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, unless and until the Trustee shall have received written notice thereof at its Corporate Trust Office from the Company or any Guarantor or from one or more holders of Senior Debt or from any representative thereof or trustee therefor, and, prior to the receipt of any such written notice, the Trustee, subject to the provisions of Sections 8.1 and 8.2 hereof, shall be entitled to assume conclusively that no such facts exist, and shall be fully protected in making any such payment in any such event. The Trustee shall be entitled to rely on the delivery to it of a written notice by a Person representing himself or itself to be a holder of Senior Debt (or a trustee on behalf of such holder) to establish that such notice has been given by a holder of Senior Debt or a trustee on behalf of any such holder. In the event that the Trustee determines in good faith that further evidence is required with respect to the right of any Person as a holder of Senior Debt to participate in any payment or distribution pursuant to this Article XIII, the Trustee may request such Person to furnish evidence to the reasonable satisfaction of the Trustee as to the amount of Senior Debt held by such Person, the extent to which such Person is entitled to participate in such payment or distribution and any other facts pertinent to the rights of such Person under this Article XIII, and, if such evidence is not furnished, the Trustee may defer any payment to such Person pending judicial determination as to the right of such Person to receive such payment.

Appears in 3 contracts

Samples: Indenture (Jazz Casino Co LLC), Indenture (Jazz Casino Co LLC), Indenture (Jazz Casino Co 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 would prohibit the making of any payment to or by the Trustee, and the Trustee shall not be required to withhold payment to the Holders of Securities, unless and until the Trustee shall have received written notice thereof at its Corporate Trust Office from the Company or any Guarantor Bank, or from one or more holders of Senior Debt Indebtedness or from any representative thereof or trustee therefor, therefor and, prior to the receipt of any such written notice, the Trustee, subject to the provisions of Sections 8.1 601 and 8.2 hereof603, shall be entitled to assume conclusively that no such facts exist, and shall be fully protected in making any such payment in any such event. The Trustee Trustee, subject to the provisions of Article Six hereof, shall be entitled to rely on the delivery to it of a written notice by the Bank or a Person person representing himself himself, herself or itself to be a holder of Senior Debt (or a trustee on behalf of such holder) Indebtedness to establish that such notice has been given by a holder of Senior Debt or a trustee on behalf of any such holdergiven. In the event that the Trustee determines in good faith that further evidence is required with respect to the right of any Person as a holder of such Senior Debt Indebtedness to participate in any payment or distribution pursuant to this Article XIIIFifteen, the Trustee may request such Person person to furnish evidence to the reasonable satisfaction of the Trustee as to the amount of such Senior Debt Indebtedness held by such Personperson, the extent to which such Person person is entitled to participate in such payment or distribution and any other facts pertinent to the rights of such Person person under this Article XIIIFifteen, and, and if such evidence is not furnished, furnished the Trustee may defer any payment to such Person person pending judicial determination as to the right of such Person person to receive such payment.

Appears in 2 contracts

Samples: Indenture (Canadian Imperial Bank of Commerce /Can/), Indenture (Canadian Imperial Bank of Commerce /Can/)

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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 to or by the Trustee, unless and until the Trustee a Responsible Officer shall have received at its corporate trust department timely written notice thereof at its Corporate Trust Office from the Company or any Guarantor or from one or more holders of Senior Debt Indebtedness or from any representative trustee thereof or trustee representative therefor, ; and, prior to the receipt of any such written notice, the Trustee, subject to the provisions of Sections 8.1 and 8.2 hereofArticle Six, shall be entitled to assume conclusively that no such facts exist, and shall be fully protected in making any such payment in any such event. The Trustee shall be entitled to conclusively rely on the delivery to it a Responsible Officer of a timely written notice by a Person person representing himself or itself to be a holder of Senior Debt Indebtedness (or a trustee or representative on behalf of such holder) to establish that such notice has been given by a holder of Senior Debt Indebtedness or a trustee on behalf of any such holderholder or holders. In the event that the Trustee determines in good faith that further evidence is required with respect to the right of any Person person as a holder of Senior Debt Indebtedness to participate in any payment or distribution pursuant to this Article XIII13, the Trustee may request such Person person to furnish evidence to the reasonable satisfaction of the Trustee as to the amount of Senior Debt Indebtedness held by such Personperson, the extent to which such Person person is entitled to participate in such payment or distribution and any other facts pertinent to the rights of such Person person under this Article XIII13, and, and if such evidence is not furnished, furnished the Trustee may defer any payment to such Person person pending judicial determination as to the right of such Person person to receive such payment.

Appears in 1 contract

Samples: Indenture (Epicept Corp)

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