Common use of Notice to the Trustee Clause in Contracts

Notice to the Trustee. The Company shall give prompt written notice to a Responsible Officer of the Trustee of any fact known to the Company that would prohibit the making of any payment of monies to or by the Trustee in respect of the Junior Subordinated Notes pursuant to the provisions of this Article. Notwithstanding the provisions of this Article or any other provision of this Indenture, the Trustee shall not be charged with knowledge of the existence of any facts that would prohibit the making of any payment of monies to or by the Trustee in respect of the Junior Subordinated Notes pursuant to the provisions of this Article unless and until a Responsible Officer of the Trustee shall have received written notice thereof at the Corporate Trust Office of the Trustee from the Company or a holder or holders of Senior Indebtedness or from any trustee therefor; and before the receipt of any such written notice, the Trustee, subject to the provisions of Section 601, shall be entitled in all respects to assume that no such facts exist; provided, however, that if the Trustee shall not have received the notice provided for in this Section 1310 at least two Business Days prior to the date upon which, by the terms hereof, any money may become payable for any purpose (including, without limitation, the payment of the principal of (or premium, if any) or interest on any Junior Subordinated Note), then, anything herein contained to the contrary notwithstanding, the Trustee shall have full power and authority to receive such money and to apply the same to the purposes for which they were received, and shall not be affected by any notice to the contrary that may be received by it within two Business Days prior to such date. The Trustee, subject to the provisions of Section 601, shall be entitled to rely on the delivery to it of a written notice by a Person representing himself to be a holder of Senior Indebtedness (or a trustee on behalf of such holder) to establish that such notice has been given by a holder of Senior Indebtedness or a trustee on behalf of any such holder or holders. In the event that the Trustee determines in good faith that 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 pursuant to this Article, 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, and if such evidence is not furnished the Trustee may defer any payment to such Person pending judicial determination as to the right of such Person to receive such payment.

Notice to the Trustee. The Company shall will 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 Junior Subordinated Notes pursuant to the provisions of this Article. Notwithstanding Bonds in accordance with the provisions of this Article or any other provision of this Indenture, the XIII. The Trustee shall will not be charged with the knowledge of the existence of any facts Senior Indebtedness or an event that would prohibit the making of any payment of monies to or by the Trustee in respect of the Junior Subordinated Notes pursuant to the provisions of this Article or any Paying Agent unless and until a Responsible Officer of the Trustee shall have has received a written notice thereof at specifying such signed by the Corporate Trust Office of the Trustee from the Company Company, or by a holder or holders of Senior Indebtedness or from any trustee thereforIndebtedness; and before prior to the receipt of any such written notice, the Trustee, subject to the provisions of Section 601, shall Trustee will be entitled in all respects to assume that no such facts exist; providedprovided that, however, that if the Trustee shall 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 1310 13.07 at least two five Business Days prior to the date upon which, by the terms hereofof the Indenture, any money may monies will become payable for any purpose (including, without limitation, the payment of the principal of (or premium, if any) or interest on any Junior Subordinated NoteBond), then, notwithstanding anything herein contained to the contrary notwithstandingcontrary, the Trustee shall will have full power and authority to receive such money any monies from the Company and to apply the same to the purposes purpose for which they were received, and shall will not be affected by any notice to the contrary that may be received by it within two Business Days on or after such prior date except for an acceleration of the Bonds prior to such dateapplication. The Trustee, subject to foregoing will not apply if the provisions of Section 601, shall 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 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 or holdersholder. In the event that the Trustee determines in good faith that further 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 pursuant to in accordance with this ArticleArticle 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 ArticleArticle XI and, 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 as to that such Person has the right of such Person to receive such payment.

Notice to the Trustee. The Company shall will 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 Junior Subordinated Notes pursuant to the provisions of this Article. Notwithstanding Bonds in accordance with the provisions of this Article or any other provision of this Indenture, the XIII. The Trustee shall will not be charged with the knowledge of the existence of any facts Senior Indebtedness or an event that would prohibit the making of any payment of monies to or by the Trustee in respect of the Junior Subordinated Notes pursuant to the provisions of this Article or any Paying Agent unless and until a Responsible Officer of the Trustee shall have has received a written notice thereof at specifying such signed by the Corporate Trust Office of the Trustee from the Company Company, or by a holder or holders of Senior Indebtedness or from any trustee thereforIndebtedness; and before prior to the receipt of any such written notice, the Trustee, subject to the provisions of Section 601, shall Trustee will be entitled in all respects to assume that no such facts exist; providedprovided that, however, that if the Trustee shall 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 1310 13.08 at least two five Business Days prior to the date upon which, by the terms hereofof the Indenture, any money may monies will become payable for any purpose (including, without limitation, the payment of the principal of (or premium, if any) or interest on any Junior Subordinated NoteBond), then, notwithstanding anything herein contained to the contrary notwithstandingcontrary, the Trustee shall will have full power and authority to receive such money any monies from the Company and to apply the same to the purposes purpose for which they were received, and shall will not be affected by any notice to the contrary that may be received by it within two Business Days on or after such prior date except for an acceleration of the Bonds prior to such dateapplication. The Trustee, subject to foregoing will not apply if the provisions of Section 601, shall 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 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 or holdersholder. In the event that the Trustee determines in good faith that further 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 pursuant to in accordance with this ArticleArticle XIII, 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 ArticleArticle XIII and, 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 as to that such Person has the right of such Person to receive such payment.

Notice to the Trustee. The Company shall give prompt written notice to a Responsible Officer of the Trustee of any fact known to the Company that would prohibit the making of any payment of monies to or by the Trustee in respect of the Junior Subordinated Notes Securities pursuant to the provisions of this Article. Notwithstanding the provisions of this Article or any other provision of this Indenture, the Trustee shall not be charged with knowledge of the existence of any facts that would prohibit the making of any payment of monies to or by the Trustee in respect of the Junior Subordinated Notes Securities pursuant to the provisions of this Article unless and until a Responsible Officer of the Trustee shall have received written notice thereof at the Corporate Trust Office of the Trustee from the Company or a holder or holders of Senior Indebtedness or from any trustee therefor; and before the receipt of any such written notice, the Trustee, subject to the provisions of Section 601, shall be entitled in all respects to assume that no such facts exist; provided, however, that if the Trustee shall not have received the notice provided for in this Section 1310 1610 at least two Business Days prior to the date upon which, by the terms hereof, any money may become payable for any purpose (including, without limitation, the payment of the principal of (or premium, if any) or interest on any Junior Subordinated NoteSecurity), then, anything herein contained to the contrary notwithstanding, the Trustee shall have full power and authority to receive such money and to apply the same to the purposes for which they were received, and shall not be affected by any notice to the contrary that may be received by it within two Business Days prior to such date. The Trustee, subject to the provisions of Section 601, shall be entitled to rely on the delivery to it of a written notice by a Person representing himself to be a holder of Senior Indebtedness (or a trustee on behalf of such holder) to establish that such notice has been given by a holder of Senior Indebtedness or a trustee on behalf of any such holder or holders. In the event that the Trustee determines in good faith that 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 pursuant to this Article, 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, and if such evidence is not furnished the Trustee may defer any payment to such Person person pending judicial determination as to the right of such Person person to receive such payment.

Notice to the Trustee. The Company shall will 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 Junior Subordinated Notes pursuant to the provisions of this Article. Notwithstanding Bonds in accordance with the provisions of this Article or any other provision of this Indenture, the XIII. The Trustee shall will not be charged with the knowledge of the existence of any facts Senior Indebtedness or an event that would prohibit the making of any payment of monies to or by the Trustee in respect of the Junior Subordinated Notes pursuant to the provisions of this Article or any Paying Agent unless and until a Responsible Officer of the Trustee shall have has received a written notice thereof at specifying such signed by the Corporate Trust Office of the Trustee from the Company Company, or by a holder or holders of Senior Indebtedness or from any trustee thereforIndebtedness; and before prior to the receipt of any such written notice, the Trustee, subject to the provisions of Section 601, shall Trustee will be entitled in all respects to assume that no such facts exist; providedprovided that, however, that if the Trustee shall 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 1310 13.07 at least two five Business Days prior to the date upon which, by the terms hereofof the Indenture, any money may monies will become payable for any purpose (including, without limitation, the payment of the principal of (or premium, if any) or interest on any Junior Subordinated NoteBond), then, notwithstanding anything herein contained to the contrary notwithstandingcontrary, the Trustee shall will have full power and authority to receive such money any monies from the Company and to apply the same to the purposes purpose for which they were received, and shall will not be affected by any notice to the contrary that may be received by it within two Business Days on or after such prior date except for an acceleration of the Bonds prior to such dateapplication. The Trustee, subject to foregoing will not apply if the provisions of Section 601, shall 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 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 or holdersholder. In the event that the Trustee determines in good faith that further 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 pursuant to in accordance with this ArticleArticle XIII, 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 ArticleArticle XIII and, 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 as to that such Person has the right of such Person to receive such payment.

Notice to the Trustee. The Company 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 which would prohibit the making of any payment of monies to or by the Trustee or Paying Agent in respect of the Junior Subordinated Notes Securities pursuant to the provisions of this ArticleArticle 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 that which would prohibit the making of any payment of monies to or by the Trustee or Paying Agent in respect of the Junior Subordinated Notes Securities pursuant to the provisions of this Article Fourteen, unless and until a Responsible Officer of the Trustee shall have received written notice thereof at the Corporate Trust Office of the Trustee from the Company or a holder or holders of Senior Indebtedness or from any trustee therefor; and before the receipt of any such written notice, the Trustee, subject to the provisions of Section 601, shall be entitled in all respects to assume that no such facts exist; provided, however, that if the Trustee shall not have received the notice provided for in this Section 1310 1406 at least two three Business Days prior to the date upon which, which by the terms hereof, hereof any money may become payable for any purpose (including, without limitation, the payment of the principal of (or premium, if any) or interest on any Junior Subordinated NoteSecurity), then, anything herein contained to the contrary notwithstanding, the Trustee shall have full power and authority to receive such money and to apply the same to the purposes for which they were received, and shall not be affected by any notice to the contrary that which may be received by it within two three Business Days prior to such date. The Trustee, subject to the provisions of Section 601, shall be entitled to rely on the delivery to it of a written notice by a Person representing himself to be a the holder of Senior Indebtedness (or a trustee on behalf of such holder) to establish that such notice has been given by a holder of Senior Indebtedness or a trustee on behalf of any such holder or holders. In the event that the Trustee determines in good faith that 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 pursuant to this ArticleArticle Fourteen, 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 ArticleArticle Fourteen, and if such evidence is not furnished furnished, the Trustee may defer any payment to such Person pending judicial determination as to the right of such Person to receive such payment.

Notice to the Trustee. The Company shall give prompt written notice to a Responsible Officer of the Trustee of any fact known to the Company that would prohibit the making of any payment of monies to or by the Trustee in respect of the Junior Subordinated Notes Securities pursuant to the provisions of this Article. Notwithstanding the provisions of this Article or any other provision of this Indenture, the Trustee shall not be charged with knowledge of the existence of any facts that would prohibit the making of any payment of monies to or by the Trustee in respect of the Junior Subordinated Notes Securities pursuant to the provisions of this Article unless and until a Responsible Officer of the Trustee shall have received written notice thereof at the Corporate Trust Office of the Trustee from the Company or a holder or holders of Senior Indebtedness or from any trustee therefor; and before the receipt of any such written notice, the Trustee, subject to the provisions of Section 601, shall be entitled in all respects to assume that no such facts exist; provided, however, that if the Trustee shall not have received the notice provided for in this Section 1310 1210 at least two Business Days prior to the date upon which, by the terms hereof, any money may become payable for any purpose (including, without limitation, the payment of the principal of (or premium, if any) or interest on any Junior Subordinated NoteSecurity), then, anything herein contained to the contrary notwithstanding, the Trustee shall have full power and authority to receive such money and to apply the same to the purposes for which they were received, and shall not be affected by any notice to the contrary that may be received by it within two Business Days prior to such date. The Trustee, subject to the provisions of Section 601, shall be entitled to rely on the delivery to it of a written notice by a Person representing himself to be a holder of Senior Indebtedness (or a trustee on behalf of such holder) to establish that such notice has been given by a holder of Senior Indebtedness or a trustee on behalf of any such holder or holders. In the event that the Trustee determines in good faith that 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 pursuant to this Article, 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, and if such evidence is not furnished the Trustee may defer any payment to such Person pending judicial determination as to the right of such Person to receive such payment.

Notice to the Trustee. (a) The Company shall give prompt written notice to a Responsible Officer of the Trustee of any fact known to the Company that would prohibit the making of any payment of monies to or by the Trustee in respect of the Junior Subordinated Notes Securities pursuant to the provisions of this Article. Notwithstanding the provisions of this Article or any other provision of this Indenture, the Trustee shall not be charged with knowledge of the existence of any facts that would prohibit the making of any payment of monies to or by the Trustee in respect of the Junior Subordinated Notes Securities pursuant to the provisions of this Article unless and until a Responsible Officer of the Trustee shall have received written notice thereof at the Corporate Trust Office of the Trustee from the Company or a holder or holders of Senior Indebtedness or from any trustee therefor; and before the receipt of any such written notice, the Trustee, subject to the provisions of Section 6018.1, shall be entitled in all respects to assume that no such facts exist; provided, however, that if the Trustee shall not have received the notice provided for in this Section 1310 12.10 at least two Business Days prior to the date upon which, by the terms hereof, any money may become payable for any purpose (including, without limitation, the payment of the principal of (or premium, if any) or interest on any Junior Subordinated NoteSecurities), then, anything herein contained to the contrary notwithstanding, the Trustee shall have full power and authority to receive such money and to apply the same to the purposes for which they were received, and shall not be affected by any notice to the contrary that may be received by it within two Business Days prior to such date. . (b) The Trustee, subject to the provisions of Section 6018.1, shall be entitled to rely on the delivery to it of a written notice by a Person representing himself to be a holder of Senior Indebtedness (or a trustee on behalf of such holder) to establish that such notice has been given by a holder of Senior Indebtedness or a trustee on behalf of any such holder or holders. In the event that the Trustee determines in good faith that 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 pursuant to this Article, 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, and if such evidence is not furnished the Trustee may defer any payment to such Person pending judicial determination as to the right of such Person to receive such payment.

Notice to the Trustee. (a) The Company shall give prompt written notice to a Responsible Officer of the Trustee of any fact known to the Company that it which would prohibit the making of any payment of monies or distribution to or by the Trustee in respect of the Junior Subordinated Notes pursuant to the provisions of this ArticleSecurities. Notwithstanding the provisions of this Article or any other provision of this IndentureAgreement, the Trustee shall not be charged with knowledge of the existence of any facts that which would prohibit the making of any payment of monies to or by the Trustee in respect of the Junior Subordinated Notes pursuant to the provisions of this Article Securities, unless and until a Responsible Officer of the Trustee shall have received written notice thereof at the Corporate Trust Office of the Trustee from the Company or Company, the Agent, a holder or representative for the holders of Senior Indebtedness of the Company or from any trustee trustee, fiduciary or agent therefor; and before prior to the receipt of any such written notice, the Trustee, subject to the provisions of Section 601601 of the Indenture, shall be entitled in all respects to assume that no such facts exist; provided, however, that that, if the Trustee shall not have received the notice provided for in this Section 1310 at least two Business Days or Section 2.3 hereof prior to the date upon which, on which by the terms hereof, of the Indenture any money may become payable for any purpose (including, without limitation, the payment of the principal of (or and premium, if any) or interest on or any Junior Subordinated Noteamounts payable in connection with any Security), then, anything herein contained to the contrary notwithstanding, the Trustee shall have full power and authority to receive such money and to apply the same to the purposes purpose for which they were received, such money was received and shall not be affected with respect to such action taken by any notice to the contrary that which may be received by it within two Business Days prior to the Trustee on or after such date. The Trustee, subject . (b) Subject to the provisions of Section 601the Trust Indenture Act Sections 315(a) through (d), the Trustee shall be entitled to rely on the delivery to it of a any written notice delivered to them from time to time by a Person representing himself to be a holder representative for the holders of Senior Indebtedness (of the Company for the purpose of ascertaining the Persons entitled to participate in such payment or a trustee on behalf distribution, the holders of such holder) to establish that such notice has been given by a holder of the Senior Indebtedness of the Company and other indebtedness of the Company, the amount thereof or a trustee on behalf of any such holder payable thereon, the amount or holdersamounts paid or distributed thereon and all other facts pertinent thereto or to this Article Two. In the event that the Trustee determines in good faith that further evidence is required with respect to the right of any Person as a holder of Senior Indebtedness of the Company to participate in any payment or distribution pursuant to this Article, the Trustee may request such Person to furnish evidence to the reasonable satisfaction of the Trustee as to the amount of Senior Indebtedness of the Company 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 ArticleArticle and, and if such evidence is not furnished furnished, the Trustee may defer any payment to such Person pending judicial determination as to the right of such Person to receive such payment.

Notice to the Trustee. (a) The Company shall give prompt written notice to a Responsible Officer of the Trustee of any fact known to the Company that it which would prohibit the making of any payment of monies or distribution to or by the Trustee in respect of the Junior Subordinated Notes pursuant to the provisions of this ArticleSecurities. Notwithstanding the provisions of this Article or any other provision of this Indenture, the Trustee shall not be charged with knowledge of the existence of any facts that which would prohibit the making of any payment of monies to or by the Trustee in respect of the Junior Subordinated Notes pursuant to the provisions of this Article Securities, unless and until a Responsible Officer of the Trustee shall have received written notice thereof at the Corporate Trust Office of the Trustee from the Company or Company, the Agent, a holder or representative for the holders of Senior Indebtedness of the Company or from any trustee trustee, fiduciary or agent therefor; and before and, prior to the receipt of any such written notice, the Trustee, subject to the provisions of Section 601602, shall be entitled in all respects to assume that no such facts exist; provided, however, that that, if the Trustee shall not have received the notice provided for in this Section 1310 at least two Business Days or Section 1203 hereof prior to the date upon which, on which by the terms hereof, of this Indenture any money may become payable for any purpose (including, without limitation, the payment of the principal of (or and premium, if any) or interest on or any Junior Subordinated Noteamounts payable in connection with any Security), then, anything herein contained to the contrary notwithstanding, the Trustee shall have full power and authority to receive such money and to apply the same to the purposes purpose for which they were received, such money was received and shall not be affected with respect to such action taken by any notice to the contrary that which may be received by it within two Business Days prior to on or after such date. The Trustee, subject . (b) Subject to the provisions of Section 601Trust Indenture Act Sections 315(a) through (d), the Trustee shall be entitled to rely on the delivery any written notice delivered to it of from time to time by the Agent or a written notice by a Person representing himself to be a holder representative for the holders of Senior Indebtedness (of the Company for the purpose of ascertaining the Persons entitled to participate in such payment or a trustee on behalf distribution, the holders of such holder) to establish that such notice has been given by a holder of the Senior Indebtedness of the Company and other indebtedness of the Company, the amount thereof or a trustee on behalf of any such holder payable thereon, the amount or holdersamounts paid or distributed thereon and all other facts pertinent thereto or to this Article Twelve. In the event that the Trustee determines in good faith that further evidence is required with respect to the right of any Person as a holder of Senior Indebtedness of the Company to participate in any payment or distribution pursuant to this Article, the such Trustee may request such Person to furnish evidence to the reasonable satisfaction of the such Trustee as to the amount of Senior Indebtedness of the Company 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 ArticleArticle and, and if such evidence is not furnished the furnished, such Trustee may defer any payment to such Person pending judicial determination as to the right of such Person to receive such payment.

Notice to the Trustee. The Company Issuer shall give prompt written notice to a Responsible Officer of the Trustee of any fact known to the Company that Issuer which would prohibit the making of any payment of monies to or by the Trustee in respect of the Junior Subordinated Notes Securities pursuant to the provisions of this Article. Notwithstanding Regardless of anything to the provisions of contrary contained in this Article or any other provision of elsewhere in this Indenture, the Trustee shall not be charged with knowledge of the existence of any Senior Event of Default (or of any other facts that which would prohibit the making of any payment of monies to or by the Trustee in respect of the Junior Subordinated Notes pursuant to the provisions of this Article Trustee) unless and until a Responsible Officer of the Trustee shall have received written notice thereof in writing at the its Corporate Trust Office to that effect signed by an officer of the Trustee from Issuer, the Company Agent or a holder by any Senior Lender (or holders of Senior Indebtedness any agent, trustee or from any trustee thereforother representative acting on its behalf); and before prior to the receipt of any such written notice, the Trustee, subject to the provisions of Section 601, Trustee shall be entitled in all respects to assume that no such facts exist; provided, however, that if the Trustee shall not have received the notice provided for in this Section 1310 at least two three Business Days prior to the date upon which, which by the terms hereof, of this Indenture any money may monies shall become payable for any purpose (including, without limitation, the payment of the principal of (or premium, if any) or interest on any Junior Subordinated Note), then, regardless of anything herein contained to the contrary notwithstandingcontrary, the Trustee shall have full power and authority to receive such money any monies from the Issuer and to apply the same to the purposes purpose for which they were received, and shall not be affected by any notice to the contrary that which may be received by it within two Business Days on or after such prior to such date. Nothing contained in this Section 13.7 shall limit the right of the Senior Lenders to recover payments as contemplated herein. The Trustee, subject Trustee shall be entitled to rely on the provisions delivery to it or after such prior date. Nothing contained in this Section 13.7 shall limit the right of Section 601, 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 Senior Indebtedness Lender (or a trustee on behalf an agent, trustee, or 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 on behalf or other representative of any such holder or holdersSenior Lender). In the event that the Trustee determines in good faith that further 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 Distribution pursuant to this Article, 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, and if any such evidence is not furnished furnished, then the Trustee may defer any payment to such Person pending judicial determination as to the right of such Person to receive such payment.

Notice to the Trustee. The Company shall give prompt written notice to a Responsible Officer of the Trustee of any fact known to the Company that which would prohibit the making of any payment of monies to or by the Trustee in respect of the Junior Subordinated Notes pursuant to the provisions of this Article. Notwithstanding Regardless of anything to the provisions of contrary contained in this Article or any other provision of elsewhere in this Indenture, the Trustee shall not be charged with knowledge of the existence of any Senior Event of Default (or of any other facts that which would prohibit the making of any payment of monies to or by the Trustee in respect of the Junior Subordinated Notes pursuant to the provisions of this Article Trustee) unless and until a Responsible Officer of the Trustee shall have received written notice thereof in writing at the Corporate Trust Office its corporate trust office to that effect signed by an officer of the Trustee from Company, the Company Agent or a holder by any Senior Lender (or holders of Senior Indebtedness any agent, trustee or from any trustee thereforother representative acting on its behalf); and before prior to the receipt of any such written notice, the Trustee, subject to the provisions of Section 601, Trustee shall be entitled in all respects to assume that no such facts exist; provided, however, that if the Trustee shall not have received the notice provided for in this Section 1310 at least two three Business Days prior to the date upon which, which by the terms hereof, of this Indenture any money may monies shall become payable for any purpose (including, without limitation, limitation the payment of the principal of (or of, Redemption Price, Repurchase Price, premium, if any) , or interest on any Junior Subordinated Note), then, regardless of anything herein contained to the contrary notwithstandingcontrary, the Trustee shall have full power and authority to receive such money any monies from the Company and to apply the same to the purposes purpose for which they were received, and shall not be affected by any notice to the contrary that which may be received by it within two Business Days on or after such prior to such date. Nothing contained in this Section 8.7 shall limit the right of the Senior Lenders to recover payments as contemplated herein. The Trustee, subject to the provisions of Section 601, 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 Senior Indebtedness Lender (or a trustee on behalf an agent, trustee, or 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 on behalf or other representative of any such holder or holdersSenior Lender). In the event that the Trustee determines in good faith that further 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 Distribution pursuant to this Article, 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, and if any such evidence is not furnished furnished, then the Trustee may defer any payment to such Person pending judicial determination as to the right of such Person to receive such payment.

Notice to the Trustee. The Company shall give prompt written notice to a Responsible Officer of the Trustee of any fact known to the Company that would prohibit the making of any payment of monies to or by the Trustee in respect of the Junior Subordinated Notes pursuant to the provisions provision of this Article. Notwithstanding the provisions of this Article or any other provision of this Indenture, the Trustee shall not be charged with knowledge of the existence of any facts that would prohibit the making of any payment of monies to or by the Trustee in respect of the Junior Subordinated Notes pursuant to the provisions of this Article unless and until a Responsible Officer of the Trustee shall have received written notice thereof at the Corporate Trust Office of the Trustee from the Company or a holder or holders of Senior Indebtedness or from any trustee therefor; and before the receipt of any such written notice, the Trustee, subject to the provisions of Section 601, shall be entitled in to all respects to assume that no such facts exist; provided, however, that if the Trustee shall not have received the notice provided for in this Section 1310 at least two Business Days prior to the date upon which, by the terms hereof, any money may become payable for any purpose (including, without limitation, the payment of the principal of (or premium, if any) or interest on any Junior Subordinated Note), then, anything herein contained to the contrary notwithstanding, the Trustee shall have full power and authority to receive such money and to apply the same to the purposes for which they were received, and shall not be affected by any notice to the contrary that may be received by it within two Business Days prior to such date. The Trustee, subject to the provisions of Section 601, shall be entitled to rely on the delivery to it of a written notice by a Person representing himself to be a holder of Senior Indebtedness (or a trustee on behalf of such holder) to establish that such notice has been given by a holder of Senior Indebtedness or a trustee on behalf of any such holder or holders. In the event that the Trustee determines in good faith that 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 pursuant to this Article, 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, and if such evidence is not furnished the Trustee may defer any payment to such Person pending judicial determination as to the right of such Person to receive such payment.

Notice to the Trustee. (a) The Company shall give prompt written notice to a Responsible Officer of the Trustee of any fact known to the Company that it which would prohibit the making of any payment of monies or distribution to or by the Trustee in respect of the Junior Subordinated Notes pursuant to the provisions of this ArticleSecurities. Notwithstanding the provisions of this Article or any other provision of this Indenture, the Trustee shall not be charged with knowledge of the existence of any facts that which would prohibit the making of any payment of monies to or by the Trustee in respect of the Junior Subordinated Notes pursuant to the provisions of this Article Securities, unless and until a Responsible Officer of the Trustee shall have received written notice thereof at the Corporate Trust Office of the Trustee from the Company or Company, the Agent, a holder or representative for the holders of Senior Indebtedness of the Company or from any trustee trustee, fiduciary or agent therefor; and before and, prior to the receipt of any such written notice, the Trustee, subject to the provisions of Section 601602, shall be entitled in all respects to assume that no such facts exist; provided, however, that that, if the Trustee shall not have received the notice provided for in this Section 1310 at least two Business Days or Section 1203 hereof prior to the date upon which, on which by the terms hereof, of this Indenture any money may become payable for any purpose (including, without limitation, the payment of the principal of (or and premium, if any) or interest on or any Junior Subordinated Noteamounts payable in connection with any Security), then, anything herein contained to the contrary notwithstanding, the Trustee shall have full power and authority to receive such money and to apply the same to the purposes purpose for which they were received, such money was received and shall not be affected with respect to such action taken by any notice to the contrary that which may be received by it within two Business Days prior to on or after such date. The Trustee, subject . (b) Subject to the provisions of Section 601Trust Indenture Act Sections 315(a) through (d), the Trustee shall be entitled to rely on the delivery any written notice delivered to it of from time to time by the Agent or a written notice by a Person representing himself to be a holder representative for the holders of Senior Indebtedness (of the Company for the purpose of ascertaining the Persons entitled to participate in such payment or a trustee on behalf distribution, the holders of such holder) to establish that such notice has been given by a holder of the Senior Indebtedness of the Company and other indebtedness of the Company, the amount thereof or a trustee on behalf of any such holder payable thereon, the amount or holdersamounts paid or distributed thereon and all other facts pertinent thereto or to this Article Twelve. In the event that the Trustee determines in good faith that further evidence is required with respect to the right of any Person as a holder of Senior Indebtedness of the Company to participate in any payment or distribution pursuant to this Article, the such Trustee may request such Person to furnish evidence to the reasonable satisfaction of the such Trustee as to the amount of Senior Indebtedness of the Company 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 ArticleArticle and, and if such evidence is not furnished the furnished, such Trustee may defer any payment to such Person pending judicial determination as to the right of such Person to receive such payment. SECTION 1211. RELIANCE ON BANKRUPTCY ORDER OR CERTIFICATE OF LIQUIDATING AGENT. Upon any payment or distribution of assets of the Company referred to in this Article, the Trustee, subject to the provisions of Trust Indenture Act Sections 315(a) through (d), and the Holders of the Securities shall be entitled to rely on any bankruptcy order entered by any court of competent jurisdiction, or a certificate of (i) the trustee in bankruptcy as to matters over which it has authority, (ii) a receiver under the Deed of Trust or any other receiver whose certificate is agreed to by the Deed Trustee, or (iii) assignee for the benefit of all unsecured creditors as to matters over which it has authority, delivered to the Trustee or to the Holders of Securities from time to time by any Person, for the purpose of ascertaining the Persons entitled to participate in such payment or distribution, the holders of Senior Indebtedness of the Company and other indebtedness of the Company, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this Article.

Notice to the Trustee. (a) The Company shall give prompt written notice to a Responsible Officer of the Trustee of any fact known to the Company that it which would prohibit the making of any payment of monies or distribution to or by the Trustee in respect of the Junior Subordinated Notes pursuant to the provisions of this ArticleSecurities. Notwithstanding the provisions of this Article or any other provision of this IndentureAgreement, the Trustee shall not be charged with knowledge of the existence of any facts that which would prohibit the making of any payment of monies to or by the Trustee in respect of the Junior Subordinated Notes pursuant to the provisions of this Article Securities, unless and until a Responsible Officer of the Trustee shall have received written notice thereof at the Corporate Trust Office of the Trustee from the Company or Company, the Agent, a holder or representative for the holders of Senior Indebtedness of the Company or from any trustee trustee, fiduciary or agent therefor; and before prior to the receipt of any such written notice, the Trustee, subject to the provisions of Section 601601 of the Indenture, shall be entitled in all respects to assume that no such facts exist; provided, however, that that, if the Trustee shall not have received the notice provided for in this Section 1310 at least two Business Days or Section 2.3 hereof prior to the date upon which, on which by the terms hereof, of the Indenture any money may become payable for any purpose (including, without limitation, the payment of the principal of (or and premium, if any) or interest on or any Junior Subordinated Noteamounts payable in connection with any Security), then, anything herein contained to the contrary notwithstanding, the Trustee shall have full power and authority to receive such money and to apply the same to the purposes purpose for which they were received, such money was received and shall not be affected with respect to such action taken by any notice to the contrary that which may be received by it within two Business Days prior to the Trustee on or after such date. The Trustee, subject . (b) Subject to the provisions of Section 601the Trust Indenture Act Sections 315(a) through (d), the Trustee shall be entitled to rely on the delivery to it of a any written notice delivered to them from time to time by a Person representing himself to be a holder representative for the holders of Senior Indebtedness (of the Company for the purpose of ascertaining the Persons entitled to participate in such payment or a trustee on behalf distribution, the holders of such holder) to establish that such notice has been given by a holder of the Senior Indebtedness of the Company and other indebtedness of the Company, the amount thereof or a trustee on behalf of any such holder payable thereon, the amount or holdersamounts paid or distributed thereon and all other facts pertinent thereto or to this Article Two. In the event that the Trustee determines in good faith that further evidence is required with respect to the right of any Person as a holder of Senior Indebtedness of the Company to participate in any payment or distribution pursuant to this Article, the Trustee may request such Person to furnish evidence to the reasonable satisfaction of the Trustee as to the amount of Senior Indebtedness of the Company 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 ArticleArticle and, and if such evidence is not furnished furnished, the 115 Trustee may defer any payment to such Person pending judicial determination as to the right of such Person to receive such payment.

Notice to the Trustee. The Company shall give prompt written notice to a Responsible Officer of the Trustee of any fact known to the Company that would prohibit the making of any payment of monies to or by the Trustee in respect of the Junior Subordinated Notes pursuant to the provisions of this Article. Notwithstanding the provisions of this Article or any other provision of this Indenture, the Trustee shall not be charged with knowledge of the existence of any facts that would prohibit the making of any payment of monies to or by the Trustee in respect of the Junior Subordinated Notes pursuant to the provisions of this Article unless and until a Responsible Officer of the Trustee shall have received written notice thereof at the Corporate Trust Office of the Trustee from the Company or a holder or holders of Senior Indebtedness or from any trustee therefor; and before the receipt of any such written notice, the Trustee, subject to the provisions of Section 601, shall be entitled in all respects to assume that no such facts exist; provided, however, that if the Trustee shall not have received the notice provided for in this Section 1310 at least two 2 Business Days prior to the date upon which, by the terms hereof, any money may become payable for any purpose (including, without limitation, the payment of the principal of (or premium, if any) or interest on any Junior Subordinated Note), then, anything herein contained to the contrary notwithstanding, the Trustee shall have full power and authority to receive such money and to apply the same to the purposes for which they were received, and shall not be affected by any notice to the contrary that may be received by it within two 2 Business Days prior to such date. The Trustee, subject to the provisions of Section 601, shall be entitled to rely on the delivery to it of a written notice by a Person representing himself to be a holder of Senior Indebtedness (or a trustee on behalf of such holder) to establish that such notice has been given by a holder of Senior Indebtedness or a trustee on behalf of any such holder or holders. In the event that the Trustee determines in good faith that 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 pursuant to this Article, 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, and if such evidence is not furnished the Trustee may defer any payment to such Person pending judicial determination as to the right of such Person to receive such payment.