Common use of Event of Default; Notice Clause in Contracts

Event of Default; Notice. (a) The Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default, mail by first class postage prepaid, to all Holders, notices of all Events of Default actually known to a Responsible Officer, unless such defaults have been cured before the giving of such notice, provided, that, except in the case of default in the payment of any 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 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 from the Guarantor, or a Responsible Officer charged with the administration of the Trust Agreement shall have obtained actual knowledge, of such Event of Default.

Appears in 3 contracts

Samples: Guarantee Agreement (Indymac Bancorp Inc), Guarantee Agreement (Indymac Bancorp Inc), Guarantee Agreement (Reinsurance Group of America Inc)

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Event of Default; Notice. (a) The Guarantee Trustee ------------------------ shall, within 90 days after the occurrence of an Event of Default, mail transmit by mail, first class postage prepaid, to all the Holders, notices of all Events of Default actually known to a Responsible Officerthe Guarantee Trustee, unless such defaults Events of Default have been cured before the giving of such notice, provided, ; provided that, except in the case of a -------- default in the payment of any 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, committee or a trust committee of directors and/or a Responsible 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 from the Guarantor, or a Responsible Officer charged with the administration of the Declaration of Trust Agreement shall have obtained actual knowledge, received written notice of such Event of Default.

Appears in 2 contracts

Samples: Guarantee Agreement (Commonwealth Bankshares Inc), Guarantee Agreement (Commonwealth Bankshares Inc)

Event of Default; Notice. (a) The Guarantee Trustee shall, within 90 days after the occurrence of an Event of DefaultDefault known to it, mail transmit by mail, first class postage prepaid, to all the Holders, notices notice of all Events any such Event of Default actually known to a Responsible OfficerDefault, unless such defaults have 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 any 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 a Responsible Officer 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 from the Guarantornotice, or a Responsible Officer charged with the administration of the Trust this Guarantee Agreement shall have obtained actual knowledge, of such Event of Default.

Appears in 2 contracts

Samples: Guarantee Agreement (Centura Banks Inc), Guarantee Agreement (Southern States Capital Trust Ii)

Event of Default; Notice. (a) The Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default, mail transmit by mail, first class postage prepaid, to all the Holders, notices of all Events of Default actually known to a Responsible Officerthe Guarantee Trustee, unless such defaults have been cured before the giving of such notice, provided, provided that, except in the case of default in the payment of any 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 or Responsible Officer 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 from the Guarantornotice, or a Responsible Officer charged with the administration of the Trust Partnership Agreement shall have obtained actual knowledgewritten notice, of such Event of Default.

Appears in 2 contracts

Samples: Guarantee Agreement (Entergy London Capital Lp), Guarantee Agreement (Entergy Power Uk PLC)

Event of Default; Notice. (a) The Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default, mail by first class postage prepaid, transmit to all Holders, the Holders notices of all Events such Event of Default actually (if the occurrence is known to a Responsible Officerthe Guarantee Trustee), unless such defaults have default has been cured before the giving of such notice, ; provided, that, except in the case of a default in the payment of any 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, committee or a trust any other committee of directors and/or a Responsible Officer 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 only be deemed to have knowledge of any Event of Default unless if the Guarantee Trustee shall have received written notice from the Guarantornotice, or a Responsible Officer charged with the administration of the Trust Agreement shall have obtained actual knowledge, of such Event of Default.

Appears in 1 contract

Samples: Guarantee Agreement (Radian Group Capital Trust II)

Event of Default; Notice. (a) The Guarantee Trustee shall, within 90 days after the occurrence of an Event of DefaultDefault known to it, mail transmit by mail, first class postage prepaid, to all the Holders, notices notice of all Events any such Event of Default actually known to a Responsible OfficerDefault, unless such defaults have 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 any 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 a Responsible Officer 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 from the Guarantornotice, or a Responsible Officer charged with the administration of the Trust this Exchange Guarantee Agreement shall have obtained actual knowledge, of such Event of Default.

Appears in 1 contract

Samples: Exchange Guarantee Agreement (HSB Group Inc)

Event of Default; Notice. (a) The Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default, mail by first class postage prepaid, transmit to all the Holders, notices of all Events of Default actually known to a Responsible Officerthe Guarantee Trustee, unless such defaults have been cured before the giving of such notice, provided, that, except in the case of a default in the payment of any 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, committee or a trust committee of directors and/or a Responsible Officer 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 only be deemed to have knowledge of any Event of Default unless if the Guarantee Trustee shall have received written notice from the Guarantornotice, or a Responsible Officer charged with the administration of the Trust Agreement shall have obtained actual knowledgenotice, of such Event of Default.

Appears in 1 contract

Samples: Guarantee Agreement (Rli Corp)

Event of Default; Notice. (a) The Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default, mail transmit by mail, first class postage prepaid, to all the Holders, notices of all Events of Default actually known to a Responsible Officerthe Guarantee Trustee, unless such defaults have been cured before the giving of such notice, provided, ; provided that, except in the case of a default in the payment of any 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, committee or a trust committee of directors and/or a Responsible Officer 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 from the Guarantornotice, or a Responsible Officer charged with the administration of the Trust Agreement shall have obtained actual knowledgewritten notice, of such Event of Default.

Appears in 1 contract

Samples: Guarantee Agreement (Us Bancorp Capital I)

Event of Default; Notice. (a) The Guarantee Trustee shall, within 90 30 days after the occurrence of an Event of DefaultDefault known to it, mail transmit by mail, first class postage prepaid, to all the Holders, notices notice of all Events any such Event of Default actually known to a Responsible OfficerDefault, unless such defaults have 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 any 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 a Responsible Officer 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 from the Guarantornotice, or a Responsible Officer charged with the administration of the Trust this Guarantee Agreement shall have obtained actual knowledge, of such Event of Default.

Appears in 1 contract

Samples: Guarantee Agreement (HSB Group Inc)

Event of Default; Notice. (a) The Capital Securities Guarantee Trustee shall, within 90 days after the occurrence of an Event of Defaulta default actually known to a Responsible Officer with respect to this Capital Securities Guarantee, mail by first class postage prepaid, to all Holders, notices of all Events of Default actually known to a Responsible Officer, such defaults unless such defaults have been cured before the giving of such notice, ; provided, that, except in the case of default in the payment of any Guarantee Payment, the Capital Securities 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 Officer in good faith determines that the withholding of such notice is in the interests of the Holders. (b) The Capital Securities Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless the Capital Securities Guarantee Trustee shall have received written notice from the GuarantorGuarantor or a Holder, or a Responsible Officer charged with the administration of the Trust Agreement Declaration shall have obtained actual knowledge, of such Event of Default.

Appears in 1 contract

Samples: Capital Securities Guarantee Agreement (Amcore Capital Trust I)

Event of Default; Notice. (a) The Capital Securities Guarantee Trustee shall, within 90 days after the occurrence of an Event of Defaulta default with respect to this Capital Securities Guarantee, mail by first class postage prepaid, to all Holders, notices of all Events of Default defaults actually known to a Responsible Officer, unless such defaults have been cured before the giving of such notice, provided, that, except in the case of default in the payment of any Guarantee Payment, the Capital Securities 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 Officer in good faith determines that the withholding of such notice is in the interests of the Holders. (b) The Capital Securities Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless the Capital Securities Guarantee Trustee shall have received written notice from the Guarantor, or a Responsible Officer charged with the administration of the Trust Agreement Declaration shall have obtained actual knowledge, of such Event of Default.

Appears in 1 contract

Samples: Capital Securities Guarantee Agreement (Haven Capital Trust I)

Event of Default; Notice. (a) The Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default, mail transmit by mail, first class postage prepaid, to all the Holders, notices notice of all Events of Default actually known to a Responsible Officerthe Guarantee Trustee, unless such defaults Events of Default have been cured before the giving of such notice, provided, ; provided that, except in the case of a default in the payment of any 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, committee or a trust committee of directors and/or a Responsible Officer 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 from the Guarantor, or a Responsible Officer charged with the administration of the Trust this Guarantee Agreement shall have obtained actual knowledge, received written notice of such Event of Default.

Appears in 1 contract

Samples: Guarantee Agreement (Triangle Capital Trust)

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Event of Default; Notice. (a) The Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default, mail transmit by mail, first class postage prepaid, to all the Holders, notices of all Events of Default actually known to a Responsible Officerthe Guarantee Trustee, unless such defaults Events of Default have been cured before the giving of such notice, provided; PROVIDED, that, except in the case of a default in the payment of any 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, committee or a trust committee of directors and/or a Responsible Officer Officers 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 from the Guarantor, or a Responsible Officer charged with the administration of the Declaration of Trust Agreement shall have obtained actual knowledge, received written notice of such Event of Default.

Appears in 1 contract

Samples: Guarantee Agreement (National City Capital Trust I)

Event of Default; Notice. (a) The Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default, mail transmit by mail, first class postage prepaid, to all the Holders, notices of all Events of Default actually known to a Responsible Officerthe Guarantee Trustee, unless such defaults have been cured before the giving of such notice, provided, that, except in the case of a default in the payment of any 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, committee or a trust committee of directors and/or a Responsible Officer 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 from the Guarantor, or a Responsible Officer charged with the administration of the Trust Agreement shall have obtained actual knowledge, of such Event of Defaultnotice.

Appears in 1 contract

Samples: Guarantee Agreement (National Commerce Financial Corp)

Event of Default; Notice. (a) The Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default, mail transmit by mail, first class postage prepaid, to all the Holders, notices of all Events of Default actually known to a Responsible Officerthe Guarantee Trustee, unless such defaults Events of Default have been cured before the giving of such notice, provided, ; provided that, except in the case of a default in the payment of any 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, committee or a trust committee of directors and/or a Responsible Officer 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 from the Guarantor, or (i) a Responsible Officer charged with the administration of the Trust Agreement shall have obtained actual knowledge, of such Event of Default.this Guarantee

Appears in 1 contract

Samples: Guarantee Agreement (Sman Capital Trust 1)

Event of Default; Notice. (a) The Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default, mail by first class postage prepaid, to all Holders, notices of all Events of Default actually known to a Responsible Officer, unless such defaults have been cured before the giving of such notice, provided, that, except in the case of default in the payment of any 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 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 from the Guarantor, or a Responsible Officer charged with the administration of the Trust Agreement Declaration shall have obtained actual knowledge, of such Event of Default.

Appears in 1 contract

Samples: Guarantee Agreement (Washington Mutual Capital Trust 2001)

Event of Default; Notice. (a) The Guarantee Trustee shall, within 90 days after the occurrence of an Event of DefaultDefault known to it, mail transmit by mail, first class postage prepaid, to all the Holders, notices notice of all Events any such Event of Default actually known to a Responsible OfficerDefault, unless such defaults have 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 any 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 a Responsible Officer 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 from the Guarantornotice, or a Responsible Officer charged with the administration of the Trust this Guarantee Agreement shall have obtained actual knowledge, of such Event of Default.

Appears in 1 contract

Samples: Guarantee Agreement (Southern States Capital Trust I)

Event of Default; Notice. (a) The Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default, mail transmit by mail, first class postage prepaid, to all the Holders, notices of all Events of Default actually known to a Responsible Officerthe Guarantee Trustee, unless such defaults have been cured before the giving of such notice, provided, that, except in the case of a default in the payment of any 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, committee or a trust committee of directors and/or a Responsible Officer 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 from the Guarantornotice, or a Responsible Officer charged with the administration of the Trust Agreement Declaration shall have obtained actual knowledgewritten notice, of such Event of Default.

Appears in 1 contract

Samples: Preferred Trust Securities Guarantee Agreement (Public Service Enterprise Group Inc)

Event of Default; Notice. (a) The Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default, mail transmit by mail, first class postage prepaid, to all the Holders, notices of all Events of Default actually known to a Responsible Officerthe Guarantee Trustee, unless such defaults have been cured before the giving of such notice, provided, provided that, except in the case of a default in the payment of any 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, committee or a trust committee of directors and/or a Responsible Officer 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 from the Guarantornotice, or a Responsible Officer charged with the administration of the Trust Agreement Declaration shall have obtained actual knowledgewritten notice, of such Event of Default.

Appears in 1 contract

Samples: Guarantee Agreement (Superior National Insurance Group Inc)

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