Common use of 01Notices Clause in Contracts

01Notices. Any notice or communication shall be in writing and delivered in person or mailed by certified or registered mail (return receipt requested), e-mail in PDF format, facsimile, or overnight courier guaranteeing next day delivery, addressed as follows: if to the Company or any Guarantor: Transocean Inc. 36C ▇▇. ▇▇▇’▇ Drive Grand Cayman, KY-1003 Cayman Islands Attention of: President ​ ​ 69 ​ ​ ​ if to the Trustee: ▇▇▇▇▇ Fargo Bank, National Association ▇ ▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ Attention: Corporate Trust Services ​ The Company, any Guarantor or the Trustee by notice to the other may designate additional or different addresses for subsequent notices or communications. Any notice or communication mailed (or, in the case of Global Bonds, sent to the Depositary pursuant to Applicable Procedures) to a Holder shall be sent to the Holder at the Holder’s address as it appears on the registration books of the Bond Registrar and shall be sufficiently given if so sent within the time prescribed. Failure to mail or otherwise send a notice or communication to a Holder or any defect in it shall not affect its sufficiency with respect to other Holders. If a notice or communication is sent in the manner provided above, it is duly given, whether or not the addressee receives it. The Trustee agrees to accept and act upon instructions or directions pursuant to this Indenture sent by unsecured e-mail, facsimile transmission or other similar unsecured electronic methods; provided, however, that (a) the party providing such written instructions, subsequent to such transmission of written instructions, shall provide the originally executed instructions or directions to the Trustee in a timely manner, and such originally executed instructions or directions shall be signed by an authorized representative of the party providing such instructions or directions. If the party elects to give the Trustee e-mail or facsimile instructions (or instructions by a similar electronic method) and the Trustee in its discretion elects to act upon such instructions, the Trustee’s understanding of such instructions shall be deemed controlling. The Trustee shall not be liable for any losses, costs or expenses arising directly or indirectly from the Trustee’s reliance upon and compliance with such instructions notwithstanding such instructions conflict or are inconsistent with a subsequent written instruction. The party providing electronic instructions agrees to assume all risks arising out of the use of such electronic methods to submit instructions and directions to the Trustee, including without limitation the risk of the Trustee acting on unauthorized instructions, and the risk or interception and misuse by third parties.

Appears in 1 contract

Sources: Indenture (Transocean Ltd.)

01Notices. Any notice or communication shall be in writing and delivered in person or mailed by certified or registered mail (return receipt requested), e-mail in PDF format, facsimile, or overnight courier guaranteeing next day delivery, addressed as follows: if to the Company or any Guarantor: Transocean Inc. 36C ▇▇. ▇▇▇’▇ Drive Grand Cayman, KY-1003 Cayman Islands Attention of: President ​ ​ 69 ​ ​ ​ if to the Trustee: ▇▇▇▇▇ Fargo Bank, National Association ▇ ▇▇▇▇CTSO Mail Operations Attn: ▇▇▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇ MAC: N9300-070 ▇▇▇ ▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇▇, ▇Attention: Corporate Trust Services ▇▇▇▇▇ ​ The Company, any Guarantor or the Trustee by notice to the other may designate additional or different addresses for subsequent notices or communications. Any notice or communication mailed (or, in the case of Global Bonds, sent to the Depositary pursuant to Applicable Procedures) to a Holder shall be sent to the Holder at the Holder’s address as it appears on the registration books of the Bond Registrar and shall be sufficiently given if so sent within the time prescribed. Failure to mail or otherwise send a notice or communication to a Holder or any defect in it shall not affect its sufficiency with respect to other Holders. If a notice or communication is sent in the manner provided above, it is duly given, whether or not the addressee receives it. The Trustee agrees to accept and act upon instructions or directions pursuant to this Indenture sent by unsecured e-mail, facsimile transmission or other similar unsecured electronic methods; provided, however, that (a) the party providing such written instructions, subsequent to such transmission of written instructions, shall provide the originally executed instructions or directions to the Trustee in a timely manner, and such originally executed instructions or directions shall be signed by an authorized representative of the party providing such instructions or directions. If the party elects to give the Trustee e-mail or facsimile instructions (or instructions by a similar electronic method) and the Trustee in its discretion elects to act upon such instructions, the Trustee’s understanding of such instructions shall be deemed controlling. The Trustee shall not be liable for any losses, costs or expenses arising directly or indirectly from the Trustee’s reliance upon and compliance with such instructions notwithstanding such instructions conflict or are inconsistent with a subsequent written instruction. The party providing ​ 70 ​ ​ ​ electronic instructions agrees to assume all risks arising out of the use of such electronic methods to submit instructions and directions to the Trustee, including without limitation the risk of the Trustee acting on unauthorized instructions, and the risk or interception and misuse by third parties.

Appears in 1 contract

Sources: Indenture (Transocean Ltd.)

01Notices. Any notice or communication by the Company or the Trustee to the other shall be deemed to be duly given if made in writing and delivered delivered: (a) by hand (in person which case such notice shall be effective upon delivery); (b) by facsimile or mailed other electronic transmission (in PDF (as defined below) format) (in which case such notice shall be effective upon receipt thereof); or (c) by certified or registered mail overnight delivery by a nationally recognized courier service (return receipt requestedin which case such notice shall be effective on the Business Day immediately after being deposited with such courier service), e-mail ​ ​ in PDF format, facsimile, or overnight courier guaranteeing next day delivery, addressed as follows: if each case to the Company or any Guarantor: Transocean Inc. 36C ▇▇. ▇▇▇’▇ Drive Grand Caymanrecipient party’s address set forth in this Section 13.01; provided, KY-1003 Cayman Islands Attention of: President ​ ​ 69 ​ ​ ​ if however, that notices to the Trustee shall only be effective upon the Trustee: ▇▇▇▇▇ Fargo Bank, National Association ▇ ▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ Attention: Corporate Trust Services ​ ’s actual receipt thereof. The Company, any Guarantor Company or the Trustee by notice to the other may designate additional or different addresses for subsequent notices or communications. Any notice or communication mailed (or, in the case of Global Bonds, sent to the Depositary pursuant to Applicable Procedures) to a Holder shall be sent to the Holder at the Holder’s its address as it appears shown on the registration books register kept by the Registrar. Any notice or communication to be delivered to a Holder of the Bond Registrar and a Global Security shall be sufficiently given if so sent within transmitted to the time prescribedDepository in accordance with its Applicable Procedures. Failure to mail send or otherwise send transmit a notice or communication to a Holder or any defect in it shall not affect its sufficiency with respect to other Holders. If a notice or communication to a Holder is sent in the manner provided above, it is duly given, whether or not the addressee receives it. If the Company sends or transmits a notice or communication to Holders, it shall send a copy to the Trustee and each Securities Agent at the same time. If the Trustee or the Securities Agent is required, pursuant to the express terms of this Indenture or the Securities, to send a notice or communication to Holders, the Trustee or the Securities Agent, as the case may be, shall also send a copy of such notice or communication to the Company. All notices or communications shall be in writing. The Company’s address is: [ADDRESS] With a copy (which shall not constitute actual or constructive notice) to: [COUNSEL ADDRESS] The Trustee’s address is: Deutsche Bank Trust Company Americas Trust and Agency Services [ADDRESS] The Trustee agrees shall have the right to accept and act upon instructions, including funds transfer instructions or directions (“Instructions”), given pursuant to this Indenture sent by unsecured and delivered using the following communications methods: e-mail, facsimile transmission, secure electronic transmission containing applicable authorization codes, passwords and/or authentication keys issued by the Trustee, or other similar unsecured electronic methodsanother method or system specified by the Trustee as available for use in connection with its services hereunder (collectively, “Electronic Means”); provided, however, that (a) the party providing such written instructions, subsequent to such transmission of written instructions, Company shall provide the originally executed instructions or directions to the Trustee in a timely manneran incumbency certificate listing officers with the authority to provide such Instructions (“Authorized Officers”) and containing specimen signatures of such Authorized Officers, and such originally executed instructions or directions which incumbency certificate shall be signed amended by an authorized representative of the party providing such instructions Company whenever a person is to be added or directionsdeleted from the listing. If the party Company elects to give the Trustee e-mail or facsimile instructions (or instructions by a similar electronic method) Instructions using Electronic Means and the Trustee in its discretion elects to act upon such instructionsInstructions, the Trustee’s understanding of such instructions Instructions ​ ​ shall be deemed controlling. The Company understands and agrees that the Trustee cannot determine the identity of the actual sender of such Instructions and that the Trustee shall conclusively presume that directions that purport to have been sent by an Authorized Officer listed on the incumbency certificate provided to the Trustee have been sent by such Authorized Officer. The Company shall be responsible for ensuring that only Authorized Officers transmit such Instructions to the Trustee and that the Company and all Authorized Officers are solely responsible to safeguard the use and confidentiality of applicable user and authorization codes, passwords and/or authentication keys upon receipt by the Company. The Trustee shall not be liable for any losses, costs or expenses (except to the extent attributable to the Trustee’s gross negligence, willful misconduct or bad faith) arising directly or indirectly from the Trustee’s reliance upon and compliance with such instructions Instructions notwithstanding such instructions directions conflict or are inconsistent with a subsequent written instruction. The party providing electronic instructions agrees Company agrees: (i) to assume all risks arising out of the use of such electronic methods Electronic Means to submit instructions and directions Instructions to the Trustee, including without limitation the risk of the Trustee acting on unauthorized instructionsInstructions, and the risk or of interception and misuse by third parties; (ii) that it is fully informed of the protections and risks associated with the various methods of transmitting Instructions to the Trustee and that there may be more secure methods of transmitting Instructions than the method(s) selected by the Company; (iii) that the security procedures (if any) to be followed in connection with its transmission of Instructions provide to it a commercially reasonable degree of protection in light of its particular needs and circumstances; and (iv) to notify the Trustee immediately upon learning of any compromise or unauthorized use of the security procedures.

Appears in 1 contract

Sources: Indenture (TAL Education Group)