Trustee to Give Notice of Default. (a) The Trustee shall, within 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 to all holders of Securities of such series in the manner and to the extent provided in Section 313(c) of the Trust Indenture Act of 1939, unless in each case such defaults shall have been cured before the mailing 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, an Event of Default); provided that, except in the case of a default in the payment of the principal of, premium, if any, or interest on ay 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 Trustee in good faith shall, by a Responsible Officer or Officers of the Trustee, determine that withholding of such notice is in the interests of the Securityholders of such series. (b) The Trustee shall not be deemed to have knowledge of any default except: (1) a default under Section 6.01(a)(1) or 6.01(a)(2), provided that the Trustee is also the Paying Agent; or (2) any default as to which the Trustee shall have received written notice of or which Responsible Officer charged with the administration of this Indenture shall have actual knowledge.
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Samples: Indenture (American Equity Investment Life Holding Co), Indenture (American Equity Investment Life Holding Co), Indenture (American Equity Investment Life Holding Co)
Trustee to Give Notice of Default. (a) But May Withhold in ------------------------------------------------------ Certain Circumstances. The Trustee shall, within 90 days after the occurrence of a default with respect shall transmit to the Securities Securityholders of any series, give --------------------- Series notice of all defaults with respect to that series known to the Trustee to all holders of Securities of such series in the manner and to the extent provided in Section 313(c) 11.4, of all defaults which have occurred with respect to such Series, such notice to be transmitted within 90 days after the Trust Indenture Act of 1939occurrence thereof, unless in each case such defaults shall have been cured before the mailing 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, an Event of Default); provided that, except in the case of a default in the payment of the principal of, premium, if any, of or interest on ay any of the Securities of such series, Series or any default in the payment of any sinking fund installment on or analogous obligation in respect of any of the Securities of such seriesSeries, 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 or Responsible Officers of the Trustee in good faith shall, by a Responsible Officer or Officers of determines that the Trustee, determine that withholding of such notice is in the interests of the Securityholders of such seriesSeries.
(b) The Trustee shall not be deemed to have knowledge of any default except:
(1) a default under Section 6.01(a)(1) or 6.01(a)(2), provided that the Trustee is also the Paying Agent; or
(2) any default as to which the Trustee shall have received written notice of or which Responsible Officer charged with the administration of this Indenture shall have actual knowledge.
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Samples: Indenture (Dow Chemical Co /De/)