Series B Guarantee definition
Examples of Series B Guarantee in a sentence
The Guarantee Trustee shall have the right at any time to seek instructions concerning the administration of this Series B Guarantee from any court of competent jurisdiction.
This Series B Guarantee creates a guarantee of payment and not of collection.
Upon such waiver, any such Event of Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured, for every purpose of this Series B Guarantee, but no such waiver shall extend to any subsequent or other default or Event of Default or impair any right consequent thereon.
The Guarantor shall provide to the Guarantee Trustee such evidence of compliance with the conditions precedent, if any, provided for in this Series B Guarantee that relate to any of the matters set forth in Section 314(c) of the Trust Indenture Act.
No third party shall be required to inquire as to the authority of the Guarantee Trustee to so act or as to its compliance with any of the terms and provisions of this Series B Guarantee, both of which shall be conclusively evidenced by the Guarantee Trustee's or its agent's taking such action.
The Guarantor acknowledges that its obligations hereunder are independent of the obligations of the Issuer with respect to the Series B Capital Securities and that the Guarantor shall be liable as principal and as debtor hereunder to make Guarantee Payments pursuant to the terms of this Series B Guarantee notwithstanding the occurrence of any event referred to in subsections (a) through (g), inclusive, of Section 5.3 hereof.
All guarantees and agreements contained in this Series B Guarantee shall bind the successors, assigns, receivers, trustees and representatives of the Guarantor and shall inure to the benefit of the Holders of the Series B Capital Securities then outstanding.
The Declaration shall be deemed to be specifically described in this Series B Guarantee for the purposes of clause (i) of the first proviso contained in Section 310(b) of the Trust Indenture Act.
Except with respect to any changes that do not adversely affect the powers, preferences, rights or interests of Holders of the Series B Capital Securities in any material respect (in which case no approval of Holders will be required), this Series B Guarantee may be amended only with the prior approval of the Holders of a Majority in Liquidation Amount of the Series B Capital Securities.
By their acceptance thereof, each Holder of Series B Capital Securities agrees to the foregoing provisions of this Series B Guarantee and the other terms set forth herein.