Notation on Debentures. Debentures authenticated and delivered on or after the date hereof shall bear the following notation, which may be printed or typewritten thereon: “Effective March 12, 2007, National Mercantile Bancorp, a California corporation (the “Issuer”), was merged with and into First California Financial Group, Inc., a Delaware corporation (the “Successor Company”). Pursuant to the First Supplemental Indenture, dated as of March 12, 2007, the Successor Company has assumed the obligations of the Issuer and the performance of every covenant and condition of the Indenture on the part of the Issuer to be performed or observed.” If the Successor Company shall so determine, new Debentures so modified as to conform to the Indenture as hereby supplemented, in form satisfactory to the Trustee, may at any time hereafter be prepared and executed by the Successor Company and authenticated and delivered by the Trustee or the Authenticating Agent in exchange for the Debentures then outstanding, and thereafter the notation herein provided shall no longer be required. Anything herein or in the Indenture to the contrary notwithstanding, the failure to affix the notation herein provided as to any Debenture or to exchange any Debenture for a new Debenture modified as herein provided shall not affect any of the rights of the holder of such Debenture.
Appears in 1 contract
Sources: First Supplemental Indenture (First California Financial Group, Inc.)
Notation on Debentures. Debentures authenticated and delivered on or after the date hereof shall bear the following notation, which may be printed or typewritten thereon: “Effective March 12, 2007, National Mercantile FCB Bancorp, a California corporation (the “Issuer”), was merged with and into First California Financial Group, Inc., a Delaware corporation (the “Successor Company”). Pursuant to the First Supplemental Indenture, dated as of March 12, 2007, the Successor Company has assumed the obligations of the Issuer and the performance of every covenant and condition of the Indenture on the part of the Issuer to be performed or observed.” If the Successor Company shall so determine, new Debentures so modified as to conform to the Indenture as hereby supplemented, in form satisfactory to the Trustee, may at any time hereafter be prepared and executed by the Successor Company and authenticated and delivered by the Trustee or the Authenticating Agent in exchange for the Debentures then outstanding, and thereafter the notation herein provided shall no longer be required. Anything herein or in the Indenture to the contrary notwithstanding, the failure to affix the notation herein provided as to any Debenture or to exchange any Debenture for a new Debenture modified as herein provided shall not affect any of the rights of the holder of such Debenture.
Appears in 1 contract
Sources: Supplemental Indenture (First California Financial Group, Inc.)