Event of Default; Notice. (a) The Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the Holders of all Preferred Securities, notices of all Events of Default actually known to a Responsible Officer of the Guarantee Trustee, unless such Events of Default have been cured before the giving of such notice, provided, that, except in the case of a default in the payment of a Guarantee Payment, the Guarantee Trustee shall be protected in withholding such notice if and so long as the Board of Directors and/or Responsible Officers of the Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders.
Appears in 8 contracts
Samples: Guarantee Agreement (Regions Financing Trust Ii), Guarantee Agreement (Regions Financing Trust Iii), Guarantee Agreement (Regions Financing Trust Ii)
Event of Default; Notice. (a) The Guarantee Trustee shall, within 90 days after the occurrence of a default which with notice or the passage of time, or both, could become an Event of Default, transmit by mail, first class postage prepaid, to the Holders of all Preferred SecuritiesHolders, notices of all Events of Default actually such defaults known to a Responsible Officer of the Guarantee Trustee, unless such Events of Default defaults have been cured before the giving of such notice, provided, that, except in the case of a default in the payment of a Guarantee Payment, the Guarantee Trustee shall be protected in withholding such notice if and so long as the Board of Directors Directors, the executive committee or a trust committee of directors and/or Responsible Officers of the Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders.
Appears in 8 contracts
Samples: Guarantee Agreement (Silicon Valley Bancshares), Guarantee Agreement (Silicon Valley Bancshares), Guarantee Agreement (Silicon Valley Bancshares)
Event of Default; Notice. (a) The Preferred Securities Guarantee Trustee shall, within 90 days after the occurrence of an Event of DefaultDefault with respect to this Preferred Securities Guarantee actually known to a Responsible Officer, transmit mail by mail, first class postage prepaid, to the Holders of all Preferred SecuritiesHolders, notices of all such Events of Default actually known to a Responsible Officer of the Guarantee TrusteeDefault, unless such Events of Default defaults have been cured before the giving of such notice, provided, that, except in the case of a default in the payment of a any Guarantee Payment, the Preferred Securities Guarantee Trustee shall be protected in withholding such notice if and so long as the Board board of Directors directors, the executive committee, or a trust committee of directors and/or a Responsible Officers of the Guarantee Trustee Officer in good faith determines that the withholding of such notice is in the interests of the Holders.
Appears in 7 contracts
Samples: Preferred Securities Guarantee Agreement (Dynegy Capital Trust Iii), Preferred Securities Guarantee Agreement (Dynegy Capital Trust Iii), Preferred Securities Guarantee Agreement (Illinois Power Co)
Event of Default; Notice. (a) The Capital Securities Guarantee Trustee shall, within 90 days after the occurrence of an Event of Defaulta default with respect to this Capital Securities Guarantee, transmit mail by mail, first class postage prepaid, to the Holders of all Preferred SecuritiesHolders, notices of all Events of Default defaults actually known to a Responsible Officer of the Guarantee TrusteeOfficer, unless such Events of Default defaults have been cured before the giving of such notice, provided, that, except in the case of a default in the payment of a any Guarantee Payment, the Capital Securities Guarantee Trustee shall be protected in withholding such notice if and so long as the Board board of Directors directors, the executive committee, or a trust committee of directors and/or a Responsible Officers of the Guarantee Trustee Officer in good faith determines that the withholding of such notice is in the interests of the Holders.
Appears in 6 contracts
Samples: Guarantee Agreement (Patriot Capital Trust I), Guarantee Agreement (Onbancorp Inc), Guarantee Agreement (Ml Bancorp Inc)
Event of Default; Notice. (a) The Guarantee Trustee shall, within 90 30 days after the occurrence of an Event of DefaultDefault known to the Guarantee Trustee, transmit by mail, first class postage prepaid, to the Holders Holders, notice of all Preferred Securities, notices of all Events any such Event of Default actually known to a Responsible Officer of the Guarantee Trustee, unless such Events Event of Default have has been cured before the giving of such notice, provided, provided that, except in the case of a default in the payment of a Guarantee Payment, the Guarantee Trustee shall be protected in withholding such notice if and so long as the Board of Directors Directors, the executive committee or a trust committee of directors and/or Responsible Officers of the Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders.
Appears in 5 contracts
Samples: Guarantee Agreement (Metlife Inc), Guarantee Agreement (Metlife Inc), Guarantee Agreement (Metlife Inc)
Event of Default; Notice. (a) The Guarantee Trustee shall, within 90 days after the occurrence of an Event of DefaultDefault known to the Guarantee Trustee, transmit by mail, first class postage prepaid, to the Holders of all the Company Preferred Securities, notices of all Events of Default actually known to a Responsible Officer of the Guarantee Trustee, unless such Events of Default unless such defaults have been cured or waived before the giving of such notice, ; provided, that, except in the case of a default in the payment of a Guarantee Payment, the Guarantee Trustee shall be protected in withholding such notice if and so long as the Board of Directors Directors, the executive committee or a trust committee of directors and/or Responsible Officers of the Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders.
Appears in 5 contracts
Samples: Administration Agreement (Teco Capital Trust Iii), Guarantee Agreement (Teco Capital Trust Iii), Guarantee Agreement (Teco Energy Inc)
Event of Default; Notice. (a) The Guarantee Trustee shall, within 90 days after the occurrence of an Event of DefaultDefault known to the Guarantee Trustee, transmit by mail, first class postage prepaid, to the Holders of all Preferred SecuritiesHolders, notices of all such Events of Default actually known to a Responsible Officer of the Guarantee TrusteeDefault, unless such Events of Default defaults have been cured or waived before the giving of such notice, provided, that, except in the case of a default in the payment by the Guarantor of a any amount due under this Guarantee PaymentAgreement, the Guarantee Trustee shall be protected in withholding such notice if and so long as a the Board board of Directors directors, the executive committee or a trust committee of directors and/or Responsible Officers of the Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders.
Appears in 5 contracts
Samples: Senior Debt Securities Guarantee Agreement (Renaissancere Holdings LTD), Subordinated Debt Securities Guarantee Agreement (Renaissancere Holdings LTD), Junior Subordinated Debt Securities Guarantee Agreement (Renaissancere Holdings LTD)
Event of Default; Notice. (a) The Guarantee Trustee shall, within 90 days after the occurrence of an Event of DefaultDefault actually known to a Responsible Officer of the Guarantee Trustee, transmit by mail, first class postage prepaid, to the Holders Holders, notice of all Preferred Securities, notices any such Event of all Events of Default actually known to a Responsible Officer of the Guarantee TrusteeDefault, unless such Events Event of Default have has been cured before the giving of such notice, provided, provided that, except in the case of a default in the payment of a Guarantee Payment, the Guarantee Trustee shall be protected in withholding such notice if and so long as the Board board of Directors directors, the executive committee or a trust committee of directors and/or Responsible Officers of the Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders.
Appears in 5 contracts
Samples: Guarantee Agreement (First Hawaiian Capital I), Guarantee Agreement (CSC Capital Iii), Guarantee Agreement (First Hawaiian Capital I)
Event of Default; Notice. (a) The Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the Holders Holders, a notice of all Preferred Securities, notices of all such Event or Events of Default actually known to a Responsible Officer of the Guarantee Trustee, unless such Events of Default default shall have been cured or waived before the giving of such notice, provided, provided that, except in the case of a default in the payment of a Guarantee Payment, the Guarantee Trustee shall be protected in withholding such notice if and so long as the Board board of Directors and/or directors, the executive committee, or a trust committee of directors or Responsible Officers of the Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders.
Appears in 4 contracts
Samples: Preferred Trust Securities Guarantee Agreement (FPL Group Capital Inc), Preferred Trust Securities Guarantee Agreement (FPL Group Inc), Preferred Trust Securities Guarantee Agreement (Florida Power & Light CO Trust II)
Event of Default; Notice. (a) The Guarantee Trustee shall, within 90 days after the occurrence of an Event of DefaultDefault actually known to the Guarantee Trustee, transmit by mail, first class postage prepaid, to the Holders of all Preferred SecuritiesHolders, notices of all such Events of Default actually known to a Responsible Officer of the Guarantee TrusteeDefault, unless such Events of Default defaults have been cured or waived before the giving of such notice, provided, that, except in the case of a default in the payment of a Guarantee Payment, the Guarantee Trustee shall be protected in withholding such notice if and so long as the Board board of Directors directors, the executive committee or a trust committee of directors and/or Responsible Officers of the Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders.
Appears in 4 contracts
Samples: Guarantee Agreement (Sce Trust I), Guarantee Agreement (Sce Trust I), Guarantee Agreement (Sce Trust I)
Event of Default; Notice. (a) The Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default, transmit by mail, first class postage prepaid, or, in the case the Guaranteed Securities are held in global form, in accordance with the applicable procedures of the Depositary (as defined in the Indenture), to the Holders of all Preferred SecuritiesHolders, notices of all Events of Default actually known to a Responsible Officer of the Guarantee Trustee, unless such Events of Default defaults have been cured or waived before the giving of such notice, provided, that, except in the case of a default in the payment of a Guarantee Payment, provided that the Guarantee Trustee shall be protected in withholding such notice if and so long as the Board board of Directors and/or directors, the executive committee, or a trust committee of directors or Responsible Officers of the Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders.
Appears in 4 contracts
Samples: Guarantee Agreement (NextEra Energy Partners, LP), Guarantee Agreement (Nextera Energy Inc), Guarantee Agreement (NextEra Energy Partners, LP)
Event of Default; Notice. (a) The Preferred Securities Guarantee Trustee shall, within 90 days after the occurrence of an Event of Defaulta default with respect to this Preferred Securities Guarantee, transmit mail by mail, first class postage prepaid, to the Holders of all Preferred SecuritiesHolders, notices of all Events of Default defaults actually known to a Responsible Officer of the Guarantee TrusteeOfficer, unless such Events of Default defaults have been cured before the giving of such notice, provided, that, except in the case of a default in the payment of a any Guarantee Payment, the Preferred Securities Guarantee Trustee shall be protected in withholding such notice if and so long as the Board board of Directors directors, the executive committee, or a trust committee of directors and/or a Responsible Officers of the Guarantee Trustee Officer in good faith determines that the withholding of such notice is in the interests of the Holders.
Appears in 3 contracts
Samples: Preferred Securities Guarantee Agreement (Sterling Bancshares Inc), Preferred Securities Guarantee Agreement (Sterling Bancshares Inc), Preferred Securities Guarantee Agreement (Sterling Bancshares Capital Trust Ii)
Event of Default; Notice. (a) The Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the Holders of all Preferred SecuritiesHolders, notices of all Events of Default actually known to a Responsible Officer of the Guarantee Trustee, unless such Events of Default actually have been cured before the giving of such notice, ; provided, that, except in the case of a default in the payment of a Guarantee Payment, the Guarantee Trustee shall be protected in withholding such notice if and so long as the Board of Directors Directors, the executive committee or a trust committee of directors and/or Responsible Officers of the Guarantee Trustee in good faith determines determine that the withholding of such notice is in the interests of the Holders.
Appears in 3 contracts
Samples: Guarantee Agreement (Enpro Industries Inc), Guarantee Agreement (Coltec Capital Trust), Guarantee Agreement (Enpro Industries Inc)
Event of Default; Notice. (a) The Guarantee Trustee shall, within 90 ninety (90) days after the occurrence of an Event of DefaultDefault known to the Guarantee Trustee, transmit by mail, first class postage prepaid, to the Holders of all Preferred SecuritiesHolders, notices of all such Events of Default actually known to a Responsible Officer of the Guarantee TrusteeDefault, unless such Events of Default defaults have been cured or waived before the giving of such notice, provided, that, except in the case of a default in the payment of a Guarantee Payment, the Guarantee Trustee shall be protected in withholding such notice if and so long as a the Board board of Directors directors, the executive committee or a trust committee of directors and/or Responsible Officers of the Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders.
Appears in 3 contracts
Samples: Preferred Securities Guarantee Agreement (Trenwick America Capital Trust Iii), Preferred Securities Guarantee Agreement (Trenwick America Capital Trust Iii), Preferred Securities Guarantee Agreement (Trenwick America Capital Trust Iii)
Event of Default; Notice. (a) The Guarantee Trustee shall, within 90 30 days after the occurrence of an Event of DefaultDefault known to the Guarantee Trustee, transmit by mail, first class postage prepaid, to the Holders Holders, notice of all Preferred Securities, notices of all Events any such Event of Default actually known to a Responsible Officer of the Guarantee Trustee, unless such Events Event of Default have has been cured before the giving of such notice, provided, provided that, except in the case of a default in the payment of a Guarantee Payment, the Guarantee Trustee shall be protected in withholding such notice if and so long as the Board board of Directors directors, the executive committee or a trust committee of directors and/or Responsible Officers of the Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders.
Appears in 3 contracts
Samples: Guarantee Agreement (Marshall & Ilsley Corp/Wi/), Guarantee Agreement (M&i Capital Trust C), Guarantee Agreement (South Financial Group Inc)
Event of Default; Notice. (a) The Guarantee Trustee shall, within 90 30 days after the occurrence of an Event of DefaultDefault actually known to the Guarantee Trustee, transmit by mail, first first-class postage prepaid, to the Holders of all Preferred SecuritiesHolders, notices of all Events of Default actually known to a Responsible Officer of the Guarantee Trustee, unless such Events of Default defaults have been cured before the giving of such notice, provided, ; provided that, except in the case of a default in the payment of a Guarantee Payment, the Guarantee Trustee shall be protected in withholding such notice if and so long as the Board board of Directors directors, the executive committee, or a trust committee of directors and/or Responsible Officers of the Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders.
Appears in 3 contracts
Samples: Securities Guarantee Agreement (Continental Airlines Inc /De/), Preferred Securities Guarantee Agreement (Carriage Services Inc), Preferred Securities Guarantee Agreement (Hanover Compressor Capital Trust)
Event of Default; Notice. (a) The Guarantee Trustee shall, within 90 days after the occurrence of an Event of DefaultDefault actually known to the Guarantee Trustee, transmit by mail, first class postage prepaid, to the Holders of all Preferred SecuritiesHolders, notices of all such Events of Default actually known to a Responsible Officer of the Guarantee TrusteeDefault, unless such Events of Default defaults have been cured or waived before the giving of such notice, provided, that, except in the case of a default in the payment of a Guarantee Payment, the Guarantee Trustee shall be protected in withholding such notice if and so long as the Board of Directors Directors, the executive committee or a trust committee of directors and/or Responsible Officers of the Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders.
Appears in 3 contracts
Samples: Guarantee Agreement (Progress Energy Inc), Guarantee Agreement (FPC Capital Ii), Guarantee Agreement (Oneok Inc /New/)
Event of Default; Notice. (a) The Preferred Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the Holders of all Preferred SecuritiesHolders, notices of all Events of Default actually known to a Responsible Officer of the Preferred Guarantee Trustee, unless such Events of Default defaults have been cured before the giving of such notice, provided, that, except in the case of a default in the payment of a Guarantee Payment, the Preferred Guarantee Trustee shall be protected in withholding such notice if and so long as the Board of Directors Directors, the executive committee or a trust committee of directors and/or Responsible Officers of the Preferred Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders.
Appears in 3 contracts
Samples: Guarantee Agreement (Public Service Co of Colorado), Guarantee Agreement (Public Service Co of Colorado), Guarantee Agreement (Baltimore Gas & Electric Co)
Event of Default; Notice. (a) 1. The Preferred Securities Guarantee Trustee shall, within 90 days after the occurrence of an Event of Defaulta default with respect to this Preferred Securities Guarantee, transmit mail by mail, first class postage prepaid, to the Holders of all Preferred SecuritiesHolders, notices of all Events of Default defaults actually known to a Responsible Officer of the Guarantee TrusteeOfficer, unless such Events of Default defaults have been cured before the giving of such notice, provided, that, except in the case of a default in the payment of a any Guarantee Payment, the Preferred Securities Guarantee Trustee shall be protected in withholding such notice if and so long as the Board board of Directors directors, the executive committee, or a trust committee of directors and/or a Responsible Officers of the Guarantee Trustee Officer in good faith determines that the withholding of such notice is in the interests of the Holders.
Appears in 3 contracts
Samples: Preferred Securities Guarantee Agreement (Sovereign Capital Trust Iv), Preferred Securities Guarantee Agreement (Sovereign Capital Trust Iv), Preferred Securities Guarantee Agreement (Sovereign Capital Trust Iv)
Event of Default; Notice. (a) The Guarantee Trustee shall, within 90 days after the occurrence of an Event of DefaultDefault actually known to the Guarantee Trustee, transmit by mail, first first-class postage prepaid, to the Holders of all Preferred SecuritiesHolders, notices of all Events of Default actually known to a Responsible Officer of the Guarantee Trustee, unless such Events of Default defaults have been cured before the giving of such notice, provided, ; provided that, except in the case of a default in the payment of a Guarantee Payment, the Guarantee Trustee shall be protected in withholding such notice if and so long as the Board board of Directors directors, the executive committee, or a trust committee of directors and/or Responsible Officers of the Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders.
Appears in 2 contracts
Samples: Preferred Securities Guarantee Agreement (Chemed Corp), Preferred Securities Guarantee Agreement (Chemed Capital Trust)
Event of Default; Notice. (a) The Preferred Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the Holders of all Preferred SecuritiesHolders, notices of all Events of Default actually known to a Responsible Officer of the Preferred Guarantee Trustee, unless such Events of Default defaults have been cured before the giving of such notice, provided, ; provided that, except in the case of a default in the payment of a Guarantee Payment, the Preferred Guarantee Trustee shall be protected in withholding such notice if and so long as the Board of Directors Directors, the executive committee or a trust committee of directors and/or Responsible Officers of the Preferred Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders.
Appears in 2 contracts
Samples: Guarantee Agreement (Scottish Annuity & Life Holdings LTD), Guarantee Agreement (Scottish Annuity & Life Holdings LTD)
Event of Default; Notice. (a) The Capital Securities Guarantee Trustee shall, within 90 days after the occurrence of an Event of DefaultDefault with respect to this Capital Securities Guarantee actually known to a Responsible Officer, transmit mail by mail, first class postage prepaid, to the Holders of all Preferred SecuritiesHolders, notices of all such Events of Default actually known to a Responsible Officer of the Guarantee TrusteeDefault, unless such Events of Default defaults have been cured before the giving of such notice, provided, that, except in the case of a default in the payment of a any Guarantee Payment, the Capital Securities Guarantee Trustee shall be protected in withholding such notice if and so long as the Board board of Directors directors, the executive committee, or a trust committee of directors and/or a Responsible Officers of the Guarantee Trustee Officer in good faith determines that the withholding of such notice is in the interests of the Holders.
Appears in 2 contracts
Samples: Capital Securities Guarantee Agreement (NGC Corp Capital Trust I), Guarantee Agreement (NGC Corp)
Event of Default; Notice. (a) The Guarantee Trustee shall, within 90 days after the occurrence of an Event of DefaultDefault known to the Guarantee Trustee, transmit by mail, first class postage prepaid, to the Holders of all Preferred SecuritiesHolders, notices of all such Events of Default actually known to a Responsible Officer of the Guarantee TrusteeDefault, unless such Events of Default defaults have been cured or waived before the giving of such notice, provided, that, except in the case of a default in the payment of a Guarantee Payment, the Guarantee Trustee shall be protected in withholding such notice if and so long as the Board of Directors Directors, the executive committee or a trust committee of directors and/or Responsible Officers of the Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders.
Appears in 2 contracts
Samples: Guarantee Agreement (Lincoln National Corp), Agreement (Lincoln National Corp)
Event of Default; Notice. (a) The Preferred Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the Holders of all the Preferred Securities, notices of all Events of Default actually known to a Responsible Officer of the Preferred Guarantee Trustee, unless such Events of Default defaults have been cured before the giving of such notice, provided, that, except in the case of a default in the payment of a Guarantee Payment, the Preferred Guarantee Trustee shall be protected in withholding such notice if and so long as the Board board of Directors directors, the executive committee, or a trust committee of directors and/or Responsible Officers of the Preferred Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the HoldersHolders of the Preferred Securities.
Appears in 2 contracts
Samples: Preferred Securities Guarantee Agreement (FBL Financial Group Inc), Preferred Securities Guarantee Agreement (American Equity Investment Life Holding Co)
Event of Default; Notice. (a) The Guarantee Trustee shall, within 90 days after the occurrence of an Event of DefaultDefault actually known to the Guarantee Trustee, transmit by mail, first first-class postage prepaid, to the Holders of all Preferred SecuritiesHolders, notices of all Events of Default actually known to a Responsible Officer of the Guarantee Trustee, unless such Events of Default defaults have been cured before the giving of such notice, provided, ; PROVIDED that, except in the case of a default in the payment of a Guarantee Payment, the Guarantee Trustee shall be protected in withholding such notice if and so long as the Board board of Directors directors, the executive committee, or a trust committee of directors and/or Responsible Officers of the Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders.
Appears in 2 contracts
Samples: Preferred Securities Guarantee (Chemed Capital Trust), Preferred Securities Guarantee (Chemed Corp)
Event of Default; Notice. (a) The Capital Securities Guarantee Trustee shall, within 90 days after the occurrence of an Event of Defaulta default with respect to this Capital Securities Guarantee, transmit mail by mail, first class postage prepaid, to the Holders of all Preferred SecuritiesHolders, notices of all Events of Default defaults actually known to a Responsible Officer of the Guarantee TrusteeOfficer, unless such Events of Default defaults have been cured before the giving of such notice, provided, that, except in the case of a default in the payment of a any Guarantee Payment, the Capital Securities Guarantee Trustee shall be protected in withholding such notice if and so long as the Board board of Directors and/or Responsible Officers directors, the executive committee, or a trust committee of directors of the Capital Securities Guarantee Trustee and/or a Responsible Officer in good faith determines that the withholding of such notice is in the interests of the Holders.
Appears in 2 contracts
Samples: Capital Securities Guarantee Agreement (Sovereign Bancorp Inc), Capital Securities Guarantee Agreement (Sovereign Bancorp Inc)
Event of Default; Notice. (a) The Guarantee Trustee shall, within 90 days after the occurrence of an Event of DefaultDefault known to the Guarantee Trustee, transmit by mail, first class postage prepaid, to the Holders of all Preferred SecuritiesHolders, notices of all such Events of Default actually known to a Responsible Officer of the Guarantee TrusteeDefault, unless such Events of Default defaults have been cured or waived before the giving of such notice, provided, that, that except in the case of a default in the payment of a Guarantee Payment, the Guarantee Trustee shall be protected in withholding such notice if and so long as a the Board board of Directors directors, the executive committee or a trust committee of directors and/or Responsible Officers of the Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders.
Appears in 2 contracts
Samples: Guarantee Agreement (MRM Capital Trust Iii), Preferred Securities Guarantee Agreement (MRM Capital Trust Iii)
Event of Default; Notice. (a) The Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the Holders of all Preferred SecuritiesHolders, notices of all Events of Default actually known to a Responsible Officer of the Guarantee Trustee, unless such Events of Default actually have been cured before the giving of such notice, provided; PROVIDED, that, except in the case of a default in the payment of a Guarantee Payment, the Guarantee Trustee shall be protected in withholding such notice if and so long as the Board of Directors Directors, the executive committee or a trust committee of directors and/or Responsible Officers of the Guarantee Trustee in good faith determines determine that the withholding of such notice is in the interests of the Holders.
Appears in 2 contracts
Samples: Guarantee Agreement (Goodrich B F Co), Guarantee Agreement (Enpro Industries Inc)
Event of Default; Notice. (a) The Capital Securities Guarantee Trustee shall, within 90 days after the occurrence of an Event of Defaulta default with respect to this Capital Securities Guarantee, transmit mail by mail, first class postage prepaid, to the Holders of all Preferred SecuritiesHolders, notices of all Events of Default defaults actually known to a Responsible Officer of the Guarantee TrusteeOfficer, unless such Events of Default defaults have been cured before the giving of such notice, provided, that, except in the case of a default in the payment of a any Guarantee Payment, the Capital Securities Guarantee Trustee shall be protected in withholding such notice if and so long as the Board board of Directors and/or Responsible Officers directors, the executive committee, or a trust committee of directors of the Guarantee Capital Securities Guaranty Trustee and/or a Responsible Officer in good faith determines that the withholding of such notice is in the interests of the Holders.
Appears in 2 contracts
Samples: Securities Guarantee Agreement (Sovereign Capital Trust V), Securities Guarantee Agreement (Sovereign Capital Trust V)
Event of Default; Notice. (a) The Guarantee Trustee shall, within 90 days after the occurrence of an Event of DefaultDefault known to a Responsible Officer of the Trustee, transmit by mail, first class postage prepaid, to the Holders of all Preferred SecuritiesHolders, notices of all Events of Default actually known to a Responsible Officer of the Guarantee Trustee, unless such Events of Default have been cured before the giving of such notice, ; provided, that, except in the case of a default in the payment of a Guarantee Payment, the Guarantee Trustee shall be protected in withholding such notice if and so long as the Board of Directors Directors, the executive committee or a trust committee of directors and/or a Responsible Officers of the Guarantee Trustee Officer in good faith determines that the withholding of such notice is in the interests of the Holders.
Appears in 2 contracts
Samples: Exchange Guarantee Agreement (Usb Holding Co Inc), Usb Holding Co Inc
Event of Default; Notice. (a) The Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the Holders of all Preferred SecuritiesHolders, notices of all Events of Default actually known to a Responsible Officer of the Guarantee Trustee, unless such Events of Default have been cured before the giving of such notice, provided, ; provided that, except in the case of a default in the payment of a Guarantee Payment, the Guarantee Trustee shall be protected in withholding such notice if and so long as the Board of Directors Directors, the executive committee or a trust committee of directors and/or Responsible Officers of the Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders.
Appears in 2 contracts
Samples: Guarantee Agreement (BNB Capital Trust), Guarantee Agreement (Broad National Bancorporation)
Event of Default; Notice. (a) The Capital Securities Guarantee Trustee shall, within 90 days after the occurrence of an Event of Defaulta default with respect to this Capital Securities Guarantee, transmit mail by mail, first class postage prepaid, to the Holders of all Preferred SecuritiesHolders, notices of all Events of Default defaults actually known to a Responsible Officer of the Guarantee TrusteeOfficer, unless such Events of Default defaults have been cured before the giving of such notice, provided, that, except in the case of a default in the payment of a any Guarantee Payment, the Capital Securities Guarantee Trustee shall be protected in withholding such notice if and so long as the Board board of Directors directors, the executive committee, or a trust committee of directors and/or a Responsible Officers of the Guarantee Trustee Officer in good faith determines that the withholding of such notice is in the interests of the Holdersholders of the Series B Capital Securities.
Appears in 2 contracts
Samples: Guarantee Agreement (Ml Capital Trust I), Guarantee Agreement (First Keystone Capital Trust I)
Event of Default; Notice. (a) The Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the Holders of all Preferred SecuritiesHolders, notices of all Events of Default actually known to a Responsible Officer of the Guarantee Trustee, unless such Events of Default defaults have been cured before the giving of such notice, provided, that, except in the case of a default in the payment of a Guarantee Payment, the Guarantee Trustee shall be protected in withholding such notice if and so long as the Board board of Directors directors, the executive committee or a trust committee of directors and/or Responsible Officers of the Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders.
Appears in 2 contracts
Samples: Guarantee Agreement (AmerUs Capital V), Guarantee Agreement (AmerUs Capital V)
Event of Default; Notice. (a) The Trust Preferred Securities Guarantee Trustee shall, within 90 days after the occurrence of an Event of Defaulta default with respect to this Trust Preferred Securities Guarantee, transmit mail by mail, first class postage prepaid, to the Holders of all Preferred SecuritiesHolders, notices of all Events of Default defaults actually known to a Responsible Officer of the Guarantee TrusteeOfficer, unless such Events of Default defaults have been cured before the giving of such notice, provided, that, except in the case of a default in the payment of a any Guarantee Payment, the Trust Preferred Securities Guarantee Trustee shall be protected in withholding such notice if and so long as the Board board of Directors directors, the executive committee, or a trust committee of directors and/or a Responsible Officers of the Guarantee Trustee Officer in good faith determines that the withholding of such notice is in the interests of the Holders.
Appears in 1 contract
Samples: Trust Preferred Securities Guarantee Agreement (Independent Capital Trust I)
Event of Default; Notice. (a) The Guarantee Trustee shall, within 90 days after the occurrence of an Event of DefaultDefault known to the Guarantee Trustee, transmit by mail, first class postage prepaid, to the Holders notice of all Preferred Securities, notices of all Events any such Event of Default actually known to a Responsible Officer of the Guarantee Trustee, unless such Events Event of Default have has been cured before the giving of such notice, provided, provided that, except in the case of a default in the payment of a Guarantee Payment, the Guarantee Trustee shall be protected in withholding such notice if and so long as the Board board of Directors directors, the executive committee or a trust committee of directors and/or Responsible Officers of the Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders.
Appears in 1 contract
Event of Default; Notice. (a) The Guarantee Trustee shall, within 90 30 days after the occurrence of an Event of DefaultDefault actually known to the Guarantee Trustee, transmit by mail, first first-class postage prepaid, to the Holders of all Preferred SecuritiesHolders, notices of all Events of Default actually known to a Responsible Officer of the Guarantee Trustee, unless such Events of Default defaults have been cured before the giving of such notice, provided, ; provided that, except in the case of a default in the payment of a Guarantee Payment, the Guarantee Trustee shall be protected in withholding such notice if and so long as the Board board of Directors directors, the executive committee, or a trust committee of directors and/or Responsible Officers of the Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders.. 13 8
Appears in 1 contract
Samples: Preferred Securities Guarantee Agreement (Union Pacific Capital Trust)
Event of Default; Notice. (a) The Guarantee Trustee shall, within 90 days after the occurrence of an Event of DefaultDefault known to the Guarantee Trustee, transmit by mail, first class postage prepaid, to the Holders Holders, notice of all Preferred Securities, notices of all Events any such Event of Default actually known to a Responsible Officer of the Guarantee Trustee, unless such Events Event of Default have has been cured before the giving of such notice, provided, provided that, except in the case of a default in the payment of a Guarantee Payment, the Guarantee Trustee shall be protected in withholding such notice if and so long as the Board of Directors Directors, the executive committee or a trust committee of directors and/or Responsible Officers of the Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders.
Appears in 1 contract
Event of Default; Notice. (a) The Capital Securities Guarantee Trustee shall, within 90 days after the occurrence of an Event of Defaulta default with respect to this Capital Securities Guarantee, transmit mail by mail, first class postage prepaid, to the Holders of all Preferred SecuritiesHolders, notices of all Events of Default defaults actually known to a Responsible Officer of the Guarantee TrusteeOfficer, unless such Events of Default defaults have been cured before the giving of such notice, provided, that, that except in the case of a default in the payment of a any Guarantee Payment, the Capital Securities Guarantee Trustee shall be protected in withholding such notice if and so long as the Board board of Directors directors, the executive committee, or a trust committee of directors and/or a Responsible Officers of the Guarantee Trustee Officer in good faith determines determine that the withholding of such notice is in the interests of the Holders.
Appears in 1 contract
Samples: Securities Guarantee Agreement (Premier Bancorp Inc /Pa/)
Event of Default; Notice. (a) The Convertible Debenture Guarantee Trustee shall, within 90 days after the occurrence of an Event of Defaulta default with respect to this Convertible Debenture Guarantee Agreement, transmit mail by mail, first class postage prepaid, to the Holders of all Preferred SecuritiesHolders, notices of all Events of Default defaults actually known to a Responsible Officer of the Guarantee TrusteeOfficer, unless such Events of Default defaults have been cured before the giving of such notice, provided, that, except in the case of a default in the payment of a Guarantee Paymentany amounts due under the Guarantees, the Convertible Debenture Guarantee Trustee shall be protected in withholding such notice if and so long as the Board board of Directors directors, the executive committee, or a trust committee of directors and/or a Responsible Officers of the Guarantee Trustee Officer in good faith determines that the withholding of such notice is in the interests of the Holders.
Appears in 1 contract
Samples: Convertible Debenture Guarantee Agreement (Weatherford International LTD)
Event of Default; Notice. (a) The Preferred Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the Holders of all Preferred SecuritiesHolders, notices of all Events of Default actually known to a Responsible Officer of the Preferred Guarantee Trustee, unless such Events of Default defaults have been 10 cured before the giving of such notice, provided, that, except in the case of a default in the payment of a Guarantee Payment, the Preferred Guarantee Trustee shall be protected in withholding such notice if and so long as the Board of Directors Directors, the executive committee or a trust committee of directors and/or Responsible Officers of the Preferred Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders.
Appears in 1 contract
Samples: Guarantee Agreement (Nationwide Financial Services Inc/)
Event of Default; Notice. (a) The Capital Securities Guarantee Trustee shall, within 90 days after the occurrence of an Event of Defaulta default with respect to this Capital Securities Guarantee, transmit mail by mail, first class postage prepaid, to the Holders of all Preferred SecuritiesHolders, notices of all Events of Default defaults actually known to a Responsible Officer of the Guarantee TrusteeOfficer, unless such Events of Default defaults have been cured before the giving of such notice, provided, that, except in the case of a default in the payment of a any Guarantee Payment, the Capital Securities Guarantee Trustee shall be protected in withholding such notice if and so long as the Board board of Directors directors, the executive committee, or a trust committee of directors and/or a Responsible Officers of the Guarantee Trustee officer in good faith determines that the withholding of such notice is in the interests of the Holders.
Appears in 1 contract
Samples: Capital Securities Guarantee Agreement (M&t Bank Corp)
Event of Default; Notice. (a) The Capital Securities Guarantee Trustee shall, within 90 days after the occurrence of an Event of Defaulta default with respect to this Capital Securities Guarantee, transmit mail by mail, first class postage prepaid, to the Holders of all Preferred SecuritiesHolders, notices of all Events of Default defaults actually known to a Responsible Officer of the Guarantee TrusteeOfficer, unless such Events of Default defaults have been cured before the giving of such notice, provided, that, except in the case of a default in the payment of a any Guarantee Payment, the Capital Securities Guarantee Trustee shall be protected in withholding such notice if and so long as the Board board of Directors directors, the executive committee, or a trust committee of directors and/or a Responsible Officers Officer of the Capital Securities Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders.
Appears in 1 contract
Samples: Capital Securities Guarantee Agreement (Pennsylvania Commerce Bancorp Inc)
Event of Default; Notice. (a) The Trust Capital Securities Guarantee Trustee shall, within 90 days after the occurrence of an Event of Defaulta default with respect to this Trust Capital Securities Guarantee, transmit mail by mail, first class postage prepaid, to the Holders of all Preferred SecuritiesHolders, notices of all Events of Default defaults actually known to a Responsible Officer of the Guarantee TrusteeOfficer, unless such Events of Default defaults have been cured before the giving of such notice, provided, that, except in the case of a default in the payment of a any Guarantee Payment, the Trust Capital Securities Guarantee Trustee shall be protected in withholding such notice if and so long as the Board board of Directors directors, the executive committee, or a trust committee of directors and/or a Responsible Officers of the Guarantee Trustee Officer in good faith determines that the withholding of such notice is in the interests of the Holders.
Appears in 1 contract
Samples: Securities Guarantee Agreement (Commerce Bancorp Inc /Nj/)
Event of Default; Notice. (a) The Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the Holders of all Preferred SecuritiesHolders, notices of all Events of Default actually known to a Responsible Officer of the Guarantee Trustee, unless such Events of Default defaults have been cured before the giving of such notice, provided, that, except in the case of a default in the payment of a Guarantee Payment, the Guarantee Trustee shall be fully protected in withholding such notice if and so long as the Board of Directors Directors, the executive committee or a trust committee of directors and/or Responsible Officers of the Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders.Guarantee
Appears in 1 contract
Event of Default; Notice. (a) The Guarantee Trustee shall, ------------------------ within 90 days after the occurrence of an Event of DefaultDefault actually known to the Guarantee Trustee, transmit by mail, first class postage prepaid, to the Holders of all Preferred SecuritiesHolders, notices of all such Events of Default actually known to a Responsible Officer of the Guarantee TrusteeDefault, unless such Events of Default defaults have been cured or waived before the giving of such notice, provided, that, except in the case of a default in the payment of a Guarantee Payment, the Guarantee Trustee shall be protected in withholding such notice if and so long as the Board board of Directors directors, the executive committee or a trust committee of directors and/or Responsible Officers of the Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders.
Appears in 1 contract
Samples: Guarantee Agreement (Eix Trust Iii)
Event of Default; Notice. (ai) The Guarantee Trustee shall, within 90 days after the occurrence of an Event of DefaultDefault known to the Guarantee Trustee, transmit by mail, first class postage prepaid, to the Holders of all Preferred SecuritiesHolders, notices of all such Events of Default actually known to a Responsible Officer of the Guarantee TrusteeDefault, unless such Events of Default defaults have been cured or waived before the giving of such notice, provided, that, except in the case of a default in the payment by the Guarantor of a any amount due under this Guarantee PaymentAgreement, the Guarantee Trustee shall be protected in withholding such notice if and so long as the Board board of Directors directors, the executive committee or a trust committee of directors and/or Responsible Officers of the Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders.
Appears in 1 contract
Samples: Senior Debt Securities Guarantee Agreement (Partnerre LTD)
Event of Default; Notice. (a) The Preferred Securities Guarantee Trustee shall, within 90 days after the occurrence of an Event of Defaulta default with respect to this Preferred Securities Guarantee, transmit mail by mail, first class postage prepaid, to the Holders of all Preferred SecuritiesHolders, notices of all Events of Default defaults actually known to a Responsible Officer of the Guarantee TrusteeOfficer, unless such Events of Default defaults have been cured before the giving of such notice, provided, that, except in the case of a default in the payment of a any Guarantee Payment, the Preferred Securities Guarantee Trustee shall be protected in withholding such notice if and so long as the Board board of Directors and/or Responsible Officers directors, the executive committee, or a trust committee of the Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders.directors and/or
Appears in 1 contract
Samples: Preferred Securities Guarantee Agreement (Sterling Bancshares Inc)
Event of Default; Notice. (a) The Preferred Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the Holders of all Preferred SecuritiesHolders, notices of all Events of Default actually known to a Responsible Officer of the Preferred Guarantee Trustee, unless such Events of Default defaults have been cured before the giving of such notice, provided, ; provided that, except in the case of a default in the payment of a Guarantee Payment, the Preferred Guarantee Trustee shall be protected in withholding such notice if and so long as the Board of Directors Directors, the executive committee or a trust committee of directors and/or Responsible Officers of the Preferred Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders.
Appears in 1 contract
Event of Default; Notice. (a1) The Guarantee Trustee shall, within 90 days after the occurrence of a default which with notice or the passage of time, or both, could become an Event of Default, transmit by mail, first class postage prepaid, to the Holders of all Preferred SecuritiesHolders, notices of all Events of Default actually such defaults known to a Responsible Officer of the Guarantee Trustee, unless such Events of Default defaults have been cured before the giving of such notice, provided, that, except in the case of a default in the payment of a Guarantee Payment, the Guarantee Trustee shall be protected in withholding such notice if and so long as the Board of Directors Directors, the executive committee or a trust committee of directors and/or Responsible Officers of the Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders.
Appears in 1 contract
Event of Default; Notice. (a) The Capital Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the Holders of all Preferred the Capital Securities, notices of all Events of Default actually known to a Responsible Officer of the Capital Guarantee Trustee, unless such Events of Default defaults have been cured before the giving of such notice, provided, that, except in the case of a default in the payment of a Guarantee Payment, the Capital Guarantee Trustee shall be protected in withholding such notice if and so long as the Board of Directors Directors, the executive committee or a trust committee of directors and/or a Responsible Officers Officer of the Capital Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the HoldersHolders of the Capital Securities.
Appears in 1 contract
Event of Default; Notice. (a) The Guarantee Trustee shall, within 90 days after the occurrence of an Event of DefaultDefault actually known to the Guarantee Trustee, transmit by mail, first class postage prepaid, to the Holders of all Preferred SecuritiesHolders, notices of all such Events of Default actually known to a Responsible Officer of the Guarantee TrusteeDefault, unless such Events of Default defaults have been cured or waived before the giving of such notice, provided, that, except in the case of a default in the payment of a Guarantee Payment, the Guarantee Trustee shall be protected in withholding such notice if and so long as the Board of Directors Directors, the executive committee or a trust committee of directors and/or Responsible Officers of the Guarantee Trustee in good faith determines that the withholding of such notice is in not adverse to the interests of the Holders.
Appears in 1 contract
Event of Default; Notice. (a) The Guarantee Trustee shall, within 90 days after the occurrence of an Event of DefaultDefault known to the Guarantee Trustee, transmit by mail, first class postage prepaid, to the Holders of all Preferred SecuritiesHolders, notices of all Events of Default actually known to a Responsible Officer of the Guarantee Trustee, unless such Events of Default unless such defaults have been cured or waived before the giving of such notice, ; provided, that, except in the case of a default in the payment of a Guarantee Payment, the Guarantee Trustee shall be protected in withholding such notice if and so long as the Board board of Directors directors, the executive committee or a trust committee of directors and/or Responsible Officers of the Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders.
Appears in 1 contract
Samples: Guarantee Agreement (Empire District Electric Trust Ii)
Event of Default; Notice. (a) The Guarantee Trustee shall, ------------------------ within 90 days after the occurrence of an Event of Default, transmit by mail, first first-class postage prepaid, to the Holders of all Preferred SecuritiesHolders, notices of all Events of Default actually known to a Responsible Officer of the Guarantee Trustee, unless such Events of Default defaults have been cured or waived before the giving of such notice, provided, ; provided that, except in the case of a default in the payment of a Guarantee Payment, the Guarantee Trustee shall be protected in withholding such notice if and so long as the Board of Directors Directors, the executive committee or a trust committee of directors and/or Responsible Officers of the Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders.
Appears in 1 contract
Event of Default; Notice. (a) The Trust PIERS Guarantee Trustee shall, within 90 days after the occurrence of an Event of Defaulta default with respect to this Trust PIERS Guarantee, transmit mail by mail, first class postage prepaid, to the Holders of all Preferred SecuritiesHolders, notices of all Events of Default defaults actually known to a Responsible Officer of the Guarantee TrusteeOfficer, unless such Events of Default defaults have been cured before the giving of such notice, provided, that, except in the case of a default in the payment of a any Guarantee Payment, the Trust PIERS Guarantee Trustee shall be protected in withholding such notice if and so long as the Board board of Directors and/or Responsible Officers directors, the executive committee, or a trust committee of directors of the Guarantee Trust PIERS Guaranty Trustee and/or a Responsible Officer in good faith determines that the withholding of such notice is in the interests of the Holders.
Appears in 1 contract
Event of Default; Notice. (a) The Guarantee Trustee shall, within 90 days after the occurrence of an Event of DefaultDefault known to the Guarantee Trustee, transmit by mail, first class postage prepaid, to the Holders of all Preferred SecuritiesHolders, notices of all Events of Default actually known to a Responsible Officer of the Guarantee Trustee, unless such Events of Default unless such defaults have been cured or waived before the giving of such notice, provided, that, except in the case of a default in the payment of a Guarantee Payment, the Guarantee Trustee shall be protected in withholding such notice if and so long as the Board of Directors Directors, the executive committee or a trust committee of directors and/or Responsible Officers of the Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders.
Appears in 1 contract
Event of Default; Notice. (a) The Capital Securities Guarantee Trustee shall, within 90 days after the occurrence of an Event of Defaulta default with respect to this Capital Securities Guarantee, transmit mail by mail, first class postage prepaid, to the Holders of all Preferred SecuritiesHolders, notices of all Events of Default defaults actually known to a Responsible Officer of the Guarantee TrusteeOfficer, unless such Events of Default defaults have been cured before the giving of such notice, provided, that, except in the case of a default in the payment of a any Guarantee Payment, the Capital Securities Guarantee Trustee shall be protected in withholding such notice if and so long as the Board board of Directors directors, the executive committee, or a trust committee of directors and/or a Responsible Officers of the Guarantee Trustee Officer in good faith determines that the withholding of such notice is in the interests of the HoldersHolders of the Series B Capital Securities.
Appears in 1 contract
Samples: Securities Guarantee Agreement (Progress Capital Trust I)
Event of Default; Notice. (a) The Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the Holders of all Preferred SecuritiesHolders, notices of all Events of Default actually known (as set forth in Section 2.07(b)) to a Responsible Officer of the Guarantee Trustee, unless such Events of Default defaults have been cured before the giving of such notice, provided, that, except in the case of a default in the payment of a Guarantee Payment, the Guarantee Trustee shall be protected in withholding such notice if and so long as the Board of Directors Directors, the executive committee or a trust committee of directors and/or Responsible Officers of the Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders.
Appears in 1 contract
Event of Default; Notice. (a) The Guarantee Trustee shall, within 90 days after the occurrence of an Event of DefaultDefault known to the Guarantee Trustee, transmit by mail, first class postage prepaid, to the Holders Holders, notice of all Preferred Securities, notices of all Events any such Event of Default actually known to a Responsible Officer of the Guarantee Trustee, unless such Events that Event of Default have has been cured before the giving of such that notice, provided, provided that, except in the case of a default in the payment of a Guarantee Payment, the Guarantee Trustee shall be protected in withholding such that notice if and so long as the Board board of Directors directors, the executive committee or a trust committee of directors, and/or Responsible Officers of the Guarantee Trustee in good faith determines that the withholding of such that notice is in the interests of the Holders.
Appears in 1 contract
Event of Default; Notice. (a) The Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default, transmit by mail, first first-class postage prepaid, to the Holders of all Preferred the Capital Securities, notices of all Events of Default actually known to a Responsible Officer of the Guarantee Trustee, unless such Events Event of Default have has been cured before the giving of such notice, provided, ; provided that, except in the case of a default in the payment of a Guarantee Payment, the Guarantee Trustee shall be protected in withholding such notice if and so long as the Board board of Directors directors, the executive committee or a trust committee of directors and/or Responsible Officers of the Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the HoldersHolders of the Capital Securities.
Appears in 1 contract
Samples: Guarantee Agreement (PMC Capital I)
Event of Default; Notice. 7 12 (a) The Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the Holders of all Preferred the Capital Securities, notices of all Events of Default actually known to a Responsible Officer of the Guarantee Trustee, unless such Events Event of Default have has been cured before the giving of such notice, provided, provided that, except in the case of a default in the payment of a Guarantee Payment, the Guarantee Trustee shall be protected in withholding such notice if and so long as the Board board of Directors directors, the executive committee, or a trust committee of directors and/or Responsible Officers of the Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the HoldersHolders of the Capital Securities.
Appears in 1 contract
Samples: Guarantee Agreement (Vib Corp)
Event of Default; Notice. (a) The Preferred Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the Holders of all the Preferred Securities, notices of all Events of Default actually known to a Responsible Officer of the Preferred Guarantee Trustee, unless such Events of Default defaults have been cured before the giving of such notice, provided, ; provided that, except in the case of a default in the payment of a Guarantee Payment, the Preferred Guarantee Trustee shall be protected in withholding such notice if and so long as the Board board of Directors directors, the executive committee, or a trust committee of directors and/or Responsible Officers of the Preferred Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the HoldersHolders of the Preferred Securities.
Appears in 1 contract
Samples: Preferred Securities Guarantee Agreement (Dt Industries Inc)
