Common use of Knowledge of Trustee Clause in Contracts

Knowledge of Trustee. Notwithstanding any provisions of this Indenture, the Trustee shall not be charged with actual knowledge of the existence of any facts which would prohibit the making of any payment of monies to or by the Trustee, or the taking or not taking of any other action by the Trustee, until two Business Days after the Trustee through a Responsible Officer shall have received written notice thereon from the Company, any Debentureholder or any Paying Agent or the holder or representative of any class of Senior Indebtedness.

Appears in 6 contracts

Samples: Indenture (Intervest Mortgage Corp), Article Eight (Intervest Corporation of New York), Article Eight (Intervest Corporation of New York)

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Knowledge of Trustee. Notwithstanding the provisions of this Article Fifteen or any other provisions of this Indenture, the Trustee shall not be charged with actual knowledge of the existence of any facts which would prohibit the making of any payment of monies to or by the Trustee, or the taking or not taking of any other action by the Trustee, unless and until two Business Days after the Trustee through a Responsible Officer shall have received written notice thereon thereof from the Company, any Debentureholder or Holder of the Securities, any Paying Agent paying agent of the Company or the holder or representative of any class of Senior Indebtedness.

Appears in 6 contracts

Samples: Subordinated Indenture (Southern First Bancshares Inc), Subordinated Indenture (Southern First Bancshares Inc), Entegra Financial Corp.

Knowledge of Trustee. Notwithstanding any provisions provision of this Indenture, the Trustee shall not be charged with actual knowledge of the existence of any facts which would prohibit the making of any payment of monies to or by the Trustee, or the taking or not taking of any other action by the Trustee, Trustee until two Business Days after the Trustee through a Responsible Officer shall have received written notice thereon thereof from the CompanyGuarantor, any Debentureholder Securityholder or any Paying Agent or the holder or representative of any class of Senior IndebtednessIndebtedness of the Guarantor.

Appears in 6 contracts

Samples: Indenture (Toll Brothers Inc), Indenture (Toll Corp), Toll Brothers Inc

Knowledge of Trustee. Notwithstanding the provisions of this Article Twelve or any other provisions of this Indenture, the Trustee shall not be charged with actual knowledge of the existence of any facts which would prohibit the making of any payment of monies moneys to or by the Trustee, or the taking or not taking of any other action by the Trustee, unless and until two Business Days after the Trustee through a Responsible Officer shall have received written notice thereon thereof, at least one business day prior to the relevant payment date, from the Company, any Debentureholder or Holder, any Paying Agent or the holder or representative of or any class of Senior IndebtednessDebt.

Appears in 6 contracts

Samples: Indenture (Paper Warehouse Inc), Article Eleven Mandatory (PDS Gaming Corp), Article Eleven Mandatory (PDS Financial Corp)

Knowledge of Trustee. Notwithstanding any provisions of ---------------------- this Indenture, the Trustee shall not be charged with actual knowledge of the existence of any facts which would prohibit the making of any payment of monies to or by the Trustee, or the taking or not taking of any other action by the Trustee, until two Business Days after the Trustee through a Responsible Officer shall have received written notice thereon from the Company, any Debentureholder or any Paying Agent or the holder or representative of any class of Senior Indebtedness.

Appears in 5 contracts

Samples: Indenture (Intervest Mortgage Corp), Indenture (Intervest Mortgage Corp), Indenture (Intervest Mortgage Corp)

Knowledge of Trustee. Notwithstanding any provisions of -------------------- this Indenture, the Trustee shall not be charged with actual knowledge of the existence of any facts which would prohibit the making of any payment of monies to or by the Trustee, or the taking or not taking of any other action by the Trustee, until two Business Days after the Trustee through a Responsible Officer shall have received written notice thereon from the Company, any Debentureholder or any Paying Agent or the holder or representative of any class of Senior Indebtedness.

Appears in 5 contracts

Samples: Indenture (Intervest Corporation of New York), Indenture (Intervest Corporation of New York), Indenture (Intervest Bancshares Corp)

Knowledge of Trustee. Notwithstanding the provisions of this Article Thirteen or any other provisions of this Indenture, the Trustee shall not be charged with actual knowledge of the existence of any facts which would prohibit the making of any payment of monies to or by the Trustee, or the taking or not taking of any other action by the Trustee, unless and until two Business Days after the Trustee through a Responsible Officer of the Trustee shall have received written notice thereon thereof from the Company, any Debentureholder or Holder of the Securities, any Paying Agent paying agent of the Company or the holder or representative of any class of Senior Indebtedness.

Appears in 4 contracts

Samples: Subordinated Indenture (Union Bankshares Corp), BNC Bancorp, Eagle Bancorp Inc

Knowledge of Trustee. Notwithstanding any provisions provision of this Indenture, the Trustee shall not be charged with actual knowledge of the existence of any facts which would prohibit the making of any payment of monies to or by the Trustee, or the taking or not taking of any other action by the Trustee, Trustee until two Business Days after the Trustee through a Responsible Officer shall have received written notice thereon thereof from the Company, any Debentureholder Securityholder or any Paying Agent or the holder or representative of any class of Senior IndebtednessIndebtedness of the Company.

Appears in 3 contracts

Samples: Indenture (Toll Corp), Toll Brothers Inc, Toll Brothers Inc

Knowledge of Trustee. Notwithstanding any provisions provision of this Indenture, the Trustee shall not be charged with actual knowledge of the existence of any facts which would prohibit the making of any payment of monies to or by the Trustee, or the taking or not taking of any other action by the Trustee, Trustee until two Business Days business days after the Trustee through a Responsible Officer shall have received written notice thereon thereof from the Company, any Debentureholder Securityholder or any Paying Agent or the holder or representative of any class of Senior IndebtednessIndebtedness of the Company.

Appears in 3 contracts

Samples: Indenture (Toll Brothers Inc), Toll Brothers Inc, Toll Brothers Inc

Knowledge of Trustee. Notwithstanding the provisions of this Article or any provisions other provision of this Indenture, the Trustee shall not at any time be charged with actual knowledge of the existence of any facts which would prohibit the making of any payment of monies to or by the Trustee, or the taking or not taking of any other action under this Indenture by the Trustee, unless and until two Business Days after the Trustee through a Responsible Officer shall have received written notice thereon thereof from the Company, any Debentureholder or Securityholder, any Paying Agent or the any holder or representative of any class of Senior IndebtednessIndebtedness or its representative.

Appears in 3 contracts

Samples: Cablevision Systems Corp, Cablevision Systems Corp, CSC Parent Corp

Knowledge of Trustee. Notwithstanding the provisions of this Article or any provisions other provision of this Indenture, the Trustee shall not at any time be charged with actual knowledge of the existence of any facts which would prohibit the making of any payment of monies to or by the Trustee, or the taking or not taking of any other action under this Indenture by the Trustee, unless and until two Business Days after the Trustee through a Responsible Officer shall have received written notice thereon thereof from the Company, any Debentureholder or Holder, any Paying Agent or the any holder or representative of any class of Senior IndebtednessIndebtedness or its representative.

Appears in 2 contracts

Samples: CSC Holdings Inc, Cablevision Systems Corp

Knowledge of Trustee. Notwithstanding any provisions of this -------------------- Indenture, the Trustee shall not be charged with actual knowledge of the existence of any facts which would prohibit the making of any payment of monies to or by the Trustee, or the taking or not taking of any other action by the Trustee, until two Business Days after the Trustee through a Responsible Officer shall have received written notice thereon from the Company, any Debentureholder or any Paying Agent or the holder or representative of any class of Senior Indebtedness.

Appears in 2 contracts

Samples: Indenture (Intervest Corporation of New York), Indenture (Intervest Corporation of New York)

Knowledge of Trustee. Notwithstanding the provisions of this Article Twelve or any other provisions of this Indenture, the Trustee shall not be charged with actual knowledge of the existence of any facts which would prohibit the making of any payment of monies moneys to or by the Trustee, or the taking or not taking of any other action by the Trustee, unless and until two Business Days after the Trustee through a Responsible Officer shall have received written notice thereon thereof, within one business day prior to the relevant payment date, from the Company, any Debentureholder or Holder, any Paying Agent or the holder or representative of or any class of Senior IndebtednessDebt.

Appears in 2 contracts

Samples: Indenture (Taylor Investment Corp /Mn/), Indenture (Berthel Fisher & Co Leasing Inc)

Knowledge of Trustee. Notwithstanding the provisions of this Article Nine or any other provisions of this Indenture, but subject to Section 6.01, the Trustee shall not be charged with actual knowledge of the existence of any facts which would prohibit the making of any payment of monies moneys to or by the Trustee, or the taking or not taking of any other action by the Trustee, unless and until two Business Days after the Trustee through a Responsible Officer shall have received written notice thereon thereof from the Company, any Debentureholder or Debentureholder, any Paying Agent paying agent or the holder or representative of any class of Senior Indebtedness. Section 9.09.

Appears in 2 contracts

Samples: Mca Financial Corp /Mi/, Mca Financial Corp /Mi/

Knowledge of Trustee. Notwithstanding any provisions -------------------- of this Indenture, the Trustee shall not be charged with actual knowledge of the existence of any facts which would prohibit the making of any payment of monies to or by the Trustee, or the taking or not taking of any other action by the Trustee, until two Business Days after the Trustee through a Responsible Officer shall have received written notice thereon from the Company, any Debentureholder or any Paying Agent or the holder or representative of any class of Senior Indebtedness.

Appears in 2 contracts

Samples: Indenture (Intervest Mortgage Corp), Indenture (Intervest Corporation of New York)

Knowledge of Trustee. Notwithstanding any the provisions of this IndentureArticle 6, the Trustee shall will not be charged with actual knowledge of the existence of any facts which that would prohibit the making of any payment of monies moneys to or by the Trustee, or the taking or not taking of any other action by the Trustee, unless and until two Business Days after the Trustee through a Responsible Officer shall have has received written notice thereon thereof from the Company, any Debentureholder or any Paying Agent or the holder or representative of any class of Senior IndebtednessLiabilities.

Appears in 1 contract

Samples: Telesystem International Wireless Inc

Knowledge of Trustee. Notwithstanding any the provisions of this IndentureArticle 7, the Debenture Trustee shall will not be charged with actual knowledge of the existence of any facts which that would prohibit the making of any payment of monies moneys to or by the Debenture Trustee, or the taking or not taking of any other action by the Debenture Trustee, unless and until two Business Days after the Debenture Trustee through a Responsible Officer shall have has received written notice thereon thereof from the Company, any Debentureholder or any Paying Agent or the holder or representative of the Series D Notes or any class of Senior Secured Indebtedness.

Appears in 1 contract

Samples: New Gold Inc. /FI

Knowledge of Trustee. Notwithstanding the provisions of this Article 12 or any other provisions of this Indenture, the Trustee shall not be charged with actual knowledge of the existence of any facts which would prohibit the making of any payment of monies moneys to or by the Trustee, or the taking or not taking of any other action by the Trustee, unless and until two Business Days after the Trustee through a Responsible Officer shall have received written notice thereon thereof from the Company, any Debentureholder or Holder, any Paying Agent or the holder or representative of any class of Senior Indebtedness.

Appears in 1 contract

Samples: Indenture (Meridian Bioscience Inc)

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Knowledge of Trustee. Notwithstanding any the provisions of this IndentureArticle 6, the Trustee shall will not be charged with actual knowledge of the existence of any facts which that would prohibit the making of any payment of monies moneys to or by the Trustee, or the taking or not taking of any other action by the Trustee, unless and until two Business Days after the Trustee through a Responsible Officer shall have has received written notice thereon thereof from or on behalf of the CompanyCorporation, the Guarantor, any Debentureholder or any Paying Agent or the holder or representative of any class of Senior IndebtednessLiabilities.

Appears in 1 contract

Samples: Amvescap PLC/London/

Knowledge of Trustee. Notwithstanding any the provisions of this IndentureArticle 7, the Trustee shall will not be charged with actual knowledge of the existence of any facts which fact that would prohibit the making of any payment of monies moneys to or by the Trustee, or the taking or not taking of any other action by the Trustee, unless and until two Business Days after the Trustee through a Responsible Officer shall have has received written notice thereon thereof from the CompanyCorporation, any Debentureholder or any Paying Agent or the holder or representative of any class of Senior IndebtednessIndebtedness or on its behalf.

Appears in 1 contract

Samples: Convertible Debenture Indenture

Knowledge of Trustee. Notwithstanding the provisions of this Article 14 or any other provisions of this Indenture, the Trustee shall not be charged with actual knowledge of the existence of any facts which would prohibit the making of any payment of monies to or by the Trustee, or the taking or not taking of any other action by the Trustee, unless and until two Business Days after the Trustee through a Responsible Officer of the Trustee shall have received written notice thereon thereof from the Company, any Debentureholder or Holder of the Subordinated Securities, any Paying Agent paying agent of the Company or the holder or representative of any class of Senior Indebtedness.

Appears in 1 contract

Samples: Indenture (First Busey Corp /Nv/)

Knowledge of Trustee. Notwithstanding any the provisions of this Article 5 or any other provisions of the Indenture, the Trustee shall not be charged with actual knowledge of the existence of any facts which would prohibit the making of any payment of monies to or by the Trustee, or the taking or not taking of any other action by the Trustee, unless and until two Business Days after the Trustee through a Responsible Officer of the Trustee shall have received written notice thereon thereof from the Company, any Debentureholder or Holder of the Subordinated Securities, any Paying Agent paying agent of the Company or the holder or representative of any class of Senior Indebtedness.

Appears in 1 contract

Samples: First Supplemental Indenture (First Mid Bancshares, Inc.)

Knowledge of Trustee. Notwithstanding the provisions of this Article 12 or any other provisions of this Indenture, the Trustee shall not be charged with actual knowledge of the existence of any facts which would prohibit the making of any payment of monies moneys to or by the Trustee, or the taking or not taking of any other action by the Trustee, unless and until two Business Days after the Trustee through a Responsible Officer shall have received at its principal Corporate Trust Office written notice thereon thereof referencing this Indenture from the Company, any Debentureholder or Holder, any Paying Agent or the holder or representative of any class of Senior Indebtedness.

Appears in 1 contract

Samples: Indenture (Code Alarm Inc)

Knowledge of Trustee. Notwithstanding the provisions of this Article 12 or any other provisions of this Indenture, the Trustee shall not be charged with actual knowledge of the existence of any facts which would prohibit the making of any payment of monies moneys to or by the Trustee, or the taking or not taking of any other action by the Trusteetrustee, unless and until two Business Days after the Trustee through a Responsible Officer shall have received written notice thereon thereof from the Company, any Debentureholder or Debentureholder, any Paying Agent paying agent or the holder or representative of or any class of Senior Indebtedness.

Appears in 1 contract

Samples: Indenture (Lundgren Bros Construction Inc)

Knowledge of Trustee. Notwithstanding any provisions of this --------------------- Indenture, the Trustee shall not be charged with actual knowledge of the existence of any facts which would prohibit the making of any payment of monies to or by the Trustee, or the taking or not taking of any other action by the Trustee, until two Business Days after the Trustee through a Responsible Officer shall have received written notice thereon from the Company, any Debentureholder or any Paying Agent or the holder or representative of any class of Senior Indebtedness.

Appears in 1 contract

Samples: Indenture (Intervest Mortgage Corp)

Knowledge of Trustee. Notwithstanding any the provisions of this Article V or any other provisions of the Indenture, the Trustee shall not be charged with actual knowledge of the existence of any facts which would prohibit the making of any payment of monies to or by the Trustee, or the taking or not taking of any other action by the Trustee, unless and until two Business Days after the Trustee through a Responsible Officer of the Trustee shall have received written notice thereon thereof from the Company, any Debentureholder or Holder of the Securities, any Paying Agent paying agent of the Company or the holder or representative of any class of Senior Indebtedness.

Appears in 1 contract

Samples: First Supplemental Indenture (Western Alliance Bancorporation)

Knowledge of Trustee. Notwithstanding any provisions provision of this Indenture, the Trustee shall not be charged with actual knowledge of the existence of any facts which would prohibit the making of any payment of monies to or by the Trustee, or the taking or not taking of any other action by the Trustee, until two Business Days business days after the Trustee through a Responsible Officer shall have received written notice thereon thereof from the Company, any Debentureholder or Security holder, any Paying or Conversion Agent or the holder or representative of any class of Senior IndebtednessDebt.

Appears in 1 contract

Samples: Synetic Inc

Knowledge of Trustee. Notwithstanding any provisions provision of this Indenture, the Trustee shall not be charged with actual knowledge of the existence of any facts which would prohibit the making of any payment of monies moneys to or by the Trustee, or the taking or not taking of any other action by the Trustee, until two three Business Days after the Trustee through a Responsible Officer shall have received written notice thereon thereof from the Company, any Debentureholder or Securityholder, any Paying or Conversion Agent or the holder or representative of any class of Senior Indebtedness.

Appears in 1 contract

Samples: Richardson Electronics LTD/De

Knowledge of Trustee. Notwithstanding the provisions of this Article XV or any other provisions of this Indenture, the Trustee shall not be charged with actual knowledge of the existence of any facts which would prohibit the making of any payment of monies to or by the Trustee, or the taking or not taking of any other action by the Trustee, unless and until two Business Days after the Trustee through a Responsible Officer of the Trustee shall have received written notice thereon thereof from the Company, any Debentureholder or Holder of the Subordinated Securities, any Paying Agent paying agent of the Company or the holder or representative of any class of Senior Indebtedness.

Appears in 1 contract

Samples: Franklin Financial Network Inc.

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