Notices from Senior Note
This INDENTURE dated as of January 31, 2007, is by and among The Cooper Companies, Inc., a Delaware corporation (the Company), the Subsidiary Guarantors listed on the signature pages hereto, and HSBC Bank USA, National Association, as trustee (the Trustee).
Notices. Any notice or communication by the Company or the Trustee to the others is duly given if in writing and delivered in Person or mailed by first class mail (registered or certified, return receipt requested), telecopier or overnight air courier guaranteeing next-day delivery, to the others address: If to the Company: The Cooper Companies, Inc. 6140 Stoneridge Mall Road, Suite 590 Pleasanton, CA 94588 Attention: Carol R. Kaufman Telecopier No.: (325) 460-3663 With a copy to: Latham Watkins LLP 885 Third Avenue, Suite 1000 New York, New York 10022 Attention: Robert A. Zuccaro, Esq. Telecopier No.: (212) 906-1295 If to the Trustee: HSBC Bank USA, National Association 452 Fifth Avenue New York, New York 10018 Telecopier No.: (212) 525-1300 Attention: Corporate Trust Loan and Agency Services The Company or the Trustee, by notice to the others, may designate additional or different addresses, including if it is a different entity notices for each Agent, for subsequent notices or communications. All notices and communications (other than those sent to Holders and the Trustee) 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 mailed; when receipt acknowledged, if telecopied; and the next Business Day after timely delivery to the courier, if sent by overnight air courier guaranteeing next-day delivery. All notices and communications to the Trustee shall be deemed duly given and effective only upon receipt. Any notice or communication to a Holder shall be mailed by first class mail, certified or registered, return receipt requested, or by overnight air courier guaranteeing next-day delivery to its address shown on the Security Register. Any notice or communication shall also be so mailed to any Person described in TIA SS 313(c), to the extent required by the TIA. Failure to mail a notice or communication to a Holder or any defect in it shall not affect its sufficiency with respect to other Holders. If a notice or communication is mailed in the manner provided above within the time prescribed, it is duly given, whether or not the addressee receives it. If the Company mails a notice or communication to Holders, it shall mail a copy to the Trustee and, if it is a different Person, to each Agent at the same time.
Notices from Purchase Agreement
Notices. All communications hereunder shall be in writing and shall be mailed, hand delivered or telecopied and confirmed to the parties hereto as follows: If to the Initial Purchasers: Jefferies & Co. Inc. 520 Madison Avenue New York, New York 10022 Facsimile: (917) 421-1941 Attention: General Counsel CIBC World Markets Corp. 300 Madison Avenue Third Floor New York, NY 10017 Facsimile: (212) 667-6140 Attention: General Counsel with a copy to: Latham & Watkins LLP 885 Third Avenue New York, New York 10022 Facsimile: (212) 751-4864 Attention: Robert A. Zuccaro If to the Company: Broadwing Corporation 1122 Capital of Texas Highway Austin, Texas 78746 Facsimile: (512) 328-7902 Attention: General Counsel and Chief Financial Officer Any party hereto may change the address for receipt of communications by giving written notice to the others.
THE SECURITIES REPRESENTED HEREBY HAVE BEEN ACQUIRED FOR INVESTMENT AND HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED, OR ANY APPLICABLE STATE SECURITIES LAWS. SUCH SECURITIES AND ANY SECURITIES ISSUED HEREUNDER OR THEREUNDER MAY NOT BE SOLD OR TRANSFERRED IN THE ABSENCE OF SUCH REGISTRATION OR AN EXEMPTION THEREFROM UNDER SAID ACT AND APPLICABLE LAWS.
Notices. Unless otherwise specifically provided herein, all communications under this Warrant shall be in writing and shall be deemed to have been duly given (a) on the date of service if served personally on the party to whom notice is to be given, (b) on the day of transmission if sent by facsimile transmission to a number provided to a party specifically for such purposes, and telephonic confirmation of receipt is obtained promptly after completion of transmission, (c) on the day after delivery to Federal Express or similar overnight courier, or (d) on the fifth day after mailing, if mailed to the party to whom notice is to be given, by first class mail, registered or certified, postage prepaid, and properly addressed, return receipt requested, to each such holder at its address as shown on the books of the Company or to the Company or the Purchaser at the address indicated below. To the Company at: Atlantic Express Transportation Corp. 7 North Street Staten Island, New York 10302-1205 Telecopier No.: (718) 442-9103 Attention: Chief Financial Officer With a copy to: Latham & Watkins LLP 885 Third Avenue, Suite 100 New York, New York 10022-4834 Telecopier No.: (212) 751-4864 Attention: Robert A. Zuccaro, Esq. To the Purchaser at: Airlie Opportunity Capital Management, L.P. 115 East Putnam Avenue Greenwich, Connecticut 06830 Telecopier No.: 203-661-0479 Attention: Adam Goodfriend