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 to or by the Trustee with respect to the Group Guarantee unless and until an officer of the Trustee responsible for the administration of this Indenture shall have received, no later than three Business Days prior to such payment, written notice thereof from the Group Guarantor or from one or more holders of Group Guarantor Senior Indebtedness or from any representative or trustee therefor and, prior to the receipt of any such written notice, the Trustee shall be entitled in all respects conclusively to assume that no such fact exists.

Appears in 4 contracts

Samples: First Supplemental Indenture (Credit Suisse Group Capital (Delaware) Trust II), Second Supplemental Indenture (Credit Suisse Group Capital (Delaware) Trust II), First Supplemental Indenture (Credit Suisse Group Capital (Delaware) Trust II)

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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 to or by the Trustee with respect to the Group Guarantee unless and until an officer a Responsible Officer of the Trustee responsible for the administration of this Indenture or any Paying Agent shall have received, no later than three two Business Days prior to such payment, written notice thereof from the Group Guarantor Company or any Subsidiary Guarantor, as the case may be, or from one or more holders of Group Guarantor Senior Indebtedness Debt or from any representative or trustee therefor thereof and, prior to the receipt of any such written notice, the Trustee Trustee, subject to the provisions of Sections 7.01 and 7.02, shall be entitled in all respects conclusively to assume that no such fact exists.

Appears in 3 contracts

Samples: Indenture (LGI Homes-Florida, LLC), Indenture (LGI Homes-Windmill Farms, LLC), Subordinated Indenture (Cloverdale Park, 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 to or by the Trustee with respect to the Group Guarantee unless and until an officer a Responsible Officer of the Trustee responsible for the administration of this Indenture shall have received, no later than three Business Days prior to such payment, written notice thereof from the Group Guarantor or from one or more holders of Group Guarantor Senior Indebtedness or from any representative or trustee therefor and, prior to the receipt of any such written notice, the Trustee shall be entitled in all respects conclusively to assume that no such fact exists.

Appears in 3 contracts

Samples: Subordinated Indenture (Credit Suisse Group), Subordinated Indenture (Credit Suisse Group), Subordinated Indenture (Credit Suisse Group)

Trustee Entitled to Assume Payments Not Prohibited in Absence of Notice. The Trustee or 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 to or by the Trustee with respect to the Group Guarantee or any Paying Agent unless and until an officer a Trust Officer of the Trustee responsible for the administration of this Indenture or any Paying Agent shall have received, no later than three one Business Days Day prior to such payment, written notice thereof from the Group Guarantor Company or from one or more holders of Group Guarantor Senior Indebtedness or from any representative or trustee therefor and, prior to the receipt of any such written notice, the Trustee Trustee, subject to the provisions of Sections 601 and 603, shall be entitled in all respects conclusively to assume that no such fact exists.

Appears in 2 contracts

Samples: Indenture (Xo Communications Inc), Indenture (Xo Communications 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 to or by the Trustee with respect to the Group Guarantee unless and until an officer a Responsible Officer of the Trustee responsible for the administration of this Indenture or any Paying Agent shall have received, no later than three Business Days prior to such payment, written received notice thereof from the Group Company or any Guarantor or from one or more holders of Group Guarantor Senior Indebtedness Debt or from any representative or trustee Representative therefor and, prior to the receipt of any such written notice, the Trustee Trustee, subject to the provisions of Sections 7.01 and 7.02, shall be entitled in all respects conclusively to assume that no such fact 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 to or by the Trustee with respect to the Group Guarantee Subordinated Securities or any deposit contemplated by Section 11.05 unless and until an officer a Responsible Officer of the Trustee responsible for the administration of this Indenture shall have received, no later than three Business Days prior to such paymentpayment or deposit, written notice thereof from the Group Guarantor Company or from one or more holders of Group Guarantor Senior Indebtedness or from any representative or trustee therefor and, prior to the receipt of any such written notice, the Trustee shall be entitled in all respects conclusively to assume that no such fact exists.

Appears in 2 contracts

Samples: Indenture (Credit Suisse Group (Guernsey) III LTD), Indenture (Credit Suisse Group (Guernsey) III LTD)

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 to or by the Trustee with respect to the Group Subordinated Guarantee or any deposit contemplated by Section 12.05 unless and until an officer a Responsible Officer of the Trustee responsible for the administration of this Indenture shall have received, no later than three Business Days prior to such paymentpayment or deposit, written notice thereof from the Group Guarantor or from one or more holders of Group Guarantor Senior Indebtedness or from any representative or trustee therefor and, prior to the receipt of any such written notice, the Trustee shall be entitled in all respects conclusively to assume that no such fact exists.

Appears in 2 contracts

Samples: Indenture (Credit Suisse Group (Guernsey) III LTD), Indenture (Credit Suisse Group (Guernsey) III LTD)

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 to or by the Trustee with respect to the Group Guarantee unless and until an officer a Trust Officer of the Trustee responsible for the administration of this Indenture shall have received, no later than three Business Days prior to such payment, written notice thereof from the Group Guarantor Company or from one or more holders of Group Guarantor Senior Indebtedness or from any representative or trustee therefor and, prior to the receipt of any such written notice, the Trustee Trustee, subject to the provisions of Section 8.1 and 8.2, shall be entitled in all respects conclusively to assume that no such fact exists.

Appears in 1 contract

Samples: Subordinated Debt 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 to or by the Trustee with respect to the Group Guarantee unless and until an officer a Trust Officer of the Trustee responsible for the administration of this Indenture shall have received, no later than three Business Days prior to such payment, written notice thereof from the Group Guarantor Company or from one or more holders of Group Guarantor Senior Indebtedness or from any representative or trustee therefor and, prior to the receipt of any such written notice, the Trustee Trustee, subject to the provisions of Sections 7.1 and 7.2, shall be entitled in all respects conclusively to assume that no such fact 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 would prohibit the making of any payment to or by the Trustee with respect to the Group Guarantee unless and until an officer a Trust Officer of the Trustee responsible for the administration of this Indenture or any Paying Agent shall have received, no later than three one Business Days Day prior to such paymentpayment (or such other period as may be required hereunder), written notice thereof in the manner required under Section 11.2 from the Group Guarantor Company or from one or more holders of Group Guarantor Senior Indebtedness or from any representative or trustee therefor and, prior to the receipt of any such written notice, the Trustee Trustee, subject to the provisions of Sections 7.1 and 7.2, shall be entitled in all respects conclusively to assume that no such fact existsfacts exist.

Appears in 1 contract

Samples: Indenture (Gamco Investors, Inc. Et Al)

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 to or by the Trustee with respect to the Group Guarantee unless and until an officer a Responsible Officer of the Trustee responsible for the administration of this Indenture or any Paying Agent shall have received, no later than three two Business Days prior to such that payment, written notice thereof from the Group Guarantor Company or any Guarantors, as the case may be, or from one or more holders of Group Guarantor Senior Indebtedness Debt of the Company or from any representative or trustee therefor and, prior to the receipt of any such written notice, the Trustee Trustee, subject to the provisions of Sections 7.1 and 7.2, shall be entitled in all respects conclusively to assume that no such fact exists.

Appears in 1 contract

Samples: Indenture (234DP Aviation, LLC)

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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 to or by the Trustee with respect to the Group Guarantee unless and until an officer of the Trustee responsible for the administration of this Indenture or any Paying Agent shall have received, no later than three Business Days prior to such payment, received written notice thereof from the Group Guarantor Borrower or from one or more holders of Group Guarantor Senior Indebtedness or from any representative or trustee Representative therefor and, prior to the receipt of any such written notice, the Trustee Trustee, subject to the provisions of Sections ____ and ____ [Insert reference to provisions setting forth Trustee's rights and duties], shall be entitled in all respects conclusively to assume that no such fact exists.

Appears in 1 contract

Samples: Credit Agreement (Chartwell Leisure 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 to or by the Trustee with respect to the Group Guarantee unless and until an officer a Responsible Officer of the Trustee responsible for the administration of this Indenture or any Paying Agent shall have received, no later than three two Business Days prior to such that payment, written notice thereof from the Group Guarantor Company or the Guarantors, as the case may be, or from one or more holders of Group Guarantor Senior Indebtedness Debt of the Company or from any representative or trustee therefor and, prior to the receipt of any such written notice, the Trustee Trustee, subject to the provisions of Sections 7.1 and 7.2, shall be entitled in all respects conclusively to assume that no such fact exists.

Appears in 1 contract

Samples: Indenture (Mariner Gulf of Mexico 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 to or by the Trustee with respect to the Group Guarantee unless and until an officer a Responsible Officer of the Trustee responsible for the administration of this Indenture or any Paying Agent shall have received, no later than three two Business Days prior to such payment, written notice thereof from the Group Company or from any Guarantor or from one or more holders of Group Guarantor Senior Indebtedness or from any representative or trustee therefor and, prior to the receipt of any such written notice, the Trustee Trustee, subject to the provisions of Sections 601 and 603, shall be entitled in all respects conclusively to assume that no such fact exists.

Appears in 1 contract

Samples: 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 that would prohibit the making of any payment to or by the Trustee with respect to the Group Guarantee unless and until an officer a Responsible Officer of the Trustee responsible for the administration of this Indenture or any Paying Agent shall have received, no later than three two Business Days prior to such payment, written notice thereof from the Group Guarantor Company or the Subsidiary Guarantor, as the case may be, or from one or more holders of Group Guarantor Senior Indebtedness Debt or from any representative or trustee therefor thereof and, prior to the receipt of any such written notice, the Trustee Trustee, subject to the provisions of Sections 7.01 and 7.02, shall be entitled in all respects conclusively to assume that no such fact exists.

Appears in 1 contract

Samples: Subordinated Indenture (Carrizo Oil & Gas Inc)

Trustee Entitled to Assume Payments Not Prohibited in Absence of Notice. The Notwithstanding the provisions of this Article or any other provision of this Indenture, but subject to the provisions of Section 601, 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 to or by the Trustee with respect to the Group Guarantee Trustee, unless and until an officer of the Trustee responsible for the administration of this Indenture shall have received, no later than three Business Days prior to such payment, received written notice thereof from the Group Guarantor Company or from one or more holders of Group Guarantor Senior Indebtedness or from any representative thereof or from any trustee therefor therefor; and, prior to the receipt of any such written notice, the Trustee shall be entitled in all respects conclusively to assume conclusively that no such fact existsfacts exist.

Appears in 1 contract

Samples: Indenture (Bec 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 to or by the Trustee with respect to the Group Guarantee unless and until an officer of the Trustee responsible for the administration of this Indenture or any Paying Agent shall have received, no later than three Business Days prior to such payment, written received notice thereof from the Group Company or any Subsidiary Guarantor or from one or more holders of Group Guarantor Senior Indebtedness or from any representative or trustee Representative therefor and, prior to the receipt of any such written notice, the Trustee Trustee, subject to the provisions of Sections 8.01 and 8.02, shall be entitled in all respects conclusively to assume that no such fact exists.

Appears in 1 contract

Samples: Indenture (Bay Area Warehouse Stores Inc)

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