Unconditional Right of Holders to Receive Principal. Premium and Interest; Direct Action by Holders of Preferred Securities. Notwithstanding any other provision in this Indenture, the Holder of any Security 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) on such Security on the Stated Maturity (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. Any registered holder of the Preferred Securities issued by the Issuer Trust shall have the right, upon the occurrence of an Event of Default described in Section 5.1(1) or 5.1(2), to institute a suit directly against the Company for enforcement of payment to such holder of principal of (premium, if any) and (subject to Sections 3.8 and 3.12) interest (including any Additional Interest) on the Securities having a principal amount equal to the aggregate Liquidation Amount (as defined in the Trust Agreement) of such Preferred Securities held by such holder.
Appears in 3 contracts
Samples: Junior Subordinated Indenture (Pfbi Capital Trust), Junior Subordinated Indenture (GCB Capital Trust), Junior Subordinated Indenture (Sun Capital Trust)
Unconditional Right of Holders to Receive Principal. Premium and Interest; Direct Action by Holders of Preferred Capital Securities. Notwithstanding any other provision in this Indenture, the Holder of any Security shall have the right, right which is absolute and unconditional, unconditional to receive payment of the principal of (and premium, if any) and (subject to Sections 3.8 and 3.12Section 3.7) interest (including any Additional Interest) on such Security on the respective Stated Maturity 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. Any registered In the case of Securities of a series held by a Trust, any holder of the Preferred corresponding series of Capital Securities issued held by the Issuer such Trust shall have the right, upon the occurrence of an Event of Default described in Section 5.1(1) or 5.1(2), to institute a suit directly against the Company for enforcement of payment to such holder of principal of (premium, if any) and (subject to Sections 3.8 and 3.12Section 3.7) interest (including any Additional Interest) on the Securities having a principal amount equal to the aggregate Liquidation Amount (as defined in the Trust AgreementAgreement under which such Trust is formed) of such Preferred Capital Securities of the corresponding series held by such holderHolder.
Appears in 2 contracts
Samples: Indenture (Comerica Capital Trust Ii), Indenture (Provident Capital Trust Iii)
Unconditional Right of Holders to Receive Principal. Premium and Interest; Direct Action by Holders of Preferred Securities. Notwithstanding any other provision in this Indenture, the Holder of any Security 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) on such Security on the Stated Maturity (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. Any registered holder of the Preferred Securities issued by the Issuer Trust shall have the right, upon the occurrence of an Event of Default described in Section 5.1(15.1 (1) or 5.1(2), to institute a suit directly against the Company for enforcement of payment to such holder of principal of (premium, if any) and (subject to Sections 3.8 and 3.12) interest (including any Additional Interest) on the Securities having a principal amount equal to the aggregate Liquidation Amount (as defined in the Trust Agreement) of such Preferred Securities held by such holder.
Appears in 2 contracts
Samples: Junior Subordinated Indenture (BNB Capital Trust), Junior Subordinated Indenture (Broad National Bancorporation)
Unconditional Right of Holders to Receive Principal. Premium and Interest; Direct Action by Holders of Preferred Securities. Notwithstanding any other provision in this Indenture, the Holder of any Security shall have the right, right which is absolute and unconditional, unconditional to receive payment of the principal of (and premium, if any) and (subject to Sections 3.8 and 3.12Section 3.7) interest (including any Additional Interest) on such Security on the respective Stated Maturity 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. Any registered In the case of Securities of a series issued to a Mellon Trust, any holder of the corresponding series of Preferred Securities issued by the Issuer such Mellon Trust shall have the right, upon the occurrence of an Event of Default described in Section 5.1(1) or 5.1(2), to institute a suit directly against the Company for enforcement of payment to such holder of principal of (premium, if any) and (subject to Sections 3.8 and 3.12Section 3.7) interest (including any Additional Interest) on the Securities having a principal amount equal to the aggregate Liquidation Amount (as defined in the Trust AgreementAgreement under which such Mellon Trust is formed) of such Preferred Securities of the corresponding series held by such holder.
Appears in 2 contracts
Samples: Junior Subordinated Indenture (Mellon Bank Corp), Junior Subordinated Indenture (Mellon Capital Iii)
Unconditional Right of Holders to Receive Principal. Premium and Interest; Direct Action by Holders of Preferred 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 Maturity 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. Any In the case of Securities of a series issued to an Issuer Trust, any registered holder of the Preferred Capital Securities issued by the such Issuer Trust shall shall, to the fullest extent permitted by applicable law, have the right, upon the occurrence of an Event of Default described in Section 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 (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 Trust Agreement) of such Preferred Capital Securities held by such holder.
Appears in 2 contracts
Samples: Junior Subordinated Indenture (Florida Community Banks Inc), Junior Subordinated Indenture (CCF Holding Co)
Unconditional Right of Holders to Receive Principal. Premium and Interest; Direct Action by Holders of Preferred Capital Securities. Notwithstanding any other provision in this Indenture, the Holder of any Security 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) on such Security on the respective Stated Maturity 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. Any So long as the Securities are held by the Issuer Trust, any registered holder of the Preferred corresponding Capital Securities issued by the Issuer Trust shall have the right, upon the occurrence of an Event of Default described in Section 5.1(1) or 5.1(2)a Debenture Default, to institute a suit directly against the Company Corporation or the Guarantor for enforcement of payment to such holder of principal of (premium, if any) and (subject to Sections 3.8 and 3.12) interest (including any Additional Interest) on the Securities having a principal amount equal to the aggregate Liquidation Amount (as defined in the Trust Agreement) of such Preferred Capital Securities held by such holder.
Appears in 2 contracts
Samples: Junior Subordinated Indenture (Popular North America Capital Trust Iii), Junior Subordinated Indenture (Popular North America Capital Trust I)
Unconditional Right of Holders to Receive Principal. Premium and Interest; Direct Action by Holders of Preferred Securities. Notwithstanding any other provision in this Indenture, the Holder of any Security shall have the right, right which is absolute and unconditional, unconditional to receive payment of the principal of (and premium, if any) and (subject to Sections 3.8 and 3.12Section 3.8) interest (including any Additional Interest) on such Security on the respective Stated Maturity 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. Any registered So long as the Securities are held by Xxxxx Capital, any holder of the corresponding Preferred Securities issued by the Issuer Trust Xxxxx Capital shall have the right, upon the occurrence of an Event of Default described in Section 5.1(1) or 5.1(2), to institute a suit directly against the Company Corporation for enforcement of payment to such holder of principal of (premium, if any) and (subject to Sections 3.8 and 3.12Section 3.8) interest (including any Additional Interest) on the Securities having a principal amount equal to the aggregate Liquidation Amount (as defined in the Trust Agreement) of such Preferred Securities held by such holder.
Appears in 1 contract
Samples: Junior Subordinated Indenture (Riggs National Corp)
Unconditional Right of Holders to Receive Principal. Premium and Interest; Direct Action by Holders of Preferred Securities. Notwithstanding any other provision in this Indenture, the Holder of any Security shall have the right, right which is absolute and unconditional, unconditional to receive payment of the principal of (and premium, if any) and (subject to Sections 3.8 and 3.12Section 3.7) interest (including any Additional Interest) on such Security on the respective Stated Maturity 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. Any registered In the case of Securities of a series issued to a Trust, any holder of the corresponding series of Preferred Securities issued by the Issuer such Trust shall have the right, upon the occurrence of an Event of Default described in Section 5.1(1) or 5.1(2), to institute a suit directly against the Company for enforcement of payment to such holder of principal of (premium, if any) and (subject to Sections 3.8 and 3.12Section 3.7) interest (including any Additional Interest) on the Securities having a principal amount equal to the aggregate Liquidation Amount (as defined in the Declaration of Trust Agreementunder which such Trust is formed) of such Preferred Securities of the corresponding series held by such holder.
Appears in 1 contract
Samples: Junior Subordinated Indenture (American General Corp /Tx/)
Unconditional Right of Holders to Receive Principal. Premium and Interest; Direct Action by Holders of Preferred Securities. Notwithstanding any other provision in this Indenture, the Holder of any Security shall have the right, right which is absolute and unconditional, unconditional to receive payment of the principal of (and premium, if any) and (subject to Sections 3.8 and 3.12Section 3.7) interest (including any Additional Interest) on such Security on the respective Stated Maturity Maturities expressed in such Security (or or, in the case of redemption, on the Redemption Optional Prepayment 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. Any registered In the case of Securities of a series issued to a Trust, any holder of the corresponding series of Preferred Securities issued by the Issuer such Trust shall have the right, upon the occurrence of an Event of Default described in Section 5.1(1) or 5.1(2), to institute a suit directly against the Company for enforcement of payment to such holder of principal of (premium, if any) and (subject to Sections 3.8 and 3.12Section 3.7) interest (including any Additional Interest) on the Securities having a principal amount equal to the aggregate Liquidation Amount (as defined in the Declaration of Trust Agreementunder which such Trust is formed) of such Preferred Securities of the corresponding series held by such holder.
Appears in 1 contract
Samples: Junior Subordinated Indenture (Wachovia Capital Trust Iv)
Unconditional Right of Holders to Receive Principal. Premium and Interest; Direct Action by Holders of Preferred Securities. Notwithstanding any other provision in this Indenture, the Holder of any Security shall have the right, right which is absolute and unconditional, unconditional to receive payment of the principal of (and premium, if any) and (subject to Sections 3.8 Section 3.7 and 3.12Section 3.11) interest (including any Additional Interest) on such Security on the respective Stated Maturity 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. Any registered In the case of Securities of a series held by a Trust, any holder of the corresponding series of Preferred Securities issued held by the Issuer such Trust shall have the right, upon the occurrence of an Event of Default described in Section 5.1(1) or 5.1(2), to institute a suit directly against the Company for enforcement of payment to such holder of principal of (premium, if any) and (subject to Sections 3.8 Section 3.7 and 3.12Section 3.11) interest (including any Additional Interest) on the Securities having a principal amount equal to the aggregate Liquidation Amount (as defined in the Trust Agreement) liquidation amount of such Preferred Securities of the corresponding series held by such holder.
Appears in 1 contract
Samples: Junior Subordinated Indenture (First American Financial Corp)
Unconditional Right of Holders to Receive Principal. Premium and Interest; Direct Action by Holders of Preferred 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) on such Security on the respective Stated Maturity 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. Any In the case of Securities of a series issued to an Issuer Trust, any registered holder of the Preferred series of Capital Securities issued by the such Issuer Trust shall have the right, upon the occurrence of an Event of Default described in Section 5.1(1) or 5.1(2), to institute a suit directly against the Company for enforcement of payment to such holder of principal of (premium, if any) and (subject to Sections 3.8 and 3.12) interest (including any Additional Interest) on the Securities having a principal amount equal to the aggregate Liquidation Amount (as defined in the Trust Agreement) of such Preferred Capital Securities held by such holder.
Appears in 1 contract
Samples: Junior Subordinated Indenture (FCB/Sc Capital Trust I)
Unconditional Right of Holders to Receive Principal. Premium and Interest; Direct Action by Holders of Preferred SecuritiesInterest and to Convert. Notwithstanding any other provision in this Indenture, the Holder of any Security Debenture shall have the right, which is absolute and unconditional, to receive payment of the principal of (and premiumpremium on, if any) , and (subject to Sections 3.8 Section 4.02) interest, including Additional Interest and 3.12) interest (including any Additional Compound Interest) , if any, on such Security on Debenture as and when the Stated Maturity (or same shall become due and payable and to convert such Debenture in the case of redemption, on the Redemption Date) accordance with Article 16 and to institute suit for the enforcement of any such paymentpayment and right to convert, and such right rights shall not be impaired without the consent of such Holder. Any registered holder of the For so long as any Preferred Securities issued remain outstanding, to the fullest extent permitted by law and subject to the Issuer terms of this Indenture and the Trust shall have the rightAgreement, upon the occurrence of an Event of Default described specified in Section 5.1(1Sections 8.01(a)(i) or 5.1(28.01(a)(ii), any holder of Preferred Securities shall have the right to institute a suit proceeding directly against the Company Company, for enforcement of payment to such holder of the principal amount of (premium, if any) and (subject to Sections 3.8 and 3.12) or interest (including any Additional Interest) on the Securities Debentures having a principal amount equal to the aggregate Liquidation Amount (as defined in Preference of the Trust Agreement) Preferred Securities of such holder (a "Direct Action"). Except as set forth in this Section, the holders of Preferred Securities held by such holdershall have no right to execute any right or remedy available to the Holders of, or in respect of, the Debentures.
Appears in 1 contract
Samples: Indenture (Lucent Technologies Inc)