Notice to Holders. Where this Agreement provides for notice to Holders, such notice shall be sufficiently given (unless otherwise herein expressly provided) if in writing and transmitted through the facilities of DTC in accordance with DTC’s procedures 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 shall affect the sufficiency of such notice with respect to other Holders.
Appears in 44 contracts
Sources: Contingent Value Rights Agreement (Day One Biopharmaceuticals, Inc.), Contingent Value Rights Agreement (Mersana Therapeutics, Inc.), Contingent Value Rights Agreement (Mersana Therapeutics, Inc.)
Notice to Holders. Where this Agreement provides for notice to Holders, such notice shall be sufficiently given (unless otherwise herein expressly provided) if in writing and transmitted through the facilities writing, sent by overnight courier (providing proof of DTC in accordance with DTC’s procedures 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 shall affect the sufficiency of such notice with respect to other Holders.
Appears in 15 contracts
Sources: Contingent Value Rights Agreement (Steel Partners Holdings L.P.), Contingent Value Rights Agreement (Steel Connect, Inc.), Contingent Value Rights Agreement (Capstone Holding Corp.)
Notice to Holders. Where this Agreement provides for notice to Holders, such notice shall will be sufficiently given (unless otherwise herein expressly provided) if in writing and transmitted through the facilities of DTC in accordance with DTC’s procedures 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 shall will affect the sufficiency of such notice with respect to other Holders.
Appears in 7 contracts
Sources: Merger Agreement (Jasper Therapeutics, Inc.), Contingent Value Rights Agreement (Surface Oncology, Inc.), Merger Agreement (Coherus BioSciences, Inc.)
Notice to Holders. Where this Agreement provides for notice to Holders, such notice shall will be sufficiently given (unless otherwise herein expressly provided) (i) with respect to CVRs held through DTC if in writing and transmitted through the facilities of DTC in accordance with DTC’s procedures or (ii) 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 shall will affect the sufficiency of such notice with respect to other Holders.
Appears in 6 contracts
Sources: Contingent Value Rights Agreement (Biogen Inc.), Contingent Value Rights Agreement (Apellis Pharmaceuticals, Inc.), Contingent Value Rights Agreement (Hologic Inc)
Notice to Holders. Where this Agreement provides for notice All notices, requests and communications required to Holders, such notice be given to the Holders shall be sufficiently given (unless otherwise herein expressly provided) if in writing and transmitted through the facilities of DTC in accordance with DTC’s procedures or and/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 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 shall affect the sufficiency of such notice with respect to other Holders.
Appears in 5 contracts
Sources: Assignment, Assumption and Amendment Agreement (CoreWeave, Inc.), Contingent Value Rights Agreement (Core Scientific, Inc./Tx), Contingent Value Rights Agreement (Ligand Pharmaceuticals Inc)
Notice to Holders. Where this Agreement provides for notice to Holders, such notice shall will be sufficiently given (unless otherwise herein expressly provided) if in writing and mailed, first-class postage prepaid or, if applicable, transmitted through the facilities of DTC in accordance with DTC’s procedures or mailed, first-class postage prepaidprocedures, 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 shall will affect the sufficiency of such notice with respect to other Holders.
Appears in 3 contracts
Sources: Contingent Value Rights Agreement (Carisma Therapeutics Inc.), Agreement and Plan of Merger and Reorganization (Sesen Bio, Inc.), Agreement and Plan of Merger and Reorganization (Sesen Bio, Inc.)
Notice to Holders. Where this Agreement provides for notice to Holders, such notice shall will be sufficiently given (unless otherwise herein expressly provided) if in writing and mailed, first-class postage prepaid, or, if applicable, transmitted through the facilities of DTC in accordance with DTC’s procedures or mailed, first-class postage prepaidprocedures, 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 shall will affect the sufficiency of such notice with respect to other Holders.
Appears in 2 contracts
Sources: Contingent Value Rights Agreement (Indivior PLC), Contingent Value Rights Agreement (Indivior PLC)
Notice to Holders. Where this Agreement provides for notice to Holders, such notice shall will be sufficiently given (unless otherwise herein in this Agreement expressly provided) if in writing and transmitted through the facilities of DTC in accordance with DTC’s procedures 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 shall will affect the sufficiency of such notice with respect to other Holders.
Appears in 2 contracts
Sources: Contingent Value Rights Agreement (Durect Corp), Merger Agreement (LENSAR, Inc.)
Notice to Holders. Where this Agreement provides for notice to Holders, such notice shall be sufficiently given (unless otherwise herein expressly provided) if in writing and transmitted through the facilities of DTC in accordance with DTC’s procedures or mailed, first-class 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 shall affect the sufficiency of such notice with respect to other Holders.
Appears in 2 contracts
Sources: Agreement and Plan of Merger (Paragon 28, Inc.), Agreement and Plan of Merger (Paragon 28, Inc.)
Notice to Holders. Where this Agreement provides for notice to Holders, such notice shall be sufficiently given (unless otherwise herein expressly provided) if in writing and transmitted through the facilities if delivered personally, facsimiled (which is confirmed), sent by overnight courier (providing proof of DTC in accordance with DTC’s procedures 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 shall affect the sufficiency of such notice with respect to other Holders.
Appears in 2 contracts
Sources: Amendment No. 2 to Agreement and Plan of Merger (Safeway Inc), Merger Agreement (Safeway Inc)
Notice to Holders. Where this Agreement provides for notice to Holders, such notice shall be sufficiently given (unless otherwise herein expressly provided) if in writing and mailed, first-class postage prepaid or, if applicable, transmitted through the facilities of DTC in accordance with DTC’s procedures or mailed, first-class postage prepaidprocedures, 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 shall affect the sufficiency of such notice with respect to other Holders.
Appears in 2 contracts
Sources: Contingent Value Rights Agreement (Ready Capital Corp), Merger Agreement (Ready Capital Corp)
Notice to Holders. Where this Agreement provides for notice to Holders, such notice shall will be sufficiently given (unless otherwise herein expressly provided) if in writing and transmitted through the facilities of DTC in accordance with DTC’s procedures or and/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 shall will affect the sufficiency of such notice with respect to other Holders.
Appears in 1 contract
Sources: Contingent Value Rights Agreement (TreeHouse Foods, Inc.)