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: Junior Subordinated Indenture (Bankamerica Capital Viii), Junior Subordinated Indenture (Chase Capital Iii), Indenture (Comerica Capital Trust Ii)

AutoNDA by SimpleDocs

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.), Trust 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: Junior Subordinated Indenture (City Holding Capital Trust Ii), Junior Subordinated Indenture (First Empire Capital Trust I), Junior Subordinated Indenture (Jeffbanks 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, 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 (Pentair Inc), Indenture (Deluxe 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 Default hereunder with respect to the Securities of any seriesDebentures, the Trustee shall transmit by mail to all Holders holders of Securities of such seriesthe Debentures, as their names and addresses appear in the Securities Debenture Register, notice of such defaultDefault, 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 InterestPayments) on any Security of such seriesDebenture, 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 directors and/or Responsible Officers of the Trustee determines in good faith determines that the withholding of such notice is in the interests of the Holders of Securities holders of such seriesDebentures; and provided, further, that, that in the case of any default Default of the character specified in Section 5.1(3section 7.1(a)(iii), no such notice to Holders holders of Securities of such series shall Debentures need be given sent until at least 30 thirty (30) days after the occurrence thereof. For the purpose of this Section, the term ".

Appears in 7 contracts

Samples: Indenture (S.Y. Bancorp Capital Trust II), Indenture (S Y Bancorp Inc), Indenture (S Y Bancorp 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: Indenture (American Financial Capital Trust I), Indenture (American Annuity Group Inc), Indenture (Provident Capital 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 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: Junior Subordinated Indenture (Scana Corp), Junior Subordinated Indenture (Downey Financial Corp), Junior Subordinated Indenture (Scana 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 seriesDebentures, the Trustee shall transmit by mail to all Holders holders of Securities of such seriesthe Debentures, as their names and addresses appear in the Securities Debenture 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 seriesDebenture, 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 directors and/or Responsible Officers of the Trustee determines in good faith determines that the withholding of such notice is in the interests of the Holders of Securities holders of such seriesDebentures; and provided, further, that, that in the case of any default of the character specified in Section 5.1(37.1(a)(iii), no such notice to Holders holders of Securities of such series shall Debentures need be given sent until at least 30 days after the occurrence thereof. For the purpose purposes of this SectionSection 9.2, the term "

Appears in 6 contracts

Samples: Indenture (Private Bancorp Capital Trust I), Indenture (R&g Financial Corp), Indenture (Second Bancorp 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 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), Indenture (Nisource 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 seriesSecurities, the Trustee shall transmit by mail to all Holders of Securities of such seriesSecurities, 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 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 seriesSecurities; 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 6 contracts

Samples: Junior Subordinated Indenture (Greater Community Bancorp), Junior Subordinated Indenture (GCB Capital Trust), Junior Subordinated Indenture (BNB Capital Trust)

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: Indenture (Cornell Abraxas Group, Inc.), Indenture (Weatherford International Inc /New/), Indenture (Weatherford International Inc /New/)

Notice of Defaults. Within The Trustee shall, within 90 days after actual knowledge by a Responsible Officer of the Trustee of the occurrence of any a default hereunder with respect to the Debt Securities of any series, the Trustee shall transmit by mail to all Holders Securityholders of Securities of such that series, as their the names and addresses of such holders appear in upon the Securities Debt Security Register, 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 (the term "defaults" for the purpose of this Section 5.08 being hereby defined to be the events specified in clauses (a), (b), (c), (d), (e) and (f) of Section 5.01, not including periods of grace, if any, provided for therein, and irrespective of the giving of written notice specified in clause (c) of Section 5.01); provided, however, and 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 the 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 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 Securityholders of such series; and provided, provided further, that, that in the case of any default of the character specified in Section 5.1(3), 5.01(c) no such notice to Holders of Securities Securityholders of such series shall be given until at least 30 60 days after the occurrence thereof. For the purpose of this Section, the term "thereof but shall be given within 90 days after such occurrence.

Appears in 5 contracts

Samples: Indenture (Leucadia Capital Trust I), Indenture (Transamerica Capital Iii), Indenture (Pxre 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 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: Junior Subordinated Indenture (MBNK Capital Trust I), Junior Subordinated Indenture (Fidbank Capital Trust I), Junior Subordinated Indenture (Fidelity Bancshares Nc Inc /De/)

Notice of Defaults. Within The Trustee shall, within 90 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 Securityholders of Securities of such that series, as their the names and addresses of such holders appear in upon the Securities RegisterSecurity register, 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 (the term "defaults" for the purpose of this Section 5.08 being hereby defined to be the events specified in clauses (a), (b), (c), (d), (e) and (f) of Section 5.01, not including periods of grace, if any, provided for therein, and irrespective of the giving of written notice specified in clause (c) of Section 5.01); provided, however, and 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 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 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 Securityholders of such series; and provided, provided further, that, that in the case of any default of the character specified in Section 5.1(3), 5.01(c) no such notice to Holders of Securities Securityholders of such series shall be given until at least 30 60 days after the occurrence thereof. For the purpose of this Section, the term "thereof but shall be given within 90 days after such occurrence.

Appears in 5 contracts

Samples: Indenture (Countrywide Financial Corp), Indenture (Countrywide Capital Ii), Indenture (Countrywide Capital Ii)

Notice of Defaults. Within The Trustee shall, within 90 days ------------------ after the actual knowledge by a Responsible Officer of the Trustee of the occurrence of any a default hereunder with respect to the Securities of any seriesDebentures, the Trustee shall transmit by mail to all Holders of Securities of such seriesSecurityholders, as their the names and addresses of such holders appear in upon the Securities Debenture Register, notice of such defaultall defaults with respect to the Debentures known to the Trustee, unless such default defaults shall have been cured or waivedbefore the giving of such notice (the term "defaults" for the purpose of this Section 5.8 being hereby defined to be the events specified in clauses (a), (b), (c), (d), (e) and (f) of Section 5.1, not including periods of grace, if any, provided for therein); 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 such seriesthe Debentures, 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 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 "Securityholders.

Appears in 5 contracts

Samples: Indenture (First Banks, Inc), Indenture (First Banks, Inc), Indenture (First Banks, 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 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: Junior Subordinated Indenture (Southern Community Bancshares Inc /Ga), Junior Subordinated Indenture (Community Financial Holding Co Inc), Junior Subordinated Indenture (Florida Community Banks 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 series, and so advises the Corporation in writing; and provided, 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 days after the occurrence thereof. For the purpose of this Section, the term ".

Appears in 4 contracts

Samples: Indenture (Ovintiv Inc.), Indenture (Encana Corp), Indenture (Encana 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(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: Indenture (Bay View Capital I), Indenture (Bay View Capital Corp), Indenture (Bay View Capital Corp)

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: Indenture (Finova Group Inc), Indenture (Finova Group Inc), Indenture (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 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 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: Senior Subordinated Indenture (Fresenius National Medical Care Holdings Inc), Senior Subordinated Indenture (Fresenius National Medical Care Holdings Inc), Senior Subordinated Indenture (Fresenius National Medical Care 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 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: Junior Subordinated Indenture (Bt Preferred Capital Trust Iv), Junior Subordinated Indenture (Centura Banks Inc), Junior Subordinated Indenture (First Hawaiian 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 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: Senior Indenture (First American Financial Corp), Senior Indenture (First American Financial Corp), Senior Indenture (First American Financial 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 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 (Atmos Energy Corp), Indenture (Oneok 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 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 (Arch Capital Group LTD), Indenture (Xl Capital LTD), Indenture (Xl Capital LTD)

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/), Subordinated Indenture (Masco Corp /De/), Subordinated Indenture (R H Donnelley Corp)

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 default hereunder a Default with respect to the Securities of any series, the Trustee shall transmit by mail to all Holders of Securities holders of such seriesSecurities, as their the names and addresses of such holders appear in upon the Securities Registerregistry books of the Corporation, notice of such defaultall Defaults actually known to a Responsible Officer of the Trustee, unless such default Defaults shall have been cured or waivedbefore the giving of such notice (the term β€œDefaults” for the purpose of this Section 7.08 being hereby defined to be the events specified in clauses (1), (2), (3), (4) and (5) of Section 7.01, not including periods of grace, if any, provided for therein and irrespective of the giving of the notice specified in clause (3) of Section 7.01); 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) interest, if any, on any Security of such seriesSecurities, 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 holders 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 "Securities.

Appears in 4 contracts

Samples: Indenture (Baltimore Gas & Electric Co), Indenture (Atlantic City Electric Co), Indenture (Baltimore Gas & Electric Co)

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 The Trustee shall, within 90 days after ------------------ the actual knowledge by a Responsible Officer of the Trustee of the occurrence of any a default hereunder with respect to the Securities of any seriesDebentures, the Trustee shall transmit by mail to all Holders of Securities of such seriesSecurityholders, as their the names and addresses of such holders appear in upon the Securities Debenture Register, notice of such defaultall defaults with respect to the Debentures known to the Trustee, unless such default defaults shall have been cured or waivedbefore the giving of such notice (the term "defaults" for the purpose of this Section 5.8 being hereby defined to be the events specified in clauses (a), (b), (c), (d), (e) and (f) of Section 5.1, not including periods of grace, if any, provided for therein); 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 such seriesthe Debentures, 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 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 "Securityholders.

Appears in 4 contracts

Samples: Indenture (New South Bancshares Inc), Indenture (Florida Banks Inc), Indenture (Florida Banks 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 extent provided in TIA Section 313(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 premiumpremium or Make-Whole Amount, if any) or interest (including on or any Additional Interest) on Amounts, if any, payable in respect of 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)5.1(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 SectionSection 6.1, the term "

Appears in 4 contracts

Samples: Indenture (Commercial Net Lease Realty Inc), Indenture (National Retail Properties, Inc.), Indenture (Commercial Net Lease Realty 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 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 (Meadwestvaco Corp), Indenture (Mead Corp), Indenture (Inco 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 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: Indenture (CNF Transportation Inc), Indenture (CNF Transportation Inc), Indenture (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 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: Junior Subordinated Indenture (American General Capital Iv), Senior Indenture (First American Financial Corp), Junior Subordinated Indenture (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 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 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: Indenture (Provident Companies Inc /De/), Indenture (Union Planters Corp), Indenture (Unumprovident Financing Trust Iii)

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: Indenture (Citigroup Inc), Indenture (Citigroup Capital XVIII), Indenture (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 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: Junior Subordinated Indenture (Aici Capital Trust), Junior Subordinated Indenture (Aici Capital Trust), Junior Subordinated Indenture (First Empire 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 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: Indenture (Citizens Funding Trust IV), Junior Subordinated Debt Indenture (Citizens Funding Trust IV), Subordinated Debt Indenture (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, 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 (Midamerican Energy Holdings Co /New/), Indenture (Mid American Energy Holdings Co /New/), Indenture (Southern Investments Uk 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 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: Junior Subordinated Indenture (CSC Capital Iii), Junior Subordinated Indenture (CCC Capital Trust Ii), Junior Subordinated Indenture (First Coastal Capital Trust)

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

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 "β€œ

Appears in 3 contracts

Samples: Indenture (Aptargroup, Inc.), Indenture (WaferGen Bio-Systems, Inc.), Indenture (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 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), Indenture (CSX Transportation Inc), Indenture (Nyc Newco 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 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: Junior Subordinated Indenture (Hl&p Capital Trust Iv), Junior Subordinated Indenture (Hl&p Capital Trust I), Junior Subordinated Indenture (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 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: Indenture (Reckson Operating Partnership Lp), Indenture (Reckson Associates Realty Corp), Indenture (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 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 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: Indenture (Americold Realty Operating Partnership, L.P.), Indenture (Piedmont Office Realty Trust, Inc.), Indenture (Piedmont Operating Partnership, 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 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/), Indenture (St Paul 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: Indenture (Cell Genesys Inc), Indenture (Northfield Laboratories Inc /De/), Indenture (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 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: Indenture (Kb Home), Subordinated Indenture (Kb Home), Senior Subordinated Indenture (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; 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: Indenture (Mediacom Capital Corp), Indenture (Mediacom Capital Corp), Indenture (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 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: Indenture (Airtran Holdings Inc), Indenture (Integrated Circuit Systems Inc), Indenture (Sabre Holding 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; 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 seriesseries or in the payment of any sinking fund installment with respect to Securities, the Trustee shall be protected in withholding such notice if and so long as the board of directors, the executive committee committee, or a trust committee of the board 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 seriesHolders; and providedPROVIDED, furtherFURTHER, that, that in the case of any default of the character specified in Section 5.1(3), 5.1(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: Indenture (McCormick & Co Inc), Indenture (McCormick & 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 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: Indenture (Gatx Financial Corp), Indenture (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)

Notice of Defaults. Within The Trustee shall, within 90 days after actual knowledge by a Responsible Officer of the Trustee of the occurrence of any a default hereunder actually known to the Trustee with respect to the Securities of any series, give notice of all defaults with respect to that series (i) if any Unregistered Securities of that series are then Outstanding, to the Trustee shall transmit Holders thereof, by mail publication at least once in an Authorized Newspaper in the Borough of Manhattan, The City of New York and (ii) to all Holders of Securities of such series, as their names and addresses appear series in the Securities Register, notice manner and to the extent provided in Section 313(c) of such defaultthe Trust Indenture Act, unless in each case such default defaults shall have been cured before the mailing or waivedpublication of such notice (the term β€œdefault” for the purpose of this Section being hereby defined to mean any event or condition which is, or with notice or lapse of time or both would become, an Event of Default); 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 the Securities of such series, or in the payment of any installment on 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 of the Holders of Securities Securityholders 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: Indenture (Smart Balance, Inc.), Indenture (Smart Balance, 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 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: Indenture (Cabot Industrial Properties Lp), Indenture (Cabot Industrial Trust)

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: Indenture (Virginia Paper Manufacturing Corp), Indenture (Media General 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 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 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 (Bay View Capital Corp), Indenture (Winn Dixie Stores Inc)

AutoNDA by SimpleDocs

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 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: Junior Subordinated Debt Securities Indenture (Travelers Property Casualty Corp), Junior Subordinated Debt Securities Indenture (Travelers Property Casualty Corp)

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), Indenture (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/), Indenture (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: Junior Subordinated Indenture (Liberty Financial Capital Trust Ii), Junior Subordinated Indenture (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, 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 "β€œdefault,” 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: Senior Indenture (MRM Capital Trust Iii), Senior Indenture (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 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 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 "β€œdefault” 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 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 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 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 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 trust 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(3) 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 2 contracts

Samples: Indenture (Carramerica Realty L P), Indenture (Carramerica 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 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 602, the term "β€œdefault” 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: Indenture (Arch Capital Group Ltd.), Indenture (Arch Capital Group Ltd.)

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 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) 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(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 (AMC Networks Inc.), Indenture (WE TV Studios 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 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: Junior Subordinated Indenture (Southern States Capital Trust I), Securities Purchase Agreement (DPL 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)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/), Indenture Agreement (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, 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 "β€œdefault” 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: Junior Subordinated Indenture (Silicon Valley Bancshares), Junior Subordinated Indenture (Silicon Valley Bancshares)

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 or purchase 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 that the withholding of such notice is in the interests interest of the Holders of the Securities and coupons of such series; and provided, further, that, provided further that in the case of any default Default or breach of the character specified in Section 5.1(3)5.01(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 purposes of this Section, the term "β€œ

Appears in 2 contracts

Samples: Indenture (Prospect Capital Corp), Indenture (Prospect 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 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: Indenture (CSC Holdings Inc), Indenture (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, Inc.), Indenture (Columbia Property Trust Operating Partnership, L.P.)

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 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)Sections 5.1(4) and 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 days after the occurrence thereofsuch default shall have become an Event of Default with respect to Securities of such series. For the purpose of this SectionSections 6.1 and 6.2, the term "

Appears in 2 contracts

Samples: Indenture (Cit Group Inc), Indenture (Cit Group Inc)

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: Junior Subordinated Indenture (Compass Trust Iii), Junior Subordinated Indenture (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 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.), Indenture (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 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: Indenture (Intermedia Communications Inc), Indenture (Genesee & Wyoming 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 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 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: Junior Subordinated Indenture (Pennsylvania Power & Light Co /Pa), Indenture (Comerica 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; 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: Junior Subordinated Indenture (Pacific Crest Capital Inc), Junior Subordinated Indenture (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 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: Merger Agreement (Reckson Associates Realty Corp), Indenture (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 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: Indenture (Apex Silver Mines LTD), Indenture (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 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: Junior Subordinated Indenture (Rga Capital Trust Ii), Junior Subordinated Indenture (Reinsurance Group of America 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 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: Senior Indenture (Cit Group Inc), Subordinated Indenture (Cit 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 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: Indenture (Agl Resources Inc), Indenture (Agl Capital Trust Iii)

Notice of Defaults. Within 90 days after actual knowledge by a Responsible Officer of the Trustee has actual knowledge of the occurrence of any default hereunder with respect to the Securities of any series, the Trustee shall transmit by mail or electronic means 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 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 it 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 "β€œ

Appears in 1 contract

Samples: Indenture (W. P. Carey 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 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 thereofof an Event of Default. For the purpose of this Section, the term "

Appears in 1 contract

Samples: Restated Indenture (Allied Waste North America Inc/De/)

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(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 90 days after the occurrence thereof. For the purpose of this Section, the term "

Appears in 1 contract

Samples: Indenture Relating to Senior Subordinated Debt Securities (Oryx Energy Co)

Notice of Defaults. Within The Trustee shall, within 90 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 Securityholders of Securities of such that series, as their the names and addresses of such holders appear in upon the Securities RegisterSecurity register, 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 (the term "defaults" for the purpose of this Section 5.08 being hereby defined to be the events specified in clauses (a), (b), (c), (d) and (e) of Section 5.01, not including periods of grace, if any, provided for therein, and irrespective of the giving of written notice specified in clause (c) of Section 5.01); provided, however, and 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 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 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 Securityholders of such series; and provided, provided further, that, that in the case of any default of the character specified in Section 5.1(3), 5.01 (c) no such notice to Holders of Securities Securityholders of such series shall be given until at least 30 60 days after the occurrence thereof. For the purpose of this Section, the term "thereof but shall be given within 90 days after such occurrence.

Appears in 1 contract

Samples: Indenture (Chevron Phillips Chemical Co LLC)

Notice of Defaults. Within The Trustee shall, within 90 days --------------------- after the actual knowledge by a Responsible Officer of the Trustee of the occurrence of any a default hereunder with respect to the Securities of any seriesDebentures, the Trustee shall transmit by mail to all Holders of Securities of such seriesSecurityholders, as their the names and addresses of such holders appear in upon the Securities Debenture Register, notice of such defaultall defaults with respect to the Debentures known to the Trustee, unless such default defaults shall have been cured or waivedbefore the giving of such notice (the term "defaults" for the purpose of this Section 5.8 being hereby defined to be the events specified in clauses (a), (b), (c), (d), (e) and (f) of Section 5.1, not including periods of grace, if any, provided for therein); 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 such seriesthe Debentures, 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 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 "Securityholders.

Appears in 1 contract

Samples: Indenture (Intervest Bancshares 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 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 1 contract

Samples: Indenture (Banknorth 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 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 "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 1 contract

Samples: Junior Subordinated Indenture (Associated Banc-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 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 106, 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), 501(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 1 contract

Samples: Indenture (Chiquita Brands International 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 SectionSection 6.2, the term "

Appears in 1 contract

Samples: Junior Subordinated Indenture (Sea Pines Associates Inc)

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!