Common use of Trustee to Give Notice of Default, But May Withhold in Certain Circumstances Clause in Contracts

Trustee to Give Notice of Default, But May Withhold in Certain Circumstances. The Trustee shall give to the Securityholders of any series, as the names and addresses of such Holders appear on the registry books, notice by mail of all defaults known to the Trustee which have occurred with respect to such series, such notice to be transmitted within 90 days after the occurrence thereof, unless such defaults shall have been cured before the giving of such notice (the term “default” or “defaults” for the purposes of this section being hereby defined to mean any event or condition which is, or with notice or lapse of time or both would become, an Event of Default); provided that, except in the case of default in the payment of the principal of or interest on any of the Securities of such series, or in the payment of any sinking or purchase fund installment with respect to the Securities of such series, the 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 or trustees and/or Responsible Officers of the Trustee in good faith determines that the withholding of such notice is in the interests of the Securityholders of such series.

Appears in 30 contracts

Samples: Indenture (Teva Pharmaceutical Industries LTD), Teva Pharmaceutical Finance Co B.V., Teva Pharmaceutical Industries LTD

AutoNDA by SimpleDocs

Trustee to Give Notice of Default, But May Withhold in Certain Circumstances. The Trustee shall give transmit to the Securityholders of any series, as the names and addresses of such Holders appear on the registry books, and to such Holders of Securities of any series and of Coupons as have, within two years preceding such notice, filed their names and addresses with the Trustee for that purpose, notice by mail of all defaults known to the Trustee which have occurred with respect to such series, such notice to be transmitted within 90 days after the occurrence thereof, unless such defaults shall have been cured before the giving of such notice (the term "default" or "defaults" for the purposes of this section Section being hereby defined to mean any event or condition which is, or with notice or lapse of time or both would become, an Event of Default); provided that, except in the case of default in the payment of the principal of or interest on any of the Securities of such series, or in the payment of any sinking or purchase fund installment with respect to the Securities of such series, the Trustee shall be protected in withholding such notice if and so long as the board of directors, the executive committee, committee or a trust committee of directors or trustees and/or Responsible Officers responsible officers of the Trustee in good faith determines that the withholding of such notice is in the interests of the Securityholders of such seriesseries and of Coupons, if any, appertaining thereto.

Appears in 7 contracts

Samples: Indenture (Starwood Hotels & Resorts), Indenture (Sheraton Holding Corp), Itt Corp /Nv/

Trustee to Give Notice of Default, But May Withhold in Certain Circumstances. The Trustee shall give transmit to the Securityholders of any seriesSeries notice in the manner and to the extent provided in Section 11.4, as the names and addresses of such Holders appear on the registry books, notice by mail of all defaults known to the Trustee which to have occurred with respect to such seriesSeries (as provided in Section 6.2(h)), such notice to be transmitted within 90 days after the occurrence thereof, unless such defaults shall have been cured before the giving of such notice (the term “default” or “defaults” for the purposes of this section Section being hereby defined to mean any event or condition which is, or with notice or lapse of time or both would become, an Event of Default); provided that, except in the case of default in the payment of the principal of or of, interest on or any Additional Amounts with respect to, any of the Securities of such series, Series or any default in the payment of any sinking or purchase fund installment with or analogous obligation in respect to of any of the Securities of such seriesSeries, the 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 or trustees and/or or Responsible Officers of the Trustee in good faith determines that the withholding of such notice is in the interests of the Securityholders of such seriesSeries.

Appears in 7 contracts

Samples: Senior Indenture (ALTERRA CAPITAL HOLDINGS LTD), Senior Indenture (Markel Corp), Senior Indenture (Alterra Finance LLC)

Trustee to Give Notice of Default, But May Withhold in Certain Circumstances. The Trustee shall give transmit to the Securityholders of any seriesSecurityholders, as the names and addresses of such Holders appear on the registry books, notice by mail of all defaults actually known to a Responsible Officer of the Trustee which have occurred with respect to such seriesTrustee, such notice to be transmitted within 90 days after the occurrence thereof, unless such defaults shall have been cured before the giving of such notice (the term "default" or "defaults" for the purposes of this section Section 5.11 being hereby defined to mean any event or condition which is, or with notice or lapse of time or both would become, an Event of Default); provided PROVIDED that, except in the case of default in the payment of the principal of or interest on any of the Securities of such series, or in the payment of any sinking or purchase fund installment with respect to the Securities of such seriesSecurities, the 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 or trustees and/or Responsible Officers of the Trustee in good faith determines that the withholding of such notice is in the interests of the Securityholders of such seriesSecurityholders.

Appears in 6 contracts

Samples: Indenture (Allstate Financial Corp /Va/), Indenture (Trans World Gaming Corp), Value Partners LTD /Tx/

Trustee to Give Notice of Default, But May Withhold in Certain Circumstances. The Trustee shall give shall, within ninety days after the occurrence of a Default with respect to the Securityholders Securities of any seriesseries of which a Responsible Officer of the Trustee has actual knowledge, by mailing notice to the Holders of then Outstanding Registered Securities of each series affected at their addresses as the names and addresses of such Holders they shall appear on the registry books, notice by mail of all defaults known to the Trustee which have occurred with respect to unless in each case such series, such notice to be transmitted within 90 days after the occurrence thereof, unless such defaults Default shall have been cured before the giving mailing or publication of such notice (the term “default” or “defaults” for the purposes of this section being hereby defined to mean any event or condition which is, or with notice or lapse of time or both would become, an Event of Default)notice; provided that, except in the case of default a Default in the payment of the principal of or interest on any of the Securities of such series, or in the payment of any sinking or purchase fund installment with respect to the Securities of on such series, the 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 or trustees and/or Responsible Officers of the Trustee in good faith determines that the withholding of such notice is in the interests of the Securityholders of such series.

Appears in 4 contracts

Samples: Indenture (Abn Amro Bank Nv), Indenture (Royal Bank of Scotland Group PLC), Indenture (Abn Amro Bank Nv)

Trustee to Give Notice of Default, But May Withhold in Certain Circumstances. The Trustee shall give to the Securityholders of any series, as the names and addresses of such Holders appear on the registry books, notice by mail of all defaults known to the Trustee which have occurred with respect to such series, such notice to be transmitted within 90 days after the occurrence thereof, unless such defaults shall have been cured before the giving of such notice (the term “default” or “defaults” for the purposes of this section Section being hereby defined to mean any event or condition which is, or with notice or lapse of time or both would become, an Event of Default); provided that, except in the case of default in the payment of the principal of or interest on any of the Securities of such series, or in the payment of any sinking or purchase fund installment with respect to the Securities of such series, the 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 or trustees and/or Responsible Officers of the Trustee in good faith determines that the withholding of such notice is in the interests of the Securityholders of such series.

Appears in 4 contracts

Samples: Indenture (Teva Pharmaceutical Industries LTD), Indenture (Nokia Corp), Indenture (Nokia Corp)

Trustee to Give Notice of Default, But May Withhold in Certain Circumstances. The Trustee shall give to the Securityholders Holders of the Securities of any series, as the names and addresses of such Holders appear on the registry booksRegister, notice by mail of all defaults known to the Trustee which have occurred with respect to the Securities of such series, such notice to be transmitted within 90 days after the occurrence thereof, unless such defaults shall have been cured or waived before the giving of such notice (the term “default” or “defaults” for the purposes of this section being hereby defined to mean any event or condition which is, or with notice or lapse of time or both would become, an Event of Default); provided that, except in the case of default in the payment of the principal of or interest on any of the Securities of such series, or in the payment of any sinking or purchase fund installment with respect to the Securities of such series, the 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 or trustees and/or Responsible Officers of the Trustee in good faith determines that the withholding of such notice is in the interests of the Securityholders Holders of the Securities of such series.

Appears in 4 contracts

Samples: Indenture (NBCUniversal Media, LLC), Comcast Corp, NBCUniversal Media, LLC

Trustee to Give Notice of Default, But May Withhold in Certain Circumstances. The Trustee shall give to the Securityholders of any series, as the names and addresses of such Holders appear on the registry books, notice by mail of all defaults known to the Trustee which have occurred with respect to such series, such notice to be transmitted within 90 days after the occurrence thereof, unless such defaults shall have been cured before the giving of such notice (the term “default” or “defaults” for the purposes of this section Section being hereby defined to mean any event or condition which is, or with notice or lapse of time or both would become, an Event of Default); provided that, except in the case of default in the payment of the principal of or interest on any of the Securities of such series, or in the payment of any sinking or purchase fund installment with respect to the Securities of such series, the Trustee shall be protected in withholding such notice if and so long as the board of directors, the executive committee, committee or a trust committee of directors or trustees and/or Responsible Officers of the Trustee in good faith determines that the withholding of such notice is in the interests of the Securityholders of such series.

Appears in 4 contracts

Samples: Indenture (Teva Pharmaceutical Finance Co B.V.), Indenture (Teva Pharmaceutical Finance Co B.V.), Teva Pharmaceutical Finance Co B.V.

Trustee to Give Notice of Default, But May Withhold in Certain Circumstances. The Trustee shall give transmit to the Securityholders of any series, as the names and addresses of such Holders appear on the registry books, notice by mail of all defaults known to the Trustee which have occurred with respect to such seriesseries to the knowledge of a Responsible Officer of the Trustee, such notice to be transmitted within 90 days after the occurrence thereof, unless such defaults shall have been cured before the giving of such notice (the term “default” or “defaults” for the purposes of this section Section being hereby defined to mean any event or condition which is, or with notice or lapse of time or both would become, an Event of Default); provided that, except in the case of default in the payment of the principal of or interest on or any amount payable pursuant to Section 3.1(b) upon any of the Securities of such series, or in the payment of any sinking or purchase fund installment with respect to the Securities of such series, the 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 or trustees and/or Responsible Officers of the Trustee in good faith determines that the withholding of such notice is in the interests of the Securityholders of such series.

Appears in 3 contracts

Samples: Indenture (Hanson PLC), Indenture (Hanson PLC), Indenture (Hanson PLC)

Trustee to Give Notice of Default, But May Withhold in Certain Circumstances. The Trustee shall give transmit to the Debt Securityholders of any series, as the names and addresses of such Holders appear on the registry books, notice by mail of all defaults known to the Trustee which have occurred with respect to such series, such notice to be transmitted within 90 days after the occurrence thereof, unless such defaults shall have been cured before the giving of such notice (the term "default" or "defaults" for the purposes of this section Section being hereby defined to mean any event or condition which is, or with notice or lapse of time or both would become, an Event of Default); provided that, except in the case of default in the payment of the principal of or interest on any of the Securities of such series, or in the payment of any sinking or purchase fund installment with respect to the Debt Securities of such series, the 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 or trustees and/or Responsible Officers responsible officers of the Trustee in good faith determines that the withholding of such notice is in the interests of the Debt Securityholders of such series.

Appears in 3 contracts

Samples: Trust Indenture (Financial Security Assurance Holdings LTD/Ny/), Indenture (Financial Security Assurance Holdings LTD/Ny/), Financial Security Assurance Holdings LTD/Ny/

Trustee to Give Notice of Default, But May Withhold in Certain Circumstances. The Trustee shall give to the Securityholders Holders of any series, as the names and addresses of such Holders appear on the registry booksRegister, notice by mail of all defaults known to the Trustee which have occurred with respect to such series, such notice to be transmitted within 90 60 days after the occurrence thereof, unless such defaults shall have been cured before the giving of such notice (the term “default” or “defaults” for the purposes of this section being hereby defined to mean any event or condition which is, or with notice or lapse of time or both would become, an Event of Default); provided that, except in the case of default in the payment of the principal of or interest on any of the Securities of such series, the payment or delivery of the consideration due upon conversion of any of the Securities of such series, or in the payment of any sinking or purchase fund installment with respect to the Securities of such series, the 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 or trustees and/or Responsible Officers responsible officers of the Trustee in good faith determines that the withholding of such notice is in the interests of the Securityholders Holders of such series.

Appears in 3 contracts

Samples: Indenture (Affymetrix Inc), Indenture (Affymetrix Inc), Affymetrix Inc

Trustee to Give Notice of Default, But May Withhold in Certain Circumstances. The Trustee shall give to the Securityholders Holders of any series, as the names and addresses of such Holders appear on the registry books, notice by mail of all defaults known to the Trustee which have occurred with respect to such series, such notice to be transmitted within 90 45 days after the occurrence thereof, unless such defaults shall have been cured before the giving of such notice (the term “default” or “defaults” for the purposes of this section being hereby defined to mean any event or condition which is, or with notice or lapse of time or both would become, an Event of Default); provided that, except in the case of default in the payment of the principal of or interest on any of the Securities of such series, or in the payment of any sinking or purchase fund installment with respect to the Securities of such series, the 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 or trustees and/or Responsible Officers responsible officers of the Trustee in good faith determines that the withholding of such notice is in the interests of the Securityholders Holders of such series.

Appears in 3 contracts

Samples: Indenture (Roper Industries Inc), Indenture (Roper Technologies Inc), Indenture (Roper Industries Inc)

Trustee to Give Notice of Default, But May Withhold in Certain Circumstances. The Trustee shall give shall, within ninety days after the occurrence of a default with respect to the Securityholders Securities of any series, give notice of all defaults with respect to that series known to a Responsible Officer of the Trustee if any Registered Securities of a series affected are then Outstanding, by mailing notice to the Holders of then Outstanding Registered Securities of each series affected at their addresses as the names and addresses of such Holders they shall appear on the registry books, notice by mail of all defaults known to the Trustee which have occurred with respect to such series, such notice to be transmitted within 90 days after the occurrence thereof, unless in each case such defaults shall have been cured before the giving mailing or publication of such notice (the term “default” or “defaults” for the purposes purpose of this section Section being hereby defined to mean any event or condition which is, or with notice or lapse of time or both would become, an Event of Default); provided that, except in the case of default in the payment of the principal of or interest on any of the Securities of such series, or in the payment of any sinking or purchase fund installment with respect to the Securities of on such series, the 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 or trustees and/or Responsible Officers of the Trustee in good faith determines that the withholding of such notice is in the interests of the Securityholders of such series.

Appears in 3 contracts

Samples: Senior Indenture (Bank of America Corp /De/), Abn Amro Bank Nv, Abn Amro Bank Nv

Trustee to Give Notice of Default, But May Withhold in Certain Circumstances. The Trustee shall give to the Securityholders of any series, as the names and addresses of such Holders appear on the registry books, notice by mail of all defaults known to the Trustee which have occurred with respect to such series, such notice to be transmitted within 90 days after the occurrence thereof, unless such defaults shall have been cured before the giving of such notice (the term “default” or “defaults” for the purposes of this section being hereby defined to mean any event or condition which is, or with notice or lapse of time or both would become, an Event of Default); provided that, except in the case of default in the payment of the principal of or interest on any of the Securities of such series, or in the payment of any sinking or purchase fund installment with respect to the Securities of such series, the 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 or trustees and/or Responsible Officers of the Trustee it in good faith determines that the withholding of such notice is in the interests of the Securityholders of such series.

Appears in 3 contracts

Samples: Debt Indenture (Gazit Group Financial LLC), Senior Debt Indenture (Gazit Group Financial LLC), Subordinated Debt Indenture (Gazit Group Financial LLC)

Trustee to Give Notice of Default, But May Withhold in Certain Circumstances. The Trustee shall give to the Securityholders of any seriesSecurityholders, as the names and addresses of such Holders appear on the registry books, notice by mail of all defaults actually known to a Responsible Officer of the Trustee which have occurred with respect to such seriesoccurred, such notice to be transmitted within 90 days after the occurrence thereof, unless such defaults shall have been cured before the giving of such notice (the term "default" or "defaults" for the purposes of this section Section being hereby defined to mean any event or condition which is, or with notice or lapse of time or both would become, an Event of Default); provided provided, that, except in the case of default in the payment of the principal Principal of or interest on any of the Securities of such series, or in the payment of any sinking or purchase fund installment with respect to the Securities of such seriesSecurities, the 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 or trustees and/or Responsible Officers of the Trustee in good faith determines that the withholding of such notice is in the interests of the Securityholders of such seriesSecurityholders.

Appears in 3 contracts

Samples: Indenture (Cone Mills Corp), Cone Mills Corp, Cone Mills Corp

Trustee to Give Notice of Default, But May Withhold in Certain Circumstances. The Trustee shall give transmit to the Securityholders of any series, as the names and addresses of such Holders appear on the registry booksSecurity Register, notice by mail of all defaults known to a Responsible Officer of the Trustee which have occurred with respect to such series, such notice to be transmitted within 90 days after the occurrence thereof, unless such defaults shall have been cured before the giving of such notice (the term "default" or "defaults" for the purposes of this section Section being hereby defined to mean any event or condition which is, or with notice or lapse of time or both would become, an Event of Default); provided that, except in the case of default in the payment of the principal of of, or interest on premium, if any, or interest, if any, on, any of the Securities of such series, or in the payment of any sinking or purchase fund installment with respect to the Securities of such series, the Trustee shall be protected in withholding such notice if and so long as the board of directors, the executive committee, committee or a trust committee of directors or trustees and/or Responsible Officers of the Trustee in good faith determines that the withholding of such notice is in the interests of the Securityholders of such series.

Appears in 2 contracts

Samples: Indenture (Idacorp Inc), Covanta Capital Trust Iii

Trustee to Give Notice of Default, But May Withhold in Certain Circumstances. The Trustee shall give to the Securityholders of any series, as the names and addresses of such Holders appear on the registry books, notice by mail of all defaults known to the Trustee which have occurred with respect to such series, such notice to be transmitted within 90 days after the occurrence thereof, unless such defaults shall have been cured before the giving of such notice (the term “default” or “defaults” for the purposes of this section Section being hereby defined to mean any event or condition which is, or with notice or lapse of time or both would become, an Event of Default); provided that, except in the case of default in the payment of the principal of or interest on any of the Securities of such series, or in the payment of any sinking or purchase fund installment with respect to the Securities of such series, the 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 or trustees and/or Responsible Officers responsible officers of the Trustee in good faith determines that the withholding of such notice is in the interests of the Securityholders of such series.

Appears in 2 contracts

Samples: Indenture (Astrazeneca PLC), Astrazeneca PLC

Trustee to Give Notice of Default, But May Withhold in Certain Circumstances. The Trustee shall give to the Securityholders of any seriesshall, as the names and addresses of such Holders appear on the registry books, notice by mail of all defaults known to the Trustee which have occurred with respect to such series, such notice to be transmitted within 90 days after the occurrence thereofof a Default with respect to the Securities of any series, give notice of all Defaults with respect to that series actually known to a Responsible Officer of the Trustee and to all Holders of Securities of such series in the manner and to the extent provided in Section 313(c) of the TIA, unless in each case such defaults Defaults shall have been cured before the giving mailing or publication of such notice (the term “default” or “defaults” for the purposes of this section being hereby defined to mean any event or condition which is, or with notice or lapse of time or both would become, an Event of Default)notice; provided that, except in the case of default Default in the payment of the principal of or interest on any of the Securities of such series, or in the payment of any sinking or purchase fund installment with respect to the Securities of on such series, the 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 or trustees and/or Responsible Officers Officer of the Trustee in good faith determines that the withholding of such notice is in the interests of the Securityholders of such series.

Appears in 2 contracts

Samples: Rj Reynolds Tobacco Holdings Inc, Reynolds R J Tobacco Co

Trustee to Give Notice of Default, But May Withhold in Certain Circumstances. The Trustee shall give to the Securityholders Holders of any series, as the names and addresses of such Holders appear on the registry booksRegister, notice by mail of all defaults known to the Trustee which have occurred with respect to such series, such notice to be transmitted within 90 the later of 60 days after the occurrence thereof or 30 days after the Trustee has received written notice from the Issuer thereof or otherwise obtained actual knowledge thereof, unless such defaults shall have been cured before the giving of such notice (the term “default” or “defaults” for the purposes of this section being hereby defined to mean any event or condition which is, or with notice or lapse of time or both would become, an Event of Default); provided that, except in the case of default in the payment of the principal of or interest on any of the Securities of such series, or in the payment of any sinking or purchase fund installment with respect to the Securities of such series, the 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 or trustees and/or Responsible Officers responsible officers of the Trustee in good faith determines that the withholding of such notice is in the interests of the Securityholders Holders of such series.

Appears in 2 contracts

Samples: Indenture (Intuit Inc), Intuit (Intuit Inc)

Trustee to Give Notice of Default, But May Withhold in Certain Circumstances. The Trustee shall give transmit to the Securityholders of any series, as the names and addresses of such Holders appear on the registry booksSecurity Register, notice by mail of all defaults known to that a Responsible Officer of the Trustee has actual knowledge of or with respect to which a Responsible Officer of the Trustee has received written notice which have occurred with respect to such series, such notice to be transmitted within 90 120 days after the occurrence thereof, unless such defaults shall have been cured before the giving of such notice (the term “default” or “defaults” for the purposes of this section Section 6.11 being hereby defined to mean any event or condition which is, or with notice or lapse of time or both would become, an Event of Default); provided that, except in the case of default in the payment of the principal of of, or interest on premium, if any, or interest, if any, on, or any Additional Amounts with respect to, any of the Securities of such series, or in the payment of any sinking or purchase fund installment with respect to the Securities of such series, the Trustee shall be protected in withholding such notice if and so long as the board of directors, the executive committee, committee or a trust committee of directors or trustees and/or Responsible Officers of the Trustee in good faith determines that the withholding of such notice is in the interests of the Securityholders of such series.

Appears in 2 contracts

Samples: Indenture (National Grid PLC), Indenture (National Grid PLC)

Trustee to Give Notice of Default, But May Withhold in Certain Circumstances. The Trustee shall give transmit to the Securityholders of any seriesHolders, as the names and addresses of such Holders appear on the registry booksSecurity Register (as provided under Section 313(c) of the Trust Indenture Act), notice by mail of all defaults which have occurred and are known to the Trustee which have occurred with respect to such seriesTrustee, such notice to be transmitted within 90 ninety days after the occurrence thereof, unless such defaults shall have been cured before the giving of such notice (the term “default” or “defaults” for the purposes of this section Section being hereby defined to mean any event or condition which is, or with notice or lapse of time or both would become, an Event of Default); provided that, except in the case of default in the payment of the principal amounts payable in respect of or interest on any of the Securities of such series, or in the payment of any sinking or purchase fund installment with respect to the Securities of such seriesSecurities, the 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 or trustees and/or Responsible Officers of the Trustee in good faith determines that the withholding of such notice is in the interests of the Securityholders of such seriesHolders.

Appears in 2 contracts

Samples: Contingent Value Rights Agreement (APP Pharmaceuticals, Inc.), Contingent Value Rights Agreement (Fresenius Kabi Pharmaceuticals Holding, Inc.)

Trustee to Give Notice of Default, But May Withhold in Certain Circumstances. The Trustee shall give to the Securityholders of any series, in the case of Registered Securities as the names and addresses of such Holders appear on the registry books, notice by mail (or by other means provided in a supplemental indenture hereto, pursuant to a Board Resolution and set forth in an Officer’s Certificate under which such series of Securities is issued or in the form of Security for such series) of all defaults known to the Trustee which have occurred with respect to such series, such notice to be transmitted within 90 days after the occurrence thereof, unless such defaults shall have been cured before the giving of such notice (the term “default” or “defaults” for the purposes of this section Section 4.11 being hereby defined to mean any event or condition which is, or with notice or lapse of time or both would become, an Event of Default); provided that, except in the case of default in the payment of the principal of or interest on any of the Securities of such series, or in the payment of any sinking or purchase fund installment with respect to the Securities of such series, the 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 or trustees and/or Responsible Officers of the Trustee in good faith determines that the withholding of such notice is in the interests of the Securityholders of such series.

Appears in 2 contracts

Samples: Indenture (Sumitomo Mitsui Financial Group, Inc.), Sumitomo Mitsui Financial Group, Inc.

Trustee to Give Notice of Default, But May Withhold in Certain Circumstances. The Trustee shall give to the Securityholders of any series, as the names and addresses of such Holders appear on the registry booksSecurity Register, notice by mail of all defaults Defaults known to the Trustee which have occurred with respect to such series, such notice to be transmitted within 90 days after the occurrence thereof, unless such defaults Defaults shall have been cured before the giving of such notice (the term “default” or “defaults” for the purposes of this section being hereby defined to mean any event or condition which is, or with notice or lapse of time or both would become, an Event of Default)notice; provided that, except in the case of default Default in the payment of the principal of or interest on any of the Securities of such series, or in the payment of any sinking or purchase fund installment with respect to the Securities of such series, the 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 or trustees and/or Responsible Officers responsible officers of the Trustee in good faith determines that the withholding of such notice is in the interests of the Securityholders of such series.

Appears in 2 contracts

Samples: Becton Dickinson & Co, Cardinal Health Inc

Trustee to Give Notice of Default, But May Withhold in Certain Circumstances. The Trustee shall give to the Securityholders of any series, as the names and addresses of such Holders appear on the registry books, notice by mail of all defaults known to Responsible Officers of the Trustee which have occurred with respect to such series, such notice to be transmitted within 90 days after the occurrence thereof, unless such defaults shall have been cured before the giving of such notice (the term “default” or “defaults” for the purposes of this section being hereby defined to mean any event or condition which is, or with notice or lapse of time or both would become, an Event of Default); provided that, except in the case of default in the payment of the principal Principal of or interest on any of the Securities of such series, or in the payment of any sinking or purchase fund installment with respect to the Securities of such series, the 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 or trustees and/or Responsible Officers of the Trustee in good faith determines that the withholding of such notice is in the interests of the Securityholders of such series.

Appears in 2 contracts

Samples: Indenture (Loop Media, Inc.), Formfactor Inc

Trustee to Give Notice of Default, But May Withhold in Certain Circumstances. The Trustee shall give transmit to the Securityholders Holders of any seriesSeries of Securities notice, as in the names manner and addresses of such Holders appear on to the registry booksextent provided in Section 12.4 hereof, notice by mail of all defaults known to the Trustee which have occurred with respect to such series53 Series of which the Trustee has notice (as provided in Section 6.2(h) hereof), such notice to the Holders to be transmitted by the Trustee within the later of 90 days after the occurrence thereofthereof or 60 days after such default is actually known to a Responsible Officer, unless such defaults shall have been cured before the giving of such notice or unless such Holders have already transmitted notice to the Trustee of such defaults (the term “default” or “defaults” for the purposes of this section Section 5.11 being hereby defined to mean any event or condition which is, or with notice or lapse of time or both would become, an Event of Default); provided thatprovided, that except in the case of default in the payment of the principal of or interest on any of the Securities of such series, or in the payment of any sinking or purchase fund installment with respect to the Securities of such seriesSeries, the 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 or trustees and/or Responsible Officers of the Trustee in good faith determines that the withholding of such notice is in the interests of the Securityholders Holders of such seriesSeries.

Appears in 2 contracts

Samples: Indenture (F&G Annuities & Life, Inc.), Indenture (Fidelity National Financial, Inc.)

Trustee to Give Notice of Default, But May Withhold in Certain Circumstances. The Trustee shall give transmit to the Securityholders of any series, as the names and addresses of such Holders appear on the registry booksSecurity Register, notice by mail of all defaults known to a responsible officer of the Trustee which have occurred with respect to such series, such notice to be transmitted within 90 days after the occurrence thereof, unless such defaults shall have been cured before the giving of such notice (the term "default" or "defaults" for the purposes of this section Section being hereby defined to mean any event or condition which is, or with notice or lapse of time or both would become, an Event of Default); provided that, except in the case of default in the payment of the principal of of, or interest on premium, if any, or interest, if any, on, any of the Securities of such series, or in the payment of any sinking or purchase fund installment with respect to the Securities of such series, the Trustee shall be protected in withholding such notice if and so long as the board of directors, the executive committee, committee or a trust committee of directors or trustees and/or Responsible Officers responsible officers of the Trustee in good faith determines that the withholding of such notice is in the interests of the Securityholders of such series.

Appears in 2 contracts

Samples: Indenture (Idacorp Trust Iii), Indenture (Idacorp Trust Iii)

Trustee to Give Notice of Default, But May Withhold in Certain Circumstances. The Trustee shall give to the Securityholders of any series, as the names and addresses of such Holders appear on the registry books, notice by mail of all defaults known to the Trustee which have occurred with respect to such series, such notice to be transmitted within 90 days after the occurrence thereof, unless such defaults shall have been cured before the giving of such notice (the term “default” or “defaults” for the purposes of this section Section being hereby defined to mean any event or condition which is, or with notice or lapse of time or both would become, an Event of Default); provided that, except in the case of default in the payment of the principal of or interest on any of the Securities of such series, or in the payment of any sinking or purchase fund installment with respect to the Securities of such series, the Trustee shall be protected in withholding such notice if and so long as the board of directors, the executive committee, committee or a trust committee of directors or trustees and/or Responsible Officers of the Trustee in good faith determines that the withholding of such notice is in the interests of the Securityholders of such series.

Appears in 2 contracts

Samples: Teva Pharmaceutical Industries LTD, Teva Pharmaceutical Industries LTD

Trustee to Give Notice of Default, But May Withhold in Certain Circumstances. The Trustee shall give to the Securityholders Holders of any series, as the names and addresses of such Holders appear on the registry booksRegister, notice by mail of all defaults known to the Trustee which have occurred with respect to such series, such notice to be transmitted within 90 45 days after the occurrence thereof, unless such defaults shall have been cured before the giving of such notice (the term “default” or “defaults” for the purposes of this section being hereby defined to mean any event or condition which is, or with notice or lapse of time or both would become, an Event of Default); provided that, except in the case of default in the payment of the principal of or interest on any of the Securities of such series, or in the payment of any sinking or purchase fund installment with respect to the Securities of such series, the 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 or trustees and/or Responsible Officers responsible officers of the Trustee in good faith determines that the withholding of such notice is in the interests of the Securityholders Holders of such series.

Appears in 2 contracts

Samples: Indenture (Adobe Systems Inc), Adobe Systems Inc

Trustee to Give Notice of Default, But May Withhold in Certain Circumstances. The Trustee shall give transmit to the Securityholders of any seriesSeries notice in the manner and to the extent provided in Section 11.4, as the names and addresses of such Holders appear on the registry books, notice by mail of all defaults known to the Trustee which have occurred with respect to such seriesSeries, such notice to be transmitted within 90 days after the occurrence thereof, unless such defaults shall have been cured before the giving of such notice (the term "default" or "defaults" for the purposes of this section Section being hereby defined to mean any event or condition which is, or with notice or lapse of time or both would become, an Event of Default); provided that, except in the case of default in the payment of the principal of or interest on any of the Securities of such series, Series or any default in the payment of any sinking or purchase fund installment with or analogous obligation in respect to of any of the Securities of such seriesSeries, the 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 or trustees and/or or Responsible Officers of the Trustee in good faith determines that the withholding of such notice is in the interests of the Securityholders of such seriesSeries.

Appears in 2 contracts

Samples: Navistar International Corp, Navistar International Corp

Trustee to Give Notice of Default, But May Withhold in Certain Circumstances. The Trustee shall give to the Securityholders of any series, as the names and addresses of such Holders appear on the registry books, notice by mail of all defaults known to the Trustee which have occurred with respect to such series, such notice to be transmitted within 90 days after the occurrence thereof, unless such defaults shall have been cured before the giving of such notice (the term “default” or “defaults” for the purposes of this section Section 4.11 being hereby defined to mean any event or condition which is, or with notice or lapse of time or both would become, an Event of Default); provided that, except in the case of default in the payment of the principal of or interest on any of the Securities of such series, or in the payment of any sinking or purchase fund installment with respect to the Securities of such series, the 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 or trustees and/or Responsible Officers of the Trustee in good faith determines that the withholding of such notice is in the interests of the Securityholders of such series.

Appears in 2 contracts

Samples: Indenture (Smith & Nephew PLC), Smith & Nephew PLC

Trustee to Give Notice of Default, But May Withhold in Certain Circumstances. The Trustee shall give to the Securityholders Holders of any seriesall of the Securities of all series affected, as the names and addresses of such Holders appear on the registry booksRegister, notice by mail of all defaults Events of Default known to the Trustee which have occurred with respect to such series, such notice to be transmitted within 90 45 days after the occurrence Trustee obtains actual knowledge thereof, unless such defaults Events of Default shall have been cured before the giving of such notice (the term “default” or “defaults” for the purposes of this section being hereby defined to mean any event or condition which is, or with notice or lapse of time or both would become, an Event of Default)notice; provided that, except in the case of default in the payment of the principal of or interest on any of the Securities of such series, or in the payment of any sinking or purchase fund installment with respect to the Securities of such series, the 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 or trustees and/or Responsible Officers responsible officers of the Trustee in good faith determines that the withholding of such notice is in the interests of the Securityholders Holders of such series.

Appears in 2 contracts

Samples: Indenture (Leidos Holdings, Inc.), Leidos Holdings, Inc.

Trustee to Give Notice of Default, But May Withhold in Certain Circumstances. The Trustee shall give transmit to the Securityholders of any seriesSeries notice, as in the names manner and addresses of such Holders appear on to the registry booksextent provided in Section 14.4, notice by mail of all defaults known to the Trustee which have occurred with 35 respect to such seriesSeries, such notice to be transmitted within 90 days after the occurrence thereof, unless such defaults shall have been cured before the giving of such notice (the term “default” or “defaults” for the purposes of this section Section 5.11 and Section 6.2(h) being hereby defined to mean any event or condition which is, or with notice or lapse of time or both would become, an Event of Default); provided that, except in the case of default in the payment of the principal of or interest on any of the Securities of such series, Series or any default in the payment of any sinking or purchase fund installment with or analogous obligation in respect to of any of the Securities of such seriesSeries, the 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 or trustees and/or Responsible Officers of the Trustee in good faith determines that the withholding of such notice is in the interests of the Securityholders of such seriesSeries. In the case of any default of the character specified in Section 5.1(c) with respect to Securities of such Series, no such notice to Holders shall be given until at least 30 days after the occurrence thereof.

Appears in 1 contract

Samples: Lithia Motors Inc

Trustee to Give Notice of Default, But May Withhold in Certain Circumstances. The Trustee shall give transmit to the Securityholders of any series, as the names and addresses of such Holders appear on the registry books, notice by mail of all defaults known to the Trustee which have occurred with respect to such series, such notice to be transmitted within 90 days after the occurrence thereof, unless such defaults shall have been cured before the giving of such notice (the term "default" or "defaults" for the purposes of this section Section being hereby defined to mean any event or condition which is, or with notice or lapse of time or both would become, an Event of Default); provided that, except in the case of default in the payment of the principal of or interest on any of the Securities of such series, or in the payment of any sinking or purchase fund installment with respect to the Securities of such series, the 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 or trustees and/or or Responsible Officers of the Trustee in good faith determines that the withholding of such notice is in the interests of the Securityholders of such such, series.

Appears in 1 contract

Samples: Indenture (General Mills Inc)

Trustee to Give Notice of Default, But May Withhold in Certain Circumstances. The Trustee shall give transmit to the Securityholders Holders of any series, as the names and addresses of such Holders appear on the registry books, notice by mail of all defaults known to the Trustee which have occurred with respect to such seriesseries of which the Trustee has received written notice, such notice to be transmitted within 90 days after the occurrence thereof, unless such defaults shall have been cured before the giving of such notice (the term “default” or “defaults” for the purposes of this section Section being hereby defined to mean any event or condition which is, or with notice or lapse of time or both would become, an Event of Default); provided that, except in the case of default in the payment of the principal of of, premium, if any, on or interest on any of the Securities of such series, series or in the payment making of any sinking or purchase fund installment payment with respect to the Securities of such series, the 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 or trustees and/or Responsible Officers of the Trustee in good faith determines that the withholding of such notice is in the interests of the Securityholders Holders of such series.

Appears in 1 contract

Samples: Indenture (Air Products & Chemicals Inc /De/)

Trustee to Give Notice of Default, But May Withhold in Certain Circumstances. The Trustee shall give to the Securityholders of any seriesshall, as the names and addresses of such Holders appear on the registry books, notice by mail of all defaults known to the Trustee which have occurred with respect to such series, such notice to be transmitted within 90 days after the occurrence thereofof a default with respect to the Securities of any series, give notice of all defaults with respect to that series known to the Trustee by mailing notice to the Holders of then Outstanding Securities of each series affected at their addresses as they shall appear on the Security register, unless in each case such defaults shall have been cured before the giving mailing of such notice (the term “default” or “defaults” for the purposes purpose of this section Section being hereby defined to mean any event or condition which is, or with notice or lapse of time or both would become, an a Default or Event of Default); provided that, except in the case of default in the payment of the principal of or interest on any of the Securities of such series, or in the payment of any sinking or purchase fund installment with respect to the Securities of on such series, the 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 or trustees and/or Responsible Officers of the Trustee in good faith determines that the withholding of such notice is in the interests of the Securityholders of such series.

Appears in 1 contract

Samples: Bbva Compass Bancshares, Inc

Trustee to Give Notice of Default, But May Withhold in Certain Circumstances. The Trustee shall give shall, at the Issuer's expense, transmit to the Securityholders Holders of any seriesSecurities, as the names and addresses of such Holders appear on the registry books, notice by mail of all defaults known to the Trustee which have occurred with respect to such seriesTrustee, such notice to be transmitted within 90 days after the occurrence thereof, unless such defaults shall have been cured before the giving of such notice (the term "default" or "defaults" for the purposes of this section Section being hereby defined to mean any event or condition which is, or with notice or lapse of time or both would become, an Event of Default); provided that, except in the case of default in the payment of the principal of or premium of, if any, or interest on any of the Securities of such series, or in the payment of any sinking or purchase fund installment with respect to the Securities of such seriesSecurities, the 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 or trustees and/or Responsible Officers of the Trustee in good faith determines that the withholding of such notice is in the interests of the Securityholders of such seriesSecurityholders.

Appears in 1 contract

Samples: Chancellor Media Corp/

Trustee to Give Notice of Default, But May Withhold in Certain Circumstances. The Trustee shall give transmit to the Debt Securityholders of any series, as the names and addresses of such Holders appear on the registry books, notice by mail of all defaults known to the Trustee which have occurred with respect to such series, such notice to be transmitted within 90 days after the occurrence thereof, unless such defaults shall have been cured before the giving of such notice (the term "default" or "defaults" for the purposes of this section Section being hereby defined to mean any event or condition which is, or with notice or lapse of time or both would become, an Event of Default); provided PROVIDED that, except in the case of default in the payment of the principal of or interest on any of the Securities of such series, or in the payment of any sinking or purchase fund installment with respect to the Debt Securities of such series, the 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 or trustees and/or Responsible Officers responsible officers of the Trustee in good faith determines that the withholding of such notice is in the interests of the Debt Securityholders of such series.

Appears in 1 contract

Samples: Trust Indenture (Financial Security Assurance Holdings LTD/Ny/)

Trustee to Give Notice of Default, But May Withhold in Certain Circumstances. The Trustee shall give shall, within ninety (90) days after the occurrence of a default with respect to the Securityholders Securities of any series, as the names and addresses of such Holders appear on the registry books, give written notice by mail of all defaults known to the Trustee which have occurred with respect to that series for which the Trustee has received written notice or which is actually known to a Responsible Officer to all Holders of Securities of such series, such notice series in the manner and to be transmitted within 90 days after the occurrence thereofextent provided in Section 313(c) of the Trust Indenture Act, unless such defaults shall have been cured before the giving sending of such notice (the term “default” or “defaults” for the purposes purpose of this section Section being hereby defined to mean any event or condition which is, or with notice or lapse of time or both would become, an Event of Default); provided provided, that, except in the case of default in the payment of the principal of or interest on any of the Securities of such series, or in the payment of any sinking or purchase fund installment with respect to the Securities of such series, series the 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 or trustees and/or Responsible Officers of the Trustee it in good faith determines that the withholding of such notice is in the interests of the Securityholders of such series.

Appears in 1 contract

Samples: Indenture (PayPal Holdings, Inc.)

Trustee to Give Notice of Default, But May Withhold in Certain Circumstances. The Trustee shall give to the Securityholders Holders of any series, as the names and addresses of such Holders appear on the registry booksRegister, notice by mail of all defaults actually known to a Responsible Officer of the Trustee which have occurred with respect to such series, such notice to be transmitted within 90 30 days after a Responsible Officer of the occurrence Trustee has received written notice from the Issuer thereof or otherwise obtained actual knowledge thereof, unless such defaults shall have been cured before the giving of such notice (the term “default” or “defaults” for the purposes of this section being hereby defined to mean any event or condition which is, or with notice or lapse of time or both would become, an Event of Default); provided that, except in the case of default in the payment of the principal of or interest on any of the Securities of such series, or in the payment of any sinking or purchase fund installment with respect to the Securities of such series, the 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 or trustees and/or Responsible Officers of the Trustee in good faith determines determine that the withholding of such notice is in the interests of the Securityholders Holders of such series.

Appears in 1 contract

Samples: Workday, Inc.

Trustee to Give Notice of Default, But May Withhold in Certain Circumstances. The Trustee shall give transmit to the Securityholders of any series, as the names and addresses of such Holders appear on the registry booksSecurity Register, notice by mail of all defaults known to a responsible officer of the Trustee which have occurred with respect to such series, such notice to be transmitted within 90 days after the occurrence thereof, unless such defaults shall have been cured before the giving of such notice (the term "default" or "defaults" for the purposes of this section Section being hereby defined to mean any event or condition which is, or with notice or lapse of time or both would become, an Event of Default); provided PROVIDED that, except in the case of default in the payment of the principal of of, or interest on premium, if any, or interest, if any, on, any of the Securities of such series, or in the payment of any sinking or purchase fund installment with respect to the Securities of such series, the Trustee shall be protected in withholding such notice if and so long as the board of directors, the executive committee, committee or a trust committee of directors or trustees and/or Responsible Officers responsible officers of the Trustee in good faith determines that the withholding of such notice is in the interests of the Securityholders of such series.

Appears in 1 contract

Samples: Idaho Power Co

Trustee to Give Notice of Default, But May Withhold in Certain Circumstances. The Trustee shall give transmit to the Securityholders of any series, as the names and addresses of such Holders appear on the registry books, notice by mail of all defaults known to the Trustee which have occurred with respect to such series, such notice to be transmitted within 90 days after the occurrence thereof, unless such defaults shall have been cured before the giving of such notice (the term “default” or “defaults” for the purposes of this section Section being hereby defined to mean any event or condition which is, or with notice or lapse of time or both would become, an Event of Default); provided that, except in the case of default in the payment of the principal of of, interest on, or interest on any sinking fund installment or other similar obligation with respect to, any of the Securities of such series, or in the payment of any sinking or purchase fund installment with respect to the Securities of such series, the 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 or trustees and/or Responsible Officers of the Trustee in good faith determines that the withholding of such notice is in the interests of the Securityholders of such series.

Appears in 1 contract

Samples: Indenture (Universal Health Realty Income Trust)

AutoNDA by SimpleDocs

Trustee to Give Notice of Default, But May Withhold in Certain Circumstances. The Trustee shall give to the Securityholders of any seriesshall, as the names and addresses of such Holders appear on the registry books, notice by mail of all defaults known to the Trustee which have occurred with respect to such series, such notice to be transmitted within 90 days after the occurrence thereofof a default with respect to the Securities of any series, give notice to the Securityholders of all defaults with respect to that series known to the Trustee in the manner and to the extent provided in Section 11.4, unless in each case such defaults shall have been cured before the giving mailing or publication of such notice (the term “default” or “defaults” for the purposes purpose of this section Section being hereby defined to mean any event or condition which is, or with notice or lapse of time or both would become, an Event of Default); provided provided, that, except in the case of default in the payment of the principal of or interest on any of the Securities of such series, or default in the payment of any sinking or purchase fund installment with respect to the Securities of on such series, the 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 or trustees and/or Responsible Officers of the Trustee in good faith determines that the withholding of such notice is in the interests of the Securityholders of such series.

Appears in 1 contract

Samples: Indenture (Wynn Resorts LTD)

Trustee to Give Notice of Default, But May Withhold in Certain Circumstances. The Trustee shall give transmit to the Securityholders of any seriesSeries notice in the manner and to the extent provided in Section 11.4, as the names and addresses of such Holders appear on the registry books, notice by mail of all defaults known to the Trustee which have occurred with respect to such seriesSeries, such notice to be transmitted within 90 days after the occurrence thereof, unless such defaults shall have been cured before the giving of such notice (the term “default” or “defaults” for the purposes of this section Section being hereby defined to mean any event or condition which is, or with notice or lapse of time or both would become, an Event of Default); provided that, except in the case of default in the payment of the principal of or interest on any of the Securities of such series, Series or any default in the payment of any sinking or purchase fund installment with or analogous obligation in respect to of any of the Securities of such seriesSeries, the 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 or trustees and/or or Responsible Officers of the Trustee in good faith determines that the withholding of such notice is in the interests of the Securityholders of such seriesSeries.

Appears in 1 contract

Samples: Joy Global Inc

Trustee to Give Notice of Default, But May Withhold in Certain Circumstances. The Trustee shall give to the Securityholders of any seriesshall, as the names and addresses of such Holders appear on the registry books, notice by mail of all defaults known to the Trustee which have occurred with respect to such series, such notice to be transmitted within 90 days after the occurrence thereofof a default with respect to the Securities of any series, give notice of all defaults with respect to such series known to the Trustee to all Holders of Securities of such series in the manner and to the extent provided in Section 4.4(c), unless in each case such defaults shall have been cured before the giving mailing or publication of such notice (the term "default” or “defaults” " for the purposes purpose of this section Article being hereby defined to mean any event or condition which is, or with notice or lapse of time or both would become, an Event of Default); provided that, except in the case of default in the payment of the principal of or interest the interest, if any, on any of the Securities of such series, or in the payment of any sinking or purchase fund installment with respect to the Securities of or analogous payment on such series, the Trustee shall be protected in withholding such notice if and so long as the board of directors, the executive committee, committee or a trust committee of directors or trustees and/or Responsible Officers of the Trustee in good faith determines that the withholding of such notice is in the interests of the Securityholders of such series.

Appears in 1 contract

Samples: Consumers Power Co Financing I

Trustee to Give Notice of Default, But May Withhold in Certain Circumstances. The Trustee shall give transmit to the Securityholders of any seriesHolders, as the names and addresses of such Holders appear on the registry booksSecurity Register, notice by mail of all defaults which have occurred and are known to the Trustee which have occurred with respect to such seriesTrustee, such notice to be transmitted within 90 ninety days after the occurrence thereof, unless such defaults shall have been cured before the giving of such notice (the term "default" or “defaults” "Defaults" for the purposes of this section Section being hereby defined to mean any event or condition which is, or with notice or lapse of time or both would become, an Event of Default); provided that, except in the case of default in the payment of the principal amounts payable in respect of or interest on any of the Securities of such series, or in the payment of any sinking or purchase fund installment with respect to the Securities of such seriesSecurities, the 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 or trustees and/or Responsible Officers of the Trustee in good faith determines that the withholding of such notice is in the interests of the Securityholders of such seriesHolders.

Appears in 1 contract

Samples: Contingent Payment Rights Agreement (Somatogen Inc)

Trustee to Give Notice of Default, But May Withhold in Certain Circumstances. The Trustee shall give to the Securityholders of any seriesshall, as the names and addresses of such Holders appear on the registry books, notice by mail of all defaults known to the Trustee which have occurred with respect to such series, such notice to be transmitted within 90 days after the occurrence thereofof a default with respect to the Securities of any series, give notice of all defaults with respect to that series known to the Trustee to all Holders of Securities of such series in the manner and to the extent provided in Section 313(c) of the Trust Indenture Act, unless in each case such defaults shall have been cured before the giving mailing or publication of such notice (the term “default” or “defaults” for the purposes purpose of this section Section being hereby defined to mean any event or condition which is, or with notice or lapse of time or both would become, an Event of Default); provided PROVIDED that, except in the case of default in the payment of the principal of or interest on any of the Securities of such series, or in the payment of any sinking or purchase fund installment with respect to the Securities of on such series, the 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 or trustees and/or Responsible Officers of the Trustee in good faith determines that the withholding of such notice is in the interests of the Securityholders of such series.

Appears in 1 contract

Samples: Exelon Corp

Trustee to Give Notice of Default, But May Withhold in Certain Circumstances. The Trustee shall give transmit to the Securityholders of any seriesSeries notice in the manner and to the extent provided in Section 11.4, as the names and addresses of such Holders appear on the registry books, notice by mail of all defaults known to the Trustee which have occurred with respect to such seriesSeries, such notice to be transmitted within 90 days after the occurrence thereof, unless such defaults shall have been cured before the giving of such notice (the term "default" or "defaults" for the purposes of this section Section being hereby defined to mean any event or condition which is, or with notice or lapse of time or both would become, an Event of Default); provided PROVIDED that, except in the case of default in the payment of the principal of or interest on any of the Securities of such series, Series or any default in the payment of any sinking or purchase fund installment with or analogous obligation in respect to of any of the Securities of such seriesSeries, the 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 or trustees and/or or Responsible Officers of the Trustee in good faith determines that the withholding of such notice is in the interests of the Securityholders of such seriesSeries.

Appears in 1 contract

Samples: Indenture (Office Depot Inc)

Trustee to Give Notice of Default, But May Withhold in Certain Circumstances. The Trustee shall give transmit to the Securityholders of any series, as the names and addresses of such Holders holders appear on the registry books, notice by mail of all defaults known to the Trustee which have occurred with respect to such seriesseries known to the Trustee, such notice to be transmitted within 90 days after the occurrence thereof, unless such defaults shall have been cured before the giving of such notice (the term “default” or “defaults” for the purposes of this section Section being hereby defined to mean any event or condition which is, or with notice or lapse of time or both would become, an Event of Default); provided that, except in the case of default in the payment of the principal of or interest on any of the Securities of such series, series or in the payment making of any sinking or purchase fund installment payment with respect to the Securities of such series, the 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 or trustees and/or Responsible Officers responsible officers of the Trustee in good faith determines that the withholding of such notice is in the interests of the Securityholders Security holders of such series.

Appears in 1 contract

Samples: Indenture (Tyme Technologies, Inc.)

Trustee to Give Notice of Default, But May Withhold in Certain Circumstances. The Trustee shall give to the Securityholders of any seriesshall, as the names and addresses of such Holders appear on the registry books, notice by mail of all defaults known to the Trustee which have occurred with respect to such series, such notice to be transmitted within 90 days after the occurrence thereofof a default with respect to the Securities of any series, give notice of all defaults with respect to that series known to the Trustee to all Holders of Securities of such series in the manner and to the extent provided in Section 313(c) of the Trust Indenture Act, unless in each case such defaults shall have been cured before the giving mailing or publication of such notice (the term "default” or “defaults” " for the purposes purpose of this section Section being hereby defined to mean any event or condition which is, or with notice or lapse of time or both would become, an Event of Default); provided PROVIDED, that, except in the case of default in the payment of the principal of or interest on any of the Securities of such series, or in the payment of any sinking or purchase fund installment with respect to the Securities of on such series, the 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 or trustees and/or Responsible Officers of the Trustee in good faith determines that the withholding of such notice is in the interests of the Securityholders of such series.

Appears in 1 contract

Samples: Exelon Corp

Trustee to Give Notice of Default, But May Withhold in Certain Circumstances. The Trustee shall give to the Securityholders of any series, as the names and addresses of such Holders appear on the registry books, notice by mail of all defaults known to the Trustee which have occurred with respect to such series, such notice to be transmitted within 90 days after the occurrence thereof, unless such defaults shall have been cured before the giving of such notice (the term “default” or “defaults” for the purposes of this section Section being hereby defined to mean any event or condition which is, or with notice or lapse of time or both would become, an Event of Default); provided that, except in the case of default in the payment of the principal of or interest on any of the Securities of such series, or in the payment of any sinking or purchase fund installment with respect to the Securities of such series, the Trustee shall be protected in withholding such notice if and so long as the board of directors, the executive committee, committee or a trust committee of directors or trustees and/or Responsible Officers of the Trustee in good faith determines that the withholding of such notice is in the interests of the Securityholders of such series.

Appears in 1 contract

Samples: Indenture (Murphy Oil Corp /De)

Trustee to Give Notice of Default, But May Withhold in Certain Circumstances. The Trustee shall give to the Securityholders of any seriesshall, as the names and addresses of such Holders appear on the registry books, notice by mail of all defaults known to the Trustee which have occurred with respect to such series, such notice to be transmitted within 90 days after the occurrence thereofof a Default with respect to the Securities of any series, give notice of all Defaults with respect to that series actually known to a Responsible Officer of the Trustee and to all Holders of Securities of such series in the manner and to the extent provided in Section 313(c) of the TIA, unless in each case such defaults Defaults shall have been cured before the giving mailing or publication of such notice (the term “default” or “defaults” for the purposes of this section being hereby defined to mean any event or condition which isnotice; provided, or with notice or lapse of time or both would become, an Event of Default); provided that, except in the case of default Default in the payment of the principal of or interest on any of the Securities of such series, or in the payment of any sinking or purchase fund installment with respect to the Securities of on such series, the 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 or trustees and/or Responsible Officers Officer of the Trustee in good faith determines that the withholding of such notice is in the interests of the Securityholders of such series.

Appears in 1 contract

Samples: Indenture (Reynolds American Inc)

Trustee to Give Notice of Default, But May Withhold in Certain Circumstances. The Trustee shall give transmit to the Securityholders Holders of any series, as the names and addresses of such Holders appear on the registry booksSecurity Register, notice by mail of all defaults known to a Responsible Officer of the Trustee which have occurred with respect to such series, such notice to be transmitted within 90 days after a Responsible Officer of the occurrence Trustee shall have knowledge thereof, as provided in Section 7.2(i), unless such defaults shall have been cured or waived before the giving of such notice (the term “default” or “defaults” for the purposes of this section Section being hereby defined to mean any event or condition which is, or with notice or lapse of time or both would become, an Event of Default); provided that, except in the case of default in the payment of the principal of of, premium (if any) or interest on on, or any Additional Amounts with respect to, any of the Securities of such series, or in the payment of any sinking or purchase fund installment with respect to the Securities of such series, the Trustee shall be protected in withholding such notice if and so long as the board of directors, the executive committee, committee or a trust committee of directors or trustees and/or Responsible Officers of the Trustee in good faith determines that the withholding of such notice is in the interests of the Securityholders Holders of such series.

Appears in 1 contract

Samples: Indenture (Sirius International Insurance Group, Ltd.)

Trustee to Give Notice of Default, But May Withhold in Certain Circumstances. The Trustee shall give transmit to the Securityholders of any series, as the names and addresses of such Holders appear on the registry books, notice by mail of all defaults known to the Trustee which have occurred with respect to such series, such notice to be transmitted within 90 days after the occurrence thereof, unless such defaults shall have been cured before the giving of such notice (the term "default" or "defaults" for the purposes of this section Section being hereby defined to mean any event or condition which is, or with notice or lapse of time or both would become, an Event of Default); provided that, except in the case of default in the payment of the principal of of, interest on, or interest on any sinking fund installment or other similar obligation with respect to, any of the Securities of such series, or in the payment of any sinking or purchase fund installment with respect to the Securities of such series, the 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 or trustees and/or Responsible Officers of the Trustee in good faith determines that the withholding of such notice is in the interests of the Securityholders of such series.

Appears in 1 contract

Samples: Indenture (Emerson Electric Co)

Trustee to Give Notice of Default, But May Withhold in Certain Circumstances. The Trustee shall give to the Securityholders of any series, as the names and addresses of such Holders appear on the registry books, notice by mail of all defaults known to the Trustee which have occurred with respect to such series, such notice to be transmitted within 90 days after the occurrence thereof, unless such defaults shall have been cured before the giving of such notice (the term “default” or “defaults” for the purposes of this section Section being hereby defined to mean any event or condition which is, or with notice or lapse of time or both would become, an Event of Default); provided that, except in the case of default in the payment of the principal of or interest on any of the Securities of such series, or in the payment of any sinking or purchase fund installment with respect to the Securities of such series, the Trustee shall be Table of Contents protected in withholding such notice if and so long as the board of directors, the executive committee, or a trust committee of directors or trustees and/or Responsible Officers responsible officers of the Trustee in good faith determines that the withholding of such notice is in the interests of the Securityholders of such series.

Appears in 1 contract

Samples: Nokia Corp

Trustee to Give Notice of Default, But May Withhold in Certain Circumstances. The Trustee shall give to the Securityholders of any series, as the names and addresses of such Holders appear on the registry books, notice by mail of all defaults known to the Trustee which have occurred with respect to such series, such notice to be transmitted within 90 days after the occurrence thereof, unless such defaults shall have been cured before the giving of such notice (the term “default” or “defaults” for the purposes of this section being hereby defined to mean any event or condition which is, or with notice or lapse of time or both would become, an Event of Default); provided that, except in the case of default in the payment of the principal of or interest on any of the Securities of such series, or in the payment of any sinking or purchase fund installment with respect to the Securities of such series, the 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 or trustees and/or Responsible Officers of the Trustee it in good faith determines that the withholding of such notice is in the interests of the Securityholders of such series.

Appears in 1 contract

Samples: Senior Debt Indenture (Gazit Group Financial LLC)

Trustee to Give Notice of Default, But May Withhold in Certain Circumstances. The Trustee shall give transmit to the Securityholders of any seriesHolders, as the names and addresses of such Holders appear on the registry booksSecurity Register, notice by mail of all defaults which have occurred and are actually known to the Trustee which have occurred with respect to such seriesTrustee, such notice to be transmitted within 90 ninety days after the occurrence or knowledge thereof, unless such defaults shall have been cured before the giving of such notice (the term "default" or “defaults” "Defaults" for the purposes of this section Section being hereby defined to mean any event or condition which is, or with notice or lapse of time or both would become, an Event of Default); provided that, except in the case of default in the payment of the principal of or interest CVR Payout on any of the Securities of such series, or in the payment of any sinking or purchase fund installment with respect to the Securities of such seriesSecurities, the 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 or trustees and/or Responsible Officers of the Trustee in good faith determines that the withholding of such notice is in the interests of the Securityholders of such seriesHolders.

Appears in 1 contract

Samples: Contingent Value Rights Agreement (Hewlett Packard Erste Vermogensverw U Beteiligungsges MBH)

Trustee to Give Notice of Default, But May Withhold in Certain Circumstances. The Trustee shall give to the Securityholders Holders of any seriesall of the Securities of all series affected, as the names and addresses of such Holders appear on the registry booksRegister, notice by mail of all defaults Events of Default known to the Trustee which have occurred with respect to such series, such notice to be transmitted within 90 45 days after the occurrence Trustee obtains knowledge thereof, unless such defaults Events of Default shall have been cured before the giving of such notice (the term “default” or “defaults” for the purposes of this section being hereby defined to mean any event or condition which is, or with notice or lapse of time or both would become, an Event of Default)notice; provided that, except in the case of default in the payment of the principal of or interest on any of the Securities of such series, or in the payment of any sinking or purchase fund installment with respect to the Securities of such series, the 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 or trustees and/or Responsible Officers responsible officers of the Trustee in good faith determines that the withholding of such notice is in the interests of the Securityholders Holders of such series.

Appears in 1 contract

Samples: SAIC, Inc.

Trustee to Give Notice of Default, But May Withhold in Certain Circumstances. The Trustee shall give transmit to the Securityholders holders of any series, as the names and addresses of such Holders holders appear on the registry books, notice by mail of all defaults known to the Trustee which have occurred with respect to such seriesseries of which the Trustee has received written notice, such notice to be transmitted within 90 days after the occurrence thereof, unless such defaults shall have been cured before the giving of such notice (the term “default” or “defaults” for the purposes of this section Section being hereby defined to mean any event or condition which is, or with notice or lapse of time or both would become, an Event of Default); provided that, except in the case of default in the payment of the principal of of, premium, if any, on or interest on any of the Securities of such series, series or in the payment making of any sinking or purchase fund installment payment with respect to the Securities of such series, the 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 or trustees and/or Responsible Officers responsible officers of the Trustee in good faith determines that the withholding of such notice is in the interests of the Securityholders holders of such series.

Appears in 1 contract

Samples: Air Products And (Air Products & Chemicals Inc /De/)

Trustee to Give Notice of Default, But May Withhold in Certain Circumstances. The Trustee shall give to the Securityholders of any seriesNoteholders, as the names and addresses of such Holders appear on the registry booksRegister, notice by mail of all defaults known to the Trustee which have occurred with respect to such seriesTrustee, such notice to be transmitted within 90 days after the occurrence thereof, unless such defaults shall have been cured before the giving of such notice (the term “default” or “defaults” for the purposes of this section being hereby defined to mean any event or condition which is, or with notice or lapse of time or both would become, an Event of Default); provided that, except in the case of default in the payment of the principal of or interest on any of the Securities of such series, or in the payment of any sinking or purchase fund installment with respect to the Securities of such seriesSubordinated Notes, the 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 or trustees and/or Responsible Officers of the Trustee in good faith determines that the withholding of such notice is in the interests of the Securityholders Noteholders. Notice to Holders under this Section will be given in the manner and to the extent provided in Section 313(d) of such seriesTIA.

Appears in 1 contract

Samples: Abn Amro Bank Nv

Trustee to Give Notice of Default, But May Withhold in Certain Circumstances. The Trustee shall give to the Securityholders of any series, as the names and addresses of such Holders appear on the registry books, notice by mail of all defaults known to the Trustee which have occurred with respect to such series, such notice to be transmitted within 90 days after the occurrence thereof, unless such defaults shall have been cured before the giving of such notice (the term "default" or "defaults" for the purposes of this section Section being hereby defined to mean any event or condition which is, or with notice or lapse of time or both would become, an Event of Default); provided that, except in the case of default in the payment of the principal of or interest on any of the Securities of such series, or in the payment of any sinking or purchase fund installment instalment with respect to the Securities of such series, the Trustee shall be protected in withholding such notice if and so long as the board of directors, the executive committee, committee or a trust committee of directors or trustees and/or Responsible Officers of the Trustee in good faith determines that the withholding of such notice is in the interests of the Securityholders of such series.

Appears in 1 contract

Samples: Indenture (Murphy Oil Corp /De)

Trustee to Give Notice of Default, But May Withhold in Certain Circumstances. The Trustee shall give to the Securityholders of any series, as the names and addresses of such Holders appear on the registry books, notice by mail of all defaults known to the Trustee which have occurred with respect to such series, such notice to be transmitted within 90 days after the occurrence thereof, unless such defaults shall have been cured before the giving of such notice (the term "default" or "defaults" for the purposes of this section Section being hereby defined to mean any event or condition which is, or with notice or lapse of time or both would become, an Event of Default); provided that, except in the case of default in the payment of the principal of or interest on any of the Securities of such series, or in the payment of any sinking or purchase fund installment instalment with respect to the Securities of such series, the Trustee shall be protected in withholding such notice if and so sc long as the board of directors, the executive committee, or a trust committee of directors or trustees and/or Responsible Officers of the Trustee in good faith determines that the withholding of such notice is in the interests of the Securityholders of such series.

Appears in 1 contract

Samples: Satisfaction And (Tyco International LTD /Ber/)

Trustee to Give Notice of Default, But May Withhold in Certain Circumstances. The Trustee shall give transmit to the Securityholders of any seriesHolders, as the names and addresses of such Holders appear on the registry booksSecurity Register, notice by mail of all defaults which have occurred and are known to the Trustee which have occurred with respect to such seriesTrustee, such notice to be transmitted within 90 ninety days after the occurrence thereof, unless such defaults shall have been cured before the giving of such notice (the term “default” "DEFAULT" or “defaults” "DEFAULTS" for the purposes of this section Section being hereby defined to mean any event or condition which is, or with notice or lapse of time or both would become, an Event of Default); provided that, except in the case of default in the payment of the principal amounts payable in respect of or interest on any of the Securities of such series, or in the payment of any sinking or purchase fund installment with respect to the Securities of such seriesSecurities, the 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 or trustees and/or Responsible Officers of the Trustee in good faith determines that the withholding of such notice is in the interests of the Securityholders of such seriesHolders.

Appears in 1 contract

Samples: Hewlett Packard Co

Trustee to Give Notice of Default, But May Withhold in Certain Circumstances. The Trustee shall give to the Securityholders Holders of any series, as the names and addresses of such Holders appear on the registry booksRegister, notice by mail of all defaults actually known to a Responsible Officer of the Trustee which have occurred with respect to such series, such notice to be transmitted within 90 the later of 60 days after the occurrence thereof or 30 days after a Responsible Officer of the Trustee has received written notice from the Issuer thereof or otherwise obtained actual knowledge thereof, unless such defaults shall have been cured before the giving of such notice (the term “default” or “defaults” for the purposes of this section being hereby defined to mean any event or condition which is, or with notice or lapse of time or both would become, an Event of Default); provided that, except in the case of default in the payment of the principal of or interest on any of the Securities of such series, or in the payment of any sinking or purchase fund installment with respect to the Securities of such series, the 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 or trustees and/or Responsible Officers of the Trustee in good faith determines determine that the withholding of such notice is in the interests of the Securityholders Holders of such series.

Appears in 1 contract

Samples: Illumina, Inc.

Trustee to Give Notice of Default, But May Withhold in Certain Circumstances. The Trustee shall give to the Securityholders of any series, as the names and addresses of such Holders appear on the registry books, notice by mail of all defaults known to the Trustee which have occurred with respect to such series, such notice to be transmitted within 90 days after the occurrence thereof, unless such defaults shall have been cured before the giving of such notice (the term "default" or "defaults" for the purposes of this section Section being hereby defined to mean any event or condition which is, or with notice or lapse of time or both would become, an Event of Default); provided that, except in the case of default in the payment of the principal of (premium, if any) or interest on any of the Securities of such series, or in the payment of any sinking or purchase fund installment with respect to the Securities of such series, the 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 or trustees and/or Responsible Officers responsible officers of the Trustee in good faith determines that the withholding of such notice is in the interests of the Securityholders of such series.

Appears in 1 contract

Samples: Irvine Apartment Communities L P

Trustee to Give Notice of Default, But May Withhold in Certain Circumstances. The Trustee shall give transmit to the Securityholders of any seriesSeries notice in the manner and to the extent provided in Section 11.6, as the names and addresses of such Holders appear on the registry books, notice by mail of all defaults known to the Trustee which have occurred with respect to such seriesSeries, such notice to be transmitted within 90 days after the occurrence thereof, unless such defaults shall have been cured before the giving of such notice (the term "default" or "defaults" for the purposes of this section Section being hereby defined to mean any event or condition which is, or with notice or lapse of time or both would become, an Event of Default); provided that, except in the case of default in the payment of the principal of or interest on any of the Securities of such series, Series or any default in the payment of any sinking or purchase fund installment with or analogous obligation in respect to of any of the Securities of such seriesSeries, the 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 or trustees and/or or Responsible Officers of the Trustee in good faith determines that the withholding of such notice is in the interests of the Securityholders of such seriesSeries.

Appears in 1 contract

Samples: Indenture (Joy Global Inc)

Trustee to Give Notice of Default, But May Withhold in Certain Circumstances. The Trustee shall give transmit to the Securityholders of any seriesSeries notice in the manner and to the extent provided in Section 11.4, as the names and addresses of such Holders appear on the registry books, notice by mail of all defaults known to the Trustee which have occurred with respect to such seriesSeries, such 50 notice to be transmitted within 90 days after the occurrence thereof, unless such defaults shall have been cured before the giving of such notice (the term "default" or "defaults" for the purposes of this section Section being hereby defined to mean any event or condition which is, or with notice or lapse of time or both would become, an Event of Default); provided that, except in the case of default in the payment of the principal of or interest on any of the Securities of such series, Series or any default in the payment of any sinking or purchase fund installment with or analogous obligation in respect to of any of the Securities of such seriesSeries, the 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 or trustees and/or or Responsible Officers of the Trustee in good faith determines that the withholding of such notice is in the interests of the Securityholders of such seriesSeries.

Appears in 1 contract

Samples: Satisfaction And (Enhance Financial Services Group Inc)

Trustee to Give Notice of Default, But May Withhold in Certain Circumstances. The Trustee shall give transmit to the Securityholders of any seriesSeries notice in the manner and to the extent provided in Section 12.4, as the names and addresses of such Holders appear on the registry books, notice by mail of all defaults known to the Trustee which have occurred with respect to such seriesSeries, such notice to be transmitted within 90 days after the occurrence thereof, unless such defaults shall have been cured before the giving of such notice (the term "default" or "defaults" for the purposes of this section Section being hereby defined to mean any event or condition which is, or with notice or lapse of time or both would become, an Event of Default); provided that, except in the case of default in the payment of the principal of or interest on any of the Securities of such series, Series or any default in the payment of any sinking or purchase fund installment with or analogous obligation in respect to of any of the Securities of such seriesSeries, the 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 or trustees and/or or Responsible Officers of the Trustee in good faith determines that the withholding of such notice is in the interests of the Securityholders of such seriesSeries.

Appears in 1 contract

Samples: Satisfaction And (Enhance Financial Services Group Inc)

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