Common use of Notice to Holders Clause in Contracts

Notice to Holders. Where this Agreement provides for notice to Holders, such notice will be sufficiently given (unless otherwise herein expressly provided) if in writing and mailed, first-class postage prepaid, to each Holder affected by such event, at the Holder’s address as it appears in the CVR Register, not later than the latest date, and not earlier than the earliest date, if any, 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 will affect the sufficiency of such notice with respect to other Holders.

Appears in 64 contracts

Samples: Agreement and Plan of Merger (Timber Pharmaceuticals, Inc.), Agreement and Plan of Merger and Reorganization (Aevi Genomic Medicine, Inc.), Agreement and Plan of Merger (Trius Therapeutics Inc)

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Notice to Holders. Where this Agreement provides for notice to Holders, such notice will shall be sufficiently given (unless otherwise herein expressly provided) if in writing and mailed, first-class postage prepaid, to each Holder affected by such event, at the Holder’s his, her or its address as it appears in the CVR Register, not later than the latest date, and not earlier than the earliest date, if any, 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 will shall affect the sufficiency of such notice with respect to other Holders.

Appears in 38 contracts

Samples: Contingent Value Rights Agreement (Talon Therapeutics, Inc.), Contingent Value Rights Agreement (Forest Laboratories, LLC), Contingent Value Rights Agreement (Frontier Oil Corp /New/)

Notice to Holders. Where this Agreement provides for notice to Holders, such notice will shall be sufficiently given (unless otherwise herein expressly provided) if in writing and mailed, first-class postage prepaid, to each Holder affected by such event, at the Holder’s address as it appears in the CVR Register, not later than the latest date, and not earlier than the earliest date, if any, 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 will shall affect the sufficiency of such notice with respect to other Holders.

Appears in 22 contracts

Samples: Contingent Value Rights Agreement (FS Development Holdings II, LLC), Contingent Value Rights Agreement (Supernus Pharmaceuticals, Inc.), Contingent Value Rights Agreement (Dyax Corp)

Notice to Holders. Where this Agreement provides for notice All notices, requests and communications required to Holders, such notice will be sufficiently given to the Holders shall be given (unless otherwise herein expressly provided) if in writing and mailed, first-class postage prepaid, to each Holder affected by such event, at the Holder’s his, her or its address as it appears set forth in the CVR Register, not later than the latest date, and not earlier than the earliest date, if any, prescribed for the giving of such notice. In any case where notice to the Holders is given by mail, neither the failure to mail such notice, nor any defect in any notice so mailed, to any particular Holder will shall affect the sufficiency of such notice with respect to other Holders.

Appears in 20 contracts

Samples: Contingent Value Rights Agreement (Cellect Biotechnology Ltd.), Agreement and Plan of Merger (Alexza Pharmaceuticals Inc.), Contingent Value Rights Agreement (Actavis PLC)

Notice to Holders. Where this Agreement provides for notice to Holders, such notice will shall be sufficiently given (unless otherwise herein expressly provided) if in writing and writing, sent by overnight courier (providing proof of delivery) or mailed, first-class postage prepaid, to each Holder affected by such event, at the Holder’s his, her or its address as it appears in the CVR Register, not later than the latest date, and not earlier than the earliest date, if any, 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 will shall affect the sufficiency of such notice with respect to other Holders.

Appears in 8 contracts

Samples: Contingent Value Rights Agreement (Safeway Inc), Contingent Value Rights Agreement (Steel Partners Holdings L.P.), Contingent Value Rights Agreement (Safeway Inc)

Notice to Holders. Where this Agreement provides for notice to Holders, such notice will be sufficiently given (unless otherwise herein expressly provided) if in writing and mailed, first-class postage prepaid, to each Holder affected by such event, at the Holder’s his, her or its address as it appears in the CVR Register, not later than the latest date, and not earlier than the earliest date, if any, 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 will affect the sufficiency of such notice with respect to other Holders.

Appears in 7 contracts

Samples: Share Exchange Agreement (Spring Bank Pharmaceuticals, Inc.), Contingent Value Rights Agreement (Spring Bank Pharmaceuticals, Inc.), Contingent Value Rights Agreement (Mateon Therapeutics Inc)

Notice to Holders. Where this Agreement provides for notice to Holders, such notice will shall be sufficiently given (unless otherwise herein expressly provided) if in writing and mailed, first-class postage prepaid, to each Holder affected by such event, at the Holder’s his, her or its address as it appears in the CVR CPR Register, not later than the latest date, and not earlier than the earliest date, if any, 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 will shall affect the sufficiency of such notice with respect to other Holders.

Appears in 6 contracts

Samples: Contingent Payment Rights Agreement (Medicines Co /De), Agreement and Plan of Merger (Insys Therapeutics, Inc.), Deposit Escrow Agreement (New Frontier Media Inc)

Notice to Holders. Where this Agreement provides for notice to Holders, such notice will be sufficiently given (unless otherwise herein expressly provided) if in writing and mailed, first-class postage prepaid, to each Holder affected by such event, at the Holder’s address as it appears in the CVR CPR Register, not later than the latest date, and not earlier than the earliest date, if any, 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 will affect the sufficiency of such notice with respect to other Holders.

Appears in 5 contracts

Samples: Contingent Payment Rights Agreement (Cubist Pharmaceuticals Inc), Agreement and Plan of Merger (Genvec Inc), Agreement and Plan of Merger (Cubist Pharmaceuticals Inc)

Notice to Holders. Where this Agreement provides for notice to Holders, such notice will shall be sufficiently given (unless otherwise herein expressly provided) if in writing and mailed, first-class postage prepaid, to each Holder affected by such event, at the Holder’s his, her or its address as it appears in the Aplindore CVR Register, not later than the latest date, and not earlier than the earliest date, if any, 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 will shall affect the sufficiency of such notice with respect to other Holders.

Appears in 4 contracts

Samples: Contingent Value Rights Agreement (Neurogen Corp), Contingent Value Rights Agreement (Ligand Pharmaceuticals Inc), Contingent Value Rights Agreement (Ligand Pharmaceuticals Inc)

Notice to Holders. Where this Agreement provides for notice to Holders, such notice will shall be sufficiently given (unless otherwise herein expressly provided) if in writing and mailed, first-class postage prepaid, to each Holder affected by such event, at the Holder’s his, her or its address as it appears in the Real Estate CVR Register, not later than the latest date, and not earlier than the earliest date, if any, 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 will shall affect the sufficiency of such notice with respect to other Holders.

Appears in 4 contracts

Samples: Contingent Value Rights Agreement (Neurogen Corp), Value Rights Agreement (Ligand Pharmaceuticals Inc), Contingent Value Rights Agreement (Ligand Pharmaceuticals Inc)

Notice to Holders. Where this Agreement provides for notice to Holders, such notice will shall be sufficiently given (unless otherwise herein expressly provided) if in writing and mailed, first-class postage prepaid, to each Holder affected by such event, at the Holder’s his, her or its address as it appears in the Merck CVR Register, not later than the latest date, and not earlier than the earliest date, if any, 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 will shall affect the sufficiency of such notice with respect to other Holders.

Appears in 4 contracts

Samples: Contingent Value Rights Agreement (Ligand Pharmaceuticals Inc), Contingent Value Rights Agreement (Ligand Pharmaceuticals Inc), Contingent Value Rights Agreement (Neurogen Corp)

Notice to Holders. Where this Agreement provides for notice to Holders, such notice will shall be sufficiently given (unless otherwise herein expressly provided) if in writing and mailed, first-class postage prepaid, to each Holder affected by such event, at the Holder’s his, her or its address as it appears in the H3 CVR Register, not later than the latest date, and not earlier than the earliest date, if any, 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 will shall affect the sufficiency of such notice with respect to other Holders.

Appears in 4 contracts

Samples: Contingent Value Rights Agreement (Ligand Pharmaceuticals Inc), Contingent Value Rights Agreement (Ligand Pharmaceuticals Inc), Contingent Value Rights Agreement (Neurogen Corp)

Notice to Holders. Where this Agreement provides for notice to Holders, such notice will shall be sufficiently given (unless otherwise herein expressly provided) if in writing and mailed, first-class postage prepaid, to each Holder affected by such event, at the Holder’s address as it appears in the CVR CER Register, not later than the latest date, and not earlier than the earliest date, if any, 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 will shall affect the sufficiency of such notice with respect to other Holders.

Appears in 3 contracts

Samples: Merger Agreement (Ready Capital Corp), Contingent Equity Rights Agreement (Ready Capital Corp), Merger Agreement (Ready Capital Corp)

Notice to Holders. Where this Agreement provides for notice to Holders, such notice will be sufficiently given (unless otherwise herein expressly provided) (i) if in writing and mailed, first-class postage prepaid, to each Holder affected by such event, at the Holder’s his, her or its address as it appears in the CVR Register, or (ii) if sent via email or email with PDF attachment at email addresses previously confirmed by Holders, in either case not later than the latest date, and not earlier than the earliest date, if any, prescribed for the giving of such notice. In any case where notice to Holders is given by mailmail or email, neither the failure to mail such notice, nor any defect in any notice so mailed, to any particular Holder will affect the sufficiency of such notice with respect to other Holders.

Appears in 3 contracts

Samples: Contingent Value Rights Agreement (Aytu Bioscience, Inc), Contingent Value Rights Agreement (Aytu Bioscience, Inc), Agreement and Plan of Merger (Innovus Pharmaceuticals, Inc.)

Notice to Holders. Where this Agreement provides for notice to Holders, except as otherwise set forth in this Agreement, such notice will shall be sufficiently given (unless otherwise herein expressly provided) if in writing and mailed, first-class postage prepaid, to each Holder affected by such event, at the Holder’s his, her or its address as it appears in the CVR Register, not later than the latest date, and not earlier than the earliest date, if any, 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 will shall affect the sufficiency of such notice with respect to other Holders.

Appears in 2 contracts

Samples: Contingent Value Rights Agreement (Midsouth Bancorp Inc), Contingent Value Rights Agreement (Capital Bank Corp)

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Notice to Holders. Where this Agreement provides for notice to Holders, such notice will be sufficiently given (unless otherwise herein expressly provided) if in writing and mailed, mailed first-class postage prepaid, or sent by email, to each Holder affected by such event, at the Holder’s address as it appears in the CVR Register, not later than the latest date, and not earlier than the earliest date, if any, 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 will affect the sufficiency of such notice with respect to other Holders.

Appears in 1 contract

Samples: Contingent Value Rights Agreement (Adicet Bio, Inc.)

Notice to Holders. Where this Agreement provides for notice to Holders, such notice will be sufficiently given (unless otherwise herein expressly provided) if in writing and transmitted through the facilities of DTC or mailed, first-class postage prepaid, to each Holder affected by such event, at the Holder’s address as it appears in the CVR Register, not later than the latest date, and not earlier than the earliest date, if any, 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 will affect the sufficiency of such notice with respect to other Holders.

Appears in 1 contract

Samples: Contingent Value Rights Agreement (Assertio Holdings, Inc.)

Notice to Holders. Where this Agreement provides for notice to Holders, such notice will shall be sufficiently given (unless otherwise herein expressly provided) if in writing and emailed or mailed, first-class postage prepaid, to each Holder affected by such event, at the Holder’s his, her or its address as it appears in the CVR Registeron Exhibit A hereto, not later than the latest date, and not earlier than the earliest date, if any, prescribed for the giving of such notice. In any case where notice to Holders is given by email or mail, neither the failure to mail such notice, nor any defect in any notice so mailed, to any particular Holder will shall affect the sufficiency of such notice with respect to other Holders.

Appears in 1 contract

Samples: Contingent Value Rights Agreement (Biodesix Inc)

Notice to Holders. Where this Agreement provides for notice to Holders, such notice will be sufficiently given (unless otherwise herein expressly provided) if in writing and mailed, first-first- class postage prepaid, to each Holder affected by such event, at the Holder’s address as it appears in the CVR Register, not later than the latest date, and not earlier than the earliest date, if any, 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 will affect the sufficiency of such notice with respect to other Holders.

Appears in 1 contract

Samples: Contingent Value Rights Agreement (Trius Therapeutics Inc)

Notice to Holders. Where this Agreement provides for notice to Holders, such notice will shall be sufficiently given (unless otherwise herein expressly provided) if in writing and mailed, first-class postage prepaid, to each Holder affected by such event, at the Holder’s address as it appears in the CVR Register, not later than the latest date, and not earlier than the earliest date, if any, 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 will shall affect the sufficiency of such notice with respect to other HoldersHolders to whom appropriate notice was otherwise provided.

Appears in 1 contract

Samples: cases.primeclerk.com

Notice to Holders. Where this Agreement provides for notice to Holders, such notice will be sufficiently given (unless otherwise herein expressly provided) if in writing and mailed, first-class postage prepaid, to each Holder affected by at such event, at the Holder’s address as it appears in the CVR Register, not later than the latest date, and not earlier than the earliest date, if any, 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 will affect the sufficiency of such notice with respect to other Holders.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Summit Financial Services Group Inc)

Notice to Holders. Where this Agreement provides for notice to Holders, such notice will be sufficiently given (unless otherwise herein expressly provided) if in writing and mailed, first-class postage prepaid, to each Holder affected by such event, at the Holder’s address as it appears in the CVR Register, not later than the latest date, and not earlier than the earliest date, if any, 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 will affect the sufficiency of such notice with respect to other Holders.. Section 6.3

Appears in 1 contract

Samples: Jounce Therapeutics, Inc.

Notice to Holders. Where this Agreement provides for notice to Holders, such notice will shall be sufficiently given (unless otherwise herein expressly provided) if in writing and mailed, first-class postage prepaid, to each Holder affected by such event, at the Holder’s address as it appears in the CVR Register, not later than the latest date, and not earlier than the earliest date, if any, prescribed for the giving of such notice. In any case where notice to Holders is given by mail, neither Neither the failure to mail such notice, nor any defect in any notice so mailed, to any particular Holder will shall affect the sufficiency of such notice with respect to other Holders.

Appears in 1 contract

Samples: Contingent Value Rights Agreement (Acelrx Pharmaceuticals Inc)

Notice to Holders. Where this Agreement provides for notice to Holders, such notice will shall be sufficiently given (unless otherwise herein expressly provided) if in writing and mailed, first-first- class postage prepaid, to each Holder affected by such event, at the Holder’s his, her or its address as it appears in the CVR Register, not later than the latest date, and not earlier than the earliest date, if any, 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 will shall affect the sufficiency of such notice with respect to other Holders.

Appears in 1 contract

Samples: Contingent Value Rights Agreement (Voyager Learning CO)

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