Knowledge of Trustee. Notwithstanding the provisions of this Article or any other provisions of this Indenture, but subject to the provisions of Section 6.1, the Trustee shall not be charged with knowledge of the existence of any facts which would prohibit the making of any payment of moneys to or by the Trustee, or the taking of any other action by the Trustee under this Article X, unless and until the Trustee shall have received written notice thereof, in the manner required by Section 1.5, from the Company, any Holder, any Paying Agent, any Registrar or the holder or representative of any class of Senior Indebtedness.
Appears in 4 contracts
Samples: Levitt Corporation (Levitt Corp), Indenture (Levitt Corp), Indenture (Levitt Corp)
Knowledge of Trustee. Notwithstanding the provisions of this Article or any other provisions of this Indenture, but subject to the provisions of Section 6.17.1, the Trustee shall not be charged with knowledge of the existence of any facts which would prohibit the making of any payment of moneys to or by the Trustee, or the taking of any other action by the Trustee under this Article XEleven, unless and until the Trustee shall have received written notice thereof, in the manner required by Section 1.5, from the Company, any HolderDebentureholder, any Paying Agent, any Registrar Debenture Registrar, or the holder or representative of any class of Senior Indebtedness.
Appears in 4 contracts
Samples: Indenture (Bankatlantic Bancorp Inc), Indenture (Republic Bancshares Inc), Indenture (Republic Bancshares Inc)
Knowledge of Trustee. Notwithstanding the provisions of this Article Nine or any other provisions of this Indenture, but subject to the provisions of Section 6.16.01, the Trustee shall not be charged with knowledge of the existence of any facts which would prohibit the making of any payment of moneys to or by the Trustee, or the taking of any other action by the Trustee under this Article XTrustee, unless and until the Trustee shall have received written notice thereof, in the manner required by Section 1.5, thereof from the Company, any HolderDebentureholder, any Paying Agent, any Registrar paying agent or the holder or representative of any class of Senior Indebtedness. Section 9.09.
Appears in 2 contracts
Knowledge of Trustee. Notwithstanding the provisions provision of this Article or any other provisions of this Indenture, but subject the Trustee shall not be deemed to owe any fiduciary duty to the provisions Holders of Section 6.1, the Trustee Senior Indebtedness and shall not be charged with knowledge of the existence of any facts which would prohibit the making of any payment of moneys to or by the Trustee, or the taking of any other action by the Trustee under this Article XTrustee, unless and until the Trustee shall have received written notice thereof, in the manner required by Section 1.5, thereof from the Company, any HolderHolder of Securities, any Paying Agent, any Registrar Agent of the Company or the holder or representative of any class of Senior Indebtedness.
Appears in 1 contract
Samples: Consumer Portfolio Services Inc
Knowledge of Trustee. Notwithstanding the provisions of this Article or any other provisions of this Indenture, but subject the Trustee shall not be deemed to owe any fiduciary duty to the provisions holders of Section 6.1, the Trustee Senior Indebtedness and shall not be charged with knowledge of the existence of any facts which would prohibit the making of any payment of moneys to or by the Trustee, or the taking of any other action by the Trustee under this Article XTrustee, unless and until the Trustee shall have received written notice thereof, in the manner required by Section 1.5, thereof from the Company, any HolderHolder of Notes, any Paying Agent, any Registrar Agent of the Company or the holder or representative of any class of Senior Indebtedness.
Appears in 1 contract
Samples: Commercial Federal Corp
Knowledge of Trustee. Notwithstanding the provisions of this Article Sixteen or any other provisions of this Indenture, but subject to the provisions of Section 6.1, the Trustee shall not be charged with knowledge of the existence of any facts which would prohibit the making of any payment of moneys monies to or by the Trustee, or the taking of any other action by the Trustee under this Article XTrustee, unless and until the Trustee shall have received written notice thereof, in the manner required by Section 1.5, thereof from the CompanyCompany or the Guarantor, any HolderHolder of the Securities and the Guarantees endorsed thereon, any Paying Agent, any Registrar paying or conversion agent of the Company or the Guarantor or the holder or representative of any class of Senior Company Indebtedness.
Appears in 1 contract