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