Common use of Knowledge of Trustee Clause in Contracts

Knowledge of Trustee. Notwithstanding any provision of this Indenture, the Trustee shall not at any time be charged with knowledge of the existence of any facts which would prohibit the making of any payment of monies to or by the Trustee until three Business Days after a Responsible Officer of the Trustee on behalf of the Trustee shall have received at the Corporate Trust Office of the Trustee written notice thereof from the Company, any Holder, or the holder or representative of any class of Senior Indebtedness of the Company identifying the specific sections of this Indenture involved and describing in detail the facts that would obligate the Trustee to withhold payments to Holders of Securities, and prior to such time, the Trustee, subject to the provisions of Section 6.1, shall be entitled in all respects conclusively to assume that no such facts exist. The Trustee shall be entitled to rely on the delivery to it of a written notice by an individual representing himself to be a holder of Senior Indebtedness of the Company (or a trustee on behalf of such holder) to establish that such notice has been given by a holder of any such Senior Indebtedness or a trustee on behalf of any such holder. In the event that the Trustee determines in good faith that further evidence is required with respect to the right of any person as a holder of Senior Indebtedness of the Company to participate in any payment or distribution pursuant to this Article, the Trustee may request such person to furnish evidence to the reasonable satisfaction of the Trustee as to the amount of Senior Indebtedness of the Company held by such person, the extent to which such person is entitled to participate in such payment or distribution and any other facts pertinent to the rights of such person under this Article, and if such evidence is not furnished, the Trustee may defer any payment to such person pending judicial determination as to the right of such person to receive such payment.

Knowledge of Trustee. Notwithstanding any provision of this Indenture, the Trustee shall not at any time be charged with knowledge of the existence of any facts which would prohibit the making of any payment of monies moneys to or by the Trustee until three Business Days after a Responsible Officer of the Trustee on behalf of the Trustee shall have received at the Corporate Trust Office of the Trustee written notice thereof from the Company, any Holder, or the holder or representative of any class of Senior Indebtedness of the Company identifying the specific sections of this Indenture involved and describing in detail the facts that would obligate the Trustee to withhold payments to Holders of Securities, and prior to such time, the Trustee, subject to the provisions of Section 6.1, shall be entitled in all respects conclusively to assume that no such facts exist. The Trustee shall be entitled to rely on the delivery to it of a written notice by an individual representing himself to be a holder of Senior Indebtedness of the Company (or a trustee on behalf of such holder) to establish that such notice has been given by a holder of any such Senior Indebtedness or a trustee on behalf of any such holder. In the event that the Trustee determines in good faith that further evidence is required with respect to the right of any person as a holder of Senior Indebtedness of the Company to participate in any payment or distribution pursuant to this Article, the Trustee may request such person to furnish evidence to the reasonable satisfaction of the Trustee as to the amount of Senior Indebtedness of the Company held by such person, the extent to which such person is entitled to participate in such payment or distribution and any other facts pertinent to the rights of such person under this Article, and if such evidence is not furnished, the Trustee may defer any payment to such person pending judicial determination as to the right of such person to receive such payment.

Knowledge of Trustee. Notwithstanding The Company shall give prompt written notice to the Trustee and to any provision paying agent of any fact known to the Company which would prohibit the making of any payment of moneys to or by the Trustee or any paying agent in respect of the Securities of any series pursuant to the provisions of this Article or would end such prohibition. Regardless of anything to the contrary contained in this Article or elsewhere in this Indenture, the Trustee shall not at any time be charged with knowledge of the existence of any Senior Indebtedness or of any default or event of default with respect to any Senior Indebtedness or of any other facts which would prohibit the making of any payment of monies moneys to or by the Trustee or which would end such prohibition, unless and until three Business Days after a Responsible Officer of the Trustee on behalf of the Trustee shall have received notice in writing at the its principal Corporate Trust Office to that effect signed by an officer of the Company, or by a holder or agent of a holder of Senior Indebtedness or by the trustee under any indenture pursuant to which Senior Indebtedness shall be outstanding, who shall have been certified by the Company or otherwise established to the reasonable satisfaction of the Trustee written notice thereof from the Company, any Holder, or the to be such holder or representative agent or trustee, and, prior to the receipt of any class of Senior Indebtedness of the Company identifying the specific sections of this Indenture involved and describing in detail the facts that would obligate such written notice, the Trustee to withhold payments to Holders of Securities, and prior to such time, the Trusteeshall, subject to the provisions of Section 6.1602, shall be entitled in all respects conclusively to assume that no such facts exist. The ; provided that if on a date at least five Business Days prior to the date upon which by the terms hereof any such moneys shall become payable for any purpose (including, without limitation, the payment of the principal of (and premium, if any), and interest on and any Additional Amounts payable in respect of any Security) the Trustee shall not have received with respect to such moneys the notice of prohibition provided for in this Section, then, regardless of anything herein to the contrary, the Trustee shall have full power and authority to receive such moneys and to apply the same to the purpose for which they were received, and shall not be entitled affected by any notice to rely the contrary which may be received by it on or after such prior date. Regardless of anything to the delivery to it of a written notice contrary herein, nothing shall prevent (a) any payment by an individual representing himself to be a holder of Senior Indebtedness of the Company or the Trustee to the Securityholders of amounts in connection with a redemption of Securities if (or a trustee on behalf i) notice of such holder) to establish that such notice redemption has been given pursuant to Article 11 prior to the receipt by a holder of any such Senior Indebtedness or a trustee on behalf of any such holder. In the event that the Trustee determines in good faith that further evidence of written notice of prohibition as aforesaid, and (ii) such notice of redemption is required with respect given not earlier than 60 days before the redemption date, or (b) any payment by the Trustee to the right Securityholders of any person as a holder of Senior Indebtedness of the Company to participate in any payment or distribution amounts deposited with it pursuant to this Article, the Trustee may request such person to furnish evidence to the reasonable satisfaction of the Trustee as to the amount of Senior Indebtedness of the Company held by such person, the extent to which such person is entitled to participate in such payment Sections 401 or distribution and any other facts pertinent to the rights of such person under this Article, and if such evidence is not furnished, the Trustee may defer any payment to such person pending judicial determination as to the right of such person to receive such payment403.

Knowledge of Trustee. Notwithstanding any provision of this Indenture, the Trustee shall not at any time be charged with knowledge of the existence of any facts which that would prohibit the making of any payment of monies moneys to or by the Trustee until three Business Days after a Responsible Officer of the Trustee on behalf of the Trustee shall have received at the Corporate Trust Office of the Trustee written notice thereof from the Company, any Holder, or the holder or representative of any class of Senior Indebtedness of the Company identifying the specific sections of this Indenture involved and describing in detail the facts that would obligate the Trustee to withhold payments to Holders of Securities, and and, prior to such time, the Trustee, subject to the provisions of Section 6.1, shall be entitled in all respects conclusively to assume that no such facts exist. The Trustee shall be entitled to rely on the delivery to it of a written notice by an individual representing himself to be a holder of Senior Indebtedness of the Company (or a trustee on behalf of such holder) to establish that such notice has been given by a holder of any such Senior Indebtedness or a trustee on behalf of any such holder. In the event that the Trustee determines in good faith that further evidence is required with respect to the right of any person Person as a holder of Senior Indebtedness of the Company to participate in any payment or distribution pursuant to this ArticleArticle 13, the Trustee may request such person Person to furnish evidence to the reasonable satisfaction of the Trustee as to the amount of Senior Indebtedness of the Company held by such personPerson, the extent to which such person Person is entitled to participate in such payment or distribution and any other facts pertinent to the rights of such person Person under this ArticleArticle 13, and if such evidence is not furnished, the Trustee may defer any payment to such person Person pending judicial determination as to the right of such person Person to receive such payment.

Knowledge of Trustee. Notwithstanding The Company shall give prompt written notice to the Trustee and to any provision Paying Agent of any fact known to the Company which would prohibit the making of any payment of moneys to or by the Trustee or any Paying Agent in respect of the Securities of any series pursuant to the provisions of this Article or would end such prohibition. Regardless of anything to the contrary contained in this Article or elsewhere in this Indenture, the Trustee shall not at any time be charged with knowledge of the existence of any Senior Indebtedness or of any default or event of default with respect to any Senior Indebtedness or of any other facts which would prohibit the making of any payment of monies moneys to or by the Trustee or which would end such prohibition, unless and until three Business Days after a Responsible Officer of the Trustee on behalf of the Trustee shall have received notice in writing at the its Corporate Trust Office to that effect signed by an officer of the Company, or by a holder or agent of a holder of Senior Indebtedness or by the trustee under any indenture pursuant to which Senior Indebtedness shall be outstanding, who shall have been certified by the Company or otherwise established to the reasonable satisfaction of the Trustee written notice thereof from the Company, any Holder, or the to be such holder or representative agent or trustee, and, prior to the receipt of any class of Senior Indebtedness such written notice, the Trustee shall, subject to Section 602, be entitled to assume that no such facts exist; provided that if on a date at least five Business Days prior to the date upon which by the terms hereof any such moneys shall become payable for any purpose (including, without limitation, the payment of the principal of (and premium, if any), and interest on and any Additional Amounts payable in respect of any Security) the Trustee shall not have received with respect to such moneys the notice of prohibition provided for in this Section, then, regardless of anything herein to the contrary, the Trustee shall have full power and authority to receive such moneys and to apply the same to the purpose for which they were received, and shall not be affected by any notice to the contrary which may be received by it on or after such prior date. Regardless of anything to the contrary herein, nothing shall prevent (a) any payment by the Company identifying the specific sections of this Indenture involved and describing in detail the facts that would obligate or the Trustee to withhold payments to the Holders of SecuritiesSecurities of amounts in connection with a redemption of Securities if (i) notice of such redemption has been given pursuant to Article XI prior to the receipt by the Trustee of written notice of prohibition as aforesaid, and prior (ii) such notice of redemption is given not earlier than 60 days before the redemption date, or (b) any payment by the Trustee to such time, the Holders of Securities of amounts deposited with it pursuant to Sections 401 or 403. The Trustee, subject to the provisions of Section 6.1the Trust Indenture Act, shall be entitled in all respects to conclusively to assume that no such facts exist. The Trustee shall be entitled to rely on the delivery to it of a written notice by an individual a representative or a Person representing himself or herself to be a holder of Senior Indebtedness of the Company (or a trustee on behalf of such holder) to establish that such notice has been given by a Representative or a holder of any such Senior Indebtedness or a trustee on behalf of any such holderIndebtedness. In the event that the Trustee determines in good faith that further evidence is required with respect to the right of any person Person as a holder of Senior Indebtedness of the Company to participate in any payment or distribution pursuant to this ArticleArticle XV, the Trustee may request such person Person to furnish evidence to the reasonable satisfaction of the Trustee as to the amount of Senior Indebtedness of the Company held by such personPerson, the extent to which such person Person is entitled to participate in such payment or distribution and any other facts pertinent to the rights of such person Person under this ArticleArticle XV, and if such evidence is not furnished, furnished the Trustee may defer any payment to such person Person pending judicial determination as to the right of such person Person to receive such payment.

Knowledge of Trustee. Notwithstanding any provision of this Indenture, the Trustee shall not at any time be charged with knowledge of the existence of any facts which that would prohibit the making of any payment of monies moneys to or by the Trustee until three Business Days after a Responsible Officer of the Trustee on behalf of the Trustee shall have received at the Corporate Trust Office of the Trustee written notice thereof from the Company, any Holder, or the holder or representative of any class of Senior Indebtedness of the Company identifying the specific sections of this Indenture involved and describing in detail the facts that would obligate the Trustee to withhold payments to Holders of Securities, and and, prior to such time, the Trustee, subject to the provisions of Section 6.1, shall be entitled in all respects conclusively to assume that no such facts exist. The Trustee shall be entitled to rely on the delivery to it of a written notice by an individual representing himself to be a holder of Senior Indebtedness of the Company (or a trustee on behalf of such holder) to establish that such notice has been given by a holder of any such Senior Indebtedness or a trustee on behalf of any such holder. In the event that the Trustee determines in good faith that further evidence is required with respect to the right of any person Person as a holder of Senior Indebtedness of the Company to participate in any payment or distribution pursuant to this ArticleArticle 12, the Trustee may request such person Person to furnish evidence to the reasonable satisfaction of the Trustee as to the amount of Senior Indebtedness of the Company held by such personPerson, the extent to which such person Person is entitled to participate in such payment or distribution and any other facts pertinent to the rights of such person Person under this ArticleArticle 12, and if such evidence is not furnished, the Trustee may defer any payment to such person Person pending judicial determination as to the right of such person Person to receive such payment.

Knowledge of Trustee. Notwithstanding The Company shall give prompt written notice to the Trustee and to any provision paying agent of any fact known to the Company which would prohibit the making of any payment of moneys to or by the Trustee or any paying agent in respect of the Securities of any series pursuant to the provisions of this Article or would end such prohibition. Regardless of anything to the contrary contained in this Article or elsewhere in this Indenture, the Trustee shall not at any time be charged with knowledge of the existence of any Senior Indebtedness or of any default or event of default with respect to any Senior Indebtedness or of any other facts which would prohibit the making of any payment of monies moneys to or by the Trustee or which would end such prohibition, unless and until three Business Days after a Responsible Officer of the Trustee on behalf of the Trustee shall have received notice in writing at the its Corporate Trust Office to that effect signed by an officer of the Company, or by a holder or agent of a holder of Senior Indebtedness or by the trustee under any indenture pursuant to which Senior Indebtedness shall be outstanding, who shall have been certified by the Company or otherwise established to the reasonable satisfaction of the Trustee written notice thereof from the Company, any Holder, or the to be such holder or representative agent or trustee, and, prior to the receipt of any class of Senior Indebtedness such written notice, the Trustee shall, subject to Section 601, be entitled to assume that no such facts exist; provided that if on a date at least five Business Days prior to the date upon which by the terms hereof any such moneys shall become payable for any purpose (including, without limitation, the payment of the principal of (and premium, if any), and interest on and any Additional Amounts payable in respect of any Security) the Trustee shall not have received with respect to such moneys the notice of prohibition provided for in this Section, then, regardless of anything herein to the contrary, the Trustee shall have full power and authority to receive such moneys and to apply the same to the purpose for which they were received, and shall not be affected by any notice to the contrary which may be received by it on or after such prior date. Regardless of anything to the contrary herein, nothing shall prevent (a) any payment by the Company identifying the specific sections of this Indenture involved and describing in detail the facts that would obligate or the Trustee to withhold payments to the Holders of Securitiesamounts in connection with a redemption of Securities if (i) notice of such redemption has been given pursuant to Article XI prior to the receipt by the Trustee of written notice of prohibition as aforesaid, and prior (ii) such notice of redemption is given not earlier than 60 days before the redemption date, or (b) any payment by the Trustee to such time, the Holders of amounts deposited with it pursuant to Sections 401 or 403. The Trustee, subject to the provisions of Section 6.1the Trust Indenture Act, shall be entitled in all respects to conclusively to assume that no such facts exist. The Trustee shall be entitled to rely on the delivery to it of a written notice by an individual a Representative (as hereinafter defined) or a Person representing himself to be a holder of Senior Indebtedness of the Company (or a trustee on behalf of such holder) to establish that such notice has been given by a Representative or a holder of any such Senior Indebtedness or a trustee on behalf of any such holderIndebtedness. In the event that the Trustee determines in good faith that further evidence is required with respect to the right of any person Person as a holder of Senior Indebtedness of the Company to participate in any payment or distribution pursuant to this ArticleArticle XVI, the Trustee may request such person Person to furnish evidence to the reasonable satisfaction of the Trustee as to the amount of Senior Indebtedness of the Company held by such personPerson, the extent to which such person Person is entitled to participate in such payment or distribution and any other facts pertinent to the rights of such person Person under this ArticleArticle XVI, and if such evidence is not furnished, furnished the Trustee may defer any payment to such person Person pending judicial determination as to the right of such person Person to receive such payment.

Knowledge of Trustee. Notwithstanding The Company shall give prompt written notice to the Trustee and to any provision paying agent of any fact known to the Company which would prohibit the making of any payment of moneys to or by the Trustee or any paying agent in respect of the Securities of any series pursuant to the provisions of this Article or would end such prohibition. Regardless of anything to the contrary contained in this Article or elsewhere in this Indenture, the Trustee shall not at any time be charged with knowledge of the existence of any Senior Indebtedness or of any default or event of default with respect to any Senior Indebtedness or of any other facts which would prohibit the making of any payment of monies moneys to or by the Trustee or which would end such prohibition, unless and until three Business Days after a Responsible Officer of the Trustee on behalf of the Trustee shall have received notice in writing at the its principal Corporate Trust Office to that effect signed by an officer of the Company, or by a holder or agent of a holder of Senior Indebtedness or by the trustee under any indenture pursuant to which Senior Indebtedness shall be outstanding, who shall have been certified by the Company or otherwise established to the reasonable satisfaction of the Trustee written notice thereof from the Company, any Holder, or the to be such holder or representative agent or trustee, and, prior to the receipt of any class of Senior Indebtedness of the Company identifying the specific sections of this Indenture involved and describing in detail the facts that would obligate such written notice, the Trustee to withhold payments to Holders of Securities, and prior to such time, the Trusteeshall, subject to the provisions of Section 6.1602, shall be entitled in all respects conclusively to assume that no such facts exist. The ; provided that if on a date at least five Business Days prior to the date upon which by the terms hereof any such moneys shall become payable for any purpose (including, without limitation, the payment of the principal of (and premium, if any), and interest on and any Additional Amounts payable in respect of any Security) the Trustee shall not have received with respect to such moneys the notice of prohibition provided for in this Section, then, regardless of anything herein to the contrary, the Trustee shall have full power and authority to receive such moneys and to apply the same to the purpose for which they were received, and shall not be entitled affected by any notice to rely the contrary which may be received by it on or after such prior date. Regardless of anything to the delivery to it of a written notice contrary herein, nothing shall prevent (a) any payment by an individual representing himself to be a holder of Senior Indebtedness of the Company or the Trustee to the Securityholders of amounts in connection with a redemption of Securities if (or a trustee on behalf i) notice of such holder) to establish that such notice redemption has been given pursuant to Article XI prior to the receipt by a holder of any such Senior Indebtedness or a trustee on behalf of any such holder. In the event that the Trustee determines in good faith that further evidence of written notice of prohibition as aforesaid, and (ii) such notice of redemption is required with respect given not earlier than 60 days before the redemption date, or (b) any payment by the Trustee to the right Securityholders of any person as a holder of Senior Indebtedness of the Company to participate in any payment or distribution amounts deposited with it pursuant to this Article, the Trustee may request such person to furnish evidence to the reasonable satisfaction of the Trustee as to the amount of Senior Indebtedness of the Company held by such person, the extent to which such person is entitled to participate in such payment Sections 401 or distribution and any other facts pertinent to the rights of such person under this Article, and if such evidence is not furnished, the Trustee may defer any payment to such person pending judicial determination as to the right of such person to receive such payment403.

Knowledge of Trustee. Notwithstanding any provision of this Indenture, the Trustee shall not at any time be charged with knowledge of the existence of any facts which would prohibit the making of any payment of monies moneys to or by the Trustee until three Business Days after a Responsible Officer of the Trustee on behalf of the Trustee shall have received at the Corporate Trust Office of the Trustee written notice thereof from the Company, the Guarantor, any Holder, or the holder or representative of any class of Senior Indebtedness of the Company or Senior Indebtedness of the Guarantor identifying the specific sections of this Indenture involved and describing in detail the facts that would obligate the Trustee to withhold payments to Holders of Securities, and prior to such time, the Trustee, subject to the provisions of Section 6.1, shall be entitled in all respects conclusively to assume that no such facts exist. The Trustee shall be entitled to rely on the delivery to it of a written notice by an individual representing himself to be a holder of Senior Indebtedness of the Company or Senior Indebtedness of the Guarantor (or a trustee on behalf of such holder) to establish that such notice has been given by a holder of any such Senior Indebtedness or a trustee on behalf of any such holder. In the event that the Trustee determines in good faith that further evidence is required with respect to the right of any person as a holder of Senior Indebtedness of the Company or Senior Indebtedness of the Guarantor to participate in any payment or distribution pursuant to this Article, the Trustee may request such person to furnish evidence to the reasonable satisfaction of the Trustee as to the amount of Senior Indebtedness of the Company or Senior Indebtedness of the Guarantor held by such person, the extent to which such person is entitled to participate in such payment or distribution and any other facts pertinent to the rights of such person under this Article, and if such evidence is not furnished, the Trustee may defer any payment to such person pending judicial determination as to the right of such person to receive such payment.