Common use of Trustee Entitled to Assume Clause in Contracts

Trustee Entitled to Assume. Payments Not Prohibited in Absence of Notice. The Trustee shall not at any time be charged with knowledge of the existence of any facts which would prohibit the making of any payment to or by the Trustee unless and until the Trustee or any Paying Agent shall have received written notice at the address specified in Section 13.02 thereof from the Company or a Subsidiary Guarantor or from one or more holders of Senior Indebtedness or from any Representative therefor and, prior to the receipt of any such written notice, the Trustee, subject to the provisions of Section 7.01, shall be entitled in all respects conclusively to assume that no such fact exits. Nothing in this Section 12.06 is intended to or shall relieve any Holder from the obligations imposed under Sections 12.02 and 12.03 with respect to money or other distributions received in violation of the provisions thereof.

Appears in 2 contracts

Sources: Indenture (Giant Industries Inc), Indenture (Giant Industries Inc)