Common use of Notification to Trustee Clause in Contracts

Notification to Trustee. If the Company is obligated to pay any Make-Whole Payment upon Auto-Conversion pursuant to Section 12.12(a), it shall deliver to the Trustee a certificate setting forth the amount of interest actually paid or provided for by the Company with respect to the affected Notes prior to the Auto-Conversion Date. Unless and until the Trustee shall receive such certificate, it shall not be charged with knowledge of the facts required by this Section 12.13 to be set forth therein. In no event will the Trustee be required to inquire into or verify the information required to be set forth in such certificate, other than the amount of interest actually paid by the Trustee as paying agent with respect to the affected Notes. The Trustee need not inquire into or confirm any amount of interest "provided for" by the Company, unless such amount has actually been delivered to the Trustee as paying agent and is being held by the Trustee as paying agent pending distribution to the affected holders.

Appears in 2 contracts

Sources: Indenture (Transwitch Corp /De), Indenture (Transwitch Corp /De)

Notification to Trustee. If the Company is obligated to pay any Make-Whole Payment upon Auto-Conversion pursuant to Section 12.12(a), it shall deliver to the Trustee a certificate setting forth the amount of interest actually paid or provided for by the Company with respect to the affected Notes prior to the Auto-Conversion Date. Unless and until the Trustee shall receive such certificate, it shall not be charged with knowledge of the facts required by this Section 12.13 to be set forth therein. In no event will the Trustee be required to inquire into or verify the information required to be set forth in such certificate, other than the amount of interest actually paid by the Trustee as paying agent with respect to the affected Notes. The Trustee need not inquire into or confirm any amount of interest "β€œprovided for" ” by the Company, unless such amount has actually been delivered to the Trustee as paying agent and is being held by the Trustee as paying agent pending distribution to the affected holders.

Appears in 1 contract

Sources: Indenture (Transwitch Corp /De)