Event of Default; Notice. (a) The Trust 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 Trust Preferred Guarantee Trustee, unless such Events of Default have been cured before the giving of such notice; provided, that, the Trust Preferred Guarantee Trustee shall be protected in withholding such notice if and so long as a Responsible Officer of the Trust 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 Trust Preferred Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless a Responsible Officer of the Trust Preferred Guarantee Trustee shall have received written notice, or a Responsible Officer of the Trust Preferred Guarantee Trustee charged with the administration of this Trust Preferred Guarantee shall have obtained actual knowledge, of such Event of Default.
Appears in 7 contracts
Samples: Subordinated Guarantee Agreement (Deutsche Bank Contingent Capital LLC V), Subordinated Guarantee Agreement (Deutsche Bank Capital Funding Trust VIII), Subordinated Guarantee Agreement (Deutsche Bank Contingent Capital LLC V)
Event of Default; Notice. (a) The Trust 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 Trust Preferred Securities Securities, notices of all Events of Default actually known to a Responsible Officer of the Trust Preferred Guarantee Trustee, unless such Events of Default defaults have been cured before the giving of such notice; provided, that, except in the case of a default by Guarantor on any of its payment obligations, the Trust 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 the directors and/or Responsible Officer Officers of the Trust 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 Trust Preferred Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless a Responsible Officer of the Trust Preferred Guarantee Trustee shall have received written noticenotice of such Event of Default, or a Responsible Officer of the Trust Preferred Guarantee Trustee charged with the administration of this the Trust Preferred Guarantee Agreement shall have obtained actual knowledge, knowledge of such Event of Default.
Appears in 7 contracts
Samples: Trust Preferred Securities Guarantee Agreement (San Rafael Bancorp), Trust Preferred Securities Guarantee Agreement (Alabama National Bancorporation), Trust Preferred Securities Guarantee Agreement (Florida Banks Inc)
Event of Default; Notice. (a) The Trust Class B 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 Class B Preferred Securities (and, for so long as the Initial Holder is the Holder of the Class B Preferred Securities, also to the Holders of the Trust Preferred Securities Securities), notices of all Events of Default actually known to a Responsible Officer of the Trust Class B Preferred Guarantee Trustee, unless such Events of Default have been cured before the giving of such notice; provided, that, the Trust Class B Preferred Guarantee Trustee shall be protected in withholding such notice if and so long as a Responsible Officer of the Trust Class B Preferred Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders of the Class B Preferred Securities or Trust Preferred Securities.
(b) The Trust Class B Preferred Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless a Responsible Officer of the Trust Class B Preferred Guarantee Trustee shall have received written notice, or a Responsible Officer of the Trust Class B Preferred Guarantee Trustee charged with the administration of this Trust Class B Preferred Guarantee shall have obtained actual knowledge, of such Event of Default.
Appears in 6 contracts
Samples: Subordinated Guarantee Agreement (Deutsche Bank Contingent Capital LLC V), Subordinated Guarantee Agreement (Deutsche Bank Contingent Capital LLC II), Subordinated Guarantee Agreement (Deutsche Bank Contingent Capital LLC III)
Event of Default; Notice. (a) The Trust 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 Securities, notices of all Events of Default actually known to a Responsible Officer of the Trust Preferred Guarantee Trustee, unless such Events of Default defaults have been cured before the giving of such notice; , provided, that, the Trust Preferred Guarantee Trustee shall be protected in withholding such notice if and so long as a Responsible Officer of the Trust 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 Trust Preferred Securities.
(b) The Trust Preferred Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless a Responsible Officer of the Trust Preferred Guarantee Trustee shall have received written notice, or of which a Responsible Officer of the Trust Preferred Guarantee Trustee charged with the administration of this Trust Preferred Guarantee the Declaration shall have obtained actual knowledge, of such Event of Default.
Appears in 5 contracts
Samples: Trust Preferred Securities Guarantee Agreement (Enron Capital Trust Ii), Trust Preferred Securities Guarantee Agreement (Enron Capital Trust I), Trust Preferred Securities Guarantee Agreement (Enron Capital Trust I)
Event of Default; Notice. (a) The Trust 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 Securities, notices of all Events of Default actually known to a Responsible Officer of the Trust Preferred Guarantee Trustee, unless such Events of Default defaults have been cured before the giving of such notice; , provided, that, except in the case of default in any Guarantee Payment, the Trust Preferred Guarantee Trustee shall be protected in withholding such notice if and so long as a Responsible Officer of the Trust 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 Trust Preferred Securities.
(b) The Trust Preferred Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless a Responsible Officer of the Trust Preferred Guarantee Trustee shall have received written notice, or a Responsible Officer of the Trust Preferred Guarantee Trustee charged with the administration of this Trust Preferred Guarantee the Declaration shall have obtained actual knowledge, of such Event of Default.
Appears in 4 contracts
Samples: Trust Preferred Securities Guarantee Agreement (Uds Funding Ii Lp), Trust Preferred Securities Guarantee Agreement (Merrill Lynch Preferred Capital Trust Iv), Trust Preferred Securities Guarantee Agreement (Merrill Lynch Preferred Capital Trust Ii)
Event of Default; Notice. (a) The Trust 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 Securities, notices of all Events of Default actually known to a Responsible Officer of the Trust Preferred Guarantee Trustee, unless such Events of Default defaults have been cured before the giving of such notice; provided, that, except in the Trust case of a default by Guarantor under the terms of this Preferred Securities Guarantee on any of its payment obligations, the Preferred Guarantee Trustee shall be protected in withholding such notice if and so long as a Responsible Officer of the Trust 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 Trust Preferred Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless a Responsible Officer of the Trust Preferred Guarantee Trustee shall have received written notice, or of which a Responsible Officer of the Trust Preferred Guarantee Trustee charged with the administration of this the Trust Preferred Guarantee Agreement shall have obtained actual knowledge, knowledge of such Event of Default.
Appears in 4 contracts
Samples: Preferred Securities Guarantee Agreement (Baylake Capital Trust I), Preferred Securities Guarantee Agreement (Team Financial Capital Trust I), Preferred Securities Guarantee Agreement (First Busey Capital Trust I)
Event of Default; Notice. (a) The Trust 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 Trust Preferred Securities Securities, notices of all Events of Default defaults actually known to a Responsible Officer of the Trust Preferred Securities Guarantee Trustee, unless such Events of Default defaults have been cured before the giving of such notice; provided, thatprovided that except in the case of default in the payment of any Guarantee Payment, the Trust 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 Trust Preferred Securities 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 Trust Preferred Securities Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless a Responsible Officer of the Trust Preferred Securities Guarantee Trustee shall have received written notice, or a Responsible Officer of the Trust Preferred Securities Guarantee Trustee charged with the administration of this Trust Preferred Securities Guarantee shall have obtained actual knowledge, of such Event of Default.
Appears in 4 contracts
Samples: Preferred Securities Guarantee Agreement (American General Corp /Tx/), Preferred Securities Guarantee Agreement (American General Corp /Tx/), Preferred Securities Guarantee Agreement (American General Corp /Tx/)
Event of Default; Notice. (a) The Trust Preferred Guarantee Property Trustee shall, within 90 days after the occurrence of an Event of Defaultany default with respect to the Securities, transmit by mail, first class postage prepaid, to the Holders of the Trust Preferred Securities and to the Sponsor, notices of all Events of Default such defaults actually known to a Responsible Officer of the Trust Preferred Guarantee Property Trustee, unless such Events of Default defaults have been cured before the giving of such noticenotice (the term "defaults" for the purposes of this Section 2.7(a) being hereby defined to be a Default as defined in the Indenture, not including any periods of grace provided for therein and irrespective of the giving of any notice provided therein); provided, provided that, except for (i) a default in the Trust Preferred Guarantee payment of principal of (or premium, if any) or interest on any of the Debentures or (ii) any failure by the Company to deliver the required securities or other rights upon a conversion or exchange election, the Property Trustee shall be protected in withholding such notice if and so long as a committee of Responsible Officer Officers of the Trust Preferred Guarantee Property 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 Trust Preferred Guarantee Property Trustee shall not be deemed to have actual knowledge of any Event default except:
(i) a default under Sections 6.01(a) and 6.01(b) of Default unless the Indenture; or
(ii) any default as to which the Property Trustee shall have received written notice or of which a Responsible Officer of the Trust Preferred Guarantee Trustee shall have received written notice, or a Responsible Officer of the Trust Preferred Guarantee Property Trustee charged with the administration of this Trust Preferred Guarantee the Agreement shall have obtained actual knowledge.
(c) Within ten Business Days after the occurrence of any Event of Default actually known to a Responsible Officer of the Property Trustee, the Property Trustee shall transmit notice of such Event of DefaultDefault to the Holders of the Preferred Securities, the Administrative Trustees and the Sponsor, unless such Event of Default shall have been cured, waived or otherwise eliminated. The Sponsor and the Administrative Trustees shall file annually with the Property Trustee a certification as to whether or not they are in compliance with all the conditions and covenants applicable to them under this Agreement.
Appears in 4 contracts
Samples: Trust Agreement (Hercules Inc), Trust Agreement (Hercules Inc), Trust Agreement (Hercules Inc)
Event of Default; Notice. (a) The Trust Preferred Securities Guarantee Trustee shall, within 90 days after a Responsible Officer of the Preferred Securities 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 Trust Preferred Securities Holders, notices of all such Events of Default actually known to a such Responsible Officer of the Trust Preferred Securities Guarantee Trustee, unless such Events of Default defaults have been cured before the giving of such notice; , provided, that, the Trust Preferred Securities Guarantee Trustee shall be protected in withholding such notice if and so long as a Responsible Officer of the Trust Preferred Securities Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders of the Trust Preferred SecuritiesHolders.
(b) The Trust Preferred Securities Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless a Responsible Officer of the Trust Preferred Securities Guarantee Trustee shall have received written noticenotice thereof, or a Responsible Officer of the Trust Preferred Securities Guarantee Trustee charged with the administration of this Trust Preferred Guarantee the Declaration shall have obtained actual knowledge, of such Event of Defaultknowledge thereof.
Appears in 4 contracts
Samples: Preferred Securities Guarantee Agreement (MetLife Capital Trust V), Preferred Securities Guarantee Agreement (GBL Trust I), Preferred Securities Guarantee Agreement (Cccisg Capital Trust)
Event of Default; Notice. (a) The Trust 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 Securities, notices of all Events of Default actually known to a Responsible Officer of the Trust Preferred Guarantee Trustee, unless such Events of Default defaults have been cured before the giving of such notice; , provided, that, except in the case of default in any Guarantee Payment, the Trust Preferred Guarantee Trustee shall be protected in withholding such notice if and so long as a Responsible Officer of the Trust 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 Trust Preferred Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless a Responsible Officer of the Trust Preferred Guarantee Trustee shall have received written notice, or a Responsible Officer of the Trust Preferred Guarantee Trustee charged with the administration of this Trust Preferred Guarantee the Declaration shall have obtained actual knowledge, of such Event of Default.
Appears in 4 contracts
Samples: Trust Preferred Securities Guarantee Agreement (BAC Capital Trust XVII), Trust Preferred Securities Guarantee Agreement (BAC Capital Trust XVII), Trust Preferred Securities Guarantee Agreement (BAC Capital Trust XVII)
Event of Default; Notice. (a) The Trust 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 Trust Preferred Securities Securities, notices of all Events of Default actually known to a Responsible Officer of the Trust Preferred Guarantee Trustee, unless such Events of Default defaults have been cured before the giving of such notice; provided, that, except in the case of a default by Guarantor on any of its payment obligations, the Trust Preferred Guarantee Trustee shall be protected in withholding such notice if and so long as a Responsible Officer of the Trust 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 Trust Preferred Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless a Responsible Officer of the Trust Preferred Guarantee Trustee shall have received written notice, or of which a Responsible Officer of the Trust Preferred Guarantee Trustee charged with the administration of this the Trust Preferred Guarantee Agreement shall have obtained actual knowledge, of such Event of Default.
Appears in 3 contracts
Samples: Trust Preferred Securities Guarantee Agreement (Prosperity Capital Trust I), Trust Preferred Securities Guarantee Agreement (Paradigm Capital Trust Ii), Trust Preferred Securities Guarantee Agreement (Paradigm Capital Trust Ii)
Event of Default; Notice. (a) The Trust Preferred Guarantee Trustee shall, within 90 days after receipt of notice by a Responsible Officer of the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the Holders of the Trust Preferred Securities Securities, notices of all Events of Default actually known to a Responsible Officer of the Trust Preferred Guarantee Trustee, unless such Events of Default defaults have been cured or waived before the giving of such notice; provided, thatin the case of an Event of Default other than a default in payment obligations under the Preferred Securities Guarantee, that the Trust Preferred Guarantee Trustee shall be protected in withholding such notice if and so long as a Responsible Officer of the Trust 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 Trust Preferred Guarantee Trustee shall not be deemed to have knowledge of any an Event of Default unless a Responsible Officer of the Trust Preferred Guarantee Trustee shall have received written noticenotice of such Event of Default, or a Responsible Officer of the Trust Preferred Guarantee Trustee charged with the administration of this the Trust Preferred Guarantee Agreement shall have obtained actual knowledge, knowledge of such Event of Default.
Appears in 3 contracts
Samples: Preferred Securities Guarantee Agreement (RBC Centura Banks Inc), Preferred Securities Guarantee Agreement (RBC Centura Banks Inc), Preferred Securities Guarantee Agreement (RBC Centura Banks Inc)
Event of Default; Notice. (a) The Trust 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 Securities, notices of all Events of Default actually known to a Responsible Officer of the Trust Preferred Guarantee Trustee, unless such Events of Default defaults have been cured before the giving of such notice; , provided, that, [except in the Trust 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 Trust 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 Trust Preferred Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless a Responsible Officer of the Trust Preferred Guarantee Trustee shall have received written notice, or of which a Responsible Officer of the Trust Preferred Guarantee Trustee charged with the administration of this Trust Preferred Guarantee the Declaration shall have obtained actual knowledge, of such Event of Default.
Appears in 3 contracts
Samples: Preferred Securities Guarantee Agreement (Allstate Financing Vi), Preferred Securities Guarantee Agreement (Allstate Corp), Preferred Securities Guarantee Agreement (Allstate Corp)
Event of Default; Notice. (a) The Trust 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 Securities, notices of all Events of Default actually known to a Responsible Officer of the Trust Preferred Guarantee Trustee, unless such Events of Default defaults have been cured before the giving of such notice; provided, that, except in the Trust case of a default by Guarantor on any of its payment obligations, the Preferred Guarantee Trustee shall be protected in withholding such notice if and so long as a Responsible Officer of the Trust 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 Trust Preferred Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless a Responsible Officer of the Trust Preferred Guarantee Trustee shall have received written notice, or of which a Responsible Officer of the Trust Preferred Guarantee Trustee charged with the administration of this the Trust Preferred Guarantee Agreement shall have obtained actual knowledge, of such Event of Default.
Appears in 3 contracts
Samples: Preferred Securities Guarantee Agreement (Wintrust Capital Trust I), Preferred Securities Guarantee Agreement (Wintrust Capital Trust I), Preferred Securities Guarantee Agreement (Wintrust Financial Corp)
Event of Default; Notice. (a) The Trust 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 Holders, notice of the Trust Preferred Securities notices of all Events any such Event of Default actually known to a Responsible Officer of the Trust Preferred Guarantee Trustee, unless such Events Event of Default have has been cured before the giving of such notice; provided, provided that, except in the Trust 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 Trust Preferred Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders of the Trust Preferred SecuritiesHolders.
(b) The Trust Preferred Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless a Responsible Officer of the Trust Preferred Guarantee Trustee shall have received written notice, or a Responsible Officer of the Trust Preferred Guarantee Trustee charged with the administration of this Trust Preferred Guarantee Agreement shall have obtained actual knowledge, of such Event of Default.
(c) Subject to the provisions of Section 5.4 hereof, in the case of a default by the Guarantor in any of its payment obligations under this Guarantee Agreement, when and as the same shall become due and payable, the Guarantee Trustee shall have the right, subject to the rights of the Holders hereunder, to recover judgment against the Guarantor for the whole amount of such payments remaining unpaid.
Appears in 3 contracts
Samples: Guarantee Agreement (Scana Corp), Guarantee Agreement (South Carolina Electric & Gas Co), Guarantee Agreement (Scana Corp)
Event of Default; Notice. (a) The Trust Preferred Capital Securities Guarantee Trustee shall, within 90 days after the occurrence of an Event of Defaulta default with respect to this Capital Securities Guarantee, transmit mail by mail, first class postage prepaid, to the all Holders of the Trust Preferred Securities Capital Securities, notices of all Events of Default defaults actually known to a Responsible Officer of the Trust Preferred Capital Securities Guarantee Trustee, unless such Events of Default defaults have been cured before the giving of such notice; , provided, that, except in the Trust Preferred case of default in the payment of any Guarantee Payment, the Capital Securities Guarantee Trustee shall be protected in withholding such notice if and so long as the board of directors, the executive committee, or a trust committee of directors and/or Responsible Officer Officers of the Trust Preferred Capital Securities Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders holders of the Trust Preferred Capital Securities.
(b) The Trust Preferred Capital Securities Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless a Responsible Officer of the Trust Preferred Capital Securities Guarantee Trustee shall have received written notice, or a Responsible Officer of the Trust Preferred Capital Securities Guarantee Trustee charged with the administration of this Trust Preferred Guarantee the Declaration shall have obtained actual knowledge, of such Event of Default.
Appears in 3 contracts
Samples: Capital Securities Guarantee Agreement (Orion Capital Trust Ii), Capital Securities Guarantee Agreement (Orion Capital Corp), Capital Securities Guarantee Agreement (Orion Capital Trust I)
Event of Default; Notice. (a) The Trust Preferred Securities 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 Trust Preferred Securities Guarantee Trustee, mail by first-class postage prepaid, to all Holders, notices of all defaults actually known to a Responsible Officer, unless such Events of Default defaults have been cured before the giving of such notice; provided, provided that, except in the case of default in the payment of any Guarantee Payment, the Trust 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 a Responsible Officer of the Trust Preferred Securities Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders of the Trust Preferred SecuritiesHolders.
(b) The Trust Preferred Securities Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless a Responsible Officer of the Trust Preferred Securities Guarantee Trustee shall have received written noticenotice from the Guarantor, or a Responsible Officer of the Trust Preferred Guarantee Trustee officer charged with the administration of this Trust Preferred Securities Guarantee shall have obtained actual knowledge, of such Event of Default.
Appears in 3 contracts
Samples: Guarantee Agreement (Affiliated Managers Group Inc), Guarantee Agreement (Affiliated Managers Group Inc), Guarantee Agreement (Boston Private Financial Holdings Inc)
Event of Default; Notice. (a) The Trust 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 Trust Preferred Securities Securities, notices of all Events of Default actually known to a Responsible Officer of the Trust Preferred Guarantee Trustee, unless such Events of Default defaults have been cured before the giving of such notice; , provided, that, the Trust Preferred Guarantee Trustee shall be protected in withholding such notice if and so long as a Responsible Officer of the Trust 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 Trust Preferred Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless a Responsible Officer of the Trust Preferred Guarantee Trustee shall have received written notice, or a Responsible Officer of the Trust Preferred Guarantee Trustee charged with the administration of this Trust Preferred Guarantee the Declaration shall have obtained actual knowledge, of such Event of Default.
Appears in 2 contracts
Samples: Trust Preferred Securities Guarantee Agreement (WPSR Capital Trust I), Trust Preferred Securities Guarantee Agreement (WPSR Capital Trust I)
Event of Default; Notice. (a) The Trust Preferred Guarantee Property Trustee shall, within 90 days after a Responsible Officer of the Property Trustee obtains knowledge of the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the Holders of the Trust Preferred Securities Securities, notices of all Events of Default Defaults with respect to the Securities actually known to a Responsible Officer of the Trust Preferred Guarantee Property Trustee, unless such Events of Default Defaults have been cured before the giving of such notice; provided, provided that, except for a Default in the Trust Preferred Guarantee payment of principal of (or premium, if any) or interest on any of the Debentures, the Property Trustee shall be protected in withholding such notice if and so long as a Responsible Officer of the Trust Preferred Guarantee Property 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 Trust Preferred Guarantee Property Trustee shall not be deemed to have knowledge of any Default or Event of Default unless except:
(i) Default or Event of Default under Sections 5.01(a) and 5.01(b) of the Indenture; or
(ii) any Default or Event of Default as to which the Property Trustee shall have received written notice or of which a Responsible Officer of the Trust Preferred Guarantee Trustee shall have received written notice, or a Responsible Officer of the Trust Preferred Guarantee Property Trustee charged with the administration of this the Trust Preferred Guarantee Agreement shall have obtained actual knowledge.
(c) Within five Business Days after the occurrence of any Event of Default actually known to the Property Trustee, the Property Trustee shall transmit notice of such Event of DefaultDefault to the Holders of the Preferred Securities, the Administrative Trustees and the Sponsor, unless such Event of Default shall have been cured or waived. The Sponsor and the Administrative Trustees shall file annually with the Property Trustee a certification as to whether or not they are in compliance with all the conditions and covenants applicable to them under this Trust Agreement.
Appears in 2 contracts
Samples: Trust Agreement (New South Capital Trust I), Trust Agreement (New South Capital Trust I)
Event of Default; Notice. (a) The Trust 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 Securities, notices of all Events of Default actually known to a Responsible Officer of the Trust Preferred Guarantee Trustee, unless such Events of Default defaults have been cured before the giving of such notice; , provided, that, [except in the Trust 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 Trust 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 Trust Preferred Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless a Responsible Officer of the Trust Preferred Guarantee Trustee shall have received written notice, or of which a Responsible Officer of the Trust Preferred Guarantee Trustee charged with the administration of this the Trust Preferred Guarantee Agreement shall have obtained actual knowledge, of such Event of Default.
Appears in 2 contracts
Samples: Preferred Securities Guarantee Agreement, Preferred Securities Guarantee Agreement (Allstate Financing X)
Event of Default; Notice. (a) The Trust Preferred Guarantee Property Trustee shall, within 90 days after a Responsible Officer of the Property Trustee obtains actual knowledge of the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the Holders of the Trust Preferred Securities Securities, Administrative Trustees and the Company, notices of all Events of Default Defaults with respect to the Securities actually known to a Responsible Officer of the Trust Preferred Guarantee Trustee, Property Trustee unless such Events of Default Defaults have been cured before the giving of such notice; provided, provided that, except for a Default in the Trust Preferred Guarantee payment of principal of (or premium, if any) or interest on any of the Notes, the Property Trustee shall be protected in withholding such notice if and so long as a Responsible Officer of the Trust Preferred Guarantee Property 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 Trust Preferred Guarantee Property Trustee shall not be deemed to have actual knowledge of any Default or Event of Default unless except:
(i) Default or Event of Default under Sections 5.01(a) and 5.01(b) of the Indenture; or
(ii) any Default or Event of Default as to which the Property Trustee shall have received written notice or of which a Responsible Officer of the Trust Preferred Guarantee Trustee shall have received written notice, or a Responsible Officer of the Trust Preferred Guarantee Property Trustee charged with the administration of the Trust Agreement shall have actual knowledge.
(c) The Company and Administrative Trustees shall file annually with the Property Trustee a certification as to whether or not they are in compliance with all the conditions and covenants applicable to them under this Trust Preferred Guarantee shall have obtained actual knowledge, of such Event of DefaultAgreement.
Appears in 2 contracts
Samples: Trust Agreement (Nexity Financial Corp), Trust Agreement (Waccamaw Bankshares Inc)
Event of Default; Notice. (a) The Trust Preferred Guarantee Trustee shall, within 90 days after the occurrence of an Event of DefaultDefault with respect to this Preferred Securities Guarantee actually known to a Responsible Officer of the Preferred Guarantee Trustee, transmit by mail, first class postage prepaid, to the Holders of the Trust Preferred Securities Securities, notices of all such Events of Default actually known to a Responsible Officer of the Trust Preferred Guarantee Trustee, unless such Events of Default defaults have been cured before the giving of such notice; , provided, that, the Trust Preferred Guarantee Trustee shall be protected in withholding such notice if and so long as a Responsible Officer of the Trust 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 Trust Preferred Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless a Responsible Officer of the Trust Preferred Guarantee Trustee shall have received a properly addressed written notice, or of which a Responsible Officer of the Trust Preferred Guarantee Trustee charged with the administration of this the Trust Preferred Guarantee Agreement shall have obtained actual knowledge, of such Event of Default.
Appears in 2 contracts
Samples: Preferred Securities Guarantee Agreement (Ozark Capital Trust), Preferred Securities Guarantee Agreement (Bank of the Ozarks Inc)
Event of Default; Notice. (a) The Trust Preferred Guarantee Trustee shall, within 90 days five (5) Business Days after it has knowledge of the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the Holders of the Trust Preferred Securities Securities, notices of all Events of Default actually known to a Responsible Officer of the Trust Preferred Guarantee Trustee, unless such Events of Default defaults have been cured before the giving of such notice; provided, that, except in the case of a default by Guarantor on any of its payment obligations, the Trust Preferred Guarantee Trustee shall be protected in withholding such notice if and so long as a Responsible Officer of the Trust 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 Trust Preferred Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless a Responsible Officer of the Trust Preferred Guarantee Trustee shall have received written noticenotice of such Event of Default, or a Responsible Officer of the Trust Preferred Guarantee Trustee charged with the administration of this the Trust Preferred Guarantee Agreement shall have obtained actual knowledge, of such Event of Defaultknowledge thereof.
Appears in 2 contracts
Samples: Trust Preferred Securities Guarantee Agreement (Front Range Capital Trust I), Trust Preferred Securities Guarantee Agreement (Front Range Capital Trust I)
Event of Default; Notice. (a) The Trust 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 Trust Preferred Securities Securities, notices of all Events of Default actually known to a Responsible Officer of the Trust Preferred Guarantee Trustee, unless such Events of Default defaults have been cured before the giving of such notice; provided, that, except in the Trust case of a default by the Guarantor on any of its payment obligations, the Preferred Guarantee Trustee shall be protected in withholding such notice if and so long as a Responsible Officer of the Trust 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 Trust Preferred Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless a Responsible Officer of the Trust Preferred Guarantee Trustee shall have received written notice, or a Responsible Officer of the Trust Preferred Guarantee Trustee charged with the administration of this the Trust Preferred Guarantee Agreement shall have obtained actual knowledge, knowledge of such Event of Default.
Appears in 2 contracts
Samples: Preferred Securities Guarantee Agreement (Stifel Financial Corp), Preferred Securities Guarantee Agreement (Stifel Financial Corp)
Event of Default; Notice. (a) The Trust Preferred Securities Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default with respect to this Preferred Securities Guarantee actually known to a Responsible Officer (or, if later, within 30 days after a Responsible Officer has actual knowledge of an Event of Default), transmit mail by mail, first class postage prepaid, to the Holders of the Trust Preferred Securities all Holders, notices of all such Events of Default actually known to a Responsible Officer of the Trust Preferred Guarantee TrusteeDefault, unless such Events of Default defaults have been cured before the giving of such notice; , provided, that, except in the Trust 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 a Responsible Officer of the Trust Preferred Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders of the Trust Preferred SecuritiesHolders.
(b) The Trust Preferred Securities Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless a Responsible Officer of the Trust Preferred Securities Guarantee Trustee shall have received written noticenotice from the Guarantor, or a Responsible Officer of the Trust Preferred Guarantee Trustee charged with the administration of this Trust Preferred Securities Guarantee shall have obtained actual knowledge, of such Event of Default.
Appears in 1 contract
Samples: Preferred Securities Guarantee Agreement (Newfield Exploration Co /De/)
Event of Default; Notice. (a) The Trust Preferred Securities Guarantee Trustee shall, within 90 days after the occurrence of an Event any default with respect to the obligations of Defaultthe Guarantor under this Trust Preferred Securities Guarantee, transmit mail by mail, first class postage prepaid, to the Holders of the Trust Preferred Securities all Holders, notices of all Events of Default defaults actually known to a Responsible Officer of the Trust Preferred Guarantee TrusteeOfficer, unless such Events of Default defaults have been cured before the giving of such notice; provided, that, except in the case of default in the timing or payment of any Guarantee Payment, the Trust 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 a Responsible Officer of the Trust Preferred Securities Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders of the Trust Preferred SecuritiesHolders.
(b) The Trust Preferred Securities Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless a Responsible Officer of the Trust Preferred Securities Guarantee Trustee shall have received written noticenotice from the Guarantor, or a Responsible Officer of the Trust Preferred Guarantee Trustee charged with the administration of this Trust Preferred Securities Guarantee shall have obtained actual knowledge, of such Event of Default.
Appears in 1 contract
Samples: Trust Preferred Securities Guarantee Agreement (Coastal Bancorp Inc)
Event of Default; Notice. (a) The Trust Preferred Guarantee Property Trustee shall, within 90 days after a Responsible Officer of the Property Trustee obtains actual knowledge of the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the Holders of the Trust Preferred Securities Securities, notices of all Events of Default Defaults with respect to the Securities actually known to a Responsible Officer of the Trust Preferred Guarantee Property Trustee, unless such Events of Default Defaults have been cured before the giving of such notice; provided, provided that, except for a Default in the Trust Preferred Guarantee payment of principal of (or premium, if any) or interest on any of the Debentures, the Property Trustee shall be protected in withholding such notice if and so long as a Responsible Officer of the Trust Preferred Guarantee Property 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 Trust Preferred Guarantee Property Trustee shall not be deemed to have actual knowledge of any Default or Event of Default unless except:
(i) Default or Event of Default under Sections 5.01(a) and 5.01(b) of the Indenture; or
(ii) any Default or Event of Default as to which the Property Trustee shall have received written notice or of which a Responsible Officer of the Trust Preferred Guarantee Trustee shall have received written notice, or a Responsible Officer of the Trust Preferred Guarantee Property Trustee charged with the administration of this the Trust Preferred Guarantee Agreement shall have obtained actual knowledge.
(c) Within five Business Days after the occurrence of any Event of Default actually known to the Property Trustee, the Property Trustee shall transmit notice of such Event of DefaultDefault to the Holders of the Preferred Securities, the Administrative Trustees and the Depositor, unless such Event of Default shall have been cured or waived.
Appears in 1 contract
Event of Default; Notice. (a) The Trust Preferred Guarantee Property Trustee shall, within 90 days after a Responsible Officer of the Property Trustee obtains actual knowledge of the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the Holders of the Trust Preferred Securities Securities, notices of all Events of Default such defaults with respect to the Securities actually known to a Responsible Officer of the Trust Preferred Guarantee Property Trustee, unless such Events of Default defaults have been cured before the giving of such noticenotice (the term "defaults" for the purposes of this Section 2.7(a) being hereby defined to be an Event of Default as defined in the Indenture, not including any periods of grace provided for therein and irrespective of the giving of any notice provided therein); provided, provided that, except for a default in the Trust Preferred Guarantee payment of principal of (or premium, if any) or interest on any of the Debentures or in the payment of any sinking fund installment established for the Debentures, the Property 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 Trust Preferred Guarantee Property 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 Trust Preferred Guarantee Property Trustee shall not be deemed to have knowledge of any default or Event of Default unless except:
(i) a default under Sections 501(l) and 501(2) of the Indenture; or
(ii) any default as to which the Property Trustee shall have received written notice or of which a Responsible Officer of the Trust Preferred Guarantee Trustee shall have received written notice, or a Responsible Officer of the Trust Preferred Guarantee Property Trustee charged with the administration of this Trust Preferred Guarantee the Declaration shall have obtained actual knowledge, of such Event of Default.
(c) The Sponsor and the Regular Trustees shall file annually with the Property Trustee a certification as to whether or not they are in compliance with all the conditions and covenants applicable to them under this Declaration.
Appears in 1 contract
Event of Default; Notice. (a) The Trust 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 Securities, notices of all Events of Default actually known to a Responsible Officer of the Trust Preferred Guarantee Trustee, unless such Events of Default defaults have been cured before the giving of such notice; , provided, that, except in the case of default in any Guarantee Payment, the Trust Preferred Guarantee Trustee shall be protected in withholding such notice if and so long as a Responsible Officer of the Trust 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 Trust Preferred Securities.
(b) The Trust Preferred Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless a Responsible Officer of the Trust Preferred Guarantee Trustee shall have received written notice, or a Responsible Officer of the Trust Preferred Guarantee Trustee charged with the administration of this Trust Preferred Guarantee the Declaration shall have obtained actual knowledge, knowledge of such Event of Default.
Appears in 1 contract
Samples: Trust Preferred Securities Guarantee Agreement (Merrill Lynch Preferred Funding I Lp)
Event of Default; Notice. (a) The Trust 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 Trust Preferred Guarantee Trustee, unless such Events of Default have been cured before the giving of such notice; provided, that, provided that the Trust Preferred Guarantee Trustee shall be protected in withholding such notice if and so long as a Responsible Officer of the Trust 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 Trust Preferred Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless a Responsible Officer of the Trust Preferred Guarantee Trustee shall have received written notice, or a Responsible Officer of the Trust Preferred Guarantee Trustee charged with the administration of this Trust Preferred Guarantee shall have obtained actual knowledge, of such Event of Default.
Appears in 1 contract
Samples: Subordinated Guarantee Agreement (Deutsche Bank Capital Funding Trust XII)
Event of Default; Notice. (a) The Trust Company 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 Securities), notices of all Events of Default actually known to a Responsible Officer of the Trust Company Preferred Guarantee Trustee, unless such Events of Default have been cured before the giving of such notice; provided, that, the Trust Company Preferred Guarantee Trustee shall be protected in withholding such notice if and so long as a Responsible Officer of the Trust Company 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 or Trust Preferred Securities.
(b) The Trust Company Preferred Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless a Responsible Officer of the Trust Company Preferred Guarantee Trustee shall have received written notice, or a Responsible Officer of the Trust Company Preferred Guarantee Trustee charged with the administration of this Trust Company Preferred Guarantee shall have obtained actual knowledge, of such Event of Default.
Appears in 1 contract
Samples: Subordinated Guarantee Agreement (Deutsche Bank Capital Funding Trust VIII)
Event of Default; Notice. (a) The Trust Preferred Capital Securities Guarantee Trustee shall, within 90 60 days after the occurrence of an Event of DefaultDefault with respect to this Capital Securities Guarantee, transmit by mail, first class postage prepaid, to the Holders of the Trust Preferred Securities all Holders, notices of all Events such Event of Default actually known to a Responsible Officer of the Trust Preferred Capital Securities Guarantee Trustee, unless such Events Event of Default have has been cured before the giving of such notice; provided, that, except in the Trust Preferred case of an Event of Default in the payment of any Guarantee Payment, the Capital Securities Guarantee Trustee shall be protected in withholding such notice if and so long as the board of directors, the executive committee, or a trust committee of directors and/or Responsible Officer Officers of the Trust Preferred Capital Securities Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders of the Trust Preferred Series A Capital Securities.
(b) The Trust Preferred Capital Securities Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless a Responsible Officer of the Trust Preferred Capital Securities Guarantee Trustee shall have received written noticenotice from the Guarantor or a Holder, or a Responsible Officer of the Trust Preferred Capital Securities Guarantee Trustee charged with the administration of this Trust Preferred Guarantee shall have obtained actual knowledge, of such Event of Default.
Appears in 1 contract
Samples: Capital Securities Guarantee Agreement (First Midwest Bancorp Inc)
Event of Default; Notice. (a) The Trust Preferred Capital Securities Guarantee Trustee shall, within 90 days five Business 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 is actually known to a Responsible Officer of the Trust Preferred Capital Securities Guarantee Trustee, mail by first class postage prepaid, to all Holders, notices of all defaults actually known to a Responsible Officer of the Capital Securities Guarantee Trustee, unless such Events of Default defaults have been cured before the giving of such notice; , provided, that, except in the Trust Preferred case of default in the payment of any Guarantee Payment, the Capital Securities Guarantee Trustee shall be protected in withholding such notice if and so long as the board of directors, the executive committee, or a trust committee of directors and/or Responsible Officer Officers of the Trust Preferred Capital Securities Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders holders of the Trust Preferred Series B Capital Securities.
(b) The Trust Preferred Capital Securities Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless a Responsible Officer of the Trust Preferred Capital Securities Guarantee Trustee shall have received written noticenotice from the Guarantor or a Holder, or a Responsible Officer of the Trust Preferred Capital Securities Guarantee Trustee charged with the administration of this Trust Preferred the Series B Capital Securities Guarantee shall have obtained actual knowledge, of such Event of Default.
Appears in 1 contract
Samples: Series B Capital Securities Guarantee Agreement (Allmerica Financial Corp)
Event of Default; Notice. (a) The Trust Preferred Guarantee Securities Guaranty Trustee shall, within 90 days after the occurrence of an Event a default with respect to this Preferred Securities Guaranty known to a Responsible Officer of Defaultthe Preferred Securities Guaranty Trustee, transmit mail by mail, first class postage prepaid, to the all Holders of the Trust Preferred Securities Securities, notices of all Events of Default defaults actually known to a Responsible Officer of the Trust Preferred Guarantee Securities Guaranty Trustee, unless such Events of Default defaults have been cured before the giving of such notice; , provided, that, except in the Trust case of default in the payment of any Guaranty Payment, the Preferred Guarantee Securities Guaranty 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 Trust Preferred Guarantee Securities Guaranty Trustee in good faith determines that the withholding of such notice is in the interests of the Holders holders of the Trust Preferred Securities.
(b) The Trust Preferred Guarantee Securities Guaranty Trustee shall not be deemed to have knowledge of any Event of Default unless a Responsible Officer of the Trust Preferred Guarantee Securities Guaranty Trustee shall have received written notice, or a Responsible Officer of the Trust Preferred Guarantee Securities Guaranty Trustee charged with the administration of this the Trust Preferred Guarantee Agreement shall have obtained actual knowledge, of such Event of Default.
Appears in 1 contract
Samples: Preferred Securities Guaranty Agreement (ServisFirst Bancshares, Inc.)
Event of Default; Notice. (a) The Trust 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 Securities, notices of all Events of Default actually known to a Responsible Officer of the Trust Preferred Guarantee Trustee, unless such Events of Default have been cured before the giving of such notice; provided, provided that, except in the Trust case of a default by Guarantor under the terms of this Preferred Securities Guarantee on any of its payment obligations, the Preferred Guarantee Trustee shall be protected in withholding such notice if and so long as a Responsible Officer of the Trust 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 Trust Preferred Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless a Responsible Officer of the Trust Preferred Guarantee Trustee shall have received written notice, or of which a Responsible Officer of the Trust Preferred Guarantee Trustee charged with the administration of this the Trust Preferred Guarantee Agreement shall have obtained actual knowledge, of such Event of Default.
Appears in 1 contract
Samples: Preferred Securities Guarantee Agreement (First Busey Statutory Trust V)
Event of Default; Notice. (a) The Trust Preferred Capital Securities Guarantee Trustee shall, within 90 60 days after the occurrence of an Event of DefaultDefault with respect to this Capital Securities Guarantee, transmit by mail, first class postage prepaid, to the Holders of the Trust Preferred Securities all Holders, notices of all Events such Event of Default actually known to a Responsible Officer of the Trust Preferred Capital Securities Guarantee Trustee, unless such Events Event of Default have has been cured before the giving of such notice; provided, that, except in the Trust Preferred case of an Event of Default in the payment of any Guarantee Payment, the Capital Securities Guarantee Trustee shall be protected in withholding such notice if and so long as the board of directors, the executive committee, or a trust committee of directors and/or Responsible Officer Officers of the Trust Preferred Capital Securities Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders of the Trust Preferred Capital Securities.
(b) The Trust Preferred Capital Securities Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless a Responsible Officer of the Trust Preferred Capital Securities Guarantee Trustee shall have received written noticenotice from the Guarantor or a Holder, or a Responsible Officer of the Trust Preferred Capital Securities Guarantee Trustee charged with the administration of this Trust Preferred Guarantee shall have obtained actual knowledge, of such Event of Default.
Appears in 1 contract
Samples: Capital Securities Guarantee Agreement (First Midwest Bancorp Inc)
Event of Default; Notice. (a) The Trust Preferred Capital Securities Guarantee Trustee shall, within 90 days after the occurrence of an Event of Defaulta default with respect to this Series A Capital Securities Guarantee, transmit mail by mail, first class postage prepaid, to the all Holders of the Trust Preferred Securities Capital Securities, notices of any and all Events of Default actually known to a Responsible Officer of the Trust Preferred Capital Securities Guarantee Trustee, unless such Events of Default have been cured before the giving of such notice; , provided, that, except in the Trust Preferred case of default in the payment of any Guarantee Payment, the Capital Securities Guarantee Trustee shall be protected in withholding such notice if and so long as the board of directors, the executive committee, or a trust committee of directors and/or Responsible Officer Officers of the Trust Preferred Capital Securities Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders holders of the Trust Preferred Series A Capital Securities.
(b) The Trust Preferred Capital Securities Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless a Responsible Officer of the Trust Preferred Capital Securities Guarantee Trustee shall have received written noticenotice from the Guarantor, or a Responsible Officer of the Trust Preferred Capital Securities Guarantee Trustee charged with the administration of this the Trust Preferred Guarantee Agreement shall have obtained actual knowledge, of such Event of Default.
Appears in 1 contract
Samples: Series a Capital Securities Guarantee Agreement (Renaissancere Holdings LTD)
Event of Default; Notice. (a) The Trust 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 Securities, notices of all Events of Default actually known to a Responsible Officer of the Trust Preferred Guarantee Trustee, unless such Events of Default defaults have been cured before the giving of such notice; , provided, that, except in the Trust 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 Trust 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 Trust Preferred Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless a Responsible Officer of the Trust Preferred Guarantee Trustee shall have received written notice, or a Responsible Officer of the Trust Preferred Guarantee Trustee charged with the administration of this Trust the Preferred Securities Guarantee shall have obtained actual knowledge, of such Event of Default.
Appears in 1 contract
Samples: Preferred Securities Guarantee Agreement (Allstate Corp)
Event of Default; Notice. (a) The Trust Preferred Capital Securities Guarantee Trustee shall, within 90 days five Business 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 is actually known to a Responsible Officer of the Trust Preferred Capital Securities Guarantee Trustee, mail by first class postage prepaid, to all Holders, notices of all defaults actually known to a Responsible Officer of the Capital Securities Guarantee Trustee, unless such Events of Default defaults have been cured before the giving of such notice; , provided, that, except in the Trust Preferred case of default in the payment of any Guarantee Payment, the Capital Securities Guarantee Trustee shall be protected in withholding such notice if and so long as the board of directors, the executive committee, or a trust committee of directors and/or Responsible Officer Officers of the Trust Preferred Capital Securities Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders holders of the Trust Preferred Series A Capital Securities.
(b) The Trust Preferred Capital Securities Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless a Responsible Officer of the Trust Preferred Capital Securities Guarantee Trustee shall have received written noticenotice from the Guarantor or a Holder, or a Responsible Officer of the Trust Preferred Capital Securities Guarantee Trustee charged with the administration of this Trust Preferred the Series A Capital Securities Guarantee shall have obtained actual knowledge, of such Event of Default.
Appears in 1 contract
Samples: Capital Securities Guarantee Agreement (Allmerica Financial Corp)
Event of Default; Notice. (a) The Trust Preferred Guarantee Property Trustee shall, within 90 days after a Responsible Officer of the Property Trustee obtains actual knowledge of the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the Holders of the Trust Preferred Securities Securities, notices of all Events of Default Defaults with respect to the Securities actually known to a Responsible Officer of the Trust Preferred Guarantee Property Trustee, unless such Events of Default Defaults have been cured before the giving of such notice; provided, provided that, except for a Default in the Trust Preferred Guarantee payment of principal of (or premium, if any) or interest on any of the Debentures, the Property Trustee shall be protected in withholding such notice if and so long as a Responsible Officer of the Trust Preferred Guarantee Property 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 Trust Preferred Guarantee Property Trustee shall not be deemed to have actual knowledge of any Default or Event of Default unless except:
(i) Default or Event of Default under Sections 5.01(a) and 5.01(b) of the Indenture; or
(ii) any Default or Event of Default as to which the Property Trustee shall have received written notice or of which a Responsible Officer of the Trust Preferred Guarantee Trustee shall have received written notice, or a Responsible Officer of the Trust Preferred Guarantee Property Trustee charged with the administration of this the Trust Preferred Guarantee Agreement shall have obtained actual knowledge.
(c) Within five Business Days after the occurrence of any Event of Default actually known to the Property Trustee, the Property Trustee shall transmit notice of such Event of DefaultDefault to the Holders of the Preferred Securities, the Administrative Trustees and the Sponsor, unless such Event of Default shall have been cured or waived.
Appears in 1 contract
Event of Default; Notice. (a) The Trust 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 [if the Trust is the Initial Holder, insert: 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 Securities], notices of all Events of Default actually known to a Responsible Officer of the Trust Preferred Guarantee Trustee, unless such Events of Default defaults have been cured before the giving of such notice; provided, that, the Trust Preferred Guarantee Trustee shall be protected in withholding such notice if and so long as a Responsible Officer of the Trust 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 or Trust Preferred Securities.
(b) The Trust Preferred Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless a Responsible Officer of the Trust Preferred Guarantee Trustee shall have received written notice, or a Responsible Officer of the Trust Preferred Guarantee Trustee charged with the administration of this Trust Preferred 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 Trust 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 Securities, notices of all Events of Default actually known to a Responsible Officer of the Trust Preferred Guarantee Trustee, unless such Events of Default defaults have been cured before the giving of such notice; provided, provid- ed, that, except in the case of default in any Guarantee Payment, the Trust Preferred Guarantee Trustee shall be protected in withholding such notice if and so long as a Responsible Officer of the Trust 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 Trust Preferred Securities.
(b) The Trust Preferred Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless a Responsible Officer of the Trust Preferred Guarantee Trustee shall have received written notice, or a Responsible Officer of the Trust Preferred Guarantee Trustee charged with the administration admin- istration of this Trust Preferred Guarantee the Declaration shall have obtained actual knowledge, of such Event of Default.
Appears in 1 contract
Samples: Trust Preferred Securities Guarantee Agreement (Ultramar Diamond Shamrock Corp)
Event of Default; Notice. (a) The Trust Preferred Securities Guarantee Trustee shall, within 90 days after the occurrence of an Event of Defaulta default with respect to this Trust Preferred Securities Guarantee, transmit mail by mail, first class postage prepaid, to the Holders of the Trust Preferred Securities all Holders, notices of all Events of Default defaults actually known to a Responsible Officer of the Trust Preferred Guarantee TrusteeOfficer, unless such Events of Default 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 Trust 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 a Responsible Officer of the Trust Preferred Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders of the Trust Preferred SecuritiesHolders.
(b) The Trust Preferred Securities Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless a Responsible Officer of the Trust Preferred Securities Guarantee Trustee shall have received written noticenotice from the Guarantor, or a Responsible Officer of the Trust Preferred Guarantee Trustee charged with the administration of this Trust Preferred Securities Guarantee shall have obtained actual knowledge, of such Event of Default.
Appears in 1 contract
Samples: Trust Preferred Securities Guarantee Agreement (Independent Capital Trust I)
Event of Default; Notice. (a) The Trust Preferred Capital Securities Guarantee Trustee shall, within 90 days after the occurrence of an Event of Defaulta default with respect to this Capital Securities Guarantee, transmit mail by mail, first class postage prepaid, to the all Holders of the Trust Preferred Securities Capital Securities, notices of all Events of Default defaults actually known to a Responsible Officer of the Trust Preferred Capital Securities Guarantee Trustee, unless such Events of Default defaults have been cured before the giving of such notice; , provided, that, except in the Trust Preferred case of default in the payment of any Guarantee Payment, the Capital Securities Guarantee Trustee shall be protected in withholding such notice if and so long as the board of directors, the executive committee, or a trust committee of directors and/or Responsible Officer Officers of the Trust Preferred Capital Securities Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders of the Trust Preferred Capital Securities.
(b) The Trust Preferred Capital Securities Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless a Responsible Officer of the Trust Preferred Capital Securities Guarantee Trustee shall have received written notice, or a Responsible Officer of the Trust Preferred Capital Securities Guarantee Trustee charged with the administration of this Trust Preferred Capital Securities Guarantee shall have obtained actual knowledge, of such Event of Default.
Appears in 1 contract
Samples: Capital Securities Guarantee Agreement (Wachovia Capital Trust Viii)
Event of Default; Notice. (a) The Trust Preferred Capital Securities Guarantee Trustee shall, within 90 days 30 Business 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 becomes actually known to a Responsible Officer of the Trust Preferred Capital Securities Guarantee Trustee, mail by first class postage prepaid to all Holders notices of all defaults actually known to such Responsible Officer of the Capital Securities Guarantee Trustee, unless such Events of Default defaults have been cured before the giving of such notice; provided, however, that, except in the Trust Preferred case of default in the payment of any Guarantee Payment, the Capital Securities Guarantee Trustee shall be protected in withholding notice of such notice Event of Default 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 Trust Preferred Capital Securities Guarantee Trustee Trustee, acting in good faith faith, determines that the withholding of such notice is in the interests of the Holders holders of the Trust Preferred Capital Securities.
(b) The Trust Preferred Capital Securities Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless a Responsible Officer of (i) the Trust Preferred Capital Securities Guarantee Trustee shall have received written notice, notice from the Guarantor or a Holder of such Event of Default or (ii) a Responsible Officer of the Trust Preferred Capital Securities Guarantee Trustee charged with the administration of this Trust Preferred the Capital Securities Guarantee shall have obtained actual knowledge, knowledge of such Event of Default.
Appears in 1 contract
Samples: Capital Securities Guarantee (K N Capital Trust One)
Event of Default; Notice. (a) The Trust Class B 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 Class B Preferred Securities (and, for so long as the Initial Holder is the Holder of the Class B Preferred Securities, also to the Holders of the Trust Preferred Securities Securities), notices of all Events of Default actually known to a Responsible Officer of the Trust Class B Preferred Guarantee Trustee, unless such Events of Default have been cured before the giving of such notice; provided, that, provided that the Trust Class B Preferred Guarantee Trustee shall be protected in withholding such notice if and so long as a Responsible Officer of the Trust Class B Preferred Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders of the Class B Preferred Securities or Trust Preferred Securities.
(b) The Trust Class B Preferred Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless a Responsible Officer of the Trust Class B Preferred Guarantee Trustee shall have received written notice, or a Responsible Officer of the Trust Class B Preferred Guarantee Trustee charged with the administration of this Trust Class B Preferred Guarantee shall have obtained actual knowledge, of such Event of Default.
Appears in 1 contract
Samples: Subordinated Guarantee Agreement (Deutsche Bank Capital Funding Trust XII)
Event of Default; Notice. (a) The Trust Preferred Securities Guarantee Trustee shall, within 90 days after the occurrence of an Event a default with respect to this Preferred Securities Guarantee known to a Responsible Officer of Defaultthe Preferred Securities Guarantee Trustee, transmit mail by mail, first class postage prepaid, to the all Holders of the Trust Preferred Securities Securities, notices of all Events of Default defaults actually known to a Responsible Officer of the Trust Preferred Securities Guarantee Trustee, unless such Events of Default defaults have been cured before the giving of such notice; , provided, that, except in the Trust 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 Trust Preferred Securities Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders holders of the Trust Preferred Securities.
(b) The Trust Preferred Securities Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless a Responsible Officer of the Trust Preferred Securities Guarantee Trustee shall have received written notice, or a Responsible Officer of the Trust Preferred Securities Guarantee Trustee charged with the administration of this the Trust Preferred Guarantee Agreement shall have obtained actual knowledge, of such Event of Default.
Appears in 1 contract
Samples: Preferred Securities Guarantee Agreement (ServisFirst Bancshares, Inc.)
Event of Default; Notice. (a) The Trust 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 Trust Preferred Securities Securities, notices of all Events of Default defaults actually known to a Responsible Officer of the Trust Preferred Securities Guarantee Trustee, unless such Events of Default defaults have been cured before the giving of such notice; , provided, that, except in the Trust 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 Trust Preferred Securities 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 Trust Preferred Securities Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless a Responsible Officer of the Trust Preferred Securities Guarantee Trustee shall have received written notice, notice or a Responsible Officer of the Trust Preferred Securities Guarantee Trustee charged with the administration of this Trust Preferred Guarantee shall have obtained actual knowledge, knowledge of such Event of Default.
Appears in 1 contract
Samples: Preferred Securities Guarantee Agreement (Hercules Inc)
Event of Default; Notice. (a) The Trust Preferred Capital Securities 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 Trust Preferred Securities all Holders, notices of all Events of Default actually known to a Responsible Officer of the Trust Preferred Capital Securities Guarantee Trustee, unless such Events of Default have been cured before the giving of such notice; , provided, that, except in the Trust Preferred case of default in the payment of any Guarantee Payment, the Capital Securities Guarantee Trustee shall be protected in withholding such notice if and so long as the board of directors, the executive committee, or a trust committee of directors and/or Responsible Officer Officers of the Trust Preferred Capital Securities Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders holders of the Trust Preferred Capital Securities.
(b) The Trust Preferred Capital Securities Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless a Responsible Officer of the Trust Preferred Capital Securities Guarantee Trustee shall have received written noticenotice from the Guarantor or a Holder, or a Responsible Officer of the Trust Preferred Capital Securities Guarantee Trustee charged with the administration of this Trust Preferred Guarantee the Declaration shall have obtained actual knowledge, of such Event of Default.
Appears in 1 contract
Samples: Series B Capital Securities Guarantee Agreement (Comed Financing Ii)
Event of Default; Notice. (a) The Trust Preferred Guarantee Property 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 Securities, notices of all Events of Default defaults with respect to the Securities actually known to a Responsible Officer of the Trust Preferred Guarantee Property Trustee, unless such Events of Default defaults have been cured before the giving of such noticenotice (the term "defaults" for the purposes of this Section 2.7(a) being hereby defined to be an Event of Default as defined in the Indenture, not including any periods of grace provided for therein and irrespective of the giving of any notice provided therein); provided, provided that, except for a default in the Trust Preferred Guarantee payment of principal of or premium, if any, or interest on any of the Debentures, the Property Trustee shall be fully protected in withholding such notice if and so long as a Responsible Officer of the Trust Preferred Guarantee Property Trustee in good faith determines that the withholding of such notice is in the interests of the Holders of the Trust Preferred Securities.
(b) Within five Business Days after the occurrence of any Event of Default actually known to the Property Trustee, the Property Trustee shall transmit notice of such Event of Default to the Holders of the Capital Securities, the Administrative Trustees and the Sponsor, unless such Event of Default shall have been cured or waived. The Trust Preferred Guarantee Sponsor and the Administrative Trustees shall file annually with the Property Trustee a certification as to whether or not they are in compliance with all the conditions and covenants applicable to them under this Declaration.
(c) For purposes of this Section 2.7, the Property Trustee shall not be deemed to have knowledge of any default or Event of Default unless except:
(i) a default under Sections 5.1(a) and 5.1(b) of the Indenture; or
(ii) any default as to which the Property Trustee shall have received written notice or of which a Responsible Officer of the Trust Preferred Guarantee Trustee shall have received written notice, or a Responsible Officer of the Trust Preferred Guarantee Property Trustee charged with the administration of this Trust Preferred Guarantee the Declaration shall have obtained actual knowledge, of such Event of Default.
Appears in 1 contract
Event of Default; Notice. (a) The Trust Preferred Capital Securities Guarantee Trustee shall, within 90 days 30 Business 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 becomes actually known to a Responsible Officer of the Trust Preferred Capital Securities Guarantee Trustee, mail by first class postage prepaid to all Holders notices of all defaults actually known to such Responsible Officer of the Capital Securities Guarantee Trustee, unless such Events of Default defaults have been cured before the giving of such notice; provided, however, that, except in the Trust Preferred case of default in the payment of any Guarantee Payment, the Capital Securities Guarantee Trustee shall be protected in withholding notice of such notice Event of Default 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 Trust Preferred Capital Securities Guarantee Trustee Trustee, acting in good faith faith, determines that the withholding of such notice is in the interests of the Holders holders of the Trust Preferred Series A Capital Securities.
(b) The Trust Preferred Capital Securities Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless a Responsible Officer of (i) the Trust Preferred Capital Securities Guarantee Trustee shall have received written notice, notice from the Guarantor or a Holder of such Event of Default or (ii) a Responsible Officer of the Trust Preferred Capital Securities Guarantee Trustee charged with the administration of this Trust Preferred the Series A Capital Securities Guarantee shall have obtained actual knowledge, knowledge of such Event of Default.
Appears in 1 contract
Samples: Series a Capital Securities Guarantee (K N Capital Trust One)
Event of Default; Notice. (a) The Trust Preferred Capital Securities Guarantee Trustee shall, within 90 days after the occurrence of an Event of Defaulta default with respect to this Series B Capital Securities Guarantee, transmit mail by mail, first class postage prepaid, to the all Holders of the Trust Preferred Securities Capital Securities, notices of any and all Events of Default actually known to a Responsible Officer of the Trust Preferred Capital Securities Guarantee Trustee, unless such Events of Default have been cured before the giving of such notice; , provided, that, except in the Trust Preferred case of default in the payment of any Guarantee Payment, the Capital Securities Guarantee Trustee shall be protected in withholding such notice if and so long as the board of directors, the executive committee, or a trust committee of directors and/or Responsible Officer Officers of the Trust Preferred Capital Securities Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders holders of the Trust Preferred Series B Capital Securities.
(b) The Trust Preferred Capital Securities Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless a Responsible Officer of the Trust Preferred Capital Securities Guarantee Trustee shall have received written noticenotice from the Guarantor, or a Responsible Officer of the Trust Preferred Capital Securities Guarantee Trustee charged with the administration of this the Trust Preferred Guarantee Agreement shall have obtained actual knowledge, of such Event of Default.
Appears in 1 contract
Samples: Series B Capital Securities Guarantee Agreement (Renaissancere Capital Trust/Fa)
Event of Default; Notice. (a) The Trust Preferred Guarantee Trustee shall, within 90 days after receipt of notice by a Responsible Officer of the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the Holders of the Trust Preferred Securities Securities, notices of all Events of Default actually known to a Responsible Officer of the Trust Preferred Guarantee Trustee, unless such Events of Default defaults have been cured or waived before the giving of such notice; provided, thatin the case of an Event of Default other than a default in payment obligations under the Preferred Securities Guarantee, that the Trust Preferred Guarantee Trustee shall be protected in withholding such notice if and so long as a Responsible Officer of the Trust 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 Trust Preferred Guarantee Trustee shall not be deemed to have knowledge of any an Event of Default unless a Responsible Officer of the Trust Preferred Guarantee Trustee shall have received written noticenotice of such Event of Default, or of which a Responsible Officer of the Trust Preferred Guarantee Trustee charged with the administration of this the Trust Preferred Guarantee Agreement shall have obtained actual knowledge, of such Event of Default.
Appears in 1 contract