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 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.

Appears in 2 contracts

Samples: Indenture (Chevron Canada Capital Co), Chevron Canada Capital Co

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Trustee to Give Notice of Defaults. Known to Itit, But 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 Seriesseries, give to the Holders holders of the Securities of such Series 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 actually 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 clauses (c), (d), (e) and (f) of Section 6.01 and any additional events specified default in the terms payment of the principal of or interest on Securities of any Series of Securities pursuant to Section 2.01 series, not including any periods of grace provided for therein, and irrespective of the giving of written notice specified in clause (d) any such terms, and irrespective of Section 6.01 and the delivery of any Officers’ Certificate provided for in any such terms); provided, that however, that, except in the case of default in the payment of the principal of or interest on any of the Securities of such Seriesseries, 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 of the Trustee in good faith determines that the withholding of such notice is in the interest of the Holders holders of the Securities of such Seriesseries.

Appears in 1 contract

Samples: Indenture (Aon Corp)

Trustee to Give Notice of Defaults. Known to It, But but May Withhold in Certain Circumstances. The Trustee shall, within 90 days 10 Business Days after the occurrence of any default hereunder with respect to the Securities of any Seriesseries, give to the Holders holders of the Securities of such Series series in the manner and to the extent provided in subsection (c) of Section 5.04 5.4 with respect to reports pursuant to subsection (a) of said Section 5.045.4, notice of such default actually 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 clauses (c), (d) and (e) of Section 6.01 6.1 and any additional events specified default in the terms payment of the principal of or interest on Securities of any Series of Securities pursuant to Section 2.01 series, 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 termstherein); provided, that however, that, except in the case of default in the payment of the principal of or interest on any of the Securities of such Seriesseries, the Trustee shall be protected in withholding such notice if and so long as the board Board, a committee of directors, the executive committeeBoard, or a trust committee 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 holders of the Securities of such Seriesseries.

Appears in 1 contract

Samples: Dominion Resources Inc /Va/

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 a default hereunder with respect to the Securities of any Serieshereunder, give to the Holders of the Securities of such Series Securityholders, in the manner and to the extent provided in subsection (c) of Section 5.04 4.04 with respect to reports pursuant to subsection (a) of said Section 5.044.04, notice of such default defaults known to the Trustee unless such default shall have been cured, remedied cured or waived before the giving of such notice (the term "defaultdefaults" for the purposes of this Section 6.10 5.07 being hereby defined to be the events specified in clauses (a), (b), (c), (d), (e) and (f) of Section 6.01 and any additional events specified in the terms of any Series of Securities pursuant to Section 2.01 5.01, 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 termsrequired notice); providedprovided that, that except in the case of default in the payment of the principal of (and premium, if any) or interest on 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 and/or Responsible Officers of the Trustee in good faith determines determined that the withholding of such notice is in the interest of the Holders of the Securities Securityholders of such Seriesseries.

Appears in 1 contract

Samples: Indenture (Southwest Airlines Co)

Trustee to Give Notice of Defaults. Known to It, But but May Withhold in Certain Circumstances. The Trustee shall, within 90 ninety days after the occurrence of any default hereunder with respect to the Securities of any Seriesa default, give to the Holders of the Securities of such Series Debentureholders, in the manner and to the extent provided in subsection (c) of Section 5.04 6.04 with respect to reports pursuant to subsection (a) of said Section 5.046.04, notice of such default all defaults known to the Trustee Trustee, unless such default defaults shall have been cured, remedied or waived cured before the giving of such notice (the term "defaultdefaults" for the purposes of this Section 6.10 being hereby defined to be the events specified in clauses (a), (b), (c), (d) and (e), of Section 6.01 and any additional events specified in the terms of any Series of Securities pursuant to Section 2.01 7.0l, not including (i) any periods of grace provided for therein, therein and irrespective of (ii) the giving of written notice specified in clause (dc) of Section 6.01 and in any such terms7.0l); 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 SeriesDebentures, 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 determines that the withholding of such notice is in the interest interests of the Holders of the Securities of such SeriesDebentureholders.

Appears in 1 contract

Samples: General Datacomm Industries Inc

Trustee to Give Notice of Defaults. Known to It, But but May Withhold in Certain Circumstances. The Trustee shall, within 90 days after the occurrence of any a default hereunder with respect to of which a Responsible Officer of the Securities of any SeriesTrustee has actual notice, give to the Holders of the Securities of such Series noteholders, in the manner and to the extent provided in subsection (c) of Section 5.04 5.3 with respect to reports pursuant to subsection (a) of said Section 5.045.3, notice of such default defaults known to the Trustee unless such default defaults shall have been cured, remedied cured or waived before the giving of such notice (the term terms "defaultdefaults" for the purposes of this Section 6.10 8.7 being hereby defined to be the events specified in clauses (a), (b), (c), (d), (e) and (f) of Section 6.01 and any additional events specified in the terms of any Series of Securities pursuant to Section 2.01 8.1, not including any notice or periods of grace provided for thereinin clauses (a), (c), (d) and (e), respectively, and irrespective of the giving of written notice specified in clause clauses (c) and (d) of Section 6.01 and in any such terms); providedprovided 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 Securities of such SeriesNotes, 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 Officer 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 Seriesnoteholders.

Appears in 1 contract

Samples: Sholodge Inc

Trustee to Give Notice of Defaults. Known to Itit, But 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 Seriesseries, give to the Holders holders of the Securities of such Series 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 actually 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 clauses (c), (d), (e) and (f) of Section 6.01 and any additional events specified default in the terms payment of the principal of or interest on Securities of any Series of Securities pursuant to Section 2.01 series, not including any periods of grace provided for therein, and irrespective of the giving of written notice specified in clause (d) any such terms, and irrespective of Section 6.01 and the delivery of any Officers' Certificate provided for in any such terms); provided, that however, that, except in the case of default in the payment of the principal of or interest on any of the Securities of such Seriesseries, 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 of the Trustee in good faith determines that the withholding of such notice is in the interest of the Holders holders of the Securities of such Seriesseries.

Appears in 1 contract

Samples: Indenture (Aon PLC)

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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 a default hereunder with respect to the Securities of any Serieshereunder, give to the Holders of the Securities of such Series Securityholders, in the manner and to the extent provided in subsection (c) of Section 5.04 4.04 with respect to reports pursuant to subsection (a) of said Section 5.044.04, notice of such default defaults known to the Trustee unless such default shall have been cured, remedied cured or waived before the giving of such notice (the term "defaultdefaults" for the purposes of this Section 6.10 5.07 being hereby defined to be the events specified in clauses (a), (b), (c), (d), (e) and (f) of Section 6.01 and any additional events specified in the terms of any Series of Securities pursuant to Section 2.01 5.01, 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 termsrequired notice); providedprovided that, that except in the case of default in the payment of the principal of (and premium, if any) or interest on any of the Securities of such Seriesseries, the Trustee shall be protected 33 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 determined that the withholding of such notice is in the interest of the Holders of the Securities Securityholders of such Seriesseries.

Appears in 1 contract

Samples: Indenture (Southwest Airlines Co)

Trustee to Give Notice of Defaults. Known to Itit, But 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 Seriesseries, give to the Holders holders of the Securities of such Series 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 actually 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 clauses (c), (d), (e) and (f) of Section 6.01 and any additional events specified default in the terms payment of the principal of or interest on Securities of any Series of Securities pursuant to Section 2.01 series, not including any periods of grace provided for therein, and irrespective of the giving of written notice specified in clause (d) any such terms, and irrespective of Section 6.01 and the delivery of any Officers' Certificate provided for in any such terms); terms); provided, that however, that, except in the case of default in the payment of the principal of or interest on any of the Securities of such Seriesseries, 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 of the Trustee in good faith determines that the withholding of such notice is in the interest of the Holders holders of the Securities of such Seriesseries.

Appears in 1 contract

Samples: Indenture

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.

Appears in 1 contract

Samples: Indenture (Chevron Funding Corp)

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 any default hereunder with respect to the Securities of any Seriesa default, give to the Holders of the Securities of any series to which such Series default relates, in the manner and to the extent provided in subsection (c) of TIA Section 5.04 with respect to reports pursuant to subsection (a) of said Section 5.04313(c), notice of such default all defaults known to the Trustee with respect to such Securities, unless such default defaults shall have been cured, remedied cured or waived before the giving of such notice (the term "default" or "defaults" for the purposes of this Section 6.10 6.07 being hereby defined to be any event or events, as the events case may be, specified in clauses (a), (b), (c), (d) and (e) of Section 6.01 and any additional events specified in the terms of any Series of Securities pursuant to Section 2.01 6.01, not including any periods of grace grace, if any, provided for therein, therein and irrespective of the giving of the written notice specified in clause (dc) of Section 6.01 and in any such terms6.01); providedprovided 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 Securities of such Seriesany series or in the making of any Sinking Fund payment, 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 determines that the withholding of such notice is in the interest of the Holders of the Securities of such Seriesthereof.

Appears in 1 contract

Samples: Indenture (Illinois Tool Works Inc)

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