Common use of Xxxxxxxxx, Esq Clause in Contracts

Xxxxxxxxx, Esq. If to the Trustee: The Bank of New York Mellon 000 Xxxxxxx Xxxxxx - 8W New York, NY 10286 Facsimile: 000-000-0000 Attention: Corporate Finance The Company or the Trustee by notice to the other may designate additional or different addresses for subsequent notices or communications. The Trustee agrees to accept and act upon instructions or directions pursuant to this Indenture sent by unsecured e-mail, portable document format (or PDF), facsimile transmission or other similar unsecured electronic methods, provided, however, that the Trustee shall have received an incumbency certificate listing persons designated to give such instructions or directions and containing specimen signatures of such designated persons, which such incumbency certificate shall be amended and replaced whenever a person is to be added or deleted from the listing. If the Company elects to give the Trustee e-mail or facsimile instructions (or instructions by a similar electronic method) and the Trustee in its discretion elects to act upon such instructions, the Trustee’s understanding of such instructions shall be deemed controlling. The Trustee shall not be liable for any losses, costs or expenses arising directly or indirectly from the Trustee’s reliance upon and compliance with such instructions notwithstanding that such instructions conflict or are inconsistent with a subsequent written instruction, except for instances of negligence or willful misconduct. The Company agrees to assume all risks arising out of the use of such electronic methods to submit instructions and directions to the Trustee, including without limitation the risk of the Trustee acting on unauthorized instructions, and the risk of interception and misuse by third parties. Any notice or communication mailed to a Securityholder shall be mailed to him by first-class mail at his address as it appears on the registration books of the Registrar and shall be sufficiently given to him if so mailed within the time prescribed. In case by reason of the suspension of regular mail service or by reason of any other cause it shall be impracticable to give such notice by mail, then such notification as shall be made with the approval of the Trustee shall constitute a sufficient notification for every purpose hereunder. Failure to mail a notice or communication to a Securityholder or any defect in it shall not affect its sufficiency with respect to other Securityholders. If a notice or communication is mailed in the manner provided above, it is duly given, whether or not the addressee receives it. If the Company mails notices or communications to Securityholders, it shall mail a copy to the Trustee and each Agent at the same time. All notices or communications shall be in writing.

Xxxxxxxxx, Esq. If to the Trustee: The Bank of New York Mellon Corporate Trust Division 000 Xxxxxxx Xxxxxx - 8W New YorkXxxxxxxxx Xxxxxx, NY 10286 Facsimile0xx Xxxxx Xxxx Xxx Xxxx, XX 00000 Facsimile No.: (000-) 000-0000 Attention: Corporate Finance Trust Division The Company Issuer, any Guarantor or the Trustee Trustee, by notice to the other others, may designate additional or different addresses for subsequent notices or communications. The Trustee agrees 92 All notices and communications to accept and act upon instructions or directions pursuant to this Indenture sent by unsecured e-mail, portable document format (or PDF), facsimile transmission or other similar unsecured electronic methods, provided, however, that the Trustee shall have received an incumbency certificate listing persons designated to give such instructions or directions and containing specimen signatures of such designated persons, which such incumbency certificate shall be amended and replaced whenever a person is to be added or deleted from the listing. If the Company elects to give the Trustee e-mail or facsimile instructions (or instructions by a similar electronic method) and the Trustee in its discretion elects to act upon such instructions, the Trustee’s understanding of such instructions any Agent shall be deemed controllingto have been duly given upon actual receipt thereof by such party. The Trustee shall not All other notices and communications (other than those sent to Holders) will be liable for any lossesdeemed to have been duly given: at the time delivered by hand, costs if personally delivered; five Business Days after being deposited in the mail, postage prepaid, if mailed; when receipt acknowledged, if transmitted by facsimile or expenses arising directly or indirectly from other electronic transmission; and the Trustee’s reliance upon and compliance with such instructions notwithstanding that such instructions conflict or are inconsistent with a subsequent written instruction, except for instances of negligence or willful misconduct. The Company agrees to assume all risks arising out of the use of such electronic methods to submit instructions and directions next Business Day after timely delivery to the Trusteecourier, including without limitation the risk of the Trustee acting on unauthorized instructions, and the risk of interception and misuse if sent by third partiesovernight air courier guaranteeing next day delivery. Any notice or communication mailed to a Securityholder shall Holder of a Global Note will be delivered to the Depositary in accordance with its customary procedures. Any notice or communication to a Holder of a Definitive Note will be mailed by first class mail, certified or registered, return receipt requested, or by overnight air courier guaranteeing next day delivery to him by first-class mail at his its address as it appears shown on the registration books of register kept by the Registrar and shall be sufficiently given to him if so mailed within the time prescribed. In case by reason of the suspension of regular mail service or by reason of any other cause it shall be impracticable to give such notice by mail, then such notification as shall be made with the approval of the Trustee shall constitute a sufficient notification for every purpose hereunderRegistrar. Failure to mail give a notice or communication to a Securityholder Holder or any defect in it shall will not affect its sufficiency with respect to other SecurityholdersHolders. If Except with respect to the Trustee and the Agents, if a notice or communication is mailed given in the manner provided aboveabove within the time prescribed, it is duly given, whether or not the addressee receives it. In respect of this Indenture, the Trustee shall not have any duty or obligation to verify or confirm that the Person sending instructions, directions, reports, notices or other communications or information by electronic transmission is, in fact, a Person authorized to give such instructions, directions, reports, notices or other communications or information on behalf of the party purporting to send such electronic transmission; and the Trustee shall not have any liability for any losses, liabilities, costs or expenses incurred or sustained by any party as a result of such reliance upon or compliance with such instructions, directions, reports, notices or other communications or information. Each other party agrees to assume all risks arising out of the use of electronic methods, including any non-secure method, such as, but without limitation, by facsimile or electronic mail, to submit instructions, directions, reports, notices or other communications or information to the Trustee, including without limitation, the risk of the Trustee acting on unauthorized instructions, notices, reports or other communications or information, and the risk of interception and misuse by third parties. If the Company mails notices Issuer gives a notice or communications communication to SecurityholdersHolders, it shall mail will give a copy to the Trustee and each Agent at the same time. All notices or communications The Trustee shall be have the right to accept and act upon Instructions given pursuant to this Indenture and any related financing documents and delivered using Electronic Means as provided in writingSection 7.06.

Xxxxxxxxx, Esq. If to the Trustee: The Bank of New York Mellon Corporate Trust Division 000 Xxxxxxx Xxxxxx - 8W New YorkXxxxxxxxx Xxxxxx, NY 10286 Facsimile0xx Xxxxx Xxxx Xxx Xxxx, XX 00000 Facsimile No.: (000-) 000-0000 Attention: Corporate Finance Trust Division The Company Issuer, any Guarantor or the Trustee Trustee, by notice to the other others, may designate additional or different addresses for subsequent notices or communications. The Trustee agrees All notices and communications to accept and act upon instructions or directions pursuant to this Indenture sent by unsecured e-mail, portable document format (or PDF), facsimile transmission or other similar unsecured electronic methods, provided, however, that the Trustee shall have received an incumbency certificate listing persons designated to give such instructions or directions and containing specimen signatures of such designated persons, which such incumbency certificate shall be amended and replaced whenever a person is to be added or deleted from the listing. If the Company elects to give the Trustee e-mail or facsimile instructions (or instructions by a similar electronic method) and the Trustee in its discretion elects to act upon such instructions, the Trustee’s understanding of such instructions any Agent shall be deemed controllingto have been duly given upon actual receipt thereof by such party. The Trustee shall not All other notices and communications (other than those sent to Holders) will be liable for any lossesdeemed to have been duly given: at the time delivered by hand, costs if personally delivered; five Business Days after being deposited in the mail, postage prepaid, if mailed; when receipt acknowledged, if transmitted by facsimile or expenses arising directly or indirectly from other electronic transmission; and the Trustee’s reliance upon and compliance with such instructions notwithstanding that such instructions conflict or are inconsistent with a subsequent written instruction, except for instances of negligence or willful misconduct. The Company agrees to assume all risks arising out of the use of such electronic methods to submit instructions and directions next Business Day after timely delivery to the Trusteecourier, including without limitation the risk of the Trustee acting on unauthorized instructions, and the risk of interception and misuse if sent by third partiesovernight air courier guaranteeing next day delivery. Any notice or communication mailed to a Securityholder shall Holder of a Global Note will be delivered to the Depositary in accordance with its customary procedures. Any notice or communication to a Holder of a Definitive Note will be mailed by first class mail, certified or registered, return receipt requested, or by overnight air courier guaranteeing next day delivery to him by first-class mail at his its address as it appears shown 84 on the registration books of register kept by the Registrar and shall be sufficiently given to him if so mailed within the time prescribed. In case by reason of the suspension of regular mail service or by reason of any other cause it shall be impracticable to give such notice by mail, then such notification as shall be made with the approval of the Trustee shall constitute a sufficient notification for every purpose hereunderRegistrar. Failure to mail give a notice or communication to a Securityholder Holder or any defect in it shall will not affect its sufficiency with respect to other SecurityholdersHolders. If Except with respect to the Trustee and the Agents, if a notice or communication is mailed given in the manner provided aboveabove within the time prescribed, it is duly given, whether or not the addressee receives it. In respect of this Indenture, the Trustee shall not have any duty or obligation to verify or confirm that the Person sending instructions, directions, reports, notices or other communications or information by electronic transmission is, in fact, a Person authorized to give such instructions, directions, reports, notices or other communications or information on behalf of the party purporting to send such electronic transmission; and the Trustee shall not have any liability for any losses, liabilities, costs or expenses incurred or sustained by any party as a result of such reliance upon or compliance with such instructions, directions, reports, notices or other communications or information. Each other party agrees to assume all risks arising out of the use of electronic methods, including any non-secure method, such as, but without limitation, by facsimile or electronic mail, to submit instructions, directions, reports, notices or other communications or information to the Trustee, including without limitation, the risk of the Trustee acting on unauthorized instructions, notices, reports or other communications or information, and the risk of interception and misuse by third parties. If the Company mails notices Issuer gives a notice or communications communication to SecurityholdersHolders, it shall mail will give a copy to the Trustee and each Agent at the same time. All notices or communications The Trustee shall be have the right to accept and act upon Instructions given pursuant to this Indenture and any related financing documents and delivered using Electronic Means as provided in writingSection 7.06.