Common use of Notice to Holders of Securities; Waiver Clause in Contracts

Notice to Holders of Securities; Waiver. Except as otherwise expressly provided herein, where this Indenture provides for notice of holders of Securities of any event, such notice shall be sufficiently given to holders of Registered Securities if in writing and mailed, first-class postage prepaid, to each holder of a Registered Security affected by such event, at the address of such holder as it appears in the Security Register, not earlier than the earliest date, and not later than the latest date, prescribed for the giving of such notice. In case by reason of the suspension of regular mail service or by reason of any other cause it shall be impracticable to give such notice to holders of Registered Securities by mail, then such notification as shall be made with the approval of the Trustee shall constitute sufficient notice to such holders for every purpose hereunder. In any case where notice to holders of Registered Securities is given by mail, neither the failure to mail such notice, nor any defect in any notice so mailed, to any particular holder of a Registered Security shall affect the sufficiency of such notice with respect to other holders of Registered Securities. Notwithstanding any other provision of this Indenture or any Security, where this Indenture or any Security provides for notice of any event (including any notice of redemption) to a Holder of a Global Security (whether by mail or otherwise), such notice shall be sufficiently given when delivered to the Depositary for such Security (or its designee) pursuant to the customary procedures of such Depositary. 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 holders of Securities 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. Any request, demand, authorization, direction, notice, consent or waiver required or permitted under this Indenture shall be in the English language.

Appears in 9 contracts

Samples: Indenture (Amalgamated Financial Corp.), Indenture (Trustmark Corp), Indenture (Flushing Financial Corp)

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Notice to Holders of Securities; Waiver. Except as otherwise expressly provided herein, where this Indenture provides for notice of holders to Holders of Securities of any event, such notice shall be sufficiently given to holders of Registered Securities Holders if in writing and mailed, first-class postage prepaid, to each holder Holder of a Registered Security affected by such event, at the address of such holder Holder as it appears in the Security Register, not earlier than the earliest date, date and not later than the latest date, date prescribed for the giving of such notice. Neither the failure to mail such notice, nor any defect in any notice so mailed, to any particular Holder of a Security shall affect the sufficiency of such notice with respect to other Holders of Securities. In case by reason of the suspension of regular mail service or by reason of any other cause it shall be impracticable to give such notice to holders of Registered Securities by mail, then such notification to Holders of Securities as shall be made with the approval of the Trustee Trustee, which approval shall not be unreasonably withheld, shall constitute a sufficient notice notification to such holders Holders for every purpose hereunder. In any case where notice to holders of Registered Securities is given by mail, neither the failure to mail such notice, nor any defect in any notice so mailed, to any particular holder of a Registered Security shall affect the sufficiency of such notice with respect to other holders of Registered Securities. Notwithstanding any other provision of this Indenture or any Security, where this Indenture or any Security provides for notice of any event (including any notice of redemption) to a Holder of a Global Security (whether by mail or otherwise), such Such notice shall be sufficiently deemed to have been given when delivered to the Depositary for such Security (or its designee) pursuant to the customary procedures of such Depositarynotice is mailed. 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 holders Holders of Securities 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. Any request, demand, authorization, direction, notice, consent or waiver required or permitted under this Indenture shall be in the English language.

Appears in 5 contracts

Samples: Indenture (Medarex Inc), Indenture (Millennium Pharmaceuticals Inc), Indenture (Affiliated Computer Services Inc)

Notice to Holders of Securities; Waiver. Except as otherwise expressly provided herein, where this Indenture provides for notice of holders to Holders of Securities of any event, such notice shall be sufficiently given to holders of Registered Securities Holders if in writing and mailed, first-class postage prepaid, to each holder Holder of a Registered Security affected by such event, at the address of such holder Holder as it appears in the Security Register, not earlier than the earliest date, date and not later than the latest date, date prescribed for the giving of such notice. Neither the failure to mail such notice, nor any defect in any notice so mailed, to any particular Holder of a Registered Security shall affect the sufficiency of such notice with respect to other Holders of Registered Securities. In case by reason of the suspension of regular mail service or by reason of any other cause it shall be impracticable to give such notice to holders of Registered Securities by mail, then such notification to Holders of Registered Securities as shall be made with the approval of the Trustee Trustee, which approval shall not be unreasonably withheld, shall constitute a sufficient notice notification to such holders Holders for every purpose hereunder. In any case where notice to holders of Registered Securities is given by mail, neither the failure to mail such notice, nor any defect in any notice so mailed, to any particular holder of a Registered Security shall affect the sufficiency of such notice with respect to other holders of Registered Securities. Notwithstanding any other provision of this Indenture or any Security, where this Indenture or any Security provides for notice of any event (including any notice of redemption) to a Holder of a Global Security (whether by mail or otherwise), such Such notice shall be sufficiently deemed to have been given when delivered to the Depositary for such Security (or its designee) pursuant to the customary procedures of such Depositarynotice is mailed. 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 holders Holders of Securities 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. Any request, demand, authorization, direction, notice, consent or waiver required or permitted under this Indenture shall be in the English language.

Appears in 5 contracts

Samples: Indenture (Cirrus Logic Inc), Indenture (Cirrus Logic Inc), Indenture (DSC Communications Corp)

Notice to Holders of Securities; Waiver. Except as otherwise expressly provided herein, where this Indenture provides for notice of holders to Holders of Securities of any event, such notice shall be sufficiently given to holders of Registered Securities Holders if in writing and mailed, first-class postage prepaid, to each holder Holder of a Registered Security affected by such event, at the address of such holder Holder as it appears in the Security Register, not earlier than the earliest date, date and not later than the latest date, date prescribed for the giving of such notice. Neither the failure to mail such notice, nor any defect in any notice so mailed, to any particular Holder of a Registered Security shall affect the sufficiency of such notice with respect to other Holders of Registered Securities. In case by reason of the suspension of regular mail service or by reason of any other cause it shall be impracticable to give such notice to holders of Registered Securities by mail, then such notification to Holders of Registered Securities as shall be made with the approval of the Trustee Trustee, which approval shall not be unreasonably withheld or delayed, shall constitute a sufficient notice notification to such holders Holders for every purpose hereunder. In any case where notice to holders of Registered Securities is given by mail, neither the failure to mail such notice, nor any defect in any notice so mailed, to any particular holder of a Registered Security shall affect the sufficiency of such notice with respect to other holders of Registered Securities. Notwithstanding any other provision of this Indenture or any Security, where this Indenture or any Security provides for notice of any event (including any notice of redemption) to a Holder of a Global Security (whether by mail or otherwise), such Such notice shall be sufficiently deemed to have been given when delivered to the Depositary for such Security (or its designee) pursuant to the customary procedures of such Depositarynotice is mailed. 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 holders Holders of Securities 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. Any request, demand, authorization, direction, notice, consent or waiver required or permitted under this Indenture shall be in the English language.

Appears in 4 contracts

Samples: Asm International N V, Siebel Systems Inc, Cell Therapeutics Inc

Notice to Holders of Securities; Waiver. Except as otherwise expressly provided hereinherein or in the form of Securities of any particular series pursuant to the provisions of this Indenture, where this Indenture provides for notice of holders to Holders of Securities of any event, such notice shall be sufficiently given to holders Holders of Registered Securities if in writing and mailed, first-class postage prepaid, to each holder Holder of a Registered Security affected by such event, at the his address of such holder as it appears in the Security RegisterRegister (or, to the extent permitted or required by applicable DTC procedures or regulations, sent electronically), not later than the latest date, and not earlier than the earliest date, and not later than the latest date, prescribed for the giving of such notice. In case by reason of the suspension of regular mail service or by reason of any other cause it shall be impracticable to give such notice to holders of Registered Securities by mail, then such notification as shall be made with the approval of the Trustee shall constitute sufficient notice to such holders for every purpose hereunder. In any case where notice to holders Holders of Registered Securities is given by mail, neither the failure to mail such notice, nor any defect in any notice so mailed, to any particular holder Holder of a Registered Security shall affect the sufficiency of such notice with respect to other holders Holders of Registered Securities. Notwithstanding In the case by reason of the suspension of regular mail service or by reason of any other provision of this Indenture or any Security, where this Indenture or any Security provides for notice of any event (including any notice of redemption) cause it shall be impracticable to a Holder of a Global Security (whether by mail or otherwise), give such notice by mail, then such notification as shall be sufficiently given when delivered to made with the Depositary approval of the Trustee shall constitute a sufficient notification for such Security (or its designee) pursuant to the customary procedures of such Depositaryevery purpose hereunder. 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 holders Holders of Securities 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. Any request, demand, authorization, direction, notice, consent or waiver required or permitted under this Indenture shall be in the English language.

Appears in 4 contracts

Samples: Sabra Health (Sabra Mecosta LLC), Indenture (Renee Avenue Health Holdings LLC), CareTrust REIT, Inc.

Notice to Holders of Securities; Waiver. Except as otherwise expressly provided herein, where Where this Indenture provides for notice of holders to Holders of Securities of any event, (i) if any of the Securities affected by such event are Registered Securities, such notice to the Holders thereof shall be sufficiently given to holders of Registered Securities (unless otherwise herein expressly provided) if in writing and mailed, first-class postage prepaid, to each holder of a Registered Security such Holder affected by such event, at the his address of such holder as it appears in the Security Register, not earlier than within the earliest date, and not later than the latest date, time prescribed for the giving of such notice and (ii) if any of the Securities affected by such event are Bearer Securities, notice to the Holders thereof shall be sufficiently given (unless otherwise herein or in the terms of such Bearer Securities expressly provided) if published once in an Authorized Newspaper in New York, New York, and in such other city or cities, if any, as may be specified in such Securities and, if the Securities of such series are listed on any stock exchange outside the United States, in any place at which such Securities are listed on a securities exchange to the extent that such securities exchange so requires, and mailed to such Persons whose names and addresses as were previously filed with the Trustee, within the time prescribed for giving such notice. In any case where notice to Holders 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. In case by reason of the suspension of publication of any Authorized Newspaper or Authorized Newspapers or by reason of any other cause it shall be impracticable to publish any notice to Holders of Bearer Securities as provided above, then such publication in lieu thereof as shall be made with the approval of the Trustee shall constitute a sufficient publication of such notice. Neither failure to give notice by publication to Holders of Bearer Securities as provided above, nor any defect in any notice so published, shall affect the sufficiency of any notice mailed to Holders of Registered Securities as provided above. Any notice which is mailed in the manner herein provided shall be conclusively presumed to have been duly given or provided. In case by reason of the suspension of regular mail service or by reason of any other cause it shall be impracticable to give such notice to holders of Registered Securities by mailas provided above, then such notification as shall be made with the approval of the Trustee shall constitute a sufficient notice to such holders notification for every purpose hereunder. In any case where notice to holders of Registered Securities is given by mail, neither the failure to mail such notice, nor any defect in any notice so mailed, to any particular holder of a Registered Security shall affect the sufficiency of such notice with respect to other holders of Registered Securities. Notwithstanding any other provision of this Indenture or any Security, where this Indenture or any Security provides for notice of any event (including any notice of redemption) to a Holder of a Global Security (whether by mail or otherwise), such notice shall be sufficiently given when delivered to the Depositary for such Security (or its designee) pursuant to the customary procedures of such Depositary. 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 holders of Securities 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. Any request, demand, authorization, direction, notice, consent or waiver required or permitted under this Indenture shall be in the English language.

Appears in 4 contracts

Samples: Indenture (Questar Pipeline Co), Indenture (Questar Gas Co), Indenture (Questar Market Resources Inc)

Notice to Holders of Securities; Waiver. Except as otherwise expressly provided hereinin or pursuant to this Indenture, where this Indenture provides for notice of holders to Holders of Securities of all or any series of any event, such notice shall be sufficiently given to holders Holders of Registered Securities of such series if in writing and mailed, first-class postage prepaid, to each holder Holder of a Registered Security affected by such event, at the his address of such holder as it appears in the Security Register, not later than the latest date, and not earlier than the earliest date, and not later than the latest date, prescribed for the giving of such notice. In case by reason of the suspension of regular mail service or by reason of any other cause it shall be impracticable to give such notice to holders of Registered Securities by mail, then such notification as shall be made with the approval of the Trustee shall constitute sufficient notice to such holders for every purpose hereunder. In any case where notice to holders Holders of Registered Securities is given by mail, neither the failure to mail such notice, nor any defect in any notice so mailed, to any particular holder Holder of a Registered Security shall affect the sufficiency of such notice with respect to other holders Holders of Registered SecuritiesSecurities given as provided herein. Notwithstanding Any notice which is mailed in the manner herein provided shall be conclusively presumed to have been duly given or provided. In the case by reason of the suspension of regular mail service or by reason of any other provision of this Indenture or any Security, where this Indenture or any Security provides for notice of any event (including any notice of redemption) cause it shall be impracticable to a Holder of a Global Security (whether by mail or otherwise), give such notice by mail, then such notification as shall be sufficiently given when delivered to made with the Depositary approval of the Trustee shall constitute a sufficient notification for such Security (or its designee) pursuant to the customary procedures of such Depositaryevery purpose hereunder. 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 holders Holders of Securities 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. Any request, demand, authorization, direction, notice, consent or waiver required or permitted under this Indenture shall be in the English language.

Appears in 3 contracts

Samples: And (Delcath Systems Inc), Reconciliation And (Williams Partners Finance Corp), Indenture (WaferGen Bio-Systems, Inc.)

Notice to Holders of Securities; Waiver. Except as otherwise expressly provided herein, where this Indenture provides for notice of holders to Holders of Securities of any event, such notice shall be sufficiently given to holders of Registered Securities Holders if in writing in the English language and mailed, first-class postage prepaid, or telecopied (receipt confirmed), or delivered by an overnight delivery service, to each holder Holder of a Registered Security affected by such event, at the address of such holder Holder as it appears in the Security Register, not earlier than the earliest date, date and not later than the latest date, date prescribed for the giving of such notice. Neither the failure to mail or deliver such notice, nor any defect in any notice so mailed or delivered, to any particular Holder of a Security shall affect the sufficiency of such notice with respect to other Holders of Securities. In case by reason of the suspension of regular mail service or by reason of any other cause it shall be impracticable to give such notice to holders of Registered Securities by mail, then such notification to Holders of Securities as shall be made with the approval of the Trustee shall constitute a sufficient notice notification to such holders Holders for every purpose hereunder. In any case where notice to holders of Registered Securities is given by mail, neither the failure to mail such notice, nor any defect in any notice so mailed, to any particular holder of a Registered Security shall affect the sufficiency of such notice with respect to other holders of Registered Securities. Notwithstanding any other provision of this Indenture or any Security, where this Indenture or any Security provides for notice of any event (including any notice of redemption) to a Holder of a Global Security (whether by mail or otherwise), such Such notice shall be sufficiently deemed to have been given when such notice is mailed or delivered to the Depositary for overnight delivery service, as applicable, and shall be conclusively deemed to have been received by such Security (Holder, whether or its designee) pursuant to the customary procedures of not such DepositaryHolder actually receives such notice. 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 holders Holders of Securities 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. Any request, demand, authorization, direction, notice, consent or waiver required or permitted under this Indenture shall be in the English language.

Appears in 3 contracts

Samples: Indenture (Alesco Financial Inc), Privatebancorp, Inc, Oil States International Inc

Notice to Holders of Securities; Waiver. Except as Unless otherwise herein expressly provided hereinprovided, where this Indenture provides for notice of holders of Securities to Holders of any event, such notice shall be sufficiently given to holders Holders of Registered Securities if in writing and mailed, first-class mail, postage prepaid, or delivered by hand or overnight courier to each holder Holder of a Registered Security affected by such event, at the its address of such holder as it appears in the Security Register, not later than the latest date (if any), and not earlier than the earliest date, and not later than the latest datedate (if any), prescribed for the giving of such notice; provided that notices to be given to Holders of Global Securities will be given to the Depositary, in accordance with its Applicable Procedures as in effect from time to time. In case by reason of the suspension of regular mail service or by reason of any other cause it shall be impracticable to give such notice to holders Holders of Registered Securities by mail, then such notification as shall be made given with the approval of the Trustee shall constitute a sufficient notice to such holders notification for every purpose hereunder. In any case where notice to holders Holders of Registered Securities is given by mail, neither the failure to mail such notice, nor any defect in any notice so mailed, to any particular holder Holder of a Registered Security shall affect the sufficiency of such notice with respect to other holders Holders of Registered Securities. Notwithstanding any other provision of this Indenture or any Security, where this Indenture or any Security provides for notice of any event (including any notice of redemption) to a Holder of a Global Security (whether by mail or otherwise), such notice shall be sufficiently given when delivered to the Depositary for such Security (or its designee) pursuant to the customary procedures of such Depositary. 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 holders of Securities 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. Any requestThe Trustee may rely upon and comply with instructions or directions sent via unsecured facsimile or email transmission and the Trustee shall not have any liability for any losses, demandliabilities, authorizationcosts or expenses incurred or sustained by the Company, Braskem or the Holders due to the Trustee’s reliance upon and compliance with instructions or directions given by unsecured facsimile or email transmission; provided, however, that such losses have not arisen from the negligence or willful misconduct of the Trustee, it being understood that the failure of the Trustee to verify or confirm that the person delivering the unsecured facsimile or email transmission in which the instructions or direction, noticeare contained is, consent in fact, authorized to deliver such unsecured facsimile or waiver required email transmission does not constitute negligence or permitted under this Indenture shall be in the English languagewillful misconduct.

Appears in 3 contracts

Samples: Braskem Finance LTD, Braskem Finance LTD, Braskem Finance LTD

Notice to Holders of Securities; Waiver. Except as otherwise expressly provided herein, where this Indenture provides for notice of holders to Holders of Securities of any event, such notice shall be sufficiently given to holders Holders of Registered Securities if in writing and mailed, first-class postage prepaid, to each holder Holder of a Registered Security affected by such event, at the address of such holder Holder as it appears in the Security Note Register, not earlier than the earliest date, date and not later than the latest date, date prescribed for the giving of such notice. In case by reason of the suspension of regular mail service or by reason of any other cause it Such notice shall be impracticable conclusively deemed to give have been given and received by Holders when such notice to holders of Registered Securities by mailis mailed, then whether or not such notification as shall be made with the approval of the Trustee shall constitute sufficient notice to Holder receives such holders for every purpose hereundernotice. In any case where notice to holders Holders of Registered Securities is given by mail, neither the failure to mail such notice, nor any defect in any notice so mailed, to any particular holder Holder of a Registered Security shall affect the sufficiency of such notice with respect to other holders Holders of Registered SecuritiesSecurities given as provided above. Notwithstanding In case by reason of the suspension of or irregularities in regular mail service or by reason of any other provision of this Indenture or any Security, where this Indenture or any Security provides for notice of any event (including any notice of redemption) cause it shall be impracticable to a Holder of a Global Security (whether by mail or otherwise), give such notice by mail, then such notification to Holders of Securities as shall be sufficiently given when delivered made with the approval of the Trustee, which approval shall not be unreasonably withheld, shall constitute a sufficient notification to the Depositary such Holders for such Security (or its designee) pursuant to the customary procedures of such Depositaryevery purpose hereunder. 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 holders Holders of Securities 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. Any request, demand, authorization, direction, notice, consent or waiver required or permitted under this Indenture shall be in the English language.

Appears in 3 contracts

Samples: Indenture (Veritas Software Corp), Indenture (Cypress Semiconductor Corp /De/), Ventro Corp

Notice to Holders of Securities; Waiver. Except as otherwise expressly provided hereinin or pursuant to this Indenture, where this Indenture provides for notice of holders to Holders of Securities of any event, such notice shall be sufficiently given to holders Holders of Registered Securities if in writing and mailed, first-class postage prepaid, to each holder Holder of a Registered Security affected by such event, at the address of such holder Holder as it appears in the Security Register, not later than the latest date, and not earlier than the earliest date, and not later than the latest date, prescribed for the giving of such notice. In case by reason Such notice shall be deemed to have been given when such notice is mailed. As long as the Securities are listed on the Irish Stock Exchange, copies of all notices given Holders shall be delivered to the Companies Announcements Office of the suspension of regular mail service or by reason of any other cause it shall be impracticable to give such notice to holders of Registered Securities by mail, then such notification as shall be made with the approval of the Trustee shall constitute sufficient notice to such holders for every purpose hereunderIrish Stock Exchange. In any case where notice to holders Holders of Registered Securities is given by mail, neither the failure to mail such notice, nor any defect in any notice so mailed, to any particular holder Holder of a Registered Security shall affect the sufficiency of such notice with respect to other holders Holders of Registered Securities. Notwithstanding Any notice which is mailed in the manner herein provided shall be conclusively presumed to have been duly given or provided. In the case by reason of the suspension of regular mail service or by reason of any other provision of this Indenture or any Security, where this Indenture or any Security provides for notice of any event (including any notice of redemption) cause it shall be impracticable to a Holder of a Global Security (whether by mail or otherwise), give such notice by mail, then such notification as shall be sufficiently given when delivered to made with the Depositary approval of the Trustee shall constitute a sufficient notification for such Security (or its designee) pursuant to the customary procedures of such Depositaryevery purpose hereunder. 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 holders Holders of Securities 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. Any request, demand, authorization, direction, notice, consent or waiver required or permitted under this Indenture shall be in the English language.

Appears in 3 contracts

Samples: Funding Agreement (Elan Corp PLC), Limited Waiver (Elan Corp PLC), Indenture (Elan Corp PLC)

Notice to Holders of Securities; Waiver. Except as otherwise expressly provided herein, where this Indenture provides for notice of holders to Holders of Securities of any event, such notice shall be sufficiently given to holders of Registered Securities Holders if in writing and mailed, first-class postage prepaid, to each holder Holder of a Registered Security affected by such event, at the address of such holder Holder as it appears in the Security Register, not earlier than the earliest date, date and not later than the latest date, date prescribed for the giving of such notice. Neither the failure to mail such notice, nor any defect in any notice so mailed, to any particular Holder of a Registered Security shall affect the sufficiency of such notice with respect to other Holders of Registered Securities. In case by reason of the suspension of regular mail service or by reason of any other cause it shall be impracticable to give such notice to holders of Registered Securities by mail, then such notification to Holders of Registered Securities as shall be made with the approval of the Trustee Trustee, which approval shall not be unreasonably withheld or delayed, shall constitute a sufficient notice notification to such holders Holders for every purpose hereunder. In any case where notice to holders of Registered Securities is given by mail, neither the failure to mail such notice, nor any defect in any notice so mailed, to any particular holder of a Registered Security shall affect the sufficiency of such notice with respect to other holders of Registered Securities. Notwithstanding any other provision of this Indenture or any Security, where this Indenture or any Security provides for notice of any event (including any notice of redemption) to a Holder of a Global Security (whether by mail or otherwise), such Such notice shall be sufficiently deemed to have been given when delivered to the Depositary for such Security (or its designee) pursuant to the customary procedures of such Depositarynotice is mailed. 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 holders Holders of Securities 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. Any requestIn addition, demand, authorization, direction, notice, consent all notices or waiver required or permitted under this Indenture communications addressed to Holders of Securities shall be in given by release made to Reuters Economic Services and Bloomberg Business News. The foregoing notwithstanding, such notices and communications given to Holders of Securities pursuant to the English languageRegistration Rights Agreement do not have to be released to Reuters Economics Services or Bloomberg Business News.

Appears in 3 contracts

Samples: Indenture Agreement (Protein Design Labs Inc/De), Indenture (Etoys Inc), Indenture (Etoys Inc)

Notice to Holders of Securities; Waiver. Except as otherwise expressly provided hereinin or pursuant to this Indenture, where this Indenture provides for notice of holders to Holders of Securities of any event, such notice shall be sufficiently given to holders of Registered Securities if in writing and mailed, first-class postage prepaid, or if delivered electronically pursuant to the applicable procedures of the Depository, to each holder of a Registered Security Holder affected by such event, at the his address of such holder as it appears in the Security Register, not later than the latest date, and not earlier than the earliest date, and not later than the latest date, prescribed for the giving of such notice. In any case where notice to Holders 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 given as provided herein. Any notice which is mailed in the manner herein provided shall be conclusively presumed to have been duly given or provided. In the case by reason of the suspension of regular mail service or by reason of any other cause it shall be impracticable to give such notice to holders of Registered Securities by mail, then such notification as shall be made with the approval of the Trustee in its sole discretion shall constitute a sufficient notice to such holders notification for every purpose hereunder. In any case where notice to holders of Registered Securities is given by mail, neither the failure to mail such notice, nor any defect in any notice so mailed, to any particular holder of a Registered Security shall affect the sufficiency of such notice with respect to other holders of Registered Securities. Notwithstanding any other provision of this Indenture or any Security, where this Indenture or any Security provides for notice of any event (including any notice of redemption) to a Holder of a Global Security (whether by mail or otherwise), such notice shall be sufficiently given when delivered to the Depositary for such Security (or its designee) pursuant to the customary procedures of such Depositary. 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 holders Holders of Securities 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. Any request, demand, authorization, direction, notice, consent or waiver required or permitted under this Indenture shall be in the English language.

Appears in 3 contracts

Samples: Dupont Fabros (Rhino Equity LLC), Indenture (Kite Realty Group, L.P.), Kite Realty (Kite Realty Group, L.P.)

Notice to Holders of Securities; Waiver. Except as otherwise expressly provided hereinin or pursuant to this Indenture, where this Indenture provides for notice of holders to Holders of Securities of any event, such notice shall be sufficiently given to holders Holders of Registered Securities if in writing and mailed, first-class postage prepaid, or if delivered electronically pursuant to the applicable procedures of the Depository, to each holder Holder of a Registered Security affected by such event, at the his address of such holder as it appears in the Security Register, not later than the latest date, and not earlier than the earliest date, and not later than the latest date, prescribed for the giving of such notice. In case by reason of the suspension of regular mail service or by reason of any other cause it shall be impracticable to give such notice to holders of Registered Securities by mail, then such notification as shall be made with the approval of the Trustee shall constitute sufficient notice to such holders for every purpose hereunder. In any case where notice to holders Holders of Registered Securities is given by mail, neither the failure to mail such notice, nor any defect in any notice so mailed, to any particular holder Holder of a Registered Security shall affect the sufficiency of such notice with respect to other holders Holders of Registered SecuritiesSecurities given as provided herein. Notwithstanding Any notice which is mailed in the manner herein provided shall be conclusively presumed to have been duly given or provided. In the case by reason of the suspension of regular mail service or by reason of any other provision of this Indenture or any Security, where this Indenture or any Security provides for notice of any event (including any notice of redemption) cause it shall be impracticable to a Holder of a Global Security (whether by mail or otherwise), give such notice by mail, then such notification as shall be sufficiently given when delivered to made with the Depositary approval of the Trustee in its sole discretion shall constitute a sufficient notification for such Security (or its designee) pursuant to the customary procedures of such Depositaryevery purpose hereunder. 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 holders Holders of Securities 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. Any request, demand, authorization, direction, notice, consent or waiver required or permitted under this Indenture shall be in the English language.

Appears in 3 contracts

Samples: Indenture (Education Realty Operating Partnership L P), Abb LTD, Abb LTD

Notice to Holders of Securities; Waiver. Except as otherwise expressly provided herein, where this Indenture provides for notice of holders to Holders of Securities of any event, such notice shall be sufficiently given to holders of Registered Securities Holders if in writing and mailed, first-class postage prepaid, prepaid to each holder Holder of a Registered Security affected by such event, at the address of such holder Holder as it appears in the Security Register, not earlier than the earliest date, date and not later than the latest date, date prescribed for the giving of such notice. Neither the failure to mail such notice, nor any defect in any notice so mailed, to any particular Holder of a Security shall affect the sufficiency of such notice with respect to other Holders of Securities. In case by reason of the suspension of regular mail service or by reason of any other cause it shall be impracticable to give such notice to holders of Registered Securities by mail, then such notification to Holders of Securities as shall be made with the approval of the Trustee Trustee, which approval shall not be unreasonably withheld or delayed, shall constitute a sufficient notice notification to such holders Holders for every purpose hereunder. In any case where notice to holders of Registered Securities is given by mail, neither the failure to mail such notice, nor any defect in any notice so mailed, to any particular holder of a Registered Security shall affect the sufficiency of such notice with respect to other holders of Registered Securities. Notwithstanding any other provision of this Indenture or any Security, where this Indenture or any Security provides for notice of any event (including any notice of redemption) to a Holder of a Global Security (whether by mail or otherwise), such Such notice shall be sufficiently deemed to have been given when delivered to the Depositary for such Security (or its designee) pursuant to the customary procedures of such Depositarynotice is mailed. 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 holders Holders of Securities 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. Any request, demand, authorization, direction, notice, consent or waiver required or permitted under this Indenture shall be in the English language.

Appears in 2 contracts

Samples: Indenture (Drdgold LTD), Indenture (Durban Roodepoort Deep LTD)

Notice to Holders of Securities; Waiver. Except as otherwise expressly provided hereinherein or in the form of Securities of any particular series pursuant to the provisions of this Indenture, where this Indenture provides for notice of holders of Securities to Holders of any event, such notice shall be sufficiently given to holders of Registered Securities Holders if in writing and mailed, first-class postage prepaid, to each holder Holder of a Registered Security affected by such event, at the his address of such holder as it appears in the Security RegisterRegister (or, to the extent permitted or required by applicable DTC procedures or regulations, sent electronically), not later than the latest date, and not earlier than the earliest date, and not later than the latest date, prescribed for the giving of such notice. In any case where notice to Holders of Securities is delivered electronically or given by mail, neither the failure to deliver electronically or mail such notice, nor any defect in any notice so delivered electronically or mailed, to any particular Holder shall affect the sufficiency of such notice with respect to other Holders of Securities. In the case by reason of the suspension of regular mail service or by reason of any other cause it shall be impracticable to give such notice to holders of Registered Securities by electronic delivery or mail, then such notification as shall be made with the approval of the Trustee shall constitute a sufficient notice to such holders notification for every purpose hereunder. In any case where notice to holders of Registered Securities is given by mail, neither the failure to mail such notice, nor any defect in any notice so mailed, to any particular holder of a Registered Security shall affect the sufficiency of such notice with respect to other holders of Registered Securities. Notwithstanding any other provision of this Indenture or any Security, where this Indenture or any Security provides for notice of any event (including any notice of redemption) to a Holder of a Global Security (whether by mail or otherwise), such notice shall be sufficiently given when delivered to the Depositary for such Security (or its designee) pursuant to the customary procedures of such Depositary. 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 holders Holders of Securities 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. Any request, demand, authorization, direction, notice, consent or waiver required or permitted under this Indenture shall be in the English language.

Appears in 2 contracts

Samples: Sabra Health (Sabra Health Care REIT, Inc.), Sabra Health Care (Sabra Health Care Limited Partnership)

Notice to Holders of Securities; Waiver. Except as otherwise expressly provided hereinin or pursuant to this Indenture, where this Indenture provides for notice of holders to Holders of Securities of any event, such notice shall be sufficiently given to holders Holders of Registered Securities if in writing and mailed, first-class postage prepaid, to each holder Holder of a Registered Security affected by such event, at the his address of such holder as it appears in the Security Register, not later than the latest date, and not earlier than the earliest date, and not later than the latest date, prescribed for the giving of such notice. In case by reason of the suspension of regular mail service or by reason of any other cause it shall be impracticable to give such notice to holders of Registered Securities by mail, then such notification as shall be made with the approval of the Trustee shall constitute sufficient notice to such holders for every purpose hereunder. In any case where notice to holders Holders of Registered Securities is given by mail, neither the failure to mail such notice, nor any defect in any notice so mailed, to any particular holder Holder of a Registered Security shall affect the sufficiency of such notice with respect to other holders Holders of Registered SecuritiesSecurities given as provided herein. Notwithstanding Any notice which is mailed in the manner herein provided shall be conclusively presumed to have been duly given or provided. In the case by reason of the suspension of regular mail service or by reason of any other provision of this Indenture or any Security, where this Indenture or any Security provides for notice of any event (including any notice of redemption) cause it shall be impracticable to a Holder of a Global Security (whether by mail or otherwise), give such notice by mail, then such notification as shall be sufficiently given when delivered to made with the Depositary approval of the Trustee shall constitute a sufficient notification for such Security (or its designee) pursuant to the customary procedures of such Depositaryevery purpose hereunder. 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 holders Holders of Securities 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. Any request, demand, authorization, direction, notice, consent or waiver required or permitted under this Indenture shall be in the English language.

Appears in 2 contracts

Samples: Indenture (Radisys Corp), Radisys Corp

Notice to Holders of Securities; Waiver. Except as otherwise expressly provided herein, where this Indenture provides for notice of holders to Holders of Securities of any event, such notice shall be sufficiently given to holders of Registered Securities Holders if in writing and mailed, first-class postage prepaid, prepaid to each holder of a Registered Security Holder affected by such event, at the address of such holder Holder as it appears in the Security Register, not earlier than the earliest date, date and not later than the latest date, date prescribed for the giving of such notice. 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 Securities. In case by reason of the suspension of regular mail service or by reason of any other cause it shall be impracticable to give such notice to holders of Registered Securities by mail, then such notification as shall be made with the approval of the Trustee Trustee, which approval shall not be unreasonably withheld or delayed, shall constitute a sufficient notice notification to such holders Holders for every purpose hereunder. Such notice shall be deemed to have been given when such notice is mailed. In any case where notice addition to holders of Registered Securities is given notices by mail, neither the failure to mail such notice, nor any defect in Issuer undertakes that any notice so mailedof redemption of the Securities, to any particular holder of a Registered Security shall affect the sufficiency of such notice with respect to other holders of Registered Securities. Notwithstanding any other provision of this Indenture or any Security, where this Indenture or any Security provides for notice of any event (including any notice Change in Control and of redemption) the related redemption right arising as a result thereof, shall further include a public announcement thereof by release made to a Holder of a Global Security (whether by mail or otherwise), such notice shall be sufficiently given when delivered to the Depositary for such Security (or its designee) pursuant to the customary procedures of such DepositaryReuters Economic Services and Bloomberg Business News. 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 holders Holders of Securities 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. Any request, demand, authorization, direction, notice, consent or waiver required or permitted under this Indenture shall be in the English language.

Appears in 2 contracts

Samples: Indenture (Shire PLC), Indenture (Shire Pharmaceuticals Group PLC)

Notice to Holders of Securities; Waiver. Except as Unless otherwise herein expressly provided hereinprovided, where this Indenture provides for notice of holders of Securities to Holders of any event, such notice shall be sufficiently given to holders Holders of Registered Securities if in writing and mailed, first-class mail, postage prepaid, or delivered by hand or overnight courier to each holder Holder of a Registered Security affected by such event, at the its address of such holder as it appears in the Security Register, not later than the latest date (if any), and not earlier than the earliest date, and not later than the latest datedate (if any), prescribed for the giving of such notice; provided that notices to be given to Holders of Global Securities will be given to the Depositary, in accordance with its Applicable Procedures as in effect from time to time. In case by reason of the suspension of regular mail service or by reason of any other cause it shall be impracticable to give such notice to holders Holders of Registered Securities by mail, then such notification as shall be made given with the approval of the Trustee shall constitute a sufficient notice to such holders notification for every purpose hereunder. In any case where notice to holders Holders of Registered Securities is given by mail, neither the failure to mail such notice, nor any defect in any notice so mailed, to any particular holder Holder of a Registered Security shall affect the sufficiency of such notice with respect to other holders Holders of Registered Securities. Notwithstanding any other provision of this Indenture or any Security, where this Indenture or any Security provides for notice of any event (including any notice of redemption) to a Holder of a Global Security (whether by mail or otherwise), such notice shall be sufficiently given when delivered to the Depositary for such Security (or its designee) pursuant to the customary procedures of such Depositary. 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 holders of Securities 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. Any requestThe Trustee may rely upon and comply with instructions or directions sent via unsecured facsimile or email transmission and the Trustee shall not have any liability for any losses, demandliabilities, authorizationcosts or expenses incurred or sustained by the Company or the Holders due to the Trustee’s reliance upon and compliance with instructions or directions given by unsecured facsimile or email transmission; provided, however, that such losses have not arisen from the gross negligence or willful misconduct of the Trustee, it being understood that the failure of the Trustee to verify or confirm that the person delivering the unsecured facsimile or email transmission in which the instructions or direction, noticeare contained is, consent in fact, authorized to deliver such unsecured facsimile or waiver required email transmission does not constitute gross negligence or permitted under this Indenture shall be in the English languagewillful misconduct.

Appears in 2 contracts

Samples: Indenture (Fibria Overseas Finance Ltd.), Indenture (Fibria Celulose S.A.)

Notice to Holders of Securities; Waiver. Except as otherwise expressly provided hereinin or pursuant to this Indenture, where this Indenture provides for notice of holders to Holders of Securities of any event, such notice shall be sufficiently given to holders of Registered Securities if in writing and mailed, first-class postage prepaid, or if delivered electronically pursuant to the applicable procedures of the Depository, to each holder of a Registered Security Holder affected by such event, at the Holder’s address of such holder as it appears in the Security Register, not later than the latest date, and not earlier than the earliest date, and not later than the latest date, prescribed for the giving of such notice. In any case where notice to Holders 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 given as provided herein. Any notice which is mailed in the manner herein provided shall be conclusively presumed to have been duly given or provided. In the case by reason of the suspension of regular mail service or by reason of any other cause it shall be impracticable to give such notice to holders of Registered Securities by mail, then such notification as shall be made with the approval of the Trustee in its sole discretion shall constitute a sufficient notice to such holders notification for every purpose hereunder. In any case where notice to holders of Registered Securities is given by mail, neither the failure to mail such notice, nor any defect in any notice so mailed, to any particular holder of a Registered Security shall affect the sufficiency of such notice with respect to other holders of Registered Securities. Notwithstanding any other provision of this Indenture or any Security, where this Indenture or any Security provides for notice of any event (including any notice of redemption) to a Holder of a Global Security (whether by mail or otherwise), such notice shall be sufficiently given when delivered to the Depositary for such Security (or its designee) pursuant to the customary procedures of such Depositary. 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 holders Holders of Securities 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. Any request, demand, authorization, direction, notice, consent or waiver required or permitted under this Indenture shall be in the English language.

Appears in 2 contracts

Samples: Indenture (Apple Hospitality REIT, Inc.), Indenture (Apple Hospitality REIT, Inc.)

Notice to Holders of Securities; Waiver. Except as otherwise expressly provided herein, where Where this Indenture provides for notice of holders of Securities of any eventto Holders, such notice shall be sufficiently given to holders of Registered Securities (unless otherwise herein expressly provided) if in writing and mailed, first-class postage prepaid, to each holder of a Registered Security Holder affected by such event, event at the such Holder’s address of such holder as it appears in on the Security Registerregister kept by the Registrar, not later than the latest date (if any), and not earlier than the earliest date, and not later than the latest datedate (if any), prescribed for the giving of such notice. In case by reason of the suspension of regular mail service or by reason of any other cause it shall be impracticable to give such notice to holders of Registered Securities by mail, then such notification as shall be made with the approval of the Trustee shall constitute sufficient notice to such holders for every purpose hereunder. In any case where notice to holders of Registered Securities Holders is given by mail, neither the failure to mail such notice, nor any defect in any notice so mailed, to any particular holder of a Registered Security Holder shall affect the sufficiency of such notice with respect to other holders of Registered SecuritiesHolders. Any notice mailed to a Holder in the manner herein prescribed shall be conclusively deemed to have been received by such Holder, whether or not such Holder actually receives such notice. If the Company mails a notice or communication to Holders, it shall mail a copy to the Trustee and each Agent at the same time. Notwithstanding any other provision of this Indenture or any Security, where this Indenture or any Security provides for notice of any event (including any notice of redemption) to a Holder of a Global Security (whether by mail or otherwise), such notice shall be sufficiently given when delivered if given to the Depositary for such Security Depository (or its designee) pursuant to the customary procedures of such Depositarythe Depository. 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 holders of Securities 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. Any request, demand, authorization, direction, notice, consent In the case of the suspension of regular mail service or waiver required or permitted under this Indenture by reason of any other cause it shall be in impracticable to give such notice by mail, then such notification as shall be made with the English languageapproval of the Trustee shall constitute a sufficient notification for every purpose hereunder.

Appears in 2 contracts

Samples: Indenture (Hallmark Financial Services Inc), Indenture (WSFS Financial Corp)

Notice to Holders of Securities; Waiver. Except as otherwise expressly provided hereinherein or in the form of Securities of any particular series pursuant to the provisions of this Indenture, where this Indenture provides for notice of holders to Holders of Securities of any event, such notice shall be sufficiently given to holders Holders of Registered Securities if in writing and mailed, first-class postage prepaid, to each holder Holder of a Registered Security affected by such event, at the his address of such holder as it appears in the Security RegisterRegister (or, to the extent permitted or required by applicable DTC procedures or regulations, sent electronically), not later than the latest date, and not earlier than the earliest date, and not later than the latest date, prescribed for the giving of such notice. In case by reason of the suspension of regular mail service or by reason of any other cause it shall be impracticable to give such notice to holders of Registered Securities by mail, then such notification as shall be made with the approval of the Trustee shall constitute sufficient notice to such holders for every purpose hereunder. In any case where notice to holders Holders of Registered Securities is given by mail, neither the failure to mail such notice, nor any defect in any notice so mailed, to any particular holder Holder of a Registered Security shall affect the sufficiency of such notice with respect to other holders Holders of Registered Securities. Notwithstanding In the case by reason of the suspension of regular mail service or by reason of any other provision of this Indenture or any Security, where this Indenture or any Security provides for notice of any event (including any notice of redemption) cause it shall be impracticable to a Holder of a Global Security (whether by mail or otherwise), give such notice by mail, then such notification as shall be sufficiently given when delivered to made with the Depositary approval of the Trustee shall constitute a sufficient notification for such Security (or its designee) pursuant to the customary procedures of such Depositaryevery purpose hereunder. 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 holders Holders of Securities 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. Any requestNotwithstanding any other provision of this Indenture, demand, authorization, direction, notice, consent or waiver required or permitted under where this Indenture or any Security provides for notice of any event (including any notice of redemption or repurchase) to a Holder of a global Security (whether by mail or otherwise), such notice shall be sufficiently given if given to DTC or any other Depositary (or its designee) pursuant to the standing instructions from DTC or any other Depositary or its designee, including by electronic mail in the English languageaccordance with Applicable Procedures.

Appears in 2 contracts

Samples: Indenture (Perrigo Finance PLC), Perrigo Finance PLC

Notice to Holders of Securities; Waiver. Except as otherwise expressly provided hereinherein or in the form of Securities of any particular series pursuant to the provisions of this Indenture, where this Indenture provides for notice of holders to Holders of Securities of any event, such notice shall be sufficiently given to holders Holders of Registered Securities if in writing and mailed, first-class postage prepaid, to each holder Holder of a Registered Security affected by such event, at the his address of such holder as it appears in the Security Register, not later than the latest date, and not earlier than the earliest date, and not later than the latest date, prescribed for the giving of such notice. In case by reason of the suspension of regular mail service or by reason of any other cause it shall be impracticable to give such notice to holders of Registered Securities by mail, then such notification as shall be made with the approval of the Trustee shall constitute sufficient notice to such holders for every purpose hereunder. In any case where notice to holders Holders of Registered Securities is given by mail, neither the failure to mail such notice, nor any defect in any notice so mailed, to any particular holder Holder of a Registered Security shall affect the sufficiency of such notice with respect to other holders Holders of Registered Securities. Notwithstanding In the case by reason of the suspension of regular mail service or by reason of any other provision of this Indenture or any Security, where this Indenture or any Security provides for notice of any event (including any notice of redemption) cause it shall be impracticable to a Holder of a Global Security (whether by mail or otherwise), give such notice by mail, then such notification as shall be sufficiently given when delivered to made with the Depositary approval of the Trustee shall constitute a sufficient notification for such Security (or its designee) pursuant to the customary procedures of such Depositaryevery purpose hereunder. 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 holders Holders of Securities 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. Any request, demand, authorization, direction, notice, consent or waiver required or permitted under Notwithstanding any other provision of this Indenture or any Security, where this Indenture or any Security provides for notice of any event (including any notice of redemption or repurchase) to a Holder of a global Security (whether by mail or otherwise), such notice shall be sufficiently given if given to the Depositary (or its designee) pursuant to the standing instructions from the Depositary or its designee, including by electronic mail in the English languageaccordance with Applicable Procedures.

Appears in 2 contracts

Samples: And (Yum Brands Inc), Indenture (Yum Brands Inc)

Notice to Holders of Securities; Waiver. Except as otherwise expressly provided herein, where Where this Indenture provides for notice of holders of Securities to Holders of any event, such notice shall be sufficiently given to holders of Registered Securities (unless otherwise herein expressly provided) if in writing and mailed, first-class postage prepaid, to each holder of a Registered Security Holder affected by such event, (i) in the case of a Holder of Registered Securities, at the his address of such holder as it appears in the Security Register, and (ii) in the case of a Holder of Global Securities, at the address provided in or pursuant to the relevant Deposit Agreement of the relevant Book-Entry Depositary or Depositaries therefor, not later than the latest date, and not earlier than the earliest date, and not later than the latest date, prescribed for the giving of such notice. In case by reason of the suspension of regular mail service or by reason of any other cause it shall be impracticable to give such notice to holders of Registered Securities by mail, then such notification as shall be made with the approval of the Trustee shall constitute sufficient notice to such holders for every purpose hereunder. In any case where notice to holders of Registered Securities Holders is given by mail, neither the failure to mail such notice, nor any defect in any notice so mailed, to any particular holder of a Registered Security Holder shall affect the sufficiency of such notice with respect to other holders Holders. If, by reason of Registered Securities. Notwithstanding the suspension of regular mail service or by reason of any other provision cause, it shall be impracticable to give such notice by mail, then such notification as shall be made at the direction of this Indenture or any Securitythe Company in a manner reasonably calculated, to the extent practicable under the circumstances, to provide prompt notice shall constitute a sufficient notification for every purpose hereunder. Except as otherwise expressly provided herein, where this Indenture or any Security provides for notice to Holders of Bearer Securities of any event (including and the rules of any notice of redemption) to a Holder of a Global Security (whether by mail or otherwise)securities exchange on which such Bearer Securities are listed so require, such notice shall be sufficiently given when delivered to Holders of such Bearer Securities if published in such newspaper or newspapers as may be specified in such Securities on a Business Day at least twice, the first such publication to be not earlier than the earliest date, and not later than the latest date, prescribed for the giving of such notice. Any such notice by publication shall be deemed to have been given on the date of the first such publication. In addition, notice to the Depositary Holder of any Global Bearer Security shall be given by mail in the manner provided above. If by reason of any cause it shall be impracticable to publish any notice to Holders of Bearer Securities as provided above, then such notification to Holders of Bearer Securities as shall be given with the approval of the Trustee shall constitute sufficient notice to such Holders for such Security (or its designee) pursuant every purpose hereunder. Neither the failure to give notice by publication to Holders of Bearer Securities as provided above, nor any defect in any notice so published, shall affect the customary procedures sufficiency of such Depositarynotice with respect to other Holders of Bearer Securities or the sufficiency of any notice to Holders of Registered Securities given as provided herein. Any request, demand, authorization, direction, notice, consent, waiver or Act required or permitted under this Indenture shall be in the English language, except that any published notice may be in an official language of the country of publication. 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 holders of Securities 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. Any request, demand, authorization, direction, notice, consent or waiver required or permitted under this Indenture shall be in the English language.

Appears in 2 contracts

Samples: Southern Investments Uk Capital Trust I, PPL Electric Utilities Corp

Notice to Holders of Securities; Waiver. Except as otherwise expressly provided herein, where this Indenture provides for notice of holders to Holders of Securities of any event, such notice shall be sufficiently given to holders of Registered Securities Holders if in writing and mailed, first-class postage prepaidprepaid or delivered by an overnight delivery service, to each holder Holder of a Registered Security affected by such event, at the address of such holder Holder as it appears in the Security Register, not earlier than the earliest date, date and not later than the latest date, date prescribed for the giving of such notice. Neither the failure to mail such notice, nor any defect in any notice so mailed, to any particular Holder of a Security shall affect the sufficiency of such notice with respect to other Holders of Securities. In case by reason of the suspension of regular mail service or by reason of any other cause it shall be impracticable to give such notice to holders of Registered Securities by mail, then such notification to Holders of Securities as shall be made with the approval of the Trustee Trustee, which approval shall not be unreasonably withheld, shall constitute a sufficient notice notification to such holders Holders for every purpose hereunder. In any case where notice to holders of Registered Securities is given by mail, neither the failure to mail such notice, nor any defect in any notice so mailed, to any particular holder of a Registered Security shall affect the sufficiency of such notice with respect to other holders of Registered Securities. Notwithstanding any other provision of this Indenture or any Security, where this Indenture or any Security provides for notice of any event (including any notice of redemption) to a Holder of a Global Security (whether by mail or otherwise), such Such notice shall be sufficiently deemed to have been given when delivered to the Depositary for such Security (notice is mailed, whether or its designee) pursuant to the customary procedures of not such DepositaryHolder actually receives such notice. 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 holders Holders of Securities 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. Any request, demand, authorization, direction, notice, consent or waiver required or permitted under this Indenture shall be in the English language.

Appears in 2 contracts

Samples: Indenture (Epix Medical Inc), Indenture (Mercury Computer Systems Inc)

Notice to Holders of Securities; Waiver. Except as otherwise expressly provided hereinin or pursuant to this Indenture, where this Indenture provides for notice of holders to Holders of Securities of all or any series of any event, such notice shall be sufficiently given to holders Holders of Registered Securities of such series if in writing and writing, which may be by facsimile or other electronic transmission, or mailed, first-class postage prepaid, to each holder Holder of a Registered Security affected by such event, at the his address of such holder as it appears in the Security Register, not later than the latest date, and not earlier than the earliest date, and not later than the latest date, prescribed for the giving of such notice. In case by reason of the suspension of regular mail service or by reason of any other cause it shall be impracticable to give such notice to holders of Registered Securities by mail, then such notification as shall be made with the approval of the Trustee shall constitute sufficient notice to such holders for every purpose hereunder. In any case where notice to holders Holders of Registered Securities is given by mail, neither the failure to mail such notice, nor any defect in any notice so mailed, to any particular holder Holder of a Registered Security shall affect the sufficiency of such notice with respect to other holders Holders of Registered SecuritiesSecurities given as provided herein. Notwithstanding Any notice which is mailed in the manner herein provided shall be conclusively presumed to have been duly given or provided. In the case by reason of the suspension of regular mail service or by reason of any other provision of this Indenture or any Security, where this Indenture or any Security provides for notice of any event (including any notice of redemption) cause it shall be impracticable to a Holder of a Global Security (whether by mail or otherwise), give such notice by mail, then such notification as shall be sufficiently given when delivered to made with the Depositary approval of the Trustee shall constitute a sufficient notification for such Security (or its designee) pursuant to the customary procedures of such Depositaryevery purpose hereunder. 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 holders Holders of Securities 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. Any request, demand, authorization, direction, notice, consent or waiver required or permitted under Where this Indenture provides for notice of any event to a Holder of a Global Security, such notice shall be in sufficiently given if given to the English languageDepositary for such Security (or its designee), pursuant to the Applicable Procedures of the Depositary, not later than the latest date, if any, and not earlier than the earliest date, if any, prescribed for the giving of such notice.

Appears in 2 contracts

Samples: Indenture (JMP Group LLC), Indenture (JMP Group LLC)

Notice to Holders of Securities; Waiver. Except as Unless otherwise herein expressly provided hereinprovided, where this Indenture provides for notice of holders of Securities to Holders of any event, such notice shall be sufficiently given to holders Holders of Registered Securities if in writing and mailed, first-class postage prepaid, or delivered by hand or overnight courier to each holder Holder of a Registered Security affected by such event, at the its address of such holder as it appears in the Security Register, not later than the latest date (if any), and not earlier than the earliest date, and not later than the latest datedate (if any), prescribed for the giving of such notice. In case by reason of the suspension of regular mail service or by reason of any other cause it shall be impracticable to give such notice to holders Holders of Registered Securities by mail, then such notification as shall be made given with the approval of the Trustee shall constitute a sufficient notice to such holders notification for every purpose hereunder. In any case where notice to holders Holders of Registered Securities is given by mail, neither the failure to mail such notice, nor any defect in any notice so mailed, to any particular holder Holder of a Registered Security shall affect the sufficiency of such notice with respect to other holders Holders of Registered Securities. Notwithstanding any other provision of this Indenture or any Security, where this Indenture or any Security provides for notice of any event (including any notice of redemption) to a Holder of a Global Security (whether by mail or otherwise), such notice shall be sufficiently given when delivered to the Depositary for such Security (or its designee) pursuant to the customary procedures of such Depositary. 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 holders of Securities 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. Any request, demand, authorization, direction, notice, consent or waiver required or permitted under this Indenture shall be in the English language.

Appears in 2 contracts

Samples: Indenture (Petrobras International Finance Co), Petrobras International Finance Co

Notice to Holders of Securities; Waiver. Except as otherwise expressly provided herein, where this Indenture provides for notice of holders to Holders of Securities of any event, such notice shall be sufficiently given to holders Holders of Registered Securities if in writing and mailed, first-class postage prepaid, to each holder Holder of a Registered Security affected by such event, at the address of such holder Holder as it appears in the Security Register, not earlier than the earliest date, date and not later than the latest date, date prescribed for the giving of such notice. In case by reason of the suspension of regular mail service or by reason of any other cause it Such notice shall be impracticable conclusively deemed to give have been given and received by Holders when such notice to holders of Registered Securities by mailis mailed, then whether or not such notification as shall be made with the approval of the Trustee shall constitute sufficient notice to Holder receives such holders for every purpose hereundernotice. In any case where notice to holders Holders of Registered Securities is given by mail, neither the failure to mail such notice, nor any defect in any notice so mailed, to any particular holder Holder of a Registered Security shall affect the sufficiency of such notice with respect to other holders Holders of Registered SecuritiesSecurities given as provided above. Notwithstanding In case by reason of the suspension of or irregularities in regular mail service or by reason of any other provision of this Indenture or any Security, where this Indenture or any Security provides for notice of any event (including any notice of redemption) cause it shall be impracticable to a Holder of a Global Security (whether by mail or otherwise), give such notice by mail, then such notification to Holders of Securities as shall be sufficiently given when delivered made with the approval of the Trustee, which approval shall not be unreasonably withheld, shall constitute a sufficient notification to the Depositary such Holders for such Security (or its designee) pursuant to the customary procedures of such Depositaryevery purpose hereunder. 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 holders Holders of Securities 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. Any request, demand, authorization, direction, notice, consent or waiver required or permitted under this Indenture shall be in the English language.

Appears in 2 contracts

Samples: Indenture (Wind River Systems Inc), Indenture (Orbital Sciences Corp /De/)

Notice to Holders of Securities; Waiver. Except as otherwise expressly provided hereinin or pursuant to this Indenture, where this Indenture provides for notice of holders to Holders of Securities of any event, such notice shall be sufficiently given to holders of Registered Securities if in writing and mailed, first-class postage prepaid, or if delivered electronically pursuant to the applicable procedures of the Depository, to each holder of a Registered Security Holder affected by such event, at the such Holder’s address of such holder as it appears in the Security Register, not later than the latest date, and not earlier than the earliest date, and not later than the latest date, prescribed for the giving of such notice. In any case where notice to Holders 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 given as provided herein. Any notice which is mailed in the manner herein provided shall be conclusively presumed to have been duly given or provided. In the case by reason of the suspension of regular mail service or by reason of any other cause it shall be impracticable to give such notice to holders of Registered Securities by mail, then such notification as shall be made with the approval of the Trustee in its sole discretion shall constitute a sufficient notice to such holders notification for every purpose hereunder. In any case where notice to holders of Registered Securities is given by mail, neither the failure to mail such notice, nor any defect in any notice so mailed, to any particular holder of a Registered Security shall affect the sufficiency of such notice with respect to other holders of Registered Securities. Notwithstanding any other provision of this Indenture or any Security, where this Indenture or any Security provides for notice of any event (including any notice of redemption) to a Holder of a Global Security (whether by mail or otherwise), such notice shall be sufficiently given when delivered to the Depositary for such Security (or its designee) pursuant to the customary procedures of such Depositary. 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 holders Holders of Securities 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. Any request, demand, authorization, direction, notice, consent or waiver required or permitted under this Indenture shall be in the English language.

Appears in 2 contracts

Samples: Indenture (Avalonbay Communities Inc), Avalonbay Communities Inc

Notice to Holders of Securities; Waiver. Except as otherwise expressly provided herein, where this Indenture provides for notice of holders to Holders of Securities of any event, such notice shall be sufficiently given to holders of Registered Securities Holders if in writing and mailed, first-class postage prepaid, prepaid or delivered by an overnight delivery service to each holder Holder of a Registered Security affected by such event, at the address of such holder Holder as it appears in the Security Register, not earlier than the earliest date, date and not later than the latest date, date prescribed for the giving of such notice. Neither the failure to mail such notice, nor any defect in any notice so mailed, to any particular Holder of a Security shall affect the sufficiency of such notice with respect to other Holders of Securities. In case by reason of the suspension of regular mail service or by reason of any other cause it shall be impracticable to give such notice to holders of Registered Securities by mail, then such notification to Holders of Securities as shall be made with the approval of the Trustee Trustee, which approval shall not be unreasonably withheld, shall constitute a sufficient notice notification to such holders Holders for every purpose hereunder. In any case where notice to holders of Registered Securities is given by mail, neither the failure to mail such notice, nor any defect in any notice so mailed, to any particular holder of a Registered Security shall affect the sufficiency of such notice with respect to other holders of Registered Securities. Notwithstanding any other provision of this Indenture or any Security, where this Indenture or any Security provides for notice of any event (including any notice of redemption) to a Holder of a Global Security (whether by mail or otherwise), such Such notice shall be sufficiently deemed to have been given when delivered to on the Depositary for such Security (or its designee) pursuant to the customary procedures date of such Depositarymailing. 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 holders Holders of Securities 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. Any request, demand, authorization, direction, notice, consent or waiver required or permitted under this Indenture shall be in the English language.

Appears in 1 contract

Samples: Medarex Inc

Notice to Holders of Securities; Waiver. Except as otherwise expressly provided herein, where this Indenture provides for notice of holders to Holders of Securities (of any series) of any event, (1) such notice shall be sufficiently given to holders Holders of Registered Securities of such series if in writing and mailed, first-class postage prepaid, to each holder Holder of a Registered Security of such series affected by such event, at the his address of such holder as it appears in the Security Register, not later than the latest date, and not earlier than the earliest date, prescribed for the giving of such Notice; and (2) such notice shall be sufficiently given to Holders of Bearer Securities of such series if published in an Authorized Newspaper in the Borough of Manhattan, The City of New York and, if the Securities of such series are then listed on The Stock Exchange of the United Kingdom and the Republic of Ireland and such stock exchange shall so require, in London and, if the Securities of such series are then listed on the Luxembourg Stock Exchange and such stock exchange shall so require, in Luxembourg and, if the Securities of such series are then listed on any other stock exchange outside the United States and such stock exchange shall so require, in any other required city outside the United States or, if not practicable, in Europe, on a Business Day at least twice, the first such publication to be not earlier than the earliest date and not later than the latest date, date prescribed for the giving of such notice. In case by reason of the suspension of regular mail service or by reason of any other cause it shall be impracticable to give such notice to holders of Registered Securities by mail, then such notification as shall be made with the approval of the Trustee shall constitute a sufficient notice to such holders notification for every purpose hereunder. In any case where notice to holders Holders of Registered Securities is given by mail, neither the failure to mail such notice, nor any defect in any notice so mailed, to any particular holder Holder of a Registered Security shall affect the sufficiency of such notice with respect to other holders Holders of Registered SecuritiesSecurities or the sufficiency of any notice by publication to Holders of Bearer Securities given as provided above. Notwithstanding In case by reason of the suspension of publication of any Authorized Newspaper or Authorized Newspapers or by reason of any other provision cause it shall be impracticable to publish any notice to Holders of this Indenture or any Security, where this Indenture or any Security provides for notice Bearer Securities of any event (including series as provided above, then such notification to Holders of such Bearer Securities as shall be given with the approval of the Trustee for such series shall constitute sufficient notice to such Holders for every purpose hereunder. Neither failure to give notice by publication to Holders of Bearer Securities as provided above, nor any defect in any notice so published, shall affect the sufficiency of redemption) any notice mailed to a Holder Holders of a Global Security (whether by mail or otherwise), such notice shall be sufficiently given when delivered to the Depositary for such Security (or its designee) pursuant to the customary procedures of such DepositaryRegistered Securities as provided above. 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 holders Holders of Securities 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. Any request, demand, authorization, direction, notice, consent or waiver required or permitted under this Indenture shall be in the English language.

Appears in 1 contract

Samples: Ucu Capital Trust I

Notice to Holders of Securities; Waiver. Except as otherwise expressly provided hereinin or pursuant to this Indenture, where this Indenture provides for notice of holders to Holders of Securities of any event, such notice shall be sufficiently given to holders Holders of Registered Securities if in writing and mailed, first-class postage prepaid, (or, in the case of any global Security, pursuant to the applicable procedures of the Depositary) to each holder Holder of a Registered Security affected by such event, at the his address of such holder as it appears in the Security Register, not later than the latest date, and not earlier than the earliest date, and not later than the latest date, prescribed for the giving of such notice. In case by reason of the suspension of regular mail service or by reason of any other cause it shall be impracticable to give such notice to holders of Registered Securities by mail, then such notification as shall be made with the approval of the Trustee shall constitute sufficient notice to such holders for every purpose hereunder. In any case where notice to holders Holders of Registered Securities is given by mail, neither the failure to mail such notice, nor any defect in any notice so mailed, to any particular holder Holder of a Registered Security shall affect the sufficiency of such notice with respect to other holders Holders of Registered Securities. Notwithstanding Any notice that is sent in the manner herein provided shall be conclusively presumed to have been duly given or provided. In the case by reason of the suspension of regular mail service or by reason of any other provision of this Indenture or any Security, where this Indenture or any Security provides for notice of any event (including any notice of redemption) cause it shall be impracticable to a Holder of a Global Security (whether by mail or otherwise), give such notice by mail, then such notification as shall be sufficiently given when delivered to made with the Depositary approval of the Trustee shall constitute a sufficient notification for such Security (or its designee) pursuant to the customary procedures of such Depositaryevery purpose hereunder. 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 holders Holders of Securities 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. Any request, demand, authorization, direction, notice, consent or waiver required or permitted under this Indenture shall be in the English language.

Appears in 1 contract

Samples: Subordinated Debt Indenture (Allegiance Bancshares, Inc.)

Notice to Holders of Securities; Waiver. Except as otherwise expressly provided herein, where this Indenture provides for notice of holders to Holders of Securities of any event, such notice shall be sufficiently given to holders of Registered Securities Holders if in writing and mailed, first-class postage prepaid, or delivered by an overnight delivery service, to each holder Holder of a Registered Security affected by such event, at the address of such holder Holder as it appears in the Security Register, not earlier than the earliest date, date and not later than the latest date, date prescribed for the giving of such notice. Such notice shall be deemed to have been given when such notice is mailed. Neither the failure to mail such notice, nor any defect in any notice so mailed, to any particular Holder of a Security shall affect the sufficiency of such notice with respect to other Holders of Securities. In case by reason of the suspension of regular mail service or by reason of any other cause it shall be impracticable to give such notice to holders of Registered Securities by mail, then such notification to Holders of Securities as shall be made with the approval of the Trustee Trustee, which approval shall not be unreasonably withheld, shall constitute a sufficient notice notification to such holders Holders for every purpose hereunder. In any case where notice to holders of Registered Securities is given by mail, neither the failure to mail such notice, nor any defect in any notice so mailed, to any particular holder of a Registered Security shall affect the sufficiency of such notice with respect to other holders of Registered Securities. Notwithstanding any other provision of this Indenture or any Security, where this Indenture or any Security provides for notice of any event (including any notice of redemption) to a Holder of a Global Security (whether by mail or otherwise), such notice shall be sufficiently given when delivered to the Depositary for such Security (or its designee) pursuant to the customary procedures of such Depositary. 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 holders Holders of Securities 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. Any request, demand, authorization, direction, notice, consent or waiver required or permitted under this Indenture shall be in the English language.

Appears in 1 contract

Samples: Monmouth Real Estate Investment Corp

Notice to Holders of Securities; Waiver. Except as otherwise expressly provided hereinin or pursuant to this Indenture, where this Indenture provides for notice of holders to Holders of Securities of all or any series of any event, such notice shall be sufficiently given to holders Holders of Registered Securities of such series if in writing and mailed, first-class postage prepaid, or otherwise in accordance with the procedures of the Depositary for the Securities of such series, to each holder Holder of a Registered Security affected by such event, at the his address of such holder as it appears in the Security Register, not later than the latest date, and not earlier than the earliest date, and not later than the latest date, prescribed for the giving of such notice. In case by reason of the suspension of regular mail service or by reason of any other cause it shall be impracticable to give such notice to holders of Registered Securities by mail, then such notification as shall be made with the approval of the Trustee shall constitute sufficient notice to such holders for every purpose hereunder. In any case where notice to holders Holders of Registered Securities is given by mail, neither the failure to mail such notice, nor any defect in any notice so mailed, to any particular holder Holder of a Registered Security shall affect the sufficiency of such notice with respect to other holders Holders of Registered SecuritiesSecurities given as provided herein. Notwithstanding Any notice which is mailed in the manner herein provided shall be conclusively presumed to have been duly given or provided. In the case by reason of the suspension of regular mail service or by reason of any other provision of this Indenture or any Security, where this Indenture or any Security provides for notice of any event (including any notice of redemption) cause it shall be impracticable to a Holder of a Global Security (whether by mail or otherwise), give such notice by mail, then such notification as shall be sufficiently given when delivered to made with the Depositary approval of the Trustee shall constitute a sufficient notification for such Security (or its designee) pursuant to the customary procedures of such Depositaryevery purpose hereunder. 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 holders Holders of Securities 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. Any request, demand, authorization, direction, notice, consent or waiver required or permitted under this Indenture shall be in the English language.

Appears in 1 contract

Samples: Reconciliation And (Aptargroup, Inc.)

Notice to Holders of Securities; Waiver. Except as otherwise expressly provided herein, where this Indenture provides for notice of holders to Holders of Securities of any event, such notice shall be sufficiently given to holders of Registered Securities Holders if in writing and mailed, first-class postage prepaidprepaid or delivered by an overnight delivery service, to each holder Holder of a Registered Security affected by such event, at the address of such holder Holder as it appears in the Security Register, not earlier than the earliest date, date and not later than the latest date, date prescribed for the giving of such notice. -15- Neither the failure to mail such notice, nor any defect in any notice so mailed, to any particular Holder of a Security shall affect the sufficiency of such notice with respect to other Holders of Securities. In case by reason of the suspension of regular mail service or by reason of any other cause it shall be impracticable to give such notice to holders of Registered Securities by mail, then such notification to Holders of Securities as shall be made with the approval of the Trustee Trustee, which approval shall not be unreasonably withheld, shall constitute a sufficient notice notification to such holders Holders for every purpose hereunder. In any case where notice to holders of Registered Securities is given by mail, neither the failure to mail such notice, nor any defect in any notice so mailed, to any particular holder of a Registered Security shall affect the sufficiency of such notice with respect to other holders of Registered Securities. Notwithstanding any other provision of this Indenture or any Security, where this Indenture or any Security provides for notice of any event (including any notice of redemption) to a Holder of a Global Security (whether by mail or otherwise), such Such notice shall be sufficiently deemed to have been given when delivered to the Depositary for such Security (or its designee) pursuant to the customary procedures of such Depositarynotice is mailed. 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 holders Holders of Securities 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. Any request, demand, authorization, direction, notice, consent or waiver required or permitted under this Indenture shall be in the English language.

Appears in 1 contract

Samples: Pep Boys Manny Moe & Jack

Notice to Holders of Securities; Waiver. Except as otherwise expressly provided herein, where this Indenture provides for notice of holders to Holders of Securities of any event, such notice shall be sufficiently given to holders of Registered Securities Holders if in writing and mailed, first-class postage prepaid, or delivered by an overnight delivery service, to each holder Holder of a Registered Security affected by such event, at the address of such holder Holder as it appears in the Security Register, not earlier than the earliest date, date and not later than the latest date, date prescribed for the giving of such notice. Neither the failure to mail such notice, nor any defect in any notice so mailed, to any particular Holder of a Security shall affect the sufficiency of such notice with respect to other Holders of Securities. In case by reason of the suspension of regular mail service or by reason of any other cause it shall be impracticable to give such notice to holders of Registered Securities by mail, then such notification to Holders of Securities as shall be made with the approval of the Trustee Trustee, which approval shall not be unreasonably withheld, shall constitute a sufficient notice notification to such holders Holders for every purpose hereunder. In any case where notice to holders of Registered Securities is given by mail, neither the failure to mail such notice, nor any defect in any notice so mailed, to any particular holder of a Registered Security shall affect the sufficiency of such notice with respect to other holders of Registered Securities. Notwithstanding any other provision of this Indenture or any Security, where this Indenture or any Security provides for notice of any event (including any notice of redemption) to a Holder of a Global Security (whether by mail or otherwise), such Such notice shall be sufficiently deemed to have been given when delivered to the Depositary for such Security (or its designee) pursuant to the customary procedures of such Depositarynotice is mailed. 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 holders Holders of Securities 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. Any request, demand, authorization, direction, notice, consent or waiver required or permitted under this Indenture shall be in the English language.

Appears in 1 contract

Samples: Atmi Inc

Notice to Holders of Securities; Waiver. Except as otherwise expressly provided herein, where this Indenture provides for notice of holders of Securities of any event, such notice shall be sufficiently given to holders of Registered Securities if in writing and mailed, first-class postage prepaid, to each holder of a Registered Security affected by such event, at the address of such holder as it appears in the Security Register, or by electronic delivery, as applicable, not earlier than the earliest date, and not later than the latest date, prescribed for the giving of such notice. In case by reason of the suspension of regular mail service or electronic delivery or by reason of any other cause it shall be impracticable to give such notice to holders of Registered Securities by mailmail or electronic delivery, then such notification as shall be made with the approval of the Trustee shall constitute sufficient notice to such holders for every purpose hereunder. In any case where notice to holders of Registered Securities is given by mail, neither the failure to mail such notice, nor any defect in any notice so mailed, to any particular holder of a Registered Security shall affect the sufficiency of such notice with respect to other holders of Registered Securities. Notwithstanding any other provision of this Indenture or any Security, where this Indenture or any Security provides for notice of any event (including any notice of redemption) to a Holder of a Global Security (whether by mail or otherwise), such notice shall be sufficiently given when delivered to the Depositary for such Security (or its designee) pursuant to the customary procedures of such Depositary. 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 holders of Securities 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. Any request, demand, authorization, direction, notice, consent or waiver required or permitted under this Indenture shall be in the English language, except that any published notice may be in an official language of the country of publication.

Appears in 1 contract

Samples: Indenture (Chemours Co)

Notice to Holders of Securities; Waiver. Except as otherwise expressly provided herein, where this Indenture provides for notice of holders to Holders of Securities of any event, such notice shall be sufficiently given to holders of Registered Securities Holders if in writing and mailed, first-class postage prepaidprepaid or delivered by an overnight delivery service, to each holder Holder of a Registered Security affected by such event, at the address of such holder Holder as it appears in the Security Register, not earlier than the earliest date, if any, and not later than the latest date, if any, prescribed for the giving of such notice. Neither the failure to mail such notice, nor any defect in any notice so mailed, to any particular Holder of a Security shall affect the sufficiency of such notice with respect to other Holders of Securities. In case by reason of the suspension of regular mail service or by reason of any other cause it shall be impracticable to give such notice to holders of Registered Securities by mail, then such notification to Holders of Securities as shall be made with the approval of the Trustee Trustee, which approval shall not be unreasonably withheld, shall constitute a sufficient notice notification to such holders Holders for every purpose hereunder. In any case where notice to holders of Registered Securities is given by mail, neither the failure to mail such notice, nor any defect in any notice so mailed, to any particular holder of a Registered Security shall affect the sufficiency of such notice with respect to other holders of Registered Securities. Notwithstanding any other provision of this Indenture or any Security, where this Indenture or any Security provides for notice of any event (including any notice of redemption) to a Holder of a Global Security (whether by mail or otherwise), such notice shall be sufficiently given when delivered to the Depositary for such Security (or its designee) pursuant to the customary procedures of such Depositary. 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 holders Holders of Securities 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. Any request, demand, authorization, direction, notice, consent or waiver required or permitted under this Indenture shall be in the English language.

Appears in 1 contract

Samples: Indenture (Reliant Resources Inc)

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Notice to Holders of Securities; Waiver. Except as otherwise expressly provided hereinin or pursuant to this Indenture, where this Indenture provides for notice of holders to Holders of Securities of any event, such notice shall be sufficiently given to holders Holders of Registered Securities if in writing and mailed, first-class postage prepaid, to each holder Holder of a Registered Security affected by such event, at the his address of such holder as it appears in the Security Register, not later than the latest date, and not earlier than the earliest date, and not later than the latest date, prescribed for the giving of such notice. In case by reason of the suspension of regular mail service or by reason of any other cause it shall be impracticable to give such notice to holders of Registered Securities by mail, then such notification as shall be made with the approval of the Trustee shall constitute sufficient notice to such holders for every purpose hereunderNotice. In any case where notice to holders Holders of Registered Securities is given by mail, neither the failure to mail such notice, nor any defect in any notice so mailed, to any particular holder Holder of a Registered Security shall affect the sufficiency of such notice with respect to other holders Holders of Registered SecuritiesSecurities given as provided herein. Notwithstanding Any notice which is mailed in the manner herein provided shall be conclusively presumed to have been duly given or provided. In the case by reason of the suspension of regular mail service or by reason of any other provision of this Indenture or any Security, where this Indenture or any Security provides for notice of any event (including any notice of redemption) cause it shall be impracticable to a Holder of a Global Security (whether by mail or otherwise), give such notice by mail, then such notification as shall be sufficiently given when delivered to made with the Depositary approval of the Trustee shall constitute a sufficient notification for such Security (or its designee) pursuant to the customary procedures of such Depositaryevery purpose hereunder. 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 holders Holders of Securities 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. Any request, demand, authorization, direction, notice, consent or waiver required or permitted under this Indenture shall be in the English language.

Appears in 1 contract

Samples: Indenture (Advanta Corp)

Notice to Holders of Securities; Waiver. Except as otherwise expressly provided herein, where this Indenture provides for notice of holders of Securities to Holders of any event, such notice shall be sufficiently given given, and shall be deemed given, to holders of Registered Securities Holders if in writing and mailed, first-class postage prepaid, to each holder of a Registered Security Holder affected by such event, at the address of such holder Holder as it appears in the Security Register, not later than the latest date, if any, and not earlier than the earliest date, and not later than the latest dateif any, prescribed for the giving of such notice. In case Any notice that is mailed in the manner herein provided shall be conclusively presumed to have been duly given or provided, whether or not such notice is received by the Holder. If by reason of the suspension of regular mail service or by reason of any other cause it shall be impracticable to give such notice to holders of Registered Securities Holders by mail, then such notification as shall be made with the approval of the Trustee shall constitute a sufficient notice to such holders notification for every purpose hereunder. In any case where notice to holders of Registered Securities Holders is given by mail, neither the failure to mail such notice, nor any defect in any notice so mailed, to any particular holder of a Registered Security Holder shall affect the sufficiency of such notice with respect to other holders of Registered SecuritiesHolders. Notwithstanding any other provision of Any notice required by this Indenture or any Security, where this Indenture or any Security provides for notice of any event (including any notice of redemption) to a Holder of a Global Security (whether by mail or otherwise), such notice shall be sufficiently given when delivered to the Depositary for such Security (or its designee) pursuant to the customary procedures of such Depositary. 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 eventevent otherwise to be specified therein, and such waiver shall be the equivalent of such notice. Waivers of notice by holders of Securities 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. Any request, demand, authorization, direction, notice, consent or waiver required or permitted under this Indenture shall be in the English language.

Appears in 1 contract

Samples: Indenture (United Natural Foods Inc)

Notice to Holders of Securities; Waiver. Except as otherwise expressly provided herein, where Where this Indenture provides for notice of holders of Securities of any eventto Holders, such notice shall be sufficiently given to holders of Registered Securities (unless otherwise herein expressly provided) if in writing and mailed, first-class postage prepaid, to each holder of a Registered Security Holder affected by such event, event at the such Hxxxxx’s address of such holder as it appears in on the Security Registerregister kept by the Registrar, not later than the latest date (if any), and not earlier than the earliest date, and not later than the latest datedate (if any), prescribed for the giving of such notice. In case by reason of the suspension of regular mail service or by reason of any other cause it shall be impracticable to give such notice to holders of Registered Securities by mail, then such notification as shall be made with the approval of the Trustee shall constitute sufficient notice to such holders for every purpose hereunder. In any case where notice to holders of Registered Securities Holders is given by mail, neither the failure to mail such notice, nor any defect in any notice so mailed, to any particular holder of a Registered Security Holder shall affect the sufficiency of such notice with respect to other holders of Registered SecuritiesHolders. Any notice mailed to a Holder in the manner herein prescribed shall be conclusively deemed to have been received by such Holder, whether or not such Holder actually receives such notice. If the Company mails a notice or communication to Holders, it shall mail a copy to the Trustee and each Agent at the same time. Notwithstanding any other provision of this Indenture or any Security, where this Indenture or any Security provides for notice of any event (including any notice of redemption) to a Holder of a Global Security (whether by mail or otherwise), such notice shall be sufficiently given when delivered if given to the Depositary for such Security Depository (or its designee) pursuant to the customary procedures of such Depositarythe Depository . 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 holders of Securities 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. Any request, demand, authorization, direction, notice, consent In the case of the suspension of regular mail service or waiver required or permitted under this Indenture by reason of any other cause it shall be in impracticable to give such notice by mail, then such notification as shall be made with the English languageapproval of the Trustee shall constitute a sufficient notification for every purpose hereunder.

Appears in 1 contract

Samples: Indenture (WSFS Financial Corp)

Notice to Holders of Securities; Waiver. Except as otherwise expressly provided herein, where this Indenture provides for notice of to holders of Securities of any event, such notice shall be sufficiently given to holders of Registered Securities if in writing and mailed, first-class postage prepaid, to each holder of a Registered Security affected by such event, at the address of such holder as it appears in the Security Register, not earlier than the earliest date, and not later than the latest date, prescribed for the giving of such notice. In case by reason of the suspension of regular mail service or by reason of any other cause it shall be impracticable to give such notice to holders of Registered Securities by mail, then such notification as shall be made with the approval of the Trustee shall constitute sufficient notice to such holders holder for every purpose hereunder. In any case where notice to holders of Registered Securities is given by mail, neither the failure to mail such notice, nor any defect in any notice so mailed, mailed to any particular holder of a Registered Security shall affect the sufficiency of such notice with respect to other holders of Registered Securities. Notwithstanding any other provision of this Indenture or any Security, where this Indenture or any Security provides for notice of any event (including any notice of redemption) to a Holder of a Global Security (whether by mail or otherwise), such notice shall be sufficiently Securities given when delivered to the Depositary for such Security (or its designee) pursuant to the customary procedures of such Depositaryas provided herein. 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 holders of Securities 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. Any request, demand, authorization, direction, notice, consent or waiver required or permitted under this Indenture shall be in the English language.SECTION 13.05

Appears in 1 contract

Samples: Kmart Corp

Notice to Holders of Securities; Waiver. Except as otherwise expressly provided herein, where Where this Indenture provides for notice of holders of Securities of any eventto Holders, such notice shall be sufficiently given to holders of Registered Securities (unless otherwise herein expressly provided) if in writing and mailed, first-class postage prepaid, to each holder of a Registered Security Holder affected by such event, event at the such Hxxxxx’s address of such holder as it appears in on the Security Registerregister kept by the Registrar, not later than the latest date (if any), and not earlier than the earliest date, and not later than the latest datedate (if any), prescribed for the giving of such notice. In case by reason of the suspension of regular mail service or by reason of any other cause it shall be impracticable to give such notice to holders of Registered Securities by mail, then such notification as shall be made with the approval of the Trustee shall constitute sufficient notice to such holders for every purpose hereunder. In any case where notice to holders of Registered Securities Holders is given by mail, neither the failure to mail such notice, nor any defect in any notice so mailed, to any particular holder of a Registered Security Holder shall affect the sufficiency of such notice with respect to other holders of Registered SecuritiesHolders. Any notice mailed to a Holder in the manner herein prescribed shall be conclusively deemed to have been received by such Holder, whether or not such Holder actually receives such notice. If the Company mails a notice or communication to Holders, it shall mail a copy to the Trustee and each Agent at the same time. Notwithstanding any other provision of this Indenture or any Security, where this Indenture or any Security provides for notice of any event (including any notice of redemption) to a Holder of a Global Security (whether by mail or otherwise), such notice shall be sufficiently given when delivered if given to the Depositary for such Security (or its designee) pursuant to the customary procedures of such the Depositary. 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 holders of Securities 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. Any request, demand, authorization, direction, notice, consent In the case of the suspension of regular mail service or waiver required or permitted under this Indenture by reason of any other cause it shall be in impracticable to give such notice by mail, then such notification as shall be made with the English languageapproval of the Trustee shall constitute a sufficient notification for every purpose hereunder.

Appears in 1 contract

Samples: Indenture (WSFS Financial Corp)

Notice to Holders of Securities; Waiver. Except as otherwise expressly provided herein, where this Indenture provides for notice of holders to Holders of Securities of any event, such notice shall be sufficiently given to holders of Registered Securities Holders if in writing and mailed, first-class postage prepaid, to each holder Holder of a Registered Security affected by such event, at the address of such holder Holder as it appears in the Security Register, not earlier than the earliest date, date and not later than the latest date, date prescribed for the giving of such notice. Neither the failure to mail such notice, nor any defect in any notice so mailed, to any particular Holder of a Registered Security shall affect the sufficiency of such notice with respect to other Holders of Registered Securities. In case by reason of the suspension of regular mail service or by reason of any other cause it shall be impracticable to give such notice to holders of Registered Securities by mail, then such notification to Holders of Registered Securities as shall be made with the approval of the Trustee Trustee, which approval shall not be unreasonably withheld or delayed, shall constitute a sufficient notice notification to such holders Holders for every purpose hereunder. Such notice shall be deemed to have been given when such notice is mailed. In any case where notice addition to holders of Registered Securities is given notices by mail, neither the failure to mail such notice, nor any defect in Company undertakes that any notice so mailedof redemption of the Securities, to any particular holder of a Registered Security shall affect the sufficiency of such notice with respect to other holders of Registered Securities. Notwithstanding any other provision of this Indenture or any Security, where this Indenture or any Security provides for notice of any event (including any notice Change in Control and of redemption) the related repurchase right arising as a result thereof, shall further include a public announcement thereof by release made to a Holder of a Global Security (whether by mail or otherwise), such notice shall be sufficiently given when delivered to the Depositary for such Security (or its designee) pursuant to the customary procedures of such DepositaryReuters Economic Services and Bloomberg Business News. 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 holders Holders of Securities 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. Any request, demand, authorization, direction, notice, consent or waiver required or permitted under this Indenture shall be in the English language.

Appears in 1 contract

Samples: Indenture (Cor Therapeutics Inc / De)

Notice to Holders of Securities; Waiver. Except as otherwise expressly provided herein, where this Indenture provides for notice of holders to Holders of Securities of any event, such notice shall be sufficiently given to holders Holders of Registered Securities if published in writing and mailed, first-class postage prepaid, to each holder of a Registered Security affected by such event, at the address of such holder as it appears an Authorized Newspaper in the Security RegisterCity of London, England and, so long as the Securities are listed on the Luxemburg Stock Exchange, in Luxembourg or, if not practicable in London, England or Luxembourg, elsewhere in any country in Western Europe, and in The City of New York on a Business Day at least twice, the first such publication to be not earlier than the earliest date, date and the second such publication to be not later than the latest date, date herein prescribed for the giving of such notice. In case addition, notices to any Holder of Registered Securities shall be given by reason first class mail, postage prepaid, to such Holders at the address of such Holder as it appears in the Security Register 15 days prior to such mailing, not earlier than the earliest date and not later than the latest date prescribed for the giving of such notice. Neither the failure to give notice nor any defect in any notice to any Holder shall affect the sufficiency of any notice to any other Holder. If, due to the suspension of publication of any Authorized Newspaper or Authorized Newspapers or any other cause it shall be impracticable to publish any notice as provided above, or if, due to the suspension of regular mail service or by reason of any other cause it shall be impracticable to give such notice to holders of Registered Securities by mail, then such notification as shall be made with given in a manner approved by the Trustee, which approval of the Trustee shall not be unreasonably withheld, shall constitute sufficient notice to such holders Holders for every purpose hereunder. In any case where notice Notice given pursuant to holders of Registered Securities is this Section shall be deemed to have been given by mail, neither on the failure to mail such notice, nor any defect in any notice so mailed, to any particular holder of a Registered Security shall affect the sufficiency of date such notice with respect to other holders of Registered Securities. Notwithstanding any other provision of this Indenture is published or any Security, where this Indenture or any Security provides for notice of any event (including any notice of redemption) to a Holder of a Global Security (whether by mail or otherwise), such notice shall be sufficiently given when delivered to the Depositary for such Security (or its designee) pursuant to the customary procedures of such Depositarymailed. Where this Indenture provides for notice in any mannernotice, 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 holders Holders of Securities 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. Any request, demand, authorization, direction, notice, consent or waiver required or permitted under this Indenture shall be in the English language.

Appears in 1 contract

Samples: Indenture (Macerich Co)

Notice to Holders of Securities; Waiver. Except Unless otherwise provided as contemplated by Section 301 with respect to any series of Securities, or any Tranche thereof, and except as otherwise expressly provided herein, where this Indenture provides for notice of holders of Securities to Holders of any event, such notice shall be sufficiently given given, and shall be deemed given, to holders of Registered Securities Holders if in writing and mailed, first-class postage prepaid, to each holder of a Registered Security Holder affected by such event, at the address of such holder Holder as it appears in the Security Register, not later than the latest date, and not earlier than the earliest date, and not later than the latest dateif any, prescribed for the giving of such notice; provided that the Company, the Trustee and one or more Holders may from time to time agree in writing that notices to such Holders may or shall be given by a different method. In case by reason of the suspension of regular mail service or by reason of any other cause it shall be impracticable to give such notice to holders of Registered Securities Holders by mail, then such notification as shall be made with the approval of the Trustee shall constitute a sufficient notice to such holders notification for every purpose hereunder. In any case where notice to holders of Registered Securities Holders is given by mail, neither the failure to mail such notice, nor any defect in any notice so mailed, to any particular holder of a Registered Security Holder shall affect the sufficiency of such notice with respect to other holders of Registered SecuritiesHolders. Notwithstanding any other provision of Any notice required by this Indenture or any Security, where this Indenture or any Security provides for notice of any event (including any notice of redemption) to a Holder of a Global Security (whether by mail or otherwise), such notice shall be sufficiently given when delivered to the Depositary for such Security (or its designee) pursuant to the customary procedures of such Depositary. 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 eventevent otherwise to be specified therein, and such waiver shall be the equivalent of such notice. Waivers of notice by holders of Securities 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. Any request, demand, authorization, direction, notice, consent or waiver required or permitted under this Indenture shall be in the English language.

Appears in 1 contract

Samples: Florida Power & Light Co

Notice to Holders of Securities; Waiver. Except as otherwise expressly provided hereinherein or in the form of Securities of any particular series pursuant to the terms of this Indenture, where this Indenture provides for notice of holders to Holders of Securities of any event, such notice shall be sufficiently given to holders Holders of Registered Securities if in writing and mailed, first-class postage prepaid, to each holder Holder of a Registered Security affected by such event, at the address of such holder Holder as it appears in the Security Register, not earlier than the earliest date, date and not later than the latest date, date prescribed for the giving of such Notice. In any case where notice to Holders of Securities is given by mail, neither the failure to mail such notice, nor any defect in any notice so mailed, to any particular Holder of a Security shall affect the sufficiency of such notice with respect to other Holders of Securities. In case by reason of the suspension of regular mail service or by reason of any other cause it shall be impracticable to give such notice to holders of Registered Securities by mail, then such notification to Holders of Securities as shall be made with the approval of the Trustee Trustee, shall constitute a sufficient notice notification to such holders Holders for every purpose hereunder. In any case where notice to holders of Registered Securities is given by mail, neither the failure to mail such notice, nor any defect in any notice so mailed, to any particular holder of a Registered Security shall affect the sufficiency of such notice with respect to other holders of Registered Securities. Notwithstanding any other provision of this Indenture or any Security, where this Indenture or any Security provides for notice of any event (including any notice of redemption) to a Holder of a Global Security (whether by mail or otherwise), such notice shall be sufficiently given when delivered to the Depositary for such Security (or its designee) pursuant to the customary procedures of such Depositary. 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 holders Holders of Securities 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. Any request, demand, authorization, direction, notice, consent or waiver required or permitted under this Indenture shall be in the English language.

Appears in 1 contract

Samples: Gatx Capital Corp

Notice to Holders of Securities; Waiver. Except as Unless otherwise herein expressly provided hereinprovided, where this Indenture provides for notice of holders of Securities to Holders of any event, such notice shall be sufficiently given to holders Holders of Registered Securities if in writing and mailed, first-class mail, postage prepaid, or delivered by hand or overnight courier to each holder Holder of a Registered Security affected by such event, at the its address of such holder as it appears in the Security Register, not later than the latest date (if any), and not earlier than the earliest date, and not later than the latest datedate (if any), prescribed for the giving of such notice; provided that notices to be given to Holders of Global Securities will be given to the Depositary, in accordance with its Applicable Procedures as in effect from time to time. In case by reason of the suspension of regular mail service or by reason of any other cause it shall be impracticable to give such notice to holders Holders of Registered Securities by mail, then such notification as shall be made given with the approval of the Trustee shall constitute a sufficient notice to such holders notification for every purpose hereunder. In any case where notice to holders Holders of Registered Securities is given by mail, neither the failure to mail such notice, nor any defect in any notice so mailed, to any particular holder Holder of a Registered Security shall affect the sufficiency of such notice with respect to other holders Holders of Registered Securities. Notwithstanding any other provision of this Indenture or any Security, where this Indenture or any Security provides for notice of any event (including any notice of redemption) to a Holder of a Global Security (whether by mail or otherwise), such notice shall be sufficiently given when delivered to the Depositary for such Security (or its designee) pursuant to the customary procedures of such Depositary. 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 holders of Securities 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. Any requestThe Trustee may rely upon and comply with instructions or directions sent via unsecured facsimile or email transmission and the Trustee shall not have any liability for any losses, demandliabilities, authorizationcosts or expenses incurred or sustained by the Company, Fibria or the Holders due to the Trustee’s reliance upon and compliance with instructions or directions given by unsecured facsimile or email transmission; provided, however, that such losses have not arisen from the gross negligence or willful misconduct of the Trustee, it being understood that the failure of the Trustee to verify or confirm that the person delivering the unsecured facsimile or email transmission in which the instructions or direction, noticeare contained is, consent in fact, authorized to deliver such unsecured facsimile or waiver required email transmission does not constitute gross negligence or permitted under this Indenture shall be in the English languagewillful misconduct.

Appears in 1 contract

Samples: Fibria Celulose S.A.

Notice to Holders of Securities; Waiver. Except as otherwise expressly provided hereinin or pursuant to this Indenture, where this Indenture provides for notice of holders to Holders of Securities of any event, such notice shall be sufficiently given (unless otherwise herein expressly provided) to holders Holders of Registered Securities if in writing and mailed, first-class postage prepaid, certified or registered, return receipt requested, or by overnight air courier guaranteeing next day delivery or delivered by electronic transmission to each holder Holder of a Registered Security affected by such event, at the such Holder’s address of such holder as it appears in the Security Register, not later than the latest date, and not earlier than the earliest date, and not later than the latest date, prescribed for the giving of such notice. In case Any notice or communication shall also be so mailed to any Person described in Trust Indenture Act Section 313(c), to the extent required by reason of the suspension of regular Trust Indenture Act. Failure to mail service a notice or by reason of communication to a Holder or any other cause defect in it shall be impracticable not affect its sufficiency with respect to give such notice to holders of Registered Securities by mail, then such notification as shall be made with the approval of the Trustee shall constitute sufficient notice to such holders for every purpose hereunder. other Holders In any case where notice to holders Holders of Registered Securities is given by mail, neither the failure to mail such notice, nor any defect in any notice so mailed, to any particular holder Holder of a Registered Security shall affect the sufficiency of such notice with respect to other holders Holders of Registered Securities. Notwithstanding Securities In the case by reason of the suspension of regular mail service or by reason of any other provision of this Indenture or any Security, where this Indenture or any Security provides for notice of any event (including any notice of redemption) cause it shall be impracticable to a Holder of a Global Security (whether by mail or otherwise), give such notice by mail, then such notification as shall be sufficiently given when delivered to made with the Depositary approval of the Trustee shall constitute a sufficient notification for such Security (or its designee) pursuant to the customary procedures of such Depositaryevery purpose hereunder. 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 holders Holders of Securities 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. Any request, demand, authorization, direction, notice, consent or waiver required or permitted under Where this Indenture provides for notice of any event to a Holder of a Global Security, such notice shall be sufficiently given if given to the Depository for such Security (or its designee), pursuant to the Applicable Procedures of the Depository, not later than the latest date, if any, and not earlier than the earliest date, if any, prescribed for the giving of such notice. If a notice or communication is made in the English languagemanner provided above within the time prescribed, it is duly given, whether or not the addressee receives it. If the Issuer gives notice or communication to Holders, it shall provide a copy to the Trustee and each Agent, as applicable, at the same time.

Appears in 1 contract

Samples: Indenture (HCA Holdings, Inc.)

Notice to Holders of Securities; Waiver. Except as otherwise expressly provided herein, where this Indenture provides for notice of holders to Holders of Securities of any event, such notice shall be sufficiently given to holders of Registered Securities Holders if in writing and mailed, first-class postage prepaid, or telecopied (receipt confirmed), or delivered by an overnight delivery service, to each holder Holder of a Registered Security affected by such event, at the address of such holder Holder as it appears in the Security Register, not earlier than the earliest date, date and not later than the latest date, date prescribed for the giving of such notice. Neither the failure to mail or deliver such notice, nor any defect in any notice so mailed or delivered, to any particular Holder of a Security shall affect the sufficiency of such notice with respect to other Holders of Securities. In case by reason of the suspension of regular mail service or by reason of any other cause it shall be impracticable to give such notice to holders of Registered Securities by mail, then such notification to Holders of Securities as shall be made with the approval of the Trustee shall constitute a sufficient notice notification to such holders Holders for every purpose hereunder. In any case where notice to holders of Registered Securities is given by mail, neither the failure to mail such notice, nor any defect in any notice so mailed, to any particular holder of a Registered Security shall affect the sufficiency of such notice with respect to other holders of Registered Securities. Notwithstanding any other provision of this Indenture or any Security, where this Indenture or any Security provides for notice of any event (including any notice of redemption) to a Holder of a Global Security (whether by mail or otherwise), such Such notice shall be sufficiently deemed to have been given when such notice is mailed or delivered to the Depositary for overnight delivery service, as applicable, and shall be conclusively deemed to have been received by such Security (Holder, whether or its designee) pursuant to the customary procedures of not such DepositaryHolder actually receives such notice. 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 holders Holders of Securities 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. Any request, demand, authorization, direction, notice, consent or waiver required or permitted under this Indenture shall be in the English language.

Appears in 1 contract

Samples: Collegiate Pacific Inc

Notice to Holders of Securities; Waiver. Except as otherwise expressly provided hereinin or pursuant to the provisions of this Indenture, where this Indenture provides for notice of holders to Holders of Securities of any event, such notice shall be sufficiently given to holders Holders of Registered Securities if in writing and mailed, mailed by United States first-class mail, postage prepaid, to each holder Holder of a Registered Security affected by such event, at the his address of such holder as it appears in the Security Register, not later than the latest date, and not earlier than the earliest date, and not later than the latest date, prescribed for the giving of such notice. In any case where notice to Holders of Securities is given by mail, neither the failure to mail such notice, nor any defect in any notice so mailed, to any particular Holder of a Security shall affect the sufficiency of such notice with respect to other Holders of Securities. Any notice that is mailed in the manner herein provided shall be conclusively presumed to have been duly given or provided. In case by reason of the suspension of regular mail service or by reason of any other cause it shall be impracticable to give such notice to holders Holders of Registered Securities by mail, then such notification as shall be made with the approval of the Trustee shall constitute a sufficient notice to such holders notification for every purpose hereunder. In any case where notice to holders of Registered Securities is given by mail, neither the failure to mail such notice, nor any defect in any notice so mailed, to any particular holder of a Registered Security shall affect the sufficiency of such notice with respect to other holders of Registered Securities. Notwithstanding any other provision of this Indenture or any Security, where this Indenture or any Security provides for notice of any event (including any notice of redemption) to a Holder of a Global Security (whether by mail or otherwise), such notice shall be sufficiently given when delivered to the Depositary for such Security (or its designee) pursuant to the customary procedures of such Depositary. 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 holders Holders of Securities 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. Any request, demand, authorization, direction, notice, consent or waiver required or permitted under this Indenture shall be in the English language.

Appears in 1 contract

Samples: Indenture (American General Corp /Tx/)

Notice to Holders of Securities; Waiver. Except as otherwise expressly provided hereinin or pursuant to this Indenture or in the form of Securities of any particular series issued pursuant to the provisions of this Indenture, where this Indenture provides for notice of holders Holders of Securities of any event, such notice shall be sufficiently given to holders Holders of Registered Securities if in writing and mailed, first-class postage prepaid, to each holder Holder of a Registered Security affected by such event, at the his address of such holder as it appears in the Security Register, not later than the latest date (if any), and not earlier than the earliest date, and not later than the latest datedate (if any), prescribed for the giving of such notice. In any case where notice to Holders of Securities is given by mail, neither the failure to mail such notice, nor any defect in any notice so mailed, to any particular Holder of a Security shall affect the sufficiency of such notice with respect to other Holders of Securities. Any notice which is mailed in the manner herein provided shall be conclusively presumed to have been duly given or provided. In case by reason of the suspension of regular mail service or by reason of any other cause it shall be impracticable to give such notice to holders of Registered Securities by mail, mail then such notification as shall be made with the approval of the Trustee shall constitute a sufficient notice to such holders notification for every purpose hereunder. In any case where notice to holders of Registered Securities is given by mail, neither the failure to mail such notice, nor any defect in any notice so mailed, to any particular holder of a Registered Security shall affect the sufficiency of such notice with respect to other holders of Registered Securities. Notwithstanding any other provision of this Indenture or any Security, where this Indenture or any Security provides for notice of any event (including any notice of redemption) to a Holder of a Global Security (whether by mail or otherwise), such notice shall be sufficiently given when delivered to the Depositary for such Security (or its designee) pursuant to the customary procedures of such Depositary. Where this Indenture provides for notice in of 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 holders Holders of Securities shall be filed with the Trustee, but such filing shall not be a condition condition, precedent to the validity of any action taken in reliance upon such waiver. Any request, demand, authorization, direction, notice, consent or waiver required or permitted under this Indenture shall be in the English language.

Appears in 1 contract

Samples: Consumer Portfolio Services Inc

Notice to Holders of Securities; Waiver. Except as otherwise expressly provided hereinin or pursuant to this Indenture, where this Indenture provides for notice of holders to Holders of Securities of any event, (1) such notice shall be sufficiently given to holders Holders of Registered Securities if in writing and mailed, first-class postage prepaid, to each holder Holder of a Registered Security affected by such event, at the his address of such holder as it appears in the Security Register, not later than the latest date, and not earlier than the earliest date, and not later than the latest date, prescribed for the giving of such notice. In case by reason of the suspension of regular mail service or by reason of any other cause it ; and (2) such notice shall be impracticable sufficiently given to give Holders of Bearer Securities, if any, if published in an Authorized Newspaper in The City of New York and, if such notice to holders of Registered Securities by mailare then listed on any stock exchange outside the United States, then in an Authorized Newspaper in such notification city as the Issuer shall be made with the approval of advise the Trustee shall constitute sufficient notice that such stock exchange so requires, on a Business Day at least twice, the first such publication to be not earlier than the earliest date and the second such holders publication not later than the latest date prescribed for every purpose hereunderthe giving of such notice. In any case where notice to holders Holders of Registered Securities is given by mail, neither the failure to mail such notice, nor any defect in any notice so mailed, to any particular holder Holder of a Registered Security shall affect the sufficiency of such notice with respect to other holders Holders of Registered SecuritiesSecurities or the sufficiency of any notice to Holders of Bearer Securities given as provided herein. Notwithstanding Any notice which is mailed in the manner herein provided shall be conclusively presumed to have been duly given or provided. In the case by reason of the suspension of regular mail service or by reason of any other provision cause it shall be impracticable to give such notice by mail, then such notification as shall be made with the approval of this Indenture or any Security, where this Indenture or any Security provides the Trustee shall constitute a sufficient notification for notice every purpose hereunder. In case by reason of the suspension of publication of any event (including Authorized Newspaper or Authorized Newspapers or by reason of any other cause it shall be impracticable to publish any notice to Holders of redemption) Bearers Securities as provided above, then such notification to a Holder Holders of a Global Security (whether by mail or otherwise), such notice Bearer Securities as shall be sufficiently given when delivered with the approval of the Trustee shall constitute sufficient notice to such Holders for every purpose hereunder. Neither failure to give notice by publication to Holders of Bearer Securities as provided above, nor any defect in any notice so published, shall affect the Depositary for such Security (or its designee) pursuant sufficiency of any notice mailed to the customary procedures Holders of such DepositaryRegistered Securities as provided above. 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 holders Holders of Securities 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. Any request, demand, authorization, direction, notice, consent or waiver required or permitted under this Indenture shall be in the English languageSection 107.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Tower Realty Trust Inc)

Notice to Holders of Securities; Waiver. Except as otherwise expressly provided hereinherein or in the form of Securities of any particular series pursuant to the provisions of this Indenture, where this Indenture provides for notice of holders to Holders of Securities of any event, such notice shall be sufficiently given to holders Holders of Registered Securities if in writing and mailed, first-class postage prepaid, to each holder Holder of a Registered Security affected by such event, at the such Holder's address of such holder as it appears in the Security Register, not later than the latest date, and not earlier than the earliest date, and not later than the latest date, prescribed for the giving of such notice. In any case where notice to Holders of Securities is given by mail, neither the failure to mail such notice, nor any defect in any notice so mailed, to any particular Holder of a Security shall affect the sufficiency of such notice with respect to other Holders of Securities given as provided herein. In case by reason of the suspension of regular mail service or by reason of any other cause it shall be impracticable to give such notice to holders of Registered Securities by mail, then such notification as shall be made with the approval of the Trustee shall constitute a sufficient notice to such holders notification for every purpose hereunder. In any case where notice to holders of Registered Securities is given by mail, neither the failure to mail such notice, nor any defect in any notice so mailed, to any particular holder of a Registered Security shall affect the sufficiency of such notice with respect to other holders of Registered Securities. Notwithstanding any other provision of this Indenture or any Security, where this Indenture or any Security provides for notice of any event (including any notice of redemption) to a Holder of a Global Security (whether by mail or otherwise), such notice shall be sufficiently given when delivered to the Depositary for such Security (or its designee) pursuant to the customary procedures of such Depositary. 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 holders Holders of Securities 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. Any request, demand, authorization, direction, notice, consent or waiver required or permitted under this Indenture shall be in the English language.

Appears in 1 contract

Samples: Indenture (Kimco Realty Corp)

Notice to Holders of Securities; Waiver. Except as otherwise expressly provided hereinin or pursuant to this Indenture, where this Indenture provides for notice of holders to Holders of Securities of any event, such notice shall be sufficiently given to holders Holders of Registered Securities if in writing and mailed, first-class postage prepaid, to each holder Holder of a Registered Security affected by such event, at the his address of such holder as it appears in the Security Register, not later than the latest date, and not earlier than the earliest date, and not later than the latest date, prescribed for the giving of such notice. In case by reason of the suspension of regular mail service or by reason of any other cause it shall be impracticable to give such notice to holders of Registered Securities by mail, then such notification as shall be made with the approval of the Trustee shall constitute sufficient notice to such holders for every purpose hereunder. In any case where notice to holders Holders of Registered Securities is given by mail, neither the failure to mail such notice, nor any defect in any notice so mailed, to any particular holder Holder of a Registered Security shall affect the sufficiency of such notice with respect to other holders Holders of Registered SecuritiesSecurities given as provided herein. Notwithstanding Any notice which is mailed in the manner herein provided shall be conclusively presumed to have been duly given or provided. In the case by reason of the suspension of regular mail service or by reason of any other provision of this Indenture or any Security, where this Indenture or any Security provides for notice of any event (including any notice of redemption) cause it shall be impracticable to a Holder of a Global Security (whether by mail or otherwise), give such notice by mail, then such notification as shall be sufficiently given when delivered to made with the Depositary approval of the Trustee shall constitute a sufficient notification for such Security (or its designee) pursuant to the customary procedures of such Depositaryevery purpose hereunder. 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 holders Holders of Securities 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. Any request, demand, authorization, direction, notice, consent or waiver required or permitted under this Indenture shall be in the English language.

Appears in 1 contract

Samples: Fourth Supplemental Indenture (Triton Energy Corp)

Notice to Holders of Securities; Waiver. Except as otherwise expressly provided herein, where this Indenture provides for notice of holders to Holders of Securities of any event, such notice shall be sufficiently given to holders Holders of Registered Securities if published in an Authorized Newspaper in The City of New York on a Business Day at least twice, the first such publication to be not earlier than the earliest date and the second not later than the latest date prescribed for the giving of such notice, and given in writing and mailed, first-class postage prepaid, to each holder Holder of a Registered Security affected by such event, at the address of such holder Holder as it appears in the Security Register, not earlier than the earliest date, date and not later than the latest date, date prescribed for the giving of such notice. In case by reason of the suspension of publication of any Authorized Newspaper or Authorized Newspapers or by reason of any other cause it shall be impracticable to publish any notice to Holders of Securities as provided above, then such notification to Holders of Securities as shall be given with the approval of the Trustee shall constitute sufficient notice to such Holders for every purpose hereunder. In any case where notice to Holders of Securities is given by mail, neither the failure to mail such notice, nor any defect in any notice so mailed, to any particular Holder of a Security shall affect the sufficiency of such notice with respect to other Holders of Securities. In case by reason of the suspension of regular mail service or by reason of any other cause it shall be impracticable to give such notice to holders of Registered Securities by mail, then such notification to Holders of Securities as shall be made with the approval of the Trustee shall constitute a sufficient notice notification to such holders Holders for every purpose hereunder. In any case where notice Such notices shall be deemed to holders of Registered Securities is have been given by mail, neither on the failure to mail such notice, nor any defect in any notice so mailed, to any particular holder of a Registered Security shall affect the sufficiency date of such notice with respect to other holders publication or mailing or, if published in Authorized Newspapers on different dates, on the date of Registered Securities. Notwithstanding any other provision of this Indenture or any Security, where this Indenture or any Security provides for notice of any event (including any notice of redemption) to a Holder of a Global Security (whether by mail or otherwise), the first such notice shall be sufficiently given when delivered to the Depositary for such Security (or its designee) pursuant to the customary procedures of such Depositarypublication. 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 holders of Securities 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. Any request, demand, authorization, direction, notice, consent or waiver required or permitted under this Indenture shall be in the English language.

Appears in 1 contract

Samples: Indenture (Comverse Technology Inc/Ny/)

Notice to Holders of Securities; Waiver. Except as Unless otherwise herein expressly provided hereinprovided, where this Indenture provides for notice of holders of Securities to Holders of any event, such notice shall be sufficiently given to holders Holders of Registered Securities if in writing and mailed, first-class mail, postage prepaid, or delivered by hand or overnight courier to each holder Holder of a Registered Security affected by such event, at the its address of such holder as it appears in the Security Register, not later than the latest date (if any), and not earlier than the earliest date, and not later than the latest datedate (if any), prescribed for the giving of such notice; provided that notices to be given to Holders of Global Securities will be given to the Depositary, in accordance with its Applicable Procedures as in effect from time to time. In case by reason of the suspension of regular mail service or by reason of any other cause it shall be impracticable to give such notice to holders Holders of Registered Securities by mail, then such notification as shall be made given with the approval of the Trustee shall constitute a sufficient notice to such holders notification for every purpose hereunder. In any case where notice to holders Holders of Registered Securities is given by mail, neither the failure to mail such notice, nor any defect in any notice so mailed, to any particular holder Holder of a Registered Security shall affect the sufficiency of such notice with respect to other holders Holders of Registered Securities. Notwithstanding any other provision of this Indenture or any Security, where this Indenture or any Security provides for notice of any event (including any notice of redemption) to a Holder of a Global Security (whether by mail or otherwise), such notice shall be sufficiently given when delivered to the Depositary for such Security (or its designee) pursuant to the customary procedures of such Depositary. 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 holders of Securities 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. Any requestThe Trustee may rely upon and comply with instructions or directions sent via unsecured facsimile or email transmission and the Trustee shall not have any liability for any losses, demandliabilities, authorizationcosts or expenses incurred or sustained by the Company or the Holders due to the Trustee’s reliance upon and compliance with instructions or directions given by unsecured facsimile or email transmission; provided, however, that such losses have not arisen from the negligence or willful misconduct of the Trustee, it being understood that the failure of the Trustee to verify or confirm that the person delivering the unsecured facsimile or email transmission in which the instructions or direction, noticeare contained is, consent in fact, authorized to deliver such unsecured facsimile or waiver required email transmission does not constitute negligence or permitted under this Indenture shall be in the English languagewillful misconduct.

Appears in 1 contract

Samples: Braskem Finance LTD

Notice to Holders of Securities; Waiver. Except as otherwise expressly provided herein, where this Indenture provides for notice of holders to Holders of Securities of any event, such notice shall be sufficiently given to holders of Registered Securities Holders if in writing and mailed, first-class postage prepaidprepaid or delivered by an overnight delivery service, to each holder Holder of a Registered Security affected by such event, at the address of such holder Holder as it appears in the Security Register, not earlier than the earliest date, date and not later than the latest date, date prescribed for the giving of such notice. Neither the failure to mail such notice, nor any defect in any notice so mailed, to any particular Holder of a Security shall affect the sufficiency of such notice with respect to other Holders of Securities. In case by reason of the suspension of regular mail service or by reason of any other cause it shall be impracticable to give such notice to holders of Registered Securities by mail, then such notification to Holders of Securities as shall be made with the approval of the Trustee Trustee, which approval shall not be unreasonably withheld, shall constitute a sufficient notice notification to such holders Holders for every purpose hereunder. In any case where Such notice shall be deemed to holders of Registered Securities is have been given three (3) days after mailing, if by mail, neither one day (1) after mailing if by overnight courier, and on the failure to mail such notice, nor any defect in any date the notice so mailed, to any particular holder of a Registered Security shall affect the sufficiency of such notice with respect to other holders of Registered Securities. Notwithstanding any other provision of this Indenture is furnished if by telecopy or any Security, where this Indenture or any Security provides for notice of any event (including any notice of redemption) to a Holder of a Global Security (whether by mail or otherwise), such notice shall be sufficiently given when delivered to the Depositary for such Security (or its designee) pursuant to the customary procedures of such Depositaryhand. 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 holders of Securities 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. Any request, demand, authorization, direction, notice, consent or waiver required or permitted under this Indenture shall be in the English language.such

Appears in 1 contract

Samples: Anadigics Inc

Notice to Holders of Securities; Waiver. Except as otherwise expressly provided herein, where this Indenture provides for notice of holders to Holders of Securities of any event, such notice shall be sufficiently given to holders of Registered Securities Holders if in writing and mailed, first-class postage prepaidprepaid or delivered by an overnight delivery service, or transmitted by telecopy, with written confirmation of transmission, to each holder Holder of a Registered Security affected by such event, at the address of such holder Holder as it appears in the Security Register, not earlier than the earliest date, date and not later than the latest date, date prescribed for the giving of such notice. Neither the failure to mail such notice, nor any defect in any notice so mailed, to any particular Holder of a Security shall affect the sufficiency of such notice with respect to other Holders of Securities. In case by reason of the suspension of regular mail service or by reason of any other cause it shall be impracticable to give such notice to holders of Registered Securities by mail, then such notification to Holders of Securities as shall be made with the approval of the Trustee Trustee, which approval shall not be unreasonably withheld, shall constitute a sufficient notice notification to such holders Holders for every purpose hereunder. In any case where Such notice shall be deemed to holders of Registered Securities is have been given three (3) days after mailing, if by mail, neither one day (1) after mailing if by overnight courier, and on the failure to mail such notice, nor any defect in any date the notice so mailed, to any particular holder of a Registered Security shall affect the sufficiency of such notice with respect to other holders of Registered Securities. Notwithstanding any other provision of this Indenture is furnished if by telecopy or any Security, where this Indenture or any Security provides for notice of any event (including any notice of redemption) to a Holder of a Global Security (whether by mail or otherwise), such notice shall be sufficiently given when delivered to the Depositary for such Security (or its designee) pursuant to the customary procedures of such Depositaryhand. 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 holders Holders of Securities 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. Any request, demand, authorization, direction, notice, consent or waiver required or permitted under this Indenture shall be in the English language.

Appears in 1 contract

Samples: Connetics Corp

Notice to Holders of Securities; Waiver. Except as otherwise expressly provided herein, where this Indenture provides for notice of holders to Holders of Securities of any event, such notice shall be sufficiently given to holders Holders of Registered Securities if published in writing and mailedan Authorized Newspaper in the City of London, first-class postage prepaidEngland and, to each holder of so long as the Securities are listed on the Luxembourg Stock Exchange, in Luxembourg or, if not practicable in London, England or Luxembourg, elsewhere in any country in Western Europe, on a Registered Security affected by such eventBusiness Day, at least twice, the address of first such holder as it appears in the Security Register, publication to be not earlier than the earliest date, date and the second such publication to be not later than the latest date, date herein prescribed for the giving of such notice. In case addition, notices to any Holder of Securities shall be given by reason first class mail, postage prepaid, to such Holders at the address of such Holder as it appears in the Security Register 15 days prior to such mailing, not earlier than the earliest date and not later than the latest date prescribed for the giving of such notice. Neither the failure to give notice nor any defect in any notice to any Holder shall affect the sufficiency of any notice to any other Holder. If, due to the suspension of publication of any Authorized Newspaper or Authorized Newspapers or any other cause it shall be impracticable to publish any notice as provided above, or if, due to the suspension of regular mail service or by reason of any other cause it shall be impracticable to give such notice to holders of Registered Securities by mail, then such notification as shall be made with given in a manner approved by the Trustee, which approval of the Trustee shall not be unreasonably withheld, shall constitute sufficient notice to such holders Holders for every purpose hereunder. In any case where notice Notice given pursuant to holders of Registered Securities is this Section shall be deemed to have been given by mail, neither on the failure to mail such notice, nor any defect in any notice so mailed, to any particular holder of a Registered Security shall affect the sufficiency of date such notice with respect to other holders of Registered Securities. Notwithstanding any other provision of this Indenture is published or any Security, where this Indenture or any Security provides for notice of any event (including any notice of redemption) to a Holder of a Global Security (whether by mail or otherwise), such notice shall be sufficiently given when delivered to the Depositary for such Security (or its designee) pursuant to the customary procedures of such Depositarymailed. Where this Indenture provides for notice in any mannernotice, 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 holders Holders of Securities 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. Any request, demand, authorization, direction, notice, consent or waiver required or permitted under this Indenture shall be in the English language.

Appears in 1 contract

Samples: Indenture (Noble International LTD)

Notice to Holders of Securities; Waiver. Except as otherwise expressly provided herein, where this Indenture provides for notice of holders to Holders of Securities of any event, such notice shall be sufficiently given to holders of Registered Securities Holders if in writing and mailed, first-class postage prepaid, to each holder Holder of a Registered Security affected by such event, at the address of such holder Holder as it appears in the Security Register, not earlier than the earliest date, date and not later than the latest date, date prescribed for the giving of such notice. 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. In case by reason of the suspension of regular mail service or by reason of any other cause it shall be impracticable to give such notice to holders of Registered Securities by mail, then such notification to Holders as shall be made with the approval of the Trustee Trustee, which approval shall not be unreasonably withheld or delayed, shall constitute a sufficient notice notification to such holders Holders for every purpose hereunder. In any case where notice to holders of Registered Securities is given by mail, neither the failure to mail such notice, nor any defect in any notice so mailed, to any particular holder of a Registered Security shall affect the sufficiency of such notice with respect to other holders of Registered Securities. Notwithstanding any other provision of this Indenture or any Security, where this Indenture or any Security provides for notice of any event (including any notice of redemption) to a Holder of a Global Security (whether by mail or otherwise), such Such notice shall be sufficiently deemed to have been given when delivered to the Depositary for such Security (or its designee) pursuant to the customary procedures of such Depositarynotice is mailed. 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 holders Holders of Securities 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. Any request, demand, authorization, direction, notice, consent or waiver required or permitted under this Indenture shall be in the English language.

Appears in 1 contract

Samples: Digital Island Inc

Notice to Holders of Securities; Waiver. Except as otherwise expressly provided herein, where this Indenture provides for notice of to holders of Securities of any event, such notice shall be sufficiently given to holders of Registered Securities if in writing and mailed, first-first- class postage prepaid, to each holder of a Registered Security affected by such event, at the address of such holder as it appears in the Security Register, not earlier than the earliest date, date (if any) and not later than the latest date, date (if any) prescribed for the giving of such notice. In case by reason of the suspension of regular mail service or by reason of any other cause it shall be impracticable to give such notice to holders of Registered Securities by mail, then such notification as shall be made with the approval of the Trustee shall constitute sufficient notice to such holders for every purpose hereunder. In any case where notice to holders of Registered Securities is given by mail, neither the failure to mail such notice, nor any defect in any notice so mailed, to any particular holder of a Registered Security shall affect the sufficiency of such notice with respect to other holders of Registered Securities. Notwithstanding any other provision of Where this Indenture or any Security, where this Indenture or any Security provides for notice of any event (including any notice of redemption) to a Holder holder of a Global Security (whether by mail or otherwise)Security, such notice shall be sufficiently given when delivered if given to the Depositary for such Security (or its designee) ), pursuant to the customary procedures of such DepositaryDepositary then in place, not earlier than the earliest date (if any) and not later than the latest date (if any) prescribed for the giving of such notice. 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 holders of Securities 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. Any request, demand, authorization, direction, notice, consent or waiver required or permitted under this Indenture shall be in the English language.

Appears in 1 contract

Samples: Bank of America Corp /De/

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