Event of Default; Notice. (a) The Capital Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the Holders, notices of all Events of Default actually known to a Responsible Officer of the Capital Guarantee Trustee, unless such defaults have been cured before the giving of such notice; provided, that the Capital Guarantee Trustee shall be protected in withholding such notice if and so long as a Responsible Officer of the Capital Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders. (b) The Capital Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless either the Capital Guarantee Trustee shall have received written notice, or a Responsible Officer of the Capital Guarantee Trustee charged with the administration of the Declaration shall have obtained actual knowledge.
Appears in 31 contracts
Samples: Capital Securities Guarantee Agreement (Citigroup Capital XXII), Capital Securities Guarantee Agreement (Citigroup Inc), Capital Securities Guarantee Agreement (Citigroup Capital XIX)
Event of Default; Notice. (a) The Capital Guarantee Trustee shall, within 90 days after the occurrence of an Event of DefaultDefault actually known to a Responsible Officer, transmit by mail, first class postage prepaid, to the all Holders, notices notice of all Events such Event of Default actually known to a Responsible Officer of the Capital Guarantee TrusteeDefault, unless such defaults have Event of Default has been cured before the giving of such notice; providedprovided that except for a default in the payment of any Guarantee Payment, that the Capital Guarantee Trustee shall be protected in withholding such notice if and so long as a Responsible Officer of the Capital Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders.
(b) The Capital Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless either the Capital Guarantee Trustee shall have received written noticenotice from the Company, or a Responsible Officer of the Capital Guarantee Trustee charged with the administration of the Declaration shall have obtained actual knowledge, of such Event of Default.
Appears in 18 contracts
Samples: Guarantee Agreement (New York Community Bancorp Inc), Guarantee Agreement (New York Community Bancorp Inc), Guarantee Agreement (New York Community Bancorp Inc)
Event of Default; Notice. (a) The Capital Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the Holders, notices of all Events of Default actually known to a Responsible Officer of the Capital Guarantee Trustee, unless such defaults have been cured before the giving of such notice; provided, that provided that, the Capital Guarantee Trustee shall be protected in withholding such notice if and so long as the board of directors, the executive committee, or a trust committee of directors or Responsible Officer Officers of the Capital Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders.
(b) The Capital Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless either the Capital Guarantee Trustee shall have received written notice, or a Responsible Officer of the Capital Guarantee Trustee charged with the administration of the Declaration Trust Agreement shall have obtained actual knowledgewritten notice, of such Event of Default.
Appears in 13 contracts
Samples: Guarantee Agreement (Tu Electric Capital I), Guarantee Agreement (Tu Electric Capital Ii), Guarantee Agreement (Tu Electric Capital I)
Event of Default; Notice. (a) The Capital Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the Holders, notices a notice of all Events such Event of Default actually known to a Responsible Officer of the Capital Guarantee Trustee, unless such defaults default shall have been cured or waived before the giving of such notice; provided, provided that the Capital Guarantee Trustee shall be protected in withholding such notice if and so long as the board of directors, the executive committee, or a trust committee of directors or Responsible Officer Officers of the Capital Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders.
(b) The Capital Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless either the Capital Guarantee Trustee shall have received written notice, or a Responsible Officer of the Capital Guarantee Trustee charged with the administration of the Declaration Trust Agreement shall have obtained actual knowledgereceived written notice of such Event of Default.
Appears in 8 contracts
Samples: Guarantee Agreement (Txu Capital Iv), Guarantee Agreement (Txu Gas Capital Iv), Guarantee Agreement (Texas Utilities Co /Tx/)
Event of Default; Notice. (a) The Capital Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the HoldersHolders of the Capital Securities, notices of all Events of Default actually known to a Responsible Officer of the Capital Guarantee Trustee, unless such defaults have been cured before the giving of such notice; , provided, that that, the Capital Guarantee Trustee shall be protected in withholding such notice if and so long as a Responsible Officer of the Capital Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the HoldersHolders of the Capital Securities.
(b) The Capital Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless either the Capital Guarantee Trustee shall have received a properly addressed written notice, or of which a Responsible Officer of the Capital Guarantee Trustee charged with the administration of the Declaration Trust Agreement shall have obtained actual knowledge.
Appears in 8 contracts
Samples: Capital Securities Guarantee Agreement (Community First Bankshares Inc), Capital Securities Guarantee Agreement (Community First Bankshares Inc), Capital Securities Guarantee Agreement (Community First Bankshares Inc)
Event of Default; Notice. (a) The Capital Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the Holders, notices of all Events of Default actually known to a Responsible Officer of the Capital Guarantee Trustee, unless such defaults have been cured before the giving of such notice; , provided, that that, except in the Capital 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 committee of Responsible Officer Officers of the Capital Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders.
(b) The Capital Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless either the Capital Guarantee Trustee shall have received written notice, or a Responsible Officer of the Capital Guarantee Trustee charged with the administration of the Declaration this Guarantee Agreement shall have obtained actual knowledgewritten notice of such Event of Default.
Appears in 8 contracts
Samples: Guarantee Agreement (Schwab Capital Trust Ii), Guarantee Agreement (Schwab Charles Corp), Guarantee Agreement (Schwab Charles Corp)
Event of Default; Notice. (a) The Capital Investment Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the HoldersHolders of the Affiliate Debenture, notices of all Events of Default actually known to a Responsible Officer of the Capital Investment Guarantee Trustee, unless such defaults have been cured before the giving of such notice; , provided, that that, the Capital Investment Guarantee Trustee shall be protected in withholding such notice if and so long as a Responsible Officer of the Capital Investment Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the HoldersHolders of the Affiliate Debenture.
(b) The Capital Investment Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless either the Capital Investment Guarantee Trustee shall have received written notice, or of which a Responsible Officer of the Capital Investment Guarantee Trustee charged with the administration of the Declaration Affiliate Debenture shall have obtained actual knowledge.
Appears in 7 contracts
Samples: Affiliate Debenture Guarantee Agreement (Enron Preferred Funding Ii L P), Affiliate Debenture Guarantee Agreement (Enron Capital Trust Ii), Affiliate Debenture Guarantee Agreement (Enron Capital Trust I)
Event of Default; Notice. (a) The Capital Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the Holders, notices of all Events of Default actually known to a Responsible Officer of the Capital Guarantee Trustee, unless such defaults have been cured before the giving of such notice; provided, that the Capital Guarantee Trustee shall be protected in withholding such notice if and so long as a Responsible Officer of the Capital Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders.
(b) The Capital Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless either the Capital Guarantee Trustee shall have received written notice, or a Responsible Officer of the Capital Guarantee Trustee charged with the administration of the Declaration shall have obtained actual knowledge.
Appears in 6 contracts
Samples: Guarantee Agreement, Securities Purchase and Exchange Agreement, Guarantee Agreement (Ally Financial Inc.)
Event of Default; Notice. (a) The Capital Common Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the HoldersHolders of the Common Securities, notices of all Events of Default actually known to a Responsible Officer of the Capital Common Guarantee Trustee, unless such defaults have been cured before the giving of such notice; , provided, that that, the Capital Common Guarantee Trustee shall be protected in withholding such notice if and so long as a Responsible Officer of the Capital Common Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the HoldersHolders of the Common Securities.
(b) The Capital Common Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless either the Capital Common Guarantee Trustee shall have received written notice, or unless a Responsible Officer of the Capital Common Guarantee Trustee charged with the administration of the Declaration shall have obtained actual knowledgeknowledge thereof.
Appears in 5 contracts
Samples: Common Securities Guarantee Agreement (Protective Life Corp), Common Securities Guarantee Agreement (Protective Life Corp), Common Securities Guarantee Agreement (NSP Financing Ii)
Event of Default; Notice. (a) The Capital Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the Holders, notices of all Events of Default actually known to a Responsible Officer of the Capital Guarantee Trustee, unless such defaults have been cured before the giving of such notice; provided, provided that the Capital Guarantee Trustee shall be protected in withholding such notice if and so long as the board of directors, the executive committee, or a trust committee of directors and/or Responsible Officer Officers of the Capital Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders.
(b) The Capital Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless either the Capital Guarantee Trustee shall have received written noticenotice thereof from the Guarantor or a Holder, or a Responsible Officer of the Capital Guarantee Trustee charged with the administration of the Declaration of Trust shall have obtained actual knowledge, of such Event of Default.
Appears in 4 contracts
Samples: Preferred Securities Guarantee Agreement, Preferred Securities Guarantee Agreement (Peco Energy Co), Preferred Securities Guarantee Agreement (Commonwealth Edison Co)
Event of Default; Notice. (a) The Capital Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the HoldersHolders of the Securities, notices of all Events of Default actually known to a Responsible Officer of the Capital Guarantee Trustee, unless such defaults have been cured before the giving of such notice; provided, provided that the Capital Guarantee Trustee shall be protected in withholding such notice if and so long as a Responsible Officer of the Capital Guarantee Trustee determines in good faith determines that the withholding of such notice is in the interests of the HoldersHolders of the Securities.
(b) The Capital Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless either the Capital Guarantee Trustee shall have received written notice, notice or a Responsible Officer of the Capital Guarantee Trustee Trustee, charged with the administration of the Declaration Declaration, shall have obtained actual knowledge.
Appears in 3 contracts
Samples: Guarantee Agreement (Ucu Capital Trust I), Guarantee Agreement (Ucu Capital Trust I), Guarantee Agreement (Nipsco Capital Trust I)
Event of Default; Notice. (a) The Capital Guarantee Trustee shall, within 90 days after the Capital Guarantee Trustee has actual knowledge of the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the HoldersHolders of the Capital Securities, notices of all Events such Event of Default actually known to a Responsible Officer of the Capital Guarantee TrusteeDefault, unless such defaults have default has been cured before the giving of such notice; provided, that and the Capital Guarantee Trustee shall be protected in withholding such notice if and so long as a Responsible Officer of the Capital Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holdersdefault has been cured.
(b) The Capital Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless either the Capital Guarantee Trustee shall have received a properly addressed written notice, or of which a Responsible Officer of the Capital Guarantee Trustee charged with the administration of the Declaration Trust Agreement shall have obtained actual knowledge.
Appears in 3 contracts
Samples: Capital Securities Guarantee Agreement (Air T Inc), Capital Securities Guarantee Agreement (Air T Funding), Capital Securities Guarantee Agreement (Air T Inc)
Event of Default; Notice. (a) The Capital Securities Guarantee Trustee shall, within 90 days after the occurrence of an Event of DefaultDefault hereunder, transmit by mail, first class postage prepaid, to the all Holders, notices of all Events of Default actually known to a Responsible Officer of the Capital Guarantee TrusteeOfficer, unless such defaults have been cured before the giving of such notice; , provided, that that, except in the case of default in the payment of any Guarantee Payment, the Capital Securities Guarantee Trustee shall be protected in withholding such notice if and so long as a Responsible Officer of the Capital Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders.
(b) The Capital Securities Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless either the Capital Securities Guarantee Trustee shall have received written noticenotice from the Guarantor, or a Responsible Officer of the Capital Guarantee Trustee charged with the administration of the Declaration shall have obtained actual knowledge, of such Event of Default.
Appears in 3 contracts
Samples: Series a Capital Securities Guarantee Agreement (Webster Capital Trust Ii), Capital Securities Guarantee Agreement (Eagle Financial Corp), Series B Capital Securities Guarantee Agreement (Webster Capital Trust Ii)
Event of Default; Notice. (a) The Capital Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the Holders, notices of all Events of Default actually known to a Responsible Officer of the Capital Guarantee Trustee, unless such defaults have been cured or waived before the giving of such notice; provided, that provided that, the Capital Guarantee Trustee shall be protected in withholding such notice if and so long as the board of directors, the executive committee, or a trust committee of directors or Responsible Officer Officers of the Capital Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders.
(b) The Capital Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless either the Capital Guarantee Trustee shall have received written notice, or a Responsible Officer of the Capital Guarantee Trustee charged with the administration of the Declaration Trust Agreement shall have obtained actual knowledgewritten notice of such Event of Default.
Appears in 3 contracts
Samples: Guarantee Agreement (Texas Utilities Electric Co), Guarantee Agreement (Tu Electric Capital V), Guarantee Agreement (Texas Utilities Electric Co)
Event of Default; Notice. (a) The Capital Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the Holders, notices of all Events of Default actually known to a Responsible Officer of the Capital Guarantee Trustee, unless such defaults have been cured before the giving of such notice; provided, provided that the Capital Guarantee Trustee shall be protected in withholding such notice if and so long as the board of directors, the executive committee, or a trust committee of directors and/or Responsible Officer Officers of the Capital Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders.
(b) The Capital Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless either the Capital Guarantee Trustee shall have received written noticenotice thereof from the Guarantor or a Holder, or a Responsible Officer of the Capital Guarantee Trustee charged with the administration of the Declaration of Trust shall have obtained actual knowledge, of such Event of Default.
Appears in 2 contracts
Samples: Preferred Securities Guarantee Agreement (Exelon Corp), Preferred Securities Guarantee Agreement (Exelon Corp)
Event of Default; Notice. (a) The Capital Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the Holders, notices of all Events of Default actually known to a Responsible Officer of the Capital Guarantee Trustee, unless such defaults have been cured before the giving of such notice; , provided, that that, the Capital Guarantee Trustee shall be protected in withholding such notice if and so long as a Responsible Officer of the Capital Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the HoldersHolders of the Capital Securities.
(b) The Capital Guarantee Trustee shall not be deemed to have actual knowledge of any Event of Default unless either the Capital Guarantee Trustee shall have received written notice, or of which a Responsible Officer of the Capital Guarantee Trustee charged with the administration of the Declaration this Capital Securities Guarantee shall have obtained actual knowledge.
Appears in 2 contracts
Samples: Capital Securities Guarantee Agreement (Fleet Financial Group Inc), Capital Securities Guarantee Agreement (Fleet Financial Group Inc)
Event of Default; Notice. (a) The Capital Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the Holders, notices of all Events of Default actually known to a Responsible Officer of the Capital Guarantee Trustee, unless such defaults have been cured or waived before the giving of such notice; provided, provided that the Capital Guarantee Trustee shall be protected in withholding such notice if and so long as the board of directors, the executive committee, or a trust committee of directors or Responsible Officer Officers of the Capital Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders.
(b) The Capital Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless either the Capital Guarantee Trustee shall have received written notice, or a Responsible Officer of the Capital Guarantee Trustee charged with the administration of the Declaration Guarantee shall have obtained actual knowledgeknowledge of the Event of Default.
Appears in 2 contracts
Samples: Guarantee Agreement (FPL Group Inc), Guarantee Agreement (FPL Group Capital Inc)
Event of Default; Notice. (a) The Capital Guarantee Trustee shall, within 90 days after the occurrence of an Event of DefaultDefault hereunder, transmit by mail, first class postage prepaid, to the all Holders, notices of all Events of Default actually known to a Responsible Officer of the Capital Guarantee TrusteeOfficer, unless such defaults have been cured before the giving of such notice; , provided, that that, except in the Capital 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 a Responsible Officer of the Capital Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders.
(b) The Capital Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless either the Capital Guarantee Trustee shall have received written noticenotice from the Guarantor, or a Responsible Officer of the Capital Guarantee Trustee charged with the administration of the Declaration shall have obtained actual knowledge, of such Event of Default.
Appears in 2 contracts
Samples: Guarantee Agreement (Mainstreet Bankgroup Inc), Guarantee Agreement (Mainstreet Bankgroup Inc)
Event of Default; Notice. (a) The Capital Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the HoldersHolders of the Capital Securities, notices of all Events of Default actually known to a Responsible Officer of the Capital Guarantee Trustee, unless such defaults have been cured before the giving of such notice; , provided, that that, the Capital Guarantee Trustee shall be protected in withholding such notice if and so long as a Responsible Officer of the Capital Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the HoldersHolders of the Capital Securities.
(b) The Capital Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless either the Capital Guarantee Trustee shall have received written notice, or of which a Responsible Officer of the Capital Guarantee Trustee charged with the administration of the Declaration shall have obtained actual knowledge.
Appears in 2 contracts
Samples: Series a Capital Securities Guarantee Agreement (Interpool Inc), Capital Securities Guarantee Agreement (MCN Financing Iv)
Event of Default; Notice. (a) The Capital 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, notices of all such Events of Default actually known to a Responsible Officer of the Capital Guarantee TrusteeDefault, unless such defaults have been cured or waived before the giving of such notice; , provided, that that, the Capital Guarantee Trustee shall be protected in withholding such notice if and so long as a Responsible Officer of the Capital Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders.
(b) The Capital Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless either the Capital Guarantee Trustee shall have received written noticenotice thereof, or a Responsible Officer of the Capital Guarantee Trustee charged with the administration of the Declaration shall have obtained actual knowledgeknowledge thereof.
Appears in 2 contracts
Samples: Guarantee Agreement (PCHC Finance I), Guarantee Agreement (Ingersoll Rand Co)
Event of Default; Notice. (a) The Capital Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the HoldersHolders of the Securities, notices of all Events of Default actually known to a Responsible Officer of the Capital Guarantee Trustee, unless such defaults have been cured before the giving of such notice; provided, provided that the Capital Guarantee Trustee shall be protected in withholding such notice if and so long as a Responsible Officer of the Capital Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the HoldersHolders of the Securities.
(b) The Capital Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless either the Capital Guarantee Trustee shall have received written notice, or a Responsible Officer of the Capital Guarantee Trustee charged with the administration of the Declaration Trust Agreement shall have obtained actual knowledgeknowledge of such Event of Default.
Appears in 1 contract
Samples: Capital Securities Guarantee Agreement (Webster Capital Trust Vi)
Event of Default; Notice. (a) The Capital Guarantee Trustee shall, within 90 days after the occurrence of an Event of DefaultDefault actually known to a Responsible Officer of the Guarantee Trustee, transmit by mail, first class postage prepaid, to the Holders, notices of all such Events of Default actually known to a Responsible Officer of the Capital Guarantee TrusteeDefault, unless such defaults have been cured or waived before the giving of such notice; , provided, that that, the Capital Guarantee Trustee shall be protected in withholding such notice if and so long as a Responsible Officer of the Capital Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders.
(b) The Capital Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless either the Capital Guarantee Trustee shall have received written noticenotice thereof, or a Responsible Officer of the Capital Guarantee Trustee charged with the administration of the Declaration shall have obtained actual knowledgeknowledge thereof.
Appears in 1 contract
Event of Default; Notice. (a) The Capital Guarantee Trustee shall, within 90 days after the occurrence of an Event of DefaultDefault actually known to a Responsible Officer of the Guarantee Trustee, transmit by mail, first class postage prepaid, to the Holders, notices of all such Events of Default actually known to a Responsible Officer of the Capital Guarantee TrusteeDefault, unless such defaults have been cured or waived before the giving of such notice; , provided, that the Capital Guarantee Trustee shall be protected in withholding such notice if and so long as a Responsible Officer of the Capital Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders.
(b) The Capital Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless either the Capital Guarantee Trustee shall have received written noticenotice thereof, or a Responsible Officer of the Capital Guarantee Trustee charged with the administration of the Declaration shall have obtained actual knowledgeknowledge thereof.
Appears in 1 contract
Event of Default; Notice. (a) The Capital Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the HoldersHolders of the Series B Capital Securities, notices of all Events of Default actually known to a Responsible Officer of the Capital Guarantee Trustee, unless such defaults have been cured before the giving of such notice; , provided, that that, the Capital Guarantee Trustee shall be protected in withholding such notice if and so long as a Responsible Officer of the Capital Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the HoldersHolders of the Series B Capital Securities.
(b) The Capital Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless either the Capital Guarantee Trustee shall have received written notice, or of which a Responsible Officer of the Capital Guarantee Trustee charged with the administration of the Declaration shall have obtained actual knowledge.
Appears in 1 contract
Samples: Series B Capital Securities Guarantee Agreement (Interpool Capital Trust)
Event of Default; Notice. (a) The Capital Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the HoldersHolders of the Company Securities, notices of all Events of Default actually known to a Responsible Officer of the Capital Guarantee Trustee, unless such defaults have been cured before the giving of such notice; , provided, that that, the Capital Guarantee Trustee shall be protected in withholding such notice if and so long as a Responsible Officer of the Capital Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the HoldersHolders of the Company Securities.
(b) The Capital Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless either the Capital Guarantee Trustee shall have received written notice, or of which a Responsible Officer of the Capital Guarantee Trustee charged with the administration of the Declaration Guarantee shall have obtained actual knowledge.
Appears in 1 contract
Samples: Guarantee Agreement (Comcast Cable Communications Inc)
Event of Default; Notice. (a) The Capital Guarantee Trustee shall, within 90 days after the occurrence of an Event of DefaultDefault actually known to a Responsible Officer of the Guarantee Trustee, transmit by mail, first class postage prepaid, to the Holders, notices of all such Events of Default actually known to a Responsible Officer of the Capital Guarantee Trustee, unless such defaults have been cured before the giving of such notice; provided, PROVIDED that the Capital Guarantee Trustee shall be protected in withholding such notice if and so long as a Responsible Officer of the Capital Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders.
(b) The Capital Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless either the Capital Guarantee Trustee shall have received written noticenotice thereof, or a Responsible Officer of the Capital Guarantee Trustee charged with the administration of the Declaration this Guarantee shall have obtained actual knowledgeknowledge thereof.
Appears in 1 contract
Event of Default; Notice. (a) The Capital Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the Holders, notices of all Events of Default actually known to a Responsible Officer of the Capital Guarantee Trustee, unless such defaults have been cured before the giving of such notice; , provided, that that, the Capital Guarantee Trustee shall be protected in withholding such notice if and so long as a Responsible Officer of the Capital Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders.
(b) The Capital Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless either the Capital Guarantee Trustee shall have received written noticenotice thereof, or a Responsible Officer of the Capital Guarantee Trustee charged with the administration of the Declaration shall have obtained actual knowledgeknowledge thereof.
Appears in 1 contract
Event of Default; Notice. (a) The Capital Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the Holders, notices of all Events of Default actually known to a Responsible Officer as being an Event of the Capital Guarantee TrusteeDefault hereunder, unless such defaults have been cured before the giving of such notice; provided, that the Capital Guarantee Trustee shall be protected in withholding such notice if and so long as a Responsible Officer of the Capital Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders.
(b) The Capital Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless either the Capital Guarantee Trustee shall have received written noticenotice thereof, or a Responsible Officer of the Capital Guarantee Trustee charged with the administration of the Declaration shall have obtained actual knowledge.
Appears in 1 contract
Samples: Capital Securities Guarantee Agreement (PNC Capital Trust G)
Event of Default; Notice. (a) The Capital Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the HoldersHolders of the Securities, notices of all Events of Default actually known to a Responsible Officer of the Capital Guarantee Trustee, unless such defaults have been cured before the giving of such notice; provided, however, that the Capital Guarantee Trustee shall be protected in withholding such notice if and so long as a Responsible Officer of the Capital Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the HoldersHolders of the Securities.
(b) The Capital Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless either the Capital Guarantee Trustee shall have received written notice, or a Responsible Officer of the Capital Guarantee Trustee charged with the administration of the Declaration shall have obtained actual knowledge.
Appears in 1 contract
Samples: Securities Guarantee Agreement (Washington Water Power Co)
Event of Default; Notice. (a) The Capital Guarantee Trustee shall, within 90 days after the occurrence of an Event of DefaultDefault actually known to a Responsible Officer, transmit by mail, first class postage prepaid, to the all Holders, notices notice of all Events such Event of Default actually known to a Responsible Officer of the Capital Guarantee TrusteeDefault, unless such defaults have Event of Default has been cured before the giving of such notice; providedprovided that except for a default in the payment of any Guarantee Payment, that the Capital Guarantee Trustee shall be protected in withholding such notice if and so long as a Responsible Officer of the Capital Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders.
(b) The Capital Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless either the Capital Guarantee Trustee shall have received written noticenotice from the Guarantor, or a Responsible Officer of the Capital Guarantee Trustee charged with the administration of the Declaration shall have obtained actual knowledge, of such Event of Default.
Appears in 1 contract
Samples: Guarantee Agreement (New York Community Bancorp Inc)