Common use of Trustee to Give Notice of Defaults Clause in Contracts

Trustee to Give Notice of Defaults. Known to It, But May ------------------------------------------------------- Withhold In Certain Circumstances. The Trustee shall, within 90 days after the --------------------------------- occurrence of any default hereunder with respect to the Securities of any series, give to the holders of the Securities of such series in the manner and to the extent provided in subsection (c) of SECTION 5.04 with respect to reports pursuant to subsection (a) of said SECTION 5.04, notice of such default actually known to the Trustee unless such default shall have been cured, remedied or waived before the giving of such notice (the term "default" for the purposes of this Section being hereby defined to be the events specified in clauses (c), (d) and (e) of SECTION 6.01 and default in the payment of the principal of or interest on Securities of any series, not including any periods of grace provided for therein, and irrespective of the giving of written notice specified in any such terms, and irrespective of the delivery of any Officers' Certificate provided for in any such terms); provided, however, 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 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 and/or Responsible Officers of the Trustee in good faith determines that the withholding of such notice is in the interest of the holders of the Securities of such series.

Trustee to Give Notice of Defaults. Known to To It, But May ------------------------------------------------------- Withhold In in Certain Circumstances. The Trustee shall, within 90 days after the --------------------------------- occurrence of any a default hereunder with respect to the Securities of any a particular series, give transmit by mail, first class postage prepaid, to the holders of Debentures of that series, as their names and addresses appear upon the Securities Debenture Register, notice of such series in the manner and to the extent provided in subsection (c) of SECTION 5.04 all defaults with respect to reports pursuant to subsection (a) of said SECTION 5.04, notice of such default actually that series known to the Trustee Trustee, unless such default defaults shall have been cured, remedied or waived cured before the giving of such notice (the term "defaultdefaults" for the purposes of this Section being hereby defined to be the events specified in clauses subsections (c1), (d2), (3), (4) and (e5) of SECTION 6.01 and default in the payment of the principal of or interest on Securities of any seriesSection 6.01(a), not including any periods of grace provided for therein, therein and irrespective of the giving of written notice specified in any such terms, and irrespective of the delivery of any Officers' Certificate provided for in any such termsby subsection (3) of Section 6.01(a)); provided, however, that, except in the case of default in the payment of the principal of (or premium, if any) or interest on any of the Securities Debentures of such that series or in the payment of any sinking fund installment established with respect to that series, the Trustee shall be protected in withholding such notice if and so long as the Board board of Directorsdirectors, the Executive Committeeexecutive committee, or a Trust Committee trust committee of directors and/or Responsible Officers Officers, of the Trustee in good faith determines determine that the withholding of such notice is in the interest interests of the holders of Debentures of that series; provided further, that in the Securities case of any default of the character specified in Section 6.01(a)(3) with respect to Debentures of such seriesseries no such notice to the holders of the Debentures of that series shall be given until at least 30 days after the occurrence thereof. The Trustee shall not be deemed to have knowledge of any default, except (i) a default under subsection (a)(1) or (a)(2) of Section 6.01 as long as the Trustee is acting as paying agent for such series of Debentures or (ii) any default as to which the Trustee shall have received written notice or a Responsible Officer charged with the administration of this Indenture shall have obtained written notice.

Trustee to Give Notice of Defaults. Known to To It, But May ------------------------------------------------------- Withhold In in Certain Circumstances. The Trustee shall, within 90 days after the --------------------------------- occurrence of any a default hereunder with respect to the Securities of any a particular series, give transmit by mail, first class postage prepaid, to the holders of Debentures of that series, as their names and addresses appear upon the Securities Debenture Register, notice of such series in the manner and to the extent provided in subsection (c) of SECTION 5.04 all defaults with respect to reports pursuant to subsection (a) of said SECTION 5.04, notice of such default actually that series known to the Trustee Trustee, unless such default defaults shall have been cured, remedied or waived cured before the giving of such notice (the term "defaultdefaults" for the purposes of this Section being hereby defined to be the events specified in clauses subsections (c1), (d2), (3), (4) and (e5) of SECTION 6.01 and default in the payment of the principal of or interest on Securities of any seriesSection 6.01(a), not including any periods of grace provided for therein, therein and irrespective of the giving of written notice specified in any such terms, and irrespective of the delivery of any Officers' Certificate provided for in any such termsby subsection (3) of Section 6.01(a)); provided, however, that, except in the case of default in the payment of the principal of (or premium, if any) or interest on any of the Securities Debentures of such that series or in the payment of any sinking fund installment established with respect to that series, the Trustee shall be protected in withholding such notice if and so long as the Board board of Directorsdirectors, the Executive Committeeexecutive committee, or a Trust Committee trust committee of directors and/or Responsible Officers Officers, of the Trustee in good faith determines determine that the withholding of such notice is in the interest interests of the holders of Debentures of that series; provided further, that in the Securities case of any default of the character specified in Section 6.01(a)(3) with respect to Debentures of such seriesseries no such notice to the holders of the Debentures of that series shall be given until at least 30 days after the occurrence thereof. The Trustee shall not be deemed to have knowledge of any default, except (i) a default under subsection (a)(1) or (a)(2) of Section 6.01 as long as the Trustee is acting as paying agent for such series of Debentures or (ii) any default as to which a Responsible Officer of the Trustee shall have received written notice.

Trustee to Give Notice of Defaults. Known to It, But but May ------------------------------------------------------- Withhold In in Certain Circumstances. The Trustee shall, within 90 days after the --------------------------------- occurrence of any default hereunder with respect to the Securities of any series, give to the holders of the Securities of such series in the manner and to the extent provided in subsection (c) of SECTION Section 5.04 with respect to reports pursuant to subsection (a) of said SECTION Section 5.04, notice of such default actually known to the Trustee unless such default shall have been cured, remedied or waived before the giving of such notice (the term "default" for the purposes of this Section being hereby defined to be the events specified in clauses (c), (d) and (e) of SECTION 6.01 and Section 6.01, default in the payment of the principal of or interest on Securities of any series, and any additional events specified in the terms of any series of Securities pursuant to Section 2.01, not including any periods of grace provided for therein, and irrespective of the giving of written notice specified in any such terms, and irrespective of the delivery of any Officers' Certificate provided for in any such terms); provided, however, 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 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 and/or Responsible Officers of the Trustee in good faith determines that the withholding of such notice is in the interest of the holders of the Securities of such series.

Trustee to Give Notice of Defaults. Known to To It, But May ------------------------------------------------------- Withhold In in Certain Circumstances. The Trustee shall, within 90 days after the --------------------------------- occurrence of any a default hereunder with respect to the Securities of any a particular series, give transmit by mail, first class postage prepaid, to the holders of Debentures of that series, as their names and addresses appear upon the Securities Debenture Register, notice of such series in the manner and to the extent provided in subsection (c) of SECTION 5.04 all defaults with respect to reports pursuant to subsection (a) of said SECTION 5.04, notice of such default actually that series known to the Trustee Trustee, unless such default defaults shall have been cured, remedied or waived before the giving of such notice (the term "defaultdefaults" for the purposes of this Section being hereby defined to be the events specified in clauses subsections (c1), (d2), (3), (4) and (e5) of SECTION 6.01 and default in the payment of the principal of or interest on Securities of any seriesSection 6.01(a), not including any periods of grace provided for therein, therein and irrespective of the giving of written notice specified in any such terms, and irrespective of the delivery of any Officers' Certificate provided for in any such termsby subsection (3) of Section 6.01(a)); provided, however, that, except in the case of default in the payment of the principal of (or premium, if any) or interest on any of the Securities Debentures of such that series or in the payment of any sinking fund installment established with respect to that series, the Trustee shall be protected in withholding such notice if and so long as the Board board of Directorsdirectors, the Executive Committeeexecutive committee, or a Trust Committee trust committee of directors and/or Responsible Officers of the Trustee in good faith determines determine that the withholding of such notice is in the interest interests of the holders of Debentures of that series; provided further, that in the Securities case of any default of the character specified in Section 6.01(a)(3) with respect to Debentures of such seriesseries no such notice to the holders of the Debentures of that series shall be given until at least 30 days after the occurrence thereof. The Trustee shall not be deemed to have knowledge of any default except (i) a default under subsection (a)(l) or (a)(2) of Section 6.01 as long as the Trustee is acting as paying agent for such series of Debentures or (ii) any default as to which the Trustee shall have received written notice or a Responsible Officer charged with the administration of this Indenture shall have obtained written notice.

Trustee to Give Notice of Defaults. Known to It, But but May ------------------------------------------------------- Withhold In Such Notice in Certain Circumstances. The Trustee shall, within 90 ---------------------------------------------- days after the --------------------------------- occurrence of any default hereunder a Default known to it with respect to the a series of Debt Securities of any seriesor Coupons, if any, give to the holders of the Securities of such series Holders thereof, in the manner and to the extent provided in subsection (c) Section 12.03, notice of SECTION 5.04 all Defaults with respect to reports pursuant to subsection (a) of said SECTION 5.04, notice of such default actually series known to the Trustee Trustee, unless such default Defaults shall have been cured, remedied cured or waived before the giving of such notice (the term "default" for the purposes of this Section being hereby defined to be the events specified in clauses (c), (d) and (e) of SECTION 6.01 and default in the payment of the principal of or interest on Securities of any series, not including any periods of grace provided for therein, and irrespective of the giving of written notice specified in any such terms, and irrespective of the delivery of any Officers' Certificate provided for in any such terms)notice; provided, however, that, except in the case of default Default -------- in the payment of the principal of of, or premium, if any, or interest on on, any of the Debt Securities or Coupons of such series or in the making of any sinking fund payment 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 board of Directorsdirectors, the Executive Committee, executive committee or a Trust Committee committee of directors and/or Responsible Officers or responsible officers of the Trustee in good faith determines determine that the withholding of such notice is in the interest interests of the holders Holders thereof and provided further that, in the case of the any Default as described in Section 6.01(d) with respect to Debt Securities of such series, no such notice to Holders of Debt securities of such series shall be given until the 90th day after the date of the notice specified in such Section shall have been given. Except with respect to a Default or an Event of Default pursuant to Section 6.01(a), (b) or (c), the Trustee will not be charged with knowledge of any Default or Event of Default unless written notice thereof shall have been given to a responsible officer by the Company or any Holder and such notice references the Debt Securities generally, the Company or this Indenture.

Trustee to Give Notice of Defaults. Known to To It, But May ------------------------------------------------------- Withhold In in Certain Circumstances. The Trustee shall, within 90 days after knowledge of the --------------------------------- occurrence of any a default hereunder with respect to the Securities of any a particular series, give transmit by mail, first class postage prepaid, to the holders of Debentures of that series, as their names and addresses appear upon the Securities Debenture Register, notice of such series in the manner and to the extent provided in subsection (c) of SECTION 5.04 all defaults with respect to reports pursuant to subsection (a) of said SECTION 5.04, notice of such default actually that series known to the Trustee Trustee, unless such default defaults shall have been cured, remedied or waived cured before the giving of such notice (the term "defaultdefaults" for the purposes of this Section being hereby defined to be the events specified in clauses subsections (c1), (d2), (3), (4), (5) and (e6) of SECTION 6.01 and default in the payment of the principal of or interest on Securities of any seriesSection 6.01(a), not including any periods of grace provided for therein, therein and irrespective of the giving of written notice specified in any such terms, and irrespective of the delivery of any Officers' Certificate provided for in any such termsby subsection (3) of Section 6.01(a)); provided, however, provided that, except in the case of default in the payment of the principal of of, any premium or interest on or any Additional Amounts with respect to any of the Securities Debentures of such that series or in the payment of any sinking fund installment established with respect to that series, the Trustee shall be protected in withholding such notice if and so long as the Board board of Directorsdirectors, the Executive Committeeexecutive committee, or a Trust Committee trust committee of directors and/or Responsible Officers Officers, of the Trustee in good faith determines determine that the withholding of such notice is in the interest interests of the holders of Debentures of that series; provided further, that in the Securities case of any default of the character specified in Section 6.01(a)(3) with respect to Debentures of such seriesseries no such notice to the holders of the Debentures of that series shall be given until at least 30 days after the occurrence thereof. The Trustee shall not be deemed to have knowledge of any default, except (i) a default under subsection (a)(1) or (a)(2) of Section 6.01 as long as the Trustee is acting as paying agent for such series of Debentures or (ii) any default as to which a Responsible Officer of the Trustee shall have received written notice.

Trustee to Give Notice of Defaults. Known to Itit, But but May ------------------------------------------------------- Withhold In in Certain Circumstances. The Trustee shall, within 90 days after the --------------------------------- occurrence of any default hereunder with respect to the Securities of any series, give to the holders of the Securities of such series in the manner and to the extent provided in subsection (c) of SECTION Section 5.04 with respect to reports pursuant to subsection (a) of said SECTION Section 5.04, notice of such default actually known to the Trustee unless such default shall have been cured, remedied or waived before the giving of such notice (the term "default" for the purposes of this Section being hereby defined to be the events specified in clauses (c), (d), (e) and (ef) of SECTION Section 6.01 and default in the payment of the principal of or interest on Securities of any series, not including any periods of grace provided for therein, and irrespective of the giving of written notice specified in any such terms, and irrespective of the delivery of any Officers' Certificate provided for in any such terms); terms); provided, however, 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 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 and/or Responsible Officers of the Trustee in good faith determines that the withholding of such notice is in the interest of the holders of the Securities of such series.

Trustee to Give Notice of Defaults. Known to It, But but May ------------------------------------------------------- Withhold In Such Notice in Certain Circumstances. The Trustee shall, within 90 --------------------------------------------- days after the --------------------------------- occurrence of any default hereunder a Default known to it with respect to the a series of Debt Securities of any seriesor Coupons, if any, give to the holders of the Securities of such series Holders thereof, in the manner and to the extent provided in subsection (c) Section 13.03, notice of SECTION 5.04 all Defaults with respect to reports pursuant to subsection (a) of said SECTION 5.04, notice of such default actually series known to the Trustee Trustee, unless such default Defaults shall have been cured, remedied cured or waived before the giving of such notice (the term "default" for the purposes of this Section being hereby defined to be the events specified in clauses (c), (d) and (e) of SECTION 6.01 and default in the payment of the principal of or interest on Securities of any series, not including any periods of grace provided for therein, and irrespective of the giving of written notice specified in any such terms, and irrespective of the delivery of any Officers' Certificate provided for in any such terms)notice; provided, however, that, except in the case of default Default in the payment of the principal of of, or premium, if any, or interest on on, any of the Debt Securities or Coupons of such series or in the making of any sinking fund payment 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 board of Directorsdirectors, the Executive Committee, executive committee or a Trust Committee committee of directors and/or Responsible Officers or responsible officers of the Trustee in good faith determines determine that the withholding of such notice is in the interest interests of the holders Holders thereof and provided further that, in the case of the any Default as described in Section 6.01(d) with respect to Debt Securities of such series, no such notice to Holders of Debt securities of such series shall be given until the 90th day after the date of the notice specified in such Section shall have been given. Except with respect to a Default or an Event of Default pursuant to Section 6.01(a), (b) or (c), the Trustee will not be charged with knowledge of any Default or Event of Default unless written notice thereof shall have been given to a responsible officer by the Company or any Holder and such notice references the Debt Securities generally, the Company or this Indenture.

Trustee to Give Notice of Defaults. Known to Itit, But but May ------------------------------------------------------- Withhold In in Certain Circumstances. The Trustee shall, within 90 days after the --------------------------------- occurrence of any default hereunder with respect to the Securities of any series, give to the holders of the Securities of such series in the manner and to the extent provided in subsection (c) of SECTION Section 5.04 with respect to reports pursuant to subsection (a) of said SECTION Section 5.04, notice of such default actually known to the Trustee unless such default shall have been cured, remedied or waived before the giving of such notice (the term "default" for the purposes of this Section being hereby defined to be the events specified in clauses (c), (d), (e) and (ef) of SECTION Section 6.01 and default in the payment of the principal of or interest on Securities of any series, not including any periods of grace provided for therein, and irrespective of the giving of written notice specified in any such terms, and irrespective of the delivery of any Officers' Certificate provided for in any such terms); provided, however, 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 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 and/or Responsible Officers of the Trustee in good faith determines that the withholding of such notice is in the interest of the holders of the Securities of such series.

Trustee to Give Notice of Defaults. Known to Itit, But but May ------------------------------------------------------- Withhold In in Certain Circumstances. The Trustee shall, within 90 days after the --------------------------------- occurrence of any default hereunder with respect to the Securities of any series, give to the holders of the Securities of such series in the manner and to the extent provided in subsection (c) of SECTION Section 5.04 with respect to reports pursuant to subsection (a) of said SECTION Section 5.04, notice of such default actually known to the Trustee unless such default shall have been cured, remedied or waived before the giving of such notice (the term "“default" ” for the purposes of this Section being hereby defined to be the events specified in clauses (c), (d), (e) and (ef) of SECTION Section 6.01 and default in the payment of the principal of or interest on Securities of any series, not including any periods of grace provided for therein, and irrespective of the giving of written notice specified in any such terms, and irrespective of the delivery of any Officers' ’ Certificate provided for in any such terms); provided, however, 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 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 and/or Responsible Officers of the Trustee in good faith determines that the withholding of such notice is in the interest of the holders of the Securities of such series.

Trustee to Give Notice of Defaults. Known to It, But but May ------------------------------------------------------- Withhold In in Certain Circumstances. The U.S. Trustee shall, within 90 days after the --------------------------------- occurrence of any default or Event of Default of which a Responsible Officer has received written notice (except with respect to a default in the payment of principal or interest on any Securities, whereby the U.S. Trustee gives notice upon its actual knowledge of such default) hereunder with respect to the Securities of any series, give to the holders of the Securities of such series in the manner and to the extent provided in subsection (c) of SECTION 5.04 Section 5.4 with respect to reports pursuant to subsection (a) of said SECTION 5.04Section 5.4, notice of such default actually known to of which a Responsible Officer of the U.S. Trustee has received written notice, unless such default shall have been cured, remedied or waived before the giving of such notice (the term "“default" ” for the purposes of this Section being hereby defined means any event which is, or after notice or lapse of time or both would become, an Event of Default with respect to be the events specified in clauses (c), (d) and (e) of SECTION 6.01 and default in the payment of the principal of or interest on Securities of any such series, not including any periods of grace provided for therein, and irrespective of the giving of written notice specified in any such terms, and irrespective of the delivery of any Officers' Certificate provided for in any such terms); provided, however, that, except in the case of a default in the payment of the principal of or interest on any Security of such series or in the Securities payment of any sinking fund installment with respect to any Security of such series, the U.S. Trustee shall be protected in withholding such notice if and so long as the Board of Directors, the Executive Committee, or a Trust Committee committee of directors and/or or Responsible Officers of the U.S. Trustee in good faith determines determine that the withholding of such notice is in the interest of the holders Holders of the Securities of such series; and provided, further, that, in the case of any default of the character specified in Section 6.1(c), no such notice to Holders shall be given until at least 90 days after the occurrence thereof.

Trustee to Give Notice of Defaults. Known to ItKNOWN TO IT, But May ------------------------------------------------------- Withhold In Certain CircumstancesBUT MAY WITHHOLD IN CERTAIN CIRCUMSTANCES. The Trustee shall, within 90 days after the --------------------------------- occurrence of any default hereunder with respect to the Securities of any series, give to the holders of the Securities of such series in the manner and to the extent provided in subsection (c) of SECTION Section 5.04 with respect to reports pursuant to subsection (a) of said SECTION Section 5.04, notice of such default actually known to the Trustee unless such default shall have been cured, remedied or waived before the giving of such notice (the term "default" for the purposes of this Section being hereby defined to be the events specified in clauses (c), (d), (e) and (ef) of SECTION Section 6.01 and default in the payment of the principal of or interest on Securities of any series, not including any periods of grace provided for therein, and irrespective of the giving of written notice specified in any such terms, and irrespective of the delivery of any Officers' Certificate provided for in any such terms); provided, however, 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 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 and/or Responsible Officers of the Trustee in good faith determines that the withholding of such notice is in the interest of the holders of the Securities of such series.

Trustee to Give Notice of Defaults. Known to Itit, But but May ------------------------------------------------------- Withhold In in Certain Circumstances. The Trustee shall, within 90 days after the --------------------------------- occurrence of any a default hereunder with respect to the Subordinated Securities of any series, give notice of all defaults with respect to that series known to the holders Trustee (i) if any Unregistered Subordinated Securities of that series are then Outstanding, to the Holders thereof, by publication at least once in an Authorized Newspaper in the Borough of Manhattan, The City of New York and at least once in an Authorized Newspaper in London (and, if required by Section 4.09, at least once in an Authorized Newspaper in Luxembourg) and (ii) to all Holders of Subordinated Securities of such series in the manner and to the extent provided in subsection (cSection 313(c) of SECTION 5.04 with respect to reports pursuant to subsection (a) of said SECTION 5.04the Trust Indenture Act, notice of unless in each case such default actually known to the Trustee unless such default defaults shall have been cured, remedied or waived cured before the giving mailing or publication of such notice (the term "default" for the purposes purpose of this Section being hereby defined to be the events specified in clauses (c)mean any event or condition which is, (d) and (e) or with notice or lapse of SECTION 6.01 and default in the payment time or both would become, an Event of the principal of or interest on Securities of any series, not including any periods of grace provided for therein, and irrespective of the giving of written notice specified in any such terms, and irrespective of the delivery of any Officers' Certificate provided for in any such termsDefault); provided, however, that, except in the case of default in the payment of the principal of or interest on any of the Subordinated Securities of such series, or in the payment of any sinking fund installment on such series, the Trustee shall be protected in withholding such notice if and so long as the Board board of Directorsdirectors, the Executive Committeeexecutive committee, or a Trust Committee 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 interest interests of the holders of the Securities Subordinated Securityholders of such series.