Common use of Addresses for Notices, Etc Clause in Contracts

Addresses for Notices, Etc. Any notice or demand that by any provision of this Indenture is required or permitted to be given or served by the Trustee or by the Holders on the Company or the Guarantor shall be deemed to have been sufficiently given or made, for all purposes if given or served by being deposited postage prepaid by registered or certified mail in a post office letter box addressed (until another address is filed by the Company with the Trustee) to Encore Capital Group, Inc., 0000 Xxxxxx Xxx Xxx Xxxxx, Xxxxx 000, Xxx Xxxxx, Xxxxxxxxxx 00000, Attention: General Counsel, or sent electronically in PDF format. All notices to the Trustee in its capacity as Trustee, Paying Agent or Conversion Agent under this Agreement shall be mailed, first class, postage prepaid, personally delivered or sent via facsimile or electronic (email) transmission (with a portable document format or similar attachment) to the Trustee, MUFG Union Bank, N.A., 1251 Avenue of the Xxxxxxxx, 00xx Xxxxx, Xxx Xxxx, Xxx Xxxx 00000, Attention: Corporate Trust Administration, Fax 000-000-0000; Email: XxxxxxxXxxxxxxxxxxxxx-XxxxxxxxxXxxxx@xxxxxxxxx.xxx and XXXX0@xxxxxxxxx.xxx. The Trustee, by notice to the Company, may designate additional or different addresses or delivery methods for subsequent notices or communications. Any notice or communication mailed to a Holder shall be mailed to it by first class mail, postage prepaid, at its address as it appears on the Note Register and shall be sufficiently given to it if so mailed within the time prescribed; provided that notices given to Holders of any Global Note may be given through the facilities of the Depositary therefor (and notice provided in such manner will be deemed to be “written” notice and to satisfy any requirement in this Indenture or the Notes to “mail” notice to the applicable Holder). Failure to mail a notice or communication to a Holder or any defect in it shall not affect its sufficiency with respect to other Holders. If a notice or communication is mailed in the manner provided above, it is duly given, whether or not the addressee receives it. In case by reason of the suspension of regular mail service or by reason of any other cause it shall be impracticable to give such notice to Holders by mail, then such notification as shall be made with the approval of the Trustee shall constitute a sufficient notification for every purpose hereunder.

Appears in 1 contract

Samples: Encore Capital Group Inc

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Addresses for Notices, Etc. Any notice or demand that which by any provision of this Indenture is required or permitted to be given or served by the Trustee or by the Holders of Notes on the Company Issuer or the Guarantor shall be in writing and shall be deemed to have been sufficiently given or made, for all purposes purposes, if given or served by being deposited postage prepaid by registered or certified mail in a post office letter box box, or sent by overnight courier, or sent by telecopier transmission addressed as follows: To Issuer: BioMed Realty, L.P. 10000 Xxxxxxxx Xxxxxx Drive, Suite 222 San Diego, California 92128 Telecopier No.: (until another address is filed by the Company with the Trustee000) to Encore Capital Group, Inc., 000-0000 Xxxxxx Xxx Xxx Xxxxx, Xxxxx 000, Xxx Xxxxx, Xxxxxxxxxx 00000, Attention: General CounselCounsel To Guarantor: BioMed Realty Trust, Inc. 10000 Xxxxxxxx Xxxxxx Drive, Suite 222 San Diego, California 92128 Telecopier No.: (000) 000-0000 Attention: General Counsel Any notice, direction, request or sent electronically in PDF format. All notices demand hereunder to or upon the Trustee in its capacity as Trustee, Paying Agent or Conversion Agent under this Agreement shall be maileddeemed to have been sufficiently given or made, first classfor all purposes, if given or served by being deposited, postage prepaid, personally delivered by registered or certified mail in a post office letter box, or sent via facsimile by overnight courier, or electronic (email) sent by telecopier transmission (with a portable document format or similar attachment) to the Trustee, MUFG Union Bank, N.A., 1251 Avenue of the Xxxxxxxxaddressed as follows: U.S. Bank National Association 600 Xxxx Xxxxx Xxxxxx, 00xx XxxxxXxxxx Xxx Xxxxxxx, Xxx Xxxx, Xxx Xxxx 00000, Xxxxxxxxxx 00000 Telecopier No.: (000) 000-0000 Attention: Corporate Trust Administration, Fax 000-000-0000; Email: XxxxxxxXxxxxxxxxxxxxx-XxxxxxxxxXxxxx@xxxxxxxxx.xxx and XXXX0@xxxxxxxxx.xxx. Services The Trustee, by notice to the CompanyIssuer, may designate additional or different addresses or delivery methods for subsequent notices or communications. Any notice or communication mailed to a Holder Noteholder shall be mailed to it by first class mail, postage prepaid, at its such Noteholder’s address as it appears on the Note Register and shall be sufficiently given to it such Noteholder if so mailed within the time prescribed; provided that notices given to Holders of any Global Note may be given through the facilities of the Depositary therefor (and notice provided in such manner will be deemed to be “written” notice and to satisfy any requirement in this Indenture or the Notes to “mail” notice to the applicable Holder). Failure to mail a notice or communication to a Holder Noteholder or any defect in it shall not affect its sufficiency with respect to other HoldersNoteholders. If a notice or communication is mailed in the manner provided above, it is duly given, whether or not the addressee receives it. In case by reason of the suspension of regular mail service or by reason of any other cause it shall be impracticable to give such notice to Holders by mail, then such notification as shall be made with the approval of the Trustee shall constitute a sufficient notification for every purpose hereunder.

Appears in 1 contract

Samples: Indenture (BioMed Realty Trust Inc)

Addresses for Notices, Etc. Any notice or demand that which by any provision of this Indenture is required or permitted to be given or served by the Trustee or by the Holders holders of Notes on the Company or the Guarantor Issuer shall be in writing and shall be deemed to have been sufficiently given or made, for all purposes purposes, if given or served by being deposited postage prepaid by registered or certified mail in a post office letter box addressed (until another address is filed by the Company with the Trustee) to Encore Capital Group, Inc., 0000 Xxxxxx Xxx Xxx Xxxxx, Xxxxx 000, Xxx Xxxxx, Xxxxxxxxxx 00000, Attention: General Counselbox, or sent electronically in PDF format. All notices to the Trustee in its capacity as Trusteeby overnight courier, Paying Agent or Conversion Agent under this Agreement shall be mailed, first class, postage prepaid, personally delivered or sent via facsimile or electronic (email) by telecopier transmission (with a portable document format or similar attachment) to the Trustee, MUFG Union Bank, N.A., 1251 addressed as follows: iStar Financial Inc. 1114 Avenue of the Xxxxxxxx, 00xx XxxxxXxxxx Xxx Xxxx, XX 00000 Facsimile: (000) 000-0000 Attention: Chief Executive Officer With a copy to: Xxxxxxxx Chance US LLP 00 Xxxx 00xx Xxxxxx Xxx Xxxx, XX 00000 Facsimile: (000) 000-0000 Attention: Xxxxxxxx X. Xxxxxx, Esq. Any notice, direction, request or demand hereunder to or upon the Trustee shall be deemed to have been sufficiently given or made, for all purposes, if given or served by being deposited, postage prepaid, by registered or certified mail in a post office letter box, or sent by overnight courier, or sent by telecopier transmission addressed as follows: US Bank Trust National Association, 000 Xxxx Xxxxxx, 16th floor, Xxxxx 0000, Xxx Xxxx, Xxx Xxxx 00000, Attention: Corporate Trust Administration, Fax 000-000-0000; Email: XxxxxxxXxxxxxxxxxxxxx-XxxxxxxxxXxxxx@xxxxxxxxx.xxx and XXXX0@xxxxxxxxx.xxxDepartment. The Trustee, by notice to the CompanyIssuer, may designate additional or different addresses or delivery methods for subsequent notices or communications. Any notice or communication mailed to a Holder Noteholder shall be mailed to it by first class mail, postage prepaid, at its such Noteholder’s address as it appears on the Note Register and shall be sufficiently given to it such Noteholder if so mailed within the time prescribed; provided that notices given to Holders of any Global Note may be given through the facilities of the Depositary therefor (and notice provided in such manner will be deemed to be “written” notice and to satisfy any requirement in this Indenture or the Notes to “mail” notice to the applicable Holder). Failure to mail a notice or communication to a Holder Noteholder or any defect in it shall not affect its sufficiency with respect to other HoldersNoteholders. If a notice or communication is mailed in the manner provided above, it is duly given, whether or not the addressee receives it. In case by reason of the suspension of regular mail service or by reason of any other cause it shall be impracticable to give such notice to Holders by mail, then such notification as shall be made with the approval of the Trustee shall constitute a sufficient notification for every purpose hereunder.

Appears in 1 contract

Samples: Indenture (Istar Financial Inc)

Addresses for Notices, Etc. Any notice or demand that which by any provision of this Indenture is required or permitted to be given or served by the Trustee or by the Holders of Notes on the Company or the Guarantor shall be in writing and shall be deemed to have been sufficiently given or made, for all purposes purposes, if given or served by being deposited postage prepaid by registered or certified mail in a post office letter box addressed (until another address is filed by the Company with the Trustee) to Encore Capital Group, Inc., 0000 Xxxxxx Xxx Xxx Xxxxx, Xxxxx 000, Xxx Xxxxx, Xxxxxxxxxx 00000, Attention: General Counselbox, or sent electronically in PDF format. All notices to the Trustee in its capacity as Trusteeby overnight courier, Paying Agent or Conversion Agent under this Agreement shall be mailed, first class, postage prepaid, personally delivered or sent via facsimile or electronic (email) by telecopier transmission (with a portable document format or similar attachment) to the Trusteeaddressed as follows: To Company: GLG Partners, MUFG Union Bank, N.A., 1251 Avenue of the XxxxxxxxInc. 000 Xxxx Xxxxxx, 00xx Xxxxx, Xxxxx Xxx Xxxx, Xxx Xxxx 00000, Attention00000 Telecopier No.: Corporate Trust Administration, Fax 000-000-0000; Email0000 Attention: XxxxxxxXxxxxxxxxxxxxx-XxxxxxxxxXxxxx@xxxxxxxxx.xxx and XXXX0@xxxxxxxxx.xxx. General Counsel Any notice, direction, request or demand hereunder to or upon the Trustee shall be deemed to have been sufficiently given or made, for all purposes, if given or served by being deposited, postage prepaid, by registered or certified mail in a post office letter box, or sent by overnight courier, or sent by telecopier transmission addressed as follows: The Bank of New York Mellon 000 Xxxxxxx Xxxxxx New York, New York 10286 Telecopier No.: (000) 000-0000 Attention: Global Corporate Trust Services with a copy to: The Bank of New York Mellon One Canada Square Xxxxxx X00 0XX Xxxxxx Xxxxxxx Attention: Global Corporate Trust Telecopier No.: (011) 00-000 000-0000 The Trustee, by notice to the Company, may designate additional or different addresses or delivery methods for subsequent notices or communications. Any notice or communication mailed to a Holder Noteholder shall be mailed to it by first class mail, postage prepaid, at its such Noteholder’s address as it appears on the Note Register and shall be sufficiently given to it such Noteholder if so mailed within the time prescribed; provided that notices given to Holders of any Global Note may be given through the facilities of the Depositary therefor (and notice provided in such manner will be deemed to be “written” notice and to satisfy any requirement in this Indenture or the Notes to “mail” notice to the applicable Holder). Failure to mail a notice or communication to a Holder Noteholder or any defect in it shall not affect its sufficiency with respect to other HoldersNoteholders. If a notice or communication is mailed in the manner provided above, it is duly given, whether or not the addressee receives it. In case by reason of the suspension of regular mail service or by reason of any other cause it shall be impracticable to give such notice to Holders by mail, then such notification as shall be made with the approval of the Trustee shall constitute a sufficient notification for every purpose hereunder.

Appears in 1 contract

Samples: Indenture (GLG Partners, Inc.)

Addresses for Notices, Etc. Any notice or demand that by any provision of this Indenture is required or permitted to be given or served by the Trustee or by the Holders on the Company or the Guarantor shall be deemed to have been sufficiently given or made, for all purposes if given or served by being deposited postage prepaid by registered or certified mail in a post office letter box addressed (until another address is filed by the Company with the Trustee) to Encore Capital Group, Inc., 0000 000 Xxxxxx Xxx Xxx xx xx Xxxxx, Xxxxx 000, Xxx Xxxxx, Xxxxxxxxxx 00000, Attention: General Counsel, or sent electronically in PDF format. All notices to the Trustee in its capacity as Trustee, Paying Agent or Conversion Agent under this Agreement shall be mailed, first class, postage prepaid, personally delivered or sent via facsimile or electronic (email) transmission (with a portable document format or similar attachment) to the Trustee, MUFG Union Truist Bank, N.A.2713 Forest Hills Road, 1251 Avenue of the XxxxxxxxBuilding 2 - Floor 2, 00xx XxxxxWilson, Xxx Xxxx, Xxx Xxxx 00000North Carolina 27893, Attention: Corporate Trust AdministrationEncore Capital Group – Client Manager – Xxxxxxx Xxxxxxxx, Fax Fax: (000-) 000-0000; Email: XxxxxxxXxxxxxxxxxxxxx-XxxxxxxxxXxxxx@xxxxxxxxx.xxx and XXXX0@xxxxxxxxx.xxxxxxxxxx.xxxxxxxx@xxxxxx.xxx. The Trustee, by notice to the Company, may designate additional or different addresses or delivery methods for subsequent notices or communications. Any notice or communication mailed to a Holder shall be mailed to it by first class mail, postage prepaid, at its address as it appears on the Note Register and shall be sufficiently given to it if so mailed within the time prescribed; provided that notices given to Holders of any Global Note may be given through the facilities of the Depositary therefor (and notice provided in such manner will be deemed to be “written” notice and to satisfy any requirement in this Indenture or the Notes to “mail” notice to the applicable Holder). Failure to mail a notice or communication to a Holder or any defect in it shall not affect its sufficiency with respect to other Holders. If a notice or communication is mailed in the manner provided above, it is duly given, whether or not the addressee receives it. In case by reason of the suspension of regular mail service or by reason of any other cause it shall be impracticable to give such notice to Holders by mail, then such notification as shall be made with the approval of the Trustee shall constitute a sufficient notification for every purpose hereunder.

Appears in 1 contract

Samples: Encore Capital Group Inc

Addresses for Notices, Etc. Any notice notice, request or demand that by any provision of this Indenture Agreement is required or permitted to be given or served by the Trustee Representative or by the Holders on the Company or the Guarantor Guarantors, if any, shall be deemed to have been sufficiently given or made, for all purposes upon actual receipt if given or served by being deposited postage prepaid by registered or certified mail in a post office letter box or reputable overnight courier, postage prepaid, or if by electronic mail, at such time as it is delivered to the addressee, addressed (until another address is filed by the Company with the TrusteeRepresentative) to Encore Capital GroupAppgate Cybersecurity, Inc., 0000 Xxxxxx Xxx Xxx 0 Xxxxxxxx Xxxxx, Xxxxx 000XX-0-X, Xxx Xxxxx Xxxxxx, Xxxxxxx 00000; Attention: Chief Financial Officer; Email: [intentionally omitted] with a copy (which shall not constitute notice) to Appgate Cybersecurity, Inc., 0 Xxxxxxxx Xxxxx, Xxxxxxxxxx Xxxxx XX-0-X, Xxxxx Xxxxxx, Xxxxxxx 00000, ; Attention: General Counsel; Email: [intentionally omitted]. Any notice, direction, request or sent electronically in PDF format. All notices demand hereunder to or upon the Trustee in its capacity as Trustee, Paying Representative or the Collateral Agent or Conversion Agent under this Agreement shall be maileddeemed to have been sufficiently given or made, first classfor all purposes, upon actual receipt if given or served by registered or certified mail or reputable overnight courier, postage prepaid, personally or if by electronic mail, at such time as it is delivered to the addressee, addressed (until another address is filed by the Representative or sent via facsimile or electronic (email) transmission (the Collateral Agent, as applicable, with a portable document format or similar attachmentthe Company) to the Trustee0 Xxxxxxxx Xxxxx XXX XX-0-X, MUFG Union BankXxxxx Xxxxxx, N.A., 1251 Avenue of the Xxxxxxxx, 00xx Xxxxx, Xxx Xxxx, Xxx Xxxx XX 00000, AttentionAttn: Corporate Trust AdministrationXxxxxx X. Xxxxxx ([intentionally omitted]), Fax 000-000-0000; Email: XxxxxxxXxxxxxxxxxxxxx-XxxxxxxxxXxxxx@xxxxxxxxx.xxx and XXXX0@xxxxxxxxx.xxxXxxx Xxxxxxx ([intentionally omitted]). The TrusteeRepresentative, by notice to the Company and the Collateral Agent, may designate additional or different addresses for subsequent notices or communications. The Company, by notice to the Representative and the Collateral Agent, may designate additional or different addresses for subsequent notices or communications. The Collateral Agent, by notice to the Representative and the Company, may designate additional or different addresses or delivery methods for subsequent notices or communications. Any notice or communication mailed to a Holder shall be mailed to it by first class mail, postage prepaid, at its address as it appears on the Note Register and shall be sufficiently given to it if so mailed within the time prescribed; provided that notices given to Holders of any Global Note may be given through the facilities of the Depositary therefor (and notice provided in such manner will be deemed to be “written” notice and to satisfy any requirement in this Indenture or the Notes to “mail” notice to the applicable Holder). Failure to mail a notice or communication to a Holder or any defect in it shall not affect its sufficiency with respect to other Holders. If a notice or communication is mailed in the manner provided above, it is duly given, whether or not the addressee receives it. In case by reason of the suspension of regular mail service or by reason of any other cause it shall be impracticable to give such notice to Holders by mail, then such notification as shall be made with the approval of the Trustee shall constitute a sufficient notification for every purpose hereunder.

Appears in 1 contract

Samples: Supplemental Agreement (Appgate, Inc.)

Addresses for Notices, Etc. Any notice or demand that which by any provision of this Indenture is required or permitted to be given or served by the Trustee or by the Holders of Notes on the Company Issuer or the Guarantor shall be in writing and shall be deemed to have been sufficiently given or made, for all purposes purposes, if given or served by being deposited postage prepaid by registered or certified mail in a post office letter box addressed (until another address is filed by the Company with the Trustee) to Encore Capital Group, Inc., 0000 Xxxxxx Xxx Xxx Xxxxx, Xxxxx 000, Xxx Xxxxx, Xxxxxxxxxx 00000, Attention: General Counselbox, or sent electronically in PDF format. All notices by overnight courier, or hand delivered, or sent by telecopier transmission addressed as follows: To Issuer: Xxxxxx Realty, L.P. 00000 Xxxx Xxxxxxx Xxxxxxxxx, Xxxxx 000 Xxx Xxxxxxx, Xxxxxxxxxx 00000 Telecopier No.: (000) 000-0000 Attention: Chief Financial Officer To Guarantor: Xxxxxx Realty Corporation 00000 Xxxx Xxxxxxx Xxxxxxxxx, Xxxxx 000 Xxx Xxxxxxx, Xxxxxxxxxx 00000 Telecopier No.: (000) 000-0000 Attention: Chief Financial Officer Any notice, direction, request or demand hereunder to or upon the Trustee in its capacity as Trustee, Paying Agent or Conversion Agent under this Agreement shall be mailedin writing and shall be deemed to have been sufficiently given or made, first classfor all purposes, when received after being given or served by being deposited, postage prepaid, personally delivered by registered or certified mail in a post office letter box, or sent via by overnight courier, or hand delivered, or sent by facsimile or electronic (email) transmission (with a portable document format or similar attachment) to the Trustee, MUFG Union Bank, N.A., 1251 Avenue of the Xxxxxxxxaddressed as follows: U.S. Bank National Association 000 Xxxx Xxxxx Xxxxxx, 00xx XxxxxXxxxx Xxx Xxxxxxx, Xxx Xxxx, Xxx Xxxx 00000, Xxxxxxxxxx 00000 Attention: Corporate Trust AdministrationServices (Xxxxxx Realty, Fax L.P. 6.625% Senior Notes due 2020) Facsimile No.: (000) 000-000-0000; Email: XxxxxxxXxxxxxxxxxxxxx-XxxxxxxxxXxxxx@xxxxxxxxx.xxx and XXXX0@xxxxxxxxx.xxx. 0000 The Trustee, by notice to the CompanyIssuer, may designate additional or different addresses or delivery methods for subsequent notices or communications. Any notice or communication mailed to a Holder Noteholder shall be mailed to it by first class mail, postage prepaid, at its such Noteholder’s address as it appears on the Note Register and shall be sufficiently given to it such Noteholder if so mailed within the time prescribed; provided that notices given or communications made to Holders of any Global Note a beneficial holder may be given through the facilities of the Depositary therefor (and notice provided in such manner will be deemed to be “written” notice and to satisfy any requirement in this Indenture or accordance with the Notes to “mail” notice to the applicable Holder)Depositary’s customary procedures. Failure to mail a notice or communication to a Holder Noteholder or any defect in it shall not affect its sufficiency with respect to other HoldersNoteholders. If a notice or communication is mailed or given in the manner provided above, it is duly given, whether or not the addressee receives it. In case by reason of the suspension of regular mail service or by reason of any other cause it shall be impracticable to give such notice to Holders by mail, then such notification as shall be made with the approval of the Trustee shall constitute a sufficient notification for every purpose hereunder.

Appears in 1 contract

Samples: Indenture (Kilroy Realty Corp)

Addresses for Notices, Etc. Any notice or demand that which by any provision of this Indenture is required or permitted to be given or served by the Trustee or by the Holders of Notes on the Company Issuer or the Guarantor shall be in writing and shall be deemed to have been sufficiently given or made, for all purposes purposes, if given or served by being deposited postage prepaid by registered or certified mail in a post office letter box box, or sent by overnight courier, or sent by telecopier transmission addressed (until another address is filed by the Company with the Trustee) to Encore Capital Groupas follows: To Issuer: American Residential Properties OP, Inc., L.P. 0000 Xxxxxx Xxx Xxx XxxxxXxxx Xxxxxxxx Xxxxxxx, Xxxxx 000 Xxxxxxxxxx, Xxxxxxx 00000 Telecopier No.: (000, Xxx Xxxxx, Xxxxxxxxxx 00000, ) 000-0000 Attention: General CounselPartner To Guarantor: American Residential Properties, Inc. 0000 Xxxx Xxxxxxxx Xxxxxxx, Xxxxx 000 Xxxxxxxxxx, Xxxxxxx 00000 Telecopier No.: (000) 000-0000 Attention: Xxxxx Xxxxxxxxxx Any notice, direction, request or sent electronically in PDF format. All notices demand hereunder to or upon the Trustee in its capacity as Trustee, Paying Agent or Conversion Agent under this Agreement shall be maileddeemed to have been sufficiently given or made, first classfor all purposes, when received after being given or served by being deposited, postage prepaid, personally delivered by registered or certified mail in a post office letter box, or sent via by overnight courier, or sent by facsimile or electronic (email) transmission (with a portable document format or similar attachment) to the Trusteeaddressed as follows: U.S. Bank National Association Global Corporate Trust Services 000 Xxxxx Xxxxx Xxxxxx, MUFG Union BankXxxxx 0000 Xxxxxxx, N.A., 1251 Avenue of the Xxxxxxxx, 00xx Xxxxx, Xxx Xxxx, Xxx Xxxx 00000, Xxxxxxx 00000 Attention: Corporate Trust Administration, Fax Xxxx Xxxxxx-Xxxxx Facsimile No.: (000) 000-000-0000; Email: XxxxxxxXxxxxxxxxxxxxx-XxxxxxxxxXxxxx@xxxxxxxxx.xxx and XXXX0@xxxxxxxxx.xxx. 0000 The Trustee, by notice to the CompanyIssuer, may designate additional or different addresses or delivery methods for subsequent notices or communications. Any Notwithstanding anything to the contrary in this Indenture, any notice or communication mailed to a Holder Noteholder shall be mailed to it by first class mail, postage prepaid, at its address as it appears on the Note Register and shall be sufficiently given to it if so mailed within the time prescribed; provided that notices given to Holders of any Global Note may be given through the facilities of the Depositary therefor (and notice provided in such manner will accordance with the Depositary’s customary procedures; provided, however, that notices to holders holding certificated Notes shall be deemed to be “written” notice and to satisfy any requirement in this Indenture or the Notes to “mail” notice given by mail to the applicable Holder)addresses of such Holders as they appear in the Note Register. Failure to mail a notice or communication to a Holder Noteholder or any defect in it shall not affect its sufficiency with respect to other HoldersNoteholders. If a notice or communication is mailed or given in the manner provided above, it is duly given, whether or not the addressee receives it. In case by reason of the suspension of regular mail service or by reason of any other cause it shall be impracticable to give such notice to Holders by mail, then such notification as shall be made with the approval of the Trustee shall constitute a sufficient notification for every purpose hereunder.

Appears in 1 contract

Samples: Indenture (American Residential Properties, Inc.)

Addresses for Notices, Etc. Any notice or demand that which by any provision of this Indenture is required or permitted to be given or served by the Trustee or by the Holders of Debentures on the Company Issuer or the Guarantor shall be in writing and shall be deemed to have been sufficiently given or made, for all purposes purposes, if given or served by being deposited postage prepaid by registered or certified mail in a post office letter box box, or sent by overnight courier, or sent by telecopier transmission addressed (until another address is filed by the Company with the Trustee) to Encore Capital Groupas follows: To Issuer: Digital Realty Trust, Inc., 0000 Xxxxxx Xxx Xxx XxxxxL.P. 000 Xxxxxxx Xxxxxx, Xxxxx 000, 0000 Xxx XxxxxXxxxxxxxx, Xxxxxxxxxx 00000, 00000 Telecopier No.: (000) 000-0000 Attention: General CounselCounsel To Guarantor: Digital Realty Trust, Inc. 000 Xxxxxxx Xxxxxx, Xxxxx 0000 Xxx Xxxxxxxxx, Xxxxxxxxxx 00000 Telecopier No.: (000) 000-0000 Attention: General Counsel Any notice, direction, request or sent electronically in PDF format. All notices demand hereunder to or upon the Trustee in its capacity as Trustee, Paying Agent or Conversion Agent under this Agreement shall be maileddeemed to have been sufficiently given or made, first classfor all purposes, if given or served by being deposited, postage prepaid, personally delivered by registered or certified mail in a post office letter box, or sent via facsimile by overnight courier, or electronic (email) sent by telecopier transmission (with a portable document format or similar attachment) to the Trustee, MUFG Union addressed as follows: Xxxxx Fargo Bank, N.A., 1251 Avenue of the XxxxxxxxNational Association 000 Xxxxxxxx Xxxx., 00xx XxxxxXxxxx Xxx Xxxxxxx, Xxx Xxxx, Xxx Xxxx 00000, XX 00000 Telecopier No.: (000) 000-0000 Attention: Corporate Trust Administration, Fax 000-000-0000; Email: XxxxxxxXxxxxxxxxxxxxx-XxxxxxxxxXxxxx@xxxxxxxxx.xxx and XXXX0@xxxxxxxxx.xxx. Services The Trustee, by notice to the CompanyIssuer, may designate additional or different addresses or delivery methods for subsequent notices or communications. Any notice or communication mailed to a Holder Debentureholder shall be mailed to it by first class mail, postage prepaid, at its such Debentureholder’s address as it appears on the Note Debenture Register and shall be sufficiently given to it such Debentureholder if so mailed within the time prescribed; provided that notices given to Holders of any Global Note may be given through the facilities of the Depositary therefor (and notice provided in such manner will be deemed to be “written” notice and to satisfy any requirement in this Indenture or the Notes to “mail” notice to the applicable Holder). Failure to mail a notice or communication to a Holder Debentureholder or any defect in it shall not affect its sufficiency with respect to other HoldersDebentureholders. If a notice or communication is mailed in the manner provided above, it is duly given, whether or not the addressee receives it. In case by reason of the suspension of regular mail service or by reason of any other cause it shall be impracticable to give such notice to Holders by mail, then such notification as shall be made with the approval of the Trustee shall constitute a sufficient notification for every purpose hereunder.

Appears in 1 contract

Samples: Indenture (Digital Realty Trust, Inc.)

Addresses for Notices, Etc. Any notice or demand that by any provision of this Indenture is required or permitted to be given or served by the Trustee or by the Holders on the Company or the Guarantor shall be in writing (including facsimile and electronic mail in PDF format) and shall be deemed to have been sufficiently given or made, for all purposes if given or served by being deposited postage prepaid by registered or certified mail in a post office letter box addressed (until another address is filed furnished by the Company with to the Trustee) to Encore Capital Group, Inc., 0000 Xxxxxx Xxx to: Royal Caribbean Cruises Ltd. 1000 Xxxxxxxxx Xxx Xxxxx, Xxxxx 000Xxxxxxx 00000 Attn: Jxxxx X. Liberty, Executive Vice President and Chief Financial Officer Axxxx X. Xxxxxx, Vice President and Treasurer with a copy to: Royal Caribbean Cruises Ltd. 1000 Xxxxxxxxx Xxx Xxxxx, Xxxxxxxxxx 00000, AttentionXxxxxxx 00000 Attn: General CounselCounsel Any notice, direction, request or sent electronically demand hereunder to or upon the Trustee shall be in writing (including facsimile and electronic mail in PDF format. All notices ) and shall be deemed to have been sufficiently given or made, for all purposes if given or served by being deposited postage prepaid by registered or certified mail in a post office letter box addressed (until another address is furnished by the Trustee to the Trustee in its capacity as TrusteeCompany) to: The Bank of New York Mellon Trust Company, Paying Agent or Conversion Agent under this Agreement shall be mailed, first class, postage prepaid, personally delivered or sent via facsimile or electronic (email) transmission (with a portable document format or similar attachment) to the Trustee, MUFG Union Bank, N.A., 1251 Avenue of the Xxxxxxxx, 00xx N.A. 10000 Xxxxxxxxx Xxxxxxx Xxxxx, Xxx Xxxx0xx Xxxxx Xxxxxxxxxxxx, Xxx Xxxx 00000, AttentionXxxxxxx 00000 Attn: Corporate Trust Administration, Fax 000-000-0000; Email: XxxxxxxXxxxxxxxxxxxxx-XxxxxxxxxXxxxx@xxxxxxxxx.xxx and XXXX0@xxxxxxxxx.xxx. Administration The Trustee, by notice to the Company, may designate additional or different addresses or delivery methods for subsequent notices or communications. Any notice or communication mailed delivered or to be delivered to a Holder of Certificated Notes shall be mailed to it by first class mail, postage prepaid, at its address as it appears on the Note Register (or sent electronically in PDF format to the e-mail address of such Holder, if any, specified on the Note Register) and shall be sufficiently given to it if so mailed (or sent, in the case of an electronic transmission) within the time prescribed; provided that notices given . Any notice or communication delivered or to Holders be delivered to a Holder of any Global Note may Notes shall be given through delivered in accordance with the facilities Applicable Procedures of the Depositary therefor (and notice provided in such manner will shall be deemed sufficiently given to be “written” notice and to satisfy any requirement in this Indenture or it if so delivered within the Notes to “mail” notice to the applicable Holder)time prescribed. Failure to mail send a notice or communication to a Holder or any defect in it shall not affect its sufficiency with respect to other Holders. If a notice or communication is mailed sent in the manner provided above, it is duly given, whether or not the addressee receives it. In case by reason of the suspension of regular mail service or by reason of any other cause it shall be impracticable to give such notice to Holders by mailmail (or electronically in PDF format), then such notification as shall be made with the approval of the Trustee shall constitute a sufficient notification for every purpose hereunder. In addition to the foregoing, the Trustee agrees to accept and act upon notice, instructions or directions pursuant to this Indenture sent by unsecured e-mail, pdf, facsimile transmission or other similar unsecured electronic methods, provided that any communication sent to the Trustee hereunder must be in the form of a document that is signed manually or by way of a digital signature provided by DocuSign (or such other digital signature provider as specified in writing to Trustee by the authorized representative). If the party elects to give the Trustee e-mail or facsimile instructions (or instructions by a similar electronic method) and the Trustee in its discretion elects to act upon such instructions, the Trustee’s understanding of such instructions shall be deemed controlling. The Trustee shall not be liable for any losses, costs or expenses arising directly or indirectly from the Trustee’s reliance upon and compliance with such instructions notwithstanding such instructions conflict or are inconsistent with a subsequent written instruction. The party providing electronic instructions agrees to assume all risks arising out of the use of such electronic methods to submit instructions and directions to the Trustee, including without limitation the risk of the Trustee acting on unauthorized instructions, and the risk or interception and misuse by third parties.

Appears in 1 contract

Samples: Indenture (Royal Caribbean Cruises LTD)

Addresses for Notices, Etc. Any notice or demand that by any provision of this Indenture is required or permitted to be given or served by the Trustee or by the Holders on the Company or the Guarantor shall be deemed to have been sufficiently given or made, for all purposes if given or served by being delivered in person, transmitted by facsimile, sent via electronic mail (with portable document format attached) or deposited postage prepaid by registered or certified mail in a post office letter box addressed (until another address is filed by the Company with the Trustee) to: Xxxxx Solar Limited No. 2 Xxxx Xx Road Electronics Park, New District Changzhou, Jiangsu 213031 People’s Republic of China Attention: Xxxxxx Xxx, Chief Financial Officer E-mail: xxxxxx.xxx@xxxxxxxxxx.xxx Facsimile: +00 (000) 0000-0000 Any notice, direction, request or demand hereunder to Encore Capital Groupor upon the Trustee shall be given or served in person, Inc.transmitted by facsimile, 0000 Xxxxxx Xxx Xxx Xxxxxsent via electronic mail (with portable document format attached) or deposited postage prepaid by registered or certified mail in a post office letter box addressed to the Corporate Trust Office with a copy to: Wilmington Trust, National Association, as Trustee 00 Xxxxx Xxxxx Xxxxxx, Xxxxx 0000000 Xxxxxxxxxxx, Xxx Xxxxx, Xxxxxxxxxx 00000, Xxxxxxxxx 00000 Attention: General Counsel, or sent electronically in PDF format. Xxxxx Solar Facsimile: (000) 000-0000 All notices and other communications under this Indenture shall be in writing in English. So long as and to the Trustee extent that the Notes are represented by Global Notes and such Global Notes are held by the Depositary, notices to owners of beneficial interests in its capacity as Trustee, Paying Agent or Conversion Agent under this Agreement shall the Global Notes may be mailed, first class, postage prepaid, personally delivered or sent via given by delivery of the relevant notice to the Depositary by facsimile or electronic (email) transmission mail (with a portable document format or similar attachmentattached) for communication by it to the Trustee, MUFG Union Bank, N.A., 1251 Avenue of the Xxxxxxxx, 00xx Xxxxx, Xxx Xxxx, Xxx Xxxx 00000, Attention: Corporate Trust Administration, Fax 000-000-0000; Email: XxxxxxxXxxxxxxxxxxxxx-XxxxxxxxxXxxxx@xxxxxxxxx.xxx and XXXX0@xxxxxxxxx.xxxentitled account holders. The Trustee, by notice to the Company, may designate additional or different addresses or delivery methods for subsequent notices or communications. Any notice or communication mailed to a Holder shall be mailed to it by first class mail, postage prepaid, at its address as it appears on the Note Register and shall be sufficiently given to it if so mailed within the time prescribed; provided that notices given to Holders of any Global Note may be given through the facilities of the Depositary therefor (and notice provided in such manner will be deemed to be “written” notice and to satisfy any requirement in this Indenture or the Notes to “mail” notice to the applicable Holder). Failure to mail a notice or communication to a Holder or any defect in it shall not affect its sufficiency with respect to other Holders. If a notice or communication is mailed in the manner provided above, it is duly given, whether or not the addressee receives it. In case by reason of the suspension of regular mail service or by reason of any other cause it shall be impracticable to give such notice to Holders by mail, then such notification as shall be made with the approval of the Trustee shall constitute a sufficient notification for every purpose hereunder.

Appears in 1 contract

Samples: Indenture (Trina Solar LTD)

Addresses for Notices, Etc. Any notice notice, request or demand that by any provision of this Indenture Agreement is required or permitted to be given or served by the Trustee Representative or by the Holders on the Company or the Guarantor Guarantors, if any, shall be deemed to have been sufficiently given or made, for all purposes upon actual receipt if given or served by being deposited postage prepaid by registered or certified mail in a post office letter box or reputable overnight courier, postage prepaid, or if by electronic mail, at such time as it is delivered to the addressee, addressed (until another address is filed by the Company with the TrusteeRepresentative) to Encore Capital GroupAppgate Cybersecurity, Inc., 0 Xxxxxxxx Xxxxx, Xxxxx XX-0-X, Xxxxx Xxxxxx, Xxxxxxx 00000; Attention: Chief Financial Officer; Email: with a copy (which shall not constitute notice) to Appgate Cybersecurity, Inc., 0 Xxxxxxxx Xxxxx, Xxxxx XX-0-X, Xxxxx Xxxxxx, Xxxxxxx 00000; Attention: General Counsel; Email: . Any notice, direction, request or demand hereunder to or upon the Representative shall be deemed to have been sufficiently given or made, for all purposes, upon actual receipt if given or served by registered or certified mail or reputable overnight courier, postage prepaid, or if by electronic mail, at such time as it is delivered to the addressee, addressed (until another address is filed by the Representative with the Company) to c/o Magnetar Financial LLC, 0000 Xxxxxx Xxx Xxx Xxxxxxxxx Xxxxxx, 00xx Xxxxx, Xxxxxxxx, Xxxxxxxx 00000; Email: . Any notice, direction, request or demand hereunder to or upon the Collateral Agent shall be deemed to have been sufficiently given or made, for all purposes, upon actual receipt addressed (until another address is filed by the Collateral Agent with the Company) to U.S. Bank Trust Company, National Association, 000 Xxxx Xxxxxx, Xxxxx 000, Xxx XxxxxXxxx, Xxxxxxxxxx XX 00000, AttentionAttn: General CounselXxxxx Xxxx, or sent electronically in PDF format. All notices .pdf format to the Trustee in its capacity as Trustee, Paying Collateral Agent or Conversion Agent under this Agreement shall be mailed, first class, postage prepaid, personally delivered or sent via facsimile or electronic (email) transmission (with a portable document format or similar attachment) to the Trustee, MUFG Union Bank, N.A., 1251 Avenue of the Xxxxxxxx, 00xx Xxxxx, Xxx Xxxx, Xxx Xxxx 00000, Attention: Corporate Trust Administration, Fax 000-000-0000; Email: XxxxxxxXxxxxxxxxxxxxx-XxxxxxxxxXxxxx@xxxxxxxxx.xxx and XXXX0@xxxxxxxxx.xxxat . The TrusteeRepresentative, by notice to the CompanyCompany and the Collateral Agent, may designate additional or different addresses or delivery methods for subsequent notices or communications. Any notice or communication mailed to a Holder shall be mailed to it The Company, by first class mail, postage prepaid, at its address as it appears on the Note Register and shall be sufficiently given to it if so mailed within the time prescribed; provided that notices given to Holders of any Global Note may be given through the facilities of the Depositary therefor (and notice provided in such manner will be deemed to be “written” notice and to satisfy any requirement in this Indenture or the Notes to “mail” notice to the applicable Holder)Representative and the Collateral Agent, may designate additional or different addresses for subsequent notices or communications. 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 aboveThe Collateral Agent, it is duly given, whether or not the addressee receives it. In case by reason of the suspension of regular mail service or by reason of any other cause it shall be impracticable to give such notice to Holders by mail, then such notification as shall be made with the approval of the Trustee shall constitute a sufficient notification for every purpose hereunder.notice

Appears in 1 contract

Samples: Note Issuance Agreement (Appgate, Inc.)

Addresses for Notices, Etc. Any notice notice, request or demand that by any provision of this Indenture Agreement is required or permitted to be given or served by the Trustee Representative or by the Holders on the Company or the Guarantor Guarantors, if any, shall be deemed to have been sufficiently given or made, for all purposes upon actual receipt if given or served by being deposited postage prepaid by registered or certified mail in a post office letter box or reputable overnight courier, postage prepaid, addressed (until another address is filed by the Company with the TrusteeRepresentative) to Encore Capital GroupCyxtera Cybersecurity, Inc.Inc. d/b/a Appgate, 0000 Xxxxxx Xxx Xxx XxxxxXxxxx Xx Xxxx Blvd., Suite 900, Coral Gables, Florida 33134; Attention: Chief Financial Officer with a copy (which shall not constitute notice) to Cyxtera Cybersecurity, Inc. d/b/a Appgate, 0000 Xxxxx 000Xx Xxxx Blvd., Xxx XxxxxSuite 900, Xxxxxxxxxx 00000Coral Gables, Florida 33134; Attention: General Counsel. Any notice, direction, request or sent electronically in PDF format. All notices demand hereunder to or upon the Trustee in its capacity as Trustee, Paying Agent or Conversion Agent under this Agreement Representative shall be maileddeemed to have been sufficiently given or made, first classfor all purposes, upon actual receipt if given or served by registered or certified mail or reputable overnight courier, postage prepaid, personally delivered or sent via facsimile or electronic addressed (email) transmission (until another address is filed by the Representative with a portable document format or similar attachmentthe Company) to the Trusteec/o Magnetar Financial LLC, MUFG Union Bank, N.A., 1251 Avenue of the Xxxxxxxx0000 Xxxxxxxxx Xxxxxx, 00xx Xxxxx, Xxx XxxxXxxxxxxx, Xxx Xxxx Xxxxxxxx 00000, Attention: Corporate Trust Administration, Fax 000-000-0000; Email: XxxxxxxXxxxxxxxxxxxxx-XxxxxxxxxXxxxx@xxxxxxxxx.xxx and XXXX0@xxxxxxxxx.xxx. The TrusteeRepresentative, by notice to the Company, may designate additional or different addresses or delivery methods for subsequent notices or communications. Any notice or communication mailed delivered or to be delivered to a Holder of Physical Notes shall be mailed to it by first class mail, postage prepaid, at its address as it appears on the Note Register and shall be sufficiently given to it if so mailed sent within the time prescribed; provided that notices given to Holders of any Global Note may be given through the facilities of the Depositary therefor (and notice provided in such manner will be deemed to be “written” notice and to satisfy any requirement in this Indenture or the Notes to “mail” notice to the applicable Holder). Failure to mail a notice or communication to a Holder or any defect in it shall not affect its sufficiency with respect to other Holders. If a notice or communication is mailed in the manner provided above, it is duly given, whether or not the addressee receives it. In case by reason of the suspension of regular mail service or by reason of any other cause it shall be impracticable to give such notice to Holders by mailas provided above, then such notification as shall be made with the approval of the Trustee Representative shall constitute a sufficient notification for every purpose hereunder. If it is impossible or, in the opinion of the Representative, impracticable to give any notice by publication in the manner herein required, then such publication in lieu thereof as shall be made with the approval of the Representative shall constitute a sufficient publication of such notice.

Appears in 1 contract

Samples: Note Issuance Agreement (Appgate, Inc.)

Addresses for Notices, Etc. Any notice or demand that by any provision of this Indenture is as required or permitted to be given or served by the Trustee or by the Holders on the Company or the Guarantor shall be deemed to have been sufficiently given or made, for all purposes if given or served by being deposited postage prepaid by registered or certified mail in a post office letter box addressed (until another address is filed by the Company with the Trustee) to Encore Capital Group, Inc.Nevro Corp., 0000 Xxxxxx Xxx Xxx XxxxxXxxxxxx, Xxxxx 000Xxxxxxx Xxxx, Xxx Xxxxx, Xxxxxxxxxx XX 00000, Attention: Xxxxxx Xxxxxxxx, cc: Xxxx Xxxx, General Counsel, with a copy, which shall not constitute notice, to Xxxxxx & Xxxxxxx LLP, 000 Xxxxx Xxxxx, Menlo Park, CA 94025 (fax: (000) 000-0000), Attention: Xxxxx Xxxxx and 000 Xxxxx Xxxxxx Xxx Xxxx, XX 00000 (fax: (000) 000-0000) Attention: Xxxx Xxxxxxx. Any notice, direction, request or demand hereunder to or upon the Trustee shall be deemed to have been sufficiently given or made, for all purposes, if given or served by being deposited postage prepaid by registered or certified mail in a post office letter box addressed to the Corporate Trust Office or sent electronically in PDF or any other widely used electronic format. All notices The Trustee will not be deemed to the Trustee in its capacity as Trustee, Paying Agent or Conversion Agent under this Agreement shall be mailed, first class, postage prepaid, personally delivered or sent via facsimile or electronic (email) transmission (with a portable document format or similar attachment) to the Trustee, MUFG Union Bank, N.A., 1251 Avenue have any knowledge of the Xxxxxxxx, 00xx Xxxxx, Xxx Xxxx, Xxx Xxxx 00000, Attention: Corporate Trust Administration, Fax 000-000-0000; Email: XxxxxxxXxxxxxxxxxxxxx-XxxxxxxxxXxxxx@xxxxxxxxx.xxx and XXXX0@xxxxxxxxx.xxxcontents of any notice not actually received by it. The TrusteeTrustee and the Company, by notice to the Companyother, may designate additional or different addresses or delivery methods for subsequent notices or communications. The Trustee agrees to accept and act upon instructions or directions pursuant to this Indenture sent by unsecured e-mail, PDF, facsimile transmission or other similar unsecured electronic methods, provided, however, that the Trustee shall have received an incumbency certificate listing persons designated to give such instructions or directions and containing specimen signatures of such designated persons, which such incumbency certificate shall be amended and replaced whenever a person is to be added or deleted from the listing. If the Company elects to give the Trustee e-mail or facsimile instructions (or instructions by a similar electronic method) and the Trustee in its discretion elects to act upon such instructions, the Trustee’s understanding of such instructions shall be deemed controlling. The Trustee shall not be liable for any losses, costs or expenses arising directly or indirectly from the Trustee’s reliance upon and compliance with such instructions notwithstanding such instructions conflict or are inconsistent with a subsequent written instruction. The Company agrees to assume all risks arising out of the use of such electronic methods to submit instructions and directions to the Trustee, including without limitation the risk of the Trustee acting on unauthorized instructions, and the risk or interception and misuse by third parties. Any notice or communication mailed to a Holder shall be mailed to it by first class mail, postage prepaid, at its address as it appears on the Note Register and shall be sufficiently given to it if so mailed within the time prescribed; provided that notices given to Holders of any Global Note Notes may be given through the facilities of the Depositary therefor (and notice provided in such manner will be deemed to be “written” notice and to satisfy any requirement in this Indenture or the Notes to “mail” notice Depositary, notwithstanding anything herein to the applicable Holder)contrary. Failure to mail send a notice or communication to a Holder or any defect in it shall not affect its sufficiency with respect to other Holders. If a notice or communication is mailed sent in the manner provided above, it is duly given, whether or not the addressee receives it. In case by reason of the suspension of regular mail service or by reason of any other cause it shall be impracticable to give such notice to Holders by mail, then such notification as shall be made with the approval of the Trustee shall constitute a sufficient notification for every purpose hereunder. Notwithstanding anything to the contrary in this Indenture or the Notes, whenever any provision of this Indenture requires a party to send notice to another party, no such notice need be sent if the sending party and the recipient are the same person acting in different capacities.

Appears in 1 contract

Samples: First Supplemental Indenture (Nevro Corp)

Addresses for Notices, Etc. Any notice or demand that by any provision of this Indenture is as required or permitted to be given or served by the Trustee or by the Holders on the Company or the Guarantor shall be deemed to have been sufficiently given or made, for all purposes if given or served by being deposited postage prepaid by registered or certified mail in a post office letter box addressed (until another address is filed by the Company with the Trustee) to Encore Capital GroupNevro Corp., Inc.1000 Xxxxxx Xxxxxxx, 0000 Xxxxxx Xxx Xxx XxxxxXxxxxxx Xxxx, Xxxxx 000, Xxx Xxxxx, Xxxxxxxxxx XX 00000, Attention: Axxxxx Xxxxxxxx, cc: Mxxx Xxxx, General Counsel, with a copy, which shall not constitute notice, to Lxxxxx & Wxxxxxx LLP, 100 Xxxxx Xxxxx, Menlo Park, CA 94025 (fax: (000) 000-0000), Attention: Bxxxx Xxxxx and 800 Xxxxx Xxxxxx Xxx Xxxx, XX 00000 (fax: (000) 000-0000) Attention: Gxxx Xxxxxxx. Any notice, direction, request or demand hereunder to or upon the Trustee shall be deemed to have been sufficiently given or made, for all purposes, if given or served by being deposited postage prepaid by registered or certified mail in a post office letter box addressed to the Corporate Trust Office or sent electronically in PDF or any other widely used electronic format. All notices The Trustee will not be deemed to the Trustee in its capacity as Trustee, Paying Agent or Conversion Agent under this Agreement shall be mailed, first class, postage prepaid, personally delivered or sent via facsimile or electronic (email) transmission (with a portable document format or similar attachment) to the Trustee, MUFG Union Bank, N.A., 1251 Avenue have any knowledge of the Xxxxxxxx, 00xx Xxxxx, Xxx Xxxx, Xxx Xxxx 00000, Attention: Corporate Trust Administration, Fax 000-000-0000; Email: XxxxxxxXxxxxxxxxxxxxx-XxxxxxxxxXxxxx@xxxxxxxxx.xxx and XXXX0@xxxxxxxxx.xxxcontents of any notice not actually received by it. The TrusteeTrustee and the Company, by notice to the Companyother, may designate additional or different addresses or delivery methods for subsequent notices or communications. The Trustee agrees to accept and act upon instructions or directions pursuant to this Indenture sent by unsecured e-mail, PDF, facsimile transmission or other similar unsecured electronic methods, provided, however, that the Trustee shall have received an incumbency certificate listing persons designated to give such instructions or directions and containing specimen signatures of such designated persons, which such incumbency certificate shall be amended and replaced whenever a person is to be added or deleted from the listing. If the Company elects to give the Trustee e-mail or facsimile instructions (or instructions by a similar electronic method) and the Trustee in its discretion elects to act upon such instructions, the Trustee’s understanding of such instructions shall be deemed controlling. The Trustee shall not be liable for any losses, costs or expenses arising directly or indirectly from the Trustee’s reliance upon and compliance with such instructions notwithstanding such instructions conflict or are inconsistent with a subsequent written instruction. The Company agrees to assume all risks arising out of the use of such electronic methods to submit instructions and directions to the Trustee, including without limitation the risk of the Trustee acting on unauthorized instructions, and the risk or interception and misuse by third parties. Any notice or communication mailed to a Holder shall be mailed to it by first class mail, postage prepaid, at its address as it appears on the Note Register and shall be sufficiently given to it if so mailed within the time prescribed; provided that notices given to Holders of any Global Note Notes may be given through the facilities of the Depositary therefor (and notice provided in such manner will be deemed to be “written” notice and to satisfy any requirement in this Indenture or the Notes to “mail” notice Depositary, notwithstanding anything herein to the applicable Holder)contrary. Failure to mail send a notice or communication to a Holder or any defect in it shall not affect its sufficiency with respect to other Holders. If a notice or communication is mailed sent in the manner provided above, it is duly given, whether or not the addressee receives it. In case by reason of the suspension of regular mail service or by reason of any other cause it shall be impracticable to give such notice to Holders by mail, then such notification as shall be made with the approval of the Trustee shall constitute a sufficient notification for every purpose hereunder. Notwithstanding anything to the contrary in this Indenture or the Notes, whenever any provision of this Indenture requires a party to send notice to another party, no such notice need be sent if the sending party and the recipient are the same person acting in different capacities.

Appears in 1 contract

Samples: Second Supplemental Indenture (Nevro Corp)

Addresses for Notices, Etc. Any notice or demand that which by any provision of this Indenture is required or permitted to be given or served by the Trustee or by the Holders of Notes on the Company Issuer or the Guarantor Company shall be in writing and shall be deemed to have been sufficiently given or made, for all purposes purposes, if given or served by being deposited postage prepaid by registered or certified mail in a post office letter box box, or sent by overnight courier, or sent by telecopier transmission addressed (until another address is filed by as follows: To the Company with the Trustee) to Encore Capital GroupIssuer: XX Xxxxx Operating Partnership, Inc., 0000 L.P. 000 Xxxxxxxxx Xxxxxx Xxx Xxx XxxxxXxxx, Xxxxx XX 00000 Telecopier No.: (000, Xxx Xxxxx, Xxxxxxxxxx 00000, ) 000-0000 Attention: General CounselCounsel To the Guarantor: Reckson Operating Partnership, L.P. 000 Xxxxxxxxx Xxxxxx Xxx Xxxx, XX 00000 Telecopier No.: (000) 000-0000 Attention: General Counsel To the Company: XX Xxxxx Realty Corp. 000 Xxxxxxxxx Xxxxxx Xxx Xxxx, XX 00000 Telecopier No.: (000) 000-0000 Attention: General Counsel Any notice, direction, request or sent electronically in PDF format. All notices demand hereunder to or upon the Trustee in its capacity as Trustee, Paying Agent or Conversion Agent under this Agreement shall be maileddeemed to have been sufficiently given or made, first classfor all purposes, if given or served by being deposited, postage prepaid, personally delivered by registered or certified mail in a post office letter box, or sent via by overnight courier, or sent by facsimile or electronic (email) transmission (with a portable document format or similar attachment) to the Trusteeaddressed as follows: The Bank of New York Mellon, MUFG Union Bankas Trustee 000 Xxxxxxx Xxxxxx Floor 8W New York, N.A., 1251 Avenue of the Xxxxxxxx, 00xx Xxxxx, Xxx Xxxx, Xxx Xxxx 00000, NY 10286 Attention: Corporate Trust Administration, Fax Administration Facsimile No.: (000) 000-000-0000; Email: XxxxxxxXxxxxxxxxxxxxx-XxxxxxxxxXxxxx@xxxxxxxxx.xxx and XXXX0@xxxxxxxxx.xxx. 0000 The Trustee, by notice to the CompanyIssuer, may designate additional or different addresses or delivery methods for subsequent notices or communications. Any notice or communication mailed to a Holder Noteholder shall be mailed to it by first class mail, postage prepaid, at its such Noteholder’s address as it appears on the Note Register and shall be sufficiently given to it such Noteholder if so mailed within the time prescribed; provided that notices given to Holders of any Global Note may be given through the facilities of the Depositary therefor (and notice provided in such manner will be deemed to be “written” notice and to satisfy any requirement in this Indenture or the Notes to “mail” notice to the applicable Holder). Failure to mail a notice or communication to a Holder Noteholder or any defect in it shall not affect its sufficiency with respect to other HoldersNoteholders. If a notice or communication is mailed or given in the manner provided above, it is duly given, whether or not the addressee receives it. In case The Trustee agrees to accept and act upon instructions or directions pursuant to this Indenture sent by reason of unsecured e-mail, PDF, facsimile transmission or other similar unsecured electronic methods, provided, however, that the suspension of regular mail service or by reason of any other cause it Trustee shall be impracticable have received an incumbency certificate listing persons designated to give such notice to Holders by mailinstructions or directions and containing specimen signatures of such designated persons, then which such notification as incumbency certificate shall be made amended and replaced whenever a person is to be added or deleted from the listing. If the Issuer or Company elects to give the Trustee e-mail or facsimile instructions (or instructions by a similar electronic method) and the Trustee in its discretion elects to act upon such instructions, the Trustee’s understanding of such instructions shall be deemed controlling. The Trustee shall not be liable for any losses, costs or expenses arising directly or indirectly from the Trustee’s reliance upon and compliance with such instructions notwithstanding such instructions conflict or are inconsistent with a subsequent written instruction. The Issuer and Company agree to assume all risks arising out of the approval use of such electronic methods to submit instructions and directions to the Trustee, including without limitation the risk of the Trustee shall constitute a sufficient notification for every purpose hereunderacting on unauthorized instructions, and the risk or interception and misuse by third parties.

Appears in 1 contract

Samples: Indenture (SL Green Operating Partnership, L.P.)

Addresses for Notices, Etc. Any notice or demand that which by any provision of this Indenture is required or permitted to be given or served by the Trustee Trustees or by the Holders holders of Notes on the Company or the Guarantor Issuer shall be deemed to have been sufficiently given or made, for all purposes purposes, if given or served by being deposited postage prepaid by registered or certified mail in a post office letter box or sent by telecopier transmission addressed (until another address is filed by as follows: to the Company with the Trustee) to Encore Capital Group, Inc., 0000 Issuer: Tower Semiconductor Ltd. Ramat Gavriel Industrial Park P.O. Box 619 Xxxxxx Xxx Xxx Xxxxx, Xxxxx 000, Xxx Xxxxx, Xxxxxxxxxx 00000, Haemek 00000 Xxxxxx Attention: General CounselChief Financial Officer Facsimile: +000 (0) 0-000-0000. Any notice, direction, request or sent electronically in PDF format. All notices demand hereunder to or upon the Trustee in its capacity as Trustee, Paying Agent or Conversion Agent under this Agreement Trustees shall be maileddeemed to have been sufficiently given or made, first classfor all purposes, if given or served by being deposited, postage prepaid, personally delivered by registered or certified mail in a post office letter box or sent via facsimile or electronic by telecopier transmission addressed as follows: The Bank of New York Xxx Xxxxxx Xxxxxx Xxxxxx X00 0XX Xxxxxx Xxxxxxx Facsimile: +44 (email0) transmission (with a portable document format or similar attachment) to the Trustee, MUFG Union Bank, N.A., 1251 Avenue of the Xxxxxxxx, 00xx Xxxxx, Xxx Xxxx, Xxx Xxxx 00000, 000-000 0000 Attention: Corporate Trust AdministrationAdministration and Hermetic Trust (1975) Ltd of Xxxxxxxx Xxxxxx 000 Xxx Xxxx Xxxxxx Facsimile: +972 (0) 3-527 1736 Attention: Xxx Xxxxx, Fax 000-000-0000; Email: XxxxxxxXxxxxxxxxxxxxx-XxxxxxxxxXxxxx@xxxxxxxxx.xxx and XXXX0@xxxxxxxxx.xxxEsq. The TrusteeTrustees, by notice to the CompanyIssuer, may designate additional or different addresses or delivery methods for subsequent notices or communications. Any notice or communication mailed to a Holder Noteholder shall be mailed to it him by first class mail, postage prepaid, at its his address as it appears on the Note Register register and shall be sufficiently given to it him if so mailed within the time prescribed; provided that notices given to Holders of any Global Note may be given through the facilities of the Depositary therefor (and notice provided in such manner will be deemed to be “written” notice and to satisfy any requirement in this Indenture or the Notes to “mail” notice to the applicable Holder). Failure to mail a notice or communication to a Holder Noteholder or any defect in it shall not affect its sufficiency with respect to other HoldersNoteholders. If a notice or communication is mailed in the manner provided above, it is duly given, whether or not the addressee receives it. In case by reason of the suspension of regular mail service or by reason of any other cause it shall be impracticable to give such notice to Holders by mail, then such notification as shall be made with the approval of the Trustee shall constitute a sufficient notification for every purpose hereunder.

Appears in 1 contract

Samples: Tower Semiconductor LTD

Addresses for Notices, Etc. Any notice or demand that which by any provision of this Indenture is required or permitted to be given or served by the Trustee or by the Holders of Notes on the Company Issuer or the Guarantor shall be in writing and shall be deemed to have been sufficiently given or made, for all purposes purposes, if given or served by being deposited postage prepaid by registered or certified mail in a post office letter box addressed (until another address is filed by the Company with the Trustee) to Encore Capital Group, Inc., 0000 Xxxxxx Xxx Xxx Xxxxx, Xxxxx 000, Xxx Xxxxx, Xxxxxxxxxx 00000, Attention: General Counselbox, or sent electronically in PDF format. All notices by overnight courier, or sent by telecopier transmission addressed as follows: To Issuer: Xxxxxx Realty, L.P. 00000 Xxxx Xxxxxxx Xxxxxxxxx, Xxxxx 000 Xxx Xxxxxxx, Xxxxxxxxxx 00000 Telecopier No.: (000) 000-0000 Attention: Chief Financial Officer To Guarantor: Kilroy Realty Corporation 00000 Xxxx Xxxxxxx Xxxxxxxxx, Xxxxx 000 Xxx Xxxxxxx, Xxxxxxxxxx 00000 Telecopier No.: (000) 000-0000 Attention: Chief Financial Officer Any notice, direction, request or demand hereunder to or upon the Trustee in its capacity as Trustee, Paying Agent or Conversion Agent under this Agreement shall be maileddeemed to have been sufficiently given or made, first classfor all purposes, when received after being given or served by being deposited, postage prepaid, personally delivered by registered or certified mail in a post office letter box, or sent via by overnight courier, or sent by facsimile or electronic (email) transmission (with a portable document format or similar attachment) to the Trustee, MUFG Union Bank, N.A., 1251 Avenue of the Xxxxxxxxaddressed as follows: U.S. Bank National Association 000 Xxxx Xxxxx Xxxxxx, 00xx XxxxxXxxxx Xxx Xxxxxxx, Xxx Xxxx, Xxx Xxxx 00000, Xxxxxxxxxx 00000 Attention: Corporate Trust AdministrationServices (Xxxxxx Realty, Fax L.P. 4.25% Exchangeable Senior Notes due 2014) Facsimile No.: (000) 000-000-0000; Email: XxxxxxxXxxxxxxxxxxxxx-XxxxxxxxxXxxxx@xxxxxxxxx.xxx and XXXX0@xxxxxxxxx.xxx. 0000 The Trustee, by notice to the CompanyIssuer, may designate additional or different addresses or delivery methods for subsequent notices or communications. Any notice or communication mailed to a Holder Noteholder shall be mailed to it by first class mail, postage prepaid, at its such Noteholder’s address as it appears on the Note Register and shall be sufficiently given to it such Noteholder if so mailed within the time prescribed; provided that notices given or communications made to Holders of any Global Note a beneficial holder may be given through the facilities of the Depositary therefor (and notice provided in such manner will be deemed to be “written” notice and to satisfy any requirement in this Indenture or accordance with the Notes to “mail” notice to the applicable Holder)Depositary’s customary procedures. Failure to mail a notice or communication to a Holder Noteholder or any defect in it shall not affect its sufficiency with respect to other HoldersNoteholders. If a notice or communication is mailed or given in the manner provided above, it is duly given, whether or not the addressee receives it. In case by reason of the suspension of regular mail service or by reason of any other cause it shall be impracticable to give such notice to Holders by mail, then such notification as shall be made with the approval of the Trustee shall constitute a sufficient notification for every purpose hereunder.

Appears in 1 contract

Samples: Indenture (Kilroy Realty Corp)

Addresses for Notices, Etc. Any notice or demand that which by any provision of this Indenture is required or permitted to be given or served by the Trustee or by the Holders of Notes on the Company Issuer or the Guarantor shall be in writing and shall be deemed to have been sufficiently given or made, for all purposes purposes, if given or served by being deposited postage prepaid by registered or certified mail in a post office letter box box, or sent by overnight courier, or sent by telecopier transmission addressed as follows: To Issuer: BioMed Realty, L.P. 00000 Xxxxxxxx Xxxxxx Drive San Diego, California 92128 Telecopier No.: (until another address is filed by the Company with the Trustee000) to Encore Capital Group, Inc., 000-0000 Xxxxxx Xxx Xxx Xxxxx, Xxxxx 000, Xxx Xxxxx, Xxxxxxxxxx 00000, Attention: General CounselCounsel To Guarantor: BioMed Realty Trust, Inc. 00000 Xxxxxxxx Xxxxxx Drive San Diego, California 92128 Telecopier No.: (000) 000-0000 Attention: General Counsel Any notice, direction, request or sent electronically in PDF format. All notices demand hereunder to or upon the Trustee in its capacity as Trustee, Paying Agent or Conversion Agent under this Agreement shall be maileddeemed to have been sufficiently given or made, first classfor all purposes, if given or served by being deposited, postage prepaid, personally delivered by registered or certified mail in a post office letter box, or sent via facsimile by overnight courier, or electronic (email) sent by telecopier transmission (with a portable document format or similar attachment) to the Trustee, MUFG Union Bank, N.A., 1251 Avenue of the Xxxxxxxxaddressed as follows: U.S. Bank National Association 000 Xxxx Xxxxx Xxxxxx, 00xx XxxxxXxxxx Xxx Xxxxxxx, Xxx Xxxx, Xxx Xxxx 00000, Xxxxxxxxxx 00000 Telecopier No.: (000) 000-0000 Attention: Xxxxx X. Xxxxxx, Corporate Trust Administration, Fax 000-000-0000; Email: XxxxxxxXxxxxxxxxxxxxx-XxxxxxxxxXxxxx@xxxxxxxxx.xxx and XXXX0@xxxxxxxxx.xxx. Services (BioMed Realty 2010 Indenture) The Trustee, by notice to the CompanyIssuer, may designate additional or different addresses or delivery methods for subsequent notices or communications. Any notice or communication mailed to a Holder Noteholder shall be mailed to it by first class mail, postage prepaid, at its such Noteholder’s address as it appears on the Note Register and shall be sufficiently given to it such Noteholder if so mailed within the time prescribed; provided that notices given to Holders of any Global Note may be given through the facilities of the Depositary therefor (and notice provided in such manner will be deemed to be “written” notice and to satisfy any requirement in this Indenture or the Notes to “mail” notice to the applicable Holder). Failure to mail a notice or communication to a Holder Noteholder or any defect in it shall not affect its sufficiency with respect to other HoldersNoteholders. If a notice or communication is mailed in the manner provided above, it is duly given, whether or not the addressee receives it. In case by reason of the suspension of regular mail service or by reason of any other cause it shall be impracticable to give such notice to Holders by mail, then such notification as shall be made with the approval of the Trustee shall constitute a sufficient notification for every purpose hereunder.77

Appears in 1 contract

Samples: Indenture (BioMed Realty Trust Inc)

Addresses for Notices, Etc. Any notice or demand that which by any provision of this Indenture is required or permitted to be given or served by the Trustee or by the Holders of Notes on the Company Issuer or the Guarantor shall be in writing and shall be deemed to have been sufficiently given or made, for all purposes purposes, if given or served by being deposited postage prepaid by registered or certified mail in a post office letter box addressed (until another address is filed by the Company with the Trustee) to Encore Capital Group, Inc., 0000 Xxxxxx Xxx Xxx Xxxxx, Xxxxx 000, Xxx Xxxxx, Xxxxxxxxxx 00000, Attention: General Counselbox, or sent electronically in PDF format. All notices by overnight courier, or sent by telecopier transmission addressed as follows: To Issuer: Essex Portfolio, L.P. 920 Xxxx Xxxxxx Xxxxx Xxxx Xxxx, Xxxxxxxxxx 00000 Fax: (000) 000-0000 Attention: Xxxxxxx Dance, Chief Financial Officer To Guarantor: Essex Property Trust, Inc. 920 Xxxx Xxxxxx Xxxxx Xxxx Xxxx, Xxxxxxxxxx 00000 Fax: (000) 000-0000 Attention: Xxxxxxx Dance, Chief Financial Officer Any notice, direction, request or demand hereunder to or upon the Trustee in its capacity as Trustee, Paying Agent or Conversion Agent under this Agreement shall be maileddeemed to have been sufficiently given or made, first classfor all purposes, if given or served by being deposited, postage prepaid, personally delivered by registered or certified mail in a post office letter box, or sent via facsimile by overnight courier, or electronic sent by telecopier transmission addressed as follows: U.S. Bank National Association Global Corporate Trust Services Onx Xxxxxxxxxx Xxxxxx, Xxxxx 0000 Xxx Xxxxxxxxx, Xxxxxxxxxx 00000 Fax: (email000) transmission (with a portable document format or similar attachment) to the Trustee, MUFG Union Bank, N.A., 1251 Avenue of the Xxxxxxxx, 00xx Xxxxx, Xxx Xxxx, Xxx Xxxx 00000, 000-0000 Attention: Corporate Trust Administration, Fax 000-000-0000; Email: XxxxxxxXxxxxxxxxxxxxx-XxxxxxxxxXxxxx@xxxxxxxxx.xxx and XXXX0@xxxxxxxxx.xxx. Xxxxxx Xxxx (Essex Portfolio) The Trustee, by notice to the CompanyIssuer, may designate additional or different addresses or delivery methods for subsequent notices or communications. Any notice or communication mailed to a Holder Noteholder shall be mailed to it by first class mail, postage prepaid, at its such Noteholder’s address as it appears on the Note Register and shall be sufficiently given to it such Noteholder if so mailed within the time prescribed; provided that notices given to Holders of any Global Note may be given through the facilities of the Depositary therefor (and notice provided in such manner will be deemed to be “written” notice and to satisfy any requirement in this Indenture or the Notes to “mail” notice to the applicable Holder). Failure to mail a notice or communication to a Holder Noteholder or any defect in it shall not affect its sufficiency with respect to other HoldersNoteholders. If a notice or communication is mailed in the manner provided above, it is duly given, whether or not the addressee receives it. In case by reason of the suspension of regular mail service or by reason of any other cause it shall be impracticable to give such notice to Holders by mail, then such notification as shall be made with the approval of the Trustee shall constitute a sufficient notification for every purpose hereunder.

Appears in 1 contract

Samples: Indenture (Essex Portfolio Lp)

Addresses for Notices, Etc. Any notice or demand that which by any provision of this Indenture is required or permitted to be given or served by the Trustee or by the Holders of Debentures on the Company Issuer or the Guarantor shall be in writing and shall be deemed to have been sufficiently given or made, for all purposes purposes, if given or served by being deposited postage prepaid by registered or certified mail in a post office letter box box, or sent by overnight courier, or sent by telecopier transmission addressed (until another address is filed by the Company with the Trustee) to Encore Capital Groupas follows: To Issuer: Digital Realty Trust, Inc., 0000 Xxxxxx Xxx Xxx XxxxxL.P. 000 Xxxxxxx Xxxxxx, Xxxxx 000, 0000 Xxx XxxxxXxxxxxxxx, Xxxxxxxxxx 00000, 00000 Telecopier No.: (415) 738–6521 Attention: General CounselCounsel To Guarantor: Digital Realty Trust, Inc. 000 Xxxxxxx Xxxxxx, Xxxxx 0000 Xxx Xxxxxxxxx, Xxxxxxxxxx 00000 Telecopier No.: (415) 738–6521 Attention: General Counsel Any notice, direction, request or sent electronically in PDF format. All notices demand hereunder to or upon the Trustee in its capacity as Trustee, Paying Agent or Conversion Agent under this Agreement shall be maileddeemed to have been sufficiently given or made, first classfor all purposes, if given or served by being deposited, postage prepaid, personally delivered by registered or certified mail in a post office letter box, or sent via facsimile by overnight courier, or electronic (email) sent by telecopier transmission (with a portable document format or similar attachment) to the Trustee, MUFG Union addressed as follows: Xxxxx Fargo Bank, N.A., 1251 Avenue of the XxxxxxxxNational Association 000 Xxxxxxxx Xxxx., 00xx XxxxxXxxxx Xxx Xxxxxxx, Xxx Xxxx, Xxx Xxxx 00000, XX 00000 Telecopier No.: (000) 000-0000 Attention: Corporate Trust Administration, Fax 000-000-0000; Email: XxxxxxxXxxxxxxxxxxxxx-XxxxxxxxxXxxxx@xxxxxxxxx.xxx and XXXX0@xxxxxxxxx.xxx. Services The Trustee, by notice to the CompanyIssuer, may designate additional or different addresses or delivery methods for subsequent notices or communications. Any notice or communication mailed to a Holder Debentureholder shall be mailed to it by first class mail, postage prepaid, at its such Debentureholder’s address as it appears on the Note Debenture Register and shall be sufficiently given to it such Debentureholder if so mailed within the time prescribed; provided that notices given to Holders of any Global Note may be given through the facilities of the Depositary therefor (and notice provided in such manner will be deemed to be “written” notice and to satisfy any requirement in this Indenture or the Notes to “mail” notice to the applicable Holder). Failure to mail a notice or communication to a Holder Debentureholder or any defect in it shall not affect its sufficiency with respect to other HoldersDebentureholders. If a notice or communication is mailed in the manner provided above, it is duly given, whether or not the addressee receives it. In case by reason of the suspension of regular mail service or by reason of any other cause it shall be impracticable to give such notice to Holders by mail, then such notification as shall be made with the approval of the Trustee shall constitute a sufficient notification for every purpose hereunder.

Appears in 1 contract

Samples: Indenture (Digital Realty Trust, Inc.)

Addresses for Notices, Etc. Any notice or demand that which by any provision of this Indenture is required or permitted to be given or served by the Trustee or by the Holders of Notes on the Company Issuer or the Guarantor shall be in writing and shall be deemed to have been sufficiently given or made, for all purposes purposes, if given or served by being deposited postage prepaid by registered or certified mail in a post office letter box addressed (until another address is filed by the Company with the Trustee) to Encore Capital Group, Inc., 0000 Xxxxxx Xxx Xxx Xxxxx, Xxxxx 000, Xxx Xxxxx, Xxxxxxxxxx 00000, Attention: General Counselbox, or sent electronically in PDF format. All notices by overnight courier, or hand delivered, or sent by telecopier transmission addressed as follows: To Issuer: Xxxxxx Realty, L.P. 00000 Xxxx Xxxxxxx Xxxxxxxxx, Xxxxx 000 Xxx Xxxxxxx, Xxxxxxxxxx 00000 Telecopier No.: (000) 000-0000 Attention: Chief Financial Officer To Guarantor: Xxxxxx Realty Corporation 00000 Xxxx Xxxxxxx Xxxxxxxxx, Xxxxx 000 Xxx Xxxxxxx, Xxxxxxxxxx 00000 Telecopier No.: (000) 000-0000 Attention: Chief Financial Officer Any notice, direction, request or demand hereunder to or upon the Trustee in its capacity as Trustee, Paying Agent or Conversion Agent under this Agreement shall be mailedin writing and shall be deemed to have been sufficiently given or made, first classfor all purposes, when received after being given or served by being deposited, postage prepaid, personally delivered by registered or certified mail in a post office letter box, or sent via by overnight courier, or hand delivered, or sent by facsimile or electronic (email) transmission (with a portable document format or similar attachment) to the Trustee, MUFG Union Bank, N.A., 1251 Avenue of the Xxxxxxxxaddressed as follows: U.S. Bank National Association 000 Xxxx Xxxxx Xxxxxx, 00xx XxxxxXxxxx Xxx Xxxxxxx, Xxx Xxxx, Xxx Xxxx 00000, Xxxxxxxxxx 00000 Attention: Corporate Trust AdministrationServices (Xxxxxx Realty, Fax L.P. [ ]% Senior Notes due [ ]) Facsimile No.: (000) 000-000-0000; Email: XxxxxxxXxxxxxxxxxxxxx-XxxxxxxxxXxxxx@xxxxxxxxx.xxx and XXXX0@xxxxxxxxx.xxx. 0000 The Trustee, by notice to the CompanyIssuer, may designate additional or different addresses or delivery methods for subsequent notices or communications. Any notice or communication mailed to a Holder Noteholder shall be mailed to it by first class mail, postage prepaid, at its such Noteholder’s address as it appears on the Note Register and shall be sufficiently given to it such Noteholder if so mailed within the time prescribed; provided that notices given or communications made to Holders of any Global Note a beneficial holder may be given through the facilities of the Depositary therefor (and notice provided in such manner will be deemed to be “written” notice and to satisfy any requirement in this Indenture or accordance with the Notes to “mail” notice to the applicable Holder)Depositary’s customary procedures. Failure to mail a notice or communication to a Holder Noteholder or any defect in it shall not affect its sufficiency with respect to other HoldersNoteholders. If a notice or communication is mailed or given in the manner provided above, it is duly given, whether or not the addressee receives it. In case by reason of the suspension of regular mail service or by reason of any other cause it shall be impracticable to give such notice to Holders by mail, then such notification as shall be made with the approval of the Trustee shall constitute a sufficient notification for every purpose hereunder.

Appears in 1 contract

Samples: Indenture (Kilroy Realty, L.P.)

Addresses for Notices, Etc. Any notice or demand that which by any provision of this Indenture is required or permitted to be given or served by the Trustee or by the Holders of Notes of the applicable series on the Company Issuer or the Guarantor shall be in writing and shall be deemed to have been sufficiently given or made, for all purposes purposes, if given or served by being deposited postage prepaid by registered or certified mail in a post office letter box box, or sent by overnight courier, or sent by .pdf transmission (receipt of which has been confirmed via return email) addressed (until another address is filed by the Company with the Trustee) to Encore Capital Groupas follows: To Issuer: Essex Portfolio, Inc., L.P. 0000 Xxxxxx Xxx Xxx Xxxx Xxxxx, Xxxxx 000, 000 Xxx Xxxxx, Xxxxxxxxxx 00000, 00000 Email: xxxxxxxx@xxxxx.xxx Attention: General CounselXxxxxx Xxxxxxx, Chief Financial Officer To Guarantor: Essex Property Trust, Inc. 0000 Xxxx Xxxxx, Xxxxx 000 Xxx Xxxxx, Xxxxxxxxxx 00000 Email: xxxxxxxx@xxxxx.xxx Attention: Xxxxxx Xxxxxxx, Chief Financial Officer Any notice, direction, request or sent electronically in PDF format. All notices demand hereunder to or upon the Trustee in its capacity as Trustee, Paying Agent or Conversion Agent under this Agreement shall be maileddeemed to have been sufficiently given or made, first classfor all purposes, if given or served by being deposited, postage prepaid, personally delivered by registered or certified mail in a post office letter box, or sent via facsimile by overnight courier, or electronic sent by telecopier transmission addressed as follows: U.S. Bank National Association Global Corporate Trust Services Xxx Xxxxxxxxxx Xxxxxx, Xxxxx 0000 Xxx Xxxxxxxxx, Xxxxxxxxxx 00000 Fax: (email000) transmission 000-0000 Attention: Xxxxx Xxxxx (with a portable document format Essex Portfolio) The Issuer, any Guarantor or similar attachment) to the Trustee, MUFG Union Bank, N.A., 1251 Avenue of the Xxxxxxxx, 00xx Xxxxx, Xxx Xxxx, Xxx Xxxx 00000, Attention: Corporate Trust Administration, Fax 000-000-0000; Email: XxxxxxxXxxxxxxxxxxxxx-XxxxxxxxxXxxxx@xxxxxxxxx.xxx and XXXX0@xxxxxxxxx.xxx. The Trustee, by written notice to the Companyothers, may designate additional or different addresses or delivery methods for subsequent notices or communications. Any notice or communication mailed to a Holder Noteholder shall be mailed to it by first class mail, postage prepaid, at its such Noteholder’s address as it appears on the Note Register and shall be sufficiently given to it such Noteholder if so mailed within the time prescribed; provided that notices given . Any notice or communication will also be so mailed to Holders of any Global Note may be given through Person in the facilities of the Depositary therefor (and notice provided in such manner will be deemed to be “written” notice and to satisfy any requirement in this Trust Indenture or the Notes to “mail” notice Act, to the applicable Holder)extent required by the Trust Indenture Act. Failure to mail a notice or communication to a Holder Noteholder or any defect in it shall not affect its sufficiency with respect to other HoldersNoteholders. If a notice or communication is mailed in the manner provided above, it is duly given, whether or not the addressee receives it. In case by reason of the suspension of regular mail service or by reason of any other cause it shall be impracticable to give such notice to Holders by mail, then such notification as shall be made with the approval of the Trustee shall constitute a sufficient notification for every purpose hereunder.

Appears in 1 contract

Samples: Essex Portfolio Lp

Addresses for Notices, Etc. Any notice or demand that which by any provision of this Indenture is required or permitted to be given or served by the Trustee or by the Holders of Notes on the Company Issuer or the Guarantor shall be in writing and shall be deemed to have been sufficiently given or made, for all purposes purposes, if given or served by being deposited postage prepaid by registered or certified mail in a post office letter box box, or sent by overnight courier, or sent by telecopier transmission addressed (until another address is filed by the Company with the Trustee) to Encore Capital Groupas follows: To Issuer: MPT Operating Partnership, Inc., 0000 L.P. 1000 Xxxxx Xxxxxx Xxx Xxx Xxxxx, Xxxxx 000 Xxxxxxxxxx, Xxxxxxx 00000 Telecopier No.: 200-000, Xxx Xxxxx, Xxxxxxxxxx 00000, -0000 Attention: General CounselCounsel To Guarantor: Medical Properties Trust, Inc. 1000 Xxxxx Xxxxxx Xxxxx, Xxxxx 000 Xxxxxxxxxx, Xxxxxxx 00000 Telecopier No.: 200-000-0000 Attention: General Counsel Any notice, direction, request or sent electronically in PDF format. All notices demand hereunder to or upon the Trustee in its capacity as Trustee, Paying Agent or Conversion Agent under this Agreement shall be maileddeemed to have been sufficiently given or made, first classfor all purposes, if given or served by being deposited, postage prepaid, personally delivered by registered or certified mail in a post office letter box, or sent via by overnight courier, or sent by facsimile or electronic (email) transmission (with a portable document format or similar attachment) to the Trusteeaddressed as follows: 84 Wilmington Trust Company, MUFG Union Bankas Trustee Rxxxxx Square North 1000 X. Xxxxxx Xxxxxx Xxxxxxxxxx, N.A., 1251 Avenue of the Xxxxxxxx, 00xx Xxxxx, Xxx Xxxx, Xxx Xxxx XX 00000, -0000 Attention: Corporate Trust Administration, Fax 000Capital Markets Facsimile No.: 300-000-0000; Email: XxxxxxxXxxxxxxxxxxxxx-XxxxxxxxxXxxxx@xxxxxxxxx.xxx and XXXX0@xxxxxxxxx.xxx. 0000 The Trustee, by notice to the CompanyIssuer, may designate additional or different addresses or delivery methods for subsequent notices or communications. Any notice or communication mailed to a Holder Noteholder shall be mailed to it by first class mail, postage prepaid, at its such Noteholder’s address as it appears on the Note Register and shall be sufficiently given to it such Noteholder if so mailed within the time prescribed; provided that notices given to Holders of any Global Note may be given through the facilities of the Depositary therefor (and notice provided in such manner will be deemed to be “written” notice and to satisfy any requirement in this Indenture or the Notes to “mail” notice to the applicable Holder). Failure to mail a notice or communication to a Holder Noteholder or any defect in it shall not affect its sufficiency with respect to other HoldersNoteholders. If a notice or communication is mailed or given in the manner provided above, it is duly given, whether or not the addressee receives it. In case by reason of the suspension of regular mail service or by reason of any other cause it shall be impracticable to give such notice to Holders by mail, then such notification as shall be made with the approval of the Trustee shall constitute a sufficient notification for every purpose hereunder.

Appears in 1 contract

Samples: Indenture (Medical Properties Trust Inc)

Addresses for Notices, Etc. Any notice or demand that by any provision of this Indenture is required or permitted to be given or served by the Trustee or by the Holders on the Company or the Guarantor shall be deemed to have been sufficiently given or made, for all purposes if given or served by being deposited postage prepaid by registered or certified mail in a post office letter box addressed (until another address is filed by the Company with the Trustee) to Encore Capital GroupHomeAway, Inc., 0000 Xxxxxx Xxx Xxx XxxxxX. Xxxxx Xxxxxx, Xxxxx 000, Xxx Xxxxxx, Xxxxx 00000: attention Xxxxxxx Xxxxx, Esq., with a copy to Xxxxxx Xxxxxxx Xxxxxxxx & Xxxxxx, Professional Corporation, 900 South Capital of Texas Highway, Las Cimas IV, Fifth Floor, Austin, Texas 78746, attention: Xxxx Xxxxxx and to Xxxxxx Xxxxxxx Xxxxxxxx & Xxxxxx, Professional Corporation, 000 Xxxx Xxxx Xxxx, Xxxx Xxxx, Xxxxxxxxxx 00000, Attentionattention: General CounselXxxx X. Xxxx. Any notice, direction, request or demand hereunder to or upon the Trustee shall be deemed to have been sufficiently given or made, for all purposes, if given or served by being deposited postage prepaid by registered or certified mail in a post office letter box addressed to the Corporate Trust Office or sent electronically in PDF format. All notices to the Trustee in its capacity as Trustee, Paying Agent or Conversion Agent under this Agreement shall be mailed, first class, postage prepaid, personally delivered or sent via facsimile or electronic (email) transmission (with a portable document format or similar attachment) to the Trustee, MUFG Union Bank, N.A., 1251 Avenue of the Xxxxxxxx, 00xx Xxxxx, Xxx Xxxx, Xxx Xxxx 00000, Attention: Corporate Trust Administration, Fax 000-000-0000; Email: XxxxxxxXxxxxxxxxxxxxx-XxxxxxxxxXxxxx@xxxxxxxxx.xxx and XXXX0@xxxxxxxxx.xxx. The Trustee, by notice to the Company, may designate additional or different addresses or delivery methods for subsequent notices or communications. Any notice or communication mailed to a Holder shall be mailed to it by first class mail, postage prepaid, at its address as it appears on the Note Register and shall be sufficiently given to it if so mailed within the time prescribed; provided that notices given to Holders of any Global Note Notes may be given electronically through the facilities of the Depositary therefor (and notice provided in such manner will be deemed to be “written” notice and to satisfy any requirement in this Indenture or the Notes to “mail” notice to the applicable Holder)Depositary. Failure to mail a notice or communication to a Holder or any defect in it shall not affect its sufficiency with respect to other Holders. If a notice or communication is mailed in the manner provided above, it is duly given, whether or not the addressee receives it. In case by reason of the suspension of regular mail service or by reason of any other cause it shall be impracticable to give such notice to Holders by mail, then such notification as shall be made with the approval of the Trustee shall constitute a sufficient notification for every purpose hereunder.

Appears in 1 contract

Samples: Indenture (Homeaway Inc)

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Addresses for Notices, Etc. Any notice or demand that by any provision of this Indenture is required or permitted to be given or served by the Trustee or by the Holders on the Company or the on any Subsidiary Guarantor shall be deemed to have been sufficiently given or made, for all purposes if given or served by being (a) deposited postage prepaid by registered or certified mail in a post office letter box addressed (until another address is filed by the Company with the Trustee) to Encore Capital GroupXxxxxxx Industries, Inc., 0000 Xxxxxx 000 Xxxx Xxxxxxxx Xxxxxx, X.X. Xxx Xxx Xxxxx, Xxxxx 000, Xxx XxxxxXxxxxxx, Xxxxxxxxxx Xxxxxxx 00000, Attention: General CounselXxxx X. Xxxxxx, Chief Executive Officer, Xxxx Xxxxxxxxx, Chief Financial Officer and Xxxx Xxxxxx, Chief Legal Officer, or sent electronically (b) emailed to xxxxxxx@xxxxxxxxxx.xxx, xxxxxxxx@xxxxxxxxxx.xxx and xxxxxxx@xxxxxxxxxx.xxx. Any notice, direction, request or demand hereunder to or upon the Trustee shall be deemed to have been sufficiently given or made, for all purposes, if given or served by being deposited postage prepaid by registered or certified mail in PDF format. All notices a post office letter box addressed to the Trustee in its capacity as Trustee, Paying Agent or Conversion Agent under this Agreement shall be mailed, first class, postage prepaid, personally delivered or sent via facsimile or electronic (email) transmission (with a portable document format or similar attachment) to the Trustee, MUFG Union Bank, N.A., 1251 Avenue of the Xxxxxxxx, 00xx Xxxxx, Xxx Xxxx, Xxx Xxxx 00000, Attention: Corporate Trust Administration, Fax 000-000-0000; Email: XxxxxxxXxxxxxxxxxxxxx-XxxxxxxxxXxxxx@xxxxxxxxx.xxx and XXXX0@xxxxxxxxx.xxxOffice. The Trustee, by notice to the Company, may designate additional or different addresses or delivery methods for subsequent notices or communications. Any notice or communication mailed delivered or to be delivered to a Holder of Physical Notes shall be mailed to it by first class mail, postage prepaid, at its address as it appears on the Note Register and shall be sufficiently given to it if so mailed within the time prescribed; provided that notices given . Any notice or communication delivered or to Holders be delivered to a Holder of any Global Note may Notes shall be given through delivered in accordance with the facilities applicable procedures of the Depositary therefor (and notice provided in such manner will shall be deemed sufficiently given to be “written” notice and to satisfy any requirement in this Indenture or it if so delivered within the Notes to “mail” notice to the applicable Holder)time prescribed. Failure to mail or deliver a notice or communication to a Holder or any defect in it shall not affect its sufficiency with respect to other Holders. If a notice or communication is mailed or delivered, as the case may be, in the manner provided above, it is duly given, whether or not the addressee receives it. In case by reason of the suspension of regular mail service or by reason of any other cause it shall be impracticable to give such notice to Holders by mail, then such notification as shall be made with the approval of the Trustee shall constitute a sufficient notification for every purpose hereunder.

Appears in 1 contract

Samples: Patrick Industries Inc

Addresses for Notices, Etc. Any notice or demand that by any provision of this Indenture is required or permitted to be given given, delivered or served by the Trustee or by the Holders on the Company or the Guarantor shall be deemed to have been sufficiently given or made, for all purposes if given given, delivered or served by being (i) deposited postage prepaid by registered or certified mail in a post office letter box addressed (until another address is filed by the Company with the Trustee) to Encore Greenlight Capital GroupRe, Inc.Ltd., 0000 00 Xxxxxx Xxx Xxx XxxxxXxxxxx, Xxxxx 0000000, Xxxxxx Xxx, X.X. Xxx Xxxxx00000, Xxxxxxxxxx 00000Xxxxx Xxxxxx, XX0-0000, Xxxxxx Islands, Attention: Xxxxx Xxxxxxx, General CounselCounsel or (ii) delivered via email to xxxxx@xxxxxxxxxxxx.xx (until another email address is filed by the Company with the Trustee). Any notice, direction, request or demand hereunder to or upon the Trustee shall be deemed to have been sufficiently given, delivered or made, for all purposes, if given, delivered or served by being deposited postage prepaid by registered or certified mail in a post office letter box addressed to the Corporate Trust Office or sent electronically to xxxxxx@xxxxxxxx.xxx and xxxxxxxxxxxxx@xxxxxxxx.xxx in PDF format. All notices to the Trustee in its capacity as Trustee, Paying Agent or Conversion Agent under this Agreement shall be mailed, first class, postage prepaid, personally delivered or sent via facsimile or electronic (email) transmission (with a portable document format or similar attachment) to and received by the Trustee, MUFG Union Bank, N.A., 1251 Avenue of the Xxxxxxxx, 00xx Xxxxx, Xxx Xxxx, Xxx Xxxx 00000, Attention: Corporate Trust Administration, Fax 000-000-0000; Email: XxxxxxxXxxxxxxxxxxxxx-XxxxxxxxxXxxxx@xxxxxxxxx.xxx and XXXX0@xxxxxxxxx.xxx. The Trustee, by notice to the Company, may designate additional or different addresses or delivery methods for subsequent notices or communications. Any notice or communication mailed to a Holder shall be mailed to it by first class mail, postage prepaid, at its address as it appears on the Note Register and shall be sufficiently given to it if so mailed within the time prescribed; provided that notices given to Holders of any Global Note Notes may be given electronically through the facilities of the Depositary therefor (and Depositary. If the Company sends a notice provided in such manner will be deemed to be “written” notice and to satisfy any requirement in this Indenture or the Notes to “mail” notice communication to the applicable Holder)Holders, it shall send a copy to the Trustee at the same time. Failure to mail a notice or communication to a Holder or any defect in it shall not affect its sufficiency with respect to other Holders. If a notice or communication is mailed in the manner provided above, it is duly given, whether or not the addressee receives it. In case by reason of the suspension of regular mail service or by reason of any other cause it shall be impracticable to give such notice to Holders by mail, then such notification as shall be made with the approval of the Trustee shall constitute a sufficient notification for every purpose hereunder. The Trustee agrees to accept and act upon notice, instructions or directions pursuant to this Indenture sent by unsecured email, facsimile transmission or other similar unsecured electronic methods. The Trustee shall not be liable for any losses, costs or expenses arising directly or indirectly from the Trustee’s good-faith reliance upon and compliance with such instructions or directions notwithstanding whether such instructions or directions conflict or are inconsistent with a subsequent written instruction or direction, unless a Responsible Officer of the Trustee has actual knowledge of such conflict or inconsistency, or if the subsequent written instruction or direction is never received. The party providing electronic instructions agrees to assume all risks arising out of the use of such electronic methods to submit instructions and directions to the Trustee, including without limitation the risk of the Trustee acting on unauthorized instructions, and the risk of interception and misuse by third parties. With respect to any Global Note, any notice required to be delivered pursuant to this Indenture may, in lieu of the requirements set forth in this Indenture, be delivered in accordance with the applicable procedures of the Depositary in respect thereof.

Appears in 1 contract

Samples: Indenture (Greenlight Capital Re, Ltd.)

Addresses for Notices, Etc. Any notice or demand that which by any provision of this Indenture is required or permitted to be given or served by the Trustee or by the Holders of Notes on the Company Issuer or the Guarantor shall be in writing and shall be deemed to have been sufficiently given or made, for all purposes purposes, if given or served by being deposited postage prepaid by registered or certified mail in a post office letter box addressed (until another address is filed by the Company with the Trustee) to Encore Capital Group, Inc., 0000 Xxxxxx Xxx Xxx Xxxxx, Xxxxx 000, Xxx Xxxxx, Xxxxxxxxxx 00000, Attention: General Counselbox, or sent electronically in PDF format. All notices by overnight courier, or hand delivered, or sent by telecopier transmission addressed as follows: To Issuer: Kxxxxx Realty, L.P. 10000 Xxxx Xxxxxxx Xxxxxxxxx, Xxxxx 000 Xxx Xxxxxxx, Xxxxxxxxxx 00000 Telecopier No.: (000) 000-0000 Attention: Chief Financial Officer To Guarantor: Kxxxxx Realty Corporation 10000 Xxxx Xxxxxxx Xxxxxxxxx, Xxxxx 000 Xxx Xxxxxxx, Xxxxxxxxxx 00000 Telecopier No.: (000) 000-0000 Attention: Chief Financial Officer Any notice, direction, request or demand hereunder to or upon the Trustee in its capacity as Trustee, Paying Agent or Conversion Agent under this Agreement shall be mailedin writing and shall be deemed to have been sufficiently given or made, first classfor all purposes, when received after being given or served by being deposited, postage prepaid, personally delivered by registered or certified mail in a post office letter box, or sent via by overnight courier, or hand delivered, or sent by facsimile or electronic (email) transmission (with a portable document format or similar attachment) to the Trustee, MUFG Union Bank, N.A., 1251 Avenue of the Xxxxxxxxaddressed as follows: U.S. Bank National Association 600 Xxxx Xxxxx Xxxxxx, 00xx XxxxxXxxxx Xxx Xxxxxxx, Xxx Xxxx, Xxx Xxxx 00000, Xxxxxxxxxx 00000 Attention: Corporate Trust AdministrationServices (Kxxxxx Realty, Fax L.P. 5.000% Senior Notes due 2015) Facsimile No.: (000) 000-000-0000; Email: XxxxxxxXxxxxxxxxxxxxx-XxxxxxxxxXxxxx@xxxxxxxxx.xxx and XXXX0@xxxxxxxxx.xxx. 0000 The Trustee, by notice to the CompanyIssuer, may designate additional or different addresses or delivery methods for subsequent notices or communications. Any notice or communication mailed to a Holder Noteholder shall be mailed to it by first class mail, postage prepaid, at its such Noteholder’s address as it appears on the Note Register and shall be sufficiently given to it such Noteholder if so mailed within the time prescribed; provided that notices given or communications made to Holders of any Global Note a beneficial holder may be given through the facilities of the Depositary therefor (and notice provided in such manner will be deemed to be “written” notice and to satisfy any requirement in this Indenture or accordance with the Notes to “mail” notice to the applicable Holder)Depositary’s customary procedures. Failure to mail a notice or communication to a Holder Noteholder or any defect in it shall not affect its sufficiency with respect to other HoldersNoteholders. If a notice or communication is mailed or given in the manner provided above, it is duly given, whether or not the addressee receives it. In case by reason of the suspension of regular mail service or by reason of any other cause it shall be impracticable to give such notice to Holders by mail, then such notification as shall be made with the approval of the Trustee shall constitute a sufficient notification for every purpose hereunder.

Appears in 1 contract

Samples: Indenture (Kilroy Realty, L.P.)

Addresses for Notices, Etc. Any notice or demand that which by any provision of this Indenture is required or permitted to be given or served by the Trustee or by the Holders of Notes on the Company Issuer or the Guarantor shall be in writing and shall be deemed to have been sufficiently given or made, for all purposes purposes, if given or served by being deposited postage prepaid by registered or certified mail in a post office letter box addressed (until another address is filed by the Company with the Trustee) to Encore Capital Group, Inc., 0000 Xxxxxx Xxx Xxx Xxxxx, Xxxxx 000, Xxx Xxxxx, Xxxxxxxxxx 00000, Attention: General Counselbox, or sent electronically in PDF format. All notices by overnight courier, or sent by telecopier transmission addressed as follows: To Issuer: Xxxxxx Realty, L.P. 00000 Xxxx Xxxxxxx Xxxxxxxxx, Xxxxx 000 Xxx Xxxxxxx, Xxxxxxxxxx 00000 Telecopier No.: (000) 000-0000 Attention: Chief Financial Officer To Guarantor: Xxxxxx Realty Corporation 00000 Xxxx Xxxxxxx Xxxxxxxxx, Xxxxx 000 Xxx Xxxxxxx, Xxxxxxxxxx 00000 Telecopier No.: (000) 000-0000 Attention: Chief Financial Officer Any notice, direction, request or demand hereunder to or upon the Trustee in its capacity as Trustee, Paying Agent or Conversion Agent under this Agreement shall be maileddeemed to have been sufficiently given or made, first classfor all purposes, when received after being given or served by being deposited, postage prepaid, personally delivered by registered or certified mail in a post office letter box, or sent via by overnight courier, or sent by facsimile or electronic (email) transmission (with a portable document format or similar attachment) to the Trustee, MUFG Union Bank, N.A., 1251 Avenue of the Xxxxxxxxaddressed as follows: U.S. Bank National Association 000 Xxxx Xxxxx Xxxxxx, 00xx XxxxxXxxxx Xxx Xxxxxxx, Xxx Xxxx, Xxx Xxxx 00000, Xxxxxxxxxx 00000 Attention: Corporate Trust AdministrationServices (Xxxxxx Realty, Fax L.P. 3.250% Exchangeable Senior Notes due 2012) Facsimile No.: (000) 000-000-0000; Email: XxxxxxxXxxxxxxxxxxxxx-XxxxxxxxxXxxxx@xxxxxxxxx.xxx and XXXX0@xxxxxxxxx.xxx. 0000 The Trustee, by notice to the CompanyIssuer, may designate additional or different addresses or delivery methods for subsequent notices or communications. Any notice or communication mailed to a Holder Noteholder shall be mailed to it by first class mail, postage prepaid, at its such Noteholder’s address as it appears on the Note Register and shall be sufficiently given to it such Noteholder if so mailed within the time prescribed; provided that notices given or communications made to Holders of any Global Note a beneficial holder may be given through the facilities of the Depositary therefor (and notice provided in such manner will be deemed to be “written” notice and to satisfy any requirement in this Indenture or accordance with the Notes to “mail” notice to the applicable Holder)Depositary’s customary procedures. Failure to mail a notice or communication to a Holder Noteholder or any defect in it shall not affect its sufficiency with respect to other HoldersNoteholders. If a notice or communication is mailed or given in the manner provided above, it is duly given, whether or not the addressee receives it. In case by reason of the suspension of regular mail service or by reason of any other cause it shall be impracticable to give such notice to Holders by mail, then such notification as shall be made with the approval of the Trustee shall constitute a sufficient notification for every purpose hereunder.

Appears in 1 contract

Samples: Indenture (Kilroy Realty Corp)

Addresses for Notices, Etc. Any notice or demand that which by any provision of this Indenture is required or permitted to be given or served by the Trustee or by the Holders holders of Notes on the Company and any notice, direction, request or demand hereunder to or upon the Guarantor Trustee or to or upon any Noteholder shall be deemed to have been sufficiently given or made, for all purposes if given (i) upon receipt, when delivered personally; (ii) upon receipt, when sent by facsimile (evidence by mechanically or served by being deposited postage prepaid by registered or certified mail in a post office letter box addressed (until another address is filed electronically generated receipt by the Company sender’s facsimile machine); or (iii) one (1) Business Day after deposit with a nationally recognized overnight delivery service, in each case properly addressed to the Trustee) party to Encore Capital Groupreceive the same. The addresses and facsimile numbers of such communications shall be: If to the Company: Electroglas, Inc., Inc. 0000 Xxxxxx Xxxxxxxxx Xxx Xxx Xxxxx, Xxxxx 000, Xxx XxxxxXxxx, Xxxxxxxxxx 00000, 00000 Telephone: (000) 000-0000 Facsimile: (000) 000-0000 Attention: General Counsel, or sent electronically in PDF format. All notices to the Trustee in its capacity as Trustee, Paying Agent or Conversion Agent under this Agreement shall be mailed, first class, postage prepaid, personally delivered or sent via facsimile or electronic (email) transmission (Xxxxxx X. Xxxxx with a portable document format or similar attachmentcopy to: Xxxxxxxx & Xxxxxxxx, LLP 000 Xxxx Xxxx Xxxx Xxxx Xxxx, Xxxxxxxxxx Telephone: (000) 000-0000 Facsimile: (000) 000-0000 Attention: Xxxxxx Xxxxxxx, Esq. If to the Trustee: The Bank of New York Trust Company, MUFG Union BankN.A. 000 Xxxxx Xxxxxx Xxxxxx Xxx Xxxxxxx, N.A., 1251 Avenue of the Xxxxxxxx, 00xx Xxxxx, Xxx Xxxx, Xxx Xxxx 00000, XX 00000 Telephone: (000) 000-0000 Facsimile: (000) 000-0000 Attention: Corporate Trust AdministrationAdministration If to a Noteholder: At the address and facsimile number of such Noteholder, Fax 000-000-0000; Email: XxxxxxxXxxxxxxxxxxxxx-XxxxxxxxxXxxxx@xxxxxxxxx.xxx and XXXX0@xxxxxxxxx.xxxas set forth on the Note Register, which shall initially include the information set forth in the Securities Purchase Agreement regarding notices. The Trustee, by notice to the Company, may designate additional or different addresses or delivery methods for subsequent notices or communications. Any The Trustee shall use reasonable commercial efforts to provide any notice or communication mailed of default, notice of redemption and notice of conversion to each holder by facsimile, if and to the extent such holder’s facsimile number is set forth in the Note Register. The Trustee agrees to accept and act upon facsimile transmission of written instructions and/or directions pursuant to this Indenture given by the Company, provided, however that: (i) the Company, subsequent to such facsimile transmission of written instructions and/or directions, shall provide the originally executed instructions and/or directions to the Trustee in a Holder timely manner and (ii) such originally executed instructions and/or directions shall be mailed to it signed by first class mail, postage prepaid, at its address as it appears on the Note Register and shall be sufficiently given to it if so mailed within the time prescribed; provided that notices given to Holders of any Global Note may be given through the facilities an authorized officer of the Depositary therefor (and notice provided in such manner will be deemed to be “written” notice and to satisfy any requirement in Company who could execute an Officer’s Certificate under this Indenture or the Notes to “mail” notice to the applicable Holder)Indenture. Failure to mail give a notice or communication to a Holder Noteholder or any defect in it shall not affect its sufficiency with respect to other HoldersNoteholders. If a notice or communication is mailed given or made in the manner provided above, it is duly givengiven or made, whether or not the addressee receives it. In case by reason of the suspension of regular mail service or by reason of any other cause it shall be impracticable to give such notice to Holders by mail, then such notification as shall be made with the approval of the Trustee shall constitute a sufficient notification for every purpose hereunder.

Appears in 1 contract

Samples: Electroglas Inc

Addresses for Notices, Etc. Any notice or demand that which by any provision of this Indenture is required or permitted to be given or served by the Trustee or by the Holders of Notes on the Company Issuer or the Guarantor shall be in writing and shall be deemed to have been sufficiently given or made, for all purposes purposes, if given or served by being deposited postage prepaid by registered or certified mail in a post office letter box addressed (until another address is filed by the Company with the Trustee) to Encore Capital Group, Inc., 0000 Xxxxxx Xxx Xxx Xxxxx, Xxxxx 000, Xxx Xxxxx, Xxxxxxxxxx 00000, Attention: General Counselbox, or sent electronically in PDF format. All notices by overnight courier, or sent by telecopier transmission addressed as follows: To Issuer: Essex Portfolio, L.P. 900 Xxxx Xxxxxx Xxxxx Xxxx Xxxx, Xxxxxxxxxx 00000 Fax: (000) 000-0000 Attention: Mxxxxxx Dance, Chief Financial Officer To Guarantor: Essex Property Trust, Inc. 900 Xxxx Xxxxxx Xxxxx Xxxx Xxxx, Xxxxxxxxxx 00000 Fax: (000) 000-0000 Attention: Mxxxxxx Dance, Chief Financial Officer Any notice, direction, request or demand hereunder to or upon the Trustee in its capacity as Trustee, Paying Agent or Conversion Agent under this Agreement shall be maileddeemed to have been sufficiently given or made, first classfor all purposes, if given or served by being deposited, postage prepaid, personally delivered by registered or certified mail in a post office letter box, or sent via facsimile by overnight courier, or electronic sent by telecopier transmission addressed as follows: U.S. Bank National Association Global Corporate Trust Services Oxx Xxxxxxxxxx Xxxxxx, Xxxxx 0000 00 Xxx Xxxxxxxxx, Xxxxxxxxxx 00000 Fax: (email000) transmission (with a portable document format or similar attachment) to the Trustee, MUFG Union Bank, N.A., 1251 Avenue of the Xxxxxxxx, 00xx Xxxxx, Xxx Xxxx, Xxx Xxxx 00000, 000-0000 Attention: Corporate Trust Administration, Fax 000-000-0000; Email: XxxxxxxXxxxxxxxxxxxxx-XxxxxxxxxXxxxx@xxxxxxxxx.xxx and XXXX0@xxxxxxxxx.xxx. Axxxxx Xxxx (Essex Portfolio) The Trustee, by notice to the CompanyIssuer, may designate additional or different addresses or delivery methods for subsequent notices or communications. Any notice or communication mailed to a Holder Noteholder shall be mailed to it by first class mail, postage prepaid, at its such Noteholder’s address as it appears on the Note Register and shall be sufficiently given to it such Noteholder if so mailed within the time prescribed; provided that notices given to Holders of any Global Note may be given through the facilities of the Depositary therefor (and notice provided in such manner will be deemed to be “written” notice and to satisfy any requirement in this Indenture or the Notes to “mail” notice to the applicable Holder). Failure to mail a notice or communication to a Holder Noteholder or any defect in it shall not affect its sufficiency with respect to other HoldersNoteholders. If a notice or communication is mailed in the manner provided above, it is duly given, whether or not the addressee receives it. In case by reason of the suspension of regular mail service or by reason of any other cause it shall be impracticable to give such notice to Holders by mail, then such notification as shall be made with the approval of the Trustee shall constitute a sufficient notification for every purpose hereunder.

Appears in 1 contract

Samples: Indenture (Essex Portfolio Lp)

Addresses for Notices, Etc. Any notice or demand that which by any provision of this Indenture is required or permitted to be given or served by the Trustee or by the Holders of Notes on the Company Issuer or the Guarantor shall be in writing and shall be deemed to have been sufficiently given or made, for all purposes purposes, if given or served by being deposited postage prepaid by registered or certified mail in a post office letter box box, or sent by overnight courier, or sent by telecopier transmission addressed (until another address is filed by the Company with the Trustee) to Encore Capital Groupas follows: To Issuer: 80 MPT Operating Partnership, Inc., 0000 L.P. 1000 Xxxxx Xxxxxx Xxx Xxx Xxxxx, Xxxxx 000 Xxxxxxxxxx, Xxxxxxx 00000 Telecopier No.: 200-000, Xxx Xxxxx, Xxxxxxxxxx 00000, -0000 Attention: General CounselCounsel To Guarantor: Medical Properties Trust, Inc. 1000 Xxxxx Xxxxxx Xxxxx, Xxxxx 000 Xxxxxxxxxx, Xxxxxxx 00000 Telecopier No.: 200-000-0000 Attention: General Counsel Any notice, direction, request or sent electronically in PDF format. All notices demand hereunder to or upon the Trustee in its capacity as Trustee, Paying Agent or Conversion Agent under this Agreement shall be maileddeemed to have been sufficiently given or made, first classfor all purposes, if given or served by being deposited, postage prepaid, personally delivered by registered or certified mail in a post office letter box, or sent via by overnight courier, or sent by facsimile or electronic (email) transmission (with a portable document format or similar attachment) to the Trusteeaddressed as follows: Wilmington Trust Company, MUFG Union Bankas Trustee Rxxxxx Square North 1000 Xxxxx Xxxxxx Xxxxxx Xxxxxxxxxx, N.A., 1251 Avenue of the Xxxxxxxx, 00xx Xxxxx, Xxx Xxxx, Xxx Xxxx XX 00000, -0000 Attention: Corporate Trust Administration, Fax 000Capital Markets Facsimile No.: 300-000-0000; Email: XxxxxxxXxxxxxxxxxxxxx-XxxxxxxxxXxxxx@xxxxxxxxx.xxx and XXXX0@xxxxxxxxx.xxx. 0000 The Trustee, by notice to the CompanyIssuer, may designate additional or different addresses or delivery methods for subsequent notices or communications. Any notice or communication mailed to a Holder Noteholder shall be mailed to it by first class mail, postage prepaid, at its such Noteholder’s address as it appears on the Note Register and shall be sufficiently given to it such Noteholder if so mailed within the time prescribed; provided that notices given to Holders of any Global Note may be given through the facilities of the Depositary therefor (and notice provided in such manner will be deemed to be “written” notice and to satisfy any requirement in this Indenture or the Notes to “mail” notice to the applicable Holder). Failure to mail a notice or communication to a Holder Noteholder or any defect in it shall not affect its sufficiency with respect to other HoldersNoteholders. If a notice or communication is mailed or given in the manner provided above, it is duly given, whether or not the addressee receives it. In case by reason of the suspension of regular mail service or by reason of any other cause it shall be impracticable to give such notice to Holders by mail, then such notification as shall be made with the approval of the Trustee shall constitute a sufficient notification for every purpose hereunder.

Appears in 1 contract

Samples: Indenture (Medical Properties Trust Inc)

Addresses for Notices, Etc. Any notice or demand that which by any provision of this Indenture is required or permitted to be given or served by the Trustee or by the Holders holders of Notes on the Company or the Guarantor Issuer shall be in writing and shall be deemed to have been sufficiently given or made, for all purposes purposes, if given or served by being deposited postage prepaid by registered or certified mail in a post office letter box addressed (until another address is filed by the Company with the Trustee) to Encore Capital Group, Inc., 0000 Xxxxxx Xxx Xxx Xxxxx, Xxxxx 000, Xxx Xxxxx, Xxxxxxxxxx 00000, Attention: General Counselbox, or sent electronically in PDF format. All notices by overnight courier, or sent by telecopier transmission addressed as follows: Luminent Mortgage Capital, Inc. 000 Xxxxxxxxxx Xxxxxx, Xxxx 0000 Xxx Xxxxxxxxx, Xxxxxxxxxx 00000 Telecopier No.: 000-000-0000 Attention: Chief Financial Officer Any notice, direction, request or demand hereunder to or upon the Trustee in its capacity as Trustee, Paying Agent or Conversion Agent under this Agreement shall be maileddeemed to have been sufficiently given or made, first classfor all purposes, if given or served by being deposited, postage prepaid, personally delivered by registered or certified mail in a post office letter box, or sent via facsimile by overnight courier, or electronic (email) sent by telecopier transmission (with a portable document format or similar attachment) to the Trustee, MUFG Union addressed as follows: Xxxxx Fargo Bank, N.A., 1251 Avenue of the XxxxxxxxSixth Street and Marquette Avenue, 00xx XxxxxMAC N9311-110, Xxx XxxxXxxxxxxxxxx, Xxx Xxxx Xxxxxxxxx 00000, Telecopier No.: (000) 000-0000, Attention: Corporate Trust AdministrationServices, Fax 000-000-0000; Email: XxxxxxxXxxxxxxxxxxxxx-XxxxxxxxxXxxxx@xxxxxxxxx.xxx and XXXX0@xxxxxxxxx.xxxLuminent Mortgage Administrator. The Trustee, by notice to the CompanyIssuer, may designate additional or different addresses or delivery methods for subsequent notices or communications. Any notice or communication mailed to a Holder Noteholder shall be mailed to it by first class mail, postage prepaid, at its such Noteholder’s address as it appears on the Note Register and shall be sufficiently given to it such Noteholder if so mailed within the time prescribed; provided that notices given to Holders of any Global Note may be given through the facilities of the Depositary therefor (and notice provided in such manner will be deemed to be “written” notice and to satisfy any requirement in this Indenture or the Notes to “mail” notice to the applicable Holder). Failure to mail a notice or communication to a Holder Noteholder or any defect in it shall not affect its sufficiency with respect to other HoldersNoteholders. If a notice or communication is mailed in the manner provided above, it is duly given, whether or not the addressee receives it. In case by reason of the suspension of regular mail service or by reason of any other cause it shall be impracticable to give such notice to Holders by mail, then such notification as shall be made with the approval of the Trustee shall constitute a sufficient notification for every purpose hereunder.

Appears in 1 contract

Samples: Indenture (Luminent Mortgage Capital Inc)

Addresses for Notices, Etc. Any notice or demand that which by any provision of this Indenture is required or permitted to be given or served by the Trustee or by the Holders Noteholders on the Company or the Guarantor shall be deemed to have been sufficiently given or made, for all purposes if given or served by being deposited postage prepaid by registered or certified mail in a post office letter box addressed (until another address is filed by the Company with the Trustee) to Encore Capital GroupFifth Street Finance Corp., Inc.00 Xxxx Xxxxxx, 0000 Xxxxxx Xxx Xxx 00xx Xxxxx, Xxxxx 000Xxxxxx, Xxx Xxxxx, Xxxxxxxxxx Xxxx 00000, Attention: General CounselXxxxxxx X. Xxxxxx. Any notice, direction, request or demand hereunder to or upon the Trustee shall be given or served by being deposited postage prepaid by registered or certified mail in a post office letter box addressed, or sent electronically in PDF format. All notices by facsimile, to the Trustee in its capacity as TrusteeDeutsche Bank Trust Company Americas, Paying Agent or Conversion Agent under this Agreement shall be mailedTrust and Securities Services, first class00 Xxxx Xxxxxx, postage prepaid, personally delivered or sent via facsimile or electronic (email) transmission (with a portable document format or similar attachment) to the Trustee, MUFG Union Bank, N.A., 1251 Avenue of the Xxxxxxxx, 00xx XxxxxXX XXX 00-0000, Xxx Xxxx, Xxx Xxxx 00000, Attention: Corporate Trust AdministrationDeal Manager — Fifth Street Finance Corp., Fax Tel: (000-) 000-0000; Email, Fax: XxxxxxxXxxxxxxxxxxxxx-XxxxxxxxxXxxxx@xxxxxxxxx.xxx and XXXX0@xxxxxxxxx.xxx(000) 000-0000, with a copy to Deutsche Bank Trust Company Americas, c/o Deutsche Bank National Trust Company, Trust & Securities Services, 000 Xxxxx Xxx, XX XXX 00-0000, Xxxxxx Xxxx, Xxx Xxxxxx 00000, Attention: Corporates Team Deal Manager — Fifth Street Finance Corp., Tel: (000) 000-0000, Fax: (000) 000-0000. The Trustee, by notice to the Company, may designate additional or different addresses or delivery methods for subsequent notices or communications. Any notice or communication mailed to a Holder Noteholder shall be mailed to it him by first class mail, postage prepaid, at its his address as it appears on the Note Register and shall be sufficiently given to it him if so mailed within the time prescribed; provided that notices given to Holders of any Global Note may be given through the facilities of the Depositary therefor (and notice provided in such manner will be deemed to be “written” notice and to satisfy any requirement in this Indenture or the Notes to “mail” notice to the applicable Holder). Failure to mail a notice or communication to a Holder Noteholder or any defect in it shall not affect its sufficiency with respect to other HoldersNoteholders. If a notice or communication is mailed in the manner provided above, it is duly given, whether or not the addressee receives it. In case by reason of the suspension of regular mail service or by reason of any other cause it shall be impracticable to give such notice to Holders by mail, then such notification as shall be made with the approval of the Trustee shall constitute a sufficient notification for every purpose hereunder.

Appears in 1 contract

Samples: Fifth Street Finance Corp

Addresses for Notices, Etc. Any notice or demand that which by any provision of this Indenture is required or permitted to be given or served by the Trustee or by the Holders of Notes on the Company Issuer or the Guarantor shall be in writing and shall be deemed to have been sufficiently given or made, for all purposes purposes, if given or served by being deposited postage prepaid by registered or certified mail in a post office letter box box, or sent by overnight courier, or sent by telecopier transmission addressed as follows: To Issuer: BioMed Realty, L.P. 00000 Xxxxxxxx Xxxxxx Drive San Diego, California 92128 Telecopier No.: (until another address is filed by the Company with the Trustee000) to Encore Capital Group, Inc., 000-0000 Xxxxxx Xxx Xxx Xxxxx, Xxxxx 000, Xxx Xxxxx, Xxxxxxxxxx 00000, Attention: General CounselCounsel To Guarantor: BioMed Realty Trust, Inc. 00000 Xxxxxxxx Xxxxxx Drive San Diego, California 92128 Telecopier No.: (000) 000-0000 Attention: General Counsel Any notice, direction, request or sent electronically in PDF format. All notices demand hereunder to or upon the Trustee in its capacity as Trustee, Paying Agent or Conversion Agent under this Agreement shall be maileddeemed to have been sufficiently given or made, first classfor all purposes, if given or served by being deposited, postage prepaid, personally delivered by registered or certified mail in a post office letter box, or sent via facsimile by overnight courier, or electronic (email) sent by telecopier transmission (with a portable document format or similar attachment) to the Trustee, MUFG Union Bank, N.A., 1251 Avenue of the Xxxxxxxxaddressed as follows: U.S. Bank National Association 000 Xxxx Xxxxx Xxxxxx, 00xx XxxxxXxxxx Xxx Xxxxxxx, Xxx Xxxx, Xxx Xxxx 00000, Xxxxxxxxxx 00000 Telecopier No.: (000) 000-0000 Attention: Xxxxx X. Xxxxxx, Corporate Trust Administration, Fax 000-000-0000; Email: XxxxxxxXxxxxxxxxxxxxx-XxxxxxxxxXxxxx@xxxxxxxxx.xxx and XXXX0@xxxxxxxxx.xxx. Services (BioMed Realty 0000 Xxxxxxxxx 6.125% Senior Notes due 2020) The Trustee, by notice to the CompanyIssuer, may designate additional or different addresses or delivery methods for subsequent notices or communications. Any notice or communication mailed to a Holder Noteholder shall be mailed to it by first class mail, postage prepaid, at its such Noteholder’s address as it appears on the Note Register and shall be sufficiently given to it such Noteholder if so mailed within the time prescribed; provided that notices given to Holders of any Global Note may be given through the facilities of the Depositary therefor (and notice provided in such manner will be deemed to be “written” notice and to satisfy any requirement in this Indenture or the Notes to “mail” notice to the applicable Holder). Failure to mail a notice or communication to a Holder Noteholder or any defect in it shall not affect its sufficiency with respect to other HoldersNoteholders. If a notice or communication is mailed in the manner provided above, it is duly given, whether or not the addressee receives it. In case by reason of the suspension of regular mail service or by reason of any other cause it shall be impracticable to give such notice to Holders by mail, then such notification as shall be made with the approval of the Trustee shall constitute a sufficient notification for every purpose hereunder.

Appears in 1 contract

Samples: Indenture (BioMed Realty Trust Inc)

Addresses for Notices, Etc. Any notice or demand that which by any provision of this Indenture is required or permitted to be given or served by the Trustee or by the Holders of Notes on the Company Issuer or the Guarantor shall be in writing and shall be deemed to have been sufficiently given or made, for all purposes purposes, if given or served by being deposited postage prepaid by registered or certified mail in a post office letter box addressed (until another address is filed by the Company with the Trustee) to Encore Capital Group, Inc., 0000 Xxxxxx Xxx Xxx Xxxxx, Xxxxx 000, Xxx Xxxxx, Xxxxxxxxxx 00000, Attention: General Counselbox, or sent electronically in PDF format. All notices by overnight courier, or sent by telecopier transmission addressed as follows: To Issuer: Extra Space Storage LP 0000 Xxxx Xxxxxxxxxx Xxxxxxx Xxxxx 000 Xxxx Xxxx Xxxx, Xxxx 00000 Telecopier No.: (000) 000-0000 Attention: Corporate Legal Counsel To Guarantor: Extra Space Storage Inc. 0000 Xxxx Xxxxxxxxxx Xxxxxxx Xxxxx 000 Xxxx Xxxx Xxxx, Xxxx 00000 Telecopier No.: (000) 000-0000 Attention: Corporate Legal Counsel Any notice, direction, request or demand hereunder to or upon the Trustee in its capacity as Trustee, Paying Agent or Conversion Agent under this Agreement shall be maileddeemed to have been sufficiently given or made, first classfor all purposes, if given or served by being deposited, postage prepaid, personally delivered by registered or certified mail in a post office letter box, or sent via facsimile by overnight courier, or electronic (email) sent by telecopier transmission (with a portable document format or similar attachment) to the Trustee, MUFG Union addressed as follows: Xxxxx Fargo Bank, N.A.N.A. Corporate Trust Services MAC N-9303-120 000 0xx Xxxxxx Xxxxx Xxxxxxxxxxx, 1251 Avenue of the Xxxxxxxx, 00xx Xxxxx, Xxx Xxxx, Xxx Xxxx 00000, XX 00000 Telecopier No.: (000) 000-0000 Attention: Corporate Trust Administration, Fax 000-000-0000; Email: XxxxxxxXxxxxxxxxxxxxx-XxxxxxxxxXxxxx@xxxxxxxxx.xxx and XXXX0@xxxxxxxxx.xxx. Extra Space Storage Account Manager The Trustee, by notice to the CompanyIssuer, may designate additional or different addresses or delivery methods for subsequent notices or communications. Any notice or communication mailed delivered to a Holder Noteholder shall be mailed to it by first class mail, postage prepaid, delivered at its such Noteholder’s address as it appears on the Note Register and shall be sufficiently given to it such Noteholder if so mailed delivered within the time prescribed; provided that notices given to Holders of any Global Note may be given through the facilities of the Depositary therefor (and notice provided in such manner will be deemed to be “written” notice and to satisfy any requirement in this Indenture or the Notes to “mail” notice to the applicable Holder). Failure to mail deliver a notice or communication to a Holder Noteholder or any defect in it shall not affect its sufficiency with respect to other HoldersNoteholders. If a notice or communication is mailed delivered in the manner provided above, it is duly given, whether or not the addressee receives it. In case by reason of the suspension of regular mail service or by reason of any other cause it shall be impracticable to give such notice to Holders by mail, then such notification as shall be made with the approval of the Trustee shall constitute a sufficient notification for every purpose hereunder.

Appears in 1 contract

Samples: Extra Space Storage Inc.

Addresses for Notices, Etc. Any notice or demand that which by --------------------------- any provision of this Indenture is required or permitted to be given or served by the Trustee or by the Holders holders of Securities on the Company or the Guarantor shall be deemed to have been sufficiently given or made, for all purposes purposes, if given or served by being deposited postage prepaid by registered or certified mail in a post office letter box addressed (until another address is filed by the Company with the Trustee) to Encore Capital GroupSystem Software Associates, Inc., 0000 Xxxxxx Xxx Xxx Xxxxx, Xxxxx 000, Xxx Xxxxx, Xxxxxxxxxx 00000, Attention: General Counsel, or sent electronically in PDF format. All notices to the Trustee in its capacity as Trustee, Paying Agent or Conversion Agent under this Agreement shall be mailed, first class, postage prepaid, personally delivered or sent via facsimile or electronic (email) transmission (with a portable document format or similar attachment) to the Trustee, MUFG Union Bank, N.A., 1251 Avenue of the Xxxxxxxx000 Xxxx Xxxxxxx Xxxxxx, 00xx Xxxxx, Xxx XxxxXxxxxxx, Xxx Xxxx Xxxxxxxx 00000, AttentionAttn: Chief Financial Officer. Any notice, direction, request or demand hereunder to or upon the Trustee shall be deemed to have been sufficiently given or made, for all purposes, if given or served by being deposited postage prepaid by registered or certified mail in a post office letter box addressed to the Corporate Trust AdministrationOffice, Fax 000-000-0000; Emailwhich office is, at the date as of which this Indenture is dated, located at 000 Xxxx Xxxxxx Xxxxxx, 00xx Xxxxx, Xxxxxxx, Xxxxxxxx 00000, Attn.: XxxxxxxXxxxxxxxxxxxxx-XxxxxxxxxXxxxx@xxxxxxxxx.xxx and XXXX0@xxxxxxxxx.xxxIndenture Trust Department. The Trustee, by notice to the Company, may designate additional or different addresses or delivery methods for subsequent notices or communications. Any notice or communication mailed to a Holder Securityholder shall be mailed to it him by first class mail, postage prepaid, at its his address as it appears on the Note Register Security register and shall be sufficiently given to it him if so mailed within the time prescribed; provided that notices given to Holders of any Global Note may be given through the facilities of the Depositary therefor (and notice provided in such manner will be deemed to be “written” notice and to satisfy any requirement in this Indenture or the Notes to “mail” notice to the applicable Holder). Failure to mail a notice or communication to a Holder Securityholder or any defect in it shall not affect its sufficiency with respect to other HoldersSecurityholders. If a notice or communication is mailed in the manner provided above, it is duly given, whether or not the addressee receives it. In case by reason of the suspension of regular mail service or by reason of any other cause it shall be impracticable to give such notice to Holders by mail, then such notification as shall be made with the approval of the Trustee shall constitute a sufficient notification for every purpose hereunder.

Appears in 1 contract

Samples: Indenture (System Software Associates Inc)

Addresses for Notices, Etc. Any notice or demand that by any provision of this Indenture is required or permitted to be given or served by the Trustee or by the Holders on the Company or the any Guarantor shall be in writing (including facsimile and electronic mail in PDF format) and shall be deemed to have been sufficiently given or made, for all purposes if given or served by being deposited postage prepaid by registered or certified mail in a post office letter box addressed (until another address is filed furnished by the Company with or any Guarantor to the Trustee) to Encore Capital Group000 0xx Xxxxxx, Inc.Xxxxxxx, 0000 Xxxxxx Xxx Xxx Xxxxx, Xxxxx 000, Xxx Xxxxx, Xxxxxxxxxx Xxxxxxxxxxxxx 00000, ; Attention: Senior Vice President, General CounselCounsel & Secretary, or sent electronically in PDF format. All notices format to the Trustee in its capacity as Trusteefollowing e-mail address: xxxxxxxx@xxxxxxxxxxx.xxx, Paying Agent or Conversion Agent under this Agreement shall be mailed, first class, postage prepaid, personally delivered or sent via facsimile or electronic (email) transmission (with a portable document format or similar attachmentcopy (which shall not constitute notice) to the TrusteeXxxxxxxx & Xxxxx LLP, MUFG Union Bank, N.A., 1251 Avenue of the Xxxxxxxx, 00xx Xxxxx000 Xxxxxxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000, Attention00000 (fax: Corporate Trust Administration, Fax (000-) 000-0000); EmailAttention: XxxxxxxXxxxxxxxxxxxxx-XxxxxxxxxXxxxx@xxxxxxxxx.xxx Xxxx X. Xxxx, P.C., or sent electronically in PDF format to the following email address: xxxx.xxxx@xxxxxxxx.xxx. Any notice, direction, request or demand hereunder to or upon the Trustee shall be in writing (including facsimile and XXXX0@xxxxxxxxx.xxxelectronic mail in PDF format) and shall be deemed to have been sufficiently given or made, for all purposes, if given or served by being deposited postage prepaid by registered or certified mail in a post office letter box addressed to the Corporate Trust Office or sent electronically in PDF format to the following e-mail address: xxxxx.xxxxxxxx@xxxxxx.xxx. The Trustee, by notice to the Company, may designate additional or different addresses or delivery methods for subsequent notices or communications. Any notice or communication mailed delivered or to be delivered to a Holder of Certificated Notes shall be mailed to it by first class mail, postage prepaid, at its address as it appears on the Note Register (or sent electronically in PDF format to the e-mail address of such Holder, if any, specified on the Note Register) and shall be sufficiently given to it if so mailed (or sent, in the case of an electronic transmission) within the time prescribed; provided that notices given . Any notice or communication delivered or to Holders be delivered to a Holder of any Global Note may Notes shall be given through delivered in accordance with the facilities Applicable Procedures of the Depositary therefor (and notice provided in such manner will shall be deemed sufficiently given to be “written” notice and to satisfy any requirement in this Indenture or it if so delivered within the Notes to “mail” notice to the applicable Holder)time prescribed. Failure to mail send a notice or communication to a Holder or any defect in it shall not affect its sufficiency with respect to other Holders. If a notice or communication is mailed sent in the manner provided above, it is duly given, whether or not the addressee receives it. In case by reason of the suspension of regular mail service or by reason of any other cause it shall be impracticable to give such notice to Holders by mailmail (or electronically in PDF format), then such notification as shall be made with the approval of the Trustee shall constitute a sufficient notification for every purpose hereunder. In addition to the foregoing, the Trustee agrees to accept and act upon notice, instructions or directions pursuant to this Indenture sent by unsecured e-mail, pdf, facsimile transmission or other similar unsecured electronic methods. If the party elects to give the Trustee e-mail or facsimile instructions (or instructions by a similar electronic method) and the Trustee in its discretion elects to act upon such instructions, the Trustee’s understanding of such instructions shall be deemed controlling. The Trustee shall not be liable for any losses, costs or expenses arising directly or indirectly from the Trustee’s reliance upon and compliance with such instructions notwithstanding such instructions conflict or are inconsistent with a subsequent written instruction. The party providing electronic instructions agrees to assume all risks arising out of the use of such electronic methods to submit instructions and directions to the Trustee, including without limitation the risk of the Trustee acting on unauthorized instructions, and the risk or interception and misuse by third parties.

Appears in 1 contract

Samples: Supplemental Indenture (TripAdvisor, Inc.)

Addresses for Notices, Etc. Any notice or demand that which by any provision of this Indenture is required or permitted to be given or served by the Trustee or by the Holders of Notes on the Company or the Guarantor shall be deemed to have been sufficiently given or made, for all purposes purposes, if given or served by being deposited deposited, postage prepaid prepaid, with an overnight courier or by registered or certified mail in a post office letter box addressed (until another address is filed by the Company with the Trustee) to Encore Capital GroupSpectraSite Holdings, Inc., 0000 000 Xxxxxxx Xxxxxx Xxx Xxx Xxxxx, Xxxxx 000, Xxx XxxxxXxxx, Xxxxxxxxxx Xxxxx Xxxxxxxx 00000, Attention: General CounselTreasurer. Any notice, direction, request or sent electronically in PDF format. All notices demand hereunder to or upon the Trustee in its capacity as Trustee, Paying Agent or Conversion Agent under this Agreement shall be maileddeemed given only when received and, first classfor all purposes, may be deposited, postage prepaid, personally delivered with an overnight courier or sent via facsimile by registered or electronic (email) transmission (with certified mail in a portable document format or similar attachment) post office letter box addressed to the TrusteeCorporate Trust Office, MUFG Union Bankwhich office is, N.A.at the date as of which this Indenture is dated, 1251 Avenue of the Xxxxxxxxlocated at 000 Xxxx 00xx Xxxxxx, 00xx Xxxxx, Xxx Xxxx, Xxx Xxxx 00000-0000, Attention: Corporate Trust AdministrationAdministration (SpectraSite Holdings, Fax 000-000-0000; Email: XxxxxxxXxxxxxxxxxxxxx-XxxxxxxxxXxxxx@xxxxxxxxx.xxx and XXXX0@xxxxxxxxx.xxxInc., 6 3/4% Senior Convertible Notes due 2010). The Trustee, by notice to the Company, may designate additional or different addresses or delivery methods for subsequent notices or communications. Any notice or communication mailed to a Holder Noteholder shall be mailed to it him by first class mail, postage prepaid, at its his address as it appears on the Note Register and shall be sufficiently given to it him if so mailed within the time prescribed; provided that notices given to Holders of any Global Note may be given through the facilities of the Depositary therefor (and notice provided in such manner will be deemed to be “written” notice and to satisfy any requirement in this Indenture or the Notes to “mail” notice to the applicable Holder). Failure to mail a notice or communication to a Holder Noteholder or any defect in it shall not affect its sufficiency with respect to other HoldersNoteholders. If a notice or communication is mailed in the manner provided above, it is duly given, whether or not the addressee receives it. In case by reason of the suspension of regular mail service or by reason of any other cause it shall be impracticable to give such notice to Holders by mail, then such notification as shall be made with the approval of the Trustee shall constitute a sufficient notification for every purpose hereunder.

Appears in 1 contract

Samples: Indenture (Spectrasite Holdings Inc)

Addresses for Notices, Etc. Any notice or demand that which by any provision of this Indenture is required or permitted to be given or served by the Trustee or by the Holders of Notes on the Company Issuer or the Guarantor shall be in writing and shall be deemed to have been sufficiently given or made, for all purposes purposes, if given or served by being deposited postage prepaid by registered or certified mail in a post office letter box addressed (until another address is filed by the Company with the Trustee) to Encore Capital Group, Inc., 0000 Xxxxxx Xxx Xxx Xxxxx, Xxxxx 000, Xxx Xxxxx, Xxxxxxxxxx 00000, Attention: General Counselbox, or sent electronically in PDF format. All notices by overnight courier, or hand delivered, or sent by facsimile transmission addressed as follows: To Issuer: Piedmont Operating Partnership, LP 00000 Xxxxx Xxxxx Parkway, Suite 350 Xxxxx Xxxxx, Xxxxxxx 00000-0000 Facsimile No.: (000) 000-0000 Attention: Chief Financial Officer To Guarantor: Piedmont Office Realty Trust, Inc. 00000 Xxxxx Xxxxx Parkway, Suite 350 Xxxxx Creek, Georgia 30097-1523 Facsimile No.: (000) 000-0000 Attention: Chief Financial Officer Any notice, direction, request or demand hereunder to or upon the Trustee in its capacity as Trustee, Paying Agent or Conversion Agent under this Agreement shall be mailedin writing and shall be deemed to have been sufficiently given or made, first classfor all purposes, when received after being given or served by being deposited, postage prepaid, personally delivered by registered or certified mail in a post office letter box, or sent via by overnight courier, or hand delivered, or sent by facsimile or electronic (email) transmission (with a portable document format or similar attachment) to the Trusteeaddressed as follows: U.S. Bank National Association Corporate Trust Services Xxx Xxxxxxx Xxxxxx, MUFG Union Bank0xx Xxxxx Xxxxxx, N.A., 1251 Avenue of the Xxxxxxxxxxxxx 00000 Attention: Xxxx X. Xxxxxxxx, 00xx XxxxxXx., Xxx Xxxx, Xxx Xxxx 00000, AttentionVice President Facsimile No.: Corporate Trust Administration, Fax (000) 000-000-0000; Email: XxxxxxxXxxxxxxxxxxxxx-XxxxxxxxxXxxxx@xxxxxxxxx.xxx and XXXX0@xxxxxxxxx.xxx. 0000 The Trustee, by notice to the CompanyIssuer, may designate additional or different addresses or delivery methods for subsequent notices or communications. Any notice or communication mailed to a Holder Noteholder shall be mailed to it by first class mail, postage prepaid, at its such Noteholder’s address as it appears on the Note Register and shall be sufficiently given to it such Noteholder if so mailed within the time prescribed; provided that notices given or communications made to Holders of any Global Note a beneficial holder may be given through the facilities of the Depositary therefor (and notice provided in such manner will be deemed to be “written” notice and to satisfy any requirement in this Indenture or accordance with the Notes to “mail” notice to the applicable Holder)Depositary’s customary procedures. Failure to mail a notice or communication to a Holder Noteholder or any defect in it shall not affect its sufficiency with respect to other HoldersNoteholders. If a notice or communication is mailed or given in the manner provided above, it is duly given, whether or not the addressee receives it. In case by reason of the suspension of regular mail service or by reason of any other cause it shall be impracticable to give such notice to Holders by mail, then such notification as shall be made with the approval of the Trustee shall constitute a sufficient notification for every purpose hereunder.

Appears in 1 contract

Samples: Piedmont Office Realty Trust, Inc.

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