Addresses for Notices, Etc. Any notice or demand that by any provision of this Indenture as required or permitted to be given or served by the Trustee or by the 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 Nevro Corp., 0000 Xxxxxx Xxxxxxx, Xxxxxxx Xxxx, XX 00000, Attention: Xxxxxx Xxxxxxxx, cc: Xxxx Xxxx, General Counsel, with a copy, which shall not constitute notice, to Xxxxxx & Xxxxxxx LLP, 000 Xxxxx Xxxxx, Menlo Park, CA 94025 (fax: (000) 000-0000), Attention: Xxxxx Xxxxx and 000 Xxxxx Xxxxxx Xxx Xxxx, XX 00000 (fax: (000) 000-0000) Attention: Xxxx Xxxxxxx. 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 or sent electronically in PDF or any other widely used electronic format. The Trustee will not be deemed to have any knowledge of the contents of any notice not actually received by it. The Trustee and the Company, by notice to the other, may designate additional or different addresses for subsequent notices or communications. The Trustee agrees to accept and act upon instructions or directions pursuant to this Indenture sent by unsecured e-mail, PDF, facsimile transmission or other similar unsecured electronic methods, provided, however, that the Trustee shall have received an incumbency certificate listing persons designated to give such instructions or directions and containing specimen signatures of such designated persons, which such incumbency certificate shall be amended and replaced whenever a person is to be added or deleted from the listing. If the Company elects to give the Trustee e-mail or facsimile instructions (or instructions by a similar electronic method) and the Trustee in its discretion elects to act upon such instructions, the Trustee’s understanding of such instructions shall be deemed controlling. The Trustee shall not be liable for any losses, costs or expenses arising directly or indirectly from the Trustee’s reliance upon and compliance with such instructions notwithstanding such instructions conflict or are inconsistent with a subsequent written instruction. The Company agrees to assume all risks arising out of the use of such electronic methods to submit instructions and directions to the Trustee, including without limitation the risk of the Trustee acting on unauthorized instructions, and the risk or interception and misuse by third parties. Any notice or communication mailed to a Holder shall be mailed to it by first class mail, postage prepaid, at its address as it appears on the Note Register and shall be sufficiently given to 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, notwithstanding anything herein to the contrary. Failure to send a notice or communication to a Holder or any defect in it shall not affect its sufficiency with respect to other Holders. If a notice or communication is 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. Notwithstanding anything to the contrary in this Indenture or the Notes, whenever any provision of this Indenture requires a party to send notice to another party, no such notice need be sent if the sending party and the recipient are the same person acting in different capacities.
Appears in 1 contract
Addresses for Notices, Etc. Any notice or demand that by any provision of this Indenture as required or permitted to be given or served by the Trustee or by the 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 Nevro Corp., 0000 1000 Xxxxxx Xxxxxxx, Xxxxxxx Xxxx, XX 00000, Attention: Xxxxxx Axxxxx Xxxxxxxx, cc: Xxxx Mxxx Xxxx, General Counsel, with a copy, which shall not constitute notice, to Xxxxxx Lxxxxx & Xxxxxxx Wxxxxxx LLP, 000 100 Xxxxx Xxxxx, Menlo Park, CA 94025 (fax: (000) 000-0000), Attention: Xxxxx Bxxxx Xxxxx and 000 800 Xxxxx Xxxxxx Xxx Xxxx, XX 00000 (fax: (000) 000-0000) Attention: Xxxx Gxxx Xxxxxxx. 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 or sent electronically in PDF or any other widely used electronic format. The Trustee will not be deemed to have any knowledge of the contents of any notice not actually received by it. The Trustee and the Company, by notice to the other, may designate additional or different addresses for subsequent notices or communications. The Trustee agrees to accept and act upon instructions or directions pursuant to this Indenture sent by unsecured e-mail, PDF, facsimile transmission or other similar unsecured electronic methods, provided, however, that the Trustee shall have received an incumbency certificate listing persons designated to give such instructions or directions and containing specimen signatures of such designated persons, which such incumbency certificate shall be amended and replaced whenever a person is to be added or deleted from the listing. If the Company elects to give the Trustee e-mail or facsimile instructions (or instructions by a similar electronic method) and the Trustee in its discretion elects to act upon such instructions, the Trustee’s understanding of such instructions shall be deemed controlling. The Trustee shall not be liable for any losses, costs or expenses arising directly or indirectly from the Trustee’s reliance upon and compliance with such instructions notwithstanding such instructions conflict or are inconsistent with a subsequent written instruction. The Company agrees to assume all risks arising out of the use of such electronic methods to submit instructions and directions to the Trustee, including without limitation the risk of the Trustee acting on unauthorized instructions, and the risk or interception and misuse by third parties. Any notice or communication mailed to a Holder shall be mailed to it by first class mail, postage prepaid, at its address as it appears on the Note Register and shall be sufficiently given to 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, notwithstanding anything herein to the contrary. Failure to send a notice or communication to a Holder or any defect in it shall not affect its sufficiency with respect to other Holders. If a notice or communication is 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. Notwithstanding anything to the contrary in this Indenture or the Notes, whenever any provision of this Indenture requires a party to send notice to another party, no such notice need be sent if the sending party and the recipient are the same person acting in different capacities.
Appears in 1 contract
Addresses for Notices, Etc. Any notice or demand that by any provision of this Indenture as is required or permitted to be given or served by the Trustee or by the Holders on the Company or the 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 Nevro Corp.Encore Capital Group, Inc., 0000 Xxxxxx XxxxxxxXxx Xxx Xxxxx, Xxxxxxx XxxxXxxxx 000, XX Xxx Xxxxx, Xxxxxxxxxx 00000, Attention: Xxxxxx Xxxxxxxx, cc: Xxxx Xxxx, General Counsel, with a copy, which shall not constitute notice, to Xxxxxx & Xxxxxxx LLP, 000 Xxxxx Xxxxx, Menlo Park, CA 94025 (fax: (000) 000-0000), Attention: Xxxxx Xxxxx and 000 Xxxxx Xxxxxx Xxx Xxxx, XX 00000 (fax: (000) 000-0000) Attention: Xxxx Xxxxxxx. 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 or sent electronically in PDF or any other widely used electronic format. The All notices to the Trustee will not in its capacity as Trustee, Paying Agent or Conversion Agent under this Agreement shall be deemed mailed, first class, postage prepaid, personally delivered or sent via facsimile or electronic (email) transmission (with a portable document format or similar attachment) to have any knowledge the Trustee, MUFG Union Bank, N.A., 1251 Avenue of the contents of any notice not actually received by itXxxxxxxx, 00xx Xxxxx, Xxx Xxxx, Xxx Xxxx 00000, Attention: Corporate Trust Administration, Fax 000-000-0000; Email: XxxxxxxXxxxxxxxxxxxxx-XxxxxxxxxXxxxx@xxxxxxxxx.xxx and XXXX0@xxxxxxxxx.xxx. The Trustee and the CompanyTrustee, by notice to the otherCompany, may designate additional or different addresses or delivery methods for subsequent notices or communications. The Trustee agrees to accept and act upon instructions or directions pursuant to this Indenture sent by unsecured e-mail, PDF, facsimile transmission or other similar unsecured electronic methods, provided, however, that the Trustee shall have received an incumbency certificate listing persons designated to give such instructions or directions and containing specimen signatures of such designated persons, which such incumbency certificate shall be amended and replaced whenever a person is to be added or deleted from the listing. If the Company elects to give the Trustee e-mail or facsimile instructions (or instructions by a similar electronic method) and the Trustee in its discretion elects to act upon such instructions, the Trustee’s understanding of such instructions shall be deemed controlling. The Trustee shall not be liable for any losses, costs or expenses arising directly or indirectly from the Trustee’s reliance upon and compliance with such instructions notwithstanding such instructions conflict or are inconsistent with a subsequent written instruction. The Company agrees to assume all risks arising out of the use of such electronic methods to submit instructions and directions to the Trustee, including without limitation the risk of the Trustee acting on unauthorized instructions, and the risk or interception and misuse by third parties. Any notice or communication mailed to a Holder shall be mailed to it by first class mail, postage prepaid, at its address as it appears on the Note Register and shall be sufficiently given to it if so mailed within the time prescribed; provided that notices given to Holders of any Global Notes Note may be given through the facilities of the Depositary, notwithstanding anything herein Depositary therefor (and notice provided in such manner will be deemed to be “written” notice and to satisfy any requirement in this Indenture or the Notes to “mail” notice to the contraryapplicable Holder). Failure to send mail a notice or communication to a Holder or any defect in it shall not affect its sufficiency with respect to other Holders. If a notice or communication is sent 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 anything to the contrary in this Indenture or the Notes, whenever any provision of this Indenture requires a party to send notice to another party, no such notice need be sent if the sending party and the recipient are the same person acting in different capacities.
Appears in 1 contract
Samples: Encore Capital Group Inc
Addresses for Notices, Etc. Any notice or demand that which by any provision of this Indenture as is required or permitted to be given or served by the Trustee or by the Holders of Notes on the Company Issuer or Guarantor 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 Nevro Corp.as follows: To Issuer: Essex Portfolio, 0000 L.P. 900 Xxxx Xxxxxx Xxxxxxx, Xxxxxxx Xxxx, XX 00000, Attention: Xxxxxx Xxxxxxxx, cc: Xxxxx Xxxx Xxxx, General Counsel, with a copy, which shall not constitute notice, to Xxxxxx & Xxxxxxx LLP, 000 Xxxxx Xxxxx, Menlo Park, CA 94025 (faxXxxxxxxxxx 00000 Fax: (000) 000-0000), 0000 Attention: Mxxxxxx Dance, Chief Financial Officer To Guarantor: Essex Property Trust, Inc. 900 Xxxx Xxxxxx Xxxxx Xxxxx and 000 Xxxxx Xxxxxx Xxx Xxxx Xxxx, XX Xxxxxxxxxx 00000 (faxFax: (000) 000-0000) 0000 Attention: Xxxx Xxxxxxx. Mxxxxxx Dance, Chief 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 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: U.S. Bank National Association Global Corporate Trust Office or sent electronically in PDF or any other widely used electronic format. Services Oxx Xxxxxxxxxx Xxxxxx, Xxxxx 0000 00 Xxx Xxxxxxxxx, Xxxxxxxxxx 00000 Fax: (000) 000-0000 Attention: Axxxxx Xxxx (Essex Portfolio) The Trustee will not be deemed to have any knowledge of the contents of any notice not actually received by it. The Trustee and the CompanyTrustee, by notice to the otherIssuer, may designate additional or different addresses for subsequent notices or communications. The Trustee agrees to accept and act upon instructions or directions pursuant to this Indenture sent by unsecured e-mail, PDF, facsimile transmission or other similar unsecured electronic methods, provided, however, that the Trustee shall have received an incumbency certificate listing persons designated to give such instructions or directions and containing specimen signatures of such designated persons, which such incumbency certificate shall be amended and replaced whenever a person is to be added or deleted from the listing. If the Company elects to give the Trustee e-mail or facsimile instructions (or instructions by a similar electronic method) and the Trustee in its discretion elects to act upon such instructions, the Trustee’s understanding of such instructions shall be deemed controlling. The Trustee shall not be liable for any losses, costs or expenses arising directly or indirectly from the Trustee’s reliance upon and compliance with such instructions notwithstanding such instructions conflict or are inconsistent with a subsequent written instruction. The Company agrees to assume all risks arising out of the use of such electronic methods to submit instructions and directions to the Trustee, including without limitation the risk of the Trustee acting on unauthorized instructions, and the risk or interception and misuse by third parties. Any notice or communication mailed to a Holder Noteholder shall be mailed to it by first class mail, postage prepaid, at its such Noteholder’s address as it appears on the Note Register and shall be sufficiently given to it such Noteholder 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, notwithstanding anything herein to the contrary. Failure to send mail a notice or communication to a Holder Noteholder or any defect in it shall not affect its sufficiency with respect to other HoldersNoteholders. If a notice or communication is sent 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 anything to the contrary in this Indenture or the Notes, whenever any provision of this Indenture requires a party to send notice to another party, no such notice need be sent if the sending party and the recipient are the same person acting in different capacities.
Appears in 1 contract
Samples: Indenture (Essex Portfolio Lp)
Addresses for Notices, Etc. Any notice or demand that which by --------------------------- any provision of this Indenture as is required or permitted to be given or served by the Trustee or by the Holders holders of Securities 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 Nevro Corp.System Software Associates, 0000 Xxxxxx Inc., 000 Xxxx Xxxxxxx Xxxxxx, 00xx Xxxxx, Xxxxxxx, Xxxxxxx Xxxx, XX Xxxxxxxx 00000, AttentionAttn: Xxxxxx Xxxxxxxx, cc: Xxxx Xxxx, General Counsel, with a copy, which shall not constitute notice, to Xxxxxx & Xxxxxxx LLP, 000 Xxxxx Xxxxx, Menlo Park, CA 94025 (fax: (000) 000-0000), Attention: Xxxxx Xxxxx and 000 Xxxxx Xxxxxx Xxx Xxxx, XX 00000 (fax: (000) 000-0000) Attention: Xxxx XxxxxxxChief 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 or sent electronically in PDF or any other widely used electronic formatOffice, which office is, at the date as of which this Indenture is dated, located at 000 Xxxx Xxxxxx Xxxxxx, 00xx Xxxxx, Xxxxxxx, Xxxxxxxx 00000, Attn.: Indenture Trust Department. The Trustee will not be deemed to have any knowledge of the contents of any notice not actually received by it. The Trustee and the CompanyTrustee, by notice to the otherCompany, may designate additional or different addresses for subsequent notices or communications. The Trustee agrees to accept and act upon instructions or directions pursuant to this Indenture sent by unsecured e-mail, PDF, facsimile transmission or other similar unsecured electronic methods, provided, however, that the Trustee shall have received an incumbency certificate listing persons designated to give such instructions or directions and containing specimen signatures of such designated persons, which such incumbency certificate shall be amended and replaced whenever a person is to be added or deleted from the listing. If the Company elects to give the Trustee e-mail or facsimile instructions (or instructions by a similar electronic method) and the Trustee in its discretion elects to act upon such instructions, the Trustee’s understanding of such instructions shall be deemed controlling. The Trustee shall not be liable for any losses, costs or expenses arising directly or indirectly from the Trustee’s reliance upon and compliance with such instructions notwithstanding such instructions conflict or are inconsistent with a subsequent written instruction. The Company agrees to assume all risks arising out of the use of such electronic methods to submit instructions and directions to the Trustee, including without limitation the risk of the Trustee acting on unauthorized instructions, and the risk or interception and misuse by third parties. Any notice or communication mailed to a Holder Securityholder shall be mailed to it him by first class mail, postage prepaid, at its his address as it appears on the Note Register Security register and shall be sufficiently given to it him 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, notwithstanding anything herein to the contrary. Failure to send mail a notice or communication to a Holder Securityholder or any defect in it shall not affect its sufficiency with respect to other HoldersSecurityholders. If a notice or communication is sent 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 anything to the contrary in this Indenture or the Notes, whenever any provision of this Indenture requires a party to send notice to another party, no such notice need be sent if the sending party and the recipient are the same person acting in different capacities.
Appears in 1 contract
Addresses for Notices, Etc. Any notice notice, request or demand that by any provision of this Indenture as Agreement is required or permitted to be given or served by the Trustee Representative or by the 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 Nevro Corp.Cyxtera Cybersecurity, Inc. d/b/a Appgate, 0000 Xxxxxx XxxxxxxXxxxx Xx Xxxx Blvd., Xxxxxxx XxxxSuite 900, XX 00000Coral Gables, Florida 33134; Attention: Xxxxxx Xxxxxxxx, cc: Xxxx Xxxx, General Counsel, Chief Financial Officer with a copy, copy (which shall not constitute notice) to Cyxtera Cybersecurity, to Xxxxxx & Xxxxxxx LLPInc. d/b/a Appgate, 000 0000 Xxxxx XxxxxXx Xxxx Blvd., Menlo ParkSuite 900, CA 94025 (fax: (000) 000-0000)Coral Gables, Florida 33134; Attention: Xxxxx Xxxxx and 000 Xxxxx Xxxxxx Xxx Xxxx, XX 00000 (fax: (000) 000-0000) Attention: Xxxx XxxxxxxGeneral 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 Office or sent electronically in PDF or any other widely used electronic formatc/o Magnetar Financial LLC, 0000 Xxxxxxxxx Xxxxxx, 00xx Xxxxx, Xxxxxxxx, Xxxxxxxx 00000. The Trustee will not be deemed to have any knowledge of the contents of any notice not actually received by it. The Trustee and the CompanyRepresentative, by notice to the otherCompany, may designate additional or different addresses for subsequent notices or communications. The Trustee agrees to accept and act upon instructions or directions pursuant to this Indenture sent by unsecured e-mail, PDF, facsimile transmission or other similar unsecured electronic methods, provided, however, that the Trustee shall have received an incumbency certificate listing persons designated to give such instructions or directions and containing specimen signatures of such designated persons, which such incumbency certificate shall be amended and replaced whenever a person is to be added or deleted from the listing. If the Company elects to give the Trustee e-mail or facsimile instructions (or instructions by a similar electronic method) and the Trustee in its discretion elects to act upon such instructions, the Trustee’s understanding of such instructions shall be deemed controlling. The Trustee shall not be liable for any losses, costs or expenses arising directly or indirectly from the Trustee’s reliance upon and compliance with such instructions notwithstanding such instructions conflict or are inconsistent with a subsequent written instruction. The Company agrees to assume all risks arising out of the use of such electronic methods to submit instructions and directions to the Trustee, including without limitation the risk of the Trustee acting on unauthorized instructions, and the risk or interception and misuse by third parties. Any notice or communication mailed delivered or to be delivered to a Holder of Physical Notes shall be mailed to it by first class mail, postage prepaid, at its address as it appears on the Note Register and shall be sufficiently given to it if so mailed sent within the time prescribed; provided that notices given to Holders of Global Notes may be given through the facilities of the Depositary, notwithstanding anything herein to the contrary. Failure to send a notice or communication to a Holder or any defect in it shall not affect its sufficiency with respect to other Holders. If a notice or communication is 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 mailas provided above, then such notification as shall be made with the approval of the Trustee Representative shall constitute a sufficient notification for every purpose hereunder. Notwithstanding anything If it is impossible or, in the opinion of the Representative, impracticable to give any notice by publication in the contrary manner herein required, then such publication in this Indenture or lieu thereof as shall be made with the Notes, whenever any provision approval of this Indenture requires the Representative shall constitute a party to send notice to another party, no sufficient publication of such notice need be sent if the sending party and the recipient are the same person acting in different capacitiesnotice.
Appears in 1 contract
Addresses for Notices, Etc. Any notice or demand that which by any provision of this Indenture as is required or permitted to be given or served by the Trustee or by the Holders of Notes on the Company Issuer or Guarantor 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 Nevro Corp.as follows: To Issuer: Essex Portfolio, 0000 L.P. 920 Xxxx Xxxxxx Xxxxxxx, Xxxxxxx Xxxx, XX 00000, Attention: Xxxxxx Xxxxxxxx, cc: Xxxxx Xxxx Xxxx, General Counsel, with a copy, which shall not constitute notice, to Xxxxxx & Xxxxxxx LLP, 000 Xxxxx Xxxxx, Menlo Park, CA 94025 (faxXxxxxxxxxx 00000 Fax: (000) 000-0000), 0000 Attention: Xxxxxxx Dance, Chief Financial Officer To Guarantor: Essex Property Trust, Inc. 920 Xxxx Xxxxxx Xxxxx Xxxxx and 000 Xxxxx Xxxxxx Xxx Xxxx Xxxx, XX Xxxxxxxxxx 00000 (faxFax: (000) 000-0000) 0000 Attention: Xxxx Xxxxxxx. Xxxxxxx Dance, Chief 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 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: U.S. Bank National Association Global Corporate Trust Office or sent electronically in PDF or any other widely used electronic format. Services Onx Xxxxxxxxxx Xxxxxx, Xxxxx 0000 Xxx Xxxxxxxxx, Xxxxxxxxxx 00000 Fax: (000) 000-0000 Attention: Xxxxxx Xxxx (Essex Portfolio) The Trustee will not be deemed to have any knowledge of the contents of any notice not actually received by it. The Trustee and the CompanyTrustee, by notice to the otherIssuer, may designate additional or different addresses for subsequent notices or communications. The Trustee agrees to accept and act upon instructions or directions pursuant to this Indenture sent by unsecured e-mail, PDF, facsimile transmission or other similar unsecured electronic methods, provided, however, that the Trustee shall have received an incumbency certificate listing persons designated to give such instructions or directions and containing specimen signatures of such designated persons, which such incumbency certificate shall be amended and replaced whenever a person is to be added or deleted from the listing. If the Company elects to give the Trustee e-mail or facsimile instructions (or instructions by a similar electronic method) and the Trustee in its discretion elects to act upon such instructions, the Trustee’s understanding of such instructions shall be deemed controlling. The Trustee shall not be liable for any losses, costs or expenses arising directly or indirectly from the Trustee’s reliance upon and compliance with such instructions notwithstanding such instructions conflict or are inconsistent with a subsequent written instruction. The Company agrees to assume all risks arising out of the use of such electronic methods to submit instructions and directions to the Trustee, including without limitation the risk of the Trustee acting on unauthorized instructions, and the risk or interception and misuse by third parties. Any notice or communication mailed to a Holder Noteholder shall be mailed to it by first class mail, postage prepaid, at its such Noteholder’s address as it appears on the Note Register and shall be sufficiently given to it such Noteholder 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, notwithstanding anything herein to the contrary. Failure to send mail a notice or communication to a Holder Noteholder or any defect in it shall not affect its sufficiency with respect to other HoldersNoteholders. If a notice or communication is sent 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 anything to the contrary in this Indenture or the Notes, whenever any provision of this Indenture requires a party to send notice to another party, no such notice need be sent if the sending party and the recipient are the same person acting in different capacities.
Appears in 1 contract
Samples: Indenture (Essex Portfolio Lp)
Addresses for Notices, Etc. Any notice or demand that by any provision of this Indenture as is required or permitted to be given or served by the Trustee or by the Holders on the Company shall be deemed to have been sufficiently given or made, for all purposes if given or served by being delivered in person, transmitted by facsimile, sent via electronic mail (with portable document format attached) or 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 Nevro Corp.to: Xxxxx Solar Limited No. 2 Xxxx Xx Road Electronics Park, 0000 Xxxxxx XxxxxxxNew District Changzhou, Xxxxxxx Xxxx, XX 00000, Jiangsu 213031 People’s Republic of China Attention: Xxxxxx XxxxxxxxXxx, ccChief Financial Officer E-mail: Xxxx Xxxx, General Counsel, with a copy, which shall not constitute notice, to Xxxxxx & Xxxxxxx LLP, 000 Xxxxx Xxxxx, Menlo Park, CA 94025 (faxxxxxxx.xxx@xxxxxxxxxx.xxx Facsimile: +00 (000) 0000000-0000), Attention: Xxxxx Xxxxx and 000 Xxxxx Xxxxxx Xxx Xxxx, XX 00000 (fax: (000) 000-0000) Attention: Xxxx Xxxxxxx. 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 in person, transmitted by being facsimile, sent via electronic mail (with portable document format attached) or deposited postage prepaid by registered or certified mail in a post office letter box addressed to the Corporate Trust Office with a copy to: Wilmington Trust, National Association, as Trustee 00 Xxxxx Xxxxx Xxxxxx, Xxxxx 0000 Xxxxxxxxxxx, Xxxxxxxxx 00000 Attention: Xxxxx Solar Facsimile: (000) 000-0000 All notices and other communications under this Indenture shall be in writing in English. So long as and to the extent that the Notes are represented by Global Notes and such Global Notes are held by the Depositary, notices to owners of beneficial interests in the Global Notes may be given by delivery of the relevant notice to the Depositary by facsimile or sent electronically in PDF or any other widely used electronic formatmail (with portable document format attached) for communication by it to entitled account holders. The Trustee will not be deemed to have any knowledge of the contents of any notice not actually received by it. The Trustee and the CompanyTrustee, by notice to the otherCompany, may designate additional or different addresses for subsequent notices or communications. The Trustee agrees to accept and act upon instructions or directions pursuant to this Indenture sent by unsecured e-mail, PDF, facsimile transmission or other similar unsecured electronic methods, provided, however, that the Trustee shall have received an incumbency certificate listing persons designated to give such instructions or directions and containing specimen signatures of such designated persons, which such incumbency certificate shall be amended and replaced whenever a person is to be added or deleted from the listing. If the Company elects to give the Trustee e-mail or facsimile instructions (or instructions by a similar electronic method) and the Trustee in its discretion elects to act upon such instructions, the Trustee’s understanding of such instructions shall be deemed controlling. The Trustee shall not be liable for any losses, costs or expenses arising directly or indirectly from the Trustee’s reliance upon and compliance with such instructions notwithstanding such instructions conflict or are inconsistent with a subsequent written instruction. The Company agrees to assume all risks arising out of the use of such electronic methods to submit instructions and directions to the Trustee, including without limitation the risk of the Trustee acting on unauthorized instructions, and the risk or interception and misuse by third parties. Any notice or communication mailed to a Holder shall be mailed to it by first class mail, postage prepaid, at its address as it appears on the Note Register and shall be sufficiently given to 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, notwithstanding anything herein to the contrary. Failure to send mail a notice or communication to a Holder or any defect in it shall not affect its sufficiency with respect to other Holders. If a notice or communication is sent 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 anything to the contrary in this Indenture or the Notes, whenever any provision of this Indenture requires a party to send notice to another party, no such notice need be sent if the sending party and the recipient are the same person acting in different capacities.
Appears in 1 contract
Samples: Indenture (Trina Solar LTD)
Addresses for Notices, Etc. Any notice or demand that which by any provision of this Indenture as is required or permitted to be given or served by the Trustee or by the Holders of Debentures on the Company Issuer or Guarantor 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 Nevro Corp.as follows: To Issuer: Digital Realty Trust, L.P. 000 Xxxxxxx Xxxxxx, Xxxxx 0000 Xxxxxx XxxxxxxXxx Xxxxxxxxx, Xxxxxxx Xxxx, XX 00000, Attention: Xxxxxx Xxxxxxxx, cc: Xxxx Xxxx, General Counsel, with a copy, which shall not constitute notice, to Xxxxxx & Xxxxxxx LLP, 000 Xxxxx Xxxxx, Menlo Park, CA 94025 (faxXxxxxxxxxx 00000 Telecopier No.: (000) 000-0000), 0000 Attention: General Counsel To Guarantor: Digital Realty Trust, Inc. 000 Xxxxxxx Xxxxxx, Xxxxx Xxxxx and 000 Xxxxx Xxxxxx 0000 Xxx XxxxXxxxxxxxx, XX Xxxxxxxxxx 00000 (faxTelecopier No.: (000) 000-0000) 0000 Attention: Xxxx Xxxxxxx. 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: Xxxxx Fargo Bank, National Association 000 Xxxxxxxx Xxxx., 00xx Xxxxx Xxx Xxxxxxx, XX 00000 Telecopier No.: (000) 000-0000 Attention: Corporate Trust Office or sent electronically in PDF or any other widely used electronic format. Services The Trustee will not be deemed to have any knowledge of the contents of any notice not actually received by it. The Trustee and the CompanyTrustee, by notice to the otherIssuer, may designate additional or different addresses for subsequent notices or communications. The Trustee agrees to accept and act upon instructions or directions pursuant to this Indenture sent by unsecured e-mail, PDF, facsimile transmission or other similar unsecured electronic methods, provided, however, that the Trustee shall have received an incumbency certificate listing persons designated to give such instructions or directions and containing specimen signatures of such designated persons, which such incumbency certificate shall be amended and replaced whenever a person is to be added or deleted from the listing. If the Company elects to give the Trustee e-mail or facsimile instructions (or instructions by a similar electronic method) and the Trustee in its discretion elects to act upon such instructions, the Trustee’s understanding of such instructions shall be deemed controlling. The Trustee shall not be liable for any losses, costs or expenses arising directly or indirectly from the Trustee’s reliance upon and compliance with such instructions notwithstanding such instructions conflict or are inconsistent with a subsequent written instruction. The Company agrees to assume all risks arising out of the use of such electronic methods to submit instructions and directions to the Trustee, including without limitation the risk of the Trustee acting on unauthorized instructions, and the risk or interception and misuse by third parties. Any notice or communication mailed to a Holder Debentureholder shall be mailed to it by first class mail, postage prepaid, at its such Debentureholder’s address as it appears on the Note Debenture Register and shall be sufficiently given to it such Debentureholder 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, notwithstanding anything herein to the contrary. Failure to send mail a notice or communication to a Holder Debentureholder or any defect in it shall not affect its sufficiency with respect to other HoldersDebentureholders. If a notice or communication is sent 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 anything to the contrary in this Indenture or the Notes, whenever any provision of this Indenture requires a party to send notice to another party, no such notice need be sent if the sending party and the recipient are the same person acting in different capacities.
Appears in 1 contract
Addresses for Notices, Etc. Any notice or demand that which by any provision of this Indenture as is required or permitted to be given or served by the Trustee or by the Holders of Notes on the Company Issuer or 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 Nevro Corp., 0000 Xxxxxx Xxxxxxx, Xxxxxxx Xxxx, XX 00000, Attention: Xxxxxx Xxxxxxxx, cc: Xxxx Xxxx, General Counsel, with a copy, which shall not constitute notice, to Xxxxxx & Xxxxxxx LLP, 000 Xxxxx Xxxxx, Menlo Park, CA 94025 (fax: (000) 000-0000), Attention: Xxxxx Xxxxx writing and 000 Xxxxx Xxxxxx Xxx Xxxx, XX 00000 (fax: (000) 000-0000) Attention: Xxxx Xxxxxxx. 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 box, or sent electronically by overnight courier, or hand delivered, or sent by telecopier transmission addressed as follows: To Issuer: Xxxxxx Realty, L.P. 00000 Xxxx Xxxxxxx Xxxxxxxxx, Xxxxx 000 Xxx Xxxxxxx, Xxxxxxxxxx 00000 Telecopier No.: (000) 000-0000 Attention: Chief Financial Officer To Guarantor: Xxxxxx Realty Corporation 00000 Xxxx Xxxxxxx Xxxxxxxxx, Xxxxx 000 Xxx Xxxxxxx, Xxxxxxxxxx 00000 Telecopier No.: (000) 000-0000 Attention: Chief Financial Officer Any notice, direction, request or demand hereunder to or upon the Trustee shall be in PDF or any other widely used electronic format. The Trustee will not writing and shall be deemed to have any knowledge of the contents of any notice not actually been sufficiently given or made, for all purposes, when received after being given or served by it. 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 000 Xxxx Xxxxx Xxxxxx, 00xx Xxxxx Xxx Xxxxxxx, Xxxxxxxxxx 00000 Attention: Corporate Trust Services (Xxxxxx Realty, L.P. 6.625% Senior Notes due 2020) Facsimile No.: (000) 000-0000 The Trustee and the CompanyTrustee, by notice to the otherIssuer, may designate additional or different addresses for subsequent notices or communications. The Trustee agrees to accept and act upon instructions or directions pursuant to this Indenture sent by unsecured e-mail, PDF, facsimile transmission or other similar unsecured electronic methods, provided, however, that the Trustee shall have received an incumbency certificate listing persons designated to give such instructions or directions and containing specimen signatures of such designated persons, which such incumbency certificate shall be amended and replaced whenever a person is to be added or deleted from the listing. If the Company elects to give the Trustee e-mail or facsimile instructions (or instructions by a similar electronic method) and the Trustee in its discretion elects to act upon such instructions, the Trustee’s understanding of such instructions shall be deemed controlling. The Trustee shall not be liable for any losses, costs or expenses arising directly or indirectly from the Trustee’s reliance upon and compliance with such instructions notwithstanding such instructions conflict or are inconsistent with a subsequent written instruction. The Company agrees to assume all risks arising out of the use of such electronic methods to submit instructions and directions to the Trustee, including without limitation the risk of the Trustee acting on unauthorized instructions, and the risk or interception and misuse by third parties. Any notice or communication mailed to a Holder Noteholder shall be mailed to it by first class mail, postage prepaid, at its such Noteholder’s address as it appears on the Note Register and shall be sufficiently given to it such Noteholder if so mailed within the time prescribed; provided that notices given or communications made to Holders of Global Notes a beneficial holder may be given through the facilities of the Depositary in accordance with the Depositary, notwithstanding anything herein to the contrary’s customary procedures. Failure to send mail a notice or communication to a Holder Noteholder or any defect in it shall not affect its sufficiency with respect to other HoldersNoteholders. If a notice or communication is sent mailed or given 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 anything to the contrary in this Indenture or the Notes, whenever any provision of this Indenture requires a party to send notice to another party, no such notice need be sent if the sending party and the recipient are the same person acting in different capacities.
Appears in 1 contract
Samples: Indenture (Kilroy Realty Corp)
Addresses for Notices, Etc. Any notice notice, request or demand that by any provision of this Indenture as Agreement is required or permitted to be given or served by the Trustee Representative or by the 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, or if by electronic mail, at such time as it is delivered to the addressee, addressed (until another address is filed by the Company with the TrusteeRepresentative) to Nevro Corp.Appgate Cybersecurity, 0000 Xxxxxx XxxxxxxInc., 0 Xxxxxxxx Xxxxx, Xxxxx XX-0-X, Xxxxx Xxxxxx, Xxxxxxx Xxxx, XX 00000, ; Attention: Xxxxxx Xxxxxxxx, ccChief Financial Officer; Email: Xxxx Xxxx, General Counsel, [intentionally omitted] with a copy, copy (which shall not constitute notice) to Appgate Cybersecurity, to Xxxxxx & Xxxxxxx LLPInc., 000 Xxxxx 0 Xxxxxxxx Xxxxx, Menlo ParkXxxxx XX-0-X, CA 94025 (fax: (000) 000-0000)Xxxxx Xxxxxx, Xxxxxxx 00000; Attention: Xxxxx Xxxxx and 000 Xxxxx Xxxxxx Xxx Xxxx, XX 00000 (faxGeneral Counsel; Email: (000) 000-0000) Attention: Xxxx Xxxxxxx[intentionally omitted]. Any notice, direction, request or demand hereunder to or upon the Trustee Representative or the Collateral Agent 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 addressed or reputable overnight courier, postage prepaid, or if by electronic mail, at such time as it is delivered to the Corporate Trust Office addressee, addressed (until another address is filed by the Representative or sent electronically in PDF or any other widely used electronic formatthe Collateral Agent, as applicable, with the Company) to 0 Xxxxxxxx Xxxxx XXX XX-0-X, Xxxxx Xxxxxx, XX 00000, Attn: Xxxxxx X. Xxxxxx ([intentionally omitted]), Xxxx Xxxxxxx ([intentionally omitted]). The Trustee will not be deemed to have any knowledge of the contents of any notice not actually received by it. The Trustee and the CompanyRepresentative, by notice to the otherCompany and the Collateral Agent, may designate additional or different addresses for subsequent notices or communications. The Trustee agrees Company, by notice to accept and act upon instructions or directions pursuant to this Indenture sent by unsecured e-mail, PDF, facsimile transmission or other similar unsecured electronic methods, provided, however, that the Trustee shall have received an incumbency certificate listing persons designated to give such instructions or directions and containing specimen signatures of such designated persons, which such incumbency certificate shall be amended and replaced whenever a person is to be added or deleted from the listing. If the Company elects to give the Trustee e-mail or facsimile instructions (or instructions by a similar electronic method) Representative and the Trustee in its discretion elects to act upon such instructionsCollateral Agent, the Trustee’s understanding of such instructions shall be deemed controllingmay designate additional or different addresses for subsequent notices or communications. The Trustee shall not be liable for any lossesCollateral Agent, 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 such electronic methods to submit instructions and directions by notice to the Trustee, including without limitation the risk of the Trustee acting on unauthorized instructions, Representative and the risk Company, may designate additional or interception and misuse by third parties. Any notice different addresses for subsequent notices or communication mailed to a Holder shall be mailed to it by first class mail, postage prepaid, at its address as it appears on the Note Register and shall be sufficiently given to 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, notwithstanding anything herein to the contrary. Failure to send a notice or communication to a Holder or any defect in it shall not affect its sufficiency with respect to other Holders. If a notice or communication is 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. Notwithstanding anything to the contrary in this Indenture or the Notes, whenever any provision of this Indenture requires a party to send notice to another party, no such notice need be sent if the sending party and the recipient are the same person acting in different capacitiescommunications.
Appears in 1 contract
Addresses for Notices, Etc. Any notice or demand that which by any provision of this Indenture as is required or permitted to be given or served by the Trustee or by the Holders of 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 deposited, postage prepaid prepaid, with an overnight courier or by registered or certified mail in a post office letter box addressed (until another address is filed by the Company with the Trustee) to Nevro Corp.SpectraSite Holdings, 0000 Inc., 000 Xxxxxxx Xxxxxx XxxxxxxXxxxx, Xxxxxxx Xxxxx 000, Xxxx, XX Xxxxx Xxxxxxxx 00000, Attention: Xxxxxx Xxxxxxxx, cc: Xxxx Xxxx, General Counsel, with a copy, which shall not constitute notice, to Xxxxxx & Xxxxxxx LLP, 000 Xxxxx Xxxxx, Menlo Park, CA 94025 (fax: (000) 000-0000), Attention: Xxxxx Xxxxx and 000 Xxxxx Xxxxxx Xxx Xxxx, XX 00000 (fax: (000) 000-0000) Attention: Xxxx XxxxxxxTreasurer. Any notice, direction, request or demand hereunder to or upon the Trustee shall be deemed to have been sufficiently given or madeonly when received and, for all purposes, if given may be deposited, postage prepaid, with an overnight courier or served by being deposited postage prepaid by registered or certified mail in a post office letter box addressed to the Corporate Trust Office or sent electronically in PDF or any other widely used electronic formatOffice, which office is, at the date as of which this Indenture is dated, located at 000 Xxxx 00xx Xxxxxx, 00xx Xxxxx, Xxx Xxxx, Xxx Xxxx 00000-0000, Attention: Corporate Trust Administration (SpectraSite Holdings, Inc., 6 3/4% Senior Convertible Notes due 2010). The Trustee will not be deemed to have any knowledge of the contents of any notice not actually received by it. The Trustee and the CompanyTrustee, by notice to the otherCompany, may designate additional or different addresses for subsequent notices or communications. The Trustee agrees to accept and act upon instructions or directions pursuant to this Indenture sent by unsecured e-mail, PDF, facsimile transmission or other similar unsecured electronic methods, provided, however, that the Trustee shall have received an incumbency certificate listing persons designated to give such instructions or directions and containing specimen signatures of such designated persons, which such incumbency certificate shall be amended and replaced whenever a person is to be added or deleted from the listing. If the Company elects to give the Trustee e-mail or facsimile instructions (or instructions by a similar electronic method) and the Trustee in its discretion elects to act upon such instructions, the Trustee’s understanding of such instructions shall be deemed controlling. The Trustee shall not be liable for any losses, costs or expenses arising directly or indirectly from the Trustee’s reliance upon and compliance with such instructions notwithstanding such instructions conflict or are inconsistent with a subsequent written instruction. The Company agrees to assume all risks arising out of the use of such electronic methods to submit instructions and directions to the Trustee, including without limitation the risk of the Trustee acting on unauthorized instructions, and the risk or interception and misuse by third parties. Any notice or communication mailed to a Holder Noteholder shall be mailed to it him by first class mail, postage prepaid, at its his address as it appears on the Note Register and shall be sufficiently given to it him 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, notwithstanding anything herein to the contrary. Failure to send mail a notice or communication to a Holder Noteholder or any defect in it shall not affect its sufficiency with respect to other HoldersNoteholders. If a notice or communication is sent 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 anything to the contrary in this Indenture or the Notes, whenever any provision of this Indenture requires a party to send notice to another party, no such notice need be sent if the sending party and the recipient are the same person acting in different capacities.
Appears in 1 contract
Samples: Indenture (Spectrasite Holdings Inc)
Addresses for Notices, Etc. Any notice notice, request or demand that by any provision of this Indenture as Agreement is required or permitted to be given or served by the Trustee Representative or by the 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, or if by electronic mail, at such time as it is delivered to the addressee, addressed (until another address is filed by the Company with the TrusteeRepresentative) to Nevro Corp.Appgate Cybersecurity, 0000 Xxxxxx XxxxxxxInc., 0 Xxxxxxxx Xxxxx, Xxxxx XX-0-X, Xxxxx Xxxxxx, Xxxxxxx Xxxx, XX 00000, ; Attention: Xxxxxx Xxxxxxxx, ccChief Financial Officer; Email: Xxxx Xxxx, General Counsel, with a copy, copy (which shall not constitute notice) to Appgate Cybersecurity, to Xxxxxx & Xxxxxxx LLPInc., 000 Xxxxx 0 Xxxxxxxx Xxxxx, Menlo ParkXxxxx XX-0-X, CA 94025 (fax: (000) 000-0000)Xxxxx Xxxxxx, Xxxxxxx 00000; Attention: Xxxxx Xxxxx and 000 Xxxxx Xxxxxx Xxx Xxxx, XX 00000 (faxGeneral Counsel; Email: (000) 000-0000) Attention: Xxxx Xxxxxxx. 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 addressed or reputable overnight courier, postage prepaid, or if by electronic mail, at such time as it is delivered to the Corporate addressee, addressed (until another address is filed by the Representative with the Company) to c/o Magnetar Financial LLC, 0000 Xxxxxxxxx Xxxxxx, 00xx Xxxxx, Xxxxxxxx, Xxxxxxxx 00000; Email: . Any notice, direction, request or demand hereunder to or upon the Collateral Agent shall be deemed to have been sufficiently given or made, for all purposes, upon actual receipt addressed (until another address is filed by the Collateral Agent with the Company) to U.S. Bank Trust Office Company, National Association, 000 Xxxx Xxxxxx, Xxxxx 000, Xxx Xxxx, XX 00000, Attn: Xxxxx Xxxx, or sent electronically in PDF or any other widely used electronic format.pdf format to the Collateral Agent at . The Trustee will not be deemed to have any knowledge of the contents of any notice not actually received by it. The Trustee and the CompanyRepresentative, by notice to the otherCompany and the Collateral Agent, may designate additional or different addresses for subsequent notices or communications. The Trustee agrees Company, by notice to accept and act upon instructions or directions pursuant to this Indenture sent by unsecured e-mail, PDF, facsimile transmission or other similar unsecured electronic methods, provided, however, that the Trustee shall have received an incumbency certificate listing persons designated to give such instructions or directions and containing specimen signatures of such designated persons, which such incumbency certificate shall be amended and replaced whenever a person is to be added or deleted from the listing. If the Company elects to give the Trustee e-mail or facsimile instructions (or instructions by a similar electronic method) Representative and the Trustee in its discretion elects to act upon such instructionsCollateral Agent, the Trustee’s understanding of such instructions shall be deemed controllingmay designate additional or different addresses for subsequent notices or communications. The Trustee shall not be liable for any lossesCollateral Agent, 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 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. Any notice or communication mailed to a Holder shall be mailed to it by first class mail, postage prepaid, at its address as it appears on the Note Register and shall be sufficiently given to 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, notwithstanding anything herein to the contrary. Failure to send a notice or communication to a Holder or any defect in it shall not affect its sufficiency with respect to other Holders. If a notice or communication is 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. Notwithstanding anything to the contrary in this Indenture or the Notes, whenever any provision of this Indenture requires a party to send notice to another party, no such notice need be sent if the sending party and the recipient are the same person acting in different capacities.notice
Appears in 1 contract
Addresses for Notices, Etc. Any notice or demand that which by any provision of this Indenture as is required or permitted to be given or served by the Trustee or by the Holders of Notes on the Company Issuer or 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 Nevro Corp., 0000 Xxxxxx Xxxxxxx, Xxxxxxx Xxxx, XX 00000, Attention: Xxxxxx Xxxxxxxx, cc: Xxxx Xxxx, General Counsel, with a copy, which shall not constitute notice, to Xxxxxx & Xxxxxxx LLP, 000 Xxxxx Xxxxx, Menlo Park, CA 94025 (fax: (000) 000-0000), Attention: Xxxxx Xxxxx writing and 000 Xxxxx Xxxxxx Xxx Xxxx, XX 00000 (fax: (000) 000-0000) Attention: Xxxx Xxxxxxx. 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 box, or sent electronically by overnight courier, or hand delivered, or sent by telecopier transmission addressed as follows: To Issuer: Xxxxxx Realty, L.P. 00000 Xxxx Xxxxxxx Xxxxxxxxx, Xxxxx 000 Xxx Xxxxxxx, Xxxxxxxxxx 00000 Telecopier No.: (000) 000-0000 Attention: Chief Financial Officer To Guarantor: Xxxxxx Realty Corporation 00000 Xxxx Xxxxxxx Xxxxxxxxx, Xxxxx 000 Xxx Xxxxxxx, Xxxxxxxxxx 00000 Telecopier No.: (000) 000-0000 Attention: Chief Financial Officer Any notice, direction, request or demand hereunder to or upon the Trustee shall be in PDF or any other widely used electronic format. The Trustee will not writing and shall be deemed to have any knowledge of the contents of any notice not actually been sufficiently given or made, for all purposes, when received after being given or served by it. 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 000 Xxxx Xxxxx Xxxxxx, 00xx Xxxxx Xxx Xxxxxxx, Xxxxxxxxxx 00000 Attention: Corporate Trust Services (Xxxxxx Realty, L.P. [ ]% Senior Notes due [ ]) Facsimile No.: (000) 000-0000 The Trustee and the CompanyTrustee, by notice to the otherIssuer, may designate additional or different addresses for subsequent notices or communications. The Trustee agrees to accept and act upon instructions or directions pursuant to this Indenture sent by unsecured e-mail, PDF, facsimile transmission or other similar unsecured electronic methods, provided, however, that the Trustee shall have received an incumbency certificate listing persons designated to give such instructions or directions and containing specimen signatures of such designated persons, which such incumbency certificate shall be amended and replaced whenever a person is to be added or deleted from the listing. If the Company elects to give the Trustee e-mail or facsimile instructions (or instructions by a similar electronic method) and the Trustee in its discretion elects to act upon such instructions, the Trustee’s understanding of such instructions shall be deemed controlling. The Trustee shall not be liable for any losses, costs or expenses arising directly or indirectly from the Trustee’s reliance upon and compliance with such instructions notwithstanding such instructions conflict or are inconsistent with a subsequent written instruction. The Company agrees to assume all risks arising out of the use of such electronic methods to submit instructions and directions to the Trustee, including without limitation the risk of the Trustee acting on unauthorized instructions, and the risk or interception and misuse by third parties. Any notice or communication mailed to a Holder Noteholder shall be mailed to it by first class mail, postage prepaid, at its such Noteholder’s address as it appears on the Note Register and shall be sufficiently given to it such Noteholder if so mailed within the time prescribed; provided that notices given or communications made to Holders of Global Notes a beneficial holder may be given through the facilities of the Depositary in accordance with the Depositary, notwithstanding anything herein to the contrary’s customary procedures. Failure to send mail a notice or communication to a Holder Noteholder or any defect in it shall not affect its sufficiency with respect to other HoldersNoteholders. If a notice or communication is sent mailed or given 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 anything to the contrary in this Indenture or the Notes, whenever any provision of this Indenture requires a party to send notice to another party, no such notice need be sent if the sending party and the recipient are the same person acting in different capacities.
Appears in 1 contract
Samples: Indenture (Kilroy Realty, L.P.)
Addresses for Notices, Etc. Any notice or demand that which by any provision of this Indenture as is required or permitted to be given or served by the Trustee or by the Holders holders of 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 Nevro Corp.as follows: Luminent Mortgage Capital, Inc. 000 Xxxxxxxxxx Xxxxxx, Xxxx 0000 Xxxxxx XxxxxxxXxx Xxxxxxxxx, Xxxxxxx Xxxx, XX 00000, Xxxxxxxxxx 00000 Telecopier No.: 000-000-0000 Attention: Xxxxxx Xxxxxxxx, cc: Xxxx Xxxx, General Counsel, with a copy, which shall not constitute notice, to Xxxxxx & Xxxxxxx LLP, 000 Xxxxx Xxxxx, Menlo Park, CA 94025 (fax: (000) 000-0000), Attention: Xxxxx Xxxxx and 000 Xxxxx Xxxxxx Xxx Xxxx, XX 00000 (fax: (000) 000-0000) Attention: Xxxx Xxxxxxx. Chief 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 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: Xxxxx Fargo Bank, N.A., Sixth Street and Marquette Avenue, MAC N9311-110, Xxxxxxxxxxx, Xxxxxxxxx 00000, Telecopier No.: (000) 000-0000, Attention: Corporate Trust Office or sent electronically in PDF or any other widely used electronic formatServices, Luminent Mortgage Administrator. The Trustee will not be deemed to have any knowledge of the contents of any notice not actually received by it. The Trustee and the CompanyTrustee, by notice to the otherIssuer, may designate additional or different addresses for subsequent notices or communications. The Trustee agrees to accept and act upon instructions or directions pursuant to this Indenture sent by unsecured e-mail, PDF, facsimile transmission or other similar unsecured electronic methods, provided, however, that the Trustee shall have received an incumbency certificate listing persons designated to give such instructions or directions and containing specimen signatures of such designated persons, which such incumbency certificate shall be amended and replaced whenever a person is to be added or deleted from the listing. If the Company elects to give the Trustee e-mail or facsimile instructions (or instructions by a similar electronic method) and the Trustee in its discretion elects to act upon such instructions, the Trustee’s understanding of such instructions shall be deemed controlling. The Trustee shall not be liable for any losses, costs or expenses arising directly or indirectly from the Trustee’s reliance upon and compliance with such instructions notwithstanding such instructions conflict or are inconsistent with a subsequent written instruction. The Company agrees to assume all risks arising out of the use of such electronic methods to submit instructions and directions to the Trustee, including without limitation the risk of the Trustee acting on unauthorized instructions, and the risk or interception and misuse by third parties. Any notice or communication mailed to a Holder Noteholder shall be mailed to it by first class mail, postage prepaid, at its such Noteholder’s address as it appears on the Note Register and shall be sufficiently given to it such Noteholder 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, notwithstanding anything herein to the contrary. Failure to send mail a notice or communication to a Holder Noteholder or any defect in it shall not affect its sufficiency with respect to other HoldersNoteholders. If a notice or communication is sent 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 anything to the contrary in this Indenture or the Notes, whenever any provision of this Indenture requires a party to send notice to another party, no such notice need be sent if the sending party and the recipient are the same person acting in different capacities.
Appears in 1 contract
Addresses for Notices, Etc. Any notice or demand that by any provision of this Indenture as is required or permitted to be given or served by the Trustee or by the 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 Nevro Corp.Encore Capital Group, 0000 Inc., 000 Xxxxxx Xxxxxxxxx xx Xxxxx, Xxxxxxx XxxxXxxxx 000, XX Xxx Xxxxx, Xxxxxxxxxx 00000, Attention: Xxxxxx Xxxxxxxx, cc: Xxxx Xxxx, General Counsel, or sent electronically in PDF format. All notices to the Trustee in its capacity as Trustee, Paying Agent or Conversion Agent under this Agreement shall be mailed, first class, postage prepaid, personally delivered or sent via facsimile or electronic (email) transmission (with a copyportable document format or similar attachment) to the Trustee, which shall not constitute noticeTruist Bank, to Xxxxxx & 2713 Forest Hills Road, Building 2 - Floor 2, Wilson, North Carolina 27893, Attention: Encore Capital Group – Client Manager – Xxxxxxx LLPXxxxxxxx, 000 Xxxxx Xxxxx, Menlo Park, CA 94025 (faxFax: (000) 000-0000), Attention; Email: Xxxxx Xxxxx and 000 Xxxxx Xxxxxx Xxx Xxxx, XX 00000 (fax: (000) 000-0000) Attention: Xxxx Xxxxxxx. 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 or sent electronically in PDF or any other widely used electronic formatxxxxxxx.xxxxxxxx@xxxxxx.xxx. The Trustee will not be deemed to have any knowledge of the contents of any notice not actually received by it. The Trustee and the CompanyTrustee, by notice to the otherCompany, may designate additional or different addresses or delivery methods for subsequent notices or communications. The Trustee agrees to accept and act upon instructions or directions pursuant to this Indenture sent by unsecured e-mail, PDF, facsimile transmission or other similar unsecured electronic methods, provided, however, that the Trustee shall have received an incumbency certificate listing persons designated to give such instructions or directions and containing specimen signatures of such designated persons, which such incumbency certificate shall be amended and replaced whenever a person is to be added or deleted from the listing. If the Company elects to give the Trustee e-mail or facsimile instructions (or instructions by a similar electronic method) and the Trustee in its discretion elects to act upon such instructions, the Trustee’s understanding of such instructions shall be deemed controlling. The Trustee shall not be liable for any losses, costs or expenses arising directly or indirectly from the Trustee’s reliance upon and compliance with such instructions notwithstanding such instructions conflict or are inconsistent with a subsequent written instruction. The Company agrees to assume all risks arising out of the use of such electronic methods to submit instructions and directions to the Trustee, including without limitation the risk of the Trustee acting on unauthorized instructions, and the risk or interception and misuse by third parties. Any notice or communication mailed to a Holder shall be mailed to it by first class mail, postage prepaid, at its address as it appears on the Note Register and shall be sufficiently given to it if so mailed within the time prescribed; provided that notices given to Holders of any Global Notes Note may be given through the facilities of the Depositary, notwithstanding anything herein Depositary therefor (and notice provided in such manner will be deemed to be “written” notice and to satisfy any requirement in this Indenture or the Notes to “mail” notice to the contraryapplicable Holder). Failure to send mail a notice or communication to a Holder or any defect in it shall not affect its sufficiency with respect to other Holders. If a notice or communication is sent 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 anything to the contrary in this Indenture or the Notes, whenever any provision of this Indenture requires a party to send notice to another party, no such notice need be sent if the sending party and the recipient are the same person acting in different capacities.
Appears in 1 contract
Samples: Encore Capital Group Inc
Addresses for Notices, Etc. Any notice or demand that which by any provision of this Indenture as is required or permitted to be given or served by the Trustee or by the Holders 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 addressed (until another address is filed by the Company with the Trustee) to Nevro Fifth Street Finance Corp., 0000 Xxxxxx Xxxxxxx00 Xxxx Xxxxxx, Xxxxxxx Xxxx00xx Xxxxx, XX Xxxxx Xxxxxx, Xxx Xxxx 00000, Attention: Xxxxxx Xxxxxxxx, cc: Xxxx Xxxx, General Counsel, with a copy, which shall not constitute notice, to Xxxxxx & Xxxxxxx LLP, 000 Xxxxx Xxxxx, Menlo Park, CA 94025 (fax: (000) 000-0000), Attention: Xxxxx Xxxxx and 000 Xxxxx Xxxxxx Xxx Xxxx, XX 00000 (fax: (000) 000-0000) Attention: Xxxx XxxxxxxX. 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 addressed, or sent electronically in PDF or any other widely used electronic formatby facsimile, to Deutsche Bank Trust Company Americas, Trust and Securities Services, 00 Xxxx Xxxxxx, XX XXX 00-0000, Xxx Xxxx, Xxx Xxxx 00000, Attention: Corporate Deal Manager — Fifth Street Finance Corp., Tel: (000) 000-0000, Fax: (000) 000-0000, with a copy to Deutsche Bank Trust Company Americas, c/o Deutsche Bank National Trust Company, Trust & Securities Services, 000 Xxxxx Xxx, XX XXX 00-0000, Xxxxxx Xxxx, Xxx Xxxxxx 00000, Attention: Corporates Team Deal Manager — Fifth Street Finance Corp., Tel: (000) 000-0000, Fax: (000) 000-0000. The Trustee will not be deemed to have any knowledge of the contents of any notice not actually received by it. The Trustee and the CompanyTrustee, by notice to the otherCompany, may designate additional or different addresses for subsequent notices or communications. The Trustee agrees to accept and act upon instructions or directions pursuant to this Indenture sent by unsecured e-mail, PDF, facsimile transmission or other similar unsecured electronic methods, provided, however, that the Trustee shall have received an incumbency certificate listing persons designated to give such instructions or directions and containing specimen signatures of such designated persons, which such incumbency certificate shall be amended and replaced whenever a person is to be added or deleted from the listing. If the Company elects to give the Trustee e-mail or facsimile instructions (or instructions by a similar electronic method) and the Trustee in its discretion elects to act upon such instructions, the Trustee’s understanding of such instructions shall be deemed controlling. The Trustee shall not be liable for any losses, costs or expenses arising directly or indirectly from the Trustee’s reliance upon and compliance with such instructions notwithstanding such instructions conflict or are inconsistent with a subsequent written instruction. The Company agrees to assume all risks arising out of the use of such electronic methods to submit instructions and directions to the Trustee, including without limitation the risk of the Trustee acting on unauthorized instructions, and the risk or interception and misuse by third parties. Any notice or communication mailed to a Holder Noteholder shall be mailed to it him by first class mail, postage prepaid, at its his address as it appears on the Note Register and shall be sufficiently given to it him 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, notwithstanding anything herein to the contrary. Failure to send mail a notice or communication to a Holder Noteholder or any defect in it shall not affect its sufficiency with respect to other HoldersNoteholders. If a notice or communication is sent 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 anything to the contrary in this Indenture or the Notes, whenever any provision of this Indenture requires a party to send notice to another party, no such notice need be sent if the sending party and the recipient are the same person acting in different capacities.
Appears in 1 contract
Samples: Fifth Street Finance Corp
Addresses for Notices, Etc. Any notice or demand that which by any provision of this Indenture as is required or permitted to be given or served by the Trustee or by the Holders holders of 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 as follows: iStar Financial Inc. 1114 Avenue of the Company with the Trustee) to Nevro Corp.Xxxxxxxx, 0000 Xxxxxx Xxxxxxx, Xxxxxxx 00xx Xxxxx Xxx Xxxx, XX 00000, Attention: Xxxxxx Xxxxxxxx, cc: Xxxx Xxxx, General Counsel, with a copy, which shall not constitute notice, to Xxxxxx & Xxxxxxx LLP, 000 Xxxxx Xxxxx, Menlo Park, CA 94025 (fax00000 Facsimile: (000) 000-0000), 0000 Attention: Xxxxx Xxxxx and 000 Xxxxx Chief Executive Officer With a copy to: Xxxxxxxx Chance US LLP 00 Xxxx 00xx Xxxxxx Xxx Xxxx, XX 00000 (faxFacsimile: (000) 000-0000) 0000 Attention: Xxxx XxxxxxxXxxxxxxx X. Xxxxxx, Esq. 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: US Bank Trust National Association, 000 Xxxx Xxxxxx, 16th floor, Xxxxx 0000, Xxx Xxxx, Xxx Xxxx 00000, Attention: Corporate Trust Office or sent electronically in PDF or any other widely used electronic formatDepartment. The Trustee will not be deemed to have any knowledge of the contents of any notice not actually received by it. The Trustee and the CompanyTrustee, by notice to the otherIssuer, may designate additional or different addresses for subsequent notices or communications. The Trustee agrees to accept and act upon instructions or directions pursuant to this Indenture sent by unsecured e-mail, PDF, facsimile transmission or other similar unsecured electronic methods, provided, however, that the Trustee shall have received an incumbency certificate listing persons designated to give such instructions or directions and containing specimen signatures of such designated persons, which such incumbency certificate shall be amended and replaced whenever a person is to be added or deleted from the listing. If the Company elects to give the Trustee e-mail or facsimile instructions (or instructions by a similar electronic method) and the Trustee in its discretion elects to act upon such instructions, the Trustee’s understanding of such instructions shall be deemed controlling. The Trustee shall not be liable for any losses, costs or expenses arising directly or indirectly from the Trustee’s reliance upon and compliance with such instructions notwithstanding such instructions conflict or are inconsistent with a subsequent written instruction. The Company agrees to assume all risks arising out of the use of such electronic methods to submit instructions and directions to the Trustee, including without limitation the risk of the Trustee acting on unauthorized instructions, and the risk or interception and misuse by third parties. Any notice or communication mailed to a Holder Noteholder shall be mailed to it by first class mail, postage prepaid, at its such Noteholder’s address as it appears on the Note Register and shall be sufficiently given to it such Noteholder 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, notwithstanding anything herein to the contrary. Failure to send mail a notice or communication to a Holder Noteholder or any defect in it shall not affect its sufficiency with respect to other HoldersNoteholders. If a notice or communication is sent 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 anything to the contrary in this Indenture or the Notes, whenever any provision of this Indenture requires a party to send notice to another party, no such notice need be sent if the sending party and the recipient are the same person acting in different capacities.
Appears in 1 contract
Samples: Indenture (Istar Financial Inc)
Addresses for Notices, Etc. Any notice or demand that which by any provision of this Indenture as is required or permitted to be given or served by the Trustee or by the Holders of Notes on the Company Issuer or Guarantor 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 Nevro Corp.as follows: To Issuer: 80 MPT Operating Partnership, 0000 L.P. 1000 Xxxxx Xxxxxx XxxxxxxXxxxx, Xxxxx 000 Xxxxxxxxxx, Xxxxxxx Xxxx, XX 00000, 00000 Telecopier No.: 200-000-0000 Attention: General Counsel To Guarantor: Medical Properties Trust, Inc. 1000 Xxxxx Xxxxxx Xxxxxxxx, cc: Xxxx Xxxx, General Counsel, with a copy, which shall not constitute notice, to Xxxxxx & Xxxxxxx LLP, 000 Xxxxx Xxxxx, Menlo ParkXxxxx 000 Xxxxxxxxxx, CA 94025 (faxXxxxxxx 00000 Telecopier No.: (000) 200-000-0000), 0000 Attention: Xxxxx Xxxxx and 000 Xxxxx Xxxxxx Xxx Xxxx, XX 00000 (fax: (000) 000-0000) Attention: Xxxx Xxxxxxx. 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 addressed to the Corporate Trust Office box, or sent electronically in PDF by overnight courier, or any other widely used electronic format. sent by facsimile transmission addressed as follows: Wilmington Trust Company, as Trustee Rxxxxx Square North 1000 Xxxxx Xxxxxx Xxxxxx Xxxxxxxxxx, XX 00000-0000 Attention: Corporate Capital Markets Facsimile No.: 300-000-0000 The Trustee will not be deemed to have any knowledge of the contents of any notice not actually received by it. The Trustee and the CompanyTrustee, by notice to the otherIssuer, may designate additional or different addresses for subsequent notices or communications. The Trustee agrees to accept and act upon instructions or directions pursuant to this Indenture sent by unsecured e-mail, PDF, facsimile transmission or other similar unsecured electronic methods, provided, however, that the Trustee shall have received an incumbency certificate listing persons designated to give such instructions or directions and containing specimen signatures of such designated persons, which such incumbency certificate shall be amended and replaced whenever a person is to be added or deleted from the listing. If the Company elects to give the Trustee e-mail or facsimile instructions (or instructions by a similar electronic method) and the Trustee in its discretion elects to act upon such instructions, the Trustee’s understanding of such instructions shall be deemed controlling. The Trustee shall not be liable for any losses, costs or expenses arising directly or indirectly from the Trustee’s reliance upon and compliance with such instructions notwithstanding such instructions conflict or are inconsistent with a subsequent written instruction. The Company agrees to assume all risks arising out of the use of such electronic methods to submit instructions and directions to the Trustee, including without limitation the risk of the Trustee acting on unauthorized instructions, and the risk or interception and misuse by third parties. Any notice or communication mailed to a Holder Noteholder shall be mailed to it by first class mail, postage prepaid, at its such Noteholder’s address as it appears on the Note Register and shall be sufficiently given to it such Noteholder 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, notwithstanding anything herein to the contrary. Failure to send mail a notice or communication to a Holder Noteholder or any defect in it shall not affect its sufficiency with respect to other HoldersNoteholders. If a notice or communication is sent mailed or given 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 anything to the contrary in this Indenture or the Notes, whenever any provision of this Indenture requires a party to send notice to another party, no such notice need be sent if the sending party and the recipient are the same person acting in different capacities.
Appears in 1 contract
Addresses for Notices, Etc. Any notice or demand that which by any provision of this Indenture as is required or permitted to be given or served by the Trustee or by the Holders of Notes on the Company Issuer or Guarantor 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 Nevro Corp.as follows: To Issuer: BioMed Realty, 0000 L.P. 00000 Xxxxxxxx Xxxxxx XxxxxxxDrive San Diego, Xxxxxxx Xxxx, XX 00000, Attention: Xxxxxx Xxxxxxxx, cc: Xxxx Xxxx, General Counsel, with a copy, which shall not constitute notice, to Xxxxxx & Xxxxxxx LLP, 000 Xxxxx Xxxxx, Menlo Park, CA 94025 (faxCalifornia 92128 Telecopier No.: (000) 000-0000), 0000 Attention: Xxxxx Xxxxx and 000 Xxxxx General Counsel To Guarantor: BioMed Realty Trust, Inc. 00000 Xxxxxxxx Xxxxxx Xxx XxxxDrive San Diego, XX 00000 (faxCalifornia 92128 Telecopier No.: (000) 000-0000) 0000 Attention: Xxxx Xxxxxxx. 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: U.S. Bank National Association 000 Xxxx Xxxxx Xxxxxx, 00xx Xxxxx Xxx Xxxxxxx, Xxxxxxxxxx 00000 Telecopier No.: (000) 000-0000 Attention: Xxxxx X. Xxxxxx, Corporate Trust Office or sent electronically in PDF or any other widely used electronic format. Services (BioMed Realty 0000 Xxxxxxxxx 6.125% Senior Notes due 2020) The Trustee will not be deemed to have any knowledge of the contents of any notice not actually received by it. The Trustee and the CompanyTrustee, by notice to the otherIssuer, may designate additional or different addresses for subsequent notices or communications. The Trustee agrees to accept and act upon instructions or directions pursuant to this Indenture sent by unsecured e-mail, PDF, facsimile transmission or other similar unsecured electronic methods, provided, however, that the Trustee shall have received an incumbency certificate listing persons designated to give such instructions or directions and containing specimen signatures of such designated persons, which such incumbency certificate shall be amended and replaced whenever a person is to be added or deleted from the listing. If the Company elects to give the Trustee e-mail or facsimile instructions (or instructions by a similar electronic method) and the Trustee in its discretion elects to act upon such instructions, the Trustee’s understanding of such instructions shall be deemed controlling. The Trustee shall not be liable for any losses, costs or expenses arising directly or indirectly from the Trustee’s reliance upon and compliance with such instructions notwithstanding such instructions conflict or are inconsistent with a subsequent written instruction. The Company agrees to assume all risks arising out of the use of such electronic methods to submit instructions and directions to the Trustee, including without limitation the risk of the Trustee acting on unauthorized instructions, and the risk or interception and misuse by third parties. Any notice or communication mailed to a Holder Noteholder shall be mailed to it by first class mail, postage prepaid, at its such Noteholder’s address as it appears on the Note Register and shall be sufficiently given to it such Noteholder 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, notwithstanding anything herein to the contrary. Failure to send mail a notice or communication to a Holder Noteholder or any defect in it shall not affect its sufficiency with respect to other HoldersNoteholders. If a notice or communication is sent 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 anything to the contrary in this Indenture or the Notes, whenever any provision of this Indenture requires a party to send notice to another party, no such notice need be sent if the sending party and the recipient are the same person acting in different capacities.
Appears in 1 contract
Samples: Indenture (BioMed Realty Trust Inc)
Addresses for Notices, Etc. Any notice or demand that which by any provision of this Indenture as is required or permitted to be given or served by the Trustee or by the Holders of Notes on the Company Issuer or 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 Nevro Corp., 0000 Xxxxxx Xxxxxxx, Xxxxxxx Xxxx, XX 00000, Attention: Xxxxxx Xxxxxxxx, cc: Xxxx Xxxx, General Counsel, with a copy, which shall not constitute notice, to Xxxxxx & Xxxxxxx LLP, 000 Xxxxx Xxxxx, Menlo Park, CA 94025 (fax: (000) 000-0000), Attention: Xxxxx Xxxxx writing and 000 Xxxxx Xxxxxx Xxx Xxxx, XX 00000 (fax: (000) 000-0000) Attention: Xxxx Xxxxxxx. 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 box, or sent electronically in PDF by overnight courier, or any other widely used electronic format. The sent by telecopier transmission addressed as follows: To Issuer: Xxxxxx Realty, L.P. 00000 Xxxx Xxxxxxx Xxxxxxxxx, Xxxxx 000 Xxx Xxxxxxx, Xxxxxxxxxx 00000 Telecopier No.: (000) 000-0000 Attention: Chief Financial Officer To Guarantor: Xxxxxx Realty Corporation 00000 Xxxx Xxxxxxx Xxxxxxxxx, Xxxxx 000 Xxx Xxxxxxx, Xxxxxxxxxx 00000 Telecopier No.: (000) 000-0000 Attention: Chief Financial Officer Any notice, direction, request or demand hereunder to or upon the Trustee will not shall be deemed to have any knowledge of the contents of any notice not actually been sufficiently given or made, for all purposes, when received after being given or served by it. being deposited, postage prepaid, by registered or certified mail in a post office letter box, or sent by overnight courier, or sent by facsimile transmission addressed as follows: U.S. Bank National Association 000 Xxxx Xxxxx Xxxxxx, 00xx Xxxxx Xxx Xxxxxxx, Xxxxxxxxxx 00000 Attention: Corporate Trust Services (Xxxxxx Realty, L.P. 3.250% Exchangeable Senior Notes due 2012) Facsimile No.: (000) 000-0000 The Trustee and the CompanyTrustee, by notice to the otherIssuer, may designate additional or different addresses for subsequent notices or communications. The Trustee agrees to accept and act upon instructions or directions pursuant to this Indenture sent by unsecured e-mail, PDF, facsimile transmission or other similar unsecured electronic methods, provided, however, that the Trustee shall have received an incumbency certificate listing persons designated to give such instructions or directions and containing specimen signatures of such designated persons, which such incumbency certificate shall be amended and replaced whenever a person is to be added or deleted from the listing. If the Company elects to give the Trustee e-mail or facsimile instructions (or instructions by a similar electronic method) and the Trustee in its discretion elects to act upon such instructions, the Trustee’s understanding of such instructions shall be deemed controlling. The Trustee shall not be liable for any losses, costs or expenses arising directly or indirectly from the Trustee’s reliance upon and compliance with such instructions notwithstanding such instructions conflict or are inconsistent with a subsequent written instruction. The Company agrees to assume all risks arising out of the use of such electronic methods to submit instructions and directions to the Trustee, including without limitation the risk of the Trustee acting on unauthorized instructions, and the risk or interception and misuse by third parties. Any notice or communication mailed to a Holder Noteholder shall be mailed to it by first class mail, postage prepaid, at its such Noteholder’s address as it appears on the Note Register and shall be sufficiently given to it such Noteholder if so mailed within the time prescribed; provided that notices given or communications made to Holders of Global Notes a beneficial holder may be given through the facilities of the Depositary in accordance with the Depositary, notwithstanding anything herein to the contrary’s customary procedures. Failure to send mail a notice or communication to a Holder Noteholder or any defect in it shall not affect its sufficiency with respect to other HoldersNoteholders. If a notice or communication is sent mailed or given 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 anything to the contrary in this Indenture or the Notes, whenever any provision of this Indenture requires a party to send notice to another party, no such notice need be sent if the sending party and the recipient are the same person acting in different capacities.
Appears in 1 contract
Samples: Indenture (Kilroy Realty Corp)
Addresses for Notices, Etc. Any notice or demand that by any provision of this Indenture as is required or permitted to be given or served by the Trustee or by the Holders on the Company or any Guarantor 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 or any Guarantor to the Trustee) to Nevro Corp.000 0xx Xxxxxx, 0000 Xxxxxx Xxxxxxx, Xxxxxxx Xxxx, XX Xxxxxxxxxxxxx 00000, ; Attention: Xxxxxx Xxxxxxxx, cc: Xxxx XxxxSenior Vice President, General CounselCounsel & Secretary, or sent electronically in PDF format to the following e-mail address: xxxxxxxx@xxxxxxxxxxx.xxx, with a copy, copy (which shall not constitute notice, ) to Xxxxxx Xxxxxxxx & Xxxxxxx Xxxxx LLP, 000 Xxxxx XxxxxXxxxxxxxx Xxxxxx, Menlo ParkXxx Xxxx, CA 94025 Xxx Xxxx 00000 (fax: (000) 000-0000), Attention: Xxxxx Xxxxx and 000 Xxxxx Xxxxxx Xxx Xxxx, XX 00000 (fax: (000) 000-0000) ; Attention: Xxxx XxxxxxxX. Xxxx, P.C., or sent electronically in PDF format to the following email address: xxxx.xxxx@xxxxxxxx.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 Office or sent electronically in PDF or any other widely used electronic formatformat to the following e-mail address: xxxxx.xxxxxxxx@xxxxxx.xxx. The Trustee will not be deemed to have any knowledge of the contents of any notice not actually received by it. The Trustee and the CompanyTrustee, by notice to the otherCompany, may designate additional or different addresses for subsequent notices or communications. The Any notice or communication delivered or to be delivered to a Holder of Certificated Notes shall be mailed to it by first class mail, postage prepaid, at its address as it appears on the 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 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 send a notice or communication to a Holder or any defect in it shall not affect its sufficiency with respect to other Holders. If a notice or communication is 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, PDFpdf, facsimile transmission or other similar unsecured electronic methods, provided, however, that the Trustee shall have received an incumbency certificate listing persons designated to give such instructions or directions and containing specimen signatures of such designated persons, which such incumbency certificate shall be amended and replaced whenever a person is to be added or deleted from the listing. If the Company 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 Company 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. Any notice or communication mailed to a Holder shall be mailed to it by first class mail, postage prepaid, at its address as it appears on the Note Register and shall be sufficiently given to 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, notwithstanding anything herein to the contrary. Failure to send a notice or communication to a Holder or any defect in it shall not affect its sufficiency with respect to other Holders. If a notice or communication is 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. Notwithstanding anything to the contrary in this Indenture or the Notes, whenever any provision of this Indenture requires a party to send notice to another party, no such notice need be sent if the sending party and the recipient are the same person acting in different capacities.
Appears in 1 contract
Addresses for Notices, Etc. Any notice or demand that by any provision of this Indenture as is required or permitted to be given or served by the Trustee or by the 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 Nevro Corp.HomeAway, Inc., 0000 X. Xxxxx Xxxxxx, Xxxxx 000, Xxxxxx, Xxxxx 00000: attention Xxxxxxx Xxxxx, Esq., with a copy to Xxxxxx XxxxxxxXxxxxxx Xxxxxxxx & Xxxxxx, Professional Corporation, 900 South Capital of Texas Highway, Las Cimas IV, Fifth Floor, Austin, Texas 78746, attention: Xxxx Xxxxxx and to Xxxxxx Xxxxxxx XxxxXxxxxxxx & Xxxxxx, XX 00000Professional Corporation, Attention: Xxxxxx Xxxxxxxx, cc: 000 Xxxx Xxxx Xxxx, General Counsel, with a copy, which shall not constitute notice, to Xxxxxx & Xxxxxxx LLP, 000 Xxxxx Xxxxx, Menlo Park, CA 94025 (fax: (000) 000-0000), Attention: Xxxxx Xxxxx and 000 Xxxxx Xxxxxx Xxx Xxxx Xxxx, XX 00000 (fax: (000) 000-0000) AttentionXxxxxxxxxx 00000, attention: Xxxx XxxxxxxX. Xxxx. 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 or sent electronically in PDF or any other widely used electronic format. The Trustee will not be deemed to have any knowledge of the contents of any notice not actually received by it. The Trustee and the CompanyTrustee, by notice to the otherCompany, may designate additional or different addresses for subsequent notices or communications. The Trustee agrees to accept and act upon instructions or directions pursuant to this Indenture sent by unsecured e-mail, PDF, facsimile transmission or other similar unsecured electronic methods, provided, however, that the Trustee shall have received an incumbency certificate listing persons designated to give such instructions or directions and containing specimen signatures of such designated persons, which such incumbency certificate shall be amended and replaced whenever a person is to be added or deleted from the listing. If the Company elects to give the Trustee e-mail or facsimile instructions (or instructions by a similar electronic method) and the Trustee in its discretion elects to act upon such instructions, the Trustee’s understanding of such instructions shall be deemed controlling. The Trustee shall not be liable for any losses, costs or expenses arising directly or indirectly from the Trustee’s reliance upon and compliance with such instructions notwithstanding such instructions conflict or are inconsistent with a subsequent written instruction. The Company agrees to assume all risks arising out of the use of such electronic methods to submit instructions and directions to the Trustee, including without limitation the risk of the Trustee acting on unauthorized instructions, and the risk or interception and misuse by third parties. Any notice or communication mailed to a Holder shall be mailed to it by first class mail, postage prepaid, at its address as it appears on the Note Register and shall be sufficiently given to 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, notwithstanding anything herein to the contrary. Failure to send mail a notice or communication to a Holder or any defect in it shall not affect its sufficiency with respect to other Holders. If a notice or communication is sent 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 anything to the contrary in this Indenture or the Notes, whenever any provision of this Indenture requires a party to send notice to another party, no such notice need be sent if the sending party and the recipient are the same person acting in different capacities.
Appears in 1 contract
Samples: Indenture (Homeaway Inc)
Addresses for Notices, Etc. Any notice or demand that by any provision of this Indenture as is required or permitted to be given given, delivered or served by the Trustee or by the 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 (i) 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 Nevro Corp.Greenlight Capital Re, 0000 Ltd., 00 Xxxxxx XxxxxxxXxxxxx, Xxxxxxx XxxxXxxxx 0000, XX Xxxxxx Xxx, X.X. Xxx 00000, Attention: Xxxxxx XxxxxxxxXxxxx Xxxxxx, cc: Xxxx Xxxx, General Counsel, with a copy, which shall not constitute notice, to Xxxxxx & Xxxxxxx LLP, 000 Xxxxx Xxxxx, Menlo Park, CA 94025 (fax: (000) 000XX0-0000), Xxxxxx Islands, Attention: Xxxxx Xxxxx and 000 Xxxxx Xxxxxx Xxx XxxxXxxxxxx, XX 00000 General Counsel or (fax: ii) delivered via email to xxxxx@xxxxxxxxxxxx.xx (000) 000-0000) Attention: Xxxx Xxxxxxxuntil another email address is filed by the Company with the Trustee). 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 or sent electronically to xxxxxx@xxxxxxxx.xxx and xxxxxxxxxxxxx@xxxxxxxx.xxx in PDF or any other widely used electronic formatformat and received by the Trustee. The Trustee will not be deemed to have any knowledge of the contents of any notice not actually received by it. The Trustee and the CompanyTrustee, by notice to the otherCompany, may designate additional or different addresses for subsequent notices or communications. The Trustee agrees to accept and act upon instructions or directions pursuant to this Indenture sent by unsecured e-mail, PDF, facsimile transmission or other similar unsecured electronic methods, provided, however, that the Trustee shall have received an incumbency certificate listing persons designated to give such instructions or directions and containing specimen signatures of such designated persons, which such incumbency certificate shall be amended and replaced whenever a person is to be added or deleted from the listing. If the Company elects to give the Trustee e-mail or facsimile instructions (or instructions by a similar electronic method) and the Trustee in its discretion elects to act upon such instructions, the Trustee’s understanding of such instructions shall be deemed controlling. The Trustee shall not be liable for any losses, costs or expenses arising directly or indirectly from the Trustee’s reliance upon and compliance with such instructions notwithstanding such instructions conflict or are inconsistent with a subsequent written instruction. The Company agrees to assume all risks arising out of the use of such electronic methods to submit instructions and directions to the Trustee, including without limitation the risk of the Trustee acting on unauthorized instructions, and the risk or interception and misuse by third parties. Any notice or communication mailed to a Holder shall be mailed to it by first class mail, postage prepaid, at its address as it appears on the Note Register and shall be sufficiently given to 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, notwithstanding anything herein . If the Company sends a notice or communication to the contraryHolders, it shall send a copy to the Trustee at the same time. Failure to send mail a notice or communication to a Holder or any defect in it shall not affect its sufficiency with respect to other Holders. If a notice or communication is sent 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 anything The Trustee agrees to accept and act upon notice, instructions or directions pursuant to this Indenture sent by unsecured email, facsimile transmission or other similar unsecured electronic methods. 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 whether 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 electronic instructions agrees to assume all risks arising out of the use of such electronic methods to submit instructions and directions to the contrary Trustee, including without limitation the risk of the Trustee acting on unauthorized instructions, and the risk of interception and misuse by third parties. With respect to any Global Note, any notice required to be delivered pursuant to this Indenture may, in lieu of the requirements set forth in this Indenture or Indenture, be delivered in accordance with the Notes, whenever any provision applicable procedures of this Indenture requires a party to send notice to another party, no such notice need be sent if the sending party and the recipient are the same person acting Depositary in different capacitiesrespect thereof.
Appears in 1 contract
Addresses for Notices, Etc. Any notice or demand that which by any provision of this Indenture as is required or permitted to be given or served by the Trustee or by the Holders of 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 Nevro Corp.as follows: To Company: GLG Partners, 0000 Xxxxxx XxxxxxxInc. 000 Xxxx Xxxxxx, Xxxxxxx Xxxx, XX 00000, Attention: Xxxxxx Xxxxxxxx, cc: Xxxx Xxxx, General Counsel, with a copy, which shall not constitute notice, to Xxxxxx & Xxxxxxx LLP, 000 00xx Xxxxx Xxxxx, Menlo Park, CA 94025 (fax: (000) 000-0000), Attention: Xxxxx Xxxxx and 000 Xxxxx Xxxxxx Xxx Xxxx, XX Xxx Xxxx 00000 (faxTelecopier No.: (000) 000-0000) 000-0000 Attention: Xxxx Xxxxxxx. 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 or sent electronically in PDF or any other widely used electronic format. Services with a copy to: The Trustee will not be deemed to have any knowledge Bank of the contents of any notice not actually received by it. New York Mellon One Canada Square Xxxxxx X00 0XX Xxxxxx Xxxxxxx Attention: Global Corporate Trust Telecopier No.: (011) 00-000 000-0000 The Trustee and the CompanyTrustee, by notice to the otherCompany, may designate additional or different addresses for subsequent notices or communications. The Trustee agrees to accept and act upon instructions or directions pursuant to this Indenture sent by unsecured e-mail, PDF, facsimile transmission or other similar unsecured electronic methods, provided, however, that the Trustee shall have received an incumbency certificate listing persons designated to give such instructions or directions and containing specimen signatures of such designated persons, which such incumbency certificate shall be amended and replaced whenever a person is to be added or deleted from the listing. If the Company elects to give the Trustee e-mail or facsimile instructions (or instructions by a similar electronic method) and the Trustee in its discretion elects to act upon such instructions, the Trustee’s understanding of such instructions shall be deemed controlling. The Trustee shall not be liable for any losses, costs or expenses arising directly or indirectly from the Trustee’s reliance upon and compliance with such instructions notwithstanding such instructions conflict or are inconsistent with a subsequent written instruction. The Company agrees to assume all risks arising out of the use of such electronic methods to submit instructions and directions to the Trustee, including without limitation the risk of the Trustee acting on unauthorized instructions, and the risk or interception and misuse by third parties. Any notice or communication mailed to a Holder Noteholder shall be mailed to it by first class mail, postage prepaid, at its such Noteholder’s address as it appears on the Note Register and shall be sufficiently given to it such Noteholder 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, notwithstanding anything herein to the contrary. Failure to send mail a notice or communication to a Holder Noteholder or any defect in it shall not affect its sufficiency with respect to other HoldersNoteholders. If a notice or communication is sent 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 anything to the contrary in this Indenture or the Notes, whenever any provision of this Indenture requires a party to send notice to another party, no such notice need be sent if the sending party and the recipient are the same person acting in different capacities.
Appears in 1 contract
Samples: Indenture (GLG Partners, Inc.)
Addresses for Notices, Etc. Any notice or demand that which by any provision of this Indenture as is required or permitted to be given or served by the Trustee or by the Holders of Notes on the Company Issuer or 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 Nevro Corp., 0000 Xxxxxx Xxxxxxx, Xxxxxxx Xxxx, XX 00000, Attention: Xxxxxx Xxxxxxxx, cc: Xxxx Xxxx, General Counsel, with a copy, which shall not constitute notice, to Xxxxxx & Xxxxxxx LLP, 000 Xxxxx Xxxxx, Menlo Park, CA 94025 (fax: (000) 000-0000), Attention: Xxxxx Xxxxx writing and 000 Xxxxx Xxxxxx Xxx Xxxx, XX 00000 (fax: (000) 000-0000) Attention: Xxxx Xxxxxxx. 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 box, or sent electronically by overnight courier, or hand delivered, or sent by facsimile transmission addressed as follows: To Issuer: Piedmont Operating Partnership, LP 00000 Xxxxx Xxxxx Parkway, Suite 350 Xxxxx Xxxxx, Xxxxxxx 00000-0000 Facsimile No.: (000) 000-0000 Attention: Chief Financial Officer To Guarantor: Piedmont Office Realty Trust, Inc. 00000 Xxxxx Xxxxx Parkway, Suite 350 Xxxxx Creek, Georgia 30097-1523 Facsimile No.: (000) 000-0000 Attention: Chief Financial Officer Any notice, direction, request or demand hereunder to or upon the Trustee shall be in PDF or any other widely used electronic format. The Trustee will not writing and shall be deemed to have any knowledge of the contents of any notice not actually been sufficiently given or made, for all purposes, when received after being given or served by it. 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 Services Xxx Xxxxxxx Xxxxxx, 0xx Xxxxx Xxxxxx, Xxxxxxxxxxxxx 00000 Attention: Xxxx X. Xxxxxxxx, Xx., Vice President Facsimile No.: (000) 000-0000 The Trustee and the CompanyTrustee, by notice to the otherIssuer, may designate additional or different addresses for subsequent notices or communications. The Trustee agrees to accept and act upon instructions or directions pursuant to this Indenture sent by unsecured e-mail, PDF, facsimile transmission or other similar unsecured electronic methods, provided, however, that the Trustee shall have received an incumbency certificate listing persons designated to give such instructions or directions and containing specimen signatures of such designated persons, which such incumbency certificate shall be amended and replaced whenever a person is to be added or deleted from the listing. If the Company elects to give the Trustee e-mail or facsimile instructions (or instructions by a similar electronic method) and the Trustee in its discretion elects to act upon such instructions, the Trustee’s understanding of such instructions shall be deemed controlling. The Trustee shall not be liable for any losses, costs or expenses arising directly or indirectly from the Trustee’s reliance upon and compliance with such instructions notwithstanding such instructions conflict or are inconsistent with a subsequent written instruction. The Company agrees to assume all risks arising out of the use of such electronic methods to submit instructions and directions to the Trustee, including without limitation the risk of the Trustee acting on unauthorized instructions, and the risk or interception and misuse by third parties. Any notice or communication mailed to a Holder Noteholder shall be mailed to it by first class mail, postage prepaid, at its such Noteholder’s address as it appears on the Note Register and shall be sufficiently given to it such Noteholder if so mailed within the time prescribed; provided that notices given or communications made to Holders of Global Notes a beneficial holder may be given through the facilities of the Depositary in accordance with the Depositary, notwithstanding anything herein to the contrary’s customary procedures. Failure to send mail a notice or communication to a Holder Noteholder or any defect in it shall not affect its sufficiency with respect to other HoldersNoteholders. If a notice or communication is sent mailed or given 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 anything to the contrary in this Indenture or the Notes, whenever any provision of this Indenture requires a party to send notice to another party, no such notice need be sent if the sending party and the recipient are the same person acting in different capacities.
Appears in 1 contract
Samples: Piedmont Office Realty Trust, Inc.
Addresses for Notices, Etc. Any notice or demand that which by any provision of this Indenture as is required or permitted to be given or served by the Trustee or by the Holders of Notes on the Company Issuer or 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 Nevro Corp., 0000 Xxxxxx Xxxxxxx, Xxxxxxx Xxxx, XX 00000, Attention: Xxxxxx Xxxxxxxx, cc: Xxxx Xxxx, General Counsel, with a copy, which shall not constitute notice, to Xxxxxx & Xxxxxxx LLP, 000 Xxxxx Xxxxx, Menlo Park, CA 94025 (fax: (000) 000-0000), Attention: Xxxxx Xxxxx writing and 000 Xxxxx Xxxxxx Xxx Xxxx, XX 00000 (fax: (000) 000-0000) Attention: Xxxx Xxxxxxx. 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 box, or sent electronically by overnight courier, or hand delivered, or sent by telecopier transmission addressed as follows: To Issuer: Kxxxxx Realty, L.P. 10000 Xxxx Xxxxxxx Xxxxxxxxx, Xxxxx 000 Xxx Xxxxxxx, Xxxxxxxxxx 00000 Telecopier No.: (000) 000-0000 Attention: Chief Financial Officer To Guarantor: Kxxxxx Realty Corporation 10000 Xxxx Xxxxxxx Xxxxxxxxx, Xxxxx 000 Xxx Xxxxxxx, Xxxxxxxxxx 00000 Telecopier No.: (000) 000-0000 Attention: Chief Financial Officer Any notice, direction, request or demand hereunder to or upon the Trustee shall be in PDF or any other widely used electronic format. The Trustee will not writing and shall be deemed to have any knowledge of the contents of any notice not actually been sufficiently given or made, for all purposes, when received after being given or served by it. 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 600 Xxxx Xxxxx Xxxxxx, 00xx Xxxxx Xxx Xxxxxxx, Xxxxxxxxxx 00000 Attention: Corporate Trust Services (Kxxxxx Realty, L.P. 5.000% Senior Notes due 2015) Facsimile No.: (000) 000-0000 The Trustee and the CompanyTrustee, by notice to the otherIssuer, may designate additional or different addresses for subsequent notices or communications. The Trustee agrees to accept and act upon instructions or directions pursuant to this Indenture sent by unsecured e-mail, PDF, facsimile transmission or other similar unsecured electronic methods, provided, however, that the Trustee shall have received an incumbency certificate listing persons designated to give such instructions or directions and containing specimen signatures of such designated persons, which such incumbency certificate shall be amended and replaced whenever a person is to be added or deleted from the listing. If the Company elects to give the Trustee e-mail or facsimile instructions (or instructions by a similar electronic method) and the Trustee in its discretion elects to act upon such instructions, the Trustee’s understanding of such instructions shall be deemed controlling. The Trustee shall not be liable for any losses, costs or expenses arising directly or indirectly from the Trustee’s reliance upon and compliance with such instructions notwithstanding such instructions conflict or are inconsistent with a subsequent written instruction. The Company agrees to assume all risks arising out of the use of such electronic methods to submit instructions and directions to the Trustee, including without limitation the risk of the Trustee acting on unauthorized instructions, and the risk or interception and misuse by third parties. Any notice or communication mailed to a Holder Noteholder shall be mailed to it by first class mail, postage prepaid, at its such Noteholder’s address as it appears on the Note Register and shall be sufficiently given to it such Noteholder if so mailed within the time prescribed; provided that notices given or communications made to Holders of Global Notes a beneficial holder may be given through the facilities of the Depositary in accordance with the Depositary, notwithstanding anything herein to the contrary’s customary procedures. Failure to send mail a notice or communication to a Holder Noteholder or any defect in it shall not affect its sufficiency with respect to other HoldersNoteholders. If a notice or communication is sent mailed or given 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 anything to the contrary in this Indenture or the Notes, whenever any provision of this Indenture requires a party to send notice to another party, no such notice need be sent if the sending party and the recipient are the same person acting in different capacities.
Appears in 1 contract
Samples: Indenture (Kilroy Realty, L.P.)
Addresses for Notices, Etc. Any notice or demand that which by any provision of this Indenture as is required or permitted to be given or served by the Trustee or by the Holders of Notes on the Company Issuer or 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 Nevro Corp., 0000 Xxxxxx Xxxxxxx, Xxxxxxx Xxxx, XX 00000, Attention: Xxxxxx Xxxxxxxx, cc: Xxxx Xxxx, General Counsel, with a copy, which shall not constitute notice, to Xxxxxx & Xxxxxxx LLP, 000 Xxxxx Xxxxx, Menlo Park, CA 94025 (fax: (000) 000-0000), Attention: Xxxxx Xxxxx writing and 000 Xxxxx Xxxxxx Xxx Xxxx, XX 00000 (fax: (000) 000-0000) Attention: Xxxx Xxxxxxx. 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 box, or sent electronically in PDF by overnight courier, or any other widely used electronic format. The sent by telecopier transmission addressed as follows: To Issuer: Xxxxxx Realty, L.P. 00000 Xxxx Xxxxxxx Xxxxxxxxx, Xxxxx 000 Xxx Xxxxxxx, Xxxxxxxxxx 00000 Telecopier No.: (000) 000-0000 Attention: Chief Financial Officer To Guarantor: Kilroy Realty Corporation 00000 Xxxx Xxxxxxx Xxxxxxxxx, Xxxxx 000 Xxx Xxxxxxx, Xxxxxxxxxx 00000 Telecopier No.: (000) 000-0000 Attention: Chief Financial Officer Any notice, direction, request or demand hereunder to or upon the Trustee will not shall be deemed to have any knowledge of the contents of any notice not actually been sufficiently given or made, for all purposes, when received after being given or served by it. being deposited, postage prepaid, by registered or certified mail in a post office letter box, or sent by overnight courier, or sent by facsimile transmission addressed as follows: U.S. Bank National Association 000 Xxxx Xxxxx Xxxxxx, 00xx Xxxxx Xxx Xxxxxxx, Xxxxxxxxxx 00000 Attention: Corporate Trust Services (Xxxxxx Realty, L.P. 4.25% Exchangeable Senior Notes due 2014) Facsimile No.: (000) 000-0000 The Trustee and the CompanyTrustee, by notice to the otherIssuer, may designate additional or different addresses for subsequent notices or communications. The Trustee agrees to accept and act upon instructions or directions pursuant to this Indenture sent by unsecured e-mail, PDF, facsimile transmission or other similar unsecured electronic methods, provided, however, that the Trustee shall have received an incumbency certificate listing persons designated to give such instructions or directions and containing specimen signatures of such designated persons, which such incumbency certificate shall be amended and replaced whenever a person is to be added or deleted from the listing. If the Company elects to give the Trustee e-mail or facsimile instructions (or instructions by a similar electronic method) and the Trustee in its discretion elects to act upon such instructions, the Trustee’s understanding of such instructions shall be deemed controlling. The Trustee shall not be liable for any losses, costs or expenses arising directly or indirectly from the Trustee’s reliance upon and compliance with such instructions notwithstanding such instructions conflict or are inconsistent with a subsequent written instruction. The Company agrees to assume all risks arising out of the use of such electronic methods to submit instructions and directions to the Trustee, including without limitation the risk of the Trustee acting on unauthorized instructions, and the risk or interception and misuse by third parties. Any notice or communication mailed to a Holder Noteholder shall be mailed to it by first class mail, postage prepaid, at its such Noteholder’s address as it appears on the Note Register and shall be sufficiently given to it such Noteholder if so mailed within the time prescribed; provided that notices given or communications made to Holders of Global Notes a beneficial holder may be given through the facilities of the Depositary in accordance with the Depositary, notwithstanding anything herein to the contrary’s customary procedures. Failure to send mail a notice or communication to a Holder Noteholder or any defect in it shall not affect its sufficiency with respect to other HoldersNoteholders. If a notice or communication is sent mailed or given 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 anything to the contrary in this Indenture or the Notes, whenever any provision of this Indenture requires a party to send notice to another party, no such notice need be sent if the sending party and the recipient are the same person acting in different capacities.
Appears in 1 contract
Samples: Indenture (Kilroy Realty Corp)
Addresses for Notices, Etc. Any notice or demand that which by any provision of this Indenture as is required or permitted to be given or served by the Trustee or by the Holders of Notes on the Company Issuer or Guarantor 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 Nevro Corp., as follows: To Issuer: Extra Space Storage LP 0000 Xxxxxx Xxxxxxx, Xxxx Xxxxxxxxxx Xxxxxxx Xxxx, XX 00000, Attention: Xxxxxx Xxxxxxxx, cc: Xxxxx 000 Xxxx Xxxx Xxxx, General Counsel, with a copy, which shall not constitute notice, to Xxxxxx & Xxxxxxx LLP, 000 Xxxxx Xxxxx, Menlo Park, CA 94025 (faxXxxx 00000 Telecopier No.: (000) 000-0000), 0000 Attention: Corporate Legal Counsel To Guarantor: Extra Space Storage Inc. 0000 Xxxx Xxxxxxxxxx Xxxxxxx Xxxxx Xxxxx and 000 Xxxxx Xxxxxx Xxx Xxxx Xxxx Xxxx, XX Xxxx 00000 (faxTelecopier No.: (000) 000-0000) 0000 Attention: Xxxx Xxxxxxx. Corporate Legal 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: Xxxxx Fargo Bank, N.A. Corporate Trust Office or sent electronically in PDF or any other widely used electronic format. Services MAC N-9303-120 000 0xx Xxxxxx Xxxxx Xxxxxxxxxxx, XX 00000 Telecopier No.: (000) 000-0000 Attention: Extra Space Storage Account Manager The Trustee will not be deemed to have any knowledge of the contents of any notice not actually received by it. The Trustee and the CompanyTrustee, by notice to the otherIssuer, may designate additional or different addresses for subsequent notices or communications. The Trustee agrees to accept and act upon instructions or directions pursuant to this Indenture sent by unsecured e-mail, PDF, facsimile transmission or other similar unsecured electronic methods, provided, however, that the Trustee shall have received an incumbency certificate listing persons designated to give such instructions or directions and containing specimen signatures of such designated persons, which such incumbency certificate shall be amended and replaced whenever a person is to be added or deleted from the listing. If the Company elects to give the Trustee e-mail or facsimile instructions (or instructions by a similar electronic method) and the Trustee in its discretion elects to act upon such instructions, the Trustee’s understanding of such instructions shall be deemed controlling. The Trustee shall not be liable for any losses, costs or expenses arising directly or indirectly from the Trustee’s reliance upon and compliance with such instructions notwithstanding such instructions conflict or are inconsistent with a subsequent written instruction. The Company agrees to assume all risks arising out of the use of such electronic methods to submit instructions and directions to the Trustee, including without limitation the risk of the Trustee acting on unauthorized instructions, and the risk or interception and misuse by third parties. Any notice or communication mailed delivered to a Holder Noteholder shall be mailed to it by first class mail, postage prepaid, delivered at its such Noteholder’s address as it appears on the Note Register and shall be sufficiently given to it such Noteholder if so mailed delivered within the time prescribed; provided that notices given to Holders of Global Notes may be given through the facilities of the Depositary, notwithstanding anything herein to the contrary. Failure to send deliver a notice or communication to a Holder Noteholder or any defect in it shall not affect its sufficiency with respect to other HoldersNoteholders. If a notice or communication is sent 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. Notwithstanding anything to the contrary in this Indenture or the Notes, whenever any provision of this Indenture requires a party to send notice to another party, no such notice need be sent if the sending party and the recipient are the same person acting in different capacities.
Appears in 1 contract
Samples: Extra Space Storage Inc.
Addresses for Notices, Etc. Any notice or demand that by any provision of this Indenture as is required or permitted to be given or served by the Trustee or by the Holders on the Company or on any Subsidiary Guarantor shall be deemed to have been sufficiently given or made, for all purposes if given or served by being (a) 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 Nevro Corp.Xxxxxxx Industries, 0000 Xxxxxx Inc., 000 Xxxx Xxxxxxxx Xxxxxx, X.X. Xxx 000, Xxxxxxx, Xxxxxxx Xxxx, XX 00000, Attention: Xxxxxx XxxxxxxxXxxx X. Xxxxxx, cc: Chief Executive Officer, Xxxx XxxxXxxxxxxxx, General CounselChief Financial Officer and Xxxx Xxxxxx, with a copyChief Legal Officer, which shall not constitute noticeor (b) emailed to xxxxxxx@xxxxxxxxxx.xxx, to Xxxxxx & Xxxxxxx LLP, 000 Xxxxx Xxxxx, Menlo Park, CA 94025 (fax: (000) 000-0000), Attention: Xxxxx Xxxxx xxxxxxxx@xxxxxxxxxx.xxx and 000 Xxxxx Xxxxxx Xxx Xxxx, XX 00000 (fax: (000) 000-0000) Attention: Xxxx Xxxxxxxxxxxxxx@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 or sent electronically in PDF or any other widely used electronic formatOffice. The Trustee will not be deemed to have any knowledge of the contents of any notice not actually received by it. The Trustee and the CompanyTrustee, by notice to the otherCompany, may designate additional or different addresses for subsequent notices or communications. The Trustee agrees to accept and act upon instructions or directions pursuant to this Indenture sent by unsecured e-mail, PDF, facsimile transmission or other similar unsecured electronic methods, provided, however, that the Trustee shall have received an incumbency certificate listing persons designated to give such instructions or directions and containing specimen signatures of such designated persons, which such incumbency certificate shall be amended and replaced whenever a person is to be added or deleted from the listing. If the Company elects to give the Trustee e-mail or facsimile instructions (or instructions by a similar electronic method) and the Trustee in its discretion elects to act upon such instructions, the Trustee’s understanding of such instructions shall be deemed controlling. The Trustee shall not be liable for any losses, costs or expenses arising directly or indirectly from the Trustee’s reliance upon and compliance with such instructions notwithstanding such instructions conflict or are inconsistent with a subsequent written instruction. The Company agrees to assume all risks arising out of the use of such electronic methods to submit instructions and directions to the Trustee, including without limitation the risk of the Trustee acting on unauthorized instructions, and the risk or interception and misuse by third parties. Any notice or communication mailed delivered or to be delivered to a Holder of Physical Notes shall be mailed to it by first class mail, postage prepaid, at its address as it appears on the Note Register and shall be sufficiently given to it if so mailed within the time prescribed; provided that notices given . Any notice or communication delivered or to Holders be delivered to a Holder of Global Notes may shall be given through delivered in accordance with the facilities applicable procedures of the Depositary, notwithstanding anything herein Depositary and shall be sufficiently given to it if so delivered within the contrarytime prescribed. Failure to send mail or deliver a notice or communication to a Holder or any defect in it shall not affect its sufficiency with respect to other Holders. If a notice or communication is sent 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 anything to the contrary in this Indenture or the Notes, whenever any provision of this Indenture requires a party to send notice to another party, no such notice need be sent if the sending party and the recipient are the same person acting in different capacities.
Appears in 1 contract
Samples: Patrick Industries Inc
Addresses for Notices, Etc. Any notice or demand that which by any provision of this Indenture as is required or permitted to be given or served by the Trustee or by the Holders of Notes on the Company Issuer or 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 Nevro Corp., 0000 Xxxxxx Xxxxxxx, Xxxxxxx Xxxx, XX 00000, Attention: Xxxxxx Xxxxxxxx, cc: Xxxx Xxxx, General Counsel, with a copy, which shall not constitute notice, to Xxxxxx & Xxxxxxx LLP, 000 Xxxxx Xxxxx, Menlo Park, CA 94025 (fax: (000) 000-0000), Attention: Xxxxx Xxxxx writing and 000 Xxxxx Xxxxxx Xxx Xxxx, XX 00000 (fax: (000) 000-0000) Attention: Xxxx Xxxxxxx. 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 box, or sent electronically in PDF by overnight courier, or any other widely used electronic format. The sent by telecopier transmission addressed as follows: To Issuer: American Residential Properties OP, L.P. 0000 Xxxx Xxxxxxxx Xxxxxxx, Xxxxx 000 Xxxxxxxxxx, Xxxxxxx 00000 Telecopier No.: (000) 000-0000 Attention: General Partner To Guarantor: American Residential Properties, Inc. 0000 Xxxx Xxxxxxxx Xxxxxxx, Xxxxx 000 Xxxxxxxxxx, Xxxxxxx 00000 Telecopier No.: (000) 000-0000 Attention: Xxxxx Xxxxxxxxxx Any notice, direction, request or demand hereunder to or upon the Trustee will not shall be deemed to have any knowledge of the contents of any notice not actually been sufficiently given or made, for all purposes, when received after being given or served by it. being deposited, postage prepaid, by registered or certified mail in a post office letter box, or sent by overnight courier, or sent by facsimile transmission addressed as follows: U.S. Bank National Association Global Corporate Trust Services 000 Xxxxx Xxxxx Xxxxxx, Xxxxx 0000 Xxxxxxx, Xxxxxxx 00000 Attention: Xxxx Xxxxxx-Xxxxx Facsimile No.: (000) 000-0000 The Trustee and the CompanyTrustee, by notice to the otherIssuer, may designate additional or different addresses for subsequent notices or communications. The Trustee agrees to accept and act upon instructions or directions pursuant to this Indenture sent by unsecured e-mail, PDF, facsimile transmission or other similar unsecured electronic methods, provided, however, that the Trustee shall have received an incumbency certificate listing persons designated to give such instructions or directions and containing specimen signatures of such designated persons, which such incumbency certificate shall be amended and replaced whenever a person is to be added or deleted from the listing. If the Company elects to give the Trustee e-mail or facsimile instructions (or instructions by a similar electronic method) and the Trustee in its discretion elects to act upon such instructions, the Trustee’s understanding of such instructions shall be deemed controlling. The Trustee shall not be liable for any losses, costs or expenses arising directly or indirectly from the Trustee’s reliance upon and compliance with such instructions notwithstanding such instructions conflict or are inconsistent with a subsequent written instruction. The Company agrees to assume all risks arising out of the use of such electronic methods to submit instructions and directions Notwithstanding anything to the Trusteecontrary in this Indenture, including without limitation the risk of the Trustee acting on unauthorized instructions, and the risk or interception and misuse by third parties. Any any notice or communication mailed to a Holder Noteholder shall be mailed to it by first class mail, postage prepaid, at its address as it appears on the Note Register and shall be sufficiently given to 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 in accordance with the Depositary’s customary procedures; provided, notwithstanding anything herein however, that notices to holders holding certificated Notes shall be given by mail to the contraryaddresses of such Holders as they appear in the Note Register. Failure to send mail a notice or communication to a Holder Noteholder or any defect in it shall not affect its sufficiency with respect to other HoldersNoteholders. If a notice or communication is sent mailed or given 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 anything to the contrary in this Indenture or the Notes, whenever any provision of this Indenture requires a party to send notice to another party, no such notice need be sent if the sending party and the recipient are the same person acting in different capacities.
Appears in 1 contract
Addresses for Notices, Etc. Any notice or demand that which by any provision of this Indenture as is required or permitted to be given or served by the Trustee or by the Holders holders of Notes on the Company and any notice, direction, request or demand hereunder to or upon the Trustee or to or upon any Noteholder shall be deemed to have been sufficiently given or made, for all purposes if given (i) upon receipt, when delivered personally; (ii) upon receipt, when sent by facsimile (evidence by mechanically or served by being deposited postage prepaid by registered or certified mail in a post office letter box addressed (until another address is filed electronically generated receipt by the Company sender’s facsimile machine); or (iii) one (1) Business Day after deposit with a nationally recognized overnight delivery service, in each case properly addressed to the Trustee) party to Nevro Corp.receive the same. The addresses and facsimile numbers of such communications shall be: If to the Company: Electroglas, Inc. 0000 Xxxxxx Xxxxxxx, Xxxxxxx Xxxxxxxxx Xxx Xxx Xxxx, XX 00000, Attention: Xxxxxx Xxxxxxxx, cc: Xxxx Xxxx, General Counsel, with a copy, which shall not constitute notice, to Xxxxxx & Xxxxxxx LLP, 000 Xxxxx Xxxxx, Menlo Park, CA 94025 (faxXxxxxxxxxx 00000 Telephone: (000) 000-0000), Attention: Xxxxx Xxxxx and 000 Xxxxx Xxxxxx Xxx Xxxx, XX 00000 (fax0000 Facsimile: (000) 000-0000) 0000 Attention: Xxxxxx X. Xxxxx with a copy to: Xxxxxxxx & Xxxxxxxx, LLP 000 Xxxx Xxxx Xxxx Xxxx Xxxx, Xxxxxxxxxx Telephone: (000) 000-0000 Facsimile: (000) 000-0000 Attention: Xxxxxx Xxxxxxx, Esq. 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 If to the Trustee: The Bank of New York Trust Company, N.A. 000 Xxxxx Xxxxxx Xxxxxx Xxx Xxxxxxx, XX 00000 Telephone: (000) 000-0000 Facsimile: (000) 000-0000 Attention: Corporate Trust Office or sent electronically Administration If to a Noteholder: At the address and facsimile number of such Noteholder, as set forth on the Note Register, which shall initially include the information set forth in PDF or any other widely used electronic formatthe Securities Purchase Agreement regarding notices. The Trustee will not be deemed to have any knowledge of the contents of any notice not actually received by it. The Trustee and the CompanyTrustee, by notice to the otherCompany, may designate additional or different addresses for subsequent notices or communications. The Trustee shall use reasonable commercial efforts to provide any notice of default, notice of redemption and notice of conversion to each holder by facsimile, if and to the extent such holder’s facsimile number is set forth in the Note Register. The Trustee agrees to accept and act upon facsimile transmission of written instructions or and/or directions pursuant to this Indenture sent given by unsecured e-mail, PDF, facsimile transmission or other similar unsecured electronic methodsthe Company, provided, howeverhowever that: (i) the Company, that subsequent to such facsimile transmission of written instructions and/or directions, shall provide the Trustee shall have received an incumbency certificate listing persons designated originally executed instructions and/or directions to give such instructions or directions and containing specimen signatures of such designated persons, which such incumbency certificate shall be amended and replaced whenever a person is to be added or deleted from the listing. If the Company elects to give the Trustee e-mail or facsimile instructions (or instructions by a similar electronic method) and the Trustee in its discretion elects to act upon a timely manner and (ii) such instructions, the Trustee’s understanding of such originally executed instructions and/or directions 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 Company agrees to assume all risks arising out signed by an authorized officer 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. Any notice or communication mailed to a Holder shall be mailed to it by first class mail, postage prepaid, at its address as it appears on the Note Register and shall be sufficiently given to 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, notwithstanding anything herein to the contraryCompany who could execute an Officer’s Certificate under this Indenture. Failure to send give a notice or communication to a Holder Noteholder or any defect in it shall not affect its sufficiency with respect to other HoldersNoteholders. If a notice or communication is sent given or made in the manner provided above, it is duly givengiven or made, 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 anything to the contrary in this Indenture or the Notes, whenever any provision of this Indenture requires a party to send notice to another party, no such notice need be sent if the sending party and the recipient are the same person acting in different capacities.
Appears in 1 contract
Samples: Electroglas Inc
Addresses for Notices, Etc. Any notice or demand that which by any provision of this Indenture as is required or permitted to be given or served by the Trustee or by the Holders of Notes on the Issuer or 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 as follows: To the Company with the Trustee) to Nevro Corp.Issuer: XX Xxxxx Operating Partnership, 0000 L.P. 000 Xxxxxxxxx Xxxxxx Xxxxxxx, Xxxxxxx Xxx Xxxx, XX 00000, Attention: Xxxxxx Xxxxxxxx, cc: Xxxx Xxxx, General Counsel, with a copy, which shall not constitute notice, to Xxxxxx & Xxxxxxx LLP, 000 Xxxxx Xxxxx, Menlo Park, CA 94025 (fax00000 Telecopier No.: (000) 000-0000), 0000 Attention: Xxxxx Xxxxx and General Counsel To the Guarantor: Reckson Operating Partnership, L.P. 000 Xxxxx Xxxxxxxxx Xxxxxx Xxx Xxxx, XX 00000 (faxTelecopier No.: (000) 000-0000) 0000 Attention: Xxxx Xxxxxxx. General Counsel To the Company: XX Xxxxx Realty Corp. 000 Xxxxxxxxx Xxxxxx Xxx Xxxx, XX 00000 Telecopier No.: (000) 000-0000 Attention: 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 facsimile transmission addressed to the as follows: The Bank of New York Mellon, as Trustee 000 Xxxxxxx Xxxxxx Floor 8W New York, NY 10286 Attention: Corporate Trust Office or sent electronically in PDF or any other widely used electronic format. Administration Facsimile No.: (000) 000-0000 The Trustee will not be deemed to have any knowledge of the contents of any notice not actually received by it. The Trustee and the CompanyTrustee, by notice to the otherIssuer, may designate additional or different addresses for subsequent notices or communications. Any notice or communication mailed to a Noteholder shall be mailed by first class mail, postage prepaid, at such Noteholder’s address as it appears on the Note Register and shall be sufficiently given to such Noteholder if so mailed within the time prescribed. Failure to mail a notice or communication to a Noteholder or any defect in it shall not affect its sufficiency with respect to other Noteholders. 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. The Trustee agrees to accept and act upon instructions or directions pursuant to this Indenture sent by unsecured e-mail, PDF, facsimile transmission or other similar unsecured electronic methods, provided, however, that the Trustee shall have received an incumbency certificate listing persons designated to give such instructions or directions and containing specimen signatures of such designated persons, which such incumbency certificate shall be amended and replaced whenever a person is to be added or deleted from the listing. If the Issuer or Company elects to give the Trustee e-mail or facsimile instructions (or instructions by a similar electronic method) and the Trustee in its discretion elects to act upon such instructions, the Trustee’s understanding of such instructions shall be deemed controlling. The Trustee shall not be liable for any losses, costs or expenses arising directly or indirectly from the Trustee’s reliance upon and compliance with such instructions notwithstanding such instructions conflict or are inconsistent with a subsequent written instruction. The Issuer and Company agrees agree 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. Any notice or communication mailed to a Holder shall be mailed to it by first class mail, postage prepaid, at its address as it appears on the Note Register and shall be sufficiently given to 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, notwithstanding anything herein to the contrary. Failure to send a notice or communication to a Holder or any defect in it shall not affect its sufficiency with respect to other Holders. If a notice or communication is 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. Notwithstanding anything to the contrary in this Indenture or the Notes, whenever any provision of this Indenture requires a party to send notice to another party, no such notice need be sent if the sending party and the recipient are the same person acting in different capacities.
Appears in 1 contract
Addresses for Notices, Etc. Any notice or demand that by any provision of this Indenture as is required or permitted to be given or served by the Trustee or by the 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 Nevro Corp., 0000 Xxxxxx Xxxxxxxto: Royal Caribbean Cruises Ltd. 1000 Xxxxxxxxx Xxx Xxxxx, Xxxxxxx Xxxx00000 Attn: Jxxxx X. Liberty, XX 00000Executive Vice President and Chief Financial Officer Axxxx X. Xxxxxx, Attention: Xxxxxx Xxxxxxxx, cc: Xxxx Xxxx, General Counsel, Vice President and Treasurer with a copy, which shall not constitute notice, to Xxxxxx & Xxxxxxx LLP, 000 Xxxxx copy to: Royal Caribbean Cruises Ltd. 1000 Xxxxxxxxx Xxx Xxxxx, Menlo Park, CA 94025 (faxXxxxxxx 00000 Attn: (000) 000-0000), Attention: Xxxxx Xxxxx and 000 Xxxxx Xxxxxx Xxx Xxxx, XX 00000 (fax: (000) 000-0000) Attention: Xxxx Xxxxxxx. General 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, 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 furnished by the Trustee to the Company) to: The Bank of New York Mellon Trust Company, N.A. 10000 Xxxxxxxxx Xxxxxxx Xxxxx, 0xx Xxxxx Xxxxxxxxxxxx, Xxxxxxx 00000 Attn: Corporate Trust Office or sent electronically in PDF or any other widely used electronic format. Administration The Trustee will not be deemed to have any knowledge of the contents of any notice not actually received by it. The Trustee and the CompanyTrustee, by notice to the otherCompany, may designate additional or different addresses for subsequent notices or communications. The Any notice or communication delivered or to be delivered to a Holder of Certificated Notes shall be mailed to it by first class mail, postage prepaid, at its address as it appears on the 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 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 send a notice or communication to a Holder or any defect in it shall not affect its sufficiency with respect to other Holders. If a notice or communication is 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, PDFpdf, facsimile transmission or other similar unsecured electronic methods, provided, however, provided that any communication sent to the Trustee shall have received an incumbency certificate listing persons designated hereunder must be in the form of a document that is signed manually or by way of a digital signature provided by DocuSign (or such other digital signature provider as specified in writing to give such instructions or directions and containing specimen signatures of such designated persons, which such incumbency certificate shall be amended and replaced whenever a person is to be added or deleted from Trustee by the listingauthorized representative). If the Company 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 Company 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. Any notice or communication mailed to a Holder shall be mailed to it by first class mail, postage prepaid, at its address as it appears on the Note Register and shall be sufficiently given to 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, notwithstanding anything herein to the contrary. Failure to send a notice or communication to a Holder or any defect in it shall not affect its sufficiency with respect to other Holders. If a notice or communication is 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. Notwithstanding anything to the contrary in this Indenture or the Notes, whenever any provision of this Indenture requires a party to send notice to another party, no such notice need be sent if the sending party and the recipient are the same person acting in different capacities.
Appears in 1 contract
Addresses for Notices, Etc. Any notice or demand that which by any provision of this Indenture as is required or permitted to be given or served by the Trustee or by the Holders of Notes on the Company Issuer or Guarantor 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 Nevro Corp.as follows: To Issuer: BioMed Realty, 0000 L.P. 00000 Xxxxxxxx Xxxxxx XxxxxxxDrive San Diego, Xxxxxxx Xxxx, XX 00000, Attention: Xxxxxx Xxxxxxxx, cc: Xxxx Xxxx, General Counsel, with a copy, which shall not constitute notice, to Xxxxxx & Xxxxxxx LLP, 000 Xxxxx Xxxxx, Menlo Park, CA 94025 (faxCalifornia 92128 Telecopier No.: (000) 000-0000), 0000 Attention: Xxxxx Xxxxx and 000 Xxxxx General Counsel To Guarantor: BioMed Realty Trust, Inc. 00000 Xxxxxxxx Xxxxxx Xxx XxxxDrive San Diego, XX 00000 (faxCalifornia 92128 Telecopier No.: (000) 000-0000) 0000 Attention: Xxxx Xxxxxxx. 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: U.S. Bank National Association 000 Xxxx Xxxxx Xxxxxx, 00xx Xxxxx Xxx Xxxxxxx, Xxxxxxxxxx 00000 Telecopier No.: (000) 000-0000 Attention: Xxxxx X. Xxxxxx, Corporate Trust Office or sent electronically in PDF or any other widely used electronic format. Services (BioMed Realty 2010 Indenture) The Trustee will not be deemed to have any knowledge of the contents of any notice not actually received by it. The Trustee and the CompanyTrustee, by notice to the otherIssuer, may designate additional or different addresses for subsequent notices or communications. The Trustee agrees to accept and act upon instructions or directions pursuant to this Indenture sent by unsecured e-mail, PDF, facsimile transmission or other similar unsecured electronic methods, provided, however, that the Trustee shall have received an incumbency certificate listing persons designated to give such instructions or directions and containing specimen signatures of such designated persons, which such incumbency certificate shall be amended and replaced whenever a person is to be added or deleted from the listing. If the Company elects to give the Trustee e-mail or facsimile instructions (or instructions by a similar electronic method) and the Trustee in its discretion elects to act upon such instructions, the Trustee’s understanding of such instructions shall be deemed controlling. The Trustee shall not be liable for any losses, costs or expenses arising directly or indirectly from the Trustee’s reliance upon and compliance with such instructions notwithstanding such instructions conflict or are inconsistent with a subsequent written instruction. The Company agrees to assume all risks arising out of the use of such electronic methods to submit instructions and directions to the Trustee, including without limitation the risk of the Trustee acting on unauthorized instructions, and the risk or interception and misuse by third parties. Any notice or communication mailed to a Holder Noteholder shall be mailed to it by first class mail, postage prepaid, at its such Noteholder’s address as it appears on the Note Register and shall be sufficiently given to it such Noteholder 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, notwithstanding anything herein to the contrary. Failure to send mail a notice or communication to a Holder Noteholder or any defect in it shall not affect its sufficiency with respect to other HoldersNoteholders. If a notice or communication is sent 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 anything to the contrary in this Indenture or the Notes, whenever any provision of this Indenture requires a party to send notice to another party, no such notice need be sent if the sending party and the recipient are the same person acting in different capacities.77
Appears in 1 contract
Samples: Indenture (BioMed Realty Trust Inc)
Addresses for Notices, Etc. Any notice or demand that which by any provision of this Indenture as is required or permitted to be given or served by the Trustee or by the Holders of Debentures on the Company Issuer or Guarantor 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: To Issuer: Digital Realty Trust, L.P. 000 Xxxxxxx Xxxxxx, Xxxxx 0000 Xxx Xxxxxxxxx, Xxxxxxxxxx 00000 Telecopier No.: (until another address is filed by the Company with the Trustee415) to Nevro Corp., 0000 Xxxxxx Xxxxxxx, Xxxxxxx Xxxx, XX 00000, 738–6521 Attention: Xxxxxx XxxxxxxxGeneral Counsel To Guarantor: Digital Realty Trust, cc: Xxxx XxxxInc. 000 Xxxxxxx Xxxxxx, General CounselXxxxx 0000 Xxx Xxxxxxxxx, with a copy, which shall not constitute notice, to Xxxxxx & Xxxxxxx LLP, 000 Xxxxx Xxxxx, Menlo Park, CA 94025 (faxXxxxxxxxxx 00000 Telecopier No.: (000415) 000-0000), 738–6521 Attention: Xxxxx Xxxxx and 000 Xxxxx Xxxxxx Xxx Xxxx, XX 00000 (fax: (000) 000-0000) Attention: Xxxx Xxxxxxx. 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: Xxxxx Fargo Bank, National Association 000 Xxxxxxxx Xxxx., 00xx Xxxxx Xxx Xxxxxxx, XX 00000 Telecopier No.: (000) 000-0000 Attention: Corporate Trust Office or sent electronically in PDF or any other widely used electronic format. Services The Trustee will not be deemed to have any knowledge of the contents of any notice not actually received by it. The Trustee and the CompanyTrustee, by notice to the otherIssuer, may designate additional or different addresses for subsequent notices or communications. The Trustee agrees to accept and act upon instructions or directions pursuant to this Indenture sent by unsecured e-mail, PDF, facsimile transmission or other similar unsecured electronic methods, provided, however, that the Trustee shall have received an incumbency certificate listing persons designated to give such instructions or directions and containing specimen signatures of such designated persons, which such incumbency certificate shall be amended and replaced whenever a person is to be added or deleted from the listing. If the Company elects to give the Trustee e-mail or facsimile instructions (or instructions by a similar electronic method) and the Trustee in its discretion elects to act upon such instructions, the Trustee’s understanding of such instructions shall be deemed controlling. The Trustee shall not be liable for any losses, costs or expenses arising directly or indirectly from the Trustee’s reliance upon and compliance with such instructions notwithstanding such instructions conflict or are inconsistent with a subsequent written instruction. The Company agrees to assume all risks arising out of the use of such electronic methods to submit instructions and directions to the Trustee, including without limitation the risk of the Trustee acting on unauthorized instructions, and the risk or interception and misuse by third parties. Any notice or communication mailed to a Holder Debentureholder shall be mailed to it by first class mail, postage prepaid, at its such Debentureholder’s address as it appears on the Note Debenture Register and shall be sufficiently given to it such Debentureholder 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, notwithstanding anything herein to the contrary. Failure to send mail a notice or communication to a Holder Debentureholder or any defect in it shall not affect its sufficiency with respect to other HoldersDebentureholders. If a notice or communication is sent 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 anything to the contrary in this Indenture or the Notes, whenever any provision of this Indenture requires a party to send notice to another party, no such notice need be sent if the sending party and the recipient are the same person acting in different capacities.
Appears in 1 contract
Addresses for Notices, Etc. Any notice or demand that which by any provision of this Indenture as is required or permitted to be given or served by the Trustee Trustees or by the Holders holders of 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 Nevro Corp., 0000 Xxxxxx Xxxxxxx, Xxxxxxx Xxxx, XX 00000, Attention: Xxxxxx Xxxxxxxx, cc: Xxxx Xxxx, General Counsel, with a copy, which shall not constitute notice, to Xxxxxx & Xxxxxxx LLP, 000 Xxxxx Xxxxx, Menlo Park, CA 94025 (fax: (000) 000-0000), Attention: Xxxxx Xxxxx and 000 Xxxxx Xxxxxx Xxx Xxxx, XX 00000 (fax: (000) 000-0000) Attention: Xxxx Xxxxxxx. Any notice, direction, request or demand hereunder to or upon the Trustee Issuer 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 telecopier transmission addressed as follows: to the Corporate Trust Office Issuer: Tower Semiconductor Ltd. Ramat Gavriel Industrial Park P.O. Box 619 Xxxxxx Haemek 00000 Xxxxxx Attention: Chief Financial Officer Facsimile: +000 (0) 0-000-0000. Any notice, direction, request or sent electronically in PDF demand hereunder to or any other widely used electronic format. The Trustee will not upon the Trustees shall be deemed to have any knowledge 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 telecopier transmission addressed as follows: The Bank of the contents New York Xxx Xxxxxx Xxxxxx Xxxxxx X00 0XX Xxxxxx Xxxxxxx Facsimile: +44 (0) 000-000 0000 Attention: Corporate Trust Administration and Hermetic Trust (1975) Ltd of any notice not actually received by itXxxxxxxx Xxxxxx 000 Xxx Xxxx Xxxxxx Facsimile: +972 (0) 3-527 1736 Attention: Xxx Xxxxx, Esq. The Trustee and the CompanyTrustees, by notice to the otherIssuer, may designate additional or different addresses for subsequent notices or communications. The Trustee agrees to accept and act upon instructions or directions pursuant to this Indenture sent by unsecured e-mail, PDF, facsimile transmission or other similar unsecured electronic methods, provided, however, that the Trustee shall have received an incumbency certificate listing persons designated to give such instructions or directions and containing specimen signatures of such designated persons, which such incumbency certificate shall be amended and replaced whenever a person is to be added or deleted from the listing. If the Company elects to give the Trustee e-mail or facsimile instructions (or instructions by a similar electronic method) and the Trustee in its discretion elects to act upon such instructions, the Trustee’s understanding of such instructions shall be deemed controlling. The Trustee shall not be liable for any losses, costs or expenses arising directly or indirectly from the Trustee’s reliance upon and compliance with such instructions notwithstanding such instructions conflict or are inconsistent with a subsequent written instruction. The Company agrees to assume all risks arising out of the use of such electronic methods to submit instructions and directions to the Trustee, including without limitation the risk of the Trustee acting on unauthorized instructions, and the risk or interception and misuse by third parties. Any notice or communication mailed to a Holder Noteholder shall be mailed to it him by first class mail, postage prepaid, at its his address as it appears on the Note Register register and shall be sufficiently given to it him 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, notwithstanding anything herein to the contrary. Failure to send mail a notice or communication to a Holder Noteholder or any defect in it shall not affect its sufficiency with respect to other HoldersNoteholders. If a notice or communication is sent 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 anything to the contrary in this Indenture or the Notes, whenever any provision of this Indenture requires a party to send notice to another party, no such notice need be sent if the sending party and the recipient are the same person acting in different capacities.
Appears in 1 contract
Samples: Tower Semiconductor LTD
Addresses for Notices, Etc. Any notice or demand that which by any provision of this Indenture as is required or permitted to be given or served by the Trustee or by the Holders of Notes on the Company Issuer or Guarantor 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 Nevro Corp.as follows: To Issuer: BioMed Realty, 0000 L.P. 10000 Xxxxxxxx Xxxxxx XxxxxxxDrive, Xxxxxxx XxxxSuite 222 San Diego, XX 00000, Attention: Xxxxxx Xxxxxxxx, cc: Xxxx Xxxx, General Counsel, with a copy, which shall not constitute notice, to Xxxxxx & Xxxxxxx LLP, 000 Xxxxx Xxxxx, Menlo Park, CA 94025 (faxCalifornia 92128 Telecopier No.: (000) 000-0000), 0000 Attention: Xxxxx Xxxxx and 000 Xxxxx General Counsel To Guarantor: BioMed Realty Trust, Inc. 10000 Xxxxxxxx Xxxxxx Xxx XxxxDrive, XX 00000 (faxSuite 222 San Diego, California 92128 Telecopier No.: (000) 000-0000) 0000 Attention: Xxxx Xxxxxxx. 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: U.S. Bank National Association 600 Xxxx Xxxxx Xxxxxx, 00xx Xxxxx Xxx Xxxxxxx, Xxxxxxxxxx 00000 Telecopier No.: (000) 000-0000 Attention: Corporate Trust Office or sent electronically in PDF or any other widely used electronic format. Services The Trustee will not be deemed to have any knowledge of the contents of any notice not actually received by it. The Trustee and the CompanyTrustee, by notice to the otherIssuer, may designate additional or different addresses for subsequent notices or communications. The Trustee agrees to accept and act upon instructions or directions pursuant to this Indenture sent by unsecured e-mail, PDF, facsimile transmission or other similar unsecured electronic methods, provided, however, that the Trustee shall have received an incumbency certificate listing persons designated to give such instructions or directions and containing specimen signatures of such designated persons, which such incumbency certificate shall be amended and replaced whenever a person is to be added or deleted from the listing. If the Company elects to give the Trustee e-mail or facsimile instructions (or instructions by a similar electronic method) and the Trustee in its discretion elects to act upon such instructions, the Trustee’s understanding of such instructions shall be deemed controlling. The Trustee shall not be liable for any losses, costs or expenses arising directly or indirectly from the Trustee’s reliance upon and compliance with such instructions notwithstanding such instructions conflict or are inconsistent with a subsequent written instruction. The Company agrees to assume all risks arising out of the use of such electronic methods to submit instructions and directions to the Trustee, including without limitation the risk of the Trustee acting on unauthorized instructions, and the risk or interception and misuse by third parties. Any notice or communication mailed to a Holder Noteholder shall be mailed to it by first class mail, postage prepaid, at its such Noteholder’s address as it appears on the Note Register and shall be sufficiently given to it such Noteholder 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, notwithstanding anything herein to the contrary. Failure to send mail a notice or communication to a Holder Noteholder or any defect in it shall not affect its sufficiency with respect to other HoldersNoteholders. If a notice or communication is sent 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 anything to the contrary in this Indenture or the Notes, whenever any provision of this Indenture requires a party to send notice to another party, no such notice need be sent if the sending party and the recipient are the same person acting in different capacities.
Appears in 1 contract
Samples: Indenture (BioMed Realty Trust Inc)
Addresses for Notices, Etc. Any notice or demand that which by any provision of this Indenture as is required or permitted to be given or served by the Trustee or by the Holders of Notes on the Company Issuer or Guarantor 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 Nevro Corp.as follows: To Issuer: MPT Operating Partnership, 0000 L.P. 1000 Xxxxx Xxxxxx XxxxxxxXxxxx, Xxxxx 000 Xxxxxxxxxx, Xxxxxxx Xxxx, XX 00000, 00000 Telecopier No.: 200-000-0000 Attention: General Counsel To Guarantor: Medical Properties Trust, Inc. 1000 Xxxxx Xxxxxx Xxxxxxxx, cc: Xxxx Xxxx, General Counsel, with a copy, which shall not constitute notice, to Xxxxxx & Xxxxxxx LLP, 000 Xxxxx Xxxxx, Menlo ParkXxxxx 000 Xxxxxxxxxx, CA 94025 (faxXxxxxxx 00000 Telecopier No.: (000) 200-000-0000), 0000 Attention: Xxxxx Xxxxx and 000 Xxxxx Xxxxxx Xxx Xxxx, XX 00000 (fax: (000) 000-0000) Attention: Xxxx Xxxxxxx. 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 addressed to the Corporate Trust Office box, or sent electronically in PDF by overnight courier, or any other widely used electronic format. sent by facsimile transmission addressed as follows: 84 Wilmington Trust Company, as Trustee Rxxxxx Square North 1000 X. Xxxxxx Xxxxxx Xxxxxxxxxx, XX 00000-0000 Attention: Corporate Capital Markets Facsimile No.: 300-000-0000 The Trustee will not be deemed to have any knowledge of the contents of any notice not actually received by it. The Trustee and the CompanyTrustee, by notice to the otherIssuer, may designate additional or different addresses for subsequent notices or communications. The Trustee agrees to accept and act upon instructions or directions pursuant to this Indenture sent by unsecured e-mail, PDF, facsimile transmission or other similar unsecured electronic methods, provided, however, that the Trustee shall have received an incumbency certificate listing persons designated to give such instructions or directions and containing specimen signatures of such designated persons, which such incumbency certificate shall be amended and replaced whenever a person is to be added or deleted from the listing. If the Company elects to give the Trustee e-mail or facsimile instructions (or instructions by a similar electronic method) and the Trustee in its discretion elects to act upon such instructions, the Trustee’s understanding of such instructions shall be deemed controlling. The Trustee shall not be liable for any losses, costs or expenses arising directly or indirectly from the Trustee’s reliance upon and compliance with such instructions notwithstanding such instructions conflict or are inconsistent with a subsequent written instruction. The Company agrees to assume all risks arising out of the use of such electronic methods to submit instructions and directions to the Trustee, including without limitation the risk of the Trustee acting on unauthorized instructions, and the risk or interception and misuse by third parties. Any notice or communication mailed to a Holder Noteholder shall be mailed to it by first class mail, postage prepaid, at its such Noteholder’s address as it appears on the Note Register and shall be sufficiently given to it such Noteholder 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, notwithstanding anything herein to the contrary. Failure to send mail a notice or communication to a Holder Noteholder or any defect in it shall not affect its sufficiency with respect to other HoldersNoteholders. If a notice or communication is sent mailed or given 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 anything to the contrary in this Indenture or the Notes, whenever any provision of this Indenture requires a party to send notice to another party, no such notice need be sent if the sending party and the recipient are the same person acting in different capacities.
Appears in 1 contract
Addresses for Notices, Etc. Any notice or demand that which by any provision of this Indenture as is required or permitted to be given or served by the Trustee or by the Holders of Notes of the applicable series on the Company Issuer or Guarantor 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 .pdf transmission (receipt of which has been confirmed via return email) addressed (until another address is filed by the Company with the Trustee) to Nevro Corp.as follows: To Issuer: Essex Portfolio, L.P. 0000 Xxxx Xxxxx, Xxxxx 000 Xxx Xxxxx, Xxxxxxxxxx 00000 Email: xxxxxxxx@xxxxx.xxx Attention: Xxxxxx Xxxxxxx, Xxxxxxx XxxxChief Financial Officer To Guarantor: Essex Property Trust, XX 00000Inc. 0000 Xxxx Xxxxx, Xxxxx 000 Xxx Xxxxx, Xxxxxxxxxx 00000 Email: xxxxxxxx@xxxxx.xxx Attention: Xxxxxx XxxxxxxxXxxxxxx, cc: Xxxx Xxxx, General Counsel, with a copy, which shall not constitute notice, to Xxxxxx & Xxxxxxx LLP, 000 Xxxxx Xxxxx, Menlo Park, CA 94025 (fax: (000) 000-0000), Attention: Xxxxx Xxxxx and 000 Xxxxx Xxxxxx Xxx Xxxx, XX 00000 (fax: (000) 000-0000) Attention: Xxxx Xxxxxxx. Chief 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 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: U.S. Bank National Association Global Corporate Trust Office Services Xxx Xxxxxxxxxx Xxxxxx, Xxxxx 0000 Xxx Xxxxxxxxx, Xxxxxxxxxx 00000 Fax: (000) 000-0000 Attention: Xxxxx Xxxxx (Essex Portfolio) The Issuer, any Guarantor or sent electronically in PDF or any other widely used electronic format. The Trustee will not be deemed to have any knowledge of the contents of any notice not actually received by it. The Trustee and the CompanyTrustee, by written notice to the otherothers, may designate additional or different addresses for subsequent notices or communications. The Trustee agrees to accept and act upon instructions or directions pursuant to this Indenture sent by unsecured e-mail, PDF, facsimile transmission or other similar unsecured electronic methods, provided, however, that the Trustee shall have received an incumbency certificate listing persons designated to give such instructions or directions and containing specimen signatures of such designated persons, which such incumbency certificate shall be amended and replaced whenever a person is to be added or deleted from the listing. If the Company elects to give the Trustee e-mail or facsimile instructions (or instructions by a similar electronic method) and the Trustee in its discretion elects to act upon such instructions, the Trustee’s understanding of such instructions shall be deemed controlling. The Trustee shall not be liable for any losses, costs or expenses arising directly or indirectly from the Trustee’s reliance upon and compliance with such instructions notwithstanding such instructions conflict or are inconsistent with a subsequent written instruction. The Company agrees to assume all risks arising out of the use of such electronic methods to submit instructions and directions to the Trustee, including without limitation the risk of the Trustee acting on unauthorized instructions, and the risk or interception and misuse by third parties. Any notice or communication mailed to a Holder Noteholder shall be mailed to it by first class mail, postage prepaid, at its such Noteholder’s address as it appears on the Note Register and shall be sufficiently given to it such Noteholder if so mailed within the time prescribed; provided that notices given . Any notice or communication will also be so mailed to Holders of Global Notes may be given through any Person in the facilities of the DepositaryTrust Indenture Act, notwithstanding anything herein to the contraryextent required by the Trust Indenture Act. Failure to send mail a notice or communication to a Holder Noteholder or any defect in it shall not affect its sufficiency with respect to other HoldersNoteholders. If a notice or communication is sent 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 anything to the contrary in this Indenture or the Notes, whenever any provision of this Indenture requires a party to send notice to another party, no such notice need be sent if the sending party and the recipient are the same person acting in different capacities.
Appears in 1 contract
Samples: Essex Portfolio Lp