Common use of Unconditional Right of Holders to Receive Principal, Premium and Interest; Direct Action by Holders of Capital Securities Clause in Contracts

Unconditional Right of Holders to Receive Principal, Premium and Interest; Direct Action by Holders of Capital Securities. Notwithstanding any other provision in this Indenture, the Holder of any Security of any series shall have the right, which is absolute and unconditional, to receive payment of the principal of (and premium, if any) and (subject to Sections 3.8 and 3.12) interest (including Additional Interest, if any) on such Security on the respective Stated Maturities expressed in such Security (or in the case of redemption, on the Redemption Date) and to institute suit for the enforcement of any such payment, and such right shall not be impaired without the consent of such Holder. In the case of Securities of a series issued to an Issuer Trust, any registered holder of Capital Securities issued by such Issuer Trust shall, to the fullest extent permitted by applicable law, have the right, upon the occurrence of an Event of Default described in Sections 5.1(1) or 5.1(2) and subject to the same terms and conditions as provided in Section 5.7 above, provided the term "Holder" used therein shall be changed for purposes of this sentence to "holder of Capital Securities" to institute a suit directly against the Company for enforcement of payment to such holder of principal of (and premium, if any) and (subject to Sections 3.8 and 3.12) interest (including Additional Interest, if any) on the Securities having a principal amount equal to the aggregate Liquidation Amount of such Capital Securities held by such holder.

Unconditional Right of Holders to Receive Principal, Premium and Interest; Direct Action by Holders of Capital Securities. Section 5.8 of the Indenture shall not apply to the Junior Subordinated Debentures. Notwithstanding any other provision in this the Indenture, the each Holder of any Security of any series the Junior Subordinated Debentures shall have the right, which is absolute and unconditional, to receive payment of the principal of (and premium, if any) and (subject to Sections Section 3.8 and 3.12of the Indenture) interest (including any Additional Interest, if any) on such Security the Junior Subordinated Debentures on the respective Stated Maturities expressed in such Security Maturity Date (or or, in the case of redemptionredemption or repayment, on the Redemption Date or the Repayment Date, as the case may be) and to institute suit for the enforcement of any such payment, and such right shall not be impaired without the consent of such Holder. In So long as any Junior Subordinated Debentures are held by or on behalf of the case of Securities of a series issued to an Issuer Trust, any registered holder of the Capital Securities issued by such Issuer the Trust shall, to the fullest extent permitted by applicable law, shall have the right, upon the occurrence of an Event of Default described in Sections 5.1(1Section 2.8(a)(i) or 5.1(2) and subject to the same terms and conditions as provided in Section 5.7 above(ii), provided the term "Holder" used therein shall be changed for purposes of this sentence to "holder of Capital Securities" to institute a suit directly against the Company Corporation for enforcement of payment to such holder Holder of principal of (and premium, if any) and (subject to Sections Section 3.8 and 3.12of the Indenture) interest (including any Additional Interest, if any) on the Securities Junior Subordinated Debentures having a principal amount equal to the aggregate Liquidation Amount of such Capital Securities held by such holderSecurities.

Unconditional Right of Holders to Receive Principal, Premium and Interest; Direct Action by Holders of Capital Securities. Solely for the purposes of the CENts, Section 7.08 of the Indenture shall not apply. Notwithstanding any other provision in this the Indenture, the each Holder of any Security of any series the CENts shall have the right, which is absolute and unconditional, to receive payment of the principal of (and premium, if any) and (subject to Sections 3.8 and 3.12Section 3.07 of the Indenture) interest (including any Additional Interest, if any) on such Security the CENts on the respective Stated Maturities expressed in such Security (or in the case of redemptionFinal Repayment Date, on the Redemption Date) and to institute suit for the enforcement of any such payment, and such right shall not be impaired without the consent of such Holder. In So long as any CENts are held by or on behalf of the case of Securities of a series issued to an Issuer Trust, any registered holder of the Capital Securities issued by such Issuer the Trust shall, to the fullest extent permitted by applicable law, shall have the right, upon (i) the breach by the Company of its obligations under Section 2.1(d) to issue Qualifying Capital Securities or Section 2.1 (i) to issue Qualifying APM Securities or (ii) the occurrence of an Event of Default described in Sections 5.1(1) or 5.1(2) and subject to the same terms and conditions as provided in Section 5.7 above2.1(j), provided the term "Holder" used therein shall be changed for purposes of this sentence to "holder of Capital Securities" to institute a suit directly against the Company (a) in the case of (i) above, to enforce such obligations or for such other remedies as may be available and (b) in the case of (ii) above, for enforcement of payment to such holder Holder of principal of (and premium, if any) and (subject to Sections 3.8 and 3.12Section 3.07 of the Indenture) interest (including any Additional Interest, if any) on the Securities CENts having a principal amount equal to the aggregate Liquidation Amount liquidation amount of such Capital Securities held by such holderSecurities.

Unconditional Right of Holders to Receive Principal, Premium and Interest; Direct Action by Holders of Capital Securities. Notwithstanding any other provision in this Indenture, the Holder of any Security of any series shall have the right, which is absolute and unconditional, to receive payment of the principal of (and premium, if any) and (subject to Sections 3.8 and 3.12) interest (including any Additional Interest, if any) on such Security on the respective Stated Maturities expressed in such Security (or or, in the case of redemption, on the Redemption Date) and to institute suit for the enforcement of any such payment, and such right shall not be impaired without the consent of such Holder. In the case of Securities of a series issued to an Issuer Trust, any registered holder of the series of Capital Securities issued by such Issuer Trust shall, to the fullest extent permitted by applicable law, shall have the right, upon the occurrence of an Event of Default described in Sections Section 5.1(1) or 5.1(2) and subject to the same terms and conditions as provided in Section 5.7 above), provided the term "Holder" used therein shall be changed for purposes of this sentence to "holder of Capital Securities" to institute a suit directly against the Company Bank or the Debenture Guarantor for enforcement of payment to such holder of principal of (and premium, if any) and (subject to Sections 3.8 and 3.12) interest (including any Additional Interest, if any) on the Securities having a principal amount equal to the aggregate Liquidation Amount (as defined in the related Trust Agreement) of such Capital Securities held by such holder.

Unconditional Right of Holders to Receive Principal, Premium and Interest; Direct Action by Holders of Capital Securities. Solely for the purposes of the CENts, Section 7.08 of the Indenture shall not apply. Notwithstanding any other provision in this the Indenture, the each Holder of any Security of any series the CENts shall have the right, which is absolute and unconditional, to receive payment of the principal of (and premium, if any) and (subject to Sections 3.8 and 3.12Section 3.07 of the Indenture) interest (including any Additional Interest, if any) on such Security the CENts on the respective Stated Maturities expressed in such Security (or in the case of redemptionFinal Repayment Date, on the Redemption Date) and to institute suit for the enforcement of any such payment, and such right shall not be impaired without the consent of such Holder. In So long as any CENts are held by or on behalf of the case of Securities of a series issued to an Issuer Trust, any registered holder of the Capital Securities issued by such Issuer the Trust shall, to the fullest extent permitted by applicable law, shall have the right, upon (i) the breach by the Company of its obligations under Section 2.1(d) to issue Qualifying Capital Securities or Section 2.1(i) to issue Qualifying APM Securities or (ii) the occurrence of an Event of Default described in Sections 5.1(1) or 5.1(2) and subject to the same terms and conditions as provided in in Section 5.7 above2.1 (j), provided the term "Holder" used therein shall be changed for purposes of this sentence to "holder of Capital Securities" to institute a suit directly against the Company (a) in the case of (i) above, to enforce such obligations or for such other remedies as may be available and (b) in the case of (ii) above, for enforcement of payment to such holder Holder of principal of (and premium, if any) and (subject to Sections 3.8 and 3.12Section 3.07 of the Indenture) interest (including any Additional Interest, if any) on the Securities CENts having a principal amount equal to the aggregate Liquidation Amount liquidation amount of such Capital Securities held by such holderSecurities.

Unconditional Right of Holders to Receive Principal, Premium and Interest; Direct Action by Holders of Capital Securities. 8 of the Indenture shall not apply to the Junior Subordinated Debentures. Notwithstanding any other provision in this the Indenture, the each Holder of any Security of any series the Junior Subordinated Debentures shall have the right, which is absolute and unconditional, to receive payment of the principal of (and premium, if any) and (subject to Sections Section 3.8 and 3.12of the Indenture) interest (including any Additional Interest, if any) on such Security the Junior Subordinated Debentures on the respective Stated Maturities expressed in such Security Maturity Date (or or, in the case of redemptionredemption or repayment, on the Redemption Date or the Repayment Date, as the case may be) and to institute suit for the enforcement of any such payment, and such right shall not be impaired without the consent of such Holder. In So long as any Junior Subordinated Debentures are held by or on behalf of the case of Securities of a series issued to an Issuer Trust, any registered holder of the Capital Securities issued by such Issuer the Trust shall, to the fullest extent permitted by applicable law, shall have the right, upon the occurrence of an Event of Default described in Sections 5.1(1Section 2.8(a)(i) or 5.1(2) and subject to the same terms and conditions as provided in Section 5.7 above(ii), provided the term "Holder" used therein shall be changed for purposes of this sentence to "holder of Capital Securities" to institute a suit directly against the Company Corporation for enforcement of payment to such holder Holder of principal of (and premium, if any) and (subject to Sections Section 3.8 and 3.12of the Indenture) interest (including any Additional Interest, if any) on the Securities Junior Subordinated Debentures having a principal amount equal to the aggregate Liquidation Amount of such Capital Securities held by such holderSecurities.