Independent Obligations. The Guarantor acknowledges that its obligations hereunder are independent of the obligations of the Issuer with respect to the Preferred Securities and that the Guarantor shall be liable as principal and as debtor hereunder to make Guarantee Payments pursuant to the terms of this Guarantee Agreement notwithstanding the occurrence of any event referred to in subsections (a) through (g), inclusive, of Section 5.3.
Appears in 100 contracts
Samples: Guarantee Agreement (Entegra Financial Corp.), Guarantee Agreement (Wilshire Bancorp Inc), Guarantee Agreement (First Acceptance Corp /De/)
Independent Obligations. The Guarantor acknowledges that its obligations hereunder are independent of the obligations of the Issuer Trust with respect to the Preferred Securities and that the Guarantor shall be liable as principal and as debtor hereunder to make Guarantee Payments pursuant to the terms of this Guarantee Agreement notwithstanding the occurrence of any event referred to in subsections (a) through (g), inclusive, of Section 5.35.03 hereof.
Appears in 79 contracts
Samples: Guarantee Agreement (Southwestern Electric Power Co), Preferred Securities Guarantee Agreement, Guarantee Agreement (Savannah Electric Capital Trust Ii)
Independent Obligations. The Guarantor acknowledges that its obligations hereunder are independent of the obligations of the Issuer with respect to the Preferred Common Securities and that the Guarantor shall be liable as principal and as debtor hereunder to make Guarantee Payments pursuant to the terms of this Common Securities Guarantee Agreement notwithstanding the occurrence of any event referred to in subsections (a) through (g), inclusive, of Section 5.32.3 hereof.
Appears in 64 contracts
Samples: Common Securities Guarantee Agreement (Sovereign Bancorp Inc), Common Securities Guarantee Agreement (Sovereign Bancorp Inc), Common Securities Guarantee Agreement (Travelers Capital Trust V)
Independent Obligations. The Guarantor acknowledges that its obligations hereunder are independent of the obligations of the Issuer with respect to the Preferred Securities Capital Securities, and that the Guarantor shall be liable as principal and as debtor hereunder to make Guarantee Payments pursuant to the terms of this Capital Securities Guarantee Agreement notwithstanding the occurrence of any event referred to in subsections (a) through (g), inclusive, of Section 5.35.3 hereof.
Appears in 62 contracts
Samples: Securities Guarantee Agreement (Citigroup Capital XXII), Capital Securities Guarantee Agreement (Sovereign Bancorp Inc), Securities Guarantee Agreement (Citigroup Capital XIX)
Independent Obligations. The Guarantor acknowledges that its obligations hereunder are independent of the obligations of the Issuer Trust with respect to the Preferred Securities and that the Guarantor shall be liable as principal and as debtor hereunder to make Guarantee Payments pursuant to the terms of this Guarantee Agreement notwithstanding the occurrence of any event referred to in subsections (a) through (g), inclusive, of Section 5.35.3 hereof.
Appears in 51 contracts
Samples: Guarantee Agreement (BEE Financing Trust III), Guarantee Agreement (CT Public Preferred Trust III), Guarantee Agreement (Strategic Hotels & Resorts, Inc)
Independent Obligations. The Guarantor acknowledges that its obligations hereunder are independent of the obligations of the Issuer with respect to the Preferred Securities Series A Capital Securities, and that the Guarantor shall be liable as principal and as debtor hereunder to make Guarantee Payments pursuant to the terms of this Series A Capital Securities Guarantee Agreement notwithstanding the occurrence of any event referred to in subsections (a) through (gh), inclusive, of Section 5.35.3 hereof.
Appears in 35 contracts
Samples: Capital Securities Guarantee Agreement (First Midwest Bancorp Inc), Guarantee Agreement (First Commonwealth Financial Corp /Pa/), Guarantee Agreement (Equitable of Iowa Companies)
Independent Obligations. The Guarantor acknowledges that its obligations hereunder are independent of the obligations of the Issuer with respect to the Preferred Securities and that the Guarantor shall be liable as principal and as debtor hereunder to make Guarantee Payments pursuant to the terms of this Guarantee Agreement notwithstanding the occurrence of any event referred to in subsections (a) through (g), inclusive, of Section 5.35.03.
Appears in 34 contracts
Samples: Guarantee Agreement (Delmarva Power & Light Co /De/), 4 Guarantee Agreement (Ccci Capital Trust Iii), Guarantee Agreement (Ubs Americas Inc)
Independent Obligations. The Guarantor acknowledges that its obligations hereunder are independent of the obligations of the Issuer with respect to the Trust Preferred Securities Securities, and that the Guarantor shall be liable as principal and as debtor hereunder to make Guarantee Payments pursuant to the terms of this Trust Preferred Securities Guarantee Agreement notwithstanding the occurrence of any event referred to in subsections (a) through (g), inclusive, of Section 5.35.3 hereof.
Appears in 31 contracts
Samples: Trust Preferred Securities Guarantee Agreement (Vineyard Statutory Trust X), Preferred Securities Guarantee Agreement (Merrill Lynch Preferred Capital Trust Iv), Securities Guarantee Agreement (American Classic Voyages Co)
Independent Obligations. The Guarantor acknowledges that its obligations hereunder are independent of the obligations of the Issuer Trust with respect to the Preferred Securities and that the Guarantor shall be liable as principal and as debtor hereunder to make Guarantee Payments pursuant to the terms of this Guarantee Agreement notwithstanding the occurrence of any event referred to in subsections (a) through (g), inclusive, of Section 5.35.3 hereof.
Appears in 29 contracts
Samples: Guarantee Agreement (Bancfirst Corp /Ok/), Guarantee Agreement (Bear Stearns Capital Trust Iv), Guarantee Agreement (Silicon Valley Bancshares)
Independent Obligations. The Guarantor acknowledges that its obligations hereunder are independent of the obligations of the Issuer with respect to the Preferred Securities Securities, and that the Guarantor shall be liable as principal and as debtor hereunder to make Guarantee Payments pursuant to the terms of this Guarantee Agreement notwithstanding the occurrence of any event referred to in subsections (a) through (g), inclusive, of Section 5.35.3 hereof.
Appears in 24 contracts
Samples: Preferred Securities Guarantee Agreement (KCPL Financing Ii), Guarantee Agreement (MRM Capital Trust Iii), Preferred Securities Guarantee Agreement (Northwestern Corp)
Independent Obligations. The Guarantor acknowledges that its obligations hereunder are independent of the obligations of the Issuer Trust with respect to the Trust Preferred Securities and that the Guarantor shall be liable as principal and as debtor hereunder to make Guarantee Payments pursuant to the terms of this Guarantee Agreement notwithstanding the occurrence of any event referred to in subsections (a) through (g), inclusive, of Section 5.35.3 hereof.
Appears in 20 contracts
Samples: Guarantee Agreement (Whitney Capital Trust I), Guarantee Agreement (National City Corp), Guarantee Agreement (National City Preferred Capital Trust I)
Independent Obligations. The Guarantor acknowledges that its obligations hereunder are independent of the obligations of the Issuer with respect to the Preferred Securities Capital Securities, and that the Guarantor shall be liable as principal and as debtor hereunder to make Guarantee Payments pursuant to the terms of this Capital Securities Guarantee Agreement notwithstanding the occurrence of any event referred to in subsections (a) through (gh), inclusive, of Section 5.35.3 hereof.
Appears in 19 contracts
Samples: Securities Guarantee Agreement (Bac Capital Trust Xii), Securities Guarantee Agreement (Bank of America Corp /De/), Securities Guarantee Agreement (BAC Capital Trust XX)
Independent Obligations. The Guarantor acknowledges that its obligations hereunder are independent of the obligations of the Issuer with respect to the Preferred Securities TARGETS, and that the Guarantor shall be liable as principal and as debtor hereunder to make Guarantee Payments pursuant to the terms of this TARGETS Guarantee Agreement notwithstanding the occurrence of any event referred to in subsections (a) through (g), inclusive, of Section 5.35.3 hereof.
Appears in 18 contracts
Samples: Guarantee Agreement (Targets Trusts Vi), Guarantee Agreement (Targets Trusts Vi), Guarantee Agreement (Citigroup Inc)
Independent Obligations. The Guarantor acknowledges that its obligations hereunder are independent of the obligations of the Issuer Trust with respect to the Preferred Trust Securities and that the Guarantor shall be liable as principal and as debtor hereunder to make Guarantee Payments pursuant to the terms of this Guarantee Agreement notwithstanding the occurrence of any event referred to in subsections (a) through (g), inclusive, of Section 5.35.3 hereof.
Appears in 18 contracts
Samples: Guarantee Agreement (BB&T Capital Trust II), Guarantee Agreement (Bb&t Corp), Guarantee Agreement (Bb&t Corp)
Independent Obligations. The Guarantor acknowledges that its obligations hereunder are independent of the obligations of the Issuer with respect to the [Preferred Trust] Securities and that the Guarantor shall be liable as principal and as debtor hereunder to make Guarantee Payments pursuant to the terms of this Guarantee Agreement notwithstanding the occurrence of any event referred to in subsections (a) through (g), inclusive, of Section 5.35.03.
Appears in 13 contracts
Samples: Trust Securities Guarantee Agreement (PPL Capital Funding Inc), Trust Securities Guarantee Agreement (Aep Capital Trust Iii), Trust Securities Guarantee Agreement (Southwestern Electric Power Co)
Independent Obligations. The Guarantor acknowledges that its obligations hereunder are independent of the obligations of the Issuer Trust with respect to the Trust Preferred Securities Securities, and that the Guarantor shall be liable as principal and as debtor hereunder to make Guarantee Payments pursuant to the terms of this Trust Preferred Securities Guarantee Agreement notwithstanding the occurrence of any event referred to in subsections (a) through (gh), inclusive, of Section 5.35.3 hereof.
Appears in 12 contracts
Samples: Trust Preferred Securities Guarantee Agreement (San Rafael Bancorp), Trust Preferred Securities Guarantee Agreement (Alabama National Bancorporation), Trust Preferred Securities Guarantee Agreement (United Bancorporation of Alabama Inc)
Independent Obligations. The Guarantor acknowledges that its obligations hereunder are independent of the obligations of the Issuer with respect to the Preferred Securities Securities, and that the Guarantor shall be liable as principal and as debtor hereunder to make Guarantee Payments pursuant to the terms of this Preferred Securities Guarantee Agreement notwithstanding the occurrence of any event referred to in subsections (a) through (g), inclusive, of Section 5.35.4 hereof.
Appears in 12 contracts
Samples: Securities Guarantee Agreement (International Paper Capital Trust Iii), Preferred Securities Guarantee Agreement (Proassurance Corp), Preferred Securities Guarantee Agreement (Calenergy Capital Trust Iii)
Independent Obligations. The Guarantor acknowledges that its obligations hereunder are independent of the obligations of the Issuer with respect to the Preferred Securities Securities, and that the Guarantor shall be liable as principal and as debtor hereunder to make Guarantee Payments pursuant to the terms of this Preferred Securities Guarantee Agreement notwithstanding the occurrence of any event referred to in subsections (a) through (gh), inclusive, of Section 5.35.3 hereof.
Appears in 12 contracts
Samples: Preferred Securities Guarantee Agreement (Valley National Bancorp), Preferred Securities Guarantee Agreement (Valley National Bancorp), Preferred Securities Guarantee Agreement (Sovereign Capital Trust Iv)
Independent Obligations. The Guarantor acknowledges that its obligations hereunder are independent of the obligations of the Issuer with respect to the Preferred Securities Affiliate Debenture, and that the Guarantor shall be liable as principal and as debtor hereunder to make Guarantee Payments pursuant to the terms of this Investment Guarantee Agreement notwithstanding the occurrence of any event referred to in subsections (a) through (g), inclusive, of Section 5.35.3 hereof.
Appears in 12 contracts
Samples: Debenture Guarantee Agreement (Merrill Lynch Preferred Funding I Lp), Debenture Guarantee Agreement (Merrill Lynch Preferred Funding Vi L P), Affiliate Debenture Guarantee Agreement (Merrill Lynch Preferred Capital Trust Iv)
Independent Obligations. The Guarantor acknowledges that its obligations hereunder are independent of the obligations of the Issuer with respect to the Preferred Capital Securities and that the Guarantor shall be liable as principal and as debtor hereunder to make Guarantee Payments pursuant to the terms of this Guarantee Agreement notwithstanding the occurrence of any event referred to in subsections (a) through (g), inclusive, of Section 5.35.3 hereof.
Appears in 11 contracts
Samples: Securities Guarantee Agreement (HSBC Finance Capital Trust IX), Trust Agreement (Usf&g Corp), Guarantee Agreement (Providian Financial Corp)
Independent Obligations. The Guarantor acknowledges that its obligations hereunder are independent of the obligations of the Issuer Trust with respect to the Trust Preferred Securities and that the Guarantor shall be liable as principal and as debtor hereunder to make Guarantee Payments pursuant to the terms of this Guarantee Agreement notwithstanding the occurrence of any event referred to in subsections (a) through (g), inclusive, of Section 5.35.3 hereof.
Appears in 11 contracts
Samples: Guarantee Agreement (Burlington Northern Santa Fe Corp), Guarantee Agreement (Metlife Inc), Guarantee Agreement (Fib Capital Trust)
Independent Obligations. The Guarantor acknowledges that its obligations hereunder are independent of the obligations of the Issuer with respect to the Preferred Securities Common Securities, and that the Guarantor shall be liable as principal and as debtor hereunder to make Guarantee Payments pursuant to the terms of this Common Securities Guarantee Agreement notwithstanding the occurrence of any event referred to in subsections (a) through (gf), inclusive, of Section 5.32.3 hereof.
Appears in 10 contracts
Samples: Common Securities Guarantee Agreement (Prudential Financial Capital Trust Ii), Common Securities Guarantee Agreement (Prudential Financial Capital Trust Ii), Common Securities Guarantee Agreement (MetLife Capital Trust V)
Independent Obligations. The Guarantor acknowledges that its obligations hereunder are independent of the obligations of the Issuer with respect to the Preferred Securities and that the Guarantor shall be liable as principal and as debtor hereunder to make Guarantee Payments pursuant to the terms of this Guarantee Agreement notwithstanding the occurrence of any event referred to in subsections (a) through (g), inclusive, of Section 5.35.3 hereof.
Appears in 10 contracts
Samples: Guarantee Agreement (HPT Capital Trust I), Guarantee Agreement (Boise Cascade Corp), Guarantee Agreement (Boise Cascade Trust Iii)
Independent Obligations. The Guarantor acknowledges that its obligations hereunder are independent of the obligations of the Issuer with respect to the Preferred Capital Securities and that the Guarantor shall be liable as principal and as debtor hereunder to make Guarantee Payments pursuant to the terms of this Capital Securities Guarantee Agreement notwithstanding the occurrence of any event referred to in subsections (a) through (g), inclusive, of Section 5.35.3 hereof.
Appears in 9 contracts
Samples: Guarantee Agreement (Union Planters Corp), Securities Guarantee Agreement (Countrywide Capital Ii), Guarantee Agreement (Mercantile Capital Trust I)
Independent Obligations. The Guarantor acknowledges that its obligations hereunder are independent of the obligations of the Issuer Trust with respect to the Preferred Securities and that the Guarantor shall be liable as principal and as debtor hereunder to make Guarantee Payments pursuant to the terms of this Guarantee Agreement notwithstanding the occurrence of any event referred to in subsections (a) through (g), inclusive, of Section 5.3.
Appears in 9 contracts
Samples: Guarantee Agreement (Fifth Third Capital Trust VIII), Guarantee Agreement (Fifth Third Capital Trust VIII), Guarantee Agreement (Fifth Third Capital Trust VIII)
Independent Obligations. The Guarantor acknowledges that its obligations hereunder are independent of the obligations of the Issuer with respect to the Preferred Securities and that the Guarantor shall be liable as principal and as debtor hereunder to make Guarantee Payments pursuant to the terms of this Preferred Securities Guarantee Agreement notwithstanding the occurrence of any event referred to in subsections (a) through (g), inclusive, of Section 5.35.03 hereof.
Appears in 9 contracts
Samples: Guarantee Agreement (Nationwide Financial Services Inc/), Guarantee Agreement (Public Service Co of Colorado), Guarantee Agreement (Nationwide Financial Services Inc/)
Independent Obligations. The Guarantor acknowledges that its obligations hereunder are independent of the obligations of the Issuer with respect to the Preferred Securities Series B Capital Securities, and that the Guarantor shall be liable as principal and as debtor hereunder to make Guarantee Payments pursuant to the terms of this Series B Capital Securities Guarantee Agreement notwithstanding the occurrence of any event referred to in subsections (a) through (g), inclusive, of Section 5.35.3 hereof.
Appears in 9 contracts
Samples: Capital Securities Guarantee Agreement (First Midwest Bancorp Inc), Guarantee Agreement (Albank Capital Trust I), Guarantee Agreement (First Commonwealth Financial Corp /Pa/)
Independent Obligations. The Guarantor acknowledges that its obligations hereunder are independent of the obligations of the Issuer with respect to the Preferred Trust Securities and that the Guarantor shall be liable as principal and as debtor hereunder to make Guarantee Payments pursuant to the terms of this Guarantee Agreement notwithstanding the occurrence of any event referred to in subsections (a) through (g), inclusive, of Section 5.35.03 hereof.
Appears in 8 contracts
Samples: Guarantee Agreement (Bancorp Hawaii Capital Trust I), Form of Guarantee Agreement (Bancorpsouth Inc), Guarantee Agreement (Amerus Capital I)
Independent Obligations. The Guarantor acknowledges that its obligations hereunder are independent of the obligations of the Issuer Trust with respect to the Preferred Capital Securities and that the Guarantor shall be liable as principal and as debtor hereunder to make Guarantee Payments pursuant to the terms of this Guarantee Agreement notwithstanding the occurrence of any event referred to in subsections (a) through (g), inclusive, of Section 5.35.03 hereof.
Appears in 8 contracts
Samples: Securities Guarantee Agreement (Southern Co Capital Trust I), Guarantee Agreement (Southern Co Capital Trust I), Guarantee Agreement (Mississippi Power Capital Trust Ii)
Independent Obligations. The Guarantor acknowledges that its obligations hereunder are independent of the obligations of the Issuer with respect to the Preferred Securities Securities, and that the Guarantor shall be liable as principal and as debtor hereunder to make Guarantee Payments pursuant to the terms of this Guarantee Agreement notwithstanding the occurrence of any event referred to in subsections (a) through (g), inclusive, of Section 5.35.04 hereof.
Appears in 8 contracts
Samples: Preferred Securities Guarantee Agreement (Chemed Corp), Preferred Securities Guarantee (Chemed Capital Trust), Preferred Securities Guarantee Agreement (Carriage Services Inc)
Independent Obligations. The Guarantor acknowledges that its obligations hereunder are independent of the obligations of the Issuer with respect to the Preferred Securities and that the Guarantor shall be liable as principal and as debtor hereunder to make Guarantee GUARANTEE Payments pursuant to the terms of this Guarantee GUARANTEE Agreement notwithstanding the occurrence of any event referred to in subsections (a) through (g), inclusive, of Section 5.35.03 hereof.
Appears in 7 contracts
Samples: Guarantee Agreement (J P Morgan Chase & Co), JPM Capital Trust Iv, JPM Capital Trust Iv
Independent Obligations. The Guarantor acknowledges that its obligations hereunder are independent of the obligations of the Issuer with respect to the Preferred Securities Securities, and that the Guarantor shall be liable as principal and as debtor hereunder to make Guarantee Payments pursuant to the terms of this Guarantee Agreement notwithstanding the occurrence of any event referred to in subsections (a) through (g), inclusive, of Section 5.35.4 hereof.
Appears in 7 contracts
Samples: Guarantee Agreement (Great Western Financial Trust I /De/), Guarantee Agreement (Great Western Financial Trust Iii), Guarantee Agreement (Great Western Financial Trust I /De/)
Independent Obligations. The Guarantor acknowledges that its obligations hereunder are independent of the obligations of the Issuer with respect to the Preferred Securities Securities, and that the Guarantor shall be liable as principal and as debtor hereunder to make Guarantee Payments pursuant to the terms of this Preferred Securities Guarantee Agreement notwithstanding the occurrence of any event referred to in subsections (a) through (g), inclusive, of Section 5.3.5.3 hereof
Appears in 7 contracts
Samples: Preferred Securities Guarantee Agreement, Preferred Securities Guarantee Agreement (St. Paul Travelers Capital Trust IV), Preferred Securities Guarantee Agreement (Allegheny Energy Inc)
Independent Obligations. The Guarantor acknowledges that its obligations hereunder are independent of the obligations of the Issuer Trust with respect to the Trust Preferred Securities and that the Guarantor shall be liable as principal and as debtor hereunder to make Guarantee Payments pursuant to the terms of this Trust Guarantee Agreement notwithstanding the occurrence of any event referred to in subsections (a1) through (g7), inclusive, of Section 5.35.03.
Appears in 6 contracts
Samples: Trust Guarantee Agreement (Maui Electric Co LTD), Trust Guarantee Agreement (Hawaiian Electric Co Inc), Trust Guarantee Agreement (Heco Capital Trust I)
Independent Obligations. The Guarantor acknowledges that its obligations hereunder are independent of the obligations of the Issuer with respect to the Preferred Capital Securities and that the Guarantor shall be liable as principal and as debtor hereunder to make Guarantee Payments pursuant to the terms of this Guarantee Agreement notwithstanding the occurrence of any event referred to in subsections (a) through (g), inclusive, of Section 5.35.3 hereof.
Appears in 6 contracts
Samples: Guarantee Agreement (Fpic Capital Trust V), Guarantee Agreement (Fulton Capital Trust IV), Guarantee Agreement (Fulton Capital Trust I)
Independent Obligations. The Guarantor acknowledges that its ----------------------- obligations hereunder are independent of the obligations of the Issuer with respect to the Preferred Securities and that the Guarantor shall be liable as principal and as debtor hereunder to make Guarantee Payments pursuant to the terms of this Guarantee Agreement notwithstanding the occurrence of any event referred to in subsections (a) through (g), inclusive, of Section 5.35.3 hereof.
Appears in 6 contracts
Samples: Guarantee Agreement (Sempra Energy Capital Trust Ii), Guarantee Agreement (Sempra Energy Capital Trust I), Guarantee Agreement (Sempra Energy)
Independent Obligations. The Guarantor Each of the Guarantors acknowledges that its obligations hereunder are independent of the obligations of the Issuer Trust with respect to the Preferred Capital Securities and that the Guarantor it shall be liable as principal and as debtor hereunder to make Guarantee Payments or Additional Guarantee Payments, as the case may be, pursuant to the terms of this Guarantee Agreement notwithstanding the occurrence of any event referred to in subsections (a) through (g), inclusive, of Section 5.35.3 hereof.
Appears in 6 contracts
Samples: Guarantee Agreement (Popular Inc), Guarantee Agreement (Popular Inc), Agreement (Popular North America Capital Trust Iii)
Independent Obligations. The Guarantor acknowledges that its obligations hereunder are independent of the obligations of the Issuer with respect to the Preferred Trust Securities and that the Guarantor shall be liable as principal and as debtor hereunder to make Guarantee Payments pursuant to the terms of this Guarantee Agreement notwithstanding the occurrence of any event referred to in subsections (a) through (g), inclusive, of Section 5.35.3 hereof.
Appears in 5 contracts
Samples: Guarantee Agreement (Republic New York Corp), Guarantee Agreement (Republic New York Capital Iv), Guarantee Agreement (Republic New York Capital I)
Independent Obligations. The Guarantor acknowledges that its obligations hereunder are independent of the obligations of the Issuer Trust with respect to the Trust Preferred Securities Securities, and that the Guarantor shall be liable as principal and as debtor hereunder to make Guarantee Payments pursuant to the terms of this Guarantee Agreement notwithstanding the occurrence of any event referred to in subsections (a5.3(a) through (g5.3(g), inclusive, of Section 5.3hereof.
Appears in 5 contracts
Samples: Guarantee Agreement (Omnicare Capital Trust Iii), Guarantee Agreement (Omnicom Capital Trust Iii), Guarantee Agreement (Nextel Communications Inc)
Independent Obligations. The Guarantor acknowledges that its obligations hereunder are independent of the obligations of the Issuer with respect to the Preferred Securities Securities, and that the Guarantor shall be liable as principal and as debtor hereunder to make Guarantee Payments pursuant to the terms of this Preferred Securities Guarantee Agreement notwithstanding the occurrence of any event referred to in subsections (a) through (g), inclusive, of Section 5.35.03.
Appears in 5 contracts
Samples: Preferred Securities Guarantee Agreement (Alterra Finance LLC), Preferred Securities Guarantee Agreement (Max USA Holdings Ltd.), Securities Guarantee Agreement (Axis Capital Holdings LTD)
Independent Obligations. The Guarantor acknowledges that its obligations hereunder are independent of the obligations of the Issuer Trust with respect to the Preferred Securities Securities, and that the Guarantor shall be liable as principal and as debtor hereunder to make the Guarantee Payments pursuant to the terms of this Guarantee Agreement notwithstanding the occurrence of any event referred to in subsections (a5.3(a) through (g5.3(g), inclusive, of Section 5.3hereof.
Appears in 5 contracts
Samples: Guarantee Agreement (Merrill Lynch & Co Inc), Guarantee Agreement (Merrill Lynch Capital Trust II), Guarantee Agreement (Merrill Lynch & Co Inc)
Independent Obligations. 15 19 The Guarantor acknowledges that its obligations hereunder are independent of the obligations of the Issuer with respect to the Preferred Securities Securities, and that the Guarantor shall be liable as principal and as debtor hereunder to make Guarantee Payments pursuant to the terms of this Preferred Securities Guarantee Agreement notwithstanding the occurrence of any event referred to in subsections (a) through (g), inclusive, of Section 5.35.3 hereof.
Appears in 5 contracts
Samples: Preferred Securities Guarantee Agreement (Kmart Corp), Preferred Securities Guarantee Agreement (Kmart Corp), Preferred Securities Guarantee Agreement (Kmart Corp)
Independent Obligations. The Guarantor acknowledges that its obligations hereunder are independent of the obligations of the Issuer with respect to the Preferred Securities Common Securities, and that the Guarantor shall be liable as principal and as debtor hereunder to make Guarantee Payments pursuant to the terms of this Common Securities Guarantee Agreement notwithstanding the occurrence of any event referred to in subsections (a) through (g), inclusive, of Section 5.35.3 hereof.
Appears in 5 contracts
Samples: Common Securities Guarantee Agreement (Protective Life Corp), Common Securities Guarantee Agreement (Protective Life Corp), Common Securities Guarantee Agreement (NSP Financing Ii)
Independent Obligations. The Guarantor acknowledges that its obligations hereunder are independent of the obligations of the Issuer with respect to the Preferred Securities Capital Securities, and that the Guarantor shall be liable as principal and as debtor hereunder to make Guarantee Payments pursuant to the terms of this Capital Securities Guarantee Agreement notwithstanding the occurrence of any event referred to in subsections (a) through (gf), inclusive, of Section 5.35.3 hereof.
Appears in 5 contracts
Samples: Guarantee Agreement (Prudential Financial Inc), Securities Guarantee Agreement (Metlife Capital Trust I), Agreement (Metlife Capital Trust I)
Independent Obligations. The Guarantor acknowledges that its obligations hereunder are independent of the obligations of the Issuer with respect to the Partnership Preferred Securities and that the Guarantor shall be liable as principal and as debtor hereunder to make Guarantee Payments pursuant to the terms of this Partnership Guarantee Agreement notwithstanding the occurrence of any event referred to in subsections (a) through (gf), inclusive, of Section 5.32.3 hereof.
Appears in 5 contracts
Samples: Partnership Preferred Securities Guarantee Agreement (Uds Funding Ii Lp), Partnership Preferred Securities Guarantee Agreement (Merrill Lynch Preferred Funding Vi L P), Preferred Securities Guarantee Agreement (Merrill Lynch Preferred Capital Trust Ii)
Independent Obligations. The Guarantor acknowledges that its obligations hereunder are independent of the obligations of the Issuer Trust with respect to the Preferred Capital Securities and that the Guarantor shall be liable as principal and as debtor hereunder to make Guarantee Payments pursuant to the terms of this Guarantee Agreement notwithstanding the occurrence of any event referred to in subsections (a) through (g), inclusive, of Section 5.3.
Appears in 5 contracts
Samples: Guarantee Agreement (Comerica Inc /New/), Guarantee Agreement (Wells Fargo & Co/Mn), Guarantee Agreement (Wells Fargo & Co/Mn)
Independent Obligations. The New Guarantor acknowledges that its obligations hereunder are independent of the obligations of the Issuer with respect to the Partnership Preferred Securities and that the New Guarantor shall be liable as principal and as debtor hereunder to make Guarantee Payments pursuant to the terms of this Partnership Guarantee Agreement notwithstanding the occurrence of any event referred to in subsections (a) through (gf), inclusive, of Section 5.32.3 hereof.
Appears in 5 contracts
Samples: Partnership Preferred Securities Guarantee Agreement, Partnership Preferred Securities Guarantee Agreement (BAC Capital Trust XVII), Partnership Preferred Securities Guarantee Agreement (BAC Capital Trust XVII)
Independent Obligations. The Guarantor acknowledges that its obligations hereunder are independent of the obligations of the Issuer with respect to the Preferred Common Securities and that the Guarantor shall be liable as principal and as debtor hereunder to make Guarantee Payments pursuant to the terms of this Common Securities Guarantee Agreement notwithstanding the occurrence of any event referred to in subsections (a) through (g), inclusive, of Section 5.32.4 hereof.
Appears in 5 contracts
Samples: Common Securities Guarantee Agreement (Fleetwood Enterprises Inc/De/), Common Securities Guarantee Agreement (Fleetwood Capital Trust Iii), K N Capital Trust Ii /De/
Independent Obligations. The Guarantor acknowledges that its obligations hereunder are independent of the obligations of the Issuer Trust with respect to the Preferred Securities Trust Common Securities, and that the Guarantor shall be liable as principal and as debtor hereunder to make Guarantee Payments pursuant to the terms of this Trust Common Securities Guarantee Agreement notwithstanding the occurrence of any event referred to in subsections (a) through (g), inclusive, of Section 5.35.4 hereof.
Appears in 5 contracts
Samples: www.sec.gov, Trust Common Securities Guarantee Agreement (American Equity Investment Life Holding Co), Trust Common Securities Guarantee Agreement (Westcoast Hospitality Corp)
Independent Obligations. The Guarantor acknowledges that its obligations hereunder are independent of the obligations of the Issuer Trust with respect to the Preferred Securities HIGH TIDES and that the Guarantor shall (without duplication of amounts paid by or on behalf of the Trust) be liable as principal and as debtor hereunder to make Guarantee Payments pursuant to the terms of this Guarantee Agreement notwithstanding the occurrence of any event referred to in subsections (a) through (g), inclusive, of Section 5.35.03 hereof, but subject to Section 6.01 hereof.
Appears in 4 contracts
Samples: Preferred Securities Guarantee Agreement (Titan Corp), Guarantee Agreement (Calpine Corp), Agreement (Calpine Corp)
Independent Obligations. The Guarantor acknowledges that its obligations hereunder are independent of the obligations of the Issuer with respect to the Preferred Securities Subordinated Notes, and that the Guarantor shall be liable as principal and as debtor hereunder to make Guarantee Payments all payments with respect to the Subordinated Notes pursuant to the terms of this Guarantee Agreement notwithstanding the occurrence of any event referred to in subsections (a) through (ge), inclusive, of Section 5.35.3 hereof.
Appears in 4 contracts
Samples: Securities Guarantee Agreement (RenaissanceRe Finance Inc.), Securities Guarantee Agreement (RenaissanceRe Finance Inc.), Securities Guarantee Agreement (RenaissanceRe Finance Inc.)
Independent Obligations. The Guarantor acknowledges that its obligations hereunder are independent of the obligations of the Issuer with respect to the Preferred Securities Common Securities, and that the Guarantor shall be liable as principal and as debtor hereunder to make Guarantee Payments pursuant to the terms of this Common Securities Guarantee Agreement notwithstanding the occurrence of any event referred to in subsections (a) through (g), inclusive, of Section 5.32.4 hereof.
Appears in 4 contracts
Samples: Common Securities Guarantee Agreement (Colonial Capital Trust Iv), Guarantee Agreement (Ace LTD), Guarantee Agreement (Ace LTD)
Independent Obligations. The Guarantor acknowledges that its obligations hereunder are independent of the obligations of the Issuer Trust with respect to the Preferred Capital Securities and that the Guarantor shall be liable as principal and as debtor hereunder to make Guarantee Payments pursuant to the terms of this Guarantee Agreement notwithstanding the occurrence of any event referred to in subsections (a) through (g), inclusive, of Section 5.35.3 hereof.
Appears in 4 contracts
Samples: Guarantee Agreement (Usb Capital V), Guarantee Agreement (First Bank System Inc), Guarantee Agreement (First Bank System Inc)
Independent Obligations. The Guarantor acknowledges that its obligations hereunder are independent of the obligations of the Issuer Trust with respect to the Preferred Capital Securities and that the Guarantor shall be liable as principal and as debtor hereunder to make Guarantee Payments pursuant to the terms of this Guarantee Agreement notwithstanding the occurrence of any event referred to in subsections (a) through (g), inclusive, of Section 5.35.3 hereof.
Appears in 4 contracts
Samples: Guarantee Agreement (Centerstate Banks of Florida Inc), Guarantee Agreement (SCBT Financial Corp), Guarantee Agreement (SBCF Capital Trust IV)
Independent Obligations. The Guarantor acknowledges that its obligations hereunder are independent of the obligations of the Issuer with respect to the Preferred Securities Trust Securities, and that the Guarantor shall be liable as principal and as debtor hereunder to make Guarantee Payments pursuant to the terms of this Trust Securities Guarantee Agreement notwithstanding the occurrence of any event referred to in subsections (a) through (g), inclusive, of Section 5.35.3 hereof.
Appears in 4 contracts
Samples: Guarantee Agreement (Affiliated Managers Group Inc), Guarantee Agreement (Boston Private Financial Holdings Inc), Guarantee Agreement (Affiliated Managers Group Inc)
Independent Obligations. The Guarantor acknowledges that its obligations hereunder are independent of the obligations of the Issuer Trust with respect to the Preferred Capital Securities and that the Guarantor shall be liable as principal and as debtor hereunder to make Guarantee Payments pursuant to the terms of this Capital Securities Guarantee Agreement notwithstanding the occurrence of any event referred to in subsections (a) through (g), inclusive, of Section 5.35.3 hereof.
Appears in 4 contracts
Samples: Securities Guarantee Agreement (Downey Financial Capital Trust Iii), Downey Financial Capital Trust I, Downey Financial Capital Trust Iii
Independent Obligations. The Guarantor acknowledges that its ----------------------- obligations hereunder are independent of the obligations of the Issuer with respect to the Preferred Capital Securities and that the Guarantor shall be liable as principal and as debtor hereunder to make Guarantee Payments pursuant to the terms of this Guarantee Agreement notwithstanding the occurrence of any event referred to in subsections (a) through (g), inclusive, of Section 5.34.3 hereof.
Appears in 4 contracts
Samples: Guarantee Agreement (New South Bancshares Inc), Guarantee Agreement (Prosperity Bancshares Inc), Guarantee Agreement (Gateway Bancshares Inc /Ga/)
Independent Obligations. The Guarantor acknowledges that its obligations hereunder are independent of the obligations of the Issuer with respect to the Preferred Securities Junior Subordinated Notes, and that the Guarantor shall be liable as principal and as debtor hereunder to make Guarantee Payments all payments with respect to the Junior Subordinated Notes pursuant to the terms of this Guarantee Agreement notwithstanding the occurrence of any event referred to in subsections (a) through (ge), inclusive, of Section 5.35.3 hereof.
Appears in 4 contracts
Samples: Debt Securities Guarantee Agreement (RenaissanceRe Finance Inc.), Debt Securities Guarantee Agreement (RenaissanceRe Finance Inc.), Debt Securities Guarantee Agreement (RenaissanceRe Finance Inc.)
Independent Obligations. The Guarantor acknowledges that its obligations hereunder are independent of the obligations of the Company with respect to the Debentures and of the obligations of the Issuer with respect to the Preferred Capital Securities and that the Guarantor shall be liable as principal and as debtor hereunder to make Guarantee Payments pursuant to the terms of this Guarantee Agreement notwithstanding the occurrence of any event referred to in subsections (a) through (g), inclusive, of Section 5.34.3 hereof.
Appears in 4 contracts
Samples: Parent Guarantee Agreement (CastlePoint Holdings, Ltd.), Parent Guarantee Agreement (American Safety Insurance Holdings LTD), Parent Guarantee Agreement (CastlePoint Holdings, Ltd.)
Independent Obligations. The Guarantor acknowledges that its obligations hereunder are independent of the obligations of the Issuer with respect to the Preferred Securities and that the Guarantor shall be liable as principal and as debtor hereunder to make Guarantee Payments pursuant to the terms of this Preferred Securities Guarantee Agreement notwithstanding the occurrence of any event referred to in subsections (a) through (g), inclusive, of Section 5.35.3 hereof.
Appears in 4 contracts
Samples: Preferred Securities Guarantee Agreement (Bear Stearns Companies Inc), Preferred Securities Guarantee Agreement (Bear Stearns Companies Inc), Preferred Securities Guarantee Agreement (Bear Stearns Capital Trust V)
Independent Obligations. The Guarantor acknowledges that its obligations hereunder are independent of the obligations of the Issuer with respect to the Preferred Securities Securities, and that the Guarantor shall be liable as principal and as debtor hereunder to make Guarantee Payments pursuant to the terms of this Preferred Securities Guarantee Agreement notwithstanding the occurrence of any event referred to in subsections (a) through (gf), inclusive, of Section 5.3.5.3 hereof. ARTICLE VI
Appears in 4 contracts
Samples: Preferred Securities Guarantee Agreement (Prudential Financial Capital Trust Ii), Guarantee Agreement (Prudential Financial Capital Trust Ii), Preferred Securities Guarantee Agreement (Prudential Financial Capital Trust Ii)
Independent Obligations. The Guarantor acknowledges that its obligations hereunder are independent of the obligations of the Issuer with respect to the Partnership Preferred Securities and that the Guarantor shall be liable as principal and as debtor hereunder to make Guarantee Payments pursuant to the terms of this Partnership Guarantee Agreement notwithstanding the occurrence of any event referred to in subsections (a) through (g), inclusive, of Section 5.32.3 hereof.
Appears in 4 contracts
Samples: Enron Capital Trust I, Enron Capital Trust Ii, Enron Preferred Funding Ii L P
Independent Obligations. The Guarantor acknowledges that its obligations hereunder are independent of the obligations of the Issuer with respect to the Preferred Capital Securities and that the Guarantor shall be liable as principal and as debtor hereunder to make Guarantee Payments pursuant to the terms of this Guarantee Agreement notwithstanding the occurrence of any event referred to in subsections (a) through (g), inclusive, inclusive of Section 5.35.3 hereof.
Appears in 4 contracts
Samples: Securities Guarantee Agreement (Aon Corp), Securities Guarantee Agreement (Aon Corp), Capital Securities Guarantee Agreement (Dominion Resources Inc /Va/)
Independent Obligations. The Guarantor acknowledges that its obligations hereunder are independent of the obligations of the Issuer Trust with respect to the Preferred Securities Securities, and that the Guarantor shall be liable as principal and as debtor hereunder to make Guarantee Payments pursuant to the terms of this Preferred Securities Guarantee Agreement notwithstanding the occurrence of any event referred to in subsections (a) through (g), ) inclusive, of Section 5.35.4 hereof.
Appears in 4 contracts
Samples: Securities Guarantee Agreement (Finova Finance Trust), Preferred Securities Guarantee Agreement (Warnaco Group Inc /De/), Preferred Securities Guarantee Agreement (Central Parking Corp)
Independent Obligations. The Guarantor acknowledges that its obligations hereunder are independent of the obligations of the Issuer with respect to the Preferred Securities Securities, and that the Guarantor shall be liable as principal and as debtor hereunder to make Guarantee Payments pursuant to the terms of this Securities Guarantee Agreement notwithstanding the occurrence of any event referred to in subsections (a) through (g), inclusive, of Section 5.35.3 hereof.
Appears in 4 contracts
Samples: Securities Guarantee Agreement (Washington Water Power Capital Iii), Securities Guarantee Agreement (Washington Water Power Capital Iii), Securities Guarantee Agreement (Washington Water Power Capital Iii)
Independent Obligations. The Guarantor acknowledges that its obligations hereunder are independent of the obligations of the Issuer with respect to the Preferred Securities Securities, and that the Guarantor shall be liable as principal and as debtor hereunder to make Guarantee Payments pursuant to the terms of this Guarantee Agreement notwithstanding the occurrence of any event referred to in subsections (a) through (g), inclusive, of Section 5.35.3 hereof.
Appears in 4 contracts
Samples: Guarantee Agreement (Nexity Financial Corp), Guarantee Agreement (Waccamaw Bankshares Inc), Preferred Securities Guarantee Agreement (Centurytel Inc)
Independent Obligations. The Guarantor acknowledges that its obligations hereunder are independent of the obligations of the Issuer with respect to the Trust Preferred Securities Securities, and that the Guarantor shall be liable as principal and as debtor hereunder to make Guarantee Payments pursuant to the terms of this Guarantee Agreement notwithstanding the occurrence of any event referred to in subsections (a) through (g), inclusive, of Section 5.35.03 hereof.
Appears in 4 contracts
Samples: Preferred Securities Guarantee Agreement, Preferred Securities Guarantee Agreement (Ally Financial Inc.), Preferred Securities Guarantee Agreement (Ally Financial Inc.)
Independent Obligations. The Guarantor acknowledges that its obligations hereunder are independent of the obligations of the Issuer with respect to the Preferred Trust Securities and that the Guarantor shall be liable as principal and as debtor hereunder to make Guarantee Payments pursuant to the terms of this Guarantee Agreement notwithstanding the occurrence of any event referred to in subsections (a) through (g), inclusive, of Section 5.35.03.
Appears in 4 contracts
Samples: Guarantee Agreement (Highlands Capital Trust I), Guarantee Agreement (Guaranty Capital Trust I), Guarantee Agreement (Resource Capital Trust I)
Independent Obligations. The Guarantor acknowledges that its obligations hereunder are independent of the obligations of the Issuer with respect to the Preferred Securities Securities, and that the Guarantor shall be liable as principal and as debtor hereunder under this Guarantee to make Guarantee Payments pursuant to the terms of this Guarantee Agreement notwithstanding the occurrence of any event referred to in subsections (a) through (g), inclusive, ) of Section 5.35.3 hereof.
Appears in 3 contracts
Samples: Guarantee Agreement (Ucu Capital Trust I), Guarantee Agreement (Ucu Capital Trust I), Guarantee Agreement (Nipsco Capital Trust I)
Independent Obligations. The Guarantor acknowledges that its obligations hereunder are independent of the obligations of the Issuer with respect to the Preferred Securities and that the Guarantor shall be liable as principal and as debtor hereunder to make Guarantee Payments pursuant to the terms of this Guarantee Agreement notwithstanding the occurrence of any event referred to in subsections (a) through (g), inclusive, of Section 5.3.. 14
Appears in 3 contracts
Samples: Guarantee Agreement (Simmons First National Corp), Guarantee Agreement (Simmons First National Corp), Guarantee Agreement (Simmons First National Corp)
Independent Obligations. The Additional Guarantor acknowledges that its obligations hereunder are independent of the obligations of the Issuer Trust with respect to the Preferred Securities and the Original Guarantor with respect to the Original Guarantee, and that the Additional Guarantor shall be liable as principal and as debtor hereunder to make any Guarantee Payments pursuant to the terms of this Guarantee Agreement notwithstanding the occurrence of any event referred to in subsections paragraphs (ai) through (g), inclusive, vii) of Section 5.36(c) hereof.
Appears in 3 contracts
Samples: Preferred Securities Guarantee (At&t Broadband LLC), Preferred Securities Guarantee (At&t Broadband LLC), Preferred Securities Guarantee (At&t Broadband LLC)
Independent Obligations. The Guarantor acknowledges that its obligations hereunder are independent of the obligations of the Issuer Trust with respect to the Trust Preferred Securities Securities, and that the Guarantor shall be liable as principal and as debtor hereunder to make Guarantee Payments pursuant to the terms of this Trust Guarantee Agreement notwithstanding the occurrence of any event referred to in subsections (a) through (g), inclusive, of Section 5.35.3 hereof.
Appears in 3 contracts
Samples: Trust Preferred Securities Guarantee Agreement (Hawaiian Electric Industries Capital Trust Ii), Trust Preferred Securities Guarantee Agreement (Hawaiian Electric Industries Inc), Trust Preferred Securities Guarantee Agreement (Hawaiian Electric Industries Inc)
Independent Obligations. The Guarantor acknowledges that its obligations hereunder are independent of the obligations of the Issuer with respect to the Preferred Series B Capital Securities and that the Guarantor shall be liable as principal and as debtor hereunder to make Guarantee Payments pursuant to the terms of this Series B Guarantee Agreement notwithstanding the occurrence of any event referred to in subsections (a) through (g), inclusive, of Section 5.35.3 hereof.
Appears in 3 contracts
Samples: Guarantee Agreement (First Financial Capital Trust I), Series B (Dime Community Bancshares Inc), Guarantee Agreement (Us Bancorp Capital I)
Independent Obligations. The Guarantor acknowledges that its obligations hereunder are independent of the obligations of the Issuer Trust with respect to the Preferred Trust Securities and that the Guarantor shall be liable as principal and as debtor hereunder to make Guarantee Payments pursuant to the terms of this Guarantee Agreement notwithstanding the occurrence of any event referred to in subsections (a) through (gf), inclusive, of Section 5.3.
Appears in 3 contracts
Samples: Guarantee Agreement (Goldman Sachs Group Inc), Guarantee Agreement (Goldman Sachs Group Inc), Guarantee Agreement (Murray Street Investment Trust I)
Independent Obligations. The Guarantor acknowledges that its ----------------------- obligations hereunder are independent of the obligations of the Issuer Trust with respect to the Preferred Securities Securities, and that the Guarantor shall be liable as principal and as debtor hereunder to make Guarantee Payments pursuant to the terms of this Preferred Securities Guarantee Agreement notwithstanding the occurrence of any event referred to in subsections (a) through (gh), inclusive, of Section 5.35.3 hereof.
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)
Independent Obligations. The Guarantor acknowledges that its obligations hereunder are independent of the obligations of the Issuer Trust with respect to the Trust Preferred Securities Securities, and that the Guarantor shall be liable as principal and as debtor hereunder to make Guarantee Payments pursuant to the terms of this Trust Preferred Securities Guarantee Agreement notwithstanding the occurrence of any event referred to in subsections (a) through (g), inclusive, of Section 5.35.4 hereof.
Appears in 3 contracts
Samples: Preferred Securities Guarantee Agreement (American Equity Investment Life Holding Co), Preferred Securities Guarantee Agreement (Westcoast Hospitality Corp), Preferred Securities Guarantee Agreement (Westcoast Hospitality Capital Trust)
Independent Obligations. The New Guarantor acknowledges that its obligations hereunder are independent of the obligations of the Issuer with respect to the Trust Preferred Securities Securities, and that the New Guarantor shall be liable as principal and as debtor hereunder to make Guarantee Payments pursuant to the terms of this Trust Preferred Securities Guarantee Agreement notwithstanding the occurrence of any event referred to in subsections (a) through (g), inclusive, of Section 5.35.3 hereof.
Appears in 3 contracts
Samples: Trust Preferred Securities Guarantee Agreement (BAC Capital Trust XVII), Trust Preferred Securities Guarantee Agreement (BAC Capital Trust XVII), Trust Preferred Securities Guarantee Agreement (BAC Capital Trust XVII)
Independent Obligations. The Guarantor acknowledges that its obligations hereunder are independent of the obligations of the Issuer Trust with respect to the Preferred Securities and that the Guarantor shall be liable as principal and as debtor hereunder to make Guarantee Payments pursuant to the terms of this Guarantee Agreement notwithstanding the occurrence of any event referred to in subsections (a) through (gh), inclusive, of Section 5.35.3 hereof.
Appears in 3 contracts
Samples: Guarantee Agreement (Allegiant Capital Trust Ii), Guarantee Agreement (Allegiant Capital Trust I), Guarantee Agreement (Allegiant Bancorp Inc)
Independent Obligations. The Guarantor acknowledges that its obligations hereunder are independent of the obligations of the Issuer with respect to the Preferred Trust Securities and that the Guarantor shall be liable as principal and as debtor hereunder to make Guarantee Payments pursuant to the terms of this Guarantee Agreement notwithstanding the occurrence of any event referred to in subsections (a) through (g), inclusive, of Section 5.35.03 hereof.
Appears in 3 contracts
Samples: Guarantee Agreement (Southwest Gas Corp), Guarantee Agreement (Southwest Gas Corp), Guarantee Agreement (Public Service Enterprise Group Inc)
Independent Obligations. The Guarantor acknowledges that its obligations hereunder are independent of the obligations of the Issuer with respect to the Trust Preferred Securities and that the Guarantor shall be liable as principal and as debtor debt or hereunder to make Guarantee Payments pursuant to the terms of this Guarantee Agreement notwithstanding the occurrence of any event referred to in subsections (a) through (g), inclusive, of Section 5.35.3 hereof.
Appears in 3 contracts
Samples: Guarantee Agreement (CNS Energy Trust Iii), Guarantee Agreement (CMS Energy Trust V), Guarantee Agreement (CMS Energy Trust V)
Independent Obligations. The Guarantor acknowledges that its obligations hereunder are independent of the obligations of the Issuer Trust with respect to the Trust Preferred Securities and that the Guarantor shall be liable as principal and as debtor hereunder to make Guarantee Payments pursuant to the terms of this Guarantee Agreement notwithstanding the occurrence of any event referred to in subsections (a) through (g), inclusive, of Section 5.3.. Guarantee Agreement
Appears in 3 contracts
Samples: Guarantee Agreement (Us Bancorp \De\), Guarantee Agreement (USB Capital IX), Guarantee Agreement (Wachovia Capital Trust Iii)
Independent Obligations. The Guarantor acknowledges that its obligations hereunder are independent of the obligations of the Issuer Trust with respect to the Preferred Securities Trust PIERS, and that the Guarantor shall be liable as principal and as debtor hereunder to make Guarantee Payments pursuant to the terms of this Guarantee Agreement notwithstanding the occurrence of any event referred to in subsections (a5.3(a) through (g5.3(g), inclusive, of Section 5.3hereof.
Appears in 3 contracts
Samples: Guarantee Agreement (Omnicare Inc), Guarantee Agreement (Omnicare Capital Trust Ii), Guarantee Agreement (Omnicare Inc)
Independent Obligations. The Guarantor acknowledges that its obligations hereunder are independent of the obligations of the Issuer Company with respect to the Preferred Securities Debentures and that the Guarantor shall be liable as principal and as debtor hereunder to make Guarantee Payments pay, observe and perform the Guaranteed Obligations pursuant to the terms of this Guarantee Agreement notwithstanding the occurrence of any event referred to in subsections (aa)(1) through (ga)(8), inclusive, of Section 5.311.03.
Appears in 3 contracts
Samples: Junior Indenture (Hawaiian Electric Co Inc), Junior Indenture (Maui Electric Co LTD), Junior Indenture (Hawaiian Electric Co Inc)
Independent Obligations. The Guarantor acknowledges that its ------------------------ obligations hereunder are independent of the obligations of the Issuer with respect to the Preferred Capital Securities and that the Guarantor shall be liable as principal and as debtor hereunder to make Guarantee Payments pursuant to the terms of this Guarantee Agreement notwithstanding the occurrence of any event referred to in subsections (a) through (g), inclusive, of Section 5.34.3 hereof.
Appears in 3 contracts
Samples: Guarantee Agreement (Florida Banks Inc), Guarantee Agreement (Florida Banks Inc), Guarantee Agreement (Florida Banks Inc)
Independent Obligations. The Guarantor acknowledges that its obligations hereunder are independent of the obligations of the Issuer Trust with respect to the Preferred Capital Securities and that the Guarantor shall be liable as principal and as debtor hereunder to make Guarantee Payments pursuant to the terms of this Guarantee Agreement notwithstanding the occurrence of any event referred to in subsections (asubsections(a) through (g), inclusive, of Section 5.35.3 hereof.
Appears in 3 contracts
Samples: Guarantee Agreement (Morgan Stanley Dean Witter & Co), Guarantee Agreement (MSDW Capital Trust V), Guarantee Agreement (Pxre Capital Trust Iv)
Independent Obligations. The Guarantor acknowledges that its obligations hereunder are independent of the obligations of the Issuer with respect to the Preferred Capital Securities and that the Guarantor shall be liable as principal and as debtor hereunder to make Guarantee Payments pursuant to the terms of this Guarantee Agreement notwithstanding the occurrence of any event referred to in subsections (a) through (g), inclusive, of Section 5.34.3 hereof. SECTION 4.8.
Appears in 3 contracts
Samples: Guarantee Agreement (Peoples Bancorp Inc), Guarantee Agreement, PVF Capital Corp
Independent Obligations. The Guarantor acknowledges that its obligations hereunder are independent of the obligations of the Issuer Trust with respect to the Trust Preferred Securities and that the Guarantor shall it be liable as principal and as debtor hereunder to make Guarantee Payments pursuant to the terms of this Guarantee Agreement notwithstanding the occurrence of any event referred to in subsections (a) through (g), inclusive, of Section 5.35.3 hereof.
Appears in 3 contracts
Samples: Guarantee Agreement (Scana Corp), Guarantee Agreement (South Carolina Electric & Gas Co), Guarantee Agreement (Scana Corp)
Independent Obligations. The Guarantor acknowledges that its obligations hereunder are independent of the obligations of the Issuer with respect to the Preferred Securities Securities, and that the Guarantor shall be liable as principal and as debtor hereunder to make Guarantee Payments pursuant to the terms of this Guarantee Agreement notwithstanding the occurrence of any event referred to in subsections (a) through (g), inclusive, of Section 5.3.Guarantee
Appears in 3 contracts
Samples: Preferred Securities Guarantee Agreement (Noram Financing Ii), Preferred Securities Guarantee Agreement (Noram Financing Ii), Preferred Securities Guarantee Agreement (Noram Financing Ii)
Independent Obligations. The Guarantor acknowledges that its obligations hereunder are independent of the obligations of the Issuer with respect to the Preferred Securities Securities, and that the Guarantor shall be liable as principal and as debtor hereunder to make Guarantee Payments pursuant to the terms of this Guarantee Agreement notwithstanding the occurrence of any event referred to in subsections (a) through (gf), inclusive, of Section 5.35.3 hereof.
Appears in 3 contracts
Samples: Guarantee Agreement (Partnerre LTD), Guarantee Agreement (Partnerre LTD), Guarantee Agreement (Partnerre LTD)
Independent Obligations. The Guarantor acknowledges that its obligations hereunder are independent of the obligations of the Issuer with respect to the Preferred Securities and that the Guarantor shall be liable as principal and as debtor hereunder to make Guarantee Payments pursuant to the terms of this Guarantee Agreement notwithstanding the occurrence of any event referred to in subsections (a) through (g), inclusive, of Section 5.35.3 hereof.
Appears in 3 contracts
Samples: Guarantee Agreement (Southwest Bancorp Inc), Guarantee Agreement (Virginia Commerce Bancorp Inc), Guarantee Agreement (Southwest Bancorp Inc)
Independent Obligations. The Guarantor acknowledges that its obligations hereunder are independent of the obligations of the Issuer with respect to the Preferred Securities Series b Capital Securities, and that the Guarantor shall be liable as principal and as debtor hereunder to make Guarantee Payments pursuant to the terms of this Series B Capital Securities Guarantee Agreement notwithstanding the occurrence of any event referred to in subsections (a) through (gh), inclusive, of Section 5.35.3 hereof.
Appears in 2 contracts
Samples: Greater Bay Bancorp, GBB Capital Iv
Independent Obligations. The Guarantor acknowledges that its obligations hereunder are independent of the obligations of the Issuer Trust with respect to the Trust Preferred Securities Securities, and that the Guarantor shall be liable as principal and as debtor hereunder to make Guarantee Payments pursuant to the terms of this Trust Preferred Securities Guarantee Agreement notwithstanding the occurrence of any event referred to in subsections (a) through (g), inclusive, of Section 5.35.3 hereof.
Appears in 2 contracts
Samples: Trust Preferred Securities Guarantee Agreement (PNC Financial Services Group Inc), Trust Preferred Securities Guarantee Agreement (Hei Preferred Funding L P)
Independent Obligations. The Guarantor acknowledges that its obligations hereunder are independent of the obligations of the Issuer Trust with respect to the Preferred Securities and that the Guarantor shall be liable as principal and as debtor hereunder to make Guarantee Payments pursuant to the terms of this Guarantee Agreement notwithstanding the occurrence of any event referred to in subsections (a) through (g), inclusive, of Section 5.3.5.03 hereof. ARTICLE VI
Appears in 2 contracts
Samples: Guarantee Agreement (Duke Capital Financing Trust V), Guarantee Agreement (Duke Energy Capital Trust Iii)
Independent Obligations. The Guarantor acknowledges that its obligations hereunder are independent of the obligations of the Issuer with respect to the Preferred Securities Trust Securities, and that the Guarantor shall be liable as principal and as debtor hereunder to make Guarantee Payments pursuant to the terms of this Guarantee Agreement notwithstanding the occurrence of any event referred to in subsections (a) through (g), inclusive, of Section 5.35.04 hereof.
Appears in 2 contracts
Samples: Trust Securities Guarantee Agreement (Abn Amro Bank Nv), Trust Securities Guarantee Agreement (Abn Amro Bank Nv)
Independent Obligations. The Guarantor acknowledges that its obligations hereunder are independent of the obligations of the Issuer IBC Capital with respect to the Preferred Securities Securities, and that the Guarantor shall be liable as principal and as debtor hereunder to make Guarantee Payments pursuant to the terms of this Preferred Securities Guarantee Agreement notwithstanding the occurrence of any event referred to in subsections (a) through (g), inclusive, of Section 5.35.3 hereof.
Appears in 2 contracts
Samples: Preferred Securities Guarantee Agreement (Ibc Capital Finance), Preferred Securities Guarantee Agreement (Ibc Capital Finance)
Independent Obligations. The Guarantor acknowledges that its obligations hereunder are independent of the obligations of the Issuer with respect to the Preferred Securities Common Securities, and that the Guarantor shall be liable as principal and as debtor hereunder to make Guarantee Payments pursuant to the terms of this Guarantee Agreement notwithstanding the occurrence of any event referred to in subsections (a) through (g), inclusive, of Section 5.3.the
Appears in 2 contracts
Samples: Common Securities Guarantee Agreement (Metlife Capital Trust I), Common Securities Guarantee Agreement (Metlife Capital Trust I)
Independent Obligations. The Guarantor acknowledges that its ----------------------- obligations hereunder are independent of the obligations of the Issuer with respect to the Preferred Securities Securities, and that the Guarantor shall be liable as principal and as debtor hereunder to make Guarantee Payments pursuant to the terms of this Preferred Securities Guarantee Agreement notwithstanding the occurrence of any event referred to in subsections (a) through (g), inclusive, of Section 5.35.3 hereof.
Appears in 2 contracts
Samples: Preferred Securities Guarantee Agreement (Motorola Inc), Preferred Securities Guarantee Agreement (Torchmark Corp)
Independent Obligations. The Guarantor acknowledges that its obligations hereunder are independent of the obligations of the Issuer with respect to the Preferred Common Securities and that the Guarantor shall be liable as principal and as debtor hereunder to make Guarantee Payments pursuant to the terms of this Common Securities Guarantee Agreement notwithstanding the occurrence of any event referred to in subsections (a) through (g), inclusive, of Section 5.32.03 hereof.
Appears in 2 contracts
Samples: Guarantee Agreement (Baltimore Gas & Electric Co), K N Capital Trust One
Independent Obligations. The Guarantor acknowledges that its obligations hereunder are independent of the obligations of the Issuer with respect to the Preferred Common Trust Securities and that the Guarantor shall be liable as principal and as debtor hereunder to make Guarantee Payments pursuant to the terms of this Common Trust Securities Guarantee Agreement notwithstanding the occurrence of any event referred to in subsections (a) through (g), inclusive, of Section 5.32.03 hereof.
Appears in 2 contracts
Independent Obligations. The Guarantor acknowledges that its obligations hereunder are independent of the obligations of the Issuer with respect to the Preferred Securities and that the Guarantor shall be liable as principal and as debtor hereunder to make Guarantee Payments pursuant to the terms of this Guarantee Agreement notwithstanding the occurrence of any event referred to in subsections (a) through (g), inclusiveg),inclusive, of Section 5.35.03 hereof.
Appears in 2 contracts
Samples: Guarantee Agreement (Pse&g Capital Trust Iii), Guarantee Agreement (Pse&g Capital Trust Iii)
