Common use of TRUSTEE TO GIVE NOTICE OF 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.

Appears in 6 contracts

Samples: Junior Subordinated Indenture (Litchfield Capital Trust Ii), Junior Subordinated Indenture (Pogo Trust Ii), Junior Subordinated Indenture (Litchfield Capital Trust Ii)

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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 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.

Appears in 1 contract

Samples: Indenture (Wells Fargo Capital Iii)

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