Common use of Trustee to Give Notice of Defaults 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 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 to It, But May ------------------------------------------------------- Withhold in 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 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)SECTION 6.01 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 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, 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 the Trustee shall have received written notice or a Responsible Officer charged with the administration of this Indenture shall have obtained 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 to It, But but May Withhold in Certain Circumstances. The U.S. Trustee shall, within 90 days after the occurrence of any default or Event of Default of which a default Responsible Officer has received written notice (except with respect to a particular default in the payment of principal or interest on any Securities, whereby the U.S. Trustee gives notice upon its actual knowledge of such default) hereunder with respect to 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 known to such default of which a Responsible Officer of the TrusteeU.S. Trustee has received written notice, 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 means any event which is, or after notice or lapse of time or both would become, an Event of Default with respect to be the events specified in subsections (1), (2), (3), (4) and (5) Securities 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)such series); provided, however, that, except in the case of a default in the payment of the principal of (or premium, if any) or interest on any Security of the Debentures of that such series or in the payment of any sinking fund installment established with respect to that any Security of such series, the U.S. 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 or Responsible Officers, Officers of the U.S. Trustee in good faith determine that the withholding of such notice is in the interests interest of the holders Holders of Debentures Securities of that such series; provided and provided, further, that that, in the case of any default of the character specified in Section 6.01(a)(3) with respect to Debentures of such series 6.1(c), no such notice to the holders of the Debentures of that series Holders shall be given until at least 30 90 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 knowledge of 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), (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 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 to It, But 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 the Trustee shall have received written notice or a Responsible Officer charged with the administration of this Indenture shall have obtained written noticeseries.

Trustee to Give Notice of Defaults. Known To Itto it, But 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 "defaultsdefault" 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 the Trustee shall have received written notice or a Responsible Officer charged with the administration of this Indenture shall have obtained 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 cured, remedied or waived 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, 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, default except (i) a default under subsection (a)(1a)(l) 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 ItKNOWN TO IT, But May Withhold in Certain CircumstancesBUT 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 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), (2d), (3), (4e) and (5f) of Section 6.01(a)6.01 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 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, 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 the Trustee shall have received written notice or a Responsible Officer charged with the administration of this Indenture shall have obtained written noticeseries.

Trustee to Give Notice of Defaults. Known To to It, But but May ------------------------------------------------------- Withhold Such Notice in Certain Circumstances. The Trustee shall, within 90 --------------------------------------------- days after the occurrence of a default Default known to it with respect to a particular seriesseries of Debt Securities or Coupons, transmit by mailif any, first class postage prepaid, give to the holders of Debentures of that seriesHolders thereof, as their names and addresses appear upon in the Debenture Registermanner provided in Section 13.03, notice of all defaults Defaults with respect to that such series known to the Trustee, unless such defaults Defaults shall have been cured or waived 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))notice; provided, that, except in the case of default Default in the payment of the principal of (of, or premium, if any) , or interest on on, any of the Debentures Debt Securities or Coupons of that such series or in the payment making of any sinking fund installment established payment with respect to that 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, committee or a trust committee of directors and/or Responsible Officers, 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; Holders thereof and provided furtherfurther that, that in the case of any default of the character specified Default as described in Section 6.01(a)(36.01(d) with respect to Debentures Debt Securities of such series series, no such notice to the holders Holders of the Debentures Debt securities of that such series shall be given until at least 30 days the 90th day after the occurrence thereofdate of the notice specified in such Section shall have been given. The Except with respect to a Default or an Event of Default pursuant to Section 6.01(a), (b) or (c), the Trustee shall will not be deemed to have charged with knowledge of any default, except (i) a default under subsection (a)(1) Default or (a)(2) Event 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 Default unless written notice thereof shall have received written been given to a responsible officer by the Company or any Holder and such notice references the Debt Securities generally, the Company or a Responsible Officer charged with the administration of this Indenture shall have obtained written noticeIndenture.

Trustee to Give Notice of Defaults. Known To to It, But but May ------------------------------------------------------- Withhold Such Notice in Certain Circumstances. The Trustee shall, within 90 ---------------------------------------------- days after the occurrence of a default Default known to it with respect to a particular seriesseries of Debt Securities or Coupons, transmit by mailif any, first class postage prepaid, give to the holders of Debentures of that seriesHolders thereof, as their names and addresses appear upon in the Debenture Registermanner provided in Section 12.03, notice of all defaults Defaults with respect to that such series known to the Trustee, unless such defaults Defaults shall have been cured or waived 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))notice; provided, that, except in the case of default Default -------- in the payment of the principal of (of, or premium, if any) , or interest on on, any of the Debentures Debt Securities or Coupons of that such series or in the payment making of any sinking fund installment established payment with respect to that 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, committee or a trust committee of directors and/or Responsible Officers, 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; Holders thereof and provided furtherfurther that, that in the case of any default of the character specified Default as described in Section 6.01(a)(36.01(d) with respect to Debentures Debt Securities of such series series, no such notice to the holders Holders of the Debentures Debt securities of that such series shall be given until at least 30 days the 90th day after the occurrence thereofdate of the notice specified in such Section shall have been given. The Except with respect to a Default or an Event of Default pursuant to Section 6.01(a), (b) or (c), the Trustee shall will not be deemed to have charged with knowledge of any default, except (i) a default under subsection (a)(1) Default or (a)(2) Event 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 Default unless written notice thereof shall have received written been given to a responsible officer by the Company or any Holder and such notice references the Debt Securities generally, the Company or a Responsible Officer charged with the administration of this Indenture shall have obtained written noticeIndenture.