Notice to Holders; Waiver. Where this Indenture provides for notice or communication of any event to Holders by the Issuer or the Trustee, such notice shall be given (unless otherwise herein expressly provided) either (i) in writing and mailed, first-class postage prepaid, to each Holder affected by such event, at the address of such Holder as it appears in the Security Register or (ii) in the case of Securities held through the Depository, to Depository participants via the Depository’s electronic messaging system, not later than the latest date, and not earlier than the earliest date, prescribed for the giving of such notice. In any case where notice to Holders is given by mail or electronic delivery, neither the failure to electronically deliver or mail such notice, nor any defect in any notice so mailed or electronically delivered, to any particular Holder shall affect the sufficiency of such notice with respect to other Holders. Notices shall be effective only upon receipt. 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, it shall be impracticable to mail notice of any event to Holders when such notice is required to be given pursuant to any provision of this Indenture, then any manner of giving such notice as shall be satisfactory to the Trustee shall be deemed to be a sufficient giving of such notice for every purpose hereunder.
Appears in 9 contracts
Sources: Indenture (Qwest Corp), Indenture (Qwest Corp), Indenture (Qwest Corp)
Notice to Holders; Waiver. Where this Indenture provides for notice or communication to Holders of any event to Holders by the Issuer or the Trusteeevent, such notice shall be sufficiently given (unless otherwise herein expressly provided) either (i) if in writing and mailed, first-class postage prepaid, to each Holder affected by such event, at the his address of such Holder as it appears in the Security Register or (ii) in the case of Securities held through the Depository, to Depository participants via the Depository’s electronic messaging systemRegister, not later than the latest date, and not earlier than the earliest date, prescribed for the giving of such notice. In any case where notice to Holders is given by mail or electronic deliverymail, neither the failure to electronically deliver or mail such notice, nor any defect in any notice so mailed or electronically deliveredmailed, to any particular Holder shall affect the sufficiency of such notice with respect to other Holders. Notices Any notice mailed to a Holder in the manner herein prescribed shall be effective only upon receiptconclusively deemed to have been received by such Holder, regardless of whether 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 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 mail notice of any event to Holders when give such notice is required to be given pursuant to any provision of this Indentureby mail, then any manner of giving such notice notification as shall be satisfactory to made with the approval of the Trustee shall be deemed to be constitute a sufficient giving of such notice notification for every purpose hereunder.
Appears in 9 contracts
Sources: Indenture (Alto Ingredients, Inc.), Indenture (Pacific Ethanol, Inc.), Indenture (Globalstar, Inc.)
Notice to Holders; Waiver. Where this Indenture provides for notice or communication of any event to Holders by the Issuer Company or the Trustee, such notice shall be sufficiently given (unless otherwise herein expressly provided) either (i) if in writing and mailed, first-class postage prepaid, by email or such other applicable customary procedures of the Depository, to each Holder affected by such event, at the such Holder’s address of such Holder as it appears in the Security Register or (ii) in the case of Securities held through the Depository, to Depository participants via the Depository’s electronic messaging systemNote Register, not later than the latest date, and not earlier than the earliest date, prescribed for the giving of such notice. In any case where notice to Holders is given by mail or electronic deliverymail, neither the failure to electronically deliver or mail such notice, nor any defect in any notice so mailed or electronically deliveredmailed, to any particular Holder shall affect the sufficiency of such notice with respect to other Holders. Notices Any notice mailed to a Holder in the manner herein prescribed shall be effective only upon receiptconclusively 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 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, it shall be impracticable to mail notice of any event to Holders when such notice is required to be given pursuant to any provision of this Indenture, then any manner of giving such notice as shall be satisfactory to the Trustee shall be deemed to be a sufficient giving of such notice for every purpose hereunder.
Appears in 4 contracts
Sources: Indenture (Wheeler Real Estate Investment Trust, Inc.), Indenture (Wheeler Real Estate Investment Trust, Inc.), Indenture (Wheeler Real Estate Investment Trust, Inc.)
Notice to Holders; Waiver. Where this Indenture provides for notice or communication of any event to Holders by the Issuer or the TrusteeHolders, such notice shall be sufficiently given (unless otherwise herein expressly provided) either (i) if in writing and mailed, first-class postage prepaid, to each Holder affected by such event, at the his address of such Holder as it appears in the Security Register or (ii) in the case of Securities held through the Depository, to Depository participants via the Depository’s electronic messaging systemRegister, not later than the latest date, and not earlier than the earliest date, prescribed for the giving of such notice. In any case where notice to Holders is given by mail or electronic deliverymail, neither the failure to electronically deliver or mail such notice, nor any defect in any notice so mailed or electronically deliveredmailed, to any particular Holder shall affect the sufficiency of such notice with respect to other Holders. Notices Any notice mailed to a Holder in the manner herein prescribed shall be effective only upon receiptconclusively 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 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, it shall be impracticable to mail notice of any event to Holders when such notice is required to be given pursuant to any provision of this Indenture, then any manner of giving such notice as shall be satisfactory to the Trustee shall be deemed to be a sufficient giving of such notice for every purpose hereunder. Any notices hereunder that are required to be given to the Casino Control Commission shall be addressed to: Document Control Unit, Casino Control Commission, Tennessee Avenue and the ▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇, Attention: Chief of Administrative Operations. Any notices hereunder that are required to be given to the Division of Gaming Enforcement shall be addressed to: Division of Gaming Enforcement, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇-▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇, Attention: Deputy Director for the Division of Gaming Enforcement.
Appears in 3 contracts
Sources: Indenture (Atlantic Coast Entertainment Holdings Inc), Indenture (Atlantic Coast Entertainment Holdings Inc), Indenture (Gb Property Funding Corp)
Notice to Holders; Waiver. Where this Indenture provides for notice or communication to Holders of any event to Holders by the Issuer or the Trusteeevent, such notice shall be sufficiently given (unless otherwise herein expressly provided) either (i) if in writing and mailed, first-class postage prepaid, to each Holder affected by such event, at the its address of such Holder as it appears in the Security Register or (ii) in the case of Securities held through the Depository, to Depository participants via the Depository’s electronic messaging systemRegister, not later than the latest date, and not earlier than the earliest date, prescribed for the giving of such notice. In any case where notice to Holders is given by mail or electronic deliverymail, neither the failure to electronically deliver or mail such notice, nor any defect in any notice so mailed or electronically deliveredmailed, to any particular Holder shall affect the sufficiency of such notice with respect to other Holders. Notices Any notice when mailed to a Holder in the aforesaid manner shall be effective only upon receiptconclusively 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 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, it shall be impracticable to mail notice of any event to Holders when such notice is as required to be given pursuant to by any provision of this Indenture, then any manner method of giving such notice as shall be satisfactory to the Trustee shall be deemed to be a sufficient giving of such notice for every purpose hereundernotice.
Appears in 3 contracts
Sources: Collateralized Note Indenture (Huntway Partners L P), Collateralized Note Indenture (Huntway Partners L P), Senior Secured Note Indenture (SLM International Inc /De)
Notice to Holders; Waiver. Where this Indenture provides for notice or communication to Holders of any event to Holders by the Issuer or the Trusteeevent, such notice shall be sufficiently given (unless otherwise herein expressly provided) either (i) if in writing and mailed, first-class postage prepaid, to each Holder affected by such event, at the his address of such Holder as it appears in the Security Register or (ii) in the case of Securities held through the Depository, to Depository participants via the Depository’s electronic messaging systemRegister, not later than the latest date, and not earlier than the earliest date, prescribed for the giving of such noticenotice provided, however, that, in any case, any notice to Holders of Floating Rate Securities regarding the determination of a periodic rate of interest, if such notice is required pursuant to Section 3.1, shall be sufficiently given if given in the manner specified pursuant to Section 3.
1. In any case where notice to Holders is given by mail or electronic deliverymail, neither the failure to electronically deliver or mail such notice, nor any defect in any notice so mailed or electronically deliveredmailed, to any particular Holder shall affect the sufficiency of such notice with respect to other Holders. Notices shall be effective only upon receipt. Where this Indenture provides for notice in any manner, such notice may be waived in writing by the person 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 mail notice of any event to Holders when give such notice is required to be given pursuant to any provision of this Indentureby mail, then any manner of giving such notice notification as shall be satisfactory to made with the approval of the Trustee shall be deemed to be constitute a sufficient giving of such notice notification for every purpose hereunder.
Appears in 3 contracts
Sources: Indenture (Belo a H Corp), Indenture (Argyle Television Inc), Indenture (Argyle Television Inc)
Notice to Holders; Waiver. Where this Indenture provides for notice or communication of any event to Holders by the Issuer or the Trustee, such notice shall be given (unless otherwise herein expressly provided) either (i) in writing and mailed, first-class postage prepaid, to each Holder affected by such event, at the address of such Holder as it appears in the Security Note Register or (ii) in the case of Securities Notes held through the Depository, to Depository participants via the Depository’s electronic messaging system, not later than the latest date, and not earlier than the earliest date, prescribed for the giving of such notice. In any case where notice to Holders is given by mail or electronic delivery, neither the failure to electronically deliver or mail such notice, nor any defect in any notice so mailed or electronically delivered, to any particular Holder shall affect the sufficiency of such notice with respect to other Holders. Notices shall be effective only upon receipt. 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, it shall be impracticable to mail notice of any event to Holders when such notice is required to be given pursuant to any provision of this Indenture, then any manner of giving such notice as shall be satisfactory to the Trustee shall be deemed to be a sufficient giving of such notice for every purpose hereunder.
Appears in 3 contracts
Sources: Indenture (Qwest Corp), Indenture (Qwest Corp), Indenture (Qwest Corp)
Notice to Holders; Waiver. Where this the Indenture provides for notice or communication to Holders of any event to Holders by the Issuer or the Trusteeevent, such notice shall be sufficiently given (unless otherwise herein expressly provided) either (i) if in writing and mailed, 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 the its address of such Holder as it appears in the Security Register or (ii) in the case of Securities held through the Depository, to Depository participants via the Depository’s electronic messaging systemRegister, not later than the latest datedate (if any), and not earlier than the earliest datedate (if any), prescribed for the giving of such notice. In any case where notice to Holders is given by mail or electronic deliverymail, neither the failure to electronically deliver or mail such notice, nor any defect in any notice so mailed or electronically deliveredmailed, to any particular Holder shall affect the sufficiency of such notice with respect to other Holders. Notices shall be effective only upon receiptIf notice is mailed to Holders in the manner provided in this Section 106, 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 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 mail notice of any event to Holders when give such notice is required to be given pursuant to any provision of this Indentureby mail, then any manner of giving such notice notification as shall be satisfactory to made in consultation with the Trustee shall be deemed to be constitute a sufficient giving of such notice notification for every purpose hereunder.
Appears in 2 contracts
Sources: Indenture (Weatherford International PLC), Indenture (Weatherford International PLC)
Notice to Holders; Waiver. Where this Indenture provides for notice or communication of any event to Holders by the Issuer Company, the Trustee or the Trusteeany Paying Agent, such notice shall be sufficiently given (unless otherwise herein expressly provided) either (i) if in writing (in the English language) and mailed, first-class postage prepaid, to each Holder affected by such event, at the his address of such Holder as it appears in the Security Register or (ii) in the case of Securities held through the Depository, to Depository participants via the Depository’s electronic messaging systemRegister, not later than the latest date, and not earlier than the earliest date, prescribed for the giving of such notice. In any case where notice to Holders is given by mail or electronic deliverymail, neither the failure to electronically deliver or mail such notice, nor any defect in any notice so mailed or electronically deliveredmailed, to any particular Holder shall affect the sufficiency of such notice with respect to other Holders. Notices Any notice mailed to a Holder in the manner herein prescribed shall be effective only upon receiptconclusively 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 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, it shall be impracticable to mail notice of any event to Holders when such notice is required to be given pursuant to any provision of this Indenture, then any manner of giving such notice as shall be satisfactory to the Trustee shall be deemed to be a sufficient giving of such notice for every purpose hereunder.
Appears in 2 contracts
Sources: Indenture (Nuevo Energy Co), Indenture (Nuevo Energy Co)
Notice to Holders; Waiver. Where this Indenture provides for notice or communication of any event to Holders by the Issuer or the Trustee, such notice shall be given (unless otherwise herein expressly provided) either (i) in writing and mailed, first-class postage prepaid, to each Holder affected by such event, at the address of such Holder as it appears in the Security Note Register or (ii) in the case of Securities New Notes held through the Depository, to Depository participants via the Depository’s electronic messaging system, not later than the latest date, and not earlier than the earliest date, prescribed for the giving of such notice. In any case where notice to Holders is given by mail or electronic delivery, neither the failure to electronically deliver or mail such notice, nor any defect in any notice so mailed or electronically delivered, to any particular Holder shall affect the sufficiency of such notice with respect to other Holders. Notices shall be effective only upon receipt. 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, it shall be impracticable to mail notice of any event to Holders when such notice is required to be given pursuant to any provision of this Indenture, then any manner of giving such notice as shall be satisfactory to the Trustee shall be deemed to be a sufficient giving of such notice for every purpose hereunder.
Appears in 2 contracts
Sources: Indenture (Level 3 Parent, LLC), Indenture (Level 3 Parent, LLC)
Notice to Holders; Waiver. Where this Indenture provides for notice or communication to Holders of any event to Holders by the Issuer or the Trusteeevent, such notice shall be sufficiently given (unless otherwise herein expressly provided) either (i) if in writing and mailed, first-class postage prepaid, to each Holder affected by such event, at the his address of such Holder as it appears in the Security Register or (ii) in the case of Securities held through the Depository, to Depository participants via the Depository’s electronic messaging systemRegister, not later than the latest datedate (if any), and not earlier than the earliest datedate (if any), prescribed for the giving of such notice. Any notice shall also be so mailed to any Person described in Section 313(c) of the Trust Indenture Act, to the extent required by the Trust Indenture Act. In any case where notice to Holders is given by mail or electronic deliverymail, neither the failure to electronically deliver or mail such notice, nor any defect in any notice so mailed or electronically deliveredmailed, to any particular Holder shall affect the sufficiency of such notice with respect to other Holders. Notices shall be effective only upon receipt. Where this Indenture provides for notice in any manner, such notice may be waived in writing by the person 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 mail 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. Where this Indenture provides for notice of any event to Holders when a Holder of a Global Security, such notice is required shall be sufficiently given if given to be given the Depositary for such Security (or its designee), pursuant to any provision of this Indentureits Applicable Procedures, then any manner of giving such notice as shall be satisfactory to not later than the Trustee shall be deemed to be a sufficient latest date (if any), and not earlier than the earliest date (if any), prescribed for the giving of such notice for every purpose hereundernotice.
Appears in 2 contracts
Sources: Indenture (Cott USA Finance LLC), Indenture (Cott USA Finance LLC)
Notice to Holders; Waiver. Where this Indenture provides for notice or communication to Holders of any event to Holders by the Issuer or the Trusteeevent, such notice shall be sufficiently given (unless otherwise herein expressly provided) either (i) if in writing and mailed, first-class postage prepaid, to each Holder affected by such event, at the his address of such Holder as it appears in the Security Register or (ii) in the case of Securities held through the Depository, to Depository participants via the Depository’s electronic messaging systemRegister, not later than the latest date, and not earlier than the earliest date, prescribed for the giving of such noticenotice provided, however, that, in any case, any notice to Holders of Floating Rate Securities regarding the determination of a periodic rate of interest, if such notice is required pursuant to Section 3.01, shall be sufficiently given if given in the manner specified pursuant to Section 3.
01. In any case where notice to Holders is given by mail or electronic deliverymail, neither the failure to electronically deliver or mail such notice, nor any defect in any notice so mailed or electronically deliveredmailed, to any particular Holder shall affect the sufficiency of such notice with respect to other Holders. Notices shall be effective only upon receipt. Where this Indenture provides for notice in any manner, such notice may be waived in writing by the person 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 mail notice of any event to Holders when give such notice is required to be given pursuant to any provision of this Indentureby mail, then any manner of giving such notice notification as shall be satisfactory to made with the approval of the Trustee shall be deemed to be constitute a sufficient giving of such notice notification for every purpose hereunder.
Appears in 2 contracts
Sources: Indenture (Tribune Co), Trust Indenture (Tribune Co)
Notice to Holders; Waiver. Where this Indenture provides for notice or communication of any event to Holders by the Issuer or the Trustee(including any notice of redemption), such notice shall be sufficiently given (unless otherwise herein expressly provided) either (i) if in writing (including facsimile or other electronic transmission) and mailed, first-class postage prepaid, to each Holder affected by such evententitled thereto, at the his last address of such Holder as it appears in the Security Register or if given to the applicable Depositary (iior its designee) according to the applicable procedures of such Depositary. If such notice or communication is mailed (or delivered by electronic transmission in accordance with the applicable procedures of the Depositary) in the case of Securities held through manner provided above within the Depositorytime prescribed herein, to Depository participants via it is duly given, whether or not the Depository’s electronic messaging system, not later than the latest date, and not earlier than the earliest date, prescribed for the giving of such noticeaddressee receives it. In any case where notice to Holders is given by mail or electronic deliverygiven, neither the failure to electronically deliver or mail send such notice, nor any defect in any notice so mailed or electronically deliveredsent, to any particular Holder shall affect the sufficiency of such notice with respect to other Holders. Notices shall be effective only upon receipt. Where this Indenture provides for notice in any manner, such Such notice may be waived in writing by the person 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 If the suspension of Company sends a notice or irregularities in regular mail service or by reason of communication to Holders, it will send a copy to the Trustee and each agent at the same time. Notwithstanding any other causeprovision of this Indenture or any Security, it shall be impracticable to mail where this Indenture or any Security provides for notice of any event (including any notice of redemption or purchase) to Holders when a Holder of a Global Security (whether by mail or otherwise), such notice is required shall be sufficiently given if given to be given the Depositary pursuant to any provision of this Indenturethe standing instructions from the Depositary. Notices given by first-class mail, then any manner of giving such notice as shall be satisfactory to the Trustee shall postage prepaid, will be deemed to be a sufficient giving of such notice for every purpose hereundergiven five calendar days after mailing.
Appears in 2 contracts
Sources: Indenture (Argo Blockchain PLC), Indenture (Argo Blockchain PLC)
Notice to Holders; Waiver. Where this Indenture provides for notice or communication to Holders of any event to Holders by the Issuer or the Trusteeevent, such notice shall be sufficiently given (unless otherwise herein expressly provided) either (i) if in writing and mailed, first-class postage prepaid, to each Holder affected by such event, at the his address of such Holder as it appears in the Security Register or (ii) in the case of Securities held through the Depository, to Depository participants via the Depository’s electronic messaging systemRegister, not later than the latest date, and not earlier than the earliest date, prescribed for the giving of such noticenotice provided, however, that, in any case, any notice to Holders of Floating Rate Securities regarding the determination of a periodic rate of interest, if such notice is required pursuant to Section 3.01, shall be sufficiently given if given in the manner specified pursuant to Section 3.01. In any case where notice to Holders is given by mail or electronic deliverymail, neither the failure to electronically deliver or mail such notice, nor any defect in any notice so mailed or electronically deliveredmailed, to any particular Holder shall affect the sufficiency of such notice with respect to other Holders. Notices shall be effective only upon receipt. Where this Indenture provides for notice in any manner, such notice may be waived in writing by the person 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 mail notice of any event to Holders when give such notice is required to be given pursuant to any provision of this Indentureby mail, then any manner of giving such notice notification as shall be satisfactory to made with the approval of the Trustee shall be deemed to be constitute a sufficient giving of such notice notification for every purpose hereunder.
Appears in 1 contract
Sources: Indenture (Tribune Co)
Notice to Holders; Waiver. Where this Indenture provides for notice or communication of any event to Holders by the Issuer Company, the Trustee or the Trusteeany Paying Agent, such notice shall will be sufficiently given (unless otherwise herein 100 expressly provided) either (i) if in writing (in the English language) and mailed, first-class postage prepaid, to each Holder affected by such event, at the his address of such Holder as it appears in the Security Register or (ii) in the case of Securities held through the Depository, to Depository participants via the Depository’s electronic messaging systemNote Register, not later than the latest date, and not earlier than the earliest date, prescribed for the giving of such notice. In any case where notice to Holders is given by mail or electronic deliverymail, neither the failure to electronically deliver or mail such notice, nor any defect in any notice so mailed or electronically deliveredmailed, to any particular Holder shall will affect the sufficiency of such notice with respect to other Holders. Notices shall Any notice mailed to a Holder in the manner herein prescribed will be effective only upon receiptconclusively 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 Person entitled to receive such notice, either before herein or after the event, and such waiver shall will be the equivalent of such notice. Waivers of notice by Holders shall will be filed with the Trustee, but such filing shall will not be a condition precedent to the validity of any action taken in reliance upon such waiver. In case by reason of the suspension of or irregularities in regular mail service or by reason of any other cause, it shall will be impracticable to mail notice of any event to Holders when such notice is required to be given pursuant to any provision of this Indenture, then any manner of giving such notice as shall will be satisfactory to the Trustee shall will be deemed to be a sufficient giving of such notice for every purpose hereunder.
Appears in 1 contract
Sources: Indenture (Mission Resources Corp)
Notice to Holders; Waiver. Where this Indenture provides for notice or communication to Holders of any event to Holders by the Issuer or the Trusteeevent, such notice shall be sufficiently given (unless otherwise herein expressly provided) either (i) if in writing and mailed, first-class postage prepaid, or delivered by recognized overnight courier or electronic mail, to each Holder affected by such event, at the its address of such Holder as it appears in the Security Register or (ii) in the case of Securities held through the Depository, to Depository participants via the Depository’s electronic messaging systemRegister, not later than the latest date, and not earlier than the earliest date, prescribed for the giving of such noticenotice or by any other manner deemed acceptable to the Trustee. In any case where notice to Holders is given by mail or electronic other sufficient delivery, neither the failure to electronically mail or deliver or mail such notice, nor any defect in any notice so mailed or electronically delivered, to any particular Holder shall affect the sufficiency of such notice with respect to other Holders. Notices Any notice when mailed or delivered to a Holder in the aforesaid manner shall be effective only upon receiptconclusively 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 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, it shall be impracticable to mail notice of any event to Holders when such notice is as required to be given pursuant to by any provision of this Indenture, then any manner method of giving such notice as shall be reasonably satisfactory to the Trustee shall be deemed to be a sufficient giving of such notice for every purpose hereundernotice.
Appears in 1 contract
Notice to Holders; Waiver. Where this Indenture or any Security provides for notice or communication to Holders of any event to Holders by the Issuer or the Trusteeevent, such notice shall be deemed sufficiently given (unless otherwise herein or in such Security expressly provided) either (i) if in writing and mailed, first-first- class postage prepaid, to each Holder affected by such event, at the his address of such Holder as it appears in the Security Register or (ii) in the case of Securities held through the Depository, to Depository participants via the Depository’s electronic messaging systemRegister, not later than the latest date, and not earlier than the earliest date, prescribed for the giving of such noticenotice provided, however, that, in any case, any notice to Holders of Floating Rate -------- ------- Securities regarding the determination of a periodic rate of interest, if such notice is required pursuant to Section 3.01, shall be sufficiently given if ------------ given in the manner specified pursuant to Section 3.01. In any case where notice ------------ to Holders is given by mail or electronic deliverymail, neither the failure to electronically deliver or mail such notice, nor any defect in any notice so mailed or electronically deliveredmailed, to any particular Holder shall affect the sufficiency of such notice with respect to other Holders. Notices shall be effective only upon receiptHolders or the validity of the proceedings to which such notice relates. Where this Indenture or any Security provides for notice in any manner, such notice may be waived in writing by the person 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 mail notice of any event to Holders when give such notice is required to be given pursuant to any provision of this Indentureby mail, then any manner of giving such notice notification as shall be satisfactory to made with the approval of the Trustee shall be deemed to be constitute a sufficient giving of such notice notification for every purpose hereunder.
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Sources: Indenture (Tribune Co)
Notice to Holders; Waiver. Where this Indenture provides for notice or communication of any event to Holders by the Issuer Company or the Trustee, such notice shall be sufficiently given (unless otherwise herein expressly provided) either (i) if in writing and mailed, first-class postage prepaid, or delivered by overnight courier or facsimile, to each such Holder affected by such event, at the his or her address of such Holder as it appears in the Security Register or (ii) in the case of Securities held through the Depository, to Depository participants via the Depository’s electronic messaging systemRegister, not later than the latest date, and not earlier than the earliest date, prescribed for the giving of such notice. In any case where notice to Holders is given by mail or electronic deliverymail, neither the failure to electronically deliver or mail such notice, nor any defect in any notice so mailed or electronically deliveredmailed, to any particular Holder shall affect the sufficiency of such notice with respect to other Holders. Notices Any notice mailed to a Holder in the manner herein prescribed shall be effective only upon receiptconclusively 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 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, it shall be impracticable to mail notice of any event to Holders when such notice is required to be given pursuant to any provision of this Indenture, then any manner of giving such notice as shall be satisfactory to the Trustee shall be deemed to be a sufficient giving of such notice for every purpose hereunder.
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Sources: Indenture (East Coast Power LLC)
Notice to Holders; Waiver. Where this Indenture provides for notice or communication to Holders of Securities of any event to Holders by the Issuer or the Trusteeevent, such notice shall be sufficiently given (unless otherwise herein expressly provided) either (i) with respect to Securities evidenced by a global Security, in accordance with the Depository’s applicable procedures, and (ii) with respect to other Securities, if in writing and mailed, first-class postage prepaid, to each Holder affected by such event, at the address of such Holder as it appears in the Security Register or (ii) Register, in the either case of Securities held through the Depository, to Depository participants via the Depository’s electronic messaging system, not later than the latest date, and not earlier than the earliest date, prescribed for the giving of such notice. In case by reason of the suspension of regular mail service, or by reason of any case where other cause it shall be impracticable to give such notice to Holders of Securities 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 in which notice to Holders of Securities is given by mail or electronic deliverymail, neither the failure to electronically deliver or mail such notice, nor any defect in any notice so mailed or electronically deliveredmailed, to any particular Holder of a Security, shall affect the sufficiency of such notice with respect to other Holders. Notices shall be effective only upon receiptHolders of Securities. Where this Indenture provides for notice in any manner, such notice may be waived in writing by the person 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, it shall be impracticable to mail notice of any event to Holders when such notice is required to be given pursuant to any provision of this Indenture, then any manner of giving such notice as shall be satisfactory to the Trustee shall be deemed to be a sufficient giving of such notice for every purpose hereunder.
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Notice to Holders; Waiver. Where this the Indenture provides for notice or communication to Holders of any event to Holders by the Issuer or the Trusteeevent, such notice shall be sufficiently given (unless otherwise herein expressly provided) either (i) if in writing and mailed, 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 the its address of such Holder as it appears in the Security Register or (ii) in the case of Securities held through the Depository, to Depository participants via the Depository’s electronic messaging systemRegister, not later than the latest datedate (if any), and not earlier than the earliest datedate (if any), prescribed for the giving of such notice. In any case where notice to Holders is given by mail or electronic deliverymail, neither the failure to electronically deliver or mail such notice, nor any defect in any notice so mailed or electronically deliveredmailed, to any particular Holder shall affect the sufficiency of such notice with respect to other Holders. Notices shall be effective only upon receiptIf 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 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 mail notice of any event to Holders when give such notice is required to be given pursuant to any provision of this Indentureby mail, then any manner of giving such notice notification as shall be satisfactory to made in consultation with the Trustee shall be deemed to be constitute a sufficient giving of such notice notification for every purpose hereunder.
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Notice to Holders; Waiver. Where this Indenture provides for notice The Corporation shall cause all notices regarding the Securities to be published through a recognized newswire service, which is expected to be the newswire service of Bloomberg L.P. (or communication of if Bloomberg L.P. does not then operate such newswire service, any similar agency). Additionally, in the event to Holders that the Securities are in definitive registered form, notices will be sent, by the Issuer or the Trustee, such notice shall be given (unless otherwise herein expressly provided) either (i) in writing and mailed, first-class mail, postage prepaid, with a copy to the Trustees and the Paying Agent, to each Holder affected by at such event, at the Holder’s address of such Holder as it appears in the Security Register Register. If and so long as any Securities are represented by one or (ii) in more Global Securities and ownership of book-entry interests therein are shown on the case records of Securities held through DTC or any successor depository, at the Depositoryrequest of the Corporation, notices will be delivered to Depository participants via each such clearing agency for communication to the Depository’s electronic messaging system, not later than the latest date, and not earlier than the earliest date, prescribed for the giving owners of such noticebook-entry interests, with a copy to the Trustees and the Agents. In any case where notice to Holders is Notices given by mail or electronic deliverypublication will be deemed given on the first date on which publication is made and notices given by first-class mail, neither the failure to electronically deliver or mail such noticepost prepaid, nor any defect in any notice so mailed or electronically delivered, to any particular Holder shall affect the sufficiency of such notice with respect to other Holders. Notices shall will be effective only upon receiptdeemed given five calendar days after mailing. Where this Indenture provides or the Securities provide for or permit notice in any manner, such notice may be waived in writing by the person 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 TrusteeTrustees, but such filing shall not be a condition precedent to the validity of any action taken in reliance upon such waiver. In case by reason of the suspension of or irregularities in regular mail service or by reason of any other cause, it shall be impracticable to mail notice of any event to Holders when such notice is required to be given pursuant to any provision of this Indenture, then any manner of giving such notice as shall be satisfactory to the Trustee shall be deemed to be a sufficient giving of such notice for every purpose hereunder.
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Sources: Indenture
Notice to Holders; Waiver. Where this Indenture provides for notice or communication of any event to Holders by the Issuer Company, the Trustee or the Trusteeany Paying Agent, such notice shall will be sufficiently given (unless otherwise herein 112 expressly provided) either (i) if in writing (in the English language) and mailed, first-first- class postage prepaid, to each Holder affected by such event, at the his address of such Holder as it appears in the Security Register or (ii) in the case of Securities held through the Depository, to Depository participants via the Depository’s electronic messaging systemRegister, not later than the latest date, and not earlier than the earliest date, prescribed for the giving of such notice. In any case where notice to Holders is given by mail or electronic deliverymail, neither the failure to electronically deliver or mail such notice, nor any defect in any notice so mailed or electronically deliveredmailed, to any particular Holder shall will affect the sufficiency of such notice with respect to other Holders. Notices shall Any notice mailed to a Holder in the manner herein prescribed will be effective only upon receiptconclusively 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 Person entitled to receive such notice, either before herein or after the event, and such waiver shall will be the equivalent of such notice. Waivers of notice by Holders shall will be filed with the Trustee, but such filing shall will not be a condition precedent to the validity of any action taken in reliance upon such waiver. In case by reason of the suspension of or irregularities in regular mail service or by reason of any other cause, it shall will be impracticable to mail notice of any event to Holders when such notice is required to be given pursuant to any provision of this Indenture, then any manner of giving such notice as shall will be satisfactory to the Trustee shall will be deemed to be a sufficient giving of such notice for every purpose hereunder.
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Notice to Holders; Waiver. Where this Indenture provides for notice or communication to Holders of any event to Holders by the Issuer or the Trusteeevent, such notice shall be sufficiently given (unless otherwise herein expressly provided) either (i) if in writing and mailed, first-class postage prepaid, to each Holder affected by such event, at the his address of such Holder as it appears in the Security Register or (ii) in the case of Securities held through the Depository, to Depository participants via the Depository’s electronic messaging systemRegister, not later than the latest date, and not earlier than the earliest date, prescribed for the giving of such notice. In any case where notice to Holders is given by mail or electronic deliverymail, neither the failure to electronically deliver or mail such notice, nor any defect in any notice so mailed or electronically deliveredmailed, to any particular Holder shall affect the sufficiency of such notice with respect to other Holders. Notices Any notice when mailed to a Holder in the aforesaid manner shall be effective only upon receiptconclusively 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 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, it shall be impracticable to mail notice of any event to Holders when such notice is as required to be given pursuant to by any provision of this Indenture, then any manner method of giving such notice as shall be satisfactory to the Trustee shall be deemed to be a sufficient giving of such notice for every purpose hereundernotice. Section 108. [RESERVED].
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Notice to Holders; Waiver. Where When this Indenture provides for notice or communication to Holders of any event to Holders by the Issuer or the Trusteeevent, (1) such notice shall be sufficiently given to Registered Holders (unless otherwise herein expressly provided) either (i) if in writing and mailed, first-class postage prepaid, to each Holder affected by such event, at the address of such Holder Registered Holders as it appears their names and addresses appear in the Security Register or (ii) Register, within the time prescribed; provided, however, that, in the case of Securities held through the Depositoryany case, to Depository participants via the Depository’s electronic messaging system, not later than the latest date, and not earlier than the earliest date, prescribed for the giving of such notice. In any case where notice to Holders is given by mail or electronic deliveryof Floating Rate Securities regarding the determination of a periodic rate of interest, neither the failure to electronically deliver or mail such notice, nor any defect in any notice so mailed or electronically delivered, to any particular Holder shall affect the sufficiency of if such notice with respect is required pursuant to other Holders. Notices Section 3.1, shall be effective only upon receiptsufficiently given if given in the manner specified pursuant to Section 3.
1. In the event of suspension of regular mail service or by reason of any other cause it shall be impracticable to give notice by mail, such notification as shall be given with the approval of the Trustee shall constitute sufficient notice for every purpose hereunder. Where this Indenture provides for notice in any manner, such notice may be waived in writing by the person 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. In any case where notice to Holders is given by reason of mail, neither the suspension of or irregularities in regular mail service or by reason of any other cause, it shall be impracticable failure to mail notice of any event to Holders when such notice is required to be given pursuant nor any defect in any notice so mailed to any provision of this Indenture, then any manner of giving such notice as particular Holder shall be satisfactory to affect the Trustee shall be deemed to be a sufficient giving sufficiency of such notice for every purpose hereunder.with respect to other Holders, and any notice which is mailed in the manner herein provided shall be conclusively presumed to have been duly given. In any case where notice to
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Sources: Junior Subordinated Indenture (Rga Capital Trust Ii)