Knowledge of Trustee. Notwithstanding the provisions of this Article Fifteen or any other provisions of this Indenture, the Trustee shall not be charged with knowledge of the existence of any facts which would prohibit the making of any payment of monies to or by the Trustee, or the taking of any other action by the Trustee, unless and until the Trustee shall have received written notice thereof from the Company, any Holder of the Securities, any paying agent of the Company or the holder or representative of any class of Senior Indebtedness.
Appears in 6 contracts
Sources: Subordinated Indenture (Southern First Bancshares Inc), Subordinated Indenture (Entegra Financial Corp.), Subordinated Indenture (Southern First Bancshares Inc)
Knowledge of Trustee. Notwithstanding the provisions of this Article Fifteen Twelve or any other provisions of this Indenture, the Trustee shall not be charged with knowledge of the existence of any facts which would prohibit the making of any payment of monies moneys to or by the Trustee, or the taking of any other action by the Trustee, unless and until the Trustee shall have received written notice thereof thereof, at least one business day prior to the relevant payment date, from the Company, any Holder of the SecuritiesHolder, any paying agent of the Company Paying Agent or the holder or representative of or any class of Senior IndebtednessDebt.
Appears in 6 contracts
Sources: Indenture (PDS Financial Corp), Indenture (Paper Warehouse Inc), Indenture (PDS Financial Corp)
Knowledge of Trustee. Notwithstanding the provisions of this Article Fifteen Thirteen or any other provisions of this Indenture, the Trustee shall not be charged with knowledge of the existence of any facts which would prohibit the making of any payment of monies to or by the Trustee, or the taking of any other action by the Trustee, unless and until a Responsible Officer of the Trustee shall have received written notice thereof from the Company, any Holder of the Securities, any paying agent of the Company or the holder or representative of any class of Senior Indebtedness.
Appears in 4 contracts
Sources: Subordinated Indenture (Union Bankshares Corp), Subordinated Indenture (BNC Bancorp), Subordinated Indenture (Eagle Bancorp Inc)
Knowledge of Trustee. Notwithstanding the provisions of this Article Fifteen Thirteen or any other provisions of this Indenture, the Trustee shall not be charged with knowledge of the existence of any facts which would prohibit the making of any payment of monies moneys to or by the Trustee, or the taking of any other action by the Trustee, unless and until the Trustee shall have received written notice thereof thereof, at least one business day prior to the relevant payment date, from the Company, any Holder of the SecuritiesHolder, any paying agent of the Company Paying Agent or the holder or representative of or any class of Senior IndebtednessDebt.
Appears in 3 contracts
Sources: Indenture (Onyx Acceptance Corp), Indenture (Onyx Acceptance Corp), Indenture (Onyx Acceptance Corp)
Knowledge of Trustee. Notwithstanding the provisions of this Article Fifteen Twelve or any other provisions of this Indenture, the Trustee shall not be charged with knowledge of the existence of any facts which would prohibit the making of any payment of monies moneys to or by the Trustee, or the taking of any other action by the Trustee, unless and until the Trustee shall have received written notice thereof thereof, within one business day prior to the relevant payment date, from the Company, any Holder of the SecuritiesHolder, any paying agent of the Company Paying Agent or the holder or representative of or any class of Senior IndebtednessDebt.
Appears in 2 contracts
Sources: Indenture (Berthel Fisher & Co Leasing Inc), Indenture (Taylor Investment Corp /Mn/)
Knowledge of Trustee. Notwithstanding the provisions of this Article Fifteen Thirteen or any other provisions of this Indenture, the Trustee shall not be charged with knowledge of the existence of any facts which would prohibit the making of any payment of monies moneys to or by the Trustee, or the taking of any other action by the Trustee, unless and until a Responsible Officer of the Trustee shall have received written notice thereof thereof, at least one business day prior to the relevant payment date, from the Company, any Holder of the SecuritiesHolder, any paying agent of the Company Paying Agent or the holder or representative of or any class of Senior IndebtednessDebt.
Appears in 1 contract
Sources: Indenture (Onyx Acceptance Corp)