Notice to the Holders. Except as herein otherwise expressly provided and subject to Section 10.4, any notice required or permitted to be given to the Holders under the provisions of this Indenture shall also be given, concurrently, to the Holder Committee, and shall be deemed to be validly given if personally delivered or if sent by ordinary post to the Holders at their addresses appearing in one of the registers hereinbefore mentioned. Any notice so sent shall be deemed to have been received on the next Business Day after the date of delivery to such address or, if mailed, on the fifth Business Day following the date on which it was mailed. Accidental error or omission in giving notice or accidental failure to give notice to Holders shall not invalidate any action or proceeding founded thereon. In determining under any provision hereof the date when notice of any meeting or other event must be given, the date of giving notice shall be included and the date of the meeting or other event shall be excluded.
Notice to the Holders. The Company shall notify the holders of the Offered Shares (the “Holders”), in writing (the “Filing Notice”) at least 30 days prior to the intended date of filing of the Registration Statement of its intention to file the Registration Statement. The Holders of the Offered Shares shall provide the Company with all information (as more specifically set forth in Section 7.4 hereof) regarding the Holder necessary for inclusion in the Registration Statement within 10 days following the Filing Notice.
Notice to the Holders. Whenever the Conversion Price is adjusted pursuant to any provision of this Section 7, the Corporation shall promptly deliver to each Holder a notice setting forth the Conversion Price after such adjustment and setting forth a brief statement of the facts requiring such adjustment. If (i) the Corporation shall declare a dividend (or any other distribution in whatever form) on the Common Stock, (ii) the Corporation shall declare a special nonrecurring cash dividend on or a redemption of the Common Stock, (iii) the Corporation shall authorize the granting to all holders of the Common Stock of rights or warrants to subscribe for or purchase any shares of capital stock of any class or of any rights, (iv) the approval of any stockholders of the Corporation shall be required in connection with any reclassification of the Common Stock, any consolidation or merger to which the Corporation is a party, any sale or transfer of all or substantially all of the assets of the Corporation, or any compulsory share exchange whereby the Common Stock is converted into other securities, cash or property or (v) the Corporation shall authorize the voluntary or involuntary dissolution, liquidation or winding up of the affairs of the Corporation, then, in each case, the Corporation shall cause to be filed at each office or agency maintained for the purpose of conversion of the Series A-1 Preferred Stock, and shall cause to be delivered to each Holder at its last address as it shall appear upon the stock books of the Corporation, at least twenty (20) calendar days prior to the applicable record or effective date hereinafter specified, a notice stating (A) the date on which a record is to be taken for the purpose of such dividend, distribution, redemption, rights or warrants, or if a record is not to be taken, the date as of which the holders of the Common Stock of record to be entitled to such dividend, distributions, redemption, rights or warrants are to be determined or (B) the date on which such reclassification, consolidation, merger, sale, transfer or share exchange is expected to become effective or close, and the date as of which it is expected that holders of the Common Stock of record shall be entitled to exchange their shares of the Common Stock for securities, cash or other property deliverable upon such reclassification, consolidation, merger, sale, transfer or share exchange, provided that the failure to deliver such notice or any defect therein or in the delivery ther...
Notice to the Holders. Whenever the Conversion Price is adjusted pursuant to any provision of this Section 7, the Corporation shall promptly deliver to each Holder by facsimile or email a notice setting forth the Conversion Price after such adjustment and setting forth a brief statement of the facts requiring such adjustment.
Notice to the Holders. The Company shall give prompt written notice to the holder of any fact known to the Company which would prohibit the making of any payment of monies in respect of this Note pursuant to the provisions of this Article 6, but failure to give such notice shall not affect the subordination of the Securities to the Senior Indebtedness as provided in this Article 6.
Notice to the Holders. If and whenever the Company shall become aware of the existence of any Event which constitutes, or which after giving of notice or passage of time or both would constitute, an Event of Default, the Company shall forthwith give notice to each Holder of such condition or event and what action the Company has taken, is taking or proposes to take with respect thereto. If any creditor of the Company shall take any action, of which the Company shall have actual knowledge, in respect of any Event which constitutes, or which after giving notice or passage of time or both would constitute, an Event of Default, then and in any such event, and whether or not the Company shall have given a notice under the first sentence of this Section with respect to the condition or event to which such demand or action shall relate, the Company shall forthwith give to each Holder written notice, specifying such action and the nature of such alleged default or Event of Default and what actions the Company has taken, is taking or proposes to take with respect thereto.
Notice to the Holders. (a) Except as otherwise provided in this Indenture, any notice to the Holders under the provisions of this Indenture shall be deemed to be validly given if the notice is sent by prepaid mail or, if delivered by hand, to the Holders at their addresses appearing in the register of Holders. Any notice so delivered shall be deemed to have been received on the date of delivery if that date is a Business Day or the Business Day following the date of delivery if such date is not a Business Day or on the fifth (5th) Business Day if delivered by mail. Accidental error or omission in giving notice or accidental failure to mail notice to any Holder will not invalidate any action or proceeding founded thereon.
Notice to the Holders. The Issuer promptly shall advise the Trustee, the Collateral Agent and the Holders in writing of (a) any and all enforcement, clean up, removal, mitigation or other governmental or regulatory actions instituted or threatened in writing pursuant to any Environmental Laws affecting the Trust Estate; (b) all claims made or threatened in writing by any third party against the Holders, the Issuer or the Trust Estate relating to damage, contribution, cost recovery, compensation, loss or injury resulting from any Hazardous Substance (the matters set forth in clauses (a) and (b) above are hereinafter referred to as "Hazardous Materials Claims"); (c) the Issuer's discovery of any occurrence or condition on any real property adjoining or in the vicinity of the Trust Estate that could cause the Trust Estate or any part thereof to be classified as "border-zone property" under the provisions of California Health and Safety Code Section 25220, ET SEQ., or any regulation adopted in accordance therewith or which may support a similar claim or cause of action under the Environmental Laws; and (d) the Issuer's discovery of any occurrence or condition on the Trust Estate or any real property adjoining or in the vicinity of the Trust Estate which could subject the Issuer or the Trust Estate to any restrictions on ownership, occupancy, transferability or use of the Trust Estate under any Environmental Laws. The Holders shall have the right to join and participate in, as a party if it so elects, any settlements, remedial actions, legal proceedings or actions initiated in connection with any Hazardous Materials Claims and to have its reasonable attorneys' fees in connection therewith paid by the Issuer.
Notice to the Holders. Any notice to the Holders under the provisions of this Indenture shall be valid and effective if delivered or sent by ordinary post or sent by telegram, telex or telecopier addressed to such Holder at their address appearing on the applicable register and shall be deemed to have been effectively given on the date of delivery if delivered, on the fifth Business Day following the date of the postmark on such notice, if mailed, or the date of sending by telegram, telex or telecopier, with a copy to: Yorkton Securities Inc. 11th Floor 0000 Xxxxxxxx Xxxxxx Xxxxxxxxx, XX X0X 0X0 Xxxention: Verlee Webb Xxxxcopier No.: (604) 640-0000 Xxx xxxx notice of communication given with respect to an instrument which is registered in more than one name may be given to any of the people named on the register and such notice of communication shall be sufficient to all such holders. Accidental error or omission in giving notice to any one or more holders shall not invalidate any action or proceeding founded thereon. If, by reason of a strike, lockout or other work stoppage, actual or threatened, involving postal employees, any notice to be given to the Holders hereunder could reasonably be considered unlikely to reach its destination, such notice shall be valid and effective only if it is delivered personally to such Holders or if delivered to the address for such Holders contained in the register maintained by the Trustee, by telecopy or other means of prepaid transmitted and recorded communication.
Notice to the Holders. Whenever the Conversion Amount is adjusted pursuant to any provision of this Section 7, the Corporation shall promptly deliver to each Holder a notice setting forth the Conversion Amount after such adjustment and setting forth a brief statement of the facts requiring such adjustment.
