Common use of Guarantee Clause in Contracts

Guarantee. The Guarantor irrevocably and unconditionally agrees to pay in full to the Holders the Guarantee Payments (without duplication of amounts theretofore paid by the Issuer), as and when due, regardless of any defense, right of set-off or counterclaim that the Issuer may have or assert. The Guarantor's obligation to make a Guarantee Payment may be satisfied by direct payment of the required amounts by the Guarantor to the Holders or by causing the Issuer to pay such amounts to the Holders.

Appears in 324 contracts

Samples: Preferred Securities Guarantee Agreement (Protective Life Corp), Securities Guarantee Agreement (Bank of America Corp /De/), Securities Guarantee Agreement (Axis Capital Holdings LTD)

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Guarantee. The Guarantor irrevocably and unconditionally agrees to pay in full to the Holders the Guarantee Payments (without duplication of amounts theretofore paid by the IssuerTrust), as and when due, regardless of any defense, right of set-off or counterclaim that the Issuer Trust may have or assert. The Guarantor's obligation to make a Guarantee Payment may be satisfied by direct payment of the required amounts by the Guarantor to the Holders or by causing the Issuer Trust to pay such amounts to the Holders.

Appears in 134 contracts

Samples: Preferred Securities Guarantee Agreement (S Y Bancorp Inc), Preferred Securities Guarantee Agreement (Itla Capital Corp), Preferred Securities Guarantee Agreement (Itla Capital Corp)

Guarantee. The Guarantor irrevocably and unconditionally agrees to pay in full to the Holders the Guarantee Payments (without duplication of amounts theretofore paid by or on behalf of the Issuer), as and when due, regardless of any defense, right of set-off or counterclaim that which the Issuer may have or assert. The Guarantor's obligation to make a Guarantee Payment may be satisfied by direct payment of the required amounts by the Guarantor to the Holders or by causing the Issuer to pay such amounts to the Holders.

Appears in 121 contracts

Samples: Guarantee Agreement (TCF Capital I), Guarantee Agreement (Sce Trust I), Guarantee Agreement (Sce Trust I)

Guarantee. (a) The Guarantor irrevocably and unconditionally agrees to pay in full to the Holders the Guarantee Payments (without duplication of amounts theretofore paid by the Issuer), as and when due, regardless of any defensedefense (except the defense of payment by the Issuer), right of set-off or counterclaim that the Issuer may have or assert. The Guarantor's ’s obligation to make a Guarantee Payment may be satisfied by direct payment of the required amounts by the Guarantor to the Holders or by causing the Issuer to pay such amounts to the Holders.

Appears in 93 contracts

Samples: Guarantee Agreement (Bancfirst Corp /Ok/), Guarantee Agreement (Pathfinder Bancorp, Inc.), Guarantee Agreement (Great Western Bancorp, Inc.)

Guarantee. (a) The Guarantor irrevocably and unconditionally agrees to pay in full to the Holders the Guarantee Payments (without duplication of amounts theretofore paid by the Issuer), as and when due, regardless of any defensedefense (except the defense of payment by the Issuer), right of set-off or counterclaim that the Issuer may have or assert. The Guarantor's obligation to make a Guarantee Payment may be satisfied by direct payment of the required amounts by the Guarantor to the Holders or by causing the Issuer to pay such amounts to the Holders.

Appears in 93 contracts

Samples: Guarantee Agreement (Merchants Bancshares Inc), Guarantee Agreement (First Community Bancorp /Ca/), 2001 Guarantee Agreement (First Community Bancorp /Ca/)

Guarantee. (a) The Guarantor irrevocably and unconditionally agrees to pay in full to the Holders the Guarantee Payments (without duplication of amounts theretofore paid by the Issuer), as and when due, regardless of any defensedefense (except as defense of payment by the Issuer), right of set-off or counterclaim that the Issuer may have or assert. The Guarantor's obligation to make a Guarantee Payment may be satisfied by direct payment of the required amounts by the Guarantor to the Holders or by causing the Issuer to pay such amounts to the Holders.

Appears in 92 contracts

Samples: Guarantee Agreement (Hanmi Financial Corp), Guarantee Agreement (BBCN Bancorp Inc), Guarantee Agreement (Cathay General Bancorp)

Guarantee. The Guarantor irrevocably and unconditionally agrees to pay in full to the Holders the Guarantee Payments (without duplication of amounts theretofore paid by the Issuer), as and when due, regardless of any defense, right of set-off or counterclaim that which the Issuer may have or assert. The Guarantor's obligation to make a Guarantee Payment may be satisfied by direct payment of the required amounts by the Guarantor to the Holders or by causing the Issuer to pay such amounts to the Holders.

Appears in 76 contracts

Samples: Guarantee Agreement (Pogo Trust Ii), Securities Guarantee Agreement (Mediaone Finance Trust Vi), Preferred Securities Guarantee Agreement (Oxy Capital Trust Iii)

Guarantee. The Guarantor irrevocably and unconditionally agrees to pay in full to the Holders the Guarantee Payments (without duplication of amounts theretofore paid by or on behalf of the IssuerTrust), as and when due, regardless of any defense, right of set-off or counterclaim that which the Issuer Guarantor may have or assertassert against any Person. The Guarantor's obligation to make a Guarantee Payment may be satisfied by direct payment of the required amounts by the Guarantor to the Holders or by causing the Issuer Trust to pay such amounts to the Holders.

Appears in 70 contracts

Samples: Guarantee Agreement (Gulf Power Capital Trust Iv), Guarantee Agreement (Georgia Power Capital Trust Vi), Preferred Securities Guarantee Agreement (Southern Co Capital Trust Vii)

Guarantee. (a) The Guarantor irrevocably and unconditionally agrees to pay in full to the Holders the Guarantee Payments (without duplication of amounts theretofore paid by the Issuer), as and when due, regardless of any defensedefense (except as defense of payment by the Issuer), right of set-off or counterclaim that the Issuer may have or assert. The Guarantor's ’s obligation to make a Guarantee Payment may be satisfied by direct payment of the required amounts by the Guarantor to the Holders or by causing the Issuer to pay such amounts to the Holders.

Appears in 67 contracts

Samples: Guarantee Agreement (Chino Commercial Bancorp), Guarantee Agreement (Great Western Bancorp, Inc.), Guarantee Agreement (Great Western Bancorp, Inc.)

Guarantee. The Guarantor irrevocably and unconditionally agrees to pay in full to the Holders the Guarantee Payments (without duplication of amounts theretofore paid by or on behalf of the IssuerIssuer Trust), as and when due, regardless of any defense, right of set-off or counterclaim that the Issuer Trust may have or assert, except the defense of payment. The Guarantor's obligation to make a Guarantee Payment may be satisfied by direct payment of the required amounts by the Guarantor to the Holders or by causing the Issuer Trust to pay such amounts to the Holders.

Appears in 62 contracts

Samples: Guarantee Agreement (Bb&t Capital Trust I), Guarantee Agreement (Bb&t Capital Trust I), Trust Agreement (DPL Inc)

Guarantee. The Guarantor irrevocably and unconditionally agrees to pay in full to the Holders the Guarantee Payments (without duplication of amounts theretofore paid by or on behalf of the IssuerIssuer Trust), as and when due, regardless of any defense, right of set-off or counterclaim that the Issuer Trust may have or assert, except the defense of payment. The Guarantor's ’s obligation to make a Guarantee Payment may be satisfied by direct payment of the required amounts by the Guarantor to the Holders or by causing the Issuer Trust to pay such amounts to the Holders.

Appears in 45 contracts

Samples: Guarantee Agreement (Truist Financial Corp), Guarantee Agreement (Goldman Sachs Group Inc), Guarantee Agreement (Goldman Sachs Group Inc)

Guarantee. The Guarantor irrevocably and unconditionally agrees to pay in full to the Holders the Guarantee Payments (without duplication of amounts theretofore paid by the Issuer), as and when due, regardless of any defense, right of set-set- off or counterclaim that the Issuer may have or assert. The Guarantor's obligation to make a Guarantee Payment may be satisfied by direct payment of the required amounts by the Guarantor to the Holders or by causing the Issuer to pay such amounts to the Holders.

Appears in 38 contracts

Samples: Guarantee Agreement (R&g Financial Corp), Guarantee Agreement (Great Western Financial Trust I /De/), Preferred Securities Guarantee Agreement (Bank One Capital V)

Guarantee. (a) The Guarantor irrevocably and unconditionally agrees to pay in full to the Holders the Guarantee Payments (without duplication of amounts theretofore paid by the Issuer), as and when due, regardless of any defensedefense (except defense of payment by the Issuer), right of set-off or counterclaim that the Issuer may have or assert. The Guarantor's obligation to make a Guarantee Payment may be satisfied by direct payment of the required amounts by the Guarantor to the Holders or by causing the Issuer to pay such amounts to the Holders.

Appears in 33 contracts

Samples: Guarantee Agreement (Hf Financial Corp), Guarantee Agreement (First Financial Capital Trust I), Guarantee Agreement (PFF Bancorp Inc)

Guarantee. (a) The Guarantor irrevocably and unconditionally agrees to pay in full to the Holders the Guarantee Payments (without duplication of amounts theretofore paid by the Issuer), as and when due, regardless of any defensedefense (except defense of payment by the Issuer), right of set-off or counterclaim that the Issuer may have or assert. The Guarantor's ’s obligation to make a Guarantee Payment may be satisfied by direct payment of the required amounts by the Guarantor to the Holders or by causing the Issuer to pay such amounts to the Holders.

Appears in 29 contracts

Samples: Guarantee Agreement (Square 1 Financial Inc), Guarantee Agreement (Square 1 Financial Inc), Guarantee Agreement (EverBank Financial Corp)

Guarantee. The Guarantor irrevocably and unconditionally agrees to pay in full to the Holders the Guarantee Payments (without duplication of amounts theretofore paid by the Issuer), as and when due, regardless of any defense, right of set-off or counterclaim that the Issuer may have or assert. The Guarantor's ’s obligation to make a Guarantee Payment may be satisfied by direct payment of the required amounts by the Guarantor to the Holders or by causing the Issuer to pay such amounts to the Holders.

Appears in 27 contracts

Samples: Preferred Securities Guarantee Agreement, Preferred Securities Guarantee Agreement (Allstate Financing X), Preferred Securities Guarantee Agreement (Valley National Bancorp)

Guarantee. The Guarantor irrevocably and unconditionally agrees to pay in full to the Holders the Guarantee Payments (without duplication of amounts theretofore paid by or on behalf of the Issuer), as and when due, regardless of any defense, right of set-off or counterclaim that which the Issuer may have or assertassert other than the defense of payment. The Guarantor's obligation to make a Guarantee Payment may be satisfied by direct payment of the required amounts by the Guarantor to the Holders or by causing the Issuer to pay such amounts to the Holders.

Appears in 25 contracts

Samples: Guarantee Agreement (Boise Cascade Corp), Boise Cascade Corp, Trust Agreement (Ilm Ii Senior Living Inc /Va)

Guarantee. The Guarantor irrevocably and unconditionally agrees to pay in full to the Holders the Guarantee Payments (without duplication of amounts theretofore paid by or on behalf of the Issuer), as and when due, regardless of any defense, right of set-off or counterclaim that the Issuer may have or assert. The Guarantor's obligation to make a Guarantee Payment may be satisfied by direct payment of the required amounts by the Guarantor to the Holders or by causing the Issuer to pay such amounts to the Holders.

Appears in 21 contracts

Samples: Guarantee Agreement (Prudential Financial Capital Trust Ii), Preferred Securities Guarantee Agreement (Prudential Financial Capital Trust Ii), Preferred Securities Guarantee Agreement (Prudential Financial Capital Trust Ii)

Guarantee. The Guarantor irrevocably and unconditionally agrees to pay in full to the Holders the Guarantee Payments (without duplication of amounts theretofore paid by the Issuer)Payments, as and when due, regardless of any defense, right of set-off or counterclaim that the Issuer may have or assert. The Guarantor's obligation to make a Guarantee Payment may be satisfied by direct payment of the required amounts by the Guarantor to the Holders or by causing the Issuer to pay such amounts to the Holders.

Appears in 21 contracts

Samples: Securities Guarantee Agreement (Capital One Capital II), Capital Securities Guarantee Agreement (Citigroup Capital Ix), Capital Securities Guarantee Agreement (Citigroup Capital Xii)

Guarantee. The Guarantor irrevocably and unconditionally agrees to pay in full to the Holders the Guarantee Payments (without duplication of amounts theretofore paid by or on behalf of the Issuer), as and when due, regardless of any defense, right of set-off or counterclaim that which the Issuer may have or assert. The Guarantor's ’s obligation to make a Guarantee Payment may be satisfied by direct payment of the required amounts by the Guarantor to the Holders or by causing the Issuer to pay such amounts to the Holders.

Appears in 19 contracts

Samples: Guarantee Agreement (Redwood Capital Trust Ii), Guarantee Agreement (Susquehanna Bancshares Inc), Guarantee Agreement (Susquehanna Capital IV)

Guarantee. The Guarantor irrevocably and unconditionally agrees to pay in full to the Holders the Guarantee Payments (without duplication of amounts theretofore paid by or on behalf of the IssuerTrust), as and when due, regardless of any defense, right of set-off or counterclaim that which the Issuer Guarantor may have or assertassert against any person. The Guarantor's obligation to make a Guarantee Payment may be satisfied by direct payment of the required amounts by the Guarantor to the Holders or by causing the Issuer Trust to pay such amounts to the Holders.

Appears in 19 contracts

Samples: Guarantee Agreement (Semco Energy Inc), Guarantee Agreement (Duke Capital Financing Trust Vi), Guarantee Agreement (DRH Regrem Xii Lp)

Guarantee. The Guarantor irrevocably and unconditionally agrees to pay in full to the Holders the Guarantee Payments (without duplication of amounts theretofore paid by the Issuer)Payments, as and when due, regardless of any defense, right of set-off or counterclaim that the Issuer may have or assert. The Guarantor's ’s obligation to make a Guarantee Payment may be satisfied by direct payment of the required amounts by the Guarantor to the Holders or by causing the Issuer to pay such amounts to the Holders.

Appears in 17 contracts

Samples: Capital Securities Guarantee Agreement (Citigroup Capital XXII), Securities Guarantee Agreement (Citigroup Capital XXII), Securities Guarantee Agreement (Citigroup Capital XXII)

Guarantee. The Guarantor irrevocably and unconditionally agrees to pay in full to the Holders the Guarantee Payments (without duplication of amounts theretofore paid by the Issuer), as and when due, regardless of any defense, right of set-off or counterclaim that the Issuer may have or assert. The Guarantor's obligation to make a Guarantee Payment may be satisfied by direct payment of the required amounts by the Guarantor to the Holders or by causing the Issuer to pay such amounts to the Holders.

Appears in 16 contracts

Samples: 4 Guarantee Agreement (Ccci Capital Trust Iii), Guarantee Agreement (Fund American Co Inc/New), Guarantee Agreement (PWG Capital Trust Iv)

Guarantee. The Guarantor irrevocably and unconditionally agrees to pay in full to the Holders the Guarantee Payments (without duplication of amounts theretofore paid by the IssuerTrust), as and when due, regardless of any defense, right of set-off or counterclaim that the Issuer Trust may have or assert. The Guarantor's ’s obligation to make a Guarantee Payment may be satisfied by direct payment of the required amounts by the Guarantor to the Holders or by causing the Issuer Trust to pay such amounts to the Holders.

Appears in 15 contracts

Samples: Trust Preferred Securities Guarantee Agreement (San Rafael Bancorp), Capital Securities Guarantee Agreement (Great Southern Capital Trust IV), Preferred Securities Guarantee Agreement (S.Y. Bancorp Capital Trust II)

Guarantee. The Guarantor irrevocably and unconditionally agrees to pay in full to the Holders the Guarantee Payments (without duplication of amounts theretofore paid by the Issuer), as and when due, ) regardless of any defense, right of set-off or counterclaim that which the Issuer may have or assert. The Guarantor's obligation to make a Guarantee Payment may be satisfied by direct payment of the required amounts by the Guarantor to the Holders or by causing the Issuer to pay such amounts to the Holders.

Appears in 14 contracts

Samples: Guarantee Agreement (Ual Corp /De/), Guarantee Agreement (RJR Nabisco Holdings Capital Trust Ii), Guarantee Agreement (Aes Corporation)

Guarantee. The Guarantor irrevocably and unconditionally agrees to pay in full to the Holders the Guarantee Payments (without duplication of amounts theretofore paid by the Issuer), if, as and when due, regardless of any defense, right of set-off or counterclaim that the Issuer may have or assert. The Guarantor's obligation to make a Guarantee Payment may be satisfied by direct payment of the required amounts by the Guarantor to the Holders or by causing the Issuer to pay such amounts to the Holders.

Appears in 13 contracts

Samples: Securities Guarantee Agreement (American Classic Voyages Co), Trust Preferred Securities Guarantee Agreement (Uds Funding Ii Lp), Debenture Guarantee Agreement (Capita Preferred Trust)

Guarantee. The Guarantor irrevocably and unconditionally agrees to pay in full to the Holders the Guarantee Payments (without duplication of amounts theretofore paid by or on behalf of the IssuerIssuer pursuant to the Declaration or by the Guarantor pursuant to the Indenture), as and when due, regardless of any defense, right of set-off or counterclaim that the Issuer may have or assert. The Guarantor's obligation to make a Guarantee Payment may be satisfied by direct payment of the required amounts by the Guarantor to the Holders or by causing the Issuer to pay such amounts to the Holders.

Appears in 12 contracts

Samples: Preferred Securities Guarantee Agreement (St Paul Companies Inc /Mn/), Preferred Securities Guarantee Agreement (Allegheny Energy Inc), Preferred Securities Guarantee Agreement (St Paul Companies Inc /Mn/)

Guarantee. The Guarantor irrevocably and unconditionally agrees to pay in full to the Holders of the Outstanding Preferred Securities the Guarantee Payments (without duplication of amounts theretofore paid by or on behalf of the IssuerIssuer pursuant to the Trust Agreement or by the Guarantor pursuant to the Indenture), as and when due, regardless of any defense, right of set-off or counterclaim that which the Issuer may have or assert. The Guarantor's obligation to make a Guarantee Payment may be satisfied by direct payment of the required amounts by the Guarantor to the Holders or by causing the Issuer to pay such amounts to the Holders.

Appears in 12 contracts

Samples: Guarantee Agreement (Pseg Funding Trust Ii), Guarantee Agreement (Pseg Funding Trust Ii), Guarantee Agreement (Pse&g Capital Trust Iii)

Guarantee. The Guarantor irrevocably and unconditionally agrees to pay in full to the Holders (except to the Guarantee Payments (without duplication of amounts theretofore extent paid by the IssuerTrust), as and when due, regardless of any defense, right of set-off or counterclaim that the Issuer Trust may have or assert, the Guarantee Payments, without duplication. The Guarantor's obligation to make a Guarantee Payment may be satisfied by direct payment of the required amounts by the Guarantor to the Holders or by causing the Issuer Trust to pay such amounts to the Holders.

Appears in 10 contracts

Samples: Preferred Securities Guarantee Agreement (Walbro Capital Trust), Securities Guarantee Agreement (Finova Finance Trust), Common Securities Guarantee Agreement (Sun Healthcare Group Inc)

Guarantee. The Guarantor irrevocably and unconditionally agrees to pay in full to the Holders the Guarantee Payments (without duplication of amounts theretofore paid by the Issuer), if, as and when due, regardless of any defense, right of set-off setoff or counterclaim that the Issuer may have or assert. The Guarantor's obligation to make a Guarantee Payment may be satisfied by direct payment of the required amounts by the Guarantor to the Holders or by causing the Issuer to pay such amounts to the Holders.

Appears in 10 contracts

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

Guarantee. The Guarantor irrevocably and unconditionally agrees to pay in full to the Holders the Guarantee Payments (without duplication of amounts theretofore paid by the Issuer), as and when due, regardless of any defense, right of set-set- off or counterclaim that which the Issuer may have or assert. The Guarantor's obligation to make a Guarantee Payment may be satisfied by direct payment of the required amounts by the Guarantor to the Holders or by causing the Issuer to pay such amounts to the Holders.

Appears in 10 contracts

Samples: Common Securities Guarantee Agreement (Coastal Corp), Common Securities Guarantee Agreement (Coastal Corp), Common Securities Guarantee Agreement (Dynegy Capital Trust Ii)

Guarantee. The Guarantor irrevocably and unconditionally agrees to pay in full to the Holders the Guarantee Payments (without duplication of amounts theretofore paid by or on behalf of the IssuerIssuer Trust), as and when due, regardless of any defense, right of set-off or counterclaim that which the Issuer Trust may have or assert, except the defense of payment. The Guarantor's ’s obligation to make a Guarantee Payment may be satisfied by direct payment of the required amounts by the Guarantor to the Holders or by causing the Issuer Trust to pay such amounts to the Holders.

Appears in 10 contracts

Samples: Guarantee Agreement (Comerica Capital Trust Ii), Guarantee Agreement (KeyCorp Capital VIII), Guarantee Agreement (Citizens Funding Trust II)

Guarantee. The Guarantor irrevocably and unconditionally agrees to pay in full to the Holders the Guarantee Payments (without duplication of amounts theretofore paid by the Issuer), as and when due, regardless of any defense, right of set-set off or counterclaim that the Issuer may have or assert. The Guarantor's obligation to make a Guarantee Payment may be satisfied by direct payment of the required amounts by the Guarantor to the Holders or by causing the Issuer to pay such amounts to the Holders.

Appears in 8 contracts

Samples: Preferred Securities Guarantee Agreement (Centurytel Inc), Preferred Securities Guarantee Agreement (Continental Airlines Finance Trust Iii), Preferred Securities Guarantee Agreement (Dynegy Capital Trust Iii)

Guarantee. The Guarantor irrevocably and unconditionally agrees to pay in full to the Holders the Guarantee Payments Payments, as and when due (without duplication of amounts theretofore paid by the Issuer), as and when due, regardless of any defense, right of set-off or counterclaim that which the Issuer may have or assert. The Guarantor's obligation to make a Guarantee Payment may be satisfied by direct payment of the required amounts by the Guarantor to the Holders or by causing the Issuer to pay such amounts to the Holders.

Appears in 8 contracts

Samples: Partnership Guarantee Agreement (Merrill Lynch Preferred Funding I Lp), Partnership Guarantee Agreement (Capita Preferred Trust), Partnership Preferred Securities Guarantee Agreement (Uds Funding Ii Lp)

Guarantee. The Guarantor irrevocably and unconditionally agrees to pay in full to the Holders the Guarantee Payments (without duplication of amounts theretofore paid by or on behalf of the IssuerIssuer Trust), as and when due, regardless of any defense, right of set-off or counterclaim that which the Issuer Trust may have or assert, except the defense of payment. The Guarantor's obligation to make a Guarantee Payment may be satisfied by direct payment of the required amounts by the Guarantor to the Holders or by causing the Issuer Trust to pay such amounts to the Holders.

Appears in 8 contracts

Samples: Guarantee Agreement (Keycorp Capital V), Guarantee Agreement (Keycorp Capital V), Agreement (Keycorp Capital Iii)

Guarantee. The Guarantor has unconditionally and irrevocably and unconditionally agrees guaranteed the due payment of all sums expressed to pay in full to the Holders the Guarantee Payments (without duplication of amounts theretofore paid be payable by the Issuer), as Issuer under the Securities and when due, regardless the Coupons on a subordinated basis. Its obligations in that respect (the "Guarantee") are set out in the deed of any defense, right of set-off or counterclaim that guarantee dated the Issuer may have or assert. The Guarantor's obligation to make a Guarantee Payment may be satisfied by direct payment of the required amounts Issue Date and made by the Guarantor to for the Holders or by causing the Issuer to pay such amounts to benefit of the Holders.

Appears in 8 contracts

Samples: Terms and Conditions, Terms and Conditions, Terms and Conditions

Guarantee. The Guarantor irrevocably and unconditionally --------- agrees to pay in full to the Holders the Guarantee Payments (without duplication of amounts theretofore paid by or on behalf of the Issuer), as and when due, regardless of any defense, right of set-off or counterclaim that which the Issuer may have or assert. The Guarantor's obligation to make a Guarantee Payment may be satisfied by direct payment of the required amounts by the Guarantor to the Holders or by causing the Issuer to pay such amounts to the Holders.

Appears in 7 contracts

Samples: Guarantee Agreement (Sempra Energy Capital Trust Ii), Guarantee Agreement (Eix Trust Iii), Guarantee Agreement (Sempra Energy Global Enterprises)

Guarantee. The Guarantor irrevocably and unconditionally agrees to pay in full to the Holders of the Outstanding Preferred Securities the Guarantee Payments (without duplication of amounts theretofore paid by or on behalf of the IssuerIssuer pursuant to the Declaration or by the Guarantor pursuant to the Indenture), as and when due, regardless of any defense, right of set-off or counterclaim that which the Issuer may have or assert. The Guarantor's obligation to make a Guarantee Payment may be satisfied by direct payment of the required amounts by the Guarantor to the Holders or by causing the Issuer to pay such amounts to the Holders.

Appears in 7 contracts

Samples: Guarantee Agreement (Nationwide Financial Services Inc/), Guarantee Agreement (Public Service Co of Colorado), Guarantee Agreement (Nationwide Financial Services Inc/)

Guarantee. The Guarantor irrevocably and unconditionally agrees to pay in full to the Holders the Guarantee Payments (without duplication of amounts theretofore paid by or on behalf of the Issuer), as and when due, regardless of any defense, right of set-off or counterclaim that the Issuer may have or assert, except the defense of payment. The Guarantor's obligation to make a Guarantee Payment may be satisfied by direct payment of the required amounts by the Guarantor to the Holders or by causing the Issuer to pay such amounts to the Holders.

Appears in 7 contracts

Samples: Guarantee Agreement (MRH Capital Trust I), Guarantee Agreement (Partnerre LTD), Guarantee Agreement (Partnerre LTD)

Guarantee. The Guarantor irrevocably and unconditionally agrees to pay in full to the Holders the Guarantee GUARANTEE Payments (without duplication of amounts theretofore paid by the Issuer), as and when due, ) regardless of any defense, right of set-off or counterclaim that which the Issuer may have or assert. The Guarantor's obligation to make a Guarantee GUARANTEE Payment may be satisfied by direct payment of the 15 15 required amounts by the Guarantor to the Holders or by causing the Issuer to pay such amounts to the Holders.

Appears in 7 contracts

Samples: Guarantee Agreement (J P Morgan Chase & Co), JPM Capital Trust Iv, JPM Capital Trust Iv

Guarantee. The Guarantor irrevocably and unconditionally agrees to pay in full to the Holders the Guarantee Payments (without duplication of amounts theretofore paid by the Issuer), as and when due, regardless of any defense, right of set-off or counterclaim that which the Issuer may have or assert. The Guarantor's obligation to make a Guarantee Payment may be satisfied by direct payment of the required amounts by the Guarantor to the Holders or to the Guarantee Trustee for remittance to the Holders or by causing the Issuer to pay such amounts to the Holders.

Appears in 7 contracts

Samples: Guarantee Agreement (Acs Trust I), Guarantee Agreement (Iron Mountain Records Management Inc), Guarantee Agreement (Marathon Financing Trust I)

Guarantee. The Guarantor irrevocably and unconditionally agrees to pay in full to the Holders the Guarantee Payments (without duplication of amounts theretofore paid by the Issuer), as and when due, regardless of any defense, right of set-off set‑off or counterclaim that the Issuer may have or assert. The Guarantor's obligation to make a Guarantee Payment may be satisfied by direct payment of the required amounts by the Guarantor to the Holders or by causing the Issuer to pay such amounts to the Holders.

Appears in 6 contracts

Samples: Capital Securities Guarantee Agreement (Bank of America Corp /De/), Capital Securities Guarantee Agreement (Bank of America Corp /De/), Capital Securities Guarantee Agreement (Bank of America Corp /De/)

Guarantee. The Guarantor irrevocably and unconditionally agrees to pay in full to the Holders the Guarantee Payments (without duplication of amounts theretofore paid by the Issuer)Payments, as and when due, regardless of any defense, right of set-off or counterclaim that which the Issuer may have or assert. The Guarantor's obligation to make a Guarantee Payment may be satisfied by direct payment of the required amounts by the Guarantor to the Holders or by causing the Issuer to pay such amounts to the Holders.

Appears in 6 contracts

Samples: Common Securities Guarantee Agreement (Allegheny Energy Inc), Common Securities Guarantee Agreement (St Paul Capital Trust Ii), Common Securities Guarantee Agreement (Allegheny Energy Inc)

Guarantee. The Guarantor irrevocably and unconditionally agrees to pay in full to the Holders the Guarantee Payments (without duplication of amounts theretofore paid by the IssuerTrust or the Guarantor), as and when due, regardless of any defense, right of set-off setoff or counterclaim that the Issuer Trust may have or assert. The Guarantor's ’s obligation to make a Guarantee Payment may be satisfied by direct payment of the required amounts by the Guarantor to the Holders or by causing the Issuer Trust to pay such amounts to the Holders.

Appears in 6 contracts

Samples: Guarantee Agreement (Sce Trust Vi), Guarantee Agreement (SCE Trust V), Guarantee Agreement (SCE Trust IV)

Guarantee. The Guarantor irrevocably and unconditionally agrees to pay in full to the Holders the Guarantee Payments (without duplication of amounts theretofore paid by the Issuer), as and when due, regardless of any defense, right of set-set- off or counterclaim counter-claim that the Issuer may have or assert. The Guarantor's obligation to make a Guarantee Payment may be satisfied by direct payment of the required amounts by the Guarantor to the Holders or by causing the Issuer to pay such amounts to the Holders.

Appears in 6 contracts

Samples: Preferred Securities Guarantee Agreement (Tci Communications Financing Iv), Preferred Securities Guarantee Agreement (Tci Communications Financing Iv), Preferred Securities Guarantee Agreement (Tci Communications Financing Iv)

Guarantee. The Guarantor irrevocably and unconditionally agrees to pay in full to the Holders the Guarantee Payments (without duplication of amounts theretofore paid by or on behalf of the IssuerIssuer Trust), as and when due, regardless of any defense, right of set-off or counterclaim that which the Issuer Trust may have or assert, except the defense of payment. The Guarantor's obligation to make a Guarantee Payment may be satisfied by direct payment of the required amounts by the Guarantor to the Holders or by causing the Issuer Trust to pay such amounts to the Holders.

Appears in 6 contracts

Samples: Guarantee Agreement (Goldman Sachs Group Inc/), Guarantee Agreement (Goldman Sachs Capital V), Guarantee Agreement (Goldman Sachs Group Inc/)

Guarantee. SECTION 1 Guarantee --------- The Guarantor irrevocably and unconditionally agrees to pay in full to the Holders the Guarantee Payments (without duplication of amounts theretofore paid by the Issuer)Payments, as and when due, regardless of any defense, right of set-off or counterclaim that the Issuer may have or assert. The Guarantor's obligation to make a Guarantee Payment may be satisfied by direct payment of the required amounts by the Guarantor to the Holders or by causing the Issuer to pay such amounts to the Holders.

Appears in 5 contracts

Samples: Preferred Securities Guarantee Agreement (Commercial Credit Co), Preferred Securities Guarantee Agreement (Commercial Credit Co), Preferred Securities Guarantee Agreement (Commercial Credit Co)

Guarantee. SECTION 2.1 Guarantee --------- The Guarantor irrevocably and unconditionally agrees to pay in full to the Holders the Guarantee Payments (without duplication of amounts theretofore paid by the Issuer), as and when due, regardless of any defense, right of set-set- off or counterclaim that which the Issuer may have or assert. The Guarantor's obligation to make a Guarantee Payment may be satisfied by direct payment of the required amounts by the Guarantor to the Holders or by causing the Issuer to pay such amounts to the Holders.

Appears in 5 contracts

Samples: Common Securities Guarantee Agreement (Tci Communications Financing Iv), Common Securities Guarantee Agreement (Tci Communications Financing Iv), Common Securities Guarantee Agreement (Tci Communications Financing Iv)

Guarantee. The Guarantor irrevocably and unconditionally agrees to pay in full to the Holders the Guarantee Payments (without duplication of amounts theretofore paid by or on behalf of the IssuerTrust), as and when due, regardless of any defense, right of set-off or counterclaim that which the Issuer Trust may have or assertassert against any Person. The Guarantor's obligation to make a Guarantee Payment may be satisfied by direct payment of the required amounts by the Guarantor to the Holders or by causing the Issuer Trust to pay such amounts to the Holders.

Appears in 5 contracts

Samples: Preferred Securities Guarantee Agreement (Exelon Corp), Preferred Securities Guarantee Agreement (Stanley Works), Preferred Securities Guarantee Agreement (Exelon Corp)

Guarantee. The Guarantor irrevocably and unconditionally agrees to pay in full to the Holders the Guarantee Payments (without duplication of amounts theretofore paid by or on behalf of the Issuer), as and when due, regardless of any defense, right of set-off or counterclaim that the Issuer may have or assert, except the defense of payment. The Guarantor's ’s obligation to make a Guarantee Payment may be satisfied by direct payment of the required amounts by the Guarantor to the Holders or by causing the Issuer to pay such amounts to the Holders.

Appears in 5 contracts

Samples: Guarantee Agreement (First Niagara Financial Group Inc), Guarantee Agreement (Regions Financing Trust Iii), Guarantee Agreement (Regions Financing Trust Iii)

Guarantee. The Guarantor irrevocably and unconditionally agrees to pay in full to the Holders the Guarantee Payments (without duplication of amounts theretofore theretofor paid by or on behalf of the Issuer), as and when due, regardless of any defense, right of set-off or counterclaim that the Issuer may have or assert. The Guarantor's ’s obligation to make a Guarantee Payment may be satisfied by direct payment of the required amounts by the Guarantor to the Holders or by causing the Issuer to pay such amounts to the Holders.

Appears in 5 contracts

Samples: Preferred Securities Guarantee Agreement, Guarantee Agreement (Gastar Exploration USA, Inc.), Preferred Securities Guarantee Agreement (Ally Financial Inc.)

Guarantee. The Guarantor irrevocably and unconditionally agrees to pay in full to the Holders the Guarantee Payments (without duplication of amounts theretofore paid by or on behalf of the Issuer), as and when due, regardless of any defense, right of set-off or counterclaim that which the Issuer may have or assert, except the defense of payment. The Guarantor's obligation to make a Guarantee Payment may be satisfied by direct payment of the required amounts by the Guarantor to the Holders or by causing the Issuer to pay such amounts to the Holders.

Appears in 5 contracts

Samples: Corporation Guarantee Agreement (Union Planters Corp), Guarantee Agreement (Hancock John Capital Trust Ii), Unumprovident Guarantee Agreement (Unumprovident Financing Trust Iii)

Guarantee. The Guarantor irrevocably and unconditionally agrees to pay in full to the Holders the Guarantee Payments (without duplication of amounts theretofore paid by or on behalf of the Issuer), as and when due, regardless of any defense, right of set-off setoff or counterclaim that which the Issuer may have or assert. The Guarantor's obligation to make a Guarantee Payment may be satisfied by direct payment of the required amounts by the Guarantor to the Holders or by causing the Issuer to pay such amounts to the Holders.

Appears in 5 contracts

Samples: Common Securities Guarantee Agreement (Lomak Petroleum Inc), Guarantee Agreement (Hl&p Capital Trust I), Guarantee Agreement (Hl&p Capital Trust Iv)

Guarantee. The Guarantor irrevocably and unconditionally agrees to pay in full to the Holders the Guarantee Payments (without duplication of amounts theretofore paid by or on behalf of the IssuerTrust), as and when due, regardless of any defense, right of set-off or counterclaim that the Issuer Trust may have or assert, except the defense of payment. The Guarantor's obligation to make a Guarantee Payment may be satisfied by direct payment of the required amounts by the Guarantor to the Holders or by causing the Issuer Trust to pay such amounts to the Holders.

Appears in 5 contracts

Samples: Guarantee Agreement (Metlife Inc), Guarantee Agreement (Metlife Inc), Guarantee Agreement (Metlife Inc)

Guarantee. The Guarantor irrevocably and unconditionally agrees to pay in full to the Holders the Guarantee Payments (without duplication of amounts theretofore paid by or on behalf of the Issuer), as and when due, regardless of any defense, right of set-off or counterclaim that the Issuer may have or assert. The Guarantor's obligation to make a Guarantee Payment may be satisfied by direct payment of the required amounts by the Guarantor to the Holders or by causing the Issuer Issuer, through the Debenture Issuer, to pay such amounts to the Holders.

Appears in 5 contracts

Samples: Agreement (Ace Ina Holdings Inc), Guarantee Agreement (Ace Ina Holdings Inc), Agreement (Ace Ina Holdings Inc)

Guarantee. The Guarantor irrevocably and unconditionally agrees to pay in full to the Holders the Guarantee Payments (without duplication of amounts theretofore paid by the Issuer), ) as and when due, to the Holders of record as of the date upon which such Guarantee Payments are due, regardless of any defense, right of set-off or counterclaim that which the Issuer may have or assert. The Guarantor's obligation to make a Guarantee Payment may be satisfied by direct payment of the required amounts by the Guarantor to the Holders or by causing the Issuer to pay such amounts to the Holders.

Appears in 5 contracts

Samples: Form of Guarantee Agreement (Delphi Trust I), Guarantee Agreement (Ford Credit Capital Trust I), Guarantee Agreement (Ford Motor Co)

Guarantee. The Guarantor irrevocably and unconditionally agrees to pay in full to the Holders the Guarantee Payments Payments, as and when due (without duplication of amounts theretofore paid by the Issuer), as and when due, regardless of any defense, right of set-off setoff or counterclaim that which the Issuer may have or assert. The Guarantor's obligation to make a Guarantee Payment may be satisfied by direct payment of the required amounts by the Guarantor to the Holders or by causing the Issuer to pay such amounts to the Holders.

Appears in 4 contracts

Samples: Enron Capital Trust I, Enron Preferred Funding Ii L P, Enron Capital Trust I

Guarantee. The Guarantor irrevocably and unconditionally agrees to pay in full to the Holders the Guarantee Payments (without duplication of amounts theretofore paid by or on behalf of the Issuer), as and when due, regardless of any defense, right of set-off or counterclaim that which the Issuer may have or assert. The Guarantor's obligation to make a Guarantee Payment may be satisfied by direct payment of the required amounts by the Guarantor to the Holders or by causing the Issuer to pay such amounts to the Holders. The Guarantor shall notify the Guarantee Trustee of any such payment.

Appears in 4 contracts

Samples: Guarantee Agreement (Bankamerica Capital Viii), Guarantee Agreement (Idacorp Trust Iii), Guarantee Agreement (Idacorp Trust Iii)

Guarantee. The Guarantor irrevocably and unconditionally agrees to pay in full to the Holders the Guarantee Payments (without duplication of amounts theretofore paid by or on behalf of the IssuerIssuer Trust), as and when due, regardless of any defense, right of set-off or counterclaim that which the Issuer Trust may have or assert. The Guarantor's ’s obligation to make a Guarantee Payment may be satisfied by direct payment of the required amounts by the Guarantor to the Holders or by causing the Issuer Trust to pay such amounts to the Holders.

Appears in 4 contracts

Samples: Guarantee Agreement (State Street Corp), Guarantee Agreement (Mellon Financial Corp), Guarantee Agreement (Schwab Capital Trust Ii)

Guarantee. The Guarantor irrevocably and unconditionally agrees to pay in full to the Holders the Guarantee Payments (except to the extent paid, and without duplication of amounts theretofore paid paid, by the Issuer), as and when due, regardless of any defense, right of set-off or counterclaim that the Issuer may have or assert. The Guarantor's obligation to make a Guarantee Payment may be satisfied by direct payment of the required amounts by the Guarantor to the Holders or by causing the Issuer to pay such amounts to the Holders.

Appears in 4 contracts

Samples: Preferred Securities Guarantee Agreement (CNF Transportation Inc), Trust Preferred Securities Guarantee Agreement (CNF Transportation Inc), Trust Preferred Securities Guarantee Agreement (Bay View Capital Corp)

Guarantee. The Guarantor irrevocably and unconditionally agrees to pay in full to the Holders the Guarantee Payments (without duplication of amounts theretofore paid by the Issuer), as and when duedue (taking into account any permitted deferral thereof), regardless of any defense, right of set-off or counterclaim that the Issuer may have or assert. The Guarantor's obligation to make a Guarantee Payment may be satisfied by direct payment of the required amounts by the Guarantor to the Holders or by causing the Issuer to pay such amounts to the Holders.

Appears in 4 contracts

Samples: Preferred Securities Guarantee Agreement (Circus Finance Ii), Preferred Securities Guarantee Agreement (Circus Finance Ii), Preferred Securities Guarantee Agreement (Circus Finance Ii)

Guarantee. The Guarantor irrevocably and unconditionally agrees to pay in full to the Holders and the Guarantee Trustee, the Guarantee Payments and all other amounts due under the Trust Agreement (without duplication of amounts theretofore paid by or on behalf of the Issuer), as and when due, regardless of any defense, right of set-off or counterclaim that which the Issuer may have or assert. The Guarantor's ’s obligation to make a Guarantee Payment may be satisfied by direct payment of the required amounts by the Guarantor to the Holders or by causing the Issuer to pay such amounts to the Holders.

Appears in 4 contracts

Samples: Guarantee Agreement (Lincoln National Corp), Guarantee Agreement (Lincoln National Corp), Guarantee Agreement (Metro Capital Trust V)

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Guarantee. The Guarantor irrevocably and unconditionally agrees to pay in full to the Holders the Guarantee Payments (without duplication of amounts theretofore paid by the Issuer), as and when due, regardless of any defense, right of set-off or counterclaim that which the Issuer may have or assert. The Guarantor's ’s obligation to make a Guarantee Payment may be satisfied by direct payment of the required amounts by the Guarantor to the Holders or by causing the Issuer to pay such amounts to the Holders.

Appears in 4 contracts

Samples: Preferred Securities Guarantee Agreement (HSBC Finance Capital Trust IX), Securities Guarantee Agreement (HSBC Finance Capital Trust IX), Common Securities Guarantee Agreement (Sovereign Bancorp Inc)

Guarantee. The Guarantor irrevocably and unconditionally agrees to pay in full to the Holders the Guarantee Payments (without duplication of amounts theretofore paid by or on behalf of the Issuer), as and when due, regardless of any defense, right of set-off or counterclaim that which the Issuer may have or assert, other than the defense of payment. The Guarantor's obligation to make a Guarantee Payment may be satisfied by direct payment of the required amounts by the Guarantor to the Holders or by causing the Issuer to pay such amounts to the Holders.

Appears in 4 contracts

Samples: Guarantee Agreement (Chubb Capital Trust Iii), Guarantee Agreement (Chubb Capital Trust Iii), Guarantee Agreement (Cox Communications Inc /De/)

Guarantee. The Guarantor irrevocably and unconditionally agrees agrees, to the extent set forth herein, to pay in full to the Holders the Guarantee Payments (without duplication of amounts theretofore paid by the Issuer), as and when due, regardless of any defense, right of set-off or counterclaim that the Issuer may have or assert. The Guarantor's obligation to make a Guarantee Payment may be satisfied by direct payment of the required amounts by the Guarantor to the Holders or by causing the Issuer to pay such amounts to the Holders.

Appears in 4 contracts

Samples: Preferred Securities Guarantee Agreement (Fleetwood Enterprises Inc/De/), Preferred Securities Guarantee Agreement (Fleetwood Capital Trust Iii), Preferred Securities Guarantee Agreement (Fleetwood Capital Trust Iii)

Guarantee. The Guarantor irrevocably and unconditionally agrees to pay in full to the Holders of the outstanding Trust Preferred Securities the Guarantee Payments (without duplication of amounts theretofore paid by or on behalf of the IssuerTrust pursuant to the Trust Agreement), as and when due, regardless of any defense, right of set-off or counterclaim that which the Issuer Trust may have or assert. The Guarantor's obligation to make a Guarantee Payment may be satisfied by direct payment of the required amounts by the Guarantor to the Holders or by causing the Issuer Trust to pay such amounts to the Holders.

Appears in 4 contracts

Samples: Trust Guarantee Agreement (Heco Capital Trust I), Trust Guarantee Agreement (Hawaiian Electric Co Inc), Trust Guarantee Agreement (Hawaiian Electric Co Inc)

Guarantee. The Guarantor irrevocably and unconditionally agrees to pay in full to the Holders the Guarantee Payments (without duplication of amounts theretofore paid by the IssuerTrust), if, as and when due, regardless of any defense, right of set-off or counterclaim that the Issuer Trust may have or assert. The Guarantor's ’s obligation to make a Guarantee Payment may be satisfied by direct payment of the required amounts by the Guarantor to the Holders or by causing the Issuer Trust to pay such amounts to the Holders.

Appears in 4 contracts

Samples: Trust Guarantee Agreement (Capmark Finance Inc.), Trust Guarantee Agreement (Lehman Brothers Holdings E-Capital Trust I), Guarantee Agreement (Lehman Brothers Holdings Inc)

Guarantee. The Guarantor irrevocably and unconditionally agrees to pay in full to the Holders the Guarantee Payments (without duplication of amounts theretofore paid by the IssuerTrust), as and when due, regardless of any defense, right of set-off or counterclaim that which the Issuer Trust may have or assert. The Guarantor's obligation to make a Guarantee Payment may be satisfied by direct payment of the required amounts by the Guarantor to the Holders or by causing the Issuer Trust to pay such amounts to the Holders.

Appears in 3 contracts

Samples: Guarantee Agreement (Time Warner Inc), Common Securities Guarantee Agreement (Viatel Inc), Preferred Securities Guarantee Agreement (Crown Media Holdings Inc)

Guarantee. The Guarantor irrevocably and unconditionally agrees to pay in full to the Holders the Guarantee Payments (without duplication of amounts theretofore paid by the IssuerTrust), if, as and when due, regardless of any defense, right of set-off setoff or counterclaim that the Issuer Trust may have or assert. The Guarantor's obligation to make a Guarantee Payment may be satisfied by direct payment of the required amounts by the Guarantor to the Holders or by causing the Issuer Trust to pay such amounts to the Holders.

Appears in 3 contracts

Samples: Trust Preferred Securities Guarantee Agreement (Hawaiian Electric Industries Inc), Trust Preferred Securities Guarantee Agreement (Hei Preferred Funding L P), Trust Preferred Securities Guarantee Agreement (Hawaiian Electric Industries Inc)

Guarantee. The Guarantor irrevocably and unconditionally agrees to pay in full to the Holders the Guarantee Payments (without duplication of amounts theretofore paid by or on behalf of the Issuer), as and when due, regardless of any defense, right of set-off or counterclaim that the Issuer may have or assert, other then the defense of payment. The Guarantor's obligation to make a Guarantee Payment may be satisfied by direct payment of the required amounts by the Guarantor to the Holders or by causing the Issuer Issuer, through the Note Issuer, to pay such amounts to the Holders.

Appears in 3 contracts

Samples: Preferred Securities Guarantee Agreement (Trenwick America Capital Trust Iii), Preferred Securities Guarantee Agreement (Trenwick America Capital Trust Iii), Preferred Securities Guarantee Agreement (Trenwick America Capital Trust Iii)

Guarantee. The Guarantor irrevocably and unconditionally agrees to pay in full to the Holders the Guarantee Payments (without duplication of amounts theretofore paid by or on behalf of the Issuer), as and when due, regardless of any defense, right of set-off or counterclaim that which the Issuer may have or assertassert other than the defense of payment (the "Guarantee"). The Guarantor's obligation to make a Guarantee Payment may be satisfied by direct payment of the required amounts by the Guarantor to the Holders or by causing the Issuer to pay such amounts to the Holders.

Appears in 3 contracts

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

Guarantee. The Guarantor irrevocably and unconditionally agrees to pay in full to the Holders the Guarantee Payments (without duplication of amounts theretofore paid by the Issuer), as and when due, regardless of any defense, right of set-off or counterclaim counter- claim that the Issuer may have or assert. The Guarantor's obligation to make a Guarantee Payment may be satisfied by direct payment of the required amounts by the Guarantor to the Holders or by causing the Issuer to pay such amounts to the Holders.

Appears in 3 contracts

Samples: Capital Securities Guarantee Agreement (Bankboston Capital Trust Iii), Guarantee Agreement (Patriot Capital Trust I), Preferred Securities Guarantee Agreement (Noram Energy Corp)

Guarantee. The Guarantor irrevocably and unconditionally agrees to pay in full to the Holders of the Company Preferred Securities the Guarantee Payments (without duplication of amounts theretofore paid by or on behalf of the IssuerLLC), as and when due, regardless of any defense, right of set-off setoff or counterclaim that which the Issuer LLC may have or assert. The Guarantor's obligation to make a Guarantee Payment may be satisfied by direct payment of the required amounts by the Guarantor to the Holders of the Company Preferred Securities or by causing the Issuer LLC to pay such amounts to the Holders.

Appears in 3 contracts

Samples: Guarantee Agreement (Teco Capital Trust Iii), Administration Agreement (Teco Capital Trust Iii), Guarantee Agreement (Teco Energy Inc)

Guarantee. The Guarantor irrevocably and unconditionally --------- agrees to pay in full to the Holders the Guarantee Payments (without duplication of amounts theretofore paid by the IssuerTrust), as and when due, regardless of any defense, right of set-off or counterclaim that the Issuer Trust may have or assert. The Guarantor's obligation to make a Guarantee Payment may be satisfied by direct payment of the required amounts by the Guarantor to the Holders or by causing the Issuer Trust to pay such amounts to the Holders.

Appears in 3 contracts

Samples: Securities Guarantee Agreement (Abc Bancorp Capital Trust I), Securities Guarantee Agreement (Abc Bancorp Capital Trust I), Preferred Securities Guarantee Agreement (Ctbi Preferred Capital Trust Ii)

Guarantee. The Guarantor irrevocably and unconditionally agrees to pay in full on a senior unsecured basis to the Holders the Guarantee Payments (without duplication of amounts theretofore paid by the Issuer), as and when due, regardless of any defense, right of set-off or counterclaim that the Issuer may have or assert. The Guarantor's obligation to make a Guarantee Payment may be satisfied by direct payment of the required amounts by the Guarantor to the Holders or by causing the Issuer to pay such amounts to the Holders.

Appears in 3 contracts

Samples: Guarantee Agreement (Prudential Financial Inc), Securities Guarantee Agreement (Metlife Inc), Guarantee Agreement (Prudential Financial Inc)

Guarantee. (a) The Guarantor irrevocably and unconditionally agrees to pay in full to the Holders the Guarantee Payments (without duplication of amounts theretofore paid by the Issuer), as and when due, regardless of any defensedefense (except defense of payment by the Issuer), right of set-off or counterclaim that the Issuer may have or assert. The Guarantor's obligation to make a Guarantee Payment may be satisfied by direct payment of the required amounts by the Guarantor to the Holders or by causing the Issuer to pay such amounts to the Holders.. 9

Appears in 3 contracts

Samples: Guarantee Agreement (Southern Michigan Bancorp Inc), Guarantee Agreement (Southern Michigan Bancorp Inc), Guarantee Agreement (PFF Bancorp Inc)

Guarantee. The Guarantor irrevocably and unconditionally agrees to pay in full to the Holders the Guarantee Payments (without duplication of amounts theretofore paid by the Issuer), as and when due, regardless of any defense, right of set-off or counterclaim that the Issuer may have or assertassert other than the defense of payment. The Guarantor's obligation to make a Guarantee Payment may be satisfied by direct payment of the required amounts by the Guarantor to the Holders or by causing the Issuer to pay such amounts to the Holders.

Appears in 3 contracts

Samples: Capital Securities Guarantee Agreement (First Midwest Bancorp Inc), Preferred Securities Guarantee Agreement (FBL Financial Group Inc), Guarantee Agreement (Equitable of Iowa Companies)

Guarantee. The Guarantor hereby irrevocably and unconditionally agrees to pay in full to the Holders the Guarantee Payments (without duplication of amounts theretofore paid by the Issuer), as and when due, regardless of any defense, right of set-off or counterclaim that the Issuer may have or assert. The Guarantor's obligation to make a Guarantee Payment may be satisfied by direct payment of the required amounts by the Guarantor to the Holders or by causing the Issuer to pay such amounts to the Holders.

Appears in 3 contracts

Samples: Capital Securities Guarantee Agreement (Life Financial Capital Trust), Guarantee Agreement (Imperial Capital Trust I), Capital Securities Guarantee Agreement (New York Bancorp Capital Trust)

Guarantee. The Guarantor irrevocably and unconditionally agrees to pay in full to the Holders the Guarantee Payments (without duplication of amounts theretofore paid by or on behalf of the IssuerTrust), as and when due, regardless of any defense, right of set-off or counterclaim that which the Issuer Trust may have or assertassert other than the defense of payment (the "Guarantee"). The Guarantor's obligation to make a Guarantee Payment may be satisfied by direct payment of the required amounts by the Guarantor to the Holders or by causing the Issuer Trust to pay such amounts to the Holders.

Appears in 3 contracts

Samples: Guarantee Agreement (First Bank System Inc), Guarantee Agreement (First Bank System Inc), Guarantee Agreement (First Bank System Inc)

Guarantee. The Guarantor irrevocably and unconditionally agrees to pay in full to the Capital Securities Guarantee Trustee for the benefit of the Holders the Guarantee Payments (without duplication of amounts theretofore paid by the Issuer), as and when due, regardless of any defense, right of set-off or counterclaim that the Issuer may have or assert. The Guarantor's obligation to make a Guarantee Payment may be satisfied by direct payment of the required amounts by the Guarantor to the Holders or by causing the Issuer to pay such amounts to the Holders.

Appears in 3 contracts

Samples: Guarantee Agreement (Webster Capital Trust Ii), Guarantee Agreement (Webster Capital Trust Ii), Securities Guarantee Agreement (Eagle Financial Corp)

Guarantee. The Guarantor irrevocably and unconditionally agrees to pay in full to the Holders the Guarantee Payments (without duplication of amounts theretofore paid by or on behalf of the Issuer), as and when due, regardless of any defense, right of set-off or counterclaim that the Issuer may have or assert. The Guarantor's obligation to make a Guarantee Payment may be satisfied by direct payment of the required amounts by the Guarantor to the Holders or by causing the Issuer to pay such amounts to the Holders.which the

Appears in 3 contracts

Samples: Agreement (Cna Financial Capital Iii), Agreement (Cna Financial Capital Iii), Agreement (Cna Financial Capital Iii)

Guarantee. The Guarantor irrevocably and unconditionally agrees to pay in full to the Holders the Guarantee Payments (without duplication of amounts theretofore paid by or on behalf of the IssuerIssuer Trust), as and when due, regardless of any defense, right of set-off setoff or counterclaim that the Issuer Trust may have or assert, except the defense of payment. The Guarantor's obligation to make a Guarantee Payment may be satisfied by direct payment of the required amounts by the Guarantor to the Holders or by causing the Issuer Trust to pay such amounts to the Holders.

Appears in 3 contracts

Samples: Guarantee Agreement (Scana Corp), Guarantee Agreement (Scana Corp), Guarantee Agreement (South Carolina Electric & Gas Co)

Guarantee. The Guarantor irrevocably and unconditionally agrees to pay in full to the Holders the Guarantee Payments (without duplication of amounts theretofore paid by or on behalf of the IssuerTrust), as and when due, regardless of any defense, right of set-off or counterclaim that which the Issuer Trust may have or assert. The Guarantor's obligation to make a Guarantee Payment may be satisfied by direct payment of the required amounts by the Guarantor to the Holders or by causing the Issuer Trust to pay such amounts to the Holders.

Appears in 3 contracts

Samples: Guarantee Agreement (Caremark Rx Inc), Guarantee Agreement (First American Financial Corp), Guarantee Agreement (First American Financial Corp)

Guarantee. The Guarantor irrevocably and unconditionally agrees to pay in full to the Holders the Guarantee Payments (without duplication of amounts theretofore paid by the Issuer), as and when due, regardless of any defense, right of set-off or counterclaim that the Issuer may have or assert, other than the defense of payment. The Guarantor's obligation to make a Guarantee Payment may be satisfied by direct payment of the required amounts by the Guarantor to the Holders or by causing the Issuer to pay such amounts to the Holders.

Appears in 3 contracts

Samples: Preferred Securities Guarantee Agreement (Roslyn Bancorp Inc), Preferred Securities Guarantee Agreement (Countrywide Home Loans Inc), Preferred Securities Guarantee Agreement (Municipal Mortgage & Equity LLC)

Guarantee. (a) The Guarantor irrevocably and unconditionally agrees to pay in full to the Holders the Guarantee Payments (without duplication of amounts theretofore paid by or on behalf of the Issuer), as and when due, regardless of any defensedefense (except for the defense of payment by the Issuer), right of set-off or counterclaim that which the Issuer may have or assert. The Guarantor's ’s obligation to make a Guarantee Payment may be satisfied by direct payment of the required amounts by the Guarantor to the Holders or by causing the Issuer to pay such amounts to the Holders.the

Appears in 3 contracts

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

Guarantee. The Guarantor irrevocably and unconditionally agrees to pay in full to the Holders the Guarantee Payments (without duplication of amounts theretofore paid by or on behalf of the Issuer), as and when due, regardless of any defensedefense (other than the defense of payment), right of set-off or counterclaim that which the Issuer may have or assert. The Guarantor's obligation to make a Guarantee Payment may be satisfied by direct payment of the required amounts by the Guarantor to the Holders or by causing the Issuer to pay such amounts to the Holders.

Appears in 3 contracts

Samples: Quips Guarantee Agreement (Amerus Life Holdings Inc), Amerus Life Holdings Inc, Amerus Life Holdings Inc

Guarantee. The Guarantor irrevocably and unconditionally agrees to pay in full to the Holders the Guarantee Payments (without duplication of amounts theretofore paid by or on behalf of the Issuer), as and when due, regardless of any defense, defense (other than the defense of payment) right of set-off or counterclaim that which the Issuer may have or assert. The Guarantor's obligation to make a Guarantee Payment may be satisfied by direct payment of the required amounts by the Guarantor to the Holders or by causing the Issuer to pay such amounts to the Holders.

Appears in 3 contracts

Samples: Quips Guarantee Agreement (Amerus Life Holdings Inc), Trust Preferred Securities Guarantee Agreement (CMS Energy Corp), Securities Guarantee Agreement (Ocwen Financial Corp)

Guarantee. The Guarantor irrevocably and unconditionally agrees to pay in full to the Holders Guarantee Payments to the same extent as the guarantee provided to the holders of Preferred Securities under the Guarantee Payments Agreement; provided, however, that upon the occurrence and during the continuation of a Declaration Event of Default (without duplication of amounts theretofore paid by as defined in the IssuerDeclaration), as and when due, regardless holders of any defense, right of set-off or counterclaim that Preferred Securities shall have priority over the Issuer may have or assert. The Guarantor's obligation to make a Guarantee Payment may be satisfied by direct payment of the required amounts by the Guarantor Holders with respect to the Holders or by causing the Issuer to pay such amounts to the HoldersGuarantee Payments.

Appears in 3 contracts

Samples: Guarantee Agreement (Fresenius Medical Care Corp), Guarantee Agreement (Fresenius Medical Care Corp), Agreement (Superior National Insurance Group Inc)

Guarantee. The Guarantor irrevocably and unconditionally agrees agrees, to the extent set forth herein, to pay in full to the Holders the Guarantee Payments (without duplication of amounts theretofore paid by the Issuer), as and when due, regardless of any defense, right of set-off or counterclaim that which the Issuer may have or assert. The Guarantor's obligation to make a Guarantee Payment may be satisfied by direct payment of the required amounts by the Guarantor to the Holders or by causing the Issuer to pay such amounts to the Holders.

Appears in 3 contracts

Samples: Common Securities Guarantee Agreement (Fleetwood Enterprises Inc/De/), Common Securities Guarantee Agreement (Fleetwood Capital Trust Iii), Fleetwood Capital Trust Iii

Guarantee. The Guarantor irrevocably and unconditionally agrees to pay in full to the Holders the Guarantee Payments (without duplication of amounts theretofore paid by or on behalf of the IssuerIssuer Trust), as and when due, regardless of any defense, right of set-off or counterclaim that the Issuer Trust may have or assert. The Guarantor's ’s obligation to make a Guarantee Payment may be satisfied by direct payment of the required amounts by the Guarantor to the Holders or by causing the Issuer Trust to pay such amounts to the Holders.

Appears in 3 contracts

Samples: Guarantee Agreement (National City Corp), Guarantee Agreement (National City Corp), Guarantee Agreement (National City Corp)

Guarantee. The Guarantor irrevocably and unconditionally agrees to pay in full to the Holders the Guarantee Payments (without duplication of amounts theretofore paid by or on behalf of the IssuerIssuer pursuant to the Declaration or by the Guarantor pursuant to the Indenture), as and when due, regardless of any defense, right of set-off or counterclaim that the Issuer may have or assert. The Guarantor's ’s obligation to make a Guarantee Payment may be satisfied by direct payment of the required amounts by the Guarantor to the Holders or by causing the Issuer to pay such amounts to the Holders.

Appears in 3 contracts

Samples: Preferred Securities Guarantee Agreement, Preferred Securities Guarantee Agreement (St. Paul Travelers Capital Trust IV), Preferred Securities Guarantee Agreement (Travelers Capital Trust V)

Guarantee. The Guarantor irrevocably and unconditionally --------- agrees to pay in full to the Holders the Guarantee Payments (without duplication of amounts theretofore paid by or on behalf of the IssuerTrust), as and when due, regardless of any defense, right of set-off or counterclaim that which the Issuer Guarantor may have or assertassert against any person. The Guarantor's obligation to make a Guarantee Payment may be satisfied by direct payment of the required amounts by the Guarantor to the Holders or by causing the Issuer Trust to pay such amounts to the Holders.

Appears in 2 contracts

Samples: Guarantee Agreement (Duke Energy Capital Trust Ii), Guarantee Agreement (Duke Capital Financing Trust Iii)

Guarantee. The Guarantor irrevocably and unconditionally agrees to pay in full to the Holders the Guarantee Payments (without duplication of amounts theretofore paid by the Issuer), as and when due, regardless of any defense, right of set-set- off or counterclaim that which the Issuer may have or assert. The Guarantor's obligation to make a Guarantee Payment may be satisfied by direct payment of the required amounts by the Guarantor to the Holders or to the Guarantee Trustee for remittance to the Holders or by causing the Issuer to pay such amounts to the Holders.

Appears in 2 contracts

Samples: Guarantee Agreement (Raytheon Co/), Guarantee Agreement (Abacoa Homes Inc)

Guarantee. The Guarantor irrevocably and unconditionally agrees to pay in full to the Holders the Guarantee Payments (without duplication of amounts theretofore theretofor paid by or on behalf of the IssuerTrust), as and when due, regardless of any defense, right of set-off or counterclaim that the Issuer may have or assert. The Guarantor's ’s obligation to make a Guarantee Payment may be satisfied by direct payment of the required amounts by the Guarantor to the Holders or by causing the Issuer to pay such amounts to the Holders.

Appears in 2 contracts

Samples: Securities Purchase and Exchange Agreement, Trust Preferred Securities Guarantee Agreement (Gmac Inc.)

Guarantee. The Guarantor irrevocably and unconditionally agrees to pay in full to the Holders the Guarantee Payments (without duplication of amounts theretofore paid by or on behalf of the IssuerIssuer pursuant to the Declaration or by the Guarantor pursuant to the Indenture), as and when due, regardless of any defense, right of set-off or counterclaim that which the Issuer may have or assert. The Guarantor's obligation to make a Guarantee Payment may be satisfied by direct payment of the required amounts by the Guarantor to the Holders Holders, at the Guarantor's option or by causing the Issuer to pay such amounts to the Holders.

Appears in 2 contracts

Samples: Guarantee Agreement (Baltimore Gas & Electric Co), Guarantee Agreement (Baltimore Gas & Electric Co)

Guarantee. (a) The Guarantor irrevocably and unconditionally agrees to pay in full to the Holders the Guarantee Payments Payments, as and when due (without duplication of amounts theretofore paid by the IssuerPartnership), as and when due, regardless of any defense, right of set-off setoff or counterclaim that which the Issuer Partnership may have or assert. The Guarantor's obligation to make a Guarantee Payment may be satisfied by direct payment of the required amounts by the Guarantor to the Holders or by causing the Issuer Partnership to pay such amounts to the Holders.

Appears in 2 contracts

Samples: Partnership Guarantee Agreement (Hawaiian Electric Industries Inc), Partnership Guarantee Agreement (Hei Preferred Funding L P)

Guarantee. The Guarantor irrevocably and unconditionally agrees agrees, subject to the limitations set forth in this Guarantee, to pay in full to the Holders Initial Holder and each subsequent Holder from time to time, whether such rights under this Guarantee are asserted by the Guarantee Payments Trustee or directly by any such Holder (without duplication of amounts theretofore paid by the Issuer), if, as and when due, regardless of any defense, right of set-off setoff or counterclaim that the Issuer may have or assert. The Guarantor's obligation to make a Guarantee Payment may be satisfied by direct payment of the required amounts by the Guarantor to the Holders or by causing the Issuer to pay such amounts to the Holders.:

Appears in 2 contracts

Samples: Company Preferred Securities Guarantee Agreement (Abn Amro Bank Nv), Abn Amro Bank Nv

Guarantee. (a) The Guarantor irrevocably and unconditionally agrees to pay in full to the Holders the Guarantee Payments (without duplication of amounts theretofore paid by the Issuer), as and when due, regardless of any defensedefense (except the defense of payment by the Issuer), right of set-set off or counterclaim that the Issuer may have or assert. The Guarantor's ’s obligation to make a Guarantee Payment may be satisfied by direct payment of the required amounts by the Guarantor to the Holders or by causing the Issuer to pay such amounts to the Holders.

Appears in 2 contracts

Samples: Guarantee Agreement (North State Bancorp), Guarantee Agreement (Flagstar Bancorp Inc)

Guarantee. The Guarantor irrevocably and unconditionally agrees to pay in full to the Holders the Guarantee Payments (without duplication of amounts theretofore paid by or on behalf of the IssuerIssuer Trust), as and when due, regardless of any defense, right of set-off or counterclaim that which the Issuer Trust may have or assert. The Guarantor's obligation to make a Guarantee Payment may be satisfied by direct payment of , except the required amounts by the Guarantor to the Holders or by causing the Issuer to pay such amounts to the Holders.defense of

Appears in 2 contracts

Samples: Guarantee Agreement (SBCF Capital Trust IV), Guarantee Agreement (Centerstate Banks of Florida Inc)

Guarantee. The Guarantor irrevocably and unconditionally agrees to pay in full to the Holders the Guarantee Payments (without duplication of amounts theretofore paid by the Issuer), as and when due, regardless of any defense, right of set-off setoff or counterclaim that the Issuer may have or assert. The Guarantor's obligation to make a Guarantee Payment may be satisfied by direct payment of the required amounts by the Guarantor to the Holders or by causing the Issuer to pay such amounts to the Holders.

Appears in 2 contracts

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

Guarantee. The Guarantor irrevocably and unconditionally agrees to pay in full to the Holders the Guarantee Payments (without duplication of amounts theretofore paid by or on behalf of the IssuerIssuer Trust), as and when due, regardless of any defense, right of set-off or counterclaim that which the Issuer Trust may have or assert. The Guarantor's obligation to make a Guarantee Payment may be satisfied by direct payment of the required amounts by the Guarantor to the Holders or by causing the Issuer Trust to pay such amounts to the Holders.

Appears in 2 contracts

Samples: Agreement (Keycorp Institutional Capital B), Agreement (Keycorp Institutional Capital A)

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