Common use of Notice of Defaults and Events of Default Clause in Contracts

Notice of Defaults and Events of Default. If a Default or Event of Default occurs and is continuing, and if it is known to the Responsible Officer, the Trustee shall mail to each Holder notice of the Default or Event of Default within 90 days after a Responsible Officer acquires actual knowledge of such Default or Event of Default. Except in the case of a Default or Event of Default in payment of principal of or interest on any Note, the Trustee may withhold the notice and shall be protected from withholding the notice if and so long as a committee of its Responsible Officers of the Trustee in good faith determines that withholding the notice is in the interests of Holders. For all purposes of this Indenture and the Notes, the Trustee shall not be deemed to have knowledge of a Default or Event of Default unless either (i) an attorney, authorized officer or agent of the Trustee with direct responsibility for the Indenture has actual knowledge of such Default or Event of Default or (ii) written notice of such Default or Event of Default has been given to the Trustee by the Company or any Holder.

Appears in 5 contracts

Samples: Indenture (Latam Airlines Group S.A.), Indenture (Tam S.A.), Indenture (Gol Intelligent Airlines Inc.)

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Notice of Defaults and Events of Default. If a Default or Event of Default occurs and is continuing, and if it is known to the a Responsible Officer, the Trustee shall mail to each Holder notice of the Default or Event of Default within 90 days after a Responsible Officer acquires actual knowledge of such Default or Event of Default. Except in the case of a Default or Event of Default in payment of principal Principal of or interest Premium, if any, or Interest on any Note, the Trustee may withhold the notice and shall be protected from withholding the notice if and so long as a committee of its Responsible Officers of the Trustee in good faith determines that withholding the notice is in the interests of Holders. For all purposes of this Indenture and the Notes, the Trustee shall not be deemed to have knowledge of a Default or Event of Default unless either (ia) an attorney, authorized officer or agent a Responsible Officer of the Trustee with direct responsibility for the Indenture has actual knowledge of such Default or Event of Default thereof, or (iib) written notice of any event which is in fact such Default or Event a default is received by a Responsible Officer of Default has been given to the Trustee by at the Company Corporate Trust Office of the Trustee, and any such notice references the Notes or any Holderthis Indenture.

Appears in 1 contract

Samples: Indenture (BM&FBOVESPA S.A. - Securities, Commodities & Futures Exchange)

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