Common use of Notices and Demands Clause in Contracts

Notices and Demands. on Issuer, Guarantor, Trustee and Securityholders. Any notice or demand which by any provision of this Indenture is required or permitted to be given or served by the Trustee or by the Holders of Securities to or on the Issuer may be given or served by being deposited postage prepaid, first-class mail, in a post office letter box (except as otherwise specifically provided herein) addressed (until another address of the Issuer is furnished by the Issuer to the Trustee) to Newmont Mining Corporation, 1700 Lincoln Street, Dxxxxx, Xxxxxxxx 00000, Xxxxxxxxx: Xxxxxxxxx. Any notice or demand which by any provision of this Indenture is required or permitted to be given or served by the Trustee or by the Holders of Securities to or on the Guarantor may be given or served by being deposited postage prepaid, first-class mail, in a post office letter box (except as otherwise specifically provided herein) addressed (until another address of the Guarantor is furnished by the Guarantor to the Trustee) to Newmont USA Limited, 1700 Lincoln Street, Xxxxxx, Xxxxxxxx 00000, Xxxxxxxxx: Xxxxxxxxr. Any notice, direction, request or demand by the Issuer, the Guarantor or any Securityholder to or upon the Trustee shall be deemed to have been sufficiently given or made, for all purposes, if given or made in writing and received at its Corporate Trust Office. Where this Indenture provides for notice to Securityholders, such notice shall be sufficiently given (unless otherwise herein expressly provided) if in writing and mailed, first-class postage prepaid, to each Securityholder entitled thereto, at his last address as it appears in the Register. In any case where notice to Securityholders is given by mail, neither the failure to mail such notice, nor any defect in any notice so mailed, to any particular Securityholder shall affect the sufficiency of such notice with respect to other Securityholders. Where this Indenture provides for notice in any manner, such notice may be waived in writing by the Person entitled to receive such notice, either before or after the event, and such waiver shall be the equivalent of such notice. Waivers of notice by Securityholders shall be filed with the Trustee, but such filing shall not be a condition precedent to the validity of any action taken in reliance upon such waiver. Notwithstanding anything to the contrary elsewhere in this Indenture as to the giving of notice, any other form of written notice is sufficient, if received. In case, by reason of the suspension of or irregularities in regular mail service, it shall be impracticable to mail notice to the Issuer, the Guarantor or Securityholders when such notice is required to be given pursuant to any provision of this Indenture, then notwithstanding anything to the contrary elsewhere in this Indenture as to the giving of notice, any manner of giving such notice as shall be satisfactory to the Trustee shall be deemed to be a sufficient giving of such notice.

Appears in 2 contracts

Samples: Article Nine Satisfaction And (Newmont Mining Corp /De/), Newmont Mining Corp /De/

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Notices and Demands. on Issuer, Guarantor, Trustee and SecurityholdersHolders of Securities and Coupons. Any notice or demand which by any provision of this Indenture is required or permitted to be given or served by the Trustee or by the Holders of Securities or Coupons to or on the Issuer may be given or served by being deposited postage prepaid, first-class mail, in a post office letter box mail (except as otherwise specifically provided herein) addressed (until another address of the Issuer is furnished filed by the Issuer to with the Trustee) to Newmont Mining CorporationNew Tenneco Inc., 1700 Lincoln Street0000 Xxxx Xxxxxx, DxxxxxXxxxxxxxx, Xxxxxxxx Xxxxxxxxxxx 00000, XxxxxxxxxAttention: Xxxxxxxxx. Any notice or demand which by any provision of this Indenture is required or permitted to be given or served by the Trustee or by the Holders of Securities to or on the Guarantor may be given or served by being deposited postage prepaid, first-class mail, in a post office letter box (except as otherwise specifically provided herein) addressed (until another address of the Guarantor is furnished by the Guarantor to the Trustee) to Newmont USA Limited, 1700 Lincoln Street, Xxxxxx, Xxxxxxxx 00000, Xxxxxxxxx: XxxxxxxxrChief Financial Officer. Any notice, direction, request or demand by the Issuer, the Guarantor Issuer or any Securityholder Holder of Securities or Coupons to or upon the Trustee shall be deemed to have been sufficiently given or madeserved by being deposited postage prepaid, for all purposesfirst-class mail (except as otherwise specif- ically provided herein) addressed (until another address of the Trustee is filed by the Trustee with the Issuer) to 000 Xxxx 00xx Xxxxxx, if given or made in writing and received at its Corporate 00xx Xxxxx, Xxx Xxxx, Xxx Xxxx 00000-0000, Attention: Global Trust OfficeServices. Where this Indenture provides for notice to SecurityholdersHolders of Registered Securities, such notice shall be sufficiently given (unless otherwise herein expressly provided) if in writing and mailed, first-class postage prepaid, to each Securityholder Holder entitled thereto, at his last address as it appears in the RegisterSecurity register. In any case where notice to Securityholders such Holders is given by mail, neither the failure to mail such notice, nor any defect in any notice so mailed, to any particular Securityholder Holder shall affect the sufficiency of such notice with respect to other SecurityholdersHolders. Where this Indenture provides for notice in any manner, such notice may be waived in writing by the Person person entitled to receive such notice, either before or after the event, and such waiver shall be the equivalent of such notice. Waivers of notice by Securityholders Holders shall be filed with the Trustee, but such filing shall not be a condition precedent to the validity of any action taken in reliance upon such waiver. Notwithstanding anything to the contrary elsewhere in this Indenture as to the giving of notice, any other form of written notice is sufficient, if received. In case, by reason of the suspension of or irregularities in regular mail service, it shall be impracticable to mail notice to the Issuer, the Guarantor or Securityholders when such notice is required to be given pursuant to any provision of this Indenture, then notwithstanding anything to the contrary elsewhere in this Indenture as to the giving of notice, any manner of giving such notice as shall be satisfactory to the Trustee shall be deemed to be a sufficient giving of such notice.68

Appears in 2 contracts

Samples: Indenture (New Tenneco Inc), New Tenneco Inc

Notices and Demands. on Issuer, Guarantor, Trustee and ----------------------------------------------------- Securityholders. Any notice or demand which by any provision of this Indenture --------------- is required or permitted to be given or served by the Trustee or by the Holders of Securities to or on the Issuer may be given or served by being deposited postage prepaid, first-class mail, in a post office letter box (except as otherwise specifically provided herein) addressed (until another address of the Issuer is furnished by the Issuer to the Trustee) to Newmont Mining Corporation, 1700 Lincoln Street0000 Xxxxxxx Xxxxxx, DxxxxxXxxxxx, Xxxxxxxx 00000, XxxxxxxxxAttention: XxxxxxxxxTreasurer. Any notice or demand which by any provision of this Indenture is required or permitted to be given or served by the Trustee or by the Holders of Securities to or on the Guarantor may be given or served by being deposited postage prepaid, first-class mail, in a post office letter box (except as otherwise specifically provided herein) addressed (until another address of the Guarantor is furnished by the Guarantor to the Trustee) to Newmont USA LimitedGold Company, 1700 Lincoln Street0000 Xxxxxxx Xxxxxx, Xxxxxx, Xxxxxxxx 00000, XxxxxxxxxAttention: XxxxxxxxrTreasurer. Any notice, direction, request or demand by the Issuer, the Guarantor or any Securityholder to or upon the Trustee shall be deemed to have been sufficiently given or made, for all purposes, if given or made in writing and received at its Corporate Trust Office. Where this Indenture provides for notice to Securityholders, such notice shall be sufficiently given (unless otherwise herein expressly provided) if in writing and mailed, first-class postage prepaid, to each Securityholder entitled thereto, at his last address as it appears in the Register. In any case where notice to Securityholders is given by mail, neither the failure to mail such notice, nor any defect in any notice so mailed, to any particular Securityholder shall affect the sufficiency of such notice with respect to other Securityholders. Where this Indenture provides for notice in any manner, such notice may be waived in writing by the Person entitled to receive such notice, either before or after the event, and such waiver shall be the equivalent of such notice. Waivers of notice by Securityholders shall be filed with the Trustee, but such filing shall not be a condition precedent to the validity of any action taken in reliance upon such waiver. Notwithstanding anything to the contrary elsewhere in this Indenture as to the giving of notice, any other form of written notice is sufficient, if received. In case, by reason of the suspension of or irregularities in regular mail service, it shall be impracticable to mail notice to the Issuer, the Guarantor or Securityholders when such notice is required to be given pursuant to any provision of this Indenture, then notwithstanding anything to the contrary elsewhere in this Indenture as to the giving of notice, any manner of giving such notice as shall be satisfactory to the Trustee shall be deemed to be a sufficient giving of such notice.

Appears in 2 contracts

Samples: Newmont Gold Co, Newmont Gold Co

Notices and Demands. on Issuer, Guarantor, Trustee and SecurityholdersHolders of Securities. Any notice or demand which by any provision of this Indenture is required or permitted to be given or served by the Trustee or by the Holders of Securities to or on the Issuer or the Guarantor, or as required pursuant to the Trust Indenture Act of 1939, may be given or served by being deposited postage prepaid, first-class mailmail (except as otherwise specifically provided herein) addressed, in a post office letter box the case of the Issuer (until another address of the Issuer is filed by the Issuer with the Trustee), to Triton Energy Corporation, 6688 North Central Expressway, Suite 1400, Dallas, Texas 75200-0000, Xxxxxxxxx: Xxxxxxxx xx xxx Xxxxx, xxx xx xxx xxxx xx xxx Xxarantor (until another address of the Guarantor is filed by the Guarantor with the Trustee), to ___________________________________. Any notice, direction, request or demand by the Issuer or the Guarantor or any Holder of Securities to or upon the Trustee shall be deemed to have been sufficiently given or served by being deposited postage prepaid, first-class mail (except as otherwise specifically provided herein) addressed (until another address of the Issuer Trustee is furnished by the Issuer to the Trustee) to Newmont Mining Corporation, 1700 Lincoln Street, Dxxxxx, Xxxxxxxx 00000, Xxxxxxxxx: Xxxxxxxxx. Any notice or demand which by any provision of this Indenture is required or permitted to be given or served filed by the Trustee or by with the Holders of Securities to or on the Guarantor may be given or served by being deposited postage prepaid, first-class mail, in a post office letter box (except as otherwise specifically provided herein) addressed (until another address of the Guarantor is furnished by the Guarantor to the TrusteeIssuer) to Newmont USA LimitedUnited States Trust Company of New York, 1700 Lincoln 114 West 47th Street, XxxxxxNew York, Xxxxxxxx 00000New York 10036, XxxxxxxxxAttention: XxxxxxxxrCoxxxxxxx Xxxxx Xxxxxxxxxx. Any notice, direction, request or demand by the Issuer, the Guarantor or any Securityholder to or upon the Trustee shall be deemed to have been sufficiently given or made, for all purposes, if given or made in writing and received at its Corporate Trust Office. Where this Indenture Xxxxx xxxx Xndenture provides for notice to SecurityholdersHolders of Securities, such notice shall be sufficiently given (unless otherwise herein expressly provided) if in writing and mailed, first-class postage prepaid, to each Securityholder Holder entitled thereto, at his last address as it appears in the Register. In any case where notice to Securityholders is given by mail, neither the failure to mail such notice, nor any defect in any notice so mailed, to any particular Securityholder shall affect the sufficiency of such notice with respect to other SecurityholdersSecurity register. Where this Indenture provides for notice in any manner, such notice may be waived in writing by the Person entitled to receive such notice, either before or after the event, and such waiver shall be the equivalent of such notice. Waivers of notice by Securityholders Holders shall be filed with the Trustee, but such filing shall not be a condition precedent to the validity of any action taken in reliance upon such waiver. Notwithstanding anything to the contrary elsewhere in this Indenture as to the giving of notice, any other form of written notice is sufficient, if received. In case, by reason of the suspension of or irregularities in regular mail service, it shall be impracticable to mail notice to the Issuer, the Guarantor or Securityholders Issuer when such notice is required to be given pursuant to any provision of this Indenture, then notwithstanding anything to the contrary elsewhere in this Indenture as to the giving of notice, any manner of giving such notice as shall be reasonably satisfactory to the Trustee shall be deemed to be a sufficient giving of such notice.

Appears in 1 contract

Samples: Third Supplemental Indenture (Triton Energy Corp)

Notices and Demands. on Issuer, Guarantor, Trustee and Securityholders. Any notice or demand which by any provision of this Indenture is required or permitted to be given or served by the Trustee or by the Holders of Securities to or on the Issuer may be given or served by being deposited postage prepaid, first-class mail, in a post office letter box (except as otherwise specifically provided herein) addressed (until another address of the Issuer is furnished by the Issuer to the Trustee) to Newmont Mining Corporation, 1700 Lincoln Street, DxxxxxDenver, Xxxxxxxx 00000Colorado 80203, XxxxxxxxxAttention: XxxxxxxxxTreasurer. Any notice or demand which by any provision Axx xxxxxx xx xxxxxx xxxxx xx xxx xxxxxxxxx of this Indenture is required or permitted to be given or served by the Trustee or by the Holders of Securities to or on the Guarantor may be given or served by being deposited postage prepaid, first-class mail, in a post office letter box (except as otherwise specifically provided herein) addressed (until another address of the Guarantor is furnished by the Guarantor to the Trustee) to Newmont USA Limited, 1700 Lincoln Street, XxxxxxDenver, Xxxxxxxx 00000Colorado 80203, XxxxxxxxxAttention: XxxxxxxxrTreasurer. Any noticeXxx xxxxxx, directionxxxxxxxxx, request or demand by xxxxxxx xx xxxxxx xy the Issuer, the Guarantor or any Securityholder to or upon the Trustee shall be deemed to have been sufficiently given or made, for all purposes, if given or made in writing and received at its Corporate Trust Office. Where this Indenture provides for notice to Securityholders, such notice shall be sufficiently given (unless otherwise herein expressly provided) if in writing and mailed, first-class postage prepaid, to each Securityholder entitled thereto, at his last address as it appears in the Register. In any case where notice to Securityholders is given by mail, neither the failure to mail such notice, nor any defect in any notice so mailed, to any particular Securityholder shall affect the sufficiency of such notice with respect to other Securityholders. Where this Indenture provides for notice in any manner, such notice may be waived in writing by the Person entitled to receive such notice, either before or after the event, and such waiver shall be the equivalent of such notice. Waivers of notice by Securityholders shall be filed with the Trustee, but such filing shall not be a condition precedent to the validity of any action taken in reliance upon such waiver. Notwithstanding anything to the contrary elsewhere in this Indenture as to the giving of notice, any other form of written notice is sufficient, if received. In case, by reason of the suspension of or irregularities in regular mail service, it shall be impracticable to mail notice to the Issuer, the Guarantor or Securityholders when such notice is required to be given pursuant to any provision of this Indenture, then notwithstanding anything to the contrary elsewhere in this Indenture as to the giving of notice, any manner of giving such notice as shall be satisfactory to the Trustee shall be deemed to be a sufficient giving of such notice.

Appears in 1 contract

Samples: Newmont (Newmont Usa LTD)

Notices and Demands. on Issuer, Guarantor, Trustee and SecurityholdersHolders of Securities and Coupons. Any notice or demand which by any provision of this Indenture is required or permitted to be given or served by the Trustee or by the Holders of Securities or Coupons to or on the Issuer may be given or served by being deposited postage prepaid, first-class mail, in a post office letter box mail (except as otherwise specifically provided herein) addressed (until another address of the Issuer is furnished filed by the Issuer to with the Trustee) to Newmont Mining CorporationWillxxxx Xxxdings of Delaware, 1700 Lincoln StreetInc., Dxxxxx, One Xxxxxxxx 00000, Xxxxxxxxx: Xxxxxxxxx. Any notice or demand which by any provision of this Indenture is required or permitted to be given or served by the Trustee or by the Holders of Securities to or on the Guarantor may be given or served by being deposited postage prepaid, first-class mail, in a post office letter box (except as otherwise specifically provided herein) addressed (until another address of the Guarantor is furnished by the Guarantor to the Trustee) to Newmont USA Limited, 1700 Lincoln Street, Xxxxxx, Xxxxxxxx 00000Tulsa, XxxxxxxxxOklahoma 74172, Attention: XxxxxxxxrChief Financial Officer, with a copy to its General Counsel at the same address. Any notice, direction, request or demand by the Issuer, the Guarantor Issuer or any Securityholder Holder of Securities or Coupons to or upon the Trustee shall be deemed to have been sufficiently given or madeserved by being deposited postage prepaid, for all purposes, if given or made in writing and received at its Corporate Trust Office. Where this Indenture provides for notice to SecurityholdersHolders of Registered Securities, such notice shall be sufficiently given (unless otherwise herein expressly provided) if in writing and mailed, first-class postage prepaid, to each Securityholder Holder entitled thereto, at his last address as it appears in the RegisterSecurity register. In any case where notice to Securityholders such Holders is given by mail, neither the failure to mail such notice, nor any defect in any notice so mailed, to any particular Securityholder Holder shall affect the sufficiency of such notice with respect to other SecurityholdersHolders. Where this Indenture provides for notice in any manner, such notice may be waived in writing by the Person entitled to receive such notice, either before or after the event, and such waiver shall be the equivalent of such notice. Waivers of notice by Securityholders Holders shall be filed with the Trustee, but such filing shall not be a condition precedent to the validity of any action taken in reliance upon such waiver. Notwithstanding anything to the contrary elsewhere in this Indenture as to the giving of notice, any other form of written notice is sufficient, if received. In case, by reason of the suspension of or irregularities in regular mail service, it shall be impracticable to mail notice to the Issuer, the Guarantor or Securityholders Issuer when such notice is required to be given pursuant to any provision of this Indenture, then notwithstanding anything to the contrary elsewhere in this Indenture as to the giving of notice, any manner of giving such notice as shall be reasonably satisfactory to the Trustee shall be deemed to be a sufficient giving of such notice.

Appears in 1 contract

Samples: Williams Holdings of Delaware Inc

Notices and Demands. on Issuer, Guarantor, Trustee and Securityholders. Any notice or demand which by any provision of this Indenture is required or permitted to be given or served by the Trustee or by the Holders of Subordinated Securities to or on the Issuer may be given or served by being deposited postage prepaid, first-class mail, in a post office letter box (except as otherwise specifically provided herein) addressed (until another address of the Issuer is furnished by the Issuer to the Trustee) to Newmont Mining Corporation, 1700 Lincoln Street, Dxxxxx, Xxxxxxxx 00000, Xxxxxxxxx: Xxxxxxxxx--------------------------------------------------------- and Coupons. Any notice or demand which by any provision of this Indenture is required or permitted to be given or served by the Trustee or by the Holders of Securities to or on the Guarantor may be given or served by being deposited postage prepaid, first-class mail, in a post office letter box (except as otherwise specifically provided herein) addressed (until another address of the Guarantor is furnished by the Guarantor to the Trustee) to Newmont USA Limited, 1700 Lincoln Street, Xxxxxx, Xxxxxxxx 00000, Xxxxxxxxx: Xxxxxxxxr. Any notice, direction, request or demand by the Issuer, the Guarantor or any Securityholder to or upon the Trustee shall be deemed to have been sufficiently given or made, for all purposes, if given or made in writing and received at its Corporate Trust Office. ----------- Where this Subordinated Indenture provides for notice to SecurityholdersHolders of Registered Subordinated Securities, such notice shall be sufficiently given (unless otherwise herein expressly provided) if in writing and mailed, first-first- class mail, postage prepaid, to each Securityholder Holder entitled thereto, at his its last address as it appears in the Register. Where this Subordinated Indenture provides for notice to Holders of Unregistered Subordinated Securities, such notice shall be sufficiently given (unless otherwise expressly provided herein) (i) by publication of such notice at least once in an Authorized Newspaper in the Borough of Manhattan, The City of New York, and at least once in an Authorized Newspaper in London (and if required by Section 4.09, once in an Authorized Newspaper in Luxembourg), and (ii) by mailing such notice to the Holders of Unregistered Subordinated Securities who have filed their names and addresses with the Trustee pursuant to Section 313(c)(2) of the Trust Indenture Act at such addresses as were so furnished to the Trustee. In any case where notice to Securityholders such Holders is given by mail, neither the failure to mail such notice, nor any defect in any notice so mailed, to any particular Securityholder Holder shall affect the sufficiency of such notice with respect to other SecurityholdersHolders. Where this Subordinated Indenture provides for notice in any manner, such notice may be waived in writing by the Person entitled to receive such notice, either before or after the event, and such waiver shall be the equivalent of such notice. Waivers of notice by Securityholders Holders shall be filed with the Trustee, but such filing shall not be a condition precedent to the validity of any action taken in reliance upon such waiver. Notwithstanding anything to the contrary elsewhere in this Indenture as to the giving of notice, any other form of written notice is sufficient, if received. In case, by reason of the suspension of or irregularities in regular mail service, it shall be impracticable to mail notice to the Issuer, the Guarantor or Securityholders Holders when such notice is required to be the given pursuant to any provision of this Subordinated Indenture, then notwithstanding anything to the contrary elsewhere in this Indenture as to the giving of notice, any manner of giving such notice as shall be reasonably satisfactory to the Trustee shall be deemed to be a sufficient giving of such notice.

Appears in 1 contract

Samples: Subordinated Indenture (Exodus Communications Inc)

Notices and Demands. on Issuer, Guarantor, Trustee and Securityholders. Any notice or demand which by any provision of this Indenture is required or permitted to be given or served by the Trustee or by the Holders of Securities to or on the Issuer may be given or served by being deposited postage prepaid, first-class mail, in a post office letter box (except as otherwise specifically provided herein) addressed (until another address of the Issuer is furnished by the Issuer to the Trustee) to Newmont Mining CorporationAhold Finance U.S.A., 1700 Lincoln StreetInc., DxxxxxOne Atlanta Plaza, Xxxxxxxx 000 Xxxx Xxxxx Xxxxx Xxxx, Xxxxx 0000, Xxxxxxx, Xxxxxxx 00000, XxxxxxxxxU.S.A., Attention: XxxxxxxxxChief Financial Officer. Any notice or demand which by any provision of this Indenture is required or permitted to be given or served by the Trustee or by the Holders of Securities to or on the Guarantor may be given or served by being deposited postage prepaid, first-class mail, in a post office letter box (except as otherwise specifically provided herein) addressed (until another address of the Guarantor is furnished by the Guarantor to the Trustee) to Newmont USA Limitedto, 1700 Lincoln StreetXxxxxx Xxxxxxxx 0, Xxxxxx0000 XX Xxxxxxx, Xxxxxxxx 00000Xxx Xxxxxxxxxxx, XxxxxxxxxAttention: XxxxxxxxrTreasurer. Any notice, direction, request or demand by the Issuer, the Guarantor or any Securityholder to or upon the Trustee shall be deemed to have been sufficiently given or made, for all purposes, if given or made in writing and received at its Corporate Trust Office. Where this Indenture provides for notice to Securityholders, such notice shall be sufficiently given (unless otherwise herein expressly provided) if in writing and mailed, first-class postage prepaid, to each Securityholder entitled thereto, at his last address as it appears in the Register. In any case where notice to Securityholders is given by mail, neither the failure to mail such notice, nor any defect in any notice so mailed, to any particular Securityholder shall affect the sufficiency of such notice with respect to other Securityholders. Where this Indenture provides for notice in any manner, such notice may be waived in writing by the Person person entitled to receive such notice, either before or after the event, and such waiver shall be the equivalent of such notice. Waivers of notice by Securityholders shall be filed with the Trustee, but such filing shall not be a condition precedent to the validity of any action taken in reliance upon such waiver. Notwithstanding anything to the contrary elsewhere in this Indenture as to the giving of notice, any other form of written notice is sufficient, if received. In case, by reason of the suspension of or irregularities in regular mail service, it shall be impracticable to mail notice to the Issuer, the Guarantor or Securityholders when such notice is required to be given pursuant to any provision of this Indenture, then notwithstanding anything to the contrary elsewhere in this Indenture as to the giving of notice, any manner of giving such notice as shall be satisfactory to the Trustee shall be deemed to be a sufficient giving of such notice.

Appears in 1 contract

Samples: Ahold Finance Usa Inc

Notices and Demands. on Issuer, Guarantor, Trustee and SecurityholdersHolders of Securities and Coupons. Any notice or demand which that by any provision of this Indenture is required or permitted to be given or served by the Trustee or by the Holders of Securities or Coupons to or on the Issuer may be given or served by being deposited postage prepaid, first-class mail, in a post office letter box mail (except as otherwise specifically provided herein) addressed (until another address of the Issuer is furnished filed by the Issuer to with the Trustee) to Newmont Mining CorporationSunAmerica Inc., 1700 Lincoln Street00000 Xxxxxxxx Xxxxxxxxx, DxxxxxXxx Xxxxxxx, Xxxxxxxx Xxxxxxxxxx 00000-0000, XxxxxxxxxAttention: XxxxxxxxxSecretary. Any notice notice, direction, request or demand which by any provision of this Indenture is required or permitted to be given or served by the Trustee Issuer or by the Holders any Holder of Securities or Coupons to or on upon the Guarantor may Trustee shall be deemed to have been sufficiently given or served by being deposited postage prepaid, first-class mail, in a post office letter box mail (except as otherwise specifically provided herein) addressed (until another address of the Guarantor Trustee is furnished filed by the Guarantor to Trustee with the TrusteeIssuer) to Newmont USA LimitedTHE BANK OF NEW YORK, 1700 Lincoln StreetXxx Xxxxx Xxxxxxxx Xxxxx, XxxxxxXxxxxxx, Xxxxxxxx 00000-0000, XxxxxxxxxAttention: Xxxxxxxxr. Any notice, direction, request or demand by the Issuer, the Guarantor or any Securityholder to or upon the Trustee shall be deemed to have been sufficiently given or made, for all purposes, if given or made in writing and received at its Corporate Trust OfficeServices Division. Where this Indenture provides for notice to SecurityholdersHolders of Registered Securities, such notice shall be sufficiently given (unless otherwise herein expressly provided) if in writing and mailed, first-class postage prepaid, to each Securityholder Holder entitled thereto, at his last address as it appears in the RegisterSecurity register. In any case where notice to Securityholders such Holders is given by mail, neither the failure to mail such notice, nor any defect in any notice so mailed, to any particular Securityholder Holder shall affect the sufficiency of such notice with respect to other SecurityholdersHolders. Where this Indenture provides for notice in any manner, such notice may be waived in writing by the Person person entitled to receive such notice, either before or after the event, and such waiver shall be the equivalent of such notice. Waivers of notice by Securityholders Holders shall be filed with the Trustee, but such filing shall not be a condition precedent to the validity of any action taken in reliance upon such waiver. Notwithstanding anything to the contrary elsewhere in this Indenture as to the giving of notice, any other form of written notice is sufficient, if received. In case, by reason of the suspension of or irregularities in regular mail service, it shall be impracticable to mail notice to the Issuer, the Guarantor or Securityholders Issuer when such notice is required to be given pursuant to any provision of this Indenture, then notwithstanding anything to the contrary elsewhere in this Indenture as to the giving of notice, any manner of giving such notice as shall be reasonably satisfactory to the Trustee shall be deemed to be a sufficient giving of such notice.

Appears in 1 contract

Samples: Sunamerica Capital Trust Vi

Notices and Demands. on Issuer, Guarantor, Trustee and SecurityholdersHolders of Securities and Coupons. Any notice or demand which by any provision of this Indenture is required or permitted to be given or served by the Trustee or by the Holders of Securities or Coupons to or on the Issuer may be given or served by being deposited postage prepaid, first-class mail, in a post office letter box mail (except as otherwise specifically provided herein) herein addressed (until another address of the Issuer is furnished filed by the Issuer to the Trustee) to Newmont Mining Corporation, 1700 Lincoln Street, Dxxxxx, Xxxxxxxx 00000, Xxxxxxxxx: Xxxxxxxxx. Any notice or demand which by any provision of this Indenture is required or permitted to be given or served by with the Trustee or by the Holders of Securities to or on the Guarantor may be given or served by being deposited postage prepaidTENNECO PACKAGING INC., first-class mail1900 Xxxx Xxxxx Xxxxx, in a post office letter box (except as otherwise specifically provided herein) addressed (until another address of the Guarantor is furnished by the Guarantor to the Trustee) to Newmont USA Limited, 1700 Lincoln Street, Xxxx Xxxxxx, Xxxxxxxx 00000, XxxxxxxxxXxtention: XxxxxxxxrChief Financial Officer. Any notice, direction, request or demand by the Issuer, the Guarantor Issuer or any Securityholder Holder of Securities or Coupons to or upon the Trustee shall be deemed to have been sufficiently given or madeserved by being deposited postage prepaid, for all purposesfirst-class mail (except as otherwise specifically provided herein addressed (until another address of the Trustee is filed by the Trustee with the Issuer to 450 Xxxx 00xx Xxxxxx, if given or made in writing and received at its Corporate 00xx Xxxxx, Xxx Xxxx, Xxx Xxxx 00000-0000, Xxtention: Global Trust OfficeServices. Where this Indenture provides for notice to SecurityholdersHolders of Registered Securities, such notice shall be sufficiently given (unless otherwise herein expressly provided) provided if in writing and mailed, first-class postage prepaid, to each Securityholder Holder entitled thereto, at his last address as it appears in the RegisterSecurity register. In any case where notice to Securityholders such Holders is given by mail, neither the failure to mail such notice, nor any defect in any notice so mailed, to any particular Securityholder Holder shall affect the sufficiency of such notice with respect to other SecurityholdersHolders. Where this Indenture provides for notice in any manner, such notice may be waived in writing by the Person person entitled to receive such notice, either before or after the event, and such waiver shall be the equivalent of such notice. Waivers of notice by Securityholders Holders shall be filed with the Trustee, but such filing shall not be a condition precedent to the validity of any action taken in reliance upon such waiver. Notwithstanding anything to the contrary elsewhere in this Indenture as to the giving of notice, any other form of written notice is sufficient, if received. In case, by reason of the suspension of or irregularities in regular mail service, it shall be impracticable to mail notice to the Issuer, the Guarantor or Securityholders Issuer when such notice is required to be given pursuant to any provision of this Indenture, then notwithstanding anything to the contrary elsewhere in this Indenture as to the giving of notice, any manner of giving such notice as shall be reasonably satisfactory to the Trustee shall be deemed to be a sufficient giving of such notice.

Appears in 1 contract

Samples: Indenture (Tenneco Packaging Inc)

Notices and Demands. on Issuer, Guarantor, All notices to or demands upon the Trustee shall be in writing and Securityholdersmay be served or presented at the principal office of the Trustee. Any notice to or demand which by any provision of this Indenture is required or permitted to be given or served by the Trustee or by the Holders of Securities to or on the Issuer may be given or served by being deposited postage prepaid, first-class mail, in a post office letter box (except as otherwise specifically provided herein) addressed (until another address of the Issuer is furnished by the Issuer to the Trustee) to Newmont Mining Corporation, 1700 Lincoln Street, Dxxxxx, Xxxxxxxx 00000, Xxxxxxxxx: Xxxxxxxxx. Any notice or demand which by any provision of this Indenture is required or permitted to be given or served by the Trustee or by the Holders of Securities to or on the Guarantor may be given or served by being deposited postage prepaid, first-class mail, in a post office letter box (except as otherwise specifically provided herein) addressed (until another address of the Guarantor is furnished by the Guarantor to the Trustee) to Newmont USA Limited, 1700 Lincoln Street, Xxxxxx, Xxxxxxxx 00000, Xxxxxxxxx: Xxxxxxxxr. Any notice, direction, request or demand by the Issuer, the Guarantor or any Securityholder to or upon the Trustee Company shall be deemed to have been sufficiently given or madeserved by the Trustee or the Holders of Debt Securities, for all purposes, if given by being mailed by first class mail (registered or made certified, return receipt requested), by facsimile transmission or delivered by overnight air courier guaranteeing next day delivery, addressed to the Company, attention of the General Counsel, 00000 Xxxxxx Xxxxxx, Xxxxxxxxx, Xxxx 00000, Facsimile No.: (000) 000-0000, with a copy to Xxxxx Day, Attention: Xxxxxxxxxxx X. Xxxxx, Esq., North Point, 18 000 Xxxxxxxx Xxxxxx, Xxxxxxxxx, Xxxx 00000, Facsimile No.: (000) 000-0000, or at such other address or to such other counsel, as may be filed in writing and received at its Corporate Trust Officeby the Company with the Trustee. Where Except as otherwise expressly provided herein, where this Indenture provides for notice to SecurityholdersHolders of Debt Securities of any event, such notice shall be sufficiently given (unless otherwise herein expressly provided) to Holders of Debt Securities if in writing and mailed, first-class postage prepaid, to each Securityholder entitled theretoholder of a Debt Security affected by such event, at his last the address of such holder as it appears in the RegisterDebt Security register, not later than the latest date, and not earlier than the earliest date, prescribed for the giving of such notice. In case by reason of the suspension of regular mail and facsimile service or by reason of any other cause it shall be impracticable to give such notice to Holders of Debt Securities by mail or facsimile, then any manner of giving such notice as shall be acceptable to the Trustee shall constitute a sufficient notification for every purpose hereunder. In any case where notice to Securityholders Holders of Debt Securities is given by mail, neither the failure to mail such notice, nor any defect in any notice so mailed, to any particular Securityholder Holder of a Debt Security shall affect the sufficiency of such notice with respect to other Securityholders. Where this Indenture provides for notice in any manner, such notice may be waived in writing by the Person entitled to receive such notice, either before or after the event, and such waiver shall be the equivalent Holders of such notice. Waivers of notice by Securityholders shall be filed with the Trustee, but such filing shall not be a condition precedent to the validity of any action taken in reliance upon such waiver. Notwithstanding anything to the contrary elsewhere in this Indenture as to the giving of notice, any other form of written notice is sufficient, if received. In case, by reason of the suspension of or irregularities in regular mail service, it shall be impracticable to mail notice to the Issuer, the Guarantor or Securityholders when such notice is required to be given pursuant to any provision of this Indenture, then notwithstanding anything to the contrary elsewhere in this Indenture as to the giving of notice, any manner of giving such notice as shall be satisfactory to the Trustee shall be deemed to be a sufficient giving of such noticeDebt Securities.

Appears in 1 contract

Samples: Park Ohio Holdings Corp

Notices and Demands. on Issuer, Guarantor, Trustee and SecurityholdersHolders of Securities and Coupons. Any notice or demand which that by any provision of this Indenture is required or permitted to be given or served by the Trustee or by the Holders of Securities or Coupons to or on the Issuer may be given or served by being deposited postage prepaid, first-class mail, in a post office letter box mail (except as otherwise specifically provided herein) addressed (until another address of the Issuer is furnished filed by the Issuer to with the Trustee) to Newmont Mining CorporationSunAmerica Inc., 1700 Lincoln Street11601 Wilshire Boulevard, DxxxxxLos Angeles, Xxxxxxxx 00000California 90025-1000, Xxxxxxxxx: Xxxxxxxxx. Any notice or Xxx xxxxxx, xxxxxxxxx, xxxxxxx xr demand which by any provision of this Indenture is required or permitted to be given or served by the Trustee Issuer or by the Holders any Holder of Securities or Coupons to or on upon the Guarantor may Trustee shall be deemed to have been sufficiently given or served by being deposited postage prepaid, first-class mail, in a post office letter box mail (except as otherwise specifically provided herein) addressed (until another address of the Guarantor Trustee is furnished filed by the Guarantor to Trustee with the TrusteeIssuer) to Newmont USA LimitedThe Bank of New York, 1700 Lincoln 101 Barclay Street, XxxxxxFloor 21W, Xxxxxxxx 00000New York, XxxxxxxxxNY 10286, Attentxxx: Xxxxxxxxr. Any notice, direction, request or demand by the Issuer, the Guarantor or any Securityholder to or upon the Trustee shall be deemed to have been sufficiently given or made, for all purposes, if given or made in writing and received at its Corporate Trust OfficeXxxxxxxxx Xxxxx Administration. Where this Indenture provides for notice to SecurityholdersHolders of Registered Securities, such notice shall be sufficiently given (unless otherwise herein expressly provided) if in writing and mailed, first-class postage prepaid, to each Securityholder Holder entitled thereto, at his last address as it appears in the RegisterSecurity register. In any case where notice to Securityholders such Holders is given by mail, neither the failure to mail such notice, nor any defect in any notice so mailed, to any particular Securityholder Holder shall affect the sufficiency of such notice with respect to other SecurityholdersHolders. Where this Indenture provides for notice in any manner, such notice may be waived in writing by the Person person entitled to receive such notice, either before or after the event, and such waiver shall be the equivalent of such notice. Waivers of notice by Securityholders Holders shall be filed with the Trustee, but such filing shall not be a condition precedent to the validity of any action taken in reliance upon such waiver. Notwithstanding anything to the contrary elsewhere in this Indenture as to the giving of notice, any other form of written notice is sufficient, if received. In case, by reason of the suspension of or irregularities in regular mail service, it shall be impracticable to mail notice to the Issuer, the Guarantor or Securityholders Issuer when such notice is required to be given pursuant to any provision of this Indenture, then notwithstanding anything to the contrary elsewhere in this Indenture as to the giving of notice, any manner of giving such notice as shall be reasonably satisfactory to the Trustee shall be deemed to be a sufficient giving of such notice.

Appears in 1 contract

Samples: Sunamerica Inc

Notices and Demands. on Issuer, Guarantor, Trustee and SecurityholdersHolders of Securities and Coupons. Any notice or demand which by any provision of this Indenture is required or permitted to be given or served by the Trustee or by the Holders of Securities or Coupons to or on the Issuer may be given or served by being deposited postage prepaid, first-class mail, in a post office letter box (except as otherwise specifically provided herein) addressed (until another address of the Issuer is furnished by the Issuer to the Trustee) to Newmont Mining Corporation, 1700 Lincoln Street, Dxxxxx, Xxxxxxxx 00000, Xxxxxxxxx: Xxxxxxxxx. Any notice or demand which by any provision of this Indenture is required or permitted to be given or served by the Trustee or by the Holders of Securities to or on the Guarantor may be given or served by being deposited postage prepaid, first-class mail, in a post office letter box mail (except as otherwise specifically provided herein) addressed (until another address of the Guarantor is furnished by the Guarantor to filed with the Trustee) as follows: If to Newmont USA Limited, 1700 Lincoln Street, Xxxxxxthe Issuer: LaSalle Funding LLC 000 Xxxxx XxXxxxx Xxxxxx Xxxxxxx, Xxxxxxxx 00000, Xxxxxxxxx00000 Attention: Xxxxxxxxr? If to the Guarantor: ABN AMRO Bank X.X. Xxxxxx Xxxxxxxxxx 00 0000 XX Xxxxxxxxx Xxx Xxxxxxxxxxx Attention: Central Legal Department. Any notice, direction, request or demand by the Issuer, the Guarantor or any Securityholder Holder of Securities or Coupons to or upon the Trustee shall be deemed to have been sufficiently given or madeserved by being deposited postage prepaid, for all purposes, if given or made in writing first-class mail (except as otherwise specifically provided herein) addressed (until another address of the Trustee is filed by the Trustee with the Issuer and received at its Corporate Trust Officethe Guarantor) to ?. Where this Indenture provides for notice to SecurityholdersHolders of Registered Securities, such notice shall be sufficiently given (unless otherwise herein expressly provided) if in writing and mailed, first-class postage prepaid, to each Securityholder Holder entitled thereto, at his last address as it appears in the RegisterSecurity register. In any case where notice to Securityholders such Holders is given by mail, neither the failure to mail such notice, nor any defect in any notice so mailed, to any particular Securityholder Holder shall affect the sufficiency of such notice with respect to other SecurityholdersHolders. Where this Indenture provides for notice in any manner, such notice may be waived in writing by the Person entitled to receive such notice, either before or after the event, and such waiver shall be the equivalent of such notice. Waivers of notice by Securityholders Holders shall be filed with the Trustee, but such filing shall not be a condition precedent to the validity of any action taken in reliance upon such waiver. Notwithstanding anything to the contrary elsewhere in this Indenture as to the giving of notice, any other form of written notice is sufficient, if received. In case, by reason of the suspension of or irregularities in regular mail service, it shall be impracticable to mail notice to the Issuer, Issuer or the Guarantor or Securityholders when such notice is required to be given pursuant to any provision of this Indenture, then notwithstanding anything to the contrary elsewhere in this Indenture as to the giving of notice, any manner of giving such notice as shall be reasonably satisfactory to the Trustee shall be deemed to be a sufficient giving of such notice.

Appears in 1 contract

Samples: Indenture (Abn Amro Bank Nv)

Notices and Demands. on Issuer, Guarantor, Trustee and SecurityholdersHolders of Securities and Coupons. Any notice or demand which by any provision of this Indenture is required or permitted to be given or served by the Trustee or by the Holders of Securities or Coupons to or on the Issuer may be given or served by being deposited postage prepaid, first-class mail, in a post office letter box mail (except as otherwise specifically provided herein) addressed (until another address of the Issuer is furnished filed by the Issuer to with the Trustee) to Newmont Mining CorporationSunAmerica Inc., 1700 Lincoln Street00000 Xxxxxxxx Xxxxxxxxx, DxxxxxXxx Xxxxxxx, Xxxxxxxx Xxxxxxxxxx 00000-0000, XxxxxxxxxAttention: XxxxxxxxxSecretary. Any notice notice, direction, request or demand which by any provision of this Indenture is required or permitted to be given or served by the Trustee Issuer or by the Holders any Holder of Securities or Coupons to or on upon the Guarantor may Trustee shall be deemed to have been sufficiently given or served by being deposited postage prepaid, first-class mail, in a post office letter box mail (except as otherwise specifically provided herein) addressed (until another address of the Guarantor Trustee is furnished filed by the Guarantor to Trustee with the TrusteeIssuer) to Newmont USA LimitedThe First National Bank of Chicago, 1700 Lincoln StreetXxx Xxxxx Xxxxxxxx Xxxxx, XxxxxxXxxxxxx, Xxxxxxxx 00000-0000, XxxxxxxxxAttention: Xxxxxxxxr. Any notice, direction, request or demand by the Issuer, the Guarantor or any Securityholder to or upon the Trustee shall be deemed to have been sufficiently given or made, for all purposes, if given or made in writing and received at its Corporate Trust OfficeServices Division. Where this Indenture provides for notice to SecurityholdersHolders of Registered Securities, such notice shall be sufficiently given (unless otherwise herein expressly provided) if in writing and mailed, first-class postage prepaid, to each Securityholder Holder entitled thereto, at his last address as it appears in the RegisterSecurity register. In any case where notice to Securityholders such Holders is given by mail, neither the failure to mail such notice, nor any defect in any notice so mailed, to any particular Securityholder Holder shall affect the sufficiency of such notice with respect to other SecurityholdersHolders. Where this Indenture provides for notice in any manner, such notice may be waived in writing by the Person person entitled to receive such notice, either before or after the event, and such waiver shall be the equivalent of such notice. Waivers of notice by Securityholders Holders shall be filed with the Trustee, but such filing shall not be a condition precedent to the validity of any action taken in reliance upon such waiver. Notwithstanding anything to the contrary elsewhere in this Indenture as to the giving of notice, any other form of written notice is sufficient, if received. In case, by reason of the suspension of or irregularities in regular mail service, it shall be impracticable to mail notice to the Issuer, the Guarantor or Securityholders Issuer when such notice is required to be given pursuant to any provision of this Indenture, then notwithstanding anything to the contrary elsewhere in this Indenture as to the giving of notice, any manner of giving such notice as shall be reasonably satisfactory to the Trustee shall be deemed to be a sufficient giving of such notice.

Appears in 1 contract

Samples: Indenture (Sunamerica Capital Trust Vi)

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Notices and Demands. on Issuer(a) Any notice, Guarantordemand, Trustee and Securityholders. Any notice direction, request or demand which other document that is required or permitted by any provision of this Nineteenth Supplemental Indenture is required or permitted the Indenture to be given or served made by the Trustee or by the Holders of Securities any series of Outstanding Notes to or on upon the Successor Issuer, the Co-Issuer may or the Additional Co-Issuer shall be given or served made by being deposited postage postage-prepaid, first-class mail, in a post office letter box (except as otherwise specifically provided herein) mail addressed (until another address of the Successor Issuer, the Co-Issuer or the Additional Co-Issuer is furnished filed by the Successor Issuer, the Co-Issuer to or the Additional Co-Issuer, as applicable, with the Trustee) to Newmont Mining Corporationc/o Freeport-McMoRan Inc., 1700 Lincoln Street000 Xxxxx Xxxxxxx Xxxxxx, DxxxxxXxxxxxx, Xxxxxxxx Xxxxxxx 00000-0000, XxxxxxxxxAttention: XxxxxxxxxFCX Treasurer. (b) Any notice notice, demand, direction, request or demand which other document that is required or permitted by any provision of this Nineteenth Supplemental Indenture is required or permitted the Indenture to be given or served made by the Trustee or by the Holders of Securities any series of Outstanding Notes to or on upon the Parent Guarantor may shall be given or served made by being deposited postage postage-prepaid, first-class mail, in a post office letter box (except as otherwise specifically provided herein) mail addressed (until another address of the Parent Guarantor is furnished filed by the Parent Guarantor to with the Trustee) to Newmont USA LimitedFreeport-McMoRan Inc., 1700 Lincoln Street, 000 Xxxxx Xxxxxxx Xxxxxx, Xxxxxxxx Xxxxxxx, Xxxxxxx 00000-0000, XxxxxxxxxAttention: XxxxxxxxrFCX Treasurer. (c) Any notice, demand, direction, request or demand other document that is required or permitted by any provision of this Nineteenth Supplemental Indenture or the Indenture to be given or made by the Issuer, the Parent Guarantor or any Securityholder to or upon the Trustee or the Holders of any series of Outstanding Notes shall be deemed to have been sufficiently given or made, for all purposes, if given or made in writing and received at its Corporate Trust Officeaccordance with Section 1.6 of the Indenture. Where As of the date of this Indenture provides Nineteenth Supplemental Indenture, the address for notice to Securityholders, such notice shall be sufficiently given (unless otherwise herein expressly provided) if in writing and mailed, first-class postage prepaid, to each Securityholder entitled thereto, at his last address as it appears in the Register. In any case where notice to Securityholders is given by mail, neither the failure to mail such notice, nor any defect in any notice so maileddemand, to any particular Securityholder shall affect the sufficiency of such notice with respect to direction, request or other Securityholders. Where this Indenture provides for notice in any manner, such notice may be waived in writing by the Person entitled to receive such notice, either before or after the event, and such waiver shall be the equivalent of such notice. Waivers of notice by Securityholders shall be filed with the Trustee, but such filing shall not be a condition precedent to the validity of any action taken in reliance upon such waiver. Notwithstanding anything to the contrary elsewhere in this Indenture as to the giving of notice, any other form of written notice is sufficient, if received. In case, by reason of the suspension of or irregularities in regular mail service, it shall be impracticable to mail notice to the Issuer, the Guarantor or Securityholders when such notice is required document to be given pursuant or made to any provision of this Indenture, then notwithstanding anything to the contrary elsewhere in this Indenture as to the giving of notice, any manner of giving such notice as shall be satisfactory to or upon the Trustee shall be deemed to be a sufficient giving of such noticeis 000 X. Xx. Xxxx Xxxxx, Suite 1750, Dallas, Texas 75201, Attention: Corporate Trust, Municipal and Escrow Services.

Appears in 1 contract

Samples: Nineteenth Supplemental Indenture (Freeport-McMoran Inc)

Notices and Demands. on Issuer, the Guarantor, Trustee and SecurityholdersHolders of Notes. Any notice or demand which by any provision of this Indenture is required or permitted to be given or served by the Trustee or by the Holders any Holder of Securities Notes to or on upon the Issuer or the Guarantor may be given or served in person or by being deposited postage prepaidprepaid in the United States mail, first-class mail, in a post office letter box mail (except as otherwise specifically provided herein) ), addressed (until another address of the Issuer or the Guarantor is furnished filed by the Issuer to or the Guarantor with the Trustee) to Newmont Mining CorporationAerial Communications, 1700 Lincoln StreetInc., Dxxxxx0000 Xxxx Xxxx Xxxx Xxxxxx, Xxxxx 0000, Xxxxxxx, Xxxxxxxx 00000-0000, Attention: Chief Financial Officer, and to Telephone and Data Systems, Inc., Suite 4000, 00 Xxxxx XxXxxxx Xxxxxx, Xxxxxxx, Xxxxxxxx 00000, XxxxxxxxxAttention: Xxxxxxxxx. Any notice or demand which by any provision of this Indenture is required or permitted to be given or served by the Trustee or by the Holders of Securities to or on the Guarantor may be given or served by being deposited postage prepaid, first-class mail, in a post office letter box (except as otherwise specifically provided herein) addressed (until another address of the Guarantor is furnished by the Guarantor to the Trustee) to Newmont USA Limited, 1700 Lincoln Street, Xxxxxx, Xxxxxxxx 00000, Xxxxxxxxx: XxxxxxxxrTreasurer. Any notice, direction, request or demand by the Issuer or the Guarantor or any Holder of Notes to or upon the Trustee may be given or served in person or by being deposited postage prepaid in the United States mail, first-class mail (except as otherwise specifically provided herein), addressed (until another address of the Trustee is filed by the Trustee with the Issuer) to The First National Bank of Chicago, Xxx Xxxxx Xxxxxxxx Xxxxx, Xxxxx 0000, Xxxxxxx, XX 00000, Attention: Corporate Trust Office. Any notice required or permitted to be given or served by the Issuer, the Guarantor or any Securityholder by the Trustee to or upon the Trustee shall any Holders of Notes, may be deemed to have been sufficiently given or made, for all purposes, if given or made served by being deposited in writing and received at its Corporate Trust Office. Where this Indenture provides for notice to Securityholders, such notice shall be sufficiently given (unless otherwise herein expressly provided) if in writing and mailedthe United States mail, first-class postage prepaidmail (except as otherwise specifically provided herein), to each Securityholder entitled thereto, addressed at his last address their addresses as it appears in they shall appear on the Registerregister of the Registrar. In any case where notice to Securityholders the Noteholders is given by mail, neither the failure to mail such notice, nor any defect in any notice so mailed, to any particular Securityholder Holder shall affect the sufficiency of such notice with respect to other SecurityholdersHolders. Where this Indenture provides for notice in any manner, such notice may be waived in writing by the Person person entitled to receive such notice, either before or after the event, and such waiver shall be the equivalent of such notice. Waivers of notice by Securityholders Holders shall be filed with the Trustee, but such filing shall not be a condition precedent to the validity of any action taken in reliance upon such waiver. Notwithstanding anything to the contrary elsewhere in this Indenture as to the giving of notice, any other form of written notice is sufficient, if received. In case, by reason of the suspension of or irregularities in regular mail service, it shall be impracticable to mail notice to the Issuer, the Guarantor or Securityholders Issuer when such notice is required to be given pursuant to any provision of this Indenture, then notwithstanding anything to the contrary elsewhere in this Indenture as to the giving of notice, any manner of giving such notice as shall be reasonably satisfactory to the Trustee shall be deemed to be a sufficient giving of such notice.

Appears in 1 contract

Samples: Indenture (Aerial Communications Inc)

Notices and Demands. on Issuer, Guarantor, Trustee and SecurityholdersHolders of Securities and Coupons. Any notice or demand which by any provision of this Indenture is required or permitted to be given or served by the Trustee or by the Holders of Securities or Coupons to or on the Issuer may be given or served by being deposited postage prepaid, first-class mail, in a post office letter box mail (except as otherwise specifically provided herein) addressed (until another address of the Issuer is furnished filed by the Issuer to with the Trustee) to Newmont Mining Texas Gas Transmission Corporation, 1700 Lincoln Street3800 Xxxxxxxxx Xxxxxx, DxxxxxXxxxxxxxx, Xxxxxxxx 00000, XxxxxxxxxXxtention: XxxxxxxxxTreasurer. Any notice notice, direction, request or demand which by any provision of this Indenture is required or permitted to be given or served by the Trustee Issuer or by the Holders any Holder of Securities or Coupons to or on upon the Guarantor may Trustee shall be deemed to have been sufficiently given or served by being deposited postage prepaid, first-class mail, in a post office letter box mail (except as otherwise specifically provided herein) addressed (until another address of the Guarantor Trustee is furnished filed by the Guarantor to Trustee with the TrusteeIssuer) to Newmont USA LimitedThe Bank of New York, 1700 Lincoln Street101 Xxxxxxx Xxxxxx-21W, XxxxxxNew York, Xxxxxxxx 00000New York 10286, XxxxxxxxxAttention: Xxxxxxxxr. Any notice, direction, request or demand by the Issuer, the Guarantor or any Securityholder to or upon the Trustee shall be deemed to have been sufficiently given or made, for all purposes, if given or made in writing and received at its Corporate Trust OfficeDepartment. Where this Indenture provides for notice to SecurityholdersHolders of Registered Securities, such notice shall be sufficiently given (unless otherwise herein expressly provided) if in writing and mailed, first-class postage prepaid, to each Securityholder Holder entitled thereto, at his last address as it appears in the RegisterSecurity register. In any case where notice to Securityholders such Holders is given by mail, neither the failure to mail such notice, nor any defect in any notice so mailed, to any particular Securityholder Holder shall affect the sufficiency of such notice with respect to other SecurityholdersHolders. Where this Indenture provides for notice in any manner, such notice may be waived in writing by the Person entitled to receive such notice, either before or after the event, and such waiver shall be the equivalent of such notice. Waivers of notice by Securityholders Holders shall be filed with the Trustee, but such filing shall not be a condition precedent to the validity of any action taken in reliance upon such waiver. Notwithstanding anything to the contrary elsewhere in this Indenture as to the giving of notice, any other form of written notice is sufficient, if received. In case, by reason of the suspension of or 73 80 irregularities in regular mail service, it shall be impracticable to mail notice to the Issuer, Issuer or the Guarantor or Securityholders Holders of Registered Securities when such notice is required to be given pursuant to any provision of this Indenture, then notwithstanding anything to the contrary elsewhere in this Indenture as to the giving of notice, any manner of giving such notice as shall be reasonably satisfactory to the Trustee shall be deemed to be a sufficient giving of such notice.

Appears in 1 contract

Samples: Texas Gas Transmission Corp

Notices and Demands. on IssuerAny report, Guarantornotice, Trustee and Securityholders. Any notice demand or demand other communication which by any provision of this Indenture Trust Agreement is required or permitted to be given or served by the Trustee or by the Holders of Securities to or on upon any Securityholder or the Issuer Depositor may be given or served in writing by being deposited postage prepaiddeposit thereof, first-class postage prepaid, in the United States mail, hand delivery or facsimile transmission, in each case, addressed, (a) in the case of a post office letter box Preferred Securityholder, to such Preferred Securityholder as such Securityholder's name and address may appear on the Securities Register; and (except as otherwise specifically provided hereinb) addressed (until another address in the case of the Issuer is furnished by Common Securityholder or the Issuer Depositor, to the TrusteeSecond Bancorp Incorporated, 108 Xxxx Xxxxxx, X.X., X.X. Xxx 0000, Xxxxxx, XX 00000-0000, Xttention: ________________, facsimile no: (330) to Newmont Mining Corporation, 1700 Lincoln Street, Dxxxxx, Xxxxxxxx 00000, Xxxxxxxxx: Xxxxxxxxx841 0750. Any notice or demand which by any provision of this Indenture is required or permitted to Preferred Securityholders shall also be given or served by to such owners as have, within two years preceding the Trustee or by the Holders giving of Securities to or on the Guarantor may be given or served by being deposited postage prepaid, first-class mail, in a post office letter box (except as otherwise specifically provided herein) addressed (until another address of the Guarantor is furnished by the Guarantor to the Trustee) to Newmont USA Limited, 1700 Lincoln Street, Xxxxxx, Xxxxxxxx 00000, Xxxxxxxxx: Xxxxxxxxr. Any such notice, directionfiled their names and addresses with the Property Trustee for that purpose. Such notice, request demand or demand by the Issuer, the Guarantor or any Securityholder other communication to or upon the Trustee a Securityholder shall be deemed to have been sufficiently given or made, for all purposes, if given upon hand delivery, mailing or made in writing and received at its Corporate Trust Officetransmission. Where this Indenture provides for notice to Securityholders, such notice shall be sufficiently given (unless otherwise herein expressly provided) if in writing and mailed, first-class postage prepaid, to each Securityholder entitled thereto, at his last address as it appears in the Register. In any case where notice to Securityholders is given by mail, neither the failure to mail such Any notice, nor any defect in any notice so mailed, to any particular Securityholder shall affect the sufficiency of such notice with respect to demand or other Securityholders. Where this Indenture provides for notice in any manner, such notice may be waived in writing communication which by the Person entitled to receive such notice, either before or after the event, and such waiver shall be the equivalent of such notice. Waivers of notice by Securityholders shall be filed with the Trustee, but such filing shall not be a condition precedent to the validity of any action taken in reliance upon such waiver. Notwithstanding anything to the contrary elsewhere in this Indenture as to the giving of notice, any other form of written notice is sufficient, if received. In case, by reason of the suspension of or irregularities in regular mail service, it shall be impracticable to mail notice to the Issuer, the Guarantor or Securityholders when such notice is required to be given pursuant to any provision of this IndentureTrust Agreement is required or permitted to be given or served to or upon the Trust, then notwithstanding anything the Property Trustee or the Administrative Trustees shall be given in writing addressed (until another address is published by the Trust) as follows: (a) with respect to the contrary elsewhere in this Indenture as Property Trustee to Wilmington Trust Company, Rodxxx Xxuare North, 1100 Xxxxx Xxxxxx Xxxxxx, Xxxxxxxxxx, Xxxxxxxx 00000-0000, Xttention: Corporate Trust Administration; (b) with respect to the giving Delaware Trustee, to Wilmington Trust Company at the above address; and (c) with respect to the Administrative Trustees, to them at the address above for notices to the Depositor, marked "Attention: Administrative Trustees of Capital Trust." Such notice, any manner of giving such notice as shall be satisfactory demand or other communication to or upon the Trust or the Property Trustee shall be deemed to be a sufficient giving have been sufficiently given or made only upon actual receipt of such noticethe writing by the Trust or the Property Trustee.

Appears in 1 contract

Samples: Trust Agreement (Second Bancorp Inc)

Notices and Demands. on IssuerAll notices, Guarantor, Trustee demands and Securityholders. Any notice or demand requests which by any provision of this Indenture is required or permitted to be given or served by the Trustee or by the Holders of Securities to or on the Issuer may be given or served by being deposited postage prepaid, first-class mail, in a post office letter box (except as otherwise specifically provided herein) addressed (until another address of the Issuer is furnished by the Issuer to the Trustee) to Newmont Mining Corporation, 1700 Lincoln Street, Dxxxxx, Xxxxxxxx 00000, Xxxxxxxxx: Xxxxxxxxx. Any notice or demand which by any provision of this Indenture is are required or permitted to be given or served by the Trustee or by the Holders of Securities to or on the Guarantor may be given or served by being deposited postage prepaid, first-class mail, in a post office letter box (except as otherwise specifically provided herein) addressed (until another address of the Guarantor is furnished by the Guarantor either party to the Trustee) other must be in writing. All notices, demands and requests by Landlord or Tenant shall be addressed as follows (or to Newmont USA Limitedsuch other address as a party may specify by duly given notice): RENT PAYMENT ADDRESS: FLA OWNER LLC P.X. Xxx 000000 Xxxxx, 1700 Lincoln Street, Xxxxxxx 00000-0000 TAX I.D. 20-0000000 LEGAL NOTICE ADDRESS FOR LANDLORD: FLA OWNER LLC c/o EOLA CAPITAL LLC Attn: Managing Director 5000 X. Xxxxxxx Xxxxxx, Xxxxxxxx Xxxxx X Xxxxx, Xxxxxxx 00000 WITH A COPY TO: FLA OWNER LLC c/x XXXX XXXXXXX LLC Attn: Lease Administration Oxx Xxxxxxxxxxx Xxxxx, Xxxxx 0000Xxxxxxxxxxxx, Xxxxxxx 00000-0000 TENANT: NFINANSE, Xxxxxxxxx: XxxxxxxxrINC. Any notice3000 Xxxxxxx Xxxx Xxxxx, directionXxxxx 000 Xxxxx Xxxxxxx 00000 Notices, request demands or demand by requests which Landlord or Tenant are required or desire to give the Issuer, the Guarantor or any Securityholder to or upon the Trustee other hereunder shall be deemed to have been sufficiently properly given or made, for all purposespurposes if (i) delivered against a written receipt of delivery, if given (ii) mailed by express, registered or made in writing and received at its Corporate Trust Office. Where this Indenture provides for notice to Securityholderscertified mail of the United States Postal Service, such notice shall be sufficiently given (unless otherwise herein expressly provided) if in writing and mailedreturn receipt requested, first-class postage prepaid, or (iii) delivered to each Securityholder entitled theretoa nationally recognized overnight courier service for next business day delivery, to its addressee at his last such party's address as it appears in set forth above or (iv) delivered via telecopier or facsimile transmission to the Register. In any case where notice to Securityholders facsimile number listed above, provided, however, that if such communication is given by mailvia telecopier or facsimile transmission, neither an original counterpart of such communication shall be sent concurrently in either the failure to mail manner specified in section (ii) or (iii) above and written confirmation of receipt of transmission shall be provided. Each such notice, nor any defect in any notice so mailed, to any particular Securityholder shall affect the sufficiency of such notice with respect to other Securityholders. Where this Indenture provides for notice in any manner, such notice may be waived in writing by the Person entitled to receive such notice, either before demand or after the event, and such waiver shall be the equivalent of such notice. Waivers of notice by Securityholders shall be filed with the Trustee, but such filing shall not be a condition precedent to the validity of any action taken in reliance upon such waiver. Notwithstanding anything to the contrary elsewhere in this Indenture as to the giving of notice, any other form of written notice is sufficient, if received. In case, by reason of the suspension of or irregularities in regular mail service, it shall be impracticable to mail notice to the Issuer, the Guarantor or Securityholders when such notice is required to be given pursuant to any provision of this Indenture, then notwithstanding anything to the contrary elsewhere in this Indenture as to the giving of notice, any manner of giving such notice as shall be satisfactory to the Trustee request shall be deemed to have been received upon the earlier of the actual receipt or refusal by the addressee or three (3) business days after deposit thereof at any main or branch United States post office if sent in accordance with section (ii) above, and the next business day after deposit thereof with the courier if sent pursuant to section (iii) above. The parties shall notify the other of any change in address, which notification must be a sufficient giving at least fifteen (15) days in advance of it being effective. Notices may be given on behalf of any party by such noticeparty's legal counsel.

Appears in 1 contract

Samples: Lease (nFinanSe Inc.)

Notices and Demands. on Issuer, Guarantor, Trustee and SecurityholdersHolders of Securities and Coupons. Any notice or demand which by any provision of this Indenture is required or permitted to be given or served by the Trustee or by the Holders of Securities or Coupons to or on the Issuer may be given or served by being deposited postage prepaid, first-class mail, in a post office letter box mail (except as otherwise specifically provided herein) addressed (until another address of the Issuer is furnished filed by the Issuer to with the Trustee) to Newmont Mining CorporationCBRL Group, 1700 Lincoln StreetInc., Dxxxxx305 Hartmann Drive, Xxxxxxxx 00000Lebanon, XxxxxxxxxTennessee 37087, Axxxxxxxx: Xxxxxxxxx. Any notice or demand which by any provision of this Indenture is required or permitted to be given or served by the Trustee or by the Holders of Securities to or on the Guarantor may be given or served by being deposited postage prepaid, first-class mail, in a post office letter box (except as otherwise specifically provided herein) addressed (until another address of the Guarantor is furnished by the Guarantor to the Trustee) to Newmont USA Limited, 1700 Lincoln Street, Xxxxxx, Xxxxxxxx 00000, Xxxxxxxxx: Xxxxxxxxr_____________. Any notice, direction, request or demand by the Issuer, the Guarantor Issuer or any Securityholder Holder of Securities or Coupons to or upon the Trustee shall be deemed to have been sufficiently given or made, for all purposes, if given or made in writing and received at its Corporate Trust Office_____________________________ _______________, Attention: _______________. Where this Indenture provides for notice to SecurityholdersHolders of Registered Securities, such notice shall be sufficiently given (unless otherwise herein expressly provided) if in writing and mailed, first-class postage prepaid, to each Securityholder Holder entitled thereto, at his last address as it appears in the RegisterSecurity register. In any case where notice to Securityholders such Holders is given by mail, neither the failure to mail such notice, nor any defect in any notice so mailed, to any particular Securityholder Holder shall affect the sufficiency of such notice with respect to other SecurityholdersHolders. Where this Indenture provides for notice in any manner, such notice may be waived in writing by the Person person entitled to receive such notice, either before or after the event, and such waiver shall be the equivalent of such notice. Waivers of notice by Securityholders Holders shall be filed with the Trustee, but such filing shall not be a condition precedent to the validity of any action taken in reliance upon such waiver. Notwithstanding anything to the contrary elsewhere in this Indenture as to the giving of notice, any other form of written notice is sufficient, if received. In case, by reason of the suspension of or irregularities in regular mail service, it shall be impracticable to mail notice to the Issuer, the Guarantor or Securityholders Issuer when such notice is required to be given pursuant to any provision of this Indenture, then notwithstanding anything to the contrary elsewhere in this Indenture as to the giving of notice, any manner of giving such notice as shall be satisfactory to the Trustee shall be deemed to be a sufficient giving of such notice.

Appears in 1 contract

Samples: CBRL Group Inc

Notices and Demands. on Issuer, Guarantor, Trustee and SecurityholdersHolders of Securities and Coupons. Any notice or demand which by any provision of this Indenture is required or permitted to be given or served by the Trustee or by the Holders of Securities or Coupons to or on the Issuer may be given or served by being deposited postage prepaid, first-class mail, in a post office letter box mail (except as otherwise specifically provided herein) addressed (until another address of the Issuer is furnished filed by the Issuer to with the Trustee) to Newmont Mining CorporationTENNECO PACKAGING INC., 1700 Lincoln Street1900 Xxxx Xxxxx Xxxxx, DxxxxxXxxx Xxxxxx, Xxxxxxxx 00000, XxxxxxxxxXxtention: XxxxxxxxxChief Financial Officer. Any notice notice, direction, request or demand which by any provision of this Indenture is required or permitted to be given or served by the Trustee Issuer or by the Holders any Holder of Securities or Coupons to or on upon the Guarantor may Trustee shall be deemed to have been sufficiently given or served by being deposited postage prepaid, first-class mail, in a post office letter box mail (except as otherwise specifically provided herein) addressed (until another address of the Guarantor Trustee is furnished filed by the Guarantor to Trustee with the TrusteeIssuer) to Newmont USA Limited, 1700 Lincoln Street, 450 Xxxx 00xx Xxxxxx, Xxxxxxxx 00xx Xxxxx, Xxx Xxxx, Xxx Xxxx 00000-0000, XxxxxxxxxXxtention: Xxxxxxxxr. Any notice, direction, request or demand by the Issuer, the Guarantor or any Securityholder to or upon the Trustee shall be deemed to have been sufficiently given or made, for all purposes, if given or made in writing and received at its Corporate Global Trust OfficeServices. Where this Indenture provides for notice to SecurityholdersHolders of Registered Securities, such notice shall be sufficiently given (unless otherwise herein expressly provided) if in writing and mailed, first-class postage prepaid, to each Securityholder Holder entitled thereto, at his last address as it appears in the RegisterSecurity register. In any case where notice to Securityholders such Holders is given by mail, neither the failure to mail such notice, nor any defect in any notice so mailed, to any particular Securityholder Holder shall affect the sufficiency of such notice with respect to other SecurityholdersHolders. Where this Indenture provides for notice in any manner, such notice may be waived in writing by the Person person entitled to receive such notice, either before or after the event, and such waiver shall be the equivalent of such notice. Waivers of notice 60 by Securityholders Holders shall be filed with the Trustee, but such filing shall not be a condition precedent to the validity of any action taken in reliance upon such waiver. Notwithstanding anything to the contrary elsewhere in this Indenture as to the giving of notice, any other form of written notice is sufficient, if received. In case, by reason of the suspension of or irregularities in regular mail service, it shall be impracticable to mail notice to the Issuer, the Guarantor or Securityholders Issuer when such notice is required to be given pursuant to any provision of this Indenture, then notwithstanding anything to the contrary elsewhere in this Indenture as to the giving of notice, any manner of giving such notice as shall be reasonably satisfactory to the Trustee shall be deemed to be a sufficient giving of such notice.

Appears in 1 contract

Samples: Indenture (Tenneco Packaging Inc)

Notices and Demands. on Issuer(a) All notices, Guarantordemands, Trustee requests, consents and Securityholders. Any notice waivers under this Agreement shall be in writing, shall refer to this Agreement and shall be (i) delivered personally; (ii) sent by registered or demand which by any provision of this Indenture is required or permitted to be given or served by the Trustee or by the Holders of Securities to or on the Issuer may be given or served by being deposited certified mail, postage prepaid, first-class mailreturn receipt requested; (iii) sent by a nationally recognized overnight courier; or (iv) sent by facsimile, in a post office letter box (except as otherwise specifically provided herein) addressed (until another address with written confirmation of the Issuer is furnished by the Issuer to the Trustee) to Newmont Mining Corporationsuccessful transmission of such telecopy, 1700 Lincoln Streetaddressed as set forth below. If delivered personally, Dxxxxx, Xxxxxxxx 00000, Xxxxxxxxx: Xxxxxxxxx. Any any notice or demand which by any provision of this Indenture is required or permitted to be given or served by the Trustee or by the Holders of Securities to or on the Guarantor may be given or served by being deposited postage prepaid, first-class mail, in a post office letter box (except as otherwise specifically provided herein) addressed (until another address of the Guarantor is furnished by the Guarantor to the Trustee) to Newmont USA Limited, 1700 Lincoln Street, Xxxxxx, Xxxxxxxx 00000, Xxxxxxxxx: Xxxxxxxxr. Any notice, direction, request or demand by the Issuer, the Guarantor or any Securityholder to or upon the Trustee shall be deemed to have been sufficiently given or made, for all purposes, if given or made in writing and received at its Corporate Trust Office. Where this Indenture provides for notice to Securityholders, such notice shall be sufficiently given on the first (unless otherwise herein expressly provided1st) if in writing and mailed, first-class postage prepaid, to each Securityholder entitled thereto, at his last address as it appears in the Register. In any case where notice to Securityholders is given by mail, neither the failure to mail such notice, nor any defect in any notice so mailed, to any particular Securityholder shall affect the sufficiency of such notice with respect to other Securityholders. Where this Indenture provides for notice in any manner, such notice may be waived in writing by the Person entitled to receive such notice, either before business day on or after the event, and such waiver shall be the equivalent of such noticedate delivered or refused. Waivers of notice by Securityholders shall be filed with the Trustee, but such filing shall not be a condition precedent to the validity of any action taken in reliance upon such waiver. Notwithstanding anything to the contrary elsewhere in this Indenture as to the giving of noticeIf mailed, any other form of written notice is sufficient, if received. In case, by reason of the suspension of or irregularities in regular mail service, it shall be impracticable to mail notice to the Issuer, the Guarantor or Securityholders when such notice is required to be given pursuant to any provision of this Indenture, then notwithstanding anything to the contrary elsewhere in this Indenture as to the giving of notice, any manner of giving such notice as shall be satisfactory to the Trustee shall be deemed to have been given on the earlier to occur of the first (1st) business day on or after the date of delivery or the third (3rd) business day after such notice has been deposited in the U.S. mail in accordance with this Section 10. If sent by overnight courier, any notice shall be deemed to have been given on the first (1st) business day following the date such notice was delivered to or picked up by the courier. If sent by facsimile, any notice shall be deemed to have been given upon receipt by the sender of a sufficient giving report that the facsimile was successfully transmitted to the recipient’s facsimile number listed below. Copies of such notice.all notices shall be given in accordance with the above as follows: If to Purchaser: America First Apartment Investors, Inc. 000 Xxxx 00xx Xxxxxx, 00xx Xxxxx Xxx Xxxx, Xxx Xxxx 00000 Attention: Xxxxx Xxxx Facsimile: 000-000-0000 with a copy to: Hunton & Xxxxxxxx LLP 000 Xxxx Xxxx Xxxxxx Richmond, Virginia 23219 Attention: Xxxxxx X. Xxxxxxxx Facsimile: (000) 000-0000 If to Seller: Retirement Centers Corporation 000 Xxxx Xxxxxx, 00xx Xxxxx Xxx Xxxx, Xxx Xxxx 00000 Attention: Xxx Xxxxx and Xxxxxxx Xxxxx Facsimile: 000-000-0000 with a copy to: Xxxxxx, Xxxx & Xxxxxxxx LLP 000 Xxxx Xxxxxx, 00xx Xxxxx Xxx Xxxx, Xxx Xxxx 00000 Attention: Xxxxx X. Xxxxxx, Esq. Facsimile: (000) 000-0000

Appears in 1 contract

Samples: Purchase and Sale Agreement (America First Apartment Investors Inc)

Notices and Demands. on IssuerAny report, Guarantornotice, Trustee and Securityholders. Any notice demand or demand which other communication that by any provision of this Indenture Trust Agreement is required or permitted to be given or served by the Trustee or by the Holders of Securities to or on upon any Holder or the Issuer Depositor may be given or served in writing delivered in person, or by being deposited postage prepaidreputable, overnight courier, by telecopy or by deposit thereof, first-class postage prepaid, in the United States mail, addressed, (a) in the case of a Holder of Preferred Securities, to such Holder as such Holder’s name and address may appear on the Securities Register; and (b) in the case of the Holder of all the Common Securities or the Depositor, to Greater Community Bancorp, 00 Xxxxx Xxxxxxxxx, Xxxxxx, XX 00000, Attention: Chief Financial Officer, or to such other address as may be specified in a post office letter box written notice by the Holder of all the Common Securities or the Depositor, as the case may be, to the Property Trustee. Such report, notice, demand or other communication to or upon a Holder or the Depositor shall be deemed to have been given when received in person, within one (1) Business Day following delivery by overnight courier, when telecopied with receipt confirmed, or within three (3) Business Days following delivery by mail, except as otherwise specifically provided herein) addressed (until another that if a notice or other document is refused delivery or cannot be delivered because of a changed address of which no notice was given, such notice or other document shall be deemed to have been delivered on the Issuer is furnished by the Issuer date of such refusal or inability to the Trustee) to Newmont Mining Corporation, 1700 Lincoln Street, Dxxxxx, Xxxxxxxx 00000, Xxxxxxxxx: Xxxxxxxxxdeliver. Any notice notice, demand or demand which other communication that by any provision of this Indenture Trust Agreement is required or permitted to be given or served by the Trustee or by the Holders of Securities to or on upon the Guarantor may Property Trustee, the Delaware Trustee, the Administrative Trustees or the Trust shall be given or served in writing by being deposited postage prepaiddeposit thereof, first-class postage prepaid, in the U.S. mail, in a post office letter box personal delivery or facsimile transmission, addressed to such Person as follows: (except as otherwise specifically provided hereina) addressed (until another address of the Guarantor is furnished by the Guarantor with respect to the Property Trustee and the Delaware Trustee) , to Newmont USA LimitedWilmington Trust Company, 1700 Lincoln StreetXxxxxx Square North, 0000 Xxxxx Xxxxxx Xxxxxx, Xxxxxxxxxx, Xxxxxxxx 00000-0000, XxxxxxxxxAttention: XxxxxxxxrCorporate Capital Markets, facsimile no. Any (000) 000-0000; (b) with respect to the Administrative Trustees, to them at the address above for notices to the Depositor, marked “Attention: Administrative Trustees of GCB Capital Trust III,” and (c) with respect to the Trust, to its principal executive office specified in Section 2.2, with a copy to the Property Trustee. Such notice, direction, request demand or demand by the Issuer, the Guarantor or any Securityholder other communication to or upon the Trust, the Property Trustee or the Administrative Trustees shall be deemed to have been sufficiently given or made, for all purposes, if given or made in writing and received at its Corporate Trust Office. Where this Indenture provides for notice to Securityholders, such notice shall be sufficiently given (unless otherwise herein expressly provided) if in writing and mailed, first-class postage prepaid, to each Securityholder entitled thereto, at his last address as it appears in only upon actual receipt of the Register. In any case where notice to Securityholders is given by mail, neither the failure to mail such notice, nor any defect in any notice so mailed, to any particular Securityholder shall affect the sufficiency of such notice with respect to other Securityholders. Where this Indenture provides for notice in any manner, such notice may be waived in writing by the Person entitled to receive such notice, either before or after the event, and such waiver shall be the equivalent of such notice. Waivers of notice by Securityholders shall be filed with the Trustee, but such filing shall not be a condition precedent to the validity of any action taken in reliance upon such waiver. Notwithstanding anything to the contrary elsewhere in this Indenture as to the giving of notice, any other form of written notice is sufficient, if received. In case, by reason of the suspension of or irregularities in regular mail service, it shall be impracticable to mail notice to the IssuerTrust, the Guarantor Property Trustee or Securityholders when such notice is required to be given pursuant to any provision of this Indenture, then notwithstanding anything to the contrary elsewhere in this Indenture as to the giving of notice, any manner of giving such notice as shall be satisfactory to the Trustee shall be deemed to be a sufficient giving of such noticeAdministrative Trustees.

Appears in 1 contract

Samples: Trust Agreement (Greater Community Bancorp)

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