Common use of Manner of Giving Notice; Affidavit of Notice Clause in Contracts

Manner of Giving Notice; Affidavit of Notice. Notice of any meeting of stockholders shall be deemed given: (a) if mailed, when deposited in the United States mail, postage prepaid, directed to the stockholder at such stockholder’s address as it appears on the Corporation’s records; or (b) if electronically transmitted as provided in Section 8.1. An affidavit of the Secretary or an assistant secretary of the Corporation or of the transfer agent or any other agent of the Corporation that the notice has been given by mail or by a form of electronic transmission, as applicable, shall, in the absence of fraud, be prima facie evidence of the facts stated therein.

Appears in 1 contract

Samples: Merger Agreement (Park Place Energy Corp.)

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Manner of Giving Notice; Affidavit of Notice. Notice of any meeting of stockholders shall be deemed given: (ai) if mailed, when deposited in the United States U.S. mail, postage prepaid, directed to the stockholder at such stockholder’s his or her address as it appears on the Corporation’s records; or (bii) if electronically transmitted as provided in Section 8.16.051(b)(2) of the TBOC. An affidavit of the Secretary secretary or an assistant secretary of the Corporation or of the transfer agent or any other agent of the Corporation that the notice has been given by mail or by a form of electronic transmission, as applicable, shall, in the absence of fraud, be prima facie evidence of the facts stated therein.

Appears in 1 contract

Samples: Merger Agreement (FAST Acquisition Corp.)

Manner of Giving Notice; Affidavit of Notice. Notice of any meeting of stockholders shall be deemed given: (a) if mailed, when deposited in the United States U.S. mail, postage prepaid, directed to the stockholder at such stockholder’s his or her address as it appears on the Corporation’s records; or (b) if electronically transmitted as provided in Section 8.1the DGCL. An affidavit of the Secretary secretary or an assistant secretary of the Corporation or of the transfer agent or any other agent of the Corporation that the notice has been given by mail or by a form of electronic transmission, as applicable, shall, in the absence of fraud, be prima facie evidence of the facts stated therein.

Appears in 1 contract

Samples: Merger Agreement (Ligand Pharmaceuticals Inc)

Manner of Giving Notice; Affidavit of Notice. Notice of any meeting of stockholders shall be deemed given: (a) if mailed, when deposited in the United States mail, postage prepaid, directed to the stockholder at such stockholder’s his or her address as it appears on the Corporationcorporation’s records; or (b) if electronically transmitted as provided in Section 8.18.1 of these bylaws. An affidavit of the Secretary secretary or an assistant secretary of the Corporation corporation or of the transfer agent or any other agent of the Corporation corporation that the notice has been given by mail or by a form of electronic transmission, as applicable, shall, in the absence of fraud, be prima facie evidence of the facts stated therein.

Appears in 1 contract

Samples: Loan and Security Agreement (Cytokinetics Inc)

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Manner of Giving Notice; Affidavit of Notice. Notice of any meeting of stockholders shall be deemed given: (ai) if mailed, when deposited in the United States U.S. mail, postage prepaid, directed to the stockholder at such stockholder’s his or her address as it appears on the Corporation’s records; or (bii) if electronically transmitted as provided in Section 8.1. An affidavit of the Secretary secretary or an assistant secretary of the Corporation or of the transfer agent or any other agent of the Corporation that the notice has been given by mail or by a form of electronic transmission, as applicable, shall, in the absence of fraud, be prima facie evidence of the facts stated therein.

Appears in 1 contract

Samples: Common Stock Purchase Agreement (Nesco Holdings, Inc.)

Manner of Giving Notice; Affidavit of Notice. Notice of any meeting of stockholders shall be deemed given: (ai) if mailed, when deposited in the United States mail, postage prepaid, directed to the stockholder at such stockholder’s his or her address as it appears on the Corporation’s records; or (bii) if electronically transmitted as provided in Section 8.17.1 of these bylaws. An affidavit of the Secretary secretary or an assistant secretary of the Corporation or of the transfer agent or any other agent of the Corporation that the notice has been given by mail or by a form of electronic transmission, as applicable, shall, in the absence of fraud, be prima facie evidence of the facts stated therein.

Appears in 1 contract

Samples: Merger Agreement (Procera Networks, Inc.)

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