Common use of Notice of Indenture Default Clause in Contracts

Notice of Indenture Default. The Indenture Trustee shall transmit to the Owner Trustee, the Holders, the Liquidity Provider and the Owner Participant notice of any Indenture Event of Defaults actually known to a Responsible Officer of the Indenture Trustee or any Indenture Event of Default or Indenture Default arising under Section 7.01(i) (arising out of a Lease Event of Default under Section 16(a) of the Lease) or 7.01(ii), such notice to be transmitted by mail to the Holders, the Liquidity Provider, the Owner Trustee and any Owner Participant promptly after the occurrence thereof, unless any such Indenture Default or Indenture Event of Default shall have been cured before the giving of such notice; provided that, except in the case of default in the payment of the principal of or interest on or any other amount due under any of the Equipment Notes, the Indenture Trustee shall be protected in withholding such notice to the Holders if and so long as the board of directors, the executive committee, or a trust committee of directors or trustees and/or Responsible Officers of the Indenture Trustee in good faith determines that the withholding of such notice is in the interests of the Holders. In the case of any Indenture Event of Default relating to a Lease Event of Default, the Indenture Trustee agrees to give the Holders, the Owner Trustee and the Owner Participant not less than ten Business Days prior notice of the date on which the Indenture Trustee may commence the exercise of any remedy made under Section 7.02.

Appears in 1 contract

Samples: Trust Indenture and Security Agreement (Midway Airlines Corp)

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Notice of Indenture Default. The Indenture Trustee shall --------------------------- transmit to the Owner Trustee, the Holders, the Liquidity Provider and the Owner Participant notice of any Indenture Event of Defaults Default actually known to a Responsible Officer of the Indenture Trustee or any Indenture Event of Default or Indenture Default arising under Section 7.01(i) (arising out of a Lease Event of Default under Section 16(a) of the Lease) or 7.01(ii), such notice to be transmitted by mail to the Holders, the Liquidity Provider, the Owner Trustee and any Owner Participant promptly after the occurrence thereof, unless any such Indenture Default or Indenture Event of Default shall have been cured before the giving of such notice; provided that, except in the case of default in the -------- ---- payment of the principal of or interest on or any other amount due under any of the Equipment Notes, the Indenture Trustee shall be protected in withholding such notice to the Holders if and so long as the board of directors, the executive committee, or a trust committee of directors or trustees and/or Responsible Officers of the Indenture Trustee in good faith determines that the withholding of such notice is in the interests of the Holders. In the case of any Indenture Event of Default relating to or arising out of a Lease Default or an Event of Default, the Indenture Trustee agrees to give the Holders, the Owner Trustee and the Owner Participant not less than ten Business Days prior notice of the date (the "Enforcement Date") on which the Indenture Trustee may commence the exercise of any remedy made under Section 7.027.02 (other than those specified in Section 7.02(b) or 7.02(c)).

Appears in 1 contract

Samples: Trust Indenture and Security Agreement (Midway Airlines Corp)

Notice of Indenture Default. The Indenture Trustee shall --------------------------- transmit to the Owner Trustee, the Holders, the Liquidity Provider and the Owner Participant notice of any Indenture Event of Defaults Default actually known to a Responsible Officer of the Indenture Trustee or any Indenture Event of Default or Indenture Default arising under Section 7.01(i) (arising out of a Lease Event of Default under Section 16(a) of the Lease) or 7.01(ii), such notice to be transmitted by mail to the Holders, the Liquidity Provider, the Owner Trustee and any Owner Participant promptly after the occurrence thereof, unless any such Indenture Default or Indenture Event of Default shall have been cured before the giving of such notice; provided that, ------------- except in the case of default in the payment of the principal of or interest on or any other amount due under any of the Equipment Notes, the Indenture Trustee shall be protected in withholding such notice to the Holders if and so long as the board of directors, the executive committee, or a trust committee of directors or trustees and/or Responsible Officers of the Indenture Trustee in good faith determines that the withholding of such notice is in the interests of the Holders. In the case of any Indenture Event of Default relating to or arising out of a Lease Default or an Event of Default, the Indenture Trustee agrees to give the Holders, the Owner Trustee and the Owner Participant not less than ten Business Days prior notice of the date (the "Enforcement Date") on which the Indenture Trustee may commence the exercise of any remedy made under Section 7.027.02 (other than those specified in Section 7.02(b) or 7.02(c)).

Appears in 1 contract

Samples: Note Purchase Agreement (Midway Airlines Corp)

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Notice of Indenture Default. The Indenture Trustee shall transmit to the Owner Trustee, the Holders, the Liquidity Provider and the Owner Participant notice of any Indenture Event of Defaults actually known to a Responsible -40- Officer of the Indenture Trustee or any Indenture Event of Default or Indenture Default arising under Section 7.01(i) (arising out of a Lease Event of Default under Section 16(a) of the Lease) or 7.01(ii), such notice to be transmitted by mail to the Holders, the Liquidity Provider, the Owner Trustee and any Owner Participant promptly after the occurrence thereof, unless any such Indenture Default or Indenture Event of Default shall have been cured before the giving of such notice; provided that, except in the case of default in the payment of the principal of or interest on or any other amount due under any of the Equipment Notes, the Indenture Trustee shall be protected in withholding such notice to the Holders if and so long as the board of directors, the executive committee, or a trust committee of directors or trustees and/or Responsible Officers of the Indenture Trustee in good faith determines that the withholding of such notice is in the interests of the Holders. In the case of any Indenture Event of Default relating to a Lease Event of Default, the Indenture Trustee agrees to give the Holders, the Owner Trustee and the Owner Participant not less than ten Business Days prior notice of the date on which the Indenture Trustee may commence the exercise of any remedy made under Section 7.02.

Appears in 1 contract

Samples: Note Purchase Agreement (Midway Airlines Corp)

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