Trust Indenture Act; Application. If any provision hereof limits, qualifies or conflicts with a provision of the Trust Indenture Act that is required under such Act to be a part of and govern this Guarantee Agreement, the provision of the Trust Indenture Act shall control. If any provision of this Guarantee Agreement modifies or excludes any provision of the Trust Indenture Act that may be so modified or excluded, the latter provision shall be deemed to apply to this Guarantee Agreement as so modified or excluded, as the case may be.
Appears in 48 contracts
Samples: Guarantee Agreement (SBCF Capital Trust IV), Guarantee Agreement (FFBC Capital Trust I), Guarantee Agreement (M&t Bank Corp)
Trust Indenture Act; Application. If any provision hereof limits, qualifies or conflicts with a provision of the Trust Indenture Act that is required under such Act to be a part of and govern this Guarantee Agreement, the provision of the Trust Indenture Act shall control. If any provision of this Guarantee Agreement modifies or excludes any provision of the Trust Indenture Act that may be so modified or excluded, the latter provision shall be deemed to apply to this Guarantee Agreement as so modified or excluded, as the case may be.
Appears in 14 contracts
Samples: Preferred Securities Guarantee Agreement (American Safety Insurance Group LTD), Junior Subordinated Debentures Guarantee Agreement (American Safety Insurance Group LTD), Guarantee Agreement (Sman Capital Trust 1)
Trust Indenture Act; Application. If any provision hereof limits, qualifies or conflicts with a provision of the Trust Indenture Act that is required under such Act to be a part of and govern this Guarantee Agreement, the provision of the Trust Indenture Act shall control. If any provision of this Guarantee Agreement modifies or excludes any provision of the Trust Indenture Act that may be so modified or excluded, the latter provision shall be deemed to apply to this Guarantee Agreement Indenture as so modified or to be excluded, as the case may be.
Appears in 6 contracts
Samples: Guarantee Agreement (First Empire Capital Trust I), Guarantee Agreement (First Empire Capital Trust I), Capital Securities Guarantee Agreement (Dillards Inc)
Trust Indenture Act; Application. If and to the extent any provision hereof limits, qualifies or conflicts with a provision of the Trust Indenture Act that is required under such Act to be a part of and govern this Guarantee Agreement, the provision of the Trust Indenture Act shall control. If any provision of this Guarantee Agreement modifies or excludes any provision of the Trust Indenture Act that may be so modified or excluded, the latter provision shall be deemed to apply to this Guarantee Agreement as so modified or excluded, as the case may be.
Appears in 3 contracts
Samples: Guarantee Agreement (Gainsco Inc), Guarantee Agreement (Gainsco Inc), Guarantee Agreement (Assuranceamerica Corp)
Trust Indenture Act; Application. If any provision hereof limits, qualifies or conflicts with a provision of the Trust Indenture Act that is required under such Act to be a part apart of and govern this Guarantee Agreement, the provision of the Trust Indenture Act shall control. If any provision of this Guarantee Agreement modifies or excludes any provision of the Trust Indenture Act that may be so modified or excluded, the latter provision shall be deemed to apply to this Guarantee Agreement Indenture as so modified or to be excluded, as the case may be.
Appears in 3 contracts
Samples: Capital Securities Guarantee Agreement (Morgan Stanley Dean Witter & Co), Guarantee Agreement (Pxre Capital Trust Iv), Capital Securities Guarantee Agreement (MSDW Capital Trust V)
Trust Indenture Act; Application. If any provision hereof limits, qualifies or conflicts with a provision of the Trust Indenture Act that is required under such Act to be a part of and govern this Guarantee AgreementIndenture, the provision of the Trust Indenture Act shall control. If any provision of this Guarantee Agreement Indenture modifies or excludes any provision of the Trust Indenture Act that may be so modified or excluded, the latter provision shall be deemed to apply to this Guarantee Agreement Indenture as so modified or to be excluded, as the case may be.
Appears in 2 contracts
Samples: Guarantee Agreement (Jeffbanks Inc), Guarantee Agreement (First Empire State Corp)
Trust Indenture Act; Application. If any provision hereof limits, qualifies or conflicts with a provision of the Trust Indenture Act that is required under such Act to be a part apart of and govern this Guarantee Agreement, the provision of the Trust Indenture Act shall control. If any provision of this Guarantee Agreement modifies or excludes any provision of the Trust Indenture Act that 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: Capital Securities Guarantee Agreement (Morgan Stanley Capital Trust VIII), Capital Securities Guarantee Agreement (Morgan Stanley Capital Trust VIII)
Trust Indenture Act; Application. If any provision hereof limits, qualifies or conflicts with a provision of the Trust Indenture Act that is required under such Act to be a part of and govern this Guarantee AgreementExchange Guarantee, the provision of the Trust Indenture Act shall control. If any provision of this Exchange Guarantee Agreement modifies or excludes any provision of the Trust Indenture Act that may be so modified or excluded, the latter provision shall be deemed to apply to this Exchange Guarantee Agreement as so modified or excluded, as the case may be.
Appears in 1 contract
Trust Indenture Act; Application. If any provision hereof limits, qualifies or conflicts with a provision of the Trust Indenture Act that is required under such Act to be a part of and govern this Exchange Guarantee Agreement, the provision of the Trust Indenture Act shall control. If any provision of this Exchange Guarantee Agreement modifies or excludes any provision of the Trust Indenture Act that may be so modified or excluded, the latter provision shall be deemed to apply to this Exchange Guarantee Agreement as so modified or excluded, as the case may be.
Appears in 1 contract
