Common use of Global Subordinated Notes Clause in Contracts

Global Subordinated Notes. If distributed to holders of Preferred Securities in connection with the involuntary or voluntary liquidation and dissolution of the Trust: (a) If the Preferred Securities are held in book-entry form, the Initial Subordinated Notes may be presented to the Trustee by the Property Trustee in exchange for a Global Security in the form of Exhibit A in an aggregate principal amount equal to all Outstanding Subordinated Notes (a "Global Subordinated Note"). The Depositary for the Global Subordinated Note will be The Depository Trust Company. The Global Subordinated Note will be registered in the name of the Depositary or its nominee, Cede & Co., and delivered by the Trustee to the Depositary or a custodian appointed by the Depositary for crediting to the accounts of its participants pursuant to the instructions of the Property Trustee. The Company upon any such presentation shall execute a Global Subordinated Note in such aggregate principal amount and deliver the same to the Trustee for authentication and delivery in accordance with the Indenture and this Fourth Supplemental Indenture. Payments on the Subordinated Notes issued as a Global Subordinated Note will be made to the Depositary or its nominee. (b) If any Preferred Securities are held in non book-entry certificated form ("Non Book-Entry Preferred Securities"), the Initial Subordinated Notes may be presented to the Trustee by the Property Trustee, and such Non Book-Entry Preferred Securities will be deemed to represent beneficial interests in Subordinated Notes presented to the Trustee by the Property Trustee having an aggregate principal amount equal to the aggregate liquidation amount of the Non Book-Entry Preferred Securities until the Preferred Security Certificates representing such Non Book-Entry Preferred Securities are presented to the Security Registrar for transfer or reissuance, at which time such Preferred Security Certificates will be canceled and a Subordinated Note registered in the name of the holder of the Preferred Security Certificate or the transferee of the holder of such Preferred Security Certificate, as the case may be, with an aggregate principal amount equal to the aggregate liquidation amount of the Preferred Security Certificate canceled will be executed by the Company and delivered to the Trustee for authentication and delivery in accordance with the Indenture and this Fourth Supplemental Indenture. On issue of such Subordinated Notes, Subordinated Notes with an equivalent aggregate principal amount that were presented by the Property Trustee to the Trustee will be deemed to have been canceled.

Appears in 2 contracts

Sources: Fourth Supplemental Indenture (CMS Energy Corp), Fourth Supplemental Indenture (CMS Energy Corp)

Global Subordinated Notes. If distributed to holders In the event of Preferred Securities in connection with the an involuntary or voluntary liquidation and dissolution of the Trust: (a) If if the Preferred Securities are held in book-entry form, the Initial Subordinated Notes may be presented to the Trustee by the Property Trustee in exchange for a Global Security in the form of Exhibit A in an aggregate principal amount equal to all Outstanding Subordinated Notes (a "Global Subordinated Note"). The Depositary for the Global Subordinated Note will be The Depository Trust Company. The Global Subordinated Note will be registered in the name of the Depositary or its nominee, Cede & Co., and delivered by the Trustee to the Depositary or a custodian appointed by the Depositary for crediting to the accounts of its participants pursuant to the instructions of the Property Trustee. The Company upon any such presentation shall execute a Global Subordinated Note in such aggregate principal amount and deliver the same to the Trustee for authentication and delivery in accordance with the Indenture and this Fourth Second Supplemental Indenture. Payments on the Subordinated Notes issued as a Global Subordinated Note will be made to the Depositary or its nominee. (b) If if any Preferred Securities are held in non book-entry certificated form ("Non Non-Book-Entry Preferred Securities"), the Initial Subordinated Notes may be presented to the Trustee by the Property Trustee, and such Non Book-Entry Preferred Securities will be deemed to represent beneficial interests in Subordinated Notes presented to the Trustee by the Property Trustee having an aggregate principal amount equal to the aggregate liquidation amount of the Non Non-Book-Entry Preferred Securities until the Preferred Security Certificates representing such Non Non-Book-Entry Preferred Securities are presented to the Security Registrar for transfer or reissuance, at which time such Preferred Security Certificates will be canceled and a Subordinated Note registered in the name of the holder of the Preferred Security Certificate or the transferee of the holder of such Preferred Security Certificate, as the case may be, with an aggregate principal amount equal to the aggregate liquidation amount of the Preferred Security Certificate canceled will be executed by the Company and delivered to the Trustee for authentication and delivery in accordance with the Indenture and this Fourth Second Supplemental Indenture. On issue of such Subordinated Notes, Subordinated Notes with an equivalent aggregate principal amount that were presented by the Property Trustee to the Trustee will be deemed to have been canceled.

Appears in 1 contract

Sources: Second Supplemental Indenture (Hfi Trust I)

Global Subordinated Notes. If distributed to holders of Preferred Securities in connection with the involuntary or voluntary liquidation and dissolution of the Trust: (a) If the Preferred Securities are held in book-entry form, the The Initial Subordinated Notes may will be presented to the Trustee by the Property Trustee in exchange for a Global Security issued initially in the form of Exhibit A one or more Restricted Global Subordinated Notes. The Exchange Notes will be issued initially in an aggregate principal amount equal to all Outstanding the form of one or more Unrestricted Global Subordinated Notes, unless, before the issuance of such Exchange Notes, the Company has determined that the Subordinated Notes (a "may not be represented by Global Subordinated Note")Notes and has so notified the Trustee, in which event the Exchange Notes will be issued in the form of one or more Definitive Subordinated Notes. The Depositary Except as provided in Section 206. Holders of Definitive Subordinated Notes will not be entitled to transfer Definitive Subordinated Notes in exchange for the beneficial interests in Global Subordinated Notes, and owners of beneficial interests in Global Subordinated Notes will not be entitled to receive physical delivery of Definitive Subordinated Notes. Each Global Subordinated Note issued under this Indenture will be The Depository deposited with the Trustee at its Corporate Trust Company. The Global Subordinated Note will be Office, as custodian for the Depositary, and registered in the name of the Depositary or its nomineethe nominee thereof, Cede & Co., and delivered by the Trustee to the Depositary or a custodian appointed by the Depositary for crediting to the accounts of its participants pursuant to the instructions of the Property Trustee. The Company upon any such presentation shall execute a Global Subordinated Note in such aggregate principal amount and deliver the same to the Trustee for authentication and delivery in accordance with the Indenture and this Fourth Supplemental Indenture. Payments on the Subordinated Notes issued as a Global Subordinated Note will be made to the Depositary or its nominee. (b) If any Preferred Securities are held in non book-entry certificated form ("Non Book-Entry Preferred Securities"), the Initial Subordinated Notes may be presented to the Trustee by the Property Trustee, and such Non Book-Entry Preferred Securities will be deemed to represent beneficial interests in Subordinated Notes presented to the Trustee by the Property Trustee having an aggregate principal amount equal to the aggregate liquidation amount of the Non Book-Entry Preferred Securities until the Preferred Security Certificates representing such Non Book-Entry Preferred Securities are presented to the Security Registrar for transfer or reissuance, at which time such Preferred Security Certificates will be canceled and a Subordinated Note registered in the name of the holder of the Preferred Security Certificate or the transferee of the holder of such Preferred Security Certificate, as the case may be, with an aggregate principal amount equal to the aggregate liquidation amount of the Preferred Security Certificate canceled will be duly executed by the Company and delivered to authenticated by the Trustee for authentication as hereinafter provided. The aggregate principal amount of any Global Subordinated Note may from time to time be increased or decreased by adjustments made on the records of the Trustee and delivery the Depositary as hereinafter provided. Any adjustment of the aggregate principal amount of a Global Subordinated Note to reflect the amount of any increase or decrease in the amount of outstanding Subordinated Notes represented thereby will be made by the Trustee in accordance with the Indenture and this Fourth Supplemental Indenture. On issue of such Subordinated Notes, Subordinated Notes with an equivalent aggregate principal amount that were presented instructions given by the Property Trustee to Holder thereof as required by Section 206 hereof and will be made on the records of the Trustee will be deemed to have been canceledand the Depositary.

Appears in 1 contract

Sources: Indenture (WashingtonFirst Bankshares, Inc.)