Common use of Subordination of Trust Common Securities Clause in Contracts

Subordination of Trust Common Securities. (a) Payment of Distributions (including Additional Amounts, if applicable) on, and the Redemption Price of, the Trust Securities, as applicable, shall be made pro rata based on the respective Liquidation Amounts of the applicable Trust Securities; provided, however, that if on any Distribution Date or Redemption Date a Debenture Indenture Event of Default shall have occurred and be continuing, no payment of any Distribution (including Additional Amounts, if applicable) on, or Redemption Price of, any Trust Common Security, and no other payment on account of the redemption, liquidation or other acquisition of Trust Common Securities, shall be made unless payment in full in cash of all accumulated and unpaid Distributions (including Additional Amounts, if applicable) on all Outstanding Trust Preferred Securities for all distribution periods terminating on or prior thereto, or in the case of payment of the Redemption Price the full amount of such Redemption Price on all Outstanding Trust Preferred Securities, shall have been made or provided for, and in funds immediately available to the Property Trustee shall first be applied to the payment in full in cash of all Distributions (including Additional Amounts, if applicable) on, or the Redemption Price of, Trust Preferred Securities then due and payable.

Appears in 11 contracts

Samples: Trust Agreement (HPH Homebuilders 2000 Lp), Trust Agreement (DRH Regrem Xii Lp), Trust Agreement (Semco Energy Inc)

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Subordination of Trust Common Securities. (a) Payment of Distributions (including Additional Amounts, if applicable) on, and the Redemption Price of, the Trust Securities, as applicable, shall be made pro rata based on the respective Liquidation Amounts Preference of the applicable Trust Securities; provided, however, that if on any -------- ------- Distribution Date or Redemption Date Date, a Debenture Indenture Event of Default shall have occurred and be continuing, no payment of any Distribution (including Additional Amounts, if applicable) on, or Redemption Price of, any Trust Common Security, and no other payment on account of the redemption, liquidation or other acquisition of Trust Common Securities, shall be made unless payment in full in cash of all accumulated and unpaid Distributions (including Additional Amounts, if applicable) on all Outstanding Trust Preferred Securities for all distribution periods terminating on or prior thereto, or in the case of payment of the Redemption Price Price, the full amount of such Redemption Price on all Outstanding Trust Preferred SecuritiesSecurities then being redeemed, shall have been made or provided for, and in all funds immediately available to the Property Trustee shall first be applied to the payment in full in cash of all Distributions (including Additional Amounts, if applicable) on, or the Redemption Price of, Trust Preferred Securities then due and payable.

Appears in 4 contracts

Samples: Trust Agreement and Agreement (Hawaiian Electric Co Inc), Trust Agreement (Hawaiian Electric Co Inc), Trust Agreement (Heco Capital Trust I)

Subordination of Trust Common Securities. (a) Payment of Distributions (including Additional Amounts, if applicable) on, and the Redemption Price of, the Trust Securities, as applicable, shall be made pro rata based on the respective Liquidation Amounts Preference of the applicable Trust Securities; provided, however, that if on any Distribution Date or Redemption Date Date, a Debenture Indenture Event of Default shall have occurred and be continuing, no payment of any Distribution (including Additional Amounts, if applicable) on, or Redemption Price of, any Trust Common Security, and no other payment on account of the redemption, liquidation or other acquisition of Trust Common Securities, shall be made unless payment in full in cash of all accumulated and unpaid Distributions (including Additional Amounts, if applicable) on all Outstanding Trust Preferred Securities for all distribution periods terminating on or prior thereto, or in the case of payment of the Redemption Price Price, the full amount of such Redemption Price on all Outstanding Trust Preferred SecuritiesSecurities then being redeemed, shall have been made or provided for, and in all funds immediately available to the Property Trustee shall first be applied to the payment in full in cash of all Distributions (including Additional Amounts, if applicable) on, or the Redemption Price of, Trust Preferred Securities then due and payable.

Appears in 4 contracts

Samples: Trust Agreement (Maui Electric Co LTD), Trust Agreement (Hawaiian Electric Co Inc), Trust Agreement (Redwood Capital Trust Ii)

Subordination of Trust Common Securities. (a) Payment of Distributions (including Additional Amounts, if applicable) on, and the Redemption Price of, and the Liquidation Distribution in respect of, the Trust Securities, as applicable, shall be made made, subject to Section 402(e), pro rata among the Trust Common Securities and the Trust Preferred Securities based on the respective Liquidation Amounts Amount of the applicable such Trust Securities; provided, however, that if on any Distribution Date or Redemption Date a Debenture Indenture any Event of Default resulting from a Debenture Event of Default in Sections 8.01(a)(1) or (2) of the Indenture shall have occurred and be continuing, no payment of any Distribution (including any Additional Amounts, if applicable) on, or Redemption Price of, or Liquidation Distribution in respect of, any Trust Common Security, and no other payment on account of the redemption, liquidation or other acquisition of Trust Common Securities, shall be made unless payment in full in cash of all accumulated and unpaid Distributions (including any Additional Amounts, if applicable) on all Outstanding Trust Preferred Securities for all distribution Distribution periods terminating on or prior thereto, or, in the case of payment of the Redemption Price, the full amount of such Redemption Price on all Outstanding Trust Preferred Securities then called for redemption, or in the case of payment of the Redemption Price Liquidation Distribution, the full amount of such Redemption Price Liquidation Distribution on all Outstanding Trust Preferred Securities, shall have been made or provided for, and in all funds immediately available to the Property Trustee shall first be applied to the payment in full in cash of all Distributions (including any Additional Amounts, if applicable) on, or the Redemption Price of, or Liquidation Distribution in respect of, Trust Preferred Securities then due and payable. The existence of an Event of Default does not entitle the Holders of Trust Preferred Securities to accelerate the maturity thereof.

Appears in 3 contracts

Samples: Trust Agreement (Great Plains Energy Inc), Trust Agreement (Ameren Corp), Trust Agreement (Great Plains Energy Inc)

Subordination of Trust Common Securities. (a) Payment of Distributions (including Additional Amounts, if applicable) on, and the Redemption Price of, and the Liquidation Distribution in respect of, the Trust Securities, as applicable, shall be made made, subject to Section 402(e), pro rata among the Trust Common Securities and the Trust Preferred Securities based on the respective Liquidation Amounts Amount of the applicable such Trust Securities; provided, however, that if on any Distribution Date or Redemption Date a Debenture Indenture Date, any Event of Default resulting from a Debt Event of Default in Section 801(a) or 801(b) of the Indenture shall have occurred and be continuing, no payment of any Distribution (including any Additional Amounts, if applicable) on, or Redemption Price of, or Liquidation Distribution in respect of, any Trust Common Security, and no other payment on account of the redemption, liquidation or other acquisition of Trust Common Securities, shall be made unless payment in full in cash of all accumulated and unpaid Distributions (including any Additional Amounts, if applicable) on all Outstanding Trust Preferred Securities for all distribution Distribution periods terminating on or prior thereto, or, in the case of payment of the Redemption Price, the full amount of such Redemption Price on all Outstanding Trust Preferred Securities then called for redemption, or in the case of payment of the Redemption Price Liquidation Distribution, the full amount of such Redemption Price Liquidation Distribution on all Outstanding Trust Preferred Securities, shall have been made or provided for, and in all funds immediately available to the Property Trustee shall first be applied to the payment in full in cash of all Distributions (including any Additional Amounts, if applicable) on, or the Redemption Price of, or Liquidation Distribution in respect of, Trust Preferred Securities then due and payable. The existence of an Event of Default does not entitle the Holders of Trust Preferred Securities to accelerate the maturity thereof.

Appears in 2 contracts

Samples: Trust Agreement (Union Electric Co), Trust Agreement (Union Electric Capital Trust I)

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Subordination of Trust Common Securities. (a) Payment of Distributions (including Additional Amounts, if applicable) on, and the Redemption Price of, the Trust Securities, as applicable, shall be made made, pro rata among the Trust Common Securities and the Trust Preferred Securities based on the respective Liquidation Amounts Amount of the applicable Trust Securities; provided, however, that if on any Distribution Date or Redemption Date any Event of Default resulting from a Debenture Indenture Note Event of Default shall have occurred and be continuing, no payment of any Distribution (including Additional Amounts, if applicable) on, or Redemption Price of, any Trust Common Security, and no other payment on account of the redemption, liquidation or other acquisition of Trust Common Securities, shall be made unless payment in full in cash of all accumulated and unpaid Distributions (including Additional Amounts, if applicable) on all Outstanding Trust Preferred Securities for all distribution periods Distribution Periods terminating on or prior thereto, or in the case of payment of the Redemption Price the full amount of such Redemption Price on all Outstanding Trust Preferred SecuritiesSecurities then called for redemption, shall have been made or provided for, and in all funds immediately available to the Property Trustee shall first be applied to the payment in full in cash of all Distributions (including Additional Amounts, if applicable) on, or the Redemption Price of, Trust Preferred Securities then due and payable.

Appears in 2 contracts

Samples: Trust Agreement (Schwab Charles Corp), Trust Agreement (Schwab Capital Trust Ii)

Subordination of Trust Common Securities. (a) Payment of Distributions (including any Additional Amounts, if applicable) on, and the Redemption Price of, and the Liquidation Distribution in respect of the Trust Securities, as applicable, shall be made made, subject to the allocation provisions of Section 4.2(e), pro rata among the Trust Common Securities and the Trust Preferred Securities based on the respective Liquidation Amounts Amount of the applicable Trust Securities; provided, however, that if on any Distribution Date, Redemption Date or Redemption Liquidation Date a Debenture Indenture any Event of Default resulting from a Debenture Event of Default specified in Section 5.1(a) or 5.1(b) of the Indenture shall have occurred and be continuing, no payment of any Distribution (including any Additional Amounts, if applicable) on, or Redemption Price of, or Liquidation Distribution in respect of any Trust Common Security, and no other payment on account of the redemption, liquidation or other acquisition of Trust Common Securities, shall be made unless unless: (1) payment in full in cash of (a) all accumulated and unpaid Distributions (including any Additional Amounts, if applicable) on all Outstanding Trust Preferred Securities for all distribution Distribution periods terminating on or prior thereto, or (b) in the case of payment of the Redemption Price Price, the full amount of such Redemption Price on all Outstanding Trust Preferred Securities then called for redemption, or (c) in the case of payment of the Liquidation Distribution, the full amount of such Liquidation Distribution on all Outstanding Trust Preferred Securities, shall have been made or provided for, and in (2) all funds immediately available to the Property Trustee shall first be applied to the payment in full in cash of all Distributions (including any Additional Amounts, if applicable) on, or the Redemption Price of, the Trust Preferred Securities then due and payable.

Appears in 1 contract

Samples: Trust Agreement (Sea Pines Associates Inc)

Subordination of Trust Common Securities. (a) Payment of Distributions (including Additional Amounts, if applicable) on, and the Redemption Price of, the Trust Securities, as applicable, shall be made pro rata based on the respective Liquidation Amounts of the applicable Trust Securities; provided, however, that if on any Distribution Date or Redemption Date a Debenture an Indenture Event of Default shall have occurred and be continuing, no payment of any Distribution (including Additional Amounts, if applicable) on, or Redemption Price of, any Trust Common Security, and no other payment on account of the redemption, liquidation or other acquisition of Trust Common Securities, shall be made unless payment in full in cash of all accumulated and unpaid Distributions (including Additional Amounts, if applicable) on all Outstanding Trust Preferred Securities for all distribution periods terminating on or prior thereto, or in the case of payment of the Redemption Price the full amount of such Redemption Price on all Outstanding Trust Preferred Securities, shall have been made or provided for, and in funds immediately available to the Property Trustee shall first be applied to the payment in full in cash of all Distributions (including Additional Amounts, if applicable) on, or the Redemption Price of, Trust Preferred Securities then due and payable.

Appears in 1 contract

Samples: Trust Agreement (Semco Energy Inc)

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