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 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 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 default with respect to a particular the Subordinated Securities of any 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, give notice of all defaults with respect to that series known to the TrusteeTrustee (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 giving mailing or publication of such notice (the term "defaults" “default” for the purposes purpose of this Section being hereby defined to be the events specified in subsections (1)mean any event or condition which is, (2)or with notice or lapse of time or both would become, (3), (4) and (5) an Event 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)Default); 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 Subordinated Securities of that series such series, or in the payment of any sinking fund installment established with respect to that 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, Officers of the Trustee in good faith determine determines 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 Subordinated Securityholders 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 a Responsible Officer of the Trustee shall have received written noticeseries.

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 a particular seriesthe Securities of any Series, transmit by mail, first class postage prepaid, give to the holders Holders of Debentures the Securities of that series, as their names such Series in the manner and addresses appear upon to the Debenture Registerextent provided in subsection (c) of Section 5.4 with respect to reports pursuant to subsection (a) of said Section 5.4, notice of all defaults with respect to that series such default known to the Trustee, Trustee unless such defaults default shall have been cured cured, remedied or waived before the giving of such notice (the term "defaultsdefault" for the purposes of this Section 6.10 being hereby defined to be the events specified in subsections (1), (2), (3), (4) Section 6.1 and (5) any additional events specified in the terms of any Series of Securities pursuant to Section 6.01(a), 2.1 not including any periods of grace provided for therein therein, and irrespective of the giving of written notice provided for by subsection specified in clause (3d) of Section 6.01(a)6.1 and in any such terms); provided, that, 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 Securities of that series or in the payment of any sinking fund installment established with respect to that seriessuch 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, Officers of the Trustee in good faith determine determines that the withholding of such notice is in the interests interest of the holders of Debentures of that series; provided further, that in the case of any default Holders of the character specified in Section 6.01(a)(3) with respect to Debentures Securities 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 a Responsible Officer of the Trustee shall have received written noticeSeries.

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 the Securities of any series, transmit by mail, first class postage prepaid, give to the holders Securityholders of Debentures of that such series, as their names in the manner and addresses appear upon to the Debenture Registerextent provided in Section 5.04 (c) with respect to reports pursuant to Section 5.04 (a), notice of all defaults with respect to that series known to the Trustee, unless such defaults shall have been been 2.15.1 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 Sections 6.01 (1a), (2b), (3c), (4d), (e), (f) and (5g) with respect to Securities of Section 6.01(a), such series not including any periods of grace grace, if any, provided for therein and irrespective of the giving of the written notice provided for by subsection specified in subparagraph (3c) of Section 6.01(a)6.01); provided, however, that in case of any default of the character specified in subparagraph (c) of Section 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 Debentures Securities of that series or in the payment of any sinking fund installment established with respect to that 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, 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 Securityholders 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 a Responsible Officer of the Trustee shall have received written noticeseries.

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 a particular the Securities of any series, transmit by mail, first class postage prepaid, give to the holders of Debentures the Securities of that series, as their names such series in the manner and addresses appear upon to the Debenture Registerextent provided in subsection (c) of Section 5.4 with respect to reports pursuant to subsection (a) of said Section 5.4, notice of all defaults with respect to that series such default actually known to the Trustee, Trustee unless such defaults default shall have been cured cured, remedied or waived before the giving of such notice (the term "defaults" “default” for the purposes of this Section being hereby defined to be the events specified in subsections clauses (1c), (2), (3), (4d) and (5e) of Section 6.01(a)6.1 and default in the payment of the principal of or interest on Securities of any series, not including any periods of grace provided for therein therein, and irrespective of the giving of written notice provided for by subsection (3) of Section 6.01(a)specified therein); provided, however, 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 Securities of that series or in the payment of any sinking fund installment established with respect to that 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 and/or Responsible Officers, Officers of the Trustee in good faith determine determines that the withholding of such notice is in the interests interest 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 Securities 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 a Responsible Officer of the Trustee shall have received written noticeseries.

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 a particular the Securities of any series, transmit by mail, first class postage prepaid, give to the holders of Debentures the Securities of that series, as their names such series in the manner and addresses appear upon to the Debenture Registerextent provided in subsection (c) of Section 5.04 with respect to reports pursuant to subsection (a) of said Section 5.04, notice of all defaults with respect to that series such default known to the Trustee, Trustee unless such defaults default shall have been cured cured, remedied or waived before the giving of such notice (the term "defaultsdefault" for the purposes of this Section being hereby defined to be the events specified in subsections clauses (1c), (2), (3), (4d) and (5e) of Section 6.01(a)6.01, default in the payment of the principal of or interest on Securities of any series, 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 therein, and irrespective of the giving of written notice specified in any such terms, and irrespective of the delivery of any Officers' Certificate provided for by subsection (3) of Section 6.01(a)in any such terms); 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 Securities of that series or in the payment of any sinking fund installment established with respect to that 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 and/or Responsible Officers, Officers of the Trustee in good faith determine determines that the withholding of such notice is in the interests interest 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 Securities 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 a Responsible Officer of the Trustee shall have received written noticeseries.

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 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 Defaults with respect to that series known to the Trustee, unless such defaults Defaults shall have been cured before the giving of such notice (the term "defaultsDefaults" for the purposes of this Section being hereby defined to be the events specified in subsections (1), (2), (3), (4), (5) and (56) 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, provided that, except in the case of default in the payment of the principal of (or premiumof, if any) any premium or interest on or any Additional Amounts with respect to 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 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 defaultDefault, except (i) a default Default under subsection (a)(1) or (a)(2) of Section 6.01 (other than a Default in the payment of any Additional Amounts with respect to Debentures of such series) 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.is

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 a particular the Securities of any series, transmit by mail, first class postage prepaid, give to the holders of Debentures the Securities of that series, as their names such series in the manner and addresses appear upon to the Debenture Registerextent provided in subsection (c) of Section 5.4 with respect to reports pursuant to subsection (a) of said Section 5.4, notice of all defaults with respect to that series such default actually known to the Trustee, Trustee unless such defaults default shall have been cured cured, remedied or waived before the giving of such notice (the term "defaultsdefault" for the purposes of this Section being hereby defined to be the events specified in subsections clauses (1c), (2), (3), (4d) and (5e) of Section 6.01(a)6.1 and default in the payment of the principal of or interest on Securities of any series, not including any periods of grace provided for therein therein, and irrespective of the giving of written notice provided for by subsection (3) of Section 6.01(a)specified therein); provided, however, 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 Securities of that series or in the payment of any sinking fund installment established with respect to that 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 and/or Responsible Officers, Officers of the Trustee in good faith determine determines that the withholding of such notice is in the interests interest 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 Securities 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 a Responsible Officer of the Trustee shall have received written noticeseries.

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 the Securities of any 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, give notice of all defaults with respect to that series known to the TrusteeTrustee (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 giving mailing or publication of such notice (the term "defaults" “default” for the purposes purpose of this Section being hereby defined to be the events specified in subsections (1)mean any event or condition which is, (2)or with notice or lapse of time or both would become, (3), (4) and (5) an Event 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)Default); 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 Securities of that series such series, or in the payment of any sinking fund installment established with respect to that 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, Officers of the Trustee in good faith determine determines 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 Securityholders 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 a Responsible Officer of the Trustee shall have received written noticeseries.

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 a Responsible Officer of 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 a any default hereunder with respect to a particular seriesthe Securities of any Series, transmit by mail, first class postage prepaid, give to the holders Holders of Debentures the Securities of that series, as their names such Series in the manner and addresses appear upon to the Debenture Registerextent provided in subsection (c) of Section 5.04 with respect to reports pursuant to subsection (a) of said Section 5.04, notice of all defaults with respect to that series such default known to the Trustee, Trustee unless such defaults default shall have been cured cured, remedied or waived before the giving of such notice (the term "defaultsdefault" for the purposes of this Section 6.10 being hereby defined to be the events specified in subsections (1), (2), (3), (4) Section 6.01 and (5) any additional events specified in the terms of any Series of Securities pursuant to Section 6.01(a), 2.01 not including any periods of grace provided for therein therein, and irrespective of the giving of written notice provided for by subsection specified in clause (3d) of Section 6.01(a)6.01 and in any such terms); provided, that, 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 Securities of that series or in the payment of any sinking fund installment established with respect to that seriessuch 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, Officers of the Trustee in good faith determine determines that the withholding of such notice is in the interests interest of the holders of Debentures of that series; provided further, that in the case of any default Holders of the character specified in Section 6.01(a)(3) with respect to Debentures Securities 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 a Responsible Officer of the Trustee shall have received written noticeSeries.