Common use of Ranking Clause in Contracts

Ranking. This Preferred Securities Guarantee will constitute an unsecured obligation of the Guarantor and will rank (i) subordinate and junior in right of payment to all other liabilities of the Guarantor, (ii) pari passu with the most senior preferred or preference stock now or hereafter issued by the Guarantor and with any guarantee now or hereafter entered into by the Guarantor in respect of any preferred or preference stock of any Affiliate of the Guarantor, and (iii) senior to the Guarantor's common stock.

Appears in 37 contracts

Samples: Guarantee Agreement (Textron Inc), Guarantee Agreement (Citicorp), Guarantee Agreement (Citicorp)

Ranking. This Preferred Securities Guarantee will constitute an unsecured obligation of the Guarantor and will rank (i) subordinate and junior in right of payment to all other liabilities of the Guarantor, (ii) pari passu with the most senior preferred securities or preference stock now or hereafter issued by the Guarantor and with any guarantee now or hereafter entered into by the Guarantor in respect of any preferred securities or preference stock of any Affiliate of the Guarantor, and (iii) senior to the Guarantor's common stock.

Appears in 27 contracts

Samples: Preferred Securities Guarantee Agreement (Ifc Capital Trust I), Preferred Securities Guarantee Agreement (Abington Bancorp Capital Trust), Preferred Securities Guarantee Agreement (Premier Bancshares Inc /Ga)

Ranking. This Preferred Securities Guarantee will constitute an unsecured obligation of the Guarantor and will rank (i) subordinate and junior in right of payment to all other liabilities of the Guarantor, (ii) pari passu with the most senior preferred Preferred or preference stock now or hereafter issued by the Guarantor and with any guarantee now or hereafter entered into by the Guarantor in respect of any preferred Preferred or preference stock of any Affiliate of the Guarantor, and (iii) senior to the Guarantor's common stock.

Appears in 17 contracts

Samples: Preferred Securities Guarantee Agreement (Kmart Corp), Guarantee Agreement (Sun Healthcare Group Inc), Preferred Securities Guarantee Agreement (Kmart Corp)

Ranking. This Preferred Common Securities Guarantee will constitute an unsecured obligation of the Guarantor and will rank (i) subordinate and junior in right of payment to all other liabilities of the Guarantor, including the Subordinated Notes and the Preferred Securities Guarantee, except those liabilities of the Guarantor made pari passu or subordinate by their terms, (ii) pari passu with the most senior preferred or preference stock now or hereafter issued from time to time by the Guarantor and with any guarantee now or hereafter entered into by the Guarantor in respect of any preferred or preference stock of any Subsidiary or Affiliate of the Guarantor , except the Preferred Securities Guarantee, and (iii) senior to the Guarantor's common stock.

Appears in 15 contracts

Samples: Guarantee Agreement (Tci Communications Financing Vi), Guarantee Agreement (Tci Communications Financing Iv), Guarantee Agreement (Tci Communications Financing Iv)

Ranking. This Preferred Securities Guarantee will constitute an unsecured obligation of the Guarantor and will rank (i) subordinate and junior in right of payment to all other liabilities of the Guarantor , except those made pari passu or subordinate by their terms, (ii) pari passu with the most senior preferred or preference stock now or hereafter issued by the Guarantor and with any guarantee now or hereafter entered into by the Guarantor in respect of any preferred or preference stock of any Affiliate of the Guarantor, and (iii) senior to the Guarantor's common stock.

Appears in 14 contracts

Samples: Preferred Securities Guarantee Agreement (Countrywide Home Loans Inc), Preferred Securities Guarantee Agreement (Fleet Capital Trust I), Preferred Securities Guarantee Agreement (Fleet Capital Trust Vii)

Ranking. This Preferred Securities Guarantee will constitute an unsecured obligation of the Guarantor and will rank (i) subordinate and junior in right of payment to all other liabilities of the Guarantor, (ii) pari passu with the most senior preferred or preference stock now or hereafter issued by the Guarantor and with any guarantee now or hereafter entered into by the Guarantor in respect of any preferred Preferred or preference stock of any Affiliate of the Guarantor, and (iii) senior to the Guarantor's common stock.

Appears in 11 contracts

Samples: Preferred Securities Guarantee Agreement (Comcast Cable Trust Iii), Preferred Securities Guarantee Agreement (Citicorp), Guarantee Agreement (Phillips Petroleum Co)

Ranking. This Preferred Securities Guarantee will constitute an unsecured obligation of the Guarantor and will rank (i) subordinate and junior in right of payment to all other liabilities of the Guarantor Guarantor except those liabilities of the Guarantor made pari passu or subordinate by their terms, (ii) pari passu with the most senior preferred or preference stock now or hereafter issued by the Guarantor and with any guarantee now or hereafter entered into by the Guarantor in respect of any preferred or preference stock of any Affiliate of the Guarantor, and (iii) senior to the Guarantor's common stock.

Appears in 8 contracts

Samples: Guarantee Agreement (NSP Financing Ii), Preferred Securities Guarantee Agreement (American Heritage Life Investment Corp), Preferred Securities Guarantee Agreement (MCN Financing Iv)

Ranking. This Preferred Securities Guarantee will constitute an unsecured obligation of the Guarantor and will rank (i) subordinate and junior in right of payment to all other liabilities of the Guarantor , except any liabilities that may be made pari passu expressly by their terms, (ii) pari passu with the most senior preferred or preference stock now or hereafter issued by the Guarantor and with any guarantee now or hereafter entered into by the Guarantor in respect of any preferred or preference stock or Preferred Security of any Affiliate of the Guarantor, and (iii) senior to the Guarantor's common stock.

Appears in 8 contracts

Samples: Preferred Securities Guarantee Agreement (Quanta Capital Holdings LTD), Convertible Preferred Securities Guarantee Agreement (Calenergy Capital Trust Iii), Preferred Securities Guarantee Agreement (Endurance Specialty Holdings LTD)

Ranking. This Preferred Securities Guarantee will constitute constitutes an unsecured obligation of the Guarantor and will rank (i) subordinate and junior in right of payment to all other liabilities of the Guarantor, (ii) pari passu with the most senior preferred or preference stock now or hereafter issued by the Guarantor from time to time and with any guarantee now or hereafter entered into by the Guarantor in respect of any preferred or preference stock of any Affiliate of the Guarantor, and (iii) senior to the Guarantor's common stock.

Appears in 8 contracts

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

Ranking. This Preferred Securities Guarantee Agreement will constitute an unsecured obligation of the Guarantor and will rank (i) subordinate and junior in right of payment to all other liabilities of the Guarantor (other than the Common Securities Guarantee or any guarantee now or hereafter entered into by the Guarantor in respect of any preferred or preference stock of any Affiliate of the Guarantor ), (ii) pari passu with the most senior preferred or preference stock now or hereafter issued by the Guarantor and with any guarantee now or hereafter entered into by the Guarantor in respect of any preferred or preference stock of any Affiliate of the Guarantor, and (iii) senior to the Guarantor's common stock.

Appears in 8 contracts

Samples: Guarantee Agreement (Great Western Financial Corp), Guarantee Agreement (Great Western Financial Trust I /De/), Guarantee Agreement (Great Western Financial Trust I /De/)

Ranking. This Preferred Securities Guarantee will constitute constitutes an unsecured obligation of the Guarantor and will rank (i) subordinate and junior in right of payment to all other liabilities of the Guarantor, (ii) pari passu with the most senior preferred or preference stock now or hereafter issued by the Guarantor from time to time and with any guarantee now or hereafter entered into by the Guarantor in respect of any preferred or preference stock of any Affiliate of the Guarantor, Guarantor and (iii) senior to the Guarantor's common stock.

Appears in 7 contracts

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

Ranking. This Preferred Securities Guarantee will constitute an unsecured obligation of the Guarantor and will rank (i) subordinate and junior in right of payment to all other liabilities of the Guarantor Guarantor including the Debentures, except those liabilities of the Guarantor made pari passu or subordinate by their terms, (ii) pari passu with the most senior preferred or preference stock now or hereafter issued by the Guarantor and with any guarantee now or hereafter entered into by the Guarantor in respect of any preferred or preference stock of any Affiliate of the Guarantor, and (iii) senior to the Guarantor's common stock.

Appears in 7 contracts

Samples: Preferred Securities Guarantee Agreement (Puget Energy Inc /Wa), Guarantee Agreement (Consumers Energy Co Financing Ii), Guarantee Agreement (Consumers Power Co Financing I)

Ranking. This Preferred Securities Guarantee will constitute an unsecured obligation of the Guarantor and will rank ( i a) subordinate and junior in right of payment to all other liabilities Senior Debt, Subordinated Debt and Additional Senior Obligations (as defined in the Indenture) of the Guarantor, ( ii b) pari passu with the most senior preferred or preference stock now or hereafter issued by the Guarantor and with any guarantee now or hereafter entered into by the Guarantor in respect of any preferred securities or preference stock of any Affiliate of the Guarantor, Guarantor and ( iii c) senior to the most senior preferred securities or preference stock now or hereafter issued by the Guarantor and senior to the Guarantor's common stock.

Appears in 6 contracts

Samples: Preferred Securities Guarantee Agreement (Great Southern Capital Trust I), Preferred Securities Guarantee Agreement (S Y Bancorp Inc), Preferred Securities Guarantee Agreement (Republic Bancorp Inc)

Ranking. This Preferred Securities Guarantee Agreement will constitute an unsecured obligation of the Guarantor and will rank (i) subordinate and junior in right of payment to all other liabilities of the Guarantor , including the Notes, except those made pari passu or subordinate by their terms, (ii) pari passu with the most senior preferred or preference stock now or hereafter issued by the Guarantor and with any guarantee now or hereafter entered into by the Guarantor in respect of any preferred or preference stock of any Affiliate of the Guarantor, Guarantor and (iii) senior to the Guarantor's common stock.

Appears in 6 contracts

Samples: Preferred Securities Guarantee Agreement (Household Capital Trust Iv), Preferred Securities Guarantee Agreement (Household International Inc), Guarantee Agreement (Household Capital Trust Vii)

Ranking. (a) This Trust Preferred Securities Guarantee will constitute an unsecured obligation of the Guarantor and will rank (i) subordinate and junior in right of payment to all other liabilities of the Guarantor, (ii) pari passu with the most senior preferred or preference stock now or hereafter issued by the Guarantor and with any other guarantee now or hereafter entered into by the Guarantor in respect of any preferred or preference stock of any Affiliate of the Guarantor Finance Subsidiary, and (iii) senior to the Guarantor's common stock . Any similar guarantee given hereafter by the Guarantor with respect to Trust Preferred Securities that is silent as to seniority will rank pari passu with this Trust Preferred Securities Guarantee.

Appears in 6 contracts

Samples: Trust Preferred Securities Guarantee Agreement (Merrill Lynch Preferred Funding Vi L P), Trust Preferred Securities Guarantee Agreement (Uds Funding Ii Lp), Trust Preferred Securities Guarantee Agreement (Ultramar Diamond Shamrock Corp)

Ranking. This Preferred Common Securities Guarantee will constitute an unsecured obligation of the Guarantor and will rank (i) subordinate and junior in right of payment to all other liabilities of the Guarantor, (ii) pari passu with the most senior preferred or preference stock now or hereafter issued by the Guarantor and with any guarantee now or hereafter entered into by the Guarantor in respect of any preferred or preference stock of any Affiliate of the Guarantor, and (iii) senior to the Guarantor's common stock.

Appears in 6 contracts

Samples: Common Securities Guarantee Agreement (Consumers Energy Co Financing Iv), Common Securities Guarantee Agreement (Puget Energy Inc /Wa), Common Securities Guarantee Agreement (Laclede Capital Trust I)

Ranking. This Preferred Securities Investment Guarantee will constitute an unsecured obligation of the Guarantor and will rank (i) subordinate and junior in right of payment to all other liabilities of the Guarantor , including, without limitation, the fees, charges, expenses and indemnities due to the Property Trustee or the Delaware Trustee in respect of the Declaration of Trust, the Trust Preferred Securities Guarantee and the Affiliate Debenture Guarantee Agreement, (ii) pari passu with the most senior preferred or preference stock now or hereafter issued by the Guarantor and with any guarantee now or hereafter entered into by the Guarantor in respect of any preferred or preference stock security of any Affiliate of the Guarantor, and (iii) senior to the Guarantor's common stock.

Appears in 6 contracts

Samples: Affiliate Debenture Guarantee Agreement (Enron Capital Trust I), Affiliate Debenture Guarantee Agreement (Enron Preferred Funding Ii L P), Affiliate Debenture Guarantee Agreement (Enron Capital Trust Ii)

Ranking. This Preferred Securities Guarantee will constitute an unsecured obligation of the Guarantor and will rank (i) subordinate and junior in right of payment to all other liabilities of the Guarantor , except those liabilities of the Guarantor made pari passu or subordinate by their terms, (ii) pari passu with the most senior preferred or preference stock now or hereafter issued by the Guarantor and with any guarantee now or hereafter entered into by the Guarantor in respect of any preferred or preference stock of any Affiliate of the Guarantor, and (iii) senior to the Guarantor's common stock . If an Event of Default has occurred and is continuing under the Declaration, the rights of the holders of the Common Securities to receive any payments under the Common Securities Guarantee Agreement shall be subordinated to the rights of the Holders of Preferred Securities to receive Guarantee Payments hereunder.

Appears in 6 contracts

Samples: Guarantee Agreement (Conseco Inc), Guarantee Agreement (Conseco Inc Et Al), Preferred Securities Guarantee Agreement (Conseco Inc Et Al)

Ranking. This Preferred Securities Guarantee will constitute an unsecured obligation of the Guarantor and will rank (i) subordinate and junior in right of payment to all other liabilities of the Guarantor, (ii) pari passu on a parity with the most senior preferred or preference stock now or hereafter issued by the Guarantor and with any guarantee now or hereafter entered into by the Guarantor in respect of any preferred or preference stock securities of any Affiliate of the Guarantor, Guarantor and (iii) senior to the Guarantor's common stock . In addition, at all times such obligations will be structurally subordinated to the liabilities and obligations of the Guarantor's subsidiaries.

Appears in 6 contracts

Samples: Guarantee Agreement (Lehman Brothers Holdings Inc), Guarantee Agreement (Lehman Brothers Holdings Inc), Guarantee Agreement (Fw Preferred Capital Trust I)

Ranking. This Preferred Capital Securities Guarantee will constitute an unsecured obligation of the Guarantor and will rank (i) subordinate and junior in right of payment to all other liabilities liabilities, including contingent liabilities, of the Guarantor, (ii) pari passu with the most senior preferred or preference stock now or hereafter issued by the Guarantor and with any guarantee now or hereafter entered into by the Guarantor in respect of any preferred securities (including trust preferred securities) or preference stock of any Affiliate of the Guarantor, and (iii) senior to the Guarantor's common stock.

Appears in 6 contracts

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

Ranking. (a) This Preferred Securities Partnership Guarantee will constitute an unsecured obligation of the Guarantor and will rank (i) subordinate and junior in right of payment to all other liabilities of the Guarantor, (ii) pari passu with the most senior preferred or preference stock now or hereafter issued from time to time by the Guarantor and with any other guarantee now or hereafter entered into by the Guarantor in respect of any preferred or preference stock of any Affiliate of the Guarantor Finance Subsidiary, and (iii) senior to the Guarantor's common stock . Any similar guarantee given hereafter by the Guarantor with respect to Partnership Preferred Securities that is silent as to seniority will rank pari passu with this Partnership Guarantee.

Appears in 5 contracts

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

Ranking. This Preferred Securities Guarantee will constitute an unsecured obligation of the Guarantor and will rank (i) subordinate and junior in right of payment to all other liabilities liabilities, including contingent liabilities, of the Guarantor, (ii) pari passu with the most senior preferred or preference stock now or hereafter issued by the Guarantor and with any guarantee now or hereafter entered into by the Guarantor in respect of any preferred securities or preference stock of any Affiliate of the Guarantor, and (iii) senior to the Guarantor's common stock.

Appears in 5 contracts

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

Ranking. This Preferred Securities Guarantee will constitute an unsecured obligation of the Guarantor and will rank ( i a) subordinate and junior in right of payment to all other liabilities Senior Debt, Subordinated Debt and Additional Senior Obligations (as defined in the Indenture) of the Guarantor, ( ii b) pari passu with the most senior preferred securities or preference stock now or hereafter issued by the Guarantor and with any guarantee now or hereafter entered into by the Guarantor in respect of any preferred securities or preference stock of any Affiliate of the Guarantor, and ( iii c) senior to the Guarantor's common stock.

Appears in 5 contracts

Samples: Preferred Securities Guarantee Agreement (Mb Financial Inc /Md), Preferred Securities Guarantee Agreement (First America Capital Trust), Preferred Securities Guarantee Agreement (Great Southern Bancorp Inc)

Ranking. This Preferred Capital Securities Guarantee will constitute an unsecured obligation of the Guarantor and will rank (i) subordinate and junior in right of payment to all other liabilities liabilities, including contingent liabilities, of the Guarantor, (ii) pari passu with the most senior preferred or preference stock now or hereafter issued by the Guarantor and with any guarantee now or hereafter entered into by the Guarantor in respect of any preferred securities (including trust preferred securities) or preference stock of any Affiliate of the Guarantor, and (iii) senior to the Guarantor 's ’s common stock.

Appears in 5 contracts

Samples: Capital Securities Guarantee Agreement (Bank of America Corp /De/), Capital Securities Guarantee Agreement (Bac Capital Trust Xii), Capital Securities Guarantee Agreement (BAC Capital Trust XX)

Ranking. This Preferred Securities Guarantee Agreement will constitute an unsecured obligation of the Guarantor and will rank (i) subordinate and junior in right of payment to all other liabilities of the Guarantor , except for those liabilities made pari passu or junior by their terms to any liabilities of the Guarantor under this Guarantee Agreement, (ii) pari passu with the most senior preferred or preference stock now or hereafter issued by the Guarantor and with any guarantee now or hereafter entered into by the Guarantor in respect of any preferred or preference stock of any Affiliate of the Guarantor, and (iii) senior to the Guarantor's common stock.

Appears in 5 contracts

Samples: Common Securities Guarantee Agreement (Bergen Brunswig Corp), Preferred Securities Guarantee Agreement (Occidental Petroleum Corp /De/), Preferred Securities Guarantee Agreement (Bergen Brunswig Corp)

Ranking. This Preferred Securities Partnership Guarantee Agreement will constitute an unsecured obligation of the Guarantor and will rank (i) subordinate and junior in right of payment to all other liabilities of the Guarantor, (ii) pari passu with the most senior preferred or preference stock now or hereafter issued from time to time by the Guarantor and with any guarantee now or hereafter entered into by the Guarantor in respect of any preferred or preference stock security of any Affiliate of the Guarantor, and (iii) senior to the Guarantor's common stock . Any similar guarantee given hereafter by the Company with respect to Partnership Preferred Securities that is silent as to seniority will rank pari passu with this Partnership Guarantee Agreement.

Appears in 4 contracts

Samples: Partnership Guarantee Agreement (Enron Preferred Funding Ii L P), Partnership Guarantee Agreement (Enron Capital Trust I), Partnership Guarantee Agreement (Enron Capital Trust I)

Ranking. This Preferred Securities Guarantee will constitute an unsecured obligation of the Guarantor and will rank (i) subordinate and junior in right of payment to all other liabilities of the Guarantor, (ii) pari passu with the most senior preferred securities or preference stock now or hereafter issued by the Guarantor and with any guarantee now or hereafter entered into by the Guarantor in respect of to any preferred securities or preference stock of any Affiliate of the Guarantor, and (iii) senior to the Guarantor's common stock.

Appears in 4 contracts

Samples: Preferred Securities Guarantee Agreement (Rbi Capital Trust I), Preferred Securities Guarantee Agreement (Bankatlantic Bancorp Inc), Preferred Securities Guarantee Agreement (Ufh Capital Trust I)

Ranking. This Preferred Securities Guarantee will constitute an unsecured obligation of the Guarantor and will rank (i) subordinate and junior in right of payment to all other liabilities Senior Debt of the Guarantor, (ii) pari passu with the most senior preferred securities or preference stock now or hereafter issued by the Guarantor and with any guarantee now or hereafter entered into by the Guarantor in respect of to any preferred securities or preference stock of any Affiliate of the Guarantor, and (iii) senior to the Guarantor's common stock.

Appears in 4 contracts

Samples: Preferred Securities Guarantee Agreement (Crescent Capital Trust I), Preferred Securities Guarantee Agreement (Metropolitan Capital Trust I), Preferred Securities Guarantee Agreement (Metropolitan Financial Corp /Oh/)

Ranking. This Preferred Securities Guarantee will constitute an unsecured obligation of the Guarantor and will rank ( i a) subordinate and junior in right of payment to all other liabilities Senior Debt, Subordinated Debt and Additional Senior Obligations (as defined in the Indenture) of the Guarantor, ( ii b) pari passu with the most senior preferred or preference stock securities now or hereafter issued by the Guarantor and with any guarantee now or hereafter entered into by the Guarantor in respect of any preferred or preference stock securities of any Affiliate of the Guarantor, and ( iii c) senior to the Guarantor's common stock.

Appears in 4 contracts

Samples: Preferred Securities Guarantee Agreement (First Busey Capital Trust I), Preferred Securities Guarantee Agreement (Team Financial Capital Trust I), Preferred Securities Guarantee Agreement (Baylake Capital Trust I)

Ranking. This Preferred Securities Guarantee will constitute an unsecured obligation of the Guarantor and will rank (i) subordinate and junior in right of payment to all other liabilities of the Guarantor Guarantor except any liabilities (including the Other Guarantees, the Common Securities Guarantee and the Other Common Securities Guarantees) that may be pari passu or junior expressly by their terms, and (ii) pari passu with senior to the most senior preferred or preference Guarantor's capital stock now or hereafter issued by the Guarantor Guarantor, if any, and with any guarantee now or hereafter entered into by the Guarantor in respect of any preferred or preference stock of any Affiliate of the Guarantor , and (iii) senior . The foregoing subordination shall not apply to the Guarantor's common stock amounts payable under Article VIII.

Appears in 4 contracts

Samples: Preferred Securities Guarantee Agreement (Hercules Inc), Preferred Securities Guarantee Agreement (Hercules Inc), Preferred Securities Guarantee Agreement (Hercules Inc)

Ranking. This Preferred Securities Guarantee will constitute an unsecured obligation of the Guarantor and will rank (i) subordinate and junior in right of payment to all other liabilities Senior Debt of the Guarantor, (ii) pari passu with the most senior preferred securities or preference stock now or hereafter issued by the Guarantor and with any guarantee now or hereafter entered into by the Guarantor in respect of to any preferred securities or preference stock of any Affiliate of the Guarantor, and (iii) senior to the Guarantor's common stock.

Appears in 4 contracts

Samples: Preferred Securities Guarantee Agreement (Bankunited Capital Iii), Preferred Securities Guarantee Agreement (Southside Capital Trust I), Preferred Securities Guarantee Agreement (Bankunited Capital Iii)

Ranking. This Preferred Common Securities Guarantee will constitute an unsecured obligation of the Guarantor and will rank (i) subordinate and junior in right of payment to all other liabilities of the Guarantor, including the Subordinated Debentures and the Preferred Securities Guarantee, except those liabilities of the Guarantor made pari passu or subordinate by their terms, (ii) pari passu with the most senior preferred or preference stock now or hereafter issued from time to time by the Guarantor and with any guarantee now or hereafter entered into by the Guarantor in respect of any preferred or preference stock of any Subsidiary or Affiliate of the Guarantor , except the Preferred Securities Guarantee, and (iii) senior to the Guarantor's common stock . . ARTICLE IV

Appears in 4 contracts

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

Ranking. This Preferred Securities Investment Guarantee will constitute an unsecured obligation of the Guarantor and will rank (i) subordinate and junior in right of payment to all other liabilities of the Guarantor, (ii) pari passu with the most senior preferred or preference stock now or hereafter issued by the Guarantor and with any other guarantee now or hereafter entered into by the Guarantor in respect of any preferred or preference stock of any Affiliate of the Guarantor, and (iii) senior to the Guarantor's common stock . The holders of obligations of the Guarantor that are senior to the obligations under the Investment Guarantee (including, but not limited to, obligations constituting Senior Indebtedness) shall be entitled to the same rights in payment default or dissolution, liquidation and reorganization in respect of this Investment Guarantee that inure to the holders of Senior Indebtedness as against the holders of the Company Debenture specified in Sections 1102, 1103 and 1105 of the Company Indenture.

Appears in 3 contracts

Samples: Affiliate Debenture Guarantee Agreement (Merrill Lynch Preferred Capital Trust Ii), Affiliate Debenture Guarantee Agreement (Merrill Lynch Preferred Capital Trust Iv), Affiliate Debenture Guarantee Agreement (Merrill Lynch Preferred Funding Vi L P)

Ranking. This Preferred Securities Guarantee will constitute an unsecured obligation of the Guarantor and will rank (i) subordinate and junior in right of payment to all other liabilities of the Guarantor , except any liabilities that may be made pari passu or junior expressly by their terms, (ii) pari passu with the most senior preferred or preference stock now or hereafter issued by the Guarantor and with any guarantee now or hereafter entered into by the Guarantor in respect of any preferred or preference stock or preferred security of any Affiliate of the Guarantor, and (iii) senior to the Guarantor's common stock.

Appears in 3 contracts

Samples: Guarantee Agreement (Nationwide Financial Services Inc/), Guarantee Agreement (Nationwide Financial Services Inc/), Guarantee Agreement (Nationwide Financial Services Inc/)

Ranking. This Preferred Securities Guarantee will constitute an unsecured obligation of the Guarantor and will rank (i) subordinate and junior in right of payment to all other liabilities Senior Indebtedness of the Guarantor, (ii) pari passu with the most senior preferred securities or preference stock now or hereafter issued by the Guarantor and with any guarantee now or hereafter entered into by the Guarantor in respect of to any preferred securities or preference stock of any Affiliate of the Guarantor, and (iii) senior to the Guarantor's common stock.

Appears in 3 contracts

Samples: Preferred Securities Guarantee Agreement (Pennfed Capital Trust I), Preferred Securities Guarantee Agreement (Pittsburgh Home Capital Trust I), American Bancorporation Capital Trust I

Ranking. This Preferred Securities Guarantee will constitute an unsecured obligation of the Guarantor and will rank (i) subordinate and junior in right of payment to all other liabilities of the Guarantor , including the Debentures, except those liabilities of the Guarantor made pari passu or subordinate by their terms, (ii) pari passu with the most senior preferred or preference stock now or hereafter issued by the Guarantor and with any guarantee now or hereafter entered into by the Guarantor in respect of any preferred or preference stock of any Affiliate of the Guarantor, and (iii) senior to the Guarantor's common stock.

Appears in 3 contracts

Samples: Guarantee Agreement (Equitable of Iowa Companies Capital Trust), Guarantee Agreement (Arvin Capital I), Guarantee Agreement (Illinois Power Co)

Ranking. This Preferred Securities Guarantee Agreement will constitute an unsecured obligation of the Guarantor and will rank (i) subordinate and junior in right of payment to all other liabilities of the Guarantor , except for those liabilities made pari passu or junior by their terms to any liabilities of the Guarantor under this Guarantee Agreement, (ii) pari passu with the most senior preferred or preference stock now or hereafter issued by the Guarantor and with any guarantee now or hereafter entered into by the Guarantor in respect of any preferred or preference stock of any Affiliate of the Guarantor, and (iii) senior to the Guarantor's common stock [; provided, that, this Guarantee Agreement shall be pari passu with the guarantee issued by the Guarantor in connection with [ ]].

Appears in 3 contracts

Samples: Preferred Securities Guarantee Agreement (Bergen Brunswig Corp), Preferred Securities Guarantee Agreement (Oxy Capital Trust Iii), Bergen Brunswig Corp

Ranking. This Preferred Securities Guarantee will constitute constitutes an unsecured obligation of the Guarantor and will rank (i) subordinate and junior in right of payment to all other liabilities of the Guarantor, except those liabilities of the Guarantor expressly made PARI PASSU with or subordinate to this Preferred Securities Guarantee by their terms, (ii) pari passu PARI PASSU with the most senior preferred or preference stock now or hereafter issued by the Guarantor from time to time and with any guarantee now or hereafter entered into by the Guarantor in respect of any preferred or preference stock of any Affiliate of the Guarantor, Guarantor and (iii) senior to the Guarantor's common stock.

Appears in 3 contracts

Samples: Preferred Securities Guarantee Agreement (Xl Capital LTD), Preferred Securities Guarantee Agreement (Xl Capital LTD), Preferred Securities Guarantee Agreement (Xl Capital LTD)

Ranking. This Preferred Securities Guarantee Agreement will constitute an unsecured obligation of the Guarantor and will rank (i) subordinate and junior in right of payment to all other liabilities of the Guarantor , including the Debentures, (ii) pari passu with the most senior preferred or preference stock now or hereafter issued by the Guarantor and with any guarantee now or hereafter entered into by the Guarantor in respect of any preferred or preference stock of any Affiliate of the Guarantor, and (iii) senior to the Guarantor's common stock.

Appears in 3 contracts

Samples: Guarantee Agreement (Northwestern Corp), Guarantee Agreement (Northwestern Corp), Guarantee Agreement (Northwestern Capital Financing I)

Ranking. This Preferred Securities Guarantee will constitute an unsecured obligation of the Guarantor and will rank (i) subordinate and junior in right of payment to all other liabilities of the Guarantor, (ii) pari passu with the most senior preferred or preference stock now or hereafter issued by the Guarantor and with any guarantee now or hereafter entered into by the Guarantor in respect of any preferred or preference stock of any Affiliate of the Guarantor, and (iii) senior to the Guarantor's common stock Common Stock.

Appears in 3 contracts

Samples: Guarantee Agreement (Allstate Corp), Guarantee Agreement (Allstate Financing Vi), Preferred Securities Guarantee Agreement (Allstate Corp)

Ranking. (a) This Preferred Securities Guarantee will constitute an unsecured obligation of the Guarantor and will rank (i) subordinate and junior in right of payment to all other liabilities of the Guarantor Guarantor except any liabilities that may be pari passu expressly by their terms, (ii) pari passu with the most senior preferred or preference stock now or hereafter issued from time to time by the Guarantor and with any guarantee now or hereafter entered into by the Guarantor in respect of any preferred or preference stock or preferred securities of any Affiliate of the Guarantor, and (iii) senior to the Guarantor's common stock.

Appears in 3 contracts

Samples: Preferred Securities Guarantee Agreement (Warnaco Group Inc /De/), Preferred Securities Guarantee Agreement (Designer Holdings LTD), Preferred Securities Guarantee Agreement (Central Parking Corp)

Ranking. This Preferred Securities Guarantee will constitute an unsecured obligation of the Guarantor and will rank (i) subordinate and junior in right of payment to all other liabilities Senior Debt, Subordinated Debt and Additional Senior Obligations (as defined in the Indenture) of the Guarantor, (ii) pari passu with the most senior preferred securities or preference stock now or hereafter issued by the Guarantor and with any guarantee now or hereafter entered into by the Guarantor in respect of any preferred securities or preference stock of any Affiliate of the Guarantor, and (iii) senior to the Guarantor's common stock.

Appears in 3 contracts

Samples: Preferred Securities Guarantee Agreement (Indiana United Bancorp), Preferred Securities Guarantee Agreement (Intrust Capital Trust), Preferred Securities Guarantee Agreement (Independent Capital Trust)

Ranking. This Preferred Securities Guarantee Agreement will constitute an unsecured obligation of the Guarantor and will rank (i) subordinate and junior in right of payment to all other liabilities of the Guarantor, including the Subordinated Debentures, except those liabilities of the Guarantor made PARI PASSU or subordinate by their terms, (ii) pari passu PARI PASSU with the most senior preferred or preference stock now or hereafter issued by the Guarantor and with any guarantee now or hereafter entered into by the Guarantor in respect of any preferred or preference stock securities of any Affiliate of the Guarantor, and (iii) senior to the Guarantor's common stock.

Appears in 3 contracts

Samples: Preferred Securities Guarantee Agreement (Telephone & Data Systems Inc), Preferred Securities Guarantee Agreement (Telephone & Data Systems Inc), Preferred Securities Guarantee Agreement (Kansas City Power & Light Co)

Ranking. This Preferred Securities Guarantee will constitute an unsecured obligation of the Guarantor and will rank (i) subordinate and junior in right of payment to all other liabilities of the Guarantor , except those made pari passu or subordinate by their terms, (ii) pari passu with the most senior preferred or preference stock now or hereafter issued by the Guarantor and with any guarantee now or hereafter entered into by the Guarantor in respect of any preferred or preference stock of any Affiliate of the Guarantor, Guarantor and (iii) senior to the Guarantor's common Common Stock and any preferred or preference stock that is not the Guarantor's most senior preferred or preference stock.

Appears in 3 contracts

Samples: Preferred Securities Guarantee Agreement (James River Group, INC), Preferred Securities Guarantee Agreement (Proassurance Corp), Preferred Securities Guarantee Agreement (Proassurance Corp)

Ranking. This Preferred Securities Guarantee will constitute an unsecured obligation of the Guarantor and will rank (i) subordinate and junior in right of payment to all other liabilities of the Guarantor, (ii) pari passu on a parity with the most senior preferred or preference stock now or hereafter issued by the Guarantor and with any guarantee now or hereafter entered into by the Guarantor in respect of any preferred or preference stock securities of any Affiliate of the Guarantor, Guarantor and (iii) senior to the Guarantor 's ’s common stock . In addition, at all times such obligations will be structurally subordinated to the liabilities and obligations of the Guarantor’s subsidiaries.

Appears in 3 contracts

Samples: Guarantee Agreement (Lehman Brothers Holdings Inc), Guarantee Agreement (Lehman Brothers Holdings Inc), Guarantee Agreement (Lehman Brothers Holdings Inc)

Ranking. This Preferred Securities Guarantee will constitute ------- an unsecured obligation of the Guarantor and will rank ( i a) subordinate and junior in right of payment to all other liabilities Senior Debt, Subordinated Debt and Additional Senior Obligations (as defined in the Indenture) of the Guarantor, ( ii b) pari passu with the most senior preferred or preference stock now or hereafter issued by the Guarantor and with any guarantee now or hereafter entered into by the Guarantor in respect of any preferred securities or preference stock of any Affiliate of the Guarantor, Guarantor and ( iii c) senior to the most senior preferred securities or preference stock now or hereafter issued by the Guarantor and senior to the Guarantor's common stock.

Appears in 3 contracts

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

Ranking. This Preferred Securities Guarantee will constitute constitutes an unsecured obligation of the Guarantor and will rank (i) subordinate and junior in right of payment to all other liabilities of the Guarantor, except those liabilities of the Guarantor expressly made pari passu with or subordinate to this Preferred Securities Guarantee by their terms, (ii) pari passu with the most senior preferred or preference stock now or hereafter issued by the Guarantor from time to time and with any guarantee now or hereafter entered into by the Guarantor in respect of any preferred or preference stock of any Affiliate of the Guarantor, Guarantor and (iii) senior to the Guarantor's common stock.

Appears in 2 contracts

Samples: Preferred Securities Guarantee Agreement (Xl Capital LTD), Preferred Securities Guarantee Agreement (Delphi Financial Group Inc/De)

Ranking. This Preferred Securities Guarantee will shall constitute an unsecured obligation of the Guarantor and will shall rank ( i a) subordinate and junior in right of payment to all other general liabilities of the Guarantor, ( ii b) pari passu PARI PASSU with the senior most senior preferred or preference stock now or hereafter issued by the Guarantor and with any guarantee now or hereafter entered into issued by the Guarantor in respect of any preferred or preference stock of any Affiliate affiliate of the Guarantor, Guarantor and ( iii c) senior to the Guarantor's common stock.

Appears in 2 contracts

Samples: Guarantee Agreement (Public Service Co of Colorado), Guarantee Agreement (Public Service Co of Colorado)

Ranking. This Preferred Securities Guarantee will constitute an unsecured obligation of the Guarantor and will rank (i) subordinate and junior in right of payment to all other liabilities of the Guarantor , except any liabilities that may be made pari passu expressly by their terms, (ii) pari passu with the most senior preferred or preference stock now or hereafter issued by the Guarantor and with any guarantee now or hereafter entered into by the Guarantor in respect of any preferred or preference stock or Preferred Security of any Affiliate of the Guarantor, and (iii) senior to the Guarantor 's ’s common stock.

Appears in 2 contracts

Samples: Preferred Securities Guarantee Agreement (Max USA Holdings Ltd.), Preferred Securities Guarantee Agreement (Alterra Finance LLC)

Ranking. (a) This Preferred Securities Guarantee will constitute an unsecured obligation of the Guarantor and will rank (i) subordinate and junior in right of payment to all other liabilities of the Guarantor, (ii) pari passu with the most senior preferred or preference stock now or hereafter issued by the Guarantor and with any guarantee now or hereafter entered into by the Guarantor and with any guarantee now or hereafter entered into by the Guarantor in respect of any preferred or preference stock of any Affiliate of the Guarantor, Guarantor and (iii) senior to the Guarantor's common stock.

Appears in 2 contracts

Samples: Preferred Securities Guarantee Agreement (Travelers Insurance Group Holdings Inc), Travelers Insurance Group Holdings Inc

Ranking. This Preferred Securities Guarantee will constitute an unsecured obligation of the Guarantor and will rank (i) subordinate and junior in right of payment to all other liabilities of the Guarantor, (ii) pari passu with the most senior preferred or preference stock now or hereafter issued by the Guarantor and with any guarantee now or hereafter entered into by the Guarantor in respect of any preferred or preference stock of any Affiliate of the Guarantor, and (iii) senior to the Guarantor 's common stock ’s Common Stock.

Appears in 2 contracts

Samples: Guarantee Agreement (Allstate Financing X), Guarantee Agreement (Navigators Group Inc)

Ranking. This Preferred Securities Guarantee Agreement will constitute an unsecured obligation of the Guarantor and will rank (i) subordinate and junior in right of payment to all other liabilities of the Guarantor, including the Debentures, except those obligations or liabilities made equal or subordinate by their terms, (ii) pari passu equally with the most senior preferred or preference stock now or hereafter issued by the Guarantor and with any guarantee now or hereafter entered into by the Guarantor in respect of any preferred or preference stock of any Affiliate of the Guarantor, and (iii) senior to the Guarantor's common stock.

Appears in 2 contracts

Samples: Guarantee Agreement (Rli Corp), Guarantee Agreement (Harleysville Group Inc)

Ranking. This Preferred Securities Guarantee will constitute constitutes an unsecured obligation of the Guarantor and will rank (i) subordinate and junior in right of payment to all other liabilities of the Guarantor, (ii) pari passu with the most senior preferred or preference stock now or hereafter issued by the Guarantor from time to time and with any guarantee now or hereafter entered into by the Guarantor in respect of any preferred or preference stock of any subsidiary or Affiliate of the Guarantor, and (iii) senior to the Guarantor's common stock.

Appears in 2 contracts

Samples: Guarantee Agreement (Tci Communications Financing Vi), Guarantee Agreement (Tci Communications Financing Vi)

Ranking. This Preferred Securities Guarantee will constitute an unsecured obligation of the Guarantor and will rank (i) subordinate and junior in right of payment to all other liabilities of the Guarantor , except any liabilities that may be made pari passu expressly by their terms, (ii) pari passu with the most senior preferred or preference stock now or hereafter issued by the Guarantor and with any guarantee now or hereafter entered into by the Guarantor in respect of any preferred or preference stock or preferred security of any Affiliate of the Guarantor, and (iii) senior to the Guarantor's common stock.

Appears in 2 contracts

Samples: Preferred Securities Guarantee Agreement (Calenergy Capital Trust Vi), Preferred Securities Guarantee Agreement (Calenergy Capital Trust Iii)

Ranking. This Preferred Securities Guarantee Agreement will constitute an unsecured obligation of the Guarantor and will rank (i) subordinate and junior in right of payment to all other liabilities of the Guarantor, including the Subordinated Debentures, except those liabilities of the Guarantor made pari passu or subordinate by their terms, (ii) pari passu with the most senior preferred or preference stock now or hereafter issued by the Guarantor and with any guarantee now or hereafter entered into by the Guarantor in respect of any preferred or preference stock securities of any Affiliate of the Guarantor, and (iii) senior to the Guarantor's common stock.

Appears in 2 contracts

Samples: Preferred Securities Guarantee Agreement (TDS Capital Ii), KCPL Financing Iii

Ranking. This Preferred Capital Securities Guarantee will constitute an unsecured obligation of the Guarantor and will rank (i) subordinate and junior in right of payment to all other liabilities of the Guarantor, including the Debentures, except liabilities made pari passu or subordinate by their terms, and (ii) pari passu with the most senior preferred or preference to all capital stock now or hereafter issued by the Guarantor Guarantor, and with to any guarantee now or hereafter entered into by the Guarantor in respect of any preferred or preference stock of any Affiliate of the Guarantor, and (iii) senior to the Guarantor's common its capital stock.

Appears in 2 contracts

Samples: Exchange Capital Securities Guarantee Agreement (Southern Investments Uk Capital Trust I), Guarantee Agreement (Southern Investments Uk Capital Trust I)

Ranking. (a) This Preferred Trust Common Securities Guarantee will constitute an unsecured obligation of the Guarantor and will rank (i) subordinate and junior in right of payment senior to all other liabilities of the Guarantor 's common stock, (ii) pari passu with the most senior preferred or preference stock securities now or hereafter issued by the Guarantor and with any guarantee now or hereafter entered into by the Guarantor in with respect of to any preferred or preference stock securities of the Guarantor or any Affiliate of the Guarantor, and (iii) senior junior and subordinate in right of payment to all other liabilities of the Guarantor's common stock Guarantor except any liabilities that may be pari passu expressly by their terms.

Appears in 2 contracts

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

Ranking. This Preferred Securities Trust Guarantee will constitute an unsecured obligation of the Guarantor and will rank (i) subordinate and junior in right of payment to all other liabilities of the Guarantor, (ii) pari passu on a parity with the most senior preferred securities or preference stock now or hereafter issued by the Guarantor and with any guarantee now or hereafter entered into by the Guarantor in respect of any such senior preferred securities or preference stock of any Affiliate of the Guarantor, Guarantor and (iii) senior to the Guarantor 's ’s common stock.

Appears in 2 contracts

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

Ranking. This Preferred Securities Guarantee will constitute an unsecured obligation of the Guarantor and will rank (i) subordinate and junior in right of payment to all other liabilities of the Guarantor , except any liabilities that may be made pari passu expressly by their terms, (ii) pari passu with the most senior preferred or preference stock now or hereafter issued by the Guarantor and with any guarantee now or hereafter entered into by the Guarantor in respect of any preferred or preference stock of any Affiliate of the Guarantor, and (iii) senior to the Guarantor's common stock Common Stock.

Appears in 2 contracts

Samples: Preferred Securities Guarantee Agreement (FBL Financial Group Inc), Preferred Securities Guarantee Agreement (American Equity Investment Life Holding Co)

Ranking. (a) This Preferred Securities Guarantee will constitute an unsecured obligation of the Guarantor and will rank (i) subordinate and junior in right of payment to all other liabilities of the Guarantor Guarantor except any liabilities that may be PARI PASSU expressly by their terms, (ii) pari passu PARI PASSU with the most senior preferred or preference stock now or hereafter issued by the Guarantor and with any guarantee now or hereafter entered into by the Guarantor in respect of any preferred or preference stock or preferred securities of any Affiliate of the Guarantor, and (iii) senior to the Guarantor's common stock.

Appears in 2 contracts

Samples: Preferred Securities Guarantee Agreement (Vanstar Financing Trust), Preferred Securities Guarantee Agreement (Suiza Foods Corp)

Ranking. This Preferred Securities Guarantee Agreement will constitute an unsecured obligation of the Guarantor and will rank (i) subordinate and junior in right of payment to all other liabilities of the Guarantor , except those made pari passu or subordinate by their terms, (ii) pari passu with the most senior preferred or preference stock now or hereafter issued by the Guarantor and with any guarantee now or hereafter entered into by the Guarantor in respect of any preferred or preference stock of any Affiliate of the Guarantor, Guarantor and (iii) senior to the Guarantor's common stock Common Securities.

Appears in 2 contracts

Samples: Guarantee Agreement (Public Service Enterprise Group Inc), Guarantee Agreement (Public Service Enterprise Group Inc)

Ranking. This Preferred Securities Investment Guarantee will constitute an unsecured obligation of the New Guarantor and will rank (i) subordinate and junior in right of payment to all other liabilities of the New Guarantor, (ii) pari passu with the most senior preferred or preference stock now or hereafter issued by the New Guarantor and with any other guarantee now or hereafter entered into by the New Guarantor in respect of any preferred or preference stock of any Affiliate of the New Guarantor, and (iii) senior to the New Guarantor 's ’s common stock . The holders of obligations of the New Guarantor that are senior to the obligations under the Investment Guarantee (including, but not limited to, obligations constituting Senior Indebtedness) shall be entitled to the same rights in payment default or dissolution, liquidation and reorganization in respect of this Investment Guarantee that inure to the holders of Senior Indebtedness as against the holders of the Company Debenture specified in Sections 1102, 1103 and 1105 of the Company Indenture.

Appears in 2 contracts

Samples: Affiliate Debenture Guarantee Agreement (BAC Capital Trust XVII), Affiliate Debenture Guarantee Agreement (BAC Capital Trust XVII)

Ranking. This Preferred Securities Guarantee will constitute an unsecured obligation of the Guarantor and will rank (i) subordinate and junior in right of payment to all other liabilities of the Guarantor, except any liabilities that may be made pari passu or junior expressly by their terms, (ii) pari passu with the most senior preferred or preference stock shares now or hereafter issued by the Guarantor and with any guarantee now or hereafter entered into by the Guarantor in respect of any preferred or preference stock shares or preferred security of any Affiliate of the Guarantor, and (iii) senior to the Guarantor's common stock ordinary shares.

Appears in 2 contracts

Samples: Guarantee Agreement (Scottish Annuity & Life Holdings LTD), Guarantee Agreement (Scottish Annuity & Life Holdings LTD)

Ranking. This Preferred Securities Guarantee will constitute an unsecured obligation of the Guarantor and will rank (i) subordinate and junior in right of payment to all other liabilities of the Guarantor, (ii) pari passu on a parity with the most senior preferred securities or preference stock now or hereafter issued by the Guarantor and with any guarantee now or hereafter entered into by the Guarantor in respect of any such senior preferred securities or preference stock of any Affiliate of the Guarantor, Guarantor and (iii) senior to the Guarantor 's ’s common stock.

Appears in 2 contracts

Samples: Guarantee Agreement (Lehman Brothers Holdings Inc), Guarantee Agreement (Lehman Brothers Holdings Inc)

Ranking. (a) This Trust Preferred Securities Guarantee will constitute an unsecured obligation of the Guarantor and will rank (i) subordinate and junior in right of payment senior to all other liabilities of the Guarantor 's common stock, (ii) pari passu with the most senior preferred or preference stock securities now or hereafter issued by the Guarantor and with any guarantee now or hereafter entered into by the Guarantor in with respect of to any preferred or preference stock securities of the Guarantor or any Affiliate of the Guarantor, and (iii) senior junior and subordinate in right of payment to all other liabilities of the Guarantor's common stock Guarantor except any liabilities that may be pari passu expressly by their terms.

Appears in 2 contracts

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

Ranking. This Preferred Securities Guarantee Agreement will constitute an unsecured obligation of the Guarantor and will rank (i) subordinate and junior in right of payment to all other liabilities of the Guarantor, other than those obligations or liabilities made PARI PASSU or subordinate by their terms, (ii) pari passu PARI PASSU with the most senior preferred or preference stock now or hereafter issued by the Guarantor and with any guarantee now or hereafter entered into by the Guarantor in respect of any preferred or preference stock of any Affiliate of the Guarantor, and (iii) senior to the Guarantor's common stock.

Appears in 2 contracts

Samples: Preferred Securities Guarantee Agreement (Northwestern Corp), Preferred Securities Guarantee Agreement (Northwestern Corp)

Ranking. This Preferred Securities Guarantee Agreement will constitute an unsecured obligation of the Guarantor and will rank (i) subordinate and junior in right of payment to all other liabilities of the Guarantor , except those made pari passu or subordinate by their terms, (ii) pari passu with the most senior preferred or preference stock now or hereafter issued by the Guarantor and with any guarantee now or hereafter entered into by the Guarantor in respect of any preferred or preference stock of any Affiliate of the Guarantor, Guarantor and (iii) senior to the Guarantor 's common stock ’s Common Trust Securities.

Appears in 2 contracts

Samples: Guarantee Agreement (Southwest Gas Corp), Guarantee Agreement (Southwest Gas Corp)

Ranking. This Preferred Securities Guarantee Agreement will constitute an unsecured obligation of the Guarantor and will rank (i) subordinate and junior in right of payment to all other liabilities of the Guarantor , including the Notes, except those made pari passu or subordinate by their terms, (ii) pari passu with the most senior preferred or preference stock now or hereafter issued by the Guarantor and with any guarantee now or hereafter entered into by the Guarantor in respect of any preferred or preference stock of any Affiliate of the Guarantor, Guarantor and (iii) senior to the Guarantor 's ’s common stock.

Appears in 2 contracts

Samples: Preferred Securities Guarantee Agreement (HSBC Finance Capital Trust IX), Capital Securities Guarantee Agreement (HSBC Finance Capital Trust IX)

Ranking. This Preferred Securities Guarantee Agreement will constitute an unsecured obligation of the Guarantor and will rank (i) subordinate and junior in right of payment to all other liabilities of the Guarantor Guarantor except those made pari passu or subordinate by their terms, (ii) pari passu with the most senior preferred or preference stock now or hereafter issued by the Guarantor and with any guarantee now or hereafter entered into by the Guarantor in respect of any preferred or preference stock of any Affiliate of the Guarantor, and (iii) senior to the Guarantor's common stock.

Appears in 2 contracts

Samples: Preferred Securities Guarantee Agreement (Ati Financing Ii), Providian Financing Iv

Ranking. This Preferred Securities Guarantee will constitute an unsecured obligation of the Guarantor and will rank (i) subordinate and junior in right of payment to all other liabilities of the Guarantor, (ii) pari passu PARI PASSU with the most senior preferred Preferred or preference stock now or hereafter issued by the Guarantor and with any guarantee now or hereafter entered into by the Guarantor in respect of any preferred Preferred or preference stock of any Affiliate of the Guarantor, and (iii) senior to the Guarantor's common stock.

Appears in 1 contract

Samples: Guarantee Agreement (Apple South Financing I)

Ranking. This Preferred Securities Guarantee will constitute an unsecured obligation of the Guarantor and will rank (i) subordinate and junior in right of payment to all other liabilities of the Guarantor Guarantor except any liabilities that may be pari passu expressly by their terms, (ii) pari passu in right of payment with the most senior preferred or preference stock now or hereafter issued by the Guarantor Guarantor, if any, and with any guarantee now or hereafter entered into by the Guarantor in respect of any preferred or preference stock of any Affiliate of the Guarantor, and (iii) senior to the Guarantor's common stock.

Appears in 1 contract

Samples: Preferred Securities Guarantee Agreement (CNF Transportation Inc)

Ranking. (a) This Preferred Securities Guarantee will constitute an unsecured obligation of the Guarantor and will rank (i) subordinate and junior in right of payment to all other liabilities of the Guarantor Guarantor except any liabilities that may be PARI PASSU expressly by their terms, (ii) pari passu PARI PASSU with the most senior preferred or preference stock now or hereafter issued by the Guarantor and with any guarantee now or hereafter entered into by the Guarantor in respect of any preferred or preference stock or preferred securities of any Affiliate of the Guarantor, and (iii) senior to the Guarantor's common stock.

Appears in 1 contract

Samples: Preferred Securities Guarantee Agreement (Viatel Inc)

Ranking. This Preferred Securities Guarantee will constitute an unsecured obligation of the Guarantor and will rank (i) subordinate and junior in right of payment to all other liabilities Senior Indebtedness (as defined in the Indenture) of the Guarantor, (ii) pari passu PARI PASSU with (A) the most senior preferred or preference stock now or hereafter issued by the Guarantor and with Guarantor, (B) any guarantee now or hereafter entered into by the Guarantor in respect of any preferred or preference stock or preferred trust security of any Affiliate of the Guarantor, and (iii) senior to the Guarantor's common stock. Guarantor and

Appears in 1 contract

Samples: Guarantee Agreement (St Paul Companies Inc /Mn/)

Ranking. (a) This Preferred Common Securities Guarantee will constitute an unsecured obligation of the Guarantor and will rank (i) subordinate and junior in right of payment to all other liabilities of the Guarantor Guarantor except any liabilities that may be pari passu expressly by their terms, (ii) pari passu with the most senior preferred or preference stock now or hereafter issued from time to time by the Guarantor and with any guarantee now or hereafter entered into by the Guarantor in respect of any preferred or preference stock or preferred securities of any Affiliate affiliate of the Guarantor, Guarantor and (iii) senior to the Guarantor's common stock.

Appears in 1 contract

Samples: Common Securities Guarantee Agreement (Central Parking Finance Trust)

Ranking. (a) This Trust Preferred Securities Guarantee will constitute an unsecured obligation of the Guarantor and will rank (i) subordinate and junior in right of payment senior to all other liabilities of the Guarantor 's common stock, (ii) pari passu PARI PASSU with the most senior preferred or preference stock securities now or hereafter issued by the Guarantor and with any guarantee now or hereafter entered into by the Guarantor in with respect of to any preferred or preference stock securities of the Guarantor or any Affiliate of the Guarantor, and (iii) senior junior and subordinate in right of payment to all other liabilities of the Guarantor's common stock Guarantor except any liabilities that may be PARI PASSU expressly by their terms.

Appears in 1 contract

Samples: Trust Preferred Securities Guarantee Agreement (American Equity Investment Life Holding Co)

Ranking. This Preferred Securities Guarantee will constitute an unsecured obligation of the Guarantor and will rank (i) subordinate and junior in right of payment to all other liabilities of the Guarantor, (ii) pari passu with the most senior preferred or preference stock now or hereafter issued by the Guarantor and with any guarantee now or hereafter entered into by the Guarantor in respect of any preferred or preference stock of any Affiliate of the Guarantor, and (iii) senior to the Guarantor's common stock.

Appears in 1 contract

Samples: Pikeville National Corp

Ranking. This Preferred Securities Guarantee will constitute an unsecured obligation of the Guarantor and will rank (i) subordinate and junior in right of payment to all other liabilities Senior Debt and Additional Senior Obligations of the Guarantor, (ii) pari passu with the most senior preferred or preference stock now or hereafter issued by the Guarantor and with any guarantee now or hereafter entered into by the Guarantor in respect of any preferred or preference stock of any Affiliate of the Guarantor, and (iii) senior to the Guarantor's common stock.

Appears in 1 contract

Samples: Preferred Securities Guarantee Agreement (Ncbe Capital Trust I)

Ranking. This Preferred Capital Securities Guarantee will ------- constitute an unsecured obligation of the Guarantor and will rank (i) subordinate and junior in right of payment to all other liabilities of the Guarantor, except any liabilities that may be made pari passu or junior ---- ----- expressly by their terms, (ii) pari passu with the most senior preferred or ---- ----- preference stock now or hereafter issued by the Guarantor and with any guarantee now or hereafter entered into by the Guarantor in respect of any preferred or preference stock or preferred security of any Affiliate of the Guarantor, and (iii) senior to the Guarantor's common stock.

Appears in 1 contract

Samples: Nationwide Financial Services Capital Trust

Ranking. This Preferred Securities Guarantee will constitute an unsecured obligation of the Guarantor and will rank (i) subordinate subordi- nate and junior in right of payment to all other liabilities of the Guarantor, (ii) pari passu with the most senior preferred Preferred or preference stock now or hereafter issued by the Guarantor and with any guarantee now or hereafter entered into by the Guarantor in respect of any preferred Preferred or preference stock of any Affiliate of the Guarantor, and (iii) senior to the Guarantor's common stock.

Appears in 1 contract

Samples: Preferred Securities Guarantee Agreement (Noram Energy Corp)

Ranking. This Preferred Securities Guarantee will constitute an a senior unsecured obligation of the Guarantor and will rank (i) subordinate and junior in right of payment to all other the liabilities of the Guarantor Guarantor under the Senior Indebtedness (as defined in the Indenture), (ii) pari passu with the most senior preferred or preference stock now or hereafter issued by the Guarantor and with any guarantee now or hereafter entered into by the Guarantor in respect of any preferred or preference stock of any Affiliate of the Guarantor, and (iii) senior to the Guarantor's common stock.

Appears in 1 contract

Samples: Guarantee Agreement (Owens Corning Capital Ii)

Ranking. This Preferred Securities Guarantee Agreement will constitute an unsecured obligation of the Guarantor and will rank (i) subordinate and junior in right of payment to all other liabilities of the Guarantor , including the Debenture Guarantee, (ii) pari passu with the most senior preferred or preference stock now or hereafter issued by the Guarantor and with any guarantee now or hereafter entered into by the Guarantor in respect of any preferred or preference stock of any Affiliate of the Guarantor, and (iii) senior to the Guarantor's common stock . ; provided, that, this Guarantee Agreement shall be pari passu with the guarantee issued by the Guarantor in connection with the 7.96% Trust Originated Preferred Securities of U S WEST Financing I.

Appears in 1 contract

Samples: Us West Inc

Ranking. This Preferred Securities Guarantee will shall constitute an unsecured obligation of the Guarantor and will shall rank ( i a) subordinate and junior in right of payment to all other general liabilities of the Guarantor, ( ii b) pari passu with the senior most senior preferred or preference stock now or hereafter issued by the Guarantor and with any guarantee now or hereafter entered into issued by the Guarantor in respect of any preferred or preference stock of any Affiliate affiliate of the Guarantor, Guarantor and ( iii c) senior to the Guarantor's common stock.

Appears in 1 contract

Samples: Guarantee Agreement (Baltimore Gas & Electric Co)

Ranking. This Preferred Securities Guarantee will constitute an unsecured obligation of the Guarantor and will rank (i) subordinate and junior in right of payment to all other liabilities liabilities, including contingent liabilities, of the Guarantor, (ii) pari passu with the most senior preferred or preference stock now or hereafter issued by the Guarantor and with any guarantee now or hereafter entered into by the Guarantor in respect of any preferred securities or preference stock of any 18 Affiliate of the Guarantor, and (iii) senior to the Guarantor's common stock.

Appears in 1 contract

Samples: Nb Capital Trust I

Ranking. This Preferred Securities Guarantee will constitute an unsecured obligation of the Guarantor and will rank (i) subordinate and junior in right of payment to all other liabilities Senior Debt, Subordinated Debt and Additional Senior Obligations of the Guarantor, (ii) pari passu with the most senior preferred securities or preference stock now or hereafter issued by the Guarantor and with any guarantee now or hereafter entered into by the Guarantor in respect of any preferred securities or preference stock of any Affiliate of the Guarantor, and (iii) senior to the Guarantor's common stock.

Appears in 1 contract

Samples: Preferred Securities Guarantee Agreement (Matrix Bancorp Capital Trust I)

Ranking. This Preferred Securities Guarantee will constitute an unsecured obligation of the Guarantor and will rank ( i a) subordinate and junior in right of payment to all other liabilities Senior Debt, Subordinated Debt and Additional Senior Obligations (as each such term is defined in the Indenture) of the Guarantor, ( ii b) pari passu with the most senior preferred or preference stock now or hereafter issued by the Guarantor and with any guarantee now or hereafter entered into by the Guarantor in respect of any preferred securities or preference stock of any Affiliate of the Guarantor, Guarantor and ( iii c) senior to the most senior preferred securities or preference stock now or hereafter issued by the Guarantor and senior to the Guarantor's common stock.

Appears in 1 contract

Samples: Preferred Securities Guarantee Agreement (NPB Capital Trust Ii)

Ranking. This Preferred Securities Guarantee will constitute an unsecured obligation of each of the Guarantor Guarantors and will rank (i) subordinate and junior in right of payment to all other liabilities Senior Indebtedness of each of the Guarantor Guarantors, except those made pari passu or subordinate by their terms, (ii) pari passu with the most senior preferred or preference stock now or hereafter issued by any of the Guarantor Guarantors and with any guarantee now or hereafter entered into by the Guarantor Guarantors in respect of any preferred or preference stock of any Affiliate of the Guarantor Guarantors, and (iii) senior to the each Guarantor's common stock.

Appears in 1 contract

Samples: Preferred Securities Guarantee Agreement (Countrywide Financial Corp)

Ranking. (a) This Preferred Common Securities Guarantee will constitute an unsecured obligation of the Guarantor and will rank (i) subordinate and junior in right of payment to all other liabilities of the Guarantor, except any liabilities that may be made PARI PASSU expressly by their terms, (ii) pari passu PARI PASSU with the most senior preferred or preference stock now or hereafter issued by the Guarantor and with any guarantee now or hereafter entered into by the Guarantor in respect of any preferred or preference stock of any Affiliate of the Guarantor, and (iii) senior to the Guarantor's common stock Common Stock.

Appears in 1 contract

Samples: Common Securities Guarantee Agreement (Viatel Inc)

Ranking. This Preferred Securities Guarantee Agreement will constitute an unsecured obligation of the Guarantor and will rank (i) subordinate and junior in right of payment to all other liabilities Senior Debt of the Guarantor, (ii) pari passu on par with the most senior preferred or preference stock (including Trust Securities) now or hereafter issued by the Guarantor and with any guarantee now or hereafter entered into by the Guarantor in respect of any preferred or preference stock of any Affiliate of the Guarantor, and (iii) senior to the Guarantor's common stock Common Securities.

Appears in 1 contract

Samples: Guarantee Agreement (Land O Lakes Inc)

Ranking. This Preferred Securities Guarantee will constitute constitutes an unsecured obligation of the Guarantor and will rank (i) subordinate and junior in right of payment to all other liabilities of the Guarantor, (ii) pari passu with the most senior preferred or preference stock now or hereafter issued by the Guarantor from time to time and with any guarantee now or hereafter entered into by the Guarantor in respect of any preferred or preference stock of any subsidiary or Affiliate of the Guarantor, and (iii) senior to the Guarantor's common stock . Nothing in this Section 6.01 shall apply to claims of, or payments to, the Preferred Guarantee Trustee under or pursuant to Section 4.2 hereof.

Appears in 1 contract

Samples: Preferred Securities Guarantee Agreement (Ohio Edison Financing Trust Ii)

Ranking. This Preferred Securities Guarantee will constitute an unsecured obligation of the Guarantor and will rank (i) subordinate and junior in right of payment to all other liabilities of the Guarantor Guarantor except any liabilities (including the Other Guarantees, the Common Securities Guarantee and the Other Common Securities Guarantees) that may be pari passu or junior expressly by their terms, and (ii) pari passu with senior to the most senior preferred or preference Guarantor's capital stock now or hereafter issued by the Guarantor Guarantor, if any, and with any guarantee now or hereafter entered into by the Guarantor in respect of any preferred or preference stock of any Affiliate of the Guarantor , and (iii) senior . The foregoing subordination shall not apply to the Guarantor's common stock amounts payable under Article 8.

Appears in 1 contract

Samples: Preferred Securities Guarantee Agreement (Hercules Inc)

Ranking. This Preferred Securities Guarantee will constitute an unsecured obligation of the Guarantor and will rank (i) subordinate and junior in right of payment to all other liabilities of Senior Indebtedness (as such term is defined in the Guarantor Indenture), (ii) pari passu with the Debentures and the Guarantor's Guarantee of PLC Capital L.L.C.'s 9% Cumulative Monthly Income Preferred Securities, Series A and any other liabilities or obligations that may be pari passu by their terms and (iii) senior to the Guarantor's common stock, the most senior preferred or preference stock now or hereafter issued by the Guarantor and with any guarantee now or hereafter entered into by the Guarantor in respect of any preferred or preference stock of any Affiliate affiliate of the Guarantor , and (iii) senior to the Guarantor's common stock .

Appears in 1 contract

Samples: Preferred Securities Guarantee Agreement (PLC Capital Trust I)

Ranking. This Preferred Securities Investment Guarantee will constitute an unsecured obligation of the Guarantor and will rank (i) subordinate and junior in right of payment to all other liabilities of the Guarantor, (ii) pari passu with the most senior preferred or preference stock now or hereafter issued by the Guarantor and with any guarantee now or hereafter entered into by the Guarantor in respect of any preferred Preferred or preference stock of any Affiliate of the Guarantor, and (iii) senior to the Guarantor's common stock.

Appears in 1 contract

Samples: Capita Preferred Trust

Ranking. This Preferred Securities Guarantee will constitute an unsecured obligation of the Guarantor and will rank ( i a) subordinate and junior in right of payment to all other liabilities Senior Indebtedness (as defined in the Indenture) of the Guarantor, ( ii b) pari passu with the most senior preferred securities or preference stock now or hereafter issued by the Guarantor and with any guarantee now or hereafter entered into by the Guarantor in respect of any preferred securities or preference stock of any Affiliate of the Guarantor, and ( iii c) senior to the Guarantor's common stock.

Appears in 1 contract

Samples: Rga Capital Trust Ii

Ranking. This Series __ Preferred Securities Guarantee will constitute an unsecured obligation of the Guarantor and will rank (i) subordinate and junior in right of payment to all other liabilities of the Guarantor , except those made pari passu or subordinate by their terms (including, without limitation, the Series __ Preferred Securities Guarantee Agreement, dated as of the date hereof, by and between General Motors Corporation and Wilmington Trust Company), (ii) pari passu with the most senior preferred or preference stock now or hereafter issued by the Guarantor and with any guarantee now or hereafter entered into by the Guarantor in respect of any preferred or preference stock of any Affiliate of the Guarantor, and (iii) senior to the Guarantor's common stock. stock (including, without limitation, all classes of common stock now or hereafter issued). ARTICLE 7

Appears in 1 contract

Samples: Guarantee Agreement (General Motors Capital Trust D)

Ranking. This Preferred Capital Securities Guarantee will constitute an unsecured obligation of the Guarantor and will rank (i) subordinate and junior in right of payment to all other liabilities liabilities, including contingent liabilities, of the Guarantor, (ii) pari passu with the most senior preferred or preference stock now or hereafter issued by the Guarantor and with any guarantee now or hereafter entered into by the Guarantor in respect of any preferred securities or preference stock of any Affiliate of the Guarantor, and (iii) senior to the Guarantor's common stock.

Appears in 1 contract

Samples: Capital Securities Guarantee Agreement (Nb Capital Trust V)

Ranking. This Preferred Securities Guarantee Agreement will constitute an unsecured obligation of the Guarantor and will rank (i) subordinate and junior in right of payment to all other liabilities of the Guarantor , except those made pari passu or subordinate by their terms, (ii) pari passu with the most senior preferred or preference stock now or hereafter issued by the Guarantor and with any guarantee now or hereafter entered into by the Guarantor in respect of any preferred or preference stock of any Affiliate of the Guarantor, Guarantor and (iii) senior to the Guarantor's common stock Common Securities. ]

Appears in 1 contract

Samples: Guarantee Agreement (Pseg Funding Trust Ii)

Ranking. This Preferred Common Securities Guarantee will constitute an unsecured obligation of the Guarantor and will rank (i) subordinate and junior in right of payment to all other liabilities of the Guarantor, (ii) pari passu with the most senior preferred or preference stock now or hereafter issued by the Guarantor and with any guarantee now or hereafter entered into by the Guarantor in respect of any preferred or preference stock of any Affiliate of the Guarantor, and (iii) senior to the Guarantor 's ’s common stock.

Appears in 1 contract

Samples: Guarantee Agreement (Laclede Capital Trust I)

Ranking. This Series G Preferred Securities Guarantee will constitute an unsecured obligation of the Guarantor and will rank (i) subordinate and junior in right of payment to all other liabilities of the Guarantor , except those made pari passu or subordinate by their terms (including, without limitation, the Series G Preferred Securities Guarantee Agreement, dated as of the date hereof, by and between General Motors Corporation and Wilmington Trust Company), (ii) pari passu with the most senior preferred or preference stock now or hereafter issued by the Guarantor and with any guarantee now or hereafter entered into by the Guarantor in respect of any preferred or preference stock of any Affiliate of the Guarantor, and (iii) senior to the Guarantor's common stock stock (including, without limitation, all classes of common stock now or hereafter issued).

Appears in 1 contract

Samples: Guarantee Agreement (General Motors Corp)

Ranking. This Preferred Securities Guarantee will constitute an unsecured obligation of the Guarantor and will rank (i) subordinate and junior in right of payment to all other liabilities Senior Debt of the Guarantor, (ii) pari passu with the most senior preferred securities or preference stock now or hereafter issued by the Guarantor and with any guarantee now or hereafter entered into by the Guarantor in respect of to any preferred securities or preference stock of any Affiliate of the Guarantor , including but not limited to the Preferred Securities Guarantee Agreement heretofore entered into by Guarantor in respect of the Metropolitan Capital Trust I Preferred Securities and any other Guarantees, and (iii) senior to the Guarantor's common stock.

Appears in 1 contract

Samples: Preferred Securities Guarantee Agreement (Metropolitan Capital Trust Ii)

Ranking. This Preferred Securities Guarantee will constitute an unsecured obligation of the Guarantor and will rank (i) subordinate subordi- nate and junior in right of payment to all other liabilities of the Guarantor, (ii) pari passu with the most senior preferred or preference stock now or hereafter issued by the Guarantor and with any guarantee now or hereafter entered into by the Guarantor in respect of any preferred or preference stock of any Affiliate of the Guarantor, and (iii) senior to the Guarantor's common stock.

Appears in 1 contract

Samples: Preferred Securities Guarantee Agreement (Commercial Credit Co)