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Common use of Guarantee Event of Default; Notice Clause in Contracts

Guarantee Event of Default; Notice. (a) The Trust Preferred Guarantee Trustee shall, within 90 days after the occurrence of a Guarantee Event of Default, transmit by mail, first class postage prepaid, to the Holders of the Trust Preferred Securities, notices of all Guarantee Events of Default actually known to a Responsible Officer of the Trust Preferred Guarantee Trustee charged with the administration of this Trust Preferred Securities Guarantee, unless such defaults have been cured before the giving of such notice, provided, that, except in the case of default in any Guarantee Payment, the Trust Preferred Guarantee Trustee shall be protected in withholding such notice if and so long as a Responsible Officer of the Trust Preferred Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders of the Trust Preferred Securities. (b) The Trust Preferred Guarantee Trustee shall not be deemed to have knowledge of any Guarantee Event of Default unless the Trust Preferred Guarantee Trustee shall have received notice thereof from the Guarantor or a Holder, or a Responsible Officer of the Trust Preferred Guarantee Trustee charged with the administration of the Declaration shall have obtained actual knowledge, of such Guarantee Event of Default.

Appears in 5 contracts

Samples: Guarantee Agreement (KBK Capital Trust I), Guarantee Agreement (El Paso Energy Capital Trust I), Guarantee Agreement (El Paso Natural Gas Co)

Guarantee Event of Default; Notice. (a) The Trust Preferred Securities Guarantee Trustee shall, within 90 days after the occurrence of a Guarantee Event of Default, transmit mail by mail, first class postage prepaid, to the Holders of the Trust Preferred Securitiesall Holders, notices of all Guarantee Events of Default actually known to a Responsible Officer of the Trust Preferred Guarantee Trustee charged with the administration of this Trust Preferred Securities GuaranteeOfficer, unless such defaults have been cured before the giving of such notice, ; provided, that, except in the case of default a Guarantee Event of Default in the timing or payment of any Guarantee Payment, the Trust 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 Trust Preferred Securities Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders of the Trust Preferred SecuritiesHolders. (b) The Trust Preferred Securities Guarantee Trustee shall not be deemed to have knowledge of any Guarantee Event of Default unless the Trust Preferred Securities Guarantee Trustee shall have received written notice thereof from the Guarantor or a HolderGuarantor, or a Responsible Officer of the Trust Preferred Guarantee Trustee charged with the administration of the Declaration this Trust Preferred Securities Guarantee shall have obtained actual knowledge, of such Guarantee Event of Default.

Appears in 5 contracts

Samples: Trust Preferred Securities Guarantee Agreement (Vineyard Statutory Trust X), Guarantee Agreement (R&G Capital Trust VIII), Guarantee Agreement (R&g Financial Corp)

Guarantee Event of Default; Notice. (a) The Trust Preferred Guarantee Trustee shall, within 90 days after the occurrence of a an Guarantee Event of DefaultDefault actually known to a Responsible Officer of the Preferred Guarantee Trustee, transmit by mail, first class postage prepaid, to the Holders of the Trust Preferred Securities, notices of all Guarantee such Events of Default actually known to a Responsible Officer of the Trust Preferred Guarantee Trustee charged with the administration of this Trust Preferred Securities GuaranteeDefault, unless such defaults have been cured before the giving of such notice, provided, that, except in the case of default in any Guarantee Payment, the Trust Preferred Guarantee Trustee shall be protected in withholding such notice if and so long as a Responsible Officer of the Trust Preferred Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders of the Trust Preferred Securities. (b) The Trust Preferred Guarantee Trustee shall not be deemed to have knowledge of any Guarantee Event of Default unless the Trust Preferred Guarantee Trustee shall have received notice thereof from the Guarantor or a Holderwritten notice, or of which a Responsible Officer of the Trust Preferred Guarantee Trustee charged with the administration of the Declaration shall have obtained actual knowledge, of such Guarantee Event of Default.

Appears in 2 contracts

Samples: Trust Preferred Securities Guarantee Agreement (CNF Transportation Inc), Trust Preferred Securities Guarantee Agreement (Bay View Capital Corp)

Guarantee Event of Default; Notice. (a) The Trust Preferred Securities Guarantee Agreement Trustee shall, within 90 days after the occurrence of a Guarantee Event of Default, transmit by mail, first class postage prepaid, to the Holders of the Trust Preferred Securities, notices of all Guarantee Events of Default actually known to a Responsible Officer of the Trust Preferred Securities Guarantee Trustee charged with the administration of this Trust Preferred Securities GuaranteeAgreement Trustee, unless such defaults have Guarantee Event of Default has been cured before the giving of such notice, provided, provided that, except in the case of a default in any the payment of a Guarantee Payment, the Trust Preferred Securities Guarantee Agreement 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 Trust Preferred Securities Guarantee Agreement Trustee in good faith determines that the withholding of such notice is in the interests of the Holders of the Trust Preferred Securities. (b) The Trust Preferred Securities Guarantee Agreement Trustee shall not be deemed to have knowledge of any Guarantee Event of Default unless the Trust Preferred Securities Guarantee Agreement Trustee shall have received notice thereof from the Guarantor or a Holderwritten notice, or a Responsible Officer of the Trust Preferred Guarantee Trustee charged with the administration of the Declaration this Trust Preferred Securities Guarantee Agreement shall have obtained actual knowledge, of such Guarantee Event of Default.

Appears in 1 contract

Samples: Trust Preferred Securities Guarantee Agreement (CMS Energy Corp)

Guarantee Event of Default; Notice. (a) The Trust Preferred QUIPS Guarantee Agreement Trustee shall, within 90 days after the occurrence of a Guarantee Event of Default, transmit by mail, first class postage prepaid, to the Holders of the Trust Preferred Capital Securities, notices of all Guarantee Events of Default actually known to a Responsible Officer of the Trust Preferred QUIPS Guarantee Trustee charged with the administration of this Trust Preferred Securities GuaranteeAgreement Trustee, unless such defaults have Guarantee Event of Default has been cured before the giving of such notice, provided, provided that, except in the case of a default in any the payment of a Guarantee Payment, the Trust Preferred QUIPS Guarantee Agreement 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 Trust Preferred QUIPS Guarantee Agreement Trustee in good faith determines that the withholding of such notice is in the interests of the Holders of the Trust Preferred Capital Securities. (b) The Trust Preferred QUIPS Guarantee Agreement Trustee shall not be deemed to have knowledge of any Guarantee Event of Default unless the Trust Preferred QUIPS Guarantee Agreement Trustee shall have received notice thereof from the Guarantor or a Holderwritten notice, or a Responsible Officer of the Trust Preferred Guarantee Trustee charged with the administration of the Declaration this QUIPS Guarantee Agreement shall have obtained actual knowledge, of such Guarantee Event of Default.

Appears in 1 contract

Samples: Guarantee Agreement (Amerus Life Holdings Inc)

Guarantee Event of Default; Notice. (a) The Trust Preferred Guarantee Trustee shall, within 90 days after the occurrence of a Guarantee Event of Default, transmit by mail, first class postage prepaid, to the Holders of the Trust Preferred Securities, notices of all Guarantee Events of Default actually known to a Responsible Officer of the Trust Preferred Guarantee Trustee charged with the administration of this Trust Preferred Securities GuaranteeTrustee, unless such defaults have been cured before the giving of such notice, provided, that, except in provided that the case of default in any Guarantee Payment, the Trust 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 Officer Officers of the Trust Preferred Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders of the Trust Preferred Securities. (b) The Trust Preferred Guarantee Trustee shall not be deemed to have knowledge of any Guarantee Event of Default unless the Trust Preferred Guarantee Trustee shall have received notice thereof from the Guarantor or a Holderwritten notice, or a Responsible Officer of the Trust Preferred Guarantee Trustee charged with the administration of the Declaration shall have obtained actual knowledgewritten notice, of such Guarantee Event of Default. (c) The provisions of Section 315(e) of the Trust Indenture Act shall be excluded from this Guarantee Agreement.

Appears in 1 contract

Samples: Preferred Securities Guarantee Agreement (Pacific Telesis Financing Iii)

Guarantee Event of Default; Notice. (a) The Trust Preferred Guarantee Trustee shall, within 90 days after the occurrence of a Guarantee Event of Default, transmit by mail, first class postage prepaid, to the Holders of the Trust Preferred Securities, notices of all Guarantee Events of Default actually known to a Responsible Officer of the Trust Preferred Guarantee Trustee charged with the administration of this Trust Preferred Securities GuaranteeTrustee, unless such defaults have been cured before the giving of such notice, provided, that, except in the case of default in any Guarantee Payment, the Trust 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 Officer Officers of the Trust Preferred Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders of the Trust Preferred Securities. (b) The Trust Preferred Guarantee Trustee shall not be deemed to have knowledge of any Guarantee Event of Default unless the Trust Preferred Guarantee Trustee shall have received notice thereof from the Guarantor or a Holderwritten notice, or a Responsible Officer of the Trust Preferred Guarantee Trustee charged with the administration of the Declaration shall have obtained actual knowledgewritten notice, of such Guarantee Event of Default.

Appears in 1 contract

Samples: Preferred Securities Guarantee Agreement (Ati Financing Ii)

Guarantee Event of Default; Notice. (a) The Trust Preferred Guarantee Trustee shall, within 90 days after the occurrence of a Guarantee Event of Default, transmit by mail, first class postage prepaid, to the Holders of the Trust Preferred Securities, notices of all Guarantee Events of Default actually known to a Responsible Officer of the Trust Preferred Guarantee Trustee charged with the administration of this Trust Preferred Securities GuaranteeTrustee, unless such defaults have been cured before the giving of such notice, provided, that, except in the case of default in any Guarantee Payment, the Trust 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 Officer Officers of the Trust Preferred Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders of the Trust Preferred Securities. (b) The Trust Preferred Guarantee Trustee shall not be deemed to have knowledge of any Guarantee Event of Default unless the Trust Preferred Guarantee Trustee shall have received notice thereof from the Guarantor or a Holderwritten notice, or a Responsible Officer of the Trust Preferred Guarantee Trustee charged with the administration of the Declaration shall have obtained actual knowledgewritten notice, of such Guarantee Event of Default. (c) The provisions of Section 315(e) of The Trust Indenture Act shall be excluded from this Guarantee Agreement.

Appears in 1 contract

Samples: Preferred Securities Guarantee Agreement (Pacific Telesis Financing Iii)

Guarantee Event of Default; Notice. (a) The Trust Preferred Capital Securities Guarantee Trustee shall, within 90 days five Business Days after the occurrence of a Guarantee Event of Default, transmit by mail, first class postage prepaid, to the Holders of the Trust Preferred Securities, notices of all Guarantee Events of Default is actually known to a Responsible Officer of the Trust Preferred Capital Securities Guarantee Trustee charged with the administration Trustee, mail, by first class postage prepaid, to all Holders, notices of this Trust Preferred Securities Guaranteeall such defaults, 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 Trust 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 Officer Officers of the Trust Preferred Capital Securities Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders of the Trust Preferred Series B Capital Securities. (b) The Trust Preferred Capital Securities Guarantee Trustee shall not be deemed to have knowledge of any Guarantee Event of Default unless the Trust Preferred Capital Securities Guarantee Trustee shall have received written notice thereof from the Guarantor or a Holder, or a Responsible Officer of the Trust Preferred Capital Securities Guarantee Trustee charged with the administration of the Declaration this Capital Securities Guarantee shall have obtained actual knowledge, of such Guarantee Event of Default.

Appears in 1 contract

Samples: Guarantee Agreement (Equitable of Iowa Companies Capital Trust Ii)

Guarantee Event of Default; Notice. (a) The Trust Preferred Securities Guarantee Trustee shall, within 90 days after the occurrence of a Guarantee Event of Default, transmit mail by mail, first class postage prepaid, to the Holders of the Trust Preferred Securitiesall Holders, notices of all Guarantee Events of Default actually known to a Responsible Officer of the Trust Preferred Guarantee Trustee charged with the administration of this Trust Preferred Securities GuaranteeOfficer, unless such defaults de faults have been cured before the giving of such notice, ; provided, that, except in the case of default a Guarantee Event of Default in the timing or payment of any Guarantee Payment, the Trust 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 Trust Preferred Securities Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders of the Trust Preferred SecuritiesHolders. (b) The Trust Preferred Securities Guarantee Trustee shall not be deemed to have knowledge of any Guarantee Event of Default unless the Trust Preferred Securities Guarantee Trustee shall have received written notice thereof from the Guarantor or a HolderGuarantor, or a Responsible Officer of the Trust Preferred Guarantee Trustee charged with the administration of the Declaration this Trust Preferred Securities Guarantee shall have obtained actual knowledge, of such Guarantee Event of Default.

Appears in 1 contract

Samples: Trust Preferred Securities Guarantee Agreement (Local Financial Capital Trust I)

Guarantee Event of Default; Notice. (a) The Trust Preferred Capital Securities Guarantee Agreement Trustee shall, within 90 days after the occurrence of a Guarantee Event of Default, transmit by mail, first class postage prepaid, to the Holders of the Trust Preferred Capital Securities, notices of all Guarantee Events of Default actually known to a Responsible Officer of the Trust Preferred Capital Securities Guarantee Trustee charged with the administration of this Trust Preferred Securities GuaranteeAgreement Trustee, unless such defaults have Guarantee Event of Default has been cured before the giving of such notice, provided, provided that, except in the case of a default in any the payment of a Guarantee Payment, the Trust Preferred Capital Securities Guarantee Agreement 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 Trust Preferred Capital Securities Guarantee Agreement Trustee in good faith determines that the withholding of such notice is in the interests of the Holders of the Trust Preferred Capital Securities. (b) The Trust Preferred Capital Securities Guarantee Agreement Trustee shall not be deemed to have knowledge of any Guarantee Event of Default unless the Trust Preferred Capital Securities Guarantee Agreement Trustee shall have received notice thereof from the Guarantor or a Holderwritten notice, or a Responsible Officer of the Trust Preferred Guarantee Trustee charged with the administration of the Declaration this Capital Securities Guarantee Agreement shall have obtained actual knowledge, of such Guarantee Event of Default.

Appears in 1 contract

Samples: Capital Securities Guarantee Agreement (Ocwen Financial Corp)

Guarantee Event of Default; Notice. (a) The Trust Preferred Capital Securities Guarantee Trustee shall, within 90 days five Business Days after the occurrence of a Guarantee Event of Default, transmit by mail, first class postage prepaid, to the Holders of the Trust Preferred Securities, notices of all Guarantee Events of Default is actually known to a Responsible Officer of the Trust Preferred Capital Securities Guarantee Trustee charged with the administration Trustee, mail, by first class postage prepaid, to all Holders, notices of this Trust Preferred Securities Guaranteeall such defaults, 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 Trust 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 Officer Officers of the Trust Preferred Capital Securities Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders of the Trust Preferred Series A Capital Securities. (b) The Trust Preferred Capital Securities Guarantee Trustee shall not be deemed to have knowledge of any Guarantee Event of Default unless the Trust Preferred Capital Securities Guarantee Trustee shall have received written notice thereof from the Guarantor or a Holder, or a Responsible Officer of the Trust Preferred Capital Securities Guarantee Trustee charged with the administration of the Declaration this Series A Capital Securities Guarantee shall have obtained actual knowledge, of such Guarantee Event of Default.

Appears in 1 contract

Samples: Guarantee Agreement (Equitable of Iowa Companies)

Guarantee Event of Default; Notice. (a) The Trust Preferred QUIPS Guarantee Agreement Trustee shall, within 90 days after the occurrence of a Guarantee Event of Default, transmit by mail, first class postage prepaid, to the Holders of the Trust Preferred Capital Securities, notices of all Guarantee Events of Default actually known to a Responsible Officer of the Trust Preferred QUIPS Guarantee Trustee charged with the administration of this Trust Preferred Securities GuaranteeAgreement Trustee, unless such defaults have Guarantee Event of Default has been cured before the giving of such notice, provided, thatPROVIDED THAT, except in the case of a default in any the payment of a Guarantee Payment, the Trust Preferred QUIPS Guarantee Agreement 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 Trust Preferred QUIPS Guarantee Agreement Trustee in good faith determines that the withholding of such notice is in the interests of the Holders of the Trust Preferred Capital Securities. (b) The Trust Preferred QUIPS Guarantee Agreement Trustee shall not be deemed to have knowledge of any Guarantee Event of Default unless the Trust Preferred QUIPS Guarantee Agreement Trustee shall have received notice thereof from the Guarantor or a Holderwritten notice, or a Responsible Officer of the Trust Preferred Guarantee Trustee charged with the administration of the Declaration this QUIPS Guarantee Agreement shall have obtained actual knowledge, of such Guarantee Event of Default.

Appears in 1 contract

Samples: Guarantee Agreement (Amerus Life Holdings Inc)