Common use of Notice of Defaults Clause in Contracts

Notice of Defaults. If a Default occurs and is continuing and if it is actually known to the Trustee, the Trustee shall mail to each Holder notice of the Default within the earlier of 90 days after it occurs or 30 days after it is actually known to a Trust Officer or written notice of it is received by the Trustee. Except in the case of a Default in the payment of principal of, premium (if any) or interest on any Note, the Trustee may withhold the notice if and so long as a committee of its Trust Officers in good faith determines that withholding the notice is in the interests of the Holders.

Appears in 30 contracts

Sources: Indenture (Intelsat S.A.), Indenture (Hexion Inc.), Indenture (Intelsat S.A.)

Notice of Defaults. If a Default occurs and is continuing and if it is actually known to the Trustee, the Trustee shall mail to each Holder pursuant to Section 11.02 a notice of the Default within the earlier of 90 days after it occurs or 30 days after it is actually known to a Trust Officer or written notice of it is received by the Trusteeoccurs. Except in the case of a Default in the any payment of principal of, premium (if any) or interest on any NoteSecurity, the Trustee may withhold the notice if and so long as the board of directors, executive committee or a trust committee of its Trust Officers officers in good faith determines that withholding the notice is in the interests of the Holders.

Appears in 23 contracts

Sources: Indenture (Chesapeake Louisiana Lp), Indenture (Chesapeake Royalty LLC), Indenture (Chesapeake Orc LLC)

Notice of Defaults. If a Default occurs and is continuing and if it is actually known to a Responsible Officer of the Trustee, the Trustee shall send electronically or mail to each Holder Holders a notice of the Default within the earlier of 90 days after it occurs or 30 days after it is actually known to a Trust Officer or written notice of it is received by the Trusteeoccurs. Except in the case of a Default in the payment of principal of, premium (premium, if any) , or interest on any Note, the Trustee may withhold the notice if and so long as a committee of its Trust Officers the Trustee in good faith determines that withholding the notice is in the interests of the Holders.

Appears in 22 contracts

Sources: Indenture (Triumph Group Inc), Indenture (Triumph Group Inc), Indenture (Ryerson Holding Corp)

Notice of Defaults. If a Default occurs and is continuing and if it is actually known to a Responsible Officer of the TrusteeTrustee has received written notification thereof by the Issuer, the Trustee shall mail to each Holder give notice of the Default to the Holders within the earlier of 90 60 days after it occurs or 30 days after it is actually known to a Trust Officer or written notice of it is received being notified by the TrusteeIssuer. Except in the case of a Default in the payment of principal of, premium (or premium, if any) , or interest on any Note, the Trustee may withhold the notice if and so long as a committee of its Trust Officers trust officers of the Trustee in good faith determines that withholding the notice is in the interests of the Holders.

Appears in 20 contracts

Sources: Indenture (Altice USA, Inc.), Indenture (Altice USA, Inc.), Indenture (Altice USA, Inc.)

Notice of Defaults. If a Default occurs and is continuing and if it is actually known to the Trustee, the Trustee shall mail to each Holder notice of the Default within the earlier of 90 days after it occurs or 30 days after it is actually known to a Trust Officer or written notice of it is received by the Trustee. Except in the case of a Default in the payment of principal of, premium (if any) or interest on any NoteSecurity, the Trustee may withhold the notice if and so long as a committee of its Trust Officers in good faith determines that withholding the notice is in the interests of the Holders.

Appears in 19 contracts

Sources: Indenture (Verso Paper Holdings LLC), Third Supplemental Indenture (Verso Paper Corp.), Indenture (Verso Paper Corp.)

Notice of Defaults. If a Default occurs and is continuing and if it is actually known to the Trusteea Trust Officer, the Trustee shall mail send to each Holder notice of the Default within the earlier later of 90 days after it occurs or and 30 days after it is actually known to a Trust Officer or written notice of it is received by the Trustee. Except in the case of a Default in the payment of principal of, premium (if any) or interest on any NoteSecurity, the Trustee may withhold the notice if and so long as a committee of its Trust Officers in good faith determines that withholding the notice is in the interests of the Holders.

Appears in 17 contracts

Sources: Indenture (Albertsons Companies, Inc.), Indenture, Indenture (Albertsons Companies, Inc.)

Notice of Defaults. If a Default occurs and is continuing and if it is actually known to a Trust Officer of the Trustee, the Trustee shall mail send to each Holder notice of the Default within the earlier of 90 days after it occurs or 30 days after it is actually known to a Trust Officer or written notice of it is received by the Trustee. Except in the case of a Default in the payment of principal of, premium (if any) or interest on any NoteSecurity, the Trustee may withhold the notice if and so long as a committee of its Trust Officers it in good faith determines that withholding the notice is in the interests of the Holders.

Appears in 11 contracts

Sources: Indenture (Berry Global Group, Inc.), Indenture (Berry Global Group, Inc.), Indenture (Berry Global Group, Inc.)

Notice of Defaults. If a Default occurs and is continuing and if it is actually known to the Trustee, the Trustee shall mail to each Holder Holder, with a copy to the Collateral Agent, notice of the Default within the earlier of 90 days after it occurs or 30 days after it is actually known to a Trust Officer or written notice of it is received by the TrusteeTrustee obtains such knowledge. Except in the case of a Default in the payment of principal of, premium (premium, if any) , or interest on any Note, the Trustee may withhold the notice if and so long as a committee of its Trust Officers of the Trustee in good faith determines that withholding the notice is in the interests of the Holders.

Appears in 6 contracts

Sources: Indenture (McClatchy Co), Indenture (McClatchy Co), Indenture (CNO Financial Group, Inc.)

Notice of Defaults. If a Default occurs and is continuing and if it is actually known to the Trustee, the Trustee shall mail deliver to each Holder notice of the Default within the earlier of 90 days after it occurs or 30 days after it is actually known to a Trust Officer or written notice of it is received by the Trustee. Except in the case of a Default in the payment of principal of, premium (if any) or interest on any NoteSecurity, the Trustee may withhold the notice if and so long as a committee of its Trust Officers in good faith determines that withholding the notice is in the interests of the Holders.

Appears in 5 contracts

Sources: Indenture (MPM Silicones, LLC), Indenture (MPM Silicones, LLC), Indenture (MPM Silicones, LLC)

Notice of Defaults. If a Default occurs and is continuing and if it is actually known to the Trustee, the Trustee shall must mail to each Holder notice of the Default within the earlier of 90 days after it occurs or 30 days after it is actually known to a Trust Officer or written notice of it is received by the Trustee. Except in the case of a Default in the payment of principal of, premium (if any) or interest on any NoteSecurity, the Trustee may withhold the notice if and so long as a committee of its Trust Officers in good faith determines that withholding the notice is in the interests of the Holders.

Appears in 5 contracts

Sources: Merger Agreement, Indenture (NewPage Holdings Inc.), Indenture (Verso Paper Corp.)

Notice of Defaults. If a Default occurs and is continuing and if it is actually known to the Trustee, the Trustee shall mail or otherwise deliver in accordance with the procedures of the Depositary to each Holder Holders a notice of the Default within the earlier of 90 ninety (90) days after it occurs obtains knowledge thereof, unless such default shall have been cured or 30 days after it is actually known to a Trust Officer or written notice of it is received by the Trusteewaived. Except in the case of a Default in relating to the payment of principal ofprincipal, premium (premium, if any) , or interest on any Note, the Trustee may withhold from the Holders notice of any continuing Default if and so long as a committee of its Trust Officers it in good faith determines that withholding the notice is in the interests of the Holders.

Appears in 5 contracts

Sources: Indenture (MultiPlan Corp), Indenture (MultiPlan Corp), Indenture (MultiPlan Corp)

Notice of Defaults. If a Default occurs and is continuing and if it is actually known to the Trustee, the Trustee shall mail to each Holder Securityholder notice of the Default within the earlier of 90 days after it occurs or 30 days after it is actually known to a Trust Officer or written notice of it is received by the Trusteetrust officer. Except in the case of a Default in the payment of principal of, premium (if any) of or interest on any NoteSecurity (including payments pursuant to the mandatory redemption provisions of such Security, if any), the Trustee may withhold the notice if and so long as a committee of its Trust Officers in good faith determines that withholding the notice is in the interests of the HoldersSecurityholders.

Appears in 5 contracts

Sources: Indenture (Argo Tech Corp), Indenture (Argo Tech Corp), Indenture (Peninsula Cellular Services Inc)

Notice of Defaults. If a Default occurs and is continuing and if it is actually known to the TrusteeTrustee has actual knowledge of such default, the Trustee shall mail to each Holder notice of the Default within the earlier of 90 days after it occurs or 30 days after it is actually known to a Trust Officer or written notice of it is received by the Trusteeoccurs. Except in the case of a Default in the payment of the principal of, premium (or premium, if any) , or interest on any NoteNote or a default in the observance or performance of any of the obligations of the Company under Article Five, the Trustee may withhold the notice if and so long as a committee of its Trust Responsible Officers in good faith determines that withholding the notice is in the interests best interest of the Holders.

Appears in 5 contracts

Sources: Indenture (Norske Skog Canada LTD), Indenture (Norske Skog Canada LTD), Indenture (Norske Skog Canada LTD)

Notice of Defaults. If a Default occurs and is continuing and if it is actually known to a Responsible Officer of the Trustee, the Trustee shall electronically deliver or mail to each Holder of the Securities notice of the Default within the earlier of 90 days after it occurs or 30 days after it is actually known to a Trust Responsible Officer of the Trustee or written notice of it is received by the Trustee. Except in the case of a Default in the payment of principal of, premium (if any) or interest on any NoteSecurity, the Trustee may withhold the notice if and so long as a committee Responsible Officer of its Trust Officers the Trustee in good faith determines that withholding the notice is in the interests of the HoldersHolders of the Securities.

Appears in 5 contracts

Sources: Indenture (Constellium Se), Indenture (Constellium Se), Indenture (Constellium Se)

Notice of Defaults. If a Default occurs and is continuing and if it is actually known to the TrusteeTrustee has actual knowledge of such default, the Trustee shall mail to each Holder notice of the Default within the earlier of 90 days after it occurs or 30 days after it is actually known to a Trust Officer or written notice of it is received by the Trusteeoccurs. Except in the case of a Default in the payment of the principal of, premium (or premium, if any) , or interest on any NoteNote or a default in the observance or performance of any of the obligations of the Issuer under Article Five, the Trustee may withhold the notice if and so long as a committee of its Trust Responsible Officers in good faith determines that withholding the notice is in the interests best interest of the Holders.

Appears in 4 contracts

Sources: Indenture (Ipsco Inc), Indenture (Massey Energy Co), Indenture (Massey Energy Co)

Notice of Defaults. If a Default occurs with respect to the Securities and is continuing and if it is actually known to a Responsible Officer of the Trustee, the Trustee shall mail to each Holder of the Securities, notice of the Default within the earlier of 90 days after it occurs or 30 days after it is actually known to a Trust Officer or written notice of it is received by the Trusteeoccurs. Except in the case of a Default default in the payment of principal of, premium (if any) of or interest on any Notethe Securities, the Trustee may withhold the notice if and so long as a committee of its Trust Responsible Officers in good faith determines that withholding the notice is in the interests of the HoldersHolders of the Securities.

Appears in 4 contracts

Sources: Indenture (Mandalay Resort Group), Indenture (Mandalay Resort Group), Indenture (Mandalay Resort Group)

Notice of Defaults. If a Default occurs and is continuing and if it is actually known to the Trustee, the Trustee shall mail to each Holder notice of the Default within the earlier of 90 days after it occurs or 30 days after it is actually known to a Trust Officer or written notice of it is received by the TrusteeOfficer. Except in the case of a Default in the payment of principal of, premium (if any) of or interest on any Note (including payments pursuant to the mandatory redemption provisions of such Note, if any), the Trustee may withhold the notice if and so long as a committee of its Trust Officers in good faith determines that withholding the notice is in the interests of the Holders.

Appears in 4 contracts

Sources: Indenture (Memc Electronic Materials Inc), Indenture (Memc Electronic Materials Inc), Indenture (Memc Electronic Materials Inc)

Notice of Defaults. If a Default occurs and is continuing and if it is actually known to the Trustee, the Trustee shall mail to each Holder notice of the Default within the earlier of 90 days after it occurs or 30 days after it is actually known to a Trust Officer or written notice of it is received by the Trusteetrust officer. Except in the case of a Default in the payment of principal of, premium (if any) of or interest on any NoteSecurity (including payments pursuant to the mandatory redemption provisions of such Security, if any), the Trustee may withhold the notice if and so long as a committee of its Trust Officers in good faith determines that withholding the notice is in the interests of the Holders.

Appears in 4 contracts

Sources: Indenture (Land O Lakes Inc), Indenture (Donjoy LLC), Indenture (Wki Holding Co Inc)

Notice of Defaults. If a Default occurs and is continuing and if it is actually known to the Trusteea Trust Officer, the Trustee shall mail send to each Holder notice of the Default within the earlier of 90 days after it occurs or 30 days after it is actually known to a Trust Officer or written notice of it is received by the Trustee. Except in the case of a Default in the payment of principal of, premium (if any) or interest on any NoteSecurity, the Trustee may withhold the notice if and so long as a committee of its Trust Officers in good faith determines that withholding the notice is in the interests of the Holders.

Appears in 4 contracts

Sources: Indenture (Phoenix Consulting Group, LLC), Indenture (TPC Group Inc.), Indenture (Remington Arms Co Inc/)

Notice of Defaults. If a Default occurs and is continuing and if it is actually known to the Trustee, the Trustee shall mail deliver to each Holder notice of the Default within the earlier of 90 days after it occurs or 30 days after it is actually known to a Trust Officer or written notice of it is received by the Trustee. Except in the case of a Default in the payment of principal of, premium (if any) or interest on on, any Note, the Trustee may withhold the notice if and so long as a committee of its Trust Officers in good faith determines that withholding the notice is in the interests of the Holders.

Appears in 4 contracts

Sources: Indenture (Momentive Performance Materials Inc.), Indenture (Momentive Performance Materials Inc.), Indenture (Momentive Performance Materials Quartz, Inc.)

Notice of Defaults. If a Default occurs and is continuing and if it is actually known to the Trustee, the Trustee shall mail to each Holder notice of the Default within the earlier of 90 days after it occurs or 30 days after it is actually known to a Trust Officer or written notice of it is received by the Trusteeoccurs. Except in the case of a Default in the payment of principal the principal, premium, if any, Redemption Price or Purchase Price of, premium (if any) or and accrued interest on on, any Note, the Trustee may withhold the notice if and so long as a the board of directors of the Trustee, the executive committee or any trust committee of such board and/or its Trust Officers in good faith determines determine(s) that withholding the notice is in the interests interest of the Holders.

Appears in 4 contracts

Sources: Indenture (Petro Stopping Centers L P), Indenture (Petro Financial Corp), Indenture (Petro Holdings Financial Corp)

Notice of Defaults. If a Default occurs and is continuing and if it is actually known to the Trustee, the Trustee shall mail or otherwise deliver in accordance with the procedures of DTC to each Holder Holders a notice of the Default within the earlier of 90 days after it occurs or 30 if later, 15 days after it is actually known to a Trust Officer obtains knowledge thereof, unless such default shall have been cured or written notice of it is received by the Trusteewaived. Except in the case of a Default in relating to the payment of principal ofprincipal, premium (premium, if any) , or interest on any Note, the Trustee may withhold from the Holders notice of any continuing Default if and so long as a committee of its Trust Officers it in good faith determines that withholding the notice is in the interests of the Holders.

Appears in 4 contracts

Sources: Indenture (LPL Financial Holdings Inc.), Indenture (LPL Financial Holdings Inc.), Indenture (LPL Financial Holdings Inc.)

Notice of Defaults. If a Default or Event of Default occurs and is continuing and if it is actually known to the Trusteecontinuing, the Trustee shall mail to each Holder Holders of Securities a notice of the Default or Event of Default within the earlier of 90 ninety (90) days after it occurs or 30 days after it is actually such Event of Default becomes known to a Trust Officer or written notice of it is received by the Trustee. Except in the case of a Default in the payment of principal of, premium (if any) or interest on any NoteSecurity (including the failure to make a mandatory repurchase pursuant hereto), the Trustee may withhold the notice if and so long as a committee of its Trust Responsible Officers in good faith determines that withholding the notice is in the interests of the HoldersHolders of the Securities.

Appears in 3 contracts

Sources: Indenture (Terremark Worldwide Inc), Indenture (Terremark Worldwide Inc), Indenture (Terremark Worldwide Inc)

Notice of Defaults. If a Default occurs and is continuing and if it is actually known to the Trustee, the Trustee shall mail or otherwise deliver in accordance with the procedures of the Depositary to each Holder Holders a notice of the Default within the earlier of 90 days after it occurs obtains knowledge thereof, unless such default shall have been cured or 30 days after it is actually known to a Trust Officer or written notice of it is received by the Trusteewaived. Except in the case of a Default in relating to the payment of principal ofprincipal, premium (premium, if any) , or interest on any Note, the Trustee may withhold from the Holders notice of any continuing Default if and so long as a committee of its Trust Officers it in good faith determines that withholding the notice is in the interests of the Holders.

Appears in 3 contracts

Sources: Indenture (MultiPlan Corp), Indenture (MultiPlan Corp), Indenture (MultiPlan Corp)

Notice of Defaults. If a Default or an Event of Default occurs and is continuing and if it is actually known to the Trustee, the Trustee shall must mail to each Holder Noteholder notice of the Default within the earlier of 90 days after it occurs or 30 days after it is actually known to a Trust Officer or written notice of it is received by the Trustee. Except in the case of a Default in the payment of principal of, premium (if any) or interest on any Note, the Trustee may withhold the notice if and so long as a committee of its Trust Officers in good faith determines that withholding the notice is in not opposed to the interests of the HoldersNoteholders.

Appears in 3 contracts

Sources: Indenture (Spectrasite Holdings Inc), Indenture (Spectrasite Holdings Inc), Indenture (Spectrasite Holdings Inc)

Notice of Defaults. If a Default occurs and is continuing and if it is actually known to the Trustee, the Trustee shall mail to each Holder notice of the Default within the earlier of 90 days after it occurs or 30 days after it is actually known to a Trust Officer or written notice of it is received by the Trustee. Except in the case of a Default in the payment of principal of, premium (if any) or interest on any NoteSecurity (including payments pursuant to the redemption provisions of such Security), the Trustee may withhold the notice if and so long as a committee of its Trust Officers in good faith determines that withholding the notice is in the interests of the Holders.

Appears in 3 contracts

Sources: Indenture (SOUTHERN DEVELOPMENT Co), Indenture (Kansas City Southern), Indenture (Kansas City Southern)

Notice of Defaults. If a Default occurs and is continuing with respect to the Notes and if it is actually known to the Trustee, the Trustee shall mail or electronically transmit to each Holder of the Notes notice of the Default within the earlier of 90 days after it occurs or 30 days after it is actually known to a Trust Officer or written notice of it is received by the Trustee. Except in the case of a Default in the payment of principal ofor premium, premium (if any) , or interest on any Notethe Notes, the Trustee may withhold the notice if and so long as a committee of its Trust Officers in good faith determines that withholding the notice is in the interests of the Holders.

Appears in 3 contracts

Sources: Indenture (Capmark Finance Inc.), Indenture (Capmark Finance Inc.), Indenture (Capmark Finance Inc.)

Notice of Defaults. If a Default or Event of Default occurs and is continuing and if it is actually known to the Trustee, the Trustee shall will mail to each Holder Holders a notice of the Default or Event of Default within the earlier of 90 days 15 Business Days after it occurs or 30 days after it is actually known to a Trust Officer or written notice of it is received by the Trusteeoccurs. Except in the case of a Default or Event of Default in the payment of principal of, premium (on, if any) , interest or interest Additional Amounts, if any, on any NoteNotes, the Trustee may withhold the notice if and so as long as a committee of its Trust Responsible Officers in good faith determines that withholding the notice is in the best interests of the Holders.

Appears in 3 contracts

Sources: Indenture (Nord Anglia Education, Inc.), Indenture (Nord Anglia Education, Inc.), Indenture (Nord Anglia Education, Inc.)

Notice of Defaults. If a Default occurs and is continuing and if it is actually known to the Trustee, the Trustee shall mail to each Holder notice of the Default within the earlier of (a) 90 days after it occurs or (b) 30 days after it is actually known to a Trust Officer or written notice of it is received by the Trustee. Except in the case of a Default in the payment of principal of, premium (if any) or interest on any Note, the Trustee may withhold the notice if and so long as a committee of its Trust Officers in good faith determines that withholding the notice is in the interests of the Holders.

Appears in 3 contracts

Sources: Indenture (Rural Metro Corp /De/), Indenture (Rural Metro Corp /De/), Indenture (Rural Metro Corp /De/)

Notice of Defaults. If a Default occurs and is continuing and if it is actually known to a Trust Officer of the Trustee, the Trustee shall mail send to each Holder notice of the Default within the earlier of 90 days after it occurs or 30 days after it is actually known to a Trust Officer or written notice of it is received by the Trustee, or promptly after discovery or obtaining notice if such discovery is made or notice is received 90 days after the Default occurs. Except in the case of a Default in the payment of principal of, premium (if any) or interest on any Note, the Trustee may withhold the notice if and so long as a committee of its Trust Officers it in good faith determines that withholding the notice is in the interests of the Holders.

Appears in 3 contracts

Sources: Indenture (Homefed Corp), Indenture (Homefed Corp), Indenture (Metaldyne Performance Group Inc.)

Notice of Defaults. If a Default occurs and is continuing and if it is actually known to a Trust Officer of the Trustee, the Trustee shall mail send to each Holder notice of the Default within the earlier of 90 days after it occurs or 30 days after it is actually known to a Trust Officer or written notice of it is received by the Trustee, or promptly after discovery or obtaining notice if such discovery is made or notice is received 90 days after the Default occurs. Except in the case of a Default in the payment of principal of, premium (if any) or interest on any NoteSecurity, the Trustee may withhold the notice if and so long as a committee of its Trust Officers it in good faith determines that withholding the notice is in the interests of the Holders.

Appears in 3 contracts

Sources: Indenture (Party City Holdco Inc.), Indenture (PQ Group Holdings Inc.), Indenture (Hillman Companies Inc)

Notice of Defaults. If a Default occurs and is continuing and if it is actually known to a Trust Officer of the Trustee, the Trustee shall mail send to each Holder notice of the Default within the earlier later of 90 days after it occurs or 30 days after it is actually known to a Trust Officer or written notice of it is received by the Trustee, or promptly after discovery or obtaining notice if such discovery is made or notice is received 90 days after the Default occurs. Except in the case of a Default in the payment of principal of, premium (if any) or interest on any Note, the Trustee may withhold the notice if and so long as a committee of its Trust Officers it in good faith determines that withholding the notice is in the interests of the Holders.

Appears in 3 contracts

Sources: Indenture (Tenneco Inc), Indenture (Tenneco Inc), Indenture (Kronos Worldwide Inc)

Notice of Defaults. If a Default occurs and is continuing and if it is actually known to the Trustee, the Trustee shall mail to each Holder notice of the Default must send within the earlier of 90 days after it occurs or 30 days after it is actually occurs, to all Holders as their names and addresses appear in the Note Register, notice of such Default hereunder known to a Trust Officer the Trustee unless such Default shall have been cured or written notice of it is received by the Trustee. Except waived; provided, however, that, except in the case of a Default in the payment of principal of, or premium (if any) or interest on on, any Note, the Trustee may withhold the notice if and so long as a committee of its Trust Officers the Trustee in good faith determines that withholding the notice is in the interests of the Holders.

Appears in 3 contracts

Sources: Indenture (Ambac Financial Group Inc), Indenture (Ambac Financial Group Inc), Rehabilitation Exit Support Agreement (Ambac Financial Group Inc)

Notice of Defaults. If a Default occurs and is continuing and if it is actually known to the Trustee, the Trustee shall mail deliver to each Holder notice of the Default within the earlier of 90 days after it occurs or 30 days after it is actually known to a Trust Officer or written notice of it is received by the Trustee. Except in the case of a Default in the payment of principal of, premium (if any) or interest on any Note, the Trustee may withhold the notice if and so long as a committee of its Trust Officers in good faith determines that withholding the notice is in the interests of the Holders.

Appears in 3 contracts

Sources: Indenture (Momentive Performance Materials Inc.), Indenture (Momentive Performance Materials Inc.), Indenture (Momentive Performance Materials Inc.)

Notice of Defaults. If a Default occurs and is continuing and if it is actually known to the Trustee, the Trustee shall mail send to each Holder notice of the Default within the earlier of 90 days after it occurs or 30 days after it is actually known to a Trust Officer or written notice of it is received by the Trustee. Except in the case of a Default in the payment of principal of, premium (if any) or interest on any NoteSecurity, the Trustee may withhold the notice if and so long as a committee of its Trust Officers it in good faith determines that withholding the notice is in the interests of the Holders.

Appears in 3 contracts

Sources: Indenture (Berry Plastics Corp), Indenture (Aeroways, LLC), Indenture (Cke Restaurants Inc)

Notice of Defaults. If a Default occurs and is continuing and if it is actually known to the Trustee, the Trustee shall mail to each Holder notice of the Default within the earlier of 90 days after it occurs or 30 days after it is actually known to a Trust Officer or written notice of it is received by the Trustee. Except in the case of a Default in the payment of principal of, premium (if any) or interest (including deferred interest) on any Note, the Trustee may withhold the notice if and so long as a committee of its Trust Officers in good faith determines that withholding the notice is in the interests of the Holders.

Appears in 3 contracts

Sources: Indenture (Otelco Inc.), Indenture (Brindlee Mountain Telephone Co), Indenture (Otelco Telecommunications LLC)

Notice of Defaults. If a Default occurs and is continuing and if it is actually known to a Trust Officer of the Trustee, the Trustee shall mail send to each Holder notice of the Default within the earlier of 90 days after it occurs or 30 days after it is actually known to a Trust Officer or written notice of it is received by the Trustee, or promptly after discovery or obtaining notice if such discovery is made or notice is received more than 90 days after the Default occurs. Except in the case of a Default in the payment of principal of, premium (if any) or interest on any NoteSecurity, the Trustee may withhold the notice if and so long as a committee of its Trust Officers it in good faith determines that withholding the notice is in the interests of the Holders.

Appears in 2 contracts

Sources: Indenture (Party City Holdco Inc.), Indenture (Party City Holdco Inc.)

Notice of Defaults. If a Default or Event of Default occurs and is continuing and if it is actually known to the Trustee, the Trustee shall mail transmit to each Holder Holders a notice of the Default or Event of Default within the earlier of 90 days after it occurs or 30 days if discovered later than 90 days, promptly after it is actually known to a Trust Officer or written notice of it is received by the Trusteesuch discovery. Except in the case of a Default or Event of Default in the payment of principal of, premium (premium, if any) , or interest on on, any Note, the Trustee may withhold the notice if and so long as a committee of its Trust Officers the Trustee in good faith determines that withholding the notice is in the interests of the HoldersHolders of the Notes.

Appears in 2 contracts

Sources: Indenture (Vantage Drilling International), Indenture (Vantage International Management Pte Ltd.)

Notice of Defaults. If a Default occurs and is continuing and if it is actually known to the Trusteea Trust Officer, the Trustee shall mail send to each Holder notice of the Default within the earlier of 90 days after it occurs or 30 days after it is actually known to a Trust Officer or written notice of it is received by the Trustee. Except in the case of a Default in the payment of principal of, premium (if any) or interest on any NoteNotes, the Trustee may withhold the notice if and so long as a committee of its Trust Officers it in good faith determines that withholding the notice is in the interests of the Holders.

Appears in 2 contracts

Sources: Indenture (Delta Tucker Holdings, Inc.), Indenture (Worldwide Recruiting & Staffing Services LLC)

Notice of Defaults. If a Default occurs and is continuing and if it is actually known to a Trust Officer of the Trustee, the Trustee shall mail to each Holder and publish in accordance with Section 15.02 notice of the Default within the earlier of 90 days after it occurs or 30 days after it is actually known to a Trust Officer or written notice of it is received by the Trusteeoccurs. Except in the case of a Default in the payment of principal of, premium or interest or Additional Amounts on, any Note (including payments pursuant to the mandatory redemption provisions of such Note, if any) or interest on any Note), the Trustee may withhold the notice if and so long as a committee of its Trust Officers in good faith determines that withholding the notice is in not opposed to the interests of the Holders.

Appears in 2 contracts

Sources: Indenture (Pt Polytama Propindo), Indenture (Pt Polytama Propindo)

Notice of Defaults. If a Default occurs and is continuing and if it is actually known to a Trust Officer of the Trustee, the Trustee shall mail deliver to each Holder notice of the Default within the earlier of 90 days after it occurs or 30 days after it is actually known to a the Trust Officer or written notice of it is received by the TrusteeTrustee has actual knowledge of the Default. Except in the case of a Default in the payment of principal of, premium (premium, if any) , or interest on any Note, the Trustee may withhold the notice if and so long as a committee of its Trust Officers the Trustee in good faith determines that withholding the notice is in the interests of the Holders.

Appears in 2 contracts

Sources: Indenture (CommScope Holding Company, Inc.), Indenture (CommScope Holding Company, Inc.)

Notice of Defaults. If a Default occurs and is continuing and if it is actually known to the Trustee, the Trustee shall mail to each Holder notice of the Default within the earlier of 90 days after it occurs or 30 days after it is actually known to a Trust Officer or written notice of it is received by the Trustee. Except in the case of a Default in the payment of principal of, premium (if any) or interest on any NoteSecurity (including payments pursuant to the redemption provisions of such Security, if any), the Trustee may withhold the notice if and so long as a committee of its Trust Officers in good faith determines that withholding the notice is in the interests of the Holders.

Appears in 2 contracts

Sources: Indenture (Dex Media International Inc), Indenture (Dex Media Inc)

Notice of Defaults. If a Default occurs and is continuing and if it is actually known to the Trustee, the Trustee shall mail to each Holder notice of the Default within the earlier of 90 days after it occurs or 30 days after it is actually known to a Trust Officer or written notice of it is received by the Trustee. Except in the case of a Default in the payment of principal Accreted Value of, premium (premium, if any) , or interest interest, if any, on any NoteSecurity, the Trustee may withhold the notice if and so long as a committee of its Trust Officers in good faith determines that withholding the notice is in the interests of the Holders.

Appears in 2 contracts

Sources: Indenture (Nalco Energy Services Equatorial Guinea LLC), Indenture (Nalco Finance Holdings Inc.)

Notice of Defaults. If a Default occurs and is continuing and if it is actually known to the Trustee, subject to the following sentence, the Trustee shall mail or otherwise deliver to each Holder in accordance with the applicable procedures of the Depositary notice of the Default within the earlier of 90 days after it occurs or 30 days after it is actually known to a Trust Officer or written notice of it is received by the Trusteeoccurs. Except in the case of a Default in the payment of principal of, premium (or premium, if any) , or interest on interest, on, any NoteSecurity, the Trustee may withhold the notice if and so long as a committee of its Trust Officers Officer in good faith determines that withholding the notice is in the interests interest of the Holders.

Appears in 2 contracts

Sources: Indenture (Greif Inc), Indenture (Beacon Roofing Supply Inc)

Notice of Defaults. If a Default occurs and is continuing and if it is actually known to the Trustee, the Trustee shall mail to each Holder notice of the Default within the earlier of 90 days after it occurs or 30 days after it is actually known to a Trust Officer or written notice of it is received by the Trustee. Except in the case of a Default in the payment of principal of, premium (if any) or interest on any NoteSecurity (including 51 payments pursuant to the redemption provisions of such Security, if any), the Trustee may withhold the notice if and so long as a committee of its Trust Officers in good faith determines that withholding the notice is in the interests of the Holders.

Appears in 2 contracts

Sources: Indenture (Dex Media Inc), Indenture (Dex Media International Inc)

Notice of Defaults. If a Default occurs and is continuing and if it is actually known to the Trustee, the Trustee shall mail send to each Holder notice of the Default within the earlier of 90 days after such Default first occurs, or, if it occurs or 30 days is not known to the Trustee at such time, as soon as practicable after it is actually known to a Trust Officer or written notice of it is received by the Trustee. Except ; provided, however, that except in the case of a Default that is, or would lead to, an Event of Default described in the payment of principal ofSection 5.02(a), premium (if anySection 5.02(b), Section 5.02(c) or interest on any NoteSection 5.02(d) hereof, the Trustee may withhold the notice if and so long as a committee of its Trust Officers it in good faith determines that withholding the notice is in the interests of the Holders.

Appears in 2 contracts

Sources: Second Supplemental Indenture (Ship Finance International LTD), First Supplemental Indenture (Ship Finance International LTD)

Notice of Defaults. If a Default occurs and is continuing and if it written notice thereof is actually known to received by the Trustee, the Trustee shall mail deliver, to each Holder notice of as its name and address appears in the Default Note Register, within the earlier of 90 days after it occurs or 30 days after it is actually known to a Trust Officer or written occurs, notice of it is received by the Trusteesuch Default unless such Default shall have been cured or waived. Except in the case of a Default in the payment of principal of, or premium (if any) or interest on on, any Note, the Trustee may withhold the notice if and so long as a committee of its Trust Officers the Trustee in good faith determines that withholding the notice is in the interests of the Holders.

Appears in 2 contracts

Sources: Indenture (Frontdoor, Inc.), Indenture (Servicemaster Global Holdings Inc)

Notice of Defaults. If a Default occurs and is continuing and if it is actually known to the Trustee, the Trustee shall must mail to each Holder Holder, with a copy to the Company, notice of the Default within the earlier of 90 days after it occurs or 30 days after it is actually known to a Trust Officer or written notice of it is received by the Trusteeoccurs. Except in the case of a Default in the payment of principal ofprincipal, premium interest (including special interest, if any) or interest and premium, if any, on any Note, including an accelerated payment and the failure to make a payment on the Change of Control Payment Date pursuant to a Change of Control offer, the Trustee may withhold the notice if and so long as a committee of its Trust Officers in good faith determines that withholding the notice is in the interests of the HoldersHolders of the Notes.

Appears in 2 contracts

Sources: Indenture (Nutra Sales Corp), Indenture (Nutra Sales Corp)

Notice of Defaults. If a Default occurs and occurs, is continuing and if it is actually known to the Trustee, the Trustee shall mail to each Holder notice of the Default within the earlier of 90 days after it occurs or 30 days after it is actually known to a Trust Officer or written of the Trustee, the Trustee shall send to each Securityholder notice of the Default within 90 days after it is received by occurs. Notwithstanding the Trustee. Except immediately preceding sentence, except in the case of a Default in involving the payment of principal of, premium (if any) of or interest on any NoteSecurity (including payments pursuant to the mandatory redemption provisions of such Security, if any), the Trustee may withhold the notice if and so long as a committee of its Trust Officers the Trustee in good faith determines that withholding the notice is in not opposed to the interests of the HoldersSecurityholders.

Appears in 2 contracts

Sources: Indenture (Petroquest Energy Inc), Indenture (PetroQuest Energy, L.L.C.)

Notice of Defaults. If a Default occurs and is continuing and if it is actually known to the Trustee, the Trustee shall must mail to each Holder notice of the Default within the earlier of 90 days after it occurs or 30 days after it is actually occurs, to all Holders as their names and addresses appear in the Note Register, notice of such Default hereunder known to a Trust Officer the Trustee unless such Default shall have been cured or written notice of it is received by the Trustee. Except waived; provided, however, that, except in the case of a Default in the payment of the principal of, premium (or premium, if any) , or interest on any Note, the Trustee may withhold the shall be protected in withholding such notice if and so long as a committee of its Trust Officers the Trustee in good faith determines that the withholding the of such notice is in the interests of the Holders.

Appears in 2 contracts

Sources: Indenture (Sally Beauty Holdings, Inc.), Indenture (Sally Beauty Holdings, Inc.)

Notice of Defaults. If a Default occurs and is continuing and if it is actually known to the Trustee, the Trustee shall must mail to each Holder notice of the Default within the earlier of 90 days after it occurs or 30 days after it is actually occurs, to all Holders as their names and addresses appear in the Note Register, notice of such Default hereunder known to a Trust Officer the Trustee unless such Default shall have been cured or written notice of it is received by the Trustee. Except waived; provided, however, that, except in the case of a Default in the payment of the principal of, premium (premium, if any) , or interest on any Note, the Trustee may withhold the shall be protected in withholding such notice if and so long as a committee of its Trust Officers the Trustee in good faith determines that the withholding the of such notice is in the interests of the Holders.

Appears in 2 contracts

Sources: Indenture (Hertz Global Holdings Inc), Indenture (Hertz Global Holdings Inc)

Notice of Defaults. If a Default occurs and is continuing and if it is actually known to a Responsible Officer of the Trustee, the Trustee shall send electronically or mail to each Holder Holders a notice of the Default within the earlier of 90 days after it occurs or 30 15 days after it the Trustee has actual knowledge of the Default, whichever is actually known to a Trust Officer or written notice of it is received by the Trusteelater. Except in the case of a Default in the payment of principal of, premium (premium, if any) , or interest on any Note, the Trustee may withhold the notice if and so long as a committee of its Trust Officers the Trustee in good faith determines that withholding the notice is in the interests of the Holders.

Appears in 2 contracts

Sources: Indenture (Moog Inc.), Indenture (Moog Inc.)

Notice of Defaults. If a Default occurs and is continuing and if it is actually known to the Trustee, the The Trustee shall mail to each Holder give the Holders and any Representative of Senior Debt that has so requested in writing notice of the any Default hereunder within the earlier of 90 60 days after it occurs or 30 days after it is actually known to a Trust Officer or written notice of it is received by the Trustee. Except occurrence thereof; provided, that (except in the case of a any Default in the payment of principal of, premium (if any) Principal Amount or interest Interest on any Noteof the Securities or Fundamental Change Repurchase Price), the Trustee may withhold shall be protected in withholding such notice to the notice Holders (but not the Representative of the Senior Debt) if and so long as a committee of its Trust Officers officers of the Trustee in good faith determines that the withholding the of such notice is in the interests interest of the Holders.

Appears in 2 contracts

Sources: Indenture (Verisign Inc/Ca), Indenture (Microchip Technology Inc)

Notice of Defaults. If a Default or an Event of Default occurs and is continuing and if it is actually known to the Trustee, the Trustee shall mail to each Holder notice of the Default or Event of Default to each Holder within the earlier of 90 days after it occurs or 30 days after it is actually known to a Trust Officer or written notice of it is received by the Trustee. Except occurrence thereof; provided, -------- however, that, except in the case of a Default or an Event of Default in the ------- payment of the principal of, premium (premium, if any) , or interest on any Note, the Trustee may withhold the such notice if and so long as a committee of its Trust Officers trust officers in good faith determines that the withholding the of such notice is in the interests interest of the Holders.

Appears in 2 contracts

Sources: Indenture (Euronet Services Inc), Indenture (Euronet Services Inc)

Notice of Defaults. If a Default occurs and is continuing and if it is actually known to the Trustee, the Trustee shall mail to each Holder holder notice of the Default within the earlier later of 90 days after it occurs or 30 days after it is actually known to a Trust Responsible Officer or written notice of it is received by the Trustee. Except in the case of a Default in the payment of principal of, premium (if any) or interest on any Note, the Trustee may withhold the notice if and so long as a committee of its Trust Responsible Officers in good faith determines that withholding the notice is in the interests of the Holdersholders. The Issuer is required to deliver to the Trustee, annually, a certificate indicating whether the signers thereof know of any Default that occurred during the previous year.

Appears in 2 contracts

Sources: Indenture (TAMINCO ACQUISITION Corp), Indenture (TAMINCO ACQUISITION Corp)

Notice of Defaults. If a Default occurs and is continuing and if it is actually known to the Trustee, the Trustee shall mail to each Holder notice of the Default within the earlier of 90 days after it occurs or 30 days after it is actually known to a Trust Officer or written notice of it is received by the Trusteeoccurs. Except in the case of a Default in the payment of principal ofof (or premium, premium (if any) or interest on any NoteSecurity (including payments pursuant to the mandatory repurchase provisions of such Security, if any), the Trustee may withhold the notice if and so long as a committee of its Trust Officers the Trustee in good faith determines that withholding the notice is in the interests of the Holders.

Appears in 2 contracts

Sources: Indenture (Grey Wolf Inc), Indenture (Di Industries Inc)

Notice of Defaults. If a Default occurs and is continuing and if it is actually known to the Trusteea Trust Officer, the Trustee shall mail or deliver to each Holder notice of the Default within the earlier of 90 days after it occurs or 30 days after it is actually known to a Trust Officer or written notice of it is received by the Trustee. Except in the case of a Default in the payment of principal of, premium (if any) of or interest on any Note (including payments pursuant to the redemption provisions of such Note), the Trustee may withhold the notice if and so long as a committee of its Trust Officers in good faith determines that withholding the notice is in the interests of the Holders.

Appears in 2 contracts

Sources: Indenture (Goodyear Tire & Rubber Co /Oh/), Indenture (Goodyear Tire & Rubber Co /Oh/)

Notice of Defaults. If a Within 90 days after the occurrence of any Default occurs and is continuing and if it is actually known to the Trusteehereunder, the Trustee shall mail transmit to each Holder all Holders notice of the such Default within the earlier of 90 days after it occurs or 30 days after it is actually hereunder known to a Trust Officer the Trustee in the manner provided in Section 107, unless such Default shall have been cured or written notice of it is received by the Trustee. Except waived; provided, however, that, except in the case of a Default default in the payment of the principal of, premium (if any) of or interest on any Note, the Trustee may withhold the shall be protected in withholding such notice if and so long as a committee the Board of its Directors and/or Trust Officers of the Trustee in good faith determines determine that the withholding the of such notice is in the interests interest of the Holders.

Appears in 2 contracts

Sources: Indenture (Aztar Corp), Indenture (Aztar Corp)

Notice of Defaults. If a Default occurs and is continuing and if it is actually known to the Trusteea Trust Officer, the Trustee shall mail to each Holder notice of the Default within the earlier of 90 days after it occurs or 30 days after it is actually known to a Trust Officer or written notice of it is received by the Trustee. Except in the case of a Default in the payment of principal of, premium (if any) or interest on any NoteSecurity (including payments pursuant to the redemption provisions of such Security), the Trustee may withhold the notice if and so long as a committee of its Trust Officers in good faith determines that withholding the notice is in the interests of the Holders.

Appears in 2 contracts

Sources: Indenture (Goodyear Tire & Rubber Co /Oh/), Indenture (Goodyear Tire & Rubber Co /Oh/)

Notice of Defaults. If a Default occurs and is continuing and if it is actually known to the Trustee, the Trustee shall mail to each Holder notice of the Default within the earlier of 90 days after it occurs or 30 days after it is actually known to a Trust Officer or written notice of it is received by the Trustee. Except in the case of a Default in the payment of principal Accreted Value of, premium (if any) or interest on any Note, the Trustee may withhold the notice if and so long as a committee of its Trust Officers in good faith determines that withholding the notice is in the interests of the Holders.

Appears in 2 contracts

Sources: Indenture (Intelsat LTD), Indenture (Intelsat LTD)

Notice of Defaults. If a Default occurs and is continuing and if it is actually known to the Trustee, the Trustee shall mail to each Holder notice of the Default must send within the earlier of 90 days after it occurs or 30 days after it is actually occurs, to all Holders as their names and addresses appear in the Note Register, notice of such Default hereunder known to a Trust Officer the Trustee unless such Default shall have been cured or written notice of it is received by the Trustee. Except waived; provided, however, that, except in the case of a Default in the payment of principal of, premium (or premium, if any) , or interest on on, any Note, the Trustee may withhold the notice if and so long as a committee of its Trust Officers the Trustee in good faith determines that the withholding the of such notice is in the interests of the Holders.

Appears in 2 contracts

Sources: Indenture (Core & Main, Inc.), Indenture (Nci Building Systems Inc)

Notice of Defaults. If a Default occurs and is continuing and if it is actually known to the Trustee, the Trustee shall mail to each Holder notice of the Default within the earlier of 90 days after it occurs or 30 days after it is actually known to a Trust Officer or written notice of it is received by the TrusteeOfficer. Except in the case of a Default in the payment of principal of, premium (if any) of or interest on any NoteSecurity (including payments pursuant to the mandatory redemption provisions of such Security, if any), the Trustee may withhold the notice if and so long as a committee of its Trust Officers in good faith determines that withholding the notice is in the interests of the Holders.

Appears in 2 contracts

Sources: Indenture (Pierson Industries Inc), Indenture (Pliant Corp International)

Notice of Defaults. If a Default occurs and is continuing and if it is actually known to the Trusteea Responsible Officer, the Trustee shall mail to each Holder of Securities pursuant to Section 13.02 a notice of the Default within the earlier of 90 days after it occurs or 30 days after it is actually known to a Trust Officer or written notice of it is received by the Trusteeoccurs. Except in the case of a Default in the any payment of principal of, premium (if any) or interest on any NoteSecurity, the Trustee may withhold the notice and shall be protected in so withholding if and so long as a committee of its Trust Officers it determines in good faith determines that withholding the notice is in the interests of the HoldersHolders of Securities.

Appears in 2 contracts

Sources: Indenture (Chesapeake Energy Corp), Indenture (Chesapeake Energy Corp)

Notice of Defaults. If a Default occurs and is continuing and if it is actually known to a Responsible Officer of the Trustee, the Trustee shall mail to each Holder notice of the Default within the earlier of 90 days after it occurs or 30 days after it is actually known to a Trust Officer or written notice of it is received by the Trusteeoccurs. Except in the case of a Default in the payment of the principal of, premium (or premium, if any) , or interest on any Note, Note the Trustee may withhold the notice if and so long as a the board of directors of the Trustee, the executive committee or any trust committee of such board and/or its Trust Responsible Officers in good faith determines determine(s) that withholding the notice is in the interests of the Holders.

Appears in 2 contracts

Sources: Indenture (Paxson Communications Corp), Indenture (Paxson Communications Corp)

Notice of Defaults. If a Default occurs and is continuing and if it is actually known to the TrusteeTrustee has actual knowledge of such Default, the Trustee shall mail to each Holder a notice of the Default within the earlier of 90 days after it occurs or 30 days after it is actually known to a Trust Officer or written notice the Trustee first has actual knowledge of it is received by the Trusteesuch Default. Except in the case of a an Event of Default specified in the payment of principal of, premium clauses (if any1) or interest on any Note(2) of Section 6.01(a), the Trustee may withhold the shall be protected in withholding such notice if and so long as the Board of Directors, the executive committee or a trust committee of its Trust directors or trustees and/or Responsible Officers of the Trustee determines in good faith determines that the withholding the of such notice is in the interests of the Holders.

Appears in 2 contracts

Sources: Indenture (Universal Health Services Inc), Indenture (Universal Health Services Inc)

Notice of Defaults. If a Default occurs and is continuing and if it is actually known to the Trustee, the Trustee shall mail to each Holder Holder, with a copy to the Collateral Agent, notice of the Default within the earlier of 90 days after it occurs or 30 days after it is actually known to a Trust Officer or written notice of it is received by the Trusteeoccurs. Except in the case of a Default in the payment of principal of, premium (premium, if any) , or interest on any Note, the Trustee may withhold the notice if and so long as a committee of its Trust Officers of the Trustee in good faith determines that withholding the notice is in the interests of the Holders.

Appears in 2 contracts

Sources: Indenture (American Axle & Manufacturing Holdings Inc), Indenture (Blockbuster Inc)

Notice of Defaults. If a Default occurs and is continuing and if it is actually known to the Trustee, the Trustee shall mail to each Holder notice of the Default within the earlier of 90 days after it occurs or 30 days after it is actually known to a Trust Officer or written notice of it is received by the Trusteetrust officer. Except in the case of a Default in the payment of principal of, premium (if any) of or interest on any Note (including payments pursuant to the mandatory redemption provisions of such Note, if any), the Trustee may withhold the notice if and so long as a committee of its Trust Officers in good faith determines that withholding the notice is in the interests of the Holders.

Appears in 2 contracts

Sources: Indenture (Semiconductor Components Industries LLC), Indenture (On Semiconductor Corp)

Notice of Defaults. If a Default occurs and is continuing and if it is actually known to the Trustee, the Trustee shall must mail to each Holder of Notes notice of the Default within the earlier of 90 days after it occurs or 30 days after it is actually known to a Trust Officer or written notice of it is received by the Trustee. Except in the case of a Default specified in the payment of principal of, premium (if anySection 6.01(1) or interest on any Note(2), the Trustee may withhold the notice if and so long as a committee of its Trust Officers in good faith determines that withholding the notice is in the interests of the HoldersHolders of Notes.

Appears in 2 contracts

Sources: Indenture (Hughes Communications, Inc.), Indenture (HNS Finance Corp.)

Notice of Defaults. If a Default occurs and is continuing and if it is actually known to the Trustee, the Trustee shall mail send to each Holder notice of the Default within the earlier of 90 days after it occurs or 30 days after it is actually known to a Trust Officer or written notice of it is received by the Trustee. Except in the case of a Default in the payment of principal of, premium (if any) or interest on any NoteSecurity, the Trustee may withhold the notice if and so long as a committee of its Trust Officers in good faith determines that withholding the notice is in the interests of the Holders.

Appears in 2 contracts

Sources: Indenture (Berry Plastics Corp), Indenture (Kerr Group Inc)

Notice of Defaults. If a Default occurs and is continuing and if it is actually known to the Trustee, the Trustee shall mail to each Holder notice of the Default within the earlier of 90 days after it occurs or 30 but in no event sooner than five days after it is the Trustee becomes actually known to a Trust Officer or written notice aware of it is received by the TrusteeDefault. Except in the case of a Default in the payment of principal ofof (or premium, premium (if any) or interest on any NoteSecurity (including payments pursuant to the mandatory repurchase provisions of such Security, if any), the Trustee may withhold the notice if and so long as a committee of its Trust Officers the Trustee in good faith determines that withholding the notice is in the interests of the Holders.

Appears in 2 contracts

Sources: Indenture (Trend Drilling Co), Indenture (Nabors Industries Inc)

Notice of Defaults. If a Default occurs and is continuing and if it is actually known to the Trustee, the Trustee shall mail to each Holder Securityholder notice of the Default within the earlier of 90 days after it occurs or 30 days after it is actually known to a Trust Officer or written notice of it is received by the TrusteeOfficer. Except in the case of a Default in the payment of principal of, premium (if any) of or interest on any NoteSecurity (including payments pursuant to the mandatory redemption provisions of such Security, if any), the Trustee may withhold the notice if and so long as a committee of its Trust Officers in good faith determines that withholding the notice is in the interests of the HoldersSecurityholders.

Appears in 2 contracts

Sources: Indenture (Evenflo Co Inc), Indenture (Corning Consumer Products Co)

Notice of Defaults. If a Default occurs with respect to the Securities and is continuing and if it is actually known to the Trustee, the Trustee shall mail send to each Holder a notice of the Default within the earlier of 90 days after it occurs or 30 days after it is actually known to a Trust Officer or written notice of it is received by a Trust Officer of the Trustee. Except in the case of a Default in the payment of principal of, premium (if any) or interest on any NoteSecurity, the Trustee may withhold the notice if and so long as a committee of its Trust Officers in good faith determines that withholding the notice is in the interests of the Holders.

Appears in 1 contract

Sources: Indenture (Transocean Ltd.)

Notice of Defaults. If a Default occurs and is continuing and if it is actually known to the Trustee, the Trustee shall mail to each Holder Noteholder notice of the Default within the earlier of 90 days after it occurs or 30 days after it is actually the Default first becomes known to a Trust Officer or written notice of it is received by the Trustee. Except in the case of a Default in the payment of the principal of, premium (or premium, if any) , or interest on any Note, Note the Trustee may withhold the notice if and so long as a the Board of Directors of the Trustee, the executive committee or any trust committee of such board and/or its Trust Officers in good faith determines determine(s) that withholding the notice is in the interests of the HoldersNoteholders.

Appears in 1 contract

Sources: Indenture (Muzak Heart & Soul Foundation)

Notice of Defaults. If a Default occurs and is continuing and if it is actually known to a Trust Officer or the Trustee, the Trustee shall mail to each Holder holder of the Notes notice of the Default within the earlier of 90 days after it occurs or 30 days after it is actually known to a Trust Officer or written notice of if it is received by the Trustee. Except in the case of a Default in the payment of principal of, premium (if any) or interest on any Note, the Trustee may withhold the notice if and so long as a committee of its Trust Officers in good faith determines that withholding the notice is in the interests of the Holdersnoteholders.

Appears in 1 contract

Sources: Indenture (Adtalem Global Education Inc.)

Notice of Defaults. If a Default occurs and is continuing and if it is actually known to a Trust Officer of the Trustee, the Trustee shall mail deliver to each Holder notice of the Default within the earlier of 90 days after it occurs or 30 days after it is actually known to a Trust Officer or written notice of it is received by the TrusteeTrustee or as soon thereafter as is reasonably practical. Except in the case of a Default in the payment of principal of, premium (if any) or interest on any Note, the Trustee may withhold the notice if and so long as a committee of its Trust Officers the Trustee in good faith determines that withholding the notice is in the interests of the Holders.

Appears in 1 contract

Sources: Indenture (Intelsat S.A.)

Notice of Defaults. If a Default occurs and occurs, is continuing and if it is actually known to the Trustee, the Trustee shall mail to each Holder give notice of the Default to each Holder within the earlier of 90 days after it occurs or 30 days after it is actually known to a Trust Officer or written notice of it is received by the Trusteeoccurs. Except in the case of a Default in the payment of principal ofof or interest on any Security (including payments pursuant to the mandatory redemption provisions of such Security, premium (if any) or interest on any Notea Default in complying with Section 5.01, the Trustee may withhold the notice if and so long as a committee of its Trust Officers in good faith determines that withholding the notice is in not opposed to the interests of the Holders.

Appears in 1 contract

Sources: Indenture (New Home Co Inc.)

Notice of Defaults. If a Default occurs and is ------------------ continuing and if it is actually known to the Trustee, the Trustee shall mail to each Holder notice of the Default within the earlier of 90 days after it occurs or 30 days after it is actually known to a Trust Officer or written notice of it is received by the TrusteeOfficer. Except in the case of a Default in the payment of principal of, premium (if any) of or interest on any NoteSecurity (including payments pursuant to the mandatory redemption provisions of such Security), the Trustee may withhold the notice if and so long as a committee of its Trust Officers in good faith determines that withholding the notice is in the interests of the Holders.

Appears in 1 contract

Sources: Indenture (Kansas City Southern Industries Inc)

Notice of Defaults. If a Default occurs and is continuing and if it is actually known to the Trustee, the Trustee shall mail to each Holder of the Securities notice of the Default within the earlier of 90 days after it occurs or 30 days after it is actually known to a Trust Officer or written notice of it is received by the Trustee. Except in the case of a Default in the payment of principal of, premium (if any) or interest on any NoteSecurity, the Trustee may withhold the notice if and so long as a committee of its Trust Officers in good faith determines that withholding the notice is in the interests of the Holders.Holders of the Securities. 84 US\DESMOLI\8895151.9

Appears in 1 contract

Sources: Indenture (Noranda Aluminum Holding CORP)

Notice of Defaults. If a Default occurs and is continuing and if it is actually known to the TrusteeTrustee has actual knowledge of such default, the Trustee shall mail to each Holder notice of the Default within the earlier of 90 days after it occurs or 30 days after it is actually known to a Trust Officer or written notice of it is received by the Trusteeoccurs. Except in the case of a Default in the payment of the principal of, premium (or premium, if any) , or interest on any NoteNote or a default in the observance or performance of any of the obligations of the Company under Article Five, the Trustee may withhold the notice if and so long as a -70- committee of its Trust Responsible Officers in good faith determines that withholding the notice is in the interests best interest of the Holders.

Appears in 1 contract

Sources: Indenture (Norske Skog Canada LTD)

Notice of Defaults. If a Default occurs and is continuing and if it is actually known to a Trust Officer of the Trustee, the Trustee shall mail to each Holder notice of the Default within the earlier of 90 days after it occurs or 30 days after it is actually known to a Trust Officer or written notice of it is received by the Trusteeoccurs. Except in the case of a Default in the payment of principal of, premium of or interest and Liquidated Damages (if any) or interest on any NoteSecurity (including payments pursuant to the mandatory redemption provisions of such Security, if any), the Trustee may withhold the notice if and so long as a committee of its Trust Officers in good faith determines that withholding the notice is in the interests of the Holders.

Appears in 1 contract

Sources: Indenture (Loral Space & Communications LTD)

Notice of Defaults. If a Default occurs and is continuing and if it is actually known to the Trustee, the Trustee shall mail to each Holder notice of the Default within the earlier of 90 days after it occurs or 30 days after it is actually known to a Trust Officer or written notice of it is received by the Trustee. Except in the case of a Default in the payment of principal of, premium (if any) or interest (including deferred interest) on any Note, the Trustee may withhold the notice if and so long as a committee of its Trust Officers in good faith determines that withholding the notice is in the interests of the Holders.

Appears in 1 contract

Sources: Indenture (American Seafoods Corp)

Notice of Defaults. If a Default occurs and is continuing and if it is actually known to the Trustee, the Trustee shall mail to each Holder notice of the Default within the earlier of 90 days after it occurs or 30 days after it is actually known to a Trust Officer or written notice of it is received by the Trustee. Except in the case of a Default in the payment of principal of, premium (if any) or interest on any NoteSecurity, the Trustee may withhold the notice if and so long as a committee of its Trust Officers in good faith determines that withholding the notice is in not opposed to the interests of the Holders.

Appears in 1 contract

Sources: Indenture (Ryan's Restaurant Leasing Company, LLC)

Notice of Defaults. If a Default occurs and is continuing and if it is actually known to the Trustee, the Trustee shall mail to each Holder notice of the such Default within the earlier of 90 days after it occurs or 30 days after it is actually known to a Trust Officer or written notice of it is received by the Trustee. Except in the case of a Default in the payment of principal of, premium (69 62 and Liquidated Damages, if any) , or interest on any Note, the Trustee may withhold the notice if and so long as a committee of its Trust Officers in good faith determines that withholding the notice is in the interests of the Holders.

Appears in 1 contract

Sources: Series C Note Indenture (Iridium Capital Corp)

Notice of Defaults. If a Default occurs and is continuing and if it is actually known to the Trustee, the Trustee shall must mail to each Holder notice of the Default within the earlier of 90 days after it occurs or 30 days after it is actually occurs, to all Holders as their names and addresses appear in the Note Register, notice of such Default hereunder known to a Trust Officer the Trustee unless such Default shall have been cured or written notice of it is received by the Trustee. Except waived; provided, however, that, except in the case of a Default in the payment of the principal of, premium (premium, if any) , or interest on any Note, the Trustee may withhold the shall be protected in withholding such notice if and so long as a committee of its Trust Officers it in good faith determines that the withholding the of such notice is in the interests of the Holders.

Appears in 1 contract

Sources: Indenture (RSC Equipment Rental, Inc.)

Notice of Defaults. If a Default occurs and is ------------------- continuing and if it is actually known to the Trustee, the Trustee shall mail to each Holder notice of the Default within the earlier of 90 days after it occurs or 30 days after it is actually known to a Trust Officer or written notice of it is received by the TrusteeOfficer. Except in the case of a Default in the payment of principal of, premium (if any) of or interest on any NoteSecurity (including payments pursuant to the mandatory redemption provisions of such Security), the Trustee may withhold the notice if and so long as a committee of its Trust Officers in good faith determines that withholding the notice is in the interests of the Holders.

Appears in 1 contract

Sources: Indenture (Kansas City Southern Industries Inc)

Notice of Defaults. If a Default occurs and is continuing and if it is actually known to the Trustee, the Trustee shall mail to each Holder notice of the Default within the earlier of 90 days after it occurs or 30 days after it is actually known to a Trust Officer or written notice of it is received by the Trustee. Except in the case of a Default in the payment of principal of, premium (if any) or interest on any NoteSecurity, the Trustee may withhold the notice TRDOCS01/76765.8 if and so long as a committee of its Trust Officers in good faith determines that withholding the notice is in the interests of the Holders.

Appears in 1 contract

Sources: Indenture (Berry Plastics Holding Corp)

Notice of Defaults. If a Default occurs and is continuing and if it is actually known to the Trustee, the Trustee shall mail to each Holder Holders of Notes a notice of the Default within the earlier of 90 days after it occurs or 30 days after it is actually known to a Trust Officer or written notice of it is received by the Trusteeoccurs. Except in the case of a Default in relating to the payment of principal ofprincipal, premium (premium, if any) , or interest and Additional Interest, if any, on any Note, the Trustee may withhold from the Holders notice of any continuing Default if and so long as a committee of its Trust Responsible Officers in good faith determines that withholding the notice is in the interests of the HoldersHolders of the Notes.

Appears in 1 contract

Sources: Indenture (Restaurant Co of Minnesota)

Notice of Defaults. If a Default occurs and is continuing and if it is actually known to the Trustee, the Trustee shall mail must provide to each Holder notice of the Default within the earlier of 90 days after it occurs or 30 days after it is actually known to a Trust Officer or written notice of it is received by the Trustee. Except in the case of a Default in the payment of principal of, of or premium (if any) or interest on any NoteSecurity, the Trustee may withhold the notice if and so long as a committee of its Trust Officers in good faith determines that withholding the notice is in the interests of the Holders.

Appears in 1 contract

Sources: Indenture (Pernix Therapeutics Holdings, Inc.)

Notice of Defaults. If a Default occurs and is continuing and if it is actually known to the Trustee, the Trustee shall mail to each Holder of the Securities notice of the Default within the earlier of 90 days after it occurs or 30 days after it is actually known to a Trust Officer or written notice of it is received by the Trustee. Except in the case of a Default in the payment of principal of, premium (if any) or interest on any NoteSecurity, the Trustee may withhold the notice if and so long as a committee of its Trust Officers in good faith determines that withholding the notice is in the interests of the HoldersHolders of the Securities.

Appears in 1 contract

Sources: Indenture (Noranda Aluminum Acquisition CORP)

Notice of Defaults. If a Default occurs and is continuing and if it is actually known to the Trustee, the Trustee shall mail deliver to each Holder notice of the Default within the earlier of 90 days after it occurs or 30 days after it is actually known to a Trust Officer or written notice of it is received by the Trustee. Except in the case of a Default in the payment of principal of, premium (if any) or interest on any Note, the Trustee may withhold the notice if and so long as a committee of its Trust Officers it in good faith determines that withholding the notice is in the interests of the Holders.

Appears in 1 contract

Sources: Indenture (Intelsat S.A.)

Notice of Defaults. If a Default occurs and is continuing and if it is actually known to a Trust Officer of the Trustee, the Trustee shall mail must mail, or deliver electronically if held by the Depository, to each Holder notice of the Default within the earlier of 90 days after it occurs or 30 days after it is actually known to a Trust Officer or written notice of it is received by the Trustee. Except in the case of a Default in the payment of principal of, premium (if any) or interest on any NoteSecurity, the Trustee may withhold the notice if and so long as a committee of its Trust Officers in good faith determines that withholding the notice is in the interests of the Holders.

Appears in 1 contract

Sources: Indenture (Verso Paper Holdings LLC)

Notice of Defaults. If a Default or Event of Default occurs and is continuing and if it is actually known to the Trustee, the Trustee shall mail to each Holder notice of the Default or Event of Default within the earlier of 90 days after it occurs or 30 days after it is actually known to a Trust Officer or written notice of it is received by a Trust Officer of the Trustee. Except in the case of a Default or Event of Default in the payment of principal of, premium (premium, if any) , or interest on any NoteSecurity, the Trustee may withhold the notice if and so long as a committee of its Trust Officers in good faith determines that withholding the notice is in the interests of the Holders.

Appears in 1 contract

Sources: Indenture (Rite Aid Corp)

Notice of Defaults. If a Default occurs and is continuing and ------------------ if it is actually known to the Trustee, the Trustee shall mail to each Holder Noteholder notice of the Default within the earlier of 90 days after it occurs or 30 days after it is actually known to a Trust Officer or written notice of it is received by the Trusteetrust officer. Except in the case of a Default in the payment of principal of, premium (if any) of or interest on any NoteSecurity (including payments pursuant to the mandatory redemption provisions of such Security, if any), the Trustee may withhold the notice if and so long as a committee of its Trust Officers in good faith determines that withholding the notice is in the interests of the HoldersNoteholders.

Appears in 1 contract

Sources: Indenture (Wki Holding Co Inc)

Notice of Defaults. If a Default occurs and is continuing and if it is actually known to the Trusteea Trust Officer, the Trustee shall mail to each Holder notice of the Default within the earlier of 90 days after it occurs or 30 days after it is actually known to a Trust Officer or written notice of it is received by the Trustee. Except in the case of a Default in the payment of principal of, premium (if any) of or interest on any Note (including payments pursuant to the redemption provisions of such Note), the Trustee may withhold the notice if and so long as a committee of its Trust Officers in good faith determines that withholding the notice is in the interests of the Holders.

Appears in 1 contract

Sources: Indenture (Goodyear Tire & Rubber Co /Oh/)

Notice of Defaults. If a Default occurs and is continuing and if it is actually known to a Trust Officer of the Trustee, has received notice of such Default, the Trustee shall mail send to each Holder notice of the ​ ​ Default within the earlier later of 90 days after it occurs or 30 days after it is actually known notice of such Default has been delivered to a Trust Officer or written notice of it is received by the Trustee. Except in the case of a Default in the payment of principal of, premium (if any) or interest on any Note, the Trustee may withhold the notice if and so long as a committee of its Trust Officers it in good faith determines that withholding the notice is in the interests of the Holders.

Appears in 1 contract

Sources: Indenture (Kronos Worldwide Inc)

Notice of Defaults. If a Default occurs and is continuing and if it is actually known to the Trustee, the Trustee shall mail to each Holder notice of the Default within the earlier of 90 days after it occurs or 30 days after it is actually known to a Trust Officer or written notice of it is received by the Trustee. Except in the case of a Default in the payment of principal of, premium (if any) or interest on any NoteSecurity (including payments pursuant to the mandatory redemption provisions of such Security, if any), the Trustee may withhold the notice if and so long as a committee of its Trust Officers in good faith determines that withholding the notice is in the interests of the Holders.

Appears in 1 contract

Sources: Indenture (Uniplast Industries Co)

Notice of Defaults. If a Default occurs and is continuing and if it is actually known to the Trustee, the Trustee shall mail to each Holder notice of the Default within the earlier of 90 calendar days after it occurs or 30 days after it is actually known to a Trust Officer or written notice of it is received by the Trusteeoccurs. Except in the case of a Default in the payment of the principal or Purchase Price of, premium (if any) or and accrued interest on on, any Note, the Trustee may withhold the notice if and so long as a the board of directors of the Trustee, the executive committee or any trust committee of such board and/or its Trust Officers in good faith determines determine(s) that withholding the notice is in the interests interest of the Holders.

Appears in 1 contract

Sources: Indenture (Labranche & Co Inc)

Notice of Defaults. If a Default occurs and is continuing and if it is actually known to a Trust Officer of the Trustee, the Trustee shall mail to each Holder Securityholder notice of the Default within the earlier of 90 days after it occurs or 30 days after it is actually known to a Trust Officer or written notice of it is received by the Trusteeoccurs. Except in the case of a Default in the payment of principal of, of or premium (if any) or interest on any NoteSecurity (including payments pursuant to the mandatory redemption provisions of such Security, if 83 92 any), the Trustee may withhold the notice if and so long as a committee of its Trust Officers in good faith determines that withholding the notice is in the interests of the HoldersSecurityholders.

Appears in 1 contract

Sources: Indenture (Telex Communications Inc)

Notice of Defaults. If a Default occurs and is continuing and if it is actually known to the Trustee, the Trustee shall mail to each Holder notice of the Default within the earlier of 90 60 days after it occurs or 30 days after it is actually known to a Trust Officer or written notice of it is received by the Trustee. Except in the case of a Default in the payment of principal of, premium (if any) or interest on any Note, the Trustee may withhold the notice if and so long as a committee of its Trust Officers in good faith determines that withholding the notice is in the interests of the Holders.

Appears in 1 contract

Sources: Indenture (Panolam Industries International Inc)

Notice of Defaults. If a Default occurs and is continuing hereunder and if it is actually known to a Trust Officer of the Trustee, the Trustee shall mail to each Holder notice of the Default default within the earlier of 90 45 days after it occurs or 30 days after it is actually known to a Trust Officer or written notice of it is received by the Trusteeoccurs. Except in the case of a Default default in the payment of principal ofof or interest (including Contingent Interest, premium (if any, and Additional Interest, if any) or interest on any NoteSecurity, the Trustee may withhold the notice if and so long as a committee of its Trust Officers in good faith determines that withholding the notice is in not opposed to the interests interest of the Holdersholders of such Securities.

Appears in 1 contract

Sources: Indenture (Unisource Energy Corp)