Trust Indenture Act; Application. (a) This Guarantee Agreement is subject to the provisions of the Trust Indenture Act that are required to be part of this Guarantee Agreement and shall, to the extent applicable, be governed by such provisions. (b) If and to the extent that any provision of this Guarantee Agreement limits, qualifies or conflicts with the duties imposed by Sections 310 to 317, inclusive, of the Trust Indenture Act through the operation of Section 318(c) thereof, such imposed duties shall control. If any provision of this Guarantee Agreement modifies or excludes any provision of the Trust Indenture Act which may be so modified or excluded, the latter provision shall be deemed to apply to this Guarantee Agreement as so modified or to be excluded, as the case may be.
Appears in 33 contracts
Samples: Guarantee Agreement (Goldman Sachs Capital III), Guarantee Agreement (Goldman Sachs Group Inc), Guarantee Agreement (Goldman Sachs Group Inc)
Trust Indenture Act; Application. (a) This Guarantee Agreement is subject to the provisions of the Trust Indenture Act that are required to be part of this Guarantee Agreement and shall, to the extent applicable, be governed by such provisions.
(b) If and to the extent that any provision of this Guarantee Agreement limits, qualifies or conflicts with the duties imposed by Sections 310 to 317, inclusive, of the Trust Indenture Act through the operation of Section 318(c) thereof, such imposed duties shall control. If any provision of this Guarantee Agreement modifies or excludes any provision of the Trust Indenture Act which may be so modified or excluded, the latter provision shall be deemed to apply to this Guarantee Agreement as so modified or to be excluded, as the case may be.
Appears in 28 contracts
Samples: Guarantee Agreement (Fifth Third Capital Trust VIII), Guarantee Agreement (BEE Financing Trust III), Guarantee Agreement (CT Public Preferred Trust III)
Trust Indenture Act; Application. (a) This Guarantee Agreement is subject to the provisions of the Trust Indenture Act that are required to be part of this Guarantee Agreement and shall, to the extent applicable, be governed by such provisions.
(b) If and to the extent that any provision of this Guarantee Agreement limits, qualifies or conflicts with the duties imposed by Sections Section 310 to and 317, inclusive, of the Trust Indenture Act through the operation of Section 318(c) thereof, such imposed duties shall control. If any provision of this Guarantee Agreement modifies or excludes any provision of the Trust Indenture Act which may be so modified or excluded, the latter provision shall be deemed to apply to this Guarantee Agreement as so modified or to be excluded, as the case may be.
Appears in 11 contracts
Samples: Guarantee Agreement (Bank of New York Co Inc), Guarantee Agreement (Seacoast Financial Services Corp), Guarantee Agreement (Seacoast Financial Services Corp)
Trust Indenture Act; Application. (a) This Guarantee Agreement is subject to the provisions of the Trust Indenture Act that are required to be part of this Guarantee Agreement and shall, to the extent applicable, be governed by such provisions.
(b) If and to the extent that any provision of this Guarantee Agreement limits, qualifies or conflicts with the duties imposed by Sections Section 310 to 317, inclusive, of the Trust Indenture Act through the operation of Section 318(c) thereof, such imposed duties shall control. If any provision of this Guarantee Agreement modifies or excludes any provision of the Trust Indenture Act which may be so modified or excluded, the latter provision shall be deemed to apply to this Guarantee Agreement as so modified or to be excluded, as the case may be.
Appears in 9 contracts
Samples: Guarantee Agreement (Fifth Third Capital Trust Iv), Guarantee Agreement (Fifth Third Capital Trust Iv), Guarantee Agreement (Fifth Third Bancorp)
Trust Indenture Act; Application. (a) This Guarantee Agreement is subject to the provisions of the Trust Indenture Act that are required to be part of this Guarantee Agreement and shall, to the extent applicable, be governed by such provisions.
(b) If and to the extent that any provision of this Guarantee Agreement limits, qualifies or conflicts with the duties imposed by Sections 310 to 317, inclusive, of the Trust Indenture Act through the operation of Section 318(c) thereofAct, such imposed duties shall control. If any provision of this Guarantee Agreement modifies or excludes any provision of the Trust Indenture Act which that may be so modified or excluded, the latter modified or excluded provision of the Trust Indenture Act shall be deemed to apply to this Guarantee Agreement as so modified or to be excluded, as the case may be.
Appears in 5 contracts
Samples: Guarantee Agreement (Fulton Capital Trust IV), Guarantee Agreement (Fulton Capital Trust IV), Guarantee Agreement (Fulton Capital Trust IV)
Trust Indenture Act; Application. (a) This Guarantee Agreement is subject to the provisions of the Trust Indenture Act that are required to be part of this Guarantee Agreement and shall, to the extent applicable, be governed by such provisions.
(b) If and to the extent that any provision of this Guarantee Agreement limits, qualifies or conflicts with another provision hereof which is required or deemed to be included in this Guarantee Agreement by any of the duties imposed by Sections 310 to 317, inclusive, provisions of the Trust Indenture Act through the operation of Section 318(c) thereofAct, such imposed duties required or deemed provision shall control. If any provision of this Guarantee Agreement modifies or excludes any provision of the Trust Indenture Act which may be so modified or excluded, the latter provision shall be deemed to apply to this Guarantee Agreement as so modified or to be excluded, as the case may be.
Appears in 5 contracts
Samples: Guarantee Agreement (Popular Inc), Guarantee Agreement (Popular Inc), Guarantee Agreement (Popular North America Capital Trust Iii)
Trust Indenture Act; Application. (a) This Capital Securities Guarantee Agreement is subject to the provisions of the Trust Indenture Act that are required to be part of this Capital Securities Guarantee Agreement and shall, to the extent applicable, be governed by such provisions.
(b) If and to the extent that any provision of this Capital Securities Guarantee Agreement limits, qualifies or conflicts with the duties imposed by Sections Section 310 to 317, inclusive, of the Trust Indenture Act through the operation of Section 318(c) thereofAct, such imposed duties shall control. If any provision of this Capital Securities Guarantee Agreement modifies or excludes any provision of the Trust Indenture Act which that may be so modified or excluded, the latter modified or excluded provision of the Trust Indenture Act shall be deemed to apply to this Capital Securities Guarantee Agreement as so modified or to be excluded, as the case may be.
Appears in 4 contracts
Samples: Capital Securities Guarantee Agreement (Nara Bancorp Inc), Capital Securities Guarantee Agreement (GBB Capital V), Capital Securities Guarantee Agreement (Matrix Bancorp Inc)
Trust Indenture Act; Application. (a) This Capital Securities Guarantee Agreement is subject to the provisions of the Trust Indenture Act that are required to be part of this Capital Securities Guarantee Agreement and shall, to the extent applicable, be governed by such provisions.
(b) If and to the extent that any provision of this Capital Securities Guarantee Agreement limits, qualifies or conflicts with the duties imposed by Sections 310 to 317, inclusive, of the Trust Indenture Act through the operation of Section 318(c) thereofAct, such imposed duties shall control. If any provision of this Capital Securities Guarantee Agreement modifies or excludes any provision of the Trust Indenture Act which that may be so modified or excluded, the latter modified or excluded provision of the Trust Indenture Act shall be deemed to apply to this Capital Securities Guarantee Agreement as so modified or to be excluded, as the case may be.
Appears in 3 contracts
Samples: Capital Securities Guarantee Agreement (Haven Bancorp Inc), Capital Securities Guarantee Agreement (NHTB Capital Trust I), Capital Securities Guarantee Agreement (Westbank Capital Trust I)
Trust Indenture Act; Application. (a) This Guarantee Agreement is subject to the provisions of the Trust Indenture Act that are required to be part of this Guarantee Agreement and shall, to the extent applicable, be governed by such provisions.
(b) If and to the extent that any provision of this Guarantee Agreement limits, qualifies or conflicts with the duties imposed by Sections 310 to and including 317, inclusive, of the Trust Indenture Act through the operation of Section 318(c) thereof, such imposed duties shall control. If any provision of this Guarantee Agreement modifies or excludes any provision of the Trust Indenture Act which may be so modified or excluded, the latter provision shall be deemed to apply to this Guarantee Agreement as so modified or to be excluded, as the case may be.
Appears in 3 contracts
Samples: Guarantee Agreement (South Carolina Electric & Gas Co), Guarantee Agreement (Scana Corp), Guarantee Agreement (Scana Corp)
Trust Indenture Act; Application. (a) This Guarantee Agreement is subject to the provisions of the Trust Indenture Act that are required to be part of this Guarantee Agreement and shall, to the extent applicable, be governed by such provisions.
(b) If and to the extent that any provision provisions of this Guarantee Agreement limits, qualifies or conflicts with the duties imposed by Sections 310 to 317, inclusive, of the Trust Indenture Act through the operation of Section 318(c) thereof, such imposed duties shall control. If any provision of this Guarantee Agreement modifies or excludes any provision of the Trust Indenture Act which may be so modified or excluded, the latter provision shall be deemed to apply to this Guarantee Agreement as so modified or to be excluded, as the case may be.
Appears in 2 contracts
Samples: Guarantee Agreement (Southern States Capital Trust I), Guarantee Agreement (Southern States Capital Trust Ii)
Trust Indenture Act; Application. (a) This Guarantee Agreement is subject to the provisions of the Trust Indenture Act that are required to be part of this Guarantee Agreement and shall, to the extent applicable, be governed by such provisions.
(b) If and to the extent that any provision of this Guarantee Agreement limits, qualifies or conflicts with the duties imposed by Sections 310 to 317, inclusive, of the Trust Indenture Act through the operation of Section 318(c) thereof, such imposed duties shall control. If any provision of this Guarantee Agreement modifies or excludes any provision of the Trust Indenture Act which may be so modified or excluded, the latter such provision shall be deemed to apply to this Guarantee Agreement as so modified or to be excluded, as the case may be.
Appears in 2 contracts
Samples: Guarantee Agreement (Southwest Bancorp Inc), Guarantee Agreement (Southwest Bancorp Inc)
Trust Indenture Act; Application. (a) This Guarantee Agreement is subject to the provisions of the Trust Indenture Act that are required to be part of this Guarantee Agreement and shall, to the extent applicable, be governed by such provisions.
(b) If and to the extent that any provision of this Guarantee Agreement limits, qualifies or conflicts with the duties imposed by Sections 310 to 317, inclusive, of the Trust Indenture Act through the operation of Section 318(c) thereof, such imposed duties shall control. If any provision of this Guarantee Agreement modifies or excludes any provision of the Trust Indenture Act which may be so modified or excluded, the latter provision shall be deemed to apply to this Guarantee Agreement as so modified or to be excluded, as the case may be.
Appears in 2 contracts
Samples: Senior Guarantee Agreement (Adelphia Communications Corp), Subordinated Guarantee Agreement (Adelphia Communications Corp)
Trust Indenture Act; Application. (a) This Guarantee Agreement is shall be subject to the provisions of the Trust Indenture Act that whether or not such provisions are required or deemed to be a part of this Guarantee Agreement and shall, to the extent applicable, be governed by such provisions.
(b) If and to the extent that any provision of this Guarantee Agreement hereof limits, qualifies or conflicts with another provision hereof which is or would be required or deemed to be included in this Guarantee Agreement by any of the duties imposed by Sections 310 to 317, inclusive, provisions of the Trust Indenture Act through the operation of Section 318(c) thereofAct, such imposed duties required or deemed provision shall control. If any provision of this Guarantee Agreement modifies or excludes any provision of the Trust Indenture Act which may be so modified or excluded, the latter provision shall be deemed to apply to this Guarantee Agreement as so modified or to be excluded, as the case may be.
Appears in 1 contract
Trust Indenture Act; Application. (a) This Guarantee Agreement is subject to the provisions of the Trust Indenture Act that are required to be part of this Guarantee Agreement and shall, to the extent applicable, be governed by such provisions.
(b) If and to the extent that any provision of this Guarantee Agreement limits, qualifies or conflicts with the duties imposed by Sections 310 to 317, inclusive, of the Trust Indenture Act through the operation of Section 318(c) thereof, such imposed duties shall control. If any provision of this Guarantee Agreement modifies or excludes any an provision of the Trust Indenture Act which may be so modified or excluded, the latter provision shall be deemed to apply to this Guarantee Agreement as so modified or to be excluded, as the case may be.
Appears in 1 contract
Trust Indenture Act; Application. (a) This Guarantee Agreement is subject to the provisions of the Trust Indenture Act that are required to be part of this Guarantee Agreement and shall, to the extent applicable, be governed by such provisions.
(b) If and to the extent that any provision of this Guarantee Agreement limits, qualifies or conflicts with the duties imposed by Sections 310 to 317, inclusive, of the Trust Indenture Act Act, through the operation of Section 318(c) thereof, such imposed duties shall control. .
(c) If any provision of this Guarantee Agreement modifies or excludes any provision of the Trust Indenture Act which may be so modified or excluded, the latter provision shall be deemed to apply to this Guarantee Agreement as so modified or to be excluded, as the case may be.
Appears in 1 contract
Trust Indenture Act; Application. (a) This Guarantee Agreement is subject to the provisions of the Trust Indenture Act that are required to be part of this Guarantee Agreement and shallshall be governed, to the extent applicable, be governed by such provisions.; and
(b) If if and to the extent that any provision of this Guarantee Agreement limits, qualifies or conflicts with the duties imposed by Sections Section 310 to 317, inclusive, of the Trust Indenture Act through the operation of Section 318(c) thereofAct, such imposed duties shall control. If any provision of this Guarantee Agreement modifies or excludes any provision of the Trust Indenture Act which that may be so modified or excluded, the latter modified or excluded provision of the Trust Indenture Act shall be deemed to apply to this Guarantee Agreement as so modified or to be excluded, as the case may be.
Appears in 1 contract
Samples: Guarantee Agreement (New York Community Bancorp Inc)
Trust Indenture Act; Application. (a) This Guarantee Agreement is subject to the provisions of the Trust Indenture Act that are required to be part of this Guarantee Agreement and shall, to the extent applicable, be governed by such provisions.. 286
(b) If and to the extent that any provision of this Guarantee Agreement limits, qualifies or conflicts with the duties imposed by Sections 310 to and including 317, inclusive, of the Trust Indenture Act through the operation of Section 318(c) thereof, such imposed duties shall control. If any provision of this Guarantee Agreement modifies or excludes any provision of the Trust Indenture Act which may be so modified or excluded, the latter provision shall be deemed to apply to this Guarantee Agreement as so modified or to be excluded, as the case may be.
Appears in 1 contract
Samples: Guarantee Agreement (Sce&g Trust I)
Trust Indenture Act; Application. (a) This Guarantee Agreement is subject to the provisions of the Trust Indenture Act that are required to be part of this Guarantee Agreement and shall, to the extent applicable, be governed by such provisions.
(b) If and to the extent that any provision of this Guarantee Agreement limits, qualifies or conflicts with the duties imposed by Sections Section 310 to 317, inclusive, of the Trust Indenture Act through the operation of Section 318(c) thereof, such imposed duties shall control. If any provision of this Guarantee Agreement modifies or excludes any provision of the Trust Indenture Act which may be so modified or excluded, the latter provision shall be deemed to apply to this Guarantee Agreement as so modified or to be excluded, as the case may be.
Appears in 1 contract
Trust Indenture Act; Application. (a) This QUIPS Guarantee Agreement is subject to the provisions of the Trust Indenture Act that are required to be part of this QUIPS Guarantee Agreement and shall, to the extent applicable, be governed by such provisions.
(b) If and to the extent that any provision of this QUIPS Guarantee Agreement limits, qualifies or conflicts with the duties imposed by Sections Section 310 to 317, inclusive, of the Trust Indenture Act Act, through the operation of Section 318(c) thereof, such imposed duties shall control. If any provision of this QUIPS Guarantee Agreement modifies or excludes any provision of the Trust Indenture Act which may be so modified or excluded, the latter provision shall be deemed to apply to this QUIPS Guarantee Agreement as so modified or to be excluded, as the case may be.
Appears in 1 contract
Trust Indenture Act; Application. (a) This Guarantee Agreement is subject to the provisions of the Trust Indenture Act that are required to be part of this Guarantee Agreement and shall, to the extent applicable, be governed by such provisions.
(b) If and to the extent that any provision of this Guarantee Agreement limits, qualifies or conflicts with the duties imposed by Sections 310 to 317, inclusive, of the Trust Indenture Act Act, through the operation of Section 318(c) thereof, such imposed duties shall control. .
(c) If any provision of this Guarantee Agreement modifies or excludes any provision of the Trust Indenture Act which may be so modified or excluded, the latter provision shall be deemed to apply to this Guarantee Agreement as so modified or to be excluded, as the case may be.
Appears in 1 contract
Samples: Guarantee Agreement (Bt Preferred Capital Trust Iv)
Trust Indenture Act; Application. (a) This Guarantee Agreement is subject to the provisions of the Trust Indenture Act that are required to be part of this Guarantee Agreement and shall, to the extent applicable, be governed by such provisions.
(b) If and to the extent that any provision of this Guarantee Agreement limits, qualifies or conflicts with the duties imposed by Sections 310 to 317, inclusive, of the Trust Indenture Act Act, through the operation of Section 318(c) thereof, such imposed duties shall control. If any provision of this Guarantee Agreement modifies or excludes any provision of the Trust Indenture Act which may be so modified or excluded, the latter provision shall be deemed to apply to this Guarantee Agreement as so modified or to be excluded, as the case may be.
Appears in 1 contract
Samples: Guarantee Agreement (PMC Capital I)
Trust Indenture Act; Application. (a) This Guarantee Agreement is subject to the provisions of the Trust Indenture Act that are required to be part of this Guarantee Agreement and shall, to the extent applicable, be governed by such those provisions.
(b) . If and to the extent that any provision of this Guarantee Agreement limits, qualifies qualifies, or conflicts with the duties imposed by Sections 310 to 317, inclusive, of the Trust Indenture Act through the operation of Section 318(c) thereof, such those imposed duties shall control. If any provision of this Guarantee Agreement modifies or excludes any provision of the Trust Indenture Act which may be so modified or excluded, the latter provision shall be deemed to apply to this Guarantee Agreement as so modified or to be excluded, as the case may be.
Appears in 1 contract