Common use of Knowledge or Notice of Default, Event of Default Clause in Contracts

Knowledge or Notice of Default, Event of Default. The Collateral Agent shall not be deemed to have actual, constructive, direct or indirect knowledge or notice of the occurrence of any Default or Event of Default unless and until the Collateral Agent has received written notice from a Secured Party or the Company referring to applicable Secured Agreement, describing such Default or Event of Default and stating that it is a "notice of default" or a "notice of event of default", setting forth in reasonable detail the facts and circumstances thereof and stating that the Collateral Agent may rely on such notice without further inquiry; provided that if the Collateral Agent hereunder is party to any Secured Agreement, the Collateral Agent shall be deemed to have actual knowledge and notice of the occurrence of any Default or Event of Default under such Secured Agreement if such Collateral Agent, in its capacity as a Secured Party, has actual knowledge of such Default or Event of Default or has declared an Event of Default under such Secured Agreement. The Collateral Agent shall have no obligation or duty prior to or after receiving any such notice to inquire whether a Default or Event of Default has in fact occurred and shall be entitled to conclusively rely, and shall be fully protected in so relying, on any such notice furnished to it.

Appears in 4 contracts

Samples: Intercreditor and Collateral Agency Agreement (Xm Satellite Radio Inc), Intercreditor and Collateral Agency Agreement (Xm Satellite Radio Inc), Intercreditor and Collateral Agency Agreement (Xm Satellite Radio Inc)

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Knowledge or Notice of Default, Event of Default. The Collateral Agent shall not be deemed to have actual, constructive, direct or indirect knowledge or notice of the occurrence of any Default or Event of Default unless and until the Collateral Agent has received written notice from a Secured Party or the Company referring to applicable Secured the Credit Agreement, the Note Agreement, the Additional Facility Documents, or the Collateral Documents, describing such Default or Event of Default and stating that it is a "notice of default" or a "notice of event of default", setting forth in reasonable detail the facts and circumstances thereof and stating that the Collateral Agent may rely on such notice without further inquiry; provided that if BB&T-VA (or any Additional Creditor under a Qualified Replacement Credit Agreement) is the Collateral Agent hereunder is party to any Secured Agreementhereunder, the Collateral Agent shall be deemed to have actual knowledge and notice of the occurrence of any Default or Event of Default (as defined in the Credit Agreement or Qualified Replacement Credit Agreement) under such Secured the Credit Agreement or Qualified Replacement Credit Agreement if BB&T-VA (or such Collateral Agent, in its capacity as a Secured Party, Additional Creditor) has actual knowledge of such Default or Event of Default or has declared an Event of Default under such Secured the Credit Agreement or Qualified Replacement Credit Agreement. The Collateral Agent shall have no obligation or duty prior to or after receiving any such notice to inquire whether a Default or Event of Default has in fact occurred and shall be entitled to conclusively rely, and shall be fully protected in so relying, on any such notice furnished to it.

Appears in 1 contract

Samples: Agency Agreement (Trex Co Inc)

Knowledge or Notice of Default, Event of Default. The Collateral Agent shall not be deemed to have actual, constructive, direct or indirect knowledge or notice of the occurrence of any Default or Event of Default unless and until the Collateral Agent has received written notice from a Secured Party or the Company Debtor referring to applicable Secured the Credit Agreement, the JPMorgan Reimbursement Agreement, or the Collateral Documents, describing such Default or Event of Default and stating that it is a "notice of default" or a "notice of event of default", ,” setting forth in reasonable detail the facts and circumstances thereof and stating that the Collateral Agent may rely on such notice without further inquiry; provided that if BB&T is the Collateral Agent hereunder is party to any Secured Agreementhereunder, the Collateral Agent shall be deemed to have actual knowledge and notice of the occurrence of any Default or Event of Default (as defined in the Credit Agreement) under such Secured the Credit Agreement if such Collateral Agent, in its capacity as a Secured Party, BB&T has actual knowledge of such Default or Event of Default or has declared an Event of Default under such Secured the Credit Agreement. The Collateral Agent shall have no obligation or duty prior to or after receiving any such notice to inquire whether a Default or Event of Default has in fact occurred and shall be entitled to conclusively rely, and shall be fully protected in so relying, on any such notice furnished to it.

Appears in 1 contract

Samples: Security Agreement (Trex Co Inc)

Knowledge or Notice of Default, Event of Default. The Collateral Agent shall not be deemed to have actual, constructive, direct or indirect knowledge or notice of the occurrence of any Default or Event of Default unless and until the Collateral Agent has received written notice from a Secured Party or the Company referring to applicable Secured the Credit Agreement, the Note Agreement or the Collateral Documents, describing such Default or Event of Default and stating that it is a "notice of default" or a "notice of event of default"Default, setting forth in reasonable detail the facts and circumstances thereof and stating that the Collateral Agent may rely on such notice without further inquiry; provided that if the Agent is the Collateral Agent hereunder is party to any Secured Agreementhereunder, the Collateral Agent shall be deemed to have actual knowledge and notice of the occurrence of any Default or Event of Default (as defined in the Credit Agreement) under such Secured the Credit Agreement if such Collateral Agent, in its capacity as a Secured Party, the Agent has actual knowledge of such Default or Event of Default or has declared an Event of Default under such Secured the Credit Agreement. The Collateral Agent shall have no obligation or duty prior to or after receiving any such notice to inquire whether a Default or Event of Default has in fact occurred and shall be entitled to conclusively rely, and shall be fully protected in so relying, on any such notice furnished to it.

Appears in 1 contract

Samples: Note Purchase Agreement (Chalone Wine Group LTD)

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Knowledge or Notice of Default, Event of Default. The Collateral Agent shall not be deemed to have actual, constructive, direct or indirect knowledge or notice of the occurrence of any Default or Event of Default unless and until the Collateral Agent has received written notice from a Secured Party or the Company referring to applicable Secured the Credit Agreement, the Note Agreement, the Additional Facility Documents, or the Collateral Documents, describing such Default or Event of Default and stating that it is a "notice of default" or a "notice of event of default", setting forth in reasonable detail the facts and circumstances thereof and stating that the Collateral Agent may rely on such notice without further inquiry; provided that if BB&T (or any Additional Creditor under a Qualified Replacement Credit Agreement) is the Collateral Agent hereunder is party to any Secured Agreementhereunder, the Collateral Agent shall be deemed to have actual knowledge and notice of the occurrence of any Default or Event of Default (as defined in the Credit Agreement or Qualified Replacement Credit Agreement) under such Secured the Credit Agreement or Qualified Replacement Credit Agreement if BB&T (or such Collateral Agent, in its capacity as a Secured Party, Additional Creditor) has actual knowledge of such Default or Event of Default or has declared an Event of Default under such Secured the Credit Agreement or Qualified Replacement Credit Agreement. The Collateral Agent shall have no obligation or duty prior to or after receiving any such notice to inquire whether a Default or Event of Default has in fact occurred and shall be entitled to conclusively rely, and shall be fully protected in so relying, on any such notice furnished to it.

Appears in 1 contract

Samples: Intercreditor and Collateral Agency Agreement (Trex Co Inc)

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