Events of Default; Notice. (a) The Capital Securities Guarantee Trustee shall, within 90 days after the occurrence of a default with respect to this Capital Securities Guarantee, mail by first class postage prepaid, to all Holders, notices of all defaults actually known to a Responsible Officer of the Capital Securities Guarantee Trustee, unless such defaults have been cured before the giving of such notice, provided, that, except in the case of default in the payment of any Guarantee Payment, the 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 Capital Securities Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the holders of the Series A Capital Securities.
Appears in 4 contracts
Samples: Capital Securities Guarantee Agreement (Hubco Inc), Capital Securities Guarantee Agreement (United National Bancorp), Capital Securities Guarantee Agreement (Hubco Inc)
Events of Default; Notice. (a) The Capital Securities Guarantee Trustee shall, within 90 days after the occurrence of a default with respect to this Capital Securities Guarantee, mail by first class postage prepaid, to all Holders, notices of all defaults actually known to a Responsible Officer of the Capital Securities Guarantee Trustee, unless such defaults have been cured before the giving of such notice, provided, that, except in the case of default in the payment of any Guarantee Payment, the 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 Capital Securities Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the holders of the Series A B Capital Securities.
Appears in 3 contracts
Samples: Guarantee Agreement (Unb Capital Trust I), Guarantee Agreement (Hubco Inc), Guarantee Agreement (Hubco Inc)
Events of Default; Notice. (a) The Capital Securities Guarantee Trustee shall, within 90 days after the occurrence of a default with respect to this Capital Securities Guaranteean Event of Default, mail transmit by mail, first class postage prepaid, to all Holdersthe Holders of the Preferred Securities, notices of all defaults 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, providedhowever, that, except in the case of a default in the payment of any 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 Officers responsible officers of the Capital Securities Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the holders Holders of the Series A Capital Preferred Securities.
Appears in 3 contracts
Samples: Preferred Securities Guarantee Agreement (Bear Stearns Companies Inc), Preferred Securities Guarantee Agreement (Bear Stearns Companies Inc), Preferred Securities Guarantee Agreement (Bear Stearns Capital Trust V)
Events of Default; Notice. (a) The Capital Securities Guarantee Trustee shall, within 90 days after the occurrence of a default with respect to this Capital Securities Guarantee, mail by first class postage prepaid, to all Holders, notices an Event of all defaults Default actually known to a Responsible Officer of the Capital Securities Guarantee Trustee, transmit by mail, first class postage prepaid, to the Holders of the HITS, notice of any such Event of Default known to the Guarantee Trustee, unless such defaults have Event of Default has been cured before the giving of such notice, provided, provided that, except in the case of a default in the payment of any 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, committee or a trust committee of directors and/or Responsible Officers of the Capital Securities Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the holders of the Series A Capital SecuritiesHolders.
Appears in 2 contracts
Samples: Hits Guarantee Agreement (Bank of America Corp /De/), Hits Guarantee Agreement (Bank of America Corp /De/)
Events of Default; Notice. (a) The Capital Securities Guarantee Trustee shall, within 90 60 days after the occurrence of a default with respect to this Capital Securities GuaranteeGuarantee Event of Default, mail transmit by mail, first class postage prepaid, to all Holdersthe Holders of the Preferred Securities, notices of all defaults 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, providedhowever, that, except in the case of a default in the payment of any 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 Officers responsible officers of the Capital Securities Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the holders Holders of the Series A Capital Preferred Securities.
Appears in 1 contract
Samples: Guarantee Agreement (Bear Stearns Capital Trust Iv)
Events of Default; Notice. (a) The Capital Securities Guarantee Trustee shall, within 90 days after the occurrence of a default with respect to this Series B Capital 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 defaults actually known to a Responsible Officer of the Capital Securities Guarantee Trustee, Events or Default unless such defaults have been cured before the giving of such notice, provided, that, except in the case of default in the payment of any Guarantee Payment, the 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 Capital Securities Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the holders of the Series A B Capital Securities.
Appears in 1 contract
Samples: Capital Securities Guarantee Agreement (Yardville Capital Trust Ii)