Addresses for Notices, Etc. Any notice or demand which by any provision of this Indenture is required or permitted to be given or served by the Trustee or by the holders of Debentures on the Company shall be deemed to have been sufficiently given or made, for all purposes if given or served by being deposited postage prepaid by registered or certified mail in a post office letter box addressed (until another address is filed by the Company with the Trustee) to 0000 Xxxxxxxx Xxxxxx, Xxxxx 000, Xxxxxxx, Xxxxxxxxxx 00000 Attention: Secretary or to an agent of the Company designated as permitted by this Indenture. Any notice, direction, request or demand hereunder to or upon the Trustee shall be deemed to have been sufficiently given or made, for all purposes, if given or served by being deposited postage prepaid by registered or certified mail in a post office letter box addressed to the Corporate Trust Office, which office is, at the date as of which this Indenture is dated, located at 0000 0xx Xxxxxx, 0xx Xxxxx, XX-XX-X0XX, Xxxxxxx, XX 00000, Attention: Corporate Trust Department (Xcyte Therapies, Inc. % Convertible Subordinated Debentures). The Trustee, by notice to the Company, may designate additional or different addresses for subsequent notices or communications. Any notice or communication mailed to a Debentureholder shall be mailed to him, her or it by first class mail, postage prepaid, at his, her or its address as it appears on the Debenture register and shall be sufficiently given to him, her or it if so mailed within the time prescribed. Failure to mail a notice or communication to a Debentureholder or any defect in it shall not affect its sufficiency with respect to other Debentureholders. If a notice or communication is mailed in the manner provided above, it is duly given, whether or not the addressee receives it.
Appears in 1 contract
Samples: Indenture (Xcyte Therapies Inc)
Addresses for Notices, Etc. Any notice or demand which that by any provision of this Indenture is required or permitted to be given or served by the Trustee or by the holders of Debentures Holders on the Company shall be deemed to have been sufficiently given or made, for all purposes if given or served by overnight courier or by being deposited postage prepaid by registered or certified mail in a post office letter box addressed (until another address is filed by the Company with the Trustee) to 0000 Xxxxxxxx Xxxxxx000-000 Xxxxxx Xxxxx, Xxxxx 000Xxxxxxxxx, XxxxxxxXxxxxxx Xxxxxxxx, Xxxxxxxxxx 00000 AttentionX0X 0X0 Xxxxxx Attn: Secretary or to an agent of the Company designated as permitted by this IndentureXxxx Xxxxxxxx. Any notice, direction, request or demand hereunder to or upon the Trustee shall be deemed to have been sufficiently given or made, for all purposes, if given or served by being deposited postage prepaid by registered or certified mail in a post office letter box addressed to the Corporate Trust Office, which office is, at Office of the date as of which this Indenture is dated, located at 0000 0xx Xxxxxx, 0xx Xxxxx, XX-XX-X0XX, Xxxxxxx, XX 00000, Attention: Corporate Trust Department (Xcyte Therapies, Inc. % Convertible Subordinated Debentures)Trustee or sent electronically in PDF format. The Trustee, by notice to the Company, may designate an additional or different addresses address for subsequent notices or communications. Any notice or communication mailed delivered or to be delivered to a Debentureholder Holder of Definitive Notes shall be mailed to him, her or it by first class mail, postage prepaid, at his, her or its address as it appears on the Debenture register Note Register and shall be sufficiently given to him, her or it if so mailed within the time prescribed. Any notice or communication delivered or to be delivered to a Holder of Global Notes shall be delivered in accordance with the applicable procedures of the Depositary and shall be sufficiently given to it if so delivered within the time prescribed. Notwithstanding any other provision of this Indenture or any Note, where this Indenture or any Note provides for notice of any event (including any Fundamental Change Company Notice) to a Holder of a Global Note (whether by mail or otherwise), such notice shall be sufficiently given if given to the Depositary (or its designee) pursuant to the standing instructions from the Depositary or its designee, including by electronic mail in accordance with the Depositary’s applicable procedures. Failure to mail or deliver a notice or communication to a Debentureholder Holder or any defect in it shall not affect its sufficiency with respect to other DebentureholdersHolders. If a notice or communication is mailed or delivered, as the case may be, in the manner provided above, it is duly given, whether or not the addressee receives it. In case by reason of the suspension of regular mail service or by reason of any other cause it shall be impracticable to give such notice to Holders by mail, then such notification as shall be made with the approval of the Trustee shall constitute a sufficient notification for every purpose hereunder.
Appears in 1 contract
Samples: Indenture (Silvercorp Metals Inc)
Addresses for Notices, Etc. Any notice or demand which that by any provision of this Indenture is required or permitted to be given or served by the Trustee or by the holders of Debentures Holders on the Company shall be deemed to have been sufficiently given or made, for all purposes if given or served by being deposited postage prepaid by registered or certified mail in a post office letter box box, telecopied, or electronically provided in PDF format, addressed (until another address is filed by the Company with the Trustee) to Ionis Pharmaceuticals, Inc., 0000 Xxxxxxxx XxxxxxXxxxxxx Xxxxx, Xxxxx 000Xxxxxxxx, XxxxxxxXX 00000, Xxxxxxxxxx 00000 Attention: Secretary or to an agent of the Company designated as permitted by this IndentureGeneral Counsel, facsimile 000-000-0000. Any notice, direction, request or demand hereunder to or upon the Trustee shall be deemed to have been sufficiently given or made, for all purposes, if given or served by being deposited postage prepaid by registered or certified mail in a post office letter box addressed to the Corporate Trust OfficeOffice or electronically provided in PDF format. Except as otherwise expressly provided herein, which office isany notice or communication to a Holder may be given or served by being deposited in first class mail, postage prepaid, addressed at the date Holder’s address as it appears in the Note Register. Each of which this Indenture is datedthe Company, located at 0000 0xx Xxxxxxby notice to the Trustee, 0xx Xxxxx, XX-XX-X0XX, Xxxxxxx, XX 00000, Attention: Corporate Trust Department (Xcyte Therapies, Inc. % Convertible Subordinated Debentures). The and the Trustee, by notice to the Company, may designate additional or different addresses for subsequent notices or communications. Any notice or communication sent to a Holder shall be sent electronically in PDF format (in the case of a Global Note) or mailed to a Debentureholder shall be mailed to him, her or it by first class mail, postage prepaid, at his, her or its address as it appears on the Debenture register Note Register and shall be sufficiently given to him, her or it if so mailed within the time prescribed. Failure to mail send a notice or communication to a Debentureholder Holder or any defect in it shall not affect its sufficiency with respect to other DebentureholdersHolders. If a notice or communication is mailed sent in the manner provided above, it is duly given, whether or not the addressee receives it. In case by reason of the suspension of regular mail service or by reason of any other cause it shall be impracticable to give such notice to Holders by mail, then such notification as shall be made with the approval of the Trustee shall constitute a sufficient notification for every purpose hereunder.
Appears in 1 contract
Addresses for Notices, Etc. Any notice or demand which that by any provision of this Indenture is required or permitted to be given or served by the Trustee or by the holders of Debentures Holders on the Company shall be in writing (including facsimile and electronic mail in PDF format) and shall be deemed to have been sufficiently given or made, for all purposes if given or served by being deposited postage prepaid by registered or certified mail in a post office letter box addressed (until another address is filed by the Company with the Trustee) to 0000 Xxxxxxxx B2Gold Corp., Suite 3100, 500 Xxxxxxx Xxxxxx, Xxxxx Xxxxxxx Xxxxxx, Xxxxxxxxx, Xxxxxxx Xxxxxxxx X0X 0X0, (fax: 600-000, Xxxxxxx, Xxxxxxxxxx 00000 -0000); Attention: Secretary or to an agent Senior Vice President of the Company designated as permitted by this IndentureFinance and Chief Financial Officer and Executive Vice President, General Counsel and Secretary. Any notice, direction, request or demand hereunder to or upon the Trustee shall be in writing (including facsimile and electronic mail in PDF format) and shall be deemed to have been sufficiently given or made, for all purposes, if given or served by being deposited postage prepaid by registered or certified mail in a post office letter box addressed to the Corporate Trust Office, which office is, at the date as of which this Indenture is dated, located at 0000 0xx Xxxxxx, 0xx Xxxxx, XX-XX-X0XX, Xxxxxxx, XX 00000, Attention: Corporate Trust Department (Xcyte Therapies, Inc. % Convertible Subordinated Debentures). The Trustee, by notice to the Company, may designate additional or different addresses for subsequent notices or communications. Any notice or communication mailed to a Debentureholder Holder shall be mailed to him, her or it by first class mail, postage prepaid, at his, her or its address as it appears on the Debenture register Note Register and shall be sufficiently given to him, her or it if so mailed within the time prescribed. Failure to mail a notice or communication to a Debentureholder Holder or any defect in it shall not affect its sufficiency with respect to other DebentureholdersHolders. If a notice or communication is mailed in the manner provided above, it is duly given, whether or not the addressee receives it. In case by reason of the suspension of regular mail service or by reason of any other cause it shall be impracticable to give such notice to Holders by mail, then such notification as shall be made with the approval of the Trustee shall constitute a sufficient notification for every purpose hereunder. In addition to the foregoing, the Trustee agrees to accept and act upon notice, instructions or directions pursuant to this Indenture sent by unsecured e-mail, facsimile transmission or other similar unsecured electronic methods. If the party 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 such instructions conflict or are inconsistent with a subsequent written instruction. The party providing electronic instructions 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 or interception and misuse by third parties.
Appears in 1 contract
Samples: Indenture (B2gold Corp)
Addresses for Notices, Etc. Any notice or demand which by -------------------------- any provision of this Indenture is required or permitted to be given or served by the Trustee or by the holders of Debentures Notes on the Company shall be deemed to have been sufficiently given or made, for all purposes purposes, if given or served by being deposited postage prepaid by registered or certified mail in a post office letter box addressed (until another address is filed by the Company with the Trustee) to 0000 Xxxxxxxx XxxxxxViroPharma Incorporated, Xxxxx 000000 Xxxxxxxxx Xxxxxxxxx, XxxxxxxXxxxx, Xxxxxxxxxx 00000 Xxxxxxxxxxxx, Attention: Secretary or to an agent of the Company designated as permitted by this IndentureTreasurer. Any notice, direction, request or demand hereunder to or upon the Trustee shall be deemed to have been sufficiently given or made, for all purposes, if given or served by being deposited deposited, postage prepaid prepaid, by registered or certified mail in a post office letter box addressed to the Corporate Trust Office, which office is, at the date as of which this Indenture is dated, located at 0000 0xx 000 Xxxx Xxxxxx, 0xx 0/xx/ Xxxxx, XX-XX-X0XXXxxxxxxxxx, Xxxxxxx, XX Xxx Xxxxxx 00000, Attention: Corporate Trust Department Administration (Xcyte TherapiesViroPharma Incorporated, Inc. 6% Convertible Subordinated DebenturesNotes due 2007). The Trustee, by notice to the Company, may designate additional or different addresses for subsequent notices or communications. Any notice or communication mailed to a Debentureholder Noteholder shall be mailed to him, her or it him by first class mail, postage prepaid, at his, her or its his address as it appears on the Debenture Note register and shall be sufficiently given to him, her or it him if so mailed within the time prescribed. Failure to mail a notice or communication to a Debentureholder Noteholder or any defect in it shall not affect its sufficiency with respect to other DebentureholdersNoteholders. If a notice or communication is mailed in the manner provided above, it is duly given, whether or not the addressee receives it.
Appears in 1 contract
Samples: Indenture (Viropharma Inc)
Addresses for Notices, Etc. Any notice or demand which that by any provision of this Indenture is required or permitted to be given or served by the Trustee or by the holders of Debentures Holders on the Company shall be deemed to have been sufficiently given or made, for all purposes if given or served by overnight courier or by being deposited postage prepaid by registered or certified mail in a post office letter box addressed (until another address is filed by the Company with the Trustee) to 0000 TPI Composites, Inc., 000 Xxxxxx Xxxxxx Xxxx, Xxxxxx, Xxx Xxxx 00000, Attention: Chief Financial Officer, with a copy to Xxxxxxx Procter LLP, 000 Xxxxxxxx Xxxxxx, Xxxxx 000Xxxxxx, XxxxxxxXX 00000, Xxxxxxxxxx 00000 Attention: Secretary or to an agent of the Company designated as permitted by this IndentureXxxxx Xxxxx. Any notice, direction, request or demand hereunder to or upon the Trustee shall be deemed to have been sufficiently given or made, for all purposes, if given or served by being deposited postage prepaid by registered or certified mail in a post office letter box addressed to the Corporate Trust Office, which office is, at Office (or sent electronically in PDF format to an email address specified by the date as of which this Indenture is dated, located at 0000 0xx Xxxxxx, 0xx Xxxxx, XX-XX-X0XX, Xxxxxxx, XX 00000, Attention: Corporate Trust Department (Xcyte Therapies, Inc. % Convertible Subordinated Debentures)Trustee) upon actual receipt by the Trustee. In no event shall the Trustee or the Conversion Agent be obligated to monitor any website maintained by the Company or any press releases issued by the Company. The Trustee, by notice to the Company, may designate additional or different addresses for subsequent notices or communications. Any notice or communication mailed delivered or to be delivered to a Debentureholder Holder of Physical Notes shall be mailed to him, her or it by first class mail, postage prepaid, at his, her or its address as it appears on the Debenture register Security Register and shall be sufficiently given to him, her or it if so mailed within the time prescribed. Any notice or communication delivered or to be delivered to a Holder of Global Notes shall be delivered in accordance with the applicable procedures of the Depositary and shall be sufficiently given to it if so delivered within the time prescribed. Notwithstanding any other provision of this Indenture or any Note, where this Indenture or any Note provides for notice of any event (including any Fundamental Change Company Notice) to a Holder of a Global Note (whether by mail or otherwise), such notice shall be sufficiently given if given to the Depositary (or its designee) pursuant to the standing instructions from the Depositary or its designee, including by electronic mail in accordance with the Depositary’s applicable procedures. Failure to mail or deliver a notice or communication to a Debentureholder Holder or any defect in it shall not affect its sufficiency with respect to other DebentureholdersHolders. If a notice or communication is mailed or delivered, as the case may be, in the manner provided above, it is duly given, whether or not the addressee receives it. In case by reason of the suspension of regular mail service or by reason of any other cause it shall be impracticable to give such notice to Holders by mail, then such notification as shall be made with the approval of the Trustee shall constitute a sufficient notification for every purpose hereunder.
Appears in 1 contract
Samples: Indenture (Tpi Composites, Inc)
Addresses for Notices, Etc. Any notice or demand which by any provision of this Indenture is required or permitted to be given or served by the Trustee or by the holders of Debentures Notes on the Company Issuer shall be in writing and shall be deemed to have been sufficiently given or made, for all purposes purposes, if given or served by being deposited postage prepaid by registered or certified mail in a post office letter box box, or sent by overnight courier, or sent by telecopier transmission addressed (until another address is filed by the Company with the Trustee) to 0000 Xxxxxxxx Xxxxxx, Xxxxx 000, Xxxxxxxas follows: KKR Financial Holdings LLC 000 Xxxxxxxxxx Xxxxxx Xxx Xxxxxxxxx, Xxxxxxxxxx 00000 Telecopier No.: 000-000-0000 Attention: Secretary or to an agent of the Company designated as permitted by this Indenture. General Counsel Any notice, direction, request or demand hereunder to or upon the Trustee shall be deemed to have been sufficiently given or made, for all purposes, if given or served by being deposited deposited, postage prepaid prepaid, by registered or certified mail in a post office letter box box, or sent by overnight courier, or sent by telecopier transmission addressed to the Corporate Trust Officeas follows: Xxxxx Fargo Bank, which office isNational Association, at the date as of which this Indenture is dated000 Xxxxxxxx Xxxxxxxxx, located at 0000 0xx Xxxxxx, 0xx 00xx Xxxxx, XX-XX-X0XX, Xxx Xxxxxxx, XX 00000Xxxxxxxxxx 00000 Telecopier No.: 000-000-0000, Attention: Madeliana. X. Xxxx, Assistant Vice President, Corporate Trust Department (Xcyte Therapies, Inc. % Convertible Subordinated Debentures)Services. The Trustee, by notice to the CompanyIssuer, may designate additional or different addresses for subsequent notices or communications. Any notice or communication mailed to a Debentureholder Noteholder shall be mailed to him, her or it by first class mail, postage prepaid, at his, her or its such Noteholder’s address as it appears on the Debenture register Note Register and shall be sufficiently given to him, her or it such Noteholder if so mailed within the time prescribed. Failure to mail a notice or communication to a Debentureholder Noteholder or any defect in it shall not affect its sufficiency with respect to other DebentureholdersNoteholders. If a notice or communication is mailed in the manner provided above, it is duly given, whether or not the addressee receives it.
Appears in 1 contract
Addresses for Notices, Etc. Any notice or demand which by any provision of this the Indenture is required or permitted to be given or served by the Trustee or by the holders Holders of Debentures Notes on the Company Issuer or any Guarantor shall be deemed to have been sufficiently given or made, for all purposes if given or served by being deposited postage prepaid by registered or certified mail in a post office letter box addressed (until another address is filed by the Company with the Trustee) to 0000 Xxxxxxxx Xxxxxx, Xxxxx 000, Xxxxxxx, Xxxxxxxxxx 00000 Attention: Secretary or to an agent of the Company designated as permitted by this Indenture. Any notice, direction, request or demand hereunder to or upon the Trustee writing and shall be deemed to have been sufficiently given or made, for all purposes, if given or served by being deposited postage prepaid by registered or certified mail in a post office letter box box, or sent by overnight courier, or hand delivered, or sent by telecopier transmission addressed as follows: To the Issuer or the Guarantors: Xxxxx Operating Partnership II, L.P. c/x Xxxxx Real Estate Investment Trust II, Inc. 0000 Xxx Xxxxxxx Xxxxxxx Xxxxxxxx, Xxxxxxx 00000-0000 Phone: (000) 000-0000 Fax: (000) 000-0000 Attention: Corporate Secretary Any notice, direction, request or demand hereunder to or upon the Corporate Trust OfficeTrustee shall be in writing and shall be deemed to have been sufficiently given or made, which for all purposes, when received after being given or served by being deposited, postage prepaid, by registered or certified mail in a post office isletter box, at the date or sent by overnight courier, or hand delivered, or sent by facsimile transmission addressed as of which this Indenture is datedfollows: U.S. Bank National Association 00 Xxxxxxxxxx Xxxxxx St. Xxxx, located at 0000 0xx Xxxxxx, 0xx Xxxxx, XXMN 55107-XX-X0XX, Xxxxxxx, XX 00000, 2292 Attention: Corporate Trust Department (Xcyte TherapiesXxxxx Operating Partnership II, Inc. L.P. 5.875% Convertible Subordinated Debentures). Senior Notes due 2018) Facsimile No.: (000) 000-0000 The Trustee, by notice to the CompanyIssuer, may designate additional or different addresses for subsequent notices or communications. Any notice or communication mailed to a Debentureholder Noteholder shall be mailed to him, her or it by first class mail, postage prepaid, at his, her or its such Noteholder’s address as it appears on the Debenture register Register and shall be sufficiently given to him, her or it such Noteholder if so mailed within the time prescribed; provided that notices given or communications made to a beneficial holder may be given through the facilities of the Depositary in accordance with the Depositary’s customary procedures. Failure to mail a notice or communication to a Debentureholder Noteholder or any defect in it shall not affect its sufficiency with respect to other DebentureholdersNoteholders. If a notice or communication is mailed or given in the manner provided above, it is duly given, whether or not the addressee receives it.
Appears in 1 contract
Samples: Indenture (Wells Real Estate Investment Trust Ii Inc)
Addresses for Notices, Etc. Any notice or demand which that by any provision of this Indenture is required or permitted to be given or served by the Trustee or by the holders of Debentures Holders on the Company shall be deemed to have been sufficiently given or made, for all purposes if given or served by overnight courier or by being deposited postage prepaid by registered or certified mail in a post office letter box addressed (until another address is filed by the Company with the Trustee) to 0000 Xxxxxxxx XxxxxxComplete Solaria, Xxxxx 000Inc., 00000 Xxxxxxxxx Xxxx X, Xxxxxxx, Xxxxxxxxxx 00000 XX 00000, Attention: Secretary or to an agent of the Company designated as permitted by this IndentureChief Financial Officer. Any notice, direction, request or demand hereunder to or upon the Trustee shall be deemed to have been sufficiently given or made, for all purposes, if given or served by being deposited postage prepaid by registered or certified mail in a post office letter box addressed to the Corporate Trust Office, which office is, at Office or sent electronically in PDF format to an email address specified by the date as of which this Indenture is dated, located at 0000 0xx Xxxxxx, 0xx Xxxxx, XX-XX-X0XX, Xxxxxxx, XX 00000, Attention: Corporate Trust Department (Xcyte Therapies, Inc. % Convertible Subordinated Debentures)Trustee. The Trustee, by notice to the Company, may designate additional or different addresses for subsequent notices or communications. Any notice or communication mailed delivered or to be delivered to a Debentureholder Holder of Physical Notes shall be mailed to him, her or it by first class mail, postage prepaid, at his, her or its address as it appears on the Debenture register Note Register and shall be sufficiently given to him, her or it if so mailed within the time prescribed. Any notice or communication delivered or to be delivered to a Holder of Global Notes shall be delivered in accordance with the applicable procedures of the Depositary and shall be sufficiently given to it if so delivered within the time prescribed. Notwithstanding any other provision of this Indenture or any Note, where this Indenture or any Note provides for notice of any event (including any Fundamental Change Company Notice) to a Holder of a Global Note (whether by mail or otherwise), such notice shall be sufficiently given if given to the Depositary (or its designee) pursuant to the standing instructions from the Depositary or its designee, including by electronic mail in accordance with the Depositary’s applicable procedures. Failure to mail or deliver a notice or communication to a Debentureholder Holder or any defect in it shall not affect its sufficiency with respect to other DebentureholdersHolders. If a notice or communication is mailed or delivered, as the case may be, in the manner provided above, it is duly given, whether or not the addressee receives it. In case by reason of the suspension of regular mail service or by reason of any other cause it shall be impracticable to give such notice to Holders by mail, then such notification as shall be made with the approval of the Trustee shall constitute a sufficient notification for every purpose hereunder.
Appears in 1 contract
Samples: Indenture (Complete Solaria, Inc.)
Addresses for Notices, Etc. Any notice or demand which that by any provision of this Indenture is required or permitted to be given or served by the Trustee or by the holders of Debentures on Holders to the Company shall be deemed to have been sufficiently given or made, for all purposes if given or served by being deposited postage prepaid by registered or certified mail in a post office letter box addressed (until another address is filed by the Company to Plug Power Inc., 000 Xxxxxx Xxxxxx Xxxx, Xxxxxx, New York 12110, Attention: Chief Financial Officer, with the Trustee) a copy to 0000 Xxxxxxx Procter LLP, 000 Xxxxxxxx Xxxxxx, Xxxxx 000Xxxxxx, XxxxxxxXX 00000, Xxxxxxxxxx 00000 Attention: Secretary or to an agent of the Company designated as permitted by this IndentureXxxxx Xxxxx and Xxx Xxxxxx. Any notice, direction, request or demand hereunder to or upon the Trustee shall be deemed to have been sufficiently given or made, for all purposes, if given or served by being deposited postage prepaid by registered or certified mail in a post office letter box addressed to the Corporate Trust Office, which office is, at the date as of which this Indenture is dated, located at 0000 0xx Xxxxxx, 0xx Xxxxx, XX-XX-X0XX, Xxxxxxx, XX 00000, Attention: Corporate Trust Department (Xcyte Therapies, Inc. % Convertible Subordinated Debentures)Office or sent electronically in PDF format. The Trustee, by notice to the Company, may designate additional or different addresses for subsequent notices or communications. Any notice or communication mailed delivered or to be delivered to a Debentureholder Holder of Physical Notes shall be mailed to him, her or it by first class mail, postage prepaid, at his, her or its address as it appears on the Debenture register Note Register and shall be sufficiently given to him, her or it if so mailed within the time prescribed. Any notice or communication delivered or to be delivered to a Holder of Global Notes shall be delivered in accordance with the applicable procedures of the Depositary and shall be sufficiently given to it if so delivered within the time prescribed. Failure to mail or deliver a notice or communication to a Debentureholder Holder or any defect in it shall not affect its sufficiency with respect to other DebentureholdersHolders. If a notice or communication is mailed or delivered, as the case may be, in the manner provided above, it is duly given, whether or not the addressee receives it. In case by reason of the suspension of regular mail service or by reason of any other cause it shall be impracticable to give such notice to Holders by mail, then such notification as shall be made with the approval of the Trustee shall constitute a sufficient notification for every purpose hereunder.
Appears in 1 contract
Samples: Indenture (Plug Power Inc)
Addresses for Notices, Etc. Any notice or demand which by any provision of this Indenture is required or permitted to be given or served by the Trustee or by the holders Holders of Debentures Notes on the Company Issuer or a Guarantor shall be deemed to have been sufficiently given or made, for all purposes if given or served by being deposited postage prepaid by registered or certified mail in a post office letter box addressed (until another address is filed by the Company with the Trustee) to 0000 Xxxxxxxx Xxxxxx, Xxxxx 000, Xxxxxxx, Xxxxxxxxxx 00000 Attention: Secretary or to an agent of the Company designated as permitted by this Indenture. Any notice, direction, request or demand hereunder to or upon the Trustee writing and shall be deemed to have been sufficiently given or made, for all purposes, if given or served by being deposited postage prepaid by registered or certified mail in a post office letter box box, or sent by overnight courier, or sent by telecopier transmission addressed as follows: To the Issuer or a Guarantor, as applicable: DCT Industrial Operating Partnership LP c/o/ DCT Industrial Trust Inc. 000 00xx Xxxxxx, Xxxxx 000 Xxxxxx, Xxxxxxxx 00000 Facsimile No.: (000) 000-0000 Attention: Chief Financial Officer Any notice, direction, request or demand hereunder to or upon the Trustee shall be in writing and shall be deemed to have been sufficiently given or made, for all purposes, when received after being given or served by being deposited, postage prepaid, by registered or certified mail in a post office letter box, or sent by overnight courier, or hand delivered, or sent by facsimile transmission addressed as follows: U.S. Bank National Association Corporate Trust Office, which office is, at the date as of which this Indenture is dated, located at 0000 0xx 000 00xx Xxxxxx – 00xx Xxxxx Xxxxxx, 0xx Xxxxx, XX-XX-X0XX, Xxxxxxx, XX 00000, Xxxxxxxx 00000 Attention: Corporate Trust Department Administration Facsimile No.: (Xcyte Therapies, Inc. % Convertible Subordinated Debentures). 000) 000-0000 The Trustee, by notice to the CompanyIssuer, may designate additional or different addresses for subsequent notices or communications. Any notice or communication mailed to a Debentureholder Noteholder shall be mailed to him, her or it by first class mail, postage prepaid, at his, her or its such Noteholder’s address as it appears on the Debenture register Note Register and shall be sufficiently given to him, her or it such Noteholder if so mailed within the time prescribed. Failure to mail a notice or communication to a Debentureholder Noteholder or any defect in it shall not affect its sufficiency with respect to other DebentureholdersNoteholders. If a notice or communication is mailed in the manner provided above, it is duly given, whether or not the addressee receives it.
Appears in 1 contract
Addresses for Notices, Etc. Any notice or demand which by any provision of this Indenture is required or permitted to be given or served by the Trustee or by the holders of Debentures Notes on the Company shall be deemed to have been sufficiently given or made, for all purposes if given or served by being deposited postage prepaid by registered or certified mail in a post office letter box addressed (until another address is filed by the Company with the Trustee) to 0000 Xxxxxxxx Xxxxxx, Xxxxx 000, Xxxxxxx, Xxxxxxxxxx 00000 Attention: Secretary or to an agent of the Company designated as permitted by this Indenture. Any notice, direction, request or demand hereunder to or upon the Trustee shall be deemed to have been sufficiently given or made, for all purposes, if given or served by being deposited postage prepaid by registered or certified mail in a post office letter box addressed (until another address is filed by the Company with the Trustee) to LTX Corporation, LTX Park, University Avenue, Westwood, Massachusetts 02090, Attention: General Counsel. Any notice, direction, request or demand hereunder to or upon the Trustee shall be given or served by being deposited, postage prepaid, by registered or certified mail in a post office letter box addressed to the Corporate Trust Office, which office is, at the date as of which this Indenture is dated, located at 0000 0xx XxxxxxTwo Avenue de Lafayette, 0xx XxxxxBoston, XX-XX-X0XX, Xxxxxxx, XX 00000MA 02111, Attention: Corporate Trust Department Truxx Xxxxxxxxxx (Xcyte Therapies, Inc. % Convertible Subordinated DebenturesXXX Xxxx. Xxxxxxxxxxxx Xxxes). The Trustee, by notice to the Company, may designate additional or different addresses for subsequent notices or communications. Any notice or communication mailed to a Debentureholder Noteholder shall be mailed to him, her or it him by first class mail, postage prepaid, at his, her or its his address as it appears on the Debenture register Note Register and shall be sufficiently given to him, her or it him if so mailed within the time prescribed. Failure to mail a notice or communication to a Debentureholder Noteholder or any defect in it shall not affect its sufficiency with respect to other DebentureholdersNoteholders. If a notice or communication is mailed in the manner provided above, it is duly given, whether or not the addressee receives it; provided, however, that any notice or communication to the Trustee shall be deemed given only upon receipt.
Appears in 1 contract
Samples: Indenture (LTX Corp)
Addresses for Notices, Etc. Any request, notice or demand which by any provision of this Indenture is required or permitted to be given or served by the Trustee or by the holders of Debentures on the Company shall be deemed to have been sufficiently given or made, for all purposes purposes, if delivered by messenger or overnight carrier, given or served by being deposited postage prepaid by registered or certified mail in a post office letter box or sent by telecopier transmission addressed as follows: to Allied Waste Industries, Inc., 00000 Xxxxx Xxxxxxxx-Xxxxxx Xxxx, Suite 100, Scottsdale, Arizona 85260, Telecopier No.: (until another address is filed by the Company with the Trustee000) to 0000 Xxxxxxxx Xxxxxx000-0000, Xxxxx 000, Xxxxxxx, Xxxxxxxxxx 00000 Attention: Secretary or to an agent of the Company designated as permitted by this IndentureTreasurer. Any notice, direction, request or demand hereunder to or upon the Trustee shall be deemed to have been sufficiently given or made, for all purposes, if delivered by messenger or overnight carrier, given or served by being deposited deposited, postage prepaid prepaid, by registered or certified mail in a post office letter box or sent by telecopier transmission addressed to the Corporate Trust Officeas follows: U.S. Bank National Association, which office is, at the date as of which this Indenture is dated, located at 0000 0xx 00 Xxxxxxxxxx Xxxxxx, 0xx XxxxxSt. Xxxx, XXMinnesota 55107, Telecopier No.: (000) 000-XX-X0XX, Xxxxxxx, XX 000000000, Attention: Corporate Trust Department (Xcyte TherapiesAdministration; provided, Inc. % Convertible Subordinated Debentures)however, that the Trustee shall not be deemed to have received notice until such notice is actually received. The Company or the Trustee, by notice to the Companyother, may designate additional or different addresses for subsequent notices or communications. Any notice or communication mailed to a Debentureholder shall be mailed to him, her or it him by first class mail, postage prepaid, at his, her or its his address as it appears on the Debenture register Register and shall be sufficiently given to him, her or it him if so mailed within the time prescribed. Failure to mail a notice or communication to a Debentureholder or any defect in it shall not affect its sufficiency with respect to other Debentureholders. If a notice or communication is mailed in the manner provided above, it is duly given, whether or not the addressee receives it.
Appears in 1 contract
Addresses for Notices, Etc. Any notice or demand which that by any provision of this Indenture is required or permitted to be given or served by the Trustee or by the holders of Debentures Holders on the Company shall be in writing (including facsimile and electronic mail in PDF format) and shall be deemed to have been sufficiently given or made, for all purposes if given or served by being deposited postage prepaid by registered or certified mail in a post office letter box addressed (until another address is filed by the Company with the Trustee) to 0000 Xxxxxxxx XxxxxxElectronic Arts Inc., Xxxxx 000, 000 Xxxxxxx Xxxxxx Xxxxxxx, Xxxxxxx Xxxx, Xxxxxxxxxx 00000 00000, Attention: Secretary or to an agent of the Company designated as permitted by this IndentureGeneral Counsel. Any notice, direction, request or demand hereunder to or upon the Trustee shall be in writing (including facsimile and electronic mail in PDF format) and shall be deemed to have been sufficiently given or made, for all purposes, if given or served by being deposited postage prepaid by registered or certified mail in a post office letter box addressed to the Corporate Trust Office, which office is, at the date as of which this Indenture is dated, located at 0000 0xx Xxxxxx, 0xx Xxxxx, XX-XX-X0XX, Xxxxxxx, XX 00000, Attention: Corporate Trust Department (Xcyte Therapies, Inc. % Convertible Subordinated Debentures). The Trustee, by notice to the Company, may designate additional or different addresses for subsequent notices or communications. Any notice or communication mailed to a Debentureholder Holder shall be mailed to him, her or it by first class mail, postage prepaid, at his, her or its address as it appears on the Debenture register Note Register and shall be sufficiently given to him, her or it if so mailed within the time prescribed. Failure to mail a notice or communication to a Debentureholder Holder or any defect in it shall not affect its sufficiency with respect to other DebentureholdersHolders. If a notice or communication is mailed in the manner provided above, it is duly given, whether or not the addressee receives it. In case by reason of the suspension of regular mail service or by reason of any other cause it shall be impracticable to give such notice to Holders by mail, then such notification as shall be made with the approval of the Trustee shall constitute a sufficient notification for every purpose hereunder.
Appears in 1 contract
Samples: Indenture (Electronic Arts Inc.)
Addresses for Notices, Etc. Any notice or demand which that by any provision of this Indenture is required or permitted to be given or served by the Trustee or by the holders of Debentures on Holders to the Company shall be deemed to have been sufficiently given or made, for all purposes if given or served by being deposited postage prepaid by registered or certified mail via overnight courier or sent electronically in PDF format addressed to Plug Power Inc., 900 Xxxxxx Xxxxxx Xxxx, Xxxxxx, Xxx York 12110, Attention: Chief Financial Officer, with a post office letter box addressed (until another address is filed by the Company with the Trustee) copy to 0000 Gxxxxxx Procter LLP, 100 Xxxxxxxx Xxxxxx, Xxxxx 000Xxxxxx, XxxxxxxXX 00000, Xxxxxxxxxx 00000 Attention: Secretary or to an agent of the Company designated as permitted by this IndentureJxxxx Xxxxx and Txx Xxxxxx. Any notice, direction, request request, document or demand hereunder to or upon the Trustee shall be deemed to have been sufficiently given or mademade or filed with, for all purposes, if given it is in writing and actually received by the Trustee (including electronically in PDF format). In no event shall the Trustee or served Conversion Agent be obligated to monitor any website maintained by being deposited postage prepaid the Company or any press releases issued by registered or certified mail in a post office letter box addressed to the Corporate Trust Office, which office is, at the date as of which this Indenture is dated, located at 0000 0xx Xxxxxx, 0xx Xxxxx, XX-XX-X0XX, Xxxxxxx, XX 00000, Attention: Corporate Trust Department (Xcyte Therapies, Inc. % Convertible Subordinated Debentures)Company. The Trustee, by notice to the Company, may designate additional or different addresses for subsequent notices or communications. Any notice or communication mailed delivered or to be delivered to a Debentureholder Holder of Physical Notes shall be mailed to him, her or it by first class mail, postage prepaid, at his, her or its address as it appears on the Debenture register Note Register and shall be sufficiently given to him, her or it if so mailed within the time prescribed. Any notice or communication delivered or to be delivered to a Holder of Global Notes shall be delivered in accordance with the applicable procedures of the Depositary and shall be sufficiently given to it if so delivered within the time prescribed. Failure to mail or deliver a notice or communication to a Debentureholder Holder or any defect in it shall not affect its sufficiency with respect to other DebentureholdersHolders. If a notice or communication is mailed or delivered, as the case may be, in the manner provided above, it is duly given, whether or not the addressee receives it. In case by reason of the suspension of regular mail service or by reason of any other cause it shall be impracticable to give such notice to Holders by mail, then such notification as shall be made with the approval of the Trustee shall constitute a sufficient notification for every purpose hereunder.
Appears in 1 contract
Samples: Indenture (Plug Power Inc)
Addresses for Notices, Etc. Any notice or demand which that by any provision of this Indenture is required or permitted to be given or served by the Trustee or by the holders of Debentures Holders on the Company shall be deemed to have been sufficiently given or made, for all purposes if given or served by overnight courier or by being deposited postage prepaid by registered or certified mail in a post office letter box addressed (until another address is filed by the Company with the Trustee) to 0000 Xxxxxxxx XxxxxxCardlytics, Inc., 000 Xxxxx 000xx Xxxx Avenue NE, XxxxxxxSuite 6000, Xxxxxxxxxx 00000 Atlanta, Georgia 30308, Attention: Secretary or to an agent of the Company designated as permitted by this IndentureLegal Department. Any notice, direction, request or demand hereunder to or upon the Trustee shall be deemed to have been sufficiently given or made, for all purposes, if given or served by being deposited postage prepaid by registered or certified mail in a post office letter box addressed to the Corporate Trust Office, which office is, at Office or sent electronically in PDF format to an email address specified by the date as of which this Indenture is dated, located at 0000 0xx Xxxxxx, 0xx Xxxxx, XX-XX-X0XX, Xxxxxxx, XX 00000, Attention: Corporate Trust Department (Xcyte Therapies, Inc. % Convertible Subordinated Debentures)Trustee. The Trustee, by notice to the Company, may designate additional or different addresses for subsequent notices or communications. Any notice or communication mailed delivered or to be delivered to a Debentureholder Holder of Physical Notes shall be mailed to him, her or it by first class mail, postage prepaid, at his, her or its address as it appears on the Debenture register Note Register and shall be sufficiently given to him, her or it if so mailed within the time prescribed. Any notice or communication delivered or to be delivered to a Holder of Global Notes shall be delivered in accordance with the applicable procedures of the Depositary and shall be sufficiently given to it if so delivered within the time prescribed. Notwithstanding any other provision of this Indenture or any Note, where this Indenture or any Note provides for notice of any event (including any Fundamental Change Company Notice) to a Holder of a Global Note (whether by mail or otherwise), such notice shall be sufficiently given if given to the Depositary (or its designee) pursuant to the standing instructions from the Depositary or its designee, including by electronic mail in accordance with the Depositary’s applicable procedures. Failure to mail or deliver a notice or communication to a Debentureholder Holder or any defect in it shall not affect its sufficiency with respect to other DebentureholdersHolders. If a notice or communication is mailed or delivered, as the case may be, in the manner provided above, it is duly given, whether or not the addressee receives it. In case by reason of the suspension of regular mail service or by reason of any other cause it shall be impracticable to give such notice to Holders by mail, then such notification as shall be made with the approval of the Trustee shall constitute a sufficient notification for every purpose hereunder.
Appears in 1 contract
Samples: Indenture (Cardlytics, Inc.)
Addresses for Notices, Etc. Any notice or demand which by any provision of this Indenture is required or permitted to be given or served by the Trustee or by the holders of Debentures Notes on the Company or any Guarantor shall be deemed to have been sufficiently given or made, for all purposes if given or served by being deposited postage prepaid by registered or certified mail in a post office letter box addressed (until another address is filed by the Company with the Trustee) to 0000 Xxxxxxxx Xxxxxx, Xxxxx 000, Xxxxxxx, Xxxxxxxxxx 00000 Attention: Secretary or to an agent of the Company designated as permitted by this Indenture. Any notice, direction, request or demand hereunder to or upon the Trustee writing and shall be deemed to have been sufficiently given or made, for all purposes, if given or served by being deposited postage prepaid by registered or certified mail in a post office letter box box, or sent by overnight courier, or sent by telecopier transmission addressed as follows: to Advanced Medical Optics, Inc., 1700 E. St. Andrew Place, Santa Ana, CA 92705, Telecopier No.: (710) 000-0000, Xxxxxxxxx: Aimee S. Weiner, Esq. Any notice, direcxxxx, xxxxxxx or demand herxxxxxx xx xx xxon the Corporate Trust OfficeTrustee shall be deemed to have been sufficiently given or made, which for all purposes, if given or served by being deposited, postage prepaid, by registered or certified mail in a post office isletter box, at the date or sent by overnight courier, or sent by telecopier transmission addressed as of which this Indenture is datedfollows: U.S. Bank National Association, located at 0000 0xx Xxxxxx180 East Fifth Street, 0xx XxxxxSt. Paul, XXMinnesota 55101, Telecopier No.: (000) 000-XX-X0XX0000, Xxxxxxxxx: Xxxxxxxxx Xxxxx Department. Txx Xxxxxxx, XX 00000, Attention: Corporate Trust Department (Xcyte Therapies, Inc. % Convertible Subordinated Debentures). The Trustee, by xx notice to the Company, may designate additional or different addresses for subsequent notices or communications. Any notice or communication mailed to a Debentureholder Noteholder shall be mailed to him, her or it him by first class mail, postage prepaid, at his, her or its such Noteholder's address as it appears on the Debenture register Note Register and shall be sufficiently given to him, her or it such Noteholder if so mailed within the time prescribed. Failure to mail a notice or communication to a Debentureholder Noteholder or any defect in it shall not affect its sufficiency with respect to other DebentureholdersNoteholders. If a notice or communication is mailed in the manner provided above, it is duly given, whether or not the addressee receives it.
Appears in 1 contract
Addresses for Notices, Etc. Any notice or demand which by any provision of this Indenture is required or permitted to be given or served by the Trustee or by the holders Holders of Debentures Notes on the Company shall be in writing and shall be deemed to have been sufficiently given or made, for all purposes purposes, if given or served by being deposited postage prepaid by registered or certified mail in a post office letter box box, or sent by overnight courier, or sent by telecopier transmission addressed (until another address is filed by the Company with the Trustee) to 0000 Xxxxxxxx as follows: To Company: GLG Partners, Inc. 000 Xxxx Xxxxxx, 00xx Xxxxx Xxx Xxxx, Xxx Xxxx 00000 Telecopier No.: 000, Xxxxxxx, Xxxxxxxxxx 00000 -000-0000 Attention: Secretary or to an agent of the Company designated as permitted by this Indenture. General Counsel Any notice, direction, request or demand hereunder to or upon the Trustee shall be deemed to have been sufficiently given or made, for all purposes, if given or served by being deposited deposited, postage prepaid prepaid, by registered or certified mail in a post office letter box box, or sent by overnight courier, or sent by telecopier transmission addressed to the as follows: The Bank of New York Mellon 000 Xxxxxxx Xxxxxx New York, New York 10286 Telecopier No.: (000) 000-0000 Attention: Global Corporate Trust Office, which office is, at the date as Services with a copy to: The Bank of which this Indenture is dated, located at 0000 0xx Xxxxxx, 0xx Xxxxx, XX-XX-X0XX, Xxxxxxx, XX 00000, New York Mellon One Canada Square Xxxxxx X00 0XX Xxxxxx Xxxxxxx Attention: Global Corporate Trust Department Telecopier No.: (Xcyte Therapies, Inc. % Convertible Subordinated Debentures). 011) 00-000 000-0000 The Trustee, by notice to the Company, may designate additional or different addresses for subsequent notices or communications. Any notice or communication mailed to a Debentureholder Noteholder shall be mailed to him, her or it by first class mail, postage prepaid, at his, her or its such Noteholder’s address as it appears on the Debenture register Note Register and shall be sufficiently given to him, her or it such Noteholder if so mailed within the time prescribed. Failure to mail a notice or communication to a Debentureholder Noteholder or any defect in it shall not affect its sufficiency with respect to other DebentureholdersNoteholders. If a notice or communication is mailed in the manner provided above, it is duly given, whether or not the addressee receives it.
Appears in 1 contract
Samples: Indenture (GLG Partners, Inc.)
Addresses for Notices, Etc. Any notice or demand which that by any provision of this Indenture is required or permitted to be given or served by the Trustee or by the holders of Debentures Holders on the Company shall be in writing (including facsimile and electronic mail in PDF format) and shall be deemed to have been sufficiently given or made, for all purposes if given or served by being deposited postage prepaid by registered or certified mail in a post office letter box addressed (until another address is filed furnished by the Company with to the Trustee) to Itron, Inc., 0000 Xxxxxxxx XxxxxxXxxxx Xxxxxx Xxxx, Xxxxx 000Liberty Lake, XxxxxxxWashington, Xxxxxxxxxx 00000 99010, Attention: Secretary or to an agent of the Company designated as permitted by this IndentureChief Financial Officer. Any notice, direction, request or demand hereunder to or upon the Trustee shall be in writing (including facsimile and, if acceptable to the Trustee in its sole discretion, electronic mail in PDF format) and shall be deemed to have been sufficiently given or made, for all purposes, if it is in writing and is actually received by the Trustee or if given or served by being deposited postage prepaid by registered or certified mail in a post office letter box addressed to the Corporate Trust Office, which office is, at the date as of which this Indenture is dated, located at 0000 0xx Xxxxxx, 0xx Xxxxx, XX-XX-X0XX, Xxxxxxx, XX 00000, Attention: Corporate Trust Department (Xcyte Therapies, Inc. % Convertible Subordinated Debentures). The Trustee, by notice to the Company, may designate additional or different addresses for subsequent notices or communications. Any notice or communication mailed delivered or to be delivered to a Debentureholder Holder of Certificated Notes shall be mailed to him, her or it by first class mail, postage prepaid, at his, her or its address as it appears on the Debenture register Note Register (or sent electronically in PDF format to the e-mail address of such Holder, if any, specified on the Note Register) and shall be sufficiently given to him, her or it if so mailed (or sent, in the case of an electronic transmission) within the time prescribed. Any notice or communication delivered or to be delivered to a Holder of Global Notes shall be delivered in accordance with the Applicable Procedures of the Depositary and shall be sufficiently given to it if so delivered within the time prescribed. Failure to mail or deliver a notice or communication to a Debentureholder Holder or any defect in it shall not affect its sufficiency with respect to other DebentureholdersHolders. If a notice or communication is mailed or delivered, as the case may be, in the manner provided above, it is duly given, whether or not the addressee receives it. In case by reason of the suspension of regular mail service or by reason of any other cause it shall be impracticable to give such notice to Holders by mail (or electronically in PDF format), then such notification as shall be made with the approval of the Trustee shall constitute a sufficient notification for every purpose hereunder. In addition to the foregoing, the Trustee shall be entitled to accept and act upon notice, instructions or directions pursuant to this Indenture sent by unsecured e-mail, pdf, facsimile transmission or other similar unsecured electronic methods. If the party 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. For the avoidance of doubt, all notices, approvals, consents, requests and any communications hereunder or with respect to the Notes must be in writing (provided that any communication sent to the Trustee hereunder must be in the form of a document that is signed manually or by way of a digital signature provided by DocuSign or Adobe (or such other digital signature provider as specified in writing to the Trustee by the authorized representative), in English. 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 such instructions conflict or are inconsistent with a subsequent written instruction. The Company agrees to assume all risks arising out of the use of using digital signatures and electronic methods to submit communications to the Trustee, including without limitation the risk of Trustee acting on unauthorized instructions, and the risk of interception and misuse by third parties.
Appears in 1 contract
Samples: Indenture (Itron, Inc.)
Addresses for Notices, Etc. Any notice notice, request or demand which that by any provision of this Indenture Agreement is required or permitted to be given or served by the Trustee Representative or by the holders of Debentures Holders on the Company or the Guarantors, if any, shall be deemed to have been sufficiently given or made, for all purposes upon actual receipt if given or served by being deposited postage prepaid by registered or certified mail in a post office letter box or reputable overnight courier, postage prepaid, addressed (until another address is filed by the Company with the TrusteeRepresentative) to Cyxtera Cybersecurity, Inc. d/b/a Appgate, 0000 Xxxxxxxx XxxxxxXxxxx Xx Xxxx Blvd., Xxxxx 000Suite 900, XxxxxxxCoral Gables, Xxxxxxxxxx 00000 Florida 33134; Attention: Secretary or Chief Financial Officer with a copy (which shall not constitute notice) to an agent of the Company designated as permitted by this IndentureCyxtera Cybersecurity, Inc. d/b/a Appgate, 0000 Xxxxx Xx Xxxx Blvd., Suite 900, Coral Gables, Florida 33134; Attention: General Counsel. Any notice, direction, request or demand hereunder to or upon the Trustee Representative shall be deemed to have been sufficiently given or made, for all purposes, upon actual receipt if given or served by being deposited postage prepaid by registered or certified mail in a post office letter box or reputable overnight courier, postage prepaid, addressed (until another address is filed by the Representative with the Company) to the Corporate Trust Officec/o Magnetar Financial LLC, which office is, at the date as of which this Indenture is dated, located at 0000 0xx Xxxxxxxxx Xxxxxx, 0xx 00xx Xxxxx, XX-XX-X0XXXxxxxxxx, Xxxxxxx, XX Xxxxxxxx 00000, Attention: Corporate Trust Department (Xcyte Therapies, Inc. % Convertible Subordinated Debentures). The TrusteeRepresentative, by notice to the Company, may designate additional or different addresses for subsequent notices or communications. Any notice or communication mailed delivered or to be delivered to a Debentureholder Holder of Physical Notes shall be mailed to him, her or it by first class mail, postage prepaid, at his, her or its address as it appears on the Debenture register Note Register and shall be sufficiently given to him, her or it if so mailed sent within the time prescribed. Failure to If by reason of the suspension of regular mail a notice service or communication to a Debentureholder or by reason of any defect in other cause it shall not affect its sufficiency be impracticable to give notice as provided above, then such notification as shall be made with respect to other Debentureholdersthe approval of the Representative shall constitute a sufficient notification for every purpose hereunder. If a it is impossible or, in the opinion of the Representative, impracticable to give any notice or communication is mailed by publication in the manner provided aboveherein required, it is duly given, whether or not then such publication in lieu thereof as shall be made with the addressee receives itapproval of the Representative shall constitute a sufficient publication of such notice.
Appears in 1 contract
Addresses for Notices, Etc. Any notice or demand which that by any provision of this Indenture is required or permitted to be given or served by the Trustee or by the holders of Debentures Holders on the Company shall be deemed to have been sufficiently given or made, for all purposes if given or served by being deposited postage prepaid by registered or certified mail in a post office letter box addressed (until another address is filed by the Company with the Trustee) to 0000 Xxxxxxxx RumbleOn, Inc., 900 Xxxx Xxxxxx Xxxx Xxxx, Xxxxxx, Xxxxx 00000000, Xxxxxxx, Xxxxxxxxxx 00000 Attention: Secretary or to an agent of the Company designated as permitted by this IndentureGeneral Counsel. Any notice, direction, request or demand hereunder to the Trustee by any Holder or upon by the Company shall be sufficient for every purpose hereunder if made, given, furnished or filed in writing and delivered in person or by first-class mail (registered or certified, return receipt requested), facsimile transmission (confirmed by delivery in Person or by first-class mail (registered or certified, return receipt requested)) or guaranteed overnight courier at the Corporate Trust Office, or such other means reasonably acceptable to the Trustee (it being agreed that such notice to the Trustee shall be deemed to have been sufficiently given or made, for all purposes, if given or served it is in writing and actually received by being deposited postage prepaid by registered or certified mail in a post office letter box addressed to the Corporate Trust Office, which office is, at the date as of which this Indenture is dated, located at 0000 0xx Xxxxxx, 0xx Xxxxx, XX-XX-X0XX, Xxxxxxx, XX 00000, Attention: Corporate Trust Department (Xcyte Therapies, Inc. % Convertible Subordinated DebenturesTrustee). The Trustee, by notice to the Company, may designate additional or different addresses for subsequent notices or communications. Any notice or communication mailed delivered or to be delivered to a Debentureholder Holder of Physical Notes shall be mailed sent to him, her or it by first class mail, postage prepaid, each Holder at his, her or its address as it appears on the Debenture register Note Register and shall be sufficiently given to him, her or it if so mailed sent within the time prescribed. Any notice or communication delivered or to be delivered to a Holder of Global Notes shall be delivered in accordance with the applicable procedures of the Depositary and shall be sufficiently given to it if so delivered within the time prescribed. Failure to mail or deliver a notice or communication to a Debentureholder Holder or any defect in it shall not affect its sufficiency with respect to other DebentureholdersHolders. If a notice or communication is mailed sent or delivered, as the case may be, in the manner provided above, it is duly given, whether or not the addressee receives it.
Appears in 1 contract
Samples: Indenture (RumbleON, Inc.)
Addresses for Notices, Etc. Any notice or demand which that by any provision of this Indenture is required or permitted to be given or served by the Trustee or by the holders of Debentures Holders on the Company shall be deemed to have been sufficiently given or made, for all purposes if given or served by being deposited mailed by first class mail (registered or certified, return receipt requested), postage prepaid by registered or certified mail in a post office letter box addressed (until another address is filed by the Company with the Trustee) to HCI Group, Inc., 0000 Xxxxxxxx Xxxx Xxxxxxx Xxxxxx, Xxxxx 000, XxxxxxxXxxxx, Xxxxxxxxxx 00000 Xxxxxxx 00000, Attention: Secretary or to an agent of the Company designated as permitted by this IndentureGeneral Counsel. Any notice, direction, request or demand hereunder to or upon the Trustee shall be deemed to have been sufficiently given or made, for all purposes, if given or served by being deposited postage prepaid mailed by first class mail (registered or certified mail in a post office letter box addressed certified, return receipt requested), postage prepaid, to the Corporate Trust Office, which office is, at the date as of which this Indenture is dated, located at 0000 0xx Xxxxxx, 0xx Xxxxx, XX-XX-X0XX, Xxxxxxx, XX 00000, Attention: Corporate Trust Department (Xcyte Therapies, Inc. % Convertible Subordinated Debentures)Office or sent electronically in PDF format to xxxxx.xxxxxxxx@xxxxxxxxx.xxx. The Trustee, by notice to the Company, may designate additional or different addresses for subsequent notices or communications. Any notice or communication mailed to a Debentureholder Holder shall be mailed to him, her or it by first class mailmail (registered or certified, return receipt requested), postage prepaid, at his, her or its address as it appears on the Debenture register Note Register and shall be sufficiently given to him, her or it if so mailed within the time prescribed; provided that notices given to Holders holding Notes in book-entry form may be given through the facilities of the Depository. Failure to mail a notice or communication to a Debentureholder Holder or any defect in it shall not affect its sufficiency with respect to other DebentureholdersHolders. If a notice or communication is mailed in the manner provided above, it is duly given, whether or not the addressee receives it. In case by reason of the suspension of regular mail service or by reason of any other cause it shall be impracticable to give such notice to Holders by mail, then such notification as shall be made with the approval of the Trustee shall constitute a sufficient notification for every purpose hereunder. The Trustee agrees to accept and act upon instructions or directions pursuant to this Indenture sent by unsecured e-mail, facsimile transmission or other similar unsecured electronic methods; provided, however, that (a) the party providing such electronic instructions or directions, subsequent to the transmission thereof, shall provide the originally executed instructions or directions to the Trustee in a timely manner and (b) such originally executed instructions or directions shall be signed by an authorized representative of the party providing such instructions or directions. The Trustee shall not be liable for any losses, costs or expenses arising directly or indirectly from the Trustee’s good faith reliance upon and compliance with such instructions or directions notwithstanding such instructions or directions conflict or are inconsistent with a subsequent written instruction or direction, unless a Responsible Officer of the Trustee has actual knowledge of such conflict or inconsistency, or if the subsequent written instruction or direction is never received. The party providing instructions or directions by unsecured e-mail, facsimile transmission or other similar unsecured electronic methods, as aforesaid, 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.
Appears in 1 contract
Samples: Indenture (HCI Group, Inc.)
Addresses for Notices, Etc. Any notice or demand which that by any provision of this Indenture is required or permitted to be given or served by the Trustee or by the holders of Debentures on Holders to the Company shall be deemed to have been sufficiently given or made, for all purposes if given or served by being deposited postage prepaid by registered or certified mail via overnight courier or sent electronically in a post office letter box PDF format addressed (until another address is filed by the Company with the Trustee) to 0000 3000 Xxxxxxxx XxxxxxXxxxx, Xxxxx 000, XxxxxxxXxx Xxxxx, Xxxxxxxxxx 00000 Xxxxxxxx 00000, Attention: Secretary or Chief Financial Officer, with a copy to an agent of the Company designated as permitted by this IndentureGxxxxxx Procter LLP, 100 Xxxxxxxx Xxxxxx, Xxxxxx, XX 00000, Attention: Jxxxx Xxxxx. Any notice, direction, request request, document or demand hereunder to or upon the Trustee shall be deemed to have been sufficiently given or mademade or filed with, for all purposes, if given it is in writing and actually received by the Trustee (including electronically in PDF format). In no event shall the Trustee or served Conversion Agent be obligated to monitor any website maintained by being deposited postage prepaid the Company or any press releases issued by registered or certified mail in a post office letter box addressed to the Corporate Trust Office, which office is, at the date as of which this Indenture is dated, located at 0000 0xx Xxxxxx, 0xx Xxxxx, XX-XX-X0XX, Xxxxxxx, XX 00000, Attention: Corporate Trust Department (Xcyte Therapies, Inc. % Convertible Subordinated Debentures)Company. The Trustee, by notice to the Company, may designate additional or different addresses for subsequent notices or communications. Any notice or communication mailed delivered or to be delivered to a Debentureholder Holder of Physical Notes shall be mailed to him, her or it by first class mail, postage prepaid, at his, her or its address as it appears on the Debenture register Note Register and shall be sufficiently given to him, her or it if so mailed within the time prescribed. Any notice or communication delivered or to be delivered to a Holder of Global Notes shall be delivered in accordance with the applicable procedures of the Depositary and shall be sufficiently given to it if so delivered within the time prescribed. Failure to mail or deliver a notice or communication to a Debentureholder Holder or any defect in it shall not affect its sufficiency with respect to other DebentureholdersHolders. If a notice or communication is mailed or delivered, as the case may be, in the manner provided above, it is duly given, whether or not the addressee receives it. In case by reason of the suspension of regular mail service or by reason of any other cause it shall be impracticable to give such notice to Holders by mail, then such notification as shall be made with the approval of the Trustee shall constitute a sufficient notification for every purpose hereunder.
Appears in 1 contract
Addresses for Notices, Etc. Any notice or demand which that by any provision of this Indenture is required or permitted to be given or served by the Trustee or by the holders of Debentures Holders on the Company shall be deemed to have been sufficiently given or made, for all purposes if given or served by being deposited postage prepaid by registered or certified mail in a post office letter box addressed (until another address is filed by the Company with the Trustee) to 0000 Xxxxxxxx XxxxxxThe Medicines Company, Xxxxx 0008 Xxxxxx Xxx, XxxxxxxXxxxxxxxxx, Xxxxxxxxxx 00000 Xxx Xxxxxx 00000, Attention: Secretary General Counsel or to an agent of the Company designated as permitted transmitted by this Indenturefacsimile transmission (confirmed by guaranteed overnight courier). Any notice, direction, request or demand hereunder to or upon the Trustee shall be deemed to have been sufficiently given or made, for all purposes, if given or served by being deposited postage prepaid by registered or certified mail in a post office letter box addressed to the Corporate Trust Office, which office is, at the date as of which this Indenture is dated, located at 0000 0xx Xxxxxx, 0xx Xxxxx, XX-XX-X0XX, Xxxxxxx, XX 00000, Attention: Corporate Trust Department Office or transmitted by facsimile transmission (Xcyte Therapies, Inc. % Convertible Subordinated Debenturesconfirmed by guaranteed overnight courier). The Trustee, by notice to the Company, may designate additional or different addresses for subsequent notices or communications. Any notice or communication mailed to a Debentureholder Holder shall be mailed to him, her or it by first class mail, postage prepaid, at his, her or its address as it appears on the Debenture register Note Register and shall be sufficiently given to him, her or it if so mailed within the time prescribed. Failure to mail a notice or communication to a Debentureholder Holder or any defect in it shall not affect its sufficiency with respect to other DebentureholdersHolders. If a notice or communication is mailed in the manner provided above, it is duly given, whether or not the addressee receives it. In case by reason of the suspension of regular mail service or by reason of any other cause it shall be impracticable to give such notice to Holders by mail, then such notification as shall be made with the approval of the Trustee shall constitute a sufficient notification for every purpose hereunder. Notwithstanding any other provision of this Indenture or any Note, where this Indenture or any Note provides for notice of any event (including any notice of repurchase) to a Holder of a Global Note (whether by mail or otherwise), such notice shall be sufficiently given if given to the Depositary (or its designee) pursuant to the standing instructions from the Depositary or its designee, including by electronic mail in accordance with the Depositary’s operational arrangements or other applicable Depositary requirements.
Appears in 1 contract
Samples: Indenture (Medicines Co /De)
Addresses for Notices, Etc. Any notice or demand which that by any provision of this Indenture is required or permitted to be given or served by the Trustee or by the holders of Debentures on the Company shall be deemed to have been sufficiently given or made, for all purposes purposes, if given or served by being deposited postage prepaid by registered or certified mail in a post office letter box or sent by telecopier transmission addressed (until another address is filed by the Company with the Trustee) to 0000 Xxxxxxxx Xxxxxxas follows: CommScope, Xxxxx 000Inc., 1000 XxxxXxxxx Xxxxx, X.X., Xxxxxxx, Xxxxxxxxxx 00000 Xxxxx Xxxxxxxx, 00000, Attention: Secretary or to an agent of the Company designated as permitted by this IndentureFxxxx X. Xxxxx, XX. Any notice, direction, request or demand hereunder to or upon the Trustee shall be deemed to have been sufficiently given or made, for all purposes, if given or served by being deposited deposited, postage prepaid prepaid, by registered or certified mail in a post office letter box or sent by telecopier transmission addressed to the Corporate Trust Officeas follows: U.S. Bank National Association, which office is200 X. Xxxxx Street, at the date as of which this Indenture is dated27th Floor, located at 0000 0xx XxxxxxCharlotte, 0xx Xxxxx, XX-XX-X0XX, Xxxxxxx, XX 00000North Carolina 28202, Attention: Corporate Trust Department Trust, Telephone: (Xcyte Therapies000) 000-0000, Inc. % Convertible Subordinated Debentures)Facsimile: (000) 000-0000. Any notice or demand that by any provision of this Indenture is required or permitted to be given or served by the Company may, at the Company's written request received by the Trustee not fewer than five (5) Business Days prior (or such shorter period of time as may be acceptable to the Trustee) to the date on which such notice must be given or served, be given or served by the Trustee in the name of and at the expense of the Company. The Trustee, by notice to the Company, may designate additional or different addresses for subsequent notices or communications. Any notice or communication mailed to a Debentureholder shall be mailed to him, her or it him by first class mail, postage prepaid, at his, her or its his address as it appears on the Debenture register Register and shall be sufficiently given to him, her or it him if so mailed within the time prescribed. Failure to mail a notice or communication to a Debentureholder or any defect in it shall not affect its sufficiency with respect to other Debentureholders. If a notice or communication is mailed in the manner provided above, it is duly given, whether or not the addressee receives it.
Appears in 1 contract
Samples: Indenture (Commscope Inc)
Addresses for Notices, Etc. Any notice or demand which that by any provision of this Indenture is required or permitted to be given or served by the Trustee or by the holders of Debentures Holders on the Company shall be in writing (including facsimile and electronic mail in PDF format) and shall be deemed to have been sufficiently given or made, for all purposes if given or served by being deposited postage prepaid by registered or certified mail in a post office letter box addressed (until another address is filed furnished by the Company with to the Trustee) to Itron, Inc., 0000 Xxxxxxxx XxxxxxXxxxx Xxxxxx Xxxx, Xxxxx 000Liberty Lake, XxxxxxxWashington, Xxxxxxxxxx 00000 99010, Attention: Secretary or to an agent of the Company designated as permitted by this Indenture[ ]. Any notice, direction, request or demand hereunder to or upon the Trustee shall be in writing (including facsimile and, if acceptable to the Trustee in its sole discretion, electronic mail in PDF format) and shall be deemed to have been sufficiently given or made, for all purposes, if it is in writing and is actually received by the Trustee or if given or served by being deposited postage prepaid by registered or certified mail in a post office letter box addressed to the Corporate Trust Office, which office is, at the date as of which this Indenture is dated, located at 0000 0xx Xxxxxx, 0xx Xxxxx, XX-XX-X0XX, Xxxxxxx, XX 00000, Attention: Corporate Trust Department (Xcyte Therapies, Inc. % Convertible Subordinated Debentures). The Trustee, by notice to the Company, may designate additional or different addresses for subsequent notices or communications. Any notice or communication mailed delivered or to be delivered to a Debentureholder Holder of Certificated Notes shall be mailed to him, her or it by first class mail, postage prepaid, at his, her or its address as it appears on the Debenture register Note Register (or sent electronically in PDF format to the e-mail address of such Holder, if any, specified on the Note Register) and shall be sufficiently given to him, her or it if so mailed (or sent, in the case of an electronic transmission) within the time prescribed. Any notice or communication delivered or to be delivered to a Holder of Global Notes shall be delivered in accordance with the Applicable Procedures of the Depositary and shall be sufficiently given to it if so delivered within the time prescribed. Failure to mail or deliver a notice or communication to a Debentureholder Holder or any defect in it shall not affect its sufficiency with respect to other DebentureholdersHolders. If a notice or communication is mailed or delivered, as the case may be, in the manner provided above, it is duly given, whether or not the addressee receives it. In case by reason of the suspension of regular mail service or by reason of any other cause it shall be impracticable to give such notice to Holders by mail (or electronically in PDF format), then such notification as shall be made with the approval of the Trustee shall constitute a sufficient notification for every purpose hereunder. In addition to the foregoing, the Trustee shall be entitled to accept and act upon notice, instructions or directions pursuant to this Indenture sent by unsecured e-mail, pdf, facsimile transmission or other similar unsecured electronic methods. If the party 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. For the avoidance of doubt, all notices, approvals, consents, requests and any communications hereunder or with respect to the Notes must be in writing (provided that any communication sent to the Trustee hereunder must be in the form of a document that is signed manually or by way of a digital signature provided by DocuSign or Adobe (or such other digital signature provider as specified in writing to the Trustee by the authorized representative), in English. 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 such instructions conflict or are inconsistent with a subsequent written instruction. The Company agrees to assume all risks arising out of the use of using digital signatures and electronic methods to submit communications to the Trustee, including without limitation the risk of Trustee acting on unauthorized instructions, and the risk of interception and misuse by third parties.
Appears in 1 contract
Samples: Indenture (Itron, Inc.)
Addresses for Notices, Etc. Any notice or demand which that by any provision of this Indenture is required or permitted to be given or served by the Trustee or by the holders of Debentures Holders on the Company shall be deemed to have been sufficiently given or made, for all purposes if given or served by being deposited postage prepaid by registered or certified mail in a post office letter box addressed (until another address is filed by the Company with the Trustee) to RealPage, Inc., 0000 Xxxxxxxx XxxxxxXxxx. Xxxxxxxxxx, Xxxxx 000Xxxxx, Xxxxxxx00000-0000, Xxxxxxxxxx 00000 Attention: Secretary or to an agent of the Company designated as permitted by this IndentureGeneral Counsel. Any notice, direction, request or demand hereunder to or upon the Trustee shall be deemed to have been sufficiently given or made, for all purposes, if given or served by being deposited postage prepaid by registered or certified mail in a post office letter box addressed to the Corporate Trust Office, which office is, at the date as of which this Indenture is dated, located at 0000 0xx Xxxxxx, 0xx Xxxxx, XX-XX-X0XX, Xxxxxxx, XX 00000, Attention: Corporate Trust Department (Xcyte Therapies, Inc. % Convertible Subordinated Debentures)Office or sent electronically in PDF or any other widely used electronic format. The TrusteeTrustee and the Company, by notice to the Companyother, may designate additional or different addresses for subsequent notices or communications. Any notice or communication mailed delivered or to be delivered to a Debentureholder Holder of Physical Notes shall be mailed to him, her or it by first class mail, postage prepaid, at his, her or its address as it appears on the Debenture register Note Register and shall be sufficiently given to him, her or it if so mailed within the time prescribed. Any notice or communication delivered or to be delivered to a Holder of Global Notes shall be delivered in accordance with the applicable procedures of the Depositary and shall be sufficiently given to it if so delivered within the time prescribed. Failure to mail or deliver a notice or communication to a Debentureholder Holder or any defect in it shall not affect its sufficiency with respect to other DebentureholdersHolders. If a notice or communication is mailed or delivered, as the case may be, in the manner provided above, it is duly given, whether or not the addressee receives it. In case by reason of the suspension of regular mail service or by reason of any other cause it shall be impracticable to give such notice to Holders by mail, then such notification as shall be made with the approval of the Trustee shall constitute a sufficient notification for every purpose hereunder.
Appears in 1 contract
Addresses for Notices, Etc. Any notice or demand which by any provision of this Indenture is required or permitted to be given or served by the Trustee or by the holders of Debentures on the Company shall be deemed to have been sufficiently given or made, for all purposes if given or served by being deposited postage prepaid by registered or certified mail in a post office letter box addressed (until another address is filed by the Company with the Trustee) to 0000 Xxxxxxxx Xxxxxx, Xxxxx 000, Xxxxxxx, Xxxxxxxxxx 00000 Attention: Secretary or to an agent of the Company designated as permitted by this Indenture. Any notice, direction, request or demand hereunder to or upon the Trustee shall be deemed to have been sufficiently given or made, for all purposes, if given or served by being deposited postage prepaid by registered or certified mail in a post office letter box addressed to the Corporate Trust Office, which office is, at the date as of which this Indenture is dated, located at 0000 0xx Xxxxxx, 0xx Xxxxx, XX-XX-X0XX, Xxxxxxx, XX 00000, Attention: Corporate Trust Department (Xcyte Therapies, Inc. 6% Convertible Subordinated Debentures). The Trustee, by notice to the Company, may designate additional or different addresses for subsequent notices or communications. Any notice or communication mailed to a Debentureholder shall be mailed to him, her or it by first class mail, postage prepaid, at his, her or its address as it appears on the Debenture register and shall be sufficiently given to him, her or it if so mailed within the time prescribed. Failure to mail a notice or communication to a Debentureholder or any defect in it shall not affect its sufficiency with respect to other Debentureholders. If a notice or communication is mailed in the manner provided above, it is duly given, whether or not the addressee receives it.
Appears in 1 contract
Samples: Indenture (Xcyte Therapies Inc)
Addresses for Notices, Etc. Any notice or demand which that by any provision of this Indenture is required or permitted to be given or served by the Trustee or by the holders of Debentures Holders on the Company shall be deemed to have been sufficiently given or made, for all purposes if given or served by overnight courier or by being deposited postage prepaid by registered or certified mail in a post office letter box addressed (until another address is filed by the Company with the Trustee) to Veritone, Inc., 0000 Xxxxxxxx 00xx Xxxxxx, Xxxxx 000Xxxxxx 0000, XxxxxxxXxxxxx, Xxxxxxxxxx 00000 Xxxxxxxx, Attention: Secretary or to an agent of the Company designated as permitted by this IndentureChief Financial Officer. Any notice, direction, request or demand hereunder to or upon the Trustee (in any capacity hereunder) shall be deemed to have been sufficiently given or made, for all purposes, if given or served by being deposited postage prepaid by registered or certified mail in a post office letter box addressed to the Corporate Trust OfficeOffice or sent electronically in PDF format (it being agreed that such notice to the Trustee shall be deemed to have been sufficiently given or made, which office isfor all purposes, at if it is in writing and actually received by the date as of which this Indenture is dated, located at 0000 0xx Xxxxxx, 0xx Xxxxx, XX-XX-X0XX, Xxxxxxx, XX 00000, Attention: Corporate Trust Department (Xcyte Therapies, Inc. % Convertible Subordinated DebenturesTrustee). The Trustee, by notice to the Company, may designate additional or different addresses for subsequent notices or communications. Any notice or communication mailed delivered or to be delivered to a Debentureholder Holder of Physical Notes shall be mailed to him, her or it by first class mail, postage prepaid, at his, her or its address as it appears on the Debenture register Note Register and shall be sufficiently given to him, her or it if so mailed within the time prescribed. Any notice or communication delivered or to be delivered to a Holder of Global Notes shall be delivered in accordance with the applicable procedures of the Depositary and shall be sufficiently given to it if so delivered within the time prescribed. If the Company sends a notice or communication to Holders, it shall send a copy to the Trustee at the same time. Failure to mail or deliver a notice or communication to a Debentureholder Holder or any defect in it shall not affect its sufficiency with respect to other DebentureholdersHolders. If a notice or communication is mailed or delivered, as the case may be, in the manner provided above, it is duly given, whether or not the addressee receives it. In case by reason of the suspension of regular mail service or by reason of any other cause it shall be impracticable to give such notice to Holders by mail, then such notification as shall be made with the approval of the Trustee shall constitute a sufficient notification for every purpose hereunder.
Appears in 1 contract
Samples: Indenture (Veritone, Inc.)
Addresses for Notices, Etc. Any notice or demand which that by any provision of this Indenture is required or permitted to be given or served by the Trustee or by the holders of Debentures Holders on the Company shall be deemed to have been sufficiently given or made, for all purposes if given or served by being deposited postage prepaid by registered or certified mail in a post office letter box addressed (until another address is filed by the Company with the Trustee) to 0000 Xxxxxxxx ServiceSource International, Inc., 000 Xxxxxx Xxxxxx, Xxxxx 000, XxxxxxxXxx Xxxxxxxxx, Xxxxxxxxxx 00000 00000, Attention: Secretary or to an agent of the Company designated as permitted by this IndentureGeneral Counsel. Any notice, direction, request or demand hereunder to or upon the Trustee shall be deemed to have been sufficiently given or made, for all purposes, if given or served by being deposited postage prepaid by registered or certified mail in a post office letter box addressed to the Corporate Trust Office, which office is, at the date as of which this Indenture is dated, located at 0000 0xx Xxxxxx, 0xx Xxxxx, XX-XX-X0XX, Xxxxxxx, XX 00000, Attention: Corporate Trust Department (Xcyte Therapies, Inc. % Convertible Subordinated Debentures)Office or sent electronically in PDF format. The Trustee, by notice to the Company, may designate additional or different addresses for subsequent notices or communications. Any notice or communication mailed to a Debentureholder Holder shall be mailed to him, her or it by first class mail, postage prepaid, at his, her or its address as it appears on the Debenture register Note Register and shall be sufficiently given to him, her or it if so mailed within the time prescribed; provided that notices given to Holders of Global Notes may be given through the facilities of the Depositary. Failure to mail a notice or communication to a Debentureholder Holder or any defect in it shall not affect its sufficiency with respect to other DebentureholdersHolders. If a notice or communication is mailed in the manner provided above, it is duly given, whether or not the addressee receives it. In case by reason of the suspension of regular mail service or by reason of any other cause it shall be impracticable to give such notice to Holders by mail, then such notification as shall be made with the approval of the Trustee shall constitute a sufficient notification for every purpose hereunder.
Appears in 1 contract
Addresses for Notices, Etc. Any notice or demand which that by any provision of this Indenture is required or permitted to be given given, delivered or served by the Trustee or by the holders of Debentures Holders on the Company shall be deemed to have been sufficiently given or made, for all purposes if given given, delivered or served by being deposited postage prepaid by registered or certified mail in a post office letter box addressed (until another address is filed by the Company with the Trustee) to Pandora Media, Inc., 0000 Xxxxxxxx Xxxxxxx Xxxxxx, Xxxxx 000Suite 1650, XxxxxxxOakland, Xxxxxxxxxx 00000 CA 94612, Attention: Secretary or to an agent of the Company designated as permitted by this IndentureGeneral Counsel. Any notice, direction, request or demand hereunder to or upon the Trustee shall be deemed to have been sufficiently given given, delivered or made, for all purposes, if given given, delivered or served by being deposited postage prepaid by registered or certified mail in a post office letter box addressed to the Corporate Trust Office, which office is, at Office or sent electronically in PDF format and received by the date as of which this Indenture is dated, located at 0000 0xx Xxxxxx, 0xx Xxxxx, XX-XX-X0XX, Xxxxxxx, XX 00000, Attention: Corporate Trust Department (Xcyte Therapies, Inc. % Convertible Subordinated Debentures)Trustee. The Trustee, by notice to the Company, may designate additional or different addresses for subsequent notices or communications. Any notice or communication mailed to a Debentureholder Holder shall be mailed to him, her or it by first class mail, postage prepaid, at his, her or its address as it appears on the Debenture register Note Register and shall be sufficiently given to him, her or it if so mailed within the time prescribed; provided that notices given to Holders of Global Notes may be given electronically through the facilities of the Depositary. Failure to mail a notice or communication to a Debentureholder Holder or any defect in it shall not affect its sufficiency with respect to other DebentureholdersHolders. If a notice or communication is mailed in the manner provided above, it is duly given, whether or not the addressee receives it. In case by reason of the suspension of regular mail service or by reason of any other cause it shall be impracticable to give such notice to Holders by mail, then such notification as shall be made with the approval of the Trustee shall constitute a sufficient notification for every purpose hereunder. The Trustee (and the Bank in any capacity hereunder) agrees to accept and act upon instructions or directions pursuant to this Indenture or any document executed in connection herewith sent by unsecured email or other similar unsecured electronic methods; provided, however, that any person providing such instructions or directions shall provide to the Trustee (or the Bank in any capacity hereunder) an incumbency certificate listing persons designated to provide such instructions or directions as such incumbency certificate may be supplemented from time to time. If any person elects to give the Bank email instructions (or instructions by a similar electronic method) and the Bank in its discretion elects to act upon such instructions, the Bank’s reasonable understanding of such instructions shall be deemed controlling. The Bank shall not be liable for any losses, costs or expenses arising directly or indirectly from the Bank’s reliance upon and compliance with such instructions notwithstanding such instructions conflicting with or being inconsistent with a subsequent written instruction. Any person providing such instructions or directions agrees to assume all risks arising out of the use of such electronic methods to submit instructions and directions to the Bank, including without limitation the risk of the Bank acting on unauthorized instructions, and the risk of interception and misuse by third parties and acknowledges and agrees that there may be more secure methods of transmitting such instructions than the method(s) selected by it and agrees that the security procedures (if any) to be followed in connection with its transmission of such instructions provide to it a commercially reasonable degree of protection in light of its particular needs and circumstances.
Appears in 1 contract
Samples: Indenture (Pandora Media, Inc.)
Addresses for Notices, Etc. Any notice or demand which that by any provision of this Indenture is required or permitted to be given or served by the Trustee or by the holders of Debentures Holders on the Company shall be deemed to have been sufficiently given or made, for all purposes if given or served by overnight courier or by being deposited postage prepaid by registered or certified mail in a post office letter box addressed (until another address is filed by the Company with the Trustee) to 0000 Xxxxxxxx Shake Shack Inc., 000 Xxxxxx Xxxxxx, Xxxxx 000, XxxxxxxXxx Xxxx, Xxxxxxxxxx 00000 XX 00000, Attention: Secretary or Xxxxx Xxxxxxxxxx, Controller, E-Mail: xxxxxxxxxxx@xxxxxxxxxx.xxx with a copy to an agent of the Company designated as permitted by this IndentureShake Shack Inc., 000 Xxxxxx Xxxxxx, Xxxxx 000, Xxx Xxxx, XX 00000, Attention: Xxxxxx Xxxxxxx Xx., General Counsel, E-Mail: xxxxxxxxxxxx@xxxxxxxxxx.xxx. Any notice, direction, request or demand hereunder to or upon the Trustee shall be deemed to have been sufficiently given or made, for all purposes, if given or served by being deposited postage prepaid by registered or certified mail in a post office letter box addressed to the Corporate Trust Office, which office is, at Office or sent electronically in PDF format to an email address specified by the date as of which this Indenture is dated, located at 0000 0xx Xxxxxx, 0xx Xxxxx, XX-XX-X0XX, Xxxxxxx, XX 00000, Attention: Corporate Trust Department (Xcyte Therapies, Inc. % Convertible Subordinated Debentures)Trustee. The Trustee, by notice to the Company, may designate additional or different addresses for subsequent notices or communications. Any notice or communication mailed delivered or to be delivered to a Debentureholder Holder of Physical Notes shall be mailed to him, her or it by first class mail, postage prepaid, at his, her or its address as it appears on the Debenture register Note Register and shall be sufficiently given to him, her or it if so mailed within the time prescribed. Any notice or communication delivered or to be delivered to a Holder of Global Notes shall be delivered in accordance with the applicable procedures of the Depositary and shall be sufficiently given to it if so delivered within the time prescribed. Notwithstanding any other provision of this Indenture or any Note, where this Indenture or any Note provides for notice of any event (including any Fundamental Change Company Notice) to a Holder of a Global Note (whether by mail or otherwise), such notice shall be sufficiently given if given to the Depositary (or its designee) pursuant to the standing instructions from the Depositary or its designee, including by electronic mail in accordance with the Depositary’s applicable procedures. Failure to mail or deliver a notice or communication to a Debentureholder Holder or any defect in it shall not affect its sufficiency with respect to other DebentureholdersHolders. If a notice or communication is mailed or delivered, as the case may be, in the manner provided above, it is duly given, whether or not the addressee receives it. In case by reason of the suspension of regular mail service or by reason of any other cause it shall be impracticable to give such notice to Holders by mail, then such notification as shall be made with the approval of the Trustee shall constitute a sufficient notification for every purpose hereunder.
Appears in 1 contract
Samples: Indenture (Shake Shack Inc.)
Addresses for Notices, Etc. Any notice or demand which that by any provision of this Indenture is required or permitted to be given or served by the Trustee or by the holders of Debentures Holders on the Company shall be deemed to have been sufficiently given or made, for all purposes if given or served electronically in PDF format, overnight courier or by being deposited postage prepaid by registered or certified mail in a post office letter box addressed (until another address is filed by the Company with the Trustee) to Chegg, Inc., 0000 Xxxxxxxx Xxxxxxx Xxxxxx, Xxxxx 000Xxxxx, XxxxxxxXX, Xxxxxxxxxx 00000 00000, Attention: Secretary or to an agent of the Company designated as permitted by this IndentureGeneral Counsel. Any notice, direction, request or demand hereunder to or upon the Trustee shall be deemed to have been sufficiently given or made, for all purposes, if given or served by being deposited postage prepaid by registered or certified mail in a post office letter box addressed to the Corporate Trust Office, which office is, at the date as of which this Indenture is dated, located at 0000 0xx Xxxxxx, 0xx Xxxxx, XX-XX-X0XX, Xxxxxxx, XX 00000, Attention: Corporate Trust Department (Xcyte Therapies, Inc. % Convertible Subordinated Debentures)Office or sent electronically in PDF format. The Trustee, by notice to the Company, may designate additional or different addresses for subsequent notices or communications. Any notice or communication mailed delivered or to be delivered to a Debentureholder Holder of Physical Notes shall be mailed to him, her or it by first class mail, postage prepaid, at his, her or its address as it appears on the Debenture register Note Register and shall be sufficiently given to him, her or it if so mailed within the time prescribed. Any notice or communication delivered or to be delivered to a Holder of Global Notes shall be delivered in accordance with the applicable procedures of the Depositary and shall be sufficiently given to it if so delivered within the time prescribed. Failure to mail or deliver a notice or communication to a Debentureholder Holder or any defect in it shall not affect its sufficiency with respect to other DebentureholdersHolders. If a notice or communication is mailed or delivered, as the case may be, in the manner provided above, it is duly given, whether or not the addressee receives it. In case by reason of the suspension of regular mail service or by reason of any other cause it shall be impracticable to give such notice to Holders by mail, then such notification as shall be made with the approval of the Trustee shall constitute a sufficient notification for every purpose hereunder.
Appears in 1 contract
Samples: Indenture (Chegg, Inc)
Addresses for Notices, Etc. Any notice or demand which that by any provision of this Indenture is required or permitted to be given or served by the Trustee or by the holders of Debentures Notes on the Company shall be deemed to have been sufficiently given or made, for all purposes if given or served by being deposited postage prepaid by registered or certified mail in a post office letter box addressed (until another address is filed by the Company with the Trustee) to 0000 Xxxxxxxx Xxxxxxpurposes, Xxxxx 000, Xxxxxxx, Xxxxxxxxxx 00000 Attention: Secretary or to an agent of the Company designated as permitted by this Indenture. Any notice, direction, request or demand hereunder to or and effective only upon the Trustee shall be deemed to have been sufficiently given or made, for all purposesreceipt, if given or served by being deposited postage prepaid by registered or certified mail in a post office letter box or sent by telecopier transmission addressed as follows: 4000 MacArthur Boulevard, Newport Beach, CA 92660, Xxxxxxxxx: X. Xxxxx Blouin, Senior Vice President and Chief Financial Officer; Faxxxxxxx (000) 483-4318. Any notice, direction, request or demand hereunder xx xx xxxx xxx Trustee shall be deemed to have been sufficiently given or made, for all purposes, and effective only upon receipt, if given or served by being deposited, postage prepaid, by registered or certified mail in a post office letter box or sent by telecopier transmission addressed as follows: 227 W. Monroe Street, 26th Floor, Chicago, IL 60606, Attention: Worxxxxxx Xxxxxxxxxx Services; Facsimile: (312) 267-5202. Any notice or demand that by any xxxxxxxxx xx this Indenture is required or permitted to be given or served by the Corporate Trust Office, which office isCompany may, at the Company's written request received by the Trustee not fewer than five (5) Business Days prior (or such shorter period of time as may be acceptable to the Trustee) to the date as on which such notice must be given or served, be given or served by the Trustee in the name of which this Indenture is dated, located and at 0000 0xx Xxxxxx, 0xx Xxxxx, XX-XX-X0XX, Xxxxxxx, XX 00000, Attention: Corporate Trust Department (Xcyte Therapies, Inc. % Convertible Subordinated Debentures)the expense of the Company. The Trustee, by notice to the Company, may designate additional or different addresses for subsequent notices or communications. Any notice or communication mailed to a Debentureholder Noteholder shall be mailed to him, her or it him by first class mail, postage prepaid, at his, her or its his address as it appears on the Debenture register Note Register and shall be sufficiently given to him, her or it him if so mailed within the time prescribed. Failure to mail a notice or communication to a Debentureholder Noteholder or any defect in it shall not affect its sufficiency with respect to other DebentureholdersNoteholders. If a notice or communication is mailed in the manner provided above, it is duly given, whether or not the addressee receives it.
Appears in 1 contract
Samples: Indenture (Conexant Systems Inc)
Addresses for Notices, Etc. Any notice or demand which by any provision of this Indenture is required or permitted to be given or served by the Trustee or by the holders of Debentures Notes on the Company Issuer shall be in writing and shall be deemed to have been sufficiently given or made, for all purposes purposes, if given or served by being deposited postage prepaid by registered or certified mail in a post office letter box box, or sent by overnight courier, or sent by telecopier transmission addressed as follows: iStar Financial Inc. 1114 Avenue of the Xxxxxxxx, 00xx Xxxxx Xxx Xxxx, XX 00000 Facsimile: (until another address is filed by the Company with the Trustee000) to 000-0000 Attention: Chief Executive Officer With a copy to: Xxxxxxxx Chance US LLP 00 Xxxx 00xx Xxxxxx Xxx Xxxx, XX 00000 Facsimile: (000) 000-0000 Attention: Xxxxxxxx X. Xxxxxx, Xxxxx 000, Xxxxxxx, Xxxxxxxxxx 00000 Attention: Secretary or to an agent of the Company designated as permitted by this IndentureEsq. Any notice, direction, request or demand hereunder to or upon the Trustee shall be deemed to have been sufficiently given or made, for all purposes, if given or served by being deposited deposited, postage prepaid prepaid, by registered or certified mail in a post office letter box box, or sent by overnight courier, or sent by telecopier transmission addressed to the Corporate as follows: US Bank Trust OfficeNational Association, which office is, at the date as of which this Indenture is dated, located at 0000 0xx 000 Xxxx Xxxxxx, 0xx Xxxxx16th floor, XX-XX-X0XXXxxxx 0000, XxxxxxxXxx Xxxx, XX Xxx Xxxx 00000, Attention: Corporate Trust Department (Xcyte Therapies, Inc. % Convertible Subordinated Debentures)Department. The Trustee, by notice to the CompanyIssuer, may designate additional or different addresses for subsequent notices or communications. Any notice or communication mailed to a Debentureholder Noteholder shall be mailed to him, her or it by first class mail, postage prepaid, at his, her or its such Noteholder’s address as it appears on the Debenture register Note Register and shall be sufficiently given to him, her or it such Noteholder if so mailed within the time prescribed. Failure to mail a notice or communication to a Debentureholder Noteholder or any defect in it shall not affect its sufficiency with respect to other DebentureholdersNoteholders. If a notice or communication is mailed in the manner provided above, it is duly given, whether or not the addressee receives it.
Appears in 1 contract
Samples: Nineteenth Supplemental Indenture (Istar Financial Inc)
Addresses for Notices, Etc. Any notice or demand which that by any provision of this Indenture is required or permitted to be given or served by the Trustee or by the holders of Debentures Holders on the Company shall be in writing (including facsimile and electronic mail in PDF format) and shall be deemed to have been sufficiently given or made, for all purposes if given or served by being deposited postage prepaid by registered or certified mail in a post office letter box addressed (until another address is filed furnished by the Company with to the Trustee) to 0000 Xxxxxxxx Xxxxxx000 Xxxxxx Xxxx, Xxxxx 000Xxxxx, Xxxxxxx, Xxxxxxxxxx Xxx Xxxx 00000 (fax: (000)-000-0000); Attention: Xxxxxx X. Xxxxx, Executive Vice President, Legal Affairs, General Counsel & Secretary or sent electronically in PDF format to an agent of the Company designated as permitted by this Indenturefollowing e-mail address: xxxxxxxxxxx@xxxxxx.xxx. Any notice, direction, request or demand hereunder to or upon the Trustee shall be in writing (including facsimile and electronic mail in PDF format) and shall be deemed to have been sufficiently given or made, for all purposes, if given or served by being deposited postage prepaid by registered or certified mail in a post office letter box addressed to the Corporate Trust OfficeOffice or sent electronically in PDF format to the following e-mail address: xxxx.xxxxxxxxxx@xxxxxxxxx.xxx, which office is, at the date as of which this Indenture is dated, located at 0000 0xx Xxxxxx, 0xx Xxxxx, XX-XX-X0XX, Xxxxxxx, XX 00000, Attention: Corporate Trust Department (Xcyte Therapies, Inc. % Convertible Subordinated Debentures)with a copy to XXXX0@xxxxxxxxx.xxx. The Trustee, by notice to the Company, may designate additional or different addresses for subsequent notices or communications. Any notice or communication mailed delivered or to be delivered to a Debentureholder Holder of Certificated Notes shall be mailed to him, her or it by first class mail, postage prepaid, at his, her or its address as it appears on the Debenture register Note Register (or sent electronically in PDF format to the e-mail address of such Holder, if any, specified on the Note Register) and shall be sufficiently given to him, her or it if so mailed (or sent, in the case of an electronic transmission) within the time prescribed. Any notice or communication delivered or to be delivered to a Holder of Global Notes shall be delivered in accordance with the Applicable Procedures of the Depositary and shall be sufficiently given to it if so delivered within the time prescribed. Failure to mail send a notice or communication to a Debentureholder Holder or any defect in it shall not affect its sufficiency with respect to other DebentureholdersHolders. If a notice or communication is mailed sent in the manner provided above, it is duly given, whether or not the addressee receives it. In case by reason of the suspension of regular mail service or by reason of any other cause it shall be impracticable to give such notice to Holders by mail (or electronically in PDF format), then such notification as shall be made with the approval of the Trustee shall constitute a sufficient notification for every purpose hereunder. In addition to the foregoing, the Trustee agrees to accept and act upon notice, instructions or directions pursuant to this Indenture sent by unsecured e-mail, pdf, facsimile transmission or other similar unsecured electronic methods. If the party 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 such instructions conflict or are inconsistent with a subsequent written instruction. The party providing electronic instructions 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 or interception and misuse by third parties.
Appears in 1 contract
Samples: Indenture (Conmed Corp)
Addresses for Notices, Etc. Any notice or demand which that by any provision of this Indenture is required or permitted to be given or served by the Trustee or by the holders of Debentures Noteholders on the Company shall be deemed to have been sufficiently given or made, for all purposes if given or served by being deposited postage prepaid by registered or certified mail in a post office letter box or sent by overnight delivery addressed (until another address is filed by the Company with the Trustee) to 0000 Goldcorp Inc., Suite 0000, 000 Xxxxxxx Xx., Xxxxxxxxx, Xxxxxxx Xxxxxxxx X0X 0X0 Xxxxxx, Xxxxx or by fax to 000-000-0000, Xxxxxxx, Xxxxxxxxxx 00000 Attention: Secretary or in any case to an agent the attention of the Company designated as permitted by this IndentureVice President, General Counsel. Any notice, direction, request or demand hereunder to or upon the Trustee shall be deemed to have been sufficiently given or made, for all purposes, if given or served by being deposited postage prepaid by registered or certified mail in a post office letter box addressed to the Corporate Trust Office, which office is, at the date as of which this Indenture is dated, located at 0000 0xx Xxxxxx, 0xx Xxxxx, XX-XX-X0XX, Xxxxxxx, XX 00000, Attention: Corporate Trust Department (Xcyte Therapies, Inc. % Convertible Subordinated Debentures). The Trustee, by notice to the Company, may designate additional or different addresses for subsequent notices or communications. Any notice or communication mailed to a Debentureholder Noteholder shall be mailed to him, her or it by first class mail, postage prepaid, at his, her or its address as it appears on the Debenture register Note Register and shall be sufficiently given to him, her or it if so mailed within the time prescribed. Failure to mail a notice or communication to a Debentureholder Noteholder or any defect in it shall not affect its sufficiency with respect to other DebentureholdersNoteholders. If a notice or communication is mailed in the manner provided above, it is duly given, whether or not the addressee receives it. In case by reason of the suspension of regular mail service or by reason of any other cause it shall be impracticable to give such notice to holders by mail, then such notification as shall be made with the approval of the Trustee shall constitute a sufficient notification for every purpose hereunder.
Appears in 1 contract
Samples: Indenture (Goldcorp Inc)
Addresses for Notices, Etc. Any notice or demand which that by any provision of this Indenture is required or permitted to be given or served by the Trustee or by the holders of Debentures Holders on the Company shall be deemed to have been sufficiently given or made, for all purposes if given or served by overnight courier or by being deposited postage prepaid by registered or certified mail in a post office letter box addressed (until another address is filed by the Company with the Trustee) to 0000 Xxxxxxxx XxxxxxPNM Resources, Xxxxx 000Inc., 000 Xxxxxx Xxx. SW, MS0905, Albuquerque, New Mexico 87102-3226, Attention: Xxxxxxx Xxxxxxx, Xxxxxxxxxx 00000 AttentionVice President and Treasurer (telephone no.: Secretary or to an agent of the Company designated as permitted by this Indenture(000) 000-0000; E-mail: xxxxxxxx@xxxxxxxxxxxx.xxx). Any notice, direction, request or demand hereunder to or upon the Trustee shall be deemed to have been sufficiently given or made, for all purposes, if given or served by being deposited postage prepaid by registered or certified mail in a post office letter box addressed to the Corporate Trust Office, which office is, Office or sent electronically in PDF format to the Trustee at xxxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxxxx.xxx or such other email address specified by the date as of which this Indenture is dated, located at 0000 0xx Xxxxxx, 0xx Xxxxx, XX-XX-X0XX, Xxxxxxx, XX 00000, Attention: Corporate Trust Department (Xcyte Therapies, Inc. % Convertible Subordinated Debentures)Trustee. The Trustee, by notice to the Company, may designate additional or different addresses for subsequent notices or communications. Any notice or communication mailed delivered or to be delivered to a Debentureholder Holder of Physical Notes shall be mailed to him, her or it by first class mail, postage prepaid, at his, her or its address as it appears on the Debenture register Note Register and shall be sufficiently given to him, her or it if so mailed within the time prescribed. Any notice or communication delivered or to be delivered to a Holder of Global Notes shall be delivered in accordance with the applicable procedures of the Depositary and shall be sufficiently given to it if so delivered within the time prescribed. Notwithstanding any other provision of this Indenture or any Note, where this Indenture or any Note provides for notice of any event (including any Fundamental Change Company Notice) to a Holder of a Global Note (whether by mail or otherwise), such notice shall be sufficiently given if given to the Depositary (or its designee) pursuant to the standing instructions from the Depositary or its designee, including by electronic mail in accordance with the Depositary’s applicable procedures. Failure to mail or deliver a notice or communication to a Debentureholder Holder or any defect in it shall not affect its sufficiency with respect to other DebentureholdersHolders. If a notice or communication is mailed or delivered, as the case may be, in the manner provided above, it is duly given, whether or not the addressee receives it. In case by reason of the suspension of regular mail service or by reason of any other cause it shall be impracticable to give such notice to Holders by mail, then such notification as shall be made with the approval of the Trustee shall constitute a sufficient notification for every purpose hereunder. The Trustee shall have the right to accept and act upon instructions, including funds transfer instructions (“Instructions”) given pursuant to this Indenture and delivered using Electronic Means; provided, however, that the Company shall provide to the Trustee an incumbency certificate listing officers with the authority to provide such Instructions (“Authorized Officers”) and containing specimen signatures of such Authorized Officers, which incumbency certificate shall be amended by the Company whenever a person is to be added or deleted from the listing. If the Company elects to give the Trustee Instructions using Electronic Means and the Trustee in its discretion elects to act upon such Instructions, the Trustee’s understanding of such Instructions shall be deemed controlling. The Company understands and agrees that the Trustee cannot determine the identity of the actual sender of such Instructions and that the Trustee shall conclusively presume that directions that purport to have been sent by an Authorized Officer listed on the incumbency certificate provided to the Trustee have been sent by such Authorized Officer. The Company shall be responsible for ensuring that only Authorized Officers transmit such Instructions to the Trustee and that the Company and all Authorized Officers are solely responsible to safeguard the use and confidentiality of applicable user and authorization codes, passwords and/or authentication keys upon receipt by the Company. 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 such directions conflict or are inconsistent with a subsequent written instruction. The Company agrees: (i) to assume all risks arising out of the use of Electronic Means to submit Instructions 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; (ii) that it is fully informed of the protections and risks associated with the various methods of transmitting Instructions to the Trustee and that there may be more secure methods of transmitting Instructions than the method(s) selected by the Company; (iii) that the security procedures (if any) to be followed in connection with its transmission of Instructions provide to it a commercially reasonable degree of protection in light of its particular needs and circumstances; and (iv) to notify the Trustee immediately upon learning of any compromise or unauthorized use of the security procedures.
Appears in 1 contract
Samples: Indenture (PNM Resources Inc)
Addresses for Notices, Etc. Any notice or demand which that by any provision of this Indenture is required or permitted to be given or served by the Trustee or by the holders of Debentures Holders on the Company shall be deemed to have been sufficiently given or made, for all purposes if given or served by being deposited mailed by first class mail (registered or certified, return receipt requested), postage prepaid by registered or certified mail in a post office letter box addressed (until another address is filed by the Company with the Trustee) to 0000 Xxxxxxxx HCI Group, Inc., 5000 Xxxx Xxxxxxx Xxxxxx, Xxxxx 000, XxxxxxxXxxxx, Xxxxxxxxxx 00000 Xxxxxxx 00000, Attention: Secretary or to an agent of the Company designated as permitted by this IndentureGeneral Counsel. Any notice, direction, request or demand hereunder to or upon the Trustee shall be deemed to have been sufficiently given or made, for all purposes, if given or served by being deposited postage prepaid mailed by first class mail (registered or certified mail in a post office letter box addressed certified, return receipt requested), postage prepaid, to the Corporate Trust Office, which office is, at the date as of which this Indenture is dated, located at 0000 0xx Xxxxxx, 0xx Xxxxx, XX-XX-X0XX, Xxxxxxx, XX 00000, Attention: Corporate Trust Department (Xcyte Therapies, Inc. % Convertible Subordinated Debentures)Office and sent electronically in PDF format to bxxxxxx.xxxxxxxx@xxxxxxxxx.xxx. The Trustee, by notice to the Company, may designate additional or different addresses for subsequent notices or communications. Any notice or communication mailed sent to a Debentureholder Holder shall be mailed to him, her or it by first class mailmail (registered or certified, postage prepaidreturn receipt requested) or by e-mail or overnight air courier guaranteeing next day delivery, at his, her or its address as it appears on the Debenture register Note Register and shall be sufficiently given to him, her or it if so mailed delivered within the time prescribed; provided that notices given to Holders holding Notes in book-entry form may be given through the facilities of the Depository. Failure to mail deliver a notice or communication to a Debentureholder Holder or any defect in it shall not affect its sufficiency with respect to other DebentureholdersHolders. If a notice or communication is mailed delivered in the manner provided above, it is duly given, whether or not the addressee receives it.. In case by reason of the suspension of regular mail service or by reason of any other cause it shall be impracticable to give such notice to Holders by mail, then such notification as shall be made with the approval of the Trustee shall constitute a sufficient notification for every purpose hereunder. The Trustee shall have the right to accept and act upon instructions, including funds transfer instructions (“Instructions”), given pursuant to this Indenture and related documents and delivered using Electronic Means; provided, however, that the Company shall provide to the Trustee an incumbency certificate listing officers with the authority to provide such Instructions (“Authorized Officers”) and containing specimen signatures of such Authorized Officers, which incumbency certificate shall be amended by the Company whenever a person is to be added or deleted from the listing. If the Company elects to give the Trustee Instructions using Electronic Means and the Trustee in its discretion elects to act upon such Instructions, the Trustee’s understanding of such Instructions shall be deemed controlling. The Company understands and agrees that the Trustee cannot determine the identity of the actual sender of such Instructions and that the Trustee shall conclusively presume that directions that purport to have been sent by
Appears in 1 contract
Samples: Indenture (HCI Group, Inc.)
Addresses for Notices, Etc. Any notice or demand which that by any provision of this Indenture is required or permitted to be given or served by the Trustee or by the holders of Debentures Holders on the Company shall be deemed to have been sufficiently given or made, for all purposes if given or served by being deposited postage prepaid by registered or certified mail in a post office letter box addressed (until another address is filed by the Company with the Trustee) to 0000 Xxxxxxxx XxxxxxVitamin Shoppe, Xxxxx 000Inc., Xxxxxxx000 Xxxxxx Xxxxxx Blvd., Xxxxxxxxxx 00000 Secaucus, New Jersey 07094, Attention: Secretary or to an agent of the Company designated as permitted by this IndentureGeneral Counsel. Any notice, direction, request or demand hereunder to or upon the Trustee shall be deemed to have been sufficiently given or made, for all purposes, if given or served by being deposited postage prepaid by registered or certified mail in a post office letter box addressed to the Corporate Trust Office, which office is, at the date as of which this Indenture is dated, located at 0000 0xx Xxxxxx, 0xx Xxxxx, XX-XX-X0XX, Xxxxxxx, XX 00000, Attention: Corporate Trust Department (Xcyte Therapies, Inc. % Convertible Subordinated Debentures). The Trustee, by notice to the Company, may designate additional or different addresses for subsequent notices or communications. Any notice or communication mailed to a Debentureholder Holder shall be mailed to him, her or it by first class mail, postage prepaid, at his, her or its address as it appears on the Debenture register Note Register and shall be sufficiently given to him, her or it if so mailed within the time prescribed; provided that, in the case of Global Notes, notices given to Holders and beneficial owners may be given through the facilities of the Depositary. Failure to mail a notice or communication to a Debentureholder Holder or any defect in it shall not affect its sufficiency with respect to other DebentureholdersHolders. If a notice or communication is mailed in the manner provided above, it is duly given, whether or not the addressee receives it. In case by reason of the suspension of regular mail service or by reason of any other cause it shall be impracticable to give such notice to Holders by mail, then such notification as shall be made with the approval of the Trustee shall constitute a sufficient notification for every purpose hereunder.
Appears in 1 contract
Samples: Indenture (Vitamin Shoppe, Inc.)
Addresses for Notices, Etc. Any notice or demand which that by any provision of this Indenture is required or permitted to be given or served by the Trustee or by the holders of Debentures Holders on the Company shall be deemed to have been sufficiently given or made, for all purposes if given or served by being deposited postage prepaid by registered or certified mail in a post office letter box addressed (until another address is filed by the Company with the Trustee) to 0000 Xxxxxxxx Paratek Pharmaceuticals, Inc., 00 Xxxx Xxxxx, 0xx Xxxxx, Xxxxxx, Xxxxx 000Xxxxxxxxxxxxx, Xxxxxxx00000, Xxxxxxxxxx 00000 Attention: Secretary or to an agent of the Company designated as permitted by this IndentureXxxxxxx Xxxxxx. Any notice, direction, request or demand hereunder to or upon the Trustee shall be deemed to have been sufficiently given or made, for all purposes, if given or served by being deposited postage prepaid by registered or certified mail in a post office letter box addressed to the Corporate Trust Office, which office is, at the date as of which this Indenture is dated, located at 0000 0xx Xxxxxx, 0xx Xxxxx, XX-XX-X0XX, Xxxxxxx, XX 00000, Attention: Corporate Trust Department (Xcyte Therapies, Inc. % Convertible Subordinated Debentures)Office or sent electronically in PDF format. The Trustee, by notice to the Company, may designate additional or different addresses for subsequent notices or communications. Any notice or communication mailed delivered or to be delivered to a Debentureholder Holder of Physical Notes shall be mailed to him, her or it by first class mail, postage prepaid, at his, her or its address as it appears on the Debenture register Note Register and shall be sufficiently given to him, her or it if so mailed within the time prescribed. Any notice or communication delivered or to be delivered to a Holder of Global Notes shall be delivered in accordance with the Applicable Procedures of the Depositary and shall be sufficiently given to it if so delivered within the time prescribed. Failure to mail or deliver a notice or communication to a Debentureholder Holder or any defect in it shall not affect its sufficiency with respect to other DebentureholdersHolders. If a notice or communication is mailed or delivered, as the case may be, in the manner provided above, it is duly given, whether or not the addressee receives it. In case by reason of the suspension of regular mail service or by reason of any other cause it shall be impracticable to give such notice to Holders by mail, then such notification as shall be made with the approval of the Trustee shall constitute a sufficient notification for every purpose hereunder.
Appears in 1 contract
Addresses for Notices, Etc. Any notice or demand which that by any provision of this Indenture is required or permitted to be given or served by the Trustee or by the holders of Debentures Holders on the Company shall be deemed to have been sufficiently given or made, for all purposes if given or served by being deposited postage prepaid by registered or certified mail in a post office letter box addressed (until another address is filed by the Company with the Trustee) to 0000 Xxxxxxxx XxxxxxPTC Therapeutics, Inc., 000 Xxxxxxxxx Xxxxx, Xxxxx Xxxxxxxxxx, X.X. 00000 (fax: (000, Xxxxxxx, Xxxxxxxxxx 00000 ) 000-0000); Attention: Secretary or to an agent of the Company designated as permitted by this IndentureChief Legal Officer. Any notice, direction, request or demand hereunder to or upon the Trustee shall be deemed to have been sufficiently given or made, for all purposes, if given or served by being deposited postage prepaid by registered or certified mail in a post office letter box addressed to the Corporate Trust Office, which office is, at the date as of which this Indenture is dated, located at 0000 0xx Xxxxxx, 0xx Xxxxx, XX-XX-X0XX, Xxxxxxx, XX 00000, Attention: Corporate Trust Department Office or transmitted by facsimile transmission (Xcyte Therapies, Inc. % Convertible Subordinated Debenturesconfirmed by guaranteed overnight courier). The Trustee, by notice to the Company, may designate additional or different addresses for subsequent notices or communications. Any notice or communication mailed to a Debentureholder Holder shall be mailed to him, her or it by first class mail, postage prepaid, at his, her or its address as it appears on the Debenture register Note Register and shall be sufficiently given to him, her or it if so mailed within the time prescribed. Failure to mail a notice or communication to a Debentureholder Holder or any defect in it shall not affect its sufficiency with respect to other DebentureholdersHolders. If a notice or communication is mailed in the manner provided above, it is duly given, whether or not the addressee receives it. In case by reason of the suspension of regular mail service or by reason of any other cause it shall be impracticable to give such notice to Holders by mail, then such notification as shall be made with the approval of the Trustee shall constitute a sufficient notification for every purpose hereunder. Notwithstanding any other provision of this Indenture or any Note, where this Indenture or any Note provides for notice of any event (including any notice of redemption or repurchase) to a Holder of a Global Note (whether by mail or otherwise), such notice shall be sufficiently given if given to the Depositary (or its designee) pursuant to the standing instructions from the Depositary or its designee, including by electronic mail in accordance with the Depositary’s operational arrangements or other applicable Depositary requirements.
Appears in 1 contract
Samples: Indenture (PTC Therapeutics, Inc.)
Addresses for Notices, Etc. Any notice or demand which that by any provision of this Indenture is required or permitted to be given or served by the Trustee or by the holders of Debentures Holders on the Company shall be deemed to have been sufficiently given or made, for all purposes if given or served by overnight courier or by being deposited postage prepaid by registered or certified mail in a post office letter box addressed (until another address is filed by the Company with the Trustee) to 0000 Xxxxxxxx Aurora Cannabis Inc., 00000 Xxxxxx Xxxxxx, Xxxxx 000, Xxxxxxxx, Xxxxxxx, Xxxxxxxxxx 00000 Xxxxxx X0X 0X0, Attention: Secretary or to an agent of the Company designated as permitted by this IndentureChief Financial Officer. Any notice, direction, request or demand hereunder to or upon the Trustee shall be deemed to have been sufficiently given or made, for all purposes, if given or served by being deposited postage prepaid by registered or certified mail in a post office letter box addressed to the Corporate Trust Office, which office is, at Office of the date as of which this Indenture is dated, located at 0000 0xx Xxxxxx, 0xx Xxxxx, XX-XX-X0XX, Xxxxxxx, XX 00000, Attention: Corporate Trust Department (Xcyte Therapies, Inc. % Convertible Subordinated Debentures)Trustee or sent electronically in PDF format. The Trustee, by notice to the Company, may designate an additional or different addresses address for subsequent notices or communications. Any notice or communication mailed delivered or to be delivered to a Debentureholder Holder of Definitive Notes shall be mailed to him, her or it by first class mail, postage prepaid, at his, her or its address as it appears on the Debenture register Note Register and shall be sufficiently given to him, her or it if so mailed within the time prescribed. Any notice or communication delivered or to be delivered to a Holder of Global Notes shall be delivered in accordance with the applicable procedures of the Depositary and shall be sufficiently given to it if so delivered within the time prescribed. Notwithstanding any other provision of this Indenture or any Note, where this Indenture or any Note provides for notice of any event (including any Fundamental Change Company Notice) to a Holder of a Global Note (whether by mail or otherwise), such notice shall be sufficiently given if given to the Depositary (or its designee) pursuant to the standing instructions from the Depositary or its designee, including by electronic mail in accordance with the Depositary’s applicable procedures. Failure to mail or deliver a notice or communication to a Debentureholder Holder or any defect in it shall not affect its sufficiency with respect to other DebentureholdersHolders. If a notice or communication is mailed or delivered, as the case may be, in the manner provided above, it is duly given, whether or not the addressee receives it. In case by reason of the suspension of regular mail service or by reason of any other cause it shall be impracticable to give such notice to Holders by mail, then such notification as shall be made with the approval of the Trustee shall constitute a sufficient notification for every purpose hereunder.
Appears in 1 contract
Samples: Indenture (Aurora Cannabis Inc)
Addresses for Notices, Etc. Any notice or demand which that by any provision of this Indenture is required or permitted to be given or served by the Trustee or by the holders of Debentures Holders on the Company shall be deemed to have been sufficiently given or made, for all purposes if given or served by being deposited postage prepaid by registered or certified mail in a post office letter box addressed (until another address is filed by the Company with the Trustee) to Rovi Corporation, 0000 Xxxxxxxx XxxxxxXx Xx Xxxx Xxxxxxxxx, Xxxxx 000Santa Clara, XxxxxxxCalifornia, Xxxxxxxxxx 00000 95050, Attention: Secretary or to an agent of the Company designated as permitted by this IndentureGeneral Counsel. Any notice, direction, request or demand hereunder to or upon the Trustee shall be deemed to have been sufficiently given or made, for all purposes, if given or served by being deposited postage prepaid by registered or certified mail in a post office letter box addressed to the Corporate Trust Office, which office is, at the date as of which this Indenture is dated, located at 0000 0xx Xxxxxx, 0xx Xxxxx, XX-XX-X0XX, Xxxxxxx, XX 00000, Attention: Corporate Trust Department (Xcyte Therapies, Inc. % Convertible Subordinated Debentures)Office or sent electronically in PDF format. The Trustee, by notice to the Company, may designate additional or different addresses for subsequent notices or communications. Any notice or communication mailed to a Debentureholder Holder shall be mailed to him, her or it by first class mail, postage prepaid, at his, her or its address as it appears on the Debenture register Note Register and shall be sufficiently given to him, her or it if so mailed within the time prescribed; provided that notices given to Holders of Global Notes may be given through the facilities of the Depositary. Failure to mail a notice or communication to a Debentureholder Holder or any defect in it shall not affect its sufficiency with respect to other DebentureholdersHolders. If a notice or communication is mailed in the manner provided above, it is duly given, whether or not the addressee receives it. In case by reason of the suspension of regular mail service or by reason of any other cause it shall be impracticable to give such notice to Holders by mail, then such notification as shall be made with the approval of the Trustee shall constitute a sufficient notification for every purpose hereunder.
Appears in 1 contract
Samples: Indenture (Rovi Corp)
Addresses for Notices, Etc. Any notice or demand which that by any provision of this Indenture is required or permitted to be given or served by the Trustee or by the holders of Debentures Holders on the Company shall be deemed to have been sufficiently given or made, for all purposes if given or served electronically in PDF format, overnight courier or by being deposited postage prepaid by registered or certified mail in a post office letter box addressed (until another address is filed by the Company with the Trustee) to Chegg, Inc., 0000 Xxxxxxxx Xxxxxxx Xxxxxx, Xxxxx 000Xxxxx, XxxxxxxXX, Xxxxxxxxxx 00000 95054, Attention: Secretary or to an agent of the Company designated as permitted by this IndentureGeneral Counsel. Any notice, direction, request or demand hereunder to or upon the Trustee shall be deemed to have been sufficiently given or made, for all purposes, if given or served by being deposited postage prepaid by registered or certified mail in a post office letter box addressed to the Corporate Trust Office, which office is, at the date as of which this Indenture is dated, located at 0000 0xx Xxxxxx, 0xx Xxxxx, XX-XX-X0XX, Xxxxxxx, XX 00000, Attention: Corporate Trust Department (Xcyte Therapies, Inc. % Convertible Subordinated Debentures)Office or sent electronically in PDF format. The Trustee, by notice to the Company, may designate additional or different addresses for subsequent notices or communications. Any notice or communication mailed delivered or to be delivered to a Debentureholder Holder of Physical Notes shall be mailed to him, her or it by first class mail, postage prepaid, at his, her or its address as it appears on the Debenture register Note Register and shall be sufficiently given to him, her or it if so mailed within the time prescribed. Any notice or communication delivered or to be delivered to a Holder of Global Notes shall be delivered in accordance with the applicable procedures of the Depositary and shall be sufficiently given to it if so delivered within the time prescribed. Failure to mail or deliver a notice or communication to a Debentureholder Holder or any defect in it shall not affect its sufficiency with respect to other DebentureholdersHolders. If a notice or communication is mailed or delivered, as the case may be, in the manner provided above, it is duly given, whether or not the addressee receives it. In case by reason of the suspension of regular mail service or by reason of any other cause it shall be impracticable to give such notice to Holders by mail, then such notification as shall be made with the approval of the Trustee shall constitute a sufficient notification for every purpose hereunder.
Appears in 1 contract
Samples: Indenture (Chegg, Inc)
Addresses for Notices, Etc. Any notice or demand which that by any provision of this Indenture is required or permitted to be given or served by the Trustee or by the holders of Debentures Holders on the Company shall be deemed to have been sufficiently given or made, for all purposes if given or served by overnight courier or by being deposited postage prepaid by registered or certified mail in a post office letter box addressed (until another address is filed by the Company with the Trustee) to 0000 Xxxxxxxx XxxxxxPNM Resources, Xxxxx 000Inc., 000 Xxxxxx Xxx. SW, MS0905, Albuquerque, New Mexico 87102-3226, Attention: Xxxxxxx Xxxxxxx, Xxxxxxxxxx 00000 AttentionVice President and Treasurer (telephone no.: Secretary or to an agent of the Company designated as permitted by this Indenture(000) 000-0000; E-mail: xxxxxxxx@xxxxxxxxxxxx.xxx). Any notice, direction, request or demand hereunder to or upon the Trustee shall be deemed to have been sufficiently given or made, for all purposes, if given or served by being deposited postage prepaid by registered or certified mail in a post office letter box addressed to the Corporate Trust Office, which office is, Office or sent electronically in PDF format to the Trustee at xxxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxxxx.xxx or such other email address specified by the date as of which this Indenture is dated, located at 0000 0xx Xxxxxx, 0xx Xxxxx, XX-XX-X0XX, Xxxxxxx, XX 00000, Attention: Corporate Trust Department (Xcyte Therapies, Inc. % Convertible Subordinated Debentures)Trustee. The Trustee, by notice to the Company, may designate additional or different addresses for subsequent notices or communications. Any notice or communication mailed delivered or to be delivered to a Debentureholder Holder of Physical Notes shall be mailed to him, her or it by first class mail, postage prepaid, at his, her or its address as it appears on the Debenture register Note Register and shall be sufficiently given to him, her or it if so mailed within the time prescribed. Any notice or communication delivered or to be delivered to a Holder of Global Notes shall be delivered in accordance with the applicable procedures of the Depositary and shall be sufficiently given to it if so delivered within the time prescribed. Notwithstanding any other provision of this Indenture or any Note, where this Indenture or any Note provides for notice of any event (including any Fundamental Change Company Notice) to a Holder of a Global Note (whether by mail or otherwise), such notice shall be sufficiently given if given to the Depositary (or its designee) pursuant to the standing instructions from the Depositary or its designee, including by electronic mail in accordance with the Depositary’s applicable procedures. Failure to mail or deliver a notice or communication to a Debentureholder Holder or any defect in it shall not affect its sufficiency with respect to other DebentureholdersHolders. If a notice or communication is mailed or delivered, as the case may be, in the manner provided above, it is duly given, whether or not the addressee receives it. In case by reason of the suspension of regular mail service or by reason of any other cause it shall be impracticable to give such notice to Holders by mail, then such notification as shall be made with the approval of the Trustee shall constitute a sufficient notification for every purpose hereunder. The Trustee shall have the right to accept and act upon instructions, including funds transfer instructions (“Instructions”) given pursuant to this Indenture and delivered using Electronic Means; provided, however, that the Company shall provide to the Trustee an incumbency certificate listing officers with the authority to provide such Instructions (“Authorized Officers”) and containing specimen signatures of such Authorized Officers, which #98368004v14 incumbency certificate shall be amended by the Company whenever a person is to be added or deleted from the listing. If the Company elects to give the Trustee Instructions using Electronic Means and the Trustee in its discretion elects to act upon such Instructions, the Trustee’s understanding of such Instructions shall be deemed controlling. The Company understands and agrees that the Trustee cannot determine the identity of the actual sender of such Instructions and that the Trustee shall conclusively presume that directions that purport to have been sent by an Authorized Officer listed on the incumbency certificate provided to the Trustee have been sent by such Authorized Officer. The Company shall be responsible for ensuring that only Authorized Officers transmit such Instructions to the Trustee and that the Company and all Authorized Officers are solely responsible to safeguard the use and confidentiality of applicable user and authorization codes, passwords and/or authentication keys upon receipt by the Company. 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 such directions conflict or are inconsistent with a subsequent written instruction. The Company agrees: (i) to assume all risks arising out of the use of Electronic Means to submit Instructions 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; (ii) that it is fully informed of the protections and risks associated with the various methods of transmitting Instructions to the Trustee and that there may be more secure methods of transmitting Instructions than the method(s) selected by the Company; (iii) that the security procedures (if any) to be followed in connection with its transmission of Instructions provide to it a commercially reasonable degree of protection in light of its particular needs and circumstances; and (iv) to notify the Trustee immediately upon learning of any compromise or unauthorized use of the security procedures.
Appears in 1 contract
Samples: Indenture (PNM Resources Inc)
Addresses for Notices, Etc. Any notice or demand which that by any provision of this Indenture is required or permitted to be given or served by the Trustee Trustee, the Collateral Agent or by the holders of Debentures Holders on the Company shall be deemed to have been sufficiently given or made, for all purposes if given or served (1) electronically in PDF format and (2) by overnight courier or by being deposited postage prepaid by registered or certified mail in a post office letter box addressed (until another address is filed delivered by the Company with to the TrusteeTrustee and the Collateral Agent) to 0000 Xxxxxxxx XxxxxxLivePerson, Inc., 530 0xx Xxx, Xxxxx 000X0, XxxxxxxXxx Xxxx, Xxxxxxxxxx 00000 AttentionXX 00000; Xxtention: Secretary or to an agent of Corporate Secretary; Email: xxxxx@xxxxxxxxxx.xxx, upon actual receipt by the Company designated as permitted by this Indentureelectronically in PDF format. Any notice, direction, request or demand hereunder to or upon the Trustee or the Collateral Agent shall be deemed to have been sufficiently given or made, for all purposes, if given or served by being deposited postage prepaid by registered or certified mail in a post office letter box addressed to the Corporate Trust OfficeOffice or sent electronically in PDF format, which office iswhether sent by mail or electronically, at upon actual receipt by the date Trustee or the Collateral Agent, as of which this Indenture is dated, located at 0000 0xx Xxxxxx, 0xx Xxxxx, XX-XX-X0XX, Xxxxxxx, XX 00000, Attention: Corporate Trust Department (Xcyte Therapies, Inc. % Convertible Subordinated Debentures)applicable. The TrusteeTrustee and the Collateral Agent, by notice to the Company, may designate additional or different addresses for subsequent notices or communications. Any notice or communication mailed delivered or to be delivered to a Debentureholder Holder of Physical Notes shall be mailed to him, her or it by first class mail, postage prepaid, at his, her or its address as it appears on the Debenture register Note Register and shall be sufficiently given to him, her or it if so mailed within the time prescribed. Any notice or communication delivered or to be delivered to a Holder of Global Notes shall be delivered in accordance with the Applicable Procedures and shall be sufficiently given to it if so delivered within the time prescribed. Failure to mail or deliver a notice or communication to a Debentureholder Holder or any defect in it shall not affect its sufficiency with respect to other DebentureholdersHolders. If a notice or communication is mailed or delivered, as the case may be, in the manner provided above, it is duly given, whether or not the addressee receives it. In case by reason of the suspension of regular mail service or by reason of any other cause it shall be impracticable to give such notice to Holders by mail, then such notification as shall be made with the approval of the Trustee shall constitute a sufficient notification for every purpose hereunder.
Appears in 1 contract
Samples: Indenture (Liveperson Inc)
Addresses for Notices, Etc. Any notice or demand which that by any provision of this Indenture is required or permitted to be given or served by the Trustee or by the holders of Debentures Holders on the Company shall be deemed to have been sufficiently given or made, for all purposes if given or served by overnight courier or by being deposited postage prepaid by registered or certified mail in a post office letter box addressed (until another address is filed by the Company with the Trustee) to 0000 Xxxxxxxx Confluent, Inc., 000 X. Xxxxxx Xxxxxx, Xxxxx 000Mountain View, XxxxxxxCA 94041, Xxxxxxxxxx 00000 Attention: Secretary or to an agent of the Company designated as permitted by this IndentureChief Legal Officer. Any notice, direction, request or demand hereunder to or upon the Trustee shall be deemed to have been sufficiently given or made, for all purposes, if given or served by being deposited postage prepaid by registered or certified mail in a post office letter box addressed to the Corporate Trust Office, which office is, at Office or sent electronically in PDF format to an email address specified by the date as of which this Indenture is dated, located at 0000 0xx Xxxxxx, 0xx Xxxxx, XX-XX-X0XX, Xxxxxxx, XX 00000, Attention: Corporate Trust Department (Xcyte Therapies, Inc. % Convertible Subordinated Debentures)Trustee. The Trustee, by notice to the Company, may designate additional or different addresses for subsequent notices or communications. Any notice or communication mailed delivered or to be delivered to a Debentureholder Holder of Physical Notes shall be mailed to him, her or it by first class mail, postage prepaid, at his, her or its address as it appears on the Debenture register Note Register and shall be sufficiently given to him, her or it if so mailed within the time prescribed. Any notice or communication delivered or to be delivered to a Holder of Global Notes shall be delivered in accordance with the applicable procedures of the Depositary and shall be sufficiently given to it if so delivered within the time prescribed. Notwithstanding any other provision of this Indenture or any Note, where this Indenture or any Note provides for notice of any event (including any Fundamental Change Company Notice) to a Holder of a Global Note (whether by mail or otherwise), such notice shall be sufficiently given if given to the Depositary (or its designee) pursuant to the standing instructions from the Depositary or its designee, including by electronic mail in accordance with the Depositary’s applicable procedures. Failure to mail or deliver a notice or communication to a Debentureholder Holder or any defect in it shall not affect its sufficiency with respect to other DebentureholdersHolders. If a notice or communication is mailed or delivered, as the case may be, in the manner provided above, it is duly given, whether or not the addressee receives it. In case by reason of the suspension of regular mail service or by reason of any other cause it shall be impracticable to give such notice to Holders by mail, then such notification as shall be made with the approval of the Trustee shall constitute a sufficient notification for every purpose hereunder.
Appears in 1 contract
Samples: Indenture (Confluent, Inc.)
Addresses for Notices, Etc. Any notice or demand which by any provision of this Indenture is required or permitted to be given or served by the Trustee or by the holders of Debentures on the Company shall be deemed to have been sufficiently given or made, for all purposes purposes, if given or served by being deposited postage prepaid by registered or certified mail in a post office letter box or sent by telecopier transmission addressed (until another address is filed by the Company with the Trustee) to 0000 as follows: Tower Automotive, Inc., 00000 Xxxxxxxx XxxxxxXxxx, Xxxxx 000Novi, XxxxxxxMichigan, Xxxxxxxxxx 00000 Attention: Secretary or to an agent of the Company designated as permitted by this IndentureChief Financial Officer, Facsimile: (000) 000-0000. Any notice, direction, request or demand hereunder to or upon the Trustee shall be deemed to have been sufficiently given or made, for all purposes, if given or served by being deposited deposited, postage prepaid prepaid, by registered or certified mail in a post office letter box or sent by telecopier transmission addressed to the Corporate Trust OfficeOffice of the Trustee, which office is, at the date as of which this Indenture is dated, located at 0000 0xx Xxxxxx, 0xx Xxxxx, XXFacsimile: (000) 000-XX-X0XX, Xxxxxxx, XX 00000, Attention: Corporate Trust Department (Xcyte Therapies, Inc. % Convertible Subordinated Debentures)0000. The Company or the Trustee, by notice to the Companyother and the Debentureholders, may designate additional or different addresses for subsequent notices or communications. Any notice or communication mailed to a Debentureholder shall be mailed to him, her or it him by first class mail, postage prepaid, at his, her or its his address as it appears on the Debenture register Register and shall be sufficiently given to him, her or it him if so mailed within the time prescribed. Any notice so given will be deemed to have been given to such Debentureholder on the date of such mailing. Failure to mail a notice or communication to a Debentureholder or any defect in it shall not affect its sufficiency with respect to other Debentureholders. If a notice or communication is mailed in the manner provided above, it is duly given, whether or not the addressee receives it.
Appears in 1 contract
Samples: Convertible Senior Debentures (Tower Automotive Inc)
Addresses for Notices, Etc. Any notice or demand which that by any provision of this Indenture is required or permitted to be given or served by the Trustee or the Security Agent or by the holders of Debentures Holders on the Company shall be deemed to have been sufficiently given or made, for all purposes if given or served by being deposited postage prepaid by registered or certified mail in a post office letter box addressed (until another address is filed delivered by the Company with to the Trustee) to 0000 Xxxxxxxx Sxxxxx Hospitality PLC, 20 Xxx Xxxxxxxxxx Xxxxxx, Xxxxx 000Xxxxxx, Xxxxxx Xxxxxxx, Xxxxxxxxxx 00000 XX0X 0XX, Attention: Secretary or to an agent of the Company designated as permitted by this IndentureSecretary. Any notice, direction, request or demand hereunder to or upon the Trustee shall be deemed to have been sufficiently given or made, for all purposes, if given or served it is in writing and actually received by being deposited postage prepaid by registered or certified mail in a post office letter box addressed to the Trustee at the Corporate Trust Office, which office is, at . In no event shall the date as of which this Indenture is dated, located at 0000 0xx Xxxxxx, 0xx Xxxxx, XX-XX-X0XX, Xxxxxxx, XX 00000, Attention: Corporate Trust Department (Xcyte Therapies, Inc. % Convertible Subordinated Debentures)Trustee be obligated to monitor any website maintained by the Company or any press releases issued by the Company. The Trustee, by notice to the Company, may designate additional or different addresses for subsequent notices or communications. Any notice, direction, request or demand hereunder to or upon the Security Agent shall be deemed to have been sufficiently given or made, for all purposes, if it is in writing and given or served by being deposited postage prepaid by registered or certified mail in a post office letter box addressed to Aether Financial Services UK Limited, 20 Xxxxxxxxxx Xxxxxx, Xxxxxx, Xxxxxxx, X0 0XX, Attention: Bxxxx Xxxxxxxxxx. Any notice or communication mailed delivered or to be delivered to a Debentureholder Holder of Physical Notes shall be mailed to him, her or it by first class mail, postage prepaid, at his, her or its address as it appears on the Debenture register Note Register and shall be sufficiently given to him, her or it if so mailed within the time prescribed. Any notice or communication delivered or to be delivered to a Holder of Global Notes shall be delivered in accordance with the Applicable Procedures of the Depositary and shall be sufficiently given to it if so delivered within the time prescribed. Failure to mail or deliver a notice or communication to a Debentureholder Holder or any defect in it shall not affect its sufficiency with respect to other DebentureholdersHolders. If a notice or communication is mailed or delivered, as the case may be, in the manner provided above, it is duly given, whether or not the addressee receives it. In case by reason of the suspension of regular mail service or by reason of any other cause it shall be impracticable to give such notice to Holders by mail, then such notification as shall be made with the approval of the Trustee shall constitute a sufficient notification for every purpose hereunder. Notwithstanding any other provision of this Indenture or any Note, where this Indenture or any Note provides for notice of any event to a Holder of a Global Note (whether by mail or otherwise), such notice shall be properly delivered if delivered to DTC (or its designee) in accordance with the Applicable Procedures of DTC.
Appears in 1 contract
Samples: Indenture (Selina Hospitality PLC)
Addresses for Notices, Etc. Any notice or demand which that by any provision of this Indenture is required or permitted to be given or served by the Trustee or by the holders of Debentures Holders on the Company shall be in writing (including facsimile and electronic mail in PDF format) and shall be deemed to have been sufficiently given or made, for all purposes if given or served by being deposited postage prepaid by registered or certified mail in a post office letter box addressed (until another address is filed furnished by the Company with to the Trustee) to 0000 Xxxxxxxx Xxxxxx, Xxxxx 000, Xxxxxxx, Xxxxxxxxxx 00000 [ ]; Attention: Secretary [ ], or sent electronically in PDF format to an agent of the Company designated as permitted by this Indenturefollowing e-mail address: [ ], with a copy (which shall not constitute notice) to [ ]; Attention: [ ], or sent electronically in PDF format to the following email address: [ ]. Any notice, direction, request or demand hereunder to or upon the Trustee shall be in writing (including facsimile and electronic mail in PDF format) and shall be deemed to have been sufficiently given or made, for all purposes, if given or served by being deposited postage prepaid by registered or certified mail in a post office letter box addressed to the Corporate Trust OfficeOffice or sent electronically in PDF format to the following e-mail address: Xxxxx@xxx.xxxxx.xxx. Any notice, which direction, request or demand hereunder to or upon the Paying Agent, the Note Registrar or the Transfer Agent shall be in writing (including facsimile and electronic mail in PDF format) and shall be deemed to have been sufficiently given or made, for all purposes, if given or served by being deposited postage prepaid by registered or certified mail in a post office isletter box addressed to Kroll Agency Services Limited, The News Building, Level 6, 0 Xxxxxx Xxxxxx Xxxxxx, Xxxxxx XX0 0XX, Xxxxxx Xxxxxxx, Attention: Kroll Agency and Trustee Services Limited or sent electronically in PDF format to the following e-mail address: Xxxxx@xxx.xxxxx.xxx. Any notice hereunder to the Calculation Agent shall be sent in writing by electronic mail to the following e-mail address: xxxxxxxxxxx.xxxxx@xxxx-xx.xxx, and shall be deemed to have been sent to the Calculation Agent, for all purposes, when the relevant receipt of such communication being read is given, or where no read receipt is requested by the sender, at the date as time of sending; provided that no delivery failure notification is received by the sender within 24 hours of sending such communication; provided further that any electronic mail which this Indenture is datedsent (or deemed to be sent in accordance with the foregoing) outside normal business hours in London or on a day which is not a Business Day shall be deemed to be sent on the next following Business Day. Any notice, located at 0000 0xx Xxxxxxdirection, 0xx Xxxxxrequest or demand hereunder to or upon the Conversion Agent shall be in writing (including facsimile and electronic mail in PDF format) and shall be deemed to have been sufficiently given or made, XXfor all purposes, if given or served by being deposited postage prepaid by registered or certified mail in a post office letter box addressed to [ ] or sent electronically in PDF format to the following e-XX-X0XX, Xxxxxxx, XX 00000, Attentionmail address: Corporate Trust Department (Xcyte Therapies, Inc. % Convertible Subordinated Debentures)[ ]. The Trustee, by notice to the Company, may designate additional or different addresses for subsequent notices or communications. Any notice or communication mailed delivered or to be delivered to a Debentureholder Holder shall be mailed to him, her or it by first class mail, postage prepaid, at his, her or its address as it appears on the Debenture register Note Register (or sent electronically in PDF format to the e-mail address of such Holder, if any, specified on the Note Register) and shall be sufficiently given to him, her or it if so mailed (or sent, in the case of an electronic transmission) within the time prescribed. Failure to mail send a notice or communication to a Debentureholder Holder or any defect in it shall not affect its sufficiency with respect to other DebentureholdersHolders. If a notice or communication is mailed sent in the manner provided above, it is duly given, whether or not the addressee receives it. In case by reason of the suspension of regular mail service or by reason of any other cause it shall be impracticable to give such notice to Holders by mail (or electronically in PDF format), then such notification as shall be made with the approval of the Trustee shall constitute a sufficient notification for every purpose hereunder. In addition to the foregoing, the Trustee agrees to accept and act upon notice, instructions or directions pursuant to this Indenture sent by unsecured e-mail, pdf, facsimile transmission or other similar unsecured electronic methods. If the party 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, liabilities, costs or expenses arising directly or indirectly from the Trustee’s reliance upon and compliance with such instructions notwithstanding such instructions conflict or are inconsistent with a subsequent written instruction. The party providing electronic instructions 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 or interception and misuse by third parties. All notices will be given in the English language.
Appears in 1 contract
Addresses for Notices, Etc. Any notice or demand which that by any provision of this Indenture is required or permitted to be given or served by the Trustee or by the holders of Debentures Holders on the Company shall be deemed to have been sufficiently given or made, for all purposes if given or served by being deposited postage prepaid by registered or certified mail in a post office letter box addressed (until another address is filed by the Company with the Trustee) to 0000 Xxxxxxxx XxxxxxSea Limited, Xxxxx 0001 Xxxxxxxxxxxx Xxxxx, Xxxxxxx#00-00, Xxxxxxxxxx 00000 Xxxxxxx Xxxxxxxxx, 000000, Attention: Secretary or to an agent of the Company designated as permitted by this IndentureGeneral Counsel. Any notice, direction, request or demand hereunder to or upon the Trustee shall be deemed to have been sufficiently given or made, for all purposes, if given or served made by being deposited postage prepaid by registered or certified mail in a post office letter box addressed to the Corporate Trust OfficeOffice or sent electronically in PDF format. Notwithstanding any other provision of the Indenture, which office isnotices to the Trustee shall only be deemed received upon actual receipt thereof by a Responsible Officer. So long as and to the extent that the Notes are represented by Global Notes and such Global Notes are held by DTC, at notices to owners of beneficial interests in the date as global notes may be given by delivery of which this Indenture is dated, located at 0000 0xx Xxxxxx, 0xx Xxxxx, XX-XX-X0XX, Xxxxxxx, XX 00000, Attention: Corporate Trust Department (Xcyte Therapies, Inc. % Convertible Subordinated Debentures)the relevant notice to DTC for communication by it to entitled account holders. The Trustee, by notice to the Company, may designate additional or different addresses for subsequent notices or communications. Any notice or communication mailed delivered to a Debentureholder Holder shall be mailed to him, her or it by first class mail, postage prepaid, at his, her or its address as it appears on the Debenture register Note Register or delivered by electronic mail and shall be sufficiently given to him, her or it if so mailed delivered within the time prescribed. Failure to mail or deliver a notice or communication to a Debentureholder Holder or any defect in it shall not affect its sufficiency with respect to other DebentureholdersHolders. If a notice or communication is mailed or delivered in the manner provided above, it is duly given, whether or not the addressee receives it.
Appears in 1 contract
Samples: Indenture (Sea LTD)
Addresses for Notices, Etc. Any notice or demand which that by any provision of this Indenture is required or permitted to be given or served by the Trustee or by the holders of Debentures Holders on the Company shall be deemed to have been sufficiently given or made, for all purposes if given or served by being deposited postage prepaid by registered or certified mail in a post office letter box addressed (until another address is filed by the Company with the Trustee) to 0000 Xxxxxxxx XxxxxxRepay Holdings Corporation, 0 Xxxx Xxxxx Xxxxx Xxxx, Xxxxx 000, Xxxxxxx, Xxxxxxxxxx 00000 XX 00000, Attention: Secretary or to an agent of the Company designated as permitted by this IndentureChief Financial Officer. Any notice, direction, request approvals, request, demand or demand communications hereunder or with respect to the Notes to or upon the Trustee in each of its capacities hereunder shall be in writing (provided that any communication sent to Trustee hereunder must be in the form of a document that is signed manually or by facsimile or by way of a digital signature, including electronic images of handwritten signatures and digital signatures provided by DocuSign, Orbit, Adobe Sign or any other digital signature provider acceptable to the Trustee) and shall be deemed to have been sufficiently given or made, for all purposes, if given or served upon the receipt by being deposited postage prepaid by registered or certified mail in a post office letter box addressed to Responsible Officer of the Trustee at the Corporate Trust Office, which office is, at the date as of which this Indenture is dated, located at 0000 0xx Xxxxxx, 0xx Xxxxx, XX-XX-X0XX, Xxxxxxx, XX 00000, Attention: Corporate Trust Department (Xcyte Therapies, Inc. % Convertible Subordinated Debentures). The Trustee, by notice to the Company, may designate additional or different addresses for subsequent notices or communications. Any notice or communication mailed delivered or to be delivered to a Debentureholder Holder of Physical Notes shall be mailed to him, her or it by first class mail, postage prepaid, at his, her or its address as it appears on the Debenture register Note Register and shall be sufficiently given to him, her or it if so mailed within the time prescribed. Any notice or communication delivered or to be delivered to a Holder of Global Notes shall be delivered in accordance with the applicable procedures of the Depositary and shall be sufficiently given to it if so delivered within the time prescribed. Notwithstanding any other provision of this Indenture or any Note, where this Indenture or any Note provides for notice of any event (including any Notice of Redemption or any Fundamental Change Company Notice) to a Holder of a Global Note (whether by mail or otherwise), such notice shall be sufficiently given if given to the Depositary (or its designee) pursuant to the standing instructions from the Depositary or its designee, including by electronic mail in accordance with the Depositary’s applicable procedures. Failure to mail or deliver a notice or communication to a Debentureholder Holder or any defect in it shall not affect its sufficiency with respect to other DebentureholdersHolders. If a notice or communication is mailed or delivered, as the case may be, in the manner provided above, it is duly given, whether or not the addressee receives it. In case by reason of the suspension of regular mail service or by reason of any other cause it shall be impracticable to give such notice to Holders of Physical Notes 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 addition to the foregoing, the Trustee shall have the right to accept and act upon any notice, instruction, direction or other communication, including any funds transfer instruction, (each, a “Notice”) sent by unsecured e-mail, facsimile transmission or other similar unsecured electronic methods and shall not have any duty to confirm that the person sending such Notice is, in fact, a person authorized to do so. If any party elects to give the Trustee an e-mail or facsimile Notice (or a Notice by a similar electronic method), the Trustee’s understanding of such Notice shall be deemed controlling. Each other party to this Indenture assumes all risks arising out of the use of electronic signatures and electronic methods to send Notices to the Trustee, including without limitation the risk of the Trustee acting on an unauthorized Notice and the risk of interception or misuse by third parties. Notwithstanding the foregoing, the Trustee may in any instance and in its sole discretion require that a Notice in the form of an original document bearing a manual signature be delivered to the Trustee in lieu of, or in addition to, any such electronic Notice. 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 any Notice notwithstanding such instructions conflict or are inconsistent with a subsequent written Notice.
Appears in 1 contract
Samples: Indenture (Repay Holdings Corp)
Addresses for Notices, Etc. Any notice or demand which that by any provision of this Indenture is required or permitted to be given or served by the Trustee or by the holders of Debentures Holders on the Company shall be deemed to have been sufficiently given or made, for all purposes if given or served by being deposited postage prepaid by registered or certified mail in a post office letter box addressed (until another address is filed by the Company with the Trustee) to 0000 Xxxxxxxx XxxxxxPTC Therapeutics, Inc., 100 Xxxxxxxxx Xxxxx, Xxxxx Xxxxxxxxxx, X.X. 00000 (fax: (000, Xxxxxxx, Xxxxxxxxxx 00000 ) 000-0000); Attention: Secretary or to an agent of the Company designated as permitted by this IndentureChief Legal Officer. Any notice, direction, request or demand hereunder to or upon the Trustee shall be deemed to have been sufficiently given or made, for all purposes, if given or served by being deposited postage prepaid by registered or certified mail in a post office letter box addressed to the Corporate Trust Office, which office is, at the date as of which this Indenture is dated, located at 0000 0xx Xxxxxx, 0xx Xxxxx, XX-XX-X0XX, Xxxxxxx, XX 00000, Attention: Corporate Trust Department Office or transmitted by facsimile transmission (Xcyte Therapies, Inc. % Convertible Subordinated Debenturesconfirmed by guaranteed overnight courier). The Trustee, by notice to the Company, may designate additional or different addresses for subsequent notices or communications. Any notice or communication mailed to a Debentureholder Holder shall be mailed to him, her or it by first class mail, postage prepaid, at his, her or its address as it appears on the Debenture register Note Register and shall be sufficiently given to him, her or it if so mailed within the time prescribed. Failure to mail a notice or communication to a Debentureholder Holder or any defect in it shall not affect its sufficiency with respect to other DebentureholdersHolders. If a notice or communication is mailed in the manner provided above, it is duly given, whether or not the addressee receives it. In case by reason of the suspension of regular mail service or by reason of any other cause it shall be impracticable to give such notice to Holders by mail, then such notification as shall be made with the approval of the Trustee shall constitute a sufficient notification for every purpose hereunder. Notwithstanding any other provision of this Indenture or any Note, where this Indenture or any Note provides for notice of any event (including any notice of redemption or repurchase) to a Holder of a Global Note (whether by mail or otherwise), such notice shall be sufficiently given if given to the Depositary (or its designee) pursuant to the standing instructions from the Depositary or its designee, including by electronic mail in accordance with the Depositary’s operational arrangements or other applicable Depositary requirements.
Appears in 1 contract
Samples: Indenture (PTC Therapeutics, Inc.)
Addresses for Notices, Etc. Any notice or demand which that by any provision of this Indenture is required or permitted to be given or served by the Trustee or by the holders of Debentures Holders on the Company shall be in writing (including facsimile and electronic mail in PDF format) and shall be deemed to have been sufficiently given or made, for all purposes if given or served by being deposited postage prepaid by registered or certified mail in a post office letter box addressed (until another address is filed by the Company with the Trustee) to 0000 Xxxxxxxx FXCM Inc., 00 Xxxxx Xxxxxx, Xxxxx 000XX 00, XxxxxxxXxx Xxxx, Xxxxxxxxxx 00000 Xxx Xxxx 00000, Attention: Secretary or to an agent of the Company designated as permitted by this IndentureGeneral Counsel. Any notice, direction, request or demand hereunder to or upon the Trustee shall be in writing (including facsimile and electronic mail in PDF format) and shall be deemed to have been sufficiently given or made, for all purposes, if given or served by being deposited postage prepaid by registered or certified mail in a post office letter box addressed to the Corporate Trust Office, which office is, at the date as of which this Indenture is dated, located at 0000 0xx Xxxxxx, 0xx Xxxxx, XX-XX-X0XX, Xxxxxxx, XX 00000, Attention: Corporate Trust Department (Xcyte Therapies, Inc. % Convertible Subordinated Debentures). The Trustee, by notice to the Company, may designate additional or different addresses for subsequent notices or communications. Any notice or communication mailed to a Debentureholder Holder shall be mailed to him, her or it by first class mail, postage prepaid, at his, her or its address as it appears on the Debenture register Note Register and shall be sufficiently given to him, her or it if so mailed within the time prescribed. Failure to mail a notice or communication to a Debentureholder Holder or any defect in it shall not affect its sufficiency with respect to other DebentureholdersHolders. If a notice or communication is mailed in the manner provided above, it is duly given, whether or not the addressee receives it. In case by reason of the suspension of regular mail service or by reason of any other cause it shall be impracticable to give such notice to Holders by mail, then such notification as shall be made with the approval of the Trustee shall constitute a sufficient notification for every purpose hereunder. In addition to the foregoing, the Trustee agrees to accept and act upon notice, instructions or directions pursuant to this Indenture sent by unsecured e-mail, facsimile transmission or other similar unsecured electronic methods. If the party 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 such instructions conflict or are inconsistent with a subsequent written instruction. The party providing electronic instructions 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 or interception and misuse by third parties.
Appears in 1 contract
Samples: Indenture (FXCM Inc.)
Addresses for Notices, Etc. Any notice or demand which by any provision of this Indenture is required or permitted to be given or served by the Trustee or by the holders of Debentures on the Company shall be deemed to have been sufficiently given or made, for all purposes if given or served by being deposited postage prepaid by registered or certified mail in a post office letter box addressed (until another address is filed by the Company with the Trustee) to 0000 Xxxxxxxx Alkermes, Inc., 64 Sxxxxx Xxxxxx, Xxxxx 000Cambridge, XxxxxxxMassachusetts 02139-4136, Xxxxxxxxxx 00000 Attention: Secretary or to an agent of the Company designated as permitted by this IndentureChief Financial Officer. Any notice, direction, request or demand hereunder to or upon the Trustee shall be deemed to have been sufficiently given or made, for all purposes, if given or served by being deposited postage prepaid by registered or certified mail in a post office letter box addressed to the Corporate Trust Office, which office is, at the date as of which this Indenture is dated, located at 0000 0xx Xxxxxx2 Inxxxxxxxxxxx Xxxxx, 0xx Xxxxx, XX-XX-X0XXXxxxxx, Xxxxxxx, XX Xxxxxxxxxxxxx 00000, AttentionXxtention: Corporate Trust Department Division (Xcyte TherapiesAlkermes, Inc. 6 1/2% Convertible Subordinated Debentures). The Trustee, by notice to the Company, may designate additional or different addresses for subsequent notices or communications. Any notice or communication mailed to a Debentureholder shall be mailed to him, her or it him by first class mail, postage prepaid, at his, her or its his address as it appears on the Debenture register and shall be sufficiently given to him, her or it him if so mailed within the time prescribed. Failure to mail a notice or communication to a Debentureholder or any defect in it shall not affect its sufficiency with respect to other Debentureholders. If a notice or communication is mailed in the manner provided above, it is duly given, whether or not the addressee receives it.
Appears in 1 contract
Samples: Indenture (Alkermes Inc)
Addresses for Notices, Etc. Any notice or demand which that by any provision of this Indenture is required or permitted to be given or served by the Trustee or by the holders of Debentures Holders on the Company shall be deemed to have been sufficiently given or made, for all purposes if given or served by being deposited postage prepaid by registered or certified mail in a post office letter box addressed (until another address is filed by the Company with the Trustee) to 0000 Xxxxxxxx XxxxxxThe Medicines Company, Xxxxx 0008 Xxxxxx Xxx, XxxxxxxXxxxxxxxxx, Xxxxxxxxxx 00000 Xxx Xxxxxx 00000, Attention: Secretary General Counsel or to an agent of the Company designated as permitted transmitted by this Indenturefacsimile transmission (confirmed by guaranteed overnight courier). Any notice, direction, request or demand hereunder to or upon the Trustee shall be deemed to have been sufficiently given or made, for all purposes, if given or served by being deposited postage prepaid by registered or certified mail in a post office letter box addressed to the Corporate Trust Office, which office is, at the date as of which this Indenture is dated, located at 0000 0xx Xxxxxx, 0xx Xxxxx, XX-XX-X0XX, Xxxxxxx, XX 00000, Attention: Corporate Trust Department Office or transmitted by facsimile transmission (Xcyte Therapies, Inc. % Convertible Subordinated Debenturesconfirmed by guaranteed overnight courier). The Trustee, by notice to the Company, may designate additional or different addresses for subsequent notices or communications. Any notice or communication mailed to a Debentureholder Holder shall be mailed to him, her or it by first class mail, postage prepaid, at his, her or its address as it appears on the Debenture register Note Register and shall be sufficiently given to him, her or it if so mailed within the time prescribed. Failure to mail a notice or communication to a Debentureholder Holder or any defect in it shall not affect its sufficiency with respect to other DebentureholdersHolders. If a notice or communication is mailed in the manner provided above, it is duly given, whether or not the addressee receives it. In case by reason of the suspension of regular mail service or by reason of any other cause it shall be impracticable to give such notice to Holders by mail, then such notification as shall be made with the approval of the Trustee shall constitute a sufficient notification for every purpose hereunder. Notwithstanding any other provision of this Indenture or any Note, where this Indenture or any Note provides for notice of any event (including any notice of redemption or repurchase) to a Holder of a Global Note (whether by mail or otherwise), such notice shall be sufficiently given if given to the Depositary (or its designee) pursuant to the standing instructions from the Depositary or its designee, including by electronic mail in accordance with the Depositary’s operational arrangements or other applicable Depositary requirements.
Appears in 1 contract
Samples: Indenture (Medicines Co /De)
Addresses for Notices, Etc. Any notice or demand which that by any provision of this Indenture is required or permitted to be given or served by the Trustee or by the holders of Debentures Holders on the Company shall be deemed to have been sufficiently given or made, for all purposes if given or served by being deposited postage prepaid by registered or certified mail in a post office letter box addressed (until another address is filed by the Company with the Trustee) to Tricida, Inc., 0000 Xxxxxxxx XxxxxxXxxxxxxxx Xxxxx, Xxxxx 000, XxxxxxxXxxxx Xxx Xxxxxxxxx, Xxxxxxxxxx 00000 XX 00000, Attention: Secretary or to an agent of the Company designated as permitted by this IndentureChief Financial Officer. Any notice, direction, request or demand hereunder to or upon the Trustee by any Holder or by the Company shall be deemed to have been sufficiently given or sufficient for every purpose hereunder if made, for all purposesgiven, if given furnished or served filed in writing and delivered in person or by being deposited postage prepaid by first-class mail (registered or certified certified, return receipt requested), facsimile transmission (confirmed by delivery in Person or by first-class mail in a post office letter box addressed to (registered or certified, return receipt requested)) or guaranteed overnight courier at the Corporate Trust Office, which office is, with a copy to the Trustee at the date as of which this Indenture is dated, located at 0000 0xx 000 Xxxxxx Xxxxxx, 0xx Xxxxx, XX-XX-X0XX, XxxxxxxXxxxxxxxxx, XX 00000, Attention: Corporate Xxxxxx Xxxxxx, Vice President and Trust Department (Xcyte TherapiesOfficer, Inc. % Convertible Subordinated Debentures)or such other means reasonably acceptable to the Trustee. The Trustee, by notice to the Company, may designate additional or different addresses for subsequent notices or communications. Any notice or communication mailed delivered or to be delivered to a Debentureholder Holder of Physical Notes shall be mailed sent to him, her or it by first class mail, postage prepaid, each Holder at his, her or its address as it appears on the Debenture register Note Register and shall be sufficiently given to him, her or it if so mailed sent within the time prescribed. Any notice or communication delivered or to be delivered to a Holder of Global Notes shall be delivered in accordance with the applicable procedures of the Depositary and shall be sufficiently given to it if so delivered within the time prescribed. Failure to mail or deliver a notice or communication to a Debentureholder Holder or any defect in it shall not affect its sufficiency with respect to other DebentureholdersHolders. If a notice or communication is mailed sent or delivered, as the case may be, in the manner provided above, it is duly given, whether or not the addressee receives it.
Appears in 1 contract
Samples: Indenture (Tricida, Inc.)