Subordination. The obligations of the Guarantor under this Guarantee Agreement will constitute unsecured obligations of the Guarantor and will rank subordinate and junior in right of payment to all Senior Debt of the Guarantor.
Appears in 97 contracts
Samples: Guarantee Agreement (First Acceptance Corp /De/), Guarantee Agreement (Southcoast Financial Corp), Guarantee Agreement (First Community Bancorp /Ca/)
Subordination. The obligations of the Guarantor under this This Guarantee Agreement will constitute an unsecured obligations obligation of the Guarantor and will rank subordinate and junior in right of payment to all Senior Debt of the Guarantor.
Appears in 48 contracts
Samples: Guarantee Agreement (Lincoln National Corp), Guarantee Agreement (Metro Capital Trust V), Guarantee Agreement (Lincoln National Corp)
Subordination. The obligations of the Guarantor under this Guarantee Agreement will constitute unsecured obligations of the Guarantor and will rank subordinate and junior in right of payment to all Senior and Subordinated Debt of (as defined in the GuarantorIndenture) in the same manner as Debentures (as defined in the Trust Agreement).
Appears in 14 contracts
Samples: Agreement (Greater Bay Bancorp), Guarantee Agreement (Fib Capital Trust), Guarantee Agreement (Pacific Crest Capital Inc)
Subordination. The obligations of the Guarantor under this Guarantee Agreement will constitute unsecured obligations of the Guarantor and will rank subordinate and junior in right of payment to all Senior Debt (as defined in the Indenture) of the Guarantor, except those made pari passu or subordinate to such obligations expressly by their terms. in the same manner as set forth in Article XIII of the Indenture.
Appears in 14 contracts
Samples: Guarantee Agreement (Mbna Capital C), Guarantee Agreement (Mbna Capital V), Guarantee Agreement (Chase Capital Vi)
Subordination. The obligations of the Guarantor under this Guarantee Agreement will constitute unsecured obligations of the Guarantor and will rank subordinate and junior in right of payment to all Senior Debt Indebtedness of the Guarantor. The obligations of the Guarantor under this Guarantee Agreement do not constitute Senior Indebtedness, Senior Debt or Senior Subordinated Debt.
Appears in 14 contracts
Samples: Guarantee Agreement (KeyCorp Capital VIII), Guarantee Agreement (KeyCorp Capital VIII), Guarantee Agreement (Keycorp /New/)
Subordination. The obligations of the Guarantor under this Guarantee Agreement will constitute unsecured obligations of the Guarantor and will rank subordinate and junior in right of payment to all Senior Debt of and Subordinated Debt (as defined in the GuarantorIndenture) in the same manner as Debentures (as defined in the Trust Agreement).
Appears in 10 contracts
Samples: Guarantee Agreement (Easy Gardener Products LTD), Guarantee Agreement (Us Home & Garden Trust I), Guarantee Agreement (Us Home & Garden Trust I)
Subordination. The obligations of the Guarantor under this Guarantee Agreement will constitute unsecured obligations of the Guarantor and will rank subordinate and junior in right of payment to all Senior Debt of the GuarantorGuarantor to the extent and manner set forth in the Indenture. The obligations of the Guarantor under this Guarantee Agreement do not constitute Senior Debt.
Appears in 8 contracts
Samples: Guarantee Agreement (Regions Financing Trust Iii), Guarantee Agreement (Regions Financing Trust Ii), Guarantee Agreement (Regions Financing Trust Iii)
Subordination. The obligations of the Guarantor under this Guarantee Agreement will constitute unsecured obligations of the Guarantor and will rank subordinate and junior in right of payment to all Senior Debt other liabilities of the GuarantorGuarantor except those made pari passu or subordinate to such obligations expressly by their terms.
Appears in 7 contracts
Samples: Guarantee Agreement (Sce Trust I), Guarantee Agreement (Sce Trust I), Guarantee Agreement (Sce Trust I)
Subordination. The obligations of the Guarantor under this Guarantee Agreement will constitute unsecured obligations of the Guarantor and will rank subordinate and junior in right of payment to all Senior Debt (as defined in the Indenture) of the Guarantor, except those made pari passu or subordinate to such obligations expressly by their terms in the same manner as set forth in Article XIII of the Indenture.
Appears in 7 contracts
Samples: Guarantee Agreement (Mbna Corp), Guarantee Agreement (Mbna Corp), Guarantee Agreement (J P Morgan Chase Capital X)
Subordination. The obligations of the Guarantor under this Guarantee Agreement will constitute unsecured obligations of the Guarantor and will rank subordinate and junior in right of payment to all Senior Debt Indebtedness (as defined in the Indenture) of the Guarantor, except those made pari passu or subordinate to such obligations expressly by their terms, in the same manner as set forth in Article XIII of the Indenture.
Appears in 7 contracts
Samples: Guarantee Agreement (First Tennessee Capital Iv), Guarantee Agreement (First Tennessee National Corp), Guarantee Agreement (First Tennessee Capital Iv)
Subordination. The obligations of the Guarantor under this Guarantee Agreement will constitute unsecured obligations of the Guarantor and will rank subordinate and junior in right of payment to all Senior Debt of the GuarantorGuarantor to the extent and in the same manner that the Notes are subordinated to Senior Debt pursuant to the Indenture, it being understood that the terms of Article XII of the Indenture shall apply to the obligations of the Guarantor under this Guarantee Agreement as if such provisions were set forth in full herein.
Appears in 6 contracts
Samples: Guarantee Agreement (First Citizens Bancshares Inc /De/), Guarantee Agreement (Huntington Bancshares Inc/Md), Guarantee Agreement (Green Bankshares, Inc.)
Subordination. The obligations of the Guarantor under this Guarantee Agreement will constitute unsecured obligations of the Guarantor and will rank subordinate and junior in right of payment to all Senior Debt of in the Guarantorsame manner as Debentures.
Appears in 6 contracts
Samples: Guarantee Agreement (Silicon Valley Bancshares), Guarantee Agreement (Bancfirst Corp /Ok/), Guarantee Agreement (Bancfirst Corp /Ok/)
Subordination. The obligations of the Guarantor under this Guarantee Agreement will constitute unsecured obligations of the Guarantor and will rank subordinate and junior in right of payment to all Senior Debt of the GuarantorGuarantor to the extent and in the manner set forth in the Indenture. The obligations of the Guarantor under this Guarantee Agreement do not constitute Senior Debt.
Appears in 6 contracts
Samples: Guarantee Agreement (Everest Re Group LTD), Guarantee Agreement (Everest Re Group LTD), Guarantee Agreement (Everest Reinsurance Holdings Inc)
Subordination. The obligations of the Guarantor under this Guarantee Agreement will constitute unsecured obligations of the Guarantor and will rank subordinate and junior in right of payment to all Senior Debt of the Guarantor. The obligations of the Guarantor under this Guarantee Agreement do not constitute Senior Indebtedness, Senior Debt or Senior Subordinated Debt.
Appears in 6 contracts
Samples: Guarantee Agreement (Goldman Sachs Capital V), Guarantee Agreement (Goldman Sachs Group Inc/), Guarantee Agreement (Goldman Sachs Group Inc/)
Subordination. The obligations of the Guarantor under this This Guarantee Agreement will constitute an unsecured obligations obligation of the Guarantor and will rank subordinate and junior in right of payment to all Senior Debt Indebtedness of the Guarantor.
Appears in 6 contracts
Samples: Guarantee Agreement (Central Power & Light Co /Tx/), Guarantee Agreement (Central Power & Light Co /Tx/), Guarantee Agreement (Southwestern Electric Power Co)
Subordination. The obligations of the Guarantor under this This Guarantee Agreement will constitute an unsecured obligations obligation of the Guarantor and will rank subordinate and junior in right of payment to all Senior Debt general liabilities of the Guarantor.
Appears in 5 contracts
Samples: Guarantee Agreement (Pse&g Capital Trust Iii), Guarantee Agreement (Pse&g Capital Trust Iii), Guarantee Agreement (Pse&g Capital Trust Iii)
Subordination. The obligations of the Guarantor under this Guarantee Agreement will constitute unsecured obligations of the Guarantor and will rank subordinate and junior in right of payment to all Senior Debt (as defined in the Indenture) to the extent and in the manner set forth in the Indenture. The obligations of the GuarantorGuarantor under this Guarantee Agreement do not constitute Senior Debt (as defined in the Indenture).
Appears in 4 contracts
Samples: Guarantee Agreement (Owens Corning Capital Ii), Guarantee Agreement (Owens Corning Capital Ii), Guarantee Agreement (Owens Corning Capital Ii)
Subordination. The obligations of the Guarantor under this Guarantee Agreement will constitute unsecured obligations of the Guarantor and will rank subordinate and junior in right of payment to all Senior Debt (as defined in the Indenture) of the Guarantor, except those made pari passu or subordinate to such obligations expressly by their terms, in the same manner as set forth in Article XIII of the Indenture.
Appears in 4 contracts
Samples: Guarantee Agreement (Mellon Financial Corp), Guarantee Agreement (Mellon Financial Corp), Guarantee Agreement (Mellon Bank Corp)
Subordination. The obligations of the Guarantor under this Guarantee Agreement will constitute unsecured obligations of the Guarantor and will rank subordinate and junior in right of payment to all Senior and Subordinated Debt of in the Guarantorsame manner as the Debentures.
Appears in 4 contracts
Samples: Securities Guarantee Agreement (Downey Financial Capital Trust Iii), Common Securities Guarantee Agreement (Downey Financial Corp), Downey Financial Capital Trust Iii
Subordination. The obligations of the Guarantor under this Guarantee Agreement will constitute unsecured obligations of the Guarantor and will rank subordinate and junior in right of payment to all Senior Debt Indebtedness of the Guarantor. The obligations of the Guarantor under this Guarantee Agreement do not constitute Senior Indebtedness.
Appears in 4 contracts
Samples: Guarantee Agreement (Citizens Funding Trust II), Guarantee Agreement (Comerica Capital Trust Ii), Guarantee Agreement (Citizens Funding Trust IV)
Subordination. The obligations of the Guarantor under this This Guarantee Agreement will shall constitute an unsecured obligations obligation of the Guarantor and will shall rank subordinate and junior in right of payment to all Senior Debt general liabilities of the Guarantor.
Appears in 3 contracts
Samples: Guarantee Agreement (Public Service Enterprise Group Inc), Guarantee Agreement (Public Service Enterprise Group Inc), Guarantee Agreement (Public Service Enterprise Group Inc)
Subordination. The obligations of the Guarantor under this Guarantee Agreement will constitute unsecured obligations of the Guarantor and will rank subordinate and junior in right of payment to all Senior Debt Indebtedness (as defined in the Indenture) of the Guarantor, except those made pari passu or subordinate to such obligations expressly by their terms in the same manner as set forth in Article XIII of the Indenture.
Appears in 3 contracts
Samples: Guarantee Agreement (First American Financial Corp), Guarantee Agreement (First American Financial Corp), Guarantee Agreement (Caremark Rx Inc)
Subordination. The obligations of the Guarantor under this Guarantee Agreement will constitute unsecured obligations of the Guarantor and will rank subordinate and junior in right of payment to all Senior Debt other liabilities of the GuarantorGuarantor (including obligations under the Debentures) except (a) those liabilities which expressly by their terms are made pari passu or subordinate to the obligations of the Guarantor under this Guarantee Agreement and (b) liabilities arising under similar guarantee agreements as described in Section 6.2 hereof.
Appears in 3 contracts
Samples: Securities Guarantee Agreement (Aon Corp), Securities Guarantee Agreement (Aon Corp), Securities Guarantee Agreement (Aon Corp)
Subordination. The obligations of the Guarantor under this Guarantee Agreement will constitute unsecured obligations of the Guarantor and will rank subordinate and junior in right of payment to all Senior Debt of the Guarantor.. 15
Appears in 3 contracts
Samples: Guarantee Agreement (Simmons First National Corp), Guarantee Agreement (Simmons First National Corp), Guarantee Agreement (Simmons First National Corp)
Subordination. The obligations of the Guarantor under this Guarantee Agreement will constitute unsecured obligations of the Guarantor and will rank subordinate and junior in right of payment to all Senior Debt of the GuarantorGuarantor except those made PARI PASSU or subordinate to such obligations expressly by their terms.
Appears in 3 contracts
Samples: Guarantee Agreement (Bankunited Capital Ii), Agreement (Bankunited Financial Corp), Guarantee Agreement (Bankunited Capital Ii)
Subordination. The obligations of the Guarantor under this Guarantee Agreement will constitute unsecured obligations of the Guarantor and will rank subordinate and junior in right of payment to all Senior Debt Indebtedness and Subordinated Indebtedness (each as defined in the Indenture) to the extent and in the manner set forth in the Indenture. The obligations of the GuarantorGuarantor under this Guarantee Agreement do not constitute Senior or Subordinated Indebtedness.
Appears in 3 contracts
Samples: Guarantee Agreement (Covanta Capital Trust Iii), Guarantee Agreement (Idacorp Trust Iii), Guarantee Agreement (Idacorp Trust Iii)
Subordination. The obligations of the Guarantor under this Guarantee Agreement will constitute unsecured obligations of the Guarantor and will rank subordinate and junior in right of payment to all Senior Debt other liabilities of the GuarantorGuarantor (including obligations under the Debentures) except (a) those liabilities which expressly by their terms are made pari passu or subordinate to the obligations of the Guarantor under this Guarantee Agreement, and (b) liabilities arising under similar guarantee agreements as described in Section 6.2 hereof.
Appears in 2 contracts
Samples: Securities Guarantee Agreement (Suntrust Banks Inc), Guarantee Agreement (Wells Fargo Capital Iii)
Subordination. The obligations of the Guarantor under this Guarantee Agreement will constitute unsecured obligations of the Guarantor and will rank subordinate and junior in right of payment to all Senior Debt Indebtedness (as defined in the Indenture) to the extent and in the manner set forth in the Indenture. The obligations of the GuarantorGuarantor under this Guarantee Agreement do not constitute Senior Indebtedness or Senior Debt (each as defined in the Indenture).
Appears in 2 contracts
Samples: Trust Agreement (Usf&g Corp), Agreement (Usf&g Corp)
Subordination. The obligations of the Guarantor under this Guarantee Agreement will constitute unsecured obligations of the Guarantor and will rank subordinate and junior in right of payment to all Senior Debt (as defined in the Indenture) of the Guarantor., except those made pari passu or subordinate to such obligations expressly by their terms. in the same manner as set forth in Article XIII of the 15 11
Appears in 2 contracts
Samples: Guarantee Agreement (Mbna Corp), Guarantee Agreement (Mbna Corp)
Subordination. The obligations of the Guarantor under this Guarantee Agreement will constitute unsecured obligations of the Guarantor and will rank subordinate and junior in right of payment to all Senior Debt (as defined in the Indenture with respect to the series of Debentures issued thereunder in respect of the Capital Securities) of the Guarantor, except those made pari passu or subordinate to such obligations expressly by their terms in the same manner as set forth in Article XIV of the Indenture.
Appears in 2 contracts
Samples: Guarantee Agreement (Susquehanna Bancshares Inc), Guarantee Agreement (Susquehanna Bancshares Inc)
Subordination. The obligations of the Guarantor under this Guarantee Agreement will constitute unsecured obligations of the Guarantor and will rank subordinate and junior in right of payment to all Senior and Subordinated Debt of in the Guarantorsame manner as Debentures.
Appears in 2 contracts
Samples: Guarantee Agreement (Silicon Valley Bancshares), Downey Financial Capital Trust I
Subordination. The obligations of the Guarantor under this Guarantee Agreement will constitute unsecured obligations of the Guarantor and will rank subordinate and junior in right of payment to all Senior Debt of the GuarantorGuarantor except those made pari passu or subordinate to such obligations expressly by their terms.
Appears in 2 contracts
Samples: Guarantee Agreement (Riggs National Corp), Guarantee Agreement (Riggs Capital Ii)
Subordination. The obligations of the Guarantor under this (a) This Guarantee Agreement will constitute an unsecured obligations obligation of the Guarantor and will rank subordinate and junior in right of payment to all Senior Debt Indebtedness of the GuarantorGuarantor and the Issuer.
Appears in 2 contracts
Samples: Guarantee Agreement (Fresenius Medical Care Corp), Guarantee Agreement (Fresenius Medical Care Corp)
Subordination. The obligations of the Guarantor under this Guarantee Agreement will constitute unsecured obligations of the Guarantor and will rank subordinate and junior in right of payment to all Senior Debt of (as defined in the GuarantorIndenture) in the same manner as Debentures (as defined in the Trust Agreement).
Appears in 2 contracts
Samples: Guarantee Agreement (WSFS Financial Corp), Guarantee Agreement (CFC Preferred Trust)
Subordination. The obligations of the Guarantor under this Guarantee Agreement will constitute unsecured obligations of the Guarantor and will rank subordinate and junior in right of payment to all Senior Debt Indebtedness of the GuarantorGuarantor in the same manner as the Junior Subordinated Debentures. The obligations of the Guarantor under this Guarantee Agreement do not constitute Senior Indebtedness, Senior Debt or Senior Subordinated Debt.
Appears in 2 contracts
Samples: Agreement (Keycorp Institutional Capital A), Agreement (Keycorp Institutional Capital B)
Subordination. The obligations of the Guarantor under this Guarantee Agreement will constitute unsecured obligations of the Guarantor and will rank subordinate and junior in right of payment to all Senior Debt existing and future indebtedness of the Guarantor. The obligations of the Guarantor hereunder do not constitute indebtedness of the Guarantor.
Appears in 2 contracts
Samples: Guarantee Agreement (Gastar Exploration USA, Inc.), Guarantee Agreement (Gastar Exploration USA, Inc.)
Subordination. The obligations of the Guarantor under this Guarantee Agreement will constitute unsecured obligations of the Guarantor and will rank subordinate and junior in right of payment to all Senior Debt (as defined in the Indenture) of the Guarantor, except those debts made pari passu or subordinate to such obligations expressly by their terms, in the same manner as set forth in Article 14 of the Indenture.
Appears in 2 contracts
Samples: Trust Securities (Willamette Industries Inc), Trust Securities (Willamette Industries Inc)
Subordination. The obligations of the Guarantor under this Guarantee Agreement will constitute unsecured obligations of the Guarantor and will rank subordinate and junior in right of payment to all Senior Debt (as defined in the Indenture) of the Guarantor.
Appears in 2 contracts
Samples: Guarantee Agreement (Pennsylvania Power & Light Co /Pa), Guarantee Agreement (Pennsylvania Power & Light Co /Pa)
Subordination. The obligations of the Guarantor under this Guarantee Agreement will constitute unsecured obligations of the Guarantor and will rank subordinate and junior in right of payment and upon liquidation, dissolution or winding up, to all Senior Debt indebtedness and other liabilities of the Guarantor and all capital stock of the Guarantor that by its terms ranks senior to the Series • Preferred Shares as to payment of dividends and distributions of assets. The obligations of the Guarantor hereunder do not constitute senior debt of the Guarantor.
Appears in 1 contract
Samples: Guarantee Agreement (Fifth Third Capital Trust VIII)
Subordination. The obligations of the Guarantor under this Guarantee Agreement will constitute unsecured obligations of the Guarantor and will rank subordinate and junior in right of payment to all Senior Debt of the Guarantor.Senior
Appears in 1 contract
Subordination. The obligations of the Guarantor under this Guarantee Agreement will constitute unsecured obligations of the Guarantor and will rank subordinate and junior in right of payment to all Senior Debt (as defined in the Indenture with respect to the series of Debentures issued thereunder in respect of the Capital Securities) of the Guarantor, except those made pari passu or subordinate to such obligations expressly by their terms in the same manner as set forth in Article XIII of the Indenture.
Appears in 1 contract
Samples: Form of Guarantee Agreement (J P Morgan Chase & Co)
Subordination. The obligations of the Guarantor under this Series B Guarantee Agreement will constitute unsecured obligations of the Guarantor and will rank subordinate and junior in right of payment to all Senior Debt of the GuarantorGuarantor in the same manner as the Junior Subordinated Debentures.
Appears in 1 contract
Subordination. The obligations of the Guarantor under this Guarantee Agreement will shall constitute unsecured obligations of the Guarantor and will shall rank subordinate and junior in right of payment to all Senior Debt (as defined in the Indenture with respect to the series of Debentures issued thereunder in respect of the Capital Securities) of the Guarantor, except those made pari passu or subordinate to such obligations expressly by their terms in the same manner as set forth in Article XIII of the Indenture.
Appears in 1 contract
Subordination. The obligations of the each Guarantor under this Guarantee Agreement will constitute unsecured obligations of the such Guarantor and will rank subordinate and junior in right of payment to all Senior Debt of the such Guarantor.
Appears in 1 contract
Samples: Guarantee Agreement (American Safety Insurance Holdings LTD)
Subordination. The obligations of the Guarantor under this Guarantee Agreement will constitute unsecured obligations of the Guarantor and will rank subordinate and junior in right of payment to all Senior Debt of the Guarantor.Guarantor to the extent and manner set forth in the
Appears in 1 contract
Samples: Guarantee Agreement (First Niagara Financial Group Inc)
Subordination. The obligations of the Guarantor under this ------------- Guarantee Agreement will constitute unsecured obligations of the Guarantor and will rank subordinate and junior in right of payment to all Senior Debt other liabilities of the GuarantorGuarantor except those made pari passu or subordinate to such obligations expressly by their terms.
Appears in 1 contract
Samples: Guarantee Agreement (Eix Trust Iii)
Subordination. The obligations of the Guarantor Guarantors under this Guarantee Agreement will constitute unsecured obligations of the Guarantor Guarantors and will rank subordinate and junior in right of payment to all Senior Debt other liabilities of the GuarantorGuarantors except those made pari passu or subordinate to such obligations expressly by their terms.
Appears in 1 contract
Subordination. The obligations of the Guarantor Gurantor under this ------------- Guarantee Agreement will constitute unsecured obligations of the Guarantor and will rank subordinate and junior in right of payment to all Senior Debt other liabilities of the GuarantorGuarantor except those made pari passu or subordinate to such obligations expressly by their terms.
Appears in 1 contract
Samples: Guarantee Agreement (Sempra Energy Capital Trust I)
Subordination. The obligations of the Guarantor under this Guarantee Agreement will constitute unsecured obligations of the Guarantor and will rank subordinate and junior in right of payment to all Senior Debt (as defined in the Indenture) of the GuarantorGuarantor to the extent and manner set forth in the Indenture with respect to the Debentures. The obligations of the Guarantor under this Guarantee Agreement do not constitute Senior Debt.
Appears in 1 contract
Subordination. The obligations of the Guarantor under this This Guarantee Agreement will constitute an unsecured obligations obligation of the Guarantor and will rank subordinate and junior in right of payment to all Senior Debt Indebtedness of the GuarantorGuarantor to the same extent as the Debentures.
Appears in 1 contract
Samples: Guarantee Agreement (Delmarva Power & Light Co /De/)
Subordination. The obligations of the Guarantor under this This Guarantee Agreement will shall -------------- constitute an unsecured obligations obligation of the Guarantor and will shall rank subordinate and junior in right of payment to all Senior Debt general liabilities of the Guarantor.
Appears in 1 contract
Samples: SJG Capital Trust
Subordination. The obligations of the Guarantor under this Guarantee Agreement will shall constitute unsecured obligations of the Guarantor and will shall rank subordinate and junior in right of payment to all Senior Debt other liabilities of the GuarantorGuarantor to the same extent as the Debentures.
Appears in 1 contract
