Common use of Risk of Payments by Post Clause in Contracts

Risk of Payments by Post. Whenever payments are to be made or certificates or documents are to be sent to any Non-Affiliated Holder by the Trustee or by the Corporation, the Parent or by such Non-Affiliated Holder to the Trustee or to the Parent or the Corporation, the making of such payment or sending of such certificate or document sent through the post shall be at the risk of the Corporation, in the case of payments made or documents sent by the Trustee or the Corporation or the Parent and the Non-Affiliated Holder, in the case of payments made or documents sent by the Non-Affiliated Holder.

Appears in 2 contracts

Samples: Voting, Support and Exchange Trust Agreement (Voice Mobility International Inc), Trust Agreement (Smithfield Foods Inc)

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Risk of Payments by Post. Whenever payments are to be made or certificates or documents are to be sent to any Non-Affiliated Holder by the Trustee or by the Corporation, the Parent or by such Non-Affiliated Holder to the Trustee or to the Parent or the Corporation, the making of such payment or sending of such certificate or document sent through the post shall be at the risk of the Corporation, in the case of payments made or documents sent by the Trustee or the Corporation or the Parent and the Non-Affiliated Holder, in the case of payments made or documents sent by the Non-Affiliated Holder.

Appears in 1 contract

Samples: Trust Agreement (Veritas Software Corp /De/)

Risk of Payments by Post. Whenever payments are to be made or certificates or documents are to be sent to any Non-Affiliated Holder by the Trustee or Trustee, by the Corporation, by NovaCo or the Parent or by such Non-Affiliated Holder to the Trustee or to Trustee, the Parent Parent, NovaCo or the Corporation, the making of such payment or sending of such certificate or document sent through the post shall be at the risk of the Corporation, in the case of payments made or documents sent by the Trustee or Trustee, the Corporation Corporation, NovaCo or the Parent and the Non-Affiliated Holder, in the case of payments made or documents sent by the Non-Affiliated Holder.

Appears in 1 contract

Samples: Voting, Support and Exchange Trust Agreement (Planet411 Com Inc)

Risk of Payments by Post. Whenever payments are to be made or certificates or documents are to be sent to any Non-Affiliated Holder by the Trustee Trustee, by the Company, by CallCo or by the Corporation, the Parent ParentCo or by such Non-Affiliated Holder to the Trustee or to the Parent ParentCo, or to CallCo or the CorporationCompany, the making of such payment or sending of such certificate or document sent through the post shall be at the risk of the CorporationCompany or CallCo or ParentCo, in the case of payments made or documents sent by the Trustee or the Corporation Company or the Parent CallCo or ParentCo, and the Non-Affiliated Holder, in the case of payments made or documents sent by the Non-Affiliated Holder.

Appears in 1 contract

Samples: Exchange Trust Agreement (Daleen Technologies Inc)

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Risk of Payments by Post. Whenever payments are to be made or certificates or documents are to be sent to any Non-Affiliated Holder by the Trustee or by the Corporation, the Parent or by such Non-Affiliated Holder to the Trustee or to the Parent or the Corporation, the making of such payment or sending of such certificate or document sent through the post shall be at the risk of the Corporation, in the case of payments made or documents sent by the Trustee or the Corporation or the Parent Parent, and the Non-Affiliated Holder, in the case of payments made or documents sent by the Non-Affiliated Holder.

Appears in 1 contract

Samples: Combination Agreement (Electronic Retailing Systems International Inc)

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