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 transmit to the Noteholders, as the names and addresses of such Holders appear on the Note register, notice by mail of all Defaults which have occurred, such notice to be transmitted within 90 days after the occurrence thereof, unless such defaults shall have been cured before the giving of such notice; provided that, except in the case of Default in the payment of the principal of, interest on, or other similar obligation with respect to, any of the Notes, 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 best interests of the Noteholders.

Appears in 3 contracts

Samples: Indenture (Profit Recovery Group International Inc), Indenture (Regeneron Pharmaceuticals Inc), Indenture (Province Healthcare Co)

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Trustee to Give Notice of Default. But May Withhold in Certain Circumstances. The Trustee shall transmit to the NoteholdersSecurityholders, as the names and addresses of such Holders appear on the Note Security register, notice by mail of all Defaults which have occurred, such notice to be transmitted within 90 days after the occurrence thereof, unless such defaults shall have been cured before the giving of such noticesuch; provided that, except in the case of Default in the payment of the principal of, interest on, or other similar obligation with respect to, any of the NotesSecurities, 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 best interests of the NoteholdersSecurityholders.

Appears in 3 contracts

Samples: Indenture (Omnicom Capital Inc), Indenture (Omnicom Group Inc), Indenture (Universal Health Services Inc)

Trustee to Give Notice of Default. But May Withhold in ------------------------------------------------------ Certain Circumstances. The Trustee shall transmit to the Noteholders, as the --------------------- names and addresses of such Holders appear on the Note register, notice by mail of all Defaults which have occurred, such notice to be transmitted within 90 days after the occurrence thereof, unless such defaults shall have been cured before the giving of such notice; provided that, except in the case of Default in the payment of the principal of, interest on, or other similar obligation with respect to, any of the Notes, 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 best interests of the Noteholders.

Appears in 2 contracts

Samples: Indenture (Resmed Inc), Indenture (Asyst Technologies Inc /Ca/)

Trustee to Give Notice of Default. But May Withhold in Certain Circumstances. The Trustee shall transmit to the NoteholdersSecurityholders, as the names and addresses of such Holders appear on the Note registerregistry books, notice by mail of all Defaults which have occurredactually known to a Responsible Officer of the Trustee, such notice to be transmitted within 90 days after the occurrence thereof, unless such defaults Defaults shall have been cured before the giving of such notice; provided that, except in the case of Default in the payment of the principal of, of or interest on, or other similar obligation with respect to, on any of the NotesSecurities, 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 best interests of the NoteholdersSecurityholders.

Appears in 2 contracts

Samples: Indenture (American Biltrite Inc), Indenture (Congoleum Corp)

Trustee to Give Notice of Default. But but May Withhold in Certain Circumstances. The Trustee shall transmit to the NoteholdersSecurityholders, as the names and addresses of such Holders appear on the Note Security register, notice by mail of all Defaults which have occurred, such notice to be transmitted within 90 days after the occurrence thereof, unless such defaults shall have been cured before the giving of such noticesuch; provided that, except in the case of Default in the payment of the principal of, interest on, or other similar obligation with respect to, any of the NotesSecurities, 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 best interests of the NoteholdersSecurityholders.

Appears in 2 contracts

Samples: Indenture (Health Management Associates Inc), Indenture (Health Management Associates Inc)

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Trustee to Give Notice of Default. But but May Withhold in Certain Circumstances. The Trustee shall transmit to the Noteholders, as the names and addresses of such Holders appear on the Note registerRegister, notice by mail of all Defaults which have occurred, such notice to be transmitted within 90 days after the occurrence thereof, unless such defaults shall have been cured before the giving of such notice; provided that, except in the case of Default in the payment of the principal of, interest onpremium, if any, or other similar obligation with respect tointerest (including Liquidated Damages, if any) on any of the NotesNotes when due or in the payment of any redemption or repurchase obligation, 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 best interests of the Noteholders.

Appears in 1 contract

Samples: Indenture (Freeport McMoran Copper & Gold Inc)

Trustee to Give Notice of Default. But but May Withhold in Certain Circumstances. The Trustee shall transmit to the Noteholders, as the names and addresses of such Holders appear on the Note registerRegister, notice by mail of all Defaults which have occurred, such notice to be transmitted within 90 ninety (90) days after the occurrence thereof, unless such defaults shall have been cured before the giving of such notice; provided that, except in the case of Default in the payment of the principal of, interest onpremium, if any, or other similar obligation with respect tointerest (including Liquidated Damages, if any) on any of the NotesNotes when due or in the payment of any repurchase obligation, 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 best interests of the Noteholders.

Appears in 1 contract

Samples: Indenture (Wabash National Corp /De)

Trustee to Give Notice of Default. But May Withhold --------------------------------------------------- in Certain Circumstances. Circumstances ------------------------ The Trustee shall transmit to the Noteholders, as the names and addresses of such Holders appear on the Note register, notice by mail of all Defaults which have occurred, such notice to be transmitted within 90 days after the occurrence thereof, unless such defaults Defaults shall have been cured before the giving of such notice; provided that, except in the case of Default in the payment of the principal of, interest on, or other similar obligation with respect to, any of the Notes, 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 best interests of the Noteholders.

Appears in 1 contract

Samples: Indenture (Ohio Casualty Corp)

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