Common use of Event of Default; Notice Clause in Contracts

Event of Default; Notice. (a) The Property Trustee shall, within 90 days after the occurrence of an Event of Default actually known to a Responsible Officer of the Property Trustee, transmit by mail, first class postage prepaid, to the Holders, the Administrative Trustee and the Sponsor, written notice of such Event of Default, unless such Event of Default has been cured before the giving of such notice; provided that, except for a default in the payment of principal of (or premium, if any) or interest on any of the Trust Preferred Securities or the Debentures, the Property Trustee shall be protected in withholding such notice if and so long as a Responsible Officer of the Property Trustee in good faith determines that the withholding of such notice is in the interests of the Holders. (b) The Property Trustee shall not be deemed to have knowledge of any default except: (i) a default under subparagraph (b) or (c) of the definition "Event of Default" in this Agreement; (ii) a default under Sections 5.01(a) and 5.01(b) of the Indenture; or (iii) any default as to which the Property Trustee shall have received written notice or of which a Responsible Officer of the Property Trustee charged with the administration of the Agreement shall have actual knowledge.

Event of Default; Notice. (a) The Property Trustee shall, within 90 days after the occurrence of an Event of Default actually known to a Responsible Officer of the Property TrusteeDefault, transmit by mail, first class postage prepaid, to the HoldersHolders of the Securities, notices of all defaults with respect to the Administrative Trustee and Securities actually known to a Responsible Officer of the Sponsor, written notice of such Event of DefaultProperty Trustee, unless such Event of Default has 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 that, except for a default in the payment of principal of (or premium, if any) or interest on any of the Trust Preferred Securities 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 a Responsible Officer of the Property Trustee in good faith determines that the withholding of such notice is in the interests of the HoldersHolders of the Securities. (b) The Property Trustee shall not be deemed to have knowledge of any default except: (i) a default under subparagraph (b) or (c) of the definition "Event of Default" in this Agreement; (ii) a default under Sections [5.01(a) and 5.01(b) )] of the Indenture; or (iiiii) any default as to which a Responsible Officer of the Property Trustee shall have received written notice or of which a Responsible Officer of the Property Trustee charged with the administration of the Agreement shall have actual knowledge.

Event of Default; Notice. (a) The Property Trustee shall, within 90 days five (5) Business Days after a Responsible Officer of the Property Trustee obtains actual knowledge of the occurrence of an Event of Default actually known to a Responsible Officer of the Property TrusteeDefault, transmit by mail, first class postage prepaid, to the HoldersHolders of the Securities, notices of all defaults with respect to the Administrative Trustee and Securities actually known to a Responsible Officer of the Sponsor, written notice of such Event of DefaultProperty Trustee, unless such Event of Default has defaults have been cured before the giving of such noticenotice (the term "defaults" for the purposes of this Section 2.7 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 that, except for with respect to a default in the payment of principal of (or premium, if any) or interest on any of the Trust Preferred Securities 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 a Responsible Officer of the Property Trustee in good faith determines that the withholding of such notice is in the interests of the HoldersHolders of the Securities. (b) The Property Trustee shall not be deemed to have knowledge of any default except: (i) a default under subparagraph (b) Sections 5.1 or (c) of the definition "Event of Default" in this Agreement; (ii) a default under Sections 5.01(a) and 5.01(b) 5.3 of the Indenture; or (iiiii) any default as to which the Property Trustee shall have received written notice or of which a Responsible Officer of the Property Trustee charged with the administration of the Agreement shall have actual knowledge.

Event of Default; Notice. (a) The Property Institutional Trustee shall, within 90 days after a Responsible Officer of the Institutional Trustee obtains actual knowledge of the occurrence of an Event of Default actually known to a Responsible Officer of the Property TrusteeDefault, transmit by mail, first class postage prepaid, to the HoldersHolders of the Securities, notices of all defaults with respect to the Administrative Trustee and Securities actually known to a Responsible Officer of the Sponsor, written notice of such Event of DefaultInstitutional Trustee, unless such Event of Default has defaults have been cured before the giving of such noticenotice (the term "defaults" for the purposes of this Section 2.7 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 that, except for with respect to a default in the payment of principal of (or premium, if any) or interest on any of the Trust Preferred Securities Debentures or in the payment of any sinking fund installment established for the Debentures, the Property Institutional Trustee shall be protected in withholding such notice if and so long as a Responsible Officer of the Property Institutional Trustee in good faith determines that the withholding of such notice is in the interests of the HoldersHolders of the Securities. (b) The Property Institutional Trustee shall not be deemed to have knowledge of any default except: (i) a default under subparagraph (b) or (c) of the definition "Event of Default" in this Agreement; (ii) a default Default under Sections 5.01(a) and 5.01(b) 5.1 or 5.3 of the Indenture; or (iiiii) any default or Event of Default as to which the Property Institutional Trustee shall have received written notice or of which a Responsible Officer of the Property Institutional Trustee charged with the administration of the Agreement Declaration shall have actual knowledge.

Event of Default; Notice. (a) The Property Trustee shall, within 90 days after the occurrence of an Event of Default actually known any default with respect to a Responsible Officer of the Property TrusteeSecurities, transmit by mail, first class postage prepaid, to the Holders, Holders of the Administrative Trustee Securities and to the Sponsor, written notice notices of all such Event defaults actually known to a Responsible Officer of Defaultthe Property Trustee, unless such Event of Default has defaults have been cured before the giving of such noticenotice (the term "DEFAULTS" for the purposes of this Section 2.07(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 that, except for a default in the payment of principal of (or premium, if any) or interest on any of the Trust Preferred Securities or the DebenturesSubordinated Notes, the Property Trustee shall be protected in withholding such notice if and so long as a committee of Responsible Officer Officers of the Property Trustee in good faith determines that the withholding of such notice is in the interests of the HoldersHolders of the Securities. (b) The Property Trustee shall not be deemed to have actual knowledge of any default except: (i) a default under subparagraph (b) or (c) of the definition "Event of Default" in this Agreement; (ii) a default under Sections 5.01(a6.01(a) and 5.01(b6.01(b) of the Indenture; or (iii) any default as to which the Property Trustee shall have received written notice or of which a Responsible Officer of the Property Trustee charged with the administration of the Agreement shall have actual knowledge.

Event of Default; Notice. (a) The Property Trustee shall, within 90 days after the occurrence of an Event of Default actually known to a Responsible Officer of the Property TrusteeDefault, transmit by mail, first class postage prepaid, to the HoldersHolders of the Securities, notices of all defaults with respect to the Administrative Trustee and Securities known to the Sponsor, written notice of such Event of DefaultProperty Trustee, unless such Event of Default has defaults have been cured before the giving of such noticenotice (the term "defaults" for the purposes of this Section 2.07 (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 that, except for a default in the payment of principal of (or premium, if any) or interest on any of the Trust Preferred Securities 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 Property Trustee in good faith determines that the withholding of such notice is in the interests of the HoldersHolders of the Securities. (b) The Property Trustee shall not be deemed to have knowledge of any default except: (i) a default under subparagraph Sections 5.1 (b1) or and 5.1 (c2) of the definition "Event of Default" in this Agreement; (ii) a default Indenture, provided that the Property Trustee is also the Paying Agent under Sections 5.01(a) and 5.01(b) of the Indenture; or (iiiii) any default as to which the Property Trustee shall have received written notice or of which a Responsible Officer of the Property Trustee charged with the administration of the Agreement Declaration shall have actual knowledge.

Event of Default; Notice. (a) The Property Trustee shall, within 90 days after the occurrence of an Event of Default actually known to a Responsible Officer of the Property TrusteeDefault, transmit by mail, first class postage prepaid, to the HoldersHolders of the Trust Securities, notices of all defaults with respect to the Administrative Trustee and Trust Securities known to the Sponsor, written notice of such Event of DefaultProperty Trustee, unless such Event of Default has 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 thatPROVIDED THAT, except for a default in the payment of principal of (or premium, if any) or interest on any of the Trust Preferred Securities or the Subordinated Debentures, the Property Trustee shall be protected in withholding such notice if and so long as a Responsible Officer Officers of the Property Trustee in good faith determines determine that the withholding of such notice is in the interests of the HoldersHolders of the Trust Securities. (b) The Property Trustee shall not be deemed to have knowledge of any default except: (i) a default under subparagraph (b) or (c) of the definition "Event of Default" in this Agreement; (ii) a default under Sections 5.01(a401(l) and 5.01(b401(2) of the Indenture; or (iiiii) any default as to which the Property Trustee shall have received written notice or of which a Responsible Officer of the Property Trustee charged with the administration of the Agreement this Declaration shall have obtained written or actual knowledgenotice.

Event of Default; Notice. (a) The Property Trustee shall, within 90 days after the occurrence of an Event of a Default (as such term is defined in the Indenture) actually known to a Responsible Officer of the Property TrusteeOfficer, transmit by mail, first class postage prepaid, to the HoldersHolders of the Preferred Securities, the Administrative Trustee Trustees and the Sponsor, written notice notices of such Event of Defaultall Defaults with respect to the Securities actually known to a Responsible Officer, unless such Event of Default has Defaults have been cured before the giving of such notice; provided that, except for a default in the payment of principal -------- ---- of or interest (or premium, including Compounded Interest and Additional Sums (as such terms are defined in the Indenture) if any) or interest , on any of the Trust Preferred Securities or the Debentures, the Property Trustee shall be protected in withholding such notice if and so long as a Responsible Officer of the Property Trustee in good faith determines that the withholding of such notice is in the interests of the Holders. 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 Declaration. (b) The Property Trustee shall not be deemed to have knowledge of any default except: (i) a default under subparagraph (b) or (c) of the definition "Event of Default" in this Agreement; (ii) a default under Sections 5.01(a) (other than the payment of Compounded Interest and Additional Sums, each as defined in the Indenture) and 5.01(b) of the Indenture provided that the Property Trustee is the Paying Agent under the Indenture; or (iiiii) any default as to which the Property Trustee shall have received written notice at the corporate trust office of the Property Trustee and such notice references the Preferred Securities and this Declaration or of which a Responsible Officer of the Property Trustee charged with the administration of the Agreement Declaration shall have actual knowledge.

Event of Default; Notice. (a) The Property Institutional Trustee shall, within 90 days after the occurrence of an Event of Default actually known to a Responsible Officer of the Property TrusteeDefault, transmit by mail, first class postage prepaid, to the HoldersHolders of the Securities, notices of all defaults with respect to the Administrative Trustee and Securities actually known to a Responsible Officer of the Sponsor, written notice of such Event of DefaultInstitutional Trustee, unless such Event of Default has 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 Indenture Event of Default with respect to the Debentures, not including any periods of grace provided for therein and irrespective of the giving of any notice provided therein); provided that, except for a default in the payment of principal of (or premium, if any) or interest on any of the Trust Preferred Securities or the Debentures, the Property Institutional Trustee shall be protected in withholding such notice if and so long as a Responsible Officer of the Property Institutional Trustee in good faith determines that the withholding of such notice is in the interests of the HoldersHolders of the Securities. (b) The Property Institutional Trustee shall not be deemed to have knowledge of any default with respect to the Debentures except: : (i) a default with respect to the Debentures under subparagraph (bA) [Section 501(1)] of the Base Indenture, as amended and restated by [Section 2.9(c)] of the Supplemental Indenture, or (cB) [Section 501(2)] of the definition "Event of Default" in this Agreement; (ii) a default under Sections 5.01(a) and 5.01(b) of the Base Indenture; or (iii) any default as to which the Property Trustee shall have received written notice or of which a Responsible Officer of the Property Trustee charged with the administration of the Agreement shall have actual knowledge.

Event of Default; Notice. (a) The Property Trustee shall, within 90 days after the occurrence of an Event of Default actually known any default with respect to a Responsible Officer of the Property TrusteeSecurities, transmit by mail, first class postage prepaid, to the Holders, Holders of the Administrative Trustee Securities and to the Sponsor, written notice notices of all such Event defaults actually known to a Responsible Officer of Defaultthe Property Trustee, unless such Event of Default has 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 that, except for a default in the payment of principal of (or premium, if any) or interest on any of the Trust Preferred Securities or the Debentures, the Property Trustee shall be protected in withholding such notice if and so long as a committee of Responsible Officer Officers of the Property Trustee in good faith determines that the withholding of such notice is in the interests of the HoldersHolders of the Securities. (b) The Property Trustee shall not be deemed to have actual knowledge of any default except: 12 19 (i) a default under subparagraph (b) or (c) of the definition "Event of Default" in this Agreement; (ii) a default under Sections 5.01(a6.01(a) and 5.01(b6.01(b) of the Indenture; or (iii) any default as to which the Property Trustee shall have received written notice or of which a Responsible Officer of the Property Trustee charged with the administration of the Agreement shall have actual knowledge.

Event of Default; Notice. (a) The Property Trustee shall, within 90 days after the occurrence of an Event of Default actually known to a Responsible Officer of the Property TrusteeDefault, transmit by mail, first class postage prepaid, to the HoldersHolders of the Securities, notices of all defaults with respect to the Administrative Trustee and Securities known to the Sponsor, written notice of such Event of DefaultProperty Trustee, unless such Event of Default has defaults Exhibit (4)(s) 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 Indenture Event of Default, not including any periods of grace provided for therein and irrespective of the giving of any notice provided therein); provided that, except for a default in the payment of principal of (or premium, if any) or interest on any of the Trust Preferred Securities 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 a Responsible Officer of the Property Trustee in good faith determines that the withholding of such notice is in the interests of the HoldersHolders of the Securities. (b) The Property Trustee shall not be deemed to have knowledge of any default except: : (i) a default under subparagraph (b) or (c) of the definition "Event of Default" in this Agreement; (ii) a default under Sections 5.01(a5.1(a), 5.1(b) and 5.01(b5.1(c) of the Indenture; or or (iiiii) any default as to which the Property Trustee shall have received written notice or of which a Responsible Officer of the Property Trustee charged with the administration of the this Trust Agreement shall have actual knowledge.

Event of Default; Notice. (a) The Property Trustee shall, within 90 days after the occurrence of an Event of Default actually known to a Responsible Officer of the Property TrusteeDefault, transmit by mail, first class postage prepaid, to the HoldersHolders of the Securities, notices of all defaults with respect to the Administrative Trustee and Securities known to the Sponsor, written notice of such Event of DefaultProperty Trustee, unless such Event of Default has defaults Exhibit (4)(t) 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 Indenture Event of Default, not including any periods of grace provided for therein and irrespective of the giving of any notice provided therein); provided that, except for a default in the payment of principal of (or premium, if any) or interest on any of the Trust Preferred Securities 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 a Responsible Officer of the Property Trustee in good faith determines that the withholding of such notice is in the interests of the HoldersHolders of the Securities. (b) The Property Trustee shall not be deemed to have knowledge of any default except: : (i) a default under subparagraph (b) or (c) of the definition "Event of Default" in this Agreement; (ii) a default under Sections 5.01(a5.1(a), 5.1(b) and 5.01(b5.1(c) of the Indenture; or or (iiiii) any default as to which the Property Trustee shall have received written notice or of which a Responsible Officer of the Property Trustee charged with the administration of the this Trust Agreement shall have actual knowledge.

Event of Default; Notice. (a) The Property Institutional Trustee shall, within 90 days after the occurrence of an Event of Default actually known to a Responsible Officer of the Property TrusteeDefault, transmit by mail, first class postage prepaid, to the Holders, the Administrative Trustee and the Sponsor, written notice of such Event of Defaultall defaults with respect to the Securities actually known to a Responsible Officer, unless such Event of Default has 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 that, except for a default in the payment of principal of (or of, premium, if any) , or interest on any of the Trust Preferred Securities Debentures or in the payment of any sinking fund installment established for the Debentures, the Property Institutional Trustee shall be protected in withholding such notice if and so long as a Responsible Officer of the Property Trustee in good faith determines that the withholding of such notice is in the interests of the Holders; and provided further, that in the case of any default of the character specified in Section 5.01(c) of the Indenture, no such notice to Holders shall be given until at least 60 days after the occurrence thereof but shall be given within 90 days after such occurrence. (b) The Property Institutional Trustee shall not be deemed to have knowledge of any default except: (i) a default under subparagraph (bSections 5.01(a) or (c) of the definition "Event of Default" in this Agreement; (ii) a default under Sections 5.01(a) and 5.01(bb) of the Indenture; or (iiiii) any default as to which the Property Institutional Trustee shall have received written notice or of which a Responsible Officer of the Property Trustee charged with the administration of the Agreement Declaration shall have actual knowledge.

Event of Default; Notice. (a) The Property Trustee shall, within 90 days after the occurrence of an Event of Default Default, transmit by certified mail, return receipt requested, or by overnight courier, to the Holders of the Securities, notices of all defaults with respect to the Securities actually known to a Responsible Officer of the Property Trustee, transmit by mail, first class postage prepaid, to the Holders, the Administrative Trustee and the Sponsor, written notice of such Event of Default, unless such Event of Default has 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 thatPROVIDED THAT, except for a default in the payment of principal of (or premium, if any) or interest on any of the Trust Preferred Securities or 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 Property Trustee in good faith determines that the withholding of such notice is in the interests of the HoldersHolders of the Securities. (b) The Property Trustee shall not be deemed to have knowledge of any default except: (i) unless a default under subparagraph (b) Responsible Officer has actual knowledge of or (c) of the definition "Event of Default" in this Agreement; (ii) a default under Sections 5.01(a) and 5.01(b) of the Indenture; or (iii) any default as to which the Property Trustee shall have has received written notice or of which a Responsible Officer of the Property Trustee charged with the administration of the Agreement shall have actual knowledgesuch default.

Event of Default; Notice. (a) The Property Trustee shall, within 90 days after the occurrence of an Event of a Default actually known to a Responsible Officer (or, if later, within 30 days after a Responsible Officer has actual knowledge of the Property Trusteea Default), transmit by mail, first class postage prepaid, to the Holders, notices of all such Defaults with respect to the Administrative Trustee and the Sponsor, written notice of such Event of DefaultSecurities, unless such Event of Default has Defaults have been cured before the giving of such notice; provided that, except for a default Default in the payment of principal of (or premium, if any) or interest (including Compounded Interest and Additional Sums (as such terms are defined in the Indenture), if any) on any of the Trust Preferred Securities or the Debentures, the Property Trustee shall be protected in withholding such notice if and so long as a Responsible Officer of the Property Trustee in good faith determines that the withholding of such notice is in the interests of the Holders. (b) The Property Trustee shall not be deemed to have knowledge of any default Default except: (i) a default under subparagraph (b) or (c) of the definition "Event of Default" in this Agreement; (ii) a default under Sections 5.01(a) and 5.01(bof (b) of the Indenture; or (iiiii) for any default Default as to which the Property Trustee shall have received written notice specifying such Default and stating that such notice is a "Notice of Default" or of which a Responsible Officer of the Property Trustee charged with the administration of the Trust Agreement shall have actual knowledge.

Event of Default; Notice. (a) The Property Trustee shall, within 90 days after the occurrence of an Event of Default actually known to a Responsible Officer of the Property TrusteeTrustee obtains actual knowledge of the occurrence of a default, transmit by mail, first class postage prepaid, to the HoldersHolders of the Securities, notices of all defaults known to the Administrative Property Trustee and the Sponsor, written notice of such Event of Default, unless such Event of Default has other than defaults that have been cured or waived before the giving of such noticenotice (the term "defaults" for the purposes of this Section 2.7(a) being hereby defined to include Debenture Events of Default, not including any periods of grace provided for therein and irrespective of the giving of any notice provided therein); provided that, except for a default in the payment of principal of (or premium, if any) or interest on on, or in the delivery of any cash, securities or other property in exchange for or upon conversion or redemption of or otherwise in accordance with the Trust Preferred Securities terms of, any Debenture or the DebenturesSecurities, the Property Trustee shall be protected in withholding such notice if and so long as a Responsible Officer of the Property Trustee in good faith determines that the withholding of such notice is in the interests of the HoldersHolders of the Securities. (b) The Property Trustee shall not be deemed to have knowledge of any default except: (i) a default under subparagraph (bSections 501(1) or (cand 501(2) of the definition "Event of Default" in this AgreementIndenture; (ii) a default under Sections 5.01(a) and 5.01(b) any failure to deliver any cash, securities or other property in exchange for or upon conversion or redemption of or otherwise in accordance with the terms of the IndentureDebentures or the Securities; orand (iii) any default as to which the Property Trustee shall have received written notice or of which a Responsible Officer of the Property Trustee charged with the administration of the Agreement shall have actual knowledge. (c) The Sponsor and the Administrative Trustee shall file annually within 30 days after June 15 of each year, commencing with June 15, 2005, with the Property Trustee in accordance with Section 314(a)(4) of the Trust Indenture Act a certification as to whether or not they are in compliance with all the conditions applicable to them under this Agreement.

Event of Default; Notice. (a) The Property Trustee shall, within 90 days after the occurrence of an Event of Default actually known to a Responsible Officer of the Property Trusteeany default, transmit by mail, first class postage prepaid, to the Holders, Holders of the Administrative Trustee Securities and to the Sponsor, written notice notices of such Event all defaults with respect to the Securities actually known to a Responsible Officer of Defaultthe Property Trustee, unless such Event of Default has defaults have been cured before the giving of such noticenotice (the term "defaults" for the purposes of this Section 2.07(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 that, except for a default in the payment of principal of (or premium, if any) or interest on any of the Trust Preferred Securities or the DebenturesSenior Notes, the Property Trustee shall be protected in withholding such notice if and so long as a Responsible Officer of the Property Trustee in good faith determines that the withholding of such notice is in the interests of the HoldersHolders of the Securities. (b) The Property Trustee shall not be deemed to have actual knowledge of any default except: (i) a default under subparagraph (bSections 5.1(a) or (cand 5.1(b) of the definition "Event of Default" in this Agreement; (ii) a default under Sections 5.01(a) and 5.01(b) of the Base Indenture; or (iiiii) any default as to which the Property Trustee shall have received written notice or of which a Responsible Officer of the Property Trustee charged with the administration of the Agreement shall have actual knowledge. (c) The Sponsor and the Administrative Trustees shall file annually with the Property Trustee, no later than 120 days after the end of each fiscal year of the Sponsor, a certification as to whether or not they are in compliance with all the conditions and covenants applicable to them under this Agreement.

Event of Default; Notice. (a) The Property Trustee shall, within 90 days after the occurrence of an Event of Default actually known to a Responsible Officer of the Property TrusteeDefault, transmit by mail, first class postage prepaid, to the HoldersHolders of the Securities, notices of all defaults with respect to the Administrative Trustee and Securities actually known to a Responsible Officer of the Sponsor, written notice of such Event of DefaultProperty Trustee, unless such Event of Default has 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 that, except for a default in the payment of principal of (or premium, if any) or interest on any of the Trust Preferred Securities 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 Property Trustee in good faith determines that the withholding of such notice is in the interests of the HoldersHolders of the Securities. (b) The Property Trustee shall not be deemed to have knowledge of any default except: (i) a default under subparagraph (b) or (c) of the definition "Event of Default" in this Agreement; (ii) a default under Sections 5.01(a501(l) and 5.01(b501(2) of the Indenture; or (iiiii) any default as to which the Property Trustee shall have received written notice or of which a Responsible Officer of the Property Trustee charged with the administration of the Agreement Declaration shall have actual knowledge.

Event of Default; Notice. (a) The Property Trustee shall, within 90 days after the occurrence of an Event of Default actually known to a Responsible Officer of the Property TrusteeDefault, transmit by mail, first class postage prepaid, to the HoldersHolders of the Securities, notices of all defaults with respect to the Administrative Trustee and Securities actually known to a Responsible Officer of the Sponsor, written notice of such Event of DefaultProperty Trustee, unless such Event of Default has 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 that, except for a default in the payment of principal of (or premium, if any) or interest on any of the Trust Preferred Securities 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 a Responsible Officer of the Property Trustee in good faith determines that the withholding of such notice is in the interests of the HoldersHolders of the Securities. (b) The Property Trustee shall not be deemed to have knowledge of any default except: (i) a default under subparagraph Sections 7.1(a) and (b) or (c) of the definition "Event of Default" in this Agreement; (ii) a default under Sections 5.01(a) and 5.01(b) of the Indenture; or (iiiii) any default as to which the Property Trustee shall have received written notice or of which a Responsible Officer of the Property Trustee charged with the administration of the Agreement shall have actual knowledgeActual Knowledge.

Event of Default; Notice. (a) The Property Trustee shall, within 90 days after the occurrence of an Event of Default actually known to a Responsible Officer of the Property TrusteeDefault, transmit by mail, first class postage prepaid, to the HoldersHolders of the Securities, notices of all defaults with respect to the Administrative Trustee and Securities actually known to a Responsible Officer of the Sponsor, written notice of such Event of DefaultProperty Trustee, unless such Event of Default has 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 payment of principal of (or premium, if any) or interest on any of the Trust Preferred Securities or 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 Property Trustee in good faith determines that the withholding of such notice is in the interests of the HoldersHolders of the Securities. (b) The Property Trustee shall not be deemed to have knowledge of any default except: (i) a default under subparagraph (b) or (c) of the definition "Event of Default" in this Agreement; (ii) a default under Sections 5.01(a6.01(a) and 5.01(b6.01(b) of the Indenture; or (iiiii) any default as to which the Property Trustee shall have received written notice or of which a Responsible Officer of the Property Trustee shall have actual knowledge or a Responsible Officer charged with the administration of the Agreement Declaration shall have actual knowledgeobtained written notice.

Event of Default; Notice. (a) The Property Trustee shall, within 90 days after the occurrence of an a Declaration Event of Default actually known to a Responsible Officer of the Property TrusteeDefault, transmit by mail, first class postage prepaid, to the HoldersHolders of the Securities, notices of all defaults with respect to the Administrative Trustee and Securities actually known to a Responsible Officer of the Sponsor, written notice of such Event of DefaultProperty Trustee, unless such Event of Default has 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 Indenture Event of Default, not including any periods of grace provided for therein and irrespective of the giving of any notice provided therein); provided that, except for a default in the payment of principal of (or premium, if any) or interest on any of the Trust Preferred Securities 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 Property Trustee in good faith determines that the withholding of such notice is in the interests of the HoldersHolders of the Securities. (b) The Property Trustee shall not be deemed to have knowledge of any default except: (i) a default under subparagraph (b) or (c) of the definition "Event of Default" in this Agreement; (ii) a default under Sections 5.01(a501(1) and 5.01(b501(2) of the Indenture; or (iiiii) any default as to which the Property Trustee shall have received written notice or of which a Responsible Officer of the Property Trustee charged with the administration of the Agreement Declaration shall have actual knowledge.

Event of Default; Notice. (a) The Property Trustee shall, within 90 days after the occurrence of an Event of Default actually known to a Responsible Officer of the Property TrusteeDefault, transmit by mail, first class postage prepaid, to the HoldersHolders of the Trust Securities, notices of all defaults with respect to the Administrative Trustee and Trust Securities known to the Sponsor, written notice of such Event of DefaultProperty Trustee, unless such Event of Default has 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 that, except for a default in the payment of principal of (or premium, if any) or interest on any of the Trust Preferred Securities Notes or in the Debenturespayment of any sinking fund installment established for the Notes, the Property Trustee shall be protected in withholding such notice if and so long as a Responsible Officer Officers of the Property Trustee in good faith determines determine that the withholding of such notice is in the interests of the HoldersHolders of the Trust Securities. (b) The Property Trustee shall not be deemed to have knowledge of any default except: (i) a default under subparagraph (b) or (c) of the definition "Event of Default" in this Agreement; (ii) a default under Sections 5.01(a501(1) and 5.01(b501(2) of the Indenture; or (iiiii) any default as to which the Property Trustee shall have received written notice or of which a Responsible Officer of the Property Trustee charged with the administration of the Agreement Declaration shall have obtained written or actual knowledgenotice.

Event of Default; Notice. (a) The Property Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default by Guarantor with respect to this Guarantee actually known to a Responsible Officer (or, if later, within 30 days after a Responsible Officer has actual knowledge of the Property Trusteean Event of Default), transmit mail by mail, first class postage prepaid, to the all Holders, the Administrative Trustee and the Sponsor, written notice notices of all such Event Events of Default, unless such Event of Default has defaults have been cured before the giving of such notice; provided , provided, that, except for a in the case of default in the payment of principal of (or premium, if any) or interest on any of the Trust Preferred Securities or the DebenturesGuarantee Payment, the Property 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 Property Trustee in good faith determines that the withholding of such notice is in the interests of the Holders. (b) The Property Guarantee Trustee shall not be deemed to have knowledge of any default except: (i) a default under subparagraph (b) or (c) of the definition "Event of Default" in this Agreement; (ii) a default under Sections 5.01(a) and 5.01(b) of Default unless the Indenture; or (iii) any default as to which the Property Guarantee Trustee shall have received written notice from the Guarantor, or of which a Responsible Officer of the Property Trustee charged with the administration of the Agreement this Guarantee shall have obtained actual knowledge, of such Event of Default.

Event of Default; Notice. (a) The Property Institutional Trustee shall, within 90 days after the occurrence of an Event of Default actually known to a Responsible Officer of the Property TrusteeDefault, transmit by mail, first class postage prepaid, to the HoldersHolders of the Securities, notices of all defaults with respect to the Administrative Trustee and Securities actually known to a Responsible Officer of the Sponsor, written notice of such Event of DefaultInstitutional Trustee, unless such Event of Default has defaults have been cured before the giving of such noticenotice (the term "defaults" for the purposes of this Section 2.07(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 that, except for a default in the payment of principal of (or premium, if any) or interest on any of the Trust Preferred Securities Debentures or in the payment of any sinking fund installment established for the Debentures, the Property Institutional Trustee shall be protected in withholding such notice if and so long as a Responsible Officer of the Property Institutional Trustee in good faith determines that the withholding of such notice is in the interests of the HoldersHolders of the Securities. (b) The Property Institutional Trustee shall not be deemed to have knowledge of any default except: : (i) a default under subparagraph (b) or (c) of the definition "Event of Default" in this Agreement; (ii) a default under Sections 5.01(a501(1), 501(2) and 5.01(b501(3) of the Indenture; or (iii) any default as to which the Property Trustee shall have received written notice or of which a Responsible Officer of the Property Trustee charged with the administration of the Agreement shall have actual knowledge.

Event of Default; Notice. (a) The Property Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default actually known to a Responsible Officer of the Property TrusteeDefault, transmit by mail, first class postage prepaid, to the HoldersCompany (with a copy to the Holders of the Class B Preferred Securities (and, if and for so long as a Trust is the Administrative Trustee and Holder of the SponsorClass B Preferred Securities, written notice also to the Holders of such Event the Trust Securities)), notices of Defaultall Events of Default actually known to a Responsible Officer of the Guarantee Trustee, unless such Event of Default has defaults have been cured before the giving of such notice; provided , provided, that, except for a default in the payment of principal of (or premium, if any) or interest on any of the Trust Preferred Securities or the Debentures, the Property Guarantee Trustee shall be protected in withholding such notice if and so long as a Responsible Officer of the Property 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 Property Guarantee Trustee shall not be deemed to have knowledge of any default except: (i) Event of Default unless a default under subparagraph (b) or (c) Responsible Officer of the definition "Event of Default" in this Agreement; (ii) a default under Sections 5.01(a) and 5.01(b) of the Indenture; or (iii) any default as to which the Property Guarantee Trustee shall have received written notice notice, or of which a Responsible Officer of the Property Guarantee Trustee charged with the administration of the Agreement this Contingent Guarantee shall have obtained actual knowledge, of such Event of Default.