Event of Default; Notice. (a) The Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default known to the Guarantee Trustee, transmit by mail, first class postage prepaid, to the Holders, notice of any such Event of Default known to the Guarantee Trustee, unless such Event of Default has been cured before the giving of such notice, provided that, except in the case of a default in the payment of a Guarantee Payment, the Guarantee Trustee shall be protected in withholding such notice if and so long as the board of directors, the executive committee or a trust committee of directors and/or Responsible Officers of the Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders. (b) The Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless the Guarantee Trustee shall have received written notice, or a Responsible Officer charged with the administration of this Guarantee Agreement shall have obtained written notice, of such Event of Default.
Appears in 41 contracts
Samples: Guarantee Agreement (First Merchants Corp), Guarantee Agreement (Superior Bancorp), Guarantee Agreement (Bb&t Corp)
Event of Default; Notice. (a) The Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default known to the Guarantee TrusteeDefault, transmit by mail, first class postage prepaid, to the Holders, notice notices of any such Event all Events of Default known to the Guarantee Trustee, unless such Event of Default has defaults have been cured before the giving of such notice, provided provided, that, except in the case of a default in the payment of a Guarantee Payment, the Guarantee Trustee shall be protected in withholding such notice if and so long as the board Board of directorsDirectors, the executive committee or a trust committee of directors and/or Responsible Officers of the Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders.
(b) The Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless the Guarantee Trustee shall have received written notice, or a Responsible Officer charged with the administration of this Guarantee Agreement shall have obtained written notice, of such Event of Default.
Appears in 38 contracts
Samples: Guarantee Agreement (Keycorp Institutional Capital B), Guarantee Agreement (First Bank System Inc), Guarantee Agreement (SVB Capital I)
Event of Default; Notice. (a) The Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default known to the Guarantee TrusteeDefault, transmit by mail, first class postage prepaid, to the Holders, notice notices of any such Event all Events of Default known to the Guarantee Trustee, unless such Event of Default has defaults have been cured before the giving of such notice, provided provided, that, except in the case of a default in the payment of a Guarantee Payment, the Guarantee Trustee shall be protected in withholding such notice if and so long as the board Board of directorsDirectors, the executive committee or a trust committee of directors and/or Responsible Officers of the Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders.
(b) The Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless the Guarantee Trustee shall have received written notice, or a Responsible Officer charged with the administration of this Guarantee the Trust Agreement shall have obtained written notice, of such Event of Default.
Appears in 37 contracts
Samples: Guarantee Agreement (Southwest Gas Corp), Guarantee Agreement (Southwest Gas Corp), Guarantee Agreement (Lincoln National Corp)
Event of Default; Notice. (a) The Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default known to the Guarantee TrusteeDefault, transmit by mail, first class postage prepaid, to the Holders, notice notices of any such Event all Events of Default actually known to the Guarantee Trustee, unless such Event of Default has defaults have been cured before the giving of such notice, provided provided, that, except in the case of a default in the payment of a Guarantee Payment, the Guarantee Trustee shall be protected in withholding such notice if and so long as the board Board of directorsDirectors, the executive committee or a trust committee of directors and/or Responsible Officers of the Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders.
(b) The Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless the Guarantee Trustee shall have received written notice, or a Responsible Officer charged with the administration of this Guarantee Agreement shall have obtained written notice, of such Event of Default.
Appears in 35 contracts
Samples: Guarantee Agreement (Susquehanna Bancshares Inc), Guarantee Agreement (Susquehanna Capital IV), Guarantee Agreement (Susquehanna Bancshares Inc)
Event of Default; Notice. (a) The Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default known to the Guarantee TrusteeDefault, transmit by mail, first class postage prepaid, to the Holders, notice notices of any such Event all Events of Default known to the Guarantee Trustee, unless such Event Events of Default has have been cured before the giving of such notice, ; provided that, except in the case of a default in the payment of a Guarantee Payment, the Guarantee Trustee shall be protected in withholding such notice if and so long as the board Board of directorsDirectors, the executive committee or a trust committee of directors and/or Responsible Officers of the Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders.
(b) The Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless the Guarantee Trustee shall have received written notice, or a Responsible Officer charged with the administration of this Guarantee Agreement shall have obtained received written notice, notice of such Event of Default.
Appears in 31 contracts
Samples: Guarantee Agreement (S&t Bancorp Inc), Guarantee Agreement (M&t Bank Corp), Guarantee Agreement (S&t Bancorp Inc)
Event of Default; Notice. (a) The Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default known to the Guarantee TrusteeDefault, transmit by mail, first class postage prepaid, to the Holders, notice of any such Event of Default known to the Guarantee Trustee, unless such Event of Default has been cured before the giving of such notice, provided that, except in the case of a default in the payment of a Guarantee Payment, the Guarantee Trustee shall be protected in withholding such notice if and so long as the board of directors, the executive committee or a trust committee of directors and/or Responsible Officers of the Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders.
(b) The Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless the Guarantee Trustee shall have received written notice, or a Responsible Officer an officer of the Guarantee Trustee charged with the administration of this Guarantee Agreement shall have obtained written noticeactual knowledge, of such Event of Default.
Appears in 22 contracts
Samples: Guarantee Agreement (Fifth Third Capital Trust VIII), Guarantee Agreement (Fifth Third Capital Trust VIII), Guarantee Agreement (BEE Financing Trust III)
Event of Default; Notice. (a) The Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default known to the Guarantee TrusteeDefault, transmit by mail, first class postage prepaid, to the HoldersHolders of the Preferred Securities, notice notices of any such Event all Events of Default actually known to a Responsible Officer of the Guarantee Trustee, unless such Event of Default has defaults have been cured before the giving of such notice; provided, provided that, except in the case of a default in the by Guarantor on any of its payment of a Guarantee Paymentobligations, the Guarantee Trustee shall be protected in withholding such notice if and so long as the board of directors, the executive committee or a trust committee of directors and/or Responsible Officers Officer of the Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the HoldersHolders of the Preferred Securities.
(b) The Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless the Guarantee Trustee shall have received written notice, or of which a Responsible Officer of the Guarantee Trustee charged with the administration of this Guarantee the Trust Agreement shall have obtained written notice, of such Event of Defaultactual knowledge.
Appears in 19 contracts
Samples: Preferred Securities Guarantee Agreement (Independent Bank Corp /Mi/), Preferred Securities Guarantee Agreement (R&g Capital Trust V), Preferred Securities Guarantee Agreement (Southern Community Financial Corp)
Event of Default; Notice. (a) The Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default known to the Guarantee TrusteeDefault, transmit by mail, first class postage prepaid, to the Holders, notice of any such Event of Default known to the Guarantee Trustee, unless such Event of Default has been cured before the giving of such notice, provided that, except in the case of a default in the payment of a Guarantee Payment, the Guarantee Trustee shall be protected in withholding such notice if and so long as the board of directors, the executive committee or a trust committee of directors and/or Responsible Officers of the Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders.
(b) The Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless the Guarantee Trustee shall have received written notice, or a Responsible Officer charged with the administration of this Guarantee Agreement shall have obtained written noticeactual knowledge, of such Event of Default.
Appears in 16 contracts
Samples: Guarantee Agreement (Bank of New York Co Inc), Guarantee Agreement (Northern Trust Corp), Guarantee Agreement (Fifth Third Capital Trust Iv)
Event of Default; Notice. (a) The Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default known to the Guarantee TrusteeDefault, transmit by mail, first class postage prepaid, to the Holders, notice of any such Event all Events of Default known to the Guarantee Trustee, unless such Event Events of Default has have been cured or waived before the giving of such notice, ; provided that, except in the case of a default in the payment of a Guarantee Payment, the Guarantee Trustee shall be protected in withholding such notice if and so long as the board Board of directorsDirectors, the executive committee or a trust committee of directors and/or Responsible Officers of the Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders.
(b) The Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless the Guarantee Trustee shall have received written notice, or a Responsible Officer charged with the administration of this Guarantee Agreement shall have obtained received written notice, notice of such Event of Default.
Appears in 15 contracts
Samples: Guarantee Agreement (CCF Holding Co), Guarantee Agreement (Mountain National Bancshares Inc), Guarantee Agreement (SBCF Capital Trust IV)
Event of Default; Notice. (a) The Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default known to the Guarantee TrusteeDefault, transmit by mail, first class postage prepaid, to the Holders, notice notices of any such Event all Events of Default known to the Guarantee Trustee, unless such Event Events of Default has have been cured before the giving of such notice, ; provided that, except in the case of a default in the payment of a Guarantee Payment, the Guarantee Trustee shall be protected in withholding such notice if and so long as the board Board of directorsDirectors, the executive committee or a trust committee of directors and/or Responsible Officers of the Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders.
(b) The Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless the Guarantee Trustee shall have received written notice, or (i) a Responsible Officer charged with the administration of this Guarantee Agreement shall have obtained received written notice, notice of such Event of Default, or (ii) a Responsible Officer of the Guarantee Trustee charged with administration of the Trust Agreement shall have obtained actual knowledge thereof.
Appears in 13 contracts
Samples: Junior Subordinated Debentures Guarantee Agreement (American Safety Insurance Group LTD), Preferred Securities Guarantee Agreement (American Safety Insurance Group LTD), Guarantee Agreement (Gbci Capital Trust Ii)
Event of Default; Notice. (a) The Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default known to the Guarantee TrusteeDefault, transmit by mail, first class postage prepaid, to the Holders, a notice of any such Event of Default known to the Guarantee Trustee, unless such Event of Default has default shall have been cured or waived before the giving of such notice, provided that, except in the case of a default in the payment of a Guarantee Payment, the Guarantee Trustee shall be protected in withholding such notice if and so long as the board of directors, the executive committee committee, or a trust committee of directors and/or or Responsible Officers of the Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders.
(b) The Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless the Guarantee Trustee shall have received written notice, or a Responsible Officer of the Guarantee Trustee charged with the administration of this Guarantee Agreement shall have obtained received written notice, in each case from the Guarantor or a Holder, of such Event of Default.
Appears in 12 contracts
Samples: Trust Securities Guarantee Agreement (PPL Capital Funding Inc), Trust Securities Guarantee Agreement (Southwestern Electric Power Co), Trust Securities Guarantee Agreement (Southwestern Electric Power Co)
Event of Default; Notice. (a) The Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default known to the Guarantee Trustee, transmit by mail, first class postage prepaid, to the Holders, notice notices of any all such Event Events of Default known to the Guarantee TrusteeDefault, unless such Event of Default has defaults have been cured or waived before the giving of such notice, provided thatprovided, except in the case of a default in the payment of a Guarantee Payment, the Guarantee Trustee shall be protected in withholding such notice if and so long as a the board of directors, the executive committee or a trust committee of directors and/or Responsible Officers of the Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders.
(b) The Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless the Guarantee Trustee shall have received written notice, or a Responsible Officer of the Guarantee Trustee charged with the administration of this Guarantee the Trust Agreement shall have obtained written notice, of such Event of Default.
Appears in 10 contracts
Samples: Capital Securities Guarantee Agreement (Ace LTD), Guarantee Agreement (MRH Capital Trust I), Guarantee Agreement (Renaissancere Holdings LTD)
Event of Default; Notice. (a) The Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default known to the Guarantee TrusteeDefault, transmit by mail, first class postage prepaid, to the HoldersHolders of all Preferred Securities, notice notices of any such Event all Events of Default actually known to a Responsible Officer of the Guarantee Trustee, unless such Event Events of Default has have been cured before the giving of such notice, provided provided, that, except in the case of a default in the payment of a Guarantee Payment, the Guarantee Trustee shall be protected in withholding such notice if and so long as the board Board of directors, the executive committee or a trust committee of directors Directors and/or Responsible Officers of the Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders.
(b) The Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless the Guarantee Trustee shall have received written notice, or a Responsible Officer charged with the administration of this Guarantee Agreement shall have obtained written notice, of such Event of Default.
Appears in 8 contracts
Samples: Guarantee Agreement (Regions Financing Trust Iii), Guarantee Agreement (Regions Financing Trust Ii), Guarantee Agreement (Regions Financing Trust Ii)
Event of Default; Notice. (a) The Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default known to the Guarantee Trustee, transmit by mail, first class postage prepaid, to the Holders, notice notices of any all such Event Events of Default known to the Guarantee TrusteeDefault, unless such Event of Default has defaults have been cured or waived before the giving of such notice, provided thatprovided, except in the case of a default in the payment by the Guarantor of a any amount due under this Guarantee PaymentAgreement, the Guarantee Trustee shall be protected in withholding such notice if and so long as the board of directors, the executive committee or a trust committee of directors and/or Responsible Officers of the Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders.
(b) The Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless the Guarantee Trustee shall have received written noticenotice and such notice references this Guarantee or the Indenture, or a Responsible Officer charged with of the administration of this Guarantee Agreement Trustee shall have actual knowledge or shall have obtained written noticenotice and such notice references this Guarantee or the Indenture, of such Event of Default.
Appears in 8 contracts
Samples: Senior Debt Securities Guarantee Agreement (PartnerRe Finance B LLC), Senior Debt Securities Guarantee Agreement (PartnerRe Finance B LLC), Senior Debt Securities Guarantee Agreement (PartnerRe Finance B LLC)
Event of Default; Notice. (a) The Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default known to the Guarantee TrusteeDefault, transmit by mail, first class postage prepaid, to the HoldersHolders of the Preferred Securities, notice notices of any such Event all Events of Default actually known to a Responsible Officer of the Guarantee Trustee, unless such Event of Default has defaults have been cured before the giving of such notice; PROVIDED, provided that, except in the case of a default in the by Guarantor on any of its payment of a Guarantee Paymentobligations, the Guarantee Trustee shall be protected in withholding such notice if and so long as the board of directors, the executive committee or a trust committee of directors and/or Responsible Officers Officer of the Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the HoldersHolders of the Preferred Securities.
(b) The Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless the Guarantee Trustee shall have received written notice, or of which a Responsible Officer of the Guarantee Trustee charged with the administration of this Guarantee the Trust Agreement shall have obtained written notice, of such Event of Defaultactual knowledge.
Appears in 7 contracts
Samples: Preferred Securities Guarantee Agreement (Local Financial Capital Trust I), Preferred Securities Guarantee Agreement (Local Financial Corp /Nv), Preferred Securities Guarantee Agreement (First Merchants Capital Trust I)
Event of Default; Notice. (a) The Guarantee Trustee shall, within 90 10 days after the occurrence of an Event of Default known to the Guarantee Trustee, transmit by mail, first class postage prepaid, to the Holders, notice of any such Event of Default known to the Guarantee Trustee, unless such Event of Default has been cured before the giving of such notice, provided that, except in the case of a default in the payment of a Guarantee Payment, the Guarantee Trustee shall be protected in withholding such notice if and so long as the board of directors, the executive committee or a trust committee of directors and/or Responsible Officers of the Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders.
(b) The Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless the Guarantee Trustee shall have received written notice, or a Responsible Officer charged with the administration of this Guarantee Agreement shall have obtained written notice, of such Event of Default.
Appears in 7 contracts
Samples: Guarantee Agreement (Whitney Capital Trust I), Guarantee Agreement (Whitney Capital Trust I), Guarantee Agreement (Whitney Capital Trust I)
Event of Default; Notice. (a) The Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default known to the Guarantee TrusteeDefault, transmit by mail, first class postage prepaid, to the Holders, notice notices of any such Event all Events of Default actually known to a Responsible Officer of the Guarantee Trustee, unless such Event of Default has defaults have been cured before the giving of such notice, provided provided, that, except in the case of a default in the payment of a Guarantee Payment, the Guarantee Trustee shall be protected in withholding such notice if and so long as the board Board of directorsDirectors, the executive committee or a trust committee of directors and/or Responsible Officers of the Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders.
(b) The Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless a Responsible Officer of the Guarantee Trustee shall have received written notice, or a Responsible Officer charged with the administration of this Guarantee Agreement shall have obtained written notice, notice of such Event of Default.
Appears in 7 contracts
Samples: Guarantee Agreement (Hartford Capital Iv /De/), Guarantee Agreement (Principal Financial Group Inc), Guarantee Agreement (Chubb Capital Trust Iii)
Event of Default; Notice. (a) The Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default known to the Guarantee TrusteeDefault, transmit by mail, first class postage prepaid, to the HoldersHolders of the Capital Securities, notice notices of any such Event all Events of Default actually known to a Responsible Officer of the Guarantee Trustee, unless such Event of Default has defaults have been cured or waived before the giving of such notice; provided, provided that, except in the case of a default in the by Guarantor on any of its payment of a Guarantee Paymentobligations, the Guarantee Trustee shall be protected in withholding such notice if and so long as the board of directors, the executive committee or a trust committee of directors and/or Responsible Officers Officer of the Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the HoldersHolders of the Capital Securities.
(b) The Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless the Guarantee Trustee shall have received written notice, or of which a Responsible Officer of the Guarantee Trustee charged with the administration of this Guarantee the Trust Agreement shall have obtained written notice, of such Event of Defaultactual knowledge.
Appears in 6 contracts
Samples: Capital Securities Guarantee Agreement (Great Southern Capital Trust IV), Capital Securities Guarantee Agreement (First Financial Capital Trust II), Capital Securities Guarantee Agreement (First Financial Capital Trust II)
Event of Default; Notice. (a) The Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default known to the Guarantee TrusteeDefault, transmit by mail, first class postage prepaid, to the Holders, notice of any such Event of Default known to the Guarantee Trustee, unless such Event of Default has been cured before the giving of such notice, provided that, except in the case of a default in the payment of a Guarantee Payment, the Guarantee Trustee shall be protected in withholding such notice if and so long as the board of directors, the executive committee or a trust committee of directors and/or Responsible Officers of the Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders.
(b) The Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless the Guarantee Trustee shall have received written notice, or a Responsible Officer an officer of the Guarantee Trustee charged with the administration of this Guarantee Agreement shall have obtained written notice, notice of such Event of Default.
Appears in 5 contracts
Samples: Preferred Securities Guarantee Agreement (Evans Capital Trust III), Preferred Securities Guarantee Agreement (Evans Capital Trust III), Preferred Securities Guarantee Agreement (Privatebancorp, Inc)
Event of Default; Notice. (a) The Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default actually known to a Responsible Officer of the Guarantee Trustee, transmit by mail, first class postage prepaid, to the Holders, notice of any such Event of Default known to the Guarantee TrusteeDefault, unless such Event of Default has been cured before the giving of such notice, provided that, except in the case of a default in the payment of a Guarantee Payment, the Guarantee Trustee shall be protected in withholding such notice if and so long as the board of directors, the executive committee or a trust committee of directors and/or Responsible Officers of the Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders.
(b) The Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless the Guarantee Trustee shall have received written notice, or a Responsible Officer charged with the administration of this Guarantee Agreement shall have obtained written noticeactual knowledge, of such Event of Default.
Appears in 5 contracts
Samples: Guarantee Agreement (CSC Capital Iii), Guarantee Agreement (First Coastal Capital Trust), Guarantee Agreement (First Hawaiian Capital I)
Event of Default; Notice. (a) The Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default known to the Guarantee TrusteeDefault, transmit by mail, first class postage prepaid, to the Holders, notice of any such Event all Events of Default known to the Guarantee Trustee, unless such Event Events of Default has have been cured before the giving of such notice, provided that; PROVIDED THAT, except in the case of a default in the payment of a Guarantee Payment, the Guarantee Trustee shall be protected in withholding such notice if and so long as the board Board of directorsDirectors, the executive committee or a trust committee of directors and/or Responsible Officers of the Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders.
(b) The Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless the Guarantee Trustee shall have received written notice, or a Responsible Officer charged with the administration of this Guarantee Agreement shall have obtained received written notice, notice of such Event of Default.
Appears in 5 contracts
Samples: Guarantee Agreement (Southern Bancshares Nc Inc), Guarantee Agreement (Fidbank Capital Trust I), Guarantee Agreement (Fidbank Capital Trust I)
Event of Default; Notice. (a) The Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default known to the Guarantee TrusteeDefault, transmit by mail, first class postage prepaid, to the Holders, notice of any such Event all Events of Default known to the Guarantee Trustee, unless such Event Events of Default has have been cured before the giving of such notice, ; provided that, except in the case of a default in the payment of a Guarantee Payment, the Guarantee Trustee shall be protected in withholding such notice if and so long as the board Board of directorsDirectors, the executive committee or a trust committee of directors and/or Responsible Officers of the Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders.
(b) The Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless the Guarantee Trustee shall have received written notice, or a Responsible Officer charged with the administration of this Guarantee Agreement shall have obtained received written notice, notice of such Event of Default.
Appears in 5 contracts
Samples: Guarantee Agreement (First Citizens Bancorporation Inc), Guarantee Agreement (First Citizens Bancshares Inc /De/), Guarantee Agreement (FCB Nc Capital Trust I)
Event of Default; Notice. (a) The Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default known to the Guarantee TrusteeDefault, transmit by mail, first class postage prepaid, to the Holders, notice notices of any such Event all Events of Default actually known to a Responsible Officer of the Guarantee Trustee, unless such Event of Default has defaults have been cured before the giving of such notice, provided provided, that, except in the case of a default in the payment of a Guarantee Payment, the Guarantee Trustee shall be fully protected in withholding such notice if and so long as the board Board of directorsDirectors, the executive committee or a trust committee of directors and/or Responsible Officers of the Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders.
(b) The Guarantee Trustee shall not be deemed to have actual knowledge of any Event of Default unless the Guarantee Trustee shall have received written notice, or a Responsible Officer charged with the administration of this Guarantee the Trust Agreement shall have obtained written notice, of such Event of Default.
Appears in 5 contracts
Samples: Guarantee Agreement (Newell Financial Trust I), Guarantee Agreement (Dayton Superior Capital Trust), Guarantee Agreement (Dura Automotive Systems Inc)
Event of Default; Notice. (a) The Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default known to the Guarantee Trustee, transmit by mail, first class postage prepaid, to the Holders, notice notices of any such Event all Events of Default known to the Guarantee TrusteeDefault, unless such Event of Default has defaults have been cured or waived before the giving of such notice, provided provided, that, except in the case of a default in the payment of a Guarantee Payment, the Guarantee Trustee shall be protected in withholding such notice if and so long as the board Board of directorsDirectors, the executive committee or a trust committee of directors and/or Responsible Officers of the Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders.
(b) The Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless the Guarantee Trustee shall have received written notice, or a Responsible Officer charged with the administration of this Guarantee the Trust Agreement shall have obtained written notice, of such Event of Default.
Appears in 5 contracts
Samples: Guarantee Agreement (Lincoln National Corp), Guarantee Agreement (Lincoln National Corp), Guarantee Agreement (Lincoln National Corp)
Event of Default; Notice. (a) The Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default known to the Guarantee Trustee, transmit by mail, first class postage prepaid, to the Holders, Holders notice of any such Event of Default known to the Guarantee TrusteeDefault, unless such Event of Default has been cured before the giving of such notice, provided that, except in the case of a default in the payment of a Guarantee Payment, the Guarantee Trustee shall be protected in withholding such notice if and so long as the board of directors, the executive committee or a trust committee of directors and/or Responsible Officers of the Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders.
(b) The Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless the Guarantee Trustee shall have received written notice, or a Responsible Officer charged with the administration of this Guarantee Agreement shall have obtained written noticeactual knowledge, of such Event of Default.
Appears in 5 contracts
Samples: Guarantee Agreement (Popular Inc), Guarantee Agreement (Popular Inc), Guarantee Agreement (Popular North America Capital Trust Iii)
Event of Default; Notice. (a) The Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default known to the Guarantee Trustee, transmit by mail, first class postage prepaid, to the Holders, notice notices of any all such Event Events of Default known to the Guarantee Trustee, unless such Event of Default has defaults have been cured or waived before the giving of such notice; provided, provided that, except in the case of a default in the payment of a Guarantee Payment, the Guarantee Trustee shall be protected in withholding such notice if and so long as the board Board of directorsDirectors, the executive committee or a trust committee of directors and/or Responsible Officers of the Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders.
(b) The Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless the Guarantee Trustee shall have received written notice, or a Responsible Officer charged with the administration of this Guarantee the Trust Agreement shall have obtained written notice, of such Event of Default.
Appears in 5 contracts
Samples: Guarantee Agreement (Actuant CORP Capital Trust II), Guarantee Agreement (HCC Capital Trust Ii), Guarantee Agreement (Onb Capital Trust Vi)
Event of Default; Notice. (a) The Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default known to the Guarantee TrusteeDefault, transmit by mail, first class postage prepaid, to the Holders, notice notices of any such Event all Events of Default known to the Guarantee Trustee, unless such Event of Default has defaults have been cured before the giving of such notice, provided provided, that, except in the case of a default in the payment of a Guarantee Payment, the Guarantee Trustee shall be protected in withholding such notice if and so long as the board Board of directorsDirectors, the executive committee or a trust committee of directors and/or Responsible Officers of the Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders.
(b) The Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless the Guarantee Trustee shall have received written notice, or a Responsible Officer charged with the administration of this Guarantee Agreement the Declaration of Trust shall have obtained written notice, of such Event of Default.
Appears in 5 contracts
Samples: Guarantee Agreement (Boise Cascade Corp), Guarantee Agreement (Boise Cascade Corp), Guarantee Agreement (Bowater Inc)
Event of Default; Notice. (a) The Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default known to the Guarantee Trustee, transmit by mail, first class postage prepaid, to the HoldersHolders of the Company Preferred Securities, notice notices of any all such Event Events of Default known to the Guarantee Trustee, unless such Event of Default has defaults have been cured or waived before the giving of such notice; provided, provided that, except in the case of a default in the payment of a Guarantee Payment, the Guarantee Trustee shall be protected in withholding such notice if and so long as the board Board of directorsDirectors, the executive committee or a trust committee of directors and/or Responsible Officers of the Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders.
(b) The Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless the Guarantee Trustee shall have received written notice, or a Responsible Officer charged with the administration of this Guarantee the Trust Agreement shall have obtained written notice, of such Event of Default.
Appears in 5 contracts
Samples: Guarantee Agreement (Teco Energy Inc), Guarantee Agreement (Teco Energy Inc), Limited Liability Company Agreement (Teco Capital Trust Iii)
Event of Default; Notice. (a) The Guarantee Trustee shall, within 90 30 days after the occurrence of an Event of Default known to the Guarantee Trustee, transmit by mail, first class postage prepaid, to the Holders, notice of any such Event of Default known to the Guarantee Trustee, unless such Event of Default has been cured before the giving of such notice, provided that, except in the case of a default in the payment of a Guarantee Payment, the Guarantee Trustee shall be protected in withholding such notice if and so long as the board Board of directorsDirectors, the executive committee or a trust committee of directors and/or Responsible Officers of the Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders.
(b) The Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless the Guarantee Trustee shall have received written notice, or a Responsible Officer charged with the administration of this Guarantee Agreement shall have obtained written notice, of such Event of Default.
Appears in 5 contracts
Samples: Guarantee Agreement (Metlife Inc), Guarantee Agreement (Metlife Inc), Guarantee Agreement (Metlife Inc)
Event of Default; Notice. (a) The Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default known to the Guarantee TrusteeDefault, transmit by mail, first class postage prepaid, to the Holders, notice notices of any such Event all Events of Default known to the Guarantee Trustee, unless such Event Events of Default has have been cured before the giving of such notice, provided provided, that, except in the case of a default in the payment of a Guarantee Payment, the Guarantee Trustee shall be protected in withholding such notice if and so long as the board Board of directorsDirectors, the executive committee or a trust committee of directors and/or Responsible Officers of the Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders.
(b) The Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless the Guarantee Trustee shall have received written notice, or a Responsible Officer charged with the administration of this Guarantee Agreement shall have obtained written notice, of such Event of Default.
Appears in 4 contracts
Samples: Guarantee Agreement (Bankamerica Capital Viii), Guarantee Agreement (Pmi Group Inc), Guarantee Agreement (Pmi Capital I)
Event of Default; Notice. (a) The Guarantee Trustee shall, within 90 days after the occurrence of an a Guarantor Event of Default known to the Guarantee Trustee, transmit by mail, first class postage prepaid, to the HoldersHolders of the Junior Subordinated Notes, notice notices of any all such Event Guarantor Events of Default known to the Guarantee TrusteeDefault, unless such Event of Default has defaults have been cured or waived before the giving of such notice, provided thatprovided, except in the case of a default in the payment by the Guarantor of a any amount due under this Guarantee PaymentAgreement, the Guarantee Trustee shall be protected in withholding such notice if and so long as the board of directors, the executive committee or a trust committee of directors and/or Responsible Officers of the Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the HoldersHolders of the Junior Subordinated Notes.
(b) The Guarantee Trustee shall not be deemed to have knowledge of any Guarantor Event of Default unless a Responsible Officer of the Guarantee Trustee shall have received written noticeactual knowledge, or a Responsible Officer charged with the administration of this Guarantee Agreement shall have obtained received written notice, of such Event of Default.
Appears in 4 contracts
Samples: Junior Subordinated Debt Securities Guarantee Agreement (RenaissanceRe Finance Inc.), Junior Subordinated Debt Securities Guarantee Agreement (RenaissanceRe Finance Inc.), Junior Subordinated Debt Securities Guarantee Agreement (RenaissanceRe Finance Inc.)
Event of Default; Notice. (a) The Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default known to the Guarantee Trustee, transmit by mail, first class postage prepaid, to the Holders, notice notices of any all such Event Events of Default known to the Guarantee TrusteeDefault, unless such Event of Default has defaults have been cured or waived before the giving of such notice, provided thatprovided, except in the case of a default in the payment by the Guarantor of a any amount due under this Guarantee PaymentAgreement, the Guarantee Trustee shall be protected in withholding such notice if and so long as a the board of directors, the executive committee or a trust committee of directors and/or Responsible Officers of the Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders.
(b) The Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless the Guarantee Trustee shall have received written notice, or a Responsible Officer charged with of the administration of this Guarantee Agreement Trustee shall have actual knowledge or shall have obtained written notice, of such Event of Default.
Appears in 4 contracts
Samples: Senior Debt Securities Guarantee Agreement (Renaissancere Holdings LTD), Junior Subordinated Debt Securities Guarantee Agreement (Renaissancere Holdings LTD), Subordinated Debt Securities Guarantee Agreement (Renaissancere Holdings LTD)
Event of Default; Notice. (a) The Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default known to the Guarantee TrusteeDefault, transmit by mail, first class postage prepaid, to the Holders, notice Holders notices of any such Event all Events of Default known to the Guarantee Trustee, unless such Event Events of Default has have been cured before the giving of such notice, provided provided, that, except in the case of a default in the payment of a Guarantee Payment, the Guarantee Trustee shall be protected in withholding such notice if and so long as the board Board of directorsDirectors, the executive committee or a trust committee of directors and/or Responsible Officers of the Guarantee Trustee in good faith determines that the withholding of such notice is in the best interests of the Holders.
(b) The Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless the Guarantee Trustee shall have received written notice, or a Responsible Officer charged with the administration of this Guarantee Agreement shall have obtained written notice, of such Event of Default.
Appears in 4 contracts
Samples: Guarantee Agreement (Cna Financial Capital Iii), Guarantee Agreement (Cna Financial Capital Iii), Guarantee Agreement (Cna Financial Capital Iii)
Event of Default; Notice. (a) The Guarantee Trustee shall, within 90 days after the occurrence of a default which with notice or the passage of time, or both, could become an Event of Default known to the Guarantee TrusteeDefault, transmit by mail, first class postage prepaid, to the Holders, notice notices of any all such Event of Default defaults known to the Guarantee Trustee, unless such Event of Default has defaults have been cured before the giving of such notice, provided provided, that, except in the case of a default in the payment of a Guarantee Payment, the Guarantee Trustee shall be protected in withholding such notice if and so long as the board Board of directorsDirectors, the executive committee or a trust committee of directors and/or Responsible Officers of the Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders.
(b) The Guarantee Trustee shall not be deemed to have knowledge of any Event of Default such default unless the Guarantee Trustee shall have received written notice, or a Responsible Officer charged with the administration of this Guarantee Agreement shall have obtained written notice, of such Event of Defaultdefault.
Appears in 4 contracts
Samples: Guarantee Agreement (Bancfirst Corp /Ok/), Guarantee Agreement (Silicon Valley Bancshares), Guarantee Agreement (Silicon Valley Bancshares)
Event of Default; Notice. (a) The Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default known to the Guarantee TrusteeDefault, transmit by mail, first class postage prepaid, to the Holders, notice of any such Event all Events of Default known to the Guarantee Trustee, unless such Event Events of Default has have been cured before the giving of such notice; provided, provided that, except in the case of a default in the payment of a Guarantee Payment, the Guarantee Trustee shall be protected in withholding such notice if and so long as the board Board of directorsDirectors, the executive committee or a trust committee of directors and/or Responsible Officers of the Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders.
(b) The Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless the Guarantee Trustee shall have received written notice, or a Responsible Officer charged with the administration of this Guarantee Agreement the Declaration of Trust shall have obtained received written notice, notice of such Event of Default.
Appears in 4 contracts
Samples: Guarantee Agreement (Republic New York Capital Ii), Guarantee Agreement (Republic New York Capital I), Junior Subordinated Indenture (Republic New York Capital Iv)
Event of Default; Notice. (a) The Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default known to the Guarantee Trustee, transmit by mail, first class postage prepaid, to the Holders, notice notices of any such Event all Events of Default known to the Guarantee TrusteeDefault, unless such Event of Default has defaults have been cured or waived before the giving of such notice, provided provided, that, except in the case of a default in the payment of a Guarantee Payment, the Guarantee Trustee shall be protected in withholding such notice if and so long as the board of directors, the executive committee or a trust committee of directors and/or Responsible Officers of the Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders.
(b) The Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless the Guarantee Trustee shall have received written notice, or a Responsible Officer charged with the administration of this Guarantee the Trust Agreement shall have obtained written notice, of such Event of Default.
Appears in 4 contracts
Samples: Guarantee Agreement (Lincoln National Corp), Guarantee Agreement (Lincoln National Corp), Guarantee Agreement (Lincoln National Corp)
Event of Default; Notice. (a) The Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default known to the Guarantee Trustee, transmit by mail, first class postage prepaid, to the Holders, notice of any such Event of Default known to the Guarantee TrusteeDefault, unless such Event of Default has been cured before the giving of such notice, ; provided that, except in the case of a default in the payment of a Guarantee Payment, the Guarantee Trustee shall be protected in withholding such notice if and so long as the board of directors, the executive committee or a trust committee of directors and/or Responsible Officers of the Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders.
(b) The Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless the Guarantee Trustee shall have received written notice, or a Responsible Officer charged with the administration of this Guarantee Agreement shall have obtained written noticeactual knowledge, of such Event of Default.
Appears in 4 contracts
Samples: Guarantee Agreement (Bny Capital Vii), Guarantee Agreement (Sterling Bancorp Trust I), Guarantee Agreement (Bank of New York Co Inc)
Event of Default; Notice. (a) The Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default known to the Guarantee TrusteeDefault, transmit by mail, first class postage prepaid, to the Holders, notice of any such Event of Default known to the Guarantee Trustee, unless such Event of Default has been cured before the giving of such notice, provided that, except in the case of a default in the payment of a Guarantee Payment, the Guarantee Trustee shall be protected in withholding such notice if and so long as the board of directors, the executive committee or a trust committee of directors and/or Responsible Officers of the Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders.
(b) The Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless the Guarantee Trustee shall have received written notice, or a Responsible Officer charged with the administration of this Guarantee Agreement shall have obtained written notice, of such Event of Default.
Appears in 4 contracts
Samples: Capital Securities Guarantee Agreement (Cullen Frost Capital Trust Ii), Capital Securities Guarantee Agreement (Cullen Frost Capital Trust I), Guarantee Agreement (Bny Capital V)
Event of Default; Notice. (a) The Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default known to the Guarantee TrusteeDefault, transmit by mail, first class postage prepaid, to the Holders, notice notices of any such Event all Events of Default actually known to a Responsible Officer of the Guarantee Trustee, unless such Event of Default has defaults have been cured before the giving of such notice; provided, provided that, except in the case of a default in the payment of a Guarantee Payment, the Guarantee Trustee shall be fully protected in withholding such notice if and so long as the board Board of directorsDirectors, the executive committee or a trust committee of directors and/or Responsible Officers of the Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders.
(b) The Guarantee Trustee shall not be deemed to have actual knowledge of any Event of Default unless the Guarantee Trustee shall have received written notice, or a Responsible Officer charged with the administration of this Guarantee the Trust Agreement shall have obtained written notice, of such Event of Default.
Appears in 4 contracts
Samples: Merger Agreement (Ilm Senior Living Inc /Va), Merger Agreement (Capital Senior Living Corp), Merger Agreement (Ilm Ii Senior Living Inc /Va)
Event of Default; Notice. (a) The Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default known to the Guarantee Trustee, transmit by mail, first class postage prepaid, to the Holders, notice notices of any all such Event Events of Default known to the Guarantee TrusteeDefault, unless such Event of Default has defaults have been cured or waived before the giving of such notice, provided thatprovided, except in the case of a default in the payment by the Guarantor of a any amount due under this Guarantee PaymentAgreement, the Guarantee Trustee shall be protected in withholding such notice if and so long as the board of directors, the executive committee or a trust committee of directors and/or Responsible Officers of the Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders.
(b) The Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless the Guarantee Trustee shall have received written noticenotice and such notice references this Guarantee, or a Responsible Officer charged with of the administration of this Guarantee Agreement Trustee shall have actual knowledge or shall have obtained written noticenotice and such notice references this Guarantee, of such Event of Default.
Appears in 4 contracts
Samples: Junior Subordinated Debt Securities Guarantee Agreement (PartnerRe Finance B LLC), Junior Subordinated Debt Securities Guarantee Agreement (PartnerRe Finance B LLC), Junior Subordinated Debt Securities Guarantee Agreement (PartnerRe Finance B LLC)
Event of Default; Notice. (a) The Guarantee Trustee shall, within 90 days after the occurrence of a default which with notice or the passage of time, or both, could become an Event of Default known to the Guarantee TrusteeDefault, transmit by mail, first class postage prepaid, to the Holders, notice notices of any all such Event of Default defaults known to the Guarantee Trustee, unless such Event of Default has defaults have been cured before the giving of such notice, provided provided, that, except in the case of a default in the payment of a Guarantee Payment, the Guarantee Trustee shall be protected in withholding such notice if and so long as the board Board of directorsDirectors, the executive committee or a trust committee of directors and/or Responsible Officers of the Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders.
(b) The Guarantee Trustee shall not be deemed to have knowledge of any Event of Default such default unless the Guarantee Trustee shall have received written notice, or a Responsible Officer charged with the administration of this Capital Securities Guarantee Agreement shall have obtained written notice, of such Event of Defaultdefault.
Appears in 4 contracts
Samples: Capital Securities Guarantee Agreement (Downey Financial Capital Trust Iii), Capital Securities Guarantee Agreement (Downey Financial Capital Trust Iii), Capital Securities Guarantee Agreement (Downey Financial Capital Trust I)
Event of Default; Notice. (a) The Preferred Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default known to the Guarantee TrusteeDefault, transmit by mail, first class postage prepaid, to the Holders, notice notices of any such Event all Events of Default known to the Preferred Guarantee Trustee, unless such Event of Default has defaults have been cured before the giving of such notice, provided provided, that, except in the case of a default in the payment of a Guarantee Payment, the Preferred Guarantee Trustee shall be protected in withholding such notice if and so long as the board Board of directorsDirectors, the executive committee or a trust committee of directors and/or Responsible Officers of the Preferred Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders.
(b) The Preferred Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless the Preferred Guarantee Trustee shall have received written notice, or a Responsible Officer charged with the administration of this Guarantee Agreement the Declaration shall have obtained written notice, of such Event of Default.
Appears in 3 contracts
Samples: Guarantee Agreement (Baltimore Gas & Electric Co), Guarantee Agreement (Public Service Co of Colorado), Guarantee Agreement (Public Service Co of Colorado)
Event of Default; Notice. (a) The Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default known to the Guarantee TrusteeDefault, transmit by mail, first class postage prepaid, to the Holders, notice notices of any such Event all Events of Default actually known to a Responsible Officer of the Guarantee Trustee, unless such Event of Default has defaults have been cured before the giving of such notice, provided provided, that, except in the case of a default in the payment of a Guarantee Payment, the Guarantee Trustee shall be protected in withholding such notice if and so long as the board Board of directorsDirectors, the executive committee or a trust committee of directors and/or Responsible Officers of the Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders.
(b) The Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless the Guarantee Trustee shall have received written notice, or a Responsible Officer charged with the administration of this Guarantee Agreement shall have obtained written notice, of such Event of Default.
Appears in 3 contracts
Samples: Guarantee Agreement (Provident Companies Inc /De/), Guarantee Agreement (Proffitts Capital Trust V), Guarantee Agreement (Proffitts Capital Trust I)
Event of Default; Notice. (a) The Guarantee Trustee shall, within 90 ninety (90) days after the occurrence of an Event of Default known a default, transmit to the Guarantee Trustee, transmit by mail, first class postage prepaid, to the Holders, notice Holders notices of any such Event of Default all defaults actually known to the Guarantee Trustee, unless such Event of Default has defaults have been cured or waived before the giving of such notice, provided provided, that, except in the case of a default in the payment of a Guarantee Payment, the Guarantee Trustee shall be protected in withholding such notice if and so long as the board Board of directorsDirectors, the executive committee or a trust committee of directors and/or Responsible Officers of the Guarantee Trustee in good faith determines determine that the withholding of such notice is in the interests of the Holders. For the purpose of this Section 2.4, the term "default" means any event that is, or after notice or lapse of time or both would become, an Event of Default.
(b) The Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless the Guarantee Trustee shall have received written notice, or a Responsible Officer charged with the administration of this Guarantee Agreement shall have obtained written notice, of such Event of DefaultDefault from the Guarantor or a Holder.
Appears in 3 contracts
Samples: Guarantee Agreement (Georgia Bancshares Inc//), Guarantee Agreement (Stifel Financial Corp), Guarantee Agreement (Trustmark Corp)
Event of Default; Notice. (a) The Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default known to the Guarantee TrusteeDefault, transmit by mail, first class postage prepaid, to the Holders, notice notices of any such Event all Events of Default known to the Guarantee Trustee, unless such Event of Default has defaults have been cured before the giving of such notice; provided, provided that, except in the case of a default in the payment of a Guarantee Payment, the Guarantee Trustee shall be protected in withholding such notice if and so long as the board Board of directorsDirectors, the executive committee or a trust committee of directors and/or Responsible Officers of the Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders.
(b) The Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless the Guarantee Trustee shall have received written notice, or a Responsible Officer charged with the administration of this Guarantee the Trust Agreement shall have obtained written notice, of such Event of Default.
Appears in 3 contracts
Samples: Guarantee Agreement (HPT Capital Trust I), Guarantee Agreement (Senior Housing Properties Trust), Guarantee Agreement (Senior Housing Properties Trust)
Event of Default; Notice. (a) The Guarantee Trustee shall, within 90 ninety (90) days after the occurrence of an Event of Default known to the Guarantee Trustee, transmit by mail, first class postage prepaid, to the Holders, notice notices of any all such Event Events of Default known to the Guarantee TrusteeDefault, unless such Event of Default has defaults have been cured or waived before the giving of such notice, provided thatprovided, except in the case of a default in the payment of a Guarantee Payment, the Guarantee Trustee shall be protected in withholding such notice if and so long as a the board of directors, the executive committee or a trust committee of directors and/or Responsible Officers of the Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders.
(b) The Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless the Guarantee Trustee shall have received written notice, or a Responsible Officer of the Guarantee Trustee charged with the administration of this Guarantee the Trust Agreement shall have obtained written notice, of such Event of Default.
Appears in 3 contracts
Samples: Preferred Securities Guarantee Agreement (Trenwick America Capital Trust Iii), Preferred Securities Guarantee Agreement (Trenwick America Capital Trust Iii), Preferred Securities Guarantee Agreement (Trenwick America Capital Trust Iii)
Event of Default; Notice. (a) The Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default known to the Guarantee TrusteeDefault, transmit by mail, first class postage prepaid, to the Holders, notice notices of any such Event all Events of Default known to the Guarantee Trustee, unless such Event of Default has defaults have been cured before the giving of such notice, provided provided, that, except in the case of a default in the payment of a Guarantee Payment, the Guarantee Trustee shall be protected in withholding such notice if and so long as the board of directors, the executive committee or a trust committee of directors and/or Responsible Officers of the Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders.
(b) The Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless the Guarantee Trustee shall have received written notice, or a Responsible Officer charged with the administration of this Guarantee Agreement shall have obtained written notice, of such Event of Default.
Appears in 3 contracts
Samples: Guarantee Agreement (Easy Gardener Products LTD), Guarantee Agreement (First Union Institutional Capital Ii), Guarantee Agreement (Us Home & Garden Trust I)
Event of Default; Notice. (a) The Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default actually known to the Guarantee Trustee, transmit by mail, first class postage prepaid, to the Holders, notice notices of any all such Event Events of Default known to the Guarantee TrusteeDefault, unless such Event of Default has defaults have been cured or waived before the giving of such notice, provided provided, that, except in the case of a default in the payment of a Guarantee Payment, the Guarantee Trustee shall be protected in withholding such notice if and so long as the board of directors, the executive committee or a trust committee of directors and/or Responsible Officers of the Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders.
(b) The Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless the Guarantee Trustee shall have received written notice, or a Responsible Officer charged with the administration of this Guarantee Agreement shall have obtained written notice, of such Event of Default.
Appears in 3 contracts
Samples: Guarantee Agreement (Sce Trust I), Guarantee Agreement (Sce Trust I), Guarantee Agreement (Sce Trust I)
Event of Default; Notice. (a) The Guarantee Trustee shall, within 90 30 days after a Responsible Officer of the Guarantee Trustee obtains actual knowledge of the occurrence of an Event of Default known to the Guarantee TrusteeDefault, transmit by mail, first first-class postage prepaid, to the Holders, notice of any such Event of Default actually known to a Responsible Officer of the Guarantee Trustee, unless such Event of Default has defaults have been cured before the giving of such notice, provided provided, that, except in the case of a default in the payment of a Guarantee Payment, the Guarantee Trustee shall be fully protected in withholding such notice if and so long as the board of directors, the executive committee or a trust committee of directors and/or Responsible Officers Officer of the Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders.
(b) The Guarantee Trustee shall not be deemed to have actual knowledge of any Event of Default unless the Guarantee Trustee shall have received written notice, or a Responsible Officer charged with the administration of this Guarantee Agreement the Declaration of Trust shall have obtained written noticeactual knowledge, of such Event of Default.
Appears in 3 contracts
Samples: Guarantee Agreement (Superior Trust I), Guarantee Agreement (Superior Trust I), Guarantee Agreement (Superior Trust I)
Event of Default; Notice. (a) The Preferred Securities Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default known a default with respect to the Guarantee Trusteethis Preferred Securities Guarantee, transmit mail by mail, first class postage prepaid, to the all Holders, notice notices of any such Event of Default all defaults actually known to the Guarantee Trusteea Responsible Officer, unless such Event of Default has defaults have been cured before the giving of such notice, provided provided, that, except in the case of a default in the payment of a any Guarantee Payment, the Preferred Securities Guarantee Trustee shall be protected in withholding such notice if and so long as the board of directors, the executive committee committee, or a trust committee of directors and/or a Responsible Officers of the Guarantee Trustee Officer in good faith determines that the withholding of such notice is in the interests of the Holders.
(b) The Preferred Securities Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless the Preferred Securities Guarantee Trustee shall have received written noticenotice from the Guarantor, or a Responsible Officer charged with the administration of this Preferred Securities Guarantee Agreement shall have obtained written noticeactual knowledge, of such Event of Default.
Appears in 3 contracts
Samples: Preferred Securities Guarantee Agreement (Sterling Bancshares Inc), Preferred Securities Guarantee Agreement (Sterling Bancshares Inc), Preferred Securities Guarantee Agreement (Sterling Bancshares Capital Trust Ii)
Event of Default; Notice. (a) The Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default known to the Guarantee Trustee, transmit by mail, first class postage prepaid, to the Holders, notice of any such Event of Default known to the Guarantee TrusteeDefault, unless such Event of Default has been cured before the giving of such notice, provided ; PROVIDED that, except in the case of a default in the payment of a Guarantee Payment, the Guarantee Trustee shall be protected in withholding such notice if and so long as the board of directors, the executive committee or a trust committee of directors and/or Responsible Officers of the Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders.
(b) The Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless the Guarantee Trustee shall have received written notice, or a Responsible Officer charged with the administration of this Guarantee Agreement shall have obtained written noticeactual knowledge, of such Event of Default.
Appears in 3 contracts
Samples: Guarantee Agreement (Seacoast Financial Services Corp), Guarantee Agreement (Seacoast Financial Services Corp), Guarantee Agreement (Seacoast Financial Services Corp)
Event of Default; Notice. (a) The Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default known to the Guarantee TrusteeDefault, transmit by mail, first class postage prepaid, to the Holders, a notice of any such Event or Events of Default known to the Guarantee Trustee, unless such Event of Default has default shall have been cured or waived before the giving of such notice, provided that, except in the case of a default in the payment of a Guarantee Payment, the Guarantee Trustee shall be protected in withholding such notice if and so long as the board of directors, the executive committee committee, or a trust committee of directors and/or or Responsible Officers of the Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders.
(b) The Guarantee Trustee shall not be deemed to have charged with knowledge of any Event of Default unless either (1) a Responsible Officer of the Guarantee Trustee shall have received actual knowledge of the Event of Default or (2) a written notice, or a Responsible Officer charged with the administration of this Guarantee Agreement shall have obtained written notice, notice of such Event of DefaultDefault shall have been given to the Guarantee Trustee by the Guarantor, the Issuer or by any Holder.
Appears in 3 contracts
Samples: Preferred Trust Securities Guarantee Agreement (Florida Power & Light CO Trust II), Preferred Trust Securities Guarantee Agreement (FPL Group Inc), Preferred Trust Securities Guarantee Agreement (FPL Group Trust II)
Event of Default; Notice. (a) The Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default known to the Guarantee Trustee, transmit by mail, first class postage prepaid, to the Holders, notice notices of any all such Event Events of Default known to the Guarantee TrusteeDefault, unless such Event of Default has defaults have been cured or waived before the giving of such notice, provided thatprovided, except in the case of a default in the payment by the Guarantor of a any amount due under this Guarantee PaymentAgreement, the Guarantee Trustee shall be protected in withholding such notice if and so long as the board of directors, the executive committee or a trust committee of directors and/or Responsible Officers of the Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders.
(b) The Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless the Guarantee Trustee shall have received written notice, or a Responsible Officer charged with of the administration of this Guarantee Agreement Trustee shall have actual knowledge or shall have obtained written notice, of such Event of Default.
Appears in 3 contracts
Samples: Debt Securities Guarantee Agreement (Partnerre Capital Trust Iii), Debt Securities Guarantee Agreement (PartnerRe Finance B LLC), Debt Securities Guarantee Agreement (Partnerre LTD)
Event of Default; Notice. (a) The Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default known to the Guarantee TrusteeDefault, transmit by mail, first first-class postage prepaid, to the Holders, notice notices of any such Event all Events of Default known to the Guarantee Trustee, unless such Event of Default has defaults have been cured or waived before the giving of such notice, provided that, except in the case of a default in the payment of a Guarantee Payment, the Guarantee Trustee shall be protected in withholding such notice if and so long as the board Board of directorsDirectors, the executive committee or a trust committee of directors and/or Responsible Officers of the Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders.
(b) The Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless the Guarantee Trustee shall have received written notice, or a Responsible Officer charged with the administration of this Guarantee Agreement shall have obtained written notice, of such Event of Default.
Appears in 3 contracts
Samples: Capital Securities Guarantee Agreement (Aon Corp), Capital Securities Guarantee Agreement (Aon Corp), Capital Securities Guarantee Agreement (Aon Corp)
Event of Default; Notice. (a) The Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default known to the Guarantee TrusteeDefault, transmit by mail, first class postage prepaid, to the Holders, notice of any such Event all Events of Default known to the Guarantee Trustee, unless such Event Events of Default has have been cured or waived before the giving of such notice, ; provided that, except in the case of a default in the payment of a Guarantee Payment, the Guarantee Trustee shall be protected in withholding such notice if and so long as the board Board of directorsDirectors, the executive committee or a trust committee of directors and/or Responsible Officers of the Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders.
(b) The Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless the Guarantee Trustee shall have received written notice, or a Responsible Officer charged with the administration of this Guarantee Agreement shall have obtained received written notice, notice of such Event of Default.
Appears in 3 contracts
Samples: Guarantee Agreement (Gainsco Inc), Guarantee Agreement (Gainsco Inc), Guarantee Agreement (Assuranceamerica Corp)
Event of Default; Notice. (a) The Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default known to the Guarantee TrusteeDefault, transmit by mail, first class postage prepaid, to the Holders, notice notices of any such Event all Events of Default known to a Responsible Officer of the Guarantee Trustee, unless such Event Events of Default has actually have been cured before the giving of such notice; provided, provided that, except in the case of a default in the payment of a Guarantee Payment, the Guarantee Trustee shall be protected in withholding such notice if and so long as the board Board of directorsDirectors, the executive committee or a trust committee of directors and/or Responsible Officers of the Guarantee Trustee in good faith determines determine that the withholding of such notice is in the interests of the Holders.
(b) The Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless the Guarantee Trustee shall have received written notice, or a Responsible Officer charged with the administration of this the Guarantee Agreement shall have obtained received written notice, notice of such Event of Default.
Appears in 3 contracts
Samples: Guarantee Agreement (Enpro Industries Inc), Guarantee Agreement (Coltec Capital Trust), Guarantee Agreement (Enpro Industries Inc)
Event of Default; Notice. (a) The Guarantee Trustee shall, within 90 30 days after the occurrence of an Event of Default actually known to the Guarantee Trustee, transmit by mail, first first-class postage prepaid, to the Holders, notice notices of any such Event all Events of Default known to the Guarantee Trustee, unless such Event of Default has defaults have been cured before the giving of such notice, ; provided that, except in the case of a default in the payment of a Guarantee Payment, the Guarantee Trustee shall be protected in withholding such notice if and so long as the board of directors, the executive committee committee, or a trust committee of directors and/or Responsible Officers of the Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders.
(b) The Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless except any Event of Default as to which the Guarantee Trustee shall have received written notice, notice or a Responsible Officer charged with the administration of this Guarantee Agreement the Declaration shall have obtained written notice, of such Event of Default.
Appears in 3 contracts
Samples: Preferred Securities Guarantee Agreement (Continental Airlines Inc /De/), Preferred Securities Guarantee Agreement (Hanover Compressor Capital Trust), Preferred Securities Guarantee Agreement (Carriage Services Inc)
Event of Default; Notice. (a) The Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default known to the Guarantee Trustee, transmit by mail, first class postage prepaid, to the Holders, notice notices of any all such Event Events of Default known to the Guarantee TrusteeDefault, unless such Event of Default has defaults have been cured or waived before the giving of such notice, provided provided, that, except in the case of a default in the payment of a Guarantee Payment, the Guarantee Trustee shall be protected in withholding such notice if and so long as the board Board of directorsDirectors, the executive committee or a trust committee of directors and/or Responsible Officers of the Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders.
(b) The Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless the Guarantee Trustee shall have received written notice, or a Responsible Officer charged with the administration of this Guarantee the Trust Agreement shall have obtained written notice, of such Event of Default.
Appears in 2 contracts
Samples: Guarantee Agreement (Lincoln National Corp), Guarantee Agreement (Lincoln National Corp)
Event of Default; Notice. (a) The Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default known to the Guarantee TrusteeDefault, transmit by mail, first class postage prepaid, to the Holders, notice notices of any such Event all Events of Default known to a Responsible Officer of the Guarantee Trustee, unless such Event Events of Default has actually have been cured before the giving of such notice; PROVIDED, provided that, except in the case of a default in the payment of a Guarantee Payment, the Guarantee Trustee shall be protected in withholding such notice if and so long as the board Board of directorsDirectors, the executive committee or a trust committee of directors and/or Responsible Officers of the Guarantee Trustee in good faith determines determine that the withholding of such notice is in the interests of the Holders.
(b) The Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless the Guarantee Trustee shall have received written notice, or a Responsible Officer charged with the administration of this the Guarantee Agreement shall have obtained received written notice, notice of such Event of Default.
Appears in 2 contracts
Samples: Guarantee Agreement (Enpro Industries Inc), Guarantee Agreement (Goodrich B F Co)
Event of Default; Notice. (a) The Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default known to the Guarantee TrusteeDefault, transmit by mail, first class postage prepaid, to the HoldersHolders of the Partnership Preferred Securities, notice notices of any such Event all Events of Default known to the Guarantee Trustee, unless such Event of Default has defaults have been cured before the giving of such notice, ; provided that, except in the case of a default in the payment of a Guarantee Payment, that the Guarantee Trustee shall be protected in withholding such notice if and so long as the board of directors, the executive committee committee, or a trust committee of directors and/or Responsible Officers of the Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the HoldersHolders of the Partnership Preferred Securities.
(b) The Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless the Guarantee Trustee shall have received written notice, or a Responsible Officer charged with the administration of this Guarantee the Limited Partnership Agreement shall have obtained written notice, of such Event of Default.
Appears in 2 contracts
Samples: Partnership Preferred Securities Guarantee Agreement (Citizens Utilities Capital L P), Partnership Preferred Securities Guarantee Agreement (Citizens Utilities Capital L P)
Event of Default; Notice. (a) The Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default known to the Guarantee TrusteeDefault, transmit by mail, first class postage prepaid, to the Holders, notice notices of any such Event all Events of Default actually known to the Guarantee Trustee, unless such Event of Default has defaults have been cured before the giving of such notice, provided provided, that, except in the case of a default in the payment of a Guarantee Payment, the Guarantee Trustee shall be protected in withholding such notice if and so long as the board of directors, the executive committee or a trust committee of directors and/or Responsible Officers of the Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders.
(b) The Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless the Guarantee Trustee shall have received written notice, or a Responsible Officer charged with the administration of this Guarantee Agreement shall have obtained written notice, of such Event of Default.
Appears in 2 contracts
Samples: Guarantee Agreement (Countrywide Capital VIII), Guarantee Agreement (Countrywide Financial Corp)
Event of Default; Notice. (a) The Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default known to the Guarantee TrusteeDefault, transmit by mail, first class postage prepaid, to the Holders, notice notices of any such Event all Events of Default known to the Guarantee Trustee, unless such Event Events of Default has have been cured before the giving of such notice; provided, provided that, except in the case of a default in the payment of a Guarantee Payment, the Guarantee Trustee shall be protected in withholding such notice if and so long as the board Board of directorsDirectors of the Guarantor, the executive committee or a trust committee of directors and/or a Responsible Officers Officer of the Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders.
(b) The Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless the Guarantee Trustee shall have received written notice, or a Responsible Officer charged with the administration of this Guarantee Agreement the Declaration of Trust shall have obtained received written notice, notice of such Event of Default.
Appears in 2 contracts
Samples: Guarantee Agreement (Bancorpsouth Inc), Guarantee Agreement (Bancorpsouth Inc)
Event of Default; Notice. (a) The Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default actually known to the Guarantee Trustee, transmit by mail, first first-class postage prepaid, to the Holders, notice notices of any such Event all Events of Default known to the Guarantee Trustee, unless such Event of Default has defaults have been cured before the giving of such notice, ; provided that, except in the case of a default in the payment of a Guarantee Payment, the Guarantee Trustee shall be protected in withholding such notice if and so long as the board of directors, the executive committee committee, or a trust committee of directors and/or Responsible Officers of the Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders.
(b) The Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless except any Event of Default as to which the Guarantee Trustee shall have received written notice, notice or a Responsible Officer charged with the administration of this Guarantee Agreement the Declaration shall have obtained written notice, of such Event of Default.
Appears in 2 contracts
Samples: Preferred Securities Guarantee Agreement (Chemed Capital Trust), Preferred Securities Guarantee Agreement (Chemed Corp)
Event of Default; Notice. (a) The Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default known to the Guarantee TrusteeDefault, transmit by mail, first class postage prepaid, to the HoldersHolders of the Preferred Securities, notice notices of any such Event all Events of Default actually known to a Responsible Officer of the Guarantee Trustee, unless such Event of Default has defaults have been cured or waived before the giving of such notice; provided, provided that, except in the case of a default in the by Guarantor on any of its payment of a Guarantee Paymentobligations, the Guarantee Trustee shall be protected in withholding such notice if and so long as the board of directors, the executive committee or a trust committee of directors and/or Responsible Officers Officer of the Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the HoldersHolders of the Preferred Securities.
(b) The Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless the Guarantee Trustee shall have received written notice, or of which a Responsible Officer of the Guarantee Trustee charged with the administration of this Guarantee the Trust Agreement shall have obtained written notice, of such Event of Defaultactual knowledge.
Appears in 2 contracts
Samples: Preferred Securities Guarantee Agreement (Capitol Trust Xv), Preferred Securities Guarantee Agreement (Capitol Bancorp LTD)
Event of Default; Notice. (a) The Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default known to the Guarantee TrusteeDefault, transmit by mail, first class postage prepaid, to the Holders, notice notices of any all such Event of Default defaults known to the Guarantee Trustee, unless such Event of Default has defaults have been cured before the giving of such notice, provided provided, that, except in the case of a default in the payment of a Guarantee Payment, the Guarantee Trustee shall be protected in withholding such notice if and so long as the board Board of directorsDirectors, the executive committee or a trust committee of directors and/or Responsible Officers of the Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders.
(b) The Guarantee Trustee shall not be deemed to have knowledge of any Event of Default such default unless the Guarantee Trustee shall have received written notice, or a Responsible Officer charged with the administration of this Guarantee Agreement shall have obtained written notice, of such Event of Defaultdefault.
Appears in 2 contracts
Samples: Guarantee Agreement (Bancfirst Corp /Ok/), Guarantee Agreement (BFC Capital Trust Ii)
Event of Default; Notice. (a) The Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default known to the Guarantee TrusteeDefault, transmit by mail, first class postage prepaid, to the Holders, notice notices of any such Event all Events of Default actually known to the Guarantee Trustee, unless such Event of Default has defaults have been cured before the giving of such notice, provided provided, that, except in the case of a default in the payment of a Guarantee Payment, the Guarantee Trustee shall be protected in withholding such notice if and so long as the board Board of directorsDirectors, the executive committee or a trust committee of directors the Board of Directors and/or Responsible Officers of the Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders.
(b) The Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless the Guarantee Trustee shall have received written notice, or a Responsible Officer charged with the administration of this Guarantee Agreement shall have obtained written notice, of such Event of Default.
Appears in 2 contracts
Samples: Guarantee Agreement (First Tennessee National Corp), Guarantee Agreement (Delphi Financial Group Inc/De)
Event of Default; Notice. (a) The Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default known to the Guarantee TrusteeDefault, transmit by mail, first class postage prepaid, to the Holders, notice notices of any such Event all Events of Default known to the Guarantee Trustee, unless such Event of Default has defaults have been cured before the giving of such notice, provided provided, that, except in the case of a default in the payment of a Guarantee Payment, the Guarantee Trustee shall be protected in withholding such notice if and so long as the board Board of directorsDirectors, the executive committee or a trust committee of directors and/or Responsible Officers of the Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders.
(b) The Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless the Guarantee Trustee shall have received written noticenotice from the Guarantor or a Holder, or a Responsible Officer charged with the administration of this Guarantee Agreement shall have obtained written noticenotice from the Guarantor or a Holder, of such Event of Default.
Appears in 2 contracts
Samples: Capital Securities Guarantee Agreement (Suntrust Banks Inc), Capital Securities Guarantee Agreement (Crestar Financial Corp)
Event of Default; Notice. (a) The Guarantee Trustee shall, within 90 ninety (90) days after the occurrence of an Event of Default known a default, transmit to the Guarantee Trustee, transmit by mail, first class postage prepaid, to the Holders, notice Holders notices of any such Event of Default all defaults actually known to the Guarantee Trustee, unless such Event of Default has defaults have been cured or waived before the giving of such notice, provided provided, that, except in the case of a default in the payment of a Guarantee Payment, the Guarantee Trustee shall be protected in withholding such notice if and so long as the board Board of directorsDirectors, the executive committee or a trust committee of directors and/or Responsible Officers of the Guarantee Trustee in good faith determines determine that the withholding of such notice is in the interests of the Holders. For the purpose of this Section 2.4, the term “default” means any event that is, or after notice or lapse of time or both would become, an Event of Default.
(b) The Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless the Guarantee Trustee shall have received written notice, or a Responsible Officer charged with the administration of this Guarantee Agreement shall have obtained written notice, of such Event of DefaultDefault from the Guarantor or a Holder.
Appears in 2 contracts
Samples: Guarantee Agreement (Green Bankshares, Inc.), Guarantee Agreement (Pab Bankshares Inc)
Event of Default; Notice. (a) The Common Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default known to the Common Guarantee Trustee, transmit by mail, first class postage prepaid, to the HoldersHolders of the Common Securities, notice notices of any all such Event Events of Default known to the Guarantee TrusteeDefault, unless such Event of Default has defaults have been cured or waived before the giving of such notice, provided provided, that, except in the case of a default in the payment of a Guarantee Payment, the Common Guarantee Trustee shall be protected in withholding such notice if and so long as the board of directors, the executive committee committee, or a trust committee of directors and/or Responsible Officers Officers, of the Common Guarantee Trustee in good faith determines determine that the withholding of such notice is in the interests of the HoldersHolders of the Common Securities.
(b) The Common Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless except any Event of Default as to which the Common Guarantee Trustee shall have received written notice, notice or a Responsible Officer charged with the administration of this Guarantee Agreement the Declaration shall have obtained written notice, of such Event of Defaultnotice of.
Appears in 2 contracts
Samples: Common Securities Guarantee Agreement (Bergen Brunswig Corp), Common Securities Guarantee Agreement (Bergen Brunswig Corp)
Event of Default; Notice. (a) The Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default known to the Guarantee TrusteeDefault, transmit by mail, first class postage prepaid, to the Holders, notice notices of any such Event all Events of Default known to a Responsible Officer of the Guarantee Trustee, unless such Event Events of Default has have been cured before the giving of such notice, ; provided that, except in the case of a default in the payment of a Guarantee Payment, the Guarantee Trustee shall be protected in withholding such notice if and so long as the board Board of directorsDirectors, the executive committee or a trust committee of directors and/or Responsible Officers of the Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders.
(b) The Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless the Guarantee Trustee shall have received written notice, or a Responsible Officer charged with the administration of this Guarantee Agreement shall have obtained received written notice, notice of such Event of Default.
Appears in 2 contracts
Samples: Guarantee Agreement (BNB Capital Trust), Guarantee Agreement (Broad National Bancorporation)
Event of Default; Notice. (a) The Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default known to the Guarantee TrusteeDefault, transmit by mail, first class postage prepaid, to the HoldersHolders of the Capital Securities, notice notices of any such Event all Events of Default known to the Guarantee Trustee, unless such Event of Default has been cured before the giving of such notice, provided that, except in the case of a default in the payment of a Guarantee Payment, the Guarantee Trustee shall be protected in withholding such notice if and so long as the board of directors, the executive committee committee, or a trust committee of directors and/or Responsible Officers of the Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the HoldersHolders of the Capital Securities.
(b) The Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless the Guarantee Trustee shall have received written notice, or a Responsible Officer charged with the administration of this Guarantee Agreement shall have obtained written noticeactual knowledge, of such Event of Default.
Appears in 2 contracts
Samples: Guarantee Agreement (Vib Corp), Guarantee Agreement (Amerus Capital I)
Event of Default; Notice. (a) The Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default actually known to the Guarantee Trustee, transmit by mail, first class postage prepaid, to the Holders, notice notices of any all such Event Events of Default known to the Guarantee TrusteeDefault, unless such Event of Default has defaults have been cured or waived before the giving of such notice, provided provided, that, except in the case of a default in the payment of a Guarantee Payment, the Guarantee Trustee shall be protected in withholding such notice if and so long as the board Board of directorsDirectors, the executive committee or a trust committee of directors and/or Responsible Officers of the Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders.
(b) The Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless the Guarantee Trustee shall have received written notice, or a Responsible Officer charged with the administration of this Guarantee Agreement shall have obtained written notice, of such Event of Default.
Appears in 2 contracts
Samples: Guarantee Agreement (FPC Capital Ii), Guarantee Agreement (Oneok Inc /New/)
Event of Default; Notice. (a) The Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default known to the Guarantee TrusteeDefault, transmit by mail, first class postage prepaid, to the Holders, notice notices of any such Event all Events of Default actually known to the Guarantee Trustee, unless such Event of Default has defaults have been cured before the giving of such notice, provided provided, that, except in the case of a default in the payment of a Guarantee Payment, the Guarantee Trustee shall be protected in withholding such notice if and so long as the board Board of directorsDirectors, the executive committee or a trust committee of directors and/or Responsible Officers of the Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders.. 9 5
(b) The Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless the Guarantee Trustee shall have received written notice, or a Responsible Officer charged with the administration of this Guarantee Agreement shall have obtained written notice, of such Event of Default.
Appears in 2 contracts
Samples: Guarantee Agreement (Mbna Corp), Guarantee Agreement (Mbna Corp)
Event of Default; Notice. (a) The Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default known to the Guarantee TrusteeDefault, transmit by mail, first class postage prepaid, to the HoldersHolders of the Preferred Securities, notice notices of any such Event all Events of Default actually known to a Responsible Officer of the Guarantee Trustee, unless such Event of Default has defaults have been cured before the giving of such notice; PROVIDED, provided that, except in the case of a default in the by Guarantor on any of its payment of a Guarantee Paymentobligations, the Guarantee Trustee shall be protected in withholding such notice if and so long as the board of directors, the executive committee or a trust committee of directors and/or Responsible Officers Officer of the Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the HoldersHolders of the Preferred Securities.
(b) The Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless (i) the Guarantee Trustee shall have received written noticenotice of such Event of Default, or (ii) a Responsible Officer of the Guarantee Trustee charged with the administration of this Guarantee the Trust Agreement shall have obtained written notice, actual knowledge of such Event of Default.
Appears in 2 contracts
Samples: Preferred Securities Guarantee Agreement (Second Bancorp Inc), Preferred Securities Guarantee Agreement (Second Bancorp Inc)
Event of Default; Notice. (a) The Guarantee Trustee shall, within 90 30 days after the occurrence of an Event of Default known to the Guarantee Trustee, transmit by mail, first class postage prepaid, to the Holders, notice of any such Event of Default known to the Guarantee Trustee, unless such Event of Default has been cured before the giving of such notice, provided that, except in the case of a default in the payment of a Guarantee Payment, the Guarantee Trustee shall be protected in withholding such notice if and so long as the board of directors, the executive committee or a trust committee of directors and/or Responsible Officers of the Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders.
(b) The Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless the Guarantee Trustee shall have received written notice, or a Responsible Officer charged with the administration of this Guarantee Agreement shall have obtained written notice, of such Event of Default.
Appears in 2 contracts
Samples: Guarantee Agreement (M&i Capital Trust C), Guarantee Agreement (Marshall & Ilsley Corp/Wi/)
Event of Default; Notice. (a) The Preferred Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default known to the Guarantee TrusteeDefault, transmit by mail, first class postage prepaid, to the Holders, notice notices of any such Event all Events of Default actually known to the Preferred Guarantee Trustee, unless such Event of Default has defaults have been cured before the giving of such notice, provided provided, that, except in the case of a default in the payment of a Guarantee Payment, the Preferred Guarantee Trustee shall be protected in withholding such notice if and so long as the board Board of directorsDirectors, the executive committee or a trust committee of directors and/or Responsible Officers of the Preferred Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders.
(b) The Preferred Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless the Preferred Guarantee Trustee shall have received written notice, or a Responsible Officer charged with the administration of this Guarantee Agreement the Declaration shall have obtained written notice, of such Event of Default.
Appears in 2 contracts
Samples: Guarantee Agreement (Nationwide Financial Services Inc/), Guarantee Agreement (Nationwide Financial Services Inc/)
Event of Default; Notice. (a) The Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default known to the Guarantee Trustee, transmit by mail, first class postage prepaid, to the Holders, notice notices of any all such Event Events of Default known to the Guarantee Trustee, unless such Event of Default has defaults have been cured or waived before the giving of such notice; provided, provided that, except in the case of a default in the payment of a Guarantee Payment, the Guarantee Trustee shall be protected in withholding such notice if and so long as the board Board of directorsDirectors, the executive committee or a trust committee of directors and/or Responsible Officers of the Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders.
(b) The Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless the Guarantee Trustee shall have received written notice, or a Responsible Respon- sible Officer charged with the administration of this Guarantee the Trust Agreement shall have obtained written notice, of such Event of Default.
Appears in 2 contracts
Samples: Guarantee Agreement (Wec Capital Trust Ii), Guarantee Agreement (Wisconsin Energy Corp)
Event of Default; Notice. (a) The Trust Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default known to the Guarantee TrusteeDefault, transmit by mail, first class postage prepaid, to the Holders, notice notices of any such Event all Events of Default known to the Trust Guarantee Trustee, unless such Event of Default has defaults have been cured before the giving of such notice, provided provided, that, except in the case of a default in the payment of a Guarantee Payment, the Trust Guarantee Trustee shall be protected in withholding such notice if and so long as the board of directors, the executive committee or a trust committee of directors and/or Responsible Officers of the Trust Guarantee Trustee in good faith determines determine that the withholding of such notice is in the interests of the Holders.
(b) The Trust Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless a Responsible Officer of the Trust Guarantee Trustee shall have received written notice, or a Responsible Officer charged with the administration of this Guarantee Agreement shall have obtained written notice, notice of such Event of Default.
Appears in 2 contracts
Samples: Trust Guarantee Agreement (Heco Capital Trust Ii), Trust Guarantee Agreement (Hawaiian Electric Co Inc)
Event of Default; Notice. (a) The Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default known to the Guarantee TrusteeDefault, transmit by mail, first class postage prepaid, to the Holders, notice notices of any such Event all Events of Default known to the Guarantee Trustee, unless such Event of Default has defaults have been cured before the giving of such notice, provided provided, that, -------- except in the case of a default in the payment of a Guarantee Payment, the Guarantee Trustee shall be protected in withholding such notice if and so long as the board Board of directorsDirectors, the executive committee or a trust committee of directors and/or Responsible Officers of the Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders.
(b) The Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless the Guarantee Trustee shall have received written notice, or a Responsible Officer charged with the administration of this Guarantee Agreement shall have obtained written notice, of such Event of Default.
Appears in 2 contracts
Samples: Senior Guarantee Agreement (Adelphia Communications Corp), Subordinated Guarantee Agreement (Adelphia Communications Corp)
Event of Default; Notice. (a) The Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default known to the Guarantee Trustee, transmit by mail, first class postage prepaid, to the Holders, notice notices of any all such Event Events of Default known to the Guarantee Trustee, unless such Event of Default has defaults have been cured or waived before the giving of such notice; provided, provided that, except in the case of a default in the payment of a Guarantee Payment, the Guarantee Trustee shall be protected in withholding such notice if and so long as the board Board of directorsDirectors, the executive committee or a trust committee of directors and/or Responsible Officers of the Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders.
(b) The Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless the Guarantee Trustee shall have received written notice, or a Responsible Officer charged with the administration of this Guarantee Agreement the Declaration of Trust shall have obtained written notice, of such Event of Default.
Appears in 2 contracts
Samples: Guarantee Agreement (Burlington Resources Finance Co), Guarantee Agreement (Burlington Resources Finance Co)
Event of Default; Notice. (a) The Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default known to the Guarantee TrusteeDefault, transmit by mail, first class postage prepaid, to the Holders, notice notices of any such Event all Events of Default known to the Guarantee Trustee, unless such Event of Default has defaults have been cured before the giving of such notice, provided provided, however, that, except in the case of a default in the payment of a Guarantee Payment, the Guarantee Trustee shall be protected in withholding such notice if and so long as the board Board of directorsDirectors, the executive committee or a trust committee of directors and/or Responsible Officers of the Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders.
(b) The Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless the Guarantee Trustee shall have received written notice, or a Responsible Officer charged with the administration of this Guarantee Agreement shall have obtained written notice, of such Event of DefaultDefault from the Guarantor or a Holder.
Appears in 2 contracts
Samples: Guarantee Agreement (Everest Re Capital Trust), Guarantee Agreement (Everest Re Group LTD)
Event of Default; Notice. (a) The Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default actually known to the Guarantee Trustee, transmit by mail, first first-class postage prepaid, to the Holders, notice notices of any such Event all Events of Default known to the Guarantee Trustee, unless such Event of Default has defaults have been cured before the giving of such notice, provided ; PROVIDED that, except in the case of a default in the payment of a Guarantee Payment, the Guarantee Trustee shall be protected in withholding such notice if and so long as the board of directors, the executive committee committee, or a trust committee of directors and/or Responsible Officers of the Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders.
(b) The Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless except any Event of Default as to which the Guarantee Trustee shall have received written notice, notice or a Responsible Officer charged with the administration of this Guarantee Agreement the Declaration shall have obtained written notice, of such Event of Default.
Appears in 2 contracts
Samples: Preferred Securities Guarantee Agreement (Chemed Capital Trust), Preferred Securities Guarantee Agreement (Chemed Corp)
Event of Default; Notice. (a) The Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default known to the Guarantee TrusteeDefault, transmit by mail, first class postage prepaid, to the Holders, notice of any such Event Events of Default actually known to the Guarantee Trustee, unless such Event of Default has defaults have been cured before the giving of such notice, provided provided, that, except in the case of a default in the payment of a Guarantee Payment, the Guarantee Trustee shall be protected in withholding such notice if and so long as the board of directors, the executive committee or a trust committee of directors and/or Responsible Officers of the Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders.
(b) The Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless the Guarantee Trustee shall have received written notice, or a Responsible Officer charged with the administration of this Guarantee Agreement shall have obtained written notice, of such Event of Default.
Appears in 2 contracts
Samples: Guarantee Agreement (Pennsylvania Power & Light Co /Pa), Guarantee Agreement (Pennsylvania Power & Light Co /Pa)
Event of Default; Notice. (a) The Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default known to the Guarantee TrusteeDefault, transmit by mail, first class postage prepaid, to the HoldersHolders (and, notice if for so long as a Trust is the Holder, also to the holders of any such Event the Trust Securities), notices of all Events of Default actually known to a Responsible Officer of the Guarantee Trustee, unless such Event of Default has defaults have been cured before the giving of such notice, provided provided, that, except in the case of a default in the payment of a Guarantee Payment, the Guarantee Trustee shall be protected in withholding such notice if and so long as the board of directors, the executive committee or a trust committee of directors and/or Responsible Officers of the Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders.
(b) The Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless a Responsible Officer of the Guarantee Trustee shall have received written notice, or a Responsible Officer charged with the administration of this Guarantee Agreement shall have obtained written notice, notice of such Event of Default.
Appears in 2 contracts
Samples: Guarantee Agreement (AmerUs Capital V), Guarantee Agreement (AmerUs Capital V)
Event of Default; Notice. (a) The Preferred Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default known to the Guarantee TrusteeDefault, transmit by mail, first class postage prepaid, to the Holders, notice notices of any such Event all Events of Default actually known to the Preferred Guarantee Trustee, unless such Event of Default has defaults have been cured before the giving of such notice, ; provided that, except in the case of a default in the payment of a Guarantee Payment, the Preferred Guarantee Trustee shall be protected in withholding such notice if and so long as the board Board of directorsDirectors, the executive committee or a trust committee of directors and/or Responsible Officers of the Preferred Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders.
(b) The Preferred Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless the Preferred Guarantee Trustee shall have received written notice, or a Responsible Officer charged with the administration of this Guarantee Agreement the Declaration shall have obtained written notice, of such Event of Default.
Appears in 2 contracts
Samples: Guarantee Agreement (Scottish Annuity & Life Holdings LTD), Guarantee Agreement (Scottish Annuity & Life Holdings LTD)
Event of Default; Notice. (a) The Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default known to the Guarantee TrusteeDefault, transmit by mail, first class postage prepaid, to the Holders, notice of any such Event of Default known to the Guarantee Trustee, unless such Event of Default has been cured before the giving of such notice, provided that, except in the case of a default in the payment of a Guarantee Payment, the Guarantee Trustee shall be protected in withholding such notice if and so long as the board of directors, the executive committee or a trust committee of directors and/or Responsible Officers of the Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders.
(b) The Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless the Guarantee Trustee shall have received written notice, or a Responsible Officer of the Guarantee Trustee charged with the administration of this Guarantee Agreement shall have obtained written notice, actual knowledge of such Event of Default.
Appears in 2 contracts
Samples: Guarantee Agreement (Southwest Bancorp Inc), Guarantee Agreement (Southwest Bancorp Inc)
Event of Default; Notice. (a) The Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default known to the Guarantee TrusteeDefault, transmit by mail, first class postage prepaid, to the Holders, notice notices of any such Event all Events of Default known to the Guarantee Trustee, unless such Event Events of Default has have been cured before the giving of such notice; provided, provided that, except in the case of a default in the payment of a Guarantee Payment, the Guarantee Trustee shall be protected in withholding such notice if and so long as the board Board of directorsDirectors, the executive committee or a trust committee of directors and/or Responsible Officers of the Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders.
(b) The Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless the Guarantee Trustee shall have received written notice, or a Responsible Officer charged with the administration of this Guarantee Agreement the Declaration of Trust shall have obtained received written notice, notice of such Event of Default.
Appears in 2 contracts
Samples: Guarantee Agreement (Republic New York Corp), Guarantee Agreement (Republic New York Corp)
Event of Default; Notice. (a) The Guarantee Trustee shall, within 90 days 10 Business Days after the occurrence of an any Event of Default actually known to a Responsible Officer of the Guarantee Trustee, transmit by mail, first first-class postage prepaid, to the Holders, notice notices of any such Event all Events of Default known to the Guarantee Trustee, unless such Event of Default has defaults have been cured or waived before the giving of such notice, provided that, except in the case of a default in the payment of a Guarantee Payment, the Guarantee Trustee shall be protected in withholding such notice if and so long as the board Board of directorsDirectors, the executive committee or a trust committee of directors and/or Responsible Officers of the Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders.
(b) The Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless the Guarantee Trustee shall have received written notice, notice from the Guarantor or a Holder or a Responsible Officer charged with the administration of this Guarantee Agreement shall have obtained written notice, notice from the Guarantor or a Holder of such Event of Default.
Appears in 2 contracts
Samples: Capital Securities Guarantee Agreement (Dominion Resources Inc /Va/), Capital Securities Guarantee Agreement (Dominion Resources Inc /Va/)
Event of Default; Notice. (a) The Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default known to the Guarantee TrusteeDefault, transmit by mail, first class postage prepaid, to the Holders, notice notices of any such Event all Events of Default actually known to a Responsible Officer of the Guarantee Trustee, unless such Event of Default has defaults have been cured before the giving of such notice, provided provided, that, except in the case of a default in the payment of a Guarantee Payment, the Guarantee Trustee shall be protected in withholding such notice if and so long as the board of directors, the executive committee or a trust committee of directors and/or Responsible Officers of the Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders.
(b) The Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless a Responsible Officer of the Guarantee Trustee shall have received written notice, or a Responsible Officer charged with the administration of this Guarantee Agreement shall have obtained written notice, notice of such Event of Default.
Appears in 2 contracts
Samples: Guarantee Agreement (AmerUs Capital V), Guarantee Agreement (AmerUs Capital V)
Event of Default; Notice. (a) The Trust Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default known to the Guarantee TrusteeDefault, transmit by mail, first class postage prepaid, to the Holders, notice notices of any such Event all Events of Default known to the Trust Guarantee Trustee, unless such Event of Default has defaults have been cured before the giving of such notice, provided provided, that, except in the case of a default in the payment of a Guarantee Payment, the Trust Guarantee Trustee shall be protected in withholding such notice if and so long as the board of directors, the executive committee or a trust committee of directors and/or Responsible Officers of the Trust Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders.
(b) The Trust Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless a Responsible Officer of the Trust Guarantee Trustee shall have received written notice, or a Responsible Officer charged with the administration of this Guarantee Agreement shall have obtained written notice, notice of such Event of Default.
Appears in 2 contracts
Samples: Trust Guarantee Agreement (Hawaiian Electric Co Inc), Trust Guarantee Agreement (Heco Capital Trust I)
Event of Default; Notice. (a) The Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default known to the Guarantee TrusteeDefault, transmit by mail, first class postage prepaid, to the HoldersHolders (in the manner set forth in Section 313(c) of the Trust Indenture Act), notice notices of any such Event all Events of Default actually known to the Guarantee Trustee, unless such Event of Default has defaults have been cured before the giving of such notice, provided provided, that, except in the case of a default in the payment of a Guarantee Payment, the Guarantee Trustee shall be protected in withholding such notice if and so long as the board Board of directorsDirectors, the executive committee or a trust committee of directors and/or Responsible Officers of the Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders.
(b) The Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless the Guarantee Trustee shall have received written notice, or a Responsible Officer charged with the administration of this Guarantee Agreement shall have obtained written notice, of such Event of Default.
Appears in 2 contracts
Samples: Trust Securities Guarantee (Willamette Industries Inc), Trust Securities Guarantee (Willamette Industries Inc)
Event of Default; Notice. (a) The Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default known to the Guarantee TrusteeDefault, transmit by mail, first class postage prepaid, to the HoldersHolders of the Convertible Preferred Securities, notice notices of any such Event all Events of Default known to the Guarantee Trustee, unless such Event of Default has defaults have been cured before the giving of such notice, ; provided that, except in the case of a default in the payment of a Guarantee Payment, that the Guarantee Trustee shall be protected in withholding such notice if and so long as the board of directors, the executive committee committee, or a trust committee of directors and/or Responsible Officers of the Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the HoldersHolders of the Convertible Preferred Securities.
(b) The Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless the Guarantee Trustee shall have received written notice, or a Responsible Officer charged with the administration of this Guarantee Agreement the Declaration shall have obtained written notice, of such Event of Default.
Appears in 2 contracts
Samples: Convertible Preferred Securities Guarantee Agreement (Citizens Utilities Capital L P), Convertible Preferred Securities Guarantee Agreement (Citizens Utilities Capital L P)
Event of Default; Notice. (a) The Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default known to the Guarantee TrusteeDefault, transmit by mail, first class postage prepaid, to the HoldersHolders of the Preference Shares, notice notices of any such Event all Events of Default actually known to a Responsible Officer of the Guarantee Trustee, unless such Event of Default has defaults have been cured before the giving of such notice, provided provided, that, except in the case of a default in the payment of a Guarantee Payment, the Guarantee Trustee shall be protected in withholding such notice if and so long as the board of directors, the executive committee or a trust committee of directors and/or a Responsible Officers Officer of the Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the HoldersHolders of the Preference Shares.
(b) The Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless a Responsible Officer of the Guarantee Trustee shall have received written notice, or a Responsible Officer of the Guarantee Trustee charged with the administration of this the Guarantee Agreement shall have obtained written noticeactual knowledge, of such Event of Default.
Appears in 2 contracts
Samples: Preference Shares Guarantee Agreement (Shire PLC), Preference Shares Guarantee Agreement (Shire Pharmaceuticals Group PLC)
Event of Default; Notice. (a) The Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default known to a Responsible Officer of the Guarantee Trustee, transmit by mail, first class postage prepaid, to the Holders, notice notices of any such Event all Events of Default known to the Guarantee Trustee, unless such Event Events of Default has have been cured before the giving of such notice; provided, provided that, except in the case of a default in the payment of a Guarantee Payment, the Guarantee Trustee shall be protected in withholding such notice if and so long as the board Board of directorsDirectors, the executive committee or a trust committee of directors and/or a Responsible Officers of the Guarantee Trustee Officer in good faith determines that the withholding of such notice is in the interests of the Holders.
(b) The Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless the Guarantee Trustee shall have received written notice, or a Responsible Officer charged with the administration of this Guarantee Agreement the Declaration of Trust shall have obtained received written notice, notice of such Event of Default.
Appears in 2 contracts
Samples: Guarantee Agreement (Usb Holding Co Inc), Exchange Guarantee Agreement (Usb Holding Co Inc)
Event of Default; Notice. (a) The Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default known to the Guarantee TrusteeDefault, transmit by mail, first class postage prepaid, to the Holders, notice notices of any such Event all Events of Default known to the Guarantee Trustee, unless such Event of Default has defaults have been cured before the giving of such notice, provided provided, that, except in the case of a default in the payment of a Guarantee Payment, the Guarantee Trustee shall be protected in withholding such notice if and so long as the board of directors, the executive committee or a trust committee of directors and/or Responsible Officers of the Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders.
(b) The Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless the Guarantee Trustee shall have received written notice, or a Responsible Officer charged with the administration of this Guarantee Agreement the Declaration shall have obtained written notice, of such Event of Default.
Appears in 2 contracts
Samples: Guarantee Agreement (Fresenius Medical Care Corp), Guarantee Agreement (Fresenius Medical Care Corp)
Event of Default; Notice. (a) The Capital Guarantee Trustee shall, within 90 days five Business Days after the occurrence of an Event of Default known to the Guarantee TrusteeDefault, transmit by mail, first class postage prepaid, to the HoldersHolders of the Capital Securities, notice notices of any such Event all Events of Default actually known to a Responsible Officer of the Capital Guarantee Trustee, unless such Event of Default has defaults have been cured before the giving of such notice; provided, provided that, except in the case of a default in the by Guarantor on any of its payment of a Guarantee Paymentobligations, the Capital Guarantee Trustee shall be protected in withholding such notice if and so long as the board of directors, the executive committee or a trust committee of directors and/or Responsible Officers Officer of the Capital Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the HoldersHolders of the Capital Securities.
(b) The Capital Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless the Capital Guarantee Trustee shall have received written notice, or of which a Responsible Officer of the Capital Guarantee Trustee charged with the administration of this Guarantee the Trust Agreement shall have obtained written notice, of such Event of Defaultactual knowledge.
Appears in 2 contracts
Samples: Capital Securities Guarantee Agreement (Heartland Financial Capital Trust I), Capital Securities Guarantee Agreement (Colorado Business Bankshares Capital Trust I)
Event of Default; Notice. (a) The Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default known to the Guarantee TrusteeDefault, transmit by mail, first class postage prepaid, to the HoldersHolders of the Preferred Securities, notice notices of any such Event all Events of Default actually known to a Responsible Officer of the Guarantee Trustee, unless such Event of Default has defaults have been cured before the giving of such notice; provided, provided that, except in the case of a default in the by Guarantor on any of its payment of a Guarantee Paymentobligations, the Guarantee Trustee shall be protected in withholding such notice if and so long as the board of directors, the executive committee or a trust committee of directors and/or Responsible Officers Officer of the Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the HoldersHolders of the Preferred Securities.
(b) The Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless the Guarantee Trustee shall have received written notice, or of which a Responsible Officer of the Guarantee Trustee charged with the administration of this Guarantee the Trust Agreement shall have obtained written notice, actual knowledge of such Event of Default.
Appears in 2 contracts
Samples: Preferred Securities Guarantee Agreement (Wintrust Capital Trust VI), Preferred Securities Guarantee Agreement (First Preferred Capital Trust Ii)
Event of Default; Notice. (a) The Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default known to the Guarantee Trustee, transmit by mail, first class postage prepaid, to the Holders, notice notices of any all such Event Events of Default known to the Guarantee TrusteeDefault, unless such Event of Default has defaults have been cured or waived before the giving of such notice, provided thatprovided, except in the case of a default in the payment of a Guarantee Payment, the Guarantee Trustee shall be protected in withholding such notice if and so long as the board of directors, the executive committee or a trust committee of directors and/or Responsible Officers of the Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders.
(b) The Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless the Guarantee Trustee shall have received written notice, or a Responsible Officer of the Guarantee Trustee charged with the administration of this Guarantee the Trust Agreement shall have actual knowledge or shall have obtained written notice, of such Event of Default.
Appears in 2 contracts
Samples: Preferred Securities Guarantee Agreement (PartnerRe Finance B LLC), Preferred Securities Guarantee Agreement (PartnerRe Finance B LLC)
Event of Default; Notice. (a) The Exchange Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default known to the Guarantee TrusteeDefault, transmit by mail, first class postage prepaid, to the Holders, notice notices of any such Event all Events of Default known to the Exchange Guarantee Trustee, unless such Event of Default has defaults have been cured before the giving of such notice, provided provided, that, except in the case of a default in the payment of a Guarantee Payment, the Exchange Guarantee Trustee shall be protected in withholding such notice if and so long as the board Board of directorsDirectors, the executive committee or a trust committee of directors and/or Responsible Officers of the Exchange Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders.
(b) The Exchange Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless the Exchange Guarantee Trustee shall have received written notice, or a Responsible Officer charged with the administration of this Guarantee Agreement the Declaration shall have obtained written notice, of such Event of Default.
Appears in 2 contracts
Samples: Exchange Guarantee Agreement (Symons International Group Inc), Exchange Guarantee Agreement (Superior National Insurance Group Inc)
Event of Default; Notice. (a) The Trust Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default known to the Guarantee TrusteeDefault, transmit by mail, first class postage prepaid, to the Holders, notice notices of any such Event all Events of Default known to the Trust Guarantee Trustee, unless such Event of Default has defaults have been cured before the giving of such notice, provided that, except in the case of a default in the payment of a Guarantee Payment, the Trust Guarantee Trustee shall be protected in withholding such notice if and so long as the board of directors, the executive committee or a trust committee of directors and/or or Responsible Officers of the Trust Guarantee Trustee in good faith determines determine that the withholding of such notice is in the interests of the Holders.
(b) The Trust Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless a Responsible Officer of the Trust Guarantee Trustee shall have received written notice, or a Responsible Officer charged with the administration of this Guarantee Agreement shall have obtained written notice, notice of such Event of Default.
Appears in 2 contracts
Samples: Trust Guarantee Agreement (Maui Electric Co LTD), Trust Guarantee Agreement (Hawaiian Electric Co Inc)
