Common use of Trustee Entitled to Assume Payments 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. The Trustee, subject to the provisions of Section 601, shall be entitled to conclusively rely on the delivery to it of a written notice by a Person representing himself to be a holder of Senior Indebtedness of the Company be or a trustee on behalf of such holder, as the case may, to establish that such notice has been given by a holder of such Senior Indebtedness or a trustee on behalf of any such holder 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 as a holder of such Senior Indebtedness to participate in any payment or distribution pursuant to this Article Fourteen, the Trustee may request such Person to furnish evidence to the reasonable satisfaction of the Trustee as to the amount of such Senior Indebtedness 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 Fourteen, 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.

Trustee Entitled to Assume Payments. Not Prohibited in Absence of Notice. The Issuer shall give prompt written notice to the Trustee of any fact known to the Issuer which would prohibit the making of any payment or distribution to or by the Trustee in respect of the Subordinated Securities. Notwithstanding the provisions of this Article Twelve or any provision of this Indenture, 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 or distribution to or by the Trustee, unless and until a Responsible Officer at least two Business Days prior to the making of any such payment, the Trustee shall have received written notice thereof from the Company Issuer or from one or more holders of Senior Indebtedness or from any representative thereof or from any trustee therefor, together with proof satisfactory to the Trustee of such holding of Senior Indebtedness or of the authority of such representative or trustee; and, prior to the receipt of any such written notice, the Trustee, subject to the provisions of Section 601Sections 6.1 and 6.2, shall be entitled to assume conclusively that no such facts exist. The Trustee, subject to the provisions of Section 601, Trustee shall be entitled to conclusively rely on the delivery to it of a written notice by a Person representing himself to be a holder of Senior Indebtedness of the Company be (or a representative or trustee on behalf of such the holder, as the case may, ) to establish that such notice has been given by a holder of such Senior Indebtedness (or a representative of or trustee on behalf of any such holder or holdersholder). In the event that the Trustee determines determines, in good faith faith, that further evidence is required with respect to the right of any Person as a holder of such Senior Indebtedness to participate in any payment payments or distribution pursuant to of this Article FourteenTwelve, the Trustee may request such Person to furnish evidence to the reasonable satisfaction of the Trustee as to the amount of such Senior Indebtedness held by such Person, as to the extent to which such Person is entitled to participate in such payment or distribution distribution, and any as to other facts pertinent to the rights of such Person under this Article FourteenTwelve, and, 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. The Trustee, however, shall not be deemed to owe any fiduciary duty to the holders of Senior Indebtedness and nothing in this Article Twelve shall apply to claims of, or payments to, the Trustee under or pursuant to Section 6.6.

Trustee Entitled to Assume Payments. Not Prohibited in Absence of Notice. The Issuer shall give prompt written notice to the Trustee of any fact known to the Issuer which would prohibit the making of any payment or distribution to or by the Trustee in respect of the Subordinated Securities. Notwithstanding the provisions of this Article ____ or any provision of this Indenture, 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 or distribution to or by the Trustee, unless and until a Responsible Officer at least two Business Days prior to the making of any such payment, the Trustee shall have received written notice thereof from the Company Issuer or from one or more holders of Senior Indebtedness or from any representative thereof or from any trustee therefor, together with proof satisfactory to the Trustee of such holding of Senior Indebtedness or of the authority of such representative or trustee; and, prior to the receipt of any such written notice, the Trustee, subject to the provisions of Section 601Sections ___ and ___, shall be entitled to assume conclusively that no such facts exist. The Trustee, subject to the provisions of Section 601, Trustee shall be entitled to conclusively rely on the delivery to it of a written notice by a Person representing himself to be a holder of Senior Indebtedness of the Company be (or a representative or trustee on behalf of such the holder, as the case may, ) to establish that such notice has been given by a holder of such Senior Indebtedness (or a representative of or trustee on behalf of any such holder or holdersholder). In the event that the Trustee determines determines, in good faith faith, that further evidence is required with respect to the right of any Person as a holder of such Senior Indebtedness to participate in any payment payments or distribution pursuant to of this Article Fourteen____, the Trustee may request such Person to furnish evidence to the reasonable satisfaction of the Trustee as to the amount of such Senior Indebtedness held by such Person, as to the extent to which such Person is entitled to participate in such payment or distribution distribution, and any as to other facts pertinent to the rights of such Person under this Article Fourteen____, and, 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. The Trustee, however, shall not be deemed to owe any fiduciary duty to the holders of Senior Indebtedness and nothing in this Article ____ shall apply to claims of, or payments to, the Trustee under or pursuant to Section ___.

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, and the Trustee shall not be required to withhold payment to the Holders of Securities as provided in Section 14.3(d), unless and until a Responsible Officer of the Trustee shall have received written notice thereof at its Corporate Trust Office from the Company a Guarantor or from one or more holders of Senior Indebtedness Debt of such Guarantor or from any representative thereof or trustee therefortherefor identifying the specific sections of this Indenture involved and describing in detail the facts that would obligate the Trustee to withhold payments to Holders of Securities, as well as any other facts required by the next succeeding paragraph of this Section 14.7; and, prior to the receipt of any such written notice, the Trustee, subject to the provisions of Section 601Sections 6.1 and 6.2, shall be entitled to assume conclusively that no such facts exist. The Trustee, subject to the provisions of Section 601, Trustee shall be entitled to conclusively rely on the delivery to it of a written notice by a Person person representing himself to be a holder of Senior Indebtedness Debt of the Company be a Guarantor (or a trustee on behalf of such holder, as the case may, ) to establish that such notice has been given by a holder of Senior Debt of such Senior Indebtedness Guarantor or a trustee on behalf of any such holder or holdersholder. 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 such Senior Indebtedness Debt of a Guarantor to participate in any payment or distribution pursuant to this Article Fourteen14, the Trustee may request such Person person to furnish evidence to the reasonable satisfaction of the Trustee as to the amount of Senior Debt of such Senior Indebtedness Guarantor 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 Fourteen14, 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.

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, and the Trustee shall not be required to withhold payment to the Holders of Securities as provided in Section 14.3(d), unless and until a Responsible Officer of the Trustee shall have received written notice thereof at its Corporate Trust Office from the Company Guarantor or from one or more holders of Senior Indebtedness Debt of the Guarantor or from any representative thereof or trustee therefortherefor identifying the specific sections of this Indenture involved and describing in detail the facts that would obligate the Trustee to withhold payments to Holders of Securities, as well as any other facts required by the next succeeding paragraph of this Section 14.7; and, prior to the receipt of any such written notice, the Trustee, subject to the provisions of Section 601Sections 6.1 and 6.2, shall be entitled to assume conclusively that no such facts exist. The Trustee, subject to the provisions of Section 601, Trustee shall be entitled to conclusively rely on the delivery to it of a written notice by a Person person representing himself to be a holder of Senior Indebtedness Debt of the Company be Guarantor (or a trustee on behalf of such holder, as the case may, ) to establish that such notice has been given by a holder of such Senior Indebtedness Debt of the Guarantor or a trustee on behalf of any such holder or holdersholder. 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 such Senior Indebtedness Debt of the Guarantor to participate in any payment or distribution pursuant to this Article Fourteen14, the Trustee may request such Person person to furnish evidence to the reasonable satisfaction of the Trustee as to the amount of such Senior Indebtedness Debt of the Guarantor 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 Fourteen14, 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.

Trustee Entitled to Assume Payments. Not Prohibited in Absence of Notice. The Issuer shall give prompt written notice to the Trustee of any fact known to the Issuer which would prohibit the making of any payment or distribution to or by the Trustee in respect of the Subordinated Securities. Notwithstanding the provisions of this Article ____ or any provision of this Indenture, 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 or distribution to or by the Trustee, unless and until a Responsible Officer at least two Business Days prior to the making of any such payment, the Trustee shall have received written notice thereof from the Company Issuer or from one or more holders of Senior Indebtedness or from any representative thereof or from any trustee therefor, together with proof satisfactory to the Trustee of such holding of Senior Indebtedness or of the authority of such representative or trustee; and, prior to the receipt of any such written notice, the Trustee, subject to the provisions of Section 601Sections ___ and ___, shall be entitled to assume conclusively that no such facts exist. The Trustee, subject to the provisions of Section 601, Trustee shall be entitled to conclusively rely on the delivery to it of a written notice by a Person representing himself to be a holder of Senior Indebtedness of the Company be (or a representative or trustee on behalf of such the holder, as the case may, ) to establish that such notice has been given by a holder of such Senior Indebtedness (or a representative of or trustee on behalf of any such holder or holdersholder). In the event that the Trustee determines determines, in good faith faith, that further evidence is required with respect to the right of any Person as a holder of such Senior Indebtedness to participate in any payment payments or distribution pursuant to of this Article Fourteen____, the Trustee may request such Person to furnish evidence to the reasonable satisfaction of the Trustee as to the amount of such Senior Indebtedness held by such Person, as to the extent to which such Person is entitled to participate in such payment or distribution distribution, and any as to other facts pertinent to the rights of such Person under this Article Fourteen____, and, 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.. The Trustee, however, shall not be deemed to owe any fiduciary duty to the holders of Senior Indebtedness and nothing in this Article ____ shall apply to claims of, or payments to, the Trustee under or pursuant to Section ___. Section ___.7 Application by Trustee of Monies or Government Obligations Deposited with It. Money or Government Obligations deposited in trust with the Trustee

Trustee Entitled to Assume Payments. Not Prohibited in Absence of Notice. The Issuer shall give prompt written notice to the Trustee of any fact known to the Issuer which would prohibit the making of any payment or distribution to or by the Trustee in respect of the Subordinated Securities. Notwithstanding the provisions of this Article ____ or any provision of this Indenture, 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 or distribution to or by the Trustee, unless and until a Responsible Officer at least two Business Days prior to the making of any such payment, the Trustee shall have received written notice thereof from the Company Issuer or from one or more holders of Senior Indebtedness or from any representative thereof or from any trustee therefor, together with proof satisfactory to the Trustee of such holding of Senior Indebtedness or of the authority of such representative or trustee; and, prior to the receipt of any such written notice, the Trustee, subject to the provisions of Section 601Sections ___ and ___, shall be entitled to assume conclusively that no such facts exist. The Trustee, subject to the provisions of Section 601, Trustee shall be entitled to conclusively rely on the delivery to it of a written notice by a Person representing himself to be a holder of Senior Indebtedness of the Company be (or a representative or trustee on behalf of such the holder, as the case may, ) to establish that such notice has been given by a holder of such Senior Indebtedness (or a representative of or trustee on behalf of any such holder or holdersholder). In the event that the Trustee determines determines, in good faith faith, that further evidence is required with respect to the right of any Person as a holder of such Senior Indebtedness to participate in any payment payments or distribution pursuant to of this Article Fourteen____, the Trustee may request such Person to furnish evidence to the reasonable satisfaction of the Trustee as to the amount of such Senior Indebtedness held by such Person, as to the extent to which such Person is entitled to participate in such payment or distribution distribution, and any as to other facts pertinent to the rights of such Person under this Article Fourteen____, and, 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.. The Trustee, however, shall not be deemed to owe any fiduciary duty to the holders of Senior Indebtedness and nothing in this Article ____ shall apply to claims of, or payments to, the Trustee under or pursuant to Section ___. Section ___.7 Application by Trustee of Monies or Government Obligations Deposited with It. Money or Government Obligations deposited in trust with the Trustee pursuant to and in accordance with Section ____ shall be for the sole benefit of Securityholders

Trustee Entitled to Assume Payments. Not Prohibited in Absence of Notice. The Issuer shall give prompt written notice to the Trustee of any fact known to the Issuer which would prohibit the making of any payment or distribution to or by the Trustee in respect of the Subordinated Securities. Notwithstanding the provisions of this Article Twelve or any provision of this Indenture, 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 or distribution to or by the Trustee, unless and until a Responsible Officer at least two Business Days prior to the making of any such payment, the Trustee shall have received written notice thereof from the Company Issuer or from one or more holders of Senior Indebtedness or from any representative thereof or from any trustee therefor, together with proof satisfactory to the Trustee of such holding of Senior Indebtedness or of the authority of such representative or trustee; and, prior to the receipt of any such written notice, the Trustee, subject to the provisions of Section 601Sections 6.1 and 6.2, shall be entitled to assume conclusively that no such facts exist. The Trustee, subject to the provisions of Section 601, Trustee shall be entitled to conclusively rely on the delivery to it of a written notice by a Person representing himself to be a holder of Senior Indebtedness of the Company be (or a representative or trustee on behalf of such the holder, as the case may, ) to establish that such notice has been given by a holder of such Senior Indebtedness (or a representative of or trustee on behalf of any such holder or holdersholder). In the event that the Trustee determines determines, in good faith faith, that further evidence is required with respect to the right of any Person as a holder of such Senior Indebtedness to participate in any payment payments or distribution pursuant to of this Article FourteenTwelve, the Trustee may request such Person to furnish evidence to the reasonable satisfaction of the Trustee as to the amount of such Senior Indebtedness held by such Person, as to the extent to which such Person is entitled to participate in such payment or distribution distribution, and any as to other facts pertinent to the rights of such Person under this Article FourteenTwelve, and, 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.. The Trustee, however, shall not be deemed to owe any fiduciary duty to the holders of Senior Indebtedness and nothing in this Article Twelve shall apply to

Trustee Entitled to Assume Payments. Not Prohibited in Absence of Notice. The Issuer shall give prompt written notice to the Trustee of any fact known to the Issuer which would prohibit the making of any payment or distribution to or by the Trustee in respect of the Subordinated Securities. Notwithstanding the provisions of this Article __ or any provision of this Indenture, 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 or distribution to or by the Trustee, unless and until a Responsible Officer at least two Business Days prior to the making of any such payment, the Trustee shall have received written notice thereof from the Company Issuer or from one or more holders of Senior Indebtedness or from any representative thereof or from any trustee therefor, together with proof satisfactory to the Trustee of such holding of Senior Indebtedness or of the authority of such representative or trustee; and, prior to the receipt of any such written notice, the Trustee, subject to the provisions of Section 601Sections __ and __, shall be entitled to assume conclusively that no such facts exist. The Trustee, subject to the provisions of Section 601, Trustee shall be entitled to conclusively rely on the delivery to it of a written notice by a Person representing himself to be a holder of Senior Indebtedness of the Company be (or a representative or trustee on behalf of such the holder, as the case may, ) to establish that such notice has been given by a holder of such Senior Indebtedness (or a representative of or trustee on behalf of any such holder or holdersholder). In the event that the Trustee determines determines, in good faith faith, that further evidence is required with respect to the right of any Person as a holder of such Senior Indebtedness to participate in any payment payments or distribution pursuant to of this Article Fourteen__, the Trustee may request such Person to furnish evidence to the reasonable satisfaction of the Trustee as to the amount of such Senior Indebtedness held by such Person, as to the extent to which such Person is entitled to participate in such payment or distribution distribution, and any as to other facts pertinent to the rights of such Person under this Article Fourteen__, and, 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.. The Trustee, however, shall not be deemed to owe any fiduciary duty to the holders of Senior Indebtedness and nothing in this Article __ shall apply to claims of, or payments to, the Trustee under or pursuant to Section __. Section __.7 Application by Trustee of Monies or Government Obligations Deposited with It. Money or Government Obligations deposited in trust with the Trustee pursuant to and in accordance with Section __ shall be for the sole benefit of Securityholders