Common use of Trustee and Paying Agents Not Chargeable with Knowledge Until Notice Clause in Contracts

Trustee and Paying Agents Not Chargeable with Knowledge Until Notice. Notwithstanding any of the provisions of this Article or any other provision of this Indenture, the Trustee and any Paying Agent shall not at any time be charged with knowledge of the existence of any facts which would prohibit the making of any payment of moneys to or by the Trustee or any Paying Agent, unless and until the Trustee or such Paying Agent, as the case may be, shall have received written notice thereof from the Company, a holder of Senior Indebtedness, or any trustee therefor together with proof satisfactory to the Trustee of the status of the holder of such Senior Indebtedness or the authority of such trustee; and, prior to the receipt of any such written notice, the Trustee, subject to the provisions of Section 6.01, and any Paying Agent shall be entitled to assume that no such facts exist. If at least three Business Days prior to the date upon which by the terms hereof any such moneys may become payable for any purpose (including, without limitation, the payment of either the principal of or the interest on any Security) the Trustee or Paying Agent, as the case may be, shall not have received with respect to such moneys the notice provided for in this Section, then, anything herein contained to the contrary notwithstanding, the Trustee shall have full power and authority to receive such moneys and to apply the same to the purpose for which they were received and shall not be affected by any notice to the contrary which may be received by it on or after the commencement of such three-day period.

Appears in 2 contracts

Samples: Indenture (Bowater Inc), Indenture (Bowater Inc)

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Trustee and Paying Agents Not Chargeable with Knowledge Until Notice. Notwithstanding any of the provisions of this Article Four or any other provision provisions of this Indenture, the Trustee and any Paying Agent shall not at any time be charged with knowledge of the existence of any facts which would prohibit the making of any payment of moneys to or by the Trustee or any Paying Agent, unless and until a Responsible Officer of the Trustee or such Paying Agent, as the case may be, shall have received written notice thereof from the Company, Company or a holder of a Senior Indebtedness, or any trustee therefor together with proof satisfactory to the Trustee of the status of the holder of such Senior Indebtedness or the authority of such trustee; thereof, and, prior to the receipt of any such written notice, the Trustee, subject to the provisions of Section 6.01, Trustee and any other Paying Agent shall be entitled to assume that no such facts exist. If at least three two Business Days prior to the date upon which by the terms hereof of any such moneys may become payable for any purpose (including, without limitation, the payment of either the principal of or the interest on any Security) a Responsible Officer of the Trustee or Paying Agent, as the case may be, shall not have received with respect to such moneys the notice provided for in this SectionSection 4.13, then, anything contained herein contained to the contrary notwithstanding, the Trustee shall have full power and authority to receive such moneys and to apply the same to the purpose for which they were received received, and shall not be affected by any notice to the contrary which may be received by it on or after the commencement to such two Business Day period. Nothing contained in this Section 4.13 shall limit the right of such three-day periodthe holders of Senior Indebtedness to recover payments as contemplated by Section 4.04.

Appears in 2 contracts

Samples: Indenture (Icn Pharmaceuticals Inc), Indenture (Trans Lux Corp)

Trustee and Paying Agents Not Chargeable with Knowledge Until Notice. Notwithstanding any of the provisions of this Article Four or any other provision provisions of this Indenture, the Trustee and any Paying Agent shall not at any time be charged with knowledge of the existence of any facts which would prohibit the making of any payment of moneys to or by the Trustee or any Paying Agent, unless and until a Responsible Officer of the Trustee or such Paying Agent, as the case may be, shall have received written notice thereof from the Company, Company or a holder of a Senior Indebtedness, or any trustee therefor together with proof satisfactory to the Trustee of the status of the holder of such Senior Indebtedness or the authority of such trustee; thereof, and, prior to the receipt of any such written notice, the Trustee, subject to the provisions of Section 6.01, Trustee and any other Paying Agent shall be entitled to assume that no such facts exist. If at least three two Business Days prior to the date upon which by the terms hereof of any such moneys may become payable for any purpose (including, without limitation, the payment of either the principal of or the interest on any Security) a Responsible Officer of the Trustee or Paying Agent, as the case may be, shall not have received with respect to such moneys the notice provided for in this SectionSection 4.13, then, anything contained herein contained to the contrary notwithstanding, the Trustee shall have full power and authority to receive such moneys and to apply the same to the purpose for which they were received received, and shall not be affected by any notice to the contrary which may be received by it on or after the commencement to such three Business Day period. Nothing contained in this Section 4.13 shall limit the right of such three-day periodthe holders of Senior Indebtedness to recover payments as contemplated by Section 4.04.

Appears in 1 contract

Samples: Indenture (Acclaim Entertainment Inc)

Trustee and Paying Agents Not Chargeable with Knowledge Until Notice. Notwithstanding any of the provisions of this Article or any other provision of this Indenture, the Trustee and any Paying Agent shall not at any time be charged with knowledge of the existence of any facts which would prohibit the making of any payment of moneys to or by the Trustee or any Paying Agent, unless and until the Trustee or such Paying Agent, as the case may be, shall have received written notice thereof from the Company, a holder of Senior IndebtednessIndebtedness or an Entitled Person in respect of Other Financial Obligations, or any trustee therefor together with proof satisfactory to the Trustee of the status of the holder of such Senior Indebtedness Indebtedness, such Entitled Person in respect of Other Financial Obligations or the authority of such trustee; and, prior to the receipt of any such written notice, the Trustee, subject to the provisions of Section 6.01601, and any Paying Agent shall be entitled to assume that no such facts exist. If at least three Business Days prior to the date upon which by the terms hereof any such moneys may become payable for any purpose (including, without limitation, the payment of either the principal of or the interest on any Security) a Responsible Officer of the Trustee or Paying Agent, as the case may be, shall not have received with respect to such moneys the notice provided for in this Section, then, anything herein contained to the contrary notwithstanding, the Trustee shall have full power and authority to receive such moneys and to apply the same to the purpose for which they were received and shall not be affected by any notice to the contrary which may be received by it on or after the commencement of such three-day period.

Appears in 1 contract

Samples: Indenture (State Street Corp)

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Trustee and Paying Agents Not Chargeable with Knowledge Until Notice. Notwithstanding any of the provisions of this Article or any other provision of this Indenture, the Trustee and any Paying Agent shall not at any time be charged with knowledge of the existence of any facts which would prohibit the making of any payment of moneys to or by the Trustee or any Paying Agent, unless and until the Trustee or such Paying Agent, as the case may be, shall have received written notice thereof from the Company, a holder of Senior IndebtednessIndebtedness or an Entitled Person in respect of Other Financial Obligations, or any trustee therefor together with proof satisfactory to the Trustee of the status of the holder of such Senior Indebtedness Indebtedness, such Entitled Person in respect of Other Financial Obligations or the authority of such trustee; and, prior to the receipt of any such written notice, the Trustee, subject to the provisions of Section 6.01601, and any Paying Agent shall be entitled to assume that no such facts exist. If at least three Business Days prior to the date upon which by the terms hereof any such moneys may become payable for any purpose (including, without limitation, the payment of either the principal of or the interest on any Security) the Trustee or Paying Agent, as the case may be, shall not have received with respect to such moneys the notice provided for in this Section, then, anything herein contained to the contrary notwithstanding, the Trustee shall have full power and authority to receive such moneys and to apply the same to the purpose for which they were received and shall not be affected by any notice to the contrary which may be received by it on or after the commencement of such three-day period.

Appears in 1 contract

Samples: Indenture (State Street Capital Trust Ii)

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