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

Manner of Giving Notice; Affidavit of Notice. Written notice of any meeting of stockholders, if mailed, is given when deposited in the United States mail, postage prepaid, directed to the stockholder at the address of such stockholder as it appears on the records of the Corporation. Notice also shall be deemed given (i) if sent by facsimile telecommunication, when directed to a number at which the stockholder has consented to receive notice; (ii) if sent by electronic mail, when directed to an electronic mail address at which the stockholder has consented to receive notice; (iii) if sent by posting on an electronic network together with separate notice to the stockholder of such specific posting, upon the later of such posting or the giving of such separate notice; and (iv) if sent by any other form of electronic transmission consented to by the stockholder to whom the notice is given. Any consent to receive notice by electronic transmission shall be revocable by written notice from such stockholder to the Corporation. Any such consent shall be deemed revoked if (a) the Corporation is unable to deliver by electronic transmission two consecutive notices given by the Corporation in accordance with such consent and (b) such inability becomes known to the secretary or an assistant secretary of the Corporation or to the transfer agent, or other person responsible for the giving of notice; provided, however, the inadvertent failure to treat such inability as a revocation shall not invalidate any meeting or other action. An affidavit of the secretary or an assistant secretary or of the transfer agent or other agent of the Corporation that the notice has been given shall, in the absence of fraud, be prima facie evidence of the facts stated therein.

Manner of Giving Notice; Affidavit of Notice. Written notice Notice to stockholders may be given by personal delivery, mail, or, with the consent of any meeting the stockholder entitled to receive notice, by facsimile or other means of stockholders, if electronic transmission. If mailed, is such notice shall be delivered by postage prepaid envelope directed to each stockholder at such stockholder’s address as it appears in the records of the Corporation and shall be deemed given when deposited in the United States mail, postage prepaid, directed to the stockholder at the address of such stockholder as it appears on the records of the Corporation. Notice also given by electronic transmission pursuant to this Section 2.5 shall be deemed given given: (i) if sent by facsimile telecommunication, when directed to a facsimile telecommunication number at which the stockholder has consented to receive notice; (ii) if sent by electronic mail, when directed to an electronic mail address at which the stockholder has consented to receive notice; (iii) if sent by posting on an electronic network together with separate notice to the stockholder of such specific posting, upon the later of (A) such posting or and (B) the giving of such separate notice; and (iv) if sent by any other form of electronic transmission consented to by the stockholder to whom the notice is given. Any consent to receive notice by electronic transmission shall be revocable by written notice from such stockholder transmission, when directed to the Corporation. Any such consent shall be deemed revoked if (a) the Corporation is unable to deliver by electronic transmission two consecutive notices given by the Corporation in accordance with such consent and (b) such inability becomes known to the secretary or an assistant secretary of the Corporation or to the transfer agent, or other person responsible for the giving of notice; provided, however, the inadvertent failure to treat such inability as a revocation shall not invalidate any meeting or other actionstockholder. An affidavit of the secretary or an assistant secretary or of the transfer agent or other agent of the Corporation that the notice has been given pursuant to this Section 2.5 shall, in the absence of fraud, be prima facie evidence of the facts stated therein. Notice shall be deemed to have been given to all stockholders of record who share an address if notice is given in accordance with the “householding” rules set forth in Rule 14a-3(e) under the Securities Exchange Act of 1934, as amended (the “Exchange Act”), and Section 233 of the DGCL.

Manner of Giving Notice; Affidavit of Notice. Written notice Notice of any meeting of stockholders, if mailed, is Investors shall be given when deposited in the United States either personally or by first-class mail, postage courier, telegraphic, facsimile or electronic mail, or other written communication, charges prepaid, directed addressed to the stockholder Investor at the address of that Investor appearing on the books of the Partnership or its transfer agent or given by the Investor to the Partnership for the purpose of notice. If no such stockholder as it address appears on the records of the Corporation. Notice also Partnership's books or is given, notice shall be deemed to have been given (i) if sent to that Investor by first-class mail, courier, telegraphic, facsimile telecommunication, when directed to a number at which the stockholder has consented to receive notice; (ii) if sent by or electronic mail, or other written communication to the Partnership's principal executive office. Notice shall be deemed to have been given at the time when directed delivered personally, deposited in the mail or with a courier, or sent by telegram, facsimile, electronic mail or other means of written communication. If any notice addressed to an electronic mail Investor at the address at which of that Investor appearing on the stockholder has consented books of the Partnership is returned to receive notice; (iii) if sent by posting on an electronic network together with separate the Partnership marked to indicate that the notice to the stockholder Investor cannot be delivered at that address, all future notices or reports shall be deemed to have been duly given without further mailing, or substantial equivalent thereof, if such notices shall be available to the Investor on written demand of such specific posting, upon the later Investor at the principal executive office of such posting or the Partnership for a period of one year from the date of the giving of such separate the notice; and (iv) if sent by any other form of electronic transmission consented to by the stockholder to whom the notice is given. Any consent to receive notice by electronic transmission shall be revocable by written notice from such stockholder to the Corporation. Any such consent shall be deemed revoked if (a) the Corporation is unable to deliver by electronic transmission two consecutive notices given by the Corporation in accordance with such consent and (b) such inability becomes known to the secretary or an assistant secretary of the Corporation or to the transfer agent, or other person responsible for the giving of notice; provided, however, the inadvertent failure to treat such inability as a revocation shall not invalidate any meeting or other action. An affidavit of the secretary or an assistant secretary or of the transfer agent mailing or other means of giving any notice of any Investors' meeting shall be executed by the Secretary, Assistant Secretary or any transfer agent of the Corporation that Partnership giving the notice has been given and shall be filed and maintained in the records of the Partnership. Such affidavit shall, in the absence of fraud, be prima facie evidence of the facts stated therein.

Manner of Giving Notice; Affidavit of Notice. Written notice Notice of any a shareholders' meeting of stockholdersshall be given either personally or by first-class mail, or, if mailedthe corporation has outstanding shares held of record by 10 or more persons on the record date for the shareholders' meeting, notice may be sent by third-class mail, or other means of written communication, addressed to the shareholder at the address of the shareholder appearing on the books of the corporation or given by the shareholder to the corporation for the purpose of notice; or if no such address appears or is given, at the place where the principal executive office of the corporation is located or by publication at least once in a newspaper of general circulation in the county in which the principal executive office is located. The notice shall be deemed to have been given at the time when delivered personally or deposited in the United States mail, postage prepaid, directed mail or sent by other means of written communication. If any notice (or any report referenced in Article VII of these By-Laws) addressed to the stockholder a shareholder at the address of such stockholder as it appears shareholder appearing on the records books of the Corporation. Notice also shall be deemed given (i) if sent by facsimile telecommunication, when directed to a number at which the stockholder has consented to receive notice; (ii) if sent by electronic mail, when directed to an electronic mail address at which the stockholder has consented to receive notice; (iii) if sent by posting on an electronic network together with separate notice corporation is returned to the stockholder of such specific posting, upon the later of such posting or the giving of such separate notice; and (iv) if sent by any other form of electronic transmission consented to corporation by the stockholder United States of America Postal Service marked to whom indicate that the notice is given. Any consent to receive notice by electronic transmission shall be revocable by written notice from such stockholder to the Corporation. Any such consent shall be deemed revoked if (a) the Corporation United States of America Postal Service is unable to deliver by electronic transmission two consecutive notices given by the Corporation in accordance with such consent and (b) such inability becomes known notice to the secretary shareholder at that address, all future notices or an assistant secretary reports shall be deemed to have been duly given without further mailing if the same shall be available to the shareholder upon written demand of the Corporation or to shareholder at the transfer agent, or other person responsible principal executive office of the corporation for a period of 30 days from the date of the giving of the notice; provided, however, the inadvertent failure to treat such inability as a revocation shall not invalidate any meeting or other action. An affidavit of mailing of any notice or report in accordance with the secretary provisions of this Section 2.6, executed by the Secretary, Assistant Secretary or an assistant secretary or of the any transfer agent or other agent of the Corporation that the notice has been given shallagent, in the absence of fraud, shall be prima facie evidence of the facts stated thereingiving of the notice or report.