Notice of Defaults. If a Default or Event of Default occurs and is continuing and if it is known to the Trustee, the Trustee will mail to Holders a notice of the Default or Event of Default within ninety (90) days after it occurs. Except in the case of a Default or Event of Default in payment of principal of, premium, Additional Amounts, if any, or interest on, any Note, the Trustee shall not be deemed to have such actual knowledge and may withhold the notice if and so long as a committee of its Responsible Officers in good faith determines that withholding the notice is in the interests of the Holders.
Appears in 20 contracts
Samples: Indenture (STUDIO CITY INTERNATIONAL HOLDINGS LTD), Indenture (Melco Resorts & Entertainment LTD), Indenture (STUDIO CITY INTERNATIONAL HOLDINGS LTD)
Notice of Defaults. If a Default or Event of Default occurs and is continuing and if it is known to the Trusteea Trust Officer has actual knowledge thereof, the Trustee will shall mail to Holders a each Holder notice of the Default or Event of Default within ninety (90) 90 days after it occursthe occurrence thereof. Except in the case of a Default or Event of Default in payment of principal of, premium, Additional Amountsor interest on any Note (including payments pursuant to the optional redemption or required repurchase provisions of such Note, if any, or interest on, any Note), the Trustee shall not be deemed to have such actual knowledge and may withhold the notice if and so long as a committee of its Responsible Trust Officers in good faith determines that withholding the notice is in the interests of the Holders.
Appears in 19 contracts
Samples: Indenture (Cemex Sab De Cv), Indenture (Cemex Sab De Cv), Indenture (Cemex Sab De Cv)
Notice of Defaults. If a Default or an Event of Default occurs and is continuing and if it is either known to by, or written notice of the existence thereof has been delivered to, a Responsible Officer of the Trustee, the Trustee will shall mail to Holders a each Noteholder notice of the Default or Event of Default within ninety (90) 30 days after it such knowledge or notice occurs. Except in the case of a Default or Event of Default in payment of principal of, premium, Additional Amountsof or interest on any Note (including payments pursuant to the mandatory redemption provisions of such Note, if any, or interest on, any Note), the Trustee shall not be deemed to have such actual knowledge and may withhold the notice if and so long as a committee of its Responsible Officers in good faith determines that withholding the notice is in the interests of the HoldersNoteholders.
Appears in 16 contracts
Samples: Indenture (Consumer Portfolio Services Inc), Indenture (Consumer Portfolio Services Inc), Indenture (Consumer Portfolio Services Inc)
Notice of Defaults. If a Default or Event of Default occurs and is continuing and if it is known to the Trusteea Trust Officer has actual knowledge thereof, the Trustee will shall mail to Holders a each Holder notice of the Default or Event of Default within ninety (90) 90 days after it occursthe occurrence thereof. Except in the case of a Default or Event of Default in payment of principal of, premium, Additional Amountsof or interest on any Note (including payments pursuant to the optional redemption or required repurchase provisions of such Note, if any, or interest on, any Note), the Trustee shall not be deemed to have such actual knowledge and may withhold the notice if and so long as a committee of its Responsible Trust Officers in good faith determines that withholding the notice is in the interests of the Holders.
Appears in 14 contracts
Samples: Indenture (Mexican Cellular Holding, Inc.), Indenture (Iusacell S a De C V), Indenture (Alliance One International, Inc.)
Notice of Defaults. If a Default or Event of Default occurs and is continuing and if it is known to the Trustee, then the Trustee will mail to send Holders a notice of the such Default or Event of Default within ninety (90) days after it occurs. Except occurs or, if it is not known to the Trustee at such time, promptly (and in any event within ten (10) Business Days) after it becomes known to a Responsible Officer; provided, however, that, except in the case of a Default or Event of Default in the payment of the principal of, premium, Additional Amounts, if any, or interest on, any Note, the Trustee shall not be deemed to have such actual knowledge and may withhold the such notice if and for so long as a committee of its Responsible Officers it in good faith determines that withholding the such notice is in the interests of the Holders.
Appears in 11 contracts
Samples: Indenture (Haemonetics Corp), Indenture (Sabre Corp), Indenture (Progenity, Inc.)
Notice of Defaults. If a Default or Event of Default occurs and is continuing and if it is known to the Trustee, the Trustee will mail to Holders of Securities of any Series a notice of the Default or Event of Default within ninety (90) 90 days after it occursbecomes aware of the Default or Event of Default. Except in the case of a Default or Event of Default in payment of principal of, premium, Additional Amountspremium on, if any, or and interest on, if any, any NoteSecurities of such Series, the Trustee shall not be deemed to have such actual knowledge and may withhold the notice if and so long as a committee of its Responsible Officers in good faith determines that withholding the notice is in the interests of the HoldersHolders of the Securities of such Series.
Appears in 10 contracts
Samples: Indenture (Gray Television Licensee, LLC), Indenture (WVLT-TV, Inc.), Indenture (Toreador Resources Corp)
Notice of Defaults. If a Default or Event of Default occurs and is continuing and if it is known to the TrusteeTrustee has notice or knowledge thereof as provided in Section 7.2(j), the Trustee will mail shall deliver to Holders a notice of the Default or Event of Default within ninety (90) 90 days after it occurs. Except in the case of a Default or Event of Default in payment of principal of, premium, Additional Amounts, if any, or interest on, on any Note, the Trustee shall not be deemed to have such actual knowledge and may withhold the notice if and so long as the board of directors, the executive committee or a trust committee of its directors or Responsible Officers of the Trustee in good faith determines that the withholding the of such notice is in the interests interest of the Holders.
Appears in 10 contracts
Samples: Indenture (Group 1 Automotive Inc), Indenture (MasterBrand, Inc.), Indenture (Brinker International, Inc)
Notice of Defaults. If a Default or Event of Default occurs and is continuing and if it is known to the Trustee, the Trustee will shall mail to Holders a each Noteholder notice of the Default or Event of Default within ninety (90) 90 days after it occurs. Except in the case of a Default or Event of Default in payment of principal of, or premium, Additional Amounts, if any, or interest onon the Senior Notes, any Noteor that resulted from the failure of the Company to comply with Section 5.1, the Trustee shall not be deemed to have such actual knowledge and may withhold the notice if and so long as a committee of its Responsible Trust Officers in good faith determines that withholding the notice is it to be in the best interests of the Holdersholders of the Senior Notes to do so.
Appears in 8 contracts
Samples: Indenture (Superior Telecommunications Inc), Indenture (Genesis Health Ventures Inc /Pa), Indenture (Genesis Health Ventures Inc /Pa)
Notice of Defaults. If a Default or Event of Default occurs and is continuing and if it is known to the Trustee, the Trustee will mail shall give to Holders each Holder a notice of the Default or Event of Default within ninety (90) 90 days after it occursoccurs in the manner and to the extent provided in the TIA and otherwise as provided in this Indenture. Except in the case of a Default or Event of Default in payment of the principal of, premium, Additional Amounts, if any, of or interest on, on any NoteNote (including payments pursuant to a redemption or repurchase of the Notes pursuant to the provisions of this Indenture), the Trustee shall not be deemed to have such actual knowledge and may withhold the notice if and so long as a committee of its Responsible Officers in good faith determines that withholding the notice is in the interests of the Holders.
Appears in 7 contracts
Samples: Indenture (1295728 Alberta ULC), Indenture (Spansion Inc.), Indenture (Intertape Woven Products Services S.A. De C.V.)
Notice of Defaults. If a Default or Event of Default occurs and is continuing and if it is known to a Responsible Officer of the Trustee, the Trustee will shall mail to Holders a each holder notice of the Default or Event of Default within ninety (90) 60 days after it occursthe Trustee first has knowledge of such Default. Except in the case of a Default or Event of Default in payment of principal of, or premium, Additional Amounts, if any, or interest on, on any Note, the Trustee shall not be deemed to have such actual knowledge and may withhold the notice if and so long as a the executive committee or any trust committee of the board of directors of the Trustee and/or its Responsible Officers in good faith determines determine(s) that withholding the notice is in the interests of the Holdersholders.
Appears in 6 contracts
Samples: Indenture (Skyterra Communications Inc), Indenture (Skyterra Communications Inc), Indenture (Skyterra Communications Inc)
Notice of Defaults. If a Default or Event of Default occurs and is continuing and if it is known to the Trusteea Trust Officer has actual knowledge thereof, the Trustee will mail shall deliver to Holders a each Holder notice of the Default or Event of Default within ninety (90) 90 days after it occursthe occurrence thereof. Except in the case of a Default or Event of Default in payment of principal of, premium, Additional Amountsor interest on any Note (including payments pursuant to the optional redemption or required repurchase provisions of such Note, if any, or interest on, any Note), the Trustee shall not be deemed to have such actual knowledge and may withhold the notice if and so long as a committee of its Responsible Trust Officers in good faith determines that withholding the notice is in the interests of the Holders.
Appears in 6 contracts
Samples: Indenture (Cemex Sab De Cv), Indenture (Cemex Sab De Cv), Indenture (Cemex Sab De Cv)
Notice of Defaults. If a Default or Event of Default occurs and is continuing and if it is actually known to a Responsible Officer of the Trustee, the Trustee will shall electronically deliver or mail to Holders of Notes a notice of the Default or Event of Default within ninety (90) 90 days after it occursis known to a Responsible Officer of the Trustee, unless such Default shall have been waived or cured. Except in the case of a Default or Event of Default in relating to the payment of principal ofprincipal, premium, Additional Amounts, if any, or interest on, on any Note, the Trustee shall not be deemed to have such actual knowledge and may withhold from the Holders notice of any continuing Default if and so long as a committee of its Responsible Officers it determines in good faith determines that withholding the notice is in the interests of the HoldersHolders of the Notes.
Appears in 6 contracts
Samples: Indenture (Organon & Co.), Indenture (Organon & Co.), Indenture (Healthcare Royalty, Inc.)
Notice of Defaults. If a Default or Event of Default occurs and is continuing Continuing and if it is known to the Trustee, the Trustee will mail to Holders of Notes a notice of the Default or Event of Default within ninety (90) 90 days after it occursthe Trustee obtains knowledge thereof. Except in the case of a Default or Event of Default in payment of principal of, premium, Additional Amountspremium on, if any, or interest or Additional Interest, if any, on, any Note, the Trustee shall not be deemed to have such actual knowledge and may withhold the notice if and so long as a committee of its Responsible Officers in good faith determines that withholding the notice is in the interests of the HoldersHolders of the Notes.
Appears in 6 contracts
Samples: Indenture (Acadia Healthcare Company, Inc.), Indenture (Acadia Healthcare Company, Inc.), Indenture (Acadia Healthcare Company, Inc.)
Notice of Defaults. If a Default or Event of Default occurs and is continuing and if it is known to the Trustee, the Trustee will mail to Holders of the Notes a notice of the Default or Event of Default within ninety (90) 90 days after it occursthe Trustee becomes aware of any such Default or Event of Default. Except in the case of a Default or Event of Default in payment of principal of, premium, Additional Amountsif any, on, and interest, if any, or interest on, any Note, the Trustee shall not be deemed to have such actual knowledge and may withhold the notice if and so long as a committee of its Responsible Officers in good faith determines that withholding the notice is in the interests of the HoldersHolders of the Notes.
Appears in 6 contracts
Samples: Indenture (Parsley Energy, Inc.), Indenture (Parsley Energy, Inc.), Indenture (Parsley Energy, Inc.)
Notice of Defaults. If a Default or Event of Default occurs and is continuing and if it is known to the Trustee, the Trustee will shall mail to Holders a notice of the Default or Event of Default within ninety (90) 90 days after it occursoccurs unless such Default or Event of Default has since been cured. Except in the case of a Default or Event of Default in payment of principal of, premium, Additional Amounts, if any, or interest onor Additional Interest, if any, on any Note, the Trustee shall not be deemed to have such actual knowledge and may withhold the notice if and so long as a committee of its Responsible Officers in good faith determines that withholding the notice is in the interests of the Holders.
Appears in 6 contracts
Samples: Senior Unsecured Term Loan Agreement (Pilgrims Pride Corp), Subordinated Indenture (Pilgrims Pride Corp), Indenture (Hanger Orthopedic Group Inc)
Notice of Defaults. If a Default or Event of Default occurs and is continuing and if it is actually known to a Responsible Officer of the Trustee, the Trustee will mail deliver to Holders of Notes a notice of the Default or Event of Default within ninety (90) 90 days after it occurs. Except in the case of a Default or Event of Default in payment of principal of, premium, Additional Amountspremium on, if any, interest or interest Additional Interest, if any, on, any Note, the Trustee shall not be deemed to have such actual knowledge and may withhold the notice if and so long as a committee of its Responsible Officers in good faith determines that withholding the notice is in the interests of the HoldersHolders of the Notes.
Appears in 5 contracts
Samples: Indenture, Indenture (Broadcom Inc.), Indenture (Broadcom Inc.)
Notice of Defaults. If a Default or Event of Default occurs and is continuing and if it is known to of which the TrusteeTrustee has received written notice, then the Trustee will mail to send Holders a notice of the such Default or Event of Default within ninety (90) days after it occurs. Except receipt of such notice; provided, however, that, except in the case of a Default or Event of Default in the payment of the principal of, premium, Additional Amounts, if any, or interest on, any Note, or a Default in the payment or delivery of the Conversion Consideration due upon conversion of any Note, the Trustee shall not be deemed to have such actual knowledge and may withhold the such notice if and for so long as a committee of its Responsible Officers it in good faith determines that withholding the such notice is in the interests of the Holders.
Appears in 5 contracts
Samples: Indenture (Bandwidth Inc.), Indenture (Envista Holdings Corp), Indenture (Callaway Golf Co)
Notice of Defaults. If a Default or Event of Default occurs and is continuing and if it is actually known to a Responsible Officer of the Trustee, the Trustee will mail shall send to the Holders of such Securities a notice of the such Default or Event of Default within ninety (90) 90 days after it occurs. Except in the case of a Default or Event of Default in payment of principal ofof or premium, premiumif any, Additional Amounts, if any, or interest on, on any NoteSecurity, the Trustee shall not be deemed to have such actual knowledge and may withhold the notice if and so long as a committee of its Responsible Officers it in good faith determines that withholding the notice is in the interests of the Holders.
Appears in 5 contracts
Samples: Indenture (Nabors Industries LTD), Indenture (Nabors Industries LTD), Indenture (Nabors Industries LTD)
Notice of Defaults. If a Default or Event of Default occurs and is continuing and if it is actually known to a Responsible Officer of the TrusteeTrustee in accordance with Section 7.02(h), the Trustee will mail shall provide to Holders a notice of the Default or Event of Default within ninety (90) 90 days after it occursthe Trustee has such actual knowledge thereof. Except in the case of a Default or Event of Default in payment of principal of, premium, Additional Amounts, if any, or interest on, any Note, the Trustee shall not be deemed to have such actual knowledge and may withhold the notice if and so long as a committee of its Responsible Officers it in good faith determines that withholding the notice is in the interests of the Holders.
Appears in 4 contracts
Samples: Indenture (Coty Inc.), Indenture (Coty Inc.), Indenture (Coty Inc.)
Notice of Defaults. If a Default or Event of Default occurs and is continuing and if it of which the Trustee is known deemed to the Trusteehave knowledge in accordance with Section 7.02(f), the Trustee will mail shall give to Holders each Holder a notice of the Default or Event of Default within ninety (90) 90 days after it occursthe date the Trustee is deemed to have knowledge of such Default in accordance with Section 7.02(f). Except in the case of a Default or an Event of Default specified in payment clause (a) or (b) of principal of, premium, Additional Amounts, if any, or interest on, any NoteSection 6.01, the Trustee shall not be deemed to have such actual knowledge and may withhold from the Holders notice of any continuing Default if and so long as a committee of its Responsible Officers the Trustee determines in good faith determines that withholding the notice is in the interests interest of the Holders.
Appears in 4 contracts
Samples: Indenture (Block, Inc.), Indenture (Coinbase Global, Inc.), Indenture (Square, Inc.)
Notice of Defaults. If a Default or Event of Default occurs and is continuing and if it is known to the Trustee, the Trustee will mail give to Holders each Noteholder a notice of the Default or Event of Default within ninety (90) 90 days after it occursoccurs in the manner and to the extent provided in the TIA and otherwise as provided in this Indenture. Except in the case of a Default or Event of Default in payment of the principal of, premium, Additional Amounts, if any, of or interest on, on any NoteNote (including payments pursuant to a redemption or repurchase of the Notes pursuant to the provisions of this Indenture), the Trustee shall not be deemed to have such actual knowledge and may withhold the notice if and so long as a committee of its Responsible Officers responsible officers in good faith determines that withholding the notice is in the interests of the HoldersNoteholders.
Appears in 4 contracts
Samples: Indenture (Imc Global Inc), Indenture (Portrait Corp of America, Inc.), Indenture (Imc Global Inc)
Notice of Defaults. If a continuing Default or Event of Default occurs and is continuing and if it is known to the Trustee, the Trustee will mail to Holders a notice of the Default or Event of Default shall, within ninety (90) 30 days after it occurs. Except obtains knowledge of such Default, give the Holders notice of all uncured Defaults thereunder known to it; provided, however, that, except in the case of a Default or an Event of Default in payment in respect of principal of, premium, Additional Amounts, if any, the Notes or interest on, any Notea Default in complying with Section 5.01 in respect of the Notes, the Trustee shall not be deemed to have protected in withholding such actual knowledge and may withhold the notice if and so long as a committee of its Responsible Officers in good faith determines that the withholding the of such notice is in the interests interest of the Holders.
Appears in 4 contracts
Samples: Indenture (M/I Homes, Inc.), Indenture (M/I Homes, Inc.), Indenture (M I Homes Inc)
Notice of Defaults. If a Default or Event of Default occurs and is continuing and if it is actually known to a Responsible Officer of the Trustee, the Trustee will shall mail to Holders of Notes a notice of the Default or Event of Default within ninety (90) 90 days after it occurs. Except in the case of a Default or Event of Default in payment of principal of, premium, Additional Amounts, if any, or interest on, any Note, or a default pursuant to clause (e) or (f) of Section 6.01, the Trustee shall not be deemed to have such actual knowledge and may withhold protected in withholding the notice if and so long as a committee Responsible Officer of its Responsible Officers the Trustee in good faith determines that withholding the notice is in the interests of the HoldersHolders of the Notes.
Appears in 4 contracts
Samples: Indenture (Maxcom Telecommunications Inc), Indenture (Maxcom Telecommunications Inc), Indenture (Maxcom Telecommunications Inc)
Notice of Defaults. If a Default or Event of Default occurs and is continuing and if it is known to the Trustee, the Trustee will shall mail to Holders a notice of the Default or Event of Default within ninety (90) 90 days after it occursoccurs unless such Default or Event of Default has since been cured. Except in the case of a Default or Event of Default in payment of principal of, premium, Additional Amounts, if any, or interest onor Special Interest, if any, on any Note, the Trustee shall not be deemed to have such actual knowledge and may withhold the notice if and so long as a committee of its Responsible Officers in good faith determines that withholding the notice is in the interests of the Holders.
Appears in 4 contracts
Samples: Indenture (S&c Holdco 3 Inc), Indenture (S&c Resale Co), Indenture (S&c Resale Co)
Notice of Defaults. If a Default or Event of Default occurs and is continuing and if it is known to a Responsible Officer of the TrusteeTrustee has received written notice thereof, the Trustee will mail to Holders of Notes a notice of the Default or Event of Default within ninety (90) days after it occurs90 days, unless such Default or Event of Default has been cured or waived. Except in the case of a Default or Event of Default in payment of principal of, premium, Additional Amountspremium on, if any, or interest interest, if any, on, any Note, the Trustee shall not be deemed to have such actual knowledge and may withhold the notice if and so long as a committee of its Responsible Officers in good faith determines that withholding the notice is in the interests of the HoldersHolders of the Notes.
Appears in 4 contracts
Samples: Supplemental Indenture (APi Group Corp), Indenture (APi Group Corp), Indenture (Element Solutions Inc)
Notice of Defaults. If a Default or Event of Default occurs and is continuing with respect to the Notes and if it is actually known to the Trustee, the Trustee will shall mail or electronically transmit to Holders a each Holder of the Notes notice of the Default or Event within the earlier of Default within ninety (90) 90 days after it occursoccurs or 30 days after it is actually known to a Trust Officer or written notice of it is received by the Trustee. Except in the case of a Default or Event of Default in the payment of principal of, premium, Additional Amounts, premium (if any, ) or interest on, any Noteon the Notes, the Trustee shall not be deemed to have such actual knowledge and may withhold the notice if and so long as a committee of its Responsible Trust Officers in good faith determines that withholding the notice is in the interests of the Holders.
Appears in 4 contracts
Samples: Indenture (Affinion Group, Inc.), Indenture (Affinion Loyalty Group, Inc.), Indenture (Affinion Loyalty Group, Inc.)
Notice of Defaults. If a Default or Event of Default occurs and is continuing and if it is known to the TrusteeTrustee has knowledge thereof (within the meaning of Section 7.02(f) hereof), the Trustee will shall mail to the Holders a notice of the Default or Event of Default within ninety (90) days after it occurs. Except in the case of a Default or Event of Default in payment of principal of, premium, Additional Amounts, if any, or interest on, any Note, the Trustee shall not be deemed to have such actual knowledge and may withhold the notice if and so long as a committee of its Responsible Officers in good faith determines that withholding the notice is in the interests of the HoldersHolders of the Notes.
Appears in 3 contracts
Samples: Indenture Agreement (Centrus Energy Corp), Indenture Agreement (United States Enrichment Corp), Indenture Agreement (Usec Inc)
Notice of Defaults. If a Default or Event of Default occurs and is continuing and if it is known to the Trustee, the Trustee will shall mail to Holders a notice of the Default or Event of Default within ninety (90) 90 days after it occursoccurs unless such Default or Event of Default has since been cured. Except in the case of a Default or Event of Default in payment of principal of, premium, Additional Amountsif any, or interest, including Special Interest, if any, or interest on, any Note, the Trustee shall not be deemed to have such actual knowledge and may withhold the notice of any continuing Default or Event of Default if and so long as a committee of its Responsible Officers in good faith determines that withholding the notice is in the interests interest of the Holders.
Appears in 3 contracts
Samples: Indenture (Tousa Delaware Inc), Indenture (Rent Way Inc), Indenture (Technical Olympic Usa Inc)
Notice of Defaults. If a Default or Event of Default occurs and is continuing and if it is known to a Responsible Officer of the Trustee, the Trustee will mail to Holders of Notes a notice of the Default or Event of Default within ninety (90) 90 days after it occursreceipt of notice of the Event of Default. Except in the case of a Default or Event of Default in payment of principal of, premium, Additional Amountspremium on, if any, or interest interest, if any, on, any Note, the Trustee shall not be deemed to have such actual knowledge and may withhold the notice if and so long as a committee of its Responsible Officers in good faith determines that withholding the notice is in the interests of the HoldersHolders of the Notes.
Appears in 3 contracts
Samples: Indenture (Solera Holdings, Inc), Indenture (Solera Holdings, Inc), Indenture (Solera Holdings, Inc)
Notice of Defaults. If a Default or Event of Default occurs and is continuing and if it is known to the Trustee, the Trustee will mail shall give to Holders each Holder a notice of the Default or Event of Default within ninety (90) 90 days after it occursoccurs in the manner and to the extent provided in the TIA and otherwise as provided in the Indenture. Except in the case of a Default or Event of Default in payment of the principal of, premium, Additional Amounts, if any, of or interest on, on any NoteNote (including payments pursuant to a redemption or repurchase of the Notes pursuant to the provisions of the Indenture), the Trustee shall not be deemed to have such actual knowledge and may withhold the notice if and so long as a committee of its Responsible Officers in good faith determines that withholding the notice is in the interests of the Holders.
Appears in 3 contracts
Samples: Indenture (Spansion Inc.), Indenture (Spansion Inc.), Indenture (Spansion Inc.)
Notice of Defaults. If a The Trustee shall give the Holders notice of any Default or Event of Default occurs and is continuing and if it is known to the Trustee, which the Trustee will mail to Holders a notice of the Default or Event of Default has knowledge (as provided in Section 11.03(i)) within ninety (90) days after it occurs. Except the occurrence thereof so long as such Default is continuing; provided, that (except in the case of a Default or Event of any Default in the payment of principal Principal Amount of, premium, Additional Amounts, if any, or interest on, any Noteof the Notes or Fundamental Change Purchase Price or a default in the delivery of the consideration due upon conversion), the Trustee shall not be deemed to have protected in withholding such actual knowledge and may withhold the notice if and so long as a committee of its Responsible Officers officers of the Trustee in good faith determines that the withholding the of such notice is in the interests interest of the HoldersHolders of Notes.
Appears in 3 contracts
Samples: Indenture (Gevo, Inc.), Exchange and Purchase Agreement (Gevo, Inc.), Exchange and Purchase Agreement (Gevo, Inc.)
Notice of Defaults. If a Default or Event of Default occurs and is continuing and if it is known to the Trustee, the Trustee will shall mail to Holders a each Securityholder notice of the Default or Event of Default within ninety (90) 30 days after it occurs. Except in the case of a Default or Event of Default in payment of principal of, premium, Additional Amountsof or interest on any Security (including payments pursuant to the optional redemption or required repurchase provisions of such Security, if any, or interest on, any Note), the Trustee shall not be deemed to have such actual knowledge and may withhold the notice if and so long as its board of directors, the Executive Committee of its board of directors or a committee of its Responsible Trust Officers in good faith determines that withholding the notice is in the interests of the HoldersSecurityholders.
Appears in 3 contracts
Samples: Indenture (Fisher Scientific International Inc), Indenture (Fisher Scientific International Inc), Indenture (Fisher Scientific International Inc)
Notice of Defaults. If a Default or Event of Default occurs and is continuing and if it is known to of which a Responsible Officer of the TrusteeTrustee has received written notice, then the Trustee will mail to send Holders a notice of the such Default or Event of Default within ninety (90) days after it occurs. Except receipt of such notice; provided, however, that, except in the case of a Default or Event of Default in the payment of the principal of, premium, Additional Amounts, if any, or interest on, any Note, or a Default in the payment or delivery of the Conversion Consideration, the Trustee shall not be deemed to have such actual knowledge and may withhold the such notice if and for so long as a committee of its Responsible Officers it in good faith determines that withholding the such notice is in the interests of the Holders.
Appears in 3 contracts
Samples: Indenture (MultiPlan Corp), Indenture (Coherus BioSciences, Inc.), Indenture
Notice of Defaults. If a Default or Event of Default occurs and is continuing and if it is actually known to the Trustee, the Trustee will mail shall provide to Holders a each Holder written notice of the Default within 30 days after it is actually known to a Trust Officer or written notice referring to this Indenture, describing such Default or Event of Default within ninety (90) days after it occursand stating that such notice is a “notice of default”, is received by the Trustee in accordance with Section 12.01. Except in the case of a Default or Event of Default in the payment of principal of, premium, Additional Amounts, of or premium (if any, ) or interest on, on any NoteSecurity, the Trustee shall not be deemed to have such actual knowledge and may withhold the notice if and so long as a committee of its Responsible Trust Officers in good faith determines that withholding the notice is in the interests of the Holders.
Appears in 3 contracts
Samples: Indenture (Blue Water Acquisition Corp.), Indenture (Aquestive Therapeutics, Inc.), Indenture (Egalet Corp)
Notice of Defaults. If a Default or Event of Default occurs and is continuing and if it is known to a Responsible Of- ficer of the Trustee, the Trustee will shall mail to Holders a notice of the Default or Event of Default within ninety (90) 90 days after it occurs, unless such Default or Event of Default has been cured. Except in the case of a Default De- fault or Event of Default in payment of principal of, premium, Additional Amounts, if any, or interest on, on any Note, the Trustee shall not be deemed to have such actual knowledge and may withhold the notice if and so long as a committee of its Responsible Officers in good faith determines deter- mines that withholding the notice is in the interests of the HoldersHolders and so informs the Issuer in writing.
Appears in 3 contracts
Notice of Defaults. If a Default or Event of Default occurs and is continuing and if it is known to a Trust Officer of the Trustee, the Trustee will shall mail to Holders a each Holder notice of the Default or Event of Default within ninety (90) 60 days after it occursoccurs or promptly upon the Trustee’s attaining knowledge of such Default or Event of Default, whichever comes first. Except in the case of a Default or Event of Default in payment of principal of, premium, Additional Amounts, if any, or interest on, any NoteSecurity, the Trustee shall not be deemed to have such actual knowledge and may withhold the notice if and so long as a committee of its Responsible Trust Officers in good faith determines that withholding the notice is in the interests of the Holders.
Appears in 3 contracts
Samples: Indenture (Laboratory Corp of America Holdings), Indenture (Laboratory Corp of America Holdings), Indenture (Laboratory Corp of America Holdings)
Notice of Defaults. If a Default or Event of Default occurs and is continuing and if it is known to a Responsible Officer of the Trustee, the Trustee will shall mail to Holders a each Holder notice of the Default or Event of Default within ninety (90) 60 days after it occursoccurs or promptly upon the Trustee’s attaining knowledge of such Default or Event of Default, whichever comes first. Except in the case of a Default or Event of Default in payment of principal of, premium, Additional Amounts, if any, or interest on, any NoteSecurity, the Trustee shall not be deemed to have such actual knowledge and may withhold the notice if and so long as a committee of its Responsible Officers in good faith determines that withholding the notice is in the interests of the Holders.
Appears in 3 contracts
Samples: Indenture (Laboratory Corp of America Holdings/De), Indenture (Laboratory Corp of America Holdings), Indenture (Laboratory Corp of America Holdings)
Notice of Defaults. If a Default or Event of Default occurs and is continuing and if it is known to the Trustee, the Trustee will shall mail to Holders a each Noteholder notice of the Default or Event of Default within ninety (90) 90 days after it occursoccurs or as soon as is practicable after it becomes known to the Trustee. Except in the case of a Default or Event of Default in payment of principal of, premium, Additional Amountsor interest on any Note (including payments pursuant to the mandatory redemption provisions of such Note, if any, or interest on, any Note), the Trustee shall not be deemed to have such actual knowledge and may withhold the notice if and so long as a committee of its Responsible Trust Officers in good faith determines that withholding the notice is in not opposed to the interests of the HoldersNoteholders.
Appears in 3 contracts
Samples: Indenture (Loral Space & Communications Inc.), Indenture (Loral Orion Inc), Indenture (Loral Orion Inc)
Notice of Defaults. If a Default or Event of Default occurs and is continuing and if it is known to the Trustee, the Trustee will shall mail to Holders a each Noteholder notice of the Default or Event of Default within ninety (90) 90 days after it occurs. Except in the case of a Default or Event of Default in payment of principal of, or premium, Additional Amounts, if any, or interest onon the Senior Notes, any Noteor that resulted from the failure of the Issuers to comply with Section 5.1, the Trustee shall not be deemed to have such actual knowledge and may withhold the notice if and so long as a committee of its Responsible Officers in good faith determines that withholding the notice is it to be in the best interests of the Holdersholders of the Senior Notes to do so.
Appears in 3 contracts
Samples: Indenture (Superior Essex Inc), Indenture (Superior Telecommunications Inc), Indenture (Essex Group Inc)
Notice of Defaults. If a Default or Event of Default occurs and is continuing and if it is actually known to a Responsible Officer of the Trustee, then the Trustee will mail to must notify the Holders a notice of the such Default or Event of Default within ninety (90) days after it occurs. Except occurs or, if it is not known to the Trustee at such time, promptly (and in any event within ten (10) Business Days) after it becomes known to a Responsible Officer; provided, however, that, except in the case of a Default or Event of Default in the payment of the principal of, premium, Additional Amounts, if any, or interest on, any Note, the Trustee shall not be deemed to have such actual knowledge and may withhold the such notice if and for so long as a committee of its Responsible Officers it in good faith determines that withholding the such notice is in the interests of the Holders.
Appears in 3 contracts
Samples: Indenture (Better Home & Finance Holding Co), Indenture (American Eagle Outfitters Inc), Indenture (Dick's Sporting Goods, Inc.)
Notice of Defaults. If a Default or Event of Default occurs and is continuing and if it is known to the TrusteeTrustee receives written notice thereof, the Trustee will shall (at the expense of the Company) mail to Holders of Notes a notice of the Default or Event of Default within ninety (90) 90 days after it occurs. Except in the case of a Default or Event of Default in payment of principal of, premium, Additional Amountsif any, Liquidated Damages, if any, or interest on, on any Note, the Trustee shall not be deemed to have such actual knowledge and may withhold the notice if and so long as a committee of its Responsible Officers in good faith determines that withholding the notice is in the interests of the HoldersHolders of the Notes.
Appears in 3 contracts
Samples: Indenture (Salton Inc), Indenture (Salton Maxim Housewares Inc), Indenture (Clearview Cinema Group Inc)
Notice of Defaults. If a Default or Event of Default occurs and is continuing and if it is actually known to a Responsible Officer of the Trustee, then the Trustee will mail to shall send Holders a notice of the such Default or Event of Default within ninety (90) days after it occurs. Except the earlier of receipt of such notice or obtaining actual knowledge thereof; provided, however, that, except in the case of a Default or Event of Default in the payment of the principal of, premium, Additional Amountsor interest, if any, or interest on, any Note, the Trustee shall not be deemed to have such actual knowledge and may withhold the such notice if and for so long as a committee of its Responsible Officers it in good faith determines that withholding the such notice is in the interests of the Holders.
Appears in 3 contracts
Samples: Indenture (Outbrain Inc.), Subordination Agreement (Outbrain Inc.), Indenture (Magnite, Inc.)
Notice of Defaults. If a Default or Event of Default occurs and is continuing and if it is known to the Trustee, the Trustee will shall mail to Holders a notice of the Default or Event of Default within ninety (90) 90 days after it occursoccurs unless such Default or Event of Default has since been cured. Except in the case of a Default or Event of Default in payment of principal of, premium, Additional Amountsif any, or interest, if any, or interest on, any Note, the Trustee shall not be deemed to have such actual knowledge and may withhold the notice if and so long as a committee of its Responsible Officers in good faith determines that withholding the notice is in the interests of the Holders.
Appears in 3 contracts
Samples: Indenture (GameStop Corp.), Indenture (GameStop Corp.), Indenture (GameStop Corp.)
Notice of Defaults. If a Default or Event of Default occurs and is continuing and if it is actually known to a Responsible Officer of the Trustee, the Trustee will shall mail to Holders a notice of the Default or Event of Default within ninety (90) 90 days after it occurs. Except in the case of a Default or Event of Default in payment of principal ofof or premium, premiumif any, Liquidated Damages, if any, Additional Amounts, if any, or interest on, on any NoteSecurity, the Trustee shall not be deemed to have such actual knowledge and may withhold the notice if and so long as a committee of its Responsible Officers in good faith determines that withholding the notice is in the interests of the Holders.
Appears in 2 contracts
Samples: Indenture (Nabors Industries LTD), Indenture (Nabors Industries LTD)
Notice of Defaults. If a Default or Event of Default occurs and is continuing and if it is known to the Trustee, the Trustee will mail to Holders of the Notes a notice of the Default or Event of Default within ninety (90) 90 days after it occursthe Trustee becomes aware of any such Default or Event of Default. Except in the case of a Default or Event of Default in payment of principal of, premium, Additional Amountspremium on, if any, or interest on, any Note, the Trustee shall not be deemed to have such actual knowledge and may withhold the notice if and so long as a committee of its Responsible Officers in good faith determines that withholding the notice is in the interests of the HoldersHolders of the Notes.
Appears in 2 contracts
Samples: Indenture (WildHorse Resource Development Corp), Indenture (Memorial Resource Development Corp.)
Notice of Defaults. If a Default or Event of Default occurs and is continuing and if it is known to a Responsible Officer of the Trustee, the Trustee will mail to Holders a notice of the Default or Event of Default within ninety (90) 90 days after it occursoccurs or, if discovered after 90 days, promptly thereafter. Except in the case of a Default or Event of Default in payment of principal of, premium, Additional Amounts, if any, or interest on, any Note, the Trustee shall not be deemed to have such actual knowledge and may withhold the notice if and so long as a committee of its Responsible Officers in good faith determines that withholding the notice is in the interests of the Holders.
Appears in 2 contracts
Samples: Indenture (CF Industries Holdings, Inc.), Indenture (CF Industries Holdings, Inc.)
Notice of Defaults. If a Default or Event of Default occurs and is continuing and if it is known to the Trustee, the Trustee will mail to Holders of the Notes a notice of the Default or Event of Default within ninety (90) 90 days after it occursthe Trustee becomes aware of any such Default or Event of Default. Except in the case of a Default or Event of Default in payment of principal of, premium, Additional Amountspremium on, if any, or interest or Additional Interest, if any, on, any Note, the Trustee shall not be deemed to have such actual knowledge and may withhold the notice if and so long as a committee of its Responsible Officers in good faith determines that withholding the notice is in the interests of the HoldersHolders of the Notes.
Appears in 2 contracts
Samples: Indenture (Memorial Production Partners LP), Indenture (Memorial Production Partners LP)
Notice of Defaults. If a Default or Event of Default occurs and is continuing and if it is known to a Responsible Officer of the Trustee, the Trustee will shall mail to Holders a notice of the Default or Event of Default within ninety (90) 90 days after it occurs, unless such Default or Event of Default has been cured. Except in the case of a Default or Event of Default in payment of principal of, premium, Additional Amounts, if any, or interest on, on any Note, the Trustee shall not be deemed to have such actual knowledge and may withhold the notice if and so long as a committee of its Responsible Officers in good faith determines that withholding the notice is in the interests of the HoldersHolders and so informs the Issuer in writing.
Appears in 2 contracts
Notice of Defaults. If a Default or Event of Default occurs and is continuing and if it is known to the Trustee, the Trustee will shall mail to Holders a notice of the Default or Event of Default within ninety (90) 90 days after it occursoccurs unless such Default or Event of Default has since been cured. Except in the case of a Default or Event of Default in payment of principal of, premium, Additional Amounts, if any, or interest or Additional Interest, if any, on, any Note, the Trustee shall not be deemed to have such actual knowledge and may withhold the notice if and so long as a committee of its Responsible Officers in good faith determines that withholding the notice is in the interests of the Holders.
Appears in 2 contracts
Samples: Indenture (Polyone Corp), Indenture (Gamestop Corp)
Notice of Defaults. If a Default or Event of Default occurs and is continuing and if it is known to the Trusteeif, in accordance with Section 7.02(g), the Trustee will has knowledge thereof, the Trustee shall mail to the Holders a notice of the Default or Event of Default within ninety (90) 90 days after it occurs. Except in the case of a Default or Event of Default in payment of principal of, or interest, premium, or Additional Amounts, if any, or interest on, any Note, the Trustee shall not be deemed to have such actual knowledge and may withhold the notice if and so long as a committee of its Responsible Officers in good faith determines that withholding the notice is in the interests of the Holders.
Appears in 2 contracts
Samples: Indenture (Pacific Drilling S.A.), Indenture (Pacific Drilling S.A.)
Notice of Defaults. If a Default or Event of Default occurs and is ------------------ continuing and if it is known to the Trustee, the Trustee will shall mail to Holders a each Holder as their names and addresses appear on the Register notice of the Default or Event of Default within ninety (90) 90 days after it occursbecomes known to the Trustee unless such Default shall have been cured or waived. Except in the case of a Default or Event of Default described in payment of principal of, premium, Additional Amounts, if any, or interest on, any NoteSection 6.01(l), the Trustee shall not be deemed to have such actual knowledge and may withhold the such notice if and so long as its Board of Directors, the executive committee of its Board of Directors or a committee of its Responsible Trust Officers in good faith determines that the withholding the of such notice is in the interests of the Holders.
Appears in 2 contracts
Samples: Indenture (Mark Iv Industries Inc), Indenture (Mark Iv Industries Inc)
Notice of Defaults. If a Default or Event of Default occurs and is continuing and if it is known to the Trustee, the Trustee will shall mail to Holders of Notes a notice of the Default or Event of Default within ninety (90) 90 days after it occurs. Except in the case of a Default or Event of Default in payment of principal of, premium, premium or Additional Amounts, if any, and Additional Interest, if any, or interest on, any Note, the Trustee shall not be deemed to have such actual knowledge and may withhold the notice if and so long as a committee of its Responsible Officers in good faith determines that withholding the notice is in the interests of the HoldersHolders of the Notes.
Appears in 2 contracts
Samples: Indenture (Inmarsat Launch CO LTD), Indenture (Inmarsat Holdings LTD)
Notice of Defaults. If a Default or Event of Default occurs and is continuing and if it is known to the Trustee, the Trustee will shall mail to Holders a each Holder as their names and addresses appear on the Register notice of the Default or Event of Default within ninety (90) 90 days after it occursbecomes known to the Trustee unless such Default shall have been cured or waived. Except in the case of a Default or Event of Default described in payment of principal of, premium, Additional Amounts, if any, or interest on, any NoteSection 6.01(l), the Trustee shall not be deemed to have such actual knowledge and may withhold the such notice if and so long as its board of directors, the executive committee of its board of directors or a committee of its Responsible Trust Officers in good faith determines that the withholding the of such notice is in the interests of the Holders.
Appears in 2 contracts
Samples: Indenture (Mark Iv Industries Inc), Indenture (Mark Iv Industries Inc)
Notice of Defaults. If a Default or Event of Default occurs and is continuing and if it is actually known to a Responsible Officer of the TrusteeTrustee pursuant to Section 6.3(l), the Trustee will shall mail to Holders a each Holder notice of the Default or Event of uncured Default within ninety (90) 60 days after it such Default occurs. Except in the case of a Default or Event of Default in payment of principal of, premium, Additional Amounts, of (and premium if anyapplicable), or interest on, any NoteSecurity, the Trustee shall not be deemed to have such actual knowledge and may withhold the notice if and so long as the Board of Directors, the executive committee, or a trust committee of its directors and/or Responsible Officers of the Trustee in good faith determines that withholding the notice is in the interests interest of the Holders.
Appears in 2 contracts
Samples: Indenture (Sabra Health Care REIT, Inc.), Indenture (Sabra Health Care Limited Partnership)
Notice of Defaults. If a Default or Event of Default occurs and is continuing and if it is known to the TrusteeTrustee has actual knowledge of such Default, the Trustee will shall mail to Holders each Holder a notice of the Default or Event of Default within ninety (90) 90 days after it occursthe Trustee first has actual knowledge of such Default. Except in the case of a Default or an Event of Default specified in payment clauses (1) or (2) of principal of, premium, Additional Amounts, if any, or interest on, any NoteSection 6.01(a), the Trustee shall not be deemed to have protected in withholding such actual knowledge and may withhold the notice if and so long as the Board of Directors, the executive committee or a trust committee of its directors or trustees and/or Responsible Officers of the Trustee determines in good faith determines that the withholding the of such notice is in the interests of the Holders.
Appears in 2 contracts
Samples: Indenture (Universal Health Services Inc), Indenture (Universal Health Services Inc)
Notice of Defaults. If a Default or Event of Default occurs and is continuing and if it is actually known to a Responsible Officer of the Trustee, the Trustee will shall mail to Holders of Notes a notice of the Default or Event of Default within ninety (90) 90 days after it occursobtains knowledge of such Default or Event of Default. Except in the case of a Default or Event of Default in payment of principal of, premium, Additional Amounts, if any, or interest on, on any Note, the Trustee shall not be deemed to have such actual knowledge and may withhold the notice if and so long as a committee of its Responsible Officers in good faith determines that withholding the notice is in the interests of the HoldersHolders of the Notes.
Appears in 2 contracts
Samples: Indenture (Anc Rental Corp), Indenture (Anc Rental Corp)
Notice of Defaults. If a Default or Event of Default occurs and is continuing and if it of which the Trustee is known deemed to the Trusteehave knowledge in accordance with Section 7.02(k), the Trustee will mail to give Holders a notice of the Default or Event of Default within ninety (90) 90 days after it occursis deemed to have such knowledge. Except in the case of a Default or Event of Default in payment of principal of, premium, premium or Additional Amounts, if any, or interest on, any Note, the Trustee shall not be deemed to have such actual knowledge and may withhold the notice if and so long as a committee of its Responsible Officers in good faith determines that withholding the notice is in the interests of the Holders.
Appears in 2 contracts
Samples: Indenture (Altera Infrastructure L.P.), Supplemental Indenture (Altera Infrastructure L.P.)
Notice of Defaults. If a Default or Event of Default occurs and is continuing and if it is known to a Responsible Officer of the Trustee, the Trustee will mail to Holders a notice of the Default or Event of Default within ninety (90) days after it occursreceipt of notice of the occurrence of an Event of Default. Except in the case of a Default or Event of Default in payment of principal of, premium, Additional Amountsor premium or interest, if any, or interest on, on any Note, the Trustee shall not be deemed to have such actual knowledge and may withhold the notice if and so long as a committee of its Responsible Officers in good faith determines that withholding the notice is in the interests of the Holders.
Appears in 2 contracts
Samples: Indenture (Radio One, Inc.), Indenture (Radio One, Inc.)
Notice of Defaults. If a Default or Event of Default occurs and is continuing and if it is known to the Trustee, the Trustee will shall mail to Holders Holders, as their names and addresses shall appear on the Notes register, a notice of the Default or Event of Default within ninety (90) 60 days after it occurs. Except in the case of a Default or Event of Default in payment of principal of, premium, Additional Amounts, if any, or interest on, on any NoteNote or that resulted from a failure to comply with Section 5.03, the Trustee shall not be deemed to have such actual knowledge and may withhold the notice if and so long as a committee of its Responsible Trust Officers in good faith determines that withholding the notice is in the interests of the Holders.
Appears in 2 contracts
Samples: Indenture (Icf Kaiser International Inc), Indenture (Systems Applications International Inc)
Notice of Defaults. If a Default or Event of Default occurs and is continuing and if it is known to the Trustee, the Trustee will mail shall give to Holders of Notes a notice of the Default or Event of Default within ninety (90) 90 days after it occurs. Except in the case of a Default or Event of Default in relating to the payment of principal of, of or premium, Additional Amounts, if any, interest or interest onAdditional Interest, if any, on any Note, the Trustee shall not be deemed to have such actual knowledge and may withhold the notice if and so long as the board of directors, the executive committee or a trust committee of its directors or Responsible Officers of the Trustee in good faith determines that the withholding the of such notice is in the interests interest of the HoldersHolders of Notes.
Appears in 2 contracts
Samples: Indenture (Natural Resource Partners Lp), Indenture (PetroLogistics LP)
Notice of Defaults. If a Default or Event of Default occurs and is continuing and if it is actually known to the Trustee, the Trustee will shall mail to Holders the Company and each Holder a notice of the Default or Event of Default within ninety (90) 90 days after it occurs, unless such Default or Event of Default shall have been cured or waived. Except in the case of a Default or Event of Default in payment of principal of, premium, Additional Amounts, if any, on any Note under Section 6.1(a) or interest on, any Note6.1(b), the Trustee shall not be deemed to have such actual knowledge and may withhold the notice if and so long as a committee of its Responsible Trust Officers in good faith determines that withholding the notice is in the best interests of the Holders.
Appears in 2 contracts
Samples: Indenture (Hybridon Inc), Purchase Agreement (Kapson Senior Quarters Corp)
Notice of Defaults. If Within 90 days of a Default Responsible Officer of the Indenture Trustee obtaining actual knowledge of, or receiving notice of, any potential Event of Default occurs and is continuing and if it is known to the Trusteeunder this Indenture, the Indenture Trustee will mail to Holders a each Noteholder, notice of the Default or such default, unless such potential Event of Default within ninety has been cured or waived; provided, that (90a) days after it occurs. Except except in the case of a Default or potential Event of Default in the payment of principal of, premium, Additional Amounts, if any, of or interest on, on any Note, the Indenture Trustee shall not be deemed to have such actual knowledge and may withhold the such notice if and so long as a committee of its Responsible Officers in good faith determines that the withholding the of such notice is in the interests of the HoldersNoteholders.
Appears in 2 contracts
Samples: Indenture (Commercial Credit, Inc.), Indenture (Commercial Credit, Inc.)
Notice of Defaults. If a Default or Event of Default occurs and is continuing and if it is known to the Trusteea Trust Officer has actual knowledge thereof, the Trustee will shall mail to Holders a each Holder notice of the Default or Event of Default within ninety (90) 90 days after it occursthe occurrence thereof. Except in the case of a Default or Event of Default in payment of principal of, premium, Additional Amounts, if any, of or interest on, on any NoteNote (including payments pursuant to the optional redemption or required repurchase provisions of the Note and the Indenture), the Trustee shall not be deemed to have such actual knowledge and may withhold the notice if and so long as a committee of its Responsible Trust Officers in good faith determines that withholding the notice is in the interests of the Holders.
Appears in 2 contracts
Samples: Indenture (Constar International Inc), Indenture (Constar Inc)
Notice of Defaults. If a Default or Event of Default occurs and is continuing and if it is known to the Trustee, the Trustee will mail to Holders of Notes and the Collateral Agent a notice of the Default or Event of Default within ninety (90) 90 days after it occurs. Except in the case of a Default or Event of Default in payment of principal of, premiumpremium on, if any, or interest or Additional Amounts, if any, or interest on, any Note, the Trustee shall not be deemed to have such actual knowledge and may withhold the notice if and so long as a committee of its Responsible Officers in good faith determines that withholding the notice is in the interests of the HoldersHolders of the Notes.
Appears in 2 contracts
Samples: Indenture (Viking Holdings LTD), Indenture (Viking Holdings LTD)
Notice of Defaults. If a Default or Event of Default occurs and is continuing and if it is known to a Responsible Officer of the Trustee, the Trustee will shall mail to Holders each Holder a notice of the Default or Event of Default within ninety (90) 90 days after it occurs. Except in the case of a Default or an Event of Default in payment of the principal ofamount of (or the portion thereby specified in the Notes), premium, Additional Amounts, if any, or accrued and unpaid interest on, on any Note, the Trustee shall not be deemed to have such actual knowledge and may withhold the notice if and so long as a committee of its Responsible Officers in good faith determines that withholding the notice is in the interests of the Holders.
Appears in 2 contracts
Samples: Indenture (Crown Castle International Corp), Indenture (Crown Castle International Corp)
Notice of Defaults. If a Default or Event of Default occurs and is continuing and if it is known to the Trustee, the Trustee will shall mail to Holders of Notes a notice of the Default or Event of Default within ninety (90) 90 days after it occurs. Except in the case of a Default or Event of Default in payment of principal of, premium, Additional Amounts, if any, or interest onon any Note (including payments pursuant to the mandatory repurchase provisions of such Notes, any Noteif any), the Trustee shall not be deemed to have such actual knowledge and may withhold the notice if and so long as a committee of its Responsible Officers in good faith determines that withholding the notice is in the interests of the HoldersHolders of the Notes.
Appears in 2 contracts
Samples: Indenture (Harperprints Inc), Indenture (R&b Falcon Corp)
Notice of Defaults. If a Default or Event of Default occurs and is continuing and if it is actually known to a Responsible Officer of the Trustee, the Trustee will shall mail to Holders a notice of the Default or Event of Default within ninety (90) 90 days after it occurs. Except in the case of a Default or Event of Default in payment of principal of, premium, Additional Amounts, if any, or interest on, or Additional Interest on any Note, the Trustee shall not be deemed to have such actual knowledge and may withhold the notice if and so long as the board of directors, the executive committee or a trust committee of its directors or Responsible Officers of the Trustee in good faith determines that withholding the notice is in the interests of the Holders.
Appears in 2 contracts
Samples: Credit Agreement (Music123, Inc.), Credit Agreement (Music123, Inc.)
Notice of Defaults. If a Default or Event of Default occurs and is continuing and if it is known to the Trustee, the Trustee will must mail to Holders each Holder, with a copy to the Company, notice of the Default or Event of Default within ninety (90) 90 days after it occurs. Except in the case of a Default or Event of Default in the payment of principal ofprincipal, interest (including special interest, if any) and premium, Additional Amounts, if any, or interest on, on any Note, including an accelerated payment and the failure to make a payment on the Change of Control Payment Date pursuant to a Change of Control offer, the Trustee shall not be deemed to have such actual knowledge and may withhold the notice if and so long as a committee of its Responsible Trust Officers in good faith determines that withholding the notice is in the interests of the HoldersHolders of the Notes.
Appears in 2 contracts
Samples: Indenture (Nutra Sales Corp), Indenture (Nutra Sales Corp)
Notice of Defaults. If a Default (or an Event of Default Default) occurs and is continuing and if it the Trustee is known to notified of such occurrence by the TrusteeIssuer, the Trustee will mail give notice to Holders a notice each Holder of the Default or Event of Default within ninety (90) 60 days after it occurs. Except in the case of a Default or Event of Default in payment of principal of, premiumpremium on, if any, interest or Additional Amounts, if any, or interest on, on any Senior Secured Note, the Trustee shall not be deemed to have such actual knowledge and may withhold the notice if and so long as a committee of its Responsible Officers in good faith determines that withholding the notice is in the interests of the Holders.
Appears in 2 contracts
Samples: Indenture, Senior Secured Notes Indenture
Notice of Defaults. If a Default or Event of Default occurs and is continuing and if it is known to the Trusteea Trust Officer has actual knowledge thereof, the Trustee will shall mail to Holders a each Holder notice of the Default or Event of Default within ninety (90) 90 days after it occursthe occurrence thereof. Except in the case of a Default or Event of Default in the payment of principal of, premium, premium (including Additional Amounts), if any, or interest on(including additional interest, if any) on any Fixed Rate Note or Floating Rate Note, as the case may be, the Trustee shall not be deemed to have such actual knowledge and may withhold the notice if and so long as a committee of its Responsible Trust Officers in good faith determines that withholding the such notice is in the interests of the HoldersHolders of the relevant series of Notes.
Appears in 2 contracts
Samples: Indenture (Elan Corp PLC), Indenture (Elan Corp PLC)
Notice of Defaults. If a Default or Event of Default occurs and is continuing and if it is known with respect to the TrusteeNotes and a Responsible Officer of the Trustee has notice thereof, the Trustee will shall mail to Holders a each Holder of the Notes notice of the Default or Event of such Default within ninety (90) 90 days after it occursoccurs or, if later, after a Responsible Officer of the Trustee has notice of such Default. Except in the case of a Default or Event of Default in the payment of principal ofprincipal, premium, Additional Amounts, if any, or interest on, on any Note, the Trustee shall not be deemed to have such actual knowledge and may withhold the notice if and so long as its corporate trust committee or a committee of its Responsible Officers in good faith determines that withholding the notice is in the interests of the Holders.
Appears in 2 contracts
Samples: Indenture (Amphenol Corp /De/), Indenture (Amphenol Corp /De/)
Notice of Defaults. If a Default or Event of Default occurs and is continuing and if it the Trustee has received notice or is known deemed to the Trusteehave notice thereof in accordance with Section 7.02(j) hereof, the Trustee will mail send to Holders of Notes a notice of the Default or Event of Default within ninety (90) 90 days after it occurs. Except in the case of a Default or Event of Default in payment of principal of, premium, Additional Amountspremium on, if any, or interest on, any Note, the Trustee shall not be deemed to have such actual knowledge and may withhold the notice if and so long as a committee of its Responsible Officers in good faith determines that withholding the notice is in the interests of the HoldersHolders of the Notes.
Appears in 2 contracts
Samples: Indenture (CNX Resources Corp), Indenture (CNX Midstream Partners LP)
Notice of Defaults. If a Default or Event of Default occurs and is continuing and if it is known to a Responsible Officer of the Trustee, then the Trustee will mail to send Holders a notice of the such Default or Event of Default within ninety (90) days after it occurs. Except occurs or, if it is not known to the Trustee at such time, promptly (and in any event within ten (10) Business Days) after it becomes known to a Responsible Officer; provided, however, that, except in the case of a Default or Event of Default in the payment of the principal of, premium, Additional Amounts, if any, or interest on, any Note, the Trustee shall not be deemed to have such actual knowledge and may withhold the such notice if and for so long as a committee of its Responsible Officers it in good faith determines that withholding the such notice is in the interests of the Holders.
Appears in 2 contracts
Samples: Indenture (NRG Energy, Inc.), Indenture (Corium International, Inc.)
Notice of Defaults. If a Default or Event of Default occurs and is continuing and if it is known to the Trustee, the Trustee will mail to Holders of Notes a notice of the Default or Event of Default within ninety (90) 90 days after it occursthe Trustee receives written notice of such Default or Event of Default. Except in the case of a Default or Event of Default in payment of principal of, premium, Additional Amountspremium or Special Interest, if any, or interest on, any Note, the Trustee shall not be deemed to have such actual knowledge and may withhold the notice if and so long as a committee of its Responsible Officers in good faith determines that withholding the notice is in the interests of the HoldersHolders of the Notes.
Appears in 2 contracts
Samples: Indenture (Titan International Inc), Indenture (Titan International Inc)
Notice of Defaults. If a Default or Event of Default occurs and is continuing and if it is actually known to the Trustee, the Trustee will mail shall provide to Holders a each Holder written notice of the Default within 30 days after it is actually known to a Trust Officer or written notice referring to this Indenture, describing such Default or Event of Default within ninety (90) days after it occursand stating that such notice is a “notice of default”, is received by the Trustee in accordance with Section 12.01. Except in the case of a Default or Event of Default in the payment of principal of, premium, Additional Amounts, of or premium (if any, ) or interest on, on any NoteSecurity or of any related fees contemplated by this Indenture, the Trustee shall not be deemed to have such actual knowledge and may withhold the notice if and so long as a committee of its Responsible Trust Officers in good faith determines that withholding the notice is in the interests of the Holders.
Appears in 2 contracts
Samples: Purchase Agreement (Vivus Inc), Indenture (Vivus Inc)
Notice of Defaults. If a Default or an Event of Default occurs and is continuing and if it is known to the Trustee, the Trustee will shall mail to Holders a notice of the Default or Event of Default to each Holder within ninety (90) 30 days after it occurs. Except the occurrence thereof; provided, -------- however, that, except in the case of a Default or an Event of Default in the ------- payment of the principal of, premium, Additional Amounts, if any, or interest on, on any Note, the Trustee shall not be deemed to have such actual knowledge and may withhold the such notice if and so long as a committee of its Responsible Officers trust officers in good faith determines that the withholding the of such notice is in the interests interest of the Holders.
Appears in 2 contracts
Samples: Indenture (Euronet Services Inc), Indenture (Euronet Services Inc)
Notice of Defaults. If a Default or Event of Default occurs and is continuing and if it is known to the Trustee, the Trustee will shall mail to Holders a each Holder notice of the Default or Event of Default within ninety (90) 60 days after it occursoccurs or promptly upon the Trustee's attaining knowledge of such Default or Event of Default, whichever comes first. Except in the case of a Default or Event of Default in payment of principal of, premium, Additional Amounts, if any, or interest on, any NoteSecurity, the Trustee shall not be deemed to have such actual knowledge and may withhold the notice if and so long as a committee of its Responsible Trust Officers in good faith determines that withholding the notice is in the interests of the Holders.
Appears in 1 contract
Notice of Defaults. If a Default or Event of Default occurs and is continuing and if it is known to a Responsible Officer of the Trustee, the Trustee will shall mail to Holders a each Holder notice of the Default or Event of Default within ninety (90) 60 days after it occursthe Trustee has received written notice or promptly upon the Trustee’s attaining actual knowledge of such Default or Event of Default, whichever comes first. Except in the case of a Default or Event of Default in payment of principal of, premium, Additional Amounts, if any, or interest on, any NoteSecurity, the Trustee shall not be deemed to have such actual knowledge and may withhold the notice if and so long as a committee of its Responsible Officers in good faith determines that withholding the notice is in the interests of the Holders.
Appears in 1 contract
Samples: Indenture (Labcorp Holdings Inc.)
Notice of Defaults. If a Within 90 days after the occurrence of any Default or Event of Default occurs and is continuing and if it is known with respect to the Trusteeoutstanding Securities, the Trustee will mail to shall give the Holders a notice of the Default all uncured Defaults or Event Events of Default within ninety (90) days after it occurs. Except known to it; provided, however, that, except in the case of an Event of Default in payment with respect to such Securities or a Default or Event of Default in payment of principal of, premium, Additional Amounts, if any, or interest on, any Notecomplying with Article Eight, the Trustee shall not be deemed to have protected in withholding such actual knowledge and may withhold the notice if and so long as a committee of its Responsible Officers trust officers in good faith determines that the withholding the of such notice is in the interests interest of the Holders.
Appears in 1 contract
Samples: Indenture (Golden Sky DBS Inc)
Notice of Defaults. If a Default or Event of Default occurs and is continuing and if it is known to the Trustee, the Trustee will mail to Holders of Notes a notice of the Default or Event of Default within ninety (90) 90 days after it occurs. Except in the case of a Default or Event of Default in payment of principal of, premium, Additional Amounts, if any, or interest on, any Note, or a default pursuant to clause (e) or (f) of Section 6.01, the Trustee shall not be deemed to have such actual knowledge and may withhold the notice if and so long as a committee of its Responsible Officers in good faith determines that withholding the notice is in the interests of the HoldersHolders of the Notes.
Appears in 1 contract
Notice of Defaults. If a Default or Event of Default occurs and is continuing and if it is known to the Trustee, the Trustee will shall mail to Holders of Notes a notice of the Default or Event of Default within ninety (90) 90 days after it occurs. Except in the case of a Default or Event of Default in payment of principal of, or premium, if any, interest, if any, or Additional Amounts, if any, or interest on, any Note, the Trustee shall not be deemed to have such actual knowledge and may withhold the notice if and so long as a committee of its Responsible Officers in good faith determines that withholding the notice is in the interests of the Holders.
Appears in 1 contract
Notice of Defaults. If a Default or Event of Default occurs and is continuing and if it is actually known to the Trustee, the Trustee will shall mail to Holders the Company and each Holder a notice of the Default or Event of Default within ninety (90) 90 days after it occurs, unless such Default or Event of Default shall have been cured or waived. Except in the case of a Default or Event of Default in payment of principal of, premium, Additional Amounts, if any, on any Note under Section 5.1(a) or interest on, any Note5.1(b), the Trustee shall not be deemed to have such actual knowledge and may withhold the notice if and so long as a committee of its Responsible Trust Officers in good faith determines that withholding the notice is in the best interests of the Holders.
Appears in 1 contract
Notice of Defaults. If a Default or Event of Default occurs and is continuing and if it is actually known to the Trustee, the Trustee will shall mail to Holders a notice of the Default or Event of Default within ninety (90) 90 days after it occurs. Except in the case of a Default or Event of Default in payment of principal ofof or premium, premiumif any, Liquidated Damages, if any, Additional Amounts, if any, or interest on, on any NoteSecurity, the Trustee shall not be deemed to have such actual knowledge and may withhold the notice if and so long as a committee of its Responsible Officers in good faith determines that withholding the notice is in the interests of the Holders.
Appears in 1 contract
Samples: Indenture (Devon Energy Corp/De)
Notice of Defaults. If a Default or Event of Default occurs and is continuing and if it is known to the Trustee, the Trustee will mail to Holders and the Collateral Agent a notice of the Default or Event of Default within ninety (90) 90 days after it occurs. Except in the case of a Default or Event of Default in payment of principal of, premium, Additional Amounts, if any, or interest or Additional Interest, if any, on, any Note, the Trustee shall not be deemed to have such actual knowledge and may withhold the notice of any continuing Default or Event of Default if and so long as a committee of its Responsible Officers in good faith determines that withholding the notice is in the interests of the Holders. In addition, the Trustee will have no obligation to accelerate the Notes if in the judgment of the Trustee acceleration is not in the best interests of the Holders of the Notes.
Appears in 1 contract
Samples: Indenture (Xerium Technologies Inc)
Notice of Defaults. If a Default or Event of Default occurs and is continuing and if it is known to the Trusteea Responsible Officer, the Trustee will mail to Holders of Notes a notice of the Default or Event of Default within ninety (90) 90 days after it occurssuch Responsible Officer becomes aware of the Default or Event of Default. Except in the case of a Default or Event of Default in payment of principal of, premium, Additional Amounts, if any, or interest on, any Note, the Trustee shall not be deemed to have such actual knowledge and may withhold the notice if and so long as a committee of its Responsible Officers in good faith determines that withholding the notice is in the interests of the HoldersHolders of the Notes.
Appears in 1 contract
Samples: Indenture (Energy XXI LTD)
Notice of Defaults. If a Within 30 days after the occurrence of any Default or Event of Default occurs and is continuing and if it is known with respect to the Trusteeoutstanding Securities, the Trustee will mail to shall give the Holders a notice of the Default all uncured Defaults or Event Events of Default within ninety (90) days after it occurs. Except known to it; provided, however, that, except in the case of an Event of Default in payment with respect to such Securities or a Default or Event of Default in payment of principal of, premium, Additional Amounts, if any, or interest on, any Notecomplying with Article Eight, the Trustee shall not be deemed to have protected in withholding such actual knowledge and may withhold the notice if and so long as a committee of its Responsible Officers trust officers in good faith determines that the withholding the of such notice is in the interests interest of the Holders.
Appears in 1 contract
Samples: Indenture (Golden Sky Systems Inc)
Notice of Defaults. If a Default or Event of Default occurs and is continuing and if it the Trustee is known charged with knowledge thereof pursuant to the TrusteeSection 7.02(h) hereof, the Trustee will shall mail to Holders a notice of the Default or Event of Default within ninety (90) 90 days after it occurs. Except in the case of a Default or Event of Default in payment of principal of, premiumpremium on, or Additional AmountsInterest, if any, or interest on, on any Note, the Trustee shall not be deemed to have such actual knowledge and may withhold the notice if and so long as a committee of its Responsible Officers in good faith determines that withholding the notice is in the interests of the HoldersHolders of the Notes.
Appears in 1 contract
Samples: Indenture (Parker Drilling Co /De/)
Notice of Defaults. If a Default or Event of Default occurs and is continuing and if it is known to the Trustee, the Trustee will mail to Holders of Senior Discount Notes a notice of the Default or Event of Default within ninety (90) 90 days after it occurs. Except in the case of a Default or Event of Default in payment of Accreted Value or principal of, premium, premium or Additional AmountsInterest, if any, or interest on, any Senior Discount Note, the Trustee shall not be deemed to have such actual knowledge and may withhold the notice if and so long as a committee of its Responsible Officers in good faith determines that withholding the notice is in the interests of the HoldersHolders of the Senior Discount Notes.
Appears in 1 contract
Samples: Indenture (VHS of Anaheim Inc)
Notice of Defaults. If a Default or Event of Default occurs and is continuing and if it is known to the Trusteea Trust Officer, the Trustee will shall mail to Holders a each Holder written notice of the such Default or Event of Default within ninety (90) 90 days after it occurs. Except , or if later, a Trustee Officer has knowledge of such Default or Event of Default; provided that except in the case of a Default described in Section 6.01(a)(1) or Event of Default in payment of principal of, premium, Additional Amounts, if any, or interest on, any NoteSection 6.01(a)(2), the Trustee shall not be deemed to have such actual knowledge and may withhold the notice (except in payment on the Notes) if and so long as a committee of its Responsible Trust Officers of the Trustee in good faith determines that withholding the notice is in the interests of the Holders.
Appears in 1 contract
Samples: Indenture (Carriage Services Inc)
Notice of Defaults. If a Default or Event of Default occurs and is continuing and if it is actually known to the Trustee, the Trustee will mail shall provide to Holders a each Holder written notice of the Default within 30 days after it is actually known to a Trust Officer or written notice referring to this Indenture, describing such Default or Event of Default within ninety (90) days after it occursand stating that such notice is a “notice of default,” is received by the Trustee in accordance with Section 12.01. Except in the case of a Default or Event of Default in the payment of principal of, premium, Additional Amounts, of or premium (if any, ) or interest on, on any NoteSecurity, the Trustee shall not be deemed to have such actual knowledge and may withhold the notice if and so long as a committee of its Responsible Trust Officers in good faith determines that withholding the notice is in the interests of the Holders.
Appears in 1 contract
Samples: Indenture (Quotient LTD)
Notice of Defaults. If a Default or Event of Default occurs and is continuing and if it is known the Trustee has actual knowledge thereof (within the meaning of Section 8.2(f)), the ------------- Trustee shall mail to the Trustee, the Trustee will mail to Holders a notice of the Default or Event of Default within ninety (90) days after it occurs. Except in the case of a Default or Event of Default in the payment of principal of, premium, Additional Amountsor interest or Special Interest, if any, or interest on, on any Note, the Trustee shall not be deemed to have such actual knowledge and may withhold the notice if and so long as a committee of its Responsible Officers in good faith determines that withholding the notice is in the interests interest of the Holders.
Appears in 1 contract
Samples: Indenture (Airtran Holdings Inc)
Notice of Defaults. If a Default or an Event of Default occurs and is continuing and if it is known to the Debentures Trustee, the Debentures Trustee will shall mail to Holders a each Holder of the Exchange Debentures notice of the Default or Event of Default within ninety (90) 90 days after it occursthe occurrence thereof. Except in the case of a Default or an Event of Default in payment of principal of, of (and premium, Additional Amounts, if any, on) or interest on, on any NoteExchange Debentures, the Debentures Trustee shall not be deemed to have such actual knowledge and may withhold the notice to the Holders if and so long as a committee of its Responsible Officers trust officers in good faith determines that withholding the such notice is in the interests of the Holders.
Appears in 1 contract
Samples: Indenture (Citadel License Inc)
Notice of Defaults. If a Default or Event of Default occurs and is continuing and if it is actually known to the Trusteea Responsible Officer, the Trustee will shall mail to Holders a notice of the Default or Event of Default within ninety (90) days after it occurs. Except in the case of a Default or Event of Default in payment of principal of, premium, Additional Amounts, if any, or interest on, on any Note, the Trustee shall not be deemed to have such actual knowledge and may withhold the notice if and so long as the board of directors, the executive committee or a trust committee of its directors or Responsible Officers of the Trustee in good faith determines that withholding the notice is in the interests of the Holders.
Appears in 1 contract
Samples: Indenture (American Pacific Corp)
Notice of Defaults. If a the Trustee receives notice of any Default or Event of Default occurs and is continuing and if it is known to from the TrusteeCompany, the Trustee will mail to shall notify the Holders a notice of the Default or Event of Default as soon as possible and in any event within ninety (90) 30 days after it occursreceipt thereof in accordance with Section 12.01. Except in the case of a Default or Event of Default in payment of principal of, premium, Additional Amounts, if any, or interest on, on any Note, the Trustee shall not be deemed to have such actual knowledge and may withhold the notice if and so long as a committee of its Responsible Officers in good faith determines that withholding the notice is in the interests of the Holders.
Appears in 1 contract
Notice of Defaults. If a Default or Event of Default occurs and is continuing and if it is known to of which the TrusteeTrustee has actual knowledge, the Trustee will mail to Holders of Notes and for so long as the Escrow Agreement remains effective, the Escrow Agent, a notice of the Default or Event of Default within ninety (90) 90 days after it occurs. Except in the case of a Default or Event of Default in payment of principal of, premium, Additional Amounts, if any, or interest on, any Note, the Trustee shall not be deemed to have such actual knowledge and may withhold the notice if and so long as a committee of its Responsible Officers in good faith determines that withholding the notice is in the interests of the HoldersHolders of the Notes.
Appears in 1 contract
Samples: Indenture (Global Crossing LTD)
Notice of Defaults. If a Default or Event of Default occurs and is continuing and if it is known to the Trustee, the Trustee will mail shall give to Holders each Holder a notice of the Default or Event of Default within ninety (90) 90 days after it occursoccurs in the manner and to the extent provided in the TIA and otherwise as provided in this Indenture. Except in the case of a Default or Event of Default in payment of principal of, premium, Additional Amounts, if any, the Accreted Value of or interest on, on any NoteNote (including payments pursuant to a redemption or repurchase of the Notes pursuant to the provisions of this Indenture), the Trustee shall not be deemed to have such actual knowledge and may withhold the notice if and so long as a committee of its Responsible Officers in good faith determines that withholding the notice is in the interests of the Holdersholders.
Appears in 1 contract
Samples: Indenture (Pharma Services Intermediate Holding Corp)
Notice of Defaults. If a Default or Event of Default occurs and is -------------------- continuing and if it is known to the Trustee, the Trustee will shall mail to Holders a each Holder notice of the Default or Event of Default within ninety (90) 90 days after it occurs. Except in the case of (a) a Default or Event of Default in payment of principal of, premium, Additional Amountspremium (if any) or interest on any Note (including payments pursuant to the mandatory redemption provisions of such Note, if any, ) or (b) the failure to make the interest on, any Notepayment required pursuant to Section 4.02 hereof, the Trustee shall not be deemed to have such actual knowledge and may withhold the notice if and so long as a committee of its Responsible Officers in good faith determines that withholding the notice is in the interests of the Holders.
Appears in 1 contract
Samples: Indenture (Azteca Holdings Sa De Cv)
Notice of Defaults. If a Default or Event of Default occurs and is continuing and if it is actually known to a Responsible Officer of the Trustee, the Trustee will shall mail to Holders each Holder of Securities a notice of the Default or Event of Default within ninety (90) 60 days after it occurssuch Default or Event of Default becomes known to the Trustee. Except in the case of a Default or Event of Default in payment of principal of, premium, Additional Amounts, if any, or interest on, on any NoteSecurity, the Trustee shall not be deemed to have such actual knowledge and may withhold the notice if and so long as a committee of its Responsible Officers in good faith determines that withholding the notice is in the interests of the HoldersHolders of the Securities.
Appears in 1 contract
Notice of Defaults. If a Default or Event of Default occurs and is continuing and if it is known to the Trustee, the Trustee will mail to Holders of Notes a notice of the Default or Event of Default within ninety (90) 90 days after it occursbecomes aware of the Default or Event of Default. Except in the case of a Default or Event of Default in payment of principal of, premium, Additional Amountspremium on, if any, interest or interest Special Interest, if any, on, any Note, the Trustee shall not be deemed to have such actual knowledge and may withhold the notice if and so long as a committee of its Responsible Officers in good faith determines that withholding the notice is in the interests of the HoldersHolders of the Notes.
Appears in 1 contract
Samples: Indenture (Energy Partners LTD)
Notice of Defaults. If a Default or Event of Default occurs and is continuing and if it is actually known to the Trustee, the Trustee will shall mail to Holders each Holder a notice of the Default or Event of Default within ninety (90) 90 days after it occurs, unless such Default or Event of Default shall have been cured or waived. Except in the case of a Default or Event of Default in payment of principal of, premium, Additional Amounts, if any, on any Note under Section 6. l(a) or interest on, any Note6. l(b), the Trustee shall not be deemed to have such actual knowledge and may withhold the notice if and so long as a committee of its Responsible Trust Officers in good faith determines that withholding the notice is in the best interests of the Holders.
Appears in 1 contract
Samples: Indenture (Heico Corp)