Common use of Trustee to Give Notice of Default, But May Withhold in Certain Circumstances Clause in Contracts

Trustee to Give Notice of Default, But May Withhold in Certain Circumstances. Subject to its prior receipt of written notice of an Event of Default or a default, the Trustee shall, within ninety days after the occurrence of an Event of Default or a default with respect to the Securities of any series, give notice of all Events of Default or defaults with respect to that series known to the Trustee (i) if any Bearer Securities of a series affected are then Outstanding, to the Holders thereof, (A) by mail to such Holders who have filed their names and addresses with the Trustee within the two years preceding the notice at such addresses as were so furnished to the Trustee and (B) either through the customary notice provisions of the clearing system or systems through which beneficial interests in such Bearer Securities are owned if such Bearer Securities are held only in global form or by publication at least once in an Authorized Newspaper in the Borough of Manhattan, The City of New York, and at least once in an Authorized Newspaper in London (and, if required by Section 3.06, at least once in an Authorized Newspaper in Luxembourg), and (ii) if any Registered Securities of a series affected are then Outstanding, by mailing notice to the Holders of then Outstanding Registered Securities of each series affected at their addresses as they shall appear on the registry books, unless in each case such defaults shall have been cured before the mailing or publication of such notice (the term “defaults” for the purpose of this Section being hereby defined to mean any event or condition which is, or with notice or lapse of time or both would become, a default in the payment of the principal of or interest on any Securities of any series or an Event of Default); provided that, except in the case of default in the payment of the principal of or interest on any of the Securities of such series, the Trustee shall be protected in withholding such notice if and so long as the board of directors, the executive committee, or a trust committee of directors or trustees and/or Responsible Officers of the Trustee in good faith determines that the withholding of such notice is in the interests of the Securityholders of such series.

Appears in 3 contracts

Samples: Deutsche Bank Aktiengesellschaft, Deutsche Bank Aktiengesellschaft, Deutsche Bank Aktiengesellschaft

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Trustee to Give Notice of Default, But May Withhold in Certain Circumstances. Subject to its prior receipt of written notice of an Event of Default or a default, the The Trustee shall, within ninety days after the occurrence of an Event of Default or a default with respect to the Securities of any series, give notice of all Events of Default or defaults with respect to that series known to the Trustee (i) if any Bearer Securities of a that series affected are then Outstanding, to the Holders thereof, (A) by mail to such Holders who have filed their names and addresses with the Trustee within the two years preceding the notice at such addresses as were so furnished to the Trustee and (B) either through the customary notice provisions of the clearing system or systems through which beneficial interests in such Bearer Securities are owned if such Bearer Securities are held only in global form or by publication at least once in an Authorized Newspaper in the Borough Place of ManhattanPayment, The City of New York, and at least once in an Authorized Newspaper in London (and, if required by Section 3.06, at least once in an Authorized Newspaper in Luxembourg), and (ii) if any Registered Bearer Securities of a that series affected are then Outstanding, to all Holders thereof who have filed their names and addresses with the Trustee, by mailing such notice to the such Holders at such addresses and (iii) to all Holders of then Outstanding Registered Securities of each series affected that series, by mailing such notice to such Holders at their addresses as they shall appear on in the registry books, unless in each case such defaults shall have been cured before the mailing or publication of such notice (the term "defaults") for the purpose of this Section being hereby defined to mean any event or condition which is, or with notice or lapse of time or both would become, a default in the payment of the principal of or interest on any Securities of any series or an Event of Default); provided that, except in the case of default in the payment of the principal of or interest or Additional Amounts, if any, on any of the Securities of such seriesseries or in the payment of any sinking or purchase fund installment, the Trustee shall be protected in withholding such notice if and so long as the board of directors, the executive committee, or a trust committee comprised of two or more directors or trustees and/or Responsible Officers responsible officers of the Trustee Trustee, which may include Trust Officers, in good faith determines that the withholding of such notice is in the interests of the Securityholders of such series.

Appears in 2 contracts

Samples: Section Indenture (Sierra Pacific Resources), Sierra Pacific Resources Capital Trust Ii

Trustee to Give Notice of Default, But May Withhold in Certain Circumstances. Subject to its prior receipt of written notice of an Event of Default or a default, the The Trustee shall, within ninety 90 days after the occurrence of an Event of Default or a default with respect to the Securities of any series, give notice of all Events of Default or defaults with respect to that series known to the Trustee (i) if any Bearer Unregistered Securities of a series affected are then Outstanding, to the Holders thereof, (A) by mail to such Holders who have filed their names and addresses with the Trustee within the two years preceding the notice at such addresses as were so furnished to the Trustee and (B) either through the customary notice provisions of the clearing system or systems through which beneficial interests in such Bearer Unregistered Securities are owned if such Bearer Unregistered Securities are held only in global form or by publication at least once in an Authorized Newspaper in the Borough of Manhattan, The City of New York, and at least once in an Authorized Newspaper in London (and, if required by Section ‎‎Section 3.06, at least once in an Authorized Newspaper in Luxembourg), and (ii) if any Registered Securities of a series affected are then Outstanding, by mailing notice to the Holders of then Outstanding Registered Securities of each series affected at their addresses as they shall appear on the registry books, unless in each case such defaults shall have been cured before the mailing or publication of such notice (the term “defaults” for the purpose of this Section being hereby defined to mean any event or condition which is, or with notice or lapse of time or both would become, a default in the payment of the principal of or interest on any Securities of any series or an Event of Default); provided that, except in the case of default in the payment of the principal of or interest on money due with respect to any of the Securities of such series, the Trustee shall be protected in withholding such notice if and so long as the board of directors, the executive committee, or a trust committee of directors or trustees and/or Responsible Officers of the Trustee in good faith determines that the withholding of such notice is in the interests of the Securityholders of such series.

Appears in 2 contracts

Samples: Agent Agreement (JPMorgan Chase Financial Co. LLC), JPMorgan Chase Financial Co. LLC

Trustee to Give Notice of Default, But May Withhold in Certain Circumstances. Subject to its prior receipt of written notice of an Event of Default or a default, the The Trustee shall, within ninety days after the occurrence of an Event of Default or a default with respect to the Securities of any series, give notice of all Events of Default or defaults with respect to that series known to the Trustee (i) if any Bearer Securities of a series affected are then Outstanding, to the Holders thereof, (A) by mail to such Holders who have filed their names and addresses with the Trustee within the two years preceding the notice at such addresses as were so furnished to the Trustee and (B) either through the customary notice provisions of the clearing system or systems through which beneficial interests in such Bearer Securities are owned if such Bearer Securities are held only in global form or by publication at least once in an Authorized Newspaper in the Borough of Manhattan, The City of New York, and at least once in an Authorized Newspaper in London (and, if required by Section 3.06, at least once in an Authorized Newspaper in Luxembourg), and (ii) if any Registered Securities of a series affected are then Outstanding, by mailing notice to the Holders of then Outstanding Registered Securities of each series affected at their addresses as they shall appear on the registry books, unless in each case such defaults shall have been cured before the mailing or publication of such notice (the term "defaults" for the purpose of this Section being hereby defined to mean any event or condition which is, or with notice or lapse of time or both would become, a default in the payment of the principal of or interest on any Securities of any series or an Event of Default); provided that, except in the case of default in the payment of the principal of or interest on any of the Securities of such series, or in the payment of any sinking fund instalment on such series, the Trustee shall be protected in withholding such notice if and so long as the board of directors, the executive committee, or a trust committee of directors or trustees and/or Responsible Officers of the Trustee in good faith determines that the withholding of such notice is in the interests of the Securityholders of such series.

Appears in 2 contracts

Samples: Abn Amro Bank Nv, Abn Amro Bank Nv

Trustee to Give Notice of Default, But May Withhold in Certain Circumstances. Subject to its prior receipt of written notice of an Event of Default or a default, the The Trustee shall, within ninety days after the occurrence of an Event of Default or a default with respect to the Securities of any series, give notice of all Events of Default or defaults with respect to that series known to the Trustee (i) if any Bearer Securities of a series affected are then Outstanding, to the Holders thereof, (A) by mail to such Holders who have filed their names and addresses with the Trustee within the two years preceding the notice at such addresses as were so furnished to the Trustee and (B) either through the customary notice provisions of the clearing system or systems through which beneficial interests in such Bearer Securities are owned if such Bearer Securities are held only in global form or by publication at least once in an Authorized Newspaper in the Borough of Manhattan, The City of New York, and at least once in an Authorized Newspaper in London (and, if required by Section 3.06, at least once in an Authorized Newspaper in Luxembourg), and (ii) if any Registered Securities of a series affected are then Outstanding, by mailing notice to the Holders of then Outstanding Registered Securities of each series affected at their addresses as they shall appear on the registry books, unless in each case such defaults shall have been cured before the mailing or publication of such notice (the term “defaults” for the purpose of this Section being hereby defined to mean any event or condition which is, or with notice or lapse of time or both would become, a default in the payment of the principal of or interest on any Securities of any series or an Event of Default); provided that, except in the case of default in the payment of the principal of or interest on any of the Securities of such series, or in the payment of any sinking fund installment on such series, the Trustee shall be protected in withholding such notice if and so long as the board of directors, the executive committee, or a trust committee of directors or trustees and/or Responsible Officers of the Trustee in good faith determines that the withholding of such notice is in the interests of the Securityholders of such series.

Appears in 2 contracts

Samples: Subordinated Indenture (Abn Amro Bank Nv), Indenture (Bank of America Corp /De/)

Trustee to Give Notice of Default, But May Withhold in Certain Circumstances. Subject to its prior receipt of written notice of an Event of Default or a default, the The Trustee shall, within ninety days after the occurrence of an Event of Default or a default with respect to the Securities of any series, give notice of all Events of Default or defaults with respect to that series known to the Trustee (i) if any Bearer Securities of a series affected are then Outstanding, to the Holders thereof, (A) by mail to such Holders who have filed their names and addresses with the Trustee within the two years preceding the notice at such addresses as were so furnished to the Trustee and (B) either through the customary notice provisions of the clearing system or systems through which beneficial interests in such Bearer Securities are owned if such Bearer Securities are held only in global form or by publication at least once in an Authorized Newspaper in the Borough of Manhattan, The City of New York, and at least once in an Authorized Newspaper in London (and, if required by Section 3.06, at least once in an Authorized Newspaper in Luxembourg), and (ii) if any Registered Securities of a series affected are then Outstanding, by mailing notice to the Holders of then Outstanding Registered Securities of each series affected at their addresses as they shall appear on the registry books, unless in each case such defaults shall have been cured before the mailing or publication of such notice (the term "defaults" for the purpose of this Section being hereby defined to mean any event or condition which is, or with notice or lapse of time or both would become, a default in the payment of the principal of or interest on any Securities of any series or an Event of Default); provided that, except in the case of default in the payment of the principal of or interest on any of the Securities of such series, or in the payment of any sinking fund installment on such series, the Trustee shall be protected in withholding such notice if and so long as the board of directors, the executive committee, or a trust committee of directors or trustees and/or Responsible Officers of the Trustee in good faith determines that the withholding of such notice is in the interests of the Securityholders of such series.

Appears in 2 contracts

Samples: Abn Amro Bank Nv, Abn Amro Bank Nv

Trustee to Give Notice of Default, But May Withhold in Certain Circumstances. Subject to its prior receipt of written notice of an Event of Default or a default, the The Trustee shall, within ninety days after the occurrence of an Event of Default or a default with respect to the Securities of any series, give notice of all Events of Default or defaults with respect to that series known to the Trustee (i) if any Bearer Securities of a that series affected are then Outstanding, to the Holders thereof, (A) by mail to such Holders who have filed their names and addresses with the Trustee within the two years preceding the notice at such addresses as were so furnished to the Trustee and (B) either through the customary notice provisions of the clearing system or systems through which beneficial interests in such Bearer Securities are owned if such Bearer Securities are held only in global form or by publication at least once in an Authorized Newspaper in the Borough Place of ManhattanPayment, The City of New York, and at least once in an Authorized Newspaper in London (and, if required by Section 3.06, at least once in an Authorized Newspaper in Luxembourg), and (ii) if any Registered Bearer Securities of a that series affected are then Outstanding, to all Holders thereof who have filed their names and addresses with the Trustee, by mailing such notice to the such Holders at such addresses and (iii) to all Holders of then Outstanding Registered Securities of each series affected that series, by mailing such notice to such Holders at their addresses as they shall appear on in the registry books, unless in each case such defaults shall have been cured before the mailing or publication of such notice (the term "defaults" for the purpose of this Section being hereby defined to mean any event or condition which is, or with notice or lapse of time or both would become, a default in the payment of the principal of or interest on any Securities of any series or an Event of Default); provided that, except in the case of default in the payment of the principal of or interest or Additional Amounts, if any, on any of the Securities of such seriesseries or in the payment of any sinking or purchase fund installment, the Trustee shall be protected in withholding such notice if and so long as the board of directors, the executive committee, or a trust committee comprised of two or more directors or trustees and/or Responsible Officers responsible officers of the Trustee Trustee, which may include Trust Officers, in good faith determines that the withholding of such notice is in the interests of the Securityholders of such series.

Appears in 2 contracts

Samples: Indenture (Natural Microsystems Corp), Indenture (Natural Microsystems Corp)

Trustee to Give Notice of Default, But May Withhold in Certain Circumstances. Subject to its prior receipt of written notice of an Event of Default or a default, the The Trustee shall, within ninety 90 days after the occurrence of an Event of Default or a default with respect to the Securities of any series, give notice of all Events of Default or defaults with respect to that series known to the Trustee (i) if any Bearer Unregistered Securities of a that series affected are then Outstanding, to the Holders thereof, (A) by mail to such Holders who have filed their names and addresses with the Trustee within the two years preceding the notice at such addresses as were so furnished to the Trustee and (B) either through the customary notice provisions of the clearing system or systems through which beneficial interests in such Bearer Securities are owned if such Bearer Securities are held only in global form or by publication at least once in an Authorized Newspaper in the Borough of Manhattan, The City of New York, York and at least once in an Authorized Newspaper in London (and, if required by Section 3.063.6, at least once in an Authorized Newspaper in Luxembourg), and (ii) if any Registered Unregistered Securities of a that series affected are then Outstanding, to all Holders thereof who have filed their names and addresses with the Trustee pursuant to Section 4.4(c) (ii), by mailing such notice to the such Holders at such addresses and (iii) to all Holders of then Outstanding Registered Securities of each series affected that series, by mailing such notice to such Holders at their addresses as they shall appear on in the registry books, unless in each case such defaults shall have been cured before the mailing or publication of such notice (the term "defaults" for the purpose of this Section being hereby defined to mean any event or condition which is, or with notice or of lapse of time or both would become, a default in the payment of the principal of or interest on any Securities of any series or an Event of Default); provided PROVIDED that, except in the case of default in the payment of the principal of or interest on any of the Securities of such series, the Trustee shall be protected in withholding such notice if and so long as the board of directors, the executive committee, or a trust committee of directors or trustees and/or Responsible Officers of the Trustee in good faith determines that the withholding of such notice is in the interests of the Securityholders of such series.

Appears in 1 contract

Samples: Indenture (Timken Co)

Trustee to Give Notice of Default, But May Withhold in Certain Circumstances. Subject to its prior receipt of written notice of an Event of Default or a default, the The Trustee shall, within ninety days after the occurrence of an Event of Default or a default with respect to the Securities of any series, give notice of all Events of Default or defaults with respect to that series known to the Trustee (i) if any Bearer Unregistered Securities of a series affected are then Outstanding, to the Holders thereof, (A) by mail to such Holders who have filed their names and addresses with the Trustee within the two years preceding the notice at such addresses as were so furnished to the Trustee and (B) either through the customary notice provisions of the clearing system or systems through which beneficial interests in such Bearer Unregistered Securities are owned if such Bearer Unregistered Securities are held only in global form or by publication at least once in an Authorized Newspaper in the Borough of Manhattan, The City of New York, and at least once in an Authorized Newspaper in London (and, if required by Section 3.06‎Section 3.07, at least once in an Authorized Newspaper in Luxembourg), and (ii) if any Registered Securities of a series affected are then Outstanding, by mailing notice to the Holders of then Outstanding Registered Securities of each series affected at their addresses as they shall appear on the registry books, unless in each case such defaults shall have been cured before the mailing or publication of such notice (the term “defaults” for the purpose of this Section being hereby defined to mean any event or condition which is, or with notice or lapse of time or both would become, a default in the payment of the principal of or interest on any Securities of any series or an Event of Default); provided that, except in the case of default in the payment of the principal of or interest on any of the Securities of such series, or in the payment of any sinking fund installment on such series, the Trustee shall be protected in withholding such notice if and so long as the board of directors, the executive committee, or a trust committee of directors or trustees and/or Responsible Officers of the Trustee in good faith determines that the withholding of such notice is in the interests of the Securityholders of such series.

Appears in 1 contract

Samples: Senior Indenture (Morgan Stanley Capital Trust Iv)

Trustee to Give Notice of Default, But May Withhold in Certain Circumstances. Subject to its prior receipt of written notice of an Event of Default or a default, the The Trustee shall, within ninety 90 days after the occurrence of an Event of Default or a default with respect to the Securities of any series, give notice of all Events of Default or defaults with respect to that series known to a Responsible Officer of the Trustee Trustee, provide notice to the Holders of Securities of such series and Coupons appertaining thereto, if any, (i) if any Bearer Unregistered Securities of a that series affected are then Outstanding, to the Holders thereof, (A) by mail to such Holders who have filed their names and addresses with the Trustee within the two years preceding the notice at such addresses as were so furnished to the Trustee and (B) either through the customary notice provisions of the clearing system or systems through which beneficial interests in such Bearer Securities are owned if such Bearer Securities are held only in global form or by publication at least once in an Authorized Newspaper in the Borough of Manhattan, The City of New York, and at least once in an Authorized Newspaper in London (and, if required by Section 3.063.6, at least once in an Authorized Newspaper in Luxembourg), and (ii) if any Registered Unregistered Securities of a that series affected are then Outstanding, to all Holders thereof who have filed their names and addresses with the Trustee pursuant to Section 4.4(c)(ii), by mailing such notice to the such Holders at such addresses and (iii) to all Holders of then Outstanding Registered Securities of each series affected that series, by mailing such notice to such Holders at their addresses as they shall appear on in the registry books, unless in each case such defaults shall have been cured before the mailing or publication giving of such notice (the term "default" or "defaults" for the purpose purposes of this Section being hereby defined to mean any event or condition which is, or with notice or lapse of time or both would become, a default in the payment of the principal of or interest on any Securities of any series or an Event of Default); provided that, except in the case of default in the payment of the principal of or interest on any of the Securities of such series, the Trustee shall be protected in withholding such notice if and so long as the board of directors, the executive committee, or a trust committee of directors or trustees and/or Responsible Officers of the Trustee in good faith determines that the withholding of such notice is in the interests of the Securityholders of such series.

Appears in 1 contract

Samples: Indenture (Progressive Corp/Oh/)

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Trustee to Give Notice of Default, But May Withhold in Certain Circumstances. Subject to its prior receipt of written notice of an Event of Default or a default, the The Trustee shall, within ninety 90 days after the occurrence of an Event of Default or a default known to the Trustee with respect to the Securities of any series, give provide notice of all Events of Default or defaults with respect to that series known to the Trustee Holders of Securities of such series and Coupons appertaining thereto, if any, (i) if any Bearer Unregistered Securities of a that series affected are then Outstanding, to the Holders thereof, (A) by mail to such Holders who have filed their names and addresses with the Trustee within the two years preceding the notice at such addresses as were so furnished to the Trustee and (B) either through the customary notice provisions of the clearing system or systems through which beneficial interests in such Bearer Securities are owned if such Bearer Securities are held only in global form or by publication at least once in an Authorized Newspaper in the Borough of Manhattan, The City of New York, and at least once in an Authorized Newspaper in London (and, if required by Section 3.063.6, at least once in an Authorized Newspaper in Luxembourg), and (ii) if any Registered Unregistered Securities of a that series affected are then Outstanding, to all Holders thereof who have filed their names and addresses with the Trustee pursuant to Section 4.4(c)(ii), by mailing such notice to the such Holders at such addresses and (iii) to all Holders of then Outstanding Registered Securities of each series affected that series, by mailing such notice to such Holders at their addresses as they shall appear on in the registry books, unless in each case such defaults shall have been cured before the mailing or publication giving of such notice (the term "default" or "defaults" for the purpose purposes of this Section being hereby defined to mean any event or condition which is, or with notice or lapse of time or both would become, a default in the payment of the principal of or interest on any Securities of any series or an Event of Default); provided PROVIDED that, except in the case of default in the payment of the principal of or interest on any of the Securities of such series, the Trustee shall be protected in withholding such notice if and so long as the board of directors, the executive committee, or a trust committee of directors or trustees and/or Responsible Officers of the Trustee in good faith determines that the withholding of such notice is in the interests of the Securityholders of such series.

Appears in 1 contract

Samples: Indenture (Progressive Corp/Oh/)

Trustee to Give Notice of Default, But May Withhold in Certain Circumstances. Subject to its prior receipt of written notice of an Event of Default or a default, the The Trustee shall, within ninety 90 days after the occurrence of an Event of Default or a default with respect to the Securities of any series, give notice of all Events of Default or defaults with respect to that series known to the Trustee Trustee, provide notice to the Holders of Securities of such series and Coupons appertaining thereto, if any, (i) if any Bearer Unregistered Securities of a that series affected are then Outstanding, to the Holders thereof, (A) by mail to such Holders who have filed their names and addresses with the Trustee within the two years preceding the notice at such addresses as were so furnished to the Trustee and (B) either through the customary notice provisions of the clearing system or systems through which beneficial interests in such Bearer Securities are owned if such Bearer Securities are held only in global form or by publication at least once in an Authorized Newspaper in the Borough of Manhattan, The City of New York, York and at least once in an Authorized Newspaper in London (and, if required by Section 3.063.6, at least once in an Authorized Newspaper in Luxembourg), and (ii) if any Registered Unregistered Securities of a that series affected are then Outstandingoutstanding, to all Holders thereof who have filed their names and addresses with the Trustee pursuant to Section 313(c)(2) of the Trust Indenture Act of 1939, by mailing such notice to the such Holders at such addresses and (iii) to all Holders of then Outstanding Registered Securities of each series affected that series, by mailing such notice to such Holders at their addresses as they shall appear on in the registry books, unless in each case such defaults shall have been cured before the mailing or publication giving of such notice (the term "default" or "defaults" for the purpose purposes of this Section being hereby defined to mean any event or condition which is, or with notice or lapse of time or both would become, a default in the payment of the principal of or interest on any Securities of any series or an Event of Default); provided that, except in the case of default in the payment of the principal of or interest on any of the Securities of such seriesseries or the payment of any sinking fund installment, the Trustee shall be protected in withholding such notice if and so long as the board of directors, the executive committee, or a trust committee of directors or trustees and/or Responsible Officer or Officers of the Trustee in good faith determines that the withholding of such notice is in the interests of the Securityholders of such series.

Appears in 1 contract

Samples: J P Morgan Chase & Co

Trustee to Give Notice of Default, But May Withhold in Certain Circumstances. Subject to its prior receipt of written notice of an Event of Default or a default, the The Trustee shall, within ninety 90 days after the occurrence of an Event of Default or a default with respect to the Securities of any series, give notice of all Events of Default or defaults with respect to that series known to the Trustee Trustee, provide notice to the Holders of Securities of such series and Coupons appertaining thereto, if any, (i) if any Bearer Unregistered Securities of a that series affected are then Outstanding, to the Holders thereof, (A) by mail to such Holders who have filed their names and addresses with the Trustee within the two years preceding the notice at such addresses as were so furnished to the Trustee and (B) either through the customary notice provisions of the clearing system or systems through which beneficial interests in such Bearer Securities are owned if such Bearer Securities are held only in global form or by publication at least once in an Authorized Newspaper in the Borough of Manhattan, The City of New York, York and at least once in an Authorized Newspaper in London (and, if required by Section 3.063.6, at least once in an Authorized Newspaper in Luxembourg), and (ii) if any Registered Unregistered Securities of a that series affected are then Outstanding, to all Holders thereof who have filed their names and addresses with the Trustee pursuant to Section 4.4 (c) (ii), by mailing such notice to the such Holders at such addresses and (iii) to all Holders of then Outstanding Registered Securities of each series affected that series, by mailing such notice to such Holders at their addresses as they shall appear on in the registry books, unless in each case such defaults shall default have been cured before the mailing or publication giving of such notice (the term "default" or "defaults" for the purpose purposes of this Section being hereby defined to mean any event or condition which is, or with notice or lapse of time or both would become, a default in the payment of the principal of or interest on any Securities of any series or an Event of Default); provided that, except in the case of default in the payment of the principal of or interest on any of the Securities of such series, the Trustee shall be protected in withholding such notice if and so long as the board of directors, the executive committee, or a trust committee of directors or trustees and/or Responsible Officer or Officers of the Trustee in good faith determines that the withholding of such notice is in the interests of the Securityholders of such series.

Appears in 1 contract

Samples: J P Morgan Chase & Co

Trustee to Give Notice of Default, But May Withhold in Certain Circumstances. Subject to its prior receipt of written notice of an Event of Default or a default, the The Trustee shall, within ninety days after the occurrence of an Event of Default or a default with respect to the Securities of any series, give notice of all Events of Default or defaults with respect to that series known to the Trustee (i) if any Bearer Unregistered Securities of a series affected are then Outstanding, to the Holders thereof, (A) by mail to such Holders who have filed their names and addresses with the Trustee within the two years preceding the notice at such addresses as were so furnished to the Trustee and (B) either through the customary notice provisions of the clearing system or systems through which beneficial interests in such Bearer Unregistered Securities are owned if such Bearer Unregistered Securities are held only in global form or by publication at least once in an Authorized Newspaper in the Borough of Manhattan, The City of New York, and at least once in an Authorized Newspaper in London (and, if required by Section 3.06, at least once in an Authorized Newspaper in Luxembourg)London, and (ii) if any Registered Securities of a series affected are then Outstanding, by mailing notice to the Holders of then Outstanding Registered Securities of each series affected at their addresses as they shall appear on the registry books, unless in each case such defaults shall have been cured before the mailing or publication of such notice (the term "defaults" for the purpose of this Section being hereby defined to mean any event or condition which is, or with notice or lapse of time or both would become, a default in the payment of the principal of or interest on any Securities of any series or an Event of Default); provided that, except in the case of default in the payment of the principal of or interest on any of the Securities of such series, or in the payment of any sinking fund instalment on such series, the Trustee shall be protected in withholding such notice if and so long as the board of directors, the executive committee, or a trust committee of directors or trustees and/or Responsible Officers of the Trustee in good faith determines that the withholding of such notice is in the interests of the Securityholders of such series.

Appears in 1 contract

Samples: Alliance Capital Management L P

Trustee to Give Notice of Default, But May Withhold in Certain Circumstances. Subject to its prior receipt of written notice of an Event of Default or a default, the The Trustee shall, within ninety days after the occurrence of an Event of Default or a default with respect to the Securities of any series, give notice of all Events of Default or defaults with respect to that series known to the Trustee (i) if any Bearer Unregistered Securities of a series affected are then Outstanding, to the Holders thereof, (A) by mail to such Holders who have filed their names and addresses with the Trustee within the two years preceding the notice at such addresses as were so furnished to the Trustee and (B) either through the customary notice provisions of the clearing system or systems through which beneficial interests in such Bearer Unregistered Securities are owned if such Bearer Unregistered Securities are held only in global form or by publication at least once in an Authorized Newspaper in the Borough of Manhattan, The City of New York, and at least once in an Authorized Newspaper in London (and, if required by Section 3.06, at least once in an Authorized Newspaper in Luxembourg), and (ii) if any Registered Securities of a series affected are then Outstanding, by mailing notice to the Holders of then Outstanding Registered Securities of each series affected at their addresses as they shall appear on the registry books, unless in each case such defaults shall have been cured before the mailing or publication of such notice (the term "defaults" for the purpose of this Section being hereby defined to mean any event or condition which is, or with notice or lapse of time or both would become, a default in the payment of the principal of Default or interest on any Securities of any series or an Event of Default); provided that, except in the case of default in the payment of the principal of or interest on any of the Securities of such series, or in the payment of any sinking fund installment on such series, the Trustee shall be protected in withholding such notice if and so long as the board of directors, the executive committee, or a trust committee of directors or trustees and/or Responsible Officers of the Trustee in good faith determines that the withholding of such notice is in the interests of the Securityholders of such series.

Appears in 1 contract

Samples: Morgan Stanley Capital Trust VIII

Trustee to Give Notice of Default, But May Withhold in Certain Circumstances. Subject to its prior receipt of written notice of an Event of Default or a default, the The Trustee shall, within ninety days after the occurrence of an Event of Default or a default with respect to the Securities of any series, give notice of all Events of Default or defaults with respect to that series known to the Trustee (i) if any Bearer Unregistered Securities of a series affected are then Outstanding, to the Holders thereof, (A) by mail to such Holders who have filed their names and addresses with the Trustee within the two years preceding the notice at such addresses as were so furnished to the Trustee and (B) either through the customary notice provisions of the clearing system or systems through which beneficial interests in such Bearer Unregistered Securities are owned if such Bearer Unregistered Securities are held only in global form or by publication at least once in an Authorized Newspaper in the Borough of Manhattan, The City of New York, and at least once in an Authorized Newspaper in London (and, if required by Section 3.06, at least once in an Authorized Newspaper in Luxembourg)London, and (ii) if any Registered Securities of a series affected are then Outstanding, by mailing notice to the Holders of then Outstanding Registered Securities of each series affected at their addresses as they shall appear on the registry books, unless in each case such defaults shall have been cured before the mailing or publication of such notice (the term “defaults” for the purpose of this Section being hereby defined to mean any event or condition which is, or with notice or lapse of time or both would become, a default in the payment of the principal of Default or interest on any Securities of any series or an Event of Default); provided that, except in the case of default in the payment of the principal of or interest on any of the Securities of such series, or in the payment of any sinking fund installment on such series, the Trustee shall be protected in withholding such notice if and so long as the board of directors, the executive committee, or a trust committee of directors or trustees and/or Responsible Officers of the Trustee in good faith determines that the withholding of such notice is in the interests of the Securityholders of such series.

Appears in 1 contract

Samples: Indenture (E Trade Financial Corp)

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