Common use of Event of Default; Notice Clause in Contracts

Event of Default; Notice. (a) The Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the Holders, notices of all Events of Default known to the Guarantee Trustee, unless such defaults have been cured before the giving of such notice, provided, that, except in the case of a default in the payment of a Guarantee Payment, the Guarantee Trustee shall be protected in withholding such notice if and so long as the Board of Directors, the executive committee or a trust committee of directors and/or Responsible Officers of the Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders.

Appears in 84 contracts

Samples: Guarantee Agreement (Boise Cascade Corp), Guarantee Agreement (Southwest Gas Corp), Guarantee Agreement (Southwest Gas Corp)

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Event of Default; Notice. (a) The Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the Holders, notices of all Events of Default known to the Guarantee Trustee, unless such defaults Events of Default have been cured before the giving of such notice, provided, ; provided that, except in the case of a default in the payment of a Guarantee Payment, the Guarantee Trustee shall be protected in withholding such notice if and so long as the Board of Directors, the executive committee or a trust committee of directors and/or Responsible Officers of the Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders.

Appears in 48 contracts

Samples: Guarantee Agreement (American Safety Insurance Group LTD), Guarantee Agreement (M&t Bank Corp), Preferred Securities Guarantee Agreement (American Safety Insurance Group LTD)

Event of Default; Notice. (a) The Guarantee Trustee shall, within 90 days after the occurrence of an Event of DefaultDefault known to the Guarantee Trustee, transmit by mail, first class postage prepaid, to the Holders, notices notice of all Events any such Event of Default known to the Guarantee Trustee, unless such defaults have Event of Default has been cured before the giving of such notice, provided, provided that, except in the case of a default in the payment of a Guarantee Payment, the Guarantee Trustee shall be protected in withholding such notice if and so long as the Board board of Directorsdirectors, the executive committee or a trust committee of directors and/or Responsible Officers of the Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders.

Appears in 41 contracts

Samples: Guarantee Agreement (First Merchants Corp), Guarantee Agreement (Superior Bancorp), Guarantee Agreement (Wells Fargo & Co/Mn)

Event of Default; Notice. (a) The Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the Holders, notices of all Events of Default actually known to the Guarantee Trustee, unless such defaults have been cured before the giving of such notice, provided, that, except in the case of a default in the payment of a Guarantee Payment, the Guarantee Trustee shall be protected in withholding such notice if and so long as the Board of Directors, the executive committee or a trust committee of directors and/or Responsible Officers of the Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders.

Appears in 36 contracts

Samples: Guarantee Agreement (Susquehanna Bancshares Inc), Guarantee Agreement (Susquehanna Capital IV), Guarantee Agreement (Mbna Corp)

Event of Default; Notice. (a) The Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the Holders, notices notice of all Events any such Event of Default known to the Guarantee Trustee, unless such defaults have Event of Default has been cured before the giving of such notice, provided, provided that, except in the case of a default in the payment of a Guarantee Payment, the Guarantee Trustee shall be protected in withholding such notice if and so long as the Board board of Directorsdirectors, the executive committee or a trust committee of directors and/or Responsible Officers of the Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders.

Appears in 30 contracts

Samples: Guarantee Agreement (Fifth Third Capital Trust VIII), Guarantee Agreement (Fifth Third Capital Trust VIII), Guarantee Agreement (BEE Financing Trust III)

Event of Default; Notice. (a) The Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the Holders, notices notice of all Events any such Event of Default known to the Guarantee Trustee, unless such defaults have Event of Default has been cured before the giving of such notice, provided, provided that, except in the case of a default in the payment of a Guarantee Payment, the Guarantee Trustee shall be protected in withholding such notice if and so long as the Board board of Directorsdirectors, the executive committee or a trust committee of directors and/or Responsible Officers of the Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders.

Appears in 25 contracts

Samples: Capital Securities Guarantee Agreement (Cullen Frost Capital Trust Ii), Guarantee Agreement (Bank of New York Co Inc), Guarantee Agreement (Scana Corp)

Event of Default; Notice. (a) The Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the HoldersHolders of the Preferred Securities, notices of all Events of Default actually known to a Responsible Officer of the Guarantee Trustee, unless such defaults have been cured before the giving of such notice, ; provided, that, except in the case of a default in the by Guarantor on any of its payment of a Guarantee Paymentobligations, the Guarantee Trustee shall be protected in withholding such notice if and so long as the Board of Directors, the executive committee or a trust committee of directors and/or Responsible Officers Officer of the Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the HoldersHolders of the Preferred Securities.

Appears in 24 contracts

Samples: Convertible Preferred Securities Guarantee Agreement (Bridge Bancorp Inc), Preferred Securities Guarantee Agreement (Independent Bank Corp /Mi/), Securities Guarantee Agreement (Ifc Capital Trust Vi)

Event of Default; Notice. (a) The Guarantee Trustee shall, within 90 ninety (90) days after the occurrence of an Event of Defaulta default, transmit by mail, first class postage prepaid, to the Holders, Holders notices of all Events of Default defaults actually known to the Guarantee Trustee, unless such defaults have been cured or waived before the giving of such notice, provided, that, except in the case of a default in the payment of a Guarantee Payment, the Guarantee Trustee shall be protected in withholding such notice if and so long as the Board of Directors, the executive committee or a trust committee of directors and/or Responsible Officers of the Guarantee Trustee in good faith determines determine that the withholding of such notice is in the interests of the Holders.. For the purpose of this Section 2.4, the term “

Appears in 24 contracts

Samples: Guarantee Agreement (Paragon Commercial CORP), Guarantee Agreement (Wilshire Bancorp Inc), Guarantee Agreement (Republic Bancorp Inc /Ky/)

Event of Default; Notice. (a) The Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the Holders, notices notice of all Events of Default known to the Guarantee Trustee, unless such defaults Events of Default have been cured or waived before the giving of such notice, provided, ; provided that, except in the case of a default in the payment of a Guarantee Payment, the Guarantee Trustee shall be protected in withholding such notice if and so long as the Board of Directors, the executive committee or a trust committee of directors and/or Responsible Officers of the Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders.

Appears in 18 contracts

Samples: Guarantee Agreement (SBCF Capital Trust IV), Guarantee Agreement (Auburn National Bancorporation Inc), Guarantee Agreement (Alabama National Bancorporation)

Event of Default; Notice. (a) The Guarantee Trustee shall, within 90 days after the occurrence of an Event of DefaultDefault known to the Guarantee Trustee, transmit by mail, first class postage prepaid, to the Holders, notices of all such Events of Default known to the Guarantee TrusteeDefault, unless such defaults have been cured or waived before the giving of such notice, provided, that, except in the case of a default in the payment by the Guarantor of a any amount due under this Guarantee PaymentAgreement, the Guarantee Trustee shall be protected in withholding such notice if and so long as the Board board of Directorsdirectors, the executive committee or a trust committee of directors and/or Responsible Officers of the Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders.

Appears in 16 contracts

Samples: Subordinated Debt Securities Guarantee Agreement (Partnerre LTD), Guarantee Agreement (Partnerre LTD), Senior Debt Securities Guarantee Agreement (PartnerRe Finance B LLC)

Event of Default; Notice. (a) The Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the Holders, notices of all Events of Default known to the Guarantee Trustee, unless such defaults have been cured before the giving of such notice, provided, provided that, except in the case of a default in the payment of a Guarantee Payment, the Guarantee Trustee shall be protected in withholding such notice if and so long as the Board board of Directorsdirectors, the executive committee committee, or a trust committee of directors and/or or Responsible Officers of the Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders.

Appears in 15 contracts

Samples: Guarantee Agreement (Midamerican Energy Financing Ii), Guarantee Agreement (Entergy Power Uk PLC), Guarantee Agreement (Tu Electric Capital Ii)

Event of Default; Notice. (a) The Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the Holders, notices of all Events of Default actually known to a Responsible Officer of the Guarantee Trustee, unless such defaults have been cured before the giving of such notice, provided, that, except in the case of a default in the payment of a Guarantee Payment, the Guarantee Trustee shall be protected in withholding such notice if and so long as the Board of Directors, the executive committee or a trust committee of directors and/or Responsible Officers of the Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders.

Appears in 11 contracts

Samples: Guarantee Agreement (Chubb Capital Trust Iii), Guarantee Agreement (Principal Financial Group Inc), Guarantee Agreement (Proffitts Capital Trust I)

Event of Default; Notice. (a) The Guarantee Trustee shall, within 90 days after the occurrence of an Event of DefaultDefault known to the Guarantee Trustee, transmit by mail, first class postage prepaid, to the Holders, notices of all such Events of Default known to the Guarantee TrusteeDefault, unless such defaults have been cured or waived before the giving of such notice, provided, that, except in the case of a default in the payment of a Guarantee Payment, the Guarantee Trustee shall be protected in withholding such notice if and so long as a the Board board of Directorsdirectors, the executive committee or a trust committee of directors and/or Responsible Officers of the Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders.

Appears in 11 contracts

Samples: Guarantee Agreement (Ace LTD), Agreement (Ace Ina Holdings Inc), Guarantee Agreement (MRH Capital Trust I)

Event of Default; Notice. (a) The Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the Holders, notices a notice of all Events such Event of Default known to the Guarantee Trustee, unless such defaults default shall have been cured or waived before the giving of such notice, provided, provided that, except in the case of a default in the payment of a Guarantee Payment, the Guarantee Trustee shall be protected in withholding such notice if and so long as the Board board of Directorsdirectors, the executive committee committee, or a trust committee of directors and/or or Responsible Officers of the Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders.

Appears in 10 contracts

Samples: Trust Securities Guarantee Agreement (PPL Capital Funding Inc), Guarantee Agreement (Pp&l Capital Funding Trust I), Trust Securities Guarantee Agreement (Pp&l Capital Funding Trust I)

Event of Default; Notice. (a) The Guarantee Trustee shall, within 90 ninety (90) days after the occurrence of an Event of Defaulta default, transmit by mail, first class postage prepaid, to the Holders, Holders notices of all Events of Default defaults actually known to the Guarantee Trustee, unless such defaults have been cured or waived before the giving of such notice, provided, that, except in the case of a default in the payment of a Guarantee Payment, the Guarantee Trustee shall be protected in withholding such notice if and so long as the Board of Directors, the executive committee or a trust committee of directors and/or Responsible Officers of the Guarantee Trustee in good faith determines determine that the withholding of such notice is in the interests of the Holders.. For the purpose of this Section 2.4, the term "

Appears in 10 contracts

Samples: Guarantee Agreement (Mainsource Financial Group), Guarantee Agreement (Local Financial Corp /Nv), Guarantee Agreement (Hawthorne Financial Corp)

Event of Default; Notice. (a) The Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the HoldersHolders of the Preferred Securities, notices of all Events of Default actually known to a Responsible Officer of the Guarantee Trustee, unless such defaults have been cured before the giving of such notice, provided; PROVIDED, that, except in the case of a default in the by Guarantor on any of its payment of a Guarantee Paymentobligations, the Guarantee Trustee shall be protected in withholding such notice if and so long as the Board of Directors, the executive committee or a trust committee of directors and/or Responsible Officers Officer of the Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the HoldersHolders of the Preferred Securities.

Appears in 9 contracts

Samples: Preferred Securities Guarantee Agreement (First Merchants Capital Trust I), Preferred Securities Guarantee Agreement (Independent Capital Trust Iii), Preferred Securities Guarantee Agreement (Local Financial Capital Trust I)

Event of Default; Notice. (a) The Guarantee Trustee shall, within 90 days after the occurrence of an Event of DefaultDefault known to the Guarantee Trustee, transmit by mail, first class postage prepaid, to the Holders, notices of all such Events of Default known to the Guarantee Trustee, unless such defaults have been cured or waived before the giving of such notice, ; provided, that, except in the case of a default in the payment of a Guarantee Payment, the Guarantee Trustee shall be protected in withholding such notice if and so long as the Board of Directors, the executive committee or a trust committee of directors and/or Responsible Officers of the Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders.

Appears in 9 contracts

Samples: Guarantee Agreement (Actuant CORP Capital Trust II), Guarantee Agreement (Wec Capital Trust Ii), Guarantee Agreement (Applied Power Capital Trust Ii)

Event of Default; Notice. (a) The Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the Holders, notices of all Events of Default actually known to a Responsible Officer of the Guarantee Trustee, unless such defaults have been cured before the giving of such notice, provided, that, except in the case of a default in the payment of a Guarantee Payment, the Guarantee Trustee shall be protected in withholding such notice if and so long as the Board of Directors, the executive committee or a trust committee of directors and/or Responsible Officers of the Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders.

Appears in 8 contracts

Samples: Guarantee Agreement (Mellon Financial Corp), Guarantee Agreement (Schwab Capital Trust Ii), Guarantee Agreement (Schwab Charles Corp)

Event of Default; Notice. (a) The Guarantee Trustee shall, within 90 ninety (90) days after the occurrence of an Event of Defaulta default, transmit by mail, first class postage prepaid, to the Holders, Holders notices of all Events of Default defaults actually known to the Guarantee Trustee, unless such defaults have been cured or waived before the giving of such notice, ; provided, that, except in the case of a default in the payment of a Guarantee Payment, the Guarantee Trustee shall be protected in withholding such notice if and so long as the Board of Directors, the executive committee or a trust committee of directors and/or Responsible Officers of the Guarantee Trustee in good faith determines determine that the withholding of such notice is in the interests of the Holders.. For the purpose of this Section 2.4, the term "

Appears in 7 contracts

Samples: Guarantee Agreement (State National Bancshares, Inc.), Guarantee Agreement (Tower Group, Inc.), Guarantee Agreement (Wesbanco Inc)

Event of Default; Notice. (a) The Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the Holders, notices of all Events of Default actually known to a Responsible Officer of the Guarantee Trustee, unless such defaults have been cured before the giving of such notice, provided, that, except in the case of a default in the payment of a Guarantee Payment, the Guarantee Trustee shall be fully protected in withholding such notice if and so long as the Board of Directors, the executive committee or a trust committee of directors and/or Responsible Officers of the Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders.

Appears in 7 contracts

Samples: Guarantee Agreement (Tower Automotive Inc), Guarantee Agreement (Merry Land Capital Trust), Guarantee Agreement (Newfield Financial Trust Ii)

Event of Default; Notice. (a) The Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the Holders, notices of all Events of Default actually known to the Guarantee Trustee, unless such defaults have been cured before the giving of such notice, provided, that, except in the case of a default in the payment of a Guarantee Payment, the Guarantee Trustee shall be protected in withholding such notice if and so long as the Board of Directors, the executive committee or a trust committee of directors the Board of Directors and/or Responsible Officers of the Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders.

Appears in 7 contracts

Samples: Guarantee Agreement (Delphi Financial Group Inc/De), Guarantee Agreement (First Tennessee Capital Iv), Guarantee Agreement (First Tennessee Capital Iv)

Event of Default; Notice. (a) The Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the Holders, notices of all Events of Default known to the Guarantee Trustee, unless such defaults Events of Default have been cured before the giving of such notice, provided, that, except in the case of a default in the payment of a Guarantee Payment, the Guarantee Trustee shall be protected in withholding such notice if and so long as the Board of Directors, the executive committee or a trust committee of directors and/or Responsible Officers of the Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders.

Appears in 7 contracts

Samples: Trust Agreement (Usf&g Corp), Guarantee Agreement (Pmi Capital I), Guarantee Agreement (Bankamerica Capital Viii)

Event of Default; Notice. (a) The Guarantee Trustee shall, within 90 10 days after the occurrence of an Event of DefaultDefault known to the Guarantee Trustee, transmit by mail, first class postage prepaid, to the Holders, notices notice of all Events any such Event of Default known to the Guarantee Trustee, unless such defaults have Event of Default has been cured before the giving of such notice, provided, provided that, except in the case of a default in the payment of a Guarantee Payment, the Guarantee Trustee shall be protected in withholding such notice if and so long as the Board board of Directorsdirectors, the executive committee or a trust committee of directors and/or Responsible Officers of the Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders.

Appears in 7 contracts

Samples: Guarantee Agreement (Whitney Capital Trust I), Guarantee Agreement (Whitney Capital Trust I), Guarantee Agreement (Whitney Capital Trust I)

Event of Default; Notice. (a) The Preferred Guarantee Trustee shall, within 90 days after the occurrence of an Event of DefaultDefault known to the Preferred Guarantee Trustee, transmit by mail, first class postage prepaid, to the HoldersHolders of the Preferred Securities, notices of all such Events of Default known to the Guarantee TrusteeDefault, unless such defaults have been cured or waived before the giving of such notice, provided, that, except in the case of a default in the payment of a Guarantee Payment, the Preferred Guarantee Trustee shall be protected in withholding such notice if and so long as the Board board of Directorsdirectors, the executive committee committee, or a trust committee of directors and/or Responsible Officers Officers, of the Preferred Guarantee Trustee in good faith determines determine that the withholding of such notice is in the interests of the HoldersHolders of the Preferred Securities.

Appears in 6 contracts

Samples: Preferred Securities Guarantee Agreement (Bergen Brunswig Corp), Preferred Securities Guarantee Agreement (Occidental Petroleum Corp /De/), Preferred Securities Guarantee Agreement (Occidental Petroleum Corp /De/)

Event of Default; Notice. (a) The Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the HoldersHolders of the Capital Securities, notices of all Events of Default actually known to a Responsible Officer of the Guarantee Trustee, unless such defaults have been cured or waived before the giving of such notice, ; provided, that, except in the case of a default in the by Guarantor on any of its payment of a Guarantee Paymentobligations, the Guarantee Trustee shall be protected in withholding such notice if and so long as the Board of Directors, the executive committee or a trust committee of directors and/or Responsible Officers Officer of the Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the HoldersHolders of the Capital Securities.

Appears in 6 contracts

Samples: Capital Securities Guarantee Agreement (First Financial Capital Trust II), Capital Securities Guarantee Agreement (Great Southern Capital Trust IV), Capital Securities Guarantee Agreement (Great Southern Capital Trust IV)

Event of Default; Notice. (a) The Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the Holders, notices notice of all Events of Default known to the Guarantee Trustee, unless such defaults Events of Default have been cured before the giving of such notice, provided, ; provided that, except in the case of a default in the payment of a Guarantee Payment, the Guarantee Trustee shall be protected in withholding such notice if and so long as the Board of Directors, the executive committee or a trust committee of directors and/or Responsible Officers of the Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders.

Appears in 6 contracts

Samples: Guarantee Agreement (First Citizens Bancorporation Inc), Guarantee Agreement (FCB/Sc Capital Trust I), Guarantee Agreement (City Holding Capital Trust Ii)

Event of Default; Notice. (a) The Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the Holders, notices notice of all Events of Default known to the Guarantee Trustee, unless such defaults Events of Default have been cured before the giving of such notice, provided, that; PROVIDED THAT, except in the case of a default in the payment of a Guarantee Payment, the Guarantee Trustee shall be protected in withholding such notice if and so long as the Board of Directors, the executive committee or a trust committee of directors and/or Responsible Officers of the Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders.

Appears in 5 contracts

Samples: Guarantee Agreement (Fidbank Capital Trust I), Guarantee Agreement (Fidbank Capital Trust I), Guarantee Agreement (Fidelity Bancshares Nc Inc /De/)

Event of Default; Notice. (a) The Guarantee Trustee shall, within 90 days after the occurrence of an Event of DefaultDefault known to the Guarantee Trustee, transmit by mail, first class postage prepaid, to the Holders, notices of all Events of Default known to the Guarantee TrusteeDefault, unless such defaults have been cured or waived before the giving of such notice, provided, that, except in the case of a default in the payment of a Guarantee Payment, the Guarantee Trustee shall be protected in withholding such notice if and so long as the Board of Directors, the executive committee or a trust committee of directors and/or Responsible Officers of the Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders.

Appears in 5 contracts

Samples: Guarantee Agreement (Lincoln National Corp), Guarantee Agreement (Lincoln National Corp), Guarantee Agreement (Lincoln National Corp)

Event of Default; Notice. (a) The Guarantee Trustee shall, within 90 ninety (90) days after the occurrence of an Event of Defaulta default, transmit by mail, first class postage prepaid, to the Holders, Holders notices of all Events of Default defaults actually known to the Guarantee Trustee, unless such defaults have been cured or waived before the giving of such notice, provided, that, except in the case of a default in the payment of a Guarantee Payment, the Guarantee Trustee shall be protected in withholding such notice if and so long as the Board of Directors, the executive committee or a trust committee of directors and/or Responsible Officers of the Guarantee Trustee in good faith determines determine that the withholding of such notice is in the interests of the Holders. For the purpose of this Section 2.4, the term “default” means any event that is, or after notice or lapse of time or both would become, an Event of Default.

Appears in 5 contracts

Samples: Guarantee Agreement (Harleysville National Corp), Guarantee Agreement (Green Bankshares, Inc.), Guarantee Agreement (Temecula Valley Bancorp Inc)

Event of Default; Notice. (a) The Preferred Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the HoldersHolders of the Preferred Securities, notices of all Events of Default known to the Preferred Guarantee Trustee, unless such defaults have been cured before the giving of such notice, provided, that, except in the case of a default in the payment of a Preferred Guarantee Payment, the Guarantee -------- ---- Trustee shall be protected in withholding such notice if and so long as the Board board of Directorsdirectors, the executive committee committee, or a trust committee of directors and/or Responsible Officers of the Preferred Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the HoldersHolders of the Preferred Securities.

Appears in 5 contracts

Samples: Guarantee Agreement (Great Western Financial Trust I /De/), Guarantee Agreement (Great Western Financial Trust Iii), Guarantee Agreement (Great Western Financial Trust I /De/)

Event of Default; Notice. (a) The Guarantee Trustee shall, within 90 ninety (90) days after the occurrence of an Event of Defaulta default, transmit by mail, first class postage prepaid, to the Holders, Holders notices of all Events of Default defaults actually known to the Guarantee Trustee, unless such defaults have been cured or waived before the giving of such notice, provided, that, except in the case of a default in the payment of a Guarantee Payment, the Guarantee Trustee shall be protected in withholding such notice if and so long as the Board of Directors, the executive committee or a trust committee of directors and/or Responsible Officers of the Guarantee Trustee in good faith determines determine that the withholding of such notice is in the interests of the Holders. For the purpose of this Section 2.4, the term "default" means any event that is, or after notice or lapse of time or both would become, an Event of Default.

Appears in 5 contracts

Samples: Guarantee Agreement (Stifel Financial Corp), Guarantee Agreement (Stifel Financial Corp), Guarantee Agreement (Georgia Bancshares Inc//)

Event of Default; Notice. (a) The Guarantee Trustee shall, within 90 days after the occurrence of an Event of DefaultDefault known to the Guarantee Trustee, transmit by mail, first class postage prepaid, to the Holders, notices Holders notice of all Events any such Event of Default known to the Guarantee TrusteeDefault, unless such defaults have Event of Default has been cured before the giving of such notice, provided, provided that, except in the case of a default in the payment of a Guarantee Payment, the Guarantee Trustee shall be protected in withholding such notice if and so long as the Board board of Directorsdirectors, the executive committee or a trust committee of directors and/or Responsible Officers of the Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders.

Appears in 5 contracts

Samples: Guarantee Agreement (Popular Inc), Guarantee Agreement (Popular Inc), Agreement (Popular North America Capital Trust Iii)

Event of Default; Notice. (a) The Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the Holders, notices of all Events of Default known to the Guarantee Trustee, unless such defaults have been cured before the giving of such notice, provided, that, except in the case of a default in the payment of a Guarantee Payment, the Guarantee Trustee shall be protected in withholding such notice if and so long as the Board board of Directorsdirectors, the executive committee or a trust committee of directors and/or Responsible Officers of the Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders.

Appears in 5 contracts

Samples: Guarantee Agreement (Fresenius Medical Care Corp), Guarantee Agreement (Fresenius Medical Care Corp), Guarantee Agreement (Easy Gardener Products LTD)

Event of Default; Notice. (a) The Guarantee Trustee shall, within 90 days after the occurrence of an Event of DefaultDefault known to the Guarantee Trustee, transmit by mail, first class postage prepaid, to the Holders, notices notice of all Events any such Event of Default known to the Guarantee TrusteeDefault, unless such defaults have Event of Default has been cured before the giving of such notice, provided, ; provided that, except in the case of a default in the payment of a Guarantee Payment, the Guarantee Trustee shall be protected in withholding such notice if and so long as the Board board of Directorsdirectors, the executive committee or a trust committee of directors and/or Responsible Officers of the Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders.

Appears in 4 contracts

Samples: Guarantee Agreement (Bny Capital Vii), Guarantee Agreement (Bank of New York Co Inc), Guarantee Agreement (Bank of New York Co Inc)

Event of Default; Notice. (a) The Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the Holders, notices of all Events of Default known to the Guarantee Trustee, unless such defaults Events of Default have been cured before the giving of such notice, provided, ; provided that, except in the case of a default in the payment of a Guarantee Payment, the Guarantee Trustee shall be protected in withholding such notice if and so long as the Board of Directors, the executive committee or a trust committee of directors and/or a Responsible Officers of the Guarantee Trustee Officer in good faith determines that the withholding of such notice is in the interests of the Holders.

Appears in 4 contracts

Samples: Guarantee Agreement (Guaranty Capital Trust I), Guarantee Agreement (Southern Financial Capital Trust I), Guarantee Agreement (Highlands Capital Trust I)

Event of Default; Notice. (a) The Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default, transmit mail by mail, first class postage prepaid, to the all Holders, notices of all Events of Default actually known to the Guarantee Trusteea Responsible Officer, unless such defaults have been cured before the giving of such notice, provided, that, except in the case of a default in the payment of a any Guarantee Payment, the Guarantee Trustee shall be protected in withholding such notice if and so long as the Board board of Directorsdirectors, the executive committee committee, or a trust committee of directors and/or a Responsible Officers of the Guarantee Trustee Officer in good faith determines that the withholding of such notice is in the interests of the Holders.

Appears in 4 contracts

Samples: Guarantee Agreement (Washington Mutual Capital Trust 2001), Guarantee Agreement (Reinsurance Group of America Inc), Guarantee Agreement (Indymac Bancorp Inc)

Event of Default; Notice. (a) The Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the Holders, notices of all Events of Default actually known to a Responsible Officer of the Guarantee Trustee, unless such defaults have been cured before the giving of such notice, ; provided, that, except in the case of a default in the payment of a Guarantee Payment, the Guarantee Trustee shall be fully protected in withholding such notice if and so long as the Board of Directors, the executive committee or a trust committee of directors and/or Responsible Officers of the Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders.

Appears in 4 contracts

Samples: Trust Agreement (Ilm Senior Living Inc /Va), Agreement and Plan of Merger (Capital Senior Living Corp), Agreement and Plan of Merger (Capital Senior Living Corp)

Event of Default; Notice. (a) The Guarantee Trustee shall, within 90 days after the occurrence of an Event of DefaultDefault known to the Guarantee Trustee, transmit by mail, first class postage prepaid, to the Holders, notices of all Events of Default known to the Guarantee TrusteeDefault, unless such defaults have been cured or waived before the giving of such notice, provided, that, except in the case of a default in the payment of a Guarantee Payment, the Guarantee Trustee shall be protected in withholding such notice if and so long as the Board of Directors, the executive committee or a trust committee of directors and/or Responsible Officers of the Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders.

Appears in 4 contracts

Samples: Guarantee Agreement (Lincoln National Corp), Guarantee Agreement (Lincoln National Corp), Guarantee Agreement (Lincoln National Corp)

Event of Default; Notice. (a) The Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the Holders, Holders notices of all Events of Default known to the Guarantee Trustee, unless such defaults Events of Default have been cured before the giving of such notice, provided, that, except in the case of a default in the payment of a Guarantee Payment, the Guarantee Trustee shall be protected in withholding such notice if and so long as the Board of Directors, the executive committee or a trust committee of directors and/or Responsible Officers of the Guarantee Trustee in good faith determines that the withholding of such notice is in the best interests of the Holders.

Appears in 4 contracts

Samples: Guarantee Agreement (Cna Financial Corp), Agreement (Cna Financial Capital Iii), Agreement (Cna Financial Capital Iii)

Event of Default; Notice. (a) The Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the Holders, notices of all Events of Default known to the Guarantee Trustee, unless such defaults have been cured before the giving of such notice, ; provided, that, except in the case of a default in the payment of a Guarantee Payment, the Guarantee Trustee shall be protected in withholding such notice if and so long as the Board of Directors, the executive committee or a trust committee of directors and/or Responsible Officers of the Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders.

Appears in 3 contracts

Samples: Guarantee Agreement (HPT Capital Trust I), Guarantee Agreement (Senior Housing Properties Trust), Guarantee Agreement (Senior Housing Properties Trust)

Event of Default; Notice. (a) The Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default, transmit by mail, first first-class postage prepaid, to the Holders, notices of all Events of Default known to the Guarantee Trustee, unless such defaults have been cured or waived before the giving of such notice, provided, provided that, except in the case of a default in the payment of a Guarantee Payment, the Guarantee Trustee shall be protected in withholding such notice if and so long as the Board of Directors, the executive committee or a trust committee of directors and/or Responsible Officers of the Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders.

Appears in 3 contracts

Samples: Securities Guarantee Agreement (Aon Corp), Securities Guarantee Agreement (Aon Corp), Securities Guarantee Agreement (Aon Corp)

Event of Default; Notice. (a) The Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the Holders, notices notice of all Events of Default known to the Guarantee Trustee, unless such defaults Events of Default have been cured before the giving of such notice, ; provided, that, except in the case of a default in the payment of a Guarantee Payment, the Guarantee Trustee shall be protected in withholding such notice if and so long as the Board of Directors, the executive committee or a trust committee of directors and/or Responsible Officers of the Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders.

Appears in 3 contracts

Samples: Guarantee Agreement (Republic New York Capital Iv), Guarantee Agreement (Republic New York Capital I), Guarantee Agreement (Republic New York Capital Ii)

Event of Default; Notice. (a) The Guarantee Trustee shall, within 90 days after the occurrence of an Event of DefaultDefault known to the Guarantee Trustee, transmit by mail, first class postage prepaid, to the Holders, notices of all such Events of Default known to the Guarantee TrusteeDefault, unless such defaults have been cured or waived before the giving of such notice, provided, that, except in the case of a default in the payment of a Guarantee Payment, the Guarantee Trustee shall be protected in withholding such notice if and so long as the Board board of Directorsdirectors, the executive committee or a trust committee of directors and/or Responsible Officers of the Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders.

Appears in 3 contracts

Samples: Guarantee Agreement (PartnerRe Finance B LLC), Guarantee Agreement (PartnerRe Finance B LLC), Guarantee Agreement (Ace Ina Holdings Inc)

Event of Default; Notice. (a) The Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the Holders, notices of all Events of Default known to the Guarantee Trustee, unless such defaults have been cured or waived before the giving of such notice, provided, that, except in the case of a default in the payment of a Guarantee Payment, provided that the Guarantee Trustee shall be protected in withholding such notice if and so long as the Board board of Directorsdirectors, the executive committee committee, or a trust committee of directors and/or or Responsible Officers of the Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders.

Appears in 3 contracts

Samples: Guarantee Agreement (FPL Group Inc), Guarantee Agreement (Enserch Capital I), Guarantee Agreement (FPL Group Capital Inc)

Event of Default; Notice. (a) The Guarantee Trustee shall, within 90 days after the occurrence of an Event of DefaultDefault known to the Guarantee Trustee, transmit by mail, first class postage prepaid, to the Holders, notices notice of all Events any such Event of Default known to the Guarantee TrusteeDefault, unless such defaults have Event of Default has been cured before the giving of such notice, provided, ; PROVIDED that, except in the case of a default in the payment of a Guarantee Payment, the Guarantee Trustee shall be protected in withholding such notice if and so long as the Board board of Directorsdirectors, the executive committee or a trust committee of directors and/or Responsible Officers of the Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders.

Appears in 3 contracts

Samples: Guarantee Agreement (Seacoast Financial Services Corp), Guarantee Agreement (Seacoast Financial Services Corp), Guarantee Agreement (Seacoast Financial Services Corp)

Event of Default; Notice. (a) The Guarantee Trustee shall, within 90 ninety (90) days after the occurrence of an Event of Defaulta default, transmit by mail, first class postage prepaid, to the Holders, Holders notices of all Events of Default defaults actually known to the Guarantee Trustee, unless such defaults have been cured or waived before the giving of such notice, ; provided, that, except in the case of a default in the payment of a Guarantee Payment, the Guarantee Trustee shall be protected in withholding such notice if and so long as the Board of Directors, the executive committee or a trust committee of directors and/or Responsible Officers of the Guarantee Trustee in good faith determines determine that the withholding of such notice is in the interests of the Holders.. For the purpose of this Section 2.4, the term “

Appears in 3 contracts

Samples: Guarantee Agreement (American Safety Insurance Holdings LTD), Guarantee Agreement (Pacific Crest Capital Inc), Guarantee Agreement (Pacific Crest Capital Inc)

Event of Default; Notice. (a) The Guarantee Trustee shall, within 90 days after the occurrence of an Event of DefaultDefault known to it, transmit by mail, first class postage prepaid, to the Holders, notices notice of all Events any such Event of Default known to the Guarantee TrusteeDefault, unless such defaults have Event of Default has been cured before the giving of such notice, provided, provided that, except in the case of a default in the payment of a Guarantee Payment, the Guarantee Trustee shall be protected in withholding such notice if and so long as the Board board of Directorsdirectors, the executive committee or a trust committee of directors and/or Responsible Officers of the Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders.

Appears in 3 contracts

Samples: Exchange Guarantee Agreement (HSB Group Inc), Guarantee Agreement (Centura Banks Inc), Southern States Capital Trust Ii

Event of Default; Notice. (a) The Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the Holders, notices of all Events of Default known to the Guarantee Trustee, unless such defaults have been cured before the giving of such notice, ,provided, that, except in the case of a default in the payment of a Guarantee Payment, the Guarantee Trustee shall be protected in withholding such notice if and so long as the Board of Directors, the executive committee or a trust committee of directors and/or Responsible Officers of the Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders.

Appears in 3 contracts

Samples: Agreement (Lincoln National Capital Vi), Agreement (Lincoln National Capital Vi), Agreement (Lincoln National Capital Vi)

Event of Default; Notice. (a) The Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the Holders, notices of all Events of Default known to the Guarantee Trustee, unless such defaults Events of Default have been cured before the giving of such notice, ; provided, that, except in the case of a default in the payment of a Guarantee Payment, the Guarantee Trustee shall be protected in withholding such notice if and so long as the Board of Directors, the executive committee or a trust committee of directors and/or Responsible Officers of the Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders.

Appears in 2 contracts

Samples: Guarantee Agreement (Republic New York Corp), Guarantee Agreement (Republic New York Corp)

Event of Default; Notice. (a) The Preferred Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the HoldersHolders of the Preferred Securities, notices of all Events of Default known to the Preferred Guarantee Trustee, unless such defaults have been cured before the giving of such notice, providedPROVIDED, that, except in the case of a default in the payment of a Guarantee PaymentTHAT, the Preferred Guarantee Trustee shall be protected in withholding such notice if and so long as the Board board of Directorsdirectors, the executive committee committee, or a trust committee of directors and/or Responsible Officers Officers, of the Preferred Guarantee Trustee in good faith determines determine that the withholding of such notice is in the interests of the HoldersHolders of the Preferred Securities.

Appears in 2 contracts

Samples: Preferred Securities Guarantee Agreement (Mediaone Finance Trust Ii), Preferred Securities Guarantee Agreement (Mediaone Finance Trust Ii)

Event of Default; Notice. (a) The Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the Holders, notices of all Events of Default known to the Guarantee Trustee, unless such defaults have been cured before the giving of such notice, provided, however, that, except in the case of a default in the payment of a Guarantee Payment, the Guarantee Trustee shall be protected in withholding such notice if and so long as the Board of Directors, the executive committee or a trust committee of directors and/or Responsible Officers of the Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders.

Appears in 2 contracts

Samples: Everest Re Capital Trust, Everest Re Group LTD

Event of Default; Notice. (a) The Guarantee Trustee shall, within 90 days after the Guarantee Trustee has knowledge of the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the Holders, notices of all Events of Default actually known to the Guarantee Trustee, unless such defaults have been cured before the giving of such notice, provided, that, except in the case of a default in the payment of a Guarantee Payment, the Guarantee Trustee shall be protected in withholding such notice if and so long as the Board of Directors, the executive committee one or a trust committee of directors and/or more Responsible Officers of the Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders.

Appears in 2 contracts

Samples: Guarantee Agreement (First American Financial Corp), Guarantee Agreement (First American Financial Corp)

Event of Default; Notice. (a) The Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the HoldersHolders of the Convertible Preferred Securities, notices of all Events of Default known to the Guarantee Trustee, unless such defaults have been cured before the giving of such notice, provided, that, except in the case of a default in the payment of a Guarantee Payment, ; provided that the Guarantee Trustee shall be protected in withholding such notice if and so long as the Board board of Directorsdirectors, the executive committee committee, or a trust committee of directors and/or Responsible Officers of the Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the HoldersHolders of the Convertible Preferred Securities.

Appears in 2 contracts

Samples: Convertible Preferred Securities Guarantee Agreement (Citizens Utilities Capital L P), Convertible Preferred Securities Guarantee Agreement (Citizens Utilities Capital L P)

Event of Default; Notice. (a) The Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the HoldersHolders of the Preferred Securities, notices of all Events of Default actually known to a Responsible Officer of the Guarantee Trustee, unless such defaults have been cured or waived before the giving of such notice, ; provided, that, except in the case of a default in the by Guarantor on any of its payment of a Guarantee Paymentobligations, the Guarantee Trustee shall be protected in withholding such notice if and so long as the Board of Directors, the executive committee or a trust committee of directors and/or Responsible Officers Officer of the Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the HoldersHolders of the Preferred Securities.

Appears in 2 contracts

Samples: Preferred Securities Guarantee Agreement (Capitol Trust Xv), Preferred Securities Guarantee Agreement (Capitol Bancorp LTD)

Event of Default; Notice. (a) The Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the HoldersHolders of the Partnership Preferred Securities, notices of all Events of Default known to the Guarantee Trustee, unless such defaults have been cured before the giving of such notice, provided, that, except in the case of a default in the payment of a Guarantee Payment, ; provided that the Guarantee Trustee shall be protected in withholding such notice if and so long as the Board board of Directorsdirectors, the executive committee committee, or a trust committee of directors and/or Responsible Officers of the Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the HoldersHolders of the Partnership Preferred Securities.

Appears in 2 contracts

Samples: Partnership Preferred Securities Guarantee Agreement (Citizens Utilities Capital L P), Partnership Preferred Securities Guarantee Agreement (Citizens Utilities Capital L P)

Event of Default; Notice. (a) The Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the Holders, notices of all Events of Default actually known to the Guarantee Trustee, unless such defaults have been cured before the giving of such notice, provided, that, except in the case of a default in the payment of a Guarantee Payment, the Guarantee Trustee shall be protected in withholding such notice if and so long as the Board of Directors, the executive committee or a trust committee of directors and/or Responsible Officers of the Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders.. 9 5

Appears in 2 contracts

Samples: Guarantee Agreement (Mbna Corp), Guarantee Agreement (Mbna Corp)

Event of Default; Notice. (a) The Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the Holders, notices of all Events of Default such defaults known to the Guarantee Trustee, unless such defaults have been cured before the giving of such notice, provided, that, except in the case of a default in the payment of a Guarantee Payment, the Guarantee Trustee shall be protected in withholding such notice if and so long as the Board of Directors, the executive committee or a trust committee of directors and/or Responsible Officers of the Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders.

Appears in 2 contracts

Samples: Guarantee Agreement (Bancfirst Corp /Ok/), Guarantee Agreement (BFC Capital Trust Ii)

Event of Default; Notice. (a) The Trust Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the Holders, notices of all Events of Default known to the Trust Guarantee Trustee, unless such defaults have been cured before the giving of such notice, provided, that, except in the case of a default in the payment of a Guarantee Payment, the Trust Guarantee Trustee shall be protected in withholding such notice if and so long as the Board board of Directorsdirectors, the executive committee or a trust committee of directors and/or Responsible Officers of the Trust Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders.

Appears in 2 contracts

Samples: Trust Guarantee Agreement (Heco Capital Trust I), Trust Guarantee Agreement (Hawaiian Electric Co Inc)

Event of Default; Notice. (a) The Guarantee Trustee shall, within 90 10 days after the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the Holders, notices of all Events of Default known to the Guarantee Trustee, unless such defaults Events of Default have been cured before the giving of such notice, ; provided, that, except in the case of a default in the payment of a Guarantee Payment, the Guarantee Trustee shall be protected in withholding such notice if and so long as the Board of Directors, the executive committee or a trust committee of directors and/or Responsible Officers of the Guarantee Trustee in good faith determines determine that the withholding of such notice is in the interests of the Holders.

Appears in 2 contracts

Samples: Guarantee Agreement (Calpine Corp), Calpine Capital Trust

Event of Default; Notice. (a) The Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the Holders, notices of all Events of Default known to the Guarantee Trustee, unless such defaults Events of Default have been cured before the giving of such notice, ; provided, that, except in the case of a default in the payment of a Guarantee Payment, the Guarantee Trustee shall be protected in withholding such notice if and so long as the Board of DirectorsDirectors of the Guarantor, the executive committee or a trust committee of directors and/or a Responsible Officers Officer of the Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders.

Appears in 2 contracts

Samples: Guarantee Agreement (Bancorpsouth Inc), Form of Guarantee Agreement (Bancorpsouth Inc)

Event of Default; Notice. (a) The Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the Holders, notices of all Events of Default known to the Guarantee Trustee, unless such defaults have been cured before the giving of such notice, provided, that, -------- except in the case of a default in the payment of a Guarantee Payment, the Guarantee Trustee shall be protected in withholding such notice if and so long as the Board of Directors, the executive committee or a trust committee of directors and/or Responsible Officers of the Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders.

Appears in 2 contracts

Samples: Senior Guarantee Agreement (Adelphia Communications Corp), Subordinated Guarantee Agreement (Adelphia Communications Corp)

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Event of Default; Notice. (a) The Preferred Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the Holders, notices of all Events of Default actually known to the Preferred Guarantee Trustee, unless such defaults have been cured before the giving of such notice, provided, that, except in the case of a default in the payment of a Guarantee Payment, the Preferred Guarantee Trustee shall be protected in withholding such notice if and so long as the Board of Directors, the executive committee or a trust committee of directors and/or Responsible Officers of the Preferred Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders.

Appears in 2 contracts

Samples: Guarantee Agreement (Nationwide Financial Services Inc/), Guarantee Agreement (Nationwide Financial Services Inc/)

Event of Default; Notice. (a) The Guarantee Trustee shall, within 90 ninety (90) days after the occurrence of an Event of Defaulta default, transmit by mail, first class postage prepaid, to the Holders, Holders notices of all Events of Default defaults actually known to the Guarantee Trustee, unless such defaults have been cured or waived before the giving of such notice, provided, that, except in the case of a default in the payment of a Guarantee Payment, the Guarantee Trustee shall be protected in withholding such notice if and so long as the Board board of Directorsdirectors, the executive committee or a trust committee of directors and/or Responsible Officers of the Guarantee Trustee in good faith determines determine that the withholding of such notice is in the interests of the Holders.. For the purpose of this Section 2.4, the term “

Appears in 2 contracts

Samples: Guarantee Agreement (First Acceptance Corp /De/), Guarantee Agreement (First Acceptance Corp /De/)

Event of Default; Notice. (a) The Guarantee Trustee ------------------------ shall, within 90 days after the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the Holders, notices of all Events of Default known to the Guarantee Trustee, unless such defaults Events of Default have been cured before the giving of such notice, provided, ; provided that, except in the case of a -------- default in the payment of a Guarantee Payment, the Guarantee Trustee shall be protected in withholding such notice if and so long as the Board of Directors, the executive committee or a trust committee of directors and/or a Responsible Officers of the Guarantee Trustee Officer in good faith determines that the withholding of such notice is in the interests of the Holders.

Appears in 2 contracts

Samples: Guarantee Agreement (Commonwealth Bankshares Inc), Guarantee Agreement (Commonwealth Bankshares Inc)

Event of Default; Notice. (a) The Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the Holders, notices notice of all any such Events of Default actually known to the Guarantee Trustee, unless such defaults have been cured before the giving of such notice, provided, that, except in the case of a default in the payment of a Guarantee Payment, the Guarantee Trustee shall be protected in withholding such notice if and so long as the Board board of Directorsdirectors, the executive committee or a trust committee of directors and/or Responsible Officers of the Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders.

Appears in 2 contracts

Samples: Guarantee Agreement (Pennsylvania Power & Light Co /Pa), Guarantee Agreement (Pennsylvania Power & Light Co /Pa)

Event of Default; Notice. (a) The Exchange Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the Holders, notices of all Events of Default known to the Exchange Guarantee Trustee, unless such defaults have been cured before the giving of such notice, provided, that, except in the case of a default in the payment of a Guarantee Payment, the Exchange Guarantee Trustee shall be protected in withholding such notice if and so long as the Board of Directors, the executive committee or a trust committee of directors and/or Responsible Officers of the Exchange Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders.

Appears in 2 contracts

Samples: Exchange Guarantee Agreement (Superior National Insurance Group Inc), Exchange Guarantee Agreement (Symons International Group Inc)

Event of Default; Notice. (a) The Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the HoldersHolders of the Preference Shares, notices of all Events of Default actually known to a Responsible Officer of the Guarantee Trustee, unless such defaults have been cured before the giving of such notice, provided, that, except in the case of a default in the payment of a Guarantee Payment, the Guarantee Trustee shall be protected in withholding such notice if and so long as the Board board of Directorsdirectors, the executive committee or a trust committee of directors and/or a Responsible Officers Officer of the Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the HoldersHolders of the Preference Shares.

Appears in 2 contracts

Samples: Shire PLC, Preference Shares Guarantee Agreement (Shire Pharmaceuticals Group PLC)

Event of Default; Notice. (a) The Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the Holders, notices of all Events of Default actually known to the Guarantee Trustee, unless such defaults have been cured before the giving of such notice, provided, that, except in the case of a default in the payment of a Guarantee Payment, the Guarantee Trustee shall be protected in withholding such notice if and so long as the Board board of Directorsdirectors, the executive committee or a trust committee of directors and/or Responsible Officers of the Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders.

Appears in 2 contracts

Samples: Guarantee Agreement (Countrywide Financial Corp), Guarantee Agreement (Countrywide Capital VIII)

Event of Default; Notice. (a) The Trust Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the Holders, notices of all Events of Default known to the Trust Guarantee Trustee, unless such defaults have been cured before the giving of such notice, provided, provided that, except in the case of a default in the payment of a Guarantee Payment, the Trust Guarantee Trustee shall be protected in withholding such notice if and so long as the Board board of Directorsdirectors, the executive committee or a trust committee of directors and/or or Responsible Officers of the Trust Guarantee Trustee in good faith determines determine that the withholding of such notice is in the interests of the Holders.

Appears in 2 contracts

Samples: Trust Guarantee Agreement (Hawaiian Electric Co Inc), Trust Guarantee Agreement (Maui Electric Co LTD)

Event of Default; Notice. (a) The Trust Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the Holders, notices of all Events of Default known to the Trust Guarantee Trustee, unless such defaults have been cured before the giving of such notice, provided, that, except in the case of a default in the payment of a Guarantee Payment, the Trust Guarantee Trustee shall be protected in withholding such notice if and so long as the Board board of Directorsdirectors, the executive committee or a trust committee of directors and/or Responsible Officers of the Trust Guarantee Trustee in good faith determines determine that the withholding of such notice is in the interests of the Holders.

Appears in 2 contracts

Samples: Trust Guarantee Agreement (Heco Capital Trust Ii), Trust Guarantee Agreement (Hawaiian Electric Co Inc)

Event of Default; Notice. (a) The Common Guarantee Trustee shall, within 90 days after the occurrence of an Event of DefaultDefault known to the Common Guarantee Trustee, transmit by mail, first class postage prepaid, to the HoldersHolders of the Common Securities, notices of all such Events of Default known to the Guarantee TrusteeDefault, unless such defaults have been cured or waived before the giving of such notice, provided, that, except in the case of a default in the payment of a Guarantee Payment, the Common Guarantee Trustee shall be protected in withholding such notice if and so long as the Board board of Directorsdirectors, the executive committee committee, or a trust committee of directors and/or Responsible Officers Officers, of the Common Guarantee Trustee in good faith determines determine that the withholding of such notice is in the interests of the HoldersHolders of the Common Securities.

Appears in 2 contracts

Samples: Common Securities Guarantee Agreement (Bergen Brunswig Corp), Common Securities Guarantee Agreement (Bergen Brunswig Corp)

Event of Default; Notice. (a) a. The Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the Holders, notices of all Events of Default actually known to a Responsible Officer of the Guarantee Trustee, unless such defaults have been cured before the giving of such notice, provided, that, except in the case of a default in the payment of a Guarantee Payment, the Guarantee Trustee shall be fully protected in withholding such notice if and so long as the Board board of Directorsdirectors, the executive committee or a trust committee of directors and/or Responsible Officers of the Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders.

Appears in 1 contract

Samples: Guarantee Agreement (Pioneer Standard Electronics Inc)

Event of Default; Notice. (ae) The Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the Holders, notices of all Events of Default actually known to the Guarantee Trustee, unless such defaults have been cured before the giving of such notice, provided, that, except in the case of a default in the payment of a Guarantee Payment, the Guarantee Trustee shall be protected in withholding such notice if and so long as the Board of Directors, the executive committee or a trust committee of directors and/or Responsible Officers of the Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders.

Appears in 1 contract

Samples: Guarantee Agreement (Harleysville Group Inc)

Event of Default; Notice. (a) The Guarantee Trustee shall, within 90 ninety (90) days after the occurrence of an Event of Defaulta default, transmit by mail, first class postage prepaid, to the Holders, Holders notices of all Events of Default defaults actually known to the Guarantee Trustee, unless such defaults have been cured or waived before the giving of such notice, provided, that, except in the case of a default in the payment of a Guarantee Payment, the Guarantee Trustee shall be protected in withholding such notice if and so long as the Board of Directors, the executive committee or a trust committee of directors and/or Responsible Officers of the Guarantee Trustee in good faith determines determine that the withholding of such notice is in the interests of the Holders.. For the purpose of this Section 2.4, the term “default” means any event that is, or after notice or lapse of time or both would become, an Event of Default. EXHIBIT 4.3

Appears in 1 contract

Samples: Guarantee Agreement (Pab Bankshares Inc)

Event of Default; Notice. (a) The Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the HoldersHolders of the Preferred Securities, notices of all Events of Default known to the Guarantee Trustee, unless such defaults have been cured before the giving of such notice, provided, that, except in the case of a default in the payment of a Guarantee Payment, the Guarantee Trustee shall be protected in withholding such notice if and so long as the Board board of Directorsdirectors, the executive committee committee, or a trust committee of directors and/or Responsible Officers of the Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the HoldersHolders of the Preferred Securities.

Appears in 1 contract

Samples: Guarantee Agreement (Amerus Capital I)

Event of Default; Notice. (a) The Guarantee Trustee ------------------------- shall, within 90 days after the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the Holders, notices of all Events of Default known to the Guarantee Trustee, unless such defaults Events of Default have been cured before the giving of such notice, ; provided, that, except in the case of a -------- default in the payment of a Guarantee Payment, the Guarantee Trustee shall be protected in withholding such notice if and so long as the Board of Directors, the executive committee or a trust committee of directors and/or a Responsible Officers of the Guarantee Trustee Officer in good faith determines that the withholding of such notice is in the interests of the Holders.

Appears in 1 contract

Samples: Agreement (Central Fidelity Capital Trust I)

Event of Default; Notice. (a) The Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the HoldersHolders of the Preferred Securities, notices of all Events of Default known to the Guarantee Trustee, unless such defaults have been cured before the giving of such notice, provided, that, except in the case of a default in the payment of a Guarantee Payment, provided that the Guarantee Trustee shall be protected in withholding such notice if and so long as the Board board of Directorsdirectors, the executive committee committee, or a trust committee of directors and/or Responsible Officers of the Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the HoldersHolders of the Preferred Securities.

Appears in 1 contract

Samples: Guarantee Agreement (Amerus Life Holdings Inc)

Event of Default; Notice. (a) The Guarantee Trustee shall, within 90 20 days after the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the Holders, notices of all Events of Default known to the Guarantee Trustee, unless such defaults Events of Default have been cured before the giving of such notice, ; provided, that, except in the case of a default in the payment of a Guarantee Payment, the Guarantee Trustee shall be protected in withholding such notice if and so long as the Board of Directors, the executive committee or a trust committee of directors and/or Responsible Officers of the Guarantee Trustee in good faith determines determine that the withholding of such notice is in the interests of the Holders.

Appears in 1 contract

Samples: Agreement (Calpine Corp)

Event of Default; Notice. (a) The Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the Holders, notices notice of all Events any such Event of Default known to the Guarantee Trustee, unless such defaults have Event of Default has been cured before the giving of such notice, provided, provided that, except in the case of a default in the payment of a Guarantee Payment, the Guarantee Trustee shall be protected in withholding such notice if and so long as the Board board of Directorsdirectors, the executive committee or a trust committee of directors and/or Responsible Officers of the Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders.. GUARANTEE AGREEMENT

Appears in 1 contract

Samples: Guarantee Agreement (Fifth Third Capital Trust Iv)

Event of Default; Notice. (a) The Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the Holders, notices notice of all Events any such Event of Default known to the Guarantee Trustee, unless such defaults have Event of Default has been cured before the giving of such notice, provided, provided that, except in the case of a default in the payment of a Guarantee Payment, the Guarantee Trustee shall be protected in withholding such notice if and so long as the Board board of Directorsdirectors, the executive committee committee, or a trust committee of directors and/or Responsible Officers responsible officers, of the Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders.

Appears in 1 contract

Samples: Guarantee Agreement (GE Capital Trust I)

Event of Default; Notice. (a) The Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the Holders, notices of all Events of Default actually known to a Responsible Officer of the Guarantee Trustee, unless such defaults have been cured before the giving of such notice, provided, that, except in the case of a default in the payment of a Guarantee PaymentPayment or Additional Amounts, the Guarantee Trustee shall be protected in withholding such notice if and so long as the Board of Directors, the executive committee or a trust committee of directors and/or Responsible Officers of the Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders.

Appears in 1 contract

Samples: Guarantee Agreement (Mellon Financial Corp)

Event of Default; Notice. (a) The Capital Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the HoldersHolders of the Capital Securities, notices of all Events of Default known to the Capital Guarantee Trustee, unless such defaults have been cured before the giving of such notice, provided, provided that, except in the case of a default in the payment of a Guarantee Payment, the Capital Guarantee Trustee shall be protected in withholding such notice if and so long as the Board board of Directorsdirectors, the executive committee committee, or a trust committee of directors and/or Responsible Officers Officers, of the Capital Guarantee Trustee in good faith determines determine that the withholding of such notice is in the interests of the HoldersHolders of the Capital Securities.

Appears in 1 contract

Samples: Securities Guarantee Agreement (Household International Inc)

Event of Default; Notice. (a) The Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the Holders, notices of all Events of Default known to the Guarantee Trustee, unless such defaults have been cured before the giving of such notice, provided, ; provided that, except in the case of a default in the payment of a Guarantee Payment, the Guarantee Trustee shall be protected in withholding such notice if and so long as the Board of Directors, the executive committee or a trust committee of directors and/or Responsible Officers of the Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders.

Appears in 1 contract

Samples: Guarantee Agreement (Us Bancorp Capital I)

Event of Default; Notice. (a) The Guarantee Trustee shall, within 90 days after the occurrence of an Event of DefaultDefault known to it, transmit by mail, first class postage prepaid, to the Holders, notices notice of all Events any such Event of Default known to the Guarantee TrusteeDefault, unless such defaults have Event of Default has been cured before the giving of such notice, provided, PROVIDED that, except in the case of a default in the payment of a Guarantee Payment, the Guarantee Trustee shall be protected in withholding such notice if and so long as the Board board of Directorsdirectors, the executive committee or a trust committee of directors and/or Responsible Officers of the Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders.

Appears in 1 contract

Samples: Guarantee Agreement (Southern States Capital Trust I)

Event of Default; Notice. (a) The Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the Holders, notices of all Events of Default actually known to the Guarantee Trustee, unless such defaults have been cured before the giving of such notice, provided, that, except in the case of a default in the payment of a Guarantee Payment, the Guarantee Trustee shall be protected in withholding such notice if and so long as the Board of Directors, the executive committee or a trust committee of directors and/or Responsible Officers of the Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders.

Appears in 1 contract

Samples: Guarantee Agreement (Rli Corp)

Event of Default; Notice. (a) The Guarantee Trustee shall, within 90 days after the occurrence of an Event of Defaulta default, transmit by mail, first class postage prepaid, to the Holders, notices of all Events of Default defaults actually known to the Guarantee Trustee, unless such defaults have been cured or waived before the giving of such notice, provided, that, that except in the case of a default in the payment of a Guarantee Payment, the Guarantee Trustee shall be protected in withholding such notice if and so long as the Board of Directors, the executive committee or a trust committee of directors and/or Responsible Officers of the Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders.. For the purpose of this Section, the term "

Appears in 1 contract

Samples: Guarantee Agreement (Bnccorp Inc)

Event of Default; Notice. (a) The Guarantee Trustee shall, within 90 ninety (90) days after the occurrence of an Event of Defaulta default, transmit by mail, first class postage prepaid, to the Holders, Holders notices of all Events of Default defaults actually known to the Guarantee Trustee, unless such defaults have been cured or waived before the giving of such notice, providedPROVIDED, that, except in the case of a default in the payment of a Guarantee Payment, the Guarantee Trustee shall be protected in withholding such notice if and so long as the Board of Directors, the executive committee or a trust committee of directors and/or Responsible Officers of the Guarantee Trustee in good faith determines determine that the withholding of such notice is in the interests of the Holders.. For the purpose of this SECTION 2.4, the term "

Appears in 1 contract

Samples: Agreement (San Joaquin Bancorp)

Event of Default; Notice. (a) The Guarantee Trustee shall, within 90 days after the occurrence Guarantee Trustee has actual knowledge of an Event of Default, transmit by mail, first class postage prepaid, to the Holders, notices notice of all Events of Default actually known to the Guarantee Trustee, unless such defaults Events of Default have been cured before the giving of such notice, provided, that; PROVIDED THAT, except in the case of a default in the payment of a Guarantee Payment, the Guarantee Trustee shall be protected in withholding such notice if and so long as the Board of Directors, the executive committee or a trust committee of directors and/or Responsible Officers of the Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders.

Appears in 1 contract

Samples: Guarantee Agreement (United Community Capital Trust)

Event of Default; Notice. (a) The Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the Holders, notices of all Events of Default known to the Guarantee Trustee, unless such defaults have been cured before the giving of such notice, ; provided, that, except in the case of a default in the payment of a Guarantee Payment, the Guarantee Trustee shall be protected in withholding such notice if and so long as the Board of Directors, the executive committee or a trust committee of directors and/or Responsible Officers of the Guarantee Trustee in good faith determines deter mines that the withholding of such notice is in the interests of the Holders.

Appears in 1 contract

Samples: Guarantee Agreement (SNH Nebraska Inc)

Event of Default; Notice. (a) The Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the Holders, Holders notices of all Events such Event of Default (if the occurrence is known to the Guarantee Trustee), unless such defaults have default has been cured before the giving of such notice, ; provided, that, except in the case of a default in the payment of a Guarantee Payment, the Guarantee Trustee shall be protected in withholding such notice if and so long as the Board of Directors, the executive committee or a trust any other committee of directors and/or Responsible Officers of the Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders.

Appears in 1 contract

Samples: Guarantee Agreement (Radian Group Capital Trust II)

Event of Default; Notice. (a) The Guarantee Trustee shall, within 90 ninety (90) days after the occurrence of an Event of Defaulta default, transmit by mail, first class postage prepaid, to the HoldersTrust, the Parent Guarantor and the Holders notices of all Events of Default defaults actually known to the Guarantee Trustee, unless such defaults have been cured or waived before the giving of such notice, ; provided, that, except in the case of a default in the payment of a Parent Guarantee Payment, the Guarantee Trustee shall be protected in withholding such notice if and so long as the Board of Directors, the executive committee or a trust committee of directors and/or Responsible Officers of the Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders.. For the purpose of this Section 2.4, the term "

Appears in 1 contract

Samples: Parent Guarantee Agreement (CRM Holdings, Ltd.)

Event of Default; Notice. (a) The Guarantee Trustee shall, within 90 days after it has knowledge of the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the Holders, notices notice of all Events any such Event of Default known to the Guarantee Trustee, unless such defaults have Event of Default has been cured before the giving of such notice, provided, provided that, except in the case of a default in the payment of a Guarantee Payment, the Guarantee Trustee shall be protected in withholding such notice if and so long as the Board board of Directorsdirectors, the executive committee or a trust committee of directors and/or Responsible Officers of the Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders.

Appears in 1 contract

Samples: Guarantee Agreement (Virginia Commerce Bancorp Inc)

Event of Default; Notice. (a) The Trust Securities Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default, transmit mail by mail, first first-class postage prepaid, to the all Holders, notices of all Events of Default defaults actually known to the Guarantee Trusteea Responsible Officer, unless such defaults have been cured before the giving of such notice, provided, provided that, except in the case of a default in the payment of a any Guarantee Payment, the Trust Securities Guarantee Trustee shall be protected in withholding such notice if and so long as the Board board of Directorsdirectors, the executive committee committee, or a trust committee of directors and/or a Responsible Officers Officer of the Trust Securities Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders.

Appears in 1 contract

Samples: Guarantee Agreement (Commerce Capital Trust Ii)

Event of Default; Notice. (a) The Guarantee Trustee shall, within 90 ninety (90) days after the occurrence of an Event of Defaulta default, transmit by mail, first class postage prepaid, to the Holders, Holders notices of all Events of Default defaults actually known to the Guarantee Trustee, unless such defaults have been cured or waived before the giving of such notice, provided, that, except in the case of a default in the payment of a Guarantee Payment, the Guarantee Trustee shall be protected in withholding such notice if and so long as the Board of Directors, the executive committee or a trust committee of directors and/or Responsible Officers of the Guarantee Trustee in good faith determines determine that the withholding of such notice is in the interests of the Holders.. For the purpose of this Section 2.4, the term “

Appears in 1 contract

Samples: Guarantee Agreement (Valley Financial Corp /Va/)

Event of Default; Notice. (a) The Guarantee Trustee shall, within 90 30 days after the occurrence of an Event of DefaultDefault known to it, transmit by mail, first class postage prepaid, to the Holders, notices notice of all Events any such Event of Default known to the Guarantee TrusteeDefault, unless such defaults have Event of Default has been cured before the giving of such notice, provided, provided that, except in the case of a default in the payment of a Guarantee Payment, the Guarantee Trustee shall be protected in withholding such notice if and so long as the Board board of Directorsdirectors, the executive committee or a trust committee of directors and/or Responsible Officers of the Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders.

Appears in 1 contract

Samples: Guarantee Agreement (HSB Group Inc)

Event of Default; Notice. (a) The Preferred Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the Holders, notices of all Events of Default known to the Preferred Guarantee Trustee, unless such defaults have been cured before the giving of such notice, providedPROVIDED, that, except in the case of a default in the payment of a Guarantee PaymentTHAT, the Preferred Guarantee Trustee shall be protected in withholding such notice if and so long as the Board board of Directorsdirectors, the executive committee committee, or a trust committee of directors and/or Responsible Officers of the Preferred Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders.

Appears in 1 contract

Samples: Guarantee Agreement (NVP Capital Iii)

Event of Default; Notice. (a) The Capital Guarantee Trustee shall, within 90 days after the occurrence of an Event of DefaultDefault known to the Capital Guarantee Trustee, transmit by mail, first class postage prepaid, to the HoldersHolders of the Capital Securities, notices of all such Events of Default known to the Guarantee TrusteeDefault, unless such defaults have been cured before the giving of such notice, provided, that, except in the case of a default in the payment of a Guarantee Payment, the Capital Guarantee Trustee shall be protected in withholding such notice if and so long as the Board board of Directorsdirectors, the executive committee committee, or a trust committee of directors and/or Responsible Officers of the Capital Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the HoldersHolders of the Capital Securities.

Appears in 1 contract

Samples: Capital Securities Guarantee Agreement (Great Western Financial Corp)

Event of Default; Notice. (a) The Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the Holders, notices of all Events of Default known to the Guarantee Trustee, unless such defaults have been cured before the giving of such notice, provided, provided that, except in the case of a default in the payment of a Guarantee Payment, the Guarantee Trustee shall be protected in withholding such notice if and so long as the Board of Directors, the executive committee or a trust committee of directors and/or Responsible Officers of the Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders.

Appears in 1 contract

Samples: Guarantee Agreement (Superior National Insurance Group Inc)

Event of Default; Notice. (a) The Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the Holders, notices of all Events of Default known to the Guarantee Trustee, unless such defaults have been cured before the giving of such notice, provided, that, except in the case of a default in the payment of a Guarantee Payment, the Guarantee Trustee shall be protected in withholding such notice if and so long as the Board of Directors, the executive committee or a trust committee of directors and/or Responsible Officers of the Guarantee Trustee in good faith determines deter mines that the withholding of such notice is in the interests of the Holders.

Appears in 1 contract

Samples: Guarantee Agreement (Alcoa Trust I)

Event of Default; Notice. (a) The Capital Securities Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the HoldersHolders of the Capital Securities, notices of all Events of Default known to the Capital Securities Guarantee Trustee, unless such defaults have been cured before the giving of such notice, provided, provided that, except in the case of a default in the payment of a Guarantee Payment, the Capital Securities Guarantee Trustee shall be protected in withholding such notice if and so long as the Board board of Directorsdirectors, the executive committee committee, or a trust committee of directors and/or Responsible Officers Officers, of the Capital Securities Guarantee Trustee in good faith determines determine that the withholding of such notice is in the interests of the HoldersHolders of the Capital Securities.

Appears in 1 contract

Samples: Securities Guarantee Agreement (HSBC Finance Capital Trust IX)

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