Subrogation. The Guarantor shall be subrogated to all (if any) rights of the Holders of Preferred Securities against the Issuer in respect of any amounts paid to such Holders by the Guarantor under this Preferred Securities Guarantee; provided, however, that the Guarantor shall not (except to the extent required by 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 Preferred Securities Guarantee, if, at the time of any such payment, any amounts are due and unpaid under this Preferred 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 151 contracts
Samples: Preferred Securities Guarantee Agreement, Preferred Securities Guarantee Agreement (Allstate Financing X), Preferred Securities Guarantee Agreement (Valley National Bancorp)
Subrogation. The Guarantor shall be subrogated to all (if any) rights of the Holders of Preferred Securities against the Issuer in respect of any amounts paid to such the Holders by the Guarantor under this Preferred Securities GuaranteeGuarantee Agreement and shall have the right to waive payment by the Issuer pursuant to Section 5.1; provided, howeverthat, that the Guarantor shall not (except to the extent required by mandatory provisions of law) be entitled to enforce or exercise any right that rights it may acquire by way of subrogation or any indemnity, reimbursement or other agreement, in all cases as a result of payment under this Preferred Securities GuaranteeGuarantee Agreement, if, at the time of any such payment, any amounts are due and unpaid under this Preferred Securities 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 95 contracts
Samples: Guarantee Agreement (Paragon Commercial CORP), Guarantee Agreement (Entegra Financial Corp.), Guarantee Agreement (Wilshire Bancorp Inc)
Subrogation. The Guarantor shall be subrogated to all (if any) rights of the Holders of Preferred Securities against the Issuer in respect of any amounts paid to such Holders by the Guarantor under this Preferred Securities Guarantee; provided, however, that the Guarantor shall not (except to the extent required by 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 Preferred Securities Guarantee, if, at the time of any such payment, any amounts are due and unpaid under this Preferred 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 78 contracts
Samples: Preferred Securities Guarantee Agreement, Preferred Securities Guarantee Agreement (St. Paul Travelers Capital Trust IV), Preferred Securities Guarantee Agreement (Colonial Capital Trust Iv)
Subrogation. The Guarantor shall be subrogated to all (if any) rights of the Holders of Preferred Securities against the Issuer Trust in respect of any amounts paid to such Holders by the Guarantor under this Preferred Securities Guarantee; provided, however, that the Guarantor shall not (except to the extent required by 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 Preferred Securities Guarantee, if, at the time of any such payment, any amounts are due and unpaid under this Preferred 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 72 contracts
Samples: Preferred Securities Guarantee Agreement (Capitol Trust Xv), Convertible Preferred Securities Guarantee Agreement (Bridge Bancorp Inc), Preferred Securities Guarantee Agreement (Independent Bank Corp /Mi/)
Subrogation. The Guarantor shall be subrogated to all (if any) rights of the Holders of Preferred Capital Securities against the Issuer in respect of any amounts paid to such Holders by the Guarantor under this Preferred Capital Securities Guarantee; provided, however, that the Guarantor shall not (except to the extent required by 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 Preferred Capital Securities Guarantee, if, at the time of any such payment, any amounts are due and unpaid under this Preferred 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 48 contracts
Samples: Capital Securities Guarantee Agreement (Citigroup Capital XXII), Capital Securities Guarantee Agreement (PNC Capital Trust G), Capital Securities Guarantee Agreement (Citigroup Capital XIX)
Subrogation. The Guarantor shall be subrogated to all (if any) rights of the Holders of the Preferred Securities against the Issuer Trust in respect of any amounts paid to such Holders by the Guarantor under this Preferred Securities Guarantee; provided, however, that the Guarantor shall not (except to the extent required by 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 Preferred Securities Guarantee, if, at the time of any such payment, any amounts are due and unpaid under this Preferred 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 23 contracts
Samples: Preferred Securities Guarantee Agreement (S Y Bancorp Inc), Preferred Securities Guarantee Agreement (Itla Capital Corp), Preferred Securities Guarantee Agreement (Itla Capital Corp)
Subrogation. The Guarantor shall be subrogated to all (if any) rights of the Holders of Preferred Securities against the Issuer in respect of any amounts paid to such Holders by the Guarantor under this Preferred Series A Capital Securities Guarantee; provided, however, that the Guarantor shall not (except to the extent required by 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 Preferred Series A Capital Securities Guarantee, if, at the time of any such payment, any amounts are due and unpaid under this Preferred Series A 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 22 contracts
Samples: Series a Capital Securities Guarantee Agreement (Peoples Heritage Financial Group Inc), Series a Capital Securities Guarantee Agreement (Safeco Corp), Capital Securities Guarantee Agreement (Comed Financing Ii)
Subrogation. The Guarantor shall be subrogated to all (if any) rights of the Holders of Preferred Securities against the Issuer Trust in respect of any amounts paid to such the Holders by the Guarantor under this Preferred Securities GuaranteeGuarantee Agreement and shall have the right to waive payment by the Trust pursuant to Section 5.1; provided, however, that the Guarantor shall not (except to the extent required by 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 Preferred Securities Guarantee, if, at the time of any such payment, any amounts are due and unpaid under this Preferred 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 22 contracts
Samples: Guarantee Agreement (Bancfirst Corp /Ok/), Guarantee Agreement (Silicon Valley Bancshares), Guarantee Agreement (Bancfirst Corp /Ok/)
Subrogation. The Guarantor shall be subrogated to all (if any) rights of the Holders of Preferred Securities against the Issuer in respect of any amounts paid to such Holders by the Guarantor under this Preferred Series B Capital Securities Guarantee; provided, however, that the Guarantor shall not (except to the extent required by 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 Preferred Series B Capital Securities Guarantee, if, at the time of any such payment, any amounts are due and unpaid under this Preferred Series B 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 (Yardville Capital Trust Ii), Series B Capital Securities Guarantee Agreement (Progress Capital Trust I), Series B Capital Securities Guarantee Agreement (Renaissancere Capital Trust/Fa)
Subrogation. The Guarantor shall be subrogated to all (if any) rights of the Holders of Preferred Securities against the Issuer in respect of any amounts paid to such Holders by the Guarantor under this Preferred Securities Guarantee; providedPROVIDED, howeverHOWEVER, that the Guarantor shall not (except to the extent required by 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 Preferred Securities Guarantee, if, at the time of any such payment, any amounts are due and unpaid under this Preferred 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 19 contracts
Samples: Preferred Securities Guarantee Agreement (Xl Capital LTD), Preferred Securities Guarantee Agreement (Circus Finance Ii), Preferred Securities Guarantee Agreement (Circus Finance Ii)
Subrogation. The Guarantor shall be subrogated to all (if any) rights of the Holders of Preferred Securities against the Issuer in respect of any amounts paid to such the Holders by the Guarantor under this Preferred Securities 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 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 Preferred Securities GuaranteeGuarantee Agreement, if, if at the time of any such payment, any amounts are due and unpaid under this Preferred Securities 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 (Actuant CORP Capital Trust II), Guarantee Agreement (Wec Capital Trust Ii), Capital Securities Guarantee Agreement (Aon Corp)
Subrogation. The Guarantor shall be subrogated to all (if any) rights of the Holders of Trust Preferred Securities against the Issuer in respect of any amounts paid to such Holders by the Guarantor under this Trust Preferred Securities Guarantee; provided, however, that the Guarantor shall not (except to the extent required by 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 Preferred Securities Guarantee, if, at the time of any such payment, any amounts are due and unpaid under this Trust Preferred 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 15 contracts
Samples: Trust Preferred Securities Guarantee Agreement (Bay View Capital Corp), Trust Preferred Securities Guarantee Agreement (Merrill Lynch Preferred Funding I Lp), Trust Preferred Securities Guarantee Agreement (Uds Funding Ii Lp)
Subrogation. The Guarantor shall be subrogated to all (if any) rights of the Holders of Preferred Series B Capital Securities against the Issuer in respect of any amounts paid to such Holders by the Guarantor under this Preferred Series B Capital Securities Guarantee; provided, however, that the Guarantor shall not (except to the extent required by 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 Preferred Series B Capital Securities Guarantee, if, at the time of any such payment, any amounts are due and unpaid under this Preferred Series B 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 14 contracts
Samples: Capital Securities Guarantee Agreement (Cascade Financial Corp), Series B Capital Securities Guarantee Agreement (CNBF Capital Trust I), Capital Securities Guarantee Agreement (Hubco Inc)
Subrogation. The Guarantor shall be subrogated to all (if any) rights of the Holders of Preferred Securities against the Issuer in respect of any amounts paid to such the Holders by the Guarantor under this Preferred Securities 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 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 Preferred Securities Guarantee, ifGuarantee Agreement, at the time of any such payment, any amounts are due and unpaid under this Preferred Securities 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 12 contracts
Samples: Guarantee Agreement (Lincoln National Corp), Guarantee Agreement (Lincoln National Corp), Guarantee Agreement (Republic New York Corp)
Subrogation. The Guarantor shall be subrogated to all (if any) rights of the Holders of Preferred Securities against the Issuer in respect of any amounts paid to such Holders by the Guarantor under this Preferred Securities Guarantee; provided, however, that the Guarantor shall not (except to the extent required -------- ------- by 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 Preferred Securities Guarantee, if, at the time of any such payment, any amounts are due and unpaid under this Preferred 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 11 contracts
Samples: Preferred Securities Guarantee Agreement (Tci Communications Financing Vi), Preferred Securities Guarantee Agreement (Tci Communications Financing Iv), Preferred Securities Guarantee Agreement (Tci Communications Financing Iv)
Subrogation. The Guarantor shall be subrogated to all (if any) rights of the Holders of Preferred Securities against the Issuer in respect of any amounts paid to such the Holders by the Guarantor under this Preferred Securities 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 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 Preferred Securities Guarantee, Guarantee Agreement if, at the time of any such payment, any amounts are due and unpaid under this Preferred Securities 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: Guarantee Agreement (Lincoln National Corp), Guarantee Agreement (Lincoln National Corp), Guarantee Agreement (Lincoln National Corp)
Subrogation. The Guarantor shall be subrogated to all (if any) rights of the Holders of Preferred Common Securities against the Issuer in respect of any amounts paid to such Holders by the Guarantor under this Preferred Common Securities Guarantee; provided, however, that the Guarantor shall not (except to the extent required by 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 Preferred Common Securities Guarantee, if, at the time of any such payment, any amounts are due and unpaid under this Preferred 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 10 contracts
Samples: Common Securities Guarantee Agreement (Protective Life Corp), Common Securities Guarantee Agreement (Northern States Power Co), Common Securities Guarantee Agreement (Puget Energy Inc /Wa)
Subrogation. The Guarantor shall be subrogated to all (if any) rights of the Holders of Preferred Securities against the Issuer Trust in respect of any amounts paid to such Holders by the Guarantor under this Preferred Securities Guarantee; providedPROVIDED, howeverHOWEVER, that the Guarantor shall not (except to the extent required by 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 Preferred Securities Guarantee, if, at the time of any such payment, any amounts are due and unpaid under this Preferred 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 10 contracts
Samples: Preferred Securities Guarantee Agreement (Viatel Inc), Preferred Securities Guarantee Agreement (Local Financial Capital Trust I), Preferred Securities Guarantee Agreement (Local Financial Corp /Nv)
Subrogation. The Guarantor shall be subrogated to all (if any) rights of the Holders of Preferred Common Securities against the Issuer in respect of any amounts paid to such Holders by the Guarantor under this Preferred Common Securities Guarantee; provided, however, that the Guarantor shall not (except to the extent required -------- ------- by 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 Preferred Common Securities Guarantee, if, at the time of any such payment, any amounts are due and unpaid under this Preferred 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 10 contracts
Samples: Common Securities Guarantee Agreement (Tci Communications Financing Iv), Common Securities Guarantee Agreement (Tci Communications Financing Iv), Common Securities Guarantee Agreement (Tci Communications Financing Vi)
Subrogation. The Guarantor shall be subrogated to all (if any) rights of the Holders of Preferred Securities against the Issuer Trust in respect of any amounts paid to such Holders by the Guarantor under this Trust Preferred Securities Guarantee; provided, however, that the Guarantor shall not (except to the extent required by 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 Preferred Securities Guarantee, if, at the time of any such payment, any amounts are due and unpaid under this Trust Preferred 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 9 contracts
Samples: Trust Preferred Securities Guarantee Agreement (Alabama National Bancorporation), Trust Preferred Securities Guarantee Agreement (San Rafael Bancorp), Trust Preferred Securities Guarantee Agreement (Westcoast Hospitality Corp)
Subrogation. The Guarantor shall be subrogated to all (if any) rights of the Holders of Preferred Securities against the Issuer in respect of any amounts paid to such Holders by the Guarantor under this Preferred Securities Guarantee; provided, however, that the Guarantor shall not (except to the extent required by 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 Preferred Securities Guarantee, if, at the time of any such payment, any amounts are due and unpaid under this Preferred 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 Preferred Guarantee Trustee for the benefit of the Holders.
Appears in 9 contracts
Samples: Preferred Securities Guarantee Agreement (Kellogg Co), Preferred Securities Guarantee Agreement (Motorola Inc), Preferred Securities Guarantee Agreement (Conseco Inc Et Al)
Subrogation. The Guarantor shall be subrogated to all (rights, if any) rights , of the Holders of Preferred Securities against the Issuer in respect of any amounts paid to such Holders by the Guarantor under this Preferred Securities Guarantee; provided, however, that the Guarantor shall not (except to the extent required by 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 Preferred Securities Guarantee, if, at the time of any such payment, any amounts are due and unpaid under this Preferred 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 9 contracts
Samples: Preferred Securities Guarantee Agreement (Cendant Capital V), Preferred Securities Guarantee Agreement (Cendant Capital Iii), Preferred Securities Guarantee Agreement (Cendant Capital V)
Subrogation. The Guarantor shall be subrogated to all (if any) rights of the Holders of Preferred Capital Securities against the Issuer Trust in respect of any amounts paid to such Holders by the Guarantor under this Preferred Capital Securities Guarantee; provided, however, that the Guarantor shall not (except to the extent required by 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 Preferred Capital Securities Guarantee, if, at the time of any such payment, any amounts are due and unpaid under this Preferred 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 9 contracts
Samples: Capital Securities Guarantee Agreement (First Financial Capital Trust II), Capital Securities Guarantee Agreement (First Financial Capital Trust II), Capital Securities Guarantee Agreement (Great Southern Capital Trust IV)
Subrogation. The Guarantor shall be subrogated to all (if any) rights of the Holders of Preferred Securities against the Issuer in respect of any amounts paid to such the Holders by the Guarantor under this Preferred Securities GuaranteeGuarantee and shall have the right to waive payment by the Issuer pursuant to Section 5.01; provided, however, that the Guarantor shall not (except to the extent required by 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 Preferred Securities Guarantee, if, at the time of any such payment, any amounts are due and unpaid under this Preferred 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 9 contracts
Samples: Guarantee Agreement (Nationwide Financial Services Inc/), Guarantee Agreement (Baltimore Gas & Electric Co), Guarantee Agreement (Scottish Annuity & Life Holdings LTD)
Subrogation. The Guarantor shall be subrogated to all (if any) rights of the Holders of Trust Preferred Securities against the Issuer Trust in respect of any amounts paid to such Holders by the Guarantor under this Trust Preferred Securities Guarantee; provided, however, that the Guarantor shall not (except to the extent required by 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 Preferred Securities Guarantee, if, at the time of any such payment, any amounts are due and unpaid under this Trust Preferred 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 9 contracts
Samples: Trust Preferred Securities Guarantee Agreement (American Equity Investment Life Holding Co), Trust Preferred Securities Guarantee Agreement (American Equity Investment Life Holding Co), Trust Preferred Securities Guarantee Agreement (Paradigm Capital Trust Ii)
Subrogation. The Guarantor shall be subrogated to all (rights, if any) rights , of the Holders of Preferred Securities against the Issuer in respect of any amounts paid to such Holders by the Guarantor under this Preferred Securities Guarantee; provided, however, that the Guarantor shall not (except to the extent required by 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 Preferred Securities Guarantee, if, at the time of any such payment, any amounts are due and unpaid under this Preferred Securities Guarantee. If any amount shall be paid or property delivered to the Guarantor in violation of the preceding sentence, the Guarantor agrees to hold such amount or property in trust for the Holders and to pay over such amount or deliver such property to the HoldersHolders entitled thereto.
Appears in 8 contracts
Samples: Preferred Securities Guarantee Agreement (Dte Energy Co), Preferred Securities Guarantee Agreement (Apache Corp), Preferred Securities Guarantee Agreement (Detroit Edison Trust I)
Subrogation. The Guarantor shall be subrogated to all (rights, if any) rights , of the Holders of Preferred Securities against the Issuer in respect of any amounts paid to such Holders by the Guarantor under this Preferred Securities Guarantee; provided, however, that the Guarantor shall not (except to the extent required by 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 Preferred Securities Guarantee, if, at the time of any such payment, any amounts are due and unpaid under this Preferred 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 8 contracts
Samples: Preferred Securities Guarantee Agreement (MetLife Capital Trust V), Preferred Securities Guarantee Agreement (Kennametal Financing I), Preferred Securities Guarantee Agreement (Metlife Capital Trust Iii)
Subrogation. The Guarantor shall be subrogated to all (if any) rights of the Holders of Preferred Securities against the Issuer in respect of any amounts paid to such Holders by the Guarantor under this Trust Preferred Securities Guarantee; provided, however, that the Guarantor shall not (except to the extent required by 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 Preferred Securities Guarantee, if, at the time of any such payment, any amounts are due and unpaid under this Trust Preferred 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 7 contracts
Samples: Trust Preferred Securities Guarantee Agreement (Vineyard Statutory Trust X), Trust Preferred Securities Guarantee Agreement (Coastal Bancorp Inc), Guarantee Agreement (R&G Capital Trust VIII)
Subrogation. The Guarantor shall be subrogated to all (if any) rights of the Holders of Preferred Common Securities against the Issuer in respect of any amounts paid to such Holders by the Guarantor under this Preferred Common Securities Guarantee; providedPROVIDED, howeverHOWEVER, that the Guarantor shall not (except to the extent required by 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 Preferred Common Securities Guarantee, if, at the time of any such payment, any amounts are due and unpaid under this Preferred 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 7 contracts
Samples: Common Securities Guarantee Agreement (Fleetwood Capital Trust Iii), Common Securities Guarantee Agreement (Circus Finance Ii), Common Securities Guarantee Agreement (MDC Holdings Inc)
Subrogation. The Guarantor shall be subrogated to all (if any) rights of the Holders of Preferred Common Securities against the Issuer in respect of any amounts paid to such Holders by the Guarantor under this Preferred Common Securities Guarantee; provided, however, that the Guarantor shall not (except to the extent required by 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 Preferred Common Securities Guarantee, if, at the time of any such payment, any amounts are due and unpaid under this Preferred 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 7 contracts
Samples: Common Securities Guarantee Agreement (Xl Capital LTD), Common Securities Guarantee Agreement (Delphi Financial Group Inc/De), Common Securities Guarantee Agreement (Coastal Corp)
Subrogation. The Guarantor shall be subrogated to all (all, if any) , rights of the Holders of Preferred Securities against the Issuer Trust in respect of any amounts paid to such Holders by the Guarantor under this Preferred Securities Guarantee; provided, however, that the Guarantor shall not (except to the extent required by 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 Preferred Securities Guarantee, if, at the time of any such payment, any amounts are due and unpaid under this Preferred 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 7 contracts
Samples: Preferred Securities Guarantee Agreement (Warnaco Group Inc /De/), Preferred Securities Guarantee Agreement (Finova Finance Trust), Preferred Securities Guarantee Agreement (Walbro Capital Trust)
Subrogation. The Guarantor shall be subrogated to all (if any) rights of the Holders of Preferred Capital Securities against the Issuer CFB Capital in respect of any amounts paid to such Holders by the Guarantor under this Preferred Capital Securities Guarantee; provided, however, that the Guarantor shall not (except to the extent required by 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 Preferred Capital Securities Guarantee, if, at the time of any such payment, any amounts are due and unpaid under this Preferred 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: Capital Securities Guarantee Agreement (Community First Bankshares Inc), Capital Securities Guarantee Agreement (Community First Bankshares Inc), Capital Securities Guarantee Agreement (Community First Bankshares Inc)
Subrogation. The Guarantor shall be subrogated to all (if any) rights of the Holders of Preferred the Common Securities against the Issuer in respect of any amounts paid to such Holders by the Guarantor under this Preferred Common Securities Guarantee; provided, however, that the Guarantor shall not (except to the extent required by 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 Preferred Common Securities Guarantee, if, at the time of any such payment, any amounts are due and unpaid under this Preferred 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 6 contracts
Samples: Guarantee Agreement (Cascade Financial Corp), Common Securities Guarantee Agreement (Astoria Capital Trust I), Common Securities Guarantee Agreement (Hawthorne Financial Corp)
Subrogation. The Guarantor shall be subrogated to all (if any) rights of the Holders of Preferred Securities TECONS against the Issuer in respect of any amounts paid to such Holders by the Guarantor under this Preferred Securities Guarantee; provided, however, that the Guarantor shall not (except to the extent required by 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 Preferred Securities Guarantee, if, at the time of any such payment, any amounts are due and unpaid under this Preferred 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: Preferred Securities Guarantee Agreement (CNF Transportation Inc), Preferred Securities Guarantee Agreement (CNF Transportation Inc), Preferred Securities Guarantee Agreement (Wendys International Inc)
Subrogation. The Guarantor shall be subrogated to all (if any) rights of the Holders of Preferred Common Securities against the Issuer in respect of any amounts paid to such Holders by the Guarantor under this Preferred Common Securities Guarantee; providedPROVIDED, howeverHOWEVER, that the Guarantor shall not (except to the extent required by 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 Preferred Common Securities Guarantee, if, at the time of any such payment, any amounts are due and unpaid under this Preferred 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 of the Holders.
Appears in 5 contracts
Samples: Common Securities Guarantee Agreement (Allegheny Energy Inc), Common Securities Guarantee Agreement (Allegheny Energy Inc), Common Securities Guarantee Agreement (Allegheny Energy Inc)
Subrogation. The Guarantor shall be subrogated to all (if any) rights of the Holders of Preferred Securities against the Issuer LLC in respect of any amounts paid to such the Holders by the Guarantor under this Preferred Securities GuaranteeGuarantee Agreement and shall have the right to waive payment by the LLC pursuant to Section 5.1; provided, however, that the Guarantor shall not (except to the extent required by 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 Preferred Securities GuaranteeGuarantee Agreement, if, if at the time of any such payment, any amounts are due and unpaid under this Preferred Securities 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 Company Preferred Securities and to pay over such amount to the Holders.
Appears in 5 contracts
Samples: Guarantee Agreement (Teco Energy Inc), Guarantee Agreement (Teco Energy Inc), Limited Liability Company Agreement (Teco Capital Trust Iii)
Subrogation. The Guarantor shall be subrogated to all (if any) rights of the Holders of Preferred Securities against the Issuer in respect of any amounts paid to such Holders by the Guarantor under this Preferred Securities GuaranteeGuarantee Agreement; provided, -------- however, that the Guarantor shall not (except to the extent required by ------- 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 Preferred Securities GuaranteeGuarantee Agreement, if, at the time of any such payment, any amounts are due and unpaid under this Preferred Securities 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 5 contracts
Samples: Preferred Securities Guarantee Agreement (Great Western Financial Corp), Preferred Securities Guarantee Agreement (Great Western Financial Trust Iii), Preferred Securities Guarantee Agreement (Great Western Financial Trust I /De/)
Subrogation. The Guarantor shall be subrogated to all (if any) rights of the Holders of Preferred Securities against the Issuer in respect of any amounts paid to such Holders by the Guarantor under this Preferred Trust Securities Guarantee; providedPROVIDED, howeverHOWEVER, that the Guarantor shall not (except to the extent required by 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 Preferred Trust Securities Guarantee, if, at the time of any such payment, any amounts are due and unpaid under this Preferred Trust 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 4 contracts
Samples: Guarantee Agreement (Affiliated Managers Group Inc), Guarantee Agreement (Boston Private Financial Holdings Inc), Guarantee Agreement (Affiliated Managers Group Inc)
Subrogation. The Guarantor shall be subrogated to all (rights, if any) rights , of the Holders of Preferred Securities the Subordinated Notes against the Issuer in respect of any amounts paid to such Holders by the Guarantor under this Preferred Securities GuaranteeGuarantee Agreement; provided, however, that the Guarantor shall not (except to the extent required by 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 Preferred Securities GuaranteeGuarantee Agreement, if, at the time of any such payment, any amounts are due and unpaid under this Preferred Securities 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 Subordinated Notes and to pay over such amount to the such Holders.
Appears in 4 contracts
Samples: Subordinated Debt Securities Guarantee Agreement (RenaissanceRe Finance Inc.), Subordinated Debt Securities Guarantee Agreement (RenaissanceRe Finance Inc.), Subordinated Debt Securities Guarantee Agreement (RenaissanceRe Finance Inc.)
Subrogation. The Guarantor shall be subrogated to all (if any) rights of the Holders of Preferred Trust Common Securities against the Issuer Trust in respect of any amounts paid to such Holders by the Guarantor under this Preferred Trust Common Securities Guarantee; provided, however, that the Guarantor shall not (except to the extent required by 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 Preferred Trust Common Securities Guarantee, if, at the time of any such payment, any amounts are due and unpaid under this Preferred Trust 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 4 contracts
Samples: Trust Common Securities Guarantee Agreement, Trust Common Securities Guarantee Agreement (American Equity Investment Life Holding Co), Trust Common Securities Guarantee Agreement (American Equity Investment Life Holding Co)
Subrogation. The Guarantor shall be subrogated to all (rights, if any) rights , of the Holders of Preferred Securities the Junior Subordinated Notes against the Issuer in respect of any amounts paid to such Holders by the Guarantor under this Preferred Securities GuaranteeGuarantee Agreement; provided, however, that the Guarantor shall not (except to the extent required by 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 Preferred Securities GuaranteeGuarantee Agreement, if, at the time of any such payment, any amounts are due and unpaid under this Preferred Securities 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 Junior Subordinated Notes and to pay over such amount to the such Holders.
Appears in 4 contracts
Samples: Junior Subordinated Debt Securities Guarantee Agreement (RenaissanceRe Finance Inc.), Junior Subordinated Debt Securities Guarantee Agreement (RenaissanceRe Finance Inc.), Junior Subordinated Debt Securities Guarantee Agreement (RenaissanceRe Finance Inc.)
Subrogation. The Guarantor shall be subrogated to all (if any) ----------- rights of the Holders of the Preferred Securities against the Issuer Trust in respect of any amounts paid to such Holders by the Guarantor under this Preferred Securities Guarantee; provided, however, that the Guarantor shall not (except to the extent required by 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 Preferred Securities Guarantee, if, at the time of any such payment, any amounts are due and unpaid under this Preferred 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 3 contracts
Samples: Preferred Securities Guarantee Agreement (Ctbi Preferred Capital Trust Ii), Preferred Securities Guarantee Agreement (Abc Bancorp Capital Trust I), Preferred Securities Guarantee Agreement (Abc Bancorp Capital Trust I)
Subrogation. The Guarantor shall be subrogated to all (all, if any) , rights of the Holders of Preferred Securities against the Issuer in respect of any amounts paid to such the Holders by the Guarantor under this Preferred Trust Securities Guarantee; provided, however, that the Guarantor shall not (except to the extent required by 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 Preferred Trust Securities Guarantee, if, at the time of any such payment, any amounts of Guarantee Payments are due and unpaid under this Preferred Trust 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 3 contracts
Samples: Preferred Trust Securities Guarantee Agreement (Texas Utilities Co /Tx/), Preferred Trust Securities Guarantee (Txu Europe Funding I L P), Preferred Trust Securities Guarantee (Txu Europe Funding I L P)
Subrogation. The Guarantor shall be subrogated to all (if any) rights of the Holders of Preferred Securities against the Issuer in respect of any amounts paid to such Holders by the Guarantor under this Preferred Securities Guarantee; providedPROVIDED, howeverHOWEVER, that the Guarantor shall not (except to the extent required by 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 Preferred Securities Guarantee, if, at the time of any such payment, any amounts are due and unpaid under this Preferred 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 3 contracts
Samples: Preferred Securities Guarantee Agreement (Allegheny Energy Inc), Preferred Securities Guarantee Agreement (Allegheny Energy Inc), Preferred Securities Guarantee Agreement (Allegheny Energy Inc)
Subrogation. The Guarantor shall be subrogated to all (if any) rights of the Holders of Preferred Securities against the Issuer in respect of any amounts paid to such Holders by the Guarantor under this Preferred Securities GuaranteeGuarantee Agreement; providedPROVIDED, howeverHOWEVER, that the Guarantor shall not (except to the extent required by 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 Preferred Securities GuaranteeGuarantee Agreement, if, at the time of any such payment, any amounts are due and unpaid under this Preferred Securities 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: Preferred Securities Guarantee Agreement (Mediaone Finance Trust Ii), Preferred Securities Guarantee Agreement (Mediaone Finance Trust Vi), Preferred Securities Guarantee Agreement (Mediaone Finance Trust Ii)
Subrogation. The Guarantor shall be subrogated to all (all, if any) , rights of the Holders of Preferred Securities against the Issuer in respect of any amounts paid to such the Holders by the Guarantor under this Preferred Partnership Securities Guarantee; provided, however, that the Guarantor shall not (except to the extent required by 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 Preferred Partnership Securities Guarantee, if, at the time of any such payment, any amounts of Guarantee Payments are due and unpaid under this Preferred Partnership 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 3 contracts
Samples: Preferred Partnership Securities Guarantee Agreement (Texas Utilities Co /Tx/), Preferred Partnership Securities Guarantee (Txu Europe Funding I L P), Preferred Partnership Securities Guarantee (Txu Europe Funding I L P)
Subrogation. The Guarantor shall be subrogated to all (if any) rights of the Holders of Preferred the Common Securities against the Issuer in respect of any amounts paid to such Holders by the Guarantor under this Preferred Common Securities Guarantee; providedPROVIDED, howeverHOWEVER, that the Guarantor shall not (except to the extent required by 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 Preferred Common Securities Guarantee, if, at the time of any such payment, any amounts are due and unpaid under this Preferred 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 3 contracts
Samples: Common Securities Guarantee Agreement (Bfoh Capital Trust I), Common Securities Guarantee Agreement (Sky Financial Capital Trust I), Common Securities Guarantee Agreement (BFD Preferred Capital Trust Ii)
Subrogation. The Guarantor shall be subrogated to all (if any) rights of the Holders of Preferred Capital Securities against the Issuer in respect of any amounts paid to such Holders by the Guarantor under this Preferred Capital Securities Guarantee; provided, -------- however, that the Guarantor shall not (except to the extent required by ------- 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 Preferred Capital Securities Guarantee, if, at the time of any such payment, any amounts are due and unpaid under this Preferred 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 3 contracts
Samples: Capital Securities Guarantee Agreement (NHTB Capital Trust I), Capital Securities Guarantee Agreement (GBB Capital V), Capital Securities Guarantee Agreement (Westbank Capital Trust I)
Subrogation. The Guarantor shall be subrogated to all (if any) rights of the Holders of Preferred Securities against the Issuer Trust and the Bank in respect of any amounts paid to such Holders by the Guarantor under this Preferred Securities Guarantee; provided, however, that the Guarantor shall not (except to the extent required by 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 Preferred Securities Guarantee, if, at the time of any such payment, any amounts are due and unpaid under this Preferred 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 3 contracts
Samples: Preferred Securities Guarantee Agreement (RBC Centura Banks Inc), Preferred Securities Guarantee Agreement (RBC Centura Banks Inc), Preferred Securities Guarantee Agreement (RBC Centura Banks Inc)
Subrogation. The Guarantor shall be subrogated to all (if any) rights of the Holders of Preferred Securities against the Issuer in respect of any amounts paid to such Holders by the Guarantor under this Preferred Securities Guarantee; provided, however, that the Guarantor shall not (except to the extent required by 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 Preferred Securities Guarantee, if, at the time of any such payment, any amounts are due and unpaid under this Preferred 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 3 contracts
Samples: Securities Guarantee Agreement (Washington Water Power Capital Iii), Securities Guarantee Agreement (Washington Water Power Capital Iii), Securities Guarantee Agreement (Washington Water Power Capital Iii)
Subrogation. The Guarantor shall be subrogated to all (rights, if any) rights , of the Holders of Preferred Securities the Notes against the Issuer Company in respect of any amounts paid to such Holders by the Guarantor under this Preferred Securities GuaranteeSupplemental Indenture; providedPROVIDED, howeverHOWEVER, that the Guarantor shall not (except to the extent required by 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 Preferred Securities GuaranteeSupplemental Indenture, if, at the time of any such payment, any amounts are due and unpaid outstanding under this Preferred Securities GuaranteeSupplemental Indenture. 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 benefit of the Holders and to pay over such amount to the Holders.
Appears in 3 contracts
Samples: Supplemental Indenture (Transamerica Finance Corp), Supplemental Indenture (Transamerica Finance Corp), Supplemental Indenture (Transamerica Finance Corp)
Subrogation. The Guarantor shall be subrogated to all (if any) rights of the Holders of Preferred Common Securities against the Issuer in respect of any amounts paid to such Holders by the Guarantor under this Preferred Common Securities Guarantee; provided, however, that the Guarantor shall not (except to the extent required by 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 Preferred Common Securities Guarantee, if, at the time of any such payment, any amounts are due and unpaid under this Preferred 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 of the Holders.
Appears in 3 contracts
Samples: Common Securities Guarantee Agreement (Travelers Capital Trust V), Common Securities Guarantee Agreement (St. Paul Travelers Capital Trust IV), Common Securities Guarantee Agreement (St Paul Capital Trust Ii)
Subrogation. The Guarantor shall be subrogated to all (if any) rights of the Holders of Preferred Capital Securities against the Issuer Air T Funding in respect of any amounts paid to such Holders by the Guarantor under this Preferred Capital Securities Guarantee; provided, however, that the Guarantor shall not (except to the extent required by 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 Preferred Capital Securities Guarantee, if, at the time of any such payment, any amounts are due and unpaid under this Preferred 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 3 contracts
Samples: Capital Securities Guarantee Agreement (Air T Inc), Capital Securities Guarantee Agreement (Air T Funding), Capital Securities Guarantee Agreement (Air T Inc)
Subrogation. The Guarantor shall be subrogated to all (all, if any) , rights of the Holders of Preferred Securities against the Issuer Trust in respect of any amounts paid to such Holders by the Guarantor under this Convertible Preferred Securities Guarantee; providedPROVIDED, howeverHOWEVER, that the Guarantor shall not (except to the extent required by 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 Convertible Preferred Securities Guarantee, if, at the time of any such payment, any amounts are due and unpaid under this Convertible Preferred 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: Convertible Preferred Securities Guarantee Agreement (Sun Healthcare Group Inc), Convertible Preferred Securities Guarantee Agreement (Sun Healthcare Group Inc)
Subrogation. The Guarantor shall be subrogated to all (if any) rights of the Holders of Preferred Securities against the Issuer in respect of any amounts paid to such Holders by the Guarantor under this Preferred Securities Guarantee; provided, however, that the Guarantor shall not (except to the extent required by 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 Preferred Securities Guarantee, if, at the time of any such payment, any amounts are due and unpaid under this Preferred 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: Preferred Securities Guarantee Agreement (K N Capital Trust Iii), Preferred Securities Guarantee Agreement (Federal Mogul Financing Trust)
Subrogation. The Guarantor shall be subrogated to all (if any) rights of the Holders of Preferred Securities against the Issuer Spectrum Capital in respect of any amounts paid to such Holders by the Guarantor under this Preferred Securities Guarantee; provided, however, that the Guarantor shall not (except to the extent required by 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 Preferred Securities Guarantee, if, at the time of any such payment, any amounts are due and unpaid under this Preferred 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: Preferred Securities Guarantee Agreement (Spectrum Capital Trust Ii), Preferred Securities Guarantee Agreement (Spectrum Capital Trust I)
Subrogation. The Guarantor shall be subrogated to all (if any) rights of the Holders of Preferred Capital Securities against the Issuer in respect of any amounts paid to such Holders by the Guarantor under this Preferred Capital Securities Guarantee; provided, however, that the Guarantor shall not (except to the extent required by 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 Preferred Capital Securities Guarantee, if, at the time of any such payment, any amounts are due and unpaid under this Preferred 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 Capital Guarantee Trustee for the benefit of the Holders.
Appears in 2 contracts
Samples: Capital Securities Guarantee Agreement (Conseco Inc Et Al), Capital Securities Guarantee Agreement (Conseco Inc Et Al)
Subrogation. The Guarantor shall be subrogated to all (if any) rights of the Holders of Preferred Capital Securities against the Issuer in respect of any amounts paid to such Holders by the Guarantor under this Preferred Capital Securities Guarantee; providedPROVIDED, howeverHOWEVER, that the Guarantor shall not (except to the extent required by 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 Preferred Capital Securities Guarantee, if, at the time of any such payment, any amounts are due and unpaid under this Preferred 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 (MDC Holdings Inc), Capital Securities Guarantee Agreement (Zenith National Insurance Corp)
Subrogation. The Guarantor shall be subrogated to all (if any) rights of the Holders of Preferred Securities against the Issuer in respect of any amounts paid to such the Holders by the Guarantor under this Preferred Securities 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 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 Preferred Securities GuaranteeGuarantee Agreement, if, at the time of any such payment, any amounts are due and unpaid under this Preferred Securities 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 (Vib Corp), Guarantee Agreement (Bnccorp Inc)
Subrogation. The Guarantor shall be subrogated to all (if any) rights of the Holders of Preferred the Common Securities against the Issuer in respect of any amounts paid to such Holders by the Guarantor under this Preferred Common Securities Guarantee; provided, however, that the Guarantor shall not (except to the extent required -------- ------- by 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 Preferred Common Securities Guarantee, if, at the time of any such payment, any amounts are due and unpaid under this Preferred 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 2 contracts
Samples: Common Securities Guarantee Agreement (GBB Capital V), Common Securities Guarantee Agreement (Greater Bay Bancorp)
Subrogation. The Guarantor shall be subrogated to all (if any) rights of the Holders of Preferred Securities against the Issuer in respect of any amounts paid to such Holders by the Guarantor under this Preferred Securities Guarantee; provided, however, that the Guarantor shall not (except to the extent required by mandatory provisions provi- sions 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 Preferred Securities Guarantee, if, at the time of any such payment, any amounts are due and unpaid under this Preferred 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: Preferred Securities Guarantee Agreement (International Paper Capital Trust Iii), Preferred Securities Guarantee Agreement (International Paper Capital Trust Iii)
Subrogation. The Guarantor shall be subrogated to all (if any) rights of the Holders of Preferred Securities against the Issuer in respect of any amounts paid to such Holders by the Guarantor under this Preferred Securities Guarantee; provided, however, that the Guarantor shall not (except to the extent required by 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 Preferred Securities Guarantee, if, at the time of any such payment, any amounts are due and unpaid under this Preferred 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: Preferred Securities Guarantee Agreement (MCN Financing Iv), Preferred Securities Guarantee Agreement (MCN Corp)
Subrogation. The Guarantor shall be subrogated to all (if any) rights of the Holders of Preferred Securities against the Issuer in respect of any amounts paid to such Holders by the Guarantor under this Preferred Common Securities Guarantee; provided, however, that the -------- ------- Guarantor shall not (except to the extent required by 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 Preferred Common Securities Guarantee, if, at the time of any such payment, any amounts are due and unpaid under this Preferred 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 2 contracts
Samples: Common Securities Guarantee Agreement (Allmerica Financial Corp), Common Securities Guarantee Agreement (Investors Financial Services Corp)
Subrogation. The Guarantor shall be subrogated to all (if any) rights of the Holders of Preferred Securities against the Issuer in respect of any amounts paid to such Holders by the Guarantor under this Trust Preferred Securities Guarantee; provided, however, -------- ------- that the Guarantor shall not (except to the extent required by 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 Preferred Securities Guarantee, if, at the time of any such payment, any amounts are due and unpaid under this Trust Preferred 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: Guarantee Agreement (Sandy Spring Capital Trust I), Trust Preferred Securities Guarantee Agreement (East West Bancorp Capital Trust I)
Subrogation. The Guarantor shall be subrogated to all (if any) rights of the Holders of Preferred Securities against the Issuer FW Capital in respect of any amounts paid to such Holders by the Guarantor under this Preferred Securities Guarantee; provided, however, that the Guarantor shall not (except to the extent required by 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 Preferred Securities Guarantee, if, at the time of any such payment, any amounts are due and unpaid under this Preferred 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 1 contract
Samples: Preferred Securities Guarantee Agreement (Fw Capital I)
Subrogation. The Guarantor shall be subrogated to all (if any) rights of the Holders of Preferred Securities against the Issuer Trust in respect of any amounts paid to such Holders by the Guarantor under this Preferred Common Securities Guarantee; providedPROVIDED, howeverHOWEVER, that the Guarantor shall not (except to the extent required by 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 Preferred Common Securities Guarantee, if, at the time of any such payment, any amounts are due and unpaid under this Preferred 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 1 contract
Samples: Common Securities Guarantee Agreement (Sun Healthcare Group Inc)
Subrogation. The Guarantor shall be subrogated to all (all, if any) , rights of the Holders of Preferred Securities against the Issuer in respect of any amounts paid to such Holders by the Guarantor under this Preferred Series A Capital Securities Guarantee; provided, however, that the Guarantor shall not (except to the extent required by 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 Preferred Series A Capital Securities Guarantee, if, at the time of any such payment, any amounts are due and unpaid under this Preferred Series A 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 1 contract
Samples: Capital Securities Guarantee Agreement (First Midwest Bancorp Inc)
Subrogation. The Guarantor shall be subrogated to all (if any) rights of the Holders of Preferred Securities against the Issuer in respect of any amounts paid to such Holders by the Guarantor under this Preferred Amended and Restated Common Securities Guarantee; provided, however, that the Guarantor shall not (except to the extent required by 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 Preferred Amended and Restated Common Securities Guarantee, if, at the time of any such payment, any amounts are due and unpaid under this Preferred Amended and Restated 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 1 contract
Samples: Common Securities Guarantee Agreement (Capital Trust Inc)
Subrogation. The Guarantor shall be subrogated to all (if any) rights of the Holders of Trust Preferred Securities against the Issuer in respect of any amounts paid to such Holders by the Guarantor under this Preferred Securities Guarantee; provided, however, that the Guarantor shall not (except to the extent required by 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 Preferred Securities Guarantee, if, at the time of any such payment, any amounts are due and unpaid under this Preferred 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 1 contract
Samples: Preferred Securities Guarantee Agreement (Apple South Financing I)
Subrogation. The Guarantor shall be subrogated to all (if any) rights of the Holders of Preferred Securities against the Issuer in respect of any amounts paid to such Holders by the Guarantor under this Preferred Securities Guarantee; provided, 17 however, that the Guarantor shall not (except to the extent required by 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 Preferred Securities Guarantee, if, at the time of any such payment, any amounts are due and unpaid under this Preferred 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 1 contract
Samples: Securities Guarantee Agreement (Washington Water Power Co)
Subrogation. The Guarantor shall be subrogated to all (if any) rights of the Holders of Preferred Common Securities against the Issuer Trust in respect of any amounts paid to such Holders by the Guarantor under this Preferred Common Securities Guarantee; providedPROVIDED, howeverHOWEVER, that the Guarantor shall not (except to the extent required by 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 Preferred Common Securities Guarantee, if, at the time of any such payment, any amounts are due and unpaid under this Preferred 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 1 contract
Subrogation. The Guarantor shall be subrogated to all (rights, if any) rights , of the Holders of Preferred Capital Securities against the Issuer Trust in respect of any amounts paid to such the Holders of Capital Securities by the Guarantor under this Preferred Securities GuaranteeGuarantee Agreement; provided, however, that the Guarantor shall not (except to the extent required by mandatory provisions of law) be entitled to enforce or exercise any right that it may acquire by way of subrogation or any indemnity, reimbursement reimbursement, or other agreement, in all cases as a result of payment under this Preferred Securities GuaranteeGuarantee Agreement, if, at the time of any such payment, any amounts are due and unpaid under this Preferred Securities 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 Capital Securities and to pay over such amount to the HoldersHolders of Capital Securities.
Appears in 1 contract
Samples: Indenture (Land O Lakes Inc)
Subrogation. The Additional Guarantor shall be subrogated to all (rights, if any) rights , of the Holders holders of Preferred Securities against the Trust Issuer in respect of any amounts paid to such Holders holders by the Additional Guarantor under this Preferred Securities Guaranteethese Additional Guarantees; provided, however, that the Additional Guarantor shall not (except to the extent required by 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 Preferred Securities GuaranteeAgreement, if, at the time of any such payment, any amounts are due and unpaid under this Preferred Securities GuaranteeAgreement. If any amount shall be paid to the Additional Guarantor in violation of the preceding sentence, the Additional Guarantor agrees to hold such amount in trust for the Holders holders and to pay over such amount to the Holdersholders.
Appears in 1 contract
Samples: Guarantee Agreement (Allstate Corp)
Subrogation. The Guarantor shall be subrogated to all (if any) rights of the Holders of Preferred Securities against the Issuer in respect of any amounts paid to such the Holders by the Guarantor under this Preferred Securities 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 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 Preferred Securities Guarantee, ifGuarantee Agreement, at the time of any such payment, any and amounts are due and unpaid under this Preferred Securities 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 1 contract
Subrogation. The Guarantor shall be subrogated to all rights (if any) rights of the Holders of Preferred Securities against the Issuer in respect of any amounts paid to such Holders by the Guarantor under this Preferred Series A Capital Securities Guarantee; provided, however, that the Guarantor shall not (except to the extent required by 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 Preferred Series A Capital Securities Guarantee, if, at the time of any such payment, any amounts are due and unpaid under this Preferred Series A 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 1 contract
Samples: Series a Capital Securities Guarantee (K N Capital Trust One)
Subrogation. The Guarantor shall be subrogated to all (if any) rights of the Holders of Preferred Securities against the Issuer Flagstar Trust in respect of any amounts paid to such Holders by the Guarantor under this Preferred Securities Guarantee; provided, however, that the Guarantor shall not (except to the extent required by 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 Preferred Securities Guarantee, if, at the time of any such payment, any amounts are due and unpaid under this Preferred 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 1 contract
Samples: Preferred Securities Guarantee Agreement (Flagstar Trust)
Subrogation. The Guarantor shall be subrogated to all (all, if any) , rights of the Holders of the Preferred Securities against the Issuer Trust in respect of any amounts paid to such Holders by the Guarantor under this Preferred Securities Guarantee; provided, however, that the Guarantor shall not (except to the extent required by 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 Preferred Securities Guarantee, if, at the time of any such payment, any amounts are due and unpaid under this Preferred 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 1 contract
Samples: Preferred Securities Guarantee Agreement (First Busey Statutory Trust V)
Subrogation. The Guarantor shall be subrogated to all (if any) rights of the Holders of the Preferred Securities against the Issuer Trust in respect of any amounts paid to such Holders by the Guarantor under this Preferred Securities Guarantee; providedPROVIDED, howeverHOWEVER, that the Guarantor shall not (except to the extent required by 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 Preferred Securities Guarantee, if, at the time of any such payment, any amounts are due and unpaid under this Preferred 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 1 contract
Samples: Preferred Securities Guarantee Agreement (Old Second Bancorp Inc)
Subrogation. The Guarantor shall be subrogated to all rights (if any) rights of the Holders of the Preferred Securities against the Issuer Trust in respect of any amounts paid to such Holders by the Guarantor under this Preferred Securities Guarantee; provided, however, that the Guarantor shall not (except to the extent required by 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 Preferred Securities Guarantee, if, at the time of any such payment, any amounts are due and unpaid under this Preferred 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 1 contract
Samples: Preferred Securities Guarantee Agreement (NPB Capital Trust Ii)
Subrogation. The Guarantor shall be subrogated to all (if any) rights of the Holders of Preferred Securities against the Issuer UBCT in respect of any amounts paid to such Holders by the Guarantor under this Preferred Securities Guarantee; provided, however, that the Guarantor shall not (except to the extent required by 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 Preferred Securities Guarantee, if, at the time of any such payment, any amounts are due and unpaid under this Preferred 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 1 contract
Samples: Preferred Securities Guarantee Agreement (Union Bankshares Capital Trust I)
Subrogation. The Guarantor shall be subrogated to all (if any) rights of the Common Holders of Preferred Securities against the Issuer Series G Trust in respect of any amounts paid to such Common Holders by the Guarantor under this Preferred Series G Common Securities Guarantee; provided, however, that the Guarantor shall not (except to the extent required by 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 Preferred Series G Common Securities Guarantee, if, at the time of any such payment, any amounts are due and unpaid under this Preferred Series G 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 Common Holders and to pay over such amount to the Common Holders.
Appears in 1 contract
Subrogation. The Guarantor shall be subrogated to all (if any) rights of the Holders of Preferred Securities against the Issuer in respect of any amounts paid to such the Holders by the Guarantor under this Preferred Securities GuaranteeExchange Guarantee 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 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 Preferred Securities Exchange Guarantee, if, if at the time of any such payment, any amounts are due and unpaid under this Preferred Securities Exchange 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 Preferred Securities against the Issuer in respect of any amounts paid to such Holders by the Guarantor under this Preferred Securities GuaranteeGuaranty; provided, however, that the Guarantor shall not (except to the extent required by 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 Preferred Securities GuaranteeGuaranty, if, at the time of any such payment, any amounts are due and unpaid under this Preferred Securities GuaranteeGuaranty. 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: Preferred Securities Guaranty Agreement (ServisFirst Bancshares, Inc.)
Subrogation. The Guarantor shall be subrogated to all (if any) rights of the Holders of Preferred Securities against the Issuer in respect of any amounts paid to such Holders by the Guarantor under this Trust Preferred Securities Guarantee; providedPROVIDED, howeverHOWEVER, that the Guarantor shall not (except to the extent required by 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 Preferred Securities Guarantee, if, at the time of any such payment, any amounts are due and unpaid under this Trust Preferred 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 1 contract
Samples: Trust Preferred Securities Guarantee Agreement (Independent Capital Trust Ii)
Subrogation. The Guarantor shall be subrogated to all (if any) rights of the Holders of Preferred Securities against the Issuer in respect of any amounts paid to such the Holders by the Guarantor under this Preferred Securities GuaranteeGuarantee Agreement; provided, however, that the Guarantor shall not (except to the extent required by 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 Preferred Securities GuaranteeGuarantee Agreement, if, at the time of any such payment, any amounts are due and unpaid under this Preferred Securities 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 1 contract
Samples: Preferred Securities Guarantee Agreement (Seitel Capital Trust Ii)
Subrogation. The Guarantor shall be subrogated to all (if any) rights of the Holders of Preferred Securities against the Issuer in respect of any amounts paid to such Holders by the Guarantor under this Preferred Securities Guarantee; provided, however, that the Guarantor shall not (except to the extent required by mandatory provisions provi- sions 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 Preferred Securities Guarantee, if, at the time of any such payment, any amounts are due and unpaid under this Preferred 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 1 contract
Samples: Preferred Securities Guarantee Agreement (Sterling Bancshares Inc)
Subrogation. The Guarantor shall be subrogated to all (if any) rights of the Holders of Preferred Securities against the Issuer in respect of any amounts paid to such Holders by the Guarantor under this Preferred Securities GuaranteeGuarantee Agreement; providedPROVIDED, howeverHOWEVER, that the Guarantor shall not (except to the extent required by 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 Preferred Securities GuaranteeGuarantee Agreement, if, at the time of any such payment, any amounts are due and unpaid under this Preferred Securities 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 1 contract
Samples: Preferred Securities Guarantee Agreement (Southwest Gas Corp)
Subrogation. The Guarantor shall be subrogated to all (if any) rights of the Common Holders of Preferred Securities against the Issuer Series D Trust in respect of any amounts paid to such Common Holders by the Guarantor under this Preferred Series D Common Securities Guarantee; provided, however, that the Guarantor shall not (except to the extent required by 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 Preferred Series D Common Securities Guarantee, if, at the time of any such payment, any amounts are due and unpaid under this Preferred Series D 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 Common Holders and to pay over such amount to the Common Holders.
Appears in 1 contract
Subrogation. The Guarantor shall be subrogated to all (if any) rights of the Holders of Preferred Securities against the Issuer Trust in respect of any amounts paid to such Holders by the Guarantor under this Preferred Securities Guarantee; provided, however, that the Guarantor shall not (except to the extent required by 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 Preferred Securities Guarantee, if, if at the time of any such payment, payment any amounts are due and unpaid under this Preferred 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 1 contract
Samples: Preferred Securities Guarantee Agreement (Southside Capital Trust I)
Subrogation. The Guarantor shall be subrogated to all (if any) rights of the Holders of Preferred Securities against the Issuer in respect of any amounts paid to such the Holders by the Guarantor under this Preferred Securities GuaranteeGuarantee Agreement; provided, however, that the Guarantor shall not (except to the extent required by 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 Preferred Securities GuaranteeGuarantee Agree- ment, if, at the time of any such payment, any amounts of Guar- xxxxx Payments are due and unpaid under this Preferred Securities GuaranteeGuarantee Agree- ment. If any amount shall be paid to the Guarantor in violation xxxxx- tion 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 Preferred Securities against the Issuer in respect of any amounts paid to such Holders by the Guarantor under this Preferred Securities Common Secu rities Guarantee; provided, however, that the Guarantor shall not (except to the extent required by 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 Preferred Common Securities Guarantee, if, at the time of any such payment, any amounts are due and unpaid under this Preferred 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 1 contract
Subrogation. The Guarantor shall be subrogated to all (if any) rights of the Holders of Preferred the Securities against the Issuer in respect of any amounts paid to such Holders by the Guarantor under this Preferred Capital Securities Guarantee; provided, however, that the Guarantor shall not (except to the extent required by 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 Preferred Capital Securities Guarantee, if, at the time of any such payment, any amounts are due and unpaid under this Preferred 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 1 contract
Samples: Capital Securities Guarantee Agreement (Bank of America Corp /De/)
Subrogation. The Guarantor shall be subrogated to all (if ----------- any) rights of the Holders of Preferred Securities against the Issuer in respect of any amounts paid to such Holders by the Guarantor under this Preferred Securities Guarantee; provided, however, that the Guarantor shall not (except to the extent required by 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 Preferred Securities Guarantee, if, at the time of any such payment, any amounts are due and unpaid under this Preferred 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 Preferred Guarantee Trustee for the benefit of the Holders.
Appears in 1 contract
Samples: Preferred Securities Guarantee Agreement (Motorola Inc)
Subrogation. The Guarantor shall be subrogated to all ----------- (if any) rights of the Holders of Preferred Capital Securities against the Issuer in respect of any amounts paid to such Holders by the Guarantor under this Preferred Capital Securities Guarantee; provided, however, that the Guarantor shall not (except to -------- ------- the extent required by 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 Preferred Capital Securities Guarantee, if, at the time of any such payment, any amounts are due and unpaid under this Preferred 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 1 contract
Samples: Capital Securities Guarantee Agreement (Nationwide Financial Services Capital Trust)
Subrogation. The Guarantor shall be subrogated to all (if any) rights of the Holders of Preferred Securities against the Issuer Trust in respect of any amounts paid to such Holders by the Guarantor under this Preferred Securities Guarantee; provided, however, that the Guarantor shall not (except to the extent required by 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 Preferred Securities Guarantee, if, at the time of any such payment, any amounts are due and unpaid to the Holders of Preferred Securities under this Preferred 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 1 contract
Subrogation. The Guarantor shall be subrogated to all (if any) rights of the Holders of Preferred Capital Securities against the Issuer in respect of any amounts paid to such Holders by the Guarantor under this Preferred Capital Securities Guarantee; provided, however, that the Guarantor shall not (except to the extent required by 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 Preferred Capital Securities Guarantee, if, at the time of any such payment, any amounts are due and unpaid under this Preferred 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.Guarxxxxx
Appears in 1 contract
Samples: Capital Securities Guarantee Agreement (MCN Financing Iv)
Subrogation. The Guarantor Each of the Guarantors shall be subrogated to all (if any) rights of the Holders of Preferred Securities against the Issuer in respect of any amounts paid to such Holders by the such Guarantor under this Preferred Securities Guarantee; provided, however, that the neither Guarantor shall not (except to the extent required by 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 Preferred Securities Guarantee, if, at the time of any such payment, any amounts are due and unpaid under this Preferred Securities Guarantee. If any amount shall be paid to the Guarantor Guarantors in violation of the preceding sentence, each of the Guarantor Guarantors agrees to hold such amount in trust for the Holders and to pay over such amount to the Holders.
Appears in 1 contract
Samples: Preferred Securities Guarantee Agreement (Countrywide Financial Corp)
Subrogation. The Guarantor shall be subrogated to all (if any) rights of the Holders of Preferred Capital Securities against the Issuer Trust in respect of any amounts paid to such the Holders of Capital Securities by the Guarantor under this Preferred Capital Securities GuaranteeGuarantee Agreement; provided, however, that the Guarantor shall not (except to the extent required by 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 Preferred Capital Securities GuaranteeGuarantee Agreement, if, at the time of any such payment, any amounts are due and unpaid under this Preferred Capital Securities 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 Capital Securities and to pay over such amount to the HoldersHolders of Capital Securities.
Appears in 1 contract
Samples: Capital Securities Guarantee Agreement (Bremer Financial Corporation)
Subrogation. The Guarantor Each of the Guarantors shall be subrogated to all rights (if any) rights of the Holders of Preferred Securities against the Issuer Trust in respect of any amounts paid to such the Holders by either of the Guarantor Guarantors, respectively, under this Preferred Securities GuaranteeGuarantee Agreement; provided, however, that the Guarantor Guarantors shall not (except to the extent required by mandatory provisions of law) be entitled to enforce or exercise any right that it rights which they may acquire by way of subrogation or any indemnity, reimbursement or other agreement, in all cases as a result of payment under this Preferred Securities GuaranteeGuarantee Agreement, if, at the time of any such payment, any amounts are due and unpaid under this Preferred Securities GuaranteeGuarantee Agreement. If any amount shall be paid to either of the Guarantor Guarantors in violation of the preceding sentence, the Guarantor or the Additional Guarantor, as the case may be, 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 Preferred Securities against the Issuer in respect of any amounts paid to such Holders by the Guarantor under this Preferred Trust Capital Securities Guarantee; provided, however, that the Guarantor shall not (except to the extent required by 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 Preferred Trust Capital Securities Guarantee, if, at the time of any such payment, any amounts are due and unpaid under this Preferred Trust 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 1 contract
Samples: Trust Capital Securities Guarantee Agreement (Commerce Bancorp Inc /Nj/)
