Common use of Trustee to Give Notice of Default 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 9 contracts

Samples: Indenture (Orvet Pharmaceuticals Finance Sa), Indenture (Abn Amro Bank Nv), Indenture (Abn Amro Bank Nv)

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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 4 contracts

Samples: Indenture (Kellogg Co), Indenture (Kellogg Co), Satisfaction And (Enhance Financial Services Group Inc)

Trustee to Give Notice of Default. But May Withhold in Certain Circumstances. (a) 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 of 1939, 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 Event of Default); provided that, except in the case of a default in the payment of the principal of of, premium, if any, or interest on any ay 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 shall, by a Responsible Officer or Officers of the Trustee, determine that the withholding of such notice is in the interests of the Securityholders of such series.

Appears in 4 contracts

Samples: Indenture (American Equity Investment Life Holding Co), Indenture (American Equity Investment Life Holding Co), American Equity Investment Life Holding 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 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 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 3 contracts

Samples: Indenture (Comcast Mo Group Inc), Comcast Mo Group Inc, Mediaone Group 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 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 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, 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 3 contracts

Samples: Indenture (American Tower Corp /Ma/), Indenture (American Tower Corp /Ma/), Indenture (American Tower Corp /Ma/)

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 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 actually 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 2 contracts

Samples: Indenture (CMS Energy Trust Ii), Indenture (CMS Energy Corp)

Trustee to Give Notice of Default. But May Withhold in Certain Circumstances. 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 actually known to a Responsible Officer of 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 2 contracts

Samples: Indenture (Laclede Capital Trust I), Puget Sound Energy 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 2 contracts

Samples: Indenture (CMS Energy Corp), 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 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 2 contracts

Samples: Satisfaction And (Enhance Financial Services Group Inc), Cna Financial 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, 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, 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: Quanta Capital Holdings LTD, Endurance Specialty Holdings LTD

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 2 contracts

Samples: Indenture (Murphy Oil Corp /De), Indenture (Murphy Oil Corp /De)

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 1 contract

Samples: Indenture (Covanta Capital Trust Iii)

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 Sections 4.4(c) and 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: Whirlpool Corp /De/

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 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 "defaultsDefaults" 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: Rights Agreement (Baxter International 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 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 1 contract

Samples: RJR Acquisition 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 Sections 4.04(c) and 11.04, 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 (Whirlpool Emea Finance S.A R.L.)

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 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, 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: J P Morgan Chase & Co

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Trustee to Give Notice of Default. But May Withhold in Certain Circumstances. 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 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 1 contract

Samples: Indenture (Comcast 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 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 transmit to the Securityholders of any series--------------------- Series 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: Indenture (Dow Chemical Co /De/)

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 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 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, 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 1 contract

Samples: Platinum Underwriters Holdings LTD

Trustee to Give Notice of Default. But 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 1 contract

Samples: Astrazeneca PLC

Trustee to Give Notice of Default. But 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 1 contract

Samples: Financial Security Assurance Holdings LTD/Ny/

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 60 days after the occurrence Trustee shall have knowledge thereof, as provided in section 7.1(i), 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, 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 1 contract

Samples: Aspen Insurance Holdings LTD

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 to all Holders of then Outstanding Securities of that series, by mailing such notice to such Holders at their addresses as they shall appear in the registry books, unless in each case such defaults shall have been cured before the giving mailing or publication of such notice (the term "default" or "defaultsDEFAULT" 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 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 Securities of such series.

Appears in 1 contract

Samples: Science Applications International 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 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 Board of directorsDirectors, the executive committeeExecutive Committee, or a trust committee Trust Committee of directors Directors or trustees 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: Chubb 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 1 contract

Samples: E Trade Group 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 actually known to a Responsible Officer of the Trustee to all Holders of then Outstanding Securities of that series, by mailing such notice to such Holders at their addresses as they shall appear in the registry books, 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 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 Securities of such series.

Appears in 1 contract

Samples: Science Applications International Corp

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 1 contract

Samples: Leidos, Inc.

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