Common use of Notices Clause in Contracts

Notices. Any notice or communication by the Company, any Guarantor or the Trustee to the others is duly given if in writing and delivered in Person or mailed by first class mail (registered or certified, return receipt requested), telex, telecopier or overnight air courier guaranteeing next day delivery, to the others’ address: If to the Company and/or any Guarantor: FiberTower Corporation ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇, Suite 4800 San Francisco, CA 94107 Fax: ▇▇▇-▇▇▇-▇▇▇▇ Attention: Chief Financial Officer With a copy (which shall not constitute notice) to: ▇▇▇▇▇▇▇ ▇▇▇▇▇ LLP ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, Suite 4200 Houston, TX 77002 Fax: ▇▇▇-▇▇▇-▇▇▇▇ Attention: W. ▇▇▇▇ ▇▇▇▇▇, Esq. If to the Trustee and/or Collateral Agent: ▇▇▇▇▇ Fargo Bank, National Association Corporate Trust Services ▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, 2nd Floor Dallas, TX ▇▇▇▇▇-▇▇▇▇ Fax: ▇▇▇-▇▇▇-▇▇▇▇ Attention: ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇ The Company, any Guarantor or the Trustee, by notice to the others may designate additional or different addresses for subsequent notices or communications. All notices and communications (other than those sent to Holders) shall be deemed to have been duly given: at the time delivered by hand, if personally delivered; five (5) Business Days after being deposited in the mail, postage prepaid, if mailed; when answered back, if telexed; when receipt acknowledged, if telecopied; and the next Business Day after timely delivery to the courier, if sent by overnight air courier guaranteeing next day delivery. Any notice or communication to a Holder shall be mailed by first class mail, certified or registered, return receipt requested, or by overnight air courier guaranteeing next day delivery to its address shown on the register kept by the Registrar. Any notice or communication shall also be so mailed to any Person described in TIA § 313(c), to the extent required by the TIA. Failure to mail a notice or communication to a Holder or any defect in it shall not affect its sufficiency with respect to other Holders. If a notice or communication is mailed in the manner provided above within the time prescribed, it is duly given, whether or not the addressee receives it. If the Company or a Guarantor mails a notice or communication to Holders, it shall mail a copy to the Trustee and each Agent at the same time.

Appears in 8 contracts

Sources: Indenture (FiberTower CORP), Indenture (FiberTower CORP), Indenture (FiberTower CORP)

Notices. Any (a) Unless otherwise specifically provided herein, all notices required under the terms and provisions of this Agreement shall be in English and in writing, and any such notice may be given by United States mail, courier service, telegram, telemessage, telecopy, telefax, cable or communication facsimile (confirmed by the Company, any Guarantor telephone or the Trustee to the others is duly given if in writing in the case of notice by telegram, telemessage, telecopy, telefax, cable or facsimile) or any other customary means of communication, and delivered any such notice shall be effective when delivered, or if mailed, three days after deposit in Person or mailed by first class the United States mail (registered or certifiedwith proper postage for ordinary mail prepaid, return receipt requested), telex, telecopier or overnight air courier guaranteeing next day delivery, to the others’ address: If if to the Company and/or any or the Guarantor, to: FiberTower Corporation American Trans Air, Inc. ▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, Suite 4800 San Francisco, CA 94107 Fax: ▇ Indianapolis International Airport ▇▇▇-▇▇▇-▇▇▇▇ Attention: Chief Financial Officer With a copy (which shall not constitute notice) to: ▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ LLP ATTENTION: Executive Vice President and Chief Financial Officer ---------- FACSIMILE: (▇▇▇) ▇▇▇-▇▇▇▇ ---------- if to the Trustee, to: Wilmington Trust Company ▇▇▇▇▇▇ Square North ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, Suite 4200 Houston, TX 77002 Fax: ▇▇▇-▇, ▇▇▇▇▇▇▇▇ ▇▇▇▇▇ ATTENTION: Corporate Trust Administration ---------- FACSIMILE: (▇▇▇) ▇▇▇-▇▇▇▇ Attention: W. ▇▇▇▇ ▇▇▇▇▇, Esq. If to the Trustee and/or Collateral Agent: ▇▇▇▇▇ Fargo Bank, National Association Corporate Trust Services ▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, 2nd Floor Dallas, TX ▇▇▇▇▇-▇▇▇▇ Fax: ▇▇▇-▇▇▇-▇▇▇▇ Attention: ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇ ---------- (b) The Company, any the Guarantor or the Trustee, by notice to the others other, may designate additional or different addresses for subsequent notices or communications. All notices and communications . (other than those sent to Holdersc) shall be deemed to have been duly given: at the time delivered by hand, if personally delivered; five (5) Business Days after being deposited in the mail, postage prepaid, if mailed; when answered back, if telexed; when receipt acknowledged, if telecopied; and the next Business Day after timely delivery to the courier, if sent by overnight air courier guaranteeing next day delivery. Any notice or communication to a Holder Certificateholders shall be mailed by first first-class mail, certified or registered, return receipt requested, or by overnight air courier guaranteeing next day delivery mail to its address the addresses for Certificateholders shown on the register Register kept by the Registrar. Any notice or communication shall also be so mailed Registrar and to any Person described in TIA § 313(c), to addresses filed with the extent required by the TIATrustee. Failure so to mail a notice or communication to a Holder or any defect in it such notice or communication shall not affect its sufficiency with respect to other Holders. Certificateholders. (d) If a notice or communication is mailed in the manner provided above within the time prescribed, it is conclusively presumed to have been duly given, whether or not the addressee receives it. . (e) If the Company or a Guarantor mails a notice or communication to Holdersthe Certificateholders, it shall mail a copy to the Trustee and to each Paying Agent at the same time. (f) Notwithstanding the foregoing, all communications or notices to the Trustee shall be deemed to be given only when received by a Responsible Officer of the Trustee. (g) The Trustee shall promptly furnish the Company with a copy of any demand, notice or written communication received by the Trustee hereunder from any Certificateholder, Owner Trustee or Loan Trustee.

Appears in 8 contracts

Sources: Pass Through Trust Agreement (Amtran Inc), Pass Through Trust Agreement (Amtran Inc), Pass Through Trust Agreement (Amtran Inc)

Notices. Any notice or communication by the Company, any Guarantor or the Trustee to the others is duly given if it is in writing and delivered in Person or mailed by first class mail (registered or certified, return receipt requested), telex, telecopier facsimile transmission or overnight air courier guaranteeing next day delivery, to the others’ address: If to the Company and/or any Guarantor: FiberTower Corporation ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇, Suite 4800 San Francisco, CA 94107 Fax: ▇▇▇-▇▇▇-▇▇▇▇ Attention: Chief Financial Officer With a copy (which shall not constitute notice) to: ▇▇▇▇▇▇▇ ▇▇▇▇▇ LLP ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, Suite 4200 Houston, TX 77002 Fax: ▇▇▇-▇▇▇-▇▇▇▇ Attention: W. ▇▇▇▇ ▇▇▇▇▇, Esq. If to the Trustee and/or Collateral Agent: ▇▇▇▇▇ Fargo Bank, National Association Corporate Trust Services Healthcare Corporation ▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, 2nd Floor Suite 1400 Dallas, TX 75202 Facsimile No.: (▇▇▇) ▇▇▇-▇▇▇▇ Attention: General Counsel With a copy to: ▇▇▇▇▇▇, ▇▇▇▇ & ▇▇▇▇▇▇▇▇ LLP ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇, ▇▇ ▇▇▇▇▇-▇▇▇▇ FaxFacsimile No.: (▇▇▇-) ▇▇▇-▇▇▇▇ Attention: ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇ If to the Trustee: The Bank of New York Mellon Trust Company, N.A. ▇▇▇ ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇ ▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇ Facsimile No.: (▇▇▇) ▇▇▇-▇▇▇▇ Attention: Corporate Unit The Company, any Guarantor or the Trustee, by notice to the others others, may designate additional or different addresses for subsequent notices or communications. All notices and communications (other than those sent to Holders) shall will be deemed to have been duly given: at the time delivered by hand, if personally delivered; five (5) Business Days after being deposited in the mail, postage prepaid, if mailed; when answered back, if telexed; when receipt acknowledged, if telecopiedtransmitted by facsimile; and the next Business Day after timely delivery to the courier, if sent by overnight air courier guaranteeing next day delivery. The Trustee agrees to accept and act upon instructions or directions pursuant to this Indenture sent by unsecured e-mail, pdf, facsimile transmission or other similar unsecured electronic methods. If the party elects to give the Trustee e-mail or facsimile instructions (or instructions by a similar electronic method) and the Trustee in its discretion elects to act upon such instructions, the Trustee’s understanding of such instructions shall be deemed controlling. The Trustee shall not be liable for any losses, costs or expenses arising directly or indirectly from the Trustee’s reliance upon and compliance with such instructions notwithstanding whether such instructions conflict or are inconsistent with a subsequent written instruction. The party providing electronic instructions agrees to assume all risks arising out of the use of such electronic methods to submit instructions and directions to the Trustee, including without limitation the risk of the Trustee acting on unauthorized instructions, and the risk or interception and misuse by third parties. Any notice or communication to a Holder shall will be mailed by first class mail, certified or registered, return receipt requested, or by overnight air courier guaranteeing next day delivery to its address shown on the register kept by the Registrar. Any notice or communication shall will also be so mailed to any Person described in TIA § Section 313(c)) of the Trust Indenture Act, to the extent required by the TIATrust Indenture Act. Failure to mail a notice or communication to a Holder or any defect in it shall will not affect its sufficiency with respect to other Holders. If a notice or communication is mailed in the manner provided above within the time prescribed, it is duly given, whether or not the addressee receives it. If the Company or a Guarantor mails a notice or communication to Holders, it shall will mail a copy to the Trustee and each Agent at the same time.

Appears in 7 contracts

Sources: Supplemental Indenture (Tenet Healthcare Corp), Supplemental Indenture (Tenet Healthcare Corp), Supplemental Indenture (Tenet Healthcare Corp)

Notices. Any notice or communication by the Company, any Guarantor Company or the Trustee to the others is duly given if in writing and delivered in Person or mailed by first class mail (registered or certified, return receipt requested), telex, telecopier or overnight air courier guaranteeing next day delivery, to the others' address: If to the Company and/or any GuarantorCompany: FiberTower Corporation Crown Castle International Corp. ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇, Suite 4800 San Francisco, CA 94107 Fax: ▇▇▇-▇▇ ▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇ Telecopier No.: (▇▇▇) ▇▇▇-▇▇▇▇ Attention: Chief Financial Officer With a copy (which shall not constitute notice) to: ▇▇Cravath, Swaine & ▇▇▇▇▇ ▇▇▇▇▇ LLP ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, Suite 4200 Houston, TX 77002 Fax: ▇▇▇-▇▇▇-▇▇▇Attention: W. ▇▇▇▇ ▇▇▇▇, Esq. If to the Trustee and/or Collateral Agent: ▇▇▇▇▇ Fargo Bank, National Association Corporate Trust Services ▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, 2nd Floor Dallas, TX ▇ Telecopier No.: (▇▇▇▇▇-▇▇▇▇ Fax: ▇▇▇-) ▇▇▇-▇▇▇▇ Attention: ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇, Esq. If to the Trustee: Unites States Trust Company of New York ▇▇▇ ▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇ ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇ Telecopier No.: (▇▇▇) ▇▇▇-▇▇▇▇ Attention: ▇▇▇▇▇▇ ▇. ▇▇▇▇▇ Corporate Trust Division The Company, any Guarantor Company or the Trustee, by notice to the others others, may designate additional or different addresses for subsequent notices or communications. All notices and communications (other than those sent to Holders) shall be deemed to have been duly given: at the time delivered by hand, if personally delivered; five (5) Business Days after being deposited in the mail, postage prepaid, if mailed; when answered back, if telexed; when receipt acknowledged, if telecopied; and the next Business Day after timely delivery to the courier, if sent by overnight air courier guaranteeing next day delivery. Any notice or communication to a Holder shall be mailed by first class mail, certified or registered, return receipt requested, or by overnight air courier guaranteeing next day delivery to its address shown on the register kept by the Registrar. Any notice or communication shall also be so mailed to any Person described in TIA § (S) 313(c), to the extent required by the TIA. Failure to mail a notice or communication to a Holder or any defect in it shall not affect its sufficiency with respect to other Holders. If a notice or communication is mailed in the manner provided above within the time prescribed, it is duly given, whether or not the addressee receives it. If the Company or a Guarantor mails a notice or communication to Holders, it shall mail a copy to the Trustee and each Agent at the same time.

Appears in 6 contracts

Sources: Indenture (Crown Castle International Corp), Indenture (Crown Castle International Corp), Indenture (Crown Castle International Corp)

Notices. Any notice or communication by the Company, any Guarantor or the Trustee to the others is duly shall be sufficiently given if in writing and delivered in Person person or mailed by first class certified or registered mail (registered or certified, return receipt requested), telexfacsimile, telecopier or overnight air courier guaranteeing next day delivery, to the others’ addressaddressed as follows: If to the Company and/or or any Subsidiary Guarantor: FiberTower Chesapeake Energy Corporation ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇, Suite 4800 San Francisco, CA 94107 Fax: ▇▇▇-▇▇▇-▇▇▇▇ Attention: Chief Financial Officer With a copy (which shall not constitute notice) to: ▇▇▇▇▇▇▇ ▇▇▇▇▇ LLP ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, Suite 4200 Houston, TX 77002 Fax: ▇▇ ▇▇▇-▇, ▇▇▇-▇▇▇▇▇ ▇▇▇▇▇ Attention: W. Chief Financial Officer If to the Trustee: The Bank of New York ▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ 8th Floor New York, Esq. If to the Trustee and/or Collateral AgentNew York 10286 Attention: ▇▇▇▇▇ Fargo Bank, National Association Corporate Trust Services ▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, 2nd Floor Dallas, TX ▇▇▇▇▇-▇▇▇▇ Fax: ▇▇▇-▇▇▇-▇▇▇▇ Attention: ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇ Department The Company, Company or any Subsidiary Guarantor or the Trustee, Trustee by notice to the others other may designate additional or different addresses for subsequent notices or communications. All notices and communications (other than those sent to Holders) shall be deemed to have been duly given: at the time delivered by hand, if personally delivered; five (5) Business Days after being deposited in the mail, postage prepaid, if mailed; when answered back, if telexed; when receipt acknowledged, if faxed or telecopied; and the next Business Day after timely delivery to the courier, if sent by overnight air courier guaranteeing next day delivery. Any notice or communication mailed to a Holder shall be mailed by first first-class mail, certified or registered, return receipt requested, or by overnight air courier guaranteeing next day delivery mail to its the address shown for such Holder appearing on the register kept by registration books of the Registrar. Any notice or communication Registrar and shall also be sufficiently given to such Holder if so mailed to any Person described in TIA § 313(c), to within the extent required by the TIAtime prescribed. Failure to mail a notice or communication to a Holder or any defect in it shall not affect its sufficiency with respect to other Holders. If a notice or communication is mailed in the manner provided above within the time prescribedabove, it is duly given, whether or not the addressee receives it. If the Company or a any Subsidiary Guarantor mails a notice or communication communications to Holders, it shall mail a copy to the Trustee and each Agent at the same time.

Appears in 5 contracts

Sources: Indenture (Chesapeake Orc LLC), Indenture (Chesapeake BNR Corp.), Indenture (Sap Acquisition LLC)

Notices. Any notice or communication by the CompanyAll notices, any Guarantor or the Trustee to the others is duly given if requests and other communications under this Award Agreement shall be in writing and shall be delivered in Person person (by courier or otherwise), mailed by first class mail (certified or registered or certifiedmail, return receipt requested), telexor sent by facsimile transmission or by e-mail or any other form of electronic transmission or delivery approved by the Committee, telecopier or overnight air courier guaranteeing next day delivery, as follows: if to the others’ addressCompany, to: If to the Company and/or any Guarantor: FiberTower Corporation Citizens Financial Group, Inc. ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇, Suite 4800 San Francisco, CA 94107 Fax: ▇▇▇-▇▇▇-▇▇▇▇ Attention: Chief Financial Officer With a copy (which shall not constitute notice) to: ▇▇▇▇▇▇▇ ▇▇▇▇▇ LLP ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, Suite 4200 Houston, TX 77002 Fax: ▇▇▇-▇▇▇-▇▇▇▇ Attention: W. ▇▇▇▇ ▇▇▇▇▇, Esq. If to the Trustee and/or Collateral Agent: ▇▇▇▇▇ Fargo Bank, National Association Corporate Trust Services ▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, 2nd Floor Dallas, TX ▇▇▇▇▇-▇▇▇▇ Fax: ▇▇▇-▇▇▇-▇▇▇▇ Attention: ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇, ▇The ▇▇▇▇▇ Attention: Corporate Secretary if to the Recipient, to the address that the Recipient most recently provided to the Company, any Guarantor or to such other address, facsimile number, e-mail address or such other form of electronic transmission or delivery as such party may hereafter specify for the Trustee, purpose by notice to the others may designate additional or different addresses for subsequent notices or communicationsother parties hereto. All notices such notices, requests and other communications (other than those sent to Holders) shall be deemed received on the date of receipt by the recipient thereof if received prior to have been duly given: at the time delivered by hand, if personally delivered; five (5) Business Days after being deposited 5:00 p.m. on a business day in the mailplace of receipt. Otherwise, postage prepaidany such notice, if mailed; when answered back, if telexed; when receipt acknowledged, if telecopied; and the next Business Day after timely delivery to the courier, if sent by overnight air courier guaranteeing next day delivery. Any notice or communication to a Holder shall be mailed by first class mail, certified or registered, return receipt requested, or by overnight air courier guaranteeing next day delivery to its address shown on the register kept by the Registrar. Any notice request or communication shall also be so mailed to any Person described deemed received on the next succeeding business day in TIA § 313(c), the place of receipt. Notwithstanding anything to the extent contrary contained in this Award Agreement, the Company may, in its sole discretion, deliver and, by acceptance of this grant, the Recipient hereby explicitly and unambiguously consents and agrees to the receipt and delivery of, any notices permitted or required hereunder, documents related to the Award and/or any other information (including, without limitation, information required to be delivered to the Recipient pursuant to applicable securities laws) regarding the Company and the Subsidiaries or the Award by electronic means, including but not limited to through the TIA. Failure to mail a notice Recipient’s electronic account, through another on-line or communication to a Holder or any defect in it shall not affect its sufficiency with respect to other Holders. If a notice or communication is mailed in the manner provided above within the time prescribed, it is duly given, whether or not the addressee receives it. If electronic account system established and maintained by the Company or another third party designated by the Company or via the Company website. Such consent shall remain in effect throughout the Recipient’s term of employment or service with the Company and thereafter until withdrawn in writing by the Recipient. The Recipient acknowledges that the Recipient may receive from the Company a Guarantor mails a notice paper copy of any notices or communication to Holders, it shall mail a copy documents delivered electronically at no cost to the Trustee and each Agent at Recipient by contacting the same timeCompany by telephone or in writing.

Appears in 5 contracts

Sources: Deferred Cash Award Agreement (Citizens Financial Group Inc/Ri), Deferred Cash Award Agreement (Citizens Financial Group Inc/Ri), Deferred Cash Award Agreement (Citizens Financial Group Inc/Ri)

Notices. Any notice or communication by the Company, any Guarantor or the Trustee to the others is duly given if in writing and delivered in Person or mailed by first class mail (registered or certified, return receipt requested), telex, telecopier facsimile transmission or overnight air courier guaranteeing next day delivery, to the others’ address: If to the Company and/or any Guarantor: FiberTower Corporation Viking Cruises Ltd ▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇, Suite 4800 San Francisco, CA 94107 Fax: ▇▇▇-▇▇▇-▇▇▇▇ Attention: Chief Financial Officer With a copy (which shall not constitute notice) to: ▇▇▇▇▇▇▇ ▇▇▇▇▇ LLP ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, Suite 4200 Houston, TX 77002 Fax: ▇▇▇-▇▇ ▇▇▇ Woodland Hills, California 91367 Facsimile No.: (▇▇▇) ▇▇▇-▇▇▇▇ Attention: W. Investor Relations With a copy to (which copy shall be delivered as an accommodation and shall not be required to be delivered in satisfaction of any requirement hereof): Skadden, Arps, Slate, ▇▇▇▇▇▇▇ & ▇▇▇▇ LLP ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇, Esq. If to the Trustee and/or Collateral Agent▇▇▇▇▇ ▇▇▇▇ Los Angeles, California 90071-3144 Facsimile No.: (▇▇▇) ▇▇▇-▇▇▇▇ Attention: ▇▇▇▇▇ Fargo Bank▇▇▇▇ and ▇▇▇▇▇▇▇▇ ▇▇ If to the Trustee: The Bank of New York Mellon Trust Company, National Association Corporate Trust Services N.A. ▇▇▇ ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, 2nd Floor Dallas, TX ▇▇▇▇-▇▇ Los Angeles, California 90017 Facsimile No.: (▇▇▇▇ Fax: ▇▇▇-) ▇▇▇-▇▇▇▇ Attention: ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇ Corporate Trust Division – Corporate Finance Unit The Company, any Guarantor or the Trustee, by notice to the others others, may designate additional or different addresses for subsequent notices or communications. All notices and communications (other than those sent to the Trustee and the Holders) shall will be deemed to have been duly given: at the time delivered by hand, if personally delivered; five (5) Business Days after being deposited in the mail, postage prepaid, if mailed; when answered back, if telexed; when receipt acknowledged, if telecopiedtransmitted by facsimile; and the next Business Day after timely delivery to the courier, if sent by overnight air courier guaranteeing next day delivery. Any notice or communication to a Holder shall will be mailed by first class mail, certified or registered, return receipt requested, or by overnight air courier guaranteeing next day delivery to its address shown on the register kept by the Registrar. Any notice or communication shall also be so mailed to any Person described in TIA § 313(c), to the extent required by the TIA. Failure to mail a notice or communication to a Holder or any defect in it shall will not affect its sufficiency with respect to other Holders. If a notice or communication is mailed in the manner provided above within the time prescribed, it is duly given, whether or not the addressee receives it, except in the case of notices or communications given to the Trustee, which shall be effective only upon actual receipt by the Trustee at its Corporate Trust Office. If the Company or a Guarantor mails a notice or communication to Holders, it shall will mail a copy to the Trustee and each Agent at the same time. The Trustee shall have the right, but shall not be required, to rely upon and comply with notices, instructions, directions or other communications sent by e-mail, pdf, facsimile and other similar unsecured electronic methods by persons believed by the Trustee to be authorized to give instructions and directions on behalf of the Company. The Trustee shall have no duty or obligation to verify or confirm that the person who sent such instructions or directions is, in fact, a person authorized to give instructions or directions on behalf of the Company; and the Trustee shall have no liability for any losses, liabilities, costs or expenses incurred or sustained by the Company as a result of such reliance upon or compliance with such notices, instructions, directions or other communications; provided that such reliance was not in bad faith. If the Company elects to give the Trustee e-mail or facsimile instructions (or instructions by any other similar electronic method) and the Trustee in its discretion elects to act upon such instructions, the Trustee’s understanding of such instructions shall be deemed controlling. The Company agrees to assume all risks arising out of the use of such electronic methods to submit notices, instructions, directions or other communications to the Trustee, including without limitation the risk of the Trustee acting on unauthorized instructions, and the risk of interception and misuse by third parties. The Company shall use all reasonable endeavors to ensure that any such notices, instructions, directions or other communications transmitted to the Trustee pursuant to this Indenture are complete and correct. Any such notices, instructions, directions or other communications shall be conclusively deemed to be valid instructions from the Company to the Trustee for the purposes of this Indenture.

Appears in 5 contracts

Sources: Indenture (Viking Holdings LTD), Indenture (Viking Holdings LTD), Indenture (Viking Holdings LTD)

Notices. Any notice notices or communication by the Company, any Guarantor other communications required or the Trustee to the others is duly given if permitted hereunder shall be in writing and delivered in Person or mailed shall be sufficiently given if made by hand delivery, first class mail (registered or certified, return receipt requested), telex, telecopier facsimile transmission or overnight air courier guaranteeing next day delivery, to the others’ addressand addressed as follows: If to the Company and/or any GuarantorIssuers: FiberTower Corporation ▇▇▇ CCO Holdings, LLC CCO Holdings Capital Corp. c/o Charter Communications, Inc. ▇▇▇▇▇ ▇▇▇▇▇▇, Suite 4800 San Francisco, CA 94107 Fax: ▇▇▇-▇▇ ▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇ ▇▇. ▇▇▇▇▇, ▇▇▇▇▇▇▇▇ ▇▇▇▇▇ Facsimile No.: (▇▇▇) ▇▇▇-▇▇▇▇ Attention: Chief Financial Officer Corporate Secretary With a copy (which shall not constitute notice) to: ▇▇▇▇▇▇& ▇▇▇▇▇ LLP ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, Suite 4200 Houston, TX 77002 Fax: ▇▇▇-▇▇▇-▇▇▇▇ Attention: W. ▇▇▇▇ ▇▇▇▇▇, Esq. If to the Trustee and/or Collateral Agent: ▇ ▇▇▇ ▇▇▇▇▇ Fargo Bank, National Association Corporate Trust Services ▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, 2nd Floor Dallas, TX ▇ Facsimile No.: (▇▇▇▇▇-▇▇▇▇ Fax: ▇▇▇-) ▇▇▇-▇▇▇▇ Attention: ▇▇▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇, Esq. If to the Trustee: The Bank of New York Mellon Trust Company, N.A. ▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇ ▇▇▇▇▇ Facsimile No.: (▇▇▇) ▇▇▇-▇▇▇▇ Attention: Corporate Trust Administration The Company, any Guarantor Issuers or the Trustee, by notice to the others each other Person may designate additional or different addresses for subsequent notices or communications. All notices and communications (other than those sent to Holders) shall be deemed to have been duly given: at the time delivered by hand, if personally delivered; five (5) Business Days after being deposited in the mail, postage prepaid, if mailed; when answered back, if telexed; when receipt acknowledged, if telecopiedtransmitted by facsimile; and the next Business Day after timely delivery to the courier, if sent by overnight air courier guaranteeing next day delivery. Any notice or communication to a Holder shall be mailed by first class mail, certified or registered, return receipt requested, or by overnight air courier guaranteeing next day delivery to its address shown on the register kept by the Registrar. Any notice or communication shall also be so mailed to any Person described in TIA § 313(c), to the extent required by the TIA. Failure to mail a notice or communication to a Holder or any defect in it shall not affect its sufficiency with respect to other Holders. If a notice or communication is mailed in the manner provided above within the time prescribed, it is duly given, whether or not the addressee receives it. If the Company or a Guarantor mails Issuers mail a notice or communication to Holders, it shall mail a copy to the Trustee and each Agent at the same time. The Trustee agrees to accept and act upon instructions or directions pursuant to this Indenture sent by unsecured e-mail, pdf, facsimile transmission or other similar unsecured electronic methods, provided, however, that the Trustee shall have received an incumbency certificate listing persons designated to give such instructions or directions and containing specimen signatures of such designated persons, which such incumbency certificate shall be amended and replaced whenever a person is to be added or deleted from the listing. If the Issuer elects to give the Trustee e-mail or facsimile instructions (or instructions by a similar electronic method) and the Trustee in its discretion elects to act upon such instructions, the Trustee’s understanding of such instructions shall be deemed controlling. The Trustee shall not be liable for any losses, costs or expenses arising directly or indirectly from the Trustee’s reliance upon and compliance with such instructions notwithstanding such instructions conflict or are inconsistent with a subsequent written instruction. The Issuer agrees to assume all risks arising out of the use of such electronic methods to submit instructions and directions to the Trustee, including without limitation the risk of the Trustee acting on unauthorized instructions, and the risk or interception and misuse by third parties.

Appears in 5 contracts

Sources: Indenture (Charter Communications, Inc. /Mo/), Indenture (Cco Holdings Capital Corp), Indenture (Charter Communications, Inc. /Mo/)

Notices. Any notice or communication by the CompanyPartnership, any Subsidiary Guarantor or the Trustee to the others is duly given if in writing and delivered in Person person or mailed by first first-class mail (registered or certified, return receipt requested), telex, telecopier facsimile or overnight air courier guaranteeing next day delivery, to the others’ other’s address: If to the Company and/or any GuarantorPartnership or the Subsidiary Guarantors: FiberTower Corporation ▇▇▇ ▇Energy Transfer Partners, L.P. ▇▇▇▇ ▇▇▇▇▇▇, Suite 4800 San Francisco, CA 94107 Fax: ▇▇▇-▇▇▇-▇▇▇▇ Attention: Chief Financial Officer With a copy (which shall not constitute notice) to: ▇▇▇▇▇▇▇ ▇▇▇▇▇ LLP ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, Suite 4200 Houston, TX 77002 Fax: ▇▇▇-▇▇▇-▇▇▇▇ Attention: W. ▇▇▇▇ ▇▇▇▇▇, Esq. If to the Trustee and/or Collateral Agent: ▇▇▇▇▇ Fargo Bank, National Association Corporate Trust Services ▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, 2nd Floor Dallas, TX ▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇-, ▇▇▇▇▇▇▇▇ Fax: ▇▇-▇▇▇-▇▇▇▇ AttentionAttn: ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇Telephone: (▇▇▇) ▇▇▇-▇▇▇▇ Facsimile: (▇▇▇) ▇▇▇-▇▇▇▇ If to the Trustee: Attn: Telephone: Facsimile: The CompanyPartnership, any Subsidiary Guarantor or the Trustee, Trustee by notice to the others may designate additional or different addresses for subsequent notices or communications. All notices and communications (other than those sent to Holders) shall be deemed to have been duly given: at the time delivered by hand, if personally delivered; five (5) Business Days after being deposited in the mail, postage prepaid, if mailed; when answered back, if telexed; when receipt acknowledged, if telecopiedby facsimile; and the next Business Day after timely delivery to the courier, if sent by overnight air courier guaranteeing next day delivery. Any notice or communication to a Holder shall be mailed by first first-class mail, certified or registeredpostage prepaid, return receipt requested, or by overnight air courier guaranteeing next day delivery to its the Holder’s address shown on the register kept by the Registrar. Any notice or communication shall also be so mailed to any Person described in TIA § 313(c), to the extent required by the TIA. Failure to mail a notice or communication to a Holder or any defect in it shall not affect its sufficiency with respect to other Holders. If a notice or communication is mailed in the manner provided above within the time prescribed, it is duly given, whether or not the addressee receives it, except in the case of notice to the Trustee, it is duly given only when received. If the Company Partnership or a Subsidiary Guarantor mails a notice or communication to Holders, it shall mail a copy to the others and to the Trustee and each Agent at the same time. All notices or communications, including without limitation notices to the Trustee, the Partnership or a Subsidiary Guarantor by Holders, shall be in writing, except as otherwise set forth herein. In case by reason of the suspension of regular mail service, or by reason of any other cause, it shall be impossible to mail any notice required by this Indenture, then such method of notification as shall be made with the approval of the Trustee shall constitute a sufficient mailing of such notice.

Appears in 4 contracts

Sources: Indenture (Heritage Operating Lp), Indenture (Heritage Operating Lp), Indenture (ETC Texas Pipeline, LTD)

Notices. (a) Any notice or communication by either of the CompanyCompany or any Subsidiary Guarantor, any Guarantor on the one hand, or the Trustee on the other hand, to the others other is duly given if in writing in the English language and delivered in Person or mailed by first class mail (registered or certified, return receipt requested), telex, telecopier facsimile or overnight air courier guaranteeing next day delivery, to the others’ address: If to the Company and/or or any Subsidiary Guarantor: FiberTower ▇▇▇▇▇▇▇▇ Petroleum Corporation ▇▇▇ ▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇▇, Suite 4800 San Francisco, CA 94107 Fax▇ Facsimile: (▇▇▇-) ▇▇▇-▇▇▇▇ Attention: Chief Financial Officer With a copy (which shall not constitute notice) toIf to the Trustee: ▇▇▇U.S. Bank National Association ▇▇▇▇ ▇▇▇▇▇ LLP ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, Suite 4200 Houston, TX 77002 Fax: 11th Floor EX-TX-WSFH ▇▇▇-▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇ Facsimile No.: (▇▇▇) ▇▇▇-▇▇▇▇ Attention: W. ▇▇▇▇ ▇▇▇▇▇, Esq. If to the Trustee and/or Collateral Agent: ▇▇▇▇▇ Fargo Bank, National Association Corporate Trust Services ▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, 2nd Floor Dallas, TX ▇▇▇▇▇-▇▇▇▇ Fax: ▇▇▇-▇▇▇-▇▇▇▇ Attention: ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇ Services (b) The Company, any Guarantor the Subsidiary Guarantors or the Trustee, by notice to the others may designate additional or different addresses for subsequent notices or communications. . (c) All notices and communications (other than those sent to Holders) shall be deemed to have been duly given: (i) at the time delivered by hand, if personally delivered; (ii) five (5) Business Days after being deposited in the mail, postage prepaid, if mailed; when answered back, if telexed; (iii) when receipt acknowledged, if telecopied; (iv) and the next Business Day after timely delivery to the courier, if sent by overnight air courier guaranteeing next day delivery. . (d) Any notice or communication to a Holder (i) of a Global Note shall be given in accordance with the rules and procedures of the Depositary, and (ii) otherwise shall be mailed by first class mail, certified or registered, return receipt requested, or by overnight air courier guaranteeing next day delivery to its address shown on the register kept by the Registrar. Any notice or communication shall also be so mailed to any Person described in TIA § Section 313(c), to the extent required by the TIA. Failure to mail a notice or communication to a Holder or any defect in it shall not affect its sufficiency with respect to other Holders. . (e) If a notice or communication is mailed in the manner provided above within the time prescribed, it is duly given, whether or not the addressee receives it. . (f) If the Company or a Guarantor mails a notice or communication to Holders, it shall mail a copy to the Trustee and each Agent at the same time.

Appears in 4 contracts

Sources: Indenture (Goodrich Petroleum Corp), Supplemental Indenture (Goodrich Petroleum Corp), Indenture (Goodrich Petroleum Corp)

Notices. Any notice or communication by the Company, any Guarantor Company or the Trustee to the others is duly given if in writing and delivered in Person or mailed by first class mail (registered or certified, return receipt requested), telex, telecopier or overnight air courier guaranteeing next day delivery, to the others' address: If to the Company: Calpine Corporation ▇▇ ▇▇▇▇ ▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ San Jose, California 95113 Telephone No.: (▇▇▇) ▇▇▇-▇▇▇▇ Attention: ▇▇▇ ▇▇▇▇▇▇▇ With a copy to: ▇▇▇▇▇▇▇▇▇ & ▇▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇ ▇▇ ▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇, ▇▇ ▇▇▇▇▇ Telecopier No.: (▇▇▇) ▇▇▇-▇▇▇▇ Attention: ▇▇▇▇▇ ▇▇▇▇▇▇▇ If to the Trustee: Wilmington Trust Company and/or any Guarantor: FiberTower Corporation ▇▇▇▇▇▇ Square North ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇, Suite 4800 San Francisco, CA 94107 Fax: ▇▇▇-▇▇▇-▇▇▇▇ Attention: Chief Financial Officer With a copy (which shall not constitute notice) to: ▇▇▇▇▇▇▇ ▇▇▇▇▇ LLP ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, Suite 4200 Houston, TX 77002 Fax: ▇▇▇-▇, ▇▇▇▇▇▇▇▇ ▇▇▇▇▇ Telecopier No.: (▇▇▇) ▇▇▇-▇▇▇▇ Attention: W. ▇▇▇▇ ▇▇▇▇▇, Esq. If to the Trustee and/or Collateral Agent: ▇▇▇▇▇ Fargo Bank, National Association Corporate Trust Services ▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, 2nd Floor Dallas, TX ▇▇▇▇▇-▇▇▇▇ Fax: ▇▇▇-▇▇▇-▇▇▇▇ Attention: ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇ The Company, any Guarantor or the Trustee, by Capital Markets By notice to the others others, the Company or the Trustee may designate additional or different addresses for subsequent notices or communications. All notices and communications (other than those sent to Holders) shall be deemed to have been duly given: at the time delivered by hand, if personally delivered; five (5) Business Days after being deposited in the mail, postage prepaid, if mailed; when answered back, if telexed; when receipt acknowledged, if telecopied; and the next Business Day after timely delivery to the courier, if sent by overnight air courier guaranteeing next day delivery. Any notice or communication to a Holder shall be mailed by first class mail, certified or registered, return receipt requested, or by overnight air courier guaranteeing next day delivery to its address shown on the register kept by the Registrar. Any notice or communication shall also be so mailed to any Person described in TIA § Section 313(c), to the extent required by the TIA. Failure to mail a notice or communication to a Holder or any defect in it shall not affect its sufficiency with respect to other Holders. If a notice or communication is mailed in the manner provided above within the time prescribed, it is duly given, whether or not the addressee receives it. If the Company or a Guarantor mails a notice or communication to Holders, it shall mail a copy to the Trustee and each Agent at the same time.

Appears in 4 contracts

Sources: Indenture (Calpine Corp), Indenture (Calpine Corp), Indenture (Calpine Corp)

Notices. Any notice or communication by the Company, any Guarantor or the Trustee to the others is duly given if in writing and delivered in Person or mailed by first class mail (registered or certified, return receipt requested), telex, telecopier facsimile transmission or overnight air courier guaranteeing next day delivery, to the others’ address: If to the Company and/or any Guarantor: FiberTower ZaZa Energy Corporation ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇., Suite 4800 San Francisco2800 Houston, CA 94107 FaxTexas 77010 Facsimile No.: (▇▇▇-) ▇▇▇-▇▇▇▇ Attention: Chief Financial Officer General Counsel With a copy (which shall not constitute notice) to: ▇▇▇▇▇▇▇ ▇▇▇▇▇ Sidley Austin LLP ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, Suite 4200 Houston, TX 77002 Fax: ▇▇▇-▇▇▇-▇▇▇▇ Attention: W. ▇▇▇▇ ▇▇▇▇▇, Esq. If to the Trustee and/or Collateral Agent: ▇▇▇▇ Fargo Bank, National Association Corporate Trust Services ▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, 2nd Floor Dallas, TX ▇▇▇▇-▇▇▇▇ FaxFacsimile No.: (▇▇▇-) ▇▇▇-▇▇▇▇ Attention: J. ▇▇▇▇ ▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇ If to the Trustee: [ ] [ ] [ ] Facsimile No.: [ ] Attention: [ ] The Company, any Guarantor or the Trustee, by notice to the others others, may designate additional or different addresses for subsequent notices or communications. All notices and communications (other than those sent to Holders) shall will be deemed to have been duly given: at the time delivered by hand, if personally delivered; five (5) Business Days after being deposited in the mail, postage prepaid, if mailed; when answered back, if telexed; when receipt acknowledged, if telecopiedtransmitted by facsimile; and the next Business Day after timely delivery to the courier, if sent by overnight air courier guaranteeing next day delivery. Any notice or communication to a Holder shall will be mailed by first class mail, certified or registered, return receipt requested, or by overnight air courier guaranteeing next day delivery to its address shown on the register kept by the Registrar. Any notice or communication shall will also be so mailed to any Person described in TIA § §313(c), to the extent required by the TIA. Failure to mail a notice or communication to a Holder or any defect in it shall will not affect its sufficiency with respect to other Holders. If a notice or communication is mailed in the manner provided above within the time prescribed, it is duly given, whether or not the addressee receives it. If the Company or a Guarantor mails a notice or communication to Holders, it shall will 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 a 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 if given to the Depositary for such Security (or its designee) pursuant to customary procedures of such Depositary.

Appears in 4 contracts

Sources: Indenture (Toreador Resources Corp), Indenture (Toreador Resources Corp), Indenture (Toreador Resources Corp)

Notices. Any notice or communication by the Company, any Guarantor or the Trustee to the others is duly given if in writing and delivered in Person person or mailed by first first-class mail (registered or certified, return receipt requested), telex, telecopier facsimile or overnight air courier guaranteeing next day delivery, to the others’ other’s address: If to the Company and/or or any Guarantorof the Guarantors: FiberTower Corporation [▇▇▇▇▇ Energy, Inc.] [▇▇▇▇▇ Energy Holdings, LLC] [▇▇▇▇▇ Energy Finance Corp.] ▇▇▇ ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇, Suite 4800 San Francisco, CA 94107 Fax: ▇▇-▇▇▇-▇▇▇▇ Attention: Chief Financial Officer With a copy (which shall not constitute notice) to: ▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇ LLP ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, Suite 4200 Houston, TX 77002 Fax: ▇▇▇-▇▇▇-▇▇▇▇ Attention: W. ▇▇▇▇ ▇▇▇▇▇, Esq. If to the Trustee and/or Collateral Agent: ▇▇▇▇▇ Fargo Bank, National Association Corporate Trust Services ▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, 2nd Floor Dallas, TX ▇▇▇▇▇-▇▇▇▇ Fax: ▇▇▇-▇▇▇-▇▇▇▇ Attention: ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇ Facsimile No.: (▇▇▇) ▇▇▇-▇▇▇▇ If to the Trustee: [ ] The Company, any Guarantor or the Trustee, Trustee by notice to the others may designate additional or different addresses for subsequent notices or communications. All notices and communications (other than those sent to Holders) shall be deemed to have been duly given: at the time delivered by hand, if personally delivered; five (5) Business Days after being deposited in the mail, postage prepaid, if mailed; when answered back, if telexed; when receipt acknowledged, if telecopiedby facsimile; and the next Business Day after timely delivery to the courier, if sent by overnight air courier guaranteeing next day delivery. Any notice or communication to a Holder shall be mailed by first first-class mail, certified or registeredpostage prepaid, return receipt requested, or by overnight air courier guaranteeing next day delivery to its the Holder’s address shown on the register kept by the Registrar. Any notice or communication shall also be so mailed to any Person described in TIA § 313(c), to the extent required by the TIA. Failure to mail a notice or communication to a Holder or any defect in it shall not affect its sufficiency with respect to other Holders. If a notice or communication is mailed in the manner provided above within the time prescribed, it is duly given, whether or not the addressee receives it, except in the case of notice to the Trustee, it is duly given only when received. If the Company or a Guarantor mails a notice or communication to Holders, it shall mail a copy to the Company and the other Guarantors, as the case may be, and to the Trustee and each Agent at the same time. All notices or communications, including, without limitation, notices to the Trustee, the Company or a Guarantor by Holders, shall be in writing, except as otherwise set forth herein. In case by reason of the suspension of regular mail service, or by reason of any other cause, it shall be impossible to mail any notice required by this Indenture, then such method of notification as shall be made with the approval of the Trustee shall constitute a sufficient mailing of such notice.

Appears in 4 contracts

Sources: Senior Indenture (Jones Energy, Inc.), Subordinated Indenture (Jones Energy, Inc.), Senior Indenture (Jones Energy Holdings, LLC)

Notices. Any notice or communication by the Company, any Subsidiary Guarantor or the Trustee to the others is duly given if in writing and delivered in Person person or mailed by first first-class mail (registered or certified, return receipt requested), telex, telecopier facsimile or overnight air courier guaranteeing next day delivery, to the others’ other’s address: If to the Company and/or or any Subsidiary Guarantor: FiberTower Corporation ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇LGI Homes, Suite 4800 San Francisco, CA 94107 Fax: ▇▇▇-▇▇▇-▇▇▇▇ Attention: Chief Financial Officer With a copy (which shall not constitute notice) to: ▇▇▇▇▇▇▇ ▇▇▇▇▇ LLP ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, Suite 4200 Houston, TX 77002 Fax: ▇▇▇-▇▇▇-▇▇▇▇ Attention: W. ▇▇▇▇ ▇▇▇▇▇, Esq. If to the Trustee and/or Collateral Agent: ▇▇▇▇▇ Fargo Bank, National Association Corporate Trust Services Inc. ▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, 2nd Floor Dallas, TX ▇▇▇▇▇-, Suite 430 The Woodlands, Texas 77380 Attention: Chief Financial Officer Telecopy Number: ▇▇▇.▇▇▇.▇▇▇▇ FaxTelephone Number: ▇▇▇-.▇▇▇-.▇▇▇▇ AttentionE-mail: ▇▇▇▇▇▇. ▇@▇▇▇▇▇▇▇▇.▇▇If to the Trustee: Attn: Telephone: Facsimile: The Company, any Subsidiary Guarantor or the Trustee, Trustee by notice to the others may designate additional or different addresses for subsequent notices or communications. All notices and communications (other than those sent to Holders) shall be deemed to have been duly given: at the time delivered by hand, if personally delivered; five (5) Business Days after being deposited in the mail, postage prepaid, if mailed; when answered back, if telexed; when receipt acknowledged, if telecopiedby facsimile; and the next Business Day after timely delivery to the courier, if sent by overnight air courier guaranteeing next day delivery. Any notice or communication to a Holder shall be mailed by first first-class mail, certified or registeredpostage prepaid, return receipt requested, or by overnight air courier guaranteeing next day delivery to its the Holder’s address shown on the register kept by the Registrar. Any notice or communication shall also be so mailed to any Person described in TIA § 313(c), to the extent required by the TIA. Failure to mail a notice or communication to a Holder or any defect in it shall not affect its sufficiency with respect to other Holders. If a notice or communication is mailed in the manner provided above within the time prescribed, it is duly given, whether or not the addressee receives it, except in the case of notice to the Trustee, it is duly given only when received. If the Company or a Subsidiary Guarantor mails a notice or communication to Holders, it shall mail a copy to the Company and the other Subsidiary Guarantors, as the case may be, and to the Trustee and each Agent at the same time. All notices or communications, including without limitation notices to the Trustee, the Company or a Subsidiary Guarantor by Holders, shall be in writing, except as otherwise set forth herein. In case by reason of the suspension of regular mail service, or by reason of any other cause, it shall be impossible to mail any notice required by this Indenture, then such method of notification as shall be made with the approval of the Trustee shall constitute a sufficient mailing of such notice.

Appears in 4 contracts

Sources: Indenture (LGI Homes-Florida, LLC), Indenture (LGI Homes-Florida, LLC), Indenture (LGI Homes-Windmill Farms, LLC)

Notices. Any notice or communication by the CompanyIssuer, any Guarantor or the Trustee to the others is duly given if in writing and delivered in Person person or mailed by first first-class mail (registered or certified, return receipt requested), telex, telecopier fax or overnight air courier guaranteeing next day delivery, to the others’ address: If to the Company Issuer and/or any Guarantor: FiberTower Corporation ▇▇▇ ▇Freescale Semiconductor, Inc. ▇▇▇▇ ▇▇▇▇▇▇, Suite 4800 San Francisco, CA 94107 Fax: ▇▇▇-▇▇▇-▇▇▇▇ Attention: Chief Financial Officer With a copy (which shall not constitute notice) to: ▇▇▇▇▇▇▇ ▇▇▇▇LLP Drive West Austin, Texas 78735 Fax: (▇▇▇) ▇▇▇-▇▇▇▇ Attention: General Counsel If to the Trustee: The Bank of New York Mellon Trust Company, N.A. ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, Suite 4200 16th Floor Houston, TX Texas 77002 FaxFax No.: ▇▇▇-▇▇▇-▇▇▇▇ AttentionAttn: W. ▇▇▇▇ ▇▇▇▇▇, Esq. If to the Freescale Semiconductor Trustee and/or Collateral Agent: ▇▇▇▇▇ Fargo Bank, National Association Corporate Trust Services ▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, 2nd Floor Dallas, TX ▇▇▇▇▇-▇▇▇▇ Fax: ▇▇▇-▇▇▇-▇▇▇▇ Attention: ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇ The CompanyIssuer, any Guarantor or the Trustee, by notice to the others others, may designate additional or different addresses for subsequent notices or communications. All notices and communications (other than those sent to Holders) shall be deemed to have been duly given: at the time delivered by hand, if personally delivered; five (5) Business Days calendar days after being deposited in the mail, postage prepaid, if mailed; when answered back, if telexedmailed by first-class mail; when receipt acknowledged, if telecopiedfaxed; and the next Business Day after timely delivery to the courier, if sent by overnight air courier guaranteeing next day delivery; provided that any notice or communication delivered to the Trustee shall be deemed effective upon actual receipt thereof. Any notice or communication to a Holder shall be mailed by first first-class mail, certified or registered, return receipt requested, or by overnight air courier guaranteeing next day delivery to its address shown on the register Note Register kept by the Registrar. Any notice or communication shall also be so mailed to any Person described in TIA § 313(c), to the extent required by the TIA. Failure to mail a notice or communication to a Holder or any defect in it shall not affect its sufficiency with respect to other Holders. If a notice or communication is mailed in the manner provided above within the time prescribed, it is duly given, whether or not the addressee receives it. If the Company or a Guarantor Issuer mails a notice or communication to Holders, it shall mail a copy to the Trustee and each Agent at the same time.

Appears in 4 contracts

Sources: Indenture (Freescale Semiconductor, Ltd.), Indenture (Freescale Semiconductor Holdings I, Ltd.), Indenture (Freescale Semiconductor Inc)

Notices. Any notice or communication by the CompanyIssuers, any Guarantor or the Trustee to the others is duly given if in writing and delivered in Person or mailed by first class mail (registered or certified, return receipt requested), telex, telecopier or overnight air courier guaranteeing next day delivery, to the others’ address: If to the Company Issuers and/or any Guarantor: FiberTower Corporation Ventas, Inc. 10350 ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇, Suite 4800 San Francisco, CA 94107 Fax: ▇▇▇-▇▇▇-▇▇▇▇ Attention: Chief Financial Officer With a copy (which shall not constitute notice) to: ▇▇▇▇▇▇▇ ▇▇▇▇▇ LLP ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, Suite 4200 Houston, TX 77002 Fax: ▇▇▇-▇▇▇-▇▇▇▇ Attention: W. ▇▇▇▇ ▇▇▇▇▇, Esq. If to the Trustee and/or Collateral Agent: ▇▇▇▇▇ Fargo Bank, National Association Corporate Trust Services ▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇▇▇▇▇▇, 2nd Floor Dallas▇▇▇▇▇▇▇▇ ▇▇▇▇▇ Telecopier No.: (▇▇▇) ▇▇▇-▇▇▇▇ Attention: General Counsel With a copy to: ▇▇▇▇▇▇▇ ▇▇▇▇ & ▇▇▇▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇, TX ▇▇▇ ▇▇▇▇ ▇▇▇▇▇-▇▇▇▇ FaxTelecopier No.: (▇▇▇-) ▇▇▇-▇▇▇▇ Attention: ▇▇▇▇▇▇ ▇▇▇▇▇, Esquire If to the Trustee: U.S. Bank National Association ▇▇▇ ▇. ▇▇▇▇▇ ▇▇ ▇▇ ▇▇ ▇▇ ▇▇ ▇▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇ Telecopier No.: (▇▇▇) ▇▇▇-▇▇▇▇ Attention: Corporate Trust Administration The CompanyIssuers, any Guarantor or the Trustee, by notice to the others may designate additional or different addresses for subsequent notices or communications. All notices and communications (other than those sent to Holders) shall will be deemed to have been duly given: at the time delivered by hand, if personally delivered; five (5) Business Days after being deposited in the mail, postage prepaid, if mailed; when answered back, if telexed; when receipt acknowledged, if telecopied; and the next Business Day after timely delivery to the courier, if sent by overnight air courier guaranteeing next day delivery. Any notice or communication to a Holder shall will be mailed by first class mail, certified or registered, return receipt requested, or by overnight air courier guaranteeing next day delivery to its address shown on the register kept by the Registrar. Any notice or communication shall will also be so mailed to any Person described in TIA § 313(c), to the extent required by the TIA. Failure to mail a notice or communication to a Holder or any defect in it shall will not affect its sufficiency with respect to other Holders. If a notice or communication is mailed in the manner provided above within the time prescribed, it is duly given, whether or not the addressee receives it. If the Company or a Guarantor mails Issuers mail a notice or communication to Holders, it shall will mail a copy to the Trustee and each Agent at the same time.

Appears in 4 contracts

Sources: Indenture (Ventas Inc), Indenture (Ventas Inc), Indenture (Ventas Inc)

Notices. Any notice or communication by the Company, any Subsidiary Guarantor or the Trustee to the others is duly given if in writing and delivered in Person person or mailed by first first-class mail (registered or certified, return receipt requested), telex, telecopier facsimile or overnight air courier guaranteeing next day delivery, to the others’ other’s address: If to the Company and/or or any Guarantorof the Subsidiary Guarantors: FiberTower Corporation ▇▇ ▇▇▇▇▇ Drilling Company ▇ ▇▇▇▇▇, Suite 4800 San Francisco, CA 94107 Fax: ▇▇▇-▇▇▇-▇▇▇▇ Attention: Chief Financial Officer With a copy (which shall not constitute notice) to: ▇▇▇▇▇▇▇ ▇▇▇▇▇ LLP ▇, ▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇▇, Suite 4200 Houston, TX 77002 Fax▇ Attention: Chief Financial Officer Facsimile No.: (▇▇▇-) ▇▇▇-▇▇▇▇ Attention: W. ▇▇▇▇ ▇▇▇▇▇, Esq. If to the Trustee and/or Collateral AgentTrustee: ▇▇▇▇▇ Fargo Bank, National Association Corporate Trust Services ▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, 2nd Floor Dallas, TX ▇▇▇▇▇-▇▇▇▇ FaxAttn: ▇▇▇-▇▇▇-▇▇▇▇ AttentionTelephone: ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇ Facsimile: The Company, any Subsidiary Guarantor or the Trustee, Trustee by notice to the others may designate additional or different addresses for subsequent notices or communications. All notices and communications (other than those sent to Holders) shall be deemed to have been duly given: at the time delivered by hand, if personally delivered; five (5) Business Days after being deposited in the mail, postage prepaid, if mailed; when answered back, if telexed; when receipt acknowledged, if telecopiedby facsimile; and the next Business Day after timely delivery to the courier, if sent by overnight air courier guaranteeing next day delivery. Any notice or communication to a Holder shall be mailed by first first-class mail, certified or registeredpostage prepaid, return receipt requested, or by overnight air courier guaranteeing next day delivery to its the Holder’s address shown on the register kept by the Registrar. Any notice or communication shall also be so mailed to any Person described in TIA § 313(c), to the extent required by the TIA. Failure to mail a notice or communication to a Holder or any defect in it shall not affect its sufficiency with respect to other Holders. If a notice or communication is mailed in the manner provided above within the time prescribed, it is duly given, whether or not the addressee receives it, except in the case of notice to the Trustee, it is duly given only when received. If the Company or a Subsidiary Guarantor mails a notice or communication to Holders, it shall mail a copy to the Company and the other Subsidiary Guarantors, as the case may be, and to the Trustee and each Agent at the same time. All notices or communications, including, without limitation, notices to the Trustee, the Company or a Subsidiary Guarantor by Holders, shall be in writing, except as otherwise set forth herein. In case by reason of the suspension of regular mail service, or by reason of any other cause, it shall be impossible to mail any notice required by this Indenture, then such method of notification as shall be made with the approval of the Trustee shall constitute a sufficient mailing of such notice.

Appears in 4 contracts

Sources: Subordinated Indenture (Pardril Inc), Senior Indenture (Pardril Inc), Senior Indenture (Quail Usa LLC)

Notices. Any notice or communication by the CompanyIssuers, any Guarantor or the Trustee to the others is duly given if in writing and delivered in Person or mailed by first class mail (registered or certified, return receipt requested), telex, telecopier facsimile transmission or overnight air courier guaranteeing next day delivery, to the others’ address: If to the Company Issuers and/or any Guarantor: FiberTower Corporation Tesoro Logistics ▇▇ ▇▇▇▇▇▇ Logistics Finance Corp. ▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, Suite 4800 San Francisco, CA 94107 Fax: ▇ ▇▇▇ ▇▇▇-▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇-▇▇▇▇ Facsimile No.: Attention: Chief Financial Officer With a copy (which shall not constitute notice) to: ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ & ▇▇▇▇▇▇▇▇ LLP ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, Suite 4200 Houston, TX 77002 Fax: ▇▇▇-▇▇▇-▇▇▇▇ Attention: W. ▇▇▇▇ ▇▇▇▇▇, Esq. If to the Trustee and/or Collateral Agent: ▇ ▇▇▇ ▇▇▇▇▇ Fargo Bank, National Association Corporate Trust Services ▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, 2nd Floor Dallas, TX ▇▇▇▇▇-▇▇▇FaxFacsimile No.: ▇▇▇-▇▇▇-▇▇▇▇ Attention: ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇ If to the Trustee: U.S. Bank National Association ▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ Suite 550 Detroit, Michigan 48226 Facsimile No.: ▇▇▇-▇▇▇-▇▇▇▇ Attention: Global Corporate Trust Services The CompanyIssuers, any Guarantor or the Trustee, by notice to the others others, may designate additional or different addresses for subsequent notices or communications. All notices and communications (other than those sent to Holders) shall will be deemed to have been duly given: at the time delivered by hand, if personally delivered; five (5) Business Days calendar days after being deposited in the mail, postage prepaid, if mailed; when answered back, if telexed; when receipt acknowledged, if telecopiedtransmitted by facsimile; and the next Business Day after timely delivery to the courier, if sent by overnight air courier guaranteeing next day delivery. Any notice or communication to a Holder shall will be electronically delivered, mailed by first class mail, certified or registered, return receipt requested, or by overnight air courier guaranteeing next day delivery to its address shown on the register kept by the Registrar. Any notice or communication shall will also be so delivered or mailed to any Person described in TIA § 313(c), to the extent required by the TIA. Failure to mail deliver a notice or communication to a Holder or any defect in it shall will not affect its sufficiency with respect to other Holders. If a notice or communication is mailed or otherwise delivered in the manner provided above within the time prescribed, it is such notice or communication shall be deemed duly given, whether or not the addressee receives it. If the Company Issuers deliver or a Guarantor mails mail a notice or communication to Holders, it shall they will deliver or mail a copy to the Trustee and each Agent at the same time.

Appears in 3 contracts

Sources: Indenture (Tesoro Logistics Lp), Indenture (Tesoro Logistics Lp), Indenture (Tesoro Corp /New/)

Notices. Any notice or communication by the Company, any Guarantor or the Trustee to the others is duly given if in writing and delivered in Person or mailed by first class mail (registered or certified, return receipt requested), telex, telecopier facsimile transmission or overnight air courier guaranteeing next day delivery, to the others’ address: If to the Company and/or any Guarantor: FiberTower Corporation Post Holdings, Inc. ▇▇▇▇ ▇. ▇▇▇▇▇▇ Road St. Louis, MO 63144 Facsimile No.: (▇▇▇▇▇▇, Suite 4800 San Francisco, CA 94107 Fax: ▇▇▇-) ▇▇▇-▇▇▇▇ Attention: Chief Financial Officer ▇▇▇▇▇▇ ▇▇▇▇ With a copy (which shall not constitute notice) to: ▇▇▇▇▇ ▇▇▇▇ LLC ▇▇▇ ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇ LLP ▇▇▇ ▇., ▇▇▇▇▇ ▇▇▇▇ ▇▇. ▇▇▇▇▇, Suite 4200 Houston, TX 77002 Fax: ▇▇ ▇▇▇-▇▇ Facsimile No.: (▇▇▇) ▇▇▇-▇▇▇▇ Attention: W. ▇▇▇ ▇. ▇▇▇▇ ▇▇▇▇▇, Esq. If to the Trustee and/or Collateral AgentTrustee: ▇▇▇▇▇ Fargo Bank, National Association Corporate Trust Services ▇▇▇ ▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, 2nd Floor Dallas, TX ▇▇▇▇ ▇▇▇▇-▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ Fax: ▇▇▇-▇▇ Facsimile No.: (▇▇▇) ▇▇▇-▇▇▇▇ Attention: ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇ Corporate, Municipal and Escrow Solutions The Company, any Guarantor or the Trustee, by notice to the others others, may designate additional or different addresses for subsequent notices or communications. All notices and communications (other than those sent to Holders) shall will be deemed to have been duly given: at the time delivered by hand, if personally delivered; five (5) Business Days after being deposited in the mail, postage prepaid, if mailed; when answered back, if telexed; when receipt acknowledged, if telecopiedtransmitted by facsimile; and the next Business Day after timely delivery to the courier, if sent by overnight air courier guaranteeing next day delivery. Any notice or communication to a Holder shall will be mailed by first class mail, certified or registered, return receipt requested, or by overnight air courier guaranteeing next day delivery to its address shown on the register kept by the Registrar. Any notice or communication shall also be so mailed to any Person described in TIA § 313(c), to the extent required by the TIA. Failure to mail a notice or communication to a Holder or any defect in it shall will not affect its sufficiency with respect to other Holders. Where this Indenture provides for notice of any event to a Holder of a Global Note, such notice shall be sufficiently given if given to the Depositary for such Note (or its designee), pursuant to the applicable procedures of such Depositary, if any, prescribed for the giving of such notice. If a notice or communication is mailed in the manner provided above within the time prescribed, it is duly given, whether or not the addressee receives it. If the Company or a Guarantor mails a notice or communication to Holders, it shall will mail a copy to the Trustee and each Agent at the same time.

Appears in 3 contracts

Sources: Indenture (Post Holdings, Inc.), Indenture (Post Holdings, Inc.), Indenture (Post Holdings, Inc.)

Notices. Any notice or communication by the Company, any Guarantor or the Trustee to the others or to them by the Holders is duly given if in writing and delivered in Person or mailed by first class mail (registered or certified, return receipt requested), telex, telecopier facsimile transmission or overnight air courier guaranteeing next day delivery, to the others’ address: If to the Company and/or any Guarantor: FiberTower Corporation Acadia Healthcare Company, Inc. ▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇ Attention: ▇▇▇▇▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇ Telephone: (▇▇▇) ▇▇▇-▇▇▇▇ With a copy to: ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ & ▇▇▇▇▇, LLP ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇, Suite 4800 San Francisco, CA 94107 Fax: ▇▇-▇▇▇-▇▇▇▇ Attention: Chief Financial Officer With a copy (which shall not constitute notice) to: ▇▇▇▇▇▇▇ ▇▇▇▇▇ LLP ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, Suite 4200 Houston, TX 77002 Fax: ▇▇▇-▇▇▇-▇▇▇▇ Attention: W. ▇▇▇▇ ▇▇▇▇▇, Esq. If to the Trustee and/or Collateral Agent: ▇▇▇▇▇ Fargo Bank, National Association Corporate Trust Services ▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, 2nd Floor Dallas, TX ▇▇▇, ▇▇ ▇▇▇▇▇ Attention: ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇ Facsimile: (▇▇▇) ▇▇▇-▇▇▇▇ FaxIf to the Trustee: U.S. Bank National Association Global Corporate Trust Services ▇▇▇ ▇▇▇-▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇ Facsimile No.: (▇▇▇) ▇▇▇-▇▇▇▇ Attention: ▇▇▇▇▇▇▇. ▇▇▇▇▇▇▇▇ , CCTS The Company, any Guarantor or the Trustee, by notice to the others others, may designate additional or different addresses for subsequent notices or communications. All notices and communications (other than those sent to Holders) shall will be deemed to have been duly given: at the time delivered by hand, if personally delivered; five (5) Business Days after being deposited in the mail, postage prepaid, if mailed; when answered back, if telexed; when receipt acknowledged, if telecopiedtransmitted by facsimile or e-mail; and the next Business Day after timely delivery to the courier, if sent by overnight air courier guaranteeing next day delivery. Any notice or communication to a Holder shall will be mailed by first class mail, certified or registered, return receipt requested, or by overnight air courier guaranteeing next day delivery to its address shown on the register kept by the Registrar. Any notice or communication shall will also be so mailed to any Person described in TIA § §313(c), to the extent required by the TIA. Failure to mail a notice or communication to a Holder or any defect in it shall will not affect its sufficiency with respect to other Holders. Notwithstanding any other provision of this Indenture or any Note, where this Indenture or any Note provides for notice of any event (including any notice of redemption or repurchase) to a Holder of a Global Note (whether by mail or otherwise), such notice shall be sufficiently given if given to DTC (or its designee) pursuant to the standing instructions from DTC or its designee, including by electronic mail in accordance with accepted practices at DTC. If a notice or communication is mailed in the manner provided above within the time prescribed, it is duly given, whether or not the addressee receives it. If the Company or a Guarantor mails a notice or communication to Holders, it shall will mail a copy to the Trustee and each Agent at the same time.

Appears in 3 contracts

Sources: Indenture (Acadia Healthcare Company, Inc.), Indenture (Acadia Healthcare Company, Inc.), Indenture (Acadia Healthcare Company, Inc.)

Notices. Any notice or communication by the CompanyIssuer, any Guarantor or the Trustee to the others is duly given if in writing in the English language and delivered in Person or mailed by first class mail (registered or certified, return receipt requested), telex, telecopier or overnight air courier guaranteeing next day delivery, to the others’ address: If to the Company Issuer and/or any Guarantor: FiberTower Corporation Ventas, Inc. 10350 ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇, Suite 4800 San Francisco, CA 94107 Fax: ▇▇▇-▇▇▇-▇▇▇▇ Attention: Chief Financial Officer With a copy (which shall not constitute notice) to: ▇▇▇▇▇▇▇ ▇▇▇▇▇ LLP ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, Suite 4200 Houston, TX 77002 Fax: ▇▇▇-▇▇▇-▇▇▇▇ Attention: W. ▇▇▇▇ ▇▇▇▇▇, Esq. If to the Trustee and/or Collateral Agent: ▇▇▇▇▇ Fargo Bank, National Association Corporate Trust Services ▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇, , 2nd Floor Dallas, TX ▇▇▇▇ ▇▇▇ ▇▇▇▇▇-▇▇▇▇▇, ▇▇▇▇▇▇▇▇ Fax: ▇▇▇-▇▇ Telecopier No.: (▇▇▇) ▇▇▇-▇▇▇▇ Attention: General Counsel With a copy to: Sidley Austin LLP ▇▇▇ ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇ ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇ Telecopier No.: (▇▇▇) ▇▇▇-▇▇▇▇ Attention: J. ▇▇▇▇▇▇ ▇▇▇▇▇▇▇, Esquire If to the Trustee: U.S. Bank National Association ▇▇▇▇▇▇▇▇ ▇▇ ▇▇ ▇▇ ▇▇ ▇▇ ▇▇▇▇▇▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇ Telecopier No.: (▇▇▇) ▇▇▇-▇▇▇▇ Attention: Corporate Trust Administration The CompanyIssuer, any Guarantor or the Trustee, by notice to the others may designate additional or different addresses for subsequent notices or communications. All notices and communications (other than those sent to Holders) shall will be deemed to have been duly given: at the time delivered by hand, if personally delivered; five (5) Business Days after being deposited in the mail, postage prepaid, if mailed; when answered back, if telexed; when receipt acknowledged, if telecopied; and the next Business Day after timely delivery to the courier, if sent by overnight air courier guaranteeing next day delivery. Any notice or communication to a Holder shall will be mailed by first class mail, certified or registered, return receipt requested, or by overnight air courier guaranteeing next day delivery to its address shown on the register kept by the Registrar. Any notice or communication shall will also be so mailed to any Person described in TIA § 313(c), to the extent required by the TIA. Failure to mail a notice or communication to a Holder or any defect in it shall will not affect its sufficiency with respect to other Holders. If a notice or communication is mailed in the manner provided above within the time prescribed, it is duly given, whether or not the addressee receives it. If the Company or a Guarantor Issuer mails a notice or communication to Holders, it shall will mail a copy to the Trustee and each Agent at the same time.

Appears in 3 contracts

Sources: Indenture (Ventas Inc), Indenture (Ventas Realty Limited Partnership), Indenture (Ventas Realty Limited Partnership)

Notices. Any notice or communication by the Company, any Guarantor Company or the Trustee to the others is duly given if in writing and delivered in Person or mailed by first class mail (registered or certified, return receipt requested), telex, telecopier facsimile transmission or overnight air courier guaranteeing next day delivery, to the others’ address: If to the Company and/or any GuarantorCompany: FiberTower Calpine Corporation ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇, Suite 4800 San Francisco, CA 94107 Fax: ▇▇▇-▇▇ ▇▇▇▇ Houston, Texas 77002 Facsimile No.: (▇▇▇) ▇▇▇-▇▇▇▇ Attention: Chief Financial Officer General Counsel With a copy (which shall not constitute notice) to: ▇▇▇White & Case LLP ▇▇▇▇ ▇▇▇▇LLP ▇▇ ▇▇▇ ▇▇▇▇▇▇▇▇ New York, New York 10020 Facsimile No.: (▇▇▇) ▇▇▇-▇▇▇▇ Attention: ▇▇▇▇ ▇▇▇▇▇▇ If to the Trustee: Wilmington Trust, National Association ▇▇ ▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇, Suite 4200 Houston, TX 77002 Fax: ▇▇▇-▇▇ ▇▇▇▇ Minneapolis, Minnesota 55402 Facsimile No.: (▇▇▇) ▇▇▇-▇▇▇▇ Attention: W. ▇▇▇▇ ▇▇▇▇▇, Esq. If to the Trustee and/or Collateral AgentCalpine Corporation Administrator With a copy to: ▇▇▇▇▇ Fargo Bank, National Association Corporate Trust Services ▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, 2nd Floor Dallas, TX ▇ & ▇▇▇▇▇-▇▇ LLP One Constitution Plaza Hartford, Connecticut 06103 Facsimile No.: (▇▇▇▇ Fax: ▇▇▇-) ▇▇▇-▇▇▇▇ Attention: ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇ The Company, any Guarantor Company or the Trustee, by notice to the others others, may designate additional or different addresses for subsequent notices or communications. All notices and communications (other than those sent to Holders) shall will be deemed to have been duly given: at the time delivered by hand, if personally delivered; five (5) Business Days after being deposited in the mail, postage prepaid, if mailed; when answered back, if telexed; when receipt acknowledged, if telecopiedtransmitted by facsimile; and the next Business Day after timely delivery to the courier, if sent by overnight air courier guaranteeing next day delivery. Any notice or communication to a Holder shall will be mailed by first class mail, certified or registered, return receipt requested, or by overnight air courier guaranteeing next day delivery to its address shown on the register kept by the Registrar. Any notice or communication shall also be so mailed to any Person described in TIA § 313(c), to the extent required by the TIA. Failure to mail a notice or communication to a Holder or any defect in it shall will not affect its sufficiency with respect to other Holders. If a notice or communication is mailed in the manner provided above within the time prescribed, it is duly given, whether or not the addressee receives it. If the Company or a Guarantor mails a notice or communication to Holders, it shall will mail a copy to the Trustee and each Agent at the same time. Notwithstanding any other provision of this Indenture or any Note, where this Indenture or any Note provides for notice of any event (including any notice of redemption) to a Holder of a Global Note (whether by mail or otherwise), such notice shall be sufficiently given if given to the Depositary for such Note (or its designee), pursuant to the customary procedures of such Depositary.

Appears in 3 contracts

Sources: Indenture (Calpine Corp), Indenture (Calpine Corp), Indenture (Calpine Corp)

Notices. Any notice or communication by the CompanyIssuers, Holdings, any Note Guarantor or the Trustee to the others is duly given if in writing and delivered in Person person or mailed by first first-class mail (registered or certified, return receipt requested), telex, telecopier fax or overnight air courier guaranteeing next day delivery, to the others’ addressaddresses: If to the Company Issuers, Holdings and/or any Note Guarantor: FiberTower c/o Realogy Corporation ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇, Suite 4800 San Francisco, CA 94107 Fax: ▇▇▇-▇▇▇-▇▇▇▇ Attention: Chief Financial Officer With a copy (which shall not constitute notice) to: ▇▇▇▇▇▇▇ ▇▇▇▇▇ LLP ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, Suite 4200 Houston, TX 77002 Fax: ▇▇▇ ▇▇▇-▇▇▇ ▇▇▇▇▇ Fax No.: (▇▇▇) ▇▇▇-▇▇▇▇ Attention: W. General Counsel If to the Trustee: The Bank of New York Mellon Trust Company, N.A. 525 ▇▇▇▇▇▇▇ Penn Place, 38th Floor ▇▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇, Esq. If to the Trustee and/or Collateral Agent▇ Fax No.: (▇▇▇▇▇ Fargo Bank, National Association Corporate Trust Services ▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, 2nd Floor Dallas, TX ▇▇▇▇▇-▇▇▇▇ Fax: ▇▇▇-) ▇▇▇-▇▇▇▇ Attention: ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇ Corporate Trust Administration The CompanyIssuers, Holdings, any Note Guarantor or the Trustee, by notice to the others others, may designate additional or different addresses for subsequent notices or communications. All notices and communications (other than those sent to Holders) shall be deemed to have been duly given: at the time delivered by hand, if personally delivered; five (5) Business Days calendar days after being deposited in the mail, postage prepaid, if mailed; when answered back, if telexedmailed by first-class mail; when receipt acknowledged, if telecopiedfaxed; and the next Business Day after timely delivery to the courier, if sent by overnight air courier guaranteeing next day delivery; provided that any notice or communication delivered to the Trustee shall be deemed effective upon actual receipt thereof. Any notice or communication to a Holder shall be mailed by first first-class mail, certified or registered, return receipt requested, or by overnight air courier guaranteeing next day delivery to its address shown on the register kept by the Registrar. Any notice Registrar or communication shall also be so mailed by other electronic means or such other delivery system as the Trustee agrees to any Person described in TIA § 313(c), to the extent required by the TIAaccept. Failure to mail a notice or communication to a Holder or any defect in it shall not affect its sufficiency with respect to other Holders. If a notice or communication is mailed in the manner provided above within the time prescribed, it is duly given, whether or not the addressee receives it. If the Company or a Guarantor mails Issuers mail a notice or communication to Holders, it they shall mail a copy to the Trustee and each Agent at the same time. The Trustee agrees to accept and act upon instructions or directions pursuant to this Indenture sent by unsecured e-mail, facsimile transmission or other similar unsecured electronic methods. The Trustee shall not be liable for any losses, costs or expenses arising directly or indirectly from the Trustee’s reliance upon and compliance with such instructions notwithstanding such instructions conflict or are inconsistent with a subsequent written instruction. The party providing electronic instructions agrees to assume all risks arising out of the use of such electronic methods to submit instructions and directions to the Trustee, including without limitation the risk of the Trustee acting on unauthorized instructions, and the risk or interception and misuse by third parties. Notwithstanding anything to the contrary contained herein, as long as the Notes are in the form of a Global Note, notice to the Holders may be made electronically in accordance with procedures of the Depositary.

Appears in 3 contracts

Sources: Indenture (Realogy Group LLC), Indenture (Realogy Group LLC), Indenture (Realogy Group LLC)

Notices. Any notice or communication by the CompanyIssuer, any Guarantor or the Trustee to the others is duly given if in writing and delivered in Person or mailed by first class mail (registered or certified, return receipt requested), telexfacsimile transmission, telecopier electronic mail or overnight air courier guaranteeing next day delivery, to the others’ address: If to the Company Issuer and/or any Guarantor: FiberTower Corporation Venture Global LNG, Inc. ▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇, , Suite 4800 San Francisco, CA 94107 Fax: ▇▇▇-▇▇▇-▇▇▇▇ ▇▇▇▇ Arlington, VA 22209 E-mail: [***] Attention: Chief Financial Officer and General Counsel With a copy (which shall not constitute notice) to: ▇▇▇▇▇ ▇▇▇▇ & ▇▇▇▇▇▇▇▇ LLP ▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇LLP New York, NY 10017 E-mail: [***] Attention: [***] If to the Trustee: The Bank of New York Mellon Trust Company, N.A. ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, Suite 4200 16th floor Houston, TX 77002 FaxFacsimile No.: ▇▇▇[***] E-▇▇▇-▇▇▇▇ mail: [***] Attention: W. ▇▇▇▇ ▇▇▇▇▇, Esq. If to the Trustee and/or Collateral Agent: ▇▇▇▇▇ Fargo Bank, National Association Corporate Trust Services ▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, 2nd Floor Dallas, TX ▇▇▇▇▇-▇▇▇▇ Fax: ▇▇▇-▇▇▇-▇▇▇▇ Attention: ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇ Administration The CompanyIssuer, any Guarantor or the Trustee, by notice to the others others, may designate additional or different addresses for subsequent notices or communications. All notices and communications (other than those sent to Holders) shall will be deemed to have been duly given: at the time delivered by hand, if personally delivered; five (5) Business Days after being deposited in the mail, postage prepaid, if mailed; when answered back, if telexed; when receipt acknowledged, if telecopiedtransmitted by facsimile; at the time sent, if transmitted by electronic mail; and the next Business Day after timely delivery to the courier, if sent by overnight air courier guaranteeing next day delivery; provided that all notices and communications to the Trustee shall not be deemed received by the Trustee unless actually received by the Trustee at its address, facsimile number or electronic mail address set forth above. Any notice or communication to a Holder shall will be mailed by first class mail, or by certified or registeredregistered mail, return receipt requested, or by overnight air courier guaranteeing next day delivery to its address shown on the register kept by the Registrar. Any notice or communication shall also be so mailed to any Person described in TIA § 313(c), to the extent required by the TIA. Failure to mail a notice or communication to a Holder or any defect in it shall will not affect its sufficiency with respect to other Holders. If a notice or communication is mailed in the manner provided above within the time prescribed, it is duly given, whether or not the addressee receives it. If the Company or a Guarantor Issuer mails a notice or communication to Holders, it shall mail will send a copy to the Trustee and each Agent at the same timetime by any of the means described above with respect to notice or communication by the Issuer.

Appears in 3 contracts

Sources: Indenture (Venture Global, Inc.), Indenture (Venture Global, Inc.), Indenture (Venture Global, Inc.)

Notices. Any notice or communication by the Company, any Guarantor or the Trustee to the others is duly given if in writing and delivered in Person or mailed by first class mail (registered or certified, return receipt requested), telex, telecopier or overnight air courier guaranteeing next day delivery, to the others’ address: If to the Company and/or any Guarantor: FiberTower Corporation NRG Energy, Inc. ▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇, Suite 4800 San Francisco, CA 94107 Fax: ▇▇▇-, ▇▇ ▇▇▇▇▇ Telecopier No.: (▇▇▇) ▇▇▇-▇▇▇▇ Attention: Chief Financial Officer General Counsel With a copy (which shall not constitute notice) to: ▇▇▇▇▇▇▇▇ & ▇▇▇▇▇ LLP ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇ LLP ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, Suite 4200 Houston, TX 77002 Fax: ▇▇▇-▇▇▇-▇▇▇▇ Attention: W. ▇▇▇▇ ▇▇▇▇▇, Esq. If to the Trustee and/or Collateral Agent▇ Telecopier No.: (▇▇▇▇▇ Fargo Bank, National Association Corporate Trust Services ▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, 2nd Floor Dallas, TX ▇▇▇▇▇-▇▇▇▇ Fax: ▇▇▇-) ▇▇▇-▇▇▇▇ Attention: ▇▇▇▇▇▇ ▇. ▇▇▇▇▇, Esq. If to the Trustee: Law Debenture Trust Company of New York ▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇ ▇▇▇ ▇▇▇▇, ▇▇ ▇▇▇▇▇ Telecopier No.: (▇▇▇) ▇▇▇-▇▇▇▇ Attention: Corporate Trust Department The Company, any Guarantor or the Trustee, by notice to the others others, may designate additional or different addresses for subsequent notices or communications. All notices and communications (other than those sent to Holders) shall will be deemed to have been duly given: at the time delivered by hand, if personally delivered; five (5) Business Days after being deposited in the mail, postage prepaid, if mailed; when answered back, if telexed; when receipt acknowledged, if telecopied; and the next Business Day after timely delivery to the courier, if sent by overnight air courier guaranteeing next day delivery. Any notice or communication to a Holder shall will be mailed by first class mail, certified or registered, return receipt requested, or by overnight air courier guaranteeing next day delivery to its address shown on the register kept by the Registrar. Any notice or communication shall will also be so mailed to any Person described in TIA § §313(c), to the extent required by the TIA. Failure to mail a notice or communication to a Holder or any defect in it shall will not affect its sufficiency with respect to other Holders. If a notice or communication is mailed in the manner provided above within the time prescribed, it is duly given, whether or not the addressee receives it. If the Company or a Guarantor mails a notice or communication to Holders, it shall will mail a copy to the Trustee and each Agent at the same time.

Appears in 3 contracts

Sources: Third Supplemental Indenture (NRG Energy, Inc.), Supplemental Indenture (NRG Energy, Inc.), Indenture (NRG Energy, Inc.)

Notices. (a) Any notice or communication by either of the CompanyCompany or any Subsidiary Guarantor, any Guarantor on the one hand, or the Trustee on the other hand, to the others other is duly given if in writing in the English language and delivered in Person or mailed by first class mail (registered or certified, return receipt requested), telex, telecopier facsimile or overnight air courier guaranteeing next day delivery, to the others’ address: If to the Company and/or or any Subsidiary Guarantor: FiberTower ▇▇▇▇▇▇▇▇ Petroleum Corporation ▇▇▇ ▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇▇, Suite 4800 San Francisco, CA 94107 Fax▇ Facsimile: (▇▇▇-) ▇▇▇-▇▇▇▇ Attention: Chief Financial Officer With a copy (which shall not constitute notice) toIf to the Trustee: ▇▇Wilmington Trust, National Association ▇▇▇▇▇ ▇▇▇▇▇ LLP ▇▇▇ . ▇▇▇▇▇▇ ▇▇▇▇▇▇, Suite 4200 Houston, TX 77002 Fax: ▇▇▇-▇▇▇-▇▇▇▇ Attention: W. ▇▇▇▇ ▇▇▇▇▇, Esq. If to the Trustee and/or Collateral Agent: ▇▇▇▇▇ Fargo Bank, National Association Corporate Trust Services ▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, 2nd Floor Dallas, TX ▇▇ ▇▇▇▇▇-▇ Facsimile No.: (▇▇▇▇ Fax: ▇▇▇-) ▇▇▇-▇▇▇▇ Attention: ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇ Petroleum Administrator (b) The Company, any Guarantor the Subsidiary Guarantors or the Trustee, by notice to the others may designate additional or different addresses for subsequent notices or communications. . (c) All notices and communications (other than those sent to Holders) shall be deemed to have been duly given: (i) at the time delivered by hand, if personally delivered; (ii) five (5) Business Days after being deposited in the mail, postage prepaid, if mailed; when answered back, if telexed; (iii) when receipt acknowledged, if telecopied; (iv) and the next Business Day after timely delivery to the courier, if sent by overnight air courier guaranteeing next day delivery. . (d) Any notice or communication to a Holder (i) of a Global Note shall be given in accordance with the rules and procedures of the Depositary, and (ii) otherwise shall be mailed by first class mail, certified or registered, return receipt requested, or by overnight air courier guaranteeing next day delivery to its address shown on the register kept by the Registrar. Any notice or communication shall also be so mailed delivered to any Person described in TIA § §313(c), to the extent required by the TIA. Failure to mail deliver a notice or communication to a Holder or any defect in it shall not affect its sufficiency with respect to other Holders. . (e) If a notice or communication is mailed in the manner provided above within the time prescribed, it is duly given, whether or not the addressee receives it. . (f) If the Company or a Guarantor mails delivers a notice or communication to Holders, it shall mail deliver a copy to the Trustee and each Agent at the same time.

Appears in 3 contracts

Sources: Indenture (Goodrich Petroleum Corp), Note Purchase Agreement (Goodrich Petroleum Corp), Indenture (Goodrich Petroleum Corp)

Notices. Any notice or communication by the CompanyIssuer, any Guarantor or the Trustee to the others is duly given if in writing in the English language and delivered in Person or mailed by first class mail (registered or certified, return receipt requested), telex, telecopier or overnight air courier guaranteeing next day delivery, to the others’ address: If to the Company Issuer and/or any Guarantor: FiberTower Corporation Ventas, Inc. 10350 ▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇, , Suite 4800 San Francisco, CA 94107 Fax: ▇▇▇-▇▇▇-▇▇▇▇ Attention: Chief Financial Officer With a copy (which shall not constitute notice) to: ▇▇▇ ▇▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇ ▇▇▇▇▇ Telecopier No.: (▇▇▇) ▇▇▇-▇▇▇▇ Attention: General Counsel With a copy to: ▇▇▇▇▇▇ & ▇▇▇▇▇▇▇ LLP ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, Suite 4200 Houston, TX 77002 Fax: ▇▇-▇▇▇-▇▇▇▇ Attention: W. ▇▇▇▇ ▇▇▇▇▇, Esq. If to the Trustee and/or Collateral Agent: ▇▇▇▇▇ Fargo Bank, National Association Corporate Trust Services ▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, 2nd Floor Dallas, TX ▇▇▇▇▇-▇▇▇ ▇▇▇▇▇ FaxTelecopier No.: (▇▇▇-) ▇▇▇-▇▇▇▇ Attention: ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇If to the Trustee: U.S. Bank National Association ▇▇▇ ▇▇▇▇▇▇ ▇▇ ▇▇ ▇▇ ▇▇ ▇▇ ▇▇▇▇▇▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇ Telecopier No.: (▇▇▇) ▇▇▇-▇▇▇▇ Attention: Corporate Trust Administration The CompanyIssuer, any Guarantor or the Trustee, by notice to the others may designate additional or different addresses for subsequent notices or communications. All notices and communications (other than those sent to Holders) shall will be deemed to have been duly given: at the time delivered by hand, if personally delivered; five (5) Business Days after being deposited in the mail, postage prepaid, if mailed; when answered back, if telexed; when receipt acknowledged, if telecopied; and the next Business Day after timely delivery to the courier, if sent by overnight air courier guaranteeing next day delivery. Any notice or communication to a Holder shall will be mailed by first class mail, certified or registered, return receipt requested, or by overnight air courier guaranteeing next day delivery to its address shown on the register kept by the Registrar. Any notice or communication shall will also be so mailed to any Person described in TIA § Section 313(c)) of the TIA, to the extent required by the TIA. Failure to mail a notice or communication to a Holder or any defect in it shall will not affect its sufficiency with respect to other Holders. If a notice or communication is mailed in the manner provided above within the time prescribed, it is duly given, whether or not the addressee receives it. If the Company or a Guarantor Issuer mails a notice or communication to Holders, it shall will mail a copy to the Trustee and each Agent at the same time.

Appears in 3 contracts

Sources: Indenture (Ventas Realty Limited Partnership), Indenture (Ventas Realty Limited Partnership), Indenture (Ventas Inc)

Notices. Any notice or communication by the Company, any Guarantor Company or the Trustee to the others is duly given if in writing and delivered in Person or mailed by first class mail (registered or certified, return receipt requested), telex, telecopier facsimile or overnight air courier guaranteeing next day delivery, to the others’ address: If to the Company and/or any GuarantorCompany: FiberTower Corporation ▇▇▇▇▇▇ International Inc. ▇▇▇▇▇ ▇▇▇▇▇▇, Suite 4800 San Francisco, CA 94107 Fax: ▇▇▇-▇▇▇-▇▇▇▇ Attention: Chief Financial Officer With a copy (which shall not constitute notice) to: ▇▇▇▇▇▇▇ ▇▇▇▇▇ LLP ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, Suite 4200 Houston, TX 77002 Fax: ▇▇▇-, ▇.▇., ▇▇▇-▇▇▇▇ Attention▇▇▇ ▇▇▇ Attn: W. ▇▇▇▇ ▇▇▇▇▇▇▇▇, Esq. If to the Trustee and/or Collateral AgentChief Financial Officer Facsimile: (▇▇▇) ▇▇▇-▇▇▇▇ With a copy to: Sangra Moller LLP ▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Fargo Bank, National Association Corporate Trust Services ▇▇▇▇ ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, 2nd Floor Dallas, TX ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇, ▇▇, ▇▇▇▇▇▇ ▇▇▇ ▇▇▇ Attn: ▇▇▇▇▇▇ ▇▇▇▇▇▇ Facsimile: (▇▇▇) ▇▇▇-▇▇▇▇ FaxIf to the Trustee: ▇▇▇▇▇ Fargo Bank, National Association ▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇., ▇▇▇▇ ▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ Mailcode E2818-176 Attn: Corporate Trust Services Facsimile: (▇▇▇) ▇▇▇-▇▇▇▇ Attention: ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇ The Company, any Guarantor Company or the Trustee, by notice to the others may designate additional or different addresses for subsequent notices or communications. All notices and communications (other than those sent to Holders) shall be deemed to have been duly given: at the time delivered by hand, if personally delivered; five (5) Business Days after being deposited in the mail, postage prepaid, if mailed; when answered back, if telexed; when receipt acknowledged, if telecopied; and the next Business Day after timely delivery to the courier, if sent by overnight air courier guaranteeing next day delivery. Any notice or communication to a Holder shall be mailed by first class mail, certified or registered, return receipt requested, or by overnight air courier guaranteeing next day delivery to its address shown on the register kept by the Registrar, except that notes held in book entry form may be delivered by electronic transmission. Any notice or communication shall also be so mailed to any Person described in TIA § 313(c), to the extent required by the TIA. Failure to mail a notice or communication to a Holder or any defect in it shall not affect its sufficiency with respect to other Holders. If a notice or communication is mailed in the manner provided above within the time prescribed, it is duly given, whether or not the addressee receives it. If the Company or a Guarantor mails a notice or communication to Holders, it shall mail a copy to the Trustee and each Agent at the same time.

Appears in 3 contracts

Sources: Exchange Agreement (Mercer International Inc.), Exchange Agreement (Mercer International Inc.), Exchange Agreement (Mercer International Inc.)

Notices. Any notice All notices or communication communications required by the Company, any Guarantor or the Trustee to the others is duly given if this Indenture shall be in writing and delivered in Person person, sent by facsimile or electronic transmission in the form of a “pdf” on letterhead (if applicable) and signed by an authorized signer delivered by commercial courier service or mailed by first first-class mail (registered or certifiedmail, return receipt requested)postage prepaid, telex, telecopier or overnight air courier guaranteeing next day delivery, to the others’ addressaddressed as follows: If if to the Company and/or or to any Guarantor: FiberTower Corporation ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇, Suite 4800 San Francisco, CA 94107 Fax: ▇▇▇Cleveland-▇▇▇-▇▇▇▇ Attention: Chief Financial Officer With a copy (which shall not constitute notice) to: ▇▇▇▇▇▇▇ ▇▇▇▇▇ LLP Cliffs Inc. ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, Suite 4200 Houston, TX 77002 Fax: ▇▇-▇▇▇-▇▇▇▇ Attention: W. ▇▇▇▇ ▇▇▇▇▇, Esq. If to the Trustee and/or Collateral Agent: ▇▇▇▇▇ Fargo Bank, National Association Corporate Trust Services ▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, 2nd Floor Dallas, TX ▇▇▇, ▇▇▇▇ ▇▇▇▇▇ Fax: (▇▇▇) ▇▇▇-▇▇▇▇ FaxAttention: ▇▇▇-▇▇ ▇▇▇-▇▇▇, Executive Vice President, Chief Legal Officer & Secretary with a copy to: ▇▇▇▇▇ Day ▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇ Attention: ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇ Fax: (▇▇▇) ▇▇▇-▇▇▇▇ if to the Trustee or the First Lien Notes Collateral Agent, at U.S. Bank National Association ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇ Attention: Corporate Trust Services/Account Administrator Fax: (▇▇▇) ▇▇▇-▇▇▇▇ The Company, any Guarantor Company or the Trustee, Trustee or the First Lien Notes Collateral Agent by written notice to the others other may designate additional or different addresses for subsequent notices or communications. All notices and communications (other than those sent Any notice or communication to Holders) the Company, the Guarantors, the Trustee or the First Lien Notes Collateral Agent shall be deemed to have been duly given: at given or made as of the time date so delivered by hand, if personally delivered; five (5) Business Days after being deposited in the mail, postage prepaid, if mailed; when answered back, if telexed; when receipt is acknowledged, if telecopiedtransmitted by facsimile or electronic transmission (including “pdf” on letterhead (if applicable) and signed by an authorized signer); and the next Business Day after timely delivery to the courier, if sent by overnight air courier guaranteeing next day delivery, and five calendar days after mailing if sent by registered or certified mail, postage prepaid (except that a notice of change of address shall not be deemed to have been given until actually received by the addressee). Any written notice or communication to the Trustee or the First Lien Notes Collateral Agent shall be deemed delivered upon receipt. Any written notice or communication mailed to a Holder shall be mailed by first class mail, certified or registered, return receipt requested, or by overnight air courier guaranteeing next day delivery to its the Holder at the Holder’s address shown on as it appears in the register kept by the Registrar. Any notice or communication Notes Register and shall also be sufficiently given if so mailed to any Person described in TIA § 313(c), to within the extent required by the TIAtime prescribed. Failure to mail a written notice or communication to a Holder or any defect in it shall not affect its sufficiency with respect to other Holders. If a written notice or communication is mailed in the manner provided above within the time prescribedabove, it is duly given, whether or not the addressee receives it. If the Company or a Guarantor mails a notice or communication to Holders, it shall mail a copy except that notices to the Trustee and each or the First Lien Notes Collateral Agent at shall be effective only upon receipt. In case by reason of the same timesuspension of regular mail service or by reason of any other cause it shall be impracticable to give such written notice by mail, then such notification as shall be made with the approval of the Trustee or the First Lien Notes Collateral Agent shall constitute a sufficient notification for every purpose hereunder.

Appears in 3 contracts

Sources: Indenture (Cleveland-Cliffs Inc.), Indenture (Cleveland-Cliffs Inc.), Indenture (Cleveland-Cliffs Inc.)

Notices. Any notice or communication by the Company, any Guarantor Company or the Trustee to the others is duly given if in writing and delivered in Person or mailed by first class mail (registered or certified, return receipt requested), telex, telecopier facsimile transmission or overnight air courier guaranteeing next day delivery, to the others’ address: If to the Company and/or any GuarantorCompany: FiberTower Corporation ▇NerdWallet, Inc. ▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇, Suite 4800 San Francisco, CA 94107 Fax: ▇▇▇-▇▇▇-▇▇▇▇ Attention: Chief Financial Officer With a copy (which shall not constitute notice) to: ▇▇▇▇▇▇▇ ▇▇▇▇▇ LLP ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, Suite 4200 Houston, TX 77002 Fax: ▇▇▇-▇▇▇-▇▇▇▇ Attention: W. ▇▇▇▇ ▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇▇▇▇▇, Esq. If to the Trustee and/or Collateral Agent▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇ Attention: General Counsel Facsimile No.: [●] Telephone No.: [●] With a copy to: ▇▇▇▇▇ Fargo BankDay ▇▇▇ ▇▇▇▇▇ , National Association Corporate Trust Services ▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, 2nd Floor Dallas, TX ▇▇▇▇▇ ▇▇▇▇▇-▇▇▇▇ Fax: ▇▇▇-▇▇▇-▇▇▇▇ -2712 Attention: ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇ Facsimile No.: (▇▇▇) ▇▇▇-▇▇▇▇ Telephone No.: (▇▇▇) ▇▇▇-▇▇▇▇ If to the Trustee: [●] [●] [●] Attention: [●] Telephone No.: [●] The Company, any Guarantor Company or the Trustee, by notice to the others others, may designate additional or different addresses for subsequent notices or communications. All notices and communications (other than those sent to Holders) shall will be deemed to have been duly given: at the time delivered by hand, if personally delivered; five (5) Business Days after being deposited in the mail, postage prepaid, if mailed; when answered back, if telexed; when receipt acknowledged, if telecopiedtransmitted by facsimile; and the next Business Day after timely delivery to the courier, if sent by overnight air courier guaranteeing next day delivery. Any notice or communication to a Holder shall will be mailed by first class mail, certified or registered, return receipt requested, or by overnight air courier guaranteeing next day delivery to its address shown on the register kept by the Registrar. Any notice or communication shall will also be so mailed to any Person described in TIA § 313(c), to the extent required by the TIA. Failure to mail a notice or communication to a Holder or any defect in it shall will not affect its sufficiency with respect to other Holders. Notwithstanding any other provision of this Indenture or any Global Note, where this Indenture or any Global Note provides for notice of any event (including any notice of redemption or repurchase) to a Holder of a Global Note (whether by mail or otherwise), such notice shall be sufficiently given if given to the Depositary (or its designee) pursuant to the Applicable Procedures, including by electronic mail in accordance with the standing instructions from the Depositary. If a notice or communication is mailed in the manner provided above within the time prescribed, it is duly given, whether or not the addressee receives it. If the Company or a Guarantor mails a notice or communication to Holders, it shall will mail a copy to the Trustee and each Agent at the same time. The Trustee agrees to accept and act upon instructions or directions pursuant to this Indenture sent by unsecured e-mail, pdf, facsimile transmission or other similar unsecured electronic methods; provided, however, that (a) the party providing such written instructions, subsequent to such transmission of written instructions, shall provide the originally executed instructions or directions to the Trustee in a timely manner, and (b) such originally executed instructions or directions shall be signed by an authorized representative of the party providing such instructions or directions and such party shall provide to the Trustee an incumbency certificate listing such authorized representative, which incumbency certificate shall be amended whenever a person is to be added or deleted from the listing. If the party elects to give the Trustee e-mail or facsimile instructions (or instructions by a similar electronic method) and the Trustee in its discretion elects to act upon such instructions, the Trustee’s understanding of such instructions shall be deemed controlling. The Trustee shall not be liable for any losses, costs or expenses arising directly or indirectly from the Trustee’s reliance upon and compliance with such instructions notwithstanding such instructions conflict or are inconsistent with a subsequent written instruction. The party providing electronic instructions agrees (i) to assume all risks arising out of the use of such electronic methods to submit instructions and directions to the Trustee, including without limitation the risk of the Trustee acting on unauthorized instructions, and the risk or interception and misuse by third parties, (ii) that is fully informed of the protections and risks associated with the various methods of transmitting instructions to the Trustee and that there may be more secure methods of transmitting instructions than the method(s) selected by the Trustee and (iii) that the security procedures (if any) to be followed in connection with its transmission of instructions provide to it a commercially reasonable degree of protection in light of its particular needs and circumstances.

Appears in 3 contracts

Sources: Indenture (Nerdwallet, Inc.), Indenture (Nerdwallet, Inc.), Indenture (Nerdwallet, Inc.)

Notices. (a) Any notice or communication by the Company, any Guarantor or the Trustee to the others is duly given if shall be in writing and delivered in Person person or mailed by first first-class mail (registered or certifiedmail, return receipt requested)postage prepaid, telex, telecopier or overnight air courier guaranteeing next day delivery, addressed as follows: if to the others’ addressIssuer and the Note Guarantors: If to the Company and/or any Guarantor: FiberTower Corporation c/o CEMEX, S.A.B. de C.V. Av. ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ #325 Colonia ▇▇▇▇▇ del ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇, Suite 4800 San FranciscoNuevo ▇▇▇▇ México 66265 Attention: Chief Financial Officer Fax: +▇ ▇▇ ▇▇ ▇▇▇▇ ▇▇▇▇ if to the Trustee: The Bank of New York Mellon ▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ – 4E New York, CA 94107 NY 10286 Attention: International Corporate Trust Fax: ▇▇▇-▇▇▇-▇▇▇▇ Attention: Chief Financial Officer With a copy (which shall not constitute notice) to: ▇▇▇▇▇▇▇ ▇▇▇▇▇ LLP ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, Suite 4200 Houston, TX 77002 Fax: ▇▇▇-▇▇▇-▇▇▇▇ Attention: W. ▇▇▇▇ ▇▇▇▇▇, Esq. If to The Issuer or the Trustee and/or Collateral Agent: ▇▇▇▇▇ Fargo Bank, National Association Corporate Trust Services ▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, 2nd Floor Dallas, TX ▇▇▇▇▇-▇▇▇▇ Fax: ▇▇▇-▇▇▇-▇▇▇▇ Attention: ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇ The Company, any Guarantor or the Trustee, by notice to the others other may designate additional or different addresses for subsequent notices or communications. . (b) All notices and communications to Holders of Notes will be validly given if mailed to them at their respective addresses in the register of the Holders of such Notes, if any, maintained by the Registrar. For so long as any Notes are represented by Global Notes, all notices to Holders of the Notes will be delivered to DTC, delivery of which shall be deemed to satisfy the requirements of this paragraph. (other than those sent to Holdersc) Each such notice shall be deemed to have been duly given: at given on the time delivered by hand, if personally delivered; five (5) Business Days after being deposited in the mail, postage prepaid, if mailed; when answered back, if telexed; when receipt acknowledged, if telecopied; and the next Business Day after timely date of delivery to the courier, if sent by overnight air courier guaranteeing next day deliveryor mailing. Any notice or communication mailed to a Holder shall be mailed to such Person by first first-class mail, certified mail or registered, return receipt requested, or by overnight air courier guaranteeing next day delivery other equivalent means and shall be sufficiently given to its address shown on the register kept by the Registrar. Any notice or communication shall also be them if so mailed to any Person described in TIA § 313(c), to within the extent required by the TIAtime prescribed. Failure to mail a notice or communication to a Holder or any defect in it shall not affect its sufficiency with respect to other Holders. If a notice or communication is mailed in the manner provided above within the time prescribedabove, it is duly given, whether or not the addressee receives it. If . (d) Subject to Section 7.1(c) and Section 7.2(a), the Company Trustee shall accept electronic transmissions; provided, that (i) the Trustee shall not have any duty or obligation to verify or confirm that the Person sending instructions, directions, reports, notices or other communications or information by electronic transmission is, in fact, a Guarantor mails Person authorized to give such instructions, directions, reports, notices or other communications or information on behalf of the party purporting to send such electronic transmission; and the Trustee shall not have any liability for any losses, liabilities, costs or expenses incurred or sustained by any party as a result of such reliance upon or compliance with such instructions, directions, reports, notices or other communications or information and (ii) each other party agrees to assume all risks arising out of the use of electronic methods to submit instructions, directions, reports, notices or other communications or information to the Trustee, including without limitation the risk of the Trustee acting on unauthorized instructions, notices, reports or other communications or information, and the risk of interception and misuse by third parties. (e) Any notice or communication mailed to a registered Holder shall be mailed to the Holder at the Holder’s address as it appears on the Note Register and shall be sufficiently given if so mailed within the time prescribed. (f) Failure to mail a notice or communication to a Holder or any defect in it shall not affect its sufficiency with respect to other Holders. If a notice or communication is mailed in the manner provided above, it shall mail a copy is duly given, whether or not the addressee receives it. (g) Any notice or communication delivered to the Trustee and each Agent at Issuer under the same timeprovisions herein shall constitute notice to the Note Guarantors.

Appears in 3 contracts

Sources: Indenture (Cemex Sab De Cv), Indenture (Cemex Sab De Cv), Indenture (Cemex Sab De Cv)

Notices. Any notice or communication by the Company, any Guarantor or the Trustee to the others is duly given if in writing and delivered in Person or mailed by first class mail (registered or certified, return receipt requested), telex, telecopier facsimile transmission or overnight air courier guaranteeing next day delivery, to the others’ address: If to the Company and/or any Guarantor: FiberTower Corporation ▇▇▇ Television, Inc. ▇▇▇▇ ▇▇▇▇▇▇, Suite 4800 San Francisco, CA 94107 Fax: ▇▇▇ ▇▇▇-▇, ▇.▇. ▇▇▇-▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ Attention: Chief Financial Officer With a copy (which shall not constitute notice) to: ▇▇▇▇▇ Day ▇▇▇▇ ▇▇▇▇▇ LLP ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, Suite 4200 Houston, TX 77002 Fax: .▇-▇▇▇-▇▇▇▇ Attention: W. ▇▇▇▇ ▇▇▇▇▇, Esq. If to the Trustee and/or Collateral Agent: ▇▇▇▇▇ Fargo Bank, National Association Corporate Trust Services ▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, 2nd Floor Dallas, TX ▇▇▇▇▇-▇▇▇▇ Fax: ▇▇-▇▇▇-▇▇▇▇ Attention: ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇ , Esq. If to the Trustee: [ ] [ ] [ ] Facsimile No.: [ ] Attention: [ ] The Company, any Guarantor or the Trustee, by notice to the others others, may designate additional or different addresses for subsequent notices or communications. All notices and communications (other than those sent to Holders) shall will be deemed to have been duly given: at the time delivered by hand, if personally delivered; five (5) Business Days after being deposited in the mail, postage prepaid, if mailed; when answered back, if telexed; when receipt acknowledged, if telecopiedtransmitted by facsimile; and the next Business Day after timely delivery to the courier, if sent by overnight air courier guaranteeing next day delivery. Any notice or communication to a Holder shall will be mailed by first class mail, certified or registered, return receipt requested, or by overnight air courier guaranteeing next day delivery to its address shown on the register kept by the Registrar. Any notice or communication shall will also be so mailed to any Person described in TIA § §313(c), to the extent required by the TIA. Failure to mail a notice or communication to a Holder or any defect in it shall will not affect its sufficiency with respect to other Holders. If a notice or communication is mailed in the manner provided above within the time prescribed, it is duly given, whether or not the addressee receives it. If the Company or a Guarantor mails a notice or communication to Holders, it shall will 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 a 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 if given to the Depositary for such Security (or its designee) pursuant to customary procedures of such Depositary.

Appears in 3 contracts

Sources: Indenture (WVLT-TV, Inc.), Indenture (WVLT-TV, Inc.), Indenture (WVLT-TV, Inc.)

Notices. Any notice or communication by the CompanyIssuer, any Guarantor or the Trustee to the others is duly given if in writing and delivered in Person or mailed by first class mail (registered or certified, return receipt requested), telex, telecopier or overnight air courier guaranteeing next day delivery, to the others’ others address: If to the Company and/or Issuer or any Guarantor: FiberTower Corporation Triumph Group, Inc. ▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇▇, Suite 4800 San Francisco, CA 94107 Fax: ▇▇ ▇▇▇-▇▇ Facsimile: (▇▇▇) ▇▇▇-▇▇▇▇ Attention: Chief Financial Officer General Counsel With a copy (which shall not constitute notice) to: ▇▇▇▇▇▇▇ ▇▇▇▇▇ LLP ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, Suite 4200 Houston▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇▇▇, TX 77002 Fax: ▇▇ ▇▇▇▇▇-▇▇▇▇ Facsimile: (▇▇▇) ▇▇▇-▇▇▇▇ Attention: W. ▇▇▇▇ ▇▇▇▇▇, Esq. If to the Trustee and/or Collateral Agent: ▇▇▇▇▇ Fargo Bank, National Association Corporate Trust Services ▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, 2nd Floor Dallas, TX ▇▇▇▇▇-▇▇▇▇ Fax: ▇▇▇-▇▇▇-▇▇▇▇ Attention: ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇ If to the Trustee: U.S. Bank National Association Corporate Trust Services Two Liberty Place ▇▇ ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇: EX-PA-WBSP ▇▇▇▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ Facsimile: (▇▇▇) ▇▇▇-▇▇▇▇ Attention: ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇ The CompanyIssuer, any Guarantor or the Guarantors and the Trustee, by notice to the others others, may designate additional or different addresses for subsequent notices or communications. All notices and communications (other than those sent to HoldersHolders and the Trustee) shall be deemed to have been duly given: at the time delivered by hand, if personally delivered; five (5) 5 Business Days after being deposited in the mail, postage prepaid, if mailed; when answered back, if telexed; when receipt acknowledged, if telecopied; and the next Business Day after timely delivery to the courier, if sent by overnight air courier guaranteeing promising next day Business Day delivery. Any notice or communication to a Holder shall be sent electronically or mailed by first class mail, certified or registered, return receipt requested, mail or by overnight air courier guaranteeing promising next day Business Day delivery to its address shown on the register kept by the Registrar. Any notice or communication shall also be so mailed sent to any Person described in TIA § 313(c), to the extent required by the TIA. Failure to mail send a notice or communication to a Holder or any defect in it shall not affect its sufficiency with respect to other Holders. If a notice or communication is mailed or delivered in the manner provided above within the time prescribed, it is duly given, whether or not the addressee receives it, except in the case of notices or communications given to the Trustee, which shall be effective only upon actual receipt. If the Company Issuer mails or a Guarantor mails delivers a notice or communication to Holders, it shall mail or deliver a copy to the Trustee and each Agent at the same time.

Appears in 3 contracts

Sources: Indenture (Triumph Group Inc), Indenture (Triumph Group Inc), Indenture (Triumph Group Inc)

Notices. Any notice or communication by the Company, Holdings, any Guarantor or the Trustee to the others is duly given if in writing and delivered in Person or mailed by first class mail (registered or certified, return receipt requested), telex, telecopier or overnight air courier guaranteeing next day delivery, to the others’ address: If to the Company Company, Holdings and/or any Guarantor: FiberTower Corporation TransDigm Inc. ▇▇▇▇ ▇▇▇▇ ▇▇▇ ▇▇▇▇▇▇, Suite 4800 San Francisco, CA 94107 Fax: ▇▇-▇▇▇-▇▇▇▇ Attention: Chief Financial Officer With a copy (which shall not constitute notice) to: ▇▇▇▇▇▇▇ ▇▇▇▇▇ LLP ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, Suite 4200 Houston, TX 77002 Fax: ▇▇▇-▇▇▇-▇▇▇▇ Attention: W. ▇▇▇▇ ▇▇▇▇▇, Esq. If to the Trustee and/or Collateral Agent: ▇▇▇▇▇ Fargo Bank, National Association Corporate Trust Services ▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, 2nd Floor Dallas, TX ▇▇▇, ▇▇▇▇ ▇▇▇▇▇ Facsimile No.: (▇▇▇) ▇▇▇-▇▇▇▇ FaxAttention: ▇▇▇▇▇▇▇ ▇▇▇▇▇, Executive Vice President and Chief Financial Officer ▇▇▇▇▇ Day ▇▇▇ ▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇, ▇▇ ▇▇▇▇▇ Facsimile No.: (▇▇▇) ▇▇▇-▇▇▇▇ Attention: ▇▇▇▇ ▇▇▇▇, Esq. If to the Trustee: The Bank of New York Mellon Trust Company, N.A. ▇ ▇. ▇▇▇▇▇▇▇ Street, Suite 1020 Chicago, IL 60602 Facsimile No.: ▇▇▇-▇▇▇-▇▇▇▇ Attention: ▇▇▇▇▇▇▇. ▇▇▇▇▇▇▇▇ The Company, Holdings, any Guarantor or the Trustee, by notice to the others others, may designate additional or different addresses for subsequent notices or communications. All notices and communications (other than those sent to HoldersHolders or the Trustee) shall be deemed to have been duly given: at the time delivered by hand, if personally delivered; five (5) Business Days after being deposited in the mail, postage prepaid, if mailed; when answered back, if telexed; when receipt acknowledged, if telecopied; and the next Business Day after timely delivery to the courier, if sent by overnight air courier guaranteeing next day delivery. All notices and communications sent to the Trustee shall be deemed to have been duly given when actually received. Any notice or communication to a Holder shall be mailed by first class mail, certified or registered, return receipt requested, or by overnight air courier guaranteeing next day delivery to its address shown on the register kept by the Registrar. Any notice or communication shall also be so mailed to any Person described in TIA § 313(c), to the extent required by the TIA. Failure to mail a notice or communication to a Holder Holder, or any defect in it it, shall not affect its sufficiency with respect to other Holders. The Trustee agrees to accept and act upon instructions or directions pursuant to this Indenture sent by unsecured e-mail, facsimile transmission or other similar unsecured electronic methods; provided, however, that (a) the party providing such written instructions, subsequent to such transmission of written instructions, shall provide the originally executed instructions or directions to the Trustee in a timely manner and (b) such originally executed instructions or directions shall be signed by an authorized representative of the party providing such instructions or directions. If the party elects to give the Trustee e-mail or facsimile instructions (or instructions by a similar electronic method), and the Trustee, in its discretion, elects to act upon such instructions, the Trustee’s understanding of such instructions shall be deemed controlling. The Trustee shall not be liable for any losses, costs or expenses arising directly or indirectly from the Trustee’s reliance upon, and compliance with, such instructions notwithstanding if such instructions conflict or are inconsistent with a subsequent written instruction. The party providing electronic instructions agrees to assume all risks arising out of the use of such electronic methods to submit instructions and directions to the Trustee, including the risk of the Trustee acting on unauthorized instructions and the risk of interception and misuse by third parties. If a notice or communication is mailed in the manner provided above within the time prescribed, it is duly given, whether or not the addressee receives it. If the Company or a Guarantor mails a notice or communication to Holders, it shall mail a copy to the Trustee Trustee, each Paying Agent and each Agent the Registrar at the same time.

Appears in 3 contracts

Sources: Indenture (TransDigm Group INC), Indenture (TransDigm Group INC), Indenture (TransDigm Group INC)

Notices. Any All notices, demands or requests required or permitted under this Agreement must be in writing, and shall be made by hand delivery, certified mail, overnight courier service, electronic mail or facsimile to the address, electronic mail address or facsimile number set forth below; provided, that any party may designate a different address, electronic mail address or facsimile number by a notice or communication by similarly given to the Company, any Guarantor or the Trustee to the others is duly given if in writing and delivered in Person or mailed by first class mail : (registered or certified, return receipt requested), telex, telecopier or overnight air courier guaranteeing next day delivery, to the others’ address: A) If to the Company and/or any GuarantorCompany: FiberTower Corporation Offshore Group Investment Limited ▇▇▇ ▇▇▇▇ ▇▇▇ ▇▇▇▇▇▇, Suite 4800 San Francisco, CA 94107 Fax: ▇▇▇-, ▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ Attention: Chief Executive Officer Facsimile: (▇▇▇) ▇▇▇-▇▇▇▇ AttentionEmail: Chief Financial Officer With ▇▇▇▇.▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ with a copy (which shall not constitute notice) to: ▇▇▇▇▇▇▇ ▇▇▇▇▇ LLP ▇▇▇ ▇▇Norton ▇▇▇▇ ▇▇▇▇▇▇, Suite 4200 Houston, TX 77002 Fax: ▇▇▇-▇▇▇-▇▇▇▇ Attention: W. ▇▇▇▇ ▇▇▇▇▇, Esq. If to the Trustee and/or Collateral Agent: ▇▇▇▇▇ Fargo Bank, National Association Corporate Trust Services ▇▇▇▇ US LLP ▇▇▇▇ ▇▇▇▇▇▇▇▇, 2nd Floor DallasSuite 5100 Houston, TX ▇▇▇▇▇-▇▇▇▇ Fax: ▇▇▇-▇▇▇-▇▇▇▇ 77010 Attention: ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇ Facsimile: (▇▇▇) ▇▇▇-▇▇▇▇ The Company, any Guarantor or the Trustee, by notice Email: ▇▇▇▇.▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ (B) If to the others may designate additional Holders (or different addresses for subsequent notices to any of them), to the address, electronic mail address or communicationsfacsimile number set forth below such Holder’s name on the signature page hereto (or if applicable, on the signature page to the Joinder pursuant to which such Holder became a party hereto). All notices and communications (other than those sent to Holders) Any such notice or communication shall be deemed to have been duly given: at the time given when delivered by hand, if personally delivereddelivered on a Business Day; five (5) on the next Business Day after delivery by hand if delivered by hand on a day that is not a Business Day; four Business Days after being deposited in the United States mail, postage prepaid, return receipt requested, if mailed; when answered back, if telexed; when receipt acknowledged, if telecopied; and on the next Business Day after timely being deposited for next day delivery to the with Federal Express or a similar overnight courier; when receipt is acknowledged, whether by facsimile confirmation or return electronic mail, if sent by overnight air courier guaranteeing facsimile or electronic mail on a Business Day; and on the next Business Day following the day deliveryon which receipt is acknowledged whether by facsimile confirmation or return electronic mail, if sent by facsimile or electronic mail on a day that is not a Business Day. Any If any time period for giving notice or communication to taking action hereunder expires on a Holder day which is not a Business Day or is a legal holiday in the jurisdiction in which the recipient’s principal office is located, the time period shall automatically be mailed by first class mail, certified or registered, return receipt requested, or by overnight air courier guaranteeing next day delivery to its address shown on the register kept by the Registrar. Any notice or communication shall also be so mailed to any Person described in TIA § 313(c), extended to the extent required by the TIA. Failure to mail a notice or communication to a Holder or any defect in it shall not affect its sufficiency with respect to other Holders. If a notice or communication is mailed in the manner provided above within the time prescribed, it is duly given, whether or not the addressee receives it. If the Company or a Guarantor mails a notice or communication to Holders, it shall mail a copy to the Trustee and each Agent at the same timenext Business Day.

Appears in 3 contracts

Sources: Registration Rights Agreement, Registration Rights Agreement (Vantage Drilling International), Registration Rights Agreement

Notices. Any notice or communication by the CompanyIssuer, any Guarantor Subsidiary Guarantor, the Trustee or the Trustee Collateral Agent to the others is duly given if in writing and published, delivered in Person person or mailed by first first-class mail (registered or certified, return receipt requested), telex, telecopier fax or overnight air courier guaranteeing next day delivery, to the others’ address: If to the Company Issuer and/or any Guarantor: FiberTower Corporation Community Choice Financial Inc. ▇▇▇▇ ▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇▇, Suite 4800 San Francisco, CA 94107 Fax: ▇▇▇-▇ ▇▇▇▇▇ Attention: General Counsel Fax No.: (▇▇▇) ▇▇▇-▇▇▇▇ with a copy to: ▇▇▇▇▇ Day ▇▇▇ ▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇, ▇▇ ▇▇▇▇▇ Attention: Chief Financial Officer With a copy (which shall not constitute notice) to: ▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇ LLP Fax No.: (▇▇▇) ▇▇▇-▇▇▇▇ If to the Trustee or the Collateral Agent: U.S. Bank National Association ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, Suite 4200 Houston, TX 77002 Fax: ▇▇▇-▇▇▇-▇▇▇▇ Attention: W. ▇▇▇▇ ▇▇▇▇▇, Esq. If to the Trustee and/or Collateral Agent: ▇▇▇▇▇ Fargo Bank, National Association Corporate Trust Services ▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, 2nd Floor Dallas, TX ▇▇▇, ▇▇▇▇ ▇▇▇▇▇ Attention: Corporate Trust Services Fax No.: (▇▇▇) ▇▇▇-▇▇▇▇ Fax: ▇▇▇-▇▇▇-▇▇▇▇ Attention: ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇ The CompanyIssuer, any Guarantor Subsidiary Guarantor, the Trustee or the TrusteeCollateral Agent, by notice to the others others, may designate additional or different addresses for subsequent notices or communications. Any notice or communication mailed to a Holder shall be mailed to the Holder at the Holder’s address as it appears on the registration books of the Registrar and shall be sufficiently given if so mailed within the time prescribed. Any notice or communication shall also be so mailed or delivered to any Person described in TIA § 313(c), to the extent required by the TIA. All notices and communications (other than those sent to Holders) shall be deemed to have been duly given: on the first date on which publication is made, if published; at the time delivered by hand, if personally delivered; five (5) Business Days calendar days after being deposited in the mail, postage prepaid, if mailed; when answered back, if telexedmailed by first-class mail; when receipt acknowledged, if telecopiedfaxed; and the next Business Day after timely delivery to the courier, if sent by overnight air courier guaranteeing next day delivery; provided that any notice or communication delivered to the Trustee or the Collateral Agent shall be deemed effective upon actual receipt thereof. Any notice or communication to a Holder shall be mailed by first first-class mail, certified or registered, return receipt requested, or by overnight air courier guaranteeing next day delivery to its address shown on the register kept by the Registrar. Any notice or communication shall also be so mailed to any Person described in TIA § 313(c), to the extent required by the TIA. Failure to mail a notice or communication to a Holder or any defect in it shall not affect its sufficiency with respect to other Holders. If a notice or communication is mailed in the manner provided above within the time prescribed, it is duly given, whether or not the addressee receives it. If the Company or a Guarantor Issuer mails a notice or communication to Holders, it the Issuer shall mail a copy to the Trustee Trustee, the Collateral Agent and each Agent at the same time.

Appears in 3 contracts

Sources: Indenture (Reliant Software, Inc.), Indenture (Reliant Software, Inc.), Indenture (Community Choice Financial Inc.)

Notices. Any notice or communication by the CompanyIssuers, any Guarantor or the Trustee to the others is duly given if in writing in the English language and delivered in Person or mailed by first class mail (registered or certified, return receipt requested), telex, telecopier facsimile transmission or overnight air courier guaranteeing next day delivery, to the others’ address: If to the Company Issuers and/or any Guarantor: FiberTower Antero Midstream Partners LP Antero Midstream Finance Corporation 1▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ Denver, Colorado 80202 Facsimile No.: (▇▇▇) ▇▇▇-▇▇▇▇ Attention: Chief Financial Officer with a copy (which shall not constitute notice) to: V▇▇▇▇▇ & E▇▇▇▇▇ L.L.P. 8▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇, Suite 4800 San Francisco, CA 94107 Fax: ▇▇▇-▇▇ ▇▇▇▇ Houston, Texas 77002 Facsimile No.: (▇▇▇) ▇▇▇-▇▇▇▇ Attention: Chief Financial Officer With a copy (which shall not constitute notice) to: ▇▇▇S▇▇▇▇ ▇▇▇▇▇▇▇LLP If to the Trustee: Computershare Trust Company, N.A. Corporate Trust Operations 1▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, Suite 4200 Houston, TX 77002 Fax: ▇▇▇-▇▇▇-▇▇▇▇ Attention: W. ▇▇▇▇ ▇▇▇▇▇, Esq. If to the Trustee and/or Collateral Agent: ▇▇▇▇Fargo Bank, National Association Corporate Trust Services ▇▇▇▇ ▇▇▇▇ ▇▇▇St. P▇▇▇, 2nd Floor Dallas, TX ▇▇▇▇▇-▇▇▇▇ Fax: ▇▇▇-▇▇▇-▇▇▇▇ MN 55108 Attention: ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇ Corporate Trust Services – Antero Midstream The CompanyIssuers, any Guarantor or the Trustee, by notice to the others others, may designate additional or different addresses for subsequent notices or communications. All notices and communications (other than those sent to Holders) shall will be deemed to have been duly given: at the time delivered by hand, if personally delivered; five (5) Business Days after being deposited in the mail, postage prepaid, if mailed; when answered back, if telexed; when receipt acknowledged, if telecopiedtransmitted by facsimile; and the next Business Day after timely delivery to the courier, if sent by overnight air courier guaranteeing next day delivery. Notwithstanding the foregoing, notices to the Trustee shall be effective only upon receipt. Any notice or communication to a Holder shall will be mailed by first class mail, certified or registered, return receipt requested, or by overnight air courier guaranteeing next day delivery mail to its address shown on the register kept by the Registrar. Any ; provided, however, that any notice or communication shall also to a Holder of a Global Note will be so mailed to any Person described given in TIA § 313(c), to the extent required manner prescribed by the TIADTC or other Depositary. Failure to mail give a notice or communication to a Holder or any defect in it shall will not affect its sufficiency with respect to other Holders. If a notice or communication is mailed sent in the manner provided above within the time prescribed, it is duly given, whether or not the addressee receives it. If the Company or a Guarantor mails Issuers send a notice or communication to Holders, it shall mail they will send a copy to the Trustee and each Agent at the same time.

Appears in 3 contracts

Sources: Indenture (Antero Midstream Corp), Indenture (Antero Midstream Corp), Indenture (Antero Midstream Corp)

Notices. Any notice Notices or communication demands authorized by this Agreement to be given or made (i) by the Warrant Agent or by the Holder of any Warrant Certificate to or on the Company, (ii) by the Company or by the Holder of any Guarantor Warrant Certificate to or on the Warrant Agent or (iii) by the Company or the Trustee Warrant Agent to the others is duly Holder of any Warrant Certificate, shall be deemed given if when in writing and (a) on the date delivered, if delivered in Person personally, (b) on the first Business Day following the deposit thereof with Federal Express or another recognized overnight courier, if sent by Federal Express or another recognized overnight courier, (c) on the fourth Business Day following the mailing thereof with postage prepaid, if mailed by first class registered or certified mail (registered or certified, return receipt requested), telexand (d) the date of transmission, telecopier if such notice or overnight air courier guaranteeing communication is delivered via facsimile or e-mail attachment at or prior to 5:30 p.m. (New York City time) on a Business Day and (e) the next Business Day after the date of transmission, if such notice or communication is delivered via facsimile or e-mail attachment on a day deliverythat is not a Business Day or later than 5:30 p.m. (New York City time) on any Business Day, in each case to the others’ address: parties at the following addresses (or at such other address for a party as shall be specified by like notice): (a) If to the Company and/or any GuarantorCompany, to: FiberTower Corporation ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇Revelation Biosciences, Suite 4800 San Francisco, CA 94107 Fax: ▇▇▇-▇▇▇-▇▇▇▇ Attention: Chief Financial Officer Inc. ______________ ______________ Attn:_____________________ Email:_____________________ With a copy (which shall not constitute notice) to: ▇▇▇▇▇▇▇ ▇▇▇▇▇ LLP ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, Suite 4200 Houston, TX 77002 Fax: ▇▇▇-▇▇▇-▇▇▇▇ Attention: W. ▇▇▇▇ ▇▇▇▇▇, Esq. ______________ ______________ ______________ Attn:________________________ Email:________________________ (b) If to the Trustee and/or Collateral Warrant Agent, to: ▇▇▇▇▇ Fargo BankContinental Stock Transfer & Trust Company ______________ ______________ Email: ______________ For any notice delivered by email to be deemed given or made, National Association Corporate Trust Services ▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, 2nd Floor Dallas, TX ▇▇▇▇▇-▇▇▇▇ Fax: ▇▇▇-▇▇▇-▇▇▇▇ Attention: ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇ The Company, any Guarantor or the Trustee, such notice must be followed by notice sent by overnight courier service to the others may designate additional or different addresses for subsequent notices or communications. All notices and communications (other than those sent to Holders) shall be deemed to have been duly given: at the time delivered by hand, if personally delivered; five (5) Business Days after being deposited in the mail, postage prepaid, if mailed; when answered back, if telexed; when receipt acknowledged, if telecopied; and on the next Business Day after timely delivery following such email, unless the recipient of such email has acknowledged via return email receipt of such email. (c) If to the courierHolder of any Warrant Certificate, if sent by overnight air courier guaranteeing next day deliveryto the address of such Holder as shown on the registry books of the Company. Any notice or communication required to be delivered by the Company to the Holder of any Warrant may be given by the Warrant Agent on behalf of the Company. Notwithstanding any other provision of this Agreement, where this Agreement provides for notice of any event to a Holder of any Warrant, such notice shall be mailed by first class mail, certified or registered, return receipt requested, or by overnight air courier guaranteeing next day delivery to its address shown on the register kept by the Registrar. Any notice or communication shall also be so mailed to any Person described in TIA § 313(c), sufficiently given if given to the extent required by the TIA. Failure to mail a notice Depositary (or communication to a Holder or any defect in it shall not affect its sufficiency with respect to other Holders. If a notice or communication is mailed in the manner provided above within the time prescribed, it is duly given, whether or not the addressee receives it. If the Company or a Guarantor mails a notice or communication to Holders, it shall mail a copy designee) pursuant to the Trustee and each Agent at procedures of the same timeDepositary or its designee.

Appears in 3 contracts

Sources: Warrant Agency Agreement (Revelation Biosciences, Inc.), Warrant Agency Agreement (Revelation Biosciences, Inc.), Warrant Agency Agreement (Revelation Biosciences, Inc.)

Notices. Any notice or communication by the Company, any Guarantor or the Trustee to the others is duly given if in writing and delivered in Person or mailed by first class mail (registered or certified, return receipt requested), telex, telecopier or overnight air courier guaranteeing next day delivery, to the others’ address: If to the Company and/or any Guarantor: FiberTower Corporation Polypore, Inc. ▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇, Suite 4800 San Francisco, CA 94107 Fax: ▇▇▇-, ▇▇ ▇▇▇▇▇ Facsimile No.: (▇▇▇) ▇▇▇-▇▇▇▇ Attention: Chief Financial Officer ▇▇▇▇ ▇. ▇▇▇▇ With a copy (which shall not constitute notice) copies to: ▇▇▇▇▇▇▇ ▇▇▇▇ & ▇▇▇▇▇▇▇▇▇ LLP ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, Suite 4200 Houston, TX 77002 Fax: ▇▇▇-▇▇▇-▇▇▇Attention: W. ▇▇▇▇ ▇▇▇▇, Esq. If to the Trustee and/or Collateral Agent: ▇▇▇▇▇ Fargo Bank, National Association Corporate Trust Services ▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, 2nd Floor Dallas, TX ▇ Facsimile No.: (▇▇▇▇▇-▇▇▇▇ Fax: ▇▇▇-) ▇▇▇-▇▇▇▇ Attention: ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇ If to the Trustee: The Bank of New York ▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇, Fl ▇▇ ▇▇▇▇ ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇ Facsimile No.: (▇▇▇) ▇▇▇-▇▇▇▇ Attention: Global Finance Unit The Company, any Guarantor or the Trustee, by notice to the others may designate additional or different addresses for subsequent notices or communications. All notices and communications (other than those sent to HoldersHolders or the Trustee) shall be deemed to have been duly given: at the time delivered by hand, if personally delivered; five (5) Business Days after being deposited in the mail, postage prepaid, if mailed; when answered back, if telexed; when receipt acknowledged, if telecopied; and the next Business Day after timely delivery to the courier, if sent by overnight air courier guaranteeing next day delivery. All notices and communications sent to the Trustee shall be deemed to have been duly given when actually received. Any notice or communication to a Holder shall be mailed by first class mail, certified or registered, return receipt requested, or by overnight air courier guaranteeing next day delivery to its address shown on the register kept by the Registrar. Any notice or communication shall also be so mailed to any Person described in TIA § 313(c), to the extent required by the TIA. Failure to mail a notice or communication to a Holder or any defect in it shall not affect its sufficiency with respect to other Holders. So long as the Euro Notes are listed on the Luxembourg Stock Exchange and it is required by the rules of the Luxembourg Stock Exchange, such notice to the Holders of the Euro Notes will be published in English in a leading newspaper having general circulation in Luxembourg (which is expected to be the Luxemburger Wort) or, if such publication is not practicable, in one other leading English language daily newspaper with general circulation in Europe, such newspaper being published on each business day in morning editions, whether or not it shall be published in Saturday, Sunday or holiday editions. If a notice or communication is mailed in the manner provided above within the time prescribed, it is duly given, whether or not the addressee receives it. If the Company or a Guarantor mails a notice or communication to Holders, it shall mail a copy to the Trustee Trustee, each Paying Agent and each Agent the Registrar at the same time.

Appears in 3 contracts

Sources: Indenture (Daramic, LLC), Indenture (Polypore International, Inc.), Indenture (Polypore International, Inc.)

Notices. Any notice or communication by the Company, any Guarantor Company or the Trustee to the others is duly given if in writing and delivered in Person or mailed by first class mail (registered or certified, return receipt requested), telex, telecopier or overnight air courier guaranteeing next day delivery, to the others' address: If to the Company and/or any GuarantorCompany: FiberTower Corporation ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇Food Company, Suite 4800 San Francisco, CA 94107 Fax: ▇▇▇-▇▇▇-▇Inc. ▇▇▇ Attention: Chief Financial Officer With a copy (which shall not constitute notice) to: ▇▇▇▇▇▇▇ ▇▇▇▇▇ Westlake Village, California 91363 Attention: General Counsel Fax: (▇▇▇) ▇▇▇-▇▇▇▇ With a copy to: Paul, Hastings, ▇▇▇▇▇▇▇▇ & ▇▇▇▇▇▇ LLP ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇, Suite 4200 Houston, TX 77002 Fax: ▇▇▇-▇▇▇▇▇▇▇ ▇▇▇▇▇-▇▇▇▇ Attention: W. ▇▇▇▇ ▇▇▇▇▇, Esq. If to the Trustee and/or Collateral Agent: ▇▇▇▇▇ Fargo Bank, National Association Corporate Trust Services ▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, 2nd Floor Dallas, TX ▇▇▇▇▇-▇▇▇▇ Fax: ▇▇▇-▇▇▇-▇▇▇▇ Attention: ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇ Fax: (▇▇▇) ▇▇▇-▇▇▇▇ If to the Trustee: ▇▇▇▇▇ Fargo Bank, National Association Attention: Corporate Trust Department ▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇ Fax: (▇▇▇) ▇▇▇-▇▇▇▇ The Company, any Guarantor Company or the Trustee, by notice to the others (and to each Representative of Guarantor Designated Senior Debt known to it to be then outstanding) may designate additional or different addresses for subsequent notices or communications. All notices and communications (other than those sent to Holders) shall be deemed to have been duly given: at the time delivered by hand, if personally delivered; five (5) Business Days after being deposited in the mail, postage prepaid, if mailed; when answered back, if telexed; when receipt acknowledged, if telecopied; and the next Business Day after timely delivery to the courier, if sent by overnight air courier guaranteeing next day delivery. Any notice or communication to a Holder shall be mailed by first class mail, certified or registered, return receipt requested, or by overnight air courier guaranteeing next day delivery to its address shown on the register kept by the Registrar. Any notice or communication shall also be so mailed to any Person described in TIA § Section 313(c), to the extent required by the TIA. Failure to mail a notice or communication to a Holder or any defect in it shall not affect its sufficiency with respect to other Holders. If a notice or communication is mailed in the manner provided above within the time prescribed, it is duly given, whether or not the addressee address receives it. If the Company or a Guarantor mails a notice or communication to Holders, it shall mail a copy to the Trustee and each Agent at the same time.

Appears in 3 contracts

Sources: Indenture (Dole Food Co Inc), Indenture (Dole Food Co Inc), Indenture (Dole Food Company Inc)

Notices. Any notice or communication by the Company, any a Guarantor or the Trustee to the others is duly given if in writing and delivered in Person person or mailed by first first-class mail (registered or certified, return receipt requested), telextelecopier, telecopier electronic mail (in PDF format) or overnight air courier guaranteeing next day delivery, to the others’ other’s address: If to the Company and/or any GuarantorCompany: FiberTower The ADT Corporation ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇, Suite 4800 San Francisco, CA 94107 Fax▇▇ ▇▇▇▇▇ Attention: Treasury Department Facsimile No.: ▇▇▇-▇▇▇-▇▇▇▇ AttentionIf to a Guarantor: Chief Financial Officer With a copy (which shall not constitute notice) To the address specified in the documentation naming such Guarantor In either case, with copies to: The ADT Corporation ▇▇▇▇▇▇ ▇▇▇▇▇ LLP ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇, Suite 4200 Houston, TX 77002 Fax▇▇ ▇▇▇▇▇ Attention: General Counsel Facsimile No.: ▇▇▇-▇▇▇-▇▇▇▇ Attention: W. and ▇▇▇ ▇▇▇▇▇, Esq. If to the Trustee and/or Collateral Agent: ▇▇▇▇ & ▇▇▇▇▇▇▇▇ Fargo Bank, National Association Corporate Trust Services ▇LLP ▇▇▇ ▇▇▇▇ ▇▇▇▇▇, 2nd Floor Dallas, TX ▇▇ ▇▇▇▇, -▇▇ ▇▇▇▇ Fax: ▇▇-▇▇▇-▇▇▇▇ Attention: ▇▇▇▇▇▇. ▇▇▇▇▇▇ Facsimile No.: (▇▇▇) ▇▇▇-▇▇▇▇ If to the Trustee: ▇▇▇▇▇ Fargo Bank, National Association ▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇, ▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ Attention: Corporation Trust Services Facsimile No.: (▇▇▇) ▇▇▇-▇▇▇▇ The Company, any Guarantor or the Trustee, Trustee by notice to the others may designate additional or different addresses for subsequent notices or communications. All notices and communications (communications, other than those sent to Holders) Securityholders, shall be deemed to have been duly given: at the time delivered by hand, if personally delivered; five (5) Business Days after being deposited in the mail, postage prepaid, if mailed; when answered backsent, if telexedelectronically mailed in PDF format; when receipt acknowledged, if telecopied; and the next Business Day after timely delivery to the courier, if sent by overnight air courier guaranteeing next day delivery. Any notice or communication to a Holder Securityholder shall be mailed by first first-class mail, certified or registered, return receipt requested, or by overnight air courier guaranteeing next day delivery to its his address shown on the register kept by the Registrar. Any notice or communication shall also be so mailed to any Person described in TIA § 313(c), to the extent required by the TIASecurity Register. Failure to mail a notice or communication to a Holder Securityholder or any defect in it shall not affect its sufficiency with respect to other HoldersSecurityholders. In the event of suspension of regular mail service or by reason of any other cause it shall be impracticable to give notice by mail, then such notification as shall be given with the approval of the Trustee shall constitute sufficient notice for every purpose hereunder. If a notice or communication is mailed in the manner provided above within the time prescribed, it is conclusively presumed duly given, whether or not the addressee receives it. If the Company or a Guarantor mails a notice or communication to Holders, it shall mail a copy to the Trustee and each Agent at the same time.

Appears in 3 contracts

Sources: Indenture (ADT, Inc.), Indenture (ADT, Inc.), Indenture (ADT Corp)

Notices. (a) Any notice or communication by either of the CompanyCompany or any Guarantor, any Guarantor on the one hand, or the Trustee on the other hand, to the others other is duly given if in writing in the English language and delivered in Person or mailed by first class mail (registered or certified, return receipt requested), telex, telecopier facsimile or overnight air courier guaranteeing next day delivery, to the others’ address: If to the Company and/or or any Guarantor: FiberTower Range Resources Corporation ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇, Suite 4800 San Francisco, CA 94107 Fax: ▇▇▇-▇▇▇-▇▇▇▇ Attention: Chief Financial Officer With a copy (which shall not constitute notice) to: ▇▇▇▇▇▇▇ ▇▇▇▇▇ LLP ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, Suite 4200 Houston1200 Fort Worth, TX 77002 FaxTexas 76102 Telecopier No.: (▇▇▇-▇▇▇-▇▇▇▇ Attention: W. ▇▇▇▇ ▇▇▇▇▇, Esq. If to the Trustee and/or Collateral Agent: ▇▇▇▇▇ Fargo Bank, National Association Corporate Trust Services ▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, 2nd Floor Dallas, TX ▇▇▇▇▇-▇▇▇▇ Fax: ▇▇▇-) ▇▇▇-▇▇▇▇ Attention: ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇ If to the Trustee: U.S. Bank National Association ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇, Suite 800 Dallas, Texas 75240 Attention: Global Corporate Trust Services Telecopier No.: (▇▇▇)-▇▇▇-▇▇▇▇ Ref: Range Resources Corporation (b) The Company, any Guarantor the Guarantors or the Trustee, by notice to the others may designate additional or different addresses for subsequent notices or communications. . (c) All notices and communications (other than those sent to Holders) shall be deemed to have been duly given: (i) at the time delivered by hand, if personally delivered; (ii) five (5) Business Days after being deposited in the mail, postage prepaid, if mailed; when answered back, if telexed; (iii) when receipt acknowledged, if telecopied; (iv) and the next Business Day after timely delivery to the courier, if sent by overnight air courier guaranteeing next day delivery. . (d) Any notice or communication to a Holder shall be delivered electronically (for Global Notes) or mailed by first class mail, certified or registered, return receipt requested, or by overnight air courier guaranteeing next day delivery to its address shown on the register kept by the Registrar. Any notice or communication shall also be so mailed or delivered to any Person described in TIA § Section 313(c), to the extent required by the TIA. Failure to mail or deliver a notice or communication to a Holder or any defect in it shall not affect its sufficiency with respect to other Holders. . (e) If a notice or communication is mailed or delivered in the manner provided above within the time prescribed, it is duly given, whether or not the addressee receives it. . (f) If the Company mails or a Guarantor mails otherwise delivers a notice or communication to Holders, it shall mail a copy to the Trustee and each Agent at the same time. (g) Notwithstanding any other provision of this Indenture or any Note, where this Indenture or any Note provides for notice of any event or any other communication (including any notice of redemption or repurchase) to a Holder of a Global Note (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 accepted practices at the Depositary.

Appears in 3 contracts

Sources: Indenture (Range Resources Corp), Indenture (Range Resources Corp), Indenture (Range Resources Corp)

Notices. Any notice or communication by the CompanyCompany or any Guarantor, any Guarantor on the one hand, or the Trustee Trustee, on the other hand, to the others is duly given if other shall be in writing and delivered in Person or person, mailed by first first-class mail (registered or certified, return receipt requested), telex, telecopier transmitted via facsimile or sent by overnight air courier guaranteeing next next-day delivery, to the others’ addressaddressed as follows: If if to the Company and/or or any Guarantor: FiberTower Credit Acceptance Corporation ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇, Suite 4800 San Francisco, CA 94107 Fax: ▇▇▇-▇▇▇-▇▇▇▇ Attention: Chief Financial Officer With a copy (which shall not constitute notice) to: ▇. ▇▇▇▇▇▇ ▇▇▇▇▇ LLP ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, Suite 4200 Houston, TX 77002 Fax: ▇▇▇-▇▇▇-▇▇▇▇ Attention: W. ▇▇▇▇ ▇▇▇▇▇, Esq. If to the Trustee and/or Collateral Agent: ▇▇▇▇▇ Fargo Bank, National Association Corporate Trust Services ▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇, 2nd Floor Dallas, TX ▇▇▇▇▇-▇▇▇ ▇▇▇▇▇ FaxFacsimile: (▇▇▇-) ▇▇▇-▇▇▇▇ Attention: Treasurer if to the Trustee: U.S. Bank National Association Corporate Trust Services EP-MN-WS3C ▇▇ ▇▇▇▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇ St. ▇▇▇▇, Minnesota 55107-1419 Attention: Credit Acceptance Corporate Administrator Facsimile: (▇▇▇) ▇▇▇-▇▇▇▇ The Company, any Guarantor or the Trustee, Trustee by notice to the others may designate additional or different addresses and/or facsimile numbers for subsequent notices or communications. Any notice or communication to a Holder shall be mailed by first-class mail (registered or certified, return receipt requested) or sent by overnight air courier guaranteeing next-day delivery to such Holder at such Holder’s address as it appears on the registration books of the Registrar and shall be sufficiently given if so mailed or sent within the time prescribed. All notices and or communications (other than those sent to Holders) shall be deemed to have been duly given: given at the time delivered by handin person, if personally so delivered; five (5) three Business Days after being deposited in the mail, postage prepaid, if mailed; when answered backupon acknowledgment of receipt, if telexed; when receipt acknowledged, if telecopiedtransmitted via facsimile; and the next Business Day after timely delivery to the courier, courier if sent by overnight air courier guaranteeing next next-day delivery. Any Notwithstanding any other provision of this Indenture or any Note, where this Indenture or any Note requires or provides for notice (including any notice of redemption) or any other communication to a Holder shall be mailed Holder, whether by first class mailmail or otherwise, certified or registered, return receipt requested, or by overnight air courier guaranteeing next day delivery to its address shown on the register kept by the Registrar. Any such notice or communication shall also be so mailed to any Person described in TIA § 313(c)sufficiently given, with respect a Holder of Global Notes, if given to the extent required by Depository (or its designee) in accordance with the TIAapplicable procedures of the Depository. Failure to mail or send a notice or communication to a Holder or any defect in it shall not affect its sufficiency with respect to other Holders. If a notice or communication is mailed delivered, mailed, transmitted or sent in the manner provided above within the time prescribed, it is duly given, whether or not the addressee receives it. If Where this Indenture provides for notice in any manner, such notice may be waived in writing by the Company 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 shall be filed with the Trustee, but such filing shall not be a Guarantor mails a notice or communication condition precedent to Holders, the validity of any action taken in reliance on such waiver. In case it shall be impracticable to give notice in the manner provided above, including by reason of a suspension of regular mail a copy to service, then such notification as shall be made with the approval of the Trustee and each Agent at the same timeshall constitute a sufficient notification for every purpose hereunder.

Appears in 3 contracts

Sources: Indenture (Credit Acceptance Corp), Indenture (Credit Acceptance Corp), Indenture (Credit Acceptance Corp)

Notices. Any notice or communication by the CompanyIssuers, any Guarantor or the Trustee to the others is duly given if in writing and delivered in Person or mailed by first class mail (registered or certified, return receipt requested), telex, telecopier facsimile transmission or overnight air courier guaranteeing next day delivery, to the others’ address: If to the Company Issuers and/or any Guarantor: FiberTower Corporation FORBES ENERGY SERVICES LLC ▇.▇. ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇, Suite 4800 San Francisco, CA 94107 Fax: ▇▇▇-▇▇▇-▇▇▇▇ Attention: Chief Financial Officer With a copy (which shall not constitute notice) to: ▇▇▇▇▇▇▇ ▇▇▇▇▇ LLP ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, Suite 4200 Houston, TX 77002 Fax: ▇▇▇-▇▇▇-▇▇▇▇ Attention: W. ▇▇▇▇ ▇▇▇▇▇, Esq. Chief Financial Officer If to the Trustee and/or and Collateral Agent: ▇▇▇▇▇ Fargo Bank, National Association Corporate Trust Services ▇▇▇▇▇▇ ▇▇▇▇▇▇, 2nd Floor Dallas, TX ▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇-▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇ Fax: ▇▇▇-▇▇ Facsimile No.: (▇▇▇) ▇▇▇-▇▇▇▇ Attention: ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇ Corporate Trust Services – Relationship Manager The CompanyIssuers, any Guarantor or the Trustee, by notice to the others others, may designate additional or different addresses for subsequent notices or communications. All notices and communications (other than those sent to Holders) shall will be deemed to have been duly given: at the time delivered by hand, if personally delivered; five (5) Business Days after being deposited in the mail, postage prepaid, if mailed; when answered back, if telexed; when receipt acknowledged, if telecopiedtransmitted by facsimile; and the next Business Day after timely delivery to the courier, if sent by overnight air courier guaranteeing next day delivery. Any notice or communication to a Holder shall will be mailed by first class mail, certified or registered, return receipt requested, or by overnight air courier guaranteeing next day delivery or by electronic means to its address shown on the register kept by the Registrar. Any notice or communication shall will also be so mailed sent to any Person described set forth in TIA § 313(c), to the extent required by the TIA. Failure to mail send a notice or communication to a Holder or any defect in it shall will not affect its sufficiency with respect to other Holders. If a notice or communication is mailed given in the manner provided above within the time prescribed, it is duly given, whether or not the addressee receives it. If the Company or a Guarantor mails Issuers give a notice or communication to Holders, it shall mail the Issuers will give a copy to the Trustee and each Agent at the same time. Notwithstanding any other provision of this Indenture or any Note, where this Indenture or any Note provides for notice of any event (including any notice of redemption) to a Holder of a Global Note (whether by mail or otherwise), such notice shall be sufficiently given if given to the Depositary for such Note (or its designee), pursuant to the customary procedures of such Depositary.

Appears in 3 contracts

Sources: Indenture (Forbes Energy Services Ltd.), Indenture (Forbes Energy Services Ltd.), Indenture (Forbes Energy Services LLC)

Notices. Any notice demand, authorization notice, request, consent or communication shall be given in writing and shall be deemed effectively given: (i) upon personal delivery to the party to be notified, (ii) when sent by confirmed electronic mail or facsimile if sent during normal business hours of the recipient, and if not so confirmed, then on the next Business Day, (iii) five days after having been sent by registered or certified mail (or regular mail if registered or certified mail is unavailable in the country of the recipient), (iv) if sent within the U.S., one Business Day after deposit with a recognized overnight courier, specifying next Business Day delivery, with written verification of receipt or (v) if sent from the U.S. to an address outside the U.S. or if sent from outside the U.S. to an address within the U.S., five Business Days after deposit with an internationally recognized courier service if, specifying that delivery be made within five Business Days with written verification of receipt. All notices and other communications shall be sent if sent to a Holder, to the address, fax number or email address of such Holder set forth on the signature page to this Agreement, as it may subsequently change on the Company’s books by notice from the Holder; and If to the Company, any Guarantor or the Trustee to the others is duly given if in writing and delivered in Person or mailed by first class mail (registered or certified, return receipt requested), telex, telecopier or overnight air courier guaranteeing next day delivery, to the others’ addressto: If to the Company and/or any Guarantor: FiberTower Corporation ▇EuroSite Power Inc. ▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇, Suite 4800 San Francisco, CA 94107 Fax: ▇▇▇-▇▇▇-▇, ▇▇ ▇▇▇▇▇ Attention: Chief Financial Officer Fax No.: (▇▇▇) ▇▇▇-▇▇▇▇ Phone No.: (▇▇▇) ▇▇▇-▇▇▇▇ With a copy (which shall not constitute notice) to: ▇▇▇▇▇▇▇▇ & Worcester LLP ▇▇▇ ▇▇▇▇ LLP ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, Suite 4200 Houston, TX 77002 Fax: ▇-▇▇▇-▇▇▇▇ Attention: W. ▇▇▇▇ ▇▇▇▇▇, Esq. If to the Trustee and/or Collateral Agent: ▇▇▇▇▇ Fargo Bank, National Association Corporate Trust Services ▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, 2nd Floor Dallas, TX ▇▇▇▇▇-▇▇▇▇ Fax: ▇▇▇-▇▇▇-▇▇▇▇ Attention: ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇, ▇▇. Fax No.: (▇▇▇) ▇▇▇-▇▇▇▇ Phone No.: (▇▇▇) ▇▇▇-▇▇▇▇ Such notices or communications shall be effective when received. If a notice or communication to a Holder is sent in the manner provided above, it is duly given, whether or not the addressee receives it. The Company, any Guarantor or the Trustee, Company by notice to the others Holders may designate additional or different addresses for subsequent notices or communications. All notices and communications (other than those sent to Holders) shall be deemed to have been duly given: at the time delivered by hand, if personally delivered; five (5) Business Days after being deposited in the mail, postage prepaid, if mailed; when answered back, if telexed; when receipt acknowledged, if telecopied; and the next Business Day after timely delivery to the courier, if sent by overnight air courier guaranteeing next day delivery. Any notice or communication to a Holder shall be mailed by first class mail, certified or registered, return receipt requested, or by overnight air courier guaranteeing next day delivery to its address shown on the register kept by the Registrar. Any notice or communication shall also be so mailed to any Person described in TIA § 313(c), to the extent required by the TIA. Failure to mail a notice or communication to a Holder or any defect in it shall not affect its sufficiency with respect to other Holders. If a notice or communication is mailed in the manner provided above within the time prescribed, it is duly given, whether or not the addressee receives it. If the Company or a Guarantor mails a notice or communication to Holders, it shall mail a copy to the Trustee and each Agent at the same time.

Appears in 3 contracts

Sources: Noteholders Agreement (Eurosite Power Inc.), Noteholders Agreement (Eurosite Power Inc.), Noteholders Agreement (Eurosite Power Inc.)

Notices. Any notice or communication by the CompanyIssuers, any Guarantor the Trustee, the Collateral Agent or the Trustee Paying Agent to the others is duly given if in writing (in the English language) and delivered in Person person or mailed by first class mail (registered or certified, return receipt requested), telex, telecopier or overnight air courier guaranteeing next day delivery, to the others’ address: If to the Company and/or Issuers, the Parent Guarantor or any Subsidiary Guarantor: FiberTower Corporation [Cloud Peak Energy Inc. ▇▇▇ ▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, Suite 4800 San Francisco, CA 94107 Fax: ▇▇, -▇▇▇-▇▇▇▇ Attention: Chief Financial Officer With a copy (which shall not constitute notice) to: ▇▇▇ ▇▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇ ▇▇▇▇▇ LLP Telecopier No.: (▇▇▇) ▇▇▇-▇▇▇▇ Attention: General Counsel] If to the Trustee or the Collateral Agent: Wilmington Savings Fund Society, FSB ▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, Suite 4200 Houston, TX 77002 Fax: ▇▇▇-▇, ▇▇▇-▇▇▇ Attention: W. ▇▇▇▇ ▇▇▇▇▇, Esq. ▇ Attention: Cloud Peak 12% Second Lien Senior Secured Notes due 2025 If to the Trustee and/or Collateral Paying Agent: Wilmington Savings Fund Society, FSB ▇▇▇ ▇▇▇▇▇▇▇▇ Fargo Bank, National Association Corporate Trust Services ▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, 2nd Floor Dallas, TX ▇▇▇▇, -▇▇▇▇ Fax: ▇▇▇-▇▇▇-▇▇▇▇ Attention: ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇ Attention: Cloud Peak 12% Second Lien Senior Secured Notes due 2025 The CompanyIssuers, the Parent Guarantor, any Guarantor Subsidiary Guarantor, the Trustee, the Collateral Agent or the TrusteePaying Agent, by notice to the others may designate additional or different addresses for subsequent notices or communications. All notices and communications (other than those sent to Holders) shall be deemed to have been duly given: at the time delivered by hand, if personally delivered; five (5) Business Days after being deposited in the mail, postage prepaid, if mailed; when answered back, if telexed; when receipt is acknowledged, if telecopiedsent by facsimile transmission; and the next Business Day after timely delivery to the courier, if sent by overnight air courier guaranteeing next day delivery. Notwithstanding the foregoing, notices to any of the Trustee, Collateral Agent and any other Agent shall be delivered upon actual receipt by the Trustee, Collateral Agent and such Agent. Any notice or communication to a Holder of a Certificated Note shall be mailed by first class mail, certified or registered, return receipt requested, or by overnight air courier guaranteeing next day delivery to its address shown on the register kept by the Registrar. Any notice or communication to the Holder of a Global Note shall be given in accordance with the applicable procedures of the Depositary. Any notice or communication shall also be so mailed to any Person described in TIA § Section 313(c), to the extent required by the TIA. Failure to mail a notice or communication to a Holder or any defect in it shall not affect its sufficiency with respect to other Holders. If a notice or communication is mailed in the manner provided above within the time prescribed, it is duly given, whether or not the addressee receives it. If either of the Company or a Guarantor mails Issuers gives a notice or communication to Holders, it shall mail give a copy to the Trustee and each Agent at the same time.

Appears in 2 contracts

Sources: Indenture (Youngs Creek Mining Co LLC), Indenture (Youngs Creek Mining Co LLC)

Notices. Any notice All notices, requests or communication demands to be given under this Agreement from one party to the other (collectively, “Notices” and individually a “Notice”) shall be in writing and shall be given by personal delivery, or by overnight courier service for next Business Day delivery at the other party’s address set forth below, or by telecopy transmission at the other party’s facsimile telephone number set forth below. Notices given by personal delivery (i.e., by the sending party or a messenger) shall be deemed given on the date of delivery. Notices given by overnight courier service shall be deemed given upon deposit with the overnight courier service and Notices given by telecopy transmission shall be deemed given on the date of transmission provided such transmission is completed by 5:00 p.m. (sending party’s local time) on a Business Day, otherwise such delivery shall be deemed to occur on the next succeeding Business Day. If any party’s address is a business, receipt, or the refusal to accept delivery, by a receptionist or by any person in the employ of such party, shall be deemed actual receipt by the party of Notices. The term, Business Day, means any day other than Saturday, Sunday or any other day on which national banks are required or are authorized to be closed in Chicago, Illinois. Notices may be issued by an attorney for a party and in such case such Notices shall be deemed given by such party. The parties’ addresses are as follows If to the Company, any Guarantor or the Trustee to the others is duly given if in writing and delivered in Person or mailed by first class mail to: Inland Residential Properties Trust, Inc. ▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇ Oak Brook, IL 60523 Attention: ▇▇. ▇▇▇▇▇▇▇▇ Sabshon, President Telephone: (registered or certified▇▇▇) ▇▇▇-▇▇▇▇ Facsimile: (▇▇▇) ▇▇▇-▇▇▇▇ With a copy to: Inland Residential Business Manager & Advisor, return receipt requested)Inc. ▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇ Oak Brook, telexIL 60523 Attention: ▇▇. ▇▇▇▇▇▇▇ ▇. Matlin, telecopier or overnight air courier guaranteeing next day delivery, to the others’ addressVice President Telephone: (▇▇▇) ▇▇▇-▇▇▇▇ Facsimile: (▇▇▇) ▇▇▇-▇▇▇▇ If to the Company and/or any GuarantorManager, to: FiberTower Corporation Inland Residential Real Estate Services LLC ▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇ Oak Brook, IL 60523 Attention: ▇▇. ▇▇▇▇▇ ▇▇▇▇▇▇, Suite 4800 San Francisco, CA 94107 Fax: ▇▇▇-▇ Telephone: (▇▇▇) ▇▇▇-▇▇▇▇ AttentionFacsimile: Chief Financial Officer With a copy (which shall not constitute notice) to: ▇▇▇▇▇▇▇ ▇▇▇▇▇ LLP ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, Suite 4200 Houston, TX 77002 Fax: ▇▇▇-) ▇▇▇-▇▇▇▇ Attention: W. ▇▇▇▇ ▇▇▇▇▇, Esq. If A party’s address for Notice may be changed from time to time by notice given to the Trustee and/or Collateral Agent: ▇▇▇▇▇ Fargo Bank, National Association Corporate Trust Services ▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, 2nd Floor Dallas, TX ▇▇▇▇▇-▇▇▇▇ Fax: ▇▇▇-▇▇▇-▇▇▇▇ Attention: ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇ The Company, any Guarantor or the Trustee, by notice to the others may designate additional or different addresses for subsequent notices or communications. All notices and communications (other than those sent to Holders) shall be deemed to have been duly given: at the time delivered by hand, if personally delivered; five (5) Business Days after being deposited in the mail, postage prepaid, if mailed; when answered back, if telexed; when receipt acknowledged, if telecopied; and the next Business Day after timely delivery to the courier, if sent by overnight air courier guaranteeing next day delivery. Any notice or communication to a Holder shall be mailed by first class mail, certified or registered, return receipt requested, or by overnight air courier guaranteeing next day delivery to its address shown on the register kept by the Registrar. Any notice or communication shall also be so mailed to any Person described in TIA § 313(c), to the extent required by the TIA. Failure to mail a notice or communication to a Holder or any defect in it shall not affect its sufficiency with respect to other Holders. If a notice or communication is mailed party in the manner herein provided above within for giving Notice. Copies of Notices are for informational purposes only, and a failure to give or receive copies of any Notice shall not be deemed a failure to give notice, and shall in no way adversely affect the time prescribed, it is duly given, whether or not effectiveness of such Notice given to the addressee receives it. If the Company or a Guarantor mails a notice or communication to Holders, it shall mail a copy to the Trustee and each Agent at the same timeparty.

Appears in 2 contracts

Sources: Master Real Estate Management Agreement (Inland Residential Properties Trust, Inc.), Master Real Estate Management Agreement (Inland Residential Properties Trust, Inc.)

Notices. Any notice or communication by the Company, any Guarantor or the Trustee to the others is duly shall be sufficiently given if in writing and delivered in Person person or mailed by first class certified or registered mail (registered or certified, return receipt requested), telexfacsimile, telecopier or overnight air courier guaranteeing next day delivery, to the others’ addressaddressed as follows: If to the Company and/or or any Subsidiary Guarantor: FiberTower Chesapeake Energy Corporation ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇, Suite 4800 San Francisco, CA 94107 Fax: ▇▇▇-▇▇▇-▇▇▇▇ Attention: Chief Financial Officer With a copy (which shall not constitute notice) to: ▇▇▇▇▇▇▇ ▇▇▇▇▇ LLP ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, Suite 4200 Houston, TX 77002 Fax: ▇▇ ▇▇▇-▇, ▇▇▇▇▇▇▇▇ ▇▇▇▇▇ Attention: Treasurer Fax: (▇▇▇) ▇▇▇-▇▇▇▇ Attention: W. ▇▇▇▇ ▇▇▇▇▇, Esq. If to the Trustee and/or Collateral AgentTrustee: ▇▇▇▇▇ Fargo BankThe Bank of New York Mellon Trust Company, National Association Corporate Trust Services ▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, 2nd Floor Dallas, TX ▇▇▇▇▇-▇▇▇▇ Fax: ▇▇▇-▇▇▇-▇▇▇▇ Attention: ▇▇▇▇▇▇N.A. ▇ ▇. ▇▇▇▇▇▇▇ Street Suite 1020 Chicago, IL 60602 Attention: Corporate Trust Administration Fax: (▇▇▇) ▇▇▇-▇▇▇▇ The Company, Company or any Subsidiary Guarantor or the Trustee, Trustee by notice to the others other may designate additional or different addresses for subsequent notices or communications. All notices and communications (other than those sent to Holders) shall be deemed to have been duly given: at the time delivered by hand, if personally delivered; five (5) Business Days after being deposited in the mail, postage prepaid, if mailed; when answered back, if telexed; when receipt acknowledged, if faxed or telecopied; and the next Business Day after timely delivery to the courier, if sent by overnight air courier guaranteeing next day delivery. Any notice or communication mailed to a Holder shall be mailed by first first-class mail, certified or registered, return receipt requested, or by overnight air courier guaranteeing next day delivery mail to its the address shown for such Holder appearing on the register kept by registration books of the Registrar. Any notice or communication Registrar and shall also be sufficiently given to such Holder if so mailed to any Person described in TIA § 313(c), to within the extent required by the TIAtime prescribed. Failure to mail a notice or communication to a Holder or any defect in it shall not affect its sufficiency with respect to other Holders. If a notice or communication is mailed in the manner provided above within the time prescribedabove, it is duly given, whether or not the addressee receives it. If the Company or a any Subsidiary Guarantor mails a notice or communication communications 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 if given to the Depositary for such Security (or its designee), pursuant to the customary procedures of such 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

Sources: Indenture (Chesapeake Louisiana Lp), Indenture (Chesapeake Energy Corp)

Notices. Any notice or communication by the CompanyIssuers, any Guarantor Guarantor, the Trustee or the Trustee Collateral Agent to the others is duly given if in writing and delivered in Person person or mailed by first class mail (registered or certified, return receipt requested), telex, telecopier facsimile transmission or overnight air courier guaranteeing next day delivery, to the others’ address: If to the Company Issuers and/or any Guarantor: FiberTower Corporation Forbes Energy Services LLC ▇.▇. ▇▇▇ ▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇ Attention: Chief Financial Officer Facsimile No.: Telephone No.: If to the Trustee and Collateral Agent: Wilmington Trust FSB ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇, Suite 4800 San Francisco, CA 94107 Fax: ▇▇▇-▇▇▇-▇▇▇▇ Attention: Chief Financial Officer With a copy (which shall not constitute notice) to: ▇▇▇▇▇▇▇ ▇▇▇▇▇ LLP ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, Suite 4200 Houston, TX 77002 Fax: ▇▇▇-▇▇▇-▇▇▇▇ Attention: W. ▇▇, ▇▇ ▇▇▇▇▇, Esq. If to the Trustee and/or Collateral Agent: ▇▇▇▇▇ Fargo Bank, National Association Corporate Trust Services ▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, 2nd Floor Dallas, TX ▇▇▇▇▇-▇▇▇▇ Fax: ▇▇▇-▇▇▇-▇▇▇▇ Attention: ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇ Facsimile No.: (▇▇▇) ▇▇▇-▇▇▇▇ Telephone No.: (▇▇▇) ▇▇▇-▇▇▇▇ The CompanyIssuers, any Guarantor Guarantor, the Trustee or the TrusteeCollateral Agent, by notice to the others others, may designate additional or different addresses for subsequent notices or communications. All notices and communications (other than those sent to Holders) shall will be deemed to have been duly given: at the time delivered by hand, if personally delivered; five (5) Business Days after being deposited in the mail, postage prepaid, if mailed; when answered back, if telexed; when receipt acknowledged, if telecopiedtransmitted by facsimile; and the next Business Day after timely delivery to the courier, if sent by overnight air courier guaranteeing next day delivery. Any notice or communication to a Holder shall will be mailed by first class mail, certified or registered, return receipt requested, or by overnight air courier guaranteeing next day delivery or by electronic means to its address shown on the register kept by the Registrar. Any notice or communication shall will also be so mailed sent to any Person described set forth in TIA § 313(c), to the extent required by the TIA. Failure to mail send a notice or communication to a Holder or any defect in it shall will not affect its sufficiency with respect to other Holders. If a notice or communication is mailed given in the manner provided above within the time prescribed, it is duly given, whether or not the addressee receives it. If the Company or a Guarantor mails Issuers give a notice or communication to Holders, it shall mail the Issuers will give a copy to the Trustee and each Agent at the same time. Notwithstanding any other provision of this Indenture or any Note, where this Indenture or any Note provides for notice of any event (including any notice of redemption) to a Holder of a Global Note (whether by mail or otherwise), such notice shall be sufficiently given if given to the Depositary for such Note (or its designee), pursuant to the customary procedures of such Depositary.

Appears in 2 contracts

Sources: Indenture (Forbes Energy Services Ltd.), Indenture (Forbes Energy Services Ltd.)

Notices. Any notice or communication by the CompanyIssuers, any Guarantor or the Trustee to the others is duly given if in writing and delivered in Person or mailed by first class mail (registered or certified, return receipt requested), telex, telecopier facsimile transmission or overnight air courier guaranteeing next day delivery, to the others’ address: If to the Company Issuers and/or any Guarantor: FiberTower Corporation ▇▇▇ ▇Interface Security Systems Holdings, Inc. Interface Security Systems, L.L.C. ▇▇▇▇ ▇▇▇▇▇▇, Suite 4800 San Francisco, CA 94107 Fax: ▇▇▇-▇▇▇-▇▇▇▇ Attention: Chief Financial Officer With a copy (which shall not constitute notice) to: ▇▇▇▇▇▇▇ ▇▇▇▇▇ LLP ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇, Suite 4200 Houston, TX 77002 Fax: ▇▇▇-▇▇▇-▇▇ ▇▇▇▇▇ Attention: W. ▇▇. ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇, Esq. If to the Trustee and/or Collateral AgentChief Financial officer With a copy to: Akin Gump ▇▇▇▇▇▇▇ Fargo Bank▇▇▇▇▇ & ▇▇▇▇ LLP ▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇, National Association Corporate Trust Services ▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, 2nd Floor Dallas, TX ▇▇▇▇-▇▇▇▇ FaxFacsimile No.: (▇▇▇-) ▇▇▇-▇▇▇▇ Attention: ▇▇▇▇▇ ▇. ▇▇▇▇▇▇, P.C. If to the Trustee: ▇▇▇▇▇ Fargo Bank, N.A. ▇▇▇ ▇. ▇▇▇▇▇▇▇▇ ▇▇▇▇▇, Suite 1750 Dallas, Texas 75201 Facsimile No.: (▇▇▇) ▇▇▇-▇▇▇▇ Attention: Corporate Trust The CompanyIssuers, any Guarantor or the Trustee, by notice to the others others, may designate additional or different addresses for subsequent notices or communications. All notices and communications (other than those sent to Holders) shall will be deemed to have been duly given: at the time delivered by hand, if personally delivered; five (5) Business Days after being deposited in the mail, postage prepaid, if mailed; when answered back, if telexed; when receipt acknowledged, if telecopiedtransmitted by facsimile; and the next Business Day after timely delivery to the courier, if sent by overnight air courier guaranteeing next day delivery. Any notice or communication to a Holder shall will be mailed by first first-class mail, certified or registered, return receipt requested, or by overnight air courier guaranteeing next day delivery to its address shown on the register kept by the Registrar. Any notice Registrar or communication shall also be so mailed to any Person described in TIA § 313(c), transmitted pursuant to the extent required by the TIAapplicable procedures of DTC. Failure to mail send a notice or communication to a Holder or any defect in it shall will not affect its sufficiency with respect to other Holders. If a notice or communication is mailed sent in the manner provided above within the time prescribed, it is duly given, whether or not the addressee receives it. If the Company or a Guarantor mails Issuers send a notice or communication to Holders, it shall will mail a copy to the Trustee and each Agent at the same time. The Trustee agrees to accept and act upon instructions or directions pursuant to this Indenture sent by unsecured e-mail, facsimile transmission or other similar unsecured electronic methods (including pdf files). If the party elects to give the Trustee e-mail or facsimile instructions (or instructions by a similar electronic method) and the Trustee in its discretion elects to act upon such instructions, the Trustee’s understanding of such instructions shall be deemed controlling. The Trustee shall not be liable for any losses, costs or expenses arising directly or indirectly from the Trustee’s reliance upon and compliance with such instructions notwithstanding such instructions conflict or are inconsistent with a subsequent written instruction. The party providing electronic instructions agrees to assume all risks arising out of the use of such electronic methods to submit instructions and directions to the Trustee, including without limitation the risk of the Trustee acting on unauthorized instructions, and the risk or interception and misuse by third parties.

Appears in 2 contracts

Sources: Indenture (Interface Security Systems, L.L.C.), Indenture (Interface Security Systems Holdings Inc)

Notices. Any notice or communication by the Company, any Guarantor Issuers or the Trustee to the others is duly given if in writing and delivered in Person or mailed by first first-class mail (registered or certified, return receipt requested), telex, telecopier or overnight air courier guaranteeing next day delivery, to the others’ address' addresses: If to the Company and/or any GuarantorIssuers: FiberTower Corporation c/o Majestic Investor Holdings, LLC One Buffington Harbor Drive Gary, Indiana 46406 Attentio▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇, Suite 4800 San Francisco, CA 94107 Fax: ▇▇▇-▇▇▇-▇▇▇▇ Attention: Chief Financial Officer With a copy (which shall not constitute notice) to: ▇▇▇▇▇▇▇ ▇▇▇▇▇ LLP ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, Suite 4200 Houston, TX 77002 Fax: ▇▇▇-▇▇▇-▇▇▇▇ Attention: W. ▇▇▇▇ ▇▇▇▇▇, Esq. If to the Trustee and/or Collateral Agent: ▇▇▇▇▇ Fargo Bank, National Association Corporate Trust Services ▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, 2nd Floor Dallas, TX ▇▇▇▇▇-▇▇▇▇ Fax: ▇▇▇-▇▇▇-▇▇▇▇ Attention: ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇ Telecopier No.: (219) 977-7811 With c▇▇▇▇▇ ▇▇: Barden Companies, Inc. ▇▇▇ ▇▇▇ison Avenue Suite 2000 ▇▇troit, MI 48226 ▇▇▇▇▇▇▇▇▇: ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ ▇▇.: (▇▇▇) ▇▇▇-8400 If to ▇▇▇ ▇▇▇▇▇▇▇: The CompanyBank of New York ▇ ▇▇▇▇ Plaza/13th Floor New York, any Guarantor or the Trustee, NY 10001 Attention: Ro▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ ▇▇.: (▇▇▇) ▇▇▇-7298 The I▇▇▇▇▇▇ ▇▇ ▇▇▇ ▇▇▇stee by notice to the others may designate oth▇▇▇ ▇▇▇ ▇▇▇▇▇▇ate additional or different addresses for subsequent notices or communications. All notices and communications (other than those sent to Holders) shall be deemed to have been duly given: at the time delivered by hand, if personally delivered; five (5) Business Days after being upon receipt, if deposited in the mail, postage prepaid, if mailed; when answered back, if telexed; when receipt acknowledged, if telecopied; and the next Business Day after timely delivery to the courier, if sent by overnight air courier guaranteeing next day delivery. All notices and communications to the Trustee shall be deemed to have been duly given only if actually received by the Trustee. Any notice or communication to a Holder shall be mailed by first first-class mail, certified or registered, return receipt requested, or by overnight air courier guaranteeing next day delivery to its his address shown on the register kept by the Registrar. Any notice or communication shall also be so mailed to any Person described in TIA § 313(c), to the extent required by the TIA. Failure to mail a notice or communication to a Holder or any defect in it shall not affect its sufficiency with respect to other Holders. If a notice or communication is mailed in the manner provided above within the time prescribed, it is duly given, whether or not the addressee receives it. If the Company or a Guarantor Issuers mails a notice or communication to Holders, it shall mail a copy to the Trustee and each Agent at the same time.

Appears in 2 contracts

Sources: Indenture (Majestic Star Casino LLC), Indenture (Majestic Investor Capital Corp)

Notices. Any notice or other communication by the Company, any Guarantor or the Trustee to the others is duly be given if hereunder shall be in writing and delivered shall: (a) in Person or mailed by first class mail (registered or certified, return receipt requested), telex, telecopier or overnight air courier guaranteeing next day delivery, the case of notice to the others’ addressInvestor, be addressed to: If to the Company and/or any Guarantor: FiberTower Corporation ▇▇▇ Investissement Québec 1001, boul. R▇▇▇▇▇-▇▇▇▇▇▇▇▇, Suite 4800 San Francisco, CA 94107 Fax: Bureau 1000 M▇▇▇-▇▇▇-, ▇▇▇▇▇▇, ▇▇▇ ▇▇▇ Attention: Chief Financial Officer With [REDACTED: CONTACT INFORMATION] Email: [REDACTED: CONTACT INFORMATION] [REDACTED: CONTACT INFORMATION] with a copy (which shall not constitute notice) to: M▇▇▇▇▇▇▇ T▇▇▇▇▇▇▇ LLP 5▇▇, ▇▇▇▇▇▇-▇▇▇▇▇ ▇▇▇▇▇ LLP , ▇▇▇ ▇▇▇▇▇ Q▇▇▇▇▇ (▇▇▇▇▇▇) ▇▇▇ ▇▇▇ Attention: [REDACTED: CONTACT INFORMATION] Email: [REDACTED: CONTACT INFORMATION] (b) In the case of notice to the Corporation shall be addressed to: Nouveau Monde Graphite Inc. 4▇▇, ▇▇▇ ▇▇▇▇▇▇, Suite 4200 Houston, TX 77002 Fax▇▇ Saint-Michel-des-Saints (Québec) J0K 3B0 Attention: ▇▇▇-▇▇▇-[REDACTED: CONTACT INFORMATION] Email: [REDACTED: CONTACT INFORMATION] Attention: [REDACTED: CONTACT INFORMATION] Email: [REDACTED: CONTACT INFORMATION] with a copy (which shall not constitute notice) to: S▇▇▇▇ Attention: W. ▇▇▇▇ ▇▇▇▇▇, Esq. If to the Trustee and/or Collateral Agent: M▇▇▇▇▇ Fargo Bank, National Association Corporate Trust Services ▇▇▇7▇▇▇ ▇▇▇▇▇▇, 2nd Floor Dallas, TX ▇▇▇▇▇-▇▇▇▇ Fax: ▇▇▇-▇▇▇-▇▇▇▇ Attention: ▇▇, ▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇ The CompanyQuébec, any Guarantor or the Trustee, by notice to the others may designate additional or different addresses for subsequent notices or communications. All notices Québec G1K 4B2 Attention: [REDACTED: CONTACT INFORMATION] Email: [REDACTED: CONTACT INFORMATION] and communications (other than those sent to Holders) shall be deemed to have been duly given: at the time delivered by hand, if personally delivered; five (5) Business Days after being deposited in the mail, postage prepaid, if mailed; when answered back, if telexed; when receipt acknowledged, if telecopied; and the next Business Day after timely delivery to the courier, if sent by overnight air courier guaranteeing next day delivery. Any notice or communication to a Holder shall be mailed by first class mail, certified or registered, return receipt requested, or by overnight air courier guaranteeing next day delivery to its address shown on the register kept by the Registrar. Any each notice or communication shall also be so mailed to any Person described in TIA § 313(c), personally delivered (including by courier service) to the extent required addressee or sent by electronic transmission to the TIA. Failure to mail addressee, and (i) a notice or communication which is personally delivered shall, if delivered before 5:00 p.m. (in the jurisdiction of the recipient) on a Business Day, be deemed to a Holder or be given and received on that day and, in any defect in other case, be deemed to be given and received on the first Business Day following the day on which it shall not affect its sufficiency with respect to other Holders. If is delivered; and (ii) a notice or communication which is mailed sent by electronic transmission shall, if sent on a Business Day before 5:00 p.m. (in the manner provided above within jurisdiction of the time prescribedrecipient), be deemed to be given and received on that day and, in any other case, be deemed to be given and received on the first Business Day following the day on which it is duly given, whether or not the addressee receives itsent. If the Company or a Guarantor mails a Either party hereto may at any time change its address for service from time to time by notice or communication to Holders, it shall mail a copy to the Trustee and each Agent at the same timegiven in accordance with this Section 9.9.

Appears in 2 contracts

Sources: Subscription Agreement (Investissement Quebec), Subscription Agreement (Nouveau Monde Graphite Inc.)

Notices. Any notice or communication by the CompanyIssuer, any Guarantor or the Trustee to the others is duly given if in writing and delivered in Person or mailed by first class mail (registered or certified, return receipt requested), telex, telecopier facsimile transmission or overnight air courier guaranteeing next day delivery, to the others’ address: If to the Company and/or any Guarantor: FiberTower Corporation Abitibi-Consolidated Inc. ▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, Suite 4800 San Francisco, CA 94107 Fax: ▇▇▇-▇▇ ▇▇▇ ▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇ ▇▇▇ Facsimile No.: (▇▇▇) ▇▇▇-▇▇▇▇ Attention: Chief Financial Officer With a copy (which shall not constitute notice) to: ▇▇▇▇▇▇▇▇▇▇▇▇▇ LLP ▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, Suite 4200 Houston, TX 77002 Fax: ▇▇ ▇▇▇-▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ Facsimile No.: (▇▇▇) ▇▇▇-▇▇▇▇ Attention: W. ▇▇▇▇▇▇ ▇▇▇▇▇, Esq. If to the Trustee and/or Collateral AgentTrustee: ▇▇▇▇▇ Fargo Bank, National Association Corporate Trust Services ▇▇▇▇▇▇ ▇▇▇▇▇▇, 2nd Floor Dallas, TX ▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇-▇▇▇▇▇, ▇▇ ▇▇▇▇▇ FaxFacsimile No.: (▇▇▇-) ▇▇▇-▇▇▇▇ Attention: ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇ Corporate Trust Administration The Company, any Guarantor or the Trustee, by notice to the others others, may designate additional or different addresses for subsequent notices or communications. All notices and communications (other than those sent to Holders) shall will be deemed to have been duly given: at the time delivered by hand, if personally delivered; five (5) Business Days after being deposited in the mail, postage prepaid, if mailed; when answered back, if telexed; when receipt acknowledged, if telecopiedtransmitted by facsimile; and the next Business Day after timely delivery to the courier, if sent by overnight air courier guaranteeing next day delivery. Any notice or communication to a Holder shall will be mailed by first class mail, certified or registered, return receipt requested, or by overnight air courier guaranteeing next day delivery or by electronic means to its address shown on the register kept by the Registrar. Any notice or communication shall will also be so mailed sent to any Person described in TIA § 313(c), to the extent required by the TIA. Failure to mail send a notice or communication to a Holder or any defect in it shall will not affect its sufficiency with respect to other Holders. If a notice or communication is mailed sent in the manner provided above within the time prescribed, it is duly given, whether or not the addressee receives it. If the Company or a Guarantor mails Issuer sends a notice or communication to Holders, it shall will mail a copy to the Trustee and each Agent at the same time.

Appears in 2 contracts

Sources: Indenture (AbitibiBowater Inc.), Indenture (AbitibiBowater Inc.)

Notices. Any notice or communication by the Company, any Guarantor or the Trustee to the others is duly given if in writing in the English language and delivered in Person or mailed by first class mail (registered or certified, return receipt requested), telexelectronic image scan, telecopier facsimile transmission or overnight air courier guaranteeing next day delivery, to the others’ address: If to any of the Company and/or any Guarantorand the Guarantors: FiberTower Corporation ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇Colgate Energy Partners III, Suite 4800 San Francisco, CA 94107 Fax: ▇▇▇-▇▇▇-▇▇▇▇ Attention: Chief Financial Officer With a copy (which shall not constitute notice) to: ▇▇▇▇▇▇▇ ▇▇▇▇▇ LLP ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, Suite 4200 Houston, TX 77002 Fax: ▇▇▇-▇▇▇-▇▇▇▇ Attention: W. ▇▇▇▇ ▇▇▇▇▇, Esq. If to the Trustee and/or Collateral Agent: ▇▇▇▇▇ Fargo Bank, National Association Corporate Trust Services ▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, 2nd Floor Dallas, TX ▇▇▇▇▇-▇▇▇▇ Fax: ▇▇▇-▇▇▇-▇▇▇▇ Attention: ▇▇▇▇LLC ▇▇▇ ▇. ▇▇▇▇▇▇▇▇▇Street, Suite 1000 Midland, Texas 79701 Facsimile No.: (▇▇▇) ▇▇▇-▇▇▇▇ Attention: General Counsel If to the Trustee: ▇▇▇▇▇ Fargo Bank, National Association CTSO Mail Operations ▇▇▇ ▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇▇, ▇▇▇ Floor MAC N9300-070 Minneapolis, MN 55415 Attention: Corporate Trust Services – Colgate Energy Partners III, LLC Administrator The Company, any Guarantor or the Trustee, by notice to the others others, may designate additional or different addresses for subsequent notices or communications. Notices given by publication will be deemed given on the first date on which publication is made. All notices and communications (other than those sent to Holders) shall the Company or a Guarantor will be deemed to have been duly given: at the time delivered by hand, if personally delivered; five (5) Business Days after being deposited in the mail, postage prepaid, if mailed; when answered back, if telexed; when receipt acknowledged, if telecopiedtransmitted by electronic image scan or facsimile; and the next Business Day after timely delivery to the courier, if sent by overnight air courier guaranteeing next day delivery. Any notice or communication to the Trustee shall be deemed delivered upon receipt by a Responsible Officer of the Trustee. Any notice or communication to a Holder shall will be mailed by first class mail, certified or registered, return receipt requested, or by overnight air courier guaranteeing next day delivery to its address shown on the register kept by the Registrar. Any notice or communication shall also be so mailed to any Person described in TIA § 313(c), except that all notices and communications to the extent required by Depositary as a Holder shall be given in the TIAmanner it prescribes, notwithstanding anything to the contrary indication herein. Failure to mail send a notice or communication to a Holder or any defect in it shall will not affect its sufficiency with respect to other Holders. If a notice or communication is mailed given in the manner provided above within the time prescribed, it is duly given, whether or not the addressee receives it. If the Company or a Guarantor mails sends a notice or communication to Holders, it shall mail will send a copy to the Trustee and each Agent at the same 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 by mail, then such notification as shall be made with the approval of the Trustee shall constitute a sufficient notification for every 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 the 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.

Appears in 2 contracts

Sources: Indenture (Permian Resources Corp), Indenture (Permian Resources Corp)

Notices. Any notice or communication by the Company, any Guarantor or the Trustee to the others is duly given if in writing and delivered in Person person or mailed by first first-class mail (registered or certified, return receipt requested), telexelectronic mail, telecopier facsimile or overnight air courier guaranteeing next day delivery, to the others’ other's address: If to the Company and/or or any Guarantor: FiberTower Corporation Petroleum Geo-Services ASA ▇▇▇▇▇▇▇▇▇▇▇ ▇ ▇-▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ Attention: General Counsel and Chief Financial Officer Facsimile: (▇▇▇) ▇▇ ▇▇ ▇▇ ▇▇ ▇▇ with a copy to: Petroleum Geo-Services ASA ▇▇▇ ▇▇▇▇▇▇▇ ▇ ▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇ Attention: Treasurer Facsimile: (▇▇▇) ▇▇▇ ▇▇▇▇ If to the Trustee: Law Debenture Trust Company of New York ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇, Suite 4800 San Francisco, CA 94107 Fax: ▇▇▇-▇▇▇-▇▇▇▇ Attention: Chief Financial Officer With a copy (which shall not constitute notice) to: ▇▇▇▇▇▇▇ ▇▇▇▇▇ LLP ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, Suite 4200 Houston, TX 77002 Fax: ▇▇▇-▇▇▇-▇▇▇▇ Attention: W. ▇▇▇▇ ▇▇▇▇▇, Esq. If to the Trustee and/or Collateral Agent: ▇▇▇▇▇ Fargo Bank, National Association Corporate Trust Services ▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, 2nd Floor Dallas, TX ▇▇▇▇▇-▇▇▇▇ Fax: ▇▇▇-▇▇▇-▇▇▇▇ Attention: ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇, Esq. Facsimile: (▇▇▇) ▇▇▇ ▇▇▇▇ The Company, any Guarantor or the Trustee, Trustee by notice to the others may designate additional or different addresses for subsequent notices or communications. All notices and communications (other than those sent to Holders) shall be deemed to have been duly given: at the time delivered by hand, if personally delivered; five (5) Business Days after being deposited in the mail, postage prepaid, if mailed; when answered back, if telexed; when receipt acknowledged, if telecopiedby facsimile; and the next Business Day after timely delivery to the courier, if sent by overnight air courier guaranteeing next day delivery. Any notice or communication to a Holder shall be mailed by first first-class mail, certified or registeredpostage prepaid, return receipt requested, or by overnight air courier guaranteeing next day delivery to its the Holder's address shown on the register kept by the Registrar. Any notice or communication shall also be so mailed to any Person described in TIA § 313(c), to the extent required by the TIA. Failure to mail a notice or communication to a Holder or any defect in it shall not affect its sufficiency with respect to other Holders. If a notice or communication is mailed in the manner provided above within the time prescribed, it is duly given, whether or not the addressee receives it, except in the case of notice to the Trustee, it is duly given only when received. If the Company or a Guarantor mails a notice or communication to Holders, it shall mail a copy to the others and to the Trustee and each Agent at the same time. All notices or communications, including without limitation notices to the Trustee, the Company or a Guarantor by Holders, shall be in writing, except as otherwise set forth herein. In case by reason of the suspension of regular mail service, or by reason of any other cause, it shall be impossible to mail any notice required by this Indenture, then such method of notification as shall be made with the approval of the Trustee shall constitute a sufficient mailing of such notice.

Appears in 2 contracts

Sources: Indenture (Petroleum Geo Services Asa), Indenture (Petroleum Geo Services Asa)

Notices. Any notice or communication by the Companyan Issuer, any Guarantor or the Trustee to the others is duly given if in writing (in the English language) and delivered in Person person or mailed by first class mail (registered or certified, return receipt requested), telex, or sent by telecopier or overnight air courier guaranteeing next day delivery, to the others’ address: If to any of the Company and/or any GuarantorIssuers or the Guarantors: FiberTower Corporation Legacy Reserves LP ▇▇▇ ▇. ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇, Suite 4800 San Francisco, CA 94107 Fax: ▇▇▇-▇-▇▇▇▇ Attention: Chief Financial Officer With Telecopier No.: ▇▇▇- ▇▇▇-▇▇▇▇ with a copy (which shall not constitute constituting notice) to: ▇▇▇▇▇▇▇ ▇▇▇▇▇ LLP ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, Suite 4200 Houston, TX Texas 77002 Fax: ▇▇▇-▇▇▇-▇▇▇▇ Attention: W. ▇▇▇▇ ▇▇▇▇▇, Esq. If to the Trustee and/or Collateral Agent: ▇▇▇▇▇ Fargo Bank, National Association Corporate Trust Services ▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, 2nd Floor Dallas, TX ▇▇▇▇▇-▇▇▇▇ Fax: ▇▇▇-▇▇▇-▇▇▇▇ Attention: ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇ The CompanyTelecopier No.: ▇▇▇-▇▇▇-▇▇▇▇ If to the Trustee: ▇▇▇▇▇ Fargo Bank, National Association Corporate, Municipal and Escrow Services ▇▇▇ ▇. ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇, Suite 1750 Dallas, Texas 75201 Telecopier No.: ▇▇▇-▇▇▇-▇▇▇▇ An Issuer, any Guarantor of the Guarantors or the Trustee, by notice to the others others, may designate additional or different addresses for subsequent notices or communications. All notices and communications (other than those sent to Holders) shall be deemed to have been duly given: at the time delivered by hand, if personally delivered; five (5) Business Days after being deposited in the U.S. mail, postage prepaid, if mailed; when answered back, if telexed; when receipt is acknowledged, if telecopied; and the next Business Day after timely delivery to the courier, if sent by overnight air courier guaranteeing next day deliverydelivery in each case to the address shown above. Any notice or communication to a Holder shall be (i) mailed by first class mail, certified or registered, return receipt requested, or by overnight air courier guaranteeing next day delivery to its address shown on the register kept by the Registrar, (ii) sent by overnight air courier guaranteeing next day delivery to such address or (iii) if the Holder is the Depository, sent by such other means as the Depository may specify. Any notice or communication shall also be so mailed sent in the same manner to any Person described in TIA § 313(c), to the extent required by the TIA. Failure to mail send a notice or communication to a Holder or any defect in it shall not affect its sufficiency with respect to other Holders. If a notice or communication is mailed sent in the manner provided above within the time prescribed, it is duly given, whether or not the addressee receives it. If either of the Company or a Guarantor mails Issuers sends a notice or communication to Holders, it shall mail send a copy to the Trustee and each Agent at the same time.

Appears in 2 contracts

Sources: Indenture (Legacy Reserves Inc.), Indenture (Legacy Reserves Lp)

Notices. Any notice or communication by the Company, any Guarantor Company or the Trustee to the others other is duly given if in writing and delivered in Person person or mailed by first first-class mail (registered or certified, return receipt requested), telex, telecopier or overnight air courier guaranteeing next day delivery, to the others’ other's address: If to the Company and/or any GuarantorCompany: FiberTower Computer Sciences Corporation ▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇, Suite 4800 San Francisco, CA 94107 Fax: ▇▇▇-▇▇▇-▇, ▇▇▇▇ Attention: Chief Financial Officer With a copy (which shall not constitute notice) to: ▇▇▇▇▇▇▇ ▇▇▇▇▇ LLP ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, Suite 4200 Houston, TX 77002 Fax: ▇▇▇-▇▇▇-▇▇▇▇ Attention: W. ▇▇▇▇ ▇▇▇▇▇, Esq. If to the Trustee and/or Collateral Agent: ▇▇▇▇▇ Fargo Bank, National Association Corporate Trust Services ▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, 2nd Floor Dallas, TX ▇▇▇▇▇-▇▇▇▇ Fax: ▇▇▇-▇▇▇-▇▇▇▇ Attention: ▇▇▇▇▇▇▇ ▇. ▇▇▇▇ Telephone No: (▇▇▇) ▇▇▇-▇▇▇▇ Fax No. (▇▇▇) ▇▇▇-▇▇▇▇ With a copy to: ▇▇▇▇▇▇, ▇▇▇▇ & ▇▇▇▇▇▇▇▇ LLP ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇-▇▇▇▇ Attention: ▇▇▇▇▇ ▇. ▇▇▇▇ Telephone No: (▇▇▇) ▇▇▇-▇▇▇▇ Fax No: (▇▇▇) ▇▇▇-▇▇▇▇ If to the Trustee: _______________ The Company, any Guarantor Company or the Trustee, Trustee by notice to the others other may designate additional or different addresses for subsequent notices or communications. All notices and communications (other than those sent to HoldersSecurityholders) shall be deemed to have been duly given: at the time delivered by hand, if personally delivered; five (5) Business Days after being deposited in the mail, postage prepaid, if mailed; when answered back, if telexed; when receipt acknowledged, if telecopied; and the next Business Day after timely delivery to the courier, if sent by overnight air courier guaranteeing next day delivery. Any notice or communication to a Holder Securityholder shall be mailed by first first-class mail, certified or registered, return receipt requested, or by overnight air courier guaranteeing next day delivery to its his address shown on the register kept by the Registrar. Any notice or communication shall also be so mailed to any Person described in TIA § 313(c), to the extent required by the TIASecurity Register. Failure to mail a notice or communication to a Holder Securityholder or any defect in it shall not affect its sufficiency with respect to other HoldersSecurityholders. In the event of suspension of regular mail service or by reason of any other cause it shall be impracticable to give notice by mail, then such notification as shall be given with the approval of the Trustee shall constitute sufficient notice for every purpose hereunder. If a notice or communication is mailed in the manner provided above within the time prescribed, it is conclusively presumed duly given, whether or not the addressee receives it. If the Company or a Guarantor mails a notice or communication to Holders, it shall mail a copy to the Trustee and each Agent at the same time.

Appears in 2 contracts

Sources: Indenture (Computer Sciences Corp), Indenture (Computer Sciences Corp)

Notices. Notices given by publication shall be deemed given on the first date on which publication is made, notices given by first-class mail, postage prepaid, shall be deemed given five calendar days after mailing and notices given by overnight courier guaranteeing next day delivery shall be deemed given the next Business Day after timely delivery to the courier. Any notice or communication by the Company, any Guarantor or the Trustee to the others is duly given if shall be in writing and delivered in Person or person, by facsimile (with respect to the Trustee only), mailed by first first-class mail (registered or certified, return receipt requested), telex, telecopier or overnight air courier guaranteeing next day delivery, to the others’ addressaddressed as follows: If if to the Company and/or or to any Guarantor: FiberTower Corporation Fidelity & Guaranty Life Holdings, Inc. ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇, Suite 4800 San Francisco, CA 94107 Fax: ▇▇▇-▇▇▇-▇▇▇▇ Attention: Chief Financial Officer With a copy (which shall not constitute notice) to: ▇▇▇▇▇▇▇ ▇▇▇▇▇ LLP ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, Suite 4200 Houston, TX 77002 Fax: ▇▇▇-, ▇-▇▇▇▇ Attention: W. ▇▇▇▇ ▇▇▇▇▇, Esq. If General Counsel if to the Trustee and/or Collateral AgentTrustee: ▇▇▇▇▇ Fargo Bank, National Association Corporate Trust Services ▇ ▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇,▇▇▇▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇▇, 2nd Floor Dallas, TX ▇▇▇▇▇▇▇▇: (▇▇▇) ▇▇▇-▇▇▇▇ Fax: ▇▇▇-▇▇▇-▇▇▇▇ Attention: ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇ The Company, any Guarantor Company or the Trustee, Trustee by notice to the others other may designate additional or different addresses for subsequent notices or communications. All notices 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 communications (other than those sent to Holders) such waiver shall be deemed to have been duly given: at the time delivered by hand, if personally delivered; five (5) Business Days after being deposited in the mail, postage prepaid, if mailed; when answered back, if telexed; when receipt acknowledged, if telecopied; and the next Business Day after timely delivery to the courier, if sent by overnight air courier guaranteeing next day deliveryequivalent of such notice. Any notice or communication mailed to a Holder shall be mailed by first class mail, certified or registered, return receipt requested, or by overnight air courier guaranteeing next day delivery to its the Holder at the Holder’s address shown as it appears on the register kept by registration books of the Registrar. Any notice or communication Registrar and shall also be sufficiently given if so mailed to any Person described in TIA § 313(c), to within the extent required by the TIAtime prescribed. Failure to mail a notice or communication to a Holder or any defect in it shall not affect its sufficiency with respect to other Holders. If a notice or communication is mailed in the manner provided above within the time prescribedabove, it is duly given, whether or not the addressee receives it. The Trustee agrees to accept and act upon instructions or directions pursuant to this Indenture sent by unsecured e-mail, facsimile transmission or other similar unsecured electronic methods. If the Company party elects to give the Trustee e-mail or facsimile instructions (or instructions by a Guarantor mails similar electronic method) and the Trustee in its discretion elects to act upon such instructions, the Trustee’s understanding of such instructions shall be deemed controlling. The Trustee shall be liable for any losses, costs or expenses arising directly or indirectly from the Trustee’s reliance upon and compliance with such instructions notwithstanding such instructions conflict or are inconsistent with a notice or communication subsequent written instruction. The party providing electronic instructions agrees to Holders, it shall mail a copy assume all risks arising out of the use of such electronic methods to submit instructions and directions to the Trustee, including without limitation the risk of the Trustee acting on unauthorized instructions, and each Agent at the same timerisk or interception and misuse by third parties. Notwithstanding any other provision of this Indenture or any Note, where this Indenture or any Note provides for notice of any event (including any notice of redemption) to any Holder of an interest in a Global Note (whether by mail or otherwise), such notice shall be sufficiently given if given to DTC or any other applicable Depositary for such Note (or its designee) according to the applicable procedures of DTC or such Depositary.

Appears in 2 contracts

Sources: Indenture (F&G Annuities & Life, Inc.), Indenture (FGL Holdings)

Notices. Any notice or communication by the Company, any Guarantor or the Trustee to the others is duly given if in writing in the English language and delivered in Person or mailed by first class mail (registered or certified, return receipt requested), telexelectronic image scan, telecopier facsimile transmission or overnight air courier guaranteeing next day delivery, to the others’ address: If to the Company and/or any Guarantorand the Guarantors: FiberTower Corporation ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇Civitas Resources, Suite 4800 San Francisco, CA 94107 Fax: ▇▇▇-▇▇▇-▇▇▇▇ Attention: Chief Financial Officer With a copy (which shall not constitute notice) to: ▇▇▇▇▇▇▇ ▇▇▇▇▇ LLP ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, Suite 4200 Houston, TX 77002 Fax: ▇▇▇-▇▇▇-▇▇▇▇ Attention: W. ▇▇▇▇ ▇▇▇▇▇, Esq. If to the Trustee and/or Collateral Agent: ▇▇▇▇▇ Fargo Bank, National Association Corporate Trust Services ▇▇Inc. 5▇▇ ▇▇▇▇ ▇▇▇▇▇▇, 2nd Floor Dallas▇▇▇▇▇ ▇▇▇▇ Denver, TX Colorado 80202 Attention: Chief Legal Officer and Secretary with a copy to (which shall not constitute notice): K▇▇▇▇▇-▇▇ & E▇▇▇▇ Fax: LLP 6▇▇-▇▇▇-▇▇▇▇ ▇▇▇▇▇▇ Houston, Texas 77002 Attention: ▇▇J▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇, P.C. and B▇▇▇▇. ▇▇▇▇▇▇▇▇ If to the Trustee: Computershare Trust Company, N.A. 1▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇ St. P▇▇▇, Minnesota 55108 Attention: CCT Administrator for Civitas Resources, Inc. The Company, any Guarantor or the Trustee, by notice to the others others, may designate additional or different addresses for subsequent notices or communications. Notices given by publication will be deemed given on the first date on which publication is made. All notices and communications (other than those sent to Holders) shall will be deemed to have been duly given: at the time delivered by hand, if personally delivered; five (5) Business Days after being deposited in the mail, postage prepaid, if mailed; when answered back, if telexed; when receipt acknowledged, if telecopiedtransmitted by electronic image scan or facsimile; and the next Business Day after timely delivery to the courier, if sent by overnight air courier guaranteeing next day delivery. Any notice or communication to the Trustee shall be deemed delivered upon receipt. Any notice or communication to a Holder shall will be mailed by first class mail, certified or registered, return receipt requested, or by overnight air courier guaranteeing next day delivery to its address shown on the register kept by the Registrar. Any notice or communication shall also be so mailed to any Person described in TIA § 313(c), except that all notices and communications to the extent required by Depositary as a Holder shall be given in the TIAmanner it prescribes, notwithstanding anything to the contrary indication herein. Failure to mail send a notice or communication to a Holder or any defect in it shall will not affect its sufficiency with respect to other Holders. If a notice or communication is mailed given in the manner provided above within the time prescribed, it is duly given, whether or not the addressee receives it, except that notices to the Trustee shall be effective only upon receipt. If the Company or a Guarantor mails sends a notice or communication to Holders, it shall mail will send a copy to the Trustee and each Agent at the same 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 by mail, then such notification as shall be made with the approval of the Trustee shall constitute a sufficient notification for every 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 the 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.

Appears in 2 contracts

Sources: Indenture (Civitas Resources, Inc.), Indenture (Civitas Resources, Inc.)

Notices. Any notice or communication by the CompanyIssuers, any Guarantor or the Trustee to the others is duly given if in writing and delivered in Person person or mailed by first first-class mail (registered or certified, return receipt requested), telex, telecopier fax or overnight air courier guaranteeing next day delivery, to the others’ address: If to the Company Issuers and/or any Guarantor: FiberTower CDW Corporation ▇▇▇ ▇. ▇▇▇▇ ▇▇▇▇▇▇, Suite 4800 San Francisco, CA 94107 Fax: ▇▇▇-▇▇▇-▇▇▇▇ Attention: Chief Financial Officer With a copy (which shall not constitute notice) to: ▇▇▇▇▇▇▇ ▇▇▇▇▇ LLP ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇Vernon Hills, Suite 4200 Houston, TX 77002 FaxIllinois 60061 Attention: ▇▇▇-▇▇▇-▇▇▇▇ Attention: W. ▇▇▇▇ ▇▇▇▇▇, Esq. If to the Trustee and/or Collateral Agent: ▇▇▇▇▇ Fargo Bank, National Association Corporate Trust Services ▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, 2nd Floor Dallas, TX ▇▇▇▇▇-▇▇▇▇ Fax: ▇▇▇-▇▇▇-▇▇▇▇ Attention: ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇ Phone: (▇▇▇) ▇▇▇-▇▇▇▇ Facsimile: (▇▇▇) ▇▇▇-▇▇▇▇ With a copy to: ▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ New York, New York 10019 Facsimile: (▇▇▇) ▇▇▇-▇▇▇▇ Attention: ▇▇▇▇▇▇ ▇. ▇▇▇▇ If to the Trustee: U.S. Bank Trust Company, National Association ▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇ ▇ Saint ▇▇▇▇, Minnesota 55107 Facsimile: (▇▇▇) ▇▇▇-▇▇▇▇ Attention: ▇▇▇▇▇▇ ▇. ▇▇▇▇ The CompanyIssuers, any Guarantor or the Trustee, by notice to the others others, may designate additional or different addresses for subsequent notices or communications. All notices and communications (other than those sent to Holders) shall be deemed to have been duly given: at the time delivered by hand, if personally delivered; five (5) Business Days calendar days after being deposited in the mail, postage prepaid, if mailed; when answered back, if telexedmailed by first-class mail; when receipt acknowledged, if telecopiedfaxed; and the next Business Day after timely delivery to the courier, if sent by overnight air courier guaranteeing next day delivery; provided that any notice or communication delivered to the Trustee shall be deemed effective upon actual receipt thereof. Notices given by publication shall be deemed given on the first date on which publication is made. Any notice or communication to a Holder shall be mailed by first first-class mail, certified or registered, return receipt requested, or by overnight air courier guaranteeing next day delivery to its address shown on the register Security Register kept by the Registrar. Any notice or communication shall also be so mailed delivered to any Person described in TIA § Trust Indenture Act Section 313(c), to the extent required by the TIATrust Indenture Act. Failure to mail a notice or communication to a Holder or any defect in it shall not affect its sufficiency with respect to other Holders. If a notice or communication is mailed delivered in the manner provided above within the time prescribed, it is duly given, whether or not the addressee receives it. If the Company or a Guarantor mails Issuers mail a notice or communication to Holders, it they shall mail a copy to the Trustee and each Agent at the same time.

Appears in 2 contracts

Sources: Eighteenth Supplemental Indenture (CDW Corp), Supplemental Indenture (CDW Corp)

Notices. Any notice notice, demand, instruction, request, direction or communication by the CompanyIssuer, any Guarantor or the Trustee to the others is duly given if in English and in writing and delivered in Person or mailed by first class mail (registered or certified, return receipt requested), telex, telecopier facsimile transmission or other electronic transmission or overnight air courier guaranteeing next day delivery, to the others’ address: If to the Company Issuer and/or any Guarantor: FiberTower Corporation Sensata Technologies, Inc. ▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, Suite 4800 San Francisco, CA 94107 Fax: ▇▇▇-, ▇▇▇▇▇▇▇▇▇▇▇▇▇ Facsimile No.: (▇▇▇) ▇▇▇-▇▇▇▇ Attention: Chief Financial Officer With a copy (which shall not constitute notice) to: ▇▇▇▇▇▇▇ ▇▇▇▇ LLP Seaport West ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, Suite 4200 Houston, TX 77002 Fax: ▇▇▇-▇▇▇-▇▇▇▇ Attention: W. ▇▇▇▇ ▇▇▇▇▇Boston, Esq. If to the Trustee and/or Collateral Agent: ▇▇▇▇▇ Fargo Bank, National Association Corporate Trust Services ▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, 2nd Floor Dallas, TX ▇▇▇▇▇MA US 02210-▇▇▇▇ Fax: ▇▇▇-▇▇▇-▇▇▇▇ 2600 Attention: ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇If to the Trustee: The CompanyBank of New York Mellon Corporate Trust Division ▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇▇ ▇▇▇▇ ▇▇▇ ▇▇▇▇, ▇▇ ▇▇▇▇▇ Facsimile No.: (▇▇▇) ▇▇▇-▇▇▇▇ Attention: Corporate Trust Division The Issuer, any Guarantor or the Trustee, by notice to the others others, may designate additional or different addresses for subsequent notices or communications. All notices and communications to the Trustee or any Agent shall be deemed to have been duly given upon actual receipt thereof by such party. All other notices and communications (other than those sent to Holders) shall will be deemed to have been duly given: at the time delivered by hand, if personally delivered; five (5) Business Days after being deposited in the mail, postage prepaid, if mailed; when answered back, if telexed; when receipt acknowledged, if telecopiedtransmitted by facsimile; and 82 the next Business Day after timely delivery to the courier, if sent by overnight air courier guaranteeing next day delivery. Any notice or communication to a Holder shall of a Global Note will be delivered to the Depositary in accordance with its customary procedures. Any notice or communication to a Holder of a Definitive Note will be mailed by first class mail, certified or registered, return receipt requested, or by overnight air courier guaranteeing next day delivery to its address shown on the register kept by the Registrar. Any notice or communication shall also be so mailed to any Person described in TIA § 313(c), to the extent required by the TIA. Failure to mail give a notice or communication to a Holder or any defect in it shall will not affect its sufficiency with respect to other Holders. If Except with respect to the Trustee and the Agents, if a notice or communication is mailed given in the manner provided above within the time prescribed, it is duly given, whether or not the addressee receives it. In respect of this Indenture, the Trustee shall not have any duty or obligation to verify or confirm that the Person sending instructions, directions, reports, notices or other communications or information by electronic transmission is, in fact, a Person authorized to give such instructions, directions, reports, notices or other communications or information on behalf of the party purporting to send such electronic transmission; and the Trustee shall not have any liability for any losses, liabilities, costs or expenses incurred or sustained by any party as a result of such reliance upon or compliance with such instructions, directions, reports, notices or other communications or information. Each other party agrees to assume all risks arising out of the use of electronic methods, including any non-secure method, such as, but without limitation, by facsimile or electronic mail, to submit instructions, directions, reports, notices or other communications or information to the Trustee, including without limitation, the risk of the Trustee acting on unauthorized instructions, notices, reports or other communications or information, and the risk of interception and misuse by third parties. If the Company or a Guarantor mails Issuer gives a notice or communication to Holders, it shall mail will give a copy to the Trustee and each Agent at the same time.

Appears in 2 contracts

Sources: Indenture (Sensata Technologies Holding PLC), Indenture (Sensata Technologies Holding PLC)

Notices. Any notice or communication (a) All notices and other communications by the Company, any Subsidiary Guarantor or the Trustee to the others is other parties hereto shall be duly given if in writing in the English language and delivered in Person person or mailed by first class mail (registered or certified, return receipt requested), telex, telecopier facsimile transmission or overnight air courier guaranteeing next day delivery, to the others’ addresstheir respective addresses set forth below: If to the Company and/or or any Guarantor: FiberTower Corporation ▇▇▇▇▇▇▇▇ Resources, Inc. ▇▇▇▇ ▇▇▇▇▇▇, Suite 4800 San Francisco, CA 94107 Fax: ▇▇▇-▇▇▇-▇▇▇▇ Attention: Chief Financial Officer With a copy (which shall not constitute notice) to: ▇▇▇▇▇▇▇ ▇▇▇▇., ▇▇▇▇LLP ▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇ Attention: ▇▇▇▇▇▇ ▇. ▇▇▇▇▇ Facsimile: 972.668.8812 If to the Trustee: American Stock Transfer & Trust Company, LLC ▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, Suite 4200 Houston, TX 77002 Fax: ▇▇▇-▇▇▇-▇, ▇▇▇ Attention: W. ▇▇▇▇ ▇▇▇▇▇, Esq. If to the Trustee and/or Collateral Agent▇ Attention: ▇▇▇▇▇ Fargo Bank, National Association Corporate Trust Services ▇▇Department Facsimile: 718.331.1852 with a copy to: American Stock Transfer & Trust Company, LLC ▇▇ ▇▇▇▇ ▇▇▇▇▇▇, 2nd Floor Dallas, TX ▇▇▇▇ ▇▇▇▇-▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ Fax: ▇▇-▇▇▇-▇▇▇▇ Attention: ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇ The Company, any Guarantor or the Trustee, by notice to the others may designate additional or different addresses for subsequent notices or communications. Legal Department Facsimile: (b) All notices and communications (other than those sent to Holders) shall be deemed to have been duly given: given (1) at the time delivered by hand, if personally delivered; five , (52) 5 Business Days after being deposited in the mail, postage prepaid, if mailed; when answered back, if telexed; (3) when receipt is acknowledged, if telecopied; transmitted by facsimile, and (4) the next Business Day after timely delivery to the courier, if sent by overnight air courier guaranteeing next day delivery. , in each case to the address shown above or to such other address or addresses as the Company, any Subsidiary Guarantor or the Trustee, by written notice to the other parties hereto, may designate from time to time. (c) Any notice or communication to a Holder shall be mailed by first class mail, certified or registered, return receipt requested, or by overnight air courier guaranteeing next day delivery to its address shown on the register Register kept by the Registrar. Any notice or communication All notices and communications to a Holder shall also be so mailed deemed to any Person described have been duly given (1) 5 Business Days after being deposited in TIA § 313(c)the mail, postage prepaid, if mailed, and (2) the next Business Day after timely delivery to the extent required courier, if sent by overnight air courier guaranteeing next day delivery, in each case to the address of the Holder shown on the Register kept by the TIARegistrar. Failure to mail a notice or communication to a Holder or any defect in it shall not affect its sufficiency with respect to other Holders. . (d) If a notice or communication is mailed in the manner provided above within the time prescribed, it is duly given, whether or not the addressee receives it. . (e) If either the Company or a any Subsidiary Guarantor mails a notice or communication to Holdersany Holder, it shall mail a copy to the Trustee and each Agent at the same time. (f) 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 any Holder 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. (g) Notwithstanding anything to the contrary contained herein, as long as the Notes are in the form of a Global Note, notice to the Holders thereof may be made electronically in accordance with the applicable procedures of the Depositary. (h) The Trustee shall accept electronic transmissions; provided that (1) the Trustee shall not have any duty or obligation to verify or confirm that the Person sending instructions, directions, reports, notices or other communications or information by electronic transmission is, in fact, a Person authorized to give such instructions, directions, reports, notices or other communications or information on behalf of the party purporting to send such electronic transmission; and the Trustee shall not have any liability for any losses, liabilities, costs or expenses incurred or sustained by any party as a result of such reliance upon or compliance with such instructions, directions, reports, notices or other communications or information and (2) each other party agrees to assume all risks arising out of the use of electronic methods to submit instructions, directions, reports, notices or other communications or information to the Trustee, including without limitation the risk of the Trustee acting on unauthorized instructions, notices, reports or other communications or information, and the risk of interception and misuse by third parties.

Appears in 2 contracts

Sources: Indenture (Comstock Oil & Gas, LP), Indenture (Comstock Oil & Gas, LP)

Notices. Any notice or communication by the CompanyIssuer, any Guarantor or the Trustee to the others is duly given if in writing and delivered in Person or mailed by first class mail (registered or certified, return receipt requested), telex, telecopier electronic mail or overnight air courier guaranteeing next day delivery, to the others’ address: If to the Company Issuer and/or any Guarantor: FiberTower Corporation Venture Global LNG, Inc. ▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇, , Suite 4800 San Francisco, CA 94107 Fax: ▇▇▇-▇▇▇-▇▇▇▇ ▇▇▇▇ Arlington, VA 22209 E-mail: [***] Attention: Chief Financial Officer and General Counsel With a copy (which shall not constitute notice) to: ▇▇▇▇▇ ▇▇▇▇ & ▇▇▇▇▇▇▇▇ LLP ▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇LLP New York, NY 10017 E-mail: [***] Attention: [***] If to the Trustee: The Bank of New York Mellon Trust Company, N.A. ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, Suite 4200 16th floor Houston, TX 77002 FaxE-mail: ▇▇▇-▇▇▇-▇▇▇▇ [***] Attention: W. ▇▇▇▇ ▇▇▇▇▇, Esq. If to the Trustee and/or Collateral Agent: ▇▇▇▇▇ Fargo Bank, National Association Corporate Trust Services ▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, 2nd Floor Dallas, TX ▇▇▇▇▇-▇▇▇▇ Fax: ▇▇▇-▇▇▇-▇▇▇▇ Attention: ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇ Administration The CompanyIssuer, any Guarantor or the Trustee, by notice to the others others, may designate additional or different addresses for subsequent notices or communications. All notices and communications (other than those sent to Holders) shall will be deemed to have been duly given: at the time delivered by hand, if personally delivered; five (5) Business Days after being deposited in the mail, postage prepaid, if mailed; when answered back, if telexed; when receipt acknowledged, if telecopiedtransmitted by electronic mail; and the next Business Day after timely delivery to the courier, if sent by overnight air courier guaranteeing next day delivery; provided that all notices and communications to the Trustee shall not be deemed received by the Trustee unless actually received by the Trustee at its address or electronic mail address set forth above. Any notice or communication to a Holder shall will be mailed by first class mail, or by certified or registeredregistered mail, return receipt requested, or by overnight air courier guaranteeing next day delivery to its address shown on the register kept by the Registrar. Any notice or communication shall also be so mailed to any Person described in TIA § 313(c), to the extent required by the TIA. Failure to mail a notice or communication to a Holder or any defect in it shall will not affect its sufficiency with respect to other Holders. If a notice or communication is mailed in the manner provided above within the time prescribed, it is duly given, whether or not the addressee receives it. If the Company or a Guarantor Issuer mails a notice or communication to Holders, it shall mail will send a copy to the Trustee and each Agent at the same timetime by any of the means described above with respect to notice or communication by the Issuer.

Appears in 2 contracts

Sources: Indenture (Venture Global, Inc.), Indenture (Venture Global, Inc.)

Notices. Any notice or communication by the Company, any Guarantor Company or the Trustee to the others is duly given if in writing and delivered in Person or mailed by first first-class mail (registered or certified, return receipt requested), telex, telecopier or overnight air courier guaranteeing next day delivery, to the others’ address' addresses: If to the Company and/or any GuarantorCompany: FiberTower Corporation ▇▇Atlantic Express Transportation Corp. ▇ ▇▇▇▇▇ ▇▇▇▇▇▇, Suite 4800 San Francisco, CA 94107 Fax: ▇▇▇-▇▇▇-▇▇▇▇ Attention: Chief Financial Officer With a copy (which shall not constitute notice) to: ▇▇▇▇▇▇▇ ▇▇▇▇▇ LLP ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, Suite 4200 Houston, TX 77002 Fax: ▇▇▇-▇▇▇-▇▇▇▇ Attention: W. ▇▇▇▇ ▇▇▇▇▇, Esq. If to the Trustee and/or Collateral Agent: ▇▇▇▇▇ Fargo Bank, National Association Corporate Trust Services ▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇ Attention: Chief Executive Officer Telecopier No.: (▇▇, 2nd Floor Dallas, TX ) ▇▇▇-▇▇▇▇ FaxIf to the Trustee: The Bank of New York ▇▇▇ ▇▇▇-▇▇▇▇ ▇▇▇▇▇▇ -- 21W New York, New York 10286 Attention: Corporate Trust Administration Telecopier No.: (▇▇▇) ▇▇▇-▇▇▇▇ Attention: ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇ The Company, any Guarantor Company or the Trustee, Trustee by notice to the others may designate additional or different addresses for subsequent notices or communications. All notices and communications (other than those sent to Holders) shall be deemed to have been duly given: at the time delivered by hand, if personally delivered; five (5) Business Days after being upon receipt, if deposited in the mail, postage prepaid, if mailed; when answered back, if telexed; when receipt acknowledged, if telecopied; and the next Business Day after timely delivery to the courier, if sent by overnight air courier guaranteeing next day delivery. All notices and communications to the Trustee shall be deemed to have been duly given only if actually received by the Trustee. Any notice or communication to a Holder shall be mailed by first first-class mail, certified or registered, return receipt requested, or by overnight air courier guaranteeing next day delivery to its his address shown on the register kept by the Registrar. Any notice or communication shall also be so mailed to any Person described in TIA § 313(c), to the extent required by the TIA. Failure to mail a notice or communication to a Holder or any defect in it shall not affect its sufficiency with respect to other Holders. If a notice or communication is mailed in the manner provided above within the time prescribed, it is duly given, whether or not the addressee receives it. If the Company or a Guarantor mails a notice or communication to Holders, it shall mail a copy to the Trustee and each Agent at the same time.

Appears in 2 contracts

Sources: Indenture (Atlantic Express Transportation Corp), Indenture (Atlantic Express Transportation Corp)

Notices. Any notice or communication by the CompanyIssuer, any Guarantor Guarantor, the First Lien Collateral Agent or the Trustee to the others is duly given if in writing and delivered in Person person or mailed by first first-class mail (registered or certified, return receipt requested), telex, telecopier fax or overnight air courier guaranteeing next day delivery, or, if acceptable to the Trustee, by email or other electronic means (provided that the Trustee shall at all times have the right to require confirmation in writing delivered by other means described in this sentence, and the Trustee shall have no liability for acting upon such email or other electronic communication notwithstanding any deviation in such subsequent confirmation),to the others’ address: If to the Company and/or Issuer and/ or any Guarantor: FiberTower Corporation HCA Inc. ▇▇▇ ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇, Suite 4800 San Francisco, CA 94107 Fax: ▇▇▇-, ▇▇▇-▇▇▇▇ Attention: Chief Financial Officer With a copy (which shall not constitute notice) to: ▇▇▇▇▇▇▇ ▇▇▇▇▇ LLP Fax No.: (▇▇▇) ▇▇▇-▇▇▇▇; Attention: General Counsel Fax No.: (▇▇▇) ▇▇▇-▇▇▇▇; Attention: Treasurer If to the Trustee: Delaware Trust Company ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇, Suite 4200 Houston, TX 77002 Fax: ▇▇▇-▇▇▇-▇▇▇▇ Attention: W. ▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇, Esq. If to the Trustee and/or Collateral Agent: ▇▇▇▇▇▇▇▇ Fargo Bank, National Association ▇▇▇▇▇ Attn: Corporate Trust Services ▇▇Administration If to the Registrar, Paying Agent or Transfer Agent: Deutsche Bank Trust Company Americas ▇▇ ▇▇▇▇ ▇▇▇▇▇▇, 2nd Floor Dallas, TX ▇▇▇▇ ▇▇▇▇▇ Mailstop NYC60-2407 ▇▇▇ ▇▇▇▇, ▇▇ ▇▇▇▇▇ Fax No.: (▇▇▇) ▇▇▇-▇▇▇▇ FaxAttn: ▇▇▇-▇▇▇-▇▇▇▇ Attention: ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇ Corporates Team Deal Manager—HCA Inc. The CompanyIssuer, any Guarantor or the First Lien Collateral Agent or the Trustee, by notice to the others others, may designate additional or different addresses for subsequent notices or communications. All notices and communications (other than those sent to Holders) shall be deemed to have been duly given: at the time delivered by hand, if personally delivered; five (5) Business Days calendar days after being deposited in the mail, postage prepaid, if mailed; when answered back, if telexedmailed by first-class mail; when receipt acknowledged, if telecopiedfaxed; and the next Business Day after timely delivery to the courier, if sent by overnight air courier guaranteeing next day delivery; provided that any notice or communication delivered to the Trustee shall be deemed effective upon actual receipt thereof. Any notice or communication to a Holder shall be mailed by first first-class mail, certified or registered, return receipt requested, or by overnight air courier guaranteeing next day delivery to its address shown on the register kept by the Registrar. Any notice or communication shall also be so mailed to any Person described in TIA § Trust Indenture Act Section 313(c), to the extent required by the TIATrust Indenture Act. Failure to mail a notice or communication to a Holder or any defect in it shall not affect its sufficiency with respect to other Holders. If a notice or communication is mailed in the manner provided above within the time prescribed, it is duly given, whether or not the addressee receives it. If the Company or a Guarantor Issuer mails a notice or communication to Holders, it shall mail a copy to the Trustee and each Agent at the same time.

Appears in 2 contracts

Sources: Supplemental Indenture (HCA Healthcare, Inc.), Supplemental Indenture (HCA Healthcare, Inc.)

Notices. Any notice or communication by the Company, any Guarantor Guarantor, the Trustee or the Trustee Collateral Agent to the others is duly given if in writing and delivered in Person person or mailed by first class mail (registered or certified, return receipt requested), telex, telecopier email or other facsimile transmission or overnight air courier guaranteeing promising next day delivery, to the others’ address: If to the Company and/or any Guarantor: FiberTower Corporation Alon Refining ▇▇▇▇▇ Springs, Inc. ▇▇▇▇ ▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ Attention: Secretary Facsimile No.: (▇▇▇) ▇▇▇-▇▇▇▇ with a copy to: ▇▇▇▇▇ Day ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ Dallas, Suite 4800 San Francisco, CA 94107 FaxTX 75201 Attention: ▇▇▇-▇ ▇. ▇▇▇▇▇▇ Facsimile No.: (▇▇▇) ▇▇▇-▇▇▇▇ AttentionIf to the Trustee and Collateral Agent: Chief Financial Officer With a copy (which shall not constitute notice) to: Wilmington Trust FSB ▇▇▇▇▇▇▇ ▇▇▇▇▇ LLP , ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, Suite 4200 Houston, TX 77002 Fax: ▇▇▇-▇▇▇-▇▇▇▇ Attention: W. ▇▇, ▇▇ ▇▇▇▇▇, Esq. If to the Trustee and/or Collateral Agent: ▇▇▇▇▇ Fargo Bank, National Association Corporate Trust Services ▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, 2nd Floor Dallas, TX ▇▇▇▇▇-▇▇▇▇ Fax: ▇▇▇-▇▇▇-▇▇▇▇ Attention: ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇, Vice President Facsimile No.: (▇▇▇) ▇▇▇-▇▇▇▇ The Company, any Guarantor Guarantor, the Trustee or the TrusteeCollateral Agent, by notice to the others others, may designate additional or different addresses for subsequent notices or communications. All notices and communications (other than those sent to Holders) shall will be deemed to have been duly given: at the time delivered by hand, if personally delivered; five (5) Business Days after being deposited in the mail, postage prepaid, if mailed; when answered back, if telexed; when receipt acknowledged, if telecopiedtransmitted by email or other facsimile transmission; and the next Business Day after timely delivery to the courier, if sent by overnight air courier guaranteeing promising next day delivery. Any notice or communication to a Holder shall will be mailed by first class mail, certified or registered, return receipt requested, mail or by overnight air courier guaranteeing promising next day delivery to its address shown on the register kept by the Registrar. Any notice or communication shall will also be so mailed to any Person described in TIA § 313(c), to the extent required by the TIA. Failure to mail a notice or communication to a Holder or any defect in it shall will not affect its sufficiency with respect to other Holders. If a notice or communication is mailed or sent in the manner provided above within the time prescribed, it is duly given, whether or not the addressee receives it. If the Company or a Guarantor mails a notice or communication to Holders, it shall will mail a copy to the Trustee and each Agent at the same time. Notwithstanding any other provision of this Indenture or any Note, where this Indenture or any Note provides for notice of any event (including any notice of redemption) to a Holder of a Global Note (whether by mail or otherwise), such notice shall be sufficiently given if given to the Depositary for such Note (or its designee) pursuant to the customary procedures of such Depositary.

Appears in 2 contracts

Sources: Indenture (Alon Refining Krotz Springs, Inc.), Indenture (Alon USA Energy, Inc.)

Notices. Any notice or communication by the CompanyIssuer, any Subsidiary Guarantor or the Trustee to the others is duly given if in writing and delivered in Person person or mailed by first first-class mail (registered or certified, return receipt requested), telex, telecopier facsimile or overnight air courier guaranteeing next day delivery, to the others’ other’s address: If to the Company and/or Issuer or any Subsidiary Guarantor: FiberTower Corporation EQT Midstream Services, LLC ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇, Suite 4800 San Francisco, CA 94107 Fax: ▇▇▇-▇▇▇-▇▇▇▇ Attention: Chief Financial Officer With a copy (which shall not constitute notice) to: ▇▇▇▇▇▇▇ ▇▇▇▇▇ LLP ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, Suite 4200 Houston, TX 77002 Fax: ▇▇-▇▇▇-▇▇▇▇ Attention: W. ▇▇▇▇ ▇▇▇▇▇, Esq. If to the Trustee and/or Collateral Agent: ▇▇▇▇▇ Fargo Bank, National Association Corporate Trust Services ▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, 2nd Floor Dallas, TX ▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇ Attn: General Counsel Telephone: (▇▇▇) ▇▇▇-▇▇▇▇ FaxFacsimile: (▇▇▇-) ▇▇▇-▇▇▇▇ AttentionIf to the Trustee: The Bank of New York Mellon Trust Company, N.A. ▇▇▇ ▇▇▇▇▇▇▇ ▇. ▇▇▇ Place, 38th Floor Pittsburgh, Pennsylvania 15259 Attn: Corporate Trust Administration Telephone: (▇▇▇) ▇▇-▇▇▇▇ Facsimile: (▇▇▇) ▇▇▇-▇▇▇▇ The CompanyIssuer, any Subsidiary Guarantor or the Trustee, Trustee by notice to the others may designate additional or different addresses for subsequent notices or communications. All notices and communications (other than those sent to Holders) shall be deemed to have been duly given: at the time delivered by hand, if personally delivered; five (5) Business Days after being deposited in the mail, postage prepaid, if mailed; when answered back, if telexed; when receipt acknowledged, if telecopiedby facsimile; and the next Business Day after timely delivery to the courier, if sent by overnight air courier guaranteeing next day delivery. The Trustee agrees to accept and act upon instructions or directions pursuant to this Indenture sent by unsecured e-mail, pdf, facsimile transmission or other similar unsecured electronic methods; provided, however, that the Issuer shall provide the Trustee a list of persons designated to give such instructions or directions, which list shall be amended and replaced whenever a person is to be added or deleted therefrom. If the Issuer elects to give the Trustee ▇- mail or facsimile instructions (or instructions by a similar electronic method) and the Trustee in its discretion elects to act upon such instructions, the Trustee’s understanding of such instructions shall be deemed controlling. The Trustee shall not be liable for any losses, costs or expenses arising directly or indirectly from the Trustee’s reliance upon and compliance with such instructions notwithstanding that such instructions conflict or are inconsistent with a subsequent written instruction. The Issuer agrees to assume all risks arising out of the use of such electronic methods to submit instructions and directions to the Trustee, including, without limitation, the risk of the Trustee acting on unauthorized instructions, and the risk of interception and misuse by third parties. Any notice or communication to a Holder of a Global Security shall be transmitted in accordance with the Depositary’s applicable procedures, and any notice or communication to any other Holder shall be mailed by first first-class mail, certified or registeredpostage prepaid, return receipt requested, or by overnight air courier guaranteeing next day delivery to its the Holder’s address shown on the register kept by the Registrar. Any notice or communication shall also be so mailed to any Person described in TIA § 313(c), to the extent required by the TIA. Failure to mail give a notice or communication to a Holder or any defect in it shall not affect its sufficiency with respect to other Holders. If a notice or communication is mailed given in the manner provided above within the time prescribed, it is duly given, whether or not the addressee receives it, except in the case of notice to the Trustee, it is duly given only when received. If the Company Issuer or a Subsidiary Guarantor mails transmits a notice or communication to Holders, it shall mail transmit a copy to the Issuer and the other Subsidiary Guarantors, as the case may be, and to the Trustee and each Agent at the same time. All notices or communications, including, without limitation, notices to the Trustee, the Issuer or a Subsidiary Guarantor by Holders, shall be in writing, except as otherwise set forth herein. In case by reason of the suspension of regular mail service, or by reason of any other cause, it shall be impossible to mail any notice required by this Indenture, then such method of notification as shall be made with the approval of the Trustee shall constitute a sufficient mailing of such notice.

Appears in 2 contracts

Sources: Indenture (EQT Corp), Indenture (EQT Midstream Partners, LP)

Notices. Any notice or communication by the Company, any Guarantor or the Trustee to the others is duly given if in writing and delivered in Person or mailed by first class mail (registered or certified, return receipt requested), telex, telecopier or overnight air courier guaranteeing next day delivery, to the others’ others address: If to the Company and/or any GuarantorCompany: FiberTower Corporation Guitar Center Holdings, Inc. ▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇ Facsimile: (▇▇▇) ▇▇▇-▇▇▇▇ Attention: General Counsel With a copy to: ▇▇▇▇▇▇▇▇ & ▇▇▇▇▇ LLP ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇, Suite 4800 San Francisco, CA 94107 Fax: ▇▇▇-▇▇▇-, ▇▇ Attention: Chief Financial Officer With a copy (which shall not constitute notice) to: ▇▇▇▇▇▇▇ ▇▇▇▇▇ LLP Facsimile: (▇▇▇) ▇▇▇-▇▇▇▇ Attention: ▇▇▇▇▇▇ ▇. ▇▇▇▇▇ If to the Trustee: The Bank of New York Mellon Trust Company, N.A. ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, Suite 4200 Houston, TX 77002 Fax: ▇▇▇-▇▇ ▇▇▇ ▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇ Fax: (▇▇▇) ▇▇▇-▇▇▇▇ Attention: W. ▇▇▇▇ ▇▇▇▇▇, Esq. If to the Trustee and/or Collateral Agent: ▇▇▇▇▇ Fargo Bank, National Association Corporate Trust Services ▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, 2nd Floor Dallas, TX ▇▇▇▇▇-▇▇▇▇ Fax: ▇▇▇-▇▇▇-▇▇▇▇ Attention: ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇ Unit The Company, any Guarantor Company or the Trustee, by notice to the others other, may designate additional or different addresses for subsequent notices or communications. All notices and communications (other than those sent to Holders) shall be deemed to have been duly given: at the time delivered by hand, if personally delivered; five (5) Business Days after being deposited in the mail, postage prepaid, if mailed; when answered back, if telexed; when receipt acknowledged, if telecopied; and the next Business Day after timely delivery to the courier, if sent by overnight air courier guaranteeing promising next day Business Day delivery. Any notice or communication to a Holder shall be mailed by first class mail, certified or registered, return receipt requested, mail or by overnight air courier guaranteeing promising next day Business Day delivery to its address shown on the register kept by the Registrar. Any notice or communication shall also be so mailed to any Person described in TIA § 313(c), to the extent required by the TIA. Failure to mail a notice or communication to a Holder or any defect in it shall not affect its sufficiency with respect to other Holders. The Trustee agrees to accept and act upon facsimile transmission of written instructions and/or directions pursuant to this Indenture given by the Company, provided, however that: (i) the Company, subsequent to such facsimile transmission of written instructions and/or directions, shall provide the originally executed instructions and/or directions to the Trustee in a timely manner and (ii) such originally executed instructions and/or directions shall be signed by an authorized officer of the Company. If a notice or communication is mailed in the manner provided above within the time prescribed, it is duly given, whether or not the addressee receives it, except in the case of notices or communications given to the Trustee, which shall be effective only upon actual receipt. If the Company or a Guarantor mails a notice or communication to Holders, it shall mail a copy to the Trustee and each Agent at the same time.

Appears in 2 contracts

Sources: Credit Agreement (Music123, Inc.), Credit Agreement (Music123, Inc.)

Notices. Any notice or communication by the CompanyIssuer, any Guarantor or the Trustee to the others is duly given if in writing in the English language and delivered in Person or mailed by first class mail (registered or certified, return receipt requested), telexelectronic image scan, telecopier facsimile transmission or overnight air courier guaranteeing next day delivery, to the others’ address: If to any of the Company and/or any GuarantorIssuer and the Guarantors: FiberTower California Resources Corporation ▇ ▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇, Suite 4800 San Francisco, CA 94107 Fax: ▇▇▇-▇▇ ▇▇▇▇ Long Beach, California 90831 Facsimile No.: (▇▇▇) ▇▇▇-▇▇▇▇ Attention: Chief Financial Officer With a copy (which shall not constitute notice) toIf to the Trustee: ▇▇▇▇▇Wilmington Trust, National Association ▇▇ ▇▇▇▇▇ LLP ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, Suite 4200 Houston, TX 77002 Fax: ▇▇▇-▇▇ ▇▇▇▇ Minneapolis, Minnesota 55402 Facsimile No.: (▇▇▇) ▇▇▇-▇▇▇▇ Attention: W. ▇▇▇▇ ▇▇▇▇▇California Resources Corporation, Esq. If to the Trustee and/or Collateral Agent: ▇▇▇▇▇ Fargo Bank, National Association Corporate Trust Services ▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, 2nd Floor Dallas, TX ▇▇▇▇▇-▇▇▇▇ Fax: ▇▇▇-▇▇▇-▇▇▇▇ Attention: ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇ Administrator The CompanyIssuer, any Guarantor or the Trustee, by notice to the others others, may designate additional or different addresses for subsequent notices or communications. Notices given by publication will be deemed given on the first date on which publication is made. All notices and communications (other than those sent to Holders) shall will be deemed to have been duly given: at the time delivered by hand, if personally delivered; five (5) Business Days after being deposited in the mail, postage prepaid, if mailed; when answered back, if telexed; when receipt acknowledged, if telecopiedtransmitted by electronic image scan or facsimile; and the next Business Day after timely delivery to the courier, if sent by overnight air courier guaranteeing next day delivery. Any notice or communication to a Holder shall will be mailed by first class mail, certified or registered, return receipt requested, or by overnight air courier guaranteeing next day delivery delivery, to its address shown on the register kept by the Registrar. Any notice or communication shall also be so mailed to any Person described in TIA § 313(c), to the extent required by the TIA. Failure to mail a notice or communication to a Holder or any defect in it shall will not affect its sufficiency with respect to other Holders. If a notice or communication is mailed in the manner provided above within the time prescribed, it is duly given, whether or not the addressee receives it. If the Company or a Guarantor Issuer mails a notice or communication to Holders, it shall the Issuer will mail a copy to the Trustee and each Agent at the same 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 by mail, then such notification as shall be made with the approval of the Trustee shall constitute a sufficient notification for every 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 the 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. Where this Indenture provides for notice of any event to a Holder of a Global Note, such notice shall be sufficiently given if given to the Depositary for such Note (or its designee), pursuant to its Applicable Procedures, 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

Sources: Indenture (California Resources Corp), Indenture (California Resources Corp)

Notices. Any notice or communication by the Company, any Guarantor or the Trustee to the others is duly given if in writing and delivered in Person or mailed by first class mail (registered or certified, return receipt requested), telex, telecopier facsimile transmission or overnight air courier guaranteeing next day delivery, to the others’ address: If to the Company and/or any Guarantor: FiberTower Corporation FTI Consulting, Inc. ▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇▇▇▇▇, Suite 4800 San Francisco, CA 94107 Fax: ▇▇-▇▇▇-▇▇▇▇ Attention: Chief Financial Officer With a copy (which shall not constitute notice) to: ▇▇▇▇▇▇▇ ▇▇▇▇▇ Facsimile No.: (▇▇▇) ▇▇▇-▇▇▇▇ Attn: General Counsel With a copy to: O’Melveny & ▇▇▇▇▇ LLP Times Square Tower ▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇ Facsimile No.: (▇▇▇) ▇▇▇-▇▇▇▇ Attn: ▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇ If to the Trustee: Wilmington Trust Company ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, Suite 4200 Houston, TX 77002 Fax: ▇▇▇-▇▇▇-▇▇▇▇ Attention: W. ▇▇▇▇ ▇▇▇▇▇, Esq. If to the Trustee and/or Collateral Agent: ▇▇▇▇▇ Fargo Bank, National Association Corporate Trust Services ▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, 2nd Floor Dallas, TX ▇▇▇▇▇-▇▇▇▇ FaxPhone No.: (▇▇▇-) ▇▇▇-▇▇▇▇ AttentionFax No.: (▇▇▇) ▇▇▇-▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇ Attn: Corporate Capital Markets The Company, any Guarantor or the Trustee, by notice to the others others, may designate additional or different addresses for subsequent notices or communications. All notices and communications (other than those sent to Holders) shall will be deemed to have been duly given: at the time delivered by hand, if personally delivered; five (5) Business Days after being deposited in the mail, postage prepaid, if mailed; when answered back, if telexed; when receipt acknowledged, if telecopiedtransmitted by facsimile; and the next Business Day after timely delivery to the courier, if sent by overnight air courier guaranteeing next day delivery. Any notice or communication to a Holder shall will be mailed by first class mail, certified or registered, return receipt requested, or by overnight air courier guaranteeing next day delivery to its address shown on the register kept by the Registrar. Any notice or communication shall will also be so mailed to any Person described in TIA § 313(c), to the extent required by the TIA. Failure to mail a notice or communication to a Holder or any defect in it shall will not affect its sufficiency with respect to other Holders. If a notice or communication is mailed in the manner provided above within the time prescribed, it is duly given, whether or not the addressee receives it. If the Company or a Guarantor mails a notice or communication to Holders, it shall will mail a copy to the Trustee and each Agent at the same time.

Appears in 2 contracts

Sources: Indenture (Fti Consulting Inc), Indenture (Fti Consulting Inc)

Notices. Any notice or communication by the CompanyPartnership, any Subsidiary Guarantor or the Trustee to the others is duly given if in writing and delivered in Person person or mailed by first first-class mail (registered or certified, return receipt requested), telex, telecopier facsimile or overnight air courier guaranteeing next day delivery, to the others’ other’s address: If to the Company and/or Partnership or any Subsidiary Guarantor: FiberTower Corporation ▇▇▇ ▇K-Sea Transportation Partners L.P. ▇▇▇▇ ▇▇▇▇▇▇, Suite 4800 San Francisco, CA 94107 Fax: ▇▇▇-▇▇▇-▇▇▇▇ Attention: Chief Financial Officer With a copy (which shall not constitute notice) to: ▇▇▇▇▇▇▇ ▇▇▇▇▇ LLP ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, Suite 4200 Houston, TX 77002 Fax: ▇▇▇-▇▇▇-▇▇▇▇ Attention: W. ▇▇▇▇ ▇▇▇▇▇, Esq. If to the Trustee and/or Collateral Agent: ▇▇▇▇▇ Fargo Bank, National Association Corporate Trust Services ▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, 2nd Floor Dallas, TX ▇▇▇▇▇-▇▇▇FaxAttn: ▇▇▇-▇▇▇-▇▇▇▇ Attention: ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇ Telephone: (▇▇▇) ▇▇▇-▇▇▇▇ Facsimile: (▇▇▇) ▇▇▇-▇▇▇▇ If to the Trustee: Attn: Telephone: Facsimile: The CompanyPartnership, any Subsidiary Guarantor or the Trustee, Trustee by notice to the others may designate additional or different addresses for subsequent notices or communications. All notices and communications (other than those sent to Holders) shall be deemed to have been duly given: at the time delivered by hand, if personally delivered; five (5) Business Days after being deposited in the mail, postage prepaid, if mailed; when answered back, if telexed; when receipt acknowledged, if telecopiedby facsimile; and the next Business Day after timely delivery to the courier, if sent by overnight air courier guaranteeing next day delivery. Any notice or communication to a Holder shall be mailed by first first-class mail, certified or registeredpostage prepaid, return receipt requested, or by overnight air courier guaranteeing next day delivery to its the Holder’s address shown on the register kept by the Registrar. Any notice or communication shall also be so mailed to any Person described in TIA § 313(c), to the extent required by the TIA. Failure to mail a notice or communication to a Holder or any defect in it shall not affect its sufficiency with respect to other Holders. If a notice or communication is mailed in the manner provided above within the time prescribed, it is duly given, whether or not the addressee receives it, except in the case of notice to the Trustee, it is duly given only when received. If the Company Partnership or a Subsidiary Guarantor mails a notice or communication to Holders, it shall mail a copy to the Partnership and the other Subsidiary Guarantors, as the case may be, and to the Trustee and each Agent at the same time. All notices or communications, including, without limitation, notices to the Trustee, the Partnership or a Subsidiary Guarantor by Holders, shall be in writing, except as otherwise set forth herein. In case by reason of the suspension of regular mail service, or by reason of any other cause, it shall be impossible to mail any notice required by this Indenture, then such method of notification as shall be made with the approval of the Trustee shall constitute a sufficient mailing of such notice.

Appears in 2 contracts

Sources: Indenture Agreement (K-Sea Transportation Inc.), Indenture (K-Sea Transportation Inc.)

Notices. Any notice or communication by the Company, any Guarantor or the Trustee to the others is duly shall be sufficiently given if in writing and delivered in Person person or mailed by first class mail (registered or certified, return receipt requested), telex, telecopier or overnight air courier guaranteeing next day delivery, delivery addressed as follows: if to the others’ addressCompany: If to the Company and/or any Guarantor: FiberTower Corporation ATA Holdings Corp. ▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, Suite 4800 San Francisco, CA 94107 Fax: ▇▇-▇▇▇-▇▇▇▇ Attention: Chief Financial Officer With a copy (which shall not constitute notice) to: ▇▇▇▇▇▇▇ ▇▇▇▇▇ LLP ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, Suite 4200 Houston, TX 77002 Fax: ▇▇▇-▇▇▇-▇▇▇▇ Attention: W. ▇▇▇▇ ▇▇▇▇▇, Esq. If to the Trustee and/or Collateral Agent: ▇▇▇▇▇ Fargo Bank, National Association Corporate Trust Services ▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, 2nd Floor Dallas, TX ▇▇ ▇▇▇▇▇-▇ Telecopier No.: (▇▇▇▇ Fax: ▇▇▇-) ▇▇▇-▇▇▇▇ Attention: ▇▇▇▇▇ ▇▇▇▇, Chief Financial Officer if to the Trustee: ▇▇▇▇▇ Fargo Bank Northwest, National Association ▇▇▇ ▇. ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇ ▇▇▇▇, ▇▇ ▇▇▇▇▇ Attention: Corporate Trust Services The Company, any Guarantor the Guarantors or the Trustee, Trustee by notice to the others other may designate additional or different addresses for subsequent notices or communications. All notices and communications (other than those sent to Holders) shall be deemed to have been duly given: (i) at the time delivered by hand, if personally delivered; five (5) Business Days after being deposited in the mail, postage prepaid, if mailed; when answered back, if telexed; when receipt acknowledged, if telecopied; and the next Business Day after timely delivery to the courier, if sent by overnight air courier guaranteeing next day delivery. Any notice or communication to a Holder shall be mailed by first class mail, mail (certified or registered, return receipt requested, or by overnight air courier guaranteeing next day delivery ) to its address shown on the register kept by the RegistrarRegistrar and shall be sufficiently given to such Holder if so mailed or delivered within the time presented. Any notice or communication shall also be so mailed to any Person described in TIA § Section 313(c), to the extent required by the TIA. Failure to mail a notice or communication to a Holder or any defect in it shall not affect its sufficiency with respect to other Holders. If Except for a notice to the Trustee, which is deemed given only when received, and except as otherwise provided in this Indenture, if a notice or communication is mailed in the manner provided above within the time prescribedin this Section 11.02, it is duly given, whether or not the addressee receives it. If Holders may communicate pursuant to TIA Section 312(b) with other Holders with respect to their rights under this Indenture or the Company or a Guarantor mails a notice or communication to HoldersNotes. The Company, it the Trustee, the Registrar and anyone else shall mail a copy to have the Trustee and each Agent at the same timeprotection of TIA Section 312(c).

Appears in 2 contracts

Sources: Indenture (American Trans Air Execujet Inc), Indenture (American Trans Air Execujet Inc)

Notices. Any notice or communication by the Companyan Issuer, any Guarantor or the Trustee to the others is duly given if in writing in the English language and delivered in Person or mailed by first class mail (registered or certified, return receipt requested), telexelectronic image scan, telecopier facsimile transmission or overnight air courier guaranteeing next day delivery, to the others’ address: If to any of the Company and/or any GuarantorIssuers and the Guarantors: FiberTower Corporation Delek Logistics Partners, LP ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇, Suite 4800 San Francisco, CA 94107 Fax: ▇▇▇-, ▇▇▇▇▇ ▇▇▇ Brentwood, Tennessee 37027 Facsimile No.: (▇▇▇) ▇▇▇-▇▇▇▇ Attention: Chief Financial Officer With with a copy (which shall not constitute notice) to: ▇▇▇▇▇▇& ▇▇▇▇▇ LLP ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, Suite 4200 Houston, TX Texas 77002 FaxFacsimile No.: (▇▇▇-▇▇▇-▇▇▇▇ Attention: W. ▇▇▇▇ ▇▇▇▇▇, Esq. If to the Trustee and/or Collateral Agent: ▇▇▇▇▇ Fargo Bank, National Association Corporate Trust Services ▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, 2nd Floor Dallas, TX ▇▇▇▇▇-▇▇▇▇ Fax: ▇▇▇-) ▇▇▇-▇▇▇▇ Attention: ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇, P.C., ▇▇▇▇▇ ▇▇▇▇ and ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇, P.C. If to the Trustee: U.S. Bank Trust Company, National Association ▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇ Nashville, Tennessee 37201 Facsimile No.: (▇▇▇) ▇▇▇-▇▇▇▇ Attention: Corporate Trust Services with a copy (which shall not constitute notice) to: Holland & Knight, LLP ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇ Nashville, Tennessee 37219 Facsimile No.: (▇▇▇) ▇▇▇-▇▇▇▇ Attention: ▇▇▇▇ ▇▇▇▇▇▇ The CompanyIssuers, any Guarantor or the Trustee, by notice to the others others, may designate additional or different addresses for subsequent notices or communications. All notices and communications (other than those sent to Holders) shall will be deemed to have been duly given: at the time delivered by hand, if personally delivered; five (5) Business Days after being deposited in the mail, postage prepaid, if mailed; when answered back, if telexed; when receipt acknowledged, if telecopiedtransmitted by electronic image scan or facsimile; and the next Business Day after timely delivery to the courier, if sent by overnight air courier guaranteeing next day delivery. Any notice or communication to a Holder shall will be mailed by first class mail, certified or registered, return receipt requested, or by overnight air courier guaranteeing next day delivery to its address shown on the register kept by the Registrar. Any notice or communication shall also be so mailed to any Person described in TIA § 313(c), except that all notices and communications to the extent required by Depositary as a Holder shall be given in the TIAmanner it prescribes, notwithstanding anything to the contrary indicated herein. Failure to mail send a notice or communication to a Holder or any defect in it shall will not affect its sufficiency with respect to other Holders. If a notice or communication is mailed given in the manner provided above within the time prescribed, it is duly given, whether or not the addressee receives it. If the Company or a Guarantor mails an Issuer sends a notice or communication to Holders, it shall mail will send a copy to the Trustee and each Agent at the same time.

Appears in 2 contracts

Sources: Indenture (Delek Logistics Partners, LP), Indenture (Delek Logistics Partners, LP)

Notices. Any notice or communication by the Company, any Guarantor or the Trustee to the others is duly given if shall be in writing and delivered in Person person or mailed by first first-class mail or sent by facsimile (registered with a hard copy delivered in person or certified, return receipt requested), telex, telecopier or overnight air courier guaranteeing next day delivery, by mail promptly thereafter) and addressed as follows: if to the others’ addressIssuer and Guarantors: If to the Company and/or any Guarantor: FiberTower Corporation Crocs, Inc. 1▇▇▇▇ ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇, Suite 4800 San Francisco, CA 94107 Fax: ▇▇▇-, Colorado 80020 Attention: D▇-▇▇▇▇ Attention: ▇. ▇▇▇▇, Executive Vice President, Chief Financial Legal and Risk Officer With with a copy (which shall not constitute notice) to: P▇▇▇▇▇▇ Coie LLP 1▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇ ▇▇▇▇▇ LLP Facsimile: (▇▇▇) ▇▇▇-▇▇▇▇ Attention: J▇▇▇▇ ▇▇▇; N▇▇ ▇▇▇▇▇▇ if to the Trustee: U.S. Bank National Association Global Corporate Trust 9▇▇ ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, Suite 4200 Houston, TX 77002 Fax: ▇▇▇-▇▇▇-▇▇, ▇▇▇▇▇ Attention: W. M▇▇▇▇ ▇▇▇▇▇, Esq. If to the Trustee and/or Collateral Agent: ▇▇▇▇▇ Fargo Bank, National Association Corporate Trust Services ▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, 2nd Floor DallasVice President, TX ▇▇▇▇▇-▇▇▇▇ Fax: ▇▇▇-▇▇▇-▇▇▇▇ Attention: ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇ Global Corporate Trust The Company, any Guarantor Issuer and Guarantors or the Trustee, Trustee by notice to the others other may designate additional or different addresses for subsequent notices or communications. Any notice or communication mailed to a Noteholder shall be mailed or delivered to the Noteholder at the Noteholder’s address as it appears on the registration books of the Registrar and shall be sufficiently given if so mailed within the time prescribed. All notices and communications (other than those sent to Holders) shall will be deemed to have been duly given: (A) at the time delivered by hand, if personally delivered; (B) five (5) Business Days after being deposited in the mail, postage prepaid, if mailed; when answered back, if telexed; (C) when receipt acknowledged, if telecopiedtransmitted by electronic transmission or other similar means of unsecured electronic communication; and (D) the next Business Day after timely delivery to the courier, if sent by overnight air courier guaranteeing next day delivery. Any notice All notices or communication communications required to be made to a Holder shall pursuant to this Indenture must be made in writing and will be deemed to be duly sent or given in writing if mailed by first class mail, certified or registered, return receipt requested, or by overnight air courier guaranteeing next day delivery delivery, to its address shown on the register kept by the Registrar. Any notice or communication shall also be so mailed to any Person described in TIA § 313(c)Register; provided, to the extent required by the TIA. Failure to mail however, that a notice or communication to a Holder of a Global Note may, but need not, instead be sent pursuant to the Depositary Procedures Failure to mail or deliver a notice or communication to a Noteholder or any defect in it shall not affect its sufficiency with respect to other HoldersNoteholders. Notwithstanding any other provision of this Indenture or any Note, where this Indenture or any Note provides for notice of any event to a Holder of a Global Note (whether by mail or otherwise), such notice shall be sufficiently given to the Depositary pursuant to the applicable procedures of the Depositary. The Trustee will not have any liability relating to the contents of any notice that it sends to any Holder pursuant to any Company Order. If a notice or communication is mailed or sent in the manner provided above within the time prescribed, it is will be deemed to have been duly given, whether or not the addressee receives it. The Trustee shall have the right to accept and act upon any notice, instruction, or other communication, including any funds transfer instruction (each, a “Notice”), received pursuant to this Indenture by electronic transmission (including by e-mail, web portal or other electronic methods) and reasonably believed by the Trustee to be valid and the Trustee shall not have any duty to confirm that the person sending such Notice is, in fact, a person authorized to do so, and furthermore (i) the Trustee shall not have any liability for any losses, liabilities, costs or expenses incurred or sustained directly or indirectly by any party as a result of such reliance upon or compliance with such instructions, directions, reports, notices or other communications or information and (ii) the Company and any other sending party agrees to assume all risks arising out of the use of electronic methods to submit instructions, directions, reports, notices or other communications or information to the Trustee, including the risk of the Trustee acting on unauthorized instructions, notices, reports or other communications or information, and the risk of interception and misuse by third parties. If the Company or other sending party elects to send the Trustee email and the Trustee in its discretion elects to act upon such instructions, the Trustee’s understanding of such instructions shall be deemed controlling. Electronic signatures reasonably believed by the Trustee to comply with the ESIGN Act of 2000 or other applicable law (including electronic images of handwritten signatures and digital signatures provided by DocuSign, Adobe Sign or any other digital signature provider identified by any other party hereto and acceptable to the Trustee) shall be deemed original signatures for all purposes. Notwithstanding the foregoing, the Trustee may require that a Guarantor mails Notice in the form of an original document bearing a notice or communication to Holders, it shall mail a copy manual signature be delivered to the Trustee and each Agent at in lieu of, or in addition to, any such electronic Notice. Notwithstanding anything herein to the same timecontrary, any notice to the Trustee shall be deemed given when actually received.

Appears in 2 contracts

Sources: Indenture (Crocs, Inc.), Indenture (Crocs, Inc.)

Notices. Any notice or communication by the Company, any Guarantor or the Trustee to the others is duly given if in writing and delivered in Person person or mailed by first first-class mail (registered or certified, return receipt requested), telexfacsimile, telecopier electronically (in “.pdf” or other format) or overnight air courier guaranteeing next day delivery, to the others’ address: If to the Company and/or any GuarantorGuarantor on or after the Issue Date: FiberTower Corporation ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇, Suite 4800 San Francisco, CA 94107 Fax: ▇▇▇-▇▇▇-▇▇▇▇ Attention: Chief Financial Officer With a copy (which shall not constitute notice) to: ▇▇▇▇▇▇▇ ▇▇▇▇▇ LLP Crescent Energy Finance LLC ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, Suite 4200 7200 Houston, TX 77002 FaxAttention: ▇▇▇-▇▇▇-▇▇▇▇ Attention: W. ▇▇▇▇ ▇▇▇▇▇, Esq. If to the Trustee and/or Collateral Agent: ▇▇▇▇▇ Fargo Bank, National Association Corporate Trust Services ▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, 2nd Floor Dallas▇ with a copy to: ▇▇▇▇▇▇ & ▇▇▇▇▇▇ LLP ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ Houston, TX 77002 Attention: ▇▇▇▇▇▇▇ ▇’▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ Tel: (▇▇▇) ▇▇▇-▇▇▇▇ Fax: (▇▇▇-) ▇▇▇-▇▇▇▇ AttentionEmail: ▇▇▇▇▇▇. @▇▇▇▇▇.▇▇▇ If to the Trustee: U.S. Bank Trust Company, National Association Global Corporate Trust ▇▇▇▇▇ ▇▇▇▇ ▇▇ ▇▇▇▇▇ 800 Dallas, TX 75240 Attention: ▇▇▇▇▇ ▇ ▇▇▇▇▇▇ Facsimile No.: (▇▇▇) ▇▇▇-▇▇▇▇ The Company, any Guarantor or the Trustee, by notice to the others others, may designate additional or different addresses for subsequent notices or communications. All notices and communications (other than those sent to Holders) shall be deemed to have been duly given: at the time delivered by hand, if personally delivered; five (5) Business Days calendar days after being deposited in the mail, postage prepaid, if mailedmailed by first-class mail; when answered back, if telexed; when receipt acknowledged, if telecopiedon the first date on which publication is made or electronic delivery made; and the next Business Day after timely delivery to the courier, if sent by overnight air courier guaranteeing next day delivery; provided that any notice or communication delivered to the Trustee shall be deemed effective upon actual receipt thereof. Any notice or communication to a Holder shall be electronically delivered, mailed by first first-class mail, certified or registered, return receipt requested, or by overnight air courier guaranteeing next day delivery to its address shown on the register Note Register kept by the Registrar. Any notice or communication shall also be so mailed to any Person described in TIA § 313(c), to the extent required by the TIA. Failure to mail deliver a notice or communication to a Holder or any defect in it shall not affect its sufficiency with respect to other Holders. Notwithstanding any other provision of this Indenture or any Note, where this Indenture or any Note provides for notice of any event (including any notice of redemption or purchase) to a Holder of a Global Note (whether by mail or otherwise), such notice shall be sufficiently given if given to the Depositary pursuant to the standing instructions from the Depositary. If a notice or communication is mailed or otherwise delivered in the manner provided above within the time prescribed, it is such notice or communication shall be deemed duly given, whether or not the addressee receives it. If the Company deliver or a Guarantor mails mail a notice or communication to Holders, it shall deliver or mail a copy to the Trustee and each Agent at the same time.

Appears in 2 contracts

Sources: Indenture (Crescent Energy Co), Indenture (Crescent Energy Co)

Notices. Any notice or communication by the Company, any Guarantor Company or the Trustee to the others other is duly given if in writing and delivered in Person person or mailed by first class mail (registered or certified, return receipt requested), telex, telecopier or overnight air courier guaranteeing next day delivery, to the others’ other’s address: If to the Company and/or any GuarantorCompany: FiberTower CVS Corporation ▇▇▇ ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇ Telecopier No.: (▇▇▇) ▇▇▇-▇▇▇▇ Attention: General Counsel If to the Trustee: The Bank of New York Trust Company, N.A. ▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇, Suite 4800 San Francisco, CA 94107 Fax: ▇▇▇-▇▇▇-▇▇▇▇ Attention: Chief Financial Officer With a copy (which shall not constitute notice) to: ▇▇▇▇▇▇▇ ▇▇▇▇▇ LLP ▇▇▇ Telecopier No: (▇▇▇▇▇▇ ▇▇▇▇▇▇, Suite 4200 Houston, TX 77002 Fax: ▇▇▇-) ▇▇▇-▇▇▇▇ Attention: W. ▇▇▇▇ ▇▇▇▇▇, Esq. If to the Trustee and/or Collateral Agent: ▇▇▇▇▇ Fargo Bank, National Association Corporate Trust Services ▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, 2nd Floor Dallas, TX ▇▇▇▇▇-▇▇▇▇ Fax: ▇▇▇-▇▇▇-▇▇▇▇ Attention: ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇ Administration The Company, any Guarantor Company or the Trustee, by notice each to the others other may designate additional or different addresses for subsequent notices or communications. All notices and communications (other than those sent to HoldersHolders of Debt Securities) shall be deemed to have been duly given: at the time delivered by hand, if personally delivered; five (5) Business Days after being deposited in the mail, postage prepaid, if mailed; when answered back, if telexed; when receipt acknowledged, if telecopied; and the next Business Day after timely delivery to the courier, if sent by overnight air courier guaranteeing next day delivery. Any notice or communication to a Holder of a Debt Security shall be mailed by first class mail, certified or registered, return receipt requested, or by overnight air courier guaranteeing next day delivery to its address shown on the register kept by the RegistrarSecurities Register. Any notice or communication shall also be so mailed to any Person described in TIA § 313(c), to the extent required by the TIA. Failure to mail a notice or communication to a Holder of a Debt Security or any defect in it such notice shall not affect its sufficiency with respect to other HoldersHolders of Debt Securities. If a notice or communication is mailed in the manner provided set forth above within the time prescribed, it is such notice or communication shall be deemed to be duly given, given whether or not the addressee receives it. If the Company or a Guarantor mails a notice or communication to HoldersHolders of Debt Securities, it shall mail a copy to the Trustee and each Agent at the same time.

Appears in 2 contracts

Sources: Senior Indenture (CVS Corp), Senior Indenture (CVS Corp)

Notices. Any notice or communication by the Company, any Guarantor Company or the Trustee to the others other is duly given if in writing and delivered in Person person or mailed by first first-class mail (registered or certified, return receipt requested), telex, telecopier facsimile or overnight air courier guaranteeing next day delivery, to the others’ other's address: If to the Company and/or any GuarantorCompany: FiberTower Corporation U.S. Concrete, Inc. ▇▇▇▇ ▇▇▇▇ ▇▇▇ ▇▇▇▇., ▇▇▇▇▇, Suite 4800 San Francisco, CA 94107 Fax: ▇▇▇-▇▇▇-▇▇▇▇ Attention: Chief Financial Officer With a copy (which shall not constitute notice) to: ▇▇▇▇▇▇▇ ▇▇▇▇▇ LLP ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, Suite 4200 Houston, TX 77002 Fax: ▇▇▇-▇▇▇-▇▇▇▇ Attention: W. ▇▇▇▇ ▇▇▇▇▇, Esq. If to the Trustee and/or Collateral Agent: ▇▇▇▇▇ Fargo Bank, National Association Corporate Trust Services ▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, 2nd Floor Dallas, TX ▇▇▇▇-▇▇▇▇ Fax: ▇▇▇-▇▇▇-▇▇▇▇ Attention: ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇ General Counsel If to the Trustee: ______________________________ ______________________________ ______________________________ ______________________________ The Company, any Guarantor Company or the Trustee, Trustee by notice to the others other may designate additional or different addresses for subsequent notices or communications. All notices and communications (other than those sent to Holders) shall be deemed to have been duly given: at the time delivered by hand, if personally delivered; five (5) Business Days after being deposited in the mail, postage prepaid, if mailed; when answered back, if telexed; when receipt acknowledged, if telecopiedby facsimile; and the next Business Day after timely delivery to the courier, if sent by overnight air courier guaranteeing next day delivery. Any notice or communication to a Holder shall be mailed by first first-class mail, certified or registeredpostage prepaid, return receipt requested, or by overnight air courier guaranteeing next day delivery to its the Holder's address shown on the register kept by the Registrar. Any notice or communication shall also be so mailed to any Person described in TIA § 313(c), to the extent required by the TIA. Failure to mail a notice or communication to a Holder or any defect in it shall not affect its sufficiency with respect to other Holders. If a notice or communication is mailed in the manner provided above within the time prescribed, it is duly given, whether or not the addressee receives it, except in the case of notice to the Trustee, it is duly given only when received. If the Company or a Guarantor mails a notice or communication to Holders, it shall mail a copy to the Trustee and each Agent at the same time. All notices or communications, including without limitation notices to the Trustee or the Company by Holders, shall be in writing, except as otherwise set forth herein. In case by reason of the suspension of regular mail service, or by reason of any other cause, it shall be impossible to mail any notice required by this Indenture, then such method of notification as shall be made with the approval of the Trustee shall constitute a sufficient mailing of that notice.

Appears in 2 contracts

Sources: Subordinated Indenture (Us Concrete Inc), Indenture (Us Concrete Inc)

Notices. Any notice Whenever this Agreement requires or permits delivery of a “Notice” (or requires a Party to “Notify”), the Party with such right or obligation shall provide a written communication in the manner specified below; provided, however, that Notices of Outages or other intra-day information regarding the Units’ operations are to be provided as required pursuant to Sections 3.5 and 3.10; and provided further, that any scheduling and dispatching shall be done pursuant to the Operating Procedures. Invoices may be sent by facsimile or e-mail. A Notice sent by facsimile transmission or e-mail will be recognized and shall be deemed received on the Business Day on which such Notice was transmitted if received before 5 p.m. Pacific prevailing time (and if received after 5 p.m., on the next Business Day) and a Notice by overnight mail or courier shall be deemed to have been received two Business Days after it was sent or such earlier time as is confirmed by the Companyreceiving Party unless it confirms a prior verbal communication, in which case any Guarantor or such Notice shall be deemed received on the Trustee day sent. All Notices to the others is duly given if in writing Seller: All Notices to Buyer Pacific Gas and delivered in Person or mailed by first class mail (registered or certified, return receipt requested), telex, telecopier or overnight air courier guaranteeing next day delivery, to the others’ addressElectric Company Street: If to the Company and/or any GuarantorStreet: FiberTower Corporation ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇, Suite 4800 City: City: San Francisco, CA 94107 FaxZip: 94105 Attn: Attn: Contract Administration Phone: Phone: (▇▇▇-) ▇▇▇-▇▇▇▇ AttentionFacsimile: Chief Financial Officer With a copy Facsimile: (which shall not constitute notice) to: ▇▇▇▇▇▇▇ ▇▇▇▇▇ LLP ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, Suite 4200 Houston, TX 77002 Fax: ▇▇▇-) ▇▇▇-▇▇▇▇ AttentionDuns: W. ▇▇▇▇ Duns: ▇▇▇▇▇, Esq. If to the Trustee and/or Collateral Agent▇▇▇▇ Federal Tax ID Number: Federal Tax ID Number: ▇▇-▇▇▇▇▇▇▇ Fargo Bank, National Association Corporate Trust Services ▇Invoices: Invoices: Attn: Attn: ▇▇▇ ▇▇▇▇ Phone: Phone: (▇▇▇▇▇▇, 2nd Floor Dallas, TX ▇▇) ▇▇▇-▇▇▇▇ FaxFacsimile: Facsimile: (▇▇▇-) ▇▇▇-▇▇▇▇ AttentionScheduling: Scheduling: Attn: Attn: ▇▇▇▇▇ Coffee Phone: Phone: (▇▇▇) ▇▇▇-▇▇▇▇ Facsimile: Facsimile: (▇▇▇) ▇▇▇-▇▇▇▇ Payments: Payments: Attn: Attn: ▇▇▇ ▇. ▇▇▇ Phone: Phone: (▇▇▇) ▇▇▇-▇▇▇▇ Facsimile: Facsimile: (▇▇▇) ▇▇▇-▇▇▇▇ Wire Transfer: Wire Transfer: [Contact PG&E at ▇▇▇▇▇@▇▇▇▇▇▇▇▇.▇▇&▇.▇▇▇] BNK: BNK: ABA: ABA: ACCT: ACCT: Credit and Collections: Credit and Collections: Attn: Attn: Manager, Credit Risk Phone: Phone: (▇▇▇) ▇▇▇-▇▇▇The Company, any Guarantor or the Trustee, by notice Facsimile: Facsimile: (▇▇▇) ▇▇▇-▇▇▇▇ With additional Notices of an Event of Default to the others may designate Contract Manager: With additional or different addresses for subsequent notices or communications. All notices and communications Notices of an Event of Default to Contract Manager: Attn: ___________________ Attn: _______________ Phone: Phone: (other than those sent to Holders▇▇▇) shall be deemed to have been duly given▇▇▇-▇▇▇▇ Facsimile: at the time delivered by hand, if personally delivered; five Facsimile: (5▇▇▇) Business Days after being deposited in the mail, postage prepaid, if mailed; when answered back, if telexed; when receipt acknowledged, if telecopied; and the next Business Day after timely delivery to the courier, if sent by overnight air courier guaranteeing next day delivery. Any notice or communication to a Holder shall be mailed by first class mail, certified or registered, return receipt requested, or by overnight air courier guaranteeing next day delivery to its address shown on the register kept by the Registrar. Any notice or communication shall also be so mailed to any Person described in TIA § 313(c), to the extent required by the TIA. Failure to mail a notice or communication to a Holder or any defect in it shall not affect its sufficiency with respect to other Holders. If a notice or communication is mailed in the manner provided above within the time prescribed, it is duly given, whether or not the addressee receives it. If the Company or a Guarantor mails a notice or communication to Holders, it shall mail a copy to the Trustee and each Agent at the same time.▇▇▇-▇▇▇▇ Seller: Buyer: PACIFIC GAS AND ELECTRIC COMPANY By: By: Name: Name: Title: Title:

Appears in 2 contracts

Sources: Power Purchase Agreement, Power Purchase Agreement

Notices. Any notice or communication by the Company, any Guarantor Company or the Trustee to the others is duly given if in writing and delivered in Person or mailed by first class mail (registered or certified, return receipt requested), telex, telecopier or overnight air courier guaranteeing next day delivery, to the others' address: If to the Company and/or any Guarantoror the Guarantors: FiberTower Wheeling-Pittsburgh Steel Corporation ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇, Suite 4800 San Francisco, CA 94107 Fax: ▇▇▇-▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇ Telecopier No.: (▇▇▇) ▇▇▇-▇▇▇▇ Attention: Chief Financial Officer With a copy (which shall not constitute notice) copies to: ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ LLP ▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, Suite 4200 Houston, TX 77002 Fax: ▇▇▇-▇▇▇-▇▇▇▇ Attention: W. ▇▇▇▇ ▇▇▇▇▇, Esq. If to the Trustee and/or Collateral Agent▇ Telecopier No.: (▇▇▇▇▇ Fargo Bank, National Association Corporate Trust Services ▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, 2nd Floor Dallas, TX ▇▇▇▇▇-▇▇▇▇ Fax: ▇▇▇-) ▇▇▇-▇▇▇▇ Attention: ▇▇▇▇▇▇▇ ▇. ▇▇▇▇, Esq. If to the Trustee: Bank One, N.A. ▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇ ▇▇▇▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇ Telecopier No.: (▇▇▇) ▇▇▇-▇▇▇▇ Attention: Corporate Trust Administration, ▇▇▇▇ ▇▇▇▇▇▇ The Company, any Guarantor Company or the Trustee, by notice to the others may designate additional or different addresses for subsequent notices or communications. All notices and communications (other than those sent to Holders) shall be deemed to have been duly given: at the time delivered by hand, if personally Personally delivered; five (5) 5 Business Days after being deposited in the mail, postage prepaid, if mailed; when answered back, if telexed; when receipt acknowledged, if telecopied; and the next Business Day after timely delivery to the courier, if sent by overnight air courier guaranteeing next day delivery; provided, however, that anything herein to the contrary notwithstanding, notice to the Trustee shall only be deemed given upon receipt. Any notice or communication to a Holder shall be mailed by first class mail, certified or registered, return receipt requested, or by overnight air courier guaranteeing next day delivery to its address shown on the register kept by the Registrar. Any notice or communication shall also be so mailed to any Person described in TIA § Section 313(c), to the extent required by the TIA. Failure to mail a notice or communication to a Holder or any defect in it shall not affect its sufficiency with respect to other Holders. If a notice or communication is mailed in the manner provided above within the time prescribed, it is duly given, whether or not the addressee receives it. If the Company or a Guarantor mails a notice or communication to Holders, it shall mail a copy to the Trustee and each Agent at the same time.

Appears in 2 contracts

Sources: Indenture (Wheeling Pittsburgh Steel Corp /De), Indenture (Wheeling Pittsburgh Corp /De/)

Notices. Any notice or communication by the Company, any the Guarantor or the Trustee to the others is duly given if in writing and delivered in Person person or mailed by first class mail (registered or certifiedcertified mail, return receipt requested), telex, telecopier or overnight air courier guaranteeing next day delivery, to the others' address: If to the Company and/or any or the Guarantor: FiberTower Corporation The Musicland Group, Inc. ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇, Suite 4800 San Francisco, CA 94107 Fax: ▇▇▇-▇, ▇▇▇-▇▇▇ Attention: Chief Financial Officer With a copy (which shall not constitute notice) to: ▇▇▇▇▇▇▇ ▇▇▇▇▇ Telecopier No.: (▇▇▇) ▇▇▇-▇▇▇▇ Attention: General Counsel With a copy to: Faegre & ▇▇▇▇▇▇ LLP ▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, Suite 4200 Houston, TX 77002 Fax: ▇▇▇-▇▇▇-▇▇▇▇ Attention: W. ▇▇, ▇▇ ▇▇▇▇▇, Esq. If to the Trustee and/or Collateral Agent▇ Telecopier No.: (▇▇▇▇▇ Fargo Bank, National Association Corporate Trust Services ▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, 2nd Floor Dallas, TX ▇▇▇▇▇-▇▇▇▇ Fax: ▇▇▇-) ▇▇▇-▇▇▇▇ Attention: ▇▇▇▇▇▇▇. ▇▇▇▇▇▇▇▇ and ▇▇▇▇ & ▇▇▇▇▇▇▇ 4800 Norwest Center ▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ Telecopier No.: (▇▇▇) ▇▇▇-▇▇▇▇ Attention: ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ If to the Trustee: Bank One, NA ▇▇▇ ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ Telecopier No.: (▇▇▇) ▇▇▇-▇▇▇▇ Attention: Corporate Trust Department The Company, any the Guarantor or the Trustee, by notice to the others may designate additional or different addresses for subsequent notices or communications. All notices and communications (other than those sent to Holders) shall be deemed to have been duly given: at the time delivered by hand, if personally delivered; five (5) Business Days after being deposited in the mail, postage prepaid, if mailed; when answered back, if telexed; when receipt acknowledged, if telecopied; and the next Business Day after timely delivery to the courier, if sent by overnight air courier guaranteeing promising next day Business Day delivery. Any notice or communication to a Holder shall be mailed by first class mail, certified or registered, return receipt requested, mail or by overnight air courier guaranteeing promising next day Business Day delivery to its address shown on the register kept by the Registrar. Any notice or communication shall also be so mailed to any Person described in TIA § Section 313(c), to the extent required by the TIA. Failure to mail a notice or communication to a Holder or any defect in it shall not affect its sufficiency with respect to other Holders. If a notice or communication is mailed in the manner provided above within the time prescribed, it is duly given, whether or not the addressee receives it. If the Company or a Guarantor mails a notice or communication to Holders, it shall mail a copy to the Trustee and each Agent at the same time.

Appears in 2 contracts

Sources: Indenture (Musicland Stores Corp), Indenture (Musicland Group Inc /De)

Notices. Any notice or communication by the Company, any Guarantor or the Trustee to the others is duly given if in writing and delivered in Person or mailed by first class mail (registered or certified, return receipt requested), telex, telecopier or overnight air courier guaranteeing next day delivery, to the others’ address: If to the Company and/or any Guarantor: FiberTower Corporation ▇▇▇▇▇▇ Automotive Group, Inc. ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇, Suite 4800 San Francisco, CA 94107 Fax: ▇▇▇-▇ ▇▇▇▇▇ ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇ Telecopier No.: (▇▇▇) ▇▇▇-▇▇▇▇ Attention: Chief Financial Officer With a copy (which shall not constitute notice) to: ▇▇▇▇▇▇▇ Cravath, Swaine & ▇▇▇▇▇ LLP ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, Suite 4200 Houston, TX 77002 Fax: ▇▇▇-▇▇▇-▇▇▇▇ Attention: W. ▇▇▇▇ ▇▇▇▇▇, Esq. If to the Trustee and/or Collateral Agent: ▇▇▇▇Fargo Bank, National Association Corporate Trust Services ▇▇▇▇ ▇▇▇▇ ▇▇▇▇, ▇, 2nd Floor Dallas, TX ▇▇▇▇▇-▇▇▇▇ FaxTelecopier No.: (▇▇▇-) ▇▇▇-▇▇▇▇ Attention: ▇▇▇▇▇▇ ▇. ▇▇▇▇▇ If to the Trustee: The Bank of New York ▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇, Floor 8W New York, New York 10286 Telecopier No.: (▇▇▇) ▇▇▇-▇▇▇▇ Attention: Corporate Trust Administration The Company, any Guarantor or the Trustee, by notice to the others may designate additional or different addresses for subsequent notices or communications. All notices and communications (other than those sent to Holders) shall be deemed to have been duly given: at the time delivered by hand, if personally delivered; five (5) Business Days after being deposited in the mail, postage prepaid, if mailed; when answered back, if telexed; when receipt acknowledged, if telecopied; and the next Business Day after timely delivery to the courier, if sent by overnight air courier guaranteeing next day delivery. Any notice or communication to a Holder shall be mailed by first class mail, certified or registered, return receipt requested, or by overnight air courier guaranteeing next day delivery to its address shown on the register kept by the Registrar. Any notice or communication shall also be so mailed to any Person described in TIA § 313(c), to the extent required by the TIA. Failure to mail a notice or communication to a Holder or any defect in it shall not affect its sufficiency with respect to other Holders. If a notice or communication is mailed in the manner provided above within the time prescribed, it is duly given, whether or not the addressee receives it. If the Company or a Guarantor mails a notice or communication to Holders, it shall mail a copy to the Trustee and each Agent at the same time.

Appears in 2 contracts

Sources: Indenture (Asbury Automotive Group Inc), Indenture (Asbury Automotive Group Inc)

Notices. Any notice or communication by the Company, any Guarantor or the Trustee to the others is duly given if in writing (in the English language) and delivered in Person person or mailed by first class class-mail (registered or certified, return receipt requested), telex, telecopier or overnight air courier guaranteeing next day delivery, to the others’ address: If to the Company and/or any Guarantoror the Guarantors: FiberTower Corporation CGG Holding (U.S.) Inc. ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇, Suite 4800 San Francisco, CA 94107 Fax: ▇-▇▇▇-▇▇▇▇ Attention: Chief Financial Officer With a copy (which shall not constitute notice) to: ▇▇▇▇▇▇▇ ▇▇▇▇LLP of America Attention: ▇▇▇▇▇▇▇▇ Place-▇▇▇▇▇ Fax number: +▇▇ ▇▇ ▇▇ ▇▇ ▇▇▇/+▇▇ ▇▇ ▇▇ ▇▇ ▇▇▇ If to the Trustee: The Bank of New York Mellon, London Branch One Canada Square ▇▇▇▇▇▇ ▇▇▇ ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, Suite 4200 Houston, TX 77002 Fax: ▇▇▇-▇▇▇-▇▇▇▇ Attention: W. ▇▇▇▇ ▇▇▇▇▇, Esq. If to the Trustee and/or Collateral Agent: ▇▇▇▇▇ Fargo Bank, National Association Manager Corporate Trust Services Fax number: +▇ () ▇▇ ▇▇▇▇ ▇▇▇▇▇▇, 2nd Floor Dallas, TX ▇▇▇▇▇-▇▇▇▇ Fax: ▇▇▇-▇▇▇-▇▇▇▇ Attention: ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇ The Company, any Guarantor of the Guarantors or the Trustee, by notice to the others may designate additional or different addresses for subsequent notices or communications. Any notice or communication to a Holder shall be mailed by first-class mail, certified or registered, return receipt requested, or delivered by overnight air courier guaranteeing next day delivery, in each case to its address shown on the register kept by the Registrar. For Notes which are represented by global certificates held on behalf of Euroclear or Clearstream, notice may be given by delivery of the relevant notices to Euroclear and Clearstream for communication to entitled account holders in substitution of the aforesaid mailing. In addition, for so long as the Notes are listed on the Luxembourg Stock Exchange and its rules so require, any such notice or communication (including any notice of redemption) to Holders shall be published in a newspaper having general circulation in Luxembourg, which newspaper may be the Luxemburger Wort, or if such newspaper ceases to be published or timely publication in it will not be practicable, in such other newspaper as the Company deems necessary to give fair and reasonable notice to the Holders. Notices may also be published on the Internet site of the Luxembourg Stock Exchange at ▇▇▇▇://▇▇▇.▇▇▇▇▇▇.▇▇. Any notice or communication shall also be so mailed to any Person described in Section 313(c) of the TIA, to the extent required by the TIA. Failure to provide a notice or communication to a Holder or any defect in it shall not affect its sufficiency with respect to other Holders. All notices and communications (other than those sent to Holders) shall be deemed to have been duly given: at the time delivered by hand, if personally delivered; five (5) Business Days after being deposited in the mail, postage prepaid, if mailed; when answered back, if telexed; when receipt acknowledged, if telecopied; and the next Business Day after timely delivery to the courier, if sent by overnight air courier guaranteeing next day delivery. Any notice or communication Notwithstanding the foregoing, notices to a Holder the Trustee shall be mailed by first class mail, certified or registered, return receipt requested, or by overnight air courier guaranteeing next day delivery to its address shown on the register kept by the Registrareffective only upon receipt. Any notice or communication given by newspaper or internet publication shall also be so mailed deemed to any Person described have been given on the date of publication or, if published more than once or on different dates, on the first date on which publication is made in TIA § 313(c)the manner required in the newspaper, in one of the newspapers referred to above or on the extent required by the TIAinternet site referred to above. Failure to mail a notice or communication to a Holder or any defect in it shall not affect its sufficiency Other than with respect to other Holders. If a notice to the Trustee, if a notice or communication is mailed given in the manner provided above within the time prescribed, it is duly given, whether or not the addressee receives it. If the Company or a Guarantor mails gives a notice or communication to Holders, it shall mail give a copy at the same time to the Trustee and each Agent at and, for so long as the same timeNotes are listed on the Luxembourg Stock Exchange, the Luxembourg Stock Exchange. In case by reason of the suspension of regular mail service, or by reason of any other cause, it shall be impossible to mail any notice required by this Indenture, then such method of notification as shall be made with the approval of the Trustee shall constitute a sufficient mailing of such notice. In no event shall an Agent, the Trustee or any other entity of The Bank of New York Mellon group (the “BNYM Group”) be liable for any claims, losses, liabilities, damages, costs, expenses and judgments (including legal fees and expenses) to any party arising from an Agent or any BNYM Group member receiving or transmitting any data from the Company, any person authorized by the Company or any party to this Indenture via any non-secure method of transmission or communication, such as, but without limitation, by facsimile or e-mail. The Company accepts that some methods of communication are not secure and the Trustee, an Agent or any other BNYM Group member shall incur no liability for receiving instructions via any such non-secure method. The Trustee, an Agent or any other BNYM Group member is authorized to comply with and rely upon any such notice, instructions or other communications believed by it to have been sent or given by a person authorized by the Company or an appropriate party to the transaction (or an authorized representative thereof). The Company or authorized officers of the Company shall use all reasonable endeavors to ensure that instructions transmitted to the Trustee, an Agent or any other BNYM Group member pursuant to this Indenture are complete and correct. Any instructions shall be conclusively deemed to be valid instructions from the Company or authorized officers of the Company to the Trustee, an Agent or any other BNYM Group member for the purposes of this Indenture.

Appears in 2 contracts

Sources: Indenture (CGG), Indenture (CGG Marine B.V.)

Notices. Any notice or communication by the Company, any Guarantor Issuer or the Trustee to the others is duly given if in writing and delivered in Person or mailed by first class mail (registered or certified, return receipt requested), telex, telecopier or overnight air courier guaranteeing next day delivery, to the others' address: If to the Company and/or any GuarantorIssuer: FiberTower Corporation GCI, Inc. ▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇, Suite 4800 San Francisco, CA 94107 Fax: ▇▇▇-▇▇▇-▇▇▇▇ Attention: Chief Financial Officer With a copy (which shall not constitute notice) to: ▇▇▇▇▇▇▇ ▇▇▇▇▇ LLP ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, Suite 4200 Houston, TX 77002 Fax: ▇▇▇-▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇ ▇▇▇▇▇-▇▇▇▇ Attention: W. Chief Financial Officer Fax: (▇▇▇) ▇▇▇-▇▇▇▇ With a copy to: ▇▇▇▇▇▇▇ & ▇▇▇▇▇▇ L.L.C. ▇▇▇ ▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇, Esq. If to the Trustee and/or Collateral Agent: ▇▇▇▇ Fargo Bank, National Association Corporate Trust Services ▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, 2nd Floor Dallas, TX ▇▇▇▇▇-▇▇▇▇ Fax: ▇▇▇-▇▇▇-▇▇▇▇ Attention: ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇, Esq. Fax: (▇▇▇) ▇▇▇-▇▇▇▇ If to the Trustee: The Bank of New York ▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇, Floor 8W New York, New York 10286 Attention: Corporate Trust Administration Fax: ▇▇▇-▇▇▇-▇▇▇▇ The Company, any Guarantor Issuer or the Trustee, by notice to the others may designate additional or different addresses for subsequent notices or communications. All notices and communications (other than those sent to Holders) shall be deemed to have been duly given: at the time delivered by hand, if personally delivered; five (5) Business Days after being deposited in the mail, postage prepaid, if mailed; when answered back, if telexed; when receipt acknowledged, if telecopied; and the next Business Day after timely delivery to the courier, if sent by overnight air courier guaranteeing next day delivery. Any notice or communication to a Holder shall be mailed by first class mail, certified or registered, return receipt requested, or by overnight air courier guaranteeing next day delivery to its address shown on the register kept by the Registrar. Any notice or communication shall also be so mailed to any Person described in TIA § ss. 313(c), to the extent required by the TIA. Failure to mail a notice or communication to a Holder or any defect in it shall not affect its sufficiency with respect to other Holders. If a notice or communication is mailed in the manner provided above within the time prescribed, it is duly given, whether or not the addressee receives it. If the Company or a Guarantor Issuer mails a notice or communication to Holders, it shall mail a copy to the Trustee and each Agent at the same time.

Appears in 2 contracts

Sources: Indenture (Gci Inc), Indenture (General Communication Inc)

Notices. Any notice or communication by the Company, any Guarantor or the Trustee to the others is duly given if in writing and delivered in Person person or mailed sent by first first-class mail (registered or certified, return receipt requested), telex, telecopier or overnight air courier guaranteeing next next-day delivery, to the others’ addressaddressed as follows: If to the Company and/or any Guarantor: FiberTower Corporation MarineMax, Inc. ▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇ Suite 200 Clearwater, Florida 33767 Attention: ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ Telephone: (▇▇▇) ▇▇▇-▇▇▇▇ Facsimile: (▇▇▇) ▇▇▇-▇▇▇▇ with a copy to: Holland & Knight, LLP ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇, Suite 4800 San Francisco, CA 94107 Fax: ▇▇-▇▇▇-▇▇▇▇ Attention: Chief Financial Officer With a copy (which shall not constitute notice) to: ▇▇▇▇▇▇▇ ▇▇▇▇▇ LLP ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, Suite 4200 Houston, TX 77002 Fax: ▇▇▇-▇▇▇-▇▇▇▇ Attention: W. ▇▇▇▇ ▇▇▇▇▇, Esq. If to the Trustee and/or Collateral Agent: ▇▇▇▇▇ Fargo Bank, National Association Corporate Trust Services ▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇, 2nd Floor Dallas, TX ▇▇▇▇▇-▇▇▇▇ Fax: ▇▇-▇▇▇-▇▇▇▇ Attention: ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇, Esq. Telephone: (▇▇▇) ▇▇▇-▇▇▇Facsimile: (▇▇▇) ▇▇▇-▇▇▇▇ If to the Trustee: Attention: Telephone: Facsimile: The Company, any Guarantor Company or the Trustee, Trustee by notice to the others other may designate additional or different addresses for subsequent notices or communications. All notices and communications (other than those sent to Holders) shall be deemed to have been duly given: at the time delivered by hand, if personally delivered; five (5) Business Days after being deposited in the mail, postage prepaid, if mailed; when answered back, if telexed; when receipt acknowledged, if telecopied; and the next Business Day after timely delivery to the courier, if sent by overnight air courier guaranteeing next next-day delivery. Any notice or communication to a Holder Securityholder shall be mailed by first first-class mail, certified or registered, return receipt requested, or by overnight air courier guaranteeing next day delivery to its his address shown on the register kept by the Registrar. Any notice or communication shall also be so mailed to any Person described in TIA § 313(c), to the extent required by the TIA. Failure to mail a notice or communication to a Holder Security holder or any defect in it shall not affect its sufficiency with respect to other HoldersSecurityholders. If the Company mails a notice or communication to Securityholders, it shall mail a copy to the Trustee at the same time. Any notice or communication shall also be mailed to any Person described in TIA Section 313(c), to the extent required by the TIA. If a notice or communication is mailed in the manner provided above within the time prescribed, it is duly given, whether or not the addressee receives it. If the Company or a Guarantor mails a notice or communication to Holders, it shall mail a copy to the Trustee and each Agent at the same time.

Appears in 2 contracts

Sources: Indenture (Marinemax Inc), Indenture (Marinemax Inc)

Notices. Any notice or communication by the CompanyIssuer, any Guarantor or Guarantor, the Trustee or any Paying Agent to the others is duly given if in writing and delivered in Person person, electronically transmitted (only in the case of notices or communications to the Trustee) or mailed by first first-class mail (registered or certified, return receipt requested), telex, telecopier ) or overnight air courier guaranteeing next day delivery, to the others’ address: If to the Company Issuer and/or any Guarantor: FiberTower Corporation Fortress Transportation and Infrastructure Investors LLC ▇▇▇▇ ▇▇▇▇▇▇ ▇▇ ▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇ Attention: ▇▇▇▇▇ ▇▇▇▇▇▇, Suite 4800 San Francisco, CA 94107 FaxSecretary If to the Trustee: U.S. Bank National Association ▇▇ ▇▇▇-▇▇▇-▇▇▇▇ Attention: Chief Financial Officer With a copy (which shall not constitute notice) to: ▇▇▇▇▇▇▇ ▇▇▇▇LLP St. ▇▇▇▇, MN 55107 Attention: ▇▇▇▇ ▇▇▇▇▇▇, Suite 4200 Houston, TX 77002 Fax: ▇▇▇-▇▇▇-▇▇▇▇ Attention: W. ▇▇▇▇ ▇▇▇▇▇. The Issuer, Esq. If to any Guarantor, the Trustee and/or Collateral or any Paying Agent: ▇▇▇▇▇ Fargo Bank, National Association Corporate Trust Services ▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, 2nd Floor Dallas, TX ▇▇▇▇▇-▇▇▇▇ Fax: ▇▇▇-▇▇▇-▇▇▇▇ Attention: ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇ The Company, any Guarantor or the Trustee, by notice to the others others, may designate additional or different addresses for subsequent notices or communications. All notices and communications (other than those sent to Holders) shall be deemed to have been duly given: at the time delivered by hand, if personally delivered; five (5) Business Days calendar days after being deposited in the mail, postage prepaid, if mailedmailed by first-class mail (or in the case of Notes in global form, on the date the notice is sent pursuant to the applicable procedures of the Depositary); when answered back, if telexed; when receipt acknowledged, if telecopied; and the next Business Day after timely delivery to the courier, if sent by overnight air courier guaranteeing next day delivery; and on the first date of which publication is made, if given by publication; and when sent, if sent electronically; provided that any notice or communication delivered to the Trustee shall be deemed effective upon actual receipt thereof. Any notice or communication to a Holder shall be mailed by first class mail, certified or registeredpostage prepaid, return receipt requested, or by overnight air courier guaranteeing next day delivery to its address shown on the register kept by the Registrar. Any notice Registrar or communication shall also be so mailed to any Person described otherwise in TIA § 313(c), to accordance with the extent required by procedures of the TIADepositary. Failure to mail a notice or communication to a Holder or any defect in it shall not affect its sufficiency with respect to other Holders. If a notice or communication is mailed in the manner provided above within the time prescribed, it is duly given, whether or not the addressee receives it. If the Company or a Guarantor Issuer mails a notice or communication to Holders, it shall mail a copy to the Trustee and each Agent at the same time.

Appears in 2 contracts

Sources: Indenture (Fortress Transportation & Infrastructure Investors LLC), Indenture (Fortress Transportation & Infrastructure Investors LLC)

Notices. Any notice or communication by the Company, any Guarantor Holdings or the Trustee to the others is duly given if in writing and delivered in Person or mailed by first class mail (registered or certified, return receipt requested), telex, telecopier or overnight air courier guaranteeing next day delivery, to the others' address: If to the Company and/or any GuarantorHoldings: FiberTower Corporation Anvil Knitwear, Inc. ▇▇▇ ▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇ Attention: ▇▇▇▇▇ ▇▇▇▇▇▇, Suite 4800 San Francisco, CA 94107 Fax▇▇▇ Telephone No.: (▇▇▇-) ▇▇▇-▇▇▇▇ AttentionTelecopier No.: Chief Financial Officer With a copy (which shall not constitute notice) to: ▇▇▇▇▇▇▇ ▇▇▇▇▇ LLP ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, Suite 4200 Houston, TX 77002 Fax: ▇▇▇-) ▇▇▇-▇▇▇▇ AttentionIf to the Trustee: W. ▇United States Trust Company of New York ▇▇▇ ▇▇▇▇▇, Esq. If to the Trustee and/or Collateral Agent: ▇▇▇▇▇ Fargo Bank, National Association Corporate Trust Services ▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, 2nd Floor Dallas, TX ▇▇▇▇ ▇▇▇▇▇ ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇ Attention: Corporate Trust Administration Telephone No.: (▇▇▇) ▇▇▇-▇▇▇▇ FaxTelecopier No.: (▇▇▇-) ▇▇▇-▇▇▇▇ Attention: ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇ The Company, any Guarantor Holdings or the Trustee, by notice to the others may designate additional or different addresses for subsequent notices or communications. All notices and communications (other than those sent to Holders) shall be deemed to have been duly given: at the time delivered by hand, if personally delivered; five (5) Business Days after being deposited in the mail, postage prepaid, if mailed; when answered back, if telexed; when receipt acknowledged, if telecopied; and the next Business Day after timely delivery to the courier, if sent by overnight air courier guaranteeing next day delivery. Any notice or communication to a Holder shall be mailed by first class mail, certified or registered, return receipt requested, or by overnight air courier guaranteeing next day delivery to its address shown on the register kept by the Registrar. Any notice or communication shall also be so mailed to any Person described in TIA § ss. 313(c), to the extent required by the TIATrust Indenture Act. Failure to mail a notice or communication to a Holder or any defect in it shall not affect its sufficiency with respect to other Holders. If a notice or communication is mailed in the manner provided above within the time prescribed, it is duly given, whether or not the addressee receives it. If the Company or a Guarantor Holdings mails a notice or communication to Holders, it shall mail a copy to the Trustee and each Agent at the same time.

Appears in 2 contracts

Sources: Indenture (Cottontops Inc), Indenture (Anvil Holdings Inc)

Notices. Any notice 12.1. All notices and other required communications ("Notices") to one of the Optionee or communication the Optionor by the Company, any Guarantor or the Trustee to the others is duly given if other shall be in writing and delivered in Person or mailed by first class mail (registered or certified, return receipt requested), telex, telecopier or overnight air courier guaranteeing next day delivery, to the others’ addressshall be addressed respectively as follows: If to the Company and/or any Guarantor: FiberTower Corporation ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇, Suite 4800 San Francisco, CA 94107 Fax: ▇▇▇-▇▇▇-▇▇▇▇ Attention: Chief Financial Officer With a copy (which shall not constitute notice) to: ▇▇▇▇▇▇▇ ▇▇▇▇▇ LLP ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, Suite 4200 Houston, TX 77002 Fax: ▇▇▇-▇▇▇-▇▇▇▇ Attention: W. ▇▇▇▇ ▇▇▇▇▇, Esq. If to the Trustee and/or Collateral Agent: ▇▇▇▇▇ Fargo Bank, National Association Corporate Trust Services ▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, 2nd Floor Dallas, TX ▇▇▇▇▇-▇▇▇▇ Fax: ▇▇▇-▇▇▇-▇▇▇▇ Attention: ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇ The CompanyP.0 Box 18127 ▇▇▇▇, any Guarantor or the Trustee▇▇▇▇▇▇ ▇▇▇▇▇, by notice to the others may designate additional or different addresses for subsequent notices or communications▇.▇.▇. Quicksilver Ventures (Nevada) Inc. ▇▇▇▇▇ ▇▇▇▇-▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇ Vancouver, B.C. V6C 1G8 Telecopier: (▇▇▇) ▇▇▇-▇▇▇▇ Attention: President and CEO All notices and communications (other than those sent to Holders) Notices shall be deemed to have been duly given: at the time delivered given (1) by hand, if personally delivered; five (5) Business Days after being deposited in the mail, postage prepaid, if mailed; when answered back, if telexed; when receipt acknowledged, if telecopied; and the next Business Day after timely personal delivery to the courieraddressee, if or (2) by electronic communication, with a confirmation sent by overnight air courier guaranteeing next day delivery. Any notice registered or communication to a Holder shall be mailed by first class mail, certified or registered, mail return receipt requested, or by overnight air courier guaranteeing commercial carrier or (3) by registered or certified mail return receipt requested, or commercial carrier. All Notices shall be effective and shall be deemed delivered (1) if by personal delivery on the date of delivery if delivered during normal business hours and, if not delivered during normal business hours, on the next business day delivery to following delivery, (2) if by electronic communication on the next business day following receipt of the electronic communication, and (3) if solely by mail or commercial carrier on the next business day after actual receipt. A party may change its address shown on by Notice to the register kept other party. 12.2. All payments by the Registrar. Any notice or communication shall also be so mailed to any Person described in TIA § 313(c), Optionee to the extent required Optionor under this Agreement shall be well and sufficiently made if a cheque payable to the Optionor in Canadian funds is sent by mail, postage prepaid, or deposited with a commercial carrier, and addressed to the TIA. Failure Optionor at its address for notices on or before the date on which such payment is to mail a notice or communication to a Holder or any defect in it shall not affect its sufficiency with respect to other Holdersbe made for the amount of the payment. If from time to time the Optionee mails a notice cheque to the Optionor, or communication is mailed deposits a cheque with a commercial carrier, in the manner provided above payment of an amount under this Agreement but not within the time prescribedspecified by such payment, it is duly giventhe Optionee will be deemed to have made the payment within the specified time and this Agreement including the Option will continue in full force and effect provided that, whether or not if the addressee receives it. If the Company or a Guarantor mails a Optionor gives written notice or communication to Holders, it shall mail a copy to the Trustee and each Agent at Optionee that such payment has not been made, such cheque is mailed by the same timeOptionee within 30 days of receipt of such notice.

Appears in 2 contracts

Sources: Option Agreement (Keegan Resources Inc.), Option Agreement (Keegan Resources Inc.)

Notices. Any notice or communication by the Company, any Guarantor or the Trustee to the others is duly given if in writing and delivered in Person person or mailed by first class mail (registered or certified, return receipt requested), telex, telecopier facsimile transmission or overnight air courier guaranteeing next day delivery, to the others’ address: If to the Company and/or or any Guarantor: FiberTower Corporation General Motors Financial Company, Inc. ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇, Suite 4800 San Francisco, CA 94107 Fax: ▇▇▇-▇▇ ▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇, ▇▇ ▇▇▇▇▇ Telecopier No.: (▇▇▇) ▇▇▇-▇▇▇▇ Attention: Chief Financial Officer With a copy (which shall not constitute notice) to: Hunton & ▇▇▇▇▇▇▇▇ ▇▇▇▇▇ LLP ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, Suite 4200 Houston, TX 77002 Fax: ▇▇▇-▇▇▇-▇▇▇▇ Attention: W. ▇▇▇▇ ▇▇▇▇▇, Esq. If to the Trustee and/or Collateral Agent: ▇▇▇▇▇ Fargo Bank, National Association Corporate Trust Services ▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, 2nd Floor Suite 3700 Dallas, TX 75202 Telecopier No.: (▇▇▇▇▇-▇▇▇▇ Fax: ▇▇▇-) ▇▇▇-▇▇▇▇ Attention: L. ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇ If to the Trustee: Facsimile No.: [ ] Attention: [ ] The Company, any Guarantor or the Trustee, by notice to the others others, may designate additional or different addresses for subsequent notices or communications. All notices and communications (other than those sent to Holders) shall will be deemed to have been duly given: at the time delivered by hand, if personally delivered; five (5) Business Days after being deposited in the mail, postage prepaid, if mailed; when answered back, if telexed; when receipt acknowledged, if telecopiedtransmitted by facsimile; and the next Business Day after timely delivery to the courier, if sent by overnight air courier guaranteeing next day delivery. Any notice or communication to a Holder shall will be mailed by first class mail, certified or registered, return receipt requested, or by overnight air courier guaranteeing next day delivery to its address shown on the register kept by the Registrar. Any notice or communication shall will also be so mailed to any Person described in TIA § §313(c), to the extent required by the TIA. Failure to mail a notice or communication to a Holder or any defect in it shall will not affect its sufficiency with respect to other Holders. If a notice or communication is mailed in the manner provided above within the time prescribed, it is duly given, whether or not the addressee receives it. If the Company or a Guarantor mails a notice or communication to Holders, it shall will 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 a 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 if given to the Depositary for such Security (or its designee) pursuant to customary procedures of such Depositary.

Appears in 2 contracts

Sources: Indenture (Americredit Financial Services Inc), Indenture (Americredit Financial Services Inc)

Notices. Any notice or communication by the Company, any Subsidiary Guarantor or the Trustee to the others is duly given if in writing and delivered in Person person or mailed by first first-class mail (registered or certified, return receipt requested), telex, telecopier facsimile or overnight air courier guaranteeing next day delivery, to the others’ other’s address: If to the Company and/or or any Guarantorof the Subsidiary Guarantors: FiberTower Corporation QVC, Inc. Studio Park, ▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇, Suite 4800 San Francisco, CA 94107 Fax: ▇▇▇-▇▇▇-▇▇▇▇ Attention: Chief Financial Officer With a copy (which shall not constitute notice) to: ▇▇▇▇▇▇▇ ▇▇▇▇▇ LLP ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇, Suite 4200 HoustonMC 203 West Chester, TX 77002 FaxPennsylvania 19382 Attention: Chief Financial Officer Facsimile No.: (▇▇▇-) ▇▇▇-▇▇▇▇ Attentionwith copies to: W. QVC, Inc. Studio Park, ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇, Esq. If to the Trustee and/or Collateral AgentMC 207 West Chester, Pennsylvania 19382 Attention: General Counsel Facsimile No.: (▇▇) ▇▇▇-▇▇▇▇ Fargo Bank, National Association Corporate Trust Services and Liberty Interactive Corporation ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, 2nd Floor Dallas, TX ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇ ▇▇▇▇▇ Attention: Treasurer Facsimile No.: (▇▇▇) ▇▇▇-▇▇▇▇ FaxIf to the Trustee: ▇▇▇-▇▇▇-▇▇▇▇ AttentionAttn: ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇ Telephone: Facsimile: The Company, any Subsidiary Guarantor or the Trustee, Trustee by notice to the others may designate additional or different addresses for subsequent notices or communications. All notices and communications (other than those sent to Holders) shall be deemed to have been duly given: at the time delivered by hand, if personally delivered; five (5) Business Days after being deposited in the mail, postage prepaid, if mailed; when answered back, if telexed; when receipt acknowledged, if telecopiedby facsimile; and the next Business Day after timely delivery to the courier, if sent by overnight air courier guaranteeing next day delivery. Any notice or communication to a Holder shall be mailed by first first-class mail, certified or registeredpostage prepaid, return receipt requested, or by overnight air courier guaranteeing next day delivery to its the Holder’s address shown on the register kept by the Registrar. Any notice or communication shall also be so mailed to any Person described in TIA § 313(c), to the extent required by the TIA. Failure to mail a notice or communication to a Holder or any defect in it shall not affect its sufficiency with respect to other Holders. If a notice or communication is mailed in the manner provided above within the time prescribed, it is duly given, whether or not the addressee receives it, except in the case of notice to the Trustee, it is duly given only when received. If the Company or a Subsidiary Guarantor mails a notice or communication to Holders, it shall mail a copy to the Trustee and each Agent at the same time. All notices or communications, including, without limitation, notices to the Trustee, the Company or a Subsidiary Guarantor by Holders, shall be in writing, except as otherwise set forth herein. In case by reason of the suspension of regular mail service, or by reason of any other cause, it shall be impossible to mail any notice required by this Indenture, then such method of notification as shall be made with the approval of the Trustee shall constitute a sufficient mailing of such notice.

Appears in 2 contracts

Sources: Senior Indenture (AMI 2, Inc.), Subordinated Indenture (AMI 2, Inc.)

Notices. Any notice or communication by the Company, any and Subsidiary Guarantor or the Trustee to the others is duly given if in writing and delivered in Person or mailed by first class mail (registered or certified, return receipt requested), telex, telecopier or overnight air courier guaranteeing next day delivery, to the others' address: If to the Company and/or or any Subsidiary Guarantor: FiberTower Corporation ▇▇▇ ▇Ocean Energy, Inc. ▇▇▇▇ ▇▇▇▇▇▇, Suite 4800 San Francisco, CA 94107 Fax: ▇▇▇-▇▇▇-▇▇▇▇ Attention: Chief Financial Officer With a copy (which shall not constitute notice) to: ▇▇▇▇▇▇▇ ▇▇▇▇▇ LLP ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, Suite 4200 Houston, TX 77002 Fax: ▇▇-▇▇▇-▇▇▇▇ Attention: W. ▇▇▇▇ ▇▇▇▇▇, Esq. If to the Trustee and/or Collateral Agent: ▇▇▇▇▇ Fargo Bank, National Association Corporate Trust Services ▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, 2nd Floor Dallas, TX ▇▇▇▇▇ ▇▇▇▇▇-▇▇▇▇ FaxTelecopy: (▇▇▇) ▇▇▇-▇▇▇▇ If to the Trustee: Norwest Bank Minnesota, National Association Sixth and Marquette ▇▇▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇-▇▇▇▇ Attention: Corporate Trust Operations Telecopy: (▇▇▇) ▇▇▇▇ ▇. ▇▇▇▇-▇▇▇▇ The Company, any Subsidiary Guarantor or the Trustee, by notice to the others may designate additional or different addresses for subsequent notices or communications. All notices and communications (other than those sent to Holders) shall be deemed to have been duly given: at the time delivered by hand, if personally delivered; five (5) Business Days after being deposited in the mail, postage prepaid, if mailed; when answered back, if telexed; when receipt acknowledged, if telecopied; and the next Business Day after timely delivery to the courier, if sent by overnight air courier guaranteeing next day delivery. Any notice or communication to a Holder shall be mailed by first class mail, certified or registered, return receipt requested, or by overnight air courier guaranteeing next day delivery to its address shown on the register kept by the Registrar. Any notice or communication shall also be so mailed to any Person described in TIA § (S) 313(c), to the extent required by the TIA. Failure to mail a notice or communication to a Holder or any defect in it shall not affect its sufficiency with respect to other Holders. If a notice or communication is mailed in the manner provided above within the time prescribed, it is duly given, whether or not the addressee receives it. If the Company or a Guarantor mails a notice or communication to Holders, it shall mail a copy to the Trustee and each Agent at the same time.

Appears in 2 contracts

Sources: Indenture (Ocean Energy Inc), Indenture (Ocean Energy Inc)

Notices. Any notice or communication by the CompanyIssuer, any Guarantor or the Trustee to the others is duly given if in writing and delivered in Person person or mailed by first first-class mail (registered or certified, return receipt requested), telexfacsimile, telecopier electronic mail (in “.pdf” format) or overnight air courier guaranteeing next day delivery, to the others’ address: If to the Company Issuer and/or any Guarantor: FiberTower Corporation Life Time, Inc. ▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇, Suite 4800 San Francisco, CA 94107 Fax: ▇▇▇-▇, ▇▇▇-▇▇▇▇ Attention: Chief Financial Officer With a copy (which shall not constitute notice) to: ▇▇▇▇▇▇▇ ▇▇▇▇▇ Attention: ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ / Chief Financial Officer Email: ▇▇▇▇▇▇▇▇▇@▇▇.▇▇▇▇ Facsimile: (▇▇▇) ▇▇▇-▇▇▇▇ with a copy to: ▇▇▇▇▇▇ & ▇▇▇▇▇▇▇ LLP ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇, ▇▇ ▇▇▇▇▇ Attention: ▇▇▇▇▇ ▇▇▇▇▇ Facsimile: (▇▇▇) ▇▇▇-▇▇▇▇ and Faegre Drinker ▇▇▇▇▇▇ & ▇▇▇▇▇ LLP 2200 ▇▇▇▇▇ Fargo Center ▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, Suite 4200 Houston, TX 77002 Fax: ▇▇▇-▇▇▇-▇▇▇▇ Attention: W. ▇▇▇▇ ▇▇▇▇▇, Esq. If to the Trustee and/or Collateral Agent: ▇▇▇▇▇ Fargo Bank, National Association Corporate Trust Services ▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, 2nd Floor Dallas, TX ▇▇▇▇▇-▇▇▇▇ Fax: ▇▇▇-▇▇▇-▇▇▇▇ Attention: ▇▇▇▇▇ ▇. ▇▇▇▇ Facsimile: (▇▇▇) ▇▇▇ ▇. ▇▇▇ If to the Trustee: Wilmington Savings Fund Society, FSB ▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ Attention: Corporate Trust – Life Time, Inc. Fax: (▇▇▇) ▇▇▇-▇▇▇▇ The CompanyIssuer, any Guarantor or the Trustee, by notice to the others others, may designate additional or different addresses for subsequent notices or communications. All notices and communications (other than those sent to Holders) shall be deemed to have been duly given: at the time delivered by hand, if personally delivered; five (5) Business Days calendar days after being deposited in the mail, postage prepaid, if mailedmailed by first-class mail; when answered back, if telexed; when receipt acknowledged, if telecopiedon the first date on which publication is made or electronic delivery made; and the next Business Day after timely delivery to the courier, if sent by overnight air courier guaranteeing next day delivery; provided that any notice or communication delivered to the Trustee shall be deemed effective upon actual receipt thereof. Any notice or communication to a Holder shall be electronically delivered, mailed by first first-class mail, certified or registered, return receipt requested, or by overnight air courier guaranteeing next day delivery to its address shown on the register Note Register kept by the Registrar. Any notice or communication shall also Notice given in accordance with the Applicable Procedures will be so mailed deemed given on the date sent to any Person described in TIA § 313(c), to the extent required by the TIADTC. Failure to mail deliver a notice or communication to a Holder or any defect in it shall not affect its sufficiency with respect to other Holders. If a notice or communication is mailed or otherwise delivered in the manner provided above within the time prescribed, it is such notice or communication shall be deemed duly given, whether or not the addressee receives it. If the Company Issuer delivers or a Guarantor mails a notice or communication to Holders, it shall deliver or mail a copy to the Trustee and each Agent at the same time.

Appears in 2 contracts

Sources: Indenture (Life Time Group Holdings, Inc.), Indenture (Life Time Group Holdings, Inc.)

Notices. Any notice or communication by the Company, Holdings, any Guarantor or the Trustee to the others is duly given if in writing and delivered in Person or mailed by first class mail (registered or certified, return receipt requested), telex, telecopier or overnight air courier guaranteeing next day delivery, to the others’ address: If to the Company Company, Holdings and/or any Guarantor: FiberTower Corporation TransDigm Inc. ▇▇▇▇ ▇▇▇▇ ▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, Suite 4800 San Francisco, CA 94107 Fax: ▇▇▇-, ▇▇▇▇ ▇▇▇▇▇ Facsimile No.: (▇▇▇) ▇▇▇-▇▇▇▇ Attention: Chief Financial Officer With a copy (which shall not constitute notice) to: ▇▇▇▇▇ Day ▇▇▇ ▇▇▇▇▇ LLP ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, Suite 4200 Houston, TX 77002 Fax: ▇▇▇-▇▇▇-▇▇▇▇ Attention: W. , ▇▇▇▇ ▇▇▇▇▇, Esq. If to the Trustee and/or Collateral Agent▇ Facsimile No.: (▇▇▇▇▇ Fargo Bank, National Association Corporate Trust Services ▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, 2nd Floor Dallas, TX ▇▇▇▇▇-▇▇▇▇ Fax: ▇▇▇-) ▇▇▇-▇▇▇▇ Attention: ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇, Esq. If to the Trustee: The Bank of New York Mellon Trust Company, N.A. ▇. ▇▇▇▇▇▇▇ Street, 7th Floor, Chicago, IL 60602 Facsimile No.: ▇▇▇-▇▇▇-▇▇▇▇ Attention: Corporate Trust Administration The Company, Holdings, any Guarantor or the Trustee, by notice to the others others, may designate additional or different addresses for subsequent notices or communications. All notices and communications (other than those sent to HoldersHolders or the Trustee) shall be deemed to have been duly given: at the time delivered by hand, if personally delivered; five (5) Business Days after being deposited in the mail, postage prepaid, if mailed; when answered back, if telexed; when receipt acknowledged, if telecopied; and the next Business Day after timely delivery to the courier, if sent by overnight air courier guaranteeing next day delivery. All notices and communications sent to the Trustee shall be deemed to have been duly given when actually received. Any notice or communication to a Holder shall be mailed by first class mail, certified or registered, return receipt requested, or by overnight air courier guaranteeing next day delivery to its address shown on the register kept by the Registrar. Any notice or communication shall also be so mailed to any Person described in TIA § 313(c), to the extent required by the TIA. Failure to mail a notice or communication to a Holder Holder, or any defect in it it, shall not affect its sufficiency with respect to other Holders. The Trustee agrees to accept and act upon instructions or directions pursuant to this Indenture sent by unsecured e-mail, facsimile transmission or other similar unsecured electronic methods; provided, however, that (a) the party providing such written instructions, subsequent to such transmission of written instructions, shall provide the originally executed instructions or directions to the Trustee in a timely manner and (b) such originally executed instructions or directions shall be signed by an authorized representative of the party providing such instructions or directions. If the party elects to give the Trustee e-mail or facsimile instructions (or instructions by a similar electronic method), and the Trustee, in its discretion, elects to act upon such instructions, the Trustee’s understanding of such instructions shall be deemed controlling. The Trustee shall not be liable for any losses, costs or expenses arising directly or indirectly from the Trustee’s reliance upon, and compliance with, such instructions notwithstanding if such instructions conflict or are inconsistent with a subsequent written instruction. The party providing electronic instructions agrees to assume all risks arising out of the use of such electronic methods to submit instructions and directions to the Trustee, including the risk of the Trustee acting on unauthorized instructions and the risk of interception and misuse by third parties. If a notice or communication is mailed in the manner provided above within the time prescribed, it is duly given, whether or not the addressee receives it. If the Company or a Guarantor mails a notice or communication to Holders, it shall mail a copy to the Trustee Trustee, each Paying Agent and each Agent the Registrar at the same time.

Appears in 2 contracts

Sources: Indenture (TransDigm Group INC), Indenture (TransDigm Group INC)

Notices. Any notice or communication by the Company, any Guarantor Company or the Trustee to the others other is duly given if in writing and delivered in Person person or mailed by first class mail (registered or certified, return receipt requested), telex, telecopier or overnight air courier guaranteeing next day delivery, to the others' address: If to the Company and/or any GuarantorCompany: FiberTower Corporation Pennsylvania Real Estate Investment Trust The Bellevue ▇▇▇ ▇. ▇▇▇▇ ▇▇▇▇▇▇, Suite 4800 San Francisco, CA 94107 Fax: ▇▇▇-▇▇▇-▇▇▇▇ Attention: Chief Financial Officer With a copy (which shall not constitute notice) to: ▇▇▇▇▇▇▇ ▇▇▇▇▇ LLP ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, Suite 4200 Houston, TX 77002 Fax: ▇▇▇-▇▇▇-▇▇▇▇ Attention: W. ▇▇▇▇ ▇▇▇▇▇, Esq. If to the Trustee and/or Collateral Agent: ▇▇▇▇▇ Fargo Bank, National Association Corporate Trust Services ▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, 2nd Floor Dallas, TX ▇▇ ▇▇▇▇▇-▇ Facsimile No. (▇▇▇▇ Fax: ▇▇▇-) ▇▇▇-▇▇▇▇ Attention: ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇- 52 - If to the Trustee: ------------------------------------ ------------------------------------ ------------------------------------ ------------------------------------ The Company, any Guarantor Company or the Trustee, by notice to the others may designate additional or different addresses for subsequent notices or communications. All notices and communications (other than those sent to Holders) shall be deemed to have been duly given: at the time delivered by hand, if personally delivered; five (5) Business Days after being deposited in the mail, postage prepaid, if mailed; when answered back, if telexed; when receipt acknowledgedacknowledged or confirmed, if telecopied; and the next Business Day after timely delivery to the courier, if sent by overnight air courier guaranteeing next day delivery. Any notice or communication to a Holder shall be mailed by first class mail, certified or registered, return receipt requested, mail or by overnight air courier guaranteeing next day delivery to its address shown on the register kept by the Registrar. Any notice or communication shall also be so mailed to any Person described in TIA § ss. 313(c), to the extent required by the TIA. Failure to mail a notice or communication to a Holder or any defect in it shall not affect its sufficiency with respect to other Holders. If a notice or communication is mailed in the manner provided above within the time prescribed, it is duly given, whether or not the addressee receives it. If the Company or a Guarantor mails a notice or communication to Holders, it shall mail a copy to the Trustee and each Agent at the same time.

Appears in 2 contracts

Sources: Subordinated Indenture (Pennsylvania Real Estate Investment Trust), Subordinated Indenture (Pennsylvania Real Estate Investment Trust)

Notices. Any notice All notices, requests or communication demands to be given under this Agreement from one party to the other (collectively, “Notices” and individually a “Notice”) shall be in writing and shall be given by personal delivery, or by overnight courier service for next Business Day delivery at the other party’s address set forth below, or by telecopy transmission at the other party’s facsimile telephone number set forth below. Notices given by personal delivery (i.e., by the sending party or a messenger) shall be deemed given on the date of delivery. Notices given by overnight courier service shall be deemed given upon deposit with the overnight courier service and Notices given by telecopy transmission shall be deemed given on the date of transmission provided such transmission is completed by 5:00 p.m. (sending party’s local time) on a Business Day, otherwise delivery by transmission shall be deemed to occur on the next succeeding Business Day. If any party’s address is a business, receipt, or the refusal to accept delivery, by a receptionist or by any person in the employ of such party, shall be deemed actual receipt by the party of Notices. The term, Business Day, means any day other than Saturday, Sunday or any other day on which national banks are required or are authorized to be closed in Chicago, Illinois. Notices may be issued by an attorney for a party and in such case such Notices shall be deemed given by such party. The parties’ addresses are as follows If to the Company, any Guarantor or the Trustee to the others is duly given if in writing and delivered in Person or mailed by first class mail to: Inland Residential Properties Trust, Inc. ▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇ Oak Brook, IL 60523 Attention: ▇▇. ▇▇▇▇▇▇▇▇ Sabshon, President Telephone: (registered or certified▇▇▇) ▇▇▇-▇▇▇▇ Facsimile: (▇▇▇) ▇▇▇-▇▇▇▇ With a copy to: Inland Residential Business Manager & Advisor, return receipt requested)Inc. ▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇ Oak Brook, telexIL 60523 Attention: ▇▇. ▇▇▇▇▇▇▇ ▇. Matlin, telecopier or overnight air courier guaranteeing next day deliveryVice President Telephone: (▇▇▇) ▇▇▇-▇▇▇▇ Facsimile: (▇▇▇) ▇▇▇-▇▇▇▇ With a copy to: Inland Residential Properties Trust, to the others’ addressInc. ▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇ Oak Brook, IL 60523 Attention: Chairman of Audit Committee Telephone: (▇▇▇) ▇▇▇-▇▇▇▇ Facsimile: (▇▇▇) ▇▇▇-▇▇▇▇ If to the Company and/or any GuarantorManager, to: FiberTower Corporation Inland Residential Real Estate Services LLC ▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇ Oak Brook, IL 60523 Attention: ▇▇. ▇▇▇▇▇ ▇▇▇▇▇▇, Suite 4800 San Francisco, CA 94107 Fax: ▇▇▇-▇ Telephone: (▇▇▇) ▇▇▇-▇▇▇▇ AttentionFacsimile: Chief Financial Officer With a copy (which shall not constitute notice) to: ▇▇▇▇▇▇▇ ▇▇▇▇▇ LLP ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, Suite 4200 Houston, TX 77002 Fax: ▇▇▇-) ▇▇▇-▇▇▇▇ Attention: W. ▇▇▇▇ ▇▇▇▇▇, Esq. If A party’s address for Notice may be changed from time to time by notice given to the Trustee and/or Collateral Agent: ▇▇▇▇▇ Fargo Bank, National Association Corporate Trust Services ▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, 2nd Floor Dallas, TX ▇▇▇▇▇-▇▇▇▇ Fax: ▇▇▇-▇▇▇-▇▇▇▇ Attention: ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇ The Company, any Guarantor or the Trustee, by notice to the others may designate additional or different addresses for subsequent notices or communications. All notices and communications (other than those sent to Holders) shall be deemed to have been duly given: at the time delivered by hand, if personally delivered; five (5) Business Days after being deposited in the mail, postage prepaid, if mailed; when answered back, if telexed; when receipt acknowledged, if telecopied; and the next Business Day after timely delivery to the courier, if sent by overnight air courier guaranteeing next day delivery. Any notice or communication to a Holder shall be mailed by first class mail, certified or registered, return receipt requested, or by overnight air courier guaranteeing next day delivery to its address shown on the register kept by the Registrar. Any notice or communication shall also be so mailed to any Person described in TIA § 313(c), to the extent required by the TIA. Failure to mail a notice or communication to a Holder or any defect in it shall not affect its sufficiency with respect to other Holders. If a notice or communication is mailed party in the manner herein provided above within for giving Notice. Copies of Notices are for informational purposes only, and a failure to give or receive copies of any Notice shall not be deemed a failure to give notice, and shall in no way adversely affect the time prescribed, it is duly given, whether or not effectiveness of such Notice given to the addressee receives it. If the Company or a Guarantor mails a notice or communication to Holders, it shall mail a copy to the Trustee and each Agent at the same timeparty.

Appears in 2 contracts

Sources: Master Real Estate Management Agreement (Inland Residential Properties Trust, Inc.), Master Real Estate Management Agreement (Inland Residential Properties Trust, Inc.)

Notices. Any notice or communication by the Company, any Guarantor or the Trustee to the others is duly given if in writing and delivered in Person person or mailed by first first-class mail (registered or certified, return receipt requested), telex, telecopier fax or overnight air courier guaranteeing next day delivery, to the others’ address: If to the Company and/or any Guarantor: FiberTower Corporation ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇Cogent Communications Group, Suite 4800 San Francisco, CA 94107 Fax: ▇▇▇-▇▇▇-▇▇▇▇ Attention: Chief Financial Officer With a copy (which shall not constitute notice) to: ▇▇▇▇▇▇▇ ▇▇▇▇▇ LLP ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, Suite 4200 Houston, TX 77002 Fax: ▇▇▇-▇▇▇-▇▇▇▇ Attention: W. ▇▇▇▇ ▇▇▇▇▇, Esq. If to the Trustee and/or Collateral Agent: ▇▇▇▇▇ Fargo Bank, National Association Corporate Trust Services Inc. ▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, 2nd Floor Dallas, TX ▇.▇. ▇▇▇▇▇-▇▇▇▇▇, ▇.▇. ▇▇▇▇▇ FaxFacsimile: (▇▇▇-) ▇▇▇-▇▇▇▇ Attention: ▇▇▇▇▇▇ ▇▇▇▇▇ If to the Trustee: Wilmington Trust, National Association ▇▇▇ ▇. ▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇ Facsimile: (▇▇▇) ▇▇▇-▇▇▇▇ Attention: Cogent Administrator The Company, any Guarantor or the Trustee, by notice to the others others, may designate additional or different addresses for subsequent notices or communications. All notices and communications (other than those sent to Holders) shall be deemed to have been duly given: at the time delivered by hand, if personally delivered; five (5) Business Days calendar days after being deposited in the mail, postage prepaid, if mailed; when answered back, if telexedmailed by first-class mail; when receipt acknowledged, if telecopiedfaxed; and the next Business Day after timely delivery to the courier, if sent by overnight air courier guaranteeing next day delivery. Any notice or communication to a Holder shall be mailed by first first-class mail, certified or registered, return receipt requested, or by overnight air courier guaranteeing next day delivery to its address shown on the register kept by the Registrar. Any notice or communication shall also be so mailed to any Person described in TIA § Trust Indenture Act Section 313(c), to the extent required by the TIATrust Indenture Act. Failure to mail a notice or communication to a Holder or any defect in it shall not affect its sufficiency with respect to other Holders. If a notice or communication is mailed So long as the Notes are registered in the manner name of DTC, any notices to be provided above within to the time prescribed, it is duly given, whether or not the addressee receives itHolders may be provided by electronic means in accordance with DTC’s operational procedures. If the Company or a Guarantor mails a notice or communication to Holders, it shall mail a copy to the Trustee and each Agent at the same time.

Appears in 2 contracts

Sources: Indenture (Cogent Communications Holdings, Inc.), Indenture

Notices. Any notice or communication by the Company, any Guarantor or the Trustee to the others is duly shall be sufficiently given if in writing and delivered in Person person or mailed by first class certified or registered mail (registered or certified, return receipt requested), telexfacsimile, telecopier or overnight air courier guaranteeing next day delivery, to the others’ addressaddressed as follows: If to the Company and/or or any Subsidiary Guarantor: FiberTower Chesapeake Energy Corporation 6▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇, Suite 4800 San Francisco, CA 94107 Fax: ▇▇▇-▇▇▇-▇▇▇▇ Attention: Chief Financial Officer With a copy (which shall not constitute notice) to: ▇▇▇▇▇▇▇ ▇▇▇▇▇ LLP ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, Suite 4200 Houston, TX 77002 Fax: ▇▇ ▇▇▇-▇, ▇▇▇▇▇▇▇▇ ▇▇▇▇▇ Attention: Treasurer Fax: (▇▇▇) ▇▇▇-▇▇▇▇ Attention: W. ▇▇▇▇ ▇▇▇▇▇, Esq. If to the Trustee and/or Collateral AgentTrustee: The Bank of New York Trust Company, N.A. 2 ▇▇▇▇ Fargo Bank, National Association Corporate Trust Services ▇▇▇▇ ▇▇▇▇ . ▇▇▇▇▇▇▇ Street Suite 1020 Chicago, 2nd Floor Dallas, TX IL 60602 Attention: Corporate Trust Administration Fax: (▇▇▇) ▇▇▇-▇▇▇▇ Fax: ▇▇▇-▇▇▇-▇▇▇▇ Attention: ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇ The Company, Company or any Subsidiary Guarantor or the Trustee, Trustee by notice to the others other may designate additional or different addresses for subsequent notices or communications. All notices and communications (other than those sent to Holders) shall be deemed to have been duly given: at the time delivered by hand, if personally delivered; five (5) Business Days after being deposited in the mail, postage prepaid, if mailed; when answered back, if telexed; when receipt acknowledged, if faxed or telecopied; and the next Business Day after timely delivery to the courier, if sent by overnight air courier guaranteeing next day delivery. Any notice or communication mailed to a Holder shall be mailed by first first-class mail, certified or registered, return receipt requested, or by overnight air courier guaranteeing next day delivery mail to its the address shown for such Holder appearing on the register kept by registration books of the Registrar. Any notice or communication Registrar and shall also be sufficiently given to such Holder if so mailed to any Person described in TIA § 313(c), to within the extent required by the TIAtime prescribed. Failure to mail a notice or communication to a Holder or any defect in it shall not affect its sufficiency with respect to other Holders. If a notice or communication is mailed in the manner provided above within the time prescribedabove, it is duly given, whether or not the addressee receives it. If the Company or a any Subsidiary Guarantor mails a notice or communication communications 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 if given to the Depositary for such Security (or its designee), pursuant to the customary procedures of such 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

Sources: Indenture (Chesapeake Energy Corp), Indenture (Chesapeake Energy Corp)

Notices. Any notice or communication by the Company, any Guarantor or the Trustee to the others is duly given if in writing and delivered in Person or mailed by first class mail (registered or certified, return receipt requested), telexfacsimile transmission, telecopier electronic image scan or overnight air courier guaranteeing next day delivery, to the others’ address: If to the Company and/or any Guarantor: FiberTower Six Flags Entertainment Corporation ▇▇▇ ▇▇▇▇▇▇ ▇ ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇, Suite 4800 San Francisco, CA 94107 Fax: ▇▇▇-▇▇ ▇▇▇▇▇ Facsimile No.: (▇▇▇) ▇▇▇-▇▇▇▇ Attention: Chief Financial Officer With a copy (which shall not constitute notice) to: ▇▇▇▇▇▇▇▇ & ▇▇▇▇▇ LLP ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇ LLP ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, Suite 4200 Houston, TX 77002 Fax: ▇▇▇-▇▇-▇▇▇▇ Attention: W. ▇▇▇▇ ▇▇▇▇▇, Esq. If to the Trustee and/or Collateral Agent▇ Facsimile No.: (▇▇▇▇▇ Fargo Bank, National Association Corporate Trust Services ▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, 2nd Floor Dallas, TX ▇▇▇▇▇-▇▇▇▇ Fax: ▇▇▇-) ▇▇▇-▇▇▇▇ Attention: ▇▇▇▇▇▇ ▇. ▇▇▇▇▇, P.C. If to the Trustee: U.S. Bank National Association Global Corporate Trust Services ▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇ Facsimile No.: (▇▇▇) ▇▇▇-▇▇▇▇ Attention: ▇▇▇▇▇ ▇▇▇▇▇ The Company, any Guarantor or the Trustee, by notice to the others others, may designate additional or different addresses for subsequent notices or communications. All notices and communications (other than those sent to Holders) shall will be deemed to have been duly given: at the time delivered by hand, if personally delivered; on the first date on which publication was made, if by publication; five (5) Business Days calendar days after being deposited in the mail, postage prepaid, if mailed; when answered back, if telexed; when receipt acknowledged, if telecopiedtransmitted by facsimile or electronic image scan; and the next Business Day after timely delivery to the courier, if sent by overnight air courier guaranteeing next day delivery; provided that any notice or communication delivered to the Trustee shall also be deemed effective upon actual receipt thereof. Any notice or communication to a Holder shall will be mailed by first class mail, certified or registered, return receipt requested, or by overnight air courier guaranteeing next day delivery or other equivalent means in accordance with the accepted procedures of DTC to its address shown on the security register kept by the Registrar. Any notice or communication shall also be so mailed to any Person described in TIA § 313(c), to the extent required by the TIA. Failure to mail or send by electronic transmission (for Notes held in book-entry form) a notice or communication to a Holder or any defect in it shall will not affect its sufficiency with respect to other Holders. If a notice or communication is mailed or sent by electronic transmission (for Notes held in book-entry form) in the manner provided above within the time prescribed, it is duly given, whether or not the addressee receives it. If the Company Notwithstanding any other provision of this Indenture or any Note, where this Indenture or any Note provides for notice of any event (including any notice of redemption or purchase) to a Guarantor mails Holder of a Global Note (whether by mail or otherwise), such notice or communication to Holders, it shall mail a copy be sufficiently given if given to the Trustee and each Agent Depositary, including by electronic mail in accordance with accepted practices at the same timeDepositary.

Appears in 2 contracts

Sources: Indenture (Six Flags Entertainment Corp), Indenture (Six Flags Entertainment Corp)

Notices. Any notice or communication by the Company, any Guarantor or the Trustee to the others is duly given if in writing and delivered in Person or mailed by first class mail (registered or certified, return receipt requested), telex, telecopier or overnight air courier guaranteeing next day delivery, to the others’ others address: If to the Company and/or any GuarantorCompany: FiberTower Corporation Guitar Center, Inc. ▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇ Facsimile: (▇▇▇) ▇▇▇-▇▇▇▇ Attention: General Counsel With a copy to: ▇▇▇▇▇▇▇▇ & ▇▇▇▇▇ LLP ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇, Suite 4800 San Francisco, CA 94107 Fax: ▇▇▇-▇▇▇-▇▇▇▇ Attention: Chief Financial Officer With a copy (which shall not constitute notice) to: ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇ ▇▇▇▇▇ LLP Facsimile: (▇▇▇) ▇▇▇-▇▇▇▇ Attention: ▇▇▇▇▇▇ ▇. ▇▇▇▇▇ If to the Trustee: The Bank of New York Mellon Trust Company, N.A. ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, Suite 4200 Houston, TX 77002 Fax: ▇▇▇-▇▇ ▇▇▇ ▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇ Fax: (▇▇▇) ▇▇▇-▇▇▇▇ Attention: W. ▇▇▇▇ ▇▇▇▇▇, Esq. If to the Trustee and/or Collateral Agent: ▇▇▇▇▇ Fargo Bank, National Association Corporate Trust Services ▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, 2nd Floor Dallas, TX ▇▇▇▇▇-▇▇▇▇ Fax: ▇▇▇-▇▇▇-▇▇▇▇ Attention: ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇ Unit The Company, any Guarantor Company or the Trustee, by notice to the others other, may designate additional or different addresses for subsequent notices or communications. All notices and communications (other than those sent to Holders) shall be deemed to have been duly given: at the time delivered by hand, if personally delivered; five (5) Business Days after being deposited in the mail, postage prepaid, if mailed; when answered back, if telexed; when receipt acknowledged, if telecopied; and the next Business Day after timely delivery to the courier, if sent by overnight air courier guaranteeing promising next day Business Day delivery. Any notice or communication to a Holder shall be mailed by first class mail, certified or registered, return receipt requested, mail or by overnight air courier guaranteeing promising next day Business Day delivery to its address shown on the register kept by the Registrar. Any notice or communication shall also be so mailed to any Person described in TIA § 313(c), to the extent required by the TIA. Failure to mail a notice or communication to a Holder or any defect in it shall not affect its sufficiency with respect to other Holders. The Trustee agrees to accept and act upon facsimile transmission of written instructions and/or directions pursuant to this Indenture given by the Company, provided, however that: (i) the Company, subsequent to such facsimile transmission of written instructions and/or directions, shall provide the originally executed instructions and/or directions to the Trustee in a timely manner and (ii) such originally executed instructions and/or directions shall be signed by an authorized officer of the Company. If a notice or communication is mailed in the manner provided above within the time prescribed, it is duly given, whether or not the addressee receives it, except in the case of notices or communications given to the Trustee, which shall be effective only upon actual receipt. If the Company or a Guarantor mails a notice or communication to Holders, it shall mail a copy to the Trustee and each Agent at the same time.

Appears in 2 contracts

Sources: Credit Agreement (Music123, Inc.), Credit Agreement (Music123, Inc.)

Notices. Any notice or communication by the Company, any Company and/or a Subsidiary Guarantor or the Trustee to the others other is duly given if in writing and delivered in Person person or mailed by first class mail (registered or certified, return receipt requested), telexelectronic delivery (PDF format only), telecopier facsimile transmission or overnight air courier guaranteeing next next-day delivery, to the others’ other’s address: If to the Company and/or any or a Subsidiary Guarantor: FiberTower Corporation ▇▇Videotron Ltd. 61▇ ▇▇. ▇▇ ▇▇▇▇▇▇, Suite 4800 San Francisco, CA 94107 Fax: ▇▇▇-▇▇▇-▇▇▇▇ Attention: Chief Financial Officer With a copy (which shall not constitute notice) to: ▇▇▇▇▇▇▇ ▇▇▇▇▇ LLP ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, Suite 4200 Houston18th Floor Montréal, TX 77002 FaxQuébec, H3C 4M8 Canada Attention: Corporate Secretary Facsimile No.: (▇▇▇-) ▇▇▇-▇▇▇▇ AttentionE-mail: W. ▇▇▇▇ ▇▇▇▇▇, Esq. If to the Trustee and/or Collateral Agent▇.▇▇▇▇▇▇@▇▇▇▇▇▇▇▇.▇▇▇ And to: ▇▇▇▇▇ Fargo Bank, National Association Corporate Trust Services ▇▇▇▇▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇.▇▇With a copy to: Norton ▇▇▇▇ ▇▇▇▇▇▇, 2nd Floor Dallas, TX ▇▇▇ Canada LLP 1 ▇▇▇▇▇ ▇▇▇▇▇-▇▇▇▇ Fax: ▇▇▇-▇▇▇-▇▇▇▇ Suite 2500 Montréal, QC H3B 1R1 Attention: ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇▇ Facsimile No.: (▇▇▇) ▇▇▇-▇▇▇▇ E-mail: ▇▇▇▇▇.▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ If to the Trustee: Computershare Trust Company of Canada 15▇▇ ▇▇▇▇▇▇-▇▇▇▇▇▇▇▇ Boulevard, 7th Floor Montréal, Québec H3A 3S8 Attention: Manager, Corporate Trust Services Facsimile No.: (▇▇▇) ▇▇▇-▇▇▇▇ E-mail: ▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ The Company, any Guarantor Company or the Trustee, by notice to the others other, may designate additional or different addresses for subsequent notices or communications. All notices and communications (other than those sent to Holdersthe Trustee) shall be deemed to have been duly given: at the time delivered electronically, if delivered by way of electronic means; at the time delivered by hand, if personally delivered; five (5) Business Days after being deposited in the mail, postage prepaid, if mailed; when answered back, if telexed; when receipt acknowledged, if telecopiedsent by facsimile transmission; and the next Business Day after timely delivery to the courier, if sent by overnight air courier guaranteeing next next-day delivery. All notices and communications to the Trustee shall be deemed duly given and effective only upon receipt. Any notice or communication to a Holder shall be (i) mailed by first class mail, certified or registered, return receipt requested, or by overnight air courier guaranteeing next next-day delivery to its address shown on the register kept Security Register or (ii) provided by the Registrar. Any notice or communication shall also be so mailed to any Person described in TIA § 313(c), way of electronic means acceptable to the extent required by Trustee and the TIADepository jointly, as applicable. Failure to mail a notice or communication to a Holder or any defect in it shall not affect its sufficiency with respect to other Holders. Notwithstanding anything to the contrary contained in this Indenture, as long as the Notes are in the form of a Global Note, notice to the Holders shall be made electronically in accordance with procedures of the Depositary and shall be sufficiently given if so made in accordance with such procedures. Notwithstanding any other provisions of this Indenture, the Trustee may, in its sole discretion, agree in writing to accept communications under, and agree to accept and act upon instructions or directions pursuant to, this Indenture sent by e-mail, facsimile transmission or other similar electronic methods, without the requirement for any copy to be sent by facsimile or mailed. If the party elects to give the Trustee e-mail or facsimile instructions (or instructions by a similar electronic method) and the Trustee in its discretion elects to act upon such instructions, the Trustee’s understanding of such instructions shall be deemed controlling. The party providing electronic communications, notices or instructions agrees to assume all risks arising out of the use of such electronic methods to submit instructions and directions to the Trustee, including the risk of the Trustee acting on unauthorized instructions, and the risk or interception and misuse by third parties. If a notice or communication is mailed given in the manner provided above within the time prescribed, it is duly given, whether or not the addressee receives it. If the Company or a Guarantor mails gives a notice or communication to Holders, it shall mail furnish a copy to the Trustee and each Agent at the same time.

Appears in 2 contracts

Sources: Indenture (Quebecor Media Inc), Indenture (Videotron Ltee)

Notices. Any notice or communication by the Company, any Guarantor or the Trustee to the others is duly given if in writing and delivered in Person or mailed by first class mail (registered or certified, return receipt requested), telex, telecopier facsimile transmission or overnight air courier guaranteeing next day delivery, to the others’ address: If to the Company and/or any Guarantor: FiberTower Corporation ▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇, Suite 4800 San Francisco, CA 94107 Fax: ▇▇▇-▇▇ Unisys Way Blue Bell, Pennsylvania 19424 Facsimile No.: (▇▇▇) ▇▇▇-▇▇▇▇ Attention: Chief Financial Officer Treasurer With a copy (which shall not constitute notice) to: ▇▇▇▇▇▇ ▇▇▇▇▇ LLP ▇▇▇▇▇▇▇ Unisys Way Blue Bell, Pennsylvania 19424 Facsimile No.: (▇▇▇) ▇▇▇-▇▇▇▇ Attention: General Counsel If to the Trustee: Deutsche Bank Trust Company Americas Trust & Securities Services ▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇-▇▇▇▇▇-▇▇▇▇ ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ 10005 Attention: Corporates Team Deal Manager – Unisys Telephone No.: (▇▇▇) ▇▇▇-▇▇▇▇ Facsimile No.: (▇▇▇) ▇▇▇-▇▇▇▇ With a copy to: Deutsche Bank Trust Company Americas c/o Deutsche Bank National Trust Company Trust & Securities Services ▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, Suite 4200 HoustonMS SUM01-0105 Summit, TX 77002 FaxNew Jersey 07901 Attention: Corporates Team Deal Manager – Unisys Telephone No.: (▇▇▇-) ▇▇▇-▇▇▇▇ AttentionFacsimile No.: W. (▇▇▇▇ ▇▇▇▇▇, Esq. If to the Trustee and/or Collateral Agent: ▇▇▇▇▇ Fargo Bank, National Association Corporate Trust Services ▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, 2nd Floor Dallas, TX ▇▇) ▇▇▇-▇▇▇▇ Fax: ▇▇▇-▇▇▇-▇▇▇▇ Attention: ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇ The Company, any Guarantor or the Trustee, by notice to the others others, may designate additional or different addresses for subsequent notices or communications. All notices and communications (other than those sent to Holders) shall will be deemed to have been duly given: at the time delivered by hand, if personally delivered; five (5) Business Days after being deposited in the mail, postage prepaid, if mailed; when answered back, if telexed; when receipt acknowledged, if telecopiedtransmitted by facsimile; and the next Business Day after timely delivery to the courier, if sent by overnight air courier guaranteeing next day delivery. Any notice or communication to a Holder shall will be mailed by first class mail, certified or registered, return receipt requested, or by overnight air courier guaranteeing next day delivery to its address shown on the register kept by the Registrar. Any notice or communication shall also be so mailed to any Person described in TIA § 313(c), to the extent required by the TIA. Failure to mail a notice or communication to a Holder or any defect in it shall will not affect its sufficiency with respect to other Holders. If a notice or communication is mailed in the manner provided above within the time prescribed, it is duly given, whether or not the addressee receives it. If the Company or a Guarantor mails a notice or communication to Holders, it shall will mail a copy to the Trustee and each Agent at the same time.

Appears in 2 contracts

Sources: Indenture (Unisys Corp), Indenture (Unisys Corp)