Common use of Trustee Entitled to Assume Clause in Contracts

Trustee Entitled to Assume. Payments Not Prohibited in Absence of Notice. The Trustee shall not at any time be charged with knowledge of the existence of any facts that would prohibit the making of any payment to or by the Trustee unless and until a Responsible Officer of the Trustee or any Paying Agent shall have received, no later than two Business Days prior to such payment, written notice thereof from the Company or from one or more holders of Senior Indebtedness or from any representative therefor and, prior to the receipt of any such written notice, the Trustee, subject to the provisions of Sections 601 and 603, shall be entitled in all respects conclusively to assume that no such fact exists.

Appears in 10 contracts

Samples: Indenture (Transocean Sedco Forex Inc), Indenture (Veritas DGC Inc), Indenture (Noble Drilling Corp)

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Trustee Entitled to Assume. Payments Not Prohibited in Absence of Notice. The Trustee shall not at any time be charged with knowledge of the existence of any facts that would prohibit the making of any payment to or by the Trustee unless and until a Responsible Officer of the Trustee or any Paying Agent shall have received, no later than two Business Days prior to such payment, written notice thereof from the Company or from one or more holders of Senior Indebtedness or from any representative therefor and, prior to the receipt of any such written notice, the Trustee, subject to the provisions of Sections 601 7.01 and 6037.02, shall be entitled in all respects conclusively to assume that no such fact exists.

Appears in 5 contracts

Samples: Indenture (Cabot Oil & Gas Corp), Seitel Capital Trust Ii, Lyondell Trust Iii

Trustee Entitled to Assume. Payments Not Prohibited in Absence of Notice. The Trustee shall not at any time be charged with knowledge of the existence of any facts that would prohibit the making of any payment to or by the Trustee unless and until a Responsible Officer of the Trustee or any Paying Agent shall have received, no later than two Business Days prior to such that payment, written notice thereof from the Company or from one or more holders of Senior Indebtedness of the Company or from any representative therefor and, prior to the receipt of any such written notice, the Trustee, subject to the provisions of Sections 601 7.01 and 6037.02, shall be entitled in all respects conclusively to assume that no such fact exists.

Appears in 4 contracts

Samples: Petroquest Energy Inc, Syntroleum Corp, Us Concrete Inc

Trustee Entitled to Assume. Payments Not Prohibited in Absence of Notice. The Trustee shall not at any time be charged with knowledge of the existence of any facts that would prohibit the making of any payment to or by the Trustee unless and until a Responsible Officer of the Trustee or any Paying Agent shall have received, no later than two Business Days prior to such payment, received written notice thereof from the Company or from one or more holders of Senior Indebtedness Debt or from any representative Representative therefor and, prior to the receipt of any such written notice, the Trustee, subject to the provisions of Sections 601 8.1 and 6038.2, shall be entitled in all respects conclusively to assume that no such fact exists.

Appears in 3 contracts

Samples: Indenture (Metals Usa Inc), Indenture (Color Spot Nurseries Inc), Color Spot Nurseries Inc

Trustee Entitled to Assume. Payments Not Prohibited in Absence of Notice. The Trustee shall not at any time be charged with knowledge of the existence of any facts that would prohibit the making of any payment to or by the Trustee unless and until a Responsible Officer of the Trustee or any Paying Agent shall have received, no later than two Business Days prior to such payment, written notice thereof from the Company or from one or more holders of Senior Indebtedness Debt or from any representative therefor thereof and, prior to the receipt of any such written notice, the Trustee, subject to the provisions of Sections 601 7.01 and 6037.02, shall be entitled in all respects conclusively to assume that no such fact exists.

Appears in 3 contracts

Samples: Pioneer Companies Inc, Conoco Inc /De, Pride International Inc

Trustee Entitled to Assume. Payments Not Prohibited in Absence of Notice. ------------------------------------------------------------- The Trustee shall not at any time be charged with knowledge of the existence of any facts that would prohibit the making of any payment to or by the Trustee unless and until a Responsible Officer of the Trustee or any Paying Agent shall have received, no later than two Business Days prior to such payment, received written notice thereof from the Company or from one or more holders of Senior Indebtedness Debt or from any representative Representative therefor and, prior to the receipt of any such written notice, the Trustee, subject to the provisions of Sections 601 7.01 and 6037.02, shall be entitled in all respects conclusively to assume that no such fact exists.

Appears in 2 contracts

Samples: Huntsman Texas Holdings LLC, Huntsman Texas Holdings LLC

Trustee Entitled to Assume. Payments Not Prohibited in Absence of Notice. ---------------------------------------------------------------- The Trustee shall not at any time be charged with knowledge of the existence of any facts that would prohibit the making of any payment to or by the Trustee unless and until a Responsible Officer of the Trustee or any Paying Agent shall have received, no later than two Business Days prior to such payment, written received notice thereof from the Company or any Guarantor or from one or more holders of Guarantor Senior Indebtedness Debt or from any representative Representative therefor and, prior to the receipt of any such written notice, the Trustee, subject to the provisions of Sections 601 7.01 and 6037.02, shall be entitled in all respects conclusively to assume that no such fact exists.

Appears in 2 contracts

Samples: Huntsman Texas Holdings LLC, Huntsman Texas Holdings LLC

Trustee Entitled to Assume. Payments Not Prohibited in Absence of Notice. The Trustee shall not at any time be charged with knowledge of the existence of any facts that which would prohibit the making of any payment to or by the Trustee unless and until a Responsible Trust Officer of the Trustee or any Paying Agent shall have received, no later than two one Business Days Day prior to such payment, written notice thereof from the Company or from one or more holders of Senior Indebtedness Secured Portfolio Debt or from any representative Representative therefor and, prior to the receipt of any such written notice, the Trustee, subject to the provisions of Sections 601 7.1 and 6037.2, shall be entitled in all respects conclusively to assume that no such fact exists.

Appears in 2 contracts

Samples: Indenture (HPSC Inc), Revolving Credit Agreement (HPSC Inc)

Trustee Entitled to Assume. Payments Not Prohibited in Absence of Notice. The Trustee shall not at any time be charged with knowledge of the existence of any facts that would prohibit the making of any payment to or by the Trustee unless and until a Responsible Officer of the Trustee or any Paying Agent shall have received, no later than two Business Days prior to such payment, written received notice thereof from the Company or any Guarantor or from one or more holders of Guarantor Senior Indebtedness Debt or from any representative Representative therefor and, prior to the receipt of any such written notice, the Trustee, subject to the provisions of Sections 601 7.01 and 6037.02, shall be entitled in all respects conclusively to assume that no such fact exists.

Appears in 2 contracts

Samples: Indenture (Huntsman Packaging Corp), Young America Holdings Inc

Trustee Entitled to Assume. Payments Not Prohibited in Absence of Notice. The Trustee shall not at any time be charged with knowledge of the existence of any facts that which would prohibit the making of any payment to or by the Trustee unless and until a Responsible Trust Officer of the Trustee or any Paying Agent shall have received, no later than two the close of business on the Business Days Day prior to such payment, written notice thereof from the Company or from one or more holders of Senior Indebtedness or from any representative therefor and, prior to the receipt of any such written notice, the Trustee, subject to the provisions of Sections 601 7.01 and 6037.02, shall be entitled in all respects conclusively to assume that no such fact exists.

Appears in 1 contract

Samples: Lamar Advertising Co

Trustee Entitled to Assume. Payments Not Prohibited in Absence of Notice. The Trustee shall not at any time be charged with knowledge of the existence of any facts that which would prohibit the making of any payment of monies to or by the Trustee Trustee, unless and until a Responsible Officer of the Trustee or any Paying Agent shall have received, no later than two Business Days prior to such payment, received written notice 90 82 thereof from the Company or from one or more holders of Senior Indebtedness or from any representative therefor trustee therefor; and, prior to the receipt of any such written notice, the Trustee, subject to the provisions of Sections 601 and 603Section 601, shall be entitled in all respects conclusively to assume conclusively that no such fact existsfacts exist.

Appears in 1 contract

Samples: Ccci Capital Trust Iii

Trustee Entitled to Assume. Payments Not Prohibited in Absence of Notice. --------------------------------------- The Trustee shall not at any time be charged with knowledge of the existence of any facts that would prohibit the making of any payment to or by the Trustee unless and until a Responsible Officer of the Trustee or any Paying Agent shall have received, no later than two Business Days prior to such payment, received written notice thereof from the Company or from one or more holders of Senior Indebtedness or from any representative Representative therefor and, prior to the receipt of any such written notice, the Trustee, subject to the provisions of Sections 601 7.01 and 6037.02, shall be entitled in all respects conclusively to assume that no such fact exists.

Appears in 1 contract

Samples: Armstrong Containers Inc

Trustee Entitled to Assume. Payments Not Prohibited in Absence of Notice. The Trustee shall not at any time be charged with knowledge of the existence of any facts that which would prohibit the making of any payment to or by the Trustee unless and until a Responsible Officer of the Trustee or any Paying Agent shall have received, no later than two one Business Days Day prior to such payment, written notice thereof from the Company or from one or more holders of Senior Indebtedness Secured Portfolio Debt or from any representative Representative therefor and, prior to the receipt of any such written notice, the Trustee, subject to the provisions of Sections 601 7.1 and 6037.2, shall be entitled in all respects conclusively to assume that no such fact exists.

Appears in 1 contract

Samples: HPSC Inc

Trustee Entitled to Assume. Payments Not Prohibited in Absence of Notice. ------------------------------------ The Trustee shall not at any time be charged with knowledge of the existence of any facts that would prohibit the making of any payment to or by the Trustee unless and until a Responsible Officer of the Trustee or any Paying Agent shall have received, no later than two Business Days prior to such payment, received written notice thereof from the Company or from one or more holders of Senior Indebtedness Debt or from any representative Representative therefor and, prior to the receipt of any such written notice, the Trustee, subject to the provisions of Sections 601 7.01 and 6037.02, shall be entitled in all respects conclusively to assume that no such fact exists.

Appears in 1 contract

Samples: Tioxide Americas Inc

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Trustee Entitled to Assume. Payments Not Prohibited in Absence of Notice. The Trustee shall not at any time be charged with knowledge of the existence of any facts that would prohibit the making of any payment to or by the Trustee unless and until a Responsible Officer of the Trustee or any Paying Agent shall have received, no later than two Business Days prior to such payment, received written notice thereof from the Company or from one or more holders of Senior Indebtedness or from any representative Representative therefor and, prior to the receipt of any such written notice, the Trustee, subject to the provisions of Sections 601 8.01 and 6038.02, shall be entitled in all respects conclusively to assume that no such fact exists.

Appears in 1 contract

Samples: Bay Area Warehouse Stores Inc

Trustee Entitled to Assume. Payments Not Prohibited in Absence of Notice. The Trustee shall not at any time be charged with knowledge of the existence of any facts that which would prohibit the making of any payment to or by the Trustee unless and until a Responsible Officer of the Trustee or any Paying Agent shall have received, no later than two the close of business on the Business Days Day prior to such payment, written notice thereof from the Company or from one or more holders of Senior Indebtedness or from any representative therefor and, prior to the receipt of any such written notice, the Trustee, subject to the provisions of Sections 601 7.01 and 6037.02, shall be entitled in all respects conclusively to assume that no such fact exists.

Appears in 1 contract

Samples: Lamar Advertising Co

Trustee Entitled to Assume. Payments Not Prohibited in Absence of Notice. The Trustee shall not at any time be charged with knowledge of the existence of any facts that which would prohibit the making of any payment of monies to or by the Trustee Trustee, unless and until a Responsible Officer of the Trustee or any Paying Agent shall have received, no later than two Business Days prior to such payment, received written notice thereof from the Company or from one or more holders of Senior Indebtedness or from any representative therefor trustee therefor; and, prior to the receipt of any such written notice, the Trustee, subject to the provisions of Sections 601 and 603Section 6.01, shall be entitled in all respects conclusively to assume conclusively that no such fact existsfacts exist.

Appears in 1 contract

Samples: Hartford Life Inc

Trustee Entitled to Assume. Payments Not Prohibited in Absence of Notice. The Trustee shall not at any time be charged with knowledge of the existence of any facts that which would prohibit the making of any payment to or by the Trustee unless and until a Responsible Officer of the Trustee or any Paying Agent shall have received, no later than two the close of business on the Business Days Day prior to the date of such payment, written notice thereof from the Company or from one or more holders of Senior Indebtedness or from any representative therefor and, prior to the receipt of any such written notice, the Trustee, subject to the provisions of Sections 601 7.01 and 6037.02, shall be entitled in all respects conclusively to assume that no such fact exists.

Appears in 1 contract

Samples: Lamar Advertising Co/New

Trustee Entitled to Assume. Payments Not Prohibited in Absence of Notice. The Trustee shall not at any time be charged with knowledge of the existence of any facts that would prohibit the making of any payment to or by the Trustee unless and until a Responsible Officer of the Trustee or any Paying Agent shall have received, no later than two Business Days prior to such payment, written notice thereof from the Company or from one or more holders of Senior Indebtedness or from any representative therefor and, prior to the receipt of any such written notice, the Trustee, subject to the provisions of Sections SECTIONS 601 and 603, shall be entitled in all respects conclusively to assume that no such fact exists.

Appears in 1 contract

Samples: Indenture (Grey Wolf Inc)

Trustee Entitled to Assume. Payments Not Prohibited in Absence of Notice. The Trustee shall not at any time be charged with knowledge of the existence of any facts that would prohibit the making of any payment to or by the Trustee unless and until a Responsible Officer of the Trustee or any Paying Agent paying agent shall have received, no later than two Business Days prior to such payment, written notice thereof from the Company or from one or more holders of Senior Indebtedness Debt or from any representative therefor and, prior to the receipt of any such written notice, the Trustee, subject to the provisions of Sections 601 7.01 and 6037.02, shall be entitled in all respects conclusively to assume that no such fact exists.

Appears in 1 contract

Samples: Centex Trust Ii

Trustee Entitled to Assume. Payments Not Prohibited in Absence of Notice. The Trustee shall not at any time be charged with knowledge of the existence of any facts that which would prohibit the making of any payment to or by the Trustee unless and until a Responsible Trust Officer of the Trustee or any Paying Agent shall have received, no later than two one Business Days Day prior to such payment, written notice thereof from the Company or from one or more holders of Senior Indebtedness or from any representative therefor and, prior to the receipt of any such written notice, the Trustee, subject to the provisions of Sections 601 7.1 and 6037.2, shall be entitled in all respects conclusively to assume that no such fact exists.

Appears in 1 contract

Samples: Parker Drilling Co /De/

Trustee Entitled to Assume. Payments Not Prohibited in ----------------------------------------------------- Absence of Notice. ----------------- The Trustee shall not at any time be charged with knowledge of the existence of any facts that which would prohibit the making of any payment to or by the Trustee unless and until a Responsible Trust Officer of the Trustee or any Paying Agent shall have received, no later than two one Business Days Day prior to such payment, written notice thereof from the Company or from one or more holders of Senior Indebtedness or from any representative therefor and, prior to the receipt of any such written notice, the Trustee, subject to the provisions of Sections 601 7.1 and 6037.2, shall be entitled in all respects conclusively to assume that no such fact exists.

Appears in 1 contract

Samples: United States Filter Corp

Trustee Entitled to Assume. Payments Not Prohibited in Absence of Notice. The Trustee shall not at any time be charged with knowledge of the existence of any facts that would prohibit the making of any payment to or by the Trustee unless and until a Responsible Officer of the Trustee or any Paying Agent shall have received, no later than two Business Days prior to such payment, written notice thereof from the Company or any Subsidiary Guarantor, as the case may be, or from one or more holders of Senior Indebtedness Debt or from any representative therefor thereof and, prior to the receipt of any such written notice, the Trustee, subject to the provisions of Sections 601 7.01 and 6037.02, shall be entitled in all respects conclusively to assume that no such fact exists.

Appears in 1 contract

Samples: Indenture (Westlake International CORP)

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