Common use of Reports, Notices and Demands Clause in Contracts

Reports, Notices and Demands. (a) Any report, notice, demand or other communication that by any provision of this Trust Agreement is required or permitted to be given or served to or upon any Holder or the Depositor may be given or served in writing delivered in person, or by reputable, overnight courier, by telecopy or by deposit thereof, first-class postage prepaid, in the United States mail, addressed, (a) in the case of a Holder of Preferred Securities, to such Holder as such Holder's name and address may appear on the Securities Register; and (b) in the case of the Holder of all the Common Securities or the Depositor, to NorthStar Realty Finance Limited Partnership, 000 Xxxxxxx Xxxxxx, Xxx Xxxx, XX 00000, Attention: Xxxxxxx X. XxXxxxxx, or to such other address as may be specified in a written notice by the Holder of all the Common Securities or the Depositor, as the case may be, to the Property Trustee. Such report, notice, demand or other communication to or upon a Holder or the Depositor shall be deemed to have been given when received in person, within one (1) Business Day following delivery by overnight courier, when telecopied with receipt confirmed, or within three (3) Business Days following delivery by mail, except that if a notice or other document is refused delivery or cannot be delivered because of a changed address of which no notice was given, such notice or other document shall be deemed to have been delivered on the date of such refusal or inability to deliver.

Appears in 5 contracts

Samples: Trust Agreement (Northstar Realty), Trust Agreement (Northstar Realty), Trust Agreement (Northstar Realty)

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Reports, Notices and Demands. (a) Any report, notice, demand or other communication that by any provision of this Trust Agreement is required or permitted to be given or served to or upon any Holder or the Depositor may be given or served in writing delivered in person, or by reputable, overnight courier, by telecopy or by deposit thereof, first-class postage prepaid, in the United States mail, addressed, (a) in the case of a Holder of Preferred Securities, to such Holder as such Holder's name and address may appear on the Securities Register; and (b) in the case of the Holder of all the Common Securities or the Depositor, to NorthStar Realty Finance Limited PartnershipHanmi Financial Corporation, 000 Xxxxxxx Xxxxxx0000 Xxxxxxxx Xxxx., Xxxxxxxxx X, Xxx XxxxXxxxxxx, XX 00000, Attention: Xxxxxxx X. XxXxxxxxChief Financial Officer, or to such other address as may be specified in a written notice by the Holder of all the Common Securities or the Depositor, as the case may be, to the Property Trustee. Such report, notice, demand or other communication to or upon a Holder or the Depositor shall be deemed to have been given when received in person, within one (1) Business Day following delivery by overnight courier, when telecopied with receipt confirmed, or within three (3) Business Days following delivery by mail, except that if a notice or other document is refused delivery or cannot be delivered because of a changed address of which no notice was given, such notice or other document shall be deemed to have been delivered on the date of such refusal or inability to deliver.

Appears in 3 contracts

Samples: Trust Agreement (Hanmi Financial Corp), Trust Agreement (Hanmi Financial Corp), Trust Agreement (Hanmi Financial Corp)

Reports, Notices and Demands. (a) Any report, notice, demand or other communication that by any provision of this Trust Agreement is required or permitted to be given or served to or upon any Holder or the Depositor may be given or served in writing delivered in person, or by reputable, overnight courier, by telecopy or by deposit thereof, first-class postage prepaid, in the United States mail, addressed, (a) in the case of a Holder of Preferred Securities, to such Holder as such Holder's ’s name and address may appear on the Securities Register; and (b) in the case of the Holder of all the Common Securities or the Depositor, to NorthStar Realty Finance Limited PartnershipNovaStar Financial, 000 Xxxxxxx XxxxxxInc., Xxx Xxxx0000 Xxxx Xxxxxxx, XX 00000Suite 300, Kansas City, MO 64114, Attention: Xxxxxxx X. XxXxxxxxXxxx, or to such other address as may be specified in a written notice by the Holder of all the Common Securities or the Depositor, as the case may be, to the Property Trustee. Such report, notice, demand or other communication to or upon a Holder or the Depositor shall be deemed to have been given when received in person, within one (1) Business Day following delivery by overnight courier, when telecopied with receipt confirmed, or within three (3) Business Days following delivery by mail, except that if a notice or other document is refused delivery or cannot be delivered because of a changed address of which no notice was given, such notice or other document shall be deemed to have been delivered on the date of such refusal or inability to deliver.

Appears in 3 contracts

Samples: Trust Agreement (Novastar Financial Inc), Trust Agreement (Novastar Financial Inc), Trust Agreement (Novastar Financial Inc)

Reports, Notices and Demands. (a) Any report, notice, demand or other communication that by any provision of this Trust Agreement is required or permitted to be given or served to or upon any Holder or the Depositor may be given or served in writing delivered in person, or by reputable, overnight courier, by telecopy or by deposit thereof, first-class postage prepaid, in the United States mail, addressed, (a) in the case of a Holder of Preferred Securities, to such Holder as such Holder's ’s name and address may appear on the Securities Register; and (b) in the case of the Holder of all the Common Securities or the Depositor, to NorthStar Realty Finance Limited PartnershipImpac Mortgage Holdings, 000 Xxxxxxx Inc., 0000 Xxxx Xxxxxx, Xxx XxxxXxxxxxx Xxxxx, XX 00000, Attention: Xxxxxxx X. XxXxxxxxXxxxxxx, or to such other address as may be specified in a written notice by the Holder of all the Common Securities or the Depositor, as the case may be, to the Property Trustee. Such report, notice, demand or other communication to or upon a Holder or the Depositor shall be deemed to have been given when received in person, within one (1) Business Day following delivery by overnight courier, when telecopied with receipt confirmed, or within three (3) Business Days following delivery by mail, except that if a notice or other document is refused delivery or cannot be delivered because of a changed address of which no notice was given, such notice or other document shall be deemed to have been delivered on the date of such refusal or inability to deliver.

Appears in 3 contracts

Samples: Trust Agreement (Impac Mortgage Holdings Inc), Trust Agreement (Impac Mortgage Holdings Inc), Trust Agreement (Impac Mortgage Holdings Inc)

Reports, Notices and Demands. (a) Any report, notice, demand or other communication that by any provision of this Trust Agreement is required or permitted to be given or served to or upon any Holder or the Depositor may be given or served in writing delivered in person, or by reputable, overnight courier, by telecopy or by deposit thereof, first-class postage prepaid, in the United States mail, addressed, (a) in the case of a Holder of Preferred Securities, to such Holder as such Holder's name and address may appear on the Securities Register; and (b) in the case of the Holder of all the Common Securities or the Depositor, to NorthStar Realty Finance Limited PartnershipUnited Community Bancorp, 000 Xxxxxxx Xxxxxx, Xxx 0000 Xxxxxx Xxxxxx Xxxxx Xxxx, XX Xxxxxxx, Xxxxx Xxxxxxxx 00000, Attention: Xxxxxxx X. XxXxxxxxChief Executive Officer, or to such other address as may be specified in a written notice by the Holder of all the Common Securities or the Depositor, as the case may be, to the Property Trustee. Such report, notice, demand or other communication to or upon a Holder or the Depositor shall be deemed to have been given when received in person, within one (1) Business Day following delivery by overnight courier, 57 when telecopied with receipt confirmed, or within three (3) Business Days following delivery by mail, except that if a notice or other document is refused delivery or cannot be delivered because of a changed address of which no notice was given, such notice or other document shall be deemed to have been delivered on the date of such refusal or inability to deliver.

Appears in 2 contracts

Samples: Trust Agreement (United Community Bancorp), Trust Agreement (United Community Bancorp)

Reports, Notices and Demands. (a) Any report, notice, demand or other communication that by any provision of this Trust Agreement is required or permitted to be given or served to or upon any Holder or the Depositor may be given or served in writing delivered in person, or by reputable, overnight courier, by telecopy or by deposit thereof, first-class postage prepaid, in the United States mail, addressed, (ai) in the case of a Holder of Preferred Securities, to such Holder as such Holder's ’s name and address may appear on the Securities Register; and (bii) in the case of the Holder of all the Common Securities or the Depositor, to NorthStar Realty Finance Limited PartnershipNovaStar Financial, 000 Inc., 0000 Xxxxxxx Xxxxxx, Xxx Xxxxx 000, Xxxxxx Xxxx, XX 00000, Attention: Xxxxxxx X. XxXxxxxxChief Executive Officer, or to such other address as may be specified in a written notice by the Holder of all the Common Securities or the Depositor, as the case may be, to the Property Trustee. Such report, notice, demand or other communication to or upon a Holder or the Depositor shall be deemed to have been given when received in person, within one (1) Business Day following delivery by overnight courier, when telecopied with receipt confirmed, or within three (3) Business Days following delivery by mail, except that if a notice or other document is refused delivery or cannot be delivered because of a changed address of which no notice was given, such notice or other document shall be deemed to have been delivered on the date of such refusal or inability to deliver.

Appears in 2 contracts

Samples: Trust Agreement (Novastar Financial Inc), Trust Agreement (Novastar Financial Inc)

Reports, Notices and Demands. (a) Any report, notice, demand or other communication that by any provision of this Trust Agreement is required or permitted to be given or served to or upon any Holder or the Depositor may be given or served in writing delivered in person, or by reputable, overnight courier, by telecopy or by deposit thereof, first-class postage prepaid, in the United States mail, addressed, (a) in the case of a Holder of Preferred Securities, to such Holder as such Holder's ’s name and address may appear on the Securities Register; and (b) in the case of the Holder of all the Common Securities or the Depositor, to NorthStar Realty Finance Limited PartnershipPacific Crest Capital, 000 Inc., 00000 Xxxxxxx Xxxxxx, Xxx XxxxXxxxxx Xxxxx, XX 00000, Attention: Xxxxxxx Xxxxxx X. XxXxxxxxXxxxxx, or to such other address as may be specified in a written notice by the Holder of all the Common Securities or the Depositor, as the case may be, to the Property Trustee. Such report, notice, demand or other communication to or upon a Holder or the Depositor shall be deemed to have been given when received in person, within one (1) Business Day following delivery by overnight courier, when telecopied with receipt confirmed, or within three (3) Business Days following delivery by mail, except that if a notice or other document is refused delivery or cannot be delivered because of a changed address of which no notice was given, such notice or other document shall be deemed to have been delivered on the date of such refusal or inability to deliver.

Appears in 2 contracts

Samples: Trust Agreement (Pacific Crest Capital Inc), Trust Agreement (Pacific Crest Capital Inc)

Reports, Notices and Demands. (a) Any report, notice, demand or other communication that by any provision of this Trust Agreement is required or permitted to be given or served to or upon any Holder or the Depositor may be given or served in writing delivered in person, or by reputable, overnight courier, by telecopy or by deposit thereof, first-class postage prepaid, in the United States mail, addressed, (a) in the case of a Holder of Preferred Securities, to such Holder as such Holder's name and address may appear on the Securities Register; and (b) in the case of the Holder of all the Common Securities or the Depositor, to NorthStar Realty Finance Limited PartnershipStifel Financial Corp., 000 Xxxxxxx Xxxxxx500 X. Xxxxxxxx, Xxx Xxxx0xx Xxxxx, Xx. Xxxxx, XX 00000, Attention: Xxxxxxx X. XxXxxxxxChief Financial Officer, or to such other address as may be specified in a written notice by the Holder of all the Common Securities or the Depositor, as the case may be, to the Property Trustee. Such report, notice, demand or other communication to or upon a Holder or the Depositor shall be deemed to have been given when received in person, within one (1) Business Day following delivery by overnight courier, when telecopied with receipt confirmed, or within three (3) Business Days following delivery by mail, except that if a notice or other document is refused delivery or cannot be delivered because of a changed address of which no notice was given, such notice or other document shall be deemed to have been delivered on the date of such refusal or inability to deliver.

Appears in 2 contracts

Samples: Trust Agreement (Stifel Financial Corp), Trust Agreement (Stifel Financial Corp)

Reports, Notices and Demands. (a) Any report, notice, demand or other communication that by any provision of this Trust Agreement is required or permitted to be given or served to or upon any Holder or the Depositor may be given or served in writing delivered in person, or by reputable, overnight courier, by telecopy or by deposit thereof, first-class postage prepaid, in the United States mail, addressed, (a) in the case of a Holder of Preferred Securities, to such Holder as such Holder's ’s name and address may appear on the Securities Register; and (b) in the case of the Holder of all the Common Securities or the Depositor, to NorthStar Realty Finance Limited PartnershipDesert Capital REIT, 000 Xxxxxxx XxxxxxInc., Xxx Xxxx0000 Xxxxxxxx Xxxxx, XX 00000Xxxxx 000, Xxxxxxxxx, NV 89014, Attention: Xxxxxxx X. XxXxxxxxXxxxxxxx Xxxxx, or to such other address as may be specified in a written notice by the Holder of all the Common Securities or the Depositor, as the case may be, to the Property Trustee. Such report, notice, demand or other communication to or upon a Holder or the Depositor shall be deemed to have been given when received in person, within one (1) Business Day following delivery by overnight courier, when telecopied with receipt confirmed, or within three (3) Business Days following delivery by mail, except that if a notice or other document is refused delivery or cannot be delivered because of a changed address of which no notice was given, such notice or other document shall be deemed to have been delivered on the date of such refusal or inability to deliver.

Appears in 2 contracts

Samples: Trust Agreement (Desert Capital Reit Inc), Trust Agreement (Desert Capital Reit Inc)

Reports, Notices and Demands. (a) Any report, notice, demand or other communication that by any provision of this Trust Agreement is required or permitted to be given or served to or upon any Holder or the Depositor may be given or served in writing delivered in person, or by reputable, overnight courier, by telecopy or by deposit thereof, first-class postage prepaid, in the United States mail, addressed, (a) in the case of a Holder of Preferred Trust Capital Securities, to such Holder as such Holder's ’s name and address may appear on the Securities Register; and (b) in the case of the Holder of all the Common Securities or the Depositor, to NorthStar Realty Finance Limited Partnership, 000 Xxxxxxx National City Corporation 1000 Xxxx Xxxxx Xxxxxx, Xxx XxxxXxxxxxxxx, XX Xxxx 00000, Attention: Xxxxxxx X. XxXxxxxxChief Financial Officer, or to such other address as may be specified in a written notice by the Holder of all the Common Securities or the Depositor, as the case may be, to the Property Trustee. Such report, notice, demand or other communication to or upon a Holder or the Depositor shall be deemed to have been given when received in person, within one (1) Business Day following delivery by overnight courier, when telecopied with receipt confirmed, or within three (3) Business Days following delivery by mail, except that if a notice or other document is refused delivery or cannot be delivered because of a changed address of which no notice was given, such notice or other document shall be deemed to have been delivered on the date of such refusal or inability to deliver.

Appears in 2 contracts

Samples: Trust Agreement (National City Corp), Trust Agreement (National City Corp)

Reports, Notices and Demands. (a) Any report, notice, demand or other communication that by any provision of this Trust Agreement is required or permitted to be given or served to or upon any Holder or the Depositor may be given or served in writing delivered in person, or by reputable, overnight courier, by telecopy or by deposit thereof, first-class postage prepaid, in the United States mail, addressed, (a) in the case of a Holder of Preferred Securities, to such Holder as such Holder's ’s name and address may appear on the Securities Register; and (b) in the case of the Holder of all the Common Securities or the Depositor, to NorthStar Realty Finance Limited Partnership, 000 Xxxxxxx XxxxxxMacon Bancorp, Xxx XxxxXxxxxx Xxxxx, XX Xxxxxxxx, Xxxxx Xxxxxxxx 00000, Attention: Xxxxxxx X. XxXxxxxxChief Financial Officer, or to such other address as may be specified in a written notice by the Holder of all the Common Securities or the Depositor, as the case may be, to the Property Trustee. Such report, notice, demand or other communication to or upon a Holder or the Depositor shall be deemed to have been given when received in person, within one (1) Business Day following delivery by overnight courier, when telecopied with receipt confirmed, or within three (3) Business Days following delivery by mail, except that if a notice or other document is refused delivery or cannot be delivered because of a changed address of which no notice was given, such notice or other document shall be deemed to have been delivered on the date of such refusal or inability to deliver.

Appears in 2 contracts

Samples: Trust Agreement (Macon Financial Corp.), Trust Agreement (Entegra Financial Corp.)

Reports, Notices and Demands. (a) Any report, notice, demand or other communication that by any provision of this Trust Agreement is required or permitted to be given or served to or upon any Holder or the Depositor may be given or served in writing delivered in person, or by reputable, overnight courier, by telecopy or by deposit thereof, first-class postage prepaid, in the United States mail, addressed, (a) in the case of a Holder of Preferred Securities, to such Holder as such Holder's ’s name and address may appear on the Securities Register; and (b) in the case of the Holder of all the Common Securities or the Depositor, to NorthStar Realty Finance Limited PartnershipCapital Trust, Inc., 000 Xxxxxxx Xxxx Xxxxxx, 00xx Xxxxx, Xxx Xxxx, XX Xxx Xxxx 00000, Attention: Xxxxxxx X. XxXxxxxxXxxxxxxx Xxxxxx, or to such other address as may be specified in a written notice by the Holder of all the Common Securities or the Depositor, as the case may be, to the Property Trustee. Such report, notice, demand or other communication to or upon a Holder or the Depositor shall be deemed to have been given when received in person, within one (1) Business Day following delivery by overnight courier, when telecopied with receipt confirmed, or within three (3) Business Days following delivery by mail, except that if a notice or other document is refused delivery or cannot be delivered because of a changed address of which no notice was given, such notice or other document shall be deemed to have been delivered on the date of such refusal or inability to deliver.

Appears in 2 contracts

Samples: Trust Agreement (Capital Trust Inc), Trust Agreement (Capital Trust Inc)

Reports, Notices and Demands. (a) Any report, notice, demand or other communication that by any provision of this Trust Agreement is required or permitted to be given or served to or upon any Holder or the Depositor may be given or served in writing delivered in person, or by reputable, overnight courier, by telecopy or by deposit thereof, first-class postage prepaid, in the United States mail, addressed, (a) in the case of a Holder of Preferred Securities, to such Holder as such Holder's ’s name and address may appear on the Securities Register; and (b) in the case of the Holder of all the Common Securities or the Depositor, to NorthStar Realty Finance Limited PartnershipAnworth Mortgage Asset Corporation, 000 Xxxxxxx 0000 Xxxxx Xxxxxx, Xxx XxxxXxxxx 000, Xxxxx Xxxxxx, XX 00000, Attention: Xxxxxxx X. XxXxxxxxXxxxx XxXxxxx, or to such other address as may be specified in a written notice by the Holder of all the Common Securities or the Depositor, as the case may be, to the Property Trustee. Such report, notice, demand or other communication to or upon a Holder or the Depositor shall be deemed to have been given when received in person, within one (1) Business Day following delivery by overnight courier, when telecopied with receipt confirmed, or within three (3) Business Days following delivery by mail, except that if a notice or other document is refused delivery or cannot be delivered because of a changed address of which no notice was given, such notice or other document shall be deemed to have been delivered on the date of such refusal or inability to deliver.

Appears in 2 contracts

Samples: Trust Agreement (Anworth Mortgage Asset Corp), Trust Agreement (Anworth Mortgage Asset Corp)

Reports, Notices and Demands. (a) Any report, notice, demand or other communication that by any provision of this Trust Agreement is required or permitted to be given or served to or upon any Holder or the Depositor may be given or served in writing delivered in person, or by reputable, overnight courier, by telecopy or by deposit thereof, first-class postage prepaid, in the United States mail, addressed, (a) in the case of a Holder of Preferred Securities, to such Holder as such Holder's ’s name and address may appear on the Securities Register; and (b) in the case of the Holder of all the Common Securities or the Depositor, to NorthStar Realty Finance Limited PartnershipGKK Capital LP, 000 Xxxxxxx Xxxxxxxxx Xxxxxx, Xxx Xxxx, XX 00000, Attention: Xxxxxxx X. XxXxxxxxXxxxxx, with a copy to Xxxxxxxx Chance US LLP, 00 Xxxx 00xx Xxxxxx, Xxx Xxxx, XX 00000, Attention: Xxxxx X. Xxxxxxxxx, or to such other address as may be specified in a written notice by the Holder of all the Common Securities or the Depositor, as the case may be, to the Property Trustee. Such report, notice, demand or other communication to or upon a Holder or the Depositor shall be deemed to have been given when received in person, within one (1) Business Day following delivery by overnight courier, when telecopied with receipt confirmed, or within three (3) Business Days following delivery by mail, except that if a notice or other document is refused delivery or cannot be delivered because of a changed address of which no notice was given, such notice or other document shall be deemed to have been delivered on the date of such refusal or inability to deliver.

Appears in 2 contracts

Samples: Trust Agreement (Gramercy Capital Corp), Trust Agreement (Gramercy Capital Corp)

Reports, Notices and Demands. (a) Any report, notice, demand or other communication that by any provision of this Trust Agreement is required or permitted to be given or served to or upon any Holder or the Depositor may be given or served in writing delivered in person, or by reputable, overnight courier, by telecopy or by deposit thereof, first-class postage prepaid, in the United States mail, addressed, (a) in the case of a Holder of Preferred Trust Capital Securities, to such Holder as such Holder's name and address may appear on the Securities Register; and (b) in the case of the Holder of all the Common Securities or the Depositor, to NorthStar Realty Finance Limited Partnership, 000 Xxxxxxx National City Corporation 0000 Xxxx Xxxxx Xxxxxx, Xxx XxxxXxxxxxxxx, XX Xxxx 00000, Attention: Xxxxxxx X. XxXxxxxxChief Financial Officer, or to such other address as may be specified in a written notice by the Holder of all the Common Securities or the Depositor, as the case may be, to the Property Trustee. Such report, notice, demand or other communication to or upon a Holder or the Depositor shall be deemed to have been given when received in person, within one (1) Business Day following delivery by overnight courier, when telecopied with receipt confirmed, or within three (3) Business Days following delivery by mail, except that if a notice or other document is refused delivery or cannot be delivered because of a changed address of which no notice was given, such notice or other document shall be deemed to have been delivered on the date of such refusal or inability to deliver.

Appears in 2 contracts

Samples: Trust Agreement (National City Corp), Trust Agreement (National City Corp)

Reports, Notices and Demands. (a) Any report, notice, demand or other communication that by any provision of this Trust Agreement is required or permitted to be given or served to or upon any Holder or the Depositor may be given or served in writing delivered in person, or by reputable, overnight courier, by telecopy or by deposit thereof, first-class postage prepaid, in the United States mail, addressed, (a) in the case of a Holder of Preferred Securities, to such Holder as such Holder's ’s name and address may appear on the Securities Register; and (b) in the case of the Holder of all the Common Securities or the Depositor, to NorthStar Realty Finance Limited PartnershipGreat Wolf Resorts, 000 Xxxxxxx Inc. 0000 Xxxxxxxx Xxxx Xxxxx, Xxxxx 000, Xxxxx Xxxxxx, Xxx Xxxx, XX Xxxxxxxx 00000, Attention: Xxxxxxx X. XxXxxxxxTreasurer, or to such other address as may be specified in a written notice by the Holder of all the Common Securities or the Depositor, as the case may be, to the Property Trustee. Such report, notice, demand or other communication to or upon a Holder or the Depositor shall be deemed to have been given when received in person, within one (1) Business Day following delivery by overnight courier, when telecopied with receipt confirmed, or within three (3) Business Days following delivery by mail, except that if a notice or other document is refused delivery or cannot be delivered because of a changed address of which no notice was given, such notice or other document shall be deemed to have been delivered on the date of such refusal or inability to deliver.

Appears in 2 contracts

Samples: Trust Agreement (Great Wolf Resorts, Inc.), Trust Agreement (Great Wolf Resorts, Inc.)

Reports, Notices and Demands. (a) Any report, notice, demand or other communication that by any provision of this Trust Agreement is required or permitted to be given or served to or upon any Holder or the Depositor may be given or served in writing delivered in person, or by reputable, overnight courier, by telecopy or by deposit thereof, first-class postage prepaid, in the United States mail, addressed, (a) in the case of a Holder of Trust Preferred Securities, to such Holder as such Holder's ’s name and address may appear on the Securities Register; and (b) in the case of the Holder of all the Common Securities or the Depositor, to NorthStar Realty Finance Limited PartnershipTemecula Valley Bancorp Inc., 000 Xxxxxxx 00000 Xxxxxxxxx Xxxxxx, Xxx XxxxXxxxx X000, Xxxxxxxx, XX 00000, Attention: Xxxxxxx X. XxXxxxxxChief Financial Officer, or to such other address as may be specified in a written notice by the Holder of all the Common Securities or the Depositor, as the case may be, to the Property Trustee. Such report, notice, demand or other communication to or upon a Holder or the Depositor shall be deemed to have been given when received in person, within one (1) Business Day following delivery by overnight courier, when telecopied with receipt confirmed, or within three (3) Business Days following delivery by mail, except that if a notice or other document is refused delivery or cannot be delivered because of a changed address of which no notice was given, such notice or other document shall be deemed to have been delivered on the date of such refusal or inability to deliver.

Appears in 2 contracts

Samples: Trust Agreement (Temecula Valley Bancorp Inc), Trust Agreement (Temecula Valley Bancorp Inc)

Reports, Notices and Demands. (a) Any report, notice, demand or other communication that by any provision of this Trust Agreement is required or permitted to be given or served to or upon any Holder or the Depositor may be given or served in writing delivered in person, or by reputable, overnight courier, by telecopy or by deposit thereof, first-class postage prepaid, in the United States mail, addressed, (a) in the case of a Holder of Preferred Securities, to such Holder as such Holder's ’s name and address may appear on the Securities Register; and (b) in the case of the Holder of all the Common Securities or the Depositor, to NorthStar Realty Finance Limited PartnershipHomeBanc Corp. 0000 Xxxxxx Xxxx., 000 Xxxxxxx XxxxxxXxxxx 000, Xxx XxxxXxxxxxx, XX 00000, Attention: Xxxxxxx X. XxXxxxxxChief Investment Officer, or to such other address as may be specified in a written notice by the Holder of all the Common Securities or the Depositor, as the case may be, to the Property Trustee. Such report, notice, demand or other communication to or upon a Holder or the Depositor shall be deemed to have been given when received in person, within one (1) Business Day following delivery by overnight courier, when telecopied with receipt confirmed, or within three (3) Business Days following delivery by mail, except that if a notice or other document is refused delivery or cannot be delivered because of a changed address of which no notice was given, such notice or other document shall be deemed to have been delivered on the date of such refusal or inability to deliver.

Appears in 2 contracts

Samples: Trust Agreement (Homebanc Corp), Trust Agreement (Homebanc Corp)

Reports, Notices and Demands. (a) Any report, notice, demand or other communication that by any provision of this Trust Agreement is required or permitted to be given or served to or upon any Holder or the Depositor may be given or served in writing delivered in person, or by reputable, overnight courier, by telecopy or by deposit thereof, first-class postage prepaid, in the United States mail, addressed, (a) in the case of a Holder of Preferred Securities, to such Holder as such Holder's ’s name and address may appear on the Securities Register; and (b) in the case of the Holder of all the Common Securities or the Depositor, to NorthStar Realty Finance Limited PartnershipResource Capital Corp., 000 Xxxxxxx Xxxxx Xxxxxx, 00xx Xxxxx, Xxx Xxxx, XX Xxx Xxxx 00000, Attention: Xxxxxxx X. XxXxxxxxXxxxxx Xxxxxxx, Chief Financial Officer, or to such other address as may be specified in a written notice by the Holder of all the Common Securities or the Depositor, as the case may be, to the Property Trustee. Such report, notice, demand or other communication to or upon a Holder or the Depositor shall be deemed to have been given when received in person, within one (1) Business Day following delivery by overnight courier, when telecopied with receipt confirmed, or within three (3) Business Days following delivery by mail, except that if a notice or other document is refused delivery or cannot be delivered because of a changed address of which no notice was given, such notice or other document shall be deemed to have been delivered on the date of such refusal or inability to deliver.

Appears in 2 contracts

Samples: Trust Agreement (Resource Capital Corp.), Trust Agreement (Resource Capital Corp.)

Reports, Notices and Demands. (a) Any report, notice, demand or other communication that by any provision of this Trust Agreement is required or permitted to be given or served to or upon any Holder or the Depositor may be given or served in writing delivered in person, or by reputable, overnight courier, by telecopy or by deposit thereof, first-class postage prepaid, in the United States mail, addressed, (a) in the case of a Holder of Preferred Securities, to such Holder as such Holder's name and address may appear on the Securities Register; and (b) in the case of the Holder of all the Common Securities or the Depositor, to NorthStar Realty Finance Limited PartnershipLocal Financial Corporation, 000 Xxxxxxx Xxxxxx3601 N.W. 63rd Street, Xxx XxxxOklahoma City, XX 00000Oklahoma 73116, Attention: Xxxxxxx Edwxxx X. XxXxxxxxXxxxxxxx, or to such other address as may be xx xx xxxx xxxxx xxxxxxx xx xxx xx specified in a written notice by x xxxxxxx xxxxxx xy the Holder of all the Common Securities or the Depositor, as the case may be, to the Property Trustee. Such report, notice, demand or other communication to or upon a Holder or the Depositor shall be deemed to have been given when received in person, within one (1) Business Day following delivery by overnight courier, when telecopied with receipt confirmed, or within three (3) Business Days following delivery by mail, except that if a notice or other document is refused delivery or cannot be delivered because of a changed address of which no notice was given, such notice or other document shall be deemed to have been delivered on the date of such refusal or inability to deliver.

Appears in 1 contract

Samples: Trust Agreement (Local Financial Corp /Nv)

Reports, Notices and Demands. (a) Any report, notice, demand or other communication that by any provision of this Trust Agreement is required or permitted to be given or served to or upon any Holder or the Depositor may be given or served in writing delivered in person, or by reputable, overnight courier, by telecopy or by deposit thereof, first-class postage prepaid, in the United States mail, addressed, (a) in the case of a Holder of Preferred Securities, to such Holder as such Holder's name and address may appear on the Securities Register; and (b) in the case of the Holder of all the Common Securities or the Depositor, to NorthStar Realty Finance Limited PartnershipMercantile Bank Corporation, 000 Xxxxxxx Xxxxxx0000 Xxxxx Xxxxxx Avenue SW, Xxx XxxxWyoming, XX 00000Michigan, 49509, Attention: Xxxxxxx X. XxXxxxxxChief Financial Officer, or to such other address as may be specified in a written notice by the Holder of all the Common Securities or the Depositor, as the case may be, to the Property Trustee. Such report, notice, demand or other communication to or upon a Holder or the Depositor shall be deemed to have been given when received in person, within one (1) Business Day following delivery by overnight courier, when telecopied with receipt confirmed, or within three (3) Business Days following delivery by mail, except that if a notice or other document is refused delivery or cannot be delivered because of a changed address of which no notice was given, such notice or other document shall be deemed to have been delivered on the date of such refusal or inability to deliver.

Appears in 1 contract

Samples: Trust Agreement (Mercantile Bank Corp)

Reports, Notices and Demands. (a) Any report, notice, demand or other communication that by any provision of this Trust Agreement is required or permitted to be given or served to or upon any Holder or the Depositor may be given or served in writing delivered in person, or by reputable, overnight courier, by telecopy or by deposit thereof, first-class postage prepaid, in the United States mail, addressed, (a) in the case of a Holder of Preferred Securities, to such Holder as such Holder's ’s name and address may appear on the Securities Register; and (b) in the case of the Holder of all the Common Securities or the Depositor, to NorthStar Realty Finance Limited PartnershipUnited Bancorporation of Alabama, 000 Xxxxxxx Inc., X.X. Xxx 0, Xxxxxx, Xxx Xxxx, XX Xxxxxxx 00000, Attention: Xxxxxxx X. XxXxxxxxChief Financial Officer, or to such other address as may be specified in a written notice by the Holder of all the Common Securities or the Depositor, as the case may be, to the Property Trustee. Such report, notice, demand or other communication to or upon a Holder or the Depositor shall be deemed to have been given when received in person, within one (1) Business Day following delivery by overnight courier, when telecopied with receipt confirmed, or within three (3) Business Days following delivery by mail, except that if a notice or other document is refused delivery or cannot be delivered because of a changed address of which no notice was given, such notice or other document shall be deemed to have been delivered on the date of such refusal or inability to deliver.

Appears in 1 contract

Samples: Trust Agreement (United Bancorporation of Alabama Inc)

Reports, Notices and Demands. (a) Any report, notice, demand or other communication that by any provision of this Trust Agreement is required or permitted to be given or served to or upon any Holder or the Depositor may be given or served in writing delivered in person, or by reputable, overnight courier, by telecopy or by deposit thereof, first-class postage prepaid, in the United States mail, addressed, (a) in the case of a Holder of Preferred Securities, to such Holder as such Holder's name and address may appear on the Securities Register; and (b) in the case of the Holder of all the Common Securities or the Depositor, to NorthStar Realty Finance Limited PartnershipState National Bancshares, 000 Xxxxxxx Inc., 0000 Xxxxxxxx Xxxxxx, Xxx XxxxXxxxxxx, XX Xxxxx 00000, Attention: Xxxxxxx X. XxXxxxxxXxx Xxxxxxx, or to such other address as may be specified in a written notice by the Holder of all the Common Securities or the Depositor, as the case may be, to the Property Trustee. Such report, notice, demand or other communication to or upon a Holder or the Depositor shall be deemed to have been given when received in person, within one (1) Business Day following delivery by overnight courier, when telecopied with receipt confirmed, or within three (3) Business Days following delivery by mail, except that if a notice or other document is refused delivery or cannot be delivered because of a changed address of which no notice was given, such notice or other document shall be deemed to have been delivered on the date of such refusal or inability to deliver.

Appears in 1 contract

Samples: Trust Agreement (State National Bancshares, Inc.)

Reports, Notices and Demands. (a) Any report, notice, demand or other communication that by any provision of this Trust Agreement is required or permitted to be given or served to or upon any Holder or the Depositor may be given or served in writing delivered in person, or by reputable, overnight courier, by telecopy or by deposit thereof, first-class postage prepaid, in the United States mail, addressed, (a) in the case of a Holder of Preferred Securities, to such Holder as such Holder's name and address may appear on the Securities Register; and (b) in the case of the Holder of all the Common Securities or the Depositor, to NorthStar Realty Finance Limited PartnershipTower Group, 000 Xxxxxxx XxxxxxInc. 120 Broadway, Xxx Xxxx14th Floor, XX 00000New York, New York, 10271, Attention: Xxxxxxx Franxxx X. XxXxxxxxXxxxxxxxx, or to such other address as may be xx xx xxxx xxxxx xxxxxxx xx xxx xe specified in a written notice by ix x xxxxxxx xxxxxx xy the Holder of all the Common Securities or the Depositor, as the case may be, to the Property Trustee. Such report, notice, demand or other communication to or upon a Holder or the Depositor shall be deemed to have been given when received in person, within one (1) Business Day following delivery by overnight courier, when telecopied with receipt confirmed, or within three (3) Business Days following delivery by mail, except that if a notice or other document is refused delivery or cannot be delivered because of a changed address of which no notice was given, such notice or other document shall be deemed to have been delivered on the date of such refusal or inability to deliver.

Appears in 1 contract

Samples: Trust Agreement (Tower Group, Inc.)

Reports, Notices and Demands. (a) Any report, notice, demand or other communication that by any provision of this Trust Agreement is required or permitted to be given or served to or upon any Holder or the Depositor may be given or served in writing delivered in person, or by reputable, overnight courier, by telecopy or by deposit thereof, first-class postage prepaid, in the United States mail, addressed, (a) in the case of a Holder of Preferred Securities, to such Holder as such Holder's name and address may appear on the Securities Register; and (b) in the case of the Holder of all the Common Securities or the Depositor, to NorthStar Realty Finance Limited PartnershipBankAtlantic Bancorp, 000 Xxxxxxx XxxxxxInc., Xxx Xxxx1750 East Sunrise Blvd., XX 00000Ft. Lauderdale, Florida 33304, Attention: Xxxxxxx Xxxxx X. XxXxxxxxXxxxx, or to such other address as may be specified xx xx xxxx xxxxx xxxxxxx xx xxx xx xxxcified in a written notice wxxxxxx xxxxxx by the Holder of all the Common Securities or the Depositor, as the case may be, to the Property Trustee. Such report, notice, demand or other communication to or upon a Holder or the Depositor shall be deemed to have been given when received in person, within one (1) Business Day following delivery by overnight courier, when telecopied with receipt confirmed, or within three (3) Business Days following delivery by mail, except that if a notice or other document is refused delivery or cannot be delivered because of a changed address of which no notice was given, such notice or other document shall be deemed to have been delivered on the date of such refusal or inability to deliver.

Appears in 1 contract

Samples: Trust Agreement (Bankatlantic Bancorp Inc)

Reports, Notices and Demands. (a) Any report, notice, demand or other communication that by any provision of this Trust Agreement is required or permitted to be given or served to or upon any Holder or the Depositor may be given or served in writing delivered in person, or by reputable, overnight courier, by telecopy or by deposit thereof, first-class postage prepaid, in the United States mail, addressed, (a) in the case of a Holder of Preferred Securities, to such Holder as such Holder's name and address may appear on the Securities Register; and (b) in the case of the Holder of all the Common Securities or the Depositor, to NorthStar Realty Finance Limited PartnershipFirst Banks, 000 Xxxxxxx XxxxxxInc., Xxx XxxxM1-199-015, XX 00000600 James S. McDonnell Blvd., Hazelwood, MO 63042, Attention: Xxxxxxx X. XxXxxxxxGenxxxx Xxxxxxx, or to such xx xx xxch other address as may be specified in a written notice by the Holder of all the Common Securities or the Depositor, as the case may be, to the Property Trustee. Such report, notice, demand or other communication to or upon a Holder or the Depositor shall be deemed to have been given when received in person, within one (1) Business Day following delivery by overnight courier, when telecopied with receipt confirmed, or within three (3) Business Days following delivery by mail, except that if a notice or other document is refused delivery or cannot be delivered because of a changed address of which no notice was given, such notice or other document shall be deemed to have been delivered on the date of such refusal or inability to deliver.

Appears in 1 contract

Samples: Trust Agreement (First Banks, Inc)

Reports, Notices and Demands. (a) Any report, notice, demand or other communication that by any provision of this Trust Agreement is required or permitted to be given or served to or upon any Holder or the Depositor may be given or served in writing delivered in person, or by reputable, overnight courier, by telecopy facsimile or by deposit thereof, first-class postage prepaid, in the United States mail, addressed, (a) in the case of a Holder of Preferred Securities, to such Holder as such Holder's ’s name and address may appear on the Securities Register; and (b) in the case of the Holder of all the Common Securities or the Depositor, to NorthStar Realty Finance Limited PartnershipXxxxxxx Inns, 000 Xxxxxxx Xxxxxx, Xxx Inc. 0 Xxxxxxxxx Xxxxxx Xxxx, XX Xxxxx 0000, Xxxxxxx, Xxxxxxx 00000, Attention: Xx. Xxxxx Xxxxxxx X. XxXxxxxx(facsimile no. (000) 000-0000), or to such other address as may be specified in a written notice by the Holder of all the Common Securities or the Depositor, as the case may be, to the Property Trustee. Such report, notice, demand or other communication to or upon a Holder or the Depositor shall be deemed to have been given when received in person, within one (1) Business Day following delivery by overnight courier, when telecopied with receipt confirmed, or within three (3) Business Days following delivery by mail, except that if a notice or other document is refused delivery or cannot be delivered because of a changed address of which no notice was given, such notice or other document shall be deemed to have been delivered on the date of such refusal or inability to deliver.

Appears in 1 contract

Samples: Trust Agreement (Jameson Inns Inc)

Reports, Notices and Demands. (a) Any report, notice, demand or other communication that by any provision of this Trust Agreement is required or permitted to be given or served to or upon any Holder or the Depositor may be given or served in writing delivered in person, or by reputable, overnight courier, by telecopy or by deposit thereof, first-class postage prepaid, in the United States mail, addressed, (a) in the case of a Holder of Preferred Securities, to such Holder as such Holder's name and address may appear on the Securities Register; and (b) in the case of the Holder of all the Common Securities or the Depositor, to NorthStar Realty Finance Limited PartnershipBluegreen Corporation 4960 Conference Way N., 000 Xxxxxxx XxxxxxBoca Raton, Xxx Xxxx, XX 00000Florida 33431, Attention: Xxxxxxx X. XxXxxxxxCxxxx Xxxxxxxxx Xxxxxxx, or to such other address as may xx xx xxxx xxxxx xxxxxxx xx xxx be specified in a written notice by the Holder of all the Common Securities or the Depositor, as the case may be, to the Property Trustee. Such report, notice, demand or other communication to or upon a Holder or the Depositor shall be deemed to have been given when received in person, within one (1) Business Day following delivery by overnight courier, when telecopied with receipt confirmed, or within three (3) Business Days following delivery by mail, except that if a notice or other document is refused delivery or cannot be delivered because of a changed address of which no notice was given, such notice or other document shall be deemed to have been delivered on the date of such refusal or inability to deliver.

Appears in 1 contract

Samples: Trust Agreement (Bluegreen Corp)

Reports, Notices and Demands. (a) Any report, notice, demand or other communication that by any provision of this Trust Agreement is required or permitted to be given or served to or upon any Holder or the Depositor may be given or served in writing delivered in person, or by reputable, overnight courier, by telecopy or by deposit thereof, first-class postage prepaid, in the United States mail, addressed, (a) in the case of a Holder of Preferred Securities, to such Holder as such Holder's ’s name and address may appear on the Securities Register; and (b) in the case of the Holder of all the Common Securities or the Depositor, to NorthStar Realty Finance Limited PartnershipImpac Mortgage Holdings, 000 Xxxxxxx Inc., 0000 Xxxx Xxxxxx, Xxx XxxxXxxxxxx Xxxxx, XX 00000, Attention: Xxxxxxx X. XxXxxxxxChief Financial Officer, or to such other address as may be specified in a written notice by the Holder of all the Common Securities or the Depositor, as the case may be, to the Property Trustee. Such report, notice, demand or other communication to or upon a Holder or the Depositor shall be deemed to have been given when received in person, within one (1) Business Day following delivery by overnight courier, when telecopied with receipt confirmed, or within three (3) Business Days following delivery by mail, except that if a notice or other document is refused delivery or cannot be delivered because of a changed address of which no notice was given, such notice or other document shall be deemed to have been delivered on the date of such refusal or inability to deliver.

Appears in 1 contract

Samples: Trust Agreement (Impac Mortgage Holdings Inc)

Reports, Notices and Demands. (a) Any report, notice, demand or other communication that by any provision of this Trust Agreement is required or permitted to be given or served to or upon any Holder or the Depositor may be given or served in writing delivered in person, or by reputable, overnight courier, by telecopy or by deposit thereof, first-class postage prepaid, in the United States mail, addressed, (a) in the case of a Holder of Preferred Securities, to such Holder as such Holder's name and address may appear on the Securities Register; and (b) in the case of the Holder of all the Common Securities or the Depositor, to NorthStar Realty Finance Limited PartnershipCoastal Banking Company, 000 Xxxxxxx XxxxxxInc., Xxx Xxxx36 Sea Island Pkwy, XX 00000Beaufort, South Carolina 29907, Attention: Xxxxxxx X. XxXxxxxxChief Xxxxxxxxx Xxxxxxx, or to such other address as may xx xx xxxx xxxxx xxxxxxx xx xxx be specified in a written notice by the Holder of all the Common Securities or the Depositor, as the case may be, to the Property Trustee. Such report, notice, demand or other communication to or upon a Holder or the Depositor shall be deemed to have been given when received in person, within one (1) Business Day following delivery by overnight courier, when telecopied with receipt confirmed, or within three (3) Business Days following delivery by mail, except that if a notice or other document is refused delivery or cannot be delivered because of a changed address of which no notice was given, such notice or other document shall be deemed to have been delivered on the date of such refusal or inability to deliver.

Appears in 1 contract

Samples: Trust Agreement (Coastal Banking Co Inc)

Reports, Notices and Demands. (a) Any report, notice, demand or other communication that by any provision of this Trust Agreement is required or permitted to be given or served to or upon any Holder or the Depositor may be given or served in writing delivered in person, or by reputable, overnight courier, by telecopy or by deposit thereof, first-class postage prepaid, in the United States mail, addressed, (a) in the case of a Holder of Preferred Securities, to such Holder as such Holder's name and address may appear on the Securities Register; and (b) in the case of the Holder of all the Common Securities or the Depositor, to NorthStar Realty Finance Limited Partnership, 000 Xxxxxxx Xxxxxx, Xxx The Bank of Kentucky Financial Corporation 0000 Xxxxxxxxxx Xxxx, XX Xxxxxxxx, Xxxxxxxx, 00000, Attention: Xxxxxxx Xxxxxx X. XxXxxxxxXxxx, or to such other address as may be specified in a written notice by the Holder of all the Common Securities or the Depositor, as the case may be, to the Property Trustee. Such report, notice, demand or other communication to or upon a Holder or the Depositor shall be deemed to have been given when received in person, within one (1) Business Day following delivery by overnight courier, when telecopied with receipt confirmed, or within three (3) Business Days following delivery by mail, except that if a notice or other document is refused delivery or cannot be delivered because of a changed address of which no notice was given, such notice or other document shall be deemed to have been delivered on the date of such refusal or inability to deliver.

Appears in 1 contract

Samples: Trust Agreement (Bank of Kentucky Financial Corp)

Reports, Notices and Demands. (a) Any report, notice, demand or other communication that by any provision of this Trust Agreement is required or permitted to be given or served to or upon any Holder or the Depositor may be given or served in writing delivered in person, or by reputable, overnight courier, by telecopy or by deposit thereof, first-class postage prepaid, in the United States mail, addressed, (a) in the case of a Holder of Preferred Securities, to such Holder as such Holder's ’s name and address may appear on the Securities Register; and (b) in the case of the Holder of all the Common Securities or the Depositor, to NorthStar Realty Finance Limited PartnershipPlacer Sierra Bancshares, 000 Xxxxxxx X Xxxxxx, Xxx XxxxXxxxxxxxxx, XX Xxxxxxxxxx 00000, Attention: Xxxxxxx X. XxXxxxxxChief Financial Officer, or to such other address as may be specified in a written notice by the Holder of all the Common Securities or the Depositor, as the case may be, to the Property Trustee. Such report, notice, demand or other communication to or upon a Holder or the Depositor shall be deemed to have been given when received in person, within one (1) Business Day following delivery by overnight courier, when telecopied with receipt confirmed, or within three (3) Business Days following delivery by mail, except that if a notice or other document is refused delivery or cannot be delivered because of a changed address of which no notice was given, such notice or other document shall be deemed to have been delivered on the date of such refusal or inability to deliver.

Appears in 1 contract

Samples: Trust Agreement (Placer Sierra Bancshares)

Reports, Notices and Demands. (a) Any report, notice, demand or other communication that by any provision of this Trust Agreement is required or permitted to be given or served to or upon any Holder or the Depositor may be given or served in writing delivered in person, or by reputable, overnight courier, by telecopy or by deposit thereof, first-class postage prepaid, in the United States mail, addressed, (a) in the case of a Holder of Preferred Securities, to such Holder as such Holder's ’s name and address may appear on the Securities Register; and (b) in the case of the Holder of all the Common Securities or the Depositor, to NorthStar Lexington Realty Finance Limited PartnershipTrust, 000 Xxxxxxx Oxx Xxxx Xxxxx, Xxxxx 0000, Xxx Xxxx, Xxx Xxxx 00000-0000, Attention: Jxxxxx Xxxxxxxxx, Esq., General Counsel, Facsimile: (000) 000-0000; with a copy to Paul, Hastings, Jxxxxxxx & Wxxxxx, LLP, Park Avenue Tower, 70 X. 00xx Xxxxxx, Xxxxx Xxxxx, Xxx Xxxx, XX 00000, Attention: Xxxxxxx X. XxXxxxxxMxxx Xxxxxxxxxxx, Esq., Facsimile: (000) 000-0000, or to such other address as may be specified in a written notice by the Holder of all the Common Securities or the Depositor, as the case may be, to the Property Trustee. Such report, notice, demand or other communication to or upon a Holder or the Depositor shall be deemed to have been given when received in person, within one (1) Business Day following delivery by overnight courier, when telecopied with receipt confirmed, or within three (3) Business Days following delivery by mail, except that if a notice or other document is refused delivery or cannot be delivered because of a changed address of which no notice was given, such notice or other document shall be deemed to have been delivered on the date of such refusal or inability to deliver.

Appears in 1 contract

Samples: Amended and Restated Trust Agreement (Lexington Realty Trust)

Reports, Notices and Demands. (a) Any report, notice, demand or other communication that by any provision of this Trust Agreement is required or permitted to be given or served to or upon any Holder or the Depositor may be given or served in writing delivered in person, or by reputable, overnight courier, by telecopy or by deposit thereof, first-class postage prepaid, in the United States mail, addressed, (a) in the case of a Holder of Preferred Securities, to such Holder as such Holder's ’s name and address may appear on the Securities Register; and (b) in the case of the Holder of all the Common Securities or the Depositor, to NorthStar Realty Finance Limited Partnership, 000 Xxxxxxx & Xxxxxx, Xxx Inc. 00000 Xxxxxxxxx Xxxx, Xxxxx 000, Xxxxxxxxx, XX 00000, Attention: Xxxxxxx X. XxXxxxxxXx. Xxxxxxxxx, or to such other address as may be specified in a written notice by the Holder of all the Common Securities or the Depositor, as the case may be, to the Property Trustee. Such report, notice, demand or other communication to or upon a Holder or the Depositor shall be deemed to have been given when received in person, within one (1) Business Day following delivery by overnight courier, when telecopied with receipt confirmed, or within three (3) Business Days following delivery by mail, except that if a notice or other document is refused delivery or cannot be delivered because of a changed address of which no notice was given, such notice or other document shall be deemed to have been delivered on the date of such refusal or inability to deliver.

Appears in 1 contract

Samples: Trust Agreement (Bresler & Reiner Inc)

Reports, Notices and Demands. (a) Any report, notice, demand or other communication that by any provision of this Trust Agreement is required or permitted to be given or served to or upon any Holder or the Depositor may be given or served in writing delivered in person, or by reputable, overnight courier, by telecopy or by deposit thereof, first-class postage prepaid, in the United States mail, addressed, (a) in the case of a Holder of Preferred Securities, to such Holder as such Holder's ’s name and address may appear on the Securities Register; and (b) in the case of the Holder of all the Common Securities or the Depositor, to NorthStar Realty Finance Limited PartnershipPMC Commercial Trust, 000 10000 Xxxxxxx Xxxx, Xxxxx 000, Xxxxxx, Xxx Xxxx, XX Xxxxx 00000, Attention: Xxxxxxx X. XxXxxxxxGeneral Counsel, or to such other address as may be specified in a written notice by the Holder of all the Common Securities or the Depositor, as the case may be, to the Property Trustee. Such report, notice, demand or other communication to or upon a Holder or the Depositor shall be deemed to have been given when received in person, within one (1) Business Day following delivery by overnight courier, when telecopied with receipt confirmed, or within three (3) Business Days following delivery by mail, except that if a notice or other document is refused delivery or cannot be delivered because of a changed address of which no notice was given, such notice or other document shall be deemed to have been delivered on the date of such refusal or inability to deliver.

Appears in 1 contract

Samples: Trust Agreement (PMC Commercial Trust /Tx)

Reports, Notices and Demands. (a) Any report, notice, demand or other communication that by any provision of this Trust Agreement is required or permitted to be given or served to or upon any Holder or the Depositor may be given or served in writing delivered in person, or by reputable, overnight courier, by telecopy or by deposit thereof, first-class postage prepaid, in the United States mail, addressed, (a) in the case of a Holder of Preferred Securities, to such Holder as such Holder's ’s name and address may appear on the Securities Register; and (b) in the case of the Holder of all the Common Securities or the Depositor, to NorthStar Realty Finance Limited PartnershipBimini Mortgage Management, 000 Xxxxxxx XxxxxxInc., Xxx Xxxx3000 Xxxxxxxx Xxxxx, Xxxx Xxxxx, XX 00000, Attention: Xxxxxxx Jxxxxxx X. XxXxxxxxXxxxxx, or to such other address as may be specified in a written notice by the Holder of all the Common Securities or the Depositor, as the case may be, to the Property Trustee. Such report, notice, demand or other communication to or upon a Holder or the Depositor shall be deemed to have been given when received in person, within one (1) Business Day following delivery by overnight courier, when telecopied with receipt confirmed, or within three (3) Business Days following delivery by mail, except that if a notice or other document is refused delivery or cannot be delivered because of a changed address of which no notice was given, such notice or other document shall be deemed to have been delivered on the date of such refusal or inability to deliver.

Appears in 1 contract

Samples: Trust Agreement (Bimini Capital Management, Inc.)

Reports, Notices and Demands. (a) Any report, notice, demand or other communication that by any provision of this Trust Agreement is required or permitted to be given or served to or upon any Holder or the Depositor may be given or served in writing delivered in person, or by reputable, overnight courier, by telecopy or by deposit thereof, first-class postage prepaid, in the United States mail, addressed, (a) in the case of a Holder of Preferred Securities, to such Holder as such Holder's name and address may appear on the Securities Register; and (b) in the case of the Holder of all the Common Securities or the Depositor, to NorthStar Realty Finance Limited PartnershipNorth Pointe Holdings Corporation, 000 Xxxxxxx Xxxxxx00000 Xxxxxxxx Xxxx, Xxx XxxxXxxxxxxxxx, XX 00000, Attention: Xxxxxxx Xxxxx X. XxXxxxxxXxxxx, or to such other address as may be specified in a written notice by the Holder of all the Common Securities or the Depositor, as the case may be, to the Property Trustee. Such report, notice, demand or other communication to or upon a Holder or the Depositor shall be deemed to have been given when received in person, within one (1) Business Day following delivery by overnight courier, when telecopied with receipt confirmed, or within three (3) Business Days following delivery by mail, except that if a notice or other document is refused delivery or cannot be delivered because of a changed address of which no notice was given, such notice or other document shall be deemed to have been delivered on the date of such refusal or inability to deliver.

Appears in 1 contract

Samples: Trust Agreement (North Pointe Holdings Corp)

Reports, Notices and Demands. (a) Any report, notice, demand or other communication that by any provision of this Trust Agreement is required or permitted to be given or served to or upon any Holder Holder, the Depositor or the Depositor Guarantor may be given or served in writing delivered in person, or by reputable, overnight courier, by telecopy or by deposit thereof, first-class postage prepaid, in the United States mail, addressed, (a) in the case of a Holder of Preferred Securities, to such Holder as such Holder's name and address may appear on the Securities Register; and (b) in the case of the Holder of all the Common Securities or the Depositor, to NorthStar Realty Finance Limited PartnershipWindrose Medical Properties, 000 Xxxxxxx XxxxxxL.P., Xxx Xxxx0000 Xxxxxxxx Xxxxx, Xxxxx 000, Xxxxxxxxxxxx, XX 00000, Attention: Xxxxxxx X. XxXxxxxxPresident, or to such other address as may be specified in a written notice by the Holder of all the Common Securities or the Depositor, as the case may be, to the Property Trustee; and (c) in the case of the Guarantor, to Windrose Medical Properties Trust, 0000 Xxxxxxxx Xxxxx, Xxxxx 000, Xxxxxxxxxxxx, XX 00000, Attention: President, or to such other address as may be specified in a written notice by the Guarantor to the Property Trustee. Such report, notice, demand or other communication to or upon a Holder Holder, the Depositor or the Depositor Guarantor shall be deemed to have been given when received in person, within one (1) Business Day following delivery by overnight courier, when telecopied with receipt confirmed, or within three (3) Business Days following delivery by mail, except that if a notice or other document is refused delivery or cannot be delivered because of a changed address of which no notice was given, such notice or other document shall be deemed to have been delivered on the date of such refusal or inability to deliver.

Appears in 1 contract

Samples: Trust Agreement (Windrose Medical Properties Trust)

Reports, Notices and Demands. (a) Any report, notice, demand or other communication that by any provision of this Trust Agreement is required or permitted to be given or served to or upon any Holder or the Depositor may be given or served in writing delivered in person, or by reputable, overnight courier, by telecopy or by deposit thereof, first-class postage prepaid, in the United States mail, addressed, (a) in the case of a Holder of Preferred Securities, to such Holder as such Holder's ’s name and address may appear on the Securities Register; and (b) in the case of the Holder of all the Common Securities or the Depositor, to NorthStar Realty CapitalSource Finance Limited Partnership, 000 LLC 4000 Xxxxxxx Xxxxxx, Xxx Xxxx12th Floor, XX 00000Chevy Chase, Maryland 20815, Attention: Xxxxxxx X. XxXxxxxxDirector of Treasury, with a copy to the Chief Legal Officer, or to such other address as may be specified in a written notice by the Holder of all the Common Securities or the Depositor, as the case may be, to the Property Trustee. Such report, notice, demand or other communication to or upon a Holder or the Depositor shall be deemed to have been given when received in person, within one (1) Business Day following delivery by overnight courier, when telecopied with receipt confirmed, or within three (3) Business Days following delivery by mail, except that if a notice or other document is refused delivery or cannot be delivered because of a changed address of which no notice was given, such notice or other document shall be deemed to have been delivered on the date of such refusal or inability to deliver.

Appears in 1 contract

Samples: Trust Agreement (Capitalsource Inc)

Reports, Notices and Demands. (a) Any report, notice, demand or other communication that by any provision of this Trust Agreement is required or permitted to be given or served to or upon any Holder or the Depositor may be given or served in writing delivered in person, or by reputable, overnight courier, by telecopy or by deposit thereof, first-class postage prepaid, in the United States mail, addressed, (a) in the case of a Holder of Preferred Securities, to such Holder as such Holder's ’s name and address may appear on the Securities Register; and (b) in the case of the Holder of all the Common Securities or the Depositor, to NorthStar Realty Finance Limited PartnershipIndependent Bank Corporation, 000 Xxxxxxx X. Xxxx Xxxxxx, Xxx XxxxXxxxx, XX Xxxxxxxx, 00000, Attention: Xxxxxxx X. XxXxxxxxChief Financial Officer, or to such other address as may be specified in a written notice by the Holder of all the Common Securities or the Depositor, as the case may be, to the Property Trustee. Such report, notice, demand or other communication to or upon a Holder or the Depositor shall be deemed to have been given when received in person, within one (1) Business Day following delivery by overnight courier, when telecopied with [TPW: NYLEGAL:665345.3] 20965-00009 07/20/2007 07:46 PM receipt confirmed, or within three (3) Business Days following delivery by mail, except that if a notice or other document is refused delivery or cannot be delivered because of a changed address of which no notice was given, such notice or other document shall be deemed to have been delivered on the date of such refusal or inability to deliver.

Appears in 1 contract

Samples: Trust Agreement (Independent Bank Corp /Mi/)

Reports, Notices and Demands. (a) Any report, notice, demand or other communication that by any provision of this Trust Agreement is required or permitted to be given or served to or upon any Holder or the Depositor may be given or served in writing delivered in person, or by reputable, overnight courier, by telecopy or by deposit thereof, first-class postage prepaid, in the United States mail, addressed, (a) in the case of a Holder of Preferred Securities, to such Holder as such Holder's name and address may appear on the Securities Register; and (b) in the case of the Holder of all the Common Securities or the Depositor, to NorthStar Realty Finance Limited PartnershipThe New York Mortgage Company, 000 Xxxxxxx XxxxxxLLC 1301 Avenue of the Americxx, Xxx Xxxx, XX Xxx Xxxx 00000, AttentionXxxxxxxxx: Xxxxxxx X. XxXxxxxxXx. Xxxxx, or to xx xo such other address as may be specified in addrexx xx xxx xx xxxxxxxxx xn a written notice by nxxxxx xx the Holder of all the Common Securities or the Depositor, as the case may be, to the Property Trustee. Such report, notice, demand or other communication to or upon a Holder or the Depositor shall be deemed to have been given when received in person, within one (1) Business Day following delivery by overnight courier, when telecopied with receipt confirmed, or within three (3) Business Days following delivery by mail, except that if a notice or other document is refused delivery or cannot be delivered because of a changed address of which no notice was given, such notice or other document shall be deemed to have been delivered on the date of such refusal or inability to deliver.

Appears in 1 contract

Samples: Trust Agreement (New York Mortgage Trust Inc)

Reports, Notices and Demands. (a) Any report, notice, demand or other communication that by any provision of this Trust Agreement is required or permitted to be given or served to or upon any Holder or the Depositor may be given or served in writing delivered in person, or by reputable, overnight courier, by telecopy or by deposit thereof, first-class postage prepaid, in the United States mail, addressed, (a) in the case of a Holder of Preferred Securities, to such Holder as such Holder's ’s name and address may appear on the Securities Register; and (b) in the case of the Holder of all the Common Securities or the Depositor, to NorthStar Realty Finance Limited PartnershipSky Financial Group, Inc. 000 Xxxxxxx Xxxxx Xxxxxx Xxxxxx, Xxx XxxxXxxxxxx Xxxxx, XX Xxxx 00000, Attention: Xxxxxxx X. XxXxxxxxChief Financial Officer, or to such other address as may be specified in a written notice by the Holder of all the Common Securities or the Depositor, as the case may be, to the Property Trustee. Such report, notice, demand or other communication to or upon a Holder or the Depositor shall be deemed to have been given when received in person, within one (1) Business Day following delivery by overnight courier, when telecopied with receipt confirmed, or within three (3) Business Days following delivery by mail, except that if a notice or other document is refused delivery or cannot be delivered because of a changed address of which no notice was given, such notice or other document shall be deemed to have been delivered on the date of such refusal or inability to deliver.

Appears in 1 contract

Samples: Trust Agreement (Huntington Bancshares Inc/Md)

Reports, Notices and Demands. (a) Any report, notice, demand or other communication that by any provision of this Trust Agreement is required or permitted to be given or served to or upon any Holder or the Depositor may be given or served in writing delivered in person, or by reputable, overnight courier, by telecopy or by deposit thereof, first-class postage prepaid, in the United States mail, addressed, (a) in the case of a Holder of Preferred Securities, to such Holder as such Holder's name and address may appear on the Securities Register; and (b) in the case of the Holder of all the Common Securities or the Depositor, to NorthStar Realty Finance Limited PartnershipBlue River Bancshares, 000 Xxxxxxx Inc., 00 Xxxx Xxxxxxxxxx Xxxxxx, Xxx XxxxXxxxxxxxxxx, XX Xxxxxxx 00000, Attention: Xxxxxxx X. XxXxxxxxChief Financial Officer, or to such other address as may be specified in a written notice by the Holder of all the Common Securities or the Depositor, as the case may be, to the Property Trustee. Such report, notice, demand or other communication to or upon a Holder or the Depositor shall be deemed to have been given when received in person, within one (1) Business Day following delivery by overnight courier, when telecopied with receipt confirmed, or within three (3) Business Days following delivery by mail, except that if a notice or other document is refused delivery or cannot be delivered because of a changed address of which no notice was given, such notice or other document shall be deemed to have been delivered on the date of such refusal or inability to deliver.

Appears in 1 contract

Samples: Trust Agreement (Blue River Bancshares Inc)

Reports, Notices and Demands. (a) Any report, notice, demand or other communication that by any provision of this Trust Agreement is required or permitted to be given or served to or upon any Holder or the Depositor may be given or served in writing delivered in person, or by reputable, overnight courier, by telecopy or by deposit thereof, first-class postage prepaid, in the United States mail, addressed, (a) in the case of a Holder of Preferred Securities, to such Holder as such Holder's ’s name and address may appear on the Securities Register; and (b) in the case of the Holder of all the Common Securities or the Depositor, to NorthStar Realty Finance Limited PartnershipFirst Acceptance Corporation, 000 Xxxxxxx Xxxxxx0000 Xxxx Xxx Xxxxxx Xxxxx 0000, Xxx XxxxXxxxxxxxx, XX Xxxxxxxxx 00000, Attention: Xxxxxxx X. XxXxxxxxChief Financial Officer, or to such other address as may be specified in a written notice by the Holder of all the Common Securities or the Depositor, as the case may be, to the Property Trustee. Such report, notice, demand or other communication to or upon a Holder or the Depositor shall be deemed to have been given when received in person, within one (1) Business Day following delivery by overnight courier, when telecopied with receipt confirmed, or within three (3) Business Days following delivery by mail, except that if a notice or other document is refused delivery or cannot be delivered because of a changed address of which no notice was given, such notice or other document shall be deemed to have been delivered on the date of such refusal or inability to deliver.

Appears in 1 contract

Samples: Trust Agreement (First Acceptance Corp /De/)

Reports, Notices and Demands. (a) Any report, notice, demand or other communication that by any provision of this Trust Agreement is required or permitted to be given or served to or upon any Holder or the Depositor may be given or served in writing delivered in person, or by reputable, overnight courier, by telecopy or by deposit thereof, first-class postage prepaid, in the United States mail, addressed, (a) in the case of a Holder of Preferred Securities, to such Holder as such Holder's name and address may appear on the Securities Register; and (b) in the case of the Holder of all the Common Securities or the Depositor, to NorthStar Realty Finance Limited PartnershipAnthracite Capital, 000 Xxxxxxx XxxxxxInc., Xxx Xxxx40 East 52nd Street, XX 00000New York, NY 10022, Attention: Xxxxxxx X. XxXxxxxxChief Financial Ofxxxxx, or to such other address as may xx xx xxxx xxxxx xxxxxxx xx xxx be specified in a written notice by the Holder of all the Common Securities or the Depositor, as the case may be, to the Property Trustee. Such report, notice, demand or other communication to or upon a Holder or the Depositor shall be deemed to have been given when received in person, within one (1) Business Day following delivery by overnight courier, when telecopied with receipt confirmed, or within three (3) Business Days following delivery by mail, except that if a notice or other document is refused delivery or cannot be delivered because of a changed address of which no notice was given, such notice or other document shall be deemed to have been delivered on the date of such refusal or inability to deliver.

Appears in 1 contract

Samples: Trust Agreement (Anthracite Capital Inc)

Reports, Notices and Demands. (a) Any report, notice, demand or other communication that by any provision of this Trust Agreement is required or permitted to be given or served to or upon any Holder or the Depositor may be given or served in writing delivered in person, or by reputable, overnight courier, by telecopy or by deposit thereof, first-class postage prepaid, in the United States mail, addressed, (a) in the case of a Holder of Preferred Securities, to such Holder as such Holder's ’s name and address may appear on the Securities Register; and (b) in the case of the Holder of all the Common Securities or the Depositor, to NorthStar Realty Finance Limited PartnershipBeazer Homes USA, 000 Xxxxxxx Inc. 0000 Xxxxxxxxx Xxxx, Suite 1200, Atlanta, GA 30328, Attention: Xxxxx X’Xxxxx, facsimile no. (000) 000-0000, with a copy to Paul, Hastings, Xxxxxxxx & Xxxxxx, LLP, 00 Xxxx 00xx Xxxxxx, Xxx Xxxx, XX 00000, Attention: Xxxxxxx X. XxXxxxxxXxxxxxxxx, Esq., facsimile no. (000) 000-0000, or to such other address as may be specified in a written notice by the Holder of all the Common Securities or the Depositor, as the case may be, to the Property Trustee. Such report, notice, demand or other communication to or upon a Holder or the Depositor shall be deemed to have been given when received in person, within one (1) Business Day following delivery by overnight courier, when telecopied with receipt confirmed, or within three (3) Business Days following delivery by mail, except that if a notice or other document is refused delivery or cannot be delivered because of a changed address of which no notice was given, such notice or other document shall be deemed to have been delivered on the date of such refusal or inability to deliver.

Appears in 1 contract

Samples: Trust Agreement (Beazer Homes Usa Inc)

Reports, Notices and Demands. (a) Any report, notice, demand or other communication that by any provision of this Trust Agreement is required or permitted to be given or served to or upon any Holder or the Depositor may be given or served in writing delivered in person, or by reputable, overnight courier, by telecopy or by deposit thereof, first-class postage prepaid, in the United States mail, addressed, (a) in the case of a Holder of Preferred Securities, to such Holder as such Holder's ’s name and address may appear on the Securities Register; and (b) in the case of the Holder of all the Common Securities or the Depositor, to NorthStar Realty Finance Limited PartnershipWintrust Financial Corporation 700 Xxxxx Xxxx Xxxx, 000 Xxxxxxx Xxxx Xxxxxx, Xxx XxxxXxxxxxxx, XX 00000, Attention: Xxxxxxx X. XxXxxxxxChief Financial Officer, or to such other address as may be specified in a written notice by the Holder of all the Common Securities or the Depositor, as the case may be, to the Property Trustee. Such report, notice, demand or other communication to or upon a Holder or the Depositor shall be deemed to have been given when received in person, within one (1) Business Day following delivery by overnight courier, when telecopied with receipt confirmed, or within three (3) Business Days following delivery by mail, except that if a notice or other document is refused delivery or cannot be delivered because of a changed address of which no notice was given, such notice or other document shall be deemed to have been delivered on the date of such refusal or inability to deliver.

Appears in 1 contract

Samples: Trust Agreement (Wintrust Financial Corp)

Reports, Notices and Demands. (a) Any report, notice, demand or other communication that by any provision of this Trust Agreement is required or permitted to be given or served to or upon any Holder or the Depositor may be given or served in writing delivered in person, or by reputable, overnight courier, by telecopy or by deposit thereof, first-class postage prepaid, in the United States mail, addressed, (a) in the case of a Holder of Preferred Securities, to such Holder as such Holder's ’s name and address may appear on the Securities Register; and (b) in the case of the Holder of all the Common Securities or the Depositor, to NorthStar Realty Finance Limited PartnershipIBERIABANK Corporation, 000 Xxxxxxx Xxxx Xxxxxxxx Xxxxxx, Xxx Xxxx00xx Xxxxx, Xxxxxxxxx, XX 00000, Attention: Xxxxxxx X. XxXxxxxxChief Financial Officer, or to such other address as may be specified in a written notice by the Holder of all the Common Securities or the Depositor, as the case may be, to the Property Trustee. Such report, notice, demand or other communication to or upon a Holder or the Depositor shall be deemed to have been given when received in person, within one (1) Business Day following delivery by overnight courier, when telecopied with receipt confirmed, or within three (3) Business Days following delivery by mail, except that if a notice or other document is refused delivery or cannot be delivered because of a changed address of which no notice was given, such notice or other document shall be deemed to have been delivered on the date of such refusal or inability to deliver.

Appears in 1 contract

Samples: Trust Agreement (Iberiabank Corp)

Reports, Notices and Demands. (a) Any report, notice, demand or other communication that by any provision of this Trust Agreement is required or permitted to be given or served to or upon any Holder or the Depositor may be given or served in writing delivered in person, or by reputable, overnight courier, by telecopy or by deposit thereof, first-class postage prepaid, in the United States mail, addressed, (a) in the case of a Holder of Preferred Securities, to such Holder as such Holder's name and address may appear on the Securities Register; and (b) in the case of the Holder of all the Common Securities or the Depositor, to NorthStar Realty Finance Limited PartnershipMatrix Bancorp, 000 Xxxxxxx XxxxxxInc., Xxx Xxxx700 17th Street, XX 00000Suite 2100, Denver, Colorado 80202, Attention: Xxxxxxx X. XxXxxxxxChixx Xxxxxxxxx Xxxxxxx, or to such other address as may xx xx xxxx xxxxx xxxxxxx xx xay be specified in a written notice by the Holder of all the Common Securities or the Depositor, as the case may be, to the Property Trustee. Such report, notice, demand or other communication to or upon a Holder or the Depositor shall be deemed to have been given when received in person, within one (1) Business Day following delivery by overnight courier, when telecopied with receipt confirmed, or within three (3) Business Days following delivery by mail, except that if a notice or other document is refused delivery or cannot be delivered because of a changed address of which no notice was given, such notice or other document shall be deemed to have been delivered on the date of such refusal or inability to deliver.

Appears in 1 contract

Samples: Trust Agreement (Matrix Bancorp Inc)

Reports, Notices and Demands. (a) Any report, notice, demand or other communication that by any provision of this Trust Agreement is required or permitted to be given or served to or upon any Holder or the Depositor may be given or served in writing delivered in person, or by reputable, overnight courier, by telecopy or by deposit thereof, first-class postage prepaid, in the United States mail, addressed, (a) in the case of a Holder of Preferred Securities, to such Holder as such Holder's name and address may appear on the Securities Register; and (b) in the case of the Holder of all the Common Securities or the Depositor, to NorthStar Realty Finance Limited PartnershipGeorgia Bancshares, Inc., 000 Xxxxxxx XxxxxxXxxxxxxx Xxxxx, Xxx Xxxxxxxxx Xxxx, XX Xxxxxxx 00000, Attention: Xxxxxxx X. XxXxxxxxChief Financial Officer, or to such other address as may be specified in a written notice by the Holder of all the Common Securities or the Depositor, as the case may be, to the Property Trustee. Such report, notice, demand or other communication to or upon a Holder or the Depositor shall be deemed to have been given when received in person, within one (1) Business Day following delivery by overnight courier, when telecopied with receipt confirmed, or within three (3) Business Days following delivery by mail, except that if a notice or other document is refused delivery or cannot be delivered because of a changed address of which no notice was given, such notice or other document shall be deemed to have been delivered on the date of such refusal or inability to deliver.

Appears in 1 contract

Samples: Trust Agreement (Georgia Bancshares Inc//)

Reports, Notices and Demands. (a) Any report, notice, demand or other communication that by any provision of this Trust Agreement is required or permitted to be given or served to or upon any Holder or the Depositor may be given or served in writing delivered in person, or by reputable, overnight courier, by telecopy or by deposit thereof, first-class postage prepaid, in the United States mail, addressed, (a) in the case of a Holder of Preferred Securities, to such Holder as such Holder's name and address may appear on the Securities Register; and (b) in the case of the Holder of all the Common Securities or the Depositor, to NorthStar Realty Finance Limited PartnershipBluegreen Corporation 4960 Conference Way N., 000 Xxxxxxx XxxxxxBoca Raton, Xxx Xxxx, XX 00000FL 33431, Attention: Xxxxxxx X. XxXxxxxxMr. Chiste, or to such other address as may be specified xx xx xxxx xxxxx xxxxxxx xx xxx xx xxxxxxxxx in a written notice by xxxxxx xx the Holder of all the Common Securities or the Depositor, as the case may be, to the Property Trustee. Such report, notice, demand or other communication to or upon a Holder or the Depositor shall be deemed to have been given when received in person, within one (1) Business Day following delivery by overnight courier, when telecopied with receipt confirmed, or within three (3) Business Days following delivery by mail, except that if a notice or other document is refused delivery or cannot be delivered because of a changed address of which no notice was given, such notice or other document shall be deemed to have been delivered on the date of such refusal or inability to deliver.

Appears in 1 contract

Samples: Trust Agreement (Bluegreen Corp)

Reports, Notices and Demands. (a) Any report, notice, demand or other communication that by any provision of this Trust Agreement is required or permitted to be given or served to or upon any Holder or the Depositor may be given or served in writing delivered in person, or by reputable, overnight courier, by telecopy or by deposit thereof, first-class postage prepaid, in the United States mail, addressed, (a) in the case of a Holder of Preferred Securities, to such Holder as such Holder's ’s name and address may appear on the Securities Register; and (b) in the case of the Holder of all the Common Securities or the Depositor, to NorthStar Realty Finance Limited PartnershipLxxxxx Corporation 1000 Xxxx Xxxxxxx Xxxxxxxxx, 000 Xxxxxxx Xxxxxx, Xxx XxxxXxxx Xxxxxxxxxx, XX 00000, Attention: Xxxxxxx X. XxXxxxxxMx. Xxxxxxx, or to such other address as may be specified in a written notice by the Holder of all the Common Securities or the Depositor, as the case may be, to the Property Trustee. Such report, notice, demand or other communication to or upon a Holder or the Depositor shall be deemed to have been given when received in person, within one (1) Business Day following delivery by overnight courier, when telecopied with receipt confirmed, or within three (3) Business Days following delivery by mail, except that if a notice or other document is refused delivery or cannot be delivered because of a changed address of which no notice was given, such notice or other document shall be deemed to have been delivered on the date of such refusal or inability to deliver.

Appears in 1 contract

Samples: And (Levitt Corp)

Reports, Notices and Demands. (a) Any report, notice, demand or other communication that by any provision of this Trust Agreement is required or permitted to be given or served to or upon any Holder or the Depositor may be given or served in writing delivered in person, or by reputable, overnight courier, by telecopy or by deposit thereof, first-class postage prepaid, in the United States mail, addressed, (a) in the case of a Holder of Preferred Securities, to such Holder as such Holder's ’s name and address may appear on the Securities Register; and (b) in the case of the Holder of all the Common Securities or the Depositor, to NorthStar Realty Finance Limited PartnershipGreer Bancshares Incorporated, 000 Xxxxxxx Xxxxxx0000 X. Xxxxxxxx Street, Xxx XxxxGreer, XX 00000South Carolina 29652, Attention: Xxxxxxx X. XxXxxxxxChief Financial Officer, or to such other address as may be specified in a written notice by the Holder of all the Common Securities or the Depositor, as the case may be, to the Property Trustee. Such report, notice, demand or other communication to or upon a Holder or the Depositor shall be deemed to have been given when received in person, within one (1) Business Day following delivery by overnight courier, when telecopied with receipt confirmed, or within three (3) Business Days following delivery by mail, except that if a notice or other document is refused delivery or cannot be delivered because of a changed address of which no notice was given, such notice or other document shall be deemed to have been delivered on the date of such refusal or inability to deliver.

Appears in 1 contract

Samples: Trust Agreement (Greer Bancshares Inc)

Reports, Notices and Demands. (a) Any report, notice, demand or other communication that by any provision of this Trust Agreement is required or permitted to be given or served to or upon any Holder or the Depositor may be given or served in writing delivered in person, or by reputable, overnight courier, by telecopy or by deposit thereof, first-class postage prepaid, in the United States mail, addressed, (a) in the case of a Holder of Preferred Securities, to such Holder as such Holder's ’s name and address may appear on the Securities Register; and (b) in the case of the Holder of all the Common Securities or the Depositor, to NorthStar Realty Finance Limited PartnershipGreater Bay Bancorp, 000 Xxxxxxx 0000 Xxxxxxxxxx Xxxxxx, Xxx 0xx Xxxxx, Xxxx Xxxx Xxxx, XX Xxxxxxxxxx 00000, Attention: Xxxxxxx X. XxXxxxxxChief Financial Officer, or to such other address as may be specified in a written notice by the Holder of all the Common Securities or the Depositor, as the case may be, to the Property Trustee. Such report, notice, demand or other communication to or upon a Holder or the Depositor shall be deemed to have been given when received in person, within one (1) Business Day following delivery by overnight courier, when telecopied with receipt confirmed, or within three (3) Business Days following delivery by mail, except that if a notice or other document is refused delivery or cannot be delivered because of a changed address of which no notice was given, such notice or other document shall be deemed to have been delivered on the date of such refusal or inability to deliver.

Appears in 1 contract

Samples: Trust Agreement (Greater Bay Bancorp)

Reports, Notices and Demands. (a) Any report, notice, demand or other communication that by any provision of this Trust Agreement is required or permitted to be given or served to or upon any Holder or the Depositor may be given or served in writing delivered in person, or by reputable, overnight courier, by telecopy or by deposit thereof, first-class postage prepaid, in the United States mail, addressed, (a) in the case of a Holder of Preferred Securities, to such Holder as such Holder's ’s name and address may appear on the Securities Register; and (b) in the case of the Holder of all the Common Securities or the Depositor, to NorthStar Realty Finance Limited PartnershipCrystal River Capital, 000 Xxxxxxx Inc., Three World Financial Center, 200 Xxxxx Xxxxxx, Xxx Xxxx10th Floor, XX 00000New York, New York 10281, Attention: Xxxxxxx Cxxxxxxx X. XxXxxxxxXxx, President and Chief Executive Officer, or to such other address as may be specified in a written notice by the Holder of all the Common Securities or the Depositor, as the case may be, to the Property Trustee. Such report, notice, demand or other communication to or upon a Holder or the Depositor shall be deemed to have been given when received in person, within one (1) Business Day following delivery by overnight courier, when telecopied with receipt confirmed, or within three (3) Business Days following delivery by mail, except that if a notice or other document is refused delivery or cannot be delivered because of a changed address of which no notice was given, such notice or other document shall be deemed to have been delivered on the date of such refusal or inability to deliver.

Appears in 1 contract

Samples: Trust Agreement (Crystal River Capital, Inc.)

Reports, Notices and Demands. (a) Any report, notice, demand or other communication that by any provision of this Trust Agreement is required or permitted to be given or served to or upon any Holder or the Depositor may be given or served in writing delivered in person, or by reputable, overnight courier, by telecopy or by deposit thereof, first-class postage prepaid, in the United States mail, addressed, (a) in the case of a Holder of Preferred Securities, to such Holder as such Holder's ’s name and address may appear on the Securities Register; and (b) in the case of the Holder of all the Common Securities or the Depositor, to NorthStar Realty Finance Limited PartnershipMedallion Financial Corp., 000 Xxxxxxx Xxxxxx, 00xx Xxxxx, Xxx Xxxx, XX Xxx Xxxx 00000, Attention: Xxxxxxx X. XxXxxxxxGeneral Counsel and Treasurer, or to such other address as may be specified in a written notice by the Holder of all the Common Securities or the Depositor, as the case may be, to the Property Trustee. Such report, notice, demand or other communication to or upon a Holder or the Depositor shall be deemed to have been given when received in person, within one (1) Business Day following delivery by overnight courier, when telecopied with receipt confirmed, or within three (3) Business Days following delivery by mail, except that if a notice or other document is refused delivery or cannot be delivered because of a changed address of which no notice was given, such notice or other document shall be deemed to have been delivered on the date of such refusal or inability to deliver.

Appears in 1 contract

Samples: Trust Agreement (Medallion Financial Corp)

Reports, Notices and Demands. (a) Any report, notice, demand or other communication that by any provision of this Trust Agreement is required or permitted to be given or served to or upon any Holder or the Depositor may be given or served in writing delivered in person, or by reputable, overnight courier, by telecopy or by deposit thereof, first-class postage prepaid, in the United States mail, addressed, (a) in the case of a Holder of Preferred Securities, to such Holder as such Holder's name and address may appear on the Securities Register; and (b) in the case of the Holder of all the Common Securities or the Depositor, to NorthStar Realty Finance Limited PartnershipTemecula Valley Bancorp Inc., 000 Xxxxxxx Xxxxxx20000 Xxxxxxxxx Xxxxxx #X000, Xxx XxxxXxxxxxxx, XX 00000, 00000 Attention: Xxxxxxx X. XxXxxxxxChief Financial Officer, or to such other address as may be specified in a written notice by the Holder of all the Common Securities or the Depositor, as the case may be, to the Property Trustee. Such report, notice, demand or other communication to or upon a Holder or the Depositor shall be deemed to have been given when received in person, within one (1) Business Day following delivery by overnight courier, when telecopied with receipt confirmed, or within three (3) Business Days following delivery by mail, except that if a notice or other document is refused delivery or cannot be delivered because of a changed address of which no notice was given, such notice or other document shall be deemed to have been delivered on the date of such refusal or inability to deliver.

Appears in 1 contract

Samples: Trust Agreement (Temecula Valley Bancorp Inc)

Reports, Notices and Demands. (a) Any report, notice, demand or other communication that by any provision of this Trust Agreement is required or permitted to be given or served to or upon any Holder or the Depositor may be given or served in writing delivered in person, or by reputable, overnight courier, by telecopy or by deposit thereof, first-class postage prepaid, in the United States mail, addressed, (a) in the case of a Holder of Preferred Securities, to such Holder as such Holder's name and address may appear on the Securities Register; and (b) in the case of the Holder of all the Common Securities or the Depositor, to NorthStar Realty Finance Limited PartnershipHawthorne Financial Corporation, 000 Xxxxxxx 0000 Xxxxxxxxx Xxxxxx, Xxx XxxxXx Xxxxxxx, XX Xxxxxxxxxx 00000, Attention: Xxxxxxx X. XxXxxxxxXxxxxx Xxxx, or to such other address as may be specified in a written notice by the Holder of all the Common Securities or the Depositor, as the case may be, to the Property Trustee. Such report, notice, demand or other communication to or upon a Holder or the Depositor shall be deemed to have been given when received in person, within one (1) Business Day following delivery by overnight courier, when telecopied with receipt confirmed, or within three (3) Business Days following delivery by mail, except that if a notice or other document is refused delivery or cannot be delivered because of a changed address of which no notice was given, such notice or other document shall be deemed to have been delivered on the date of such refusal or inability to deliver.

Appears in 1 contract

Samples: Trust Agreement (Hawthorne Financial Corp)

Reports, Notices and Demands. (a) Any report, notice, demand or other communication that by any provision of this Trust Agreement is required or permitted to be given or served to or upon any Holder or the Depositor may be given or served in writing delivered in person, or by reputable, overnight courier, by telecopy or by deposit thereof, first-class postage prepaid, in the United States mail, addressed, (a) in the case of a Holder of Preferred Securities, to such Holder as such Holder's name and address may appear on the Securities Register; and (b) in the case of the Holder of all the Common Securities or the Depositor, to NorthStar Realty Finance Limited PartnershipAnthracite Capital, 000 Xxxxxxx Inc., 00 Xxxx 00xx Xxxxxx, Xxx Xxxx, XX 00000, Attention: Xxxxxxx X. XxXxxxxxChief Financial Officer, or to such other address as may be specified in a written notice by the Holder of all the Common Securities or the Depositor, as the case may be, to the Property Trustee. Such report, notice, demand or other communication to or upon a Holder or the Depositor shall be deemed to have been given when received in person, within one (1) Business Day following delivery by overnight courier, when telecopied with receipt confirmed, or within three (3) Business Days following delivery by mail, except that if a notice or other document is refused delivery or cannot be delivered because of a changed address of which no notice was given, such notice or other document shall be deemed to have been delivered on the date of such refusal or inability to deliver.

Appears in 1 contract

Samples: Trust Agreement (Anthracite Capital Inc)

Reports, Notices and Demands. (a) Any report, notice, demand or other communication that by any provision of this Trust Agreement is required or permitted to be given or served to or upon any Holder or the Depositor may be given or served in writing delivered in person, or by reputable, overnight courier, by telecopy or by deposit thereof, first-class postage prepaid, in the United States mail, addressed, (a) in the case of a Holder of Preferred Securities, to such Holder as such Holder's ’s name and address may appear on the Securities Register; and (b) in the case of the Holder of all the Common Securities or the Depositor, to NorthStar Realty Finance Limited PartnershipMonarch Financial Holdings, 000 Xxxxxxx XxxxxxInc., Xxx Xxxx0000 Xxxxxxxxx Xxxxx, Xxxxxxxxxx, XX 00000, Attention: Xxxxxxx X. XxXxxxxxChief Financial Officer, or to such other address as may be specified in a written notice by the Holder of all the Common Securities or the Depositor, as the case may be, to the Property Trustee. Such report, notice, demand or other communication to or upon a Holder or the Depositor shall be deemed to have been given when received in person, within one (1) Business Day following delivery by overnight courier, when telecopied with receipt confirmed, or within three (3) Business Days following delivery by mail, except that if a notice or other document is refused delivery or cannot be delivered because of a changed address of which no notice was given, such notice or other document shall be deemed to have been delivered on the date of such refusal or inability to deliver.

Appears in 1 contract

Samples: Trust Agreement (Monarch Financial Holdings, Inc.)

Reports, Notices and Demands. (a) Any report, notice, demand or other communication that by any provision of this Trust Agreement is required or permitted to be given or served to or upon any Holder or the Depositor may be given or served in writing delivered in person, or by reputable, overnight courier, by telecopy or by deposit thereof, first-class postage prepaid, in the United States mail, addressed, (a) in the case of a Holder of Preferred Securities, to such Holder as such Holder's ’s name and address may appear on the Securities Register; and (b) in the case of the Holder of all the Common Securities or the Depositor, to NorthStar Realty Finance Limited PartnershipLxxxxx Corporation, 000 1000 Xxxx Xxxxxxx XxxxxxXxxxxxxxx, Xxx XxxxXx. Xxxxxxxxxx, XX Xxxxxxx 00000, Attention: Xxxxxxx X. XxXxxxxxChief Financial Officer, or to such other address as may be specified in a written notice by the Holder of all the Common Securities or the Depositor, as the case may be, to the Property Trustee. Such report, notice, demand or other communication to or upon a Holder or the Depositor shall be deemed to have been given when received in person, within one (1) Business Day following delivery by overnight courier, when telecopied with receipt confirmed, or within three (3) Business Days following delivery by mail, except that if a notice or other document is refused delivery or cannot be delivered because of a changed address of which no notice was given, such notice or other document shall be deemed to have been delivered on the date of such refusal or inability to deliver.

Appears in 1 contract

Samples: Trust Agreement (Levitt Corp)

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Reports, Notices and Demands. (a) Any report, notice, demand or other communication that by any provision of this Trust Agreement is required or permitted to be given or served to or upon any Holder or the Depositor may be given or served in writing delivered in person, or by reputable, overnight courier, by telecopy or by deposit thereof, first-class postage prepaid, in the United States mail, addressed, (a) in the case of a Holder of Preferred Securities, to such Holder as such Holder's name and address may appear on the Securities Register; and (b) in the case of the Holder of all the Common Securities or the Depositor, to NorthStar Realty Finance Limited PartnershipAmerican Home Mortgage Investment Corp., 000 Xxxxxxx Xxxxxx538 Broadhollow Road, Xxx XxxxMelville, XX 00000NY 11747, Attention: Craig Pino, with x xxxx xx Xxxx X. Xxxx, Xxxxxxx X. XxXxxxxxXxxxxxx, American Hoxx Xxxxxxxe Investment Corp., 000 Xxxxxhollow Road, Melville, NY 11747, or to such other address as may be specified in a written notice by xxx xx xxxxxxxxx xx x xxxxxxx xxxxxx xx the Holder of all the Common Securities or the Depositor, as the case may be, to the Property Trustee. Such report, notice, demand or other communication to or upon a Holder or the Depositor shall be deemed to have been given when received in person, within one (1) Business Day following delivery by overnight courier, when telecopied with receipt confirmed, or within three (3) Business Days following delivery by mail, except that if a notice or other document is refused delivery or cannot be delivered because of a changed address of which no notice was given, such notice or other document shall be deemed to have been delivered on the date of such refusal or inability to deliver.

Appears in 1 contract

Samples: Trust Agreement (American Home Mortgage Investment Corp)

Reports, Notices and Demands. (a) Any report, notice, demand or other communication that by any provision of this Trust Agreement is required or permitted to be given or served to or upon any Holder or the Depositor may be given or served in writing delivered in person, or by reputable, overnight courier, by telecopy or by deposit thereof, first-class postage prepaid, in the United States mail, addressed, (a) in the case of a Holder of Preferred Securities, to such Holder as such Holder's name and address may appear on the Securities Register; and (b) in the case of the Holder of all the Common Securities or the Depositor, to NorthStar Realty Finance Limited PartnershipCapital City Bank Group, Inc. 000 Xxxxxxx Xxxxx Xxxxxx Xxxxxx, Xxx XxxxXxxxxxxxxxx, XX Xxxxxxx, 00000, Attention: Xxxxxxx X. XxXxxxxxChief Financial Officer, or to such other address as may be specified in a written notice by the Holder of all the Common Securities or the Depositor, as the case may be, to the Property Trustee. Such report, notice, demand or other communication to or upon a Holder or the Depositor shall be deemed to have been given when received in person, within one (1) Business Day following delivery by overnight courier, when telecopied with receipt confirmed, or within three (3) Business Days following delivery by mail, except that if a notice or other document is refused delivery or cannot be delivered because of a changed address of which no notice was given, such notice or other document shall be deemed to have been delivered on the date of such refusal or inability to deliver.

Appears in 1 contract

Samples: Trust Agreement (Capital City Bank Group Inc)

Reports, Notices and Demands. (a) Any report, notice, demand or other communication that by any provision of this Trust Agreement is required or permitted to be given or served to or upon any Holder or the Depositor may be given or served in writing delivered in person, or by reputable, overnight courier, by telecopy or by deposit thereof, first-class postage prepaid, in the United States mail, addressed, (a) in the case of a Holder of Preferred Securities, to such Holder as such Holder's ’s name and address may appear on the Securities Register; and (b) in the case of the Holder of all the Common Securities or the Depositor, to NorthStar Realty Finance Limited PartnershipFirst Community Bancorp, 000 Xxxxxxx Xxxxxxxx Xxxx., Xxxxx Xxxxxx, Xxx Xxxx, XX Xxxxxxxxxx 00000, Attention: Xxxxxxx X. XxXxxxxxChief Financial Officer, or to such other address as may be specified in a written notice by the Holder of all the Common Securities or the Depositor, as the case may be, to the Property Trustee. Such report, notice, demand or other communication to or upon a Holder or the Depositor shall be deemed to have been given when received in person, within one (1) Business Day following delivery by overnight courier, when telecopied with receipt confirmed, or within three (3) Business Days following delivery by mail, except that if a notice or other document is refused delivery or cannot be delivered because of a changed address of which no notice was given, such notice or other document shall be deemed to have been delivered on the date of such refusal or inability to deliver.

Appears in 1 contract

Samples: Trust Agreement (First Community Bancorp /Ca/)

Reports, Notices and Demands. (a) Any report, notice, demand or other communication that by any provision of this Trust Agreement is required or permitted to be given or served to or upon any Holder or the Depositor may be given or served in writing delivered in person, or by reputable, overnight courier, by telecopy or by deposit thereof, first-class postage prepaid, in the United States mail, addressed, (a) in the case of a Holder of Preferred Securities, to such Holder as such Holder's ’s name and address may appear on the Securities Register; and (b) in the case of the Holder of all the Common Securities or the Depositor, to NorthStar Realty Finance Limited PartnershipPlains Capital Corporation, 000 Xxxxxxx 0000 Xxxxxx Xxxxx Xxxx. Xxx. 000, Xxxxxx, Xxx Xxxx, XX Xxxxx 00000, Attention: Xxxxxxx X. XxXxxxxxChief Financial Officer, or to such other address as may be specified in a written notice by the Holder of all the Common Securities or the Depositor, as the case may be, to the Property Trustee. Such report, notice, demand or other communication to or upon a Holder or the Depositor shall be deemed to have been given when received in person, within one (1) Business Day following delivery by overnight courier, when telecopied with receipt confirmed, or within three (3) Business Days following delivery by mail, except that if a notice or other document is refused delivery or cannot be delivered because of a changed address of which no notice was given, such notice or other document shall be deemed to have been delivered on the date of such refusal or inability to deliver.

Appears in 1 contract

Samples: Trust Agreement (Plains Capital Corp)

Reports, Notices and Demands. (a) Any report, notice, demand or other communication that by any provision of this Trust Agreement is required or permitted to be given or served to or upon any Holder or the Depositor may be given or served in writing delivered in person, or by reputable, overnight courier, by telecopy or by deposit thereof, first-class postage prepaid, in the United States mail, addressed, (a) in the case of a Holder of Preferred Securities, to such Holder as such Holder's ’s name and address may appear on the Securities Register; and (b) in the case of the Holder of all the Common Securities or the Depositor, to NorthStar Realty Finance Limited PartnershipHorizon Bancorp, 000 Xxxxxxx 500 Xxxxxxxx Xxxxxx, Xxx Xxxxxxxx Xxxx, XX Xxxxxxx 00000, Attention: Xxxxxxx X. XxXxxxxxChief Financial Officer, or to such other address as may be specified in a written notice by the Holder of all the Common Securities or the Depositor, as the case may be, to the Property Trustee. Such report, notice, demand or other communication to or upon a Holder or the Depositor shall be deemed to have been given when received in person, within one (1) Business Day following delivery by overnight courier, when telecopied with receipt confirmed, or within three (3) Business Days following delivery by mail, except that if a notice or other document is refused delivery or cannot be delivered because of a changed address of which no notice was given, such notice or other document shall be deemed to have been delivered on the date of such refusal or inability to deliver.

Appears in 1 contract

Samples: Trust Agreement (Horizon Bancorp /In/)

Reports, Notices and Demands. (a) Any report, notice, demand or other communication that by any provision of this Trust Agreement is required or permitted to be given or served to or upon any Holder or the Depositor may be given or served in writing delivered in person, or by reputable, overnight courier, by telecopy or by deposit thereof, first-class postage prepaid, in the United States mail, addressed, (a) in the case of a Holder of Preferred Securities, to such Holder as such Holder's name and address may appear on the Securities Register; and (b) in the case of the Holder of all the Common Securities or the Depositor, to NorthStar Realty Finance Limited PartnershipMainSource Financial Group, 000 Inc., 200 Xxxxx Xxxxxxxx, Xxxxxxxxxx, Xxxxxxx Xxxxxx, Xxx Xxxx, XX 00000, Attention: Xxxxxxx X. XxXxxxxxChief Financial Officer, or to such other address as may be specified in a written notice by the Holder of all the Common Securities or the Depositor, as the case may be, to the Property Trustee. Such report, notice, demand or other communication to or upon a Holder or the Depositor shall be deemed to have been given when received in person, within one (1) Business Day following delivery by overnight courier, when telecopied with receipt confirmed, or within three (3) Business Days following delivery by mail, except that if a notice or other document is refused delivery or cannot be delivered because of a changed address of which no notice was given, such notice or other document shall be deemed to have been delivered on the date of such refusal or inability to deliver.

Appears in 1 contract

Samples: Trust Agreement (Mainsource Financial Group)

Reports, Notices and Demands. (a) Any report, notice, demand or other communication that by any provision of this Trust Agreement is required or permitted to be given or served to or upon any Holder or the Depositor may be given or served in writing delivered in person, or by reputable, overnight courier, by telecopy or by deposit thereof, first-class postage prepaid, in the United States mail, addressed, (a) in the case of a Holder of Preferred Securities, to such Holder as such Holder's ’s name and address may appear on the Securities Register; and (b) in the case of the Holder of all the Common Securities or the Depositor, to NorthStar Realty Finance Limited Partnership, 000 Xxxxxxx Xxxxxx, Xxx Flag Financial Corporation 0000 Xxxxxxxx Xxxx, XX X.X., Xxxxx 000, Xxxxxxx, Xxxxxxx 00000, Attention: Xxxxxxx X. XxXxxxxxChief Financial Officer, or to such other address as may be specified in a written notice by the Holder of all the Common Securities or the Depositor, as the case may be, to the Property Trustee. Such report, notice, demand or other communication to or upon a Holder or the Depositor shall be deemed to have been given when received in person, within one (1) Business Day following delivery by overnight courier, when telecopied with receipt confirmed, or within three (3) Business Days following delivery by mail, except that if a notice or other document is refused delivery or cannot be delivered because of a changed address of which no notice was given, such notice or other document shall be deemed to have been delivered on the date of such refusal or inability to deliver.

Appears in 1 contract

Samples: Trust Agreement (Flag Financial Corp)

Reports, Notices and Demands. (a) Any report, notice, demand or other communication that by any provision of this Trust Agreement is required or permitted to be given or served to or upon any Holder or the Depositor may be given or served in writing delivered in person, or by reputable, overnight courier, by telecopy or by deposit thereof, first-class postage prepaid, in the United States mail, addressed, (a) in the case of a Holder of Preferred Securities, to such Holder as such Holder's name and address may appear on the Securities Register; and (b) in the case of the Holder of all the Common Securities or the Depositor, to NorthStar Realty Finance Limited PartnershipHealthMarkets, 000 Xxxxxxx XxxxxxLLC, Xxx Xxxx9151 Boulevard 26, XX 00000North Richland Hills, Texas 76180, Attention: Xxxxxxx Mark X. XxXxxxxxXxxxxxxx, or to such other address as may be specified xx xx xxxx xxxxx xxxxxxx xx xxx xx xxxxified in a written notice by wrxxxxx xxxxxx xx the Holder of all the Common Securities or the Depositor, as the case may be, to the Property Trustee. Such report, notice, demand or other communication to or upon a Holder or the Depositor shall be deemed to have been given when received in person, within one (1) Business Day following delivery by overnight courier, when telecopied with receipt confirmed, or within three (3) Business Days following delivery by mail, except that if a notice or other document is refused delivery or cannot be delivered because of a changed address of which no notice was given, such notice or other document shall be deemed to have been delivered on the date of such refusal or inability to deliver.

Appears in 1 contract

Samples: Trust Agreement (Uici)

Reports, Notices and Demands. (a) Any report, notice, demand or other communication that by any provision of this Trust Agreement is required or permitted to be given or served to or upon any Holder or the Depositor may be given or served in writing delivered in person, or by reputable, overnight courier, by telecopy or by deposit thereof, first-class postage prepaid, in the United States mail, addressed, (a) in the case of a Holder of Preferred Securities, to such Holder as such Holder's ’s name and address may appear on the Securities Register; and (b) in the case of the Holder of all [TPW: NYLEGAL:622053.6] 20889-00007 02/26/2007 01:29 PM the Common Securities or the Depositor, to NorthStar Realty Finance Limited PartnershipBluegreen Corporation, 000 0000 Xxxxxxxxxx Xxx Xxxxx, Xxxxx 000, Xxxx Xxxxx, Xxxxxxx Xxxxxx, Xxx Xxxx, XX 00000, Attention: Xxxxxxx X. XxXxxxxxChief Financial Officer, or to such other address as may be specified in a written notice by the Holder of all the Common Securities or the Depositor, as the case may be, to the Property Trustee. Such report, notice, demand or other communication to or upon a Holder or the Depositor shall be deemed to have been given when received in person, within one (1) Business Day following delivery by overnight courier, when telecopied with receipt confirmed, or within three (3) Business Days following delivery by mail, except that if a notice or other document is refused delivery or cannot be delivered because of a changed address of which no notice was given, such notice or other document shall be deemed to have been delivered on the date of such refusal or inability to deliver.

Appears in 1 contract

Samples: Trust Agreement (Bluegreen Corp)

Reports, Notices and Demands. (a) Any report, notice, demand or other communication that by any provision of this Trust Agreement is required or permitted to be given or served to or upon any Holder or the Depositor may be given or served in writing delivered in person, or by reputable, overnight courier, by telecopy or by deposit thereof, first-class postage prepaid, in the United States mail, addressed, (a) in the case of a Holder of Preferred Securities, to such Holder as such Holder's name and address may appear on the Securities Register; and (b) in the case of the Holder of all the Common Securities or the Depositor, to NorthStar Realty Finance Limited PartnershipAnthracite Capital, 000 Xxxxxxx XxxxxxInc., Xxx Xxxx40 East 52nd Street, XX 00000New York, NY 10022, Attention: Xxxxxxx X. XxXxxxxxChief Financial Oxxxxxx, or to such other address as may xx xx xxxx xxxxx xxxxxxx xx xxx be specified in a written notice by the Holder of all the Common Securities or the Depositor, as the case may be, to the Property Trustee. Such report, notice, demand or other communication to or upon a Holder or the Depositor shall be deemed to have been given when received in person, within one (1) Business Day following delivery by overnight courier, when telecopied with receipt confirmed, or within three (3) Business Days following delivery by mail, except that if a notice or other document is refused delivery or cannot be delivered because of a changed address of which no notice was given, such notice or other document shall be deemed to have been delivered on the date of such refusal or inability to deliver.

Appears in 1 contract

Samples: Trust Agreement (Anthracite Capital Inc)

Reports, Notices and Demands. (a) Any report, notice, demand or other communication that by any provision of this Trust Agreement is required or permitted to be given or served to or upon any Holder or the Depositor may be given or served in writing delivered in person, or by reputable, overnight courier, by telecopy or by deposit thereof, first-class postage prepaid, in the United States mail, addressed, (a) in the case of a Holder of Preferred Securities, to such Holder as such Holder's ’s name and address may appear on the Securities Register; and (b) in the case of the Holder of all the Common Securities or the Depositor, to NorthStar Realty Finance Limited PartnershipDeerfield Triarc Capital Corp., 000 Xxxxxxx Xxxxxx0000 X. Xxxxx Xxxx, Xxx Xxxx0xx Xxxxx, Xxxxxxxx, XX 00000, Attention: Xxxxxxx X. XxXxxxxxSecretary, or to such other address as may be specified in a written notice by the Holder of all the Common Securities or the Depositor, as the case may be, to the Property Trustee. Such report, notice, demand or other communication to or upon a Holder or the Depositor shall be deemed to have been given when received in person, within one (1) Business Day following delivery by overnight courier, when telecopied with receipt confirmed, or within three (3) Business Days following delivery by mail, except that if a notice or other document is refused delivery or cannot be delivered because of a changed address of which no notice was given, such notice or other document shall be deemed to have been delivered on the date of such refusal or inability to deliver.

Appears in 1 contract

Samples: Trust Agreement (Deerfield Triarc Capital Corp)

Reports, Notices and Demands. (a) Any report, notice, demand or other communication that by any provision of this Trust Agreement is required or permitted to be given or served to or upon any Holder or the Depositor may be given or served in writing delivered in person, or by reputable, overnight courier, by telecopy or by deposit thereof, first-class postage prepaid, in the United States mail, addressed, (a) in the case of a Holder of Preferred Securities, to such Holder as such Holder's name and address may appear on the Securities Register; and (b) in the case of the Holder of all the Common Securities or the Depositor, to NorthStar Realty Finance Limited PartnershipAnthracite Capital, 000 Xxxxxxx XxxxxxInc. 40 East 52nd Street, Xxx XxxxNew York, XX 00000NY 10022, Attention: Xxxxxxx X. XxXxxxxx, or to such other address as may be Chief Financial Ofxxxxx xx xx xxxx xxxxx xxxxxxx xx xxx xe specified in a written notice by the Holder of all the Common Securities or the Depositor, as the case may be, to the Property Trustee. Such report, notice, demand or other communication to or upon a Holder or the Depositor shall be deemed to have been given when received in person, within one (1) Business Day following delivery by overnight courier, when telecopied with receipt confirmed, or within three (3) Business Days following delivery by mail, except that if a notice or other document is refused delivery or cannot be delivered because of a changed address of which no notice was given, such notice or other document shall be deemed to have been delivered on the date of such refusal or inability to deliver.

Appears in 1 contract

Samples: Trust Agreement (Anthracite Capital Inc)

Reports, Notices and Demands. (a) Any report, notice, demand or other communication that by any provision of this Trust Agreement is required or permitted to be given or served to or upon any Holder or the Depositor may be given or served in writing delivered in person, or by reputable, overnight courier, by telecopy or by deposit thereof, first-class postage prepaid, in the United States mail, addressed, (a) in the case of a Holder of Preferred Securities, to such Holder as such Holder's ’s name and address may appear on the Securities Register; and (b) in the case of the Holder of all the Common Securities or the Depositor, to NorthStar Realty Finance Limited PartnershipMiddlefield Banc Corp., 000 Xxxxxxx 10000 Xxxx Xxxx Xxxxxx, X. X. Xxx Xxxx00, XX Xxxxxxxxxxx, Xxxx 00000, Attention: Xxxxxxx X. XxXxxxxxChief Financial Officer, or to such other address as may be specified in a written notice by the Holder of all the Common Securities or the Depositor, as the case may be, to the Property Trustee. Such report, notice, demand or other communication to or upon a Holder or the Depositor shall be deemed to have been given when received in person, within one (1) Business Day following delivery by overnight courier, when 58 telecopied with receipt confirmed, or within three (3) Business Days following delivery by mail, except that if a notice or other document is refused delivery or cannot be delivered because of a changed address of which no notice was given, such notice or other document shall be deemed to have been delivered on the date of such refusal or inability to deliver.

Appears in 1 contract

Samples: Trust Agreement (Middlefield Banc Corp)

Reports, Notices and Demands. (a) Any report, notice, demand or other communication that by any provision of this Trust Agreement is required or permitted to be given or served to or upon any Holder or the Depositor may be given or served in writing delivered in person, or by reputable, overnight courier, by telecopy or by deposit thereof, first-class postage prepaid, in the United States mail, addressed, (ax) in the case of a Holder of Preferred Securities, to such Holder as such Holder's name and address may appear on the Securities Register; and (by) in the case of the Holder of all the Common Securities or the Depositor, to NorthStar Realty Finance Limited PartnershipOrleans Homebuilders, 000 Xxxxxxx XxxxxxInc., Xxx One Greenwood Square, 0000 Xxxxxx Xxxx, Xxxxx 000, Xxxxxxxx, XX 00000, Attention: Xxxxxxx X. XxXxxxxxChief Financial Officer, or to such other address as may be specified in a written notice by the Holder of all the Common Securities or the Depositor, as the case may be, to the Property Trustee. Such report, notice, demand or other communication to or upon a Holder or the Depositor shall be deemed to have been given when received in person, within one (1) Business Day following delivery by overnight courier, when telecopied with receipt confirmed, or within three (3) Business Days following delivery by mail, except that if a notice or other document is refused delivery or cannot be delivered because of a changed address of which no notice was given, such notice or other document shall be deemed to have been delivered on the date of such refusal or inability to deliver.

Appears in 1 contract

Samples: Trust Agreement (Orleans Homebuilders Inc)

Reports, Notices and Demands. (a) Any report, notice, demand or other communication that by any provision of this Trust Agreement is required or permitted to be given or served to or upon any Holder Holder, the Depositor or the Depositor Guarantor may be given or served in writing delivered in person, or by reputable, overnight courier, by telecopy or by deposit thereof, first-class postage prepaid, in the United States mail, addressed, (a) in the case of a Holder of Preferred Securities, to such Holder as such Holder's ’s name and address may appear on the Securities Register; and (b) in the case of the Holder of all the Common Securities or the Depositor, to NorthStar Realty Finance Limited PartnershipPartnership c/o NorthStar Realty Finance Corp., 000 Xxxxxxx Xxxx Xxxxxx, 00xx Xxxxx, Xxx Xxxx, XX 00000, Attention: Xxxxxxx X. XxXxxxxxChief Financial Officer, or to such other address as may be specified in a written notice by the Holder of all the Common Securities or the Depositor, as the case may be, to the Property Trustee; and (c) in the case of the Guarantor, to NorthStar Realty Finance Corp., 000 Xxxx Xxxxxx, 00xx Xxxxx, Xxx Xxxx, XX 00000, Attention: Chief Financial Officer, or to such other address as may be specified in a written notice by the Guarantor to the Property Trustee. Such report, notice, demand or other communication to or upon a Holder Holder, the Depositor or the Depositor Guarantor shall be deemed to have been given when received in person, within one (1) Business Day following delivery by overnight courier, when telecopied with receipt confirmed, or within three (3) Business Days following delivery by mail, except that if a notice or other document is refused delivery or cannot be delivered because of a changed address of which no notice was given, such notice or other document shall be deemed to have been delivered on the date of such refusal or inability to deliver.

Appears in 1 contract

Samples: Trust Agreement (Northstar Realty)

Reports, Notices and Demands. (a) Any report, notice, demand or other communication that by any provision of this Trust Agreement is required or permitted to be given or served to or upon any Holder or the Depositor may be given or served in writing delivered in person, or by reputable, overnight courier, by telecopy or by deposit thereof, first-class postage prepaid, in the United States mail, addressed, (a) in the case of a Holder of Preferred Securities, to such Holder as such Holder's ’s name and address may appear on the Securities Register; and (b) in the case of the Holder of all the Common Securities or the Depositor, to NorthStar Realty Finance Limited PartnershipReading International, 000 Inc., 500 Xxxxxxx XxxxxxXxxxx, Xxx XxxxXxxxx 000, XX Xxxxxxxx, Xxxxxxxxxx 00000, Attention: Xxxxxxx X. XxXxxxxx, or to such other address as may be specified in a written notice by the Holder of all the Common Securities or the Depositor, as the case may be, to the Property Trustee. Such report, notice, demand or other communication to or upon a Holder or the Depositor shall be deemed to have been given when received in person, within one (1) Business Day following delivery by overnight courier, when telecopied with receipt confirmed, or within three (3) Business Days following delivery by mail, except that if a notice or other document is refused delivery or cannot be delivered because of a changed address of which no notice was given, such notice or other document shall be deemed to have been delivered on the date of such refusal or inability to deliver.

Appears in 1 contract

Samples: Trust Agreement (Reading International Inc)

Reports, Notices and Demands. (a) Any report, notice, demand or other communication that by any provision of this Trust Agreement is required or permitted to be given or served to or upon any Holder or the Depositor may be given or served in writing delivered in person, or by reputable, overnight courier, by telecopy or by deposit thereof, first-class postage prepaid, in the United States mail, addressed, (a) in the case of a Holder of Preferred Securities, to such Holder as such Holder's name and address may appear on the Securities Register; and (b) in the case of the Holder of all the Common Securities or the Depositor, to NorthStar Realty Finance Limited PartnershipCommunity Shores Bank Corporation, 000 Xxxxxxx 0000 Xxxx Xxxxxx Xxxxxx, Xxx XxxxXxxxxxxx, XX Xxxxxxxx 00000, Attention: Xxxxxxx X. XxXxxxxxChief Financial Officer, or to such other address as may be specified in a written notice by the Holder of all the Common Securities or the Depositor, as the case may be, to the Property Trustee. Such report, notice, demand or other communication to or upon a Holder or the Depositor shall be deemed to have been given when received in person, within one (1) Business Day following delivery by overnight courier, when telecopied with receipt confirmed, or within three (3) Business Days following delivery by mail, except that if a notice or other document is refused delivery or cannot be delivered because of a changed address of which no notice was given, such notice or other document shall be deemed to have been delivered on the date of such refusal or inability to deliver.

Appears in 1 contract

Samples: Trust Agreement (Community Shores Bank Corp)

Reports, Notices and Demands. (a) Any report, notice, demand or other communication that by any provision of this Trust Agreement is required or permitted to be given or served to or upon any Holder or the Depositor may be given or served in writing delivered in person, or by reputable, overnight courier, by telecopy or by deposit thereof, first-class postage prepaid, in the United States mail, addressed, (a) in the case of a Holder of Preferred Securities, to such Holder as such Holder's ’s name and address may appear on the Securities Register; and (b) in the case of the Holder of all the Common Securities or the Depositor, to NorthStar Realty Finance Limited PartnershipSaehan Bancorp, 000 Xxxxxxx Xxxxxx0000 Xxxxxxxx Xxxx., Xxxxx 0000, Xxx XxxxXxxxxxx, XX 00000, Attention: Xxxxxxx X. XxXxxxxxChief Financial Officer, or to such other address as may be specified in a written notice by the Holder of all the Common Securities or the Depositor, as the case may be, to the Property Trustee. Such report, notice, demand or other communication to or upon a Holder or the Depositor shall be deemed to have been given when received in person, within one (1) Business Day following delivery by overnight courier, when telecopied with receipt confirmed, or within three (3) Business Days following delivery by mail, except that if a notice or other document is refused delivery or cannot be delivered because of a changed address of which no notice was given, such notice or other document shall be deemed to have been delivered on the date of such refusal or inability to deliver.

Appears in 1 contract

Samples: Trust Agreement (Wilshire Bancorp Inc)

Reports, Notices and Demands. (a) Any report, notice, demand or other communication that by any provision of this Trust Agreement is required or permitted to be given or served to or upon any Holder or the Depositor may be given or served in writing delivered in person, or by reputable, overnight courier, by telecopy or by deposit thereof, first-class postage prepaid, in the United States mail, addressed, (a) in the case of a Holder of Preferred Securities, to such Holder as such Holder's ’s name and address may appear on the Securities Register; and (b) in the case of the Holder of all the Common Securities or the Depositor, to NorthStar Realty Finance Limited PartnershipAlesco Financial Inc., 000 Xxxxxxx 0000 Xxxx Xxxxxx, Xxx Xxxx00xx xxxxx, Xxxxxxxxxxxx, XX 00000, Attention: Xxxxxxx X. XxXxxxxxXxxx Xxxxxxx, or to such other address as may be specified in a written notice by the Holder of all the Common Securities or the Depositor, as the case may be, to the Property Trustee. Such report, notice, demand or other communication to or upon a Holder or the Depositor shall be deemed to have been given when received in person, within one (1) Business Day following delivery by overnight courier, when telecopied with receipt confirmed, or within three (3) Business Days following delivery by mail, except that if a notice or other document is refused delivery or cannot be delivered because of a changed address of which no notice was given, such notice or other document shall be deemed to have been delivered on the date of such refusal or inability to deliver.

Appears in 1 contract

Samples: Trust Agreement (Alesco Financial Inc)

Reports, Notices and Demands. (a) Any report, notice, demand or other communication that by any provision of this Trust Agreement is required or permitted to be given or served to or upon any Holder or the Depositor may be given or served in writing delivered in person, or by reputable, overnight courier, by telecopy or by deposit thereof, first-class postage prepaid, in the United States mail, addressed, (a) in the case of a Holder of Preferred Securities, to such Holder as such Holder's ’s name and address may appear on the Securities Register; and (b) in the case of the Holder of all the Common Securities or the Depositor, to NorthStar Realty Finance Limited XX Xxxxx Operating Partnership, L.P., 000 Xxxxxxx Xxxxxxxxx Xxxxxx, Xxx Xxxx, XX 00000, Attention: Xxxxxxx X. XxXxxxxxXxxxxx, with a copy to Xxxxxxxx Chance US LLP, 00 Xxxx 00xx Xxxxxx, Xxx Xxxx, XX 00000, Attention: Xxxxx X. Xxxxxxxxx, or to such other address as may be specified in a written notice by the Holder of all the Common Securities or the Depositor, as the case may be, to the Property Trustee. Such report, notice, demand or other communication to or upon a Holder or the Depositor shall be deemed to have been given when received in person, within one (1) Business Day following delivery by overnight courier, when telecopied with receipt confirmed, or within three (3) Business Days following delivery by mail, except that if a notice or other document is refused delivery or cannot be delivered because of a changed address of which no notice was given, such notice or other document shall be deemed to have been delivered on the date of such refusal or inability to deliver.

Appears in 1 contract

Samples: Trust Agreement (Sl Green Realty Corp)

Reports, Notices and Demands. (a) Any report, notice, demand or other communication that by any provision of this Trust Agreement is required or permitted to be given or served to or upon any Holder or the Depositor may be given or served in writing delivered in person, or by reputable, overnight courier, by telecopy or by deposit thereof, first-class postage prepaid, in the United States mail, addressed, (a) in the case of a Holder of Preferred Securities, to such Holder as such Holder's name and address may appear on the Securities Register; and (b) in the case of the Holder of all the Common Securities or the Depositor, to NorthStar Realty Finance Limited PartnershipSouthcoast Financial Corporation, 000 Xxxxxxx Xxxxxx530 Johnnie Dodds Blvd., Xxx XxxxMt. Pleasxxx, XX 00000, AttentionXxtention: Xxxxxxx X. XxXxxxxxRobert M. Scott, or to such other address as may xxxxxxx xx xxy be specified in a written notice by the Holder of all the Common Securities or the Depositor, as the case may be, to the Property Trustee. Such report, notice, demand or other communication to or upon a Holder or the Depositor shall be deemed to have been given when received in person, within one (1) Business Day following delivery by overnight courier, when telecopied with receipt confirmed, or within three (3) Business Days following delivery by mail, except that if a notice or other document is refused delivery or cannot be delivered because of a changed address of which no notice was given, such notice or other document shall be deemed to have been delivered on the date of such refusal or inability to deliver.

Appears in 1 contract

Samples: And (Southcoast Financial Corp)

Reports, Notices and Demands. (a) Any report, notice, demand or other communication that by any provision of this Trust Agreement is required or permitted to be given or served to or upon any Holder or the Depositor may be given or served in writing delivered in person, or by reputable, overnight courier, by telecopy or by deposit thereof, first-class postage prepaid, in the United States mail, addressed, (a) in the case of a Holder of Preferred Securities, to such Holder as such Holder's ’s name and address may appear on the Securities Register; and (b) in the case of the Holder of all the Common Securities or the Depositor, to NorthStar Realty Finance Limited PartnershipRepublic Bancorp, Inc., 000 Xxxxxxx Xxxx Xxxxxx Xxxxxx, Xxx XxxxXxxxxxxxxx, XX Xxxxxxxx 00000, Attention: Xxxxxxx X. XxXxxxxxChief Financial Officer, or to such other address as may be specified in a written notice by the Holder of all the Common Securities or the Depositor, as the case may be, to the Property Trustee. Such report, notice, demand or other communication to or upon a Holder or the Depositor shall be deemed to have been given when received in person, within one (1) Business Day following delivery by overnight courier, when telecopied with receipt confirmed, or within three (3) Business Days following delivery by mail, except that if a notice or other document is refused delivery or cannot be delivered because of a changed address of which no notice was given, such notice or other document shall be deemed to have been delivered on the date of such refusal or inability to deliver.

Appears in 1 contract

Samples: Trust Agreement (Republic Bancorp Inc /Ky/)

Reports, Notices and Demands. (a) Any report, notice, demand or other communication that by any provision of this Trust Agreement is required or permitted to be given or served to or upon any Holder or the Depositor may be given or served in writing delivered in person, or by reputable, overnight courier, by telecopy or by deposit thereof, first-class postage prepaid, in the United States mail, addressed, (a) in the case of a Holder of Preferred Securities, to such Holder as such Holder's name and address may appear on the Securities Register; and (b) in the case of the Holder of all the Common Securities or the Depositor, to NorthStar Realty Finance Limited PartnershipUnited Bancorp, Inc., 000 Xxxxxxx Xxxxx Xxxxxx Xxxxxx, Xxx XxxxP.O. Box 10, XX 00000Martins Ferry, Ohio 43935- 0010, Attention: Xxxxxxx X. XxXxxxxxChief Financial Officer, or to such other address as may be specified in a written notice by the Holder of all the Common Securities or the Depositor, as the case may be, to the Property Trustee. Such report, notice, demand or other communication to or upon a Holder or the Depositor shall be deemed to have been given when received in person, within one (1) Business Day following delivery by overnight courier, when telecopied with receipt confirmed, or within three (3) Business Days following delivery by mail, except that if a notice or other document is refused delivery or cannot be delivered because of a changed address of which no notice was given, such notice or other document shall be deemed to have been delivered on the date of such refusal or inability to deliver.

Appears in 1 contract

Samples: Trust Agreement (United Bancorp Inc /Oh/)

Reports, Notices and Demands. (a) Any report, notice, demand or other communication that by any provision of this Trust Agreement is required or permitted to be given or served to or upon any Holder or the Depositor may be given or served in writing delivered in person, or by reputable, overnight courier, by telecopy or by deposit thereof, first-class postage prepaid, in the United States mail, addressed, (a) in the case of a Holder of Preferred Securities, to such Holder as such Holder's ’s name and address may appear on the Securities Register; and (b) in the case of the Holder of all the Common Securities or the Depositor, to NorthStar Realty Finance Limited PartnershipCamden National Corporation, 000 Xxxxxxx Xxx Xxx Xxxxxx, Xxx XxxxXxxxxx, XX Xxxxx 00000, Attention: Xxxxxxx X. XxXxxxxxChief Financial Officer, or to such other address as may be specified in a written notice by the Holder of all the Common Securities or the Depositor, as the case may be, to the Property Trustee. Such report, notice, demand or other communication to or upon a Holder or the Depositor shall be deemed to have been given when received in person, within one (1) Business Day following delivery by overnight courier, when telecopied with receipt confirmed, or within three (3) Business Days following delivery by mail, except that if a notice or other document is refused delivery or cannot be delivered because of a changed address of which no notice was given, such notice or other document shall be deemed to have been delivered on the date of such refusal or inability to deliver.

Appears in 1 contract

Samples: Trust Agreement (Camden National Corp)

Reports, Notices and Demands. (a) Any report, notice, demand or other communication that by any provision of this Trust Agreement is required or permitted to be given or served to or upon any Holder or the Depositor may be given or served in writing delivered in person, or by reputable, overnight courier, by telecopy or by deposit thereof, first-class postage prepaid, in the United States mail, addressed, (a) in the case of a Holder of Preferred Securities, to such Holder as such Holder's ’s name and address may appear on the Securities Register; and (b) in the case of the Holder of all the Common Securities or the Depositor, to NorthStar Realty Finance Limited PartnershipGreat Wolf Resorts, Inc. 000 Xxxxxxx Xxxx Xxxxxxxxxx Xxxxxx, Xxx XxxxXxxxxxx, XX 00000, Attention: Xxxxxxx X. XxXxxxxx, or to such other address as may be specified in a written notice by the Holder of all the Common Securities or the Depositor, as the case may be, to the Property Trustee. Such report, notice, demand or other communication to or upon a Holder or the Depositor shall be deemed to have been given when received in person, within one (1) Business Day following delivery by overnight courier, when telecopied with receipt confirmed, or within three (3) Business Days following delivery by mail, except that if a notice or other document is refused delivery or cannot be delivered because of a changed address of which no notice was given, such notice or other document shall be deemed to have been delivered on the date of such refusal or inability to deliver.

Appears in 1 contract

Samples: Trust Agreement (Great Wolf Resorts, Inc.)

Reports, Notices and Demands. (a) Any report, notice, demand or other communication that by any provision of this Trust Agreement is required or permitted to be given or served to or upon any Holder or the Depositor may be given or served in writing delivered in person, or by reputable, overnight courier, by telecopy or by deposit thereof, first-class postage prepaid, in the United States mail, addressed, (a) in the case of a Holder of Preferred Securities, to such Holder as such Holder's ’s name and address may appear on the Securities Register; and (b) in the case of the Holder of all the Common Securities or the Depositor, to NorthStar Realty Finance Limited PartnershipTexas Capital Bancshares, 000 Xxxxxxx Inc., 2000 XxXxxxxx Xxxxxx, Xxx XxxxSuite 900, XX 00000Dallas, Texas 75201, Attention: Xxxxxxx X. XxXxxxxxChief Financial Officer, or to such other address as may be specified in a written notice by the Holder of all the Common Securities or the Depositor, as the case may be, to the Property Trustee. Such report, notice, demand or other communication to or upon a Holder or the Depositor shall be deemed to have been given when received in person, within one (1) Business Day following delivery by overnight courier, when telecopied with receipt confirmed, or within three (3) Business Days following delivery by mail, except that if a notice or other document is refused delivery or cannot be delivered because of a changed address of which no notice was given, such notice or other document shall be deemed to have been delivered on the date of such refusal or inability to deliver.

Appears in 1 contract

Samples: Trust Agreement (Texas Capital Bancshares Inc/Tx)

Reports, Notices and Demands. (a) Any report, notice, demand or other communication that by any provision of this Trust Agreement is required or permitted to be given or served to or upon any Holder or the Depositor may be given or served in writing delivered in person, or by reputable, overnight courier, by telecopy or by deposit thereof, first-class postage prepaid, in the United States mail, addressed, (a) in the case of a Holder of Preferred Securities, to such Holder as such Holder's name and address may appear on the Securities Register; and (b) in the case of the Holder of all the Common Securities or the Depositor, to NorthStar Realty Finance Limited PartnershipCapstead Mortgage Corporation 8401 N. Central Expressway, 000 Xxxxxxx XxxxxxSuite 800, Xxx XxxxDallas, XX 00000Texas 75225, Attention: Xxxxxxx X. XxXxxxxxXx. Xxxxxxx, or to such other address as may be specified xx xx xxxx xxxxx xxxxxxx xx xxx xx xxxxxxxxx in a written notice by xxxxxx xx the Holder of all the Common Securities or the Depositor, as the case may be, to the Property Trustee. Such report, notice, demand or other communication to or upon a Holder or the Depositor shall be deemed to have been given when received in person, within one (1) Business Day following delivery by overnight courier, when telecopied with receipt confirmed, or within three (3) Business Days following delivery by mail, except that if a notice or other document is refused delivery or cannot be delivered because of a changed address of which no notice was given, such notice or other document shall be deemed to have been delivered on the date of such refusal or inability to deliver.

Appears in 1 contract

Samples: Trust Agreement (Capstead Mortgage Corp)

Reports, Notices and Demands. (a) Any report, notice, demand or other communication that by any provision of this Trust Agreement is required or permitted to be given or served to or upon any Holder or the Depositor may be given or served in writing delivered in person, or by reputable, overnight courier, by telecopy or by deposit thereof, first-class postage prepaid, in the United States mail, addressed, (a) in the case of a Holder of Preferred Securities, to such Holder as such Holder's ’s name and address may appear on the Securities Register; and (b) in the case of the Holder of all the Common Securities or the Depositor, to NorthStar Realty Finance Hersha Hospitality Limited Partnership, 000 Xxxxxxx Xxxxxx Xxxxxx, Xxx Xxxx0xx Xxxxx, XX Xxxxxxxxxxxx, Xxxxxxxxxxxx 00000, Attention: Xxxxxxx X. XxXxxxxxChief Financial Officer, or to such other address as may be specified in a written notice by the Holder of all the Common Securities or the Depositor, as the case may be, to the Property Trustee. Such report, notice, demand or other communication to or upon a Holder or the Depositor shall be deemed to have been given when received in person, within one (1) Business Day following delivery by overnight courier, when telecopied with receipt confirmed, or within three (3) Business Days following delivery by mail, except that if a notice or other document is refused delivery or cannot be delivered because of a changed address of which no notice was given, such notice or other document shall be deemed to have been delivered on the date of such refusal or inability to deliver.

Appears in 1 contract

Samples: Trust Agreement (Hersha Hospitality Trust)

Reports, Notices and Demands. (a) Any report, notice, demand or other communication that by any provision of this Trust Agreement is required or permitted to be given or served to or upon any Holder or the Depositor may be given or served in writing delivered in person, or by reputable, overnight courier, by telecopy or by deposit thereof, first-class postage prepaid, in the United States mail, addressed, (a) in the case of a Holder of Preferred Securities, to such Holder as such Holder's ’s name and address may appear on the Securities Register; and (b) in the case of the Holder of all the Common Securities or the Depositor, to NorthStar Realty Finance Limited PartnershipMorgans Group LLC, 000 Xxxxxxx Xxxxx Xxxxxx, Xxx Xxxx, XX 00000, Attention: Xxxxxxx X. XxXxxxxxChief Financial Officer, or to such other address as may be specified in a written notice by the Holder of all the Common Securities or the Depositor, as the case may be, to the Property Trustee. Such report, notice, demand or other communication to or upon a Holder or the Depositor shall be deemed to have been given when received in person, within one (1) Business Day following delivery by overnight courier, when telecopied with receipt confirmed, or within three (3) Business Days following delivery by mail, except that if a notice or other document is refused delivery or cannot be delivered because of a changed address of which no notice was given, such notice or other document shall be deemed to have been delivered on the date of such refusal or inability to deliver.

Appears in 1 contract

Samples: Trust Agreement (Morgans Hotel Group Co.)

Reports, Notices and Demands. (a) Any report, notice, demand or other communication that by any provision of this Trust Agreement is required or permitted to be given or served to or upon any Holder Holder, the Depositor or the Depositor Guarantor may be given or served in writing delivered in person, or by reputable, overnight courier, by telecopy or by deposit thereof, first-class postage prepaid, in the United States mail, addressed, (a) in the case of a Holder of Preferred Securities, to such Holder as such Holder's ’s name and address may appear on the Securities Register; and (b) in the case of the Holder of all the Common Securities or the Depositor, to NorthStar Realty Finance Limited PartnershipPartnership c/o NorthStar Realty Finance Corp., 000 Xxxxxxx Xxxxxx, Xxx Xxxx, XX 00000, Attention: Xxxxxxx X. XxXxxxxxChief Financial Officer, or to such other address as may be specified in a written notice by the Holder of all the Common Securities or the Depositor, as the case may be, to the Property Trustee; and (c) in the case of the Guarantor, to NorthStar Realty Finance Corp., 000 Xxxxxxx Xxxxxx, Xxx Xxxx, XX 00000, Attention: Chief Financial Officer, or to such other address as may be specified in a written notice by the Guarantor to the Property Trustee. Such report, notice, demand or other communication to or upon a Holder Holder, the Depositor or the Depositor Guarantor shall be deemed to have been given when received in person, within one (1) Business Day following delivery by overnight courier, when telecopied with receipt confirmed, or within three (3) Business Days following delivery by mail, except that if a notice or other document is refused delivery or cannot be delivered because of a changed address of which no notice was given, such notice or other document shall be deemed to have been delivered on the date of such refusal or inability to deliver.

Appears in 1 contract

Samples: Trust Agreement (Northstar Realty)

Reports, Notices and Demands. (a) Any report, notice, demand or other communication that by any provision of this Trust Agreement is required or permitted to be given or served to or upon any Holder or the Depositor may be given or served in writing delivered in person, or by reputable, overnight courier, by telecopy or by deposit thereof, first-class postage prepaid, in the United States mail, addressed, (a) in the case of a Holder of Preferred Securities, to such Holder as such Holder's name and address may appear on the Securities Register; and (b) in the case of the Holder of all the Common Securities or the Depositor, to NorthStar Realty Finance Limited PartnershipWesBanco, 000 Xxxxxxx XxxxxxInc., Xxx XxxxOne Bank Plaza, XX 00000Wheeling, WV 26003, Attention: Xxxxxxx X. XxXxxxxxRobert H. Younx, or to such other address as may xx xx xxxx xxxxx xxxxxxx xx xxx be specified in a written notice xx x xxxxxxx xotice by the Holder of all the Common Securities or the Depositor, as the case may be, to the Property Trustee. Such report, notice, demand or other communication to or upon a Holder or the Depositor shall be deemed to have been given when received in person, within one (1) Business Day following delivery by overnight courier, when telecopied with receipt confirmed, or within three (3) Business Days following delivery by mail, except that if a notice or other document is refused delivery or cannot be delivered because of a changed address of which no notice was given, such notice or other document shall be deemed to have been delivered on the date of such refusal or inability to deliver.

Appears in 1 contract

Samples: Trust Agreement (Wesbanco Inc)

Reports, Notices and Demands. (a) Any report, notice, demand or other communication that by any provision of this Trust Agreement is required or permitted to be given or served to or upon any Holder Holder, the Depositor or the Depositor Guarantor may be given or served in writing delivered in person, or by reputable, overnight courier, by telecopy or by deposit thereof, first-class postage prepaid, in the United States mail, addressed, (a) in the case of a Holder of Preferred Securities, to such Holder as such Holder's name and address may appear on the Securities Register; and (b) in the case of the Holder of all the Common Securities or the Depositor, to NorthStar Realty Finance Limited PartnershipMortgageIT, 000 Xxxxxxx XxxxxxInc., 00 Xxxxxx Xxxx, Xxx Xxxx, XX 00000, Attention: Xxxxxxx X. XxXxxxxxChief Financial Officer, or to such other address as may be specified in a written notice by the Holder of all the Common Securities or the Depositor, as the case may be, to the Property Trustee; and (c) in the case of the Guarantor, to MortgageIT Holdings, Inc., 00 Xxxxxx Xxxx, Xxx Xxxx, XX 00000, Attention: Chief Financial Officer, or to such other address as may be specified in a written notice by the Guarantor to the Property Trustee. Such report, notice, demand or other communication to or upon a Holder Holder, the Depositor or the Depositor Guarantor shall be deemed to have been given when received in person, within one (1) Business Day following delivery by overnight courier, when telecopied with receipt confirmed, or within three (3) Business Days following delivery by mail, except that if a notice or other document is refused delivery or cannot be delivered because of a changed address of which no notice was given, such notice or other document shall be deemed to have been delivered on the date of such refusal or inability to deliver.

Appears in 1 contract

Samples: Trust Agreement (MortgageIT Holdings, Inc.)

Reports, Notices and Demands. (a) Any report, notice, demand or other communication that by any provision of this Trust Agreement is required or permitted to be given or served to or upon any Holder or the Depositor may be given or served in writing delivered in person, or by reputable, overnight courier, by telecopy or by deposit thereof, first-class postage prepaid, in the United States mail, addressed, (a) in the case of a Holder of Preferred Securities, to such Holder as such Holder's ’s name and address may appear on the Securities Register; and (b) in the case of the Holder of all the Common Securities or the Depositor, to NorthStar Realty Finance Limited PartnershipCoastal Banking Company, 000 Xxxxxxx XxxxxxInc., 00 Xxx Xxxxxx Xxxx, XX Xxxxxxxx, Xxxxx Xxxxxxxx 00000, Attention: Xxxxxxx X. XxXxxxxxChief Financial Officer, or to such other address as may be specified in a written notice by the Holder of all the Common Securities or the Depositor, as the case may be, to the Property Trustee. Such report, notice, demand or other communication to or upon a Holder or the Depositor shall be deemed to have been given when received in person, within one (1) Business Day following delivery by overnight courier, when telecopied with receipt confirmed, or within three (3) Business Days following delivery by mail, except that if a notice or other document is refused delivery or cannot be delivered because of a changed address of which no notice was given, such notice or other document shall be deemed to have been delivered on the date of such refusal or inability to deliver.

Appears in 1 contract

Samples: Trust Agreement (Coastal Banking Co Inc)

Reports, Notices and Demands. (a) Any report, notice, demand or other communication that by any provision of this Trust Agreement is required or permitted to be given or served to or upon any Holder or the Depositor may be given or served in writing delivered in person, or by reputable, overnight courier, by telecopy or by deposit thereof, first-class postage prepaid, in the United States mail, addressed, (a) in the case of a Holder of Preferred Securities, to such Holder as such Holder's ’s name and address may appear on the Securities Register; and (b) in the case of the Holder of all the Common Securities or the Depositor, to NorthStar Realty Finance Limited PartnershipDeerfield Triarc Capital Corp., 000 Xxxxxxx Xxxxxx0000 Xxxx Xxxx Xxxx, Xxx Xxxx00xx Xxxxx, Xxxxxxx, XX 00000, Attention: Xxxxxxx X. XxXxxxxxSecretary, or to such other address as may be specified in a written notice by the Holder of all the Common Securities or the Depositor, as the case may be, to the Property Trustee. Such report, notice, demand or other communication to or upon a Holder or the Depositor shall be deemed to have been given when received in person, within one (1) Business Day following delivery by overnight courier, when telecopied with receipt confirmed, or within three (3) Business Days following delivery by mail, except that if a notice or other document is refused delivery or cannot be delivered because of a changed address of which no notice was given, such notice or other document shall be deemed to have been delivered on the date of such refusal or inability to deliver.

Appears in 1 contract

Samples: Trust Agreement (Deerfield Triarc Capital Corp)

Reports, Notices and Demands. (a) Any report, notice, demand or other communication that by any provision of this Trust Agreement is required or permitted to be given or served to or upon any Holder or the Depositor may be given or served in writing delivered in person, or by reputable, overnight courier, by telecopy or by deposit thereof, first-class postage prepaid, in the United States mail, addressed, (a) in the case of a Holder of Preferred Securities, to such Holder as such Holder's ’s name and address may appear on the Securities Register; and (b) in the case of the Holder of all the Common Securities or the Depositor, to NorthStar Realty Finance Limited PartnershipXxxxxx County Bancshares, Inc., 000 Xxxxxxx Xxxxx Xxxx Xxxxxx, Xxx XxxxXxxxxxxxxxx, XX Xxxxxxxxx 00000, Attention: Xxxxxxx X. XxXxxxxxChief Financial Officer, or to such other address as may be specified in a written notice by the Holder of all the Common Securities or the Depositor, as the case may be, to the Property Trustee. Such report, notice, demand or other communication to or upon a Holder or the Depositor shall be deemed to have been given when received in person, within one (1) Business Day following delivery by overnight courier, when telecopied with receipt confirmed, or within three (3) Business Days following delivery by mail, except that if a notice or other document is refused delivery or cannot be delivered because of a changed address of which no notice was given, such notice or other document shall be deemed to have been delivered on the date of such refusal or inability to deliver.

Appears in 1 contract

Samples: Trust Agreement (Green Bankshares, Inc.)

Reports, Notices and Demands. (a) Any report, notice, demand or other communication that by any provision of this Trust Agreement is required or permitted to be given or served to or upon any Holder or the 57 Depositor may be given or served in writing delivered in person, or by reputable, overnight courier, by telecopy or by deposit thereof, first-class postage prepaid, in the United States mail, addressed, (a) in the case of a Holder of Preferred Securities, to such Holder as such Holder's name and address may appear on the Securities Register; and (b) in the case of the Holder of all the Common Securities or the Depositor, to NorthStar Realty Finance Limited PartnershipBluegreen Corporation, 000 Xxxxxxx Xxxxxx4960 Conference Way North, Xxx XxxxBoca Raton, XX 00000Florida 33431, Attention: Xxxxxxx X. XxXxxxxxXxxxx Xxxxxxxxx Xxxxxxx, or to such other address as xx xx xxxx xxxxx xxxxxxx xs may be specified in a written notice by the Holder of all the Common Securities or the Depositor, as the case may be, to the Property Trustee. Such report, notice, demand or other communication to or upon a Holder or the Depositor shall be deemed to have been given when received in person, within one (1) Business Day following delivery by overnight courier, when telecopied with receipt confirmed, or within three (3) Business Days following delivery by mail, except that if a notice or other document is refused delivery or cannot be delivered because of a changed address of which no notice was given, such notice or other document shall be deemed to have been delivered on the date of such refusal or inability to deliver.

Appears in 1 contract

Samples: Trust Agreement (Bluegreen Corp)

Reports, Notices and Demands. (a) Any report, notice, demand or other communication that by any provision of this Trust Agreement is required or permitted to be given or served to or upon any Holder or the Depositor may be given or served in writing delivered in person, or by reputable, overnight courier, by telecopy or by deposit thereof, first-class postage prepaid, in the United States mail, addressed, (a) in the case of a Holder of Preferred Securities, to such Holder as such Holder's ’s name and address may appear on the Securities Register; and (b) in the case of the Holder of all the Common Securities or the Depositor, to NorthStar Realty Finance Limited PartnershipFlag Financial Corporation, 000 0000 Xxxxxxxx Xxxx XX, Xxxxx 000, Xxxxxxx, Xxxxxxx Xxxxxx, Xxx Xxxx, XX 00000, Attention: Xxxxxxx X. XxXxxxxxChief Financial Officer, or to such other address as may be specified in a written notice by the Holder of all the Common Securities or the Depositor, as the case may be, to the Property Trustee. Such report, notice, demand or other communication to or upon a Holder or the Depositor shall be deemed to have been given when received in person, within one (1) Business Day following delivery by overnight courier, when telecopied with receipt confirmed, or within three (3) Business Days following delivery by mail, except that if a notice or other document is refused delivery or cannot be delivered because of a changed address of which no notice was given, such notice or other document shall be deemed to have been delivered on the date of such refusal or inability to deliver.

Appears in 1 contract

Samples: Trust Agreement (Flag Financial Corp)

Reports, Notices and Demands. (a) Any report, notice, demand or other communication that by any provision of this Trust Agreement is required or permitted to be given or served to or upon any Holder or the Depositor may be given or served in writing delivered in person, or by reputable, overnight courier, by telecopy or by deposit thereof, first-class postage prepaid, in the United States mail, addressed, (a) in the case of a Holder of Preferred Securities, to such Holder as such Holder's ’s name and address may appear on the Securities Register; and (b) in the case of the Holder of all the Common Securities or the Depositor, to NorthStar Realty Finance Limited PartnershipCommercial Capital Bancorp, 000 Xxxxxxx XxxxxxInc., Xxx XxxxXxxxxxx, Xxxxx Xxxxx, Xxxxxx, XX 00000, Attention: Xxxxxxx X. XxXxxxxxChief Financial Officer, or to such other address as may be specified in a written notice by the Holder of all the Common Securities or the Depositor, as the case may be, to the Property Trustee. Such report, notice, demand or other communication to or upon a Holder or the Depositor shall be deemed to have been given when received in person, within one (1) Business Day following delivery by overnight courier, when telecopied with receipt confirmed, or within three (3) Business Days following delivery by mail, except that if a notice or other document is refused delivery or cannot be delivered because of a changed address of which no notice was given, such notice or other document shall be deemed to have been delivered on the date of such refusal or inability to deliver.

Appears in 1 contract

Samples: Trust Agreement (Commercial Capital Bancorp Inc)

Reports, Notices and Demands. (a) Any report, notice, demand or other communication that by any provision of this Trust Agreement is required or permitted to be given or served to or upon any Holder Holder, the Depositor or the Depositor Guarantor may be given or served in writing delivered in person, or by reputable, overnight courier, by telecopy or by deposit thereof, first-class postage prepaid, in the United States mail, addressed, (a) in the case of a Holder of Preferred Securities, to such Holder as such Holder's ’s name and address may appear on the Securities Register; and (b) in the case of the Holder of all the Common Securities or the Depositor, to NorthStar Realty Finance The Xxxxx Limited Partnership, 000 Xxxxxxx Xxxxxxc/o The Xxxxx Corporation, Xxx Xxxx0000 Xxxxxx Xxxxxxxxx, XX 00000Suite 400, Arlington, Virginia 22209-2307, Attention: Xxxxxxx X. XxXxxxxxGeneral Counsel, or to such other address as may be specified in a written notice by the Holder of all the Common Securities or the Depositor, as the case may be, to the Property Trustee; and (c) in the case of the Guarantor, to The Xxxxx Corporation, 0000 Xxxxxx Xxxxxxxxx, Suite 400, Arlington, Virginia 22209-2307, Attention: General Counsel, or to such other address as may be specified in a written notice by the Guarantor to the Property Trustee. Such report, notice, demand or other communication to or upon a Holder Holder, the Depositor or the Depositor Guarantor shall be deemed to have been given when received in person, within one (1) Business Day following delivery by overnight courier, when telecopied with receipt confirmed, or within three (3) Business Days following delivery by mail, except that if a notice or other document is refused delivery or cannot be delivered because of a changed address of which no notice was given, such notice or other document shall be deemed to have been delivered on the date of such refusal or inability to deliver.

Appears in 1 contract

Samples: Trust Agreement (Mills Corp)

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