Trust Indenture Act; Application. If any provision hereof limits, qualifies or conflicts with a provision of the Trust Indenture Act that is required under such Act to be a part of and govern this Guarantee Agreement, the provision of the Trust Indenture Act shall control. If any provision of this Guarantee Agreement modifies or excludes any provision of the Trust Indenture Act that may be so modified or excluded, the latter provision shall be deemed to apply to this Guarantee Agreement as so modified or excluded, as the case may be.
Appears in 48 contracts
Samples: Guarantee Agreement (HMB Capital Trust III), Guarantee Agreement (S&t Bancorp Inc), Guarantee Agreement (Mountain National Bancshares Inc)
Trust Indenture Act; Application. If any provision hereof limits, qualifies or conflicts with a provision of the Trust Indenture Act that is required under such Act to be a part of and govern this Guarantee Agreement, the provision of the Trust Indenture Act shall control. If any provision of this Guarantee Agreement modifies or excludes any provision of the Trust Indenture Act that may be so modified or excluded, the latter provision shall be deemed to apply to this Guarantee Agreement as so modified or excluded, as the case may be.
Appears in 14 contracts
Samples: Guarantee Agreement (American Safety Insurance Group LTD), Preferred Securities Guarantee Agreement (American Safety Insurance Group LTD), Guarantee Agreement (Sun Capital Trust Ii)
Trust Indenture Act; Application. If any provision hereof limits, qualifies or conflicts with a provision of the Trust Indenture Act that is required under such Act to be a part of and govern this Guarantee Agreement, the provision of the Trust Indenture Act shall control. If any provision of this Guarantee Agreement modifies or excludes any provision of the Trust Indenture Act that may be so modified or excluded, the latter provision shall be deemed to apply to this Guarantee Agreement Indenture as so modified or to be excluded, as the case may be.
Appears in 6 contracts
Samples: Guarantee Agreement (First Empire Capital Trust I), Guarantee Agreement (First Empire State Corp), Guarantee Agreement (First Empire Capital Trust I)
Trust Indenture Act; Application. If and to the extent any provision hereof limits, qualifies or conflicts with a provision of the Trust Indenture Act that is required under such Act to be a part of and govern this Guarantee Agreement, the provision of the Trust Indenture Act shall control. If any provision of this Guarantee Agreement modifies or excludes any provision of the Trust Indenture Act that may be so modified or excluded, the latter provision shall be deemed to apply to this Guarantee Agreement as so modified or excluded, as the case may be.
Appears in 3 contracts
Samples: Guarantee Agreement (Gainsco Inc), Guarantee Agreement (Gainsco Inc), Guarantee Agreement (Assuranceamerica Corp)
Trust Indenture Act; Application. If any provision hereof limits, qualifies or conflicts with a provision of the Trust Indenture Act that is required under such Act to be a part apart of and govern this Guarantee Agreement, the provision of the Trust Indenture Act shall control. If any provision of this Guarantee Agreement modifies or excludes any provision of the Trust Indenture Act that may be so modified or excluded, the latter provision shall be deemed to apply to this Guarantee Agreement Indenture as so modified or to be excluded, as the case may be.
Appears in 3 contracts
Samples: Guarantee Agreement (Morgan Stanley Dean Witter & Co), Guarantee Agreement (MSDW Capital Trust V), Guarantee Agreement (Pxre Capital Trust Iv)
Trust Indenture Act; Application. If any provision hereof limits, qualifies or conflicts with a provision of the Trust Indenture Act that is required under such Act to be a part apart of and govern this Guarantee Agreement, the provision of the Trust Indenture Act shall control. If any provision of this Guarantee Agreement modifies or excludes any provision of the Trust Indenture Act that may be so modified or excluded, the latter provision shall be deemed to apply to this Guarantee Agreement as so modified or to be excluded, as the case may be.
Appears in 2 contracts
Samples: Guarantee Agreement (Morgan Stanley Capital Trust VIII), Guarantee Agreement (Morgan Stanley Capital Trust VIII)
Trust Indenture Act; Application. If any provision hereof limits, qualifies or conflicts with a provision of the Trust Indenture Act that is required under such Act to be a part of and govern this Guarantee AgreementIndenture, the provision of the Trust Indenture Act shall control. If any provision of this Guarantee Agreement Indenture modifies or excludes any provision of the Trust Indenture Act that may be so modified or excluded, the latter provision shall be deemed to apply to this Guarantee Agreement Indenture as so modified or to be excluded, as the case may be.
Appears in 2 contracts
Samples: Guarantee Agreement (Jeffbanks Inc), Guarantee Agreement (First Empire State Corp)
Trust Indenture Act; Application. If any provision hereof limits, qualifies or conflicts with a provision of the Trust Indenture Act that is required under such Act to be a part of and govern this Guarantee AgreementExchange Guarantee, the provision of the Trust Indenture Act shall control. If any provision of this Exchange Guarantee Agreement modifies or excludes any provision of the Trust Indenture Act that may be so modified or excluded, the latter provision shall be deemed to apply to this Exchange Guarantee Agreement as so modified or excluded, as the case may be.
Appears in 1 contract
Trust Indenture Act; Application. If any provision hereof limits, qualifies or conflicts with a provision of the Trust Indenture Act that is required under such Act to be a part of and govern this Exchange Guarantee Agreement, the provision of the Trust Indenture Act shall control. If any provision of this Exchange Guarantee Agreement modifies or excludes any provision of the Trust Indenture Act that may be so modified or excluded, the latter provision shall be deemed to apply to this Exchange Guarantee Agreement as so modified or excluded, as the case may be.
Appears in 1 contract
