Common use of Notice of Defaults Clause in Contracts

Notice of Defaults. If a Default occurs and is continuing and if it is actually known to the Trustee, the Trustee shall mail to each Holder notice of the Default within the earlier of 90 days after it occurs or 30 days after it is actually known to a Trust Officer or written notice of it is received by the Trustee. Except in the case of a Default in the payment of principal of, premium (if any) or interest on any Note, the Trustee may withhold the notice if and so long as a committee of its Trust Officers in good faith determines that withholding the notice is in the interests of the Holders.

Appears in 30 contracts

Samples: Indenture (Intelsat S.A.), Indenture (Hexion Inc.), Indenture (Intelsat S.A.)

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Notice of Defaults. If a Default occurs and is continuing and if it is actually known to the Trustee, the Trustee shall mail to each Holder notice of the Default within the earlier of 90 days after it occurs or 30 days after it is actually known to a Trust Officer or written notice of it is received by the Trustee. Except in the case of a Default in the payment of principal of, premium (if any) or interest on any NoteSecurity, the Trustee may withhold the notice if and so long as a committee of its Trust Officers in good faith determines that withholding the notice is in the interests of the Holders.

Appears in 19 contracts

Samples: Supplemental Indenture (Verso Paper Holdings LLC), Supplemental Indenture (Verso Paper Corp.), Indenture (Verso Paper Corp.)

Notice of Defaults. If a Default occurs and is continuing and if it is actually known to the Trusteea Trust Officer, the Trustee shall mail send to each Holder notice of the Default within the earlier later of 90 days after it occurs or and 30 days after it is actually known to a Trust Officer or written notice of it is received by the Trustee. Except in the case of a Default in the payment of principal of, premium (if any) or interest on any NoteSecurity, the Trustee may withhold the notice if and so long as a committee of its Trust Officers in good faith determines that withholding the notice is in the interests of the Holders.

Appears in 16 contracts

Samples: Indenture (Albertsons Companies, Inc.), Indenture (Southeastern Grocers, Inc.), Indenture (Albertsons Companies, Inc.)

Notice of Defaults. If a Default occurs and is continuing and if it is actually known to a Trust Officer of the Trustee, the Trustee shall mail send to each Holder notice of the Default within the earlier of 90 days after it occurs or 30 days after it is actually known to a Trust Officer or written notice of it is received by the Trustee. Except in the case of a Default in the payment of principal of, premium (if any) or interest on any NoteSecurity, the Trustee may withhold the notice if and so long as a committee of its Trust Officers it in good faith determines that withholding the notice is in the interests of the Holders.

Appears in 11 contracts

Samples: Intercreditor Agreement (Berry Global Group, Inc.), Intercreditor Agreement (Berry Global Group, Inc.), Intercreditor Agreement (Berry Global Group, Inc.)

Notice of Defaults. If a Within 30 days after the occurrence of any Default, the Trustee shall transmit by mail to all Holders, as their names and addresses appear in the Security Register, notice of such Default occurs and is continuing and if it is actually hereunder known to the Trustee, the Trustee unless such Default shall mail to each Holder notice of the Default within the earlier of 90 days after it occurs have been cured or 30 days after it is actually known to a Trust Officer or written notice of it is received by the Trustee. Except waived; provided, however, that, except in the case of a Default in the payment of the principal of, premium (premium, if any) , or interest on any NoteSecurity of any series, the Trustee may withhold the shall be protected in withholding such notice if and so long as a trust committee of its Trust Responsible Officers of the Trustee in good faith determines that the withholding the of such notice is in the interests interest of the Holders.

Appears in 10 contracts

Samples: Subordinated Indenture (Wsyt Licensee L P), Note (Capital Automotive Reit), Senior Indenture (Sinclair Television Co Ii Inc)

Notice of Defaults. If a Default or Event of Default occurs and is continuing and if it is actually known to a Responsible Officer of the Trustee, the Trustee shall mail to each Holder Holders a notice of the Default or Event of Default within the earlier of 90 days after it occurs or 30 days after it is actually known occurs. At least five Business Days prior to a Trust Officer or written the mailing of any notice to Holders under this Section 7.5, the Trustee shall provide the Company with notice of it is received by the Trusteeits intent to mail such notice. Except in the case of a Default or Event of Default in the payment of principal of, premium (if any) or interest on any NoteSecurity, the Trustee may withhold the notice if and so long as a committee the Responsible Officer of its Trust Officers the Trustee in good faith determines that withholding the notice is in the interests of the Holders.

Appears in 7 contracts

Samples: Indenture (GWG Life, LLC), GWG Holdings, Inc., GWG Life, LLC

Notice of Defaults. If a Default occurs and is continuing and if it is actually known to the Trustee, the Trustee shall mail to each Holder pursuant to Section 14.02 a notice of the Default within the earlier of 90 days after it occurs or 30 days after it is actually known to a Trust Officer or written notice of it is received by the Trusteeoccurrence thereof. Except in the case of a Default in the any payment of principal of, premium (if any) or interest on any Note, the Trustee may withhold the notice if and so long as the board of directors, executive committee or a trust committee of its Trust Officers directors and/or officers in good faith determines that withholding the notice is in the interests of the Holders.

Appears in 6 contracts

Samples: Indenture (Salant Corp), Esterline Technologies Corp, Esterline Technologies Corp

Notice of Defaults. If a Default occurs and is continuing and if it is actually known to a Responsible Officer of the Trustee, the Trustee shall electronically deliver or mail to each Holder Holders of Notes a notice of the Default within the earlier of 90 days after it occurs or 30 days after it is actually known to a Trust Officer or written notice of it is received by the Trustee, unless such Default shall have been waived or cured. Except in the case of a Default in relating to the payment of principal ofprincipal, premium (premium, if any) , or interest on any Note, the Trustee may withhold from the Holders notice of any continuing Default if and so long as a committee of its Trust Officers it determines in good faith determines that withholding the notice is in the interests of the HoldersHolders of the Notes.

Appears in 5 contracts

Samples: Indenture (Catalent, Inc.), Indenture (Harsco Corp), Indenture (Catalent, Inc.)

Notice of Defaults. If a Default occurs and is continuing and if it is actually known to the TrusteeTrustee has actual knowledge of such default, the Trustee shall mail to each Holder notice of the Default within the earlier of 90 days after it occurs or 30 days after it is actually known to a Trust Officer or written notice of it is received by the Trusteeoccurs. Except in the case of a Default in the payment of the principal of, premium (or premium, if any) , or interest on any NoteNote or a default in the observance or performance of any of the obligations of the Company under Article Five, the Trustee may withhold the notice if and so long as a committee of its Trust Responsible Officers in good faith determines that withholding the notice is in the interests best interest of the Holders.

Appears in 5 contracts

Samples: Indenture (Norske Skog Canada LTD), Indenture (Norske Skog Canada LTD), Norske Skog Canada LTD

Notice of Defaults. If a Default occurs and is continuing and if it is actually known to Within 90 days after the Trusteeoccurrence of any Default, the Trustee shall transmit by mail to each Holder all Holders, as their names and addresses appear in the register of Notes, notice of the such Default within the earlier of 90 days after it occurs or 30 days after it is hereunder actually known to a Trust Responsible Officer or written notice of it is received by the Trustee. Except , unless such default shall have been cured or waived; provided, however, that, except in the case of a Default default in the payment of the principal of, premium (if any) of or interest on any Note, the Trustee may withhold the shall be protected in withholding such notice if and so long as a trust committee of its Trust directors and/or Responsible Officers of the Trustee in good faith determines that the withholding the of such notice is in the interests interest of the Holders.

Appears in 5 contracts

Samples: Indenture (Moog Inc), Cablevision Systems Corp /Ny, Cablevision Systems Corp /Ny

Notice of Defaults. If a Within 60 days after the occurrence of any Default, the Trustee shall transmit by mail to all Holders, as their names and addresses appear in the Note Register, notice of such Default occurs and is continuing and if it is actually hereunder known to the Trustee, the Trustee unless such Default shall mail to each Holder notice of the Default within the earlier of 90 days after it occurs have been cured or 30 days after it is actually known to a Trust Officer or written notice of it is received by the Trustee. Except waived; provided, however, that, except in the -------- ------- case of a Default in the payment of the principal of, premium (premium, if any) , or interest on any Note, the Trustee may withhold the shall be protected in withholding such notice if and so long as a trust committee of its Trust Responsible Officers of the Trustee in good faith determines that the withholding the of such notice is in the interests interest of the Holders.

Appears in 5 contracts

Samples: Indenture (Saks Inc), Indenture (Saks Inc), Indenture (Saks Inc)

Notice of Defaults. If a Default occurs and is continuing and if it is actually known to the Trustee, the Trustee shall mail deliver to each Holder notice of the Default within the earlier of 90 days after it occurs or 30 days after it is actually known to a Trust Officer or written notice of it is received by the Trustee. Except in the case of a Default in the payment of principal of, premium (if any) or interest on any NoteSecurity, the Trustee may withhold the notice if and so long as a committee of its Trust Officers in good faith determines that withholding the notice is in the interests of the Holders.

Appears in 5 contracts

Samples: Indenture (Momentive Performance Materials Inc.), Indenture (MPM Silicones, LLC), Indenture (MPM Silicones, LLC)

Notice of Defaults. If a Default occurs and is continuing and if it is actually known to the Trustee, the Trustee shall must mail to each Holder notice of the Default within the earlier of 90 days after it occurs or 30 days after it is actually known to a Trust Officer or written notice of it is received by the Trustee. Except in the case of a Default in the payment of principal of, premium (if any) or interest on any NoteSecurity, the Trustee may withhold the notice if and so long as a committee of its Trust Officers in good faith determines that withholding the notice is in the interests of the Holders.

Appears in 5 contracts

Samples: Agreement and Plan of Merger, Collateral Agreement (Verso Paper Corp.), Collateral Agreement (NewPage Holdings Inc.)

Notice of Defaults. If a Default occurs and is continuing and if it is actually known to the Trustee, the Trustee shall mail to each Holder pursuant to Section 12.02 a notice of the Default within the earlier of 90 days after it occurs or 30 days after it is actually known to a Trust Officer or written notice of it is received by the Trusteeoccurs. Except in the case of a Default in the any payment of principal of, premium (if any) or interest on any NoteSecurity, the Trustee may withhold the notice if and so long as the board of directors, executive committee or a trust committee of its Trust Officers officers in good faith determines that withholding the notice is in the interests of the Holders.

Appears in 5 contracts

Samples: Indenture (Gene D. Yost & Son Inc.), Indenture (MidCon Compression LP), Indenture (Chesapeake Energy Corp)

Notice of Defaults. If a Default occurs and is continuing and if it is actually known to the Trusteea Trust Officer, the Trustee shall mail send to each Holder notice of the Default within the earlier of 90 days after it occurs or 30 days after it is actually known to a Trust Officer or written notice of it is received by the Trustee. Except in the case of a Default in the payment of principal of, premium (if any) or interest on any NoteSecurity, the Trustee may withhold the notice if and so long as a committee of its Trust Officers in good faith determines that withholding the notice is in the interests of the Holders.

Appears in 4 contracts

Samples: Indenture (Phoenix Consulting Group, LLC), Indenture (TPC Group Inc.), Indenture (Remington Arms Co Inc/)

Notice of Defaults. If a Default occurs and is continuing and if it is actually known to the Trustee, the Trustee shall mail to each Holder notice of the Default within the earlier of 90 days after it occurs or 30 days after it is actually known to a Trust Officer or written notice of it is received by the TrusteeOfficer. Except in the case of a Default in the payment of principal of, premium (if any) of or interest on any Note (including payments pursuant to the mandatory redemption provisions of such Note, if any), the Trustee may withhold the notice if and so long as a committee of its Trust Officers in good faith determines that withholding the notice is in the interests of the Holders.

Appears in 4 contracts

Samples: Indenture (Memc Electronic Materials Inc), Indenture (Memc Electronic Materials Inc), Indenture (Memc Electronic Materials Inc)

Notice of Defaults. If a Default occurs and is continuing and if it is actually known to the Trustee, the Trustee shall mail deliver to each Holder notice of the Default within the earlier of 90 days after it occurs or 30 days after it is actually known to a Trust Officer or written notice of it is received by the Trustee. Except in the case of a Default in the payment of principal of, premium (if any) or interest on on, any Note, the Trustee may withhold the notice if and so long as a committee of its Trust Officers in good faith determines that withholding the notice is in the interests of the Holders.

Appears in 4 contracts

Samples: Indenture (Momentive Performance Materials Inc.), Indenture (Momentive Performance Materials Inc.), Indenture (Momentive Performance Materials Quartz, Inc.)

Notice of Defaults. If a Default occurs and is continuing and if it is actually known to the Trustee, the Trustee shall mail to each Holder notice of the Default within the earlier of 90 days after it occurs or 30 days after it is actually known to a Trust Officer or written notice of it is received by the Trusteeoccurs. Except in the case of a Default in the payment of principal the principal, premium, if any, Redemption Price or Purchase Price of, premium (if any) or and accrued interest on on, any Note, the Trustee may withhold the notice if and so long as a the board of directors of the Trustee, the executive committee or any trust committee of such board and/or its Trust Officers in good faith determines determine(s) that withholding the notice is in the interests interest of the Holders.

Appears in 4 contracts

Samples: Indenture (Petro Stopping Centers L P), Indenture (Petro Stopping Centers Holdings Lp), Indenture (Petro Holdings Financial Corp)

Notice of Defaults. If a Default occurs and is continuing and if it the Trustee is actually known to given notice of such occurrence by the TrusteeCompany, the Trustee shall mail to each Holder must give notice of the Default to the Holders within the earlier of 90 60 days after it occurs or 30 days after it is actually known to a Trust Officer or written notice of it is received being notified by the TrusteeCompany. Except in the case of a Default in the payment of principal of, premium (or premium, if any) , or interest on any Note, the Trustee may withhold the notice if and so long as a committee of its Trust Officers trust officers of the Trustee in good faith determines that withholding the notice is in the interests of the Holders.

Appears in 4 contracts

Samples: Intercreditor Agreement (Urban One, Inc.), Intercreditor Agreement (Urban One, Inc.), Indenture (Radio One, Inc.)

Notice of Defaults. If a Default occurs and is continuing and if it is actually known to the TrusteeTrustee has actual knowledge of such default, the Trustee shall mail to each Holder notice of the Default within the earlier of 90 days after it occurs or 30 days after it is actually known to a Trust Officer or written notice of it is received by the Trusteeoccurs. Except in the case of a Default in the payment of the principal of, premium (or premium, if any) , or interest on any NoteNote or a default in the observance or performance of any of the obligations of the Issuer under Article Five, the Trustee may withhold the notice if and so long as a committee of its Trust Responsible Officers in good faith determines that withholding the notice is in the interests best interest of the Holders.

Appears in 4 contracts

Samples: Indenture (Massey Energy Co), Indenture (Ipsco Inc), Indenture (Massey Energy Co)

Notice of Defaults. If a Default or Event of Default occurs and is continuing and if it is actually known to the Trustee, the Trustee shall mail to each Holder notice of the Default or Event of Default within the earlier of 90 days after it occurs or 30 days after it is actually known to a Trust Officer or written notice of it is received by the Trustee. Except in the case of a Default or Event of Default in the payment of principal of, premium (if any) of or interest on any NoteSecurity, the Trustee may withhold the notice if and so long as a committee of its Trust Officers in good faith determines that withholding the notice is in the interests of the Holders.

Appears in 4 contracts

Samples: Indenture (Rite Aid Corp), Tia Indenture (Rite Aid Corp), Rite Aid Corp

Notice of Defaults. If a Within 45 days after the occurrence of any Default, the Trustee shall transmit by mail to all Holders, as their names and addresses appear in the Note Register, notice of such Default occurs and is continuing and if it is actually hereunder known to the Trustee, the Trustee unless such Default shall mail to each Holder notice of the Default within the earlier of 90 days after it occurs have been cured or 30 days after it is actually known to a Trust Officer or written notice of it is received by the Trustee. Except waived; provided, however, that, except in the case of a Default in the payment of the principal of, premium (premium, if any) , or interest on any Note, the Trustee may withhold the shall be protected in withholding such notice if and so long as a trust committee of its Trust Responsible Officers of the Trustee in good faith determines that the withholding the of such notice is in the interests interest of the Holders.

Appears in 4 contracts

Samples: Indenture (Verio Inc), Verio Inc, Verio Inc

Notice of Defaults. If a Default occurs and is continuing and if it is actually known to the Trustee, the Trustee shall mail or otherwise deliver in accordance with the procedures of DTC to each Holder Holders a notice of the Default within the earlier of 90 days after it occurs or 30 if later, 15 days after it is actually known to a Trust Officer obtains knowledge thereof, unless such default shall have been cured or written notice of it is received by the Trusteewaived. Except in the case of a Default in relating to the payment of principal ofprincipal, premium (premium, if any) , or interest on any Note, the Trustee may withhold from the Holders notice of any continuing Default if and so long as a committee of its Trust Officers it in good faith determines that withholding the notice is in the interests of the Holders.

Appears in 4 contracts

Samples: Indenture (LPL Financial Holdings Inc.), Indenture (LPL Financial Holdings Inc.), Indenture (LPL Financial Holdings Inc.)

Notice of Defaults. If a Default occurs and is continuing and if it is actually known to the Trustee, the Trustee shall mail to each Holder notice of the Default within the earlier of 90 days after it occurs or 30 days after it is actually known to a Trust Officer or written notice of it is received by the Trusteetrust officer. Except in the case of a Default in the payment of principal of, premium (if any) of or interest on any NoteSecurity (including payments pursuant to the mandatory redemption provisions of such Security, if any), the Trustee may withhold the notice if and so long as a committee of its Trust Officers in good faith determines that withholding the notice is in the interests of the Holders.

Appears in 4 contracts

Samples: Supplemental Indenture (Sea Coast Foods, Inc.), Supplemental Indenture (Land O Lakes Inc), Donjoy LLC

Notice of Defaults. If a Default occurs and is continuing and if it is actually known to a Trust Officer of the Trustee, the Trustee shall mail deliver to each Holder notice of the Default within the earlier of 90 days after it occurs or 30 days after it is actually known to a Trust Officer or written notice of it is received by the Trustee. Except in the case of a Default in the payment of principal of, premium (if any) or interest on any Note, the Trustee may withhold the notice if and so long as a committee of its Trust Officers the Trustee in good faith determines that withholding the notice is in the interests of the Holders.

Appears in 4 contracts

Samples: Mattel Inc /De/, Mattel Inc /De/, Mattel Inc /De/

Notice of Defaults. If a the Trustee receives notice of any Default occurs and is continuing and if it is actually known to or Event of Default from the TrusteeCompany, the Trustee shall mail to each Holder Holders a notice of the Default or Event of Default within the earlier of 90 days after it occurs or 30 days after it is actually known to a Trust Officer or written notice of it is received by the Trusteereceipt thereof. Except in the case of a Default or Event of Default in the payment of principal of, premium (premium, if any) , or interest on any Note, the Trustee may withhold the notice if and so long as a committee of its Trust Responsible Officers in good faith determines that withholding the notice is in the interests of the Holders.

Appears in 4 contracts

Samples: Indenture (Tu Guo Shen), Hi-Tech Wealth Inc., Fushi International Inc

Notice of Defaults. If a Default occurs and is continuing and if it is actually known to the Trustee, the Trustee shall mail or otherwise deliver in accordance with the procedures of the Depositary to each Holder Holders a notice of the Default within the earlier of 90 days after it occurs obtains knowledge thereof, unless such default shall have been cured or 30 days after it is actually known to a Trust Officer or written notice of it is received by the Trusteewaived. Except in the case of a Default in relating to the payment of principal ofprincipal, premium (premium, if any) , or interest on any Note, the Trustee may withhold from the Holders notice of any continuing Default if and so long as a committee of its Trust Officers it in good faith determines that withholding the notice is in the interests of the Holders.

Appears in 3 contracts

Samples: Indenture (MultiPlan Corp), Indenture (MultiPlan Corp), Indenture (MultiPlan Corp)

Notice of Defaults. If a Default occurs and is continuing and if it is actually known to the TrusteeTrustee pursuant to Section 7.01(g), the Trustee shall mail to each Holder pursuant to Section 11.02 a notice of the Default within the earlier of 90 days after it occurs or 30 days after it is actually known to a Trust Officer or written notice of it is received by the Trusteeoccurs. Except in the case of a Default in the any payment of principal of, premium (if any) or interest on any NoteSecurity, the Trustee may withhold the notice if and so long as the board of directors, executive committee or a trust committee of its Trust Officers officers in good faith determines that withholding the notice is in the interests of the Holders.

Appears in 3 contracts

Samples: Gothic Energy Corp, National Energy Group Inc, National Energy Group Inc

Notice of Defaults. If a Default occurs and is continuing and if it is actually known to the Trustee, the Trustee shall mail send to each Holder notice of the Default within the earlier of 90 days after it occurs or 30 days after it is actually known to a Trust Officer or written notice of it is received by the Trustee. Except in the case of a Default in the payment of principal of, premium (if any) or interest on any NoteSecurity, the Trustee may withhold the notice if and so long as a committee of its Trust Officers it in good faith determines that withholding the notice is in the interests of the Holders.

Appears in 3 contracts

Samples: Indenture (Berry Plastics Corp), Indenture (Aeroways, LLC), Indenture (Cke Restaurants Inc)

Notice of Defaults. If a Default occurs and is continuing and if it is actually known to a Trust Officer of the Trustee, the Trustee shall mail send to each Holder notice of the Default within the earlier of 90 days after it occurs or 30 days after it is actually known to a Trust Officer or written notice of it is received by the Trustee, or promptly after discovery or obtaining notice if such discovery is made or notice is received 90 days after the Default occurs. Except in the case of a Default in the payment of principal of, premium (if any) or interest on any Note, the Trustee may withhold the notice if and so long as a committee of its Trust Officers it in good faith determines that withholding the notice is in the interests of the Holders.

Appears in 3 contracts

Samples: Supplemental Indenture (Homefed Corp), Supplemental Indenture (Homefed Corp), Indenture (Metaldyne Performance Group Inc.)

Notice of Defaults. If a Default occurs and is continuing and if it is actually known to the Trustee, the Trustee shall mail deliver to each Holder notice of the Default within the earlier of 90 days after it occurs or 30 days after it is actually known to a Trust Officer or written notice of it is received by the Trustee. Except in the case of a Default in the payment of principal of, premium (if any) or interest on any Note, the Trustee may withhold the notice if and so long as a committee of its Trust Officers in good faith determines that withholding the notice is in the interests of the Holders.

Appears in 3 contracts

Samples: Supplemental Indenture (Momentive Performance Materials Inc.), Indenture (Momentive Performance Materials Inc.), Indenture (Momentive Performance Materials Inc.)

Notice of Defaults. If a Default occurs and is continuing and if it a Responsible Officer is actually known to informed of such occurrence by the TrusteeCompany or the Issuer, the Trustee shall mail to each Holder give notice of the Default to the Holders within the earlier of 90 60 days after it occurs or 30 days after it is actually known to a Trust Officer or written notice of it is received being notified by the TrusteeCompany or the Issuer. Except in the case of a Default in the payment of principal of, premium (or premium, if any) , or interest on any Note, the Trustee may withhold the notice if and so long as a committee of its Trust Officers it in good faith determines that withholding the notice is in the interests of the Holders.

Appears in 3 contracts

Samples: Indenture (Avis Budget Group, Inc.), Indenture (Avis Budget Group, Inc.), Indenture (Avis Budget Group, Inc.)

Notice of Defaults. If a Default occurs and is continuing and if it is actually known to a Responsible Officer of the Trustee, the Trustee shall send electronically or by mail to each Holder Holders a notice of the Default within the earlier of 90 days after it occurs or 30 days after it is actually known to a Trust Officer or written notice of it is received by the Trusteebecomes so known. Except in the case of a Default in the payment of principal of, premium (premium, if any) , or interest on any Note, the Trustee may withhold the notice if and so long as a committee of its Trust Officers the Trustee in good faith determines that withholding the notice is in the interests of the Holders.

Appears in 3 contracts

Samples: Indenture (Oshkosh Corp), Indenture (Oshkosh Corp), Indenture (Oshkosh Corp)

Notice of Defaults. If a Default occurs and is continuing and if it is actually known to a Trust Officer of the Trustee, the Trustee shall mail send to each Holder notice of the Default within the earlier of 90 days after it occurs or 30 days after it is actually known to a Trust Officer or written notice of it is received by the Trustee, or promptly after discovery or obtaining notice if such discovery is made or notice is received 90 days after the Default occurs. Except in the case of a Default in the payment of principal of, premium (if any) or interest on any NoteSecurity, the Trustee may withhold the notice if and so long as a committee of its Trust Officers it in good faith determines that withholding the notice is in the interests of the Holders.

Appears in 3 contracts

Samples: Indenture (PQ Group Holdings Inc.), Indenture (Hillman Companies Inc), Party City Holdco Inc.

Notice of Defaults. If a Default or Event of Default occurs and is continuing and if it is actually known to the Trustee, the Trustee shall mail to each Holder Holders a notice of the Default or Event of Default within the earlier of 90 days after it occurs or 30 days after it is actually known to a Trust Officer or written notice of it is received by the Trusteeoccurs. Except in the case of a Default or Event of Default in the payment of principal of, premium (or premium, if any) , or interest on any NoteSecurity, the Trustee may withhold the notice if and so long as the board of directors, the executive committee or a trust committee of its directors and/or Trust Officers of the Trustee in good faith determines that withholding the notice is in the interests of the Holders.

Appears in 3 contracts

Samples: Newfield Exploration Co /De/, Barrett Resources Corp, Barrett Resources Corp

Notice of Defaults. If a Default occurs and is continuing and if it is actually known to a Trust Officer of the Trustee, the Trustee shall mail send to each Holder notice of the Default within the earlier later of 90 days after it occurs or 30 days after it is actually known to a Trust Officer or written notice of it is received by the Trustee, or promptly after discovery or obtaining notice if such discovery is made or notice is received 90 days after the Default occurs. Except in the case of a Default in the payment of principal of, premium (if any) or interest on any Note, the Trustee may withhold the notice if and so long as a committee of its Trust Officers it in good faith determines that withholding the notice is in the interests of the Holders.

Appears in 3 contracts

Samples: Indenture (Tenneco Inc), Indenture (Tenneco Inc), Kronos Worldwide Inc

Notice of Defaults. If a Default occurs and is continuing and if it is actually known to the Trustee, the Trustee shall mail to each Holder notice of the Default within the earlier of 90 days after it occurs or 30 days after it is actually known to a Trust Officer or written notice of it is received by the Trustee, but in no event later than 90 days after the occurrence thereof. Except in the case of a Default in the payment of principal of, premium (premium, if any) , or interest on any Note (including payments pursuant to the mandatory redemption provisions of such Note, if any), the Trustee may withhold the notice if and so long as a committee of its Trust Officers in good faith determines that withholding the notice is in the interests of the Holders.

Appears in 3 contracts

Samples: Prime Succession Holdings Inc, Prime Succession Holdings Inc, Prime Succession Holdings Inc

Notice of Defaults. If a Default or an Event of Default occurs and is continuing and if it is actually known to the Trustee, the Trustee shall must mail to each Holder Noteholder notice of the Default within the earlier of 90 days after it occurs or 30 days after it is actually known to a Trust Officer or written notice of it is received by the Trustee. Except in the case of a Default in the payment of principal of, premium (if any) or interest on any Note, the Trustee may withhold the notice if and so long as a committee of its Trust Officers in good faith determines that withholding the notice is in not opposed to the interests of the HoldersNoteholders.

Appears in 3 contracts

Samples: Indenture (Spectrasite Holdings Inc), Indenture (Spectrasite Holdings Inc), Spectrasite Holdings Inc

Notice of Defaults. If a Default occurs and is continuing and if it is actually known to the Trustee, the Trustee shall mail to each Holder notice of the Default within the earlier of 90 days after it occurs or 30 days after it is actually known to a Trust Officer or written notice of it is received by the Trustee. Except in the case of a Default in the payment of principal of, premium (if any) or interest on any NoteSecurity (including payments pursuant to the redemption provisions of such Security), the Trustee may withhold the notice if and so long as a committee of its Trust Officers in good faith determines that withholding the notice is in the interests of the Holders.

Appears in 3 contracts

Samples: SOUTHERN DEVELOPMENT Co, Kansas City Southern, Kansas City Southern

Notice of Defaults. If a Default occurs and is continuing and if it is actually known to the Trustee, the Trustee shall mail to each Holder notice of the Default within the earlier of 90 days after it occurs or 30 days after it is actually known to a Trust Officer or written notice of it is received by the Trustee. Except in the case of a Default in the payment of principal of, premium (if any) or interest (including deferred interest) on any Note, the Trustee may withhold the notice if and so long as a committee of its Trust Officers in good faith determines that withholding the notice is in the interests of the Holders.

Appears in 3 contracts

Samples: Otelco (Otelco Telecommunications LLC), Otelco (Otelco Inc.), Supplemental Indenture (Brindlee Mountain Telephone Co)

Notice of Defaults. If a Default occurs and is continuing and if it is actually known to the Trustee, the Trustee shall mail to each Holder notice of the Default must send within the earlier of 90 days after it occurs or 30 days after it is actually occurs, to all Holders as their names and addresses appear in the Note Register, notice of such Default hereunder known to a Trust Officer the Trustee unless such Default shall have been cured or written notice of it is received by the Trustee. Except waived; provided, however, that, except in the case of a Default in the payment of principal of, or premium (if any) or interest on on, any Note, the Trustee may withhold the notice if and so long as a committee of its Trust Officers the Trustee in good faith determines that withholding the notice is in the interests of the Holders.

Appears in 3 contracts

Samples: Collateral Agreement (Ambac Financial Group Inc), Collateral Agreement (Ambac Financial Group Inc), Collateral Agreement (Ambac Financial Group Inc)

Notice of Defaults. If a Default occurs and is continuing and if it is actually known to the Trustee, the Trustee shall mail to each Holder notice of the Default within the earlier of 90 days after it occurs or 30 but in no event sooner than five days after it is the Trustee becomes actually known to a Trust Officer or written notice aware of it is received by the TrusteeDefault. Except in the case of a Default in the payment of principal ofof (or premium, premium (if any) or interest on any NoteSecurity (including payments pursuant to the mandatory repurchase provisions of such Security, if any), the Trustee may withhold the notice if and so long as a committee of its Trust Officers the Trustee in good faith determines that withholding the notice is in the interests of the Holders.

Appears in 2 contracts

Samples: Trend Drilling Co, Nabors Industries Inc

Notice of Defaults. If a Default occurs and is continuing and if it is actually known to the Trustee, the The Trustee shall mail to each Holder give the Holders and any Representative of Senior Debt that has so requested in writing notice of the any Default hereunder within the earlier of 90 60 days after it occurs or 30 days after it is actually known to a Trust Officer or written notice of it is received by the Trustee. Except occurrence thereof; provided, that (except in the case of a any Default in the payment of principal of, premium (if any) Principal Amount or interest Interest on any Noteof the Securities or Fundamental Change Repurchase Price), the Trustee may withhold shall be protected in withholding such notice to the notice Holders (but not the Representative of the Senior Debt) if and so long as a committee of its Trust Officers officers of the Trustee in good faith determines that the withholding the of such notice is in the interests interest of the Holders.

Appears in 2 contracts

Samples: Indenture (Verisign Inc/Ca), Indenture (Microchip Technology Inc)

Notice of Defaults. If a Default occurs and is continuing and if it is actually known to the Trustee, the Trustee shall must mail to each Holder notice of the Default within the earlier of 90 days after it occurs or 30 days after it is actually occurs, to all Holders as their names and addresses appear in the Note Register, notice of such Default hereunder known to a Trust Officer the Trustee unless such Default shall have been cured or written notice of it is received by the Trustee. Except waived; provided, however, that, except in the case of a Default in the payment of the principal of, premium (premium, if any) , or interest on any Note, the Trustee may withhold the shall be protected in withholding such notice if and so long as a committee of its Trust Officers the Trustee in good faith determines that the withholding the of such notice is in the interests of the Holders.

Appears in 2 contracts

Samples: Hertz Global Holdings Inc, Hertz Global Holdings Inc

Notice of Defaults. If a Default or Event of Default occurs and is continuing and if it is actually known to the Trustee, the Trustee shall will mail to each Holder Holders a notice of the Default or Event of Default within the earlier of 90 days after it occurs or 30 days after it is actually known to a Trust Officer or written notice of it is received by the Trusteeoccurs. Except in the case of a Default or Event of Default in the payment of principal of, interest, premium (or Liquidated Damages, if any) or interest , on any Note, the Trustee may withhold from Holders the notice if and so long as a committee of its Trust Responsible Officers in good faith determines that withholding the notice is in the interests of the Holders.

Appears in 2 contracts

Samples: Indenture (Interactive Voice Media (Sacramento) Corp.), Indenture (Beverly Enterprises Inc)

Notice of Defaults. If a Default occurs and is continuing and if it is actually known to the Trusteea Trust Officer, the Trustee shall mail send to each Holder notice of the Default within the earlier of 90 days after it occurs or 30 days after it is actually known to a Trust Officer or written notice of it is received by the Trustee. Except in the case of a Default in the payment of principal of, premium (if any) or interest on any NoteNotes, the Trustee may withhold the notice if and so long as a committee of its Trust Officers it in good faith determines that withholding the notice is in the interests of the Holders.

Appears in 2 contracts

Samples: Indenture (Delta Tucker Holdings, Inc.), Indenture (Worldwide Recruiting & Staffing Services LLC)

Notice of Defaults. If a Default occurs and is continuing and if it is actually known to a Trust Officer of the Trustee, the Trustee shall mail to each Holder and publish in accordance with Section 15.02 notice of the Default within the earlier of 90 days after it occurs or 30 days after it is actually known to a Trust Officer or written notice of it is received by the Trusteeoccurs. Except in the case of a Default in the payment of principal of, premium or interest or Additional Amounts on, any Note (including payments pursuant to the mandatory redemption provisions of such Note, if any) or interest on any Note), the Trustee may withhold the notice if and so long as a committee of its Trust Officers in good faith determines that withholding the notice is in not opposed to the interests of the Holders.

Appears in 2 contracts

Samples: Indenture (Pt Polytama Propindo), Indenture (Pt Polytama Propindo)

Notice of Defaults. If a Default occurs and is continuing and if it is actually known to the TrusteeTrustee has actual knowledge of such Default, the Trustee shall mail to each Holder a notice of the Default within the earlier of 90 days after it occurs or 30 days after it is actually known to a Trust Officer or written notice the Trustee first has actual knowledge of it is received by the Trusteesuch Default. Except in the case of a an Event of Default specified in the payment of principal of, premium clauses (if any1) or interest on any Note(2) of Section 6.01(a), the Trustee may withhold the shall be protected in withholding such notice if and so long as the Board of Directors, the executive committee or a trust committee of its Trust directors or trustees and/or Responsible Officers of the Trustee determines in good faith determines that the withholding the of such notice is in the interests of the Holders.

Appears in 2 contracts

Samples: Indenture (Universal Health Services Inc), Indenture (Universal Health Services Inc)

Notice of Defaults. If a Default occurs and is continuing and if it is actually known to the Trustee, the Trustee shall mail to each Holder notice of the Default must send within the earlier of 90 days after it occurs or 30 days after it is actually occurs, to all Holders as their names and addresses appear in the Note Register, notice of such Default hereunder known to a Trust Officer the Trustee unless such Default shall have been cured or written notice of it is received by the Trustee. Except waived; provided, however, that, except in the case of a Default in the payment of principal of, premium (or premium, if any) , or interest on on, any Note, the Trustee may withhold the notice if and so long as a committee of its Trust Officers the Trustee in good faith determines that the withholding the of such notice is in the interests of the Holders.

Appears in 2 contracts

Samples: Core & Main, Inc., Indenture (Nci Building Systems Inc)

Notice of Defaults. If a Default or Event of Default occurs and is continuing and if it is actually known to the Trusteea Trust Officer has actual knowledge thereof, the Trustee shall mail to each Holder notice of the Default or Event of Default within the earlier of 90 days after it occurs or 30 days after it is actually known to a Trust Officer or written notice of it is received by the Trusteeit. Except in the case of a Default or Event of Default in the payment of principal of, premium (premium, if any) , or interest on any Note, the Trustee may withhold the notice if and so long as a committee of its Trust Officers officers in good faith determines that withholding the notice is in the interests of the Holders.

Appears in 2 contracts

Samples: Indenture (Venoco, Inc.), Indenture (Venoco, Inc.)

Notice of Defaults. If a Default occurs and is continuing and if it is actually known to the Trustee or if written notice thereof is received by the Trustee, the Trustee shall mail deliver to each Holder holder notice of the Default within the earlier later of 90 days after it occurs or 30 days after it is actually known to a Trust Officer or written notice of it is received by the Trustee. Except in the case of a Default in the payment of principal of, premium (if any) or interest on any Note, the Trustee may withhold the notice if and so long as a committee of its Trust Officers in good faith determines that withholding the notice is in the interests of the Holdersholders.

Appears in 2 contracts

Samples: Indenture (Vici Properties Inc.), Indenture (Vici Properties Inc.)

Notice of Defaults. If a Default occurs and is continuing and if it is actually known to the Trustee, the Trustee shall mail to each Holder notice of the Default within the earlier of 90 days after it occurs or 30 days after it is actually known to a Trust Officer or written notice of it is received by the Trustee. Except in the case of a Default in the payment of principal Accreted Value of, premium (if any) or interest on any Note, the Trustee may withhold the notice if and so long as a committee of its Trust Officers in good faith determines that withholding the notice is in the interests of the Holders.

Appears in 2 contracts

Samples: Indenture (Intelsat LTD), Indenture (Intelsat LTD)

Notice of Defaults. If a Default on the Notes occurs and is continuing and if it is actually known to the Trustee, the Trustee shall mail to each Holder notice of the Default (which shall specify any uncured Default known to it) within the earlier of 90 days after it occurs or 30 days after it is actually known to a Trust Officer or written notice of it is received by the Trusteeoccurs. Except in the case of a Default default in the payment of principal ofprincipal, premium (if any) or interest on any Notethe Notes, the Trustee may withhold the notice if and so long as a the board of directors of the Trustee, the executive or any trust committee of its Trust Officers such directors and/or responsible officers of the Trustee in good faith determines determine(s) that withholding the notice is in the interests of the Holders.

Appears in 2 contracts

Samples: Indenture (MDC Holdings Inc), Indenture (MDC Holdings Inc)

Notice of Defaults. If a Default occurs and is continuing and if it is actually known to the Trusteea Trust Officer, the Trustee shall mail to each Holder notice of the Default within the earlier of 90 days after it occurs or 30 days after it is actually known to a Trust Officer or written notice of it is received by the Trustee. Except in the case of a Default in the payment of principal of, premium (if any) or interest on any NoteSecurity (including payments pursuant to the redemption provisions of such Security), the Trustee may withhold the notice if and so long as a committee of its Trust Officers in good faith determines that withholding the notice is in the interests of the Holders.

Appears in 2 contracts

Samples: Goodyear Tire & Rubber Co /Oh/, Goodyear Tire & Rubber Co /Oh/

Notice of Defaults. If a Default occurs and is continuing and if it is actually known to the Trustee, the Trustee shall mail to each Holder notice of the Default within the earlier of (a) 90 days after it occurs or (b) 30 days after it is actually known to a Trust Officer or written notice of it is received by the Trustee. Except in the case of a Default in the payment of principal of, premium (if any) or interest on any Note, the Trustee may withhold the notice if and so long as a committee of its Trust Officers in good faith determines that withholding the notice is in the interests of the Holders. Section 7.06.

Appears in 2 contracts

Samples: Rural Metro Corp /De/, Rural Metro Corp /De/

Notice of Defaults. If a Default occurs and is continuing and if it is actually known to the Trustee, the Trustee shall mail deliver to each Holder Holders a notice of the Default within the earlier of 90 days after it occurs or 30 days after it is actually known to a Trust Officer or written notice of it is received by the Trusteeoccurs. Except in the case of a Default in relating to the payment of principal ofprincipal, premium (premium, if any) , or interest on any Note, the Trustee may withhold from the Holders notice of any continuing Default if and so long as a committee Responsible Officer of its Trust Officers the Trustee in good faith determines that withholding the notice is in the interests of the Holders.

Appears in 2 contracts

Samples: Indenture (Benefit Holding, Inc.), Indenture (Benefit Holding, Inc.)

Notice of Defaults. If a Default or Event of Default occurs and is continuing and if it is actually known to the Trustee, the Trustee shall mail transmit to each Holder Holders a notice of the Default or Event of Default within the earlier of 90 days after it occurs or 30 days if discovered later than 90 days, promptly after it is actually known to a Trust Officer or written notice of it is received by the Trusteesuch discovery. Except in the case of a Default or Event of Default in the payment of principal of, premium (premium, if any) , or interest on on, any Note, the Trustee may withhold the notice if and so long as a committee of its Trust Officers the Trustee in good faith determines that withholding the notice is in the interests of the HoldersHolders of the Notes.

Appears in 2 contracts

Samples: Indenture (Vantage Drilling International), Indenture (Vantage International Management Pte Ltd.)

Notice of Defaults. If a Default or an Event of Default occurs and is continuing and if it is actually known to the Trustee, the Trustee shall mail to each Holder notice of the Default or Event of Default to each Holder within the earlier of 90 days after it occurs or 30 days after it is actually known to a Trust Officer or written notice of it is received by the Trustee. Except occurrence thereof; provided, -------- however, that, except in the case of a Default or an Event of Default in the ------- payment of the principal of, premium (premium, if any) , or interest on any Note, the Trustee may withhold the such notice if and so long as a committee of its Trust Officers trust officers in good faith determines that the withholding the of such notice is in the interests interest of the Holders.

Appears in 2 contracts

Samples: Indenture (Euronet Services Inc), Indenture (Euronet Services Inc)

Notice of Defaults. If a Default occurs and is continuing and if it is actually known to the Trustee, the Trustee shall mail to each Holder pursuant to Section 13.02 a notice of the Default within the earlier of 90 days after it occurs or 30 days after it is actually known to a Trust Officer or written notice of it is received by the Trusteeoccurs. Except in the case of a Default in the any payment of principal of, premium (if any) or interest on any NoteSecurity, the Trustee may withhold the notice if and so long as the board of directors, executive committee or a trust committee of its Trust Officers directors and/or officers in good faith determines that withholding the notice is in the interests of the Holders.

Appears in 2 contracts

Samples: Plains Resources Inc, Plains Resources Inc

Notice of Defaults. If a Default occurs and is continuing and if it is actually known to the Trustee, the Trustee shall mail to each Holder notice of the Default within the earlier of 90 days after it occurs or 30 days after it is actually known to a Trust Officer or written notice of it is received by the Trusteetrust officer. Except in the case of a Default in the payment of principal of, premium (if any) of or interest on any Note (including payments pursuant to the mandatory redemption provisions of such Note, if any), the Trustee may withhold the notice if and so long as a committee of its Trust Officers in good faith determines that withholding the notice is in the interests of the Holders.

Appears in 2 contracts

Samples: On Semiconductor Corp, Semiconductor Components Industries LLC

Notice of Defaults. If a Default occurs and is continuing and if it is actually known to a Trust Officer of the Trustee, the Trustee shall mail send to each Holder notice of the Default within the earlier of 90 days after it occurs or 30 days after it is actually known to a Trust Officer or written notice of it is received by the Trustee, or promptly after discovery or obtaining notice if such discovery is made or notice is received more than 90 days after the Default occurs. Except in the case of a Default in the payment of principal of, premium (if any) or interest on any NoteSecurity, the Trustee may withhold the notice if and so long as a committee of its Trust Officers it in good faith determines that withholding the notice is in the interests of the Holders.

Appears in 2 contracts

Samples: Pledge and Security Agreement (Party City Holdco Inc.), Indenture (Party City Holdco Inc.)

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Notice of Defaults. If a Default occurs and is continuing and if it is actually known to the Trustee, the Trustee shall mail cause to be provided to the Company and each Holder notice a written Notice of the Default within the earlier of 90 15 days after it occurs or 30 days after it is actually known to a Trust Officer or written notice of it is received by the TrusteeTrustee obtains such knowledge. Except in the case of a Default in the payment of principal of, premium (premium, if any) , or interest on any Note, the Trustee may withhold the notice if and so long as a committee of its Trust Officers of the Trustee in good faith determines that withholding the notice is in the interests of the Holders.

Appears in 2 contracts

Samples: Indenture (FedNat Holding Co), FEDERATED NATIONAL HOLDING Co

Notice of Defaults. If a Default occurs and is continuing and if it is actually known to a Responsible Officer of the Trustee, the Trustee shall send electronically or mail to each Holder Holders a notice of the Default within the earlier of 90 days after it occurs or 30 15 days after it the Trustee has actual knowledge of the Default, whichever is actually known to a Trust Officer or written notice of it is received by the Trusteelater. Except in the case of a Default in the payment of principal of, premium (premium, if any) , or interest on any Note, the Trustee may withhold the notice if and so long as a committee of its Trust Officers the Trustee in good faith determines that withholding the notice is in the interests of the Holders.

Appears in 2 contracts

Samples: Indenture (Moog Inc.), Indenture (Moog Inc.)

Notice of Defaults. If a Default occurs and is continuing and if it is actually known to a Responsible Officer the Trustee, the Trustee shall mail deliver to each Holder Holders a notice of the Default within the earlier of 90 days after it occurs or 30 days after it is actually known to a Trust Officer or written notice of it is received by the Trusteeoccurs. Except in the case of a Default in relating to the payment of principal ofprincipal, premium (premium, if any) , or interest on any Note, the Trustee may withhold from the Holders notice of any continuing Default if and so long as a committee of its Trust Officers it in good faith determines that withholding the notice is in the interests of the Holders.

Appears in 2 contracts

Samples: Indenture (Carters Inc), Indenture (Carters Inc)

Notice of Defaults. If a Default occurs and is continuing and if it is actually known to the Trustee, the Trustee shall mail to each Holder notice of the Default within the earlier of 90 days after it occurs or 30 days after it is actually known to a Trust Officer or written notice of it is received by the Trustee. Except in the case of a Default in the payment of principal of, premium (if any) or interest on any NoteSecurity (including payments pursuant to the redemption provisions of such Security, if any), the Trustee may withhold the notice if and so long as a committee of its Trust Officers in good faith determines that withholding the notice is in the interests of the Holders.

Appears in 2 contracts

Samples: Supplemental Indenture (Dex Media International Inc), Supplemental Indenture (Dex Media Inc)

Notice of Defaults. If a Default occurs and is continuing and if it is actually known to the Trustee, the Trustee shall mail to each Holder notice of the Default within the earlier of 90 days after it occurs or 30 days after it is actually known to a Trust Officer or written notice of it is received by the Trustee. Except in the case of a Default in the payment of principal Accreted Value of, premium (premium, if any) , or interest interest, if any, on any NoteSecurity, the Trustee may withhold the notice if and so long as a committee of its Trust Officers in good faith determines that withholding the notice is in the interests of the Holders.

Appears in 2 contracts

Samples: Supplemental Indenture (Nalco Finance Holdings Inc.), Supplemental Indenture (Nalco Energy Services Equatorial Guinea LLC)

Notice of Defaults. If a Default occurs and is continuing and if it is actually known to the Trustee, the Trustee shall mail to each Holder holder notice of the Default within the earlier later of 90 days after it occurs or 30 days after it is actually known to a Trust Responsible Officer or written notice of it is received by the Trustee. Except in the case of a Default in the payment of principal of, premium (if any) or interest on any Note, the Trustee may withhold the notice if and so long as a committee of its Trust Responsible Officers in good faith determines that withholding the notice is in the interests of the Holdersholders. The Issuer is required to deliver to the Trustee, annually, a certificate indicating whether the signers thereof know of any Default that occurred during the previous year.

Appears in 2 contracts

Samples: Supplemental Indenture (TAMINCO ACQUISITION Corp), Supplemental Indenture (TAMINCO ACQUISITION Corp)

Notice of Defaults. If a Default occurs and is continuing and if it is actually known to the Trustee, the Trustee shall mail to each Holder notice of the Default within the earlier of 90 days after it occurs or 30 days after it is actually known to a Trust Officer or written notice of it is received by the Trusteeoccurs. Except in the case of a Default in the payment of the principal of, premium (if any) of or interest on any Note, the Trustee may withhold the notice if and so long as a committee of its Trust Officers in good faith determines that the withholding the of such notice is in the interests of the Holders.

Appears in 2 contracts

Samples: _______________________________________________________________ _______________________________________________________________ (Isp Holdings Inc), _______________________________________________________________ _______________________________________________________________ (Isp Holdings Inc)

Notice of Defaults. If a Default occurs and is continuing and if it is actually known to the Trustee, the Trustee shall must mail to each Holder of Notes notice of the Default within the earlier of 90 days after it occurs or 30 days after it is actually known to a Trust Officer or written notice of it is received by the Trustee. Except in the case of a Default specified in the payment of principal of, premium (if anySection 6.01(1) or interest on any Note(2), the Trustee may withhold the notice if and so long as a committee of its Trust Officers in good faith determines that withholding the notice is in the interests of the HoldersHolders of Notes.

Appears in 2 contracts

Samples: Indenture (HNS Finance Corp.), Supplemental Indenture (Hughes Communications, Inc.)

Notice of Defaults. If a Within 90 days after the occurrence of any Default, the Trustee shall transmit by mail to all Holders, as their names and addresses appear in the Note Register, notice of such Default occurs and is continuing and if it is actually hereunder known to the Trustee; PROVIDED, the Trustee shall mail to each Holder notice of the Default within the earlier of 90 days after it occurs or 30 days after it is actually known to a Trust Officer or written notice of it is received by the Trustee. Except HOWEVER, that, except in the case of a Default in the payment of the principal of, premium (premium, if any) , or interest on any Note, the Trustee may withhold the shall be protected in withholding such notice if and so long as the board of directors, the executive committee or a trust committee of its Trust Responsible Officers of the Trustee in good faith determines that the withholding the of such notice is in the interests interest of the Holders.

Appears in 2 contracts

Samples: Indenture (Leiner Health Products Inc), Indenture (Leiner Health Products Inc)

Notice of Defaults. If a Default occurs and is continuing and if it is actually known to the Trustee, the Trustee shall mail to each Holder notice of the Default within the earlier of 90 days after it occurs or 30 days after it is actually known to a Trust Officer or written notice of it is received by the TrusteeOfficer. Except in the case of a Default in the payment of principal of, premium (if any) of or interest on any NoteSecurity (including payments pursuant to the mandatory redemption provisions of such Security, if any), the Trustee may withhold the notice if and so long as a committee of its Trust Officers in good faith determines that withholding the notice is in the interests of the Holders.

Appears in 2 contracts

Samples: Pliant Corp International, Pierson Industries Inc

Notice of Defaults. If a Default occurs and is continuing and if it written notice thereof is actually known to received by the Trustee, the Trustee shall mail deliver, to each Holder notice of as its name and address appears in the Default Note Register, within the earlier of 90 days after it occurs or 30 days after it is actually known to a Trust Officer or written occurs, notice of it is received by the Trusteesuch Default unless such Default shall have been cured or waived. Except in the case of a Default in the payment of principal of, or premium (if any) or interest on on, any Note, the Trustee may withhold the notice if and so long as a committee of its Trust Officers the Trustee in good faith determines that withholding the notice is in the interests of the Holders.

Appears in 2 contracts

Samples: Supplemental Indenture (Frontdoor, Inc.), Supplemental Indenture (Servicemaster Global Holdings Inc)

Notice of Defaults. If a Default or Event of Default occurs and is continuing and if it is actually known to the Trustee, the Trustee shall mail to each Holder notice of the Default or Event of Default within the earlier of 90 days after it occurs or 30 days after it is actually known to a Trust Officer or written notice of it is received by the Trustee. Except in the case of a Default or Event of Default in the payment of principal of, premium (if any) of or interest on any NoteSecurity, the Trustee may withhold the notice if and so long as a committee of its Trust Officers in good faith determines that withholding the notice is in the interests of the Holders.

Appears in 2 contracts

Samples: Intercreditor Agreement (National CineMedia, LLC), National CineMedia, LLC

Notice of Defaults. If a Default occurs and is continuing and if it is actually known to the Trustee, the Trustee shall must mail to each Holder notice of the Default within the earlier of 90 days after it occurs or 30 days after it is actually occurs, to all Holders as their names and addresses appear in the Note Register, notice of such Default hereunder known to a Trust Officer the Trustee unless such Default shall have been cured or written notice of it is received by the Trustee. Except waived; provided, however, that, except in the case of a Default in the payment of the principal of, premium (or premium, if any) , or interest on any Note, the Trustee may withhold the shall be protected in withholding such notice if and so long as a committee of its Trust Officers the Trustee in good faith determines that the withholding the of such notice is in the interests of the Holders.

Appears in 2 contracts

Samples: Indenture (Sally Beauty Holdings, Inc.), Sally Beauty Holdings, Inc.

Notice of Defaults. If a Default occurs and is continuing and if it is actually known to the Trustee, the Trustee shall mail provide to each Holder notice of the Default within by the earlier later of 90 days after it occurs or 30 days after it is actually known to a Trust Officer or written notice of it is received by the Trustee at the Office of the Trustee, and such notice references the Notes and this Indenture. Except in the case of a Default in the payment of principal of, premium (if any) or interest on any Note, the Trustee may withhold the notice if and so long as a committee of its Trust Officers in good faith determines that withholding the notice is in the interests of the Holders.

Appears in 2 contracts

Samples: Indenture (Signature Group Holdings, Inc.), Indenture (Global Brass & Copper Holdings, Inc.)

Notice of Defaults. If a Within 60 days after the occurrence of any Default, the Trustee shall transmit by mail to all Holders, as their names and addresses appear in the Note Register, notice of such Default occurs and is continuing and if it is actually hereunder known to the Trustee, the Trustee unless such Default shall mail to each Holder notice of the Default within the earlier of 90 days after it occurs have been cured or 30 days after it is actually known to a Trust Officer or written notice of it is received by the Trustee. Except waived; provided, however, that, except in the case of a Default in the payment of the principal of, premium (premium, if any) , or interest on any Note, the Trustee may withhold the shall be protected in withholding such notice if and so long as a trust committee of its Trust Responsible Officers of the Trustee in good faith determines that the withholding the of such notice is in the interests interest of the Holders.

Appears in 2 contracts

Samples: CPS Department Stores Inc /De, McRaes Stores Partnership

Notice of Defaults. If a Default occurs and is continuing and if it is actually known to the Trustee, the Trustee shall mail to each Holder notice of the Default within the earlier of 90 days after it occurs or 30 days after it is actually known to a Trust Officer or written notice of it is received by the Trustee. Except in the case of a Default in the payment of principal of, premium (if any) or interest on any NoteSecurity (including 51 payments pursuant to the redemption provisions of such Security, if any), the Trustee may withhold the notice if and so long as a committee of its Trust Officers in good faith determines that withholding the notice is in the interests of the Holders.

Appears in 2 contracts

Samples: Supplemental Indenture (Dex Media International Inc), Supplemental Indenture (Dex Media Inc)

Notice of Defaults. If a Default occurs and is continuing and if it is actually known to the Trustee, the Trustee shall must mail to each Holder Holder, with a copy to the Company, notice of the Default within the earlier of 90 days after it occurs or 30 days after it is actually known to a Trust Officer or written notice of it is received by the Trusteeoccurs. Except in the case of a Default in the payment of principal ofprincipal, premium interest (including special interest, if any) or interest and premium, if any, on any Note, including an accelerated payment and the failure to make a payment on the Change of Control Payment Date pursuant to a Change of Control offer, the Trustee may withhold the notice if and so long as a committee of its Trust Officers in good faith determines that withholding the notice is in the interests of the HoldersHolders of the Notes.

Appears in 2 contracts

Samples: Indenture (Nutra Sales Corp), Indenture (Nutra Sales Corp)

Notice of Defaults. If a Default occurs and is continuing and if it is actually known to a Responsible Officer of the Trustee, the Trustee shall mail to each Holder notice of the Default within the earlier of 90 days after it occurs or 30 days after it is actually known to a Trust Officer or written notice of it is received by the Trusteeoccurs. Except in the case of a Default in the payment of the principal of, premium (or premium, if any) , or interest on any Note, Note the Trustee may withhold the notice if and so long as a the board of directors of the Trustee, the executive committee or any trust committee of such board and/or its Trust Responsible Officers in good faith determines determine(s) that withholding the notice is in the interests of the Holders.

Appears in 2 contracts

Samples: Indenture (Paxson Communications Corp), Paxson Communications Corp

Notice of Defaults. If a Default occurs and is continuing and if it is actually known to the Trustee, the Trustee shall mail to each Holder Holder, with a copy to the Collateral Agent, notice of the Default within the earlier of 90 days after it occurs or 30 days after it is actually known to a Trust Officer or written notice of it is received by the Trusteeoccurs. Except in the case of a Default in the payment of principal of, premium (premium, if any) , or interest on any Note, the Trustee may withhold the notice if and so long as a committee of its Trust Officers of the Trustee in good faith determines that withholding the notice is in the interests of the Holders.

Appears in 2 contracts

Samples: Indenture (Blockbuster Inc), American Axle & Manufacturing Holdings Inc

Notice of Defaults. If a Default occurs and is continuing and if it is actually known to the Trustee, the Trustee shall mail to each Holder notice of the such Default within the earlier of 90 days after it occurs or 30 days after it is actually known to a Trust Officer or written notice of it is received by the Trustee. Except in the case of a Default in the payment of principal of, premium (69 62 and Liquidated Damages, if any) , or interest on any Note, the Trustee may withhold the notice if and so long as a committee of its Trust Officers in good faith determines that withholding the notice is in the interests of the Holders.

Appears in 1 contract

Samples: Iridium Capital Corp

Notice of Defaults. If a Default or Event of Default occurs and is continuing and if it is actually known to the Trusteea Trust Officer, the Trustee shall mail to each Holder Holders a notice of the Default or Event of Default within the earlier of 90 45 days after it occurs or 30 days after it is actually known to a Trust Officer or written notice of it is received by the Trusteeoccurs. Except in the case of a Default or Event of Default in the payment of the principal of, premium (if any) of or interest on any Note, the Trustee may withhold and shall be protected in withholding the notice if and so long as a committee of its Trust Officers in good faith determines that withholding the notice is in the interests of the Holders.

Appears in 1 contract

Samples: BDK Holdings Inc

Notice of Defaults. If a Default or Event of Default occurs and is continuing and if it is actually known to the Trusteea Trust Officer, the Trustee shall mail to each Holder Holders a notice of the Default or Event of Default within the earlier of 90 days after it occurs or 30 days after it is actually known to a Trust Officer or written notice of it is received by the Trusteeoccurs. Except in the case of a Default or Event of Default in the payment of the principal of, premium (if any) of or interest on any Note, the Trustee may withhold and shall be protected in withholding the notice if and so long as a committee of its Trust Officers in good faith determines that withholding the notice is in the interests of the Holders.

Appears in 1 contract

Samples: Indenture (BDK Holdings Inc)

Notice of Defaults. If a Default occurs and is continuing and if it is actually known to the Trustee, the Trustee shall mail to each Holder notice of the Default within the earlier of 90 days after it occurs or 30 days after it is actually known to a Trust Officer or written notice of it is received by the Trustee. Except in the case of a Default in the payment of principal of, premium (if any) or interest on any NoteSecurity, the Trustee may withhold the notice TRDOCS01/76765.8 if and so long as a committee of its Trust Officers in good faith determines that withholding the notice is in the interests of the Holders.

Appears in 1 contract

Samples: Indenture (Berry Plastics Holding Corp)

Notice of Defaults. If a Default occurs and is continuing hereunder and if it is actually known to a Trust Officer of the Trustee, the Trustee shall mail to each Holder notice of the Default default within the earlier of 90 45 days after it occurs or 30 days after it is actually known to a Trust Officer or written the Trustee receives notice of it is received by the Trusteesuch a Default. Except in the case of a Default default in the payment of principal ofof or interest (including Additional Interest, premium (if any) or interest on any NoteSecurity, the Trustee may withhold the notice if and so long as a committee of its Trust Officers in good faith determines that withholding the notice is in not opposed to the interests interest of the Holdersholders of such Securities.

Appears in 1 contract

Samples: Indenture (Cheniere Energy Inc)

Notice of Defaults. If a Default occurs and is continuing and if it is actually known to the Trustee, the Trustee shall mail to each Holder Holders of Notes a notice of the Default within the earlier of 90 days after it occurs or 30 days after it is actually known to a Trust Officer or written notice of it is received by the Trusteeoccurs. Except in the case of a Default in relating to the payment of principal ofprincipal, premium (premium, if any) , or interest and Additional Interest, if any, on any Note, the Trustee may withhold from the Holders notice of any continuing Default if and so long as a committee of its Trust Responsible Officers in good faith determines that withholding the notice is in the interests of the HoldersHolders of the Notes.

Appears in 1 contract

Samples: Restaurant Co of Minnesota

Notice of Defaults. If a Default occurs and is continuing and if it is actually known to the Trustee, the Trustee shall mail must provide to each Holder notice of the Default within the earlier of 90 days after it occurs or 30 days after it is actually known to a Trust Officer or written notice of it is received by the Trustee. Except in the case of a Default in the payment of principal of, of or premium (if any) or interest on any NoteSecurity, the Trustee may withhold the notice if and so long as a committee of its Trust Officers in good faith determines that withholding the notice is in the interests of the Holders.

Appears in 1 contract

Samples: Supplemental Indenture (Pernix Therapeutics Holdings, Inc.)

Notice of Defaults. If a Default occurs and is continuing and if it is actually known to the Trustee, the Trustee shall mail send to each Holder notice of the Default within the earlier of 90 days after it occurs or 30 days after it is actually known to a Trust Officer or written notice of it is received by the Trustee. Except in the case of a Default in the payment of principal of, premium (if any) or interest on any NoteSecurity, the Trustee may withhold the notice if and so long as a committee of its Trust Officers in good faith determines that withholding the notice is in the interests of the Holders.

Appears in 1 contract

Samples: Indenture (Berry Plastics Corp)

Notice of Defaults. If a Trust Officer of the Trustee has actual knowledge that a Default occurs has occurred and is continuing and if it is actually known to the Trusteecontinuing, the Trustee shall mail deliver to each Holder notice of the Default within the earlier of 90 days after it occurs or 30 days after it is actually known to a Trust Officer or written notice of it is received by the Trustee. Except in the case of a Default in the payment of principal of, premium (if any) the Applicable Prepayment Premium on, or interest on on, any Note, the Trustee may withhold the notice if and so long as a committee of its Trust Officers the Trustee in good faith determines that withholding the notice is in the interests of the Holders.

Appears in 1 contract

Samples: Ch2m Hill (Ch2m Hill Companies LTD)

Notice of Defaults. If a Default occurs and is continuing and if it is actually known to a Responsible Officer of the Trustee, the Trustee shall mail to each Holder Holders a notice of the Default within the earlier of 90 days after it occurs or 30 days after it is actually known to a Trust Officer or written notice of it is received knowledge by the Trustee. Except in the case of a Default in the payment of principal of, premium (premium, if any) , or interest on any Note, the Trustee may withhold the notice if and so long as a responsible committee of its Trust Officers the officers of the Trustee in good faith determines that withholding the notice is in the interests of the Holders.

Appears in 1 contract

Samples: Carrols Restaurant Group, Inc.

Notice of Defaults. If a Default occurs and is continuing and if it is actually known to a Trust Officer or the Trustee, the Trustee shall mail to each Holder holder of the Notes notice of the Default within the earlier of 90 days after it occurs or 30 days after it is actually known to a Trust Officer or written notice of if it is received by the Trustee. Except in the case of a Default in the payment of principal of, premium (if any) or interest on any Note, the Trustee may withhold the notice if and so long as a committee of its Trust Officers in good faith determines that withholding the notice is in the interests of the Holdersnoteholders.

Appears in 1 contract

Samples: Intercreditor Agreement (Adtalem Global Education Inc.)

Notice of Defaults. If a Default occurs and is continuing and if it is actually known to the Trustee, the Trustee shall mail to each Holder notice of the such Default within the earlier of 90 days after it occurs or 30 days after it is actually known to a Trust Officer or written notice of it is received by the Trustee. Except in the case of a Default in the payment of principal of, premium (and Liquidated Damages, if any) , or interest on any Series B Note, the Trustee may withhold the notice if and so long as a committee of its Trust Officers in good faith determines that withholding the notice is in the interests of the Holders.

Appears in 1 contract

Samples: Warrant Agreement (Iridium Capital Corp)

Notice of Defaults. If a Default occurs and is continuing and if it is actually known to the Trustee, the Trustee shall mail to each Holder notice of the Default within the earlier of 90 days after it occurs or 30 days after it is actually known to a Trust Officer or written notice of it is received by the Trustee. Except in the case of a Default in the payment of principal of, premium (if any) or interest on any NoteSecurity, the Trustee may withhold the notice if and so long as a committee of its Trust Officers in good faith determines that withholding the notice is in not opposed to the interests of the Holders.

Appears in 1 contract

Samples: Indenture (Ryan's Restaurant Leasing Company, LLC)

Notice of Defaults. If a Default occurs and is continuing and if it is actually known to a Trust Officer of the Trustee, the Trustee shall mail deliver to each Holder notice of the Default within the earlier of 90 days after it occurs or 30 days after it is actually known to a Trust Officer or written notice of it is received by the Trustee. Except in the case of a Default in the payment of principal of, premium (if any) or interest on any Note, the Trustee may withhold the notice if and so long as a committee of its Trust Officers the Trustee in good faith determines that withholding the notice is in the interests of the Holders.

Appears in 1 contract

Samples: Indenture (Zekelman Industries, Inc.)

Notice of Defaults. If a Default occurs and is continuing and if it is actually known to the Trustee, the Trustee shall mail to each Holder of the Securities notice of the Default within the earlier of 90 days after it occurs or 30 days after it is actually known to a Trust Officer or written notice of it is received by the Trustee. Except in the case of a Default in the payment of principal of, premium (if any) or interest on any NoteSecurity, the Trustee may withhold the notice if and so long as a committee of its Trust Officers in good faith determines that withholding the notice is in the interests of the Holders.Holders of the Securities. 84 US\DESMOLI\8895151.9

Appears in 1 contract

Samples: Indenture (Noranda Aluminum Holding CORP)

Notice of Defaults. If a Default occurs and is continuing and if it is actually known to the Trustee, the Trustee shall mail to each Holder notice of the Default within the earlier of 90 days after it occurs or 30 days after it is actually known to a Trust Officer or written notice of it is received by the Trusteetrust officer. Except in the case of a Default in the payment of principal of, premium (if any) of or interest on any Note (including payments pursuant to the redemption provisions of such Note, if any), the Trustee may withhold the notice if and so long as a committee of its Trust Officers in good faith determines that withholding the notice is in the interests of the Holders.

Appears in 1 contract

Samples: On Semiconductor Corp

Notice of Defaults. If a Default occurs and is continuing and if it is actually known to the TrusteeTrustee has actual knowledge of such default, the Trustee shall mail to each Holder notice of the Default within the earlier of 90 days after it occurs or 30 days after it is actually known to a Trust Officer or written notice of it is received by the Trusteeoccurs. Except in the case of a Default in the payment of the principal of, premium (or premium, if any) , or interest on any NoteNote or a default in the observance or performance of any of the obligations of the Company under Article Five, the Trustee may withhold the notice if and so long as a -70- committee of its Trust Responsible Officers in good faith determines that withholding the notice is in the interests best interest of the Holders.

Appears in 1 contract

Samples: Indenture (Norske Skog Canada LTD)

Notice of Defaults. If a Default occurs and is continuing and if it is actually known to a Trust Officer of the Trustee, the Trustee shall mail deliver to each Holder notice of the Default within the earlier of 90 days after it occurs or 30 days after it is actually known to a Trust Officer or written notice of it is received by the TrusteeTrustee or as soon thereafter as is reasonably practical. Except in the case of a Default in the payment of principal of, premium (if any) or interest on any Note, the Trustee may withhold the notice if and so long as a committee of its Trust Officers in good faith determines that withholding the notice is in the interests of the Holders.

Appears in 1 contract

Samples: Indenture (Intelsat S.A.)

Notice of Defaults. If a Default or Event of Default occurs and is continuing and if it is actually known to the Trustee, the Trustee shall mail send to each Holder Holders a notice of the such Default or Event of Default within the earlier of 90 days after it occurs unless such Default or 30 days after it is actually known to a Trust Officer or written notice Event of it is received by the TrusteeDefault has since been cured. Except in the case of a Default or Event of Default in the payment of principal of, premium (premium, if any) , or interest on any Note, the Trustee may withhold the notice if and so long as a committee of its Trust Officers it in good faith determines that withholding the notice is in the interests of the Holders.

Appears in 1 contract

Samples: Execution Version

Notice of Defaults. If a Default occurs and is continuing and if it is actually known to the Trustee, the Trustee shall mail to each Holder notice of the such Default within the earlier of 90 days after it occurs or 30 days after it is actually known to a Trust Officer or written notice of it is received by the Trustee. Except in the case of a Default in the payment of principal of, premium (and Liquidated Damages, if any) , or interest on any Series A Note, the Trustee may withhold the notice if and so long as a committee of its Trust Officers in good faith determines that withholding the notice is in the interests of the Holders.

Appears in 1 contract

Samples: Warrant Agreement (Iridium Capital Corp)

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