Preferred Capital Securities definition

Preferred Capital Securities means the 9½% Mandatory Redeemable Preferred Capital Securities due 2027 issued by a wholly-owned finance subsidiary trust of the Company, as the terms of which may be amended, restated, supplemented or otherwise modified in accordance with the terms of Section 7.3(K) hereof.
Preferred Capital Securities has the meaning specified in the first recital of this Indenture.
Preferred Capital Securities means the 9 1/2% Mandatory Redeemable Preferred Capital Securities due 2027 issued by a wholly-owned finance subsidiary trust of the Company, as the terms of which may be amended, restated, supplemented or otherwise modified in accordance with the terms of Section 7.3(K) hereof. “Prime Rate” means the rate of interest per annum publicly announced from time to time by JPMCB as its prime rate in effect at its principal office in New York City; each change in the Prime Rate shall be effective from and including the date such change is publicly announced as being effective. “Prior Credit Agreement” means that certain Credit Agreement, dated as of July 6, 2004, among the Company, certain Subsidiaries of the Company party thereto from time to time, the financial institutions party thereto, JPMCB (successor by merger to Bank One, NA), as administrative agent, JPMCB and Citicorp North America, Inc., as syndication agents, and ABN AMRO Bank N.V., BNP Paribas and UBS Loan Finance LLC, as co-documentation agents. “Property” of a Person means any and all property, whether real, personal, tangible, intangible, or mixed, of such Person, or other assets owned, leased or operated by such Person. “Pro Rata Share” means, with respect to any Lender, (a) with respect to Revolving Loans, L/C Obligations or Swing Line Loans or any determination ofRequired Revolving Loan Lenders”, a percentage equal to a fraction the numerator of which is such Lender’s Revolving Loan Commitment and the denominator of which is the Aggregate Revolving Loan Commitment (or if the Revolving Loan Commitments have terminated or expired, the Pro Rata Shares shall be determined based upon such Lender’s share of the Revolving Credit Obligations at that time), (b) with respect to the Term Loans, a percentage equal to a fraction the numerator of which is such Lender’s outstanding principal amount of the Term Loans and the denominator of which is the aggregate outstanding amount of the Term Loans of all Lenders and (c) with respect to any reimbursement or indemnity obligation applicable to all of the Lenders or any determination of “Required Lenders”, a percentage equal to a fraction the numerator of which is the sum of such Lender’s Revolving Loan Commitment (or, if the Revolving Loan Commitments have been terminated or expired, such Lender’s share of the Revolving Credit Obligations) and such Lender’s outstanding principal amount of the Term Loans and the denominator of which is the sum of the Aggregate ...

Examples of Preferred Capital Securities in a sentence

  • Until all such Events of Default under this Trust Agreement with respect to the Preferred Capital Securities have been so cured, waived or otherwise eliminated, to the fullest extent permitted by applicable law, the Property Trustee shall act solely on behalf of the Holders of the Preferred Capital Securities and not on behalf of the Holder of the Common Securities, and only the Holders of the Preferred Capital Securities will have the right to direct the Property Trustee to act on their behalf.

  • Notwithstanding any other provision of this Trust Agreement, transfers and exchanges of Preferred Capital Securities and beneficial interests in a Global Preferred Capital Security shall be made only in accordance with this Section 5.

  • Except as set forth herein, record ownership of the Global Preferred Capital Securities may be transferred, in whole or in part, only to another nominee of Depositary or to a successor of the Depository or its nominee.

  • If a quorum is present at a meeting, an affirmative vote by the Holders of record present, in person or by proxy, holding Preferred Capital Securities representing at least a Majority in Liquidation Amount of the Preferred Capital Securities held by the Holders present, either in person or by proxy, at such meeting shall constitute the action of the Holders of Preferred Capital Securities, unless this Trust Agreement requires a greater number of affirmative votes.

  • The Property Trustee shall not revoke any action previously authorized or approved by a vote of the Holders of Preferred Capital Securities, except by a subsequent vote of the Holders of Preferred Capital Securities.

  • With respect to Preferred Capital Securities that are not held in global form, if any, the Property Trustee, subject to Section 4.2(c), will irrevocably deposit with the Paying Agent, to the extent available therefor, funds sufficient to pay the applicable Redemption Price and will give the Paying Agent irrevocable instructions and authority to pay the Redemption Price to the Holders of the Preferred Capital Securities upon surrender of their Preferred Capital Securities Certificates.

  • Every Preferred Capital Securities Certificate presented or surrendered for transfer or exchange shall (if so required by the Property Trustee) be duly endorsed, or be accompanied by a written instrument of transfer in form satisfactory to the Property Trustee and the Securities Registrar, duly executed by the Holder thereof or such Holder’s attorney duly authorized in writing.

  • Holders of at least a Majority in Liquidation Amount of the Preferred Capital Securities, present in person or represented by proxy, shall constitute a quorum at any meeting of Holders of the Preferred Capital Securities.

  • For all purposes of this Trust Agreement, unless the context otherwise requires, all provisions relating to the redemption of Preferred Capital Securities shall relate, in the case of any Preferred Capital Securities redeemed, to the portion of the aggregate Liquidation Amount of Preferred Capital Securities that has been or is to be redeemed.

  • If the Property Trustee fails to annul any such declaration and waive such default, the Holders of at least a Majority in Liquidation Amount of the Preferred Capital Securities shall also have the right to rescind and annul such declaration and its consequences by written notice to the Depositor, the Property Trustee and the Indenture Trustee, subject to the satisfaction of the conditions set forth in clauses (i) and (ii) of this Section 5.13(b).


More Definitions of Preferred Capital Securities

Preferred Capital Securities has the meaning specified in the recitals to this Guarantee Agreement.