Common use of Subordination Clause in Contracts

Subordination. The obligations of the Guarantor under this Guarantee Agreement will constitute unsecured obligations of the Guarantor and will rank subordinate and junior in right of payment to all Senior Debt of the Guarantor.

Appears in 97 contracts

Samples: Guarantee Agreement (Paragon Commercial CORP), Guarantee Agreement (Entegra Financial Corp.), Guarantee Agreement (Wilshire Bancorp Inc)

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Subordination. The obligations of the Guarantor under this This Guarantee Agreement will constitute an unsecured obligations obligation of the Guarantor and will rank subordinate and junior in right of payment to all Senior Debt of the Guarantor.

Appears in 49 contracts

Samples: Guarantee Agreement (Lincoln National Corp), Guarantee Agreement (Lincoln National Corp), Guarantee Agreement (Metro Capital Trust V)

Subordination. The obligations of the Guarantor under this Guarantee Agreement will constitute unsecured obligations of the Guarantor and will rank subordinate and junior in right of payment to all Senior Debt Indebtedness of the Guarantor. The obligations of the Guarantor under this Guarantee Agreement do not constitute Senior Indebtedness, Senior Debt or Senior Subordinated Debt.

Appears in 14 contracts

Samples: Guarantee Agreement (Keycorp /New/), Guarantee Agreement (KeyCorp Capital VIII), Guarantee Agreement (KeyCorp Capital VIII)

Subordination. The obligations of the Guarantor under this Guarantee Agreement will constitute unsecured obligations of the Guarantor and will rank subordinate and junior in right of payment to all Senior Debt (as defined in the Indenture) of the Guarantor, except those made pari passu or subordinate to such obligations expressly by their terms. in the same manner as set forth in Article XIII of the Indenture.

Appears in 14 contracts

Samples: Guarantee Agreement (Mbna Capital V), Guarantee Agreement (Chase Manhattan Corp /De/), Guarantee Agreement (Chase Capital Iii)

Subordination. The obligations of the Guarantor under this Guarantee Agreement will constitute unsecured obligations of the Guarantor and will rank subordinate and junior in right of payment to all Senior and Subordinated Debt of (as defined in the GuarantorIndenture) in the same manner as Debentures (as defined in the Trust Agreement).

Appears in 14 contracts

Samples: Guarantee Agreement (GBB Capital I), Guarantee Agreement (SVB Capital I), Guarantee Agreement (First Interstate Bancsystem of Montana Inc)

Subordination. The obligations of the Guarantor under this Guarantee Agreement will constitute unsecured obligations of the Guarantor and will rank subordinate and junior in right of payment to all Senior Debt of and Subordinated Debt (as defined in the GuarantorIndenture) in the same manner as Debentures (as defined in the Trust Agreement).

Appears in 10 contracts

Samples: Guarantee Agreement (Us Home & Garden Trust I), Guarantee Agreement (American Coin Merchandising Trust Iv), Guarantee Agreement (Us Home & Garden Trust I)

Subordination. The obligations of the Guarantor under this Guarantee Agreement will constitute unsecured obligations of the Guarantor and will rank subordinate and junior in right of payment to all Senior Debt of the GuarantorGuarantor to the extent and manner set forth in the Indenture. The obligations of the Guarantor under this Guarantee Agreement do not constitute Senior Debt.

Appears in 8 contracts

Samples: Guarantee Agreement (Regions Financing Trust Iii), Guarantee Agreement (Regions Financing Trust Iii), Guarantee Agreement (Regions Financing Trust Ii)

Subordination. The obligations of the Guarantor under this Guarantee Agreement will constitute unsecured obligations of the Guarantor and will rank subordinate and junior in right of payment to all Senior Debt Indebtedness (as defined in the Indenture) of the Guarantor, except those made pari passu or subordinate to such obligations expressly by their terms, in the same manner as set forth in Article XIII of the Indenture.

Appears in 7 contracts

Samples: Guarantee Agreement (First Tennessee Capital Iv), Guarantee Agreement (First Tennessee Capital Iv), Guarantee Agreement (First Tennessee Capital Iv)

Subordination. The obligations of the Guarantor under this Guarantee Agreement will constitute unsecured obligations of the Guarantor and will rank subordinate and junior in right of payment to all Senior Debt other liabilities of the GuarantorGuarantor except those made pari passu or subordinate to such obligations expressly by their terms.

Appears in 7 contracts

Samples: Guarantee Agreement (Sce Trust I), Guarantee Agreement (Sce Trust I), Guarantee Agreement (Sce Trust I)

Subordination. The obligations of the Guarantor under this Guarantee Agreement will constitute unsecured obligations of the Guarantor and will rank subordinate and junior in right of payment to all Senior Debt (as defined in the Indenture) of the Guarantor, except those made pari passu or subordinate to such obligations expressly by their terms in the same manner as set forth in Article XIII of the Indenture.

Appears in 7 contracts

Samples: Guarantee Agreement (Mbna Corp), Guarantee Agreement (Mbna Corp), Guarantee Agreement (Telebanc Capital Trust Ii)

Subordination. The obligations of the Guarantor under this Guarantee Agreement will constitute unsecured obligations of the Guarantor and will rank subordinate and junior in right of payment to all Senior Debt of the GuarantorGuarantor to the extent and in the same manner that the Notes are subordinated to Senior Debt pursuant to the Indenture, it being understood that the terms of Article XII of the Indenture shall apply to the obligations of the Guarantor under this Guarantee Agreement as if such provisions were set forth in full herein.

Appears in 6 contracts

Samples: Guarantee Agreement (Huntington Bancshares Inc/Md), Guarantee Agreement (First Citizens Bancshares Inc /De/), Guarantee Agreement (Green Bankshares, Inc.)

Subordination. The obligations of the Guarantor under this Guarantee Agreement will constitute unsecured obligations of the Guarantor and will rank subordinate and junior in right of payment to all Senior Debt of the Guarantor. The obligations of the Guarantor under this Guarantee Agreement do not constitute Senior Indebtedness, Senior Debt or Senior Subordinated Debt.

Appears in 6 contracts

Samples: Guarantee Agreement (Goldman Sachs Group Inc/), Guarantee Agreement (Goldman Sachs Group Inc/), Guarantee Agreement (Goldman Sachs Capital V)

Subordination. The obligations of the Guarantor under this Guarantee Agreement will constitute unsecured obligations of the Guarantor and will rank subordinate and junior in right of payment to all Senior Debt of the GuarantorGuarantor to the extent and in the manner set forth in the Indenture. The obligations of the Guarantor under this Guarantee Agreement do not constitute Senior Debt.

Appears in 6 contracts

Samples: Guarantee Agreement (Everest Re Group LTD), Guarantee Agreement (Everest Re Group LTD), Guarantee Agreement (Everest Reinsurance Holdings Inc)

Subordination. The obligations of the Guarantor under this Guarantee Agreement will constitute unsecured obligations of the Guarantor and will rank subordinate and junior in right of payment to all Senior Debt of in the Guarantorsame manner as Debentures.

Appears in 6 contracts

Samples: Guarantee Agreement (Silicon Valley Bancshares), Guarantee Agreement (Bancfirst Corp /Ok/), Guarantee Agreement (Silicon Valley Bancshares)

Subordination. The obligations of the Guarantor under this This Guarantee Agreement will constitute an unsecured obligations obligation of the Guarantor and will rank subordinate and junior in right of payment to all Senior Debt general liabilities of the Guarantor.

Appears in 5 contracts

Samples: Guarantee Agreement (Pse&g Capital Trust Iii), Guarantee Agreement (Pse&g Capital Trust Iii), Guarantee Agreement (Pseg Power Capital Trust V)

Subordination. The obligations of the Guarantor under this Guarantee Agreement will constitute unsecured obligations of the Guarantor and will rank subordinate and junior in right of payment to all Senior Debt Indebtedness of the Guarantor. The obligations of the Guarantor under this Guarantee Agreement do not constitute Senior Indebtedness.

Appears in 4 contracts

Samples: Guarantee Agreement (Comerica Capital Trust Ii), Guarantee Agreement (Citizens Funding Trust II), Guarantee Agreement (Citizens Funding Trust IV)

Subordination. The obligations of the Guarantor under this This Guarantee Agreement will constitute an unsecured obligations obligation of the Guarantor and will rank subordinate and junior subject in right of payment to all the prior payment in full in cash of Senior Debt Indebtedness of the Guarantor.

Appears in 4 contracts

Samples: Partnership Preferred Securities Guarantee Agreement (Citizens Utilities Capital L P), Convertible Preferred Securities Guarantee Agreement (Citizens Utilities Capital L P), Convertible Preferred Securities Guarantee Agreement (Citizens Utilities Capital L P)

Subordination. The obligations of the Guarantor under this Guarantee Agreement will constitute unsecured obligations of the Guarantor and will rank subordinate and junior in right of payment to all Senior and Subordinated Debt of in the Guarantorsame manner as the Debentures.

Appears in 4 contracts

Samples: Capital Securities Guarantee Agreement (Downey Financial Capital Trust Iii), Capital Securities Guarantee Agreement (Downey Financial Capital Trust Iii), Capital Securities Guarantee Agreement (Downey Financial Corp)

Subordination. The obligations of the Guarantor under this Guarantee Agreement will constitute unsecured obligations of the Guarantor and will rank subordinate and junior in right of payment to all Senior Debt (as defined in the Indenture) of the Guarantor, except those made pari passu or subordinate to such obligations expressly by their terms, in the same manner as set forth in Article XIII of the Indenture.

Appears in 4 contracts

Samples: Guarantee Agreement (Mellon Financial Corp), Guarantee Agreement (Mellon Financial Corp), Guarantee Agreement (Mellon Bank Corp)

Subordination. The obligations of the Guarantor under this Guarantee Agreement will constitute unsecured obligations of the Guarantor and will rank subordinate and junior in right of payment to all Senior Debt (as defined in the Indenture) to the extent and in the manner set forth in the Indenture. The obligations of the GuarantorGuarantor under this Guarantee Agreement do not constitute Senior Debt (as defined in the Indenture).

Appears in 4 contracts

Samples: Guarantee Agreement (Owens Corning Capital Ii), Guarantee Agreement (Owens Corning Capital Ii), Guarantee Agreement (Owens Corning Capital Ii)

Subordination. The obligations of the Guarantor under this Guarantee Agreement will constitute unsecured obligations of the Guarantor and will rank subordinate and junior in right of payment to all Senior Debt Indebtedness and Subordinated Indebtedness (each as defined in the Indenture) to the extent and in the manner set forth in the Indenture. The obligations of the GuarantorGuarantor under this Guarantee Agreement do not constitute Senior or Subordinated Indebtedness.

Appears in 3 contracts

Samples: Guarantee Agreement (Idacorp Trust Iii), Guarantee Agreement (Idacorp Trust Iii), Guarantee Agreement (Covanta Capital Trust Iii)

Subordination. The obligations of the Guarantor under this Guarantee Agreement will constitute unsecured obligations of the Guarantor and will rank subordinate and junior in right of payment to all Senior Debt of the Guarantor.. 15

Appears in 3 contracts

Samples: Guarantee Agreement (Simmons First National Corp), Guarantee Agreement (Simmons First National Corp), Guarantee Agreement (Simmons First National Corp)

Subordination. The obligations of the Guarantor under this Guarantee Agreement will constitute unsecured obligations of the Guarantor and will rank subordinate and junior in right of payment to all Senior Debt other liabilities of the GuarantorGuarantor (including obligations under the Debentures) except (a) those liabilities which expressly by their terms are made pari passu or subordinate to the obligations of the Guarantor under this Guarantee Agreement and (b) liabilities arising under similar guarantee agreements as described in Section 6.2 hereof.

Appears in 3 contracts

Samples: Capital Securities Guarantee Agreement (Aon Corp), Capital Securities Guarantee Agreement (Aon Corp), Capital Securities Guarantee Agreement (Aon Corp)

Subordination. The obligations of the Guarantor under this Guarantee Agreement will constitute unsecured obligations of the Guarantor and will rank subordinate and junior in right of payment to all Senior Debt of the GuarantorGuarantor except those made PARI PASSU or subordinate to such obligations expressly by their terms.

Appears in 3 contracts

Samples: Guarantee Agreement (Bankunited Capital Ii), Guarantee Agreement (Bankunited Financial Corp), Guarantee Agreement (Bankunited Capital Ii)

Subordination. The obligations of the Guarantor under this This Guarantee Agreement will shall constitute an unsecured obligations obligation of the Guarantor and will shall rank subordinate and junior in right of payment to all Senior Debt general liabilities of the Guarantor.

Appears in 3 contracts

Samples: Guarantee Agreement (Public Service Enterprise Group Inc), Guarantee Agreement (Public Service Enterprise Group Inc), Guarantee Agreement (Public Service Enterprise Group Inc)

Subordination. The obligations of the Guarantor under this Guarantee Agreement will constitute unsecured obligations of the Guarantor and will rank subordinate and junior in right of payment to all Senior Debt Indebtedness (as defined in the Indenture) of the Guarantor, except those made pari passu or subordinate to such obligations expressly by their terms in the same manner as set forth in Article XIII of the Indenture.

Appears in 3 contracts

Samples: Guarantee Agreement (Caremark Rx Inc), Guarantee Agreement (First American Financial Corp), Guarantee Agreement (First American Financial Corp)

Subordination. The obligations of the Guarantor under this Guarantee Agreement will constitute unsecured obligations of the Guarantor and will rank subordinate and junior in right of payment to all Senior Debt other liabilities of the GuarantorGuarantor (including obligations under the Debentures) except (a) those liabilities which expressly by their terms are made pari passu or subordinate to the obligations of the Guarantor under this Guarantee Agreement, and (b) liabilities arising under similar guarantee agreements as described in Section 6.2 hereof.

Appears in 2 contracts

Samples: Capital Securities Guarantee Agreement (Suntrust Banks Inc), Guarantee Agreement (Wells Fargo Capital Iii)

Subordination. The obligations of the Guarantor under this Guarantee Agreement will constitute unsecured obligations of the Guarantor and will rank subordinate and junior in right of payment to all Senior Debt (as defined in the Indenture) of the Guarantor, except those debts made pari passu or subordinate to such obligations expressly by their terms, in the same manner as set forth in Article 14 of the Indenture.

Appears in 2 contracts

Samples: Trust Securities Guarantee (Willamette Industries Inc), Trust Securities Guarantee (Willamette Industries Inc)

Subordination. The obligations of the Guarantor under this Guarantee Agreement will constitute unsecured obligations of the Guarantor and will rank subordinate and junior in right of payment to all Senior Debt Indebtedness (as defined in the Indenture) to the extent and in the manner set forth in the Indenture. The obligations of the GuarantorGuarantor under this Guarantee Agreement do not constitute Senior Indebtedness or Senior Debt (each as defined in the Indenture).

Appears in 2 contracts

Samples: Trust Agreement (Usf&g Corp), Trust Agreement (Usf&g Corp)

Subordination. The obligations of the Guarantor under this Guarantee Agreement will constitute unsecured obligations of the Guarantor and will rank subordinate and junior in right of payment to all Senior Debt (as defined in the Indenture) of the Guarantor., except those made pari passu or subordinate to such obligations expressly by their terms. in the same manner as set forth in Article XIII of the 15 11

Appears in 2 contracts

Samples: Guarantee Agreement (Mbna Corp), Guarantee Agreement (Mbna Corp)

Subordination. The obligations of the Guarantor under this Guarantee Agreement will constitute unsecured obligations of the Guarantor and will rank subordinate and junior in right of payment to all Senior Debt (as defined in the Indenture) of the Guarantor.

Appears in 2 contracts

Samples: Guarantee Agreement (Pennsylvania Power & Light Co /Pa), Guarantee Agreement (Pennsylvania Power & Light Co /Pa)

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Subordination. The obligations of the Guarantor under this Guarantee Agreement will constitute unsecured obligations of the Guarantor and will rank subordinate and junior in right of payment to all Senior Debt of the GuarantorGuarantor except those made pari passu or subordinate to such obligations expressly by their terms.

Appears in 2 contracts

Samples: Guarantee Agreement (Riggs Capital Ii), Guarantee Agreement (Riggs National Corp)

Subordination. The obligations of the Guarantor under this Guarantee Agreement will constitute unsecured obligations of the Guarantor and will rank subordinate and junior in right of payment to all Senior and Subordinated Debt of in the Guarantorsame manner as Debentures.

Appears in 2 contracts

Samples: Guarantee Agreement (Silicon Valley Bancshares), Capital Securities Guarantee Agreement (Downey Financial Capital Trust I)

Subordination. The obligations of the Guarantor under this Guarantee Agreement will constitute unsecured obligations of the Guarantor and will rank subordinate and junior in right of payment to all Senior Debt of (as defined in the GuarantorIndenture) in the same manner as Debentures (as defined in the Trust Agreement).

Appears in 2 contracts

Samples: Guarantee Agreement (WSFS Financial Corp), Guarantee Agreement (CFC Preferred Trust)

Subordination. The obligations of the Guarantor under this Guarantee Agreement will constitute unsecured obligations of the Guarantor and will rank subordinate and junior in right of payment to all Senior Debt of the Guarantor. By their acceptance thereof, each Holder of Preferred Securities agrees to the foregoing provision of the Guarantee and the other terms set forth herein.

Appears in 2 contracts

Samples: Guarantee Agreement (Camden National Corp), Guarantee Agreement (San Joaquin Bancorp)

Subordination. The obligations of the Guarantor under this Guarantee Agreement will constitute unsecured obligations of the Guarantor and will rank subordinate and junior in right of payment to all Senior Debt existing and future indebtedness of the Guarantor. The obligations of the Guarantor hereunder do not constitute indebtedness of the Guarantor.

Appears in 2 contracts

Samples: Guarantee Agreement (Gastar Exploration USA, Inc.), Guarantee Agreement (Gastar Exploration USA, Inc.)

Subordination. The obligations of the Guarantor under this Guarantee Agreement will constitute unsecured obligations of the Guarantor and will rank subordinate and junior in right of payment to all Senior Debt (as defined in the Indenture with respect to the series of Debentures issued thereunder in respect of the Capital Securities) of the Guarantor, except those made pari passu or subordinate to such obligations expressly by their terms in the same manner as set forth in Article XIV of the Indenture.

Appears in 2 contracts

Samples: Guarantee Agreement (Susquehanna Bancshares Inc), Guarantee Agreement (Susquehanna Bancshares Inc)

Subordination. The obligations of the Guarantor under this Guarantee Agreement will constitute unsecured obligations of the Guarantor and will rank subordinate and junior in right of payment to all Senior Debt of the Guarantor.Senior

Appears in 1 contract

Samples: Capital Securities Guarantee Agreement (Cullen Frost Capital Trust I)

Subordination. The obligations of the each Guarantor under this Guarantee Agreement will constitute unsecured obligations of the such Guarantor and will rank subordinate and junior in right of payment to all Senior Debt of the such Guarantor.

Appears in 1 contract

Samples: Guarantee Agreement (American Safety Insurance Holdings LTD)

Subordination. The obligations of the Guarantor Gurantor under this ------------- Guarantee Agreement will constitute unsecured obligations of the Guarantor and will rank subordinate and junior in right of payment to all Senior Debt other liabilities of the GuarantorGuarantor except those made pari passu or subordinate to such obligations expressly by their terms.

Appears in 1 contract

Samples: Guarantee Agreement (Sempra Energy Capital Trust I)

Subordination. The obligations of the Guarantor under this Guarantee Agreement will constitute unsecured obligations of the Guarantor and will rank subordinate and junior in right of payment to all Senior Debt of the Guarantor.Guarantor to the extent and manner set forth in the

Appears in 1 contract

Samples: Guarantee Agreement (First Niagara Financial Group Inc)

Subordination. The obligations of the Guarantor under this Guarantee Agreement will constitute unsecured obligations of the Guarantor and will rank subordinate and junior in right of payment and upon liquidation, dissolution or winding up, to all Senior Debt indebtedness and other liabilities of the Guarantor and all capital stock of the Guarantor that by its terms ranks senior to the Series • Preferred Shares as to payment of dividends and distributions of assets. The obligations of the Guarantor hereunder do not constitute senior debt of the Guarantor.

Appears in 1 contract

Samples: Guarantee Agreement (Fifth Third Capital Trust VIII)

Subordination. The obligations of the Guarantor under this This Guarantee Agreement will shall -------------- constitute an unsecured obligations obligation of the Guarantor and will shall rank subordinate and junior in right of payment to all Senior Debt general liabilities of the Guarantor.

Appears in 1 contract

Samples: Guarantee Agreement (SJG Capital Trust)

Subordination. The obligations of the Guarantor under this Guarantee Agreement will constitute unsecured obligations of the Guarantor and will rank subordinate and junior in right of payment to all Senior Debt (as defined in the Indenture) of the GuarantorGuarantor to the extent and manner set forth in the Indenture with respect to the Debentures. The obligations of the Guarantor under this Guarantee Agreement do not constitute Senior Debt.

Appears in 1 contract

Samples: Guarantee Agreement (Regions Financing Trust Ii)

Subordination. The obligations of the Guarantor under this Guarantee Agreement will shall constitute unsecured obligations of the Guarantor and will shall rank subordinate and junior in right of payment to all Senior Debt other liabilities of the GuarantorGuarantor to the same extent as the Debentures.

Appears in 1 contract

Samples: Guarantee Agreement (Countrywide Financial Corp)

Subordination. The obligations of the Guarantor under this Guarantee Agreement will constitute unsecured obligations of the Guarantor and will rank subordinate and junior in right of payment to all Senior Debt (as defined in the Indenture) in the same manner as Debentures, except (a) those obligations which expressly by their terms are made pari passu or subordinate to the obligations of the GuarantorGuarantor under the Guarantee Agreement or (b) obligations arising under Other Guarantees.

Appears in 1 contract

Samples: Guarantee Agreement (Uhc Capital I)

Subordination. The obligations of the Guarantor under this Guarantee Agreement will shall constitute unsecured obligations of the Guarantor and will shall rank subordinate and junior in right of payment to all Senior Debt (as defined in the Indenture with respect to the series of Debentures issued thereunder in respect of the Capital Securities) of the Guarantor, except those made pari passu or subordinate to such obligations expressly by their terms in the same manner as set forth in Article XIII of the Indenture.

Appears in 1 contract

Samples: Guarantee Agreement (Countrywide Capital VIII)

Subordination. The obligations of the Guarantor under this Series B Guarantee Agreement will constitute unsecured obligations of the Guarantor and will rank subordinate and junior in right of payment to all Senior Debt of the GuarantorGuarantor in the same manner as the Junior Subordinated Debentures.

Appears in 1 contract

Samples: Guarantee Agreement (Us Bancorp Capital I)

Subordination. The obligations of the Guarantor under this Guarantee Agreement will constitute unsecured obligations of the Guarantor and will rank subordinate and junior in right of payment to all Senior Debt (as defined in the Indenture with respect to the series of Debentures issued thereunder in respect of the Capital Securities) of the Guarantor, except those made pari passu or subordinate to such obligations expressly by their terms in the same manner as set forth in Article XIII of the Indenture.

Appears in 1 contract

Samples: Guarantee Agreement (J P Morgan Chase & Co)

Subordination. The obligations of the Guarantor under this ------------- Guarantee Agreement will constitute unsecured obligations of the Guarantor and will rank subordinate and junior in right of payment to all Senior Debt other liabilities of the GuarantorGuarantor except those made pari passu or subordinate to such obligations expressly by their terms.

Appears in 1 contract

Samples: Guarantee Agreement (Eix Trust Iii)

Subordination. The obligations of the Guarantor Guarantors under this Guarantee Agreement will constitute unsecured obligations of the Guarantor Guarantors and will rank subordinate and junior in right of payment to all Senior Debt other liabilities of the GuarantorGuarantors except those made pari passu or subordinate to such obligations expressly by their terms.

Appears in 1 contract

Samples: Guarantee Agreement (Progress Energy Inc)

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