Events of Default; Notice. (a) The Preferred Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default that is actually known to the Preferred Guarantee Trustee (or as soon as reasonably practical thereafter), transmit by mail, first class postage prepaid, to the Holders of the Preferred Securities, notices of all Events of Default actually known to the Preferred Guarantee Trustee, unless such defaults have been cured before the giving of such notice; PROVIDED, HOWEVER, that the Preferred Guarantee Trustee shall be protected in withholding such notice if and so long as the board of directors, the executive committee, or a trust committee of directors and/or Responsible Officers of the Preferred Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders of the Preferred Securities. (b) The Preferred Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless the Preferred Guarantee Trustee shall have received actual knowledge, or a Responsible Officer charged with the administration of the Declaration shall have obtained written notice, of such Event of Default.
Appears in 7 contracts
Samples: Preferred Securities Guarantee Agreement (Circus Finance Ii), Preferred Securities Guarantee Agreement (Xl Capital LTD), Preferred Securities Guarantee Agreement (Circus Finance Ii)
Events of Default; Notice. (a) The Preferred Capital Securities Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default that is actually known a default with respect to the Preferred Guarantee Trustee (or as soon as reasonably practical thereafter)this Capital Securities Guarantee, transmit mail by mail, first class postage prepaid, to the Holders of the Preferred Securitiesall Holders, notices of all Events of Default defaults actually known to a Responsible Officer of the Preferred Capital Securities Guarantee Trustee, unless such defaults have been cured before the giving of such notice; PROVIDED, HOWEVERprovided, that that, except in the Preferred case of default in the payment of any Guarantee Payment, the Capital Securities Guarantee Trustee shall be protected in withholding such notice if and so long as the board of directors, the executive committee, or a trust committee of directors and/or Responsible Officers of the Preferred Capital Securities Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders holders of the Preferred Series A Capital Securities.
(b) The Preferred Capital Securities Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless the Preferred Capital Securities Guarantee Trustee shall have received actual knowledgewritten notice from the Guarantor, or a Responsible Officer of the Capital Securities Guarantee Trustee charged with the administration of the Declaration shall have obtained written noticeactual knowledge, of such Event of Default.
Appears in 4 contracts
Samples: Capital Securities Guarantee Agreement (Hubco Inc), Capital Securities Guarantee Agreement (Hubco Inc), Capital Securities Guarantee Agreement (United National Bancorp)
Events of Default; Notice. (a) The Preferred Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default that is actually known to the Preferred Guarantee Trustee (or as soon as reasonably practical thereafter), transmit by mail, first class postage prepaid, to the Holders of the Preferred Securities, notices of all Events of Default actually known to the Preferred Guarantee Trustee, unless such defaults have been cured before the giving of such notice; PROVIDEDprovided, HOWEVERhowever, that the Preferred Guarantee Trustee shall be protected in withholding such notice if and so long as the board of directors, the executive committee, or a trust committee of directors and/or Responsible Officers of the Preferred Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders of the Preferred Securities.
(b) The Preferred Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless the Preferred Guarantee Trustee shall have received actual knowledge, or a Responsible Officer charged with the administration of the Declaration shall have obtained written notice, of such Event of Default.
Appears in 3 contracts
Samples: Preferred Securities Guarantee Agreement (Coastal Corp), Preferred Securities Guarantee Agreement (Coastal Corp), Preferred Securities Guarantee Agreement (Coastal Corp)
Events of Default; Notice. (a) The Preferred Capital Securities Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default that is actually known a default with respect to the Preferred Guarantee Trustee (or as soon as reasonably practical thereafter)this Capital Securities Guarantee, transmit mail by mail, first class postage prepaid, to the Holders of the Preferred Securitiesall Holders, notices of all Events of Default defaults actually known to a Responsible Officer of the Preferred Capital Securities Guarantee Trustee, unless such defaults have been cured before the giving of such notice; PROVIDED, HOWEVERprovided, that that, except in the Preferred case of default in the payment of any Guarantee Payment, the Capital Securities Guarantee Trustee shall be protected in withholding such notice if and so long as the board of directors, the executive committee, or a trust committee of directors and/or Responsible Officers of the Preferred Capital Securities Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders holders of the Preferred Series B Capital Securities.
(b) The Preferred Capital Securities Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless the Preferred Capital Securities Guarantee Trustee shall have received actual knowledgewritten notice from the Guarantor, or a Responsible Officer of the Capital Securities Guarantee Trustee charged with the administration of the Declaration shall have obtained written noticeactual knowledge, of such Event of Default.
Appears in 3 contracts
Samples: Capital Securities Guarantee Agreement (Hubco Inc), Capital Securities Guarantee Agreement (Unb Capital Trust I), Capital Securities Guarantee Agreement (Hubco Inc)
Events of Default; Notice. (a) The Preferred Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default that is actually known to the Preferred Guarantee Trustee (or as soon as reasonably practical thereafter)Default, transmit by mail, first class postage prepaid, to the Holders of the Preferred Securities, notices of all Events of Default actually known to the Preferred Guarantee Trustee, unless such defaults have been cured before the giving of such notice; PROVIDED, HOWEVERprovided, that the Preferred Guarantee Trustee shall be protected in withholding such notice if and so long as the board of directors, the executive committee, or a trust committee of directors and/or Responsible Officers of the Preferred Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders of the Preferred Securities.
(b) The Preferred Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless except any Event of Default as to which the Preferred Guarantee Trustee shall have received actual knowledge, written notice or a Responsible Officer charged with the administration of the Declaration shall have obtained written notice, of such Event of Default.
Appears in 3 contracts
Samples: Preferred Securities Guarantee Agreement (Fleetwood Capital Trust Iii), Preferred Securities Guarantee Agreement (Fleetwood Enterprises Inc/De/), Preferred Securities Guarantee Agreement (Fleetwood Capital Trust Iii)
Events of Default; Notice. (a) The Preferred Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default that is actually known to the Preferred Guarantee Trustee (or as soon as reasonably practical thereafter), transmit by mail, first class postage prepaid, to the Holders of the Preferred Securities, notices of all Events of Default actually known to the Preferred Pre- ferred Guarantee Trustee, unless such defaults have been cured before the giving of such notice; PROVIDED, HOWEVER, that the Preferred Guarantee Trustee shall be protected in withholding such notice if and so long as the board of directors, the executive committee, or a trust committee of directors and/or Responsible Officers of the Preferred Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders of the Preferred Securities.
(b) The Preferred Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless the Preferred Guarantee Trustee shall have received actual knowledge, or a Responsible Officer charged with the administration of the Declaration shall have obtained written notice, of such Event of Default.
Appears in 2 contracts
Samples: Preferred Securities Guarantee Agreement (Xl Capital LTD), Preferred Securities Guarantee Agreement (Xl Capital LTD)
Events of Default; Notice. (a) The Preferred Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default that is actually known to the Preferred Guarantee Trustee (or as soon as reasonably practical thereafter), transmit by mail, first class postage prepaid, to the Holders of the Preferred Securities, notices of all Events of Default actually known to the Preferred Guarantee Trustee, unless such defaults have been cured before the giving of such notice; PROVIDEDprovided, HOWEVERhowever, that the Preferred Guarantee Trustee shall be protected in withholding such notice if and so long as the board of directors, the executive committee, or a trust committee of directors and/or Responsible Officers of the Preferred Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders of the Preferred Securities.
(b) The Preferred Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless the Preferred Guarantee Trustee shall have received actual knowledge, or a Responsible Officer charged with the administration of the Declaration shall have obtained written notice, of such Event of Default.
Appears in 2 contracts
Samples: Preferred Securities Guarantee Agreement (Xl Capital LTD), Preferred Securities Guarantee Agreement (Delphi Financial Group Inc/De)
Events of Default; Notice. (a) The Preferred Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default that is actually known to the Preferred Guarantee Trustee (or as soon as reasonably practical thereafter), transmit by mail, first class postage prepaid, to the Holders of the Preferred Pre- ferred Securities, notices of all Events of Default actually known to the Preferred Guarantee Trustee, unless such defaults have been cured before the giving of such notice; PROVIDED, HOWEVER, that the Preferred Guarantee Trustee shall be protected in withholding such notice if and so long as the board of directors, the executive committee, or a trust committee of directors and/or Responsible Officers of the Preferred Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders of the Preferred Securities.
(b) The Preferred Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless the Preferred Guarantee Trustee shall have received actual knowledge, or a Responsible Officer charged with the administration of the Declaration shall have obtained written notice, of such Event of Default.
Appears in 1 contract
Samples: Preferred Securities Guarantee Agreement (Xl Capital LTD)
Events of Default; Notice. (a) The Preferred Capital Securities Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default that is actually known to the Preferred Capital Securities Guarantee Trustee (or as soon as reasonably practical thereafter), transmit by mail, first class postage prepaid, to the Holders of the Preferred Capital Securities, notices of all Events of Default actually known to the Preferred Capital Securities Guarantee Trustee, unless such defaults have been cured before the giving of such notice; PROVIDED, HOWEVER, that the Preferred 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 Officers of the Preferred Capital Securities Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders of the Preferred Capital Securities.
(b) The Preferred Capital Securities Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless the Preferred Capital Securities Guarantee Trustee shall have received actual knowledge, or a Responsible Officer charged with the administration of the Declaration shall have obtained written notice, of such Event of Default.
Appears in 1 contract
Samples: Capital Securities Guarantee Agreement (MDC Holdings Inc)