Common use of Event of Default; Notice Clause in Contracts

Event of Default; Notice. (a) The 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 known to the Trustee, unless such defaults have been cured before the giving of such notice, provided that the Trustee shall be protected in withholding such notice if and so long as the board of directors, the executive committee, or a trust committee of directors and/or Responsible Officers of the Trustee in good faith determines that the withholding of such notice is in the interests of the Holders. (b) The Trustee shall not be deemed to have knowledge of any Event of Default unless the Trustee shall have received written notice, or a Responsible Officer charged with the administration of the Trust Agreement shall have obtained written notice, of such Event of Default.

Appears in 75 contracts

Samples: Guarantee Agreement (Mississippi Power Capital Trust Ii), Guarantee Agreement (Alabama Power Co), Guarantee Agreement (Georgia Power Co)

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Event of Default; Notice. (a) The Trustee shall, within 90 days after the occurrence of an Event of DefaultDefault actually known to the Trustee, transmit by mail, first class postage prepaid, to the Holders, notices of all such Events of Default known to the TrusteeDefault, unless such defaults have been cured before the giving of such notice, provided that the Trustee shall be protected in withholding such notice if and so long as the board of directors, the executive committee, or a trust committee of directors and/or Responsible Officers of the Trustee in good faith determines that the withholding of such notice is in the interests of the Holders. (b) The Trustee shall not be deemed to have knowledge of any Event of Default unless the Trustee shall have received written notice, or a Responsible Officer charged with the administration of the Trust Agreement shall have obtained written notice, of such Event of Default.

Appears in 12 contracts

Samples: Guarantee Agreement (DRH Regrem Xii Lp), Guarantee Agreement (DRH Regrem Xii Lp), Guarantee Agreement (Semco Capital Trust Iii)

Event of Default; Notice. (a) The Trustee shall, within 90 days after the occurrence of an Event of Default, transmit by mail, first first-class postage prepaid, to the Holders, notices of all Events of Default known to the Trustee, unless such defaults have been cured before the giving of such notice, provided that the Trustee shall be protected in withholding such notice if and so long as the board of directors, the executive committee, or a trust committee of directors and/or Responsible Officers of the Trustee in good faith determines that the withholding of such notice is in the interests of the Holders. (b) The Trustee shall not be deemed to have knowledge of any Event of Default unless the Trustee shall have received written notice, or a Responsible Officer charged with the administration of the Trust Agreement shall have obtained written notice, of such Event of Default.

Appears in 5 contracts

Samples: Guarantee Agreement (Duke Capital Financing Trust Vi), Guarantee Agreement (Duke Capital Financing Trust Vi), Guarantee Agreement (Defs Capital Trust I)

Event of Default; Notice. (a) The 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 known to the Guarantee Trustee, unless such defaults Events of Default have been cured before the giving of such notice; provided that, provided that except in the case of a default in the payment of a Guarantee Payment, the Guarantee Trustee shall be protected in withholding such notice if and so long as the board Board of directorsDirectors, the executive committee, committee or a trust committee of directors and/or a Responsible Officers of the Trustee Officer in good faith determines that the withholding of such notice is in the interests of the Holders. (b) The Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless the Trustee shall have received written notice, or a Responsible Officer charged with the administration of the Declaration of Trust Agreement shall have obtained received written notice, notice of such Event of Default.

Appears in 4 contracts

Samples: Guarantee Agreement (Highlands Capital Trust I), Guarantee Agreement (Guaranty Capital Trust I), Guarantee Agreement (Southern Financial Capital Trust I)

Event of Default; Notice. (a) The 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 known to the Trustee, unless such defaults have been cured before the giving of such notice, provided that the Trustee shall be protected in withholding such notice if and so long as the board of directors, the executive committee, committee or a trust committee of directors and/or Responsible Officers of the Trustee in good faith determines that the withholding of such notice is in the interests of the Holders. (b) The Trustee shall not be deemed to have knowledge of any Event of Default unless the Trustee shall have received written notice, or a Responsible Officer charged with the administration of the Trust Agreement shall have obtained written notice, of such Event of Default.

Appears in 3 contracts

Samples: Guarantee Agreement (Southern Energy Inc), Preferred Securities Guarantee Agreement (Southern Co), Guarantee Agreement (Sei Trust I)

Event of Default; Notice. (a) The 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 the Trustee, unless such defaults have been cured before the giving of such notice, provided that the Trustee shall be protected in withholding such notice if and so long as the board of directors, the executive committee, or a trust committee of directors and/or Responsible Officers of the Trustee in good faith determines that the withholding of such notice is in the interests of the Holders. (b) The Trustee shall not be deemed to have knowledge of any Event of Default unless the Trustee shall have received written notice, or a Responsible Officer charged with the administration of the Trust Agreement shall have obtained written notice, of such Event of Default.

Appears in 3 contracts

Samples: Guarantee Agreement (Southwestern Electric Power Co), Guarantee Agreement (Southwestern Electric Power Co), Guarantee Agreement (Southwestern Electric Power Co)

Event of Default; Notice. (a) The 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 Preferred Securities, notices of all Events of Default known to the Trustee, unless such defaults have been cured before the giving of such notice, provided that the Trustee shall be protected in withholding such notice if and so long as the board of directors, the executive committee, or a trust committee of directors and/or Responsible Officers of the Trustee in good faith determines that the withholding of such notice is in the interests of the Holders. (b) The Trustee shall not be deemed to have knowledge of any Event of Default unless the Trustee shall have received written notice, or a Responsible Officer charged with the administration Holders of the Trust Agreement shall have obtained written notice, of such Event of DefaultPreferred Securities.

Appears in 1 contract

Samples: Guarantee Agreement (Rouse Company)

Event of Default; Notice. (a) The 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 Preferred Securities, notices of all Events of Default known to the Trustee, unless such defaults have been cured before the giving of such notice, provided that the Trustee shall be protected in withholding such notice if and so long as the board of directors, the executive committee, or a trust committee of directors and/or Responsible Officers of the Trustee in good faith determines that the withholding of such notice is in the interests of the HoldersHolders of the Preferred Securities. (b) The Trustee shall not be deemed to have knowledge of any Event of Default unless the Trustee shall have received written notice, or a Responsible Officer charged with the administration of the Trust Agreement shall have obtained written notice, of such Event of Default.

Appears in 1 contract

Samples: Guarantee Agreement (Southwestern Public Service Co)

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Event of Default; Notice. (a) The 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 known to the Trustee, unless such defaults have been cured or waived before the giving of such notice, provided that the Trustee shall be protected in withholding such notice if and so long as the board of directors, the executive committee, or a trust committee of directors and/or Responsible Officers of the Trustee in good faith determines that the withholding of such notice is in the interests of the Holders. (b) The Trustee shall not be deemed to have knowledge of any Event of Default unless the Trustee shall have received written notice, or a Responsible Officer of the Trustee charged with the administration of the this Trust Agreement shall have obtained received written notice, notice of such Event of DefaultDefault at the Corporate Trust Office of the Trustee and such notice references this Guarantee Agreement.

Appears in 1 contract

Samples: Guarantee Agreement (Cleveland Electric Financing Trust I)

Event of Default; Notice. (a) The 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 known to the Trustee, unless such defaults have been cured before the giving of such notice, provided that the Trustee shall be protected in withholding such notice if and so long as the board of directors, the executive committee, or a trust committee of directors and/or Responsible Officers of the Trustee in good faith determines that the withholding of such notice is in the interests of the Holders. (b) The Trustee shall not be deemed to have knowledge of any Event of Default unless the Trustee shall have received written notice, or a Responsible Officer charged with the administration of the Declaration of Trust Agreement shall have obtained written notice, of such Event of Default.

Appears in 1 contract

Samples: Preferred Securities Guarantee Agreement (Commonwealth Edison Co)

Event of Default; Notice. (a) The 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 the Trustee, unless such defaults have been cured before the giving of such notice, provided that the Trustee shall be protected in withholding such notice if and so long as the board of directors, the executive committee, or a trust committee of directors and/or Responsible Officers of the Trustee in good faith determines that the withholding of such notice is in the interests of the Holders. (b) The Trustee shall not be deemed to have knowledge of any Event of Default unless the Trustee shall have received written notice, or a Responsible Officer charged with the administration of the Trust Agreement Declaration shall have obtained written notice, of such Event of Default.

Appears in 1 contract

Samples: Guarantee Agreement (Avista Corp)

Event of Default; Notice. (a) The Manager Trustee shall, within 90 days after the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the HoldersPreferred Securityholders, notices of all Events of Default actually known to a Responsible Officer of the Manager Trustee, unless such defaults have been cured before the giving of such notice, provided that provided, that, the Manager Trustee shall be protected in withholding such notice if and so long as the board of directors, the executive committee, or a trust committee of directors and/or Responsible Officers Officer of the Manager Trustee in good faith determines that the withholding of such notice is in the interests of the HoldersPreferred Securityholders. (b) The Manager Trustee shall not be deemed to have knowledge of any Event of Default unless the Manager Trustee shall have received written notice, or a Responsible Officer of the Manager Trustee charged with the administration of the Trust Agreement shall have obtained written noticeactual knowledge, of such Event of Default.

Appears in 1 contract

Samples: Limited Liability Company Agreement (Abn Amro Bank Nv)

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