QUIPS Guarantee definition
Examples of QUIPS Guarantee in a sentence
Each Holder of QUIPS and Common Trust Securities, by the acceptance thereof, agrees to the provisions of the QUIPS Guarantee and the Common Trust Securities Guarantee, respectively, including the subordination provisions therein and to the provisions of the Indenture and the Declaration.
This QUIPS Guarantee Agreement creates a guarantee of payment and not a guarantee of collection.
Notwithstanding the foregoing, this QUIPS Guarantee Agreement will continue to be effective or will be reinstated, as the case may be, if at any time any Holder must restore payment of any sums paid with respect to Capital Securities or this QUIPS Guarantee Agreement.
All guarantees and agreements contained in this QUIPS Guarantee Agreement shall bind the successors, assigns, receivers, trustees and representatives of the Guarantor and shall inure to the benefit of the Holders of the Capital Securities then outstanding.
The Declaration and the Indenture shall be deemed to be specifically described in this QUIPS Guarantee Agreement for the purposes of clause (i) of the first proviso contained in Section 310(b) of the Trust Indenture Act.
The QUIPS Guarantee Agreement Trustee may destroy any List of Holders previously given to it on receipt of a new List of Holders.
The Guarantor hereby waives notice of acceptance of the QUIPS Guarantee Agreement and of any liability to which it applies or may apply, presentment, demand for payment, any right to require a proceeding first against the QUIPS Guarantee Agreement Trustee, the Issuer or any other Person before proceeding against the Guarantor, protest, notice of nonpayment, notice of dishonor, notice of redemption and all other notices and demands.
The obligation to indemnify as set forth in this Section 9.02 shall survive the termination of this QUIPS Guarantee Agreement.
No third party shall be required to inquire as to the authority of the QUIPS Guarantee Agreement Trustee to so act or as to its compliance with any of the terms and provisions of this QUIPS Guarantee Agreement, both of which shall be conclusively evidenced by the QUIPS Guarantee Agreement Trustee's or its agent's taking such action.
In case a Guarantee Event of Default has occurred (that has not been cured or waived pursuant to Section 2.06), and is actually known to a Responsible Officer, the QUIPS Guarantee Agreement Trustee shall exercise such of the rights and powers vested in it by this QUIPS Guarantee Agreement, and use the same degree of care and skill in its exercise thereof, as a prudent individual would exercise or use under the circumstances in the conduct of his or her own affairs.