Common use of Trustee to Give Notice of Defaults Known to it, but May Withhold in Certain Circumstances Clause in Contracts

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 Known to it, but May Withhold in Certain Circumstances. The Trustee shall, within 90 days after the occurrence of a any default hereunder 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 holders 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(csubsection (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 Trust Indenture Act, Trustee unless in each case such defaults default shall have been cured cured, remedied or waived before the mailing or publication giving of such notice (the term “"default” " for the purpose purposes of this Section being hereby defined to mean be the events specified in clauses (c), (d) and (e) of Section 6.01, default in the payment of the principal of or interest on Securities of any event or condition which isseries, or with 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 or lapse specified in any such terms, and irrespective of time or both would become, an Event the delivery of Defaultany Officers' Certificate provided for 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, 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 Board of directorsDirectors, the executive committeeExecutive Committee, or a trust committee 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 interest of the Securityholders holders of the Securities 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 Subordinated Securities of any series, give notice of all defaults with respect to that series known to the Trustee (i) if any Unregistered Subordinated 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 Subordinated 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 Subordinated 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 Subordinated 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 a particular series, give 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 (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 ActTrustee, unless in each case such defaults shall have been cured before the mailing or publication giving of such notice (the term “default” "defaults" for the purpose purposes of this Section being hereby defined to mean be the events specified in subsections (1), (2), (3), (4) and (5) of Section 6.01(a), not including any event or condition which is, or with periods of grace provided for therein and irrespective of the giving of notice or lapse provided for by subsection (3) of time or both would become, an Event of DefaultSection 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 Securities Debentures of such series, that series or in the payment of any sinking fund installment on such 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 or trustees and/or Responsible Officers Officers, of the Trustee in good faith determines determine that the withholding of such notice is in the interests of the Securityholders 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 seriesseries 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 or Event of Default known to a default Responsible Officer hereunder 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 holders 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(csubsection (c) of Section 5.4 with respect to reports pursuant to subsection (a) of said Section 5.4, notice of such default actually known to the Trust Indenture Act, Trustee unless in each case such defaults default shall have been cured cured, remedied or waived before the mailing or publication giving of such notice (the term “default” for the purpose purposes of this Section being hereby defined to mean be the events specified in clauses (c), (d) and (e) of Section 6.1 and default in the payment of the principal of or interest on Securities of any event or condition which isseries, or with not including any periods of grace provided for therein, and irrespective of the giving of written notice or lapse of time or both would become, an Event of Defaultspecified therein); provided, however, 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 Board of directorsDirectors, the executive committeeExecutive Committee, or a trust committee 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 interest of the Securityholders holders of the Securities 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 any default hereunder with respect to the Securities of any seriesSeries, 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 of 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 Series in the manner and to the extent provided in Section 313(csubsection (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 Trust Indenture Act, Trustee unless in each case such defaults default shall have been cured cured, remedied or waived before the mailing or publication giving of such notice (the term “"default” " for the purpose purposes of this Section 6.10 being hereby defined to mean be the events specified in Section 6.01 and any event or condition which isadditional events specified in the terms of any Series of Securities pursuant to Section 2.01 not including any periods of grace provided for therein, or with and irrespective of the giving of written notice or lapse specified in clause (d) of time or both would become, an Event of DefaultSection 6.01 and in any such terms); provided, that, 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 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 and/or Responsible Officers of the Trustee in good faith determines that the withholding of such notice is in the interests interest of the Securityholders Holders of the Securities of such seriesSeries.

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 any default hereunder with respect to the Securities of any seriesSeries, 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 of 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 Series in the manner and to the extent provided in Section 313(csubsection (c) of Section 5.4 with respect to reports pursuant to subsection (a) of said Section 5.4, notice of such default known to the Trust Indenture Act, Trustee unless in each case such defaults default shall have been cured cured, remedied or waived before the mailing or publication giving of such notice (the term “"default” " for the purpose purposes of this Section 6.10 being hereby defined to mean be the events specified in Section 6.1 and any event or condition which isadditional events specified in the terms of any Series of Securities pursuant to Section 2.1 not including any periods of grace provided for therein, or with and irrespective of the giving of written notice or lapse specified in clause (d) of time or both would become, an Event of DefaultSection 6.1 and in any such terms); provided, that, 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 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 and/or Responsible Officers of the Trustee in good faith determines that the withholding of such notice is in the interests interest of the Securityholders Holders of the Securities of such seriesSeries.

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 a particular series, give 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 (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 ActTrustee, unless in each case such defaults shall have been cured before the mailing or publication giving of such notice (the term “default” "defaults" for the purpose purposes of this Section being hereby defined to mean be the events specified in subsections (1), (2), (3), (4) and (5) of Section 6.01(a), not including any event or condition which is, or with periods of grace provided for therein and irrespective of the giving of notice or lapse provided for by subsection (3) of time or both would become, an Event of DefaultSection 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 Securities Debentures of such series, that series or in the payment of any sinking fund installment on such 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 or trustees and/or Responsible Officers Officers, of the Trustee in good faith determines determine that the withholding of such notice is in the interests of the Securityholders 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 seriesseries 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 a Responsible Officer of the Trustee shall have received 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 a any default hereunder 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 holders 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(csubsection (c) of Section 5.4 with respect to reports pursuant to subsection (a) of said Section 5.4, notice of such default actually known to the Trust Indenture Act, Trustee unless in each case such defaults default shall have been cured cured, remedied or waived before the mailing or publication giving of such notice (the term “"default” " for the purpose purposes of this Section being hereby defined to mean be the events specified in clauses (c), (d) and (e) of Section 6.1 and default in the payment of the principal of or interest on Securities of any event or condition which isseries, or with not including any periods of grace provided for therein, and irrespective of the giving of written notice or lapse of time or both would become, an Event of Defaultspecified therein); provided, however, 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 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 interest of the Securityholders holders of the Securities of such series.