Common use of Notice to the Trustee Clause in Contracts

Notice to the Trustee. The Company will give prompt written notice to the Trustee of any fact known to the Company that would prohibit the Company from making any payment to or by the Trustee in respect of the Bonds in accordance with the provisions of this Article XIII. The Trustee will not be charged with the knowledge of the existence of any Senior Indebtedness or an event that would prohibit the making of any payment to or by the Trustee or any Paying Agent unless and until a Responsible Officer of the Trustee has received a written notice specifying such signed by the Company, or by a holder of Senior Indebtedness; and prior to the receipt of any such written notice, the Trustee will be entitled to assume that no such facts exist; provided that, if the Trustee will not have received the notice of any event that would prohibit the making of any payment to or by the Trustee or any Paying Agent provided for in this Section 13.07 at least five Business Days prior to the date upon which, by the terms of the Indenture, any monies will become payable for any purpose (including, without limitation, the payment of the principal of or interest on any Bond), then, notwithstanding anything herein to the contrary, the Trustee will have full power and authority to receive any monies from the Company and to apply the same to the purpose for which they were received, and will not be affected by any notice to the contrary that may be received by it on or after such prior date except for an acceleration of the Bonds prior to such application. The foregoing will not apply if the Paying Agent is the Company. The Trustee will be entitled to conclusively rely on the delivery to it of a written notice by a Person representing himself or itself to be a holder of any Senior Indebtedness (or a trustee on behalf of, or agent of, such holder) to establish that such notice has been given by a holder of such Senior Indebtedness or a trustee or agent on behalf of any such holder. In the event that the Trustee determines in good faith that any evidence is required with respect to the right of any Person as a holder of Senior Indebtedness to participate in any payment or distribution in accordance with this Article XI, the Trustee may request such Person to furnish evidence to the reasonable satisfaction of the Trustee as to the amount of Senior Indebtedness held by such Person, the extent to which such Person is entitled to participate in such payment or distribution and any other facts pertinent to the rights of such Person under this Article XI and, if such evidence is not furnished to the Trustee, the Trustee may defer any payment to such Person pending such evidence being furnished to the Trustee or a judicial determination that such Person has the right to receive such payment.

Notice to the Trustee. The Company will give prompt written notice to the Trustee of any fact known to the Company that would prohibit the Company from making any payment to or by the Trustee in respect of the Bonds in accordance with the provisions of this Article XIII. The Trustee will not be charged with the knowledge of the existence of any Senior Indebtedness or an event that would prohibit the making of any payment to or by the Trustee or any Paying Agent unless and until a Responsible Officer of the Trustee has received a written notice specifying such signed by the Company, or by a holder of Senior Indebtedness; and prior to the receipt of any such written notice, the Trustee will be entitled to assume that no such facts exist; provided that, if the Trustee will not have received the notice of any event that would prohibit the making of any payment to or by the Trustee or any Paying Agent provided for in this Section 13.07 13.08 at least five Business Days prior to the date upon which, by the terms of the Indenture, any monies will become payable for any purpose (including, without limitation, the payment of the principal of or interest on any Bond), then, notwithstanding anything herein to the contrary, the Trustee will have full power and authority to receive any monies from the Company and to apply the same to the purpose for which they were received, and will not be affected by any notice to the contrary that may be received by it on or after such prior date except for an acceleration of the Bonds prior to such application. The foregoing will not apply if the Paying Agent is the Company. The Trustee will be entitled to conclusively rely on the delivery to it of a written notice by a Person representing himself or itself to be a holder of any Senior Indebtedness (or a trustee on behalf of, or agent of, such holder) to establish that such notice has been given by a holder of such Senior Indebtedness or a trustee or agent on behalf of any such holder. In the event that the Trustee determines in good faith that any evidence is required with respect to the right of any Person as a holder of Senior Indebtedness to participate in any payment or distribution in accordance with this Article XIXIII, the Trustee may request such Person to furnish evidence to the reasonable satisfaction of the Trustee as to the amount of Senior Indebtedness held by such Person, the extent to which such Person is entitled to participate in such payment or distribution and any other facts pertinent to the rights of such Person under this Article XI XIII and, if such evidence is not furnished to the Trustee, the Trustee may defer any payment to such Person pending such evidence being furnished to the Trustee or a judicial determination that such Person has the right to receive such payment.

Notice to the Trustee. The Company will shall give prompt written notice to a Responsible Officer of the Trustee of any fact known to the Company that would prohibit the Company from making of any payment of monies to or by the Trustee in respect of the Bonds in accordance with Junior Subordinated Notes pursuant to the provisions of this Article. Notwithstanding the provisions of this Article XIII. The or any other provision of this Indenture, the Trustee will shall not be charged with the knowledge of the existence of any Senior Indebtedness or an event facts that would prohibit the making of any payment of monies to or by the Trustee or any Paying Agent in respect of the Junior Subordinated Notes pursuant to the provisions of this Article unless and until a Responsible Officer of the Trustee has shall have received a written notice specifying such signed by thereof at the Company, Corporate Trust Office of the Trustee from the Company or by a holder or holders of Senior IndebtednessIndebtedness or from any trustee therefor; and prior to before the receipt of any such written notice, the Trustee will Trustee, subject to the provisions of Section 601, shall be entitled in all respects to assume that no such facts exist; provided thatprovided, however, that if the Trustee will shall not have received the notice of any event that would prohibit the making of any payment to or by the Trustee or any Paying Agent provided for in this Section 13.07 1310 at least five two Business Days prior to the date upon which, by the terms of the Indenturehereof, any monies will money may become payable for any purpose (including, without limitation, the payment of the principal of (or premium, if any) or interest on any BondJunior Subordinated Note), then, notwithstanding anything herein contained to the contrarycontrary notwithstanding, the Trustee will shall have full power and authority to receive any monies from the Company such money and to apply the same to the purpose purposes for which they were received, and will shall not be affected by any notice to the contrary that may be received by it on or after such prior date except for an acceleration of the Bonds within two Business Days prior to such applicationdate. The foregoing will not apply if Trustee, subject to the Paying Agent is the Company. The Trustee will provisions of Section 601, shall be entitled to conclusively rely on the delivery to it of a written notice by a Person representing himself or itself to be a holder of any Senior Indebtedness (or a trustee on behalf of, or agent of, of such holder) to establish that such notice has been given by a holder of such Senior Indebtedness or a trustee or agent on behalf of any such holderholder or holders. In the event that the Trustee determines in good faith that any further evidence is required with respect to the right of any Person as a holder of Senior Indebtedness to participate in any payment or distribution in accordance with pursuant to this Article XIArticle, the Trustee may request such Person to furnish evidence to the reasonable satisfaction of the Trustee as to the amount of Senior Indebtedness held by such Person, the extent to which such Person is entitled to participate in such payment or distribution and any other facts pertinent to the rights of such Person under this Article XI andArticle, and if such evidence is not furnished to the Trustee, the Trustee may defer any payment to such Person pending such evidence being furnished judicial determination as to the Trustee or a judicial determination that right of such Person has the right to receive such payment.

Notice to the Trustee. The Company will shall give prompt written notice to a Responsible Officer of the Trustee of any fact known to the Company that would prohibit the Company from making of any payment of monies to or by the Trustee in respect of the Bonds in accordance with Securities pursuant to the provisions of this Article. Notwithstanding the provisions of this Article XIII. The or any other provision of this Indenture, the Trustee will shall not be charged with the knowledge of the existence of any Senior Indebtedness or an event facts that would prohibit the making of any payment of monies to or by the Trustee or any Paying Agent in respect of the Securities pursuant to the provisions of this Article unless and until a Responsible Officer of the Trustee has shall have received a written notice specifying such signed by thereof at the Company, Corporate Trust Office of the Trustee from the Company or by a holder or holders of Senior IndebtednessIndebtedness or from any trustee therefor; and prior to before the receipt of any such written notice, the Trustee will Trustee, subject to the provisions of Section 601, shall be entitled in all respects to assume that no such facts exist; provided thatprovided, however, that if the Trustee will shall not have received the notice of any event that would prohibit the making of any payment to or by the Trustee or any Paying Agent provided for in this Section 13.07 1210 at least five two Business Days prior to the date upon which, by the terms of the Indenturehereof, any monies will money may become payable for any purpose (including, without limitation, the payment of the principal of (or premium, if any) or interest on any BondSecurity), then, notwithstanding anything herein contained to the contrarycontrary notwithstanding, the Trustee will shall have full power and authority to receive any monies from the Company such money and to apply the same to the purpose purposes for which they were received, and will shall not be affected by any notice to the contrary that may be received by it on or after such prior date except for an acceleration of the Bonds within two Business Days prior to such applicationdate. The foregoing will not apply if Trustee, subject to the Paying Agent is the Company. The Trustee will provisions of Section 601, shall be entitled to conclusively rely on the delivery to it of a written notice by a Person representing himself or itself to be a holder of any Senior Indebtedness (or a trustee on behalf of, or agent of, of such holder) to establish that such notice has been given by a holder of such Senior Indebtedness or a trustee or agent on behalf of any such holderholder or holders. In the event that the Trustee determines in good faith that any further evidence is required with respect to the right of any Person as a holder of Senior Indebtedness to participate in any payment or distribution in accordance with pursuant to this Article XIArticle, the Trustee may request such Person to furnish evidence to the reasonable satisfaction of the Trustee as to the amount of Senior Indebtedness held by such Person, the extent to which such Person is entitled to participate in such payment or distribution and any other facts pertinent to the rights of such Person under this Article XI andArticle, and if such evidence is not furnished to the Trustee, the Trustee may defer any payment to such Person pending such evidence being furnished judicial determination as to the Trustee or a judicial determination that right of such Person has the right to receive such payment.

Notice to the Trustee. The Company will give prompt written notice to the Trustee of any fact known to the Company that would prohibit the Company from making any payment to or by the Trustee in respect of the Bonds in accordance with the provisions of this Article XIII. The Trustee will not be charged with the knowledge of the existence of any Senior Indebtedness or an event that would prohibit the making of any payment to or by the Trustee or any Paying Agent unless and until a Responsible Officer of the Trustee has received a written notice specifying such signed by the Company, or by a holder of Senior Indebtedness; and prior to the receipt of any such written notice, the Trustee will be entitled to assume that no such facts exist; provided that, if the Trustee will not have received the notice of any event that would prohibit the making of any payment to or by the Trustee or any Paying Agent provided for in this Section 13.07 at least five Business Days prior to the date upon which, by the terms of the Indenture, any monies will become payable for any purpose (including, without limitation, the payment of the principal of or interest on any Bond), then, notwithstanding anything herein to the contrary, the Trustee will have full power and authority to receive any monies from the Company and to apply the same to the purpose for which they were received, and will not be affected by any notice to the contrary that may be received by it on or after such prior date except for an acceleration of the Bonds prior to such application. The foregoing will not apply if the Paying Agent is the Company. The Trustee will be entitled to conclusively rely on the delivery to it of a written notice by a Person representing himself or itself to be a holder of any Senior Indebtedness (or a trustee on behalf of, or agent of, such holder) to establish that such notice has been given by a holder of such Senior Indebtedness or a trustee or agent on behalf of any such holder. In the event that the Trustee determines in good faith that any evidence is required with respect to the right of any Person as a holder of Senior Indebtedness to participate in any payment or distribution in accordance with this Article XIXIII, the Trustee may request such Person to furnish evidence to the reasonable satisfaction of the Trustee as to the amount of Senior Indebtedness held by such Person, the extent to which such Person is entitled to participate in such payment or distribution and any other facts pertinent to the rights of such Person under this Article XI XIII and, if such evidence is not furnished to the Trustee, the Trustee may defer any payment to such Person pending such evidence being furnished to the Trustee or a judicial determination that such Person has the right to receive such payment.

Notice to the Trustee. The Company will shall give prompt written notice to a Responsible Officer of the Trustee at the Corporate Trust Office of any fact known to the Company that would prohibit the Company from making any payment to or by the Trustee in respect of the Bonds in accordance with the provisions of this Article XIII. The Trustee will not be charged with the knowledge of the existence of any Senior Indebtedness or an event that which would prohibit the making of any payment of monies to or by the Trustee or any Paying Agent in respect of the Securities pursuant to the provisions of this Article Fourteen. Notwithstanding the provisions of this Article Fourteen or any other provision of this Indenture, the Trustee shall not be charged with knowledge of the existence of any facts which would prohibit the making of any payment of monies to or by the Trustee or Paying Agent in respect of the Securities pursuant to the provisions of this Article Fourteen, unless and until a Responsible Officer of the Trustee has shall have received a written notice specifying such signed by thereof at the Company, Corporate Trust Office from the Company or by a holder or holders of Senior IndebtednessIndebtedness or from any trustee therefor; and prior to before the receipt of any such written notice, the Trustee will Trustee, subject to the provisions of Section 601, shall be entitled in all respects to assume that no such facts exist; provided thatprovided, however, that if the Trustee will shall not have received the notice of any event that would prohibit the making of any payment to or by the Trustee or any Paying Agent provided for in this Section 13.07 1406 at least five three Business Days prior to the date upon which, which by the terms of the Indenture, hereof any monies will money may become payable for any purpose (including, without limitation, the payment of the principal of (or premium, if any) or interest on any BondSecurity), then, notwithstanding anything herein contained to the contrarycontrary notwithstanding, the Trustee will shall have full power and authority to receive any monies from the Company such money and to apply the same to the purpose purposes for which they were received, and will shall not be affected by any notice to the contrary that which may be received by it on or after such prior date except for an acceleration of the Bonds within three Business Days prior to such applicationdate. The foregoing will not apply if Trustee, subject to the Paying Agent is the Company. The Trustee will provisions of Section 601, shall be entitled to conclusively rely on the delivery to it of a written notice by a Person representing himself or itself to be a the holder of any Senior Indebtedness (or a trustee on behalf of, or agent of, of such holder) to establish that such notice has been given by a holder of such Senior Indebtedness or a trustee or agent on behalf of any such holderholder or holders. In the event that the Trustee determines in good faith that any further evidence is required with respect to the right of any Person as a holder of Senior Indebtedness to participate in any payment or distribution in accordance with pursuant to this Article XIFourteen, the Trustee may request such Person to furnish evidence to the reasonable satisfaction of the Trustee as to the amount of Senior Indebtedness held by such Person, the extent to which such Person is entitled to participate in such payment or distribution and any other facts pertinent to the rights of such Person under this Article XI andFourteen, and if such evidence is not furnished to the Trusteefurnished, the Trustee may defer any payment to such Person pending such evidence being furnished judicial determination as to the Trustee or a judicial determination that right of such Person has the right to receive such payment.

Notice to the Trustee. (a) The Company will shall give prompt written notice to a Responsible Officer of the Trustee of any fact known to the Company that would prohibit the Company from making of any payment of monies to or by the Trustee in respect of the Bonds in accordance with Securities pursuant to the provisions of this Article. Notwithstanding the provisions of this Article XIII. The or any other provision of this Indenture, the Trustee will shall not be charged with the knowledge of the existence of any Senior Indebtedness or an event facts that would prohibit the making of any payment of monies to or by the Trustee or any Paying Agent in respect of the Securities pursuant to the provisions of this Article unless and until a Responsible Officer of the Trustee has shall have received a written notice specifying such signed by thereof at the Company, Corporate Trust Office of the Trustee from the Company or by a holder or holders of Senior IndebtednessIndebtedness or from any trustee therefor; and prior to before the receipt of any such written notice, the Trustee will Trustee, subject to the provisions of Section 8.1, shall be entitled in all respects to assume that no such facts exist; provided thatprovided, however, that if the Trustee will shall not have received the notice of any event that would prohibit the making of any payment to or by the Trustee or any Paying Agent provided for in this Section 13.07 12.10 at least five two Business Days prior to the date upon which, by the terms of the Indenturehereof, any monies will money may become payable for any purpose (including, without limitation, the payment of the principal of (or premium, if any) or interest on any BondSecurities), then, notwithstanding anything herein contained to the contrarycontrary notwithstanding, the Trustee will shall have full power and authority to receive any monies from the Company such money and to apply the same to the purpose purposes for which they were received, and will shall not be affected by any notice to the contrary that may be received by it on or after such prior date except for an acceleration of the Bonds within two Business Days prior to such application. The foregoing will not apply if the Paying Agent is the Company. The Trustee will be entitled to conclusively rely on the delivery to it of a written notice by a Person representing himself or itself to be a holder of any Senior Indebtedness (or a trustee on behalf of, or agent of, such holder) to establish that such notice has been given by a holder of such Senior Indebtedness or a trustee or agent on behalf of any such holder. In the event that the Trustee determines in good faith that any evidence is required with respect to the right of any Person as a holder of Senior Indebtedness to participate in any payment or distribution in accordance with this Article XI, the Trustee may request such Person to furnish evidence to the reasonable satisfaction of the Trustee as to the amount of Senior Indebtedness held by such Person, the extent to which such Person is entitled to participate in such payment or distribution and any other facts pertinent to the rights of such Person under this Article XI and, if such evidence is not furnished to the Trustee, the Trustee may defer any payment to such Person pending such evidence being furnished to the Trustee or a judicial determination that such Person has the right to receive such paymentdate.

Notice to the Trustee. The Company will shall give prompt written notice to a Responsible Officer of the Trustee of any fact known to the Company that would prohibit the Company from making of any payment of monies to or by the Trustee in respect of the Bonds in accordance with Securities pursuant to the provisions of this Article. Notwithstanding the provisions of this Article XIII. The or any other provision of this Indenture, the Trustee will shall not be charged with the knowledge of the existence of any Senior Indebtedness or an event facts that would prohibit the making of any payment of monies to or by the Trustee or any Paying Agent in respect of the Securities pursuant to the provisions of this Article unless and until a Responsible Officer of the Trustee has shall have received a written notice specifying such signed by thereof at the Company, Corporate Trust Office of the Trustee from the Company or by a holder or holders of Senior IndebtednessIndebtedness or from any trustee therefor; and prior to before the receipt of any such written notice, the Trustee will Trustee, subject to the provisions of Section 601, shall be entitled in all respects to assume that no such facts exist; provided thatprovided, however, that if the Trustee will shall not have received the notice of any event that would prohibit the making of any payment to or by the Trustee or any Paying Agent provided for in this Section 13.07 1610 at least five two Business Days prior to the date upon which, by the terms of the Indenturehereof, any monies will money may become payable for any purpose (including, without limitation, the payment of the principal of (or premium, if any) or interest on any BondSecurity), then, notwithstanding anything herein contained to the contrarycontrary notwithstanding, the Trustee will shall have full power and authority to receive any monies from the Company such money and to apply the same to the purpose purposes for which they were received, and will shall not be affected by any notice to the contrary that may be received by it on or after such prior date except for an acceleration of the Bonds within two Business Days prior to such applicationdate. The foregoing will not apply if Trustee, subject to the Paying Agent is the Company. The Trustee will provisions of Section 601, shall be entitled to conclusively rely on the delivery to it of a written notice by a Person representing himself or itself to be a holder of any Senior Indebtedness (or a trustee on behalf of, or agent of, of such holder) to establish that such notice has been given by a holder of such Senior Indebtedness or a trustee or agent on behalf of any such holderholder or holders. In the event that the Trustee determines in good faith that any further evidence is required with respect to the right of any Person as a holder of Senior Indebtedness to participate in any payment or distribution in accordance with pursuant to this Article XIArticle, the Trustee may request such Person to furnish evidence to the reasonable satisfaction of the Trustee as to the amount of Senior Indebtedness held by such Person, the extent to which such Person is entitled to participate in such payment or distribution and any other facts pertinent to the rights of such Person under this Article XI andArticle, and if such evidence is not furnished to the Trustee, the Trustee may defer any payment to such Person person pending such evidence being furnished judicial determination as to the Trustee or a judicial determination that right of such Person has the right person to receive such payment.

Notice to the Trustee. The Company will shall give prompt written notice to a Responsible Officer of the Trustee of any fact known to the Company that would prohibit the Company from making of any payment of monies to or by the Trustee in respect of the Bonds in accordance with Junior Subordinated Notes pursuant to the provision of this Article. Notwithstanding the provisions of this Article XIII. The or any other provision of this Indenture, the Trustee will shall not be charged with the knowledge of the existence of any Senior Indebtedness or an event facts that would prohibit the making of any payment of monies to or by the Trustee or any Paying Agent in respect of the Junior Subordinated Notes pursuant to the provisions of this Article unless and until a Responsible Officer of the Trustee has shall have received a written notice specifying such signed by thereof at the Company, Corporate Trust Office of the Trustee from the Company or by a holder or holders of Senior IndebtednessIndebtedness or from any trustee therefor; and prior to before the receipt of any such written notice, the Trustee will Trustee, subject to the provisions of Section 601, shall be entitled to all respects to assume that no such facts exist; provided thatprovided, however, that if the Trustee will shall not have received the notice of any event that would prohibit the making of any payment to or by the Trustee or any Paying Agent provided for in this Section 13.07 1310 at least five two Business Days prior to the date upon which, by the terms of the Indenturehereof, any monies will money may become payable for any purpose (including, without limitation, the payment of the principal of (or premium, if any) or interest on any BondJunior Subordinated Note), then, notwithstanding anything herein contained to the contrarycontrary notwithstanding, the Trustee will shall have full power and authority to receive any monies from the Company such money and to apply the same to the purpose purposes for which they were received, and will shall not be affected by any notice to the contrary that may be received by it on or after such prior date except for an acceleration of the Bonds within two Business Days prior to such applicationdate. The foregoing will not apply if Trustee, subject to the Paying Agent is the Company. The Trustee will provisions of Section 601, shall be entitled to conclusively rely on the delivery to it of a written notice by a Person representing himself or itself to be a holder of any Senior Indebtedness (or a trustee on behalf of, or agent of, of such holder) to establish that such notice has been given by a holder of such Senior Indebtedness or a trustee or agent on behalf of any such holderholder or holders. In the event that the Trustee determines in good faith that any further evidence is required with respect to the right of any Person as a holder of Senior Indebtedness to participate in any payment or distribution in accordance with pursuant to this Article XIArticle, the Trustee may request such Person to furnish evidence to the reasonable satisfaction of the Trustee as to the amount of Senior Indebtedness held by such Person, the extent to which such Person is entitled to participate in such payment or distribution and any other facts pertinent to the rights of such Person under this Article XI andArticle, and if such evidence is not furnished to the Trustee, the Trustee may defer any payment to such Person pending such evidence being furnished judicial determination as to the Trustee or a judicial determination that right of such Person has the right to receive such payment.

Notice to the Trustee. The Company will shall give prompt written notice to a Responsible Officer of the Trustee of any fact known to the Company that would prohibit the Company from making of any payment of monies to or by the Trustee in respect of the Bonds in accordance with Junior Subordinated Notes pursuant to the provisions of this Article. Notwithstanding the provisions of this Article XIII. The or any other provision of this Indenture, the Trustee will shall not be charged with the knowledge of the existence of any Senior Indebtedness or an event facts that would prohibit the making of any payment of monies to or by the Trustee or any Paying Agent in respect of the Junior Subordinated Notes pursuant to the provisions of this Article unless and until a Responsible Officer of the Trustee has shall have received a written notice specifying such signed by thereof at the Company, Corporate Trust Office of the Trustee from the Company or by a holder or holders of Senior IndebtednessIndebtedness or from any trustee therefor; and prior to before the receipt of any such written notice, the Trustee will Trustee, subject to the provisions of Section 601, shall be entitled in all respects to assume that no such facts exist; provided thatprovided, however, that if the Trustee will shall not have received the notice of any event that would prohibit the making of any payment to or by the Trustee or any Paying Agent provided for in this Section 13.07 1310 at least five 2 Business Days prior to the date upon which, by the terms of the Indenturehereof, any monies will money may become payable for any purpose (including, without limitation, the payment of the principal of (or premium, if any) or interest on any BondJunior Subordinated Note), then, notwithstanding anything herein contained to the contrarycontrary notwithstanding, the Trustee will shall have full power and authority to receive any monies from the Company such money and to apply the same to the purpose purposes for which they were received, and will shall not be affected by any notice to the contrary that may be received by it on or after such prior date except for an acceleration of the Bonds within 2 Business Days prior to such applicationdate. The foregoing will not apply if Trustee, subject to the Paying Agent is the Company. The Trustee will provisions of Section 601, shall be entitled to conclusively rely on the delivery to it of a written notice by a Person representing himself or itself to be a holder of any Senior Indebtedness (or a trustee on behalf of, or agent of, of such holder) to establish that such notice has been given by a holder of such Senior Indebtedness or a trustee or agent on behalf of any such holderholder or holders. In the event that the Trustee determines in good faith that any further evidence is required with respect to the right of any Person as a holder of Senior Indebtedness to participate in any payment or distribution in accordance with pursuant to this Article XIArticle, the Trustee may request such Person to furnish evidence to the reasonable satisfaction of the Trustee as to the amount of Senior Indebtedness held by such Person, the extent to which such Person is entitled to participate in such payment or distribution and any other facts pertinent to the rights of such Person under this Article XI andArticle, and if such evidence is not furnished to the Trustee, the Trustee may defer any payment to such Person pending such evidence being furnished judicial determination as to the Trustee or a judicial determination that right of such Person has the right to receive such payment.

Notice to the Trustee. The Company will Issuer shall give prompt written notice to the Trustee of any fact known to the Company that would prohibit the Company from making any payment to or by the Trustee in respect of the Bonds in accordance with the provisions of this Article XIII. The Trustee will not be charged with the knowledge of the existence of any Senior Indebtedness or an event that Issuer which would prohibit the making of any payment to or by the Trustee in respect of the Securities pursuant to the provisions of this Article. Regardless of anything to the contrary contained in this Article or elsewhere in this Indenture, the Trustee shall not be charged with knowledge of the existence of any Paying Agent Senior Event of Default (or of any other facts which would prohibit the making of any payment to or by the Trustee) unless and until a Responsible Officer the Trustee shall have received notice in writing at its Corporate Trust Office to that effect signed by an officer of the Trustee has received a written notice specifying such signed by Issuer, the Company, Agent or by a holder of any Senior IndebtednessLender (or any agent, trustee or other representative acting on its behalf); and prior to the receipt of any such written notice, the Trustee will shall be entitled to assume that no such facts exist; provided thatprovided, that if the Trustee will shall not have received the notice of any event that would prohibit the making of any payment to or by the Trustee or any Paying Agent provided for in this Section 13.07 at least five three Business Days prior to the date upon which, which by the terms of the Indenture, this Indenture any monies will shall become payable for any purpose (including, without limitation, the payment of the principal of or interest on any Bond), then, notwithstanding regardless of anything herein to the contrary, the Trustee will shall have full power and authority to receive any monies from the Company Issuer and to apply the same to the purpose for which they were received, and will shall not be affected by any notice to the contrary that which may be received by it on or after such prior date except for an acceleration date. Nothing contained in this Section 13.7 shall limit the right of the Bonds prior Senior Lenders to such application. The foregoing will not apply if the Paying Agent is the Companyrecover payments as contemplated herein. The Trustee will shall be entitled to conclusively rely on the delivery to it or after such prior date. Nothing contained in this Section 13.7 shall limit the right of the Senior Lenders to recover payments as contemplated herein. The Trustee shall be entitled to rely on the delivery to it of a written notice by a Person representing himself or itself to be the Agent or a holder of any Senior Indebtedness Lender (or a trustee on behalf ofan agent, trustee, or agent of, other representative of such holderSenior Lender) to establish that such notice has been given by a holder of the Agent or such Senior Indebtedness Lender (or a an agent, trustee or agent on behalf other representative of any such holderSenior Lender). In the event that the Trustee determines in good faith that any evidence is required with respect to the right of any Person as a holder of Senior Indebtedness Lender to participate in any payment or distribution in accordance with Distribution pursuant to this Article XIArticle, the Trustee may request that such Person to furnish evidence to the reasonable satisfaction of the Trustee as to the amount of Senior Indebtedness held by such Person, the extent to which such Person is entitled to participate in such payment or distribution Distribution and any other facts pertinent to the rights of such Person under this Article XI andArticle, and if any such evidence is not furnished to the Trusteefurnished, then the Trustee may defer any payment to such Person pending such evidence being furnished judicial determination as to the Trustee or a judicial determination that right of such Person has the right to receive such payment.

Notice to the Trustee. The Company will shall give prompt written notice to the Trustee of any fact known to the Company that would prohibit the Company from making any payment to or by the Trustee in respect of the Bonds in accordance with the provisions of this Article XIII. The Trustee will not be charged with the knowledge of the existence of any Senior Indebtedness or an event that which would prohibit the making of any payment to or by the Trustee in respect of the Notes pursuant to the provisions of this Article. Regardless of anything to the contrary contained in this Article or elsewhere in this Indenture, the Trustee shall not be charged with knowledge of the existence of any Paying Agent Senior Event of Default (or of any other facts which would prohibit the making of any payment to or by the Trustee) unless and until a Responsible Officer of the Trustee has shall have received a written notice specifying such in writing at its corporate trust office to that effect signed by an officer of the Company, the Agent or by a holder of any Senior IndebtednessLender (or any agent, trustee or other representative acting on its behalf); and prior to the receipt of any such written notice, the Trustee will shall be entitled to assume that no such facts exist; provided thatprovided, that if the Trustee will shall not have received the notice of any event that would prohibit the making of any payment to or by the Trustee or any Paying Agent provided for in this Section 13.07 at least five three Business Days prior to the date upon which, which by the terms of the Indenture, this Indenture any monies will shall become payable for any purpose (including, without limitation, limitation the payment of the principal of of, Redemption Price, Repurchase Price, premium, if any, or interest on any BondNote), then, notwithstanding regardless of anything herein to the contrary, the Trustee will shall have full power and authority to receive any monies from the Company and to apply the same to the purpose for which they were received, and will shall not be affected by any notice to the contrary that which may be received by it on or after such prior date except for an acceleration date. Nothing contained in this Section 8.7 shall limit the right of the Bonds prior Senior Lenders to such application. The foregoing will not apply if the Paying Agent is the Companyrecover payments as contemplated herein. The Trustee will shall be entitled to conclusively rely on the delivery to it of a written notice by a Person representing himself or itself to be the Agent or a holder of any Senior Indebtedness Lender (or a trustee on behalf ofan agent, trustee, or agent of, other representative of such holderSenior Lender) to establish that such notice has been given by a holder of the Agent or such Senior Indebtedness Lender (or a an agent, trustee or agent on behalf other representative of any such holderSenior Lender). In the event that the Trustee determines in good faith that any evidence is required with respect to the right of any Person as a holder of Senior Indebtedness Lender to participate in any payment or distribution in accordance with Distribution pursuant to this Article XIArticle, the Trustee may request that such Person to furnish evidence to the reasonable satisfaction of the Trustee as to the amount of Senior Indebtedness held by such Person, the extent to which such Person is entitled to participate in such payment or distribution Distribution and any other facts pertinent to the rights of such Person under this Article XI andArticle, and if any such evidence is not furnished to the Trusteefurnished, then the Trustee may defer any payment to such Person pending such evidence being furnished judicial determination as to the Trustee or a judicial determination that right of such Person has the right to receive such payment.