Common use of Trustee to Give Notice of Defaults Known to it, but May Withhold in Certain Circumstances Clause in Contracts

Trustee to Give Notice of Defaults Known to it, but May Withhold in Certain Circumstances. The Trustee shall, within 90 days after the occurrence of any default or Event of Default known to a Responsible Officer hereunder with respect to the Securities of any series, give to the holders of the Securities of such series in the manner and to the extent provided in subsection (c) of Section 5.4 with respect to reports pursuant to subsection (a) of said Section 5.4, notice of such default actually known to the Trustee unless such default shall have been cured, remedied or waived before the giving of such notice (the term “default” for the purposes of this Section being hereby defined to be the events specified in clauses (c), (d) and (e) of Section 6.1 and default in the payment of the principal of or interest on Securities of any series, not including any periods of grace provided for therein, and irrespective of the giving of written notice specified therein); provided, however, 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 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 and/or Responsible Officers of the Trustee in good faith determines that the withholding of such notice is in the interest of the holders of the Securities of such series.

Appears in 1 contract

Samples: Trust Agreement (Laclede Gas Co)

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Trustee to Give Notice of Defaults Known to it, but May Withhold in Certain Circumstances. The Trustee shall, within 90 days after the occurrence of any a default or Event of Default known to a Responsible Officer hereunder with respect to the Securities of any a particular series, give transmit by mail, first class postage prepaid, to the holders of Debentures of that series, as their names and addresses appear upon the Securities Debenture Register, notice of such series in the manner and to the extent provided in subsection (c) of Section 5.4 all defaults with respect to reports pursuant to subsection (a) of said Section 5.4, notice of such default actually that series known to the Trustee Trustee, unless such default defaults shall have been cured, remedied or waived cured before the giving of such notice (the term “default” "defaults" for the purposes of this Section being hereby defined to be the events specified in clauses subsections (c1), (d2), (3), (4) and (e5) of Section 6.1 and default in the payment of the principal of or interest on Securities of any series6.01(a), not including any periods of grace provided for therein, therein and irrespective of the giving of written notice specified thereinprovided for by subsection (3) of Section 6.01(a)); provided, however, 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 Debentures of such that series or in the payment of any sinking fund installment established with respect to that 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 and/or Responsible Officers Officers, of the Trustee in good faith determines determine that the withholding of such notice is in the interest interests of the holders of Debentures of that series; provided further, that in the Securities case of any default of the character specified in Section 6.01(a)(3) with respect to Debentures of such seriesseries no such notice to the holders of the Debentures of that series shall be given until at least 30 days after the occurrence thereof. The Trustee shall not be deemed to have knowledge of any default, except (i) a default under subsection (a)(1) or (a)(2) of Section 6.01 as long as the Trustee is acting as paying agent for such series of Debentures or (ii) any default as to which a Responsible Officer of the Trustee shall have received written notice.

Appears in 1 contract

Samples: Houston Industries Inc

Trustee to Give Notice of Defaults Known to it, but May Withhold in Certain Circumstances. The Trustee shall, within 90 days after the occurrence of any a default or Event of Default known to a Responsible Officer hereunder with respect to the Securities of any a particular series, give transmit by mail, first class postage prepaid, to the holders of Debentures of that series, as their names and addresses appear upon the Securities Debenture Register, notice of such series in the manner and to the extent provided in subsection (c) of Section 5.4 all defaults with respect to reports pursuant to subsection (a) of said Section 5.4, notice of such default actually that series known to the Trustee Trustee, unless such default defaults shall have been cured, remedied or waived cured before the giving of such notice (the term “default” "defaults" for the purposes of this Section being hereby defined to be the events specified in clauses subsections (c1), (d2), (3), (4) and (e5) of Section 6.1 and default in the payment of the principal of or interest on Securities of any series6.01(a), not including any periods of grace provided for therein, therein and irrespective of the giving of written notice specified thereinprovided for by subsection (3) of Section 6.01(a)); provided, however, 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 Debentures of such that series or in the payment of any sinking fund installment established with respect to that 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 and/or Responsible Officers Officers, of the Trustee in good faith determines determine that the withholding of such notice is in the interest interests of the holders of Debentures of that series; provided further, that in the Securities case of any default of the character specified in Section 6.01(a)(3) with respect to Debentures of such seriesseries no such notice to the holders of the Debentures of that series shall be given until at least 30 days after the occurrence thereof. The Trustee shall not be deemed to have knowledge of any default, except (i) a default under subsection (a)(1) or (a)(2) of Section 6.01 as long as the Trustee is acting as paying agent for such series of Debentures or (ii) any default as to which the Trustee shall have received written notice or a Responsible Officer charged with the administration of this Indenture shall have obtained written notice.

Appears in 1 contract

Samples: Aes Corporation

Trustee to Give Notice of Defaults Known to it, but May Withhold in Certain Circumstances. The Trustee shall, within 90 days after the occurrence of any default or Event of a Default known to a Responsible Officer hereunder with respect to the Securities of any a particular series, give transmit by mail, first class postage prepaid, to the holders of Debentures of that series, as their names and addresses appear upon the Securities Debenture Register, notice of such series in the manner and to the extent provided in subsection (c) of Section 5.4 all Defaults with respect to reports pursuant to subsection (a) of said Section 5.4, notice of such default actually that series known to the Trustee Trustee, unless such default Defaults shall have been cured, remedied or waived cured before the giving of such notice (the term “default” "Defaults" for the purposes of this Section being hereby defined to be the events specified in clauses subsections (c1), (d2), (3), (4), (5) and (e6) of Section 6.1 and default in the payment of the principal of or interest on Securities of any series6.01(a), not including any periods of grace provided for therein, therein and irrespective of the giving of written notice specified thereinprovided for by subsection (3) of Section 6.01(a)); provided, however, provided that, except in the case of default in the payment of the principal of of, any premium or interest on or any Additional Amounts with respect to any of the Securities Debentures of such that series or in the payment of any sinking fund installment established with respect to that 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 and/or Responsible Officers Officers, of the Trustee in good faith determines determine that the withholding of such notice is in the interest interests of the holders of Debentures of that series; provided further, that in the Securities case of any Default of the character specified in Section 6.01(a)(3) with respect to Debentures of such series no such notice to the holders of the Debentures of that series shall be given until at least 30 days after the occurrence thereof. The Trustee shall not be deemed to have knowledge of any Default, except (i) a Default under subsection (a)(1) or (a)(2) of Section 6.01 (other than a Default in the payment of any Additional Amounts with respect to Debentures of such series.) as long as the Trustee is

Appears in 1 contract

Samples: Centex Trust Ii

Trustee to Give Notice of Defaults Known to it, but May Withhold in Certain Circumstances. The Trustee shall, within 90 days after the occurrence of any default or Event of Default known to a Responsible Officer hereunder with respect to the Securities of any series, give to the holders of the Securities of such series in the manner and to the extent provided in subsection (c) of Section 5.4 with respect to reports pursuant to subsection (a) of said Section 5.4, notice of such default actually known to the Trustee unless such default shall have been cured, remedied or waived before the giving of such notice (the term "default" for the purposes of this Section being hereby defined to be the events specified in clauses (c), (d) and (e) of Section 6.1 and default in the payment of the principal of or interest on Securities of any series, not including any periods of grace provided for therein, and irrespective of the giving of written notice specified therein); provided, however, 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 Trustee shall be protected in withholding such notice if and so long as the Board of Directors, the Executive Committeeexecutive committee, or a Trust Committee trust committee of directors and/or Responsible Officers of the Trustee in good faith determines that the withholding of such notice is in the interest of the holders of the Securities of such series.

Appears in 1 contract

Samples: Energy East Capital Trust Ii

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Trustee to Give Notice of Defaults Known to it, but May Withhold in Certain Circumstances. The Trustee shall, within 90 days after the occurrence of any default or Event of Default known to a Responsible Officer hereunder with respect to the Securities of any series, give to the holders of the Securities of such series in the manner and to the extent provided in subsection (c) of Section 5.4 5.04 with respect to reports pursuant to subsection (a) of said Section 5.45.04, notice of such default actually known to the Trustee unless such default shall have been cured, remedied or waived before the giving of such notice (the term "default" for the purposes of this Section being hereby defined to be the events specified in clauses (c), (d) and (e) of Section 6.1 and 6.01, default in the payment of the principal of or interest on Securities of any series, and any additional events specified in the terms of any series of Securities pursuant to Section 2.01, not including any periods of grace provided for therein, and irrespective of the giving of written notice specified thereinin any such terms, and irrespective of the delivery of any Officers' Certificate provided for in any such terms); provided, however, 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 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 and/or Responsible Officers of the Trustee in good faith determines that the withholding of such notice is in the interest of the holders of the Securities of such series.

Appears in 1 contract

Samples: Indenture (Bear Stearns Capital Trust V)

Trustee to Give Notice of Defaults Known to it, but May Withhold in Certain Circumstances. The Trustee shall, within 90 days after the occurrence of any default or Event of Default known to a Responsible Officer hereunder with respect to the Securities of any seriesSeries, give to the holders Holders of the Securities of such series Series in the manner and to the extent provided in subsection (c) of Section 5.4 5.04 with respect to reports pursuant to subsection (a) of said Section 5.45.04, notice of such default actually known to the Trustee unless such default shall have been cured, remedied or waived before the giving of such notice (the term "default" for the purposes of this Section 6.10 being hereby defined to be the events specified in clauses (c), (d) Section 6.01 and (e) of Section 6.1 and default any additional events specified in the payment of the principal of or interest on Securities terms of any series, Series of Securities pursuant to Section 2.01 not including any periods of grace provided for therein, and irrespective of the giving of written notice specified thereinin clause (d) of Section 6.01 and in any such terms); provided, however, that, that except in the case of default in the payment of the principal of or interest on any of the Securities of such seriesSeries, 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 and/or Responsible Officers of the Trustee in good faith determines that the withholding of such notice is in the interest of the holders Holders of the Securities of such seriesSeries.

Appears in 1 contract

Samples: Chevrontexaco Corp

Trustee to Give Notice of Defaults Known to it, but May Withhold in Certain Circumstances. The Trustee shall, within 90 days after the occurrence of any default or Event of Default known to a Responsible Officer hereunder with respect to the Securities of any seriesSeries, give to the holders Holders of the Securities of such series Series in the manner and to the extent provided in subsection (c) of Section 5.4 with respect to reports pursuant to subsection (a) of said Section 5.4, notice of such default actually known to the Trustee unless such default shall have been cured, remedied or waived before the giving of such notice (the term "default" for the purposes of this Section 6.10 being hereby defined to be the events specified in clauses (c), (d) and (e) of Section 6.1 and default any additional events specified in the payment of the principal of or interest on Securities terms of any series, Series of Securities pursuant to Section 2.1 not including any periods of grace provided for therein, and irrespective of the giving of written notice specified thereinin clause (d) of Section 6.1 and in any such terms); provided, however, that, that except in the case of default in the payment of the principal of or interest on any of the Securities of such seriesSeries, 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 and/or Responsible Officers of the Trustee in good faith determines that the withholding of such notice is in the interest of the holders Holders of the Securities of such seriesSeries.

Appears in 1 contract

Samples: Indenture (Providian Financing Iv)

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