Class B Preferred Guarantee Trustee definition

Class B Preferred Guarantee Trustee has the meaning specified in the Class B Preferred Guarantee.
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Class B Preferred Guarantee Trustee means The Bank of New York, a New York banking corporation, and its successors, in its capacity as trustee under this Class B Preferred Guarantee, until a Successor Class B Preferred Guarantee Trustee has been appointed and has accepted such appointment pursuant to the terms of this Class B Preferred Guarantee by executing a counterpart hereof and becoming a party hereto, and thereafter means each such Successor Class B Preferred Guarantee Trustee.
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Class B Preferred Guarantee Trustee means The Bank of New York Mellon, in its capacity as trustee of the Class B Preferred Securities.
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Examples of Class B Preferred Guarantee Trustee in a sentence

  • Delivery of such reports, information and documents to the Class B Preferred Guarantee Trustee is for informational purposes only and the Class B Preferred Guarantee Trustee’s receipt of such shall not constitute constructive notice of any information contained therein or determinable from information contained therein, including the Guarantor’s compliance with any of its covenants hereunder (as to which the Class B Preferred Guarantee Trustee is entitled to rely exclusively on Officers’ Certificates).

  • The Guarantor shall provide to the Class B Preferred Guarantee Trustee such evidence of compliance with the conditions precedent, if any, provided for in this Class B Preferred Guarantee that relate to any of the matters set forth in Section 314(c) of the Trust Indenture Act.

  • The Guarantor shall provide to the Class B Preferred Guarantee Trustee and transmit to the Holders of the Class B Preferred Securities such documents, reports and information as required by Section 314 of the Trust Indenture Act (if any) and shall provide, within 60 days after the end of each of its fiscal years, the compliance certificate required by Section 314 of the Trust Indenture Act in the form and in the manner required by Section 314 of the Trust Indenture Act.

  • The Class B Preferred Guarantee Trustee shall also comply with the other requirements of Section 313 of the Trust Indenture Act.

  • Any claim or proceeding brought by the Class B Preferred Guarantee Trustee on behalf of Holders or a Holder of Class B Preferred Securities or Trust Preferred Securities to enforce the obligations of the Guarantor hereunder shall be brought exclusively in a court of competent jurisdiction in the State of New York.

  • The obligations of the Guarantor under this Section 7.02 shall survive the termination of this Class B Preferred Guarantee or the earlier resignation or removal of the Class B Preferred Guarantee Trustee.

  • The recitals contained in this Class B Preferred Guarantee shall be taken as the statements of the Guarantor, and the Class B Preferred Guarantee Trustee does not assume any responsibility for their correctness.

  • The Class B Preferred Guarantee Trustee makes no representation as to the validity or sufficiency of this Class B Preferred Guarantee.

  • Any claim or proceeding relating to the application of Articles II and III, and the definitions of terms as used therein, including, without limitation, any claims, counter-claims and cross-claims asserted against the Class B Preferred Guarantee Trustee in connection therewith, shall be brought in a court of competent jurisdiction in the State of New York.

  • Within 60 days after May 1 of each year, the Class B Preferred Guarantee Trustee shall provide to the Holders of the Class B Preferred Securities and for so long as the Initial Holder is the Holder of the Class B Preferred Securities, also to the Holders of the Trust Preferred Securities, such reports as are required by Section 313(a) of the Trust Indenture Act, if any, in the form and in the manner provided by Section 313 of the Trust Indenture Act.

Related to Class B Preferred Guarantee Trustee

  • Preferred Guarantee Trustee means Wilmington Trust Company, until a Successor Preferred Guarantee Trustee has been appointed and has accepted such appointment pursuant to the terms of this Preferred Securities Guarantee and thereafter means each such Successor Preferred Guarantee Trustee.

  • Successor Preferred Guarantee Trustee means a successor Preferred Guarantee Trustee possessing the qualifications to act as Preferred Guarantee Trustee under Section 4.1.

  • Capital Securities Guarantee Trustee means The Bank of New York, a New York banking corporation, until a Successor Capital Securities Guarantee Trustee has been appointed and has accepted such appointment pursuant to the terms of this Capital Securities Guarantee and thereafter means each such Successor Capital Securities Guarantee Trustee.

  • Successor Capital Securities Guarantee Trustee means a successor Capital Securities Guarantee Trustee possessing the qualifications to act as Capital Securities Guarantee Trustee under Section 4.1.

  • Guarantee Trustee means Wilmington Trust Company, until a Successor Guarantee Trustee has been appointed and has accepted such appointment pursuant to the terms of this Guarantee and thereafter means each such Successor Guarantee Trustee.

  • Successor Guarantee Trustee means a successor Guarantee Trustee possessing the qualifications to act as Guarantee Trustee under Section 4.1.

  • Trust Preferred Securities any preferred securities issued by a Trust Preferred Securities Subsidiary, where such preferred securities have the following characteristics:

  • Trust Securities means the Common Securities and the Capital Securities.

  • Preferred Securities has the meaning specified in the first recital of this Indenture.

  • Capital Securities means undivided beneficial interests in the assets of the Trust which rank pari passu with Common Securities issued by the Trust; provided, however, that upon the occurrence and continuance of an Event of Default (as defined in the Declaration), the rights of holders of such Common Securities to payment in respect of distributions and payments upon liquidation, redemption and otherwise are subordinated to the rights of holders of such Capital Securities.

  • Preferred Securities Guarantee means any guarantee that the Company may enter into with the Trustee or other Persons that operates directly or indirectly for the benefit of holders of Preferred Securities.

  • Common Securities means the securities representing common undivided beneficial interests in the assets of the Issuer.

  • Capital Securities Guarantee means the guarantee agreement that the Company enters into with Wilmington Trust Company, as guarantee trustee, or other Persons that operates directly or indirectly for the benefit of holders of Capital Securities of the Trust.

  • Class C Trustee Class D Certificate" and "Class D Trust", shall have the respective meanings assigned to such terms in the Intercreditor Agreement.

  • NIM Trustee The trustee for the NIM Securities.

  • Common Securities Guarantee means the guarantee agreement to be dated as of [ ] of the Sponsor in respect of the Common Securities.

  • Book-Entry Preferred Securities Certificates means a beneficial interest in the Preferred Securities Certificates, ownership and transfers of which shall be made through book entries by a Clearing Agency as described in Section 5.11.

  • Liquidation Trustee means the trustee appointed jointly by the Debtors and the Creditors’ Committee, and identified in the Plan Supplement, to serve as the liquidation trustee under the Liquidation Trust Agreement, or any successor appointed in accordance with the terms of the Plan and Liquidation Trust Agreement.

  • Liquidation Trust Agreement means the Liquidation Trust Agreement to be dated as of the Effective Date establishing the terms and conditions of the Liquidation Trust, substantially in the form attached hereto as Exhibit B.

  • Subsidiary Guarantee Agreement means the Subsidiary Guarantee Agreement, substantially in the form of Exhibit D, made by the Subsidiary Loan Parties in favor of the Administrative Agent for the benefit of the Lenders.

  • Class B Preferred Stock means the Class B Preferred Stock of the Company, par value $0.0001 per share.

  • Supplemental Trust Agreement means any trust agreement then in full force and effect which has been duly executed and delivered by the Authority and the Trustee amendatory hereof or supplemental hereto; but only if and to the extent that such Supplemental Trust Agreement is executed and delivered pursuant to the provisions hereof.

  • Hybrid Preferred Securities Subsidiary means any Delaware business trust (or similar entity) (i) all of the common equity interest of which is owned (either directly or indirectly through one or more wholly-owned Subsidiaries of the Company) at all times by the Company or a wholly-owned direct or indirect Subsidiary of the Company, (ii) that has been formed for the purpose of issuing Hybrid Preferred Securities and (iii) substantially all of the assets of which consist at all times solely of Junior Subordinated Debt issued by the Company or a wholly-owned direct or indirect Subsidiary of the Company (as the case may be) and payments made from time to time on such Junior Subordinated Debt.

  • Trust Securities Certificate means any one of the Common Securities Certificates or the Preferred Securities Certificates.

  • Issuer Trustees means, collectively, the Property Trustee and the Delaware Trustee.

  • Note A-4 Trustee means the trustee under the Note A-4 PSA.