Common use of Trustee to Give Notice of Default Clause in Contracts

Trustee to Give Notice of Default. But May Withhold in Certain Circumstances. The Trustee shall, within ninety days after the occurrence of a default with respect to the Securities of any series, give notice of all defaults with respect to that series known to the Trustee (i) if any Unregistered Securities of that series are then Outstanding, to the Holders thereof, 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 3.7, at least once in an Authorized Newspaper in Luxembourg) and (ii) to all Holders of Securities of such affected series in the manner and to the extent provided in Section 4.4(c), unless such defaults shall have been cured before the mailing or publication of such notice (the term "default" or "defaults" for the purposes of this Section 5.11 being hereby defined to mean any event or condition which is, or with notice or lapse of time or both would become, 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 or purchase 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.

Appears in 5 contracts

Samples: Subordinated Indenture (McMoran Exploration Co /De/), Senior Indenture (Freeport McMoran Copper & Gold Inc), Senior Indenture (McMoran Exploration Co /De/)

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Trustee to Give Notice of Default. But May Withhold in Certain Circumstances. The Trustee shall, within ninety days after the occurrence of a default with respect to the Securities of any series, give notice of all defaults with respect to that series known to the Trustee (i) if any Unregistered Securities of that series are then Outstanding, to the Holders thereof, 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 3.73.6, at least once in an Authorized Newspaper in Luxembourg) and (ii) by first class mail, postage prepaid, to all Holders of Securities of such affected series in series, as the manner names and to addresses of such Holders appear on the extent provided in Section 4.4(c)registry books, unless in each case such defaults shall have been cured before the mailing or publication of such notice (the term "default" or "defaults" for the purposes purpose of this Section 5.11 being hereby defined to mean any event or condition which is, or with notice or lapse of time or both would become, 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 or purchase fund installment on such series, the Trustee shall be protected in withholding such notice if and so long as the Board board of Directorsdirectors, 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 SecurityholdersSecurityholders of such series.

Appears in 4 contracts

Samples: Senior Subordinated Debt Indenture (Kaufman & Broad Home Corp), Senior Debt Indenture (Kaufman & Broad Home Corp), Subordinated Debt Indenture (Kaufman & Broad Home Corp)

Trustee to Give Notice of Default. But but May Withhold in Certain Circumstances. The Trustee shall, within ninety days after the occurrence of a default with respect to the Securities of any series, give notice of all defaults with respect to that series known to the Trustee (iunless such default shall have been cured or waived before the giving of such notice) (1) if any Unregistered Securities of that series are then Outstanding, to the Holders thereof, 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 3.7, at least once in an Authorized Newspaper in Luxembourg) and (ii2) to all Holders of Securities of such affected series in the manner and to the extent provided in Section 4.4(c)313(c) of the Trust Indenture Act of 1939, unless in each case such defaults shall have been cured before the mailing or publication of such notice (the term "default" or "defaults" for the purposes purpose of this Section 5.11 being hereby defined to mean any event or condition which is, or with notice or lapse of time or both would become, 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 or purchase fund installment on such series, the Trustee shall be protected in withholding such notice if and so long as the Board board of Directorsdirectors, 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 SecurityholdersSecurityholders of such series.

Appears in 3 contracts

Samples: Junior Subordinated Indenture (Scottish Annuity & Life Holdings LTD), Subordinated Indenture (Scottish Annuity & Life Holdings LTD), Senior Indenture (Scottish Annuity & Life Holdings LTD)

Trustee to Give Notice of Default. But May Withhold in Certain Circumstances. The Trustee shall, within ninety days after the occurrence of a default with respect to the Securities of any series, give notice of all defaults with respect to that series known to the Trustee (ia) if any Unregistered Securities of that series are then Outstanding, to the Holders thereof, 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 3.73.06, at least once in an Authorized Newspaper in Luxembourg) and (iib) by mail to all Holders of Registered Securities of such affected series in the manner and to such other Holders of Securities as have, within two years preceding such transmission, filed their names and addresses with the extent provided in Section 4.4(c)Trustee for that purpose, unless in each case such defaults shall have been cured before the mailing or publication of such notice (the term "default" or "defaults" for the purposes purpose of this Section 5.11 being hereby defined to mean any event or condition which is, or with notice or lapse of time or both would become, an a Default or 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 or purchase fund installment on such series, the Trustee shall be protected in withholding such notice if and so long as the Board board of Directorsdirectors, 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 SecurityholdersSecurityholders of such series.

Appears in 3 contracts

Samples: Junior Subordinated Indenture (Morgan Stanley Capital Trust VIII), Junior Subordinated Indenture (Morgan Stanley Capital Trust VIII), Junior Subordinated Indenture (Morgan Stanley Capital Trust VIII)

Trustee to Give Notice of Default. But May Withhold in Certain Circumstances. The Trustee shall, within ninety days after the occurrence of a default with respect to the Securities of any series, give notice of all defaults with respect to that series known to the Trustee (i) if any Unregistered Securities of that series are then Outstanding, to the Holders thereof, 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 3.73.9, at least once in an Authorized Newspaper in Luxembourg) and (ii) to all Holders of Securities of such affected series in the manner and to the extent provided in Section 4.4(c), unless in each case such defaults shall have been cured before the mailing or publication of such notice (the term "default" or "defaults" for the purposes purpose of this Section 5.11 being hereby defined to mean any event or condition which is, or with notice or lapse of time or both would become, 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 or purchase fund installment on such series, the Trustee shall be protected in withholding such notice if and so long as the Board board of Directorsdirectors, 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 SecurityholdersSecurityholders of such series.

Appears in 2 contracts

Samples: Indenture (Nyc Newco Inc), Indenture (Norfolk Southern Railway Co /Va/)

Trustee to Give Notice of Default. But May Withhold in Certain Circumstances. The Trustee shall, within ninety 90 days after the occurrence of a default with respect to the Securities of any series, give notice of all defaults with respect to that series known to the Trustee (i) if any Unregistered Securities of that series are then Outstanding, to the Holders thereof, 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 3.73.6, at least once in an Authorized Newspaper in Luxembourg) and (ii) to all Holders of Securities of such affected series in the manner and to the extent provided in Section 4.4(c)313(c) of the Trust Indenture Act of 1939, unless in each case such defaults shall have been cured before the mailing or publication of such notice (the term "default" or "defaults" for the purposes purpose of this Section 5.11 being hereby defined to mean any event or condition which is, or with notice or lapse of time or both would become, 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 or purchase fund installment on such series, the Trustee shall be protected in withholding such notice if and so long as the Board board of Directorsdirectors, 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 SecurityholdersSecurityholders of such series.

Appears in 2 contracts

Samples: Subordinated Indenture (Source One Mortgage Services Corp), Subordinated Indenture (Source One Mortgage Services Corp)

Trustee to Give Notice of Default. But May Withhold in Certain Circumstances. The Trustee shall, within ninety days after the occurrence of a default with respect to the Securities of any series, give notice of all defaults with respect to that series known to the Trustee (ia) if any Unregistered Securities of that series are then Outstanding, to the Holders thereof, 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 3.73.06, at least once in an Authorized Newspaper in Luxembourg) and (iib) by mail to all Holders of Registered Securities of such affected series in the manner and to such other Holders of Securities as have, within two years preceding such transmission, filed their names and addresses with the extent provided in Section 4.4(c)Trustee for that purpose, unless in each case such defaults shall have been cured before the mailing or publication of such notice (the term "default" or "defaultsDEFAULTS" for the purposes purpose of this Section 5.11 being hereby defined to 41 mean any event or condition which is, or with notice or lapse of time or both would become, 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 or purchase fund installment instalment on such series, the Trustee shall be protected in withholding such notice if and so long as the Board board of Directorsdirectors, 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 SecurityholdersSecurityholders of such series.

Appears in 2 contracts

Samples: Junior Subordinated Indenture (Morgan Stanley Capital Trust XI), Junior Subordinated Indenture (Morgan Stanley Dean Witter & Co)

Trustee to Give Notice of Default. But May Withhold in Certain Circumstances. The Trustee shall, within ninety days after the occurrence of a default with respect to the Securities of any series, give notice of all defaults with respect to that series known to the Trustee (i) if any Unregistered Securities of that series are then Outstanding, to the Holders thereof, 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 3.73.9, at least once in an Authorized Newspaper in Luxembourg) and (ii) to all Holders of Securities of such affected series in the manner and to the extent provided in Section 4.4(c)313(c) of the Trust Indenture Act of 1939, unless in each case such defaults shall have been cured before the mailing or publication of such notice (the term "default" or "defaults" for the purposes purpose of this Section 5.11 being hereby defined to mean any event or condition which is, or with notice or lapse of time or both would become, 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 or purchase fund installment on such series, the Trustee shall be protected in withholding such notice if and so long as the Board board of Directorsdirectors, 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 SecurityholdersSecurityholders of such series.

Appears in 1 contract

Samples: Subordinated Indenture (Sunamerica Capital Trust Iv)

Trustee to Give Notice of Default. But May Withhold in Certain Circumstances. The Trustee shall, within ninety 90 days after the occurrence of a default with respect to the Securities of any series, give notice of all defaults with respect to that series known to the Trustee (i) if any Unregistered Securities of that series are then Outstanding, to the Holders thereof, 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 3.73.6, at least once in an Authorized Newspaper in Luxembourg) and (ii) to all Holders of Securities of such affected series in the manner and to the extent provided in Section 4.4(c)313(c) of the Trust Indenture Act of 1989, unless in each case such defaults shall have been cured before the mailing or publication of such notice (the term "default" or "defaults" for the purposes purpose of this Section 5.11 being hereby defined to mean any event or condition which is, or with notice or lapse of time or both would become, 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 or purchase fund installment on such series, the Trustee shall be protected in withholding such notice if and so long as the Board board of Directorsdirectors, 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 SecurityholdersSecurityholders of such series.

Appears in 1 contract

Samples: Subordinated Indenture (Williams Holdings of Delaware Inc)

Trustee to Give Notice of Default. But May Withhold in Certain Circumstances. The Trustee shall, within ninety 90 days after the occurrence of a default with respect to the Securities of any series, give notice of all defaults with respect to that series known to the Trustee (i) if any Unregistered Securities of that series are then Outstanding, to the Holders thereof, 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 3.7, at least once in an Authorized Newspaper in Luxembourg) and (ii) to all Holders of Securities of such affected series in the manner and to the extent provided in Section 4.4(c)313(c) of Trust Indenture Act of 1939, unless in each case such defaults shall have been cured before the mailing or publication of such notice (the term "default" or "defaults" for the purposes purpose of this Section 5.11 being hereby defined to mean any event or condition which is, or with notice or lapse of time or both would become, 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 or purchase fund installment instalment on such series, the Trustee shall be protected in withholding such notice if and so long as the Board board of Directorsdirectors, 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.faith

Appears in 1 contract

Samples: Senior Indenture (Williams Holdings of Delaware Inc)

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Trustee to Give Notice of Default. But May Withhold in Certain Circumstances. The Trustee shall, within ninety days after the occurrence of a default with respect to the Securities of any series, give notice of all defaults with respect to that series known to the Trustee (i) if any Unregistered Securities of that series are then Outstanding, to the Holders thereof, 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 3.73.6, at least once in an Authorized Newspaper in Luxembourg) and (ii) to all Holders of Securities of such affected series in the manner and to the extent provided in Section 4.4(c), unless in each case such defaults shall have been cured before the mailing or publication of such notice (the term "default" or "defaults" for the purposes purpose of this Section 5.11 being hereby defined to mean any event or condition which is, or with notice or lapse of time or both would become, 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 or purchase fund installment on such series, the Trustee shall be protected in withholding such notice if and so long as the Board board of Directorsdirectors, 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 SecurityholdersSecurityholders of such series.

Appears in 1 contract

Samples: Senior Indenture (Freeport McMoran Resource Partners Limited Partnership)

Trustee to Give Notice of Default. But May Withhold in Certain Circumstances. The Trustee shall, within ninety days after the occurrence of a default with respect to the Securities of any series, give notice of all defaults with respect to that series known to the Trustee (i) if any Unregistered Securities of that series are then Outstanding, to the Holders thereof, 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 3.73.6, at least once in an Authorized Newspaper in Luxembourg) and (ii) to all Holders of Securities of such affected series in the manner and to the extent provided in Section 4.4(c)313(c) of the Trust Indenture Act of 1939, unless in each case such defaults shall have been cured before the mailing or publication of such notice (the term "default" or "defaults" for the purposes purpose of this Section 5.11 being hereby defined to mean any event or condition which that is, or with notice or lapse of time or both would become, 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 or purchase fund installment on such series, the Trustee shall be protected in withholding such notice if and so long as the Board board of Directorsdirectors, 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 SecurityholdersSecurityholders of such series.

Appears in 1 contract

Samples: Prepaid Security Indenture (Sunamerica Inc)

Trustee to Give Notice of Default. But May Withhold in Certain Circumstances. The Trustee shall, within ninety 90 days after the occurrence of a default with respect to the Securities of any series, give notice of all defaults with respect to that series known to the Trustee (i) if any Unregistered Securities of that series are then Outstanding, to the Holders thereof, 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 3.7, at least once in an Authorized Newspaper in Luxembourg) and (ii) to all Holders of Securities of such affected series in the manner and to the extent provided in Section 4.4(c)313(c) of the Trust Indenture Act of 1939, unless in each case such defaults shall have been cured before the mailing or publication of such notice (the term "default" or "defaults" for the purposes purpose of this Section 5.11 being hereby defined to mean any event or condition which is, or with notice or lapse of time or both would become, 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 or purchase fund installment instalment on such series, the Trustee shall be protected in withholding such notice if and so long as the Board board of Directorsdirectors, 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 SecurityholdersSecurityholders of such series.

Appears in 1 contract

Samples: Indenture (Illinova Corp)

Trustee to Give Notice of Default. But but May Withhold in Certain Circumstances. The Trustee shall, within ninety days after the occurrence of a default with respect to the Securities of any series, give notice of all defaults with respect to that series known to the Trustee (i1) if any Unregistered Securities of that series are then Outstanding, to the Holders thereof, 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 3.73.10, at least once in an Authorized Newspaper in Luxembourg) and (ii2) to all Holders of Securities of such affected series in the manner and to the extent provided in Section 4.4(c)313(c) of the Trust Indenture Act of 1939, unless in each case such defaults shall have been cured before the mailing or publication of such notice (the term "default" or "defaults" for the purposes purpose of this Section 5.11 being hereby defined to mean any event or condition which is, or with notice or lapse of time or both would become, 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, or in the payment of any sinking or purchase fund installment on such series, the Trustee shall be protected in withholding such notice if and so long as the Board board of Directorsdirectors, 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 SecurityholdersSecurityholders of such series.

Appears in 1 contract

Samples: Senior Indenture (Nationwide Financial Services Inc/)

Trustee to Give Notice of Default. But May Withhold in Certain Circumstances. The Trustee shall, within ninety days after the occurrence of a default with respect to the Securities of any series, give notice of all defaults with respect to that series known to the Trustee (ia) if any Unregistered Securities of that series are then Outstanding, to the Holders thereof, 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 3.73.06, at least once in an Authorized Newspaper in Luxembourg) and (iib) by mail to all Holders of Registered Securities of such affected series in the manner and to such other Holders of Securities as have, within two years preceding such transmission, filed their names and addresses with the extent provided in Section 4.4(c)Trustee for that purpose, unless in each case such defaults shall have been cured before the mailing or publication of such notice (the term "default" or "defaultsDEFAULTS" for the purposes purpose of this Section 5.11 being hereby defined to mean any event or condition which is, or with notice or lapse of time or both would become, 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 or purchase fund installment on such series, the Trustee shall be protected in withholding such notice if and so long as the Board board of Directorsdirectors, 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 SecurityholdersSecurityholders of such series.

Appears in 1 contract

Samples: Junior Subordinated Indenture (Pxre Capital Trust Iv)

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