Additional Sums. So long as no Event of Default has occurred and is continuing and except as otherwise specified as contemplated by Section 2.1 or Section 3.1, if: (a) the Issuer Trust is the Holder of all of the Outstanding Securities, and (b) a Tax Event described in clause (a) or (c) of the definition of "Tax Event" in Section 1.1 hereof has occurred and is continuing in respect of the Issuer Trust, the Company shall pay the Issuer Trust (and its permitted successors or assigns under the Trust Agreement) for so long as the Issuer Trust (or its permitted successor or assignee) is the registered holder of the Outstanding Securities, such additional sums as may be necessary in order that the amount of Distributions (including any Additional Amount (as defined in the Trust Agreement)) then due and payable by the Issuer Trust on the Preferred Securities and Common Securities that at any time remain outstanding in accordance with the terms thereof shall not be reduced as a result of such Additional Taxes (the "Additional Sums"). Whenever in this Indenture or the Securities there is a reference in any context to the payment of principal of or interest on the Securities, such mention shall be deemed to include mention of the payments of the Additional Sums provided for in this paragraph to the extent that, in such context, Additional Sums are, were or would be payable in respect thereof pursuant to the provisions of this paragraph and express mention of the payment of Additional Sums (if applicable) in any provisions hereof shall not be construed as excluding Additional Sums in those provisions hereof where such express mention is not made; provided, however, that the deferral of the payment of interest pursuant to Section 3.12 or the Securities shall not defer the payment of any Additional Sums that may be due and payable.
Appears in 9 contracts
Sources: Junior Subordinated Indenture (Gbci Capital Trust Ii), Junior Subordinated Indenture (Mason Dixon Capital Trust Ii), Junior Subordinated Indenture (Allegiant Capital Trust Ii)
Additional Sums. So long as no Event of Default has occurred If and is continuing and except as otherwise specified as contemplated by Section 2.1 or Section 3.1, if: (a) the Issuer Trust is the Holder of all of the Outstanding Securities, and (b) a Tax Event described in clause (a) or (c) of the definition of "Tax Event" in Section 1.1 hereof has occurred and is continuing in respect of the Issuer Trust, the Company shall pay the Issuer Trust (and its permitted successors or assigns under the Trust Agreement) for so long as the Issuer Trust (or its permitted successor or assignee) a trustee of the Trust is the registered holder of the Outstanding Securities, such additional sums as may be necessary in order that the amount of Distributions (including any Additional Amount (as defined in all Debentures and the Trust Agreementis required to pay any additional taxes (excluding withholding taxes)) then due and payable by the Issuer Trust on the Preferred Securities and Common Securities that at any time remain outstanding in accordance with the terms thereof shall not be reduced , duties, assessments or other governmental charges as a result of a Tax Event, then the Company will pay such Additional Taxes additional amounts (the "Additional Sums") on the Debentures as shall be required so that the net amounts received and retained by the Trust after paying such taxes (excluding withholding taxes), duties, assessments or other governmental charges will be equal to the amounts the Trust would have received if no such taxes (excluding withholding taxes), duties, assessments or other governmental charges had been imposed. Whenever in this Indenture or the Securities Debentures there is a reference in any context to the payment of principal of or interest on the SecuritiesDebentures, such mention shall be deemed to include mention of the payments of the Additional Sums provided for in this paragraph to the extent that, in such context, Additional Sums are, were or would be payable in respect thereof pursuant to the provisions of this paragraph and express mention of the payment of Additional Sums (if applicable) in any provisions hereof shall not be construed as excluding Additional Sums in those provisions hereof where such express mention is not made; provided, however, that the deferral of the payment of interest during an Extension Period pursuant to Section 3.12 or the Securities 2.11 shall not defer the payment of any Additional Sums that may be due and payable.
Appears in 6 contracts
Sources: Indenture (James River Group, INC), Indenture (CastlePoint Holdings, Ltd.), Indenture (Safe Auto Group, Inc.)
Additional Sums. So long as no Event of Default has occurred and is continuing and except as otherwise specified as contemplated by Section 2.1 or Section 3.1, if: if (ai) the Issuer Trust is the Holder of all of the Outstanding Securities, and (bii) a Tax Event described in clause (ai) or (ciii) of the definition of "Tax Event" in Section 1.1 hereof has occurred and is continuing in respect of the Issuer Trust, the Company shall pay the Issuer Trust (and its permitted successors or assigns under the Trust Agreement) for so long as the Issuer Trust (or its permitted successor or assignee) is the registered holder of the Outstanding Securities, such additional sums as may be necessary in order that the amount of Distributions (including any Additional Amount Amounts (as defined in the Trust Agreement)) then due and payable by the Issuer Trust on the Preferred Securities and Common Securities that at any time remain outstanding in accordance with the terms thereof shall not be reduced as a result of such Additional Taxes (the "Additional Sums"). Whenever in this Indenture or the Securities there is a reference in any context to the payment of principal of or interest on the Securities, such mention shall be deemed to include mention of the payments of the Additional Sums provided for in this paragraph to the extent that, in such context, Additional Sums are, were or would be payable in respect thereof pursuant to the provisions of this paragraph and express mention of the payment of Additional Sums (if applicable) in any provisions hereof shall not be construed as excluding Additional Sums in those provisions hereof where such express mention is not made; provided, however, that the deferral of the payment of interest pursuant to Section 3.12 or the Securities shall not defer the payment of any Additional Sums that may be due and payable.
Appears in 6 contracts
Sources: Junior Subordinated Indenture (GCB Capital Trust), Junior Subordinated Indenture (Fb Capital Trust), Junior Subordinated Indenture (Pfbi Capital Trust)
Additional Sums. So In the case of the Securities of a series initially issued to an Issuer Trust, so long as no Event of Default has occurred and is continuing and except as otherwise specified as contemplated by Section 2.1 or Section 3.1, if: if (ai) the an Issuer Trust is the Holder of all of the Outstanding SecuritiesSecurities of such series, and (bii) a Tax Event described in clause (ai) or (ciii) of the definition of "Tax Event" in Section 1.1 hereof has occurred and is continuing in respect of the such Issuer Trust, the Company shall pay the to such Issuer Trust (and its permitted successors or assigns under the related Trust Agreement) for so long as the such Issuer Trust (or its permitted successor or assignee) is the registered holder of the Outstanding SecuritiesSecurities of such series, such additional sums as may be necessary in order that the amount of Distributions (including any Additional Amount Amounts (as defined in the such Trust Agreement)) then due and payable by the such Issuer Trust on the related Preferred Securities and Common Securities that at any time remain outstanding in accordance with the terms thereof shall not be reduced as a result of such Additional Taxes (the "Additional Sums"). Whenever in this Indenture or the Securities there is a reference in any context to the payment of principal of or interest on the Securities, such mention shall be deemed to include mention of the payments of the Additional Sums provided for in this paragraph to the extent that, in such context, Additional Sums are, were or would be payable in respect thereof pursuant to the provisions of this paragraph and express mention of the payment of Additional Sums (if applicable) in any provisions hereof shall not be construed as excluding Additional Sums in those provisions hereof where such express mention is not made; provided, however, that the deferral of the payment of interest pursuant to Section 3.12 or the Securities shall not defer the payment of any Additional Sums that may be due and payable.
Appears in 5 contracts
Sources: Junior Subordinated Indenture (National Penn Bancshares Inc), Junior Subordinated Indenture (Aici Capital Trust), Junior Subordinated Indenture (Jbi Capital Trust I)
Additional Sums. So In the case of the Securities of a series initially issued to an Issuer Trust, so long as no Event of Default has occurred and is continuing and except as otherwise specified as contemplated by Section 2.1 or Section 3.1, if: if (ai) the an Issuer Trust is the Holder of all of the Outstanding SecuritiesSecurities of such series, and (bii) a Tax Event described in clause (a) or (c) of the definition of "Tax Event" in Section 1.1 hereof has occurred and is continuing in respect of the such Issuer Trust, the Company shall pay the to such Issuer Trust (and its permitted successors or assigns under the related Trust Agreement) for so long as the such Issuer Trust (or its permitted successor or assignee) is the registered holder of the Outstanding SecuritiesSecurities of such series, such additional sums as may be necessary in order that the amount of Distributions (including any Additional Amount Amounts (as defined in the such Trust Agreement)) then due and payable by the such Issuer Trust on the Preferred related Capital Securities and Common Securities that at any time remain outstanding in accordance with the terms thereof shall not be reduced as a result of such Additional Taxes (the "Additional SumsADDITIONAL SUMS"). Whenever in this Indenture or the Securities there is a reference in any context to the payment of principal of or interest on the Securities, such mention shall be deemed to include mention of the payments of the Additional Sums provided for in this paragraph to the extent that, in such context, Additional Sums are, were or would be payable in respect thereof pursuant to the provisions of this paragraph and express mention of the payment of Additional Sums (if applicable) in any provisions hereof shall not be construed as excluding Additional Sums in those provisions hereof where such express mention is not made; provided, however, that the deferral of the payment of interest pursuant to Section 3.12 or on the Securities shall not defer the payment of any Additional Sums that may be due and payable.
Appears in 5 contracts
Sources: Junior Subordinated Indenture (Southern Bancshares Nc Inc), Junior Subordinated Indenture (Fidelity Bancshares Nc Inc /De/), Junior Subordinated Indenture (MBNK Capital Trust I)
Additional Sums. So long as no Event of Default has occurred If and is continuing and except as otherwise specified as contemplated by Section 2.1 or Section 3.1, if: (a) the Issuer Trust is the Holder of all of the Outstanding Securities, and (b) a Tax Event described in clause (a) or (c) of the definition of "Tax Event" in Section 1.1 hereof has occurred and is continuing in respect of the Issuer Trust, the Company shall pay the Issuer Trust (and its permitted successors or assigns under the Trust Agreement) for so long as the Issuer Trust (or its permitted successor or assignee) is the registered holder of the Outstanding Securities, such additional sums as may be necessary in order that the amount of Distributions (including any Additional Amount (as defined in all Debentures and the Trust Agreementis required to pay any additional taxes (excluding withholding taxes)) then due and payable by the Issuer Trust on the Preferred Securities and Common Securities that at any time remain outstanding in accordance with the terms thereof shall not be reduced , duties, assessments or other governmental charges as a result of any amendment to or change in law or regulations thereunder, an Administrative Action (as referred to in the definition of Tax Event in Section 1.1) or a judicial decision, in each case enacted, promulgated or announced on or after the date of original issuance of the Debentures, then the Company will pay such Additional Taxes additional amounts (the "Additional Sums") on the Debentures as shall be required so that the net amounts received and retained by the Trust after paying such taxes (excluding withholdings taxes), duties, assessments or other governmental charges will be equal to the amounts the Trust would have received if no such taxes (excluding withholding taxes), duties, assessments or other governmental charges had been imposed. Whenever in this Indenture or the Securities Debentures there is a reference in any context to the payment of principal of or interest on the SecuritiesDebentures, such mention shall be deemed to include mention of the payments of the Additional Sums provided for in this paragraph to the extent that, in such context, Additional Sums are, were or would be payable in respect thereof pursuant to the provisions of this paragraph and express mention of the payment of Additional Sums (if applicable) in any provisions hereof shall not be construed as excluding Additional Sums in those provisions hereof where such express mention is not made; provided, however, that the deferral of the payment of interest during an Extension Period pursuant to Section 3.12 or the Securities 2.11 shall not defer the payment of any Additional Sums that may be due and payable.
Appears in 4 contracts
Sources: Indenture (Tower Group, Inc.), Indenture (Pxre Group LTD), Indenture (Penn America Group Inc)
Additional Sums. So long as no Event of Default has occurred and is continuing and except as otherwise specified as contemplated by Section 2.1 or Section 3.1, if: In the event that (a) the Issuer Trust Property Trustee is the Holder of all of the Outstanding SecuritiesDebentures, and (b) a Tax Event described in clause (a) or (c) of the definition of "Tax Event" in Section 1.1 hereof has occurred and is continuing in respect of the Issuer TrustTrust shall have occurred and be continuing and (c) the Company shall not have (i) redeemed the Debentures pursuant to Section 11.7 or 11.8 or (ii) dissolved the Trust pursuant to Section 9.2(b) of the Trust Agreement, the Company shall pay to the Issuer Trust (and its permitted successors or assigns under the Trust Agreement) for so long as the Issuer Trust (or its permitted successor or assignee) is the registered holder Holder of the Outstanding SecuritiesDebentures, such additional sums amounts as may be necessary in order that the amount of Distributions distributions (including any Additional Amount Amounts (as defined in the Trust Agreement)) then due and payable by the Issuer Trust on the Preferred Securities and Common Securities that at any time remain outstanding in accordance accord with the terms thereof shall not be reduced as a result of such any Additional Taxes (the "Additional Sums"). Whenever in this Indenture or the Securities Debentures there is a reference in any context to the payment of principal of (or premium, if any) or interest on the SecuritiesDebentures, such mention shall be deemed to include mention of the payments of the Additional Sums provided for in this paragraph to the extent that, in such context, Additional Sums are, were or would be payable in respect thereof pursuant to the provisions of this paragraph and express mention of the payment of Additional Sums (if applicable) in any provisions hereof shall not be construed as excluding Additional Sums in those provisions hereof where such express mention is not made; provided, however, that the deferral of the payment of interest pursuant to Section 3.12 or the Securities shall not defer the payment of any Additional Sums that may be due and payable.
Appears in 4 contracts
Sources: Merger Agreement (Capital Senior Living Corp), Merger Agreement (Ilm Ii Senior Living Inc /Va), Merger Agreement (Capital Senior Living Corp)
Additional Sums. So In the case of the Securities of a series initially issued to an Issuer Trust, so long as no Event of Default has occurred and is continuing and except as otherwise specified as contemplated by Section 2.1 or Section 3.1, if: if (ai) the an Issuer Trust is the Holder of all of the Outstanding SecuritiesSecurities of such series, and (bii) a Tax Event described in clause (a) or (c) of the definition of "Tax Event" in Section 1.1 hereof has occurred and is continuing in respect of the such Issuer Trust, the Company shall pay the to such Issuer Trust (and its permitted successors or assigns under the related Trust Agreement) for so long as the such Issuer Trust (or its permitted successor successors or assigneeassigns) is the registered holder of the Outstanding SecuritiesSecurities of such series, such additional sums as may be necessary in order that the amount of Distributions (including any Additional Amount Amounts (as defined in the such Trust Agreement)) then due and payable by the such Issuer Trust on the Preferred its Capital Securities and Common Securities that at any time remain outstanding in accordance with the terms thereof shall not be reduced as a result of such Additional Taxes (the "Additional Sums"). Whenever in this Indenture or the Securities there is a reference in any context to the payment of principal of or interest on the Securities, such mention shall be deemed to include mention of the payments of the Additional Sums provided for in this paragraph to the extent that, in such context, Additional Sums are, were or would be payable in respect thereof pursuant to the provisions of this paragraph and express mention of the payment of Additional Sums (if applicable) in any provisions hereof shall not be construed as excluding Additional Sums in those provisions hereof where such express mention is not made; provided, however, that the deferral of the payment of interest pursuant to Section 3.12 or on the Securities shall not defer the payment of any Additional Sums that may be due and payable.
Appears in 4 contracts
Sources: Junior Subordinated Indenture (Florida Community Banks Inc), Junior Subordinated Indenture (Assuranceamerica Corp), Junior Subordinated Indenture (Southern Community Bancshares Inc /Ga)
Additional Sums. So long as no Event of Default has occurred and is continuing and except as otherwise specified as contemplated by Section 2.1 or Section 3.1continuing, if: in the event that (ai) the Issuer Trust is the Holder of all of the Outstanding Securities, and (bii) a Tax Event described in clause shall have occurred and be continuing and (aiii) the Company shall not have (A) redeemed the Securities pursuant to Section 11.7(b) or (cB) terminated the Trust pursuant to Section 9.2(b) of the definition of "Tax Event" in Section 1.1 hereof has occurred and is continuing in respect of the Issuer TrustTrust Agreement, the Company shall pay to the Issuer Trust (and its permitted successors or assigns under the Trust Agreement) for so long as the Issuer Trust (or its permitted successor or assignee) is the registered holder of the Outstanding any Securities, such additional sums amounts as may be necessary in order that the amount of Distributions (including any Additional Amount Amounts (as defined in the Trust Agreement)) then due and payable by the Issuer Trust on the Trust Preferred Securities and Common Securities that at any time remain outstanding in accordance with the terms thereof shall not be reduced as a result of such any Additional Taxes (the "Additional Sums"). Whenever in this Indenture or the Securities there is a reference in any context to the payment of principal of or interest on the Securities, such mention shall be deemed to include mention of the payments of the Additional Sums provided for in this paragraph to the extent that, in such context, Additional Sums are, were or would be payable in respect thereof pursuant to the provisions of this paragraph and express mention of the payment of Additional Sums (if applicable) in any provisions hereof shall not be construed as excluding Additional Sums in those provisions hereof where such express mention is not made; provided, however, that the deferral of the payment of interest pursuant to Section 3.12 3.10 or the Securities shall not defer the payment of any Additional Sums that may be due and payable.
Appears in 3 contracts
Sources: Junior Subordinated Indenture (First Interstate Bancsystem of Montana Inc), Junior Subordinated Indenture (Fib Capital Trust), Junior Subordinated Indenture (Fib Capital Trust)
Additional Sums. So In the case of the Securities of a series initially issued to an Issuer Trust, so long as no Event of Default has occurred and is continuing and except as otherwise specified as contemplated by Section 2.1 or Section 3.1, if: if (ai) the an Issuer Trust is the Holder of all of the Outstanding SecuritiesSecurities of such series, and (bii) a Tax Event described in clause (a) or (c) of the definition of "Tax Event" in Section 1.1 hereof has occurred and is continuing in respect of the such Issuer Trust, the Company Corporation shall pay the to such Issuer Trust (and its permitted successors or assigns under the related Trust Agreement) for so long as the such Issuer Trust (or its permitted successor or assignee) is the registered holder of the Outstanding SecuritiesSecurities of such series, such additional sums as may be necessary in order that the amount of Distributions (including any Additional Amount Amounts (as defined in the such Trust Agreement)) then due and payable by the such Issuer Trust on the related Preferred Securities and Common Securities that at any time remain outstanding in accordance with the terms thereof shall not be reduced as a result of such any Additional Taxes arising from such Tax Event (the "Additional Sums"). Whenever in this Indenture or the Securities there is a reference in any context to the payment of principal of or interest on the Securities, such mention shall be deemed to include mention of the payments of the Additional Sums provided for in this paragraph to the extent that, in such context, Additional Sums are, were or would be payable in respect thereof pursuant to the provisions of this paragraph and express mention of the payment of Additional Sums (if applicable) in any provisions hereof shall not be construed as excluding Additional Sums in those provisions hereof where such express mention is not made; provided, however, that the deferral of the payment of interest pursuant to Section 3.12 or the Securities shall not defer the payment of any Additional Sums that may be due and payable.
Appears in 3 contracts
Sources: Junior Subordinated Indenture (Dime Capital Trust Ii), Junior Subordinated Indenture (Northern Trust Corp), Junior Subordinated Indenture (NTC Capital Iii)
Additional Sums. So In the case of the Securities of a series initially issued to an Issuer Trust, so long as no Event of Default has occurred and is continuing and except as otherwise specified as contemplated by Section 2.1 or Section 3.1, if: if (ai) the an Issuer Trust is the Holder of all of the Outstanding SecuritiesSecurities of such series, and (bii) a Tax Event described in clause (a) or (c) of the definition of "Tax Event" in Section 1.1 hereof has occurred and is continuing in respect of the such Issuer Trust, the Company shall pay the to such Issuer Trust (and its permitted successors or assigns under the related Trust Agreement) for so long as the such Issuer Trust (or its permitted successor or assignee) is the registered holder of the Outstanding SecuritiesSecurities of such series, such additional sums as may be maybe necessary in order that the amount of Distributions (including any Additional Amount Amounts (as defined in the such Trust Agreement)) then due and payable by the such Issuer Trust on the Preferred related Capital Securities and Common Securities that at any time anytime remain outstanding in accordance with the terms thereof shall not be reduced as a result of such Additional Taxes (the "Additional Sums"). Whenever in this Indenture or the Securities there is a reference in any context to the payment of principal of or interest on the Securities, such mention shall be deemed to include mention of the payments of the Additional Sums provided for in this paragraph to the extent that, in such context, Additional Sums are, were or would be payable in respect thereof pursuant to the provisions of this paragraph and express mention of the payment of Additional Sums (if applicable) in any provisions hereof shall not be construed as excluding Additional Sums in those provisions hereof where such express mention is not made; provided, however, that the deferral of the payment of interest pursuant to Section 3.12 or on the Securities shall not defer the payment of any Additional Sums that may be due and payable.
Appears in 3 contracts
Sources: Junior Subordinated Indenture (Equitable Resources Capital Trust I), Junior Subordinated Indenture (Equitable Resources Inc /Pa/), Junior Subordinated Indenture (Equitable Resources Capital Trust I)
Additional Sums. So In the case of the Securities of a series issued to a Trust, so long as no Event of Default has occurred and is continuing and except as otherwise specified as contemplated by Section 2.1 or Section 3.1, if: in the event that (ai) the Issuer a Trust is the Holder of all of the Outstanding SecuritiesSecurities of such series, and (bii) a Tax Event described in clause respect of such Trust shall have occurred and be continuing and (aiii) the Company shall not have (A) redeemed the Securities of such series pursuant to Section 11.7(b) or (cB) terminated such Trust pursuant to Section 9.2(b) of the definition of "Tax Event" in Section 1.1 hereof has occurred and is continuing in respect of the Issuer Trustrelated Trust Agreement, the Company shall pay the Issuer to such Trust (and its permitted successors or assigns under the related Trust Agreement) for so long as the Issuer such Trust (or its permitted successor or assignee) is the registered holder of the Outstanding Securitiesany Securities of such series, such additional sums amounts as may be necessary in order that the amount of Distributions (including any Additional Amount Amounts (as defined in the such Trust Agreement)) then due and payable by the Issuer such Trust on the related Preferred Securities and Common Securities that at any time remain outstanding in accordance with the terms thereof shall not be reduced as a result of such any Additional Taxes (the "Additional Sums"). Whenever in this Indenture or the Securities there is a reference in any context to the payment of principal of or interest on the Securities, such mention shall be deemed to include mention of the payments of the Additional Sums provided for in this paragraph to the extent that, in such context, Additional Sums are, were or would be payable in respect thereof pursuant to the provisions of this paragraph and express mention of the payment of Additional Sums (if applicable) in any provisions hereof shall not be construed as excluding Additional Sums in those provisions hereof where such express mention is not made; provided, however, that the deferral of the payment of interest pursuant to Section 3.12 3.11 or the Securities shall not defer the payment of any Additional Sums that may be due and payable.
Appears in 3 contracts
Sources: Junior Subordinated Indenture (Chase Capital Iii), Junior Subordinated Indenture (J P Morgan Chase & Co), Junior Subordinated Indenture (J P Morgan Chase & Co)
Additional Sums. So In the case of the Securities of a series initially issued to an Issuer Trust, so long as no Event of Default has occurred and is continuing and except as otherwise specified as contemplated by Section 2.1 or Section 3.1, if: if (ai) the an Issuer Trust is the Holder of all of the Outstanding SecuritiesSecurities of such series, and (bii) a Tax Event described in clause (ai) or (ciii) of in the definition of "Tax Event" Event in Section 1.1 hereof has occurred and is continuing in respect of the such Issuer Trust, the Company Corporation shall pay the to such Issuer Trust (and its permitted successors or assigns under the related Trust Agreement) for so long as the such Issuer Trust (or its permitted successor or assignee) is the registered holder of the Outstanding SecuritiesSecurities of such series, such additional sums as may be necessary in order that the amount of Distributions (including any Additional Amount Amounts (as defined in the such Trust Agreement)) then due and payable by the such Issuer Trust on the related Preferred Securities and Common Securities that at any time remain outstanding in accordance with the terms thereof shall not be reduced as a result of such any Additional Taxes arising from such Tax Event (the "Additional Sums"). Whenever in this Indenture or the Securities there is a reference in any context to the payment of principal of or interest on the Securities, such mention shall be deemed to include mention of the payments of the Additional Sums provided for in this paragraph to the extent that, in such context, Additional Sums are, were or would be payable in respect thereof pursuant to the provisions of this paragraph and express mention of the payment of Additional Sums (if applicable) in any provisions hereof shall not be construed as excluding Additional Sums in those provisions hereof where such express mention is not made; provided, however, that the deferral of the payment of interest pursuant to Section 3.12 or on the Securities shall not defer the payment of any Additional Sums that may be due and payable.
Appears in 3 contracts
Sources: Junior Subordinated Indenture (Everest Re Capital Trust Iii), Junior Subordinated Indenture (Everest Re Group LTD), Junior Subordinated Indenture (Everest Re Capital Trust)
Additional Sums. So In the case of the Securities of a series initially issued to an Issuer Trust, so long as no Event of Default has occurred and is continuing and except as otherwise specified as contemplated by Section 2.1 or Section 3.1, if: if (ai) the an Issuer Trust is the Holder of all of the Outstanding Securities, Securities of such series and (bii) a Tax Event described in clause (a) or (c) of the definition of "Tax Event" in Section 1.1 hereof has occurred and is continuing in respect of the such Issuer Trust, the Company Corporation shall pay the to such Issuer Trust (and its permitted successors or assigns under the related Trust Agreement) for so long as the such Issuer Trust (or its permitted successor or assignee) is the registered holder of the Outstanding SecuritiesSecurities of such series, such additional sums as may be necessary in order that the amount of Distributions (including any Additional Amount Amounts (as defined in the such Trust Agreement)) then due and payable by the such Issuer Trust on the related Trust Preferred Securities and Common Securities that at any time remain outstanding in accordance with the terms thereof shall not be reduced as a result of such any Additional Taxes arising from such Tax Event (the "Additional Sums"). Whenever in this Indenture or the Securities there is a reference in any context to the payment of principal of or interest on the Securities, such mention shall be deemed to include mention of the payments of the Additional Sums provided for in this paragraph to the extent that, in such context, Additional Sums are, were or would be payable in respect thereof pursuant to the provisions of this paragraph and express mention of the payment of Additional Sums (if applicable) in any provisions hereof shall not be construed as excluding Additional Sums in those provisions hereof where such express mention is not made; provided, however, that the deferral of the payment of interest pursuant to Section 3.12 or the Securities shall not defer the payment of any Additional Sums that may be due and payable.
Appears in 3 contracts
Sources: Junior Subordinated Indenture (South Carolina Electric & Gas Co), Junior Subordinated Indenture (Scana Corp), Junior Subordinated Indenture (Scana Corp)
Additional Sums. So In the case of the Debt Securities of a series initially issued to an Issuer Trust, so long as no Event of Default has occurred and is continuing and except as otherwise specified as contemplated by Section 2.1 or Section 3.1301, if: if (ai) the an Issuer Trust is the Holder of all of the Outstanding SecuritiesDebt Securities of such series, and (bii) a Tax Event described in clause (a) or (c) of the definition of "Tax Event" in Section 1.1 hereof has occurred and is continuing in respect of the such Issuer Trust, the Company shall pay the to such Issuer Trust (and its permitted successors or assigns under the related Trust Agreement) for so long as the such Issuer Trust (or its permitted successor or assignee) is the registered holder of the Outstanding SecuritiesDebt Securities of such series, such additional sums as may be necessary in order that the amount of Distributions (including any Additional Amount Amounts (as defined in the such Trust Agreement)) then due and payable by the such Issuer Trust on the Preferred related Capital Trust Securities and Common Trust Securities that at any time remain outstanding in accordance with the terms thereof shall not be reduced as a result of such any Additional Taxes arising from such Tax Event; provided, however, that Additional Sums shall not include any withholding taxes arising after the occurrence of a Tax Event and which have been withheld from payments to Holders of Trust Securities and for which Holders are liable (the "Additional Sums"). Whenever in this Indenture or the Debt Securities there is a reference in any context to the payment of principal of or interest on the Debt Securities, such mention shall be deemed to include mention of the payments of the Additional Sums provided for in this paragraph to the extent that, in such context, Additional Sums are, were or would be payable in respect thereof pursuant to the provisions of this paragraph and express mention of the payment of Additional Sums (if applicable) in any provisions hereof shall not be construed as excluding Additional Sums in those provisions hereof where such express mention is not made; provided, however, that the deferral of the payment of interest pursuant to Section 3.12 313 or the Debt Securities shall not defer the payment of any Additional Sums that may be due and payable.
Appears in 3 contracts
Sources: Indenture (Wells Fargo Capital Iv), Indenture (Popular Inc), Indenture (South Financial Group Inc)
Additional Sums. So In the case of the Securities of a series initially issued to an Issuer Trust, so long as no Event of Default has occurred and is continuing and except as otherwise specified as contemplated by Section 2.1 or Section 3.1, if: if (ai) the an Issuer Trust is the Holder of all of the Outstanding SecuritiesSecurities of such series, and (bii) a Tax Event described in clause (a) or (c) of the definition of "Tax Event" in Section 1.1 hereof has occurred and is continuing in respect of the such Issuer Trust, the Company Corporation shall pay the to such Issuer Trust (and its permitted successors or assigns under the related Trust Agreement) for so long as the such Issuer Trust (or its permitted successor or assignee) is the registered holder of the Outstanding SecuritiesSecurities of such series, such additional sums as may be necessary in order that the amount of Distributions (including any Additional Amount Amounts (as defined in the such Trust Agreement)) then due and payable by the such Issuer Trust on the Preferred related Capital Securities and Common Securities that at any time remain outstanding in accordance with the terms thereof shall not be reduced as a result of such any Additional Taxes arising from such Tax Event; provided, however, that Additional Sums shall not include any withholding taxes arising after the occurrence of a Tax Event and which have been withheld from payments to Holders of Trust Securities and for which Holders are liable (the "Additional Sums"). Whenever in this Indenture or the Securities there is a reference in any context to the payment of principal of or interest on the Securities, such mention shall be deemed to include mention of the payments of the Additional Sums provided for in this paragraph to the extent that, in such context, Additional Sums are, were or would be payable in respect thereof pursuant to the provisions of this paragraph and express mention of the payment of Additional Sums (if applicable) in any provisions hereof shall not be construed as excluding Additional Sums in those provisions hereof where such express mention is not made; provided, however, that the deferral of the payment of interest pursuant to Section 3.12 or the Securities shall not defer the payment of any Additional Sums that may be due and payable.
Appears in 3 contracts
Sources: Junior Subordinated Indenture (Bb&t Capital Trust I), Junior Subordinated Indenture (State Street Boston Corp), Junior Subordinated Indenture (Cullen Frost Capital Trust I)
Additional Sums. So In the case of the Securities of a series initially issued to an Issuer Trust, so long as no Event of Default has occurred and is continuing and except as otherwise specified as contemplated by Section 2.1 or Section 3.1, if: if (ai) the an Issuer Trust is the Holder of all of the Outstanding SecuritiesSecurities of such series, and (bii) a Tax Event described in clause (ai) or (ciii) of the definition of the term "Tax Event" in Section 1.1 hereof has occurred and is continuing in respect of the such Issuer Trust, the Company shall pay the to such Issuer Trust (and its permitted successors or assigns under the related Trust Agreement) for so long as the such Issuer Trust (or its permitted successor or assignee) is the registered holder of the Outstanding SecuritiesSecurities of such series, such additional sums as may be necessary in order that the amount of Distributions (including any Additional Amount Amounts (as defined in the such Trust Agreement)) then due and payable by the such Issuer Trust on the Preferred related Capital Securities and Common Securities that at any time remain outstanding in accordance with the terms thereof shall not be reduced as a result of such Additional Taxes (the "Additional Sums"). Whenever in this Indenture or the Securities there is a reference in any context to the payment of principal of or interest on the Securities, such mention shall be deemed to include mention of the payments of the Additional Sums provided for in this paragraph to the extent that, in such context, Additional Sums are, were or would be payable in respect thereof pursuant to the provisions of this paragraph and express mention of the payment of Additional Sums (if applicable) in any provisions hereof shall not be construed as excluding Additional Sums in those provisions hereof where such express mention is not made; provided, however, that the deferral of the payment of interest pursuant to Section 3.12 or on the Securities shall not defer the payment of any Additional Sums that may be due and payable.
Appears in 3 contracts
Sources: Junior Subordinated Indenture (First Empire Capital Trust I), Junior Subordinated Indenture (First Empire State Corp), Junior Subordinated Indenture (First Empire Capital Trust Ii)
Additional Sums. So In the case of the Securities of a series initially issued to an Issuer Trust, so long as no Event of Default has occurred and is continuing and except as otherwise specified as contemplated by Section 2.1 or Section 3.1, if: if (ai) the an Issuer Trust is the Holder of all of the Outstanding SecuritiesSecurities of such series, and (bii) a Tax Event described in clause (a) or (c) of the definition of "Tax Event" in Section 1.1 hereof has occurred and is continuing in respect of the such Issuer Trust, the Company shall pay the to such Issuer Trust (and its permitted successors or assigns under the related Trust Agreement) for so long as the such Issuer Trust (or its permitted successor or assignee) is the registered holder of the Outstanding SecuritiesSecurities of such series, such additional sums as may be necessary in order that the amount of Distributions (including any Additional Amount Amounts (as defined in the such Trust Agreement)) then due and payable by the such Issuer Trust on the Preferred related Capital Securities and Common Securities that at any time remain outstanding in accordance with the terms thereof shall not be reduced as a result of such Additional Taxes (the "Additional Sums"). Whenever in this Indenture or the Securities there is a reference in any context to the payment of principal of or interest on the Securities, such mention shall be deemed to include mention of the payments of the Additional Sums provided for in this paragraph to the extent that, in such context, Additional Sums are, were or would be payable in respect thereof pursuant to the provisions of this paragraph and express mention of the payment of Additional Sums (if applicable) in any provisions hereof shall not be construed as excluding Additional Sums in those provisions hereof where such express mention is not made; provided, however, that the deferral of the payment of interest pursuant to Section 3.12 or on the Securities shall not defer the payment of any Additional Sums that may be due and payable.
Appears in 3 contracts
Sources: Junior Subordinated Indenture (FCB Nc Capital Trust I), Junior Subordinated Indenture (City Holding Capital Trust Ii), Junior Subordinated Indenture (FCB/Sc Capital Trust I)
Additional Sums. So long as no Event In the case of Default has occurred and is continuing and Securities of a series issued to an ACE Trust, except as otherwise specified as contemplated by Section 2.1 or Section 3.1, if: in the event that (ai) the Issuer such ACE Trust is the Holder of all of the Outstanding SecuritiesSecurities of such series, and (bii) a Tax Event described in clause respect of such ACE Trust shall have occurred and be continuing and (aiii) the Company shall not have (i) redeemed the Securities of such series pursuant to Section 11.8 or (cii) terminated such ACE Trust pursuant to Section 9.2(b) of the definition of "Tax Event" in Section 1.1 hereof has occurred and is continuing in respect of the Issuer Trustrelated Trust Agreement, the Company shall pay the Issuer to such ACE Trust (and its permitted successors or assigns under the related Trust Agreement) ), for so long as the Issuer such ACE Trust (or its permitted successor or assignee) is the registered holder of the Outstanding Securitiesany Securities of such series, such additional sums amounts as may be necessary in order that the amount of Distributions (including any Additional Amount (as defined in the Trust Agreement)) then due and payable by the Issuer such ACE Trust on the related Preferred Securities and Common Securities that at any time remain outstanding in accordance with the terms thereof shall not be reduced as a result of such any Additional Taxes (the "Additional Sums"). Whenever in this Indenture or the Securities there is a reference mentioned, in any context to context, the payment of the principal of or any premium or interest on, or in respect of, any Security of any series or any Coupon or the net proceeds received on the Securitiessale or exchange of any Security of any series, such mention shall be deemed to include mention of the payments payment of the Additional Sums provided for in this paragraph by the terms of such series established hereby or pursuant hereto to the extent that, in such context, Additional Sums are, were or would be payable in respect thereof pursuant to the provisions of this paragraph such terms, and express mention of the payment of Additional Sums (if applicable) in any provisions provision hereof shall not be construed as excluding Additional Sums in those provisions hereof where such express mention is not made; , provided, however, that the deferral extension of the an interest payment of interest period pursuant to Section 3.12 3.11 or the terms of the applicable Securities shall not defer extend the payment of any Additional Sums that may be due and payablepayable during such interest payment period.
Appears in 2 contracts
Sources: Indenture (Ace LTD), Indenture (Ace Ina Holdings Inc)
Additional Sums. So In the case of the Securities of a series initially issued to a Trust, so long as no Event of Default has occurred and is continuing and except as otherwise specified as contemplated by Section 2.1 or Section 3.1, if: if (ai) the Issuer a Trust is the Holder of all of the Outstanding SecuritiesSecurities of such series, and (bii) a Tax Event described in clause (a) or (c) of the definition of "Tax Event" in Section 1.1 hereof has occurred and is continuing in respect of the Issuer Trustsuch Securities, the Company shall pay the Issuer to such Trust (and or its permitted successors or assigns successor under the related Trust Agreement) for so long as the Issuer such Trust (or its permitted successor or assigneesuccessor) is the registered holder of the Outstanding Securities of such series, together with any payment of principal of (or premium, if any) or interest (including any Additional Interest) on such Securities, such additional sums as may be necessary in order that the amount of Distributions (including any Additional Amount Amounts (as defined in the such Trust Agreement)) then due and payable by such Trust in respect of the Issuer Trust on the related Preferred Securities and Common Securities that at any time remain outstanding in accordance with the terms thereof shall not be reduced as a result of such any Additional Taxes arising from such Tax Event (the "Additional Sums"). Whenever in this Indenture or the Securities there is a reference in any context to the payment of principal of (or premium, if any) or interest (including Additional Interest) on the Securities, such mention shall be deemed to include mention of the payments of the Additional Sums provided for in this paragraph to the extent that, in such context, Additional Sums are, were or would be payable in respect thereof pursuant to the provisions of this paragraph paragraph, and any express mention of the payment of Additional Sums (if applicable) in any provisions provision hereof shall not be construed as excluding Additional Sums in those provisions hereof where such express mention is not made; provided, however, that the deferral of the payment of interest pursuant to Section 3.12 3.11 or the terms of the Securities shall not defer the payment of any Additional Sums that may be due and payable.
Appears in 2 contracts
Sources: Junior Subordinated Indenture (First Tennessee Capital Iv), Junior Subordinated Indenture (First Tennessee National Corp)
Additional Sums. So long as no Event In the case of Default has occurred and is continuing and Securities of a series issued to an Assured Guaranty Trust, except as otherwise specified as contemplated by Section 2.1 or Section 3.1, if: in the event that (ai) the Issuer such Assured Guaranty Trust is the Holder of all of the Outstanding SecuritiesSecurities of such series, and (bii) a Tax Event described in clause respect of such Assured Guaranty Trust shall have occurred and be continuing and (aiii) the Company shall not have (i) redeemed the Securities of such series pursuant to Section 11.8 or (cii) terminated such Assured Guaranty Trust pursuant to Section 9.2(b) of the definition of "Tax Event" in Section 1.1 hereof has occurred and is continuing in respect of the Issuer Trustrelated Trust Agreement, the Company shall pay the Issuer to such Assured Guaranty Trust (and its permitted successors or assigns under the related Trust Agreement) ), for so long as the Issuer such Assured Guaranty Trust (or its permitted successor or assignee) is the registered holder of the Outstanding Securitiesany Securities of such series, such additional sums amounts as may be necessary in order that the amount of Distributions (including any Additional Amount (as defined in the Trust Agreement)) then due and payable by the Issuer such Assured Guaranty Trust on the related Preferred Securities and Common Securities that at any time remain outstanding in accordance with the terms thereof shall not be reduced as a result of such any Additional Taxes (the "“Additional Sums"”). Whenever in this Indenture or the Securities there is a reference mentioned, in any context to context, the payment of the principal of or any premium or interest on, or in respect of, any Security of any series or any Coupon or the net proceeds received on the Securitiessale or exchange of any Security of any series, such mention shall be deemed to include mention of the payments payment of the Additional Sums provided for in this paragraph by the terms of such series established hereby or pursuant hereto to the extent that, in such context, Additional Sums are, were or would be payable in respect thereof pursuant to the provisions of this paragraph such terms, and express mention of the payment of Additional Sums (if applicable) in any provisions provision hereof shall not be construed as excluding Additional Sums in those provisions hereof where such express mention is not made; , provided, however, that the deferral extension of the an interest payment of interest period pursuant to Section 3.12 3.11 or the terms of the applicable Securities shall not defer extend the payment of any Additional Sums that may be due and payablepayable during such interest payment period.
Appears in 2 contracts
Sources: Indenture (Assured Guaranty US Holdings Inc.), Indenture (Assured Guaranty LTD)
Additional Sums. So In the case of the Securities of a series issued to a BankAmerica Trust, so long as no Event of Default has occurred and is continuing and except as otherwise specified as contemplated by Section 2.1 or Section 3.1, if: in the event that (ai) the Issuer a BankAmerica Trust is the Holder of all of the Outstanding Securities, Securities of such series and (bii) a Tax Event described in clause (a) or (c) of the definition of "Tax Event" in Section 1.1 hereof has occurred and is continuing in respect of the Issuer Trustsuch BankAmerica Trust shall have occurred and be continuing, the Company shall pay the Issuer to such BankAmerica Trust (and its permitted successors or assigns under the related Trust Agreement) as Holder of the Securities of such series for so long as the Issuer such BankAmerica Trust (or its permitted successor or assignee) is the registered holder of the Outstanding Securitiesany Securities of such series, such additional sums as may be necessary in order that the amount of Distributions (including any Additional Amount Amounts (as defined in the such Trust Agreement)) then due and payable paid by the Issuer such BankAmerica Trust on the related Preferred Securities and Common Securities that at any time remain outstanding in accordance with the terms thereof shall not be reduced as a result of such any Additional Taxes (the "Additional Sums"). Whenever in this Indenture or the Securities there is a reference in any context to the payment of principal of or interest on the Securities, such mention shall be deemed to include mention of the payments of the Additional Sums provided for in this paragraph to the extent that, in such context, Additional Sums are, were or would be payable in respect thereof pursuant to the provisions of this paragraph and express mention of the payment of Additional Sums (if applicable) in any provisions hereof shall not be construed as excluding Additional Sums in those provisions hereof where such express mention is not made; provided, however, that the deferral of the payment of interest pursuant to Section 3.12 or the Securities shall not defer the payment of any Additional Sums that may be due and payable.
Appears in 2 contracts
Sources: Junior Subordinated Indenture (Bankamerica Corp/De/), Junior Subordinated Indenture (Bankamerica Capital Viii)
Additional Sums. So In the case of the Securities of a series issued to a SVB Trust, so long as no Event of Default has occurred and is continuing and except as otherwise specified as contemplated by Section 2.1 or Section 3.1, if: in the event that (ai) the Issuer such SVB Trust is the Holder of all of the Outstanding SecuritiesSecurities of such series, and (bii) a Tax Event described in clause respect of such SVB Trust shall have occurred and be continuing and (aiii) the Company shall not have (A) redeemed the Securities of such series pursuant to Section 11.7 or (cB) terminated such SVB Trust pursuant to Section 9.2(b) of the definition of "Tax Event" in Section 1.1 hereof has occurred and is continuing in respect of the Issuer Trustrelated Trust Agreement, the Company shall pay the Issuer to such SVB Trust (and its permitted successors or assigns under the related Trust Agreement) for so long as the Issuer such SVB Trust (or its permitted successor or assignee) is the registered holder of the Outstanding Securitiesany Securities of such series, such additional sums amounts as may be necessary in order that the amount of Distributions (including any Additional Amount Amounts (as defined in the such Trust Agreement)) then due and payable by the Issuer such SVB Trust on the related Preferred Securities and Common Securities that at any time remain outstanding in accordance with the terms thereof shall not be reduced as a result of such any Additional Taxes (the "“Additional Sums"”). Whenever in this Indenture or the Securities there is a reference in any context to the payment of principal of or interest on the Securities, such mention shall be deemed to include mention of the payments of the Additional Sums provided for in this paragraph to the extent that, in such context, . Additional Sums are, were or would be payable in respect thereof pursuant to the provisions of this paragraph and express mention of the payment of Additional Sums (if applicable) in any provisions hereof shall not be construed as excluding Additional Sums in those provisions hereof where such express mention is not made; provided, however, that the deferral of the payment of interest pursuant to Section 3.12 3.11 or the Securities shall not defer the payment of any Additional Sums that may be due and payable.
Appears in 2 contracts
Sources: Junior Subordinated Indenture (Silicon Valley Bancshares), Junior Subordinated Indenture (Silicon Valley Bancshares)
Additional Sums. So In the case of the Securities of a series issued to a Compass Trust, so long as no Event of Default has occurred and is continuing and except as otherwise specified as contemplated by Section 2.1 or Section 3.1, if: in the event that (ai) the Issuer such Compass Trust is the Holder of all of the Outstanding SecuritiesSecurities of such series, (ii) a Special Event in respect of such Compass Trust shall have occurred and be continuing and (biii) a Tax Event described in clause the Company shall not have (aA) redeemed the Securities of such series pursuant to Section 11.7(b) or (cB) terminated such Compass Trust pursuant to Section 9.2(b) of the definition of "Tax Event" in Section 1.1 hereof has occurred and is continuing in respect of the Issuer Trustrelated Trust Agreement, the Company shall pay the Issuer to such Compass Trust (and its permitted successors or assigns under the related Trust Agreement) for so long as the Issuer such Compass Trust (or its permitted successor or assignee) is the registered holder of the Outstanding Securitiesany Securities of such series, such additional sums amounts as may be necessary in order that the amount of Distributions (including any Additional Amount Amounts (as defined in the such Trust Agreement)) then due and payable by the Issuer such Compass Trust on the Preferred related Capital Securities and Common Securities that at any time remain outstanding in accordance with the terms thereof shall not be reduced as a result of such any Additional Taxes (the "Additional Sums"). Whenever in this Indenture or the Securities there is a reference in any context to the payment of principal of or interest on the Securities, such mention shall be deemed to include mention of the payments of the Additional Sums provided for in this paragraph to the extent that, in such context, Additional Sums are, were or would be payable in respect thereof pursuant to the provisions of this paragraph and express mention of the payment of Additional Sums (if applicable) in any provisions hereof shall not be construed as excluding Additional Sums in those provisions hereof where such express mention is not made; provided, however, that the deferral of the payment of interest pursuant to Section 3.12 3.11 or the Securities shall not defer the payment of any Additional Sums that may be due and payable.
Appears in 2 contracts
Sources: Junior Subordinated Indenture (Compass Bancshares Inc), Junior Subordinated Indenture (Compass Trust Iii)
Additional Sums. So long as no Event of Default has occurred and is continuing and except as otherwise specified as contemplated by Section 2.1 or Section 3.1, if: In the event that (a) the Issuer Trust Property Trustee is the Holder of all of the Outstanding SecuritiesDebentures, and (b) a Tax Event described in clause (a) or (c) of the definition of "Tax Event" in Section 1.1 hereof has occurred and is continuing in respect of the Issuer TrustTrust shall have occurred and be continuing and (c) the Company shall not have (i) redeemed the Debentures pursuant to Section 11.7 or 11.8 or (ii) dissolved the Trust pursuant to Section 9.2(b) of the Trust Agreement, the Company shall pay to the Issuer Trust (and its permitted successors or assigns under the Trust Agreement) for so long as the Issuer Trust (or its permitted successor or assignee) is the registered holder Holder of the Outstanding SecuritiesDebentures, such additional sums amounts as may be necessary in order that the amount of Distributions distributions (including any Additional Amount Amounts (as defined in the Trust Agreement)) then due and payable by the Issuer Trust on the Preferred Securities and Common Securities that at any time remain outstanding in accordance accord with the terms thereof shall not be reduced as a result of such any Additional Taxes (the "Additional SumsADDITIONAL SUMS"). Whenever in this Indenture or the Securities Debentures there is a reference in any context to the payment of principal of (or premium, if any) or interest on the SecuritiesDebentures, such mention shall be deemed to include mention of the payments of the Additional Sums provided for in this paragraph to the extent that, in such context, Additional Sums are, were or would be payable in respect thereof pursuant to the provisions of this paragraph and express mention of the payment of Additional Sums (if applicable) in any provisions hereof shall not be construed as excluding Additional Sums in those provisions hereof where such express mention is not made; provided, PROVIDED, however, that the deferral extension of the an interest payment of interest period pursuant to Section 3.12 3.11 or the Securities Debentures shall not defer extend the payment of any Additional Sums that may be due and payablepayable during such interest payment period.
Appears in 2 contracts
Sources: Junior Convertible Subordinated Indenture (Dura Automotive Systems Inc), Junior Convertible Subordinated Indenture (Dayton Superior Capital Trust)
Additional Sums. So In the case of the Securities of a series initially issued to an Issuer Trust, so long as no Event of Default has occurred and is continuing and except as otherwise specified as contemplated by Section 2.1 or Section 3.1, if: if (ai) the an Issuer Trust is the Holder of all of the Outstanding SecuritiesSecurities of such series, and (bii) a Tax Event described in clause (a) or (c) of the definition of "Tax Event" in Section 1.1 hereof has occurred and is continuing in respect of the such Issuer Trust, the Company Corporation shall pay the to such Issuer Trust (and or its permitted successors or assigns successor under the related Trust Agreement) for so long as the such Issuer Trust (or its permitted successor or assigneesuccessor) is the registered holder of the Outstanding Securities of such series, together with any payment of principal of (or premium, if any) or interest (including any Additional Interest) on such Securities, such additional sums as may be necessary in order that the amount of Distributions (including any Additional Amount Amounts (as defined in the such Trust Agreement)) then due and payable by the such Issuer Trust on in respect of the Preferred related Capital Securities and Common Securities that at any time remain outstanding in accordance with the terms thereof shall not be reduced as a result of such any Additional Taxes arising from such Tax Event (the "Additional Sums"). Whenever in this Indenture or the Securities there is a reference in any context to the payment of principal of (or premium, if any) or interest (including any Additional Interest) on the Securities, such mention shall be deemed to include mention of the payments of the Additional Sums provided for in this paragraph to the extent that, in such context, Additional Sums are, were or would be payable in respect thereof pursuant to the provisions of this paragraph paragraph, and any express mention of the payment of Additional Sums (if applicable) in any provisions provision hereof shall not be construed as excluding Additional Sums in those provisions hereof where such express mention is not made; provided, however, that the deferral of the payment of interest pursuant to Section 3.12 or the terms of the Securities shall not defer the payment of any Additional Sums that may be due and payable.
Appears in 2 contracts
Sources: Junior Subordinated Indenture (Centura Banks Inc), Junior Subordinated Indenture (Colonial Bancgroup Inc)
Additional Sums. So In the case of the Securities of a series initially issued to an Issuer Trust, so long as no Event of Default has occurred and is continuing and except as otherwise specified as contemplated by Section 2.1 or Section 3.1, if: if (ai) the an Issuer Trust is the Holder of all of the Outstanding SecuritiesSecurities of such series, and (bii) a Tax Event described in clause (a) or (c) of the definition of "Tax Event" in Section 1.1 hereof has occurred and is continuing in respect of the such Issuer Trust, the Company shall pay the to such Issuer Trust (and its permitted successors or assigns under the related Trust Agreement) for so long as the such Issuer Trust (or its permitted successor or assignee) is the registered holder of the Outstanding SecuritiesSecurities of such series, such additional sums as may be necessary in order that the amount of Distributions (including any Additional Amount Amounts (as defined in the such Trust Agreement)) then due and payable by the such Issuer Trust on the Preferred related Capital Securities and Common Securities that at any time remain outstanding in accordance with the terms thereof shall not be reduced as a result of such any Additional Taxes arising from such Tax Event (the "Additional SumsADDITIONAL SUMS"). Whenever in this Indenture or the Securities there is a reference in any context to the payment of principal of or interest on the Securities, such mention shall be deemed to include mention of the payments of the Additional Sums provided for in this paragraph to the extent that, in such context, Additional Sums are, were or would be payable in respect thereof pursuant to the provisions of this paragraph and express mention of the payment of Additional Sums (if applicable) in any provisions hereof shall not be construed as excluding Additional Sums in those provisions hereof where such express mention is not made; providedPROVIDED, howeverHOWEVER, that the deferral of the payment of interest pursuant to Section 3.12 or the Securities shall not defer the payment of any Additional Sums that may be due and payable.
Appears in 2 contracts
Sources: Junior Subordinated Indenture (Seacoast Financial Services Corp), Junior Subordinated Indenture (Seacoast Financial Services Corp)
Additional Sums. So In the case of the Securities of a series issued to an HL&P Trust, so long as no Event of Default has occurred and is continuing and except as otherwise specified as contemplated by Section 2.1 or Section 3.1, if: in the event that (ai) the Issuer an HL&P Trust is the Holder of all of the Outstanding SecuritiesSecurities of such series, and (bii) a Tax Event described or an Investment Company Act Event in clause respect of such HL&P Trust shall have occurred and be continuing and (aiii) the Company shall not have (A) redeemed the Securities of such series pursuant to Section 11 and the applicable supplemental indenture or (cB) terminated such HL&P Trust pursuant to Section 9.2(b) of the definition of "Tax Event" in Section 1.1 hereof has occurred and is continuing in respect of the Issuer Trustrelated Trust Agreement, the Company shall pay the Issuer to such HL&P Trust (and its permitted successors or assigns under the related Trust Agreement) for so long as the Issuer such HL&P Trust (or its permitted successor or assignee) is the registered holder of the Outstanding Securitiesany Securities of such series, such additional sums amounts as may be necessary in order that the amount of Distributions (including any Additional Amount Amounts (as defined in the such Trust Agreement)) then due and payable by the Issuer such HL&P Trust on the Preferred related Preference Securities and Common Securities that at any time remain outstanding in accordance with the terms thereof shall not be reduced as a result of such any Additional Taxes (the "Additional Sums"). Whenever in this Indenture or the Securities there is a reference in any context to the payment of principal of or interest on the Securities, such mention shall be deemed to include mention of the payments of the Additional Sums provided for in this paragraph to the extent that, in such context, Additional Sums are, were or would be payable in respect thereof pursuant to the provisions of this paragraph and express mention of the payment of Additional Sums (if applicable) in any provisions hereof shall not be construed as excluding Additional Sums in those provisions hereof where such express mention is not made; provided, however, that the deferral of the payment of interest pursuant to Section 3.12 or 3.11 on the Securities shall not defer the payment of any Additional Sums that may be due and payable.
Appears in 2 contracts
Sources: Junior Subordinated Indenture (Hl&p Capital Trust I), Junior Subordinated Indenture (Hl&p Capital Trust Iv)
Additional Sums. So In the case of the Securities of a series initially issued to an Issuer Trust, so long as no Event of Default has occurred and is continuing and except as otherwise specified as contemplated by Section 2.1 or Section 3.1, if: if (ai) the an Issuer Trust is the Holder of all of the Outstanding SecuritiesSecurities of such series, and (bii) a Tax Event described in clause (a) or (c) of the definition of "Tax Event" in Section 1.1 hereof has occurred and is continuing in respect of the such Issuer Trust, the Company Corporation shall pay the Issuer Trust (and its permitted successors or assigns under the Trust Agreement) for so long as the to such Issuer Trust (or its permitted successor under the related Declaration of Trust) for so long as such Issuer Trust (or assigneeits permitted successor) is the registered holder of the Outstanding Securities of such series, together with any payment of principal of (or premium, if any) or interest (including any Additional Interest) on such Securities, such additional sums as may be necessary in order that the amount of Distributions (including any Additional Amount Amounts (as defined in the Trust Agreementsuch Declaration of Trust)) then due and payable by the such Issuer Trust on in respect of the related Preferred Securities and Common Securities that at any time remain outstanding in accordance with the terms thereof shall not be reduced as a result of such any Additional Taxes arising from such Tax Event (the "Additional Sums"). Whenever in this Indenture or the Securities there is a reference in any context to the payment of principal of (or premium, if any) or interest (including any Additional Interest) on the Securities, such mention shall be deemed to include mention of the payments of the Additional Sums provided for in this paragraph to the extent that, in such context, Additional Sums are, were or would be payable in respect thereof pursuant to the provisions of this paragraph paragraph, and any express mention of the payment of Additional Sums (if applicable) in any provisions provision hereof shall not be construed as excluding Additional Sums in those provisions hereof where such express mention is not made; provided, however, that the deferral of the payment of interest pursuant to Section 3.12 or the terms of the Securities shall not defer the payment of any Additional Sums that may be due and payable.
Appears in 2 contracts
Sources: Junior Subordinated Indenture (Bt Capital Trust B), Junior Subordinated Indenture (Bt Preferred Capital Trust Iv)
Additional Sums. So In the case of the Securities of a series initially issued to an Issuer Trust, so long as no Event of Default has occurred and is continuing and except as otherwise specified as contemplated by Section 2.1 201 or Section 3.1301, if: if (ai) the an Issuer Trust is the Holder of all of the Outstanding SecuritiesSecurities of such series, and (bii) a Tax Event described in clause Clause (ai) or (ciii) of in the definition of "Tax Event" Event in Section 1.1 101 hereof has occurred and is continuing in respect of the such Issuer Trust, the Company shall pay the to such Issuer Trust (and its permitted successors or assigns under the related Trust Agreement) for so long as the such Issuer Trust (or its permitted successor or assignee) is the registered holder of the Outstanding SecuritiesSecurities of such series, such additional sums amounts as may be necessary in order that the amount of Distributions (including any Additional Amount (as defined in the Trust Agreement)Amounts) then due and payable by the such Issuer Trust on the related Preferred Securities and Common Securities that at any time remain outstanding in accordance with the terms thereof shall not be reduced as a result of such any Additional Taxes arising from such Tax Event (the "Additional Sums"). Whenever in this Indenture or the Securities there is a reference in any context to the payment of principal of or interest on the Securities, such mention shall be deemed to include mention of the payments of the Additional Sums provided for in this paragraph to the extent that, in such context, Additional Sums are, were or would be payable in respect thereof pursuant to the provisions of this paragraph and express mention of the payment of Additional Sums (if applicable) in any provisions hereof shall not be construed as excluding Additional Sums in those provisions hereof where such express mention is not made; provided, however, that the deferral of the payment of interest pursuant to Section 3.12 or 312 on the Securities shall not defer the payment of any Additional Sums that may be due and payable.
Appears in 2 contracts
Sources: Junior Subordinated Indenture (Everest Re Group LTD), Junior Subordinated Indenture (Everest Re Capital Trust Iii)
Additional Sums. So In the case of the Securities of a series issued to a GBB Trust, so long as no Event of Default has occurred and is continuing and except as otherwise specified as contemplated by Section 2.1 or Section 3.1, if: in the event that (ai) the Issuer such GBB Trust is the Holder of all of the Outstanding SecuritiesSecurities of such series, and (bii) a Tax Event described in clause respect of such GBB Trust shall have occurred and be continuing and (aiii) the Company shall not have (A) redeemed the Securities of such series pursuant to Section 11.7(b) or (cB) terminated such GBB Trust pursuant to Section 9.2(b) of the definition of "Tax Event" in Section 1.1 hereof has occurred and is continuing in respect of the Issuer Trustrelated Trust Agreement, the Company shall pay the Issuer to such GBB Trust (and its permitted successors or assigns under the related Trust Agreement) for so long as the Issuer such GBB Trust (or its permitted successor or assignee) is the registered holder of the Outstanding Securitiesany Securities of such series, such additional sums amounts as may be necessary in order that the amount of Distributions (including any Additional Amount Amounts (as defined in the such Trust Agreement)) then due and payable by the Issuer such GBB Trust on the related Preferred Securities and Common Securities that at any time remain outstanding in accordance with the terms thereof shall not be reduced as a result of such any Additional Taxes (the "Additional Sums"). Whenever in this Indenture or the Securities there is a reference in any context to the payment of principal of or interest on the Securities, such mention shall be deemed to include mention of the payments of the Additional Sums provided for in this paragraph to the extent that, in such context, Additional Sums are, were or would be payable in respect thereof pursuant to the provisions of this paragraph and express mention of the payment of Additional Sums (if applicable) in any provisions hereof shall not be construed as excluding Additional Sums in those provisions hereof where such express mention is not made; provided, however, that the deferral of the payment of interest pursuant to Section 3.12 3.11 or the Securities shall not defer the payment of any Additional Sums that may be due and payable.
Appears in 2 contracts
Sources: Junior Subordinated Indenture (GBB Capital I), Junior Subordinated Indenture (Greater Bay Bancorp)
Additional Sums. So In the case of the Securities of a series initially issued to an Issuer Trust, so long as no Event of Default has occurred and is continuing and except as otherwise specified as contemplated by Section 2.1 or Section 3.1, if: if (ai) the an Issuer Trust is the Holder of all of the Outstanding SecuritiesSecurities of such series, and (bii) a Tax Event described in clause (a) or (c) of the definition of "Tax Event" in Section 1.1 hereof has occurred and is continuing in respect of the such Issuer Trust, the Company Corporation shall pay the to such Issuer Trust (and its permitted successors or assigns under the related Trust Agreement) for so long as the such Issuer Trust (or its permitted successor or assignee) is the registered holder of the Outstanding SecuritiesSecurities of such series, such additional sums as may be necessary in order that the amount of Distributions (including any Additional Amount Amounts (as defined in the such Trust Agreement)) then due and payable by the such Issuer Trust on the Preferred related Capital Securities and Common Securities that at any time remain outstanding in accordance with the terms thereof shall not be reduced as a result of such any Additional Taxes arising from such Tax Event (the "Additional Sums"). Whenever in this Indenture or the Securities there is a reference in any context to the payment of principal of or interest on the Securities, such mention shall be deemed to include mention of the payments of the Additional Sums provided for in this paragraph to the extent that, in such context, Additional Sums are, were or would be payable in respect thereof pursuant to the provisions of this paragraph and express mention of the payment of Additional Sums (if applicable) in any provisions hereof shall not be construed as excluding Additional Sums in those provisions hereof where such express mention is not made; provided, however, that the deferral of the payment of interest pursuant to Section 3.12 or the Securities shall not defer the payment of any Additional Sums that may be due and payable.
Appears in 2 contracts
Sources: Junior Subordinated Indenture (Compass Trust Ii), Junior Subordinated Indenture (Bank of New York Co Inc)
Additional Sums. So In the case of the Securities of a series initially issued to an Issuer Trust, so long as no Event of Default has occurred and is continuing and except as otherwise specified as contemplated by Section 2.1 or Section 3.1, if: if (ai) the an Issuer Trust is the Holder of all of the Outstanding SecuritiesSecurities of such series, and (bii) a Tax Event described in clause (a) or (c) of the definition of "Tax Event" in Section 1.1 hereof has occurred and is continuing in respect of the such Issuer Trust, the Company shall pay the to such Issuer Trust (and its permitted successors or assigns under the related Trust Agreement) for so long as the such Issuer Trust (or its permitted successor or assignee) is the registered holder of the Outstanding SecuritiesSecurities of such series, such additional sums as may be necessary in order that the amount of Distributions (including any Additional Amount Amounts (as defined in the such Trust Agreement)) then due and payable by the such Issuer Trust on the Preferred related Capital Securities and Common Securities that at any time remain outstanding in accordance with the terms thereof shall not be reduced as a result of such Additional Taxes (the "Additional Sums"). Whenever in this Indenture or the Securities there is a reference in any context to the payment of principal of or interest on the Securities, such mention shall be deemed to include mention of the payments of the Additional Sums provided for in this paragraph to the extent that, in such context, Additional Sums are, were or would be payable in respect thereof pursuant to the provisions of this paragraph and express mention of the payment of Additional Sums (if applicable) in any provisions hereof shall not be construed as excluding Additional Sums in those provisions hereof where such express mention is not made; provided, however, that the deferral of the payment of interest pursuant to Section 3.12 or the Securities shall not defer the payment of any Additional Sums that may be due and payable.
Appears in 2 contracts
Sources: Junior Subordinated Indenture (Jeffbanks Inc), Junior Subordinated Indenture (First Empire State Corp)
Additional Sums. So In the case of the Securities of a series issued to a PMI Trust, so long as no Event of Default has occurred and is continuing and except as otherwise specified as contemplated by Section 2.1 or Section 3.1, if: in the event that (ai) the Issuer a PMI Trust is the Holder of all of the Outstanding Securities, Securities of such series and (bii) a Tax Event described in clause (a) or (c) of the definition of "Tax Event" in Section 1.1 hereof has occurred and is continuing in respect of the Issuer Trustsuch PMI Trust shall have occurred and be continuing, the Company shall pay the Issuer to such PMI Trust (and its permitted successors or assigns under the related Trust Agreement) as Holder of the Securities of such series for so long as the Issuer such PMI Trust (or its permitted successor or assignee) is the registered holder of the Outstanding Securitiesany Securities of such series, such additional sums as may be necessary in order that the amount of Distributions (including any Additional Amount Amounts (as defined in the such Trust Agreement)) then due and payable paid by the Issuer such PMI Trust on the Preferred related Capital Securities and Common Securities that at any time remain outstanding in accordance with the terms thereof shall not be reduced as a result of such any Additional Taxes (the "Additional Sums"). Whenever in this Indenture or the Securities there is a reference in any context to the payment of principal of or interest on the Securities, such mention shall be deemed to include mention of the payments of the Additional Sums provided for in this paragraph to the extent that, in such context, Additional Sums are, were or would be payable in respect thereof pursuant to the provisions of this paragraph and express mention of the payment of Additional Sums (if applicable) in any provisions hereof shall not be construed as excluding Additional Sums in those provisions hereof where such express mention is not made; provided, however, that the deferral of the payment of interest pursuant to Section 3.12 or the Securities shall not defer the payment of any Additional Sums that may be due and payable.
Appears in 2 contracts
Sources: Junior Subordinated Indenture (Pmi Group Inc), Junior Subordinated Indenture (Pmi Capital I)
Additional Sums. So In the case of the Debt Securities of a series initially issued to an Issuer Trust, so long as no Event of Default has occurred and is continuing and except as otherwise specified as contemplated by Section 2.1 or Section 3.1301, if: if (ai) the an Issuer Trust is the Holder of all of the Outstanding SecuritiesDebt Securities of such series, and (bii) a Tax Event described in clause (a) or (c) of the definition of "Tax Event" in Section 1.1 hereof has occurred and is continuing in respect of the such Issuer Trust, the Company shall pay the to such Issuer Trust (and its permitted successors or assigns under the related Trust Agreement) for so long as the such Issuer Trust (or its permitted successor or assignee) is the registered holder of the Outstanding SecuritiesDebt Securities of such series, such additional sums as may be necessary in order that the amount of Distributions (including any Additional Amount Amounts (as defined in the such Trust Agreement)) then due and payable by the such Issuer Trust on the related Trust Preferred Securities and Common Trust Securities that at any time remain outstanding in accordance with the terms thereof shall not be reduced as a result of such any Additional Taxes arising from such Tax Event; provided, however, that Additional Sums shall not include any withholding taxes arising after the occurrence of a Tax Event and which have been withheld from payments to Holders of Trust Securities and for which Holders are liable (the "Additional Sums"). Whenever in this Indenture or the Debt Securities there is a reference in any context to the payment of principal of or interest on the Debt Securities, such mention shall be deemed to include mention of the payments of the Additional Sums provided for in this paragraph to the extent that, in such context, Additional Sums are, were or would be payable in respect thereof pursuant to the provisions of this paragraph and express mention of the payment of Additional Sums (if applicable) in any provisions hereof shall not be construed as excluding Additional Sums in those provisions hereof where such express mention is not made; provided, however, that the deferral of the payment of interest pursuant to Section 3.12 313 or the Debt Securities shall not defer the payment of any Additional Sums that may be due and payable.
Appears in 2 contracts
Sources: Indenture (Indymac Capital Trust I), Indenture (Indymac Bancorp Inc)
Additional Sums. So In the case of the Securities of a series issued to a Citizens Trust, so long as no Event of Default has occurred and is continuing and except as otherwise specified as contemplated by Section 2.1 or Section 3.1, if: in the event that (ai) the Issuer a Citizens Trust is the Holder of all of the Outstanding Securities, Securities of such series and (bii) a Tax Event described in clause (a) or (c) of the definition of "Tax Event" in Section 1.1 hereof has occurred and is continuing in respect of the Issuer Trustsuch Citizens Trust shall have occurred and be continuing, the Company shall pay the Issuer to such Citizens Trust (and its permitted successors or assigns under the related Trust Agreement) as Holder of the Securities of such series for so long as the Issuer such Citizens Trust (or its permitted successor or assignee) is the registered holder Holder of the Outstanding Securitiesany Securities of such series, such additional sums as may be necessary in order that the amount of Distributions (including any Additional Amount Amounts (as defined in the such Trust Agreement)) then due and payable paid by the Issuer such Citizens Trust on the Preferred related Capital Securities and Common Securities that at any time remain outstanding in accordance with the terms thereof shall not be reduced as a result of such any Additional Taxes (the "Additional Sums"). Whenever in this Indenture or the Securities there is a reference in any context to the payment of principal of or interest on the Securities, such mention shall be deemed to include mention of the payments of the Additional Sums provided for in this paragraph to the extent that, in such context, Additional Sums are, were or would be payable in respect thereof pursuant to the provisions of this paragraph and express mention of the payment of Additional Sums (if applicable) in any provisions hereof shall not be construed as excluding Additional Sums in those provisions hereof where such express mention is not made; provided, however, that the deferral of the payment of interest pursuant to Section 3.12 or the Securities shall not defer the payment of any Additional Sums that may be due and payable.
Appears in 2 contracts
Sources: Indenture (Citizens Funding Trust IV), Indenture (Citizens Banking Corp)
Additional Sums. So long as no Event of Default has occurred and is continuing and except as otherwise specified as contemplated by Section 2.1 or Section 3.1, if: if (ai) the Issuer Trust is the Holder of all of the Outstanding Securities, and (bii) a Tax Event described in clause (ai) or (ciii) of the definition of "Tax Event" in Section 1.1 hereof has occurred and is continuing in respect of the Issuer Trust, the Company shall pay the Issuer Trust (and its permitted successors or assigns under the Trust Agreement) for For so long as the Issuer Trust (or its permitted successor or assignee) is the registered holder of the Outstanding Securities, such additional sums as may be necessary in order that the amount of Distributions (including any Additional Amount Amounts (as defined in the Trust Agreement)) then due and payable by the Issuer Trust on the Preferred Securities and Common Securities that at any time remain outstanding in accordance with the terms thereof shall not be reduced as a result of such Additional Taxes (the "Additional Sums"). Whenever in this Indenture or the Securities there is a reference in any context to the payment of principal of or interest on the Securities, such mention shall be deemed to include mention of the payments of the Additional Sums provided for in this paragraph to the extent that, in such context, Additional Sums are, were or would be payable in respect thereof pursuant to the provisions of this paragraph and express mention of the payment of Additional Sums (if applicable) in any provisions hereof shall not be construed as excluding Additional Sums in those provisions hereof where such express mention is not made; provided, however, that the deferral of the payment of interest pursuant to Section 3.12 or the Securities shall not defer the payment of any Additional Sums that may be due and payable.
Appears in 2 contracts
Sources: Junior Subordinated Indenture (BNB Capital Trust), Junior Subordinated Indenture (Broad National Bancorporation)
Additional Sums. So In the case of the Securities of a series issued to a Mellon Trust, so long as no Event of Default has occurred and is continuing and except as otherwise specified as contemplated by Section 2.1 or Section 3.1, if: in the event that (ai) the Issuer a Mellon Trust is the Holder of all of the Outstanding SecuritiesSecurities of such series, and (bii) a Tax Event described or a Capital Treatment Event in clause respect of such Mellon Trust shall have occurred and be continuing and (aiii) the Company shall not have (A) redeemed the Securities of such series pursuant to Section 11.7(b) or (cB) terminated such Mellon Trust pursuant to Section 9.2(b) of the definition of "Tax Event" in Section 1.1 hereof has occurred and is continuing in respect of the Issuer Trustrelated Trust Agreement, the Company shall pay the Issuer to such Mellon Trust (and its permitted successors or assigns under the related Trust Agreement) for so long as the Issuer such Mellon Trust (or its permitted successor or assignee) is the registered holder of the Outstanding Securitiesany Securities of such series, such additional sums amounts as may be necessary in order that the amount of Distributions (including any Additional Amount Amounts (as defined in the such Trust Agreement)) then due and payable by the Issuer such Mellon Trust on the related Preferred Securities and Common Securities that at any time remain outstanding in accordance with the terms thereof shall not be reduced as a result of such any Additional Taxes (the "Additional Sums"). Whenever in this Indenture or the Securities there is a reference in any context to the payment of principal of or interest on the Securities, such mention shall be deemed to include mention of the payments of the Additional Sums provided for in this paragraph to the extent that, in such context, Additional Sums are, were or would be payable in respect thereof pursuant to the provisions of this paragraph and express mention of the payment of Additional Sums (if applicable) in any provisions hereof shall not be construed as excluding Additional Sums in those provisions hereof where such express mention is not made; provided, however, that the deferral of the payment of interest pursuant to Section 3.12 3.11 or the Securities shall not defer the payment of any Additional Sums that may be due and payable.
Appears in 2 contracts
Sources: Junior Subordinated Indenture (Mellon Bank Corp), Junior Subordinated Indenture (Mellon Capital Iii)
Additional Sums. So In the case of the Securities of a series issued to an FBS Trust, so long as no Event of Default has occurred and is continuing and except as otherwise specified as contemplated by Section 2.1 or Section 3.1, if: in the event that (ai) the Issuer such FBS Trust is the Holder of all of the Outstanding SecuritiesSecurities of such series, and (bii) a Tax Event described in clause respect of such FBS Trust shall have occurred and be continuing and (aiii) the Company shall not have (A) redeemed the Securities of such series pursuant to Section 11.7(b) or (cB) terminated such FBS Trust pursuant to Section 9.2(b) of the definition of "Tax Event" in Section 1.1 hereof has occurred and is continuing in respect of the Issuer Trustrelated Trust Agreement, the Company shall pay the Issuer to such FBS Trust (and its permitted successors or assigns under the related Trust Agreement) for so long as the Issuer such FBS Trust (or its permitted successor or assignee) is the registered holder of the Outstanding Securitiesany Securities of such series, such additional sums amounts as may be necessary in order that the amount of Distributions (including any Additional Amount Amounts (as defined in the such Trust Agreement)) then due and payable by the Issuer such FBS Trust on the Preferred related Capital Securities and Common Securities that at any time remain outstanding in accordance with the terms thereof shall not be reduced as a result of such any Additional Taxes (the "Additional Sums"). Whenever in this Indenture or the Securities there is a reference in any context to the payment of principal of or interest on the Securities, such mention shall be deemed to include mention of the payments of the Additional Sums provided for in this paragraph to the extent that, in such context, Additional Sums are, were or would be payable in respect thereof pursuant to the provisions of this paragraph and express mention of the payment of Additional Sums (if applicable) in any provisions hereof shall not be construed as excluding Additional Sums in those provisions hereof where such express mention is not made; provided, however, that the deferral of the payment of interest pursuant to Section 3.12 3.11 or the Securities shall not defer the payment of any Additional Sums that may be due and payable.
Appears in 2 contracts
Sources: Junior Subordinated Indenture (First Bank System Inc), Junior Subordinated Indenture (First Bank System Inc)
Additional Sums. So In the case of the Securities of a series issued to a USF&G Trust, so long as no Event of Default has occurred and is continuing and except as otherwise specified as contemplated by Section 2.1 or Section 3.1, if: in the event that (ai) the Issuer a USF&G Trust is the Holder of all of the Outstanding Securities, Securities of such series and (bii) a Tax Event described in clause (a) or (c) of the definition of "Tax Event" in Section 1.1 hereof has occurred and is continuing in respect of the Issuer Trustsuch USF&G Trust shall have occurred and be continuing, the Company shall pay the Issuer to such USF&G Trust (and its permitted successors or assigns under the related Trust Agreement) as Holder of the Securities of such series for so long as the Issuer such USF&G Trust (or its permitted successor or assignee) is the registered holder of the Outstanding Securitiesany Securities of such series, such additional sums as may be necessary in order that the amount of Distributions (including any Additional Amount Amounts (as defined in the such Trust Agreement)) then due and payable paid by the Issuer such USF&G Trust on the Preferred related Capital Securities and Common Securities that at any time remain outstanding in accordance with the terms thereof shall not be reduced as a result of such any Additional Taxes (the "Additional Sums"). Whenever in this Indenture or the Securities there is a reference in any context to the payment of principal of or interest on the Securities, such mention shall be deemed to include mention of the payments of the Additional Sums provided for in this paragraph to the extent that, in such context, Additional Sums are, were or would be payable in respect thereof pursuant to the provisions of this paragraph and express mention of the payment of Additional Sums (if applicable) in any provisions hereof shall not be construed as excluding Additional Sums in those provisions hereof where such express mention is not made; provided, however, that the deferral of the payment of interest pursuant to Section 3.12 or the Securities shall not defer the payment of any Additional Sums that may be due and payable.
Appears in 2 contracts
Sources: Trust Agreement (Usf&g Corp), Trust Agreement (Usf&g Corp)
Additional Sums. So In the case of the Securities of a series issued to a Union Planters Trust, so long as no Event of Default has occurred and is continuing and except as otherwise specified as contemplated by Section 2.1 201 or Section 3.1301, if: in the event that (ai) the Issuer a Union Planters Trust is the Holder of all of the Outstanding Securities, Securities of such series and (bii) a Tax Event described in clause (a) or (c) of the definition of "Tax Event" in Section 1.1 hereof has occurred and is continuing in respect of the Issuer Trustsuch Union Planters Trust shall have occurred and be continuing, the Company shall pay the Issuer to such Union Planters Trust (and its permitted successors or assigns under the Trust AgreementAgreement under which such Union Planters Trust is created) as Holder of the Securities of such series for so long as the Issuer such Union Planters Trust (or its permitted successor or assignee) is the registered holder of the Outstanding Securitiesany Securities of such series, such additional sums as may be necessary in order that the amount of Distributions (including any Additional Amount Amounts (as defined in the such Trust Agreement)) then due and payable by the Issuer such Union Planters Trust on the related Preferred Securities and Common Securities that at any time remain outstanding in accordance with the terms thereof shall not be reduced as a result of such any Additional Taxes (the "Additional Sums"). Whenever in this Indenture or the Securities there is a reference in any context to the payment of principal of or interest on the Securities, such mention shall be deemed to include mention of the payments of the Additional Sums provided for in this paragraph to the extent that, in such context, Additional Sums are, were or would be payable in respect thereof pursuant to the provisions of this paragraph and express mention of the payment of Additional Sums (if applicable) in any provisions hereof shall not be construed as excluding Additional Sums in those provisions hereof where such express mention is not made; provided, however, that the deferral of the payment of interest pursuant to Section 3.12 311 or the Securities shall not defer the payment of any Additional Sums that may be due and payable.
Appears in 1 contract
Sources: Indenture (Union Planters Corp)
Additional Sums. So In the case of the Securities of a series initially issued to an Issuer Trust, so long as no Event of Default has occurred and is continuing and except as otherwise specified as contemplated by Section 2.1 or Section 3.1, if: if (ai) the an Issuer Trust is the Holder of all of the Outstanding SecuritiesSecurities of such series, and (bii) a Tax Event described in clause (a) or (c) of the definition of "Tax Event" in Section 1.1 hereof has occurred and is continuing in respect of the such Issuer Trust, the Company Corporation shall pay the to such Issuer Trust (and its permitted successors or assigns under the related Trust Agreement) for so long as the such Issuer Trust (or its permitted successor or assignee) is the registered holder of the Outstanding SecuritiesSecurities of such series, such additional sums as may be necessary in order that the amount of Distributions (including any Additional Amount Amounts (as defined in the such Trust Agreement)) then due and payable by the such Issuer Trust on the Preferred related Capital Securities and Common Securities that at any time remain outstanding in accordance with the terms thereof shall not be reduced as a result of such any Additional Taxes arising from such Tax Event (the "Additional Sums"). Whenever in this Indenture the Securities or the Securities Guarantees there is a reference in any context to the payment of principal of or interest on the Securities, such mention shall be deemed to include mention of the payments of the Additional Sums provided for in this paragraph to the extent that, in such context, Additional Sums are, were or would be payable in respect thereof pursuant to the provisions of this paragraph and express mention of the payment of Additional Sums (if applicable) in any provisions hereof shall not be construed as excluding Additional Sums in those provisions hereof where such express mention is not made; provided, however, that the deferral of the payment of interest pursuant to Section 3.12 or the Securities shall not defer the payment of any Additional Sums that may be due and payable.
Appears in 1 contract
Additional Sums. So In the case of the Securities of a ------------- --------------- series issued to a ▇▇▇▇▇▇▇▇▇▇ Capital Trust, so long as no Event of Default has occurred and is continuing and except as otherwise specified as contemplated by Section 2.1 or Section 3.1, if: in the event that (ai) the Issuer such ▇▇▇▇▇▇▇▇▇▇ Capital Trust is the Holder of all of the Outstanding SecuritiesSecurities of such series, and (bii) a Tax Event described in clause respect of such ▇▇▇▇▇▇▇▇▇▇ Capital Trust shall have occurred and be continuing and (aiii) the Company shall not have (A) redeemed the Securities of such series pursuant to Section 11.7(ii) or (cB) dissolved such ▇▇▇▇▇▇▇▇▇▇ Capital Trust pursuant to Section 8.1(a)(v) of the definition of "Tax Event" in Section 1.1 hereof has occurred and is continuing in respect of the Issuer Trustrelated Trust Agreement, the Company shall pay the Issuer to such ▇▇▇▇▇▇▇▇▇▇ Capital Trust (and its permitted successors or assigns under the related Trust Agreement) for so long as the Issuer such ▇▇▇▇▇▇▇▇▇▇ Capital Trust (or its permitted successor or assignee) is the registered holder of the Outstanding Securitiesany Securities of such series, such additional sums amounts as may be necessary in order that the amount of Distributions (including any Additional Amount Amounts (as defined in the such Trust Agreement)) then due and payable by the Issuer such ▇▇▇▇▇▇▇▇▇▇ Capital Trust on the Preferred related Capital Securities and Common Securities that at any time remain outstanding in accordance with the terms thereof shall not be reduced as a result of such any Additional Taxes (the "Additional Sums"). Whenever in this Indenture or the Securities there is a reference in any context to the payment of principal of or interest on the Securities, such mention shall be deemed to include mention of the payments of the Additional Sums provided for in this paragraph to the extent that, in such context, Additional Sums are, were or would be payable in respect thereof pursuant to the provisions of this paragraph and express mention of the payment of Additional Sums (if applicable) in any provisions hereof shall not be construed as excluding Additional Sums in those provisions hereof where such express mention is not made; provided, however, that the deferral of the payment of interest pursuant to Section 3.12 3.11 or the Securities shall not defer the payment of any Additional Sums that may be due and payable.
Appears in 1 contract
Sources: Junior Subordinated Indenture (Chittenden Capital Trust I)
Additional Sums. So In the case of the Debt Securities of a series initially issued to a Trust, so long as no Event of Default has occurred and is continuing and except as otherwise specified as contemplated by Section 2.1 or Section 3.1301, if: if (ai) the Issuer a Trust is the Holder of all of the Outstanding Securities, Debt Securities of such series and (bii) a Tax Event described in clause (a) or (c) of the definition of "Tax Event" in Section 1.1 hereof has occurred and is continuing in respect of the Issuer such Trust, the Company shall pay the Issuer to such Trust (and its permitted successors or assigns under the related Trust Agreement) for so long as the Issuer such Trust (or its permitted successor or assignee) is the registered holder Holder of the Outstanding SecuritiesDebt Securities of such series, such additional sums as may be necessary in order that the amount of Distributions (as defined in such Trust Agreement), including any Additional Amount Amounts (as defined in the such Trust Agreement)) , then due and payable by the Issuer such Trust on the related Trust Preferred Securities and Trust Common Securities that at any time remain outstanding in accordance with the terms thereof shall not be reduced as a result of such Additional Taxes (the "Additional Sums"). Whenever in this Indenture or the Debt Securities there is a reference in any context to the payment of principal of or interest on the Debt Securities, such mention shall be deemed to include mention of the payments of the Additional Sums provided for in this paragraph to the extent that, in such context, Additional Sums are, were or would be payable in respect thereof pursuant to the provisions of this paragraph and express mention of the payment of Additional Sums (if applicable) in any provisions hereof shall not be construed as excluding Additional Sums in those provisions hereof where such express mention is not made; provided, however, that the deferral of the payment of interest pursuant to Section 3.12 or 312 on the Debt Securities shall not defer the payment of any Additional Sums that may be due and payable.]
Appears in 1 contract
Sources: Indenture (Progress Energy Inc)
Additional Sums. So long as no Event In the case of Default has occurred and is continuing and Securities of a series issued to a PartnerRe Trust, except as otherwise specified as contemplated by Section 2.1 or Section 3.19.2(b) of the related Trust Agreement, if: in the event that (ai) the Issuer such PartnerRe Trust is the Holder of all of the Outstanding SecuritiesSecurities of such series, and (bii) a Tax Event described in clause respect of such PartnerRe Trust shall have occurred and be continuing and (iii) the Company shall not have (a) redeemed the Securities of such series pursuant to Section 11.8 or (cb) terminated such PartnerRe Trust pursuant to Section 9.2(b) of the definition of "Tax Event" in Section 1.1 hereof has occurred and is continuing in respect of the Issuer Trustrelated Trust Agreement, the Company shall pay the Issuer to such PartnerRe Trust (and its permitted successors or assigns under the related Trust Agreement) ), for so long as the Issuer such PartnerRe Trust (or its permitted successor or assignee) is the registered holder of the Outstanding Securitiesany Securities of such series, such additional sums amounts as may be necessary in order that the amount of Distributions (including any Additional Amount (as defined in the Trust Agreement)) then due and payable by the Issuer such PartnerRe Trust on the related Preferred Securities and Common Securities that at any time remain outstanding in accordance with the terms thereof shall not be reduced as a result of such any Additional Taxes (the "“Additional Sums"”). Whenever in this Indenture or the Securities there is a reference mentioned, in any context to context, the payment of the principal of or any premium or interest on, or in respect of, any Security of any series or any Coupon or the net proceeds received on the Securitiessale or exchange of any Security of any series, such mention shall be deemed to include mention of the payments payment of the Additional Sums provided for in this paragraph by the terms of such series established hereby or pursuant hereto to the extent that, in such context, Additional Sums are, were or would be payable in respect thereof pursuant to the provisions of this paragraph such terms, and express mention of the payment of Additional Sums (if applicable) in any provisions provision hereof shall not be construed as excluding Additional Sums in those provisions hereof where such express mention is not made; , provided, however, that the deferral extension of the an interest payment of interest period pursuant to Section 3.12 3.11 or the terms of the applicable Securities shall not defer extend the payment of any Additional Sums that may be due and payablepayable during such interest payment period.
Appears in 1 contract
Additional Sums. So long as no Event of Default has occurred and is continuing and except as otherwise specified as contemplated by Section 2.1 or Section 3.1, if: In the event that (a) the Issuer Trust Property Trustee is the Holder of all of the Outstanding SecuritiesDebentures, and (b) a Tax Event described in clause (a) or (c) of the definition of "Tax Event" in Section 1.1 hereof has occurred and is continuing in respect of the Issuer TrustTrust shall have occurred and be continuing and (c) the Company shall not have (i) redeemed the Debentures pursuant to Section 11.7 or 11.8 or (ii) terminated the Trust pursu ant to Section 9.2(b) of the Trust Agreement, the Company shall pay to the Issuer Trust (and its permitted successors or assigns under the Trust Agreement) for so long as the Issuer Trust (or its permitted successor or assignee) is the registered holder of the Outstanding SecuritiesDebentures, such additional sums amounts as may be necessary in order that the amount of Distributions distributions (including any Additional Amount Amounts (as defined in the Trust Agreement)) then due and payable by the Issuer Trust on the Preferred Securities and Common Securities that at any time remain outstanding in accordance accord with the terms thereof shall not be reduced as a result of such any Additional Taxes (the "Additional Sums"). Whenever in this Indenture or the Securities Debentures there is a reference in any context to the payment of principal of or interest on the SecuritiesDebentures, such mention shall be deemed to include mention of the payments of the Additional Sums provided for in this paragraph to the extent that, in such context, Additional Sums are, were or would be payable in respect thereof pursuant to the provisions of this paragraph and express mention of the payment of Additional Sums (if applicable) in any provisions hereof shall not be construed as excluding Additional Sums in those provisions hereof where such express mention is not made; , provided, however, that the deferral extension of the an interest payment of interest period pursuant to Section 3.12 3.11 or the Securities Debentures shall not defer extend the payment of any Additional Sums that may be due and payablepayable during such interest payment period.
Appears in 1 contract
Sources: Indenture (Big Flower Holdings Inc)
Additional Sums. So In the case of the Debt Securities of a series initially issued to an Issuer Trust, so long as no Event of Default has occurred and is continuing and except as otherwise specified as contemplated by Section 2.1 or Section 3.1301, if: if (ai) the an Issuer Trust is the Holder of all of the Outstanding SecuritiesDebt Securities of such series, and (bii) a Tax Event described in clause (a) or (c) of the definition of "Tax Event" in Section 1.1 hereof has occurred and is continuing in respect of the such Issuer Trust, the Company or the Guarantor, as the case may be, shall pay the to such Issuer Trust (and its permitted successors or assigns under the related Trust Agreement) for so long as the such Issuer Trust (or its permitted successor or assignee) is the registered holder of the Outstanding SecuritiesDebt Securities of such series, such additional sums as may be necessary in order that the amount of Distributions (including any Additional Amount Amounts (as defined in the such Trust Agreement)) then due and payable by the such Issuer Trust on the Preferred related Capital Trust Securities and Common Trust Securities that at any time remain outstanding in accordance with the terms thereof shall not be reduced as a result of such any Additional Taxes arising from such Tax Event; provided, however, that Additional Sums shall not include any withholding taxes arising after the occurrence of a Tax Event and which have been withheld from payments to Holders of Trust Securities and for which Holders are liable (the "Additional Sums"). Whenever in this Indenture or the Debt Securities there is a reference in any context to the payment of principal of or interest on the Debt Securities, such mention shall be deemed to include mention of the payments of the Additional Sums provided for in this paragraph to the extent that, in such context, Additional Sums are, were or would be payable in respect thereof pursuant to the provisions of this paragraph and express mention of the payment of Additional Sums (if applicable) in any provisions hereof shall not be construed as excluding Additional Sums in those provisions hereof where such express mention is not made; provided, however, that the deferral of the payment of interest pursuant to Section 3.12 313 or the Debt Securities shall not defer the payment of any Additional Sums that may be due and payable.
Appears in 1 contract
Additional Sums. So In the case of the Securities of a series issued to a Bear ▇▇▇▇▇▇▇ Trust, so long as no Event of Default has occurred and is continuing and except as otherwise specified as contemplated by Section 2.1 2.01 or Section 3.12.02, if: in the event that (ai) the Issuer a Bear ▇▇▇▇▇▇▇ Trust is the Holder holder of all of the Outstanding SecuritiesSecurities of such series, (ii) a Special Event in respect of such Bear ▇▇▇▇▇▇▇ Trust shall have occurred and be continuing and (iii) the Company shall not have (a) redeemed the Securities of such series or (b) a Tax Event described in clause (a) or (c) terminated such Bear ▇▇▇▇▇▇▇ Trust pursuant to the termination provisions of the definition of "Tax Event" in Section 1.1 hereof has occurred and is continuing in respect of the Issuer Trustrelated Trust Agreement, the Company shall pay the Issuer to such Trust (and its permitted successors or assigns assign under the related Trust Agreement) for so long as the Issuer such Bear ▇▇▇▇▇▇▇ Trust (or its permitted successor or assignee) is the registered holder of the Outstanding Securitiesany Securities of such series, such additional sums amounts as may be necessary in order that the amount of Distributions (including any Additional Amount Amounts (as defined in the Trust Agreement)) ), then due and payable by the Issuer such Bear ▇▇▇▇▇▇▇ Trust on the related Preferred Securities and Common Securities that at any time remain outstanding in accordance with the terms thereof shall not be reduced as a result of such Additional Taxes any additional taxes (the "Additional Sums"). Whenever in this Indenture or the Securities there is a reference in any context to the payment of principal of or interest on the Securities, such mention shall be deemed to include mention of the payments of the Additional Sums provided for in this paragraph to the extent that, in such context, Additional Sums are, were or would be payable in respect thereof pursuant to the provisions of this paragraph and express mention of the payment of Additional Sums (if applicable) in any provisions hereof shall not be construed as excluding Additional Sums in those provisions hereof where such express mention is not made; , provided, however, that the deferral of the payment of interest pursuant to Section 3.12 2.10 or the Securities shall not defer the payment of any Additional Sums that may be due and payable.
Appears in 1 contract
Additional Sums. So In the case of the Securities issued to ▇▇▇▇▇ Capital, so long as no Event of Default has occurred and is continuing and except as otherwise specified as contemplated by Section 2.1 or Section 3.1continuing, if: in the event that (ai) the Issuer Trust ▇▇▇▇▇ Capital is the Holder of all of the Outstanding Securities, Securities and (bii) a Tax Event described in clause respect of ▇▇▇▇▇ Capital shall have occurred and be continuing and (aiii) the Company shall not have (A) redeemed the Securities pursuant to Section 10.7(b) or (cB) terminated such Trust pursuant to Section 9.2(b) of the definition of "Tax Event" in Section 1.1 hereof has occurred and is continuing in respect of the Issuer TrustTrust Agreement, the Company Corporation shall pay the Issuer Trust to ▇▇▇▇▇ Capital (and its permitted successors or assigns under the related Trust Agreement) as Holder of the Securities for so long as the Issuer Trust ▇▇▇▇▇ Capital (or its permitted successor or assignee) is the registered holder of the Outstanding any Securities, such additional sums as may be necessary in order that the amount of Distributions (including any Additional Amount Amounts (as defined in the such Trust Agreement)) then due and payable paid by the Issuer Trust ▇▇▇▇▇ Capital on the related Preferred Securities and Common Securities that at any time remain outstanding in accordance with the terms thereof shall not be reduced as a result of such any Additional Taxes (the "Additional Sums"). Whenever in this Indenture or the Securities there is a reference in any context to the payment of principal of (or premium, if any) or interest on the Securities, such mention shall be deemed to include mention of the payments of the Additional Sums provided for in this paragraph to the extent that, in such context, Additional Sums are, were or would be payable in respect thereof pursuant to the provisions of this paragraph and express mention of the payment of Additional Sums (if applicable) in any provisions hereof shall not be construed as excluding Additional Sums in those provisions hereof where such express mention is not made; provided, however, that the deferral of the payment of interest pursuant to Section 3.12 or the Securities shall not defer the payment of any Additional Sums that may be due and payable.
Appears in 1 contract
Sources: Junior Subordinated Indenture (Riggs National Corp)
Additional Sums. So long as no Event of Default has occurred and is continuing and except as otherwise specified as contemplated by Section 2.1 or Section 3.1, if: (a) the Issuer Trust is the Holder of all of the Outstanding Securities, and (b) a Tax Event described in clause (a) or (c) of the definition of "“Tax Event" ” in Section 1.1 hereof has occurred and is continuing in respect of the Issuer Trust, the Company shall pay the Issuer Trust (and its permitted successors or assigns under the Trust Agreement) for so long as the Issuer Trust (or its permitted successor or assignee) is the registered holder of the Outstanding Securities, such additional sums as may be necessary in order that the amount of Distributions (including any Additional Amount (as defined in the Trust Agreement)) then due and payable by the Issuer Trust on the Preferred Securities and Common Securities that at any time remain outstanding in accordance with the terms thereof shall not be reduced as a result of such Additional Taxes (the "“Additional Sums"”). Whenever in this Indenture or the Securities there is a reference in any context to the payment of principal of or interest on the Securities, such mention shall be deemed to include mention of the payments of the Additional Sums provided for in this paragraph to the extent that, in such context, Additional Sums are, were or would be payable in respect thereof pursuant to the provisions of this paragraph and express mention of the payment of Additional Sums (if applicable) in any provisions hereof shall not be construed as excluding Additional Sums in those provisions hereof where such express mention is not made; provided, however, that the deferral of the payment of interest pursuant to Section 3.12 or the Securities shall not defer the payment of any Additional Sums that may be due and payable.
Appears in 1 contract
Sources: Junior Subordinated Indenture (American Safety Insurance Group LTD)
Additional Sums. So In the case of the Securities of a series initially issued to an Issuer Trust, so long as no Event of Default has occurred and is continuing and except as otherwise specified as contemplated by Section 2.1 or Section 3.1, if: (a) the Issuer Trust is the Holder of all of the Outstanding SecuritiesSecurities of such series, and (b) a Tax Event described in clause (a) or (c) of the definition of "Tax Event" in Section 1.1 hereof has occurred and is continuing in respect of the such Issuer Trust, the Company shall pay the such Issuer Trust (and its permitted successors or assigns under the related Trust Agreement) for so long as the such Issuer Trust (or its permitted successor or assignee) is the registered holder of the Outstanding SecuritiesSecurities of such series, such additional sums as may be necessary in order that the amount of Distributions (including any Additional Amount (as defined in the such Trust Agreement)) then due and payable by the such Issuer Trust on the Preferred Capital Securities and Common Securities that at any time remain outstanding in accordance with the terms thereof shall not be reduced as a result of such Additional Taxes (the "Additional Sums"). Whenever in this Indenture or the Securities there is a reference in any context to the payment of principal of or interest on the Securities, such mention shall be deemed to include mention of the payments of the Additional Sums provided for in this paragraph to the extent that, in such context, Additional Sums are, were or would be payable in respect thereof pursuant to the provisions of this paragraph and express mention of the payment of Additional Sums (if applicable) in any provisions hereof shall not be construed as excluding Additional Sums in those provisions hereof where such express mention is not made; provided, however, that the deferral of the payment of interest pursuant to Section 3.12 or the Securities shall not defer the payment of any Additional Sums that may be due and payable.include
Appears in 1 contract
Sources: Junior Subordinated Indenture (PNC Capital Trust F)
Additional Sums. So In the case of the Securities of a series initially issued to an Issuer Trust, so long as no Event of Default has occurred and is continuing and except as otherwise specified as contemplated by Section 2.1 or Section 3.1, if: if (ai) the an Issuer Trust is the Holder of all of the Outstanding SecuritiesSecurities of such series, and (bii) a Tax Event described in clause (a) or (c) of the definition of "Tax Event" in Section 1.1 hereof has occurred and is continuing in respect of the such Issuer Trust, the Company Bank shall pay the to such Issuer Trust (and its permitted successors or assigns under the related Trust Agreement) for so long as the such Issuer Trust (or its permitted successor or assignee) is the registered holder of the Outstanding SecuritiesSecurities of such series, such additional sums as may be necessary in order that the amount of Distributions (including any Additional Amount Amounts (as defined in the such Trust Agreement)) then due and payable by the such Issuer Trust on the Preferred related Capital Securities and Common Securities that at any time remain outstanding in accordance with the terms thereof shall not be reduced as a result of such any Additional Taxes arising from such Tax Event (the "Additional SumsADDITIONAL SUMS"). Whenever in this Indenture or the Securities there is a reference in any context to the payment of principal of or interest on the Securities, such mention shall be deemed to include mention of the payments of the Additional Sums provided for in this paragraph to the extent that, in such context, Additional Sums are, were or would be payable in respect thereof pursuant to the provisions of this paragraph and express mention of the payment of Additional Sums (if applicable) in any provisions hereof shall not be construed as excluding Additional Sums in those provisions hereof where such express mention is not made; providedPROVIDED, howeverHOWEVER, that the deferral of the payment of interest pursuant to Section 3.12 or the Securities shall not defer the payment of any Additional Sums that may be due and payable.
Appears in 1 contract
Sources: Junior Subordinated Indenture (Zions Institutional Capital Trust A)
Additional Sums. So In the case of the Securities of a series issued to a ▇▇▇▇▇▇ Trust, so long as no Event of Default has occurred and is continuing and continuing, except as otherwise specified as contemplated by Section 2.1 or Section 3.1, if: in the event that (ai) the Issuer such ▇▇▇▇▇▇ Trust is the Holder of all of the Outstanding SecuritiesSecurities of such series, and (bii) a Tax Event described in clause respect of such ▇▇▇▇▇▇ Trust shall have occurred and be continuing, and (aiii) the Company shall not have (A) redeemed the Securities of such series pursuant to Section 11.7 or (cB) terminated such ▇▇▇▇▇▇ Trust pursuant to Section 9.2(b) of the definition of "Tax Event" in Section 1.1 hereof has occurred and is continuing in respect of the Issuer Trustrelated Trust Agreement, the Company shall pay the Issuer to such ▇▇▇▇▇▇ Trust (and its permitted successors or assigns under the related Trust Agreement) for so long as the Issuer such ▇▇▇▇▇▇ Trust (or its permitted successor or assignee) is the registered holder of the Outstanding Securitiesany Securities of such series, such additional sums amounts as may be necessary in order that the amount of Distributions (including any Additional Amount Amounts (as defined in the such Trust Agreement)) then due and paid or payable by the Issuer such ▇▇▇▇▇▇ Trust on the Preferred related Capital Securities and Common Securities that at any time remain outstanding in accordance with the terms thereof shall not be reduced as a result of such any Additional Taxes (the "Additional Sums"). Whenever in this Indenture or the Securities there is a reference in any context to the payment of principal of or interest on the Securities, such mention shall be deemed to include mention of the payments of the Additional Sums provided for in this paragraph to the extent that, in such context, Additional Sums are, were or would be payable in respect thereof pursuant to the provisions of this paragraph and express mention of the payment of Additional Sums (if applicable) in any provisions hereof shall not be construed as excluding Additional Sums in those provisions hereof where such express mention is not made; provided, however, that the deferral of the payment of interest pursuant to Section 3.12 or 3.11 on the Securities shall not defer the payment of any Additional Sums that may be due and payable.
Appears in 1 contract
Sources: Junior Subordinated Indenture (Downey Financial Corp)
Additional Sums. So In the case of the Securities of a series initially issued to an Issuer Trust, so long as no Event of Default has occurred and is continuing and except as otherwise specified as contemplated by Section 2.1 or Section 3.1, if: if (ai) the an Issuer Trust is the Holder of all of the Outstanding SecuritiesSecurities of such series, and (bii) a Tax Event described in clause (a) or (c) of the definition of "Tax Event" in Section 1.1 hereof has occurred and is continuing in respect of the such Issuer Trust, the Company Corporation shall pay the to such Issuer Trust (and its permitted successors or assigns under the related Trust Agreement) for so long as the such Issuer Trust (or its permitted successor or assignee) is the registered holder of the Outstanding SecuritiesSecurities of such series, such additional sums as may be necessary in order that the amount of Distributions (including any Additional Amount Amounts (as defined in the such Trust Agreement)) then due and payable by the such Issuer Trust on the related Preferred Securities and Common Securities that at any time remain outstanding in accordance with the terms thereof shall not be reduced as a result of such any Additional Taxes arising from such Tax Event (the "Additional Sums"). Whenever in this Indenture or the Securities there is a reference in any context to the payment of principal of or interest on the Securities, such mention shall be deemed to include mention of the payments of the Additional Sums provided for in this paragraph to the extent that, in such context, Additional Sums are, were or would be payable in respect thereof pursuant to the provisions of this paragraph and express mention of the payment of Additional Sums (if applicable) in any provisions hereof shall not be construed as excluding Additional Sums in those provisions hereof where such express mention is not made; provided, however, that the deferral of the payment of interest pursuant to Section 3.12 or on the Securities shall not defer the payment of any Additional Sums that may be due and payable.
Appears in 1 contract
Additional Sums. So In the case of the Debt Securities of a series initially issued to an Issuer Trust, so long as no Event of Default has occurred and is continuing and except as otherwise specified as contemplated by Section 2.1 or Section 3.1301, if: if (ai) the an Issuer Trust is the Holder of all of the Outstanding SecuritiesDebt Securities of such series, and (bii) a Tax Event described in clause (a) or (c) of the definition of "Tax Event" in Section 1.1 hereof has occurred and is continuing in respect of the such Issuer Trust, the Company shall pay the to such Issuer Trust (and its permitted successors or assigns under the related Trust Agreement) for so long as the such Issuer Trust (or its permitted successor or assignee) is the registered holder of the Outstanding SecuritiesDebt Securities of such series, such additional sums as may be necessary in order that the amount of Distributions (including any Additional Amount Amounts (as defined in the such Trust Agreement)) then due and payable by the such Issuer Trust on the Preferred related Capital Trust Securities and Common Trust Securities that at any time remain outstanding in accordance with the terms thereof shall not be reduced as a result of such any Additional Taxes arising from such Tax Event; PROVIDED, HOWEVER, that Additional Sums shall not include any withholding taxes arising after the occurrence of a Tax Event and which have been withheld from payments to Holders of Trust Securities and for which Holders are liable (the "Additional Sums"). Whenever in this Indenture or the Debt Securities there is a reference in any context to the payment of principal of or interest on the Debt Securities, such mention shall be deemed to include mention of the payments of the Additional Sums provided for in this paragraph to the extent that, in such context, Additional Sums are, were or would be payable in respect thereof pursuant to the provisions of this paragraph and express mention of the payment of Additional Sums (if applicable) in any provisions hereof shall not be construed as excluding Additional Sums in those provisions hereof where such express mention is not made; providedPROVIDED, howeverHOWEVER, that the deferral of the payment of interest pursuant to Section 3.12 313 or the Debt Securities shall not defer the payment of any Additional Sums that may be due and payable.
Appears in 1 contract
Sources: Indenture (Wells Fargo & Co/Mn)
Additional Sums. So In the case of the Securities of a series initially issued to an Issuer Trust, so long as no Event of Default has occurred and is continuing and except as otherwise specified as contemplated by Section 2.1 or Section 3.1, if: if (ai) the an Issuer Trust is the Holder of all of the Outstanding SecuritiesSecurities of such series, and (bii) a Tax Event described in clause (a) or (c) of the definition of "Tax Event" in Section 1.1 hereof has occurred and is continuing in respect of the such Issuer Trust, the Company Corporation shall pay the to such Issuer Trust (and its permitted successors or assigns under the related Trust Agreement) for so long as the such Issuer Trust (or its permitted successor or assignee) is the registered holder of the Outstanding SecuritiesSecurities of such series, such additional sums as may be necessary in order that the amount of Distributions (including any Additional Amount Amounts (as defined in the such Trust Agreement)) then due and payable by the such Issuer Trust on the related Preferred Securities and Common Securities that at any time remain outstanding in accordance with the terms thereof shall not be reduced as a result of such any Additional Taxes arising from such Tax Event (the "Additional Sums"). Whenever in this Indenture or the Securities there is a reference in any context to the payment of principal of or interest on the Securities, such mention shall be deemed to include mention of the payments of the Additional Sums provided for in this paragraph to the extent that, in such context, Additional Sums are, were or would be payable in respect thereof pursuant to the provisions of this paragraph and express mention of the payment of Additional Sums (if applicable) in any provisions hereof shall not be construed as excluding Additional Sums in those provisions hereof where such express mention is not made; provided, however, that the deferral of the payment of interest pursuant to Section 3.12 or the Securities shall not defer the payment of any Additional Sums that may be due and payable.any
Appears in 1 contract
Sources: Junior Subordinated Indenture (Fifth Third Bancorp)
Additional Sums. So In the case of the Securities of a series issued to a National City Trust, so long as no Event of Default has occurred and is continuing and except as otherwise specified as contemplated by Section 2.1 or Section 3.1, if: in the event that (ai) the Issuer such National City Trust is the Holder of all of the Outstanding SecuritiesSecurities of such series, and (bii) a Tax Event described in clause respect of such National City Trust shall have occurred and be continuing and (aiii) the Company shall not have (A) redeemed the Securities of such series pursuant to Section 11.7(b) or (cB) terminated such National City Trust pursuant to Section 9.2(b) of the definition of "Tax Event" in Section 1.1 hereof has occurred and is continuing in respect of the Issuer Trustrelated Trust Agreement, the Company shall pay the Issuer to such National City Trust (and its permitted successors or assigns under the related Trust Agreement) for so long as the Issuer such National City Trust (or its permitted successor or assignee) is the registered holder of the Outstanding Securitiesany Securities of such series, such additional sums amounts as may be necessary in order that the amount of Distributions (including any Additional Amount Amounts (as defined in the such Trust Agreement)) then due and payable by the Issuer such National City Trust on the Preferred related Capital Securities and Common Securities that at any time remain outstanding in accordance with the terms thereof shall not be reduced as a result of such any Additional Taxes (the "Additional Sums"). Whenever in this Indenture or the Securities there is a reference in any context to the payment of principal of or interest on the Securities, such mention shall be deemed to include mention of the payments of the Additional Sums provided for in this paragraph to the extent that, in such context, Additional Sums are, were or would be payable in respect thereof pursuant to the provisions of this paragraph and express mention of the payment of Additional Sums (if applicable) in any provisions hereof shall not be construed as excluding Additional Sums in those provisions hereof where such express mention is not made; provided, however, that the deferral of the payment of interest pursuant to Section 3.12 3.11 or the Securities shall not defer the payment of any Additional Sums that may be due and payable.
Appears in 1 contract
Additional Sums. So In the case of the Securities of a series issued to a WSFS Trust, so long as no Event of Default has occurred and is continuing and except as otherwise specified as contemplated by Section 2.1 or Section 3.1, if: in the event that (ai) the Issuer such WSFS Trust is the Holder of all of the Outstanding SecuritiesSecurities of such series, and (bii) a Tax Event described in clause respect of such WSFS Trust shall have occurred and be continuing and (aiii) the Company shall not have (A) redeemed the Securities of such series pursuant to Section 11.7(b) or (cB) terminated such WSFS Trust pursuant to Section 9.2(b) of the definition of "Tax Event" in Section 1.1 hereof has occurred and is continuing in respect of the Issuer Trustrelated Trust Agreement, the Company shall pay the Issuer to such WSFS Trust (and its permitted successors or assigns under the related Trust Agreement) for so long as the Issuer such WSFS Trust (or its permitted successor or assignee) is the registered holder of the Outstanding Securitiesany Securities of such series, such additional sums amounts as may be necessary in order that the amount of Distributions (including any Additional Amount Amounts (as defined in the such Trust Agreement)) then due and payable by the Issuer such WSFS Trust on the related Preferred Securities and Common Securities that at any time remain outstanding in accordance with the terms thereof shall not be reduced as a result of such any Additional Taxes (the "Additional Sums"). Whenever in this Indenture or the Securities there is a reference in any context to the payment of principal of or interest on the Securities, such mention shall be deemed to include mention of the payments of the Additional Sums provided for in this paragraph to the extent that, in such context, Additional Sums are, were or would be payable in respect thereof pursuant to the provisions of this paragraph and express mention of the payment of Additional Sums (if applicable) in any provisions hereof shall not be construed as excluding Additional Sums in those provisions hereof where such express mention is not made; provided, however, that the deferral of the payment of interest pursuant to Section 3.12 3.11 or the Securities shall not defer the payment of any Additional Sums that may be due and payable.
Appears in 1 contract
Sources: Junior Subordinated Indenture (WSFS Financial Corp)
Additional Sums. So long as no Event of Default has occurred and is continuing and except as otherwise specified as contemplated by Section 2.1 or Section 3.1, if: (a) the Issuer Trust is the Holder of all of the Outstanding Securities, and (b) a Tax Event described in clause (a) or (c) of the definition of "Tax Event" in Section 1.1 hereof has occurred and is continuing in respect of the 58 65 Issuer Trust, the Company shall pay the Issuer Trust (and its permitted successors or assigns under the Trust Agreement) for so long as the Issuer Trust (or its permitted successor or assignee) is the registered holder of the Outstanding Securities, such additional sums as may be necessary in order that the amount of Distributions (including any Additional Amount (as defined in the Trust Agreement)) then due and payable by the Issuer Trust on the Preferred Securities and Common Securities that at any time remain outstanding in accordance with the terms thereof shall not be reduced as a result of such Additional Taxes (the "Additional Sums"). Whenever in this Indenture or the Securities there is a reference in any context to the payment of principal of or interest on the Securities, such mention shall be deemed to include mention of the payments of the Additional Sums provided for in this paragraph to the extent that, in such context, Additional Sums are, were or would be payable in respect thereof pursuant to the provisions of this paragraph and express mention of the payment of Additional Sums (if applicable) in any provisions hereof shall not be construed as excluding Additional Sums in those provisions hereof where such express mention is not made; provided, however, that the deferral of the payment of interest pursuant to Section 3.12 or the Securities shall not defer the payment of any Additional Sums that may be due and payable.
Appears in 1 contract
Sources: Junior Subordinated Indenture (Sman Capital Trust 1)
Additional Sums. So In the case of the Securities of a series initially issued to an Issuer Trust, so long as no Event of Default has occurred and is continuing and except as otherwise specified as contemplated by Section 2.1 or Section 3.1, if: if (ai) the an Issuer Trust is the Holder of all of the Outstanding SecuritiesSecurities of such series, and (bii) a Tax Event described in clause (a) or (c) of the definition of "Tax Event" in Section 1.1 hereof has occurred and is continuing in respect of the such Issuer Trust, the Company shall pay the to such Issuer Trust (and its permitted successors or assigns under the related Trust Agreement) for so long as the such Issuer Trust (or its permitted successor successors or assigneeassigns) is the registered holder of the Outstanding SecuritiesSecurities of such series, such additional sums as may be necessary in order that the amount of Distributions (including any Additional Amount Amounts (as defined in the such Trust Agreement)) then due and payable by the such Issuer Trust on the Preferred its Capital Securities and Common Securities that at any time remain outstanding in accordance with the terms thereof shall not be reduced as a result of such Additional Taxes (the "Additional Sums"). --------------- Whenever in this Indenture or the Securities there is a reference in any context to the payment of principal of or interest on the Securities, such mention shall be deemed to include mention of the payments of the Additional Sums provided for in this paragraph to the extent that, in such context, Additional Sums are, were or would be payable in respect thereof pursuant to the provisions of this paragraph and express mention of the payment of Additional Sums (if applicable) in any provisions hereof shall not be construed as excluding Additional Sums in those provisions hereof where such express mention is not made; provided, however, that the deferral of the payment of interest pursuant to Section 3.12 or on the Securities shall not defer the payment of any Additional Sums that may be due and payable.
Appears in 1 contract
Additional Sums. So If and so long as no Event of Default has occurred and is continuing and except as otherwise specified as contemplated by Section 2.1 or Section 3.1, if: (ai) the Issuer Trust is the Holder of all of the Outstanding SecuritiesDebentures, and (bii) a Tax Event described in clause shall have occurred and be continuing and (aiii) the Company shall not have redeemed the Debentures pursuant to Section 1201 or (cterminated the Trust pursuant to Section 9.02(b) of the definition of "Tax Event" in Section 1.1 hereof has occurred and is continuing in respect of the Issuer TrustTrust Agreement, the Company shall pay to the Issuer Trust (and its permitted successors or assigns under the Trust Agreement) for so long as the Issuer Trust (or its permitted successor or assignee) is the registered holder of the Outstanding Securitiesany Debentures, such additional sums amounts as may be necessary in order that the amount of Distributions distributions (including any Additional Amount Amounts (as defined in the Trust Agreement)) then due and payable by the Issuer Trust on the Preferred Capital Securities and Common Securities that at any time remain outstanding in accordance with the terms thereof shall not be reduced as a result of such any Additional Taxes arising from such Tax Event (the "Additional Sums"). Whenever in this Indenture or the Securities Debentures there is a reference in any context to the payment of principal of or interest on the SecuritiesDebentures, such mention shall be deemed to include mention of the payments of the Additional Sums provided for in this paragraph to the extent that, in such context, Additional Sums are, were or would be payable in respect thereof pursuant to the provisions of this paragraph and express mention of the payment of Additional Sums (if applicable) in any provisions hereof shall not be construed as excluding Additional Sums in those provisions hereof where such express mention is not made; , provided, however, that the deferral of the payment of interest payments pursuant to Section 3.12 301 or the Securities Debentures shall not defer the payment of any Additional Sums that may be due and payable.
Appears in 1 contract
Additional Sums. So long as no Event of Default has occurred and is continuing and except as otherwise specified as contemplated by Section 2.1 or Section 3.1, if: In the event that (a) the Issuer Trust Property --------------- Trustee is the Holder of all of the Outstanding SecuritiesDebentures, and (b) a Tax Event described in clause (a) or (c) of the definition of "Tax Event" in Section 1.1 hereof has occurred and is continuing in respect of the Issuer TrustTrust shall have occurred and be continuing and (c) the Company shall not have (i) redeemed the Debentures pursuant to Section 11.7 or 11.8 or (ii) terminated the Trust pursuant to Section 9.2(b) of the Trust Agreement, the Company shall pay to the Issuer Trust (and its permitted successors or assigns under the Trust Agreement) for so long as the Issuer Trust (or its permitted successor or assignee) is the registered holder of the Outstanding SecuritiesDebentures, such additional sums amounts as may be necessary in order that the amount of Distributions distributions (including any Additional Amount Amounts (as defined in the Trust Agreement)) then due and payable by the Issuer Trust on the Preferred Securities and Common Securities that at any time remain outstanding in accordance accord with the terms thereof shall not be reduced as a result of such any Additional Taxes (the "Additional Sums"). Whenever in this Indenture or the Securities Debentures there is a reference in any context to the payment of principal of or interest on the SecuritiesDebentures, such mention shall be deemed to include mention of the payments of the Additional Sums provided for in this paragraph to the extent that, in such context, Additional Sums are, were or would be payable in respect thereof pursuant to the provisions of this paragraph and express mention of the payment of Additional Sums (if applicable) in any provisions hereof shall not be construed as excluding Additional Sums in those provisions hereof where such express mention is not made; provided, however, that the deferral extension of the an interest payment of interest period pursuant to Section 3.12 3.11 or the Securities Debentures shall not defer extend the payment of any Additional Sums that may be due and payablepayable during such interest payment period.]
Appears in 1 contract
Sources: Indenture (Alcoa Inc)
Additional Sums. So long as no Event In the case of Default has occurred and is continuing and the Securities of a series issued to a Liberty Trust, except as otherwise specified as contemplated by Section 2.1 or Section 3.1, if: in the event that (ai) the Issuer a Liberty Trust is the Holder of all of the Outstanding SecuritiesSecurities of such series, and (bii) a Tax Event described in clause respect of such Liberty Trust shall have occurred and be continuing and (aiii) the Company shall not have (i) redeemed the Securities of such series pursuant to Section 11.7(b) or (cii) terminated such Liberty Trust pursuant to Section 9.2(b) of the definition of "Tax Event" in Section 1.1 hereof has occurred and is continuing in respect of the Issuer Trustrelated Trust Agreement, the Company shall pay the Issuer to such Liberty Trust (and its permitted successors or assigns under the related Trust Agreement) for so long as the Issuer such Liberty Trust (or its permitted successor or assignee) is the registered holder of the Outstanding Securitiesany Securities of such series, such additional sums amounts as may be necessary in order that the amount of Distributions distributions (including any Additional Amount Amounts (as defined in the Trust Agreement)) then due and payable by the Issuer such Liberty Trust on the related Preferred Securities and Common Securities that at any time remain outstanding in accordance with the terms thereof shall not be reduced as a result of such any Additional Taxes (the "Additional Sums"). Whenever in this Indenture or the Securities there is a reference in any context to the payment of principal of or interest on the Securities, such mention shall be deemed to include mention of the payments of the Additional Sums provided for in this paragraph to the extent that, in such context, Additional Sums are, were or would be payable in respect thereof pursuant to the provisions of this paragraph and express mention of the payment of Additional Sums (if applicable) in any provisions hereof shall not be construed as excluding Additional Sums in those provisions hereof where such express mention is not made; , provided, however, that the deferral extension of the an interest payment of interest period pursuant to Section 3.12 3.11 or the Securities shall not defer extend the payment of any Additional Sums that may be due and payablepayable during such interest payment period.
Appears in 1 contract
Sources: Junior Subordinated Indenture (Liberty Financial Capital Trust Ii)
Additional Sums. So In the case of the Securities of a series issued to a SVB Trust, so long as no Event of Default has occurred and is continuing and except as otherwise specified as contemplated by Section 2.1 or Section 3.1, if: in the event that (ai) the Issuer such SVB Trust is the Holder of all of the Outstanding SecuritiesSecurities of such series, and (bii) a Tax Event described in clause respect of such SVB Trust shall have occurred and be continuing and (aiii) the Company shall not have (A) redeemed the Securities of such series pursuant to Section 11.7 or (cB) terminated such SVB Trust pursuant to Section 9.2(b) of the definition of "Tax Event" in Section 1.1 hereof has occurred and is continuing in respect of the Issuer Trustrelated Trust Agreement, the Company shall pay the Issuer to such SVB Trust (and its permitted successors or assigns under the related Trust Agreement) for so long as the Issuer such SVB Trust (or its permitted successor or assignee) is the registered holder of the Outstanding Securitiesany Securities of such series, such additional sums amounts as may be necessary in order that the amount of Distributions (including any Additional Amount Amounts (as defined in the such Trust Agreement)) then due and payable by the Issuer such SVB Trust on the related Preferred Securities and Common Securities that at any time remain outstanding in accordance with the terms thereof shall not be reduced as a result of such any Additional Taxes (the "Additional SumsADDITIONAL SUMS"). Whenever in this Indenture or the Securities there is a reference in any context to the payment of principal of or interest on the Securities, such mention shall be deemed to include mention of the payments of the Additional Sums provided for in this paragraph to the extent that, in such context, Additional Sums are, were or would be payable in respect thereof pursuant to the provisions of this paragraph and express mention of the payment of Additional Sums (if applicable) in any provisions hereof shall not be construed as excluding Additional Sums in those provisions hereof where such express mention is not made; providedPROVIDED, howeverHOWEVER, that the deferral of the payment of interest pursuant to Section 3.12 3.11 or the Securities shall not defer the payment of any Additional Sums that may be due and payable.
Appears in 1 contract
Additional Sums. So long as no Event of Default has occurred and is continuing and except as otherwise specified as contemplated by Section 2.1 or Section 3.1, if: In the event that (a) the Issuer Trust Property Trustee is the Holder of all of the Outstanding SecuritiesDebentures, and (b) a Tax Event described in clause (a) or (c) of the definition of "Tax Event" in Section 1.1 hereof has occurred and is continuing in respect of the Issuer TrustTrust shall have occurred and be continuing and (c) the Company shall not have (i) redeemed the Debentures pursuant to Section 11.7 or 11.8 or (ii) dissolved the Trust pursuant to Section 9.2(b) of the Trust Agreement, the Company shall pay to the Issuer Trust (and its permitted successors or assigns under the Trust Agreement) for so long as the Issuer Trust (or its permitted successor or assignee) is the registered holder Holder of the Outstanding SecuritiesDebentures, such additional sums amounts as may be necessary in order that the amount of Distributions distributions (including any Additional Amount Amounts (as defined in the Trust Agreement)) then due and payable by the Issuer Trust on the Preferred Securities and Common Securities that at any time remain outstanding in accordance accord with the terms thereof shall not be reduced as a result of such any Additional Taxes (the "Additional Sums"). Whenever in this Indenture or the Securities Debentures there is a reference in any -58- 66 context to the payment of principal of (or premium, if any) or interest on the SecuritiesDebentures, such mention shall be deemed to include mention of the payments of the Additional Sums provided for in this paragraph to the extent that, in such context, Additional Sums are, were or would be payable in respect thereof pursuant to the provisions of this paragraph and express mention of the payment of Additional Sums (if applicable) in any provisions hereof shall not be construed as excluding Additional Sums in those provisions hereof where such express mention is not made; , provided, however, that the deferral extension of the an interest payment of interest period pursuant to Section 3.12 or 3.11 of the Securities Debentures shall not defer extend the payment of any Additional Sums that may be due and payablepayable during such interest payment period.
Appears in 1 contract
Sources: Junior Convertible Subordinated Indenture (Newfield Financial Trust Ii)
Additional Sums. So long as no Event of Default has occurred and is continuing and except as otherwise specified as contemplated by Section 2.1 or Section 3.1, if: In the event that (a) the Issuer Trust Property Trustee is the Holder of all of the Outstanding SecuritiesDebentures, and (b) a Tax Event described in clause (a) or (c) of the definition of "Tax Event" in Section 1.1 hereof has occurred and is continuing in respect of the Issuer TrustTrust shall have occurred and be continuing and (c) the Company shall not have (i) redeemed the Debentures pursuant to Section 11.7 or 11.8 or (ii) dissolved the Trust pursuant to Section 9.2(b) of the Trust Agreement, the Company shall pay to the Issuer Trust (and its permitted successors or assigns under the Trust Agreement) for so long as the Issuer Trust (or its permitted successor or assignee) is the registered holder Holder of the Outstanding SecuritiesDebentures, such additional sums amounts as may be necessary in order that the amount of Distributions distributions (including any Additional Amount Amounts (as defined in the Trust Agreement)) then due and payable by the Issuer Trust on the Preferred Securities and Common Securities that at any time remain outstanding in accordance accord with the terms thereof shall not be reduced as a result of such any Additional Taxes (the "Additional Sums"). Whenever in this Indenture or the Securities Debentures there is a reference in any context to the payment of principal of (or premium, if any) or interest on the SecuritiesDebentures, such mention shall be deemed to include mention of the payments of the Additional Sums provided for in this paragraph to the extent that, in such context, Additional Sums are, were or would be payable in respect thereof pursuant to the provisions of this paragraph and express mention of the payment of Additional Sums (if applicable) in any provisions hereof shall not be construed as excluding Additional Sums in those provisions hereof where such express mention is not made; , provided, however, that the deferral extension of the an interest payment of interest period pursuant to Section 3.12 3.11 or the Securities Debentures shall not defer extend the payment of any Additional Sums that may be due and payablepayable during such interest payment period.
Appears in 1 contract
Sources: Junior Convertible Subordinated Indenture (Newell Financial Trust I)
Additional Sums. So long as no Event In the case of Default has occurred and is continuing and Securities of a series issued to a QCH Capital Trust, except as otherwise specified as contemplated by Section 2.1 or Section 3.1, if: in the event that (ai) the Issuer such QCH Capital Trust is the Holder of all of the Outstanding SecuritiesSecurities of such series, and (bii) a Tax Event described in clause (a) or (c) of the definition of "Tax Event" in Section 1.1 hereof has occurred and is continuing in respect of such QCH Capital Trust shall have occurred and be continuing and (iii) the Issuer TrustCompany shall not have (i) redeemed the Securities of such series pursuant to Section 15.4 or (ii) terminated such QCH Capital Trust pursuant to Article VIII of the related Trust Agreement, the Company shall pay the Issuer to such QCH Capital Trust (and its permitted successors or assigns under the related Trust Agreement) ), for so long as the Issuer such QCH Capital Trust (or its permitted successor or assignee) is the registered holder of the Outstanding Securitiesany Securities of such series, such additional sums amounts as may be necessary in order that the amount of Distributions (including any Additional Amount (as defined in the Trust Agreement)) then due and payable by the Issuer such QCH Capital Trust on the related Preferred Securities and Common Securities that at any time remain outstanding in accordance with the terms thereof shall not be reduced as a result of such any Additional Taxes (the "Additional Sums"). Whenever in this Indenture or the Securities there is a reference mentioned, in any context to context, the payment of the principal of or any premium or interest on, or in respect of, any Security of any series or any Coupon or the net proceeds received on the Securitiessale or exchange of any Security of any series, such mention shall be deemed to include mention of the payments payment of the Additional Sums provided for in this paragraph by the terms of such series established hereby or pursuant hereto to the extent that, in such context, Additional Sums are, were or would be payable in respect thereof pursuant to the provisions of this paragraph such terms, and express mention of the payment of Additional Sums (if applicable) in any provisions provision hereof shall not be construed as excluding Additional Sums in those provisions hereof where such express mention is not made; , provided, however, that the deferral extension of the an interest payment of interest period pursuant to Section 3.12 3.13 or the terms of the applicable Securities shall not defer extend the payment of any Additional Sums that may be due and payablepayable during such interest payment period.
Appears in 1 contract
Sources: Junior Subordinated Indenture (Quanta Capital Holdings LTD)
Additional Sums. So In the case of the Securities of a series issued to an ASBC Trust, so long as no Event of Default has occurred and is continuing and except as otherwise specified as contemplated by Section 2.1 or Section 3.1, if: in the event that (a) the Issuer such ASBC Trust is the Holder of all of the Outstanding SecuritiesSecurities of such series, and (b) a Tax Event described in clause respect of such ASBC Trust shall have occurred and be continuing and (ac) the Company shall not have (i) redeemed the Securities of such series pursuant to Section 11.7(b) or (cii) terminated such ASBC Trust pursuant to Section 9.2(b) of the definition of "Tax Event" in Section 1.1 hereof has occurred and is continuing in respect of the Issuer Trustrelated Trust Agreement, the Company shall pay the Issuer to such ASBC Trust (and its permitted successors or assigns under the related Trust Agreement) for so long as the Issuer such ASBC Trust (or its permitted successor or assignee) is the registered holder of the Outstanding Securitiesany Securities of such series, such additional sums amounts as may be necessary in order that the amount of Distributions (including any Additional Amount Amounts (as defined in the such Trust Agreement)) then due and payable by the Issuer such ASBC Trust on the Preferred related Capital Securities and Common Securities that at any time remain outstanding in accordance with the terms thereof shall not be reduced as a result of such any Additional Taxes (the "“Additional Sums"”). Whenever in this Indenture or the Securities there is a reference in any context to the payment of principal of or interest on the Securities, such mention shall be deemed to include mention of the payments of the Additional Sums provided for in this paragraph to the extent that, in such context, Additional Sums are, were or would be payable in respect thereof pursuant to the provisions of this paragraph and express mention of the payment of Additional Sums (if applicable) in any provisions hereof shall not be construed as excluding Additional Sums in those provisions hereof where such express mention is not made; provided, however, that the deferral of the payment of interest pursuant to Section 3.12 3.11 or the Securities shall not defer the payment of any Additional Sums that may be due and payable.
Appears in 1 contract
Additional Sums. So In the case of the Securities of a series issued to a Providian Trust, so long as no Event of Default has occurred and is continuing and except as otherwise specified as contemplated by Section 2.1 or Section 3.1, if: in the event that (ai) the Issuer a Providian Trust is the Holder of all of the Outstanding Securities, Securities of such series and (bii) a Tax Event described in clause (a) or (c) of the definition of "Tax Event" in Section 1.1 hereof has occurred and is continuing in respect of the Issuer Trustsuch Providian Trust shall have occurred and be continuing, the Company shall pay the Issuer to such Providian Trust (and its permitted successors or assigns under the related Trust Agreement) as Holder of the Securities of such series for so long as the Issuer such Providian Trust (or its permitted successor or assignee) is the registered holder of the Outstanding Securitiesany Securities of such series, such additional sums as may be necessary in order that the amount of Distributions (including any Additional Amount Amounts (as defined in the such Trust Agreement)) then due and payable paid by the Issuer such Providian Trust on the Preferred related Capital Securities and Common Securities that at any time remain outstanding in accordance with the terms thereof shall not be reduced as a result of such any Additional Taxes (the "Additional Sums"). Whenever in this Indenture or the Securities there is a reference in any context to the payment of principal of or interest on the Securities, such mention shall be deemed to include mention of the payments of the Additional Sums provided for in this paragraph to the extent that, in such context, Additional Sums are, were or would be payable in respect thereof pursuant to the provisions of this paragraph and express mention of the payment of Additional Sums (if applicable) in any provisions hereof shall not be construed as excluding Additional Sums in those provisions hereof where such express mention is not made; provided, however, that the deferral of the payment of interest pursuant to Section 3.12 or the Securities shall not defer the payment of any Additional Sums that may be due and payable.
Appears in 1 contract
Sources: Junior Subordinated Indenture (Providian Financial Corp)
Additional Sums. So long as no Event In the case of Default has occurred and is continuing the Securities of a series issued to a Trust, and except as otherwise specified as contemplated by Section 2.1 or Section 3.1, if: in the event that (ai) the Issuer a Trust is the Holder of all of the Outstanding SecuritiesSecurities of such series, and (bii) a Tax Event described in clause respect of such Trust shall have occurred and be continuing and (aiii) the Company shall not have (A) redeemed the Securities of such series pursuant to Section 11.7(b) or (cB) terminated such Trust pursuant to Section 9.2(b) of the definition related Declaration of "Tax Event" in Section 1.1 hereof has occurred and is continuing in respect of the Issuer Trust, the Company shall pay the Issuer to such Trust (and its permitted successors or assigns under the Trust Agreementrelated Declaration of Trust) for so long as the Issuer such Trust (or its permitted successor or assignee) is the registered holder of the Outstanding Securitiesany Securities of such series, such additional sums amounts as may be necessary in order that the amount of Distributions (including any Additional Amount Amounts (as defined in the Trust Agreementsuch Declaration of Trust)) then due and payable by the Issuer such Trust on the related Preferred Securities and Common Securities that at any time remain outstanding in accordance with the terms thereof shall not be reduced as a result of such any Additional Taxes (the "Additional Sums"). Whenever in this Indenture or the Securities there is a reference in any context to the payment of principal of or interest on the Securities, such mention shall be deemed to include mention of the payments of the Additional Sums provided for in this paragraph to the extent that, in such context, Additional Sums are, were or would be payable in respect thereof pursuant to the provisions of this paragraph and express mention of the payment of Additional Sums (if applicable) in any provisions hereof shall not be construed as excluding Additional Sums in those provisions hereof where such express mention is not made; provided, however, that the deferral of the payment of interest pursuant to Section 3.12 or the Securities shall not defer the payment of any Additional Sums that may be due and payable.
Appears in 1 contract
Sources: Junior Subordinated Indenture (Wachovia Capital Trust Iv)
Additional Sums. So In the case of the Securities of a series issued to a ▇▇▇▇▇▇ Trust, so long as no Event of Default has occurred and is continuing and continuing, except as otherwise specified as contemplated by Section 2.1 or Section 3.1, if: in the event that (ai) the Issuer such ▇▇▇▇▇▇ Trust is the Holder of all of the Outstanding SecuritiesSecurities of such series, and (bii) a Tax Event described in clause respect of such ▇▇▇▇▇▇ Trust shall have occurred and be continuing, and (aiii) the Company shall not have (A) redeemed the Securities of such series pursuant to Section 11.7 or (cB) terminated such DFC Trust pursuant to Section 9.2(b) of the definition of "Tax Event" in Section 1.1 hereof has occurred and is continuing in respect of the Issuer Trustrelated Trust Agreement, the Company shall pay the Issuer to such ▇▇▇▇▇▇ Trust (and its permitted successors or assigns under the related Trust Agreement) for so long as the Issuer such ▇▇▇▇▇▇ Trust (or its permitted successor or assignee) is the registered holder of the Outstanding Securitiesany Securities of such series, such additional sums amounts as may be necessary in order that the amount of Distributions (including any Additional Amount Amounts (as defined in the such Trust Agreement)) then due and paid or payable by the Issuer such ▇▇▇▇▇▇ Trust on the Preferred related Capital Securities and Common Securities that at any time remain outstanding in accordance with the terms thereof shall not be reduced as a result of such any Additional Taxes (the "Additional Sums"). Whenever in this Indenture or the Securities there is a reference in any context to the payment of principal of or interest on the Securities, such mention shall be deemed to include mention of the payments of the Additional Sums provided for in this paragraph to the extent that, in such context, Additional Sums are, were or would be payable in respect thereof pursuant to the provisions of this paragraph and express mention of the payment of Additional Sums (if applicable) in any provisions hereof shall not be construed as excluding Additional Sums in those provisions hereof where such express mention is not made; provided, however, that the deferral of the payment of interest pursuant to Section 3.12 3.11 or the Securities shall not defer the payment of any Additional Sums that may be due and payable.
Appears in 1 contract
Sources: Junior Subordinated Indenture (Downey Financial Capital Trust I)
Additional Sums. So long as no Event of Default has occurred and is continuing and except as otherwise specified as contemplated by Section 2.1 or Section 3.1, if: In the event that (a) the Issuer Trust Property Trustee is the Holder of all of the Outstanding SecuritiesDebentures, and (b) a Tax Event described in clause (a) or (c) of the definition of "Tax Event" in Section 1.1 hereof has occurred and is continuing in respect of the Issuer TrustTrust shall have occurred and be continuing and (c) the Company shall not have (i) redeemed the Debentures pursuant to Section 11.7 or 11.8 or (ii) dissolved the Trust pursuant to Section 9.2(b) of the Declaration, the Company shall pay to the Issuer Trust (and its permitted successors or assigns under the Trust AgreementDeclaration) for so long as the Issuer Trust (or its permitted successor or assignee) is the registered holder Holder of the Outstanding SecuritiesDebentures, such additional sums amounts as may be necessary in order that the amount of Distributions distributions (including any Additional Amount Amounts (as defined in the Trust AgreementDeclaration)) then due and payable by the Issuer Trust on the Preferred Securities and Common Securities that at any time remain outstanding in accordance accord with the terms thereof shall not be reduced as a result of such any Additional Taxes (the "Additional SumsADDITIONAL SUMS"). Whenever in this Subordinated Indenture or the Securities Debentures there is a reference in any context to the payment of principal of (or premium, if any) or interest on the SecuritiesDebentures, such mention shall be deemed to include mention of the payments of the Additional Sums provided for in this paragraph to the extent that, in such context, Additional Sums are, were or would be payable in respect thereof pursuant to the provisions of this paragraph and express mention of the payment of Additional Sums (if applicable) in any provisions hereof shall not be construed as excluding Additional Sums in those provisions hereof where such express mention is not made; provided, howeverPROVIDED, HOWEVER, that the deferral extension of the an interest payment of interest period pursuant to Section 3.12 3.11 or the Securities Debentures shall not defer extend the payment of any Additional Sums that may be due and payablepayable during such interest payment period.
Appears in 1 contract
Sources: Junior Convertible Subordinated Indenture (Tower Automotive Inc)
Additional Sums. So In the case of the Subordinated Debentures, so long as no Event of Default has occurred and is continuing and except as otherwise specified as contemplated by Section 2.1 or Section 3.1continuing, if: in the event that (a1) the Issuer Trust is the Holder of all of the Outstanding Securities, Subordinated Debentures and (b2) a Tax Event described in clause (a) or (c) of the definition of "Tax Event" in Section 1.1 hereof has shall have occurred and is continuing in respect of the Issuer Trustbe continuing, the Company shall pay to the Issuer Trust (and its permitted successors or assigns under as Holder of the Trust Agreement) Subordinated Debentures for so long as the Issuer Trust (or its permitted successor or assignee) is the registered holder Holder of the Outstanding Securitiesany Subordinated Debentures, such additional sums as may be necessary in order that the amount of Distributions (including any Other Amounts and Additional Amount (as defined in the Trust Agreement)Amounts) then due and payable paid by the Issuer Trust on the Preferred Capital Securities and Common Securities that at any time remain outstanding Outstanding in accordance with the terms thereof shall not be reduced as a result of such any Additional Taxes (the "Additional Sums"). Whenever in this the Indenture or the Securities Subordinated Debentures there is a reference in any context to the payment of principal of or interest on the SecuritiesSubordinated Debentures, such mention shall be deemed to include mention of the payments of the Additional Sums provided for in this paragraph to the extent that, in such context, Additional Sums are, were or would be payable in respect thereof pursuant to the provisions of this paragraph and express mention of the payment of Additional Sums (if applicable) in any provisions hereof shall not be construed as excluding Additional Sums in those provisions hereof where such express mention is not made; provided, however, that the deferral of the payment of interest pursuant to Section 3.12 2.3 or the Securities Subordinated Debentures shall not defer the payment of any Additional Sums that may be due and payable.
Appears in 1 contract
Additional Sums. So long as no Event In the case of Default has occurred and is continuing and the Securities of a series issued to an NVP Trust, except as otherwise specified as contemplated by Section 2.1 or Section 3.1301, if: in the event that (ai) the Issuer an NVP Trust is the Holder of all of the Outstanding SecuritiesSecurities of such series, and (bii) a Tax Event described in clause respect of such NVP Trust shall have occurred and be continuing and (aiii) the Company shall not have (x) redeemed the Securities of such series pursuant to Section 1107(b) or (cy) terminated such NVP Trust pursuant to Section 902(b) of the definition of "Tax Event" in Section 1.1 hereof has occurred and is continuing in respect of the Issuer Trustrelated Trust Agreement, the Company shall pay the Issuer to such NVP Trust (and its permitted successors or assigns under the related Trust Agreement) for so long as the Issuer such NVP Trust (or its permitted successor or assignee) is the registered holder of the Outstanding Securitiesany Securities of such series, such additional sums amounts as may be necessary in order that the amount of Distributions distributions (including any Additional Amount Amounts (as defined in the Trust Agreement)) then due and payable by the Issuer such NVP Trust on the related Preferred Securities and Common Securities that at any time remain outstanding in accordance with the terms thereof shall not be reduced as a result of such any Additional Taxes (the "Additional Sums"). Whenever in this Indenture or the Securities there is a reference in any context to the payment of principal of or interest on the Securities, such mention shall be deemed to include mention of the payments of the Additional Sums provided for in this paragraph to the extent that, in such context, Additional Sums are, were or would be payable in respect thereof pursuant to the provisions of this paragraph and express mention of the payment of Additional Sums (if applicable) in any provisions hereof shall not be construed as excluding Additional Sums in those provisions hereof where such express mention is not made; , provided, however, that the deferral extension of the an interest payment of interest period pursuant to Section 3.12 311 or the Securities shall not defer extend the payment of any Additional Sums that may be due and payablepayable during such interest payment period.
Appears in 1 contract
Additional Sums. So long as no Event of Default has occurred and is continuing and except as otherwise specified as contemplated by Section 2.1 or Section 3.1, if: In the event that (a) the Issuer Trust Property Trustee is the Holder of all of the Outstanding SecuritiesDebentures, and (b) a Tax Event described in clause (a) or (c) of the definition of "Tax Event" in Section 1.1 hereof has occurred and is continuing in respect of the Issuer TrustTrust shall have occurred and be continuing and (c) the Company shall not have (i) redeemed the Debentures pursuant to Section 11.7 or 11.8 or (ii) terminated the Trust pursuant to Section 9.2(b) of the Trust Agreement, the Company shall pay to the Issuer Trust (and its permitted successors or assigns under the Trust Agreement) for so long as the Issuer Trust (or its permitted successor or assignee) is the registered holder of the Outstanding SecuritiesDebentures, such additional sums amounts as may be necessary in order that the amount of Distributions distributions (including any Additional Amount Amounts (as defined in the Trust Agreement)) then due and payable by the Issuer Trust on the Preferred Securities and Common Securities that at any time remain outstanding in accordance accord with the terms thereof shall not be reduced as a result of such any Additional Taxes (the "Additional Sums"). Whenever in this Indenture or the Securities Debentures there is a reference in any context to the payment of principal of or interest on the SecuritiesDebentures, such mention shall be deemed to include mention of the payments of the Additional Sums provided for in this paragraph to the extent that, in such context, Additional Sums are, were or would be payable in respect thereof pursuant to the provisions of this paragraph and express mention of the payment of Additional Sums (if applicable) in any provisions hereof shall not be construed as excluding Additional Sums in those provisions hereof where such express mention is not made; , provided, however, that the deferral extension of the an -------- ------- interest payment of interest period pursuant to Section 3.12 3.11 or the Securities Debentures shall not defer extend the payment of any Additional Sums that may be due and payablepayable during such interest payment period.
Appears in 1 contract
Sources: Indenture (United Rentals Inc /De)
Additional Sums. So In the case of the Securities of a series initially issued to an Issuer Trust, so long as no Event of Default has occurred and is continuing and except as otherwise specified as contemplated by Section 2.1 or Section 3.1, if: if (ai) the an Issuer Trust is the Holder of all of the Outstanding SecuritiesSecurities of such series, and (bii) a Tax Event described in clause (a) or (c) of the definition of "Tax Event" in Section 1.1 hereof has occurred and is continuing in respect of the such Issuer Trust, the Company shall pay the to such Issuer Trust (and its permitted successors or assigns under the related Trust Agreement) for so long as the such Issuer Trust (or its permitted successor or assignee) is the registered holder of the Outstanding SecuritiesSecurities of such series, such additional sums as may be necessary in order that the amount of Distributions (including any Additional Amount Amounts (as defined in the such Trust Agreement)) then due and payable by the such Issuer Trust on the Preferred related Capital Securities and Common Securities that at any time remain outstanding in accordance with the terms thereof shall not be reduced as a result of such Additional Taxes (the "Additional SumsADDITIONAL SUMS"). Whenever in this Indenture or the Securities there is a reference in any context to the payment of principal of or interest on the Securities, such mention shall be deemed to include mention of the payments of the Additional Sums provided for in this paragraph to the extent that, in such context, Additional Sums are, were or would be payable in respect thereof pursuant to the provisions of this paragraph and express mention of the payment of Additional Sums (if applicable) in any provisions hereof shall not be construed as excluding Additional Sums in those provisions hereof where such express mention is not made; providedPROVIDED, howeverHOWEVER, that the deferral of the payment of interest pursuant to Section 3.12 or on the Securities shall not defer the payment of any Additional Sums that may be due and payable.
Appears in 1 contract
Sources: Junior Subordinated Indenture (United Community Capital Trust)
Additional Sums. So In the case of the Securities of a series issued to an ASBC Trust, so long as no Event of Default has occurred and is continuing and except as otherwise specified as contemplated by Section 2.1 or Section 3.1, if: in the event that (a) the Issuer such ASBC Trust is the Holder of all of the Outstanding SecuritiesSecurities of such series, and (b) a Tax Event described in clause respect of such ASBC Trust shall have occurred and be continuing and (ac) the Company shall not have (i) redeemed the Securities of such series pursuant to Section 11.7(b) or (cii) terminated such ASBC Trust pursuant to Section 9.2(b) of the definition of "Tax Event" in Section 1.1 hereof has occurred and is continuing in respect of the Issuer Trustrelated Trust Agreement, the Company shall pay the Issuer to such ASBC Trust (and its permitted successors or assigns under the related Trust Agreement) for so long as the Issuer such ASBC Trust (or its permitted successor or assignee) is the registered holder of the Outstanding Securitiesany Securities of such series, such additional sums amounts as may be necessary in order that the amount of Distributions (including any Additional Amount Amounts (as defined in the such Trust Agreement)) then due and payable by the Issuer such ASBC Trust on the Preferred related Capital Securities and Common Securities that at any time remain outstanding in accordance with the terms thereof shall not be reduced as a result of such any Additional Taxes (the "Additional Sums"). Whenever in this Indenture or the Securities there is a reference in any context to the payment of principal of or interest on the Securities, such mention shall be deemed to include mention of the payments of the Additional Sums provided for in this paragraph to the extent that, in such context, Additional Sums are, were or would be payable in respect thereof pursuant to the provisions of this paragraph and express mention of the payment of Additional Sums (if applicable) in any provisions hereof shall not be construed as excluding Additional Sums in those provisions hereof where such express mention is not made; provided, however, that the deferral of the payment of interest pursuant to Section 3.12 3.11 or the Securities shall not defer the payment of any Additional Sums that may be due and payable.
Appears in 1 contract
Sources: Junior Subordinated Indenture (Associated Banc-Corp)
Additional Sums. So In the case of the Securities of a series issued to a Provident Trust, so long as no Event of Default has occurred and is continuing and except as otherwise specified as contemplated by Section 2.1 201 or Section 3.1301, if: in the event that (ai) the Issuer a Provident Trust is the Holder of all of the Outstanding Securities, Securities of such series and (bii) a Tax Event described in clause (a) or (c) of the definition of "Tax Event" in Section 1.1 hereof has occurred and is continuing in respect of the Issuer Trustsuch Provident Trust shall have occurred and be continuing, the Company shall pay the Issuer to such Provident Trust (and its permitted successors or assigns under the Trust AgreementAgreement under which such Provident Trust is created) as Holder of the Securities of such series for so long as the Issuer such Provident Trust (or its permitted successor or assignee) is the registered holder of the Outstanding Securitiesany Securities of such series, such additional sums as may be necessary in order that the amount of Distributions (including any Additional Amount Amounts (as defined in the such Trust Agreement)) then due and payable by the Issuer such Provident Trust on the related Preferred Securities and Common Securities that at any time remain outstanding in accordance with the terms thereof shall not be reduced as a result of such any Additional Taxes (the "Additional Sums"). Whenever in this Indenture or the Securities there is a reference in any context to the payment of principal of or interest on the Securities, such mention shall be deemed to include mention of the payments of the Additional Sums provided for in this paragraph to the extent that, in such context, Additional Sums are, were or would be payable in respect thereof pursuant to the provisions of this paragraph and express mention of the payment of Additional Sums (if applicable) in any provisions hereof shall not be construed as excluding Additional Sums in those provisions hereof where such express mention is not made; provided, however, that the deferral of the payment of interest pursuant to Section 3.12 311 or the Securities shall not defer the payment of any Additional Sums that may be due and payable.
Appears in 1 contract
Additional Sums. So long as no Event During the continuance of Default has occurred and is continuing and except as otherwise specified as contemplated by Section 2.1 or Section 3.1, if: (a) the Issuer Trust is the Holder of all of the Outstanding Securities, and (b) a Tax Event described in clause (a) Event, if the Corporation has not elected to redeem the Series A Securities pursuant to Section 2.8 hereof or (cterminate EIX Trust I pursuant to Section 9.2(b) of the definition of "Tax Event" in Section 1.1 hereof has occurred and is continuing in respect of the Issuer TrustTrust Agreement, the Company Corporation shall pay the Issuer to EIX Trust I (and its permitted successors or assigns under the Trust Agreement) for so long as the Issuer EIX Trust I (or its permitted successor or assignee) is the registered holder of the Outstanding Series A Securities, such additional sums amounts as may be necessary in order that the amount of Distributions (including any Additional Amount Amounts (as defined in the Trust Agreement)) then due and payable by the Issuer EIX Trust I on the Preferred Securities and the Common Securities that at any time remain outstanding in accordance with the terms thereof shall not be reduced as a result of such any Additional Taxes (the "Additional Sums"). Whenever in the Subordinated Indenture, the Series A Securities or this Supplemental Indenture or the Securities No. 1 there is a reference in any context to the payment of principal of of, premium, if any, or interest on the Series A Securities, such mention shall be deemed to include mention of the payments of the Additional Sums provided for in this paragraph Section 2.9 to the extent that, in such context, Additional Sums are, were or would be payable in respect thereof pursuant to the provisions of this paragraph Section 2.9 and express mention of the payment of Additional Sums (if applicable) in any provisions hereof shall not be construed as excluding Additional Sums in those provisions hereof where such express mention is not made; provided, however, that the deferral of the payment of interest pursuant to Section 3.12 2.6 hereof or the Series A Securities shall not defer the payment of any Additional Sums that may be due and payable.
Appears in 1 contract
Additional Sums. So In the case of the Securities of a series initially issued to an Issuer Trust, so long as no Event of Default has occurred and is continuing and except as otherwise specified as contemplated by Section 2.1 or Section 3.1, if: if (ai) the an Issuer Trust is the Holder of all of the Outstanding Securities, Securities of such series and (bii) a Tax Event described in clause (a) or (c) of the definition of "Tax Event" in Section 1.1 hereof has occurred and is continuing in respect of the such Issuer Trust, the Company Corporation shall pay the to such Issuer Trust (and its permitted successors or assigns under the related Trust Agreement) for so long as the such Issuer Trust (or its permitted successor or assignee) is the registered holder of the Outstanding SecuritiesSecurities of such series, such additional sums as may be necessary in order that the amount of Distributions (including any Additional Amount Amounts (as defined in the such Trust Agreement)) then due and payable by the such Issuer Trust on the related Trust Preferred Securities and Trust Common Securities that at any time remain outstanding in accordance with the terms thereof shall not be reduced as a result of such any Additional Taxes arising from such Tax Event (the "Additional Sums"). Whenever in this Indenture or the Securities there is a reference in any context to the payment of principal of or interest on the Securities, such mention shall be deemed to include mention of the payments of the Additional Sums provided for in this paragraph to the extent that, in such context, Additional Sums are, were or would be payable in respect thereof pursuant to the provisions of this paragraph and express mention of the payment of Additional Sums (if applicable) in any provisions hereof shall not be construed as excluding Additional Sums in those provisions hereof where such express mention is not made; provided, however, that the deferral of the payment of interest pursuant to Section 3.12 or the Securities shall not defer the payment of any Additional Sums that may be due and payable.
Appears in 1 contract
Sources: Junior Subordinated Indenture (Sea Pines Associates Inc)
Additional Sums. So In the case of the Debt Securities of a series initially issued to an Issuer Trust, so long as no Event of Default has occurred and is continuing and except as otherwise specified as contemplated by Section 2.1 or Section 3.1301, if: if (ai) the an Issuer Trust is the Holder of all of the Outstanding SecuritiesDebt Securities of such series, and (bii) a Tax Event described in clause (a) or (c) of the definition of "Tax Event" in Section 1.1 hereof has occurred and is continuing in respect of the such Issuer Trust, the Company or the Guarantor, as the case may be, shall pay the to such Issuer Trust (and its permitted successors or assigns under the related Trust Agreement) for so long as the such Issuer Trust (or its permitted successor or assignee) is the registered holder of the Outstanding SecuritiesDebt Securities of such series, such additional sums as may be necessary in order that the amount of Distributions (including any Additional Amount Amounts (as defined in the such Trust Agreement)) then due and payable by the such Issuer Trust on the Preferred related Capital Trust Securities and Common Trust Securities that at any time remain outstanding in accordance with the terms thereof shall not be reduced as a result of such any Additional Taxes arising from such Tax Event; provided, however, that Additional Sums shall not include any withholding taxes arising after the occurrence of a Tax Event and which have been withheld from payments to Holders of Trust Securities and for which Holders are liable (the "“Additional Sums"”). Whenever in this Indenture or the Debt Securities there is a reference in any context to the payment of principal of or interest on the Debt Securities, such mention shall be deemed to include mention of the payments of the Additional Sums provided for in this paragraph to the extent that, in such context, Additional Sums are, were or would be payable in respect thereof pursuant to the provisions of this paragraph and express mention of the payment of Additional Sums (if applicable) in any provisions hereof shall not be construed as excluding Additional Sums in those provisions hereof where such express mention is not made; provided, however, that the deferral of the payment of interest pursuant to Section 3.12 313 or the Debt Securities shall not defer the payment of any Additional Sums that may be due and payable.
Appears in 1 contract
Sources: Indenture (M&i Capital Trust C)
Additional Sums. So long as no Event In the case of Default has occurred and is continuing and the Securities of a series issued to a Sierra Pacific Trust, except as otherwise specified as contemplated by Section 2.1 or Section 3.1, if: in the event that (ai) the Issuer a Sierra Pacific Trust is the Holder of all of the Outstanding SecuritiesSecurities of such series, (ii) a Trust Tax Event in respect of such Sierra Pacific Trust shall have occurred and be continuing and (biii) a Tax Event described in clause the Company shall not have (ai) redeemed the Securities of such series pursuant to Section 11.7(b) or (cii) terminated such Sierra Pacific Trust pursuant to Section 9.2(b) of the definition of "Tax Event" in Section 1.1 hereof has occurred and is continuing in respect of the Issuer Trustrelated Trust Agreement, the Company shall pay the Issuer to such Sierra Pacific Trust (and its permitted successors or assigns under the related Trust Agreement) for so long as the Issuer such Sierra Pacific Trust (or its permitted successor or assignee) is the registered holder of the Outstanding Securitiesany Securities of such series, such additional sums amounts as may be necessary in order that the amount of Distributions distributions (including any Additional Amount Amounts (as defined in the Trust Agreement)) then due and payable by the Issuer such Sierra Pacific Trust on the related Preferred Securities and Common Securities that at any time remain outstanding in accordance with the terms thereof shall not be reduced as a result of such any Additional Taxes (the "Additional Sums"). Whenever in this Indenture or the Securities there is a reference in any context to the payment of principal of or interest on the Securities, such mention shall be deemed to include mention of the payments of the Additional Sums provided for in this paragraph to the extent that, in such context, Additional Sums are, were or would be payable in respect thereof pursuant to the provisions of this paragraph and express mention of the payment of Additional Sums (if applicable) in any provisions hereof shall not be construed as excluding Additional Sums in those provisions hereof where such express mention is not made; , provided, however, that the deferral extension of the an interest payment of interest period pursuant to Section 3.12 3.11 or the Securities shall not defer extend the payment of any Additional Sums that may be due and payablepayable during such interest payment period.
Appears in 1 contract
Sources: Junior Subordinated Indenture (Sierra Pacific Resources Capital Trust Ii)
Additional Sums. So In the case of the Securities of a series issued to a ▇▇▇▇▇▇▇▇▇▇ Industries Trust, so long as no Event of Default has occurred and is continuing and except as otherwise specified as contemplated by Section 2.1 or Section 3.1, if: in the event that (ai) the Issuer such ▇▇▇▇▇▇▇▇▇▇ Industries Trust is the Holder of all of the Outstanding SecuritiesSecurities of such series, and (bii) a Tax Event described in clause respect of such ▇▇▇▇▇▇▇▇▇▇ Industries Trust shall have occurred and be continuing and (aiii) the Company shall not have (A) redeemed the Securities of such series pursuant to Section 11.7 or (cB) terminated such ▇▇▇▇▇▇▇▇▇▇ Industries Trust pursuant to Section 9.2(b) of the definition of "Tax Event" in Section 1.1 hereof has occurred and is continuing in respect of the Issuer Trustrelated Trust Agreement, the Company shall pay the Issuer to such ▇▇▇▇▇▇▇▇▇▇ Industries Trust (and its permitted successors or assigns under the related Trust Agreement) for so long as the Issuer such ▇▇▇▇▇▇▇▇▇▇ Industries Trust (or its permitted successor or assignee) is the registered holder of the Outstanding Securitiesany Securities of such series, such additional sums amounts as may be necessary in order that the amount of Distributions (including any Additional Amount Amounts (as defined in the such Trust Agreement)) then due and payable by the Issuer such ▇▇▇▇▇▇▇▇▇▇ Industries Trust on the related Preferred Securities and Common Securities that at any time remain outstanding in accordance with the terms thereof shall not be reduced as a result of such any Additional Taxes (the "Additional Sums"). Whenever in this Indenture or the Securities there is a reference in any context to the payment of principal of or interest on the Securities, such mention shall be deemed to include mention of the payments of the Additional Sums provided for in this paragraph to the extent that, in such context, Additional Sums are, were or would be payable in respect thereof pursuant to the provisions of this paragraph and express mention of the payment of Additional Sums (if applicable) in any provisions hereof shall not be construed as excluding Additional Sums in those provisions hereof where such express mention is not made; provided, however, that the deferral of the payment of interest pursuant to Section 3.12 3.11 or the Securities shall not defer the payment of any Additional Sums that may be due and payable.
Appears in 1 contract
Sources: Junior Subordinated Indenture (Praegitzer Industries Inc)
Additional Sums. So long as no Event of Default has occurred and is continuing and except as otherwise specified as contemplated by Section 2.1 or Section 3.1, if: if (ai) the Issuer Trust is the Holder of all of the Outstanding SecuritiesSecurities of such series, and (bii) a Tax Event described in clause (ai) or (ciii) of the definition of "Tax Event" in Section 1.1 hereof has occurred and is continuing in respect of the Issuer Trust, the Company shall pay to the Issuer Trust (and its permitted successors or assigns under the Trust Agreement) for so long as the Issuer Trust (or its permitted successor or assignee) is the registered holder of the Outstanding SecuritiesSecurities of such series, such additional sums as may be necessary in order that the amount of Distributions (including any Additional Amount (as defined in the Trust Agreement)) then due and payable by the Issuer Trust on the Preferred related Capital Securities and Common Securities that at any time remain outstanding in accordance with the terms thereof shall not be reduced as a result of such Additional Taxes (the "Additional Sums"). Whenever in this Indenture or the Securities there is a reference in any context to the payment of principal of or interest on the Securities, such mention shall be deemed to include mention of the payments of the Additional Sums provided for in this paragraph to the extent that, in such context, Additional Sums are, were or would be payable in respect thereof pursuant to the provisions of this paragraph and express mention of the payment of Additional Sums (if applicable) in any provisions hereof shall not be construed as excluding Additional Sums in those provisions hereof where such express mention is not made; provided, however, that the deferral of the payment of interest pursuant to Section 3.12 or the Securities shall not defer the payment of any Additional Sums that may be due and payable.
Appears in 1 contract
Sources: Junior Subordinated Indenture (BSB Capital Trust I)
Additional Sums. So long as no Event In the case of Default has occurred and is continuing and Securities of a series issued to a PartnerRe Trust, except as otherwise specified as contemplated by Section 2.1 or Section 3.19.2(b) of the related Trust Agreement, if: in the event that (ai) the Issuer such PartnerRe Trust is the Holder of all of the Outstanding SecuritiesSecurities of such series, and (bii) a Tax Event described in clause respect of such PartnerRe Trust shall have occurred and be continuing and (aiii) the Company shall not have (A) redeemed the Securities of such series pursuant to Section 11.8 or (cB) terminated such PartnerRe Trust pursuant to Section 9.2(b) of the definition of "Tax Event" in Section 1.1 hereof has occurred and is continuing in respect of the Issuer Trustrelated Trust Agreement, the Company shall pay the Issuer to such PartnerRe Trust (and its permitted successors or assigns under the related Trust Agreement) ), for so long as the Issuer such PartnerRe Trust (or its permitted successor or assignee) is the registered holder of the Outstanding Securitiesany Securities of such series, such additional sums amounts as may be necessary in order that the amount of Distributions (including any Additional Amount (as defined in the Trust Agreement)) then due and payable by the Issuer such PartnerRe Trust on the related Preferred Securities and Common Securities that at any time remain outstanding in accordance with the terms thereof shall not be reduced as a result of such any Additional Taxes (the "Additional Sums"). Whenever in this --------------- Indenture or the Securities there is a reference mentioned, in any context to context, the payment of the principal of or any premium or interest on, or in respect of, any Security of any series or any Coupon or the net proceeds received on the Securitiessale or exchange of any Security of any series, such mention shall be deemed to include mention of the payments payment of the Additional Sums provided for in this paragraph by the terms of such series established hereby or pursuant hereto to the extent that, in such context, Additional Sums are, were or would be payable in respect thereof pursuant to the provisions of this paragraph such terms, and express mention of the payment of Additional Sums (if applicable) in any provisions provision hereof shall not be construed as excluding Additional Sums in those provisions hereof where such express mention is not made; , provided, however, that the deferral extension of the an interest payment of interest period pursuant to Section 3.12 3.11 or the terms of the applicable Securities shall not defer extend the payment of any Additional Sums that may be due and payablepayable during such interest payment period.
Appears in 1 contract
Additional Sums. So In the case of the Securities of a series initially issued to an Issuer Trust, so long as no Event of Default has occurred and is continuing and except as otherwise specified as contemplated by Section 2.1 or Section 3.1, if: if (ai) the an Issuer Trust is the Holder of all of the Outstanding SecuritiesSecurities of such series, and (bii) a Tax Event described in clause (ai) or (ciii) of the definition of the term "Tax Event" in Section 1.1 hereof has occurred and is continuing in respect of the such Issuer Trust, the Company shall pay the to such Issuer Trust (and its permitted successors or assigns under the related Trust Agreement) for so long as the such Issuer Trust (or its permitted successor or assignee) is the registered holder of the Outstanding SecuritiesSecurities of such series, such additional sums as may be necessary in order that the amount of Distributions (including any Additional Amount Amounts (as defined in the such Trust Agreement)) then due and payable by the such Issuer Trust on the Preferred related Capital Securities and Common Securities that at any time remain outstanding in accordance with the terms thereof shall not be reduced as a result of such Additional Taxes (the "Additional Sums"). Whenever in this Indenture or the Securities there is a reference in any context to the payment of principal of or interest on the Securities, such mention shall be deemed to include mention of the payments of the Additional Sums provided for in this paragraph to the extent that, in such context, Additional Sums are, were or would be payable in respect thereof pursuant to the provisions of this paragraph and express mention of the payment of Additional Sums (if applicable) in any provisions hereof shall not be construed as excluding Additional Sums in those provisions hereof where such express mention is not made; provided, however, that the deferral of the payment of interest pursuant to Section 3.12 or the Securities shall not defer the payment of any Additional Sums that may be due and payable.
Appears in 1 contract
Sources: Junior Subordinated Indenture (First Empire Capital Trust I)
Additional Sums. So long as no Event of Default has occurred and is continuing and except as otherwise specified as contemplated by Section 2.1 or Section 3.1, if: In the event that (a) the Issuer Trust Property Trustee is the Holder of all of the Outstanding SecuritiesDebentures, and (b) a Tax Event described in clause (a) or (c) of the definition of "Tax Event" in Section 1.1 hereof has occurred and is continuing in respect of the Issuer TrustTrust shall have occurred and be continuing and (c) the Company shall not have (i) redeemed the Debentures pursuant to Section 11.7 or 11.8 or (ii) terminated the Trust pursuant to Section 9.2(b) of the Trust Agreement, the Company shall pay to the Issuer Trust (and its permitted successors or assigns under the Trust Agreement) for so long as the Issuer Trust (or its permitted successor or assignee) is the registered holder of the Outstanding SecuritiesDebentures, such additional sums amounts as may be necessary in order that the amount of Distributions distributions (including any Additional Amount Amounts (as defined in the Trust Agreement)) then due and payable by the Issuer Trust on the Preferred Securities and Common Securities that at any time remain outstanding in accordance accord with the terms thereof shall not be reduced as a result of such any Additional Taxes (the "Additional Sums"). Whenever in this Indenture or the Securities Debentures there is a reference in any context to the payment of principal of or interest on the SecuritiesDebentures, such mention shall be deemed to include mention of the payments of the Additional Sums provided for in this paragraph to the extent that, in such context, Additional Sums are, were or would be payable in respect thereof pursuant to the provisions of this paragraph and express mention of the payment of Additional Sums (if applicable) in any provisions hereof shall not be construed as excluding Additional Sums in those provisions hereof where such express mention is not made; , provided, however, that the deferral extension of the an interest payment of interest period pursuant to Section 3.12 3.11 or the Securities Debentures shall not defer extend the payment of any Additional Sums that may be due and payablepayable during such interest payment period.
Appears in 1 contract
Sources: Indenture (Host Marriott Corp/Md)
Additional Sums. So long as no Event In the case of Default has occurred and is continuing and the Securities of a series issued to a Hartford Trust, except as otherwise specified as contemplated by Section 2.1 or Section 3.1301, if: in the event that (ai) the Issuer a Hartford Trust is the Holder of all of the Outstanding SecuritiesSecurities of such series, and (bii) a Tax Event described in clause respect of such Hartford Trust shall have occurred and be continuing and (aiii) the Company shall not have (i) redeemed the Securities of such series pursuant to Section 1107(b) or (cii) terminated such Hartford Trust pursuant to section 902(b) of the definition of "Tax Event" in Section 1.1 hereof has occurred and is continuing in respect of the Issuer Trustrelated Trust Agreement, the Company shall pay the Issuer to such Hartford Trust (and its permitted successors or assigns under the related Trust Agreement) for so long as the Issuer such Hartford Trust (or its permitted successor or assignee) is the registered holder of the Outstanding Securitiesany Securities of such series, such additional sums amounts as may be necessary in order that the amount of Distributions distributions (including any Additional Amount Amounts (as defined in the Trust Agreement)) then due and payable by the Issuer such Hartford Trust on the related Preferred Securities and Common Securities that at any time remain outstanding in accordance with the terms thereof shall not be reduced as a result of such any Additional Taxes (the "Additional Sums"); provided that, if this Indenture has not been qualified under the Trust Indenture Act, the Company shall be required to pay such Additional Sums until this Indenture is so qualified. Whenever in this Indenture or the Securities there is a reference in any context to the payment of principal of or interest on the Securities, such mention shall be deemed to include mention of the payments of the Additional Sums provided for in this paragraph to the extent that, in such context, Additional Sums are, were or would be payable in respect thereof pursuant to the provisions of this paragraph and express mention of the payment of Additional Sums (if applicable) in any provisions hereof shall not be construed as excluding Additional Sums in those provisions hereof where such express mention is not made; , provided, however, that the deferral extension of the an interest payment of interest period pursuant to Section 3.12 311 or the Securities shall not defer extend the payment of any Additional Sums that may be due and payablepayable during such interest payment period.
Appears in 1 contract
Sources: Junior Subordinated Indenture (Hartford Capital Iv /De/)
Additional Sums. So In the case of the Securities of a series issued to an Owen▇ ▇▇▇ning Trust, so long as no Event of Default has occurred and is continuing and except as otherwise specified as contemplated by Section 2.1 or Section 3.1, if: in the event that (ai) the Issuer an Owen▇ ▇▇▇ning Trust is the Holder of all of the Outstanding SecuritiesSecurities of such series, and (bii) a Tax Event described in clause respect of such Owen▇ ▇▇▇ning Trust shall have occurred and be continuing, (aiii) the Company has elected, and has not revoked such election, and (iv) the Company shall not have (A) redeemed the Securities of such series pursuant to Section 11.7(b) or (cB) terminated such Owen▇ ▇▇▇ning Trust pursuant to Section 9.2(b) of the definition of "Tax Event" in Section 1.1 hereof has occurred and is continuing in respect of the Issuer Trustrelated Trust Agreement, the Company shall pay the Issuer to such Owen▇ ▇▇▇ning Trust (and its permitted successors or assigns under the related Trust Agreement) for so long as the Issuer such Owen▇ ▇▇▇ning Trust (or its permitted successor or assignee) is the registered holder of the Outstanding Securitiesany Securities of such series, such additional sums amounts as may be necessary in order that the amount of Distributions (including any Additional Amount Amounts (as defined in the such Trust Agreement)) then due and payable by the Issuer such Owen▇ ▇▇▇ning Trust on the related Preferred Securities and Common Securities that at any time remain outstanding in accordance with the terms thereof shall not be reduced as a result of such any Additional Taxes (the "Additional Sums"). Whenever in this Indenture or the Securities there is a reference in any context to the payment of principal of or interest on the Securities, such mention shall be deemed to include mention of the payments of the Additional Sums provided for in this paragraph to the extent that, in such context, Additional Sums are, were or would be payable in respect thereof pursuant to the provisions of this paragraph and express mention of the payment of Additional Sums (if applicable) in any provisions hereof shall not be construed as excluding Additional Sums in those provisions hereof where such express mention is not made; provided, however, that the deferral of the payment of interest pursuant to Section 3.12 3.11 or the Securities shall not defer the payment of any Additional Sums that may be due and payable.
Appears in 1 contract
Sources: Junior Subordinated Indenture (Owens Corning Capital Ii)
Additional Sums. So long as no Event of Default has occurred and is continuing and except as otherwise specified as contemplated by Section 2.1 or Section 3.1, if: if (ai) the Issuer Trust Success Capital is the Holder of all of the Outstanding Securities, and (bii) a Tax Event described in clause (ai) or (ciii) of the definition of "Tax Event" in Section 1.1 hereof has occurred and is continuing in respect of the Issuer TrustSuccess Capital, the Company Success Bancshares shall pay the Issuer Trust Success Capital (and its permitted successors or assigns under the Trust Agreement) for so long as the Issuer Trust Success Capital (or its permitted successor or assignee) is the registered holder of the Outstanding Securities, such additional sums as may be necessary in order that the amount of Distributions (including any Additional Amount Amounts (as defined in the Trust Agreement)) then due and payable by the Issuer Trust Success Capital on the Preferred Securities and Common Securities that at any time remain outstanding in accordance with the terms thereof shall not be reduced as a result of such any Additional Taxes (the "Additional Sums"). Whenever in this Indenture or the Securities there is a reference in any context to the payment of principal of or interest on the Securities, such mention shall be deemed to include mention of the payments of the Additional Sums provided for in this paragraph to the extent that, in such context, Additional Sums are, were or would be payable in respect thereof pursuant to the provisions of this paragraph and express mention of the payment of Additional Sums (if applicable) in any provisions hereof shall not be construed as excluding Additional Sums in those provisions hereof where such express mention is not made; provided, however, that the deferral of the payment of interest pursuant to Section 3.12 or the Securities shall not defer the payment of any Additional Sums that may be due and payable.. 57 63
Appears in 1 contract
Sources: Junior Subordinated Indenture (Success Bancshares Inc)
Additional Sums. So In the case of the Securities of a series initially issued to a Trust, so long as no Event of Default has occurred and is continuing and except as otherwise specified as contemplated by Section 2.1 or Section 3.1, if: if (ai) the Issuer such Trust is the Holder of all of the Outstanding SecuritiesSecurities of such series, and (bii) a Tax Event described in clause (a) or (c) of the definition of "Tax Event" in Section 1.1 hereof has occurred and is continuing in respect of the Issuer Trustsuch Securities, the Company shall pay the Issuer to such Trust (and or its permitted successors or assigns successor under the related Trust Agreement) for so long as the Issuer such Trust (or its permitted successor or assigneesuccessor) is the registered holder of all of the Outstanding Securities of such series, together with any payment of principal of (or premium, if any) or interest (including any Additional Interest) on such Securities, such additional sums as may be necessary in order that the amount of Distributions (including any Additional Amount Amounts (as defined in the such Trust Agreement)) then due and payable by such Trust in respect of the Issuer Trust on the related Preferred Securities and Common Securities that at any time remain outstanding in accordance with the terms thereof shall not be reduced as a result of such any Additional Taxes arising from such Tax Event (the "Additional Sums"). Whenever in this Indenture or the Securities there is a reference in any context to the payment of principal of (or premium, if any) or interest on (including Additional Interest) on, or Redemption Price or Repurchase Price for, the Securities, such mention shall be deemed to include mention of the payments of the Additional Sums provided for in this paragraph to the extent that, in such context, Additional Sums are, were or would be payable in respect thereof pursuant to the provisions of this paragraph paragraph, and any express mention of the payment of Additional Sums (if applicable) in any provisions provision hereof shall not be construed as excluding Additional Sums in those provisions hereof where such express mention is not made; provided, however, that the deferral of the payment of interest pursuant to Section 3.12 3.11 or the terms of the Securities shall not defer the payment of any Additional Sums that may be due and payable.
Appears in 1 contract
Additional Sums. So In the case of the Securities of a series issued to a KeyCorp Trust, so long as no Event of Default has occurred and is continuing and except as otherwise specified as contemplated by Section 2.1 or Section 3.1, if: in the event that (ai) the Issuer a KeyCorp Trust is the Holder of all of the Outstanding Securities, Securities of such series and (bii) a Tax Event described in clause (a) or (c) of the definition of "Tax Event" in Section 1.1 hereof has occurred and is continuing in respect of the Issuer Trustsuch KeyCorp Trust shall have occurred and be continuing, the Company shall pay the Issuer to such KeyCorp Trust (and its permitted successors or assigns under the related Trust Agreement) as Holder of the Securities of such series for so long as the Issuer such KeyCorp Trust (or its permitted successor or assignee) is the registered holder Holder of the Outstanding Securitiesany Securities of such series, such additional sums as may be necessary in order that the amount of Distributions (including any Additional Amount Amounts (as defined in the such Trust Agreement)) then due and payable paid by the Issuer such KeyCorp Trust on the Preferred related Capital Securities and Common Securities that at any time remain outstanding in accordance with the terms thereof shall not be reduced as a result of such any Additional Taxes (the "Additional Sums"). Whenever in this Indenture or the Securities there is a reference in any context to the payment of principal of or interest on the Securities, such mention shall be deemed to include mention of the payments of the Additional Sums provided for in this paragraph to the extent that, in such context, Additional Sums are, were or would be payable in respect thereof pursuant to the provisions of this paragraph and express mention of the payment of Additional Sums (if applicable) in any provisions hereof shall not be construed as excluding Additional Sums in those provisions hereof where such express mention is not made; provided, however, that the deferral of the payment of interest pursuant to Section 3.12 or the Securities shall not defer the payment of any Additional Sums that may be due and payable.
Appears in 1 contract
Additional Sums. So In the case of the Securities of a series initially issued to an Issuer Trust, so long as no Event of Default has occurred and is continuing and except as otherwise specified as contemplated by Section 2.1 or Section 3.1, if: (a) the Issuer Trust is the Holder of all of the Outstanding SecuritiesSecurities of such series, and (b) a Tax Event described in clause (a) or (c) of the definition of "Tax Event" in Section 1.1 hereof has occurred and is continuing in respect of the such Issuer Trust, the Company shall pay the such Issuer Trust (and its permitted successors or assigns under the related Trust Agreement) for so long as the such Issuer Trust (or its permitted successor or assignee) is the registered holder of the Outstanding SecuritiesSecurities of such series, such additional sums as may be necessary in order that the amount of Distributions (including any Additional Amount (as defined in the such Trust Agreement)) then due and payable by the such Issuer Trust on the Preferred Capital Securities and Common Securities that at any time remain outstanding in accordance with the terms thereof shall not be reduced as a result of such Additional Taxes (the "Additional Sums"). Whenever in this Indenture or the Securities there is a reference in any context to the payment of principal of or interest on the Securities, such mention shall be deemed to include mention of the payments of the Additional Sums provided for in this paragraph to the extent that, in such context, Additional Sums are, were or would be payable in respect thereof pursuant to the provisions of this paragraph and express mention of the payment of Additional Sums (if applicable) in any provisions hereof shall not be construed as excluding Additional Sums in those provisions hereof where such express mention is not made; provided, however, that the deferral of the payment of interest pursuant to Section 3.12 or the Securities shall not defer the payment of any Additional Sums that may be due and payable.
Appears in 1 contract
Additional Sums. So In the case of the Securities of a series issued to a Bear ▇▇▇▇▇▇▇ Trust, so long as no Event of Default has occurred and is continuing and except as otherwise specified as contemplated by Section 2.1 2.01 or Section 3.12.02, if: in the event that (ai) the Issuer a Bear ▇▇▇▇▇▇▇ Trust is the Holder holder of all of the Outstanding SecuritiesSecurities of such series, (ii) a Special Event in respect of such Bear ▇▇▇▇▇▇▇ Trust shall have occurred and be continuing and (iii) the Company shall not have
(a) redeemed the Securities of such series or (b) a Tax Event described in clause (a) or (c) terminated such Bear ▇▇▇▇▇▇▇ Trust pursuant to the termination provisions of the definition of "Tax Event" in Section 1.1 hereof has occurred and is continuing in respect of the Issuer Trustrelated Trust Agreement, the Company shall pay the Issuer to such Trust (and its permitted successors or assigns assign under the related Trust Agreement) for so long as the Issuer such Bear ▇▇▇▇▇▇▇ Trust (or its permitted successor or assignee) is the registered holder of the Outstanding Securitiesany Securities of such series, such additional sums amounts as may be necessary in order that the amount of Distributions (including any Additional Amount Amounts (as defined in the Trust Agreement)) ), then due and payable by the Issuer such Bear ▇▇▇▇▇▇▇ Trust on the related Preferred Securities and Common Securities that at any time remain outstanding in accordance with the terms thereof shall not be reduced as a result of such Additional Taxes any additional taxes (the "Additional Sums"). Whenever in this Indenture or the Securities there is a reference in any context to the payment of principal of or interest on the Securities, such mention shall be deemed to include mention of the payments of the Additional Sums provided for in this paragraph to the extent that, in such context, Additional Sums are, were or would be payable in respect thereof pursuant to the provisions of this paragraph and express mention of the payment of Additional Sums (if applicable) in any provisions hereof shall not be construed as excluding Additional Sums in those provisions hereof where such express mention is not made; , provided, however, that the deferral of the payment of interest pursuant to Section 3.12 2.10 or the Securities shall not defer the payment of any Additional Sums that may be due and payable.
Appears in 1 contract
Additional Sums. So long as no Event In the case of Default has occurred and is continuing and the Securities of a series issued to a Chubb Trust, except as otherwise specified as contemplated by Section 2.1 or Section 3.1301, if: in the event that (ai) the Issuer a Chubb Trust is the Holder of all of the Outstanding SecuritiesSecurities of such series, and (bii) a Tax Event described in clause respect of such Chubb Trust shall have occurred and be continuing and (aiii) the Company shall not have (i) redeemed the Securities of such series pursuant to Section 1107(b) or (cii) terminated such Chubb Trust pursuant to section 902(b) of the definition of "Tax Event" in Section 1.1 hereof has occurred and is continuing in respect of the Issuer Trustrelated Trust Agreement, the Company shall pay the Issuer to such Chubb Trust (and its permitted successors or assigns under the related Trust Agreement) for so long as the Issuer such Chubb Trust (or its permitted successor or assignee) is the registered holder of the Outstanding Securitiesany Securities of such series, such additional sums amounts as may be necessary in order that the amount of Distributions distributions (including any Additional Amount Amounts (as defined in the Trust Agreement)) then due and payable by the Issuer such Chubb Trust on the related Preferred Securities and Common Securities that at any time remain outstanding in accordance with the terms thereof shall not be reduced as a result of such any Additional Taxes (the "Additional Sums"); provided that, if this Indenture has not been qualified under the Trust Indenture Act, the Company shall be required to pay such Additional Sums until this Indenture is so qualified. Whenever in this Indenture or the Securities there is a reference in any context to the payment of principal of or interest on the Securities, such mention shall be deemed to include mention of the payments of the Additional Sums provided for in this paragraph to the extent that, in such context, Additional Sums are, were or would be payable in respect thereof pursuant to the provisions of this paragraph and express mention of the payment of Additional Sums (if applicable) in any provisions hereof shall not be construed as excluding Additional Sums in those provisions hereof where such express mention is not made; , provided, however, that the deferral extension of the an interest payment of interest period pursuant to Section 3.12 311 or the Securities shall not defer extend the payment of any Additional Sums that may be due and payablepayable during such interest payment period.
Appears in 1 contract
Sources: Junior Subordinated Indenture (Chubb Capital Trust Iii)
Additional Sums. So In the case of the Securities of a series initially issued to an Issuer Trust, so long as no Event of Default has occurred and is continuing and except as otherwise specified as contemplated by Section 2.1 or Section 3.1, if: if (ai) the an Issuer Trust is the Holder of all of the Outstanding Securities, Securities of such series and (bii) a Tax Event described in clause (a) or (c) of the definition of "Tax Event" in Section 1.1 hereof has occurred and is continuing in respect of the such Issuer Trust, the Company Corporation shall pay the to such Issuer Trust (and its permitted successors or assigns under the related Trust Agreement) for so long as the such Issuer Trust (or its permitted successor or assignee) is the registered holder of the Outstanding SecuritiesSecurities of such series, such additional sums as may be necessary in order that the amount of Distributions (including any Additional Amount Amounts (as defined in the such Trust Agreement)) then due and payable by the such Issuer Trust on the related Trust Preferred Securities and Common Securities that at any time remain outstanding in accordance with the terms thereof shall not be reduced as a result of such any Additional Taxes arising from such Tax Event (the "Additional Sums"). Whenever in this Indenture or the Securities there is a reference in any context to the payment of principal of or interest on the Securities, such mention shall be deemed to include mention of the payments of the Additional Sums provided for in this paragraph to the extent that, in such context, Additional Sums are, were or would be payable in respect thereof pursuant to the provisions of this paragraph and express mention of the payment of Additional Sums (if applicable) in any provisions hereof shall not be construed as excluding Additional Sums in those provisions 183 hereof where such express mention is not made; provided, however, that the deferral of the payment of interest pursuant to Section 3.12 or the Securities shall not defer the payment of any Additional Sums that may be due and payable.
Appears in 1 contract
Additional Sums. So long as no Event In the case of Default has occurred and is continuing and Securities of a series issued to an ACE Trust, except as otherwise specified as contemplated by Section 2.1 or Section 3.1, if: in the event that (ai) the Issuer such ACE Trust is the Holder of all of the Outstanding SecuritiesSecurities of such series, and (bii) a Tax Event described in clause respect of such ACE Trust shall have occurred and be continuing and (aiii) the Company shall not have (i) redeemed the Securities of such series pursuant to Section 11.8 or (cii) dissolved such ACE Trust pursuant to Section 9.2(b) of the definition of "Tax Event" in Section 1.1 hereof has occurred and is continuing in respect of the Issuer Trustrelated Trust Agreement, the Company shall pay the Issuer to such ACE Trust (and its permitted successors or assigns under the related Trust Agreement) ), for so long as the Issuer such ACE Trust (or its permitted successor or assignee) is the registered holder of the Outstanding Securitiesany Securities of such series, such additional sums amounts as may be necessary in order that the amount of Distributions (including any Additional Amount (as defined in the Trust Agreement)) then due and payable by the Issuer such ACE Trust on the related Preferred Securities and Common Securities that at any time remain outstanding in accordance with the terms thereof shall not be reduced as a result of such any Additional Taxes (the "Additional Sums"). Whenever in this Indenture or the Securities there is a reference mentioned, in any context to context, the payment of the principal of or any premium or interest on, or in respect of, any Security of any series or any Coupon or the net proceeds received on the Securitiessale or exchange of any Security of any series, such mention shall be deemed to include mention of the payments payment of the Additional Sums provided for in this paragraph by the terms of such series established hereby or pursuant hereto to the extent that, in such context, Additional Sums are, were or would be payable in respect thereof pursuant to the provisions of this paragraph such terms, and express mention of the payment of Additional Sums (if applicable) in any provisions provision hereof shall not be construed as excluding Additional Sums in those provisions hereof where such express mention is not made; , provided, however, that the deferral extension of the an interest payment of interest period pursuant to Section 3.12 3.11 or the terms of the applicable Securities shall not defer extend the payment of any Additional Sums that may be due and payablepayable during such interest payment period.
Appears in 1 contract
Sources: Indenture (Ace LTD)
Additional Sums. So long as no Event In the case of Default has occurred and is continuing and Securities of a series issued to an EH Trust, except as otherwise specified as contemplated by Section 2.1 or Section 3.1, if: in the event that (ai) the Issuer such EH Trust is the Holder of all of the Outstanding SecuritiesSecurities of such series, and (bii) a Tax Event described in clause respect of such EH Trust shall have occurred and be continuing and (aiii) the Company shall not have (i) redeemed the Securities of such series pursuant to Section 16.4 or (cii) terminated such EH Trust pursuant to Section 9.2(b) of the definition of "Tax Event" in Section 1.1 hereof has occurred and is continuing in respect of the Issuer Trustrelated Trust Agreement, the Company shall pay the Issuer to such EH Trust (and its permitted successors or assigns under the related Trust Agreement) ), for so long as the Issuer such EH Trust (or its permitted successor or assignee) is the registered holder of the Outstanding Securitiesany Securities of such series, such additional sums amounts as may be necessary in order that the amount of Distributions (including any Additional Amount (as defined in the Trust Agreement)) then due and payable by the Issuer such EH Trust on the related Preferred Securities and Common Securities that at any time remain outstanding in accordance with the terms thereof shall not be reduced as a result of such any Additional Taxes (the "Additional Sums"). Whenever in this Indenture or the Securities there is a reference mentioned, in any context to context, the payment of the principal of or any premium or interest on, or in respect of, any Security of any series or any Coupon or the net proceeds received on the Securitiessale or exchange of any Security of any series, such mention shall be deemed to include mention of the payments payment of the Additional Sums provided for in this paragraph by the terms of such series established hereby or pursuant hereto to the extent that, in such context, Additional Sums are, were or would be payable in respect thereof pursuant to the provisions of this paragraph such terms, and express mention of the payment of Additional Sums (if applicable) in any provisions provision hereof shall not be construed as excluding Additional Sums in those provisions hereof where such express mention is not made; , provided, however, that the deferral extension of the an interest payment of interest period pursuant to Section 3.12 3.13 or the terms of the applicable Securities shall not defer extend the payment of any Additional Sums that may be due and payablepayable during such interest payment period.
Appears in 1 contract
Sources: Junior Subordinated Indenture (Endurance Specialty Holdings LTD)
Additional Sums. So long as no Event In the case of Default has occurred and is continuing and the Securities of a series issued to a Hartford Trust, except as otherwise specified as contemplated by Section 2.1 or Section 3.1301, if: in the event that (ai) the Issuer a Hartford Trust is the Holder of all of the Outstanding SecuritiesSecurities of such series, and (bii) a Tax Event described in clause respect of such Hartford Trust shall have occurred and be continuing and (aiii) the Company shall not have (i) redeemed the Securities of such series pursuant to Section 1107(b) or (cii) terminated such Hartford Trust pursuant to section 902(b) of the definition of "Tax Event" in Section 1.1 hereof has occurred and is continuing in respect of the Issuer Trustrelated Trust Agreement, the Company shall pay the Issuer to such Hartford Trust (and its permitted successors or assigns under the related Trust Agreement) for so long as the Issuer such Hartford Trust (or its permitted successor or assignee) is the registered holder of the Outstanding Securitiesany Securities of such series, such additional sums amounts as may be necessary in order that the amount of Distributions distributions (including any Additional Amount Amounts (as defined in the Trust Agreement)) then due and payable by the Issuer such Hartford Trust on the related Preferred Securities and Common Securities that at any time remain outstanding in accordance with the terms thereof shall not be reduced as a result of such any Additional Taxes (the "Additional Sums"); provided 66 that, if this Indenture has not been qualified under the Trust Indenture Act, the Company shall be required to pay such Additional Sums until this Indenture is so qualified. Whenever in this Indenture or the Securities there is a reference in any context to the payment of principal of or interest on the Securities, such mention shall be deemed to include mention of the payments of the Additional Sums provided for in this paragraph to the extent that, in such context, Additional Sums are, were or would be payable in respect thereof pursuant to the provisions of this paragraph and express mention of the payment of Additional Sums (if applicable) in any provisions hereof shall not be construed as excluding Additional Sums in those provisions hereof where such express mention is not made; , provided, however, that the deferral extension of the an interest payment of interest period pursuant to Section 3.12 or 311 of the Securities shall not defer extend the payment of any Additional Sums that may be due and payablepayable during such interest payment period.
Appears in 1 contract
Sources: Junior Subordinated Indenture (Hartford Financial Services Group Inc/De)
Additional Sums. So long as no Event In the case of Default has occurred and is continuing and Securities of a series issued to a PartnerRe Trust, except as otherwise specified as contemplated by Section 2.1 or Section 3.19.2(b) of the related Trust Agreement, if: in the event that (ai) the Issuer such PartnerRe Trust is the Holder of all of the Outstanding SecuritiesSecurities of such series, and (bii) a Tax Event described in clause respect of such PartnerRe Trust shall have occurred and be continuing and (aiii) the Company shall not have (A) redeemed the Securities of such series pursuant to Section Section 11.8 or (cB) terminated such PartnerRe Trust pursuant to Section 9.2(b) of the definition of "Tax Event" in Section 1.1 hereof has occurred and is continuing in respect of the Issuer Trustrelated Trust Agreement, the Company shall pay the Issuer to such PartnerRe Trust (and its permitted successors or assigns under the related Trust Agreement) ), for so long as the Issuer such PartnerRe Trust (or its permitted successor or assignee) is the registered holder of the Outstanding Securitiesany Securities of such series, such additional sums amounts as may be necessary in order that the amount of Distributions (including any Additional Amount (as defined in the Trust Agreement)) then due and payable by the Issuer such PartnerRe Trust on the related Preferred Securities and Common Securities that at any time remain outstanding in accordance with the terms thereof shall not be reduced as a result of such any Additional Taxes (the "Additional Sums"). Whenever in this Indenture or the Securities there is a reference mentioned, in any context to --------------- context, the payment of the principal of or any premium or interest on, or in respect of, any Security of any series or any Coupon or the net proceeds received on the Securitiessale or exchange of any Security of any series, such mention shall be deemed to include mention of the payments payment of the Additional Sums provided for in this paragraph by the terms of such series established hereby or pursuant hereto to the extent that, in such context, Additional Sums are, were or would be payable in respect thereof pursuant to the provisions of this paragraph such terms, and express mention of the payment of Additional Sums (if applicable) in any provisions provision hereof shall not be construed as excluding Additional Sums in those provisions hereof where such express mention is not made; , provided, however, that the deferral extension of the an interest payment of interest period pursuant to Section 3.12 3.11 or the terms of the applicable Securities shall not defer extend the payment of any Additional Sums that may be due and payablepayable during such interest payment period.
Appears in 1 contract