Event of Default; Notice. (a) The Capital 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 Capital Securities, notices of all Events of Default actually known to a Responsible Officer of the Capital Securities Guarantee Trustee, unless such defaults have been cured before the giving of such notice, provided that the Capital Securities Guarantee Trustee shall be protected in withholding such notice if and so long as a Responsible Officer of the Capital Securities Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders. (b) The Capital Securities Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless a Responsible Officer of the Capital Securities Guarantee Trustee shall have received written notice thereof, or unless a Responsible Officer of the Capital Securities Guarantee Trustee charged with the administration of the Declaration shall have obtained actual knowledge thereof.
Appears in 8 contracts
Samples: Capital Securities Guarantee Agreement (Bank of America Corp /De/), Capital Securities Guarantee Agreement (BAC Capital Trust XX), Capital Securities Guarantee Agreement (Bank of America Corp /De/)
Event of Default; Notice. (a) The Capital Preferred Securities 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, transmit mail by mail, first class postage prepaid, to the Holders of the Capital Securitiesall Holders, notices of all such Events of Default actually known to a Responsible Officer of the Capital Securities Guarantee TrusteeDefault, unless such defaults have been cured before the giving of such notice, provided that provided, that, except in the Capital 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 Capital Securities Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders.
(b) The Capital Preferred Securities Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless a Responsible Officer of the Capital Preferred Securities Guarantee Trustee shall have received written notice thereoffrom the Guarantor, or unless a Responsible Officer of the Capital Securities Guarantee Trustee charged with the administration of the Declaration this Preferred Securities Guarantee shall have obtained actual knowledge thereofknowledge, of such Event of Default.
Appears in 7 contracts
Samples: Preferred Securities Guarantee Agreement (Halliburton Capital Trust I), Preferred Securities Guarantee Agreement (Dynegy Capital Trust Iii), Preferred Securities Guarantee Agreement (Spinnaker Exploration Co)
Event of Default; Notice. (a) The Capital Securities Guarantee Trustee shall, within 90 days after the occurrence of an a Guarantor Event of DefaultDefault known to the Guarantee Trustee, transmit by mail, first class postage prepaid, to the Holders of the Capital SecuritiesSubordinated Notes, notices of all such Guarantor Events of Default actually known to a Responsible Officer of the Capital Securities Guarantee TrusteeDefault, unless such defaults have been cured or waived before the giving of such notice, provided that provided, except in the Capital Securities case of a default in the payment by the Guarantor of any amount due under this Guarantee Agreement, the Guarantee Trustee shall be protected in withholding such notice if and so long as a Responsible Officer of the Capital Securities Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the HoldersHolders of the Subordinated Notes.
(b) The Capital Securities Guarantee Trustee shall not be deemed to have knowledge of any Guarantor Event of Default unless a Responsible Officer of the Capital Securities Guarantee Trustee shall have actual knowledge, or shall have received written notice thereofnotice, or unless a Responsible Officer of the Capital Securities Guarantee Trustee charged with the administration such Event of the Declaration shall have obtained actual knowledge thereofDefault.
Appears in 4 contracts
Samples: Subordinated Debt Securities Guarantee Agreement (RenaissanceRe Finance Inc.), Subordinated Debt Securities Guarantee Agreement (RenaissanceRe Finance Inc.), Subordinated Debt Securities Guarantee Agreement (RenaissanceRe Finance Inc.)
Event of Default; Notice. (a) The Capital Securities Guarantee Trustee shall, within 90 days after a Responsible Officer of the Capital 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 Capital SecuritiesHolders, notices of all such Events of Default actually known to a such Responsible Officer of the Capital Securities Guarantee Trustee, unless such defaults have been cured before the giving of such notice, provided that provided, that, the Capital Securities Guarantee Trustee shall be protected in withholding such notice if and so long as a Responsible Officer of the Capital Securities Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders.
(b) The Capital Securities Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless a Responsible Officer of the Capital Securities Guarantee Trustee shall have received written notice thereof, or unless a Responsible Officer of the Capital Securities Guarantee Trustee charged with the administration of the Declaration shall have obtained actual knowledge thereof.
Appears in 4 contracts
Samples: Capital Securities Guarantee Agreement (Metlife Inc), Capital Securities Guarantee Agreement (Metlife Capital Trust I), Capital Securities Guarantee Agreement (Metlife Capital Trust I)
Event of Default; Notice. (a) The Capital Securities Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default, transmit by mail, first class postage prepaid, or, in the case the Guaranteed Securities are held in global form, in accordance with the applicable procedures of the Depositary (as defined in the Indenture), to the Holders of the Capital SecuritiesHolders, notices of all Events of Default actually known to a Responsible Officer of the Capital Securities Guarantee Trustee, unless such defaults have been cured or waived before the giving of such notice, provided that 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 or Responsible Officer Officers of the Capital Securities Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders.
(b) The Capital Securities Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless a Responsible Officer of the Capital Securities Guarantee Trustee shall have received written notice thereof, or unless a Responsible Officer of the Capital Securities Guarantee Trustee charged with the administration of the Declaration this Guarantee Agreement shall have obtained actual knowledge thereofof the Event of Default or written notice of such Event of Default shall have been given to the Guarantee Trustee by the Guarantor or by any Holder of Guaranteed Securities.
Appears in 4 contracts
Samples: Guarantee Agreement (Nextera Energy Inc), Guarantee Agreement (NextEra Energy Partners, LP), Guarantee Agreement (Nextera Energy Inc)
Event of Default; Notice. (a) The Capital 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 Capital Securities, notices of all Events of Default actually known to a Responsible Officer of the Capital Securities Guarantee Trustee, unless such defaults have been cured before the giving of such notice, provided that provided, that, the Capital Securities Guarantee Trustee shall be protected in withholding such notice if and so long as a Responsible Officer of the Capital Securities Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders.
(b) The Capital Securities Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless a Responsible Officer of the Capital Securities Guarantee Trustee shall have received written notice thereof, or unless a Responsible Officer of the Capital Securities Guarantee Trustee charged with the administration of the Declaration shall have obtained actual knowledge thereof.
Appears in 3 contracts
Samples: Capital Securities Guarantee Agreement (Bank of America Corp /De/), Capital Securities Guarantee Agreement (Bac Capital Trust Xii), Capital Securities Guarantee Agreement (Bank of America Corp /De/)
Event of Default; Notice. (a) The Capital Securities Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default, transmit by mail, first class postage prepaid, a default with respect to the Holders of the this Capital Securities, notices of all Events of Default Securities Guarantee actually known to a Responsible Officer of the Capital Securities Guarantee Trustee, mail by first class postage prepaid, to all Holders, notices of all such defaults, unless such defaults have been cured before the giving of such notice, provided that provided, that, except in the case of default in the payment of any Guarantee Payment, the Capital Securities Guarantee Trustee shall be protected in withholding such notice if and so long as the board of directors, the executive committee, or a trust committee of directors and/or Responsible Officer Officers of the Capital Securities Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holdersholders of the Series A Capital Securities.
(b) The Capital Securities Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless a Responsible Officer of the Capital Securities Guarantee Trustee shall have received written notice thereoffrom the Guarantor or a Holder, or unless a Responsible Officer of the Capital Securities Guarantee Trustee charged with the administration of the Declaration shall have obtained actual knowledge thereofknowledge, of such Event of Default.
Appears in 3 contracts
Samples: Series a Capital Securities Guarantee Agreement (Safeco Corp), Capital Securities Guarantee Agreement (Puget Sound Energy Inc), Series B Capital Securities Guarantee Agreement (Mmi Companies Inc)
Event of Default; Notice. (a) The Capital 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 Capital Securities, notices of all Events of Default actually known to a Responsible Officer of the Capital Securities Guarantee Trustee, unless such defaults have been cured before the giving of such notice, provided that provided, that, the Capital Securities Guarantee Trustee shall be protected in withholding such notice if and so long as a Responsible Officer of the Capital Securities Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the HoldersHolders of the Capital Securities.
(b) The Capital Securities Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless a Responsible Officer of the Capital Securities Guarantee Trustee shall have received written notice thereof, or unless a Responsible Officer of the Capital Securities Guarantee Trustee charged with the administration of the Declaration shall have obtained actual knowledge thereof.
Appears in 3 contracts
Samples: Capital Securities Guarantee Agreement (Bank of America Corp /De/), Capital Securities Guarantee Agreement (Bank of America Corp /De/), Capital Securities Guarantee Agreement (Bank of America Corp /De/)
Event of Default; Notice. (a) The Capital 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 Holders of the Capital Securitiesall Holders, notices of all Events of Default defaults actually known to a Responsible Officer of the Capital Securities Guarantee TrusteeOfficer, unless such defaults have been cured before the giving of such notice, provided that provided, that, except in the Capital 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 of the Preferred Securities Guaranty Trustee and/or a Responsible Officer of the Capital Securities Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders.
(b) The Capital Preferred Securities Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless a Responsible Officer of the Capital Preferred Securities Guarantee Trustee shall have received written notice thereoffrom the Guarantor, or unless a Responsible Officer of the Capital Securities Guarantee Trustee charged with the administration of the Declaration Trust Agreement shall have obtained actual knowledge thereofknowledge, of such Event of Default.
Appears in 2 contracts
Samples: Preferred Securities Guarantee Agreement (Sovereign Bancorp Inc), Preferred Securities Guarantee Agreement (Sovereign Bancorp Inc)
Event of Default; Notice. (a) The Capital Securities Guarantee Trustee shall, within 90 days after the occurrence of an Event of Defaulta default with respect to this Capital Securities Guarantee, transmit mail by mail, first class postage prepaid, to the Holders of the Capital Securitiesall Holders, notices of all Events of Default defaults actually known to a Responsible Officer of the Capital Securities Guarantee TrusteeOfficer, unless such defaults have been cured before the giving of such notice, provided that provided, that, except in the case of default in the payment of any Guarantee Payment, the Capital Securities Guarantee Trustee shall be protected in withholding such notice if and so long as the board of directors, the executive committee, or a trust committee of directors and/or a Responsible Officer of the Capital Securities Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holdersholders of the Series B Capital Securities.
(b) The Capital Securities Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless a Responsible Officer of the Capital Securities Guarantee Trustee shall have received written notice thereoffrom the Guarantor, or unless a Responsible Officer of the Capital Securities Guarantee Trustee charged with the administration of the Declaration this Series B Capital Securities Guarantee shall have obtained actual knowledge thereofknowledge, of such Event of Default.
Appears in 2 contracts
Samples: Guarantee Agreement (Ml Capital Trust I), Series B Capital Securities Guarantee Agreement (First Keystone Capital Trust I)
Event of Default; Notice. (a) The Capital Securities Guarantee Trustee shall, within 90 days after a Responsible Officer of the Capital 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 Capital SecuritiesHolders, notices of all such Events of Default actually known to a such Responsible Officer of the Capital Securities Guarantee Trustee, unless such defaults have been cured before the giving of such notice, provided that the Capital Securities Guarantee Trustee shall be protected in withholding such notice if and so long as a Responsible Officer of the Capital Securities Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders.
(b) The Capital Securities Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless a Responsible Officer of the Capital Securities Guarantee Trustee shall have received written notice thereof, or unless a Responsible Officer of the Capital Securities Guarantee Trustee charged with the administration of the Declaration Capital Securities Guarantee shall have obtained actual knowledge thereof.
Appears in 2 contracts
Samples: Capital Securities Guarantee Agreement (Prudential Financial Inc), Capital Securities Guarantee Agreement (Prudential Financial Inc)
Event of Default; Notice. (a) The Capital Securities Guarantee Trustee shall, within 90 days after the occurrence of an Event of Defaulta default with respect to this Capital Securities Guarantee, transmit mail by mail, first class postage prepaid, to the Holders of the Capital Securitiesall Holders, notices of all Events of Default defaults actually known to a Responsible Officer of the Capital Securities Guarantee TrusteeOfficer, unless such defaults have been cured before the giving of such notice, provided that provided, that, except in the case of default in the payment of any Guarantee Payment, the Capital Securities Guarantee Trustee shall be protected in withholding such notice if and so long as the board of directors, the executive committee, or a Responsible Officer trust committee of directors of the Capital Securities Guarantee Guaranty Trustee and/or a Responsible Officer in good faith determines that the withholding of such notice is in the interests of the Holders.
(b) The Capital Securities Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless a Responsible Officer of the Capital Securities Guarantee Trustee shall have received written notice thereoffrom the Guarantor, or unless a Responsible Officer of the Capital Securities Guarantee Trustee charged with the administration of the Declaration Trust Agreement shall have obtained actual knowledge thereofknowledge, of such Event of Default.
Appears in 2 contracts
Samples: Capital Securities Guarantee Agreement (Sovereign Capital Trust V), Capital Securities Guarantee Agreement (Sovereign Capital Trust V)
Event of Default; Notice. (a) The Capital Securities Guarantee Trustee shall, within 90 days after the occurrence of an Event of Defaulta default with respect to this Capital Securities Guarantee, transmit mail by mail, first class postage prepaid, to the Holders of the Capital Securitiesall Holders, notices of all Events of Default defaults actually known to a Responsible Officer of the Capital Securities Guarantee TrusteeOfficer, unless such defaults have been cured before the giving of such notice, provided that provided, that, except in the case of default in the payment of any Guarantee Payment, the Capital Securities Guarantee Trustee shall be protected in withholding such notice if and so long as the board of directors, the executive committee, or a Responsible Officer trust committee of directors of the Capital Securities Guarantee Trustee and/or a Responsible Officer in good faith determines that the withholding of such notice is in the interests of the Holders.
(b) The Capital Securities Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless a Responsible Officer of the Capital Securities Guarantee Trustee shall have received written notice thereoffrom the Guarantor, or unless a Responsible Officer of the Capital Securities Guarantee Trustee charged with the administration of the Declaration Trust Agreement shall have obtained actual knowledge thereofknowledge, of such Event of Default.
Appears in 2 contracts
Samples: Capital Securities Guarantee Agreement (Sovereign Bancorp Inc), Capital Securities Guarantee Agreement (Sovereign Bancorp Inc)
Event of Default; Notice. (a) The Capital Securities Guarantee Trustee shall, within 90 days after the occurrence of an Event of Defaulta default with respect to this Capital Securities Guarantee, transmit mail by mail, first class postage prepaid, to the Holders of the Capital Securitiesall Holders, notices of all Events of Default defaults actually known to a Responsible Officer of the Capital Securities Guarantee Trustee, unless such defaults have been cured before the giving of such notice, provided that provided, that, except in the case of default in the payment of any Guarantee Payment, the Capital Securities Guarantee Trustee shall be protected in withholding such notice if and so long as the board of directors, the executive committee, or a trust committee of directors and/or Responsible Officer of the Capital Securities Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders.
(b) The Capital Securities Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless a Responsible Officer of the Capital Securities Guarantee Trustee shall have received written notice thereoffrom the Guarantor or a Holder, or unless a Responsible Officer of the Capital Securities Guarantee Trustee charged with the administration of the Declaration shall have obtained actual knowledge thereofknowledge, of such Event of Default.
Appears in 2 contracts
Samples: Capital Securities Guarantee Agreement (Albank Capital Trust I), Series B Capital Securities Guarantee Agreement (Albank Capital Trust I)
Event of Default; Notice. (a) The Capital Securities Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default, transmit by mail, first class postage prepaid, a default with respect to the Holders of the this Capital Securities, notices of all Events of Default Securities Guarantee actually known to a Responsible Officer of the Capital Securities Guarantee Trustee, mail by first class postage prepaid, to all Holders, notices of all such defaults, unless such defaults have been cured before the giving of such notice, provided that provided, that, except in the case of default in the payment of any Guarantee Payment, the Capital Securities Guarantee Trustee shall be protected in withholding such notice if and so long as the board of directors, the executive committee, or a trust committee of directors and/or Responsible Officer Officers of the Capital Securities Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holdersholders of the Series B Capital Securities.
(b) The Capital Securities Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless a Responsible Officer of the Capital Securities Guarantee Trustee shall have received written notice thereoffrom the Guarantor or a Holder, or unless a Responsible Officer of the Capital Securities Guarantee Trustee charged with the administration of the Declaration shall have obtained actual knowledge thereofknowledge, of such Event of Default.
Appears in 2 contracts
Samples: Series B Capital Securities Guarantee Agreement (Puget Sound Energy Inc), Capital Securities Guarantee Agreement (Safeco Corp)
Event of Default; Notice. (a) The Capital 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 Capital Securities, notices of all Events of Default actually known to a Responsible Officer of the Capital Securities Guarantee Trustee, unless such defaults have been cured before the giving of such notice, provided that provided, that, the Capital Securities Guarantee Trustee shall be protected in withholding such notice if and so long as a Responsible Officer of the Capital Securities Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders.
(b) The Capital Securities Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless a Responsible Officer of the Capital Securities Guarantee Trustee shall have received written notice thereof, or unless a Responsible Officer of the Capital Securities Guarantee Trustee charged with the administration of the Declaration shall have obtained actual knowledge thereof.
Appears in 2 contracts
Samples: Capital Securities Guarantee Agreement (Bank of America Corp /De/), Capital Securities Guarantee Agreement (Bank of America Corp /De/)
Event of Default; Notice. (a) The Capital Securities Guarantee Trustee shall, within 90 days after the occurrence of an Event of DefaultDefault with respect to this Capital Securities Guarantee actually known to a Responsible Officer, transmit mail by mail, first class postage prepaid, to the Holders of the Capital Securitiesall Holders, notices of all such Events of Default actually known to a Responsible Officer of the Capital Securities Guarantee TrusteeDefault, unless such defaults have been cured before the giving of such notice, provided that provided, that, except in the case of default in the payment of any Guarantee Payment, the Capital Securities Guarantee Trustee shall be protected in withholding such notice if and so long as the board of directors, the executive committee, or a trust committee of directors and/or a Responsible Officer of the Capital Securities Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders.
(b) The Capital Securities Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless a Responsible Officer of the Capital Securities Guarantee Trustee shall have received written notice thereoffrom the Guarantor, or unless a Responsible Officer of the Capital Securities Guarantee Trustee charged with the administration of the Declaration this Capital Securities Guarantee shall have obtained actual knowledge thereofknowledge, of such Event of Default.
Appears in 1 contract
Samples: Capital Securities Guarantee Agreement (NGC Corp Capital Trust I)
Event of Default; Notice. (a) The Capital 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 Capital Company Preferred Securities (and, for so long as the Initial Holder is the Holder of the Company Preferred Securities, also to the Holders of the Trust Preferred Securities), notices of all Events of Default actually known to a Responsible Officer of the Capital Securities Guarantee Trustee, unless such defaults have been cured before the giving of such notice; PROVIDED, provided that that, the Capital Securities Guarantee Trustee shall be protected in withholding such notice if and so long as a Responsible Officer of the Capital Securities Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the HoldersHolders of the Company Preferred Securities or Trust Preferred Securities.
(b) The Capital Securities Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless a Responsible Officer of the Capital Securities Guarantee Trustee shall have received written notice thereofnotice, or unless a Responsible Officer of the Capital Securities Guarantee Trustee charged with the administration of the Declaration this Guarantee shall have obtained actual knowledge thereofknowledge, of such Event of Default.
Appears in 1 contract
Samples: Subordinated Guarantee Agreement (Credit Suisse Group)
Event of Default; Notice. (a) The Capital 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 Capital Company Preferred Securities (and, for so long as the Trust is the Holder of the Company Preferred Securities, also to the Holders of the Trust Securities) notices of all Events of Default actually known to a Responsible Officer of the Capital Securities Guarantee Trustee, unless such defaults have been cured before the giving of such notice, provided that provided, that, the Capital Securities Guarantee Trustee shall be protected in withholding such notice if and so long as a Responsible Officer of the Capital Securities Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the HoldersHolders of the Company Preferred Securities.
(b) The Capital Securities Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless a Responsible Officer of the Capital Securities Guarantee Trustee shall have received written notice thereofnotice, or unless a Responsible Officer of the Capital Securities Guarantee Trustee charged with the administration of the Declaration Guarantee shall have obtained actual knowledge thereofknowledge, of such Event of Default.
Appears in 1 contract
Samples: Company Preferred Securities Guarantee Agreement (Abn Amro Bank Nv)
Event of Default; Notice. (a) The Capital Securities Guarantee Trustee shall, within 90 days after the occurrence of an Event of Defaulta default with respect to this Capital Securities Guarantee, transmit mail by mail, first class postage prepaid, to the Holders of the Capital Securitiesall Holders, notices of all Events of Default defaults actually known to a Responsible Officer of the Capital Securities Guarantee Trustee, unless such defaults have been cured before the giving of such notice, provided that provided, that, except in the case of default in the payment of any Guarantee Payment, the Capital Securities Guarantee Trustee shall be protected in withholding such notice if and so long as the board of directors, the executive committee, or a trust committee of directors and/or Responsible Officer Officers of the Capital Securities Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holdersholders of the Series B Capital Securities.
(b) The Capital Securities Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless a Responsible Officer of the Capital Securities Guarantee Trustee shall have received written notice thereoffrom the Guarantor or a Holder, or unless a Responsible Officer of the Capital Securities Guarantee Trustee charged with the administration of the Declaration shall have obtained actual knowledge thereof.Capital
Appears in 1 contract
Samples: Series B Capital Securities Guarantee Agreement (Agl Resources Inc)
Event of Default; Notice. (a) The Capital 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 Capital Securities, notices of all Events of Default actually known to a Responsible Officer of the Capital Securities Guarantee Trustee, unless such defaults have been cured before the giving of such notice, provided that that, 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 Capital Securities Guarantee Trustee in good faith determines determine that the withholding of such notice is in the interests of the HoldersHolders of the Capital Securities.
(b) The Capital Securities Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless a Responsible Officer except any Event of Default as to which the Capital Securities Guarantee Trustee shall have received written notice thereof, or unless a Responsible Officer of the Capital Securities Guarantee Trustee charged with the administration of the Declaration shall have obtained actual knowledge thereofwritten notice of.
Appears in 1 contract
Samples: Capital Securities Guarantee Agreement (HSBC Finance Capital Trust IX)
Event of Default; Notice. (a) The Capital Securities Guarantee Trustee shall, within 90 days after the occurrence of an Event of DefaultDefault with respect to this Capital Securities Guarantee actually known to a Responsible Officer, transmit mail by mail, first class postage prepaid, to the Holders of the Capital Securitiesall Holders, notices of all such Events of Default actually known to a Responsible Officer of the Capital Securities Guarantee TrusteeDefault, unless such defaults have been cured before the giving of such notice, provided that provided, that, except in the case of default in the payment of any Guarantee Payment, the Capital Securities Guarantee Trustee shall be protected in withholding such notice if and so long as the board of directors, the executive committee, or a trust committee of directors and/or a Responsible Officer of the Capital Securities Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders.
(b) The Capital Securities Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless a Responsible Officer of the Capital Securities Guarantee Trustee shall have received written notice thereoffrom the Guarantor, or unless a Responsible Officer of the Capital Securities Guarantee Trustee charged with the administration of the Declaration this Series A Capital Securities Guarantee shall have obtained actual knowledge thereofknowledge, of such Event of Default.
Appears in 1 contract
Event of Default; Notice. (a) The Capital Securities Guarantee Trustee shall, within 90 days after the occurrence of an Event of Defaulta default with respect to this Capital Securities Guarantee, transmit mail by mail, first class postage prepaid, to the Holders of the Capital Securitiesall Holders, notices of all Events of Default defaults actually known to a Responsible Officer of the Capital Securities Guarantee Trustee, unless such defaults have been cured before the giving of such notice, provided that provided, that, except in the case of default in the payment of any Guarantee Payment, the Capital Securities Guarantee Trustee shall be protected in withholding such notice if and so long as the board of directors, the executive committee, or a trust committee of directors and/or Responsible Officer Officers of the Capital Securities Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holdersholders of the Series A Capital Securities.
(b) The Capital Securities Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless a Responsible Officer of the Capital Securities Guarantee Trustee shall have received written notice thereoffrom the Guarantor or a Holder, or unless a Responsible Officer of the Capital Securities Guarantee Trustee charged with the administration of the Declaration shall have obtained actual knowledge thereofknowledge, of such Event of Default.
Appears in 1 contract
Samples: Series a Capital Securities Guarantee Agreement (Peoples Heritage Financial Group Inc)
Event of Default; Notice. (a) The Capital Securities Guarantee Trustee shall, within 90 days after the occurrence of an Event of Defaulta default with respect to this Capital Securities Guarantee, transmit mail by mail, first class postage prepaid, to the Holders of the Capital Securitiesall Holders, notices of all Events of Default defaults actually known to a Responsible Officer of the Capital Securities Guarantee TrusteeOfficer, unless such defaults have been cured before the giving of such notice, provided that provided, that, except in the case of default in the payment of any Guarantee Payment, the Capital Securities Guarantee Trustee shall be protected in withholding such notice if and so long as the board of directors, the executive committee, or a trust committee of directors and/or a Responsible Officer of the Capital Securities Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the HoldersHolders of the Series B Capital Securities.
(b) The Capital Securities Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless a Responsible Officer of the Capital Securities Guarantee Trustee shall have received written notice thereoffrom the Guarantor, or unless a Responsible Officer of the Capital Securities Guarantee Trustee charged with the administration of the Declaration this Series B Capital Securities Guarantee shall have obtained actual knowledge thereofknowledge, of such Event of Default.
Appears in 1 contract
Samples: Series B Capital Securities Guarantee Agreement (Progress Capital Trust I)
Event of Default; Notice. (a) The Capital Securities Guarantee Trustee shall, within 90 days after the occurrence of an Event of Defaulta default with respect to this Capital Securities Guarantee, transmit mail by mail, first class postage prepaid, to the Holders of the Capital Securitiesall Holders, notices of all Events of Default defaults actually known to a Responsible Officer of the Capital Securities Guarantee Trustee, unless such defaults have been cured before the giving of such notice, provided that provided, that, except in the case of default in the payment of any Guarantee Payment, the Capital Securities Guarantee Trustee shall be protected in withholding such notice if and so long as the board of directors, the executive committee, or a trust committee of directors and/or Responsible Officer Officers of the Capital Securities Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holdersholders of the Series A Capital Securities.
(b) The Capital Securities Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless a Responsible Officer of the Capital Securities Guarantee Trustee shall have received written notice thereoffrom the Guarantor or a Holder, or unless a Responsible Officer of the Capital Securities Guarantee Trustee charged with the administration of the Declaration shall have obtained actual knowledge thereof.Capital
Appears in 1 contract
Samples: Series a Capital Securities Guarantee Agreement (Agl Resources Inc)
Event of Default; Notice. (a) The Capital Securities Guarantee Trustee shall, within 90 days after the occurrence of an Event a default with respect to this Capital Securities Guarantee known to a Responsible Officer of Defaultthe Capital Securities Guarantee Trustee, transmit mail by mail, first class postage prepaid, to the Holders of the Capital Securitiesall Holders, notices of all Events of Default defaults actually known to a Responsible Officer of the Capital Securities Guarantee Trustee, unless such defaults have been cured before the giving of such notice, provided that provided, that, except in the case of default in the payment of any Guarantee Payment, the Capital Securities Guarantee Trustee shall be protected in withholding such notice if and so long as the board of directors, the executive committee, or a trust committee of directors and/or Responsible Officer Officers of the Capital Securities Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders.
(b) The Capital Securities Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless a Responsible Officer of the Capital Securities Guarantee Trustee shall have received written notice thereofnotice, or unless a Responsible Officer of the Capital Securities Guarantee Trustee charged with the administration of the Declaration shall have obtained actual knowledge thereofknowledge, of such Event of Default.
Appears in 1 contract
Samples: Capital Securities Guarantee Agreement (Executive Risk Capital Trust)
Event of Default; Notice. (a) The Capital 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 Capital Securities, notices of all Events of Default actually known to a Responsible Officer of the Capital Securities Guarantee Trustee, unless such defaults 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 Capital Securities Guarantee Trustee shall be protected in withholding such notice if and so long as the Board of Directors, the executive committee or a trust committee of directors and/or a Responsible Officer of the Capital Securities Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the HoldersHolders of the Capital Securities.
(b) The Capital Securities Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless the Capital Guarantee Trustee shall have received written notice, or a Responsible Officer of the Capital Securities Guarantee Trustee shall have received written notice thereof, or unless a Responsible Officer of the Capital Securities Guarantee Trustee charged with the administration of the Declaration Capital Securities Guarantee shall have obtained actual knowledge thereofknowledge.
Appears in 1 contract
Samples: Capital Securities Guarantee Agreement (Allstate Corp)
Event of Default; Notice. (a) The Capital Securities Guarantee Trustee shall, within 90 days after the occurrence of an Event of Defaulta default with respect to this Series B Capital Securities Guarantee, transmit mail by mail, first class postage prepaid, to the all Holders of the Series B Capital Securities, notices of all Events of Default defaults actually known to a Responsible Officer of the Capital Securities Guarantee Trustee, unless such defaults have been cured before the giving of such notice; provided, provided that that, except in the case of default in the payment of any Guarantee Payment, the Capital Securities Guarantee Trustee shall be protected in withholding such notice if and so long as the board of directors, the executive committee, or a trust committee of directors and/or Responsible Officer Officers of the Capital Securities Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holdersholders of the Series B Capital Securities.
(b) The Capital Securities Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless a Responsible Officer of the Capital Securities Guarantee Trustee shall have received written notice thereofnotice, or unless a Responsible Officer of the Capital Securities Guarantee Trustee charged with the administration of the Declaration shall have obtained actual knowledge thereof.Guarantee
Appears in 1 contract
Samples: Series B Capital Securities Guarantee Agreement (Advanta Capital Trust I)
Event of Default; Notice. (a) The Capital 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 Capital Securities, notices of all Events of Default actually known to a Responsible Officer of the Capital Securities Guarantee Trustee, unless such defaults have been cured before the giving of such notice, ; provided that except in the case of a default in the -------- payment of a Guarantee Payment, the 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 Capital Securities Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the HoldersHolders of the Capital Securities.
(b) The Capital Securities Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless a Responsible Officer except any Event of Default as to which the Capital Securities Guarantee Trustee shall have received written notice thereof, or unless a Responsible Officer of the Capital Securities Guarantee Trustee charged with the administration of the Declaration shall have obtained actual knowledge thereofwritten notice of such Event of Default.
Appears in 1 contract
Samples: Capital Securities Guarantee Agreement (Nationwide Financial Services Capital Trust)
Event of Default; Notice. (a) The Capital Securities Guarantee Trustee shall, within 90 30 days after the occurrence of an a Guarantee Event of Default, transmit by mail, first class postage prepaid, to the Holders of the Capital SecuritiesHolders, notices of all Guarantee Events of Default with respect to this Capital Securities Guarantee actually known to a Responsible Officer of the Capital Securities Guarantee Trustee, unless such defaults Guarantee Events of Default have been cured before the giving of such notice; provided, provided that that, the Capital Securities Guarantee Trustee shall be protected in withholding such notice if and so long as a Responsible Officer of the Capital Securities Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders.
(b) The Capital Securities Guarantee Trustee shall not be deemed to have knowledge of any Guarantee Event of Default unless a Responsible Officer of the Capital Securities Guarantee Trustee shall have received written notice thereof, or unless a Responsible Officer of the Capital Securities Guarantee Trustee charged with the administration of the Declaration Capital Securities Guarantee shall have obtained actual knowledge thereof.
Appears in 1 contract
Samples: Capital Securities Guarantee Agreement (K N Capital Trust Ii /De/)
Event of Default; Notice. (a) The Capital Securities Guarantee Trustee shall, within 90 days after the occurrence of an Event of Defaulta default with respect to this Capital Securities Guarantee, transmit mail by mail, first class postage prepaid, to the Holders of the Capital Securitiesall Holders, notices of all Events of Default defaults actually known to a Responsible Officer of the Capital Securities Guarantee Trustee, unless such defaults have been cured before the giving of such notice, provided that provided, that, except in the case of default in the payment of any Guarantee Payment, the Capital Securities Guarantee Trustee shall be protected in withholding such notice if and so long as the board of directors, the executive committee, or a trust committee of directors and/or Responsible Officer Officers of the Capital Securities Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holdersholders of the New Capital Securities.
(b) The Capital Securities Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless a Responsible Officer of the Capital Securities Guarantee Trustee shall have received written notice thereofnotice, or unless a Responsible Officer of the Capital Securities Guarantee Trustee charged with the administration of the Declaration shall have obtained actual knowledge thereofknowledge, of such Event of Default.
Appears in 1 contract
Samples: Capital Securities Guarantee Agreement (Berkley W R Capital Trust)
Event of Default; Notice. (a) The Capital Securities 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 Capital Preferred Securities, notices of all Events of Default actually known to a Responsible Officer of the Capital Securities Guarantee Trustee, unless such defaults have been cured or waived before the giving of such notice; provided, provided in the case of an Event of Default other than a default in payment obligations under the Guarantee, that the Capital Securities Guarantee Trustee shall be protected in withholding such notice if and so long as a Responsible Officer of the Capital Securities Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the HoldersHolders of the Preferred Securities.
(b) The Capital Securities Guarantee Trustee shall not be deemed to have knowledge of any an Event of Default unless a Responsible Officer of the Capital Securities Guarantee Trustee shall have received written notice thereofof such Event of Default, or unless of which a Responsible Officer of the Capital Securities Guarantee Trustee charged with the administration of the Declaration Trust Agreement shall have obtained actual knowledge thereofknowledge.
Appears in 1 contract
Event of Default; Notice. (a) The 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 Capital Securitiesall Holders, notices of all Events such Event of Default actually known to a Responsible Officer of the Capital Securities Guarantee Trustee, unless such defaults have Event of Default has been cured before the giving of such notice; provided, provided that that, except in the case of default in the payment of any Guarantee Payment, the Capital Securities Guarantee Trustee shall be protected in withholding such notice if and so long as the board of directors, the executive committee, or a trust committee of directors and/or Responsible Officer Officers of the Capital Securities Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the HoldersHolders of the Series B Capital Securities.
(b) The Capital Securities Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless the Capital Securities Guarantee Trustee shall have received written notice from the Guarantor or a Holder, or a Responsible Officer of the Capital Securities Guarantee Trustee shall have received written notice thereof, or unless a Responsible Officer of the Capital Securities Guarantee Trustee charged with the administration of the Declaration shall have obtained actual knowledge thereofknowledge, of such Event of Default.
Appears in 1 contract
Samples: Capital Securities Guarantee Agreement (First Midwest Bancorp Inc)
Event of Default; Notice. (a) The Capital Securities Convertible Debenture Guarantee Trustee shall, within 90 days after the occurrence of an Event of Defaulta default with respect to this Convertible Debenture Guarantee Agreement, transmit mail by mail, first class postage prepaid, to the Holders of the Capital Securitiesall Holders, notices of all Events of Default defaults actually known to a Responsible Officer of the Capital Securities Guarantee TrusteeOfficer, unless such defaults have been cured before the giving of such notice, provided that provided, that, except in the Capital Securities case of default in the payment of any amounts due under the Guarantees, the Convertible Debenture 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 Capital Securities Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders.
(b) The Capital Securities Convertible Debenture Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless a Responsible Officer of the Capital Securities Convertible Debenture Guarantee Trustee shall have received written notice thereoffrom the Guarantor, or unless a Responsible Officer of the Capital Securities Guarantee Trustee charged with the administration of the Declaration this Convertible Debenture Guarantee Agreement shall have obtained actual knowledge thereofknowledge, of such Event of Default.
Appears in 1 contract
Samples: Convertible Debenture Guarantee Agreement (Weatherford International LTD)
Event of Default; Notice. (a) The Capital Securities Guarantee Trustee shall, within 90 days after the occurrence of an Event of Defaulta default with respect to this Series B Capital Securities Guarantee, transmit mail by mail, first class postage prepaid, to the Holders of the Capital Securitiesall Holders, notices of all Events of Default defaults actually known to a Responsible Officer of the Capital Securities Guarantee Trustee, unless such defaults have been cured before the giving of such notice, provided that provided, that, except in the case of default in the payment of any Guarantee Payment, the Capital Securities Guarantee Trustee shall be protected in withholding such notice if and so long as the board of directors, the executive committee, or a trust committee of directors and/or Responsible Officer of the Capital Securities Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders.
(b) The Capital Securities Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless a Responsible Officer of the Capital Securities Guarantee Trustee shall have received written notice thereofnotice, or unless a Responsible Officer of the Capital Securities Guarantee Trustee charged with the administration of the Declaration shall have obtained actual knowledge thereofknowledge, of such Event of Default.
Appears in 1 contract
Samples: Series B Capital Securities Guarantee Agreement (Arrow Financial Corp)
Event of Default; Notice. (a) The Capital Securities Guarantee Trustee shall, within 90 days after the occurrence of an Event a default with respect to this Capital Securities Guarantee known to a Responsible Officer of Defaultthe Capital Securities Guarantee Trustee, transmit mail by mail, first class postage prepaid, to the all Holders of the Series B Capital Securities, notices of all Events of Default defaults actually known to a Responsible Officer of the Capital Securities Guarantee Trustee, unless such defaults have been cured before the giving of such notice, provided that provided, that, except in the case of default in the payment of any Guarantee Payment, the Capital Securities Guarantee Trustee shall be protected in withholding such notice if and so long as the board of directors, the executive committee, or a trust committee of directors and/or Responsible Officer Officers of the Capital Securities Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holdersholders of the Series B Capital Securities.
(b) The Capital Securities Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless a Responsible Officer of the Capital Securities Guarantee Trustee shall have received written notice thereofnotice, or unless a Responsible Officer of the Capital Securities Guarantee Trustee charged with the administration of the Declaration shall have obtained actual knowledge thereofknowledge, of such Event of Default.
Appears in 1 contract
Samples: Capital Securities Guarantee Agreement (Markel Corp)
Event of Default; Notice. (a) The Capital 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 Capital Securities, notices of all Events of Default actually known to a Responsible Officer of the Capital Securities Guarantee Trustee, unless such defaults have been cured before the giving of such notice; PROVIDED that except in the case of a default in the payment of a Guarantee Payment, provided that 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 Capital Securities Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the HoldersHolders of the Capital Securities.
(b) The Capital Securities Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless a Responsible Officer except any Event of Default as to which the Capital Securities Guarantee Trustee shall have received written notice thereof, or unless a Responsible Officer of the Capital Securities Guarantee Trustee charged with the administration of the Declaration shall have obtained actual knowledge thereofwritten notice of such Event of Default.
Appears in 1 contract
Samples: Capital Securities Guarantee Agreement (Zenith National Insurance Corp)
Event of Default; Notice. (a) The Capital Securities Trust Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the Holders of the Capital Trust Preferred Securities, notices of all Events of Default actually known to a Responsible Officer of the Capital Securities Trust Guarantee TrusteeTrustee who is charged with the administration of this Trust Guarantee, unless such defaults have been cured before the giving of such notice; provided, provided however, that the Capital Securities Trust Guarantee Trustee shall be protected in withholding such notice if and so long as a Responsible Officer of the Capital Securities Trust Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the HoldersHolders of the Trust Preferred Securities.
(b) The Capital Securities Trust Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless a Responsible Officer of the Capital Securities Trust Guarantee Trustee shall have received written notice thereofnotice, or unless of which a Responsible Officer of the Capital Securities Trust Guarantee Trustee charged with the administration of the Declaration Trust Agreement shall have obtained actual knowledge thereofknowledge.
Appears in 1 contract
Samples: Trust Preferred Securities Guarantee Agreement (Hawaiian Electric Industries Capital Trust Ii)
Event of Default; Notice. (a) The Capital 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 Capital Securities, notices of all Events of Default actually known to a Responsible Officer of the Capital Securities Guarantee Trustee, unless such defaults have been cured before the giving of such notice, provided that provided, that, the Capital Securities Guarantee Trustee shall be protected in withholding such notice if and so long as a Responsible Officer of the Capital Securities Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the HoldersHolders of the Capital Securities.
(b) The Capital Securities Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless a Responsible Officer of the Capital Securities Guarantee Trustee shall have received written notice thereofnotice, or unless of which a Responsible Officer of the Capital Securities Guarantee Trustee charged with the administration of the Declaration shall have obtained actual knowledge thereofknowledge.
Appears in 1 contract
Samples: Capital Securities Guarantee Agreement (Nb Capital Trust V)
Event of Default; Notice. (a) The Capital 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 Capital Preferred Securities, notices of all Events of Default actually known to a Responsible Officer of the Capital Securities Guarantee Trustee, unless such defaults have been cured before the giving of such notice; provided, provided that that, except in the Capital Securities case of a default by Guarantor on any of its payment obligations, the Guarantee Trustee shall be protected in withholding such notice if and so long as a Responsible Officer of the Capital Securities Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the HoldersHolders of the Preferred Securities.
(b) The Capital Securities Guarantee Trustee shall not be deemed not to have notice or knowledge of any default or Event of Default unless a Responsible Officer of the Capital Securities Guarantee Trustee shall have received written notice thereof, referencing this Guarantee, or unless a Responsible Officer of the Capital Securities Guarantee Trustee charged with the administration of the Declaration Trust Agreement shall have obtained actual knowledge thereof.
Appears in 1 contract
Samples: Convertible Preferred Securities Guarantee Agreement (Bridge Bancorp Inc)
Event of Default; Notice. (a) The Capital 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 Capital Class B Preferred Securities (and, if and for so long as a Trust is the Holder of the Class B Preferred Securities, also to the Holders of the Trust Securities) notices of all Events of Default actually known to a Responsible Officer of the Capital Securities Guarantee Trustee, unless such defaults have been cured before the giving of such notice, provided that provided, that, the Capital Securities Guarantee Trustee shall be protected in withholding such notice if and so long as a Responsible Officer of the Capital Securities Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the HoldersHolders of the Class B Preferred Securities.
(b) The Capital Securities Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless a Responsible Officer of the Capital Securities Guarantee Trustee shall have received written notice thereofnotice, or unless a Responsible Officer of the Capital Securities Guarantee Trustee charged with the administration of the Declaration Guarantee shall have obtained actual knowledge thereofknowledge, of such Event of Default.
Appears in 1 contract
Samples: Class B Preferred Securities Guarantee Agreement (Abn Amro Bank Nv)
Event of Default; Notice. (a) The 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 Capital Securities, notices of all Events of Default actually known to a Responsible Officer of the Capital Securities Guarantee Trustee, unless such defaults have been cured before the giving of such notice, provided that provided, that, the Capital Securities Guarantee Trustee shall be protected in withholding such notice if and so long as a Responsible Officer of the Capital Securities Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the HoldersHolders of the Capital Securities.
(b) The Capital Securities Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless the Capital Guarantee Trustee shall have received written notice, or a Responsible Officer of the Capital Securities Guarantee Trustee shall have received written notice thereof, or unless a Responsible Officer of the Capital Securities Guarantee Trustee charged with the administration of the Declaration shall have obtained actual knowledge thereofknowledge, of such Event of Default.
Appears in 1 contract
Samples: Capital Securities Guarantee Agreement (Arvin Capital I)
Event of Default; Notice. (a) The Capital Trust Securities Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default, transmit mail by mail, first first-class postage prepaid, to the Holders of the Capital Securitiesall Holders, notices of all Events of Default defaults actually known to a Responsible Officer of the Capital Securities Guarantee TrusteeOfficer, unless such defaults have been cured before the giving of such notice, provided that that, except in the Capital case of default in the payment of any Guarantee Payment, the Trust 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 Capital Trust Securities Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders.
(b) The Capital Trust Securities Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless a Responsible Officer of the Capital Trust Securities Guarantee Trustee shall have received written notice thereoffrom the Guarantor, or unless a Responsible Officer of the Capital Securities Guarantee Trustee charged with the administration of the Declaration this Trust Securities Guarantee shall have obtained actual knowledge thereofknowledge, of such Event of Default.
Appears in 1 contract
Event of Default; Notice. (a) The Capital Securities Guarantee Trustee shall, within 90 days after the occurrence of an Event of Defaulta default with respect to this Capital Securities Guarantee, transmit mail by mail, first class postage prepaid, to the Holders of the Capital Securitiesall Holders, notices of all Events of Default defaults actually known to a Responsible Officer of the Capital Securities Guarantee Trustee, unless such defaults have been cured before the giving of such notice, provided that provided, that, except in the case of default in the payment of any Guarantee Payment, the Capital Securities Guarantee Trustee shall be protected in withholding such notice if and so long as the board of directors, the executive committee, or a trust committee of directors and/or Responsible Officer Officers of the Capital Securities Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holdersholders of the Series B Capital Securities.
(b) The Capital Securities Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless a Responsible Officer of the Capital Securities Guarantee Trustee shall have received written notice thereoffrom the Guarantor or a Holder, or unless a Responsible Officer of the Capital Securities Guarantee Trustee charged with the administration of the Declaration shall have obtained actual knowledge thereofknowledge, of such Event of Default.
Appears in 1 contract
Samples: Series B Capital Securities Guarantee Agreement (Peoples Heritage Financial Group Inc)