Common use of Notice to Holders; Waiver Clause in Contracts

Notice to Holders; Waiver. Where this Indenture provides for notice or other communication to Holders of any event, such notice shall be sufficiently given (unless otherwise herein expressly provided) if given in writing and mailed by first class mail (registered or certified, return receipt requested) or sent by overnight air courier guaranteeing next Business Day delivery, to each Holder affected by such event, at such Holder’s address as it appears in the Security Register, not later than the latest date (if any), and not earlier than the earliest date (if any), prescribed for the giving of such notice or other communication. Any notice or other communication shall also be so mailed or sent to any Person described in Section 313(c) of the Trust Indenture Act, to the extent required by the Trust Indenture Act. Failure to mail or send a notice or other 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 sent in the manner provided above within the time prescribed, it is duly given, whether or not the addressee receives it. Where this Indenture provides for notice or other communication in any manner, such notice or other communication may be waived in writing by the Person entitled to receive such notice or other communication, either before or after the event, and such waiver shall be the equivalent of such notice or other communication. Waivers of notice or other communication by Holders shall be filed with the Trustee, but such filing shall not be a condition precedent to the validity of any action taken in reliance upon such waiver. If the Company mails a notice or communication to the Holders, it shall mail a copy to the Trustee at the same time. 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 or other communication by mail, then such notification as shall be made with the approval of the Trustee shall constitute a sufficient notification for every purpose hereunder. Where this Indenture provides for notice or other communication with respect to any event to a Holder of a Global Security, such notice or other communication shall be sufficiently given if given to the Depositary for such Security (or its designee), pursuant to its Applicable Procedures, not later than the latest date (if any), and not earlier than the earliest date (if any), prescribed for the giving of such notice or other communication.

Notice to Holders; Waiver. Where this Indenture provides for notice or other communication to Holders (including any notice of any eventredemption), such notice shall be sufficiently given (unless otherwise herein expressly provided) if given in writing (including facsimile or other electronic transmission) and mailed by first mailed, first-class mail (registered or certified, return receipt requested) or sent by overnight air courier guaranteeing next Business Day deliverypostage prepaid, to each Holder affected by such evententitled thereto, at such Holder’s his last address as it appears in the Security Register, not later than Register or if given to the latest date applicable Depositary (if any), and not earlier than or its designee) according to the earliest date (if any), prescribed for the giving applicable procedures of such notice or other communication. Any notice or other communication shall also be so mailed or sent to any Person described in Section 313(c) of the Trust Indenture Act, to the extent required by the Trust Indenture Act. Failure to mail or send a notice or other communication to a Holder or any defect in it shall not affect its sufficiency with respect to other HoldersDepositary. If a such notice or communication is mailed (or sent delivered by electronic transmission in accordance with the applicable procedures of the Depositary) in the manner provided above within the time prescribedprescribed herein, it is duly given, whether or not the addressee receives it. Where this Indenture provides for In any case where notice or other communication to Holders is given, neither the failure to send such notice, nor any defect in any mannernotice so sent, to any particular Holder shall affect the sufficiency of such notice or with respect to other communication Holders. Such notice may be waived in writing by the Person entitled to receive such notice or other communicationnotice, either before or after the event, and such waiver shall be the equivalent of such notice or other communicationnotice. Waivers of notice or other communication by Holders shall be filed with the Trustee, but such filing shall not be a condition precedent to the validity of any action taken in reliance upon such waiver. If the Company mails sends a notice or communication to the Holders, it shall mail will send a copy to the Trustee and each agent at the same time. In case by reason of the suspension of regular mail service or by reason of Notwithstanding any other cause it shall be impracticable to give such notice or other communication by mail, then such notification as shall be made with the approval provision of the Trustee shall constitute a sufficient notification for every purpose hereunder. Where this Indenture or any Security, where this Indenture or any Security provides for notice or other communication with respect to of any event (including any notice of redemption or purchase) to a Holder of a Global SecuritySecurity (whether by mail or otherwise), such notice or other communication shall be sufficiently given if given to the Depositary for such Security (or its designee), pursuant to its Applicable Proceduresthe standing instructions from the Depositary. Notices given by first-class mail, not later than the latest date (if any)postage prepaid, and not earlier than the earliest date (if any), prescribed for the giving of such notice or other communicationwill be deemed given five calendar days after mailing.

Notice to Holders; Waiver. Where this Indenture provides for notice or other communication to Holders of any event, such notice shall be sufficiently given (unless otherwise herein expressly provided) if given in writing and mailed by first mailed, first-class mail (registered or certified, return receipt requested) or sent by overnight air courier guaranteeing next Business Day deliverypostage prepaid, to each Holder affected by such event, at such Holder’s address as it appears in the Security Register, not later than the latest date (if any)date, and not earlier than the earliest date (if any)date, prescribed for the giving of such notice. In any case where notice or other communication. Any notice or other communication shall also be so mailed or sent to any Person described in Section 313(c) of Holders is given by mail, neither the Trust Indenture Act, to the extent required by the Trust Indenture Act. Failure failure to mail or send a notice or other communication to a Holder or such notice, nor any defect in it any notice so mailed, to any particular Holder shall not affect its the sufficiency of such notice with respect to other Holders. If Any notice mailed to a notice or communication is mailed or sent Holder in the manner provided above within the time prescribedherein prescribed shall be conclusively deemed to have been received by such Holder, it is duly given, regardless of whether or not the addressee such Holder actually receives itsuch notice. Where this Indenture provides for notice or other communication in any manner, such notice or other communication may be waived in writing by the Person entitled to receive such notice or other communicationnotice, either before or after the event, and such waiver shall be the equivalent of such notice or other communicationnotice. Waivers of notice or other communication by Holders shall be filed with the Trustee, but such filing shall not be a condition precedent to the validity of any action taken in reliance upon such waiver. If the Company mails a notice or communication to the Holders, In case it shall be impracticable to give such notice by mail a copy to the Trustee at the same time. 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 or other communication by mailcause, then such notification as shall be made with the approval of the Trustee shall constitute a sufficient notification for every purpose hereunder. Where Notwithstanding any other provision of this Indenture or any Security, where this Indenture or any Security provides for notice or other communication with respect to of any event (including any notice of redemption or purchase) to a Holder of a Global SecuritySecurity (whether by mail or otherwise), such notice or other communication shall be sufficiently given if given to the Depositary for such Security (or its designee), Depository pursuant to its Applicable Proceduresthe standing instructions from the Depository, not later than including by electronic mail in accordance with rules and procedures of the latest date (if any), and not earlier than the earliest date (if any), prescribed for the giving of such notice or other communicationDepository.

Notice to Holders; Waiver. Where this Indenture provides for notice or other communication to Holders of any event, such notice shall be sufficiently given (unless otherwise herein expressly provided) if given in writing and mailed by first class mail (registered or certified, return receipt requested) or sent by overnight air courier guaranteeing next Business Day delivery, to each Holder affected by such event, at such Holder’s address as it appears in the Security Register, not later than the latest date (if any), and not earlier than the earliest date (if any), prescribed for the giving of such notice or other communication. Any notice or other communication shall also be so mailed or sent to any Person described in Section 313(c) of the Trust Indenture Act, to the extent required by the Trust Indenture Act. Failure to mail or send a notice or other 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 sent in the manner provided above within the time prescribed, it is duly given, whether or not the addressee receives it. Where this Indenture provides for notice or other communication in any manner, such notice or other communication may be waived in writing by the Person entitled to receive such notice or other communication, either before or after the event, and such waiver shall be the equivalent of such notice or other communication. Waivers of notice or other communication by Holders shall be filed with the Trustee, but such filing shall not be a condition precedent to the validity of any action taken in reliance upon such waiver. If the Company mails a notice or communication to the Holders, it shall mail a copy to the Trustee at the same time. 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 or other communication by mail, then such notification as shall be made with the approval of the Trustee shall constitute a sufficient notification for every purpose hereunder. Where Notwithstanding anything to the contrary in this Indenture or the Securities, where this Indenture provides for notice or other communication with respect to any event to a Holder of a Global Security, such notice or other communication shall be sufficiently given if given to the Depositary for such Security (or its designee), pursuant to its Applicable Procedures, . The Trustee will not later than have any liability relating to the latest date (if any), and not earlier than the earliest date (if any), prescribed for the giving contents of such any notice that it sends to any Holder pursuant to any Company Order or other communicationCompany Request.

Notice to Holders; Waiver. Where this Indenture provides for notice or other communication to Holders of any event, such notice shall be sufficiently given (unless otherwise herein expressly provided) if given in writing and mailed by first class mail (registered or certified, return receipt requested) or sent by overnight air courier guaranteeing next Business Day delivery, to each Holder affected by such event, at such Holder’s address as it appears in the Security Register, not later than the latest date (if any), and not earlier than the earliest date (if any), prescribed for the giving of such notice or other communication. Any notice or other communication shall also be so mailed or sent to any Person described in Section 313(c) of the Trust Indenture Act, to the extent required by the Trust Indenture Act. Failure to mail or send a notice or other 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 sent in the manner provided above within the time prescribed, it is duly given, whether or not the addressee receives it. Where this Indenture provides for notice or other communication in any manner, such notice or other communication may be waived in writing by the Person entitled to receive such notice or other communication, either before or after the event, and such waiver shall be the equivalent of such notice or other communication. Waivers of notice or other communication by Holders shall be filed with the Trustee, but such filing shall not be a condition precedent to the validity of any action taken in reliance upon such waiver. If the Company an Issuer mails a notice or communication to the Holders, it shall mail a copy to the Trustee at the same time. 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 or other communication by mail, then such notification as shall be made with the approval of the Trustee shall constitute a sufficient notification for every purpose hereunder. Where Notwithstanding anything to the contrary in this Indenture or the Securities, where this Indenture provides for notice or other communication with respect to any event to a Holder of a Global Security, such notice or other communication shall be sufficiently given if given to the Depositary for such Security (or its designee), pursuant to its Applicable Procedures, . The Trustee will not later than have any liability relating to the latest date (if any), and not earlier than the earliest date (if any), prescribed for the giving contents of such any notice that it sends to any Holder pursuant to any Company Order or other communicationCompany Request.

Notice to Holders; Waiver. Where this Indenture provides for notice or other communication of any event to Holders of by the Company, any eventSubsidiary Guarantor or the Trustee, such notice shall be sufficiently given (unless otherwise herein expressly provided) if given in writing and mailed by first mailed, first-class mail (registered or certified, return receipt requested) or sent by overnight air courier guaranteeing next Business Day deliverypostage prepaid, to each Holder affected by such event, at such Holder’s his address as it appears in the Security Note Register, not later than the latest date (if any)date, and not earlier than the earliest date (if any)date, prescribed for the giving of such notice or other communicationnotice. Any notice or other communication shall also be so mailed or sent to any Person described in Section 313(c) of Neither the Trust Indenture Act, to the extent required by the Trust Indenture Act. Failure failure to mail or send a notice or other communication to a Holder or such notice, nor any defect in it any notice so mailed, to any particular Holder shall not affect its the sufficiency of such notice with respect to other Holders. If Any notice mailed to a notice or communication is mailed or sent Holder in the manner provided above within the time prescribed, it is duly givenherein prescribed shall be conclusively deemed to have been received by such Holder, whether or not the addressee such Holder actually receives itsuch notice. Where this Indenture provides for notice or other communication in any manner, such notice or other communication may be waived in writing by the Person entitled to receive such notice or other communicationnotice, either before or after the event, and such waiver shall be the equivalent of such notice or other communicationnotice. Waivers of notice or other communication by Holders shall be filed with the Trustee, but such filing shall not be a condition precedent to the validity of any action taken in reliance upon such waiver. In case by reason of the suspension of or irregularities in regular mail service or by reason of any other cause, it shall be impracticable to mail notice of any event to Holders when such notice is required to be given pursuant to any provision of this Indenture, then any manner of giving such notice as shall be satisfactory to the Trustee shall be deemed to be a sufficient giving of such notice for every purpose hereunder. If the Company or any Subsidiary Guarantor mails a any notice or communication to the Holdersany Holder, it shall mail a copy to the Trustee at the same time. 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 or other communication by mail, then such notification as shall be made with the approval of the Trustee shall constitute a sufficient notification for every purpose hereunder. Where this Indenture provides for notice or other communication with respect to any event to a Holder of a Global Security, such notice or other communication shall be sufficiently given if given to the Depositary for such Security (or its designee), pursuant to its Applicable Procedures, not later than the latest date (if any), and not earlier than the earliest date (if any), prescribed for the giving of such notice or other communication.

Notice to Holders; Waiver. Where Except as otherwise expressly provided herein or otherwise specified with respect to any series of Securities pursuant to Section 301, where this Indenture provides for notice or other communication of any event to Holders of any eventSecurities by the Company or the Trustee, such notice shall be sufficiently given (unless otherwise herein expressly provided) if given in writing and mailed by first mailed, first-class mail (registered or certified, return receipt requested) or sent by overnight air courier guaranteeing next Business Day deliverypostage prepaid, to each such Holder affected by such event, at such Holder’s his address as it appears in the Security Register, not later than the latest date (if any)date, and not earlier than the earliest date (if any)date, prescribed for the giving of such notice. In any case where notice or other communication. Any notice or other communication shall also be so mailed or sent to any Person described in Section 313(c) Holders of Securities is given by mail, neither the Trust Indenture Act, to the extent required by the Trust Indenture Act. Failure failure to mail or send a notice or other communication to a Holder or such notice, nor any defect in it any notice so mailed, to any particular Holder shall not affect its the sufficiency of such notice with respect to other HoldersHolders of Securities given as provided. If Any notice mailed to a notice or communication is mailed or sent Holder in the manner provided above within the time prescribed, it is duly givenherein prescribed shall be conclusively deemed to have been received by such Holder, whether or not such Holder actually receives such notice. In case, by reason of the addressee receives itsuspension of or irregularities in regular mail service or by reason of any other cause, it shall be impractical to mail notice of any event to Holders of Securities when such notice is required to be given pursuant to any provision of this Indenture, then any manner of giving written notice as shall be satisfactory to the Trustee shall be deemed to be sufficient giving of such notice for every purpose hereunder. Any request, demand, authorization, direction, notice, consent or waiver required or permitted under this Indenture shall be in the English language, except that any published notice may be in an official language of the country of publication. Where this Indenture provides for notice or other communication in any manner, such notice or other communication may be waived in writing by the Person entitled to receive such notice or other communicationnotice, either before or after the event, and such waiver shall be the equivalent of such notice or other communicationnotice. Waivers of notice or other communication by Holders shall be filed with the Trustee, but such filing shall not be a condition precedent to the validity of any action taken in reliance upon such waiver. If the Company mails a notice or communication to the Holders, it shall mail a copy to the Trustee at the same time. In case by reason of the suspension of regular mail service or by reason of Notwithstanding any other cause it shall be impracticable to give such notice or other communication by mail, then such notification as shall be made with the approval provision of the Trustee shall constitute a sufficient notification for every purpose hereunder. Where this Indenture or any Security, where this Indenture or any Security provides for notice or other communication with respect to of any event (including any notice of redemption or repurchase) to a Holder of a Global Securityglobal Security (whether by mail or otherwise), such notice or other communication shall be sufficiently given if given to the Depositary for such Security (or its designee), ) pursuant to the standing instructions from the Depositary or its designee, including by electronic mail in accordance with Applicable Procedures, not later than the latest date (if any), and not earlier than the earliest date (if any), prescribed for the giving of such notice or other communication.