Common use of Notice to Holders of Notes Clause in Contracts

Notice to Holders of Notes. Where this Indenture provides for notice to the Holders of Notes from the Trustee, the Trustee, subject to reimbursement by the Issuer, shall (i) in the case of a Global Note, mail such notice by overnight mail to the Depositary and (ii) in the case of Notes other than the Global Notes, mail such notice by first class mail, postage prepaid (except with respect to any redemption notice, which shall be sent by overnight mail) to the Holders thereof at the addresses appearing on the Register, with a copy of all such notices delivered (by mail or otherwise) to the Issuer. Any such notice so sent shall be conclusively presumed to have been received by such Holders. In case by reason of the suspension of regular mail service or overnight mail service, as the case may be, or by reason of any other cause it shall be impracticable to give any notice in the manner required above, then any other method of notification found satisfactory in the reasonable judgment of the Trustee shall constitute a sufficient notification for every purpose hereunder. In any case where notice to the Holders of Notes is given by mail, neither the failure to mail such notice, nor any defect in any notice so mailed, to any particular Holder shall affect the sufficiency of such notice with respect to other Holders of Notes. Where this Indenture provides for notice in any manner, such notice may be waived in writing by any 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 Holders of Notes 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. All requests, demands, authorizations, directions, notices, consents, waivers and other communications required or permitted under this Indenture shall be in writing in the English language. Notice to any Holder will be deemed to have been given on the date of such publication or mailing.

Notice to Holders of Notes. Where this Indenture provides for OF SPECIFIED EVENTS; RELIANCE ON CERTIFICATE OF LIQUIDATING AGENT. The Company shall give prompt written notice to the Holders registered holders of the Notes from of any proceedings of the Trusteetype specified in Section 3.03. The holders of the Notes shall be entitled to assume that no such event has occurred unless the Company or any one or more holders of Senior Indebtedness or any trustee therefor or any other Person has given such notice to the registered holders of the Notes. Upon any payment or distribution of assets of the Company referred to in this Article 3, the Trusteeregistered holders of the Notes shall be entitled to rely upon a certificate of the Custodian or other Person making such payment or distribution, subject delivered to reimbursement by such holders, for the Issuerpurpose of ascertaining the Persons entitled to participate in such distribution, shall (i) the holders of the Senior Indebtedness and other indebtedness of the Company, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this Article 3. In the event that any holder of the Notes determines, in the case of a Global Notegood faith, mail such notice by overnight mail to the Depositary and (ii) in the case of Notes other than the Global Notes, mail such notice by first class mail, postage prepaid (except that further evidence is required with respect to the right of any redemption noticePerson as a holder of Senior Indebtedness to participate in any payments or distribution pursuant to this Article 3, which shall be sent by overnight mail) such holder may request such Person to furnish evidence to the Holders thereof at the addresses appearing on the Register, with a copy reasonable satisfaction of all such notices delivered (by mail or otherwise) holder as to the Issuer. Any such notice so sent shall be conclusively presumed to have been received amount of Senior Indebtedness held by such Holders. In case by reason of the suspension of regular mail service or overnight mail servicePerson, as the case may be, or by reason of any other cause it shall be impracticable to give any notice in the manner required above, then any other method of notification found satisfactory in the reasonable judgment of the Trustee shall constitute a sufficient notification for every purpose hereunder. In any case where notice to the Holders of Notes extent to which such Person is given by mailentitled to participate in such payment or distribution, neither and as to other facts pertinent to the failure to mail such notice, nor any defect in any notice so mailed, to any particular Holder shall affect the sufficiency rights of such notice with respect to other Holders of Notes. Where Person under this Indenture provides for notice in any mannerArticle 3, and if such evidence is not furnished, such notice holder may be waived in writing by defer any payment to such Person entitled pending judicial determination as to the right of such person to receive such notice, either before or after the event, and such waiver shall be the equivalent of such notice. Waivers of notice by Holders of Notes 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. All requests, demands, authorizations, directions, notices, consents, waivers and other communications required or permitted under this Indenture shall be in writing in the English language. Notice to any Holder will be deemed to have been given on the date of such publication or mailingpayment.

Notice to Holders of Notes. Where this Indenture provides for The Company shall give prompt written notice to each holder of any Note of any fact known to the Holders Company which would prohibit the making of Notes any payment to it in respect of the Notes. Notwithstanding the provisions of this Article VIII or any other provision of this Agreement (but without however limiting any rights of the holders of Senior Indebtedness under this Article VIII to recover from Noteholders any payment made to such Noteholder which it is not entitled to retain under this Article VIII), (a) no holder of any Note shall be charged with knowledge of the existence of any facts which would prohibit the making of any payment to it in respect of the Notes, unless and until such holder shall have received written notice thereof from the TrusteeCompany, or a holder of Senior Indebtedness or from any trustee, fiduciary or agent therefor; 505298\0057\02050\969WL85X.NPA and, (b) prior to the Trusteereceipt of any such written notice absent actual knowledge thereof, subject each such holder of the Notes shall be entitled in all respects to reimbursement by assume that no such facts exist. Each holder of any Note shall be entitled to rely (provided such holder is acting reasonably and in good faith) on the Issuer, shall (i) in the case delivery to it of a Global Notewritten notice by a Person representing himself to be a holder of Senior Indebtedness (or a trustee, mail fiduciary or agent therefor) to establish that such notice has been given by overnight mail to a holder of Senior Indebtedness (or a trustee, fiduciary or agent therefor). In the Depositary and (ii) event that such holder reasonably determines in the case of Notes other than the Global Notes, mail such notice by first class mail, postage prepaid (except good faith that further evidence is required with respect to the right of any redemption noticePerson as a holder of Senior Indebtedness to participate in any payment, which shall be sent by overnight mail) distribution or transfer pursuant to this Article VIII, such holder may request such Person to furnish evidence to the Holders thereof at the addresses appearing on the Register, with a copy reasonable satisfaction of all such notices delivered (by mail or otherwise) holder as to the Issuer. Any such notice so sent shall be conclusively presumed to have been received amount of Senior Indebtedness held by such Holders. In case by reason of Person, the suspension of regular mail service extent to which such Person is entitled to participate in such payment, distribution or overnight mail service, as the case may be, or by reason of transfer and any other cause it shall be impracticable to give any notice in the manner required above, then any other method of notification found satisfactory in the reasonable judgment of the Trustee shall constitute a sufficient notification for every purpose hereunder. In any case where notice facts pertinent to the Holders of Notes is given by mail, neither the failure to mail such notice, nor any defect in any notice so mailed, to any particular Holder shall affect the sufficiency rights of such notice with respect to other Holders of Notes. Where Person under this Indenture provides for notice in any mannerArticle VIII, and if such evidence is not furnished, such notice holder may be waived in writing by defer any payment to such Person entitled to receive until such notice, either before or after the event, and such waiver shall be the equivalent of such notice. Waivers of notice by Holders of Notes 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. All requests, demands, authorizations, directions, notices, consents, waivers and other communications required or permitted under this Indenture shall be in writing in the English language. Notice to any Holder will be deemed to have been given on the date of such publication or mailingevidence is furnished.

Notice to Holders of Notes. Where this Indenture provides for The Company shall give prompt written notice to each holder of any Note of any fact known to the Holders Company which would prohibit the making of Notes any payment to it in respect of the Notes. Notwithstanding the provisions of this Article VIII or any other provision of this Agreement (but without however limiting any rights of the holders of Senior Indebtedness under this Article VIII to recover from Noteholders any payment made to such Noteholder which it is not entitled to retain under this Article VIII), (a) no holder of any Note shall be charged with knowledge of the existence of any facts which would prohibit the making of any payment to it in respect of the Notes, unless and until such holder shall have received written notice thereof from the TrusteeCompany, or a holder of Senior Indebtedness or from any trustee, fiduciary or agent therefor; and, (b) prior to the Trusteereceipt of any such written notice absent actual knowledge thereof, subject each such holder of the Notes shall be entitled in all respects to reimbursement by assume that no such facts exist. Each holder of any Note shall be entitled to rely (provided such holder is acting reasonably and in good faith) on the Issuer, shall (i) in the case delivery to it of a Global Notewritten notice by a Person representing himself to be a holder of Senior Indebtedness (or a trustee, mail fiduciary or agent therefor) to establish that such notice has been given by overnight mail to a holder of Senior Indebtedness (or a trustee, fiduciary or agent therefor). In the Depositary and (ii) event that such holder reasonably determines in the case of Notes other than the Global Notes, mail such notice by first class mail, postage prepaid (except good faith that further evidence is required with respect to the right of any redemption noticePerson as a holder of Senior Indebtedness to participate in any payment, which shall be sent by overnight mail) distribution or transfer pursuant to this Article VIII, such holder may request such Person to furnish evidence to the Holders thereof at the addresses appearing on the Register, with a copy reasonable satisfaction of all such notices delivered (by mail or otherwise) holder as to the Issuer. Any such notice so sent shall be conclusively presumed to have been received amount of Senior Indebtedness held by such Holders. In case by reason of Person, the suspension of regular mail service extent to which such Person is entitled to participate in such payment, distribution or overnight mail service, as the case may be, or by reason of transfer and any other cause it shall be impracticable to give any notice in the manner required above, then any other method of notification found satisfactory in the reasonable judgment of the Trustee shall constitute a sufficient notification for every purpose hereunder. In any case where notice facts pertinent to the Holders of Notes is given by mail, neither the failure to mail such notice, nor any defect in any notice so mailed, to any particular Holder shall affect the sufficiency rights of such notice with respect to other Holders of Notes. Where Person under this Indenture provides for notice in any mannerArticle VIII, and if such evidence is not furnished, such notice holder may be waived in writing by defer any payment to such Person entitled to receive until such notice, either before or after the event, and such waiver shall be the equivalent of such notice. Waivers of notice by Holders of Notes 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. All requests, demands, authorizations, directions, notices, consents, waivers and other communications required or permitted under this Indenture shall be in writing in the English language. Notice to any Holder will be deemed to have been given on the date of such publication or mailingevidence is furnished.

Notice to Holders of Notes. Where this Indenture provides for notice to the Holders of the Notes from the Trustee, the Trustee, subject to reimbursement by the Issuer, shall (i) in the case of a Global Note, mail such notice by overnight mail to the Depositary and (ii) in the case of Notes other than the Global Notes, mail such notice by first class mail, postage prepaid (except with respect to any redemption notice, which shall be sent by overnight mail) to the Holders thereof at the addresses appearing on the Register, with a copy of all such notices delivered (by mail or otherwise) to the Issuer. Any such notice so sent shall be conclusively presumed to have been received by such Holders. In case by reason of the suspension of regular mail service or overnight mail service, as the case may be, or by reason of any other cause it shall be impracticable to give any notice in the manner required above, then any other method of notification found satisfactory in the reasonable judgment of the Trustee shall constitute a sufficient notification for every purpose hereunder. In any case where notice to the Holders of Notes is given by mail, neither the failure to mail such notice, nor any defect in any notice so mailed, to any particular Holder shall affect the sufficiency of such notice with respect to other Holders of the Notes. Where this Indenture provides for notice in any manner, such notice may be waived in writing by any 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 Holders of Notes 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. All requests, demands, authorizations, directions, notices, consents, waivers and other communications required or permitted under this Indenture shall be in writing in the English language. Notice to any Holder will be deemed to have been given on the date of such publication or mailing.