Trustee to Give Notice of Defaults. Known to It, but May Withhold Such Notice in Certain Circumstances. The Trustee shall, within 90 days after the occurrence of a Default known to it with respect to a series of Debt Securities give to the Holders thereof, in the manner provided in Section 13.03, notice of all Defaults with respect to such series known to the Trustee, unless such Defaults shall have been cured or waived before the giving of such notice; provided that, except in the case of Default in the payment of the principal of, or premium, if any, or interest on, any of the Debt Securities of such series or in the making of any sinking fund payment with respect to the Debt 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 committee of directors or responsible officers of the Trustee in good faith determine that the withholding of such notice is in the interests of the Holders thereof.
Trustee to Give Notice of Defaults. Known To It, But May Withhold in Certain Circumstances. The Trustee shall, within 90 days after the occurrence of a default with respect to a particular series, transmit by mail, first class postage prepaid, to the holders of Debentures of that series, as their names and addresses appear upon the Debenture Register, notice of all defaults with respect to that series known to the Trustee, unless such defaults shall have been cured before the giving of such notice (the term "defaults" for the purposes of this Section being hereby defined to be the events specified in subsections (1), (2), (3), (4) and (5) of Section 6.01(a), not including any periods of grace provided for therein and irrespective of the giving of notice provided for by subsection (3) of Section 6.01(a)); provided, that, except in the case of default in the payment of the principal of (or premium, if any) or interest on any of the Debentures of that series or in the payment of any sinking fund installment established with respect to that 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 and/or Responsible Officers, of the Trustee in good faith determine that the withholding of such notice is in the interests of the holders of Debentures of that series; provided further, that in the case of any default of the character specified in Section 6.01(a)(3) with respect to Debentures of such series no such notice to the holders of the Debentures of that series shall be given until at least 30 days after the occurrence thereof. The Trustee shall not be deemed to have knowledge of any default, except (i) a default under subsection (a)(1) or (a)(2) of Section 6.01 as long as the Trustee is acting as paying agent for such series of Debentures or (ii) any default as to which the Trustee shall have received written notice or a Responsible Officer charged with the administration of this Indenture shall have obtained written notice.
Trustee to Give Notice of Defaults. Known to It, But May Withhold in Certain Circumstances. The Trustee shall, within 90 days after the occurrence of any default hereunder with respect to the Securities of any Series, give to the Holders of the Securities of such Series in the manner and to the extent provided in subsection (c) of Section 5.04 with respect to reports pursuant to subsection (a) of said Section 5.04, notice of such default known to the Trustee unless such default shall have been cured, remedied or waived before the giving of such notice (the term "default" for the purposes of this Section 6.10 being hereby defined to be the events specified in Section 6.01 and any additional events specified in the terms of any Series of Securities pursuant to Section 2.01 not including any periods of grace provided for therein, and irrespective of the giving of written notice specified in clause (d) of Section 6.01 and in any such terms); 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 and/or Responsible Officers of the Trustee in good faith determines that the withholding of such notice is in the interest of the Holders of the Securities of such Series.
Trustee to Give Notice of Defaults. Known to It, but May Withhold Such Notice in Certain Circumstances..................................................54
Trustee to Give Notice of Defaults. Known to It, but May Withhold in Certain Circumstances. The Trustee shall, within 90 days after the occurrence of a default with respect to the Securities of any series, give to the Securityholders of such series, in the manner and to the extent required to do so by the Trust Indenture Act, notice of all defaults actually known to a Responsible Officer of the Trustee, unless such defaults shall have been
6.01 no such notice shall be given until at least sixty (60) days after the occurrence thereof; and provided further, that, except in the case of default in the payment of the principal of or premium, if any, 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 and/or Responsible Officers of the Trustee in good faith determine that the withholding of such notice is in the interests of the Securityholders of such series.
Trustee to Give Notice of Defaults. Known to it, but May ------------------------------------------------------- Withhold in Certain Circumstances. 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 (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 4.09, at least once in an Authorized Newspaper in Luxembourg) and (ii) 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, unless in each case such defaults shall have been cured before the mailing or publication of such notice (the term "default" 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 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.
Trustee to Give Notice of Defaults. Subject to section 10.1, the Trustee shall give to the Registered Holders of Notes in the manner provided in section 2.16, within 10 days after the Trustee becomes aware of any default on the part of the Corporation in the performance of any covenant or condition herein or of the occurrence of any Event of Default, notice of every such default or Event of Default, as the case may be, unless the Trustee reasonably believes that it is in the best interests of the Registered Noteholders to withhold such notice and so informs the Corporation in writing. Where notice of a default or Event of Default has been given and the default or Event of Default is cured, notice that the default or Event of Default is no longer continuing shall be given by the Trustee to the holders of the applicable series or tranche of Notes within five Business Days after the Trustee becomes aware that the default or Event of Default has been cured.
Trustee to Give Notice of Defaults. Known to It, but May ------------------------------------------------------- Withhold Such Notice in Certain Circumstances. The Trustee shall, within 90 ---------------------------------------------- days after the occurrence of a Default known to it with respect to a series of Debt Securities give to the Holders thereof, in the manner provided in Section 13.03, notice of all Defaults with respect to such series known to the Trustee, unless such Defaults shall have been cured or waived before the giving of such notice; provided that, except in the case of Default in the payment of the -------- principal of, or premium, if any, or interest on, any of the Debt Securities of such series or in the making of any sinking fund payment with respect to the Debt 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 committee of directors or responsible officers of the Trustee in good faith determine that the withholding of such notice is in the interests of the Holders thereof.
Trustee to Give Notice of Defaults. Known to It, But May Withhold in Certain Circumstances 23 SECTION 5.08 Requirement of an Undertaking to Pay Costs in Certain Suits Under this Indenture or Against the Trustee 23 ARTICLE SIX CONCERNING THE TRUSTEE
SECTION 6.01. Duties and Responsibilities of Trustee 23 SECTION 6.02. Reliance on Documents, Opinions, etc. 25 SECTION 6.03. No Responsibility for Recitals, etc. 26 SECTION 6.04. Trustee, Paying Agent or Security Registrar May Own Securities 26 SECTION 6.05. Moneys Received by Trustee to be Held in Trust Without Interest 26 SECTION 6.06. Compensation and Expenses of Trustee 26 SECTION 6.07. Right of Trustee to Rely on Officers' Certificate Where No Other Evidence Specifically Prescribed 27 SECTION 6.08. Conflicting Interest of Trustee 27 SECTION 6.09. Requirements for Eligibility of Trustee 27 SECTION 6.10. Resignation or Removal of Trustee 28 SECTION 6.11. Acceptance by Successor to Trustee; Notice of Succession of a Trustee 29 SECTION 6.12. Successor to Trustee by Merger, Consolidation or Succession to Business 30 SECTION 6.13. Limitations on Rights of Trustee as a Creditor 30 ARTICLE SEVEN CONCERNING THE SECURITYHOLDERS SECTION 7.01. Evidence of Action by Securityholders 30 SECTION 7.02. Proof of Execution of Instruments and of Holding of Securities 31 SECTION 7.03. Who May be Deemed Owners of Securities 31 SECTION 7.04. Securities Owned by Company or Controlled or Controlling Persons Disregarded for Certain Purposes 31 SECTION 7.05. Record Date for Action by Securityholders 32 SECTION 7.06. Instruments Executed by Securityholders Bind Future Holders 32 ARTICLE EIGHT SECURITYHOLDERS' MEETINGS
SECTION 8.01. Purposes for Which Meetings May be Called 33 SECTION 8.02. Manner of Calling Meetings; Record Date 33 SECTION 8.03. Call of Meeting by Company or Securityholders 34 SECTION 8.04. Who May Attend and Vote at Meetings 34 SECTION 8.05. Regulations 34 SECTION 8.06. Manner of Voting at Meetings and Record to be Kept 35 SECTION 8.07. Exercise of Rights of Trustee and Securityholders Not to be Hindered or Delayed 35
Trustee to Give Notice of Defaults. Known to It, but May Withhold Such Notice in Certain Circumstances 49 Section 6.08. Requirement of an Undertaking to Pay Costs in Certain Suits under the Indenture or Against the Trustee 50
