Notice of Events of Default and Determination of Taxability. The Trustee shall not be required to take notice, or be deemed to have notice (a) of any default or Event of Default, other than an Event of Default under Section 9.01(a), Section 9.01(b) or Section 9.01(c) -60- Forsyth Series 1998A Trust Indenture hereof or Section 7.01(a) of the Agreement or (b) of any declaration of acceleration of the First Mortgage Bonds, any waiver of any "event of default" under the Company Mortgage or any rescission or annulment of its consequences, unless the Trustee shall have been specifically notified in writing at the Principal Office of the Trustee, Attention: Corporate Trust Administration, of such Event of Default by the Owners of at least 25% in principal amount of the Bonds then Outstanding, the Issuer, the Company or the Remarketing Agent. The Trustee may, however, at any time, in its discretion, require of the Issuer full information and cooperation as to the performance of any of the covenants, conditions and agreements contained herein. Such inquiry shall not for the purposes of this Section 10.05 constitute notice of any Event of Default. The Issuer and the Remarketing Agent shall not be required to take notice, or be deemed to have notice, of any Event of Default, other than an Event of Default of which it shall have actual knowledge. If an Event of Default described in Section 9.01(c) hereof occurs after the Trustee has notice of the same as provided in this Section 10.05, or if a Determination of Taxability occurs of which the Trustee has actual knowledge, then the Trustee shall give notice thereof by Mail to the Owners of Outstanding Bonds.
Appears in 1 contract
Sources: First Supplemental Trust Indenture (Enron Corp/Or/)
Notice of Events of Default and Determination of Taxability. The Trustee shall shall, not be required to take notice, or be deemed to have notice (a) of any default or Event of Default, other than an Event of Default under Section 9.01(a), Section 9.01(b) or Section 9.01(c) -60- Forsyth Series 1998A 1998B Trust Indenture hereof or Section 7.01(a7.01 (a) of the Agreement or (b) of any declaration of acceleration of the First Mortgage Bonds, any waiver of any "event of default" under the Company Mortgage or any rescission or annulment of its consequences, unless the Trustee shall have been specifically notified in writing at the Principal Office of the Trustee, Attention: Corporate Trust Administration, of such Event of Default by the Owners of at least 25% in principal amount of the Bonds then Outstanding, the Issuer, the Company or the Remarketing Agent. The Trustee may, however, at any time, in its discretion, require of the Issuer full information and cooperation as to the performance of any of the covenants, conditions and agreements contained herein. Such inquiry shall not for the purposes of this Section 10.05 constitute notice of any Event of Default. The Issuer and the Remarketing Agent shall not be required to take notice, or be deemed to have notice, of any Event of Default, other than an Event of Default of which it shall have actual knowledge. If an Event of Default described in Section 9.01(c) hereof occurs after the Trustee has notice of the same as provided in this Section 10.05, or if a Determination of Taxability occurs of which the Trustee has actual knowledge, then the Trustee shall give notice thereof by Mail to the Owners of Outstanding Bonds.
Appears in 1 contract
Sources: First Supplemental Trust Indenture (Enron Corp/Or/)
Notice of Events of Default and Determination of Taxability. The Trustee shall not be required to take notice, or be deemed to have notice (a) of any default or Event of Default, other than an Event of Default under Section 9.01(a), Section 9.01(b) or Section 9.01(c) -60- Forsyth Port of ▇▇▇▇▇▇ Series 1998A Trust Indenture hereof or Section 7.01(a7.01 (a) of the Agreement or (b) of any declaration of acceleration of the First Mortgage Bonds, any waiver of any "event of default" under the Company Mortgage or any rescission or annulment of its consequences, unless the Trustee shall have been specifically notified in writing at the Principal Office of the Trustee, Attention: Corporate Trust Administration, of such Event of Default by the Owners of at least 25% in principal amount of the Bonds then Outstanding, the Issuer, the Company or the Remarketing Agent. The Trustee may, however, at any time, in its discretion, require of the Issuer full information and cooperation as to the performance of any of the covenants, conditions and agreements contained herein. Such inquiry shall not for the purposes of this Section 10.05 constitute notice of any Event of Default. The Issuer and the Remarketing Agent shall not be required to take notice, or be deemed to have notice, of any Event of Default, other than an Event of Default of which it shall have actual knowledge. If an Event of Default described in Section 9.01(c) hereof occurs after the Trustee has notice of the same as provided in this Section 10.05, or if a Determination of Taxability occurs of which the Trustee has actual knowledge, then the Trustee shall give notice thereof by Mail to the Owners of Outstanding Bonds.
Appears in 1 contract
Sources: Trust Indenture (Enron Corp/Or/)
Notice of Events of Default and Determination of Taxability. The Notwithstanding anything otherwise provided herein, the Trustee shall not be required to take notice, or be deemed to have notice (a) of any default or Event of Default, other than an Event of Default under Section 9.01(a), ) or Section 9.01(b) or Section 9.01(c) -60- Forsyth Series 1998A Trust Indenture hereof or Section 7.01(a) of the Agreement or (b) of any declaration of acceleration of the First Mortgage Bonds, any waiver of any "event of default" under the Company Mortgage or any rescission or annulment of its consequenceshereof, unless the Trustee shall have actual knowledge thereof or shall have been specifically notified in writing at the Principal Office of the Trustee, Attention: Corporate Trust AdministrationTrust, of such Event of Default by the Owners of at least 25% in principal amount of the Bonds then Outstanding, the Issuer, the Company Issuer or the Remarketing AgentCompany. The Trustee may, however, at any time, in its discretion, require of the Issuer full information and cooperation as to the performance of any of the covenants, conditions and agreements contained herein. Such inquiry shall not for the purposes of this Section 10.05 9.05 constitute notice of any Event of Default. The Issuer and the Remarketing Agent shall not be required to take notice, or be deemed to have notice, of any Event of Default, other than an Event of Default of which it shall have actual knowledge. If an Event of Default described in Section 9.01(c) hereof occurs after the Trustee has notice of the same as provided in this Section 10.059.05, or if a Determination of Taxability occurs of which the Trustee has actual knowledgereceived notice as provided in Section 9.02 of the Agreement, then the Trustee shall give notice thereof by Mail to the Company and the Owners of Outstanding Bonds.
Appears in 1 contract
Sources: Indenture of Trust (Green Plains Renewable Energy, Inc.)
Notice of Events of Default and Determination of Taxability. The Notwithstanding anything otherwise provided herein, the Trustee shall not be required to take notice, or be deemed to have notice (a) of any default or Event of Default, other than an Event of Default under Section 9.01(a), Section 9.01(b8.01(a) or Section 9.01(c8.01(b) -60- Forsyth Series 1998A Trust Indenture hereof or Section 7.01(a) of the Agreement or (b) of any declaration of acceleration of the First Mortgage Bonds, any waiver of any "event of default" under the Company Mortgage or any rescission or annulment of its consequenceshereof, unless the Trustee shall have actual knowledge thereof or shall have been specifically notified in writing at the Principal Office of the Trustee, Attention: Corporate Trust Administrationits notice address set forth in Section 12.08 hereof, of such Event of Default by the Owners of at least 25% in principal amount of the Bonds then Outstanding, the Issuer, the Company Issuer or the Remarketing AgentCompany. The Trustee may, however, at any time, in its discretion, require of the Issuer full information and cooperation as to the performance of any of the covenants, conditions and agreements contained herein. Such inquiry shall not for the purposes of this Section 10.05 9.05 constitute notice of any Event of Default. The Issuer and the Remarketing Agent shall not be required to take notice, or be deemed to have notice, of any Event of Default, other than an Event of Default of which it shall have actual knowledge. If an Event of Default described in Section 9.01(c) hereof occurs after the Trustee has notice of the same as provided in this Section 10.059.05, or if a Determination of Taxability occurs of which the Trustee has actual knowledgereceived notice as provided in Section 9.02 of the Loan Agreement, then the Trustee shall give notice thereof by Mail to the Company and the Owners of Outstanding Bonds.
Appears in 1 contract
Notice of Events of Default and Determination of Taxability. The Notwithstanding anything otherwise provided herein, the Trustee shall not be required to take notice, or be deemed to have notice (a) of any default or Event of Default, other than an Event of Default under Section 9.01(a), Section 9.01(b8.01(a) or Section 9.01(c8.01(b) -60- Forsyth Series 1998A Trust Indenture hereof or Section 7.01(a) of the Agreement or (b) of any declaration of acceleration of the First Mortgage Bonds, any waiver of any "event of default" under the Company Mortgage or any rescission or annulment of its consequenceshereof, unless the Trustee shall have actual knowledge thereof or shall have been specifically notified in writing at the Principal Office of the Trustee, Attention: Corporate Trust Administrationits notice address set forth in Section 12.08 hereof, of such Event of Default by the Owners of at least 25% in principal amount of the Bonds then Outstanding, the Issuer, the Company Authority or the Remarketing AgentCompany. The Trustee may, however, at any time, in its discretion, require of the Issuer Authority full information and cooperation as to the performance of any of the covenants, conditions and agreements contained herein. Such inquiry shall not for the purposes of this Section 10.05 9.05 constitute notice of any Event of Default. The Issuer and the Remarketing Agent Authority shall not be required to take notice, or be deemed to have notice, of any Event of Default, other than an Event of Default of which it shall have actual knowledge. If an Event of Default described in Section 9.01(c) hereof occurs after the Trustee has notice of the same as provided in this Section 10.059.05, or if a Determination of Taxability occurs of which the Trustee has actual knowledgereceived notice as provided in Section 9.02 of the Loan Agreement, then the Trustee shall give notice thereof by Mail to the Company and the Owners of Outstanding Bonds.
Appears in 1 contract