Event of Default; Notice. (a) The Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the Holders, notices of all Events of Default known to the Guarantee Trustee, unless such defaults have been cured before the giving of such notice, provided, that, except in the case of a default in the payment of a Guarantee Payment, the Guarantee 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 Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders. (b) The Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless the Guarantee Trustee shall have received written notice, or a Responsible Officer charged with the administration of this Guarantee Agreement shall have obtained written notice, of such Event of Default.
Appears in 38 contracts
Sources: Guarantee Agreement (Us Home & Garden Trust I), Guarantee Agreement (Greater Bay Bancorp), Guarantee Agreement (Fib Capital Trust)
Event of Default; Notice. (a) The Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the Holders, notices of all Events of Default known to the Guarantee Trustee, unless such defaults have been cured before the giving of such notice, provided, that, except in the case of a default in the payment of a Guarantee Payment, the Guarantee 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 Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders.
(b) The Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless the Guarantee Trustee shall have received written notice, or a Responsible Officer charged with the administration of this Guarantee the Trust Agreement shall have obtained written notice, of such Event of Default.
Appears in 37 contracts
Sources: Guarantee Agreement (Southwest Gas Corp), Guarantee Agreement (Southwest Gas Corp), Guarantee Agreement (Sierra Pacific Resources Capital Trust Ii)
Event of Default; Notice. (a) The Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the Holders, notices of all Events of Default actually known to the Guarantee Trustee, unless such defaults have been cured before the giving of such notice, provided, that, except in the case of a default in the payment of a Guarantee Payment, the Guarantee 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 Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders.
(b) The Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless the Guarantee Trustee shall have received written notice, or a Responsible Officer charged with the administration of this Guarantee Agreement shall have obtained written notice, of such Event of Default.
Appears in 35 contracts
Sources: Guarantee Agreement (Susquehanna Bancshares Inc), Guarantee Agreement (Susquehanna Capital IV), Guarantee Agreement (TCF Capital I)
Event of Default; Notice. (a) The Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the Holders, notices of all Events of Default known to the Guarantee Trustee, unless such defaults Events of Default have been cured before the giving of such notice, provided, ; provided that, except in the case of a default in the payment of a Guarantee Payment, the Guarantee 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 Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders.
(b) The Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless the Guarantee Trustee shall have received written notice, or a Responsible Officer charged with the administration of this Guarantee Agreement shall have obtained received written notice, notice of such Event of Default.
Appears in 31 contracts
Sources: Guarantee Agreement (S&t Bancorp Inc), Guarantee Agreement (M&t Bank Corp), Guarantee Agreement (S&t Bancorp Inc)
Event of Default; Notice. (a) The Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the Holders, notices notice of all Events any such Event of Default known to the Guarantee Trustee, unless such defaults have Event of Default has been cured before the giving of such notice, provided, provided that, except in the case of a default in the payment of a Guarantee Payment, the Guarantee 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 of the Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders.
(b) The Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless the Guarantee Trustee shall have received written notice, or a Responsible Officer an officer of the Guarantee Trustee charged with the administration of this Guarantee Agreement shall have obtained written noticeactual knowledge, of such Event of Default.
Appears in 22 contracts
Sources: Guarantee Agreement (Fifth Third Capital Trust VIII), Guarantee Agreement (Fifth Third Capital Trust VIII), Guarantee Agreement (BEE Financing Trust III)
Event of Default; Notice. (a) The Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the HoldersHolders of the Preferred Securities, notices of all Events of Default actually known to a Responsible Officer of the Guarantee Trustee, unless such defaults have been cured before the giving of such notice, ; provided, that, except in the case of a default in the by Guarantor on any of its payment of a Guarantee Paymentobligations, the Guarantee 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 Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the HoldersHolders of the Preferred Securities.
(b) The Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless the Guarantee Trustee shall have received written notice, or of which a Responsible Officer of the Guarantee Trustee charged with the administration of this Guarantee the Trust Agreement shall have obtained written notice, of such Event of Defaultactual knowledge.
Appears in 19 contracts
Sources: Preferred Securities Guarantee Agreement (Independent Bank Corp /Mi/), Preferred Securities Guarantee Agreement (Mbhi Capital Trust I), Preferred Securities Guarantee Agreement (Southern Community Financial Corp)
Event of Default; Notice. (a) The Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the Holders, notices notice of all Events any such Event of Default known to the Guarantee Trustee, unless such defaults have Event of Default has been cured before the giving of such notice, provided, provided that, except in the case of a default in the payment of a Guarantee Payment, the Guarantee 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 of the Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders.
(b) The Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless the Guarantee Trustee shall have received written notice, or a Responsible Officer charged with the administration of this Guarantee Agreement shall have obtained written noticeactual knowledge, of such Event of Default.
Appears in 16 contracts
Sources: Guarantee Agreement (Fifth Third Capital Trust Iv), Guarantee Agreement (Fifth Third Capital Trust Iv), Guarantee Agreement (Colonial Bancgroup Inc)
Event of Default; Notice. (a) The Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the Holders, notices notice of all Events of Default known to the Guarantee Trustee, unless such defaults Events of Default have been cured or waived before the giving of such notice, provided, ; provided that, except in the case of a default in the payment of a Guarantee Payment, the Guarantee 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 Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders.
(b) The Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless the Guarantee Trustee shall have received written notice, or a Responsible Officer charged with the administration of this Guarantee Agreement shall have obtained received written notice, notice of such Event of Default.
Appears in 15 contracts
Sources: Guarantee Agreement (Crescent Banking Co), Guarantee Agreement (Auburn National Bancorporation Inc), Guarantee Agreement (HMB Capital Trust III)
Event of Default; Notice. (a) The Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the Holders, notices of all Events of Default known to the Guarantee Trustee, unless such defaults Events of Default have been cured before the giving of such notice, provided, ; provided that, except in the case of a default in the payment of a Guarantee Payment, the Guarantee 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 Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders.
(b) The Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless the Guarantee Trustee shall have received written notice, or (i) a Responsible Officer charged with the administration of this Guarantee Agreement shall have obtained received written notice, notice of such Event of Default, or (ii) a Responsible Officer of the Guarantee Trustee charged with administration of the Trust Agreement shall have obtained actual knowledge thereof.
Appears in 13 contracts
Sources: Preferred Securities Guarantee Agreement (American Safety Insurance Group LTD), Junior Subordinated Debentures Guarantee Agreement (American Safety Insurance Group LTD), Guarantee Agreement (First Star Capital Trust)
Event of Default; Notice. (a) The Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the Holders, notices of all Events of Default known to the Guarantee Trustee, unless such defaults have been cured before the giving of such notice, provided, provided that, except in the case of a default in the payment of a Guarantee Payment, the Guarantee Trustee shall be protected in withholding such notice if and so long as the Board board of Directorsdirectors, the executive committee committee, or a trust committee of directors and/or or Responsible Officers of the Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders.
(b) The Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless the Guarantee Trustee shall have received written notice, or a Responsible Officer charged with the administration of this Guarantee the Trust Agreement shall have obtained written notice, of such Event of Default.
Appears in 13 contracts
Sources: Guarantee Agreement (Mp&l Capital I), Guarantee Agreement (Entergy Gulf States Capital I), Guarantee Agreement (Entergy Gulf States Inc)
Event of Default; Notice. (a) The Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the Holders, notices a notice of all Events such Event of Default known to the Guarantee Trustee, unless such defaults default shall have been cured or waived before the giving of such notice, provided, provided that, except in the case of a default in the payment of a Guarantee Payment, the Guarantee Trustee shall be protected in withholding such notice if and so long as the Board board of Directorsdirectors, the executive committee committee, or a trust committee of directors and/or or Responsible Officers of the Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders.
(b) The Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless the Guarantee Trustee shall have received written notice, or a Responsible Officer of the Guarantee Trustee charged with the administration of this Guarantee Agreement shall have obtained received written notice, in each case from the Guarantor or a Holder, of such Event of Default.
Appears in 12 contracts
Sources: Trust Securities Guarantee Agreement (PPL Capital Funding Inc), Trust Securities Guarantee Agreement (Southwestern Electric Power Co), Trust Securities Guarantee Agreement (Aep Capital Trust Iii)
Event of Default; Notice. (a) The Guarantee Trustee shall, within 90 days after the occurrence of an Event of DefaultDefault known to the Guarantee Trustee, transmit by mail, first class postage prepaid, to the Holders, notices of all such Events of Default known to the Guarantee TrusteeDefault, unless such defaults have been cured or waived before the giving of such notice, provided, that, except in the case of a default in the payment of a Guarantee Payment, the Guarantee Trustee shall be protected in withholding such notice if and so long as a the Board board of Directorsdirectors, the executive committee or a trust committee of directors and/or Responsible Officers of the Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders.
(b) The Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless the Guarantee Trustee shall have received written notice, or a Responsible Officer of the Guarantee Trustee charged with the administration of this Guarantee the Trust Agreement shall have obtained written notice, of such Event of Default.
Appears in 10 contracts
Sources: Capital Securities Guarantee Agreement (Ace LTD), Guarantee Agreement (Partnerre LTD), Junior Subordinated Debt Securities Guarantee Agreement (Partnerre LTD)
Event of Default; Notice. (a) The Guarantee Trustee shall, within 90 days after the occurrence of an Event of DefaultDefault known to the Guarantee Trustee, transmit by mail, first class postage prepaid, to the Holders, notices of all such Events of Default known to the Guarantee TrusteeDefault, unless such defaults have been cured or waived before the giving of such notice, provided, that, except in the case of a default in the payment by the Guarantor of a any amount due under this Guarantee PaymentAgreement, the Guarantee 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 of the Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders.
(b) The Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless the Guarantee Trustee shall have received written noticenotice and such notice references this Guarantee or the Indenture, or a Responsible Officer charged with of the administration of this Guarantee Agreement Trustee shall have actual knowledge or shall have obtained written noticenotice and such notice references this Guarantee or the Indenture, of such Event of Default.
Appears in 8 contracts
Sources: Senior Debt Securities Guarantee Agreement (PartnerRe Finance B LLC), Subordinated Debt Securities Guarantee Agreement (PartnerRe Finance B LLC), Senior Debt Securities Guarantee Agreement (PartnerRe Finance B LLC)
Event of Default; Notice. (a) The Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the HoldersHolders of all Preferred Securities, notices of all Events of Default actually known to a Responsible Officer of the Guarantee Trustee, unless such defaults Events of Default have been cured before the giving of such notice, provided, that, except in the case of a default in the payment of a Guarantee Payment, the Guarantee 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 Directors and/or Responsible Officers of the Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders.
(b) The Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless the Guarantee Trustee shall have received written notice, or a Responsible Officer charged with the administration of this Guarantee Agreement shall have obtained written notice, of such Event of Default.
Appears in 8 contracts
Sources: Guarantee Agreement (Regions Financing Trust Iii), Guarantee Agreement (Regions Financing Trust Ii), Guarantee Agreement (Regions Financing Trust Iii)
Event of Default; Notice. (a) The Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the HoldersHolders of the Preferred Securities, notices of all Events of Default actually known to a Responsible Officer of the Guarantee Trustee, unless such defaults have been cured before the giving of such notice, provided; PROVIDED, that, except in the case of a default in the by Guarantor on any of its payment of a Guarantee Paymentobligations, the Guarantee 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 Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the HoldersHolders of the Preferred Securities.
(b) The Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless the Guarantee Trustee shall have received written notice, or of which a Responsible Officer of the Guarantee Trustee charged with the administration of this Guarantee the Trust Agreement shall have obtained written notice, of such Event of Defaultactual knowledge.
Appears in 7 contracts
Sources: Preferred Securities Guarantee Agreement (Local Financial Capital Trust I), Preferred Securities Guarantee Agreement (Independent Bank Corp), Preferred Securities Guarantee Agreement (Independent Bank Corp)
Event of Default; Notice. (a) The Guarantee Trustee shall, within 90 10 days after the occurrence of an Event of DefaultDefault known to the Guarantee Trustee, transmit by mail, first class postage prepaid, to the Holders, notices notice of all Events any such Event of Default known to the Guarantee Trustee, unless such defaults have Event of Default has been cured before the giving of such notice, provided, provided that, except in the case of a default in the payment of a Guarantee Payment, the Guarantee 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 of the Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders.
(b) The Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless the Guarantee Trustee shall have received written notice, or a Responsible Officer charged with the administration of this Guarantee Agreement shall have obtained written notice, of such Event of Default.
Appears in 7 contracts
Sources: Guarantee Agreement (Whitney Capital Trust I), Guarantee Agreement (Whitney Capital Trust I), Guarantee Agreement (Whitney Capital Trust I)
Event of Default; Notice. (a) The Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the Holders, notices of all Events of Default actually known to a Responsible Officer of the Guarantee Trustee, unless such defaults have been cured before the giving of such notice, provided, that, except in the case of a default in the payment of a Guarantee Payment, the Guarantee 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 Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders.
(b) The Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless a Responsible Officer of the Guarantee Trustee shall have received written notice, or a Responsible Officer charged with the administration of this Guarantee Agreement shall have obtained written notice, notice of such Event of Default.
Appears in 7 contracts
Sources: Guarantee Agreement (Chubb Capital Trust Iii), Guarantee Agreement (Principal Financial Group Inc), Guarantee Agreement (Hartford Capital Iv /De/)
Event of Default; Notice. (a) The Investment Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the HoldersHolders of the Affiliate Debenture, notices of all Events of Default actually known to a Responsible Officer of the Investment Guarantee Trustee, unless such defaults have been cured before the giving of such notice, provided, that, except in the case of a default in the payment of a Guarantee Payment, the Investment Guarantee 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 Investment Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the HoldersHolders of the Affiliate Debenture.
(b) The Investment Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless the Investment Guarantee Trustee shall have received written notice, or of which a Responsible Officer of the Investment Guarantee Trustee charged with the administration of this Guarantee Agreement the Affiliate Debenture shall have obtained written notice, of such Event of Defaultactual knowledge.
Appears in 7 contracts
Sources: Affiliate Debenture Guarantee Agreement (Enron Preferred Funding Ii L P), Affiliate Debenture Guarantee Agreement (Enron Capital Trust I), Affiliate Debenture Guarantee Agreement (Capita Preferred Trust)
Event of Default; Notice. (a) The Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the HoldersHolders of the Capital Securities, notices of all Events of Default actually known to a Responsible Officer of the Guarantee Trustee, unless such defaults have been cured or waived before the giving of such notice, ; provided, that, except in the case of a default in the by Guarantor on any of its payment of a Guarantee Paymentobligations, the Guarantee 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 Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the HoldersHolders of the Capital Securities.
(b) The Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless the Guarantee Trustee shall have received written notice, or of which a Responsible Officer of the Guarantee Trustee charged with the administration of this Guarantee the Trust Agreement shall have obtained written notice, of such Event of Defaultactual knowledge.
Appears in 6 contracts
Sources: Capital Securities Guarantee Agreement (First Financial Capital Trust II), Capital Securities Guarantee Agreement (First Financial Capital Trust II), Capital Securities Guarantee Agreement (Great Southern Capital Trust IV)
Event of Default; Notice. (a) The Common Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the HoldersHolders of the Trust Common Securities, notices of all Events of Default known of which the Common Guarantee Trustee is deemed to the Guarantee Trusteehave knowledge (as defined in Section 2.7(b)), unless such defaults have been cured before the giving of such notice, provided, that, except in ; provided that the case of a default in the payment of a Guarantee Payment, the Common Guarantee 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 Common Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the HoldersHolders of the Trust Common Securities.
(b) The Common Guarantee Trustee shall not be deemed to have knowledge of any an Event of Default unless if (i) the Common Guarantee Trustee shall have received written notice, notice of such Event of Default or (ii) a Responsible Officer of the Common Guarantee Trustee charged with the administration of this Guarantee Agreement the Declaration shall have obtained written notice, actual knowledge of such Event of Default.
Appears in 6 contracts
Sources: Trust Common Securities Guarantee Agreement, Trust Common Securities Guarantee Agreement (American Equity Investment Life Holding Co), Trust Common Securities Guarantee Agreement (American Equity Investment Life Holding Co)
Event of Default; Notice. (a) The Guarantee Trustee shall, within 90 days after the occurrence of an Event of DefaultDefault known to the Guarantee Trustee, transmit by mail, first class postage prepaid, to the HoldersHolders of the Company Preferred Securities, notices of all such Events of Default known to the Guarantee Trustee, unless such defaults have been cured or waived before the giving of such notice, ; provided, that, except in the case of a default in the payment of a Guarantee Payment, the Guarantee 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 Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders.
(b) The Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless the Guarantee Trustee shall have received written notice, or a Responsible Officer charged with the administration of this Guarantee the Trust Agreement shall have obtained written notice, of such Event of Default.
Appears in 5 contracts
Sources: Guarantee Agreement (Teco Energy Inc), Guarantee Agreement (Teco Energy Inc), Guarantee Agreement (Teco Capital Trust Iii)
Event of Default; Notice. (a) The Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the Holders, notices notice of all Events of Default known to the Guarantee Trustee, unless such defaults Events of Default have been cured before the giving of such notice, provided, ; provided that, except in the case of a default in the payment of a Guarantee Payment, the Guarantee 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 Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders.
(b) The Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless the Guarantee Trustee shall have received written notice, or a Responsible Officer charged with the administration of this Guarantee Agreement shall have obtained received written notice, notice of such Event of Default.
Appears in 5 contracts
Sources: Guarantee Agreement (First Citizens Bancorporation Inc), Guarantee Agreement (City Holding Capital Trust Ii), Guarantee Agreement (FCB Nc Capital Trust I)
Event of Default; Notice. (a) The Guarantee Trustee shall, within 90 days after the occurrence of an Event of DefaultDefault known to the Guarantee Trustee, transmit by mail, first class postage prepaid, to the Holders, notices Holders notice of all Events any such Event of Default known to the Guarantee TrusteeDefault, unless such defaults have Event of Default has been cured before the giving of such notice, provided, provided that, except in the case of a default in the payment of a Guarantee Payment, the Guarantee 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 of the Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders.
(b) The Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless the Guarantee Trustee shall have received written notice, or a Responsible Officer charged with the administration of this Guarantee Agreement shall have obtained written noticeactual knowledge, of such Event of Default.
Appears in 5 contracts
Sources: Guarantee Agreement (Popular Inc), Guarantee Agreement (Popular Inc), Guarantee Agreement (Popular North America Capital Trust Iii)
Event of Default; Notice. (a) The Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the Holders, notices notice of all Events of Default known to the Guarantee Trustee, unless such defaults Events of Default have been cured before the giving of such notice, provided, that; PROVIDED THAT, except in the case of a default in the payment of a Guarantee Payment, the Guarantee 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 Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders.
(b) The Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless the Guarantee Trustee shall have received written notice, or a Responsible Officer charged with the administration of this Guarantee Agreement shall have obtained received written notice, notice of such Event of Default.
Appears in 5 contracts
Sources: Guarantee Agreement (Southern Bancshares Nc Inc), Guarantee Agreement (Fidbank Capital Trust I), Guarantee Agreement (Fidbank Capital Trust I)
Event of Default; Notice. (a) The Guarantee Trustee shall, within 90 days after the occurrence of an Event of DefaultDefault known to the Guarantee Trustee, transmit by mail, first class postage prepaid, to the Holders, notices of all such Events of Default known to the Guarantee Trustee, unless such defaults have been cured or waived before the giving of such notice, ; provided, that, except in the case of a default in the payment of a Guarantee Payment, the Guarantee 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 Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders.
(b) The Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless the Guarantee Trustee shall have received written notice, or a Responsible Officer charged with the administration of this Guarantee the Trust Agreement shall have obtained written notice, of such Event of Default.
Appears in 5 contracts
Sources: Guarantee Agreement (Actuant CORP Capital Trust II), Guarantee Agreement (Onb Capital Trust Iv), Guarantee Agreement (Applied Power Capital Trust Ii)
Event of Default; Notice. (a) The Guarantee Trustee shall, within 90 days after the occurrence of an Event of DefaultDefault actually known to a Responsible Officer of the Guarantee Trustee, transmit by mail, first class postage prepaid, to the Holders, notices notice of all Events any such Event of Default known to the Guarantee TrusteeDefault, unless such defaults have Event of Default has been cured before the giving of such notice, provided, provided that, except in the case of a default in the payment of a Guarantee Payment, the Guarantee 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 of the Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders.
(b) The Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless the Guarantee Trustee shall have received written notice, or a Responsible Officer charged with the administration of this Guarantee Agreement shall have obtained written noticeactual knowledge, of such Event of Default.
Appears in 5 contracts
Sources: Guarantee Agreement (First Hawaiian Capital I), Guarantee Agreement (CCC Capital Trust Ii), Guarantee Agreement (First Coastal Capital Trust)
Event of Default; Notice. (a) The Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the Holders, notices of all Events of Default actually known to a Responsible Officer of the Guarantee Trustee, unless such defaults have been cured before the giving of such notice, provided, that, except in the case of a default in the payment of a Guarantee Payment, the Guarantee Trustee shall be fully 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 Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders.
(b) The Guarantee Trustee shall not be deemed to have actual knowledge of any Event of Default unless the Guarantee Trustee shall have received written notice, or a Responsible Officer charged with the administration of this Guarantee the Trust Agreement shall have obtained written notice, of such Event of Default.
Appears in 5 contracts
Sources: Guarantee Agreement (Merry Land Capital Trust), Guarantee Agreement (Dura Automotive Systems Inc), Guarantee Agreement (Merry Land Capital Trust)
Event of Default; Notice. (a) The Guarantee Trustee shall, within 90 days after the occurrence of an Event of DefaultDefault known to the Guarantee Trustee, transmit by mail, first class postage prepaid, to the Holders, notices of all Events of Default known to the Guarantee TrusteeDefault, unless such defaults have been cured or waived before the giving of such notice, provided, that, except in the case of a default in the payment of a Guarantee Payment, the Guarantee 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 Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders.
(b) The Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless the Guarantee Trustee shall have received written notice, or a Responsible Officer charged with the administration of this Guarantee the Trust Agreement shall have obtained written notice, of such Event of Default.
Appears in 5 contracts
Sources: Guarantee Agreement (Lincoln National Corp), Guarantee Agreement (Lincoln National Corp), Guarantee Agreement (Lincoln National Corp)
Event of Default; Notice. (a) The Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the Holders, notices notice of all Events any such Event of Default known to the Guarantee Trustee, unless such defaults have Event of Default has been cured before the giving of such notice, provided, provided that, except in the case of a default in the payment of a Guarantee Payment, the Guarantee 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 of the Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders.
(b) The Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless the Guarantee Trustee shall have received written notice, or a Responsible Officer an officer of the Guarantee Trustee charged with the administration of this Guarantee Agreement shall have obtained written notice, notice of such Event of Default.
Appears in 5 contracts
Sources: Preferred Securities Guarantee Agreement (Evans Capital Trust III), Preferred Securities Guarantee Agreement (Evans Capital Trust III), Preferred Securities Guarantee Agreement (Privatebancorp, Inc)
Event of Default; Notice. (a) The Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the Holders, notices of all Events of Default known to the Guarantee Trustee, unless such defaults have been cured before the giving of such notice, provided, that, except in the case of a default in the payment of a Guarantee Payment, the Guarantee 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 Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders.
(b) The Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless the Guarantee Trustee shall have received written notice, or a Responsible Officer charged with the administration of this Guarantee Agreement the Declaration of Trust shall have obtained written notice, of such Event of Default.
Appears in 5 contracts
Sources: Guarantee Agreement (Boise Cascade Corp), Guarantee Agreement (Boise Cascade Corp), Guarantee Agreement (Bowater Inc)
Event of Default; Notice. (a) The Guarantee Trustee shall, within 90 30 days after the occurrence of an Event of DefaultDefault known to the Guarantee Trustee, transmit by mail, first class postage prepaid, to the Holders, notices notice of all Events any such Event of Default known to the Guarantee Trustee, unless such defaults have Event of Default has been cured before the giving of such notice, provided, provided that, except in the case of a default in the payment of a Guarantee Payment, the Guarantee 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 Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders.
(b) The Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless the Guarantee Trustee shall have received written notice, or a Responsible Officer charged with the administration of this Guarantee Agreement shall have obtained written notice, of such Event of Default.
Appears in 5 contracts
Sources: Guarantee Agreement (Metlife Inc), Guarantee Agreement (Metlife Inc), Guarantee Agreement (Metlife Inc)
Event of Default; Notice. (a) The Common Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the HoldersHolders of the Common Securities, notices of all Events of Default actually known to a Responsible Officer of the Common Guarantee Trustee, unless such defaults have been cured before the giving of such notice, provided, that, except in the case of a default in the payment of a Guarantee Payment, the Common Guarantee 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 Common Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the HoldersHolders of the Common Securities.
(b) The Common Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless the Common Guarantee Trustee shall have received written notice, or unless a Responsible Officer of the Common Guarantee Trustee charged with the administration of this Guarantee Agreement the Declaration shall have obtained written notice, of such Event of Defaultactual knowledge thereof.
Appears in 5 contracts
Sources: Common Securities Guarantee Agreement (Protective Life Corp), Common Securities Guarantee Agreement (Northern States Power Co), Common Securities Guarantee Agreement (Protective Life Corp)
Event of Default; Notice. (a) The Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the Holders, notices of all Events of Default actually known to a Responsible Officer of the Guarantee Trustee, unless such defaults have been cured before the giving of such notice, ; provided, that, except in the case of a default in the payment of a Guarantee Payment, the Guarantee Trustee shall be fully 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 Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders.
(b) The Guarantee Trustee shall not be deemed to have actual knowledge of any Event of Default unless the Guarantee Trustee shall have received written notice, or a Responsible Officer charged with the administration of this Guarantee the Trust Agreement shall have obtained written notice, of such Event of Default.
Appears in 4 contracts
Sources: Merger Agreement (Capital Senior Living Corp), Merger Agreement (Ilm Ii Senior Living Inc /Va), Merger Agreement (Capital Senior Living Corp)
Event of Default; Notice. (a) The Guarantee Trustee shall, within 90 days after the occurrence of an Event of DefaultDefault known to the Guarantee Trustee, transmit by mail, first class postage prepaid, to the Holders, notices of all such Events of Default known to the Guarantee TrusteeDefault, unless such defaults have been cured or waived before the giving of such notice, provided, that, except in the case of a default in the payment by the Guarantor of a any amount due under this Guarantee PaymentAgreement, the Guarantee 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 of the Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders.
(b) The Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless the Guarantee Trustee shall have received written noticenotice and such notice references this Guarantee, or a Responsible Officer charged with of the administration of this Guarantee Agreement Trustee shall have actual knowledge or shall have obtained written noticenotice and such notice references this Guarantee, of such Event of Default.
Appears in 4 contracts
Sources: Junior Subordinated Debt Securities Guarantee Agreement (PartnerRe Finance B LLC), Junior Subordinated Debt Securities Guarantee Agreement (PartnerRe Finance B LLC), Junior Subordinated Debt Securities Guarantee Agreement (PartnerRe Finance B LLC)
Event of Default; Notice. (a) The Guarantee Trustee shall, within 90 days after the occurrence of an Event of DefaultDefault known to the Guarantee Trustee, transmit by mail, first class postage prepaid, to the Holders, notices of all such Events of Default known to the Guarantee TrusteeDefault, unless such defaults have been cured or waived before the giving of such notice, provided, that, except in the case of a default in the payment by the Guarantor of a any amount due under this Guarantee PaymentAgreement, the Guarantee Trustee shall be protected in withholding such notice if and so long as a the Board board of Directorsdirectors, the executive committee or a trust committee of directors and/or Responsible Officers of the Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders.
(b) The Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless the Guarantee Trustee shall have received written notice, or a Responsible Officer charged with of the administration of this Guarantee Agreement Trustee shall have actual knowledge or shall have obtained written notice, of such Event of Default.
Appears in 4 contracts
Sources: Junior Subordinated Debt Securities Guarantee Agreement (Renaissancere Holdings LTD), Subordinated Debt Securities Guarantee Agreement (Renaissancere Holdings LTD), Senior Debt Securities Guarantee Agreement (Renaissancere Holdings LTD)
Event of Default; Notice. (a) The Guarantee Trustee shall, within 90 days after the occurrence of an Event of DefaultDefault known to the Guarantee Trustee, transmit by mail, first class postage prepaid, to the Holders, notices notice of all Events any such Event of Default known to the Guarantee TrusteeDefault, unless such defaults have Event of Default has been cured before the giving of such notice, provided, ; provided that, except in the case of a default in the payment of a Guarantee Payment, the Guarantee 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 of the Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders.
(b) The Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless the Guarantee Trustee shall have received written notice, or a Responsible Officer charged with the administration of this Guarantee Agreement shall have obtained written noticeactual knowledge, of such Event of Default.
Appears in 4 contracts
Sources: Guarantee Agreement (Bank of New York Co Inc), Guarantee Agreement (Bank of New York Co Inc), Guarantee Agreement (Sterling Bancorp Trust I)
Event of Default; Notice. (a) The Guarantee Trustee shall, within 90 days after the occurrence of an a Guarantor Event of DefaultDefault known to the Guarantee Trustee, transmit by mail, first class postage prepaid, to the HoldersHolders of the Subordinated Notes, notices of all such Guarantor Events of Default known to the Guarantee TrusteeDefault, unless such defaults have been cured or waived before the giving of such notice, provided, that, except in the case of a default in the payment by the Guarantor of a any amount due under this Guarantee PaymentAgreement, the Guarantee 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 Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the HoldersHolders of the Subordinated Notes.
(b) The Guarantee Trustee shall not be deemed to have knowledge of any Guarantor Event of Default unless a Responsible Officer of the Guarantee Trustee shall have received written noticeactual knowledge, or a Responsible Officer charged with the administration of this Guarantee Agreement shall have obtained received written notice, of such Event of Default.
Appears in 4 contracts
Sources: Subordinated Debt Securities Guarantee Agreement (RenaissanceRe Finance Inc.), Subordinated Debt Securities Guarantee Agreement (RenaissanceRe Finance Inc.), Subordinated Debt Securities Guarantee Agreement (RenaissanceRe Finance Inc.)
Event of Default; Notice. (a) The Guarantee Trustee shall, within 90 days after the occurrence of an Event of DefaultDefault known to the Guarantee Trustee, transmit by mail, first class postage prepaid, to the Holders, notices of all Events of Default known to the Guarantee TrusteeDefault, unless such defaults have been cured or waived before the giving of such notice, provided, that, except in the case of a default in the payment of a Guarantee Payment, the Guarantee 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 Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders.
(b) The Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless the Guarantee Trustee shall have received written notice, or a Responsible Officer charged with the administration of this Guarantee the Trust Agreement shall have obtained written notice, of such Event of Default.
Appears in 4 contracts
Sources: Guarantee Agreement (Lincoln National Corp), Guarantee Agreement (Lincoln National Corp), Guarantee Agreement (Metro Capital Trust V)
Event of Default; Notice. (a) The Guarantee Trustee shall, within 90 ------------------------ days after the occurrence of an Event of DefaultDefault actually known to a Responsible Officer of the Guarantee Trustee, transmit by mail, first class postage prepaid, to the Holders, notices of all Events of Default known to the Guarantee Trustee, such defaults unless such defaults have been cured before the giving of such noticenotice (the term "defaults" for the purposes of this Section 2.6(a) being hereby defined to be an Event of Default as, not including any periods of grace provided for therein and irrespective of the giving of any notice provided therein); provided, that, except in the case of a default in the payment of a Guarantee Payment, the Guarantee Trustee shall be protected in withholding such notice if and so long as the Board board of Directorsdirectors, the executive committee committee, or a trust committee of directors and/or Responsible Officers Officers, of the Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders.
(b) The Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless the Guarantee Trustee shall have received written notice, or a Responsible Officer charged with the administration of this Guarantee Agreement shall have obtained written notice, of such Event of Default.
Appears in 4 contracts
Sources: Guarantee Agreement (Sempra Energy Global Enterprises), Guarantee Agreement (Sempra Energy Capital Trust Ii), Guarantee Agreement (Sempra Energy)
Event of Default; Notice. (a) The Investment Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the HoldersHolders of the Affiliate Debenture, notices of all Events of Default actually known to a Responsible Officer of the Investment Guarantee Trustee, unless such defaults have been cured before the giving of such notice, provided, that, except in the case of a default in the payment of a Guarantee any Guaranty Payment, the Investment Guarantee 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 Investment Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the HoldersHolders of the Affiliate Debenture.
(b) The Investment Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless the Investment Guarantee Trustee shall have received written notice, or a Responsible Officer of the Investment Guarantee Trustee charged with the administration of this Guarantee Agreement the Affiliate Debenture shall have obtained written noticeactual knowledge, of such Event of Default.
Appears in 4 contracts
Sources: Affiliate Debenture Guarantee Agreement (Uds Funding Ii Lp), Affiliate Debenture Guarantee Agreement (Merrill Lynch Preferred Funding Vi L P), Affiliate Debenture Guarantee Agreement (Merrill Lynch Preferred Capital Trust Ii)
Event of Default; Notice. (a) The Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the Holders, notices of all Events of Default known to the Guarantee Trustee, unless such defaults Events of Default have been cured before the giving of such notice, provided, that, except in the case of a default in the payment of a Guarantee Payment, the Guarantee 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 Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders.
(b) The Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless the Guarantee Trustee shall have received written notice, or a Responsible Officer charged with the administration of this Guarantee Agreement shall have obtained written notice, of such Event of Default.
Appears in 4 contracts
Sources: Guarantee Agreement (Bankamerica Capital Viii), Guarantee Agreement (Pmi Group Inc), Guarantee Agreement (Providian Financial Corp)
Event of Default; Notice. (a) The Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the Holders, Holders notices of all Events of Default known to the Guarantee Trustee, unless such defaults Events of Default have been cured before the giving of such notice, provided, that, except in the case of a default in the payment of a Guarantee Payment, the Guarantee 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 Guarantee Trustee in good faith determines that the withholding of such notice is in the best interests of the Holders.
(b) The Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless the Guarantee Trustee shall have received written notice, or a Responsible Officer charged with the administration of this Guarantee Agreement shall have obtained written notice, of such Event of Default.
Appears in 4 contracts
Sources: Guarantee Agreement (Cna Financial Corp), Guarantee Agreement (Cna Financial Capital Iii), Guarantee Agreement (Cna Financial Capital Iii)
Event of Default; Notice. (a) The Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the Holders, notices notice of all Events of Default known to the Guarantee Trustee, unless such defaults Events of Default have been cured before the giving of such notice, ; provided, that, except in the case of a default in the payment of a Guarantee Payment, the Guarantee 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 Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders.
(b) The Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless the Guarantee Trustee shall have received written notice, or a Responsible Officer charged with the administration of this Guarantee Agreement the Declaration of Trust shall have obtained received written notice, notice of such Event of Default.
Appears in 4 contracts
Sources: Guarantee Agreement (Republic New York Capital Iv), Guarantee Agreement (Republic New York Capital I), Junior Subordinated Indenture (Republic New York Capital Iv)
Event of Default; Notice. (a) The Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the Holders, notices notice of all Events any such Event of Default known to the Guarantee Trustee, unless such defaults have Event of Default has been cured before the giving of such notice, provided, provided that, except in the case of a default in the payment of a Guarantee Payment, the Guarantee 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 of the Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders.
(b) The Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless the Guarantee Trustee shall have received written notice, or a Responsible Officer charged with the administration of this Guarantee Agreement shall have obtained written notice, of such Event of Default.
Appears in 4 contracts
Sources: Capital Securities Guarantee Agreement (Cullen Frost Capital Trust Ii), Guarantee Agreement (Bny Capital V), Capital Securities Guarantee Agreement (State Street Boston Corp)
Event of Default; Notice. (a) The Guarantee Trustee shall, within 90 days after the occurrence of an a Guarantor Event of DefaultDefault known to the Guarantee Trustee, transmit by mail, first class postage prepaid, to the HoldersHolders of the Junior Subordinated Notes, notices of all such Guarantor Events of Default known to the Guarantee TrusteeDefault, unless such defaults have been cured or waived before the giving of such notice, provided, that, except in the case of a default in the payment by the Guarantor of a any amount due under this Guarantee PaymentAgreement, the Guarantee 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 Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the HoldersHolders of the Junior Subordinated Notes.
(b) The Guarantee Trustee shall not be deemed to have knowledge of any Guarantor Event of Default unless a Responsible Officer of the Guarantee Trustee shall have received written noticeactual knowledge, or a Responsible Officer charged with the administration of this Guarantee Agreement shall have obtained received written notice, of such Event of Default.
Appears in 4 contracts
Sources: Junior Subordinated Debt Securities Guarantee Agreement (RenaissanceRe Finance Inc.), Junior Subordinated Debt Securities Guarantee Agreement (RenaissanceRe Finance Inc.), Junior Subordinated Debt Securities Guarantee Agreement (RenaissanceRe Finance Inc.)
Event of Default; Notice. (a) The Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the Holders, notices of all Events of Default known to the Guarantee Trustee, unless such defaults Events of Default have been cured before the giving of such notice, provided, ; provided that, except in the case of a default in the payment of a Guarantee Payment, the Guarantee 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 a Responsible Officers of the Guarantee Trustee Officer in good faith determines that the withholding of such notice is in the interests of the Holders.
(b) The Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless the Guarantee Trustee shall have received written notice, or a Responsible Officer charged with the administration of this Guarantee Agreement the Declaration of Trust shall have obtained received written notice, notice of such Event of Default.
Appears in 4 contracts
Sources: Guarantee Agreement (Guaranty Capital Trust I), Guarantee Agreement (Southern Financial Capital Trust I), Guarantee Agreement (Highlands Capital Trust I)
Event of Default; Notice. (a) The Guarantee Trustee shall, within 90 days after the occurrence of a default which with notice or the passage of time, or both, could become an Event of Default, transmit by mail, first class postage prepaid, to the Holders, notices of all Events of Default such defaults known to the Guarantee Trustee, unless such defaults have been cured before the giving of such notice, provided, that, except in the case of a default in the payment of a Guarantee Payment, the Guarantee 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 Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders.
(b) The Guarantee Trustee shall not be deemed to have knowledge of any Event of Default such default unless the Guarantee Trustee shall have received written notice, or a Responsible Officer charged with the administration of this Capital Securities Guarantee Agreement shall have obtained written notice, of such Event of Defaultdefault.
Appears in 4 contracts
Sources: Capital Securities Guarantee Agreement (Downey Financial Capital Trust I), Capital Securities Guarantee Agreement (Downey Financial Capital Trust Iii), Capital Securities Guarantee Agreement (Downey Financial Corp)
Event of Default; Notice. (a) The Guarantee Trustee shall, within 90 days after the occurrence of a default which with notice or the passage of time, or both, could become an Event of Default, transmit by mail, first class postage prepaid, to the Holders, notices of all Events of Default such defaults known to the Guarantee Trustee, unless such defaults have been cured before the giving of such notice, provided, that, except in the case of a default in the payment of a Guarantee Payment, the Guarantee 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 Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders.
(b) The Guarantee Trustee shall not be deemed to have knowledge of any Event of Default such default unless the Guarantee Trustee shall have received written notice, or a Responsible Officer charged with the administration of this Guarantee Agreement shall have obtained written notice, of such Event of Defaultdefault.
Appears in 4 contracts
Sources: Guarantee Agreement (Silicon Valley Bancshares), Guarantee Agreement (Bancfirst Corp /Ok/), Guarantee Agreement (Silicon Valley Bancshares)
Event of Default; Notice. (a) The Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the Holders, notices of all Events of Default actually known to a Responsible Officer of the Guarantee Trustee, unless such defaults have been cured before the giving of such notice, provided, that, except in the case of a default in the payment of a Guarantee Payment, the Guarantee 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 Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders.
(b) The Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless the Guarantee Trustee shall have received written notice, or a Responsible Officer charged with the administration of this Guarantee Agreement shall have obtained written notice, of such Event of Default.
Appears in 3 contracts
Sources: Guarantee Agreement (Proffitts Capital Trust V), Guarantee Agreement (Proffitts Capital Trust I), Guarantee Agreement (Provident Companies Inc /De/)
Event of Default; Notice. (a) The Preferred Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the Holders, notices of all Events of Default known to the Preferred Guarantee Trustee, unless such defaults have been cured before the giving of such notice, provided, that, except in the case of a default in the payment of a Guarantee Payment, the Preferred Guarantee 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 Preferred Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders.
(b) The Preferred Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless the Preferred Guarantee Trustee shall have received written notice, or a Responsible Officer charged with the administration of this Guarantee Agreement the Declaration shall have obtained written notice, of such Event of Default.
Appears in 3 contracts
Sources: Guarantee Agreement (Public Service Co of Colorado), Guarantee Agreement (Baltimore Gas & Electric Co), Guarantee Agreement (Public Service Co of Colorado)
Event of Default; Notice. (a) The Guarantee Trustee shall, within 90 days after the occurrence of an Event of DefaultDefault known to the Guarantee Trustee, transmit by mail, first class postage prepaid, to the Holders, notices of all such Events of Default known to the Guarantee TrusteeDefault, unless such defaults have been cured or waived before the giving of such notice, provided, that, except in the case of a default in the payment by the Guarantor of a any amount due under this Guarantee PaymentAgreement, the Guarantee 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 of the Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders.
(b) The Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless the Guarantee Trustee shall have received written notice, or a Responsible Officer charged with of the administration of this Guarantee Agreement Trustee shall have actual knowledge or shall have obtained written notice, of such Event of Default.
Appears in 3 contracts
Sources: Debt Securities Guarantee Agreement (PartnerRe Finance B LLC), Debt Securities Guarantee Agreement (Partnerre LTD), Debt Securities Guarantee Agreement (Partnerre Capital Trust Iii)
Event of Default; Notice. (a) The Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default, transmit by mail, first first-class postage prepaid, to the Holders, notices of all Events of Default known to the Guarantee Trustee, unless such defaults have been cured or waived before the giving of such notice, provided, provided that, except in the case of a default in the payment of a Guarantee Payment, the Guarantee 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 Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders.
(b) The Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless the Guarantee Trustee shall have received written notice, or a Responsible Officer charged with the administration of this Guarantee Agreement shall have obtained written notice, of such Event of Default.
Appears in 3 contracts
Sources: Capital Securities Guarantee Agreement (Aon Corp), Capital Securities Guarantee Agreement (Aon Corp), Capital Securities Guarantee Agreement (Aon Corp)
Event of Default; Notice. (a) The Guarantee Trustee shall, within 90 30 days after a Responsible Officer of the Guarantee Trustee obtains actual knowledge of the occurrence of an Event of Default, transmit by mail, first first-class postage prepaid, to the Holders, notices notice of all Events such Event of Default actually known to a Responsible Officer of the Guarantee Trustee, unless such defaults have been cured before the giving of such notice, provided, that, except in the case of a default in the payment of a Guarantee Payment, the Guarantee Trustee shall be fully 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 Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders.
(b) The Guarantee Trustee shall not be deemed to have actual knowledge of any Event of Default unless the Guarantee Trustee shall have received written notice, or a Responsible Officer charged with the administration of this Guarantee Agreement the Declaration of Trust shall have obtained written noticeactual knowledge, of such Event of Default.
Appears in 3 contracts
Sources: Guarantee Agreement (Superior Trust I), Guarantee Agreement (Superior Trust I), Guarantee Agreement (Superior Trust I)
Event of Default; Notice. (a) The Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default, transmit mail by mail, first class postage prepaid, to the all Holders, notices of all Events of Default actually known to the Guarantee Trusteea Responsible Officer, unless such defaults have been cured before the giving of such notice, provided, that, except in the case of a default in the payment of a any Guarantee Payment, the Guarantee Trustee shall be protected in withholding such notice if and so long as the Board board of Directorsdirectors, the executive committee committee, or a trust committee of directors and/or a Responsible Officers of the Guarantee Trustee Officer in good faith determines that the withholding of such notice is in the interests of the Holders.
(b) The Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless the Guarantee Trustee shall have received written noticenotice from the Guarantor, or a Responsible Officer charged with the administration of this Guarantee the Trust Agreement shall have obtained written noticeactual knowledge, of such Event of Default.
Appears in 3 contracts
Sources: Guarantee Agreement (Indymac Bancorp Inc), Guarantee Agreement (Indymac Bancorp Inc), Guarantee Agreement (Reinsurance Group of America Inc)
Event of Default; Notice. (a) The Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the Holders, notices a notice of all such Event or Events of Default known to the Guarantee Trustee, unless such defaults default shall have been cured or waived before the giving of such notice, provided, provided that, except in the case of a default in the payment of a Guarantee Payment, the Guarantee Trustee shall be protected in withholding such notice if and so long as the Board board of Directorsdirectors, the executive committee committee, or a trust committee of directors and/or or Responsible Officers of the Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders.
(b) The Guarantee Trustee shall not be deemed to have charged with knowledge of any Event of Default unless either (1) a Responsible Officer of the Guarantee Trustee shall have received actual knowledge of the Event of Default or (2) a written notice, or a Responsible Officer charged with the administration of this Guarantee Agreement shall have obtained written notice, notice of such Event of DefaultDefault shall have been given to the Guarantee Trustee by the Guarantor, the Issuer or by any Holder.
Appears in 3 contracts
Sources: Preferred Trust Securities Guarantee Agreement (Florida Power & Light CO Trust II), Preferred Trust Securities Guarantee Agreement (FPL Group Trust II), Preferred Trust Securities Guarantee Agreement (FPL Group Inc)
Event of Default; Notice. (a) The Guarantee Trustee shall, within 90 ninety (90) days after the occurrence of an Event of Defaulta default, transmit by mail, first class postage prepaid, to the Holders, Holders notices of all Events of Default defaults actually known to the Guarantee Trustee, unless such defaults have been cured or waived before the giving of such notice, provided, that, except in the case of a default in the payment of a Guarantee Payment, the Guarantee 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 Guarantee Trustee in good faith determines determine that the withholding of such notice is in the interests of the Holders. For the purpose of this Section 2.4, the term "default" means any event that is, or after notice or lapse of time or both would become, an Event of Default.
(b) The Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless the Guarantee Trustee shall have received written notice, or a Responsible Officer charged with the administration of this Guarantee Agreement shall have obtained written notice, of such Event of DefaultDefault from the Guarantor or a Holder.
Appears in 3 contracts
Sources: Guarantee Agreement (Georgia Bancshares Inc//), Guarantee Agreement (Stifel Financial Corp), Guarantee Agreement (Trustmark Corp)
Event of Default; Notice. (a) The Guarantee Trustee shall, within 90 30 days after the occurrence of an Event of DefaultDefault actually known to the Guarantee Trustee, transmit by mail, first first-class postage prepaid, to the Holders, notices of all Events of Default known to the Guarantee Trustee, unless such defaults have been cured before the giving of such notice, provided, ; provided that, except in the case of a default in the payment of a Guarantee Payment, the Guarantee Trustee shall be protected in withholding such notice if and so long as the Board board of Directorsdirectors, the executive committee committee, or a trust committee of directors and/or Responsible Officers of the Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders.
(b) The Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless except any Event of Default as to which the Guarantee Trustee shall have received written notice, notice or a Responsible Officer charged with the administration of this Guarantee Agreement the Declaration shall have obtained written notice, of such Event of Default.
Appears in 3 contracts
Sources: Preferred Securities Guarantee Agreement (Hanover Compressor Capital Trust), Preferred Securities Guarantee Agreement (Continental Airlines Inc /De/), Preferred Securities Guarantee Agreement (Carriage Services Inc)
Event of Default; Notice. (a) The Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the Holders, notices of all Events of Default known to a Responsible Officer of the Guarantee Trustee, unless such defaults Events of Default actually have been cured before the giving of such notice, ; provided, that, except in the case of a default in the payment of a Guarantee Payment, the Guarantee 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 Guarantee Trustee in good faith determines determine that the withholding of such notice is in the interests of the Holders.
(b) The Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless the Guarantee Trustee shall have received written notice, or a Responsible Officer charged with the administration of this the Guarantee Agreement shall have obtained received written notice, notice of such Event of Default.
Appears in 3 contracts
Sources: Guarantee Agreement (Enpro Industries Inc), Guarantee Agreement (Enpro Industries Inc), Guarantee Agreement (Coltec Capital Trust)
Event of Default; Notice. (a) The Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the Holders, notices notice of all Events of Default known to the Guarantee Trustee, unless such defaults Events of Default have been cured or waived before the giving of such notice, provided, ; provided that, except in the case of a default in the payment of a Guarantee Payment, the Guarantee 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 Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders.
(b) The Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless the Guarantee Trustee shall have received written notice, or a Responsible Officer charged with the administration of this Guarantee Agreement shall have obtained received written notice, notice of such Event of Default.
Appears in 3 contracts
Sources: Guarantee Agreement (Gainsco Inc), Guarantee Agreement (Gainsco Inc), Guarantee Agreement (Assuranceamerica Corp)
Event of Default; Notice. (a) The Guarantee Trustee shall, within 90 days after the occurrence of an Event of DefaultDefault known to the Guarantee Trustee, transmit by mail, first class postage prepaid, to the Holders, notices notice of all Events any such Event of Default known to the Guarantee TrusteeDefault, unless such defaults have Event of Default has been cured before the giving of such notice, provided, ; PROVIDED that, except in the case of a default in the payment of a Guarantee Payment, the Guarantee 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 of the Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders.
(b) The Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless the Guarantee Trustee shall have received written notice, or a Responsible Officer charged with the administration of this Guarantee Agreement shall have obtained written noticeactual knowledge, of such Event of Default.
Appears in 3 contracts
Sources: Guarantee Agreement (Seacoast Financial Services Corp), Guarantee Agreement (Seacoast Financial Services Corp), Guarantee Agreement (Seacoast Financial Services Corp)
Event of Default; Notice. (a) The Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the Holders, notices of all Events of Default known to the Guarantee Trustee, unless such defaults have been cured before the giving of such notice, ; provided, that, except in the case of a default in the payment of a Guarantee Payment, the Guarantee 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 Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders.
(b) The Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless the Guarantee Trustee shall have received written notice, or a Responsible Officer charged with the administration of this Guarantee the Trust Agreement shall have obtained written notice, of such Event of Default.
Appears in 3 contracts
Sources: Guarantee Agreement (HPT Capital Trust I), Guarantee Agreement (Senior Housing Properties Trust), Guarantee Agreement (Senior Housing Properties Trust)
Event of Default; Notice. (a) The Guarantee Trustee shall, within 90 ninety (90) days after the occurrence of an Event of DefaultDefault known to the Guarantee Trustee, transmit by mail, first class postage prepaid, to the Holders, notices of all such Events of Default known to the Guarantee TrusteeDefault, unless such defaults have been cured or waived before the giving of such notice, provided, that, except in the case of a default in the payment of a Guarantee Payment, the Guarantee Trustee shall be protected in withholding such notice if and so long as a the Board board of Directorsdirectors, the executive committee or a trust committee of directors and/or Responsible Officers of the Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders.
(b) The Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless the Guarantee Trustee shall have received written notice, or a Responsible Officer of the Guarantee Trustee charged with the administration of this Guarantee the Trust Agreement shall have obtained written notice, of such Event of Default.
Appears in 3 contracts
Sources: Preferred Securities Guarantee Agreement (Trenwick America Capital Trust Iii), Preferred Securities Guarantee Agreement (Trenwick America Capital Trust Iii), Preferred Securities Guarantee Agreement (Trenwick America Capital Trust Iii)
Event of Default; Notice. (a) The Capital Securities Guarantee Trustee shall, within 90 days after the occurrence of an Event of DefaultDefault hereunder, transmit by mail, first class postage prepaid, to the all Holders, notices of all Events of Default actually known to the Guarantee Trusteea Responsible Officer, unless such defaults have been cured before the giving of such notice, provided, that, except in the case of a default in the payment of a any Guarantee Payment, the Capital Securities Guarantee 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 Guarantee Trustee Officer in good faith determines that the withholding of such notice is in the interests of the Holders.
(b) The Capital Securities Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless the Capital Securities Guarantee Trustee shall have received written noticenotice from the Guarantor, or a Responsible Officer charged with the administration of this Guarantee Agreement the Declaration shall have obtained written noticeactual knowledge, of such Event of Default.
Appears in 3 contracts
Sources: Series B Capital Securities Guarantee Agreement (Webster Capital Trust Ii), Capital Securities Guarantee Agreement (Eagle Financial Corp), Series a Capital Securities Guarantee Agreement (Webster Capital Trust Ii)
Event of Default; Notice. (a) The Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the Holders, notices of all Events of Default known to the Guarantee Trustee, unless such defaults have been cured before the giving of such notice, provided, that, except in the case of a default in the payment of a Guarantee Payment, the Guarantee 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 of the Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders.
(b) The Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless the Guarantee Trustee shall have received written notice, or a Responsible Officer charged with the administration of this Guarantee Agreement shall have obtained written notice, of such Event of Default.
Appears in 3 contracts
Sources: Guarantee Agreement (First Union Institutional Capital Ii), Guarantee Agreement (Easy Gardener Products LTD), Guarantee Agreement (Us Home & Garden Trust I)
Event of Default; Notice. (a) The Investment Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the HoldersHolders of the Affiliate Debenture, notices of all Events of Default actually known to a Responsible Officer of the Investment Guarantee Trustee, unless such defaults have been cured before the giving of such notice, provided, that, except in the case of a default in the payment of a any Guarantee Payment, the Investment Guarantee 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 Investment Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the HoldersHolders of the Affiliate Debenture.
(b) The Investment Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless the Investment Guarantee Trustee shall have received written notice, or a Responsible Officer of the Investment Guarantee Trustee charged with the administration of this Guarantee Agreement the Affiliate Debenture shall have obtained written noticeactual knowledge, of such Event of Default.
Appears in 3 contracts
Sources: Affiliate Debenture Guarantee Agreement (BAC Capital Trust XVII), Affiliate Debenture Guarantee Agreement (BAC Capital Trust XVII), Affiliate Debenture Guarantee Agreement (BAC Capital Trust XVII)
Event of Default; Notice. (a) The Guarantee Trustee shall, within 90 days after the occurrence of an Event of DefaultDefault actually known to the Guarantee Trustee, transmit by mail, first class postage prepaid, to the Holders, notices of all such Events of Default known to the Guarantee TrusteeDefault, unless such defaults have been cured or waived before the giving of such notice, provided, that, except in the case of a default in the payment of a Guarantee Payment, the Guarantee 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 of the Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders.
(b) The Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless the Guarantee Trustee shall have received written notice, or a Responsible Officer charged with the administration of this Guarantee Agreement shall have obtained written notice, of such Event of Default.
Appears in 3 contracts
Sources: Guarantee Agreement (Sce Trust I), Guarantee Agreement (Sce Trust I), Guarantee Agreement (Sce Trust I)
Event of Default; Notice. (a) The Guarantee Trustee shall, within 90 days after the occurrence of an Event of DefaultDefault known to the Guarantee Trustee, transmit by mail, first class postage prepaid, to the Holders, notices of all such Events of Default known to the Guarantee TrusteeDefault, unless such defaults have been cured or waived before the giving of such notice, provided, that, except in the case of a default in the payment of a Guarantee Payment, the Guarantee 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 Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders.
(b) The Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless the Guarantee Trustee shall have received written notice, or a Responsible Officer charged with the administration of this Guarantee the Trust Agreement shall have obtained written notice, of such Event of Default.
Appears in 2 contracts
Sources: Guarantee Agreement (Lincoln National Corp), Guarantee Agreement (Lincoln National Corp)
Event of Default; Notice. (a) The Trust Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the Holders, notices of all Events of Default known to the Trust Guarantee Trustee, unless such defaults have been cured before the giving of such notice, provided, that, except in the case of a default in the payment of a Guarantee Payment, the Trust Guarantee 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 of the Trust Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders.
(b) The Trust Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless a Responsible Officer of the Trust Guarantee Trustee shall have received written notice, or a Responsible Officer charged with the administration of this Guarantee Agreement shall have obtained written notice, notice of such Event of Default.
Appears in 2 contracts
Sources: Trust Guarantee Agreement (Hawaiian Electric Co Inc), Trust Guarantee Agreement (Heco Capital Trust I)
Event of Default; Notice. (a) The Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the Holders, notices of all Events of Default known to the Guarantee Trustee, unless such defaults have been cured before the giving of such notice, provided, that, except in the case of a default in the payment of a Guarantee Payment, the Guarantee 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 Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders.
(b) The Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless the Guarantee Trustee shall have received written noticenotice from the Guarantor or a Holder, or a Responsible Officer charged with the administration of this Guarantee Agreement shall have obtained written noticenotice from the Guarantor or a Holder, of such Event of Default.
Appears in 2 contracts
Sources: Capital Securities Guarantee Agreement (Crestar Financial Corp), Capital Securities Guarantee Agreement (Suntrust Banks Inc)
Event of Default; Notice. (a) The Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the HoldersHolders of the Trust Securities, notices of all Events of Default actually known to a Responsible Officer of the Guarantee Trustee, unless such defaults have been cured before the giving of such notice, provided, that, except in the case of a default in the payment of a Guarantee Payment, the Guarantee 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 Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the HoldersHolders of the Trust Securities.
(b) The Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless a Responsible Officer of the Guarantee Trustee shall have received written notice, or a Responsible Officer of the Guarantee Trustee charged with the administration of this the Guarantee Agreement shall have obtained written noticeactual knowledge, of such Event of Default.
Appears in 2 contracts
Sources: Trust Securities Guarantee Agreement (Abn Amro Bank Nv), Trust Securities Guarantee Agreement (Abn Amro Bank Nv)
Event of Default; Notice. (a) The Guarantee Trustee shall, within 90 ninety (90) days after the occurrence of an Event of Defaulta default, transmit by mail, first class postage prepaid, to the Holders, Holders notices of all Events of Default defaults actually known to the Guarantee Trustee, unless such defaults have been cured or waived before the giving of such notice, provided, that, except in the case of a default in the payment of a Guarantee Payment, the Guarantee 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 Guarantee Trustee in good faith determines determine that the withholding of such notice is in the interests of the Holders. For the purpose of this Section 2.4, the term “default” means any event that is, or after notice or lapse of time or both would become, an Event of Default.
(b) The Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless the Guarantee Trustee shall have received written notice, or a Responsible Officer charged with the administration of this Guarantee Agreement shall have obtained written notice, of such Event of DefaultDefault from the Guarantor or a Holder.
Appears in 2 contracts
Sources: Guarantee Agreement (Pab Bankshares Inc), Guarantee Agreement (Green Bankshares, Inc.)
Event of Default; Notice. (a) The Guarantee Trustee shall, within 90 days after the occurrence of an Event of DefaultDefault known to the Guarantee Trustee, transmit by mail, first class postage prepaid, to the Holders, notices of all such Events of Default known to the Guarantee Trustee, unless such defaults have been cured or waived before the giving of such notice, ; provided, that, except in the case of a default in the payment of a Guarantee Payment, the Guarantee 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 Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders.
(b) The Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless the Guarantee Trustee shall have received written notice, or a Responsible Officer charged with the administration of this Guarantee Agreement the Declaration of Trust shall have obtained written notice, of such Event of Default.
Appears in 2 contracts
Sources: Guarantee Agreement (Burlington Resources Finance Co), Guarantee Agreement (Burlington Resources Finance Co)
Event of Default; Notice. (a) The Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the Holders, notices of all Events of Default known to a Responsible Officer of the Guarantee Trustee, unless such defaults Events of Default actually have been cured before the giving of such notice, provided; PROVIDED, that, except in the case of a default in the payment of a Guarantee Payment, the Guarantee 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 Guarantee Trustee in good faith determines determine that the withholding of such notice is in the interests of the Holders.
(b) The Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless the Guarantee Trustee shall have received written notice, or a Responsible Officer charged with the administration of this the Guarantee Agreement shall have obtained received written notice, notice of such Event of Default.
Appears in 2 contracts
Sources: Guarantee Agreement (Goodrich B F Co), Guarantee Agreement (Enpro Industries Inc)
Event of Default; Notice. (a) The Trust Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the Holders, notices of all Events of Default known to the Trust Guarantee Trustee, unless such defaults have been cured before the giving of such notice, provided, that, except in the case of a default in the payment of a Guarantee Payment, the Trust Guarantee 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 of the Trust Guarantee Trustee in good faith determines determine that the withholding of such notice is in the interests of the Holders.
(b) The Trust Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless a Responsible Officer of the Trust Guarantee Trustee shall have received written notice, or a Responsible Officer charged with the administration of this Guarantee Agreement shall have obtained written notice, notice of such Event of Default.
Appears in 2 contracts
Sources: Trust Guarantee Agreement (Heco Capital Trust Ii), Trust Guarantee Agreement (Hawaiian Electric Co Inc)
Event of Default; Notice. (a) The Preferred Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the Holders, notices of all Events of Default actually known to the Preferred Guarantee Trustee, unless such defaults have been cured before the giving of such notice, provided, ; provided that, except in the case of a default in the payment of a Guarantee Payment, the Preferred Guarantee 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 Preferred Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders.
(b) The Preferred Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless the Preferred Guarantee Trustee shall have received written notice, or a Responsible Officer charged with the administration of this Guarantee Agreement the Declaration shall have obtained written notice, of such Event of Default.
Appears in 2 contracts
Sources: Guarantee Agreement (Scottish Annuity & Life Holdings LTD), Guarantee Agreement (Scottish Annuity & Life Holdings LTD)
Event of Default; Notice. (a) The Guarantee Trustee shall, within 90 days after the occurrence of an Event of DefaultDefault known to the Guarantee Trustee, transmit by mail, first class postage prepaid, to the Holders, notices of all such Events of Default known to the Guarantee TrusteeDefault, unless such defaults have been cured or waived before the giving of such notice, provided, that, except in the case of a default in the payment of a Guarantee Payment, the Guarantee 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 of the Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders.
(b) The Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless the Guarantee Trustee shall have received written notice, or a Responsible Officer of the Guarantee Trustee charged with the administration of this Guarantee the Trust Agreement shall have actual knowledge or shall have obtained written notice, of such Event of Default.
Appears in 2 contracts
Sources: Preferred Securities Guarantee Agreement (PartnerRe Finance B LLC), Preferred Securities Guarantee Agreement (PartnerRe Finance B LLC)
Event of Default; Notice. (a) The Exchange Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the Holders, notices of all Events of Default known to the Exchange Guarantee Trustee, unless such defaults have been cured before the giving of such notice, provided, that, except in the case of a default in the payment of a Guarantee Payment, the Exchange Guarantee 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 Exchange Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders.
(b) The Exchange Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless the Exchange Guarantee Trustee shall have received written notice, or a Responsible Officer charged with the administration of this Guarantee Agreement the Declaration shall have obtained written notice, of such Event of Default.
Appears in 2 contracts
Sources: Exchange Guarantee Agreement (Symons International Group Inc), Exchange Guarantee Agreement (Superior National Insurance Group Inc)
Event of Default; Notice. (a) The Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the Holders, notices of all Events of Default actually known to the Guarantee Trustee, unless such defaults have been cured before the giving of such notice, provided, that, except in the case of a default in the payment of a Guarantee Payment, the Guarantee 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 Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders.. 9 5
(b) The Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless the Guarantee Trustee shall have received written notice, or a Responsible Officer charged with the administration of this Guarantee Agreement shall have obtained written notice, of such Event of Default.
Appears in 2 contracts
Sources: Guarantee Agreement (Mbna Corp), Guarantee Agreement (Mbna Corp)
Event of Default; Notice. (a) The Preferred Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the Holders, notices of all Events of Default actually known to the Preferred Guarantee Trustee, unless such defaults have been cured before the giving of such notice, provided, that, except in the case of a default in the payment of a Guarantee Payment, the Preferred Guarantee 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 Preferred Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders.
(b) The Preferred Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless the Preferred Guarantee Trustee shall have received written notice, or a Responsible Officer charged with the administration of this Guarantee Agreement the Declaration shall have obtained written notice, of such Event of Default.
Appears in 2 contracts
Sources: Guarantee Agreement (Nationwide Financial Services Inc/), Guarantee Agreement (Nationwide Financial Services Inc/)
Event of Default; Notice. (a) The Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the Holders, notices of all Events of Default actually known to a Responsible Officer of the Guarantee Trustee, unless such defaults have been cured before the giving of such notice, provided, that, except in the case of a default in the payment of a Guarantee Payment, the Guarantee Trustee shall be fully 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 Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders.
(b) The Guarantee Trustee shall not be deemed to have actual knowledge of any Event of Default unless the Guarantee Trustee shall have received written notice, or a Responsible Officer charged with the administration of this Guarantee Agreement shall have obtained written notice, of such Event of Default.a
Appears in 2 contracts
Sources: Guarantee Agreement (Tower Automotive Inc), Guarantee Agreement (Newfield Financial Trust Ii)
Event of Default; Notice. (a) The Guarantee Trustee shall, within 90 10 days after the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the Holders, notices of all Events of Default known to the Guarantee Trustee, unless such defaults Events of Default have been cured before the giving of such notice, ; provided, that, except in the case of a default in the payment of a Guarantee Payment, the Guarantee 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 Guarantee Trustee in good faith determines determine that the withholding of such notice is in the interests of the Holders.
(b) The Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless a Responsible Officer of the Guarantee Trustee shall have received written notice, or a Responsible Officer charged with the administration of this Guarantee Agreement shall have obtained written notice, notice of such Event of Default.
Appears in 2 contracts
Sources: Preferred Securities Guarantee Agreement (Calpine Corp), Preferred Securities Guarantee Agreement (Calpine Capital Trust)
Event of Default; Notice. (a) The Guarantee Trustee shall, within 90 30 days after the occurrence of an Event of DefaultDefault known to the Guarantee Trustee, transmit by mail, first class postage prepaid, to the Holders, notices notice of all Events any such Event of Default known to the Guarantee Trustee, unless such defaults have Event of Default has been cured before the giving of such notice, provided, provided that, except in the case of a default in the payment of a Guarantee Payment, the Guarantee 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 of the Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders.
(b) The Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless the Guarantee Trustee shall have received written notice, or a Responsible Officer charged with the administration of this Guarantee Agreement shall have obtained written notice, of such Event of Default.
Appears in 2 contracts
Sources: Guarantee Agreement (M&i Capital Trust C), Guarantee Agreement (Marshall & Ilsley Corp/Wi/)
Event of Default; Notice. (a) The Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the Holders, notices of all Events of Default actually known to a Responsible Officer of the Guarantee Trustee, unless such defaults have been cured before the giving of such notice, provided, that, except in the case of a default in the payment of a Guarantee Payment, the Guarantee 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 of the Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders.
(b) The Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless a Responsible Officer of the Guarantee Trustee shall have received written notice, or a Responsible Officer charged with the administration of this Guarantee Agreement shall have obtained written notice, notice of such Event of Default.
Appears in 2 contracts
Sources: Guarantee Agreement (AmerUs Capital V), Guarantee Agreement (AmerUs Capital V)
Event of Default; Notice. (a) The Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the HoldersHolders of the Trust Preferred Securities, notices of all Events of Default actually known to a Responsible Officer of the Guarantee Trustee, unless such defaults have been cured before the giving of such notice, provided, that, except in the case of a default in the payment of a Guarantee Payment, ; provided that the Guarantee 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 Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the HoldersHolders of the Trust Preferred Securities.
(b) The Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless the Guarantee Trustee shall have received written notice, or of which a Responsible Officer of the Guarantee Trustee charged with the administration of this Guarantee Agreement the Declaration of Trust shall have obtained written notice, of such Event of Defaultactual knowledge.
Appears in 2 contracts
Sources: Guarantee Agreement (Lehman Brothers Holdings Inc), Guarantee Agreement (Lehman Brothers Holdings Inc)
Event of Default; Notice. (a) The Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the Holders, notices of all Events of Default known to the Guarantee Trustee, unless such defaults Events of Default have been cured before the giving of such notice, ; provided, that, except in the case of a default in the payment of a Guarantee Payment, the Guarantee 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 Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders.
(b) The Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless the Guarantee Trustee shall have received written notice, or a Responsible Officer charged with the administration of this Guarantee Agreement the Declaration of Trust shall have obtained received written notice, notice of such Event of Default.
Appears in 2 contracts
Sources: Guarantee Agreement (Republic New York Corp), Guarantee Agreement (Republic New York Corp)
Event of Default; Notice. (a) The Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the Holders, notices notice of all Events any such Event of Default known to the Guarantee Trustee, unless such defaults have Event of Default has been cured before the giving of such notice, provided, provided that, except in the case of a default in the payment of a Guarantee Payment, the Guarantee 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 of the Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders.
(b) The Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless the Guarantee Trustee shall have received written notice, or a Responsible Officer of the Guarantee Trustee charged with the administration of this Guarantee Agreement shall have obtained written notice, actual knowledge of such Event of Default.
Appears in 2 contracts
Sources: Guarantee Agreement (Southwest Bancorp Inc), Guarantee Agreement (Southwest Bancorp Inc)
Event of Default; Notice. (a) The Partnership Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the HoldersHolders of the Partnership Preferred Securities, notices of all Events of Default actually known to a Responsible Officer of the Partnership Guarantee Trustee, unless such defaults have been cured before the giving of such notice, ; provided, thathowever, except in that the case of a default in the payment of a Guarantee Payment, the Partnership Guarantee 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 Partnership Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the HoldersHolders of the Partnership Preferred Securities.
(b) The Partnership Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless the Partnership Guarantee Trustee shall have received written notice, or of which a Responsible Officer of the Partnership Guarantee Trustee charged with the administration of this Guarantee the Trust Agreement shall have obtained written notice, of such Event of Defaultactual knowledge.
Appears in 2 contracts
Sources: Partnership Guarantee Agreement (Hei Preferred Funding L P), Partnership Guarantee Agreement (Hawaiian Electric Industries Inc)
Event of Default; Notice. (a) The Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the HoldersHolders of the Convertible Preferred Securities, notices of all Events of Default known to the Guarantee Trustee, unless such defaults have been cured before the giving of such notice, provided, that, except in the case of a default in the payment of a Guarantee Payment, ; provided that the Guarantee Trustee shall be protected in withholding such notice if and so long as the Board board of Directorsdirectors, the executive committee committee, or a trust committee of directors and/or Responsible Officers of the Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the HoldersHolders of the Convertible Preferred Securities.
(b) The Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless the Guarantee Trustee shall have received written notice, or a Responsible Officer charged with the administration of this Guarantee Agreement the Declaration shall have obtained written notice, of such Event of Default.
Appears in 2 contracts
Sources: Convertible Preferred Securities Guarantee Agreement (Citizens Utilities Capital L P), Convertible Preferred Securities Guarantee Agreement (Citizens Utilities Capital L P)
Event of Default; Notice. (a) The Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the Holders, notices of all Events of Default known to a Responsible Officer of the Guarantee Trustee, unless such defaults Events of Default have been cured before the giving of such notice, provided, ; provided that, except in the case of a default in the payment of a Guarantee Payment, the Guarantee 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 Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders.
(b) The Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless the Guarantee Trustee shall have received written notice, or a Responsible Officer charged with the administration of this Guarantee Agreement shall have obtained received written notice, notice of such Event of Default.
Appears in 2 contracts
Sources: Guarantee Agreement (BNB Capital Trust), Guarantee Agreement (Broad National Bancorporation)
Event of Default; Notice. (a) The Guarantee Trustee shall, within 90 days after the occurrence of an Event of DefaultDefault actually known to the Guarantee Trustee, transmit by mail, first first-class postage prepaid, to the Holders, notices of all Events of Default known to the Guarantee Trustee, unless such defaults have been cured before the giving of such notice, provided, ; PROVIDED that, except in the case of a default in the payment of a Guarantee Payment, the Guarantee Trustee shall be protected in withholding such notice if and so long as the Board board of Directorsdirectors, the executive committee committee, or a trust committee of directors and/or Responsible Officers of the Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders.
(b) The Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless except any Event of Default as to which the Guarantee Trustee shall have received written notice, notice or a Responsible Officer charged with the administration of this Guarantee Agreement the Declaration shall have obtained written notice, of such Event of Default.
Appears in 2 contracts
Sources: Preferred Securities Guarantee Agreement (Chemed Capital Trust), Preferred Securities Guarantee Agreement (Chemed Corp)
Event of Default; Notice. (a) The Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the Holders, notices of all Events of Default actually known to the Guarantee Trustee, unless such defaults have been cured before the giving of such notice, provided, that, except in the case of a default in the payment of a Guarantee Payment, the Guarantee 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 the Board of Directors and/or Responsible Officers of the Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders.
(b) The Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless the Guarantee Trustee shall have received written notice, or a Responsible Officer charged with the administration of this Guarantee Agreement shall have obtained written notice, of such Event of Default.
Appears in 2 contracts
Sources: Guarantee Agreement (First Tennessee National Corp), Guarantee Agreement (Delphi Financial Group Inc/De)
Event of Default; Notice. (a) The Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the Holders, notices notice of all any such Events of Default actually known to the Guarantee Trustee, unless such defaults have been cured before the giving of such notice, provided, that, except in the case of a default in the payment of a Guarantee Payment, the Guarantee 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 of the Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders.
(b) The Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless the Guarantee Trustee shall have received written notice, or a Responsible Officer charged with the administration of this Guarantee Agreement shall have obtained written notice, of such Event of Default.
Appears in 2 contracts
Sources: Guarantee Agreement (Pennsylvania Power & Light Co /Pa), Guarantee Agreement (Pennsylvania Power & Light Co /Pa)
Event of Default; Notice. (a) The Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the Holders, notices of all Events of Default known to the Guarantee Trustee, unless such defaults have been cured before the giving of such notice, provided, that, except in the case of a default in the payment of a Guarantee Payment, the Guarantee 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 of the Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders.
(b) The Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless the Guarantee Trustee shall have received written notice, or a Responsible Officer charged with the administration of this Guarantee Agreement the Declaration shall have obtained written notice, of such Event of Default.
Appears in 2 contracts
Sources: Guarantee Agreement (Fresenius Medical Care Corp), Guarantee Agreement (Fresenius Medical Care Corp)
Event of Default; Notice. (a) The Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the Holders, notices of all Events of Default known to the Guarantee Trustee, unless such defaults have been cured before the giving of such notice, provided, provided that, except in the case of a default in the payment of a Guarantee Payment, the Guarantee Trustee shall be protected in withholding such notice if and so long as the Board board of Directorsdirectors, the executive committee committee, or a trust committee of directors and/or or Responsible Officers of the Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders.
(b) The Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless the Guarantee Trustee shall have received written notice, or a Responsible Officer charged with the administration of this Guarantee the Partnership Agreement shall have obtained written notice, of such Event of Default.
Appears in 2 contracts
Sources: Guarantee Agreement (Entergy Power Uk PLC), Guarantee Agreement (Entergy London Capital Lp)
Event of Default; Notice. (a) The Trust Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the Holders, notices a notice of all Events such Event of Default known to the Trust Guarantee Trustee, unless such defaults default shall have been cured or waived before the giving of such notice, provided, that, except in provided that the case of a default in the payment of a Guarantee Payment, the Trust Guarantee 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 Trust Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders.
(b) The Trust Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless a Responsible Officer of the Trust Guarantee Trustee charged with the administration of the Trust Agreement shall have received a written notice, notice thereof or a Responsible Officer of the Trust Guarantee Trustee charged with the administration of this Preferred Trust Securities Guarantee Agreement shall have obtained written notice, of such Event of Defaultactual knowledge thereof.
Appears in 2 contracts
Sources: Preferred Trust Securities Guarantee Agreement (Texas Utilities Co /Tx/), Preferred Trust Securities Guarantee (Txu Europe Funding I L P)
Event of Default; Notice. (a) The Guarantee Trustee shall, within 90 days after the occurrence of an Event of DefaultDefault known to the Guarantee Trustee, transmit by mail, first class postage prepaid, to the Holders, notices of all such Events of Default known to the Guarantee Trustee, unless such defaults have been cured or waived before the giving of such notice, ; provided, that, except in the case of a default in the payment of a Guarantee Payment, the Guarantee 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 Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders.
(b) The Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless the Guarantee Trustee shall have received written notice, or a Responsible Respon- sible Officer charged with the administration of this Guarantee the Trust Agreement shall have obtained written notice, of such Event of Default.
Appears in 2 contracts
Sources: Guarantee Agreement (Wisconsin Energy Corp), Guarantee Agreement (Wec Capital Trust Ii)
Event of Default; Notice. (a) The Guarantee Trustee shall, within 90 days after the occurrence of an Event of DefaultDefault actually known to the Guarantee Trustee, transmit by mail, first first-class postage prepaid, to the Holders, notices of all Events of Default known to the Guarantee Trustee, unless such defaults have been cured before the giving of such notice, provided, ; provided that, except in the case of a default in the payment of a Guarantee Payment, the Guarantee Trustee shall be protected in withholding such notice if and so long as the Board board of Directorsdirectors, the executive committee committee, or a trust committee of directors and/or Responsible Officers of the Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders.
(b) The Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless except any Event of Default as to which the Guarantee Trustee shall have received written notice, notice or a Responsible Officer charged with the administration of this Guarantee Agreement the Declaration shall have obtained written notice, of such Event of Default.
Appears in 2 contracts
Sources: Preferred Securities Guarantee Agreement (Chemed Corp), Preferred Securities Guarantee Agreement (Chemed Capital Trust)
Event of Default; Notice. (a) The Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the HoldersHolders (and, if for so long as a Trust is the Holder, also to the holders of the Trust Securities), notices of all Events of Default actually known to a Responsible Officer of the Guarantee Trustee, unless such defaults have been cured before the giving of such notice, provided, that, except in the case of a default in the payment of a Guarantee Payment, the Guarantee 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 of the Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders.
(b) The Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless a Responsible Officer of the Guarantee Trustee shall have received written notice, or a Responsible Officer charged with the administration of this Guarantee Agreement shall have obtained written notice, notice of such Event of Default.
Appears in 2 contracts
Sources: Guarantee Agreement (AmerUs Capital V), Guarantee Agreement (AmerUs Capital V)
Event of Default; Notice. (a) The Guarantee Trustee shall, within 90 days after the occurrence of an Event of DefaultDefault actually known to the Guarantee Trustee, transmit by mail, first class postage prepaid, to the Holders, notices of all such Events of Default known to the Guarantee TrusteeDefault, unless such defaults have been cured or waived before the giving of such notice, provided, that, except in the case of a default in the payment of a Guarantee Payment, the Guarantee 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 Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders.
(b) The Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless the Guarantee Trustee shall have received written notice, or a Responsible Officer charged with the administration of this Guarantee Agreement shall have obtained written notice, of such Event of Default.
Appears in 2 contracts
Sources: Guarantee Agreement (FPC Capital Ii), Guarantee Agreement (Oneok Inc /New/)
Event of Default; Notice. (a) The Trust Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the Holders, notices of all Events of Default known to the Trust Guarantee Trustee, unless such defaults have been cured before the giving of such notice, provided, provided that, except in the case of a default in the payment of a Guarantee Payment, the Trust Guarantee 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 or Responsible Officers of the Trust Guarantee Trustee in good faith determines determine that the withholding of such notice is in the interests of the Holders.
(b) The Trust Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless a Responsible Officer of the Trust Guarantee Trustee shall have received written notice, or a Responsible Officer charged with the administration of this Guarantee Agreement shall have obtained written notice, notice of such Event of Default.
Appears in 2 contracts
Sources: Trust Guarantee Agreement (Hawaiian Electric Co Inc), Trust Guarantee Agreement (Maui Electric Co LTD)