Common use of Notices to Securityholders; Waiver Clause in Contracts

Notices to Securityholders; Waiver. Where this Pooling Agreement provides for notice to Securityholders of any event, such notice shall be sufficiently given (unless otherwise herein expressly provided) if in writing and mailed, first-class, postage prepaid to each Securityholder affected by such event (and in all cases, the Insurer and Xxxxxxx Mac shall receive notice), at his address as it appears on the Security Register, 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 Securityholders is given by mail, neither the failure to mail such notice nor any defect in any notice so mailed to any particular Securityholder shall affect the sufficiency of such notice with respect to other Securityholders, and any notice that is mailed in the manner herein provided shall conclusively be presumed to have been duly given. Where this Pooling Agreement provides for notice in any manner, such notice may be waived in writing by any Person entitled to receive such notice, either before or after the event, and such waiver shall be the equivalent of such notice. Waivers of notice by Securityholders 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 a waiver. In case, by reason of the suspension of regular mail service as a result of a strike, work stoppage or similar activity, it shall be impractical to mail notice of any event to Securityholders when such notice is required to be given pursuant to any provision of this Pooling Agreement, then any manner of giving such notice as shall be satisfactory to the Trustee shall be deemed to be a sufficient giving of such notice. Where this Pooling Agreement provides for notice to the Rating Agencies, failure to give such notice shall not affect any other rights or obligations created hereunder.

Appears in 2 contracts

Samples: Pooling Agreement and Indenture (Greenpoint Mortgage Securities Inc/), Pooling Agreement and Indenture (Greenpoint Mortgage Securities Inc/)

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Notices to Securityholders; Waiver. Where this Pooling Agreement Indenture provides for notice to Securityholders of any event, such notice shall be sufficiently given (unless otherwise herein expressly provided) (a) to Holders of Registered Securities, if in writing and mailed, first-class, postage prepaid prepaid, to each Securityholder Holder of a Registered Security affected by such event (and in all cases, the Insurer and Xxxxxxx Mac shall receive notice)event, at his address as it appears on the Security Register, not later than the latest date, and not earlier than the earliest date, prescribed for the giving of such notice and (b) to Holders of Bearer Securities, if published in an Authorized Newspaper 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 herein for the giving of such notice. In any case where notice to Securityholders Holders of Registered Securities is given by mail, neither the failure to mail such notice notice, nor any defect in any notice so mailed mailed, to any particular Securityholder Holder of a Registered Security shall affect the sufficiency of such notice with respect to other Securityholders, and Holders of Registered Securities or the sufficiency of any notice that is by publication to Holders of Bearer Securities given as provided herein. Any notice mailed to Holders in the manner prescribed herein provided shall conclusively be presumed deemed to have been duly given whether or not received by any particular Holder. In case, by reason of the suspension of regular mail service, or by reason of any other cause, it shall be impossible or impracticable to give any notice to Holders of Registered Securities by mail, then such notification as shall be made with the approval of the Trustee shall constitute notification for every purpose hereunder. In case, by reason of the suspension of publication of any Authorized Newspaper, or by reason of any other cause, it shall be impossible or impracticable to make publication of any notice to Holders of Bearer Securities in an Authorized Newspaper or Authorized Newspapers as provided by this Indenture, then such method of publication or notification to Holders of Bearer Securities as shall be made with the approval of the Trustee shall constitute a sufficient publication of such notice for every purpose hereunder. Neither the failure to give notice by publication, nor any defect in any notice so given, to any particular Holder of a Bearer Security as provided herein shall affect the sufficiency of such notice with respect to other Holders of Bearer Securities or the sufficiency of any notice to Holders of Registered Securities as provided herein. Where this Pooling Agreement Indenture provides for notice in any manner, such notice may be waived in writing by any 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 Securityholders shall be filed with the Trustee Trustee, but such filing shall not be a condition precedent to the validity of any action taken in reliance upon such a waiver. In case, by reason of the suspension of regular mail service as a result of a strike, work stoppage or similar activity, it shall be impractical to mail notice of any event to Securityholders when such notice is required to be given pursuant to any provision of this Pooling Agreement, then any manner of giving such notice as shall be satisfactory to the Trustee shall be deemed to be a sufficient giving of such notice. Where this Pooling Agreement provides for notice to the Rating Agencies, failure to give such notice shall not affect any other rights or obligations created hereunder.

Appears in 2 contracts

Samples: Indenture (Fortune Brands Inc), Indenture (Fortune Brands Inc)

Notices to Securityholders; Waiver. Where this Pooling Agreement Indenture or any Security provides for notice to Securityholders of any event, such notice shall be sufficiently given (unless otherwise herein or in such Security expressly provided) if in writing and mailed, first-classclass postage prepaid, postage prepaid to each Securityholder affected by such event (and in all cases, the Insurer and Xxxxxxx Mac shall receive notice)event, at his address as it appears on in the Security Register, 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 Securityholders is given by mail, neither the failure to mail such notice notice, nor any defect in any notice so mailed mailed, to any particular Securityholder shall affect the sufficiency of such notice with respect to other Securityholders, and any notice that is mailed in the manner herein provided shall conclusively be presumed to have been duly given. Where this Pooling Agreement Indenture or any Security provides for notice in any manner, such notice may be waived in writing by any 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 Securityholders shall be filed with the Trustee Trustee, but such filing shall not be a condition precedent to the validity of any action taken in reliance upon such waiver. 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 waiverHolder 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 accordance with Applicable Procedures. In case, by reason of the suspension of regular mail service as a result of a strike, work stoppage or similar activityotherwise, it shall be impractical to mail notice of any event to Securityholders any Securityholder when such notice is required to be given pursuant to any provision of this Pooling AgreementIndenture, then any manner method of giving such notice notification as shall be satisfactory to the Trustee Trustee, the Guarantor and the Company shall be deemed to be a sufficient giving of such notice. Where this Pooling Agreement provides for notice to the Rating Agencies, failure to give such notice shall not affect any other rights or obligations created hereunder.

Appears in 1 contract

Samples: Senior Indenture (OneBeacon Insurance Group, Ltd.)

Notices to Securityholders; Waiver. Where this Pooling Agreement provides for Any notice required or permitted to be given to Securityholders of any event, such notice shall be sufficiently given (unless otherwise herein expressly provided), (a) if to Holders, if given in writing and mailed, first-classby first class mail, postage prepaid prepaid, to each Securityholder affected by such event (and in all cases, Holders at their addresses as the Insurer and Xxxxxxx Mac same shall receive notice), at his address as it appears appear on the Security RegisterRegister of the Company; provided, not later than that in the latest date, and not earlier than the earliest date, prescribed for the giving event of such notice. In suspension of regular mail service or by reason of any case where other cause it shall be impracticable to give notice to Securityholders is given by mail, neither then such notification as shall be given with the failure approval of the Trustee shall constitute sufficient notice for every purpose hereunder; or (b) If a series of Securities has been issued in the form of one or more Global Securities through DTC as Depositary, notice may be provided with respect to mail such notice nor any defect in any notice so mailed to any particular Securityholder shall affect the sufficiency series of Securities by delivery of such notice with respect to other Securityholders, and any notice that is mailed in the manner herein provided shall conclusively be presumed to have been duly givenDTC for posting through its “Legal Notice Service” (LENS) or a successor system thereof. Where this Pooling Agreement Indenture provides for notice in any manner, such notice may be waived in writing by any 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 Securityholders Holders shall be filed with the Trustee Trustee, but such filing shall not be a condition precedent to the validity of any action taken in reliance upon on such a waiver. In caseany 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, by reason of and any notice that is mailed in the suspension of regular mail service as a result of a strike, work stoppage or similar activity, it manner herein provided shall be impractical conclusively presumed to mail have been duly given. In any case where notice of to Holders is given by publication, any event to Securityholders when such defect in any notice is required to be given pursuant so published as to any provision of this Pooling Agreement, then any manner of giving such notice as shall be satisfactory to the Trustee shall be deemed to be a sufficient giving of such notice. Where this Pooling Agreement provides for notice to the Rating Agencies, failure to give such notice particular Holder shall not affect the sufficiency of such notice with respect to other Holders, and any other rights or obligations created hereunder.notice that is published in the manner herein provided shall be conclusively presumed to have been duly given. Section 16.05

Appears in 1 contract

Samples: SmileDirectClub, Inc.

Notices to Securityholders; Waiver. Where this Pooling Agreement Indenture or any Security provides for notice to Securityholders Holders of any event, (1) if any of the Securities affected by such event are Regis tered Securities, such notice shall be sufficiently given (unless otherwise herein or in such Securities expressly provided) if in writing and mailed, first-class, postage prepaid prepaid, to each Securityholder affected by Registered Holder of such event (and in all cases, the Insurer and Xxxxxxx Mac shall receive notice)Securities, at his address as it appears on 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) if any of the Securities affected by such event are Unregistered Securities, such notice shall be sufficiently given (unless otherwise 15 9 herein or in such Securities expressly provided) if published once in an Authorized Newspaper in the Place of Payment or, if such Unregistered Securities are listed on the Luxembourg Stock Exchange and if so requested by such exchange, in Luxembourg, 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 Securityholders is given by mail, neither the failure to mail such notice notice, nor any defect in any notice so mailed mailed, to any particular Securityholder shall affect the sufficiency of such notice with respect to other Securityholders, and any notice that is mailed in the manner herein provided shall conclusively be presumed to have been duly given. Where this Pooling Agreement Indenture provides for notice in any manner, such notice may be waived in writing by any 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 Securityholders shall be filed with the Trustee Trustee, but such filing shall not be a condition precedent to the validity of any action taken in reliance upon such waiver. 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 impossible to make publication of any notice in an Authorized Newspaper or Authorized Newspapers as required by any Security or this Indenture, then such method of publication or notification as shall be made with the approval of the Trustee shall constitute a waiversufficient publication of such notice. In case, by reason of the suspension of regular mail service as a result of a strike, work stoppage or similar activityotherwise, it shall be impractical impracticable to mail notice of any event to Securityholders the Holders of Securities when such notice is required to be given pursuant to any provision of this Pooling AgreementIndenture, then any manner of giving such notice as shall be satisfactory to the Trustee and the Company shall be deemed to be a sufficient giving of such notice. Where this Pooling Agreement provides for notice to the Rating Agencies, failure to give such notice shall not affect any other rights or obligations created hereunder.

Appears in 1 contract

Samples: Xerox Corp

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Notices to Securityholders; Waiver. Where this Pooling Agreement Indenture or any Security provides for notice to Securityholders of any event, such notice shall be sufficiently given (unless otherwise herein or in such Security expressly provided) if in writing and mailed, first-classclass postage prepaid, postage prepaid to each Securityholder affected by such event (and in all cases, the Insurer and Xxxxxxx Mac shall receive notice)event, at his address as it appears on in the Security Register, not later than the latest date, and not earlier than the earliest date, prescribed for the giving of such notice. Any notice or communication shall also be mailed to any Person described in TIA Section 313(c), to the extent required by the TIA. Copies of any such communication or notice to a Holder shall also be mailed to the Trustee and each Agent at the same time. In any case where notice to Securityholders is given by mail, neither the failure to mail such notice notice, nor any defect in any notice so mailed mailed, to any particular Securityholder shall affect the sufficiency of such notice with respect to other Securityholders, and any notice that is mailed in the manner herein provided shall conclusively be presumed to have been duly given. Where this Pooling Agreement Indenture or any Security provides for notice in any manner, such notice may be waived in writing by any 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 Securityholders shall be filed with the Trustee Trustee, but such filing shall not be a condition precedent to the validity of any action taken in reliance upon such a waiver. In case, by reason of the suspension of regular mail service as a result of a strike, work stoppage or similar activityotherwise, it shall be impractical to mail notice of any event to Securityholders any Securityholder when such notice is required to be given pursuant to any provision of this Pooling AgreementIndenture, then any manner method of giving such notice notification as shall be satisfactory to the Trustee and the Company shall be deemed to be a sufficient giving of such notice. Where Holders may communicate pursuant to TIA Section 312(b) with other Holders with respect to their rights under this Pooling Agreement provides for notice to Indenture or the Rating AgenciesSecurities. The Company, failure to give such notice the Trustee, the Registrar and anyone else shall not affect any other rights or obligations created hereunderhave the protection of TIA Section 312(c).

Appears in 1 contract

Samples: Indenture (Time Warner Telecom Inc)

Notices to Securityholders; Waiver. Where this Pooling Agreement Indenture or any Security provides for notice to Securityholders of any event, such notice shall be sufficiently given (unless otherwise herein or in such Security expressly provided) if in writing and mailed, first-classclass postage prepaid, postage prepaid at the expense of the Company, to each Securityholder affected by such event (and in all cases, the Insurer and Xxxxxxx Mac shall receive notice)event, at his its address as it appears on in the Security Register, except, in the case of a Global Security registered in the name of DTC or its nominee, in the then-customary manner of notification not later than the latest date, and not earlier than the earliest date, prescribed for the giving of such notice; except that, so long as the Securities are listed on the Luxembourg Stock Exchange and the rules of that exchange so require, notices shall also be published in a leading newspaper having general circulation in Luxembourg (which is expected to be the Luxemburger Wort) and notices shall also be published in a leading newspaper having general circulation in Argentina (which is expected to be La Nacion) and otherwise in accordance with the provisions of the Negotiable Obligations Law and other applicable regulations (including publication in the Official Gazette of Argentina, if required). Notices shall also be placed in a leading newspaper having general circulation in any city in which the Securities are listed on a stock exchange, if so required by the rules of such stock exchange. Any notice so mailed shall be deemed given on the date of receipt, and Notices given by publication shall be deemed given on the last day of such publication. In any case where notice to Securityholders is given by mail, neither the inadvertent failure to mail such notice notice, nor any defect in any notice so mailed mailed, to any particular Securityholder shall affect the sufficiency of such notice with respect to other Securityholders, and any notice that is mailed in the manner herein provided shall conclusively be presumed to have been duly given. Where this Pooling Agreement Indenture or any Security provides for notice in any manner, such notice may be waived in writing by any 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 Securityholders shall be filed with the Trustee Trustee, but such filing shall not be a condition precedent to the validity of any action taken in reliance upon such a waiver. In case, by reason of the suspension of regular mail service as a result of a strike, work stoppage or similar activityotherwise, it shall be impractical to mail notice of any event to Securityholders any Securityholder when such notice is required to be given pursuant to any provision of this Pooling AgreementIndenture, then any manner method of giving such notice notification as shall be satisfactory to the Trustee and the Company shall be deemed to be a sufficient giving of such notice. Where this Pooling Agreement provides for notice to the Rating Agencies, failure to give such notice shall not affect any other rights or obligations created hereunder.

Appears in 1 contract

Samples: Indenture (Perez Companc Sa)

Notices to Securityholders; Waiver. Where this Pooling Agreement Indenture provides for notice to Securityholders of any event, such notice shall be sufficiently given (unless otherwise herein expressly provided) (a) to Holders of Registered Securities, if in writing and mailed, first-class, postage prepaid prepaid, to each Securityholder Holder of Registered Securities affected by such event (and in all cases, the Insurer and Xxxxxxx Mac shall receive notice)event, at his such Holder's address as it appears on the Security Register, not later than the latest date, and not earlier than the earliest date, prescribed for the giving of such notice and (b) except as otherwise specified with respect to any Securities pursuant to Section 3.01, to Holders of Bearer Securities, if published in an Authorized Newspaper in the City of New York and, if the Securities of such series are then listed on the International 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 later than the latest date and not earlier than the earliest date prescribed for the giving of such notice. Any such notice shall be deemed to have been given on the date of such publication or, if published more than once, on the date of the first publication. In any case where notice to Securityholders Holders of Registered Securities is given by mail, neither the failure to mail such notice notice, nor any defect in any notice so mailed mailed, to any particular Securityholder Holder of a Registered Security shall affect the sufficiency of such notice with respect to other Securityholders, and Holders of Registered Securities or the sufficiency of any notice that is by publication to Holders of Bearer Securities given as provided herein. Any notice mailed to a Holder in the manner prescribed herein provided shall be conclusively be presumed deemed to have been duly given. Where this Pooling Agreement provides for notice in any manner, given to such notice may be waived in writing by any Person entitled to receive such notice, either before Holder whether or after the event, and such waiver shall be the equivalent of such notice. Waivers of notice by Securityholders 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 a waiver. In case, by reason of the suspension of regular mail service as a result of a strike, work stoppage or similar activity, it shall be impractical to mail notice of any event to Securityholders when such notice is required to be given pursuant to any provision of this Pooling Agreement, then any manner of giving such notice as shall be satisfactory to the Trustee shall be deemed to be a sufficient giving of such notice. Where this Pooling Agreement provides for notice to the Rating Agencies, failure to give such notice shall not affect any other rights or obligations created hereunder.received by

Appears in 1 contract

Samples: Rockwell International Corp

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