Common use of Knowledge of Trustee Clause in Contracts

Knowledge of Trustee. Notwithstanding the provisions of this Article or any other provisions of this Indenture, but subject to the provisions of Section 7.1, 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 under this Article Eleven, unless and until the Trustee shall have received written notice thereof, in the manner required by Section 1.5, from the Company, any Debentureholder, any Paying Agent, any Debenture Registrar, or the holder or representative of any class of Senior Indebtedness.

Appears in 4 contracts

Samples: Indenture (Bankatlantic Bancorp Inc), Indenture (Republic Bancshares Inc), Indenture (Republic Bancshares Inc)

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Knowledge of Trustee. Notwithstanding the provisions of this Article or any other provisions of this Indenture, but subject to the provisions of Section 7.16.1, 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 under this Article ElevenX, unless and until the Trustee shall have received written notice thereof, in the manner required by Section 1.5, from the Company, any DebentureholderHolder, any Paying Agent, any Debenture Registrar, Registrar or the holder or representative of any class of Senior Indebtedness.

Appears in 4 contracts

Samples: Levitt Corporation (Levitt Corp), Indenture (Levitt Corp), Indenture (Levitt Corp)

Knowledge of Trustee. Notwithstanding the provisions provision of this Article or any other provisions of this Indenture, but subject the Trustee shall not be deemed to owe any fiduciary duty to the provisions Holders of Section 7.1, the Trustee Senior Indebtedness and 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 under this Article ElevenTrustee, unless and until the Trustee shall have received written notice thereof, in the manner required by Section 1.5, thereof from the Company, any DebentureholderHolder of Securities, any Paying Agent, any Debenture Registrar, Agent of the Company or the holder or representative of any class of Senior Indebtedness.

Appears in 1 contract

Samples: Consumer Portfolio Services Inc

Knowledge of Trustee. Notwithstanding the provisions of this Article or any other provisions of this Indenture, but subject the Trustee shall not be deemed to owe any fiduciary duty to the provisions holders of Section 7.1, the Trustee Senior Indebtedness and 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 under this Article ElevenTrustee, unless and until the Trustee shall have received written notice thereof, in the manner required by Section 1.5, thereof from the Company, any DebentureholderHolder of Notes, any Paying Agent, any Debenture Registrar, Agent of the Company or the holder or representative of any class of Senior Indebtedness.

Appears in 1 contract

Samples: Commercial Federal Corp

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Knowledge of Trustee. Notwithstanding the provisions of this Article Sixteen or any other provisions of this Indenture, but subject to the provisions of Section 7.1, 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 under this Article ElevenTrustee, unless and until the Trustee shall have received written notice thereof, in the manner required by Section 1.5, thereof from the CompanyCompany or the Guarantor, any DebentureholderHolder of the Securities and the Guarantees endorsed thereon, any Paying Agent, any Debenture Registrar, paying or conversion agent of the Company or the Guarantor or the holder or representative of any class of Senior Company Indebtedness.

Appears in 1 contract

Samples: Keystone Financial Mid Atlantic Funding Corp

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