REPLACEMENT CAPITAL COVENANTReplacement Capital Covenant • May 29th, 2007 • Delphi Financial Group Inc/De • Life insurance
Distributions on any Distribution Date, the Corporation will apply any available eligible proceeds to pay accrued and unpaid Distributions on the applicable Distribution Date in chronological order subject to the Common Cap, Preferred Cap and Share Cap, as applicable; and
DELPHI FINANCIAL GROUP, INC. AND U.S. BANK NATIONAL ASSOCIATION, as Trustee JUNIOR SUBORDINATED INDENTURE Dated as of May 23, 2007 JUNIOR SUBORDINATED DEBT SECURITIESJunior Subordinated Indenture • May 29th, 2007 • Delphi Financial Group Inc/De • Life insurance • New York
INDENTURE, dated as of May 23, 2007, between DELPHI FINANCIAL GROUP, INC., a Delaware corporation (hereinafter called the “Company”), having its principal office at 1105 North Market Street, Suite 1230, Wilmington, DE 19899, U.S. BANK NATIONAL ASSOCIATION, a national banking association, as Trustee hereunder (hereinafter called the “Trustee”), having its Corporate Trust Office at 100 Wall Street, Suite 1600, New York, NY 10005.
Delphi Financial Group, Inc. Junior Subordinated Debentures Underwriting AgreementUnderwriting Agreement • May 29th, 2007 • Delphi Financial Group Inc/De • Life insurance • New York
From time to time Delphi Financial Group, Inc., a Delaware corporation (the “Company”), proposes to enter into one or more Pricing Agreements (each, a “Pricing Agreement”) in the form of Annex I hereto, with such additions and deletions as the parties thereto may determine, and, subject to the terms and conditions stated herein and therein, to issue and sell to the firms named in Schedule I to the applicable Pricing Agreement (such firms constituting the “Underwriters” with respect to such Pricing Agreement and the securities specified therein) certain of its Junior Subordinated Debentures (the “Securities”) specified in Schedule II to such Pricing Agreement (with respect to such Pricing Agreement, the “Firm Securities”). If specified in such Pricing Agreement, the Company may grant to the Underwriters the right to purchase at their election additional Junior Subordinated Debentures specified in such Pricing Agreement as provided in Section 3 hereof (the “Optional Securities”). The Fir
ContractJunior Subordinated Debenture Agreement • May 29th, 2007 • Delphi Financial Group Inc/De • Life insurance
THIS SECURITY IS A GLOBAL SECURITY WITHIN THE MEANING OF THE INDENTURE HEREINAFTER REFERRED TO AND IS REGISTERED IN THE NAME OF A DEPOSITARY OR A NOMINEE THEREOF. THIS SECURITY MAY NOT BE EXCHANGED IN WHOLE OR IN PART FOR A SECURITY REGISTERED, AND NO TRANSFER OF THIS SECURITY IN WHOLE OR IN PART MAY BE REGISTERED IN THE NAME OF ANY PERSON OTHER THAN SUCH DEPOSITARY OR A NOMINEE THEREOF, EXCEPT IN THE LIMITED CIRCUMSTANCES DESCRIBED IN THE INDENTURE.
