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 92 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 (Colonial Capital Trust Iv), Preferred Securities Guarantee Agreement (St. Paul Travelers 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 (Independent Bank Corp /Mi/), Convertible Preferred Securities Guarantee Agreement (Bridge Bancorp Inc), Preferred Securities Guarantee Agreement (Capitol Trust Xv)
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), Securities Guarantee Agreement (Citigroup Capital XIX), Capital Securities Guarantee Agreement (Citigroup Capital XXII)
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 Capital Trust II), 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 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 (Silicon Valley Bancshares), Guarantee Agreement (Bancfirst Corp /Ok/), Guarantee Agreement (BFC 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 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: Guarantee Agreement (Xerox Capital Trust I), Capital Securities Guarantee Agreement (Hubco Inc), Guarantee Agreement (Allmerica Financial 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 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 19 contracts
Samples: Capital Securities Guarantee Agreement (Yardville Capital Trust Ii), Securities Guarantee Agreement (Premier Bancorp Inc /Pa/), Guarantee Agreement (Amcore 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 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 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 19 contracts
Samples: Guarantee Agreement (Southwest Gas Corp), Guarantee Agreement (Southwest Gas Corp), Agreement (Pseg Power Capital Trust V)
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 (Protective Life Corp)
Subrogation. The Guarantor shall be subrogated to all (if any) rights of the Holders of Preferred Securities TARGETS against the Issuer in respect of any amounts paid to such Holders by the Guarantor under this Preferred Securities TARGETS 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 TARGETS Guarantee, if, at the time of any such payment, any amounts are due and unpaid under this Preferred Securities TARGETS 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: Guarantee Agreement (Targets Trusts Vi), Guarantee Agreement (Targets Trust Xvii), Guarantee Agreement (Citigroup 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 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: Preferred Securities Guarantee Agreement (Merrill Lynch Preferred Capital Trust Ii), Trust Preferred Securities Guarantee Agreement (Uds Funding Ii Lp), Trust Preferred Securities Guarantee Agreement (CNF Transportation 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 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), Securities Guarantee Agreement (Aon Corp), Guarantee Agreement (Burlington Resources Finance Co)
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 14 contracts
Samples: Common Securities Guarantee Agreement (Sovereign Bancorp Inc), Common Securities Guarantee Agreement (Sovereign Bancorp Inc), Common Securities Guarantee Agreement (Suntrust Capital Iv)
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 (Peoples Bancorp Inc), Guarantee Agreement (Hubco Inc), Guarantee Agreement (Markel 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 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: Agreement (Lincoln National Capital Vi), Guarantee Agreement (Republic New York 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 Iv), Preferred Securities Guarantee Agreement (Valley National Bancorp), 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 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 Vi), Common 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 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 (Independent Bank Corp), Preferred Securities Guarantee Agreement (Viatel Inc), Preferred Securities Guarantee Agreement (First Merchants Capital Trust I)
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 (Puget Energy Inc /Wa), Common Securities Guarantee Agreement (Protective Life Corp)
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: Preferred Securities Guarantee Agreement (American Equity Investment Life Holding Co), Preferred Securities Guarantee Agreement (American Equity Investment Life Holding Co), Trust Preferred Securities Guarantee Agreement (Front Range Capital Trust 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 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), Preferred Securities Guarantee Agreement (Westcoast Hospitality Capital Trust)
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 (Public Service Co of Colorado), Guarantee Agreement (Public Service Co of Colorado), Guarantee Agreement (Scottish Annuity & Life Holdings LTD)
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 (Great Southern Capital Trust IV), Capital Securities Guarantee Agreement (Great Southern Capital Trust IV), Capital Securities Guarantee Agreement (First Financial 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 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 Iii), Preferred Securities Guarantee Agreement (Cendant Capital V), Preferred Securities Guarantee Agreement (American Heritage Life Investment 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 8 contracts
Samples: Preferred Securities Guarantee Agreement (Conseco Inc Et Al), Securities Guarantee Agreement (Conseco Inc Et Al), Preferred Securities Guarantee Agreement (Conseco Inc)
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 (Metlife Capital Trust Iii), Preferred Securities Guarantee Agreement (Cendant Corp)
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 (Dte Energy Co), 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 the Notes against the Issuer Company in respect of any amounts paid to such Holders by the Guarantor under this Preferred Securities GuaranteeSupplemental Indenture; 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 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 8 contracts
Samples: Supplemental Indenture (Aegon Funding Corp Ii), Supplemental Indenture (Aegon Funding Corp Ii), Supplemental Indenture (Aegon Funding Corp Ii)
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 (Coastal Corp), Common Securities Guarantee Agreement (Coastal Corp), Common Securities Guarantee Agreement (Xl Capital LTD)
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 (Independent Capital Trust I), Trust Preferred Securities Guarantee Agreement (Local Financial Capital Trust I)
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 (Central Parking Corp), Preferred Securities Guarantee Agreement (Warnaco Group Inc /De/), Preferred Securities Guarantee Agreement (Walbro Capital Trust)
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 Enterprises Inc/De/), Common Securities Guarantee Agreement (Circus Finance Ii), Common Securities Guarantee Agreement (Xl Capital LTD)
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), 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: Common Securities Guarantee Agreement (Cascade Financial Corp), Common Securities Guarantee Agreement (Hawthorne Financial Corp), Common Securities Guarantee Agreement (Astoria Capital Trust 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 the Holders by the Guarantor under this Preferred Securities GuaranteeGuarantee Agreement and shall have the right to waive payment by the Issuer Trust pursuant to Section 5.1; provided, however, that the Guarantor shall not (except to the extent required by 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 6 contracts
Samples: Guarantee Agreement (State Street Corp), Guarantee Agreement (Schwab Charles Corp), Guarantee Agreement (Schwab 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 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 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 6 contracts
Samples: Preferred Securities Guarantee Agreement (Chemed Corp), Preferred Securities Guarantee Agreement (Chemed Capital Trust), Securities Guarantee Agreement (Continental Airlines Inc /De/)
Subrogation. The Guarantor 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 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 Guarantee, ifGuarantee Agreement, at the time of any such payment, any amounts are due and unpaid under this Preferred Guarantee Agreement or any payments are due to the holders of Capital Securities Guaranteeunder the Trust Agreement. If any amount shall be paid to the Guarantor in violation of the preceding sentence, the Guarantor agrees to hold such amount in trust for the Holders and to pay over such amount to the Holders.
Appears in 6 contracts
Samples: Securities Guarantee Agreement (Dillards Inc), Guarantee Agreement (Morgan Stanley Dean Witter & Co), Guarantee Agreement (MSDW Capital Trust V)
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 Guarantor Trustee for the benefit of the Holders.
Appears in 5 contracts
Samples: Guarantee Agreement (HPT Capital Trust I), Guarantee Agreement (Alcoa Trust I), Guarantee Agreement (SNH Nebraska Inc)
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 the Guarantor such Guarantors 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 5 contracts
Samples: Guarantee Agreement (Popular Inc), Guarantee Agreement (Popular Inc), Agreement (Popular North America 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: Guarantee Agreement (Great Western Financial Trust I /De/), Guarantee Agreement (Great Western Financial Trust Iii), Guarantee Agreement (Great Western Financial Trust I /De/)
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 Series A Capital 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 5 contracts
Samples: Capital Securities Guarantee Agreement (Advanta Corp), Telebanc Capital Trust I, Hamilton Capital Trust I
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 (Wendys International Inc), Preferred Securities Guarantee Agreement (CNF Transportation Inc), Preferred Securities Guarantee Agreement (Nuevo Energy Co)
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 5 contracts
Samples: Guarantee Agreement (Us Home & Garden Trust I), Guarantee Agreement (Us Home & Garden Trust I), Guarantee Agreement (Us Home & Garden Trust I)
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), Administration 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 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 Issuer 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 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 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: Guarantee Agreement (Wells Fargo Capital XVIII), Guarantee Agreement (National City Corp), Form of Guarantee Agreement (Huntington Bancshares Inc/Md)
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 GuaranteeTrust Guarantee and shall have the right to waive payment by the Trust 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 Trust Guarantee, if, at the time of any such payment, any amounts are due and unpaid under this Preferred Securities Trust Guarantee. If any amount shall be paid to the Guarantor in violation of the preceding sentence, the Guarantor agrees to hold such amount in trust for the Holders and to pay over such amount to the Holders.
Appears in 5 contracts
Samples: Trust Guarantee Agreement (Maui Electric Co LTD), Trust Guarantee Agreement (Hawaiian Electric Co Inc), Trust Guarantee Agreement (Hawaiian Electric Co 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: Securities Guarantee Agreement (RenaissanceRe Finance Inc.), Securities Guarantee Agreement (RenaissanceRe Finance Inc.), Securities Guarantee Agreement (RenaissanceRe Finance 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 5.01; 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 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 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 4 contracts
Samples: Guarantee Agreement (Highlands Capital Trust I), Guarantee Agreement (Guaranty Capital Trust I), Guarantee Agreement (Southern Financial Capital Trust I)
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: www.sec.gov, 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 (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 (Affiliated Managers Group Inc), Guarantee Agreement (Boston Private Financial Holdings Inc)
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: Debt Securities Guarantee Agreement (RenaissanceRe Finance Inc.), Debt Securities Guarantee Agreement (RenaissanceRe Finance Inc.), Debt Securities Guarantee Agreement (RenaissanceRe Finance 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 501; 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 4 contracts
Samples: Guarantee Agreement (Central Power & Light Co /Tx/), Guarantee Agreement (Southwestern Electric Power Co), Guarantee Agreement (Public Service Co of Oklahoma)
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; 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 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 4 contracts
Samples: Guarantee Agreement (Pacific Crest Capital Inc), Guarantee Agreement (Silicon Valley Bancshares), Guarantee Agreement (SVB Capital I)
Subrogation. The Additional Guarantor shall be subrogated to all rights (if any) rights of the Holders of Preferred Securities against the Issuer Trust and the Original Guarantor in respect of any amounts paid to such Holders by the Additional Guarantor under this Preferred Securities GuaranteeAgreement; 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 and to pay over such amount to the Holders.
Appears in 3 contracts
Samples: Preferred Securities Guarantee (At&t Broadband LLC), Preferred Securities Guarantee (At&t Broadband LLC), Preferred Securities Guarantee (At&t Broadband LLC)
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 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.. SECTION 5.7
Appears in 3 contracts
Samples: Guarantee Agreement (Simmons First National Corp), Guarantee Agreement (Simmons First National Corp), Guarantee Agreement (Simmons First National 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 5.01; 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 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 3 contracts
Samples: Guarantee Agreement (Bancorpsouth Inc), North Fork Bancorporation Inc, North Fork Bancorporation 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 (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 (Sky Financial Capital Trust I), Common Securities Guarantee Agreement (Bfoh 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 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), Securities Guarantee Agreement (Abc Bancorp Capital Trust I), Securities Guarantee Agreement (Abc Bancorp 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 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), 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 (Txu Europe Funding I L P), Securities Guarantee Agreement (Texas Utilities Co /Tx/), Preferred Partnership Securities Guarantee Agreement (Txu Europe Funding I L P)
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: Indenture (Transamerica Finance Corp), Supplemental Indenture (Transamerica Finance Corp), Supplemental Indenture (Transamerica Finance Corp)
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 (Txu Europe Funding I L P), Preferred Trust Securities Guarantee Agreement (Texas Utilities Co /Tx/), Preferred Trust Securities Guarantee Agreement (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 Trust in respect of any amounts paid to such the Holders by the Guarantor under this Preferred Capital Securities GuaranteeGuarantee 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 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: Securities Guarantee Agreement (Downey Financial Capital Trust Iii), Downey Financial Capital Trust Iii, Downey Financial Corp
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 rights (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 3 contracts
Samples: Guarantee Agreement (First Niagara Financial Group Inc), Guarantee Agreement (Regions Financing Trust Iii), Guarantee Agreement (Regions Financing Trust Iii)
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: GBB Capital V, Westbank Capital Trust I, NHTB 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 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, 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: Guarantee Agreement (Republic New York Capital Iv), Guarantee Agreement (Republic New York Capital Ii), Guarantee Agreement (Republic New York Capital 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; 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 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 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 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: Trust Preferred Securities 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 rights (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 GuaranteeAgreement 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 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 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: Subordinated Guarantee Agreement (Adelphia Communications Corp), Senior Guarantee Agreement (Adelphia Communications 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 Additional Guarantor shall be subrogated to all (if any) rights of the Holders of Preferred Securities against the Issuer Trust and the Original Guarantor in respect of any amounts paid to such the Holders by the Additional Guarantor under this Preferred Securities GuaranteeAgreement; 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 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 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 and to pay over such amount to the Holders. SECTION 8.
Appears in 2 contracts
Samples: Guarantee Agreement (Time Warner Companies Inc), Guarantee Agreement (Time Warner Companies Inc)
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 Common Securities GuaranteeGuarantee and shall have the right to waive payment by the Issuer pursuant to Section 2.1; 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 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 (Prudential Financial Capital Trust Ii), Common Securities Guarantee Agreement (Prudential Financial 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 and shall have the right to waive payment by the Issuer pursuant to Section 5.01; provided, however, provided 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 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 (Mutual Risk Management LTD), Guarantee Agreement (Cox Communications Inc /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 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 5.01; 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 2 contracts
Samples: Guarantee Agreement (Amerus Capital I), Guarantee Agreement (Amerus Life Holdings Inc)
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; 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 (Downey Financial Corp), Common Securities Guarantee Agreement (Southern Investments Uk Capital Trust 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 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 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 2 contracts
Samples: Guarantee Agreement (Fresenius Medical Care Corp), Guarantee Agreement (Fresenius Medical Care Corp)
Subrogation. The Guarantor 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 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 Guarantee, ifGuarantee Agreement, at the time of any such payment, any amounts are due and unpaid under this Guarantee Agreement or any payments are due to the holders of Trust Preferred Securities Guaranteeunder the Trust 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 (GW Capital Trust II), Guarantee Agreement (GW 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 and shall have the right to waive payment by the Issuer pursuant to Section 501; 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 (Southwestern Electric Power Co), Guarantee Agreement (Central Power & Light Co /Tx/)
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 after giving effect to 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 (Proassurance Corp), Preferred Securities Guarantee Agreement (Proassurance Corp)
Subrogation. (a) 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 (Travelers Insurance Group Holdings Inc), Preferred Securities Guarantee Agreement (Travelers Insurance Group Holdings 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 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 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), Securities Guarantee Agreement (Conseco Inc Et Al)
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 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 (Countrywide Financial Corp), Trust Preferred Securities (WSFS Financial Corp)
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 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 2 contracts
Samples: Trust Common Securities Guarantee Agreement (Westcoast Hospitality Corp), Common Securities Guarantee Agreement (Westcoast Hospitality Capital Trust)
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 501; provided, 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 2 contracts
Samples: Guarantee Agreement (Nevada Power Co), Guarantee Agreement (Nevada Power Co)
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 (Greater Bay Bancorp), Common Securities Guarantee Agreement (GBB Capital V)
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: Securities Guarantee Agreement (Sun Healthcare Group Inc), Securities Guarantee Agreement (Sun Healthcare Group Inc)
Subrogation. The Guarantor shall be subrogated to all (if any) rights of the Holders of Partnership Preferred Securities against the Issuer Citizens Capital 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, 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: Partnership Preferred Securities Guarantee Agreement (Citizens Utilities Capital L P), Partnership Preferred Securities Guarantee Agreement (Citizens Utilities Capital 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 GuaranteeGuarantee 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 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: Guarantee Agreement (Prudential Financial Capital Trust Ii), Guarantee Agreement (Prudential Financial 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 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 (Torchmark Corp), Preferred Securities Guarantee Agreement (Torchmark 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; providedPROVIDED, 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 2 contracts
