Subrogation. The Guarantor shall be subrogated to all (if any) rights of the Holders of Capital Securities against the Issuer in respect of any amounts paid to such Holders by the Guarantor under this Guarantee; provided, however, that the Guarantor shall not (except to the extent required by applicable 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 Guarantee, if, after giving effect to any such payment, any amounts are due and unpaid under this 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 224 contracts
Sources: Guarantee Agreement (Chino Commercial Bancorp), Guarantee Agreement (Paragon Commercial CORP), Guarantee Agreement (Great Western Bancorp, Inc.)
Subrogation. The Guarantor shall be subrogated to all (if any) rights of the Holders of Capital Securities against the Issuer in respect of any amounts paid to such Holders by the Guarantor under this Guarantee; provided, however, that the Guarantor shall not (except to the extent required by applicable 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 Guarantee, if, after giving effect to any such payment, any amounts are due and unpaid under this 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 162 contracts
Sources: Guarantee Agreement (Bancfirst Corp /Ok/), Guarantee Agreement (Pathfinder Bancorp, Inc.), Guarantee Agreement (Great Western Bancorp, Inc.)
Subrogation. The Guarantor shall be subrogated to all rights (if any) rights of the Holders of Capital Securities against the Issuer Trust in respect of any amounts paid to such the Holders by the Guarantor under this GuaranteeGuarantee Agreement; provided, however, that the Guarantor shall not (except to the extent required by applicable 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 GuaranteeGuarantee Agreement, if, after giving effect to at the time of any such payment, any amounts are due and unpaid under this 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 114 contracts
Sources: Guarantee Agreement (Fifth Third Capital Trust VIII), Guarantee Agreement (Fifth Third Capital Trust VIII), Guarantee Agreement (BEE Financing Trust III)
Subrogation. The Guarantor shall be subrogated to all (if any) rights of the Holders of Capital Securities against the Issuer Trust in respect of any amounts paid to such the Holders by the Guarantor under this GuaranteeGuarantee Agreement; provided, however, that the Guarantor shall not (except to the extent required by applicable 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 GuaranteeGuarantee Agreement, if, after giving effect to at the time of any such payment, any amounts of Guarantee Payments are due and unpaid under this 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 97 contracts
Sources: Guarantee Agreement (Southwestern Electric Power Co), Preferred Securities Guarantee Agreement, Guarantee Agreement (Alabama Power Capital Trust Iv)
Subrogation. The Guarantor shall be subrogated to all (if any) rights of the Holders of Capital Securities against the Issuer Trust in respect of any amounts paid to such Holders by the Guarantor under this Guarantee; provided, however, that the Guarantor shall not (except to the extent required by applicable 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 Guarantee, if, after giving effect to if at the time of any such payment, any amounts are due and unpaid under this 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 Guarantee Trustee for the benefit of the Holders.
Appears in 68 contracts
Sources: Guarantee Agreement (Us Bancorp \De\), Guarantee Agreement (Lehman Brothers Holdings Inc), Guarantee Agreement (Us Bancorp \De\)
Subrogation. The Guarantor shall be subrogated to all rights (if any) rights of the Holders of Capital Securities against the Issuer Trust in respect of any amounts paid to such the Holders by the Guarantor under this GuaranteeGuarantee Agreement; provided, however, that the Guarantor shall not (except to the extent required by applicable 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 GuaranteeGuarantee Agreement, if, after giving effect to if at the time of any such payment, any amounts are due and unpaid under this 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 47 contracts
Sources: Guarantee Agreement (Gainsco Inc), Guarantee Agreement (Crescent Banking Co), Guarantee Agreement (FFBC Capital Trust I)
Subrogation. The Guarantor shall be subrogated to all rights (if any) rights of the Holders of Capital Securities against the Issuer Trust in respect of any amounts paid to such the Holders by the Guarantor under this 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 applicable 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 GuaranteeGuarantee Agreement, if, after giving effect to at the time of any such payment, any amounts are due and unpaid under this 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 27 contracts
Sources: Guarantee Agreement (Goldman Sachs Capital III), Guarantee Agreement (Murray Street Investment Trust I), Guarantee Agreement (KeyCorp Capital VIII)
Subrogation. The Guarantor shall be subrogated to all (if any) rights of the Holders of Capital Securities against the Issuer in respect of any amounts paid to such the Holders by the Guarantor under this GuaranteeGuarantee Agreement; provided, however, that the Guarantor shall not (except to the extent required by applicable 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 GuaranteeGuarantee Agreement, if, after giving effect to at the time of any such payment, any amounts of Guarantee Payments are due and unpaid under this 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 25 contracts
Sources: Guarantee Agreement (Atlantic City Electric Co), Guarantee Agreement (Mp&l Capital I), Guarantee Agreement (Entergy Gulf States Capital I)
Subrogation. The Guarantor shall be subrogated to all (rights, if any) rights , of the Holders of Capital Securities against the Issuer in respect of any amounts paid to such Holders by the Guarantor under this GuaranteeGuarantee Agreement; provided, however, that the Guarantor shall not (except to the extent required by applicable 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 GuaranteeGuarantee Agreement, if, after giving effect to at the time of any such payment, any amounts are due and unpaid under this 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 25 contracts
Sources: Subordinated Debt Securities Guarantee Agreement (Partnerre LTD), Senior Debt Securities Guarantee Agreement (Partnerre LTD), Preferred Securities Guarantee Agreement (PartnerRe Finance B LLC)
Subrogation. The Guarantor shall be subrogated to all (all, if any) , rights of the Holders of Capital Securities against the Issuer in respect of any amounts paid to such the Holders by the Guarantor under this GuaranteeGuarantee Agreement; provided, however, that the Guarantor shall not (except to the extent required by applicable 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 GuaranteeGuarantee Agreement, if, after giving effect to at the time of any such payment, any amounts of Guarantee Payments are due and unpaid under this 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 24 contracts
Sources: Trust Securities Guarantee Agreement (PPL Capital Funding Inc), Trust Securities Guarantee Agreement (PPL Corp), Guarantee Agreement (Txu Gas Capital Iv)
Subrogation. The Guarantor shall be subrogated to all rights (if any) rights of the Holders of Capital Securities against the Issuer Trust in respect of any amounts paid to such the Holders by the Guarantor under this GuaranteeGuarantee Agreement; provided, however, that the Guarantor shall not (except to the extent required by applicable 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 GuaranteeGuarantee Agreement, if, after giving effect to at the time of any such payment, any amounts are due and unpaid under this 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 21 contracts
Sources: Guarantee Agreement (Fb Capital Trust), Guarantee Agreement (Gold Banc Corp Inc), Guarantee Agreement (First Empire Capital Trust I)
Subrogation. The Guarantor shall be subrogated to all (if any) rights of the Holders of Capital Securities against the Issuer in respect of any amounts paid to such Holders by the Guarantor under this Capital Securities Guarantee; provided, however, that the Guarantor shall not (except to the extent required by applicable 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 Capital Securities Guarantee, if, after giving effect to at the time of any such payment, any amounts are due and unpaid under this 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 20 contracts
Sources: Capital Securities Guarantee Agreement (Bank of America Corp /De/), Capital Securities Guarantee Agreement (Bank of America Corp /De/), Capital Securities Guarantee Agreement (Sovereign Bancorp Inc)
Subrogation. The Guarantor shall be subrogated to all (if any) rights of the Holders of Capital Securities against the Issuer in respect of any amounts paid to such the Holders by the Guarantor under this GuaranteeGuarantee Agreement; provided, however, that the Guarantor shall not (except to the extent required by applicable 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 GuaranteeGuarantee Agreement, if, after giving effect to at the time of any such payment, any amounts are due and unpaid under this 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 20 contracts
Sources: Guarantee Agreement (Boise Cascade Corp), Guarantee Agreement (Odyssey Re Holdings Corp), Guarantee Agreement
Subrogation. The Guarantor shall be subrogated to all (if any) rights of the Holders of Capital Securities against the Issuer Trust in respect of any amounts paid to such Holders by the Guarantor under this Guarantee; provided, however, that the Guarantor shall not (except to the extent required by applicable mandatory provisions of law) be entitled to enforce or exercise any right that it may acquire by way of subrogation or of any indemnity, reimbursement or other agreement, in all cases as a result of payment under this Guarantee, if, after giving effect to if at the time of any such payment, any amounts are due and unpaid under this 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 Guarantee Trustee for the benefit of the Holders.
Appears in 17 contracts
Sources: Guarantee Agreement (Csbi Capital Trust I), Guarantee Agreement (Barnett Capital Ii), Guarantee Agreement (Star Capital I)
Subrogation. The Guarantor shall be subrogated to all (rights, if any) rights , of the Holders of Capital Securities against the Issuer in respect of any amounts paid to such Holders by the Guarantor under this GuaranteeGuarantee Agreement; provided, however, that the Guarantor shall not (except to the extent required by applicable 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 GuaranteeGuarantee Agreement, if, after giving effect to at the time of any such payment, any amounts are due and unpaid under this 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
Sources: Capital Securities Guarantee Agreement (Ace LTD), Preferred Securities Guarantee Agreement (Trenwick America Capital Trust Iii), Guarantee Agreement (Partnerre LTD)
Subrogation. The Guarantor shall be subrogated to all (rights, if any) rights , of the Holders of Capital Securities against the Issuer in respect of any amounts paid to such Holders by the Guarantor under this Common Securities Guarantee; provided, however, that the Guarantor shall not (except to the extent required by applicable 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 Common Securities Guarantee, if, after giving effect to at the time of any such payment, any amounts are due and unpaid under this 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 12 contracts
Sources: Common Securities Guarantee Agreement (Ace LTD), Common Securities Guarantee Agreement (MetLife Capital Trust V), Common Securities Guarantee Agreement (Cccisg Capital Trust)
Subrogation. The Guarantor shall be subrogated to all (if any) rights of the Holders of Capital Securities Affiliate Debenture against the Issuer in respect of any amounts paid to such Holders by the Guarantor under this Investment Guarantee; provided, however, that the Guarantor shall not (except to the extent required by applicable 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 Investment Guarantee, if, after giving effect to at the time of any such payment, any amounts are due and unpaid under this Investment 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 12 contracts
Sources: Affiliate Debenture Guarantee Agreement (Uds Funding Ii Lp), Affiliate Debenture Guarantee Agreement (Enron Preferred Funding Ii L P), Affiliate Debenture Guarantee Agreement (Enron Capital Trust I)
Subrogation. The Guarantor shall be subrogated to all (if any) rights of the Holders of Capital Preferred Securities against the Issuer in respect of any amounts paid to such Holders by the Guarantor under this GuaranteeGuarantee Agreement; provided, however, that the Guarantor shall not (except to the extent required by applicable 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 GuaranteeGuarantee Agreement, if, after giving effect to at the time of any such payment, any amounts are due and unpaid under this 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
Sources: Preferred Securities Guarantee Agreement (KCPL Financing Ii), Preferred Securities Guarantee Agreement (Kansas City Power & Light Co), Preferred Securities Guarantee Agreement (Northwestern Corp)
Subrogation. The Guarantor shall be subrogated to all (if any) rights of the Holders of Capital Securities against the Issuer in respect of any amounts paid to such the Holders by the Guarantor under this GuaranteeGuarantee Agreement; provided, however, that the Guarantor shall not (except to the extent required by applicable 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 GuaranteeGuarantee Agreement, if, after giving effect to at the time of any such payment, any amounts are due and unpaid under this 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 or to the Guarantee Trustee for remittance to the Holders.
Appears in 10 contracts
Sources: Guarantee Agreement (Centex Corp), Guarantee Agreement (Raytheon Co/), Guarantee Agreement (Raytheon Co/)
Subrogation. The Guarantor shall be subrogated to all (if any) rights of the Holders of Capital Securities against the Issuer in respect of any amounts paid to such Holders by the Guarantor under this Guarantee; provided, however, that -------- ------- the Guarantor shall not (except to the extent required by applicable 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 Guarantee, if, after giving effect to any such payment, any amounts are due and unpaid under this 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
Sources: Guarantee Agreement (First Southern Bancorp), Guarantee Agreement (Cooperative Bankshares Inc), Guarantee Agreement (First Banks, Inc)
Subrogation. The Guarantor shall be subrogated to all rights (if any) rights of the Holders of Capital Securities against the Issuer Trust in respect of any amounts paid to such the Holders by the Guarantor under this GuaranteeGuarantee Agreement; provided, however, provided that the Guarantor shall not (except to the extent required by applicable 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 GuaranteeGuarantee Agreement, if, after giving effect to at the time of any such payment, any amounts are due and unpaid under this 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 9 contracts
Sources: Guarantee Agreement (Truist Financial Corp), Guarantee Agreement (Goldman Sachs Group Inc), Guarantee Agreement (Goldman Sachs Group Inc)
Subrogation. The Guarantor shall be subrogated to all (if any) rights of the Holders of Capital Preferred Securities against the Issuer in respect of any amounts paid to such Holders by the Guarantor under this GuaranteeGuarantee Agreement; provided, however, that the Guarantor shall not (except to the extent required by applicable 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 GuaranteeGuarantee Agreement, if, after giving effect to at the time of any such payment, any amounts are due and unpaid under this 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 8 contracts
Sources: Preferred Securities Guarantee Agreement (HSBC Finance Capital Trust IX), Preferred Securities Guarantee Agreement (Household Capital Trust Vi), Preferred Securities Guarantee Agreement (Mediaone Group Inc)
Subrogation. The Guarantor shall be subrogated to all (rights, if any) rights , of the Holders of Capital Securities the Notes against the Issuer Company in respect of any amounts paid to such Holders by the Guarantor under this GuaranteeSupplemental Indenture; provided, however, that the Guarantor shall not (except to the extent required by applicable 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 GuaranteeSupplemental Indenture, if, after giving effect to at the time of any such payment, any amounts are due and unpaid outstanding under this 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
Sources: 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 Capital Securities the Senior Notes against the Issuer in respect of any amounts paid to such Holders by the Guarantor under this GuaranteeGuarantee Agreement; provided, however, that the Guarantor shall not (except to the extent required by applicable 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 GuaranteeGuarantee Agreement, if, after giving effect to at the time of any such payment, any amounts are due and unpaid under this 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 Senior Notes and to pay over such amount to the such Holders.
Appears in 8 contracts
Sources: Senior Debt Securities Guarantee Agreement (RenaissanceRe Finance Inc.), Senior Debt Securities Guarantee Agreement (Renaissancere Holdings LTD), Senior Debt Securities Guarantee Agreement (Allied World Assurance Co Holdings, AG)
Subrogation. The Guarantor shall be subrogated to all (if any) rights of the Holders of Capital Securities Holder against the Issuer Trust in respect of any amounts paid to such Holders by the Guarantor under this Guarantee; provided, however, that the Guarantor shall not (except to the extent required by applicable 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 Guarantee, if, after giving effect to if at the time of any such payment, any amounts are due and unpaid under this 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
Sources: Guarantee Agreement (Sce Trust Vi), Guarantee Agreement (SCE Trust V), Guarantee Agreement (SCE Trust IV)
Subrogation. The Guarantor shall be subrogated to all (if any) rights of the Holders of Capital Securities against the Issuer in respect of any amounts paid to such the Holders by the Guarantor under this GuaranteeGUARANTEE Agreement; provided, however, that the Guarantor shall not (except to the extent required by applicable 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 GuaranteeGUARANTEE Agreement, if, after giving effect to at the time of any such payment, any amounts are due and unpaid under this 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 7 contracts
Sources: Guarantee Agreement (JPM Capital Trust Ii), Guarantee Agreement (JPM Capital Trust Ii), Guarantee Agreement (JPM Capital Trust Iv)
Subrogation. The Guarantor shall be subrogated to all (rights, if any) rights , of the Holders of Capital Securities against the Issuer in respect of any amounts paid to such the Holders by the Guarantor under this GuaranteeGuarantee Agreement; providedPROVIDED, howeverHOWEVER, that the Guarantor shall not (except to the extent required by applicable 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 GuaranteeGuarantee Agreement, if, after giving effect to at the time of any such payment, any amounts are due and unpaid under this 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 7 contracts
Sources: Guarantee Agreement (Ubs Americas Inc), Guarantee Agreement (Fund American Co Inc/New), Guarantee Agreement (Fund American Co Inc/New)
Subrogation. The Guarantor shall be subrogated to all rights (if any) rights of the Holders of Capital Securities against the Issuer Trust in respect of any amounts paid to such the Holders by the Guarantor under this GuaranteeGuarantee Agreement; provided, however, that the Guarantor shall not (except to the extent required by applicable 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 GuaranteeGuarantee Agreement, if, after giving effect to at the time of any such payment, any amounts are due and unpaid under this 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
Sources: Guarantee Agreement (GE Capital Trust I), Guarantee Agreement (Metlife Inc), Guarantee Agreement (Metlife Inc)
Subrogation. The Guarantor shall be subrogated to all (if any) rights of the Holders of Capital Securities against the Issuer in respect of any amounts paid to such Holders by the Guarantor under this 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 applicable 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 Guarantee, if, after giving effect to at the time of any such payment, any amounts are due and unpaid under this 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
Sources: Preferred Securities Guarantee Agreement (Union Pacific Capital Trust), Preferred Securities Guarantee Agreement (Hanover Compressor Capital Trust), Preferred Securities Guarantee Agreement (Chemed Corp)
Subrogation. The Guarantor shall be subrogated to all (if any) rights of the Holders of Capital Trust Preferred Securities against the Issuer in respect of any amounts paid to such Holders by the Guarantor under this GuaranteeGuarantee Agreement; provided, however, that the Guarantor shall not (except to the extent required by applicable 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 GuaranteeGuarantee Agreement, if, after giving effect to at the time of any such payment, any amounts are due and unpaid under this 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
Sources: Guarantee Agreement, Securities Purchase and Exchange Agreement, Guarantee Agreement (Ally Financial Inc.)
Subrogation. The Guarantor shall be subrogated to all rights (if any) rights of the Holders of Capital Securities against the Issuer Trust in respect of any amounts paid to such the Holders by the Guarantor under this GuaranteeGuarantee Agreement; providedPROVIDED, howeverHOWEVER, that the Guarantor shall not (except to the extent required by applicable 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 GuaranteeGuarantee Agreement, if, after giving effect to if at the time of any such payment, any amounts are due and unpaid under this 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
Sources: Guarantee Agreement (United Community Capital Trust), Guarantee Agreement (Southern Bancshares Nc Inc), Guarantee Agreement (Fidbank Capital Trust I)
Subrogation. The Guarantor shall be subrogated to all (rights, if any) rights , of the Holders of Capital Securities against the Issuer in respect of any amounts paid to such the Holders by the Guarantor under this GuaranteeGuarantee Agreement; provided, however, that the Guarantor shall not (except to the extent required by applicable 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 GuaranteeGuarantee Agreement, if, after giving effect to at the time of any such payment, any amounts are due and unpaid under this 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
Sources: Guarantee Agreement (Heftel Capital Trust Ii), Guarantee Agreement (Vintage Petroleum Capital I), Guarantee Agreement (Ccci Capital Trust Iii)
Subrogation. The Guarantor shall be subrogated to all (if any) rights of the Holders of Capital Securities against the Issuer in respect of any amounts paid to such Holders by the Guarantor under this Capital Securities Guarantee; provided, however, that the Guarantor shall not (except to the extent required by applicable 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 Capital Securities Guarantee, if, after giving effect to any such payment, any amounts are due and unpaid under this 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
Sources: Capital Securities Guarantee Agreement (Mercantile Capital Trust I), Capital Securities Guarantee Agreement (Marshall & Ilsley Corp/Wi/), Capital Securities Guarantee Agreement (Union Planters Corp)
Subrogation. The Guarantor shall be subrogated to all (rights, if any) rights , of the Holders of Capital Preferred Securities against the Issuer in respect of any amounts paid to such Holders by the Guarantor under this GuaranteeGuarantee Agreement; provided, however, that the Guarantor shall not (except to the extent required by applicable 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 GuaranteeGuarantee Agreement, if, after giving effect to at the time of any such payment, any amounts are due and unpaid under this 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
Sources: Preferred Securities Guarantee Agreement (Occidental Petroleum Corp /De/), Preferred Securities Guarantee Agreement (Sempra Energy Holdings), Preferred Securities Guarantee Agreement (Occidental Petroleum Corp /De/)
Subrogation. The Guarantor shall be subrogated to all rights (if any) rights of the Holders of Capital Securities against the Issuer Trust in respect of any amounts paid to such the Holders by the Guarantor under this GuaranteeGuarantee Agreement; providedPROVIDED, howeverHOWEVER, that the Guarantor shall not (except to the extent required by applicable 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 GuaranteeGuarantee Agreement, if, after giving effect to at the time of any such payment, any amounts are due and unpaid under this 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
Sources: Guarantee Agreement (Southern States Capital Trust I), Guarantee Agreement (Seacoast Financial Services Corp), Securities Purchase Agreement (DPL Inc)
Subrogation. The Guarantor shall be subrogated to all rights (if any) rights of the Holders of Capital Securities against the Issuer Trust in respect of any amounts paid to such the Holders by the Guarantor under this GuaranteeGuarantee Agreement; provided, however, that the Guarantor shall not (except to the extent required by applicable 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 GuaranteeGuarantee Agreement, if, after giving effect to at the time of any such payment, any amounts are due and unpaid under this GuaranteeGuarantee Agreement or any payments are due to the holders of Capital Securities under 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
Sources: Guarantee Agreement (Pxre Capital Trust Iv), Capital Securities Guarantee Agreement (MSDW Capital Trust V), Capital Securities Guarantee Agreement (Morgan Stanley Capital Trust VIII)
Subrogation. The Guarantor Each of the Guarantors shall be subrogated to all rights (if any) rights of the Holders of Capital Securities against the Issuer Trust in respect of any amounts paid to such the Holders by the Guarantor such Guarantors under this GuaranteeGuarantee Agreement; provided, however, that the Guarantor Guarantors shall not (except to the extent required by applicable 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 GuaranteeGuarantee Agreement, if, after giving effect to at the time of any such payment, any amounts are due and unpaid under this 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
Sources: Guarantee Agreement (Popular Inc), Guarantee Agreement (Popular Inc), Guarantee Agreement (Popular North America Capital Trust Iii)
Subrogation. The Guarantor shall be subrogated to all (rights, if any) rights , of the Holders of Capital Securities against the Issuer in respect of any amounts paid to such Holders by the Guarantor under this Capital Securities Guarantee; provided, however, that the Guarantor shall not (except to the extent required by applicable 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 Capital Securities Guarantee, if, after giving effect to at the time of any such payment, any amounts are due and unpaid under this 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
Sources: Capital Securities Guarantee Agreement (Metlife Capital Trust I), Capital Securities Guarantee Agreement (Metlife Inc), Capital Securities Guarantee Agreement (Metlife Capital Trust I)
Subrogation. The Guarantor shall be subrogated to all (if any) rights of the Holders of Capital Securities against the Issuer Company in respect of any amounts paid to such the Holders by the Guarantor under this GuaranteeGuarantee and shall have the right to waive payment by the Company's subsidiaries pursuant to Section 11.01 hereof; provided, however, that the Guarantor shall not (except to the extent required by applicable 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 Guarantee, if, after giving effect to any such until the prior payment, any amounts are due observance and unpaid under this Guaranteeperformance in full of the Guaranteed Obligations. 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
Sources: Junior Indenture (Heco Capital Trust I), Junior Indenture (Hawaiian Electric Co Inc), Junior Indenture (Hawaiian Electric Co Inc)
Subrogation. The Guarantor shall be subrogated to all (if any) rights of the Holders of Capital Securities against the Issuer in respect of any amounts paid to such Holders by the Guarantor under this Common Securities Guarantee; provided, however, that the Guarantor shall not (except to the extent required by applicable 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 Common Securities Guarantee, if, after giving effect to at the time of any such payment, any amounts are due and unpaid under this 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 5 contracts
Sources: Common Securities Guarantee Agreement (Colonial Capital Trust Iv), Common Securities Guarantee Agreement (Laclede Capital Trust I), Common Securities Guarantee Agreement (Colonial Capital Trust Iii)
Subrogation. The Guarantor shall be subrogated to all (if any) rights of the Holders of Capital Securities against the Issuer Trust in respect of any amounts paid to such the Holders by the Guarantor under this 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 applicable 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 GuaranteeGuarantee Agreement, if, after giving effect to at the time of any such payment, any amounts are due and unpaid under this 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
Sources: Guarantee Agreement (National City Corp), Guarantee Agreement (National City Preferred Capital Trust I), Guarantee Agreement (Wells Fargo Capital XVIII)
Subrogation. The Guarantor shall be subrogated to all (if any) rights of the Holders of Capital Trust Preferred Securities against the Issuer Trust in respect of any amounts paid to such Holders by the Guarantor under this Guarantee; provided, however, that the Guarantor shall not (except to the extent required by applicable 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 Guarantee, if, after giving effect to if at the time of any such payment, any amounts are due and unpaid under this 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 Guarantee Trustee for the benefit of the Holders.
Appears in 5 contracts
Sources: Guarantee Agreement (Virginia Electric & Power Co), Trust Preferred Securities Guarantee Agreement (CSX Capital Trust 1), Trust Preferred Securities Guarantee Agreement (Markel Corp)
Subrogation. The Guarantor shall be subrogated to all (rights, if any) rights , of the Holders of Capital Securities against the Issuer in respect of any amounts paid to such Holders by the Guarantor under this Guarantee; provided, however, that the Guarantor shall not (except to the extent required by applicable 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 Guarantee, if, after giving effect to at the time of any such payment, any amounts are due and unpaid under this 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
Sources: Guarantee Agreement (Kaufman & Broad Home Corp), Guarantee Agreement (Ingersoll Rand Co), Guarantee Agreement (Ingersoll Rand Co)
Subrogation. The Guarantor shall be subrogated to all (if any) rights of the Holders holder of Capital Securities any Security against the Issuer Company in respect of any amounts paid to such Holders holder by the Guarantor under pursuant to the provisions of this Guarantee; provided, however, that the Guarantor shall not (except to the extent required by applicable provisions of law) be entitled to enforce enforce, or exercise to receive any payments arising out of or based upon, such 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 Guarantee, if, after giving effect to any such payment, any amounts are due and unpaid under this 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
Sources: Junior Subordinated Indenture (Northstar Realty), Junior Subordinated Indenture (Capitalsource Inc), Junior Subordinated Indenture (Mills Corp)
Subrogation. The Guarantor shall be subrogated to all (all, if any) , rights of the Holders of Capital Securities against the Issuer in respect of any amounts paid to such Holders by the Guarantor under this Guarantee; provided, however, that the Guarantor shall not (except to the extent required by applicable 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 Guarantee, if, after giving effect to at the time of any such payment, any amounts are due and unpaid under this 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 Guarantee Trustee for the benefit of the Holders.
Appears in 5 contracts
Sources: Guarantee Agreement (Washington Mutual Capital Trust 2001), Guarantee Agreement (Indymac Bancorp Inc), Guarantee Agreement (New York Community Bancorp Inc)
Subrogation. The Guarantor shall be subrogated to all (if any) rights of the Holders of Capital Securities against the Issuer in respect of any amounts paid to such the Holders by the Guarantor under this Guarantee; Partnership Guarantee provided, however, that the Guarantor shall not (except to the extent required by applicable 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 Partnership Guarantee, if, after giving effect to at the time of any such payment, any amounts are due and unpaid under this Partnership 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
Sources: Partnership Preferred Securities Guarantee Agreement (Merrill Lynch Preferred Capital Trust Iv), Partnership Preferred Securities Guarantee Agreement (Uds Funding Ii Lp), Partnership Preferred Securities Guarantee Agreement (Merrill Lynch Preferred Capital Trust Ii)
Subrogation. The Guarantor shall be subrogated to all rights (if any) rights of the Holders of Capital Securities against the Issuer Trust in respect of any amounts paid to such the Holders by the Guarantor under this GuaranteeGuarantee Agreement; provided, however, that the Guarantor shall not (except to the extent required by applicable 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 GuaranteeGuarantee Agreement, if, after giving effect to at the time of any such payment, any amounts are due and unpaid under this GuaranteeGuarantee Agreement. If any amount shall be paid to the Guarantor in violation of the preceding sentence, the Guarantor agrees to hold such the amount in trust for the Holders and to pay over such amount to the Holders.
Appears in 4 contracts
Sources: Guarantee Agreement (South Carolina Electric & Gas Co), Guarantee Agreement (Scana Corp), Guarantee Agreement (Sea Pines Associates Inc)
Subrogation. The Guarantor shall be subrogated to all ----------- (if any) rights of the Holders of Capital Securities against the Issuer in respect of any amounts paid to such Holders by the Guarantor under this Guarantee; provided, however, that the Guarantor shall not (except to the extent -------- ------- required by applicable 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 Guarantee, if, after giving effect to any such payment, any amounts are due and unpaid under this 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
Sources: Guarantee Agreement (First Banks, Inc), Guarantee Agreement (First Banks, Inc), Guarantee Agreement (First Banks, Inc)
Subrogation. The Guarantor shall be subrogated to all (if any) rights of the Holders of Capital Securities against the Issuer in respect of any amounts paid to such Holders by the Guarantor under this Guarantee; provided, however, that the Guarantor shall not (except to the extent required by applicable 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 Guarantee, if, after giving effect to any such payment, any amounts are due and unpaid under this 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
Sources: Guarantee Agreement (Southwest Bancorp Inc), Guarantee Agreement (Southwest Bancorp Inc), Guarantee Agreement (Virginia Commerce Bancorp Inc)
Subrogation. The Guarantor shall be subrogated to all (all, if any) , rights of the Holders of Capital Securities against the Issuer in respect of any amounts paid to such the Holders by the Guarantor under this GuaranteeGuarantee Agreement; provided, however, that the Guarantor shall not (except to the extent required by applicable 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 GuaranteeGuarantee Agreement, if, after giving effect to at the time of any such payment, any amounts of Guarantee Payments are due and unpaid under this 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 or for such Holder in accordance with the HoldersTrust Agreement.
Appears in 4 contracts
Sources: Preferred Trust Securities Guarantee Agreement (FPL Group Capital Inc), Preferred Trust Securities Guarantee Agreement (Florida Power & Light CO Trust II), Preferred Trust Securities Guarantee Agreement (FPL Group Trust II)
Subrogation. The Guarantor shall be subrogated to all (if any) rights of the Holders of Capital Securities against the Issuer in respect of any amounts paid to such Holders by the Guarantor under this Guarantee; providedPROVIDED, howeverHOWEVER, that the Guarantor shall not (except to the extent required by applicable 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 Guarantee, if, after giving effect to any such payment, any amounts are due and unpaid under this 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
Sources: Guarantee Agreement (Bancinsurance Corp), Guarantee Agreement (First Community Bancorp /Ca/), Guarantee Agreement (Carver Bancorp Inc)
Subrogation. The Guarantor shall be subrogated to all (if any) rights of the Holders of Capital Securities against the Issuer in respect of any amounts paid to such the Holders by the Guarantor under this GuaranteeGuarantee Agreement; provided, however, that the Guarantor shall not (except to the extent required by applicable 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 GuaranteeGuarantee Agreement, if, after giving effect to at the time of any such payment, any amounts are due and unpaid under this 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 applicable Holders and to pay over such amount to or for the applicable Holders.
Appears in 4 contracts
Sources: Preferred Stock Guarantee Agreement (Florida Power & Light Co), Preferred Shares Guarantee Agreement (Accredited Home Lenders Holding Co), Preferred Shares Guarantee Agreement (Accredited Home Lenders Holding Co)
Subrogation. The Guarantor shall be subrogated to all (if any) rights of the Holders of Capital Securities against the Issuer Trust in respect of any amounts paid to such Holders by the Guarantor under this Guarantee; provided, however, that the Guarantor shall not (except to the extent required by applicable 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 Guarantee, if, after giving effect to if at the time of any such payment, any amounts are due and unpaid under this 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 Guarantee Trustee for the benefit of the Holders.
Appears in 4 contracts
Sources: Guarantee Agreement (Omnicare Capital Trust Iii), Guarantee Agreement (NCS of Illinois Inc), Guarantee Agreement (Omnicom Capital Trust Iii)
Subrogation. The Guarantor shall be subrogated to all (if any) rights of the Holders of Capital Securities against the Issuer in respect of any amounts paid to such Holders by the Guarantor under this Capital Securities Guarantee; provided, however, that the Guarantor shall not (except to the extent required by applicable 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 Capital Securities Guarantee, if, after giving effect to at the time of any such payment, any amounts are due and unpaid under this 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.. 13
Appears in 4 contracts
Sources: Capital Securities Guarantee Agreement (Bank of America Corp /De/), Capital Securities Guarantee Agreement (Bank of America Corp /De/), Capital Securities Guarantee Agreement (Bank of America Corp /De/)
Subrogation. The Guarantor shall be subrogated to all (if any) ----------- rights of the Holders of Capital Securities against the Issuer in respect of any amounts paid to such Holders by the Guarantor under this Guarantee; provided, -------- however, that the Guarantor shall not (except to the extent required by applicable ------- 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 Guarantee, if, after giving effect to any such payment, any amounts are due and unpaid under this 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
Sources: Guarantee Agreement (Alabama National Bancorporation), Guarantee Agreement (Prosperity Bancshares Inc), Guarantee Agreement (Florida Banks Inc)
Subrogation. The Guarantor shall be subrogated to all (if any) rights of the Holders of Capital Securities against the Issuer Trust in respect of any amounts paid to such the Holders by the Guarantor under this GuaranteeGuarantee Agreement; provided, however, that the Guarantor shall not (except to the extent required by applicable 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 GuaranteeGuarantee Agreement, if, after giving effect to at the time of any such payment, any amounts are due and unpaid under this 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
Sources: Guarantee Agreement (First American Financial Corp), Guarantee Agreement (Time Warner Inc), Guarantee Agreement (First American Financial Corp)
Subrogation. The Guarantor shall be subrogated to all (if any) rights of the Holders Holder of Capital Securities any Security against the Issuer Company in respect of any amounts paid to such Holders Holder by the Guarantor under pursuant to the provisions of this Guarantee; provided, however, that the Guarantor shall not (except to the extent required by applicable provisions of law) be entitled to enforce enforce, or exercise to receive any payments arising out of or based upon, such 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 Guarantee, if, after giving effect to any such payment, any amounts are due and unpaid under this 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
Sources: Junior Subordinated Indenture (Northstar Realty), Junior Subordinated Indenture (Northstar Realty), Junior Subordinated Indenture (Northstar Realty)
Subrogation. The Guarantor shall be subrogated to all (if any) rights of the Holders of Capital Securities against the Issuer Issuer, in respect of any amounts paid to such the Holders by the Guarantor under this 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 applicable mandatory provisions of law) be entitled to enforce or exercise any right that rights which it may acquire against the Issuer by way of subrogation or any indemnity, reimbursement or other agreement, in all cases as a result of payment under this GuaranteeGuarantee Agreement, if, after giving effect to at the time of any such payment, any amounts are due and unpaid under this 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
Sources: Guarantee Agreement (Sce Trust I), Guarantee Agreement (Sce Trust I), Guarantee Agreement (Sce Trust I)
Subrogation. The Guarantor shall be subrogated to all (if any) rights of the Holders of Capital Securities against the Issuer in respect of any amounts paid to such the Holders by the Guarantor under this GuaranteeGuarantee Agreement; provided, however, that the Guarantor shall not (except to the extent required by applicable 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 GuaranteeGuarantee Agreement, if, after giving effect to at the time of any such payment, any amounts are due and unpaid under this 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
Sources: Guarantee Agreement (Radian Group Capital Trust II), Guarantee Agreement (Harleysville Group Inc), Guarantee Agreement (Rli Corp)
Subrogation. The Guarantor shall be subrogated to all (if any) rights of the Holders of Capital Securities against the Issuer in respect of any amounts paid to such the Holders by the Guarantor under this GuaranteeGuarantee Agreement; provided, however, that the Guarantor shall not (except to the extent required by applicable 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 GuaranteeGuarantee Agreement, if, after giving effect to at the time of any such payment, any amounts are due and unpaid under this 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
Sources: Guarantee Agreement (Ual Corp /De/), Guarantee Agreement (Ual Corp /De/), Guarantee Agreement (Ual Corp Capital Trust I)
Subrogation. The Guarantor shall be subrogated to all rights (if any) rights of the Holders of Capital Securities against the Issuer Trust in respect of any amounts paid to such the Holders by the Guarantor under this GuaranteeGuarantee Agreement; provided, however, that the Guarantor shall not (except to the extent required by applicable 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 GuaranteeGuarantee Agreement, if, after giving effect to if at the time of any such payment, any amounts are due and unpaid under this 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
Sources: Guarantee Agreement (Great Plains Energy Inc), Guarantee Agreement (Cp&l Energy Inc), Guarantee Agreement (Great Plains Energy Inc)
Subrogation. The Guarantor shall be subrogated to all (if any) rights of the Holders of Capital Securities against the Issuer Trust in respect of any amounts paid to such Holders by the Guarantor under this Guarantee; provided, however, that the Guarantor shall not (except to the extent required by applicable 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 Guarantee, if, after giving effect to if at the time of any such payment, any amounts are due and unpaid under this 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 Guarantee Trustee for the benefit of the Holders.
Appears in 3 contracts
Sources: Capital Securities Guarantee Agreement (Dominion Resources Inc /Va/), Capital Securities Guarantee Agreement (Dominion Resources Capital Trust Iv), Capital Securities Guarantee Agreement (Energy East Capital Trust Ii)
Subrogation. The Guarantor shall be subrogated to all (if any) rights of the Holders of Capital Securities against the Issuer in respect of any amounts paid to such the Holders by the Guarantor under this GuaranteeGuarantee Agreement; providedPROVIDED, howeverHOWEVER, that the Guarantor shall not (except to the extent required by applicable 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 GuaranteeGuarantee Agreement, if, after giving effect to at the time of any such payment, any amounts are due and unpaid under this 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 or to the Guarantee Trustee for remittance to the Holders.
Appears in 3 contracts
Sources: Guarantee Agreement (Cinergy Corp), Guarantee Agreement (Cc Funding Trust Ii), Guarantee Agreement (Marathon Financing Trust I)
Subrogation. The Guarantor shall be subrogated to all (the rights, if any) rights , of the Holders of Capital the Securities against the Issuer in with respect of to any amounts paid to such Holders by the Guarantor under this Guarantee; provided, however, that the Guarantor shall not (except to the extent required by applicable 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 Guarantee, if, after giving effect to at the time of any such payment, any amounts are due and unpaid under this 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 of the Securities and to pay over such amount to the such Holders.
Appears in 3 contracts
Sources: Guarantee Agreement (Nipsco Capital Trust I), Guarantee Agreement (Ucu Capital Trust I), Guarantee Agreement (Ucu Capital Trust I)
Subrogation. The Guarantor shall be subrogated to all (if any) rights of the Holders of Capital Securities against the Issuer in respect of any amounts paid to such Holders by the Guarantor under this Guarantee; provided, however, that the Guarantor shall not (except to the extent required by applicable 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 Guarantee, if, after giving effect to any such payment, any amounts are due and unpaid under this 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.. 11
Appears in 3 contracts
Sources: Guarantee Agreement (Southern Michigan Bancorp Inc), Guarantee Agreement (PFF Bancorp Inc), Guarantee Agreement (Southern Michigan Bancorp Inc)
Subrogation. The Guarantor shall be subrogated to all (if any) rights of the Holders of the Debentures and the Capital Securities against the Issuer Company in respect of any amounts paid to such Holders by the Guarantor under this Guarantee; provided, however, that the Guarantor shall not (except to the extent required by applicable 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 Guarantee, if, after giving effect to any such payment, any amounts are due and unpaid under this 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
Sources: Parent Guarantee Agreement (CastlePoint Holdings, Ltd.), Parent Guarantee Agreement (CastlePoint Holdings, Ltd.), Parent Guarantee Agreement (American Safety Insurance Holdings LTD)
Subrogation. The Guarantor shall be subrogated to all (if any) rights of the Holders of Capital Securities against the Issuer Trust in respect of any amounts paid to such Holders by the Guarantor under this Guarantee; provided, however, that the Guarantor shall not (except to the extent required by applicable 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 Guarantee, if, after giving effect to at the time of any such payment, any amounts are due and unpaid under this 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 Guarantee Trustee for the benefit of the Holders.
Appears in 3 contracts
Sources: Guarantee Agreement (Omnicare Inc), Guarantee Agreement (Omnicare Capital Trust Ii), Guarantee Agreement (Omnicare Inc)
Subrogation. The Guarantor shall be subrogated to all (if any) rights of the Holders of Capital Securities against the Issuer in respect of any amounts paid to such Holders by the Guarantor under this Guarantee; provided, however, that the Guarantor shall not (except to the extent required by applicable 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 Guarantee, if, after giving effect to any such payment, any amounts are due and unpaid under this 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
Sources: Guarantee Agreement (Commercial Capital Bancorp Inc), Guarantee Agreement (Southcoast Financial Corp)
Subrogation. The Guarantor shall be subrogated to all (rights, if any) rights , of the Holders of Capital Common Securities against the Issuer in respect of any amounts paid to such Holders by the Guarantor under this GuaranteeGuarantee Agreement; provided, however, that the Guarantor shall not (except to the extent required by applicable 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 GuaranteeGuarantee Agreement, if, after giving effect to at the time of any such payment, any amounts are due and unpaid under this 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
Sources: Common Securities Guarantee Agreement (Bergen Brunswig Corp), Common Securities Guarantee Agreement (Bergen Brunswig Corp)
Subrogation. The Guarantor shall be subrogated to all (if any) rights of the Holders of Capital Securities against the Issuer in respect of any amounts paid to such Holders by the Guarantor under this GuaranteeGuarantee Agreement; provided, however, that the Guarantor shall not (except to the extent required by applicable 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 GuaranteeGuarantee Agreement, if, after giving effect to at the time of any such payment, any amounts are due and unpaid under this 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
Sources: Capital Securities Guarantee Agreement (HSBC Finance Capital Trust IX), Capital Securities Guarantee Agreement (Household International Inc)
Subrogation. The Guarantor shall be subrogated to all (if any) rights of the Holders of Capital Securities against the Issuer Trust in respect of any amounts paid to such Holders by the Guarantor under this Guarantee; provided, however, that the Guarantor shall not (except to the extent required by applicable 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 Guarantee, if, after giving effect to at the time of any such payment, any amounts are due and unpaid under this 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
Sources: Trust Preferred Securities Guarantee Agreement (Agl Capital Trust Ii), Trust Preferred Securities Guarantee Agreement (Agl Capital Trust Iii)
Subrogation. The Guarantor shall be subrogated to all (if any) rights of the Holders of the Capital Securities against the Issuer in respect of any amounts paid to such Holders by the Guarantor under this Guarantee; provided, however, that the Guarantor shall not (except to the extent required by applicable 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 Guarantee, if, after giving effect to any such payment, any amounts are due and unpaid under this 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
Sources: Guarantee Agreement (Umpqua Holdings Corp), Guarantee Agreement (Umpqua Holdings Corp)
Subrogation. The Guarantor shall be subrogated to all (if any) rights of the Holders of Capital Securities against the Issuer in respect of any amounts paid to such Holders by the Guarantor under this GuaranteeGuarantee Agreement; provided, however, that the Guarantor shall not (except to the extent required by applicable 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 GuaranteeGuarantee Agreement, if, after giving effect to at the time of any such payment, any amounts are due and unpaid under this 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
Sources: Capital Securities Guarantee Agreement (Great Western Financial Trust Iii), Capital Securities Guarantee Agreement (Great Western Financial Corp)
Subrogation. The Guarantor shall be subrogated to all (if any) rights of the Holders of Capital 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 applicable 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, after giving effect to 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
Sources: Preferred Securities Guarantee Agreement (Proassurance Corp), Preferred Securities Guarantee Agreement (Proassurance Corp)
Subrogation. The Guarantor shall be subrogated to all (if any) rights of the Holders of Capital Trust Securities against the Issuer Trust in respect of any amounts paid to such Holders by the Guarantor under this Trust Guarantee; provided, however, that the Guarantor shall not (except to the extent required by applicable 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 Guarantee, if, after giving effect to at the time of any such payment, any amounts are due and unpaid under this 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 Trust Guarantee Trustee for the benefit of the Holders.
Appears in 2 contracts
Sources: Trust Guarantee Agreement (Lehman Brothers Holdings E-Capital Trust I), Trust Guarantee Agreement (Capmark Finance Inc.)
Subrogation. The Guarantor shall be subrogated to all (if any) rights of the Holders of Capital Securities against the Issuer in respect of any amounts paid to such the Holders by the Guarantor under this 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 applicable 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 GuaranteeGuarantee Agreement, if, after giving effect to at the time of any such payment, any amounts are due and unpaid under this 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
Sources: 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 Capital Securities against the Issuer in respect of any amounts paid to such the Holders by the Guarantor under this GuaranteeGuarantee Agreement; provided, however, that the Guarantor shall not (except to the extent required by applicable 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 GuaranteeGuarantee Agreement, if, after giving effect to at the time of any such payment, any amounts are due and unpaid under this GuaranteeGuarantee Agreement. If any amount shall be paid to the Guarantor in violation of the preceding sentence, the Guarantor agrees agree to hold such amount in trust for the Holders and to pay over such amount to the Holders.
Appears in 2 contracts
Sources: Guarantee Agreement (RJR Nabisco Holdings Capital Trust Ii), Guarantee Agreement (RJR Nabisco Holdings Capital Trust Vi)
Subrogation. The Guarantor shall be subrogated to all (if any) rights of the Holders of Capital Securities against the Issuer Trust in respect of any amounts paid to such Holders by the Guarantor under this Capital Securities Guarantee; provided, however, that the Guarantor shall not (except to the extent required by applicable 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 Capital Securities Guarantee, if, after giving effect to at the time of any such payment, any amounts are due and unpaid under this 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
Sources: Capital Securities Guarantee Agreement (Southern Investments Uk Capital Trust I), Exchange Capital Securities Guarantee Agreement (Southern Investments Uk Capital Trust I)
Subrogation. The Guarantor shall be subrogated to all (if any) rights of the Holders of Capital Securities against the Issuer Trust in respect of any amounts paid to such Holders by the Guarantor under this Guarantee; provided, however, that the Guarantor shall not (except to the extent required by applicable 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 Guarantee, if, after giving effect to at the time of any such payment, any amounts are due and unpaid under this 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 Guarantee Trustee for the benefit of the Holders.
Appears in 2 contracts
Sources: Guarantee Agreement (Weyerhaeuser Co), Guarantee Agreement (Weyerhaeuser Co)
Subrogation. The Guarantor shall be subrogated to all (if ----------- any) rights of the Holders of Capital Securities against the Issuer in respect of any amounts paid to such Holders by the Guarantor under this Guarantee; provided, however, that the Guarantor shall not (except to the extent required by applicable 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 Guarantee, if, after giving effect to any such payment, any amounts are due and unpaid under this 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
Sources: Guarantee Agreement (Gateway Bancshares Inc /Ga/), Guarantee Agreement (Parke Bancorp, Inc.)
Subrogation. The Guarantor shall be subrogated to all (if any) ----------- rights of the Holders of Capital Securities against the Issuer in respect of any amounts paid to such Holders by the Guarantor under this Guarantee; provided, however, that the Guarantor shall not (except to the extent required by applicable 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 Guarantee, if, after giving effect to any such payment, any amounts are due and unpaid under this 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
Sources: Guarantee Agreement (Florida Banks Inc), Guarantee Agreement (Florida Banks Inc)
Subrogation. The Guarantor shall be subrogated to all (if any) rights of the Holders of Capital Trust Securities against the Issuer Trust in respect of any amounts paid to such Holders by the Guarantor under this Guarantee; provided, however, that the Guarantor shall not (except to the extent required by applicable 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 Guarantee, if, after giving effect to at the time of any such payment, any amounts are due and unpaid under this 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 Guarantee Trustee for the benefit of the Holders.
Appears in 2 contracts
Sources: Guarantee Agreement (Lehman Brothers Holdings Inc), Guarantee Agreement (Lehman Brothers Holdings Inc)
Subrogation. The Guarantor shall be subrogated to all (if any) rights of the Holders of Capital Securities against the Issuer Trust in respect of any amounts paid to such the Holders by the Guarantor under this GuaranteeGuarantee Agreement; provided, however, that the Guarantor shall not (except to the extent required by applicable 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 GuaranteeGuarantee Agreement, if, after giving effect to at the time of any such payment, any amounts of Guarantee Payments are due and unpaid under this 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.10
Appears in 2 contracts
Sources: Guarantee Agreement (Duke Energy Capital Trust Iii), Guarantee Agreement (Duke Capital Financing Trust V)
Subrogation. The Guarantor shall be subrogated to all (if any) rights of the Holders of Capital Securities against the Issuer Trust in respect of any amounts paid to such Holders by the Guarantor under this Guarantee; provided, however, that the Guarantor shall not (except to the extent required by applicable 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 Guarantee, if, after giving effect to if at the time of any such payment, payment any amounts are due and unpaid under this 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 Guarantee Trustee for the benefit of the Holders.
Appears in 2 contracts
Sources: Guarantee Agreement (Ocwen Capital Trust I), Guarantee Agreement (Great West Life & Annuity Insurance Capital I)
Subrogation. The Guarantor shall be subrogated to all (if any) rights of the Holders of Capital Securities against the Issuer in respect of any amounts paid to such the Holders by the Guarantor under this GuaranteeGuarantee Agreement; providedPROVIDED, howeverHOWEVER, that the Guarantor shall not (except to the extent required by applicable 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 GuaranteeGuarantee Agreement, if, after giving effect to at the time of any such payment, any amounts are due and unpaid under this 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
Sources: Guarantee Agreement (Pogo Producing Co), Guarantee Agreement (Pogo Trust Ii)
Subrogation. The Guarantor shall be subrogated to all (if any) rights of the Holders of Capital Trust Preferred Securities against the Issuer Trust in respect of any amounts paid to such Holders by the Guarantor under this Trust Guarantee; provided, however, that the Guarantor shall not (except to the extent required by applicable 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 Guarantee, if, after giving effect to at the time of any such payment, any amounts are due and unpaid under this 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 2 contracts
Sources: Trust Preferred Securities Guarantee Agreement (Hawaiian Electric Industries Capital Trust Ii), Trust Preferred Securities Guarantee Agreement (Hawaiian Electric Industries Inc)
Subrogation. The Guarantor shall be subrogated to all (if any) rights of the Holders of Capital Securities against the Issuer in respect of any amounts paid to such Holders by the Guarantor under this GuaranteeGuarantee Agreement; provided, however, that the Guarantor shall not (except to the extent required by applicable 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 GuaranteeGuarantee Agreement, if, after giving effect to at the time of any such payment, any amounts are due and unpaid under this 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
Sources: Guarantee Agreement (Gastar Exploration USA, Inc.), Guarantee Agreement (Gastar Exploration USA, Inc.)
Subrogation. The Guarantor shall be subrogated to all (if ----------- any) rights of the Holders of Capital Securities against the Issuer Trust in respect of any amounts paid to such the Holders by the Guarantor under this GuaranteeGuarantee Agreement; provided, however, that the Guarantor shall not (except to the extent required by applicable 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 GuaranteeGuarantee Agreement, if, after giving effect to at the time of any such payment, any amounts of Guarantee Payments are due and unpaid under this 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
Sources: Guarantee Agreement (Duke Capital Financing Trust Iii), Guarantee Agreement (Duke Energy Capital Trust Ii)
Subrogation. The Guarantor shall be subrogated to all (if ----------- any) rights of the Holders of Capital Securities against the Issuer in respect of any amounts paid to such Holders by the Guarantor under this Guarantee; provided, however, that the Guarantor shall not (except to the extent required -------- by applicable 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 Guarantee, if, after giving effect to any such payment, any amounts are due and unpaid under this 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
Sources: Guarantee Agreement (Nicolet Bankshares Inc), Guarantee Agreement (Nicolet Bankshares Inc)
Subrogation. The Guarantor shall be subrogated to all (if any) rights of the Holders of Capital Securities against the Issuer Trust in respect of any amounts paid to such the Holders by the Guarantor under this GuaranteeGuarantee Agreement; provided, however, that the Guarantor shall not (except to the extent required by applicable 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 GuaranteeGuarantee Agreement, if, after giving effect to at the time of any such payment, any amounts of Guarantee Payments are due and unpaid under this 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
Sources: Guarantee Agreement (Southern Energy Inc), Guarantee Agreement (Sei Trust I)
Subrogation. The Guarantor shall be subrogated to all rights (if any) rights of the Holders of Capital Securities against the Issuer in respect of any amounts paid to such the Holders by the Guarantor under this GuaranteeGuarantee Agreement; provided, however, that the Guarantor shall not (except to the extent required by applicable 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 GuaranteeGuarantee Agreement, if, after giving effect to at the time of any such payment, any amounts are due and unpaid under this 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
Sources: Guarantee Agreement (Pennsylvania Power & Light Co /Pa), Guarantee Agreement (Pennsylvania Power & Light Co /Pa)
Subrogation. The Guarantor shall be subrogated to all (rights, if any) rights , of the Holders of Capital Securities against the Issuer in respect of any amounts paid to such Holders by the Guarantor under this GuaranteeGuarantee Agreement; provided, however, that the Guarantor shall not (except to the extent required by applicable 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 GuaranteeGuarantee Agreement, if, after giving effect to at the time of any such payment, any amounts are due and unpaid under this 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
Sources: Preferred Securities Guarantee Agreement (MRM Capital Trust Iii), Preferred Securities Guarantee Agreement (MRM Capital Trust Iii)
Subrogation. The Guarantor shall be subrogated to all (if any) rights of the Holders of Capital Preferred Securities against the Issuer in respect of any amounts paid to such Holders by the Guarantor under this Guarantee; provided, however, that the Guarantor shall not (except to the extent required by applicable 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 Guarantee, if, after giving effect to at the time of any such payment, any amounts are due and unpaid under this 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
Sources: Guarantee Agreement (Waccamaw Bankshares Inc), Guarantee Agreement (Nexity Financial Corp)
Subrogation. The Guarantor shall be subrogated to all (if any) rights of the Holders of Capital Securities against the Issuer in respect of any amounts paid to such Holders by the Guarantor under this Capital Securities Guarantee; provided, however, that the Guarantor shall not (except to the extent required by applicable 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 Capital Securities Guarantee, if, after giving effect to at the time of any such payment, any amounts are due and unpaid under this 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
Sources: Capital Securities Guarantee Agreement (Life Financial Capital Trust), Capital Securities Guarantee Agreement (New York Bancorp Capital Trust)
Subrogation. The Guarantor shall be subrogated to all rights (if any) rights of the Holders of Capital Securities against the Issuer Trust in respect of any amounts paid to such the Holders by the Guarantor under this GuaranteeHITS Guarantee Agreement; provided, however, provided that the Guarantor shall not (except to the extent required by applicable 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 GuaranteeHITS Guarantee Agreement, if, after giving effect to at the time of any such payment, any amounts are due and unpaid under this GuaranteeHITS Guarantee 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
Sources: Hits Guarantee Agreement (Bank of America Corp /De/), Hits Guarantee Agreement (Bank of America Corp /De/)
Subrogation. The Guarantor shall be subrogated to all (if any) rights of the Holders of Capital Securities against the Issuer in respect of any amounts paid to such Holders by the Guarantor under this Guarantee; provided, however, that the Guarantor shall not (except to the extent required by applicable provisions of law) be entitled to enforce or exercise any right that it may acquire by way of subrogation or any indemnity, reimbursement reimb ursement or other agreement, in all cases as a result of payment under this Guarantee, if, after giving effect to any such payment, any amounts are due and unpaid under this 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 1 contract
Sources: Guarantee Agreement (Chesapeake Financial Shares Inc)
Subrogation. The Guarantor shall be subrogated to all (if any) rights of the Holders of Capital Securities against the Issuer in respect of any amounts paid to such Holders by the Guarantor under this Guarantee; provided, however, that the Guarantor shall not (except to the extent -------- ------- required by applicable 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 Guarantee, if, after giving effect to any such payment, any amounts are due and unpaid under this 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 1 contract
Sources: Guarantee Agreement (Weststar Financial Services Corp)
Subrogation. The Guarantor shall be subrogated to all (rights, if any) rights , of the Holders of Capital Securities against the Issuer Trust in respect of any amounts paid to such Holders by the Guarantor under this Guarantee; provided, however, that the Guarantor shall not (except to the extent required by applicable 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 Guarantee, if, after giving effect to at the time of any such payment, any amounts are due and unpaid under this 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 1 contract
Sources: Preferred Securities Guarantee (Pd Capital Trust Ii)
Subrogation. The Guarantor shall be subrogated to all rights (if any) rights of the Holders of Capital Securities against the Issuer Trust in respect of any amounts paid to such the Holders by the Guarantor under this Guarantee18 Guarantee Agreement; provided, however, that the Guarantor shall not (except to the extent required by applicable 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 GuaranteeGuarantee Agreement, if, after giving effect to at the time of any such payment, any amounts are due and unpaid under this 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 1 contract
Subrogation. The Guarantor shall be subrogated to all (if any) rights of the Holders of Capital Securities against the Issuer in respect of any amounts paid to such the Holders by the Guarantor under this 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 applicable 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 GuaranteeGuarantee Agreement, if, after giving effect to at the time of any such payment, any amounts are due and unpaid under this 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.preceding
Appears in 1 contract
Sources: Guarantee Agreement (Mbna Corp)