Trustee to Give Notice of Default, But May Withhold in Certain Circumstances. The Trustee shall give to the Securityholders of any series, as the names and addresses of such Holders appear on the registry books, notice by mail of all defaults known to the Trustee which have occurred with respect to such series, such notice to be transmitted within 90 days after the occurrence thereof, unless such defaults shall have been cured before the giving of such notice (the term “default” or “defaults” for the purposes of this section being hereby defined to mean any event or condition which is, or with notice or lapse of time or both would become, an Event of Default); provided that, except in the case of default in the payment of the principal of or interest on any of the Securities of such series, or in the payment of any sinking or purchase fund installment with respect to the Securities of such series, the Trustee shall be protected in withholding such notice if and so long as the board of directors, the executive committee, or a trust committee of directors or trustees and/or Responsible Officers of the Trustee in good faith determines that the withholding of such notice is in the interests of the Securityholders of such series.
Appears in 31 contracts
Sources: Indenture (Costamare Bulkers Holdings LTD), Indenture (GasLog Partners LP), Indenture (GasLog Partners LP)
Trustee to Give Notice of Default, But May Withhold in Certain Circumstances. The Trustee shall give transmit to the Securityholders of any series, as the names and addresses of such Holders appear on the registry books, and to such Holders of Securities of any series and of Coupons as have, within two years preceding such notice, filed their names and addresses with the Trustee for that purpose, notice by mail of all defaults known to the Trustee which have occurred with respect to such series, such notice to be transmitted within 90 days after the occurrence thereof, unless such defaults shall have been cured before the giving of such notice (the term “"default” " or “"defaults” " for the purposes of this section Section being hereby defined to mean any event or condition which is, or with notice or lapse of time or both would become, an Event of Default); provided that, except in the case of default in the payment of the principal of or interest on any of the Securities of such series, or in the payment of any sinking or purchase fund installment with respect to the Securities of such series, the Trustee shall be protected in withholding such notice if and so long as the board of directors, the executive committee, committee or a trust committee of directors or trustees and/or Responsible Officers responsible officers of the Trustee in good faith determines that the withholding of such notice is in the interests of the Securityholders of such seriesseries and of Coupons, if any, appertaining thereto.
Appears in 7 contracts
Sources: Indenture (Sheraton Holding Corp), Indenture (Itt Corp), Indenture (Starwood Hotels & Resorts)
Trustee to Give Notice of Default, But May Withhold in Certain Circumstances. The Trustee shall give transmit to the Securityholders of any seriesSeries notice in the manner and to the extent provided in Section 11.4, as the names and addresses of such Holders appear on the registry books, notice by mail of all defaults known to the Trustee which to have occurred with respect to such seriesSeries (as provided in Section 6.2(h)), such notice to be transmitted within 90 days after the occurrence thereof, unless such defaults shall have been cured before the giving of such notice (the term “default” or “defaults” for the purposes of this section Section being hereby defined to mean any event or condition which is, or with notice or lapse of time or both would become, an Event of Default); provided that, except in the case of default in the payment of the principal of or of, interest on or any Additional Amounts with respect to, any of the Securities of such series, Series or any default in the payment of any sinking or purchase fund installment with or analogous obligation in respect to of any of the Securities of such seriesSeries, the Trustee shall be protected in withholding such notice if and so long as the board of directors, the executive committee, or a trust committee of directors or trustees and/or or Responsible Officers of the Trustee in good faith determines that the withholding of such notice is in the interests of the Securityholders of such seriesSeries.
Appears in 7 contracts
Sources: Senior Indenture (Markel Corp), Senior Indenture (ALTERRA CAPITAL HOLDINGS LTD), Subordinated Indenture (Alterra Finance LLC)
Trustee to Give Notice of Default, But May Withhold in Certain Circumstances. The Trustee shall give transmit to the Securityholders of any seriesSecurityholders, as the names and addresses of such Holders appear on the registry books, notice by mail of all defaults actually known to a Responsible Officer of the Trustee which have occurred with respect to such seriesTrustee, such notice to be transmitted within 90 days after the occurrence thereof, unless such defaults shall have been cured before the giving of such notice (the term “"default” " or “"defaults” " for the purposes of this section Section 5.11 being hereby defined to mean any event or condition which is, or with notice or lapse of time or both would become, an Event of Default); provided PROVIDED that, except in the case of default in the payment of the principal of or interest on any of the Securities of such series, or in the payment of any sinking or purchase fund installment with respect to the Securities of such seriesSecurities, the Trustee shall be protected in withholding such notice if and so long as the board of directors, the executive committee, or a trust committee of directors or trustees and/or Responsible Officers of the Trustee in good faith determines that the withholding of such notice is in the interests of the Securityholders of such seriesSecurityholders.
Appears in 6 contracts
Sources: Indenture (Value Partners LTD /Tx/), Indenture (Trans World Gaming Corp), Indenture (Allstate Financial Corp /Va/)
Trustee to Give Notice of Default, But May Withhold in Certain Circumstances. The Trustee shall give transmit to the Securityholders of any seriesSeries notice in the manner and to the extent provided in Section 11.4, as the names and addresses of such Holders appear on the registry books, notice by mail of all defaults known to the Trustee which have occurred with respect to such seriesSeries, such notice to be transmitted within 90 days after the occurrence thereof, unless such defaults shall have been cured before the giving of such notice (the term “default” or “defaults” for the purposes of this section Section being hereby defined to mean any event or condition which is, or with notice or lapse of time or both would become, an Event of Default); provided that, except in the case of default in the payment of the principal of or interest on any of the Securities of such series, Series or any default in the payment of any sinking or purchase fund installment with or analogous obligation in respect to of any of the Securities of such seriesSeries, the Trustee shall be protected in withholding such notice if and so long as the board of directors, the executive committee, or a trust committee of directors or trustees and/or or Responsible Officers of the Trustee in good faith determines that the withholding of such notice is in the interests of the Securityholders of such seriesSeries.
Appears in 5 contracts
Sources: Supplemental Indenture (Kellanova), Supplemental Indenture (Kellanova), Supplemental Indenture (Kellanova)
Trustee to Give Notice of Default, But May Withhold in Certain Circumstances. The Trustee shall give to the Securityholders of any series, as the names and addresses of such Holders appear on the registry books, notice by mail of all defaults known to the Trustee which have occurred with respect to such series, such notice to be transmitted within 90 days after the occurrence thereof, unless such defaults shall have been cured before the giving of such notice (the term “default” or “defaults” for the purposes of this section Section being hereby defined to mean any event or condition which is, or with notice or lapse of time or both would become, an Event of Default); provided that, except in the case of default in the payment of the principal of or interest on any of the Securities of such series, or in the payment of any sinking or purchase fund installment with respect to the Securities of such series, the Trustee shall be protected in withholding such notice if and so long as the board of directors, the executive committee, or a trust committee of directors or trustees and/or Responsible Officers of the Trustee in good faith determines that the withholding of such notice is in the interests of the Securityholders of such series.
Appears in 4 contracts
Sources: Indenture (Nokia Corp), Indenture (Nokia Corp), Senior Indenture (Teva Pharmaceutical Industries LTD)
Trustee to Give Notice of Default, But May Withhold in Certain Circumstances. The Trustee shall give to the Securityholders of any series, as the names and addresses of such Holders appear on the registry books, notice by mail of all defaults known to the Trustee which have occurred with respect to such series, such notice to be transmitted within 90 days after the occurrence thereof, unless such defaults shall have been cured before the giving of such notice (the term “"default” " or “"defaults” " for the purposes of this section Section being hereby defined to mean any event or condition which is, or with notice or lapse of time or both would become, an Event of Default); provided that, except in the case of default in the payment of the principal of or interest on any of the Securities of such series, or in the payment of any sinking or purchase fund installment with respect to the Securities of such series, the Trustee shall be protected in withholding such notice if and so long as the board of directors, the executive committee, or a trust committee of directors or trustees and/or Responsible Officers of the Trustee in good faith determines that the withholding of such notice is in the interests of the Securityholders of such series.
Appears in 4 contracts
Sources: Subordinated Indenture (Tyco International LTD /Ber/), Indenture (Tyco International Group S A), Indenture (Tyco International LTD /Ber/)
Trustee to Give Notice of Default, But May Withhold in Certain Circumstances. The Trustee shall give to the Securityholders of any series, as the names and addresses of such Holders appear on the registry books, notice by mail of all defaults known to the Trustee which have occurred with respect to such series, such notice to be transmitted within 90 days after the occurrence thereof, unless such defaults shall have been cured before the giving of such notice (the term “default” or “defaults” for the purposes of this section Section being hereby defined to mean any event or condition which is, or with notice or lapse of time or both would become, an Event of Default); provided that, except in the case of default in the payment of the principal of or interest on any of the Securities of such series, or in the payment of any sinking or purchase fund installment with respect to the Securities of such series, the Trustee shall be protected in withholding such notice if and so long as the board of directors, the executive committee, committee or a trust committee of directors or trustees and/or Responsible Officers of the Trustee in good faith determines that the withholding of such notice is in the interests of the Securityholders of such series.
Appears in 4 contracts
Sources: Subordinated Indenture (Teva Pharmaceutical Finance Co B.V.), Subordinated Indenture (Teva Pharmaceutical Finance Co B.V.), Senior Indenture (Teva Pharmaceutical Finance Co B.V.)
Trustee to Give Notice of Default, But May Withhold in Certain Circumstances. The Trustee shall give to the Securityholders Holders of the Securities of any series, as the names and addresses of such Holders appear on the registry booksRegister, notice by mail of all defaults known to the Trustee which have occurred with respect to the Securities of such series, such notice to be transmitted within 90 days after the occurrence thereof, unless such defaults shall have been cured or waived before the giving of such notice (the term “default” or “defaults” for the purposes of this section being hereby defined to mean any event or condition which is, or with notice or lapse of time or both would become, an Event of Default); provided that, except in the case of default in the payment of the principal of or interest on any of the Securities of such series, or in the payment of any sinking or purchase fund installment with respect to the Securities of such series, the Trustee shall be protected in withholding such notice if and so long as the board of directors, the executive committee, or a trust committee of directors or trustees and/or Responsible Officers of the Trustee in good faith determines that the withholding of such notice is in the interests of the Securityholders Holders of the Securities of such series.
Appears in 4 contracts
Sources: Indenture (Everett SpinCo, Inc.), Indenture (NBCUniversal Media, LLC), Indenture (Comcast Corp)
Trustee to Give Notice of Default, But May Withhold in Certain Circumstances. The Trustee shall give to the Securityholders of any series, as the names and addresses of such Holders appear on the registry books, notice by mail of all defaults known to Responsible Officers of the Trustee which have occurred with respect to such series, such notice to be transmitted within 90 days after the occurrence thereof, unless such defaults shall have been cured before the giving of such notice (the term “default” or “defaults” for the purposes of this section being hereby defined to mean any event or condition which is, or with notice or lapse of time or both would become, an Event of Default); provided that, except in the case of default in the payment of the principal of or interest on any of the Securities of such series, or in the payment of any sinking or purchase fund installment with respect to the Securities of such series, the Trustee shall be protected in withholding such notice if and so long as the board of directors, the executive committee, or a trust committee of directors or trustees and/or Responsible Officers of the Trustee in good faith determines that the withholding of such notice is in the interests of the Securityholders of such series.
Appears in 3 contracts
Sources: Indenture (Comcast Cable Communications LLC), Indenture (Comcast Corp), Indenture (Comcast Cable Communications Inc)
Trustee to Give Notice of Default, But May Withhold in Certain Circumstances. The Trustee shall give transmit to the Debt Securityholders of any series, as the names and addresses of such Holders appear on the registry books, notice by mail of all defaults known to the Trustee which have occurred with respect to such series, such notice to be transmitted within 90 days after the occurrence thereof, unless such defaults shall have been cured before the giving of such notice (the term “"default” " or “"defaults” " for the purposes of this section Section being hereby defined to mean any event or condition which is, or with notice or lapse of time or both would become, an Event of Default); provided that, except in the case of default in the payment of the principal of or interest on any of the Securities of such series, or in the payment of any sinking or purchase fund installment with respect to the Debt Securities of such series, the Trustee shall be protected in withholding such notice if and so long as the board of directors, the executive committee, or a trust committee of directors or trustees and/or Responsible Officers responsible officers of the Trustee in good faith determines that the withholding of such notice is in the interests of the Debt Securityholders of such series.
Appears in 3 contracts
Sources: Subordinated Indenture (Financial Security Assurance Holdings LTD/Ny/), Trust Indenture (Financial Security Assurance Holdings LTD/Ny/), Subordinated Indenture (Financial Security Assurance Holdings LTD/Ny/)
Trustee to Give Notice of Default, But May Withhold in Certain Circumstances. The Trustee shall give to the Securityholders of any seriesSecurityholders, as the names and addresses of such Holders appear on the registry books, notice by mail of all defaults actually known to a Responsible Officer of the Trustee which have occurred with respect to such seriesoccurred, such notice to be transmitted within 90 days after the occurrence thereof, unless such defaults shall have been cured before the giving of such notice (the term “"default” " or “"defaults” " for the purposes of this section Section being hereby defined to mean any event or condition which is, or with notice or lapse of time or both would become, an Event of Default); provided provided, that, except in the case of default in the payment of the principal Principal of or interest on any of the Securities of such series, or in the payment of any sinking or purchase fund installment with respect to the Securities of such seriesSecurities, the Trustee shall be protected in withholding such notice if and so long as the board of directors, the executive committee, or a trust committee of directors or trustees and/or Responsible Officers of the Trustee in good faith determines that the withholding of such notice is in the interests of the Securityholders of such seriesSecurityholders.
Appears in 3 contracts
Sources: Indenture (Cone Mills Corp), Indenture (Cone Mills Corp), Indenture (Cone Mills Corp)
Trustee to Give Notice of Default, But May Withhold in Certain Circumstances. The Trustee shall give to the Securityholders Holders of any series, as the names and addresses of such Holders appear on the registry books, notice by mail of all defaults known to the Trustee which have occurred with respect to such series, such notice to be transmitted within 90 45 days after the occurrence thereof, unless such defaults shall have been cured before the giving of such notice (the term “default” or “defaults” for the purposes of this section being hereby defined to mean any event or condition which is, or with notice or lapse of time or both would become, an Event of Default); provided that, except in the case of default in the payment of the principal of or interest on any of the Securities of such series, or in the payment of any sinking or purchase fund installment with respect to the Securities of such series, the Trustee shall be protected in withholding such notice if and so long as the board of directors, the executive committee, or a trust committee of directors or trustees and/or Responsible Officers responsible officers of the Trustee in good faith determines that the withholding of such notice is in the interests of the Securityholders Holders of such series.
Appears in 3 contracts
Sources: Indenture (Roper Technologies Inc), Indenture (Roper Industries Inc), Indenture (Roper Industries Inc)
Trustee to Give Notice of Default, But May Withhold in Certain Circumstances. The Trustee shall give to the Securityholders Holders of any series, as the names and addresses of such Holders appear on the registry booksRegister, notice by mail of all defaults known to the Trustee which have occurred with respect to such series, such notice to be transmitted within 90 60 days after the occurrence thereof, unless such defaults shall have been cured before the giving of such notice (the term “default” or “defaults” for the purposes of this section being hereby defined to mean any event or condition which is, or with notice or lapse of time or both would become, an Event of Default); provided that, except in the case of default in the payment of the principal of or interest on any of the Securities of such series, the payment or delivery of the consideration due upon conversion of any of the Securities of such series, or in the payment of any sinking or purchase fund installment with respect to the Securities of such series, the Trustee shall be protected in withholding such notice if and so long as the board of directors, the executive committee, or a trust committee of directors or trustees and/or Responsible Officers responsible officers of the Trustee in good faith determines that the withholding of such notice is in the interests of the Securityholders Holders of such series.
Appears in 3 contracts
Sources: Indenture (Affymetrix Inc), Subordinated Indenture (Affymetrix Inc), Indenture (Affymetrix Inc)
Trustee to Give Notice of Default, But May Withhold in Certain Circumstances. The Trustee shall give to the Securityholders of any series, as the names and addresses of such Holders appear on the registry books, notice by mail of all defaults known to the Trustee which have occurred with respect to such series, such notice to be transmitted within 90 days after the occurrence thereof, unless such defaults shall have been cured before the giving of such notice (the term “default” or “defaults” for the purposes of this section being hereby defined to mean any event or condition which is, or with notice or lapse of time or both would become, an Event of Default); provided that, except in the case of default in the payment of the principal of or interest on any of the Securities of such series, or in the payment of any sinking or purchase fund installment with respect to the Securities of such series, the Trustee shall be protected in withholding such notice if and so long as the board of directors, the executive committee, or a trust committee of directors or trustees and/or Responsible Officers of the Trustee it in good faith determines that the withholding of such notice is in the interests of the Securityholders of such series.
Appears in 3 contracts
Sources: Senior Debt Indenture (Gazit Group Financial LLC), Subordinated Debt Indenture (Gazit Group Financial LLC), Subordinated Debt Indenture (Gazit Group Financial LLC)
Trustee to Give Notice of Default, But May Withhold in Certain Circumstances. The Trustee shall give shall, within ninety days after the occurrence of a default with respect to the Securityholders Securities of any series, give notice of all defaults with respect to that series known to a Responsible Officer of the Trustee if any Registered Securities of a series affected are then Outstanding, by mailing notice to the Holders of then Outstanding Registered Securities of each series affected at their addresses as the names and addresses of such Holders they shall appear on the registry books, notice by mail of all defaults known to the Trustee which have occurred with respect to such series, such notice to be transmitted within 90 days after the occurrence thereof, unless in each case such defaults shall have been cured before the giving mailing or publication of such notice (the term “default” or “defaults” for the purposes purpose of this section Section being hereby defined to mean any event or condition which is, or with notice or lapse of time or both would become, an Event of Default); provided that, except in the case of default in the payment of the principal of or interest on any of the Securities of such series, or in the payment of any sinking or purchase fund installment with respect to the Securities of on such series, the Trustee shall be protected in withholding such notice if and so long as the board of directors, the executive committee, or a trust committee of directors or trustees and/or Responsible Officers of the Trustee in good faith determines that the withholding of such notice is in the interests of the Securityholders of such series.
Appears in 3 contracts
Sources: Senior Indenture (Abn Amro Bank Nv), Subordinated Indenture (Abn Amro Bank Nv), Senior Indenture (Bank of America Corp /De/)
Trustee to Give Notice of Default, But May Withhold in Certain Circumstances. The Trustee shall give transmit to the Securityholders of any series, as the names and addresses of such Holders appear on the registry books, notice by mail of all defaults known to the Trustee which have occurred with respect to such seriesseries to the knowledge of a Responsible Officer of the Trustee, such notice to be transmitted within 90 days after the occurrence thereof, unless such defaults shall have been cured before the giving of such notice (the term “default” or “defaults” for the purposes of this section Section being hereby defined to mean any event or condition which is, or with notice or lapse of time or both would become, an Event of Default); provided that, except in the case of default in the payment of the principal of or interest on or any amount payable pursuant to Section 3.1(b) upon any of the Securities of such series, or in the payment of any sinking or purchase fund installment with respect to the Securities of such series, the Trustee shall be protected in withholding such notice if and so long as the board of directors, the executive committee, or a trust committee of directors or trustees and/or Responsible Officers of the Trustee in good faith determines that the withholding of such notice is in the interests of the Securityholders of such series.
Appears in 3 contracts
Sources: Indenture (Hanson PLC), Indenture (Hanson PLC), Indenture (Hanson PLC)
Trustee to Give Notice of Default, But May Withhold in Certain Circumstances. The Trustee shall give shall, within ninety (90) days after the occurrence of a default with respect to the Securityholders Securities of any series, as the names and addresses of such Holders appear on the registry books, give written notice by mail of all defaults known to the Trustee which have occurred with respect to that series for which the Trustee has received written notice or which is actually known to a Responsible Officer to all Holders of Securities of such series, such notice series in the manner and to be transmitted within 90 days after the occurrence thereofextent provided in Section 313(c) of the Trust Indenture Act, unless such defaults shall have been cured before the giving sending of such notice (the term “default” or “defaults” for the purposes purpose of this section Section being hereby defined to mean any event or condition which is, or with notice or lapse of time or both would become, an Event of Default); provided provided, that, except in the case of default in the payment of the principal of or interest on any of the Securities of such series, or in the payment of any sinking or purchase fund installment with respect to the Securities of such series, series the Trustee shall be protected in withholding such notice if and so long as the board of directors, the executive committee, or a trust committee of directors or trustees and/or Responsible Officers of the Trustee it in good faith determines that the withholding of such notice is in the interests of the Securityholders of such series.
Appears in 3 contracts
Sources: Indenture (Paychex Inc), Indenture (Paychex Inc), Indenture (PayPal Holdings, Inc.)
Trustee to Give Notice of Default, But May Withhold in Certain Circumstances. The Trustee shall give to the Securityholders of any series, as the names and addresses of such Holders appear on the registry books, notice by mail of all defaults known to the Trustee which have occurred with respect to such series, such notice to be transmitted within 90 days after the occurrence thereof, unless such defaults shall have been cured before the giving of such notice (the term “default” or “defaults” for the purposes of this section Section being hereby defined to mean any event or condition which is, or with notice or lapse of time or both would become, an Event of Default); provided that, except in the case of default in the payment of the principal of or interest on any of the Securities of such series, or in the payment of any sinking or purchase fund installment with respect to the Securities of such series, the Trustee shall be protected in withholding such notice if and so long as the board of directors, the executive committee, committee or a trust committee of directors or trustees and/or Responsible Officers of the Trustee in good faith determines that the withholding of such notice is in the interests of the Securityholders of such series.
Appears in 3 contracts
Sources: Senior Indenture (Teva Pharmaceutical Industries LTD), Senior Indenture (Teva Pharmaceutical Industries LTD), Senior Indenture (Teva Pharmaceutical Industries LTD)
Trustee to Give Notice of Default, But May Withhold in Certain Circumstances. The Trustee shall give transmit to the Securityholders of any series, as the names and addresses of such Holders appear on the registry booksSecurity Register, notice by mail of all defaults known to a responsible officer of the Trustee which have occurred with respect to such series, such notice to be transmitted within 90 days after the occurrence thereof, unless such defaults shall have been cured before the giving of such notice (the term “"default” " or “"defaults” " for the purposes of this section Section being hereby defined to mean any event or condition which is, or with notice or lapse of time or both would become, an Event of Default); provided that, except in the case of default in the payment of the principal of of, or interest on premium, if any, or interest, if any, on, any of the Securities of such series, or in the payment of any sinking or purchase fund installment with respect to the Securities of such series, the Trustee shall be protected in withholding such notice if and so long as the board of directors, the executive committee, committee or a trust committee of directors or trustees and/or Responsible Officers responsible officers of the Trustee in good faith determines that the withholding of such notice is in the interests of the Securityholders of such series.
Appears in 2 contracts
Sources: Indenture (Idacorp Trust Iii), Indenture (Idacorp Trust Iii)
Trustee to Give Notice of Default, But May Withhold in Certain Circumstances. The Trustee shall give transmit to the Securityholders Holders of any seriesSeries of Securities notice, as in the names manner and addresses of such Holders appear on to the registry booksextent provided in Section 12.4 hereof, notice by mail of all defaults known to the Trustee which have occurred with respect to such seriesSeries of which the Trustee has notice (as provided in Section 6.2(h) hereof), such notice to the Holders to be transmitted by the Trustee within the later of 90 days after the occurrence thereofthereof or 60 days after such default is actually known to a Responsible Officer, unless such defaults shall have been cured before the giving of such notice or unless such Holders have already transmitted notice to the Trustee of such defaults (the term “default” or “defaults” for the purposes of this section Section 5.11 being hereby defined to mean any event or condition which is, or with notice or lapse of time or both would become, an Event of Default); provided thatprovided, that except in the case of default in the payment of the principal of or interest on any of the Securities of such series, or in the payment of any sinking or purchase fund installment with respect to the Securities of such seriesSeries, the Trustee shall be protected in withholding such notice if and so long as the board of directors, the executive committee, or a trust committee of directors or trustees and/or Responsible Officers of the Trustee in good faith determines that the withholding of such notice is in the interests of the Securityholders Holders of such seriesSeries.
Appears in 2 contracts
Sources: Indenture (F&G Annuities & Life, Inc.), Indenture (Fidelity National Financial, Inc.)
Trustee to Give Notice of Default, But May Withhold in Certain Circumstances. The Trustee shall give to the Securityholders of any series, in the case of Registered Securities as the names and addresses of such Holders appear on the registry books, notice by mail (or by other means provided in a supplemental indenture hereto, pursuant to a Board Resolution and set forth in an Officer’s Certificate under which such series of Securities is issued or in the form of Security for such series) of all defaults known to the Trustee which have occurred with respect to such series, such notice to be transmitted within 90 days after the occurrence thereof, unless such defaults shall have been cured before the giving of such notice (the term “default” or “defaults” for the purposes of this section Section 4.11 being hereby defined to mean any event or condition which is, or with notice or lapse of time or both would become, an Event of Default); provided that, except in the case of default in the payment of the principal of or interest on any of the Securities of such series, or in the payment of any sinking or purchase fund installment with respect to the Securities of such series, the Trustee shall be protected in withholding such notice if and so long as the board of directors, the executive committee, or a trust committee of directors or trustees and/or Responsible Officers of the Trustee in good faith determines that the withholding of such notice is in the interests of the Securityholders of such series.
Appears in 2 contracts
Sources: Senior Indenture (Sumitomo Mitsui Financial Group, Inc.), Senior Indenture (Sumitomo Mitsui Financial Group, Inc.)
Trustee to Give Notice of Default, But May Withhold in Certain Circumstances. The Trustee shall give to the Securityholders of any series, as the names and addresses of such Holders appear on the registry books, notice by mail of all defaults known to Responsible Officers of the Trustee which have occurred with respect to such series, such notice to be transmitted within 90 days after the occurrence thereof, unless such defaults shall have been cured before the giving of such notice (the term “default” or “defaults” for the purposes of this section Section being hereby defined to mean any event or condition which is, or with notice or lapse of time or both would become, an Event of Default); provided that, except in the case of default in the payment of the principal Principal of or interest on any of the Securities of such series, or in the payment of any sinking or purchase fund installment with respect to the Securities of such series, the Trustee shall be protected in withholding such notice if and so long as the board of directors, the executive committee, or a trust committee of directors or trustees and/or Responsible Officers of the Trustee in good faith determines that the withholding of such notice is in the interests of the Securityholders of such series.
Appears in 2 contracts
Sources: Indenture (Planetout Inc), Indenture (Planetout Inc)
Trustee to Give Notice of Default, But May Withhold in Certain Circumstances. The Trustee shall give to the Securityholders of any series, as the names and addresses of such Holders appear on the registry books, notice by mail of all defaults known to the Trustee which have occurred with respect to such series, such notice to be transmitted within 90 45 days after the occurrence thereof, unless such defaults shall have been cured or waived before the giving of such notice (the term “default” or “defaults” for the purposes of this section being hereby defined to mean any event or condition which is, or with notice or lapse of time or both would become, an Event of Default); provided that, except in the case of default in the payment of the principal of or interest on any of the Securities of such series, or in the payment of any sinking or purchase fund installment with respect to the Securities of such series, the Trustee shall be protected in withholding such notice if and so long as the board of directors, the executive committee, or a trust committee of directors or trustees and/or Responsible Officers responsible officers of the Trustee in good faith determines that the withholding of such notice is in the interests of the Securityholders of such series.
Appears in 2 contracts
Sources: Indenture (Patriot Coal CORP), Indenture (Patriot Coal CORP)
Trustee to Give Notice of Default, But May Withhold in Certain Circumstances. The Trustee shall give to the Securityholders of any series, as the names and addresses of such Holders appear on the registry books, notice by mail of all defaults known to the Trustee which have occurred with respect to such series, such notice to be transmitted within 90 days after the occurrence thereof, unless such defaults shall have been cured before the giving of such notice (the term “default” or “defaults” for the purposes of this section Section being hereby defined to mean any event or condition which is, or with notice or lapse of time or both would become, an Event of Default); provided that, except in the case of default in the payment of the principal of or interest on any of the Securities of such series, or in the payment of any sinking or purchase fund installment with respect to the Securities of such series, the Trustee shall be protected in withholding such notice if and so long as the board of directors, the executive committee, or a trust committee of directors or trustees and/or Responsible Officers responsible officers of the Trustee in good faith determines that the withholding of such notice is in the interests of the Securityholders of such series.
Appears in 2 contracts
Sources: Indenture (Astrazeneca PLC), Indenture (Astrazeneca PLC)
Trustee to Give Notice of Default, But May Withhold in Certain Circumstances. The Trustee shall give transmit to the Securityholders of any seriesHolders, as the names and addresses of such Holders appear on the registry booksSecurity Register (as provided under Section 313(c) of the Trust Indenture Act), notice by mail of all defaults which have occurred and are known to the Trustee which have occurred with respect to such seriesTrustee, such notice to be transmitted within 90 ninety days after the occurrence thereof, unless such defaults shall have been cured before the giving of such notice (the term “default” or “defaults” for the purposes of this section Section being hereby defined to mean any event or condition which is, or with notice or lapse of time or both would become, an Event of Default); provided that, except in the case of default in the payment of the principal amounts payable in respect of or interest on any of the Securities of such series, or in the payment of any sinking or purchase fund installment with respect to the Securities of such seriesSecurities, the Trustee shall be protected in withholding such notice if and so long as the board of directors, the executive committee, or a trust committee of directors or trustees and/or Responsible Officers of the Trustee in good faith determines that the withholding of such notice is in the interests of the Securityholders of such seriesHolders.
Appears in 2 contracts
Sources: Contingent Value Rights Agreement (APP Pharmaceuticals, Inc.), Contingent Value Rights Agreement (Fresenius Kabi Pharmaceuticals Holding, Inc.)
Trustee to Give Notice of Default, But May Withhold in Certain Circumstances. The Trustee shall give transmit to the Securityholders of any seriesSeries notice in the manner and to the extent provided in Section 11.4, as the names and addresses of such Holders appear on the registry books, notice by mail of all defaults known to the Trustee which have occurred with respect to such seriesSeries, such notice to be transmitted within 90 days after the occurrence thereof, unless such defaults shall have been cured before the giving of such notice (the term “"default” " or “"defaults” " for the purposes of this section Section being hereby defined to mean any event or condition which is, or with notice or lapse of time or both would become, an Event of Default); provided that, except in the case of default in the payment of the principal of or interest on any of the Securities of such series, Series or any default in the payment of any sinking or purchase fund installment with or analogous obligation in respect to of any of the Securities of such seriesSeries, the Trustee shall be protected in withholding such notice if and so long as the board of directors, the executive committee, or a trust committee of directors or trustees and/or or Responsible Officers of the Trustee in good faith determines that the withholding of such notice is in the interests of the Securityholders of such seriesSeries.
Appears in 2 contracts
Sources: Indenture (Navistar International Corp), Indenture (Navistar International Corp)
Trustee to Give Notice of Default, But May Withhold in Certain Circumstances. The Trustee shall give to the Securityholders Holders of any series, as the names and addresses of such Holders appear on the registry booksRegister, notice by mail of all defaults known to the Trustee which have occurred with respect to such series, such notice to be transmitted within 90 45 days after the occurrence thereof, unless such defaults shall have been cured before the giving of such notice (the term “default” or “defaults” for the purposes of this section being hereby defined to mean any event or condition which is, or with notice or lapse of time or both would become, an Event of Default); provided that, except in the case of default in the payment of the principal of or interest on any of the Securities of such series, or in the payment of any sinking or purchase fund installment with respect to the Securities of such series, the Trustee shall be protected in withholding such notice if and so long as the board of directors, the executive committee, or a trust committee of directors or trustees and/or Responsible Officers responsible officers of the Trustee in good faith determines that the withholding of such notice is in the interests of the Securityholders Holders of such series.
Appears in 2 contracts
Sources: Indenture (Adobe Systems Inc), Indenture (Adobe Systems Inc)
Trustee to Give Notice of Default, But May Withhold in Certain Circumstances. The Trustee shall give to the Securityholders Holders of any series, as the names and addresses of such Holders appear on the registry books, notice by mail of all defaults known to a Responsible Officer of the Trustee which have occurred with respect to such series, such notice to be transmitted within 90 45 days after the occurrence thereof, unless such defaults shall have been cured before the giving of such notice (the term “default” or “defaults” for the purposes of this section being hereby defined to mean any event or condition which is, or with notice or lapse of time or both would become, an Event of Default); provided that, except in the case of default in the payment of the principal of or interest on any of the Securities of such series, or in the payment of any sinking or purchase fund installment with respect to the Securities of such series, the Trustee shall be protected in withholding such notice if and so long as the board of directors, the executive committee, or a trust committee of directors or trustees and/or Responsible Officers of the Trustee in good faith determines that the withholding of such notice is in the interests of the Securityholders Holders of such series.
Appears in 2 contracts
Sources: Indenture (Palo Alto Networks Inc), Indenture (Palo Alto Networks Inc)
Trustee to Give Notice of Default, But May Withhold in Certain Circumstances. The Trustee shall give transmit to the Securityholders of any series, as the names and addresses of such Holders appear on the registry booksSecurity Register, notice by mail of all defaults known to a Responsible Officer of the Trustee which have occurred with respect to such series, such notice to be transmitted within 90 days after the occurrence thereof, unless such defaults shall have been cured before the giving of such notice (the term “"default” " or “"defaults” " for the purposes of this section Section being hereby defined to mean any event or condition which is, or with notice or lapse of time or both would become, an Event of Default); provided that, except in the case of default in the payment of the principal of of, or interest on premium, if any, or interest, if any, on, any of the Securities of such series, or in the payment of any sinking or purchase fund installment with respect to the Securities of such series, the Trustee shall be protected in withholding such notice if and so long as the board of directors, the executive committee, committee or a trust committee of directors or trustees and/or Responsible Officers of the Trustee in good faith determines that the withholding of such notice is in the interests of the Securityholders of such series.
Appears in 2 contracts
Sources: Indenture (Idacorp Inc), Indenture (Covanta Capital Trust Iii)
Trustee to Give Notice of Default, But May Withhold in Certain Circumstances. The Trustee shall give to the Securityholders of any series, as the names and addresses of such Holders appear on the registry books, notice by mail of all defaults known to Responsible Officers of the Trustee which have occurred with respect to such series, such notice to be transmitted within 90 days after the occurrence thereof, unless such defaults shall have been cured before the giving of such notice (the term “default” or “defaults” for the purposes of this section being hereby defined to mean any event or condition which is, or with notice or lapse of time or both would become, an Event of Default); provided that, except in the case of default in the payment of the principal Principal of or interest on any of the Securities of such series, or in the payment of any sinking or purchase fund installment with respect to the Securities of such series, the Trustee shall be protected in withholding such notice if and so long as the board of directors, the executive committee, or a trust committee of directors or trustees and/or Responsible Officers of the Trustee in good faith determines that the withholding of such notice is in the interests of the Securityholders of such series.
Appears in 2 contracts
Sources: Indenture (Loop Media, Inc.), Indenture (Formfactor Inc)
Trustee to Give Notice of Default, But May Withhold in Certain Circumstances. The Trustee shall give to the Securityholders of any series, as the names and addresses of such Holders appear on the registry books, notice by mail of all defaults known to the Trustee which have occurred with respect to such series, such notice to be transmitted within 90 days after the occurrence thereof, unless such defaults shall have been cured before the giving of such notice (the term “default” or “defaults” for the purposes of this section Section 4.11 being hereby defined to mean any event or condition which is, or with notice or lapse of time or both would become, an Event of Default); provided that, except in the case of default in the payment of the principal of or interest on any of the Securities of such series, or in the payment of any sinking or purchase fund installment with respect to the Securities of such series, the Trustee shall be protected in withholding such notice if and so long as the board of directors, the executive committee, or a trust committee of directors or trustees and/or Responsible Officers of the Trustee in good faith determines that the withholding of such notice is in the interests of the Securityholders of such series.
Appears in 2 contracts
Sources: Indenture (Smith & Nephew PLC), Indenture (Smith & Nephew PLC)
Trustee to Give Notice of Default, But May Withhold in Certain Circumstances. The Trustee shall give to the Securityholders of any series, as the names and addresses of such Holders appear on the registry books, notice by mail of all defaults known to the Trustee which have occurred with respect to such series, such notice to be transmitted within 90 days after the occurrence thereof, unless such defaults shall have been cured before the giving of such notice (the term “"default” " or “"defaults” " for the purposes of this section Section and Section 5.2(h) being hereby defined to mean any event or condition which is, or with notice or lapse of time or both would become, an Event of Default); provided that, except in the case of default in the payment of the principal of or interest on any of the Securities of such series, or in the payment of any sinking 47 or purchase fund installment with respect to the Securities of such series, the Trustee shall be protected in withholding such notice if and so long as the board of directors, the executive committee, or a trust committee of directors or trustees and/or Responsible Officers responsible officers of the Trustee in good faith determines that the withholding of such notice is in the interests of the Securityholders of such series.
Appears in 2 contracts
Sources: Indenture (Cardinal Health Inc), Indenture (Cardinal Health Inc)
Trustee to Give Notice of Default, But May Withhold in Certain Circumstances. The Trustee shall give to the Securityholders of any series, as the names and addresses of such Holders appear on the registry booksSecurity Register, notice by mail of all defaults Defaults known to the Trustee which have occurred with respect to such series, such notice to be transmitted within 90 days after the occurrence thereof, unless such defaults Defaults shall have been cured before the giving of such notice (the term “default” or “defaults” for the purposes of this section being hereby defined to mean any event or condition which is, or with notice or lapse of time or both would become, an Event of Default)notice; provided that, except in the case of default Default in the payment of the principal of or interest on any of the Securities of such series, or in the payment of any sinking or purchase fund installment with respect to the Securities of such series, the Trustee shall be protected in withholding such notice if and so long as the board of directors, the executive committee, or a trust committee of directors or trustees and/or Responsible Officers responsible officers of the Trustee in good faith determines that the withholding of such notice is in the interests of the Securityholders of such series.
Appears in 2 contracts
Sources: Indenture (Becton Dickinson & Co), Indenture (Cardinal Health Inc)
Trustee to Give Notice of Default, But May Withhold in Certain Circumstances. The Trustee shall give to the Securityholders of any series, as the names and addresses of such Holders appear on the registry books, notice by mail of all defaults known to Responsible Officers of the Trustee which have occurred with respect to such series, such notice to be transmitted within 90 days after the occurrence thereof, unless such defaults shall have been cured before the giving of such notice (the term “"default” " or “"defaults” " for the purposes of this section being hereby defined to mean any event or condition which is, or with notice or lapse of time or both would become, an Event of Default); provided that, except in the case of default in the payment of the principal of or interest on any of the Securities of such series, or in the payment of any sinking or purchase fund installment with respect to the Securities of such series, the Trustee shall be protected in withholding such notice if and so long as the board of directors, the executive committee, or a trust committee of directors or trustees and/or Responsible Officers of the Trustee in good faith determines that the withholding of such notice is in the interests of the Securityholders of such series.
Appears in 1 contract
Sources: Indenture (Comcast Corp)
Trustee to Give Notice of Default, But May Withhold in Certain Circumstances. The Trustee shall give transmit to the Securityholders of any seriesSeries notice in the manner and to the extent provided in Section 11.4, as the names and addresses of such Holders appear on the registry books, notice by mail of all defaults known to the Trustee which have occurred with respect to such seriesSeries, such notice to be transmitted within 90 days after the occurrence thereof, unless such defaults shall have been cured before the giving of such notice (the term “"default” " or “"defaults” " for the purposes of this section Section being hereby defined to mean any event or condition which is, or with notice or lapse of time or both would become, an Event of Default); provided PROVIDED that, except in the case of default in the payment of the principal of or interest on any of the Securities of such series, Series or any default in the payment of any sinking or purchase fund installment with or analogous obligation in respect to of any of the Securities of such seriesSeries, the Trustee shall be protected in withholding such notice if and so long as the board of directors, the executive committee, or a trust committee of directors or trustees and/or or Responsible Officers of the Trustee in good faith determines that the withholding of such notice is in the interests of the Securityholders of such seriesSeries.
Appears in 1 contract
Sources: Indenture (Office Depot Inc)
Trustee to Give Notice of Default, But May Withhold in Certain Circumstances. The Trustee shall give transmit to the Securityholders of any seriesSeries notice in the manner and to the extent provided in Section 11.6, as the names and addresses of such Holders appear on the registry books, notice by mail of all defaults known to the Trustee which have occurred with respect to such seriesSeries, such notice to be transmitted within 90 days after the occurrence thereof, unless such defaults shall have been cured before the giving of such notice (the term “"default” " or “"defaults” " for the purposes of this section Section being hereby defined to mean any event or condition which is, or with notice or lapse of time or both would become, an Event of Default); provided that, except in the case of default in the payment of the principal of or interest on any of the Securities of such series, Series or any default in the payment of any sinking or purchase fund installment with or analogous obligation in respect to of any of the Securities of such seriesSeries, the Trustee shall be protected in withholding such notice if and so long as the board of directors, the executive committee, or a trust committee of directors or trustees and/or or Responsible Officers of the Trustee in good faith determines that the withholding of such notice is in the interests of the Securityholders of such seriesSeries.
Appears in 1 contract
Sources: Indenture (Joy Global Inc)
Trustee to Give Notice of Default, But May Withhold in Certain Circumstances. The Trustee shall give shall, within 90 days after a Responsible Officer of the Trustee has received actual written notice of the occurrence of a default with respect to the Securityholders Securities of any series, as the names and addresses of such Holders appear on the registry books, give notice by mail of all defaults known to the Trustee which have occurred with respect to that series to all Holders of Securities of such series, such notice series in the manner and to be transmitted within 90 days after the occurrence thereofextent provided in Section 313(c) of the Trust Indenture Act, unless in each case such defaults shall have been cured before the giving mailing or publication of such notice (the term “default” or “defaults” for the purposes purpose of this section Section being hereby defined to mean any event or condition which is, or with notice or lapse of time or both would become, an Event of Default); Default); provided that, except in the case of default in the payment of the principal of or interest or Additional Amounts on any of the Securities of such series, or in the payment of any sinking or purchase fund installment with respect to the Securities of such series, the Trustee shall be protected in withholding such notice if and so long as the board of directors, the executive committee, or a trust committee of directors or trustees and/or Responsible Officers of the Trustee in good faith determines that the withholding of such notice is in the interests of the Securityholders Holders of such series.
Appears in 1 contract
Sources: Subordinated Indenture (Fidelis Insurance Holdings LTD)
Trustee to Give Notice of Default, But May Withhold in Certain Circumstances. The Trustee shall give to the Securityholders of any seriesshall, as the names and addresses of such Holders appear on the registry books, notice by mail of all defaults known to the Trustee which have occurred with respect to such series, such notice to be transmitted within 90 days after the occurrence thereofof a default with respect to the Securities of any series, give notice of all defaults with respect to that series known to the Trustee to all Holders of Securities of such series in the manner and to the extent provided in Section 313(c) of the Trust Indenture Act, unless in each case such defaults shall have been cured before the giving mailing or publication of such notice (the term “default” or “defaults” for the purposes purpose of this section Section being hereby defined to mean any event or condition which is, or with notice or lapse of time or both would become, an Event of Default); provided PROVIDED that, except in the case of default in the payment of the principal of or interest on any of the Securities of such series, or in the payment of any sinking or purchase fund installment with respect to the Securities of on such series, the Trustee shall be protected in withholding such notice if and so long as the board of directors, the executive committee, or a trust committee of directors or trustees and/or Responsible Officers of the Trustee in good faith determines that the withholding of such notice is in the interests of the Securityholders of such series.
Appears in 1 contract
Sources: Indenture (Exelon Corp)
Trustee to Give Notice of Default, But May Withhold in Certain Circumstances. The Trustee shall give transmit to the Securityholders Holders of any series, as the names and addresses of such Holders appear on the registry books, notice by mail of all defaults known to the Trustee which have occurred with respect to such seriesseries of which the Trustee has received written notice, such notice to be transmitted within 90 days after the occurrence thereof, unless such defaults shall have been cured before the giving of such notice (the term “default” or “defaults” for the purposes of this section Section being hereby defined to mean any event or condition which is, or with notice or lapse of time or both would become, an Event of Default); provided that, except in the case of default in the payment of the principal of of, premium, if any, on or interest on any of the Securities of such series, series or in the payment making of any sinking or purchase fund installment payment with respect to the Securities of such series, the Trustee shall be protected in withholding such notice if and so long as the board of directors, the executive committee, or a trust committee of directors or trustees and/or Responsible Officers of the Trustee in good faith determines that the withholding of such notice is in the interests of the Securityholders Holders of such series.
Appears in 1 contract
Trustee to Give Notice of Default, But May Withhold in Certain Circumstances. The Trustee shall give transmit to the Securityholders of any seriesHolders, as the names and addresses of such Holders appear on the registry booksSecurity Register, notice by mail of all defaults which have occurred and are known to the Trustee which have occurred with respect to such seriesTrustee, such notice to be transmitted within 90 ninety days after the occurrence thereof, unless such defaults shall have been cured before the giving of such notice (the term “default” "DEFAULT" or “defaults” "DEFAULTS" for the purposes of this section Section being hereby defined to mean any event or condition which is, or with notice or lapse of time or both would become, an Event of Default); provided that, except in the case of default in the payment of the principal amounts payable in respect of or interest on any of the Securities of such series, or in the payment of any sinking or purchase fund installment with respect to the Securities of such seriesSecurities, the Trustee shall be protected in withholding such notice if and so long as the board of directors, the executive committee, or a trust committee of directors or trustees and/or Responsible Officers of the Trustee in good faith determines that the withholding of such notice is in the interests of the Securityholders of such seriesHolders.
Appears in 1 contract
Sources: Contingent Value Rights Agreement (Hewlett Packard Co)
Trustee to Give Notice of Default, But May Withhold in Certain Circumstances. The Trustee shall give shall, at the Issuer's expense, transmit to the Securityholders Holders of any seriesSecurities, as the names and addresses of such Holders appear on the registry books, notice by mail of all defaults known to the Trustee which have occurred with respect to such seriesTrustee, such notice to be transmitted within 90 days after the occurrence thereof, unless such defaults shall have been cured before the giving of such notice (the term “"default” " or “"defaults” " for the purposes of this section Section being hereby defined to mean any event or condition which is, or with notice or lapse of time or both would become, an Event of Default); provided that, except in the case of default in the payment of the principal of or premium of, if any, or interest on any of the Securities of such series, or in the payment of any sinking or purchase fund installment with respect to the Securities of such seriesSecurities, the Trustee shall be protected in withholding such notice if and so long as the board of directors, the executive committee, or a trust committee of directors or trustees and/or Responsible Officers of the Trustee in good faith determines that the withholding of such notice is in the interests of the Securityholders of such seriesSecurityholders.
Appears in 1 contract
Sources: Convertible Subordinated Indenture (Chancellor Media Corp/)
Trustee to Give Notice of Default, But May Withhold in Certain Circumstances. The Trustee shall give to the Securityholders of any seriesshall, as the names and addresses of such Holders appear on the registry books, notice by mail of all defaults known to the Trustee which have occurred with respect to such series, such notice to be transmitted within 90 days after the occurrence thereofof a default with respect to the Securities of any series, give notice of all defaults with respect to that series known to the Trustee by mailing notice to the Holders of then Outstanding Securities of each series affected at their addresses as they shall appear on the Security register, unless in each case such defaults shall have been cured before the giving mailing of such notice (the term “default” or “defaults” for the purposes purpose of this section Section being hereby defined to mean any event or condition which is, or with notice or lapse of time or both would become, an a Default or Event of Default); provided that, except in the case of default in the payment of the principal of or interest on any of the Securities of such series, or in the payment of any sinking or purchase fund installment with respect to the Securities of on such series, the Trustee shall be protected in withholding such notice if and so long as the board of directors, the executive committee, or a trust committee of directors or trustees and/or Responsible Officers of the Trustee in good faith determines that the withholding of such notice is in the interests of the Securityholders of such series.
Appears in 1 contract
Sources: Subordinated Indenture (Bbva Compass Bancshares, Inc)
Trustee to Give Notice of Default, But May Withhold in Certain Circumstances. The Trustee shall give to the Securityholders of any series, as the names and addresses of such Holders appear on the registry books, notice by mail of all defaults known to the Trustee which have occurred with respect to such series, such notice to be transmitted within 90 days after the occurrence thereof, unless such defaults shall have been cured before the giving of such notice (the term “"default” " or “"defaults” " for the purposes of this section Section being hereby defined to mean any event or condition which is, or with notice or lapse of time or both would become, an Event of Default); provided that, except in the case of default in the payment of the principal of or interest on any of the Securities of such series, or in the payment of any sinking or purchase fund installment instalment with respect to the Securities of such series, the Trustee shall be protected in withholding such notice if and so sc long as the board of directors, the executive committee, or a trust committee of directors or trustees and/or Responsible Officers of the Trustee in good faith determines that the withholding of such notice is in the interests of the Securityholders of such series.
Appears in 1 contract
Trustee to Give Notice of Default, But May Withhold in Certain Circumstances. The Trustee shall give to the Securityholders of any series, as the names and addresses of such Holders appear on the registry books, notice by mail of all defaults known to the Trustee which have occurred with respect to such series, such notice to be transmitted within 90 days after the occurrence thereof, unless such defaults shall have been cured before the giving of such notice (the term “default” or “defaults” for the purposes of this section being hereby defined to mean any event or condition which is, or with notice or lapse of time or both would become, an Event of Default); provided that, except in the case of default in the payment of the principal of or interest on any of the Securities of such series, or in the payment of any sinking or purchase fund installment with respect to the Securities of such series, the Trustee shall be protected in withholding such notice if and so long as the board of directors, the executive committee, or a trust committee of directors or trustees and/or Responsible Officers of the Trustee it in good faith determines that the withholding of such notice is in the interests of the Securityholders of such series.
Appears in 1 contract
Trustee to Give Notice of Default, But May Withhold in Certain Circumstances. The Trustee shall give transmit to the Securityholders of any series, as the names and addresses of such Holders appear on the registry booksSecurity Register, notice by mail of all defaults known to a responsible officer of the Trustee which have occurred with respect to such series, such notice to be transmitted within 90 days after the occurrence thereof, unless such defaults shall have been cured before the giving of such notice (the term “"default” " or “"defaults” " for the purposes of this section Section being hereby defined to mean any event or condition which is, or with notice or lapse of time or both would become, an Event of Default); provided PROVIDED that, except in the case of default in the payment of the principal of of, or interest on premium, if any, or interest, if any, on, any of the Securities of such series, or in the payment of any sinking or purchase fund installment with respect to the Securities of such series, the Trustee shall be protected in withholding such notice if and so long as the board of directors, the executive committee, committee or a trust committee of directors or trustees and/or Responsible Officers responsible officers of the Trustee in good faith determines that the withholding of such notice is in the interests of the Securityholders of such series.
Appears in 1 contract
Sources: Indenture (Idaho Power Co)
Trustee to Give Notice of Default, But May Withhold in Certain Circumstances. The Trustee shall give to the Securityholders of any series, as the names and addresses of such Holders appear on the registry books, notice by mail of all defaults known to the Trustee which have occurred with respect to such series, such notice to be transmitted within 90 days after the occurrence thereof, unless such defaults shall have been cured before the giving of such notice (the term “"default” " or “"defaults” " for the purposes of this section Section being hereby defined to mean any event or condition which is, or with notice or lapse of time or both would become, an Event of Default); provided that, except in the case of default in the payment of the principal of (premium, if any) or interest on any of the Securities of such series, or in the payment of any sinking or purchase fund installment with respect to the Securities of such series, the Trustee shall be protected in withholding such notice if and so long as the board of directors, the executive committee, or a trust committee of directors or trustees and/or Responsible Officers responsible officers of the Trustee in good faith determines that the withholding of such notice is in the interests of the Securityholders of such series.
Appears in 1 contract
Trustee to Give Notice of Default, But May Withhold in Certain Circumstances. The Trustee shall give to the Securityholders of any seriesshall, as the names and addresses of such Holders appear on the registry books, notice by mail of all defaults known to the Trustee which have occurred with respect to such series, such notice to be transmitted within 90 days after the occurrence thereofof a default (of which it has received notice in accordance with Section 6.1(b)(iv)) with respect to the Securities of any series, give notice of all defaults with respect to that series to all Holders of Securities of such series in the manner and to the extent provided in Section 313(c) of the Trust Indenture Act, unless in each case such defaults shall have been cured before the giving mailing or publication of such notice (the term “default” or “defaults” for the purposes purpose of this section Section being hereby defined to mean any event or condition which is, or with notice or lapse of time or both would become, an Event of Default); provided that, except in the case of default in the payment of the principal of or interest or Additional Amounts on any of the Securities of such series, or in the payment of any sinking or purchase fund installment with respect to the Securities of on such series, the Trustee shall be protected in withholding such notice if and so long as the board of directors, the executive committee, or a trust committee of directors or trustees and/or Responsible Officers of the Trustee in good faith determines that the withholding of such notice is in the interests of the Securityholders of such series.
Appears in 1 contract
Trustee to Give Notice of Default, But May Withhold in Certain Circumstances. The Trustee shall give transmit to the Debt Securityholders of any series, as the names and addresses of such Holders appear on the registry books, notice by mail of all defaults known to the Trustee which have occurred with respect to such series, such notice to be transmitted within 90 days after the occurrence thereof, unless such defaults shall have been cured before the giving of such notice (the term “"default” " or “"defaults” " for the purposes of this section Section being hereby defined to mean any event or condition which is, or with notice or lapse of time or both would become, an Event of Default); provided PROVIDED that, except in the case of default in the payment of the principal of or interest on any of the Securities of such series, or in the payment of any sinking or purchase fund installment with respect to the Debt Securities of such series, the Trustee shall be protected in withholding such notice if and so long as the board of directors, the executive committee, or a trust committee of directors or trustees and/or Responsible Officers responsible officers of the Trustee in good faith determines that the withholding of such notice is in the interests of the Debt Securityholders of such series.
Appears in 1 contract
Sources: Trust Indenture (Financial Security Assurance Holdings LTD/Ny/)
Trustee to Give Notice of Default, But May Withhold in Certain Circumstances. The Trustee shall give to the Securityholders of any series, as the names and addresses of such Holders appear on the registry books, notice by mail of all defaults known to the Trustee which have occurred with respect to such series, such notice to be transmitted within 90 days after the occurrence thereof, unless such defaults shall have been cured before the giving of such notice (the term “"default” " or “"defaults” " for the purposes of this section Section being hereby defined to mean any event or condition which is, or with notice or lapse of time or both would become, an Event of Default); provided that, except in the case of default in the payment of the principal of or interest on any of the Securities of such series, or in the payment of any sinking or purchase fund installment instalment with respect to the Securities of such series, the Trustee shall be protected in withholding such notice if and so long as the board of directors, the executive committee, committee or a trust committee of directors or trustees and/or Responsible Officers of the Trustee in good faith determines that the withholding of such notice is in the interests of the Securityholders of such series.
Appears in 1 contract
Sources: Indenture (Murphy Oil Corp /De)
Trustee to Give Notice of Default, But May Withhold in Certain Circumstances. The Trustee shall give transmit to the Securityholders of any seriesSeries notice in the manner and to the extent provided in Section 11.4, as the names and addresses of such Holders appear on the registry books, notice by mail of all defaults known to the Trustee which have occurred with respect to such seriesSeries, such 50 notice to be transmitted within 90 days after the occurrence thereof, unless such defaults shall have been cured before the giving of such notice (the term “"default” " or “"defaults” " for the purposes of this section Section being hereby defined to mean any event or condition which is, or with notice or lapse of time or both would become, an Event of Default); provided that, except in the case of default in the payment of the principal of or interest on any of the Securities of such series, Series or any default in the payment of any sinking or purchase fund installment with or analogous obligation in respect to of any of the Securities of such seriesSeries, the Trustee shall be protected in withholding such notice if and so long as the board of directors, the executive committee, or a trust committee of directors or trustees and/or or Responsible Officers of the Trustee in good faith determines that the withholding of such notice is in the interests of the Securityholders of such seriesSeries.
Appears in 1 contract
Trustee to Give Notice of Default, But May Withhold in Certain Circumstances. The Trustee shall give transmit to the Securityholders of any seriesSeries notice, as in the names manner and addresses of such Holders appear on to the registry booksextent provided in Section 14.4, notice by mail of all defaults known to the Trustee which have occurred with respect to such seriesSeries, such notice to be transmitted within 90 days after the occurrence thereof, unless such defaults shall have been cured before the giving of such notice (the term “default” or “defaults” for the purposes of this section Section 5.11 and Section 6.2(h) being hereby defined to mean any event or condition which is, or with notice or lapse of time or both would become, an Event of Default); provided that, except in the case of default in the payment of the principal of or interest on any of the Securities of such series, Series or any default in the payment of any sinking or purchase fund installment with or analogous obligation in respect to of any of the Securities of such seriesSeries, the Trustee shall be protected in withholding such notice if and so long as the board of directors, the executive committee, or a trust committee of directors or trustees and/or Responsible Officers of the Trustee in good faith determines that the withholding of such notice is in the interests of the Securityholders of such seriesSeries. In the case of any default of the character specified in Section 5.1(c) with respect to Securities of such Series, no such notice to Holders shall be given until at least 30 days after the occurrence thereof.
Appears in 1 contract
Sources: Indenture (Lithia Motors Inc)
Trustee to Give Notice of Default, But May Withhold in Certain Circumstances. The Trustee shall give transmit to the Securityholders of any seriesHolders, as the names and addresses of such Holders appear on the registry booksSecurity Register, notice by mail of all defaults which have occurred and are actually known to the Trustee which have occurred with respect to such seriesTrustee, such notice to be transmitted within 90 ninety days after the occurrence or knowledge thereof, unless such defaults shall have been cured before the giving of such notice (the term “"default” " or “defaults” "Defaults" for the purposes of this section Section being hereby defined to mean any event or condition which is, or with notice or lapse of time or both would become, an Event of Default); provided that, except in the case of default in the payment of the principal of or interest CVR Payout on any of the Securities of such series, or in the payment of any sinking or purchase fund installment with respect to the Securities of such seriesSecurities, the Trustee shall be protected in withholding such notice if and so long as the board of directors, the executive committee, or a trust committee of directors or trustees and/or Responsible Officers of the Trustee in good faith determines that the withholding of such notice is in the interests of the Securityholders of such seriesHolders.
Appears in 1 contract
Sources: Contingent Value Rights Agreement (Hewlett Packard Erste Vermogensverw U Beteiligungsges MBH)
Trustee to Give Notice of Default, But May Withhold in Certain Circumstances. The Trustee shall give transmit to the Securityholders of any series, as the names and addresses of such Holders appear on the registry booksSecurity Register, notice by mail of all defaults known to a Responsible Officer of the Trustee which have occurred with respect to such series, such notice to be transmitted within 90 days after the occurrence thereof, unless such defaults shall have been cured before the giving of such notice (the term “"default” " or “"defaults” " for the purposes of this section Section being hereby defined to mean any event or condition which is, or with notice or lapse of time or both would become, an Event of Default); provided PROVIDED that, except in the case of default in the payment of the principal of or interest on any of the Securities of such seriesof, or in the payment premium, if any, or interest, if any, on, any -41- of any sinking or purchase fund installment with respect to the Securities of such series, the Trustee shall be protected in withholding such notice if and so long as the board of directors, the executive committee, committee or a trust committee of directors or trustees and/or Responsible Officers of the Trustee in good faith determines that the withholding of such notice is in the interests of the Securityholders of such series.
Appears in 1 contract
Sources: Indenture (Idaho Power Co)
Trustee to Give Notice of Default, But May Withhold in Certain Circumstances. The Trustee shall give to the Securityholders of any seriesshall, as the names and addresses of such Holders appear on the registry books, notice by mail of all defaults known to the Trustee which have occurred with respect to such series, such notice to be transmitted within 90 days after the occurrence thereofof a default with respect to the Securities of any series, give notice of all defaults with respect to such series known to the Trustee to all Holders of Securities of such series in the manner and to the extent provided in Section 4.4(c), unless in each case such defaults shall have been cured before the giving mailing or publication of such notice (the term “"default” or “defaults” " for the purposes purpose of this section Article being hereby defined to mean any event or condition which is, or with notice or lapse of time or both would become, an Event of Default); provided that, except in the case of default in the payment of the principal of or interest the interest, if any, on any of the Securities of such series, or in the payment of any sinking or purchase fund installment with respect to the Securities of or analogous payment on such series, the Trustee shall be protected in withholding such notice if and so long as the board of directors, the executive committee, committee or a trust committee of directors or trustees and/or Responsible Officers of the Trustee in good faith determines that the withholding of such notice is in the interests of the Securityholders of such series.
Appears in 1 contract
Trustee to Give Notice of Default, But May Withhold in Certain Circumstances. The Trustee shall give to the Securityholders of any seriesshall, as the names and addresses of such Holders appear on the registry books, notice by mail of all defaults known to the Trustee which have occurred with respect to such series, such notice to be transmitted within 90 days after the occurrence thereofof a default with respect to the Securities of any series, give notice of all defaults with respect to that series known to the Trustee to all Holders of Securities of such series in the manner and to the extent provided in Section 313(c) of the Trust Indenture Act, unless in each case such defaults shall have been cured before the giving mailing or publication of such notice (the term “"default” or “defaults” " for the purposes purpose of this section Section being hereby defined to mean any event or condition which is, or with notice or lapse of time or both would become, an Event of Default); provided PROVIDED, that, except in the case of default in the payment of the principal of or interest on any of the Securities of such series, or in the payment of any sinking or purchase fund installment with respect to the Securities of on such series, the Trustee shall be protected in withholding such notice if and so long as the board of directors, the executive committee, or a trust committee of directors or trustees and/or Responsible Officers of the Trustee in good faith determines that the withholding of such notice is in the interests of the Securityholders of such series.
Appears in 1 contract
Sources: Indenture (Exelon Corp)
Trustee to Give Notice of Default, But May Withhold in Certain Circumstances. The Trustee shall give transmit to the Securityholders of any series, as the names and addresses of such Holders appear on the registry booksSecurity Register, notice by mail of all defaults known to a Responsible Officer of the Trustee which have occurred with respect to such series, such notice to be transmitted within 90 60 days after the occurrence thereof, unless such defaults shall have been cured before the giving of such notice (the term “default” or “defaults” for the purposes of this section Section being hereby defined to mean any event or condition which is, or with notice or lapse of time or both would become, an Event of Default); provided that, except in the case of default in the payment of the principal of of, or interest on premium, if any, or interest, if any, on, or any Additional Amounts with respect to, any of the Securities of such series, or in the payment of any sinking or purchase fund installment with respect to the Securities of such series, the Trustee shall be protected in withholding such notice if and so long as the board of directors, the executive committee, committee or a trust committee of directors or trustees and/or Responsible Officers of the Trustee in good faith determines that the withholding of such notice is in the interests of the Securityholders of such series.
Appears in 1 contract
Trustee to Give Notice of Default, But May Withhold in Certain Circumstances. The Trustee shall give to the Securityholders Holders of any series, as the names and addresses of such Holders appear on the registry booksRegister, notice by mail of all defaults actually known to a Responsible Officer of the Trustee which have occurred with respect to such series, such notice to be transmitted within 90 the later of 60 days after the occurrence thereof or 30 days after a Responsible Officer of the Trustee has received written notice from the Issuer thereof or otherwise obtained actual knowledge thereof, unless such defaults shall have been cured before the giving of such notice (the term “default” or “defaults” for the purposes of this section being hereby defined to mean any event or condition which is, or with notice or lapse of time or both would become, an Event of Default); provided that, except in the case of default in the payment of the principal of or interest on any of the Securities of such series, or in the payment of any sinking or purchase fund installment with respect to the Securities of such series, the Trustee shall be protected in withholding such notice if and so long as the board of directors, the executive committee, or a trust committee of directors or trustees and/or Responsible Officers of the Trustee in good faith determines determine that the withholding of such notice is in the interests of the Securityholders Holders of such series.
Appears in 1 contract
Sources: Indenture (Illumina, Inc.)
Trustee to Give Notice of Default, But May Withhold in Certain Circumstances. The Trustee shall give to the Securityholders of any series, as the names and addresses of such Holders holders appear on the registry books, notice by mail of all defaults known to the Trustee which have occurred with respect to such series, such notice to be transmitted within 90 days after the occurrence thereof, unless such defaults shall have been cured before the giving of such notice (the term “"default” " or “"defaults” " for the purposes of this section Section being hereby defined to mean any event or condition which is, or with notice or lapse of time or both would become, an Event of Default); provided PROVIDED that, except in the case of default in the payment of the principal of or interest on any of the Securities of such series, or in the payment of any sinking or purchase fund installment instalment with respect to the Securities of such series, the Trustee shall be protected in withholding such notice if and so long as the board of directors, the executive committee, or a trust committee of directors or trustees and/or Responsible Officers of the Trustee in good faith determines that the withholding of such notice is in the interests of the Securityholders of such series.
Appears in 1 contract
Sources: Indenture (Crane Co /De/)
Trustee to Give Notice of Default, But May Withhold in Certain Circumstances. The Trustee shall give to the Securityholders of any seriesshall, as the names and addresses of such Holders appear on the registry books, notice by mail of all defaults known to the Trustee which have occurred with respect to such series, such notice to be transmitted within 90 days after the occurrence thereofof a default with respect to the Securities of any series, give notice to the Securityholders of all defaults with respect to that series known to the Trustee in the manner and to the extent provided in Section 11.4, unless in each case such defaults shall have been cured before the giving mailing or publication of such notice (the term “default” or “defaults” for the purposes purpose of this section Section being hereby defined to mean any event or condition which is, or with notice or lapse of time or both would become, an Event of Default); provided provided, that, except in the case of default in the payment of the principal of or interest on any of the Securities of such series, or default in the payment of any sinking or purchase fund installment with respect to the Securities of on such series, the Trustee shall be protected in withholding such notice if and so long as the board of directors, the executive committee, or a trust committee of directors or trustees and/or Responsible Officers of the Trustee in good faith determines that the withholding of such notice is in the interests of the Securityholders of such series.
Appears in 1 contract
Sources: Indenture (Wynn Resorts LTD)
Trustee to Give Notice of Default, But May Withhold in Certain Circumstances. The Trustee shall give transmit to the Securityholders of any seriesHolders, as the names and addresses of such Holders appear on the registry booksSecurity Register, notice by mail of all defaults which have occurred and are known to the Trustee which have occurred with respect to such seriesTrustee, such notice to be transmitted within 90 ninety days after the occurrence thereof, unless such defaults shall have been cured before the giving of such notice (the term “"default” " or “defaults” "Defaults" for the purposes of this section Section being hereby defined to mean any event or condition which is, or with notice or lapse of time or both would become, an Event of Default); provided that, except in the case of default in the payment of the principal amounts payable in respect of or interest on any of the Securities of such series, or in the payment of any sinking or purchase fund installment with respect to the Securities of such seriesSecurities, the Trustee shall be protected in withholding such notice if and so long as the board of directors, the executive committee, or a trust committee of directors or trustees and/or Responsible Officers of the Trustee in good faith determines that the withholding of such notice is in the interests of the Securityholders of such seriesHolders.
Appears in 1 contract
Sources: Contingent Payment Rights Agreement (Somatogen Inc)
Trustee to Give Notice of Default, But May Withhold in Certain Circumstances. The Trustee shall give to the Securityholders of any series, as the names and addresses of such Holders appear on the registry books, notice by mail of all defaults known to the Trustee which have occurred with respect to such series, such notice to be transmitted within 90 days after the occurrence thereof, unless such defaults shall have been cured before the giving of such notice (the term “"default” " or “"defaults” " for the purposes of this section Section being hereby defined to mean any event or condition which is, or with notice or lapse of time or both would become, an Event of Default); provided PROVIDED that, except in the case of default in the payment of the principal of or interest on any of the Securities of such series, or in the payment of any sinking or purchase fund installment with respect to the Securities of such series, the Trustee shall be protected in withholding such notice if and so long as the board of directors, the executive committee, or a trust committee of directors or trustees and/or Responsible Officers of the Trustee in good faith determines that the withholding of such notice is in the interests of the Securityholders of such series.
Appears in 1 contract
Trustee to Give Notice of Default, But May Withhold in Certain Circumstances. The Trustee shall give to the Securityholders of any series, as the names and addresses of such Holders appear on the registry books, notice by mail of all defaults known to the Trustee which have occurred with respect to such series, such notice to be transmitted within 90 days after the occurrence thereof, unless such defaults shall have been cured before the giving of such notice (the term “default” or “defaults” for the purposes of this section Section being hereby defined to mean any event or condition which is, or with notice or lapse of time or both would become, an Event of Default); provided that, except in the case of default in the payment of the principal of or interest on any of the Securities of such series, or in the payment of any sinking or purchase fund installment with respect to the Securities of such series, the Trustee shall be Table of Contents protected in withholding such notice if and so long as the board of directors, the executive committee, or a trust committee of directors or trustees and/or Responsible Officers responsible officers of the Trustee in good faith determines that the withholding of such notice is in the interests of the Securityholders of such series.
Appears in 1 contract
Sources: Indenture (Nokia Corp)
Trustee to Give Notice of Default, But May Withhold in Certain Circumstances. The Trustee shall give to the Securityholders of any series, as the names and addresses of such Holders appear on the registry books, notice by mail of all defaults known to the Trustee which have occurred with respect to such series, such notice to be transmitted within 90 days after the occurrence thereof, unless such defaults shall have been cured before the giving of such notice (the term “default” or “defaults” for the purposes of this section Section being hereby defined to mean any event or condition which is, or with notice or lapse of time or both would become, an Event of Default); provided that, except in the case of default in the payment of the principal of or interest on any of the Securities of such series, or in the payment of any sinking or purchase fund installment with respect to the Securities of such series, the Trustee shall be protected in withholding such notice if and so long as the board of directors, the executive committee, committee or a trust committee of directors or trustees and/or Responsible Officers of the Trustee in good faith determines that the withholding of such notice is in the interests of the Securityholders of such series.
Appears in 1 contract
Sources: Indenture (Murphy Oil Corp /De)
Trustee to Give Notice of Default, But May Withhold in Certain Circumstances. The Trustee shall give transmit to the Securityholders of any series, as the names and addresses of such Holders appear on the registry books, notice by mail of all defaults known to the Trustee which have occurred with respect to such series, such notice to be transmitted within 90 days after the occurrence thereof, unless such defaults shall have been cured before the giving of such notice (the term “default” or “defaults” for the purposes of this section Section being hereby defined to mean any event or condition which is, or with notice or lapse of time or both would become, an Event of Default); provided that, except in the case of default in the payment of the principal of of, interest on, or interest on any sinking fund installment or other similar obligation with respect to, any of the Securities of such series, or in the payment of any sinking or purchase fund installment with respect to the Securities of such series, the Trustee shall be protected in withholding such notice if and so long as the board of directors, the executive committee, or a trust committee of directors or trustees and/or Responsible Officers of the Trustee in good faith determines that the withholding of such notice is in the interests of the Securityholders of such series.
Appears in 1 contract
Trustee to Give Notice of Default, But May Withhold in Certain Circumstances. The Trustee shall give transmit to the Securityholders holders of any series, as the names and addresses of such Holders holders appear on the registry books, notice by mail of all defaults known to the Trustee which have occurred with respect to such seriesseries of which the Trustee has received written notice, such notice to be transmitted within 90 days after the occurrence thereof, unless such defaults shall have been cured before the giving of such notice (the term “default” or “defaults” for the purposes of this section Section being hereby defined to mean any event or condition which is, or with notice or lapse of time or both would become, an Event of Default); provided that, except in the case of default in the payment of the principal of of, premium, if any, on or interest on any of the Securities of such series, series or in the payment making of any sinking or purchase fund installment payment with respect to the Securities of such series, the Trustee shall be protected in withholding such notice if and so long as the board of directors, the executive committee, or a trust committee of directors or trustees and/or Responsible Officers responsible officers of the Trustee in good faith determines that the withholding of such notice is in the interests of the Securityholders holders of such series.
Appears in 1 contract
Trustee to Give Notice of Default, But May Withhold in Certain Circumstances. The Trustee shall give transmit to the Securityholders of any series, as the names and addresses of such Holders appear on the registry books, notice by mail of all defaults known to the Trustee which have occurred with respect to such series, such notice to be transmitted within 90 days after the occurrence thereof, unless such defaults shall have been cured before the giving of such notice (the term “"default” " or “"defaults” " for the purposes of this section Section being hereby defined to mean any event or condition which is, or with notice or lapse of time or both would become, an Event of Default); provided that, except in the case of default in the payment of the principal of of, interest on, or interest on any sinking fund installment or other similar obligation with respect to, any of the Securities of such series, or in the payment of any sinking or purchase fund installment with respect to the Securities of such series, the Trustee shall be protected in withholding such notice if and so long as the board of directors, the executive committee, or a trust committee of directors or trustees and/or Responsible Officers of the Trustee in good faith determines that the withholding of such notice is in the interests of the Securityholders of such series.
Appears in 1 contract
Sources: Indenture (Emerson Electric Co)
Trustee to Give Notice of Default, But May Withhold in Certain Circumstances. The Trustee shall give transmit to the Securityholders of any seriesSeries notice in the manner and to the extent provided in Section 12.4, as the names and addresses of such Holders appear on the registry books, notice by mail of all defaults known to the Trustee which have occurred with respect to such seriesSeries, such notice to be transmitted within 90 days after the occurrence thereof, unless such defaults shall have been cured before the giving of such notice (the term “"default” " or “"defaults” " for the purposes of this section Section being hereby defined to mean any event or condition which is, or with notice or lapse of time or both would become, an Event of Default); provided that, except in the case of default in the payment of the principal of or interest on any of the Securities of such series, Series or any default in the payment of any sinking or purchase fund installment with or analogous obligation in respect to of any of the Securities of such seriesSeries, the Trustee shall be protected in withholding such notice if and so long as the board of directors, the executive committee, or a trust committee of directors or trustees and/or or Responsible Officers of the Trustee in good faith determines that the withholding of such notice is in the interests of the Securityholders of such seriesSeries.
Appears in 1 contract
Trustee to Give Notice of Default, But May Withhold in Certain Circumstances. The Trustee shall give transmit to the Securityholders of any series, as the names and addresses of such Holders holders appear on the registry books, notice by mail of all defaults known to the Trustee which have occurred with respect to such seriesseries known to the Trustee, such notice to be transmitted within 90 days after the occurrence thereof, unless such defaults shall have been cured before the giving of such notice (the term “default” or “defaults” for the purposes of this section Section being hereby defined to mean any event or condition which is, or with notice or lapse of time or both would become, an Event of Default); provided that, except in the case of default in the payment of the principal of or interest on any of the Securities of such series, series or in the payment making of any sinking or purchase fund installment payment with respect to the Securities of such series, the Trustee shall be protected in withholding such notice if and so long as the board of directors, the executive committee, or a trust committee of directors or trustees and/or Responsible Officers responsible officers of the Trustee in good faith determines that the withholding of such notice is in the interests of the Securityholders Security holders of such series.
Appears in 1 contract
Sources: Indenture (Tyme Technologies, Inc.)
Trustee to Give Notice of Default, But May Withhold in Certain Circumstances. The Trustee shall give transmit to the Securityholders of any series, as the names and addresses of such Holders appear on the registry booksSecurity Register, notice by mail of all defaults known to a Responsible Officer of the Trustee which have occurred with respect to such series, such notice to be transmitted within 90 60 days after the occurrence thereof, unless such defaults shall have been cured before the giving of such notice (the term “"default” " or “"defaults” " for the purposes of this section Section being hereby defined to mean any event or condition which is, or with notice or lapse of time or both would become, an Event of Default); provided that, except in the case of default in the payment of the principal of of, or interest on premium, if any, or interest, if any, on, or any Additional Amounts with respect to, any of the Securities of such series, or in the payment of any sinking or purchase fund installment with respect to the Securities of such series, the Trustee shall be protected in withholding such notice if and so long as the board of directors, the executive committee, or a trust committee of directors or trustees and/or Responsible Officers of the Trustee in good faith determines that the withholding of such notice is in the interests of the Securityholders of such series.
Appears in 1 contract
Trustee to Give Notice of Default, But May Withhold in Certain Circumstances. The Trustee shall give to the Securityholders of any seriesNoteholders, as the names and addresses of such Holders appear on the registry booksRegister, notice by mail of all defaults known to the Trustee which have occurred with respect to such seriesTrustee, such notice to be transmitted within 90 days after the occurrence thereof, unless such defaults shall have been cured before the giving of such notice (the term “default” or “defaults” for the purposes of this section being hereby defined to mean any event or condition which is, or with notice or lapse of time or both would become, an Event of Default); provided that, except in the case of default in the payment of the principal of or interest on any of the Securities of such series, or in the payment of any sinking or purchase fund installment with respect to the Securities of such seriesSubordinated Notes, the Trustee shall be protected in withholding such notice if and so long as the board of directors, the executive committee, or a trust committee of directors or trustees and/or Responsible Officers of the Trustee in good faith determines that the withholding of such notice is in the interests of the Securityholders Noteholders. Notice to Holders under this Section will be given in the manner and to the extent provided in Section 313(d) of such seriesTIA.
Appears in 1 contract
Sources: Indenture (Abn Amro Bank Nv)
Trustee to Give Notice of Default, But May Withhold in Certain Circumstances. The Trustee shall give transmit to the Securityholders of any series, as the names and addresses of such Holders appear on the registry books, notice by mail of all defaults known to the Trustee which have occurred with respect to such series, such notice to be transmitted within 90 days after the occurrence thereof, unless such defaults shall have been cured before the giving of such notice (the term “"default” " or “"defaults” " for the purposes of this section Section being hereby defined to mean any event or condition which is, or with notice or lapse of time or both would become, an Event of Default); provided that, except in the case of default in the payment of the principal of or interest on any of the Securities of such series, or in the payment of any sinking or purchase fund installment with respect to the Securities of such series, the Trustee shall be protected in withholding such notice if and so long as the board of directors, the executive committee, or a trust committee of directors or trustees and/or or Responsible Officers of the Trustee in good faith determines that the withholding of such notice is in the interests of the Securityholders of such such, series.
Appears in 1 contract
Sources: Indenture (General Mills Inc)
Trustee to Give Notice of Default, But May Withhold in Certain Circumstances. The Trustee shall give to the Securityholders of any series, as the names and addresses of such Holders appear on the registry books, notice by mail of all defaults known to the Trustee which have occurred with respect to such series, such notice to be transmitted within 90 days after the occurrence thereof, unless such defaults shall have been cured before the giving of such notice (the term “"default” " or “"defaults” " for the purposes of this section Section being hereby defined to mean any event or condition which is, or with notice or lapse of time or both would become, an Event of Default); provided PROVIDED that, except in the case of default in the payment of the principal of or interest on any of the Securities of such series, or in the payment of any sinking or purchase fund installment with respect to the Securities of such series, the Trustee shall be protected in withholding such notice if and so long as the board of directors, the executive committee, committee or a trust committee of directors or trustees and/or Responsible Officers of the Trustee in good faith determines that the withholding of such notice is in the interests of the Securityholders of such series.
Appears in 1 contract
Sources: Indenture (Crane Co /De/)