Common use of Trustee Entitled to Assume 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 that would prohibit the making of any payment to or by the Trustee unless and until the Trustee shall have received written notice thereof from the Company or from one or more holders of Senior Debt or from any Representative therefor and, prior to the receipt of any such notice, the Trustee, subject to the provisions of Sections 8.1 and 8.2, shall be entitled in all respects conclusively to assume that no such fact exists.

Appears in 3 contracts

Samples: Indenture (Metals Usa Inc), Indenture (Color Spot Nurseries Inc), Indenture (Color Spot Nurseries Inc)

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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 that would prohibit the making of any payment to or by the Trustee unless and until 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 Debt or from any Representative therefor and, prior to the receipt of any such notice, the Trustee, subject to the provisions of Sections 8.1 7.01 and 8.27.02, shall be entitled in all respects conclusively to assume that no such fact exists.

Appears in 2 contracts

Samples: Indenture (Huntsman Packaging Corp), Indenture (Young America Holdings 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 that 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 Debt Indebtedness or from any Representative therefor trustee therefor; and, prior to the receipt of any such written notice, the Trustee, subject to the provisions of Sections 8.1 and 8.2Section 6.01, shall be entitled in all respects conclusively to assume conclusively that no such fact existsfacts exist.

Appears in 1 contract

Samples: Subordinated Indenture (Hartford Life 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 that would prohibit the making of any payment to or by the Trustee unless and until 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 Debt or from any Representative therefor and, prior to the receipt of any such notice, the Trustee, subject to the provisions of Sections 8.1 7.01 and 8.27.02, shall be entitled in all respects conclusively to assume that no such fact exists.

Appears in 1 contract

Samples: Indenture (T Sf Communications 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 that would prohibit the making of any payment to or by the 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 Debt or from any Representative therefor and, prior to the receipt of any such notice, the Trustee, subject to the provisions of Sections 8.1 and 8.2, shall be entitled in all respects conclusively to assume that no such fact exists.more

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 that would prohibit the making of any payment to or by the Trustee unless and until 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 Debt or from any Representative therefor and, prior to the receipt of any such notice, the Trustee, subject to the provisions of Sections 8.1 and 8.2, shall be entitled in all respects conclusively to assume that no such fact exists.

Appears in 1 contract

Samples: Indenture (Metals Usa 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 that would prohibit the making of any payment to or by the Trustee unless and until the Trustee or any Paying Agent shall have received written notice thereof from the Company or from one or more holders of Senior Debt Indebtedness or from any Representative therefor and, prior to the receipt of any such notice, the Trustee, subject to the provisions of Sections 8.1 7.01 and 8.27.02, shall be entitled in all respects conclusively to assume that no such fact exists.

Appears in 1 contract

Samples: Indenture (Armstrong Containers 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 that would prohibit the making of any payment to or by the Trustee unless and until the Trustee shall have received written notice thereof from the Company or from one or more holders of Senior Debt Indebtedness or from any Representative therefor and, prior to the receipt of any such notice, the Trustee, subject to the provisions of Sections 8.1 8.01 and 8.28.02, shall be entitled in all respects conclusively to assume that no such fact exists.

Appears in 1 contract

Samples: Indenture (Smiths Food & Drug Centers 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 that would prohibit the making of any payment to or by the Trustee unless and until the Trustee shall have received written notice thereof from the Company or any Guarantor or from one or more holders of Guarantor Senior Debt Indebtedness or from any Representative therefor and, prior to the receipt of any such notice, the Trustee, subject to the provisions of Sections 8.1 8.01 and 8.28.02, shall be entitled in all respects conclusively to assume that no such fact exists.

Appears in 1 contract

Samples: Indenture (Smiths Food & Drug Centers 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 that would prohibit the making of any payment to or by the Trustee unless and until 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 Debt Indebtedness or from any Representative therefor therefore and, prior to the receipt of any such notice, the Trustee, subject to the provisions of Sections 8.1 and 8.2, shall be entitled in all respects conclusively to assume (in the absence of actual knowledge to the contrary) that no such fact exists.

Appears in 1 contract

Samples: Indenture (RSC Duval Inc)

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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 that which would prohibit the making of any payment to or by the Trustee unless and until a Trust Officer of the Trustee shall have received written notice thereof from the Company or from one or more holders of Senior Debt or from any Representative therefor andreceived, no later than three Business Days prior to the receipt of any such notice, the Trustee, subject to the provisions of Sections 8.1 and 8.2, shall be entitled in all respects conclusively to assume that no such fact exists.such

Appears in 1 contract

Samples: Indenture (Wyndham Hotel 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 that 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 90 82 thereof from the Company or from one or more holders of Senior Debt Indebtedness or from any Representative therefor trustee therefor; and, prior to the receipt of any such written notice, the Trustee, subject to the provisions of Sections 8.1 and 8.2Section 601, shall be entitled in all respects conclusively to assume conclusively that no such fact existsfacts exist.

Appears in 1 contract

Samples: 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 that which would prohibit the making of any payment to or by the Trustee unless and until 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 Debt Indebtedness or from any Representative 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, Trustee shall be entitled in all respects conclusively to assume that no such fact exists.

Appears in 1 contract

Samples: Subordinated Indenture (Amerco /Nv/)

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 that would prohibit the making of any payment to or by the Trustee unless and until the Trustee or any Paying Agent shall have received written notice thereof from the Company or from one or more holders of Senior Debt Indebtedness or from any Representative therefor and, prior to the receipt of any such notice, the Trustee, subject to the provisions of Sections 8.1 8.01 and 8.28.02, 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)

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 that would prohibit the making of any payment to or by the Trustee unless and until 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 Debt or from any Representative therefor and, prior to the receipt of any such notice, the Trustee, subject to the provisions of Sections 8.1 7.01 and 8.27.02, shall be entitled in all respects conclusively to assume that no such fact exists.

Appears in 1 contract

Samples: Indenture (Tioxide Americas 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 that would prohibit the making of any payment to or by the Trustee unless and until the Trustee or any Paying Agent shall have received written notice thereof from the Company or from one or more holders of Senior Debt or from any Representative therefor and, prior to the receipt of any such notice, the Trustee, subject to the provisions of Sections 8.1 7.01 and 8.27.02, shall be entitled in all respects conclusively to assume that no such fact exists.

Appears in 1 contract

Samples: Indenture (Tioxide Americas Inc)

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