Common use of Knowledge of Trustee Clause in Contracts

Knowledge of Trustee. Notwithstanding the provisions of this Article Twelve or any other provisions of this Indenture, the Trustee shall not be charged with knowledge of the existence of any facts which would prohibit the making of any payment of moneys to or by the Trustee, or the taking of any other action by the Trustee, unless and until the Trustee shall have received written notice thereof, at least one business day prior to the relevant payment date, from the Company, any Holder, any Paying Agent or the holder or representative or any class of Senior Debt.

Appears in 6 contracts

Samples: Indenture (Paper Warehouse Inc), Indenture (PDS Financial Corp), Indenture (PDS Financial Corp)

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Knowledge of Trustee. Notwithstanding the provisions of this Article Twelve or any other provisions provision of this Indenture, the Trustee shall not be charged with knowledge of the existence of any facts which would prohibit the making of any payment of moneys monies to or by the Trustee, or the taking of any other action by the Trustee, unless and Trustee until two Business Days after the Trustee shall have received written notice thereof, at least one business day prior to the relevant payment date, thereof from the CompanyGuarantor, any Holder, Securityholder or any Paying Agent or the holder or representative or of any class of Senior DebtIndebtedness of the Guarantor.

Appears in 6 contracts

Samples: Indenture (Toll Corp), Indenture (Toll Brothers Inc), Toll Brothers Inc

Knowledge of Trustee. Notwithstanding the provisions of this Article Twelve or any other provisions of this Indenture, the Trustee shall not be charged with actual knowledge of the existence of any facts which would prohibit the making of any payment of moneys monies to or by the Trustee, or the taking or not taking of any other action by the Trustee, unless and until two Business Days after the Trustee through a Responsible Officer shall have received written notice thereof, at least one business day prior to the relevant payment date, thereon from the Company, any Holder, Debentureholder or any Paying Agent or the holder or representative or of any class of Senior DebtIndebtedness.

Appears in 6 contracts

Samples: Indenture (Intervest Mortgage Corp), Indenture (Intervest Bancshares Corp), Article Eight (Intervest Corporation of New York)

Knowledge of Trustee. Notwithstanding the provisions of this Article Twelve Fifteen or any other provisions of this Indenture, the Trustee shall not be charged with knowledge of the existence of any facts which would prohibit the making of any payment of moneys monies to or by the Trustee, or the taking of any other action by the Trustee, unless and until the Trustee shall have received written notice thereof, at least one business day prior to the relevant payment date, thereof from the Company, any HolderHolder of the Securities, any Paying Agent paying agent of the Company or the holder or representative or of any class of Senior DebtIndebtedness.

Appears in 6 contracts

Samples: Subordinated Indenture (Southern First Bancshares Inc), Subordinated Indenture (Southern First Bancshares Inc), Entegra Financial Corp.

Knowledge of Trustee. Notwithstanding the any provisions of this Article Twelve or any other provisions of ---------------------- this Indenture, the Trustee shall not be charged with actual knowledge of the existence of any facts which would prohibit the making of any payment of moneys monies to or by the Trustee, or the taking or not taking of any other action by the Trustee, unless and until two Business Days after the Trustee through a Responsible Officer shall have received written notice thereof, at least one business day prior to the relevant payment date, thereon from the Company, any Holder, Debentureholder or any Paying Agent or the holder or representative or of any class of Senior DebtIndebtedness.

Appears in 5 contracts

Samples: Indenture (Intervest Mortgage Corp), Indenture (Intervest Mortgage Corp), Indenture (Intervest Mortgage Corp)

Knowledge of Trustee. Notwithstanding the any provisions of this Article Twelve or any other provisions of -------------------- this Indenture, the Trustee shall not be charged with actual knowledge of the existence of any facts which would prohibit the making of any payment of moneys monies to or by the Trustee, or the taking or not taking of any other action by the Trustee, unless and until two Business Days after the Trustee through a Responsible Officer shall have received written notice thereof, at least one business day prior to the relevant payment date, thereon from the Company, any Holder, Debentureholder or any Paying Agent or the holder or representative or of any class of Senior DebtIndebtedness.

Appears in 5 contracts

Samples: Indenture (Intervest Bancshares Corp), Indenture (Intervest Corporation of New York), Indenture (Intervest Corporation of New York)

Knowledge of Trustee. Notwithstanding the provisions of this Article Twelve Thirteen or any other provisions of this Indenture, the Trustee shall not be charged with knowledge of the existence of any facts which would prohibit the making of any payment of moneys monies to or by the Trustee, or the taking of any other action by the Trustee, unless and until a Responsible Officer of the Trustee shall have received written notice thereof, at least one business day prior to the relevant payment date, thereof from the Company, any HolderHolder of the Securities, any Paying Agent paying agent of the Company or the holder or representative or of any class of Senior DebtIndebtedness.

Appears in 4 contracts

Samples: Subordinated Indenture (Union Bankshares Corp), BNC Bancorp, Eagle Bancorp Inc

Knowledge of Trustee. Notwithstanding the provisions of this Article Twelve or any other provisions provision of this Indenture, the Trustee shall not at any time be charged with knowledge of the existence of any facts which would prohibit the making of any payment of moneys to or by the Trustee, or the taking of any other action under this Indenture by the Trustee, unless and until two Business Days after the Trustee shall have received written notice thereof, at least one business day prior to the relevant payment date, thereof from the Company, any HolderSecurityholder, any Paying Agent or the any holder or representative or any class of Senior DebtIndebtedness or its representative.

Appears in 3 contracts

Samples: CSC Parent Corp, Cablevision Systems Corp, Cablevision Systems Corp

Knowledge of Trustee. Notwithstanding the provisions of this Article Twelve or any other provisions provision of this Indenture, the Trustee shall not be charged with knowledge of the existence of any facts which would prohibit the making of any payment of moneys monies to or by the Trustee, or the taking of any other action by the Trustee, unless and Trustee until two Business Days after the Trustee shall have received written notice thereof, at least one business day prior to the relevant payment date, thereof from the Company, any Holder, Securityholder or any Paying Agent or the holder or representative or of any class of Senior DebtIndebtedness of the Company.

Appears in 3 contracts

Samples: Indenture (Toll Corp), Toll Brothers Inc, Toll Brothers Inc

Knowledge of Trustee. Notwithstanding the provisions of this Article Twelve or any other provisions provision of this Indenture, the Trustee shall not be charged with knowledge of the existence of any facts which would prohibit the making of any payment of moneys monies to or by the Trustee, or the taking of any other action by the Trustee, unless and Trustee until two business days after the Trustee shall have received written notice thereof, at least one business day prior to the relevant payment date, thereof from the Company, any Holder, Securityholder or any Paying Agent or the holder or representative or of any class of Senior DebtIndebtedness of the Company.

Appears in 3 contracts

Samples: Indenture (Toll Brothers Inc), Toll Brothers Inc, Toll Brothers Inc

Knowledge of Trustee. Notwithstanding the any provisions of this Article Twelve or any other provisions -------------------- of this Indenture, the Trustee shall not be charged with actual knowledge of the existence of any facts which would prohibit the making of any payment of moneys monies to or by the Trustee, or the taking or not taking of any other action by the Trustee, unless and until two Business Days after the Trustee through a Responsible Officer shall have received written notice thereof, at least one business day prior to the relevant payment date, thereon from the Company, any Holder, Debentureholder or any Paying Agent or the holder or representative or of any class of Senior DebtIndebtedness.

Appears in 2 contracts

Samples: Indenture (Intervest Mortgage Corp), Indenture (Intervest Corporation of New York)

Knowledge of Trustee. Notwithstanding the any provisions of this Article Twelve or any other provisions of this -------------------- Indenture, the Trustee shall not be charged with actual knowledge of the existence of any facts which would prohibit the making of any payment of moneys monies to or by the Trustee, or the taking or not taking of any other action by the Trustee, unless and until two Business Days after the Trustee through a Responsible Officer shall have received written notice thereof, at least one business day prior to the relevant payment date, thereon from the Company, any Holder, Debentureholder or any Paying Agent or the holder or representative or of any class of Senior DebtIndebtedness.

Appears in 2 contracts

Samples: Indenture (Intervest Corporation of New York), Indenture (Intervest Corporation of New York)

Knowledge of Trustee. Notwithstanding the provisions of this Article Twelve Nine or any other provisions of this Indenture, but subject to Section 6.01, the Trustee shall not be charged with knowledge of the existence of any facts which would prohibit the making of any payment of moneys to or by the Trustee, or the taking of any other action by the Trustee, unless and until the Trustee shall have received written notice thereof, at least one business day prior to the relevant payment date, thereof from the Company, any HolderDebentureholder, any Paying Agent paying agent or the holder or representative or of any class of Senior DebtIndebtedness. Section 9.09.

Appears in 2 contracts

Samples: Mca Financial Corp /Mi/, Mca Financial Corp /Mi/

Knowledge of Trustee. Notwithstanding the provisions of this Article Twelve or any other provisions of this Indenture, the Trustee shall not be charged with knowledge of the existence of any facts which would prohibit the making of any payment of moneys to or by the Trustee, or the taking of any other action by the Trustee, unless and until the Trustee shall have received written notice thereof, at least within one business day prior to the relevant payment date, from the Company, any Holder, any Paying Agent or the holder or representative or any class of Senior Debt.

Appears in 2 contracts

Samples: Indenture (Berthel Fisher & Co Leasing Inc), Indenture (Taylor Investment Corp /Mn/)

Knowledge of Trustee. Notwithstanding the provisions of this Article Twelve or any other provisions provision of this Indenture, the Trustee shall not at any time be charged with knowledge of the existence of any facts which would prohibit the making of any payment of moneys to or by the Trustee, or the taking of any other action under this Indenture by the Trustee, unless and until two Business Days after the Trustee shall have received written notice thereof, at least one business day prior to the relevant payment date, thereof from the Company, any Holder, any Paying Agent or the any holder or representative or any class of Senior DebtIndebtedness or its representative.

Appears in 2 contracts

Samples: Cablevision Systems Corp, CSC Holdings Inc

Knowledge of Trustee. Notwithstanding the provisions of this Article Twelve or any other provisions of this Indenture6, the Trustee shall will not be charged with knowledge of the existence of any facts which that would prohibit the making of any payment of moneys to or by the Trustee, or the taking of any other action by the Trustee, unless and until the Trustee shall have has received written notice thereof, at least one business day prior to the relevant payment date, thereof from the Company, any Holder, any Paying Agent Debentureholder or the holder or representative or of any class of Senior DebtLiabilities.

Appears in 1 contract

Samples: Telesystem International Wireless Inc

Knowledge of Trustee. Notwithstanding the provisions of this Article Twelve or any other provisions of this Indenture7, the Trustee shall will not be charged with knowledge of the existence of any facts which fact that would prohibit the making of any payment of moneys to or by the Trustee, or the taking of any other action by the Trustee, unless and until the Trustee shall have has received written notice thereof, at least one business day prior to the relevant payment date, thereof from the CompanyCorporation, any Holder, Debentureholder or any Paying Agent or the holder or representative or of any class of Senior DebtIndebtedness or on its behalf.

Appears in 1 contract

Samples: Convertible Debenture Indenture

Knowledge of Trustee. Notwithstanding the provisions of this Article Twelve 5 or any other provisions of this the Indenture, the Trustee shall not be charged with knowledge of the existence of any facts which would prohibit the making of any payment of moneys monies to or by the Trustee, or the taking of any other action by the Trustee, unless and until a Responsible Officer of the Trustee shall have received written notice thereof, at least one business day prior to the relevant payment date, thereof from the Company, any HolderHolder of the Subordinated Securities, any Paying Agent paying agent of the Company or the holder or representative or of any class of Senior DebtIndebtedness.

Appears in 1 contract

Samples: First Supplemental Indenture (First Mid Bancshares, Inc.)

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Knowledge of Trustee. Notwithstanding the provisions of this Article Twelve or any other provisions of this Indenture7, the Debenture Trustee shall will not be charged with knowledge of the existence of any facts which that would prohibit the making of any payment of moneys to or by the Debenture Trustee, or the taking of any other action by the Debenture Trustee, unless and until the Debenture Trustee shall have has received written notice thereof, at least one business day prior to the relevant payment date, thereof from the Company, any Holder, Debentureholder or any Paying Agent or the holder or representative of the Series D Notes or any class of Senior DebtSecured Indebtedness.

Appears in 1 contract

Samples: New Gold Inc. /FI

Knowledge of Trustee. Notwithstanding the provisions of this Article Twelve 12 or any other provisions of this Indenture, the Trustee shall not be charged with knowledge of the existence of any facts which would prohibit the making of any payment of moneys to or by the Trustee, or the taking of any other action by the Trusteetrustee, unless and until the Trustee shall have received written notice thereof, at least one business day prior to the relevant payment date, thereof from the Company, any HolderDebentureholder, any Paying Agent paying agent or the holder or representative or any class of Senior DebtIndebtedness.

Appears in 1 contract

Samples: Indenture (Lundgren Bros Construction Inc)

Knowledge of Trustee. Notwithstanding the any provisions of this Article Twelve or any other provisions of this --------------------- Indenture, the Trustee shall not be charged with actual knowledge of the existence of any facts which would prohibit the making of any payment of moneys monies to or by the Trustee, or the taking or not taking of any other action by the Trustee, unless and until two Business Days after the Trustee through a Responsible Officer shall have received written notice thereof, at least one business day prior to the relevant payment date, thereon from the Company, any Holder, Debentureholder or any Paying Agent or the holder or representative or of any class of Senior DebtIndebtedness.

Appears in 1 contract

Samples: Indenture (Intervest Mortgage Corp)

Knowledge of Trustee. Notwithstanding the provisions of this Article Twelve or any other provisions of this Indenture6, the Trustee shall will not be charged with knowledge of the existence of any facts which that would prohibit the making of any payment of moneys to or by the Trustee, or the taking of any other action by the Trustee, unless and until the Trustee shall have has received written notice thereofthereof from or on behalf of the Corporation, at least one business day prior to the relevant payment date, from the CompanyGuarantor, any Holder, Debentureholder or any Paying Agent or the holder or representative or of any class of Senior DebtLiabilities.

Appears in 1 contract

Samples: Amvescap PLC/London/

Knowledge of Trustee. Notwithstanding the provisions of this Article Twelve XV or any other provisions of this Indenture, the Trustee shall not be charged with knowledge of the existence of any facts which would prohibit the making of any payment of moneys monies to or by the Trustee, or the taking of any other action by the Trustee, unless and until a Responsible Officer of the Trustee shall have received written notice thereof, at least one business day prior to the relevant payment date, thereof from the Company, any HolderHolder of the Subordinated Securities, any Paying Agent paying agent of the Company or the holder or representative or of any class of Senior DebtIndebtedness.

Appears in 1 contract

Samples: Franklin Financial Network Inc.

Knowledge of Trustee. Notwithstanding the provisions of this Article Twelve 12 or any other provisions of this Indenture, the Trustee shall not be charged with knowledge of the existence of any facts which would prohibit the making of any payment of moneys to or by the Trustee, or the taking of any other action by the Trustee, unless and until the Trustee shall have received at its principal Corporate Trust Office written notice thereof, at least one business day prior to the relevant payment date, thereof referencing this Indenture from the Company, any Holder, any Paying Agent or the holder or representative or of any class of Senior DebtIndebtedness.

Appears in 1 contract

Samples: Indenture (Code Alarm Inc)

Knowledge of Trustee. Notwithstanding the provisions of this Article Twelve 12 or any other provisions of this Indenture, the Trustee shall not be charged with knowledge of the existence of any facts which would prohibit the making of any payment of moneys to or by the Trustee, or the taking of any other action by the Trustee, unless and until the Trustee shall have received written notice thereof, at least one business day prior to the relevant payment date, thereof from the Company, any Holder, any Paying Agent or the holder or representative or of any class of Senior DebtIndebtedness.

Appears in 1 contract

Samples: Indenture (Meridian Bioscience Inc)

Knowledge of Trustee. Notwithstanding the provisions of this Article Twelve V or any other provisions of this the Indenture, the Trustee shall not be charged with knowledge of the existence of any facts which would prohibit the making of any payment of moneys monies to or by the Trustee, or the taking of any other action by the Trustee, unless and until a Responsible Officer of the Trustee shall have received written notice thereof, at least one business day prior to the relevant payment date, thereof from the Company, any HolderHolder of the Securities, any Paying Agent paying agent of the Company or the holder or representative or of any class of Senior DebtIndebtedness.

Appears in 1 contract

Samples: First Supplemental Indenture (Western Alliance Bancorporation)

Knowledge of Trustee. Notwithstanding the provisions of this Article Twelve or any other provisions provision of this Indenture, the Trustee shall not be charged with knowledge of the existence of any facts which would prohibit the making of any payment of moneys monies to or by the Trustee, or the taking of any other action by the Trustee, unless and until two business days after the Trustee shall have received written notice thereof, at least one business day prior to the relevant payment date, thereof from the Company, any HolderSecurity holder, any Paying or Conversion Agent or the holder or representative or of any class of Senior Debt.

Appears in 1 contract

Samples: Synetic Inc

Knowledge of Trustee. Notwithstanding the provisions of this Article Twelve or any other provisions provision of this Indenture, the Trustee shall not be charged with knowledge of the existence of any facts which would prohibit the making of any payment of moneys to or by the Trustee, or the taking of any other action by the Trustee, unless and until three Business Days after the Trustee shall have received written notice thereof, at least one business day prior to the relevant payment date, thereof from the Company, any HolderSecurityholder, any Paying or Conversion Agent or the holder or representative or of any class of Senior DebtIndebtedness.

Appears in 1 contract

Samples: Richardson Electronics LTD/De

Knowledge of Trustee. Notwithstanding the provisions of this Article Twelve 14 or any other provisions of this Indenture, the Trustee shall not be charged with knowledge of the existence of any facts which would prohibit the making of any payment of moneys monies to or by the Trustee, or the taking of any other action by the Trustee, unless and until a Responsible Officer of the Trustee shall have received written notice thereof, at least one business day prior to the relevant payment date, thereof from the Company, any HolderHolder of the Subordinated Securities, any Paying Agent paying agent of the Company or the holder or representative or of any class of Senior DebtIndebtedness.

Appears in 1 contract

Samples: Indenture (First Busey Corp /Nv/)

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