Common use of Copies of Documents and Other Notices Clause in Contracts

Copies of Documents and Other Notices. (a) The Trustee, upon written request, shall furnish to each requesting Noteholder or Beneficial Holder that has executed and delivered to the Registrar a Confidentiality Agreement and the Servicer, promptly upon receipt thereof, duplicates or copies of all reports, Notices, requests, demands, certificates, financial statements and other instruments furnished to the Trustee under or in connection with this Indenture; provided, that any such Beneficial Holder shall have submitted a certification to the Trustee certifying as to its Beneficial Interests. (b) The Trustee shall furnish to Noteholders and Beneficial Holders that have executed and delivered to the Registrar a Confidentiality Agreement and the Servicer promptly after receipt thereof any reports or notices received from any of the Issuer, the Equityholder, the Seller or Counterparty. The Trustee may conclusively rely on the validity of any Confidentiality Agreement delivered to it, and may assume that each Beneficial Holder that has delivered a Confidentiality Agreement continues to beneficially own the Notes and is entitled to receive the information requested in accordance with this Section 6.2 absent receipt by the Trustee of written notice to the contrary. (c) Each party hereto acknowledges and agrees that the Trustee may effect delivery of any Distribution Report (including the materials accompanying such Distribution Report) or any other of the information in this Section 6.2 by posting such on an IntraLinks site or a substantially similar electronic transmission system established by the Issuer for this purpose; provided, however, that only Noteholders or Beneficial Holders that have executed and delivered to the Registrar a Confidentiality Agreement shall be entitled to have access to such material; provided, that, upon written notice to the Trustee, any Noteholder or Beneficial Holder may decline to receive such information via IntraLinks or a substantially similar electronic transmission system.

Appears in 3 contracts

Samples: Indenture (Alexza Pharmaceuticals Inc.), Indenture (Alexza Pharmaceuticals Inc.), Indenture (Alexza Pharmaceuticals Inc.)

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Copies of Documents and Other Notices. (a) The Trustee, upon written request, shall furnish to each requesting Noteholder or Beneficial Holder that has executed and delivered to the Registrar a Confidentiality Agreement and the ServicerAgreement, promptly upon receipt thereof, duplicates or copies of all reports, Notices, requests, demands, certificates, financial statements and other instruments furnished to the Trustee under or in connection with this Indenture; provided, that any such Beneficial Holder shall have submitted a certification to the Trustee certifying as to its Beneficial Interests. (b) The Trustee shall furnish to Noteholders and Beneficial Holders that have executed and delivered to the Registrar a Confidentiality Agreement and the Servicer promptly after receipt thereof any reports or notices received from any of the Issuer, the Equityholder, the Seller or Counterparty. The Trustee may conclusively rely on the validity of any Confidentiality Agreement delivered to it, and may assume that each Beneficial Holder that has delivered a Confidentiality Agreement continues to beneficially own the Notes and is entitled to receive the information requested in accordance with this Section 6.2 absent receipt by the Trustee of written notice to the contrary. (c) Each party hereto acknowledges and agrees that the Trustee may effect delivery of any Distribution Report (including the materials accompanying such Distribution Report) or any other of the information in this Section 6.2 by making such Distribution Report and accompanying materials available by posting such Distribution Report and accompanying materials on an IntraLinks site or a substantially similar electronic transmission system established by the Issuer for this purpose; provided, however, that the Issuer shall ensure that only Noteholders or Beneficial Holders that have executed and delivered to the Registrar a Confidentiality Agreement shall be entitled to have access to such materialtransmission system; provided, further, however, that, upon written notice to the Trustee, any Noteholder or Beneficial Holder may decline to receive such information Distribution Report and accompanying materials via IntraLinks or a substantially similar electronic transmission system, in which case such Distribution Report and accompanying materials shall be provided as otherwise set forth in the Deal Documents. Subject to the conditions set forth in the proviso in the preceding sentence, nothing in this Section 6.2 shall prejudice the right of the Trustee to make such Distribution Report and accompanying materials available in any other manner specified in the Deal Documents.

Appears in 1 contract

Samples: Indenture (Ironwood Pharmaceuticals Inc)

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Copies of Documents and Other Notices. (a) The Trustee, upon written request, shall furnish to each requesting Noteholder or Beneficial Holder that has executed and delivered to the Registrar a Confidentiality Agreement and the ServicerAgreement, promptly upon receipt thereof, duplicates or copies of all reports, Notices, requests, demands, certificates, financial statements and other instruments furnished to the Trustee under or in connection with this Indenture; provided, that any such Beneficial Holder shall have submitted a certification to the Trustee certifying as to its Beneficial Interests. (b) The Trustee shall furnish to Noteholders and Beneficial Holders that have executed and delivered to the Registrar a Confidentiality Agreement and the Servicer promptly after receipt thereof any reports or notices received from any of the Issuer, the Equityholder, the Seller or Counterparty. The Trustee may conclusively rely on the validity of any Confidentiality Agreement delivered to it, and may assume that each Beneficial Holder that has delivered a Confidentiality Agreement continues to beneficially own the Notes and is entitled to receive the information requested in accordance with this Section 6.2 absent receipt by the Trustee of written notice to the contrary. (c) Each party hereto acknowledges and agrees that the Trustee may effect delivery of any Distribution Report (including the materials accompanying such Distribution Report) or any other of the information in this Section 6.2 by making such Distribution Report and accompanying materials available by posting such Distribution Report and accompanying materials on an IntraLinks site or a substantially similar electronic transmission system established by the Issuer for this purpose; provided, however, that the Issuer shall ensure that only Noteholders or Beneficial Holders that have executed and delivered to the Registrar a Confidentiality Agreement shall be entitled to have access to such materialtransmission system; providedprovided further, however, that, upon written notice to the Trustee, any Noteholder or Beneficial Holder may decline to receive such information Distribution Report and accompanying materials via IntraLinks or a substantially similar electronic transmission system, in which case such Distribution Report and accompanying materials shall be provided as otherwise set forth in the Deal Documents. Subject to the conditions set forth in the proviso in the preceding sentence, nothing in this Section 6.2 shall prejudice the right of the Trustee to make such Distribution Report and accompanying materials available in any other manner specified in the Deal Documents.

Appears in 1 contract

Samples: Indenture (Ironwood Pharmaceuticals Inc)

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