Common use of Notice of Defaults Clause in Contracts

Notice of Defaults. Within 90 days after actual knowledge by a Responsible Officer of the Trustee of the occurrence of any default hereunder with respect to the Securities of any series, the Trustee shall transmit by mail to all Holders of Securities of such series, as their names and addresses appear in the Securities Register, notice of such default, unless such default shall have been cured or waived; provided, however, that, except in the case of a default in the payment of the principal of (or premium, if any) or interest (including any Additional Interest) on any Security of such series, the 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 Trustee in good faith determines that the withholding of such notice is in the interests of the Holders of Securities of such series; and provided, further, that, in the case of any default of the character specified in Section 5.1(3), no such notice to Holders of Securities of such series shall be given until at least 30 days after the occurrence thereof. For the purpose of this Section, the term "

Appears in 34 contracts

Samples: Indenture (Bankamerica Corp/De/), Indenture (Bank of New York Co Inc), Trust Agreement (Usf&g Corp)

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Notice of Defaults. Within 90 days after actual knowledge by a Responsible Officer of the Trustee of the occurrence of any default hereunder with respect to the Securities of any series, the Trustee shall transmit by mail to all Holders of Securities Securityholders of such series, as their names and addresses appear in the Securities Security Register, notice of such defaultall defaults hereunder known to the Trustee, unless such default shall have been cured or waived; provided, however, that, except in the case of a default in the payment of the principal of (or premium, if any) or interest (including any Additional Interest) on any Security of such series or in the payment of any sinking or purchase fund installment or analogous obligation with respect to Securities of such series, the 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 Trustee in good faith determines determine that the withholding of such notice is in the interests of the Holders of Securities Securityholders of such series; and provided, further, that, that in the case of any default of the character specified in Section 5.1(3), 5.0 1(4) with respect to Securities of such series no such notice to Holders of Securities Securityholders of such series shall be given until at least 30 90 days after the occurrence thereof. For the purpose of this Section, the term "“default”, with respect to Securities of any series, means any event which is, or after notice or lapse of time or both would become, an Event of Default with respect to Securities of such series.

Appears in 22 contracts

Samples: Indenture (Armour Residential REIT, Inc.), Indenture (Bitfarms LTD), Indenture (Armour Residential REIT, Inc.)

Notice of Defaults. Within 90 days after actual knowledge by a Responsible Officer of the Trustee of the occurrence of any default Default hereunder with respect to the Securities of any series, the Trustee shall transmit by mail to all Holders of Securities of such series, as their names and addresses appear in the Securities Registermanner and to the extent provided in TIA Section 313(c), notice of such defaultdefault hereunder known to the Trustee, unless such default Default shall have been cured or waived; provided, however, that, except in the case of a default Default in the payment of the principal of (or premium, if any) or interest (including any Additional Interest) interest, if any, on any Security of such series or in the payment of any sinking fund installment with respect to Securities of such series, the 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 Trustee in good faith determines determine that the withholding of such notice is in the interests interest of the Holders of Securities of such seriesseries and any related coupons; and provided, further, that, provided further that in the case of any default Default of the character specified in Section 5.1(3)501(4) with respect to Securities of such series, no such notice to Holders of Securities of such series shall be given until at least 30 days after the occurrence thereof. For the purpose of this Section, the term ".

Appears in 11 contracts

Samples: Indenture (New Gold Inc. /FI), Indenture (Field Trip Health Ltd.), Indenture (Osisko Gold Royalties LTD)

Notice of Defaults. Within 90 days after actual knowledge by a Responsible Officer of the Trustee of the occurrence of any default hereunder with respect to the Securities of any series, the Trustee shall transmit by mail to all Holders of Securities of such series, as their names and addresses appear in the Securities Security Register, notice of such defaultdefault hereunder known to the Trustee, unless such default shall have been cured or waived; provided, however, that, except in the case of a default in the payment of the principal of (or premiumprincipal, if any) premium or interest (including any Additional Interest) on any Security of such series or in the payment of any mandatory sinking fund installment with respect to the Securities of such series, the 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 the board of directors and/or Responsible Officers of the Trustee in good faith determines determine that the withholding of such notice is in the interests of the Holders of the Securities of such series; and provided, further, that, that in the case of any default of the character specified in Section 5.1(3), 5.01(4) with respect to the Securities of such series no such notice to Holders of Securities of such series shall be given until at least 30 60 days after the occurrence thereof. For the purpose of this Section, the term "

Appears in 9 contracts

Samples: Indenture (Midamerican Energy Co), Indenture (Midamerican Energy Co), Indenture (Midamerican Energy Co)

Notice of Defaults. Within 90 days after actual knowledge by a Responsible Officer of the Trustee of the occurrence of any default hereunder with respect to the Securities of any series, the Trustee shall transmit by mail to all Holders of Securities of such series, as their names and addresses appear in the Securities Register, notice of such default, unless such default shall have been cured or waived; provided, however, that, except in the case of a default in the payment of the principal of (or premium, if any) or interest (including any Additional Interest) on any Security of such series, the 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 Trustee in good faith determines that the withholding of such notice is in the interests of the Holders of Securities of such series; and provided, provided further, that, in the case of any default of the character specified in Section 5.1(3), no such notice to Holders of Securities of such series shall be given until at least 30 days after the occurrence thereof. For the purpose of this Section, the term "

Appears in 8 contracts

Samples: First Citizens Bancshares Inc /De/, Jeffbanks Inc, First Empire State Corp

Notice of Defaults. Within 90 days after actual knowledge by a Responsible Officer of the Trustee of the occurrence of any default hereunder with respect to the Securities of any series, the Trustee shall transmit by mail to all Holders of Securities of such series, as their names and addresses appear in the Securities Security Register, notice of such defaultdefault hereunder known to the Trustee, unless such default shall have been cured or waived; provided, provided however, that, except in the case of a default in the payment of the principal of (or premium, if any) or interest (including any Additional Interest) on any Security of such series or in the payment of any sinking fund installment with respect to Securities of such series, the 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 Trustee in good faith determines determine that the withholding of such notice is in the interests interest of the Holders of Securities of such series; and provided, further, that, that in the case of any default of the character specified in Section 5.1(3)501(4) with respect to Securities of such series, no such notice to Holders of Securities of such series shall be given until at least 30 days after the occurrence thereof. For the purpose of this Section, the term "

Appears in 7 contracts

Samples: Indenture (Jostens Inc), Indenture (Deluxe Corp), Article Seven (Pentair Inc)

Notice of Defaults. Within 90 days after actual knowledge by a Responsible Officer of the Trustee of the occurrence of any default hereunder with respect to the Debt Securities of any particular series, the Trustee shall transmit by mail to all Holders of for the Debt Securities of such series shall give to Holders of Debt Securities of that series, as their names and addresses appear in the Securities Registermanner set forth in Section 1.6, notice of such defaultdefault known to such Trustee, unless such default shall have been cured or waived; provided, however, that, except in the case of a default in the payment of the principal of (or premium, if any) or interest (including any Additional Interest) interest, if any, on any Debt Security of such that series, or in the deposit of any sinking fund payment with respect to Debt Securities of that series, such 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 such Trustee in good faith determines that the withholding of such notice is in the interests interest of the Holders of Debt Securities of such that series; and provided, further, that, that in the case of any default of the character specified in Section 5.1(3), ) with respect to Debt Securities of that series no such notice to Holders of Securities of such series shall be given until at least 30 60 days after the occurrence thereof. For the purpose of this Section, the term "

Appears in 7 contracts

Samples: American Financial Group Inc, Provident Capital Trust Iv, American Annuity Group Inc

Notice of Defaults. Within 90 days after actual knowledge by a Responsible Officer of the Trustee of the occurrence of any default hereunder with respect to the Securities of any series, the Trustee shall transmit by mail to all Holders of Securities of such series, as their names and addresses appear in the Securities Register, notice of such default, unless such default shall have been cured or waived; provided, however, that, except in the case of a default in the payment of the principal of (or premium, if any) or interest (including any Additional Interest) on any Security of such series, the 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 Trustee in good faith determines that the withholding of such notice is in the interests of the Holders of Securities of such series; and provided, further, that, in the case of any default of the character specified in Section 5.1(35.1(c), no such notice to Holders of Securities of such series shall be given until at least 30 days after the occurrence thereof. For the purpose of this Section, the term "

Appears in 6 contracts

Samples: Scana Corp, Downey Financial Corp, Sce&g Trust I

Notice of Defaults. Within 90 days after actual knowledge by a Responsible Officer of the Trustee of the occurrence of any default hereunder with respect to the Securities of any series, the Trustee shall transmit by mail to all Holders of Securities of such seriestransmit, as their names and addresses appear in the Securities Registermanner and to the extent provided in Section 313(c) of the Trust Indenture Act, notice of all such defaultdefaults hereunder known to the Trustee, unless such default shall have been cured or waived; provided, however, that, except in the case of a default in the payment of the principal of (or premium, if any) or interest (including any Additional Interest) on any Security of such series or in the payment of any sinking fund installment with respect to Securities of such series, the 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 or Responsible Officers of the Trustee in good faith determines determine that the withholding of such notice is in the interests interest of the Holders of Securities of such series; and provided, further, that, that in the case of any default of the character specified in Section 5.1(3)501(4) with respect to Securities of such series, no such notice to Holders of Securities of such series shall be given until at least 30 days after the occurrence thereof. For the purpose of this Section, the term "

Appears in 6 contracts

Samples: Indenture (Nipsco Industries Inc), Indenture (Nipsco Industries Inc), American Water Capital Corp

Notice of Defaults. Within 90 days after actual knowledge by a Responsible Officer of the Trustee of the occurrence of any default hereunder with respect to the Securities of any series, the Trustee shall transmit by mail to all Holders of Securities of such series, as their names and addresses appear in the Securities Security Register, notice of such defaultdefault hereunder known to the Trustee, unless such default Default shall have been cured or waived; provided, however, that, except in the case of a default Default in the payment of the principal of (or premium, if any) any premium or interest (including any Additional Interest) on any Security of such series or in the payment of any sinking fund installment with respect to Securities of such series, the 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 Trustee in good faith determines determine that the withholding of such notice is in the interests interest of the Holders of Securities of such series; and and, provided, further, that, that in the case of any default Default of the character specified in Section 5.1(3)) with respect to Securities of such series, no such notice to Holders of Securities of such series shall be given until at least 30 90 days after the occurrence thereof. For the purpose of this Section, the term ".

Appears in 5 contracts

Samples: Cornell Abraxas Group, Inc., Weatherford International Inc /New/, Weatherford International Inc /New/

Notice of Defaults. Within 90 days after actual knowledge by a Responsible Officer of the Trustee of the occurrence of any default hereunder with respect to the Securities of any series, the Trustee shall transmit by mail to all Holders of Securities of such series, as their names and addresses appear in the Securities Register, notice of such default, unless such default shall have been cured or waived; providedPROVIDED, howeverHOWEVER, that, except in the case of a default in the payment of the principal of (or premium, if any) or interest (including any Additional Interest) on any Security of such series, the 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 Trustee in good faith determines that the withholding of such notice is in the interests of the Holders of Securities of such series; and provided, furtherPROVIDED FURTHER, that, in the case of any default of the character specified in Section 5.1(3), no such notice to Holders of Securities of such series shall be given until at least 30 days after the occurrence thereof. For the purpose of this Section, the term "

Appears in 5 contracts

Samples: Fidbank Capital Trust I, Fidelity Bancshares Nc Inc /De/, MBNK Capital Trust I

Notice of Defaults. Within 90 days after actual knowledge by a Responsible Officer of the Trustee of the occurrence of any default hereunder with respect to the Securities of any series, the Trustee shall transmit by mail to all Holders of Securities of such series, as their names and addresses appear in the Securities Register, notice of such default, unless such default shall have been cured or waived; provided, however, that, except in the case of a default in the payment of the principal of (or and premium, if any) or interest (including any Additional Interest, if any) on any Security of such series, the 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 Trustee in good faith determines that the withholding of such notice is in the interests of the Holders of Securities of such series; and provided, provided further, that, in the case of any default of the character specified in Section 5.1(3), no such notice to Holders of Securities of such series shall be given until at least 30 days after the occurrence thereof. For the purpose of this Section, the term "

Appears in 5 contracts

Samples: Southern Community Bancshares Inc /Ga, Florida Community Banks Inc, CCF Holding Co

Notice of Defaults. Within 90 days after actual knowledge by a Responsible Officer of the Trustee of the occurrence of any default hereunder with respect to the Securities of any series, the Trustee shall transmit by mail to all Holders of Securities of such series, as their names and addresses appear in the Securities Registerseries entitled to receive reports pursuant to Section 703(3), notice of such defaultdefault hereunder known to the Trustee, unless such default shall have been cured or waived; provided, however, that, except in the case of a default in the payment of the principal of (or premium, if any) ), or interest (including interest, if any, on, or Additional Amounts or any Additional Interest) on sinking fund installment with respect to, any Security of such series, the 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 Trustee in good faith determines determine that the withholding of such notice is in the interests best interest of the Holders of Securities and Coupons of such series; and provided, further, that, that in the case of any default of the character specified in Section 5.1(3)501(4) or 501(7) with respect to Securities of such series, no such notice to Holders of Securities of such series shall be given until at least 30 days after the occurrence thereof. For the purpose of this Section, the term "

Appears in 4 contracts

Samples: Bay View Capital Corp, Bay View Capital I, Bay View Capital Corp

Notice of Defaults. Within 90 days after actual knowledge by a Responsible Officer of the Trustee of the occurrence of any default Default hereunder with respect to the Securities of any series, the Trustee shall transmit by mail to all Holders of Securities of such series, as their names and addresses appear in the Securities Registermanner and to the extent provided in TIA Section 313(c), notice of such defaultdefault hereunder known to the Trustee, unless such default Default shall have been cured or waived; provided, however, that, except in the case of a default Default in the payment of the principal of (or premium, if any) or interest (including any Additional Interest) interest, if any, on any Security of such series or in the payment of any sinking fund installment with respect to Securities of such series, the 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 Trustee in good faith determines determine that the withholding of such notice is in the interests interest of the Holders of Securities of such seriesseries and any related coupons; and provided, further, that, provided further that in the case of any default Default of the character specified in Section 5.1(3)5.1(1)(d) with respect to Securities of such series, no such notice to Holders of Securities of such series shall be given until at least 30 days after the occurrence thereof. For the purpose of this Section, the term ".

Appears in 4 contracts

Samples: Indenture (Valens Company, Inc.), Indenture (Cardiol Therapeutics Inc.), Indenture (VIQ Solutions Inc.)

Notice of Defaults. Within 90 days after actual knowledge by a Responsible Officer of the Trustee of the occurrence of any default Default hereunder with respect to the Securities of any series, the Trustee shall transmit by mail to all Holders of Securities of such seriesHolders, as their names and addresses appear in the Securities Security Register, notice of such defaultdefault hereunder known to the Trustee, unless such default Default shall have been cured or waived; provided, however, that, except in the case of a default in the payment of the principal of (or premium, if any) or interest (including any Additional Interest) interest, if any, on any Security of such series or in the payment of any sinking fund installment with respect to Securities of such series, the 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 Trustee in good faith determines that the withholding of such notice is in the interests interest of the Holders of Securities of such series; and provided, further, that, provided further that in the case of any default or breach of the character specified in Section 5.1(3)501(3) with respect to Securities of such series, no such notice to Holders of Securities of such series shall be given until at least 30 days after the occurrence thereof. For the purpose of this Section, the term ".

Appears in 4 contracts

Samples: Indenture (Oneok Inc /New/), Indenture (Oneok Inc /New/), Oneok Inc /New/

Notice of Defaults. Within 90 The Trustee shall, within ninety days after actual knowledge by a Responsible Officer of the Trustee of the occurrence of any a default hereunder with respect to the Securities of any series, the Trustee shall transmit by mail to all Holders holders of Securities of such series, as their names and addresses appear in the Securities Registerthat series entitled to receive reports pursuant to Section 9.03, notice of such defaultall defaults with respect to that series known to the Trustee, unless such default defaults shall have been cured or waivedbefore the giving of such notice; provided, however, that, except in the case of a default in the payment of the principal of (or of, premium, if any) , or interest (including any Additional Interest) on any Security of the Securities of such series or in the making of any sinking fund payment with respect to such series, the Trustee shall be protected in withholding such notice if and so long as the board of directorsdirectors or trustees, the executive committee committee, or a trust committee of directors and/or or trustees or Responsible Officers of the Trustee in good faith determines that the withholding of such notice is in the interests of the Holders holders of Securities of such series; and provided, further, that, in the case of any default of the character specified in Section 5.1(3), no such notice to Holders of Securities of such series shall be given until at least 30 days after the occurrence thereof. For the purpose of this Section, the term "default" means any event which is, or after notice or lapse of time or both would become, an event of default hereunder. ARTICLE ELEVEN

Appears in 4 contracts

Samples: Finova Group Inc, Finova Group Inc, Finova Group Inc

Notice of Defaults. Within 90 days after actual knowledge by a Responsible Officer of the Trustee of the occurrence of any default hereunder with respect to the Securities of any series, the Trustee shall transmit by mail to all Holders of Securities of such series, as their names and addresses appear in the Securities Register, notice of such default, unless such default shall have been cured or waived; provided, however, that, except in the case of a default in the payment of the principal of (or premium, if any) or interest (including any Additional Interest) on any Security of such series, the 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 Trustee in good faith determines that the withholding of such notice is in the interests of the Holders of Securities of such series; and providedprovided further, furtherhowever, that, in the case of any default of the character specified in Section 5.1(3), no such notice to Holders of Securities of such series shall be given until at least 30 days after the occurrence thereof. For the purpose of this SectionSection 6.2, the term "

Appears in 4 contracts

Samples: Indenture (Centura Banks Inc), Bt Preferred Capital Trust Iv, First Hawaiian Capital I

Notice of Defaults. Within 90 days after actual knowledge receipt by a Responsible Officer of the Trustee of written notice of the occurrence of any default hereunder with respect to the Securities of any series, series the Trustee shall transmit by mail to all Holders of Securities of such series, as their names and addresses appear in the Securities Registermanner and to the extent provided in Section 7.03(d), notice of such defaultdefault hereunder known to the Trustee, unless such default shall have been cured or waived; provided, however, that, except in the case of a default in the payment of the principal of (or premium, if any) or interest (including any Additional Interest) on any Security of such series or in the payment of any sinking fund installment with respect to Securities of such series, the 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 or Responsible Officers of the Trustee in good faith determines determine that the withholding of such notice is in the interests interest of the Holders of Securities of such series; and provided, further, that, that in the case of any default of the character specified in Section 5.1(3)5.01(d) with respect to Securities of such series, no such notice to Holders of Securities of such series shall be given until at least 30 days after the occurrence thereof. For the purpose of this Section, the term "

Appears in 4 contracts

Samples: Indenture (Masco Corp /De/), Indenture (Masco Corp /De/), R H Donnelley Corp

Notice of Defaults. Within 90 days after actual knowledge by a Responsible Officer of the Trustee of the occurrence of any default hereunder with respect to the Securities of any seriesSecurities, the Trustee shall transmit by mail to all Holders of Securities of such seriesHolders, as their names and addresses appear in the Securities Register, notice of such defaultdefault hereunder known to the Trustee, unless such default shall have been cured or waived; provided, however, that, except in the case of a default in the payment of the principal of (or premium, if any) or interest (including any Additional InterestSums and Additional Amounts, if any) on any Security of such seriesSecurity, the 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 Trustee in good faith determines that the withholding of such notice is in the interests of the Holders of Securities of such seriesHolders; and provided, further, that, in the case of any default of the character specified in Section 5.1(3), no such notice to Holders of Securities of such series shall be given until at least 30 days after the occurrence thereof. For the purpose of this Section, the term "

Appears in 4 contracts

Samples: Fresenius National Medical Care Holdings Inc, Fresenius National Medical Care Holdings Inc, Fresenius Medical Care Corp

Notice of Defaults. Within 90 days after actual knowledge by a Responsible Officer of the Trustee of the occurrence of any default hereunder with respect to the Securities of any series, the Trustee shall transmit by mail to all Holders of Securities of such series, as their names and addresses appear in the Securities Security Register, notice of such defaultdefault hereunder known to the Trustee, unless such default shall have been cured or waived; provided, however, that, except in the case of a default in the payment of the principal of (or premium, if any) or interest (including any Additional Interest) on any Security of such series or in the payment of any sinking fund instalment with respect to Securities of such series, the 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 or Responsible Officers of the Trustee in good faith determines determine that the withholding of such notice is in the interests interest of the Holders of Securities of such series; and provided, further, that, that in the case of any default of the character specified in Section 5.1(3)501(4) with respect to Securities of such series, no such notice to Holders of Securities of such series shall be given until at least 30 days after the occurrence thereof. For the purpose of this Section, the term "

Appears in 4 contracts

Samples: Indenture (Mead Corp), Indenture (Inco LTD), Indenture (Georgia Pacific Corp)

Notice of Defaults. Within 90 days after actual knowledge by a Responsible Officer of the Trustee of the occurrence of any default hereunder with respect to the Securities of any series, the Trustee shall transmit by mail to all Holders of Securities of such series, as their names and addresses appear in the Securities Registerseries entitled to receive reports pursuant to Section 703(3), notice of such defaultdefault hereunder known to the Trustee, unless such default shall have been cured or waived; provided, however, that, except in the case of a default in the payment of the principal of (or premium, if any) ), or interest (including interest, if any, on, or Additional Amounts or any Additional Interest) on sinking fund installment with respect to, any Security of such series, the 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 Trustee in good faith determines determine that the withholding of such notice is in the interests best interest of the Holders of Securities and Coupons of such series; and provided, further, that, that in the case of any default of the character specified in Section 5.1(3)501(4) or 501(8) with respect to Securities of such series, no such notice to Holders of Securities of such series shall be given until at least 30 days after the occurrence thereof. For the purpose of this Section, the term "

Appears in 4 contracts

Samples: CNF Transportation Inc, CNF Transportation Inc, CNF Transportation Inc

Notice of Defaults. Within 90 days after actual knowledge by a Responsible Officer of the Trustee of the occurrence of any default hereunder with respect to the Securities of any series, the Trustee shall transmit by mail to all Holders of Securities of such series, as their names and addresses appear in the Securities Security Register, notice of such defaultdefault hereunder known to the Trustee, unless such default shall have been cured or waived; provided, however, that, except in the case of a default in the payment of the principal of (or premium, if any) or interest (including any Additional Interest) on any Security of such series or in the payment of any sinking fund installment with respect to Securities of such series, the 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 or Responsible Officers of the Trustee in good faith determines that the withholding of such notice is in the interests interest of the Holders of Securities of such series; and provided, further, that, that in the case of any default of the character specified in Section 5.1(3)5.01(4) with respect to Securities of such series, no such notice to Holders of Securities of such series shall be given until at least 30 days after the occurrence thereof. For the purpose of this SectionSection 6.02, the term "“default” means any event which is, or after notice or lapse of time or both would become, an Event of Default with respect to Securities of such series.

Appears in 4 contracts

Samples: Indenture (Arch Capital Group Ltd.), Arch Capital Group (U.S.) Inc., Xl Group PLC

Notice of Defaults. Within 90 days after actual knowledge by a Responsible Officer of the Trustee of the occurrence of any default hereunder with respect to the Securities of any series, the Trustee shall transmit by mail to all Holders of Securities of such series, as their names and addresses appear in the Securities Security Register, notice of such defaultdefault hereunder actually known to a Responsible Officer of the Trustee, unless such default shall have been cured or waived; provided, however, that, except in the case of a default in the payment of the principal of (or premium, if any) or interest (including any Additional Interest) on any Security of such series or in the payment of any sinking fund installment with respect to Securities of such series, the 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 Trustee in good faith determines that the withholding of such notice is in the interests interest of the Holders of Securities of such series; and provided, further, that, that in the case of any default of the character specified in Section 5.1(3)5.01(4) with respect to Securities of such series, no such notice to Holders of Securities of such series shall be given until at least 30 days after the occurrence thereof. For the purpose of this SectionSection 6.02, the term "“default” means any event which is, or after notice or lapse of time or both would become, an Event of Default with respect to Securities of such series.

Appears in 4 contracts

Samples: Xl Group PLC, Xl Group PLC, XL Group Ltd.

Notice of Defaults. Within 90 days after actual knowledge by a Responsible Officer of the Trustee of the occurrence of any default hereunder with respect to the Securities of any series, the Trustee shall transmit by mail to all Holders of Securities of such series, as their names and addresses appear in the Securities Register, notice of such default, unless such default shall have been cured or waived; provided, however, that, except in the case of a default in the payment of the principal of (or premium, if any) or interest (including any Additional Interest) on any Security of such series, the 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 Trustee in good faith determines that the withholding of such notice is in the interests of the Holders of Securities of such series; and provided, further, that, in the case of any default of the character specified in Section 5.1(3), no such notice to Holders of Securities of such series shall be given until at least 30 days after the occurrence thereof. For the purpose of this Section, the term "

Appears in 4 contracts

Samples: First American Financial Corp, First American Financial Corp, First American Financial Corp

Notice of Defaults. Within 90 days after actual knowledge by a Responsible Officer of the occurrence known to the Trustee of the occurrence of any default hereunder with respect to the Securities of any series, the Trustee shall transmit by mail to all Holders of Securities of such series, as their names and addresses appear in the Securities Security Register, notice of all such defaultdefaults hereunder, unless such default shall have been cured or waived; waived provided, however, that, except in the case of a default in the payment of the principal of (or premium, if any) or interest (including any Additional Interest) on any Security of such series or in the payment of any sinking fund installment with respect to Securities of such series, the 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 or Responsible Officers of the Trustee in good faith determines determine that the withholding of such notice is in the interests interest of the Holders of Securities of such series; and provided, further, that, in the case of any default of the character specified in Section 5.1(3)501(4) with respect to Securities of such series, no such notice to Holders of Securities of such series shall be given until at least 30 days after the occurrence thereof. For the purpose of this Section, the term "

Appears in 4 contracts

Samples: Indenture (Bp PLC), Indenture (Bp PLC), Indenture (Bp PLC)

Notice of Defaults. Within 90 days after actual knowledge by a Responsible Officer of the Trustee of the occurrence of any default hereunder with respect to the Securities of any series, the Trustee shall transmit by mail to all Holders of Securities of such series, as their names and addresses appear in the Securities Register, notice of such default, unless such default shall have been cured or waived; provided, however, that, except in the case of a default in the payment of the principal of (or premium, if any) or interest (including any Additional Interest) on any Security of such series, the 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 Trustee in good faith determines that the withholding of such notice is in the interests of the Holders of Securities of such series; and provided, further, that, in the case of any default of the character specified in Section 5.1(3), no such notice to Holders of Securities of such series shall be given until at least 30 days after the occurrence thereof. For the purpose of this Section, the term "

Appears in 4 contracts

Samples: Wachovia Capital Trust Iv, American General Capital Iv, American General Corp /Tx/

Notice of Defaults. Within 90 days after actual knowledge by a Responsible Officer of the Trustee of the occurrence of any default hereunder with respect to the Securities of any series, the Trustee shall transmit by mail to all Holders of Securities of such series, as their names and addresses appear in the Securities Security Register, notice of such defaultdefault hereunder known to the Trustee, unless such default shall have been cured or waived; provided, however, that, except in the case of a default in the payment of the principal of (or premium, if any) or interest (including any Additional Interest) on any Security of such series or in the payment of any sinking fund installment with respect to Securities of such series, the 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 or Responsible Officers of the Trustee in good faith determines that the withholding of such notice is in the interests interest of the Holders of Securities of such series; and provided, further, that, that in the case of any default of the character specified in Section 5.1(3)501(4) with respect to Securities of such series, no such notice to Holders of Securities of such series shall be given until at least 30 days after the occurrence thereof. For the purpose of this Sectionsection, the term "

Appears in 4 contracts

Samples: Indenture (360networks Inc), Arch Capital Group LTD, Xl Capital LTD

Notice of Defaults. Within 90 days after actual knowledge by a Responsible Officer of the Trustee of the occurrence of any default hereunder with respect to the Securities of any series, the Trustee shall transmit by mail to all Holders of Securities of such series, as their names and addresses appear in the Securities Registerseries entitled to receive reports pursuant to Section 703(3), notice of such defaultdefault hereunder known to the Trustee, unless such default shall have been cured or waived; provided, however, that, except in the case of a default in the payment of the principal of (or premium, if any) ), or interest (including interest, if any, on, or Additional Amounts or any Additional Interest) on sinking fund installment with respect to, any Security of such series, the 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 Trustee in good faith determines determine that the withholding of such notice is in the interests interest of the Holders of Securities and Coupons of such series; and provided, further, that, that in the case of any default of the character specified in Section 5.1(3)501(4) or 501(9) with respect to Securities of such series, no such notice to Holders of Securities of such series shall be given until at least 30 days after the occurrence thereof. For the purpose of this Section, the term "

Appears in 3 contracts

Samples: Kb Home, Kb Home, Kb Home

Notice of Defaults. Within 90 days after actual knowledge by a Responsible Officer of the Trustee of the occurrence of any default hereunder with respect to the Securities of any series, the Trustee shall transmit by mail to all Holders of Securities of such series, as their names and addresses appear in the Securities Security Register, notice of such defaultdefault hereunder known to the Trustee, unless such default shall have been cured or waived; providedPROVIDED, howeverHOWEVER, that, except in the case of a default in the payment of the principal of (or premium, if any) or interest (including any Additional Interest) on any Security of such series or in the payment of any sinking fund installment with respect to Securities of such series, the 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 or Responsible Officers of the Trustee in good faith determines that the withholding of such notice is in the interests interest of the Holders of Securities of such series; and providedPROVIDED, furtherFURTHER, that, that in the case of any default of the character specified in Section 5.1(3)5.01(4) with respect to Securities of such series, no such notice to Holders of Securities of such series shall be given until at least 30 days after the occurrence thereof. For the purpose of this SectionSection 6.02, the term "

Appears in 3 contracts

Samples: Xl Capital LTD, Xl Capital LTD, Xl Capital LTD

Notice of Defaults. Within 90 days after actual knowledge by a Responsible Officer of the Trustee of the occurrence of any default hereunder with respect to the Securities of any series, the Trustee shall transmit by mail to all Holders of Securities of such series, as their names and addresses appear in the Securities Register, notice of such default, unless such default shall have been cured or waived; provided, however, that, except in the case of a default in the payment of the principal of (or premium, if any) or interest (including any Additional Interest) on any Security of such series, the Trustee shall be fully 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 Trustee in good faith determines that the withholding of such notice is in the interests of the Holders of Securities of such series; and provided, further, that, in the case of any default of the character specified in Section 5.1(3), no such notice to Holders of Securities of such series shall be given until at least 30 days after the occurrence thereof. For the purpose of this Section, the term "

Appears in 3 contracts

Samples: Hl&p Capital Trust I, Hl&p Capital Trust Iv, Mellon Bank Corp

Notice of Defaults. Within 90 days after actual knowledge by a Responsible Officer of the Trustee of the occurrence of any default hereunder with respect to the Securities of any seriesseries occurs and is continuing, and if it is known to the Trustee, the Trustee shall transmit by mail to all Holders of Securities of such series, as their names and addresses appear in the Securities Security Register, notice of such defaultdefault hereunder known to the Trustee, unless such default shall have been cured or waived; provided, however, that, except in the case of a default in the payment of the principal of of, or premium (or premium, if any) ), or interest (including any Additional Interest) on on, any Security of such seriesat its Maturity Date, Redemption Date or otherwise, the 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 or Responsible Officers of the Trustee in good faith determines determine that the withholding of such notice is in the interests interest of the Holders of Securities of such series; and provided, further, that, that in the case of any default of the character specified in Section 5.1(3)501(3) with respect to Securities of such Series, no such notice to Holders of Securities of such series shall be given until at least 30 days after the occurrence thereof. For the purpose of this Section, the term "

Appears in 3 contracts

Samples: Indenture (Harrahs Operating Co Inc), Indenture (Harrahs Operating Co Inc), Indenture (Harrahs Operating Co Inc)

Notice of Defaults. Within 90 days after actual knowledge by a Responsible Officer of the Trustee of the occurrence of any default hereunder with respect to the Securities of any series, the Trustee shall transmit by mail to all Holders of Securities of such series, as their names and addresses appear in the Securities Register, notice of such default, unless such default shall have been cured or waived; provided, however, that, except in the case of a default in the payment of the principal of (or premium, if any) or interest (including any Additional Interest) on any Security of such series, the 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 Trustee in good faith determines that the withholding of such notice is in the interests of the Holders of Securities of such series; and provided, further, provided further that, in the case of any default of the character specified in Section 5.1(3), no such notice to Holders of Securities of such series shall be given until at least 30 days after the occurrence thereof. For the purpose of this Section, the term "

Appears in 3 contracts

Samples: Aici Capital Trust, Aici Capital Trust, First Empire Capital Trust Ii

Notice of Defaults. Within 90 days after actual knowledge by If a Responsible Officer of the Trustee of the occurrence of any default occurs hereunder with respect to the Securities of any series, the Trustee shall transmit by mail to all give the Holders of Securities of such series, as their names and addresses appear in the Securities Register, series notice of such default, unless such default shall have been cured or waivedas and to the extent provided by the Trust Indenture Act; provided, however, that, that except in the case of a default in the payment of the principal of (or premium, if any) or interest (including any Additional Interest) on any Security Securities of such series or in the payment of any sinking fund installment or any conversion right applicable to Securities of such series, the 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 Trustee in good faith determines determine that the withholding of such notice is in the interests of the Holders holders of Securities of such series; and provided, further, thathowever, that in the case of any default of the character specified in Section 5.1(3)5.1(4) with respect to Securities of such series, no such notice to Holders of Securities of such series shall be given until at least 30 60 days after the occurrence thereof. For the purpose of this Section, the term "

Appears in 3 contracts

Samples: Northfield Laboratories Inc /De/, Cell Genesys Inc, Cell Genesys Inc

Notice of Defaults. Within 90 days after actual knowledge by a Responsible Officer of the Trustee of the occurrence of any default hereunder with respect to the Securities of any series, the Trustee shall transmit by mail to all Holders of Securities of such series, as their names and addresses appear in the Securities Registermanner and to the extent provided in Section 703(c), notice of such defaultdefault hereunder known to the Trustee, unless such default shall have been cured or waived; provided, however, that, except in the case of a default in the payment of the principal of (or premium, if any) any premium or interest (including any Additional Interest) on any Security of such series or in the payment of any sinking fund installment with respect to Securities of such series, the Trustee shall be protected in withholding such notice if and so long as the board Board of directorsDirectors, the executive committee or a trust committee of directors and/or or Responsible Officers of the Trustee in good faith determines determine that the withholding of such notice is in the interests of the Holders of Securities of such series; , and provided, further, that, that in the case of any default of the character specified in Section 5.1(3)501(4) with respect to Securities of such series, no such notice to Holders of Securities of such series shall be given until at least 30 days after the occurrence thereof. For the purpose of this Section, the term "

Appears in 3 contracts

Samples: Indenture (Baker Hughes Inc), Lone Star Technologies Inc, Lone Star Technologies Inc

Notice of Defaults. Within 90 days after actual knowledge by a Responsible Officer of the Trustee of the occurrence of any default hereunder with respect to the Securities of any seriesseries of which a Responsible Officer has actual knowledge, the Trustee shall transmit by mail to all give the Holders of Securities of such series, as their names and addresses appear in the Securities Registerseries entitled to receive reports pursuant to Section 7.3, notice of such defaultdefault hereunder actually known to a Responsible Officer, unless such default shall have been cured or waived; provided, however, that, except in the case of a default in the payment of the principal of (or premium, if any) ), or interest (including interest, if any, on, or Additional Amounts or any Additional Interest) on sinking fund or purchase fund installment with respect to, any Security of such series, the 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 Trustee in good faith determines determine that the withholding of such notice is in the interests best interest of the Holders of Securities of such series; and provided, further, that, that in the case of any default of the character specified in Section 5.1(3)5.1(4) with respect to Securities of such series, no such notice to Holders of Securities of such series shall be given until at least 30 days after the occurrence thereof. For the purpose of this Section, the term "

Appears in 3 contracts

Samples: Reconciliation And (Aptargroup, Inc.), Indenture (WaferGen Bio-Systems, Inc.), And (Delcath Systems Inc)

Notice of Defaults. Within 90 days after actual knowledge by a Responsible Officer of the Trustee of the occurrence of any default Default hereunder with respect to the Securities of any series, the Trustee shall transmit by mail to all Holders of Securities of such series, as their names and addresses appear in the Securities Security Register, notice of such defaultDefault hereunder actually known to a Responsible Officer of the Trustee, unless such default Default shall have been cured or waived; provided, however, provided that, except in the case of a default Default in the payment of the principal of (or premium, if any) or interest (including any Additional Interest) on any Security of such series, the 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 Officer of the Trustee in good faith determines that the withholding of such notice is in the interests interest of the Holders of Securities of such series; and provided, further, that, that in the case of any default Default of the character specified in Section 5.1(3)5.7(e) with respect to Securities of such series, no such notice to Holders of Securities of such series shall be given until at least 30 days after the occurrence thereof. For the purpose of this Section, the term ".

Appears in 3 contracts

Samples: Citigroup Capital XVIII, Citigroup Inc, Citigroup Capital XIV

Notice of Defaults. Within 90 days after actual knowledge by a Responsible Officer of the Trustee of the occurrence of any default hereunder with respect to the Securities of any series, the Trustee shall transmit by mail to all Holders of the Securities of such series, as their names and addresses appear in the Securities Register, notice of such defaultdefault hereunder with respect to the Securities of such series known to the Trustee, unless such default shall have been cured or waived; provided, however, that, except in the case of a default in the payment of the principal of (or premium, if any) or interest (including any Additional Interest) interest, if any, on any Security of such series, or in the payment of any sinking fund installment or analogous obligation in respect thereof, the 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 Trustee in good faith determines determine that the withholding of such notice is in the interests of the Holders of Securities interest of such seriesHolders; and provided, further, that, that in the case of any default of the character specified in Section 5.1(3), 7.01(d) hereof no such notice to Holders of Securities of such series shall be given until at least 30 days after the occurrence thereof. For the purpose of this SectionSection 8.02, the term "

Appears in 3 contracts

Samples: Citizens Funding Trust IV, Citizens Funding Trust IV, Citizens Funding Trust IV

Notice of Defaults. Within 90 days after actual knowledge by a Responsible Officer of the Trustee of the occurrence of any default hereunder with respect to the Securities of any series, the Trustee shall transmit by mail to all Holders of Securities of such series, as their names and addresses appear in the Securities Register, notice of such default, unless such default shall have been cured or waived; provided, however, that, except in the case of a default in the payment of the principal of (or premium, if any) or interest (including any Additional Interest) on any Security of such series, the Trustee shall be fully 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 Trustee in good faith determines that the withholding of such notice is in the interests of the Holders of Securities of such series; and provided, further, that, in the case of any default of the character specified in Section 5.1(3), no such notice to Holders of Securities of such series shall be given until at least 30 days after the occurrence thereof. For the purpose of this Section, the term "

Appears in 3 contracts

Samples: CCC Capital Trust Ii, First Coastal Capital Trust, CSC Capital Iii

Notice of Defaults. Within 90 days after actual knowledge by a Responsible Officer of the Trustee of the occurrence of any default hereunder with respect to the Securities of any series, the Trustee shall transmit by mail to all Holders of Securities of such series, as their names and addresses appear in the Securities Registerseries entitled to receive reports pursuant to Section 703(3), notice of such defaultdefault hereunder known to the Trustee, unless such default shall have been cured or waived; provided, however, that, except in the case of a default in the payment of the principal of (or premium, if any) ), or interest (including interest, if any, on, or Additional Amounts or any Additional Interest) on sinking fund or purchase fund installment with respect to, any Security of such series, the 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 Trustee in good faith determines that the withholding of such notice is in the interests best interest of the Holders of Securities and Coupons of such series; and provided, further, that, that in the case of any default of the character specified in Section 5.1(3)501(4) with respect to Securities of such series, no such notice to Holders of Securities of such series shall be given until at least 30 days after the occurrence thereof. For the purpose of this Section, the term "

Appears in 3 contracts

Samples: Reckson Associates Realty Corp, Reckson Operating Partnership Lp, Reckson Services Industries Inc

Notice of Defaults. Within 90 days after actual knowledge by a Responsible Officer of the Trustee of the occurrence of any default hereunder with respect to the Securities of any series, the Trustee shall transmit by mail to all Holders of Securities of such series, as their names and addresses appear in the Securities Register, series notice of such defaultdefault hereunder known to the Trustee, unless such default shall have been cured or waived; provided, however, that, except in the case of a default in the payment of the principal of (or premium, if any) or interest (including any Additional Interest) interest, if any, on any Security of such series or in the payment of any sinking fund installment with respect to Securities of such series, the 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 or a Responsible Officers Officer of the Trustee in good faith determines determine that the withholding of such notice is in the interests interest of the Holders of Securities of such series; and provided, further, that, that in the case of any default of the character specified in Section 5.1(3)501(4) with respect to Securities of such series, no such notice to Holders of Securities of such series shall be given until at least 30 days after the occurrence thereof. For the purpose of this SectionSection 602, the term "

Appears in 3 contracts

Samples: Indenture (Mid American Energy Holdings Co /New/), Indenture (Southern Investments Uk PLC), Midamerican Energy Holdings Co /New/

Notice of Defaults. Within 90 days after actual knowledge by a Responsible Officer of the Trustee of the occurrence of any default hereunder with respect to the Securities of any series, the Trustee shall transmit by mail to all Holders of Securities of such series, as their names and addresses appear in the Securities Security Register, notice of such defaultdefault hereunder known to the Trustee, unless such default shall have been cured or waivedwaived before the giving of such notice; provided, however, that, except in the case of a default in the payment of the principal of (or premium, if any) or interest (including on Securities of any Additional Interest) on series or in the payment of any Security sinking fund installment with respect to Securities of such series, the 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 Trustee in good faith determines determine that the withholding of such notice is in the interests interest of the Holders of Securities of such series; and provided, further, that, that in the case of any default of the character specified in Section 5.1(3), 501(4) with respect to Securities of such series no such notice to Holders of Securities of such series shall be given until at least 30 days after the occurrence thereof. For the purpose of this Section, the term "

Appears in 3 contracts

Samples: Sabre Holding Corp, Airtran Holdings Inc, Integrated Circuit Systems Inc

Notice of Defaults. Within 90 days after actual knowledge by a Responsible Officer of the Trustee of the occurrence of any default hereunder with respect to the Securities of any series, the Trustee shall transmit by mail to all Holders of Securities of such series, as their names and addresses appear in the Securities Registermanner and to the extent provided in TIA Section 313(c), notice of such defaultdefault hereunder actually known to a Responsible Officer of the Trustee, unless such default shall have been cured or waived; provided, however, that, except in the case of a default in the payment of the principal of (or premiumpremium or Make-Whole Amount, if any) or interest (including any Additional Interest) on or any Additional Amounts with respect to any Security of such series, or in the payment of any sinking fund installment with respect to the Securities of such series, the 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 Trustee in good faith determines determine that the withholding of such notice is in the interests of the Holders of the Securities and coupons of such series; and provided, further, that, provided further that in the case of any default or breach of the character specified in Section 5.1(3)501(4) with respect to the Securities and coupons of such series, no such notice to Holders of Securities of such series shall be given until at least 30 60 days after the occurrence thereof. For the purpose of this Section, the term "

Appears in 3 contracts

Samples: Union Planters Corp, Unumprovident Financing Trust Iii, Provident Companies Inc /De/

Notice of Defaults. Within 90 calendar days after actual knowledge by the occurrence of any default hereunder, the Trustee shall transmit in the manner and to the extent provided in TIA Section 313(c), notice of such default hereunder known to a Responsible Officer of the Trustee of the occurrence of any default hereunder with respect to the Securities of any series, the Trustee shall transmit by mail to all Holders of Securities of such series, as their names and addresses appear in the Securities Register, notice of such defaultTrustee, unless such default shall have been cured or waived; provided, however, that, except in the case of a default in the payment of the principal of (or and premium, if any) or interest and Interest (including any Additional Interestthe Redemption Price upon redemption pursuant to Article 11) on any Security of such a particular series, the 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 Trustee in good faith determines determine that the withholding of such notice is in the interests of the Holders of the Securities of such series; and provided, further, that, provided further that in the case of any default or breach with respect to Securities of any series of the character specified in Section 5.1(3501(7), no such notice to Holders of Securities of such series shall be given until at least 30 60 days after the occurrence thereof. For the purpose of this Section, the term ".

Appears in 3 contracts

Samples: Americold Realty Operating Partnership, L.P., Indenture (Piedmont Operating Partnership, LP), Piedmont Office Realty Trust, Inc.

Notice of Defaults. Within 90 days after actual knowledge by a Responsible Officer of the Trustee of the occurrence of any default hereunder with respect to the Securities of any series, the Trustee shall transmit by mail to all Holders of Securities of such series, as their names and addresses appear in the Securities Security Register, notice of such defaultdefault hereunder known to the Trustee, unless such default shall have been cured or waived; provided, however, that, except in the case of a default in the payment of the principal of (or premium, if any) or interest (including any Additional Interest) on any Security of such series or in the payment of any sinking fund installment with respect to Securities of such series, the 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 or Responsible Officers of the Trustee in good faith determines that the withholding of such notice is in the interests interest of the Holders of Securities of such series; and provided, further, that, that in the case of any default of the character specified in Section 5.1(3)501(3) with respect to Securities of such series, no such notice to Holders of Securities of such series shall be given until at least 30 days after the occurrence thereof. For the purpose of this Section, the term "

Appears in 3 contracts

Samples: Mediacom Capital Corp, Mediacom Capital Corp, Mediacom Capital Corp

Notice of Defaults. Within 90 days after actual knowledge by a Responsible Officer of the Trustee of the occurrence of any default hereunder with respect to the Securities of any series, the Trustee shall transmit by mail to all Holders of Securities of such series, as their names and addresses appear in the Securities Register, notice of such default, unless such default shall have been cured or waived; providedPROVIDED, howeverHOWEVER, that, except in the case of a default in the payment of the principal of (or premium, if any) or interest (including any Additional Interest) on any Security of such series, the 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 Trustee in good faith determines that the withholding of such notice is in the interests of the Holders of Securities of such series; and providedPROVIDED, furtherFURTHER, that, in the case of any default of the character specified in Section 5.1(3), no such notice to Holders of Securities of such series shall be given until at least 30 days after the occurrence thereof. For the purpose of this Section, the term "

Appears in 3 contracts

Samples: Indenture (Seacoast Financial Services Corp), Indenture (Zions Institutional Capital Trust A), Seacoast Financial Services Corp

Notice of Defaults. Within 90 days after actual knowledge by a Responsible Officer of the Trustee of the occurrence of any default hereunder with respect to the Securities of any series, the Trustee shall transmit by mail to all Holders of Securities of such series, as their names and addresses appear in the Securities Registerseries entitled to receive reports pursuant to Section 703(3), notice of such defaultdefault hereunder known to the Trustee, unless such default shall have been cured or waived; provided, however, that, except in the case of a default in the payment of the principal of (or premium, if any) ), or interest (including interest, if any, on, or Additional Amounts or any Additional Interest) on sinking fund or purchase fund installment with respect to, any Security of such series, the 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 Trustee in good faith determines determine that the withholding of such notice is in the interests best interest of the Holders of Securities and Coupons of such series; and provided, further, that, that in the case of any default of the character specified in Section 5.1(3)501(4) with respect to Securities of such series, no such notice to Holders of Securities of such series shall be given until at least 30 days after the occurrence thereof. For the purpose of this Section, the term "

Appears in 3 contracts

Samples: Indenture (CSX Transportation Inc), Nyc Newco Inc, CSX Transportation Inc

Notice of Defaults. Within 90 days after actual knowledge by a Responsible Officer of the Trustee of the occurrence of any default hereunder with respect to the Securities of any series, the Trustee shall transmit by mail to all Holders of Securities of such series, as their names and addresses appear in the Securities Security Register, notice of such defaultdefault hereunder known to the Trustee, unless such default shall have been cured or waived; provided, however, that, except in the case of a default in the payment of the principal of (or premium, if any) or interest (including any Additional Interest) on any Security of such series or in the payment of any sinking fund or analogous obligation installment with respect to Securities of such series, the 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 or Responsible Officers of the Trustee in good faith determines determine that the withholding of such notice is in the interests interest of the Holders of Securities of such series; and provided, further, that, that in the case of any default of the character specified in Section 5.1(3)6.01(4) with respect to Securities of such series, no such notice to Holders of Securities of such series shall be given until at least 30 days after the occurrence thereof. For the purpose of this Section, the term "

Appears in 3 contracts

Samples: Indenture (Renaissance Centro Arlington, LLC), Indenture (Renaissance Centro Arlington, LLC), Indenture (Renaissance Centro Arlington, LLC)

Notice of Defaults. Within 90 days after actual knowledge by a Responsible Officer of the Trustee of the occurrence of any default hereunder with respect to the Securities of any series, the Trustee shall transmit by mail to all Holders of Securities of such series, as their names and addresses appear in the Securities Security Register, notice of such defaultdefault hereunder known to the Trustee, unless such default shall have been cured or waived; provided, however, that, except in the case of a default in the payment of the principal of (or premium, if any) or interest (including any Additional Interest) on any Security of such series or in the payment of any sinking fund installment with respect to Securities of such series, the 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 or Responsible Officers of the Trustee in good faith determines determine that the withholding of such notice is in the interests interest of the Holders of Securities of such series; and provided, further, that, that in the case of any default of the character specified in Section 5.1(3)501(4) with respect to Securities of such series, no such notice to Holders of Securities of such series shall be given until at least 30 days after the occurrence thereof. For the purpose of this Section, the term "

Appears in 3 contracts

Samples: Indenture (Sonoco Products Co), Supplemental Indenture (Coca Cola Bottling Co Consolidated /De/), St Paul Capital Trust Ii

Notice of Defaults. Within 90 days after actual knowledge by a Responsible Officer of the Trustee of the occurrence of any default hereunder with respect to the Securities of any series, the Trustee shall transmit by mail to all Holders of Securities of such seriestransmit, as their names and addresses appear in the Securities Registermanner and to the extent provided in Section 313(c) of the Trust Indenture Act, notice of such defaultdefault hereunder known to the Trustee, unless such default shall have been cured or waived; provided, however, that, except in the case of a default in the payment of the principal of (or premium, if any) or interest (including any Additional Interest) on any Security of such series or in the payment of any sinking fund installment with respect to Securities of such series, the 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 Officers Officer of the Trustee in good faith determines that the withholding of such notice is in the interests interest of the Holders of Securities of such series; and provided, further, that, provided further that in the case of any default of the character specified in Section 5.1(3)501(4) with respect to Securities of such series, no such notice to Holders of Securities of such series shall be given until at least 30 days after the occurrence thereof. For the purpose of this Section, the term "

Appears in 2 contracts

Samples: Indenture (Ambac Financial Group Inc), Indenture (Ambac Financial Group Inc)

Notice of Defaults. Within 90 days after actual knowledge by a Responsible Officer of the Trustee of the occurrence of any default hereunder with respect to the Securities of any series, the Trustee shall transmit by mail to all the Holders of Securities of such series, series notice as their names and addresses appear provided in the Securities Register, notice Section 1.6 of such defaultdefault hereunder known to the Trustee, unless such default shall have been cured or waived; providedPROVIDED, howeverHOWEVER, that, except in the case of a default in the payment of the principal of (or premium, if any, on) or interest (including any Additional Interest) on any Security of such series or in the payment of any sinking fund installment or analogous obligation with respect to Securities of such series, the 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 or Responsible Trust Officers of the Trustee in good faith determines that the withholding of such notice is in the interests interest of the Holders of Securities of such series; and provided, further, that, PROVIDED FURTHER that in the case of any default of the character specified in Section 5.1(3)6.1(4) with respect to Securities of such series, no such notice to Holders of Securities of such series shall be given until at least 30 90 days after the occurrence thereofof such default. For the purpose of this Section, the term "

Appears in 2 contracts

Samples: Apex Silver Mines LTD, Apex Silver Mines LTD

Notice of Defaults. Within 90 days after actual knowledge by a Responsible Officer of the Trustee of the occurrence of any default hereunder with respect to the Securities Notes of any series, the Trustee shall transmit by mail to all Holders of Securities Notes of such series, as their names and addresses appear in the Securities Registerseries entitled to receive reports pursuant to Section 7.3(3), notice of such defaultdefault hereunder actually known to a Responsible Officer, unless such default shall have been cured or waived; provided, however, that, except in the case of a default in the payment of the principal of (or premium, if any) ), or interest (including interest, if any, on, or any Additional Interest) on sinking fund or purchase fund installment with respect to, any Security Note of such series, the 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 Trustee in good faith determines determine that the withholding of such notice is in the interests best interest of the Holders of Securities Notes and Coupons of such series; and provided, further, that, that in the case of any default of the character specified in Section 5.1(3)Sections 5.1(4) and 5.1(5) with respect to Notes of such series, no such notice to Holders of Securities of such series shall be given until at least 30 days after the occurrence thereofsuch default shall have become an Event of Default with respect to Notes of such series. For the purpose of this SectionSection 6.2, the term "

Appears in 2 contracts

Samples: Cit Group Inc, Cit Group Inc

Notice of Defaults. Within 90 60 days after actual knowledge by a Responsible Officer of the Trustee of the occurrence of any default hereunder with respect to the Securities of any series, the Trustee shall transmit by mail to all Holders of Securities of such series, as their names and addresses appear in the Securities Registerseries entitled to receive reports pursuant to Section 703(3), notice of such defaultdefault hereunder known to the Trustee, unless such default shall have been cured or waived; provided, however, that, except in the case of a default in the payment of the principal of (or premium, if any) ), or interest (including interest, if any, on, or Additional Amounts or any Additional Interest) on sinking fund or purchase fund installment with respect to, any Security of such series, the 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 Trustee in good faith determines that the withholding of such notice is in the interests best interest of the Holders of Securities and Coupons of such series; and provided, further, that, that in the case of any default of the character specified in Section 5.1(3)501(4) with respect to Securities of such series, no such notice to Holders of Securities of such series shall be given until at least 30 days after the occurrence thereof. For the purpose of this Section, the term "

Appears in 2 contracts

Samples: Media General Inc, Virginia Paper Manufacturing Corp

Notice of Defaults. Within 90 days after actual knowledge by a Responsible Officer of the Trustee of the occurrence of any default hereunder with respect to the Securities of any series, the Trustee shall transmit by mail to all Holders of Securities of such series, as their names and addresses appear in the Securities Security Register, notice of such defaultdefault hereunder known to the Trustee, unless such default shall have been cured or waived; provided, however, that, except in the case of a default in the payment of the principal of (or premium, if any) or interest (including any Additional Interest) on any Security of such series or in the payment of any sinking fund or analogous obligation installment with respect to Securities of such series, the 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 or Responsible Officers of the Trustee in good faith determines determine that the withholding of such notice is in the interests interest of the Holders of Securities of such series; and provided, further, that, that in the case of any default of the character specified in Section 5.1(3)6.01(4) with respect to Securities of such series, no such notice to Holders of Securities of such series shall be given until at least 30 days after the occurrence thereof. For the purpose of this Section, the term "term

Appears in 2 contracts

Samples: Indenture (Willis Netherlands Holdings B.V.), Willis Netherlands Holdings B.V.

Notice of Defaults. Within 90 days after actual knowledge by a Responsible Officer of the Trustee of the occurrence of any default hereunder with respect to the Securities of any series, the Trustee shall transmit by mail to all Holders of Securities of such series, as their names and addresses appear in the Securities Register, notice of such default, unless such default shall have been cured or waived; provided, however, that, except in the case of a default in the payment of the principal of (or premium, if any) or interest (including any Additional Interest) on any Security of such series, the 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 Trustee in good faith determines that the withholding of such notice is in the interests of the Holders of Securities of such series; and provided, further, that, in the case of any default of the character specified in Section 5.1(3), no such notice to Holders of Securities of such series shall be given until at least 30 days after the occurrence thereof. For the purpose of this Section, the term ",

Appears in 2 contracts

Samples: Comerica Inc /New/, Pennsylvania Power & Light Co /Pa

Notice of Defaults. Within 90 days after actual knowledge by a Responsible Officer of the Trustee of the occurrence of any default hereunder with respect to the Securities of any series, the Trustee shall transmit by mail to all Holders of Securities of such series, as their names and addresses appear in the Securities Register, notice of such default, unless such default shall have been cured or waived; provided, however, that, except in the case of a default in the payment of the principal of (or premium, if any) or interest (including any Additional Interest) on any Security of such series, the 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 Trustee in good faith determines that the withholding of such notice is in the interests of the Holders of Securities of such series; and providedPROVIDED, furtherFURTHER, that, in the case of any default of the character specified in Section 5.1(3), no such notice to Holders of Securities of such series shall be given until at least 30 days after the occurrence thereof. For the purpose of this Section, the term "

Appears in 2 contracts

Samples: Pacific Crest Capital Inc, PCC Capital I

Notice of Defaults. Within 90 days after actual knowledge by a Responsible Officer of the Trustee of the occurrence of any default hereunder with respect to the Securities of any series, the Trustee shall transmit by mail to all Holders of Securities of such series, as their names and addresses appear in the Securities Registerseries entitled to receive reports pursuant to Section 703(3), notice of such defaultdefault hereunder known to the Trustee, unless such default shall have been cured or waived; provided, however, that, except in the case of a default in the payment of the principal of (or premium, if any) ), or interest (including interest, if any, on, or Additional Amounts or any Additional Interest) on sinking fund installment with respect to, any Security of such series, the 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 Trustee in good faith determines determine that the withholding of such notice is in the interests best interest of the Holders of Securities and Coupons of such series; and provided, further, that, that in the case of any default of the character specified in Section 5.1(3)501(4) - 501(9) with respect to Securities of such series, no such notice to Holders of Securities of such series shall be given until at least 30 days after the occurrence thereof. For the purpose of this Section, the term "

Appears in 2 contracts

Samples: Indenture (Winn Dixie Stores Inc), Bay View Capital Corp

Notice of Defaults. Within 90 days after actual knowledge by a Responsible Officer of the Trustee of the occurrence of any default hereunder with respect to the Debt Securities of any series, the Trustee shall transmit by mail to all Holders of Debt Securities of such series, as their names and addresses appear in the Securities Register, series notice of such defaultdefault hereunder known to the Trustee, unless such default shall have been cured or waived; provided, however, that, except in the case of a default in the payment of the principal of (or premium, if any) or interest (including any Additional Interest) on any Debt Security of such series or in the payment of any sinking fund installment with respect to Debt Securities of such series, the 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 Trustee in good faith determines that the withholding of such notice is in the interests interest of the Holders of Debt Securities of such series; and provided, further, that, that in the case of any default of the character specified in Section 5.1(3)7.01(d) with respect to Debt Securities of such series, no such notice to Holders of Securities of such series shall be given until at least 30 60 days after the occurrence thereof. For the purpose of this Section, the term "“default” means any event which is, or after notice or lapse of time or both would become, an Event of Default with respect to Debt Securities of such series.

Appears in 2 contracts

Samples: Indenture (Perma-Pipe International Holdings, Inc.), Indenture (Perma-Pipe International Holdings, Inc.)

Notice of Defaults. Within 90 days after actual knowledge by a Responsible Officer of the Trustee of the occurrence of any default hereunder with respect to the Debt Securities of any series, the Trustee shall transmit by mail give notice to all Holders of Debt Securities of such series, as their names and addresses appear in the Securities Register, notice series of such defaultdefault hereunder known to the Trustee, unless such default shall have been cured or waived; provided, however, that, except in the case of a default in the payment of the principal of (or premium, if any) or interest (including any Additional Interest) on any Debt Security of such series or in the payment of any sinking fund installment with respect to Debt Securities of such series, the 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 Trustee in good faith determines that the withholding of such notice is in the interests interest of the Holders of Debt Securities of such series; and provided, further, that, that in the case of any default of the character specified in Section 5.1(3), 5.1(4) with respect to Debt Securities of such series no such notice to Holders of Securities of such series shall be given until at least 30 90 days after the occurrence thereof. For the purpose of this Section, the term "

Appears in 2 contracts

Samples: Reinsurance Group of America Inc, Rga Capital Trust Ii

Notice of Defaults. Within 90 days after actual knowledge by a Responsible Officer of the Trustee of the occurrence of any default hereunder with respect to the Securities of any series, the Trustee shall transmit by mail to all Holders of Securities of such series, as their names and addresses appear in the Securities Security Register, notice of such defaultdefault hereunder known to the Trustee, unless such default shall have been cured or waived; provided, however, that, except in the case of a default in the payment of the principal of (or premium, if any) or interest (including any Additional Interest) interest, if any, on any Security of such series or in the payment of any sinking fund instalment with respect to Securities of such series, the 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 or Responsible Officers of the Trustee in good faith determines determine that the withholding of such notice is in the interests interest of the Holders of Securities of such series; and provided, further, that, that in the case of any default of the character specified in Section 5.1(3)5.1(4) with respect to Securities of such series, no such notice to Holders of Securities of such series shall be given until at least 30 days after the occurrence thereof. For the purpose of this Section, the term "

Appears in 2 contracts

Samples: Indenture (Ingersoll Rand Co), Indenture (Ingersoll Rand Co)

Notice of Defaults. Within 90 days after actual knowledge by a Responsible Officer of the Trustee of the occurrence of any default hereunder with respect to the Securities of any series, the Trustee shall transmit by mail to all Holders of Securities of such series, as their names and addresses appear in the Securities Registerseries entitled to receive reports pursuant to Section 7.3(c), notice of such defaultdefault hereunder known to a Responsible Officer of the Trustee, unless such default shall have been cured or waived; provided, however, that, except in the case of a default in the payment of the principal of (or and premium, if any) or interest (including on, or any Additional Interest) on Amounts with respect to, any Security of such series or in the payment of any sinking fund installment with respect to Securities of such series, the 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 and responsible officers of the Trustee in good faith determines determine that the withholding of such notice is in the interests of the Holders of Securities of such series; and provided, provided further, that, that in the case of any default of the character specified in Section 5.1(3)5.1(c) with respect to Securities of such series, no such notice to Holders of Securities of such series shall be given until at least 30 days after the occurrence thereof. For the purpose of this Section, the term "

Appears in 2 contracts

Samples: Gatx Financial Corp, SPSS Inc

Notice of Defaults. Within 90 days after actual knowledge by a Responsible Officer of the occurrence known to the Trustee of the occurrence of any default hereunder with respect to the Securities of any series, the Trustee shall transmit by mail to all give the Holders of Securities of such series, as their names and addresses appear in the Securities Security Register, notice of such default, unless such default shall have been cured or waived; provided, however, that, except in the case of a default in the payment of the principal of (or premium, if any) or interest (including any Additional Interest) on any Security of such series or in the payment of any sinking fund installment with respect to Securities of such series, the 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 or Responsible Officers of the Trustee in good faith determines determine that the withholding of such notice is in the interests interest of the Holders of Securities of such series; and provided, further, that, that in the case of any default of the character specified in Section 5.1(3)501(4) with respect to such Securities, no such notice to such Holders of Securities of such series shall be given until at least 30 days after the occurrence thereof. For the purpose of this Section, the term "

Appears in 2 contracts

Samples: Indenture (Coca-Cola Hellenic Bottling Co Sa), Indenture (Coca-Cola Hellenic Bottling Co Sa)

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Notice of Defaults. Within 90 days after actual knowledge by a Responsible Officer of the Trustee of the occurrence of any default hereunder with respect to the Securities of any series, the Trustee shall transmit by mail to all Holders of Securities of such series, as their names and addresses appear in the Securities Registerseries entitled to receive reports pursuant to Section 7.3(c), notice of such defaultdefault hereunder known to the Trustee, unless such default shall have been cured or waived; provided, however, provided that, except in the case of a default in the payment of the principal of (or premium, if any) or interest (including any Additional Interest) on any Security of such series or in the payment of any sinking fund instalment with respect to Securities of such series, the 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 or Responsible Officers of the Trustee in good faith determines determine that the withholding of such notice is in the interests interest of the Holders of Securities of such series; and provided, further, that, that in the case of any default of the character specified in Section 5.1(3)5.1(4) with respect to Securities of such series, no such notice to Holders of Securities of such series shall be given until at least 30 days after the occurrence thereof. For the purpose of this Section, the term "

Appears in 2 contracts

Samples: Indenture (Textron Inc), Indenture (Textron Inc)

Notice of Defaults. Within 90 days after actual knowledge by a Responsible Officer of the Trustee of the occurrence of any default hereunder with respect to the Securities of any series, the Trustee shall transmit by mail to all Holders of Securities of such series, as their names and addresses appear in the Securities Registerseries entitled to receive reports pursuant to Section 703(3), notice of such defaultdefault hereunder known to the Trustee, unless such default shall have been cured or waived; provided, however, that, except in the case of a default in the payment of the principal of (or premium, if any) ), or interest (including interest, if any, on, or Additional Amounts or any Additional Interest) on sinking fund or purchase fund installment with respect to, any Security of such series, the 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 Trustee in good faith determines that the withholding of such notice is in the interests best interest of the Holders of Securities and Coupons of such series; and provided, further, that, that in the case of any default of the character specified in Section 5.1(3)501(8) with respect to Securities of such series, no such notice to Holders of Securities of such series shall be given until at least 30 days after the occurrence thereof. For the purpose of this Section, the term "

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Reckson Associates Realty Corp), Reckson Associates Realty Corp

Notice of Defaults. Within 90 days after actual knowledge by a Responsible Officer of the Trustee of the occurrence of any default hereunder with respect to the Securities of any series, the Trustee shall transmit by mail to all Holders of Securities of such series, as their names and addresses appear in the Securities Register, notice of such default, unless such default shall have been cured or waived; providedPROVIDED, howeverHOWEVER, that, except in the case of a default in the payment of the principal of (or premium, if any) or interest (including any Additional Interest) on any Security of such series, the 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 Trustee in good faith determines that the withholding of such notice is in the interests of the Holders of Securities of such series; and providedPROVIDED FURTHER, furtherHOWEVER, that, in the case of any default of the character specified in Section 5.1(3), no such notice to Holders of Securities of such series shall be given until at least 30 days after the occurrence thereof. For the purpose of this SectionSection 6.2, the term "

Appears in 2 contracts

Samples: Trust Agreement (DPL Inc), Southern States Capital Trust I

Notice of Defaults. Within 90 days after actual knowledge by a Responsible Officer of the Trustee of the occurrence of any default hereunder with respect to the Securities of any series, the Trustee shall transmit by mail to all Holders of Securities of such series, as their names and addresses appear in the Securities Registerseries entitled to receive reports pursuant to Section 703(3), notice of such defaultdefault hereunder known to the Trustee, unless such default shall have been cured or waived; provided, however, that, except in the case of a default in the payment of the principal of (or premium, if any) ), or interest (including interest, if any, on, or Additional Amounts or any Additional Interest) on sinking fund installment with respect to, any Security of such series, the 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 Officers Officer of the Trustee in good faith determines determine that the withholding of such notice is in the interests best interest of the Holders of Securities and Coupons of such series; and provided, further, that, that in the case of any default of the character specified in Section 5.1(3)501(4) with respect to Securities of such series, no such notice to Holders of Securities of such series shall be given until at least 30 60 days after the occurrence thereof. For the purpose of this Section, the term "

Appears in 2 contracts

Samples: Indenture (Nymagic Inc), Indenture (Nymagic Inc)

Notice of Defaults. Within 90 days after actual knowledge by a Responsible Officer of the Trustee of the occurrence of any default hereunder with respect to the Debt Securities of any series, the Trustee shall transmit by mail give notice to all Holders of Debt Securities of such series, as their names and addresses appear in the Securities Register, notice series of such defaultdefault hereunder known to the Trustee, unless such default shall have been cured or waived; provided, however, that, except in the case of a default in the payment of the principal of (or premium, if any) or interest (including any Additional Interest) on any Debt Security of such series or in the payment of any sinking fund installment with respect to Debt Securities of such series, the 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 Trustee in good faith determines determine that the withholding of such notice is in the interests interest of the Holders of Debt Securities of such series; and provided, further, that, that in the case of any default of the character specified in Section 5.1(3), 5.01(4) with respect to Debt Securities of such series no such notice to Holders of Securities of such series shall be given until at least 30 days after the occurrence thereof. For the purpose of this Section, the term "

Appears in 2 contracts

Samples: Meridian Resource CORP, Meridian Resource CORP

Notice of Defaults. Within 90 days after actual knowledge by a Responsible Officer of the Trustee of the occurrence of ------------------ any default hereunder with respect to the Securities of any series, the Trustee shall transmit by mail give to all Holders of Securities of such seriesthe Holders, as their names and addresses appear in the Securities Registermanner and to the extent provided in Section 313(c) of the Trust Indenture Act, notice of such defaultdefault hereunder known to the Trustee, unless such default shall have has been cured or waived; provided, however, that, -------- ------- except in the case of a default in the payment of the principal of (or premiumpremium or Make-Whole Amount, if any, on) or interest (including any or Additional Interest) Amounts, if any, on any Security of such series, or in the payment of any sinking fund installment with respect to the Securities of such series, the 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 Trustee in good faith determines determine that the withholding of such notice is in the interests of the Holders of the Securities and coupons of such series; and provided, further, that, in the case of any default of the character specified in Section 5.1(3), no such notice to Holders of Securities of such series shall be given until at least 30 days after the occurrence thereof. For the purpose of this Section, the term "and

Appears in 2 contracts

Samples: Cabot Industrial Trust, Cabot Industrial Properties Lp

Notice of Defaults. Within 90 days after actual knowledge by a Responsible Officer of the Trustee of the occurrence of any default hereunder with respect to the Securities of any series, the Trustee shall transmit by mail to all Holders of Securities of such series, as their names and addresses appear in the Securities Security Register, notice of such defaultdefault hereunder known to the Trustee, unless such default shall have been cured or waived; provided, however, that, except in the case of a default in the payment of the principal of (or premium, if any) or interest (including any Additional Interest) on any Security of such series or in the payment of any sinking fund installment with respect to Securities of such series, the 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 Trustee in good faith determines determine that the withholding of such notice is in the interests interest of the Holders of Securities of such series; and provided, further, that, that in the case of any default of the character specified in Section 5.1(3)5.01(4) with respect to Securities of such series, no such notice to Holders of Securities of such series shall be given until at least 30 days after the occurrence thereof. For the purpose of this Section, the term "

Appears in 2 contracts

Samples: Indenture (Chittenden Corp /Vt/), Chittenden Corp /Vt/

Notice of Defaults. Within 90 days after actual knowledge by a Responsible Officer of the Trustee of the occurrence of any default hereunder with respect to the Securities of any series, the Trustee shall transmit by mail to all Holders of Securities of such series, as their names and addresses appear in the Securities Register, series entitled to receive reports pursuant to Section 703 notice of such defaultdefault hereunder known to the Trustee, unless such default shall have been cured or waived; provided, however, provided that, except in the case of a default in the payment of the principal of (or of, premium, if any) , or interest (including any Additional Interest) on any Security of such series, or in the payment of any sinking fund installment with respect to Securities of such series, the 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 Trustee in good faith determines that the withholding of such notice is in the interests of the Holders of Securities of such series; and provided, further, that, in the case of any default of the character specified in Section 5.1(3), no such notice to Holders of Securities of such series shall be given until at least 30 days after the occurrence thereof. For the purpose of this SectionSection 602, the term "“default,” with respect to Securities of any series, means any event that is, or after notice or lapse of time, or both, would become, an Event of Default with respect to Securities of such series.

Appears in 2 contracts

Samples: Indenture (Staples Inc), Indenture (Staples Inc)

Notice of Defaults. Within 90 days after actual knowledge by If a Responsible Officer of the Trustee of the occurrence of any default occurs hereunder with respect to the Securities of any series, the Trustee shall transmit by mail to all give the Holders of Securities of such series, as their names and addresses appear in the Securities Register, series notice of such default, default actually known to the Trustee within 90 days after it occurs unless such default shall have been cured or waived; provided, however, that, that except in the case of a default in the payment of the principal of (or premium, if any) any premium or interest (including any Additional Interest) on any Security Securities of such any series or in the making of any sinking fund payment payable with respect to Securities of any series, the Trustee shall be protected in withholding such may withhold the 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 Trustee in good faith determines that withholding the withholding of such notice is in the interests interest of the Holders of Securities of such that series; and provided, further, that, that in the case of any default of the character specified in Section 5.1(3)5.1(d) with respect to Securities of such series, no such notice to Holders of Securities of such series shall be given until at least 30 days after the occurrence thereof. For the purpose of this Section, the term "

Appears in 2 contracts

Samples: MRM Capital Trust Iii, Mutual Risk Management LTD

Notice of Defaults. Within 90 days after actual knowledge by a Responsible Officer of the Trustee of the occurrence of any default hereunder with respect to the Securities of any series, the Trustee shall transmit by mail to all Holders of Securities of such series, as their names and addresses appear in the Securities Register, notice of such default, unless such default shall have been cured or waived; provided, however, that, except in the case of a default in the payment of the principal of (or premium, if any) or interest (including any Additional Interest) on any Security of such series, the 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 Trustee in good faith determines that the withholding of such notice is in the interests of the Holders of Securities of such series; and provided, further, that, in the case of any default of the character specified in Section 5.1(3)5.13, no such notice to Holders of Securities of such series shall be given until at least 30 days after the occurrence thereof. For the purpose of this Section, the term "“default” means any event which is, or after notice or lapse of time or both would become, an Event of Default with respect to Securities of such series.

Appears in 2 contracts

Samples: Silicon Valley Bancshares, Silicon Valley Bancshares

Notice of Defaults. Within 90 60 days after actual knowledge by a Responsible Officer of the Trustee of the occurrence of any default hereunder with respect to the Securities of any series, the Trustee shall transmit by mail to all Holders of Securities of such series, as their names and addresses appear in the Securities Security Register, notice of such defaultdefault hereunder known to the Trustee, unless such default shall have been cured or waived; provided, however, that, except in the case of a default in the payment of the principal of (or premium, if any) or interest (including any Additional Interest) on any Security of such series or in the payment of any sinking fund installment with respect to Securities of such series, the 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 or Responsible Officers of the Trustee in good faith determines that the withholding of such notice is in the interests interest of the Holders of Securities of such series; and provided, provided further, thathowever, that in the case of any default of the character specified in Section 5.1(3)501(4) with respect to Securities of such series, no such notice to Holders of Securities of such series shall be given until at least 30 days after the occurrence thereof. For the purpose of this Section, the term "be

Appears in 2 contracts

Samples: Indenture (Nelnet Inc), Nelnet Inc

Notice of Defaults. Within 90 days after actual knowledge by a Responsible Officer of the Trustee of the occurrence of any default hereunder with respect to the Securities of any series, the Trustee shall transmit by mail to all Holders of Securities of such series, as their names and addresses appear in the Securities Security Register, notice of such defaultdefault hereunder known to the Trustee, unless such default Default shall have been cured or waived; provided, however, that, except in the case of a default Default in the payment of the principal of (or premium, if any) any premium or interest (including any Additional Interest) on any Security of such series or in the payment of any sinking fund installment with respect to Securities of such series, the 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 Trustee in good faith determines determine that the withholding of such notice is in the interests interest of the Holders of Securities of such series; and and, provided, further, that, that in the case of any default Default of the character specified in Section 5.1(3)501(3) with respect to Securities of such series, no such notice to Holders of Securities of such series shall be given until at least 30 90 days after the occurrence thereof. For the purpose of this Section, the term ".

Appears in 2 contracts

Samples: Indenture (Weatherford International Inc /New/), Weatherford International Inc /New/

Notice of Defaults. Within 90 days after actual knowledge by a Responsible Officer of the Trustee of the occurrence of any default hereunder with respect to the Securities of any series, the Trustee shall transmit by mail to all Holders of Securities of such series, as their names and addresses appear in the Securities Register, notice of such defaultdefault hereunder known to the Trustee, unless such default shall have been cured or waived; provided, however, that, except in the case of a default in the payment of the principal of (or premium, if any) or interest (including any Additional Interest) on any Security of such series, the 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 Trustee in good faith determines that the withholding of such notice is in the interests of the Holders of Securities of such series; and provided, further, that, in the case of any default of the character specified in Section 5.1(3), no such notice to Holders of Securities of such series shall be given until at least 30 days after the occurrence thereof. For the purpose of this Section, the term "

Appears in 2 contracts

Samples: Liberty Financial Capital Trust Ii, Sierra Pacific Resources Capital Trust Ii

Notice of Defaults. Within 90 days after actual knowledge by a Responsible Officer of the Trustee of the occurrence of any default hereunder with respect to the Securities of any series, the Trustee shall transmit by mail to all Holders of Securities of such series, as their names and addresses appear in the Securities Register, notice of such defaultdefault hereunder known to the Trustee, unless such default shall have been cured or waived; provided, however, that, except in the case of a default in the payment of the principal of (or premium, if any) or interest (including any Additional Interest) on any Security of such series, the 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 Trustee in good faith determines that the withholding of such notice is in the interests of the Holders of Securities of such series; and provided, further, provided further that, in the case of any default of the character specified in Section 5.1(35.01(d), no such notice to Holders of Securities of such series shall be given until at least 30 days after the occurrence thereof. For the purpose of this Section, the term "

Appears in 2 contracts

Samples: Securities Indenture (Western Wireless Corp), Securities Indenture (Western Wireless Corp)

Notice of Defaults. Within 90 days after actual knowledge by a Responsible Officer of the Trustee of the occurrence of any default hereunder with respect to the Securities of any series, the Trustee shall transmit by mail to all Holders of Securities of such series, as their names and addresses appear in the Securities Registerseries entitled to receive reports pursuant to Section 7.3(3), notice of such defaultdefault hereunder actually known to a Responsible Officer of the Trustee, unless such default shall have been cured or waived; provided, however, that, except in the case of a default in the payment of the principal of (or premium, if any) ), or interest (including interest, if any, on, or Additional Amounts or any Additional Interest) on sinking fund or purchase fund installment with respect to, any Security of such series, the 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 Trustee in good faith determines that the withholding of such notice is in the interests best interest of the Holders of Securities and Coupons of such series; and provided, further, that, that in the case of any default of the character specified in Section 5.1(3)5.1(4) or Section 5.1(5) with respect to Securities of such series, no such notice to Holders of Securities of such series shall be given until at least 30 60 days after the occurrence thereof. For the purpose of this Section, the term "

Appears in 2 contracts

Samples: Indenture (Renaissancere Holdings LTD), Renaissancere Holdings LTD

Notice of Defaults. Within 90 days after actual knowledge by a Responsible Officer of the Trustee of the occurrence of any default hereunder with respect to the Securities of any series, the Trustee shall transmit by mail to all Holders of Securities of such series, as their names and addresses appear in the Securities Security Register, notice of such defaultdefault hereunder actually known to a Responsible Officer of the Trustee or for which the Trustee has received written notice of the event constituting such default at its Corporate Trust Office, unless such default shall have been cured or waived; provided, however, provided that, except in the case of a default in the payment of the principal of (or premium, if any) or interest (including any Additional Interest) on any Security of such series or in the payment of any sinking fund installment with respect to Securities of such series, the 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 Officer of the Trustee in good faith determines that the withholding of such notice is in the interests interest of the Holders of Securities of such series; and provided, further, that, that in the case of any default of the character specified in Section 5.1(3)5.1(4) with respect to Securities of such series, no such notice to Holders of Securities of such series shall be given until at least 30 days after the occurrence thereof. For the purpose of this Section, the term "

Appears in 2 contracts

Samples: Travelers Property Casualty Corp, Travelers Property Casualty Corp

Notice of Defaults. Within 90 ninety (90) days after actual knowledge by a Responsible Officer of the Trustee of the occurrence of any default hereunder with respect to the Securities of any series, the Trustee shall transmit by mail to all Holders of Securities of such series, as their names and addresses appear in the Securities Register, notice of such default, unless such default shall have been cured or waived; provided, however, that, except in the case of a default in the payment of the principal of (or premium, if any) or interest (including any Additional Interest) on any Security of such series, the 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 Trustee in good faith determines that the withholding of such notice is in the interests of the Holders of Securities of such series; and provided, further, that, in the case of any default of the character specified in Section 5.1(3), no such notice to Holders of Securities of such series shall be given until at least 30 thirty (30) days after the occurrence thereof. For the purpose of this Section, the term "

Appears in 2 contracts

Samples: Compass Trust Iii, Compass Bancshares Inc

Notice of Defaults. Within 90 days after actual knowledge by a Responsible Officer of the Trustee of the occurrence of any default Default hereunder with respect to the Securities of any series, the Trustee shall transmit by mail to all Holders of Securities of such seriesHolders, as their names and addresses appear in the Securities Security Register, notice of such defaultdefault hereunder known to the Trustee, unless such default Default shall have been cured or waived; provided, however, that, except in the case of a default in the payment of the principal of (or premium, if any) or interest (including any Additional Interest) interest, if any, on any Security of such series or in the payment of any sinking fund installment with respect to Securities of such series, the 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 Trustee in good faith determines that the withholding of such notice is in the interests interest of the Holders of Securities of such seriesseries and any related coupons; and provided, further, that, provided further that in the case of any default or breach of the character specified in Section 5.1(3)501(4) with respect to Securities of such series, no such notice to Holders of Securities of such series shall be given until at least 30 days after the occurrence thereof. For the purpose of this Section, the term ".

Appears in 2 contracts

Samples: CSC Holdings Inc, CSC Holdings Inc

Notice of Defaults. Within 90 calendar days after actual knowledge by the occurrence of any default hereunder, the Trustee shall transmit in the manner and to the extent provided in TIA Section 313(c), notice of such default hereunder known to a Responsible Officer of the Trustee of the occurrence of any default hereunder with respect to the Securities of any series, the Trustee shall transmit by mail to all Holders of Securities of such series, as their names and addresses appear in the Securities Register, notice of such defaultTrustee, unless such default shall have been cured or waived; provided, however, that, except in the case of a default in the payment of the principal of (or and premium, if any) or interest and Interest (including any Additional Interestthe Redemption Price upon redemption pursuant to Article 11) on any Security of such a particular series, the 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 Trustee in good faith determines determine that the withholding of such notice is in the interests of the Holders of the Securities of such series; and provided, further, that, provided further that in the case of any default or breach with respect to Securities of any series of the character specified in Section 5.1(3501(6), no such notice to Holders of Securities of such series shall be given until at least 30 60 days after the occurrence thereof. For the purpose of this Section, the term ".

Appears in 2 contracts

Samples: Indenture (Columbia Property Trust Operating Partnership, L.P.), Columbia Property Trust, Inc.

Notice of Defaults. Within 90 days after actual knowledge by a Responsible Officer of the Trustee of the occurrence of any default hereunder with respect to the Securities of any series, the Trustee shall transmit by mail to all Holders of Securities of such series, as their names and addresses appear in the Securities Registerseries entitled to receive reports pursuant to Section 1003(c), notice of such defaultany default hereunder known to the Trustee, unless such default shall have been cured or and waived; provided, however, that, except in the case of a default in the payment of the principal of (or premium, if any) , or interest (including any Additional Interest) interest, if any, on any Security of such series or in the payment of any sinking fund installment with respect to Securities of such series, the 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 or Responsible Officers of the Trustee in good faith determines determine that the withholding of such notice is in the interests interest of the Holders of Securities of such series; and provided, further, that, that in the case of any default of the character specified in Section 5.1(3)801(c) with respect to Securities of such series, no such notice to Holders of Securities of such series shall be given until at least 30 75 days after the occurrence thereof. For the purpose of this Section, the term "

Appears in 2 contracts

Samples: Agl Capital Trust Iii, Agl Resources Inc

Notice of Defaults. Within 90 days after actual knowledge by a Responsible Officer of the Trustee of the occurrence of any default hereunder with respect to the Securities of any series, the Trustee shall transmit by mail to all Holders of Securities of such series, as their names and addresses appear in the Securities Security Register, notice of such defaultdefault hereunder known to the Trustee, unless such default shall have been cured or waived; provided, however, that, except in the case of a default in the payment of the principal of (or premium, if any) or interest (including any Additional Interest) on any Security of such series or in the payment of any sinking fund installment with respect to Securities of such series, the 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 Trustee in good faith determines determine that the withholding of such notice is in the interests interest of the Holders of Securities of such series; and provided, further, that, that in the case of any default of the character specified in Section 5.1(3)501(4) with respect to Securities of such series, no such notice to Holders of Securities of such series shall be given until at least 30 60 days after the occurrence thereof. For the purpose of this Section, the term "

Appears in 2 contracts

Samples: Indenture (Anadarko Petroleum Capital Trust Iii), Anadarko Petroleum Capital Trust Iii

Notice of Defaults. Within 90 days after actual knowledge by a Responsible Officer of the Trustee of the occurrence of any default hereunder with respect to the Securities of any series, the Trustee shall transmit by mail to all Holders of Securities of such series, as their names and addresses appear in the Securities Register, notice of such default, unless such default shall have been cured or waived; provided, however, that, except in the case of a default in the payment of the principal of (or premium, if any) or interest (including any Additional Interest) on any Security of such series, the 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 Trustee in good faith determines that the withholding of such notice is in the interests of the Holders of Securities of such series; and provided, further, that, in the case of any default of the character specified in Section 5.1(3), no such notice to Holders of Securities of such series shall be given until at least 30 days after the occurrence thereof. For the purpose of this Section, the term "default" means any event that is, or after notice or lapse of time or both would become, an Event of Default with respect to Securities of such series.

Appears in 1 contract

Samples: Indenture (Banponce Corp)

Notice of Defaults. Within 90 days after the Trustee has actual knowledge by a Responsible Officer of the Trustee of the occurrence of any default hereunder with respect to the Securities of any series, the Trustee shall transmit by mail to all Holders of Securities of such series, as their names and addresses appear in the Securities Register, notice of such defaultdefault hereunder actually known to the Trustee, unless such default shall have been cured or waived; provided, however, that, except in the case of a default in the payment of the principal of (or premium, if any) ), or interest (including interest, if any, on, or Additional Amounts or any Additional Interest) on sinking fund installment with respect to, any Security of such seriesseries or in the conversion or exchange of any Security of such series into Common Stock or other securities or property in accordance with its terms, the 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 Trustee it in good faith determines that the withholding of such notice is in the interests best interest of the Holders of Securities of such series; and provided, further, that, that in the case of any default of the character specified in Section 5.1(3)501(5) with respect to Securities of such series, no such notice to Holders of Securities of such series shall be given until at least 30 days after the occurrence thereof. For the purpose of this Section, the term "

Appears in 1 contract

Samples: Abb LTD

Notice of Defaults. Within 90 days after actual knowledge by a Responsible Officer of the Trustee of the occurrence of any default hereunder with respect to the Securities of any series, the Trustee shall transmit by mail to all Holders of Securities of such series, as their names and addresses appear in the Securities Security Register, notice of such defaultdefault hereunder actually known to a Responsible Officer of the Trustee, unless such default shall have been cured or waived; provided, however, that, except in the case of a default in the payment -------- ------- of the principal of (or premium, if any) or interest (including any Additional Interest) on any Security of such series or in the payment of any sinking fund installment with respect to Securities of such series, the 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 Trustee in good faith determines determine that the withholding of such notice is in the interests of the Holders of Securities of such series; and provided, further, that, that in the case of -------- ------- any default of the character specified in Section 5.1(3)501(4) with respect to Securities of such series, no such notice to Holders of Securities of such series shall be given until at least 30 days after the occurrence thereof. For the purpose of this Section, the term "term

Appears in 1 contract

Samples: Hilfiger Tommy Corp

Notice of Defaults. Within 90 days after actual knowledge by a Responsible Officer of the Trustee of the occurrence of any default hereunder with respect to the Securities of any series, the Trustee shall transmit by mail to all Holders of Securities of such series, as their names and addresses appear in the Securities Register, notice of such default, unless such default shall have been cured or waived; provided, however, that, except in the case of a default in the payment of the principal of (or and premium, if any) or interest (including any Additional Interest, if any) on any Security of such series, the 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 Trustee in good faith determines that the Company has properly deferred interest payments during an Extension Period, or that the withholding of such notice is in the interests of the Holders of Securities of such series; and provided, provided further, that, in the case of any default of the character specified in Section 5.1(3), no such notice to Holders of Securities of such series shall be given until at least 30 days after the occurrence thereof. For the purpose of this Section, the term "

Appears in 1 contract

Samples: Assuranceamerica Corp

Notice of Defaults. Within 90 days after actual knowledge by a Responsible Officer of the Trustee of the occurrence of any default hereunder with respect to the Securities of any series, the Trustee shall transmit by mail to all Holders of Securities of such series, as their names and addresses appear in the Securities Register, notice of such default, unless such default shall have been cured or waived; provided, however, that, except in the case of a default in the payment of the principal of (or and premium, if any) or interest (including any Additional Interest, if any) on any Security of such series, the 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 Trustee in good faith determines that the Company has properly deferred interest payments during an Extension Period, or that the withholding of such notice is in the interests of the Holders of Securities of such series; and provided, provided further, that, in the case of any default of the character specified in Section 5.1(3), no such notice to Holders of Securities of such series shall be given until at least 30 days after the occurrence thereof. For the purpose of this Section, the term "

Appears in 1 contract

Samples: Gainsco Inc

Notice of Defaults. Within 90 days after actual knowledge by a Responsible Officer of the Trustee of the occurrence of any default hereunder with respect to the Securities of any series, the Trustee shall transmit by mail to all Holders of Securities of such series, as their names and addresses appear in the Securities Security Register, notice of such defaultdefault hereunder actually known by a Responsible Officer of the Trustee, unless such default shall have been cured or waived; provided, however, that, except in the case of a default in the payment of the principal of principal, premium (or premium, if any) or interest (including any Additional Interest) on any Security of such series or in the payment of any sinking fund installment with respect to the Securities of such series, the 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 the board of directors and/or Responsible Officers of the Trustee in good faith determines determine that the withholding of such notice is in the interests of the Holders of the Securities of such series; and provided, further, that, that in the case of any default of the character specified in Section 5.1(3)501(4) with respect to the Securities of such series, no such notice to Holders of Securities of such series shall be given until at least 30 60 days after the occurrence thereof. For the purpose of this Section, the term "

Appears in 1 contract

Samples: Richfood Holdings Inc

Notice of Defaults. Within 90 days after actual knowledge by a Responsible Officer of the Trustee of the occurrence of any default hereunder with respect to the Securities of any series, the Trustee shall transmit by mail to all Holders of Securities of such series, as their names and addresses appear in the Securities Security Register, notice of such defaultdefault hereunder known to the Trustee, unless such default shall have been cured or waived; provided, however, that, except in the case of a default in the payment of the principal of (or premium, if any) or interest (including any Additional Interest) on any Security of such series or in the payment of any sinking fund installment with respect to Securities of such series, the 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 or Responsible Officers of the Trustee in good faith determines that the withholding of such notice is in the interests interest of the Holders of Securities of such series; and provided, further, that, that in the case of any default of the character specified in Section 5.1(3), no such notice 501(3) with respect to Holders of Securities of such series shall be given until at least 30 days after the occurrence thereof. For the purpose of this Section, the term "Securities

Appears in 1 contract

Samples: Mediacom Capital Corp

Notice of Defaults. Within 90 days after actual knowledge by a Responsible Officer of the Trustee of the occurrence of any default hereunder with respect to the Securities of any series, the Trustee shall transmit by mail to all Holders of Securities of such series, as their names and addresses appear in the Securities Security Register, notice of such defaultdefault hereunder known to the Trustee, unless such default shall have been cured or waived; provided, however, that, except in the case of a default in the payment of the principal of (or premium, if any) or interest (including any Additional Interest) on any Security of such series or in the payment of any sinking fund installment with respect to Securities of such series, the 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 or Responsible Officers of the Trustee in good faith determines that the withholding of such notice is in the interests interest of the Holders of Securities of such series; and provided, further, that, that in the case of any default of the character specified in Section 5.1(3)501(4) with respect to Securities of such series, no such notice to Holders of Securities of such series shall be given until at least 30 days after the occurrence thereof. For the purpose of this Section, the term "

Appears in 1 contract

Samples: Great Atlantic & Pacific Tea Co Inc

Notice of Defaults. Within 90 days after actual knowledge by a Responsible Officer of the Trustee of the occurrence of any default hereunder with respect to the Securities of any series, the Trustee shall transmit by mail to all Holders of Securities of such series, as their names and addresses appear in the Securities Registerseries entitled to receive reports pursuant to Section 703(c), notice of such defaultdefault hereunder known to the Trustee, unless such default shall have been cured or waived; , provided, however, that, except in the case of a default in the payment of the principal of (or and premium, if any) or interest (including any Additional Interest) on any Security of such series or in the payment of any sinking fund installment with respect to Securities of such series, the 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 Trustee in good faith determines determine that the withholding of such notice is in the interests of the Holders of Securities and coupons of such series; and provided, further, that, that in the case of any default of the character specified in Section 5.1(3)501(4) with respect to Securities of such series, no such notice to Holders of Securities of such series shall be given until at least 30 days after the occurrence thereof. For the purpose of this Section, the term "

Appears in 1 contract

Samples: Indenture (Valero Energy Corp/Tx)

Notice of Defaults. Within 90 days after actual knowledge by a Responsible Officer of the Trustee of the occurrence of any default hereunder with respect to the Securities of any series, the Trustee shall transmit by mail to all Holders of Securities of such series, as their names and addresses appear in the Securities Security Register, notice of such defaultdefault hereunder known to the Trustee, unless such default shall have been cured or waived; provided, provided however, that, except in the case of a default in the payment of the principal of (or premium, if any) or interest (including any Additional Interest) on any Security of such series or in the payment of any sinking fund installment with respect to Securities of such series, the 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 Trustee in good faith determines determine that the withholding of such notice is in the interests interest of the Holders of Securities of such series; and provided, further, that, that in the case of any default of the character specified in Section 5.1(3)501(5) with respect to Securities of such series, no such notice to Holders of Securities of such series shall be given until at least 30 days after the occurrence thereof. For the purpose of this Section, the term "

Appears in 1 contract

Samples: Fingerhut Companies (Fingerhut Companies Inc)

Notice of Defaults. Within 90 days after actual knowledge by a Responsible Officer of the Trustee of the occurrence has received written notice of any default hereunder with respect to the Securities of any series, the Trustee shall transmit by mail to all Holders of Securities of such series, as their names and addresses appear in the Securities Security Register, notice of such defaultdefault hereunder known to the Trustee, unless such default shall have been cured or waived; provided, however, that, except in the case of a default in the payment of the principal of (or premium, if any) or interest (including any Additional Interest) interest, if any, on any Security of such series, or in the payment of any sinking fund installment with respect to Securities of such series, the 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 Trustee in good faith determines determine that the withholding of such notice is in the interests of the Holders of Securities of such series; and provided, further, that, provided further that in the case of any default of the character specified in Section 5.1(3)5.1(d) with respect to Securities of such series, no such notice to Holders of Securities of such series shall be given until at least 30 days after the occurrence thereof. For the purpose of this SectionSection 6.2, the term "default," with respect to Securities of any series, means any event which is, or after notice or lapse of time or both would become, an Event of Default with respect to Securities of such series.

Appears in 1 contract

Samples: Indenture (Texas New Mexico Power Co)

Notice of Defaults. Within 90 days after actual knowledge by ------------------ a Responsible Officer of the Trustee of the occurrence of any default hereunder with respect to the Securities of any series, the Trustee shall transmit by mail to all Holders of Securities of such series, as their names and addresses appear in the Securities Register, notice of such defaultdefault hereunder known to a Responsible Officer of the Trustee, unless such default shall have been cured or waived; provided, however, that, except in the case of a default in the payment of the principal of (or premium, if any) or interest (including any Additional Interest) on any Security of such series, the Trustee shall be fully 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 Trustee in good faith determines that the withholding of such notice is in the interests of the Holders of Securities of such series; and provided, further, however, that, in the case of any default of the character specified in Section 5.1(35.01(3), no such notice to Holders of Securities of such series shall be given until at least 30 days after the occurrence thereof. For the purpose of this Section, the term "of

Appears in 1 contract

Samples: Commonwealth Bankshares Inc

Notice of Defaults. Within 90 days after actual knowledge by a Responsible Officer of the Trustee of the occurrence of any default hereunder with respect to the Securities of any series, the Trustee shall transmit by mail to all Holders of Securities of such series, as their names and addresses appear in the Securities Register, series notice of such defaultdefault hereunder known to the Trustee, unless such default shall have been cured or waived; provided, however, that, except in the case of a default in the payment of the principal of (or premium, if any) or interest (including any Additional Interest) interest, if any, on any Security of such series or in the payment of any sinking fund installment with respect to Securities of such series, the 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 or a Responsible Officers Officer of the Trustee in good faith determines determine that the withholding of such notice is in the interests interest of the Holders of Securities of such series; and provided, further, that, that in the case of any default of the character specified in Section 5.1(3), no such notice 501(4) with respect to Holders of Securities of such series shall be given until at least 30 days after the occurrence thereof. For the purpose of this Sectionseries, the term "no 119

Appears in 1 contract

Samples: Midamerican Funding LLC

Notice of Defaults. Within 90 days after actual knowledge by a Responsible Officer of the Trustee of the occurrence of any default hereunder with respect to the Securities of any series, the Trustee shall transmit by mail to all Holders of Securities of such series, as their names and addresses appear series in the Securities Registermanner and to the extent provided in Section 703(c), notice of such defaultdefault hereunder known to the Trustee, unless such default shall have been cured or waived; provided, however, that, except in the case of a default in the payment of the principal of (or premium, if any) any premium or interest (including any Additional Interest) on any Security of such series or in the payment of any sinking fund installment with respect to Securities of such series, the 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 or Responsible Officers of the Trustee in good faith determines that the withholding of such notice is in the interests interest of the Holders of Securities of such series; and provided, further, that, that in the case of any default of the character specified in Section 5.1(3)501(4) with respect to Securities of such series, no such notice to Holders of Securities of such series shall be given until at least 30 60 days after the occurrence thereof. For the purpose of this Section, the term "

Appears in 1 contract

Samples: Indenture (Regions Financial Corp)

Notice of Defaults. Within 90 days after actual knowledge by a Responsible Officer of the Trustee of the occurrence of any default hereunder with respect to the Securities of any series, series the Trustee shall transmit by mail to all Holders of Securities of such series, as their names and addresses appear in the Securities Security Register, notice of such defaultdefault hereunder known to the Trustee, unless such default shall have been cured or waived; provided, however, that, that except in the case of a default in the payment of the principal of (or premium, if any) or interest (including any Additional Interest) interest, if any, on any Security of such series or in the payment of any sinking fund installment with respect to Securities of such series, the 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 or Responsible Officers of the Trustee in good faith determines determine that the withholding of such notice is in the interests interest of the Holders of Securities of such series; and provided, further, that, that in the case of any default of the character specified in Section 5.1(3)501(4) with respect to Securities of such series, no such notice to Holders of Securities of such series shall be given until at least 30 60 days after the occurrence thereof. For the purpose of this Section, the term "

Appears in 1 contract

Samples: Nordstrom Credit Inc

Notice of Defaults. Within 90 days after actual knowledge by a Responsible Officer of the Trustee of the occurrence of any default hereunder with respect to the Securities of any series, the Trustee shall transmit by mail to all Holders of Securities of such series, as their names and addresses appear in the Securities Register, notice of such defaultdefault hereunder known to a Responsible Officer of the Trustee, unless such default shall have been cured or waived; provided, however, that, except in the case of a default in the payment of the principal of (or premium, if any) or interest (including any Additional Interest) on any Security of such series, the Trustee shall be fully 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 Trustee in good faith determines that the withholding of such notice is in the interests of the Holders of Securities of such series; and provided, further, however, that, in the case of any default of the character specified in Section 5.1(35.01(3), no such notice to Holders of Securities of such series shall be given until at least 30 days after the occurrence thereof. For the purpose of this Section, the term "until

Appears in 1 contract

Samples: North Fork Capital Trust I

Notice of Defaults. Within 90 days after actual knowledge by a Responsible Officer of the Trustee of the occurrence of any default hereunder with respect to the Securities of any series, the Trustee shall transmit by mail to all Holders of Securities of such series, as their names and addresses appear in the Securities Register, notice of such default, unless such default shall have been cured or waived; provided, however, that, except in the case of a default in the payment of the principal of (or premium, if any) or interest (including any Additional Interest) on any Security of such series, the 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 Trustee in good faith determines that the withholding of such notice is in the interests of the Holders of Securities of such series; and provided, provided further, that, in the case of any default of the character specified in Section 5.1(35.1(c), no such notice to Holders of Securities of such series shall be given until at least 30 days after the occurrence thereof. For the purpose of this Section, the term "series

Appears in 1 contract

Samples: PNC Capital Trust F

Notice of Defaults. Within 90 days after actual knowledge by a Responsible Officer of the Trustee of the occurrence of any default hereunder with respect to the Securities of any series, the Trustee shall transmit by mail to all Holders of Securities of such series, as their names and addresses appear in the Securities Security Register, notice of such defaultdefault hereunder known to the Trustee, unless such default shall have been cured or waived; provided, however, that, except in the case of a default in the payment of the principal of (or premium, if any) or interest (including any Additional Interest) on any Security of such series or in the payment of any sinking fund or analogous obligation instalment with respect to Securities of such series, the 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 or Responsible Officers of the Trustee in good faith determines determine that the withholding of such notice is in the interests interest of the Holders of Securities of such series; and provided, further, that, that in the case of any default of the character specified in Section 5.1(3)6.01(4) with respect to Securities of such series, no such notice to Holders of Securities of such series shall be given until at least 30 days after the occurrence thereof. For the purpose of this Section, the term "

Appears in 1 contract

Samples: Indenture (Century Communications Corp)

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