Common use of Appointment, Removal and Resignation of the Guarantee Trustee Clause in Contracts

Appointment, Removal and Resignation of the Guarantee Trustee. (a) Subject to Section 4.2(c), the Guarantee Trustee may be appointed or removed at any time (i) by the Guarantor with or without cause at any time when an Event of Default has not occurred and is continuing, or (ii) by the action of the Holders of a Majority in Liquidation Amount of the Capital Securities delivered to the Guarantee Trustee and the Guarantor (x) for cause or (y) if a Debenture Event of Default (as defined in the Trust Agreement) shall have occurred and be continuing at any time.

Appears in 7 contracts

Samples: Guarantee Agreement (First Merchants Corp), Guarantee Agreement (Popular Inc), Guarantee Agreement (Popular Inc)

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Appointment, Removal and Resignation of the Guarantee Trustee. (a) Subject to Section 4.2(c4.2(b), the Guarantee Trustee may be appointed or removed (i) at any time (i) by the Guarantor with or without cause at any time when an Event of Default has not occurred and is continuing, or (ii) by the action of the Holders of a Majority in Liquidation Amount of the Capital Preferred Securities delivered to the Guarantee Trustee and (ii) by the Guarantor (xA) for cause or (yB) if a Debenture Event of Default (as defined in the Trust AgreementDeclaration of Trust) shall have occurred and be continuing at any time.

Appears in 5 contracts

Samples: Guarantee Agreement (Evans Capital Trust III), Preferred Securities Guarantee Agreement (Privatebancorp, Inc), Guarantee Agreement (Bridge Statutory Capital Trust I)

Appointment, Removal and Resignation of the Guarantee Trustee. (a) Subject to Section 4.2(c), the Guarantee Trustee may be appointed or removed at any time (i) by the Guarantor with or without cause at any time when an Event of Default has not occurred and is continuing, or (ii) by the action of the Holders of a Majority in Liquidation Amount of the Capital Trust Preferred Securities delivered to the Guarantee Trustee and the Guarantor (xi) for cause or (yii) if a Debenture Note Event of Default (as defined in the Trust AgreementDeclaration of Trust) shall have occurred and be continuing at any time.

Appears in 4 contracts

Samples: Guarantee Agreement (SunTrust Capital VIII), Guarantee Agreement (Goldman Sachs Capital Iii), Guarantee Agreement (Goldman Sachs Capital Ii)

Appointment, Removal and Resignation of the Guarantee Trustee. (a) Subject to Section 4.2(c), unless a Debenture Event of Default shall have occurred and is continuing, the Guarantee Trustee may be appointed or removed at any time (i) by the Guarantor with or without cause at any time when an Guarantor, and, if a Debenture Event of Default has not shall have occurred and is continuing, or (ii) by the action of the Holders of a Majority in Liquidation Amount of the Capital Preferred Securities delivered to may appoint or remove the Guarantee Trustee and the Guarantor (x) for cause or (y) if a Debenture Event of Default (as defined in the Trust Agreement) shall have occurred and be continuing at any time.

Appears in 1 contract

Samples: Guarantee Agreement (Onb Capital Trust Iv)

Appointment, Removal and Resignation of the Guarantee Trustee. (a) Subject to Section 4.2(c), the Guarantee Trustee may be appointed or removed at any time (i) by the Guarantor with or without cause at any time when an Event of Default has not occurred and is continuing, or (ii) by the action of the Holders of a Majority in Accreted Liquidation Amount of the Capital Securities STACKS delivered to the Guarantee Trustee and the Guarantor (xi) for cause or (yii) if a Debenture Event of Default (as defined in the Trust Agreement) shall have occurred and be continuing at any time.

Appears in 1 contract

Samples: Guarantee Agreement (Marshall & Ilsley Corp/Wi/)

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Appointment, Removal and Resignation of the Guarantee Trustee. (a) Subject to Section 4.2(c), the Guarantee Trustee may be appointed or removed at any time (i) by the Guarantor with or without cause at any time when an Event of Default has not occurred and is continuing, or (ii) by the action of the Holders of a Majority in Liquidation Amount of the Capital Preferred Securities delivered to the Guarantee Trustee and the Guarantor (xi) for cause or (yii) if a Debenture Event of Default (as defined in the Trust AgreementDeclaration of Trust) shall have occurred and be continuing at any time.

Appears in 1 contract

Samples: Guarantee Agreement (CCC Capital Trust Ii)

Appointment, Removal and Resignation of the Guarantee Trustee. (a) Subject to Section 4.2(c), the Guarantee Trustee may be appointed or removed at any time (i) by the Guarantor with or without cause at any time when an Event of Default has not occurred and is continuing, or (ii) by the action of the Holders of a Majority in Liquidation Amount of the Capital Preferred Securities delivered to the Guarantee Trustee and the Guarantor (xi) for cause or (yii) if a Junior Subordinated Debenture Event of Default (as defined in the Trust Agreement) shall have occurred and be continuing at any time.

Appears in 1 contract

Samples: Guarantee Agreement (First Coastal Capital Trust)

Appointment, Removal and Resignation of the Guarantee Trustee. (a) Subject to Section 4.2(c), unless a Debenture Event of Default (as defined in the Trust Agreement) shall have occurred and be continuing, the Guarantee Trustee may be appointed or removed at any time (i) by the Guarantor with Guarantor. If a Debenture Event of Default (as defined in the Trust Agreement) shall have occurred and be continuing, the Guarantee Trustee may be appointed or without cause removed at any time when an Event of Default has not occurred and is continuing, or (ii) by the action of the Holders of a Majority in Liquidation Amount of the Capital Securities delivered to the Guarantee Trustee and the Guarantor (x) for cause or (y) if a Debenture Event of Default (as defined in the Trust Agreement) shall have occurred and be continuing at any timeTrustee.

Appears in 1 contract

Samples: Capital Securities Guarantee Agreement (Cullen Frost Capital Trust Ii)

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