Event of Default; Notice. (a) The 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 Trustee, unless such defaults have been cured before the giving of such notice, provided that the Trustee shall be protected in withholding such notice if and so long as the board of directors, the executive committee, or a trust committee of directors and/or Responsible Officers of the Trustee in good faith determines that the withholding of such notice is in the interests of the Holders. (b) The Trustee shall not be deemed to have knowledge of any Event of Default unless the Trustee shall have received written notice, or a Responsible Officer charged with the administration of the Trust Agreement shall have obtained written notice, of such Event of Default.
Appears in 75 contracts
Sources: Guarantee Agreement (Alabama Power Capital Trust Iv), Guarantee Agreement (Georgia Power Co), Guarantee Agreement (Gulf Power Capital Trust Ii)
Event of Default; Notice. (a) The Trustee shall, within 90 days after the occurrence of an Event of DefaultDefault actually known to the Trustee, transmit by mail, first class postage prepaid, to the Holders, notices of all such Events of Default known to the TrusteeDefault, unless such defaults have been cured before the giving of such notice, provided that the Trustee shall be protected in withholding such notice if and so long as the board of directors, the executive committee, or a trust committee of directors and/or Responsible Officers of the Trustee in good faith determines that the withholding of such notice is in the interests of the Holders.
(b) The Trustee shall not be deemed to have knowledge of any Event of Default unless the Trustee shall have received written notice, or a Responsible Officer charged with the administration of the Trust Agreement shall have obtained written notice, of such Event of Default.
Appears in 12 contracts
Sources: Guarantee Agreement (DRH Regrem Xii Lp), Guarantee Agreement (Semco Energy Inc), Guarantee Agreement (HPH Homebuilders 2000 Lp)
Event of Default; Notice. (a) The 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 Trustee, unless such defaults have been cured before the giving of such notice, provided that the Trustee shall be protected in withholding such notice if and so long as the board of directors, the executive committee, or a trust committee of directors and/or Responsible Officers of the Trustee in good faith determines that the withholding of such notice is in the interests of the Holders.
(b) The Trustee shall not be deemed to have knowledge of any Event of Default unless the Trustee shall have received written notice, or a Responsible Officer charged with the administration of the Trust Agreement shall have obtained written notice, of such Event of Default.
Appears in 5 contracts
Sources: Guarantee Agreement (Duke Capital Financing Trust Vi), Guarantee Agreement (Duke Capital Financing Trust V), Guarantee Agreement (Duke Capital Financing Trust Vi)
Event of Default; Notice. (a) The 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 Trustee, unless such defaults have been cured before the giving of such notice, provided that the Trustee shall be protected in withholding such notice if and so long as the board of directors, the executive committee, committee or a trust committee of directors and/or Responsible Officers of the Trustee in good faith determines that the withholding of such notice is in the interests of the Holders.
(b) The Trustee shall not be deemed to have knowledge of any Event of Default unless the Trustee shall have received written notice, or a Responsible Officer charged with the administration of the Trust Agreement shall have obtained written notice, of such Event of Default.
Appears in 3 contracts
Sources: Guarantee Agreement (Southern Energy Inc), Preferred Securities Guarantee Agreement (Southern Co), Guarantee Agreement (Sei Trust I)
Event of Default; Notice. (a) The 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 Trustee, unless such defaults have been cured before the giving of such notice, provided that the Trustee shall be protected in withholding such notice if and so long as the board of directors, the executive committee, or a trust committee of directors and/or Responsible Officers of the Trustee in good faith determines that the withholding of such notice is in the interests of the Holders.
(b) The Trustee shall not be deemed to have knowledge of any Event of Default unless the Trustee shall have received written notice, or a Responsible Officer charged with the administration of the Trust Agreement shall have obtained written notice, of such Event of Default.
Appears in 3 contracts
Sources: Guarantee Agreement (Southwestern Electric Power Co), Guarantee Agreement (Southwestern Electric Power Co), Guarantee Agreement (Southwestern Electric Power Co)
Event of Default; Notice. (a) The 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 Trustee, unless such defaults have been cured before the giving of such notice, provided that the Trustee shall be protected in withholding such notice if and so long as the board of directors, the executive committee, or a trust committee of directors and/or Responsible Officers of the Trustee in good faith determines that the withholding of such notice is in the interests of the Holders.
(b) The Trustee shall not be deemed to have knowledge of any Event of Default unless the Trustee shall have received written notice, or a Responsible Officer charged with the administration of the Trust Agreement Declaration shall have obtained written notice, of such Event of Default.
Appears in 1 contract
Sources: Guarantee Agreement (Avista Corp)
Event of Default; Notice. (a) The 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 known to the Trustee, unless such defaults have been cured before the giving of such notice, provided that the Trustee shall be protected in withholding such notice if and so long as the board of directors, the executive committee, or a trust committee of directors and/or Responsible Officers of the Trustee in good faith determines that the withholding of such notice is in the interests of the Holders.
(b) The Trustee shall not be deemed to have knowledge of any Event of Default unless the Trustee shall have received written notice, or a Responsible Officer charged with the administration Holders of the Trust Agreement shall have obtained written notice, of such Event of DefaultPreferred Securities.
Appears in 1 contract
Sources: Guarantee Agreement (Rouse Company)
Event of Default; Notice. (a) The Manager Trustee shall, within 90 days after the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the HoldersPreferred Securityholders, notices of all Events of Default actually known to a Responsible Officer of the Manager Trustee, unless such defaults have been cured before the giving of such notice, provided that provided, that, the Manager 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 Manager Trustee in good faith determines that the withholding of such notice is in the interests of the HoldersPreferred Securityholders.
(b) The Manager Trustee shall not be deemed to have knowledge of any Event of Default unless the Manager Trustee shall have received written notice, or a Responsible Officer of the Manager Trustee charged with the administration of the Trust Agreement shall have obtained written noticeactual knowledge, of such Event of Default.
Appears in 1 contract
Sources: Limited Liability Company Agreement (Abn Amro Bank Nv)
Event of Default; Notice. (a) The 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 known to the Trustee, unless such defaults have been cured before the giving of such notice, provided that the Trustee shall be protected in withholding such notice if and so long as the board of directors, the executive committee, or a trust committee of directors and/or Responsible Officers of the Trustee in good faith determines that the withholding of such notice is in the interests of the HoldersHolders of the Preferred Securities.
(b) The Trustee shall not be deemed to have knowledge of any Event of Default unless the Trustee shall have received written notice, or a Responsible Officer charged with the administration of the Trust Agreement shall have obtained written notice, of such Event of Default.
Appears in 1 contract
Sources: Guarantee Agreement (Southwestern Public Service Co)
Event of Default; Notice. (a) The 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 Trustee, unless such defaults have been cured before the giving of such notice, provided that the Trustee shall be protected in withholding such notice if and so long as the board of directors, the executive committee, or a trust committee of directors and/or Responsible Officers of the Trustee in good faith determines that the withholding of such notice is in the interests of the Holders.
(b) The Trustee shall not be deemed to have knowledge of any Event of Default unless the Trustee shall have received written notice, or a Responsible Officer charged with the administration of the Declaration of Trust Agreement shall have obtained written notice, of such Event of Default.
Appears in 1 contract
Sources: Preferred Securities Guarantee Agreement (Commonwealth Edison Co)
Event of Default; Notice. (a) The 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 Trustee, unless such defaults have been cured or waived before the giving of such notice, provided that the Trustee shall be protected in withholding such notice if and so long as the board of directors, the executive committee, or a trust committee of directors and/or Responsible Officers of the Trustee in good faith determines that the withholding of such notice is in the interests of the Holders.
(b) The Trustee shall not be deemed to have knowledge of any Event of Default unless the Trustee shall have received written notice, or a Responsible Officer of the Trustee charged with the administration of the this Trust Agreement shall have obtained received written notice, notice of such Event of DefaultDefault at the Corporate Trust Office of the Trustee and such notice references this Guarantee Agreement.
Appears in 1 contract
Sources: Guarantee Agreement (Cleveland Electric Financing Trust I)