Examples of Exchange Preferred Securities in a sentence
All guarantees and agreements in this Exchange Guarantee Agreement shall bind the successors, assigns, receivers, trustees and representatives of the Exchange Guarantor and shall inure to the benefit of the Holders of the Exchange Preferred Securities then outstanding.
The Exchange Guarantor acknowledges that its obligations hereunder are independent of the obligations of the Issuer with respect to the Exchange Preferred Securities and that the Exchange Guarantor shall be liable as principal and as debtor hereunder to make Guarantee Payments pursuant to the terms of this Exchange Guarantee Agreement notwithstanding the occurrence of any event referred to in subsection (a) through (g), inclusive, of Section 5.3 hereof.
Notwithstanding the foregoing, this Exchange Guarantee Agreement will continue to be effective or will be reinstated, as the case may be, if at any time any Holder must restore payment of any sums paid with respect to Exchange Preferred Securities or this Exchange Guarantee Agreement.
This Exchange Guarantee Agreement is solely for the benefit of the Holders and is not separately transferable from the Exchange Preferred Securities.
Except with respect to any changes that do not adversely affect the rights of the Holders in any material respect (in which case no consent of the Holders will be required), this Exchange Guarantee Agreement may only be amended with the prior approval of the Holders of not less than a Majority in liquidation amount of all outstanding Exchange Preferred Securities.
Interest on each of the Exchange Preferred Securities will accrue from the last interest payment date on which interest was paid on the Registrable Preferred Securities surrendered in exchange therefor or, if no interest has been paid on the Registrable Preferred Securities, from the date of original issue of the Registrable Preferred Securities.
The Company and the Trust understand that they may be required, in certain instances, to deduct 31% with respect to interest paid on the Exchange Preferred Securities and proceeds from the sale, exchange, redemption or retirement of the Exchange Preferred Securities from Holders who have not supplied their correct Taxpayer Identification Number or required certification.
This Exchange Guarantee Agreement shall terminate and be of no further force and effect upon (i) full payment of the Redemption Price of the Exchange Preferred Securities, (ii) the distribution of Exchange Notes to the Holders in exchange for all of the Exchange Preferred Securities or (iii) full payment of the amounts payable in accordance with the Declaration upon liquidation of the Issuer.
When this Letter of Transmittal is signed by the registered holder of the Preferred Securities listed and transmitted hereby, no endorsement of Certificates or separate bond powers are required unless Exchange Preferred Securities are to be issued in the name of a person other than the registered holder.
If Exchange Preferred Securities are to be issued in the name of a person other than the registered holder, or if Exchange Preferred Securities are to be sent to someone other than the registered holder or to an address other than that shown above, the appropriate boxes on this Letter of Transmittal should be completed.