Common use of Event of Default; Notice Clause in Contracts

Event of Default; Notice. (a) The Trustee shall, within 90 days after the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the Holders, notices of all Events of Default known to the Trustee, unless such defaults have been cured before the giving of such notice, provided that 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 interests of the Holders.

Appears in 76 contracts

Samples: Guarantee Agreement (Gulf Power Co), Guarantee Agreement (Georgia Power Capital Trust Vi), Guarantee Agreement (Georgia Power Capital Trust Vi)

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Event of Default; Notice. (a) The Capital Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the Holders, notices of all Events of Default actually known to a Responsible Officer of the Capital Guarantee Trustee, unless such defaults have been cured before the giving of such notice; provided, provided that the Capital Guarantee 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 Officer of the Capital Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders.

Appears in 31 contracts

Samples: Capital Securities Guarantee Agreement (Citigroup Capital XXII), Capital Securities Guarantee Agreement (Citigroup Capital XIX), Securities Guarantee Agreement (Citigroup Inc)

Event of Default; Notice. (a) The Guarantee Trustee shall, within 90 days after the occurrence of an Event of DefaultDefault actually known to a Responsible Officer, transmit by mail, first class postage prepaid, to the all Holders, notices notice of all Events such Event of Default known to the TrusteeDefault, unless such defaults have Event of Default has been cured before the giving of such notice, ; provided that except for a default in the payment of any Guarantee Payment, the Guarantee 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 Officer in good faith determines that the withholding of such notice is in the interests of the Holders.

Appears in 19 contracts

Samples: Guarantee Agreement (New York Community Bancorp Inc), Guarantee Agreement (New York Community Capital Trust I), Guarantee Agreement (New York Community Capital Trust I)

Event of Default; Notice. (a) The Preferred Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the Holders, notices of all Events of Default actually known to a Responsible Officer of the Preferred Guarantee Trustee, unless such defaults have been cured before the giving of such notice, provided that provided, that, the Preferred Guarantee 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 Officer in good faith determines that the withholding of such notice is in the interests of the HoldersHolders of the Preferred Securities.

Appears in 14 contracts

Samples: Preferred Securities Guarantee Agreement (Municipal Mortgage & Equity LLC), Preferred Securities Guarantee Agreement (Fleetboston Financial Corp), Preferred Securities Guarantee Agreement (Fleet Financial Group Inc)

Event of Default; Notice. (a) The Trustee shall, within 90 days after the occurrence of an Event of DefaultDefault actually known to the Trustee, transmit by mail, first class postage prepaid, to the Holders, notices of all such Events of Default known to the TrusteeDefault, unless such defaults have been cured before the giving of such notice, provided that 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 interests of the Holders.

Appears in 12 contracts

Samples: Guarantee Agreement (DRH Regrem Xii Lp), Guarantee Agreement (Semco Energy Inc), Guarantee Agreement (HPH Homebuilders 2000 Lp)

Event of Default; Notice. (a) The Preferred Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the Holders, notices of all Events of Default actually known to a Responsible Officer of the Preferred Guarantee Trustee, unless such defaults have been cured before the giving of such notice, provided that provided, that, the Preferred Guarantee 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 Officer of the Preferred Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders.

Appears in 7 contracts

Samples: Preferred Securities Guarantee Agreement (SSBH Capital Iv), Preferred Securities Guarantee Agreement (SSBH Capital Iv), Preferred Securities Guarantee Agreement (Kennametal Financing I)

Event of Default; Notice. (a) The Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the Holders, notices of all Events of Default actually known to a Responsible Officer of the Guarantee Trustee, unless such defaults have been cured before the giving of such notice; provided, provided that the Guarantee 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 Officer of the Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders.

Appears in 5 contracts

Samples: Preferred Securities Guarantee Agreement (Ally Financial Inc.), Securities Purchase and Exchange Agreement, Preferred Securities Guarantee Agreement (Ally Financial Inc.)

Event of Default; Notice. (a) The Trustee shall, within 90 days after the occurrence of an Event of Default, transmit by mail, first first-class postage prepaid, to the Holders, notices of all Events of Default known to the Trustee, unless such defaults have been cured before the giving of such notice, provided that 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 interests of the Holders.

Appears in 4 contracts

Samples: Guarantee Agreement (Duke Capital Financing Trust Vi), Guarantee Agreement (Defs Capital Trust I), Guarantee Agreement (Duke Capital Financing Trust Vi)

Event of Default; Notice. (a) The Trustee shall, within 90 days after the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the Holders, notices of all Events of Default known to a Responsible Officer of the Trustee, unless such defaults have been cured before the giving of such notice, provided that 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 interests of the Holders.

Appears in 4 contracts

Samples: Preferred Securities Guarantee Agreement, Preferred Securities Guarantee Agreement (Peco Energy Co), Preferred Securities Guarantee Agreement (Commonwealth Edison Co)

Event of Default; Notice. (a) The Trustee shall, within 90 days after the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the Holders, notices of all Events of Default actually known to the Trustee, unless such defaults have been cured before the giving of such notice, provided that 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 interests of the Holders.

Appears in 4 contracts

Samples: Guarantee Agreement (Southwestern Electric Power Co), Guarantee Agreement (Southwestern Electric Power Co), Guarantee Agreement (Avista Corp)

Event of Default; Notice. (a) The Trustee shall, within 90 days after the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the Holders, notices of all Events of Default known to the Trustee, unless such defaults have been cured before the giving of such notice, provided that 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 and/or Responsible Officers of the Trustee in good faith determines that the withholding of such notice is in the interests of the Holders.

Appears in 3 contracts

Samples: Preferred Securities Guarantee Agreement (Southern Co), Guarantee Agreement (Sei Trust I), Guarantee Agreement (Southern Energy Inc)

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Event of Default; Notice. (a) The Trustee shall, within 90 days after the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the Holders, notices of all Events of Default actually known to a Responsible Officer of the Trustee, unless such defaults have been cured before the giving of such notice, provided that 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 interests of the Holders.

Appears in 2 contracts

Samples: Preferred Securities Guarantee Agreement (Exelon Corp), Preferred Securities Guarantee Agreement (Exelon Corp)

Event of Default; Notice. (a) The Trustee shall, within 90 days after the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the HoldersHolders of the Preferred Securities, notices of all Events of Default known to the Trustee, unless such defaults have been cured before the giving of such notice, provided that 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 interests of the HoldersHolders of the Preferred Securities.

Appears in 1 contract

Samples: Guarantee Agreement (Rouse Company)

Event of Default; Notice. (a) The Trustee shall, within 90 days after the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the HoldersHolders of the Preferred Securities, notices of all Events of Default known to the Trustee, unless such defaults have been cured before the giving of such notice, provided that 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 interests of the HoldersHolders of the Preferred Securities.

Appears in 1 contract

Samples: Guarantee Agreement (Southwestern Public Service Co)

Event of Default; Notice. (a) The Guarantee Trustee shall, within 90 days after the occurrence of an Event of DefaultDefault actually known to a Responsible Officer of the Guarantee Trustee, transmit by mail, first class postage prepaid, to the Holders, notices of all such Events of Default known to the Trustee, unless such defaults have been cured before the giving of such notice, provided PROVIDED that the Guarantee 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 Officer of the Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders.

Appears in 1 contract

Samples: Guarantee Agreement (Unionbancal Corp)

Event of Default; Notice. (a) The Trustee shall, within 90 days after the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the Holders, notices of all Events of Default known to the Trustee, unless such defaults have been cured or waived before the giving of such notice, provided that 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 interests of the Holders.

Appears in 1 contract

Samples: Guarantee Agreement (Cleveland Electric Financing Trust I)

Event of Default; Notice. (a) The Manager Trustee shall, within 90 days after the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the HoldersPreferred Securityholders, notices of all Events of Default actually known to a Responsible Officer of the Manager Trustee, unless such defaults have been cured before the giving of such notice, provided that provided, that, the Manager 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 Officer of the Manager Trustee in good faith determines that the withholding of such notice is in the interests of the HoldersPreferred Securityholders.

Appears in 1 contract

Samples: Abn Amro Bank Nv

Event of Default; Notice. (a) The Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the Holders, notices of all Events of Default actually known to a Responsible Officer of the Guarantee Trustee, unless such defaults have been cured before the giving of such notice, provided that provided, that, the Guarantee 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 Officer of the Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders.

Appears in 1 contract

Samples: Guarantee Agreement (Usx Capital Trust I)

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