Subrogation. The Guarantor shall be subrogated to all (if any) rights of the Holders of Capital Securities against the Issuer in respect of any amounts paid to such Holders by the Guarantor under this Guarantee; provided, however, that the Guarantor shall not (except to the extent required by applicable provisions of law) be entitled to enforce or exercise any right that it may acquire by way of subrogation or any indemnity, reimbursement or other agreement, in all cases as a result of payment under this Guarantee, if, after giving effect to any such payment, any amounts are due and unpaid under this Guarantee. If any amount shall be paid to the Guarantor in violation of the preceding sentence, the Guarantor agrees to hold such amount in trust for the Holders and to pay over such amount to the Holders.
Appears in 224 contracts
Samples: Guarantee Agreement (Chino Commercial Bancorp), Guarantee Agreement (Paragon Commercial CORP), Guarantee Agreement (Great Western Bancorp, Inc.)
Subrogation. The Guarantor shall be subrogated to all (if any) rights of the Holders of Capital Securities against the Issuer in respect of any amounts paid to such Holders by the Guarantor under this Guarantee; provided, however, that the Guarantor shall not (except to the extent required by applicable mandatory provisions of law) be entitled to enforce or exercise any right that it may acquire by way of subrogation or any indemnity, reimbursement or other agreement, in all cases as a result of payment under this Guarantee, if, after giving effect to any such payment, any amounts are due and unpaid under this Guarantee. If any amount shall be paid to the Guarantor in violation of the preceding sentence, the Guarantor agrees to hold such amount in trust for the Holders and to pay over such amount to the Holders.
Appears in 162 contracts
Samples: Guarantee Agreement (Bancfirst Corp /Ok/), Guarantee Agreement (Pathfinder Bancorp, Inc.), Guarantee Agreement (Great Western Bancorp, Inc.)
Subrogation. The Guarantor shall be subrogated to all (if any) rights of the Holders of Capital Securities against the Issuer in respect of any amounts paid to such the Holders by the Guarantor under this GuaranteeGuarantee Agreement and shall have the right to waive payment by the Issuer pursuant to Section 5.1; provided, however, that the Guarantor shall not (except to the extent required by applicable mandatory provisions of law) be entitled to enforce or exercise any right that rights which it may acquire by way of subrogation or any indemnity, reimbursement or other agreement, in all cases as a result of payment under this GuaranteeGuarantee Agreement, if, after giving effect to at the time of any such payment, any amounts are due and unpaid under this GuaranteeGuarantee Agreement. If any amount shall be paid to the Guarantor in violation of the preceding sentence, the Guarantor agrees to hold such amount in trust for the Holders and to pay over such amount to the Holders.
Appears in 126 contracts
Samples: Guarantee Agreement (Everest Re Group LTD), Guarantee Agreement (Susquehanna Bancshares Inc), Guarantee Agreement (Susquehanna Capital IV)
Subrogation. The Guarantor shall be subrogated to all rights (if any) rights of the Holders of Capital Securities against the Issuer Trust in respect of any amounts paid to such the Holders by the Guarantor under this GuaranteeGuarantee Agreement; provided, however, that the Guarantor shall not (except to the extent required by applicable mandatory provisions of law) be entitled to enforce or exercise any right that rights which it may acquire by way of subrogation or any indemnity, reimbursement or other agreement, in all cases as a result of payment under this GuaranteeGuarantee Agreement, if, after giving effect to at the time of any such payment, any amounts are due and unpaid under this GuaranteeGuarantee Agreement. If any amount shall be paid to the Guarantor in violation of the preceding sentence, the Guarantor agrees to hold such amount in trust for the Holders and to pay over such amount to the Holders.
Appears in 114 contracts
Samples: Guarantee Agreement (Fifth Third Capital Trust VIII), Guarantee Agreement (Fifth Third Capital Trust VIII), Guarantee Agreement (BEE Financing Trust III)
Subrogation. The Guarantor shall be subrogated to all (if any) rights of the Holders of Capital Securities against the Issuer Trust in respect of any amounts paid to such the Holders by the Guarantor under this GuaranteeGuarantee Agreement; provided, however, that the Guarantor shall not (except to the extent required by applicable mandatory provisions of law) be entitled to enforce or exercise any right that rights which it may acquire by way of subrogation or any indemnity, reimbursement or other agreement, in all cases as a result of payment under this GuaranteeGuarantee Agreement, if, after giving effect to at the time of any such payment, any amounts of Guarantee Payments are due and unpaid under this GuaranteeGuarantee Agreement. If any amount shall be paid to the Guarantor in violation of the preceding sentence, the Guarantor agrees to hold such amount in trust for the Holders and to pay over such amount to the Holders.
Appears in 97 contracts
Samples: Guarantee Agreement (Southwestern Electric Power Co), Preferred Securities Guarantee Agreement, Guarantee Agreement (Gulf Power Co)
Subrogation. The Guarantor shall be subrogated to all (if any) rights of the Holders of Capital Securities against the Issuer Trust in respect of any amounts paid to such Holders by the Guarantor under this Guarantee; provided, however, that the Guarantor shall not (except to the extent required by applicable mandatory provisions of law) be entitled to enforce or exercise any right that it may acquire by way of subrogation or any indemnity, reimbursement or other agreement, in all cases as a result of payment under this Guarantee, if, after giving effect to if at the time of any such payment, any amounts are due and unpaid under this Guarantee. If any amount shall be paid to the Guarantor in violation of the preceding sentence, the Guarantor agrees to hold such amount in trust for the Holders and to pay over such amount to the Guarantee Trustee for the benefit of the Holders.
Appears in 68 contracts
Samples: Guarantee Agreement (Capital One Financial Corp), Guarantee Agreement (National City Capital Trust IX), Guarantee Agreement (National City Capital Trust IX)
Subrogation. The Guarantor shall be subrogated to all rights (if any) rights of the Holders of Capital Securities against the Issuer Trust in respect of any amounts paid to such the Holders by the Guarantor under this GuaranteeGuarantee Agreement; provided, however, that the Guarantor shall not (except to the extent required by applicable mandatory provisions of law) be entitled to enforce or exercise any right that rights which it may acquire by way of subrogation or any indemnity, reimbursement or other agreement, in all cases as a result of payment under this GuaranteeGuarantee Agreement, if, after giving effect to if at the time of any such payment, any amounts are due and unpaid under this GuaranteeGuarantee Agreement. If any amount shall be paid to the Guarantor in violation of the preceding sentence, the Guarantor agrees to hold such amount in trust for the Holders and to pay over such amount to the Holders.
Appears in 47 contracts
Samples: Guarantee Agreement (Auburn National Bancorporation Inc), Guarantee Agreement (FFBC Capital Trust I), Guarantee Agreement (First Citizens Bancorporation Inc)
Subrogation. The Guarantor shall be subrogated to all rights (if any) rights of the Holders of Capital Securities against the Issuer Trust in respect of any amounts paid to such the Holders by the Guarantor under this GuaranteeGuarantee Agreement and shall have the right to waive payment by the Issuer Trust pursuant to Section 5.1; provided, however, that the Guarantor shall not (except to the extent required by applicable mandatory provisions of law) be entitled to enforce or exercise any right that rights which it may acquire by way of subrogation or any indemnity, reimbursement or other agreement, in all cases as a result of payment under this GuaranteeGuarantee Agreement, if, after giving effect to at the time of any such payment, any amounts are due and unpaid under this GuaranteeGuarantee Agreement. If any amount shall be paid to the Guarantor in violation of the preceding sentence, the Guarantor agrees to hold such amount in trust for the Holders and to pay over such amount to the Holders.
Appears in 27 contracts
Samples: Guarantee Agreement (Goldman Sachs Capital III), Guarantee Agreement (Murray Street Investment Trust I), Guarantee Agreement (Goldman Sachs Group Inc/)
Subrogation. The Guarantor shall be subrogated to all (if any) rights of the Holders of Capital Securities against the Issuer in respect of any amounts paid to such the Holders by the Guarantor under this GuaranteeGuarantee Agreement; provided, however, that the Guarantor shall not (except to the extent required by applicable mandatory provisions of law) be entitled to enforce or exercise any right that rights which it may acquire by way of subrogation or any indemnity, reimbursement or other agreement, in all cases as a result of payment under this GuaranteeGuarantee Agreement, if, after giving effect to at the time of any such payment, any amounts of Guarantee Payments are due and unpaid under this GuaranteeGuarantee Agreement. If any amount shall be paid to the Guarantor in violation of the preceding sentence, the Guarantor agrees to hold such amount in trust for the Holders and to pay over such amount to the Holders.
Appears in 25 contracts
Samples: Guarantee Agreement (Midamerican Energy Financing Ii), Guarantee Agreement (Atlantic Capital Ii), Guarantee Agreement (Tu Electric Capital I)
Subrogation. The Guarantor shall be subrogated to all (rights, if any) rights , of the Holders of Capital Securities against the Issuer in respect of any amounts paid to such Holders by the Guarantor under this GuaranteeGuarantee Agreement; provided, however, that the Guarantor shall not (except to the extent required by applicable mandatory provisions of applicable law) be entitled to enforce or exercise any right that it may acquire by way of subrogation or any indemnity, reimbursement or other agreement, in all cases as a result of payment under this GuaranteeGuarantee Agreement, if, after giving effect to at the time of any such payment, any amounts are due and unpaid under this GuaranteeGuarantee Agreement. If any amount shall be paid to the Guarantor in violation of the preceding sentence, the Guarantor agrees to hold such amount in trust for the Holders and to pay over such amount to the Holders.
Appears in 25 contracts
Samples: Subordinated Debt Securities Guarantee Agreement (Partnerre LTD), Senior Debt Securities Guarantee Agreement (Partnerre LTD), Guarantee Agreement (PartnerRe Finance B LLC)
Subrogation. The Guarantor shall be subrogated to all (all, if any) , rights of the Holders of Capital Securities against the Issuer in respect of any amounts paid to such the Holders by the Guarantor under this GuaranteeGuarantee Agreement; provided, however, that the Guarantor shall not (except to the extent required by applicable mandatory provisions of law) be entitled to enforce or exercise any right that rights which it may acquire by way of subrogation or any indemnity, reimbursement or other agreement, in all cases as a result of payment under this GuaranteeGuarantee Agreement, if, after giving effect to at the time of any such payment, any amounts of Guarantee Payments are due and unpaid under this GuaranteeGuarantee Agreement. If any amount shall be paid to the Guarantor in violation of the preceding sentence, the Guarantor agrees to hold such amount in trust for the Holders and to pay over such amount to the Holders.
Appears in 24 contracts
Samples: Trust Securities Guarantee Agreement (PPL Capital Funding Inc), Guarantee Agreement (Texas Utilities Co /Tx/), Trust Securities Guarantee Agreement (American Electric Power Co Inc)
Subrogation. The Guarantor shall be subrogated to all rights (if any) rights of the Holders of Capital Securities against the Issuer Trust in respect of any amounts paid to such the Holders by the Guarantor under this GuaranteeGuarantee Agreement; provided, however, that the Guarantor shall not (except to the extent required by applicable mandatory provisions of law) be entitled to enforce or exercise any right that rights which it may acquire by way of subrogation or any indemnity, reimbursement or other agreement, in all cases as a result of payment under this GuaranteeGuarantee Agreement, if, after giving effect to at the time of any such payment, any amounts are due and unpaid under this GuaranteeGuarantee Agreement. If any amount shall be paid to the Guarantor in violation of the preceding sentence, the Guarantor agrees to hold such amount in trust for the Holders and to pay over such amount to the Holders.
Appears in 21 contracts
Samples: Guarantee Agreement (Greater Community Bancorp), Guarantee Agreement (First Empire State Corp), Guarantee Agreement (First Empire Capital Trust Ii)
Subrogation. The Guarantor shall be subrogated to all (if any) rights of the Holders of Capital Securities against the Issuer in respect of any amounts paid to such Holders by the Guarantor under this Capital Securities Guarantee; provided, however, that the Guarantor shall not (except to the extent required by applicable mandatory provisions of law) be entitled to enforce or exercise any right that it may acquire by way of subrogation or any indemnity, reimbursement or other agreement, in all cases as a result of payment under this Capital Securities Guarantee, if, after giving effect to at the time of any such payment, any amounts are due and unpaid under this Capital Securities Guarantee. If any amount shall be paid to the Guarantor in violation of the preceding sentence, the Guarantor agrees to hold such amount in trust for the Holders and to pay over such amount to the Holders.
Appears in 20 contracts
Samples: Capital Securities Guarantee Agreement (Sovereign Bancorp Inc), Capital Securities Guarantee Agreement (Sovereign Bancorp Inc), Securities Guarantee Agreement (Sovereign Capital Trust V)
Subrogation. The Guarantor shall be subrogated to all (if any) rights of the Holders of Capital Securities against the Issuer in respect of any amounts paid to such the Holders by the Guarantor under this GuaranteeGuarantee Agreement; provided, however, that the Guarantor shall not (except to the extent required by applicable mandatory provisions of law) be entitled to enforce or exercise any right that rights which it may acquire by way of subrogation or any indemnity, reimbursement or other agreement, in all cases as a result of payment under this GuaranteeGuarantee Agreement, if, after giving effect to at the time of any such payment, any amounts are due and unpaid under this GuaranteeGuarantee Agreement. If any amount shall be paid to the Guarantor in violation of the preceding sentence, the Guarantor agrees to hold such amount in trust for the Holders and to pay over such amount to the Holders.
Appears in 19 contracts
Samples: Form of Guarantee Agreement (Odyssey Re Holdings Corp), Boise Cascade Corp, Guarantee Agreement (Ford Motor Co Capital Trust I)
Subrogation. The Guarantor shall be subrogated to all (if any) rights of the Holders of Capital Securities against the Issuer Trust in respect of any amounts paid to such Holders by the Guarantor under this Guarantee; provided, however, that the Guarantor shall not (except to the extent required by applicable mandatory provisions of law) be entitled to enforce or exercise any right that it may acquire by way of subrogation or of any indemnity, reimbursement or other agreement, in all cases as a result of payment under this Guarantee, if, after giving effect to if at the time of any such payment, any amounts are due and unpaid under this Guarantee. If any amount shall be paid to the Guarantor in violation of the preceding sentence, the Guarantor agrees to hold such amount in trust for the Holders and to pay over such amount to the Guarantee Trustee for the benefit of the Holders.
Appears in 17 contracts
Samples: Guarantee Agreement (Barnett Banks Inc), Guarantee Agreement (Provident Capital Trust I), Form of Guarantee Agreement (Barnett Capital Ii)
Subrogation. The Guarantor shall be subrogated to all (rights, if any) rights , of the Holders of Capital Securities against the Issuer in respect of any amounts paid to such Holders by the Guarantor under this GuaranteeGuarantee Agreement; provided, however, that the Guarantor shall not (except to the extent required by applicable mandatory provisions of law) be entitled to enforce or exercise any right that it may acquire by way of subrogation or any indemnity, reimbursement or other agreement, in all cases as a result of payment under this GuaranteeGuarantee Agreement, if, after giving effect to at the time of any such payment, any amounts are due and unpaid under this GuaranteeGuarantee Agreement. If any amount shall be paid to the Guarantor in violation of the preceding sentence, the Guarantor agrees to hold such amount in trust for the Holders and to pay over such amount to the Holders.
Appears in 15 contracts
Samples: Guarantee Agreement (Ace LTD), Guarantee Agreement (Partnerre LTD), Guarantee Agreement (Partnerre LTD)
Subrogation. The Guarantor shall be subrogated to all (if any) rights of the Holders of Capital Securities Affiliate Debenture against the Issuer in respect of any amounts paid to such Holders by the Guarantor under this Investment Guarantee; provided, however, that the Guarantor shall not (except to the extent required by applicable mandatory provisions of law) be entitled to enforce or exercise any right that it may acquire by way of subrogation or any indemnity, reimbursement or other agreement, in all cases as a result of payment under this Investment Guarantee, if, after giving effect to at the time of any such payment, any amounts are due and unpaid under this Investment Guarantee. If any amount shall be paid to the Guarantor in violation of the preceding sentence, the Guarantor agrees to hold such amount in trust for the Holders and to pay over such amount to the Holders.
Appears in 12 contracts
Samples: Debenture Guarantee Agreement (Merrill Lynch Preferred Funding Vi L P), Debenture Guarantee Agreement (Capita Preferred Trust), Affiliate Debenture Guarantee Agreement (Merrill Lynch Preferred Capital Trust Iv)
Subrogation. The Guarantor shall be subrogated to all (rights, if any) rights , of the Holders of Capital Securities against the Issuer in respect of any amounts paid to such Holders by the Guarantor under this Common Securities Guarantee; provided, however, that the Guarantor shall not (except to the extent required by applicable mandatory provisions of law) be entitled to enforce or exercise any right that it may acquire by way of subrogation or any indemnity, reimbursement or other agreement, in all cases as a result of payment under this Common Securities Guarantee, if, after giving effect to at the time of any such payment, any amounts are due and unpaid under this Common Securities Guarantee. If any amount shall be paid to the Guarantor in violation of the preceding sentence, the Guarantor agrees to hold such amount in trust for the Holders and to pay over such amount to the Holders.
Appears in 12 contracts
Samples: Common Securities Guarantee Agreement (MetLife Capital Trust V), Guarantee Agreement (Ace LTD), Guarantee Agreement (Ace LTD)
Subrogation. The Guarantor shall be subrogated to all (if any) rights of the Holders of Capital Preferred Securities against the Issuer in respect of any amounts paid to such Holders by the Guarantor under this GuaranteeGuarantee Agreement; provided, however, that the Guarantor shall not (except to the extent required by applicable mandatory provisions of law) be entitled to enforce or exercise any right that it may acquire by way of subrogation or any indemnity, reimbursement or other agreement, in all cases as a result of payment under this GuaranteeGuarantee Agreement, if, after giving effect to at the time of any such payment, any amounts are due and unpaid under this GuaranteeGuarantee Agreement. If any amount shall be paid to the Guarantor in violation of the preceding sentence, the Guarantor agrees to hold such amount in trust for the Holders and to pay over such amount to the Holders.
Appears in 11 contracts
Samples: Preferred Securities Guarantee Agreement (KCPL Financing Ii), Guarantee Agreement (Northwestern Capital Financing I), Preferred Securities Guarantee Agreement (Telephone & Data Systems Inc)
Subrogation. The Guarantor shall be subrogated to all (if any) rights of the Holders of Capital Securities against the Issuer in respect of any amounts paid to such the Holders by the Guarantor under this GuaranteeGuarantee Agreement; provided, however, that the Guarantor shall not (except to the extent required by applicable mandatory provisions of law) be entitled to enforce or exercise any right that rights which it may acquire by way of subrogation or any indemnity, reimbursement or other agreement, in all cases as a result of payment under this GuaranteeGuarantee Agreement, if, after giving effect to at the time of any such payment, any amounts are due and unpaid under this GuaranteeGuarantee Agreement. If any amount shall be paid to the Guarantor in violation of the preceding sentence, the Guarantor agrees to hold such amount in trust for the Holders and to pay over such amount to the Holders or to the Guarantee Trustee for remittance to the Holders.
Appears in 10 contracts
Samples: Guarantee Agreement (Centex Corp), Guarantee Agreement (Calpine Capital Trust Iv), Guarantee Agreement (Raytheon Co/)
Subrogation. The Guarantor shall be subrogated to all rights (if any) rights of the Holders of Capital Securities against the Issuer Trust in respect of any amounts paid to such the Holders by the Guarantor under this GuaranteeGuarantee Agreement; provided, however, provided that the Guarantor shall not (except to the extent required by applicable mandatory provisions of law) be entitled to enforce or exercise any right rights that it may acquire by way of subrogation or any indemnity, reimbursement or other agreement, in all cases as a result of payment under this GuaranteeGuarantee Agreement, if, after giving effect to at the time of any such payment, any amounts are due and unpaid under this GuaranteeGuarantee Agreement. If any amount shall be paid to the Guarantor in violation of the preceding sentence, the Guarantor agrees to hold such amount in trust for the Holders and to pay over such amount to the Holders.
Appears in 9 contracts
Samples: Guarantee Agreement (Truist Financial Corp), Guarantee Agreement (Goldman Sachs Group Inc), Guarantee Agreement (Goldman Sachs Group Inc)
Subrogation. The Guarantor shall be subrogated to all (if any) rights of the Holders of Capital Securities against the Issuer in respect of any amounts paid to such Holders by the Guarantor under this Guarantee; provided, however, that -------- ------- the Guarantor shall not (except to the extent required by applicable provisions of law) be entitled to enforce or exercise any right that it may acquire by way of subrogation or any indemnity, reimbursement or other agreement, in all cases as a result of payment under this Guarantee, if, after giving effect to any such payment, any amounts are due and unpaid under this Guarantee. If any amount shall be paid to the Guarantor in violation of the preceding sentence, the Guarantor agrees to hold such amount in trust for the Holders and to pay over such amount to the Holders.
Appears in 9 contracts
Samples: Guarantee Agreement (Resource Bankshares Corp), Guarantee Agreement (First Banks, Inc), Guarantee Agreement (Southeastern Bank Financial CORP)
Subrogation. The Guarantor shall be subrogated to all (if any) rights of the Holders of Capital Preferred Securities against the Issuer in respect of any amounts paid to such Holders by the Guarantor under this GuaranteeGuarantee Agreement; provided, however, that the Guarantor shall not (except to the extent required by applicable mandatory provisions of law) be entitled to enforce or exercise any right that rights which it may acquire by way of subrogation or any indemnity, reimbursement or other agreement, in all cases as a result of payment under this GuaranteeGuarantee Agreement, if, after giving effect to at the time of any such payment, any amounts are due and unpaid under this GuaranteeGuarantee Agreement. If any amount shall be paid to the Guarantor in violation of the preceding sentence, the Guarantor agrees to hold such amount in trust for the Holders and to pay over such amount to the Holders.
Appears in 8 contracts
Samples: Preferred Securities Guarantee Agreement (HSBC Finance Capital Trust IX), Preferred Securities Guarantee Agreement (Household International Inc), Preferred Securities Guarantee Agreement (Household Capital Trust Vii)
Subrogation. The Guarantor shall be subrogated to all (if any) rights of the Holders of Capital Securities Holder against the Issuer Trust in respect of any amounts paid to such Holders by the Guarantor under this Guarantee; provided, however, that the Guarantor shall not (except to the extent required by applicable mandatory provisions of law) be entitled to enforce or exercise any right that it may acquire by way of subrogation or any indemnity, reimbursement or other agreement, in all cases as a result of payment under this Guarantee, if, after giving effect to if at the time of any such payment, any amounts are due and unpaid under this Guarantee. If any amount shall be paid to the Guarantor in violation of the preceding sentence, the Guarantor agrees to hold such amount in trust for the Holders and to pay over such amount to the Holders.
Appears in 8 contracts
Samples: Guarantee Agreement (Sce Trust Vi), Guarantee Agreement (SCE Trust V), Guarantee Agreement (SCE Trust IV)
Subrogation. The Guarantor shall be subrogated to all (rights, if any) rights , of the Holders of Capital Securities the Senior Notes against the Issuer in respect of any amounts paid to such Holders by the Guarantor under this GuaranteeGuarantee Agreement; provided, however, that the Guarantor shall not (except to the extent required by applicable mandatory provisions of applicable law) be entitled to enforce or exercise any right that it may acquire by way of subrogation or any indemnity, reimbursement or other agreement, in all cases as a result of payment under this GuaranteeGuarantee Agreement, if, after giving effect to at the time of any such payment, any amounts are due and unpaid under this GuaranteeGuarantee Agreement. If any amount shall be paid to the Guarantor in violation of the preceding sentence, the Guarantor agrees to hold such amount in trust for the Holders of the Senior Notes and to pay over such amount to the such Holders.
Appears in 8 contracts
Samples: Senior Debt Securities Guarantee Agreement (RenaissanceRe Finance Inc.), Senior Debt Securities Guarantee Agreement (Renaissancere Holdings LTD), Senior Debt Securities Guarantee Agreement (Allied World Assurance Co Holdings, AG)
Subrogation. The Guarantor shall be subrogated to all (if any) rights of the Holders of Capital Securities against the Issuer in respect of any amounts paid to such the Holders by the Guarantor under this GuaranteeGUARANTEE Agreement; provided, however, that the Guarantor shall not (except to the extent required by applicable mandatory provisions of law) be entitled to enforce or exercise any right that rights which it may acquire by way of subrogation or any indemnity, reimbursement or other agreement, in all cases as a result of payment under this GuaranteeGUARANTEE Agreement, if, after giving effect to at the time of any such payment, any amounts are due and unpaid under this GuaranteeGUARANTEE Agreement. If any amount shall be paid to the Guarantor in violation of the preceding sentence, the Guarantor agrees to hold such amount in trust for the Holders and to pay over such amount to the Holders.
Appears in 7 contracts
Samples: Guarantee Agreement (J P Morgan Chase & Co), JPM Capital Trust Iv, JPM Capital Trust Iv
Subrogation. The Guarantor shall be subrogated to all (rights, if any) rights , of the Holders of Capital Securities against the Issuer in respect of any amounts paid to such the Holders by the Guarantor under this GuaranteeGuarantee Agreement; providedPROVIDED, howeverHOWEVER, that the Guarantor shall not (except to the extent required by applicable mandatory provisions of law) be entitled to enforce or exercise any right that rights which it may acquire by way of subrogation or any indemnity, reimbursement or other agreement, in all cases as a result of payment under this GuaranteeGuarantee Agreement, if, after giving effect to at the time of any such payment, any amounts are due and unpaid under this GuaranteeGuarantee Agreement. If any amount shall be paid to the Guarantor in violation of the preceding sentence, the Guarantor agrees to hold such amount in trust for the Holders and to pay over such amount to the Holders.
Appears in 7 contracts
Samples: Agreement (Fund American Co Inc/New), Guarantee Agreement (Fund American Co Inc/New), Guarantee Agreement (Ubs Americas Inc)
Subrogation. The Guarantor shall be subrogated to all rights (if any) rights of the Holders of Capital Securities against the Issuer Trust in respect of any amounts paid to such the Holders by the Guarantor under this GuaranteeGuarantee Agreement; providedPROVIDED, howeverHOWEVER, that the Guarantor shall not (except to the extent required by applicable mandatory provisions of law) be entitled to enforce or exercise any right that rights which it may acquire by way of subrogation or any indemnity, reimbursement or other agreement, in all cases as a result of payment under this GuaranteeGuarantee Agreement, if, after giving effect to if at the time of any such payment, any amounts are due and unpaid under this GuaranteeGuarantee Agreement. If any amount shall be paid to the Guarantor in violation of the preceding sentence, the Guarantor agrees to hold such amount in trust for the Holders and to pay over such amount to the Holders.
Appears in 6 contracts
Samples: Guarantee Agreement (Fidbank Capital Trust I), Guarantee Agreement (MBNK Capital Trust I), Guarantee Agreement (Southern Bancshares Nc Inc)
Subrogation. The Guarantor shall be subrogated to all rights (if any) rights of the Holders of Capital Securities against the Issuer Trust in respect of any amounts paid to such the Holders by the Guarantor under this GuaranteeGuarantee Agreement; providedPROVIDED, howeverHOWEVER, that the Guarantor shall not (except to the extent required by applicable mandatory provisions of law) be entitled to enforce or exercise any right that rights which it may acquire by way of subrogation or any indemnity, reimbursement or other agreement, in all cases as a result of payment under this GuaranteeGuarantee Agreement, if, after giving effect to at the time of any such payment, any amounts are due and unpaid under this GuaranteeGuarantee Agreement. If any amount shall be paid to the Guarantor in violation of the preceding sentence, the Guarantor agrees to hold such amount in trust for the Holders and to pay over such amount to the Holders.
Appears in 6 contracts
Samples: Guarantee Agreement (Seacoast Financial Services Corp), Guarantee Agreement (Southern States Capital Trust I), Guarantee Agreement (Zions Institutional Capital Trust A)
Subrogation. The Guarantor shall be subrogated to all (if any) rights of the Holders of Capital Trust Preferred Securities against the Issuer in respect of any amounts paid to such Holders by the Guarantor under this GuaranteeGuarantee Agreement; provided, however, that the Guarantor shall not (except to the extent required by applicable mandatory provisions of law) be entitled to enforce or exercise any right that it may acquire by way of subrogation or any indemnity, reimbursement or other agreement, in all cases as a result of payment under this GuaranteeGuarantee Agreement, if, after giving effect to at the time of any such payment, any amounts are due and unpaid under this GuaranteeGuarantee Agreement. If any amount shall be paid to the Guarantor in violation of the preceding sentence, the Guarantor agrees to hold such amount in trust for the Holders and to pay over such amount to the Holders.
Appears in 6 contracts
Samples: Preferred Securities Guarantee Agreement, Securities Purchase and Exchange Agreement, Preferred Securities Guarantee Agreement (Ally Financial Inc.)
Subrogation. The Guarantor shall be subrogated to all (if any) rights of the Holders of Capital Securities against the Issuer in respect of any amounts paid to such Holders by the Guarantor under this Capital Securities Guarantee; provided, however, that the Guarantor shall not (except to the extent required by applicable mandatory provisions of law) be entitled to enforce or exercise any right that it may acquire by way of subrogation or any indemnity, reimbursement or other agreement, in all cases as a result of payment under this Capital Securities Guarantee, if, after giving effect to any such payment, any amounts are due and unpaid under this Capital Securities Guarantee. If any amount shall be paid to the Guarantor in violation of the preceding sentence, the Guarantor agrees to hold such amount in trust for the Holders and to pay over such amount to the Holders.
Appears in 6 contracts
Samples: Guarantee Agreement (Pxre Corp), Guarantee Agreement (Mercantile Capital Trust I), Securities Guarantee Agreement (Countrywide Capital Ii)
Subrogation. The Guarantor shall be subrogated to all (rights, if any) rights , of the Holders of Capital Securities against the Issuer in respect of any amounts paid to such the Holders by the Guarantor under this GuaranteeGuarantee Agreement; provided, however, that the Guarantor shall not (except to the extent required by applicable mandatory provisions of law) be entitled to enforce or exercise any right that rights which it may acquire by way of subrogation or any indemnity, reimbursement or other agreement, in all cases as a result of payment under this GuaranteeGuarantee Agreement, if, after giving effect to at the time of any such payment, any amounts are due and unpaid under this GuaranteeGuarantee Agreement. If any amount shall be paid to the Guarantor in violation of the preceding sentence, the Guarantor agrees to hold such amount in trust for the Holders and to pay over such amount to the Holders.
Appears in 6 contracts
Samples: Guarantee Agreement (Heftel Capital Trust Ii), Guarantee Agreement (Vintage Petroleum Capital I), 4 Guarantee Agreement (Ubs Americas Inc)
Subrogation. The Guarantor shall be subrogated to all (rights, if any) rights , of the Holders of Capital Preferred Securities against the Issuer in respect of any amounts paid to such Holders by the Guarantor under this GuaranteeGuarantee Agreement; provided, however, that the Guarantor shall not (except to the extent required by applicable mandatory provisions of law) be entitled to enforce or exercise any right that rights which it may acquire by way of subrogation or any indemnity, reimbursement or other agreement, in all cases as a result of payment under this GuaranteeGuarantee Agreement, if, after giving effect to at the time of any such payment, any amounts are due and unpaid under this GuaranteeGuarantee Agreement. If any amount shall be paid to the Guarantor in violation of the preceding sentence, the Guarantor agrees to hold such amount in trust for the Holders and to pay over such amount to the Holders.
Appears in 6 contracts
Samples: Preferred Securities Guarantee Agreement (Bergen Brunswig Corp), Preferred Securities Guarantee Agreement (Occidental Petroleum Corp /De/), Preferred Securities Guarantee Agreement (Oxy Capital Trust Iii)
Subrogation. The Guarantor shall be subrogated to all rights (if any) rights of the Holders of Capital Securities against the Issuer Trust in respect of any amounts paid to such the Holders by the Guarantor under this GuaranteeGuarantee Agreement; provided, however, that the Guarantor shall not (except to the extent required by applicable mandatory provisions of law) be entitled to enforce or exercise any right that rights which it may acquire by way of subrogation or any indemnity, reimbursement or other agreement, in all cases as a result of payment under this GuaranteeGuarantee Agreement, if, after giving effect to at the time of any such payment, any amounts are due and unpaid under this GuaranteeGuarantee Agreement. If any amount shall be paid to the Guarantor in violation of the preceding sentence, the Guarantor agrees to hold such amount in trust for the Holders and to pay over such amount to the Holders.
Appears in 6 contracts
Samples: Guarantee Agreement (GE Capital Trust I), Guarantee Agreement (Metlife Inc), Guarantee Agreement (Metlife Inc)
Subrogation. The Guarantor shall be subrogated to all (if any) rights of the Holders of Capital Securities against the Issuer in respect of any amounts paid to such the Holders by the Guarantor under this Guarantee; Partnership Guarantee provided, however, that the Guarantor shall not (except to the extent required by applicable mandatory provisions of law) be entitled to enforce or exercise any right that rights which it may acquire by way of subrogation or any indemnity, reimbursement or other agreement, in all cases as a result of payment under this Partnership Guarantee, if, after giving effect to at the time of any such payment, any amounts are due and unpaid under this Partnership Guarantee. If any amount shall be paid to the Guarantor in violation of the preceding sentence, the Guarantor agrees to hold such amount in trust for the Holders and to pay over such amount to the Holders.
Appears in 5 contracts
Samples: Preferred Securities Guarantee Agreement (Merrill Lynch Preferred Capital Trust Ii), Partnership Preferred Securities Guarantee Agreement (Merrill Lynch Preferred Funding Vi L P), Partnership Preferred Securities Guarantee Agreement (Uds Funding Ii Lp)
Subrogation. The Guarantor shall be subrogated to all (if any) rights of the Holders of Capital Trust Preferred Securities against the Issuer Trust in respect of any amounts paid to such Holders by the Guarantor under this Guarantee; provided, however, that the Guarantor shall not (except to the extent required by applicable mandatory provisions of law) be entitled to enforce or exercise any right that it may acquire by way of subrogation or any indemnity, reimbursement or other agreement, in all cases as a result of payment under this Guarantee, if, after giving effect to if at the time of any such payment, any amounts are due and unpaid under this Guarantee. If any amount shall be paid to the Guarantor in violation of the preceding sentence, the Guarantor agrees to hold such amount in trust for the Holders and to pay over such amount to the Guarantee Trustee for the benefit of the Holders.
Appears in 5 contracts
Samples: Guarantee Agreement (Virginia Electric & Power Co), Trust Preferred Securities Guarantee Agreement (CSX Capital Trust 1), Trust Preferred Securities Guarantee Agreement (CSX Capital Trust 1)
Subrogation. The Guarantor shall be subrogated to all (rights, if any) rights , of the Holders of Capital Securities against the Issuer in respect of any amounts paid to such Holders by the Guarantor under this Capital Securities Guarantee; provided, however, that the Guarantor shall not (except to the extent required by applicable mandatory provisions of law) be entitled to enforce or exercise any right that it may acquire by way of subrogation or any indemnity, reimbursement or other agreement, in all cases as a result of payment under this Capital Securities Guarantee, if, after giving effect to at the time of any such payment, any amounts are due and unpaid under this Capital Securities Guarantee. If any amount shall be paid to the Guarantor in violation of the preceding sentence, the Guarantor agrees to hold such amount in trust for the Holders and to pay over such amount to the Holders.
Appears in 5 contracts
Samples: Securities Guarantee Agreement (Metlife Capital Trust I), Agreement (Metlife Capital Trust I), Guarantee Agreement (Prudential Financial Inc)
Subrogation. The Guarantor shall be subrogated to all (if any) rights of the Holders holder of Capital Securities any Security against the Issuer Company in respect of any amounts paid to such Holders holder by the Guarantor under pursuant to the provisions of this Guarantee; provided, however, that the Guarantor shall not (except to the extent required by applicable provisions of law) be entitled to enforce enforce, or exercise to receive any payments arising out of or based upon, such right that it may acquire by way of subrogation or any indemnity, reimbursement or other agreement, in all cases as a result of payment under this Guarantee, if, after giving effect to any such payment, any amounts are due and unpaid under this Guarantee. If any amount shall be paid to the Guarantor in violation of the preceding sentence, the Guarantor agrees to hold such amount in trust for the Holders and to pay over such amount to the Holders.
Appears in 5 contracts
Samples: Junior Subordinated Indenture (Capitalsource Inc), Junior Subordinated Indenture (Northstar Realty), Junior Subordinated Indenture (Mills Corp)
Subrogation. The Guarantor shall be subrogated to all (if any) rights of the Holders of Capital Securities against the Issuer Company in respect of any amounts paid to such the Holders by the Guarantor under this GuaranteeGuarantee and shall have the right to waive payment by the Company's subsidiaries pursuant to Section 11.01 hereof; provided, however, that the Guarantor shall not (except to the extent required by applicable mandatory provisions of law) be entitled to enforce or exercise any right that rights which it may acquire by way of subrogation or any indemnity, reimbursement or other agreement, in all cases as a result of payment under this Guarantee, if, after giving effect to any such until the prior payment, any amounts are due observance and unpaid under this Guaranteeperformance in full of the Guaranteed Obligations. If any amount shall be paid to the Guarantor in violation of the preceding sentence, the Guarantor agrees to hold such amount in trust for the Holders and to pay over such amount to the Holders.
Appears in 5 contracts
Samples: Heco Capital Trust Ii, Heco Capital Trust I, Hawaiian Electric Co Inc
Subrogation. The Guarantor shall be subrogated to all (rights, if any) rights , of the Holders of Capital Securities against the Issuer in respect of any amounts paid to such Holders by the Guarantor under this Guarantee; provided, however, that the Guarantor shall not (except to the extent required by applicable mandatory provisions of law) be entitled to enforce or exercise any right that it may acquire by way of subrogation or any indemnity, reimbursement or other agreement, in all cases as a result of payment under this Guarantee, if, after giving effect to at the time of any such payment, any amounts are due and unpaid under this Guarantee. If any amount shall be paid to the Guarantor in violation of the preceding sentence, the Guarantor agrees to hold such amount in trust for the Holders and to pay over such amount to the Holders.
Appears in 5 contracts
Samples: Guarantee Agreement (Ingersoll Rand Co), Form of Guarantee Agreement (KBHC Financing I), Guarantee Agreement (Kaufman & Broad Home Corp)
Subrogation. The Guarantor shall be subrogated to all (if any) rights of the Holders of Capital Securities against the Issuer in respect of any amounts paid to such Holders by the Guarantor under this Common Securities Guarantee; provided, however, that the Guarantor shall not (except to the extent required by applicable mandatory provisions of law) be entitled to enforce or exercise any right that it may acquire by way of subrogation or any indemnity, reimbursement or other agreement, in all cases as a result of payment under this Common Securities Guarantee, if, after giving effect to at the time of any such payment, any amounts are due and unpaid under this Common Securities Guarantee. If any amount shall be paid to the Guarantor in violation of the preceding sentence, the Guarantor agrees to hold such amount in trust for the Holders and to pay over such amount to the Holders.
Appears in 5 contracts
Samples: Common Securities Guarantee Agreement (Colonial Capital Trust Iv), Common Securities Guarantee Agreement (Laclede Capital Trust I), Common Securities Guarantee Agreement (Wellsford Real Properties Inc)
Subrogation. The Guarantor shall be subrogated to all (all, if any) , rights of the Holders of Capital Securities against the Issuer in respect of any amounts paid to such Holders by the Guarantor under this Guarantee; provided, however, that the Guarantor shall not (except to the extent required by applicable mandatory provisions of law) be entitled to enforce or exercise any right that it may acquire by way of subrogation or any indemnity, reimbursement or other agreement, in all cases as a result of payment under this Guarantee, if, after giving effect to at the time of any such payment, any amounts are due and unpaid under this Guarantee. If any amount shall be paid to the Guarantor in violation of the preceding sentence, the Guarantor agrees to hold such amount in trust for the Holders and to pay over such amount to the Guarantee Trustee for the benefit of the Holders.
Appears in 5 contracts
Samples: Guarantee Agreement (Washington Mutual Capital Trust 2001), Guarantee Agreement (Indymac Bancorp Inc), Guarantee Agreement (New York Community Bancorp Inc)
Subrogation. The Guarantor shall be subrogated to all (if any) rights of the Holders of Capital Securities against the Issuer Issuer, in respect of any amounts paid to such the Holders by the Guarantor under this GuaranteeGuarantee Agreement, and shall have the right to waive payment by the Issuer pursuant to Section 5.1; provided, however, that the Guarantor shall not (except to the extent required by applicable mandatory provisions of law) be entitled to enforce or exercise any right that rights which it may acquire against the Issuer by way of subrogation or any indemnity, reimbursement or other agreement, in all cases as a result of payment under this GuaranteeGuarantee Agreement, if, after giving effect to at the time of any such payment, any amounts are due and unpaid under this GuaranteeGuarantee Agreement. If any amount shall be paid to the Guarantor in violation of the preceding sentence, the Guarantor agrees to hold such amount in trust for the Holders and to pay over such amount to the Holders.
Appears in 4 contracts
Samples: Guarantee Agreement (Sce Trust I), Guarantee Agreement (Sce Trust I), Guarantee Agreement (Sce Trust I)
Subrogation. The Guarantor shall be subrogated to all (all, if any) , rights of the Holders of Capital Securities against the Issuer in respect of any amounts paid to such the Holders by the Guarantor under this GuaranteeGuarantee Agreement; provided, however, that the Guarantor shall not (except to the extent required by applicable mandatory provisions of law) be entitled to enforce or exercise any right that rights which it may acquire by way of subrogation or any indemnity, reimbursement or other agreement, in all cases as a result of payment under this GuaranteeGuarantee Agreement, if, after giving effect to at the time of any such payment, any amounts of Guarantee Payments are due and unpaid under this GuaranteeGuarantee Agreement. If any amount shall be paid to the Guarantor in violation of the preceding sentence, the Guarantor agrees to hold such amount in trust for the Holders and to pay over such amount to or for such Holder in accordance with the HoldersTrust Agreement.
Appears in 4 contracts
Samples: Preferred Trust Securities Guarantee Agreement (Florida Power & Light CO Trust II), Preferred Trust Securities Guarantee Agreement (FPL Group Inc), Preferred Trust Securities Guarantee Agreement (FPL Group Trust II)
Subrogation. The Guarantor shall be subrogated to all (if any) rights of the Holders of Capital Securities against the Issuer Trust in respect of any amounts paid to such Holders by the Guarantor under this Guarantee; provided, however, that the Guarantor shall not (except to the extent required by applicable mandatory provisions of law) be entitled to enforce or exercise any right that it may acquire by way of subrogation or any indemnity, reimbursement or other agreement, in all cases as a result of payment under this Guarantee, if, after giving effect to if at the time of any such payment, any amounts are due and unpaid under this Guarantee. If any amount shall be paid to the Guarantor in violation of the preceding sentence, the Guarantor agrees to hold such amount in trust for the Holders and to pay over such amount to the Guarantee Trustee for the benefit of the Holders.
Appears in 4 contracts
Samples: Guarantee Agreement (Omnicare Capital Trust Iii), Guarantee Agreement (Nextel Communications Inc), Guarantee Agreement (NCS of Illinois Inc)
Subrogation. The Guarantor shall be subrogated to all (if any) rights of the Holders of Capital Securities against the Issuer Trust in respect of any amounts paid to such the Holders by the Guarantor under this GuaranteeGuarantee Agreement; provided, however, that the Guarantor shall not (except to the extent required by applicable mandatory provisions of law) be entitled to enforce or exercise any right that rights which it may acquire by way of subrogation or any indemnity, reimbursement or other agreement, in all cases as a result of payment under this GuaranteeGuarantee Agreement, if, after giving effect to at the time of any such payment, any amounts are due and unpaid under this GuaranteeGuarantee Agreement. If any amount shall be paid to the Guarantor in violation of the preceding sentence, the Guarantor agrees to hold such amount in trust for the Holders and to pay over such amount to the Holders.
Appears in 4 contracts
Samples: Guarantee Agreement (Time Warner Inc), Guarantee Agreement (First American Financial Corp), Guarantee Agreement (Time Warner Inc)
Subrogation. The Guarantor shall be subrogated to all (if any) ----------- rights of the Holders of Capital Securities against the Issuer in respect of any amounts paid to such Holders by the Guarantor under this Guarantee; provided, -------- however, that the Guarantor shall not (except to the extent required by applicable ------- mandatory provisions of law) be entitled to enforce or exercise any right that it may acquire by way of subrogation or any indemnity, reimbursement or other agreement, in all cases as a result of payment under this Guarantee, if, after giving effect to any such payment, any amounts are due and unpaid under this Guarantee. If any amount shall be paid to the Guarantor in violation of the preceding sentence, the Guarantor agrees to hold such amount in trust for the Holders and to pay over such amount to the Holders.
Appears in 4 contracts
Samples: Guarantee Agreement (Florida Banks Inc), Guarantee Agreement (New South Bancshares Inc), Guarantee Agreement (Prosperity Bancshares Inc)
Subrogation. The Guarantor shall be subrogated to all (if any) rights of the Holders Holder of Capital Securities any Security against the Issuer Company in respect of any amounts paid to such Holders Holder by the Guarantor under pursuant to the provisions of this Guarantee; provided, however, that the Guarantor shall not (except to the extent required by applicable provisions of law) be entitled to enforce enforce, or exercise to receive any payments arising out of or based upon, such right that it may acquire by way of subrogation or any indemnity, reimbursement or other agreement, in all cases as a result of payment under this Guarantee, if, after giving effect to any such payment, any amounts are due and unpaid under this Guarantee. If any amount shall be paid to the Guarantor in violation of the preceding sentence, the Guarantor agrees to hold such amount in trust for the Holders and to pay over such amount to the Holders.
Appears in 4 contracts
Samples: Junior Subordinated Indenture (Northstar Realty), Junior Subordinated Indenture (Northstar Realty), Junior Subordinated Indenture (Northstar Realty)
Subrogation. The Guarantor shall be subrogated to all (if any) rights of the Holders of Capital Securities against the Issuer in respect of any amounts paid to such the Holders by the Guarantor under this GuaranteeGuarantee Agreement; provided, however, that the Guarantor shall not (except to the extent required by applicable mandatory provisions of law) be entitled to enforce or exercise any right that rights which it may acquire by way of subrogation or any indemnity, reimbursement or other agreement, in all cases as a result of payment under this GuaranteeGuarantee Agreement, if, after giving effect to at the time of any such payment, any amounts are due and unpaid under this GuaranteeGuarantee Agreement. If any amount shall be paid to the Guarantor in violation of the preceding sentence, the Guarantor agrees to hold such amount in trust for the applicable Holders and to pay over such amount to or for the applicable Holders.
Appears in 4 contracts
Samples: Preferred Stock Guarantee Agreement (Florida Power & Light Co), Preferred Shares Guarantee Agreement (Accredited Home Lenders Holding Co), Preferred Shares Guarantee Agreement (Accredited Home Lenders Holding Co)
Subrogation. The Guarantor shall be subrogated to all (if any) rights of the Holders of Capital Securities against the Issuer in respect of any amounts paid to such Holders by the Guarantor under this Guarantee; provided, however, that the Guarantor shall not (except to the extent required by applicable provisions of law) be entitled to enforce or exercise any right that it may acquire by way of subrogation or any indemnity, reimbursement or other agreement, in all cases as a result of payment under this Guarantee, if, after giving effect to any such payment, any amounts are due and unpaid under this Guarantee. If any amount shall be paid to the Guarantor in violation of the preceding sentence, the Guarantor agrees to hold such amount in trust for the Holders and to pay over such amount to the Holders.
Appears in 4 contracts
Samples: Guarantee Agreement (Virginia Commerce Bancorp Inc), Guarantee Agreement (Southwest Bancorp Inc), Guarantee Agreement (AmericanWest Capital Trust IV)
Subrogation. The Guarantor shall be subrogated to all (if any) rights of the Holders of Capital Securities against the Issuer in respect of any amounts paid to such Holders by the Guarantor under this Capital Securities Guarantee; provided, however, that the Guarantor shall not (except to the extent required by applicable mandatory provisions of law) be entitled to enforce or exercise any right that it may acquire by way of subrogation or any indemnity, reimbursement or other agreement, in all cases as a result of payment under this Capital Securities Guarantee, if, after giving effect to at the time of any such payment, any amounts are due and unpaid under this Capital Securities Guarantee. If any amount shall be paid to the Guarantor in violation of the preceding sentence, the Guarantor agrees to hold such amount in trust for the Holders and to pay over such amount to the Holders.. 13
Appears in 4 contracts
Samples: Capital Securities Guarantee Agreement (Bank of America Corp /De/), Capital Securities Guarantee Agreement (Bank of America Corp /De/), Capital Securities Guarantee Agreement (Bank of America Corp /De/)
Subrogation. The Guarantor shall be subrogated to all ----------- (if any) rights of the Holders of Capital Securities against the Issuer in respect of any amounts paid to such Holders by the Guarantor under this Guarantee; provided, however, that the Guarantor shall not (except to the extent -------- ------- required by applicable mandatory provisions of law) be entitled to enforce or exercise any right that it may acquire by way of subrogation or any indemnity, reimbursement or other agreement, in all cases as a result of payment under this Guarantee, if, after giving effect to any such payment, any amounts are due and unpaid under this Guarantee. If any amount shall be paid to the Guarantor in violation of the preceding sentence, the Guarantor agrees to hold such amount in trust for the Holders and to pay over such amount to the Holders.
Appears in 4 contracts
Samples: Guarantee Agreement (Community Capital Bancshares Inc), Agreement (First Banks, Inc), Guarantee Agreement (First Banks, Inc)
Subrogation. The Guarantor shall be subrogated to all (if any) rights of the Holders of Capital Securities against the Issuer in respect of any amounts paid to such Holders by the Guarantor under this Guarantee; providedPROVIDED, howeverHOWEVER, that the Guarantor shall not (except to the extent required by applicable mandatory provisions of law) be entitled to enforce or exercise any right that it may acquire by way of subrogation or any indemnity, reimbursement or other agreement, in all cases as a result of payment under this Guarantee, if, after giving effect to any such payment, any amounts are due and unpaid under this Guarantee. If any amount shall be paid to the Guarantor in violation of the preceding sentence, the Guarantor agrees to hold such amount in trust for the Holders and to pay over such amount to the Holders.
Appears in 4 contracts
Samples: Guarantee Agreement (First Community Bancorp /Ca/), Guarantee Agreement (Carver Bancorp Inc), Guarantee Agreement (Bancinsurance Corp)
Subrogation. The Guarantor shall be subrogated to all (if any) rights of the Holders of Capital Securities against the Issuer Trust in respect of any amounts paid to such Holders by the Guarantor under this Guarantee; provided, however, that the Guarantor shall not (except to the extent required by applicable mandatory provisions of law) be entitled to enforce or exercise any right that it may acquire by way of subrogation or any indemnity, reimbursement or other agreement, in all cases as a result of payment under this Guarantee, if, after giving effect to at the time of any such payment, any amounts are due and unpaid under this Guarantee. If any amount shall be paid to the Guarantor in violation of the preceding sentence, the Guarantor agrees to hold such amount in trust for the Holders and to pay over such amount to the Guarantee Trustee for the benefit of the Holders.
Appears in 3 contracts
Samples: Guarantee Agreement (Omnicare Inc), Guarantee Agreement (Omnicare Capital Trust Ii), Guarantee Agreement (Omnicare Inc)
Subrogation. The Guarantor shall be subrogated to all (if any) rights of the Holders of Capital Securities against the Issuer in respect of any amounts paid to such the Holders by the Guarantor under this GuaranteeGuarantee Agreement; provided, however, that the Guarantor shall not (except to the extent required by applicable mandatory provisions of law) be entitled to enforce or exercise any right that it may acquire by way of subrogation or any indemnity, reimbursement or other agreement, in all cases as a result of payment under this GuaranteeGuarantee Agreement, if, after giving effect to at the time of any such payment, any amounts are due and unpaid under this GuaranteeGuarantee Agreement. If any amount shall be paid to the Guarantor in violation of the preceding sentence, the Guarantor agrees to hold such amount in trust for the Holders and to pay over such amount to the Holders.
Appears in 3 contracts
Samples: Guarantee Agreement (Radian Group Capital Trust II), Guarantee Agreement (Harleysville Group Inc), Guarantee Agreement (Rli Corp)
Subrogation. The Guarantor shall be subrogated to all rights (if any) rights of the Holders of Capital Securities against the Issuer Trust in respect of any amounts paid to such the Holders by the Guarantor under this GuaranteeGuarantee Agreement; provided, however, that the Guarantor shall not (except to the extent required by applicable mandatory provisions of law) be entitled to enforce or exercise any right that rights which it may acquire by way of subrogation or any indemnity, reimbursement or other agreement, in all cases as a result of payment under this GuaranteeGuarantee Agreement, if, after giving effect to at the time of any such payment, any amounts are due and unpaid under this GuaranteeGuarantee Agreement. If any amount shall be paid to the Guarantor in violation of the preceding sentence, the Guarantor agrees to hold such the amount in trust for the Holders and to pay over such amount to the Holders.
Appears in 3 contracts
Samples: Guarantee Agreement (Scana Corp), Guarantee Agreement (Sea Pines Associates Inc), Guarantee Agreement (Scana Corp)
Subrogation. The Guarantor shall be subrogated to all (the rights, if any) rights , of the Holders of Capital the Securities against the Issuer in with respect of to any amounts paid to such Holders by the Guarantor under this Guarantee; provided, however, that the Guarantor shall not (except to the extent required by applicable mandatory provisions of law) be entitled to enforce or exercise any right that it may acquire by way of subrogation or any indemnity, reimbursement or other agreement, in all cases as a result of payment under this Guarantee, if, after giving effect to at the time of any such payment, any amounts are due and unpaid under this Guarantee. If any amount shall be paid to the Guarantor in violation of the preceding sentence, the Guarantor agrees to hold such amount in trust for the Holders of the Securities and to pay over such amount to the such Holders.
Appears in 3 contracts
Samples: Guarantee Agreement (Ucu Capital Trust I), Guarantee Agreement (Nipsco Capital Trust I), Guarantee Agreement (Ucu Capital Trust I)
Subrogation. The Guarantor shall be subrogated to all (if any) rights of the Holders of Capital Securities against the Issuer in respect of any amounts paid to such the Holders by the Guarantor under this GuaranteeGuarantee Agreement; provided, however, that the Guarantor shall not (except to the extent required by applicable mandatory provisions of law) be entitled to enforce or exercise any right that rights which it may acquire by way of subrogation or any indemnity, reimbursement or other agreement, in all cases as a result of payment under this GuaranteeGuarantee Agreement, if, after giving effect to at the time of any such payment, any amounts are due and unpaid under this GuaranteeGuarantee Agreement. If any amount shall be paid to the Guarantor in violation of the preceding sentence, the Guarantor agrees to hold such amount in trust for the Holders and to pay over such amount to the Holders.
Appears in 3 contracts
Samples: Guarantee Agreement (Ual Corp /De/), Guarantee Agreement (Ual Corp Capital Trust I), Guarantee Agreement (Ual Corp /De/)
Subrogation. The Guarantor shall be subrogated to all (if any) rights of the Holders of Capital Securities against the Issuer Trust in respect of any amounts paid to such Holders by the Guarantor under this Guarantee; provided, however, that the Guarantor shall not (except to the extent required by applicable mandatory provisions of law) be entitled to enforce or exercise any right that it may acquire by way of subrogation or any indemnity, reimbursement or other agreement, in all cases as a result of payment under this Guarantee, if, after giving effect to if at the time of any such payment, any amounts are due and unpaid under this Guarantee. If any amount shall be paid to the Guarantor in violation of the preceding sentence, the Guarantor agrees to hold such amount in trust for the Holders and to pay over such amount to the Guarantee Trustee for the benefit of the Holders.
Appears in 3 contracts
Samples: Capital Securities Guarantee Agreement (Dominion Resources Capital Trust Iv), Securities Guarantee Agreement (Energy East Capital Trust Ii), Capital Securities Guarantee Agreement (Dominion Resources Inc /Va/)
Subrogation. The Guarantor shall be subrogated to all rights (if any) rights of the Holders of Capital Securities against the Issuer Trust in respect of any amounts paid to such the Holders by the Guarantor under this GuaranteeGuarantee Agreement; provided, however, that the Guarantor shall not (except to the extent required by applicable mandatory provisions of law) be entitled to enforce or exercise any right that rights which it may acquire by way of subrogation or any indemnity, reimbursement or other agreement, in all cases as a result of payment under this GuaranteeGuarantee Agreement, if, after giving effect to if at the time of any such payment, any amounts are due and unpaid under this GuaranteeGuarantee Agreement. If any amount shall be paid to the Guarantor in violation of the preceding sentence, the Guarantor agrees to hold such amount in trust for the Holders and to pay over such amount to the Holders.
Appears in 3 contracts
Samples: Form of Guarantee Agreement (Great Plains Energy Inc), Guarantee Agreement (Cp&l Energy Inc), Guarantee Agreement (Great Plains Energy Inc)
Subrogation. The Guarantor shall be subrogated to all (if any) rights of the Holders of the Debentures and the Capital Securities against the Issuer Company in respect of any amounts paid to such Holders by the Guarantor under this Guarantee; provided, however, that the Guarantor shall not (except to the extent required by applicable provisions of law) be entitled to enforce or exercise any right that it may acquire by way of subrogation or any indemnity, reimbursement or other agreement, in all cases as a result of payment under this Guarantee, if, after giving effect to any such payment, any amounts are due and unpaid under this Guarantee. If any amount shall be paid to the Guarantor in violation of the preceding sentence, the Guarantor agrees to hold such amount in trust for the Holders and to pay over such amount to the Holders.
Appears in 3 contracts
Samples: Parent Guarantee Agreement (CastlePoint Holdings, Ltd.), Parent Guarantee Agreement (CastlePoint Holdings, Ltd.), Parent Guarantee Agreement (American Safety Insurance Holdings LTD)
Subrogation. The Guarantor shall be subrogated to all (if any) rights of the Holders of Capital Securities against the Issuer in respect of any amounts paid to such Holders by the Guarantor under this Guarantee; provided, however, that the Guarantor shall not (except to the extent required by applicable provisions of law) be entitled to enforce or exercise any right that it may acquire by way of subrogation or any indemnity, reimbursement or other agreement, in all cases as a result of payment under this Guarantee, if, after giving effect to any such payment, any amounts are due and unpaid under this Guarantee. If any amount shall be paid to the Guarantor in violation of the preceding sentence, the Guarantor agrees to hold such amount in trust for the Holders and to pay over such amount to the Holders.. 11
Appears in 3 contracts
Samples: Guarantee Agreement (Southern Michigan Bancorp Inc), Guarantee Agreement (PFF Bancorp Inc), Guarantee Agreement (Southern Michigan Bancorp Inc)
Subrogation. The Guarantor shall be subrogated to all (if any) rights of the Holders of Capital Securities against the Issuer in respect of any amounts paid to such the Holders by the Guarantor under this GuaranteeGuarantee Agreement; providedPROVIDED, howeverHOWEVER, that the Guarantor shall not (except to the extent required by applicable mandatory provisions of law) be entitled to enforce or exercise any right that rights which it may acquire by way of subrogation or any indemnity, reimbursement or other agreement, in all cases as a result of payment under this GuaranteeGuarantee Agreement, if, after giving effect to at the time of any such payment, any amounts are due and unpaid under this GuaranteeGuarantee Agreement. If any amount shall be paid to the Guarantor in violation of the preceding sentence, the Guarantor agrees to hold such amount in trust for the Holders and to pay over such amount to the Holders or to the Guarantee Trustee for remittance to the Holders.
Appears in 3 contracts
Samples: Guarantee Agreement (Marathon Financing Trust I), Guarantee Agreement (Cinergy Corp), Guarantee Agreement (Cc Funding Trust Ii)
Subrogation. The Guarantor shall be subrogated to all (if any) rights of the Holders of Capital Securities against the Issuer Trust in respect of any amounts paid to such Holders by the Guarantor under this Guarantee; provided, however, that the Guarantor shall not (except to the extent required by applicable mandatory provisions of law) be entitled to enforce or exercise any right that it may acquire by way of subrogation or any indemnity, reimbursement or other agreement, in all cases as a result of payment under this Guarantee, if, after giving effect to if at the time of any such payment, payment any amounts are due and unpaid under this Guarantee. If any amount shall be paid to the Guarantor in violation of the preceding sentence, the Guarantor agrees to hold such amount in trust for the Holders and to pay over such amount to the Guarantee Trustee for the benefit of the Holders.
Appears in 2 contracts
Samples: Guarantee Agreement (Ocwen Capital Trust I), Guarantee Agreement (Great West Life & Annuity Insurance Capital I)
Subrogation. The Guarantor shall be subrogated to all (if any) rights of the Holders of Capital Securities against the Issuer in respect of any amounts paid to such Holders by the Guarantor under this Capital Securities Guarantee; provided, however, that the Guarantor shall not (except to the extent required by applicable mandatory provisions of law) be entitled to enforce or exercise any right that it may acquire by way of subrogation or any indemnity, reimbursement or other agreement, in all cases as a result of payment under this Capital Securities Guarantee, if, after giving effect to at the time of any such payment, any amounts are due and unpaid under this Capital Securities Guarantee. If any amount shall be paid to the Guarantor in violation of the preceding sentence, the Guarantor agrees to hold such amount in trust for the Holders and to pay over such amount to the Holders.
Appears in 2 contracts
Samples: Capital Securities Guarantee Agreement (Life Financial Capital Trust), Capital Securities Guarantee Agreement (New York Bancorp Capital Trust)
Subrogation. The Guarantor shall be subrogated to all (rights, if any) rights , of the Holders of Capital Common Securities against the Issuer in respect of any amounts paid to such Holders by the Guarantor under this GuaranteeGuarantee Agreement; provided, however, that the Guarantor shall not (except to the extent required by applicable mandatory provisions of law) be entitled to enforce or exercise any right that rights which it may acquire by way of subrogation or any indemnity, reimbursement or other agreement, in all cases as a result of payment under this GuaranteeGuarantee Agreement, if, after giving effect to at the time of any such payment, any amounts are due and unpaid under this GuaranteeGuarantee Agreement. If any amount shall be paid to the Guarantor in violation of the preceding sentence, the Guarantor agrees to hold such amount in trust for the Holders and to pay over such amount to the Holders.
Appears in 2 contracts
Samples: Common Securities Guarantee Agreement (Bergen Brunswig Corp), Common Securities Guarantee Agreement (Bergen Brunswig Corp)
Subrogation. The Guarantor shall be subrogated to all (if any) rights of the Holders of Capital Securities against the Issuer in respect of any amounts paid to such the Holders by the Guarantor under this GuaranteeGuarantee Agreement; provided, however, that the Guarantor shall not (except to the extent required by applicable mandatory provisions of law) be entitled to enforce or exercise any right that rights which it may acquire by way of subrogation or any indemnity, reimbursement or other agreement, in all cases as a result of payment under this GuaranteeGuarantee Agreement, if, after giving effect to at the time of any such payment, any amounts are due and unpaid under this GuaranteeGuarantee Agreement. If any amount shall be paid to the Guarantor in violation of the preceding sentence, the Guarantor agrees agree to hold such amount in trust for the Holders and to pay over such amount to the Holders.
Appears in 2 contracts
Samples: Guarantee Agreement (RJR Nabisco Holdings Capital Trust Vi), Guarantee Agreement (RJR Nabisco Holdings Capital Trust Ii)
Subrogation. The Guarantor shall be subrogated to all (if ----------- any) rights of the Holders of Capital Securities against the Issuer in respect of any amounts paid to such Holders by the Guarantor under this Guarantee; provided, however, that the Guarantor shall not (except to the extent required by applicable mandatory provisions of law) be entitled to enforce or exercise any right that it may acquire by way of subrogation or any indemnity, reimbursement or other agreement, in all cases as a result of payment under this Guarantee, if, after giving effect to any such payment, any amounts are due and unpaid under this Guarantee. If any amount shall be paid to the Guarantor in violation of the preceding sentence, the Guarantor agrees to hold such amount in trust for the Holders and to pay over such amount to the Holders.
Appears in 2 contracts
Samples: Guarantee Agreement (Parke Bancorp, Inc.), Guarantee Agreement (Gateway Bancshares Inc /Ga/)
Subrogation. The Guarantor shall be subrogated to all rights (if any) rights of the Holders of Capital Securities against the Issuer in respect of any amounts paid to such the Holders by the Guarantor under this GuaranteeGuarantee Agreement; provided, however, that the Guarantor shall not (except to the extent required by applicable mandatory provisions of law) be entitled to enforce or exercise any right that rights which it may acquire by way of subrogation or any indemnity, reimbursement or other agreement, in all cases as a result of payment under this GuaranteeGuarantee Agreement, if, after giving effect to at the time of any such payment, any amounts are due and unpaid under this GuaranteeGuarantee Agreement. If any amount shall be paid to the Guarantor in violation of the preceding sentence, the Guarantor agrees to hold such amount in trust for the Holders and to pay over such amount to the Holders.
Appears in 2 contracts
Samples: Guarantee Agreement (Pennsylvania Power & Light Co /Pa), Guarantee Agreement (Pennsylvania Power & Light Co /Pa)
Subrogation. The Guarantor shall be subrogated to all (if any) rights of the Holders of Capital Trust Securities against the Issuer Trust in respect of any amounts paid to such Holders by the Guarantor under this Trust Guarantee; provided, however, that the Guarantor shall not (except to the extent required by applicable mandatory provisions of law) be entitled to enforce or exercise any right that it may acquire by way of subrogation or any indemnity, reimbursement or other agreement, in all cases as a result of payment under this Trust Guarantee, if, after giving effect to at the time of any such payment, any amounts are due and unpaid under this Trust Guarantee. If any amount shall be paid to the Guarantor in violation of the preceding sentence, the Guarantor agrees to hold such amount in trust for the Holders and to pay over such amount to the Trust Guarantee Trustee for the benefit of the Holders.
Appears in 2 contracts
Samples: Trust Guarantee Agreement (Capmark Finance Inc.), Trust Guarantee Agreement (Lehman Brothers Holdings E-Capital Trust I)
Subrogation. The Guarantor shall be subrogated to all (if ----------- any) rights of the Holders of Capital Securities against the Issuer in respect of any amounts paid to such Holders by the Guarantor under this Guarantee; provided, however, that the Guarantor shall not (except to the extent required -------- by applicable mandatory provisions of law) be entitled to enforce or exercise any right that it may acquire by way of subrogation or any indemnity, reimbursement or other agreement, in all cases as a result of payment under this Guarantee, if, after giving effect to any such payment, any amounts are due and unpaid under this Guarantee. If any amount shall be paid to the Guarantor in violation of the preceding sentence, the Guarantor agrees to hold such amount in trust for the Holders and to pay over such amount to the Holders.
Appears in 2 contracts
Samples: Guarantee Agreement (Nicolet Bankshares Inc), Guarantee Agreement (Nicolet Bankshares Inc)
Subrogation. The Guarantor shall be subrogated to all (if any) rights of the Holders of Capital Securities against the Issuer Trust in respect of any amounts paid to such Holders by the Guarantor under this Guarantee; provided, however, that the Guarantor shall not (except to the extent required by applicable mandatory provisions of law) be entitled to enforce or exercise any right that it may acquire by way of subrogation or any indemnity, reimbursement or other agreement, in all cases as a result of payment under this Guarantee, if, after giving effect to at the time of any such payment, any amounts are due and unpaid under this Guarantee. If any amount shall be paid to the Guarantor in violation of the preceding sentence, the Guarantor agrees to hold such amount in trust for the Holders and to pay over such amount to the Guarantee Trustee for the benefit of the Holders.
Appears in 2 contracts
Samples: Guarantee Agreement (Weyerhaeuser Co), Guarantee Agreement (Weyerhaeuser Co)
Subrogation. The Guarantor shall be subrogated to all (if any) rights of the Holders of Capital Trust Securities against the Issuer Trust in respect of any amounts paid to such Holders by the Guarantor under this Guarantee; provided, however, that the Guarantor shall not (except to the extent required by applicable mandatory provisions of law) be entitled to enforce or exercise any right that it may acquire by way of subrogation or any indemnity, reimbursement or other agreement, in all cases as a result of payment under this Guarantee, if, after giving effect to at the time of any such payment, any amounts are due and unpaid under this Guarantee. If any amount shall be paid to the Guarantor in violation of the preceding sentence, the Guarantor agrees to hold such amount in trust for the Holders and to pay over such amount to the Guarantee Trustee for the benefit of the Holders.
Appears in 2 contracts
Samples: Guarantee Agreement (Lehman Brothers Holdings Inc), Guarantee Agreement (Lehman Brothers Holdings Inc)
Subrogation. The Guarantor shall be subrogated to all (if any) rights of the Holders of Capital Securities against the Issuer Trust in respect of any amounts paid to such the Holders by the Guarantor under this GuaranteeGuarantee Agreement; provided, however, that the Guarantor shall not (except to the extent required by applicable mandatory provisions of law) be entitled to enforce or exercise any right rights that it may acquire by way of subrogation or any indemnity, reimbursement or other agreement, in all cases as a result of payment under this GuaranteeGuarantee Agreement, if, after giving effect to at the time of any such payment, any amounts of Guarantee Payments are due and unpaid under this GuaranteeGuarantee Agreement. If any amount shall be paid to the Guarantor in violation of the preceding sentence, the Guarantor agrees to hold such amount in trust for the Holders and to pay over such amount to the Holders.
Appears in 2 contracts
Samples: Guarantee Agreement (Southern Energy Inc), Guarantee Agreement (Sei Trust I)
Subrogation. The Guarantor shall be subrogated to all (if ----------- any) rights of the Holders of Capital Securities against the Issuer Trust in respect of any amounts paid to such the Holders by the Guarantor under this GuaranteeGuarantee Agreement; provided, however, that the Guarantor shall not (except to the extent required by applicable mandatory provisions of law) be entitled to enforce or exercise any right that rights which it may acquire by way of subrogation or any indemnity, reimbursement or other agreement, in all cases as a result of payment under this GuaranteeGuarantee Agreement, if, after giving effect to at the time of any such payment, any amounts of Guarantee Payments are due and unpaid under this GuaranteeGuarantee Agreement. If any amount shall be paid to the Guarantor in violation of the preceding sentence, the Guarantor agrees to hold such amount in trust for the Holders and to pay over such amount to the Holders.
Appears in 2 contracts
Samples: Guarantee Agreement (Duke Energy Capital Trust Ii), Guarantee Agreement (Duke Capital Financing Trust Iii)
Subrogation. The Guarantor shall be subrogated to all (if any) rights of the Holders of Capital Securities against the Issuer in respect of any amounts paid to such Holders by the Guarantor under this GuaranteeGuarantee and shall have the right to waive payment by the Issuer pursuant to Section 5.01; providedPROVIDED, howeverHOWEVER, that the Guarantor shall not (except to the extent required by applicable mandatory provisions of law) be entitled to enforce or exercise any right that it may acquire by way of subrogation or any indemnity, reimbursement or other agreement, in all cases as a result of payment under this Guarantee, if, after giving effect to at the time of any such payment, any amounts are due and unpaid under this Guarantee. If any amount shall be paid to the Guarantor in violation of the preceding sentence, the Guarantor agrees to hold such amount in trust for the Holders and to pay over such amount to the Holders.
Appears in 2 contracts
Samples: Preferred Securities Guarantee (Chemed Capital Trust), Preferred Securities Guarantee (Chemed Corp)
Subrogation. The Guarantor shall be subrogated to all (if any) rights of the Holders of Capital Securities against the Issuer in respect of any amounts paid to such Holders by the Guarantor under this GuaranteeGuarantee Agreement; provided, however, that the Guarantor shall not (except to the extent required by applicable mandatory provisions of law) be entitled to enforce or exercise any right that it may acquire by way of subrogation or any indemnity, reimbursement or other agreement, in all cases as a result of payment under this GuaranteeGuarantee Agreement, if, after giving effect to at the time of any such payment, any amounts are due and unpaid under this GuaranteeGuarantee Agreement. If any amount shall be paid to the Guarantor in violation of the preceding sentence, the Guarantor agrees to hold such amount in trust for the Holders and to pay over such amount to the Holders.
Appears in 2 contracts
Samples: Guarantee Agreement (Gastar Exploration USA, Inc.), Guarantee Agreement (Gastar Exploration USA, Inc.)
Subrogation. The Guarantor shall be subrogated to all (rights, if any) rights , of the Holders of Capital Securities against the Issuer in respect of any amounts paid to such Holders by the Guarantor under this GuaranteeGuarantee Agreement; provided, however, that the Guarantor shall not (except to the extent required by applicable mandatory provisions of law) be entitled to enforce or exercise any right that it may acquire by way of subrogation or any indemnity, reimbursement or other agreement, in all cases as a result of payment under this GuaranteeGuarantee Agreement, if, after giving effect to at the time of any such payment, any amounts are due and unpaid under this GuaranteeGuarantee Agreement. If any amount shall be paid to the Guarantor in violation of the preceding sentence, the Guarantor agrees to hold such amount in trust for the Holders and to pay over such amount to the Holders.
Appears in 2 contracts
Samples: Preferred Securities Guarantee Agreement (MRM Capital Trust Iii), Guarantee Agreement (MRM Capital Trust Iii)
Subrogation. The Guarantor shall be subrogated to all (if any) rights of the Holders of Capital Preferred Securities against the Issuer in respect of any amounts paid to such Holders by the Guarantor under this Guarantee; provided, however, that the Guarantor shall not (except to the extent required by applicable mandatory provisions of law) be entitled to enforce or exercise any right that it may acquire by way of subrogation or any indemnity, reimbursement or other agreement, in all cases as a result of payment under this Guarantee, if, after giving effect to at the time of any such payment, any amounts are due and unpaid under this Guarantee. If any amount shall be paid to the Guarantor in violation of the preceding sentence, the Guarantor agrees to hold such amount in trust for the Holders and to pay over such amount to the Holders.
Appears in 2 contracts
Samples: Guarantee Agreement (Waccamaw Bankshares Inc), Guarantee Agreement (Nexity Financial Corp)
Subrogation. The Guarantor shall be subrogated to all rights (if any) rights of the Holders of Capital Securities against the Issuer Trust in respect of any amounts paid to such the Holders by the Guarantor under this GuaranteeHITS Guarantee Agreement; provided, however, provided that the Guarantor shall not (except to the extent required by applicable mandatory provisions of law) be entitled to enforce or exercise any right rights that it may acquire by way of subrogation or any indemnity, reimbursement or other agreement, in all cases as a result of payment under this GuaranteeHITS Guarantee Agreement, if, after giving effect to at the time of any such payment, any amounts are due and unpaid under this GuaranteeHITS Guarantee Agreement. If any amount shall be paid to the Guarantor in violation of the preceding sentence, the Guarantor agrees to hold such amount in trust for the Holders and to pay over such amount to the Holders.
Appears in 2 contracts
Samples: Hits Guarantee Agreement (Bank of America Corp /De/), Hits Guarantee Agreement (Bank of America Corp /De/)
Subrogation. The Guarantor shall be subrogated to all (if any) rights of the Holders of Capital Securities against the Issuer in respect of any amounts paid to such Holders by the Guarantor under this Guarantee; provided, however, that the Guarantor shall not (except to the extent required by applicable mandatory provisions of law) be entitled to enforce or exercise any right that it may acquire by way of subrogation or any indemnity, reimbursement or other agreement, in all cases as a result of payment under this Guarantee, if, after giving effect to any such payment, any amounts are due and unpaid under this Guarantee. If any amount shall be paid to the Guarantor in violation of the preceding sentence, the Guarantor agrees to hold such amount in trust for the Holders and to pay over such amount to the Holders.,
Appears in 2 contracts
Samples: Guarantee Agreement (Commercial Capital Bancorp Inc), Guarantee Agreement (Southcoast Financial Corp)
Subrogation. The Guarantor shall be subrogated to all (if any) rights of the Holders of Capital Trust Preferred Securities against the Issuer Trust in respect of any amounts paid to such Holders by the Guarantor under this Trust Guarantee; provided, however, that the Guarantor shall not (except to the extent required by applicable mandatory provisions of law) be entitled to enforce or exercise any right that it may acquire by way of subrogation or any indemnity, reimbursement or other agreement, in all cases as a result of payment under this Trust Guarantee, if, after giving effect to at the time of any such payment, any amounts are due and unpaid under this Trust Guarantee. If any amount shall be paid to the Guarantor in violation of the preceding sentence, the Guarantor agrees to hold such amount in trust for the Holders and to pay over such amount to the Holders.
Appears in 2 contracts
Samples: Trust Preferred Securities Guarantee Agreement (Hawaiian Electric Industries Capital Trust Ii), Trust Preferred Securities Guarantee Agreement (Hawaiian Electric Industries Inc)
Subrogation. The Guarantor shall be subrogated to all (if any) rights of the Holders of Capital Securities against the Issuer Trust in respect of any amounts paid to such the Holders by the Guarantor under this GuaranteeGuarantee Agreement; provided, however, that the Guarantor shall not (except to the extent required by applicable mandatory provisions of law) be entitled to enforce or exercise any right that rights which it may acquire by way of subrogation or any indemnity, reimbursement or other agreement, in all cases as a result of payment under this GuaranteeGuarantee Agreement, if, after giving effect to at the time of any such payment, any amounts of Guarantee Payments are due and unpaid under this GuaranteeGuarantee Agreement. If any amount shall be paid to the Guarantor in violation of the preceding sentence, the Guarantor agrees to hold such amount in trust for the Holders and to pay over such amount to the Holders.10
Appears in 2 contracts
Samples: Guarantee Agreement (Duke Energy Capital Trust Iii), Guarantee Agreement (Duke Capital Financing Trust V)
Subrogation. The Guarantor shall be subrogated to all (if any) rights of the Holders of Capital Securities against the Issuer in respect of any amounts paid to such Holders by the Guarantor under this GuaranteeGuarantee Agreement; provided, however, that the Guarantor shall not (except to the extent required by applicable mandatory provisions of law) be entitled to enforce or exercise any right that it may acquire by way of subrogation or any indemnity, indemnity reimbursement or other agreement, in all cases as a result of payment under this GuaranteeGuarantee Agreement, if, after giving effect to at the time of any such payment, any amounts are due and unpaid under this GuaranteeGuarantee Agreement. If any amount shall be paid to the Guarantor in violation of the preceding sentence, the Guarantor agrees to hold such amount in trust for the Holders and to pay over such amount to the Holders.
Appears in 2 contracts
Samples: Capital Securities Guarantee Agreement (Great Western Financial Corp), Capital Securities Guarantee Agreement (Great Western Financial Trust Iii)
Subrogation. The Guarantor shall be subrogated to all (if any) rights of the Holders of the Capital Securities against the Issuer in respect of any amounts paid to such Holders by the Guarantor under this Guarantee; provided, however, that the Guarantor shall not (except to the extent required by applicable provisions of law) be entitled to enforce or exercise any right that it may acquire by way of subrogation or any indemnity, reimbursement or other agreement, in all cases as a result of payment under this Guarantee, if, after giving effect to any such payment, any amounts are due and unpaid under this Guarantee. If any amount shall be paid to the Guarantor in violation of the preceding sentence, the Guarantor agrees to hold such amount in trust for the Holders and to pay over such amount to the Holders.
Appears in 2 contracts
Samples: Guarantee Agreement (Umpqua Holdings Corp), Guarantee Agreement (Umpqua Holdings Corp)
Subrogation. The Guarantor shall be subrogated to all (if any) rights of the Holders of Capital Securities against the Issuer in respect of any amounts paid to such Holders by the Guarantor under this GuaranteeGuarantee Agreement; provided, however, that the Guarantor shall not (except to the extent required by applicable mandatory provisions of law) be entitled to enforce or exercise any right that rights which it may acquire by way of subrogation or any indemnity, reimbursement or other agreement, in all cases as a result of payment under this GuaranteeGuarantee Agreement, if, after giving effect to at the time of any such payment, any amounts are due and unpaid under this GuaranteeGuarantee Agreement. If any amount shall be paid to the Guarantor in violation of the preceding sentence, the Guarantor agrees to hold such amount in trust for the Holders and to pay over such amount to the Holders.
Appears in 2 contracts
Samples: Securities Guarantee Agreement (HSBC Finance Capital Trust IX), Securities Guarantee Agreement (Household International Inc)
Subrogation. The Guarantor shall be subrogated to all (if any) rights of the Holders of Capital Securities against the Issuer Trust in respect of any amounts paid to such Holders by the Guarantor under this Capital Securities Guarantee; provided, however, that the Guarantor shall not (except to the extent required by applicable mandatory provisions of law) be entitled to enforce or exercise any right that it may acquire by way of subrogation or any indemnity, reimbursement or other agreement, in all cases as a result of payment under this Capital Securities Guarantee, if, after giving effect to at the time of any such payment, any amounts are due and unpaid under this Capital Securities Guarantee. If any amount shall be paid to the Guarantor in violation of the preceding sentence, the Guarantor agrees to hold such amount in trust for the Holders and to pay over such amount to the Holders.
Appears in 2 contracts
Samples: Capital Securities Guarantee Agreement (Southern Investments Uk Capital Trust I), Securities Guarantee Agreement (Southern Investments Uk Capital Trust I)
Subrogation. The Guarantor shall be subrogated to all (if any) rights of the Holders of Capital Securities against the Issuer in respect of any amounts paid to such the Holders by the Guarantor under this GuaranteeGuarantee Agreement; providedPROVIDED, howeverHOWEVER, that the Guarantor shall not (except to the extent required by applicable mandatory provisions of law) be entitled to enforce or exercise any right that rights which it may acquire by way of subrogation or any indemnity, reimbursement or other agreement, in all cases as a result of payment under this GuaranteeGuarantee Agreement, if, after giving effect to at the time of any such payment, any amounts are due and unpaid under this GuaranteeGuarantee Agreement. If any amount shall be paid to the Guarantor in violation of the preceding sentence, the Guarantor agrees to hold such amount in trust for the Holders and to pay over such amount to the Holders.
Appears in 2 contracts
Samples: Guarantee Agreement (Pogo Producing Co), Guarantee Agreement (Pogo Trust Ii)
Subrogation. The Guarantor shall be subrogated to all (if any) ----------- rights of the Holders of Capital Securities against the Issuer in respect of any amounts paid to such Holders by the Guarantor under this Guarantee; provided, however, that the Guarantor shall not (except to the extent required by applicable mandatory provisions of law) be entitled to enforce or exercise any right that it may acquire by way of subrogation or any indemnity, reimbursement or other agreement, in all cases as a result of payment under this Guarantee, if, after giving effect to any such payment, any amounts are due and unpaid under this Guarantee. If any amount shall be paid to the Guarantor in violation of the preceding sentence, the Guarantor agrees to hold such amount in trust for the Holders and to pay over such amount to the Holders.
Appears in 2 contracts
Samples: Guarantee Agreement (Florida Banks Inc), Guarantee Agreement (Florida Banks Inc)
Subrogation. The Guarantor shall be subrogated to all (if any) rights of the Holders of Capital Securities against the Issuer Trust in respect of any amounts paid to such Holders by the Guarantor under this Guarantee; provided, however, that the Guarantor shall not (except to the extent required by applicable mandatory provisions of law) be entitled to enforce or exercise any right that it may acquire by way of subrogation or any indemnity, reimbursement or other agreement, in all cases as a result of payment under this Guarantee, if, after giving effect to at the time of any such payment, any amounts are due and unpaid under this Guarantee. If any amount shall be paid to the Guarantor in violation of the preceding sentence, the Guarantor agrees to hold such amount in trust for the Holders and to pay over such amount to the Holders.
Appears in 2 contracts
Samples: Preferred Securities Guarantee Agreement (Agl Capital Trust Ii), Trust Preferred Securities Guarantee Agreement (Agl Capital Trust Iii)
Subrogation. The Guarantor shall be subrogated to all (if any) rights of the Holders of Capital Securities against the Issuer Partnership in respect of any amounts paid to such the Holders by the Guarantor under this Partnership Guarantee; provided, however, that the Guarantor shall not (except to the extent required by applicable mandatory provisions of law) be entitled to enforce or exercise any right that rights which it may acquire by way of subrogation or any indemnity, reimbursement or other agreement, in all cases as a result of payment under this Partnership Guarantee, if, after giving effect to at the time of any such payment, any amounts are due and unpaid under this Partnership Guarantee. If any amount shall be paid to the Guarantor in violation of the preceding sentence, the Guarantor agrees to hold such amount in trust for the Holders and to pay over such amount to the Holders.
Appears in 2 contracts
Samples: Partnership Guarantee Agreement (Hei Preferred Funding L P), Partnership Guarantee Agreement (Hawaiian Electric Industries Inc)
Subrogation. The Guarantor shall be subrogated to all rights (if any) rights of the Holders of Capital Securities against the Issuer Trust in respect of any amounts paid to such the Holders by the Guarantor under this GuaranteeExchange Guarantee Agreement; provided, however, that the Guarantor shall not (except to the extent required by applicable mandatory provisions of law) be entitled to enforce or exercise any right that rights which it may acquire by way of subrogation or any indemnity, reimbursement or other agreement, in all cases as a result of payment under this GuaranteeExchange Guarantee Agreement, if, after giving effect to at the time of any such payment, any amounts are due and unpaid under this GuaranteeExchange Guarantee Agreement. If any amount shall be paid to the Guarantor in violation of the preceding sentence, the Guarantor agrees to hold such amount in trust for the Holders and to pay over such amount to the Holders.
Appears in 1 contract
Subrogation. The Guarantor shall be subrogated to all (if any) rights of the Holders of Capital Securities against the Issuer in respect of any amounts paid to such Holders by the Guarantor under this Guarantee; provided, however, that the Guarantor shall not (except to the extent required by applicable mandatory provisions of law) be entitled to enforce or exercise any right that it may acquire by way of subrogation or any indemnity, reimbursement or other agreement, in all cases as a result of payment under this Guarantee, if, after giving effect to at the time of any such payment, any amounts are due and unpaid under this Guarantee. If any amount shall be paid to the Guarantor in violation of the preceding sentence, the Guarantor agrees to hold such amount in trust for the Holders and to pay over to the Holders from such amount any amounts then owed to the Holders.
Appears in 1 contract
Samples: Preferred Securities Guarantee Agreement (Centurytel Inc)
Subrogation. The Guarantor shall be subrogated to all (if any) rights of the Holders of Capital Securities Affiliate Debentures against the Issuer in respect of any amounts paid to such Holders by the Guarantor under this Investment Guarantee; provided, however, that the Guarantor shall not (except to the extent required by applicable mandatory provisions of law) be entitled to enforce or exercise any right that it may acquire by way of subrogation or any indemnity, reimbursement or other agreement, in all cases as a result of payment under this Investment Guarantee, if, after giving effect to at the time of any such payment, any amounts are due and unpaid under this Investment Guarantee. If any amount shall be paid to the Guarantor in violation of the preceding sentence, the Guarantor agrees to hold such amount in trust for the Holders and to pay over such amount to the Holders.
Appears in 1 contract
Samples: Hei Preferred Funding L P
Subrogation. The Guarantor shall be subrogated to all (if any) rights of the Holders of Capital Securities against the Issuer Trust in respect of any amounts paid to such Holders by the Guarantor under this Guarantee; providedPROVIDED, howeverHOWEVER, that the Guarantor shall not (except to the extent required by applicable mandatory provisions of law) be entitled to enforce or exercise any right that it may acquire by way of subrogation or any indemnity, reimbursement or other agreement, in all cases as a result of payment under this Guarantee, if, after giving effect to if at the time of any such payment, any amounts are due and unpaid under this Guarantee. If any amount shall be paid to the Guarantor in violation of the preceding sentence, the Guarantor agrees to hold such amount in trust for the Holders and to pay over such amount to the Guarantee Trustee for the benefit of the Holders.
Appears in 1 contract
Subrogation. The Guarantor shall be subrogated to all (if any) rights of the Holders of Capital Common Securities against the Issuer in respect of any amounts paid to such Holders by the Guarantor under this Common Securities Guarantee; provided, however, that the Guarantor shall not (except to the extent required by applicable mandatory provisions of law) be entitled to enforce or exercise any right that it may acquire by way of subrogation or any indemnity, reimbursement or other agreement, in all cases as a result of payment under this Common Securities Guarantee, if, after giving effect to any such payment, any amounts are due and unpaid under this Guarantee. If any amount shall be paid to the Guarantor in violation of the preceding sentence, the Guarantor agrees to hold such amount in trust for the Holders and to pay over such amount to the Holders.Common
Appears in 1 contract
Samples: Guarantee Agreement (Pxre Corp)
Subrogation. The Guarantor shall be subrogated to all (if any) rights of the Holders of Capital Trust Securities against the Issuer Trust in respect of any amounts paid to such Holders by the Guarantor under this Guarantee; provided, however, that the Guarantor shall not (except to the extent required by applicable mandatory provisions of law) be entitled to enforce or exercise any right that it may acquire by way of subrogation or any indemnity, reimbursement or other agreement, in all cases as a result of payment under this Guarantee, if, after giving effect to if at the time of any such payment, any amounts are due and unpaid under this Guarantee. If any amount shall be paid to the Guarantor in violation of the preceding sentence, the Guarantor agrees to hold such amount in trust for the Holders and to pay over such amount to the Guarantee Trustee for the benefit of the Holders.
Appears in 1 contract
Subrogation. The Guarantor shall be subrogated to all (if any) rights of the Holders of Capital Securities against the Issuer in respect of any amounts paid to such Holders by the Guarantor under this Guarantee; provided, however, that the Guarantor shall not (except to the extent required by applicable provisions of law) be entitled to enforce or exercise any right that it may acquire by way of subrogation or any indemnity, reimbursement or other agreement, in all cases as a result of payment under this Guarantee, if, after giving effect to any such payment, any amounts are due and unpaid under this Guarantee. If any amount shall be paid to the Guarantor in violation of the preceding sentence, the Guarantor agrees to hold such amount in trust for the Holders and to pay over such amount to the Holders.-11 -
Appears in 1 contract
Samples: PVF Capital Corp
Subrogation. The Guarantor shall shal1 be subrogated to all (if any) rights of the Holders of Capital Securities against the Issuer in respect of any amounts paid to such Holders by the Guarantor under this Guarantee; provided, however, that the Guarantor shall not (except to the extent required by applicable provisions of law) be entitled to enforce or exercise any right that it may acquire by way of subrogation or any indemnity, reimbursement or other agreement, in all cases as a result of payment under this Guarantee, if, after giving effect to any such payment, any amounts are due and unpaid under this Guarantee. If any amount shall be paid to the Guarantor in violation of the preceding sentence, the Guarantor agrees to hold such amount in trust for the Holders and to pay over such amount to the Holders.
Appears in 1 contract
Subrogation. The Guarantor shall be subrogated to all (if any) rights of the Holders of Capital Securities against the Issuer in respect of any amounts paid to such the Holders by the Guarantor under this GuaranteeGuarantee Agreement and shall have the right to waive payment by the Issuer pursuant to Section 5.1; provided, however, that the Guarantor shall not (except to the extent required by applicable mandatory provisions of law) be entitled to enforce or exercise any right that rights which it may acquire by way of subrogation or any indemnity, reimbursement or other agreement, in all cases as a result of payment under this GuaranteeGuarantee Agreement, if, after giving effect to at the time of any such payment, any amounts are due and unpaid under this GuaranteeGuarantee Agreement. If any amount shall be paid to the Guarantor in violation of the preceding sentence, the Guarantor agrees to hold such amount in trust for the Holders and to pay over such amount to the Holders.the
Appears in 1 contract
