Event of Default; Notice. (a) The Preferred Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the Holders of the Preferred Securities, notices of all Events of Default actually known to a Responsible Officer of the Preferred Guarantee Trustee, unless such defaults have been cured before the giving of such notice, provided, that, the Preferred Guarantee Trustee shall be protected in withholding such notice if and so long as a Responsible Officer of the Preferred Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders of the Preferred Securities.
Appears in 86 contracts
Samples: Preferred Securities Guarantee Agreement (Protective Life Corp), Preferred Securities Guarantee Agreement (Protective Life Corp), Preferred Securities Guarantee Agreement (Protective Life Corp)
Event of Default; Notice. (a) The Preferred Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the Holders of the Preferred Securities, notices of all Events of Default actually known to a Responsible Officer of the Preferred Guarantee Trustee, unless such defaults have been cured before the giving of such notice, ; provided, that, that the Preferred Guarantee Trustee shall be protected in withholding such notice if and so long as a Responsible Officer of the Preferred Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders of the Preferred Securities.
Appears in 26 contracts
Samples: Preferred Securities Guarantee Agreement (Capitol Trust I), Securities Guarantee Agreement (First America Capital Trust), Securities Guarantee Agreement (Mvbi Capital Trust)
Event of Default; Notice. (a) The Preferred Guarantee Trustee shall, within 90 ninety (90) days after the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the Holders of the Preferred Securities, notices of all Events of Default actually known to a Responsible Officer of the Preferred Guarantee Trustee, unless such defaults have been cured before the giving of such notice, ; provided, that, that the Preferred Guarantee Trustee shall be protected in withholding such notice if and so long as a Responsible Officer of the Preferred Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders of the Preferred Securities.
Appears in 14 contracts
Samples: Preferred Securities Guarantee Agreement (S.Y. Bancorp Capital Trust II), Preferred Securities Guarantee Agreement (Itla Capital Corp), Preferred Securities Guarantee Agreement (S Y 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 Holders of the Preferred Securities, notices of all Events of Default actually known to a Responsible Officer of the Preferred Guarantee Trustee, unless such defaults have been cured before the giving of such notice, provided, that, 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 Officer Officers of the Preferred Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders of the Preferred Securities.
Appears in 10 contracts
Samples: Preferred Securities Guarantee Agreement (Southwest Gas Capital I), Preferred Securities Guarantee Agreement (Ati Financing Ii), Preferred Securities Guarantee Agreement (Calenergy Capital Trust Iii)
Event of Default; Notice. (a) The Preferred Guarantee Trustee shall, within 90 days after the occurrence of an Event of DefaultDefault actually known to a Responsible Officer of the Preferred Guarantee Trustee, transmit by mail, first class postage prepaid, to the Holders of the Preferred Securities, notices of all such Events of Default actually known to a Responsible Officer of the Preferred Guarantee Trustee, unless such defaults have been cured before the giving of such notice, provided, that, provided that the Preferred Guarantee Trustee shall be protected in withholding such notice if and so long as a Responsible Officer of the Preferred Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders of the Preferred Securities.
Appears in 7 contracts
Samples: Preferred Securities Guarantee Agreement (Torchmark Capital Trust III), Preferred Securities Guarantee Agreement (Torchmark Capital Trust V), Preferred Securities Guarantee Agreement (Torchmark Corp)
Event of Default; Notice. (a) The Trust Preferred Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the Holders of the Trust Preferred Securities, Securities notices of all Events of Default actually known to a Responsible Officer of the Trust Preferred Guarantee Trustee, unless such defaults Events of Default have been cured before the giving of such notice, ; provided, that, the Trust Preferred Guarantee Trustee shall be protected in withholding such notice if and so long as a Responsible Officer of the Trust Preferred Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders of the Trust Preferred Securities.
Appears in 7 contracts
Samples: Deutsche Bank Contingent Capital LLC V, Deutsche Bank Contingent Capital LLC V, Deutsche Bank Contingent Capital LLC III
Event of Default; Notice. (a) The Preferred Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the Holders of the Preferred Securities, notices of all Events of Default actually known to a Responsible Officer of the Preferred Guarantee Trustee, unless such defaults have been cured before the giving of such notice, ; provided, that, that the Preferred Guarantee Trustee shall be protected in withholding such notice if and so long as a Responsible Officer of the Preferred Guarantee Trustee in good faith determines that the withholding of such notice is in the interests interest of the Holders of the Preferred Securities.
Appears in 6 contracts
Samples: Securities Guarantee Agreement (Bankunited Capital Iii), Preferred Securities Guarantee Agreement (Fidelity Capital Trust I), Preferred Securities Guarantee Agreement (BBC Capital Trust I)
Event of Default; Notice. (a) The Preferred Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the Holders of the Trust Preferred Securities, notices of all Events of Default actually known to a Responsible Officer of which the Preferred Guarantee TrusteeTrustee is deemed to have knowledge (as defined in Section 2.7(b)), unless such defaults have been cured before the giving of such notice, provided, that, ; provided that the Preferred Guarantee Trustee shall be protected in withholding such notice if and so long as a Responsible Officer of the Preferred Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders of the Trust Preferred Securities.
Appears in 5 contracts
Samples: Preferred Securities Guarantee Agreement (American Equity Investment Life Holding Co), Preferred Securities Guarantee Agreement (American Equity Investment Life Holding Co), Preferred Securities Guarantee Agreement (Westcoast Hospitality Capital Trust)
Event of Default; Notice. (a) The Trust Preferred Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the Holders of the Trust Preferred Securities, notices of all Events of Default actually known to a Responsible Officer of the Trust Preferred Guarantee Trustee, unless such defaults have been cured before the giving of such notice, provided, that, the Trust Preferred Guarantee Trustee shall be protected in withholding such notice if and so long as a Responsible Officer of the Trust Preferred Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders of the Trust Preferred Securities Trust Preferred Securities.
Appears in 5 contracts
Samples: Preferred Securities Guarantee Agreement (Enron Capital Trust Ii), Trust Preferred Securities Guarantee Agreement (Capita Preferred Trust), Trust Preferred Securities Guarantee Agreement (Enron Capital Trust I)
Event of Default; Notice. (a) The Preferred Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the Holders of the Preferred Securities, notices of all Events of Default actually known to a Responsible Officer of the Preferred Guarantee Trustee, unless such defaults have been cured before the giving of such notice, provided, that, provided that 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 Officer Officers of the Preferred Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders of the Preferred Securities.
Appears in 5 contracts
Samples: Preferred Securities Guarantee Agreement (Northwestern Corp), Guarantee Agreement (Northwestern Corp), Preferred Securities Guarantee Agreement (Northwestern Corp)
Event of Default; Notice. (a) The Preferred Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the Holders of the Preferred SecuritiesHolders, notices of all Events of Default actually known to a Responsible Officer of the Preferred Guarantee Trustee, unless such defaults Events of Default have been cured before the giving of such notice, ; provided, that, the Preferred Guarantee Trustee shall be protected in withholding such notice if and so long as a Responsible Officer of the Preferred Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders of the Preferred SecuritiesHolders.
Appears in 5 contracts
Samples: Preferred Securities Guarantee Agreement, Preferred Securities Guarantee Agreement (St. Paul Travelers Capital Trust IV), Preferred Securities Guarantee Agreement (St Paul Capital Trust Ii)
Event of Default; Notice. (a) The Preferred Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the Holders of the Preferred Securities, notices of all Events of Default actually known to a Responsible Officer of the Preferred Guarantee Trustee, unless such defaults have been cured before the giving of such notice, provided, provided that, 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 Officer Officers, of the Preferred Guarantee Trustee in good faith determines determine that the withholding of such notice is in the interests of the Holders of the Preferred Securities.
Appears in 4 contracts
Samples: Preferred Securities Guarantee Agreement (HSBC Finance Capital Trust IX), Preferred Securities Guarantee Agreement (Household Capital Trust Vi), Preferred Securities Guarantee Agreement (Household International Inc)
Event of Default; Notice. (a) The Preferred Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the Holders of the Preferred Securities, notices of all Events of Default actually known to a Responsible Officer of the Preferred Guarantee Trustee, transmit by mail, first class postage prepaid, to the Holders, notices of all such Events of Default unless such defaults have been cured before the giving of such notice, provided, that, provided that the Preferred Guarantee Trustee shall be protected in withholding such notice if and so long as a Responsible Officer of the Preferred Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders of the Preferred SecuritiesHolders.
Appears in 4 contracts
Samples: Preferred Securities Guarantee Agreement (McKesson Financing Trust Iv), Preferred Securities Guarantee Agreement (McKesson Financing Trust Iv), Preferred Securities Guarantee Agreement (McKesson Financing Trust Iv)
Event of Default; Notice. (a) The Preferred Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the Holders of the Preferred SecuritiesHolders, notices of all Events of Default actually known to a Responsible Officer of the Preferred Guarantee Trustee, unless such defaults Events of Default have been cured before the giving of such notice, provided, that, ; provided that the Preferred Guarantee Trustee shall be protected in withholding such notice if and so long as a Responsible Officer of the Preferred Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders of the Preferred SecuritiesHolders.
Appears in 4 contracts
Samples: Guarantee Agreement (Prudential Financial Capital Trust Ii), Preferred Securities Guarantee Agreement (Prudential Financial Capital Trust Ii), Preferred Securities Guarantee Agreement (Prudential Financial Capital Trust Ii)
Event of Default; Notice. (a) The Preferred Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the Holders of the Preferred Securities, notices of all Events of Default actually known to a Responsible Officer of the Preferred Guarantee Trustee, unless such defaults have been cured before the giving of such notice, provided, that, ; provided that the Preferred Guarantee Trustee shall be protected in withholding such notice if and so long as a Responsible Officer of the Preferred Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders of the Preferred Securities.
Appears in 4 contracts
Samples: Preferred Securities Guarantee Agreement (Feg Holdings Inc), Preferred Securities Guarantee Agreement (Designer Holdings LTD), Preferred Securities Guarantee Agreement (Warnaco Group Inc /De/)
Event of Default; Notice. (a) The Preferred Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the Holders of the Preferred SecuritiesTECONS, notices of all Events of Default actually known to a Responsible Officer of the Preferred Guarantee Trustee, unless such defaults have been cured before the giving of such notice, provided, that, the Preferred Guarantee Trustee shall be protected in withholding such notice if and so long as a Responsible Officer of the Preferred Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders of the Preferred SecuritiesTECONS.
Appears in 3 contracts
Samples: Preferred Securities Guarantee Agreement (Nuevo Energy Co), Preferred Securities Guarantee Agreement (Nuevo Energy Co), Preferred Securities Guarantee Agreement (CNF Transportation Inc)
Event of Default; Notice. (a) The Preferred 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 of the Trust Preferred Securities, notices of all Events of Default actually known to a Responsible Officer of the Preferred Trust Guarantee Trustee, unless such defaults have been cured before the giving of such notice, ; provided, thathowever, that the Preferred Trust Guarantee Trustee shall be protected in withholding such notice if and so long as a Responsible Officer of the Preferred Trust Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders of the Trust Preferred Securities.
Appears in 3 contracts
Samples: Trust Preferred Securities Guarantee Agreement (Hawaiian Electric Industries Inc), Trust Preferred Securities Guarantee Agreement (Hei Preferred Funding L P), Trust Preferred Securities Guarantee Agreement (Hawaiian Electric Industries Inc)
Event of Default; Notice. (a) The Preferred Guarantee Trustee shall, within 90 days after the occurrence of an Event of DefaultDefault actually known to a Responsible Officer of the Preferred Guarantee Trustee, transmit by mail, first class postage prepaid, to the Holders of the Preferred SecuritiesHolders, notices of all such Events of Default actually known to a Responsible Officer of the Preferred Guarantee TrusteeDefault, unless such defaults have been cured before the giving of such notice, provided, that, the Preferred Guarantee Trustee shall be protected in withholding such notice if and so long as a Responsible Officer of the Preferred Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders of the Preferred Securities.
Appears in 3 contracts
Samples: Preferred Securities Guarantee Agreement (Suntrust Banks Inc), Preferred Securities Guarantee Agreement (Suntrust Capital Iv), Preferred Securities Guarantee Agreement (Suntrust Capital Ii)
Event of Default; Notice. (a) The Preferred Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the Holders of the Preferred SecuritiesHolders, notices of all Events of Default actually known to a Responsible Officer of the Preferred Guarantee Trustee, unless such defaults Events of Default have been cured before the giving of such notice, provided; PROVIDED, that, the Preferred Guarantee Trustee shall be protected in withholding such notice if and so long as a Responsible Officer of the Preferred Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders of the Preferred SecuritiesHolders.
Appears in 3 contracts
Samples: Preferred Securities Guarantee Agreement (Allegheny Energy Inc), Preferred Securities Guarantee Agreement (Allegheny Energy Inc), Preferred Securities Guarantee Agreement (Allegheny Energy Inc)
Event of Default; Notice. (a) The Preferred Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the Holders of the Preferred Securities, notices of all Events of Default actually known to a Responsible Officer of the Preferred Guarantee Trustee, unless such defaults have been cured before the giving of such notice, ; provided, thathowever, that the Preferred Guarantee Trustee shall be protected in withholding such notice if and so long as a Responsible Officer of the Preferred Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders of the Preferred Securities.
Appears in 3 contracts
Samples: Preferred Securities Guarantee Agreement (Washington Water Power Capital Iii), Preferred Securities Guarantee Agreement (Washington Water Power Capital Iii), Preferred Securities Guarantee Agreement (Washington Water Power Capital Iii)
Event of Default; Notice. (a) The Preferred Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the Holders of the Preferred Securities, notices of all Events of Default actually known to a Responsible Officer of the Preferred Guarantee Trustee, unless such defaults have been cured before the giving of such notice, provided, that, the Preferred Guarantee Trustee shall be protected in withholding such notice notice, to the extent permitted by the Trust Indenture Act, if and so long as a Responsible Officer of the Preferred Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders of the Preferred Securities.
Appears in 2 contracts
Samples: Preferred Securities Guarantee Agreement (Consumers Energy Co Financing Ii), Preferred Securities Guarantee Agreement (Consumers Power Co Financing I)
Event of Default; Notice. (a) The Preferred Guarantee Trustee shall, within 90 days after a Responsible Officer has knowledge of the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the Holders of the Preferred Securities, notices of all Events of Default actually known to a Responsible Officer of the Preferred Guarantee Trustee, unless such defaults have been cured before the giving of such notice, provided, that, the Preferred Guarantee Trustee shall be protected in withholding such notice if and so long as a Responsible Officer of the Preferred Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders of the Preferred Securities.
Appears in 2 contracts
Samples: Preferred Securities Guarantee Agreement (Illinois Power Co), Preferred Securities Guarantee Agreement (Arvin Capital I)
Event of Default; Notice. (a) The Preferred Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the Holders of the Preferred Securities, notices of all Events of Default actually known to a Responsible Officer of the Preferred Guarantee Trustee, unless such defaults have been cured before the giving of such notice, ; provided, thatexcept in the case of a default in the payment of a Guarantee Payment, that the Preferred Guarantee Trustee shall be protected in withholding such notice if and so long as a Responsible Officer of the Preferred Guarantee Trustee in good faith determines that the withholding of such notice is in the interests interest of the Holders of the Preferred Securities.
Appears in 2 contracts
Samples: Preferred Securities Guarantee Agreement (Ufh Capital Trust I), Preferred Securities Guarantee Agreement (Bankatlantic 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 Holders of the Preferred Securities, notices of all Events of Default actually known to a Responsible Officer of the Preferred Guarantee Trustee, unless such defaults have been cured before the giving of such notice, provided, provided that, the Preferred Capital 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 Officer Officers, of the Preferred Guarantee Trustee in good faith determines determine that the withholding of such notice is in the interests of the Holders of the Preferred Securities.
Appears in 2 contracts
Samples: Preferred Securities Guarantee Agreement (Household International Inc), Preferred Securities Guarantee Agreement (Household Capital Trust Vii)
Event of Default; Notice. (a) The Preferred Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the Holders of the Convertible Preferred Securities, notices of all Events of Default actually known to a Responsible Officer of the Preferred Guarantee Trustee, unless such defaults have been cured before the giving of such notice, provided, that, ; PROVIDED that the Preferred Guarantee Trustee shall be protected in withholding such notice if and so long as a Responsible Officer of the Preferred Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders of the Convertible Preferred Securities.
Appears in 2 contracts
Samples: Securities Guarantee Agreement (Sun Healthcare Group Inc), Securities Guarantee Agreement (Sun Healthcare Group Inc)
Event of Default; Notice. (a) The Preferred Guarantee Trustee shall, within 90 days after the occurrence of an Event of DefaultDefault actually known to a Responsible Officer of the Preferred Guarantee Trustee, transmit by mail, first class postage prepaid, to the Holders of the Preferred Securities, notices of all such Events of Default actually known to a Responsible Officer of the Preferred Guarantee TrusteeDefault, unless such defaults have been cured before the giving of such notice, provided, that, the Preferred Guarantee Trustee shall be protected in withholding such notice notice, to the extent permitted by the Trust Indenture Act, if and so long as a Responsible Officer of the Preferred Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders of the Preferred Securities.
Appears in 2 contracts
Samples: Preferred Securities Guarantee Agreement (Puget Sound Energy Inc), Preferred Securities Guarantee Agreement (Laclede Capital Trust I)
Event of Default; Notice. (a) The Preferred Guarantee Trustee shall, within 90 days five (5) Business Days after the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the Holders of the Preferred Securities, notices of all Events of Default actually known to a Responsible Officer of the Preferred Guarantee Trustee, unless such defaults have been cured before the giving of such notice, provided, that, the Preferred Guarantee Trustee shall be protected in withholding such notice if and so long as a Responsible Officer of the Preferred Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders of the Preferred Securities.
Appears in 2 contracts
Samples: Preferred Securities Guarantee Agreement (Berkley W R Corp), Preferred Securities Guarantee Agreement (Berkley W R Corp)
Event of Default; Notice. (a) The Preferred Guarantee Trustee shall, within 90 ninety (90) days after the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the Holders of the Preferred Securities, notices of all Events of Default actually known to a Responsible Officer of the Preferred Guarantee Trustee, unless such defaults have been cured before the giving of such notice, ; provided, thathowever, that the Preferred Guarantee Trustee shall be protected in withholding such notice if and so long as a Responsible Officer of the Preferred Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders of the Preferred Securities.
Appears in 2 contracts
Samples: Securities Guarantee Agreement (Abc Bancorp Capital Trust I), Securities Guarantee Agreement (Abc Bancorp Capital Trust I)
Event of Default; Notice. (a) The Trust Preferred Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the Holders of the Trust Preferred Securities, Securities notices of all Events of Default actually known to a Responsible Officer of the Trust Preferred Guarantee Trustee, unless such defaults Events of Default have been cured before the giving of such notice, provided, that, ; provided that the Trust Preferred Guarantee Trustee shall be protected in withholding such notice if and so long as a Responsible Officer of the Trust Preferred Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders of the Trust Preferred Securities.
Appears in 1 contract
Event of Default; Notice. (a) The Preferred Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the Holders of the Preferred Securities, notices of all Events of Default actually known to a Responsible Officer of the Preferred Guarantee Trustee, unless such defaults have been cured before the giving of such notice, provided, that, 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 or Responsible Officer Officers of the Preferred Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders of the Preferred Securities.
Appears in 1 contract
Samples: Preferred Securities Guarantee Agreement (Reliastar Financing Ii)
Event of Default; Notice. (a) The Preferred Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the Holders of the Preferred Securities, notices of all Events of Default actually known to a Responsible Officer of the Preferred Guarantee Trustee, unless such defaults have been cured before the giving of such notice, provided, that, provided that the Preferred Guarantee Trustee shall be protected in withholding such notice if and so long as a Responsible Officer of the Preferred Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders of the Preferred Securities.
Appears in 1 contract
Event of Default; Notice. (a) The Preferred Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the Holders of the Preferred Securities, notices of all Events of Default actually known to a Responsible Officer of the Preferred Guarantee Trustee, unless such defaults have been cured before the giving of such notice, provided, that, 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 Officer Officers of the Preferred Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders of the Preferred Securities.
Appears in 1 contract
Samples: Preferred Securities Guarantee Agreement (Reliastar Financing V)
Event of Default; Notice. (a) The Preferred Guarantee Trustee shall, within 90 days after the occurrence of an Event of DefaultDefault hereunder, transmit by mail, first class postage prepaid, to the Holders of the Trust Preferred Securities, notices of all Events of Default actually known to a Responsible Officer of the Preferred Guarantee Trustee, unless such defaults have been cured before the giving of such notice, provided, that, the Preferred Guarantee Trustee shall be protected in withholding such notice if and so long as a Responsible Officer of the Preferred Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders of the Trust Preferred Securities.
Appears in 1 contract
Samples: Preferred Securities Guarantee Agreement (Apple South Financing I)
Event of Default; Notice. (a) The Preferred Guarantee Trustee shall, within 90 days after the occurrence of an Event of DefaultDefault actually known to a Responsible Officer of the Preferred Guarantee Trustee, transmit by mail, first class postage prepaid, to the Holders of the Preferred Securities, notices of all Events of Default actually known to a Responsible Officer of the Preferred Guarantee Trustee, unless such defaults have been cured before the giving of such notice, provided, that, the Preferred Guarantee Trustee shall be protected in withholding such notice if and so long as a Responsible Officer of the Preferred Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders of the Preferred Securities.
Appears in 1 contract
Samples: Preferred Securities Guarantee Agreement (BVBC Capital Trust I)
Event of Default; Notice. (a) The Preferred Guarantee Trustee shall, within 90 days after the occurrence of an a Guarantee Event of Default, transmit by mail, first class postage prepaid, to the Holders of the Preferred SecuritiesHolders, notices of all Guarantee Events of Default with respect to this Preferred Securities Guarantee actually known to a Responsible Officer of the Preferred Guarantee Trustee, unless such defaults Guarantee Events of Default have been cured before the giving of such notice, ; provided, that, the Preferred Guarantee Trustee shall be protected in withholding such notice if and so long as a Responsible Officer of the Preferred Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders of the Preferred SecuritiesHolders.
Appears in 1 contract
Samples: Preferred Securities Guarantee Agreement (Federal Mogul Financing Trust)
Event of Default; Notice. (a) The Preferred Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the Holders of the Preferred Pre- ferred Securities, notices of all Events of Default actually known to a Responsible Officer of the Preferred Guarantee TrusteeTrust- ee, unless such defaults have been cured before the giving of such notice, provided, that, the Preferred Guarantee Trustee shall be protected in withholding such notice if and so long as a Responsible Officer of the Preferred Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders of the Preferred Securities.
Appears in 1 contract
Samples: Preferred Securities Guarantee Agreement (Noram Energy Corp)
Event of Default; Notice. (a) The Preferred Guarantee Trustee shall, within 90 days after the occurrence of an Event of DefaultDefault actually known to a Responsible Officer of the Preferred Guarantee Trustee, transmit by mail, first class postage prepaid, to the Holders of the Preferred Securities, notices of all such Events of Default actually known to a Responsible Officer of the Preferred Guarantee Trustee, unless such defaults have been cured before the giving of such notice, ; provided, that, that the Preferred Guarantee Trustee shall be protected in withholding such notice if and so long as a Responsible Officer of the Preferred Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders of the Preferred Securities.
Appears in 1 contract
Samples: Preferred Securities Guarantee Agreement (Capitol Trust I)
Event of Default; Notice. (a) The Preferred Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the Holders of the Preferred Securities, notices of all Events of Default actually known to a Responsible Officer of the Preferred Guarantee Trustee, unless such defaults have been cured before the giving of such notice, provided, that, the Preferred Guarantee Trustee shall be protected in withholding such notice if and so long as a Responsible Officer of the Preferred Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders of the Preferred Securities.that
Appears in 1 contract
Samples: Preferred Securities Guarantee Agreement (American Heritage Life Investment Corp)
Event of Default; Notice. (a) The Trust Preferred Guarantee Trustee shall, within 90 60 days after the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the Holders of the Preferred SecuritiesHolders, notices of all Events of Default actually known to a Responsible Officer of the Trust Preferred Guarantee TrusteeTrustee as being an Event of Default hereunder, unless such defaults Events of Default have been cured before the giving of such notice, ; provided, that, that the Trust Preferred Guarantee Trustee shall be protected in withholding such notice if and so long as a Responsible Officer of the Trust Preferred Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders of the Preferred SecuritiesHolders.
Appears in 1 contract
Samples: Trust Preferred Securities Guarantee Agreement (PNC Financial Services 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 of the Preferred Securities, notices of all Events of Default actually known to a Responsible Officer of the Preferred Guarantee Trustee, unless such defaults have been cured before the giving of such notice, notice provided, that, the Preferred Guarantee Trustee shall be protected in withholding such notice if and so long as a Responsible Officer of the Preferred Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders of the Preferred Securities.
Appears in 1 contract
Samples: Preferred Securities Guarantee Agreement (Pikeville National Corp)
Event of Default; Notice. (a) The Preferred Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the Holders of the Preferred Securities, notices of all Events of Default actually known to a Responsible Officer of 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 a Responsible Officer of the Preferred Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders of the Preferred Securities.
Appears in 1 contract
Samples: Preferred Securities Guarantee Agreement (Yardville Capital Trust)
Event of Default; Notice. (a) The Preferred Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the Holders of the Preferred Securities, notices of all Events of Default actually known to a Responsible Officer of the Preferred Guarantee Trustee, unless such defaults have been cured before the giving of such notice, provided, that, ; provided that the Preferred Guarantee Trustee shall be protected in withholding such notice if and so long as a Responsible Officer officer of the Preferred Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders of the Preferred Securities.
Appears in 1 contract
Samples: Preferred Securities Guarantee Agreement (Walbro Capital Trust)
Event of Default; Notice. (a) The Preferred Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the Holders of the Preferred Securities, notices of all Events of Default actually known to a Responsible Officer of the Preferred Guarantee Trustee, unless such defaults have been cured before the giving of such notice, ; provided, thathowever, that the Preferred Guarantee Trustee shall be protected in withholding such notice if and so long as a Responsible Officer of the Preferred Guarantee Trustee in good faith determines that the withholding of such notice is in the interests interest of the Holders of the Preferred Securities.
Appears in 1 contract
Samples: Preferred Securities Guarantee Agreement (Southside Capital Trust I)
Event of Default; Notice. (a) The Preferred Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the Holders of the Preferred Securities, notices of all Events of Default actually known to a Responsible Officer of the Preferred Guarantee Trustee, unless such defaults have been cured before the giving of such notice, provided, that, that 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 Officer Officers of the Preferred Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders of the Preferred Securities.
Appears in 1 contract
Samples: Preferred Securities Guarantee Agreement (Fleetwood Enterprises Inc/De/)
Event of Default; Notice. (a) The Preferred Guarantee Trustee shall, within 90 days after the occurrence of an Event of DefaultDefault actually known to a Responsible Officer of the Preferred Guarantee Trustee, transmit by mail, first class postage prepaid, to the Holders of the Preferred SecuritiesHolders, notices of all such Events of Default actually known to a Responsible Officer of the Preferred Guarantee TrusteeDefault, unless such defaults have been cured before the giving of such notice, provided, that, the Preferred Guarantee Trustee shall be protected in withholding such notice notice, to the extent permitted by the Trust Indenture Act, if and so long as a Responsible Officer of the Preferred Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders of the Preferred SecuritiesHolders.
Appears in 1 contract
Samples: Preferred Securities Guarantee Agreement (Laclede Capital Trust I)
Event of Default; Notice. (a) The Preferred Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the Holders of the Preferred Securities, notices of all Events of Default actually known to a Responsible Officer of the Preferred Guarantee Trustee, unless such defaults have been cured before the giving of such notice, provided, that, ; PROVIDED that the Preferred Guarantee Trustee shall be protected in withholding such notice if and so long as a Responsible Officer of the Preferred Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders of the Preferred Securities.
Appears in 1 contract
Samples: Preferred Securities Guarantee Agreement (Viatel Inc)
Event of Default; Notice. (a) The Preferred Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the Holders of the Preferred Securities, notices of all Events of Default actually known to a Responsible Officer of the Preferred Guarantee Trustee, unless such defaults have been cured before the giving of such notice, provided, that, 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 Officer Officers, of the Preferred Guarantee Trustee in good faith determines determine that the withholding of such notice is in the interests of the Holders of the Preferred Securities.
Appears in 1 contract
Samples: Preferred Securities Guarantee Agreement (Us West Inc)
Event of Default; Notice. (a) The Preferred Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the Holders of the Preferred Securities, notices of all Events of Default actually known to a Responsible Officer of which the Preferred Guarantee TrusteeTrustee is deemed to have knowledge (as defined in Section 2.7(b)), unless such defaults have been cured before the giving of such notice, provided, that, ; provided that the Preferred Guarantee Trustee shall be protected in withholding such notice if and so long as a Responsible Officer of the Preferred Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders of the Preferred Securities.
Appears in 1 contract
Samples: Securities Guarantee Agreement (Frontier Insurance 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 of the Preferred Securities, notices of all Events of Default actually known to a Responsible Officer of the Preferred Guarantee Trustee, unless such defaults have been cured or waived before the giving of such notice, ; provided, that, that the Preferred Guarantee Trustee shall be protected in withholding such notice if and so long as a Responsible Officer of the Preferred Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders of the Preferred Securities.
Appears in 1 contract
Samples: Preferred Securities Guarantee Agreement (Independent Capital Trust)
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 Holders of the Preferred SecuritiesSecuri ties, notices of all such Events of Default actually known to a Responsible Officer of the Preferred Guarantee TrusteeDefault, unless such defaults have been cured before the giving of such notice, provided, that, 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 Officer Officers, of the Preferred Guarantee Trustee in good faith determines determine that the withholding of such notice is in the interests of the Holders of the Preferred Securities.
Appears in 1 contract
Samples: Preferred Securities Guarantee Agreement (Mediaone Group Inc)
Event of Default; Notice. (a) The Preferred Guarantee Trustee shall, within 90 days after a responsible Officer of the Preferred Guarantee Trustee obtains actual knowledge of the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the Holders of the Preferred SecuritiesHolders, notices of all such Events of Default actually known to a such Responsible Officer of the Preferred Guarantee Trustee, unless such defaults have been cured before the giving of such notice, provided, that, the Preferred Guarantee Trustee shall be protected in withholding such notice if and so long as a Responsible Officer of the Preferred Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders of the Preferred SecuritiesHolders.
Appears in 1 contract
Samples: Preferred Securities Guarantee Agreement (Cendant Corp)
Event of Default; Notice. (a) The Preferred Guarantee Trustee shall, shall within 90 days after the occurrence of an Event of Default, Default transmit by mail, first class postage prepaid, to the Holders of the Preferred Securities, notices of all Events of Default actually known to a Responsible Officer of the Preferred Guarantee Trustee, unless such defaults have been cured before the giving of such notice, provided, that, ; PROVIDED that the Preferred Guarantee Trustee shall be protected in withholding such notice if and so long as a Responsible Officer of the Preferred Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders of the Preferred Securities.
Appears in 1 contract
Samples: Preferred Securities Guarantee Agreement (Vanstar Financing Trust)
