Guarantee. The Guarantor irrevocably and unconditionally agrees to pay in full to the Holders the Guarantee Payments (without duplication of amounts theretofore paid by the Issuer), as and when due, regardless of any defense, right of set-off or counterclaim that the Issuer may have or assert. The Guarantor's obligation to make a Guarantee Payment may be satisfied by direct payment of the required amounts by the Guarantor to the Holders or by causing the Issuer to pay such amounts to the Holders.
Appears in 324 contracts
Samples: Preferred Securities Guarantee Agreement (Protective Life Corp), Preferred Securities Guarantee Agreement (Protective Life Corp), Securities Guarantee Agreement (Bank of America Corp /De/)
Guarantee. The Guarantor irrevocably and unconditionally agrees to pay in full to the Holders the Guarantee Payments (without duplication of amounts theretofore paid by the IssuerTrust), as and when due, regardless of any defense, right of set-off or counterclaim that the Issuer Trust may have or assert. The Guarantor's obligation to make a Guarantee Payment may be satisfied by direct payment of the required amounts by the Guarantor to the Holders or by causing the Issuer Trust to pay such amounts to the Holders.
Appears in 134 contracts
Samples: Preferred Securities Guarantee Agreement (Itla Capital Corp), Preferred Securities Guarantee Agreement (Itla Capital Corp), Preferred Securities Guarantee Agreement (S Y Bancorp Inc)
Guarantee. The Guarantor irrevocably and unconditionally agrees to pay in full to the Holders the Guarantee Payments (without duplication of amounts theretofore paid by or on behalf of the Issuer), as and when due, regardless of any defense, right of set-off or counterclaim that which the Issuer may have or assert. The Guarantor's obligation to make a Guarantee Payment may be satisfied by direct payment of the required amounts by the Guarantor to the Holders or by causing the Issuer to pay such amounts to the Holders.
Appears in 121 contracts
Samples: Guarantee Agreement (TCF Capital I), Guarantee Agreement (Sce Trust I), Guarantee Agreement (Sce Trust I)
Guarantee. (a) The Guarantor irrevocably and unconditionally agrees to pay in full to the Holders the Guarantee Payments (without duplication of amounts theretofore paid by the Issuer), as and when due, regardless of any defensedefense (except the defense of payment by the Issuer), right of set-off or counterclaim that the Issuer may have or assert. The Guarantor's ’s obligation to make a Guarantee Payment may be satisfied by direct payment of the required amounts by the Guarantor to the Holders or by causing the Issuer to pay such amounts to the Holders.
Appears in 93 contracts
Samples: Guarantee Agreement (Bancfirst Corp /Ok/), Guarantee Agreement (Pathfinder Bancorp, Inc.), Guarantee Agreement (Great Western Bancorp, Inc.)
Guarantee. (a) The Guarantor irrevocably and unconditionally agrees to pay in full to the Holders the Guarantee Payments (without duplication of amounts theretofore paid by the Issuer), as and when due, regardless of any defensedefense (except the defense of payment by the Issuer), right of set-off or counterclaim that the Issuer may have or assert. The Guarantor's obligation to make a Guarantee Payment may be satisfied by direct payment of the required amounts by the Guarantor to the Holders or by causing the Issuer to pay such amounts to the Holders.
Appears in 93 contracts
Samples: Guarantee Agreement (Coast Bancorp/Ca), Guarantee Agreement (First Charter Corp /Nc/), Guarantee Agreement (First Community Bancorp /Ca/)
Guarantee. (a) The Guarantor irrevocably and unconditionally agrees to pay in full to the Holders the Guarantee Payments (without duplication of amounts theretofore paid by the Issuer), as and when due, regardless of any defensedefense (except as defense of payment by the Issuer), right of set-off or counterclaim that the Issuer may have or assert. The Guarantor's obligation to make a Guarantee Payment may be satisfied by direct payment of the required amounts by the Guarantor to the Holders or by causing the Issuer to pay such amounts to the Holders.
Appears in 92 contracts
Samples: Guarantee Agreement (Hanmi Financial Corp), Guarantee Agreement (BBCN Bancorp Inc), Guarantee Agreement (Cathay General Bancorp)
Guarantee. The Guarantor irrevocably and unconditionally agrees to pay in full to the Holders the Guarantee Payments (without duplication of amounts theretofore paid by the Issuer), as and when due, regardless of any defense, right of set-off or counterclaim that which the Issuer may have or assert. The Guarantor's obligation to make a Guarantee Payment may be satisfied by direct payment of the required amounts by the Guarantor to the Holders or by causing the Issuer to pay such amounts to the Holders.
Appears in 76 contracts
Samples: Preferred Securities Guarantee Agreement (Household Capital Trust Vii), Guarantee Agreement (Entergy Gulf States Inc), Guarantee Agreement (Tu Electric Capital I)
Guarantee. The Guarantor irrevocably and unconditionally agrees to pay in full to the Holders the Guarantee Payments (without duplication of amounts theretofore paid by or on behalf of the IssuerTrust), as and when due, regardless of any defense, right of set-off or counterclaim that which the Issuer Guarantor may have or assertassert against any Person. The Guarantor's obligation to make a Guarantee Payment may be satisfied by direct payment of the required amounts by the Guarantor to the Holders or by causing the Issuer Trust to pay such amounts to the Holders.
Appears in 70 contracts
Samples: Guarantee Agreement (Mississippi Power Capital Trust Iii), Guarantee Agreement (Mississippi Power Co), Preferred Securities Guarantee Agreement (Southern Co)
Guarantee. (a) The Guarantor irrevocably and unconditionally agrees to pay in full to the Holders the Guarantee Payments (without duplication of amounts theretofore paid by the Issuer), as and when due, regardless of any defensedefense (except as defense of payment by the Issuer), right of set-off or counterclaim that the Issuer may have or assert. The Guarantor's ’s obligation to make a Guarantee Payment may be satisfied by direct payment of the required amounts by the Guarantor to the Holders or by causing the Issuer to pay such amounts to the Holders.
Appears in 67 contracts
Samples: Guarantee Agreement (Chino Commercial Bancorp), Guarantee Agreement (Great Western Bancorp, Inc.), Guarantee Agreement (Great Western Bancorp, Inc.)
Guarantee. The Guarantor irrevocably and unconditionally agrees to pay in full to the Holders the Guarantee Payments (without duplication of amounts theretofore paid by or on behalf of the IssuerIssuer Trust), as and when due, regardless of any defense, right of set-off or counterclaim that the Issuer Trust may have or assert, except the defense of payment. The Guarantor's obligation to make a Guarantee Payment may be satisfied by direct payment of the required amounts by the Guarantor to the Holders or by causing the Issuer Trust to pay such amounts to the Holders.
Appears in 62 contracts
Samples: Guarantee Agreement (Bb&t Capital Trust I), Guarantee Agreement (Bb&t Capital Trust I), Guarantee Agreement (Wells Fargo & Co/Mn)
Guarantee. The Guarantor irrevocably and unconditionally agrees to pay in full to the Holders the Guarantee Payments (without duplication of amounts theretofore paid by or on behalf of the IssuerIssuer Trust), as and when due, regardless of any defense, right of set-off or counterclaim that the Issuer Trust may have or assert, except the defense of payment. The Guarantor's ’s obligation to make a Guarantee Payment may be satisfied by direct payment of the required amounts by the Guarantor to the Holders or by causing the Issuer Trust to pay such amounts to the Holders.
Appears in 45 contracts
Samples: Guarantee Agreement (Truist Financial Corp), Guarantee Agreement (Goldman Sachs Group Inc), Guarantee Agreement (Goldman Sachs Group Inc)
Guarantee. The Guarantor irrevocably and unconditionally agrees to pay in full to the Holders the Guarantee Payments (without duplication of amounts theretofore paid by the Issuer), as and when due, regardless of any defense, right of set-set- off or counterclaim that the Issuer may have or assert. The Guarantor's obligation to make a Guarantee Payment may be satisfied by direct payment of the required amounts by the Guarantor to the Holders or by causing the Issuer to pay such amounts to the Holders.
Appears in 38 contracts
Samples: Guarantee Agreement (First Usa Inc), Guarantee Agreement (Investors Financial Services Corp), Guarantee Agreement (Pacific Telesis Financing Iii)
Guarantee. (a) The Guarantor irrevocably and unconditionally agrees to pay in full to the Holders the Guarantee Payments (without duplication of amounts theretofore paid by the Issuer), as and when due, regardless of any defensedefense (except defense of payment by the Issuer), right of set-off or counterclaim that the Issuer may have or assert. The Guarantor's obligation to make a Guarantee Payment may be satisfied by direct payment of the required amounts by the Guarantor to the Holders or by causing the Issuer to pay such amounts to the Holders.
Appears in 33 contracts
Samples: Guarantee Agreement (Hf Financial Corp), Guarantee Agreement (American Equity Investment Life Holding Co), Guarantee Agreement (Northeast Bancorp /Me/)
Guarantee. (a) The Guarantor irrevocably and unconditionally agrees to pay in full to the Holders the Guarantee Payments (without duplication of amounts theretofore paid by the Issuer), as and when due, regardless of any defensedefense (except defense of payment by the Issuer), right of set-off or counterclaim that the Issuer may have or assert. The Guarantor's ’s obligation to make a Guarantee Payment may be satisfied by direct payment of the required amounts by the Guarantor to the Holders or by causing the Issuer to pay such amounts to the Holders.
Appears in 29 contracts
Samples: Guarantee Agreement (Square 1 Financial Inc), Guarantee Agreement (Square 1 Financial Inc), Guarantee Agreement (EverBank Financial Corp)
Guarantee. The Guarantor irrevocably and unconditionally agrees to pay in full to the Holders the Guarantee Payments (without duplication of amounts theretofore paid by the Issuer), as and when due, regardless of any defense, right of set-off or counterclaim that the Issuer may have or assert. The Guarantor's ’s obligation to make a Guarantee Payment may be satisfied by direct payment of the required amounts by the Guarantor to the Holders or by causing the Issuer to pay such amounts to the Holders.
Appears in 27 contracts
Samples: Preferred Securities Guarantee Agreement, Preferred Securities Guarantee Agreement (Allstate Financing X), Preferred Securities Guarantee Agreement (Valley National Bancorp)
Guarantee. The Guarantor irrevocably and unconditionally agrees to pay in full to the Holders the Guarantee Payments (without duplication of amounts theretofore paid by or on behalf of the Issuer), as and when due, regardless of any defense, right of set-off or counterclaim that which the Issuer may have or assertassert other than the defense of payment. The Guarantor's obligation to make a Guarantee Payment may be satisfied by direct payment of the required amounts by the Guarantor to the Holders or by causing the Issuer to pay such amounts to the Holders.
Appears in 25 contracts
Samples: Guarantee Agreement (Boise Cascade Corp), Boise Cascade Corp, Guarantee Agreement (Tower Automotive Inc)
Guarantee. The Guarantor irrevocably and unconditionally agrees to pay in full to the Holders the Guarantee Payments (without duplication of amounts theretofore paid by or on behalf of the Issuer), as and when due, regardless of any defense, right of set-off or counterclaim that the Issuer may have or assert. The Guarantor's obligation to make a Guarantee Payment may be satisfied by direct payment of the required amounts by the Guarantor to the Holders or by causing the Issuer to pay such amounts to the Holders.
Appears in 21 contracts
Samples: Preferred Securities Guarantee Agreement (Prudential Financial Capital Trust Ii), Guarantee Agreement (Prudential Financial Capital Trust Ii), Guarantee Agreement (Prudential Financial Capital Trust Ii)
Guarantee. The Guarantor irrevocably and unconditionally agrees to pay in full to the Holders the Guarantee Payments (without duplication of amounts theretofore paid by the Issuer)Payments, as and when due, regardless of any defense, right of set-off or counterclaim that the Issuer may have or assert. The Guarantor's obligation to make a Guarantee Payment may be satisfied by direct payment of the required amounts by the Guarantor to the Holders or by causing the Issuer to pay such amounts to the Holders.
Appears in 21 contracts
Samples: Securities Guarantee Agreement (Capital One Capital II), Capital Securities Guarantee Agreement (Citigroup Capital XVIII), Capital Securities Guarantee Agreement (Citigroup Capital XVIII)
Guarantee. The Guarantor irrevocably and unconditionally agrees to pay in full to the Holders the Guarantee Payments (without duplication of amounts theretofore paid by or on behalf of the Issuer), as and when due, regardless of any defense, right of set-off or counterclaim that which the Issuer may have or assert. The Guarantor's ’s obligation to make a Guarantee Payment may be satisfied by direct payment of the required amounts by the Guarantor to the Holders or by causing the Issuer to pay such amounts to the Holders.
Appears in 19 contracts
Samples: Guarantee Agreement (Redwood Capital Trust Ii), Guarantee Agreement (Susquehanna Bancshares Inc), Guarantee Agreement (Susquehanna Capital IV)
Guarantee. The Guarantor irrevocably and unconditionally agrees to pay in full to the Holders the Guarantee Payments (without duplication of amounts theretofore paid by or on behalf of the IssuerTrust), as and when due, regardless of any defense, right of set-off or counterclaim that which the Issuer Guarantor may have or assertassert against any person. The Guarantor's obligation to make a Guarantee Payment may be satisfied by direct payment of the required amounts by the Guarantor to the Holders or by causing the Issuer Trust to pay such amounts to the Holders.
Appears in 19 contracts
Samples: Guarantee Agreement (DRH Regrem Xii Lp), Guarantee Agreement (HPH Homebuilders 2000 Lp), Guarantee Agreement (Duke Energy Capital Trust V)
Guarantee. The Guarantor irrevocably and unconditionally agrees to pay in full to the Holders the Guarantee Payments (without duplication of amounts theretofore paid by the Issuer)Payments, as and when due, regardless of any defense, right of set-off or counterclaim that the Issuer may have or assert. The Guarantor's ’s obligation to make a Guarantee Payment may be satisfied by direct payment of the required amounts by the Guarantor to the Holders or by causing the Issuer to pay such amounts to the Holders.
Appears in 17 contracts
Samples: Capital Securities Guarantee Agreement (PNC Capital Trust G), Capital Securities Guarantee Agreement (Citigroup Capital XXII), Securities Guarantee Agreement (Citigroup Inc)
Guarantee. The Guarantor irrevocably and unconditionally agrees to pay in full to the Holders the Guarantee Payments (without duplication of amounts theretofore paid by the Issuer), as and when due, regardless of any defense, right of set-off or counterclaim that the Issuer may have or assert. The Guarantor's obligation to make a Guarantee Payment may be satisfied by direct payment of the required amounts by the Guarantor to the Holders or by causing the Issuer to pay such amounts to the Holders.
Appears in 16 contracts
Samples: 4 Guarantee Agreement (Ubs Americas Inc), Guarantee Agreement (Ubs Americas Inc), 4 Guarantee Agreement (Ccci Capital Trust Iii)
Guarantee. The Guarantor irrevocably and unconditionally agrees to pay in full to the Holders the Guarantee Payments (without duplication of amounts theretofore paid by the IssuerTrust), as and when due, regardless of any defense, right of set-off or counterclaim that the Issuer Trust may have or assert. The Guarantor's ’s obligation to make a Guarantee Payment may be satisfied by direct payment of the required amounts by the Guarantor to the Holders or by causing the Issuer Trust to pay such amounts to the Holders.
Appears in 15 contracts
Samples: Preferred Securities Guarantee Agreement (First Busey Statutory Trust V), Trust Preferred Securities Guarantee Agreement (Alabama National Bancorporation), Preferred Securities Guarantee Agreement (S.Y. Bancorp Capital Trust II)
Guarantee. The Guarantor irrevocably and unconditionally agrees to pay in full to the Holders the Guarantee Payments (without duplication of amounts theretofore paid by the Issuer), as and when due, ) regardless of any defense, right of set-off or counterclaim that which the Issuer may have or assert. The Guarantor's obligation to make a Guarantee Payment may be satisfied by direct payment of the required amounts by the Guarantor to the Holders or by causing the Issuer to pay such amounts to the Holders.
Appears in 14 contracts
Samples: Guarantee Agreement (Ual Corp /De/), Guarantee Agreement (Ford Motor Co Capital Trust I), Guarantee Agreement (Aes Corporation)
Guarantee. The Guarantor irrevocably and unconditionally agrees to pay in full to the Holders the Guarantee Payments (without duplication of amounts theretofore paid by the Issuer), if, as and when due, regardless of any defense, right of set-off or counterclaim that the Issuer may have or assert. The Guarantor's obligation to make a Guarantee Payment may be satisfied by direct payment of the required amounts by the Guarantor to the Holders or by causing the Issuer to pay such amounts to the Holders.
Appears in 13 contracts
Samples: Securities Guarantee Agreement (Amcv Capital Trust I), Securities Guarantee Agreement (American Classic Voyages Co), Preferred Securities Guarantee Agreement (Merrill Lynch Preferred Capital Trust Ii)
Guarantee. The Guarantor irrevocably and unconditionally agrees to pay in full to the Holders of the Outstanding Preferred Securities the Guarantee Payments (without duplication of amounts theretofore paid by or on behalf of the IssuerIssuer pursuant to the Trust Agreement or by the Guarantor pursuant to the Indenture), as and when due, regardless of any defense, right of set-off or counterclaim that which the Issuer may have or assert. The Guarantor's obligation to make a Guarantee Payment may be satisfied by direct payment of the required amounts by the Guarantor to the Holders or by causing the Issuer to pay such amounts to the Holders.
Appears in 12 contracts
Samples: Guarantee Agreement (Public Service Enterprise Group Inc), Guarantee Agreement (Pse&g Capital Trust Iii), Guarantee Agreement (Public Service Enterprise Group Inc)
Guarantee. The Guarantor irrevocably and unconditionally agrees to pay in full to the Holders the Guarantee Payments (without duplication of amounts theretofore paid by or on behalf of the IssuerIssuer pursuant to the Declaration or by the Guarantor pursuant to the Indenture), as and when due, regardless of any defense, right of set-off or counterclaim that the Issuer may have or assert. The Guarantor's obligation to make a Guarantee Payment may be satisfied by direct payment of the required amounts by the Guarantor to the Holders or by causing the Issuer to pay such amounts to the Holders.
Appears in 12 contracts
Samples: Preferred Securities Guarantee Agreement (St Paul Capital Trust Ii), Preferred Securities Guarantee Agreement (St Paul Companies Inc /Mn/), Guarantee Agreement (Hartford Life Capital Iii)
Guarantee. The Guarantor irrevocably and unconditionally agrees to pay in full to the Holders the Guarantee Payments (without duplication of amounts theretofore paid by the Issuer), as and when due, regardless of any defense, right of set-set- off or counterclaim that which the Issuer may have or assert. The Guarantor's obligation to make a Guarantee Payment may be satisfied by direct payment of the required amounts by the Guarantor to the Holders or by causing the Issuer to pay such amounts to the Holders.
Appears in 10 contracts
Samples: Preferred Securities Guarantee Agreement (Sempra Energy Holdings), Common Securities Guarantee Agreement (Dynegy Capital Trust Ii), Common Securities Guarantee Agreement (Coastal Corp)
Guarantee. The Guarantor irrevocably and unconditionally agrees to pay in full to the Holders (except to the Guarantee Payments (without duplication of amounts theretofore extent paid by the IssuerTrust), as and when due, regardless of any defense, right of set-off or counterclaim that the Issuer Trust may have or assert, the Guarantee Payments, without duplication. The Guarantor's obligation to make a Guarantee Payment may be satisfied by direct payment of the required amounts by the Guarantor to the Holders or by causing the Issuer Trust to pay such amounts to the Holders.
Appears in 10 contracts
Samples: Securities Guarantee Agreement (Sun Healthcare Group Inc), Preferred Securities Guarantee Agreement (Finova Finance Trust), Convertible Preferred Securities Guarantee Agreement (Titanium Metals Corp)
Guarantee. The Guarantor irrevocably and unconditionally agrees to pay in full to the Holders the Guarantee Payments (without duplication of amounts theretofore paid by the Issuer), if, as and when due, regardless of any defense, right of set-off setoff or counterclaim that the Issuer may have or assert. The Guarantor's obligation to make a Guarantee Payment may be satisfied by direct payment of the required amounts by the Guarantor to the Holders or by causing the Issuer to pay such amounts to the Holders.
Appears in 10 contracts
Samples: Preferred Securities Guarantee Agreement (Enron Capital Trust Ii), Trust Preferred Securities Guarantee Agreement (Enron Capital Trust I), Preferred Securities Guarantee Agreement (Enron Capital Trust I)
Guarantee. The Guarantor irrevocably and unconditionally agrees to pay in full to the Holders the Guarantee Payments (without duplication of amounts theretofore paid by or on behalf of the IssuerIssuer Trust), as and when due, regardless of any defense, right of set-off or counterclaim that which the Issuer Trust may have or assert, except the defense of payment. The Guarantor's ’s obligation to make a Guarantee Payment may be satisfied by direct payment of the required amounts by the Guarantor to the Holders or by causing the Issuer Trust to pay such amounts to the Holders.
Appears in 10 contracts
Samples: Guarantee Agreement (Keycorp /New/), Guarantee Agreement (Keycorp /New/), Guarantee Agreement (KeyCorp Capital VIII)
Guarantee. The Guarantor has unconditionally and irrevocably and unconditionally agrees guaranteed the due payment of all sums expressed to pay in full to the Holders the Guarantee Payments (without duplication of amounts theretofore paid be payable by the Issuer), as Issuer under the Securities and when due, regardless the Coupons on a subordinated basis. Its obligations in that respect (the "Guarantee") are set out in the deed of any defense, right of set-off or counterclaim that guarantee dated the Issuer may have or assert. The Guarantor's obligation to make a Guarantee Payment may be satisfied by direct payment of the required amounts Issue Date and made by the Guarantor to for the Holders or by causing the Issuer to pay such amounts to benefit of the Holders.
Appears in 8 contracts
Samples: Terms and Conditions, Terms and Conditions, Terms and Conditions
Guarantee. The Guarantor irrevocably and unconditionally agrees to pay in full to the Holders the Guarantee Payments (without duplication of amounts theretofore paid by or on behalf of the IssuerIssuer Trust), as and when due, regardless of any defense, right of set-off or counterclaim that which the Issuer Trust may have or assert, except the defense of payment. The Guarantor's obligation to make a Guarantee Payment may be satisfied by direct payment of the required amounts by the Guarantor to the Holders or by causing the Issuer Trust to pay such amounts to the Holders.
Appears in 8 contracts
Samples: Guarantee Agreement (Keycorp Capital V), Guarantee Agreement (Keycorp Capital V), Guarantee Agreement (Citizens Funding Trust IV)
Guarantee. The Guarantor irrevocably and unconditionally agrees to pay in full to the Holders the Guarantee Payments (without duplication of amounts theretofore paid by the Issuer), as and when due, regardless of any defense, right of set-set off or counterclaim that the Issuer may have or assert. The Guarantor's obligation to make a Guarantee Payment may be satisfied by direct payment of the required amounts by the Guarantor to the Holders or by causing the Issuer to pay such amounts to the Holders.
Appears in 8 contracts
Samples: Preferred Securities Guarantee Agreement (Centurytel Inc), Preferred Securities Guarantee Agreement (Illinois Power Co), Preferred Securities Guarantee Agreement (Continental Airlines Finance Trust Iii)
Guarantee. The Guarantor irrevocably and unconditionally agrees to pay in full to the Holders the Guarantee Payments Payments, as and when due (without duplication of amounts theretofore paid by the Issuer), as and when due, regardless of any defense, right of set-off or counterclaim that which the Issuer may have or assert. The Guarantor's obligation to make a Guarantee Payment may be satisfied by direct payment of the required amounts by the Guarantor to the Holders or by causing the Issuer to pay such amounts to the Holders.
Appears in 8 contracts
Samples: Partnership Preferred Securities Guarantee Agreement (Uds Funding Ii Lp), Securities Guarantee Agreement (Uds Funding Ii Lp), Preferred Securities Guarantee Agreement (Merrill Lynch Preferred Capital Trust Ii)
Guarantee. The Guarantor irrevocably and unconditionally agrees to pay in full to the Holders of the Outstanding Preferred Securities the Guarantee Payments (without duplication of amounts theretofore paid by or on behalf of the IssuerIssuer pursuant to the Declaration or by the Guarantor pursuant to the Indenture), as and when due, regardless of any defense, right of set-off or counterclaim that which the Issuer may have or assert. The Guarantor's obligation to make a Guarantee Payment may be satisfied by direct payment of the required amounts by the Guarantor to the Holders or by causing the Issuer to pay such amounts to the Holders.
Appears in 7 contracts
Samples: Guarantee Agreement (Nationwide Financial Services Inc/), Guarantee Agreement (Public Service Co of Colorado), Guarantee Agreement (Nationwide Financial Services Inc/)
Guarantee. The Guarantor irrevocably and unconditionally agrees to pay in full to the Holders the Guarantee Payments (without duplication of amounts theretofore paid by the Issuer), as and when due, regardless of any defense, right of set-off or counterclaim that which the Issuer may have or assert. The Guarantor's obligation to make a Guarantee Payment may be satisfied by direct payment of the required amounts by the Guarantor to the Holders or to the Guarantee Trustee for remittance to the Holders or by causing the Issuer to pay such amounts to the Holders.
Appears in 7 contracts
Samples: Guarantee Agreement (Acs Trust I), Guarantee Agreement (Conoco Inc /De), Guarantee Agreement (Cc Funding Trust Ii)
Guarantee. The Guarantor irrevocably and unconditionally --------- agrees to pay in full to the Holders the Guarantee Payments (without duplication of amounts theretofore paid by or on behalf of the Issuer), as and when due, regardless of any defense, right of set-off or counterclaim that which the Issuer may have or assert. The Guarantor's obligation to make a Guarantee Payment may be satisfied by direct payment of the required amounts by the Guarantor to the Holders or by causing the Issuer to pay such amounts to the Holders.
Appears in 7 contracts
Samples: Guarantee Agreement (Sempra Energy Capital Trust Ii), Guarantee Agreement (Sempra Energy Global Enterprises), Guarantee Agreement (Sempra Energy Capital Trust Ii)
Guarantee. The Guarantor irrevocably and unconditionally agrees to pay in full to the Holders the Guarantee Payments (without duplication of amounts theretofore paid by or on behalf of the Issuer), as and when due, regardless of any defense, right of set-off or counterclaim that the Issuer may have or assert, except the defense of payment. The Guarantor's obligation to make a Guarantee Payment may be satisfied by direct payment of the required amounts by the Guarantor to the Holders or by causing the Issuer to pay such amounts to the Holders.
Appears in 7 contracts
Samples: Guarantee Agreement (MRH Capital Trust I), Guarantee Agreement (Partnerre LTD), Guarantee Agreement (MRH Capital Trust I)
Guarantee. The Guarantor irrevocably and unconditionally agrees to pay in full to the Holders the Guarantee GUARANTEE Payments (without duplication of amounts theretofore paid by the Issuer), as and when due, ) regardless of any defense, right of set-off or counterclaim that which the Issuer may have or assert. The Guarantor's obligation to make a Guarantee GUARANTEE Payment may be satisfied by direct payment of the 15 15 required amounts by the Guarantor to the Holders or by causing the Issuer to pay such amounts to the Holders.
Appears in 7 contracts
Samples: Guarantee Agreement (J P Morgan Chase & Co), JPM Capital Trust Ii, JPM Capital Trust Ii
Guarantee. The Guarantor irrevocably and unconditionally agrees to pay in full to the Holders the Guarantee Payments (without duplication of amounts theretofore paid by the IssuerTrust or the Guarantor), as and when due, regardless of any defense, right of set-off setoff or counterclaim that the Issuer Trust may have or assert. The Guarantor's ’s obligation to make a Guarantee Payment may be satisfied by direct payment of the required amounts by the Guarantor to the Holders or by causing the Issuer Trust to pay such amounts to the Holders.
Appears in 6 contracts
Samples: Guarantee Agreement (Sce Trust Vi), Guarantee Agreement (SCE Trust V), Guarantee Agreement (SCE Trust IV)
Guarantee. The Guarantor irrevocably and unconditionally agrees to pay in full to the Holders the Guarantee Payments (without duplication of amounts theretofore paid by the Issuer)Payments, as and when due, regardless of any defense, right of set-off or counterclaim that which the Issuer may have or assert. The Guarantor's obligation to make a Guarantee Payment may be satisfied by direct payment of the required amounts by the Guarantor to the Holders or by causing the Issuer to pay such amounts to the Holders.
Appears in 6 contracts
Samples: Common Securities Guarantee Agreement (Allegheny Energy Inc), Common Securities Guarantee Agreement (St Paul Capital Trust Ii), Common Securities Guarantee Agreement (Allegheny Energy Inc)
Guarantee. The Guarantor irrevocably and unconditionally agrees to pay in full to the Holders the Guarantee Payments (without duplication of amounts theretofore paid by or on behalf of the IssuerIssuer Trust), as and when due, regardless of any defense, right of set-off or counterclaim that which the Issuer Trust may have or assert, except the defense of payment. The Guarantor's obligation to make a Guarantee Payment may be satisfied by direct payment of the required amounts by the Guarantor to the Holders or by causing the Issuer Trust to pay such amounts to the Holders.
Appears in 6 contracts
Samples: Guarantee Agreement (Goldman Sachs Capital V), Guarantee Agreement (Goldman Sachs Group Inc/), Guarantee Agreement (Goldman Sachs Capital V)
Guarantee. The Guarantor irrevocably and unconditionally agrees to pay in full to the Holders the Guarantee Payments (without duplication of amounts theretofore paid by the Issuer), as and when due, regardless of any defense, right of set-set- off or counterclaim counter-claim that the Issuer may have or assert. The Guarantor's obligation to make a Guarantee Payment may be satisfied by direct payment of the required amounts by the Guarantor to the Holders or by causing the Issuer to pay such amounts to the Holders.
Appears in 6 contracts
Samples: Preferred Securities Guarantee Agreement (Tci Communications Financing Iv), Preferred Securities Guarantee Agreement (Tci Communications Financing Iv), Preferred Securities Guarantee Agreement (Tci Communications Financing Iv)
Guarantee. The Guarantor irrevocably and unconditionally agrees to pay in full to the Holders the Guarantee Payments (without duplication of amounts theretofore paid by the Issuer), as and when due, regardless of any defense, right of set-off set‑off or counterclaim that the Issuer may have or assert. The Guarantor's obligation to make a Guarantee Payment may be satisfied by direct payment of the required amounts by the Guarantor to the Holders or by causing the Issuer to pay such amounts to the Holders.
Appears in 6 contracts
Samples: Capital Securities Guarantee Agreement (Bank of America Corp /De/), Capital Securities Guarantee Agreement (Bank of America Corp /De/), Capital Securities Guarantee Agreement (Bank of America Corp /De/)
Guarantee. The Guarantor irrevocably and unconditionally agrees to pay in full to the Holders the Guarantee Payments (without duplication of amounts theretofore paid by or on behalf of the Issuer), as and when due, regardless of any defense, right of set-off or counterclaim that which the Issuer may have or assert, except the defense of payment. The Guarantor's obligation to make a Guarantee Payment may be satisfied by direct payment of the required amounts by the Guarantor to the Holders or by causing the Issuer to pay such amounts to the Holders.
Appears in 5 contracts
Samples: Guarantee Agreement (Regions Financial Corp), Unumprovident Guarantee Agreement (Unumprovident Financing Trust Iii), Guarantee Agreement (Hancock John Capital Trust Ii)
Guarantee. The Guarantor irrevocably and unconditionally agrees to pay in full to the Holders the Guarantee Payments (without duplication of amounts theretofore paid by or on behalf of the IssuerTrust), as and when due, regardless of any defense, right of set-off or counterclaim that which the Issuer Trust may have or assertassert against any Person. The Guarantor's obligation to make a Guarantee Payment may be satisfied by direct payment of the required amounts by the Guarantor to the Holders or by causing the Issuer Trust to pay such amounts to the Holders.
Appears in 5 contracts
Samples: Preferred Securities Guarantee Agreement (Commonwealth Edison Co), Preferred Securities Guarantee Agreement (Peco Energy Co), Preferred Securities Guarantee Agreement (Stanley Works)
Guarantee. The Guarantor irrevocably and unconditionally agrees to pay in full to the Holders the Guarantee Payments (without duplication of amounts theretofore paid by or on behalf of the Issuer), as and when due, regardless of any defense, right of set-off or counterclaim that the Issuer may have or assert. The Guarantor's obligation to make a Guarantee Payment may be satisfied by direct payment of the required amounts by the Guarantor to the Holders or by causing the Issuer Issuer, through the Debenture Issuer, to pay such amounts to the Holders.
Appears in 5 contracts
Samples: Guarantee Agreement (Ace Ina Holdings Inc), Agreement (Ace Ina Holdings Inc), Guarantee Agreement (Ace LTD)
Guarantee. SECTION 2.1 Guarantee --------- The Guarantor irrevocably and unconditionally agrees to pay in full to the Holders the Guarantee Payments (without duplication of amounts theretofore paid by the Issuer), as and when due, regardless of any defense, right of set-set- off or counterclaim that which the Issuer may have or assert. The Guarantor's obligation to make a Guarantee Payment may be satisfied by direct payment of the required amounts by the Guarantor to the Holders or by causing the Issuer to pay such amounts to the Holders.
Appears in 5 contracts
Samples: Common Securities Guarantee Agreement (Tci Communications Financing Iv), Common Securities Guarantee Agreement (Tci Communications Financing Iv), Common Securities Guarantee Agreement (Tci Communications Financing Iv)
Guarantee. The Guarantor irrevocably and unconditionally agrees to pay in full to the Holders the Guarantee Payments (without duplication of amounts theretofore paid by or on behalf of the IssuerTrust), as and when due, regardless of any defense, right of set-off or counterclaim that the Issuer Trust may have or assert, except the defense of payment. The Guarantor's obligation to make a Guarantee Payment may be satisfied by direct payment of the required amounts by the Guarantor to the Holders or by causing the Issuer Trust to pay such amounts to the Holders.
Appears in 5 contracts
Samples: Guarantee Agreement (Metlife Inc), Guarantee Agreement (Metlife Inc), Guarantee Agreement (Metlife Inc)
Guarantee. The Guarantor irrevocably and unconditionally agrees to pay in full to the Holders the Guarantee Payments (without duplication of amounts theretofore paid by or on behalf of the Issuer), as and when due, regardless of any defense, right of set-off or counterclaim that the Issuer may have or assert, except the defense of payment. The Guarantor's ’s obligation to make a Guarantee Payment may be satisfied by direct payment of the required amounts by the Guarantor to the Holders or by causing the Issuer to pay such amounts to the Holders.
Appears in 5 contracts
Samples: Guarantee Agreement (First Niagara Financial Group Inc), Guarantee Agreement (PartnerRe Finance B LLC), Guarantee Agreement (PartnerRe Finance B LLC)
Guarantee. The Guarantor irrevocably and unconditionally agrees to pay in full to the Holders the Guarantee Payments (without duplication of amounts theretofore paid by the Issuer), ) as and when due, to the Holders of record as of the date upon which such Guarantee Payments are due, regardless of any defense, right of set-off or counterclaim that which the Issuer may have or assert. The Guarantor's obligation to make a Guarantee Payment may be satisfied by direct payment of the required amounts by the Guarantor to the Holders or by causing the Issuer to pay such amounts to the Holders.
Appears in 5 contracts
Samples: Guarantee Agreement (Ford Credit Capital Trust I), Form of Guarantee Agreement (Ford Motor Co), Guarantee Agreement (Ford Motor Co)
Guarantee. The Guarantor irrevocably and unconditionally agrees to pay in full to the Holders the Guarantee Payments (without duplication of amounts theretofore paid by or on behalf of the Issuer), as and when due, regardless of any defense, right of set-off setoff or counterclaim that which the Issuer may have or assert. The Guarantor's obligation to make a Guarantee Payment may be satisfied by direct payment of the required amounts by the Guarantor to the Holders or by causing the Issuer to pay such amounts to the Holders.
Appears in 5 contracts
Samples: Guarantee Agreement (Hl&p Capital Trust Iv), Guarantee Agreement (Hl&p Capital Trust I), Guarantee Agreement (Hl&p Capital Trust I)
Guarantee. The Guarantor irrevocably and unconditionally agrees to pay in full to the Holders the Guarantee Payments (without duplication of amounts theretofore theretofor paid by or on behalf of the Issuer), as and when due, regardless of any defense, right of set-off or counterclaim that the Issuer may have or assert. The Guarantor's ’s obligation to make a Guarantee Payment may be satisfied by direct payment of the required amounts by the Guarantor to the Holders or by causing the Issuer to pay such amounts to the Holders.
Appears in 5 contracts
Samples: Preferred Securities Guarantee Agreement, Guarantee Agreement (Gastar Exploration USA, Inc.), Preferred Securities Guarantee Agreement (Ally Financial Inc.)
Guarantee. SECTION 1 Guarantee --------- The Guarantor irrevocably and unconditionally agrees to pay in full to the Holders the Guarantee Payments (without duplication of amounts theretofore paid by the Issuer)Payments, as and when due, regardless of any defense, right of set-off or counterclaim that the Issuer may have or assert. The Guarantor's obligation to make a Guarantee Payment may be satisfied by direct payment of the required amounts by the Guarantor to the Holders or by causing the Issuer to pay such amounts to the Holders.
Appears in 5 contracts
Samples: Preferred Securities Guarantee Agreement (Commercial Credit Co), Preferred Securities Guarantee Agreement (Commercial Credit Co), Preferred Securities Guarantee Agreement (Commercial Credit Co)
Guarantee. The Guarantor irrevocably and unconditionally agrees to pay in full to the Holders the Guarantee Payments (without duplication of amounts theretofore paid by or on behalf of the IssuerIssuer Trust), as and when due, regardless of any defense, right of set-off or counterclaim that which the Issuer Trust may have or assert. The Guarantor's ’s obligation to make a Guarantee Payment may be satisfied by direct payment of the required amounts by the Guarantor to the Holders or by causing the Issuer Trust to pay such amounts to the Holders.
Appears in 4 contracts
Samples: Guarantee Agreement (Schwab Charles Corp), Guarantee Agreement (Schwab Capital Trust Ii), Guarantee Agreement (Mellon Financial Corp)
Guarantee. The Guarantor irrevocably and unconditionally agrees to pay in full to the Holders the Guarantee Payments Payments, as and when due (without duplication of amounts theretofore paid by the Issuer), as and when due, regardless of any defense, right of set-off setoff or counterclaim that which the Issuer may have or assert. The Guarantor's obligation to make a Guarantee Payment may be satisfied by direct payment of the required amounts by the Guarantor to the Holders or by causing the Issuer to pay such amounts to the Holders.
Appears in 4 contracts
Samples: Enron Capital Trust I, Enron Capital Trust I, Enron Preferred Funding Ii L P
Guarantee. The Guarantor irrevocably and unconditionally agrees to pay in full to the Holders the Guarantee Payments (without duplication of amounts theretofore paid by or on behalf of the Issuer), as and when due, regardless of any defense, right of set-off or counterclaim that which the Issuer may have or assert. The Guarantor's obligation to make a Guarantee Payment may be satisfied by direct payment of the required amounts by the Guarantor to the Holders or by causing the Issuer to pay such amounts to the Holders. The Guarantor shall notify the Guarantee Trustee of any such payment.
Appears in 4 contracts
Samples: Guarantee Agreement (Covanta Capital Trust Iii), Guarantee Agreement (Idacorp Trust Iii), Guarantee Agreement (Bankamerica Capital Viii)
Guarantee. The Guarantor irrevocably and unconditionally agrees to pay in full to the Holders the Guarantee Payments (except to the extent paid, and without duplication of amounts theretofore paid paid, by the Issuer), as and when due, regardless of any defense, right of set-off or counterclaim that the Issuer may have or assert. The Guarantor's obligation to make a Guarantee Payment may be satisfied by direct payment of the required amounts by the Guarantor to the Holders or by causing the Issuer to pay such amounts to the Holders.
Appears in 4 contracts
Samples: Trust Preferred Securities Guarantee Agreement (CNF Transportation Inc), Preferred Securities Guarantee Agreement (CNF Transportation Inc), Trust Preferred Securities Guarantee Agreement (Bay View Capital Corp)
Guarantee. The Guarantor irrevocably and unconditionally agrees to pay in full to the Holders and the Guarantee Trustee, the Guarantee Payments and all other amounts due under the Trust Agreement (without duplication of amounts theretofore paid by or on behalf of the Issuer), as and when due, regardless of any defense, right of set-off or counterclaim that which the Issuer may have or assert. The Guarantor's ’s obligation to make a Guarantee Payment may be satisfied by direct payment of the required amounts by the Guarantor to the Holders or by causing the Issuer to pay such amounts to the Holders.
Appears in 4 contracts
Samples: Guarantee Agreement (Lincoln National Corp), Guarantee Agreement (Lincoln National Corp), Guarantee Agreement (Metro Capital Trust V)
Guarantee. The Guarantor irrevocably and unconditionally agrees to pay in full to the Holders of the outstanding Trust Preferred Securities the Guarantee Payments (without duplication of amounts theretofore paid by or on behalf of the IssuerTrust pursuant to the Trust Agreement), as and when due, regardless of any defense, right of set-off or counterclaim that which the Issuer Trust may have or assert. The Guarantor's obligation to make a Guarantee Payment may be satisfied by direct payment of the required amounts by the Guarantor to the Holders or by causing the Issuer Trust to pay such amounts to the Holders.
Appears in 4 contracts
Samples: Trust Guarantee Agreement (Heco Capital Trust Ii), Trust Guarantee Agreement (Hawaiian Electric Co Inc), Trust Guarantee Agreement (Hawaiian Electric Co Inc)
Guarantee. The Guarantor irrevocably and unconditionally agrees to pay in full to the Holders the Guarantee Payments (without duplication of amounts theretofore paid by the Issuer), as and when due, regardless of any defense, right of set-off or counterclaim that which the Issuer may have or assert. The Guarantor's ’s obligation to make a Guarantee Payment may be satisfied by direct payment of the required amounts by the Guarantor to the Holders or by causing the Issuer to pay such amounts to the Holders.
Appears in 4 contracts
Samples: Common Securities Guarantee Agreement (Sovereign Bancorp Inc), Securities Guarantee Agreement (HSBC Finance Capital Trust IX), Preferred Securities Guarantee Agreement (HSBC Finance Capital Trust IX)
Guarantee. The Guarantor irrevocably and unconditionally agrees to pay in full to the Holders the Guarantee Payments (without duplication of amounts theretofore paid by or on behalf of the Issuer), as and when due, regardless of any defense, right of set-off or counterclaim that which the Issuer may have or assert, other than the defense of payment. The Guarantor's obligation to make a Guarantee Payment may be satisfied by direct payment of the required amounts by the Guarantor to the Holders or by causing the Issuer to pay such amounts to the Holders.
Appears in 4 contracts
Samples: Guarantee Agreement (Chubb Capital Trust Iii), Guarantee Agreement (Chubb Capital Trust Iii), Guarantee Agreement (Cox Communications Inc /De/)
Guarantee. The Guarantor irrevocably and unconditionally agrees agrees, to the extent set forth herein, to pay in full to the Holders the Guarantee Payments (without duplication of amounts theretofore paid by the Issuer), as and when due, regardless of any defense, right of set-off or counterclaim that the Issuer may have or assert. The Guarantor's obligation to make a Guarantee Payment may be satisfied by direct payment of the required amounts by the Guarantor to the Holders or by causing the Issuer to pay such amounts to the Holders.
Appears in 4 contracts
Samples: Preferred Securities Guarantee Agreement (Fleetwood Capital Trust Iii), Preferred Securities Guarantee Agreement (Fleetwood Capital Trust Iii), Preferred Securities Guarantee Agreement (Fleetwood Enterprises Inc/De/)
Guarantee. The Guarantor irrevocably and unconditionally agrees to pay in full to the Holders the Guarantee Payments (without duplication of amounts theretofore paid by the IssuerTrust), if, as and when due, regardless of any defense, right of set-off or counterclaim that the Issuer Trust may have or assert. The Guarantor's ’s obligation to make a Guarantee Payment may be satisfied by direct payment of the required amounts by the Guarantor to the Holders or by causing the Issuer Trust to pay such amounts to the Holders.
Appears in 4 contracts
Samples: Guarantee Agreement (Lehman Brothers Holdings Inc), Trust Guarantee Agreement (Capmark Finance Inc.), Guarantee Agreement (Lehman Brothers Holdings Inc)
Guarantee. The Guarantor irrevocably and unconditionally agrees to pay in full to the Holders the Guarantee Payments (without duplication of amounts theretofore paid by the Issuer), as and when duedue (taking into account any permitted deferral thereof), regardless of any defense, right of set-off or counterclaim that the Issuer may have or assert. The Guarantor's obligation to make a Guarantee Payment may be satisfied by direct payment of the required amounts by the Guarantor to the Holders or by causing the Issuer to pay such amounts to the Holders.
Appears in 4 contracts
Samples: Preferred Securities Guarantee Agreement (Circus Finance Ii), Preferred Securities Guarantee Agreement (Circus Finance Ii), Preferred Securities Guarantee Agreement (Circus Finance Ii)
Guarantee. The Guarantor irrevocably and unconditionally agrees to pay in full to the Holders the Guarantee Payments (without duplication of amounts theretofore paid by the IssuerTrust), as and when due, regardless of any defense, right of set-off or counterclaim that which the Issuer Trust may have or assert. The Guarantor's obligation to make a Guarantee Payment may be satisfied by direct payment of the required amounts by the Guarantor to the Holders or by causing the Issuer Trust to pay such amounts to the Holders.
Appears in 3 contracts
Samples: Guarantee Agreement (Time Warner Inc), Common Securities Guarantee Agreement (Viatel Inc), Preferred Securities Guarantee Agreement (Crown Media Holdings Inc)
Guarantee. The Guarantor irrevocably and unconditionally agrees to pay in full to the Capital Securities Guarantee Trustee for the benefit of the Holders the Guarantee Payments (without duplication of amounts theretofore paid by the Issuer), as and when due, regardless of any defense, right of set-off or counterclaim that the Issuer may have or assert. The Guarantor's obligation to make a Guarantee Payment may be satisfied by direct payment of the required amounts by the Guarantor to the Holders or by causing the Issuer to pay such amounts to the Holders.
Appears in 3 contracts
Samples: Guarantee Agreement (Webster Capital Trust Ii), Guarantee Agreement (Webster Capital Trust Ii), Securities Guarantee Agreement (Eagle Financial Corp)
Guarantee. The Guarantor irrevocably and unconditionally agrees to pay in full to the Holders Guarantee Payments to the same extent as the guarantee provided to the holders of Preferred Securities under the Guarantee Payments Agreement; provided, however, that upon the occurrence and during the continuation of a Declaration Event of Default (without duplication of amounts theretofore paid by as defined in the IssuerDeclaration), as and when due, regardless holders of any defense, right of set-off or counterclaim that Preferred Securities shall have priority over the Issuer may have or assert. The Guarantor's obligation to make a Guarantee Payment may be satisfied by direct payment of the required amounts by the Guarantor Holders with respect to the Holders or by causing the Issuer to pay such amounts to the HoldersGuarantee Payments.
Appears in 3 contracts
Samples: Guarantee Agreement (Fresenius Medical Care Corp), Guarantee Agreement (Fresenius Medical Care Corp), Agreement (Superior National Insurance Group Inc)
Guarantee. The Guarantor irrevocably and unconditionally agrees to pay in full on a senior unsecured basis to the Holders the Guarantee Payments (without duplication of amounts theretofore paid by the Issuer), as and when due, regardless of any defense, right of set-off or counterclaim that the Issuer may have or assert. The Guarantor's obligation to make a Guarantee Payment may be satisfied by direct payment of the required amounts by the Guarantor to the Holders or by causing the Issuer to pay such amounts to the Holders.
Appears in 3 contracts
Samples: Securities Guarantee Agreement (Metlife Inc), Guarantee Agreement (Prudential Financial Inc), Guarantee Agreement (Prudential Financial Inc)
Guarantee. The Guarantor irrevocably and unconditionally agrees to pay in full to the Holders the Guarantee Payments (without duplication of amounts theretofore paid by or on behalf of the Issuer), as and when due, regardless of any defensedefense (other than the defense of payment), right of set-off or counterclaim that which the Issuer may have or assert. The Guarantor's obligation to make a Guarantee Payment may be satisfied by direct payment of the required amounts by the Guarantor to the Holders or by causing the Issuer to pay such amounts to the Holders.
Appears in 3 contracts
Samples: Quips Guarantee Agreement (Amerus Life Holdings Inc), Amerus Life Holdings Inc, Amerus Life Holdings Inc
Guarantee. The Guarantor irrevocably and unconditionally agrees to pay in full to the Holders the Guarantee Payments (without duplication of amounts theretofore paid by or on behalf of the IssuerTrust), as and when due, regardless of any defense, right of set-off or counterclaim that which the Issuer Trust may have or assert. The Guarantor's obligation to make a Guarantee Payment may be satisfied by direct payment of the required amounts by the Guarantor to the Holders or by causing the Issuer Trust to pay such amounts to the Holders.
Appears in 3 contracts
Samples: Guarantee Agreement (Caremark Rx Inc), Guarantee Agreement (First American Financial Corp), Guarantee Agreement (First American Financial Corp)
Guarantee. The Guarantor irrevocably and unconditionally agrees to pay in full to the Holders the Guarantee Payments (without duplication of amounts theretofore paid by the IssuerTrust), if, as and when due, regardless of any defense, right of set-off setoff or counterclaim that the Issuer Trust may have or assert. The Guarantor's obligation to make a Guarantee Payment may be satisfied by direct payment of the required amounts by the Guarantor to the Holders or by causing the Issuer Trust to pay such amounts to the Holders.
Appears in 3 contracts
Samples: Trust Preferred Securities Guarantee Agreement (Hei Preferred Funding L P), Trust Preferred Securities Guarantee Agreement (Hawaiian Electric Industries Inc), Trust Preferred Securities Guarantee Agreement (Hawaiian Electric Industries Inc)
Guarantee. (a) The Guarantor irrevocably and unconditionally agrees to pay in full to the Holders the Guarantee Payments (without duplication of amounts theretofore paid by the Issuer), as and when due, regardless of any defensedefense (except defense of payment by the Issuer), right of set-off or counterclaim that the Issuer may have or assert. The Guarantor's obligation to make a Guarantee Payment may be satisfied by direct payment of the required amounts by the Guarantor to the Holders or by causing the Issuer to pay such amounts to the Holders.. 9
Appears in 3 contracts
Samples: Guarantee Agreement (Southern Michigan Bancorp Inc), Guarantee Agreement (PFF Bancorp Inc), Guarantee Agreement (Southern Michigan Bancorp Inc)
Guarantee. The Guarantor irrevocably and unconditionally --------- agrees to pay in full to the Holders the Guarantee Payments (without duplication of amounts theretofore paid by the IssuerTrust), as and when due, regardless of any defense, right of set-off or counterclaim that the Issuer Trust may have or assert. The Guarantor's obligation to make a Guarantee Payment may be satisfied by direct payment of the required amounts by the Guarantor to the Holders or by causing the Issuer Trust to pay such amounts to the Holders.
Appears in 3 contracts
Samples: Securities Guarantee Agreement (Abc Bancorp Capital Trust I), Securities Guarantee Agreement (Abc Bancorp Capital Trust I), Preferred Securities Guarantee Agreement (Ctbi Preferred Capital Trust Ii)
Guarantee. The Guarantor irrevocably and unconditionally agrees to pay in full to the Holders of the Company Preferred Securities the Guarantee Payments (without duplication of amounts theretofore paid by or on behalf of the IssuerLLC), as and when due, regardless of any defense, right of set-off setoff or counterclaim that which the Issuer LLC may have or assert. The Guarantor's obligation to make a Guarantee Payment may be satisfied by direct payment of the required amounts by the Guarantor to the Holders of the Company Preferred Securities or by causing the Issuer LLC to pay such amounts to the Holders.
Appears in 3 contracts
Samples: Administration Agreement (Teco Capital Trust Iii), Guarantee Agreement (Teco Energy Inc), Guarantee Agreement (Teco Capital Trust Iii)
Guarantee. The Guarantor irrevocably and unconditionally agrees to pay in full to the Holders the Guarantee Payments (without duplication of amounts theretofore paid by or on behalf of the IssuerIssuer pursuant to the Declaration or by the Guarantor pursuant to the Indenture), as and when due, regardless of any defense, right of set-off or counterclaim that the Issuer may have or assert. The Guarantor's ’s obligation to make a Guarantee Payment may be satisfied by direct payment of the required amounts by the Guarantor to the Holders or by causing the Issuer to pay such amounts to the Holders.
Appears in 3 contracts
Samples: Preferred Securities Guarantee Agreement, Preferred Securities Guarantee Agreement (Travelers Capital Trust V), Preferred Securities Guarantee Agreement (St. Paul Travelers Capital Trust IV)
Guarantee. The Guarantor irrevocably and unconditionally agrees to pay in full to the Holders the Guarantee Payments (without duplication of amounts theretofore paid by or on behalf of the Issuer), as and when due, regardless of any defense, defense (other than the defense of payment) right of set-off or counterclaim that which the Issuer may have or assert. The Guarantor's obligation to make a Guarantee Payment may be satisfied by direct payment of the required amounts by the Guarantor to the Holders or by causing the Issuer to pay such amounts to the Holders.
Appears in 3 contracts
Samples: Trust Preferred Securities Guarantee Agreement (CMS Energy Corp), Quips Guarantee Agreement (Amerus Life Holdings Inc), Securities Guarantee Agreement (Ocwen Financial Corp)
Guarantee. The Guarantor irrevocably and unconditionally agrees to pay in full to the Holders the Guarantee Payments (without duplication of amounts theretofore paid by or on behalf of the Issuer), as and when due, regardless of any defense, right of set-off or counterclaim that which the Issuer may have or assertassert other than the defense of payment (the "Guarantee"). The Guarantor's obligation to make a Guarantee Payment may be satisfied by direct payment of the required amounts by the Guarantor to the Holders or by causing the Issuer to pay such amounts to the Holders.
Appears in 3 contracts
Samples: Securities Guarantee Agreement (Aon Corp), Capital Securities Guarantee Agreement (Dominion Resources Inc /Va/), Securities Guarantee Agreement (Aon Corp)
Guarantee. The Guarantor irrevocably and unconditionally agrees to pay in full to the Holders the Guarantee Payments (without duplication of amounts theretofore paid by or on behalf of the Issuer), as and when due, regardless of any defense, right of set-off or counterclaim that the Issuer may have or assert. The Guarantor's obligation to make a Guarantee Payment may be satisfied by direct payment of the required amounts by the Guarantor to the Holders or by causing the Issuer to pay such amounts to the Holders.which the
Appears in 3 contracts
Samples: Agreement (Cna Financial Capital Iii), Agreement (Cna Financial Capital Iii), Agreement (Cna Financial Capital Iii)
Guarantee. The Guarantor irrevocably and unconditionally agrees to pay in full to the Holders the Guarantee Payments (without duplication of amounts theretofore paid by or on behalf of the IssuerIssuer Trust), as and when due, regardless of any defense, right of set-off setoff or counterclaim that the Issuer Trust may have or assert, except the defense of payment. The Guarantor's obligation to make a Guarantee Payment may be satisfied by direct payment of the required amounts by the Guarantor to the Holders or by causing the Issuer Trust to pay such amounts to the Holders.
Appears in 3 contracts
Samples: Guarantee Agreement (Scana Corp), Guarantee Agreement (South Carolina Electric & Gas Co), Guarantee Agreement (Scana Corp)
Guarantee. The Guarantor hereby irrevocably and unconditionally agrees to pay in full to the Holders the Guarantee Payments (without duplication of amounts theretofore paid by the Issuer), as and when due, regardless of any defense, right of set-off or counterclaim that the Issuer may have or assert. The Guarantor's obligation to make a Guarantee Payment may be satisfied by direct payment of the required amounts by the Guarantor to the Holders or by causing the Issuer to pay such amounts to the Holders.
Appears in 3 contracts
Samples: Capital Securities Guarantee Agreement (New York Bancorp Capital Trust), Guarantee Agreement (Imperial Capital Trust I), Capital Securities Guarantee Agreement (Life Financial Capital Trust)
Guarantee. The Guarantor irrevocably and unconditionally agrees to pay in full to the Holders the Guarantee Payments (without duplication of amounts theretofore paid by or on behalf of the IssuerTrust), as and when due, regardless of any defense, right of set-off or counterclaim that which the Issuer Trust may have or assertassert other than the defense of payment (the "Guarantee"). The Guarantor's obligation to make a Guarantee Payment may be satisfied by direct payment of the required amounts by the Guarantor to the Holders or by causing the Issuer Trust to pay such amounts to the Holders.
Appears in 3 contracts
Samples: Guarantee Agreement (First Bank System Inc), Guarantee Agreement (First Bank System Inc), Guarantee Agreement (First Bank System Inc)
Guarantee. The Guarantor irrevocably and unconditionally agrees to pay in full to the Holders the Guarantee Payments (without duplication of amounts theretofore paid by or on behalf of the IssuerIssuer Trust), as and when due, regardless of any defense, right of set-off or counterclaim that the Issuer Trust may have or assert. The Guarantor's ’s obligation to make a Guarantee Payment may be satisfied by direct payment of the required amounts by the Guarantor to the Holders or by causing the Issuer Trust to pay such amounts to the Holders.
Appears in 3 contracts
Samples: Guarantee Agreement (National City Corp), Guarantee Agreement (National City Corp), Guarantee Agreement (National City Corp)
Guarantee. The Guarantor irrevocably and unconditionally agrees agrees, to the extent set forth herein, to pay in full to the Holders the Guarantee Payments (without duplication of amounts theretofore paid by the Issuer), as and when due, regardless of any defense, right of set-off or counterclaim that which the Issuer may have or assert. The Guarantor's obligation to make a Guarantee Payment may be satisfied by direct payment of the required amounts by the Guarantor to the Holders or by causing the Issuer to pay such amounts to the Holders.
Appears in 3 contracts
Samples: Common Securities Guarantee Agreement (Fleetwood Capital Trust Iii), Common Securities Guarantee Agreement (Fleetwood Enterprises Inc/De/), Fleetwood Capital Trust Iii
Guarantee. The Guarantor irrevocably and unconditionally agrees to pay in full to the Holders the Guarantee Payments (without duplication of amounts theretofore paid by the Issuer), as and when due, regardless of any defense, right of set-off or counterclaim counter- claim that the Issuer may have or assert. The Guarantor's obligation to make a Guarantee Payment may be satisfied by direct payment of the required amounts by the Guarantor to the Holders or by causing the Issuer to pay such amounts to the Holders.
Appears in 3 contracts
Samples: Preferred Securities Guarantee Agreement (Noram Energy Corp), Capital Securities Guarantee Agreement (Bankboston Capital Trust Iii), Guarantee Agreement (Patriot Capital Trust I)
Guarantee. (a) The Guarantor irrevocably and unconditionally agrees to pay in full to the Holders the Guarantee Payments (without duplication of amounts theretofore paid by or on behalf of the Issuer), as and when due, regardless of any defensedefense (except for the defense of payment by the Issuer), right of set-off or counterclaim that which the Issuer may have or assert. The Guarantor's ’s obligation to make a Guarantee Payment may be satisfied by direct payment of the required amounts by the Guarantor to the Holders or by causing the Issuer to pay such amounts to the Holders.the
Appears in 3 contracts
Samples: Guarantee Agreement (American Equity Investment Life Holding Co), Guarantee Agreement (American Equity Investment Life Holding Co), Guarantee Agreement (American Equity Investment Life Holding Co)
Guarantee. The Guarantor irrevocably and unconditionally agrees to pay in full to the Holders the Guarantee Payments (without duplication of amounts theretofore paid by the Issuer), as and when due, regardless of any defense, right of set-off or counterclaim that the Issuer may have or assert, other than the defense of payment. The Guarantor's obligation to make a Guarantee Payment may be satisfied by direct payment of the required amounts by the Guarantor to the Holders or by causing the Issuer to pay such amounts to the Holders.
Appears in 3 contracts
Samples: Preferred Securities Guarantee Agreement (Roslyn Bancorp Inc), Preferred Securities Guarantee Agreement (Municipal Mortgage & Equity LLC), Preferred Securities Guarantee Agreement (Countrywide Home Loans Inc)
Guarantee. The Guarantor irrevocably and unconditionally agrees to pay in full to the Holders the Guarantee Payments (without duplication of amounts theretofore paid by the Issuer), as and when due, regardless of any defense, right of set-off or counterclaim that the Issuer may have or assertassert other than the defense of payment. The Guarantor's obligation to make a Guarantee Payment may be satisfied by direct payment of the required amounts by the Guarantor to the Holders or by causing the Issuer to pay such amounts to the Holders.
Appears in 3 contracts
Samples: Capital Securities Guarantee Agreement (First Midwest Bancorp Inc), Preferred Securities Guarantee Agreement (FBL Financial Group Inc), Guarantee Agreement (Equitable of Iowa Companies)
Guarantee. The Guarantor irrevocably and unconditionally agrees to pay in full to the Holders the Guarantee Payments (without duplication of amounts theretofore paid by or on behalf of the Issuer), as and when due, regardless of any defense, right of set-off or counterclaim that the Issuer may have or assert, other then the defense of payment. The Guarantor's obligation to make a Guarantee Payment may be satisfied by direct payment of the required amounts by the Guarantor to the Holders or by causing the Issuer Issuer, through the Note Issuer, to pay such amounts to the Holders.
Appears in 3 contracts
Samples: Preferred Securities Guarantee Agreement (Trenwick America Capital Trust Iii), Preferred Securities Guarantee Agreement (Trenwick America Capital Trust Iii), Preferred Securities Guarantee Agreement (Trenwick America Capital Trust Iii)
Guarantee. The Guarantor irrevocably and unconditionally agrees agrees, subject to the limitations set forth in this Guarantee, to pay in full to the Holders Initial Holder and each subsequent Holder from time to time, whether such rights under this Guarantee are asserted by the Guarantee Payments Trustee or directly by any such Holder (without duplication of amounts theretofore paid by the Issuer), if, as and when due, regardless of any defense, right of set-off setoff or counterclaim that the Issuer may have or assert. The Guarantor's obligation to make a Guarantee Payment may be satisfied by direct payment of the required amounts by the Guarantor to the Holders or by causing the Issuer to pay such amounts to the Holders.:
Appears in 2 contracts
Samples: Company Preferred Securities Guarantee Agreement (Abn Amro Bank Nv), Abn Amro Bank Nv
Guarantee. (a) The Guarantor irrevocably and unconditionally agrees to pay in full to the Holders the Guarantee Payments (without duplication of amounts theretofore paid by the Issuer), as and when due, regardless of any defensedefense (except the defense of payment by the Issuer), right of set-set off or counterclaim that the Issuer may have or assert. The Guarantor's ’s obligation to make a Guarantee Payment may be satisfied by direct payment of the required amounts by the Guarantor to the Holders or by causing the Issuer to pay such amounts to the Holders.
Appears in 2 contracts
Samples: Guarantee Agreement (North State Bancorp), Guarantee Agreement (Flagstar Bancorp Inc)
Guarantee. The Guarantor irrevocably and unconditionally --------- agrees to pay in full to the Holders the Guarantee Payments (without duplication of amounts theretofore paid by or on behalf of the IssuerTrust), as and when due, regardless of any defense, right of set-off or counterclaim that which the Issuer Guarantor may have or assertassert against any person. The Guarantor's obligation to make a Guarantee Payment may be satisfied by direct payment of the required amounts by the Guarantor to the Holders or by causing the Issuer Trust to pay such amounts to the Holders.
Appears in 2 contracts
Samples: Guarantee Agreement (Duke Energy Capital Trust Ii), Guarantee Agreement (Duke Capital Financing Trust Iii)
Guarantee. The Guarantor irrevocably and unconditionally agrees to pay in full to the Holders the Guarantee Payments (without duplication of amounts theretofore paid by or on behalf of the IssuerTrust), as and when due, regardless of any defense, right of set-off or counterclaim that the Issuer Guarantor may have or assertassert against any Person. The Guarantor's obligation to make a Guarantee Payment may be satisfied by direct payment of the required amounts by the Guarantor to the Holders or by causing the Issuer Trust to pay such amounts to the Holders.
Appears in 2 contracts
Samples: Guarantee Agreement (Southern Energy Inc), Guarantee Agreement (Sei Trust I)
Guarantee. The Guarantor irrevocably and unconditionally agrees agrees, subject to Section 5.8 and Article 8, to pay in full to the Holders the Guarantee Payments (without duplication of amounts theretofore paid by or on behalf of the Issuer), as and when due, regardless of any defense, right of set-off or counterclaim that which the Issuer may have or assertassert other than the defense of payment. The Guarantor's obligation to make a Guarantee Payment may be satisfied by direct payment of the required amounts by the Guarantor to the Holders or by causing the Issuer to pay such amounts to the Holders.
Appears in 2 contracts
Samples: Guarantee Agreement (Big Flower Holdings Inc), Guarantee Agreement (Boise Cascade Trust Iii)
Guarantee. The Guarantor irrevocably and unconditionally agrees to pay in full to the Holders the Guarantee Payments (without duplication of amounts theretofore paid by or on behalf of the IssuerIssuer Trust), as and when due, regardless of any defense, right of set-off or counterclaim that which the Issuer Trust may have or assert. The Guarantor's obligation to make a Guarantee Payment may be satisfied by direct payment of , except the required amounts by the Guarantor to the Holders or by causing the Issuer to pay such amounts to the Holders.defense of
Appears in 2 contracts
Samples: Guarantee Agreement (Centerstate Banks of Florida Inc), Guarantee Agreement (SBCF Capital Trust IV)
Guarantee. The Guarantor irrevocably and unconditionally agrees to pay in full to the Holders the Guarantee Payments (without duplication of amounts theretofore paid by or on behalf of the IssuerIssuer Trust), as and when due, regardless of any defense, right of set-off or counterclaim that which the Issuer Trust may have or assert, except the defense of payment. The Guarantor's ’s obligation to make a Guarantee Payment may be satisfied by direct payment of the required amounts by the Guarantor to the Holders or by causing the Issuer Trust to pay such amounts to the Holders.
Appears in 2 contracts
Samples: Guarantee Agreement (Goldman Sachs Capital III), Guarantee Agreement (Goldman Sachs Group Inc/)
Guarantee. The Guarantor irrevocably and unconditionally agrees to pay in full to the Holders the Guarantee Payments (without duplication of amounts theretofore paid by the Issuer), as and when due, regardless of any defense, right of set-off or counterclaim that counter-claim which the Issuer may have or assert. The Guarantor's obligation to make a Guarantee Payment may be satisfied by direct payment of the required amounts by the Guarantor to the Holders or by causing the Issuer to pay such amounts to the Holders.
Appears in 2 contracts
Samples: Common Securities Guarantee Agreement (Peoples Heritage Financial Group Inc), Common Securities Guarantee Agreement (M&t Bank Corp)
Guarantee. The Guarantor irrevocably and unconditionally agrees to pay in full to the Holders the Guarantee Payments (without duplication of amounts theretofore paid by the Issuer), as and when due, regardless of any defense, right of set-off or counterclaim that which the Issuer may have or assertassert other than the defense of payment. The Guarantor's obligation to make a Guarantee Payment may be satisfied satisfied, in the Guarantor's sole discretion, by direct payment of the required amounts by the Guarantor to the Holders or by causing the Issuer or any other person to pay such amounts to the Holders.
Appears in 2 contracts
Samples: Parent Guarantee Agreement (KDSM Inc), Parent Guarantee Agreement (Sinclair Broadcast Group Inc)
Guarantee. The Guarantor irrevocably and unconditionally agrees to pay in full on a subordinated basis to the extent set forth in this Series B Capital Securities Guarantee to the Holders the Guarantee Payments (without duplication of amounts theretofore paid by the Issuer), as and when due, regardless of any defense, right of set-off or counterclaim that the Issuer may have or assert. The Guarantor's obligation to make a Guarantee Payment may be satisfied by direct payment of the required amounts by the Guarantor to the Holders or by causing the Issuer to pay such amounts to the Holders.
Appears in 2 contracts
Samples: Guarantee Agreement (Markel Corp), Guarantee Agreement (Markel Corp)
