Common use of Required Notices or Demands Clause in Contracts

Required Notices or Demands. Any notice or communication by the Company or the Trustee to the other is duly given if in writing and delivered in Person or delivered by registered or certified mail (return receipt requested), facsimile, email or overnight air courier guaranteeing next day delivery, to the other’s address: If to the Company; Summit Financial Group, Inc. 000 Xxxxx Xxxx Xxxxxx Xxxxxxxxxx, West Xxxxxxxx 26836 Attention: Chief Financial Officer Facsimile: 000-000-0000 If to the Trustee: UMB Bank, N.A. 0000 Xxx Xxxxxx, Suite 870 Houston, Texas 77056 Attention: Xxxxx X. Xxxxx Email: xxxxx.xxxxx@xxx.xxx The Company or the Trustee by notice to the other may designate additional or different addresses for subsequent notices or communications. All notices and communications will be deemed to have been duly given: at the time delivered by hand, if personally delivered; five Business Days after being deposited in the mail, postage prepaid, if delivered by mail; on the first Business Day after being sent, if sent by facsimile and the sender receives confirmation of successful transmission; upon confirmation of transmittal (but excluding any automatic reply to such email), if sent by email; and the next Business Day after timely delivery to the courier, if sent by overnight air courier guaranteeing next day delivery. Any notice required or permitted to be given to a Holder or electronically through the Applicable Procedures of the Depositary under the provisions of this Indenture will be deemed to be properly delivered by being deposited postage prepaid in a post office letter box in the United States addressed to such Holder at the address of such Holder as shown on the Subordinated Note Register. Any report in accordance with Section 313 of the Trust Indenture Act will be transmitted in compliance with subsection (c) therein. If the Company delivers a notice or communication to Holders, the Company will deliver a copy to the Trustee at the same time. In any case where notice to Holders of Subordinated Notes is delivered by mail, neither the failure to deliver such notice, nor any defect in any notice so delivered, to any particular Holder of a Subordinated Note will affect the sufficiency of such notice with respect to other Holders of Subordinated Notes. Any notice that is delivered in the manner herein provided will be conclusively presumed to have been duly given or provided. In the case by reason of the suspension of regular mail service or by reason of any other cause it will be impracticable to give such notice by mail, then such notification as will be made with the approval of the Trustee will constitute a sufficient notification for every purpose hereunder. 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 will be the equivalent of such notice. Waivers of notice by Holders of Subordinated Notes will be filed with the Trustee, but such filing will not be a condition precedent to the validity of any action taken in reliance upon such waiver. Notwithstanding any other provision herein, where this Indenture provides for notice to any Holder of a Global Subordinated Note, or of an interest therein, such notice will be sufficiently given if given to the Depositary for such Global Subordinated Note (or its designee) according to the Applicable Procedures of such Depositary prescribed for giving such notice.

Appears in 1 contract

Samples: Summit Financial Group, Inc.

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Required Notices or Demands. Any notice or communication by the Company or the Trustee to the other is duly given if in writing and delivered in Person or delivered by registered or certified mail (return receipt requested), facsimile, email facsimile or overnight air courier guaranteeing next day delivery, delivery to the other’s address: If to the Company; Summit Financial Group: Universal Insurance Holdings, Inc. 0000 Xxxx Xxxxxxxxxx Xxxxxxxxx, Xxxxx 000 Xxxxx Xxxx Xxxxxx Xxxxxxxxxx, West Xxxxxxxx 26836 Xxxxxxx 00000 Attention: Chief Financial Officer Facsimile: 000-000-0000 Xxxxx X. Xxxxxx If to the Trustee: UMB Bank, N.A. Bank National Association 0000 Xxx Xxxxxx, Suite 870 Houston, Texas 77056 AttentionAttn: Xxxxx X. Xxxxx EmailXxxxx, Senior Vice President Office: (000) 000-0000 Fax: 000-000-0000 xxxxx.xxxxx@xxx.xxx The Company or the Trustee Trustee, by notice to the other other, may designate additional or different addresses for subsequent notices or communications. All notices and communications will be deemed to have been duly given: at the time delivered by hand, if personally delivered; five Business Days after being deposited in the mail, postage prepaid, if delivered by mail; on the first Business Day after being sent, if sent by facsimile and the sender receives confirmation of successful transmission; upon confirmation of transmittal (but excluding any automatic reply to such email), if sent by email; and the next Business Day after timely delivery to the courier, if sent by overnight air courier guaranteeing next day delivery. Any notice required or permitted to be given to a Holder or electronically through the Applicable Procedures of the Depositary under the provisions of this Indenture will be deemed to be properly delivered by being deposited postage prepaid in a post office letter box in the United States addressed to such Holder at the address of such Holder as shown on the Subordinated Note Register. Any report in accordance with Section 313 of the Trust Indenture Act will be transmitted in compliance with subsection (c) therein. If the Company delivers a notice or communication to Holders, the Company will deliver a copy to the Trustee at the same time. In any case where notice to Holders of Subordinated Notes is delivered by mail, neither the failure to deliver such notice, notice nor any defect in any notice so delivered, delivered to any particular Holder of a Subordinated Note will affect the sufficiency of such notice with respect to other Holders of Subordinated Notes. Any notice that is delivered in the manner herein provided will be conclusively presumed to have been duly given or provided. In the case by reason of the suspension of regular mail service or by reason of any other cause it will be impracticable to give such notice by mail, then such notification as will be made with the approval of the Trustee will constitute a sufficient notification for every purpose hereunder. 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 will be the equivalent of such notice. Waivers of notice by Holders of Subordinated Notes will be filed with the Trustee, but such filing will not be a condition precedent to the validity of any action taken in reliance upon such waiver. Notwithstanding any other provision herein, where this Indenture provides for notice to any Holder of a Global Subordinated Note, or of an interest therein, such notice will be sufficiently given if given to the Depositary for such Global Subordinated Note (or its designee) according to the Applicable Procedures of such Depositary prescribed for giving such notice.

Appears in 1 contract

Samples: Universal Insurance Holdings, Inc.

Required Notices or Demands. Any notice or communication by the Company or the Trustee to the other is duly given if in writing and delivered in Person or delivered by registered or certified mail (return receipt requested), facsimile, email facsimile or overnight air courier guaranteeing next day delivery, to the other’s address: If to the Company; Summit Financial GroupRBB Bancorp 0000 Xxxxxxxxxxxx Xxx. Xxxxx Xxxx, Inc. 000 Xxxxx Xxxx Xxxxxx Xxxxxxxxxx, West Xxxxxxxx 26836 XX 00000 Attention: Chief Financial Officer Facsimile: (000-) 000-0000 If to the Trustee: UMB Bank, N.A. 0000 Xxx Xxxxxx, Suite 870 Houston, Texas 77056 Attention: Xxxxx X. Xxxxx EmailXxxxx, Senior Vice President Facsimile No.: xxxxx.xxxxx@xxx.xxx (000) 000-0000 The Company or the Trustee by notice to the other may designate additional or different addresses for subsequent notices or communications. All notices and communications will be deemed to have been duly given: at the time delivered by hand, if personally delivered; five Business Days after being deposited in the mail, postage prepaid, if delivered by mail; on the first Business Day after being sent, if sent by facsimile and the sender receives confirmation of successful transmission; upon confirmation of transmittal (but excluding any automatic reply to such email), if sent by email; and the next Business Day after timely delivery to the courier, if sent by overnight air courier guaranteeing next day delivery. Any notice required or permitted to be given to a Holder or electronically through the Applicable Procedures of the Depositary under the provisions of this Indenture will be deemed to be properly delivered by being deposited postage prepaid in a post office letter box in the United States addressed to such Holder at the address of such Holder as shown on the Subordinated Note Register. Any report in accordance with Section 313 of the Trust Indenture Act will be transmitted in compliance with subsection (c) therein. If the Company delivers a notice or communication to Holders, the Company will deliver a copy to the Trustee at the same time. In any case where notice to Holders of Subordinated Notes is delivered by mail, neither the failure to deliver such notice, nor any defect in any notice so delivered, to any particular Holder of a Subordinated Note will affect the sufficiency of such notice with respect to other Holders of Subordinated Notes. Any notice that is delivered in the manner herein provided will be conclusively presumed to have been duly given or provided. In the case by reason of the suspension of regular mail service or by reason of any other cause it will be impracticable to give such notice by mail, then such notification as will be made with the approval of the Trustee will constitute a sufficient notification for every purpose hereunder. 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 will be the equivalent of such notice. Waivers of notice by Holders of Subordinated Notes will be filed with the Trustee, but such filing will not be a condition precedent to the validity of any action taken in reliance upon such waiver. Notwithstanding any other provision herein, where this Indenture provides for notice to any Holder of a Global Subordinated Note, or of an interest therein, such notice will be sufficiently given if given to the Depositary for such Global Subordinated Note (or its designee) according to the Applicable Procedures applicable procedures of such Depositary prescribed for giving such notice.

Appears in 1 contract

Samples: Indenture (RBB Bancorp)

Required Notices or Demands. Any notice or communication by the Company or the Trustee to the other is duly given if in writing and delivered in Person or delivered by registered or certified mail (return receipt requested), facsimile, email facsimile or overnight air courier guaranteeing next day delivery, to the other’s address: If to the Company; Summit Financial Group: Xxxxxxxx Bank Corporation 000 X. Xxxx Xx. Xx. Xxxxxxxx, Inc. 000 Xxxxx Xxxx Xxxxxx Xxxxxxxxxx, West Xxxxxxxx 26836 00000 Attention: Chief Financial Officer Facsimile: (000-) 000-0000 If to the Trustee: UMB Bank, N.A. National Association, as Trustee 0000 Xxx Xxxxxx Xxxxxx, Suite 870 Houston, Texas 77056 Attention: Xxxxx X. Xxxxx Email/ Corporate Trust Facsimile: xxxxx.xxxxx@xxx.xxx (000) 000-0000 The Company or the Trustee by notice to the other may designate additional or different addresses for subsequent notices or communications. All notices and communications will be deemed to have been duly given: at the time delivered by hand, if personally delivered; five Business Days after being deposited in the mail, postage prepaid, if delivered by mail; on the first Business Day after being sent, if sent by facsimile and the sender receives confirmation of successful transmission; upon confirmation of transmittal (but excluding any automatic reply to such email), if sent by email; and the next Business Day after timely delivery to the courier, if sent by overnight air courier guaranteeing next day delivery. Any notice required or permitted to be given to a Holder or electronically through the Applicable Procedures of the Depositary under the provisions of this Indenture will be deemed to be properly delivered by being deposited postage prepaid in a post office letter box in the United States addressed to such Holder at the address of such Holder as shown on the Subordinated Note Register. Any report in accordance with Section 313 of the Trust Indenture Act will be transmitted in compliance with subsection (c) therein. If the Company delivers a notice or communication to Holders, the Company will deliver a copy to the Trustee at the same time. In any case where notice to Holders of Subordinated Notes is delivered by mail, neither the failure to deliver such notice, nor any defect in any notice so delivered, to any particular Holder of a Subordinated Note will affect the sufficiency of such notice with respect to other Holders of Subordinated Notes. Any notice that is delivered in the manner herein provided will be conclusively presumed to have been duly given or provided. In the case by reason of the suspension of regular mail service or by reason of any other cause it will be impracticable to give such notice by mail, then such notification as will be made with the approval of the Trustee will constitute a sufficient notification for every purpose hereunder. 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 will be the equivalent of such notice. Waivers of notice by Holders of Subordinated Notes will be filed with the Trustee, but such filing will not be a condition precedent to the validity of any action taken in reliance upon such waiver. Notwithstanding any other provision herein, where this Indenture provides for notice to any Holder of a Global Subordinated Note, or of an interest therein, such notice will be sufficiently given if given to the Depositary for such Global Subordinated Note (or its designee) according to the Applicable Procedures of such Depositary prescribed for giving such notice.

Appears in 1 contract

Samples: ISABELLA BANK Corp

Required Notices or Demands. Any notice or communication by the Company or the Trustee to the other is duly given if in writing and delivered in Person or delivered by registered or certified mail (return receipt requested), facsimile, email facsimile or overnight air courier guaranteeing next day delivery, to the other’s address: If to the Company; Summit Financial GroupSouthern First Bancshares, Inc. 000 Xxxxxx Xxxxxxxxx Xxxxx Xxxx Xxxxxx 000 Xxxxxxxxxx, West Xxxxxxxx 26836 XX 00000 Attention: Chief Financial Officer Facsimile: (000-) 000-0000 If to the Trustee: UMB Bank, N.A. National Association 0000 Xxx Xxxxxx, Suite 870 Houston, Texas 77056 Attention: Xxxxx X. Xxxxx EmailXxxxx, Xx. Vice President, Corporate Trust Services Facsimile No.: xxxxx.xxxxx@xxx.xxx (000) 000-0000 The Company or the Trustee by notice to the other may designate additional or different addresses for subsequent notices or communications. All notices and communications will be deemed to have been duly given: at the time delivered by hand, if personally delivered; five Business Days after being deposited in the mail, postage prepaid, if delivered by mail; on the first Business Day after being sent, if sent by facsimile and the sender receives confirmation of successful transmission; upon confirmation of transmittal (but excluding any automatic reply to such email), if sent by email; and the next Business Day after timely delivery to the courier, if sent by overnight air courier guaranteeing next day delivery. Any notice required or permitted to be given to a Holder or electronically through the Applicable Procedures of the Depositary under the provisions of this Indenture will be deemed to be properly delivered by being deposited postage prepaid in a post office letter box in the United States addressed to such Holder at the address of such Holder as shown on the Subordinated Note Register. Any report in accordance with Section 313 of the Trust Indenture Act will be transmitted in compliance with subsection (c) therein. If the Company delivers a notice or communication to Holders, the Company will deliver a copy to the Trustee at the same time. In any case where notice to Holders of Subordinated Notes is delivered by mail, neither the failure to deliver such notice, nor any defect in any notice so delivered, to any particular Holder of a Subordinated Note will affect the sufficiency of such notice with respect to other Holders of Subordinated Notes. Any notice that is delivered in the manner herein provided will be conclusively presumed to have been duly given or provided. In the case by reason of the suspension of regular mail service or by reason of any other cause it will be impracticable to give such notice by mail, then such notification as will be made with the approval of the Trustee will constitute a sufficient notification for every purpose hereunder. 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 will be the equivalent of such notice. Waivers of notice by Holders of Subordinated Notes will be filed with the Trustee, but such filing will not be a condition precedent to the validity of any action taken in reliance upon such waiver. Notwithstanding any other provision herein, where this Indenture provides for notice to any Holder of a Global Subordinated Note, or of an interest therein, such notice will be sufficiently given if given to the Depositary for such Global Subordinated Note (or its designee) according to the Applicable Procedures of such Depositary prescribed for giving such notice.

Appears in 1 contract

Samples: Southern First Bancshares Inc

Required Notices or Demands. Any notice or communication by the Company or the Trustee to the other is duly given if in writing and delivered in Person or delivered by registered or certified mail (return receipt requested), facsimile, email or overnight air courier guaranteeing next day delivery, to the other’s address: If to the Company; Summit Financial GroupInvestar Holding Corporation 00000 Xxxxxxx Xxxxxxxxx Baton Rouge, Inc. 000 Xxxxx Xxxx Xxxxxx Xxxxxxxxxx, West Xxxxxxxx 26836 Louisiana 70816 Attention: Chief Financial Officer FacsimileXxxxx Xxxxx Email: 000-000-0000 [•] If to the Trustee: UMB Bank, N.A. National Association, as Trustee 0000 Xxx Xxxxxx, Suite 870 Houston, Texas 77056 Attention: Xxxxx X. Xxxxx [•] Email: xxxxx.xxxxx@xxx.xxx [•] The Company or the Trustee by notice to the other may designate additional or different addresses for subsequent notices or communications. All notices and communications will be deemed to have been duly given: at the time delivered by hand, if personally delivered; five Business Days after being deposited in the mail, postage prepaid, if delivered by mail; on the first Business Day after being sent, if sent by facsimile and the sender receives confirmation of successful transmission; upon confirmation of transmittal (but excluding any automatic reply to such email), if sent by email; and the next Business Day after timely delivery to the courier, if sent by overnight air courier guaranteeing next day delivery. Any notice required or permitted to be given to a Holder or electronically through the Applicable Procedures of the Depositary under the provisions of this Indenture will be deemed to be properly delivered by being deposited postage prepaid in a post office letter box in the United States addressed to such Holder at the address of such Holder as shown on the Subordinated Note RegisterRegister or by delivery electronically through the Applicable Procedures of the Depositary . Any report in accordance with Section 313 of the Trust Indenture Act will be transmitted in compliance with subsection (c) therein. If the Company delivers a notice or communication to Holders, the Company will deliver a copy to the Trustee at the same time. In any case where notice to Holders of Subordinated Notes is delivered by mail, neither the failure to deliver such notice, nor any defect in any notice so delivered, to any particular Holder of a Subordinated Note will affect the sufficiency of such notice with respect to other Holders of Subordinated Notes. Any notice that is delivered in the manner herein provided will be conclusively presumed to have been duly given or provided. In the case by reason of the suspension of regular mail service or by reason of any other cause it will be impracticable to give such notice by mail, then such notification as will be made with the approval of the Trustee will constitute a sufficient notification for every purpose hereunder. 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 will be the equivalent of such notice. Waivers of notice by Holders of Subordinated Notes will be filed with the Trustee, but such filing will not be a condition precedent to the validity of any action taken in reliance upon such waiver. Notwithstanding any other provision herein, where this Indenture provides for notice to any Holder of a Global Subordinated Note, or of an interest therein, such notice will be sufficiently given if given to the Depositary for such Global Subordinated Note (or its designee) according to the Applicable Procedures of such Depositary prescribed for giving such notice.

Appears in 1 contract

Samples: Indenture (Investar Holding Corp)

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Required Notices or Demands. Any Except as otherwise expressly provided in the Indenture, any notice or communication demand which by any provision of the Indenture is required or permitted to be given or served by the Company Trustee or by the Trustee Holders to or on the other is duly given if Issuers shall be in writing in the English language and delivered may be given or served by being deposited postage prepaid in Person or delivered a post office letter box in the United States addressed (until another address is filed by registered or certified mail (return receipt requested), facsimile, email or overnight air courier guaranteeing next day delivery, to the other’s address: If to the Company; Summit Financial Group, Inc. 000 Xxxxx Xxxx Xxxxxx Xxxxxxxxxx, West Xxxxxxxx 26836 Attention: Chief Financial Officer Facsimile: 000-000-0000 If to Issuers with the Trustee) as follows: UMB BankEOTT Energy Partners, N.A. 0000 L.P., 2000 Xxxx Xxx XxxxxxXxxxxxx Xxxxxxx South, Suite 870 400, Houston, Texas 77056 77042, Attention: Xxxxx X. Xxxxx EmailGeneral Counsel. Except as otherwise expressly provided in the Indenture, any notice, direction, request or demand by the Issuers or by any Holder to or upon the Trustee shall be in writing in the English language and may be given or made, for all purposes, by being deposited, postage prepaid, in a post office letter box in the United States addressed to the Corporate Trust Office of the Trustee initially at ______________________________________, Attention: xxxxx.xxxxx@xxx.xxx ___________________. The Company Issuers or the Trustee by notice to the other may designate additional or different addresses for subsequent notices or communications. All notices and communications will be deemed to have been duly given: at the time delivered by hand, if personally delivered; five Business Days after being deposited in the mail, postage prepaid, if delivered by mail; on the first Business Day after being sent, if sent by facsimile and the sender receives confirmation of successful transmission; upon confirmation of transmittal (but excluding any automatic reply to such email), if sent by email; and the next Business Day after timely delivery to the courier, if sent by overnight air courier guaranteeing next day delivery. Any notice required or permitted to be given a Registered Holder by the Issuers or the Trustee pursuant to a Holder or electronically through the Applicable Procedures of the Depositary under the provisions of this the Indenture will shall be in writing in the English language and shall be deemed to be properly delivered mailed by being deposited postage prepaid in a post office letter box in the United States addressed to such Holder at the address of such Holder as shown on the Subordinated Note Debt Security Register. Any report in accordance with pursuant to Section 313 of the Trust Indenture Act will shall be transmitted in compliance with subsection (c) therein. If the Company delivers a notice or communication to Holders, the Company will deliver a copy to the Trustee at the same time. In any case where notice to Holders of Subordinated Notes is delivered by mail, neither the failure to deliver such notice, nor any defect in any notice so delivered, to any particular Holder of a Subordinated Note will affect the sufficiency of such notice with respect to other Holders of Subordinated Notes. Any notice that is delivered in the manner herein provided will be conclusively presumed to have been duly given or provided. In the case by reason event of the suspension of regular mail service or by reason of any other cause it will shall be impracticable to give such notice by mail, then such notification as will shall be made given with the approval of the Trustee will shall constitute a sufficient notification notice for every purpose hereunderthereunder. Where this Indenture provides for Failure to mail a notice or communication to a Holder or any defect in it or any defect in any manner, such notice may be waived in writing by publication as to a Holder shall not affect the Person entitled to receive such notice, either before or after the event, and such waiver will be the equivalent sufficiency of such notice. Waivers of notice by Holders of Subordinated Notes will be filed with the Trustee, but such filing will not be a condition precedent to the validity of any action taken in reliance upon such waiver. Notwithstanding any other provision herein, where this Indenture provides for notice to any Holder of a Global Subordinated Note, or of an interest therein, such notice will be sufficiently given if given to the Depositary for such Global Subordinated Note (or its designee) according to the Applicable Procedures of such Depositary prescribed for giving such notice.

Appears in 1 contract

Samples: Eott Energy Operating Lp

Required Notices or Demands. Any notice or communication by the Company or the Trustee to the other is duly given if in writing and delivered in Person or delivered by registered or certified mail (return receipt requested), facsimile, email or overnight air courier guaranteeing next day delivery, to the other’s address: If to the Company; Summit CapStar Financial GroupHoldings, Inc. 000 Xxxxx Xxxx Xxxxxx Xxxxxxxxxx0000 Xxxxxxxxxx Xxxxxx, West Xxxxxxxx 26836 Suite 700 Nashville, Tennessee 37203 Attention: Chief Financial Officer Facsimile: (000-) 000-0000 If to the Trustee: UMB Bank, N.A. National Association 0000 Xxx Xxxxxx, Suite 870 Houston, Texas 77056 Attention: Xxxxx X. Xxxxx EmailXxxxx, Xx. Vice President, Corporate Trust Services Facsimile: xxxxx.xxxxx@xxx.xxx (000) 000-0000 The Company or the Trustee by notice to the other may designate additional or different addresses for subsequent notices or communications. All notices and communications will be deemed to have been duly given: at the time delivered by hand, if personally delivered; five Business Days after being deposited in the mail, postage prepaid, if delivered by mail; on the first Business Day after being sent, if sent by facsimile and the sender receives confirmation of successful transmission; upon confirmation of transmittal (but excluding any automatic reply to such email), if sent by email; and the next Business Day after timely delivery to the courier, if sent by overnight air courier guaranteeing next day delivery. Any notice required or permitted to be given to a Holder or electronically through the Applicable Procedures of the Depositary under the provisions of this Indenture will be deemed to be properly delivered by being deposited postage prepaid in a post office letter box in the United States addressed to such Holder at the address of such Holder as shown on the Subordinated Note Register. Any report in accordance with Section 313 of the Trust Indenture Act will be transmitted in compliance with subsection (c) therein. If the Company delivers a notice or communication to Holders, the Company will deliver a copy to the Trustee at the same time. In any case where notice to Holders of Subordinated Notes is delivered by mail, neither the failure to deliver such notice, nor any defect in any notice so delivered, to any particular Holder of a Subordinated Note will affect the sufficiency of such notice with respect to other Holders of Subordinated Notes. Any notice that is delivered in the manner herein provided will be conclusively presumed to have been duly given or provided. In the case by reason of the suspension of regular mail service or by reason of any other cause it will be impracticable to give such notice by mail, then such notification as will be made with the approval of the Trustee will constitute a sufficient notification for every purpose hereunder. 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 will be the equivalent of such notice. Waivers of notice by Holders of Subordinated Notes will be filed with the Trustee, but such filing will not be a condition precedent to the validity of any action taken in reliance upon such waiver. Notwithstanding any other provision herein, where this Indenture provides for notice to any Holder of a Global Subordinated Note, or of an interest therein, such notice will be sufficiently given if given to the Depositary for such Global Subordinated Note (or its designee) according to the Applicable Procedures of such Depositary prescribed for giving such notice.

Appears in 1 contract

Samples: CapStar Financial Holdings, Inc.

Required Notices or Demands. Any notice or communication by the Company or the Trustee to the other is duly given if in writing and delivered in Person or delivered by registered or certified mail (return receipt requested), facsimile, email facsimile or overnight air courier guaranteeing next day delivery, to the other’s address: If to the Company; Summit Financial GroupHarborOne Bancorp, Inc. 000 Xxxxx Xxxx Xxx Xxxxxx XxxxxxxxxxXxxxxxxx, West Xxxxxxxx 26836 XX 00000 Attention: Chief Financial Officer Facsimile: (000-) 000-0000 If to the Trustee: UMB Bank, N.A. National Association 0000 Xxx Xxxxxx, Suite 870 Houston, Texas 77056 Attention77002 Facsimile No.: Xxxxx X. Xxxxx Email(000) 000-0000 Attn: xxxxx.xxxxx@xxx.xxx Corporate Trust Officer The Company or the Trustee by notice to the other may designate additional or different addresses for subsequent notices or communications. All notices and communications will be deemed to have been duly given: at the time delivered by hand, if personally delivered; five Business Days after being deposited in the mail, postage prepaid, if delivered by mail; on the first Business Day after being sent, if sent by facsimile and the sender receives confirmation of successful transmission; upon confirmation of transmittal (but excluding any automatic reply to such email), if sent by email; and the next Business Day after timely delivery to the courier, if sent by overnight air courier guaranteeing next day delivery. Any notice required or permitted to be given to a Holder or electronically through the Applicable Procedures of the Depositary under the provisions of this Indenture will be deemed to be properly delivered by being deposited postage prepaid in a post office letter box in the United States addressed to such Holder at the address of such Holder as shown on the Subordinated Note Register. Any report in accordance with Section 313 of the Trust Indenture Act will be transmitted in compliance with subsection (c) therein. If the Company delivers a notice or communication to Holders, the Company will deliver a copy to the Trustee at the same time. In any case where notice to Holders of Subordinated Notes is delivered by mail, neither the failure to deliver such notice, nor any defect in any notice so delivered, to any particular Holder of a Subordinated Note will affect the sufficiency of such notice with respect to other Holders of Subordinated Notes. Any notice that is delivered in the manner herein provided will be conclusively presumed to have been duly given or provided. In the case by reason of the suspension of regular mail service or by reason of any other cause it will be impracticable to give such notice by mail, then such notification as will be made with the approval of the Trustee will constitute a sufficient notification for every purpose hereunder. 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 will be the equivalent of such notice. Waivers of notice by Holders of Subordinated Notes will be filed with the Trustee, but such filing will not be a condition precedent to the validity of any action taken in reliance upon such waiver. Notwithstanding any other provision herein, where this Indenture provides for notice to any Holder of a Global Subordinated Note, or of an interest therein, such notice will be sufficiently given if given to the Depositary for such Global Subordinated Note (or its designee) according to the Applicable Procedures applicable procedures of such Depositary prescribed for giving such notice.

Appears in 1 contract

Samples: Indenture (HarborOne Bancorp, Inc.)

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