Common use of Notices to Noteholders; Waiver Clause in Contracts

Notices to Noteholders; Waiver. (a) Any notice to Noteholders will be sufficiently given (unless otherwise provided in this Indenture) if in writing and (i) in the case of Definitive Notes, sent by overnight delivery, mailed by registered first class mail, postage prepaid or sent by fax, to each Noteholder adversely affected by such event, at its address or fax number as it appears on the Note Register or (ii) in the case of Book-Entry Notes, delivered pursuant to the applicable procedures of the Clearing Agency, in each case, not later than the latest date, and not earlier than the earliest date, prescribed for the giving of such notice. In any case where notice to Noteholders is given by mail, neither the failure to mail such notice nor any defect in any notice so mailed to any particular Noteholder will affect the sufficiency of such notice with respect to other Noteholders, and any notice that is mailed in the manner provided in this Indenture will conclusively be presumed to have been duly given.

Appears in 17 contracts

Samples: Indenture (Ford Credit Auto Owner Trust 2012-D), Indenture (Ford Credit Auto Owner Trust 2013-A), Indenture (Ford Credit Auto Owner Trust 2013-B)

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Notices to Noteholders; Waiver. (a) Any notice to Noteholders will be sufficiently given (unless otherwise provided in this Indenture) if in writing and (i) in the case of Definitive Notes, sent by overnight delivery, mailed by registered first class mail, postage prepaid prepaid, or sent by fax, to each Noteholder adversely affected by such event, at its address or fax number as it appears on the Note Register or (ii) in the case of Book-Entry Notes, delivered pursuant to the applicable procedures of the Clearing Agency, in each case, not later than the latest date, and not earlier than the earliest date, prescribed for the giving of such notice. In any case where notice to Noteholders is given by mail, neither the failure to mail such notice nor any defect in any notice so mailed to any particular Noteholder will affect the sufficiency of such notice with respect to other Noteholders, and any notice that is mailed in the manner provided in this Indenture will conclusively be presumed to have been duly given.

Appears in 12 contracts

Samples: Indenture (Ford Credit Auto Lease Trust 2013-B), Indenture (Ford Credit Auto Lease Trust 2013-B), Indenture (Ford Credit Auto Owner Trust 2012-A)

Notices to Noteholders; Waiver. (a) Any notice to Noteholders will be sufficiently given (unless otherwise provided in this Indenture) if in writing and (i) in the case of Definitive Notes, sent by overnight delivery, mailed by registered first class mail, postage prepaid or sent by fax, to each Noteholder adversely affected by such the event, at its address or fax number as it appears on the Note Register or (ii) in the case of Book-Entry Notes, delivered pursuant to the applicable procedures of the Clearing Agency, in each case, not later than the latest date, and not earlier than the earliest date, prescribed for the giving of such the notice. In any case where notice to Noteholders is given by mail, neither the failure to mail such the notice nor any defect in any notice so mailed to any particular Noteholder will affect the sufficiency of such the notice with respect to other Noteholders, and any notice that is mailed in the manner provided in this Indenture will conclusively be presumed to have been duly given.

Appears in 8 contracts

Samples: Indenture (Ford Credit Auto Owner Trust 2014-C), Indenture (Ford Credit Auto Owner Trust 2015-B), Indenture (Ford Credit Auto Owner Trust 2015-A)

Notices to Noteholders; Waiver. (a) Any notice to Noteholders will be sufficiently given (unless otherwise provided in this Indenture) if in writing and (i) in the case of Definitive Notes, sent by overnight delivery, mailed by registered first class mail, postage prepaid prepaid, or sent by fax, to each Noteholder adversely affected by such the event, at its address or fax number as it appears on the Note Register or (ii) in the case of Book-Entry Notes, delivered pursuant to under the applicable procedures of the Clearing Agency, in each case, not later than the latest date, and not earlier than the earliest date, prescribed for the giving of such the notice. In any case where notice to Noteholders is given by mail, neither the failure to mail such the notice nor any defect in any notice so mailed to any particular Noteholder will affect the sufficiency of such the notice with respect to other Noteholders, and any notice that is mailed in the manner provided in this Indenture will conclusively be presumed to have been duly given.

Appears in 7 contracts

Samples: Indenture (Ford Credit Auto Lease Trust 2015-B), Indenture (Ford Credit Auto Lease Trust 2014-B), Indenture (CAB West LLC)

Notices to Noteholders; Waiver. (a) Any Where this Indenture and any Indenture Supplement provides for notice to Noteholders of any event, such notice will be sufficiently given (unless otherwise provided in this Indentureherein expressly provided) if in writing and (i) in the case of Definitive Notes, sent by overnight delivery, mailed by registered or certified mail or first class mail, postage prepaid or sent by faxnational overnight courier service or (ii) delivered electronically in a manner acceptable to the Servicer, the Owner Trustee on behalf of the Issuer and the Indenture Trustee, to each Noteholder adversely affected by such event, at its such Noteholder's address or fax number as it appears on the Note Register or (ii) in the case of Book-Entry Notes, delivered pursuant to the applicable procedures of the Clearing Agency, in each caseRegister, not later than the latest date, and not earlier than the earliest date, prescribed for the giving of such notice. In any case where notice to Noteholders is given by mail, neither the failure to mail such notice notice, nor any defect in any notice so mailed mailed, to any particular Noteholder will affect the sufficiency of such notice with respect to other Noteholders, and any notice that is mailed in the manner herein provided in this Indenture will conclusively be presumed to have been duly given.

Appears in 5 contracts

Samples: Indenture (Ford Credit Floorplan LLC), Ford Credit Floorplan Corp, Indenture (Ford Credit Floorplan LLC)

Notices to Noteholders; Waiver. (a) Any notice to Noteholders will be sufficiently given (unless otherwise provided in this Indenture) if in writing and (i) in the case of Definitive Notes, sent by overnight delivery, mailed by registered first class mail, postage prepaid prepaid, or sent by faxfacsimile, to each Noteholder adversely affected by such event, at its address or fax number as it appears on the Note Register or (ii) in the case of Book-Entry Notes, delivered pursuant to the applicable procedures of the Clearing Agency, in each case, not later than the latest date, and not earlier than the earliest date, prescribed for the giving of such notice. In any case where notice to Noteholders is given by mail, neither the failure to mail such notice nor any defect in any notice so mailed to any particular Noteholder will affect the sufficiency of such notice with respect to other Noteholders, and any notice that is mailed in the manner provided in this Indenture will conclusively be presumed to have been duly given.

Appears in 2 contracts

Samples: Indenture (Ford Credit Auto Owner Trust 2011-B), Indenture (Ford Credit Auto Owner Trust 2011-B)

Notices to Noteholders; Waiver. (a) Any notice to Noteholders will be sufficiently given (unless otherwise provided in this Indenture) if in writing and (i) in the case of Definitive Notes, sent by overnight delivery, mailed by registered first class mail, postage prepaid prepaid, or sent by fax, to each Noteholder adversely affected by such event, at its address or fax number as it appears on the Note Register Register, or (ii) in the case of Book-Entry Notes, delivered pursuant to the applicable procedures of the Clearing Agency, in each case, not later than the latest date, and not earlier than the earliest date, prescribed for the giving of such notice. In any case where notice to Noteholders is given by mail, neither the failure to mail such notice nor any defect in any notice so mailed to any particular Noteholder will affect the sufficiency of such notice with respect to other Noteholders, and any notice that is mailed in the manner provided in this Indenture will conclusively be presumed to have been duly given.

Appears in 2 contracts

Samples: Ford Credit Floorplan LLC, Ford Credit Floorplan Corp

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Notices to Noteholders; Waiver. (a) Any notice to Noteholders will be sufficiently given (unless otherwise provided in this Indenture) if in writing and (i) in the case of Definitive Notes, sent by overnight delivery, mailed by registered first class mail, postage prepaid prepaid, or sent by faxfas, to each Noteholder adversely affected by such event, at its address or fax number as it appears on the Note Register or (ii) in the case of Book-Entry Notes, delivered pursuant to the applicable procedures of the Clearing Agency, in each case, not later than the latest date, and not earlier than the earliest date, prescribed for the giving of such notice. In any case where notice to Noteholders is given by mail, neither the failure to mail such notice nor any defect in any notice so mailed to any particular Noteholder will affect the sufficiency of such notice with respect to other Noteholders, and any notice that is mailed in the manner provided in this Indenture will conclusively be presumed to have been duly given.

Appears in 1 contract

Samples: Ford Credit Auto Owner Trust 2011-A

Notices to Noteholders; Waiver. (a) Any Where this Indenture and any Indenture Supplement provides for notice to Noteholders of any event, such notice will be sufficiently given (unless otherwise provided in this Indentureherein expressly provided) if in writing and (i) in the case of Definitive Notes, sent by overnight delivery, mailed by registered or certified mail or first class mail, postage prepaid or sent by faxnational overnight courier service or (ii) delivered electronically in a manner acceptable to the Servicer, the Owner Trustee on behalf of the Issuer and the Indenture Trustee, to each Noteholder adversely affected by such event, at its such Noteholder's address or fax number as it appears on the Note Register or (ii) in the case of Book-Entry Notes, delivered pursuant to the applicable procedures of the Clearing Agency, in each caseRegister, not later than the latest date, and not earlier than the earliest date, prescribed for the giving of such notice. In any case where notice to Noteholders is given by mail, neither the failure to mail such notice notice, nor any defect in any notice so mailed mailed, to any particular Noteholder 60 will affect the sufficiency of such notice with respect to other Noteholders, and any notice that is mailed in the manner herein provided in this Indenture will conclusively be presumed to have been duly given.

Appears in 1 contract

Samples: Nissan Wholesale Receivables Corp Ii

Notices to Noteholders; Waiver. (a) Any Where the Indenture provides for notice to Noteholders will of any event, such notice shall be sufficiently given (unless otherwise herein expressly provided in this Indentureor subsequently agreed to by the applicable Noteholder) if in writing and (i) in the case of Definitive Notes, sent by overnight delivery, mailed by registered first class mailor certified mail or national overnight courier service or (ii) delivered electronically in a manner acceptable to the Servicer, postage prepaid or sent by faxthe Owner Trustee on behalf of the Issuer and the Indenture Trustee, to each Noteholder adversely affected by such event, at its address or fax number as it appears on the Note Register or (ii) in the case of Book-Entry Notes, delivered pursuant to the applicable procedures of the Clearing Agency, in each caseRegister, not later than the latest date, and not earlier than the earliest date, prescribed for the giving of such notice. In any case where notice to Noteholders is given by mail, neither the failure to mail such notice notice, nor any defect in any notice so mailed mailed, to any particular Noteholder will shall affect the sufficiency of such notice with respect to other Noteholders, and any notice that which is mailed in the manner herein provided in this Indenture will shall conclusively be presumed to have been duly given.

Appears in 1 contract

Samples: Uscc Master Note (United States Cellular Corp)

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