Independent Obligations. The Guarantor acknowledges that its obligations hereunder are independent of the obligations of the Issuer with respect to the Capital Securities and that the Guarantor shall be liable as principal and as debtor hereunder to make Guarantee Payments pursuant to the terms of this Guarantee notwithstanding the occurrence of any event referred to in subsections (a) through (g), inclusive, of Section 4.3 hereof.
Appears in 410 contracts
Samples: Guarantee Agreement (North State Bancorp), Guarantee Agreement (First Regional Bancorp), Guarantee Agreement (Great Western Bancorp, Inc.)
Independent Obligations. The Guarantor acknowledges that its obligations hereunder are independent of the obligations of the Issuer with respect to the Capital Securities Preferred Securities, and that the Guarantor shall be liable as principal and as debtor hereunder to make Guarantee Payments pursuant to the terms of this Preferred Securities Guarantee notwithstanding the occurrence of any event referred to in subsections (a) through (g), inclusive, of Section 4.3 5.3 hereof.
Appears in 234 contracts
Samples: Preferred Securities Guarantee Agreement (Ameriprise Financial Inc), Preferred Securities Guarantee Agreement (Torchmark Capital Trust V), Preferred Securities Guarantee Agreement (Dte Energy Co)
Independent Obligations. The Guarantor acknowledges that its obligations hereunder are independent of the obligations of the Issuer with respect to the Capital Preferred Securities and that the Guarantor shall be liable as principal and as debtor hereunder to make Guarantee Payments pursuant to the terms of this Guarantee Agreement notwithstanding the occurrence of any event referred to in subsections (a) through (g), inclusive, of Section 4.3 5.3 hereof.
Appears in 125 contracts
Samples: Guarantee Agreement (Regions Financing Trust Ii), Preferred Securities Guarantee Agreement (HSBC Finance Capital Trust IX), Guarantee Agreement (Regions Financing Trust Iii)
Independent Obligations. The Guarantor acknowledges that its obligations hereunder are independent of the obligations of the Issuer Trust with respect to the Capital Securities and that the Guarantor shall be liable as principal and as debtor hereunder to make Guarantee Payments pursuant to the terms of this Guarantee Agreement notwithstanding the occurrence of any event referred to in subsections (a) through (g), inclusive, of Section 4.3 5.3 hereof.
Appears in 122 contracts
Samples: Guarantee Agreement (Popular Inc), Guarantee Agreement (Gainsco Inc), Guarantee Agreement (Goldman Sachs Group Inc/)
Independent Obligations. The Guarantor acknowledges that its obligations hereunder are independent of the obligations of the Issuer with respect to the Capital Preferred Securities and that the Guarantor shall be liable as principal and as debtor hereunder to make Guarantee Payments pursuant to the terms of this Guarantee Agreement notwithstanding the occurrence of any event referred to in subsections (a) through (g), inclusive, of Section 4.3 hereof5.3.
Appears in 100 contracts
Samples: Guarantee Agreement (First Acceptance Corp /De/), Guarantee Agreement (FNB Corp/Nc), Guarantee Agreement (Tidelands Bancshares Inc)
Independent Obligations. The Guarantor acknowledges that its obligations hereunder are independent of the obligations of the Issuer Trust with respect to the Capital Preferred Securities and that the Guarantor shall be liable as principal and as debtor hereunder to make Guarantee Payments pursuant to the terms of this Guarantee Agreement notwithstanding the occurrence of any event referred to in subsections (a) through (g), inclusive, of Section 4.3 5.03 hereof.
Appears in 79 contracts
Samples: Guarantee Agreement (Southwestern Electric Power Co), Preferred Securities Guarantee Agreement, Guarantee Agreement (Gulf Power Capital Trust Iv)
Independent Obligations. The Guarantor acknowledges that its obligations hereunder are independent of the obligations of the Issuer with respect to the Capital Common Securities and that the Guarantor shall be liable as principal and as debtor hereunder to make Guarantee Payments pursuant to the terms of this Common Securities Guarantee notwithstanding the occurrence of any event referred to in subsections (a) through (g), inclusive, of Section 4.3 2.3 hereof.
Appears in 64 contracts
Samples: Common Securities Guarantee Agreement (Sovereign Bancorp Inc), Common Securities Guarantee Agreement (Sovereign Bancorp Inc), Common Securities Guarantee Agreement (Travelers Capital Trust V)
Independent Obligations. The Guarantor acknowledges that its obligations hereunder are independent of the obligations of the Issuer with respect to the Capital Securities Securities, and that the Guarantor shall be liable as principal and as debtor hereunder to make Guarantee Payments pursuant to the terms of this Capital Securities Guarantee notwithstanding the occurrence of any event referred to in subsections (a) through (g), inclusive, of Section 4.3 5.3 hereof.
Appears in 62 contracts
Samples: Capital Securities Guarantee Agreement (Citigroup Capital XXII), Securities Guarantee Agreement (Citigroup Capital XXII), Securities Guarantee Agreement (Citigroup Inc)
Independent Obligations. The Guarantor acknowledges that its obligations hereunder are independent of the obligations of the Issuer with respect to the Capital Securities and that the Guarantor shall be liable as principal and as debtor hereunder to make Guarantee Payments pursuant to the terms of this Guarantee Agreement notwithstanding the occurrence of any event referred to in subsections (a) through (g), inclusive, of Section 4.3 5.3 hereof.
Appears in 59 contracts
Samples: Guarantee Agreement (TCF Capital I), Guarantee Agreement (Mellon Financial Corp), Guarantee Agreement (Countrywide Capital VIII)
Independent Obligations. The Guarantor acknowledges that its obligations hereunder are independent of the obligations of the Issuer Trust with respect to the Capital Preferred Securities and that the Guarantor shall be liable as principal and as debtor hereunder to make Guarantee Payments pursuant to the terms of this Guarantee Agreement notwithstanding the occurrence of any event referred to in subsections (a) through (g), inclusive, of Section 4.3 5.3 hereof.
Appears in 51 contracts
Samples: Guarantee Agreement (SunTrust Capital VIII), Guarantee Agreement (Webster Financial Corp), Guarantee Agreement (Bridge Statutory Capital Trust I)
Independent Obligations. The Guarantor acknowledges that its obligations hereunder are independent of the obligations of the Issuer with respect to the Capital Preferred Securities and that the Guarantor shall be liable as principal and as debtor hereunder to make Guarantee Payments pursuant to the terms of this Guarantee Agreement notwithstanding the occurrence of any event referred to in subsections (a) through (g), inclusive, of Section 4.3 5.03 hereof.
Appears in 35 contracts
Samples: Guarantee Agreement (Centex Corp), Preferred Securities Guarantee Agreement (Oxy Capital Trust Iii), Guarantee Agreement (Cleveland Electric Financing Trust I)
Independent Obligations. The Guarantor acknowledges that its obligations hereunder are independent of the obligations of the Issuer with respect to the Series A Capital Securities Securities, and that the Guarantor shall be liable as principal and as debtor hereunder to make Guarantee Payments pursuant to the terms of this Series A Capital Securities Guarantee notwithstanding the occurrence of any event referred to in subsections (a) through (gh), inclusive, of Section 4.3 5.3 hereof.
Appears in 35 contracts
Samples: Capital Securities Guarantee Agreement (First Midwest Bancorp Inc), Guarantee Agreement (NGC Corp), Guarantee Agreement (First Commonwealth Financial Corp /Pa/)
Independent Obligations. The Guarantor acknowledges that its obligations hereunder are independent of the obligations of the Issuer with respect to the Series B Capital Securities Securities, and that the Guarantor shall be liable as principal and as debtor hereunder to make Guarantee Payments pursuant to the terms of this Series B Capital Securities Guarantee notwithstanding the occurrence of any event referred to in subsections (a) through (gh), inclusive, of Section 4.3 5.3 hereof.
Appears in 34 contracts
Samples: Guarantee Agreement (Advanta Capital Trust I), Guarantee Agreement (Amcore Capital Trust I), Guarantee Agreement (Investors Capital Trust I)
Independent Obligations. The Guarantor acknowledges that its obligations hereunder are independent of the obligations of the Issuer with respect to the Capital Securities Trust Preferred Securities, and that the Guarantor shall be liable as principal and as debtor hereunder to make Guarantee Payments pursuant to the terms of this Trust Preferred Securities Guarantee notwithstanding the occurrence of any event referred to in subsections (a) through (g), inclusive, of Section 4.3 5.3 hereof.
Appears in 31 contracts
Samples: Trust Preferred Securities Guarantee Agreement (Vineyard Statutory Trust X), Trust Preferred Securities Guarantee Agreement (Enron Preferred Funding Ii L P), Trust Preferred Securities Guarantee Agreement (Ultramar Diamond Shamrock Corp)
Independent Obligations. The Guarantor acknowledges that its obligations hereunder are independent of the obligations of the Issuer Trust with respect to the Capital Preferred Securities and that the Guarantor shall be liable as principal and as debtor hereunder to make Guarantee Payments pursuant to the terms of this Guarantee Agreement notwithstanding the occurrence of any event referred to in subsections (a) through (g), inclusive, of Section 4.3 5.3 hereof.
Appears in 29 contracts
Samples: Guarantee Agreement (Bancfirst Corp /Ok/), Guarantee Agreement (Bear Stearns Capital Trust Iv), Guarantee Agreement (BFC Capital Trust Ii)
Independent Obligations. The Guarantor acknowledges that its obligations hereunder are independent of the obligations of the Issuer with respect to the Capital Securities Preferred Securities, and that the Guarantor shall be liable as principal and as debtor hereunder to make Guarantee Payments pursuant to the terms of this Guarantee Agreement notwithstanding the occurrence of any event referred to in subsections (a) through (g), inclusive, of Section 4.3 5.3 hereof.
Appears in 24 contracts
Samples: Preferred Securities Guarantee Agreement (KCPL Financing Ii), Preferred Securities Guarantee Agreement (Telephone & Data Systems Inc), Preferred Securities Guarantee Agreement (Telephone & Data Systems Inc)
Independent Obligations. The Guarantor acknowledges that its obligations hereunder are independent of the obligations of the Issuer with respect to the Capital Securities Securities, and that the Guarantor shall be liable as principal and as debtor hereunder to make Guarantee Payments pursuant to the terms of this Capital Securities Guarantee notwithstanding the occurrence of any event referred to in subsections (a) through (gh), inclusive, of Section 4.3 5.3 hereof.
Appears in 19 contracts
Samples: Capital Securities Guarantee Agreement (Bank of America Corp /De/), Capital Securities Guarantee Agreement (Bank of America Corp /De/), Capital Securities Guarantee Agreement (Bank of America Corp /De/)
Independent Obligations. The Guarantor acknowledges that its obligations hereunder are independent of the obligations of the Issuer Trust with respect to the Capital Trust Securities and that the Guarantor shall be liable as principal and as debtor hereunder to make Guarantee Payments pursuant to the terms of this Guarantee Agreement notwithstanding the occurrence of any event referred to in subsections (a) through (g), inclusive, of Section 4.3 5.3 hereof.
Appears in 18 contracts
Samples: Guarantee Agreement (Bb&t Corp), Guarantee Agreement (Schwab Capital Trust Ii), Guarantee Agreement (Bb&t Corp)
Independent Obligations. The Guarantor acknowledges that its obligations hereunder are independent of the obligations of the Issuer with respect to the Capital Securities TARGETS, and that the Guarantor shall be liable as principal and as debtor hereunder to make Guarantee Payments pursuant to the terms of this TARGETS Guarantee notwithstanding the occurrence of any event referred to in subsections (a) through (g), inclusive, of Section 4.3 5.3 hereof.
Appears in 18 contracts
Samples: Guarantee Agreement (Citigroup Inc), Guarantee Agreement (Citigroup Inc), Guarantee Agreement (Citigroup Inc)
Independent Obligations. The Guarantor acknowledges that its obligations hereunder are independent of the obligations of the Issuer with respect to the Capital Securities Debentures, and that the Guarantor shall be liable as principal and as debtor hereunder to make Guarantee Payments all payments with respect to the Debentures pursuant to the terms of this Guarantee Agreement notwithstanding the occurrence of any event referred to in subsections (a) through (ge), inclusive, of Section 4.3 5.03 hereof.
Appears in 13 contracts
Samples: Subordinated Debt Securities Guarantee Agreement (PartnerRe Finance B LLC), Subordinated Debt Securities Guarantee Agreement (Partnerre LTD), Securities Guarantee Agreement (PartnerRe Finance B LLC)
Independent Obligations. The Guarantor acknowledges that its obligations hereunder are independent of the obligations of the Issuer Trust with respect to the Capital Trust Preferred Securities and that the Guarantor shall be liable as principal and as debtor hereunder to make Guarantee Payments pursuant to the terms of this Guarantee Agreement notwithstanding the occurrence of any event referred to in subsections (a) through (g), inclusive, of Section 4.3 5.03 hereof.
Appears in 12 contracts
Samples: Guarantee Agreement (Semco Capital Trust), Guarantee Agreement (DRH Regrem Xii Lp), Guarantee Agreement (Semco Energy Inc)
Independent Obligations. The Guarantor acknowledges that its obligations hereunder are independent of the obligations of the Issuer with respect to the Capital Securities Preferred Securities, and that the Guarantor shall be liable as principal and as debtor hereunder to make Guarantee Payments pursuant to the terms of this Preferred Securities Guarantee notwithstanding the occurrence of any event referred to in subsections (a) through (gh), inclusive, of Section 4.3 5.3 hereof.
Appears in 12 contracts
Samples: Preferred Securities Guarantee Agreement (Valley National Bancorp), Preferred Securities Guarantee Agreement (Valley National Bancorp), Preferred Securities Guarantee Agreement (Dynegy Capital Trust Ii)
Independent Obligations. The Guarantor acknowledges that its obligations hereunder are independent of the obligations of the Issuer with respect to the Capital Securities Preferred Securities, and that the Guarantor shall be liable as principal and as debtor hereunder to make Guarantee Payments pursuant to the terms of this Preferred Securities Guarantee notwithstanding the occurrence of any event referred to in subsections (a) through (g), inclusive, of Section 4.3 5.4 hereof.
Appears in 12 contracts
Samples: Preferred Securities Guarantee Agreement (Calenergy Capital Trust Vi), Preferred Securities Guarantee Agreement (Fleetwood Capital Trust Iii), Preferred Securities Guarantee Agreement (Proassurance Corp)
Independent Obligations. The Guarantor acknowledges that its obligations hereunder are independent of the obligations of the Issuer with respect to the Capital Securities Affiliate Debenture, and that the Guarantor shall be liable as principal and as debtor hereunder to make Guarantee Payments pursuant to the terms of this Investment Guarantee notwithstanding the occurrence of any event referred to in subsections (a) through (g), inclusive, of Section 4.3 5.3 hereof.
Appears in 12 contracts
Samples: Debenture Guarantee Agreement (Merrill Lynch Preferred Funding Vi L P), Affiliate Debenture Guarantee Agreement (Merrill Lynch Preferred Capital Trust Ii), Debenture Guarantee Agreement (Merrill Lynch Preferred Funding I Lp)
Independent Obligations. The Guarantor acknowledges that its obligations hereunder are independent of the obligations of the Issuer with respect to the Capital Securities and that the Guarantor shall be liable as principal and as debtor hereunder to make Guarantee Payments pursuant to the terms of this Guarantee Agreement notwithstanding the occurrence of any event referred to in subsections (a) through (g), inclusive, of Section 4.3 5.3 hereof.
Appears in 11 contracts
Samples: Securities Guarantee Agreement (HSBC Finance Capital Trust IX), Trust Agreement (Usf&g Corp), Guarantee Agreement (Providian Financial Corp)
Independent Obligations. The Guarantor acknowledges that its obligations hereunder are independent of the obligations of the Issuer Trust with respect to the Capital Trust Preferred Securities and that the Guarantor shall be liable as principal and as debtor hereunder to make Guarantee Payments pursuant to the terms of this Guarantee Agreement notwithstanding the occurrence of any event referred to in subsections (a) through (g), inclusive, of Section 4.3 5.3 hereof.
Appears in 11 contracts
Samples: Guarantee Agreement (Burlington Northern Santa Fe Corp), Guarantee Agreement (Metlife Inc), Guarantee Agreement (Metlife Inc)
Independent Obligations. The Guarantor acknowledges that its obligations hereunder are independent of the obligations of the Issuer with respect to the Capital Securities Common Securities, and that the Guarantor shall be liable as principal and as debtor hereunder to make Guarantee Payments pursuant to the terms of this Common Securities Guarantee notwithstanding the occurrence of any event referred to in subsections (a) through (gf), inclusive, of Section 4.3 2.3 hereof.
Appears in 10 contracts
Samples: Common Securities Guarantee Agreement (MetLife Capital Trust V), Common Securities Guarantee Agreement (Prudential Financial Capital Trust Ii), Common Securities Guarantee Agreement (Prudential Financial Capital Trust Ii)
Independent Obligations. The Guarantor acknowledges that its obligations hereunder are independent of the obligations of the Issuer with respect to the Capital Securities Securities, and that the Guarantor shall be liable as principal and as debtor hereunder to make Guarantee Payments pursuant to the terms of this Guarantee notwithstanding the occurrence of any event referred to in subsections (a) through (g), inclusive, of Section 4.3 5.3 hereof.
Appears in 10 contracts
Samples: Guarantee Agreement (Ingersoll Rand Co), Guarantee Agreement (New York Community Bancorp Inc), Guarantee Agreement (Indymac Bancorp Inc)
Independent Obligations. The Guarantor acknowledges that its obligations hereunder are independent of the obligations of the Issuer with respect to the Series B Capital Securities Securities, and that the Guarantor shall be liable as principal and as debtor hereunder to make Guarantee Payments pursuant to the terms of this Series B Capital Securities Guarantee notwithstanding the occurrence of any event referred to in subsections (a) through (g), inclusive, of Section 4.3 5.3 hereof.
Appears in 9 contracts
Samples: Capital Securities Guarantee Agreement (First Midwest Bancorp Inc), Capital Securities Guarantee Agreement (Peoples Bancorp Inc), Securities Guarantee Agreement (Peoples Bancorp Inc)
Independent Obligations. The Guarantor acknowledges that its obligations hereunder are independent of the obligations of the Issuer Trust with respect to the Capital Preferred Securities and that the Guarantor shall be liable as principal and as debtor hereunder to make Guarantee Payments pursuant to the terms of this Guarantee Agreement notwithstanding the occurrence of any event referred to in subsections (a) through (g), inclusive, of Section 4.3 hereof5.3.
Appears in 9 contracts
Samples: Guarantee Agreement (Fifth Third Capital Trust VII), Guarantee Agreement (Fifth Third Capital Trust Vi), Guarantee Agreement (Fifth Third Capital Trust Vi)
Independent Obligations. The Guarantor acknowledges that its obligations hereunder are independent of the obligations of the Issuer with respect to the Capital Preferred Securities and that the Guarantor shall be liable as principal and as debtor hereunder to make Guarantee Payments pursuant to the terms of this Preferred Securities Guarantee notwithstanding the occurrence of any event referred to in subsections (a) through (g), inclusive, of Section 4.3 5.03 hereof.
Appears in 9 contracts
Samples: Guarantee Agreement (Scottish Annuity & Life Holdings LTD), Guarantee Agreement (Baltimore Gas & Electric Co), Guarantee Agreement (Nationwide Financial Services Inc/)
Independent Obligations. The Guarantor acknowledges that its obligations hereunder are independent of the obligations of the Issuer with respect to the Capital Securities and that the Guarantor shall be liable as principal and as debtor hereunder to make Guarantee Payments pursuant to the terms of this Capital Securities Guarantee notwithstanding the occurrence of any event referred to in subsections (a) through (g), inclusive, of Section 4.3 5.3 hereof.
Appears in 9 contracts
Samples: Iii 5 Guarantee Agreement (Transamerica Capital Iii), Guarantee Agreement (Union Planters Corp), Guarantee Agreement (Mercantile Capital Trust I)
Independent Obligations. The Guarantor acknowledges that its obligations hereunder are independent of the obligations of the Issuer Trust with respect to the Capital Securities and that the Guarantor shall be liable as principal and as debtor hereunder to make Guarantee Payments pursuant to the terms of this Guarantee Agreement notwithstanding the occurrence of any event referred to in subsections (a) through (g), inclusive, of Section 4.3 5.03 hereof.
Appears in 8 contracts
Samples: Guarantee Agreement (Gulf Power Capital Trust Ii), Guarantee Agreement (Mississippi Power Capital Trust Ii), Guarantee Agreement (Southern Co Capital Trust I)
Independent Obligations. The Guarantor acknowledges that its obligations hereunder are independent of the obligations of the Issuer with respect to the Capital Securities Preferred Securities, and that the Guarantor shall be liable as principal and as debtor hereunder to make Guarantee Payments pursuant to the terms of this Guarantee notwithstanding the occurrence of any event referred to in subsections (a) through (g), inclusive, of Section 4.3 5.04 hereof.
Appears in 8 contracts
Samples: Preferred Securities Guarantee (Chemed Corp), Preferred Securities Guarantee Agreement (Chemed Corp), Preferred Securities Guarantee Agreement (Hanover Compressor Capital Trust)
Independent Obligations. The Guarantor acknowledges that its obligations hereunder are independent of the obligations of the Issuer with respect to the Capital Trust Securities and that the Guarantor shall be liable as principal and as debtor hereunder to make Guarantee Payments pursuant to the terms of this Guarantee Agreement notwithstanding the occurrence of any event referred to in subsections (a) through (g), inclusive, of Section 4.3 5.03 hereof.
Appears in 8 contracts
Samples: Guarantee Agreement (Bancorp Hawaii Capital Trust I), Form of Guarantee Agreement (Bancorpsouth Inc), Guarantee Agreement (Bancorpsouth Inc)
Independent Obligations. The Guarantor acknowledges that its obligations hereunder are independent of the obligations of the Issuer with respect to the Capital Preferred Securities and that the Guarantor shall be liable as principal and as debtor hereunder to make Guarantee Payments pursuant to the terms of this Guarantee Agreement notwithstanding the occurrence of any event referred to in subsections (a) through (g), inclusive, of Section 4.3 503 hereof.
Appears in 8 contracts
Samples: Guarantee Agreement (Southwestern Electric Power Co), Guarantee Agreement (Central Power & Light Co /Tx/), Guarantee Agreement (West Texas Utilities Co)
Independent Obligations. The Guarantor acknowledges that its obligations hereunder are independent of the obligations of the Issuer with respect to the Capital Securities Senior Notes, and that the Guarantor shall be liable as principal and as debtor hereunder to make Guarantee Payments all payments with respect to the Senior Notes pursuant to the terms of this Guarantee Agreement notwithstanding the occurrence of any event referred to in subsections (a) through (ge), inclusive, of Section 4.3 5.3 hereof.
Appears in 8 contracts
Samples: Senior Debt Securities Guarantee Agreement (Allied World Assurance Co Holdings, AG), Senior Debt Securities Guarantee Agreement (RenRe North America Holdings Inc.), Senior Debt Securities Guarantee Agreement (Renaissancere Holdings LTD)
Independent Obligations. The Guarantor acknowledges that its obligations hereunder are independent of the obligations of the Issuer with respect to the Capital Securities Preferred Securities, and that the Guarantor shall be liable as principal and as debtor hereunder to make Guarantee Payments pursuant to the terms of this Guarantee Agreement notwithstanding the occurrence of any event referred to in subsections (a) through (g), inclusive, of Section 4.3 5.4 hereof.
Appears in 7 contracts
Samples: Guarantee Agreement (Great Western Financial Trust I /De/), Guarantee Agreement (Great Western Financial Corp), Guarantee Agreement (Southwest Gas Corp)
Independent Obligations. The Guarantor acknowledges that its obligations hereunder are independent of the obligations of the Issuer with respect to the Capital Preferred Securities and that the Guarantor shall be liable as principal and as debtor hereunder to make Guarantee GUARANTEE Payments pursuant to the terms of this Guarantee GUARANTEE Agreement notwithstanding the occurrence of any event referred to in subsections (a) through (g), inclusive, of Section 4.3 5.03 hereof.
Appears in 7 contracts
Samples: Guarantee Agreement (J P Morgan Chase & Co), JPM Capital Trust Iv, JPM Capital Trust Iv
Independent Obligations. The Guarantor acknowledges that its obligations hereunder are independent of the obligations of the Issuer Trust with respect to the Capital Securities Preferred Securities, and that the Guarantor shall be liable as principal and as debtor hereunder to make Guarantee Payments pursuant to the terms of this Preferred Securities Guarantee notwithstanding the occurrence of any event referred to in subsections (a) through (g), inclusive, of Section 4.3 5.4 hereof.
Appears in 7 contracts
Samples: Preferred Securities Guarantee Agreement (Vanstar Financing Trust), Preferred Securities Guarantee Agreement (Feg Holdings Inc), Securities Guarantee Agreement (Suiza Foods Corp)
Independent Obligations. The Guarantor acknowledges that its obligations hereunder are independent of the obligations of the Issuer Trust with respect to the Capital Trust Preferred Securities and that the Guarantor shall be liable as principal and as debtor hereunder to make Guarantee Payments pursuant to the terms of this Trust Guarantee notwithstanding the occurrence of any event referred to in subsections (a1) through (g7), inclusive, of Section 4.3 hereof5.03.
Appears in 6 contracts
Samples: Trust Guarantee Agreement (Hawaiian Electric Co Inc), Trust Guarantee Agreement (Maui Electric Co LTD), Trust Guarantee Agreement (Hawaiian Electric Co Inc)
Independent Obligations. The Guarantor Each of the Guarantors acknowledges that its obligations hereunder are independent of the obligations of the Issuer Trust with respect to the Capital Securities and that the Guarantor it shall be liable as principal and as debtor hereunder to make Guarantee Payments or Additional Guarantee Payments, as the case may be, pursuant to the terms of this Guarantee Agreement notwithstanding the occurrence of any event referred to in subsections (a) through (g), inclusive, of Section 4.3 5.3 hereof.
Appears in 6 contracts
Samples: Guarantee Agreement (Popular Inc), Guarantee Agreement (Popular Inc), Guarantee Agreement (Popular North America Capital Trust I)
Independent Obligations. The Guarantor acknowledges that its obligations hereunder are independent of the obligations of the Issuer with respect to the Capital Securities Debentures, and that the Guarantor shall be liable as principal and as debtor hereunder to make Guarantee Payments all payments with respect to the Debentures pursuant to the terms of this Guarantee Agreement notwithstanding the occurrence of any event referred to in subsections (a) through (ge), inclusive, of Section 4.3 5.3 hereof.
Appears in 6 contracts
Samples: Senior Debt Securities Guarantee Agreement (Renaissancere Holdings LTD), Junior Subordinated Debt Securities Guarantee Agreement (Renaissancere Holdings LTD), Subordinated Debt Securities Guarantee Agreement (Renaissancere Holdings LTD)
Independent Obligations. The Guarantor acknowledges that its obligations hereunder are independent of the obligations of the Issuer with respect to the Capital Securities and that the Guarantor shall be liable as principal and as debtor hereunder to make Guarantee Payments pursuant to the terms of this Guarantee notwithstanding the occurrence of any event referred to in subsections (a) through (g), inclusive, of Section 4.3 5.3 hereof.
Appears in 6 contracts
Samples: Guarantee Agreement (Fpic Capital Trust V), Guarantee Agreement (Fulton Capital Trust IV), Guarantee Agreement (Fulton Capital Trust IV)
Independent Obligations. The Guarantor acknowledges that its ----------------------- obligations hereunder are independent of the obligations of the Issuer with respect to the Capital Preferred Securities and that the Guarantor shall be liable as principal and as debtor hereunder to make Guarantee Payments pursuant to the terms of this Guarantee Agreement notwithstanding the occurrence of any event referred to in subsections (a) through (g), inclusive, of Section 4.3 5.3 hereof.
Appears in 6 contracts
Samples: Guarantee Agreement (Sempra Energy Capital Trust Ii), Guarantee Agreement (Sempra Energy Global Enterprises), Guarantee Agreement (Sempra Energy Global Enterprises)
Independent Obligations. The Guarantor acknowledges that its obligations hereunder are independent of the obligations of the Issuer CFB Capital with respect to the Capital Securities Securities, and that the Guarantor shall be liable as principal and as debtor hereunder to make Guarantee Payments pursuant to the terms of this Capital Securities Guarantee notwithstanding the occurrence of any event referred to in subsections (a) through (g), inclusive, of Section 4.3 hereof5.3.
Appears in 6 contracts
Samples: Capital Securities Guarantee Agreement (Community First Bankshares Inc), Capital Securities Guarantee Agreement (Community First Bankshares Inc), Guarantee Agreement (Community First Bankshares Inc)
Independent Obligations. The Guarantor acknowledges that ----------------------- its obligations hereunder are independent of the obligations of the Issuer with respect to the Capital Securities and that the Guarantor shall be liable as principal and as debtor hereunder to make Guarantee Payments pursuant to the terms of this Guarantee notwithstanding the occurrence of any event referred to in subsections (a) through (g), inclusive, of Section 4.3 hereof.
Appears in 6 contracts
Samples: Guarantee Agreement (Nicolet Bankshares Inc), Guarantee Agreement (Community Capital Bancshares Inc), Guarantee Agreement (First Banks, Inc)
Independent Obligations. The Guarantor acknowledges that its obligations hereunder are independent of the obligations of the Issuer Trust with respect to the Capital Securities Securities, and that the Guarantor shall be liable as principal and as debtor hereunder to make the Guarantee Payments pursuant to the terms of this Guarantee notwithstanding the occurrence of any event referred to in subsections (a5.3(a) through (g5.3(g), inclusive, of Section 4.3 hereof.
Appears in 5 contracts
Samples: Guarantee Agreement (Merrill Lynch & Co Inc), Guarantee Agreement (Merrill Lynch Capital Trust II), Guarantee Agreement (Merrill Lynch & Co Inc)
Independent Obligations. The Guarantor acknowledges that its obligations hereunder are independent of the obligations of the Issuer with respect to the Capital Securities Securities, and that the Guarantor shall be liable as principal and as debtor hereunder to make Guarantee Payments pursuant to the terms of this Capital Securities Guarantee notwithstanding the occurrence of any event referred to in subsections (a) through (gf), inclusive, of Section 4.3 5.3 hereof.
Appears in 5 contracts
Samples: Guarantee Agreement (Prudential Financial Inc), Agreement (Metlife Capital Trust I), Securities Guarantee Agreement (Metlife Capital Trust I)
Independent Obligations. The Guarantor acknowledges that its obligations hereunder are independent of the obligations of the Issuer with respect to the Capital Partnership Preferred Securities and that the Guarantor shall be liable as principal and as debtor hereunder to make Guarantee Payments pursuant to the terms of this Partnership Guarantee notwithstanding the occurrence of any event referred to in subsections (a) through (gf), inclusive, of Section 4.3 2.3 hereof.
Appears in 5 contracts
Samples: Partnership Preferred Securities Guarantee Agreement (Uds Funding Ii Lp), Partnership Preferred Securities Guarantee Agreement (Merrill Lynch Preferred Capital Trust Iv), Partnership Preferred Securities Guarantee Agreement (Merrill Lynch Preferred Funding Vi L P)
Independent Obligations. The Guarantor acknowledges that its obligations hereunder are independent of the obligations of the Issuer Trust with respect to the Capital Securities Trust Preferred Securities, and that the Guarantor shall be liable as principal and as debtor hereunder to make Guarantee Payments pursuant to the terms of this Guarantee notwithstanding the occurrence of any event referred to in subsections (a5.3(a) through (g5.3(g), inclusive, of Section 4.3 hereof.
Appears in 5 contracts
Samples: Guarantee Agreement (Omnicare Capital Trust Iii), Guarantee Agreement (NCS of Illinois Inc), Guarantee Agreement (Omnicom Capital Trust Iii)
Independent Obligations. The Guarantor acknowledges that its obligations hereunder are independent of the obligations of the Issuer Company with respect to the Capital Securities Debentures and that the Guarantor shall be liable as principal and as debtor hereunder to make Guarantee Payments pay, observe and perform the Guaranteed Obligations pursuant to the terms of this Guarantee notwithstanding the occurrence of any event referred to in subsections (aa)(1) through (ga)(8), inclusive, of Section 4.3 11.03 hereof.
Appears in 5 contracts
Samples: Heco Capital Trust Ii, Hawaiian Electric Co Inc, Hawaiian Electric Co Inc
Independent Obligations. The Guarantor acknowledges that its obligations hereunder are independent of the obligations of the Issuer with respect to the Capital Common Securities and that the Guarantor shall be liable as principal and as debtor hereunder to make Guarantee Payments pursuant to the terms of this Common Securities Guarantee notwithstanding the occurrence of any event referred to in subsections (a) through (g), inclusive, of Section 4.3 2.4 hereof.
Appears in 5 contracts
Samples: Common Securities Guarantee Agreement (Fleetwood Capital Trust Iii), Common Securities Guarantee Agreement (Fleetwood Enterprises Inc/De/), K N Capital Trust Iii
Independent Obligations. 15 19 The Guarantor acknowledges that its obligations hereunder are independent of the obligations of the Issuer with respect to the Capital Securities Preferred Securities, and that the Guarantor shall be liable as principal and as debtor hereunder to make Guarantee Payments pursuant to the terms of this Preferred Securities Guarantee notwithstanding the occurrence of any event referred to in subsections (a) through (g), inclusive, of Section 4.3 5.3 hereof.
Appears in 5 contracts
Samples: Preferred Securities Guarantee Agreement (Kmart Corp), Preferred Securities Guarantee Agreement (Kmart Corp), Preferred Securities Guarantee Agreement (Kmart Corp)
Independent Obligations. The Guarantor acknowledges that its obligations hereunder are independent of the obligations of the Issuer with respect to the Capital Securities Preferred Securities, and that the Guarantor shall be liable as principal and as debtor hereunder to make Guarantee Payments pursuant to the terms of this Preferred Securities Guarantee notwithstanding the occurrence of any event referred to in subsections (a) through (g), inclusive, of Section 4.3 hereof5.03.
Appears in 5 contracts
Samples: Preferred Securities Guarantee Agreement (Max USA Holdings Ltd.), Securities Guarantee Agreement (Axis Capital Holdings LTD), Preferred Securities Guarantee Agreement (Alterra Finance LLC)
Independent Obligations. The Guarantor acknowledges that its obligations hereunder are independent of the obligations of the Issuer Trust with respect to the Capital Securities and that the Guarantor shall be liable as principal and as debtor hereunder to make Guarantee Payments pursuant to the terms of this Guarantee Agreement notwithstanding the occurrence of any event referred to in subsections (a) through (g), inclusive, of Section 4.3 hereof5.3.
Appears in 5 contracts
Samples: Guarantee Agreement (Wells Fargo & Co/Mn), Guarantee Agreement (Wells Fargo & Co/Mn), Guarantee Agreement (Wells Fargo & Co/Mn)
Independent Obligations. The Guarantor acknowledges that its obligations hereunder are independent of the obligations of the Issuer with respect to the Capital Trust Securities and that the Guarantor shall be liable as principal and as debtor hereunder to make Guarantee Payments pursuant to the terms of this Guarantee Agreement notwithstanding the occurrence of any event referred to in subsections (a) through (g), inclusive, of Section 4.3 5.3 hereof.
Appears in 5 contracts
Samples: Guarantee Agreement (Republic New York Corp), Guarantee Agreement (Republic New York Corp), Guarantee Agreement (Republic New York Capital I)
Independent Obligations. The Guarantor acknowledges that its obligations hereunder are independent of the obligations of the Issuer Trust with respect to the Capital Securities Preferred Securities, and that the Guarantor shall be liable as principal and as debtor hereunder to make Guarantee Payments pursuant to the terms of this Preferred Securities Guarantee notwithstanding the occurrence of any event referred to in subsections (a) through (g), ) inclusive, of Section 4.3 5.4 hereof.
Appears in 4 contracts
Samples: Securities Guarantee Agreement (Finova Finance Trust), Preferred Securities Guarantee Agreement (Warnaco Group Inc /De/), Preferred Securities Guarantee Agreement (Central Parking Corp)
Independent Obligations. The Guarantor acknowledges that its obligations hereunder are independent of the obligations of the Issuer Trust with respect to the Preferred Capital Securities and that the Guarantor shall be liable as principal and as debtor hereunder to make Guarantee Payments pursuant to the terms of this Guarantee Agreement notwithstanding the occurrence of any event referred to in subsections (a) through (g), inclusive, of Section 4.3 5.3 hereof.
Appears in 4 contracts
Samples: Guarantee Agreement (SBCF Capital Trust IV), Guarantee Agreement (HMB Capital Trust III), Guarantee Agreement (SCBT Financial Corp)
Independent Obligations. The Guarantor acknowledges that its obligations hereunder are independent of the obligations of the Issuer Trust with respect to the Capital Securities and that the Guarantor shall be liable as principal and as debtor hereunder to make Guarantee Payments pursuant to the terms of this Capital Securities Guarantee notwithstanding the occurrence of any event referred to in subsections (a) through (g), inclusive, of Section 4.3 5.3 hereof.
Appears in 4 contracts
Samples: Securities Guarantee Agreement (Downey Financial Capital Trust Iii), Downey Financial Capital Trust I, Downey Financial Capital Trust Iii
Independent Obligations. The Guarantor acknowledges that its ----------------------- obligations hereunder are independent of the obligations of the Issuer with respect to the Capital Securities and that the Guarantor shall be liable as principal and as debtor hereunder to make Guarantee Payments pursuant to the terms of this Guarantee notwithstanding the occurrence of any event referred to in subsections (a) through (g), inclusive, of Section 4.3 hereof.
Appears in 4 contracts
Samples: Guarantee Agreement (Gateway Bancshares Inc /Ga/), Guarantee Agreement (New South Bancshares Inc), Guarantee Agreement (Alabama National Bancorporation)
Independent Obligations. The Guarantor acknowledges that its obligations hereunder are independent of the obligations of the Issuer with respect to the Capital Securities TECONS, and that the Guarantor shall be liable as principal and as debtor hereunder to make Guarantee Payments pursuant to the terms of this Preferred Securities Guarantee notwithstanding the occurrence of any event referred to in subsections (a) through (g), inclusive, of Section 4.3 5.03 hereof.
Appears in 4 contracts
Samples: Preferred Securities Guarantee Agreement (CNF Transportation Inc), Preferred Securities Guarantee Agreement (Wendys International Inc), Preferred Securities Guarantee Agreement (Nuevo Energy Co)
Independent Obligations. The Guarantor acknowledges that its obligations hereunder are independent of the obligations of the Issuer with respect to the Capital Securities Preferred Securities, and that the Guarantor shall be liable as principal and as debtor hereunder to make Guarantee Payments pursuant to the terms of this Preferred Securities Guarantee notwithstanding the occurrence of any event referred to in subsections (a) through (g), inclusive, of Section 4.3 hereof5.04.
Appears in 4 contracts
Samples: Preferred Securities Guarantee Agreement (FBL Financial Group Inc), Preferred Securities Guarantee Agreement (American Equity Investment Life Holding Co), Preferred Securities Guarantee Agreement (Ohio Casualty Corp)
Independent Obligations. The New Guarantor acknowledges that its obligations hereunder are independent of the obligations of the Issuer with respect to the Capital Partnership Preferred Securities and that the New Guarantor shall be liable as principal and as debtor hereunder to make Guarantee Payments pursuant to the terms of this Partnership Guarantee notwithstanding the occurrence of any event referred to in subsections (a) through (gf), inclusive, of Section 4.3 2.3 hereof.
Appears in 4 contracts
Samples: Partnership Preferred Securities Guarantee Agreement (BAC Capital Trust XVII), Partnership Preferred Securities Guarantee Agreement (BAC Capital Trust XVII), Partnership Preferred Securities Guarantee Agreement (BAC Capital Trust XVII)
Independent Obligations. The Guarantor acknowledges that its obligations hereunder are independent of the obligations of the Issuer with respect to the Capital Securities Junior Subordinated Notes, and that the Guarantor shall be liable as principal and as debtor hereunder to make Guarantee Payments all payments with respect to the Junior Subordinated Notes pursuant to the terms of this Guarantee Agreement notwithstanding the occurrence of any event referred to in subsections (a) through (ge), inclusive, of Section 4.3 5.3 hereof.
Appears in 4 contracts
Samples: Debt Securities Guarantee Agreement (RenaissanceRe Finance Inc.), Debt Securities Guarantee Agreement (RenaissanceRe Finance Inc.), Debt Securities Guarantee Agreement (RenRe North America Holdings Inc.)
Independent Obligations. The Guarantor acknowledges that its obligations hereunder are independent of the obligations of the Issuer with respect to the Capital Securities Securities, and that the Guarantor shall be liable as principal and as debtor hereunder to make Guarantee Payments pursuant to the terms of this Securities Guarantee notwithstanding the occurrence of any event referred to in subsections (a) through (g), inclusive, of Section 4.3 5.3 hereof.
Appears in 4 contracts
Samples: Securities Guarantee Agreement (Washington Water Power Capital Iii), Securities Guarantee Agreement (Washington Water Power Capital Iii), Guarantee Agreement (Washington Water Power Co)
Independent Obligations. The Guarantor acknowledges that its obligations hereunder are independent of the obligations of the Issuer with respect to the Capital Partnership Preferred Securities and that the Guarantor shall be liable as principal and as debtor hereunder to make Guarantee Payments pursuant to the terms of this Partnership Guarantee Agreement notwithstanding the occurrence of any event referred to in subsections (a) through (g), inclusive, of Section 4.3 2.3 hereof.
Appears in 4 contracts
Samples: Enron Preferred Funding Ii L P, Enron Capital Trust I, Enron Capital Trust I
Independent Obligations. The Guarantor acknowledges that its obligations hereunder are independent of the obligations of the Issuer with respect to the Capital Securities Notes, and that the Guarantor shall be liable as principal and as debtor hereunder to make Guarantee Payments all payments with respect to the Notes pursuant to the terms of this Guarantee Agreement notwithstanding the occurrence of any event referred to in subsections (a) through (ge), inclusive, of Section 4.3 5.03 hereof.
Appears in 4 contracts
Samples: Guarantee Agreement (Partnerre LTD), Senior Debt Securities Guarantee Agreement (Partnerre LTD), Guarantee Agreement (Partnerre Capital Trust Iii)
Independent Obligations. The Guarantor acknowledges that its obligations hereunder are independent of the obligations of the Issuer with respect to the Capital Securities Subordinated Notes, and that the Guarantor shall be liable as principal and as debtor hereunder to make Guarantee Payments all payments with respect to the Subordinated Notes pursuant to the terms of this Guarantee Agreement notwithstanding the occurrence of any event referred to in subsections (a) through (ge), inclusive, of Section 4.3 5.3 hereof.
Appears in 4 contracts
Samples: Securities Guarantee Agreement (RenRe North America Holdings Inc.), Securities Guarantee Agreement (RenaissanceRe Finance Inc.), Securities Guarantee Agreement (RenaissanceRe Finance Inc.)
Independent Obligations. The Guarantor acknowledges that its obligations hereunder are independent of the obligations of the Issuer with respect to the Capital Securities Trust Securities, and that the Guarantor shall be liable as principal and as debtor hereunder to make Guarantee Payments pursuant to the terms of this Trust Securities Guarantee notwithstanding the occurrence of any event referred to in subsections (a) through (g), inclusive, of Section 4.3 5.3 hereof.
Appears in 4 contracts
Samples: Guarantee Agreement (Affiliated Managers Group Inc), Guarantee Agreement (Affiliated Managers Group Inc), Guarantee Agreement (Boston Private Financial Holdings Inc)
Independent Obligations. The Guarantor acknowledges that its obligations hereunder are independent of the obligations of the Issuer Trust with respect to the Capital Securities HIGH TIDES and that the Guarantor shall (without duplication of amounts paid by or on behalf of the Trust) be liable as principal and as debtor hereunder to make Guarantee Payments pursuant to the terms of this Guarantee Agreement notwithstanding the occurrence of any event referred to in subsections (a) through (g), inclusive, of Section 4.3 5.03 hereof, but subject to Section 6.01 hereof.
Appears in 4 contracts
Samples: Guarantee Agreement (Calpine Corp), Agreement (Calpine Corp), Preferred Securities Guarantee Agreement (Titan Corp)
Independent Obligations. The Guarantor acknowledges that its obligations hereunder are independent of the obligations of the Issuer with respect to the Capital Securities Preferred Securities, and that the Guarantor shall be liable as principal and as debtor hereunder to make Guarantee Payments pursuant to the terms of this Guarantee notwithstanding the occurrence of any event referred to in subsections (a) through (g), inclusive, of Section 4.3 5.3 hereof.
Appears in 4 contracts
Samples: Guarantee Agreement (Waccamaw Bankshares Inc), Guarantee Agreement (Nexity Financial Corp), Preferred Securities Guarantee Agreement (Centurytel Inc)
Independent Obligations. The Guarantor acknowledges that its obligations hereunder are independent of the obligations of the Issuer with respect to the Capital Securities and that the Guarantor shall be liable as principal and as debtor hereunder to make Guarantee Payments pursuant to the terms of this Guarantee Agreement notwithstanding the occurrence of any event referred to in subsections (a) through (g), inclusive, inclusive of Section 4.3 5.3 hereof.
Appears in 4 contracts
Samples: Securities Guarantee Agreement (Aon Corp), Securities Guarantee Agreement (Aon Corp), Capital Securities Guarantee Agreement (Dominion Resources Inc /Va/)
Independent Obligations. The Guarantor acknowledges that its obligations hereunder are independent of the obligations of the Company with respect to the Debentures and of the obligations of the Issuer with respect to the Capital Securities and that the Guarantor shall be liable as principal and as debtor hereunder to make Guarantee Payments pursuant to the terms of this Guarantee notwithstanding the occurrence of any event referred to in subsections (a) through (g), inclusive, of Section 4.3 hereof.
Appears in 4 contracts
Samples: Parent Guarantee Agreement (American Safety Insurance Holdings LTD), Parent Guarantee Agreement (CastlePoint Holdings, Ltd.), Parent Guarantee Agreement (CastlePoint Holdings, Ltd.)
Independent Obligations. The Guarantor acknowledges that its obligations hereunder are independent of the obligations of the Issuer with respect to the Capital Trust Securities and that the Guarantor shall be liable as principal and as debtor hereunder to make Guarantee Payments pursuant to the terms of this Guarantee Agreement notwithstanding the occurrence of any event referred to in subsections (a) through (g), inclusive, of Section 4.3 hereof5.03.
Appears in 4 contracts
Samples: Guarantee Agreement (Southern Financial Capital Trust I), Guarantee Agreement (Highlands Capital Trust I), Guarantee Agreement (Guaranty Capital Trust I)
Independent Obligations. The Guarantor acknowledges that its obligations hereunder are independent of the obligations of the Issuer with respect to the Capital Securities Preferred Securities, and that the Guarantor shall be liable as principal and as debtor hereunder to make Guarantee Payments pursuant to the terms of this Preferred Securities Guarantee notwithstanding the occurrence of any event referred to in subsections (a) through (gf), inclusive, of Section 4.3 5.3 hereof.. ARTICLE VI
Appears in 4 contracts
Samples: Guarantee Agreement (Prudential Financial Capital Trust Ii), Preferred Securities Guarantee Agreement (Prudential Financial Capital Trust Ii), Preferred Securities Guarantee Agreement (Prudential Financial Capital Trust Ii)
Independent Obligations. The Guarantor acknowledges that its obligations hereunder are independent of the obligations of the Issuer with respect to the Capital Securities Common Securities, and that the Guarantor shall be liable as principal and as debtor hereunder to make Guarantee Payments pursuant to the terms of this Common Securities Guarantee notwithstanding the occurrence of any event referred to in subsections (a) through (g), inclusive, of Section 4.3 2.4 hereof.
Appears in 4 contracts
Samples: Common Securities Guarantee Agreement (Colonial Capital Trust Iv), Guarantee Agreement (Ace LTD), Guarantee Agreement (Ace LTD)
Independent Obligations. The Guarantor acknowledges that its obligations hereunder are independent of the obligations of the Issuer Trust with respect to the Capital Securities and that the Guarantor shall be liable as principal and as debtor hereunder to make Guarantee Payments pursuant to the terms of this Guarantee Agreement notwithstanding the occurrence of any event referred to in subsections (a) through (g), inclusive, of Section 4.3 5.3 hereof.
Appears in 4 contracts
Samples: Guarantee Agreement (First Bank System Inc), Guarantee Agreement (First Bank System Inc), Guarantee Agreement (First Bank System Inc)
Independent Obligations. The Guarantor acknowledges that its obligations hereunder are independent of the obligations of the Issuer with respect to the Capital Trust Securities and that the Guarantor shall (without duplication of amounts paid by or on behalf of the Issuer) be liable as principal and as debtor hereunder to make Guarantee Payments pursuant to the terms of this Guarantee Agreement notwithstanding the occurrence of any event referred to in subsections (a) through (g), inclusive, of Section 4.3 5.03 hereof.
Appears in 4 contracts
Samples: Guarantee Agreement (Coltec Capital Trust), Guarantee Agreement (Enpro Industries Inc), Guarantee Agreement (Enpro Industries Inc)
Independent Obligations. The Guarantor acknowledges that its obligations hereunder are independent of the obligations of the Issuer with respect to the Capital Preferred Securities and that the Guarantor shall be liable as principal and as debtor hereunder to make Guarantee Payments pursuant to the terms of this Preferred Securities Guarantee notwithstanding the occurrence of any event referred to in subsections (a) through (g), inclusive, of Section 4.3 5.3 hereof.
Appears in 4 contracts
Samples: Preferred Securities Guarantee Agreement (Countrywide Capital Ii), Preferred Securities Guarantee Agreement (Bear Stearns Companies Inc), Preferred Securities Guarantee Agreement (Bear Stearns Companies Inc)
Independent Obligations. The Guarantor acknowledges that its obligations hereunder are independent of the obligations of the Issuer Trust with respect to the Capital Securities Trust Preferred Securities, and that the Guarantor shall be liable as principal and as debtor hereunder to make Guarantee Payments pursuant to the terms of this Trust Guarantee notwithstanding the occurrence of any event referred to in subsections (a) through (g), inclusive, of Section 4.3 5.3 hereof.
Appears in 3 contracts
Samples: Trust Preferred Securities Guarantee Agreement (Hawaiian Electric Industries Capital Trust Ii), Trust Preferred Securities Guarantee Agreement (Hawaiian Electric Industries Inc), Trust Preferred Securities Guarantee Agreement (Hawaiian Electric Industries Inc)
Independent Obligations. The Guarantor acknowledges that its obligations hereunder are independent of the obligations of the Issuer Trust with respect to the Capital Preferred Securities and that the Guarantor shall be liable as principal and as debtor hereunder to make Guarantee Payments pursuant to the terms of this Guarantee Agreement notwithstanding the occurrence of any event referred to in subsections (a) through (gh), inclusive, of Section 4.3 5.3 hereof.
Appears in 3 contracts
Samples: Guarantee Agreement (Allegiant Bancorp Inc), Guarantee Agreement (Allegiant Capital Trust I), Guarantee Agreement (Allegiant Capital Trust Ii)
Independent Obligations. The Guarantor acknowledges that its obligations hereunder are independent of the obligations of the Issuer with respect to the Series B Capital Securities and that the Guarantor shall be liable as principal and as debtor hereunder to make Guarantee Payments pursuant to the terms of this Series B Guarantee notwithstanding the occurrence of any event referred to in subsections (a) through (g), inclusive, of Section 4.3 5.3 hereof.
Appears in 3 contracts
Samples: Guarantee Agreement (First Financial Capital Trust I), Guarantee Agreement (Us Bancorp Capital I), Series B (Dime Community Bancshares Inc)
Independent Obligations. The Guarantor acknowledges that its obligations hereunder are independent of the obligations of the Issuer Trust with respect to the Capital Trust Securities and that the Guarantor shall be liable as principal and as debtor hereunder to make Guarantee Payments pursuant to the terms of this Guarantee Agreement notwithstanding the occurrence of any event referred to in subsections (a) through (gf), inclusive, of Section 4.3 hereof5.3.
Appears in 3 contracts
Samples: Guarantee Agreement (Goldman Sachs Group Inc), Guarantee Agreement (Goldman Sachs Group Inc), Guarantee Agreement (Murray Street Investment Trust I)
Independent Obligations. The Guarantor acknowledges that its obligations hereunder are independent of the obligations of the Issuer Trust with respect to the Capital Trust Preferred Securities and that the Guarantor shall be liable as principal and as debtor hereunder to make Guarantee Payments pursuant to the terms of this Guarantee Agreement notwithstanding the occurrence of any event referred to in subsections (a) through (g), inclusive, of Section 4.3 hereof.5.3. Guarantee Agreement
Appears in 3 contracts
Samples: Guarantee Agreement (Us Bancorp \De\), Guarantee Agreement (USB Capital IX), Guarantee Agreement (Wachovia Capital Trust Iii)
Independent Obligations. The New Guarantor acknowledges that its obligations hereunder are independent of the obligations of the Issuer with respect to the Capital Securities Trust Preferred Securities, and that the New Guarantor shall be liable as principal and as debtor hereunder to make Guarantee Payments pursuant to the terms of this Trust Preferred Securities Guarantee notwithstanding the occurrence of any event referred to in subsections (a) through (g), inclusive, of Section 4.3 5.3 hereof.
Appears in 3 contracts
Samples: Trust Preferred Securities Guarantee Agreement (BAC Capital Trust XVII), Trust Preferred Securities Guarantee Agreement (BAC Capital Trust XVII), Trust Preferred Securities Guarantee Agreement (BAC Capital Trust XVII)
Independent Obligations. The Guarantor acknowledges that its obligations hereunder are independent of the obligations of the Issuer with respect to the Capital Trust Preferred Securities and that the Guarantor shall be liable as principal and as debtor debt or hereunder to make Guarantee Payments pursuant to the terms of this Guarantee Agreement notwithstanding the occurrence of any event referred to in subsections (a) through (g), inclusive, of Section 4.3 5.3 hereof.
Appears in 3 contracts
Samples: Guarantee Agreement (CNS Energy Trust Iii), Guarantee Agreement (CMS Energy Trust V), Guarantee Agreement (CMS Energy Trust V)
Independent Obligations. The Guarantor acknowledges that its ------------------------ obligations hereunder are independent of the obligations of the Issuer with respect to the Capital Securities and that the Guarantor shall be liable as principal and as debtor hereunder to make Guarantee Payments pursuant to the terms of this Guarantee notwithstanding the occurrence of any event referred to in subsections (a) through (g), inclusive, of Section 4.3 hereof.
Appears in 3 contracts
Samples: Guarantee Agreement (Florida Banks Inc), Guarantee Agreement (Florida Banks Inc), Guarantee Agreement (Florida Banks Inc)
Independent Obligations. The Guarantor acknowledges that its obligations hereunder are independent of the obligations of the Issuer Trust with respect to the Capital Securities Trust Preferred Securities, and that the Guarantor shall be liable as principal and as debtor hereunder to make Guarantee Payments pursuant to the terms of this Guarantee notwithstanding the occurrence of any event referred to in subsections (a) through (gh), inclusive, of Section 4.3 5.3 hereof.
Appears in 3 contracts
Samples: Trust Preferred Securities Guarantee Agreement (Agl Capital Trust Iii), Preferred Securities Guarantee Agreement (Agl Capital Trust Ii), Guarantee Agreement (Glacier Capital Trust I)
Independent Obligations. The Guarantor acknowledges that its obligations hereunder are independent of the obligations of the Issuer with respect to the Capital Preferred Trust Securities and that the Guarantor shall be liable as principal and as debtor hereunder to make Guarantee Payments pursuant to the terms of this Guarantee Agreement notwithstanding the occurrence of any event referred to in subsections (a) through (g), inclusive, of Section 4.3 5.03 hereof.
Appears in 3 contracts
Samples: Guarantee Agreement (Southwest Gas Corp), Guarantee Agreement (Southwest Gas Corp), Guarantee Agreement (Public Service Enterprise Group Inc)
Independent Obligations. The Additional Guarantor acknowledges that its obligations hereunder are independent of the obligations of the Issuer Trust with respect to the Capital Preferred Securities and the Original Guarantor with respect to the Original Guarantee, and that the Additional Guarantor shall be liable as principal and as debtor hereunder to make any Guarantee Payments pursuant to the terms of this Guarantee Agreement notwithstanding the occurrence of any event referred to in subsections paragraphs (ai) through (g), inclusive, vii) of Section 4.3 6(c) hereof.
Appears in 3 contracts
Samples: Preferred Securities Guarantee (At&t Broadband LLC), Preferred Securities Guarantee (At&t Broadband LLC), Preferred Securities Guarantee (At&t Broadband LLC)
Independent Obligations. The Guarantor acknowledges that its obligations hereunder are independent of the obligations of the Issuer Company with respect to the Capital Securities Debentures and that the Guarantor shall be liable as principal and as debtor hereunder to make Guarantee Payments pay, observe and perform the Guaranteed Obligations pursuant to the terms of this Guarantee notwithstanding the occurrence of any event referred to in subsections (aa)(1) through (ga)(8), inclusive, of Section 4.3 hereof11.03.
Appears in 3 contracts
Samples: Junior Indenture (Hawaiian Electric Co Inc), Junior Indenture (Hawaiian Electric Co Inc), Junior Indenture (Maui Electric Co LTD)
Independent Obligations. The Guarantor acknowledges that its obligations hereunder are independent of the obligations of the Issuer Trust with respect to the Capital Securities and that the Guarantor shall be liable as principal and as debtor hereunder to make Guarantee Payments pursuant to the terms of this Guarantee Agreement notwithstanding the occurrence of any event referred to in subsections (asubsections(a) through (g), inclusive, of Section 4.3 5.3 hereof.
Appears in 3 contracts
Samples: Guarantee Agreement (MSDW Capital Trust V), Guarantee Agreement (Morgan Stanley Dean Witter & Co), Guarantee Agreement (Pxre Capital Trust Iv)
Independent Obligations. The Guarantor acknowledges that its obligations hereunder are independent of the obligations of the Issuer with respect to the Capital Securities Preferred Securities, and that the Guarantor shall be liable as principal and as debtor hereunder to make Guarantee Payments pursuant to the terms of this Guarantee Agreement notwithstanding the occurrence of any event referred to in subsections (a) through (gf), inclusive, of Section 4.3 5.3 hereof.
Appears in 3 contracts
Samples: Guarantee Agreement (Partnerre LTD), Guarantee Agreement (Partnerre LTD), Guarantee Agreement (Partnerre LTD)
Independent Obligations. The Guarantor acknowledges that its obligations hereunder are independent of the obligations of the Issuer Trust with respect to the Capital Securities Trust PIERS, and that the Guarantor shall be liable as principal and as debtor hereunder to make Guarantee Payments pursuant to the terms of this Guarantee notwithstanding the occurrence of any event referred to in subsections (a5.3(a) through (g5.3(g), inclusive, of Section 4.3 hereof.
Appears in 3 contracts
Samples: Guarantee Agreement (Omnicare Inc), Guarantee Agreement (Omnicare Capital Trust Ii), Guarantee Agreement (Omnicare Inc)
Independent Obligations. The Guarantor acknowledges that its obligations hereunder are independent of the obligations of the Issuer with respect to the Capital Securities Trust Preferred Securities, and that the Guarantor shall be liable as principal and as debtor hereunder to make Guarantee Payments pursuant to the terms of this Guarantee Agreement notwithstanding the occurrence of any event referred to in subsections (a) through (g), inclusive, of Section 4.3 5.03 hereof.
Appears in 3 contracts
Samples: Preferred Securities Guarantee Agreement (Ally Financial Inc.), Preferred Securities Guarantee Agreement (Ally Financial Inc.), Preferred Securities Guarantee Agreement (Ally Financial Inc.)
Independent Obligations. The Guarantor acknowledges that its obligations hereunder are independent of the obligations of the Issuer with respect to the Capital Securities Securities, and that the Guarantor shall be liable as principal and as debtor hereunder under this Guarantee to make Guarantee Payments pursuant to the terms of this Guarantee notwithstanding the occurrence of any event referred to in subsections (a) through (g), inclusive, ) of Section 4.3 5.3 hereof.
Appears in 3 contracts
Samples: Guarantee Agreement (Ucu Capital Trust I), Guarantee Agreement (Nipsco Capital Trust I), Guarantee Agreement (Ucu Capital Trust I)
Independent Obligations. The Guarantor acknowledges that its obligations hereunder are independent of the obligations of the Issuer with respect to the Capital Preferred Securities and that the Guarantor shall be liable as principal and as debtor hereunder to make Guarantee Payments pursuant to the terms of this Guarantee Agreement notwithstanding the occurrence of any event referred to in subsections (a) through (g), inclusive, of Section 4.3 hereof.5.3. 14
Appears in 3 contracts
Samples: Guarantee Agreement (Simmons First National Corp), Guarantee Agreement (Simmons First National Corp), Guarantee Agreement (Simmons First National Corp)
Independent Obligations. The Guarantor acknowledges that its obligations hereunder are independent of the obligations of the Issuer with respect to the Capital Preferred Securities and that the Guarantor shall be liable as principal and as debtor hereunder to make Guarantee Payments pursuant to the terms of this Guarantee notwithstanding the occurrence of any event referred to in subsections (a) through (g), inclusive, of Section 4.3 5.3 hereof.
Appears in 3 contracts
Samples: Guarantee Agreement (Virginia Commerce Bancorp Inc), Guarantee Agreement (Southwest Bancorp Inc), Guarantee Agreement (Southwest Bancorp Inc)
Independent Obligations. The Guarantor acknowledges that its obligations hereunder are independent of the obligations of the Issuer with respect to the Capital Securities Preferred Securities, and that the Guarantor shall be liable as principal and as debtor hereunder to make Guarantee Payments pursuant to the terms of this Guarantee notwithstanding the occurrence of any event referred to in subsections (a) through (g), inclusive, of Section 4.3 hereof.Guarantee
Appears in 3 contracts
Samples: Preferred Securities Guarantee Agreement (Noram Financing Ii), Preferred Securities Guarantee Agreement (Noram Financing Ii), Preferred Securities Guarantee Agreement (Noram Financing Ii)
