Notice and Demand. Any notice, demand or other communication which by any provision of this Trust Agreement is required or permitted to be given or served to or upon any Securityholder or the Depositor may be given or served in writing by deposit thereof, first-class postage prepaid, in the United States mail, hand delivery or facsimile transmission, in each case, addressed, (i) in the case of a Capital Securityholder, to such Capital Securityholder as such Securityholder's name and address appear on the Securities Register and (ii) in the case of the Common Securityholder or the Depositor, to Gulf Power Company, 500 Bayfront Parkway, Pensacola, Florida 32501, Attention: Treasurxx, Xxxxxxxxx Xx. (000) 000-____, xxxx x xxxx to Southern Company Services, Inc., 270 Peachtree Street, N.W., Suite 2000, Atlanta, Georgia 30303, Xxxxxxxxx: Xxxxxxxxx Xxxxxxx Xxxxxxxxxx, Xxxxxxxxx Xx. (000) 000-0674. Such notice, demand or other communication to or upox x Xxxxxxxxxxlder shall be deemed to have been sufficiently given or made, for all purposes, upon hand delivery, mailing or transmission.
(i) with respect to the Property Trustee and the Delaware Trustee, The Chase Manhattan Bank, 450 West 33rd Street, New York, New York, 10001, Attention: Corporxxx Xxxxxxx Xxxxxxxxxxxxxx Xxxxxxxxxx; Xxxxx Manhattan Bank Delaware, 1201 Market Street, Wilmington, Delaware 19801, Attention: Corporxxx Xxxxx Xxxxxxxxxx, xx xxx xxxx xxx xx; xxx (ii) with respect to the Administrative Trustees, to them at the address above for notices to the Depositor, marked Attention: Administrative Trustees of Gulf Power Capital Trust I c/o Treasurer. Such notice, demand or other communication to or upon the Trust or the Trustees shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the applicable Trustee.
Notice and Demand. (a) Any notice, demand or other communication required or permitted under this Agreement to be given to or served upon any Holder may be given or served (i) in writing by deposit in the United States mail, postage prepaid, and addressed to such Holder as such Holder’s name and address may appear on the books and records of a Federal Reserve Bank or (ii) by transmission to such Holder through the communication system of the Federal Reserve Banks. Any notice, demand or other communication to or upon a Holder shall be deemed to have been sufficiently given or made, for all purposes, upon mailing or transmission.
(b) Any notice, demand or other communication which is required or permitted to be given to or served under this Agreement may be given in writing addressed as follows (i) in the case of Xxxxxxx Mac in its corporate capacity, to Xxxxxxx Mac, 0000 Xxxxx Xxxxxx Drive, XxXxxx, Virginia 22102, Attention: Executive Vice President — General Counsel and Secretary and (ii) in the case of the Trustee, to: Xxxxxxx Mac (as Trustee), 0000 Xxxxx Xxxxxx Drive, McLean, Virginia 22102, Attention: Executive Vice President — General Counsel and Secretary.
(c) Any notice, demand or other communication to or upon Xxxxxxx Mac or the Trustee shall be deemed to have been sufficiently given or made only upon its actual receipt of the writing.
Notice and Demand. Any notice, demand or other communication which by any provision of this Trust Agreement is required or permitted to be given or served to or upon any Holder or the Depositor may be given or served in writing by deposit thereof, first-class postage prepaid, in the United States mail, hand delivery or facsimile transmission, in each case, addressed, (i) in the case of a Holder of Trust PIERS, to such Holder of Trust PIERS as such Holder’s name and address appear on the Securities Register and (ii) in the case of the Common Holder or the Depositor, to Omnicare, Inc., 000 Xxxx XxxxxXxxxxx Xxxxxxxxx, Xxxxxxxxx, Xxxxxxxx 00000, Attention: Corporate Secretary, Facsimile No. (000) 000-0000. Such notice, demand or other communication to or upon a Holder shall be deemed to have been sufficiently given or made, for all purposes, upon hand delivery, mailing or transmission. Any notice, demand or other communication which by any provision of this Trust Agreement is required or permitted to be given or served to or upon the Trust or the Trustees shall be given in writing addressed (until another address is published by the Trust) as follows: (i) with respect to the Property Trustee and the Delaware Trustee, JPMorgan Chase Bank, 4 New York Plaza, 15th Floor, New York, New York 10004, Attention: Institutional Trust Services; Chase Manhattan Bank USA, National Association, 000 Xxxxxxx Xxxxxxxxxx Road, Building 4 (3rd Floor), Newark, Delaware 19713, Attention: Institutional Trust Services, as the case may be; and (ii) with respect to the Administrative Trustees, to them at the address above for notices to the Depositor, marked Attention: Administrative Trustees of Omnicare Capital Trust I c/o Corporate Secretary. Such notice, demand or other communication to or upon the Trust or the Trustees shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the applicable Trustee.
Notice and Demand. 58 Section 10.09 Agreement Not to Petition.....................................59 Section 10.10 Conflict with Trust Indenture Act.............................59 EXHIBIT A [INTENTIONALLY RESERVED] EXHIBIT B Form of Certificate Depository Agreement EXHIBIT C Form of Common Securities Certificate EXHIBIT D Form of Expense Agreement EXHIBIT E Form of Preferred Securities Certificate AMENDED AND RESTATED TRUST AGREEMENT THIS AMENDED AND RESTATED TRUST AGREEMENT is made as of ________ __, 19__, by and among (i) Gulf Power Company, a Maine corporation (the "Depositor" or the "Company"), (ii) The Chase Manhattan Bank, a banking corporation duly organized and existing under the laws of New York, as trustee (the "Property Trustee" and, in its separate corporate capacity and not in its capacity as Trustee, the "Bank"), (iii) Chase Manhattan Bank Delaware, a banking corporation duly organized under the laws of Delaware, as Delaware trustee (the "Delaware Trustee" and, in its separate corporate capacity and not in its capacity as Delaware Trustee, the "Delaware Bank"), (iv) Linda Malone, an individual, Wayne Boston, an individual, as admxxxxxxxxxxx trustees (each ax "Xdministrative Trustee" and together the "Administrative Trustees") (the Property Trustee, the Delaware Trustee and the Administrative Trustees referred to collectively as the "Trustees") and (v) the several Holders, as hereinafter defined.
Notice and Demand. Any notice, demand or other communication which by any provision of this Agreement is required or permitted to be given or served to or upon any Holder may be given or served in writing by deposit thereof, postage prepaid, in the United States mail addressed to such Holder as such Holder’s name and address may appear in the records of Xxxxxxx Mac, the Trustee, the Registrar, the Administrator or a Federal Reserve Bank or, in the case of a Holder of a Certificate maintained on the Fed System, by transmission to such Holder through the communication system linking the Federal Reserve Banks. Such notice, demand or other communication to or upon a Holder shall be deemed to have been sufficiently given or made, for all purposes, upon mailing or transmission.
Notice and Demand. 49 Section 10.09. Agreement Not to Petition . . . . . . . 50 Section 10.10. Conflict with Trust Indenture Act . . . 50 AMENDED AND RESTATED TRUST AGREEMENT, dated as of _______, 1995, between (i) Texas Utilities Electric Company, a Texas corporation (the "Depositor"), (ii) The Bank of New York, a banking corporation duly organized and existing under the laws of New York, as trustee (the "Property Trustee" and, in its separate capacity and not in its capacity as Property Trustee, the "Bank"), (iii) The Bank of New York (Delaware), a banking corporation duly organized under the laws of Delaware, as Delaware trustee (the "Delaware Trustee") (iv) Wayne Patterson, an individual, Cathryn C. Hulen, xx xxxxxxxxxx xnd Michael Perkinx, xx xxxxxxxxxx, each of whose addrxxx xx x/x Xxxxx Utilities Services Inc., 1601 Bryan Street, Dallas, Texas 75201 (each, an "Xxxxxxxxxxxxxx Xxxxxxx" and collectively the "Administrative Trustees") (the Property Trustee, the Delaware Trustee and the Administrative Trustees referred to collectively as the "Trustees") and (v) the several Holders, as hereinafter defined.
Notice and Demand. Any notice, demand or other communication which by any provision of this Trust Agreement is required or permitted to be given or served to or upon any Securityholder or the Depositor may be given or served in writing by deposit thereof, postage prepaid, in the United States mail, hand delivery or facsimile transmission, in each case, addressed, (i) in the case of a Preferred Securityholder, to such Preferred Securityholder as such Securityholder's name and address may appear on the Securities Register and (ii) in the case of the Common Securityholder or the Depositor, to Texas Utilities Electric Company, Energy Plaza, 1601 Xxxxx Xxxxxx, Dallas, Texas 75201, Attention: Treasurer, facsimile no. 214-000-0000, xxth a copy to the Secretary, facsimile no. 214-000-0000. Xuch notice, demand or other communication to or upon a Securityholder shall be deemed to have been sufficiently given or made, for all purposes, upon hand delivery, mailing or transmission.
(i) with respect to the Property Trustee or the Delaware Trustee, The Bank of New York, 101 Xxxxxxx Xxxxxx, 21 West, New York, NY 10286, Attention: Corporate Trust Department with a copy to: The Bank of New York (Delaware), Whitx Xxxx Xxxxxx, Route 273, Newark, Delaware 19711, Attention: Corporate Trust Department and (ii) with respect to the Administrative Trustees, at the address above for notice to the Depositor, marked "Attention: Administrative Trustees for TU Electric Capital I". Such notice, demand or other communication to or upon the Trust or the Property Trustee shall be deemed to have been sufficiently given or made only upon actual receipt of the writing by the Trust or the Property Trustee.
Notice and Demand. 37 Section 10.09. Agreement Not to Petition....................................................................37 Section 10.10. Conflict with Trust Indenture Act............................................................38 Section 10.11. Counterparts.................................................................................38 AMENDED AND RESTATED TRUST AGREEMENT, dated as of ______, ____, among (i) American Electric Power Company, Inc., a New York corporation as depositor (the "Depositor") and as Trust Securities guarantor (the "Trust Securities Guarantor"), (ii) Wilmington Trust Company, a banking corporation duly organized and existing under the laws of the State of Delaware, as trustee (the "Property Trustee" and, in its separate capacity and not in its capacity as Property Trustee, the "Bank"), (iii) Wilmington Trust Company, as Delaware trustee (the "Delaware Trustee"), (iv) ____________________ and ____________________, each an individual, and each of whose address is c/o American Electric Power Company, 1 Riverside Plaza, Columbus, Ohio 43215 (each, an "Administrativx Xxxxxxx" xxx xxxxxxxxxxxx xxx "Xxxxxxstrative Trustees") (the Property Trustee, the Delaware Trustee and the Administrative Trustees are referred to herein each as a "Trustee" and collectively as the "Trustees"), and (v) the several Holders, as hereinafter defined.
Notice and Demand. Any section 3121(q) notice and demand issued to the Employer (or Establishment) relating to any period during which this TRAC agreement is in effect will be based solely on amounts reflected on–
Notice and Demand. 52 Section 10.08. Agreement Not to Petition................ 53 Section 10.09. Conflict with Trust Indenture Act...
