Common use of Waiver of Notice and Demand Clause in Contracts

Waiver of Notice and Demand. The Guarantor hereby waives notice of acceptance of this Preferred Securities Guarantee and of any liability to which it applies or may apply, presentment, demand for payment, any right to require a proceeding first against the Trust or any other Person before proceeding against the Guarantor, protest, notice of nonpayment, notice of dishonor, notice of redemption and all other notices and demands.

Appears in 120 contracts

Samples: Preferred Securities Guarantee Agreement (Capitol Trust Xv), Preferred Securities Guarantee Agreement (S.Y. Bancorp Capital Trust II), Convertible Preferred Securities Guarantee Agreement (Bridge Bancorp Inc)

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Waiver of Notice and Demand. The Guarantor hereby waives notice of acceptance of this Preferred Common Securities Guarantee and of any liability to which it applies or may apply, presentment, demand for payment, any right to require a proceeding first against the Trust Issuer or any other Person before proceeding against the Guarantor, protest, notice of nonpayment, notice of dishonor, notice of redemption and all other notices and demands.

Appears in 97 contracts

Samples: Common Securities Guarantee Agreement (MetLife Capital Trust V), Common Securities Guarantee Agreement (Prudential Financial Capital Trust Ii), Common Securities Guarantee Agreement (Colonial Capital Trust Iv)

Waiver of Notice and Demand. The Guarantor hereby waives notice of acceptance of this Preferred Securities Guarantee Agreement and of any liability to which it applies or may apply, presentment, demand for payment, any right to require a proceeding first against the Trust Guarantee Trustee, Issuer or any other Person before proceeding against the Guarantor, protest, notice of nonpayment, notice of dishonor, notice of redemption and all other notices and demands.

Appears in 68 contracts

Samples: Guarantee Agreement (Redwood Capital Trust Ii), Guarantee Agreement (Lincoln National Corp), Guarantee Agreement (Sempra Energy Global Enterprises)

Waiver of Notice and Demand. The Guarantor hereby waives notice of acceptance of this Preferred Series B Capital Securities Guarantee and of any liability to which it applies or may apply, presentment, demand for payment, any right to require a proceeding first against the Trust Issuer or any other Person before proceeding against the Guarantor, protest, notice of nonpayment, notice of dishonor, notice of redemption and all other notices and demands.

Appears in 46 contracts

Samples: Capital Securities Guarantee Agreement (Yardville Capital Trust Ii), Capital Securities Guarantee Agreement (First Midwest Bancorp Inc), Capital Securities Guarantee Agreement (Markel Corp)

Waiver of Notice and Demand. The Guarantor hereby waives notice of acceptance of this Preferred Series A Capital Securities Guarantee and of any liability to which it applies or may apply, presentment, demand for payment, any right to require a proceeding first against the Trust Issuer or any other Person before proceeding against the Guarantor, protest, notice of nonpayment, notice of dishonor, notice of redemption and all other notices and demands.

Appears in 35 contracts

Samples: Capital Securities Guarantee Agreement (First Midwest Bancorp Inc), Series a Capital Securities Guarantee Agreement (Hamilton Capital Trust I), Series a Capital Securities Guarantee Agreement (Imperial Capital Trust I)

Waiver of Notice and Demand. The Guarantor hereby waives notice of acceptance of this Trust Preferred Securities Guarantee and of any liability to which it applies or may apply, presentment, demand for payment, any right to require a proceeding first against the Trust Issuer or any other Person before proceeding against the Guarantor, protest, notice of nonpayment, notice of dishonor, notice of redemption and all other notices and demands.

Appears in 28 contracts

Samples: Trust Preferred Securities Guarantee Agreement (Vineyard Statutory Trust X), Trust Preferred Securities Guarantee Agreement (Merrill Lynch Preferred Capital Trust Iv), Trust Preferred Securities Guarantee Agreement (Merrill Lynch Preferred Capital Trust Ii)

Waiver of Notice and Demand. The Guarantor hereby waives notice of acceptance of this Trust Preferred Securities Guarantee and of any liability to which it applies or may apply, presentment, demand for payment, any right to require a proceeding first against the Trust or any other Person before proceeding against the Guarantor, protest, notice of nonpayment, notice of dishonor, notice of redemption and all other notices and demands.

Appears in 18 contracts

Samples: Trust Preferred Securities Guarantee Agreement (Alabama National Bancorporation), Trust Preferred Securities Guarantee Agreement (American Equity Investment Life Holding Co), Trust Preferred Securities Guarantee Agreement (American Equity Investment Life Holding Co)

Waiver of Notice and Demand. The Guarantor hereby waives notice of acceptance of this Preferred Capital Securities Guarantee and of any liability to which it applies or may apply, presentment, demand for payment, any right to require a proceeding first against the Trust or any other Person before proceeding against the Guarantor, protest, notice of nonpayment, notice of dishonor, notice of redemption and all other notices and demands.

Appears in 11 contracts

Samples: Capital Securities Guarantee Agreement (First Financial Capital Trust II), Capital Securities Guarantee Agreement (First Financial Capital Trust II), Capital Securities Guarantee Agreement (Great Southern Capital Trust IV)

Waiver of Notice and Demand. The Guarantor hereby waives notice of acceptance of this Preferred Securities Guarantee and of any liability to which it applies or may apply, presentment, demand for payment, any right to require a proceeding first against the Trust or any other Person before proceeding against the Guarantor, protest, notice of nonpayment, notice of dishonor, notice of redemption and all other notices and demands.any

Appears in 11 contracts

Samples: Preferred Securities Guarantee Agreement (Kmart Corp), Preferred Securities Guarantee Agreement (Kmart Corp), Preferred Securities Guarantee Agreement (Noram Financing Ii)

Waiver of Notice and Demand. The Guarantor hereby waives notice of acceptance of this Preferred Securities the Guarantee Agreement and of any liability to which it applies or may apply, presentment, demand for payment, any right to require a proceeding first against the Guarantee Trustee, the Trust or any other Person before proceeding against the Guarantor, protest, notice of nonpayment, notice of dishonor, notice of redemption and all other notices and demands.

Appears in 8 contracts

Samples: Guarantee Agreement (Great Plains Energy Inc), Guarantee Agreement (Cp&l Energy Inc), Guarantee Agreement (Fresenius Medical Care Corp)

Waiver of Notice and Demand. The Guarantor hereby waives notice of acceptance of this Preferred Trust Common Securities Guarantee and of any liability to which it applies or may apply, presentment, demand for payment, any right to require a proceeding first against the Trust or any other Person before proceeding against the Guarantor, protest, notice of nonpayment, notice of dishonor, notice of redemption and all other notices and demands.

Appears in 6 contracts

Samples: Trust Common Securities Guarantee Agreement, Trust Common Securities Guarantee Agreement (American Equity Investment Life Holding Co), Trust Common Securities Guarantee Agreement (American Equity Investment Life Holding Co)

Waiver of Notice and Demand. The Guarantor hereby waives notice of acceptance of this Preferred Securities the Guarantee Agreement and of any liability to which it applies or may apply, presentment, demand for payment, any right to require a proceeding first against the Trust Guarantee Trustee, LLC or any other Person before proceeding against the Guarantor, protest, notice of nonpayment, notice of dishonor, notice of redemption and all other notices and demands.

Appears in 5 contracts

Samples: Limited Liability Company Agreement (Teco Capital Trust Iii), Guarantee Agreement (Teco Energy Inc), Guarantee Agreement (Teco Energy Inc)

Waiver of Notice and Demand. The Guarantor hereby waives notice of acceptance of this Preferred Common Securities Guarantee and of any liability to which it applies or may apply, presentment, demand for payment, any right to require a proceeding first against the Trust or any other Person before proceeding against the Guarantor, protest, notice of nonpayment, notice of dishonor, notice of redemption and all other notices and demands.

Appears in 5 contracts

Samples: Common Securities Guarantee Agreement (Sun Healthcare Group Inc), Common Securities Guarantee Agreement (Central Parking Finance Trust), Common Securities Guarantee Agreement (Viatel Inc)

Waiver of Notice and Demand. The Guarantor hereby waives notice of acceptance of this Preferred Trust Securities Guarantee and of any liability to which it applies or may apply, presentment, demand for payment, any right to require a proceeding first against the Trust Issuer or any other Person before proceeding against the Guarantor, protest, notice of nonpayment, notice of dishonor, notice of redemption and all other notices and demands.

Appears in 4 contracts

Samples: Guarantee Agreement (Affiliated Managers Group Inc), Guarantee Agreement (Boston Private Financial Holdings Inc), Guarantee Agreement (Affiliated Managers Group Inc)

Waiver of Notice and Demand. The Guarantor hereby waives notice of acceptance of this Preferred Securities Guarantee Agreement and of any liability to which it applies or may apply, presentment, demand for payment, any right to require a proceeding first against the Guarantee Trustee, the Issuer Trust or any other Person before proceeding against the Guarantor, protest, notice of nonpayment, notice of dishonor, notice of redemption and all other notices and demands.Person

Appears in 4 contracts

Samples: Guarantee Agreement (Indymac Capital Trust I), Guarantee Agreement (Indymac Capital Trust I), Guarantee Agreement (Indymac Capital Trust I)

Waiver of Notice and Demand. The New Guarantor hereby waives notice of acceptance of this Trust Preferred Securities Guarantee and of any liability to which it applies or may apply, presentment, demand for payment, any right to require a proceeding first against the Trust Issuer or any other Person before proceeding against the New Guarantor, protest, notice of nonpayment, notice of dishonor, notice of redemption and all other notices and demands.

Appears in 3 contracts

Samples: Trust Preferred Securities Guarantee Agreement (BAC Capital Trust XVII), Trust Preferred Securities Guarantee Agreement (BAC Capital Trust XVII), Trust Preferred Securities Guarantee Agreement (BAC Capital Trust XVII)

Waiver of Notice and Demand. The Guarantor hereby waives notice of acceptance of this Preferred Securities the Guarantee and of any liability to which it applies or may apply, presentment, demand for payment, any right to require a proceeding first against the Trust Guarantee Trustee, Issuer or any other Person before proceeding against the Guarantor, protest, notice of nonpayment, notice of dishonor, notice of redemption and all other notices and demands.

Appears in 3 contracts

Samples: Capital Securities Guarantee Agreement (Aon Corp), Capital Securities Guarantee Agreement (Aon Corp), Capital Securities Guarantee Agreement (Dominion Resources Inc /Va/)

Waiver of Notice and Demand. The Guarantor hereby waives notice of acceptance of this Preferred Securities Guarantee and of any liability to which it applies or may apply, presentment, demand for payment, any right to require a proceeding first against the Trust Trust, the Bank or any other Person before proceeding against the Guarantor, protest, notice of nonpayment, notice of dishonor, notice of redemption and all other notices and demands.

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)

Waiver of Notice and Demand. The Guarantor hereby waives notice of acceptance of this Trust Preferred Securities Guarantee and of any liability to which it applies or may apply, presentment, demand for payment, any right to require a proceeding first against the Trust Issuer or any other Person before proceeding against the Guarantor, protest, notice of nonpayment, notice of dishonor, notice of redemption and all other notices and demands.proceeding

Appears in 3 contracts

Samples: Guarantee Agreement (KBK Capital Trust I), Guarantee Agreement (El Paso Natural Gas Co), Guarantee Agreement (El Paso Energy Capital Trust I)

Waiver of Notice and Demand. The Guarantor hereby waives notice of acceptance of this Preferred Trust Securities Guarantee and of any liability to which it applies or may apply, presentment, demand for payment, any right to require a proceeding first against the Trust Guarantee Trustee, the Issuer or any other Person before proceeding against the Guarantor, protest, notice of nonpayment, notice of dishonor, notice of redemption and all other notices and demands.

Appears in 2 contracts

Samples: Preferred Trust Securities Guarantee Agreement (Texas Utilities Co /Tx/), Preferred Trust Securities Guarantee (Txu Europe Funding I L P)

Waiver of Notice and Demand. The Guarantor hereby waives notice of acceptance of this Convertible Preferred Securities Guarantee and of any liability to which it applies or may apply, presentment, demand for payment, any right to require a proceeding first against the Trust or any other Person before proceeding against the Guarantor, protest, notice of nonpayment, notice of dishonor, notice of redemption and all other notices and demands.

Appears in 2 contracts

Samples: Convertible Preferred Securities Guarantee Agreement (Sun Healthcare Group Inc), Convertible Preferred Securities Guarantee Agreement (Sun Healthcare Group Inc)

Waiver of Notice and Demand. The Guarantor hereby waives notice of acceptance of this Preferred Securities Guarantee Agreement and of any liability to which it applies or may apply, presentment, demand for payment, any right to require a proceeding first against the Trust or any other Person before proceeding against the Guarantor, protest, notice of nonpayment, notice of dishonor, notice of redemption and all other notices and demands.

Appears in 2 contracts

Samples: Preferred Securities Guarantee Agreement (Reliastar Financing Ii), Preferred Securities Guarantee Agreement (Reliastar Financing V)

Waiver of Notice and Demand. The Guarantor hereby waives notice of acceptance of this Preferred Securities Guarantee and of any liability to which it applies or may apply, presentment, demand for payment, any right to require a proceeding first against the Trust or any other Person before proceeding against the Guarantor, protest, notice of nonpayment, notice of dishonor, notice of redemption and all other notices and demands.. 11NEXT PAGE

Appears in 2 contracts

Samples: Preferred Securities Guarantee Agreement (Itla Capital Corp), Preferred Securities Guarantee Agreement (Itla Capital Corp)

Waiver of Notice and Demand. The Guarantor hereby waives notice of acceptance of this Preferred Securities Guarantee and of any liability to which it applies or may apply, presentment, demand for payment, any right to require a proceeding first against the Trust Spectrum Capital or any other Person before proceeding against the Guarantor, protest, notice of nonpayment, notice of dishonor, notice of redemption and all other notices and demands.

Appears in 2 contracts

Samples: Preferred Securities Guarantee Agreement (Spectrum Capital Trust I), Preferred Securities Guarantee Agreement (Spectrum Capital Trust Ii)

Waiver of Notice and Demand. The Guarantor hereby waives notice of acceptance of this Preferred Securities Guarantee and of any liability to which it applies or may apply, presentment, demand for payment, any right to require a proceeding first against the Trust or any other Person before proceeding against the Guarantor, protest, protest notice of nonpayment, notice of dishonor, notice of redemption and all other notices and demands.

Appears in 2 contracts

Samples: Preferred Securities Guarantee Agreement (Peoples Bancshares Inc), Preferred Securities Guarantee Agreement (Peoples Bancshares Inc)

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Waiver of Notice and Demand. The Guarantor hereby waives notice of acceptance of this Preferred Partnership Securities Guarantee and of any liability to which it applies or may apply, presentment, demand for payment, any right to require a proceeding first against the Trust Partnership Guarantee Trustee, the Issuer or any other Person before proceeding against the Guarantor, protest, notice of nonpayment, notice of dishonor, notice of redemption and all other notices and demands.

Appears in 2 contracts

Samples: Preferred Partnership Securities Guarantee Agreement (Texas Utilities Co /Tx/), Preferred Partnership Securities Guarantee (Txu Europe Funding I L P)

Waiver of Notice and Demand. The Guarantor hereby waives notice of acceptance of this Preferred Securities Guarantee and of any liability to which it applies or may apply, presentment, demand for payment, any right to require a proceeding first against the Trust Trust, Designer Holdings or any other Person before proceeding against the Guarantor, protest, notice of nonpayment, notice of dishonor, notice of redemption and all other notices and demands.

Appears in 2 contracts

Samples: Preferred Securities Guarantee Agreement (Designer Holdings LTD), Preferred Securities Guarantee Agreement (Warnaco Group Inc /De/)

Waiver of Notice and Demand. The Guarantor hereby waives notice of acceptance of this Preferred Securities Guarantee and of any liability to which it applies or may apply, presentment, demand for payment, any right to require a proceeding first against the Trust UBCT or any other Person before proceeding against the Guarantor, protest, notice of nonpayment, notice of dishonor, notice of redemption and all other notices and demands.

Appears in 1 contract

Samples: Preferred Securities Guarantee Agreement (Union Bankshares Capital Trust I)

Waiver of Notice and Demand. The Additional Guarantor hereby waives notice of acceptance of this Preferred Securities Guarantee Agreement and of any liability to which it applies or may apply, presentment, demand for payment, any right to require a proceeding first against the Trust Issuer, the Successor Guarantor or any other Person person before proceeding against the Additional Guarantor, protest, notice of nonpayment, notice of dishonor, notice of redemption and all other notices and demands.

Appears in 1 contract

Samples: Guarantee Agreement (Allstate Corp)

Waiver of Notice and Demand. The Guarantor hereby waives notice of acceptance of this Preferred Capital Securities Guarantee Agreement and of any liability to which it applies or may apply, presentment, demand for payment, any right to require a proceeding first against the Trust or any other Person before proceeding against the Guarantor, protest, notice of nonpayment, notice of dishonor, notice of redemption and all other notices and demands.

Appears in 1 contract

Samples: Capital Securities Guarantee Agreement (Bremer Financial Corporation)

Waiver of Notice and Demand. The Debenture Guarantor hereby waives notice of acceptance of this Preferred Securities Guarantee guarantee and of any liability to which it applies or may apply, presentment, demand for payment, any right to require a proceeding first against the Trust Bank, the Trustee or any other Person before proceeding against the Debenture Guarantor, protest, notice of nonpayment, notice of dishonor, notice of redemption and all other notices and demands.

Appears in 1 contract

Samples: Junior Subordinated Indenture (Zions Institutional Capital Trust A)

Waiver of Notice and Demand. The Guarantor hereby waives notice of acceptance of this Preferred Securities Guarantee and of any liability to which it applies or may apply, presentment, demand for payment, any right to require a proceeding first against the CTBI Trust or any other Person before proceeding against the Guarantor, protest, notice of nonpayment, notice of dishonor, notice of redemption and all other notices and demands.

Appears in 1 contract

Samples: Preferred Securities Guarantee Agreement (Pikeville National Corp)

Waiver of Notice and Demand. The Guarantor hereby waives notice of acceptance of this Preferred Securities Guarantee and of any liability to which it applies or may apply, presentment, demand for payment, any right to require a proceeding first against the EBH Trust or any other Person before proceeding against the Guarantor, protest, notice of nonpayment, notice of dishonor, notice of redemption and all other notices and demands.

Appears in 1 contract

Samples: Preferred Securities Guarantee Agreement (Ebh Capital Trust I)

Waiver of Notice and Demand. The Guarantor hereby waives notice of acceptance of this Preferred Partnership Securities Guarantee and of any liability to which it applies or may apply, presentment, demand for payment, any right to require a proceeding first against the Trust Partnership Guarantee Trustee, Issuer or any other Person before proceeding against the Guarantor, protest, notice of nonpayment, notice of dishonor, notice of redemption and all other notices and demands.

Appears in 1 contract

Samples: Preferred Partnership Securities Guarantee (Txu Europe Funding I L P)

Waiver of Notice and Demand. The Guarantor hereby waives notice of acceptance of this the Trust Preferred Securities Guarantee Agreement and of any liability to which it applies or may apply, presentment, demand for payment, any right to require a proceeding first against the Trust Preferred Securities Guarantee Agreement Trustee, the Issuer or any other Person before proceeding against the Guarantor, protest, notice of nonpayment, notice of dishonor, notice of redemption and all other notices and demands.

Appears in 1 contract

Samples: Trust Preferred Securities Guarantee Agreement (CMS Energy Corp)

Waiver of Notice and Demand. The Guarantor hereby waives notice of acceptance of this Preferred Securities Guarantee and of any liability to which it applies or may apply, presentment, demand for payment, any right to require a proceeding first against the Flagstar Trust or any other Person before proceeding against the Guarantor, protest, notice of nonpayment, notice of dishonor, notice of redemption and all other notices and demands.

Appears in 1 contract

Samples: Preferred Securities Guarantee Agreement (Flagstar Trust)

Waiver of Notice and Demand. The Guarantor hereby waives notice of acceptance of this Preferred Series A Capital Securities Guarantee and of any liability to which it applies or may apply, presentment, demand for payment, any right to require a proceeding first against the Trust Issuer or any other Person before proceeding against the Guarantor, protest, protests notice of nonpayment, notice of dishonor, notice of redemption and all other notices and demands.

Appears in 1 contract

Samples: Capital Securities Guarantee Agreement (M&t Bank Corp)

Waiver of Notice and Demand. The Guarantor hereby waives notice of acceptance of this Preferred Trust Capital Securities Guarantee and of any liability to which it applies or may apply, presentment, demand for payment, any right to require a proceeding first against the Trust Issuer or any other Person before proceeding against the Guarantor, protest, notice of nonpayment, notice of dishonor, notice of redemption and all other notices and demands.

Appears in 1 contract

Samples: Trust Capital Securities Guarantee Agreement (Commerce Bancorp Inc /Nj/)

Waiver of Notice and Demand. The Guarantor hereby waives notice of acceptance of this Preferred Trust Securities Guarantee and of any liability to which it applies or may apply, presentment, demand for payment, any right to require a proceeding first against the Trust Guarantee Trustee, Issuer or any other Person before proceeding against the Guarantor, protest, notice of nonpayment, notice of dishonor, notice of redemption and all other notices and demands.

Appears in 1 contract

Samples: Preferred Trust Securities Guarantee (Txu Europe Funding I L P)

Waiver of Notice and Demand. The Guarantor hereby waives notice of acceptance of this Preferred Securities Guarantee and of any liability to which it applies or may apply, presentment, demand for payment, any right to require a proceeding first against the Trust MB Capital or any other Person before proceeding against the Guarantor, protest, notice of nonpayment, notice of dishonor, notice of redemption and all other notices and demands.

Appears in 1 contract

Samples: Preferred Securities Guarantee Agreement (Mb Capital I)

Waiver of Notice and Demand. The Guarantor hereby waives notice of acceptance of this Preferred Securities Guarantee and of any liability to which it applies or may apply, presentment, demand for payment, any right to require a proceeding first against the Trust or any other Person before proceeding against the Guarantor, protest, notice of nonpayment, notice of dishonor, notice of redemption and all other notices and demands, other than as provided herein.

Appears in 1 contract

Samples: Guarantee Agreement (Sal Trust Preferred Fund I)

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