Notices of Defaults. (a) Within ninety (90) days after the occurrence of a default actually known to the Property Trustee, the Property Trustee shall transmit notice of such default to the Holders, the Administrative Trustees and the Depositor, unless such default shall have been cured or waived. For the purpose of this Section 8.6, the term “default” means any event that is, or after notice or lapse of time or both would become, an Event of Default. (b) The Property Trustee shall not be charged with knowledge of any Event of Default unless either (i) a Responsible Officer of the Property Trustee shall have actual knowledge or (ii) the Property Trustee shall have received written notice thereof from the Depositor, an Administrative Trustee or a Holder. (c) The Property Trustee shall notify all Holders of the Preferred Securities of any notice of default received with respect to the Notes.
Appears in 3 contracts
Samples: Trust Agreement (Extra Space Storage Inc.), Trust Agreement (Sunset Financial Resources Inc), Trust Agreement (Bresler & Reiner Inc)
Notices of Defaults. (a) Within ninety (90) days after the occurrence of a default actually known to the Property Trustee, the Property Trustee shall transmit notice of such default to the Holders, the Administrative Trustees and the Depositor, unless such default shall have been cured or waived. For the purpose of this Section 8.6, the term “default” means any event that is, or after notice or lapse of time or both would become, an Event of Default.
(b) The Property Trustee shall not be charged with knowledge of any default or Event of Default unless either (i) a Responsible Officer of the Property Trustee shall have actual knowledge or (ii) the Property Trustee shall have received written notice thereof from the Depositor, an Administrative Trustee or a Holder.
(c) The Property Trustee shall notify all Holders of the Preferred Securities of any notice of default received with respect to the Notes.
Appears in 3 contracts
Samples: Trust Agreement (Capstead Mortgage Corp), Trust Agreement (Homebanc Corp), Trust Agreement (Homebanc Corp)
Notices of Defaults. (a) Within ninety (90) days after the occurrence of a default actually known to the Property Trustee, the Property Trustee shall transmit notice of such default to the Holders, the Administrative Trustees and the Depositor, unless such default shall have been cured or waived. For the purpose of this Section 8.6, the term “"default” " means any event that is, or after notice or lapse of time or both would become, an Event of Default.
(b) The Property Trustee shall not be charged with knowledge of any Event of Default unless either (i) a Responsible Officer of the Property Trustee shall have actual knowledge or (ii) the Property Trustee shall have received written notice thereof from the Depositor, an Administrative Trustee or a Holder.
(c) The Property Trustee shall notify all Holders of the Preferred Securities of any notice of default received with respect to the Notes.
Appears in 2 contracts
Samples: Trust Agreement (Bresler & Reiner Inc), Trust Agreement (Hersha Hospitality Trust)