Event of Default; Notice. (a) The Preferred Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the Holders of the Preferred Securities, notices of all Events of Default actually known to a Responsible Officer of the Preferred Guarantee Trustee, unless such defaults have been cured before the giving of such notice, provided, that, the Preferred Guarantee Trustee shall be protected in withholding such notice if and so long as a Responsible Officer of the Preferred Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders of the Preferred Securities. (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 of which a Responsible Officer of the Preferred Guarantee Trustee charged with the administration of the Declaration shall have obtained actual knowledge.
Appears in 57 contracts
Samples: Preferred Securities Guarantee Agreement (Cendant Capital V), Preferred Securities Guarantee Agreement (Textron Inc), Preferred Securities Guarantee Agreement (Sun Healthcare Group Inc)
Event of Default; Notice. (a) The Preferred Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the Holders of the Preferred Securities, notices of all Events of Default actually known to a Responsible Officer of the Preferred Guarantee Trustee, unless such defaults have been cured before the giving of such notice, ; provided, that, that the Preferred Guarantee Trustee shall be protected in withholding such notice if and so long as a Responsible Officer of the Preferred Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders of the Preferred Securities.
(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 of which a Responsible Officer of the Preferred Guarantee Trustee charged with the administration of the Declaration Trust Agreement shall have obtained actual knowledge.
Appears in 17 contracts
Samples: Preferred Securities Guarantee Agreement (FCNB Capital Trust), Preferred Securities Guarantee Agreement (Peoples Bancshares Inc), Preferred Securities Guarantee Agreement (Mvbi Capital Trust)
Event of Default; Notice. (a) The Preferred Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the Holders of the Preferred Securities, notices of all Events of Default actually known to a Responsible Officer of the Preferred Guarantee Trustee, unless such defaults have been cured before the giving of such notice, provided, that, the Preferred Guarantee Trustee shall be protected in withholding such notice if and so long as a Responsible Officer of the Preferred Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders of the Preferred Securities.
(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 of which unless a Responsible Officer of the Preferred Guarantee Trustee charged with the administration of the Declaration shall have obtained actual knowledgeknowledge thereof.
Appears in 15 contracts
Samples: Preferred Securities Guarantee Agreement (Protective Life Corp), Preferred Securities Guarantee Agreement (Protective Life Corp), Preferred Securities Guarantee Agreement (Protective Life Corp)
Event of Default; Notice. (a) The Preferred Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the Holders of the Preferred SecuritiesHolders, notices of all Events of Default actually known to a Responsible Officer of the Preferred Guarantee Trustee, unless such defaults have been cured before the giving of such notice, provided, that, the Preferred Guarantee Trustee shall be protected in withholding such notice if and so long as a Responsible Officer of the Preferred Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders of the Preferred Securities.
(b) The Preferred Guarantee Trustee shall not be deemed to have actual knowledge of any Event of Default unless the Preferred Guarantee Trustee shall have received written notice, or of which a Responsible Officer of the Preferred Guarantee Trustee charged with the administration of the Declaration this Preferred Securities Guarantee shall have obtained actual knowledge.
Appears in 14 contracts
Samples: Preferred Securities Guarantee Agreement (Fleetboston Financial Corp), Preferred Securities Guarantee Agreement (Fleet Capital Trust Vii), Preferred Securities Guarantee Agreement (Fleet Capital Trust I)
Event of Default; Notice. (a) The Preferred TARGETS Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the Holders of the Preferred SecuritiesHolders, notices of all Events of Default actually known to a Responsible Officer of the Preferred TARGETS Guarantee Trustee, unless such defaults have been cured before the giving of such notice, provided, that, ; provided that the Preferred TARGETS Guarantee Trustee shall be protected in withholding such notice if and so long as a Responsible Officer of the Preferred TARGETS Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders of the Preferred SecuritiesHolders.
(b) The Preferred TARGETS Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless the Preferred TARGETS Guarantee Trustee shall have received written notice, notice of such Event of Default or of which a Responsible Officer of the Preferred TARGETS Guarantee Trustee charged with the administration of the Declaration shall have obtained actual knowledgeknowledge of such Event of Default.
Appears in 10 contracts
Samples: Guarantee Agreement (Citigroup Inc), Guarantee Agreement (Citigroup Inc), Guarantee Agreement (Citigroup Inc)
Event of Default; Notice. (a) The Preferred Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the Holders of the Company Preferred Securities (and, for so long as the Initial Holder is the Holder of the Company Preferred Securities, also to the Holders of the Trust Preferred Securities), notices of all Events of Default actually known to a Responsible Officer of the Preferred Guarantee Trustee, unless such defaults have been cured before the giving of such notice, ; provided, that, the Preferred Guarantee Trustee shall be protected in withholding such notice if and so long as a Responsible Officer of the Preferred Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders of the Company Preferred Securities.
(b) The Preferred Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless a Responsible Officer of the Preferred Guarantee Trustee shall have received written notice, or of which a Responsible Officer of the Preferred Guarantee Trustee charged with the administration of the Declaration this Guarantee shall have obtained actual knowledge, of such Event of Default.
Appears in 9 contracts
Samples: Subordinated Guarantee Agreement (UBS Preferred Funding Trust VIII), Subordinated Guarantee Agreement (Ubs Preferred Funding Trust Iv), Limited Liability Company Agreement (Ubs Preferred Funding Trust Iii)
Event of Default; Notice. (a) The Preferred Guarantee Trustee shall, within 90 ninety (90) days after the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the Holders of the Preferred Securities, notices of all Events of Default actually known to a Responsible Officer of the Preferred Guarantee Trustee, unless such defaults have been cured before the giving of such notice, ; provided, that, that the Preferred Guarantee Trustee shall be protected in withholding such notice if and so long as a Responsible Officer of the Preferred Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders of the Preferred Securities.
(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 of which a Responsible Officer of the Preferred Guarantee Trustee charged with the administration of the Declaration Trust Agreement shall have obtained actual knowledgeknowledge of such Event of Default.
Appears in 8 contracts
Samples: Preferred Securities Guarantee Agreement (Itla Capital Corp), Preferred Securities Guarantee Agreement (Itla Capital Corp), Preferred Securities Guarantee Agreement (Great Southern Capital Trust I)
Event of Default; Notice. (a) The Preferred Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the Holders of the Preferred SecuritiesHolders, notices of all Events of Default actually known to a Responsible Officer of the Preferred Guarantee Trustee, unless such defaults have been cured before the giving of such notice, ; provided, that, the Preferred Guarantee Trustee shall be protected in withholding such notice if and so long as a Responsible Officer of the Preferred Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders of the Preferred SecuritiesHolders.
(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 of which a Responsible Officer of the Preferred Guarantee Trustee charged with the administration of the Declaration shall have obtained actual knowledge.
Appears in 8 contracts
Samples: Preferred Securities Guarantee Agreement (St Paul Companies Inc /Mn/), Preferred Securities Guarantee Agreement (Hartford Life Capital V), Preferred Securities Guarantee Agreement (St Paul Companies Inc /Mn/)
Event of Default; Notice. (a) The Preferred Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the Holders of the Preferred Securities, notices of all Events of Default actually known to a Responsible Officer of the Preferred Guarantee Trustee, unless such defaults have been cured before the giving of such notice, provided, that, the Preferred Guarantee Trustee shall be protected in withholding such notice if and so long as a Responsible Officer of the Preferred Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders of the Preferred Securities.
(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 a properly addressed written notice, or of which a Responsible Officer of the Preferred Guarantee Trustee charged with the administration of the Declaration Trust Agreement shall have obtained actual knowledge.
Appears in 7 contracts
Samples: Preferred Securities Guarantee Agreement (Flagstar Trust), Preferred Securities Guarantee Agreement (Spectrum Capital Trust I), Preferred Securities Guarantee Agreement (Spectrum Capital Trust Ii)
Event of Default; Notice. (a) The Preferred Guarantee Trustee shall, within 90 days after the occurrence of an Event of Defaulta default hereunder, transmit by mail, first class postage prepaid, mail to the Holders of the Preferred Securities, notices Securities in the manner and to the extent provided in Section 313(c) of the Trust Indenture Act notice of all Events of Default defaults hereunder actually known to a Responsible Officer of the Preferred Guarantee Trustee, unless such defaults have been cured before the giving of such notice, ; provided, thatthat except in the case of payment defaults, the Preferred Guarantee Trustee shall be protected in withholding such notice if and so long as a Responsible Officer of the Preferred Guarantee Trustee determines in accordance with Section 315(b) of the Trust Indenture Act in good faith determines that the withholding of such notice is in the interests interest of the Holders of the Preferred Securities.
(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 of which a Responsible Officer of the Preferred Guarantee Trustee charged with the administration of the Declaration Trust Agreement shall have obtained actual knowledge.
Appears in 7 contracts
Samples: Preferred Securities Guarantee Agreement (Metropolitan Financial Corp /Oh/), Preferred Securities Guarantee Agreement (Metropolitan Financial Corp /Oh/), Preferred Securities Guarantee Agreement (Crescent Capital Trust I)
Event of Default; Notice. (a) The Preferred Securities Guarantee Trustee shall, within 90 days after the occurrence of an Event of Defaulta default with respect to this Preferred Securities Guarantee, transmit mail by mail, first class postage prepaid, to the all Holders of the Preferred Securities, notices of all Events of Default defaults actually known to a Responsible Officer of the Preferred Securities Guarantee Trustee, 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 Preferred 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 Responsible Officer Officers of the Preferred Securities Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders of the Preferred Securities.
(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 notice, or of which a Responsible Officer of the Preferred Securities Guarantee Trustee charged with the administration of the Declaration shall have obtained actual knowledge, of such Event of Default.
Appears in 7 contracts
Samples: Preferred Securities Guarantee Agreement (Cox Trust Ii), Preferred Securities Guarantee Agreement (Radio One Licenses LLC), Preferred Securities Guarantee Agreement (Hercules Inc)
Event of Default; Notice. (a) The Preferred Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the Holders of the Preferred Securities, notices of all Events of Default actually known to a Responsible Officer of the Preferred Guarantee Trustee, unless such defaults have been cured before the giving of such notice, ; provided, that, that the Preferred Guarantee Trustee shall be protected in withholding such notice if and so long as a Responsible Officer of the Preferred Guarantee Trustee in good faith determines that the withholding of such notice is in the interests interest of the Holders of the Preferred Securities.
(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 of which a Responsible Officer of the Preferred Guarantee Trustee charged with the administration of the Declaration Trust Agreement shall have obtained actual knowledge.
Appears in 7 contracts
Samples: Preferred Securities Guarantee Agreement (Bankunited Capital Iii), Preferred Securities Guarantee Agreement (Bankunited Capital Iii), Preferred Securities Guarantee Agreement (American Bancorporation Capital Trust I)
Event of Default; Notice. (a) The Preferred Guarantee Trustee shall, within 90 ninety (90) days after the occurrence of an Event of Defaulta default, transmit by mail, first class postage prepaid, to the Holders of the Preferred Securities, notices of all Events of Default defaults actually known to a Responsible Officer of the Preferred Guarantee Trustee, unless such defaults have been cured or waived before the giving of such notice, provided, that, except in the Preferred 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 Officer Officers of the Preferred Guarantee Trustee in good faith determines determine that the withholding of such notice is in the interests of the Holders Holders. For the purpose of this Section 2.4, the Preferred Securitiesterm “default” means any event that is, or after notice or lapse of time or both would become, an Event of Default.
(b) The Preferred Guarantee Trustee shall not be deemed to have knowledge of any default or Event of Default unless the Preferred Guarantee Trustee shall have received written notice, or of which a Responsible Officer of the Preferred Guarantee Trustee charged with the administration of the Declaration this Guarantee Agreement shall have obtained actual knowledgereceived written notice, of such default or Event of Default from the Guarantor or a Holder.
Appears in 6 contracts
Samples: Guarantee Agreement (Temecula Valley Bancorp Inc), Guarantee Agreement (Harleysville National Corp), Guarantee Agreement (Flag Financial Corp)
Event of Default; Notice. (a) The Preferred Guarantee Trustee shall, within 90 ninety (90) days after the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the Holders of the Preferred Securities, notices of all Events of Default actually known to a Responsible Officer of the Preferred Guarantee Trustee, unless such defaults have been cured before the giving of such notice, ; provided, that, that the Preferred Guarantee Trustee shall be protected in withholding such notice if and so long as a Responsible Officer of the Preferred Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders of the Preferred Securities.
(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 of which a Responsible Officer of the Preferred Guarantee Trustee charged with the administration of the Declaration Trust Agreement shall have obtained actual knowledgeknowledge of such Event of Default.
Appears in 6 contracts
Samples: Preferred Securities Guarantee Agreement (S.Y. Bancorp Capital Trust II), Preferred Securities Guarantee Agreement (S Y Bancorp Inc), Preferred Securities Guarantee Agreement (Tompkins Financial Corp)
Event of Default; Notice. (a) The Preferred Common Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the Holders of the Preferred Trust Common Securities, notices of all Events of Default actually known of which the Common Guarantee Trustee is deemed to a Responsible Officer of the Preferred Guarantee Trusteehave knowledge (as defined in Section 2.7(b)), unless such defaults have been cured before the giving of such notice, provided, that, ; provided that the Preferred Common Guarantee Trustee shall be protected in withholding such notice if and so long as a Responsible Officer of the Preferred Common Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders of the Preferred Trust Common Securities.
(b) The Preferred Common Guarantee Trustee shall not be deemed to have knowledge of any an Event of Default unless if (i) the Preferred Common Guarantee Trustee shall have received written notice, notice of such Event of Default or of which (ii) a Responsible Officer of the Preferred Common Guarantee Trustee charged with the administration of the Declaration shall have obtained actual knowledgeknowledge of such Event of Default.
Appears in 6 contracts
Samples: Trust Common Securities Guarantee Agreement, Trust Common Securities Guarantee Agreement (American Equity Investment Life Holding Co), Trust Common Securities Guarantee Agreement (American Equity Investment Life Holding Co)
Event of Default; Notice. (a) The Preferred Guarantee Trustee shall, within 90 days after the occurrence of an Event of DefaultDefault actually known to a Responsible Officer of the Preferred Guarantee Trustee, transmit by mail, first class postage prepaid, to the Holders of the Preferred Securities, notices of all such Events of Default actually known to a Responsible Officer of the Preferred Guarantee Trustee, unless such defaults have been cured before the giving of such notice, provided, that, provided that the Preferred Guarantee Trustee shall be protected in withholding such notice if and so long as a Responsible Officer of the Preferred Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders of the Preferred Securities.
(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 of which a Responsible Officer of the Preferred Guarantee Trustee charged with the administration of the Declaration shall have obtained actual knowledgeknowledge thereof or shall have received written notice of such Event of Default.
Appears in 6 contracts
Samples: Preferred Securities Guarantee Agreement (Torchmark Corp), Preferred Securities Guarantee Agreement (Torchmark Capital Trust III), Preferred Securities Guarantee Agreement (Ameriprise Financial Inc)
Event of Default; Notice. (a) The Preferred Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the Holders of the Preferred SecuritiesHolders, notices of all Events of Default actually known to a Responsible Officer of the Preferred Guarantee Trustee, unless such defaults have been cured before the giving of such notice, provided, that, the Preferred Guarantee Trustee shall be protected in withholding such notice if and so long as a Responsible Officer of the Preferred Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders of the Preferred SecuritiesHolders.
(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 of which a Responsible Officer of the Preferred Guarantee Trustee charged with the administration of the Declaration shall have obtained actual knowledge.
Appears in 6 contracts
Samples: Preferred Securities Guarantee Agreement (SSBH Capital Iv), Preferred Securities Guarantee Agreement (SSBH Capital Iv), Preferred Securities Guarantee Agreement (Travelers Capital Vii)
Event of Default; Notice. (a) The Preferred Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the Holders of the Preferred SecuritiesHolders, notices of all Events of Default actually known to a Responsible Officer of the Preferred Guarantee Trustee, unless such defaults Events of Default have been cured before the giving of such notice, ; provided, that, the Preferred Guarantee Trustee shall be protected in withholding such notice if and so long as a Responsible Officer of the Preferred Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders of the Preferred SecuritiesHolders.
(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 of which a Responsible Officer of the Preferred Guarantee Trustee charged with the administration of the Declaration shall have obtained actual knowledge.
Appears in 5 contracts
Samples: Preferred Securities Guarantee Agreement, Preferred Securities Guarantee Agreement (St. Paul Travelers Capital Trust IV), Preferred Securities Guarantee Agreement (St Paul Capital Trust Ii)
Event of Default; Notice. (a) The Preferred Guarantee Trustee shall, within 90 days after the occurrence of an Event of DefaultDefault known to the Preferred Guarantee Trustee, transmit by mail, first class postage prepaid, to the Holders of the Preferred Securities, notices of all such Events of Default actually known to a Responsible Officer of the Preferred Guarantee TrusteeDefault, unless such defaults have been cured or waived before the giving of such notice, provided, that, the Preferred 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 Officer Officers, of the Preferred Guarantee Trustee in good faith determines determine that the withholding of such notice is in the interests of the Holders of the Preferred Securities.
(b) The Preferred Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless except any Event of Default as to which the Preferred Guarantee Trustee shall have received written notice, notice or of which a Responsible Officer of the Preferred Guarantee Trustee charged with the administration of the Declaration shall have obtained actual knowledgewritten notice of.
Appears in 5 contracts
Samples: Preferred Securities Guarantee Agreement (Oxy Capital Trust Iii), Preferred Securities Guarantee Agreement (Bergen Brunswig Corp), Preferred Securities Guarantee Agreement (Occidental Petroleum Corp /De/)
Event of Default; Notice. (a) The Preferred Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the Holders of the Trust Preferred Securities, notices of all Events of Default actually known to a Responsible Officer of which the Preferred Guarantee TrusteeTrustee is deemed to have knowledge (as defined in Section 2.7(b)), unless such defaults have been cured before the giving of such notice, provided, that, ; provided that the Preferred Guarantee Trustee shall be protected in withholding such notice if and so long as a Responsible Officer of the Preferred Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders of the Trust Preferred Securities.
(b) The Preferred Guarantee Trustee shall not be deemed to have knowledge of any an Event of Default unless if (i) the Preferred Guarantee Trustee shall have received written notice, notice of such Event of Default or of which (ii) a Responsible Officer of the Preferred Guarantee Trustee charged with the administration of the Declaration shall have obtained actual knowledgeknowledge of such Event of Default.
Appears in 5 contracts
Samples: Trust Preferred Securities Guarantee Agreement (American Equity Investment Life Holding Co), Trust Preferred Securities Guarantee Agreement (American Equity Investment Life Holding Co), Trust Preferred Securities Guarantee Agreement (Westcoast Hospitality Corp)
Event of Default; Notice. (a) The Preferred Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the Holders of the Preferred Securities, notices of all Events of Default actually known to a Responsible Officer of the Preferred Guarantee Trustee, unless such defaults have been cured before the giving of such notice, provided, that, the Preferred 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 Officer Officers of the Preferred Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders of the Preferred Securities.
(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 of which a Responsible Officer of the Preferred Guarantee Trustee charged with the administration of the Declaration shall have obtained actual knowledgewritten notice, of such Event of Default.
Appears in 5 contracts
Samples: Preferred Securities Guarantee Agreement (Great Western Financial Trust I /De/), Preferred Securities Guarantee Agreement (Great Western Financial Trust Iii), Preferred Securities Guarantee Agreement (Great Western Financial Trust I /De/)
Event of Default; Notice. (a) The Preferred Guarantee Trustee shall, within 90 days after the occurrence of an a Guarantor Event of DefaultDefault known to the Guarantee Trustee, transmit by mail, first class postage prepaid, to the Holders of the Preferred SecuritiesSenior Notes, notices of all such Guarantor Events of Default actually known to a Responsible Officer of the Preferred Guarantee TrusteeDefault, unless such defaults have been cured or waived before the giving of such notice, provided, thatexcept in the case of a default in the payment by the Guarantor of any amount due under this Guarantee Agreement, the Preferred Guarantee Trustee shall be protected in withholding such notice if and so long as a Responsible Officer of the Preferred Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders of the Preferred SecuritiesSenior Notes.
(b) The Preferred Guarantee Trustee shall not be deemed to have knowledge of any Guarantor Event of Default unless a Responsible Officer of the Preferred Guarantee Trustee shall have actual knowledge, or shall have received written notice, or of which a Responsible Officer such Event of the Preferred Guarantee Trustee charged with the administration of the Declaration shall have obtained actual knowledgeDefault.
Appears in 4 contracts
Samples: Senior Debt Securities Guarantee Agreement (RenaissanceRe Finance Inc.), Senior Debt Securities Guarantee Agreement (RenaissanceRe Finance Inc.), Senior Debt Securities Guarantee Agreement (RenaissanceRe Finance Inc.)
Event of Default; Notice. (a) The Preferred Investment Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the Holders of the Preferred SecuritiesAffiliate Debenture, notices of all Events of Default actually known to a Responsible Officer of the Preferred Investment Guarantee Trustee, unless such defaults have been cured before the giving of such notice, provided, that, except in the Preferred case of default of any Guaranty Payment, the Investment Guarantee Trustee shall be protected in withholding such notice if and so long as a Responsible Officer of the Preferred Investment Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders of the Preferred SecuritiesAffiliate Debenture.
(b) The Preferred Investment Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless the Preferred Investment Guarantee Trustee shall have received written notice, or of which a Responsible Officer of the Preferred Investment Guarantee Trustee charged with the administration of the Declaration Affiliate Debenture shall have obtained actual knowledge, of such Event of Default.
Appears in 4 contracts
Samples: Affiliate Debenture Guarantee Agreement (Merrill Lynch Preferred Capital Trust Ii), Affiliate Debenture Guarantee Agreement (Merrill Lynch Preferred Funding Vi L P), Affiliate Debenture Guarantee Agreement (Uds Funding Ii Lp)
Event of Default; Notice. (a) The Preferred Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the Holders of the Preferred Securities, notices of all Events of Default actually known to a Responsible Officer of the Preferred Guarantee Trustee, transmit by mail, first class postage prepaid, to the Holders, notices of all such Events of Default unless such defaults have been cured before the giving of such notice, provided, that, provided that the Preferred Guarantee Trustee shall be protected in withholding such notice if and so long as a Responsible Officer of the Preferred Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders of the Preferred SecuritiesHolders.
(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 noticenotice thereof, or of which a Responsible Officer of the Preferred Guarantee Trustee charged with the administration of the Declaration this Preferred Securities Guarantee shall have obtained actual knowledgeknowledge thereof.
Appears in 4 contracts
Samples: Preferred Securities Guarantee Agreement (McKesson Corp), Preferred Securities Guarantee Agreement (McKesson Financing Trust Iv), Preferred Securities Guarantee Agreement (McKesson Financing Trust Iv)
Event of Default; Notice. (a) The Preferred Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the Holders of the Preferred Securities, notices of all Events of Default actually known to a Responsible Officer of the Preferred Guarantee Trustee, unless such defaults have been cured before the giving of such notice, ; provided, that, that the Preferred Guarantee Trustee shall be protected in withholding such notice if and so long as a Responsible Officer of the Preferred Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders of the Preferred Securities.
(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 of which a Responsible Officer of the Preferred Guarantee Trustee charged with the administration of the Declaration Trust Agreement shall have obtained actual knowledgeknowledge of such Event of Default.
Appears in 4 contracts
Samples: Preferred Securities Guarantee Agreement (Indiana United Bancorp), Preferred Securities Guarantee Agreement (Century Bancorp Capital Trust), Preferred Securities Guarantee Agreement (Abington Bancorp Capital Trust)
Event of Default; Notice. (a) The Preferred Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the Holders of the Preferred SecuritiesHolders, notices of all Events of Default actually known to a Responsible Officer of the Preferred Guarantee Trustee, unless such defaults have been cured before the giving of such notice, provided, that, the Preferred Guarantee Trustee shall be protected in withholding such notice if and so long as or a Responsible Officer of the Preferred Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders of the Preferred SecuritiesHolders.
(b) The Preferred Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless except any Event of Default as to which the Preferred Guarantee Trustee shall have received written notice, notice or of which a Responsible Officer of the Preferred Guarantee Trustee charged with the administration of the Declaration shall have obtained actual knowledgereceived written notice.
Appears in 4 contracts
Samples: Preferred Securities Guarantee Agreement (Max USA Holdings Ltd.), Preferred Securities Guarantee Agreement (Axis Capital Holdings LTD), Preferred Securities Guarantee Agreement (Quanta Capital Holdings LTD)
Event of Default; Notice. (a) The Preferred Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the Holders of the Preferred Securities, notices of all Events of Default actually known to a Responsible Officer of the Preferred Guarantee Trustee, unless such defaults have been cured before the giving of such notice, provided, provided that, the Preferred 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 Officer Officers, of the Preferred Guarantee Trustee in good faith determines determine that the withholding of such notice is in the interests of the Holders of the Preferred Securities.
(b) The Preferred Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless except any Event of Default as to which the Preferred Guarantee Trustee shall have received written notice, notice or of which a Responsible Officer of the Preferred Guarantee Trustee charged with the administration of the Declaration shall have obtained actual knowledgewritten notice of.
Appears in 4 contracts
Samples: Preferred Securities Guarantee Agreement (HSBC Finance Capital Trust IX), Preferred Securities Guarantee Agreement (Household International Inc), Preferred Securities Guarantee Agreement (Household Capital Trust Iv)
Event of Default; Notice. (a) The Preferred Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the Holders of the Preferred Securities, notices of all Events of Default actually known to a Responsible Officer of the Preferred Guarantee Trustee, unless such defaults have been cured before the giving of such notice, provided, that, the Preferred 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 Officer Officers of the Preferred Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders of the Preferred Securities.
(b) The Preferred Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless except any Event of Default as to which the Preferred Guarantee Trustee shall have received written notice, notice or of which a Responsible Officer of the Preferred Guarantee Trustee charged with the administration of the Declaration shall have obtained actual knowledge.
Appears in 4 contracts
Samples: Preferred Securities Guarantee Agreement (Calenergy Capital Trust Vi), Preferred Securities Guarantee Agreement (Calenergy Capital Trust Iii), Convertible Preferred Securities Guarantee Agreement (Calenergy Capital Trust Iii)
Event of Default; Notice. (a) The Preferred Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the Holders of the Preferred SecuritiesTECONS, notices of all Events of Default actually known to a Responsible Officer of the Preferred Guarantee Trustee, unless such defaults have been cured before the giving of such notice, provided, that, the Preferred Guarantee Trustee shall be protected in withholding such notice if and so long as a Responsible Officer of the Preferred Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders of the Preferred SecuritiesTECONS.
(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 of which a Responsible Officer of the Preferred Guarantee Trustee charged with the administration of the Declaration shall have obtained actual knowledge.
Appears in 4 contracts
Samples: Preferred Securities Guarantee Agreement (Wendys International Inc), Preferred Securities Guarantee Agreement (Nuevo Energy Co), Preferred Securities Guarantee Agreement (CNF Transportation Inc)
Event of Default; Notice. (a) The Preferred Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the Holders of the Preferred Securities, notices of all Events of Default actually known to a Responsible Officer of the Preferred Guarantee Trustee, unless such defaults have been cured before the giving of such notice, ; provided, thathowever, that the Preferred Guarantee Trustee shall be protected in withholding such notice if and so long as a Responsible Officer of the Preferred Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders of the Preferred Securities.
(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 of which a Responsible Officer of the Preferred Guarantee Trustee charged with the administration of the Declaration shall have obtained actual knowledge.
Appears in 3 contracts
Samples: Preferred Securities Guarantee Agreement (Washington Water Power Capital Iii), Preferred Securities Guarantee Agreement (Washington Water Power Capital Iii), Preferred Securities Guarantee Agreement (Washington Water Power Capital Iii)
Event of Default; Notice. (a) The Preferred Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the Holders of the Preferred Securities, notices of all Events of Default actually known to a Responsible Officer of the Preferred Guarantee Trustee, unless such defaults have been cured before the giving of such notice, provided, that, ; provided that the Preferred Guarantee Trustee shall be protected in withholding such notice if and so long as a Responsible Officer of the Preferred Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders of the Preferred Securities.
(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 of which a Responsible Officer of the Preferred Guarantee Trustee charged with the administration of the Declaration shall have obtained actual knowledge.
Appears in 3 contracts
Samples: Preferred Securities Guarantee Agreement (Feg Holdings Inc), Preferred Securities Guarantee Agreement (Central Parking Corp), Preferred Securities Guarantee Agreement (Warnaco Group Inc /De/)
Event of Default; Notice. (a) The Preferred Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the Holders of the Preferred SecuritiesHolders, notices of all Events of Default actually known to a Responsible Officer of the Preferred Guarantee Trustee, unless such defaults Events of Default have been cured before the giving of such notice, provided; PROVIDED, that, the Preferred Guarantee Trustee shall be protected in withholding such notice if and so long as a Responsible Officer of the Preferred Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders of the Preferred SecuritiesHolders.
(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 of which a Responsible Officer of the Preferred Guarantee Trustee charged with the administration of the Declaration shall have obtained actual knowledge.
Appears in 3 contracts
Samples: Preferred Securities Guarantee Agreement (Allegheny Energy Inc), Preferred Securities Guarantee Agreement (Allegheny Energy Inc), Preferred Securities Guarantee Agreement (Allegheny Energy Inc)
Event of Default; Notice. (a) The Preferred Investment Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the Holders of the Preferred SecuritiesAffiliate Debenture, notices of all Events of Default actually known to a Responsible Officer of the Preferred Investment Guarantee Trustee, unless such defaults have been cured before the giving of such notice, provided, that, except in the Preferred case of default of any Guarantee Payment, the Investment Guarantee Trustee shall be protected in withholding such notice if and so long as a Responsible Officer of the Preferred Investment Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders of the Preferred SecuritiesAffiliate Debenture.
(b) The Preferred Investment Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless the Preferred Investment Guarantee Trustee shall have received written notice, or of which a Responsible Officer of the Preferred Investment Guarantee Trustee charged with the administration of the Declaration Affiliate Debenture shall have obtained actual knowledge, of such Event of Default.
Appears in 3 contracts
Samples: Affiliate Debenture Guarantee Agreement (BAC Capital Trust XVII), Affiliate Debenture Guarantee Agreement (BAC Capital Trust XVII), Affiliate Debenture Guarantee Agreement (BAC Capital Trust XVII)
Event of Default; Notice. (a) The Preferred Guarantee Trustee shall, within 90 60 days after the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the Holders of the Preferred SecuritiesHolders, notices of all Events of Default actually known to a Responsible Officer of the Preferred Guarantee Trustee, unless such defaults Events of Default have been cured or waived before the giving of such notice, ; provided, that, the Preferred Guarantee Trustee shall be protected in withholding such notice if and so long as a Responsible Officer of the Preferred Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders of the Preferred SecuritiesHolders.
(b) The Preferred Guarantee Trustee shall not be deemed to have knowledge of any Event of Default (other than defaults in scheduled payments of principal and interest) unless the Preferred Guarantee Trustee shall have received written notice, or of which a Responsible Officer of the Preferred Guarantee Trustee charged with the administration of the Declaration this Preferred Securities Guarantee shall have obtained actual knowledge.
Appears in 3 contracts
Samples: Preferred Securities Guarantee Agreement (Kingsway Financial Services Inc), Preferred Securities Guarantee Agreement (Kingsway Financial Services Inc), Preferred Securities Guarantee Agreement (Kingsway Financial Services Inc)
Event of Default; Notice. (a) The Preferred Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the Holders of the Preferred Securities, notices of all Events of Default actually known to a Responsible Officer of the Preferred Guarantee Trustee, unless such defaults have been cured before the giving of such notice, provided, that, the Preferred 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 Officer Officers of the Preferred Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders of the Preferred Securities.
(b) The Preferred Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless except any Event of Default as to which the Preferred Guarantee Trustee shall have received written notice, notice or of which a Responsible Officer of the Preferred Guarantee Trustee charged with the administration of the Declaration shall have obtained actual knowledgewritten notice.
Appears in 3 contracts
Samples: Preferred Securities Guarantee Agreement (International Paper Capital Trust Iii), Preferred Securities Guarantee Agreement (International Paper Capital Trust Iii), Preferred Securities Guarantee Agreement (Ohio Casualty Corp)
Event of Default; Notice. (a) The Preferred Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the Holders of the Preferred Securities, notices of all Events of Default actually known to a Responsible Officer of the Preferred Guarantee Trustee, unless such defaults have been cured before the giving of such notice, provided, that, the Preferred Guarantee Trustee shall be protected in withholding such notice if and so long as a Responsible Officer of the Preferred Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders of the Preferred Securities.
(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, notice or of which a Responsible Officer of the Preferred Guarantee Trustee charged with the administration of the Declaration shall have obtained actual knowledge.
Appears in 3 contracts
Samples: Preferred Securities Guarantee Agreement (Insignia Financing I), Exchange Agreement (Insignia Financial Group Inc /De/), Preferred Securities Guarantee Agreement (Qualicomm Financial Trust I)
Event of Default; Notice. (a) The Preferred Trust Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the Holders of the Trust Preferred Securities, notices of all Events of Default actually known to a Responsible Officer of the Preferred Trust Guarantee Trustee, unless such defaults have been cured before the giving of such notice, ; provided, thathowever, that the Preferred Trust Guarantee Trustee shall be protected in withholding such notice if and so long as a Responsible Officer of the Preferred Trust Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders of the Trust Preferred Securities.
(b) The Preferred Trust Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless the Preferred Trust Guarantee Trustee shall have received written notice, or of which a Responsible Officer of the Preferred Trust Guarantee Trustee charged with the administration of the Declaration Trust Agreement shall have obtained actual knowledge.
Appears in 3 contracts
Samples: Trust Preferred Securities Guarantee Agreement (Hawaiian Electric Industries Inc), Trust Preferred Securities Guarantee Agreement (Hei Preferred Funding L P), Trust Preferred Securities Guarantee Agreement (Hawaiian Electric Industries Inc)
Event of Default; Notice. (a) The Preferred Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the Holders of the Preferred Securities, notices of all Events of Default actually known to a Responsible Officer of the Preferred Guarantee Trustee, unless such defaults have been cured before the giving of such notice, provided, that, provided that the Preferred 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 Officer Officers of the Preferred Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders of the Preferred Securities.
(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 of which a Responsible Officer of the Preferred Guarantee Trustee charged with the administration of the Declaration shall have obtained actual knowledgewritten notice, of such Event of Default.
Appears in 3 contracts
Samples: Preferred Securities Guarantee Agreement (Northwestern Corp), Preferred Securities Guarantee Agreement (Northwestern Corp), Guarantee Agreement (Northwestern Corp)
Event of Default; Notice. (a) The Preferred Guarantee Trustee shall, within 90 30 days after the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the Holders of the Preferred SecuritiesHolders, notices of all Events of Default actually known to a Responsible Officer of the Preferred Guarantee Trustee, unless such defaults have been cured before the giving of such notice, provided, that, the Preferred Guarantee Trustee shall be protected in withholding such notice if and so long as a Responsible Officer of the Preferred Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders of the Preferred Securities.
(b) The Preferred Guarantee Trustee shall not be deemed to have actual knowledge of any Event of Default unless the Preferred Guarantee Trustee shall have received written notice, or of which a Responsible Officer of the Preferred Guarantee Trustee charged with the administration of the Declaration this Preferred Securities Guarantee shall have obtained actual knowledge.
Appears in 3 contracts
Samples: Preferred Securities Guarantee Agreement (James River Group, INC), Preferred Securities Guarantee Agreement (Proassurance Corp), Preferred Securities Guarantee Agreement (Proassurance Corp)
Event of Default; Notice. (a) The Preferred Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the Holders of the Preferred Securities, notices of all Events of Default actually known to a Responsible Officer of the Preferred Guarantee Trustee, unless such defaults have been cured before the giving of such notice, provided, provided that, the Preferred 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 Officer Officers, of the Preferred Guarantee Trustee in good faith determines determine that the withholding of such notice is in the interests of the Holders of the Preferred Securities.
(b) The Preferred Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless except any Event of Default as to which the Preferred Guarantee Trustee shall have received written notice, notice or of which a Responsible Officer of the Preferred Guarantee Trustee charged with the administration of the Declaration shall have obtained actual knowledgewritten notice of.
Appears in 2 contracts
Samples: Preferred Securities Guarantee Agreement (Household International Inc), Preferred Securities Guarantee Agreement (Household Capital Trust Vii)
Event of Default; Notice. (a) The Preferred Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the Holders of the Preferred Securities, notices of all Events of Default actually known to a Responsible Officer of the Preferred Guarantee Trustee, unless such defaults have been cured before the giving of such notice, provided, that, the Preferred Guarantee Trustee shall be protected in withholding such notice notice, to the extent permitted by the Trust Indenture Act, if and so long as a Responsible Officer of the Preferred Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders of the Preferred Securities.
(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 of which a Responsible Officer of the Preferred Guarantee Trustee charged with the administration of the Declaration shall have obtained actual knowledge.
Appears in 2 contracts
Samples: Preferred Securities Guarantee Agreement (Consumers Power Co Financing I), Preferred Securities Guarantee Agreement (Consumers Energy Co Financing Ii)
Event of Default; Notice. (a) The Preferred Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the Holders of the Preferred Securities, notices of all Events of Default actually known to a Responsible Officer of the Preferred Guarantee Trustee, unless such defaults have been cured before the giving of such notice, providedPROVIDED, thatTHAT, the Preferred 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 Officer Officers, of the Preferred Guarantee Trustee in good faith determines determine that the withholding of such notice is in the interests of the Holders of the Preferred Securities.
(b) The Preferred Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless except any Event of Default as to which the Preferred Guarantee Trustee shall have received written notice, notice or of which a Responsible Officer of the Preferred Guarantee Trustee charged with the administration of the Declaration shall have obtained actual knowledgewritten notice of.
Appears in 2 contracts
Samples: Preferred Securities Guarantee Agreement (Mediaone Finance Trust Ii), Preferred Securities Guarantee Agreement (Mediaone Finance Trust Ii)
Event of Default; Notice. (a) The Preferred Guarantee Trustee shall, within 90 days five (5) Business Days after the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the Holders of the Preferred Securities, notices of all Events of Default actually known to a Responsible Officer of the Preferred Guarantee Trustee, unless such defaults have been cured before the giving of such notice, provided, that, the Preferred Guarantee Trustee shall be protected in withholding such notice if and so long as a Responsible Officer of the Preferred Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders of the Preferred Securities.
(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 noticenotice of such Event of Default, or of which unless a Responsible Officer of the Preferred Guarantee Trustee charged with the administration of the Declaration Trust Agreement shall have obtained actual knowledgeknowledge thereof.
Appears in 2 contracts
Samples: Preferred Securities Guarantee Agreement (Berkley W R Corp), Preferred Securities Guarantee Agreement (Berkley W R Corp)
Event of Default; Notice. (a) The Preferred Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the Holders of the Trust Preferred Securities, notices of all Events of Default actually known to a Responsible Officer of the Preferred Guarantee Trustee, unless such defaults have been cured before the giving of such notice, provided, that, ; provided that the Preferred Guarantee Trustee shall be protected in withholding such notice if and so long as a Responsible Officer of the Preferred Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders of the Trust Preferred Securities.
(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 of which a Responsible Officer of the Preferred Guarantee Trustee charged with the administration of the Declaration of Trust shall have obtained actual knowledge.
Appears in 2 contracts
Samples: Guarantee Agreement (Lehman Brothers Holdings Inc), Guarantee Agreement (Lehman Brothers Holdings Inc)
Event of Default; Notice. (a) The Preferred Trust Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the Holders of the Trust Preferred Securities, notices of all Events of Default actually known to a Responsible Officer of the Preferred Trust Guarantee Trustee, unless such defaults have been cured before the giving of such notice, provided, that, ; provided that the Preferred Trust Guarantee Trustee shall be protected in withholding such notice if and so long as a Responsible Officer of the Preferred Trust Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders of the Trust Preferred Securities.
(b) The Preferred Trust Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless the Preferred Trust Guarantee Trustee shall have received written notice, or of which a Responsible Officer of the Preferred Trust Guarantee Trustee charged with the administration of the Declaration of Trust shall have obtained actual knowledge.
Appears in 2 contracts
Samples: Trust Guarantee Agreement (Capmark Finance Inc.), Trust Guarantee Agreement (Lehman Brothers Holdings E-Capital Trust I)
Event of Default; Notice. (a) The Preferred Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the Holders of the Preferred Trust Securities, notices of all Events of Default actually known to a Responsible Officer of the Preferred Guarantee Trustee, unless such defaults have been cured before the giving of such notice, provided, that, the Preferred Guarantee Trustee shall be protected in withholding such notice if and so long as a Responsible Officer of the Preferred Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders of the Preferred Trust Securities.
(b) The Preferred Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless a Responsible Officer of the Preferred Guarantee Trustee shall have received written notice, or of which a Responsible Officer of the Preferred Guarantee Trustee charged with the administration of the Declaration Guarantee shall have obtained actual knowledge, of such Event of Default.
Appears in 2 contracts
Samples: Trust Securities Guarantee Agreement (Abn Amro Bank Nv), Trust Securities Guarantee Agreement (Abn Amro Bank Nv)
Event of Default; Notice. (a) The Preferred 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 of the Preferred Securities, notices of all Events of Default actually known to a Responsible Officer of the Preferred Guarantee Trustee, unless such defaults have been cured before the giving of such notice, provided, that, the Preferred Guarantee Trustee shall be protected in withholding such notice if and so long as its board of directors, the executive committee of its board of directors or a committee of its Responsible Officer of the Preferred Guarantee Trustee Officers, in good faith determines that the withholding of such notice is in the interests of the Holders of the Preferred Securities.
(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 of which a Responsible Officer of the Preferred Guarantee Trustee charged with the administration of the Declaration shall have obtained actual knowledge.
Appears in 2 contracts
Samples: Guarantee Agreement (Sunoco Inc), Guarantee Agreement (Sunoco Inc)
Event of Default; Notice. (a) The Preferred Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the Holders of the Preferred Securities, notices of all Events of Default actually known to a Responsible Officer of the Preferred Guarantee Trustee, unless such defaults have been cured before the giving of such notice, ; provided, thatexcept in the case of a default in the payment of a Guarantee Payment, that the Preferred Guarantee Trustee shall be protected in withholding such notice if and so long as a Responsible Officer of the Preferred Guarantee Trustee in good faith determines that the withholding of such notice is in the interests interest of the Holders of the Preferred Securities.
(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 of which a Responsible Officer of the Preferred Guarantee Trustee charged with the administration of the Declaration Trust Agreement shall have obtained actual knowledge.
Appears in 2 contracts
Samples: Preferred Securities Guarantee Agreement (Ufh Capital Trust I), Preferred Securities Guarantee Agreement (Bankatlantic Bancorp Inc)
Event of Default; Notice. (a) The Preferred Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the Holders of the Convertible Preferred Securities, notices of all Events of Default actually known to a Responsible Officer of the Preferred Guarantee Trustee, unless such defaults have been cured before the giving of such notice, provided, that, ; PROVIDED that the Preferred Guarantee Trustee shall be protected in withholding such notice if and so long as a Responsible Officer of the Preferred Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders of the Convertible Preferred Securities.
(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 of which a Responsible Officer of the Preferred Guarantee Trustee charged with the administration of the Declaration shall have obtained actual knowledge.
Appears in 2 contracts
Samples: Convertible Preferred Securities Guarantee Agreement (Sun Healthcare Group Inc), Convertible Preferred Securities Guarantee Agreement (Sun Healthcare Group Inc)
Event of Default; Notice. (a) The Preferred Guarantee Trustee shall, within 90 days after the occurrence of an Event of DefaultDefault with respect to this Guarantee known to a Responsible Officer of the Guarantee Trustee, transmit mail by mail, first class postage prepaid, to the all Holders of the Preferred Securities, notices of all Events of Default defaults actually known to a Responsible Officer of the Preferred Guarantee Trustee, unless such defaults have been cured before the giving of such notice, provided, that, except in the Preferred 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 Responsible Officer Officers of the Preferred Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders of the Preferred Securities.
(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 of which a Responsible Officer of the Preferred Guarantee Trustee charged with the administration of the Declaration Trust Agreement shall have obtained actual knowledge, of such Event of Default.
Appears in 2 contracts
Samples: Guarantee Agreement (Waccamaw Bankshares Inc), Guarantee Agreement (Nexity Financial Corp)
Event of Default; Notice. (a) The Preferred Trust Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the Holders Holders, a notice of the Preferred Securities, notices of all Events such Event of Default actually known to a Responsible Officer of the Preferred Trust Guarantee Trustee, unless such defaults default shall have been cured or waived before the giving of such notice, provided, that, provided that the Preferred Trust Guarantee Trustee shall be protected in withholding such notice if and so long as a Responsible Officer of the Preferred Trust Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders of the Preferred SecuritiesHolders.
(b) The Preferred Trust 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 of which a Responsible Officer of the Preferred Trust Guarantee Trustee charged with the administration of the Declaration Trust Agreement shall have received a written notice thereof or a Responsible Officer of the Trust Guarantee Trustee charged with the administration of this Preferred Trust Securities Guarantee shall have obtained actual knowledgeknowledge thereof.
Appears in 2 contracts
Samples: Preferred Trust Securities Guarantee (Txu Europe Funding I L P), Preferred Trust Securities Guarantee Agreement (Texas Utilities Co /Tx/)
Event of Default; Notice. (a) The Preferred Guarantee Trustee shall, within 90 days after the occurrence of an Event of DefaultDefault actually known to a Responsible Officer of the Preferred Guarantee Trustee, transmit by mail, first class postage prepaid, to the Holders of the Preferred SecuritiesHolders, notices of all such Events of Default actually known to a Responsible Officer of the Preferred Guarantee TrusteeDefault, unless such defaults have been cured before the giving of such notice, provided, that, the Preferred Guarantee Trustee shall be protected in withholding such notice if and so long as a Responsible Officer of the Preferred Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders of the Preferred Securities.
(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 noticenotice thereof from the Guarantor or a Holder, or of which a Responsible Officer of the Preferred Guarantee Trustee charged with the administration of the Declaration shall have obtained actual knowledgeknowledge thereof.
Appears in 2 contracts
Samples: Preferred Securities Guarantee Agreement (Suntrust Capital Iv), Preferred Securities Guarantee Agreement (Suntrust Banks Inc)
Event of Default; Notice. (a) The Preferred Guarantee Trustee shall, within 90 days after the Guarantee Trustee has knowledge of the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the Holders of the Preferred SecuritiesHolders, notices of all Events of Default actually known to a Responsible Officer of the Preferred Guarantee Trustee, unless such defaults have been cured before the giving of such notice, provided, that, except in the Preferred 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 one or more Responsible Officer Officers of the Preferred Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders of the Preferred SecuritiesHolders.
(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 of which a Responsible Officer of the Preferred Guarantee Trustee charged with the administration of the Declaration shall have obtained actual knowledgeknowledge of such Event of Default.
Appears in 2 contracts
Samples: Guarantee Agreement (First American Financial Corp), Guarantee Agreement (First American Financial Corp)
Event of Default; Notice. (a) The Preferred Partnership Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the Holders Holders, a notice of the Preferred Securities, notices of all Events such Event of Default actually known to a Responsible Officer of the Preferred Partnership Guarantee Trustee, unless such defaults default shall have been cured or waived before the giving of such notice, provided, that, provided that the Preferred Partnership Guarantee Trustee shall be protected in withholding such notice if and so long as a Responsible Officer of the Preferred Partnership Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders of the Preferred SecuritiesHolders.
(b) The Preferred Partnership 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 of which a Responsible Officer of the Preferred Partnership Guarantee Trustee charged with the administration of this Preferred Partnership Securities Guarantee shall have received a written notice thereof or a Responsible Officer of the Declaration Partnership Guarantee Trustee charged with the administration of this Preferred Partnership Securities Guarantee shall have obtained actual knowledgeknowledge thereof.
Appears in 2 contracts
Samples: Preferred Partnership Securities Guarantee (Txu Europe Funding I L P), Preferred Partnership Securities Guarantee Agreement (Texas Utilities Co /Tx/)
Event of Default; Notice. (a) The Preferred Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the Holders of the Preferred Securities, notices of all Events of Default actually known to a Responsible Officer of the Preferred Guarantee Trustee, unless such defaults have been cured before the giving of such notice, provided, that, ; provided that the Preferred Guarantee Trustee shall be protected in withholding such notice if and so long as a Responsible Officer of the Preferred Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders of the Preferred Securities.
(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 of which a Responsible Officer of the Preferred Guarantee Trustee charged with the administration of the Declaration shall have obtained actual knowledge.
Appears in 2 contracts
Samples: Preferred Securities Guarantee Agreement (Warnaco Group Inc /De/), Preferred Securities Guarantee Agreement (Designer Holdings LTD)
Event of Default; Notice. (a) The Preferred Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the Holders of the Preferred Securities, notices of all Events of Default actually known to a Responsible Officer of the Preferred Guarantee Trustee, unless such defaults have been cured before the giving of such notice, provided, that, provided that the Preferred 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 Officer Officers of the Preferred Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders of the Preferred Securities.
(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 noticenotice as provided in Section 9.3, or of which a Responsible Officer of the Preferred Guarantee Trustee charged with the administration of the Declaration shall have obtained actual knowledgewritten notice, of such Event of Default.
Appears in 2 contracts
Samples: Preferred Securities Guarantee Agreement (Northwestern Corp), Preferred Securities Guarantee Agreement (Northwestern Capital Financing I)
Event of Default; Notice. (a) The Preferred Guarantee Trustee shall, within 90 days after the occurrence of an Event of DefaultDefault actually known to a Responsible Officer of the Preferred Guarantee Trustee, transmit by mail, first class postage prepaid, to the Holders of the Preferred Securities, notices of all such Events of Default actually known to a Responsible Officer of the Preferred Guarantee TrusteeDefault, unless such defaults have been cured before the giving of such notice, provided, that, the Preferred Guarantee Trustee shall be protected in withholding such notice notice, to the extent permitted by the Trust Indenture Act, if and so long as a Responsible Officer of the Preferred Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders of the Preferred Securities.
(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 of which a Responsible Officer of the Preferred Guarantee Trustee charged with the administration of the Declaration shall have obtained actual knowledgeknowledge thereof.
Appears in 2 contracts
Samples: Preferred Securities Guarantee Agreement (Puget Sound Energy Inc), Preferred Securities Guarantee Agreement (Laclede Capital Trust I)
Event of Default; Notice. (a) The Preferred Guarantee Trustee shall, within 90 ninety (90) days after the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the Holders of the Preferred Securities, notices of all Events of Default actually known to a Responsible Officer of the Preferred Guarantee Trustee, unless such defaults have been cured before the giving of such notice, ; provided, thathowever, that the Preferred Guarantee Trustee shall be protected in withholding such notice if and so long as a Responsible Officer of the Preferred Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders of the Preferred Securities.
(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 of which a Responsible Officer of the Preferred Guarantee Trustee charged with the administration of the Declaration Trust Agreement shall have obtained actual knowledgeknowledge of such Event of Default.
Appears in 2 contracts
Samples: Preferred Securities Guarantee Agreement (Abc Bancorp Capital Trust I), Preferred Securities Guarantee Agreement (Abc Bancorp Capital Trust I)
Event of Default; Notice. (a) The Preferred Guarantee Trustee shall, within 90 60 days after the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the Holders of the Preferred SecuritiesHolders, notices of all Events of Default actually known to a Responsible Officer of the Preferred Guarantee Trustee, unless such defaults have been cured before the giving of such notice, provided, that, the Preferred Guarantee Trustee shall be protected in withholding such notice if and so long as a Responsible Officer of the Preferred Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders of the Preferred Securities.
(b) The Preferred Guarantee Trustee shall not be deemed to have actual knowledge of any Event of Default unless the Preferred Guarantee Trustee shall have received written notice, or of which a Responsible Officer of the Preferred Guarantee Trustee charged with the administration of the Declaration this Preferred Securities Guarantee shall have obtained actual knowledge.
Appears in 2 contracts
Samples: Preferred Securities Guarantee Agreement (Colonial Capital Trust Iv), Preferred Securities Guarantee Agreement (Colonial Capital Trust Iii)
Event of Default; Notice. (a) The Preferred Investment Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the Holders of the Preferred SecuritiesAffiliate Debentures, notices of all Events of Default actually known to a Responsible Officer of the Preferred Investment Guarantee Trustee, unless such defaults have been cured before the giving of such notice, provided, that, the Preferred Investment Guarantee Trustee shall be protected in withholding such notice if and so long as a Responsible Officer of the Preferred Investment Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders of the Preferred SecuritiesAffiliate Debentures.
(b) The Preferred Investment Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless the Preferred Investment Guarantee Trustee shall have received written notice, or of which a Responsible Officer of the Preferred Investment Guarantee Trustee charged with the administration of the Declaration Affiliate Debentures shall have obtained actual knowledge.
Appears in 2 contracts
Samples: Affiliate Investment Instruments Guarantee Agreement (Hawaiian Electric Industries Inc), Affiliate Investment Instruments Guarantee Agreement (Hei Preferred Funding L P)
Event of Default; Notice. (a) The Preferred Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the Holders of the Preferred Securities, notices of all Events of Default actually known to a Responsible Officer of the Preferred Guarantee Trustee, unless such defaults have been cured before the giving of such notice, provided, that, the Preferred 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 Officer Officers of the Preferred Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders of the Preferred Securities.
(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 noticenotice as provided in Section 9.3, or of which a Responsible Officer of the Preferred Guarantee Trustee charged with the administration of the Declaration shall have obtained actual knowledgenotice, of such Event of Default.
Appears in 2 contracts
Samples: Preferred Securities Guarantee Agreement (Southwest Gas Capital I), Preferred Securities Guarantee Agreement (Southwest Gas Corp)
Event of Default; Notice. (a) The Preferred Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the Holders of the Preferred Securities, notices of all Events of Default actually known to a Responsible Officer of the Preferred Guarantee Trustee, transmit by mail, first class postage prepaid, to the Holders, notices of all such Events of Default unless such defaults have been cured before the giving of such notice, provided, that, PROVIDED that the Preferred Guarantee Trustee shall be protected in withholding such notice if and so long as a Responsible Officer of the Preferred Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders of the Preferred SecuritiesHolders.
(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 noticenotice thereof, or of which a Responsible Officer of the Preferred Guarantee Trustee charged with the administration of the Declaration this Preferred Securities Guarantee shall have obtained actual knowledgeknowledge thereof.
Appears in 2 contracts
Samples: Preferred Securities Guarantee Agreement (Unionbancal Finance Trust Iv), Preferred Securities Guarantee Agreement (Unionbancal Finance Trust Iv)
Event of Default; Notice. (a) The Preferred Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the Holders of the Preferred SecuritiesHolders, notices of all Events of Default actually known to a Responsible Officer of the Preferred Guarantee Trustee, unless such defaults Events of Default have been cured before the giving of such notice, provided, that, ; provided that the Preferred Guarantee Trustee shall be protected in withholding such notice if and so long as a Responsible Officer of the Preferred Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders of the Preferred SecuritiesHolders.
(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 noticenotice thereof, or except for an Event of Default of which a Responsible Officer of the Preferred Guarantee Trustee charged with the administration of the Declaration shall have obtained actual knowledge.
Appears in 2 contracts
Samples: Preferred Securities Guarantee Agreement (Prudential Financial Capital Trust Ii), Preferred Securities Guarantee Agreement (Prudential Financial Capital Trust Ii)
Event of Default; Notice. (a) The Preferred Partnership Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the Holders of the Partnership Preferred Securities, notices of all Events of Default actually known to a Responsible Officer of the Preferred Partnership Guarantee Trustee, unless such defaults have been cured before the giving of such notice, ; provided, thathowever, that the Preferred Partnership Guarantee Trustee shall be protected in withholding such notice if and so long as a Responsible Officer of the Preferred Partnership Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders of the Partnership Preferred Securities.
(b) The Preferred Partnership Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless the Preferred Partnership Guarantee Trustee shall have received written notice, or of which a Responsible Officer of the Preferred Partnership Guarantee Trustee charged with the administration of the Declaration Trust Agreement shall have obtained actual knowledge.
Appears in 2 contracts
Samples: Partnership Guarantee Agreement (Hei Preferred Funding L P), Partnership Guarantee Agreement (Hawaiian Electric Industries Inc)
Event of Default; Notice. (a) The Preferred Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the Holders of the Preferred SecuritiesHolders, notices of all Events of Default actually known to a Responsible Officer of the Preferred Guarantee Trustee, unless such defaults Events of Default have been cured before the giving of such notice, provided, that, ; provided that the Preferred Guarantee Trustee shall be protected in withholding such notice if and so long as a Responsible Officer of the Preferred Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders of the Preferred SecuritiesHolders.
(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 of which a Responsible Officer of the Preferred Guarantee Trustee charged with the administration of the Declaration shall have obtained actual knowledge.
Appears in 2 contracts
Samples: Preferred Securities Guarantee Agreement (Prudential Financial Capital Trust Ii), Preferred Securities Guarantee Agreement (Prudential Financial Capital Trust Ii)
Event of Default; Notice. (a) The Preferred Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the Holders of the Trust Preferred Securities, notices of all Events of Default actually known to a Responsible Officer of the Preferred Guarantee Trustee, unless such defaults have been cured before the giving of such notice, ; provided, that, the Preferred Guarantee Trustee shall be protected in withholding such notice if and so long as a Responsible Officer of the Preferred Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders of the Trust Preferred Securities.
(b) The Preferred Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless a Responsible Officer of the Preferred Guarantee Trustee shall have received written notice, or of which a Responsible Officer of the Preferred Guarantee Trustee charged with the administration of the Declaration this Guarantee shall have obtained actual knowledge, of such Event of Default.
Appears in 1 contract
Samples: Subordinated Guarantee Agreement (Credit Suisse Group)
Event of Default; Notice. (a) The Preferred Guarantee Trustee shall, within 90 days after the occurrence of an Event of DefaultDefault actually known to a Responsible Officer of the Preferred Guarantee Trustee, transmit by mail, first class postage prepaid, to the Holders of the Preferred Securities, notices of all Events of Default actually known to a Responsible Officer of the Preferred Guarantee Trustee, unless such defaults have been cured before the giving of such notice, provided, that, the Preferred Guarantee Trustee shall be protected in withholding such notice if and so long as a Responsible Officer of the Preferred Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders of the Preferred Securities.
(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 a properly addressed written notice, or of which a Responsible Officer of the Preferred Guarantee Trustee charged with the administration of the Declaration Trust Agreement shall have obtained actual knowledge.
Appears in 1 contract
Samples: Preferred Securities Guarantee Agreement (BVBC Capital Trust I)
Event of Default; Notice. (a) The Preferred Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the Holders of the Preferred Securities, notices of all Events of Default actually known to a Responsible Officer of the Preferred Guarantee Trustee, unless such defaults have been cured before the giving of such notice, provided, that, ; provided that the Preferred Guarantee Trustee shall be protected in withholding such notice if and so long as a Responsible Officer of the Preferred Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders of the Preferred Securities.
(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 of which a Responsible Officer of the Preferred Guarantee Trustee charged with the administration of the Declaration shall have obtained actual knowledge.
Appears in 1 contract
Samples: Preferred Securities Guarantee Agreement (Designer Holdings LTD)
Event of Default; Notice. (ai) The Preferred Common Guarantee Trustee shall, within 90 days five (5) Business Days after the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the Holders of the Preferred SecuritiesCommon Securities , notices of all Events of Default actually known to a Responsible Officer of the Preferred Common Guarantee Trustee, unless such defaults have been cured before the giving of such notice, provided, that, the Preferred Common Guarantee Trustee shall be protected in withholding such notice if and so long as a Responsible Officer of the Preferred Common Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders of the Preferred Common Securities.
(b) The Preferred Common Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless the Preferred Common Guarantee Trustee shall have received written notice, or of which unless a Responsible Officer of the Preferred Common Guarantee Trustee charged with the administration of the Declaration Trust Agreement shall have obtained actual knowledgeknowledge thereof or shall have received written notice of such Event of Default.
Appears in 1 contract
Samples: Common Securities Guarantee Agreement (Berkley W R Corp)
Event of Default; Notice. (a) The Preferred Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the Holders of the Company Preferred Securities (and, for so long as the Initial Holder is the Holder of the Company Preferred Securities, also to the Holders of the Trust Preferred Securities), notices of all Events of Default actually known to a Responsible Officer of the Preferred Guarantee Trustee, unless such defaults have been cured before the giving of such notice, ; provided, that, the Preferred Guarantee Trustee shall be protected in withholding such notice if and so long as a Responsible Officer of the Preferred Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders of the Preferred Securities.such
(b) The Preferred Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless a Responsible Officer of the Preferred Guarantee Trustee shall have received written notice, or of which a Responsible Officer of the Preferred Guarantee Trustee charged with the administration of the Declaration this Guarantee shall have obtained actual knowledge, of such Event of Default.
Appears in 1 contract
Samples: Limited Liability Company Agreement (Ubs Preferred Funding Co LLC I)
Event of Default; Notice. (a) The Series D Preferred Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the Holders of the Preferred SecuritiesHolders, notices of all Events of Default actually known to a Responsible Officer of the Series D Preferred Guarantee Trustee, unless such defaults have been cured before the giving of such notice, provided, that, the Series D Preferred Guarantee Trustee shall be protected in withholding such notice if and so long as a Responsible Officer of the Preferred Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Preferred Holders of the Series D Preferred Securities.
(b) The Series D Preferred Guarantee Trustee shall not be deemed to have actual knowledge of any Event of Default unless the Series D Preferred Guarantee Trustee shall have received written notice, or of which a Responsible Officer of the Preferred Guarantee Trustee charged with the administration of the Declaration this Series D Preferred Securities Guarantee shall have obtained actual knowledge.
Appears in 1 contract
Samples: Series D Preferred Securities Guarantee Agreement (General Motors Corp)
Event of Default; Notice. (a) The Preferred Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the Holders of the Preferred Securities, notices of all Events of Default actually known to a Responsible Officer of the Preferred Guarantee Trustee, unless such defaults have been cured before the giving of such notice, ; provided, that, that the Preferred Guarantee Trustee shall be protected in withholding such notice if and so long as a Responsible Officer of the Preferred Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders of the Preferred Securities.
(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 noticenotice thereof, or of which a Responsible Officer of the Preferred Guarantee Trustee charged with the administration of the Declaration shall have obtained actual knowledgeknowledge thereof.
Appears in 1 contract
Samples: Preferred Securities Guarantee Agreement (Equitable of Iowa Companies Capital Trust)
Event of Default; Notice. (a) The Preferred Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the Holders of the Preferred Securities, notices of all Events of Default actually known to a Responsible Officer of the Preferred 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 a Guarantee Payment, the Preferred Guarantee Trustee shall be protected in withholding such notice if and so long as a Responsible Officer of the Preferred Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders of the Preferred Securities.
(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 of which a Responsible Officer of the Preferred Guarantee Trustee charged with the administration of the Declaration Trust Agreement shall have obtained actual knowledge.
Appears in 1 contract
Samples: Preferred Securities Guarantee Agreement (Yardville Capital Trust)
Event of Default; Notice. (a) The Preferred Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the Holders of the Preferred Securities, notices of all Events of Default actually known to a Responsible Officer of the Preferred Guarantee Trustee, transmit by mail, first class postage prepaid, to the Holders, notices of all such Events of Default unless such defaults have been cured before the giving of such notice, provided, that, provided that the Preferred Guarantee Trustee shall be protected in withholding such notice if and so long as a Responsible Officer of the Preferred Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders except in the case of a default in the Preferred SecuritiesGuarantor's obligation to make Guarantee Payments.
(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 noticenotice thereof, or of which a Responsible Officer of the Preferred Guarantee Trustee charged with the administration of the Declaration this Amended and Restated Preferred Securities Guarantee shall have obtained actual knowledgeknowledge thereof.
Appears in 1 contract
Samples: Preferred Securities Guarantee Agreement (Capital Trust Inc)
Event of Default; Notice. (a) The Preferred Guarantee Trustee shall, within 90 days after the occurrence of an Event of DefaultDefault known to the Preferred Guarantee Trustee, transmit by mail, first class postage prepaid, to the Holders of the Preferred SecuritiesSecuri ties, notices of all such Events of Default actually known to a Responsible Officer of the Preferred Guarantee TrusteeDefault, unless such defaults have been cured before the giving of such notice, provided, that, the Preferred 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 Officer Officers, of the Preferred Guarantee Trustee in good faith determines determine that the withholding of such notice is in the interests of the Holders of the Preferred Securities.
(b) The Preferred Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless except any Event of Default as to which the Preferred Guarantee Trustee shall have received written notice, notice or of which a Responsible Officer of the Preferred Guarantee Trustee charged with the administration of the Declaration shall have obtained actual knowledgewritten notice of.
Appears in 1 contract
Samples: Preferred Securities Guarantee Agreement (Mediaone Group Inc)
Event of Default; Notice. (a) The Preferred Guarantee Trustee shall, within 90 30 days after the occurrence of an a Guarantee Event of Default, transmit by mail, first class postage prepaid, to the Holders of the Preferred SecuritiesHolders, notices of all Guarantee Events of Default with respect to this Preferred Securities Guarantee actually known to a Responsible Officer of the Preferred Guarantee Trustee, unless such defaults Guarantee Events of Default have been cured before the giving of such 9 notice, ; provided, that, the Preferred Guarantee Trustee shall be protected in withholding such notice if and so long as a Responsible Officer of the Preferred Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders of the Preferred SecuritiesHolders.
(b) The Preferred Guarantee Trustee shall not be deemed to have knowledge of any Guarantee Event of Default unless the Preferred Guarantee Trustee shall have received written noticenotice thereof, or of which a Responsible Officer of the Preferred Guarantee Trustee charged with the administration of the Declaration this Preferred Securities Guarantee shall have obtained actual knowledgeknowledge thereof.
Appears in 1 contract
Samples: Preferred Securities Guarantee Agreement (K N Capital Trust Iii)
Event of Default; Notice. (a) The Preferred Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the Holders of the Preferred Securities, notices of all Events of Default actually known to a Responsible Officer of the Preferred Guarantee Trustee, unless such defaults have been cured before the giving of such notice, provided, that, the Preferred 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 Officer Officers of the Preferred Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders of the Preferred Securities.
(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 noticenotice as provided in Section 9.4., or of which a Responsible Officer of the Preferred Guarantee Trustee charged with the administration of the Declaration shall have obtained actual knowledgenotice, of such Event of Default.
Appears in 1 contract
Samples: Preferred Securities Guarantee Agreement (Reliastar Financing V)
Event of Default; Notice. (a) The Preferred Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the Holders of the Preferred Securities, notices of all Events of Default actually known to a Responsible Officer of the Preferred Guarantee Trustee, unless such defaults have been cured before the giving of such notice, provided, that, provided that the Preferred Guarantee Trustee shall be protected in withholding such notice if and so long as a Responsible Officer of the Preferred Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders of the Preferred Securities.
(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 of which unless a Responsible Officer of the Preferred Guarantee Trustee charged with the administration of the Declaration shall have obtained actual knowledgeknowledge thereof.
Appears in 1 contract
Samples: Preferred Securities Guarantee Agreement (Og&e Financing I)
Event of Default; Notice. (a) The Preferred Guarantee Trustee shall, within 90 days after the occurrence of an a Guarantee Event of Default, transmit by mail, first class postage prepaid, to the Holders of the Preferred SecuritiesHolders, notices of all Guarantee Events of Default with respect to this Preferred Securities Guarantee actually known to a Responsible Officer of the Preferred Guarantee Trustee, unless such defaults Guarantee Events of Default have been cured before the giving of such notice, ; provided, that, the Preferred Guarantee Trustee shall be protected in withholding such notice if and so long as a Responsible Officer of the Preferred Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders of the Preferred SecuritiesHolders.
(b) The Preferred Guarantee Trustee shall not be deemed to have knowledge of any Guarantee Event of Default unless the Preferred Guarantee Trustee shall have received written noticenotice thereof, or of which a Responsible Officer of the Preferred Guarantee Trustee charged with the administration of the Declaration shall have obtained actual knowledgeknowledge thereof.
Appears in 1 contract
Samples: Preferred Securities Guarantee Agreement (Federal Mogul Financing Trust)
Event of Default; Notice. (a) The Preferred Guarantee Trustee shall, within 90 ____ days after the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the Holders of the Preferred Securities, notices of all Events of Default actually known to a Responsible Officer of the Preferred Guarantee Trustee, unless such defaults have been cured before the giving of such notice, ; provided, that, except in the Preferred case of a default by Guarantor on any of its payment obligations, the Guarantee Trustee shall be protected in withholding such notice if and so long as a Responsible Officer of the Preferred Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders of the Preferred Securities.
(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 of which a Responsible Officer of the Preferred Guarantee Trustee charged with the administration of the Declaration Trust Agreement shall have obtained actual knowledge.
Appears in 1 contract
Samples: Preferred Securities Guarantee Agreement (Americredit Capital Trust I)
Event of Default; Notice. (a) The Preferred Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the Holders of the Preferred Securities, notices of all Events of Default actually known to a Responsible Officer of the Preferred 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 Guarantee Payment, the Preferred Guarantee Trustee shall be protected in withholding such notice if and so long as a Responsible Officer of the Preferred Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders of the Preferred Securities.
(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 noticenotice thereof, or of which a Responsible Officer of the Preferred Guarantee Trustee charged with the administration of the Declaration Trust Agreement shall have obtained actual knowledge.
Appears in 1 contract
Samples: Preferred Securities Guarantee Agreement (Ncbe Capital Trust I)
Event of Default; Notice. (a) The Preferred Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the Holders of the Preferred Securities, notices of all Events of Default actually known to a Responsible Officer of the Preferred Guarantee Trustee, unless such defaults have been cured before the giving of such notice, provided, that, ; PROVIDED that the Preferred Guarantee Trustee shall be protected in withholding such notice if and so long as a Responsible Officer of the Preferred Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders of the Preferred Securities.
(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 of which a Responsible Officer of the Preferred Guarantee Trustee charged with the administration of the Declaration shall have obtained actual knowledge.
Appears in 1 contract
Samples: Preferred Securities Guarantee Agreement (Viatel Inc)
Event of Default; Notice. (a) The Preferred Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the Holders of the Preferred SecuritiesHolders, notices of all Events of Default actually known to a Responsible Officer of the Preferred Guarantee Trustee, unless such defaults have been cured before the giving of such notice, provided, that, the Preferred Guarantee Trustee shall be protected in withholding such notice if and so long as a Responsible Officer of the Preferred Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders of the Preferred SecuritiesHolders.
(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 noticenotice thereof, or of which a Responsible Officer of the Preferred Guarantee Trustee charged with the administration of the Declaration shall have obtained actual knowledgeknowledge thereof.
Appears in 1 contract
Samples: Preferred Securities Guarantee Agreement (Kennametal Financing I)
Event of Default; Notice. (a) The Preferred Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the Holders of the Preferred Securities, notices of all Events of Default actually known to a Responsible Officer of the Preferred 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 a Guarantee Payment, the Preferred 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 of the Preferred Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders of the Preferred Securities.
(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 of which a Responsible Officer of the Preferred Guarantee Trustee charged with the administration of the Declaration shall have obtained actual knowledge.
Appears in 1 contract
Samples: Preferred Securities Guarantee Agreement (Navigators Group Inc)
Event of Default; Notice. (a) The Preferred Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the Holders of the Preferred Securities, notices of all Events of Default actually known to a Responsible Officer of the Preferred Guarantee Trustee, unless such defaults have been cured before the giving of such notice, provided, that, ; provided that the Preferred Guarantee Trustee shall be protected in withholding such notice if and so long as a Responsible Officer officer of the Preferred Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders of the Preferred Securities.
(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 of which a Responsible Officer of the Preferred Guarantee Trustee charged with the administration of the Declaration shall have obtained actual knowledge.
Appears in 1 contract
Samples: Preferred Securities Guarantee Agreement (Walbro Capital Trust)
Event of Default; Notice. (a) The Preferred Guarantee Trustee shall, within 90 days after the occurrence of an Event of DefaultDefault affecting the Senior Notes known to the Guarantee Trustee, transmit electronically or by mail, first class postage prepaid, to the Holders of the Preferred SecuritiesSenior Notes, notices of all such Events of Default actually known to a Responsible Officer of the Preferred Guarantee TrusteeDefault, unless such defaults have been cured or waived before the giving of such notice, provided, thathowever, that except in the case of a default in the payment by the Guarantor of any amount due under this Guarantee Agreement, the Preferred Guarantee Trustee shall be protected in withholding such notice if and so long as a Responsible Officer of the Preferred Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders of the Preferred SecuritiesSenior Notes.
(b) The Preferred Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless a Responsible Officer of the Preferred Guarantee Trustee shall have actual knowledge, or shall have received written notice, or of which a Responsible Officer such Event of the Preferred Guarantee Trustee charged with the administration of the Declaration shall have obtained actual knowledgeDefault.
Appears in 1 contract
Samples: Senior Debt Securities Guarantee Agreement (Renaissancere Holdings LTD)
Event of Default; Notice. (a) The Preferred Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the Holders of the Preferred Securities, notices of all Events of Default actually known to a Responsible Officer of the Preferred Guarantee Trustee, unless such defaults have been cured before the giving of such notice, notice provided, that, the Preferred Guarantee Trustee shall be protected in withholding such notice if and so long as a Responsible Officer of the Preferred Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders of the Preferred Securities.
(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 of which a Responsible Officer of the Preferred Guarantee Trustee charged with the administration of the Declaration Trust Agreement shall have obtained actual knowledge.
Appears in 1 contract
Samples: Preferred Securities Guarantee Agreement (Pikeville National Corp)
Event of Default; Notice. (a) The Preferred Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the Holders of the Preferred SecuritiesHolders, notices of all Events of Default actually known to a Responsible Officer of the Preferred Guarantee Trustee, unless such defaults have been cured before the giving of such notice, ; provided, that, the Preferred Guarantee Trustee shall be protected in withholding such notice if and so long as a Responsible Officer of the Preferred Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders of the Preferred SecuritiesHolders.
(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 noticenotice thereof, or of which a Responsible Officer of the Preferred Guarantee Trustee charged with the administration of the Declaration shall have obtained actual knowledge.
Appears in 1 contract
Samples: Preferred Securities Guarantee Agreement (Nationwide Financial Services Inc/)
Event of Default; Notice. (a) The Preferred Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the Holders of the Preferred Securities, notices of all Events of Default actually known to a Responsible Officer of the Preferred Guarantee Trustee, unless such defaults have been cured before the giving of such notice, ; provided, thathowever, that the Preferred Guarantee Trustee shall be protected in withholding such notice if and so long as a Responsible Officer of the Preferred Guarantee Trustee in good faith determines that the withholding of such notice is in the interests interest of the Holders of the Preferred Securities.
(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 of which a Responsible Officer of the Preferred Guarantee Trustee charged with the administration of the Declaration Trust Agreement shall have obtained actual knowledge, of such Event of Default.
Appears in 1 contract
Samples: Preferred Securities Guarantee Agreement (Southside Capital Trust I)
Event of Default; Notice. (a) The Preferred Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the Holders of the Preferred Securities, notices of all Events of Default actually known to a Responsible Officer of the Preferred Guarantee Trustee, unless such defaults have been cured before the giving of such notice, provided, that, the Preferred Guarantee Trustee shall be protected in withholding such notice if and so long as a Responsible Officer of the Preferred Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders of the Preferred Securities.
(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 of which a Responsible Officer of the Preferred Guarantee Trustee charged with the administration of the Declaration this Preferred Securities Guarantee shall have obtained actual knowledge, of such Event of Default.
Appears in 1 contract
Samples: Preferred Securities Guarantee Agreement (Unisys Corp)
Event of Default; Notice. (a) The Preferred Guarantee Trustee shall, within 90 days after a Responsible Officer has knowledge of the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the Holders of the Preferred Securities, notices of all Events of Default actually known to a Responsible Officer of the Preferred Guarantee Trustee, unless such defaults have been cured before the giving of such notice, provided, that, the Preferred Guarantee Trustee shall be protected in withholding such notice if and so long as a Responsible Officer of the Preferred Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders of the Preferred Securities.
(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 of which a Responsible Officer of the Preferred Guarantee Trustee charged with the administration of the Declaration shall have obtained actual knowledge.
Appears in 1 contract
Samples: Preferred Securities Guarantee Agreement (Illinois Power Co)
Event of Default; Notice. (a) The Series __ Preferred Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the Holders of the Preferred SecuritiesHolders, notices of all Events of Default actually known to a Responsible Officer of the Series __ Preferred Guarantee Trustee, unless such defaults have been cured before the giving of such notice, provided, that, the Series __ Preferred Guarantee Trustee shall be protected in withholding such notice if and so long as a Responsible Officer of the Preferred Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Preferred Holders of the Series __ Preferred Securities.
(b) The Series __ Preferred Guarantee Trustee shall not be deemed to have actual knowledge of any Event of Default unless the Series __ Preferred Guarantee Trustee shall have received written notice, or of which a Responsible Officer of the Preferred Guarantee Trustee charged with the administration of the Declaration this Series __ Preferred Securities Guarantee shall have obtained actual knowledge.
Appears in 1 contract
Samples: Preferred Securities Guarantee Agreement (General Motors Capital Trust D)
Event of Default; Notice. (a) The Preferred Guarantee Trustee shall, shall within 90 days after the occurrence of an Event of DefaultDefault with respect to this Preferred Security Guarantee actually known to a Responsible Officer of the Preferred Guarantee Trustee, transmit by mail, first class postage prepaid, to the Holders of the Preferred Securities, notices of all such Events of Default actually known to a Responsible Officer of the Preferred Guarantee TrusteeDefault, unless such defaults have been cured before the giving of such notice, provided, that, ; PROVIDED that the Preferred Guarantee Trustee shall be protected in withholding such notice if and so long as a Responsible Officer of the Preferred Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders of the Preferred Securities.
(b) The Preferred Guarantee Trustee shall not be deemed to have knowledge of any Event of Default Default, unless the Preferred Guarantee Trustee shall have received written notice, notice thereof or of which a Responsible Officer of the Preferred Guarantee Trustee charged with the administration of the Declaration shall have obtained actual knowledgeknowledge thereof.
Appears in 1 contract
Samples: Preferred Securities Guarantee Agreement (Suiza Foods Corp)
Event of Default; Notice. (a) The Preferred Guarantee Trustee shall, within 90 days after a responsible Officer of the Preferred Guarantee Trustee obtains actual knowledge of the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the Holders of the Preferred SecuritiesHolders, notices of all such Events of Default actually known to a such Responsible Officer of the Preferred Guarantee Trustee, unless such defaults have been cured before the giving of such notice, provided, that, the Preferred Guarantee Trustee shall be protected in withholding such notice if and so long as a Responsible Officer of the Preferred Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders of the Preferred SecuritiesHolders.
(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 noticenotice thereof, or of which a Responsible Officer of the Preferred Guarantee Trustee charged with the administration of the Declaration shall have obtained actual knowledgeknowledge thereof.
Appears in 1 contract
Samples: Preferred Securities Guarantee Agreement (Cendant Corp)
Event of Default; Notice. (a) The Preferred Guarantee Trustee shall, within 90 days after the occurrence of an Event of DefaultDefault actually known to a Responsible Officer of the Preferred Guarantee Trustee, transmit by mail, first class postage prepaid, to the Holders of the Preferred SecuritiesHolders, notices of all such Events of Default actually known to a Responsible Officer of the Preferred Guarantee TrusteeDefault, unless such defaults have been cured before the giving of such notice, provided, that, the Preferred Guarantee Trustee shall be protected in withholding such notice if and so long as a Responsible Officer of the Preferred Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders of the Preferred Securities.
(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 noticenotice thereof from the Guarantor or a Holder, or of which a Responsible Officer of the Preferred Guarantee Trustee charged with the administration of the Declaration shall have obtained actual knowledge.administra-
Appears in 1 contract
Samples: Preferred Securities Guarantee Agreement (Suntrust Capital Ii)
Event of Default; Notice. (a) The Preferred Guarantee Trustee shall, within 90 days after the occurrence of an Event of DefaultDefault actually known to a Responsible Officer of the Preferred Guarantee Trustee, transmit by mail, first class postage prepaid, to the Holders of the Preferred SecuritiesHolders, notices of all such Events of Default actually known to a Responsible Officer of the Preferred Guarantee TrusteeDefault, unless such defaults have been cured before the giving of such notice, provided, that, the Preferred Guarantee Trustee shall be protected in withholding such notice notice, to the extent permitted by the Trust Indenture Act, if and so long as a Responsible Officer of the Preferred Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders of the Preferred SecuritiesHolders.
(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 noticenotice thereof, or of which a Responsible Officer of the Preferred Guarantee Trustee charged with the administration of the Declaration shall have obtained actual knowledgeknowledge thereof.
Appears in 1 contract
Samples: Preferred Securities Guarantee Agreement (Laclede Capital Trust I)
Event of Default; Notice. (a) The Preferred Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the Holders of the Preferred Securities, notices of all Events of Default actually known to a Responsible Officer of the Preferred Guarantee Trustee, unless such defaults have been cured before the giving of such notice, provided, that, that the Preferred 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 Officer Officers of the Preferred Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders of the Preferred Securities.
(b) The Preferred Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless except any Event of Default as to which the Preferred Guarantee Trustee shall have received written notice, notice or of which a Responsible Officer of the Preferred Guarantee Trustee charged with the administration of the Declaration shall have obtained actual knowledgewritten notice.
Appears in 1 contract
Samples: Preferred Securities Guarantee Agreement (Fleetwood Enterprises Inc/De/)
Event of Default; Notice. (a) The Preferred Guarantee Trustee shall, within 90 days after the occurrence of an Event of DefaultDefault known to the Preferred Guarantee Trustee, transmit by mail, first class postage prepaid, to the Holders of the Preferred Securities, notices of all such Events of Default actually known to a Responsible Officer of the Preferred Guarantee TrusteeDefault, unless such defaults have been cured or waived before the giving of such notice, provided, that, the Preferred 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 Officer Officers, of the Preferred Guarantee Trustee in good faith determines determine that the withholding of such notice is in the interests of the Holders of the Preferred Securities.
(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 except any Event of Default as to which a Responsible Officer of the Preferred Guarantee Trustee shall have received written notice or a Responsible Officer charged with the administration of the Declaration shall have obtained actual knowledgewritten notice of.
Appears in 1 contract
Samples: Preferred Securities Guarantee Agreement (Sempra Energy Holdings)
Event of Default; Notice. (a) The Preferred Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the Holders of the Preferred Securities, notices of all Events of Default actually known to a Responsible Officer of the Preferred Guarantee Trustee, transmit by mail, first class postage prepaid, to the Holders, notices of all such Events of Default unless such defaults have been cured before the giving of such notice, provided, that, provided that the Preferred Guarantee Trustee shall be protected in withholding such notice if and so long as a Responsible Officer of the Preferred Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders except in the case of a default in the Preferred SecuritiesGuarantor's obligation to make Guarantee Payments.
(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 noticenotice thereof, or of which a Responsible Officer of the Preferred Guarantee Trustee charged with the administration of the Declaration this Preferred Securities Guarantee shall have obtained actual knowledgeknowledge thereof.
Appears in 1 contract
Samples: Preferred Securities Guarantee Agreement (Capital Trust)
Event of Default; Notice. (a) The Preferred Guarantee Trustee shall, within 90 days after a Responsible Officer has knowledge of the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the Holders of the Preferred Securities, notices of all Events of Default actually known to a Responsible Officer of the Preferred Guarantee Trustee, unless such defaults have been cured before the giving of such notice, provided, that, the Preferred Guarantee Trustee shall be protected in withholding such notice if and so long as a Responsible Officer of the Preferred Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders of the Preferred Securities.
(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 of which a Responsible Officer of the Preferred Guarantee Trustee charged with the administration of the Declaration shall have obtained actual knowledge, of such Event of Default.
Appears in 1 contract
Samples: Preferred Securities Guarantee Agreement (Arvin Capital I)
