Trustee Entitled to Assume Payments Not Prohibited in Absence of Notice. The Trustee shall not at any time be charged with knowledge of the existence of any facts which would prohibit the making of any payment of monies to or by the Trustee, unless and until a Responsible Officer of the Trustee shall have received written notice thereof from the Company or from one or more holders of Senior Indebtedness or from any trustee therefor; and, prior to the receipt of any such written notice, the Trustee, subject to the provisions of Section 601, shall be entitled to assume conclusively that no such facts exist.
Appears in 11 contracts
Samples: Plains E&p Co, Plains Exploration & Production Co, Public Service Co of Colorado
Trustee Entitled to Assume Payments Not Prohibited in Absence of Notice. The Trustee shall not at any time be charged with knowledge of the existence of any facts which would prohibit the making of any payment of monies to or by the Trustee, Trustee unless and until a Responsible Officer of the Trustee shall have received received, no later than three Business Days prior to such payment, written notice thereof from the Company or from one or more holders of Senior Indebtedness or from any trustee therefor; representative therefor and, 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 conclusively to assume conclusively that no such facts existfact exists.
Appears in 7 contracts
Samples: Default and Remedies (Credit Suisse Group), Credit Suisse Group, Subordinated Indenture (Donaldson Lufkin & Jenrette Inc /Ny/)
Trustee Entitled to Assume Payments Not Prohibited in Absence of Notice. The Trustee shall not at any time be charged with knowledge of the existence of any facts which would prohibit the making of any payment of monies to or by the Trustee, Trustee unless and until a Responsible Officer of the Trustee or any Paying Agent shall have received received, no later than the close of business on the Business Day prior to the date of such payment, written notice thereof from the Company or from one or more holders of Senior Indebtedness or from any trustee therefor; representative therefor and, prior to the receipt of any such written notice, the Trustee, subject to the provisions of Section 601Sections 7.01 and 7.02, shall be entitled in all respects conclusively to assume conclusively that no such facts existfact exists.
Appears in 4 contracts
Samples: Indenture (Lamar Advertising Co/New), Lamar Advertising Co/New, Lamar Advertising Co/New
Trustee Entitled to Assume Payments Not Prohibited in Absence of Notice. The Trustee shall not at any time be charged with knowledge of the existence of any facts which would prohibit the making of any payment of monies to or by the Trustee, Trustee with respect to the Group Guarantee unless and until a Responsible Officer an officer of the Trustee responsible for the administration of this Indenture shall have received received, no later than three Business Days prior to such payment, written notice thereof from the Company Group Guarantor or from one or more holders of Group Guarantor Senior Indebtedness or from any representative or trustee therefor; therefor and, 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 conclusively to assume conclusively that no such facts existfact exists.
Appears in 4 contracts
Samples: Supplemental Indenture (Credit Suisse Group Capital (Delaware) Trust II), Supplemental Indenture (Credit Suisse Group Capital (Delaware) Trust II), Credit Suisse (Credit Suisse Group Capital (Delaware) Trust II)
Trustee Entitled to Assume Payments Not Prohibited in Absence of Notice. The Trustee shall not at any time be charged with knowledge of the existence of any facts which that would prohibit the making of any payment of monies to or by the Trustee, Trustee unless and until a Responsible Officer of the Trustee or any Paying Agent shall have received written notice thereof from the Company or from one or more holders of Senior Indebtedness Debt or from any trustee therefor; Representative therefor and, prior to the receipt of any such written notice, the Trustee, subject to the provisions of Section 601Sections 7.01 and 7.02, shall be entitled in all respects conclusively to assume conclusively that no such facts existfact exists.
Appears in 4 contracts
Samples: Indenture (Huntsman Petrochemical Finance Co), Indenture (Huntsman International LLC), Amended And (Huntsman Petrochemical Finance Co)
Trustee Entitled to Assume Payments Not Prohibited in Absence of Notice. The Trustee shall not at any time be charged with knowledge of the existence of any facts which that would prohibit the making of any payment of monies to or by the Trustee, Trustee unless and until a Responsible Officer of the Trustee or any Paying Agent shall have received written notice thereof from the Company or any Guarantor or from one or more holders of Guarantor Senior Indebtedness Debt or from any trustee therefor; Representative therefor and, prior to the receipt of any such written notice, the Trustee, subject to the provisions of Section 601Sections 7.01 and 7.02, shall be entitled in all respects conclusively to assume conclusively that no such facts existfact exists.
Appears in 4 contracts
Samples: Amended And (Huntsman Petrochemical Finance Co), Indenture (Huntsman Petrochemical Finance Co), Indenture (Huntsman International LLC)
Trustee Entitled to Assume Payments Not Prohibited in Absence of Notice. The Trustee shall not at any time be charged with knowledge of the existence of any facts which would prohibit the making of any payment of monies to or by the Trustee, unless and until a Responsible Officer of the Trustee shall have received written notice thereof from the Company or from one or more holders of Senior Indebtedness or from any trustee therefor; and, prior to the receipt of any such written notice, the Trustee, subject to the provisions of Section 6016.01, shall be entitled to assume conclusively that no such facts exist.
Appears in 3 contracts
Samples: Indenture (Nationwide Financial Services Inc/), Indenture (Nationwide Financial Services Inc/), Hartford Life Capital Iii
Trustee Entitled to Assume Payments Not Prohibited in Absence of Notice. The Trustee shall not at any time be charged with knowledge of the existence of any facts which would prohibit the making of any payment of monies to or by the Trustee, Trustee unless and until a Responsible Officer of the Trustee shall have received received, no later than three Business Days prior to such payment, written notice thereof from the Company Guarantor or from one or more holders of Guarantor Senior Indebtedness or from any trustee therefor; representative therefor and, 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 conclusively to assume conclusively that no such facts existfact exists.
Appears in 3 contracts
Samples: Default and Remedies (Credit Suisse Group), Credit Suisse Group, Credit Suisse Group
Trustee Entitled to Assume Payments Not Prohibited in Absence of Notice. The Trustee shall not at any time be charged with knowledge of the existence of any facts which would prohibit the making of any payment of monies to or by the Trustee, unless and until a Responsible Officer of the Trustee shall have received written notice thereof from the Company or from one or more holders of Senior Indebtedness or from any trustee therefor; and, prior to the receipt of any such written notice, the Trustee, subject to the provisions of Section 6017.01, shall be entitled to assume conclusively that no such facts exist.
Appears in 2 contracts
Samples: Indenture (CVS Caremark Corp), CVS (CVS Caremark Corp)
Trustee Entitled to Assume Payments Not Prohibited in Absence of Notice. The Trustee shall not at any time be charged with knowledge of the existence of any facts which that would prohibit the making of any payment of monies to or by the Trustee, Trustee unless and until a Responsible Officer of the Trustee or any Paying Agent shall have received written notice thereof from the Company or from one or more holders of Senior Indebtedness Debt or from any trustee therefor; Representative therefor and, prior to the receipt of any such written notice, the Trustee, subject to the provisions of Section 601Sections 7.01 and 7.02, shall be entitled in all respects conclusively to assume conclusively that no such facts existfact exists.
Appears in 2 contracts
Samples: Indenture (Huntsman CORP), Indenture (Huntsman CORP)
Trustee Entitled to Assume Payments Not Prohibited in Absence of Notice. The Trustee shall not at any time be charged with knowledge of the existence of any facts which would prohibit the making of any payment of monies to or by the Trustee, unless and until a Responsible Officer of the Trustee shall have received written notice thereof from the Company or from one or more holders of Senior Indebtedness or from any trustee therefor; and, prior to the receipt of any such written notice, the Trustee, 118 subject to the provisions of Section 601, shall be entitled to assume conclusively that no such facts exist.
Appears in 2 contracts
Trustee Entitled to Assume Payments Not Prohibited in Absence of Notice. The Trustee shall not at any time be charged with knowledge of the existence of any facts which that would prohibit the making of any payment of monies to or by the Trustee, Trustee unless and until a Responsible Officer of the Trustee or any Paying Agent shall have received written notice thereof from the Company or any Subsidiary Guarantor or from one or more holders of Guarantor Senior Indebtedness or from any trustee therefor; Representative therefor and, prior to the receipt of any such written notice, the Trustee, subject to the provisions of Section 601Sections 8.01 and 8.02, shall be entitled in all respects conclusively to assume conclusively that no such facts existfact exists.
Appears in 1 contract
Samples: Bay Area Warehouse Stores Inc
Trustee Entitled to Assume Payments Not Prohibited in Absence of Notice. The Trustee shall not at any time be charged with knowledge of the existence of any facts which would prohibit the making of any payment of monies to or by the Trustee, Trustee unless and until a Responsible Trust Officer of the Trustee shall have received received, no later than three Business Days prior to such payment, written notice thereof from the Company or from one or more holders of Senior Indebtedness or from any trustee therefor; representative therefor and, prior to the receipt of any such written notice, the Trustee, subject to the provisions of Section 6018.1 and 8.2, shall be entitled in all respects conclusively to assume conclusively that no such facts existfact exists.
Appears in 1 contract
Samples: Donaldson Lufkin & Jenrette Inc /Ny/
Trustee Entitled to Assume Payments Not Prohibited in Absence of Notice. The Trustee shall not at any time be charged with knowledge of the existence of any facts which would prohibit the making of any payment of monies to or by the Trustee, Trustee unless and until a Responsible Trust Officer of the Trustee shall have received received, no later than three Business Days prior to such payment, written notice thereof from the Company or from one or more holders of Senior Indebtedness or from any trustee therefor; representative therefor and, prior to the receipt of any such written notice, the Trustee, subject to the provisions of Section 601Sections 7.1 and 7.2, shall be entitled in all respects conclusively to assume conclusively that no such facts existfact exists.
Appears in 1 contract
Samples: Indenture (Us Foodservice/Md/)
Trustee Entitled to Assume Payments Not Prohibited in Absence of Notice. The Trustee shall not at any time be charged with knowledge of the existence of any facts which that would prohibit the making of any payment of monies to or by the Trustee, Trustee unless and until a Responsible Officer of the Trustee or any Paying Agent shall have received written notice thereof from the Company or from one or more holders of Senior Indebtedness Debt or from any trustee therefor; Representative therefor and, prior to the receipt of any such written notice, the Trustee, subject to the provisions of Section 601Sections 6.1 and 6.3, shall be entitled in all respects conclusively to assume conclusively that no such facts existfact exists.
Appears in 1 contract
Samples: Apria Healthcare Group Inc
Trustee Entitled to Assume Payments Not Prohibited in Absence of Notice. The Trustee shall not at any time be charged with knowledge of the existence of any facts which that would prohibit the making of any payment of monies to or by the Trustee, Trustee unless and until a Responsible Officer of the Trustee or any Paying Agent shall have received written notice thereof from the Company or from one or more holders of Senior Indebtedness or from any trustee therefor; Representative therefor and, prior to the receipt of any such written notice, the Trustee, subject to the provisions of Section 601Sections 7.1 and 7.2, shall be entitled in all respects conclusively to assume conclusively that no such facts existfact exists.
Appears in 1 contract
Samples: Supplemental Indenture (Local Insight Yellow Pages, Inc.)
Trustee Entitled to Assume Payments Not Prohibited in Absence of Notice. The Trustee shall not at any time be charged with knowledge of the existence of any facts which would prohibit the making of any payment of monies to or by the Trustee, Trustee unless and until a Responsible Officer of the Trustee shall have received written notice thereof from the Company or from one or more holders of Senior Indebtedness or from any trustee therefor; their respective Representatives and, prior to the receipt of any such written notice, the Trustee, subject to the provisions of Section 601Sections 7.01 and 7.02, shall be entitled in all respects conclusively to assume conclusively that no such facts existfact exists.
Appears in 1 contract
Samples: Covenants (Duane Reade Inc)
Trustee Entitled to Assume Payments Not Prohibited in Absence of Notice. The Trustee shall not at any time be charged with knowledge of the existence of any facts which would prohibit the making of any payment of monies to or by the Trustee, Trustee with respect to the Securities unless and until a Responsible Officer of the Trustee shall have received received, no later than three Business Days prior to such payment, written notice thereof from the Company or from one or more holders of Senior Indebtedness or from any representative or trustee therefor; therefor and, 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 conclusively to assume conclusively that no such facts existfact exists.
Appears in 1 contract
Trustee Entitled to Assume Payments Not Prohibited in Absence of Notice. The Trustee shall not at any time be charged with knowledge of the existence of any facts which that would prohibit the making of any payment of monies to or by the Trustee, Trustee unless and until a Responsible Officer of the Trustee or any Paying Agent shall have received written notice thereof from the Company or from one or more holders of Senior Indebtedness or from any trustee therefor; representative therefor and, prior to the receipt of any such written notice, the Trustee, subject to the provisions of Section 601Sections 7.1 and 7.2, shall be entitled in all respects conclusively to assume conclusively that no such facts existfact exists.
Appears in 1 contract
Samples: Clark Material Handling Co
Trustee Entitled to Assume Payments Not Prohibited in Absence of Notice. The Trustee shall not at any time be charged with knowledge of the existence of any facts which would prohibit the making of any payment of monies to or by the Trustee, Trustee unless and until a Responsible Trust Officer of the Trustee or any Paying Agent shall have received received, no later than one Business Day prior to such payment, written notice thereof from the Company or from one or more holders of Senior Indebtedness or from any trustee therefor; representative therefor and, 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 conclusively to assume conclusively that no such facts existfact exists.
Appears in 1 contract
Samples: Costco Companies Inc
Trustee Entitled to Assume Payments Not Prohibited in Absence of Notice. The Trustee shall not at any time be charged with knowledge of the existence of any facts which would prohibit the making of any payment of monies to or by the Trustee, unless and until a Responsible Officer of the Trustee shall have received written notice thereof from the Company or from one or more holders of Senior Indebtedness or from any trustee therefor; and, prior to the receipt of any such written notice, the Trustee, 97 89 subject to the provisions of Section 601, shall be entitled to assume conclusively that no such facts exist.
Appears in 1 contract
Samples: Ccci Capital Trust Iii
Trustee Entitled to Assume Payments Not Prohibited in Absence of Notice. The Trustee shall not at any time be charged with knowledge of the existence of any facts which that would prohibit the making of any payment of monies to or by the Trustee, Trustee unless and until a Responsible Officer of the Trustee or any Paying Agent shall have received written notice thereof from the Company Borrower or from one or more holders of Senior Indebtedness or from any trustee therefor; Representative therefor and, prior to the receipt of any such written notice, the Trustee, subject to the provisions of Section 601Sections ____ and ____ [Insert reference to provisions setting forth Trustee's rights and duties], shall be entitled in all respects conclusively to assume conclusively that no such facts existfact exists.
Appears in 1 contract
Trustee Entitled to Assume Payments Not Prohibited in Absence of Notice. The Trustee shall not at any time be charged with knowledge of the existence of any facts which that would prohibit the making of any payment of monies to or by the Trustee, Trustee unless and until a Responsible Officer of the Trustee or any Paying Agent shall have received written notice thereof from the Company or any Subsidiary Guarantor or from one or more holders of Guarantor Senior Indebtedness or from any trustee therefor; Representative therefor and, prior to the receipt of any such written notice, the Trustee, subject to the provisions of Section 601Sections 7.01 and 7.02, shall be entitled in all respects conclusively to assume conclusively that no such facts existfact exists.
Appears in 1 contract
Samples: 3003969 Nova Scotia LTD