Common use of Subordination of Trust Common Securities Clause in Contracts

Subordination of Trust Common Securities. (a) Payment of Distributions (including Additional Amounts, if applicable) on, and the Redemption Price of, the Trust Securities, as applicable, shall be made pro rata based on the respective Liquidation Amounts of the applicable Trust Securities; provided, however, that if on any Distribution Date or Redemption Date a Debenture Indenture Event of Default shall have occurred and be continuing, no payment of any Distribution (including Additional Amounts, if applicable) on, or Redemption Price of, any Trust Common Security, and no other payment on account of the redemption, liquidation or other acquisition of Trust Common Securities, shall be made unless payment in full in cash of all accumulated and unpaid Distributions (including Additional Amounts, if applicable) on all Outstanding Trust Preferred Securities for all distribution periods terminating on or prior thereto, or in the case of payment of the Redemption Price the full amount of such Redemption Price on all Outstanding Trust Preferred Securities, shall have been made or provided for, and in funds immediately available to the Property Trustee shall first be applied to the payment in full in cash of all Distributions (including Additional Amounts, if applicable) on, or the Redemption Price of, Trust Preferred Securities then due and payable. (b) In the case of the occurrence of any Debenture Indenture Event of Default, the Holder of Trust Common Securities will be deemed to have waived any such Event of Default under this Trust Agreement until the effect of all such Events of Default with respect to the Trust Preferred Securities have been cured, waived or otherwise eliminated. Until any such Events of Default under this Trust Agreement with respect to the Trust Preferred Securities have been so cured, waived or otherwise eliminated, the Property Trustee shall act solely on behalf of the Holders of the Trust Preferred Securities and not the Holder of the Trust Common Securities, and only the Holders of the Trust Preferred Securities will have the right to direct the Property Trustee to act on their behalf.

Subordination of Trust Common Securities. (a) Payment of Distributions (including Additional Amounts, if applicable) on, and the Redemption Price of, the Trust Securities, as applicable, shall be made pro rata based on the respective Liquidation Amounts Preference of the applicable Trust Securities; provided, however, that if on any Distribution Date or Redemption Date Date, a Debenture Indenture Event of Default shall have occurred and be continuing, no payment of any Distribution (including Additional Amounts, if applicable) on, or Redemption Price of, any Trust Common Security, and no other payment on account of the redemption, liquidation or other acquisition of Trust Common Securities, shall be made unless payment in full in cash of all accumulated and unpaid Distributions (including Additional Amounts, if applicable) on all Outstanding Trust Preferred Securities for all distribution periods terminating on or prior thereto, or in the case of payment of the Redemption Price Price, the full amount of such Redemption Price on all Outstanding Trust Preferred SecuritiesSecurities then being redeemed, shall have been made or provided for, and in all funds immediately available to the Property Trustee shall first be applied to the payment in full in cash of all Distributions (including Additional Amounts, if applicable) on, or the Redemption Price of, Trust Preferred Securities then due and payable. (b) In the case of the occurrence any Event of any Default under this Trust Agreement resulting from a Debenture Indenture Event of Default, the Holder of Trust Common Securities will be deemed to have waived any right to act with respect to any such Event of Default under this Trust Agreement until the effect of all such Events Event of Default with respect to the Trust Preferred Securities have has been cured, waived or otherwise eliminated. Until any such Events Event of Default under this Trust Agreement with respect to the Trust Preferred Securities have has been so cured, waived or otherwise eliminated, the Property Trustee shall act solely on behalf for the benefit of the Holders of the Trust Preferred Securities and not the Holder Holders of the Trust Common Securities, and only the Holders of the Trust Preferred Securities will have the right to direct the Property Trustee to act on for their behalfbenefit.

Subordination of Trust Common Securities. (a) Payment of Distributions (including Additional Amounts, if applicable) on, and the Redemption Price of, and the Liquidation Distribution in respect of, the Trust Securities, as applicable, shall be made made, subject to Section 402(e), pro rata among the Trust Common Securities and the Trust Preferred Securities based on the respective Liquidation Amounts Amount of the applicable such Trust Securities; provided, however, that if on any Distribution Date or Redemption Date a Debenture Indenture any Event of Default resulting from a Debenture Event of Default in Sections 8.01(a)(1) or (2) of the Indenture shall have occurred and be continuing, no payment of any Distribution (including any Additional Amounts, if applicable) on, or Redemption Price of, or Liquidation Distribution in respect of, any Trust Common Security, and no other payment on account of the redemption, liquidation or other acquisition of Trust Common Securities, shall be made unless payment in full in cash of all accumulated and unpaid Distributions (including any Additional Amounts, if applicable) on all Outstanding Trust Preferred Securities for all distribution Distribution periods terminating on or prior thereto, or, in the case of payment of the Redemption Price, the full amount of such Redemption Price on all Outstanding Trust Preferred Securities then called for redemption, or in the case of payment of the Redemption Price Liquidation Distribution, the full amount of such Redemption Price Liquidation Distribution on all Outstanding Trust Preferred Securities, shall have been made or provided for, and in all funds immediately available to the Property Trustee shall first be applied to the payment in full in cash of all Distributions (including any Additional Amounts, if applicable) on, or the Redemption Price of, or Liquidation Distribution in respect of, Trust Preferred Securities then due and payable. (b) In the case . The existence of the occurrence of any Debenture Indenture Event of Default, the Holder of Trust Common Securities will be deemed to have waived any such an Event of Default under this Trust Agreement until does not entitle the effect Holders of all such Events of Default with respect to the Trust Preferred Securities have been cured, waived or otherwise eliminated. Until any such Events of Default under this Trust Agreement with respect to accelerate the Trust Preferred Securities have been so cured, waived or otherwise eliminated, the Property Trustee shall act solely on behalf of the Holders of the Trust Preferred Securities and not the Holder of the Trust Common Securities, and only the Holders of the Trust Preferred Securities will have the right to direct the Property Trustee to act on their behalfmaturity thereof.

Subordination of Trust Common Securities. (a) Payment of Distributions (including Additional Amounts, if applicable) on, and the Redemption Price of, the Trust Securities, as applicable, shall be made pro rata based on the respective Liquidation Amounts Preference of the applicable Trust Securities; provided, however, that if on any -------- ------- Distribution Date or Redemption Date Date, a Debenture Indenture Event of Default shall have occurred and be continuing, no payment of any Distribution (including Additional Amounts, if applicable) on, or Redemption Price of, any Trust Common Security, and no other payment on account of the redemption, liquidation or other acquisition of Trust Common Securities, shall be made unless payment in full in cash of all accumulated and unpaid Distributions (including Additional Amounts, if applicable) on all Outstanding Trust Preferred Securities for all distribution periods terminating on or prior thereto, or in the case of payment of the Redemption Price Price, the full amount of such Redemption Price on all Outstanding Trust Preferred SecuritiesSecurities then being redeemed, shall have been made or provided for, and in all funds immediately available to the Property Trustee shall first be applied to the payment in full in cash of all Distributions (including Additional Amounts, if applicable) on, or the Redemption Price of, Trust Preferred Securities then due and payable. (b) In the case of the occurrence any Event of any Default under this Trust Agreement resulting from a Debenture Indenture Event of Default, the Holder of Trust Common Securities will be deemed to have waived any right to act with respect to any such Event of Default under this Trust Agreement until the effect of all such Events Event of Default with respect to the Trust Preferred Securities have has been cured, waived or otherwise eliminated. Until any such Events Event of Default under this Trust Agreement with respect to the Trust Preferred Securities have has been so cured, waived or otherwise eliminated, the Property Trustee shall act solely on behalf for the benefit of the Holders of the Trust Preferred Securities and not the Holder of the Trust Common Securities, and only the Holders of the Trust Preferred Securities will have the right to direct the Property Trustee to act on for their behalfbenefit.

Subordination of Trust Common Securities. (a) Payment of Distributions (including Additional Amounts, if applicable) on, and the Redemption Price of, and the Liquidation Distribution in respect of, the Trust Securities, as applicable, shall be made made, subject to Section 402(e), pro rata among the Trust Common Securities and the Trust Preferred Securities based on the respective Liquidation Amounts Amount of the applicable such Trust Securities; provided, however, that if on any Distribution Date or Redemption Date a Debenture Indenture Date, any Event of Default resulting from a Debt Event of Default in Section 801(a) or 801(b) of the Indenture shall have occurred and be continuing, no payment of any Distribution (including any Additional Amounts, if applicable) on, or Redemption Price of, or Liquidation Distribution in respect of, any Trust Common Security, and no other payment on account of the redemption, liquidation or other acquisition of Trust Common Securities, shall be made unless payment in full in cash of all accumulated and unpaid Distributions (including any Additional Amounts, if applicable) on all Outstanding Trust Preferred Securities for all distribution Distribution periods terminating on or prior thereto, or, in the case of payment of the Redemption Price, the full amount of such Redemption Price on all Outstanding Trust Preferred Securities then called for redemption, or in the case of payment of the Redemption Price Liquidation Distribution, the full amount of such Redemption Price Liquidation Distribution on all Outstanding Trust Preferred Securities, shall have been made or provided for, and in all funds immediately available to the Property Trustee shall first be applied to the payment in full in cash of all Distributions (including any Additional Amounts, if applicable) on, or the Redemption Price of, or Liquidation Distribution in respect of, Trust Preferred Securities then due and payable. (b) In the case . The existence of the occurrence of any Debenture Indenture Event of Default, the Holder of Trust Common Securities will be deemed to have waived any such an Event of Default under this Trust Agreement until does not entitle the effect Holders of all such Events of Default with respect to the Trust Preferred Securities have been cured, waived or otherwise eliminated. Until any such Events of Default under this Trust Agreement with respect to accelerate the Trust Preferred Securities have been so cured, waived or otherwise eliminated, the Property Trustee shall act solely on behalf of the Holders of the Trust Preferred Securities and not the Holder of the Trust Common Securities, and only the Holders of the Trust Preferred Securities will have the right to direct the Property Trustee to act on their behalfmaturity thereof.

Subordination of Trust Common Securities. (a) Payment of Distributions (including Additional Amounts, if applicable) on, and the Redemption Price of, the Trust Securities, as applicable, shall be made pro rata based on the respective Liquidation Amounts Preference of the applicable Trust Securities; provided, however, that if on any -------- ------- Distribution Date or Redemption Date Date, a Debenture Indenture Event of Default shall have occurred and be continuing, no payment of any Distribution (including Additional Amounts, if applicable) on, or Redemption Price of, any Trust Common Security, and no other payment on account of the redemption, liquidation or other acquisition of Trust Common Securities, shall be made unless payment in full in cash of all accumulated and unpaid Distributions (including Additional Amounts, if applicable) on all Outstanding Trust Preferred Securities for all distribution periods terminating on or prior thereto, or in the case of payment of the Redemption Price Price, the full amount of such Redemption Price on all Outstanding Trust Preferred SecuritiesSecurities then being redeemed, shall have been made or provided for, and in all funds immediately available to the Property Trustee shall first be applied to the payment in full in cash of all Distributions (including Additional Amounts, if applicable) on, or the Redemption Price of, Trust Preferred Securities then due and payable. (b) In the case of the occurrence any Event of any Default under this Trust Agreement resulting from a Debenture Indenture Event of Default, the Holder of Trust Common Securities will be deemed to have waived any right to act with respect to any such Event of Default under this Trust Agreement until the effect of all such Events Event of Default with respect to the Trust Preferred Securities have has been cured, waived or otherwise eliminated. Until any such Events Event of Default under this Trust Agreement with respect to the Trust Preferred Securities have has been so cured, waived or otherwise eliminated, the Property Trustee shall act solely on behalf of the Holders of the Trust Preferred Securities and not the Holder of the Trust Common Securities, and only the Holders of the Trust Preferred Securities will have the right to direct the Property Trustee to act on their behalf.

Subordination of Trust Common Securities. (a) Payment of Distributions (including Additional Amounts, if applicable) on, and the Redemption Price of, the Trust Securities, as applicable, shall be made made, pro rata among the Trust Common Securities and the Trust Preferred Securities based on the respective Liquidation Amounts Amount of the applicable Trust Securities; provided, however, that if on any Distribution Date or Redemption Date any Event of Default resulting from a Debenture Indenture Note Event of Default shall have occurred and be continuing, no payment of any Distribution (including Additional Amounts, if applicable) on, or Redemption Price of, any Trust Common Security, and no other payment on account of the redemption, liquidation or other acquisition of Trust Common Securities, shall be made unless payment in full in cash of all accumulated and unpaid Distributions (including Additional Amounts, if applicable) on all Outstanding Trust Preferred Securities for all distribution periods Distribution Periods terminating on or prior thereto, or in the case of payment of the Redemption Price the full amount of such Redemption Price on all Outstanding Trust Preferred SecuritiesSecurities then called for redemption, shall have been made or provided for, and in all funds immediately available to the Property Trustee shall first be applied to the payment in full in cash of all Distributions (including Additional Amounts, if applicable) on, or the Redemption Price of, Trust Preferred Securities then due and payable. (b) In the case of the occurrence of any Debenture Indenture Event of Default, Default resulting from any Note Event of Default the Holder of Trust Common Securities will be deemed to have waived any right to act with respect to any such Event of Default under this Trust Agreement until the effect of all such Events of Default with respect to the Trust Preferred Securities have has been cured, waived or otherwise eliminated. Until , and until any such Events Event of Default under this Trust Agreement with respect to the Trust Preferred Securities have has been so cured, waived or otherwise eliminated, the Property Trustee shall act solely on behalf of the Holders of the Trust Preferred Securities and not the Holder of the Trust Common Securities, and only the Holders of the Trust Preferred Securities will have the right to direct the Property Trustee to act on their behalfTrustee.

Subordination of Trust Common Securities. (a) Payment of Distributions (including any Additional Amounts, if applicable) on, and the Redemption Price of, and the Liquidation Distribution in respect of the Trust Securities, as applicable, shall be made made, subject to the allocation provisions of Section 4.2(e), pro rata among the Trust Common Securities and the Trust Preferred Securities based on the respective Liquidation Amounts Amount of the applicable Trust Securities; provided, however, that if on any Distribution Date, Redemption Date or Redemption Liquidation Date a Debenture Indenture any Event of Default resulting from a Debenture Event of Default specified in Section 5.1(a) or 5.1(b) of the Indenture shall have occurred and be continuing, no payment of any Distribution (including any Additional Amounts, if applicable) on, or Redemption Price of, or Liquidation Distribution in respect of any Trust Common Security, and no other payment on account of the redemption, liquidation or other acquisition of Trust Common Securities, shall be made unless unless: (1) payment in full in cash of (a) all accumulated and unpaid Distributions (including any Additional Amounts, if applicable) on all Outstanding Trust Preferred Securities for all distribution Distribution periods terminating on or prior thereto, or (b) in the case of payment of the Redemption Price Price, the full amount of such Redemption Price on all Outstanding Trust Preferred Securities then called for redemption, or (c) in the case of payment of the Liquidation Distribution, the full amount of such Liquidation Distribution on all Outstanding Trust Preferred Securities, shall have been made or provided for, and in (2) all funds immediately available to the Property Trustee shall first be applied to the payment in full in cash of all Distributions (including any Additional Amounts, if applicable) on, or the Redemption Price of, the Trust Preferred Securities then due and payable. (b) In the case of the occurrence of any Event of Default resulting from any Debenture Indenture Event of Default, the Holder Holders of the Trust Common Securities will be deemed shall have no right to have waived act with respect to any such Event of Default under this Trust Agreement until the effect of all such Events of Default with respect to the Trust Preferred Securities have been cured, waived or otherwise eliminated. Until any all such Events of Default under this Trust Agreement with respect to the Trust Preferred Securities have been so cured, waived or otherwise eliminated, the Property Trustee shall act solely on behalf of the Holders of the Trust Preferred Securities and not the Holder of the Trust Common Securities, and only the Holders of the Trust Preferred Securities will have the right to direct the Property Trustee to act on their behalf.shall

Subordination of Trust Common Securities. (a) Payment of Distributions (including Additional Amounts, if applicable) on, and the Redemption Price of, and the Liquidation Distribution in respect of, the Trust Securities, as applicable, shall be made made, subject to Section 402(e), pro rata among the Trust Common Securities and the Trust Preferred Securities based on the respective Liquidation Amounts Amount of the applicable such Trust Securities; provided, however, that if on any Distribution Date or Redemption Date a Debenture Indenture any Event of Default resulting from a Debenture Event of Default in Sections 8.01(a)(1) or (2) of the Indenture shall have occurred and be continuing, no payment of any Distribution (including any Additional Amounts, if applicable) on, or Redemption Price of, or Liquidation Distribution in respect of, any Trust Common Security, and no other payment on account of the redemption, liquidation or other acquisition of Trust Common Securities, shall be made unless payment in full in cash of all accumulated and unpaid Distributions (including any Additional Amounts, if applicable) on all Outstanding Trust Preferred Securities for all distribution Distribution periods terminating on or prior thereto, or, in the case of payment of the Redemption Price, the full amount of such Redemption Price on all Outstanding Trust Preferred Securities then called for redemption, or in the case of payment of the Redemption Price Liquidation Distribution, the full amount of such Redemption Price Liquidation Distribution on all Outstanding Trust Preferred Securities, shall have been made or provided for, and in all funds immediately available to the Property Trustee shall first be applied to the payment in full in cash of all Distributions (including any Additional Amounts, if applicable) on, or the Redemption Price of, or Liquidation Distribution in respect of, Trust Preferred Securities then due and payable. (b) In the case . The existence of the occurrence of any Debenture Indenture Event of Default, the Holder of Trust Common Securities will be deemed to have waived any such an Event of Default under this Trust Agreement until does not entitle the effect Holders of all such Events of Default with respect to the Trust Preferred Securities have been cured, waived or otherwise eliminated. Until any such Events of Default under this Trust Agreement with respect to accelerate the Trust Preferred Securities have been so cured, waived or otherwise eliminated, the Property Trustee shall act solely on behalf of the Holders of the Trust Preferred Securities and not the Holder of the Trust Common Securities, and only the Holders of the Trust Preferred Securities will have the right to direct the Property Trustee to act on their behalfmaturity thereof.

Subordination of Trust Common Securities. (a) Payment of Distributions (including Additional Amounts, if applicable) on, and the Redemption Price of, the Trust Securities, as applicable, shall be made pro rata based on the respective Liquidation Amounts of the applicable Trust Securities; provided, however, that if on any Distribution Date or Redemption Date a Debenture an Indenture Event of Default shall have occurred and be continuing, no payment of any Distribution (including Additional Amounts, if applicable) on, or Redemption Price of, any Trust Common Security, and no other payment on account of the redemption, liquidation or other acquisition of Trust Common Securities, shall be made unless payment in full in cash of all accumulated and unpaid Distributions (including Additional Amounts, if applicable) on all Outstanding Trust Preferred Securities for all distribution periods terminating on or prior thereto, or in the case of payment of the Redemption Price the full amount of such Redemption Price on all Outstanding Trust Preferred Securities, shall have been made or provided for, and in funds immediately available to the Property Trustee shall first be applied to the payment in full in cash of all Distributions (including Additional Amounts, if applicable) on, or the Redemption Price of, Trust Preferred Securities then due and payable. (b) In the case of the occurrence of any Debenture Indenture Event of Default, the Holder of Trust Common Securities will be deemed to have waived any such Event of Default under this Trust Agreement until the effect of all such Events of Default with respect to the Trust Preferred Securities have been cured, waived or otherwise eliminated. Until any such Events of Default under this Trust Agreement with respect to the Trust Preferred Securities have been so cured, waived or otherwise eliminated, the Property Trustee shall act solely on behalf of the Holders of the Trust Preferred Securities and not the Holder of the Trust Common Securities, and only the Holders of the Trust Preferred Securities will have the right to direct the Property Trustee to act on their behalf.

Subordination of Trust Common Securities. (a) Payment of Distributions (including Additional Amounts, if applicable) on, and the Redemption Price of, the Trust Securities, as applicable, shall be made made, pro rata among the Trust Common Securities and the Trust Preferred Securities based on the respective Liquidation Amounts Amount of the applicable Trust Securities; provided, however, that if on any Distribution Date or Redemption Date any Event of Default resulting from a Debenture Indenture Note Event of Default shall have occurred and be continuing, no payment of any Distribution (including Additional Amounts, if applicable) on, or Redemption Price of, any Trust Common Security, and no other payment on account of the redemption, liquidation or other acquisition of Trust Common Securities, shall be made unless payment in full in cash of all accumulated and unpaid Distributions (including Additional Amounts, if applicable) on all Outstanding Trust Preferred Securities for all distribution periods Distribution Periods terminating on or prior thereto, or in the case of payment of the Redemption Price the full amount of such Redemption Price on all Outstanding Trust Preferred SecuritiesSecurities then called for redemption, shall have been made or provided for, and in all funds immediately available to the Property Trustee shall first be applied to the payment in full in cash of all Distributions (including Additional Amounts, if applicable) on, or the Redemption Price of, Trust Preferred Securities then due and payable. (b) In the case of the occurrence of any Debenture Indenture Event of Default, Default resulting from any Note Event of Default the Holder of Trust Common Securities will be deemed to have waived any right to act with respect to any such Event of Default under this Trust Agreement until the effect of all such Events of Default with respect to the Trust Preferred Securities have been cured, waived or otherwise eliminated. Until , and until any such Events Event of Default under this Trust Agreement with respect to the Trust Preferred Securities have has been so cured, waived or otherwise eliminated, the Property Trustee shall act solely on behalf of the Holders of the Trust Preferred Securities and not the Holder of the Trust Common Securities, and only the Holders of the Trust Preferred Securities will have the right to direct the Property Trustee to act on their behalfTrustee.