Common use of Shortening or Extension of Stated Maturity Clause in Contracts

Shortening or Extension of Stated Maturity. If specified as contemplated by Section 2.01 or Section 2.02 with respect to the Securities of a particular series, the Company shall have the right to (i) shorten the Stated Maturity of the principal of the Securities of such series at any time to any date not earlier than the first date on which the Company has the right, if any, to redeem the Securities of such series, and (ii) extend the Stated Maturity of the principal of the Securities of such series at any time at its election for one or more periods, but in no event to a date later than the 49th anniversary of the first interest payment date following the Original Issue Date of the Securities of such series; provided that, if the Company elects to exercise its right to extend the Stated Maturity of the principal of the Securities of such series pursuant to this clause (ii), at the time such election is made and at the time of extension (A) the Company is not in bankruptcy, otherwise insolvent or in liquidation, (B) the Company is not in default in the payment of any interest or principal on such Securities, (C) in the case of any series of Securities issued to an Aon Trust, such Aon Trust is not in arrears on payments of Distributions on the Preferred Securities issued by such Aon Trust and no deferred Distributions are accumulated, and (D) such Securities are rated not less than BBB- by Standard & Poor's Ratings Services or Baa3 by Xxxxx'x Investors Service, Inc. or the equivalent by any other nationally recognized statistical rating organization. In the event the Company elects to shorten or extend the Stated Maturity of the Securities of a particular series, it shall give notice to the Trustee (not less than 45 days prior to the effectiveness thereof), and the Trustee shall give notice of such shortening or extension to the holders not less than 30 nor more than 60 days prior to the effectiveness thereof.

Appears in 2 contracts

Samples: Indenture (Aon PLC), Aon Corp

AutoNDA by SimpleDocs

Shortening or Extension of Stated Maturity. If specified as contemplated by Section 2.01 2.1 or Section 2.02 3.1 with respect to the Securities of a particular series, the Company Corporation shall have the right to (i) shorten the Stated Maturity of the principal of the Securities of such series at any time to any date not earlier than the first date on which the Company has the right, if any, right to redeem the Securities of such series, and (ii) extend the Stated Maturity of the principal of the Securities of such series at any time at its election for one or more periods, but in no event to a date later than the 49th anniversary of the first interest payment date Interest Payment Date following the Original Issue Date of the Securities of such series; provided that, if the Company elects to exercise its right to extend the Stated Maturity of the principal of the Securities of such series pursuant to this clause (ii), above, at the time such election is made and at the time of extension (A) the Company is not in bankruptcy, otherwise insolvent or in liquidation, (B) the Company is not in default in the payment of any interest or principal on such Securities, (C) in if the case of any series of Securities issued to an Aon TrustIssuer Trust has not been liquidated, such Aon Issuer Trust is not in arrears on payments of Distributions on the Preferred Securities issued by such Aon Issuer Trust and no deferred Distributions are accumulated, accumulated and (D) after such extension, the Securities are rated shall not less have a remaining term to maturity of more than BBB- by Standard & Poor's Ratings Services or Baa3 by Xxxxx'x Investors Service, Inc. or the equivalent by any other nationally recognized statistical rating organization30 years. In the event the Company elects to shorten or extend the Stated Maturity of the Securities of a particular such series, it shall give notice to the Trustee (not less than 45 days prior to the effectiveness thereof)Trustee, and the Trustee shall give notice of such shortening or extension to the holders not Holders, no less than 30 nor and no more than 60 days prior to the effectiveness thereof.

Appears in 2 contracts

Samples: Dime Capital Trust Ii, Dime Bancorp Inc

Shortening or Extension of Stated Maturity. If specified as contemplated by Section 2.01 2.1 or Section 2.02 3.1 with respect to the Securities of a particular series, the Company Corporation shall have the right to (i) shorten the Stated Maturity of the principal of the Securities of such series at any time to any date not earlier than the first date on which the Company has the right, if any, right to redeem the Securities of such series, and (ii) extend the Stated Maturity of the principal of the Securities of such series at any time at its election for one or more periods, but in no event to a date later than the 49th anniversary of the first interest payment date Interest Payment Date following the Original Issue Date of the Securities of such series; provided that, if the Company elects to exercise its right to extend the Stated Maturity of the principal of the Securities of such series pursuant to this clause (ii)) above, at the time such election is made and at the time of extension (A) the Company is not in bankruptcy, otherwise insolvent or in liquidation, (B) the Company is not in default in the payment of any interest or principal on such Securities, (C) in the case of any series of Securities initially issued to an Aon Issuer Trust, if the Issuer Trust has not been liquidated, such Aon Issuer Trust is not in arrears on payments of Distributions on the Preferred Securities issued by such Aon Issuer Trust and no deferred Distributions are accumulated, and (D) such Securities are rated not less than BBB- by Standard & Poor's Ratings Services or Baa3 by Xxxxx'x Investors Service, Inc. or the equivalent by any other nationally recognized statistical rating organizationorganization and (E) after such extension, the Securities shall not have a remaining term to maturity of more than 30 years. In the event the Company elects to shorten or extend the Stated Maturity of the Securities of a particular such series, it shall give notice to the Trustee (not less than 45 days prior to the effectiveness thereof)Trustee, and the Trustee shall give notice of such shortening or extension to the holders not Holders, no less than 30 nor and no more than 60 days prior to the effectiveness thereof.

Appears in 2 contracts

Samples: Northern Trust Corp, NTC Capital Iii

Shortening or Extension of Stated Maturity. If specified as contemplated by Section 2.01 201 or Section 2.02 301 with respect to the Securities of a particular series, the Company shall have the right to (i) shorten the Stated Maturity of the principal of the Securities of such series at any time to any date not earlier than the first date on which the Company has the right, if any, right to redeem the Securities of such series, and (ii) extend the Stated Maturity of the principal of the Securities of such series at any time at its election for one or more periods, but in no event to a date later than the 49th anniversary of the first interest payment date following the Original Issue Date of the Securities of such seriesDecember 31, 2045; provided that, if the Company elects to exercise its right to extend the Stated Maturity of the principal of the Securities of such series pursuant to this clause (ii), above, at the time such election is made and at the time of extension (A) the Company is not in bankruptcy, otherwise insolvent or in liquidation, (B) the Company is not in default in the payment of any interest or principal on such Securities, (C) in the case of any series of Securities issued to an Aon Allstate Trust, such Aon Allstate Trust is not in arrears on payments of Distributions on the Preferred Securities issued by such Aon Allstate Trust and no deferred Distributions are accumulated, accumulated and (D) such Securities are rated not less than BBB- by Standard & Poor's Ratings Services or Baa3 by Xxxxx'x Investors Moodx'x Xxxestors Service, Inc. or the equivalent by any other nationally recognized statistical rating organization. In the event the Company elects to shorten or extend the Stated Maturity of the Securities of a particular seriessuch Securities, it shall give notice to the Trustee (not less than 45 days prior to the effectiveness thereof)Trustee, and the Trustee shall give notice of such shortening or extension to the holders not Holders, no less than 30 nor and no more than 60 days prior to the effectiveness thereof.

Appears in 1 contract

Samples: Indenture (Allstate Corp)

Shortening or Extension of Stated Maturity. If specified as contemplated by Section 2.01 2.1 or Section 2.02 2.2 with respect to the Securities of a particular series, the Company shall have the right to (i) shorten the Stated Maturity of the principal of the Securities of such series at any time to any date not earlier than the first date on which the Company has the right, if any, to redeem the Securities of such series, and (ii) extend the Stated Maturity of the principal of the Securities of such series at any time at its election for one or more periods, but in no event to a date later than the 49th anniversary of the first interest payment date following the Original Issue Date of the Securities of such series; provided that, if the Company elects to exercise its right to extend the Stated Maturity of the principal of the Securities of such series pursuant to this clause (ii), at the time such election is made and at the time of extension (A) the Company is not in bankruptcy, otherwise insolvent or in liquidation, (B) the Company is not in default in the payment of any interest or principal on such Securities, (C) in the case of any series of Securities issued to an Aon a Xxxxxx Capital Trust, such Aon Xxxxxx Capital Trust is not in arrears on payments of Distributions on the Preferred Securities issued by such Aon Xxxxxx Capital Trust and no deferred Distributions are accumulated, and (D) such Securities are rated not less than BBB- by Standard & Poor's Ratings Services or Baa3 by Xxxxx'x Investors Service, Inc. or the equivalent by any other nationally recognized statistical rating organization. In the event the Company elects to shorten or extend the Stated Maturity of the Securities of a particular series, it shall give notice to the Trustee (not less than 45 days prior to the effectiveness thereof), and the Trustee shall give notice of such shortening or extension to the holders not less than 30 nor more than 60 days prior to the effectiveness thereof.

Appears in 1 contract

Samples: Markel Corp

Shortening or Extension of Stated Maturity. If specified as contemplated by Section 2.01 or Section 2.02 with respect to the Securities of a particular series, the Company shall have the right to (i) shorten the Stated Maturity of the principal of the Securities of such series at any time to any date not earlier than the first date on which the Company has the right, if any, right to redeem the Securities of such series, and (ii) extend the Stated Maturity of the principal of the Securities of such series at any time at its election for one or more periods, but in no event to a date later than the 49th anniversary of the first interest payment date following the Original Issue Date of the Securities of such series; provided that, if the Company elects to exercise its right to extend the Stated Maturity of the principal of the Securities of such series pursuant to this clause (ii), at the time such election is made and at the time of extension (A) the Company is not in bankruptcy, otherwise insolvent or in liquidation, (B) the Company is not in default in the payment of any interest or principal on such Securities, (C) in the case of any series of Securities issued to an Aon Trust, a Bear Xxxxxxx Trust such Aon Bear Xxxxxxx Trust is not in arrears on payments of Distributions on the Preferred Securities issued by such Aon Bear Xxxxxxx Trust and no deferred Distributions are accumulated, and (D) such Securities are rated not less than BBB- by Standard & Poor's Ratings Services or Baa3 by Xxxxx'x Investors Service, Inc. or the equivalent by any other nationally recognized statistical rating organization. In the event the Company elects to shorten or extend the Stated Maturity of the Securities of a particular seriesSecurities, it shall give notice to the Trustee (not less than 45 days prior to the effectiveness thereof)Trustee, and the Trustee shall give notice of such shortening or extension to the holders not no less than 30 nor and no more than 60 days prior to the effectiveness thereof.

Appears in 1 contract

Samples: Indenture (Bear Stearns Companies Inc)

Shortening or Extension of Stated Maturity. If specified as contemplated by Section 2.01 or Section 2.02 with respect to the Securities of a particular series, the Company shall have the right to (i) shorten the Stated Maturity of the principal of the Securities of such series at any time to any date not earlier than the first date on which the Company has the right, if any, to redeem the Securities of such series, and (ii) extend the Stated Maturity of the principal of the Securities of such series at any time at its election for one or more periods, but in no event to a date later than the 49th anniversary of the first interest payment date following the Original Issue Date of the Securities of such series; provided that, if the Company elects to exercise its right to extend the Stated Maturity of the principal of the Securities of such series pursuant to this clause (ii), at the time such election is made and at the time of extension (A) the Company is not in bankruptcy, otherwise insolvent or in liquidation, (B) the Company is not in default in the payment of any interest or principal on such Securities, (C) in the case of any series of Securities issued to an Aon Trust, such Aon Trust is not in arrears on payments of Distributions on the Preferred Securities issued by such Aon Trust and no deferred Distributions are accumulated, and (D) such Securities are rated not less than BBB- by Standard & Poor's ’s Ratings Services or Baa3 by Xxxxx'x Xxxxx’x Investors Service, Inc. or the equivalent by any other nationally recognized statistical rating organization. In the event the Company elects to shorten or extend the Stated Maturity of the Securities of a particular series, it shall give notice to the Trustee (not less than 45 days prior to the effectiveness thereof), and the Trustee shall give notice of such shortening or extension to the holders not less than 30 nor more than 60 days prior to the effectiveness thereof.

Appears in 1 contract

Samples: Indenture (Aon Corp)

Shortening or Extension of Stated Maturity. If specified as contemplated by Section 2.01 2.1 or Section 2.02 3.1 with respect to the Securities of a particular series, the Company Corporation shall have the right to (i) shorten the Stated Maturity of the principal of the Securities of such series at any time to any date not earlier than the first date on which the Company has the right, if any, right to redeem the Securities of such series, series and (ii) extend the Stated Maturity of the principal of the Securities of such series at any time at its election for one or more periods, but in no event to a date later than the 49th anniversary of the first interest payment date Interest Payment Date following the Original Issue Date of the Securities of such series; provided that, if the Company elects to exercise its right to extend the Stated Maturity of the principal of the Securities of such series pursuant to this clause (ii), above, at the time such election is made 135 and at the time of extension (A) the Company is not in bankruptcy, otherwise insolvent or in liquidation, (B) the Company is not in default in the payment of any interest or principal on such Securities, (C) in if the case of any series of Securities issued to an Aon TrustIssuer Trust has not been liquidated, such Aon Issuer Trust is not in arrears on payments of Distributions on the Trust Preferred Securities issued by such Aon Issuer Trust and no deferred Distributions are accumulated, and (D) such Securities are rated not less than BBB- by Standard & Poor's Ratings Services S&P or Baa3 by Xxxxx'x Investors Service, Inc. or the equivalent by any other nationally recognized statistical rating organizationorganization and (E) after such extension, the Securities shall not have a remaining term to maturity of more than 30 years. In the event the Company elects to shorten or extend the Stated Maturity of the Securities of a particular such series, it shall give notice to the Trustee (not less than 45 days prior to the effectiveness thereof)Trustee, and the Trustee shall give notice of such shortening or extension to the holders Holders, not less than 30 nor and not more than 60 days prior to the effectiveness thereof.

Appears in 1 contract

Samples: South Carolina Electric & Gas Co

Shortening or Extension of Stated Maturity. If specified as contemplated by Section 2.01 2.1 or Section 2.02 3.1 with respect to the Securities of a particular series, the Company shall have the right to (i) shorten the Stated Maturity of the principal of the Securities of such series at any time to any date not earlier than the first date on which the Company has the right, if any, right to redeem the Securities of such series, and (ii) extend the Stated Maturity of the principal of the Securities of such series at any time at its election for one or more periods, but in no event to a date later than the 49th anniversary of the first interest payment date following the Original Issue Date of the Securities of such series; provided that, if the Company elects to exercise its right to extend the Stated Maturity of the principal of the Securities of such series pursuant to this clause (ii), above, at the time such election is made and at the time of extension (A) the Company is not in bankruptcy, otherwise insolvent or in liquidation, (B) the Company is not in default in the payment of any interest or principal on such Securities, (C) in the case of any series of Securities issued to an Aon held by a Trust, such Aon Trust is not in arrears on payments of Distributions on the Preferred Capital Securities issued by such Aon Trust and no deferred Distributions are accumulated, accumulated and (D) such Securities are rated not less than BBB- by Standard & Poor's Ratings Services S&P or Baa3 by Xxxxx'x Investors Service, Inc. or Moodx'x xx the equivalent by any other nationally recognized statistical rating organization. In the event the Company elects to shorten or extend the Stated Maturity of the Securities of a particular seriesSeries A Subordinated Debentures, it shall give written notice to the Trustee (not less than 45 days prior to the effectiveness thereof)Trustee, and the Trustee shall give notice of such shortening or extension to the holders not Holders, no less than 30 nor and no more than 60 days prior to the effectiveness thereof. The Company's right to shorten the Stated Maturity of the principal of the Securities of such series pursuant to clause (i) above is subject to the Company having received prior approval of the Federal Reserve if required under applicable capital guidelines or policies.

Appears in 1 contract

Samples: Declaration of Trust (First Security Capital V)

Shortening or Extension of Stated Maturity. If specified as contemplated by Section 2.01 2.1 or Section 2.02 3.1 with respect to the Securities of a particular series, the Company Corporation shall have the right to (i) shorten the Stated Maturity of the principal of the Securities of such series at any time to any date not earlier than the first date on which the Company has the right, if any, right to redeem the Securities of such series, series and (ii) extend the Stated Maturity of the principal of the Securities of such series at any time at its election for one or more periods, but in no event to a date later than the 49th anniversary of the first interest payment date Interest Payment Date following the Original Issue Date of the Securities of such series; provided that, if the Company elects to exercise its right to extend the Stated Maturity of the principal of the Securities of such series pursuant to this clause (ii), above, at the time such election is made and at the time of extension (A) the Company is not in bankruptcy, otherwise insolvent or in liquidation, (B) the Company is not in default in the payment of any interest or principal on such Securities, (C) in if the case of any series of Securities issued to an Aon TrustIssuer Trust has not been liquidated, such Aon Issuer Trust is not in arrears on payments of Distributions on the Trust Preferred Securities issued by such Aon Issuer Trust and no deferred Distributions are accumulated, and (D) such Securities are rated not less than BBB- by Standard & Poor's Ratings Services S&P or Baa3 by Xxxxx'x Investors Service, Inc. or the equivalent by any other nationally recognized statistical rating organizationorganization and (E) after such extension, the Securities shall not have a remaining term to maturity of more than 30 years. In the event the Company elects to shorten or extend the Stated Maturity of the Securities of a particular such series, it shall give notice to the Trustee (not less than 45 days prior to the effectiveness thereof)Trustee, and the Trustee shall give notice of such shortening or extension to the holders Holders, not less than 30 nor and not more than 60 days prior to the effectiveness thereof.

Appears in 1 contract

Samples: Scana Corp

Shortening or Extension of Stated Maturity. If specified as contemplated by Section 2.01 or Section 2.02 with respect to the Securities of a particular series, the Company shall have the right to (i) shorten the Stated Maturity of the principal of the Securities of such series at any time to any date not earlier than the first date on which the Company has the right, if any, right to redeem the Securities of such seriesSeries, and (ii) extend the Stated Maturity of the principal of the Securities of such series at any time at its election for one or more periods, but in no event to a date later than the 49th anniversary of the first interest payment date following the Original Issue Date of the Securities of such series; provided that, if the Company elects to exercise its right to extend the Stated Maturity of the principal of the Securities of such series pursuant to this clause (ii), at the time such election is made and at the time of extension (A) the Company is not in bankruptcy, otherwise insolvent or in liquidation, (B) the Company is not in default in the payment of any interest or principal on such Securities, (C) in the case of any series of Securities issued to an Aon a Xxxxx Fargo Trust, such Aon Xxxxx Fargo Trust is not in arrears on payments of Distributions on the Preferred Securities issued by such Aon Xxxxx Fargo Trust and no deferred Distributions are accumulated, and (D) such Securities are rated not less than BBB- by Standard & Poor's Ratings Services or Baa3 by Xxxxx'x Investors Service, Inc. or the equivalent by any other nationally recognized statistical rating organization. In the event the Company elects to shorten or extend the Stated Maturity of the Securities of a particular seriesSecurities, it shall give notice to the Trustee (not less than 45 days prior to the effectiveness thereof)Trustee, and the Trustee shall give notice of such shortening or extension to the holders not no less than 30 nor and no more than 60 days prior to the effectiveness thereof.

Appears in 1 contract

Samples: Wells Fargo Capital Iii

Shortening or Extension of Stated Maturity. If specified as contemplated by Section 2.01 2.1 or Section 2.02 2.2 with respect to the Securities of a particular series, the Company shall have the right to (i) shorten the Stated Maturity of the principal of the Securities of such series at any time to any date not earlier than the first date on which the Company has the right, if any, to redeem the Securities of such series, and (ii) extend the Stated Maturity of the principal of the Securities of such series at any time at its election for one or more periods, but in no event to a date later than the 49th anniversary of the first interest payment date following the Original Issue Date of the Securities of such series; provided that, if the Company elects to exercise its right to extend the Stated Maturity of the principal of the Securities of such series pursuant to this clause (ii), at the time such election is made and at the time of extension (A) the Company is not in bankruptcy, otherwise insolvent or in liquidation, (B) the Company is not in default in the payment of any interest or principal on such Securities, and (C) in the case of any series of Securities issued to an Aon Trust, such Aon Trust is not in arrears on payments of Distributions on the Preferred Securities issued by such Aon Trust and no deferred Distributions are accumulated, and (D) such Securities are rated not less than BBB- [BBB-] by Standard & Poor's ’s Ratings Services or Baa3 [Baa3] by Xxxxx'x Xxxxx’x Investors Service, Inc. or the equivalent by any other nationally recognized statistical rating organization. In the event the Company elects to shorten or extend the Stated Maturity of the Securities of a particular series, it shall give notice to the Trustee (not less than 45 days prior to the effectiveness thereof), and the Trustee shall give notice of such shortening or extension to the holders not less than 30 nor more than 60 days prior to the effectiveness thereof.

Appears in 1 contract

Samples: Dominion Resources Inc /Va/

Shortening or Extension of Stated Maturity. If specified as contemplated by Section 2.01 2.1 or Section 2.02 3.1 with respect to the Securities of a particular series, the Company Corporation shall have the right to (i) shorten the Stated Maturity of the principal of the Securities of such series at any time to any date not earlier than the first date on which the Company has the right, if any, right to redeem the Securities of such series, and (ii) extend the Stated Maturity of the principal of the Securities of such series at any time at its election for one or more periods, but in no event to a date later than the 49th anniversary of the first interest payment date Interest Payment Date following the Original Issue Date of the Securities of such series; provided that, if the Company elects to exercise its right to extend the Stated Maturity of the principal of the Securities of such series pursuant to this clause (ii), above, at the time such election is made and at the time of extension (A) the Company is not in bankruptcy, otherwise insolvent or in liquidation, (B) the Company is not in default in the payment of any interest or principal on such Securities, (C) in if the case of any series of Securities issued to an Aon TrustIssuer Trust has not been liquidated, such Aon Issuer Trust is not in arrears on payments of Distributions on the Preferred Securities issued by such Aon Issuer Trust and no deferred Distributions are accumulated, and (D) such Securities are rated not less than BBB- by Standard & Poor's Ratings Services S&P or Baa3 by Xxxxx'x Investors Service, Inc. or Moodx'x xx the equivalent by any other nationally recognized statistical rating organizationorganization and (E) after such extension, the Securities shall not have a remaining term to maturity of more than 30 years. In the event the Company elects to shorten or extend the Stated Maturity of the Securities of a particular such series, it shall give notice to the Trustee (not less than 45 days prior to the effectiveness thereof)Trustee, and the Trustee shall give notice of such shortening or extension to the holders not Holders, no less than 30 nor and no more than 60 days prior to the effectiveness thereof.

Appears in 1 contract

Samples: Fifth Third Bancorp

Shortening or Extension of Stated Maturity. If specified as contemplated by Section 2.01 2.1 or Section 2.02 3.1 with respect to the Securities of a particular series, the Company Corporation shall have the right to (i) shorten the Stated Maturity of the principal of the Securities of such series at any time to any date not earlier than the first date on which the Company has the right, if any, right to redeem the Securities of such series, series and (ii) extend the Stated Maturity of the principal of the Securities of such series at any time at its election for one or more periods, but in no event to a date later than the 49th anniversary of the first interest payment date Interest Payment Date following the Original Issue Date of the Securities of such series; provided that, if the Company elects to exercise its right to extend the Stated Maturity of the principal of the Securities of such series pursuant to this clause (ii)) above, at the time such election is made and at the time of extension extension, (A) the Company is not in bankruptcy, otherwise insolvent or in liquidation, (B) the Company is not in default in the payment of any interest or principal on such Securities, (C) in if the case of any series of Securities issued to an Aon TrustIssuer Trust has not been liquidated, such Aon Issuer Trust is not in arrears on payments of Distributions on the Trust Preferred Securities issued by such Aon Issuer Trust and no deferred Distributions are accumulated, and (D) after such extension, the Securities are rated shall not less have a remaining term to maturity of more than BBB- by Standard & Poor's Ratings Services or Baa3 by Xxxxx'x Investors Service, Inc. or the equivalent by any other nationally recognized statistical rating organization30 years. In the event the Company elects to shorten or extend the Stated Maturity of the Securities of a particular such series, it shall give notice to the Trustee (not less than 45 days prior to the effectiveness thereof)Trustee, and the Trustee shall give notice of such shortening or extension to the holders Holders, not less than 30 nor and not more than 60 days prior to the effectiveness thereof.

Appears in 1 contract

Samples: Subordinated Indenture (Sea Pines Associates Inc)

Shortening or Extension of Stated Maturity. If specified as contemplated by Section 2.01 2.1 or Section 2.02 3.1 with respect to the Securities of a particular series, the Company Corporation shall have the right to (i) shorten the Stated Maturity of the principal of the Securities of such series at any time to any date not earlier than the first date on which the Company has the right, if any, right to redeem the Securities of such series, series and (ii) extend the Stated Maturity of the principal of the Securities of such series at any time at its election for one or more periods, but in no event to a date later than the 49th anniversary of the first interest payment date Interest Payment Date following the Original Issue Date of the Securities of such series; provided that, if the Company elects to exercise its right to extend the Stated Maturity of the principal of the Securities of such series pursuant to this clause (ii), above, at the time such election is made 146 and at the time of extension (A) the Company is not in bankruptcy, otherwise insolvent or in liquidation, (B) the Company is not in default in the payment of any interest or principal on such Securities, (C) in if the case of any series of Securities issued to an Aon TrustIssuer Trust has not been liquidated, such Aon Issuer Trust is not in arrears on payments of Distributions on the Trust Preferred Securities issued by such Aon Issuer Trust and no deferred Distributions are accumulated, and (D) such Securities are rated not less than BBB- by Standard & Poor's Ratings Services S&P or Baa3 by Xxxxx'x Investors Service, Inc. or the equivalent by any other nationally recognized statistical rating organizationorganization and (E) after such extension, the Securities shall not have a remaining term to maturity of more than 30 years. In the event the Company elects to shorten or extend the Stated Maturity of the Securities of a particular such series, it shall give notice to the Trustee (not less than 45 days prior to the effectiveness thereof)Trustee, and the Trustee shall give notice of such shortening or extension to the holders Holders, not less than 30 nor and not more than 60 days prior to the effectiveness thereof.

Appears in 1 contract

Samples: Scana Corp

AutoNDA by SimpleDocs

Shortening or Extension of Stated Maturity. If specified as contemplated by Section 2.01 2.1 or Section 2.02 3.1 with respect to the Securities of a particular series, the Company shall have the right to (i) shorten the Stated Maturity of the principal of the Securities of such series at any time to any date not earlier than the first date on which the Company has the right, if any, right to redeem the Securities of such series, and (ii) extend the Stated Maturity of the principal of the Securities of such series at any time at its election for one or more periods, but in no event to a date later than the 49th anniversary of the first interest payment date following the Original Issue Date of the Securities of such series; provided that, if the Company elects to exercise its right to extend the Stated Maturity of the principal of the Securities of such series pursuant to this clause (ii), above, at the time such election is made and at the time of extension (A) the Company is not in bankruptcy, otherwise insolvent or in liquidation, (B) the Company is not in default in the payment of any interest or principal on such Securities, (C) in the case of any series of Securities issued to an Aon held by a Trust, such Aon Trust is not in arrears on payments of Distributions on the Preferred Capital Securities issued by such Aon Trust and no deferred Distributions are accumulated, accumulated and (D) such Securities are rated not less than BBB- by Standard & Poor's Ratings Services S&P or Baa3 by Xxxxx'x Investors Service, Inc. or the equivalent by any other nationally recognized statistical rating organization. In the event the Company elects to shorten or extend the Stated Maturity of the Securities of a particular seriesSeries A Subordinated Debentures, it shall give written notice to the Trustee (not less than 45 days prior to the effectiveness thereof)Trustee, and the Trustee shall give notice of such shortening or extension to the holders not Holders, no less than 30 nor and no more than 60 days prior to the effectiveness thereof. The Company's right to shorten the Stated Maturity of the principal of the Securities of such series pursuant to clause (i) above is subject to the Company having received (A) prior approval of the Federal Reserve if required under applicable capital guidelines or policies and (B) an opinion of nationally recognized independent counsel experienced in such matters to the effect that after the shortening of maturity, interest paid on the Junior Subordinated Debentures will be deductible by Provident for United States federal income tax purposes; the holders of Capital Securities will not recognize income, gain or loss for United States federal income tax purposes as a result of the shortening of maturity, and will be taxed under United States federal income tax law in the same amount, in the manner and at the same times as would have been the case if the shortening of maturity had not occurred; and the shortening of maturity will not cause the Trust to be classified as other than a grantor trust for United States federal income tax purposes.

Appears in 1 contract

Samples: Declaration of Trust (Provident Capital Trust Iii)

Shortening or Extension of Stated Maturity. If specified as contemplated by Section 2.01 or Section 2.02 with respect to the Securities of a particular series, the Company shall have the right to (i) shorten the Stated Maturity of the principal of the Securities of such series at any time to any date not earlier than the first date on which the Company has the right, if any, right to redeem the Securities of such seriesSeries, and (ii) extend the Stated Maturity of the principal of the Securities of such series at any time at its election for one or more periods, but in no event to a date later than the 49th anniversary of the first interest payment date following the Original Issue Date of the Securities of such series; provided that, if the Company elects to exercise its right to extend the Stated Maturity of the principal of the Securities of such series pursuant to this clause (ii), at the time such election is made and at the time of extension (A) the Company is not in bankruptcy, otherwise insolvent or in liquidation, (B) the Company is not in default in the payment of any interest or principal on such Securities, (C) in the case of any series of Securities issued to an Aon Trust, a Bear Xxxxxxx Trust such Aon Bear Xxxxxxx Trust is not in arrears on payments of Distributions on the Preferred Securities issued by such Aon Bear Xxxxxxx Trust and no deferred Distributions are accumulated, and (D) such Securities are rated not less than BBB- by Standard & Poor's Ratings Services or Baa3 by Xxxxx'x Investors Service, Inc. or the equivalent by any other nationally recognized statistical rating organization. In the event the Company elects to shorten or extend the Stated Maturity of the Securities of a particular seriesSecurities, it shall give notice to the Trustee (not less than 45 days prior to the effectiveness thereof)Trustee, and the Trustee shall give notice of such shortening or extension to the holders not no less than 30 nor and no more than 60 days prior to the effectiveness thereof.

Appears in 1 contract

Samples: Indenture (Bear Stearns Capital Trust V)

Shortening or Extension of Stated Maturity. If specified as contemplated by Section 2.01 2.1 or Section 2.02 3.1 with respect to the Securities of a particular series, the Company Corporation shall have the right to (i) shorten the Stated Maturity of the principal of the Securities of such series at any time to any date not earlier than the first date on which the Company has the right, if any, right to redeem the Securities of such series, series and (ii) extend the Stated Maturity of the principal of the Securities of such series at any time at its election for one or more periods, but in no event to a date later than the 49th anniversary of the first interest payment date Interest Payment Date following the Original Issue Date of the Securities of such series; provided that, if the Company elects to exercise its right to extend the Stated Maturity of the principal of the Securities of such series pursuant to this clause (ii), above, at the time such election is made and at the time of extension (A) the Company is not in bankruptcy, otherwise insolvent or in liquidation, (B) the Company is not in default in the payment of any interest or principal on such Securities, (C) in if the case of any series of Securities issued to an Aon TrustIssuer Trust has not been liquidated, such Aon Issuer Trust is not in arrears on payments of Distributions on the Trust Preferred Securities issued by such Aon Issuer Trust and no deferred Distributions are accumulated, and (D) such Securities are rated not less than BBB- by Standard & Poor's Ratings Services S&P or Baa3 by Xxxxx'x Investors Service, Inc. Moody's or the equivalent by any other nationally recognized statistical recognixxx xxxtistical rating organizationorganization and (E) after such extension, the Securities shall not have a remaining term to maturity of more than 30 years. In the event the Company elects to shorten or extend the Stated Maturity of the Securities of a particular such series, it shall give notice to the Trustee (not less than 45 days prior to the effectiveness thereof)Trustee, and the Trustee shall give notice of such shortening or extension to the holders Holders, not less than 30 nor and not more than 60 days prior to the effectiveness thereof.

Appears in 1 contract

Samples: Sce&g Trust I

Shortening or Extension of Stated Maturity. If specified as contemplated by Section 2.01 2.1 or Section 2.02 3.1 with respect to the Securities of a particular series, the Company shall have the right to (i) shorten the Stated Maturity of the principal of the Securities of such series at any time to any date not earlier than the first date on which the Company has the right, if any, right to redeem the Securities of such series, and (ii) extend the Stated Maturity of the principal of the Securities of such series at any time at its election for one or more periods, but in no event to a date later than the 49th anniversary of 49 years after the first interest payment date Interest Payment Date following the Original Issue Date of the Securities of such series; provided that, if the Company elects to exercise its right to extend the Stated Maturity of the principal of the Securities of such series pursuant to this clause (ii)) above, at the time such election is made and at the time of extension (A) the Company is not in bankruptcy, otherwise insolvent or in liquidation, (B) the Company is not in default in the payment of any interest or principal on such Securities, (C) in the case ASBC Trust holding Securities of any such series of Securities issued to an Aon Trust, such Aon Trust is not in arrears on payments of Distributions on the Preferred Capital Securities issued by such Aon ASBC Trust and no deferred Distributions are accumulated, accumulated and (D) such Securities are rated not less than BBB- by Standard & Poor's Ratings Services S&P or Baa3 by Xxxxx'x Investors Service, Inc. Xxxxx’x or the equivalent by Fitch or any other nationally recognized statistical rating organization. In the event the Company elects to shorten or extend the Stated Maturity of the Securities of a particular any series, it shall give notice to the Trustee (not less than 45 days prior to the effectiveness thereof)Trustee, and the Trustee shall give notice of such shortening or extension to the holders not Holders thereof no less than 30 nor and no more than 60 days prior to the effectiveness thereof.

Appears in 1 contract

Samples: Asbc Capital Ii

Shortening or Extension of Stated Maturity. If specified as contemplated by Section 2.01 2.1 or Section 2.02 3.1 with respect to the Securities of a particular seriesseries and except as otherwise specified therein, the Company shall have the right to (i) shorten the Stated Maturity of the principal of the Securities of such series at any time to any date not earlier than the first date on which the Company has the right, if any, right to redeem the Securities of such series, and (ii) extend the Stated Maturity of the principal of the Securities of such series at any time at its election for one or more periods, but in no event to a date later than the 49th anniversary of the first interest payment date Interest Payment Date following the Original Issue Date of the Securities of such series; provided that, if the Company elects to exercise its right to extend the Stated Maturity of the principal of the Securities of such series pursuant to this clause (ii), above, at the time such election is made and at the time of extension (A) the Company is not in bankruptcy, otherwise insolvent or in liquidation, (B) the Company is not in default in the payment of any interest or principal on such Securities, (C) in the case of any series of Securities issued to an Aon a BankAmerica Trust, such Aon BankAmerica Trust is not in arrears on payments of Distributions on the Preferred Securities issued by such Aon BanicAmerica Trust and no deferred Distributions are accumulated, accumulated and (D) such Securities are rated not less than BBB- by Standard & Poor's Ratings Services S&P or Baa3 by Xxxxx'x Investors Service, Inc. or the equivalent by any other nationally recognized statistical rating organization. In the event the Company elects to shorten or extend the Stated Maturity of the Securities any series of a particular seriesSecurities, it shall give notice to the Trustee (not less than 45 days prior to the effectiveness thereof)Trustee, and the Trustee shall give notice of such shortening or extension to the holders not Holders, no less than 30 nor and no more than 60 90 days prior to the effectiveness thereof.

Appears in 1 contract

Samples: Indenture (Bankamerica Corp/De/)

Shortening or Extension of Stated Maturity. If specified as contemplated by Section 2.01 2.1 or Section 2.02 3.1 with respect to the Securities of a particular series, the Company Corporation shall have the right to (i) shorten the Stated Maturity of the principal of the Securities of such series at any time to any date not earlier than the first date on which the Company has the right, if any, right to redeem the Securities of such series, and (ii) extend the Stated Maturity of the principal of the Securities of such series at any time at its election for one or more periods, but in no event to a date later than the 49th anniversary of the first interest payment date Interest Payment Date following the Original Issue Date of the Securities of such series; provided that, if the Company elects to exercise its right to extend the Stated Maturity of the principal of the Securities of such series pursuant to this clause (ii), above, at the time such election is made and at the time of extension (A) the Company is not in bankruptcy, otherwise insolvent or in liquidation, (B) the Company is not in default in the payment of any interest or principal on such Securities, (C) in if the case of any series of Securities issued to an Aon TrustIssuer Trust has not been liquidated, such Aon Issuer Trust is not in arrears on payments of Distributions on the Preferred Capital Securities issued by such Aon Issuer Trust and no deferred Distributions are accumulated, and (D) such Securities are rated not less than BBB- by Standard & Poor's Ratings Services S&P or Baa3 by Xxxxx'x Investors Service, Inc. or the equivalent by any other nationally recognized statistical rating organizationorganization and (E) after such extension, the Securities shall not have a remaining term to maturity of more than 30 years. In the event the Company elects to shorten or extend the Stated Maturity of the Securities of a particular such series, it shall give notice to the Trustee (not less than 45 days prior to the effectiveness thereof)Trustee, and the Trustee shall give notice of such shortening or extension to the holders not Holders, no less than 30 nor and no more than 60 days prior to the effectiveness thereof.

Appears in 1 contract

Samples: Indenture (Bank of New York Co Inc)

Shortening or Extension of Stated Maturity. If specified as contemplated by Section 2.01 2.1 or Section 2.02 3.1 with respect to the Securities of a particular series, the Company Corporation shall have the right to (i) shorten the Stated Maturity of the principal of the Securities of such series at any time to any date not earlier than the first date on which the Company has the right, if any, right to redeem the Securities of such series, and (ii) extend the Stated Maturity of the principal of the Securities of such series at any time at its election for one or more periods, but in no event to a date later than the 49th anniversary of the first interest payment date Interest Payment Date following the Original Issue Date of the Securities of such series; provided that, if the Company elects to exercise its right to extend the Stated Maturity of the principal of the Securities of such series pursuant to this clause (ii), above, at the time such election is made and at the time of extension (A) the Company is not in bankruptcy, otherwise insolvent or in liquidation, (B) the Company is not in default in the payment of any interest or principal on such Securities, (C) in if the case of any series of Securities issued to an Aon TrustIssuer Trust has not been liquidated, such Aon Issuer Trust is not in arrears on payments of Distributions on the Preferred Capital Securities issued by such Aon Issuer Trust and no deferred Distributions are accumulated, and (D) such Securities are rated not less than BBB- by Standard & Poor's Ratings Services S&P or Baa3 by Xxxxx'x Investors Service, Inc. or Moodx'x xx the equivalent by any other nationally recognized statistical rating organizationorganization and (E) after such extension, the Securities shall not have a remaining term to maturity of more than 30 years. In the event the Company elects to shorten or extend the Stated Maturity of the Securities of a particular such series, it shall give notice to the Trustee (not less than 45 days prior to the effectiveness thereof)Trustee, and the Trustee shall give notice of such shortening or extension to the holders not Holders, no less than 30 nor and no more than 60 days prior to the effectiveness thereof.

Appears in 1 contract

Samples: Indenture (Banponce Trust Ii)

Shortening or Extension of Stated Maturity. If specified as contemplated by Section 2.01 or Section 2.02 with respect to the Securities of a particular series, the Company shall have the right to (i) shorten the Stated Maturity of the principal of the Securities of such series at any time to any date not earlier than the first date on which the Company has the right, if any, to redeem the Securities of such series, and (ii) extend the Stated Maturity of the principal of the Securities of such series at any time at its election for one or more periods, but in no event to a date later than the 49th anniversary of the first interest payment date following the Original Issue Date of the Securities of such series; series; provided that, if the Company elects to exercise its right to extend the Stated Maturity of the principal of the Securities of such series pursuant to this clause (ii), at the time such election is made and at the time of extension (A) the Company is not in bankruptcy, otherwise insolvent or in liquidation, (B) the Company is not in default in the payment of any interest or principal on such Securities, (C) in the case of any series of Securities issued to an Aon Trust, such Aon Trust is not in arrears on payments of Distributions on the Preferred Securities issued by such Aon Trust and no deferred Distributions are accumulated, and (D) such Securities are rated not less than BBB- by Standard & Poor's Ratings Services or Baa3 by Xxxxx'x Investors Service, Inc. or the equivalent by any other nationally recognized statistical rating organization. In the event the Company elects to shorten or extend the Stated Maturity of the Securities of a particular series, it shall give notice to the Trustee (not less than 45 days prior to the effectiveness thereof), and the Trustee shall give notice of such shortening or extension to the holders not less than 30 nor more than 60 days prior to the effectiveness thereof.

Appears in 1 contract

Samples: Indenture

Shortening or Extension of Stated Maturity. If specified as contemplated by Section 2.01 2.1 or Section 2.02 2.2 with respect to the Securities of a particular series, the Company shall have the right to (i) shorten the Stated Maturity of the principal of the Securities of such series at any time to any date not earlier than the first date on which the Company has the right, if any, to redeem the Securities of such series, and (ii) extend the Stated Maturity of the principal of the Securities of such series at any time at its election for one or more periods, but in no event to a date later than the 49th anniversary of the first interest payment date following the Original Issue Date of the Securities of such series; provided that, if the Company elects to exercise its right to extend the Stated Maturity of the principal of the Securities of such series pursuant to this clause (ii), at the time such election is made and at the time of extension (A) the Company is not in bankruptcy, otherwise insolvent or in liquidation, (B) the Company is not in default in the payment of any interest or principal on such Securities, (C) in the case of any series of Securities issued to an Aon Energy East Trust, such Aon Energy East Trust is not in arrears on payments of Distributions on the Preferred Securities issued by such Aon Energy East Trust and no deferred Distributions are accumulated, and (D) such Securities are rated not less than BBB- by Standard & Poor's Ratings Services or Baa3 by Xxxxx'x Investors Service, Inc. or the equivalent by any other nationally recognized statistical rating organization. In the event the Company elects to shorten or extend the Stated Maturity of the Securities of a particular series, it shall give notice to the Trustee (not less than 45 days prior to the effectiveness thereof), and the Trustee shall give notice of such shortening or extension to the holders not less than 30 nor more than 60 days prior to the effectiveness thereof.

Appears in 1 contract

Samples: Energy East Capital Trust Ii

Time is Money Join Law Insider Premium to draft better contracts faster.