Common use of DIRECT ACTION BY HOLDERS OF PREFERRED SECURITIES Clause in Contracts

DIRECT ACTION BY HOLDERS OF PREFERRED SECURITIES. Notwithstanding any other provision in this Indenture, the Holder of any Security shall have the right which is absolute and unconditional to receive payment of the principal of (and premium, if any) and (subject to Section 3.7) interest (including any Additional Interest) on such Security on the respective Stated Maturities expressed in such Security (or, in the case of redemption, on the Redemption Date) and to institute suit for the enforcement of any such payment, and such right shall not be impaired without the consent of such Holder. In the case of Securities of a series issued to a PCC Trust, any holder of the corresponding series of Preferred Securities issued by such PCC Trust shall have the right, upon the occurrence of an Event of Default described in Section 5.1(1) or 5.1(2), to institute a suit directly against the Company for enforcement of payment to such holder of principal of (premium, if any) and (subject to Section 3.7) interest (including any Additional Interest) on the Securities having a principal amount equal to the aggregate Liquidation Amount (as defined in the Trust Agreement under which such PCC Trust is formed) of such Preferred Securities of the corresponding series held by such holder.

Appears in 2 contracts

Sources: Junior Subordinated Indenture (Pacific Crest Capital Inc), Junior Subordinated Indenture (PCC Capital I)