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 of the Capital Securities, 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, that, the Capital Guarantee Trustee shall be protected in withholding such notice if and so long as a Responsible Officer of the Capital Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders of the Capital Securities.
Appears in 10 contracts
Samples: Capital Securities Guarantee Agreement (Community First Bankshares Inc), Capital Securities Guarantee Agreement (Community First Bankshares Inc), Guarantee Agreement (Community First Bankshares Inc)
Event of Default; Notice. (a) The Capital TARGETS Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the Holders of the Capital SecuritiesHolders, notices of all Events of Default actually known to a Responsible Officer of the Capital TARGETS Guarantee Trustee, unless such defaults have been cured before the giving of such notice, provided, that, ; provided that the Capital TARGETS Guarantee Trustee shall be protected in withholding such notice if and so long as a Responsible Officer of the Capital TARGETS Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders of the Capital SecuritiesHolders.
Appears in 10 contracts
Samples: Guarantee Agreement (Citigroup Inc), Guarantee Agreement (Citigroup Inc), Guarantee Agreement (Citigroup Inc)
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 Holders, a notice of the Capital Securities, notices of all Events such Event of Default actually known to a Responsible Officer of the Capital Guarantee Trustee, unless such defaults default shall have been cured or waived before the giving of such notice, provided, that, 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 or Responsible Officer Officers of the Capital Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders of the Capital SecuritiesHolders.
Appears in 9 contracts
Samples: Guarantee Agreement (Allete Capital Iii), Guarantee Agreement (Txu Capital Iv), Guarantee Agreement (Texas Utilities Co /Tx/)
Event of Default; Notice. (a) The Capital 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 of the Capital SecuritiesHolders, notices of all Events of Default actually known to a Responsible Officer of the Capital Preferred Guarantee Trustee, unless such defaults have been cured before the giving of such notice, ; provided, that, the Capital Preferred Guarantee Trustee shall be protected in withholding such notice if and so long as a Responsible Officer of the Capital Preferred Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders of the Capital SecuritiesHolders.
Appears in 9 contracts
Samples: Preferred Securities Guarantee Agreement (Hartford Life Capital V), Preferred Securities Guarantee Agreement (Hartford Life Inc), Preferred Securities Guarantee Agreement (St Paul Companies Inc /Mn/)
Event of Default; Notice. (a) The Capital Securities Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the Holders of the Capital Securities, notices of all Events of Default actually known to a Responsible Officer of the Capital Securities Guarantee Trustee, unless such defaults have been cured before the giving of such notice, provided, that, provided that the Capital Securities Guarantee Trustee shall be protected in withholding such notice if and so long as a Responsible Officer of the Capital Securities Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders of the Capital SecuritiesHolders.
Appears in 8 contracts
Samples: Securities Guarantee Agreement (BAC Capital Trust XX), Securities Guarantee Agreement (Bank of America Corp /De/), Capital Securities Guarantee Agreement (Bank of America Corp /De/)
Event of Default; Notice. (a) The Capital Investment Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the Holders of the Capital SecuritiesAffiliate Debenture, notices of all Events of Default actually known to a Responsible Officer of the Capital Investment Guarantee Trustee, unless such defaults have been cured before the giving of such notice, provided, that, the Capital Investment Guarantee Trustee shall be protected in withholding such notice if and so long as a Responsible Officer of the Capital Investment Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders of the Capital SecuritiesAffiliate Debenture.
Appears in 7 contracts
Samples: Debenture Guarantee Agreement (Capita Preferred Trust), Debenture Guarantee Agreement (Enron Capital Trust I), Enron Capital Trust I
Event of Default; Notice. (a) The Capital Common Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the Holders of the Capital Common Securities, notices of all Events of Default actually known to a Responsible Officer of the Capital Common Guarantee Trustee, unless such defaults have been cured before the giving of such notice, provided, that, the Capital Common Guarantee Trustee shall be protected in withholding such notice if and so long as a Responsible Officer of the Capital Common Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders of the Capital Common Securities.
Appears in 5 contracts
Samples: Common Securities Guarantee Agreement (Protective Life Corp), Common Securities Guarantee Agreement (Protective Life Corp), Common Securities Guarantee Agreement (Protective Life Corp)
Event of Default; Notice. (a) The Capital Securities Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the Holders of the Capital Securities, notices of all Events of Default actually known to a Responsible Officer of the Capital Securities Guarantee Trustee, unless such defaults have been cured before the giving of such notice, provided, that, the Capital Securities Guarantee Trustee shall be protected in withholding such notice if and so long as a Responsible Officer of the Capital Securities Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders of the Capital SecuritiesHolders.
Appears in 5 contracts
Samples: Securities Guarantee Agreement (Bank of America Corp /De/), Securities Guarantee Agreement (Bac Capital Trust Xii), Capital Securities Guarantee Agreement (Bank of America Corp /De/)
Event of Default; Notice. (a) The Capital Securities Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the Holders of the Capital Securities, notices of all Events of Default actually known to a Responsible Officer of the Capital Securities Guarantee Trustee, unless such defaults have been cured before the giving of such notice, provided, that, the Capital Securities Guarantee Trustee shall be protected in withholding such notice if and so long as a Responsible Officer of the Capital Securities Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders of the Capital Securities.
Appears in 4 contracts
Samples: Securities Guarantee Agreement (Bank of America Corp /De/), Securities Guarantee Agreement (Nb Capital Trust V), Capital Securities Guarantee Agreement (Bank of America Corp /De/)
Event of Default; Notice. (a) The Capital Investment Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the Holders of the Capital SecuritiesAffiliate Debenture, notices of all Events of Default actually known to a Responsible Officer of the Capital Investment Guarantee Trustee, unless such defaults have been cured before the giving of such notice, provided, that, except in the Capital case of default of any Guaranty Payment, the Investment Guarantee Trustee shall be protected in withholding such notice if and so long as a Responsible Officer of the Capital Investment Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders of the Capital SecuritiesAffiliate Debenture.
Appears in 4 contracts
Samples: Debenture Guarantee Agreement (Merrill Lynch Preferred Funding Vi L P), Affiliate Debenture Guarantee Agreement (Merrill Lynch Preferred Capital Trust Iv), Affiliate Debenture Guarantee Agreement (Merrill Lynch Preferred Capital Trust Ii)
Event of Default; Notice. (a) The Capital Securities Guarantee Trustee shall, within 90 days after a Responsible Officer of the Capital Securities Guarantee Trustee obtains actual knowledge of the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the Holders of the Capital SecuritiesHolders, notices of all such Events of Default actually known to a such Responsible Officer of the Capital Securities Guarantee Trustee, unless such defaults have been cured before the giving of such notice, provided, that, the Capital Securities Guarantee Trustee shall be protected in withholding such notice if and so long as a Responsible Officer of the Capital Securities Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders of the Capital SecuritiesHolders.
Appears in 4 contracts
Samples: Agreement (Metlife Capital Trust I), Securities Guarantee Agreement (Metlife Capital Trust I), Capital Securities Guarantee Agreement (Cox Trust Ii)
Event of Default; Notice. (a) The Capital 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 of the Capital SecuritiesHolders, notices of all Events of Default actually known to a Responsible Officer of the Capital Preferred Guarantee Trustee, unless such defaults have been cured before the giving of such notice, provided, that, the Capital Preferred Guarantee Trustee shall be protected in withholding such notice if and so long as or a Responsible Officer of the Capital Preferred Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders of the Capital SecuritiesHolders.
Appears in 4 contracts
Samples: Securities Guarantee Agreement (Axis Capital Holdings LTD), Preferred Securities Guarantee Agreement (Max USA Holdings Ltd.), Preferred Securities Guarantee Agreement (Quanta Capital Holdings LTD)
Event of Default; Notice. (a) The Capital Securities Guarantee Trustee shall, within 90 days after the occurrence of an Event of DefaultDefault hereunder, transmit by mail, first class postage prepaid, to the Holders of the Capital Securitiesall Holders, notices of all Events of Default actually known to a Responsible Officer of the Capital Guarantee TrusteeOfficer, unless such defaults have been cured before the giving of such notice, provided, that, except in the case of default in the payment of any Guarantee Payment, the Capital Securities Guarantee Trustee shall be protected in withholding such notice if and so long as a Responsible Officer of the Capital Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders of the Capital SecuritiesHolders.
Appears in 3 contracts
Samples: Guarantee Agreement (Webster Capital Trust Ii), Securities Guarantee Agreement (Eagle Financial Corp), Guarantee Agreement (Webster Capital Trust Ii)
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 of the Capital Securities, 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, that, ; provided that the Capital Guarantee Trustee shall be protected in withholding such notice if and so long as a Responsible Officer of the Capital Guarantee Trustee determines in good faith determines that the withholding of such notice is in the interests of the Holders of the Capital Securities.
Appears in 3 contracts
Samples: Guarantee Agreement (Nipsco Capital Trust I), Guarantee Agreement (Ucu Capital Trust I), Guarantee Agreement (Ucu Capital Trust I)
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 of the Capital SecuritiesHolders, notices of all Events of Default actually known to a Responsible Officer of the Capital Guarantee Trustee, unless such defaults have been cured or waived 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 or Responsible Officer Officers of the Capital Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders of the Capital SecuritiesHolders.
Appears in 3 contracts
Samples: Guarantee Agreement (Tu Electric Capital V), Guarantee Agreement (Texas Utilities Electric Co), Guarantee Agreement (Texas Utilities Electric Co)
Event of Default; Notice. (a) The Capital Investment Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the Holders of the Capital SecuritiesAffiliate Debenture, notices of all Events of Default actually known to a Responsible Officer of the Capital Investment Guarantee Trustee, unless such defaults have been cured before the giving of such notice, provided, that, except in the Capital case of default of any Guarantee Payment, the Investment Guarantee Trustee shall be protected in withholding such notice if and so long as a Responsible Officer of the Capital Investment Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders of the Capital SecuritiesAffiliate Debenture.
Appears in 3 contracts
Samples: Debenture Guarantee Agreement (BAC Capital Trust XVII), Debenture Guarantee Agreement (BAC Capital Trust XVII), Debenture Guarantee Agreement (BAC Capital Trust XVII)
Event of Default; Notice. (a) The Capital Guarantee Trustee shall, within 90 days five Business Days after the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the Holders of the Capital Securities, 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, that, except in the case of a default by Guarantor on any of its payment obligations, the Capital Guarantee Trustee shall be protected in withholding such notice if and so long as a Responsible Officer of the Capital Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders of the Capital Securities.
Appears in 2 contracts
Samples: Securities Guarantee Agreement (Colorado Business Bankshares Capital Trust I), Heartland Financial Capital Trust I
Event of Default; Notice. (a) The Capital Investment Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the Holders of the Capital SecuritiesAffiliate Debentures, notices of all Events of Default actually known to a Responsible Officer of the Capital Investment Guarantee Trustee, unless such defaults have been cured before the giving of such notice, provided, that, the Capital Investment Guarantee Trustee shall be protected in withholding such notice if and so long as a Responsible Officer of the Capital Investment Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders of the Capital SecuritiesAffiliate Debentures.
Appears in 2 contracts
Samples: Guarantee Agreement (Hawaiian Electric Industries Inc), Hei Preferred Funding L P
Event of Default; Notice. (a) The Capital Trust Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the Holders of the Capital Trust Preferred Securities, notices of all Events of Default actually known to a Responsible Officer of the Capital Trust Guarantee Trustee, unless such defaults have been cured before the giving of such notice, provided, that, ; provided that the Capital Trust Guarantee Trustee shall be protected in withholding such notice if and so long as a Responsible Officer of the Capital Trust Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders of the Capital Trust Preferred Securities.
Appears in 2 contracts
Samples: Trust Guarantee Agreement (Capmark Finance Inc.), Trust Guarantee Agreement (Lehman Brothers Holdings E-Capital Trust I)
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 of the Capital Trust Securities, 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, that, the Capital Guarantee Trustee shall be protected in withholding such notice if and so long as a Responsible Officer of the Capital Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders of the Capital Trust Securities.
Appears in 2 contracts
Samples: Trust Securities Guarantee Agreement (Abn Amro Bank Nv), Trust Securities Guarantee Agreement (Abn Amro Bank Nv)
Event of Default; Notice. (a) The Capital Securities Guarantee Trustee shall, within 90 days after a Responsible Officer of the Capital Securities Guarantee Trustee obtains actual knowledge of the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the Holders of the Capital SecuritiesHolders, notices of all such Events of Default actually known to a such Responsible Officer of the Capital Securities Guarantee Trustee, unless such defaults have been cured before the giving of such notice, provided, that, provided that the Capital Securities Guarantee Trustee shall be protected in withholding such notice if and so long as a Responsible Officer of the Capital Securities Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders of the Capital SecuritiesHolders.
Appears in 2 contracts
Samples: Guarantee Agreement (Prudential Financial Inc), Guarantee Agreement (Prudential Financial Inc)
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 of the Capital Company Securities, 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, that, the Capital Guarantee Trustee shall be protected in withholding such notice if and so long as a Responsible Officer of the Capital Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders of the Capital Company Securities.
Appears in 1 contract
Samples: Guarantee Agreement (Comcast Cable Communications Inc)
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 of the Capital Securities, 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, that, except in the case of a default by Guarantor on any of its payment obligations, the Capital Guarantee Trustee shall be protected in withholding such notice if and so long as a Responsible Officer of the Capital Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders of the Capital Securities.
Appears in 1 contract
Samples: Securities Guarantee Agreement (Quad City Holdings Inc)
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 of the Capital Securities, 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, that, 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 or Responsible Officer Officers of the Capital Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders of the Capital Securities.
Appears in 1 contract
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 of the Capital Trust Preferred Securities, 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, that, the Capital Guarantee Trustee shall be protected in withholding such notice if and so long as a Responsible Officer of the Capital Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders of the Capital Trust Preferred Securities.
Appears in 1 contract
Samples: Trust Preferred Securities Subordinated Guarantee Agreement (Credit Suisse Group)
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 of the Series B Capital Securities, 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, that, the Capital Guarantee Trustee shall be protected in withholding such notice if and so long as a Responsible Officer of the Capital Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders of the Series B Capital Securities.
Appears in 1 contract
Samples: Securities Guarantee Agreement (Interpool Capital Trust)
Event of Default; Notice. (a) The Capital Securities Guarantee Trustee shall, within 90 days after the occurrence of an Event of Defaulta default with respect to this Capital Securities Guarantee, transmit mail by mail, first class postage prepaid, to the Holders of the Capital Securitiesall Holders, notices of all Events of Default defaults actually known to a Responsible Officer of the Capital Guarantee TrusteeOfficer, unless such defaults have been cured before the giving of such notice, provided, that, except in the case of default in the payment of any Guarantee Payment, the Capital Securities Guarantee Trustee shall be protected in withholding such notice if and so long as a Responsible Officer of the Capital Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders of the Capital SecuritiesHolders.
Appears in 1 contract
Samples: Capital Securities Guarantee Agreement (Haven Capital Trust I)
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 of the Capital Securities, 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, 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 or Responsible Officer Officers of the Capital Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders of the Capital Securities.
Appears in 1 contract
Samples: Securities Guarantee Agreement (Bremer Financial Corporation)
Event of Default; Notice. (a) The Capital LLC Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the Holders of the Capital LLC Preferred Securities, notices of all Events of Default actually known to a Responsible Officer of the Capital LLC Guarantee Trustee, unless such defaults have been cured before the giving of such notice, provided, that, ; provided that the Capital LLC Guarantee Trustee shall be protected in withholding such notice if and so long as a Responsible Officer of the Capital LLC Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders of the Capital LLC Preferred Securities.
Appears in 1 contract
Samples: LLC Guarantee Agreement (Lehman Brothers Holdings E-Capital Trust I)
Event of Default; Notice. (a) The Capital Guarantee Trustee shall, within 90 days after a Responsible Officer has knowledge of the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the Holders of the Capital Securities, 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, that, the Capital Guarantee Trustee shall be protected in withholding such notice if and so long as a Responsible Officer of the Capital Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders of the Capital Securities.
Appears in 1 contract
Event of Default; Notice. (a) The Capital Securities Guarantee Trustee shall, within 90 days after the occurrence of an Event of Defaulta default actually known to a Responsible Officer with respect to this Capital Securities Guarantee, transmit mail by mail, first class postage prepaid, to the Holders of the Capital Securitiesall Holders, notices of all Events of Default actually known to a Responsible Officer of the Capital Guarantee Trustee, such defaults unless such defaults have been cured before the giving of such notice, ; provided, that, except in the case of default in the payment of any Guarantee Payment, the Capital Securities Guarantee Trustee shall be protected in withholding such notice if and so long as a Responsible Officer of the Capital Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders of the Capital SecuritiesHolders.
Appears in 1 contract
