Common use of Event of Default; Notice Clause in Contracts

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 known to the Preferred Guarantee Trustee, unless such 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 the Board of Directors, the executive committee or a trust committee of directors and/or Responsible Officers of the Preferred 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 (Public Service Co of Colorado), Guarantee Agreement (Baltimore Gas & Electric Co), Guarantee Agreement (Public Service Co of Colorado)

AutoNDA by SimpleDocs

Event of Default; Notice. (a) The Preferred Securities Guarantee Trustee shall, within 90 days after the occurrence of an Event of Defaulta default with respect to this Preferred Securities Guarantee, transmit mail by mail, first class postage prepaid, to the all Holders, notices of all Events of Default defaults actually known to the Preferred Guarantee Trusteea Responsible Officer, unless such 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 Directorsdirectors, the executive committee committee, or a trust committee of directors and/or a Responsible Officers of the Preferred Guarantee Trustee Officer 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 (Sterling Bancshares Capital Trust Ii), Preferred Securities Guarantee Agreement (Sterling Bancshares Inc), Preferred Securities Guarantee Agreement (Sterling Bancshares Inc)

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 known to a Responsible Officer of the Preferred Guarantee Trustee, unless such defaults Events of Default actually 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 the Board of Directors, the executive committee or a trust committee of directors and/or Responsible Officers of the Preferred Guarantee Trustee in good faith determines determine that the withholding of such notice is in the interests of the Holders.

Appears in 3 contracts

Samples: Guarantee Agreement (Enpro Industries Inc), Guarantee Agreement (Coltec Capital Trust), Guarantee Agreement (Enpro Industries Inc)

Event of Default; Notice. (a) 1. The Preferred Securities Guarantee Trustee shall, within 90 days after the occurrence of an Event of Defaulta default with respect to this Preferred Securities Guarantee, transmit mail by mail, first class postage prepaid, to the all Holders, notices of all Events of Default defaults actually known to the Preferred Guarantee Trusteea Responsible Officer, unless such 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 Directorsdirectors, the executive committee committee, or a trust committee of directors and/or a Responsible Officers of the Preferred Guarantee Trustee Officer 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 (Sovereign Capital Trust Iv), Preferred Securities Guarantee Agreement (Sovereign Capital Trust Iv), Preferred Securities Guarantee Agreement (Sovereign Capital Trust Iv)

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 HoldersHolders of the Preferred Securities, notices of all Events of Default known to the Preferred Guarantee Trustee, unless such 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 the Board board of Directorsdirectors, the executive committee committee, or a trust committee of directors and/or Responsible Officers of the Preferred Guarantee Trustee 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 (FBL Financial Group Inc), Preferred Securities Guarantee Agreement (American Equity Investment Life Holding Co)

Event of Default; Notice. (a) The Preferred 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, notices of all such Events of Default known to the Preferred Guarantee TrusteeDefault, 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 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 Preferred Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders.

Appears in 2 contracts

Samples: Agreement (Lincoln National Corp), Guarantee Agreement (Lincoln National Corp)

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 the Preferred Guarantee Trustee, unless such defaults 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 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 Preferred Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders.

Appears in 2 contracts

Samples: Guarantee Agreement (Scottish Annuity & Life Holdings LTD), Guarantee Agreement (Scottish Annuity & Life Holdings LTD)

Event of Default; Notice. (a) The Preferred 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 all Holders, notices of all Events of Default defaults actually known to the Preferred Guarantee Trusteea Responsible Officer, unless such 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 Capital Securities Guarantee Trustee shall be protected in withholding such notice if and so long as the Board board of Directorsdirectors, the executive committee committee, or a trust committee of directors and/or Responsible Officers of the Preferred Guarantee Capital Securities Guaranty Trustee and/or a Responsible Officer in good faith determines that the withholding of such notice is in the interests of the Holders.

Appears in 2 contracts

Samples: Securities Guarantee Agreement (Sovereign Capital Trust V), Securities Guarantee Agreement (Sovereign Capital Trust V)

Event of Default; Notice. (a) The Preferred 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 all Holders, notices of all Events of Default defaults actually known to the Preferred Guarantee Trusteea Responsible Officer, unless such 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 Capital Securities Guarantee Trustee shall be protected in withholding such notice if and so long as the Board board of Directorsdirectors, the executive committee committee, or a trust committee of directors and/or Responsible Officers of the Preferred Capital Securities Guarantee Trustee and/or a Responsible Officer 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 (Sovereign Bancorp Inc), Capital Securities Guarantee Agreement (Sovereign Bancorp Inc)

Event of Default; Notice. (a) The Preferred Capital Securities Guarantee Trustee shall, within 90 days after the occurrence of an Event of DefaultDefault with respect to this Capital Securities Guarantee actually known to a Responsible Officer, transmit mail by mail, first class postage prepaid, to the all Holders, notices of all such Events of Default known to the Preferred Guarantee TrusteeDefault, unless such 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 Capital Securities Guarantee Trustee shall be protected in withholding such notice if and so long as the Board board of Directorsdirectors, the executive committee committee, or a trust committee of directors and/or a Responsible Officers of the Preferred Guarantee Trustee Officer in good faith determines that the withholding of such notice is in the interests of the Holders.

Appears in 2 contracts

Samples: Guarantee Agreement (NGC Corp), Capital Securities Guarantee Agreement (NGC Corp Capital Trust I)

Event of Default; Notice. (a) The Preferred 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 all Holders, notices of all Events of Default defaults actually known to the Preferred Guarantee Trusteea Responsible Officer, unless such 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 Capital Securities Guarantee Trustee shall be protected in withholding such notice if and so long as the Board board of Directorsdirectors, the executive committee committee, or a trust committee of directors and/or a Responsible Officers of the Preferred Guarantee Trustee Officer in good faith determines that the withholding of such notice is in the interests of the Holdersholders of the Series B Capital Securities.

Appears in 2 contracts

Samples: Guarantee Agreement (Ml Capital Trust I), Guarantee Agreement (First Keystone 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 the Preferred Guarantee Trustee, unless such 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 the Board of Directors, the executive committee or a trust committee of directors and/or Responsible Officers of the Preferred Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders.

Appears in 2 contracts

Samples: Guarantee Agreement (Nationwide Financial Services Inc/), Guarantee Agreement (Nationwide Financial Services Inc/)

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

Appears in 2 contracts

Samples: Exchange Guarantee Agreement (Usb Holding Co Inc), Usb Holding Co Inc

Event of Default; Notice. (a) The Preferred Securities Guarantee Trustee shall, within 90 days after the occurrence of an Event of Defaulta default with respect to this Preferred Securities Guarantee, transmit mail by mail, first class postage prepaid, to the all Holders, notices of all Events of Default defaults actually known to the Preferred Guarantee Trusteea Responsible Officer, unless such 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 Directorsdirectors, the executive committee committee, or a trust committee of directors and/or Responsible Officers of the Preferred Guarantee Securities Guaranty Trustee and/or a Responsible Officer 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 (Sovereign Bancorp Inc), Preferred Securities Guarantee Agreement (Sovereign Bancorp Inc)

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, 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 the Board board of Directorsdirectors, the executive committee or a trust committee of directors and/or Responsible Officers of the Preferred Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders.

Appears in 2 contracts

Samples: Guarantee Agreement (AmerUs Capital V), Guarantee Agreement (AmerUs Capital V)

Event of Default; Notice. (a) The Preferred Guarantee Trustee shall, within 90 days after the occurrence of an Event of DefaultDefault actually known to the Guarantee Trustee, transmit by mail, first first-class postage prepaid, to the Holders, notices of all Events of Default known to the Preferred Guarantee Trustee, unless such defaults 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 Preferred Guarantee Trustee shall be protected in withholding such notice if and so long as the Board board of Directorsdirectors, the executive committee committee, or a trust committee of directors and/or Responsible Officers of the Preferred Guarantee 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 (Chemed Corp), Preferred Securities Guarantee (Chemed Capital Trust)

Event of Default; Notice. (a) The Preferred 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 notice of all Events any such Event of Default known to the Preferred Guarantee TrusteeDefault, unless such defaults have Event of Default 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 Preferred Guarantee Trustee shall be protected in withholding such notice if and so long as the Board board of Directorsdirectors, the executive committee or a trust committee of directors and/or Responsible Officers of the Preferred Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders.

Appears in 1 contract

Samples: Trust Agreement (DPL Inc)

Event of Default; Notice. (a) The Preferred Guarantee Trustee shall, within 90 days after the occurrence of an Event of Defaulta default with respect to this Guarantee, transmit mail by mail, first class postage prepaid, to the all Holders, notices of all Events of Default defaults 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, except in the case of a default in the payment of a any Guarantee Payment, the Preferred Guarantee Trustee shall be protected in withholding such notice if and so long as the Board board of Directorsdirectors, the executive committee committee, or a trust committee of directors and/or Responsible Officers of the Preferred Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holdersholders of the Trust Preferred Securities.

Appears in 1 contract

Samples: Trust Preferred Securities Guarantee Agreement (Agl Capital Trust Iii)

Event of Default; Notice. (a) The Trust Preferred Securities Guarantee Trustee shall, within 90 days after the occurrence of an Event of Defaulta default with respect to this Trust Preferred Securities Guarantee, transmit mail by mail, first class postage prepaid, to the all Holders, notices of all Events of Default defaults actually known to the Preferred Guarantee Trusteea Responsible Officer, unless such 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 Trust Preferred Securities Guarantee Trustee shall be protected in withholding such notice if and so long as the Board board of Directorsdirectors, the executive committee committee, or a trust committee of directors and/or a Responsible Officers of the Preferred Guarantee Trustee Officer in good faith determines that the withholding of such notice is in the interests of the Holders.

Appears in 1 contract

Samples: Trust Preferred Securities Guarantee Agreement (Independent 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 known to the Preferred Guarantee Trustee, unless such defaults 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 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 a Responsible Officers of the Preferred Guarantee Trustee Officer in good faith determines that the withholding of such notice is in the interests of the Holders.

Appears in 1 contract

Samples: Agreement (Central Fidelity Capital Trust I)

Event of Default; Notice. (a) The Preferred Trust PIERS Guarantee Trustee shall, within 90 days after the occurrence of an Event of Defaulta default with respect to this Trust PIERS Guarantee, transmit mail by mail, first class postage prepaid, to the all Holders, notices of all Events of Default defaults actually known to the Preferred Guarantee Trusteea Responsible Officer, unless such 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 Trust PIERS Guarantee Trustee shall be protected in withholding such notice if and so long as the Board board of Directorsdirectors, the executive committee committee, or a trust committee of directors and/or Responsible Officers of the Preferred Guarantee Trust PIERS Guaranty Trustee and/or a Responsible Officer in good faith determines that the withholding of such notice is in the interests of the Holders.

Appears in 1 contract

Samples: Piers Guarantee Agreement (Sovereign Bancorp Inc)

Event of Default; Notice. (a) The Preferred Securities Guarantee Trustee shall, within 90 days after the occurrence of an Event of Defaulta default with respect to this Preferred Securities Guarantee, transmit mail by mail, first class postage prepaid, to the all Holders, notices of all Events of Default defaults actually known to the Preferred Guarantee Trusteea Responsible Officer, unless such 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 Directorsdirectors, the executive committee committee, or a trust committee of directors and/or Responsible Officers of the Preferred Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders.and/or

Appears in 1 contract

Samples: Preferred Securities Guarantee Agreement (Sterling Bancshares Inc)

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 HoldersHolders of the Preferred Securities, notices of all Events of Default known to the Preferred Guarantee Trustee, unless such defaults 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 Preferred Guarantee Trustee shall be protected in withholding such notice if and so long as the Board board of Directorsdirectors, the executive committee committee, or a trust committee of directors and/or Responsible Officers of the Preferred Guarantee 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: Preferred Securities Guarantee Agreement (Dt Industries Inc)

AutoNDA by SimpleDocs

Event of Default; Notice. (a) The Preferred Guarantee Trustee shall, within 90 days after the occurrence of an Event of DefaultDefault known to a Responsible Officer of the Guarantee Trustee, transmit by mail, first class postage prepaid, to the Holders, notices notice of all Events any such Event of Default known to the Preferred Guarantee TrusteeDefault, unless such defaults have Event of Default 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 Preferred Guarantee Trustee shall be protected in withholding such notice if and so long as the Board board of Directorsdirectors, the executive committee or a trust committee of directors and/or Responsible Officers of the Preferred 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 (American Express Co Capital Trust Ii)

Event of Default; Notice. (a) The Preferred 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 all Holders, notices of all Events of Default defaults actually known to the Preferred Guarantee Trusteea Responsible Officer, unless such 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 Capital Securities Guarantee Trustee shall be protected in withholding such notice if and so long as the Board board of Directorsdirectors, the executive committee committee, or a trust committee of directors and/or a Responsible Officers of the Preferred Guarantee Trustee Officer in good faith determines that the withholding of such notice is in the interests of the HoldersHolders of the Series B Capital Securities.

Appears in 1 contract

Samples: Securities Guarantee Agreement (Progress 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, except in the case of a default in the payment of a Guarantee Payment, the Preferred Guarantee Trustee shall be fully 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 Preferred Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders.Guarantee

Appears in 1 contract

Samples: Guarantee Agreement (Newfield Exploration Co /De/)

Event of Default; Notice. (a) The Preferred 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 all Holders, notices of all Events of Default defaults actually known to the Preferred Guarantee Trusteea Responsible Officer, unless such 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 Capital Securities Guarantee Trustee shall be protected in withholding such notice if and so long as the Board board of Directorsdirectors, the executive committee committee, or a trust committee of directors and/or a Responsible Officers of the Preferred Guarantee Trustee officer in good faith determines that the withholding of such notice is in the interests of the Holders.

Appears in 1 contract

Samples: Capital Securities Guarantee Agreement (M&t Bank Corp)

Event of Default; Notice. (a) The Preferred 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 all Holders, notices of all Events of Default defaults actually known to the Preferred Guarantee Trusteea Responsible Officer, unless such 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 Capital Securities Guarantee Trustee shall be protected in withholding such notice if and so long as the Board board of Directorsdirectors, the executive committee committee, or a trust committee of directors and/or a Responsible Officers Officer of the Preferred Capital Securities Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders.

Appears in 1 contract

Samples: Capital Securities Guarantee Agreement (Pennsylvania Commerce Bancorp Inc)

Event of Default; Notice. (a) The Preferred 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 all Holders, notices of all Events of Default defaults actually known to the Preferred Guarantee Trusteea Responsible Officer, unless such defaults have been cured before the giving of such notice, provided, that, that except in the case of a default in the payment of a any Guarantee Payment, the Preferred Capital Securities Guarantee Trustee shall be protected in withholding such notice if and so long as the Board board of Directorsdirectors, the executive committee committee, or a trust committee of directors and/or a Responsible Officers of the Preferred Guarantee Trustee Officer in good faith determines determine that the withholding of such notice is in the interests of the Holders.

Appears in 1 contract

Samples: Securities Guarantee Agreement (Premier Bancorp Inc /Pa/)

Event of Default; Notice. (a) The Preferred 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, notices notice of all Events any such Event of Default known to the Preferred Guarantee Trustee, unless such defaults have that Event of Default has been cured before the giving of such that notice, provided, 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 that notice if and so long as the Board board of Directorsdirectors, the executive committee or a trust committee of directors directors, and/or Responsible Officers of the Preferred Guarantee Trustee in good faith determines that the withholding of such that notice is in the interests of the Holders.

Appears in 1 contract

Samples: Guarantee Agreement (Wilmington Trust Capital A)

Event of Default; Notice. (a1) The Preferred 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, notices of all Events of Default such defaults known to the Preferred Guarantee Trustee, unless such 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 the Board of Directors, the executive committee or a trust committee of directors and/or Responsible Officers of the Preferred 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 (Silicon Valley Bancshares)

Event of Default; Notice. (ai) The Preferred 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, notices of all such Events of Default known to the Preferred Guarantee TrusteeDefault, 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 by the Guarantor of a any amount due under this Guarantee PaymentAgreement, the Preferred Guarantee Trustee shall be protected in withholding such notice if and so long as the Board board of Directorsdirectors, the executive committee or a trust committee of directors and/or Responsible Officers of the Preferred Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders.

Appears in 1 contract

Samples: Senior Debt Securities Guarantee Agreement (Partnerre LTD)

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

Event of Default; Notice. (a) The Preferred Convertible Debenture Guarantee Trustee shall, within 90 days after the occurrence of an Event of Defaulta default with respect to this Convertible Debenture Guarantee Agreement, transmit mail by mail, first class postage prepaid, to the all Holders, notices of all Events of Default defaults actually known to the Preferred Guarantee Trusteea Responsible Officer, unless such 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 Paymentany amounts due under the Guarantees, the Preferred Convertible Debenture Guarantee Trustee shall be protected in withholding such notice if and so long as the Board board of Directorsdirectors, the executive committee committee, or a trust committee of directors and/or a Responsible Officers of the Preferred Guarantee Trustee Officer in good faith determines that the withholding of such notice is in the interests of the Holders.

Appears in 1 contract

Samples: Convertible Debenture Guarantee Agreement (Weatherford International LTD)

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 the Preferred Guarantee Trustee, unless such defaults have been 10 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 the Board of Directors, the executive committee or a trust committee of directors and/or Responsible Officers of the Preferred 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 (Nationwide Financial Services Inc/)

Event of Default; Notice. (a) The Preferred Trust Capital Securities Guarantee Trustee shall, within 90 days after the occurrence of an Event of Defaulta default with respect to this Trust Capital Securities Guarantee, transmit mail by mail, first class postage prepaid, to the all Holders, notices of all Events of Default defaults actually known to the Preferred Guarantee Trusteea Responsible Officer, unless such 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 Trust Capital Securities Guarantee Trustee shall be protected in withholding such notice if and so long as the Board board of Directorsdirectors, the executive committee committee, or a trust committee of directors and/or a Responsible Officers of the Preferred Guarantee Trustee Officer 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 (Commerce Bancorp Inc /Nj/)

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 known to the Preferred Guarantee Trustee, unless such defaults 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 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 Preferred 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 (Baltimore Gas & Electric Co)

Time is Money Join Law Insider Premium to draft better contracts faster.