Event of Default; Notice. (a) The Preferred Securities Guarantee Trustee shall, within 90 days after the occurrence of a default with respect to this Preferred Securities Guarantee, mail by first class postage prepaid, to all Holders of the Preferred Securities, notices of all defaults actually known to a Responsible Officer of the Preferred Securities Guarantee Trustee, unless such defaults have been cured before the giving of such notice, provided, that, except in the case of default in the payment of any Guarantee Payment, the Preferred 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 Preferred Securities Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders of the Preferred Securities. (b) The Preferred Securities Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless the Preferred Securities Guarantee Trustee shall have received written notice, or a Responsible Officer of the Preferred Securities Guarantee Trustee shall have obtained actual knowledge, of such Event of Default.
Appears in 7 contracts
Sources: Preferred Securities Guarantee Agreement (Hercules Inc), Preferred Securities Guarantee Agreement (Hercules Inc), Preferred Securities Guarantee Agreement (Radio One Licenses LLC)
Event of Default; Notice. (a) The Trust Preferred Securities Guarantee Trustee shall, within 90 ninety (90) days after the occurrence of a default with respect to this Preferred Securities Guaranteean Event of Default, mail transmit by mail, first class postage prepaid, to all the Holders of the Trust Preferred Securities, notices of all defaults Events of Default actually known to a Responsible Officer of the Trust Preferred Securities 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 any Guarantee Paymentobligations, the Trust Preferred Securities Guarantee Trustee shall be protected in withholding such notice if and so long as the board of directors, the executive committee, committee or a trust committee of the directors and/or Responsible Officers of the Trust Preferred Securities Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders of the Trust Preferred Securities.
(b) . The Trust Preferred Securities Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless the Trust Preferred Securities Guarantee Trustee shall have received written noticenotice of such Event of Default, or a Responsible Officer of the Trust Preferred Securities Guarantee Trustee charged with the administration of the Trust Agreement shall have obtained actual knowledge, knowledge of such Event of Default.
Appears in 7 contracts
Sources: Trust Preferred Securities Guarantee Agreement (San Rafael Bancorp), Trust Preferred Securities Guarantee Agreement (Alabama National Bancorporation), Trust Preferred Securities Guarantee Agreement (United Bancorporation of Alabama Inc)
Event of Default; Notice. (a) The Trust Preferred Securities Guarantee Trustee shall, within 90 days after the occurrence of a default with respect to this Preferred Securities Guaranteean Event of Default, mail transmit by mail, first class postage prepaid, to all the Holders of the Trust Preferred Securities, Securities notices of all defaults Events of Default actually known to a Responsible Officer of the Trust Preferred Securities Guarantee Trustee, unless such defaults Events of Default have been cured before the giving of such notice, ; provided, that, except in the case of default in the payment of any Guarantee Payment, the Trust Preferred 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 Officer of the Trust Preferred Securities Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders of the Trust Preferred Securities.
(b) The Trust Preferred Securities Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless a Responsible Officer of the Trust Preferred Securities Guarantee Trustee shall have received written notice, or a Responsible Officer of the Trust Preferred Securities Guarantee Trustee charged with the administration of this Trust Preferred Guarantee shall have obtained actual knowledge, of such Event of Default.
Appears in 7 contracts
Sources: Subordinated Guarantee Agreement (Deutsche Bank Contingent Capital LLC V), Subordinated Guarantee Agreement (Deutsche Bank Aktiengesellschaft), Subordinated Guarantee Agreement (Deutsche Bank Capital Funding LLC IX)
Event of Default; Notice. (a) The Class B Preferred Securities Guarantee Trustee shall, within 90 days after the occurrence of a default with respect to this Preferred Securities Guaranteean Event of Default, mail transmit by mail, first class postage prepaid, to all the Holders of the Class B Preferred Securities (and, for so long as the Initial Holder is the Holder of the Class B Preferred Securities, also to the Holders of the Trust Preferred Securities), notices of all defaults Events of Default actually known to a Responsible Officer of the Class B Preferred Securities Guarantee Trustee, unless such defaults Events of Default have been cured before the giving of such notice, ; provided, that, except in the case of default in the payment of any Guarantee Payment, the Class B Preferred 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 Officer of the Class B Preferred Securities Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders of the Class B Preferred Securities or Trust Preferred Securities.
(b) The Class B Preferred Securities Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless a Responsible Officer of the Class B Preferred Securities Guarantee Trustee shall have received written notice, or a Responsible Officer of the Class B Preferred Securities Guarantee Trustee charged with the administration of this Class B Preferred Guarantee shall have obtained actual knowledge, of such Event of Default.
Appears in 6 contracts
Sources: Subordinated Guarantee Agreement (Deutsche Bank Contingent Capital LLC V), Subordinated Guarantee Agreement (Deutsche Bank Contingent Capital LLC III), Subordinated Guarantee Agreement (Deutsche Bank Contingent Capital LLC II)
Event of Default; Notice. (a) The Trust Preferred Securities Guarantee Trustee shall, within 90 days after the occurrence of a default with respect to this Preferred Securities Guaranteean Event of Default, mail transmit by mail, first class postage prepaid, to all the Holders of the Trust Preferred Securities, notices of all defaults Events of Default actually known to a Responsible Officer of the Trust Preferred Securities Guarantee Trustee, unless such defaults have been cured before the giving of such notice, provided, that, except in the case of default in the payment of any Guarantee Payment, the Trust Preferred 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 Officer of the Trust Preferred Securities Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders of the Trust Preferred Securities Trust Preferred Securities.
(b) The Trust Preferred Securities Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless the Trust Preferred Securities Guarantee Trustee shall have received written notice, or of which a Responsible Officer of the Trust Preferred Securities Guarantee Trustee charged with the administration of the Declaration shall have obtained actual knowledge, of such Event of Default.
Appears in 5 contracts
Sources: Trust Preferred Securities Guarantee Agreement (Capita Preferred Trust), Trust Preferred Securities Guarantee Agreement (Enron Capital Trust I), Trust Preferred Securities Guarantee Agreement (Enron Capital Trust Ii)
Event of Default; Notice. (a) The Trust Preferred Securities Guarantee Trustee shall, within 90 days after the occurrence of a default with respect to this Preferred Securities Guaranteean Event of Default, mail transmit by mail, first class postage prepaid, to all the Holders of the Trust Preferred Securities, notices of all defaults Events of Default actually known to a Responsible Officer of the Trust Preferred Securities Guarantee Trustee, unless such defaults have been cured before the giving of such notice, provided, that, except in the case of default in the payment of any Guarantee Payment, the Trust Preferred 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 Officer of the Trust Preferred Securities Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders of the Trust Preferred Securities Trust Preferred Securities.
(b) The Trust Preferred Securities Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless the Trust Preferred Securities Guarantee Trustee shall have received written notice, or a Responsible Officer of the Trust Preferred Securities Guarantee Trustee charged with the administration of the Declaration shall have obtained actual knowledge, of such Event of Default.
Appears in 4 contracts
Sources: Trust Preferred Securities Guarantee Agreement (Uds Funding Ii Lp), Trust Preferred Securities Guarantee Agreement (Merrill Lynch Preferred Capital Trust Iv), Trust Preferred Securities Guarantee Agreement (Uds Funding Ii Lp)
Event of Default; Notice. (a) The Preferred Securities Guarantee Trustee shall, within 90 days after the occurrence of a default with respect to this Preferred Securities Guarantee, mail by first class postage prepaid, to all Holders of the Preferred Securities, notices of all defaults actually known to a Responsible Officer of the Preferred Securities Guarantee Trustee, unless such defaults have been cured before the giving of such notice, provided, that, ; provided that except in the case of default in the payment of any Guarantee Payment, the Preferred Securities Guarantee Trustee shall be protected in withholding such notice if and so long as the board of directors, the executive committee, committee or a trust committee of directors and/or Responsible Officers of the Preferred Securities Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders of the Preferred Securities.
(b) The Preferred Securities Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless the Preferred Securities Guarantee Trustee shall have received written notice, or a Responsible Officer of the Preferred Securities Guarantee Trustee charged with the administration of this Preferred Securities Guarantee shall have obtained actual knowledge, of such Event of Default.
Appears in 4 contracts
Sources: Preferred Securities Guarantee Agreement (American General Corp /Tx/), Preferred Securities Guarantee Agreement (American General Corp /Tx/), Preferred Securities Guarantee Agreement (American General Corp /Tx/)
Event of Default; Notice. (a) The Trust Preferred Securities Guarantee Trustee shall, within 90 days after the occurrence of a default with respect to this Preferred Securities Guaranteean Event of Default, mail transmit by mail, first class postage prepaid, to all the Holders of the Trust Preferred Securities, notices of all defaults Events of Default actually known to a Responsible Officer of the Trust Preferred Securities Guarantee Trustee, unless such defaults have been cured before the giving of such notice, provided, that, except in the case of default in the payment of any Guarantee Payment, the Trust Preferred 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 Officer of the Trust Preferred Securities Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders of the Trust Preferred Securities.
(b) The Trust Preferred Securities Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless the Trust Preferred Securities Guarantee Trustee shall have received written notice, or a Responsible Officer of the Trust Preferred Securities Guarantee Trustee charged with the administration of the Declaration shall have obtained actual knowledge, of such Event of Default.
Appears in 4 contracts
Sources: Trust Preferred Securities Guarantee Agreement (BAC Capital Trust XVII), Trust Preferred Securities Guarantee Agreement (BAC Capital Trust XVII), Trust Preferred Securities Guarantee Agreement (BAC Capital Trust XVII)
Event of Default; Notice. (a) The Preferred Securities Guarantee Trustee shall, within 90 days after a Responsible Officer of the Preferred Securities Guarantee Trustee obtains actual knowledge of the occurrence of a default with respect to this Preferred Securities Guaranteean Event of Default, mail transmit by mail, first class postage prepaid, to all Holders of the Preferred SecuritiesHolders, notices of all defaults such Events of Default actually known to a such Responsible Officer of the Preferred Securities Guarantee Trustee, unless such defaults have been cured before the giving of such notice, provided, that, except in the case of default in the payment of any Guarantee Payment, the Preferred 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 Officer of the Preferred Securities Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders of the Preferred SecuritiesHolders.
(b) The Preferred Securities Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless the Preferred Securities Guarantee Trustee shall have received written noticenotice thereof, or a Responsible Officer of the Preferred Securities Guarantee Trustee charged with the administration of the Declaration shall have obtained actual knowledge, of such Event of Defaultknowledge thereof.
Appears in 4 contracts
Sources: Preferred Securities Guarantee Agreement (MetLife Capital Trust V), Preferred Securities Guarantee Agreement (Cccisg Capital Trust), Preferred Securities Guarantee Agreement (GBL Trust I)
Event of Default; Notice. (a) The Preferred Securities Guarantee Property Trustee shall, within 90 days after the occurrence of a any default with respect to this Preferred Securities Guaranteethe Securities, mail transmit by mail, first class postage prepaid, to all the Holders of the Preferred SecuritiesSecurities and to the Sponsor, notices of all such defaults actually known to a Responsible Officer of the Preferred Securities Guarantee Property Trustee, unless such defaults have been cured before the giving of such noticenotice (the term "defaults" for the purposes of this Section 2.7(a) being hereby defined to be a Default as defined in the Indenture, provided, 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 for (i) a default in the payment of principal of (or premium, if any) or interest on any Guarantee Paymentof the Debentures or (ii) any failure by the Company to deliver the required securities or other rights upon a conversion or exchange election, the Preferred Securities Guarantee Property 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 Securities Guarantee Property Trustee in good faith determines that the withholding of such notice is in the interests of the Holders of the Preferred Securities.
(b) The Preferred Securities Guarantee Property Trustee shall not be deemed to have actual knowledge of any default except:
(i) a default under Sections 6.01(a) and 6.01(b) of the Indenture; or
(ii) any default as to which the Property Trustee shall have received written notice or of which a Responsible Officer of the Property Trustee charged with the administration of the Agreement shall have actual knowledge.
(c) Within ten Business Days after the occurrence of any Event of Default unless the Preferred Securities Guarantee Trustee shall have received written notice, or actually known to a Responsible Officer of the Preferred Securities Guarantee Property Trustee, the Property Trustee shall have obtained actual knowledge, transmit notice of such Event of DefaultDefault to the Holders of the Preferred Securities, the Administrative Trustees and the Sponsor, unless such Event of Default shall have been cured, waived or otherwise eliminated. The Sponsor and the Administrative Trustees shall file annually with the Property Trustee a certification as to whether or not they are in compliance with all the conditions and covenants applicable to them under this Agreement.
Appears in 4 contracts
Sources: Trust Agreement (Hercules Inc), Trust Agreement (Hercules Inc), Trust Agreement (Hercules Inc)
Event of Default; Notice. (a) The Preferred Securities Guarantee Trustee shall, within 90 days after the occurrence of a default with respect to this Preferred Securities Guaranteean Event of Default, mail transmit by mail, first class postage prepaid, to all the Holders of the Preferred Securities, notices of all defaults Events of Default actually known to a Responsible Officer of the Preferred Securities Guarantee Trustee, unless such defaults have been cured before the giving of such notice, ; provided, that, except in the case of a default in by Guarantor under the terms of this Preferred Securities Guarantee on any of its payment of any Guarantee Paymentobligations, the Preferred 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 Officer of the Preferred Securities Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders of the Preferred Securities.
(b) The Preferred Securities Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless the Preferred Securities Guarantee Trustee shall have received written notice, or of which a Responsible Officer of the Preferred Securities Guarantee Trustee charged with the administration of the Trust Agreement shall have obtained actual knowledge, knowledge of such Event of Default.
Appears in 4 contracts
Sources: Preferred Securities Guarantee Agreement (First Busey Capital Trust I), Preferred Securities Guarantee Agreement (Baylake Capital Trust I), Preferred Securities Guarantee Agreement (Team Financial Capital Trust I)
Event of Default; Notice. (a) The Preferred Securities Guarantee Trustee shall, within 90 days after the occurrence of a default with respect to this Preferred Securities Guaranteean Event of Default, mail transmit by mail, first class postage prepaid, to all the Holders of the Preferred Securities, notices of all defaults Events of Default actually known to a Responsible Officer of the Preferred Securities 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 any a Guarantee Payment, ,] the Preferred Securities 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 and/or] a Responsible Officers Officer of the Preferred Securities Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders of the Preferred Securities.
(b) The Preferred Securities Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless the Preferred Securities Guarantee Trustee shall have received written notice, or of which a Responsible Officer of the Preferred Securities Guarantee Trustee charged with the administration of the Declaration shall have obtained actual knowledge, of such Event of Default.
Appears in 3 contracts
Sources: Preferred Securities Guarantee Agreement (Allstate Corp), Preferred Securities Guarantee Agreement (Allstate Corp), Preferred Securities Guarantee Agreement (Allstate Financing Vi)
Event of Default; Notice. (a) The Preferred Securities Guarantee Trustee shall, within 90 days after the occurrence of a default with respect to this Preferred Securities Guaranteean Event of Default, mail transmit by mail, first class postage prepaid, to all Holders the Holders, notice of the Preferred Securities, notices any such Event of all defaults actually Default known to a Responsible Officer of the Preferred Securities 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 any a Guarantee Payment, the Preferred Securities Guarantee Trustee shall be protected in withholding such notice if and so long as the board of directors, the executive committee, committee or a trust committee of directors and/or Responsible Officers of the Preferred Securities Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders of the Preferred SecuritiesHolders.
(b) The Preferred Securities Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless the Preferred Securities Guarantee Trustee shall have received written notice, or a Responsible Officer charged with the administration of the Preferred Securities this Guarantee Trustee Agreement shall have obtained actual knowledge, of such Event of Default.
(c) Subject to the provisions of Section 5.4 hereof, in the case of a default by the Guarantor in any of its payment obligations under this Guarantee Agreement, when and as the same shall become due and payable, the Guarantee Trustee shall have the right, subject to the rights of the Holders hereunder, to recover judgment against the Guarantor for the whole amount of such payments remaining unpaid.
Appears in 3 contracts
Sources: Guarantee Agreement (South Carolina Electric & Gas Co), Guarantee Agreement (Scana Corp), Guarantee Agreement (Scana Corp)
Event of Default; Notice. (a) The Preferred Securities Guarantee Trustee shall, within 90 days after the occurrence of a default with respect to this Preferred Securities Guaranteean Event of Default, mail transmit by mail, first class postage prepaid, to all the Holders of the Preferred Securities, notices of all defaults Events of Default actually known to a Responsible Officer of the Preferred Securities 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 any Guarantee Paymentobligations, the Preferred 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 Officer of the Preferred Securities Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders of the Preferred Securities.
(b) The Preferred Securities Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless the Preferred Securities Guarantee Trustee shall have received written notice, or of which a Responsible Officer of the Preferred Securities Guarantee Trustee charged with the administration of the Trust Agreement shall have obtained actual knowledge, of such Event of Default.
Appears in 3 contracts
Sources: Preferred Securities Guarantee Agreement (Wintrust Capital Trust I), Preferred Securities Guarantee Agreement (Wintrust Capital Trust I), Preferred Securities Guarantee Agreement (Wintrust Financial Corp)
Event of Default; Notice. (a) The Preferred Trust Securities Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default actually known to a default with respect to this Preferred Responsible Officer of the Trust Securities GuaranteeGuarantee Trustee, mail by first first-class postage prepaid, to all Holders of the Preferred SecuritiesHolders, notices of all defaults actually known to a Responsible Officer of the Preferred Securities Guarantee TrusteeOfficer, unless such defaults have been cured before the giving of such notice, provided, provided that, except in the case of default in the payment of any Guarantee Payment, the Preferred Trust 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 a Responsible Officers Officer of the Preferred Trust Securities Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders of the Preferred SecuritiesHolders.
(b) The Preferred Trust Securities Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless the Preferred Trust Securities Guarantee Trustee shall have received written noticenotice from the Guarantor, or a Responsible Officer officer charged with the administration of the Preferred this Trust Securities Guarantee Trustee shall have obtained actual knowledge, of such Event of Default.
Appears in 3 contracts
Sources: Guarantee Agreement (Affiliated Managers Group Inc), Guarantee Agreement (Boston Private Financial Holdings Inc), Guarantee Agreement (Affiliated Managers Group Inc)
Event of Default; Notice. (a) The Preferred Securities Guarantee Trustee shall, within 90 days after receipt of notice by a Responsible Officer of the occurrence of a default with respect to this Preferred Securities Guaranteean Event of Default, mail transmit by mail, first class postage prepaid, to all the Holders of the Preferred Securities, notices of all defaults Events of Default actually known to a Responsible Officer of the Preferred Securities Guarantee Trustee, unless such defaults have been cured or waived before the giving of such notice, ; provided, that, except in the case of an Event of Default other than a default in the payment of any Guarantee Payment, obligations under the Preferred Securities Guarantee, that 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 Officer of the Preferred Securities Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders of the Preferred Securities.
(b) The Preferred Securities Guarantee Trustee shall not be deemed to have knowledge of any an Event of Default unless the Preferred Securities Guarantee Trustee shall have received written noticenotice of such Event of Default, or a Responsible Officer of the Preferred Securities Guarantee Trustee charged with the administration of the Trust Agreement shall have obtained actual knowledge, knowledge of such Event of Default.
Appears in 3 contracts
Sources: Preferred Securities Guarantee Agreement (RBC Centura Banks Inc), Preferred Securities Guarantee Agreement (RBC Centura Banks Inc), Preferred Securities Guarantee Agreement (RBC Centura Banks Inc)
Event of Default; Notice. (a) The Trust Preferred Securities Guarantee Trustee shall, within 90 days five (5) Business Days after the occurrence of a default with respect to this Preferred Securities Guaranteean Event of Default, mail transmit by mail, first class postage prepaid, to all the Holders of the Trust Preferred Securities, notices of all defaults Events of Default actually known to a Responsible Officer of the Trust Preferred Securities 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 any Guarantee Paymentobligations, the Trust Preferred 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 Officer of the Trust Preferred Securities Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders of the Trust Preferred Securities.
(b) The Trust Preferred Securities Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless the Trust Preferred Securities Guarantee Trustee shall have received written notice, or of which a Responsible Officer of the Trust Preferred Securities Guarantee Trustee charged with the administration of the Trust Agreement shall have obtained actual knowledge, of such Event of Default.
Appears in 3 contracts
Sources: Trust Preferred Securities Guarantee Agreement (Prosperity Capital Trust I), Trust Preferred Securities Guarantee Agreement (Paradigm Capital Trust Ii), Trust Preferred Securities Guarantee Agreement (Paradigm Capital Trust Ii)
Event of Default; Notice. (a) The Trust Preferred Securities Guarantee Trustee shall, within 90 days after a Responsible Officer has knowledge of the occurrence of a default with respect to this Preferred Securities Guaranteean Event of Default, mail transmit by mail, first class postage prepaid, to all the Holders of the Trust Preferred Securities, notices of all defaults Events of Default actually known to a Responsible Officer of the Trust Preferred Securities Guarantee Trustee, unless such defaults have been cured before the giving of such notice, provided, that, except in the case of default in the payment of any Guarantee Payment, the Trust Preferred 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 Officer of the Trust Preferred Securities Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders of the Trust Preferred Securities.
(b) The Trust Preferred Securities Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless the Trust Preferred Securities Guarantee Trustee shall have received written notice, or a Responsible Officer of the Trust Preferred Securities Guarantee Trustee charged with the administration of the Declaration shall have obtained actual knowledge, of such Event of Default.
Appears in 2 contracts
Sources: Trust Preferred Securities Guarantee Agreement (WPSR Capital Trust I), Trust Preferred Securities Guarantee Agreement (WPSR Capital Trust I)
Event of Default; Notice. (a) The Preferred Securities Guarantee Trustee shall, within 90 days after the occurrence of a default an Event of Default with respect to this Preferred Securities GuaranteeGuarantee actually known to a Responsible Officer of the Preferred Guarantee Trustee, mail transmit by mail, first class postage prepaid, to all the Holders of the Preferred Securities, notices of all defaults such Events of Default actually known to a Responsible Officer of the Preferred Securities Guarantee Trustee, unless such defaults have been cured before the giving of such notice, provided, that, except in the case of default in the payment of any Guarantee Payment, the Preferred 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 Officer of the Preferred Securities Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders of the Preferred Securities.
(b) The Preferred Securities Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless the Preferred Securities Guarantee Trustee shall have received a properly addressed written notice, or of which a Responsible Officer of the Preferred Securities Guarantee Trustee charged with the administration of the Trust Agreement shall have obtained actual knowledge, of such Event of Default.
Appears in 2 contracts
Sources: Preferred Securities Guarantee Agreement (Ozark Capital Trust), Preferred Securities Guarantee Agreement (Bank of the Ozarks Inc)
Event of Default; Notice. (a) The Preferred Securities Guarantee Property Trustee shall, within 90 days after a Responsible Officer of the Property Trustee obtains knowledge of the occurrence of a default with respect to this Preferred Securities Guaranteean Event of Default, mail transmit by mail, first class postage prepaid, to all the Holders of the Preferred Securities, notices of all defaults Defaults with respect to the Securities actually known to a Responsible Officer of the Preferred Securities Guarantee Property Trustee, unless such defaults Defaults have been cured before the giving of such notice, provided, ; provided that, except in the case of default for a Default in the payment of principal of (or premium, if any) or interest on any Guarantee Paymentof the Debentures, the Preferred Securities Guarantee Property 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 Preferred Securities Guarantee Property Trustee in good faith determines that the withholding of such notice is in the interests of the Holders of the Preferred Securities.
(b) The Preferred Securities Guarantee Property Trustee shall not be deemed to have knowledge of any Default or Event of Default unless except:
(i) Default or Event of Default under Sections 5.01(a) and 5.01(b) of the Preferred Securities Guarantee Indenture; or
(ii) any Default or Event of Default as to which the Property Trustee shall have received written notice, notice or of which a Responsible Officer of the Preferred Securities Guarantee Property Trustee charged with the administration of the Trust Agreement shall have actual knowledge.
(c) Within five Business Days after the occurrence of any Event of Default actually known to the Property Trustee, the Property Trustee shall have obtained actual knowledge, transmit notice of such Event of DefaultDefault to the Holders of the Preferred Securities, the Administrative Trustees and the Sponsor, unless such Event of Default shall have been cured or waived. The Sponsor and the Administrative Trustees shall file annually with the Property Trustee a certification as to whether or not they are in compliance with all the conditions and covenants applicable to them under this Trust Agreement.
Appears in 2 contracts
Sources: Trust Agreement (New South Capital Trust I), Trust Agreement (New South Capital Trust I)
Event of Default; Notice. (a) The Preferred Securities Guarantee Trustee shall, within 90 days after the occurrence of a default with respect to this Preferred Securities Guaranteean Event of Default, mail transmit by mail, first class postage prepaid, to all the Holders of the Preferred Securities, notices of all defaults Events of Default actually known to a Responsible Officer of the Preferred Securities 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 any a Guarantee Payment, ,] the Preferred Securities 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 and/or] a Responsible Officers Officer of the Preferred Securities Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders of the Preferred Securities.
(b) The Preferred Securities Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless the Preferred Securities Guarantee Trustee shall have received written notice, or of which a Responsible Officer of the Preferred Securities Guarantee Trustee charged with the administration of the Trust Agreement shall have obtained actual knowledge, of such Event of Default.
Appears in 2 contracts
Sources: Preferred Securities Guarantee Agreement, Preferred Securities Guarantee Agreement (Allstate Financing X)
Event of Default; Notice. (a) The Trust Preferred Securities Guarantee Trustee shall, within 90 days five (5) Business Days after it has knowledge of the occurrence of a default with respect to this Preferred Securities Guaranteean Event of Default, mail transmit by mail, first class postage prepaid, to all the Holders of the Trust Preferred Securities, notices of all defaults Events of Default actually known to a Responsible Officer of the Trust Preferred Securities 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 any Guarantee Paymentobligations, the Trust Preferred 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 Officer of the Trust Preferred Securities Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders of the Trust Preferred Securities.
(b) The Trust Preferred Securities Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless the Trust Preferred Securities Guarantee Trustee shall have received written noticenotice of such Event of Default, or a Responsible Officer of the Trust Preferred Securities Guarantee Trustee charged with the administration of the Trust Agreement shall have obtained actual knowledge, of such Event of Defaultknowledge thereof.
Appears in 2 contracts
Sources: Trust Preferred Securities Guarantee Agreement (Front Range Capital Trust I), Trust Preferred Securities Guarantee Agreement (Front Range Capital Trust I)
Event of Default; Notice. (a) The Preferred Securities Guarantee Trustee shall, within 90 ninety (90) days after the occurrence of a default with respect to this Preferred Securities Guaranteean Event of Default, mail transmit by mail, first class postage prepaid, to all the Holders of the Preferred Securities, notices of all defaults Events of Default actually known to a Responsible Officer of the Preferred Securities Guarantee Trustee, unless such defaults have been cured before the giving of such notice, ; provided, that, except in the case of a default in by the Guarantor on any of its payment of any Guarantee Paymentobligations, the Preferred 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 Officer of the Preferred Securities Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders of the Preferred Securities.
(b) The Preferred Securities Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless the Preferred Securities Guarantee Trustee shall have received written notice, or a Responsible Officer of the Preferred Securities Guarantee Trustee charged with the administration of the Trust Agreement shall have obtained actual knowledge, knowledge of such Event of Default.
Appears in 2 contracts
Sources: Preferred Securities Guarantee Agreement (Stifel Financial Corp), Preferred Securities Guarantee Agreement (Stifel Financial Corp)
Event of Default; Notice. (a) The Preferred Capital Securities Guarantee Trustee shall, within 90 days after the occurrence of a default with respect to this Preferred Series B Capital Securities Guarantee, mail by first class postage prepaid, to all Holders of the Preferred Capital Securities, notices of any and all defaults Events of Default actually known to a Responsible Officer of the Preferred Capital Securities Guarantee Trustee, unless such defaults Events of Default have been cured before the giving of such notice, provided, that, except in the case of default in the payment of any Guarantee Payment, the Preferred 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 Preferred Capital Securities Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders holders of the Preferred Series B Capital Securities.
(b) The Preferred Capital Securities Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless the Preferred Capital Securities Guarantee Trustee shall have received written noticenotice from the Guarantor, or a Responsible Officer of the Preferred Capital Securities Guarantee Trustee charged with the administration of the Trust Agreement shall have obtained actual knowledge, of such Event of Default.
Appears in 1 contract
Sources: Series B Capital Securities Guarantee Agreement (Renaissancere Capital Trust/Fa)
Event of Default; Notice. (a) The Trust Preferred Securities Guarantee Trustee shall, within 90 days after the occurrence of a default with respect to this Preferred Securities Guaranteean Event of Default, mail transmit by mail, first class postage prepaid, to all the Holders of the Trust Preferred Securities, notices of all defaults Events of Default actually known to a Responsible Officer of the Trust Preferred Securities Guarantee Trustee, unless such defaults have been cured before the giving of such notice, provided, that, except in the case of default in the payment of any Guarantee Payment, the Trust Preferred 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 Officer of the Trust Preferred Securities Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders of the Trust Preferred Securities Trust Preferred Securities.
(b) The Trust Preferred Securities Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless the Trust Preferred Securities Guarantee Trustee shall have received written notice, or a Responsible Officer of the Trust Preferred Securities Guarantee Trustee charged with the administration of the Declaration shall have obtained actual knowledge, knowledge of such Event of Default.
Appears in 1 contract
Sources: Trust Preferred Securities Guarantee Agreement (Merrill Lynch Preferred Funding I Lp)
Event of Default; Notice. (a) The Trust Preferred Securities Guarantee Trustee shall, within 90 days after the occurrence of a default with respect to this Preferred Securities Guaranteean Event of Default, mail transmit by mail, first class postage prepaid, to all the Holders of the Trust Preferred Securities, notices of all defaults Events of Default actually known to a Responsible Officer of the Trust Preferred Securities Guarantee Trustee, unless such defaults have been cured before the giving of such notice, providedprovid- ed, that, except in the case of default in the payment of any Guarantee Payment, the Trust Preferred 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 Officer of the Trust Preferred Securities Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders of the Trust Preferred Securities Trust Preferred Securities.
(b) The Trust Preferred Securities Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless the Trust Preferred Securities Guarantee Trustee shall have received written notice, or a Responsible Officer of the Trust Preferred Securities Guarantee Trustee charged with the admin- istration of the Declaration shall have obtained actual knowledge, of such Event of Default.
Appears in 1 contract
Sources: Trust Preferred Securities Guarantee Agreement (Ultramar Diamond Shamrock Corp)
Event of Default; Notice. (a) The Preferred Capital Securities Guarantee Trustee shall, within 90 days five Business Days after the occurrence of an Event of Default is actually known to a default with respect to this Preferred Responsible Officer of the Capital Securities GuaranteeGuarantee Trustee, mail by first class postage prepaid, to all Holders of the Preferred SecuritiesHolders, notices of all defaults actually known to a Responsible Officer of the Preferred Capital Securities Guarantee Trustee, unless such defaults have been cured before the giving of such notice, provided, that, except in the case of default in the payment of any Guarantee Payment, the Preferred 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 Preferred Capital Securities Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders holders of the Preferred Series A Capital Securities.
(b) The Preferred Capital Securities Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless the Preferred Capital Securities Guarantee Trustee shall have received written noticenotice from the Guarantor or a Holder, or a Responsible Officer of the Preferred Capital Securities Guarantee Trustee charged with the administration of the Series A Capital Securities Guarantee shall have obtained actual knowledge, of such Event of Default.
Appears in 1 contract
Sources: Capital Securities Guarantee Agreement (Allmerica Financial Corp)
Event of Default; Notice. (a) The Trust Preferred Securities Guarantee Trustee shall, within 90 days after the occurrence of a default with respect to this Preferred Securities Guaranteean Event of Default, mail transmit by mail, first class postage prepaid, to all the Holders of the Trust Preferred Securities, Securities notices of all defaults Events of Default actually known to a Responsible Officer of the Trust Preferred Securities Guarantee Trustee, unless such defaults Events of Default have been cured before the giving of such notice, provided, that, except in ; provided that the case of default in the payment of any Guarantee Payment, the Trust Preferred 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 Officer of the Trust Preferred Securities Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders of the Trust Preferred Securities.
(b) The Trust Preferred Securities Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless a Responsible Officer of the Trust Preferred Securities Guarantee Trustee shall have received written notice, or a Responsible Officer of the Trust Preferred Securities Guarantee Trustee charged with the administration of this Trust Preferred Guarantee shall have obtained actual knowledge, of such Event of Default.
Appears in 1 contract
Sources: Subordinated Guarantee Agreement (Deutsche Bank Capital Funding Trust XII)
Event of Default; Notice. (a) The Preferred Securities Guarantee Trustee shall, within 90 days after the occurrence of a default an Event of Default with respect to this Preferred Securities GuaranteeGuarantee actually known to a Responsible Officer (or, if later, within 30 days after a Responsible Officer has actual knowledge of an Event of Default), mail by first class postage prepaid, to all Holders of the Preferred SecuritiesHolders, notices of all defaults actually known to a Responsible Officer such Events of the Preferred Securities Guarantee TrusteeDefault, unless such defaults have been cured before the giving of such notice, provided, that, except in the case of default in the payment of any Guarantee Payment, the Preferred 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 a Responsible Officers of the Preferred Securities Guarantee Trustee Officer in good faith determines that the withholding of such notice is in the interests of the Holders of the Preferred SecuritiesHolders.
(b) The Preferred Securities Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless the Preferred Securities Guarantee Trustee shall have received written noticenotice from the Guarantor, or a Responsible Officer charged with the administration of the this Preferred Securities Guarantee Trustee shall have obtained actual knowledge, of such Event of Default.
Appears in 1 contract
Sources: Preferred Securities Guarantee Agreement (Newfield Exploration Co /De/)
Event of Default; Notice. (a) The Preferred Capital Securities Guarantee Trustee shall, within 90 days 30 Business Days after the occurrence of a default with respect to this Preferred Securities Guarantee, mail by first class postage prepaid, to all Holders an Event of the Preferred Securities, notices of all defaults Default becomes actually known to a Responsible Officer of the Preferred Capital Securities Guarantee Trustee, mail by first class postage prepaid to all Holders notices of all defaults actually known to such Responsible Officer of the Capital Securities Guarantee Trustee, unless such defaults have been cured before the giving of such notice; provided, providedhowever, that, except in the case of default in the payment of any Guarantee Payment, the Preferred Capital Securities Guarantee Trustee shall be protected in withholding notice of such notice Event of Default 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 Capital Securities Guarantee Trustee Trustee, acting in good faith faith, determines that the withholding of such notice is in the interests of the Holders holders of the Preferred Series A Capital Securities.
(b) The Preferred Capital Securities Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless (i) the Preferred Capital Securities Guarantee Trustee shall have received written notice, notice from the Guarantor or a Holder of such Event of Default or (ii) a Responsible Officer of the Preferred Capital Securities Guarantee Trustee charged with the administration of the Series A Capital Securities Guarantee shall have obtained actual knowledge, knowledge of such Event of Default.
Appears in 1 contract
Sources: Series a Capital Securities Guarantee (K N Capital Trust One)
Event of Default; Notice. (a) The Preferred Securities Guarantee Trustee shall, within 90 days after the occurrence of a default with respect to this Preferred Securities Guaranteean Event of Default, mail transmit by mail, first class postage prepaid, to all the Holders of the Company Preferred Securities [if the Trust is the Initial Holder, insert: and for so long as the Initial Holder is the Holder of the Company Preferred Securities, also to the Holders of the Trust Preferred Securities], notices of all defaults Events of Default actually known to a Responsible Officer of the Preferred Securities Guarantee Trustee, unless such defaults have been cured before the giving of such notice, ; provided, that, except in the case of default in the payment of any Guarantee Payment, the Preferred 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 Officer of the Preferred Securities Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders of the Company Preferred Securities or Trust Preferred Securities.
(b) The Preferred Securities Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless a Responsible Officer of the Preferred Securities Guarantee Trustee shall have received written notice, or a Responsible Officer of the Preferred Securities Guarantee Trustee charged with the administration of this Guarantee shall have obtained actual knowledge, of such Event of Default.
Appears in 1 contract
Sources: Subordinated Guarantee Agreement (Credit Suisse Group)
Event of Default; Notice. (a) The Preferred Capital Securities Guarantee Trustee shall, within 90 days five Business Days after the occurrence of an Event of Default is actually known to a default with respect to this Preferred Responsible Officer of the Capital Securities GuaranteeGuarantee Trustee, mail by first class postage prepaid, to all Holders of the Preferred SecuritiesHolders, notices of all defaults actually known to a Responsible Officer of the Preferred Capital Securities Guarantee Trustee, unless such defaults have been cured before the giving of such notice, provided, that, except in the case of default in the payment of any Guarantee Payment, the Preferred 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 Preferred Capital Securities Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders holders of the Preferred Series B Capital Securities.
(b) The Preferred Capital Securities Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless the Preferred Capital Securities Guarantee Trustee shall have received written noticenotice from the Guarantor or a Holder, or a Responsible Officer of the Preferred Capital Securities Guarantee Trustee charged with the administration of the Series B Capital Securities Guarantee shall have obtained actual knowledge, of such Event of Default.
Appears in 1 contract
Sources: Series B Capital Securities Guarantee Agreement (Allmerica Financial Corp)
Event of Default; Notice. (a) The Preferred Securities Guarantee Property Trustee shall, within 90 days after a Responsible Officer of the Property Trustee obtains actual knowledge of the occurrence of a default with respect to this Preferred Securities Guaranteean Event of Default, mail transmit by mail, first class postage prepaid, to all the Holders of the Preferred Securities, notices of all defaults Defaults with respect to the Securities actually known to a Responsible Officer of the Preferred Securities Guarantee Property Trustee, unless such defaults Defaults have been cured before the giving of such notice, provided, ; provided that, except in the case of default for a Default in the payment of principal of (or premium, if any) or interest on any Guarantee Paymentof the Debentures, the Preferred Securities Guarantee Property 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 Preferred Securities Guarantee Property Trustee in good faith determines that the withholding of such notice is in the interests of the Holders of the Preferred Securities.
(b) The Preferred Securities Guarantee Property Trustee shall not be deemed to have actual knowledge of any Default or Event of Default except:
(i) Default or Event of Default under Sections 5.01(a) and 5.01(b) of the Indenture; or
(ii) any Default or Event of Default as to which the Property Trustee shall have received written notice or of which a Responsible Officer of the Property Trustee charged with the administration of the Trust Agreement shall have actual knowledge.
(c) Within five Business Days after the occurrence of any Event of Default unless actually known to the Preferred Securities Guarantee Property Trustee, the Property Trustee shall have received written notice, or a Responsible Officer of the Preferred Securities Guarantee Trustee shall have obtained actual knowledge, transmit notice of such Event of DefaultDefault to the Holders of the Preferred Securities, the Administrative Trustees and the Sponsor, unless such Event of Default shall have been cured or waived.
Appears in 1 contract
Event of Default; Notice. (a) The Class B Preferred Securities Guarantee Trustee shall, within 90 days after the occurrence of a default with respect to this Preferred Securities Guaranteean Event of Default, mail transmit by mail, first class postage prepaid, to all the Holders of the Class B Preferred Securities (and, for so long as the Initial Holder is the Holder of the Class B Preferred Securities, also to the Holders of the Trust Preferred Securities), notices of all defaults Events of Default actually known to a Responsible Officer of the Class B Preferred Securities Guarantee Trustee, unless such defaults Events of Default have been cured before the giving of such notice, provided, that, except in ; provided that the case of default in the payment of any Guarantee Payment, the Class B Preferred 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 Officer of the Class B Preferred Securities Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders of the Class B Preferred Securities or Trust Preferred Securities.
(b) The Class B Preferred Securities Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless a Responsible Officer of the Class B Preferred Securities Guarantee Trustee shall have received written notice, or a Responsible Officer of the Class B Preferred Securities Guarantee Trustee charged with the administration of this Class B Preferred Guarantee shall have obtained actual knowledge, of such Event of Default.
Appears in 1 contract
Sources: Subordinated Guarantee Agreement (Deutsche Bank Capital Funding Trust XII)
Event of Default; Notice. (a) The Preferred Securities Guarantee Trustee shall, within 90 days after the occurrence of a default with respect to this Preferred Securities Guarantee, mail by first class postage prepaid, to all Holders of the Preferred Securities, notices of all defaults actually known to a Responsible Officer of the Preferred Securities Guarantee Trustee, unless such defaults have been cured before the giving of such notice, provided, that, except in the case of default in the payment of any Guarantee Payment, the Preferred 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 Preferred Securities Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders of the Preferred Securities.
(b) The Preferred Securities Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless the Preferred Securities Guarantee Trustee shall have received written notice, notice or a Responsible Officer of the Preferred Securities Guarantee Trustee shall have obtained actual knowledge, knowledge of such Event of Default.
Appears in 1 contract
Sources: Preferred Securities Guarantee Agreement (Hercules Inc)
Event of Default; Notice. (a) The Preferred Capital Securities Guarantee Trustee shall, within 90 days after the occurrence of a default with respect to this Preferred Capital Securities Guarantee, mail by first class postage prepaid, to all Holders of the Preferred Capital Securities, notices of all defaults actually known to a Responsible Officer of the Preferred Capital Securities Guarantee Trustee, unless such defaults have been cured before the giving of such notice, provided, that, except in the case of default in the payment of any Guarantee Payment, the Preferred 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 Preferred Capital Securities Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders of the Preferred Capital Securities.
(b) The Preferred Capital Securities Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless the Preferred Capital Securities Guarantee Trustee shall have received written notice, or a Responsible Officer of the Preferred Capital Securities Guarantee Trustee charged with the administration of this Capital Securities Guarantee shall have obtained actual knowledge, of such Event of Default.
Appears in 1 contract
Sources: Capital Securities Guarantee Agreement (Wachovia Capital Trust Viii)
Event of Default; Notice. (a) The Trust Preferred Securities Guarantee Trustee shall, within 90 days after the occurrence of a default with respect to this Trust Preferred Securities Guarantee, mail by first class postage prepaid, to all Holders of the Preferred SecuritiesHolders, notices of all defaults actually known to a Responsible Officer of the Preferred Securities Guarantee TrusteeOfficer, unless such defaults have been cured before the giving of such notice, provided, that, except in the case of default in the payment of any Guarantee Payment, the Trust Preferred 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 a Responsible Officers of the Preferred Securities Guarantee Trustee Officer in good faith determines that the withholding of such notice is in the interests of the Holders of the Preferred SecuritiesHolders.
(b) The Trust Preferred Securities Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless the Trust Preferred Securities Guarantee Trustee shall have received written noticenotice from the Guarantor, or a Responsible Officer charged with the administration of the this Trust Preferred Securities Guarantee Trustee shall have obtained actual knowledge, of such Event of Default.
Appears in 1 contract
Sources: Trust Preferred Securities Guarantee Agreement (Independent Capital Trust I)
Event of Default; Notice. (a) The Preferred Securities Guarantee Guaranty Trustee shall, within 90 days after the occurrence of a default with respect to this Preferred Securities GuaranteeGuaranty known to a Responsible Officer of the Preferred Securities Guaranty Trustee, mail by first class postage prepaid, to all Holders of the Preferred Securities, notices of all defaults actually known to a Responsible Officer of the Preferred Securities Guarantee Guaranty Trustee, unless such defaults have been cured before the giving of such notice, provided, that, except in the case of default in the payment of any Guarantee Guaranty Payment, the Preferred Securities Guarantee Guaranty 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 Securities Guarantee Guaranty Trustee in good faith determines that the withholding of such notice is in the interests of the Holders holders of the Preferred Securities.
(b) The Preferred Securities Guarantee Guaranty Trustee shall not be deemed to have knowledge of any Event of Default unless the Preferred Securities Guarantee Guaranty Trustee shall have received written notice, or a Responsible Officer of the Preferred Securities Guarantee Guaranty Trustee charged with the administration of the Trust Agreement shall have obtained actual knowledge, of such Event of Default.
Appears in 1 contract
Sources: Preferred Securities Guaranty Agreement (ServisFirst Bancshares, Inc.)
Event of Default; Notice. (a) The Preferred Securities Guarantee Trustee shall, within 90 days after the occurrence of a default with respect to this Preferred Securities GuaranteeGuarantee known to a Responsible Officer of the Preferred Securities Guarantee Trustee, mail by first class postage prepaid, to all Holders of the Preferred Securities, notices of all defaults actually known to a Responsible Officer of the Preferred Securities Guarantee Trustee, unless such defaults have been cured before the giving of such notice, provided, that, except in the case of default in the payment of any Guarantee Payment, the Preferred 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 Preferred Securities Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders holders of the Preferred Securities.
(b) The Preferred Securities Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless the Preferred Securities Guarantee Trustee shall have received written notice, or a Responsible Officer of the Preferred Securities Guarantee Trustee charged with the administration of the Trust Agreement shall have obtained actual knowledge, of such Event of Default.
Appears in 1 contract
Sources: Preferred Securities Guarantee Agreement (ServisFirst Bancshares, Inc.)
Event of Default; Notice. (a) The Preferred Securities Guarantee Property Trustee shall, within 90 days after a Responsible Officer of the Property Trustee obtains actual knowledge of the occurrence of a default with respect to this Preferred Securities Guaranteean Event of Default, mail transmit by mail, first class postage prepaid, to all the Holders of the Preferred Securities, notices of all defaults Defaults with respect to the Securities actually known to a Responsible Officer of the Preferred Securities Guarantee Property Trustee, unless such defaults Defaults have been cured before the giving of such notice, provided, ; provided that, except in the case of default for a Default in the payment of principal of (or premium, if any) or interest on any Guarantee Paymentof the Debentures, the Preferred Securities Guarantee Property 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 Preferred Securities Guarantee Property Trustee in good faith determines that the withholding of such notice is in the interests of the Holders of the Preferred Securities.
(b) The Preferred Securities Guarantee Property Trustee shall not be deemed to have actual knowledge of any Default or Event of Default except:
(i) Default or Event of Default under Sections 5.01(a) and 5.01(b) of the Indenture; or
(ii) any Default or Event of Default as to which the Property Trustee shall have received written notice or of which a Responsible Officer of the Property Trustee charged with the administration of the Trust Agreement shall have actual knowledge.
(c) Within five Business Days after the occurrence of any Event of Default unless actually known to the Preferred Securities Guarantee Property Trustee, the Property Trustee shall have received written notice, or a Responsible Officer of the Preferred Securities Guarantee Trustee shall have obtained actual knowledge, transmit notice of such Event of DefaultDefault to the Holders of the Preferred Securities, the Administrative Trustees and the Depositor, unless such Event of Default shall have been cured or waived.
Appears in 1 contract
Event of Default; Notice. (a) The Company Preferred Securities Guarantee Trustee shall, within 90 days after the occurrence of a default with respect to this Preferred Securities Guaranteean Event of Default, mail transmit by mail, first class postage prepaid, to all the Holders of the Company Preferred Securities (and, for so long as the Initial Holder is the Holder of the Company Preferred Securities, also to the Holders of the Trust Preferred Securities), notices of all defaults Events of Default actually known to a Responsible Officer of the Company Preferred Securities Guarantee Trustee, unless such defaults Events of Default have been cured before the giving of such notice, ; provided, that, except in the case of default in the payment of any Guarantee Payment, the Company Preferred 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 Officer of the Company Preferred Securities Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders of the Company Preferred Securities or Trust Preferred Securities.
(b) The Company Preferred Securities Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless a Responsible Officer of the Company Preferred Securities Guarantee Trustee shall have received written notice, or a Responsible Officer of the Company Preferred Securities Guarantee Trustee charged with the administration of this Company Preferred Guarantee shall have obtained actual knowledge, of such Event of Default.
Appears in 1 contract
Sources: Subordinated Guarantee Agreement (Deutsche Bank Capital Funding Trust VIII)
Event of Default; Notice. (a) The Preferred Securities Guarantee Trustee shall, within 90 days after receipt of notice by a Responsible Officer of the occurrence of a default with respect to this Preferred Securities Guaranteean Event of Default, mail transmit by mail, first class postage prepaid, to all the Holders of the Preferred Securities, notices of all defaults Events of Default actually known to a Responsible Officer of the Preferred Securities Guarantee Trustee, unless such defaults have been cured or waived before the giving of such notice, ; provided, that, except in the case of an Event of Default other than a default in the payment of any Guarantee Payment, obligations under the Preferred Securities Guarantee, that 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 Officer of the Preferred Securities Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders of the Preferred Securities.
(b) The Preferred Securities Guarantee Trustee shall not be deemed to have knowledge of any an Event of Default unless the Preferred Securities Guarantee Trustee shall have received written noticenotice of such Event of Default, or of which a Responsible Officer of the Preferred Securities Guarantee Trustee charged with the administration of the Trust Agreement shall have obtained actual knowledge, of such Event of Default.
Appears in 1 contract
Event of Default; Notice. (a) The Preferred Securities Guarantee Trustee shall, within 90 days after the occurrence of a default with respect to this Preferred Securities Guaranteean Event of Default, mail transmit by mail, first class postage prepaid, to all the Holders of the Preferred Securities, notices of all defaults Events of Default actually known to a Responsible Officer of the Preferred Securities 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 by Guarantor under the terms of this Preferred Securities Guarantee on any of its payment of any Guarantee Paymentobligations, the Preferred 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 Officer of the Preferred Securities Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders of the Preferred Securities.
(b) The Preferred Securities Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless the Preferred Securities Guarantee Trustee shall have received written notice, or of which a Responsible Officer of the Preferred Securities Guarantee Trustee charged with the administration of the Trust Agreement shall have obtained actual knowledge, of such Event of Default.
Appears in 1 contract
Sources: Preferred Securities Guarantee Agreement (First Busey Statutory Trust V)
Event of Default; Notice. (a) The Preferred Securities Guarantee Trustee shall, within 90 days after the occurrence of a default with respect to this Preferred Securities Guaranteean Event of Default, mail transmit by mail, first class postage prepaid, to all the Holders of the Preferred Securities, notices of all defaults Events of Default actually known to a Responsible Officer of the Preferred Securities 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 any a Guarantee Payment, the Preferred Securities 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 Officer of the Preferred Securities Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders of the Preferred Securities.
(b) The Preferred Securities Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless the Preferred Securities Guarantee Trustee shall have received written notice, or a Responsible Officer of the Preferred Guarantee Trustee charged with the administration of the Preferred Securities Guarantee Trustee shall have obtained actual knowledge, of such Event of Default.
Appears in 1 contract
Sources: Preferred Securities Guarantee Agreement (Allstate Corp)
Event of Default; Notice. (a) The Preferred Capital Securities Guarantee Trustee shall, within 90 60 days after the occurrence of a default an Event of Default with respect to this Preferred Capital Securities Guarantee, mail transmit by mail, first class postage prepaid, to all Holders of the Preferred SecuritiesHolders, notices of all defaults such Event of Default actually known to a Responsible Officer of the Preferred Capital Securities Guarantee Trustee, unless such defaults have Event of Default has been cured before the giving of such notice, ; provided, that, except in the case of default an Event of Default in the payment of any Guarantee Payment, the Preferred 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 Preferred Capital Securities Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders of the Preferred Series A Capital Securities.
(b) The Preferred Capital Securities Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless the Preferred Capital Securities Guarantee Trustee shall have received written noticenotice from the Guarantor or a Holder, or a Responsible Officer of the Preferred Capital Securities Guarantee Trustee shall have obtained actual knowledge, of such Event of Default.
Appears in 1 contract
Sources: Capital Securities Guarantee Agreement (First Midwest Bancorp Inc)
Event of Default; Notice. (a) The Preferred Capital Securities Guarantee Trustee shall, within 90 days after a Responsible Officer has knowledge of the occurrence of a default with respect to this Preferred Securities Guaranteean Event of Default, mail transmit by mail, first class postage prepaid, to all Holders of the Preferred SecuritiesHolders, notices of all defaults Events of Default actually known to a Responsible Officer of the Preferred Capital Securities Guarantee Trustee, unless such defaults Events of Default have been cured before the giving of such notice, provided, that, except in the case of default in the payment of any Guarantee Payment, the Preferred 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 Preferred Capital Securities Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders holders of the Preferred Series A Capital Securities.
(b) The Preferred Capital Securities Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless the Preferred Capital Securities Guarantee Trustee shall have received written noticenotice from the Guarantor or a Holder, or a Responsible Officer of the Preferred Capital Securities Guarantee Trustee charged with the administration of the Declaration shall have obtained actual knowledge, of such Event of Default.
Appears in 1 contract
Sources: Capital Securities Guarantee Agreement (Comed Financing Ii)
Event of Default; Notice. (a) The Preferred Capital Securities Guarantee Trustee shall, within 90 days after the occurrence of a default with respect to this Preferred Series A Capital Securities Guarantee, mail by first class postage prepaid, to all Holders of the Preferred Capital Securities, notices of any and all defaults Events of Default actually known to a Responsible Officer of the Preferred Capital Securities Guarantee Trustee, unless such defaults Events of Default have been cured before the giving of such notice, provided, that, except in the case of default in the payment of any Guarantee Payment, the Preferred 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 Preferred Capital Securities Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders holders of the Preferred Series A Capital Securities.
(b) The Preferred Capital Securities Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless the Preferred Capital Securities Guarantee Trustee shall have received written noticenotice from the Guarantor, or a Responsible Officer of the Preferred Capital Securities Guarantee Trustee charged with the administration of the Trust Agreement shall have obtained actual knowledge, of such Event of Default.
Appears in 1 contract
Sources: Series a Capital Securities Guarantee Agreement (Renaissancere Holdings LTD)
Event of Default; Notice. (a) The Preferred Capital Securities Guarantee Trustee shall, within 90 days after a Responsible Officer has knowledge of the occurrence of a default with respect to this Preferred Securities Guaranteean Event of Default, mail transmit by mail, first class postage prepaid, to all Holders of the Preferred SecuritiesHolders, notices of all defaults Events of Default actually known to a Responsible Officer of the Preferred Capital Securities Guarantee Trustee, unless such defaults Events of Default have been cured before the giving of such notice, provided, that, except in the case of default in the payment of any Guarantee Payment, the Preferred 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 Preferred Capital Securities Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders holders of the Preferred Capital Securities.
(b) The Preferred Capital Securities Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless the Preferred Capital Securities Guarantee Trustee shall have received written noticenotice from the Guarantor or a Holder, or a Responsible Officer of the Preferred Capital Securities Guarantee Trustee charged with the administration of the Declaration shall have obtained actual knowledge, of such Event of Default.
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Sources: Series B Capital Securities Guarantee Agreement (Comed Financing Ii)
Event of Default; Notice. (a) The Trust Preferred Securities Guarantee Trustee shall, within 90 days after the occurrence of a any default with respect to the obligations of the Guarantor under this Trust Preferred Securities Guarantee, mail by first class postage prepaid, to all Holders of the Preferred SecuritiesHolders, notices of all defaults actually known to a Responsible Officer of the Preferred Securities Guarantee TrusteeOfficer, unless such defaults have been cured before the giving of such notice, ; provided, that, except in the case of default in the timing or payment of any Guarantee Payment, the Trust Preferred 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 a Responsible Officers Officer of the Trust Preferred Securities Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders of the Preferred SecuritiesHolders.
(b) The Trust Preferred Securities Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless the Trust Preferred Securities Guarantee Trustee shall have received written noticenotice from the Guarantor, or a Responsible Officer charged with the administration of the this Trust Preferred Securities Guarantee Trustee shall have obtained actual knowledge, of such Event of Default.
Appears in 1 contract
Sources: Trust Preferred Securities Guarantee Agreement (Coastal Bancorp Inc)
Event of Default; Notice. (a) The Preferred Capital Securities Guarantee Trustee shall, within 90 days 30 Business Days after the occurrence of a default with respect to this Preferred Securities Guarantee, mail by first class postage prepaid, to all Holders an Event of the Preferred Securities, notices of all defaults Default becomes actually known to a Responsible Officer of the Preferred Capital Securities Guarantee Trustee, mail by first class postage prepaid to all Holders notices of all defaults actually known to such Responsible Officer of the Capital Securities Guarantee Trustee, unless such defaults have been cured before the giving of such notice; provided, providedhowever, that, except in the case of default in the payment of any Guarantee Payment, the Preferred Capital Securities Guarantee Trustee shall be protected in withholding notice of such notice Event of Default 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 Capital Securities Guarantee Trustee Trustee, acting in good faith faith, determines that the withholding of such notice is in the interests of the Holders holders of the Preferred Capital Securities.
(b) The Preferred Capital Securities Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless (i) the Preferred Capital Securities Guarantee Trustee shall have received written notice, notice from the Guarantor or a Holder of such Event of Default or (ii) a Responsible Officer of the Preferred Capital Securities Guarantee Trustee charged with the administration of the Capital Securities Guarantee shall have obtained actual knowledge, knowledge of such Event of Default.
Appears in 1 contract
Sources: Capital Securities Guarantee (K N Capital Trust One)
Event of Default; Notice. (a) The Preferred Securities Guarantee Property Trustee shall, within 90 days after a Responsible Officer of the Property Trustee obtains actual knowledge of the occurrence of a default with respect to this Preferred Securities Guaranteean Event of Default, mail transmit by mail, first class postage prepaid, to all the Holders of the Preferred Securities, notices of all such defaults with respect to the Securities actually known to a Responsible Officer of the Preferred Securities Guarantee Property Trustee, unless such defaults have been cured before the giving of such noticenotice (the term "defaults" for the purposes of this Section 2.7(a) being hereby defined to be an Event of Default as defined in the Indenture, provided, 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 for a default in the payment of principal of (or premium, if any) or interest on any Guarantee Paymentof the Debentures or in the payment of any sinking fund installment established for the Debentures, the Preferred Securities Guarantee Property 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 Securities Guarantee Property Trustee in good faith determines that the withholding of such notice is in the interests of the Holders of the Preferred Securities.
(b) The Preferred Securities Guarantee Property Trustee shall not be deemed to have knowledge of any default or Event of Default unless except:
(i) a default under Sections 501(l) and 501(2) of the Preferred Securities Guarantee Indenture; or
(ii) any default as to which the Property Trustee shall have received written notice, notice or of which a Responsible Officer of the Preferred Securities Guarantee Property Trustee charged with the administration of the Declaration shall have obtained actual knowledge, of such Event of Default.
(c) The Sponsor and the Regular Trustees shall file annually with the Property Trustee a certification as to whether or not they are in compliance with all the conditions and covenants applicable to them under this Declaration.
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