Common use of Notice to Trustee of Facts Prohibiting Payments Clause in Contracts

Notice to Trustee of Facts Prohibiting Payments. Notwithstanding any of the provisions of this Article 13 or any other provision of this Indenture, the Trustee shall not at any time be charged with knowledge of the existence of any facts that would prohibit the making of any payment of funds to or by the Trustee unless and until a Responsible Officer of the Trustee assigned to its corporate trust division shall have received at the Corporate Trust Office written notice thereof from the Company or from one or more holders of Senior Indebtedness or from any trustee therefor who shall have been certified by the Company or otherwise established to the reasonable satisfaction of the Trustee to be such a holder or trustee; and, prior to the receipt of such written notice, the Trustee, subject to the provisions of Section 7.01, shall be entitled in all respects to assume that no such facts exist; provided that if prior to the fifth Business Day preceding the date upon which by the terms hereof any such funds may become payable, or if prior to the third Business Day preceding the date of the execution of instruments pursuant to Article 3 acknowledging satisfaction and discharge of this Indenture, the Trustee shall not have received with respect to such funds the notice provided for in this Section 13.02, then, anything herein contained to the contrary notwithstanding, the Trustee shall have full power and authority to receive such moneys and/or apply the same to the purpose for which they were received and shall not be affected by any notice to the contrary that may be received by it #98368004v14 on or after such date; provided that no such application shall affect the obligations under this Article 13 of the Persons receiving such moneys from the Trustee.

Notice to Trustee of Facts Prohibiting Payments. Notwithstanding any of the provisions of this Article 13 or any other provision of this Indenture, neither the Trustee Trustee, any paying agent nor any Exchange Agent shall not at any time be charged with knowledge of the existence of any facts that which would prohibit the making of any payment of funds moneys to or by the Trustee or any paying agent or any delivery of Capital Securities or moneys by any Exchange Agent, when required pursuant to the Securities and this Indenture, unless and until a Responsible Officer of the Trustee assigned to its corporate trust division Trustee, any paying agent or any Exchange Agent shall have received at the Corporate Trust Office its corporate trust office written notice thereof from the Company Corporation or from one or more holders of Senior Indebtedness or from any trustee therefor or from any holder of Additional Senior Obligations, or, if applicable, from any trustee therefor, who shall have been certified by the Company Corporation or otherwise established to the reasonable satisfaction of the Trustee to be such a holder or trustee; and, prior to the receipt of any such written notice, the Trustee, any paying agent or any Exchange Agent, subject to the provisions of Section 7.018.01, shall be entitled in all respects to assume that no such facts exist; provided that provided, however, that, if prior to the fifth Business Day preceding the date upon which by the 69 62 terms hereof any such funds moneys may become payablepayable for any purpose or any such Capital Securities are required to be delivered, or if prior to in the third Business Day preceding the date event of the execution of instruments an instrument pursuant to Article 3 Section 12.01 acknowledging satisfaction and discharge of this Indenture, then if prior to the Trustee second Business Day preceding the date of such execution, the Trustee, any paying agent or any Exchange Agent shall not have received with respect to such funds moneys or Capital Securities or such execution the notice provided for in this Section 13.02Section, then, anything herein contained to the contrary notwithstanding, the Trustee shall have full power and authority to Trustee, any paying agent or any Exchange Agent may, in its discretion, receive such moneys or Capital Securities and/or apply the same to the purpose for which they were received received, and shall not be affected by any notice to the contrary that contrary, which may be received by it #98368004v14 on or after either such date, as the case may be; provided that provided, however, no such application shall affect the obligations under this Article 13 of the Persons receiving such moneys or Capital Securities from the Trustee, any paying agent or any Exchange Agent.

Notice to Trustee of Facts Prohibiting Payments. The Issuer shall give prompt written notice to a Responsible Officer of the Trustee at the Corporate Trust Office of any fact known to the Issuer that would prohibit the making of any payment of monies to or by the Trustee in respect of the Debt Securities pursuant to the provisions of this Article XV. Notwithstanding any of the provisions of this Article 13 or any other provision of this Indenture, the Trustee shall not at any time be charged with knowledge of the existence of any facts that would prohibit the making of any payment of funds to or by the Trustee unless and until a Responsible Officer of the Trustee assigned to its corporate trust division Corporate Trust Division shall have received at the Corporate Trust Office written notice thereof from the Company Issuer or from one or more holders of Senior Indebtedness or from any trustee therefor who shall have been certified by the Company Issuer or otherwise established to the reasonable satisfaction of the Trustee to be such a holder or trustee; and, prior to the receipt of such written notice, the Trustee, subject to the provisions of Section 7.016.01, shall be entitled in all respects to assume that no such facts exist; provided provided, however, that if prior to the fifth Business Day preceding the date upon which by the terms hereof any such funds may become payable, or if prior to the third Business Day preceding the date of the execution of instruments pursuant to Article 3 Section 4.01 acknowledging satisfaction and discharge of this Indenture, the Trustee shall not have received with respect to such funds the notice provided for in this Section 13.02Section, then, anything herein contained to the contrary notwithstanding, the Trustee shall have full power and authority to receive such moneys and/or apply the same to the purpose for which they were received and shall not be affected by any notice to the contrary that may be received by it #98368004v14 on or after such date; provided that provided, however, no such application shall affect the obligations under this Article 13 of the Persons receiving such moneys from the Trustee.

Notice to Trustee of Facts Prohibiting Payments. Notwithstanding any of the provisions of this Article 13 or any other provision of this Indenture, neither the Trustee nor any paying agent shall not at any time be charged with knowledge of the existence of any facts that which would prohibit the making of any payment of funds moneys to or by the Trustee or any such paying agent, when required pursuant to the Securities and this Indenture, unless and until a Responsible Officer of the Trustee assigned to its corporate trust division or any such paying agent shall have received at the its Corporate Trust Office written notice thereof from the Company or from one or more holders of Senior Indebtedness or from any trustee therefor or from any holder of Additional Senior Obligations, or, if applicable, from any trustee therefor, who shall have been certified by the Company or otherwise established to the reasonable satisfaction of the Trustee to be such a holder or trustee; and, prior to the receipt of any such written notice, the TrusteeTrustee or any paying agent, subject to the provisions of Section 7.01601, shall be entitled in all respects to assume that no such facts exist; provided that provided, however, that, if prior to the fifth Business Day preceding the date upon which by the terms hereof any such funds moneys may become payablepayable for any purpose, or if prior to in the third Business Day preceding the date event of the execution of instruments an instrument pursuant to Article 3 Section 1302 acknowledging satisfaction and discharge of this Indenture, then if prior to the second Business Day preceding the date of such execution, the Trustee or any paying agent shall not have received with respect to such funds moneys or such execution the notice provided for in this Section 13.02Section, then, anything herein contained to the contrary notwithstanding, the Trustee shall have full power and authority to or any paying agent may, in its discretion, receive such moneys and/or apply the same to the purpose for which they were received received, and shall not be affected by any notice to the contrary that contrary, which may be received by it #98368004v14 on or after either such date, as the case may be; provided that provided, however, no such application shall affect the obligations under this Article 13 of the Persons receiving such moneys from the TrusteeTrustee or any paying agent.

Notice to Trustee of Facts Prohibiting Payments. Notwithstanding any of the provisions of this Article 13 or any other provision of this Indenture, neither the Trustee Trustee, any paying agent nor any Exchange Agent shall not at any time be charged with knowledge of the existence of any facts that which would prohibit the making of any payment of funds moneys to or by the Trustee or any paying agent or any delivery of Capital Securities or moneys by any Exchange Agent, when required pursuant to the Securities and this Indenture, unless and until a Responsible Officer of the Trustee assigned to its corporate trust division Trustee, any paying agent or any Exchange Agent shall have received at the Corporate Trust Office its corporate trust office written notice thereof from the Company Corporation or from one or more holders of Senior Indebtedness or from any trustee therefor or from any holder of Additional Senior Obligations, or, if applicable, from any trustee therefor, who shall have been certified by the Company Corporation or otherwise established to the reasonable satisfaction of the Trustee to be such a holder or trustee; and, prior to the receipt of any such written notice, the Trustee, any paying agent or any Exchange Agent, subject to the provisions of Section 7.018.01, shall be entitled in all respects to assume that no such facts exist; provided that provided, however, that, if prior to the fifth Business Day preceding the date upon which by the terms hereof any such funds moneys may become payablepayable for any purpose or any such Capital Securities are required to be delivered, or if prior to in the third Business Day preceding the date event of the execution of instruments an instrument pursuant to Article 3 Section 12.01 acknowledging satisfaction and discharge of this Indenture, then if prior to the Trustee second Business Day preceding the date of such execution, the Trustee, any paying agent or any Exchange Agent shall not have received with respect to such funds moneys or Capital Securities or such execution the notice provided for in this Section 13.02Section, then, anything herein contained to the contrary notwithstanding, the Trustee shall have full power and authority to Trustee, any paying agent or any Exchange Agent may, in its discretion, receive such moneys or Capital Securities and/or apply the same to the purpose for which they were received received, and shall not be affected by any notice to the contrary that contrary, which may be received by it #98368004v14 on or after either such date, as the case may be; provided that provided, however, no such application shall affect the obligations under this Article 13 of the Persons receiving such moneys or Capital Securities from the Trustee, any paying agent or any Exchange Agent.

Notice to Trustee of Facts Prohibiting Payments. Notwithstanding any of the provisions of this Article 13 Twelve or any other provision of this Indenture, the Trustee shall not at any time be charged with knowledge of the existence of any facts that would prohibit the making of any payment of funds to or by the Trustee unless and until a Responsible Officer of the Trustee assigned to its corporate trust division shall have received at the Corporate Trust Office written notice thereof from the Company Issuer or from one or more holders of Senior Indebtedness or from any trustee therefor who shall have been certified by the Company Issuer or otherwise established to the reasonable satisfaction of the Trustee to be such a holder or trustee; and, prior to the receipt of such written notice, the Trustee, subject to the provisions of Section 7.016.01, shall be entitled in all respects to assume that no such facts exist; provided that if prior to the fifth Business Day business day preceding the date upon which by the terms hereof any such funds may become payable, or if prior to the third Business Day business day preceding the date of the execution of instruments pursuant to Article 3 Four acknowledging satisfaction and discharge of this Indenture, the Trustee shall not have received with respect to such funds the notice provided for in this Section 13.0212.02, then, anything herein contained to the contrary notwithstanding, the Trustee shall have full power and authority to receive such moneys and/or apply the same to the purpose for which they were received and shall not be affected by any notice to the contrary that may be received by it #98368004v14 on or after such date; provided that no such application shall affect the obligations under this Article 13 Twelve of the Persons receiving such moneys from the Trustee.

Notice to Trustee of Facts Prohibiting Payments. Notwithstanding any of the provisions of this Article 13 or any other provision of this IndentureIndenture (other than Section 601), the Trustee shall not at any time be charged with knowledge of the existence of any facts that which would prohibit the making of any payment of funds moneys to or by the Trustee or the taking of any other action by the Trustee, unless and until a Responsible Officer of the Trustee assigned to its corporate trust division shall have received at the its Corporate Trust Office written notice thereof from the Company or from one or more holders of Senior Indebtedness Debt of the Company or from any trustee therefor who shall have been certified by the Company or otherwise established to the reasonable satisfaction of the Trustee to be such a holder or trustee; and, prior to the receipt of any such written notice, the TrusteeTrustee shall be entitled, subject to the provisions of Section 7.01601, shall be entitled in all respects to assume that no such facts exist; provided that PROVIDED, that, if prior to the fifth Business Day business day preceding the date upon which by the terms hereof any such funds moneys may become payablepayable for any purpose, or if prior to in the third Business Day preceding the date event of the execution of instruments an instrument pursuant to Article 3 Section 401 acknowledging satisfaction and discharge of this Indenture, then if prior to the second business day preceding the date of such execution, the Trustee shall not have received with respect to such funds moneys the notice provided for in this Section 13.02Section, then, anything herein contained to the contrary notwithstanding, the Trustee shall have full power and authority to may, in its discretion, receive such moneys and/or apply the same to the purpose for which they were received received, and shall not be affected by any notice to the contrary that contrary, which may be received by it #98368004v14 on or after such date; provided that PROVIDED, HOWEVER, no such application shall affect the obligations under this Article 13 of the Persons persons receiving such moneys from the Trustee.

Notice to Trustee of Facts Prohibiting Payments. The Issuer shall give prompt written notice to a Responsible Officer of the Trustee at the Corporate Trust Office of any fact known to the Issuer that would prohibit the making of any payment of monies to or by the Trustee in respect of the Debt Securities pursuant to the provisions of this Article XV. Notwithstanding any of the provisions of this Article 13 or any other provision of this Indenture, the Trustee shall not at any time be charged with knowledge of the existence of any facts that would prohibit the making of any payment of funds to or by the Trustee unless and until a Responsible Officer of the Trustee assigned to its corporate trust division Corporate Trust Division shall have received at the Corporate Trust Office written notice thereof from the Company Issuer or from one or more holders of Senior Indebtedness or from any trustee therefor who shall have been certified by the Company Issuer or otherwise established to the reasonable satisfaction of the Trustee to be such a holder or trustee; and, prior to the receipt of such written notice, the Trustee, subject to the provisions of Section 7.016.01, shall be entitled in all respects to assume that no such facts exist; provided PROVIDED, HOWEVER, that if prior to the fifth Business Day preceding the date upon which by the terms hereof any such funds may become payable, or if prior to the third Business Day preceding the date of the execution of instruments pursuant to Article 3 Section 4.01 acknowledging satisfaction and discharge of this Indenture, the Trustee shall not have received with respect to such funds the notice provided for in this Section 13.02Section, then, anything herein contained to the contrary notwithstanding, the Trustee shall have full power and authority to receive such moneys and/or apply the same to the purpose for which they were received and shall not be affected by any notice to the contrary that may be received by it #98368004v14 on or after such date; provided that PROVIDED, HOWEVER, no such application shall affect the obligations under this Article 13 of the Persons receiving such moneys from the Trustee.

Notice to Trustee of Facts Prohibiting Payments. Notwithstanding any of the provisions of this Article 13 or any other provision of this Indenture, the Trustee shall not at any time be charged with knowledge of the existence of any facts that would prohibit the making of any payment of funds to or by the Trustee unless and until a Responsible Officer of the Trustee assigned to its corporate trust division shall have received at the Corporate Trust Office written notice thereof from the Company or from one or more holders of Senior Indebtedness or from any trustee therefor who shall have been certified by the Company or otherwise established to the reasonable satisfaction of the Trustee to be such a holder or trustee; and, prior to the receipt of such written notice, the Trustee, subject to the provisions of Section 7.01, shall be entitled in all respects to assume that no such facts exist; provided that if prior to the fifth Business Day preceding the date upon which by the terms hereof any such funds may become payable, or if prior to the third Business Day preceding the date of the execution of instruments pursuant to Article 3 acknowledging satisfaction and discharge of this Indenture, the Trustee shall not have received with respect to such funds the notice provided for in this Section 13.02, then, anything herein contained to the contrary notwithstanding, the Trustee shall have full power and authority to receive such moneys and/or apply the same to the purpose for which they were received and shall not be affected by any notice to the contrary that may be received by it #98368004v14 on or after such date; provided that no such application shall affect the obligations under this Article 13 of the Persons receiving such moneys from the Trustee.

Notice to Trustee of Facts Prohibiting Payments. Notwithstanding any of the provisions of this Article 13 Fifteen or any other provision of this Indenture, the Trustee shall not at any time be charged with knowledge of the existence of any facts that would prohibit the making of any payment of funds to or by the Trustee unless and until a Responsible Officer of the Trustee assigned to its corporate trust division Corporate Trust Division shall have received at the Corporate Trust Office written notice thereof from the Company or from one or more holders of Senior Indebtedness or from any trustee therefor who shall have been certified by the Company or otherwise established to the reasonable satisfaction of the Trustee to be such a holder or trustee; and, prior to the receipt of such written notice, the Trustee, subject to the provisions of Section 7.016.01, shall be entitled in all respects to assume that no such facts exist; provided provided, however, that if prior to the fifth Business Day preceding the date upon which by the terms hereof any such funds may become payable, or if prior to the third Business Day preceding the date of the execution of instruments pursuant to Article 3 Section 11.01 acknowledging satisfaction and discharge of this Indenture, the Trustee shall not have received with respect to such funds the notice provided for in this Section 13.0215.04, then, anything herein contained to the contrary notwithstanding, the Trustee shall have full power and authority to receive such moneys and/or apply the same to the purpose for which they were received and shall not be affected by any notice to the contrary that may be received by it #98368004v14 on or after such date; provided that provided, however, no such application shall affect the obligations under this Article 13 Fifteen of the Persons receiving such moneys from the Trustee.

Notice to Trustee of Facts Prohibiting Payments. The Issuer shall give prompt written notice to a Responsible Officer of the Trustee at the Corporate Trust Office of any fact known to the Issuer that would prohibit the making of any payment of monies to or by the Trustee in respect of the Debt Securities pursuant to the provisions of this Article XV. Notwithstanding any of the provisions of this Article 13 or any other provision of this Indenture, the Trustee shall not at any time be charged with knowledge of the existence of any facts that would prohibit the making of any payment of funds to or by the Trustee unless and until a Responsible Officer of the Trustee assigned to its corporate trust division Corporate Trust Office shall have received at the Corporate Trust Office written notice writtennotice thereof from the Company Issuer or from one or more holders of Senior Indebtedness or from any trustee therefor who shall have been certified by the Company Issuer or otherwise established to the reasonable satisfaction of the Trustee to be such a holder or trustee; and, prior to the receipt of such written notice, the Trustee, subject to the provisions of Section 7.016.01, shall be entitled in all respects to assume that no such facts exist; provided provided, however, that if prior to the fifth Business Day preceding the date upon which by the terms hereof any such funds may become payable, or if prior to the third Business Day preceding the date of the execution of instruments pursuant to Article 3 Section 4.01 acknowledging satisfaction and discharge of this Indenture, the Trustee shall not have received with respect to such funds the notice provided for in this Section 13.02Section, then, anything herein contained to the contrary notwithstanding, the Trustee shall have full power and authority to receive such moneys and/or apply the same to the purpose for which they were received and shall not be affected by any notice to the contrary that may be received by it #98368004v14 on or after such date; provided that provided, however, no such application shall affect the obligations under this Article 13 of the Persons receiving such moneys from the Trustee.

Notice to Trustee of Facts Prohibiting Payments. The Issuer shall give prompt written notice to a Responsible Officer of the Trustee at the Corporate Trust Office of any fact known to the Issuer that would prohibit the making of any payment of monies to or by the Trustee in respect of the Debt Securities pursuant to the provisions of this Article XIV. Notwithstanding any of the provisions of this Article 13 or any other provision of this Indenture, the Trustee shall not at any time be charged with knowledge of the existence of any facts that would prohibit the making of any payment of funds to or by the Trustee unless and until a Responsible Officer of the Trustee assigned to its corporate trust division Corporate Trust Division shall have received at the Corporate Trust Office written notice thereof from the Company Issuer or from one or more holders of Senior Indebtedness or from any trustee therefor who shall have been certified by the Company Issuer or otherwise established to the reasonable satisfaction of the Trustee to be such a holder or trustee; and, prior to the receipt of such written notice, the Trustee, subject to the provisions of Section 7.016.01, shall be entitled in all respects to assume that no such facts exist; provided provided, however, that if prior to the fifth Business Day preceding the date upon which by the terms hereof any such funds may become payable, or if prior to the third Business Day preceding the date of the execution of instruments pursuant to Article 3 Section 4.01 acknowledging satisfaction and discharge of this Indenture, the Trustee shall not have received with respect to such funds the notice provided for in this Section 13.02Section, then, anything herein contained to the contrary notwithstanding, the Trustee shall have full power and authority to receive such moneys and/or apply the same to the purpose for which they were received and shall not be affected by any notice to the contrary that may be received by it #98368004v14 on or after such date; provided that provided, however, no such application shall affect the obligations under this Article 13 of the Persons receiving such moneys from the Trustee.

Notice to Trustee of Facts Prohibiting Payments. Notwithstanding any of the provisions of this Article 13 Schedule 1 or any other provision of this the Indenture, the Trustee shall not at any time be charged with knowledge of the existence of any facts that would prohibit the making of any payment of funds to or by the Trustee unless and until a Responsible Officer of the Trustee assigned to its corporate trust division Corporate Trust Division shall have received at the Corporate Trust Office written notice thereof from the Company Guarantor or from one or more holders of Senior Indebtedness or from any trustee therefor who shall have been certified by the Company Guarantor or otherwise established to the reasonable satisfaction of the Trustee to be such a holder or trustee; and, prior to the receipt of such written notice, the Trustee, subject to the provisions of Section 7.016.1 of the Indenture, shall be entitled in all respects to assume that no such facts exist; provided provided, however, that if prior to the fifth Business Day preceding the date upon which by the terms hereof any such funds may become payable, or if prior to the third Business Day preceding the date of the execution of instruments pursuant to Article 3 Section 4.1 of the Indenture acknowledging satisfaction and discharge of this the Indenture, the Trustee shall not have received with respect to such funds the notice provided for in this Section 13.024, then, anything herein contained to the contrary notwithstanding, the Trustee shall have full power and authority to receive such moneys and/or apply the same to the purpose for which they were received and shall not be affected by any notice to the contrary that may be received by it #98368004v14 on or after such date; provided that provided, however, no such application shall affect the obligations under this Article 13 Schedule 1 of the Persons receiving such moneys from the Trustee.