Trust Enforcement Event; Notice. The Property Trustee shall, within 90 days after the occurrence of a Trust Enforcement Event, transmit by mail, first class postage prepaid, to the Holders of the Trust Securities as the names and addresses of the Holders appear on the books and records of the Trust, notices of all defaults with respect to the Trust Securities actually known to a Responsible Officer of the Property Trustee, unless such defaults have been cured before the giving of such notice (the term "defaults" for the purposes of this Section 3.7 being hereby defined to be defaults as defined in the Guarantee or instances of non-performance under the Partnership Agreement, as the case may be, not including any periods of grace provided for therein and irrespective of the giving of any notice provided therein); provided that, the Property Trustee shall be protected in withholding such notice if and so long as a Responsible Officer of the Property Trustee in good faith determines that the withholding of such notice is in the interests of the Holders of the Trust Securities. The Property Trustee shall not be deemed to have knowledge of any default except if the Property Trustee shall have received written notice or has actual notice of such default.
Appears in 2 contracts
Samples: Trust Agreement (Met Ed Capital Trust), Trust Agreement (Penelec Capital Trust)
Trust Enforcement Event; Notice. The Property Trustee shall, within 90 days after the occurrence of a Trust Enforcement Event, transmit by mail, first class postage prepaid, to the Holders of the Trust Securities as the names and addresses of the Holders appear on the books and records of the TrustHolders, notices of all defaults with respect to the Preferred Trust Securities actually known to a Responsible Officer of the Property Trustee, unless such defaults have been cured before the giving of such notice (the term "defaults" for the purposes of this Section 3.7 2.07 being hereby defined to be defaults as defined in the Preferred Trust Securities Guarantee or instances of non-performance under the Limited Partnership Agreement, as the case may be, not including any periods of grace provided for therein and irrespective of the giving of any notice provided therein); provided thatprovided, that except for a default in the payment of principal of (or premium, if any) or interest on any of the Affiliate Investment Instruments or in the payment of any sinking fund installment established for the Affiliate Investment Instruments, the Property Trustee shall be fully protected in withholding such notice if and so long as a Responsible Officer of the Property Trustee in good faith determines that the withholding of such notice is in the interests of the Holders of the Trust Securities. The Property Trustee shall not be deemed to have knowledge of any default except if the Property Trustee shall have received written notice or has actual notice of such defaultHolders.
Appears in 2 contracts
Samples: Trust Agreement (Txu Europe Funding I L P), Trust Agreement (Texas Utilities Co /Tx/)
Trust Enforcement Event; Notice. The Property Trustee shall, within 90 days after the occurrence of a Trust Enforcement Event, transmit by mail, first class postage prepaid, to the Holders of the Trust Securities as the names and addresses of the Holders appear on the books and records of the Trust, notices of all defaults with respect to the Trust Securities actually known to a Responsible Officer of the Property Trustee, unless such defaults have Trust Enforcement Event has been cured or waived before the giving of such notice (the term "defaults" for the purposes of this Section 3.7 being hereby defined to be defaults as defined in with respect to Penelec's obligations under the Guarantee or instances of non-performance under the Partnership Agreement, as the case may be, not including any periods of grace provided for therein and irrespective of the giving of any notice provided therein); provided that, the Property Trustee shall be protected in withholding such notice if and so long as a Responsible Officer of the Property Trustee in good faith determines that the withholding of such notice is in the interests of the Holders of the Trust Securities. The Property Trustee shall not be deemed to have knowledge of any default except if the Property Trustee shall have received written notice or has actual notice of such default.
Appears in 1 contract
Trust Enforcement Event; Notice. The Property Trustee shall, within 90 days after the occurrence of a Trust Enforcement Event, transmit by mail, first class postage prepaid, to the Holders of the Trust Securities as the names and addresses of the Holders appear on the books and records of the Trust, notices of all defaults with respect to the Trust Securities actually known to a Responsible Officer of the Property Trustee, unless such defaults have Trust Enforcement Event has been cured or waived before the giving of such notice (the term "defaults" for the purposes of this Section 3.7 being hereby defined to be defaults as defined in with respect to Met-Ed's obligations under the Guarantee or instances of non-performance under the Partnership Agreement, as the case may be, not including any periods of grace provided for therein and irrespective of the giving of any notice provided therein); provided that, the Property Trustee shall be protected in withholding such notice if and so long as a Responsible Officer of the Property Trustee in good faith determines that the withholding of such notice is in the interests of the Holders of the Trust Securities. The Property Trustee shall not be deemed to have knowledge of any default except if the Property Trustee shall have received written notice or has actual notice of such default.
Appears in 1 contract