Common use of Event of Default; Notice Clause in Contracts

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 of all Preferred Securities, notices of all Events of Default actually known to a Responsible Officer of the Guarantee Trustee, unless such Events of Default have been cured before the giving of such notice, provided, that, except in the case of a default in the payment of a Guarantee Payment, the Guarantee Trustee shall be protected in withholding such notice if and so long as the Board of Directors and/or Responsible Officers of the Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders.

Appears in 8 contracts

Samples: Guarantee Agreement (Regions Financing Trust Ii), Guarantee Agreement (Regions Financing Trust Iii), Guarantee Agreement (Regions Financing Trust Iii)

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Event of Default; Notice. (a) The Guarantee Trustee shall, within 90 days after the occurrence of a default which with notice or the passage of time, or both, could become an Event of Default, transmit by mail, first class postage prepaid, to the Holders of all Preferred SecuritiesHolders, notices of all Events of Default actually such defaults known to a Responsible Officer of the Guarantee Trustee, unless such Events of Default defaults have been cured before the giving of such notice, provided, that, except in the case of a default in the payment of a Guarantee Payment, the Guarantee Trustee shall be protected in withholding such notice if and so long as the Board of Directors Directors, the executive committee or a trust committee of directors and/or Responsible Officers of the Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders.

Appears in 8 contracts

Samples: Guarantee Agreement (Silicon Valley Bancshares), Guarantee Agreement (Bancfirst Corp /Ok/), Guarantee Agreement (Silicon Valley Bancshares)

Event of Default; Notice. (a) The Preferred Securities Guarantee Trustee shall, within 90 days after the occurrence of an Event of DefaultDefault with respect to this Preferred Securities Guarantee actually known to a Responsible Officer, transmit mail by mail, first class postage prepaid, to the Holders of all Preferred SecuritiesHolders, notices of all such Events of Default actually known to a Responsible Officer of the Guarantee TrusteeDefault, unless such Events of Default defaults have been cured before the giving of such notice, provided, that, except in the case of a default in the payment of a any Guarantee Payment, the Preferred Securities Guarantee Trustee shall be protected in withholding such notice if and so long as the Board board of Directors directors, the executive committee, or a trust committee of directors and/or a Responsible Officers of the Guarantee Trustee Officer 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 (Halliburton Capital Trust I), Preferred Securities Guarantee Agreement (Dynegy Capital Trust Iii), Preferred Securities Guarantee Agreement (Dynegy Capital Trust Iii)

Event of Default; Notice. (a) The Guarantee Trustee shall, within 90 10 days after the occurrence of an Event of DefaultDefault known to the Guarantee Trustee, transmit by mail, first class postage prepaid, to the Holders Holders, notice of all Preferred Securities, notices of all Events any such Event of Default actually known to a Responsible Officer of the Guarantee Trustee, unless such Events Event of Default have has been cured before the giving of such notice, provided, provided that, except in the case of a default in the payment of a Guarantee Payment, the Guarantee Trustee shall be protected in withholding such notice if and so long as the Board board of Directors directors, the executive committee or a trust committee of directors and/or Responsible Officers of the Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders.

Appears in 7 contracts

Samples: Guarantee Agreement (Whitney Capital Trust I), Guarantee Agreement (Whitney Capital Trust I), Guarantee Agreement (Whitney Capital Trust I)

Event of Default; Notice. (a) The Guarantee Trustee shall, within 90 days after the occurrence of an Event of DefaultDefault actually known to the Guarantee Trustee, transmit by mail, first class postage prepaid, to the Holders of all Preferred SecuritiesHolders, notices of all such Events of Default actually known to a Responsible Officer of the Guarantee TrusteeDefault, unless such Events of Default defaults have been cured or waived before the giving of such notice, provided, that, except in the case of a default in the payment of a Guarantee Payment, the Guarantee Trustee shall be protected in withholding such notice if and so long as the Board board of Directors directors, the executive committee or a trust committee of directors and/or Responsible Officers of the Guarantee 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 (Sce Trust I), Guarantee Agreement (Sce Trust I), Guarantee Agreement (Sce Trust 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, or, in the case the Guaranteed Securities are held in global form, in accordance with the applicable procedures of the Depositary (as defined in the Indenture), to the Holders of all Preferred SecuritiesHolders, notices of all Events of Default actually known to a Responsible Officer of the Guarantee Trustee, unless such Events of Default defaults have been cured or waived before the giving of such notice, provided, that, except in the case of a default in the payment of a Guarantee Payment, provided that the Guarantee Trustee shall be protected in withholding such notice if and so long as the Board board of Directors and/or directors, the executive committee, or a trust committee of directors or Responsible Officers of the Guarantee 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 (NextEra Energy Partners, LP), Guarantee Agreement (Nextera Energy Inc), Guarantee Agreement (Nextera Energy Inc)

Event of Default; Notice. (a) The Guarantee Trustee shall, within 90 days after the occurrence of an Event of DefaultDefault actually known to the Guarantee Trustee, transmit by mail, first class postage prepaid, to the Holders of all Preferred SecuritiesHolders, notices of all such Events of Default actually known to a Responsible Officer of the Guarantee TrusteeDefault, unless such Events of Default defaults have been cured or waived before the giving of such notice, provided, that, except in the case of a default in the payment of a Guarantee Payment, the Guarantee Trustee shall be protected in withholding such notice if and so long as the Board of Directors Directors, the executive committee or a trust committee of directors and/or Responsible Officers of the Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders.

Appears in 3 contracts

Samples: Guarantee Agreement (Progress Energy Inc), Guarantee Agreement (FPC Capital Ii), Guarantee Agreement (Oneok Inc /New/)

Event of Default; Notice. (a) The Guarantee Trustee shall, within 90 ninety (90) days after the occurrence of an Event of DefaultDefault known to the Guarantee Trustee, transmit by mail, first class postage prepaid, to the Holders of all Preferred SecuritiesHolders, notices of all such Events of Default actually known to a Responsible Officer of the Guarantee TrusteeDefault, unless such Events of Default defaults have been cured or waived before the giving of such notice, provided, that, except in the case of a default in the payment of a Guarantee Payment, the Guarantee Trustee shall be protected in withholding such notice if and so long as a the Board board of Directors directors, the executive committee or a trust committee of directors and/or Responsible Officers of the Guarantee 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 (Trenwick America Capital Trust Iii), Preferred Securities Guarantee Agreement (Trenwick America Capital Trust Iii), Preferred Securities Guarantee Agreement (Trenwick America Capital Trust Iii)

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 of all Preferred SecuritiesHolders, notices of all Events of Default actually known to a Responsible Officer of the Guarantee Trustee, unless such Events of Default actually have been cured before the giving of such notice, provided; PROVIDED, that, except in the case of a default in the payment of a Guarantee Payment, the Guarantee Trustee shall be protected in withholding such notice if and so long as the Board of Directors Directors, the executive committee or a trust committee of directors and/or Responsible Officers of the Guarantee Trustee in good faith determines determine that the withholding of such notice is in the interests of the Holders.

Appears in 2 contracts

Samples: Guarantee Agreement (Goodrich B F Co), Guarantee Agreement (Enpro Industries Inc)

Event of Default; Notice. (a) The Guarantee Trustee shall, within 90 days 10 Business Days after the occurrence of an any Event of Default, transmit by mail, first class postage prepaid, to the Holders of all Preferred Securities, notices of all Events of Default actually known to a Responsible Officer of the Guarantee Trustee, unless such transmit by mail, first-class postage prepaid, to the Holders, notices of all Events of Default known to the Guarantee Trustee, unless such defaults have been cured or waived before the giving of such notice, provided, provided that, except in the case of a default in the payment of a Guarantee Payment, the Guarantee Trustee shall be protected in withholding such notice if and so long as the Board of Directors Directors, the executive committee or a trust committee of directors and/or Responsible Officers of the Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders.

Appears in 2 contracts

Samples: Capital Securities Guarantee Agreement (Dominion Resources Inc /Va/), Securities Guarantee Agreement (Dominion Resources Inc /Va/)

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 (in the manner set forth in Section 313(c) of all Preferred Securitiesthe Trust Indenture Act), notices of all Events of Default actually known to a Responsible Officer of the Guarantee Trustee, unless such Events of Default defaults have been cured before the giving of such notice, provided, that, except in the case of a default in the payment of a Guarantee Payment, the Guarantee Trustee shall be protected in withholding such notice if and so long as the Board of Directors Directors, the executive committee or a trust committee of directors and/or Responsible Officers of the Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders.

Appears in 2 contracts

Samples: Trust Securities (Willamette Industries Inc), Trust Securities (Willamette Industries Inc)

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Event of Default; Notice. (a) The Preferred Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default, actually known to a Responsible Officer of the Guarantee Trustee, transmit by mail, first class postage prepaid, to the Holders of all the Preferred Securities, notices of all Events of Default actually known to a Responsible Officer of the Preferred Guarantee Trustee, unless such Events of Default defaults have been cured before the giving of such notice, provided, that, except in the case of a default in the payment of a Guarantee Payment, the Preferred Guarantee Trustee shall be protected in withholding such notice if and so long as its board of directors, the Board executive committee of Directors and/or its board of directors or a committee of its Responsible Officers of the Guarantee Trustee Officers, in good faith determines that the withholding of such notice is in the interests of the HoldersHolders of the Preferred Securities.

Appears in 2 contracts

Samples: Preferred Securities Guarantee Agreement (Sunoco Inc), Preferred Securities Guarantee Agreement (Sunoco Inc)

Event of Default; Notice. (a) The Guarantee Trustee shall, within 90 days after the occurrence of an Event of DefaultDefault actually known to the Guarantee Trustee, transmit by mail, first class postage prepaid, to the Holders of all Preferred SecuritiesHolders, notices of all such Events of Default actually known to a Responsible Officer of the Guarantee TrusteeDefault, unless such Events of Default defaults have been cured or waived before the giving of such notice, provided, that, except in the case of a default in the payment of a Guarantee Payment, the Guarantee Trustee shall be protected in withholding such notice if and so long as the Board of Directors Directors, the executive committee or a trust committee of directors and/or Responsible Officers of the Guarantee Trustee in good faith determines that the withholding of such notice is in not adverse to the interests of the Holders.

Appears in 1 contract

Samples: Guarantee Agreement (Oneok Inc /New/)

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 of all Preferred SecuritiesHolders, notices of all Events of Default actually known (as set forth in Section 2.07(b)) to a Responsible Officer of the Guarantee Trustee, unless such Events of Default defaults have been cured before the giving of such notice, provided, that, except in the case of a default in the payment of a Guarantee Payment, the Guarantee Trustee shall be protected in withholding such notice if and so long as the Board of Directors Directors, the executive committee or a trust committee of directors and/or Responsible Officers 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 (Nevada Power Co)

Event of Default; Notice. (a) The Guarantee Trustee shall, within 90 days after the occurrence of an Event of DefaultDefault known to the Guarantee Trustee, transmit by mail, first class postage prepaid, to the Holders of all Preferred SecuritiesHolders, notices of all Events of Default actually known to a Responsible Officer of the Guarantee Trustee, unless such Events of Default unless such defaults have been cured or waived before the giving of such notice, provided, that, except in the case of a default in the payment of a Guarantee Payment, the Guarantee Trustee shall be protected in withholding such notice if and so long as the Board of Directors Directors, the executive committee or a trust committee of directors and/or Responsible Officers 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 (Associates First Capital Iii)

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 Holders, notice of all Preferred Securities, notices of all Events any such Event of Default actually known to a Responsible Officer of the Guarantee Trustee, unless such Events Event of Default have has been cured or waived before the giving of such notice, provided, ; provided that, except in the case of a default in the payment of a Guarantee Payment, the Guarantee Trustee shall be protected in withholding such notice if and so long as the Board board of Directors directors, the executive committee or a trust committee of directors and/or Responsible Officers 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 (FFBC Capital Trust 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 first-class postage prepaid, to the Holders of all Preferred SecuritiesHolders, notices of all Events of Default actually known to a Responsible Officer of the Guarantee Trustee, unless such Events of Default defaults have been cured or waived before the giving of such notice, provided, ; provided that, except in the case of a default in the payment of a Guarantee Payment, the Guarantee Trustee shall be protected in withholding such notice if and so long as the Board of Directors Directors, the executive committee or a trust committee of directors and/or Responsible Officers 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: Securities Guarantee Agreement (DPL Inc)

Event of Default; Notice. (a) The Guarantee Trustee shall, within 90 10 days after the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the Holders of all Preferred SecuritiesHolders, notices of all Events of Default actually known to a Responsible Officer of the Guarantee Trustee, unless such Events of Default have been cured before the giving of such notice, provided; PROVIDED, that, except in the case of a default in the payment of a Guarantee Payment, the Guarantee Trustee shall be protected in withholding such notice if and so long as the Board board of Directors directors, the executive committee or a trust committee of directors and/or Responsible Officers of the Guarantee Trustee in good faith determines determine that the withholding of such notice is in the interests of the Holders.

Appears in 1 contract

Samples: Preferred Securities Guarantee Agreement (Titan Corp)

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