Common use of Required Notices or Demands Clause in Contracts

Required Notices or Demands. Any notice or communication by the Company or the Trustee to the other is duly given if in writing and delivered in Person or delivered by registered or certified mail (return receipt requested), facsimile or overnight air courier guaranteeing next day delivery, to the other’s address: If to the Company; Midland States Bancorp, Inc. 0000 Xxxxxxx Xxxxxx Xxxxx Effingham, Illinois 62401 Attention: Xxxxxxx X. Xxxxxx Chief Executive Officer Facsimile: (000) 000-0000 If to the Trustee: UMB Bank National Association 0000 Xxx Xxxxxx, Suite 870 Houston, Texas 77056 Attention: Xxxxx X. Xxxxx Facsimile No.: 000-000-0000 The Company or the Trustee by notice to the other may designate additional or different addresses for subsequent notices or communications. All notices and communications will be deemed to have been duly given: at the time delivered by hand, if personally delivered; five Business Days after being deposited in the mail, postage prepaid, if delivered by mail; on the first Business Day after being sent, if sent by facsimile and the sender receives confirmation of successful transmission; and the next Business Day after timely delivery to the courier, if sent by overnight air courier guaranteeing next day delivery. Any notice required or permitted to be given to a Holder under the provisions of this Indenture will be deemed to be properly delivered by being deposited postage prepaid in a post office letter box in the United States addressed to such Holder at the address of such Xxxxxx as shown on the Subordinated Note Register. Any report in accordance with Section 313 of the Trust Indenture Act will be transmitted in compliance with subsection (c) therein. If the Company delivers a notice or communication to Holders, the Company will deliver a copy to the Trustee at the same time. In any case where notice to Holders of Subordinated Notes is delivered by mail, neither the failure to deliver such notice, nor any defect in any notice so delivered, to any particular Holder of a Subordinated Note will affect the sufficiency of such notice with respect to other Holders of Subordinated Notes. Any notice that is delivered in the manner herein provided will be conclusively presumed to have been duly given or provided. In the case by reason of the suspension of regular mail service or by reason of any other cause it will be impracticable to give such notice by mail, then such notification as will be made with the approval of the Trustee will constitute a sufficient notification for every purpose hereunder. Where this Indenture provides for notice in any manner, such notice may be waived in writing by the Person entitled to receive such notice, either before or after the event, and such waiver will be the equivalent of such notice. Waivers of notice by Holders of Subordinated Notes will be filed with the Trustee, but such filing will not be a condition precedent to the validity of any action taken in reliance upon such waiver. Notwithstanding any other provision herein, where this Indenture provides for notice to any Holder of a Global Subordinated Note, or of an interest therein, such notice will be sufficiently given if given to the Depositary for such Global Subordinated Note (or its designee) according to the Applicable Procedures of such Depositary prescribed for giving such notice.

Appears in 1 contract

Samples: Registration Rights Agreement

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Required Notices or Demands. Any Except as otherwise expressly provided in this Indenture, any notice or communication demand which by any provision of this Indenture is required or permitted to be given or served by the Trustee or by the Holders to or on the Company may be given or served by being deposited postage prepaid in a post office letter box in the United States addressed (until another address is filed by the Company with the Trustee) as follows: Denbury Resources Inc., 5100 Tennyson Parkway, Suite 3000, Plano, Texas 75025, Attn: Phil Rxxxxxx. Xxxxxx xx xxxxxxxxx xxxxxxxxx xxxxxxxx xx xxis Indenxxxx, xxx xxtice, direction, request or demand by the Company or by any Holder to or upon the Trustee may be given or made, for all purposes, by being deposited, postage prepaid, in a post office letter box in the United States addressed to the other is duly given if in writing and delivered in Person or delivered by registered or certified mail (return receipt requested), facsimile or overnight air courier guaranteeing next day delivery, to corporate trust office of the other’s address: If to the Company; Midland States Bancorp, Inc. 0000 Xxxxxxx Xxxxxx Xxxxx Effingham, Illinois 62401 Attention: Xxxxxxx X. Xxxxxx Chief Executive Officer Facsimile: (000) 000-0000 If to the Trustee: UMB Bank National Association 0000 Xxx Xxxxxx, Suite 870 Houston, Texas 77056 Attention: Xxxxx X. Xxxxx Facsimile No.: 000-000-0000 Trustee initially at [ ]. The Company or the Trustee by notice to the other may designate additional or different addresses for subsequent notices or communications. All notices and communications will be deemed to have been duly given: at the time delivered by hand, if personally delivered; five Business Days after being deposited in the mail, postage prepaid, if delivered by mail; on the first Business Day after being sent, if sent by facsimile and the sender receives confirmation of successful transmission; and the next Business Day after timely delivery to the courier, if sent by overnight air courier guaranteeing next day delivery. Any notice required or permitted to be given a Registered Holder by the Company or the Trustee pursuant to a Holder under the provisions of this Indenture will shall be deemed to be properly delivered mailed by being deposited postage prepaid in a post office letter box in the United States addressed to such Holder at the address of such Xxxxxx Holder as shown on the Subordinated Note Debt Security Register. Any report in accordance with pursuant to Section 313 of the Trust Indenture Act will shall be transmitted in compliance with subsection (c) therein. If the Company delivers a notice or communication to Holders, the Company will deliver a copy to the Trustee at the same time. In any case where notice to Holders of Subordinated Notes is delivered by mail, neither the failure to deliver such notice, nor any defect in any notice so delivered, to any particular Holder of a Subordinated Note will affect the sufficiency of such notice with respect to other Holders of Subordinated Notes. Any notice that is delivered in the manner herein provided will be conclusively presumed to have been duly given or provided. In the case by reason event of the suspension of regular mail service or by reason of any other cause it will shall be impracticable to give such notice by mail, then such notification as will shall be made given with the approval of the Trustee will shall constitute a sufficient notice for every purpose thereunder. In the event of suspension of publication of any Authorized Newspaper or by reason of any other cause it shall be impracticable to give notice by publication, then such notification as shall be given with the approval of the Trustee shall constitute sufficient notice for every purpose hereunder. Where this Indenture provides for Failure to mail a notice or communication to a Holder or any defect in it or any defect in any manner, notice by publication as to a Holder shall not affect the sufficiency of such notice may be waived with respect to other Holders. If a notice or communication is mailed or published in writing by the Person entitled to receive such noticemanner provided above, either before or after the event, and such waiver will be the equivalent of such notice. Waivers of notice by Holders of Subordinated Notes will be filed with the Trustee, but such filing will not be a condition precedent to the validity of any action taken in reliance upon such waiver. Notwithstanding any other provision herein, where this Indenture provides for notice to any Holder of a Global Subordinated Note, or of an interest therein, such notice will be sufficiently given if given to the Depositary for such Global Subordinated Note (or its designee) according to the Applicable Procedures of such Depositary prescribed for giving such noticeit is conclusively presumed duly given.

Appears in 1 contract

Samples: Indenture (Denbury Resources Inc)

Required Notices or Demands. Any notice or communication by the Company or the Trustee to the other is duly given if in writing and delivered in Person or delivered by registered or certified mail (return receipt requested), facsimile or overnight air courier guaranteeing next day delivery, to the other’s address: If to the Company; Midland States BancorpSouthern First Bancshares, Inc. 0000 Xxxxxxx 000 Xxxxxx Xxxxxxxxx Xxxxx Effingham000 Xxxxxxxxxx, Illinois 62401 XX 00000 Attention: Xxxxxxx X. Xxxxxx Chief Executive Financial Officer Facsimile: (000) 000-0000 If to the Trustee: UMB Bank Bank, National Association 0000 Xxx Xxxxxx, Suite 870 Houston, Texas 77056 Attention: Xxxxx X. Xxxxx Xxxxx, Xx. Vice President, Corporate Trust Services Facsimile No.: (000-) 000-0000 The Company or the Trustee by notice to the other may designate additional or different addresses for subsequent notices or communications. All notices and communications will be deemed to have been duly given: at the time delivered by hand, if personally delivered; five Business Days after being deposited in the mail, postage prepaid, if delivered by mail; on the first Business Day after being sent, if sent by facsimile and the sender receives confirmation of successful transmission; and the next Business Day after timely delivery to the courier, if sent by overnight air courier guaranteeing next day delivery. Any notice required or permitted to be given to a Holder under the provisions of this Indenture will be deemed to be properly delivered by being deposited postage prepaid in a post office letter box in the United States addressed to such Holder at the address of such Xxxxxx Holder as shown on the Subordinated Note Register. Any report in accordance with Section 313 of the Trust Indenture Act will be transmitted in compliance with subsection (c) therein. If the Company delivers a notice or communication to Holders, the Company will deliver a copy to the Trustee at the same time. In any case where notice to Holders of Subordinated Notes is delivered by mail, neither the failure to deliver such notice, nor any defect in any notice so delivered, to any particular Holder of a Subordinated Note will affect the sufficiency of such notice with respect to other Holders of Subordinated Notes. Any notice that is delivered in the manner herein provided will be conclusively presumed to have been duly given or provided. In the case by reason of the suspension of regular mail service or by reason of any other cause it will be impracticable to give such notice by mail, then such notification as will be made with the approval of the Trustee will constitute a sufficient notification for every purpose hereunder. Where this Indenture provides for notice in any manner, such notice may be waived in writing by the Person entitled to receive such notice, either before or after the event, and such waiver will be the equivalent of such notice. Waivers of notice by Holders of Subordinated Notes will be filed with the Trustee, but such filing will not be a condition precedent to the validity of any action taken in reliance upon such waiver. Notwithstanding any other provision herein, where this Indenture provides for notice to any Holder of a Global Subordinated Note, or of an interest therein, such notice will be sufficiently given if given to the Depositary for such Global Subordinated Note (or its designee) according to the Applicable Procedures of such Depositary prescribed for giving such notice.

Appears in 1 contract

Samples: Southern First Bancshares Inc

Required Notices or Demands. Any notice or communication by the Company or the Trustee to the other is duly given if in writing and delivered in Person or delivered by registered or certified mail (return receipt requested), facsimile or overnight air courier guaranteeing next day delivery, delivery to the other’s address: If to the Company; Midland States Bancorp: Universal Insurance Holdings, Inc. 0000 Xxxx Xxxxxxxxxx Xxxxxxxxx, Xxxxx 000 Xxxx Xxxxxxxxxx, Xxxxxxx Xxxxxx Xxxxx Effingham, Illinois 62401 00000 Attention: Xxxxxxx Xxxxx X. Xxxxxx Chief Executive Officer Facsimile: (000) 000-0000 If to the Trustee: UMB Bank National Association 0000 Xxx Xxxxxx, Suite 870 Houston, Texas 77056 AttentionAttn: Xxxxx X. Xxxxx Facsimile No.Xxxxx, Senior Vice President Office: (000) 000-0000 Fax: 000-000-0000 xxxxx.xxxxx@xxx.xxx The Company or the Trustee Trustee, by notice to the other other, may designate additional or different addresses for subsequent notices or communications. All notices and communications will be deemed to have been duly given: at the time delivered by hand, if personally delivered; five Business Days after being deposited in the mail, postage prepaid, if delivered by mail; on the first Business Day after being sent, if sent by facsimile and the sender receives confirmation of successful transmission; and the next Business Day after timely delivery to the courier, if sent by overnight air courier guaranteeing next day delivery. Any notice required or permitted to be given to a Holder under the provisions of this Indenture will be deemed to be properly delivered by being deposited postage prepaid in a post office letter box in the United States addressed to such Holder at the address of such Xxxxxx Holder as shown on the Subordinated Note Register. Any report in accordance with Section 313 of the Trust Indenture Act will be transmitted in compliance with subsection (c) therein. If the Company delivers a notice or communication to Holders, the Company will deliver a copy to the Trustee at the same time. In any case where notice to Holders of Subordinated Notes is delivered by mail, neither the failure to deliver such notice, notice nor any defect in any notice so delivered, delivered to any particular Holder of a Subordinated Note will affect the sufficiency of such notice with respect to other Holders of Subordinated Notes. Any notice that is delivered in the manner herein provided will be conclusively presumed to have been duly given or provided. In the case by reason of the suspension of regular mail service or by reason of any other cause it will be impracticable to give such notice by mail, then such notification as will be made with the approval of the Trustee will constitute a sufficient notification for every purpose hereunder. Where this Indenture provides for notice in any manner, such notice may be waived in writing by the Person entitled to receive such notice, either before or after the event, and such waiver will be the equivalent of such notice. Waivers of notice by Holders of Subordinated Notes will be filed with the Trustee, but such filing will not be a condition precedent to the validity of any action taken in reliance upon such waiver. Notwithstanding any other provision herein, where this Indenture provides for notice to any Holder of a Global Subordinated Note, or of an interest therein, such notice will be sufficiently given if given to the Depositary for such Global Subordinated Note (or its designee) according to the Applicable Procedures of such Depositary prescribed for giving such notice.

Appears in 1 contract

Samples: Universal Insurance Holdings, Inc.

Required Notices or Demands. Any Except as otherwise expressly provided in this Indenture, any notice or communication demand which by any provision of this Indenture is required or permitted to be given or served by the Trustee or by the Holders to or on the Company may be given or served by being deposited postage prepaid in a post office letter box in the United States addressed (until another address is filed by the Company with the Trustee) as follows: Swift Energy Company, 16825 Northchase Drive, Houston, Texas 77060, Attn: Chief Financial Oxxxxxx. Xxxxxx xx xxxxxxxxx xxxxxxxxx xxxxxxed in this Indenture, any notice, direction, request or demand by the Company or by any Holder to or upon the Trustee may be given or made, for all purposes, by being deposited, postage prepaid, in a post office letter box in the United States addressed to the other is duly given if in writing and delivered in Person or delivered by registered or certified mail (return receipt requested), facsimile or overnight air courier guaranteeing next day delivery, to corporate trust office of the other’s address: If to the Company; Midland States Bancorp, Inc. 0000 Xxxxxxx Xxxxxx Xxxxx Effingham, Illinois 62401 Attention: Xxxxxxx X. Xxxxxx Chief Executive Officer Facsimile: (000) 000-0000 If to the Trustee: UMB Bank National Association 0000 Xxx XxxxxxTrustee initially at 505 Main Street, Suite 870 Houston301, Fort Worth, Texas 77056 Attention: Xxxxx X. Xxxxx Facsimile No.: 000-000-0000 76102. The Company or the Trustee by notice to the other may designate additional txx Xxxxxxx xx xxxxxx xx xxx xxxxx xxx xxxxxxxxx xxxitional or different addresses for subsequent notices or communications. All notices and communications will be deemed to have been duly given: at the time delivered by hand, if personally delivered; five Business Days after being deposited in the mail, postage prepaid, if delivered by mail; on the first Business Day after being sent, if sent by facsimile and the sender receives confirmation of successful transmission; and the next Business Day after timely delivery to the courier, if sent by overnight air courier guaranteeing next day delivery. Any notice required or permitted to be given a Registered Holder by the Company or the Trustee pursuant to a Holder under the provisions of this Indenture will shall be deemed to be properly delivered mailed by being deposited postage prepaid in a post office letter box in the United States addressed to such Holder at the address of such Xxxxxx Holder as shown on the Subordinated Note Debt Security Register. Any report in accordance with pursuant to Section 313 of the Trust Indenture Act will shall be transmitted in compliance with subsection (c) therein. If the Company delivers a notice or communication to Holders, the Company will deliver a copy to the Trustee at the same time. In any case where notice to Holders of Subordinated Notes is delivered by mail, neither the failure to deliver such notice, nor any defect in any notice so delivered, to any particular Holder of a Subordinated Note will affect the sufficiency of such notice with respect to other Holders of Subordinated Notes. Any notice that is delivered in the manner herein provided will be conclusively presumed to have been duly given or provided. In the case by reason event of the suspension of regular mail service or by reason of any other cause it will shall be impracticable to give such notice by mail, then such notification as will shall be made given with the approval of the Trustee will shall constitute a sufficient notice for every purpose thereunder. In the event of suspension of publication of any Authorized Newspaper or by reason of any other cause it shall be impracticable to give notice by publication, then such notification as shall be given with the approval of the Trustee shall constitute sufficient notice for every purpose hereunder. Where this Indenture provides for Failure to mail a notice or communication to a Holder or any defect in it or any defect in any manner, notice by publication as to a Holder shall not affect the sufficiency of such notice may be waived with respect to other Holders. If a notice or communication is mailed or published in writing by the Person entitled to receive such noticemanner provided above, either before or after the event, and such waiver will be the equivalent of such notice. Waivers of notice by Holders of Subordinated Notes will be filed with the Trustee, but such filing will not be a condition precedent to the validity of any action taken in reliance upon such waiver. Notwithstanding any other provision herein, where this Indenture provides for notice to any Holder of a Global Subordinated Note, or of an interest therein, such notice will be sufficiently given if given to the Depositary for such Global Subordinated Note (or its designee) according to the Applicable Procedures of such Depositary prescribed for giving such noticeit is conclusively presumed duly given.

Appears in 1 contract

Samples: Indenture (Swift Energy Co)

Required Notices or Demands. Any Except as otherwise expressly provided in this Indenture, any notice or communication demand which by any provision of this Indenture is required or permitted to be given or served by the Trustee or by the Holders to or on the Company may be given or served by being deposited postage prepaid in a post office letter box in the United States addressed (until another address is filed by the Company with the Trustee) as follows: Cornell Corrections, Inc., 1700 West Loop South, Suite 1500, Houston, Texas 77027, Attention: Chixx Xxxxxxxxx Xxxxxxx. Xxxxxx xx xxxxxxxxx xxxxxxxxx xxovided in this Indenture, any notice, direction, request or demand by the Company or by any Holder to or upon the Trustee may be given or made, for all purposes, by being deposited, postage prepaid, in a post office letter box in the United States addressed to the other is duly given if in writing and delivered in Person or delivered by registered or certified mail (return receipt requested)corporate trust office of the Trustee initially at Chase Bank of Texas, facsimile or overnight air courier guaranteeing next day deliveryNational Association, to the other’s address: If to the Company; Midland States Bancorp600 Travis, Inc. 0000 Xxxxxxx Xxxxxx Xxxxx Effingham10th Floor, Illinois 62401 Attention: Xxxxxxx X. Xxxxxx Chief Executive Officer Facsimile: (000) 000-0000 If to the Trustee: UMB Bank National Association 0000 Xxx Xxxxxx, Suite 870 Houston, Texas 77056 77002, Attention: Xxxxx X. Xxxxx Facsimile No.: 000-000-0000 Corporate Truxx Xxxxxxxxxxxxxx. The Company or the Trustee by notice to the other may designate additional or different addresses for subsequent notices or communications. All notices and communications will be deemed to have been duly given: at the time delivered by hand, if personally delivered; five Business Days after being deposited in the mail, postage prepaid, if delivered by mail; on the first Business Day after being sent, if sent by facsimile and the sender receives confirmation of successful transmission; and the next Business Day after timely delivery to the courier, if sent by overnight air courier guaranteeing next day delivery. Any notice required or permitted to be given a Registered Holder by the Company or the Trustee pursuant to a Holder under the provisions of this Indenture will shall be deemed to be properly delivered mailed by being deposited postage prepaid in a post office letter box in the United States addressed to such Holder at the address of such Xxxxxx Holder as shown on the Subordinated Note Debt Security Register. Any report in accordance with pursuant to Section 313 of the Trust Indenture Act will shall be transmitted in compliance with subsection (c) therein. If the Company delivers a notice or communication to Holders, the Company will deliver a copy to the Trustee at the same time. In any case where notice to Holders of Subordinated Notes is delivered by mail, neither the failure to deliver such notice, nor any defect in any notice so delivered, to any particular Holder of a Subordinated Note will affect the sufficiency of such notice with respect to other Holders of Subordinated Notes. Any notice that is delivered in the manner herein provided will be conclusively presumed to have been duly given or provided. In the case by reason event of the suspension of regular mail service or by reason of any other cause it will shall be impracticable to give such notice by mail, then such notification as will shall be made given with the approval of the Trustee will shall constitute a sufficient notice for every purpose thereunder. In the event of suspension of publication of any Authorized Newspaper or by reason of any other cause it shall be impracticable to give notice by publication, then such notification as shall be given with the approval of the Trustee shall constitute sufficient notice for every purpose hereunder. Where this Indenture provides for Failure to mail a notice or communication to a Holder or any defect in it or any defect in any manner, notice by publication as to a Holder shall not affect the sufficiency of such notice may be waived with respect to other Holders. If a notice or communication is mailed or published in writing by the Person entitled to receive such noticemanner provided above, either before or after the event, and such waiver will be the equivalent of such notice. Waivers of notice by Holders of Subordinated Notes will be filed with the Trustee, but such filing will not be a condition precedent to the validity of any action taken in reliance upon such waiver. Notwithstanding any other provision herein, where this Indenture provides for notice to any Holder of a Global Subordinated Note, or of an interest therein, such notice will be sufficiently given if given to the Depositary for such Global Subordinated Note (or its designee) according to the Applicable Procedures of such Depositary prescribed for giving such noticeit is conclusively presumed duly given.

Appears in 1 contract

Samples: Cornell Corrections Inc

Required Notices or Demands. Any notice or communication by the Company or the Trustee to the other others is duly given if in writing and delivered in Person or delivered mailed by registered or certified mail (return receipt requested), facsimile telex, telecopier or overnight air courier guaranteeing next day delivery, to the other’s address: If to the Company; Midland States Bancorp: Texas Capital Bancshares, Inc. 0000 Xxxxxxx Xxxxxx Xxxxx EffinghamXxXxxxxx Xxxxxx, Illinois 62401 Suite 700 Dallas, Texas 75201 Attention: Xxxxxxx Xxxxx X. Xxxxxx Xxxxxxxxx Chief Executive Financial Officer Facsimile: (000) -000-0000 If to the Trustee: UMB U.S. Bank National Association Association, as Trustee 0000 Xxx Xxxxxx, Suite 870 1150 Houston, Texas 77056 77058 Attention: Xxxxx X. Xxxxx Facsimile No.Corporate Trust Administration Facsimile: 000-000-0000 The Company or the Trustee by notice to the other may designate additional or different addresses for subsequent notices or communications. All notices and communications will shall be deemed to have been duly given: at the time delivered by hand, if personally delivered; five Business Days after being deposited in the mail, postage prepaid, if delivered by mailmailed; on the first Business Day on or after being sent, if sent by facsimile telecopied and the sender receives confirmation of successful transmission; and the next Business Day after timely delivery to the courier, if sent by overnight air courier guaranteeing next day delivery. Any notice required or permitted to be given a Registered Holder pursuant to a Holder under the provisions of this Indenture will shall be deemed to be properly delivered mailed by being deposited postage prepaid in a post office letter box in the United States addressed to such Holder at the address of such Xxxxxx Holder as shown on the Subordinated Note Debt Security Register. Any report in accordance with pursuant to Section 313 of the Trust Indenture Act will TIA shall be transmitted in compliance with subsection (c) therein. If the Company delivers Any notice required or permitted to a notice Bearer Holder pursuant to this Indenture shall be deemed to be properly given if published on two separate business days in an Authorized Newspaper or communication Newspapers in such Place or Places of Payment specified pursuant to HoldersSection 2.05, the Company will deliver a copy first such publication to be not earlier than the earliest date and not later than two business days prior to the Trustee at latest date prescribed for the same timegiving of such notice. In Notwithstanding the foregoing, any case where notice to Holders of Subordinated Notes is delivered by mail, neither Floating Rate Debt Securities regarding the failure to deliver such notice, nor any defect in any notice so delivered, to any particular Holder determination of a Subordinated Note will affect the sufficiency periodic rate of interest, if such notice with respect is required pursuant to other Holders of Subordinated Notes. Any notice that is delivered Section 2.05, shall be sufficiently given if given in the manner herein provided will be conclusively presumed specified pursuant to have been duly given or providedSection 2.05. In the case by reason event of the suspension of regular mail service or by reason of any other cause it will shall be impracticable to give such notice by mail, then such notification as will shall be made given with the approval of the Trustee will shall constitute a sufficient notification notice for every purpose hereunder. Where this Indenture provides In the event of suspension of publication of any Authorized Newspaper or by reason of any other cause it shall be impracticable to give notice by publication, then such notification as shall be given with the approval of the Trustee shall constitute sufficient notice for every purpose hereunder. Failure to mail a notice or communication to a Holder or any defect in it or any defect in any manner, notice by publication as to a Holder shall not affect the sufficiency of such notice may be waived with respect to other Holders. If a notice or communication is mailed or published in writing by the Person entitled to receive such noticemanner provided above, either before or after the event, and such waiver will be the equivalent of such notice. Waivers of notice by Holders of Subordinated Notes will be filed with the Trustee, but such filing will not be a condition precedent to the validity of any action taken in reliance upon such waiver. Notwithstanding any other provision herein, where this Indenture provides for notice to any Holder of a Global Subordinated Note, or of an interest therein, such notice will be sufficiently given if given to the Depositary for such Global Subordinated Note (or its designee) according to the Applicable Procedures of such Depositary prescribed for giving such noticeit is conclusively presumed duly given.

Appears in 1 contract

Samples: Texas Capital Bancshares Inc/Tx

Required Notices or Demands. Any notice or communication by the Company or the Trustee to the other is duly given if in writing and delivered in Person or delivered by registered or certified mail (return receipt requested), facsimile or overnight air courier guaranteeing next day delivery, to the other’s address: If to the Company; Midland States Bancorp, Inc. 0000 Xxxxxxx Xxxxxx Xxxxx Effingham, Illinois 62401 Attention: Xxxxxxx X. Xxxxxx Chief Executive Officer Facsimile: (000) 000-0000 If to the Trustee: UMB Bank National Association 0000 Xxx Xxxxxx, Suite 870 Houston, Texas 77056 Attention: Xxxxx X. Xxxxx Facsimile No.: 000-000-0000 The Company or the Trustee by notice to the other may designate additional or different addresses for subsequent notices or communications. All notices and communications will be deemed to have been duly given: at the time delivered by hand, if personally delivered; five Business Days after being deposited in the mail, postage prepaid, if delivered by mail; on the first Business Day after being sent, if sent by facsimile and the sender receives confirmation of successful transmission; and the next Business Day after timely delivery to the courier, if sent by overnight air courier guaranteeing next day delivery. Any notice required or permitted to be given to a Holder under the provisions of this Indenture will be deemed to be properly delivered by being deposited postage prepaid in a post office letter box in the United States addressed to such Holder at the address of such Xxxxxx as Hoxxxx xs shown on the Subordinated Note Register. Any report in accordance with Section 313 of the Trust Indenture Act will be transmitted in compliance with subsection (c) therein. If the Company delivers a notice or communication to Holders, the Company will deliver a copy to the Trustee at the same time. In any case where notice to Holders of Subordinated Notes is delivered by mail, neither the failure to deliver such notice, nor any defect in any notice so delivered, to any particular Holder of a Subordinated Note will affect the sufficiency of such notice with respect to other Holders of Subordinated Notes. Any notice that is delivered in the manner herein provided will be conclusively presumed to have been duly given or provided. In the case by reason of the suspension of regular mail service or by reason of any other cause it will be impracticable to give such notice by mail, then such notification as will be made with the approval of the Trustee will constitute a sufficient notification for every purpose hereunder. Where this Indenture provides for notice in any manner, such notice may be waived in writing by the Person entitled to receive such notice, either before or after the event, and such waiver will be the equivalent of such notice. Waivers of notice by Holders of Subordinated Notes will be filed with the Trustee, but such filing will not be a condition precedent to the validity of any action taken in reliance upon such waiver. Notwithstanding any other provision herein, where this Indenture provides for notice to any Holder of a Global Subordinated Note, or of an interest therein, such notice will be sufficiently given if given to the Depositary for such Global Subordinated Note (or its designee) according to the Applicable Procedures of such Depositary prescribed for giving such notice.

Appears in 1 contract

Samples: Registration Rights Agreement

Required Notices or Demands. Any notice or communication by the Company or the Trustee to the other is duly given if in writing and delivered in Person or delivered by registered or certified mail (return receipt requested), facsimile email or overnight air courier guaranteeing next day delivery, to the other’s address: If to the Company; Midland States BancorpThird Coast Bancshares, Inc. 0000 20200 Xxxxxxx Xxxxxx 00 Xxxxx EffinghamXxxxx 000 Xxxxxx, Illinois 62401 Xxxxx 00000 Xxtention: R. Xxxx XxXxxxxxx, Chief Financial Officer Email: xxxxxxxxxx@xxxxxx.xxx With copy to (which shall not constitute notice to the Company): Norton Xxxx Xxxxxxxxx US LLP 2200 Xxxx Xxxxxx, Suite 3600 Dallas, Texas 75201-7932 Attention: Xxxxxxx X. Xxxx Xxxxxx Chief Executive Officer FacsimileEmail: (000) 000-0000 xxxx.xxxxxx@xxxxxxxxxxxxxxxxxxx.xxx If to the Trustee: UMB Bank National Association 0000 N.A. 5555 Xxx Xxxxxx, Suite 870 Houston, Texas 77056 Attention: Xxxxx X. Xxxxx Facsimile No./ Corporate Trust Email: 000-000-0000 xxxxx.xxxxx@xxx.xxx The Company or the Trustee by notice to the other may designate additional or different addresses for subsequent notices or communications. All notices and communications will be deemed to have been duly given: at the time delivered by hand, if personally delivered; five Business Days after being deposited in the mail, postage prepaid, if delivered by mail; on the first Business Day after being sent, if sent by facsimile email and the sender receives confirmation of successful transmission; upon confirmation of transmittal (but excluding any automatic reply to such email), if sent by email; and the next Business Day after timely delivery to the courier, if sent by overnight air courier guaranteeing next day delivery. Any notice required or permitted to be given to a Holder under the provisions of this Indenture will be deemed to be properly delivered by being deposited postage prepaid in a post office letter box in the United States addressed to such Holder at the address of such Xxxxxx Holder as shown on the Subordinated Note RegisterRegister or electronically through the Applicable Procedures of the Depositary. Any report in accordance with Section 313 of the Trust Indenture Act will be transmitted in compliance with subsection (c) therein. If the Company delivers a notice or communication to Holders, the Company will deliver a copy to the Trustee at the same time. In any case where notice to Holders of Subordinated Notes is delivered by mail, neither the failure to deliver such notice, nor any defect in any notice so delivered, to any particular Holder of a Subordinated Note will affect the sufficiency of such notice with respect to other Holders of Subordinated Notes. Any notice that is delivered in the manner herein provided will be conclusively presumed to have been duly given or provided. In the case by reason of the suspension of regular mail service or by reason of any other cause it will be impracticable to give such notice by mail, then such notification as will be made with the approval of the Trustee will constitute a sufficient notification for every purpose hereunder. Where this Indenture provides for notice in any manner, such notice may be waived in writing by the Person entitled to receive such notice, either before or after the event, and such waiver will be the equivalent of such notice. Waivers of notice by Holders of Subordinated Notes will be filed with the Trustee, but such filing will not be a condition precedent to the validity of any action taken in reliance upon such waiver. Notwithstanding any other provision herein, where this Indenture provides for notice to any Holder of a Global Subordinated Note, or of an interest therein, such notice will be sufficiently given if given to the Depositary for such Global Subordinated Note (or its designee) according to the Applicable Procedures of such Depositary prescribed for giving such notice.

Appears in 1 contract

Samples: Third Coast Bancshares, Inc.

Required Notices or Demands. Any Except as otherwise expressly provided in this Indenture, any notice or communication demand which by any provision of this Indenture is required or permitted to be given or served by the Trustee or by the Holders to or on the Company may be given or served by being deposited postage prepaid in a post office letter box in the United States addressed (until another address is filed by the Company with the Trustee) as follows: Swift Energy Company, Suite 400, 00000 Xxxxxxxxxx Xxxxx, Xxxxxxx, Xxxxx 00000, Xxxx: Chief Financial Officer. Except as otherwise expressly provided in this Indenture, any notice, direction, request or demand by the Company or by any Holder to or upon the Trustee may be given or made, for all purposes, by being deposited, postage prepaid, in a post office letter box in the United States addressed to the other is duly given if in writing and delivered in Person or delivered by registered or certified mail (return receipt requested), facsimile or overnight air courier guaranteeing next day delivery, to corporate trust office of the other’s address: If to the Company; Midland States Bancorp, Inc. 0000 Xxxxxxx Xxxxxx Xxxxx Effingham, Illinois 62401 Attention: Xxxxxxx X. Xxxxxx Chief Executive Officer Facsimile: (000) 000-0000 If to the Trustee: UMB Bank National Association 0000 Xxx Trustee initially at 000 Xxxx Xxxxxx, Suite 870 HoustonXxxxx 000, Texas 77056 Attention: Xxxxx X. Xxxxx Facsimile No.: 000-000-0000 Xxxx Xxxxx, XX 00000. The Company or the Trustee by notice to the other may designate additional or different addresses for subsequent notices or communications. All notices and communications will be deemed to have been duly given: at the time delivered by hand, if personally delivered; five Business Days after being deposited in the mail, postage prepaid, if delivered by mail; on the first Business Day after being sent, if sent by facsimile and the sender receives confirmation of successful transmission; and the next Business Day after timely delivery to the courier, if sent by overnight air courier guaranteeing next day delivery. Any notice required or permitted to be given a Registered Holder by the Company or the Trustee pursuant to a Holder under the provisions of this Indenture will shall be deemed to be properly delivered mailed by being deposited postage prepaid in a post office letter box in the United States addressed to such Holder at the address of such Xxxxxx Holder as shown on the Subordinated Note Debt Security Register. Any report in accordance with pursuant to Section 313 of the Trust Indenture Act will shall be transmitted in compliance with subsection (c) therein. If the Company delivers a notice or communication to Holders, the Company will deliver a copy to the Trustee at the same time. In any case where notice to Holders of Subordinated Notes is delivered by mail, neither the failure to deliver such notice, nor any defect in any notice so delivered, to any particular Holder of a Subordinated Note will affect the sufficiency of such notice with respect to other Holders of Subordinated Notes. Any notice that is delivered in the manner herein provided will be conclusively presumed to have been duly given or provided. In the case by reason event of the suspension of regular mail service or by reason of any other cause it will shall be impracticable to give such notice by mail, then such notification as will shall be made given with the approval of the Trustee will shall constitute a sufficient notice for every purpose thereunder. In the event of suspension of publication of any Authorized Newspaper or by reason of any other cause it shall be impracticable to give notice by publication, then such notification as shall be given with the approval of the Trustee shall constitute sufficient notice for every purpose hereunder. Where this Indenture provides for Failure to mail a notice or communication to a Holder or any defect in it or any defect in any manner, notice by publication as to a Holder shall not affect the sufficiency of such notice may be waived with respect to other Holders. If a notice or communication is mailed or published in writing by the Person entitled to receive such noticemanner provided above, either before or after the event, and such waiver will be the equivalent of such notice. Waivers of notice by Holders of Subordinated Notes will be filed with the Trustee, but such filing will not be a condition precedent to the validity of any action taken in reliance upon such waiver. Notwithstanding any other provision herein, where this Indenture provides for notice to any Holder of a Global Subordinated Note, or of an interest therein, such notice will be sufficiently given if given to the Depositary for such Global Subordinated Note (or its designee) according to the Applicable Procedures of such Depositary prescribed for giving such noticeit is conclusively presumed duly given.

Appears in 1 contract

Samples: Indenture (Swift Energy Co)

Required Notices or Demands. Any Except as otherwise expressly provided in this Indenture, any notice or communication demand which by any provision of this Indenture is required or permitted to be given or served by the Trustee or by the Holders to or on the Company may be given or served by being deposited postage prepaid in a post office letter box in the United States addressed (until another address is filed by the Company with the Trustee) as follows: Swift Energy Company, 00000 Xxxxxxxxxx Xxxxx, Xxxxxxx, Xxxxx 00000, Xxxx: Xxxxx Heckaman. Except as otherwise expressly provided in this Indenture, any notice, direction, request or demand by the Company or by any Holder to or upon the Trustee may be given or made, for all purposes, by being deposited, postage prepaid, in a post office letter box in the United States addressed to the other is duly given if in writing and delivered in Person or delivered by registered or certified mail (return receipt requested), facsimile or overnight air courier guaranteeing next day delivery, to corporate trust office of the other’s address: If to the Company; Midland States Bancorp, Inc. 0000 Xxxxxxx Xxxxxx Xxxxx Effingham, Illinois 62401 Attention: Xxxxxxx X. Xxxxxx Chief Executive Officer Facsimile: (000) 000-0000 If to the Trustee: UMB Bank National Association 0000 Xxx Xxxxxx, Suite 870 Houston, Texas 77056 Attention: Xxxxx X. Xxxxx Facsimile No.: 000-000-0000 Trustee initially at [ ]. The Company or the Trustee by notice to the other may designate additional or different addresses for subsequent notices or communications. All notices and communications will be deemed to have been duly given: at the time delivered by hand, if personally delivered; five Business Days after being deposited in the mail, postage prepaid, if delivered by mail; on the first Business Day after being sent, if sent by facsimile and the sender receives confirmation of successful transmission; and the next Business Day after timely delivery to the courier, if sent by overnight air courier guaranteeing next day delivery. Any notice required or permitted to be given a Registered Holder by the Company or the Trustee pursuant to a Holder under the provisions of this Indenture will shall be deemed to be properly delivered mailed by being deposited postage prepaid in a post office letter box in the United States addressed to such Holder at the address of such Xxxxxx Holder as shown on the Subordinated Note Debt Security Register. Any report in accordance with pursuant to Section 313 of the Trust Indenture Act will shall be transmitted in compliance with subsection (c) therein. If the Company delivers a notice or communication to Holders, the Company will deliver a copy to the Trustee at the same time. In any case where notice to Holders of Subordinated Notes is delivered by mail, neither the failure to deliver such notice, nor any defect in any notice so delivered, to any particular Holder of a Subordinated Note will affect the sufficiency of such notice with respect to other Holders of Subordinated Notes. Any notice that is delivered in the manner herein provided will be conclusively presumed to have been duly given or provided. In the case by reason event of the suspension of regular mail service or by reason of any other cause it will shall be impracticable to give such notice by mail, then such notification as will shall be made given with the approval of the Trustee will shall constitute a sufficient notice for every purpose thereunder. In the event of suspension of publication of any Authorized Newspaper or by reason of any other cause it shall be impracticable to give notice by publication, then such notification as shall be given with the approval of the Trustee shall constitute sufficient notice for every purpose hereunder. Where this Indenture provides for Failure to mail a notice or communication to a Holder or any defect in it or any defect in any manner, notice by publication as to a Holder shall not affect the sufficiency of such notice may be waived with respect to other Holders. If a notice or communication is mailed or published in writing by the Person entitled to receive such noticemanner provided above, either before or after the event, and such waiver will be the equivalent of such notice. Waivers of notice by Holders of Subordinated Notes will be filed with the Trustee, but such filing will not be a condition precedent to the validity of any action taken in reliance upon such waiver. Notwithstanding any other provision herein, where this Indenture provides for notice to any Holder of a Global Subordinated Note, or of an interest therein, such notice will be sufficiently given if given to the Depositary for such Global Subordinated Note (or its designee) according to the Applicable Procedures of such Depositary prescribed for giving such noticeit is conclusively presumed duly given.

Appears in 1 contract

Samples: Indenture (Swift Energy Co)

Required Notices or Demands. Any Except as otherwise expressly provided in the Indenture, any notice or communication demand which by any provision of the Indenture is required or permitted to be given or served by the Company Trustee or by the Trustee Holders to or on the other is duly given if Issuers shall be in writing in the English language and delivered may be given or served by being deposited postage prepaid in Person or delivered a post office letter box in the United States addressed (until another address is filed by registered or certified mail (return receipt requested), facsimile or overnight air courier guaranteeing next day delivery, to the other’s address: If to the Company; Midland States Bancorp, Inc. 0000 Xxxxxxx Xxxxxx Xxxxx Effingham, Illinois 62401 Attention: Xxxxxxx X. Xxxxxx Chief Executive Officer Facsimile: (000) 000-0000 If to Issuers with the Trustee) as follows: UMB Bank National Association 0000 EOTT Energy Partners, L.P., 2000 Xxxx Xxx XxxxxxXxxxxxx Xxxxxxx South, Suite 870 400, Houston, Texas 77056 77042, Attention: Xxxxx X. Xxxxx Facsimile No.General Counsel. Except as otherwise expressly provided in the Indenture, any notice, direction, request or demand by the Issuers or by any Holder to or upon the Trustee shall be in writing in the English language and may be given or made, for all purposes, by being deposited, postage prepaid, in a post office letter box in the United States addressed to the Corporate Trust Office of the Trustee initially at ______________________________________, Attention: 000-000-0000 ___________________. The Company Issuers or the Trustee by notice to the other may designate additional or different addresses for subsequent notices or communications. All notices and communications will be deemed to have been duly given: at the time delivered by hand, if personally delivered; five Business Days after being deposited in the mail, postage prepaid, if delivered by mail; on the first Business Day after being sent, if sent by facsimile and the sender receives confirmation of successful transmission; and the next Business Day after timely delivery to the courier, if sent by overnight air courier guaranteeing next day delivery. Any notice required or permitted to be given a Registered Holder by the Issuers or the Trustee pursuant to a Holder under the provisions of this the Indenture will shall be in writing in the English language and shall be deemed to be properly delivered mailed by being deposited postage prepaid in a post office letter box in the United States addressed to such Holder at the address of such Xxxxxx Holder as shown on the Subordinated Note Debt Security Register. Any report in accordance with pursuant to Section 313 of the Trust Indenture Act will shall be transmitted in compliance with subsection (c) therein. If the Company delivers a notice or communication to Holders, the Company will deliver a copy to the Trustee at the same time. In any case where notice to Holders of Subordinated Notes is delivered by mail, neither the failure to deliver such notice, nor any defect in any notice so delivered, to any particular Holder of a Subordinated Note will affect the sufficiency of such notice with respect to other Holders of Subordinated Notes. Any notice that is delivered in the manner herein provided will be conclusively presumed to have been duly given or provided. In the case by reason event of the suspension of regular mail service or by reason of any other cause it will shall be impracticable to give such notice by mail, then such notification as will shall be made given with the approval of the Trustee will shall constitute a sufficient notification notice for every purpose hereunderthereunder. Where this Indenture provides for Failure to mail a notice or communication to a Holder or any defect in it or any defect in any manner, such notice may be waived in writing by publication as to a Holder shall not affect the Person entitled to receive such notice, either before or after the event, and such waiver will be the equivalent sufficiency of such notice. Waivers of notice by Holders of Subordinated Notes will be filed with the Trustee, but such filing will not be a condition precedent to the validity of any action taken in reliance upon such waiver. Notwithstanding any other provision herein, where this Indenture provides for notice to any Holder of a Global Subordinated Note, or of an interest therein, such notice will be sufficiently given if given to the Depositary for such Global Subordinated Note (or its designee) according to the Applicable Procedures of such Depositary prescribed for giving such notice.

Appears in 1 contract

Samples: Eott Energy Operating Lp

Required Notices or Demands. Any notice or communication by the Company or the Trustee to the other is duly given if in writing and delivered in Person or delivered by registered or certified mail (return receipt requested), facsimile facsimile, email or overnight air courier guaranteeing next day delivery, to the other’s address: If to the Company; Midland States BancorpCapStar Financial Holdings, Inc. 0000 Xxxxxxx Xxxxxx Xxxxx EffinghamXxxxxxxxxx Xxxxxx, Illinois 62401 Suite 700 Nashville, Tennessee 37203 Attention: Xxxxxxx X. Xxxxxx Chief Executive Financial Officer Facsimile: (000) 000-0000 If to the Trustee: UMB Bank Bank, National Association 0000 Xxx Xxxxxx, Suite 870 Houston, Texas 77056 Attention: Xxxxx X. Xxxxx Facsimile No.Xxxxx, Xx. Vice President, Corporate Trust Services Facsimile: (000-) 000-0000 The Company or the Trustee by notice to the other may designate additional or different addresses for subsequent notices or communications. All notices and communications will be deemed to have been duly given: at the time delivered by hand, if personally delivered; five Business Days after being deposited in the mail, postage prepaid, if delivered by mail; on the first Business Day after being sent, if sent by facsimile and the sender receives confirmation of successful transmission; upon confirmation of transmittal (but excluding any automatic reply to such email), if sent by email; and the next Business Day after timely delivery to the courier, if sent by overnight air courier guaranteeing next day delivery. Any notice required or permitted to be given to a Holder or electronically through the Applicable Procedures of the Depositary under the provisions of this Indenture will be deemed to be properly delivered by being deposited postage prepaid in a post office letter box in the United States addressed to such Holder at the address of such Xxxxxx Holder as shown on the Subordinated Note Register. Any report in accordance with Section 313 of the Trust Indenture Act will be transmitted in compliance with subsection (c) therein. If the Company delivers a notice or communication to Holders, the Company will deliver a copy to the Trustee at the same time. In any case where notice to Holders of Subordinated Notes is delivered by mail, neither the failure to deliver such notice, nor any defect in any notice so delivered, to any particular Holder of a Subordinated Note will affect the sufficiency of such notice with respect to other Holders of Subordinated Notes. Any notice that is delivered in the manner herein provided will be conclusively presumed to have been duly given or provided. In the case by reason of the suspension of regular mail service or by reason of any other cause it will be impracticable to give such notice by mail, then such notification as will be made with the approval of the Trustee will constitute a sufficient notification for every purpose hereunder. Where this Indenture provides for notice in any manner, such notice may be waived in writing by the Person entitled to receive such notice, either before or after the event, and such waiver will be the equivalent of such notice. Waivers of notice by Holders of Subordinated Notes will be filed with the Trustee, but such filing will not be a condition precedent to the validity of any action taken in reliance upon such waiver. Notwithstanding any other provision herein, where this Indenture provides for notice to any Holder of a Global Subordinated Note, or of an interest therein, such notice will be sufficiently given if given to the Depositary for such Global Subordinated Note (or its designee) according to the Applicable Procedures of such Depositary prescribed for giving such notice.

Appears in 1 contract

Samples: CapStar Financial Holdings, Inc.

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Required Notices or Demands. Any notice or communication by the Company or the Trustee to the other is duly given if in writing and delivered in Person or delivered by registered or certified mail (return receipt requested), facsimile or overnight air courier guaranteeing next day delivery, to the other’s address: If to the Company; Midland States BancorpRBB Bancorp 0000 Xxxxxxxxxxxx Xxx. Xxxxx Xxxx, Inc. 0000 Xxxxxxx Xxxxxx Xxxxx Effingham, Illinois 62401 XX 00000 Attention: Xxxxxxx X. Xxxxxx Chief Executive Financial Officer Facsimile: (000) 000-0000 If to the Trustee: UMB Bank National Association Bank, N.A. 0000 Xxx Xxxxxx, Suite 870 Houston, Texas 77056 Attention: Xxxxx X. Xxxxx Xxxxx, Senior Vice President Facsimile No.: (000-) 000-0000 The Company or the Trustee by notice to the other may designate additional or different addresses for subsequent notices or communications. All notices and communications will be deemed to have been duly given: at the time delivered by hand, if personally delivered; five Business Days after being deposited in the mail, postage prepaid, if delivered by mail; on the first Business Day after being sent, if sent by facsimile and the sender receives confirmation of successful transmission; and the next Business Day after timely delivery to the courier, if sent by overnight air courier guaranteeing next day delivery. Any notice required or permitted to be given to a Holder under the provisions of this Indenture will be deemed to be properly delivered by being deposited postage prepaid in a post office letter box in the United States addressed to such Holder at the address of such Xxxxxx Holder as shown on the Subordinated Note Register. Any report in accordance with Section 313 of the Trust Indenture Act will be transmitted in compliance with subsection (c) therein. If the Company delivers a notice or communication to Holders, the Company will deliver a copy to the Trustee at the same time. In any case where notice to Holders of Subordinated Notes is delivered by mail, neither the failure to deliver such notice, nor any defect in any notice so delivered, to any particular Holder of a Subordinated Note will affect the sufficiency of such notice with respect to other Holders of Subordinated Notes. Any notice that is delivered in the manner herein provided will be conclusively presumed to have been duly given or provided. In the case by reason of the suspension of regular mail service or by reason of any other cause it will be impracticable to give such notice by mail, then such notification as will be made with the approval of the Trustee will constitute a sufficient notification for every purpose hereunder. Where this Indenture provides for notice in any manner, such notice may be waived in writing by the Person entitled to receive such notice, either before or after the event, and such waiver will be the equivalent of such notice. Waivers of notice by Holders of Subordinated Notes will be filed with the Trustee, but such filing will not be a condition precedent to the validity of any action taken in reliance upon such waiver. Notwithstanding any other provision herein, where this Indenture provides for notice to any Holder of a Global Subordinated Note, or of an interest therein, such notice will be sufficiently given if given to the Depositary for such Global Subordinated Note (or its designee) according to the Applicable Procedures applicable procedures of such Depositary prescribed for giving such notice.

Appears in 1 contract

Samples: Indenture (RBB Bancorp)

Required Notices or Demands. Any notice or communication by the Company or the Trustee to the other is duly given if in writing and delivered in Person or delivered by registered or certified mail (return receipt requested), facsimile facsimile, email or overnight air courier guaranteeing next day delivery, to the other’s address: If to the Company; Midland States BancorpPathward Financial, Inc. 0000 Xxxxxxx Xxxxx Xxxxxxxxx Xxxx Xxxxx Xxxxx, Xxxxx Xxxxxx Xxxxx Effingham, Illinois 62401 00000 Attention: Xxxxx Xxx Xxxxxxx X. Xxxxxx Chief Executive Officer FacsimileEmail: (000) 000-0000 xxxxxxxxxxx@xxxxxxxx.xxx If to the Trustee: UMB Bank National Association Bank, N.A. 0000 Xxx Xxxxxx, Suite 870 Houston, Texas 77056 Attention: Xxxxx X. Xxxxx Facsimile No.Email: 000-000-0000 xxxxx.xxxxx@xxx.xxx The Company or the Trustee by notice to the other may designate additional or different addresses for subsequent notices or communications. All notices and communications will be deemed to have been duly given: at the time delivered by hand, if personally delivered; five Business Days after being deposited in the mail, postage prepaid, if delivered by mail; on the first Business Day after being sent, if sent by facsimile and the sender receives confirmation of successful transmission; upon confirmation of transmittal (but excluding any automatic reply to such email), if sent by email; and the next Business Day after timely delivery to the courier, if sent by overnight air courier guaranteeing next day delivery. Any notice required or permitted to be given to a Holder or electronically through the Applicable Procedures of the Depositary under the provisions of this Indenture will be deemed to be properly delivered by being deposited postage prepaid in a post office letter box in the United States addressed to such Holder at the address of such Xxxxxx Holder as shown on the Subordinated Note Register. Any report in accordance with Section 313 of the Trust Indenture Act will be transmitted in compliance with subsection (c) therein. If the Company delivers a notice or communication to Holders, the Company will deliver a copy to the Trustee at the same time. In any case where notice to Holders of Subordinated Notes is delivered by mail, neither the failure to deliver such notice, nor any defect in any notice so delivered, to any particular Holder of a Subordinated Note will affect the sufficiency of such notice with respect to other Holders of Subordinated Notes. Any notice that is delivered in the manner herein provided will be conclusively presumed to have been duly given or provided. In the case by reason of the suspension of regular mail service or by reason of any other cause it will be impracticable to give such notice by mail, then such notification as will be made with the approval of the Trustee will constitute a sufficient notification for every purpose hereunder. Where this Indenture provides for notice in any manner, such notice may be waived in writing by the Person entitled to receive such notice, either before or after the event, and such waiver will be the equivalent of such notice. Waivers of notice by Holders of Subordinated Notes will be filed with the Trustee, but such filing will not be a condition precedent to the validity of any action taken in reliance upon such waiver. Notwithstanding any other provision herein, where this Indenture provides for notice to any Holder of a Global Subordinated Note, or of an interest therein, such notice will be sufficiently given if given to the Depositary for such Global Subordinated Note (or its designee) according to the Applicable Procedures of such Depositary prescribed for giving such notice.

Appears in 1 contract

Samples: Pathward Financial, Inc.

Required Notices or Demands. Any notice or communication by the Company or the Trustee to the other is duly given if in writing and delivered in Person or delivered by registered or certified mail (return receipt requested), facsimile facsimile, email or overnight air courier guaranteeing next day delivery, to the other’s address: If to the Company; Midland States BancorpInvestar Holding Corporation 00000 Xxxxxxx Xxxxxxxxx Baton Rouge, Inc. 0000 Xxxxxxx Xxxxxx Xxxxx Effingham, Illinois 62401 Louisiana 70816 Attention: Xxxxxxx X. Xxxxxx Chief Executive Officer FacsimileXxxxx Xxxxx Email: (000) 000-0000 [•] If to the Trustee: UMB Bank Bank, National Association Association, as Trustee 0000 Xxx Xxxxxx, Suite 870 Houston, Texas 77056 Attention: Xxxxx X. Xxxxx Facsimile No.[•] Email: 000-000-0000 [•] The Company or the Trustee by notice to the other may designate additional or different addresses for subsequent notices or communications. All notices and communications will be deemed to have been duly given: at the time delivered by hand, if personally delivered; five Business Days after being deposited in the mail, postage prepaid, if delivered by mail; on the first Business Day after being sent, if sent by facsimile and the sender receives confirmation of successful transmission; upon confirmation of transmittal (but excluding any automatic reply to such email), if sent by email; and the next Business Day after timely delivery to the courier, if sent by overnight air courier guaranteeing next day delivery. Any notice required or permitted to be given to a Holder under the provisions of this Indenture will be deemed to be properly delivered by being deposited postage prepaid in a post office letter box in the United States addressed to such Holder at the address of such Xxxxxx Holder as shown on the Subordinated Note RegisterRegister or by delivery electronically through the Applicable Procedures of the Depositary . Any report in accordance with Section 313 of the Trust Indenture Act will be transmitted in compliance with subsection (c) therein. If the Company delivers a notice or communication to Holders, the Company will deliver a copy to the Trustee at the same time. In any case where notice to Holders of Subordinated Notes is delivered by mail, neither the failure to deliver such notice, nor any defect in any notice so delivered, to any particular Holder of a Subordinated Note will affect the sufficiency of such notice with respect to other Holders of Subordinated Notes. Any notice that is delivered in the manner herein provided will be conclusively presumed to have been duly given or provided. In the case by reason of the suspension of regular mail service or by reason of any other cause it will be impracticable to give such notice by mail, then such notification as will be made with the approval of the Trustee will constitute a sufficient notification for every purpose hereunder. Where this Indenture provides for notice in any manner, such notice may be waived in writing by the Person entitled to receive such notice, either before or after the event, and such waiver will be the equivalent of such notice. Waivers of notice by Holders of Subordinated Notes will be filed with the Trustee, but such filing will not be a condition precedent to the validity of any action taken in reliance upon such waiver. Notwithstanding any other provision herein, where this Indenture provides for notice to any Holder of a Global Subordinated Note, or of an interest therein, such notice will be sufficiently given if given to the Depositary for such Global Subordinated Note (or its designee) according to the Applicable Procedures of such Depositary prescribed for giving such notice.

Appears in 1 contract

Samples: Indenture (Investar Holding Corp)

Required Notices or Demands. Any Except as otherwise expressly provided in this Indenture, any notice or communication demand which by any provision of this Indenture is required or permitted to be given or served by the Company Trustee or by the Holders to or on the Partnership may be given or served by being deposited postage prepaid in a post office letter box in the United States addressed (until another address is filed by the Partnership with the Trustee) as follows: Kaneb Pipe Line Operating Partnership, L.P., 2435 North Central Expressway, Richardson, Texas 75080, Attention: ____________________. Xxxxxx xx xxxxxxxxx xxxxxxxxx xxxxxded in this Indenture, any notice, direction, request or demand by the Partnership or by any Holder to or upon the Trustee may be given or made, for all purposes, by being deposited, postage prepaid, in a post office letter box in the United States addressed to the other is duly given if in writing and delivered in Person or delivered by registered or certified mail (return receipt requested)Corporate Trust Office of the Trustee initially at ________________________________________, facsimile or overnight air courier guaranteeing next day delivery, to the other’s address: If to the Company; Midland States Bancorp, Inc. 0000 Xxxxxxx Xxxxxx Xxxxx Effingham, Illinois 62401 Attention: Xxxxxxx X. Xxxxxx Chief Executive Officer Facsimile: (000) 000-0000 If to the Trustee: UMB Bank National Association 0000 Xxx Xxxxxx, Suite 870 Houston, Texas 77056 Attention: Xxxxx X. Xxxxx Facsimile No.: 000-000-0000 [Corporate Trust Administration]. The Company Partnership or the Trustee by notice to the other may designate additional or different addresses for subsequent notices or communications. All notices and communications will be deemed to have been duly given: at the time delivered by hand, if personally delivered; five Business Days after being deposited in the mail, postage prepaid, if delivered by mail; on the first Business Day after being sent, if sent by facsimile and the sender receives confirmation of successful transmission; and the next Business Day after timely delivery to the courier, if sent by overnight air courier guaranteeing next day delivery. Any notice required or permitted to be given a Registered Holder by the Partnership or the Trustee pursuant to a Holder under the provisions of this Indenture will shall be deemed to be properly delivered mailed by being deposited postage prepaid in a post office letter box in the United States addressed to such Holder at the address of such Xxxxxx Holder as shown on the Subordinated Note Debt Security Register. Any report in accordance with pursuant to Section 313 of the Trust Indenture Act will shall be transmitted in compliance with subsection (c) therein. If Notwithstanding the Company delivers a notice or communication to Holdersforegoing, the Company will deliver a copy to the Trustee at the same time. In any case where notice to Holders of Subordinated Notes is delivered by mail, neither Floating Rate Securities regarding the failure to deliver such notice, nor any defect in any notice so delivered, to any particular Holder determination of a Subordinated Note will affect the sufficiency periodic rate of interest, if such notice with respect is required pursuant to other Holders of Subordinated Notes. Any notice that is delivered Section 2.03, shall be sufficiently given in the manner herein provided will be conclusively presumed specified pursuant to have been duly given or provided. In the case by reason of the suspension of regular mail service or by reason of any other cause it will be impracticable to give such notice by mail, then such notification as will be made with the approval of the Trustee will constitute a sufficient notification for every purpose hereunder. Where this Indenture provides for notice in any manner, such notice may be waived in writing by the Person entitled to receive such notice, either before or after the event, and such waiver will be the equivalent of such notice. Waivers of notice by Holders of Subordinated Notes will be filed with the Trustee, but such filing will not be a condition precedent to the validity of any action taken in reliance upon such waiver. Notwithstanding any other provision herein, where this Indenture provides for notice to any Holder of a Global Subordinated Note, or of an interest therein, such notice will be sufficiently given if given to the Depositary for such Global Subordinated Note (or its designee) according to the Applicable Procedures of such Depositary prescribed for giving such noticeSection 2.03.

Appears in 1 contract

Samples: Kaneb Pipe Line Operating Partnership Lp

Required Notices or Demands. Any notice or communication by the Company or the Trustee to the other is duly given if in writing and delivered in Person or delivered by registered or certified mail (return receipt requested), facsimile or overnight air courier guaranteeing next day delivery, to the other’s address: If to the Company; Midland States HarborOne Bancorp, Inc. 0000 Xxxxxxx 000 Xxx Xxxxxx Xxxxx EffinghamXxxxxxxx, Illinois 62401 XX 00000 Attention: Xxxxxxx X. Xxxxxx Chief Executive Financial Officer Facsimile: (000) 000-0000 If to the Trustee: UMB Bank Bank, National Association 0000 Xxx Xxxxxx, Suite 870 Houston, Texas 77056 Attention: Xxxxx X. Xxxxx 77002 Facsimile No.: (000-) 000-0000 Attn: Corporate Trust Officer The Company or the Trustee by notice to the other may designate additional or different addresses for subsequent notices or communications. All notices and communications will be deemed to have been duly given: at the time delivered by hand, if personally delivered; five Business Days after being deposited in the mail, postage prepaid, if delivered by mail; on the first Business Day after being sent, if sent by facsimile and the sender receives confirmation of successful transmission; and the next Business Day after timely delivery to the courier, if sent by overnight air courier guaranteeing next day delivery. Any notice required or permitted to be given to a Holder under the provisions of this Indenture will be deemed to be properly delivered by being deposited postage prepaid in a post office letter box in the United States addressed to such Holder at the address of such Xxxxxx Holder as shown on the Subordinated Note Register. Any report in accordance with Section 313 of the Trust Indenture Act will be transmitted in compliance with subsection (c) therein. If the Company delivers a notice or communication to Holders, the Company will deliver a copy to the Trustee at the same time. In any case where notice to Holders of Subordinated Notes is delivered by mail, neither the failure to deliver such notice, nor any defect in any notice so delivered, to any particular Holder of a Subordinated Note will affect the sufficiency of such notice with respect to other Holders of Subordinated Notes. Any notice that is delivered in the manner herein provided will be conclusively presumed to have been duly given or provided. In the case by reason of the suspension of regular mail service or by reason of any other cause it will be impracticable to give such notice by mail, then such notification as will be made with the approval of the Trustee will constitute a sufficient notification for every purpose hereunder. Where this Indenture provides for notice in any manner, such notice may be waived in writing by the Person entitled to receive such notice, either before or after the event, and such waiver will be the equivalent of such notice. Waivers of notice by Holders of Subordinated Notes will be filed with the Trustee, but such filing will not be a condition precedent to the validity of any action taken in reliance upon such waiver. Notwithstanding any other provision herein, where this Indenture provides for notice to any Holder of a Global Subordinated Note, or of an interest therein, such notice will be sufficiently given if given to the Depositary for such Global Subordinated Note (or its designee) according to the Applicable Procedures applicable procedures of such Depositary prescribed for giving such notice.

Appears in 1 contract

Samples: Indenture (HarborOne Bancorp, Inc.)

Required Notices or Demands. Any Except as otherwise expressly provided in this Indenture, any notice or communication demand which by any provision of this Indenture is required or permitted to be given or served by the Trustee or by the Holders to or on the Company may be given or served by being deposited first class mail, postage prepaid, in a post office letter box in the United States addressed (until another address is filed by the Company with the Trustee) as follows: Unit Corporation, 0000 Xxxxx Xxxxx, Tulsa, Oklahoma 74136, Attention: Chief Financial Officer. Except as otherwise expressly provided in this Indenture, any notice, direction, request or demand by the Company or by any Holder to or upon the Trustee may be given or made, for all purposes, by being deposited first class mail, postage prepaid, in a post office letter box in the United States addressed to the other is duly given if in writing and delivered in Person or delivered by registered or certified mail (return receipt requested)corporate trust office of the Trustee initially at 000 Xxxxx Xxxx, facsimile or overnight air courier guaranteeing next day deliveryXxxxx 000, to the other’s address: If to the Company; Midland States BancorpXxxxxxxx, Inc. 0000 Xxxxxxx Xxxxxx Xxxxx EffinghamXX 00000, Illinois 62401 Attention: Xxxxxxx X. Xxxxxx Chief Executive Officer Facsimile: (000) 000-0000 If to the Trustee: UMB Bank National Association 0000 Xxx Xxxxxx, Suite 870 Houston, Texas 77056 Attention: Xxxxx X. Xxxxx Facsimile No.: 000-000-0000 Unit Corporation Adminstrator. The Company or the Trustee by notice to the other may designate additional or different addresses for subsequent notices or communications. All notices and communications will be deemed to have been duly given: at the time delivered by hand, if personally delivered; five Business Days after being deposited in the mail, postage prepaid, if delivered by mail; on the first Business Day after being sent, if sent by facsimile and the sender receives confirmation of successful transmission; and the next Business Day after timely delivery to the courier, if sent by overnight air courier guaranteeing next day delivery. Any notice required or permitted to be given a Registered Holder by the Company or the Trustee pursuant to a Holder under the provisions of this Indenture will shall be deemed to be properly delivered mailed by being deposited first class mail, postage prepaid prepaid, in a post office letter box in the United States addressed to such Holder at the address of such Xxxxxx Holder as shown on the Subordinated Note RegisterDebt Security Register (and in the case of Global Securities, sent in accordance with the procedures of the Depositary). Any report in accordance with pursuant to Section 313 of the Trust Indenture Act will shall be transmitted in compliance with subsection (c) therein. If the Company delivers a notice or communication to Holders, the Company will deliver a copy to the Trustee at the same time. In any case where notice to Holders of Subordinated Notes is delivered by mail, neither the failure to deliver such notice, nor any defect in any notice so delivered, to any particular Holder of a Subordinated Note will affect the sufficiency of such notice with respect to other Holders of Subordinated Notes. Any notice that is delivered in the manner herein provided will be conclusively presumed to have been duly given or provided. In the case by reason event of the suspension of regular mail service or by reason of any other cause it will shall be impracticable to give such notice by mail, then such notification as will shall be made given with the approval of the Trustee will shall constitute a sufficient notification notice for every purpose hereunderthereunder. Where this Indenture provides for Failure to mail a notice or communication to a Holder or any defect in it or any defect in any manner, notice by publication as to a Holder shall not affect the sufficiency of such notice may be waived with respect to other Holders. If a notice or communication is mailed or published in writing by the Person entitled to receive such noticemanner provided above, either before or after the event, and such waiver will be the equivalent of such notice. Waivers of notice by Holders of Subordinated Notes will be filed with the Trustee, but such filing will not be a condition precedent to the validity of any action taken in reliance upon such waiver. Notwithstanding any other provision herein, where this Indenture provides for notice to any Holder of a Global Subordinated Note, or of an interest therein, such notice will be sufficiently given if given to the Depositary for such Global Subordinated Note (or its designee) according to the Applicable Procedures of such Depositary prescribed for giving such noticeit is conclusively presumed duly given.

Appears in 1 contract

Samples: Unit Corp

Required Notices or Demands. Any Except as otherwise expressly provided in this Indenture, any notice or communication demand which by any provision of this Indenture is required or permitted to be given or served by the Trustee or by the Holders to or on the Company or the Trustee to the other is duly may be given if in writing and delivered in Person person or delivered mailed by first-class mail (registered or certified mail (certified, return receipt requested), facsimile ) or sent by overnight air courier guaranteeing next day delivery, to delivery addressed (until another address is filed by the other’s addressCompany with the Trustee) as follows: If to the Company; Midland States BancorpQuanta Services, Inc. 0000 Xxxxxxx Xxxxxx Xxxx Xxx Xxxx., Xxxxx Effingham0000 Houston, Illinois 62401 Texas 77056-6175 Attention: Xxxxxxx X. Xxxxxx Chief Executive Officer Facsimile: General Counsel Except as otherwise expressly provided in this Indenture, any notice, direction, request or demand by the Company or by any Holder to or upon the Trustee may be given or made, for all purposes, if delivered in person or mailed by first-class mail (000registered or certified, return receipt requested) 000-0000 If or sent by overnight air courier guaranteeing next day delivery addressed to the TrusteeCorporate Trust Office of the Trustee initially at: UMB U.S. Bank National Association Global Corporate Trust 0 Xxxxxxxx Xxxxx Xxxxx 0000 Xxx Xxxxxx, Suite 870 Houston, Texas 77056 77046-0892 Attention: Xxxxxxxxx Xxxxx X. Xxxxx Facsimile No.: 000-000-0000 The Company or the Trustee by notice to the other may designate additional or different addresses for subsequent notices or communications. All notices and communications will be deemed to have been duly given: at the time delivered by hand, if personally delivered; five Business Days after being deposited in the mail, postage prepaid, if delivered by mail; on the first Business Day after being sent, if sent by facsimile and the sender receives confirmation of successful transmission; and the next Business Day after timely delivery to the courier, if sent by overnight air courier guaranteeing next day delivery. Any notice required or permitted to be given a Registered Holder by the Company or the Trustee pursuant to a Holder under the provisions of this Indenture will shall be deemed to be properly delivered mailed by being deposited postage prepaid in a post office letter box in the United States addressed to such Holder at the address of such Xxxxxx Holder as shown on the Subordinated Note Debt Security Register. Any report in accordance with pursuant to Section 313 of the Trust Indenture Act will shall be transmitted in compliance with subsection (c) therein. If the Company delivers a notice or communication to Holders, the Company will deliver a copy to the Trustee at the same time. In any case where notice to Holders of Subordinated Notes is delivered by mail, neither the failure to deliver such notice, nor any defect in any notice so delivered, to any particular Holder of a Subordinated Note will affect the sufficiency of such notice with respect to other Holders of Subordinated Notes. Any notice that is delivered in the manner herein provided will be conclusively presumed to have been duly given or provided. In the case by reason event of the suspension of regular mail service or by reason of any other cause it will shall be impracticable to give such notice by mail, then such notification as will shall be made given with the approval of the Trustee will shall constitute sufficient notice for every purpose thereunder. The Trustee shall have the right to accept and act upon any notice, instruction, or other communication, including any funds transfer instruction (each, a “Notice”), received pursuant to this Indenture by electronic transmission (including by e-mail, facsimile transmission, web portal or other electronic methods) and reasonably believed by the Trustee to be valid and shall not have any duty to confirm that the person sending such Notice is, in fact, a person authorized to do so. Electronic signatures reasonably believed by the Trustee to comply with the ESIGN Act of 2000 or other applicable law (including electronic images of handwritten signatures and digital signatures provided by DocuSign, Orbit, Adobe Sign or any other digital signature provider identified by any other party hereto and acceptable to the Trustee) shall be deemed original signatures for all purposes. Notwithstanding the foregoing, the Trustee may in any instance and in its sole discretion require that a Notice in the form of an original document bearing a manual signature be delivered to the Trustee in lieu of, or in addition to, any such electronic Notice. In the event of suspension of publication of any Authorized Newspaper or by reason of any other cause it shall be impracticable to give notice by publication, then such notification as shall be given pursuant to an Officers’ Certificate delivered to the Trustee shall constitute sufficient notification notice for every purpose hereunder. Where this Indenture provides for Failure to mail a notice or communication to a Holder or any defect in it or any defect in any manner, notice by publication as to a Holder shall not affect the sufficiency of such notice may be waived with respect to other Holders. If a notice or communication is mailed or published in writing by the Person entitled to receive such noticemanner provided above, either before or after the event, and such waiver will be the equivalent of such notice. Waivers of notice by Holders of Subordinated Notes will be filed with the Trustee, but such filing will not be a condition precedent to the validity of any action taken in reliance upon such waiverit is conclusively presumed duly given. Notwithstanding any other provision hereinof this Indenture or any Debt Security, where this Indenture or any Debt Security provides for notice of any event (including any notice of redemption) to any a Holder of a Global Subordinated Note, Security (whether by mail or of an interest thereinotherwise), such notice will shall be sufficiently given if given to the Depositary for such Global Subordinated Note (or its designee) according pursuant to the standing instructions from the Depositary or its designee, including by electronic mail in accordance with Applicable Procedures of such Depositary prescribed for giving such noticeProcedures.

Appears in 1 contract

Samples: Quanta Services, Inc.

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