Right of Set-off. Notwithstanding anything to the contrary herein, the Company shall have the right to set off any payment it is otherwise required to make in respect of any Security to the extent the Company has theretofore made, or is concurrently on the date of such payment making, a payment under the Guarantee Agreement relating to such Security or to a holder of Preferred Securities pursuant to an action undertaken under Section 5.8 of this Indenture.
Appears in 104 contracts
Samples: Junior Subordinated Indenture (Pacific Crest Capital Inc), Indenture (Middlefield Banc Corp), Junior Subordinated Indenture (Macon Financial Corp.)
Right of Set-off. Notwithstanding anything to the contrary hereinin this Indenture, the Company shall have the right to set off any payment it is otherwise required to make in respect of any Security hereunder to the extent the Company has theretofore made, or is concurrently on the date of such payment making, a payment under the Guarantee Agreement relating to such Security or to a holder of Preferred Securities pursuant to an action undertaken under Section 5.8 of this IndentureGuarantee.
Appears in 29 contracts
Samples: Indenture (Chemed Capital Trust), Purchase Agreement (Carriage Services Inc), Indenture (Chemed Corp)
Right of Set-off. Notwithstanding With respect to the Securities of a series initially issued to an Issuer Trust, notwithstanding anything to the contrary herein, the Company shall have the right to set off any payment it is otherwise required to make in respect of any such Security to the extent the Company has theretofore made, or is concurrently on the date of such payment making, a payment under the Guarantee Agreement relating to such Security or to a holder of Preferred Capital Securities pursuant to an action undertaken under Section 5.8 of this Indenture.
Appears in 28 contracts
Samples: Gainsco Inc, Indenture (FCB/Sc Capital Trust I), Triangle Capital Trust
Right of Set-off. Notwithstanding With respect to the Securities initially issued to the Issuer Trust, notwithstanding anything to the contrary herein, the Company shall have the right to set off any payment it is otherwise required to make in respect of any such Security to the extent the Company has theretofore made, or is concurrently on the date of such payment making, a payment under the Guarantee Agreement relating to such Security or to a holder of Preferred Securities pursuant to an action undertaken under Section 5.8 of this Indenture.
Appears in 10 contracts
Samples: Pfbi Capital Trust, Provident Trust Ii, Mason Dixon Capital Trust Ii
Right of Set-off. Notwithstanding With respect to the Debentures initially issued to the Trust, notwithstanding anything to the contrary herein, the Company shall have the right to set set-off any payment it is otherwise required to make in respect of any Security such Debenture to the extent the Company has theretofore made, or is concurrently on the date of such payment making, a payment under the Preferred Securities Guarantee Agreement relating to such Security Debenture or to a holder of Preferred Securities pursuant to an action undertaken under Section 5.8 7.8 of this Indenture.
Appears in 9 contracts
Samples: Indenture Indenture (Pennfirst Capital Trust I), Bankunited Capital Iii, American Bancorporation Capital Trust I
Right of Set-off. Notwithstanding With respect to the Securities of a series issued to a Trust, notwithstanding anything to the contrary hereinin the Indenture, the Company shall have the right to set set-off any payment it is otherwise required to make thereunder in respect of any such Security to the extent the Company has theretofore made, or is concurrently on the date of such payment making, a payment under the Guarantee Agreement relating to such Security or to a holder of Preferred Securities pursuant to an action undertaken under Section 5.8 of this the Indenture.
Appears in 8 contracts
Samples: Indenture (First Tennessee Capital Iv), Indenture (First Tennessee National Corp), J P Morgan Chase & Co
Right of Set-off. Notwithstanding With respect to the Securities initially issued to the Issuer Trust, notwithstanding anything to the contrary herein, the Company shall have the right to set off any payment it is otherwise required to make in respect of any such Security to the extent the Company has theretofore made, or is concurrently on the date of such payment making, a payment under the Guarantee Agreement relating to such Security or to a holder of Preferred Securities pursuant to an action undertaken under Section 5.8 of this Indenture.
Appears in 8 contracts
Samples: Allegiant Capital Trust I, Sman Capital Trust 1, Allegiant Capital Trust Ii
Right of Set-off. Notwithstanding anything to the contrary hereinin the Indenture, the Company shall have the right to set set-off any payment it is otherwise required to make thereunder in respect of any Security the Debenture to the extent the Company has theretofore made, or is concurrently on the date of such payment making, a payment relating to the Debentures under the Guarantee Agreement relating to such Security or to a holder of Preferred Securities pursuant to an action undertaken under Section 5.8 of this IndentureGuarantee.
Appears in 7 contracts
Samples: Host Marriott Corp/Md, United Rentals Inc /De, Newell Financial Trust I
Right of Set-off. Notwithstanding With respect to the Securities of a series initially issued to an Issuer Trust, notwithstanding anything to the contrary herein, the Company shall have the right to set off any payment it is otherwise required to make in respect of any such Security to the extent the Company has theretofore made, or is concurrently on the date of such payment making, a payment under the Guarantee Agreement relating to such Security or to a holder of Preferred Securities pursuant to an action undertaken under Section 5.8 of this Indenture.
Appears in 6 contracts
Samples: Aici Capital Trust, Jbi Capital Trust I, Aici Capital Trust
Right of Set-off. Notwithstanding With respect to the Securities of a series issued to a Trust, notwithstanding anything to the contrary hereinin this Indenture, the Company shall have the right to set set-off any payment it is otherwise required to make thereunder in respect of any such Security to the extent the Company has theretofore made, or is concurrently on the date of such payment making, a payment under the Guarantee Agreement relating to such Security or to a holder of Preferred Securities pursuant to an action undertaken under Section 5.8 of this Indenture.
Appears in 6 contracts
Samples: Declaration of Trust (First Security Capital V), Guarantee Agreement (Comerica Capital Trust Ii), Declaration of Trust (Provident Capital Trust Iii)
Right of Set-off. Notwithstanding anything to the contrary hereinin the Indenture, the Company shall have the right to set set-off any payment it is otherwise required to make thereunder in respect of any Security the Debenture, to the extent the Company has theretofore made, or is concurrently on the date of such payment making, a payment relating to the Debentures under the Guarantee Agreement relating to such Security or to a holder of Preferred Securities pursuant to an action undertaken under Section 5.8 of this IndentureGuarantee.
Appears in 4 contracts
Samples: Trust Agreement (Ilm Ii Senior Living Inc /Va), Agreement and Plan of Merger (Capital Senior Living Corp), Trust Agreement (Ilm Senior Living Inc /Va)
Right of Set-off. Notwithstanding anything to the contrary hereinin this Indenture, the Company shall have the right to set off any payment it is otherwise required to make in respect of any Security hereunder to the extent the Company has theretofore made, or is concurrently on the date of such payment making, a payment under the Guarantee Agreement relating to such Security or to a holder of Preferred Securities pursuant to an action undertaken under Section 5.8 of this IndentureGuarantee.
Appears in 4 contracts
Samples: Indenture (Continental Airlines Finance Trust Iii), Indenture (Spinnaker Exploration Co), Newfield Exploration Co /De/
Right of Set-off. Notwithstanding With respect to the Securities of a series issued to a Trust, notwithstanding anything to the contrary hereinin the Indenture, the Company shall have the right to set set-off any payment it is otherwise required to make thereunder in respect of any such Security to the extent the Company has theretofore made, or is concurrently on the date of such payment making, a payment under the Guarantee Agreement relating to such Security or to a holder of Preferred Securities pursuant to an action undertaken under Section 5.8 of this Indenture.
Appears in 4 contracts
Samples: Wachovia Capital Trust Iv, American General Capital Iv, American General Corp /Tx/
Right of Set-off. Notwithstanding With respect to the Securities, notwithstanding anything to the contrary hereinin the Indenture, the Company shall have the right to set set-off any payment it is otherwise required to make thereunder in respect of any Security to the extent the Company has theretofore made, or is concurrently on the date of such payment making, a payment under the Guarantee Agreement relating to such Security or to a holder of Preferred Securities pursuant to an action undertaken under Section 5.8 of this the Indenture.
Appears in 3 contracts
Samples: First Interstate Bancsystem of Montana Inc, Fib Capital Trust, Fib Capital Trust
Right of Set-off. Notwithstanding anything to the contrary herein, the Company shall have the right to set off any payment it is otherwise required to make in respect of any Security to the extent the Company has theretofore made, or is concurrently on the date of such payment making, a payment under the Guarantee Agreement relating to such Security or to a holder of Preferred Securities pursuant to an action undertaken under Section 5.8 of this Indenture. SECTION 3.11.
Appears in 3 contracts
Samples: Simmons First National Corp, Simmons First National Corp, Simmons First National Corp
Right of Set-off. Notwithstanding anything to the contrary herein, the Company shall have the right to set off any payment it is otherwise required to make in respect of any Security to the extent the Company has theretofore made, or is concurrently on the date of such payment making, a payment under the Guarantee Agreement relating to such Security or to a holder of Preferred Securities pursuant to an action undertaken under Section SECTION 5.8 of this Indenture.
Appears in 3 contracts
Samples: Trust Agreement (Bankatlantic Bancorp Inc), Indenture (Bankatlantic Bancorp Inc), Uici
Right of Set-off. Notwithstanding anything to the contrary hereinin this Indenture, the Company shall have the right to set set-off any payment it is otherwise required to make hereunder in respect of any Security to the extent the Company has theretofore made, or is concurrently on the date of such payment making, a payment under the Company Guarantee Agreement relating to such Security or to a holder of Preferred Securities pursuant to an action undertaken under Section 5.8 of this Indenture.
Appears in 3 contracts
Samples: Symons International Group Inc, Fresenius National Medical Care Holdings Inc, Superior National Insurance Group Inc
Right of Set-off. Notwithstanding anything to the contrary herein, the Company shall have the right to set off any payment it is otherwise required to make in respect of any Security to the extent the Company has theretofore made, or is concurrently on the date of such payment making, a payment under the Guarantee Agreement relating to such Security or to a holder of Preferred Securities pursuant to an action undertaken under Section 5.8 of this Indenture.
Appears in 2 contracts
Samples: Indenture (Geovera Insurance Holdings, Ltd.), Geovera Insurance Holdings, Ltd.
Right of Set-off. Notwithstanding anything to the contrary herein, the Company shall have the right to set off any payment it is otherwise required to make in respect of any Security to the extent the Company has theretofore made, or is concurrently on the date of such payment making, a payment under the Guarantee Agreement relating to such Security or to a holder of Preferred Securities pursuant to an action undertaken under Section 5.8 of this Indenture.. -----------
Appears in 2 contracts
Samples: Trust Agreement (FNB Financial Services Corp), Indenture (First Banks, Inc)
Right of Set-off. Notwithstanding With respect to the Securities of a series issued to a Citizens Trust, notwithstanding anything to the contrary herein, the Company shall have the right to set set-off any payment it is otherwise required to make thereunder in respect of any such Security to the extent the Company has theretofore made, or is concurrently on the date of such payment making, a payment under the Citizens Guarantee Agreement relating to such Security or to a holder of Preferred Securities pursuant to an action undertaken under Section 5.8 of this Indenturehereof.
Appears in 2 contracts
Samples: Indenture (Citizens Banking Corp), Citizens Funding Trust IV
Right of Set-off. Notwithstanding anything to the contrary herein, the Company shall have the right to set off any payment it is otherwise required to make in respect of any Security to the extent the Company has theretofore made, or is concurrently on the date of such payment making, a EXHIBIT D payment under the Guarantee Agreement relating to such Security or to a holder of Preferred Securities pursuant to an action undertaken under Section 5.8 of this Indenture.
Appears in 2 contracts
Samples: Trust Agreement (Hanmi Financial Corp), Trust Agreement (Hanmi Financial Corp)
Right of Set-off. Notwithstanding With respect to the Securities of a series issued to a Xxxxxx Trust, notwithstanding anything to the contrary herein, the Company shall have the right to set set-off any payment it is otherwise required to make hereunder in respect of any such Security to the extent the Company has theretofore made, or is concurrently on the date of such payment making, a payment under the Capital Securities Guarantee Agreement or the Common Securities Guarantee relating to such Security or to a holder of Preferred Securities pursuant to an action undertaken under Section 5.8 of this Indenture5.8.
Appears in 1 contract
Samples: Downey Financial Corp
Right of Set-off. Notwithstanding anything to the ------------- ---------------- contrary hereinin this Indenture, the Company shall have the right to set set-off any payment it is otherwise required to make hereunder in respect of any Capital Security to the extent the Company has theretofore heretofore made, or is concurrently currently on the date of such payment making, a payment under the Xxxxxxxxxx Guarantee Agreement relating to such Capital Security or to in connection with a holder of Preferred Securities Direct Action pursuant to an action undertaken under Section 5.8 of this Indenturehereof.
Appears in 1 contract
Samples: Chittenden Capital Trust I
Right of Set-off. Notwithstanding With respect to the Debentures initially issued to the Trust, notwithstanding anything to the contrary herein, the Company shall have the right to set off any payment it is otherwise required to make in respect of any Security such Debenture to the extent the Company has theretofore made, or is concurrently on the date of such payment making, a payment under the Capital Securities Guarantee Agreement relating to such Security Debenture or to a holder of Preferred Capital Securities pursuant to an action a Direct Action undertaken under Section 5.8 of this Indenture5.8.
Appears in 1 contract
Samples: Renaissancere Holdings LTD
Right of Set-off. Notwithstanding anything to the contrary hereinin this Indenture, the Company Corporation shall have the right to set off any payment it is otherwise required to make in respect of any Security to the extent the Company Corporation has theretofore made, or is concurrently on the date of such payment making, a payment under the Preferred Securities Guarantee Agreement or Common Securities Guarantee relating to such Security or to a holder of Preferred Securities pursuant to an action undertaken under Section 5.8 5.4 of this Indenture.
Appears in 1 contract
Samples: Indenture (Valley National Bancorp)
Right of Set-off. Notwithstanding With respect to the Securities of a series issued to a Provident Trust, notwithstanding anything to the contrary herein, the Company shall have the right to set set-off any payment it is otherwise required to make thereunder in respect of any such Security to the extent the Company has theretofore made, or is concurrently on the date of such payment making, a payment under the Provident Guarantee Agreement relating to such Security or to a holder of Preferred Securities pursuant to an action undertaken under Section 5.8 of this Indenture508 hereof.
Appears in 1 contract
Samples: Provident Companies Inc /De/
Right of Set-off. Notwithstanding anything to the contrary herein, the Company shall have the right to set off any payment it is otherwise required to make in respect of any Security to the extent the Company or the Parent Guarantor has theretofore made, or is concurrently on the date of such payment making, a payment under the Guarantee Agreement or the Parent Guarantee Agreement relating to such Security or to a holder of Preferred Securities pursuant to an action undertaken under Section 5.8 of this Indenture.
Appears in 1 contract
Samples: Junior Subordinated Indenture (American Safety Insurance Holdings LTD)
Right of Set-off. Notwithstanding anything to the contrary herein, the Company shall have the right to set off any payment it is otherwise required to make in respect of any Security to the extent the Company has theretofore made, or is concurrently currently on the date of such payment making, a payment under the Guarantee Agreement relating to such Security or to a holder of Preferred Securities pursuant to an action undertaken under Section 5.8 of this Indenture.
Appears in 1 contract
Samples: Bluegreen Corp
Right of Set-off. Notwithstanding With respect to the Securities of a series issued to a UnumProvident Trust, notwithstanding anything to the contrary herein, the Company shall have the right to set set-off any payment it is otherwise required to make thereunder in respect of any such Security to the extent the Company has theretofore made, or is concurrently on the date of such payment makingpayment, making a payment under the UnumProvident Guarantee Agreement relating to such Security or to a holder of Preferred Securities such Security pursuant to an action undertaken under Section 5.8 of this Indenture508 hereof.
Appears in 1 contract
Samples: Unumprovident Financing Trust Iii
Right of Set-off. Notwithstanding anything to the ---------------- contrary hereinin this Indenture, the Company shall have the right to set off any payment it is otherwise required to make in respect of any Security hereunder to the extent the Company has theretofore made, or is concurrently on the date of such payment making, a payment under the Guarantee Agreement relating to such Security or to a holder of Preferred Securities pursuant to an action undertaken under Section 5.8 of this IndentureGuarantee.
Appears in 1 contract
Right of Set-off. Notwithstanding anything to the contrary hereinin this Indenture, the Company shall have the right to set off any payment it is otherwise required to make in respect of any Security hereunder to the extent the Company has theretofore made, or is concurrently on the date of such payment making, a payment under the Guarantee Agreement relating to such Security or to a holder of Preferred Securities pursuant to an action undertaken under Section 5.8 of this Indenture5.08 hereof.
Appears in 1 contract
Right of Set-off. Notwithstanding anything to the contrary herein, the Company shall have the right to set off any payment it is otherwise required requited to make in respect of any Security to the extent the Company has theretofore made, or is concurrently on the date of such payment making, a payment under the Guarantee Agreement relating to such Security or to a holder of Preferred Securities pursuant to an action undertaken under Section 5.8 of this Indenture.
Appears in 1 contract
Samples: State National Bancshares, Inc.
Right of Set-off. Notwithstanding With respect to the Securities initially issued to the Issuer Trust, notwithstanding anything to the contrary herein, the Company shall have the right to set off any payment it is otherwise required to make in respect of any such Security to the extent the Company or the Guarantor has theretofore made, or is concurrently on the date of such payment making, a payment under the Guarantee Agreement relating to such Security or to a holder of Preferred Securities pursuant to an action undertaken under Section 5.8 of this Indenture.
Appears in 1 contract
Samples: Junior Subordinated Indenture (American Safety Insurance Group LTD)
Right of Set-off. Notwithstanding anything to the contrary herein, the Company shall have the right to set off any payment it is otherwise required to make in respect of any Security to the extent the Company has theretofore made, or is concurrently on the date of such payment making, a payment under the Guarantee Agreement relating to such Security or to a holder of Preferred Securities pursuant to an action undertaken under Section 5.8 of this Indenture.. EXHIBIT D
Appears in 1 contract
Right of Set-off. Notwithstanding anything to the contrary herein, the Company shall have the right to set off any payment it is otherwise required to make in respect of any Security to the extent the Company has theretofore made, or is concurrently on the date of such payment making, a payment under the Guarantee Agreement relating to such Security or to a holder of Preferred Securities of the corresponding series pursuant to an action undertaken under Section 5.8 of this Indenture.
Appears in 1 contract
Samples: Mercantile Bank Corp