Subrogation. The Guarantor shall be subrogated to all (if any) rights of the Holders of Preferred Securities against the Issuer in respect of any amounts paid to such Holders by the Guarantor under this Preferred Securities Guarantee; provided, however, that the Guarantor shall not (except to the extent required by mandatory provisions of law) be entitled to enforce or exercise any right that it may acquire by way of subrogation or any indemnity, reimbursement or other agreement, in all cases as a result of payment under this Preferred Securities Guarantee, if, at the time of any such payment, any amounts are due and unpaid under this Preferred Securities Guarantee. If any amount shall be paid to the Guarantor in violation of the preceding sentence, the Guarantor agrees to hold such amount in trust for the Holders and to pay over such amount to the Holders.
Appears in 151 contracts
Samples: Preferred Securities Guarantee Agreement, Preferred Securities Guarantee Agreement (Allstate Financing X), Preferred Securities Guarantee Agreement (Valley National Bancorp)
Subrogation. The Guarantor shall be subrogated to all (if any) rights of the Holders of Preferred Securities against the Issuer in respect of any amounts paid to such the Holders by the Guarantor under this Preferred Securities GuaranteeGuarantee Agreement and shall have the right to waive payment by the Issuer pursuant to Section 5.1; provided, howeverthat, that the Guarantor shall not (except to the extent required by mandatory provisions of law) be entitled to enforce or exercise any right that rights it may acquire by way of subrogation or any indemnity, reimbursement or other agreement, in all cases as a result of payment under this Preferred Securities GuaranteeGuarantee Agreement, if, at the time of any such payment, any amounts are due and unpaid under this Preferred Securities GuaranteeGuarantee Agreement. If any amount shall be paid to the Guarantor in violation of the preceding sentence, the Guarantor agrees to hold such amount in trust for the Holders and to pay over such amount to the Holders.
Appears in 92 contracts
Samples: Guarantee Agreement (Paragon Commercial CORP), Guarantee Agreement (Entegra Financial Corp.), Guarantee Agreement (Wilshire Bancorp Inc)
Subrogation. The Guarantor shall be subrogated to all (if any) rights of the Holders of Preferred Securities against the Issuer in respect of any amounts paid to such Holders by the Guarantor under this Preferred Securities Guarantee; provided, however, that the Guarantor shall not (except to the extent required by mandatory provisions of law) be entitled to enforce or exercise any right that it may acquire by way of subrogation or any indemnity, reimbursement or other agreement, in all cases as a result of payment under this Preferred Securities Guarantee, if, at the time of any such payment, any amounts are due and unpaid under this Preferred Securities Guarantee. If any amount shall be paid to the Guarantor in violation of the preceding sentence, the Guarantor agrees to hold such amount in trust for the Holders and to pay over such amount to the Holders.
Appears in 78 contracts
Samples: Preferred Securities Guarantee Agreement, Preferred Securities Guarantee Agreement (Laclede Capital Trust I), Preferred Securities Guarantee Agreement (Travelers Capital Trust V)
Subrogation. The Guarantor shall be subrogated to all (if any) rights of the Holders of Preferred Securities against the Issuer Trust in respect of any amounts paid to such Holders by the Guarantor under this Preferred Securities Guarantee; provided, however, that the Guarantor shall not (except to the extent required by mandatory provisions of law) be entitled to enforce or exercise any right that it may acquire by way of subrogation or any indemnity, reimbursement or other agreement, in all cases as a result of payment under this Preferred Securities Guarantee, if, at the time of any such payment, any amounts are due and unpaid under this Preferred Securities Guarantee. If any amount shall be paid to the Guarantor in violation of the preceding sentence, the Guarantor agrees to hold such amount in trust for the Holders and to pay over such amount to the Holders.
Appears in 72 contracts
Samples: Convertible Preferred Securities Guarantee Agreement (Bridge Bancorp Inc), Preferred Securities Guarantee Agreement (Independent Bank Corp /Mi/), Preferred Securities Guarantee Agreement (Capitol Trust Xv)
Subrogation. The Guarantor shall be subrogated to all (if any) rights of the Holders of Preferred Capital Securities against the Issuer in respect of any amounts paid to such Holders by the Guarantor under this Preferred Capital Securities Guarantee; provided, however, that the Guarantor shall not (except to the extent required by mandatory provisions of law) be entitled to enforce or exercise any right that it may acquire by way of subrogation or any indemnity, reimbursement or other agreement, in all cases as a result of payment under this Preferred Capital Securities Guarantee, if, at the time of any such payment, any amounts are due and unpaid under this Preferred Capital Securities Guarantee. If any amount shall be paid to the Guarantor in violation of the preceding sentence, the Guarantor agrees to hold such amount in trust for the Holders and to pay over such amount to the Holders.
Appears in 48 contracts
Samples: Securities Guarantee Agreement (Citigroup Capital XIX), Securities Guarantee Agreement (Citigroup Capital XXII), Securities Guarantee Agreement (Citigroup Capital XIX)
Subrogation. The Guarantor shall be subrogated to all (if any) rights of the Holders of the Preferred Securities against the Issuer Trust in respect of any amounts paid to such Holders by the Guarantor under this Preferred Securities Guarantee; provided, however, that the Guarantor shall not (except to the extent required by mandatory provisions of law) be entitled to enforce or exercise any right that it may acquire by way of subrogation or any indemnity, reimbursement or other agreement, in all cases as a result of payment under this Preferred Securities Guarantee, if, at the time of any such payment, any amounts are due and unpaid under this Preferred Securities Guarantee. If any amount shall be paid to the Guarantor in violation of the preceding sentence, the Guarantor agrees to hold such amount in trust for the Holders and to pay over such amount to the Holders.
Appears in 23 contracts
Samples: Preferred Securities Guarantee Agreement (S Y Bancorp Inc), Preferred Securities Guarantee Agreement (Itla Capital Corp), Preferred Securities Guarantee Agreement (S.Y. Bancorp Capital Trust II)
Subrogation. The Guarantor shall be subrogated to all (if any) rights of the Holders of Preferred Securities against the Issuer Trust in respect of any amounts paid to such the Holders by the Guarantor under this Preferred Securities GuaranteeGuarantee Agreement and shall have the right to waive payment by the Trust pursuant to Section 5.1; provided, however, that the Guarantor shall not (except to the extent required by mandatory provisions of law) be entitled to enforce or exercise any right that rights which it may acquire by way of subrogation or any indemnity, reimbursement or other agreement, in all cases as a result of payment under this Preferred Securities Guarantee, if, at the time of any such payment, any amounts are due and unpaid under this Preferred Securities Guarantee. If any amount shall be paid to the Guarantor in violation of the preceding sentence, the Guarantor agrees to hold such amount in trust for the Holders and to pay over such amount to the Holders.
Appears in 22 contracts
Samples: Guarantee Agreement (Silicon Valley Bancshares), Guarantee Agreement (Silicon Valley Bancshares), Guarantee Agreement (BFC Capital Trust Ii)
Subrogation. The Guarantor shall be subrogated to all (if any) rights of the Holders of Preferred Securities against the Issuer in respect of any amounts paid to such Holders by the Guarantor under this Preferred Series A Capital Securities Guarantee; provided, however, that the Guarantor shall not (except to the extent required by mandatory provisions of law) be entitled to enforce or exercise any right that it may acquire by way of subrogation or any indemnity, reimbursement or other agreement, in all cases as a result of payment under this Preferred Series A Capital Securities Guarantee, if, at the time of any such payment, any amounts are due and unpaid under this Preferred Series A Capital Securities Guarantee. If any amount shall be paid to the Guarantor in violation of the preceding sentence, the Guarantor agrees to hold such amount in trust for the Holders and to pay over such amount to the Holders.
Appears in 22 contracts
Samples: Capital Securities Guarantee Agreement (Hubco Inc), Securities Guarantee Agreement (Eagle Financial Corp), Securities Guarantee Agreement (Agl Resources Inc)
Subrogation. The Guarantor shall be subrogated to all (if any) rights of the Holders of Preferred Securities against the Issuer in respect of any amounts paid to such Holders by the Guarantor under this Preferred Securities Guarantee; providedPROVIDED, howeverHOWEVER, that the Guarantor shall not (except to the extent required by mandatory provisions of law) be entitled to enforce or exercise any right that it may acquire by way of subrogation or any indemnity, reimbursement or other agreement, in all cases as a result of payment under this Preferred Securities Guarantee, if, at the time of any such payment, any amounts are due and unpaid under this Preferred Securities Guarantee. If any amount shall be paid to the Guarantor in violation of the preceding sentence, the Guarantor agrees to hold such amount in trust for the Holders and to pay over such amount to the Holders.
Appears in 19 contracts
Samples: Preferred Securities Guarantee Agreement (Unionbancal Finance Trust Iv), Preferred Securities Guarantee Agreement (Protective Life Corp), Preferred Securities Guarantee Agreement (Xl Capital LTD)
Subrogation. The Guarantor shall be subrogated to all (if any) rights of the Holders of Preferred Securities against the Issuer in respect of any amounts paid to such the Holders by the Guarantor under this Preferred Securities GuaranteeGuarantee Agreement and shall have the right to waive payment by the Issuer pursuant to Section 5.01; provided, however, that the Guarantor shall not (except to the extent required by mandatory provisions of law) be entitled to enforce or exercise any right that rights which it may acquire by way of subrogation or any indemnity, reimbursement or other agreement, in all cases as a result of payment under this Preferred Securities GuaranteeGuarantee Agreement, if, at the time of any such payment, any amounts are due and unpaid under this Preferred Securities GuaranteeGuarantee Agreement. If any amount shall be paid to the Guarantor in violation of the preceding sentence, the Guarantor agrees to hold such amount in trust for the Holders and to pay over such amount to the Holders.
Appears in 19 contracts
Samples: Guarantee Agreement (Southwest Gas Corp), Guarantee Agreement (Southwest Gas Corp), Guarantee Agreement (Pse&g Capital Trust Iii)
Subrogation. The Guarantor shall be subrogated to all (if any) rights of the Holders of Preferred Securities against the Issuer in respect of any amounts paid to such Holders by the Guarantor under this Preferred Series B Capital Securities Guarantee; provided, however, that the Guarantor shall not (except to the extent required by mandatory provisions of law) be entitled to enforce or exercise any right that it may acquire by way of subrogation or any indemnity, reimbursement or other agreement, in all cases as a result of payment under this Preferred Series B Capital Securities Guarantee, if, at the time of any such payment, any amounts are due and unpaid under this Preferred Series B Capital Securities Guarantee. If any amount shall be paid to the Guarantor in violation of the preceding sentence, the Guarantor agrees to hold such amount in trust for the Holders and to pay over such amount to the Holders.
Appears in 19 contracts
Samples: Capital Securities Guarantee Agreement (Yardville Capital Trust Ii), Guarantee Agreement (Onbancorp Inc), Securities Guarantee Agreement (Progress Capital Trust I)
Subrogation. The Guarantor shall be subrogated to all (if any) rights of the Holders of Preferred Securities against the Issuer in respect of any amounts paid to such the Holders by the Guarantor under this Preferred Securities GuaranteeGuarantee Agreement and shall have the right to waive payment by the Issuer pursuant to Section 5.1; provided, however, that the Guarantor shall not (except to the extent required by mandatory provisions of law) be entitled to enforce or exercise any right that rights which it may acquire by way of subrogation or any indemnity, reimbursement or other agreement, in all cases as a result of payment under this Preferred Securities GuaranteeGuarantee Agreement, if, if at the time of any such payment, any amounts are due and unpaid under this Preferred Securities GuaranteeGuarantee Agreement. If any amount shall be paid to the Guarantor in violation of the preceding sentence, the Guarantor agrees to hold such amount in trust for the Holders and to pay over such amount to the Holders.
Appears in 15 contracts
Samples: Guarantee Agreement (Actuant CORP Capital Trust II), Securities Guarantee Agreement (Aon Corp), Guarantee Agreement (Burlington Resources Finance Co)
Subrogation. The Guarantor shall be subrogated to all (if any) rights of the Holders of Preferred Securities TARGETS against the Issuer in respect of any amounts paid to such Holders by the Guarantor under this Preferred Securities TARGETS Guarantee; provided, however, that the Guarantor shall not (except to the extent required by mandatory provisions of law) be entitled to enforce or exercise any right that it may acquire by way of subrogation or any indemnity, reimbursement or other agreement, in all cases as a result of payment under this Preferred Securities TARGETS Guarantee, if, at the time of any such payment, any amounts are due and unpaid under this Preferred Securities TARGETS Guarantee. If any amount shall be paid to the Guarantor in violation of the preceding sentence, the Guarantor agrees to hold such amount in trust for the Holders and to pay over such amount to the Holders.
Appears in 15 contracts
Samples: Guarantee Agreement (Citigroup Inc), Guarantee Agreement (Citigroup Inc), Guarantee Agreement (Citigroup Inc)
Subrogation. The Guarantor shall be subrogated to all (if any) rights of the Holders of Trust Preferred Securities against the Issuer in respect of any amounts paid to such Holders by the Guarantor under this Trust Preferred Securities Guarantee; provided, however, that the Guarantor shall not (except to the extent required by mandatory provisions of law) be entitled to enforce or exercise any right that it may acquire by way of subrogation or any indemnity, reimbursement or other agreement, in all cases as a result of payment under this Trust Preferred Securities Guarantee, if, at the time of any such payment, any amounts are due and unpaid under this Trust Preferred Securities Guarantee. If any amount shall be paid to the Guarantor in violation of the preceding sentence, the Guarantor agrees to hold such amount in trust for the Holders and to pay over such amount to the Holders.
Appears in 15 contracts
Samples: Securities Guarantee Agreement (American Classic Voyages Co), Trust Preferred Securities Guarantee Agreement (Ultramar Diamond Shamrock Corp), Trust Preferred Securities Guarantee Agreement (CNF Transportation Inc)
Subrogation. The Guarantor shall be subrogated to all (if any) rights of the Holders of Preferred Securities against the Issuer in respect of any amounts paid to such Holders by the Guarantor under this Preferred Common Securities Guarantee; provided, however, that the Guarantor shall not (except to the extent required by mandatory provisions of law) be entitled to enforce or exercise any right that rights which it may acquire by way of subrogation or any indemnity, reimbursement or other agreement, in all cases as a result of payment under this Preferred Common Securities Guarantee, if, at the time of any such payment, any amounts are due and unpaid under this Preferred Common Securities Guarantee. If any amount shall be paid to the Guarantor in violation of the preceding sentence, the Guarantor agrees to hold such amount in trust for the Holders and to pay over such amount to the Holders.
Appears in 14 contracts
Samples: Common Securities Guarantee Agreement (Sovereign Bancorp Inc), Common Securities Guarantee Agreement (Sovereign Bancorp Inc), Common Securities Guarantee Agreement (Eagle Financial Corp)
Subrogation. The Guarantor shall be subrogated to all (if any) rights of the Holders of Preferred Series B Capital Securities against the Issuer in respect of any amounts paid to such Holders by the Guarantor under this Preferred Series B Capital Securities Guarantee; provided, however, that the Guarantor shall not (except to the extent required by mandatory provisions of law) be entitled to enforce or exercise any right that it may acquire by way of subrogation or any indemnity, reimbursement or other agreement, in all cases as a result of payment under this Preferred Series B Capital Securities Guarantee, if, at the time of any such payment, any amounts are due and unpaid under this Preferred Series B Capital Securities Guarantee. If any amount shall be paid to the Guarantor in violation of the preceding sentence, the Guarantor agrees to hold such amount in trust for the Holders and to pay over such amount to the Holders.
Appears in 14 contracts
Samples: Guarantee Agreement (Bank of Boston Corp), Guarantee Agreement (Bank of Boston Corp), Guarantee Agreement (Hubco Inc)
Subrogation. The Guarantor shall be subrogated to all (if any) rights of the Holders of Preferred Securities against the Issuer in respect of any amounts paid to such the Holders by the Guarantor under this Preferred Securities GuaranteeGuarantee Agreement and shall have the right to waive payment by the Issuer pursuant to Section 5.1; provided, however, that the Guarantor shall not (except to the extent required by mandatory provisions of law) be entitled to enforce or exercise any right that rights which it may acquire by way of subrogation or any indemnity, reimbursement or other agreement, in all cases as a result of payment under this Preferred Securities Guarantee, ifGuarantee Agreement, at the time of any such payment, any amounts are due and unpaid under this Preferred Securities GuaranteeGuarantee Agreement. If any amount shall be paid to the Guarantor in violation of the preceding sentence, the Guarantor agrees to hold such amount in trust for the Holders and to pay over such amount to the Holders.
Appears in 12 contracts
Samples: Guarantee Agreement (Sierra Pacific Resources Capital Trust Ii), Agreement (Lincoln National Capital Vi), Agreement (Lincoln National Capital Vi)
Subrogation. The Guarantor shall be subrogated to all (if any) rights of the Holders of Preferred Securities against the Issuer in respect of any amounts paid to such Holders by the Guarantor under this Preferred Securities Guarantee; provided, however, that the Guarantor shall not (except to the extent required -------- ------- by mandatory provisions of law) be entitled to enforce or exercise any right that it may acquire by way of subrogation or any indemnity, reimbursement or other agreement, in all cases as a result of payment under this Preferred Securities Guarantee, if, at the time of any such payment, any amounts are due and unpaid under this Preferred Securities Guarantee. If any amount shall be paid to the Guarantor in violation of the preceding sentence, the Guarantor agrees to hold such amount in trust for the Holders and to pay over such amount to the Holders.
Appears in 11 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 Vi)
Subrogation. The Guarantor shall be subrogated to all (if any) rights of the Holders of Preferred Securities against the Issuer in respect of any amounts paid to such the Holders by the Guarantor under this Preferred Securities GuaranteeGuarantee Agreement and shall have the right to waive payment by the Issuer pursuant to Section 5.1; provided, however, that the Guarantor shall not (except to the extent required by mandatory provisions of law) be entitled to enforce or exercise any right that rights which it may acquire by way of subrogation or any indemnity, reimbursement or other agreement, in all cases as a result of payment under this Preferred Securities Guarantee, Guarantee Agreement if, at the time of any such payment, any amounts are due and unpaid under this Preferred Securities GuaranteeGuarantee Agreement. If any amount shall be paid to the Guarantor in violation of the preceding sentence, the Guarantor agrees to hold such amount in trust for the Holders and to pay over such amount to the Holders.
Appears in 11 contracts
Samples: Guarantee Agreement (Lincoln National Corp), Guarantee Agreement (Lincoln National Corp), Guarantee Agreement (Lincoln National Corp)
Subrogation. The Guarantor shall be subrogated to all (if any) rights of the Holders of Preferred Common Securities against the Issuer in respect of any amounts paid to such Holders by the Guarantor under this Preferred Common Securities Guarantee; provided, however, that the Guarantor shall not (except to the extent required by mandatory provisions of law) be entitled to enforce or exercise any right that it may acquire by way of subrogation or any indemnity, reimbursement or other agreement, in all cases as a result of payment under this Preferred Common Securities Guarantee, if, at the time of any such payment, any amounts are due and unpaid under this Preferred Common Securities Guarantee. If any amount shall be paid to the Guarantor in violation of the preceding sentence, the Guarantor agrees to hold such amount in trust for the Holders and to pay over such amount to the Holders.
Appears in 10 contracts
Samples: Common Securities Guarantee Agreement (Protective Life Corp), Common Securities Guarantee Agreement (Northern States Power Co), Common Securities Guarantee Agreement (Berkley W R Corp)
Subrogation. The Guarantor shall be subrogated to all (if any) rights of the Holders of Preferred Securities against the Issuer Trust in respect of any amounts paid to such Holders by the Guarantor under this Preferred Securities Guarantee; providedPROVIDED, howeverHOWEVER, that the Guarantor shall not (except to the extent required by mandatory provisions of law) be entitled to enforce or exercise any right that it may acquire by way of subrogation or any indemnity, reimbursement or other agreement, in all cases as a result of payment under this Preferred Securities Guarantee, if, at the time of any such payment, any amounts are due and unpaid under this Preferred Securities Guarantee. If any amount shall be paid to the Guarantor in violation of the preceding sentence, the Guarantor agrees to hold such amount in trust for the Holders and to pay over such amount to the Holders.
Appears in 10 contracts
Samples: Preferred Securities Guarantee Agreement (Independent Bank Corp), Preferred Securities Guarantee Agreement (Second Bancorp Inc), Preferred Securities Guarantee Agreement (Independent Capital Trust Iii)
Subrogation. The Guarantor shall be subrogated to all (if any) rights of the Holders of Preferred Common Securities against the Issuer in respect of any amounts paid to such Holders by the Guarantor under this Preferred Common Securities Guarantee; provided, however, that the Guarantor shall not (except to the extent required -------- ------- by mandatory provisions of law) be entitled to enforce or exercise any right that rights which it may acquire by way of subrogation or any indemnity, reimbursement or other agreement, in all cases as a result of payment under this Preferred Common Securities Guarantee, if, at the time of any such payment, any amounts are due and unpaid under this Preferred Common Securities Guarantee. If any amount shall be paid to the Guarantor in violation of the preceding sentence, the Guarantor agrees to hold such amount in trust for the Holders and to pay over such amount to the Holders.
Appears in 10 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 Vi)
Subrogation. The Guarantor shall be subrogated to all (if any) rights of the Holders of Preferred Securities against the Issuer in respect of any amounts paid to such the Holders by the Guarantor under this Preferred Securities GuaranteeGuarantee and shall have the right to waive payment by the Issuer pursuant to Section 5.01; provided, however, that the Guarantor shall not (except to the extent required by mandatory provisions of law) be entitled to enforce or exercise any right that rights which it may acquire by way of subrogation or any indemnity, reimbursement or other agreement, in all cases as a result of payment under this Preferred Securities Guarantee, if, at the time of any such payment, any amounts are due and unpaid under this Preferred Securities Guarantee. If any amount shall be paid to the Guarantor in violation of the preceding sentence, the Guarantor agrees to hold such amount in trust for the Holders and to pay over such amount to the Holders.
Appears in 9 contracts
Samples: Guarantee Agreement (Public Service Co of Colorado), Guarantee Agreement (Nationwide Financial Services Inc/), Guarantee Agreement (Scottish Annuity & Life Holdings LTD)
Subrogation. The Guarantor shall be subrogated to all (if any) rights of the Holders of Preferred Securities against the Issuer Trust in respect of any amounts paid to such Holders by the Guarantor under this Trust Preferred Securities Guarantee; provided, however, that the Guarantor shall not (except to the extent required by mandatory provisions of law) be entitled to enforce or exercise any right that it may acquire by way of subrogation or any indemnity, reimbursement or other agreement, in all cases as a result of payment under this Trust Preferred Securities Guarantee, if, at the time of any such payment, any amounts are due and unpaid under this Trust Preferred Securities Guarantee. If any amount shall be paid to the Guarantor in violation of the preceding sentence, the Guarantor agrees to hold such amount in trust for the Holders and to pay over such amount to the Holders.
Appears in 9 contracts
Samples: Trust Preferred Securities Guarantee Agreement (Alabama National Bancorporation), Trust Preferred Securities Guarantee Agreement (San Rafael Bancorp), Trust Preferred Securities Guarantee Agreement (United Bancorporation of Alabama Inc)
Subrogation. The Guarantor shall be subrogated to all (rights, if any) rights , of the Holders of Preferred Securities against the Issuer in respect of any amounts paid to such Holders by the Guarantor under this Preferred Securities Guarantee; provided, however, that the Guarantor shall not (except to the extent required by mandatory provisions of law) be entitled to enforce or exercise any right that it may acquire by way of subrogation or any indemnity, reimbursement or other agreement, in all cases as a result of payment under this Preferred Securities Guarantee, if, at the time of any such payment, any amounts are due and unpaid under this Preferred Securities Guarantee. If any amount shall be paid to the Guarantor in violation of the preceding sentence, the Guarantor agrees to hold such amount in trust for the Holders and to pay over such amount to the Holders.
Appears in 9 contracts
Samples: Preferred Securities Guarantee Agreement (Cendant Capital Iii), Preferred Securities Guarantee Agreement (Cendant Capital V), Preferred Securities Guarantee Agreement (Owens Corning Capital Ii)
Subrogation. The Guarantor shall be subrogated to all (if any) rights of the Holders of Trust Preferred Securities against the Issuer Trust in respect of any amounts paid to such Holders by the Guarantor under this Trust Preferred Securities Guarantee; provided, however, that the Guarantor shall not (except to the extent required by mandatory provisions of law) be entitled to enforce or exercise any right that it may acquire by way of subrogation or any indemnity, reimbursement or other agreement, in all cases as a result of payment under this Trust Preferred Securities Guarantee, if, at the time of any such payment, any amounts are due and unpaid under this Trust Preferred Securities Guarantee. If any amount shall be paid to the Guarantor in violation of the preceding sentence, the Guarantor agrees to hold such amount in trust for the Holders and to pay over such amount to the Holders.
Appears in 9 contracts
Samples: Preferred Securities Guarantee Agreement (American Equity Investment Life Holding Co), Preferred Securities Guarantee Agreement (American Equity Investment Life Holding Co), Trust Preferred Securities Guarantee Agreement (Paradigm Capital Trust Ii)
Subrogation. The Guarantor shall be subrogated to all (if any) rights of the Holders of Preferred Capital Securities against the Issuer Trust in respect of any amounts paid to such Holders by the Guarantor under this Preferred Capital Securities Guarantee; provided, however, that the Guarantor shall not (except to the extent required by mandatory provisions of law) be entitled to enforce or exercise any right that it may acquire by way of subrogation or any indemnity, reimbursement or other agreement, in all cases as a result of payment under this Preferred Capital Securities Guarantee, if, at the time of any such payment, any amounts are due and unpaid under this Preferred Capital Securities Guarantee. If any amount shall be paid to the Guarantor in violation of the preceding sentence, the Guarantor agrees to hold such amount in trust for the Holders and to pay over such amount to the Holders.
Appears in 9 contracts
Samples: Capital Securities Guarantee Agreement (Great Southern Capital Trust IV), Capital Securities Guarantee Agreement (First Financial Capital Trust II), Capital Securities Guarantee Agreement (First Financial Capital Trust II)
Subrogation. The Guarantor shall be subrogated to all (if any) rights of the Holders of Preferred Securities against the Issuer in respect of any amounts paid to such Holders by the Guarantor under this Preferred Securities Guarantee; provided, however, that the Guarantor shall not (except to the extent required by mandatory provisions of law) be entitled to enforce or exercise any right that it may acquire by way of subrogation or any indemnity, reimbursement or other agreement, in all cases as a result of payment under this Preferred Securities Guarantee, if, at the time of any such payment, any amounts are due and unpaid under this Preferred Securities Guarantee. If any amount shall be paid to the Guarantor in violation of the preceding sentence, the Guarantor agrees to hold such amount in trust for the Holders and to pay over such amount to the Preferred Guarantee Trustee for the benefit of the Holders.
Appears in 8 contracts
Samples: Preferred Securities Guarantee Agreement (Equitable of Iowa Companies Capital Trust), Preferred Securities Guarantee Agreement (Kellogg Co), Preferred Securities Guarantee Agreement (Conseco Inc Et Al)
Subrogation. The Guarantor shall be subrogated to all (rights, if any) rights , of the Holders of Preferred Securities against the Issuer in respect of any amounts paid to such Holders by the Guarantor under this Preferred Securities Guarantee; provided, however, that the Guarantor shall not (except to the extent required by mandatory provisions of law) be entitled to enforce or exercise any right that it may acquire by way of subrogation or any indemnity, reimbursement or other agreement, in all cases as a result of payment under this Preferred Securities Guarantee, if, at the time of any such payment, any amounts are due and unpaid under this Preferred Securities Guarantee. If any amount shall be paid or property delivered to the Guarantor in violation of the preceding sentence, the Guarantor agrees to hold such amount or property in trust for the Holders and to pay over such amount or deliver such property to the HoldersHolders entitled thereto.
Appears in 8 contracts
Samples: Preferred Securities Guarantee Agreement (Dte Energy Co), Preferred Securities Guarantee Agreement (Apache Corp), Preferred Securities Guarantee Agreement (Dte Energy Co)
Subrogation. The Guarantor shall be subrogated to all (rights, if any) rights , of the Holders of Preferred Securities the Notes against the Issuer Company in respect of any amounts paid to such Holders by the Guarantor under this Preferred Securities GuaranteeSupplemental Indenture; provided, however, that the Guarantor shall not (except to the extent required by mandatory provisions of law) be entitled to enforce or exercise any right that it may acquire by way of subrogation or any indemnity, reimbursement or other agreement, in all cases as a result of payment under this Preferred Securities GuaranteeSupplemental Indenture, if, at the time of any such payment, any amounts are due and unpaid outstanding under this Preferred Securities GuaranteeSupplemental Indenture. If any amount shall be paid to the Guarantor in violation of the preceding sentence, the Guarantor agrees to hold such amount in trust for the benefit of the Holders and to pay over such amount to the Holders.
Appears in 8 contracts
Samples: Supplemental Indenture (Aegon Funding Corp Ii), Supplemental Indenture (Aegon Nv), Supplemental Indenture (Aegon Funding Corp Ii)
Subrogation. The Guarantor shall be subrogated to all (rights, if any) rights , of the Holders of Preferred Securities against the Issuer in respect of any amounts paid to such Holders by the Guarantor under this Preferred Securities Guarantee; provided, however, that the Guarantor shall not (except to the extent required by mandatory provisions of law) be entitled to enforce or exercise any right that it may acquire by way of subrogation or any indemnity, reimbursement or other agreement, in all cases as a result of payment under this Preferred Securities Guarantee, if, at the time of any such payment, any amounts are due and unpaid under this Preferred Securities Guarantee. If any amount shall be paid to the Guarantor in violation of the preceding sentence, the Guarantor agrees to hold such amount in trust for the Holders and to pay over such amount to the Holders.
Appears in 8 contracts
Samples: Preferred Securities Guarantee Agreement (MetLife Capital Trust V), Preferred Securities Guarantee Agreement (GBL Trust I), Preferred Securities Guarantee Agreement (Cccisg Capital Trust)
Subrogation. The Guarantor shall be subrogated to all (if any) rights of the Holders of Preferred Common Securities against the Issuer in respect of any amounts paid to such Holders by the Guarantor under this Preferred Common Securities Guarantee; providedPROVIDED, howeverHOWEVER, that the Guarantor shall not (except to the extent required by mandatory provisions of law) be entitled to enforce or exercise any right that rights which it may acquire by way of subrogation or any indemnity, reimbursement or other agreement, in all cases as a result of payment under this Preferred Common Securities Guarantee, if, at the time of any such payment, any amounts are due and unpaid under this Preferred Common Securities Guarantee. If any amount shall be paid to the Guarantor in violation of the preceding sentence, the Guarantor agrees to hold such amount in trust for the Holders and to pay over such amount to the Holders.
Appears in 7 contracts
Samples: Common Securities Guarantee Agreement (Fleetwood Enterprises Inc/De/), Common Securities Guarantee Agreement (Circus Finance Ii), Common Securities Guarantee Agreement (Xl Capital LTD)
Subrogation. The Guarantor shall be subrogated to all (if any) rights of the Holders of Preferred Common Securities against the Issuer in respect of any amounts paid to such Holders by the Guarantor under this Preferred Common Securities Guarantee; provided, however, that the Guarantor shall not (except to the extent required by mandatory provisions of law) be entitled to enforce or exercise any right that rights which it may acquire by way of subrogation or any indemnity, reimbursement or other agreement, in all cases as a result of payment under this Preferred Common Securities Guarantee, if, at the time of any such payment, any amounts are due and unpaid under this Preferred Common Securities Guarantee. If any amount shall be paid to the Guarantor in violation of the preceding sentence, the Guarantor agrees to hold such amount in trust for the Holders and to pay over such amount to the Holders.
Appears in 7 contracts
Samples: Common Securities Guarantee Agreement (Xl Capital LTD), Common Securities Guarantee Agreement (Coastal Corp), Common Securities Guarantee Agreement (Coastal Corp)
Subrogation. The Guarantor shall be subrogated to all (if any) rights of the Holders of Preferred Securities against the Issuer in respect of any amounts paid to such Holders by the Guarantor under this Trust Preferred Securities Guarantee; provided, however, that the Guarantor shall not (except to the extent required by mandatory provisions of law) be entitled to enforce or exercise any right that it may acquire by way of subrogation or any indemnity, reimbursement or other agreement, in all cases as a result of payment under this Trust Preferred Securities Guarantee, if, at the time of any such payment, any amounts are due and unpaid under this Trust Preferred Securities Guarantee. If any amount shall be paid to the Guarantor in violation of the preceding sentence, the Guarantor agrees to hold such amount in trust for the Holders and to pay over such amount to the Holders.
Appears in 7 contracts
Samples: Trust Preferred Securities Guarantee Agreement (Vineyard Statutory Trust X), Guarantee Agreement (R&g Financial Corp), Trust Preferred Securities Guarantee Agreement (Independent Capital Trust I)
Subrogation. The Guarantor shall be subrogated to all (all, if any) , rights of the Holders of Preferred Securities against the Issuer Trust in respect of any amounts paid to such Holders by the Guarantor under this Preferred Securities Guarantee; provided, however, that the Guarantor shall not (except to the extent required by mandatory provisions of law) be entitled to enforce or exercise any right that it may acquire by way of subrogation or any indemnity, reimbursement or other agreement, in all cases as a result of payment under this Preferred Securities Guarantee, if, at the time of any such payment, any amounts are due and unpaid under this Preferred Securities Guarantee. If any amount shall be paid to the Guarantor in violation of the preceding sentence, the Guarantor agrees to hold such amount in trust for the Holders and to pay over such amount to the Holders.
Appears in 7 contracts
Samples: Preferred Securities Guarantee Agreement (Warnaco Group Inc /De/), Preferred Securities Guarantee Agreement (Warnaco Group Inc /De/), Preferred Securities Guarantee Agreement (Designer Holdings LTD)
Subrogation. The Guarantor shall be subrogated to all (if any) rights of the Holders of Preferred Securities against the Issuer in respect of any amounts paid to such Holders by the Guarantor under this Preferred Securities GuaranteeGuarantee and shall have the right to waive payment by the Issuer pursuant to Section 5.01; provided, however, that the Guarantor shall not (except to the extent required by mandatory provisions of law) be entitled to enforce or exercise any right that it may acquire by way of subrogation or any indemnity, reimbursement or other agreement, in all cases as a result of payment under this Preferred Securities Guarantee, if, at the time of any such payment, any amounts are due and unpaid under this Preferred Securities Guarantee. If any amount shall be paid to the Guarantor in violation of the preceding sentence, the Guarantor agrees to hold such amount in trust for the Holders and to pay over such amount to the Holders.
Appears in 6 contracts
Samples: Preferred Securities Guarantee Agreement (Chemed Corp), Preferred Securities Guarantee Agreement (Chemed Capital Trust), Preferred Securities Guarantee Agreement (Carriage Services Inc)
Subrogation. The Guarantor shall be subrogated to all (if any) rights of the Holders of Preferred Capital Securities against the Issuer CFB Capital in respect of any amounts paid to such Holders by the Guarantor under this Preferred Capital Securities Guarantee; provided, however, that the Guarantor shall not (except to the extent required by mandatory provisions of law) be entitled to enforce or exercise any right that it may acquire by way of subrogation or any indemnity, reimbursement or other agreement, in all cases as a result of payment under this Preferred Capital Securities Guarantee, if, at the time of any such payment, any amounts are due and unpaid under this Preferred Capital Securities Guarantee. If any amount shall be paid to the Guarantor in violation of the preceding sentence, the Guarantor agrees to hold such amount in trust for the Holders and to pay over such amount to the Holders.
Appears in 6 contracts
Samples: Capital Securities Guarantee Agreement (Community First Bankshares Inc), Capital Securities Guarantee Agreement (Community First Bankshares Inc), Guarantee Agreement (Community First Bankshares Inc)
Subrogation. The Guarantor shall be subrogated to all rights (if any) rights of the Holders of Preferred Securities against the Issuer Trust in respect of any amounts paid to such the Holders by the Guarantor under this Preferred Securities GuaranteeGuarantee Agreement; provided, however, that the Guarantor shall not (except to the extent required by mandatory provisions of law) be entitled to enforce or exercise any right that rights which it may acquire by way of subrogation or any indemnity, reimbursement or other agreement, in all cases as a result of payment under this Preferred Securities Guarantee, ifGuarantee Agreement, at the time of any such payment, any amounts are due and unpaid under this Preferred Guarantee Agreement or any payments are due to the holders of Capital Securities Guaranteeunder the Trust Agreement. If any amount shall be paid to the Guarantor in violation of the preceding sentence, the Guarantor agrees to hold such amount in trust for the Holders and to pay over such amount to the Holders.
Appears in 6 contracts
Samples: Guarantee Agreement (Morgan Stanley Dean Witter & Co), Guarantee Agreement (Morgan Stanley Capital Trust VIII), Guarantee Agreement (Morgan Stanley Capital Trust VIII)
Subrogation. The Guarantor shall be subrogated to all (if any) rights of the Holders of Preferred the Common Securities against the Issuer in respect of any amounts paid to such Holders by the Guarantor under this Preferred Common Securities Guarantee; provided, however, that the Guarantor shall not (except to the extent required by mandatory provisions of law) be entitled to enforce or exercise any right that rights which it may acquire by way of subrogation or any indemnity, reimbursement or other agreement, in all cases as a result of payment under this Preferred Common Securities Guarantee, if, at the time of any such payment, any amounts are due and unpaid under this Preferred Common Securities Guarantee. If any amount shall be paid to the Guarantor in violation of the preceding sentence, the Guarantor agrees to hold such amount in trust for the Holders and to pay over such amount to the Holders.
Appears in 6 contracts
Samples: Common Securities Guarantee Agreement (Nn Inc), Common Securities Guarantee Agreement (Cascade Financial Corp), Common Securities Guarantee Agreement (Astoria Capital Trust I)
Subrogation. The Guarantor shall be subrogated to all (if any) rights of the Holders of Preferred Securities against the Issuer Trust in respect of any amounts paid to such the Holders by the Guarantor under this Preferred Securities GuaranteeGuarantee Agreement and shall have the right to waive payment by the Issuer Trust pursuant to Section 5.1; provided, however, that the Guarantor shall not (except to the extent required by mandatory provisions of law) be entitled to enforce or exercise any right that rights which it may acquire by way of subrogation or any indemnity, reimbursement or other agreement, in all cases as a result of payment under this Preferred Securities GuaranteeGuarantee Agreement, if, at the time of any such payment, any amounts are due and unpaid under this Preferred Securities GuaranteeGuarantee Agreement. If any amount shall be paid to the Guarantor in violation of the preceding sentence, the Guarantor agrees to hold such amount in trust for the Holders and to pay over such amount to the Holders.
Appears in 6 contracts
Samples: Guarantee Agreement (Schwab Charles Corp), Guarantee Agreement (Mellon Financial Corp), Guarantee Agreement (Schwab Capital Trust Ii)
Subrogation. The Guarantor shall be subrogated to all (if any) rights of the Holders of Preferred Securities against the Issuer in respect of any amounts paid to such the Holders by the Guarantor under this Preferred Securities GuaranteeGuarantee Agreement and shall have the right to waive payment by the Issuer pursuant to Section 5.1; provided, however, that the Guarantor shall not (except to the extent required by mandatory provisions of law) be entitled to enforce or exercise any right that rights which it may acquire by way of subrogation or any indemnity, reimbursement or other agreement, in all cases as a result of payment under this Preferred Securities GuaranteeGuarantee Agreement, if, at the time of any such payment, any amounts are due and unpaid under this Preferred Securities GuaranteeGuarantee Agreement. If any amount shall be paid to the Guarantor in violation of the preceding sentence, the Guarantor agrees to hold such amount in trust for the Holders and to pay over such amount to the Guarantor Trustee for the benefit of the Holders.
Appears in 5 contracts
Samples: Guarantee Agreement (HPT Capital Trust I), Guarantee Agreement (Senior Housing Properties Trust), Guarantee Agreement (Alcoa Trust I)
Subrogation. The Guarantor Each of the Guarantors shall be subrogated to all rights (if any) rights of the Holders of Preferred Securities against the Issuer Trust in respect of any amounts paid to such the Holders by the Guarantor such Guarantors under this Preferred Securities GuaranteeGuarantee Agreement; provided, however, that the Guarantor Guarantors shall not (except to the extent required by mandatory provisions of law) be entitled to enforce or exercise any right that it rights which they may acquire by way of subrogation or any indemnity, reimbursement or other agreement, in all cases as a result of payment under this Preferred Securities GuaranteeGuarantee Agreement, if, at the time of any such payment, any amounts are due and unpaid under this Preferred Securities GuaranteeGuarantee Agreement. If any amount shall be paid to either of the Guarantor Guarantors in violation of the preceding sentence, the Guarantor or the Additional Guarantor, as the case may be, agrees to hold such amount in trust for the Holders and to pay over such amount to the Holders.
Appears in 5 contracts
Samples: Guarantee Agreement (Popular Inc), Guarantee Agreement (Popular Inc), Agreement (Popular North America Capital Trust Iii)
Subrogation. The Guarantor shall be subrogated to all (if any) rights of the Holders of Preferred Common Securities against the Issuer in respect of any amounts paid to such Holders by the Guarantor under this Preferred Common Securities Guarantee; providedPROVIDED, howeverHOWEVER, that the Guarantor shall not (except to the extent required by mandatory provisions of law) be entitled to enforce or exercise any right that rights which it may acquire by way of subrogation or any indemnity, reimbursement or other agreement, in all cases as a result of payment under this Preferred Common Securities Guarantee, if, at the time of any such payment, any amounts are due and unpaid under this Preferred Common Securities Guarantee. If any amount shall be paid to the Guarantor in violation of the preceding sentence, the Guarantor agrees to hold such amount in trust for the Holders and to pay over such amount to of the Holders.
Appears in 5 contracts
Samples: Common Securities Guarantee Agreement (Allegheny Energy Inc), Common Securities Guarantee Agreement (Allegheny Energy Inc), Common Securities Guarantee Agreement (Allegheny Energy Inc)
Subrogation. The Guarantor shall be subrogated to all (if any) rights of the Holders of Preferred Series A Capital Securities against the Issuer in respect of any amounts paid to such Holders by the Guarantor under this Preferred Series A Capital Securities Guarantee; provided, however, that the Guarantor shall not (except to the extent required by mandatory provisions of law) be entitled to enforce or exercise any right that it may acquire by way of subrogation or any indemnity, reimbursement or other agreement, in all cases as a result of payment under this Preferred Series A Capital Securities Guarantee, if, at the time of any such payment, any amounts are due and unpaid under this Preferred Series A Capital Securities Guarantee. If any amount shall be paid to the Guarantor in violation of the preceding sentence, the Guarantor agrees to hold such amount in trust for the Holders and to pay over such amount to the Holders.
Appears in 5 contracts
Samples: Capital Securities Guarantee Agreement (Advanta Corp), Hamilton Capital Trust I, Cascade Financial Corp
Subrogation. The Guarantor shall be subrogated to all (if any) rights of the Holders of Preferred Securities against the Issuer Trust in respect of any amounts paid to such the Holders by the Guarantor under this Preferred Securities GuaranteeGuarantee Agreement and shall have the right to waive payment by the Trust pursuant to section 5.1; provided, however, that the Guarantor shall not (except to the extent required by mandatory provisions of law) be entitled to enforce or exercise any right that rights which it may acquire by way of subrogation or any indemnity, reimbursement or other agreement, in all cases as a result of payment under this Preferred Securities Guarantee, if, at the time of any such payment, any amounts are due and unpaid under this Preferred Securities Guarantee. If any amount shall be paid to the Guarantor in violation of the preceding sentence, the Guarantor agrees to hold such amount in trust for the Holders and to pay over such amount to the Holders.
Appears in 5 contracts
Samples: Guarantee Agreement (Us Home & Garden Trust I), Guarantee Agreement (Us Home & Garden Trust I), Guarantee Agreement (Easy Gardener Products LTD)
Subrogation. The Guarantor shall be subrogated to all (if any) rights of the Holders of Preferred Securities against the Issuer LLC in respect of any amounts paid to such the Holders by the Guarantor under this Preferred Securities GuaranteeGuarantee Agreement and shall have the right to waive payment by the LLC pursuant to Section 5.1; provided, however, that the Guarantor shall not (except to the extent required by mandatory provisions of law) be entitled to enforce or exercise any right that rights which it may acquire by way of subrogation or any indemnity, reimbursement or other agreement, in all cases as a result of payment under this Preferred Securities GuaranteeGuarantee Agreement, if, if at the time of any such payment, any amounts are due and unpaid under this Preferred Securities GuaranteeGuarantee Agreement. If any amount shall be paid to the Guarantor in violation of the preceding sentence, the Guarantor agrees to hold such amount in trust for the Holders of the Company Preferred Securities and to pay over such amount to the Holders.
Appears in 5 contracts
Samples: Guarantee Agreement (Teco Energy Inc), Guarantee Agreement (Teco Energy Inc), Administration Agreement (Teco Capital Trust Iii)
Subrogation. The Guarantor shall be subrogated to all (if any) rights of the Holders of Preferred Securities against the Issuer Trust in respect of any amounts paid to such the Holders by the Guarantor under this Preferred Securities GuaranteeGuarantee Agreement and shall have the right to waive payment by the Issuer Trust pursuant to Section 5.1; provided, however, that the Guarantor shall not (except to the extent required by mandatory provisions of law) be entitled to enforce or exercise any right rights that it may acquire by way of subrogation or any indemnity, reimbursement or other agreement, in all cases as a result of payment under this Preferred Securities GuaranteeGuarantee Agreement, if, at the time of any such payment, any amounts are due and unpaid under this Preferred Securities GuaranteeGuarantee Agreement. If any amount shall be paid to the Guarantor in violation of the preceding sentence, the Guarantor agrees to hold such amount in trust for the Holders and to pay over such amount to the Holders.
Appears in 5 contracts
Samples: Guarantee Agreement (National City Corp), Guarantee Agreement (Wells Fargo & Co/Mn), Guarantee Agreement (Wells Fargo Capital XVIII)
Subrogation. The Guarantor shall be subrogated to all (if any) rights of the Holders of Preferred Securities TECONS against the Issuer in respect of any amounts paid to such Holders by the Guarantor under this Preferred Securities Guarantee; provided, however, that the Guarantor shall not (except to the extent required by mandatory provisions of law) be entitled to enforce or exercise any right that it may acquire by way of subrogation or any indemnity, reimbursement or other agreement, in all cases as a result of payment under this Preferred Securities Guarantee, if, at the time of any such payment, any amounts are due and unpaid under this Preferred Securities Guarantee. If any amount shall be paid to the Guarantor in violation of the preceding sentence, the Guarantor agrees to hold such amount in trust for the Holders and to pay over such amount to the Holders.
Appears in 5 contracts
Samples: Preferred Securities Guarantee Agreement (Nuevo Energy Co), Preferred Securities Guarantee Agreement (CNF Transportation Inc), Preferred Securities Guarantee Agreement (Nuevo Energy Co)
Subrogation. The Guarantor shall be subrogated to all (if any) rights of the Holders of Preferred Securities against the Issuer in respect of any amounts paid to such Holders by the Guarantor under this Preferred Securities GuaranteeGuarantee Agreement; provided, -------- however, that the Guarantor shall not (except to the extent required by ------- mandatory provisions of law) be entitled to enforce or exercise any right that it may acquire by way of subrogation or any indemnity, indemnity reimbursement or other agreement, in all cases as a result of payment under this Preferred Securities GuaranteeGuarantee Agreement, if, at the time of any such payment, any amounts are due and unpaid under this Preferred Securities GuaranteeGuarantee Agreement. If any amount shall be paid to the Guarantor in violation of the preceding sentence, the Guarantor agrees to hold such amount in trust for the Holders and to pay over such amount to the Holders.
Appears in 5 contracts
Samples: Guarantee Agreement (Great Western Financial Trust I /De/), Guarantee Agreement (Great Western Financial Trust I /De/), Guarantee Agreement (Great Western Financial Trust Iii)
Subrogation. The Guarantor shall be subrogated to all (if any) rights of the Holders of Preferred Securities against the Issuer Trust in respect of any amounts paid to such the Holders by the Guarantor under this Preferred Securities GuaranteeTrust Guarantee and shall have the right to waive payment by the Trust pursuant to Section 5.01; provided, however, that the Guarantor shall not (except to the extent required by mandatory provisions of law) be entitled to enforce or exercise any right that rights which it may acquire by way of subrogation or any indemnity, reimbursement or other agreement, in all cases as a result of payment under this Preferred Securities Trust Guarantee, if, at the time of any such payment, any amounts are due and unpaid under this Preferred Securities Trust Guarantee. If any amount shall be paid to the Guarantor in violation of the preceding sentence, the Guarantor agrees to hold such amount in trust for the Holders and to pay over such amount to the Holders.
Appears in 5 contracts
Samples: Trust Guarantee Agreement (Hawaiian Electric Co Inc), Trust Guarantee Agreement (Maui Electric Co LTD), Trust Guarantee Agreement (Hawaiian Electric Co Inc)
Subrogation. The Guarantor shall be subrogated to all (rights, if any) rights , of the Holders of Preferred Securities the Subordinated Notes against the Issuer in respect of any amounts paid to such Holders by the Guarantor under this Preferred Securities GuaranteeGuarantee Agreement; provided, however, that the Guarantor shall not (except to the extent required by mandatory provisions of applicable law) be entitled to enforce or exercise any right that it may acquire by way of subrogation or any indemnity, reimbursement or other agreement, in all cases as a result of payment under this Preferred Securities GuaranteeGuarantee Agreement, if, at the time of any such payment, any amounts are due and unpaid under this Preferred Securities GuaranteeGuarantee Agreement. If any amount shall be paid to the Guarantor in violation of the preceding sentence, the Guarantor agrees to hold such amount in trust for the Holders of the Subordinated Notes and to pay over such amount to the such Holders.
Appears in 4 contracts
Samples: Securities Guarantee Agreement (RenaissanceRe Finance Inc.), Securities Guarantee Agreement (RenaissanceRe Finance Inc.), Securities Guarantee Agreement (RenaissanceRe Finance Inc.)
Subrogation. The Guarantor shall be subrogated to all (if any) rights of the Holders of Preferred Securities against the Issuer in respect of any amounts paid to such the Holders by the Guarantor under this Preferred Securities GuaranteeGuarantee Agreement and shall have the right to waive payment by the Issuer pursuant to Section 501; providedPROVIDED, howeverHOWEVER, that the Guarantor shall not (except to the extent required by mandatory provisions of law) be entitled to enforce or exercise any right that rights which it may acquire by way of subrogation or any indemnity, reimbursement or other agreement, in all cases as a result of payment under this Preferred Securities GuaranteeGuarantee Agreement, if, at the time of any such payment, any amounts are due and unpaid under this Preferred Securities GuaranteeGuarantee Agreement. If any amount shall be paid to the Guarantor in violation of the preceding sentence, the Guarantor agrees to hold such amount in trust for the Holders and to pay over such amount to the Holders.
Appears in 4 contracts
Samples: Guarantee Agreement (West Texas Utilities Co), Guarantee Agreement (Public Service Co of Oklahoma), Guarantee Agreement (Central Power & Light Co /Tx/)
Subrogation. The Guarantor shall be subrogated to all (if any) rights of the Holders of Preferred Securities against the Issuer in respect of any amounts paid to such Holders by the Guarantor under this Preferred Trust Securities Guarantee; providedPROVIDED, howeverHOWEVER, that the Guarantor shall not (except to the extent required by mandatory provisions of law) be entitled to enforce or exercise any right that it may acquire by way of subrogation or any indemnity, reimbursement or other agreement, in all cases as a result of payment under this Preferred Trust Securities Guarantee, if, at the time of any such payment, any amounts are due and unpaid under this Preferred Trust Securities Guarantee. If any amount shall be paid to the Guarantor in violation of the preceding sentence, the Guarantor agrees to hold such amount in trust for the Holders and to pay over such amount to the Holders.
Appears in 4 contracts
Samples: Guarantee Agreement (Affiliated Managers Group Inc), Guarantee Agreement (Affiliated Managers Group Inc), Guarantee Agreement (Boston Private Financial Holdings Inc)
Subrogation. The Guarantor shall be subrogated to all (if any) rights of the Holders of Preferred Securities against the Issuer in respect of any amounts paid to such the Holders by the Guarantor under this Preferred Securities GuaranteeGuarantee Agreement and shall have the right to waive payment by the Issuer pursuant to Section 5.01; provided, however, that the Guarantor shall not (except to the extent required by mandatory provisions of law) be entitled to enforce or exercise any right rights that it may acquire by way of subrogation or any indemnity, reimbursement or other agreement, in all cases as a result of payment under this Preferred Securities GuaranteeGuarantee Agreement, if, if at the time of any such payment, any amounts are due and unpaid under this Preferred Securities GuaranteeGuarantee Agreement. If any amount shall be paid to the Guarantor in violation of the preceding sentence, the Guarantor agrees to hold such amount in trust for the Holders and to pay over such amount to the Holders.
Appears in 4 contracts
Samples: Guarantee Agreement (Southern Financial Capital Trust I), Guarantee Agreement (Resource Capital Trust I), Guarantee Agreement (Highlands Capital Trust I)
Subrogation. The Guarantor shall be subrogated to all (if any) rights of the Holders of Preferred Securities against the Issuer Trust in respect of any amounts paid to such the Holders by the Guarantor under this Preferred Securities GuaranteeGuarantee Agreement and shall have the right to waive payment by the Trust pursuant to Section 5.1; providedPROVIDED, howeverHOWEVER, that the Guarantor shall not (except to the extent required by mandatory provisions of law) be entitled to enforce or exercise any right that rights which it may acquire by way of subrogation or any indemnity, reimbursement or other agreement, in all cases as a result of payment under this Preferred Securities Guarantee, if, at the time of any such payment, any amounts are due and unpaid under this Preferred Securities Guarantee. If any amount shall be paid to the Guarantor in violation of the preceding sentence, the Guarantor agrees to hold such amount in trust for the Holders and to pay over such amount to the Holders.
Appears in 4 contracts
Samples: Guarantee Agreement (Pacific Crest Capital Inc), Guarantee Agreement (PCC Capital I), Guarantee Agreement (Silicon Valley Bancshares)
Subrogation. The Guarantor shall be subrogated to all (rights, if any) rights , of the Holders of Preferred Securities the Junior Subordinated Notes against the Issuer in respect of any amounts paid to such Holders by the Guarantor under this Preferred Securities GuaranteeGuarantee Agreement; provided, however, that the Guarantor shall not (except to the extent required by mandatory provisions of applicable law) be entitled to enforce or exercise any right that it may acquire by way of subrogation or any indemnity, reimbursement or other agreement, in all cases as a result of payment under this Preferred Securities GuaranteeGuarantee Agreement, if, at the time of any such payment, any amounts are due and unpaid under this Preferred Securities GuaranteeGuarantee Agreement. If any amount shall be paid to the Guarantor in violation of the preceding sentence, the Guarantor agrees to hold such amount in trust for the Holders of the Junior Subordinated Notes and to pay over such amount to the such Holders.
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.)
Subrogation. The Guarantor shall be subrogated to all (if any) rights of the Holders of Preferred Trust Common Securities against the Issuer Trust in respect of any amounts paid to such Holders by the Guarantor under this Preferred Trust Common Securities Guarantee; provided, however, that the Guarantor shall not (except to the extent required by mandatory provisions of law) be entitled to enforce or exercise any right that it may acquire by way of subrogation or any indemnity, reimbursement or other agreement, in all cases as a result of payment under this Preferred Trust Common Securities Guarantee, if, at the time of any such payment, any amounts are due and unpaid under this Preferred Trust Common Securities Guarantee. If any amount shall be paid to the Guarantor in violation of the preceding sentence, the Guarantor agrees to hold such amount in trust for the Holders and to pay over such amount to the Holders.
Appears in 4 contracts
Samples: www.sec.gov, Trust Common Securities Guarantee Agreement (American Equity Investment Life Holding Co), Trust Common Securities Guarantee Agreement (American Equity Investment Life Holding Co)
Subrogation. The Additional Guarantor shall be subrogated to all rights (if any) rights of the Holders of Preferred Securities against the Issuer Trust and the Original Guarantor in respect of any amounts paid to such Holders by the Additional Guarantor under this Preferred Securities GuaranteeAgreement; provided, however, that the Additional Guarantor shall not (except to the extent required by mandatory provisions of law) be entitled to enforce or exercise any right that it may acquire by way of subrogation or any indemnity, reimbursement or other agreement, in all cases as a result of payment under this Preferred Securities GuaranteeAgreement, if, at the time of any such payment, any amounts are due and unpaid under this Preferred Securities GuaranteeAgreement. If any amount shall be paid to the Additional Guarantor in violation of the preceding sentence, the Additional Guarantor agrees to hold such amount in trust for the Holders and to pay over such amount to the Holders.
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)
Subrogation. The Guarantor shall be subrogated to all (if any) rights of the Holders of Preferred Securities against the Issuer in respect of any amounts paid to such Holders by the Guarantor under this Preferred Securities GuaranteeGuarantee Agreement; providedPROVIDED, howeverHOWEVER, that the Guarantor shall not (except to the extent required by mandatory provisions of law) be entitled to enforce or exercise any right that rights which it may acquire by way of subrogation or any indemnity, reimbursement or other agreement, in all cases as a result of payment under this Preferred Securities GuaranteeGuarantee Agreement, if, at the time of any such payment, any amounts are due and unpaid under this Preferred Securities GuaranteeGuarantee Agreement. If any amount shall be paid to the Guarantor in violation of the preceding sentence, the Guarantor agrees to hold such amount in trust for the Holders and to pay over such amount to the Holders.
Appears in 3 contracts
Samples: Securities Guarantee Agreement (Mediaone Finance Trust Vi), Preferred Securities Guarantee Agreement (Mediaone Finance Trust Ii), Preferred Securities Guarantee Agreement (Mediaone Finance Trust Ii)
Subrogation. The Guarantor shall be subrogated to all (all, if any) , rights of the Holders of Preferred Securities against the Issuer in respect of any amounts paid to such the Holders by the Guarantor under this Preferred Trust Securities Guarantee; provided, however, that the Guarantor shall not (except to the extent required by mandatory provisions of law) be entitled to enforce or exercise any right that rights which it may acquire by way of subrogation or any indemnity, reimbursement or other agreement, in all cases as a result of payment under this Preferred Trust Securities Guarantee, if, at the time of any such payment, any amounts of Guarantee Payments are due and unpaid under this Preferred Trust Securities Guarantee. If any amount shall be paid to the Guarantor in violation of the preceding sentence, the Guarantor agrees to hold such amount in trust for the Holders and to pay over such amount to the Holders.
Appears in 3 contracts
Samples: Preferred Trust Securities Guarantee Agreement (Txu Europe Funding I L P), Preferred Trust Securities Guarantee Agreement (Texas Utilities Co /Tx/), Preferred Trust Securities Guarantee Agreement (Txu Europe Funding I L P)
Subrogation. The Guarantor shall be subrogated to all (if any) rights of the Holders of Preferred Securities against the Issuer in respect of any amounts paid to such Holders by the Guarantor under this Preferred Securities Guarantee; providedPROVIDED, howeverHOWEVER, that the Guarantor shall not (except to the extent required by mandatory provisions of law) be entitled to enforce or exercise any right that it may acquire by way of subrogation or any indemnity, reimbursement or other agreement, in all cases as a result of payment under this Preferred Securities Guarantee, if, at the time of any such payment, any amounts are due and unpaid under this Preferred Securities Guarantee. If any amount shall be paid to the Guarantor in violation of the preceding sentence, the Guarantor agrees to hold such amount in trust for the Holders and to pay over such amount to the Holders.
Appears in 3 contracts
Samples: Preferred Securities Guarantee Agreement (Allegheny Energy Inc), Preferred Securities Guarantee Agreement (Allegheny Energy Inc), Preferred Securities Guarantee Agreement (Allegheny Energy Inc)
Subrogation. The Guarantor shall be subrogated to all rights (if any) rights of the Holders of Preferred Securities against the Issuer in respect of any amounts paid to such the Holders by the Guarantor under this Preferred Securities GuaranteeGuarantee Agreement and shall have the right to waive payment by the Issuer pursuant to Section 5.1; provided, however, that the Guarantor shall not (except to the extent required by mandatory provisions of law) be entitled to enforce or exercise any right that rights which it may acquire by way of subrogation or any indemnity, reimbursement or other agreement, in all cases as a result of payment under this Preferred Securities GuaranteeGuarantee Agreement, if, at the time of any such payment, any amounts are due and unpaid under this Preferred Securities GuaranteeGuarantee Agreement. If any amount shall be paid to the Guarantor in violation of the preceding sentence, the Guarantor agrees to hold such amount in trust for the Holders and to pay over such amount to the Holders.
Appears in 3 contracts
Samples: Guarantee Agreement (First Niagara Financial Group Inc), Guarantee Agreement (Regions Financing Trust Iii), Guarantee Agreement (Regions Financing Trust Iii)
Subrogation. The Guarantor shall be subrogated to all (if any) rights of the Holders of Preferred Securities against the Issuer in respect of any amounts paid to such the Holders by the Guarantor under this Preferred Securities GuaranteeGuarantee Agreement and shall have the right to waive payment by the Issuer pursuant to Section 5.1; provided, however, that the Guarantor shall not (except to the extent required by mandatory provisions of law) be entitled to enforce or exercise any right that rights which it may acquire by way of subrogation or any indemnity, reimbursement or other agreement, in all cases as a result of payment under this Preferred Securities Guarantee, Guarantee Agreement if, at the time of any such payment, payment any amounts are due and unpaid under this Preferred Securities GuaranteeGuarantee Agreement. If any amount shall be paid to the Guarantor in violation of the preceding sentence, the Guarantor agrees to hold such amount in trust for the Holders and to pay over such amount to the Holders.
Appears in 3 contracts
Samples: Guarantee Agreement (Republic New York Capital Ii), Guarantee Agreement (Republic New York Capital Iv), Guarantee Agreement (Republic New York Capital I)
Subrogation. The Guarantor shall be subrogated to all (if any) rights of the Holders of Preferred Securities against the Issuer in respect of any amounts paid to such the Holders by the Guarantor under this Preferred Securities GuaranteeGuarantee Agreement and shall have the right to waive payment by the Issuer pursuant to Section 5.1; provided, howeverthat, that the Guarantor shall not (except to the extent required by mandatory provisions of law) be entitled to enforce or exercise any right that rights it may acquire by way of subrogation or any indemnity, reimbursement or other agreement, in all cases as a result of payment under this Preferred Securities GuaranteeGuarantee Agreement, if, at the time of any such payment, any amounts are due and unpaid under this Preferred Securities GuaranteeGuarantee Agreement. If any amount shall be paid to the Guarantor in violation of the preceding sentence, the Guarantor agrees to hold such amount in trust for the Holders and to pay over such amount to the Holders.. SECTION 5.7
Appears in 3 contracts
Samples: Guarantee Agreement (Simmons First National Corp), Guarantee Agreement (Simmons First National Corp), Guarantee Agreement (Simmons First National Corp)
Subrogation. The Guarantor shall be subrogated to all (if any) rights of the Holders of Preferred Securities against the Issuer in respect of any amounts paid to such the Holders by the Guarantor under this Preferred Securities GuaranteeGuarantee Agreement and shall have the right to waive payment by the Issuer pursuant to Section 5.01; provided, however, that the Guarantor shall not (except to the extent required by mandatory provisions of law) be entitled to enforce or exercise any right that rights which it may acquire by way of subrogation or any indemnity, reimbursement or other agreement, in all cases as a result of payment under this Preferred Securities GuaranteeGuarantee Agreement, if, if at the time of any such payment, any amounts are due and unpaid under this Preferred Securities GuaranteeGuarantee Agreement. If any amount shall be paid to the Guarantor in violation of the preceding sentence, the Guarantor agrees to hold such amount in trust for the Holders and to pay over such amount to the Holders.
Appears in 3 contracts
Samples: Guarantee Agreement (Bancorpsouth Inc), North Fork Bancorporation Inc, North Fork Bancorporation Inc
Subrogation. The Guarantor shall be subrogated to all (all, if any) , rights of the Holders of Preferred Securities against the Issuer in respect of any amounts paid to such the Holders by the Guarantor under this Preferred Partnership Securities Guarantee; provided, however, that the Guarantor shall not (except to the extent required by mandatory provisions of law) be entitled to enforce or exercise any right that rights which it may acquire by way of subrogation or any indemnity, reimbursement or other agreement, in all cases as a result of payment under this Preferred Partnership Securities Guarantee, if, at the time of any such payment, any amounts of Guarantee Payments are due and unpaid under this Preferred Partnership Securities Guarantee. If any amount shall be paid to the Guarantor in violation of the preceding sentence, the Guarantor agrees to hold such amount in trust for the Holders and to pay over such amount to the Holders.
Appears in 3 contracts
Samples: Preferred Partnership Securities Guarantee Agreement (Txu Europe Funding I L P), Preferred Partnership Securities Guarantee Agreement (Txu Europe Funding I L P), Securities Guarantee Agreement (Texas Utilities Co /Tx/)
Subrogation. The Guarantor shall be subrogated to all (if any) rights of the Holders of Preferred Common Securities against the Issuer in respect of any amounts paid to such Holders by the Guarantor under this Preferred Common Securities Guarantee; provided, however, that the Guarantor shall not (except to the extent required by mandatory provisions of law) be entitled to enforce or exercise any right that rights which it may acquire by way of subrogation or any indemnity, reimbursement or other agreement, in all cases as a result of payment under this Preferred Common Securities Guarantee, if, at the time of any such payment, any amounts are due and unpaid under this Preferred Common Securities Guarantee. If any amount shall be paid to the Guarantor in violation of the preceding sentence, the Guarantor agrees to hold such amount in trust for the Holders and to pay over such amount to of the Holders.
Appears in 3 contracts
Samples: Common Securities Guarantee Agreement (Travelers Capital Trust V), Common Securities Guarantee Agreement (St. Paul Travelers Capital Trust IV), Common Securities Guarantee Agreement (St Paul Capital Trust Ii)
Subrogation. The Guarantor shall be subrogated to all (rights, if any) rights , of the Holders of Preferred Securities the Notes against the Issuer Company in respect of any amounts paid to such Holders by the Guarantor under this Preferred Securities GuaranteeSupplemental Indenture; providedPROVIDED, howeverHOWEVER, that the Guarantor shall not (except to the extent required by mandatory provisions of law) be entitled to enforce or exercise any right that it may acquire by way of subrogation or any indemnity, reimbursement or other agreement, in all cases as a result of payment under this Preferred Securities GuaranteeSupplemental Indenture, if, at the time of any such payment, any amounts are due and unpaid outstanding under this Preferred Securities GuaranteeSupplemental Indenture. If any amount shall be paid to the Guarantor in violation of the preceding sentence, the Guarantor agrees to hold such amount in trust for the benefit of the Holders and to pay over such amount to the Holders.
Appears in 3 contracts
Samples: Supplemental Indenture (Transamerica Finance Corp), Indenture (Transamerica Finance Corp), Supplemental Indenture (Transamerica Finance Corp)
Subrogation. The Guarantor shall be subrogated to all (if any) ----------- rights of the Holders of the Preferred Securities against the Issuer Trust in respect of any amounts paid to such Holders by the Guarantor under this Preferred Securities Guarantee; provided, however, that the Guarantor shall not (except to the extent required by mandatory provisions of law) be entitled to enforce or exercise any right that it may acquire by way of subrogation or any indemnity, reimbursement or other agreement, in all cases as a result of payment under this Preferred Securities Guarantee, if, at the time of any such payment, any amounts are due and unpaid under this Preferred Securities Guarantee. If any amount shall be paid to the Guarantor in violation of the preceding sentence, the Guarantor agrees to hold such amount in trust for the Holders and to pay over such amount to the Holders.
Appears in 3 contracts
Samples: Securities Guarantee Agreement (Abc Bancorp Capital Trust I), Preferred Securities Guarantee Agreement (Ctbi Preferred Capital Trust Ii), Securities Guarantee Agreement (Abc Bancorp Capital Trust I)
Subrogation. The Guarantor shall be subrogated to all (if any) rights of the Holders of Preferred Capital Securities against the Issuer Air T Funding in respect of any amounts paid to such Holders by the Guarantor under this Preferred Capital Securities Guarantee; provided, however, that the Guarantor shall not (except to the extent required by mandatory provisions of law) be entitled to enforce or exercise any right that it may acquire by way of subrogation or any indemnity, reimbursement or other agreement, in all cases as a result of payment under this Preferred Capital Securities Guarantee, if, at the time of any such payment, any amounts are due and unpaid under this Preferred Capital Securities Guarantee. If any amount shall be paid to the Guarantor in violation of the preceding sentence, the Guarantor agrees to hold such amount in trust for the Holders and to pay over such amount to the Holders.
Appears in 3 contracts
Samples: Capital Securities Guarantee Agreement (Air T Inc), Capital Securities Guarantee Agreement (Air T Funding), Capital Securities Guarantee Agreement (Air T Inc)
Subrogation. The Guarantor shall be subrogated to all (if any) rights of the Holders of Preferred Capital Securities against the Issuer in respect of any amounts paid to such Holders by the Guarantor under this Preferred Capital Securities Guarantee; provided, -------- however, that the Guarantor shall not (except to the extent required by ------- mandatory provisions of law) be entitled to enforce or exercise any right that it may acquire by way of subrogation or any indemnity, reimbursement or other agreement, in all cases as a result of payment under this Preferred Capital Securities Guarantee, if, at the time of any such payment, any amounts are due and unpaid under this Preferred Capital Securities Guarantee. If any amount shall be paid to the Guarantor in violation of the preceding sentence, the Guarantor agrees to hold such amount in trust for the Holders and to pay over such amount to the Holders.
Appears in 3 contracts
Samples: GBB Capital V, Westbank Capital Trust I, NHTB Capital Trust I
Subrogation. The Guarantor shall be subrogated to all (if any) rights of the Holders of Preferred the Common Securities against the Issuer in respect of any amounts paid to such Holders by the Guarantor under this Preferred Common Securities Guarantee; providedPROVIDED, howeverHOWEVER, that the Guarantor shall not (except to the extent required by mandatory provisions of law) be entitled to enforce or exercise any right that rights which it may acquire by way of subrogation or any indemnity, reimbursement or other agreement, in all cases as a result of payment under this Preferred Common Securities Guarantee, if, at the time of any such payment, any amounts are due and unpaid under this Preferred Common Securities Guarantee. If any amount shall be paid to the Guarantor in violation of the preceding sentence, the Guarantor agrees to hold such amount in trust for the Holders and to pay over such amount to the Holders.
Appears in 3 contracts
Samples: Common Securities Guarantee Agreement (BFD Preferred Capital Trust Ii), Common Securities Guarantee Agreement (Bfoh Capital Trust I), Common Securities Guarantee Agreement (Sky Financial Capital Trust I)
Subrogation. The Guarantor shall be subrogated to all (if any) rights of the Holders of Preferred Securities against the Issuer Trust and the Bank in respect of any amounts paid to such Holders by the Guarantor under this Preferred Securities Guarantee; provided, however, that the Guarantor shall not (except to the extent required by mandatory provisions of law) be entitled to enforce or exercise any right that it may acquire by way of subrogation or any indemnity, reimbursement or other agreement, in all cases as a result of payment under this Preferred Securities Guarantee, if, at the time of any such payment, any amounts are due and unpaid under this Preferred Securities Guarantee. If any amount shall be paid to the Guarantor in violation of the preceding sentence, the Guarantor agrees to hold such amount in trust for the Holders and to pay over such amount to the Holders.
Appears in 3 contracts
Samples: Preferred Securities Guarantee Agreement (RBC Centura Banks Inc), Preferred Securities Guarantee Agreement (RBC Centura Banks Inc), Preferred Securities Guarantee Agreement (RBC Centura Banks Inc)
Subrogation. The Guarantor shall be subrogated to all (if any) rights of the Holders of Preferred Securities against the Issuer in respect of any amounts paid to such Holders by the Guarantor under this Preferred Securities Guarantee; provided, however, that the Guarantor shall not (except to the extent required by mandatory provisions of law) be entitled to enforce or exercise any right that it may acquire by way of subrogation or any indemnity, reimbursement or other agreement, in all cases as a result of payment under this Preferred Securities Guarantee, if, at the time of any such payment, any amounts are due and unpaid under this Preferred Securities Guarantee. If any amount shall be paid to the Guarantor in violation of the preceding sentence, the Guarantor agrees to hold such amount in trust for the Holders and to pay over such amount to the Holders.
Appears in 3 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)
Subrogation. The Guarantor shall be subrogated to all (if any) rights of the Holders of Preferred Securities against the Issuer Trust in respect of any amounts paid to such the Holders by the Guarantor under this Preferred Capital Securities GuaranteeGuarantee and shall have the right to waive payment by the Trust pursuant to Section 5.1; provided, however, that the Guarantor shall not (except to the extent required by mandatory provisions of law) be entitled to enforce or exercise any right that rights which it may acquire by way of subrogation or any indemnity, reimbursement or other agreement, in all cases as a result of payment under this Preferred Capital Securities Guarantee, if, at the time of any such payment, any amounts are due and unpaid under this Preferred Capital Securities Guarantee. If any amount shall be paid to the Guarantor in violation of the preceding sentence, the Guarantor agrees to hold such amount in trust for the Holders and to pay over such amount to the Holders.
Appears in 3 contracts
Samples: Securities Guarantee Agreement (Downey Financial Capital Trust Iii), Downey Financial Corp, Downey Financial Capital Trust Iii
Subrogation. The Guarantor shall be subrogated to all (if any) rights of the Holders of Preferred Securities against the Issuer in respect of any amounts paid to such Holders by the Guarantor under this Preferred Common Securities Guarantee; provided, however, that the -------- ------- Guarantor shall not (except to the extent required by mandatory provisions of law) be entitled to enforce or exercise any right that rights which it may acquire by way of subrogation or any indemnity, reimbursement or other agreement, in all cases as a result of payment under this Preferred Common Securities Guarantee, if, at the time of any such payment, any amounts are due and unpaid under this Preferred Common Securities Guarantee. If any amount shall be paid to the Guarantor in violation of the preceding sentence, the Guarantor agrees to hold such amount in trust for the Holders and to pay over such amount to the Holders.
Appears in 2 contracts
Samples: Common Securities Guarantee Agreement (Allmerica Financial Corp), Common Securities Guarantee Agreement (Investors Financial Services Corp)
Subrogation. The Additional Guarantor shall be subrogated to all (if any) rights of the Holders of Preferred Securities against the Issuer Trust and the Original Guarantor in respect of any amounts paid to such the Holders by the Additional Guarantor under this Preferred Securities GuaranteeAgreement; provided, however, that the Additional Guarantor shall not (except to the extent required by mandatory provisions of law) be entitled to enforce or exercise any right rights that it may acquire by way of subrogation or any indemnity, reimbursement or other agreement, in all cases as a result of payment under this Preferred Securities GuaranteeAgreement, if, at the time of any such payment, any amounts are due and unpaid under this Preferred Securities GuaranteeAgreement. If any amount shall be paid to the Additional Guarantor in violation of the preceding sentence, the Additional Guarantor agrees to hold such amount in trust for the Holders and to pay over such amount to the Holders. SECTION 8.
Appears in 2 contracts
Samples: Guarantee Agreement (Time Warner Companies Inc), Guarantee Agreement (Time Warner Companies Inc)
Subrogation. The Guarantor shall be subrogated to all (if any) rights of the Holders of Preferred Securities against the Issuer in respect of any amounts paid to such the Holders by the Guarantor under this Preferred Securities GuaranteeGuarantee Agreement and shall have the right to waive payment by the Issuer pursuant to SECTION 5.1; providedPROVIDED, howeverthat, that the Guarantor shall not (except to the extent required by mandatory provisions of law) be entitled to enforce or exercise any right that rights it may acquire by way of subrogation or any indemnity, reimbursement or other agreement, in all cases as a result of payment under this Preferred Securities GuaranteeGuarantee Agreement, if, at the time of any such payment, any amounts are due and unpaid under this Preferred Securities GuaranteeGuarantee Agreement. If any amount shall be paid to the Guarantor in violation of the preceding sentence, the Guarantor agrees to hold such amount in trust for the Holders and to pay over such amount to the Holders.
Appears in 2 contracts
Subrogation. The Guarantor shall be subrogated to all (all, if any) , rights of the Holders of Preferred Securities against the Issuer Trust in respect of any amounts paid to such Holders by the Guarantor under this Convertible Preferred Securities Guarantee; providedPROVIDED, howeverHOWEVER, that the Guarantor shall not (except to the extent required by mandatory provisions of law) be entitled to enforce or exercise any right that it may acquire by way of subrogation or any indemnity, reimbursement or other agreement, in all cases as a result of payment under this Convertible Preferred Securities Guarantee, if, at the time of any such payment, any amounts are due and unpaid under this Convertible Preferred Securities Guarantee. If any amount shall be paid to the Guarantor in violation of the preceding sentence, the Guarantor agrees to hold such amount in trust for the Holders and to pay over such amount to the Holders.
Appears in 2 contracts
Samples: Securities Guarantee Agreement (Sun Healthcare Group Inc), Securities Guarantee Agreement (Sun Healthcare Group Inc)
Subrogation. The Guarantor shall be subrogated to all (if any) rights of the Holders of Partnership Preferred Securities against the Issuer Citizens Capital in respect of any amounts paid to such Holders by the Guarantor under this Preferred Securities GuaranteeGuarantee Agreement; provided, however, that the Guarantor shall not (except to the extent required by mandatory provisions of law) be entitled to enforce or exercise any right that it may acquire by way of subrogation or any indemnity, reimbursement or other agreement, in all cases as a result of payment under this Preferred Securities GuaranteeGuarantee Agreement, if, at the time of any such payment, any amounts are due and unpaid under this Preferred Securities GuaranteeGuarantee Agreement. If any amount shall be paid to the Guarantor in violation of the preceding sentence, the Guarantor agrees to hold such amount in trust for the Holders and to pay over such amount to the Holders.
Appears in 2 contracts
Samples: Partnership Preferred Securities Guarantee Agreement (Citizens Utilities Capital L P), Partnership Preferred Securities Guarantee Agreement (Citizens Utilities Capital L P)
Subrogation. The Guarantor shall be subrogated to all (if any) rights of the Holders of Preferred Securities against the Issuer in respect of any amounts paid to such the Holders by the Guarantor under this Preferred Securities GuaranteeGuarantee Agreement and shall have the right to waive payment by the Issuer pursuant to Section 5.01; providedPROVIDED, howeverHOWEVER, that the Guarantor shall not (except to the extent required by mandatory provisions of law) be entitled to enforce or exercise any right that rights which it may acquire by way of subrogation or any indemnity, reimbursement or other agreement, in all cases as a result of payment under this Preferred Securities GuaranteeGuarantee Agreement, if, at the time of any such payment, any amounts are due and unpaid under this Preferred Securities GuaranteeGuarantee Agreement. If any amount shall be paid to the Guarantor in violation of the preceding sentence, the Guarantor agrees to hold such amount in trust for the Holders and to pay over such amount to the Holders.
Appears in 2 contracts
Samples: Guarantee Agreement (Amerus Capital I), Guarantee Agreement (Amerus Life Holdings Inc)
Subrogation. The Guarantor shall be subrogated to all (if any) rights of the Holders of Preferred Securities against the Issuer in respect of any amounts paid to such the Holders by the Guarantor under this Preferred Securities GuaranteeGuarantee Agreement and shall have the right to waive payment by the Issuer pursuant to Section 501; provided, howeverHOWEVER, that the Guarantor shall not (except to the extent required by mandatory provisions of law) be entitled to enforce or exercise any right that rights which it may acquire by way of subrogation or any indemnity, reimbursement or other agreement, in all cases as a result of payment under this Preferred Securities GuaranteeGuarantee Agreement, if, at the time of any such payment, any amounts are due and unpaid under this Preferred Securities GuaranteeGuarantee Agreement. If any amount shall be paid to the Guarantor in violation of the preceding sentence, the Guarantor agrees to hold such amount in trust for the Holders and to pay over such amount to the Holders.
Appears in 2 contracts
Samples: Guarantee Agreement (Nevada Power Co), Guarantee Agreement (Nevada Power Co)
Subrogation. The Guarantor shall be subrogated to all (if any) rights of the Holders of Preferred Securities against the Issuer Trust in respect of any amounts paid to such the Holders by the Guarantor under this Preferred Securities GuaranteeGuarantee Agreement and shall have the right to waive payment by the Trust pursuant to Section 5.1; provided, however, that the Guarantor shall not (except to the extent required by mandatory provisions of law) be entitled to enforce or exercise any right that rights which it may acquire by way of subrogation or any indemnity, reimbursement or other agreement, in all cases as a result of payment under this Preferred Securities GuaranteeGuarantee Agreement, if, if at the time of any such payment, any amounts are due and unpaid under this Preferred Securities GuaranteeGuarantee Agreement. If any amount shall be paid to the Guarantor in violation of the preceding sentence, the Guarantor agrees to hold such amount in trust for the Holders and to pay over such amount to the Holders.
Appears in 2 contracts
Samples: Guarantee Agreement (Fresenius Medical Care Corp), Guarantee Agreement (Fresenius Medical Care Corp)
Subrogation. The Guarantor shall be subrogated to all rights (if any) rights of the Holders of Preferred Securities against the Issuer Trust in respect of any amounts paid to such the Holders by the Guarantor under this Preferred Securities GuaranteeGuarantee Agreement; provided, however, that the Guarantor shall not (except to the extent required by mandatory provisions of law) be entitled to enforce or exercise any right that rights which it may acquire by way of subrogation or any indemnity, reimbursement or other agreement, in all cases as a result of payment under this Preferred Securities Guarantee, ifGuarantee Agreement, at the time of any such payment, any amounts are due and unpaid under this Guarantee Agreement or any payments are due to the holders of Trust Preferred Securities Guaranteeunder the Trust Agreement. If any amount shall be paid to the Guarantor in violation of the preceding sentence, the Guarantor agrees to hold such amount in trust for the Holders and to pay over such amount to the Holders.
Appears in 2 contracts
Samples: Guarantee Agreement (GW Capital Trust II), Guarantee Agreement (GW Capital Trust II)
Subrogation. The Guarantor shall be subrogated to all (if any) rights of the Holders of Preferred Securities against the Issuer in respect of any amounts paid to such the Holders by the Guarantor under this Preferred Securities GuaranteeGuarantee Agreement and shall have the right to waive payment by the Issuer pursuant to Section 501; provided, however, that the Guarantor shall not (except to the extent required by mandatory provisions of law) be entitled to enforce or exercise any right that rights which it may acquire by way of subrogation or any indemnity, reimbursement or other agreement, in all cases as a result of payment under this Preferred Securities GuaranteeGuarantee Agreement, if, at the time of any such payment, any amounts are due and unpaid under this Preferred Securities GuaranteeGuarantee Agreement. If any amount shall be paid to the Guarantor in violation of the preceding sentence, the Guarantor agrees to hold such amount in trust for the Holders and to pay over such amount to the Holders.
Appears in 2 contracts
Samples: Guarantee Agreement (Central Power & Light Co /Tx/), Guarantee Agreement (Southwestern Electric Power Co)
Subrogation. The Guarantor shall be subrogated to all (if any) rights of the Holders of Preferred Securities against the Issuer in respect of any amounts paid to such the Holders by the Guarantor under this Preferred Securities GuaranteeGuarantee Agreement and shall have the right to waive payment by the Issuer pursuant to Section 5.01; provided, however, provided that the Guarantor shall not (except to the extent required by mandatory provisions of applicable law) be entitled to enforce or exercise any right that rights which it may acquire by way of subrogation or any indemnity, reimbursement or other agreement, in all cases as a result of payment under this Preferred Securities GuaranteeGuarantee Agreement, if, at the time of any such payment, any amounts are due and unpaid under this Preferred Securities GuaranteeGuarantee Agreement. If any amount shall be paid to the Guarantor in violation of the preceding sentence, the Guarantor agrees to hold such amount in trust for the Holders and to pay over such amount to the Holders.
Appears in 2 contracts
Samples: Guarantee Agreement (Cox Communications Inc /De/), Guarantee Agreement (Mutual Risk Management LTD)
Subrogation. The Guarantor shall be subrogated to all (if any) rights of the Holders of Convertible Preferred Securities against the Issuer Trust in respect of any amounts paid to such Holders by the Guarantor under this Preferred Securities GuaranteeGuarantee Agreement; provided, however, that the Guarantor shall not (except to the extent required by mandatory provisions of law) be entitled to enforce or exercise any right that it may acquire by way of subrogation or any indemnity, reimbursement or other agreement, in all cases as a result of payment under this Preferred Securities GuaranteeGuarantee Agreement, if, at the time of any such payment, any amounts are due and unpaid under this Preferred Securities GuaranteeGuarantee Agreement. If any amount shall be paid to the Guarantor in violation of the preceding sentence, the Guarantor agrees to hold such amount in trust for the Holders and to pay over such amount to the Holders.
Appears in 2 contracts
Samples: Convertible Preferred Securities Guarantee Agreement (Citizens Utilities Capital L P), Convertible Preferred Securities Guarantee Agreement (Citizens Utilities Capital L P)
Subrogation. The Guarantor shall be subrogated to all (if any) rights of the Holders of Preferred Securities against the Issuer in respect of any amounts paid to such Holders by the Guarantor under this Preferred Securities Guarantee; provided, however, that the Guarantor shall not (except to the extent required by mandatory provisions of law) be entitled to enforce or exercise any right that it may acquire by way of subrogation or any indemnity, reimbursement or other agreement, in all cases as a result of payment under this Preferred Securities Guarantee, if, at the time of any such payment, any amounts are due and unpaid under this Preferred Securities Guarantee. If any amount shall be paid to the Guarantor in violation of the preceding sentence, the Guarantor agrees to hold such amount in trust for the Holders and to pay over such amount to the Holders.
Appears in 2 contracts
Samples: Preferred Securities Guarantee Agreement (Federal Mogul Financing Trust), K N Capital Trust Iii
Subrogation. The Guarantor shall be subrogated to all (if any) rights of the Holders of Preferred Securities against the Issuer in respect of any amounts paid to such the Holders by the Guarantor under this Preferred Securities GuaranteeGuarantee Agreement and shall have the right to waive payment by the Issuer pursuant to Section 5.1; provided, however, that the Guarantor shall not (except to the extent required by mandatory provisions of law) be entitled to enforce or exercise any right that rights which it may acquire by way of subrogation or any indemnity, reimbursement or other agreement, in all cases as a result of payment under this Preferred Securities GuaranteeGuarantee Agreement, if, at the time of any such payment, any amounts are due and unpaid under this Preferred Securities GuaranteeGuarantee Agreement. If any amount shall be paid to the Guarantor in violation of the preceding sentence, the Guarantor agrees to hold such amount in trust for the Holders and to pay over such amount to the Holders.
Appears in 2 contracts
Samples: Guarantee Agreement (Vib Corp), Guarantee Agreement (Bnccorp Inc)
Subrogation. The Guarantor shall be subrogated to all (if any) rights of the Holders of Preferred Securities against the Issuer in respect of any amounts paid to such Holders by the Guarantor under this Preferred Securities GuaranteeGuarantee and shall have the right to waive payment by the Issuer pursuant to Section 5.1; provided, however, that the Guarantor shall not (except to the extent required by mandatory provisions of law) be entitled to enforce or exercise any right that it may acquire by way of subrogation or any indemnity, reimbursement or other agreement, in all cases as a result of payment under this Preferred Securities Guarantee, if, at the time of any such payment, any amounts are due and unpaid under this Preferred Securities Guarantee. If any amount shall be paid to the Guarantor in violation of the preceding sentence, the Guarantor agrees to hold such amount in trust for the Holders and to pay over such amount to the Holders.
Appears in 2 contracts
Samples: Guarantee Agreement (Prudential Financial Capital Trust Ii), Guarantee Agreement (Prudential Financial Capital Trust Ii)
Subrogation. The Guarantor shall be subrogated to all (if any) rights of the Holders of Preferred Securities against the Issuer in respect of any amounts paid to such Holders by the Guarantor under this Trust Preferred Securities Guarantee; provided, however, -------- ------- that the Guarantor shall not (except to the extent required by mandatory provisions of law) be entitled to enforce or exercise any right that it may acquire by way of subrogation or any indemnity, reimbursement or other agreement, in all cases as a result of payment under this Trust Preferred Securities Guarantee, if, at the time of any such payment, any amounts are due and unpaid under this Trust Preferred Securities Guarantee. If any amount shall be paid to the Guarantor in violation of the preceding sentence, the Guarantor agrees to hold such amount in trust for the Holders and to pay over such amount to the Holders.
Appears in 2 contracts
Samples: Trust Preferred Securities Guarantee Agreement (East West Bancorp Capital Trust I), Trust Preferred Securities Guarantee Agreement (Sandy Spring Capital Trust I)
Subrogation. The Guarantor shall be subrogated to all rights (if any) rights of the Holders of Preferred Securities against the Issuer in respect of any amounts paid to such the Holders by the Guarantor under this Preferred Securities GuaranteeAgreement and shall have the right to waive payment by the Issuer pursuant to Section 5.1; provided, however, that the Guarantor shall not -------- ------- (except to the extent required by mandatory provisions of law) be entitled to enforce or exercise any right that rights which it may acquire by way of subrogation or any indemnity, reimbursement or other agreement, in all cases as a result of payment under this Preferred Securities GuaranteeAgreement, if, at the time of any such payment, any amounts are due and unpaid under this Preferred Securities GuaranteeAgreement. If any amount shall be paid to the Guarantor in violation of the preceding sentence, the Guarantor agrees to hold such amount in trust for the Holders and to pay over such amount to the Holders.
Appears in 2 contracts
Samples: Subordinated Guarantee Agreement (Adelphia Communications Corp), Senior Guarantee Agreement (Adelphia Communications Corp)
Subrogation. The Guarantor shall be subrogated to all (if any) rights of the Holders of Preferred Securities against the Issuer Trust in respect of any amounts paid to such Holders by the Guarantor under this Preferred Trust Common Securities Guarantee; provided, however, that the Guarantor shall not (except to the extent required by mandatory provisions of law) be entitled to enforce or exercise any right that it may acquire by way of subrogation or any indemnity, reimbursement or other agreement, in all cases as a result of payment under this Preferred Trust Common Securities Guarantee, if, at the time of any such payment, any amounts are due and unpaid under this Preferred Trust Common Securities Guarantee. If any amount shall be paid to the Guarantor in violation of the preceding sentence, the Guarantor agrees to hold such amount in trust for the Holders and to pay over such amount to the Holders.
Appears in 2 contracts
Samples: Common Securities Guarantee Agreement (Westcoast Hospitality Capital Trust), Trust Common Securities Guarantee Agreement (Westcoast Hospitality Corp)
Subrogation. The Guarantor shall be subrogated to all (if any) rights of the Holders of Preferred Securities against the Issuer Spectrum Capital in respect of any amounts paid to such Holders by the Guarantor under this Preferred Securities Guarantee; provided, however, that the Guarantor shall not (except to the extent required by mandatory provisions of law) be entitled to enforce or exercise any right that it may acquire by way of subrogation or any indemnity, reimbursement or other agreement, in all cases as a result of payment under this Preferred Securities Guarantee, if, at the time of any such payment, any amounts are due and unpaid under this Preferred Securities Guarantee. If any amount shall be paid to the Guarantor in violation of the preceding sentence, the Guarantor agrees to hold such amount in trust for the Holders and to pay over such amount to the Holders.
Appears in 2 contracts
Samples: Preferred Securities Guarantee Agreement (Spectrum Capital Trust I), Preferred Securities Guarantee Agreement (Spectrum Capital Trust Ii)
Subrogation. The Guarantor shall be subrogated to all (rights, if any) rights , of the Holders of Preferred Securities against the Issuer in respect of any amounts paid to such Holders by the Guarantor under this Preferred Common Securities GuaranteeGuarantee and shall have the right to waive payment by the Issuer pursuant to Section 2.1; provided, however, that the Guarantor shall not (except to the extent required by mandatory provisions of law) be entitled to enforce or exercise any right that it may acquire by way of subrogation or any indemnity, reimbursement or other agreement, in all cases as a result of payment under this Preferred Common Securities Guarantee, if, at the time of any such payment, any amounts are due and unpaid under this Preferred Common Securities Guarantee. If any amount shall be paid to the Guarantor in violation of the preceding sentence, the Guarantor agrees to hold such amount in trust for the Holders and to pay over such amount to the Holders.
Appears in 2 contracts
Samples: Common Securities Guarantee Agreement (Prudential Financial Capital Trust Ii), Common Securities Guarantee Agreement (Prudential Financial Capital Trust Ii)
Subrogation. The Guarantor shall be subrogated to all (if any) rights of the Holders of Preferred the Common Securities against the Issuer in respect of any amounts paid to such Holders by the Guarantor under this Preferred Common Securities Guarantee; provided, however, that the Guarantor shall not (except to the extent required -------- ------- by mandatory provisions of law) be entitled to enforce or exercise any right that rights which it may acquire by way of subrogation or any indemnity, reimbursement or other agreement, in all cases as a result of payment under this Preferred Common Securities Guarantee, if, at the time of any such payment, any amounts are due and unpaid under this Preferred Common Securities Guarantee. If any amount shall be paid to the Guarantor in violation of the preceding sentence, the Guarantor agrees to hold such amount in trust for the Holders and to pay over such amount to the Holders.
Appears in 2 contracts
Samples: Common Securities Guarantee Agreement (Greater Bay Bancorp), Common Securities Guarantee Agreement (GBB Capital V)
Subrogation. The Guarantor shall be subrogated to all (if any) rights of the Holders of Preferred Capital Securities against the Issuer in respect of any amounts paid to such Holders by the Guarantor under this Preferred Capital Securities Guarantee; providedPROVIDED, howeverHOWEVER, that the Guarantor shall not (except to the extent required by mandatory provisions of law) be entitled to enforce or exercise any right that it may acquire by way of subrogation or any indemnity, reimbursement or other agreement, in all cases as a result of payment under this Preferred Capital Securities Guarantee, if, at the time of any such payment, any amounts are due and unpaid under this Preferred Capital Securities Guarantee. If any amount shall be paid to the Guarantor in violation of the preceding sentence, the Guarantor agrees to hold such amount in trust for the Holders and to pay over such amount to the Holders.
Appears in 2 contracts
Samples: Capital Securities Guarantee Agreement (MDC Holdings Inc), Securities Guarantee Agreement (Zenith National Insurance Corp)
Subrogation. The Guarantor shall be subrogated to all (if any) rights of the Holders of Preferred Securities against the Issuer in respect of any amounts paid to such Holders by the Guarantor under this Preferred Securities Guarantee; provided, however, that the Guarantor shall not (except to the extent required by mandatory provisions provi- sions of law) be entitled to enforce or exercise any right that it may acquire by way of subrogation or any indemnity, reimbursement or other agreement, in all cases as a result of payment under this Preferred Securities Guarantee, if, at the time of any such payment, any amounts are due and unpaid under this Preferred Securities Guarantee. If any amount shall be paid to the Guarantor in violation of the preceding sentence, the Guarantor agrees to hold such amount in trust for the Holders and to pay over such amount to the Holders.
Appears in 2 contracts
Samples: Securities Guarantee Agreement (International Paper Capital Trust Iii), Securities Guarantee Agreement (International Paper Capital Trust Iii)
Subrogation. (a) The Guarantor shall be subrogated to all (if any) rights of the Holders of Preferred Securities against the Issuer in respect of any amounts paid to such Holders by the Guarantor under this Preferred Securities Guarantee; provided, however, that the Guarantor shall not (except to the extent required by mandatory provisions of law) be entitled to enforce or exercise any right that it may acquire by way of subrogation or any indemnity, reimbursement or other agreement, in all cases as a result of payment under this Preferred Securities Guarantee, if, at the time of any such payment, any amounts are due and unpaid under this Preferred Securities Guarantee. If any amount shall be paid to the Guarantor in violation of the preceding sentence, the Guarantor agrees to hold such amount in trust for the Holders and to pay over such amount to the Holders.
Appears in 2 contracts
Samples: Preferred Securities Guarantee Agreement (Travelers Insurance Group Holdings Inc), Preferred Securities Guarantee Agreement (Travelers Insurance Group Holdings Inc)
Subrogation. The Guarantor shall be subrogated to all (if any) rights of the Holders of Preferred Capital Securities against the Issuer in respect of any amounts paid to such Holders by the Guarantor under this Preferred Capital Securities Guarantee; provided, however, that the Guarantor shall not (except to the extent required by mandatory provisions of law) be entitled to enforce or exercise any right that it may acquire by way of subrogation or any indemnity, reimbursement or other agreement, in all cases as a result of payment under this Preferred Capital Securities Guarantee, if, at the time of any such payment, any amounts are due and unpaid under this Preferred Capital Securities Guarantee. If any amount shall be paid to the Guarantor in violation of the preceding sentence, the Guarantor agrees to hold such amount in trust for the Holders and to pay over such amount to the Capital Guarantee Trustee for the benefit of the Holders.
Appears in 2 contracts
Samples: Capital Securities Guarantee Agreement (Conseco Inc Et Al), Securities Guarantee Agreement (Conseco Inc Et Al)
