Common use of Trustee Entitled to Assume Payments Not Prohibited in Absence of Notice Clause in 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 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: Subordinated Indenture (Plains E&p Co), Subordinated Indenture (Plains Exploration & Production Co), Subordinated Indenture (Fund American Co Inc/New)

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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: Subordinated Indenture (Credit Suisse Group), Subordinated Indenture (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 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: Indenture (Huntsman International LLC), 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, 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), Indenture (Lamar Advertising Co/New), Indenture (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 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 International LLC), 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 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 received, no later than two 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 601 and 603, shall be entitled in all respects conclusively to assume conclusively that no such facts existfact exists.

Appears in 3 contracts

Samples: Indenture (Landrys Seafood Restaurants Inc), Indenture (Midcoast Energy Resources Inc), Indenture (Key Energy Services 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, subject to the provisions of Section 6017.01, shall be entitled to assume conclusively that no such facts exist.

Appears in 3 contracts

Samples: Subordinated Indenture (CVS HEALTH Corp), Subordinated Indenture (CVS Caremark Corp), Subordinated Indenture (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 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: Junior Subordinated Indenture (Nationwide Financial Services Inc/), Junior Subordinated Indenture (Nationwide Financial Services Inc/), Subordinated Indenture (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, 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

Samples: Junior Subordinated Indenture (Fund American Co Inc/New), Junior Subordinated Indenture (Fund American Co Inc/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 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 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: Indenture (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: Indenture (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 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: Indenture (3003969 Nova Scotia LTD)

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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: Indenture (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 received, no later than two 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 601601 and Section 603, shall be entitled in all respects conclusively to assume conclusively that no such facts existfact exists.

Appears in 1 contract

Samples: Indenture (Cooper Cameron 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 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 (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, 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: Junior Subordinated Indenture (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 actual, written notice thereof from the Company any Subsidiary 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 6.1 and 6.3, shall be entitled in all respects conclusively to assume conclusively that no such facts exist.fact exists. 95 106

Appears in 1 contract

Samples: Indenture (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 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: Indenture (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

Samples: Subordinated Indenture (Credit Suisse (Usa) Inc)

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