Common use of Notice to Holders; Waiver Clause in Contracts

Notice to Holders; Waiver. Where this Indenture provides for notice to Holders of any event, such notice shall be sufficiently given (unless otherwise herein expressly provided) if in writing and mailed, first‑class postage prepaid, to each Holder affected by such event, at his 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. In any case where notice to Holders is given by mail, neither the failure to mail or receive such notice, nor any defect in any such notice, to any particular Holder shall affect the sufficiency or validity of such notice. Where this Indenture provides for notice in any manner, such notice may be waived in writing by the Person entitled to receive such notice, either before or after the event, and such waiver shall be the equivalent of such notice. Waivers of notice 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 regular mail service or by reason of any other cause it shall be impracticable to give such notice 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 any other provision of this Indenture or any Security, where this Indenture or any Security provides for notice of any event (including any notice of redemption) to a Holder of a Global Security (whether by mail or otherwise), such notice shall be sufficiently given if given to the Depositary for such Security (or its designee) pursuant to the Applicable Procedures.

Appears in 1 contract

Sources: Indenture (NorthStar Realty Europe Corp.)

Notice to Holders; Waiver. Where this Indenture provides for notice to Holders of any event, such notice shall be sufficiently given (unless otherwise herein expressly provided) if in writing and mailed, first‑class first-class postage prepaid, to each Holder affected by such event, at 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 to Holders is given by mail, neither the failure to mail or receive such notice, nor any defect in any such noticenotice so mailed, to any particular Holder shall affect the sufficiency or validity of such noticenotice with respect to other Holders. Any notice when mailed to a Holder in the aforesaid manner shall be conclusively deemed to have been received by such Holder whether or not actually received by such Holder. Where this Indenture provides for notice in any manner, such notice may be waived in writing by the Person entitled to receive such notice, either before or after the event, and such waiver shall be the equivalent of such notice. Waivers of notice 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 regular mail service or by reason of any other cause cause, it shall be impracticable to give such notice 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 any other provision of this Indenture or any Security, where this Indenture or any Security provides for mail notice of any event (including as required by any notice provision of redemption) to a Holder this Indenture, then any method of a Global Security (whether by mail or otherwise), giving such notice as shall be sufficiently given if given satisfactory to the Depositary for Trustee shall be deemed to be a sufficient giving of such Security (or its designee) pursuant to the Applicable Proceduresnotice. Section 108. [RESERVED].

Appears in 1 contract

Sources: Indenture (Cablevision Systems Corp /Ny)

Notice to Holders; Waiver. Where this Indenture provides for notice to Holders of any event, such notice shall be sufficiently given (unless otherwise herein expressly provided) if in writing and mailed, first‑class first-class postage prepaid, to each Holder affected by such event, at 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 to Holders is given by mail, neither the failure to mail or receive such notice, nor any defect in any such noticenotice so mailed, to any particular Holder shall affect the sufficiency or validity of such noticenotice with respect to other Holders. Where this Indenture provides for notice in any manner, such notice may be waived in writing by the Person entitled to receive such notice, either before or after the event, and such waiver shall be the equivalent of such notice. Waivers of notice 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 regular mail service or by reason of any other cause it shall be impracticable to give such notice 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 20 12 107,108,109,110,111,112,113 SECTION 107. Conflict with Trust Indenture Act. If any other provision hereof limits, qualifies or conflicts with the duties imposed by operation of this Section 318(c) of the Trust Indenture or any Security, where this Indenture or any Security provides for notice of any event (including any notice of redemption) to a Holder of a Global Security (whether by mail or otherwise)Act, such notice imposed duties shall be sufficiently given if given to the Depositary for such Security (or its designee) pursuant to the Applicable Procedurescontrol. SECTION 108.

Appears in 1 contract

Sources: Indenture Agreement (Anadarko Petroleum Corp)

Notice to Holders; Waiver. Where this Indenture provides for notice to Holders of any event, such notice shall be sufficiently given (unless otherwise herein expressly provided) if in writing and mailed, first‑class first-class postage prepaid, to each Holder affected by such event, at his its 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 to Holders is given by mail, neither the failure to mail or receive such notice, nor any defect in any such noticenotice so mailed, to any particular Holder shall affect the sufficiency or validity of such noticenotice with respect to other Holders. Where this Indenture provides for notice in any manner, such notice may be waived in writing by the Person entitled to receive such notice, either before or after the event, and such waiver shall be the equivalent of such notice. Waivers of notice 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 regular mail service or by reason of any other cause it shall be impracticable to give such notice 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 SECTION 107. Conflict with Trust Indenture Act. If any other provision of hereof limits, qualifies or conflicts with another provision which is required or deemed to be included in this Indenture or by any Security, where this of the provisions of the Trust Indenture or any Security provides for notice of any event (including any notice of redemption) to a Holder of a Global Security (whether by mail or otherwise)Act, such notice required or deemed provision shall be sufficiently given if given to the Depositary for such Security (or its designee) pursuant to the Applicable Procedurescontrol. SECTION 108.

Appears in 1 contract

Sources: Indenture (Modine Manufacturing Co)

Notice to Holders; Waiver. Where this Indenture provides for notice to Holders of any event, such notice shall be sufficiently given (unless otherwise herein expressly provided) if in writing and mailedmailed postage prepaid by first-class, first‑class postage prepaidregistered or certified mail, in each case return receipt requested, to each Holder affected by such event, at his 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. In any case where notice to Holders is given by mail, neither the failure to mail or receive such notice, nor any defect in any such noticenotice so mailed, to any particular Holder shall affect the sufficiency or validity of such noticenotice with respect to other Holders. Where this Indenture provides for notice in any mannermatter, such notice may be waived in writing by the Person entitled to receive such notice, either before or after the event, and such waiver shall be the equivalent of such notice. Waivers of notice 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 case, by reason of the suspension of regular mail service service, or by reason of any other cause cause, it shall be impracticable to give such notice by mail, then such notification as may be given by any other reasonable method of giving such notice and shall be made with the approval deemed to be sufficient giving of the Trustee shall constitute a sufficient notification such notice for every purpose hereunder. Notwithstanding any other provision of this Indenture If a notice or any Securitycommunication is delivered or mailed in the manner provided above within the time prescribed, where this Indenture it is duly given, whether or any Security provides for not the addressee receives it. If the Company mails a notice of any event (including any notice of redemption) or communication to Holders, it shall mail a Holder of a Global Security (whether by mail or otherwise), such notice shall be sufficiently given if given copy to the Depositary for such Security (or its designee) pursuant to Trustee and each Agent at the Applicable Proceduressame time.

Appears in 1 contract

Sources: Indenture (Aztar Corp)

Notice to Holders; Waiver. (a) Where this Supplemental Indenture provides for notice to Holders of any event, such notice shall be sufficiently given (unless otherwise herein expressly providedprovided or unless otherwise specified in such Notes) if in writing and delivered in person, mailed, first‑class first-class postage prepaid, sent electronically or sent by overnight courier, to each Holder affected by such event, at his address as it appears in the Security Note Register, not later than within the latest date (if any), and not earlier than the earliest date (if any), time prescribed for the giving of such notice. (b) 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 of Notes in the manner specified above, then such notification as shall be made with the approval of the Trustee shall constitute a sufficient notification for every purpose hereunder. (c) In any case where notice to a Holder of Notes is given in any manner specified in paragraph (a) above, such notice shall be conclusively presumed to have been duly given, whether or not such Holder receives such notice. In any case where notice to Holders of Notes is given by mailin any manner specified in paragraph (a) above, neither the failure to deliver, mail or receive send such notice, nor any defect in any such noticenotice so mailed or sent, to any particular Holder of a Note shall affect the sufficiency or validity of such notice. notice with respect to other Holders of Notes given as provided herein. (d) Where this Supplemental Indenture provides for notice in any manner, such notice may be waived in writing by the Person entitled to receive such notice, either before or after the event, and such waiver shall be the equivalent of such notice. Waivers of notice by Holders of Notes 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 regular mail service or by reason of any other cause it shall be impracticable to give such notice 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 any other provision of this Indenture or any Security, where this Indenture or any Security provides for notice of any event (including any notice of redemption) to a Holder of a Global Security (whether by mail or otherwise), such notice shall be sufficiently given if given to the Depositary for such Security (or its designee) pursuant to the Applicable Procedures.

Appears in 1 contract

Sources: Third Supplemental Indenture (Suburban Propane Partners Lp)

Notice to Holders; Waiver. Where this the Indenture provides for notice to Holders of any event, such notice shall be sufficiently given (unless otherwise herein expressly provided) if in writing and mailed, first‑class first-class postage prepaid, prepaid (or sent electronically in accordance with the procedures of the Depositary in cases where the Holder is the Depositary or its nominee) to each Holder affected by such event, at his its 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. In any case where notice to Holders is given by mail, neither the failure to mail or receive such notice, nor any defect in any such noticenotice so mailed, to any particular Holder shall affect the sufficiency or validity of such noticenotice with respect to other Holders. If notice is mailed to Holders in the manner provided in this Section 1.06, it is duly given, whether or not the addressee receives it. Where this the Indenture provides for notice in any manner, such notice may be waived in writing by the Person entitled to receive such notice, either before or after the event, and such waiver shall be the equivalent of such notice. Waivers of notice 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 regular mail service or by reason of any other cause it shall be impracticable to give such notice by mail, then such notification as shall be made in consultation with the approval of the Trustee shall constitute a sufficient notification for every purpose hereunder. Notwithstanding any other provision of this Indenture or any Security, where this Indenture or any Security provides for notice of any event (including any notice of redemption) to a Holder of a Global Security (whether by mail or otherwise), such notice shall be sufficiently given if given to the Depositary for such Security (or its designee) pursuant to the Applicable Procedures.

Appears in 1 contract

Sources: Indenture (Weatherford International PLC)

Notice to Holders; Waiver. Where this Indenture provides for notice to Holders of any event, such notice shall be sufficiently given (unless otherwise herein expressly provided) if in writing and mailed, first‑class first-class postage prepaid, to each Holder affected by such event, at his such Holder’s 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. In any case where notice to Holders is given by mail, neither the failure to mail or receive such notice, nor any defect in any such noticenotice so mailed, to any particular Holder shall affect the sufficiency or validity of such noticenotice with respect to other Holders. Any notice when mailed to a Holder in the aforesaid manner shall be conclusively deemed to have been received - 26 - by such Holder whether or not actually received by such Holder. Where this Indenture provides for notice in any manner, such notice may be waived in writing by the Person entitled to receive such notice, either before or after the event, and such waiver shall be the equivalent of such notice. Waivers of notice 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 regular mail service or by reason of any other cause cause, it shall be impracticable to give such notice 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 any other provision of this Indenture or any Security, where this Indenture or any Security provides for mail notice of any event (including as required by any notice provision of redemption) to a Holder this Indenture, then any method of a Global Security (whether by mail or otherwise), giving such notice as shall be sufficiently given if given reasonably satisfactory to the Depositary for Trustee shall be deemed to be a sufficient giving of such Security (or its designee) pursuant to the Applicable Proceduresnotice.

Appears in 1 contract

Sources: Indenture (Bally Total Fitness Holding Corp)

Notice to Holders; Waiver. Where this Indenture provides for notice to Holders of Securities of any series of any event, such notice shall be sufficiently given (unless otherwise herein expressly provided) if made, given, furnished or filed in writing and mailed, first‑class postage prepaid, to each Holder affected by such event, at his address as it appears in the Security RegisterRegister for that series, not later than the latest date (if any), and not earlier than the earliest date (if any), prescribed for the giving of such notice. In any case where notice to Holders is given by mail, neither the failure to mail or receive such notice, nor any defect in any such notice, to any particular Holder shall affect the sufficiency or validity of such notice. Where this Indenture provides for notice in any manner, such notice may be waived in writing by the Person entitled to receive such notice, either before or after the event, and such waiver shall be the equivalent of such notice. Waivers of notice 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 on such waiver. All such notices and communications shall be deemed to have been duly given: at the time delivered by hand, if personally delivered; five Business Days after being deposited in the mail, registered or certified with postage prepaid, if mailed; when answered back if telexed; when receipt acknowledged, if telecopied; and the next Business Day after timely delivery to the courier, if sent by nationally recognized overnight air courier guaranteeing next day delivery. In the case of any notice this Indenture provides shall be given by mail, if, by reason of the suspension of regular mail service or by reason of any other cause it shall be impracticable to give such notice 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 any other provision of this Indenture or any Security, where this Indenture or any Security provides for notice of any event (including any notice of redemption) to a Holder of a Global Security (whether by mail or otherwise), such notice shall be sufficiently given if given to the Depositary for such Security (or its designee) pursuant to the Applicable Procedures.

Appears in 1 contract

Sources: Indenture (Innovative Valve Technologies Inc)

Notice to Holders; Waiver. Where this Indenture provides for notice to Holders of any event, such notice shall be sufficiently given (unless otherwise herein expressly provided) if in writing and mailed, first‑class postage prepaid, mailed first class or delivered by electronic means to each Holder affected by such event, at his or her address as it appears in the Security RegisterRegister or, if by electronic means, to the delivery address specified by the Holder, not later than the latest date (date, if any), and not earlier than the earliest date (date, if any), prescribed for the giving of such notice. In any case where notice to Holders is given by mailmail or by electronic means, neither the failure to mail or receive electronically deliver such notice, nor any defect in any such noticenotice so mailed or delivered, to any particular Holder shall affect the sufficiency or validity of such noticenotice with respect to other Holders. Any notice given in the manner prescribed by this Indenture shall be deemed to have been given whether or not received by any particular Holder. Where this Indenture provides for notice in any manner, such notice may be waived in writing by the Person entitled to receive such notice, either before or after the eventevent may waive such notice in writing, and such waiver shall be the equivalent of such notice. Waivers of notice 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 regular mail service or by reason of any other cause it shall be impracticable to give such notice by mailmail or by electronic means, then such notification as shall be made with the approval of the Trustee shall constitute a sufficient notification for every purpose hereunder. Notwithstanding any other provision of this Indenture or any Security, where this Indenture or any Security provides for notice of any event (including any notice of redemption) to a Holder of a Global Security (whether by mail or otherwise), such notice shall be sufficiently given if given to the Depositary for such Security (or its designee) pursuant to the Applicable Procedures.

Appears in 1 contract

Sources: Indenture (Boise Cascade Office Products Corp)

Notice to Holders; Waiver. Where this Indenture provides for notice to Holders of any event, such notice shall be sufficiently given (unless otherwise herein expressly provided) if in writing and mailed, first‑class first-class postage prepaid, to each Holder affected by such event, at his its 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 to Holders is given by mail, neither the failure to mail or receive such notice, nor any defect in any such noticenotice so mailed, to any particular Holder shall affect the sufficiency or validity of such noticenotice with respect to other Holders. Where Any notice mailed to a Holder in the aforesaid manner shall be conclusively deemed to have been received by such Holder when mailed whether or not actually received by such Holxxx. Xhere this Indenture provides for notice in any manner, such notice may be waived in writing by the Person entitled to receive such notice, either before or after the event, and such waiver shall be the equivalent of such notice. Waivers of notice 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 regular mail service or by reason of any other cause cause, it shall be impracticable to give such notice 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 any other provision of this Indenture or any Security, where this Indenture or any Security provides for mail notice of any event (including as required by any notice provision of redemption) to a Holder this Indenture, then any method of a Global Security (whether by mail or otherwise), giving such notice as shall be sufficiently given if given satisfactory to the Depositary for Trustee shall be deemed to be a sufficient giving of such Security (or its designee) pursuant to the Applicable Proceduresnotice.

Appears in 1 contract

Sources: Indenture (Rogers Communications Inc)

Notice to Holders; Waiver. Where this Indenture provides for notice to Holders of any event, such notice shall be sufficiently given (unless otherwise herein expressly provided) if in writing and mailedmailed postage prepaid by first-class, first‑class postage prepaidregistered or certified mail, in each case return receipt requested, to each Holder affected by such event, at his 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. In any case where notice to Holders is given by mail, neither the failure to mail or receive such notice, nor any defect in any such noticenotice so mailed, to any particular Holder shall affect the sufficiency or validity of such noticenotice with respect to other Holders. Where this Indenture provides for notice in any mannermatter, such notice may be waived in writing by the Person entitled to receive such notice, either before or after the event, and such waiver shall be the equivalent of such notice. Waivers of notice 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 case, by reason of the suspension of regular mail service service, or by reason of any other cause cause, it shall be impracticable to give such notice by mail, then such notification as may be given by any other reasonable method of giving such notice and shall be made with the approval deemed to be sufficient giving of the Trustee shall constitute a sufficient notification such notice for every purpose hereunder. Notwithstanding any other provision of this Indenture If a notice or any Securitycommunication is delivered or mailed in the manner provided 35 28 above within the time prescribed, where this Indenture it is duly given, whether or any Security provides for not the addressee receives it. If the Company mails a notice of any event (including any notice of redemption) or communication to Holders, it shall mail a Holder of a Global Security (whether by mail or otherwise), such notice shall be sufficiently given if given copy to the Depositary for such Security (or its designee) pursuant to Trustee and each Agent at the Applicable Proceduressame time.

Appears in 1 contract

Sources: Indenture (Aztar Corp)

Notice to Holders; Waiver. Where this Indenture provides for notice to Holders of any event, such notice shall be sufficiently given (unless otherwise herein expressly provided) if in writing and mailed, first‑class first-class postage prepaid, to each Holder affected by such event, at 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 to Holders is given by mail, neither the failure to mail or receive such notice, nor any defect in any such noticenotice so mailed, to any particular Holder shall affect the sufficiency or validity of such noticenotice with respect to other Holders. Any notice which is mailed in the manner herein provided shall be conclusively presumed to have been duly given. Where this Indenture provides for notice in any manner, such notice may be waived in writing by the Person entitled to receive such notice, either before or after the event, and such waiver shall be the equivalent of such notice. Waivers of notice 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 regular mail service or by reason of any other cause it shall be impracticable to give such one’s notice 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 any other provision of Where this Indenture or any Security, where this Indenture or any Security provides for notice of any event (including any notice of redemption) to a Holder of a Global Security (whether by mail or otherwise)Security, such notice shall be sufficiently given if given to the Depositary Depository for such Security (or its designee) ), pursuant to the Applicable Proceduresapplicable procedures of the Depository, not later than the latest date, if any, and not earlier than the earliest date, if any, prescribed for the giving of such notice in such procedures.

Appears in 1 contract

Sources: Indenture (J P Morgan Chase & Co)

Notice to Holders; Waiver. Where this Indenture Guarantee provides for notice of any event to the Holders of any eventSeries 16 Preferred LP Units by the Guarantors or the Security Trustee, such notice shall be sufficiently given (unless otherwise herein expressly provided) if in writing and mailed, first‑class first-class postage prepaid, to each Holder affected by such event, at his the Holder’s address as it appears in the Security Registerlist of Holders as provided by the Partnership, 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 noticenotice or in any other manner from time to time permitted by applicable laws, including, without limitation, internet-based or other electronic communications. In any case where notice to the Holders of Series 16 Preferred LP Units is given by mail, neither the accidental failure to mail or receive such notice, nor any defect in any such noticenotice so mailed, to any particular Holder shall affect the sufficiency of such notice with respect to other Holders of Series 16 Preferred LP Units, but upon such failure to mail or validity of such defect in any notice so mailed being discovered, the notice (as corrected to address any defects) shall be mailed forthwith to such Holder. Any notice mailed to a Holder in the manner herein prescribed shall be conclusively deemed to have been received by such Holder, whether or not such Holder actually receives such notice. Any request, demand, authorization, direction, notice, consent or waiver required or permitted under this Guarantee shall be in the English language. Where this Indenture Guarantee provides for notice in any manner, such notice may be waived in writing by the Person entitled to receive such notice, either before or after the event, and such waiver shall be the equivalent of such notice. Waivers of notice by Holders shall be filed with the Security 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 regular mail service or by reason of any other cause it shall be impracticable to give such notice 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 any other provision of this Indenture or any Security, where this Indenture or any Security provides for notice of any event (including any notice of redemption) to a Holder of a Global Security (whether by mail or otherwise), such notice shall be sufficiently given if given to the Depositary for such Security (or its designee) pursuant to the Applicable Procedures.

Appears in 1 contract

Sources: Guarantee Indenture (Brookfield Renewable Partners L.P.)

Notice to Holders; Waiver. Where this Indenture provides for notice of any event to Holders of any eventby the Company or the Trustee, such notice shall be sufficiently given (unless otherwise herein expressly provided) if in writing and mailed, first‑class first-class postage prepaid, to each Holder affected by such event, at 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 Where notice to Holders is given by mail, neither the failure to mail or receive such notice, nor any defect in any such noticenotice so mailed, to any particular Holder shall affect the sufficiency of such notice with respect to other Holders. Any notice mailed to a Holder in the manner herein prescribed shall be conclusively deemed to have been received by such Holder, whether or validity of not such Holder actually receives such notice. Where this Indenture provides for notice in any manner, such notice may be waived in writing by the Person entitled to receive such notice, either before or after the event, and such waiver shall be the equivalent of such notice. Waivers of notice 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 case, by reason of the suspension of or irregularities in regular mail service or by reason of any other cause cause, it shall be impracticable to give mail notice of any event to Holders when such notice by mailis required to be given pursuant to any provision of this Indenture, then any manner of giving such notification notice as shall be made with the approval of satisfactory to the Trustee shall constitute be deemed to be a sufficient notification giving of such notice for every purpose hereunder. Notwithstanding any other provision of this Indenture or any Security, where this Indenture or any Security provides for notice of any event (including any notice of redemption) to a Holder of a Global Security (whether by mail or otherwise), such notice shall be sufficiently given if given to the Depositary for such Security (or its designee) pursuant to the Applicable Procedures.

Appears in 1 contract

Sources: Indenture (Borg Warner Automotive Inc)

Notice to Holders; Waiver. Where Except as otherwise expressly provided in or pursuant to this Indenture, where this Indenture provides for notice to Holders of any event, such notice shall be sufficiently given (unless otherwise herein expressly provided) if in writing and mailed, first‑class first-class postage prepaid, to each such Holder affected by such event, at his address as it appears in the Security Register, not later than within the latest date (if any), and not earlier than the earliest date (if any), time prescribed for the giving of such notice. In any case where notice to Holders is given by mail, neither Neither the failure to mail or receive such notice, nor any defect in any such noticenotice so mailed, to any particular Holder shall affect the sufficiency or validity of such notice with respect to other Holders of Securities. Any notice mailed to a Holder in the manner herein prescribed shall be conclusively deemed to have been received by such Holder, whether or not such Holder actually receives such notice. If by reason of the suspension of regular mail service or by reason of any other cause it shall be impracticable to give such notice as provided above, then such notification as shall be made with the approval of the Trustee shall constitute a sufficient notification for every purpose hereunder. Any request, demand, authorization, direction, notice, consent, waiver or other Act required or permitted under this Indenture shall be in the English language. Where this Indenture provides for notice in any manner, such notice may be waived in writing by the Person entitled to receive such notice, either before or after the event, and such waiver shall be the equivalent of such notice. Waivers of notice 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 regular mail service or by reason of any other cause it shall be impracticable to give such notice 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 any other provision of this Indenture or any Security, where this Indenture or any Security provides for notice of any event (including any notice of redemption) to a Holder of a Global Security (whether by mail or otherwise), such notice shall be sufficiently given if given to the Depositary for such Security (or its designee) pursuant to the Applicable Procedures.

Appears in 1 contract

Sources: Indenture (Farmland Industries Inc)

Notice to Holders; Waiver. Where this Indenture provides for notice to Holders of any event, such notice shall be sufficiently given (unless otherwise herein expressly provided) if in writing and mailed, first‑class first-class postage prepaid, to each Holder affected by such event, at his 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. Where this Indenture provides for notice to Holders of any event, such notice shall also be given to AMBAC Indemnity for so long as any Financial Guaranty Insurance is in effect with respect to any Securities issued hereunder. In any case where notice to Holders is given by mail, neither the failure to mail or receive such notice, nor any defect in any such noticenotice so mailed, to any particular Holder shall affect the sufficiency or validity of such noticenotice with respect to other Holders. Where this Indenture provides for notice in any manner, such notice may be waived in writing by the Person entitled to receive such notice, either before or after the event, and such waiver shall be the equivalent of such notice. Waivers of notice 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 regular mail service or by reason of any other cause it shall be impracticable to give such notice 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 any other provision of this Indenture or any Security, where this Indenture or any Security provides for notice of any event (including any notice of redemption) to a Holder of a Global Security (whether by mail or otherwise), such notice shall be sufficiently given if given to the Depositary for such Security (or its designee) pursuant to the Applicable Procedures.

Appears in 1 contract

Sources: Indenture (Toledo Edison Co)

Notice to Holders; Waiver. Where Except as otherwise provided in any supplemental indenture with respect to Holders of Securities of any series issued pursuant to such supplemental indenture, where this Indenture provides for notice to Holders of any event, such notice shall be sufficiently given (unless otherwise herein expressly provided) if in writing and mailed, first‑class first-class postage prepaid, to each Holder affected by such event, at his 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. In any case where notice to Holders is given by mail, neither the failure to mail or receive such notice, nor any defect in any such noticenotice so mailed, to any particular Holder shall affect the sufficiency of such notice with respect to other Holders. Any notice mailed to the Holder in the manner herein prescribed shall be conclusively deemed to have been received by such Holder, whether or validity of not such Holder actually receives such notice. Where this Indenture provides for notice in any manner, such notice may be waived in writing by the Person entitled to receive such notice, either before or after the event, and such waiver shall be the equivalent of such notice. Waivers of notice 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 regular mail service or by reason of any other cause it shall be impracticable to give such notice 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 any other provision of this Indenture or any Security, where this Indenture or any Security provides for notice of any event (including any notice of redemption) to a Holder of a Global Security (whether by mail or otherwise), such notice shall be sufficiently given if given to the Depositary for such Security (or its designee) pursuant to the Applicable Procedures.

Appears in 1 contract

Sources: Indenture (Abc Rail Products Corp)

Notice to Holders; Waiver. Where this Indenture provides for notice to Holders of any event, such notice shall be sufficiently given (unless otherwise herein expressly provided) if (i) in the case of a Global Note, in writing by electronic mail, facsimile and/or by first-class mail to the Depositary, and (ii) in the case of securities other than Global Notes, in writing and mailed, first‑class first-class postage prepaid, to each Holder affected by such event, at his address as it appears in the Security RegisterNote Register on the Business Day immediately preceding the date of mailing, which shall be not later than the latest date (if any), and not earlier than the earliest date (if any), prescribed for the giving of such notice. In any case where notice to Holders is given by mail, neither the failure to mail or receive such notice, nor any defect in any such noticenotice so mailed, to any particular Holder shall affect the sufficiency or validity of such noticenotice with respect to other Holders. Where this Indenture provides for notice in any manner, such notice may be waived in writing by the Person entitled to receive such notice, either before or after the event, and such waiver shall be the equivalent of such notice. Waivers of notice 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 regular mail service or by reason of any other cause it shall be impracticable to give such notice 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 any other provision Any obligation the Issuer (and the Paying Agents on its behalf) may have to publish a notice to Holders shall have been met upon delivery of this Indenture or any Security, where this Indenture or any Security provides for the notice of any event (including any notice of redemption) to a Holder of a Global Security (whether by mail or otherwise), such notice shall be sufficiently given if given to the Depositary for such Security (or its designee) pursuant to the Applicable ProceduresDepositary.

Appears in 1 contract

Sources: Indenture (VM Holding S.A.)

Notice to Holders; Waiver. Where this Indenture provides for notice to Holders of any event, such notice shall be sufficiently given (unless otherwise herein expressly provided) if in writing and mailed, first‑class first-class postage prepaid, to each Holder affected by such event, at his 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. In any case where notice to Holders is given by mail, neither the failure to mail or receive such notice, nor any defect in any such noticenotice so mailed, to any particular Holder shall affect the sufficiency or validity of such noticenotice with respect to other Holders. Where this Indenture provides for notice in any manner, such notice may be waived in writing by the Person entitled to receive such notice, either before or after the event, and such waiver shall be the equivalent of such notice. Waivers of notice 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 regular mail service or by reason of any other cause it shall be impracticable to give such notice by mail, then such notification as shall be made with the approval of the Trustee shall constitute a sufficient notification for every purpose pur pose hereunder. Notwithstanding any other provision of Where this Indenture or any Security, where this Indenture or any Security provides for notice Notice of any event (including any notice of redemption) to a Holder of a Global Security (whether by mail or otherwise)Security, such notice shall be sufficiently given if given to the Depositary for such Security (or its designee) ), pursuant to the 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.

Appears in 1 contract

Sources: Indenture (Goldman Sachs Group Inc)

Notice to Holders; Waiver. Where this Indenture provides for notice to Holders of any event, such notice shall be sufficiently given (unless otherwise herein expressly provided) if in writing and mailed, first‑class first-class postage prepaid, to each Holder affected by such event, at his address as it appears in the Security Register, not later than the latest date (if any), and not t earlier than the earliest date (if any), prescribed for the giving of such notice. In any case where notice to Holders is given by mail, neither the failure to mail or receive such notice, nor any defect in any such noticenotice so mailed, to any particular Holder shall affect the sufficiency or validity of such noticenotice with respect to other Holders. Where this Indenture provides for notice in any manner, such notice may be waived in writing by the Person entitled to receive such notice, either before or after the event, and such waiver shall be the equivalent of such notice. Waivers of notice 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 regular mail service or by reason of any other cause it shall be impracticable to give such notice 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 any other provision of Where this Indenture or any Security, where this Indenture or any Security provides for notice Notice of any event (including any notice of redemption) to a Holder of a Global Security (whether by mail or otherwise)Security, such notice shall be sufficiently given if given to the Depositary for such Security (or its designee) ), pursuant to the 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.

Appears in 1 contract

Sources: Indenture (Key3media Events Inc)

Notice to Holders; Waiver. Where this Indenture provides for notice to Holders of any event, such notice shall be sufficiently given (unless otherwise herein expressly provided) if in writing and mailed, first‑class first-class postage prepaid, to each Holder affected by such event, at 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 to Holders is given by mail, neither the failure to mail or receive such notice, nor any defect in any such notice, notice so mailed to any particular Holder shall affect the sufficiency or validity of such noticenotice with respect to other Holders. Where this Indenture provides for notice in any manner, such notice may be waived in writing by the Person entitled to receive such notice, either before or after the event, and such waiver shall be the equivalent of such notice. Waivers of notice 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 publication of any Authorized Newspaper, or by reason of any other cause, it shall be impossible or impracticable to make publication of any notice in an Authorized Newspaper or Authorized Newspapers as required by this Indenture or by the Securities, then such method of publication or notification as shall be made with the approval of the Trustee shall constitute a sufficient publication of such notice. 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 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 any other provision of this Indenture or any Security, where this Indenture or any Security provides for notice of any event (including any notice of redemption) to a Holder of a Global Security (whether by mail or otherwise), such notice shall be sufficiently given if given to the Depositary for such Security (or its designee) pursuant to the Applicable Procedures.

Appears in 1 contract

Sources: Indenture (Suntrust Banks Inc)

Notice to Holders; Waiver. Where this Indenture provides for notice to Holders of any event, event such notice to the Holders thereof shall be sufficiently given (unless otherwise herein expressly provided) if in writing and mailed, first‑class mailed first-class postage prepaid, to each such Holder affected by such event, at his address as it appears in the Security Register, not later than Register within the latest date (if any), and not earlier than the earliest date (if any), time prescribed for the giving of such notice. In any case where notice to Holders is given by mail, neither the failure to mail or receive such notice, nor any defect in any such noticenotice so mailed, to any particular Holder shall affect the sufficiency or validity of such notice with respect to other Holders. Any notice mailed to a Holder in the manner herein prescribed shall be conclusively deemed to have been received by such Holder, whether or not such Holder actually receives such notice. If by reason of the suspension of regular mail service or by reason of any other cause it shall be impracticable to give such notice as provided above, then such notification as shall be made with the approval of the Trustee shall constitute a sufficient notification 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 in any manner, such notice may be waived in writing by the Person entitled to receive such notice, either before or after the event, event and such waiver shall be the equivalent of such notice. Waivers of notice 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 regular mail service or by reason of any other cause it shall be impracticable to give such notice 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 any other provision of this Indenture or any Security, where this Indenture or any Security provides for notice of any event (including any notice of redemption) to a Holder of a Global Security (whether by mail or otherwise), such notice shall be sufficiently given if given to the Depositary for such Security (or its designee) pursuant to the Applicable Procedures.

Appears in 1 contract

Sources: Indenture (Executive Risk Inc /De/)

Notice to Holders; Waiver. Where this Indenture provides for notice of any event to Holders of any eventby the Company or the Trustee, such notice shall be sufficiently given (unless otherwise herein expressly provided) if in writing and either (1) provided or mailed, first‑class first-class postage prepaid, to each Holder affected by such event, at his address as it appears in the Security Note Register, not later than within the latest date (if any), and not earlier than the earliest date (if any), time prescribed for the giving of such notice, or (2) in the case of Notes held through the Depository sent or transmitted to Holders in any manner that is in accordance with the procedures of the Depository. In any case where notice to Holders is given by mail, neither the failure to mail or receive such notice, nor any defect in any such noticenotice so mailed, to any particular Holder shall affect the sufficiency or validity of such noticenotice with respect to other Holders. Notices given by publication shall be deemed given on the first date on which publication is made and notices given by first-class mail, postage prepaid, shall be deemed given five calendar days after mailing. Where this Indenture provides for notice in any manner, such notice may be waived in writing by the Person entitled to receive such notice, either before or after the event, and such waiver shall be the equivalent of such notice. Waivers of notice 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 Notwithstanding anything herein to the contrary where this Indenture provides for notice in any manner, such notice may be sent or transmitted to Holders in any manner that is in accordance with the procedures of the suspension of regular mail service or by reason of any other cause it Depository and shall be impracticable deemed to give be a sufficient giving of such notice 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 any other provision of this Indenture or any Security, where this Indenture or any Security provides for notice of any event (including any notice of redemption) to a Holder of a Global Security (whether by mail or otherwise), such notice shall be sufficiently given if given to the Depositary for such Security (or its designee) pursuant to the Applicable Procedures.

Appears in 1 contract

Sources: Indenture (Winnebago Industries Inc)

Notice to Holders; Waiver. Where this Indenture -------------------------- provides for notice to Holders of any event, such notice shall be sufficiently given (unless otherwise herein expressly provided) if in writing and mailedhand delivered, first‑class mailed with first-class postage prepaidprepaid or delivered by recognized overnight courier, to each Holder affected by such event, at his address as it appears in the Security Note 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. In any case where notice to Holders is given by mail, neither the failure to mail or receive such notice, nor any defect in any such noticenotice so mailed, to any particular Holder shall affect the sufficiency or validity of such noticenotice with respect to other Holders. Where this Indenture provides for notice in any manner, such notice may be waived in writing by the Person entitled to receive such notice, either before or after the event, and such waiver shall be the equivalent of such notice. Waivers of notice 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 regular mail service or by reason of any other cause it shall be impracticable to give such notice 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 any other provision of this Indenture or any Security, where this Indenture or any Security provides for notice of any event (including any notice of redemption) to a Holder of a Global Security (whether by mail or otherwise), All such notice notices and communications shall be sufficiently given deemed to have been duly given: at the time delivered by hand, if given personally delivered; five Business Days after being deposited in the mail with first-class postage prepaid, if mailed; and the next Business Day after timely delivery to the Depositary for such Security (or its designee) pursuant to the Applicable Procedurescourier, if sent by a recognized overnight courier guaranteeing next-day delivery.

Appears in 1 contract

Sources: Indenture (Afc Enterprises Inc)

Notice to Holders; Waiver. Where this Indenture provides for notice to Holders of any event, such notice shall be sufficiently given (unless otherwise herein expressly provided) if in writing in the English language and mailed, first‑class first-class postage prepaid, to each Holder affected by such event, at his 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; provided, however, if the Holder is the Depositary (or its nominee), any notice to such Holder shall be given in accordance with the applicable rules or procedures of DTC. In any case where notice to Holders is given by mail, neither the failure to mail or receive such notice, nor any defect in any such noticenotice so mailed, to any particular Holder shall affect the sufficiency or validity of such noticenotice with respect to other Holders. If notice is given to Holders in the manner provided in this Section 106, it is duly given, whether or not the addressee receives it. Where this Indenture provides for notice in any manner, such notice may be waived in writing by the Person entitled to receive such notice, either before or after the event, and such waiver shall be the equivalent of such notice. Waivers of notice 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 When the Notes are not Global Notes, 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 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 any other provision of this Indenture or any Security, where this Indenture or any Security provides for notice of any event (including any notice of redemption) to a Holder of a Global Security (whether by mail or otherwise), such notice shall be sufficiently given if given to the Depositary for such Security (or its designee) pursuant to the Applicable Procedures.

Appears in 1 contract

Sources: Indenture (Bellatrix Exploration Ltd.)

Notice to Holders; Waiver. Where this Indenture provides for notice to Holders of any event, such notice shall be sufficiently given (unless otherwise herein expressly provided) if in writing and mailed, first‑class first-class postage prepaid, to each Holder affected by such event, at his 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 to Holders is given by mail, neither the failure to mail or receive such notice, nor any defect in any such noticenotice so mailed, to any particular Holder shall affect the sufficiency or validity of such noticenotice with respect to other Holders. Any notice when mailed to a Holder in the aforesaid manner shall be conclusively deemed to have been received by such Holder whether or not actually received by such Holder. Where this Indenture provides for notice in any manner, such notice may be waived in writing by the Person entitled to receive such notice, either before or of after the event, and such waiver shall be the equivalent of such notice. Waivers of notice 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 regular mail service or by reason of any other cause cause, it shall be impracticable to give such notice 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 any other provision of this Indenture or any Security, where this Indenture or any Security provides for mail notice of any event (including as required by any notice provision of redemption) to a Holder this Indenture, then any method of a Global Security (whether by mail or otherwise), giving such notice as shall be sufficiently given if given reasonably satisfactory to the Depositary for Trustee shall be deemed to be a sufficient giving of such Security (or its designee) pursuant to the Applicable Proceduresnotice.

Appears in 1 contract

Sources: Indenture (Playtex Products Inc)

Notice to Holders; Waiver. Where this Indenture provides for notice to Holders of any event, such notice shall be sufficiently given (unless otherwise herein expressly provided) if in writing and mailed, first‑class first-class postage prepaid, to each Holder affected by such event, at 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 to Holders is given by mail, neither the failure to mail or receive such notice, nor any defect in any such noticenotice so mailed, to any particular Holder shall affect the sufficiency or validity of such noticenotice with respect to other Holders. Any notice mailed to a Holder in the aforesaid manner shall be conclusively deemed to have been received by such Holder when mailed whether or not actually received by such Holder. Where this Indenture provides for notice in any manner, such notice may be waived in writing by the Person entitled to receive such notice, either before or after the event, and such waiver shall be the equivalent of such notice. Waivers of notice 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 regular mail service or by reason of any other cause cause, it shall be impracticable to give such notice 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 any other provision of this Indenture or any Security, where this Indenture or any Security provides for mail notice of any event (including as required by any notice provision of redemption) to a Holder this Indenture, then any method of a Global Security (whether by mail or otherwise), giving such notice as shall be sufficiently given if given satisfactory to the Depositary for Trustee shall be deemed to be a sufficient giving of such Security (or its designee) pursuant to the Applicable Proceduresnotice.

Appears in 1 contract

Sources: Indenture (Regal Cinemas Inc)

Notice to Holders; Waiver. Where this Indenture provides for notice of any event to Holders of any eventby the Issuers or the Trustee, such notice shall be sufficiently given (unless otherwise herein expressly provided) if in writing and mailed, first‑class first-class postage prepaid, to each Holder affected by such event, at his its address as it appears in the Security Note Register, not later than within the latest date (if any), and not earlier than the earliest date (if any), time prescribed for the giving of such notice. In any case where notice to Holders is given by mail, neither the failure to mail or receive such notice, nor any defect in any such noticenotice so mailed, to any particular Holder shall affect the sufficiency or validity of such noticenotice with respect to other Holders. Notices given by publication shall be deemed given on the first date on which publication is made and notices given by first-class mail, postage prepaid, shall be deemed given five calendar days after mailing. Where this Indenture provides for notice in any manner, such notice may be waived in writing by the Person entitled to receive such notice, either before or after the event, and such waiver shall be the equivalent of such notice. Waivers of notice 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 regular mail service or by reason of any other cause it shall be impracticable to give such notice 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 any other provision of this Indenture or any SecurityNote, where this Indenture or any Security Note provides for notice of any event (including any notice of redemption) to a any Holder of a Global Security Note or beneficial owner of an interest therein (whether by mail or otherwise), such notice shall be sufficiently given if given to the Depositary Depository for such Security Global Note (or its designee) pursuant according to the Applicable ProceduresProcedures of the Depository.

Appears in 1 contract

Sources: Indenture (Ellington Financial Inc.)

Notice to Holders; Waiver. Where Except as otherwise expressly provided herein, where this Indenture provides for notice to Holders of any event, such notice shall be sufficiently given (unless otherwise herein expressly provided) given, and shall be deemed given, to Holders if in writing and mailed, first‑class first-class postage prepaid, to each Holder affected by such event, at his the address of such Holder 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 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. In any case where notice to Holders is given by mail, neither the failure to mail or receive such notice, nor any defect in any such noticenotice so mailed, to any particular Holder shall affect the sufficiency or validity of such noticenotice with respect to other Holders. Where Any notice required by this Indenture provides for notice in any manner, such notice may be waived in writing by the Person entitled to receive such notice, either before or after the eventevent otherwise to be specified therein, and such waiver shall be the equivalent of such notice. Waivers of notice 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 regular mail service or by reason of any other cause it shall be impracticable to give such notice 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 any other provision of this Indenture or any SecurityNote, where this Indenture or any Security Note provides for notice of any event (including any notice of redemption) to a Holder of a Global Security Note (whether by mail or otherwise), such notice shall be sufficiently given if given to the Depositary for such Security (or its designee) pursuant to the Applicable Proceduresstanding instructions from the Depositary (or its designee), including by electronic mail in accordance with rules and procedures of the Depositary.

Appears in 1 contract

Sources: Indenture (Nextera Energy Inc)

Notice to Holders; Waiver. Where this Indenture provides for notice to Holders of any event, such notice shall be sufficiently given (unless otherwise herein expressly provided) if in writing and mailed, first‑class first-class postage prepaid, to each Holder affected by such event, at his its 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 to Holders is given by mail, neither the failure to mail or receive such notice, nor any defect in any such noticenotice so mailed, to any particular Holder shall affect the sufficiency or validity of such noticenotice with respect to other Holders. Any notice mailed to a Holder in the aforesaid manner shall be conclusively deemed to have been received by such Holder when mailed whether or not actually received by such Hxxxxx. Where this Indenture provides for notice in any manner, such notice may be waived in writing by the Person entitled to receive such notice, either before or after the event, and such waiver shall be the equivalent of such notice. Waivers of notice 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 regular mail service or by reason of any other cause cause, it shall be impracticable to give such notice 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 any other provision of this Indenture or any Security, where this Indenture or any Security provides for mail notice of any event (including as required by any notice provision of redemption) to a Holder this Indenture, then any method of a Global Security (whether by mail or otherwise), giving such notice as shall be sufficiently given if given satisfactory to the Depositary for Trustee shall be deemed to be a sufficient giving of such Security (or its designee) pursuant to the Applicable Proceduresnotice.

Appears in 1 contract

Sources: Indenture (Rogers Communications Inc)

Notice to Holders; Waiver. Where this Indenture provides for notice to Holders of any event, such notice shall be sufficiently given (unless otherwise herein expressly provided) if in writing and mailed, first‑class first-class postage prepaid, to each Holder affected by such event, at his such Holder’s 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. In any case where notice to Holders is given by mail, neither the failure to mail or receive such notice, nor any defect in any such noticenotice so mailed, to any particular Holder shall affect the sufficiency or validity of such noticenotice with respect to other Holders. Any notice when mailed to a Holder in the aforesaid manner shall be conclusively deemed to have been received by such Holder whether or not actually received by such Holder. Where this Indenture provides for notice in any manner, such notice may be waived in writing by the Person entitled to receive such notice, either before or after the event, and such waiver shall be the equivalent of such notice. Waivers of notice 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 regular mail service or by reason of any other cause cause, it shall be impracticable to give such notice 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 any other provision of this Indenture or any Security, where this Indenture or any Security provides for mail notice of any event (including as required by any notice provision of redemption) to a Holder this Indenture, then any method of a Global Security (whether by mail or otherwise), giving such notice as shall be sufficiently given if given reasonably satisfactory to the Depositary for Trustee shall be deemed to be a sufficient giving of such Security (or its designee) pursuant to the Applicable Proceduresnotice.

Appears in 1 contract

Sources: Indenture (Bally Franchise RSC Inc)

Notice to Holders; Waiver. Where this Indenture provides for notice to Holders of any event, such notice shall be sufficiently given (unless otherwise herein expressly provided) if in writing and mailedmailed (at the Company's expense), first‑class first-class postage prepaid, to each Holder affected by such event, at his its 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 to Holders is given by mail, neither the failure to mail or receive such notice, nor any defect in any such noticenotice so mailed, to any particular Holder shall affect the sufficiency or validity of such noticenotice with respect to other Holders. Any notice when mailed to a Holder in the aforesaid manner shall be conclusively deemed to have been received by such Holder whether or not actually received by such Holder. Where this Indenture provides for notice in any manner, such notice may be waived in writing by the Person entitled to receive such notice, either before or after the event, and such waiver shall be the equivalent of such notice. Waivers of notice 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 regular mail service or by reason of any other cause cause, it shall be impracticable to give such notice 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 any other provision of this Indenture or any Security, where this Indenture or any Security provides for mail notice of any event (including as required by any notice provision of redemption) to a Holder this Indenture, then any method of a Global Security (whether by mail or otherwise), giving such notice as shall be sufficiently given if given satisfactory to the Depositary for Trustee shall be deemed to be a sufficient giving of such Security (or its designee) pursuant to the Applicable Proceduresnotice.

Appears in 1 contract

Sources: Senior Secured Note Indenture (SLM International Inc /De)

Notice to Holders; Waiver. Where this Indenture provides for notice to Holders of any event, such notice shall be sufficiently given (unless otherwise herein expressly providedprovided herein) if in writing and mailed, first‑class first-class postage prepaid, to each Holder affected by such event, at his the address of such Holder 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. In any case where notice to Holders is given by mail, neither the failure to mail or receive such notice, nor any defect in any such noticenotice so mailed, to any particular Holder shall affect the sufficiency or validity of such noticenotice with respect to other Holders. Any notice when mailed to a Holder in the aforesaid manner shall be conclusively deemed to have been received by such Holder whether or not actually received by such Holder. Where this Indenture provides for notice in any manner, such notice may be waived in writing by the Person entitled to receive such notice, either before or after the event, and such waiver shall be the equivalent of such notice. Waivers of notice 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 regular mail service or by reason of any other cause cause, it shall be impracticable to give such notice 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 any other provision of this Indenture or any Security, where this Indenture or any Security provides for mail notice of any event (including as required by any notice provision of redemption) to a Holder this Indenture, then any method of a Global Security (whether by mail or otherwise), giving such notice as shall be sufficiently given if given reasonably satisfactory to the Depositary for Trustee shall be deemed to be a sufficient giving of such Security (or its designee) pursuant to the Applicable Proceduresnotice.

Appears in 1 contract

Sources: Indenture (Leiner Health Products Inc)

Notice to Holders; Waiver. Where this Indenture provides for notice to Holders of any event, such notice shall be sufficiently given (unless otherwise herein expressly provided) if in writing and mailed, first‑class first-class postage prepaid, to each Holder affected by such event, at 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 to Holders is given by mail, neither the failure to mail or receive such notice, nor any defect in any such noticenotice so mailed, to any particular Holder shall affect the sufficiency or validity of such noticenotice with respect to other Holders. Where this Indenture provides for notice in any manner, such notice may be waived in writing by the Person entitled to receive such notice, either before or after the event, and such waiver shall be the equivalent of such notice. Waivers of notice 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 and each Security Registrar, Paying Agent and other agent designated by it under Article Ten. If a notice or communication is mailed in the manner provided above, it is duly given on the date of such mailing, whether or not received by the addressee. 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 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 any other provision of this Indenture or any Security, where this Indenture or any Security provides for notice of any event (including any notice of redemption) to a Holder of a Global Security (whether by mail or otherwise), such notice shall be sufficiently given if given to the Depositary for such Security (or its designee) pursuant to the Applicable Procedures.

Appears in 1 contract

Sources: Indenture (Offshore Logistics Inc)

Notice to Holders; Waiver. Where this Indenture provides for notice to Holders of any event, such notice shall be sufficiently given (unless otherwise herein expressly provided) if in writing and mailed, first‑class first-class postage prepaid, to each Holder affected by such event, at his address as it appears in the Security Register, or in the case of any Global Security, at the address provided to the Trustee by the Holder thereof, not later than the latest date (if any), and not earlier than the earliest date (if any), prescribed for the giving of such notice. In any case where notice to Holders is given by mail, neither the failure to mail or receive such notice, nor any defect in any such noticenotice so mailed, to any particular Holder shall affect the sufficiency or validity of such noticenotice with respect to other Holders. Where this Indenture provides for notice in any manner, such notice may be waived in writing by the Person entitled to receive such notice, either before or after the event, and such waiver shall be the equivalent of such notice. Waivers of notice 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 regular mail service or by reason of any other cause it shall be impracticable to give such notice 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 any other provision of Any request, demand, authorization, directive, notice, consent or waiver required or permitted under this Indenture or any Security, where this Indenture or any Security provides for notice of any event (including any notice of redemption) to a Holder of a Global Security (whether by mail or otherwise), such notice shall be sufficiently given if given to in the Depositary for such Security (or its designee) pursuant to the Applicable ProceduresEnglish language.

Appears in 1 contract

Sources: Indenture (Diamond Cable Communications PLC)

Notice to Holders; Waiver. Where Except as otherwise expressly provided herein, where this Indenture provides for notice to Holders of any event, such notice shall be sufficiently given (unless otherwise herein expressly provided) given, and shall be deemed given, to Holders if in writing and mailed, first‑class first-class postage prepaid, to each Holder affected by such event, at his the address of such Holder 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 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. In any case where notice to Holders is given by mail, neither the failure to mail or receive such notice, nor any defect in any such noticenotice so mailed, to any particular Holder shall affect the sufficiency or validity of such noticenotice with respect to other Holders. Where 000-0000-0000/7/AMERICAS Any notice required by this Indenture provides for notice in any manner, such notice may be waived in writing by the Person entitled to receive such notice, either before or after the eventevent otherwise to be specified therein, and such waiver shall be the equivalent of such notice. Waivers of notice 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 regular mail service or by reason of any other cause it shall be impracticable to give such notice 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 any other provision of this Indenture or any SecurityNote, where this Indenture or any Security Note provides for notice of any event (including any notice of redemption) to a Holder of a Global Security Note (whether by mail or otherwise), such notice shall be sufficiently given if given to the Depositary for such Security (or its designee) pursuant to the Applicable Proceduresstanding instructions from the Depositary, including by electronic mail in accordance with rules and procedures of the Depositary.

Appears in 1 contract

Sources: Indenture (NextEra Energy Partners, LP)

Notice to Holders; Waiver. Where this Indenture Guarantee provides for notice of any event to the Holders of any eventSeries 6 Shares by the Guarantors or the Security Trustee, such notice shall be sufficiently given (unless otherwise herein expressly provided) if in writing and mailed, first‑class first-class postage prepaid, to each such Holder affected by such event, at his the Holder’s address as it appears in the Security Registerlist of Holders as provided by the Corporation, 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 noticenotice or in any other manner from time to time permitted by applicable laws, including, without limitation, internet-based or other electronic communications. In any case where notice to the Holders of Series 6 Shares is given by mail, neither the accidental failure to mail or receive such notice, nor any defect in any such noticenotice so mailed, to any particular Holder shall affect the sufficiency of such notice with respect to other Holders of Series 6 Shares, but upon such failure to mail or validity of such defect in any notice so mailed being discovered, the notice (as corrected to address any defects) shall be mailed forthwith to such Holder. Any notice mailed to a Holder in the manner herein prescribed shall be conclusively deemed to have been received by such Holder, whether or not such Holder actually receives such notice. Any request, demand, authorization, direction, notice, consent or waiver required or permitted under this Guarantee shall be in the English language. Where this Indenture Guarantee provides for notice in any manner, such notice may be waived in writing by the Person entitled to receive such notice, either before or after the event, and such waiver shall be the equivalent of such notice. Waivers of notice by Holders shall be filed with the Security 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 regular mail service or by reason of any other cause it shall be impracticable to give such notice 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 any other provision of this Indenture or any Security, where this Indenture or any Security provides for notice of any event (including any notice of redemption) to a Holder of a Global Security (whether by mail or otherwise), such notice shall be sufficiently given if given to the Depositary for such Security (or its designee) pursuant to the Applicable Procedures.

Appears in 1 contract

Sources: Guarantee Indenture (Brookfield Renewable Energy Partners L.P.)

Notice to Holders; Waiver. Where this Indenture provides for notice of any event to Holders of any eventby the Company or the Trustee, such notice shall be sufficiently given (unless otherwise herein expressly provided) if in writing and mailed, first‑class first-class postage prepaid, to each Holder affected by such event, at his the address of such Holder 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 to Holders is given by mail, neither the failure to mail or receive such notice, nor any defect in any such noticenotice so mailed, to any particular Holder shall affect the NYDOCS01/571795 3 sufficiency of such notice with respect to other Holders. Any notice mailed to a Holder in the manner herein prescribed shall be conclusively deemed to have been received by such Holder, whether or validity of not such Holder actually receives such notice. Where this Indenture provides for notice in any manner, such notice may be waived in writing by the Person entitled to receive such notice, either before or after the event, and such waiver shall be the equivalent of such notice. Waivers of notice 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 cause, it shall be impracticable to give mail notice of any event to Holders when such notice by mailis required to be given pursuant to any provision of this Indenture, then any manner of giving such notification notice as shall be made with the approval of satisfactory to the Trustee shall constitute be deemed to be a sufficient notification giving of such notice for every purpose hereunder. Notwithstanding any other provision of this Indenture or any Security, where this Indenture or any Security provides for notice of any event (including any notice of redemption) to a Holder of a Global Security (whether by mail or otherwise), such notice shall be sufficiently given if given to the Depositary for such Security (or its designee) pursuant to the Applicable Procedures.

Appears in 1 contract

Sources: Indenture (Qwest Communications International Inc)

Notice to Holders; Waiver. Where this Indenture provides for notice to Holders of any event, such notice shall be sufficiently given (unless otherwise herein expressly provided) if in writing and mailed, first‑class first-class postage prepaid, to each Holder affected by such event, at his 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. In any case where notice to Holders is given by mail, neither the failure to mail or receive such notice, nor any defect in any such noticenotice so mailed, to any particular Holder shall affect the sufficiency or validity of such noticenotice with respect to other Holders. Where this Indenture provides for notice in any manner, such notice may be waived in writing by the Person entitled to receive such notice, either before or after the eventevent otherwise to be specified therein, and such waiver shall be the equivalent of such notice. Waivers of notice 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 regular mail service or by reason of any other cause it shall be impracticable to give such notice 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 SECTION 110. Conflict with Trust Indenture Act. If any other provision of this Indenture limits, qualifies or conflicts with a provision of the Trust Indenture Act which is required under such Act to be a part of and govern this Indenture, the latter provision shall control. If any Security, where provision of this Indenture modifies or excludes any Security provides for notice provision of any event (including any notice of redemption) to a Holder of a Global Security (whether by mail the Trust Indenture Act which may be so modified or otherwise)excluded, such notice the latter provision shall be sufficiently given if given deemed to apply to this Indenture as so modified or to be excluded, as the Depositary for such Security (or its designee) pursuant to the Applicable Procedurescase may be.

Appears in 1 contract

Sources: General Mortgage Indenture (Centerpoint Energy Houston Electric LLC)

Notice to Holders; Waiver. Where this Indenture or any Security provides for notice to Holders of any event, such notice shall be sufficiently given (unless otherwise expressly provided herein expressly providedor in such Security) if in writing and sent by overnight air courier or mailed, first‑class first-class postage prepaid, to each Holder affected by such event, at his or her address as it appears in the Security RegisterRegister as of the applicable Record Date, not later than the latest date (if any), and not or earlier than the earliest date (if any), prescribed by this Indenture or such Security for the giving of such notice. In any case where notice to Holders is given by mail, neither the failure to mail or receive such notice, notice nor any defect in any such notice, notice so mailed to any particular Holder shall affect the sufficiency or validity of such noticenotice with respect to other Holders. Where this Indenture or any Security provides for notice in any manner, such notice may be waived in writing by the Person entitled to receive such notice, either before or after the event, and such waiver shall be the equivalent of such notice. Waivers of notice 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 case, by reason of the suspension of regular mail service as a result of a strike, work stoppage or by reason of any other cause otherwise, it shall be impracticable impractical to give mail notice of any event to any Holder when such notice by mail, then such notification as shall is required to be made with the approval of the Trustee shall constitute a sufficient notification for every purpose hereunder. Notwithstanding given pursuant to any other provision of this Indenture or any the applicable Security, where this Indenture or then any Security provides for notice method of any event (including any notice of redemption) to a Holder of a Global Security (whether by mail or otherwise), such notice notification as shall be sufficiently given if given satisfactory to the Depositary Trustee and the Company shall be deemed to be sufficient for the giving of such Security (or its designee) pursuant to the Applicable Proceduresnotice.

Appears in 1 contract

Sources: Indenture (Caraustar Industries Inc)

Notice to Holders; Waiver. Where this Indenture Guarantee provides for notice of any event to the Holders of any eventSeries 18 Preferred LP Units by the Guarantors or the Security Trustee, such notice shall be sufficiently given (unless otherwise herein expressly provided) if in writing and mailed, first‑class first-class postage prepaid, to each Holder affected by such event, at his the Holder’s address as it appears in the Security Registerlist of Holders as provided by the Partnership, 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 noticenotice or in any other manner from time to time permitted by applicable laws, including, without limitation, internet-based or other electronic communications. In any case where notice to the Holders of Series 18 Preferred LP Units is given by mail, neither the accidental failure to mail or receive such notice, nor any defect in any such noticenotice so mailed, to any particular Holder shall affect the sufficiency of such notice with respect to other Holders of Series 18 Preferred LP Units, but upon such failure to mail or validity of such defect in any notice so mailed being discovered, the notice (as corrected to address any defects) shall be mailed forthwith to such Holder. Any notice mailed to a Holder in the manner herein prescribed shall be conclusively deemed to have been received by such Holder, whether or not such Holder actually receives such notice. Any request, demand, authorization, direction, notice, consent or waiver required or permitted under this Guarantee shall be in the English language. Where this Indenture Guarantee provides for notice in any manner, such notice may be waived in writing by the Person entitled to receive such notice, either before or after the event, and such waiver shall be the equivalent of such notice. Waivers of notice by Holders shall be filed with the Security 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 regular mail service or by reason of any other cause it shall be impracticable to give such notice 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 any other provision of this Indenture or any Security, where this Indenture or any Security provides for notice of any event (including any notice of redemption) to a Holder of a Global Security (whether by mail or otherwise), such notice shall be sufficiently given if given to the Depositary for such Security (or its designee) pursuant to the Applicable Procedures.

Appears in 1 contract

Sources: Guarantee Indenture (Brookfield Renewable Partners L.P.)

Notice to Holders; Waiver. Where this Indenture provides for notice of any event to Holders of any eventRegistered Securities by the Company or the Trustee, such notice shall be sufficiently given (unless otherwise herein expressly provided) if in writing and mailed, first‑class first-class postage prepaid, to each such Holder affected by such event, at 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 (date, if any), prescribed for the giving of such notice. In any case where notice to Holders of Registered Securities is given by mail, neither the failure to mail or receive such notice, nor any defect in any such noticenotice so mailed, to any particular Holder shall affect the sufficiency of such notice with respect to other Holders of Registered Securities or validity the sufficiency of any notice to Holders of Bearer Securities given as provided herein. Any notice mailed to a Holder in the manner herein prescribed shall be conclusively deemed to have been received by such Holder, whether or not such Holder actually receives such notice. Where this Indenture provides for notice in any manner, such notice may be waived in writing by the Person entitled to receive such notice, either before or after the event, and such waiver shall be the equivalent of such notice. Waivers of notice 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 If by reason of the suspension of or irregularities in regular mail service or by reason of any other cause it shall be impracticable to give such notice by mail, then such notification to Holders of Registered Securities as shall be made with the approval of the Trustee shall constitute a sufficient notification to such Holders for every purpose hereunder. Notwithstanding any other provision of this Indenture or any Security, where this Indenture or any Security provides for notice of any event (including any notice of redemption) to a Holder of a Global Security (whether by mail or otherwise), such notice shall be sufficiently given if given to the Depositary for such Security (or its designee) pursuant to the Applicable Procedures.

Appears in 1 contract

Sources: Indenture (Excel Legacy Corp)

Notice to Holders; Waiver. Where this Indenture provides for notice to Holders of any event, such notice shall be sufficiently given (unless otherwise herein expressly provided) if in writing and mailed, first‑class first-class postage prepaid, to each Holder affected by such event, at his its 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 to Holders is given by mail, neither the failure to mail or receive such notice, nor any defect in any such noticenotice so mailed, to any particular Holder shall affect the sufficiency or validity of such noticenotice with respect to other Holders. Any notice mailed to a Holder in the aforesaid manner shall be conclusively deemed to have been received by such Holder when mailed whether or not actually received by such Holder. Where this Indenture provides for notice in any manner, such notice sucx xxxxce may be waived in writing by the Person entitled to receive such notice, either before or after the event, and such waiver shall be the equivalent of such notice. Waivers of notice 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 regular mail service or by reason of any other cause cause, it shall be impracticable to give such notice 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 any other provision of this Indenture or any Security, where this Indenture or any Security provides for mail notice of any event (including as required by any notice provision of redemption) to a Holder this Indenture, then any method of a Global Security (whether by mail or otherwise), giving such notice as shall be sufficiently given if given satisfactory to the Depositary for Trustee shall be deemed to be a sufficient giving of such Security (or its designee) pursuant to the Applicable Proceduresnotice.

Appears in 1 contract

Sources: Indenture (Rogers Cable Inc)

Notice to Holders; Waiver. Where this Indenture Guarantee provides for notice of any event to the Holders of any eventSeries 14 Preferred LP Units by the Guarantors or the Security Trustee, such notice shall be sufficiently given (unless otherwise herein expressly provided) if in writing and mailed, first‑class first-class postage prepaid, to each Holder affected by such event, at his the Holder’s address as it appears in the Security Registerlist of Holders as provided by the Partnership, 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 noticenotice or in any other manner from time to time permitted by applicable laws, including, without limitation, internet-based or other electronic communications. In any case where notice to the Holders of Series 14 Preferred LP Units is given by mail, neither the accidental failure to mail or receive such notice, nor any defect in any such noticenotice so mailed, to any particular Holder shall affect the sufficiency of such notice with respect to other Holders of Series 14 Preferred LP Units, but upon such failure to mail or validity of such defect in any notice so mailed being discovered, the notice (as corrected to address any defects) shall be mailed forthwith to such Holder. Any notice mailed to a Holder in the manner herein prescribed shall be conclusively deemed to have been received by such Holder, whether or not such Holder actually receives such notice. Any request, demand, authorization, direction, notice, consent or waiver required or permitted under this Guarantee shall be in the English language. Where this Indenture Guarantee provides for notice in any manner, such notice may be waived in writing by the Person entitled to receive such notice, either before or after the event, and such waiver shall be the equivalent of such notice. Waivers of notice by Holders shall be filed with the Security 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 regular mail service or by reason of any other cause it shall be impracticable to give such notice 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 any other provision of this Indenture or any Security, where this Indenture or any Security provides for notice of any event (including any notice of redemption) to a Holder of a Global Security (whether by mail or otherwise), such notice shall be sufficiently given if given to the Depositary for such Security (or its designee) pursuant to the Applicable Procedures.

Appears in 1 contract

Sources: Guarantee Indenture (Brookfield Renewable Partners L.P.)

Notice to Holders; Waiver. Where this Indenture provides for notice to Holders of any event, such notice shall be sufficiently given (unless otherwise herein expressly provided) if in writing and mailed, first‑class first-class postage prepaid, to each Holder affected by such event, at his 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. In any case where notice to Holders is given by mail, neither the failure to mail or receive such notice, nor any defect in any such notice, to any particular Holder shall affect the sufficiency or validity of such notice. Where this Indenture provides for notice in any manner, such notice may be waived in writing by the Person entitled to receive such notice, either before or after the event, and such waiver shall be the equivalent of such notice. Waivers of notice 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 regular mail service or by reason of any other cause it shall be impracticable to give such notice 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 any other provision of this Indenture or any Security, where this Indenture or any Security provides for notice of any event (including any notice of redemption) to a Holder of a Global Security (whether by mail or otherwise), such notice shall be sufficiently given if given to the Depositary for such Security (or its designee) pursuant to the Applicable Procedures.

Appears in 1 contract

Sources: Indenture (Northstar Realty Finance Corp.)

Notice to Holders; Waiver. Where this Indenture provides for notice to Holders of any event, such notice shall be sufficiently given (unless otherwise herein expressly provided) if in writing and mailed, first‑class first class postage prepaid, to each Holder affected by such event, at 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 to Holders is given by mail, neither the failure to mail or receive such notice, nor any defect in any such noticenotice so mailed, to any particular Holder shall affect the sufficiency or validity of such noticenotice with respect to other Holders. Any notice mailed in the manner prescribed by this Indenture shall be deemed to have been given whether or not received by any particular Holder. Where this Indenture provides for notice in any manner, such notice may be waived in writing by the Person entitled to receive such notice, either before or after the event, and such waiver shall be the equivalent of such notice. Waivers of notice 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 for any reason it shall be impossible to make publication of any notice in a newspaper of general circulation in the Borough of Manhattan, The City of New York, New York, when such publication is required to be given pursuant to any provision of this Indenture, then such manner of publication or notification as shall be made with the approval of the Trustee shall constitute a sufficient publication of such notice. 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 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 any other provision of this Indenture or any Security, where this Indenture or any Security provides for notice of any event (including any notice of redemption) to a Holder of a Global Security (whether by mail or otherwise), such notice shall be sufficiently given if given to the Depositary for such Security (or its designee) pursuant to the Applicable Procedures.

Appears in 1 contract

Sources: Indenture (Boise Cascade Trust Iii)

Notice to Holders; Waiver. Where this Indenture Agreement provides for notice to Holders of any event, such notice shall be sufficiently given (unless otherwise herein expressly provided) if in writing and mailed, first‑class first-class postage prepaid, to each Holder affected by such event, at his its 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 to Holders is given by mail, neither the failure to mail or receive such notice, nor any defect in any such notice, notice so mailed to any particular Holder shall affect the sufficiency or validity of such noticenotice with respect to other Holders. Where this Indenture Agreement provides for notice in any manner, such notice may be waived in writing by the Person entitled to receive such notice, either before or after the event, and such waiver shall be the equivalent of such notice. Waivers of notice by Holders shall be filed with the TrusteePurchase Contract Agent, 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 regular mail service or by reason of any other cause it shall be impracticable to give such notice by mail, then such notification as shall be made with the approval of the Trustee Purchase Contract Agent shall constitute a sufficient notification for every purpose hereunder. Notwithstanding any other provision of this Indenture Agreement or any SecurityGlobal Certificate, where this Indenture Agreement or any Security Global Certificate provides for notice of any event (including any notice of redemptionredemption or repurchase) to a Holder of a Global Security Certificate (whether by mail or otherwise), such notice shall be sufficiently given if given to the Depositary for such Security Depository (or its designee) pursuant to the standing instructions from the Depository or its designee, including by electronic mail in accordance with Applicable Procedures.

Appears in 1 contract

Sources: Purchase Contract and Pledge Agreement (Spire Inc)

Notice to Holders; Waiver. Where When this Senior Debt Securities Indenture provides for notice to Holders of any event, such notice shall be sufficiently given (unless otherwise herein expressly provided) if given in writing and mailed, first‑class first-class postage prepaid, to each Holder of a registered Senior Debt Security affected by such event, at his address as it appears event in the Security Registermanner and to the extent provided in Section 313(c) of the Trust Indenture Act with respect to reports pursuant to Section 7.03(a). For so long as the Senior Debt Securities of any series are represented by Global Securities, not later than the latest date Company will deliver a copy of all notices with respect to such series to the Holder (if any), and not earlier than the earliest date (if any), prescribed for the giving address of such noticeHolder is known to the Company). In any case where When notice to Holders of registered Senior Debt Securities is given by mail, neither the failure to mail or receive such notice, nor any defect in any such noticenotice so mailed, to any particular Holder shall affect the sufficiency or validity of such noticenotice with respect to other Holders. Where this Senior Debt Securities Indenture provides for notice in any manner, such notice may be waived in writing by the Person entitled to receive such notice, either before or after the event, and such waiver shall be the equivalent of such notice. Waivers of notice 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 regular mail service or by reason of any other cause it shall be impracticable to give such notice 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 any other provision of this Indenture or any Security, where this Indenture or any Security provides for notice of any event (including any notice of redemption) to a Holder of a Global Security (whether by mail or otherwise), such notice shall be sufficiently given if given to the Depositary for such Security (or its designee) pursuant to the Applicable Procedures.

Appears in 1 contract

Sources: Indenture (Royal Bank of Scotland Group PLC)