TRUSTEE TO GIVE NOTEHOLDERS NOTICE OF DEFAULTS. The Trustee shall, within sixty (60) days after the occurrence of any event that with the giving of notice, the passage of time or both would constitute an Event of Default (a "Default"), give by mail to (i) all Noteholders, as their names and addresses appear in the Note Register, (ii) to such holders of the Notes as have, within the two (2) years preceding the mailing of notice, filed their names and addresses with the Trustee for that purpose and (iii) to such holders of the Notes whose names and addresses are provided the Trustee in accordance with Section 312 of the TIA, notice of all Defaults known to the Trustee, unless such Defaults shall have been cured or waived before the giving of such notice; provided, however, that except in the case of Default in the payment of Payments on any of the Notes, if any are due and payable pursuant to and in accordance with the terms of the Notes and this Indenture, the Trustee shall be protected in withholding such notice if and so long as the board of directors, board of trustees, executive committee, or a trust committee of directors, trustees or Responsible Officers, of the Trustee in good faith determines that the withholding of such notice is in the interests of the Noteholders.
Appears in 2 contracts
Samples: Indenture (First Merchants Acceptance Corp), Indenture (First Merchants Acceptance Corp)
TRUSTEE TO GIVE NOTEHOLDERS NOTICE OF DEFAULTS. The Trustee shall, within sixty (60) days after the occurrence of any event that with the giving of notice, the passage of time or both would constitute an Event of Default (a "Default"), give by mail to (i) all Noteholders, as their names and addresses appear in the Note Register, (ii) to such holders of the Notes as have, within the two (2) years preceding the mailing of notice, filed their names and addresses with the Trustee for that purpose and (iii) to such holders of the Notes whose names and addresses are provided the Trustee in accordance with Section 312 of the TIA, notice of all Defaults known to the Trustee, unless such Defaults shall have been cured or waived before the giving of such notice; provided, however, that except in the case of Default in the payment of Payments the principal of or the interest on any of the Notes, if any are due and payable pursuant to and in accordance with the terms of the Notes and this Indenture, the Trustee shall be protected in withholding such notice if and so long as the board of directors, board of trustees, executive committee, or a trust committee of directors, trustees or Responsible Officers, of the Trustee in good faith determines that the withholding of such notice is in the interests of the Noteholders.
Appears in 2 contracts
Samples: Indenture (First Merchants Acceptance Corp), Indenture (First Merchants Acceptance Corp)