Common use of Notice to the Trustee Clause in Contracts

Notice to the Trustee. (a) The Company shall give prompt written notice to the Trustee of any fact known to it which would prohibit the making of any payment or distribution to or by the Trustee in respect of the Securities. Notwithstanding the provisions of this Article or any other provision of this Agreement, the Trustee shall not be charged with knowledge of the existence of any facts which would prohibit the making of any payment to or by the Trustee in respect of the Securities, unless and until the Trustee shall have received written notice thereof from the Company, the Agent, a representative for the holders of Senior Indebtedness of the Company or any trustee, fiduciary or agent therefor; and prior to the receipt of any such written notice, the Trustee, subject to the provisions of Section 601 of the Indenture, shall be entitled in all respects to assume that no such facts exist; provided, however, that, if the Trustee shall not have received the notice provided for this Section or Section 2.3 hereof prior to the date on which by the terms of the Indenture any money may become payable for any purpose (including, without limitation, the payment of the principal of (and premium, if any) or interest on or any amounts payable in connection with any Security), then, anything herein contained to the contrary notwithstanding, the Trustee shall have full power and authority to receive such money and to apply the same to the purpose for which such money was received and shall not be affected with respect to such action taken by any notice to the contrary which may be received by the Trustee on or after such date.

Notice to the Trustee. (a) The Company shall give prompt written notice to a Responsible Officer of the Trustee of any fact known to it which the Company that would prohibit the making of any payment or distribution of monies to or by the Trustee in respect of the SecuritiesSecurities pursuant to the provisions of this Article. Notwithstanding the provisions of this Article or any other provision of this AgreementIndenture, the Trustee shall not be charged with knowledge of the existence of any facts which that would prohibit the making of any payment of monies to or by the Trustee in respect of the Securities, Securities pursuant to the provisions of this Article unless and until a Responsible Officer of the Trustee shall have received written notice thereof at the Corporate Trust Office of the Trustee from the Company, the Agent, Company or a representative for the holder or holders of Senior Indebtedness of the Company or from any trustee, fiduciary or agent trustee therefor; and prior to before the receipt of any such written notice, the Trustee, subject to the provisions of Section 601 of the Indenture8.1, shall be entitled in all respects to assume that no such facts exist; provided, however, that, that if the Trustee shall not have received the notice provided for in this Section or Section 2.3 hereof 12.10 at least two Business Days prior to the date on which upon which, by the terms of the Indenture hereof, any money may become payable for any purpose (including, without limitation, the payment of the principal of (and or premium, if any) or interest on or any amounts payable in connection with any SecuritySecurities), then, anything herein contained to the contrary notwithstanding, the Trustee shall have full power and authority to receive such money and to apply the same to the purpose purposes for which such money was received they were received, and shall not be affected with respect to such action taken by any notice to the contrary which that may be received by the Trustee on or after it within two Business Days prior to such date.

Notice to the Trustee. (a) The Company shall give prompt written notice to the Trustee of any fact known to it which would prohibit the making of any payment or distribution to or by the Trustee in respect of the Securities. Notwithstanding the provisions of this Article or any other provision of this AgreementIndenture, the Trustee shall not be charged with knowledge of the existence of any facts which would prohibit the making of any payment to or by the Trustee in respect of the Securities, unless and until the Trustee shall have received written notice thereof from the Company, the Agent, a representative for the holders of Senior Indebtedness of the Company or any trustee, fiduciary or agent therefor; and and, prior to the receipt of any such written notice, the Trustee, subject to the provisions of Section 601 of the Indenture602, shall be entitled in all respects to assume that no such facts exist; provided, however, that, if the Trustee shall not have received the notice provided for in this Section or Section 2.3 1203 hereof prior to the date on which by the terms of the this Indenture any money may become payable for any purpose (including, without limitation, the payment of the principal of (and premium, if any) or interest on or any amounts payable in connection with any Security), then, anything herein contained to the contrary notwithstanding, the Trustee shall have full power and authority to receive such money and to apply the same to the purpose for which such money was received and shall not be affected with respect to such action taken by any notice to the contrary which may be received by the Trustee it on or after such date.