Addresses for Notices, Etc. Any notice or demand which by any provision of this Indenture is required or permitted to be given or served by the Trustee or by the Holders of Securities to or on the Company or the Guarantor may be given or served by being deposited postage prepaid first class mail in a post office letter box addressed (until another address is filed by the Company with the Trustee), as follows: if to the Company, Aon plc, 0 Xxxxxxxxxx Xxxxxx, Xxxxxx, Xxxxxxx, Attention: Treasurer; and if to the Guarantor, Aon Corporation, 000 Xxxx Xxxxxxxx Xxxxxx, Chicago, Illinois 60601, Attention: Treasurer. Any notice, direction, request or demand by the Company or the Guarantor, or any Securityholder to or upon the Trustee shall be deemed to have been sufficiently given or made, for all purposes, if given or made in writing at its Corporate Trust Department, 0 X. XxXxxxx Street, Suite 1020, Chicago, Illinois 60602, or at any other address previously furnished in writing to the Company by the Trustee. 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 elects to give the Trustee e-mail or facsimile instructions (or instructions by a similar electronic method) and the Trustee in its reasonable discretion elects to act upon such instructions, the Trustee’s understanding of such instructions shall be deemed controlling, absent gross negligence or manifest error. The Trustee shall not be liable for any losses, costs or expenses arising directly or indirectly from the Trustee’s prior reliance upon and compliance with such instructions notwithstanding such instructions conflict or are inconsistent with a subsequent written instruction. The Issuer agrees to assume all risks arising out of the use of any such electronic methods to submit instructions and directions to the Trustee, including without limitation the risk of the Trustee acting on unauthorized instructions, and the risk or interception and misuse by third parties.
Appears in 5 contracts
Samples: Indenture (Aon PLC), Indenture (Aon PLC), Indenture (Aon PLC)
Addresses for Notices, Etc. Any notice or demand which by any provision of this Indenture is required or permitted to be given or served by the Trustee or by the Holders of Securities to or on the Company or the Guarantor may be given or served by being deposited postage prepaid first class mail in a post office letter box addressed (until another address is filed by the Company with the Trustee), as follows: if to the Company, Aon plc, 0 000 Xxxxxxxxxx Xxxxxx, Xxxxxx, Xxxxxxx, Attention: Treasurer; and if to the Guarantor, Aon Corporation, 000 Xxxx Xxxxxxxx Xxxxxx, Chicago, Illinois 60601, Attention: Treasurer. Any notice, direction, request or demand by the Company or the Guarantor, or any Securityholder to or upon the Trustee shall be deemed to have been sufficiently given or made, for all purposes, if given or made in writing at its Corporate Trust Department, 0 X. XxXxxxx Street, Suite 1020, Chicago, Illinois 60602, or at any other address previously furnished in writing to the Company by the Trustee. 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 elects to give the Trustee e-mail or facsimile instructions (or instructions by a similar electronic method) and the Trustee in its reasonable discretion elects to act upon such instructions, the Trustee’s understanding of such instructions shall be deemed controlling, absent gross negligence or manifest error. The Trustee shall not be liable for any losses, costs or expenses arising directly or indirectly from the Trustee’s prior reliance upon and compliance with such instructions notwithstanding such instructions conflict or are inconsistent with a subsequent written instruction. The Issuer agrees to assume all risks arising out of the use of any such electronic methods to submit instructions and directions to the Trustee, including without limitation the risk of the Trustee acting on unauthorized instructions, and the risk or interception and misuse by third parties.
Appears in 3 contracts
Samples: Indenture (Aon PLC), Indenture (Aon Corp), Indenture (Aon Corp)
Addresses for Notices, Etc. Any notice or demand which by any provision of this Indenture is required or permitted to be given or served by the Trustee or by the Holders of Securities to or on the Company or the Guarantor may be given or served by being deposited postage prepaid first class mail in a post office letter box addressed (until another address is filed by the Company with the Trustee), as follows: if to the Company, Aon plcAccenture Capital Inc., 0 Xxxxxxxxxx Xxxxxx, 000 Xxxx Xxxxxxx Xxxxxx, Xxxxxxx, XX 00000, Attention: TreasurerXxxxx X. Xxxxxx; and if to the Guarantor, Aon CorporationAccenture plc, c/o Accenture LLP, 000 Xxxx Xxxxxxxx Xxxxxxx Xxxxxx, ChicagoXxxxxxx, Illinois 60601XX 00000, Attention: TreasurerXxxxx X. Xxxxxx. Any notice, direction, request or demand by the Company or the Guarantor, or any Securityholder to or upon the Trustee shall be deemed to have been sufficiently given or made, for all purposes, if given or made in writing at its Corporate Trust Department, 0 X. XxXxxxx Street000 Xxxxx Xxxxxx Xxxxx, Suite 10206200B, Floor 62, Mailbox #44, Chicago, Illinois 6060260606, Email: xxxx.xxxxxxx@xxx.xxx, Phone: 000-000-0000, or at any other address previously furnished in writing to the Company by the Trustee. The Trustee agrees shall have the right to accept and act upon instructions, including funds transfer instructions or directions (“Instructions”) given pursuant to this Indenture sent by unsecured e-mail, pdf, facsimile transmission or other similar unsecured electronic methods, and delivered using Electronic Means; provided, however, that the Issuer and/or the Guarantor, as applicable, shall provide to the Trustee shall have received an incumbency certificate listing persons designated officers with the authority to give provide such instructions or directions Instructions (“Authorized Officers”) and containing specimen signatures of such designated personsAuthorized Officers, which such incumbency certificate shall be amended and replaced by the Issuer and/or the Guarantor, as applicable, whenever a person is to be added or deleted from the listing. If the Issuer and/or the Guarantor, as applicable, elects to give the Trustee e-mail or facsimile instructions (or instructions by a similar electronic method) Instructions using Electronic Means and the Trustee in its reasonable discretion elects to act upon such instructionsInstructions, the Trustee’s understanding of such instructions Instructions shall be deemed controlling. The Issuer and the Guarantor understand and agree that the Trustee cannot determine the identity of the actual sender of such Instructions and that the Trustee shall conclusively presume that directions that purport to have been sent by an Authorized Officer listed on the incumbency certificate provided to the Trustee have been sent by such Authorized Officer. The Issuer and the Guarantor shall be responsible for ensuring that only Authorized Officers transmit such Instructions to the Trustee and that the Issuer, absent gross negligence or manifest errorthe Guarantor and all Authorized Officers are solely responsible to safeguard the use and confidentiality of applicable user and authorization codes, passwords and/or authentication keys upon receipt by the Issuer and/or the Guarantor, as applicable. The Trustee shall not be liable for any losses, costs or expenses arising directly or indirectly from the Trustee’s prior reliance upon and compliance with such instructions Instructions notwithstanding such instructions directions conflict or are inconsistent with a subsequent written instruction. The Issuer agrees and the Guarantor agree: (i) to assume all risks arising out of the use of any such electronic methods Electronic Means to submit instructions and directions Instructions to the Trustee, including without limitation the risk of the Trustee acting on unauthorized instructionsInstructions, and the risk or of interception and misuse by third parties; (ii) that it is fully informed of the protections and risks associated with the various methods of transmitting Instructions to the Trustee and that there may be more secure methods of transmitting Instructions than the method(s) selected by the Issuer and/or the Guarantor, as applicable; (iii) that the security procedures (if any) to be followed in connection with its transmission of Instructions provide to it a commercially reasonable degree of protection in light of its particular needs and circumstances; and (iv) to notify the Trustee immediately upon learning of any compromise or unauthorized use of the security procedures.
Appears in 2 contracts
Samples: Indenture (Accenture PLC), Indenture (Accenture Global Capital DAC)
Addresses for Notices, Etc. Any notice or demand which by any provision of this Indenture is required or permitted to be given or served by the Trustee or by the Holders of Securities to or on the Company or the Guarantor may be given or served by being deposited postage prepaid first class mail in a post office letter box addressed (until another address is filed by the Company with the Trustee), as follows: if communication to the Company, Aon plcthe Guarantor or the Trustee shall be sufficiently given if in writing in English and delivered in person or mailed by certified or registered mail (return receipt requested), 0 Xxxxxxxxxx Xxxxxxe-mail in PDF format, Xxxxxxfacsimile, Xxxxxxxor overnight courier guaranteeing next day delivery, Attentionaddressed as follows: Treasurer; and if If to the Guarantor, Aon Corporation, 000 Xxxx Xxxxxxxx Xxxxxx, Chicago, Illinois 60601, Attention: Treasurer. Any notice, direction, request or demand by the Company or the Guarantor: Transocean Inc. 00 Xxxxxxx Xxxxx P.O. Box 10342 Grand Cayman, Cayman Islands KY1-1003 Attention: Chief Financial Officer If to the Trustee: Computershare Trust Company, N.A. 0000 Xxxxxx Xxxxxxxxx, Xxxxx 000 Xxxxxxxxx Xxxxx, Xxxxxxxx 00000 Attention: Corporate Trust Office and Computershare Trust Company of Canada 0000 Xxxxxx-Xxxxxxxx Boulevard, 7th Floor Montreal, Quebec H3A 3S8 Attention: Corporate Trust Office The Company, the Guarantor or any Securityholder to or upon the Trustee shall be deemed to have been sufficiently given or made, for all purposes, if given or made in writing at its Corporate Trust Department, 0 X. XxXxxxx Street, Suite 1020, Chicago, Illinois 60602, or at any other address previously furnished in writing by notice to the Company by the Trusteeothers 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, pdfmail in PDF format, 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 Company or the Guarantor elects to give the Trustee e-mail in PDF format or facsimile instructions (or instructions by a similar electronic method) and the Trustee in its reasonable discretion elects to act upon such instructions, the Trustee’s reasonable understanding of such instructions shall be deemed controlling, absent gross negligence or manifest error. The Trustee shall not be liable for any losses, costs or expenses arising directly or indirectly from the Trustee’s prior reasonable reliance upon and compliance with such instructions notwithstanding such instructions conflict or are inconsistent with a subsequent written instruction. The Issuer Each of the Company and the Guarantor agrees to assume all risks arising out of incidents of actual use by the use Company and the Guarantor of any such electronic methods to submit instructions and directions to the Trustee, including without limitation the risk of the Trustee acting on unauthorized instructions, instructions and the risk or of interception and misuse by third parties. All notices and communications described above shall be deemed to have been duly given: at the time delivered by hand, if personally delivered; five Business Days after being deposited in the mail, postage prepaid, if mailed; when sent, if by e-mail in PDF format; when receipt acknowledged, if faxed; and the next Business Day after timely delivery to the courier, if sent by overnight courier guaranteeing next day delivery. Any notice or communication delivered or to be delivered to a Holder of Physical Bonds shall be mailed to it by first class mail, postage prepaid, at its address as it appears on the Bond Register and shall be sufficiently given to it if so mailed within the time prescribed. Any notice or communication delivered or to be delivered to a Holder of Global Bonds shall be delivered in accordance with the applicable procedures of the Depositary and shall be sufficiently given to it if so delivered within the time prescribed. Failure to mail or deliver a notice or communication to a Holder or any defect in it shall not affect its sufficiency with respect to other Holders. If a notice or communication is mailed or delivered, as the case may be, in the manner provided above, it is duly given, whether or not the addressee receives it.
Appears in 2 contracts
Samples: Transocean Inc, Transocean Ltd.
Addresses for Notices, Etc. Any notice or demand which that by any provision of this Indenture is required or permitted to be given or served by the Trustee or by the Holders of Securities to or on the Company shall be deemed to have been sufficiently given or the Guarantor may be made, for all purposes if given or served by overnight courier or by being deposited postage prepaid first class by registered or certified mail in a post office letter box addressed (until another address is filed by the Company with the Trustee)) to Flexion Therapeutics, as follows: if to the CompanyInc., Aon plc00 Xxxx Xxxx, 0 Xxxxxxxxxx XxxxxxXxxxx 000, XxxxxxXxxxxxxxxx, XxxxxxxXX 00000, Attention: Treasurer; and if to the Guarantor, Aon Corporation, 000 Xxxx Xxxxxxxx Xxxxxx, Chicago, Illinois 60601, Attention: TreasurerGeneral Counsel. Any notice, direction, request or demand by the Company or the Guarantor, or any Securityholder hereunder to or upon the Trustee shall be deemed to have been sufficiently given or made, for all purposes, if given or made served by being deposited postage prepaid by registered or certified mail in writing at its a post office letter box addressed to the Corporate Trust DepartmentOffice or sent electronically in PDF format. The Trustee, 0 X. XxXxxxx Street, Suite 1020, Chicago, Illinois 60602, or at any other address previously furnished in writing by notice to the Company by the TrusteeCompany, may designate additional or different addresses for subsequent notices or communications. The Trustee agrees shall have the right, but shall not be required, to accept rely upon and act upon comply with instructions or and directions pursuant to this Indenture sent by unsecured e-mail, pdf, facsimile transmission or and other similar unsecured electronic methodsmethods by persons believed by the Trustee to be authorized to give instructions and directions on behalf of the Company or any Person. The Trustee shall have no duty or obligation to verify or confirm that the Person who sent such instructions or directions is, providedin fact, however, that a Person authorized to give instructions or directions on behalf of the Company; and 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 elects to give the Trustee e-mail or facsimile instructions (or instructions by a similar electronic method) and the Trustee in its reasonable discretion elects to act upon such instructions, the Trustee’s understanding of such instructions shall be deemed controlling, absent gross negligence or manifest error. The Trustee shall not be liable no liability for any losses, liabilities, costs or expenses arising directly incurred or indirectly from sustained by the Trustee’s prior Company as a result of such reliance upon and or compliance with such instructions notwithstanding such instructions conflict or are inconsistent with a subsequent written instructiondirections. The Issuer Company agrees to assume all risks arising out of the use of any such electronic methods to submit instructions and directions to the Trustee, including including, without limitation limitation, the risk of the Trustee acting on unauthorized instructions, and the risk or of interception and misuse by third parties. Any notice or communication 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. Any notice or communication delivered or to be delivered to a Holder of Global Notes shall be delivered in accordance with the Applicable Procedures and shall be sufficiently given to it if so delivered within the time prescribed. Notwithstanding any other provision of this Indenture or any Note, where this Indenture or any Note provides for notice of any event (including any Notice of Redemption or Fundamental Change Company Notice) to a Holder of a Global Note (whether by mail or otherwise), such notice shall be sufficiently given if given to the Depositary (or its designee) pursuant to the standing instructions from the Depositary or its designee, including by electronic mail in accordance with Applicable Procedures. Failure to 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 mailed or delivered, as the case may be, in the manner provided above, it is duly given, whether or not the addressee receives it. In case by reason of the suspension of regular mail service or by reason of any other cause it shall be impracticable to give such notice to Holders by mail, then such notification as shall be made with the approval of the Trustee shall constitute a sufficient notification for every purpose hereunder.
Appears in 2 contracts
Samples: Pacira BioSciences, Inc., Indenture (Flexion Therapeutics Inc)
Addresses for Notices, Etc. Any notice or demand which that by any provision of this Indenture is required or permitted to be given or served by the Trustee or by the Holders of Securities to or on the Company shall be deemed to have been sufficiently given or the Guarantor may be made, for all purposes if given or served by overnight courier or by being deposited postage prepaid first class by registered or certified mail in a post office letter box addressed (until another address is filed by the Company with the Trustee)) to Teladoc, as follows: if to the Company, Aon plcInc., 0 Xxxxxxxxxx XxxxxxXxxxxxxxxxxxxx Xxxx, XxxxxxXxxxx 000, XxxxxxxXxxxxxxx, Xxx Xxxx 00000; Attention: Treasurer; and if to the Guarantor, Aon Corporation, 000 Xxxx Xxxxxxxx Xxxxxx, Chicago, Illinois 60601, Attention: TreasurerChief Executive Officer. Any notice, direction, request or demand by the Company or the Guarantor, or any Securityholder hereunder to or upon the Trustee shall be deemed to have been sufficiently given or made, for all purposes, if given or made served by being deposited postage prepaid by registered or certified mail in writing at its a post office letter box addressed to the Corporate Trust DepartmentOffice or sent electronically in PDF format. The Trustee, 0 X. XxXxxxx Street, Suite 1020, Chicago, Illinois 60602, or at any other address previously furnished in writing by notice to the Company by the TrusteeCompany, may designate additional or different addresses for subsequent notices or communications. The Trustee agrees shall have the right, but shall not be required, to accept rely upon and act upon comply with instructions or and directions pursuant to this Indenture sent by unsecured e-mail, pdf, facsimile transmission or and other similar unsecured electronic methodsmethods by persons believed by the Trustee to be authorized to give instructions and directions on behalf of the Company or any Person. The Trustee shall have no duty or obligation to verify or confirm that the Person who sent such instructions or directions is, providedin fact, however, that a Person authorized to give instructions or directions on behalf of the Company; and 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 elects to give the Trustee e-mail or facsimile instructions (or instructions by a similar electronic method) and the Trustee in its reasonable discretion elects to act upon such instructions, the Trustee’s understanding of such instructions shall be deemed controlling, absent gross negligence or manifest error. The Trustee shall not be liable no liability for any losses, liabilities, costs or expenses arising directly incurred or indirectly from sustained by the Trustee’s prior Company as a result of such reliance upon and or compliance with such instructions notwithstanding such instructions conflict or are inconsistent with a subsequent written instructiondirections. The Issuer Company agrees to assume all risks arising out of the use of any such electronic methods to submit instructions and directions to the Trustee, including including, without limitation limitation, the risk of the Trustee acting on unauthorized instructions, and the risk or of interception and misuse by third parties. Any notice or communication 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. Any notice or communication delivered or to be delivered to a Holder of Global Notes shall be delivered in accordance with the Applicable Procedures and shall be sufficiently given to it if so delivered within the time prescribed. Notwithstanding any other provision of this Indenture or any Note, where this Indenture or any Note provides for notice of any event (including any Notice of Redemption or Fundamental Change Company Notice) to a Holder of a Global Note (whether by mail or otherwise), such notice shall be sufficiently given if given to the Depositary (or its designee) pursuant to the standing instructions from the Depositary or its designee, including by electronic mail in accordance with Applicable Procedures. Failure to 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 mailed or delivered, as the case may be, in the manner provided above, it is duly given, whether or not the addressee receives it. In case by reason of the suspension of regular mail service or by reason of any other cause it shall be impracticable to give such notice to Holders by mail, then such notification as shall be made with the approval of the Trustee shall constitute a sufficient notification for every purpose hereunder.
Appears in 2 contracts
Samples: Indenture (Teladoc, Inc.), Indenture (Teladoc, Inc.)
Addresses for Notices, Etc. Any notice or demand which that by any provision of this Indenture is required or permitted to be given or served by the Trustee or by the Holders of Securities to or on the Company shall be deemed to have been sufficiently given or the Guarantor may be made, for all purposes if given or served by overnight courier or by being deposited postage prepaid first class by registered or certified mail in a post office letter box addressed (until another address is filed by the Company with the Trustee)) to Pacira BioSciences, as follows: if to the Company, Aon plcInc., 0 Xxxxxxxxxx XxxxxxXxxxxx Xxx, XxxxxxXxxxx 000, XxxxxxxXxxxxxxxxx, XX 00000, Attention: Treasurer; and if to the Guarantor, Aon Corporation, 000 Xxxx Xxxxxxxx Xxxxxx, Chicago, Illinois 60601, Attention: TreasurerChief Financial Officer or sent electronically in PDF format. Any notice, direction, request or demand by the Company or the Guarantor, or any Securityholder hereunder to or upon the Trustee shall be deemed to have been sufficiently given or made, for all purposes, if given or made served by being deposited postage prepaid by registered or certified mail in writing at its a post office letter box addressed to the Corporate Trust DepartmentOffice or sent electronically in PDF format. The Trustee, 0 X. XxXxxxx Street, Suite 1020, Chicago, Illinois 60602, or at any other address previously furnished in writing by notice to the Company by the TrusteeCompany, 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 Issuer Company elects to give the Trustee e-mail or facsimile instructions (or instructions by a similar electronic method) and the Trustee in its reasonable discretion elects to act upon such instructions), the Trustee’s understanding of such instructions shall be deemed controlling, absent gross negligence or manifest error. The Trustee shall not be liable for any losses, costs or expenses arising directly or indirectly from the Trustee’s prior reliance upon and compliance with such instructions notwithstanding that such instructions may conflict or are inconsistent with a subsequent written instruction. The Issuer Company agrees to assume all risks arising out of the use of any 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 of 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, however, that notices given to Holders of any Global Note may be given through the facilities of the 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 applicable Holder). Failure to 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 mailed in the manner provided above, it is duly given, whether or not the addressee receives it. In case by reason of the suspension of regular mail service or by reason of any other cause it shall be impracticable to give such notice to Holders by mail, then such notification as shall be made with the approval of the Trustee shall constitute a sufficient notification for every purpose hereunder.
Appears in 1 contract
Samples: Indenture (Pacira BioSciences, Inc.)
Addresses for Notices, Etc. Any notice or demand which that by any provision of this Indenture is required or permitted to be given or served by the Trustee or by the Holders of Securities to or on the Company shall be deemed to have been sufficiently given or the Guarantor may be made, for all purposes if given or served by overnight courier or by being deposited postage prepaid first class by registered or certified mail in a post office letter box addressed (until another address is filed by the Company with the Trustee)) to Teladoc Health, as follows: if to the CompanyInc., Aon plc2 Xxxxxxxxxxxxxx Xxxx, 0 Xxxxxxxxxx XxxxxxXxxxx 000, XxxxxxXxxxxxxx, Xxxxxxx, Xxx Xxxx 00000; Attention: Treasurer; and if to the Guarantor, Aon Corporation, 000 Xxxx Xxxxxxxx Xxxxxx, Chicago, Illinois 60601, Attention: TreasurerChief Executive Officer. Any notice, direction, request or demand by the Company or the Guarantor, or any Securityholder hereunder to or upon the Trustee shall be deemed to have been sufficiently given or made, for all purposes, if given or made served by being deposited postage prepaid by registered or certified mail in writing at its a post office letter box addressed to the Corporate Trust DepartmentOffice or sent electronically in PDF format. The Trustee, 0 X. XxXxxxx Street, Suite 1020, Chicago, Illinois 60602, or at any other address previously furnished in writing by notice to the Company by the TrusteeCompany, may designate additional or different addresses for subsequent notices or communications. The Trustee agrees shall have the right, but shall not be required, to accept rely upon and act upon comply with instructions or and directions pursuant to this Indenture sent by unsecured e-mail, pdf, facsimile transmission or and other similar unsecured electronic methodsmethods by persons believed by the Trustee to be authorized to give instructions and directions on behalf of the Company or any Person. The Trustee shall have no duty or obligation to verify or confirm that the Person who sent such instructions or directions is, providedin fact, however, that a Person authorized to give instructions or directions on behalf of the Company; and 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 elects to give the Trustee e-mail or facsimile instructions (or instructions by a similar electronic method) and the Trustee in its reasonable discretion elects to act upon such instructions, the Trustee’s understanding of such instructions shall be deemed controlling, absent gross negligence or manifest error. The Trustee shall not be liable no liability for any losses, liabilities, costs or expenses arising directly incurred or indirectly from sustained by the Trustee’s prior Company as a result of such reliance upon and or compliance with such instructions notwithstanding such instructions conflict or are inconsistent with a subsequent written instructiondirections. The Issuer Company agrees to assume all risks arising out of the use of any such electronic methods to submit instructions and directions to the Trustee, including including, without limitation limitation, the risk of the Trustee acting on unauthorized instructions, and the risk or of interception and misuse by third parties. Any notice or communication 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. Any notice or communication delivered or to be delivered to a Holder of Global Notes shall be delivered in accordance with the Applicable Procedures and shall be sufficiently given to it if so delivered within the time prescribed. Notwithstanding any other provision of this Indenture or any Note, where this Indenture or any Note provides for notice of any event (including any Notice of Redemption or Fundamental Change Company Notice) to a Holder of a Global Note (whether by mail or otherwise), such notice shall be sufficiently given if given to the Depositary (or its designee) pursuant to the standing instructions from the Depositary or its designee, including by electronic mail in accordance with Applicable Procedures. Failure to 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 mailed or delivered, as the case may be, in the manner provided above, it is duly given, whether or not the addressee receives it. In case by reason of the suspension of regular mail service or by reason of any other cause it shall be impracticable to give such notice to Holders by mail, then such notification as shall be made with the approval of the Trustee shall constitute a sufficient notification for every purpose hereunder.
Appears in 1 contract
Samples: Indenture (Teladoc Health, Inc.)
Addresses for Notices, Etc. Any notice or demand which that by any provision of this Indenture is required or permitted to be given or served by the Trustee or by the Holders of Securities to or on the Company shall be deemed to have been sufficiently given or the Guarantor may be made, for all purposes if given or served by being deposited by overnight courier, or sent electronically by PDF transmission, or deposited postage prepaid first class by registered or certified mail in a post office letter box addressed (until another address is filed by the Company with the Trustee), as follows: if to the CompanyInphi Corporation, Aon plc0000 Xxxxxx Xxxx Xxxx, 0 Xxxxx 000, Xxxxx Xxxxx, Xxxxxxxxxx Xxxxxx, Xxxxxx, Xxxxxxx00000, Attention: Treasurer; and if General Counsel, with a copy to the Guarantor, Aon Corporation, 000 Xxxx Xxxxxxxx Xxxxxxx Xxxxxxx Xxxxxx, ChicagoXxxxxxxxx Xxxxxxxx Xxxx Xxxxxxx LLP, Illinois 606010000 Xxxxxxx Xxxxxx, Attention: TreasurerXxxx Xxxx, Xxxxxxxxxx 00000. Any notice, direction, request or demand by the Company or the Guarantor, or any Securityholder hereunder to or upon the Trustee shall be deemed to have been sufficiently given or made, for all purposes, if given or made served by being deposited postage prepaid by registered or certified mail in writing at its a post office letter box addressed to the Corporate Trust DepartmentOffice or sent electronically in PDF format. The Trustee, 0 X. XxXxxxx Street, Suite 1020, Chicago, Illinois 60602, or at any other address previously furnished in writing by notice to the Company by the TrusteeCompany, 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 Issuer Company elects to give the Trustee e-mail or facsimile instructions (or instructions by a similar electronic method) and the Trustee in its reasonable discretion elects to act upon such instructions, the Trustee’s understanding of such instructions shall be deemed controlling, absent gross negligence or manifest error. The Trustee shall not be liable for any losses, costs or expenses arising directly or indirectly from the Trustee’s prior reliance upon and compliance with such instructions notwithstanding such instructions conflict or are inconsistent with a subsequent written instruction. The Issuer Company agrees to assume all risks arising out of the use of any 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. Failure to 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 mailed in the manner provided above, it is duly given, whether or not the addressee receives it. In case by reason of the suspension of regular mail service or by reason of any other cause it shall be impracticable to give such notice to Holders by mail, then such notification as shall be made with the approval of the Trustee shall constitute a sufficient notification for every purpose hereunder.
Appears in 1 contract
Samples: Indenture (INPHI Corp)
Addresses for Notices, Etc. Any notice or demand which that by any provision of this Indenture is as required or permitted to be given or served by the Trustee or by the Holders of Securities to or on the Company shall be deemed to have been sufficiently given or the Guarantor may be made, for all purposes if given or served by being deposited postage prepaid first class 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., as follows: if to the Company0000 Xxxxxx Xxxxxxx, Aon plcXxxxxxx Xxxx, 0 Xxxxxxxxxx Xxxxxx, Xxxxxx, XxxxxxxXX 00000, Attention: Treasurer; and if Xxxxxx Xxxxxxxx, cc: Xxxx Xxxx, General Counsel, with a copy, which shall not constitute notice, to the Guarantor, Aon CorporationXxxxxx & Xxxxxxx LLP, 000 Xxxx Xxxxxxxx XxxxxxXxxxx Xxxxx, ChicagoMenlo Park, Illinois 60601CA 94025 (fax: (000) 000-0000), Attention: TreasurerXxxxx Xxxxx and 000 Xxxxx Xxxxxx Xxx Xxxx, XX 00000 (fax: (000) 000-0000) Attention: Xxxx Xxxxxxx. Any notice, direction, request or demand by the Company or the Guarantor, or any Securityholder hereunder to or upon the Trustee shall be deemed to have been sufficiently given or made, for all purposes, if given or made served by being deposited postage prepaid by registered or certified mail in writing at its a post office letter box addressed to the Corporate Trust Department, 0 X. XxXxxxx Street, Suite 1020, Chicago, Illinois 60602, Office or at sent electronically in PDF or any other address previously furnished in writing 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 Company by the Trusteeother, 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, 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 Issuer Company elects to give the Trustee e-mail or facsimile instructions (or instructions by a similar electronic method) and the Trustee in its reasonable discretion elects to act upon such instructions, the Trustee’s understanding of such instructions shall be deemed controlling, absent gross negligence or manifest error. The Trustee shall not be liable for any losses, costs or expenses arising directly or indirectly from the Trustee’s prior reliance upon and compliance with such instructions notwithstanding such instructions conflict or are inconsistent with a subsequent written instruction. The Issuer Company agrees to assume all risks arising out of the use of any 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 which by any provision of this Indenture is required or permitted to be given or served by the Trustee or by the Holders of Securities to or on the Company or the Guarantor may be given or served by being deposited postage prepaid first class mail in a post office letter box addressed (until another address is filed by the Company with the Trustee), as follows: if to the Company, Aon plcCorporation, 0 Xxxxxxxxxx 000 Xxxx Xxxxxxxx Xxxxxx, XxxxxxChicago, XxxxxxxIllinois 60601, Attention: Treasurer; and if to the Guarantor, Aon Corporationplc, 000 Xxxx Xxxxxxxx 0 Xxxxxxxxxx Xxxxxx, ChicagoXxxxxx, Illinois 60601Xxxxxxx, Attention: Treasurer. Any notice, direction, request or demand by the Company or the Guarantor, or any Securityholder to or upon the Trustee shall be deemed to have been sufficiently given or made, for all purposes, if given or made in writing at its Corporate Trust Department, 0 X. XxXxxxx Street, Suite 1020, Chicago, Illinois 60602, or at any other address previously furnished in writing to the Company by the Trustee. .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 elects to give the Trustee e-mail or facsimile instructions (or instructions by a similar electronic method) and the Trustee in its reasonable discretion elects to act upon such instructions, the Trustee’s understanding of such instructions shall be deemed controlling, absent gross negligence or manifest error. The Trustee shall not be liable for any losses, costs or expenses arising directly or indirectly from the Trustee’s prior reliance upon and compliance with such instructions notwithstanding such instructions conflict or are inconsistent with a subsequent written instruction. The Issuer agrees to assume all risks arising out of the use of any such electronic methods to submit instructions and directions to the Trustee, including without limitation the risk of the Trustee acting on unauthorized instructions, and the risk or interception and misuse by third parties.
Appears in 1 contract
Samples: Indenture (Aon Corp)
Addresses for Notices, Etc. Any notice or demand which by any provision of this Indenture is required or permitted to be given or served by the Trustee or by the Holders of Securities to or on the Company or the Guarantor may be given or served by being deposited postage prepaid first class mail in a post office letter box addressed (until another address is filed by the Company with the Trustee), as follows: if to the Company, Aon plcAccenture Global Capital DAC, 0 Xxxxxxxxxx Xxxxxxc/o Accenture LLP, 000 Xxxx Xxxxxxx Xxxxxx, Xxxxxxx, XX 00000, Attention: TreasurerXxxxx X. Xxxxxx; and if to the Guarantor, Aon CorporationAccenture plc, c/o Accenture LLP, 000 Xxxx Xxxxxxxx Xxxxxxx Xxxxxx, ChicagoXxxxxxx, Illinois 60601XX 00000, Attention: TreasurerXxxxx X. Xxxxxx. Any notice, direction, request or demand by the Company or the Guarantor, or any Securityholder to or upon the Trustee shall be deemed to have been sufficiently given or made, for all purposes, if given or made in writing at its Corporate Trust Department, 0 X. XxXxxxx Street000 Xxxxx Xxxxxx Xxxxx, Suite 10206200B, Floor 62, Mailbox #44, Chicago, Illinois 6060260606, Email: xxxx.xxxxxxx@xxx.xxx, Phone: 000-000-0000, or at any other address previously furnished in writing to the Company by the Trustee. The Trustee agrees shall have the right to accept and act upon instructions, including funds transfer instructions or directions (“Instructions”) given pursuant to this Indenture sent by unsecured e-mail, pdf, facsimile transmission or other similar unsecured electronic methods, and delivered using Electronic Means; provided, however, that the Issuer and/or the Guarantor, as applicable, shall provide to the Trustee shall have received an incumbency certificate listing persons designated officers with the authority to give provide such instructions or directions Instructions (“Authorized Officers”) and containing specimen signatures of such designated personsAuthorized Officers, which such incumbency certificate shall be amended and replaced by the Issuer and/or the Guarantor, as applicable, whenever a person is to be added or deleted from the listing. If the Issuer and/or the Guarantor, as applicable, elects to give the Trustee e-mail or facsimile instructions (or instructions by a similar electronic method) Instructions using Electronic Means and the Trustee in its reasonable discretion elects to act upon such instructionsInstructions, the Trustee’s understanding of such instructions Instructions shall be deemed controlling. The Issuer and the Guarantor understand and agree that the Trustee cannot determine the identity of the actual sender of such Instructions and that the Trustee shall conclusively presume that directions that purport to have been sent by an Authorized Officer listed on the incumbency certificate provided to the Trustee have been sent by such Authorized Officer. The Issuer and the Guarantor shall be responsible for ensuring that only Authorized Officers transmit such Instructions to the Trustee and that the Issuer, absent gross negligence or manifest errorthe Guarantor and all Authorized Officers are solely responsible to safeguard the use and confidentiality of applicable user and authorization codes, passwords and/or authentication keys upon receipt by the Issuer and/or the Guarantor, as applicable. The Trustee shall not be liable for any losses, costs or expenses arising directly or indirectly from the Trustee’s prior reliance upon and compliance with such instructions Instructions notwithstanding such instructions directions conflict or are inconsistent with a subsequent written instruction. The Issuer agrees and the Guarantor agree: (i) to assume all risks arising out of the use of any such electronic methods Electronic Means to submit instructions and directions Instructions to the Trustee, including without limitation the risk of the Trustee acting on unauthorized instructionsInstructions, and the risk or of interception and misuse by third parties; (ii) that it is fully informed of the protections and risks associated with the various methods of transmitting Instructions to the Trustee and that there may be more secure methods of transmitting Instructions than the method(s) selected by the Issuer and/or the Guarantor, as applicable; (iii) that the security procedures (if any) to be followed in connection with its transmission of Instructions provide to it a commercially reasonable degree of protection in light of its particular needs and circumstances; and (iv) to notify the Trustee immediately upon learning of any compromise or unauthorized use of the security procedures.
Appears in 1 contract
Addresses for Notices, Etc. Any notice or demand which that by any provision of this Indenture is as required or permitted to be given or served by the Trustee or by the Holders of Securities to or on the Company shall be deemed to have been sufficiently given or the Guarantor may be made, for all purposes if given or served by being deposited postage prepaid first class 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., as follows: if to the Company1000 Xxxxxx Xxxxxxx, Aon plcXxxxxxx Xxxx, 0 Xxxxxxxxxx Xxxxxx, Xxxxxx, XxxxxxxXX 00000, Attention: Treasurer; and if Axxxxx Xxxxxxxx, cc: Mxxx Xxxx, General Counsel, with a copy, which shall not constitute notice, to the GuarantorLxxxxx & Wxxxxxx LLP, Aon Corporation100 Xxxxx Xxxxx, 000 Xxxx Xxxxxxxx XxxxxxMenlo Park, Chicago, Illinois 60601CA 94025 (fax: (000) 000-0000), Attention: TreasurerBxxxx Xxxxx and 800 Xxxxx Xxxxxx Xxx Xxxx, XX 00000 (fax: (000) 000-0000) Attention: Gxxx Xxxxxxx. Any notice, direction, request or demand by the Company or the Guarantor, or any Securityholder hereunder to or upon the Trustee shall be deemed to have been sufficiently given or made, for all purposes, if given or made served by being deposited postage prepaid by registered or certified mail in writing at its a post office letter box addressed to the Corporate Trust Department, 0 X. XxXxxxx Street, Suite 1020, Chicago, Illinois 60602, Office or at sent electronically in PDF or any other address previously furnished in writing 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 Company by the Trusteeother, 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, 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 Issuer Company elects to give the Trustee e-mail or facsimile instructions (or instructions by a similar electronic method) and the Trustee in its reasonable discretion elects to act upon such instructions, the Trustee’s understanding of such instructions shall be deemed controlling, absent gross negligence or manifest error. The Trustee shall not be liable for any losses, costs or expenses arising directly or indirectly from the Trustee’s prior reliance upon and compliance with such instructions notwithstanding such instructions conflict or are inconsistent with a subsequent written instruction. The Issuer Company agrees to assume all risks arising out of the use of any 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 which that by any provision of this Indenture is required or permitted to be given or served by the Trustee or by the Holders of Securities to or on the Company shall be deemed to have been sufficiently given or the Guarantor may be made, for all purposes if given or served by being deposited postage prepaid first class by registered or certified mail in a post office letter box box, or by overnight air courier guaranteeing next day delivery, addressed (until another address is filed by the Company with the Trustee)) to Blackhawk Network Holdings, as follows: if to the CompanyInc., Aon plc0000 Xxxxxxxxxx Xxxx Xxxx, 0 Xxxxxxxxxx, Xxxxxxxxxx Xxxxxx, Xxxxxx, Xxxxxxx00000, Attention: Treasurer; and if to the Guarantor, Aon Corporation, 000 Xxxx Xxxxxxxx Xxxxxx, Chicago, Illinois 60601, Attention: TreasurerGeneral Counsel. Any notice, direction, request or demand by the Company or the Guarantor, or any Securityholder hereunder to or upon the Trustee shall be deemed to have been sufficiently given or made, for all purposes, if given or made served by being deposited postage prepaid by registered or certified mail in writing at its a post office letter box addressed to the Corporate Trust DepartmentOffice. The Trustee, 0 X. XxXxxxx Street, Suite 1020, Chicago, Illinois 60602, or at any other address previously furnished in writing by notice to the Company by the TrusteeCompany, may designate additional or different addresses for subsequent notices or communications. The Trustee agrees shall have the right, but shall not be required, to accept rely upon and act upon comply with instructions or and directions pursuant to this Indenture sent by unsecured e-mail, pdf, facsimile transmission or and other similar unsecured electronic methodsmethods by persons believed by the Trustee to be authorized to give instructions and directions on behalf of the Company or any Person. The Trustee shall have no duty or obligation to verify or confirm that the Person who sent such instructions or directions is, providedin fact, however, that a Person authorized to give instructions or directions on behalf of the Company; and 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 elects to give the Trustee e-mail or facsimile instructions (or instructions by a similar electronic method) and the Trustee in its reasonable discretion elects to act upon such instructions, the Trustee’s understanding of such instructions shall be deemed controlling, absent gross negligence or manifest error. The Trustee shall not be liable no liability for any losses, liabilities, costs or expenses arising directly incurred or indirectly from sustained by the Trustee’s prior Company as a result of such reliance upon and or compliance with such instructions notwithstanding such instructions conflict or are inconsistent with a subsequent written instructiondirections. The Issuer Company agrees to assume all risks arising out of the use of any such electronic methods to submit instructions and directions to the Trustee, including including, without limitation limitation, the risk of the Trustee acting on unauthorized instructions, and the risk or of interception and misuse by third parties. Any notice or communication 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. Any notice or communication delivered or to be delivered to a Holder of Global Notes shall be delivered in accordance with the applicable procedures of the Depositary and shall be sufficiently given to it if so delivered within the time prescribed. Failure to mail or deliver a notice or communication to a Holder or any defect in it shall not affect its sufficiency with respect to other Holders. If a notice or communication is mailed or delivered, as the case may be, in the manner provided above, it is duly given, whether or not the addressee receives it. In case by reason of the suspension of regular mail service or by reason of any other cause it shall be impracticable to give such notice to Holders by mail, then such notification as shall be made with the approval of the Trustee shall constitute a sufficient notification for every purpose hereunder.
Appears in 1 contract
Addresses for Notices, Etc. Any notice or demand which by any provision of this Indenture is required or permitted to be given or served by the Trustee or by the Holders of Securities to or on the Company or the Guarantor may be given or served by being deposited postage prepaid first class mail in a post office letter box addressed (until another address is filed by the Company with the Trustee), as follows: if communication to the Company, Aon plcthe Guarantor or the Trustee shall be sufficiently given if in writing in English and delivered in person or mailed by certified or registered mail (return receipt requested), 0 Xxxxxxxxxx Xxxxxxe-mail in PDF format, Xxxxxxfacsimile, Xxxxxxxtelecopier or overnight courier guaranteeing next day delivery, Attentionaddressed as follows: Treasurer; and if If to the Guarantor, Aon Corporation, 000 Xxxx Xxxxxxxx Xxxxxx, Chicago, Illinois 60601, Attention: Treasurer. Any notice, direction, request or demand by the Company or the Guarantor: 00 Xxxxxxxxxx Xxxxxxx Xxxxxx, Xxxxxx Xxxxxxx, X0 0XX Attention: Xxxxx Xxxxxxxxxxx, Senior Vice President and General Counsel Email: Xxxxx.Xxxxxxxxxxx@xxxxxxxx.xxx If to the Trustee: Citibank, N.A. Agency & Trust 000 Xxxxxxxxx Xxxxxx Xxx Xxxx, XX 00000 Attention: Xxxxx Xxx Email: xxxxx0.xxx@xxxx.xxx The Company, the Guarantor or any Securityholder to or upon the Trustee shall be deemed to have been sufficiently given or made, for all purposes, if given or made in writing at its Corporate Trust Department, 0 X. XxXxxxx Street, Suite 1020, Chicago, Illinois 60602, or at any other address previously furnished in writing by notice to the Company by the Trusteeothers 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, pdfmail in PDF format, 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 Company or the Guarantor elects to give the Trustee e-mail in PDF format or facsimile instructions (or instructions by a similar electronic method) and the Trustee in its reasonable discretion elects to act upon such instructions, the Trustee’s reasonable understanding of such instructions shall be deemed controlling, absent gross negligence or manifest error. The Trustee shall not be liable for any losses, costs or expenses arising directly or indirectly from the Trustee’s prior reasonable reliance upon and compliance with such instructions notwithstanding such instructions conflict or are inconsistent with a subsequent written instruction. The Issuer Each of the Company and the Guarantor agrees to assume all risks arising out of incidents of actual use by the use Company and the Guarantor of any such electronic methods to submit instructions and directions to the Trustee, including without limitation the risk of the Trustee acting on unauthorized instructions, instructions and the risk or of interception and misuse by third parties. All notices and communications described above shall be deemed to have been duly given: at the time delivered by hand, if personally delivered; five Business Days after being deposited in the mail, postage prepaid, if mailed; when sent, if by e-mail in PDF format; when receipt acknowledged, if faxed or telecopied; and the next Business Day after timely delivery to the courier, if sent by overnight courier guaranteeing next day delivery provided that any notice or communication delivered to the Trustee shall be deemed effective upon actual receipt thereof and on the first date on which publication is made, if given by publication (including by posting of information on the website or online data system maintained in accordance with Section 4.06). Any notice or communication 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. Any notice or communication delivered or to be delivered to a Holder of Global Notes shall be delivered in accordance with the Applicable Procedures and shall be sufficiently given to it if so delivered within the time prescribed. Failure to mail or deliver a notice or communication to a Holder or any defect in it shall not affect its sufficiency with respect to other Holders. If a notice or communication is mailed or delivered, as the case may be, in the manner provided above, it is duly given, whether or not the addressee receives it. In case by reason of the suspension of regular mail service or by reason of any other cause it shall be impracticable to give such notice to Holders by mail, then such notification as shall be made with the approval of the Trustee shall constitute a sufficient notification for every purpose hereunder.
Appears in 1 contract
Samples: Indenture (LivaNova PLC)
Addresses for Notices, Etc. Any notice or demand which that by any provision of this Indenture is required or permitted to be given or served made by the Trustee or by the Holders of Securities to or on the Company or the Guarantor may shall be deemed to have been sufficiently given or served made, for all purposes if given or made by being deposited postage prepaid first class by registered or certified mail in a post office letter box addressed (until another address is filed by the Company with the Trustee)) to SolarEdge Technologies, as follows: if to the CompanyInc., Aon plc, 0 Xxxxxxxxxx 1 XxXxxx Xxxxxx, XxxxxxXxxxxxxxx Pituach 4673335, Xxxxxxx, Israel; Attention: Treasurer; and if to the Guarantor, Aon Corporation, 000 Xxxx Xxxxxxxx Xxxxxx, Chicago, Illinois 60601, Attention: TreasurerCorporate Secretary. Any notice, direction, request or demand by the Company or the Guarantor, or any Securityholder hereunder to or upon the Trustee shall be deemed to have been sufficiently given or made, for all purposes, if given or made by being deposited postage prepaid by registered or certified mail in writing at its a post office letter box addressed to the Corporate Trust DepartmentOffice or sent electronically in PDF format and, 0 X. XxXxxxx Streetin each case, Suite 1020, Chicago, Illinois 60602, or at any other address previously furnished in writing to the Company upon actual receipt by the Trustee. The Trustee, by notice to the Company, 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, pdfemail, facsimile transmission or other similar unsecured electronic methods, ; provided, however, that (a) the party providing such written instructions, subsequent to such transmission of written instructions, shall provide the originally executed instructions or directions to the Trustee in a timely manner, and (b) such originally executed instructions or directions shall have received be signed by an incumbency certificate listing persons designated to give authorized representative of the party providing 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 listingdirections. If the Issuer party elects to give the Trustee e-mail email or facsimile instructions (or instructions by a similar electronic method) and the Trustee in its reasonable discretion elects to act upon such instructions, the Trustee’s understanding of such instructions shall be deemed controlling, absent gross negligence or manifest error. The Trustee shall not be liable for any losses, costs or expenses arising directly or indirectly from the Trustee’s prior reliance upon and compliance with such instructions notwithstanding that such instructions conflict or are inconsistent with a subsequent written instruction. The Issuer party providing electronic instructions agrees to assume all risks arising out of the use of any 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 of 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. Failure to 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 mailed in the manner provided above, it is duly given, whether or not the addressee receives it. In case by reason of the suspension of regular mail service or by reason of any other cause it shall be impracticable to give such notice to Holders by mail, then such notification as shall be made with the approval of the Trustee shall constitute a sufficient notification for every purpose hereunder.
Appears in 1 contract
Addresses for Notices, Etc. Any notice or demand which that by any provision of this Indenture is required or permitted to be given or served by the Trustee or by the Holders of Securities to or on the Company shall be deemed to have been sufficiently given or the Guarantor may be made, for all purposes if (NY) 27961/684/INDENTURE/WMGI.indenture.doc given or served by being deposited postage prepaid first class by registered or certified mail in a post office letter box addressed (until another address is filed by the Company with the Trustee)) to Xxxxxx Medical Group, as follows: if to the CompanyInc., Aon plc0000 Xxxxxxx Xxxx, 0 Xxxxxxxxxx XxxxxxXxxxxxxxx, Xxxxxx, XxxxxxxXxxxxxxxx 00000, Attention: Treasurer; and if to the Guarantor, Aon Corporation, 000 Xxxx Xxxxxxxx Xxxxxx, Chicago, Illinois 60601, Attention: TreasurerGeneral Counsel. Any notice, direction, request or demand by the Company or the Guarantor, or any Securityholder hereunder to or upon the Trustee shall be deemed to have been sufficiently given or made, for all purposes, if given or made served by being deposited postage prepaid by registered or certified mail in writing at its a post office letter box addressed to the Corporate Trust DepartmentOffice. The Trustee, 0 X. XxXxxxx Street, Suite 1020, Chicago, Illinois 60602, or at any other address previously furnished in writing by notice to the Company by the TrusteeCompany, 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 Issuer party elects to give the Trustee e-mail or facsimile instructions (or instructions by a similar electronic method) and the Trustee in its reasonable discretion elects to act upon such instructions, the Trustee’s understanding of such instructions shall be deemed controlling, absent gross negligence or manifest error. The Trustee shall not be liable for any losses, costs or expenses arising directly or indirectly from the Trustee’s prior reliance upon and compliance with such instructions notwithstanding if such instructions conflict or are inconsistent with a subsequent written instructioninstruction received by the Trustee after it has acted upon the prior instructions. The Issuer party providing electronic instructions agrees to assume all risks arising out of the use of any 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. Failure to 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 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 contained herein, as long as the Notes are in the form of a Global Note, notice to the Holders may be made electronically in accordance with procedures of the Depositary.
Appears in 1 contract
Samples: Indenture (Wright Medical Group Inc)
Addresses for Notices, Etc. Any notice or demand which by any provision of this Indenture is required or permitted to be given or served by the Trustee or by the Holders of Securities to or on the Company or the Guarantor may be given or served by being deposited postage prepaid first class mail in a post office letter box addressed (until another address is filed by the Company with the Trustee), as follows: if to the Company, Aon plcCorporation, 0 Xxxxxxxxxx 000 Xxxx Xxxxxxxx Xxxxxx, XxxxxxChicago, XxxxxxxIllinois 60601, Attention: Treasurer; and if to the Guarantor, Aon Corporationplc, 000 Xxxx Xxxxxxxx 0 Xxxxxxxxxx Xxxxxx, ChicagoXxxxxx, Illinois 60601Xxxxxxx, Attention: Treasurer. Any notice, direction, request or demand by the Company or the Guarantor, or any Securityholder to or upon the Trustee shall be deemed to have been sufficiently given or made, for all purposes, if given or made in writing at its Corporate Trust Department, 0 X. XxXxxxx Street, Suite 1020, Chicago, Illinois 60602, or at any other address previously furnished in writing to the Company by the Trustee. 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 elects to give the Trustee e-mail or facsimile instructions (or instructions by a similar electronic method) and the Trustee in its reasonable discretion elects to act upon such instructions, the Trustee’s understanding of such instructions shall be deemed controlling, absent gross negligence or manifest error. The Trustee shall not be liable for any losses, costs or expenses arising directly or indirectly from the Trustee’s prior reliance upon and compliance with such instructions notwithstanding such instructions conflict or are inconsistent with a subsequent written instruction. The Issuer agrees to assume all risks arising out of the use of any such electronic methods to submit instructions and directions to the Trustee, including without limitation the risk of the Trustee acting on unauthorized instructions, and the risk or interception and misuse by third parties.
Appears in 1 contract
Samples: Indenture (Aon Corp)
Addresses for Notices, Etc. Any notice or demand which by any provision of this Indenture is required or permitted to be given or served by the Trustee or by the Holders of Securities to or on the Company or the Guarantor may be given or served by being deposited postage prepaid first class mail in a post office letter box addressed (until another address is filed by the Company with the Trustee), as follows: if to the Company, Aon plc, 0 Xxxxxxxxxx Xxxxxx, Xxxxxx, Xxxxxxx, Attention: Treasurer; and if to the Guarantor, Aon Corporation, 000 Xxxx Xxxxxxxx Xxxxxx, Chicago, Illinois 60601, Attention: Treasurer; and if to the Guarantor, Aon plc, 000 Xxxxxxxxxx Xxxxxx, Xxxxxx, Xxxxxxx, Attention: Treasurer. Any notice, direction, request or demand by the Company or the Guarantor, or any Securityholder to or upon the Trustee shall be deemed to have been sufficiently given or made, for all purposes, if given or made in writing at its Corporate Trust Department, 0 X. XxXxxxx Street, Suite 10207th Floor, Chicago, Illinois 60602, or at any other address previously furnished in writing to the Company by the Trustee. 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 elects to give the Trustee e-mail or facsimile instructions (or instructions by a similar electronic method) and the Trustee in its reasonable discretion elects to act upon such instructions, the Trustee’s understanding of such instructions shall be deemed controlling, absent gross negligence or manifest error. The Trustee shall not be liable for any losses, costs or expenses arising directly or indirectly from the Trustee’s prior reliance upon and compliance with such instructions notwithstanding such instructions conflict or are inconsistent with a subsequent written instruction. The Issuer agrees to assume all risks arising out of the use of any such electronic methods to submit instructions and directions to the Trustee, including without limitation the risk of the Trustee acting on unauthorized instructions, and the risk or interception and misuse by third parties.
Appears in 1 contract
Samples: Indenture
Addresses for Notices, Etc. Any notice or demand which by any provision of this Indenture is required or permitted to be given or served by the Trustee or by the Holders of Securities to or on the Company or the Guarantor may be given or served by being deposited postage prepaid first class mail in a post office letter box addressed (until another address is filed by the Company with the Trustee), as follows: if to the Company, Aon plcCorporation, 0 Xxxxxxxxxx 000 Xxxx Xxxxxxxx Xxxxxx, XxxxxxChicago, XxxxxxxIllinois 60601, Attention: Treasurer; and if to the Guarantor, Aon Corporationplc, 000 Xxxx Xxxxxxxx Xxxxxxxxxx Xxxxxx, ChicagoXxxxxx, Illinois 60601Xxxxxxx, Attention: Treasurer. Any notice, direction, request or demand by the Company or the Guarantor, or any Securityholder to or upon the Trustee shall be deemed to have been sufficiently given or made, for all purposes, if given or made in writing at its Corporate Trust Department, 0 X. XxXxxxx Street, Suite 10207th Floor, Chicago, Illinois 60602, or at any other address previously furnished in writing to the Company by the Trustee. 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 elects to give the Trustee e-mail or facsimile instructions (or instructions by a similar electronic method) and the Trustee in its reasonable discretion elects to act upon such instructions, the Trustee’s understanding of such instructions shall be deemed controlling, absent gross negligence or manifest error. The Trustee shall not be liable for any losses, costs or expenses arising directly or indirectly from the Trustee’s prior reliance upon and compliance with such instructions notwithstanding such instructions conflict or are inconsistent with a subsequent written instruction. The Issuer agrees to assume all risks arising out of the use of any such electronic methods to submit instructions and directions to the Trustee, including without limitation the risk of the Trustee acting on unauthorized instructions, and the risk or interception and misuse by third parties.
Appears in 1 contract
Samples: Indenture (Aon PLC)
Addresses for Notices, Etc. Any notice or demand which that by any provision of this Indenture is required or permitted to be given or served by the Trustee or by the Holders of Securities to or on the Company shall be deemed to have been sufficiently given or the Guarantor may be made, for all purposes if given or served by being deposited postage prepaid first class by registered or certified mail in a post office letter box addressed (until another address is filed by the Company with the Trustee)) to Clovis Oncology, as follows: if to the CompanyInc., Aon plc, 0 Xxxxxxxxxx Xxxxxx, 0000 00xx Xxxxxx, Xxxxxxx, Attention: Treasurer; and if to the GuarantorXxxxxxxx 00000, Aon Corporation, 000 Xxxx Xxxxxxxx Xxxxxx, Chicago, Illinois 60601, Attention: Treasureror sent electronically in PDF format. Any notice, direction, request or demand by the Company or the Guarantor, or any Securityholder hereunder to or upon the Trustee shall be deemed to have been sufficiently given or made, for all purposes, if given or made served by being deposited postage prepaid by registered or certified mail in writing at its a post office letter box addressed to the Corporate Trust Department, 0 X. XxXxxxx Street, Suite 1020, Chicago, Illinois 60602, Office or at any other address previously furnished sent electronically in writing to the Company by the TrusteePDF format. 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 Company elects to give the Trustee e-mail or facsimile instructions (or instructions by a similar electronic method) and the Trustee in its reasonable discretion elects to act upon such instructions, the Trustee’s understanding of such instructions shall be deemed controlling, absent gross negligence or manifest error. The Trustee shall not be liable for any losses, costs or expenses arising directly or indirectly from the Trustee’s prior reliance upon and compliance with such instructions notwithstanding such instructions conflict or are inconsistent with a subsequent written instruction. The Issuer Company agrees to assume all risks arising out of the use of any 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. The Trustee, by notice to the Company, may designate additional or different addresses for subsequent notices or communications. Any notice or communication mailed to a 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 by electronic transmission to the facilities of the Depositary. Failure to mail or transmit 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 mailed or transmitted in the manner provided above, it is duly given, whether or not the addressee receives it. In case by reason of the suspension of regular mail service or by reason of any other cause it shall be impracticable to give such notice to Holders by mail, then such notification as shall be made with the approval of the Trustee shall constitute a sufficient notification for every purpose hereunder.
Appears in 1 contract
Samples: Indenture (Clovis Oncology, Inc.)
Addresses for Notices, Etc. Any notice or demand which that by any provision of this Indenture is required or permitted to be given or served made by the Trustee or by the Holders of Securities to or on the Company or the Guarantor may Guarantors shall be deemed to have been sufficiently given or served made, for all purposes if given or made by being deposited postage prepaid first class by registered or certified mail in a post office letter box addressed (until another address is filed by the Company or the Guarantors with the Trustee), as follows: if ) to the Company, Aon Iterum Therapeutics plc, Block 2, Floor 0 Xxxxxxxxxx Xxxxxxxx Xxxxxx, Xxxxxxxx Xxxxxx, Xxxxxx 0, Xxxxxxx, Attention: Treasurer; and if Xxxxx Xxxxxxx, with a copy to the GuarantorIterum Therapeutics plc, Aon CorporationXxxxx Xxxxxxxxxx, 000 Xxxx Xxxxx 0, Xxxxx 0 Xxxxxxxx Xxxxxx, ChicagoXxxxxxxx Xxxxxx, Illinois 60601Xxxxxx 0, Attention: TreasurerXxxxxxx. Any notice, direction, request or demand by the Company or the Guarantor, or any Securityholder hereunder to or upon the Trustee shall be in writing (including facsimile or electronic transmission in PDF format). Notices by certified or registered mail shall be deemed to have been sufficiently given or made, for all purposes, if given or made by being deposited postage prepaid by registered or certified mail in writing at its a post office letter box addressed to the Corporate Trust DepartmentOffice or sent electronically in PDF format and, 0 X. XxXxxxx Streetin each case, Suite 1020upon actual receipt by the Trustee. Notice to the Trustee by electronic shall be deemed to have been sufficiently given or made, Chicagofor all purposes, Illinois 60602, if sent to xxx.xxxxxxxxxxx@xxxxxx.xxx or at any such other email address previously furnished as the Trustee may from time to time designate in writing to the Company by the TrusteeHolders absent receipt of a failure to deliver notice. 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, provided 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. The Trustee, by notice to the Company, may designate additional or different addresses for subsequent notices or communications. Any notice or communication sent to a Holder 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. Any notice or communication sent to Holders of Global Notes shall be sent in accordance with the applicable procedures of the Depositary and shall be sufficiently given to it if so sent within the time prescribed. Failure to 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 or 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. In addition to the foregoing, the Trustee agrees to accept and act upon notice, instructions or directions pursuant to this Indenture sent by unsecured e-mail, facsimile transmission or other similar unsecured electronic methods. If the Issuer party elects to give the Trustee e-mail or facsimile instructions (or instructions by a similar electronic method) ), and the Trustee in its reasonable discretion elects to act acts upon such instructions, the Trustee’s understanding of such instructions shall be deemed controlling, absent gross negligence or manifest error. The Trustee shall not be liable for any losses, costs or expenses arising directly or indirectly from the Trustee’s prior reliance upon and compliance with such instructions notwithstanding such instructions conflict or are inconsistent with a subsequent written instruction. The Issuer party providing electronic instructions agrees to assume all risks arising out of the use of any such electronic methods to submit instructions and directions to the Trustee, including including, without limitation limitation, the risk of the Trustee acting on unauthorized instructions, and the risk or interception and misuse by third parties.
Appears in 1 contract
Samples: Iterum Therapeutics PLC
Addresses for Notices, Etc. Any notice or demand which by any provision of this Indenture is required or permitted to be given or served by the Trustee or by the Holders of Securities to or on the Company or the Guarantor may be given or served by being deposited postage prepaid first class mail in a post office letter box addressed (until another address is filed by the Company with the Trustee), as follows: if communication to the Company, Aon plcthe Guarantor or the Trustee shall be sufficiently given if in writing in English and delivered in person or mailed by certified or registered mail (return receipt requested), 0 Xxxxxxxxxx Xxxxxxe-mail in PDF format, Xxxxxxfacsimile, Xxxxxxxtelecopier or overnight courier guaranteeing next day delivery, Attentionaddressed as follows: Treasurer; and if If to the Guarantor, Aon Corporation, 000 Xxxx Xxxxxxxx Xxxxxx, Chicago, Illinois 60601, Attention: Treasurer. Any notice, direction, request or demand by the Company or the Guarantor: Ensco plc 0 Xxxxxxxxxxxx Xxxxxxx Xxxxxx, Xxxxxxx X0X 0XX Attention: Chief Financial Officer Facsimile: 44 0 207 409 0399 97 If to the Trustee: Deutsche Bank Trust Company Americas Trust & Agency Services 00 Xxxx Xxxxxx, 00xx Xxxxx Mail Stop: XXX00-0000 Xxx Xxxx, Xxx Xxxx 00000 Attention: Corporates team - Ensco Jersey Finance Limited Facsimile: (000) 000-0000 with a copy to: Deutsche Bank Trust Company Americas c/o Deutsche Bank National Trust Company Trust & Agency Services 100 Plaza One Mail Stop: JCY03-0699 Xxxxxx Xxxx, Xxx Xxxxxx 00000 Attention: Corporates team - Ensco Jersey Finance Limited Facsimile: (000) 000-0000 The Company, the Guarantor or any Securityholder to or upon the Trustee shall be deemed to have been sufficiently given or made, for all purposes, if given or made in writing at its Corporate Trust Department, 0 X. XxXxxxx Street, Suite 1020, Chicago, Illinois 60602, or at any other address previously furnished in writing by notice to the Company by the Trusteeothers 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, pdfmail in PDF format, 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 Company or the Guarantor elects to give the Trustee e-mail in PDF format or facsimile instructions (or instructions by a similar electronic method) and the Trustee in its reasonable discretion elects to act upon such instructions, the Trustee’s reasonable understanding of such instructions shall be deemed controlling, absent gross negligence or manifest error. The Trustee shall not be liable for any losses, costs or expenses arising directly or indirectly from the Trustee’s prior reasonable reliance upon and compliance with such instructions notwithstanding such instructions conflict or are inconsistent with a subsequent written instruction. The Issuer Each of the Company and the Guarantor agrees to assume all risks arising out of incidents of actual use by the use Company and the Guarantor of any such electronic methods to submit instructions and directions to the Trustee, including without limitation the risk of the Trustee acting on unauthorized instructions, instructions and the risk or of interception and misuse by third parties. All notices and communications described above shall be deemed to have been duly given: at the time delivered by hand, if personally delivered; five Business Days after being deposited in the mail, postage prepaid, if mailed; when sent, if by e-mail in PDF format; when receipt acknowledged, if faxed or telecopied; and the next Business Day after timely delivery to the courier, if sent by overnight courier guaranteeing next day delivery. Any notice or communication 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. Any notice or communication delivered or to be delivered to a Holder of Global Notes shall be delivered in accordance with the applicable procedures of the Depositary and shall be sufficiently given to it if so delivered within the time prescribed. Failure to mail or deliver a notice or communication to a Holder or any defect in it shall not affect its sufficiency with respect to other Holders. If a notice or communication is mailed or delivered, as the case may be, in the manner provided above, it is duly given, whether or not the addressee receives it. In case by reason of the suspension of regular mail service or by reason of any other cause it shall be impracticable to give such notice to Holders by mail, then such notification as shall be made with the approval of the Trustee shall constitute a sufficient notification for every purpose hereunder.
Appears in 1 contract
Samples: Ensco PLC
Addresses for Notices, Etc. Any notice or demand which by any provision of this Indenture is required or permitted to be given or served by the Trustee or by the Holders of Securities to or Noteholders on the Company shall be deemed to have been sufficiently given or the Guarantor may be made, for all purposes if given or served by being deposited postage prepaid first class by registered or certified mail in a post office letter box addressed (until another address is filed by the Company with the Trustee)) to Forest City Enterprises, as follows: if to the CompanyInc., Aon plc50 Public Square, 0 Xxxxxxxxxx XxxxxxXxxxxxxx Xxxxx, XxxxxxXxxxx 0000, XxxxxxxXxxxxxxxx, Xxxx 00000-0000, Attention: Treasurer; and if to the Guarantor, Aon Corporation, 000 Xxxx Xxxxxxxx Xxxxxx, Chicago, Illinois 60601, Attention: TreasurerGeneral Counsel. Any notice, direction, request or demand by the Company or the Guarantor, or any Securityholder hereunder to or upon the Trustee shall be deemed to have been sufficiently given or made, for all purposes, if given delivered in person, or made in writing mailed by first-class mail (postage prepaid, registered or certified, return receipt requested) addressed to the Trustee at its Corporate Trust Department, 0 X. XxXxxxx Street, Suite 1020, Chicago, Illinois 60602Office, or at any other address previously furnished in writing sent by guaranteed overnight courier to the Company Trustee at its Corporate Trust Office, or transmitted by facsimile transmission to 000-000-0000 (and confirmed by delivery in person, or by first-class mail (postage prepaid, registered or certified, return receipt requested), or by guaranteed overnight courier). The Trustee, by notice to the TrusteeCompany, 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 Issuer Company elects to give the Trustee e-mail or facsimile instructions (or instructions by a similar electronic method) and the Trustee in its reasonable discretion elects to act upon such instructions, the Trustee’s understanding of such instructions shall be deemed controlling, absent gross negligence or manifest error. The Trustee shall not be liable for any losses, costs or expenses arising directly or indirectly from the Trustee’s prior reliance upon and compliance with such instructions notwithstanding such instructions conflict or are inconsistent with a subsequent written instruction. The Issuer Company agrees to assume all risks arising out of the use of any 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 of interception and misuse by third parties. Any notice or communication mailed to a Noteholder shall be mailed to it by first class mail, postage prepaid, at its address as its address appears on the Note Register and shall be sufficiently given to it 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 in the manner provided above, it is duly given, whether or not the addressee receives it.
Appears in 1 contract
Samples: Forest City Enterprises Inc
Addresses for Notices, Etc. Any notice or demand which by any provision of this Indenture is required or permitted to be given or served by the Trustee or by the Holders of Securities to or on the Company or the Guarantor may be given or served by being deposited postage prepaid first class mail in a post office letter box addressed (until another address is filed by the Company with the Trustee), as follows: if to the Company, Aon plcCorporation, 0 Xxxxxxxxxx 000 Xxxx Xxxxxxxx Xxxxxx, XxxxxxChicago, XxxxxxxIllinois 60601, Attention: Treasurer; and if to the Guarantor, Aon Corporationplc, 000 Xxxx Xxxxxxxx Xxxxxxxxxx Xxxxxx, ChicagoXxxxxx, Illinois 60601Xxxxxxx, Attention: Treasurer. Any notice, direction, request or demand by the Company or the Guarantor, or any Securityholder to or upon the Trustee shall be deemed to have been sufficiently given or made, for all purposes, if given or made in writing at its Corporate Trust Department, 0 X. XxXxxxx Street, Suite 1020, Chicago, Illinois 60602, or at any other address previously furnished in writing to the Company by the Trustee. 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 elects to give the Trustee e-mail or facsimile instructions (or instructions by a similar electronic method) and the Trustee in its reasonable discretion elects to act upon such instructions, the Trustee’s understanding of such instructions shall be deemed controlling, absent gross negligence or manifest error. The Trustee shall not be liable for any losses, costs or expenses arising directly or indirectly from the Trustee’s prior reliance upon and compliance with such instructions notwithstanding such instructions conflict or are inconsistent with a subsequent written instruction. The Issuer agrees to assume all risks arising out of the use of any such electronic methods to submit instructions and directions to the Trustee, including without limitation the risk of the Trustee acting on unauthorized instructions, and the risk or interception and misuse by third parties.
Appears in 1 contract
Samples: Indenture (Aon Corp)
Addresses for Notices, Etc. Any notice or demand which that by any provision of this Indenture is required or permitted to be given or served by the Trustee or by the Holders of Securities to or on the Company or the Guarantor may shall be deemed to have been sufficiently given or served made, for all purposes (i) by hand (in which case notice shall be effective upon delivery), (ii) by facsimile (in which case notice shall be effective upon receipt of confirmation of good transmission thereof) or (iii) by overnight delivery by a nationally recognized courier service (in which case such notice shall be effective on the Business Day immediately after being deposited postage prepaid first class mail in a post office letter box with such courier service) addressed (until another address is filed by the Company with the Trustee)) to Teekay Corporation, as follows: if to the Company0xx Xxxxx, Aon plcXxxxxxxxx Xxxxxxxx, 0 Xxxxxxxxxx Xxxxxx00 Xxxxx Xxx Road Xxxxxxxx XX 08, Xxxxxx, XxxxxxxBermuda, Attention: Treasurer; and if to the Guarantor, Aon Corporation, 000 Xxxx Xxxxxxxx Xxxxxx, Chicago, Illinois 60601, Attention: TreasurerCorporate Secretary. Any notice, direction, request or demand by the Company or the Guarantor, or any Securityholder hereunder to or upon the Trustee shall be deemed to have been sufficiently given or made, for all purposes, if given or made in writing upon receipt by the Trustee at its Corporate Trust Department, 0 X. XxXxxxx Street, Suite 1020, Chicago, Illinois 60602, or at any other address previously furnished in writing to the Company by the TrusteeOffice. The Trustee agrees to accept and act upon instructions or directions from the Company pursuant to this Indenture sent by unsecured e-mail, pdf, facsimile transmission or other similar unsecured electronic methods, ; provided, however, that (a) the party providing such electronic instructions or directions, subsequent to the transmission thereof, shall provide the originally executed instructions or directions to the Trustee in a timely manner and (b) such originally executed instructions or directions shall have received be signed by an incumbency certificate listing persons designated to give authorized representative of the party providing 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 elects to give the Trustee e-mail or facsimile instructions (or instructions by a similar electronic method) and the Trustee in its reasonable discretion elects to act upon such instructions, the Trustee’s understanding of such instructions shall be deemed controlling, absent gross negligence or manifest errordirections. The Trustee shall not be liable for any losses, costs or expenses arising directly or indirectly from the Trustee’s prior reliance upon and compliance with such instructions or directions notwithstanding such instructions or directions conflict or are inconsistent with a subsequent written instructioninstruction or direction or if the subsequent written instruction or direction is never received. The Issuer party providing instructions or directions by unsecured e-mail, facsimile transmission or other similar unsecured electronic methods, as aforesaid, agrees to assume all risks arising out of the use of any 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 of interception and misuse by third parties. The Trustee, by notice to the Company, may designate additional or different addresses for subsequent notices or communications. Any notice or communication mailed to a Holder of a Physical Note 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, notwithstanding anything to the contrary herein, notices given to Holders of Global Notes may be given electronically through the facilities of the Depositary. Failure to mail or give 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 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 of Physical Notes by mail, then such notification as shall be made with the approval of the Trustee shall constitute a sufficient notification for every purpose hereunder.
Appears in 1 contract
Samples: Indenture (Teekay Corp)
Addresses for Notices, Etc. Any notice or demand which by any provision of this Indenture is required or permitted to be given or served by the Trustee or by the Holders of Securities to or on the Company or the Guarantor may be given or served by being deposited postage prepaid first class mail in a post office letter box addressed (until another address is filed by the Company with the Trustee), as follows: if communication to the Company, Aon plc, 0 Xxxxxxxxxx Xxxxxx, Xxxxxx, Xxxxxxx, Attention: Treasurer; and if to the Guarantor, Aon Corporation, 000 Xxxx Xxxxxxxx Xxxxxx, Chicago, Illinois 60601, Attention: Treasurer. Any notice, direction, request any Subsidiary Guarantor or demand by the Company or the Guarantor, or any Securityholder to or upon the Trustee shall be deemed to have been sufficiently given or made, for all purposes, if given or made in writing at its Corporate Trust Departmentin English and delivered in person or mailed by certified or registered mail (return receipt requested), 0 X. XxXxxxx Streete-mail in PDF format, Suite 1020facsimile, Chicagotelecopier or overnight courier guaranteeing next day delivery, Illinois 60602, or at any other address previously furnished in writing addressed as follows: If to the Company by or any Subsidiary Guarantor: Chesapeake Energy Corporation6100 Xxxxx Xxxxxxx XxxxxxXxxxxxxx Xxxx, Xxxxxxxx 00000Xxxxxxxxx: TreasurerFacsimile: (000) 000-0000 If to the Trustee: Deutsche Bank Trust Company AmericasTrust & Agency Services60 Wall Street, 16th FloorMail Stop: XXX00-0000Xxx Xxxx, Xxx Xxxx 00000Xxxxxxxxx: Corporates Deal Team Manager - Chesapeake Energy CorporationFacsimile: (000) 000-0000 with a copy to: Deutsche Bank Trust Company Americasc/o Deutsche Bank National Trust CompanyTrust & Agency Services100 Plaza One Mail Stop: JCY03-0699Jersey City, New Jersey 07311Attention: Corporates Deal Team Manager - Chesapeake Energy CorporationFacsimile: (000) 000-0000 The Company or any Subsidiary Guarantor or the Trustee by notice to the other may designate additional or different addresses for subsequent notices or communications. The Trustee agrees to accept and act upon instructions or directions pursuant to this Indenture sent by unsecured e-mail, pdfmail in PDF format, 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 Company elects to give the Trustee e-mail in PDF format or facsimile instructions (or instructions by a similar electronic method) and the Trustee in its reasonable discretion elects to act upon such instructions, the Trustee’s reasonable understanding of such instructions shall be deemed controlling, absent gross negligence or manifest error. The Trustee shall not be liable for any losses, costs or expenses arising directly or indirectly from the Trustee’s prior reasonable reliance upon and compliance with such instructions notwithstanding such instructions conflict or are inconsistent with a subsequent written instruction. The Issuer Company agrees to assume all risks arising out of incidents of actual use by the use Company of any such electronic methods to submit instructions and directions to the Trustee, including without limitation the risk of the Trustee acting on unauthorized instructions, instructions and the risk or of interception and misuse by third parties. All notices and communications described above shall be deemed to have been duly given: at the time delivered by hand, if personally delivered; five Business Days after being deposited in the mail, postage prepaid, if mailed; when sent, if by e-mail in PDF format; when receipt acknowledged, if faxed or telecopied; and the next Business Day after timely delivery to the courier, if sent by overnight courier guaranteeing next day delivery. 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, in the case of Global Notes, notices given to Holders and beneficial owners may be given through the facilities of the Depositary. Failure to mail a notice or communication to a Holder or any defect in it shall not affect its sufficiency with respect to other Holders. If a notice or communication is mailed in the manner provided above, it is duly given, whether or not the addressee receives it. In case by reason of the suspension of regular mail service or by reason of any other cause it shall be impracticable to give such notice to Holders by mail, then such notification as shall be made with the approval of the Trustee shall constitute a sufficient notification for every purpose hereunder.
Appears in 1 contract
Samples: Chesapeake Energy Corp
Addresses for Notices, Etc. Any notice or demand which that by any provision of this Indenture is required or permitted to be given or served made by the Trustee or by the Holders of Securities to or on the Company or the Guarantor may Guarantors shall be deemed to have been sufficiently given or served made, for all purposes if given or made by being deposited postage prepaid first class by registered or certified mail in a post office letter box addressed (until another address is filed by the Company or the Guarantors with the Trustee), as follows: if ) to the Company, Aon Iterum Therapeutics plc, Block 2, Floor 0 Xxxxxxxxxx Xxxxxxxx Xxxxxx, Xxxxxxxx Xxxxxx, Xxxxxx 0, Xxxxxxx, Attention: Treasurer; and if Xxxxx Xxxxxxx, with a copy to the GuarantorIterum Therapeutics plc, Aon CorporationXxxxx Xxxxxxxxxx, 000 Xxxx Xxxxx 0, Xxxxx 0 Xxxxxxxx Xxxxxx, ChicagoXxxxxxxx Xxxxxx, Illinois 60601Xxxxxx 0, Attention: TreasurerXxxxxxx. Any notice, direction, request or demand by the Company or the Guarantor, or any Securityholder hereunder to or upon the Trustee shall be in writing (including facsimile or electronic transmission in PDF format). Notices by certified or registered mail shall be deemed to have been sufficiently given or made, for all purposes, if given or made by being deposited postage prepaid by registered or certified mail in writing at its a post office letter box addressed to the Corporate Trust DepartmentOffice or sent electronically in PDF format and, 0 X. XxXxxxx Streetin each case, Suite 1020upon actual receipt by the Trustee. Notice to the Trustee by electronic shall be deemed to have been sufficiently given or made, Chicagofor all purposes, Illinois 60602, if sent to xxx.xxxxxxxxxxx@xxxxxx.xxx or at any such other email address previously furnished as the Trustee may from time to time designate in writing to the Company by the TrusteeHolders absent receipt of a failure to deliver notice. 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, provided 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. The Trustee, by notice to the Company, may designate additional or different addresses for subsequent notices or communications. Any notice or communication sent to a Holder 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. Any notice or communication sent to Holders of Global Notes shall be sent in accordance with the applicable procedures of the Depositary and shall be sufficiently given to it if so sent within the time prescribed. Failure to 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 or 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. In addition to the foregoing, the Trustee agrees to accept and act upon notice, instructions or directions pursuant to this Indenture sent by unsecured e-mail, facsimile transmission or other similar unsecured electronic methods. If the Issuer party elects to give the Trustee e-mail or facsimile instructions (or instructions by a similar electronic method) ), and the Trustee in its reasonable discretion elects to act acts upon such instructions, the Trustee’s understanding of such instructions shall be deemed controlling, absent gross negligence or manifest error. The Trustee shall not be liable for any losses, costs or expenses arising directly or indirectly from the Trustee’s prior reliance upon and compliance with such instructions notwithstanding such instructions conflict or are inconsistent with a subsequent written instruction. The Issuer party providing electronic instructions agrees to assume all risks arising out of the use of any such electronic methods to submit instructions and directions to the Trustee, including including, without limitation limitation, the risk of the Trustee acting on unauthorized instructions, and the risk or interception and misuse by third parties.. 116
Appears in 1 contract
Samples: Indenture (Iterum Therapeutics PLC)
Addresses for Notices, Etc. Any notice or demand which by any provision of this Indenture is required or permitted to be given or served by the Trustee or by the Holders holders of Securities to or Notes on the Company or the Guarantor may be given or served by being deposited postage prepaid first class mail in a post office letter box addressed (until another address is filed by the Company with the Trustee), as follows: if to the Company, Aon plc, 0 Xxxxxxxxxx Xxxxxx, Xxxxxx, Xxxxxxx, Attention: Treasurer; and if to the Guarantor, Aon Corporation, 000 Xxxx Xxxxxxxx Xxxxxx, Chicago, Illinois 60601, Attention: Treasurer. Any any notice, direction, request or demand by the Company or the Guarantor, or any Securityholder hereunder to or upon the Trustee or to or upon any Noteholder shall be deemed to have been sufficiently given or made, for all purposespurposes (i) upon receipt, when delivered personally; (ii) upon receipt, when sent by facsimile (evidence by mechanically or electronically generated receipt by the sender's facsimile machine); (iii) one (1) Business Day after deposit with a nationally recognized overnight delivery service; or (iv) three (3) Business Days after deposit in the United States mail, with first-class postage pre-paid, mailed by registered or certified mail; in each case properly addressed to the party to receive the same. The addresses and facsimile numbers of such communications shall be: If to the Company: ATS Medical, Inc. 3905 Annapolis Lane, Suite 105 Minneapolis, Minnesota 00000 Xxxxxxxxx: (000) 000-0000 Xxxxxxxxx: (003) 557-2244 Xxxxxxxxx: Xx. John R. Judd Xx xx xxx Xxxxtee: Wells Xxxxx Xxxx, National Association Sixth and Marquxxxx Minneapolis, Minnesota 55979 Telephone (612) 316-1445 Xxxxxxxxx: (000) 667-9825 Xxxxxxxxx: Xxxporate Trust Administratixx 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 the Securities Purchase Agreement regarding notices. The Trustee, by notice to the Company, 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. Failure to give 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 given or made in writing at its Corporate Trust Departmentthe manner provided above, 0 X. XxXxxxx Streetit is duly given or made, Suite 1020, Chicago, Illinois 60602, whether or at any other address previously furnished in writing to not the Company by the Trustee. 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 elects to give the Trustee e-mail or facsimile instructions (or instructions by a similar electronic method) and the Trustee in its reasonable discretion elects to act upon such instructions, the Trustee’s understanding of such instructions shall be deemed controlling, absent gross negligence or manifest error. The Trustee shall not be liable for any losses, costs or expenses arising directly or indirectly from the Trustee’s prior reliance upon and compliance with such instructions notwithstanding such instructions conflict or are inconsistent with a subsequent written instruction. The Issuer agrees to assume all risks arising out of the use of any 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 partiesaddressee receives it.
Appears in 1 contract
Samples: Ats Medical Inc
Addresses for Notices, Etc. Any notice or demand which by any provision of this Indenture is required or permitted to be given or served by the Trustee or by the Holders of Securities to or on the Company or the Guarantor may be given or served by being deposited postage prepaid first class mail in a post office letter box addressed (until another address is filed by the Company with the Trustee), as follows: if to the Company, Aon plcCorporation, 0 Xxxxxxxxxx 000 Xxxx Xxxxxxxx Xxxxxx, XxxxxxChicago, XxxxxxxIllinois 60601, Attention: Treasurer; and if to the Guarantor, Aon Corporationplc, 000 Xxxx Xxxxxxxx Xxxxxxxxxx Xxxxxx, ChicagoXxxxxx, Illinois 60601Xxxxxxx, Attention: Treasurer. Any notice, direction, request or demand by the Company or the Guarantor, or any Securityholder to or upon the Trustee shall be deemed to have been sufficiently given or made, for all purposes, if given or made in writing at its Corporate Trust Department, 0 X. XxXxxxx Street, Suite 1020, Chicago, Illinois 60602, or at any other address previously furnished in writing to the Company by the Trustee. .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 elects to give the Trustee e-mail or facsimile instructions (or instructions by a similar electronic method) and the Trustee in its reasonable discretion elects to act upon such instructions, the Trustee’s understanding of such instructions shall be deemed controlling, absent gross negligence or manifest error. The Trustee shall not be liable for any losses, costs or expenses arising directly or indirectly from the Trustee’s prior reliance upon and compliance with such instructions notwithstanding such instructions conflict or are inconsistent with a subsequent written instruction. The Issuer agrees to assume all risks arising out of the use of any such electronic methods to submit instructions and directions to the Trustee, including without limitation the risk of the Trustee acting on unauthorized instructions, and the risk or interception and misuse by third parties.
Appears in 1 contract
Samples: Indenture (Aon Corp)
Addresses for Notices, Etc. Any notice or demand which by any provision of this Indenture is required or permitted to be given or served by the Trustee or by the Holders of Securities to or Noteholders on the Company shall be deemed to have been sufficiently given or the Guarantor may be made, for all purposes if given or served by being deposited postage prepaid first class by registered or certified mail in a post office letter box addressed (until another address is filed by the Company with the Trustee), as follows: if ) to the Company, Aon plc0 Xxxxx Xxxxx Xxxxx, 0 Xxxxxxxxxx XxxxxxXxxxx 000, XxxxxxXxxxxxxxx, XxxxxxxXX 00000, Attention: Treasurer; and if to the Guarantor, Aon Corporation, 000 Xxxx Xxxxxxxx Xxxxxx, Chicago, Illinois 60601, Attention: TreasurerX. Xxxxxxxxx. Any notice, direction, request or demand by the Company or the Guarantor, or any Securityholder hereunder to or upon the Trustee shall be deemed to have been sufficiently given or made, for all purposes, if given or made served by being deposited postage prepaid by registered or certified mail in writing at its a post office letter box addressed to The Bank of New York, 000 Xxxxxxx Xxxxxx, Floor 8W, New York, New York 10286, Attention: Corporate Trust DepartmentAdministration. The Trustee, 0 X. XxXxxxx Street, Suite 1020, Chicago, Illinois 60602, or at any other address previously furnished in writing by notice to the Company by the TrusteeCompany, 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 Issuer party elects to give the Trustee e-mail or facsimile instructions (or instructions by a similar electronic method) and the Trustee in its reasonable discretion elects to act upon such instructions, the Trustee’s understanding of such instructions shall be deemed controlling, absent gross negligence or manifest error. The Trustee shall not be liable for any losses, costs or expenses arising directly or indirectly from the Trustee’s prior reliance upon and compliance with such instructions notwithstanding such instructions conflict or are inconsistent with a subsequent written instruction. The Issuer party providing electronic instructions agrees to assume all risks arising out of the use of any 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. Notwithstanding anything to the contrary contained herein, as long as the Securities are in the form of a Global Security, notice to the Holders may be made electronically in accordance with procedures of the Depositary. Any notice or communication mailed to a Noteholder shall be mailed to such Noteholder by first class mail, postage prepaid, at the address of such Noteholder that 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 in the manner provided above, it is duly given, whether or not the addressee receives it.
Appears in 1 contract
Samples: TICC Capital Corp.
Addresses for Notices, Etc. Any notice or demand which that by any provision of this Indenture is required or permitted to be given or served by the Trustee or by the Holders of Securities to or on the Company shall be deemed to have been sufficiently given or the Guarantor may be made, for all purposes if given or served by overnight courier or by being deposited postage prepaid first class by registered or certified mail in a post office letter box addressed (until another address is filed by the Company with the Trustee)) to Pacira BioSciences, as follows: if to the CompanyInc., Aon plc5 Xxxxxx Xxx, 0 Xxxxxxxxxx XxxxxxXxxxx 000, XxxxxxXxxxxxxxxx, XxxxxxxXX 00000, Attention: Treasurer; and if to the Guarantor, Aon Corporation, 000 Xxxx Xxxxxxxx Xxxxxx, Chicago, Illinois 60601, Attention: TreasurerChief Financial Officer or sent electronically in PDF format. Any notice, direction, request or demand by the Company or the Guarantor, or any Securityholder hereunder to or upon the Trustee shall be deemed to have been sufficiently given or made, for all purposes, if given or made served by being deposited postage prepaid by registered or certified mail in writing at its a post office letter box addressed to the Corporate Trust DepartmentOffice or sent electronically in PDF format. The Trustee, 0 X. XxXxxxx Street, Suite 1020, Chicago, Illinois 60602, or at any other address previously furnished in writing by notice to the Company by the TrusteeCompany, 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 Issuer Company elects to give the Trustee e-mail or facsimile instructions (or instructions by a similar electronic method) and the Trustee in its reasonable discretion elects to act upon such instructions), the Trustee’s understanding of such instructions shall be deemed controlling, absent gross negligence or manifest error. The Trustee shall not be liable for any losses, costs fees, costs, damages or expenses arising directly or indirectly from the Trustee’s prior reliance upon and compliance with such instructions notwithstanding that such instructions may conflict or are inconsistent with a subsequent written instruction. The Issuer Company agrees to assume all risks arising out of the use of any 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 of interception and misuse by third parties. The Trustee shall have the right, but shall not be required, to rely upon and comply with notices, instructions, directions or other communications sent by email, facsimile and other similar unsecured electronic methods by persons believed by the Trustee to be authorized to give instructions and directions on behalf of the Company. The Trustee shall have no duty or obligation to verify or confirm that the person who sent such instructions or directions is, in fact, a person authorized to give instructions or directions on behalf of the Company; and the Trustee shall have no liability for any losses, liabilities, costs or expenses incurred or sustained by the Company a result of such reliance upon or compliance with such notices, instructions, directions or other communications. The Company agrees to assume all risks arising out of the use of such electronic methods to submit notices, instructions, directions or other communications to the Trustee, including, without limitation, the risk of the Trustee acting on unauthorized instructions, and the risk of interception and misuse by third parties. The Company shall use all reasonable endeavors to ensure that any such notices, instructions, directions or other communications transmitted to the Trustee pursuant to this Indenture are complete and correct. Any such notices, instructions, directions or other communications shall be conclusively deemed to be valid instructions from the Company to the Trustee for the purposes of this Indenture. 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, however, that notices given to Holders of any Global Note may be given through the facilities of the 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 applicable Holder). Failure to 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 mailed in the manner provided above, it is duly given, whether or not the addressee receives it. In case by reason of the suspension of regular mail service or by reason of any other cause it shall be impracticable to give such notice to Holders by mail, then such notification as shall be made with the approval of the Trustee shall constitute a sufficient notification for every purpose hereunder.
Appears in 1 contract
Samples: Indenture (Pacira BioSciences, Inc.)
Addresses for Notices, Etc. Any notice or demand which that by any provision of this Indenture is required or permitted to be given or served by the Trustee or by the Holders of Securities to or on the Company shall be deemed to have been sufficiently given or the Guarantor may be made, for all purposes if given or served by being deposited postage prepaid first class by registered or certified mail in a post office letter box addressed (until another address is filed by the Company with the Trustee)) to Gamida Cell Ltd., as follows: if to the Company, Aon plc, 0 Xxxxxxxxxx 000 Xxxxxxxx Xxxxxx, Xxxxxx, XxxxxxxXxxxxxxxxxxxx, 00000, Attention: Treasurer; and if Chief Executive Officer, with a copy (which shall not constitute notice) to the Guarantor, Aon CorporationXxxxxx LLP, 000 Xxxx Xxxxxxxx Xxxxxxxxxx Xxxxxx, Chicago0xx Xxxxx, Illinois 60601Xxx Xxxxxxxxx, XX 00000, Attention: TreasurerXxxx-Xxxxxxx a Marca. Any notice, direction, request or demand by the Company or the Guarantor, or any Securityholder hereunder to or upon the Trustee shall be deemed to have been sufficiently given or made, for all purposes, if given or made served by being deposited postage prepaid by registered or certified mail in writing at its a post office letter box addressed to the Corporate Trust Department, 0 X. XxXxxxx Street, Suite 1020, Chicago, Illinois 60602, or at any other address previously furnished in writing to the Company by the TrusteeOffice. 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 party elects to give the Trustee e-mail or facsimile instructions (or instructions by a similar electronic method) and the Trustee in its reasonable discretion elects to act upon such instructions, the Trustee’s understanding of such instructions shall be deemed controlling, absent gross negligence or manifest error. The Trustee shall not be liable for any losses, costs or expenses arising directly or indirectly from the Trustee’s prior reliance upon and compliance with such instructions notwithstanding such instructions conflict or are inconsistent with a subsequent written instruction. The Issuer party providing electronic instructions agrees to assume all risks arising out of the use of any 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 of interception and misuse by third parties. 126 Any notice or communication 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. Any notice or communication delivered or to be delivered to a Holder of Global Notes shall be delivered in accordance with the Applicable Procedures of the Depositary and shall be sufficiently given to it if so delivered within the time prescribed. Notwithstanding any other provision of this Indenture or any Note, where this Indenture or any Note provides for notice of any event (including any Fundamental Change Company Notice) to a Holder of a Global Note (whether by mail or otherwise), such notice shall be sufficiently given if given to the Depositary (or its designee) pursuant to the standing instructions from the Depositary or its designee, including by electronic mail in accordance with the Depositary’s Applicable Procedures. Failure to mail or deliver a notice or communication to a Holder or any defect in it shall not affect its sufficiency with respect to other Holders. If a notice or communication is mailed or delivered, as the case may be, in the manner provided above, it is duly given, whether or not the addressee receives it.
Appears in 1 contract
Samples: Indenture (Gamida Cell Ltd.)