Notice to Debentureholders. (a) All notices to be given hereunder with respect to the Debentures will be deemed to be validly given to the holders thereof if sent by first class mail, postage prepaid, by letter or circular addressed to such holders at their post office addresses appearing in any of the registers hereinbefore mentioned with a copy to the Debenture Trustee and will be deemed to have been effectively given three days following the day of mailing. Accidental error or omission in giving notice or accidental failure to mail notice to any Debentureholder or the inability of the Corporation to give or mail any notice due to anything beyond the reasonable control of the Corporation will not invalidate any action or proceeding founded thereon. (b) If any notice given in accordance with the foregoing paragraph would be unlikely to reach the Debentureholders to whom it is addressed in the ordinary course of post by reason of an interruption in mail service, whether at the place of dispatch or receipt or both, the Corporation will give such notice by publication at least once in an English language daily newspaper of general circulation in Canada. (c) Any notice given to Debentureholders by publication will be deemed to have been given on the day on which publication has been effected at least once in each of the newspapers in which publication was required. (d) All notices with respect to any Debenture may be given to whichever one of the holders thereof (if more than one) is named first in the registers hereinbefore mentioned, and any notice so given will be sufficient notice to all holders of any persons interested in such Debenture.
Appears in 2 contracts
Sources: Trust Indenture (IntelGenx Technologies Corp.), Trust Indenture (IntelGenx Technologies Corp.)
Notice to Debentureholders. (a) All notices to be given hereunder with respect to the Debentures will shall be deemed to be validly given to the holders thereof if sent by first class mail, postage prepaid, by letter or circular addressed to such holders at their post office addresses appearing in any of the registers hereinbefore mentioned with a copy to the Debenture Trustee and will shall be deemed to have been effectively given three days following the day of mailing. Accidental error or omission in giving notice or accidental failure to mail notice to any Debentureholder or the inability of the Corporation to give or mail any notice due to anything beyond the reasonable control of the Corporation will shall not invalidate any action or proceeding founded thereon.
(b) . If any notice given in accordance with the foregoing paragraph would be unlikely to reach the Debentureholders to whom it is addressed in the ordinary course of post by reason of an interruption in mail service, whether at the place of dispatch or receipt or both, the Corporation will shall give such notice by publication at least once in an English language the city of Toronto, Ontario (or such as, in the opinion of the Trustee, is sufficient in the particular circumstances), each such publication to be made in a daily newspaper of general circulation in Canada.
(c) the Toronto. Any notice given to Debentureholders by publication will shall be deemed to have been given on the day on which publication has shall have been effected at least once in each of the newspapers in which publication was required.
(d) . All notices with respect to any Debenture may be given to whichever one of the holders thereof (if more than one) is named first in the registers hereinbefore mentioned, and any notice so given will shall be sufficient notice to all holders of any persons Persons interested in such Debenture.
Appears in 2 contracts
Sources: Debenture Indenture, Debenture Indenture
Notice to Debentureholders. (a1) All notices to be given hereunder with respect to the Debentures will shall be deemed to be validly given to the holders thereof if sent electronically to the email address on record or by first class mail, postage prepaid, by letter or circular addressed to such holders at their post office addresses appearing in any of the registers hereinbefore mentioned with a copy to the Debenture Trustee and will shall be deemed to have been effectively given on the date of delivery of any electronic notice and three days following the day of any mailing. Accidental error or omission in giving notice or accidental failure to send or mail notice to any Debentureholder or the inability of the Corporation to give send or mail any notice due to anything beyond the reasonable control of the Corporation will shall not invalidate any action or proceeding founded thereon.
(b2) If any notice given in accordance with the foregoing paragraph would be unlikely to reach the Debentureholders to whom it is addressed in the ordinary course of electronic mail or of post by reason of an interruption in mail service, whether at the place of dispatch or receipt or both, the Corporation will shall give such notice by publication at least once in an English language the City of Toronto (or in such of those cities as, in the opinion of the Trustee, is sufficient in the particular circumstances), each such publication to be made in a daily newspaper of general circulation in Canadathe City of Toronto.
(c3) Any notice given to Debentureholders by publication will shall be deemed to have been given on the day on which publication has shall have been effected at least once in each of the newspapers in which publication was required.
(d4) All notices with respect to any Debenture may be given to whichever one of the holders thereof (if more than one) is named first in the registers hereinbefore mentioned, and any notice so given will shall be sufficient notice to all holders of any persons interested in such Debenture.
(5) Any notice given to Debentureholders hereunder shall also be sent as a copy by the Trustee to the Placement Agent at its principal office at ▇▇ ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇, ▇▇▇▇▇▇ ▇▇▇ ▇▇▇.
Appears in 2 contracts
Sources: Indenture (Canopy Growth Corp), Indenture (Canopy Growth Corp)
Notice to Debentureholders. (a) All notices to be given hereunder with respect to the Debentures will shall be deemed to be validly given to the holders thereof if sent by first class mail, postage prepaid, by letter or circular addressed to such holders at their post office addresses appearing in any of the registers hereinbefore mentioned with a copy to the Debenture Trustee and will shall be deemed to have been effectively given three days following the day of mailing. Accidental error or omission in giving notice or accidental failure to mail notice to any Debentureholder or the inability of the Corporation to give or mail any notice due to anything beyond the reasonable control of the Corporation will shall not invalidate any action or proceeding founded thereon.
(b) . If any notice given in accordance with the foregoing paragraph would be unlikely to reach the Debentureholders to whom it is addressed in the ordinary course of post by reason of an interruption in mail service, whether at the place of dispatch or receipt or both, the Corporation will Company shall give such notice by publication at least once in an English language the City of Toronto (or in such of those cities as, in the opinion of the Debenture Trustee, is sufficient in the particular circumstances), each such publication to be made in a daily newspaper of general circulation in Canada.
(c) the designated city. Any notice given to Debentureholders by publication will shall be deemed to have been given on the day on which publication has shall have been effected at least once in each of the newspapers in which publication was required.
(d) . All notices with respect to any Debenture may be given to whichever one of the holders thereof (if more than one) is named first in the registers hereinbefore mentioned, and any notice so given will shall be sufficient notice to all holders of any persons interested in such Debenture.
Appears in 1 contract
Sources: Trust Indenture (Canadian Satellite Radio Holdings Inc.)
Notice to Debentureholders. (a1) All notices to be given hereunder with respect to the Debentures will shall be deemed to be validly given to the holders thereof Debentureholders if sent by courier or by first class mail, postage prepaid, by letter or circular addressed to such holders Holders at their post office addresses appearing in any of the registers hereinbefore mentioned with a copy register referred to the Debenture Trustee and will in Section 2.9. Any notice so given by courier or mail shall be deemed to have been effectively received one (1) Business Day after the day it was given to the courier or three days following (3) Business Days after the day of mailing. Accidental error If by reason of any interruption of mail service, actual or omission in giving notice or accidental failure to mail threatened, any notice to any Debentureholder or the inability of the Corporation be given to give or mail any notice due to anything beyond the reasonable control of the Corporation will not invalidate any action or proceeding founded thereon.
(b) If any notice given in accordance with the foregoing paragraph all Debentureholders would be unlikely to reach substantially all of the Debentureholders to whom it is addressed such notice may be given by publication once (twice in the ordinary course case of post by reason a notice of an interruption a meeting of Debentureholders) in mail service, whether at the place of dispatch or receipt or both, the Corporation will give such notice by publication at least once in an any daily English language daily newspaper of general circulation in Canada.
(c) all provinces of Canada and once in a daily French language newspaper of general circulation in the Province of Quebec. Any notice so given to Debentureholders by publication will shall be deemed to have been given received on the day on which publication has shall have been effected at least once in each of the newspapers in which publication was required.
(d2) Accidental error or omission in giving notice or accidental failure to send notice by mail or courier to any Debentureholder shall not invalidate any action or proceeding founded such notice.
(3) All notices with respect to any Debenture may be given to whichever one of the holders Holders thereof (if more than one) is named first in the registers hereinbefore mentioned, Debenture register and any notice so given will shall be sufficient notice to all holders Holders of any persons interested in such Debenture.
(4) In determining under any provision hereof the date when notice of any meeting or other event must be given, the date of giving the notice shall be included and the date of the meeting or other event shall be excluded.
Appears in 1 contract
Sources: Indenture (Amvescap PLC/London/)
Notice to Debentureholders. (a) All notices to be given hereunder with respect to the Debentures will shall be deemed to be validly given to the holders thereof if sent by first class mail, postage prepaid, by letter or circular addressed to such holders at their post office addresses appearing in any of the registers hereinbefore mentioned with a copy to the Debenture Trustee and will shall be deemed to have been effectively given three days Business Days following the day of mailing. Accidental error or omission in giving notice or accidental failure to mail notice to any Debentureholder or the inability of the Corporation to give or mail any notice due to anything beyond the reasonable control of the Corporation will shall not invalidate any action or proceeding founded thereon.
(b) If any notice given in accordance with the foregoing paragraph would be unlikely to reach the Debentureholders to whom it is addressed in the ordinary course of post by reason of an interruption in mail service, whether at the place of dispatch or receipt or both, the Corporation will shall give such notice by publication at least once in an English language daily newspaper of general circulation in CanadaCanada and in a French language daily newspaper of general circulation in the Province of Quebec.
(c) Any notice given to Debentureholders by publication will shall be deemed to have been given on the day on which publication has shall have been effected at least once in each of the newspapers newspaper in which publication was required.
(d) All notices with respect to any Debenture may be given to whichever one of the holders thereof (if more than one) is named first in the registers hereinbefore mentioned, and any notice so given will shall be sufficient notice to all holders of any persons interested in such Debenture.
Appears in 1 contract
Sources: Trust Indenture (Wi-Lan Inc.)
Notice to Debentureholders. (a) All notices to be given hereunder with respect to the Debentures will shall be deemed to be validly given to the holders thereof Debentureholders if sent by first class mail, postage prepaid, by letter or circular addressed to such holders Holders at their post office addresses appearing in any of the registers hereinbefore mentioned with a copy to the Debenture Trustee and will mentioned. Any notice so given by mail shall be deemed to have been effectively given received three days following Business Days after the day of mailing. Accidental error or omission in giving notice or accidental failure to mail notice to any Debentureholder or the inability of the Corporation to give or mail any notice due to anything beyond the reasonable control of the Corporation will not invalidate any action or proceeding founded thereon.
(b) If any notice so given in accordance with the foregoing paragraph would be unlikely to reach the Debentureholders to whom it is addressed in the ordinary course of post by reason of an interruption in mail service, whether at the place of dispatch or receipt or both, the Corporation will Company shall give such notice by publication at least once (twice in an the case of a notice of a meeting of Debentureholders) in The Globe and Mail or any other English language daily newspaper of general circulation in Canada.
(c) Canada and in La Presse or any other French language daily newspaper of general circulation in the Province of Quebec. Any notice so given to Debentureholders by publication will shall be deemed to have been given received on the day on which publication has shall have been effected at least once in each of the newspapers newspaper in which publication was required.
(d) . Accidental error or omission in giving notice or accidental failure to mail notice to any Debentureholder shall not invalidate any action or proceeding founded thereon. All notices with respect to any Debenture may be given to whichever one of the holders Holders thereof (if more than one) is named first in the registers hereinbefore mentioned, and any notice so given will shall be sufficient notice to all holders Holders of such Debenture. In determining under any provision hereof the date when notice of any persons interested in such Debenturemeeting or other event must be given, the date of giving the notice shall be included and the date of the meeting or other event shall be excluded.
Appears in 1 contract
Notice to Debentureholders. (a1) All notices to be given hereunder with respect to the Debentures will shall be deemed to be validly given to the holders thereof if sent by electronic communication addressed to such holder, first class mail, postage prepaid, by letter or circular addressed to such holders at their post office addresses appearing in any of the registers hereinbefore mentioned with a copy to the Debenture Trustee and will shall be deemed to have been effectively given three days following the day of mailing. Accidental error or omission in giving notice or accidental failure to mail notice to any Debentureholder or the inability of the Corporation to give or mail any notice due to anything beyond the reasonable control of the Corporation will shall not invalidate any action or proceeding founded thereon.
(b2) If any notice given in accordance with the foregoing paragraph would be unlikely to reach the Debentureholders to whom it is addressed in the ordinary course of post by reason of an interruption in mail service, whether at the place of dispatch or receipt or both, the Corporation will shall give such notice by publication at least once in an English language the city of Toronto (or in such of those cities as, in the opinion of the Trustee, is sufficient in the particular circumstances), each such publication to be made in a daily newspaper of general circulation in Canadathe designated city.
(c3) Any notice given to Debentureholders by publication will shall be deemed to have been given on the day on which publication has shall have been effected at least once in each of the newspapers in which publication was required.
(d4) All notices with respect to any Debenture may be given to whichever one of the holders thereof (if more than one) is named first in the registers hereinbefore mentioned, and any notice so given will shall be sufficient notice to all holders of any persons Persons interested in such Debenture.
Appears in 1 contract
Sources: Secured Trust Indenture
Notice to Debentureholders. (a) All notices to be given hereunder with respect to the Debentures will shall be deemed to be validly given to the holders thereof if sent by first class mail, postage prepaid, by letter or circular addressed to such holders at their post office addresses appearing in any of the registers hereinbefore mentioned with a copy to the Debenture Trustee and will shall be deemed to have been effectively given three days Business Days following the day of mailing. Accidental error or omission in giving notice or accidental failure to mail notice to any Debentureholder or the inability of the Corporation to give or mail any notice due to anything beyond the reasonable control of the Corporation will shall not invalidate any action or proceeding founded thereon.
(b) . If any notice given in accordance with the foregoing paragraph would be unlikely to reach the Debentureholders to whom it is addressed in the ordinary course of post by reason of an interruption in mail service, whether at the place of dispatch or receipt or both, the Corporation will shall give such notice by publication at least once in an English language the City of Toronto (or in such of those cities as, in the opinion of the Corporation, is sufficient in the particular circumstances), such publication to be made in a daily newspaper of general circulation in Canada.
(c) the designated city. Any notice given to Debentureholders by publication will shall be deemed to have been given on the day on which publication has shall have been effected at least once in each of the newspapers newspaper in which publication was required.
(d) . All notices with respect to any Debenture may be given to whichever one of the holders thereof (if more than one) is named first in the registers hereinbefore mentioned, and any notice so given will shall be sufficient notice to all holders of any persons interested in such Debenture. 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 by mail, then such notification as shall be made with the approval of the Trustee shall constitute a sufficient notification for every purpose hereunder. Failure to mail a notice or communication to a Debentureholder or any defect in it shall not affect its sufficiency with respect to other Debentureholders. If a notice or communication is mailed in the manner provided above, it is duly given, whether or not received by the addressee. If the Corporation mails a notice or communication to the Debentureholders, it shall mail a copy to the Trustee and each registrar, paying agent or conversion agent.
Appears in 1 contract
Sources: Trust Indenture (MDC Partners Inc)
Notice to Debentureholders. (a) All notices to be given hereunder with respect to the Debentures will shall be deemed to be validly given to the holders thereof if sent by first class mail, postage prepaid, by letter or circular addressed to such holders at their post office addresses appearing in any of the registers hereinbefore mentioned with a copy to the Debenture Trustee and will shall be deemed to have been effectively given three days following the day of mailing; provided that for any Debentures held through CDS or other Depository, if any notice or other communication is required to be given to Debentureholders, the Trustee or the Corporation may give such notices and communications to CDS or such other Depository by e-mail or facsimile (at such e-mail or facsimile number as is given by CDS or the Depository, as applicable, for such purpose from time to time) or in such other manner as is acceptable to CDS or the Depository, as applicable, and notice will be deemed to have been effective/given on the date of delivery. Accidental error or omission in giving notice or accidental failure to mail notice to any Debentureholder or the inability of the Corporation to give or mail any notice due to anything beyond the reasonable control of the Corporation will shall not invalidate any action or proceeding founded thereon.
(b) . If any notice given in accordance with the foregoing paragraph would be unlikely to reach the Debentureholders to whom it is addressed in the ordinary course of post by reason of an interruption in mail service, whether at the place of dispatch or receipt or both, the Corporation will shall give such notice by publication at least once in an English language the city of Toronto (or in such of those cities as, in the opinion of the Trustee, is sufficient in the particular circumstances), each such publication to be made in a daily newspaper of general circulation in Canada.
(c) the designated city. Any notice given to Debentureholders by publication will shall be deemed to have been given on the day on which publication has shall have been effected at least once in each of the newspapers in which publication was required.
(d) . All notices with respect to any Debenture may be given to whichever one of the holders thereof (if more than one) is named first in the registers hereinbefore mentioned, and any notice so given will shall be sufficient notice to all holders of any persons interested in such Debenture.
Appears in 1 contract
Notice to Debentureholders. (a1) All notices to be given hereunder with respect to the Debentures will shall be deemed to be validly given to the holders thereof if sent electronically to the email address on record or by first class mail, postage prepaid, by letter or circular addressed to such holders at their post office addresses appearing in any of the registers hereinbefore mentioned with a copy to the Debenture Trustee and will shall be deemed to have been effectively given on the date of delivery of any electronic notice and three days following the day of any mailing. Accidental error or omission in giving notice or accidental failure to send or mail notice to any Debentureholder or the inability of the Corporation to give send or mail any notice due to anything beyond the reasonable control of the Corporation will shall not invalidate any action or proceeding founded thereon.
(b2) If any notice given in accordance with the foregoing paragraph would be unlikely to reach the Debentureholders to whom it is addressed in the ordinary course of electronic mail or of post by reason of an interruption in mail service, whether at the place of dispatch or receipt or both, the Corporation will shall give such notice by publication at least once in an English language the City of Toronto (or in such of those cities as, in the opinion of the Trustee, is sufficient in the particular circumstances), each such publication to be made in a daily newspaper of general circulation in Canadathe City of Toronto.
(c3) Any notice given to Debentureholders by publication will shall be deemed to have been given on the day on which publication has shall have been effected at least once in each of the newspapers in which publication was required.
(d4) All notices with respect to any Debenture may be given to whichever one of the holders thereof (if more than one) is named first in the registers hereinbefore mentioned, and any notice so given will shall be sufficient notice to all holders of any persons interested in such Debenture.
Appears in 1 contract
Sources: Indenture (Canopy Growth Corp)
Notice to Debentureholders. (a) All notices Unless herein otherwise expressly provided, any notice to be given hereunder with respect to the Debentures will Debentureholders shall be deemed to be validly given given:
(a) to the holders thereof Holders of registered Debentures, and to the Depositary in the case of Registered Global Debentures, if such notice is sent by first class surface or air mail, registered or unregistered, postage prepaid, delivered in Person, or by letter facsimile or circular other electronic means of written communication, addressed to such holders Holders at their post office respective addresses appearing on the register maintained under Section 3.1, 3.2 or 3.4 and in the case of joint Holders of any Debentures such notice shall be addressed to the first address maintained on the register in respect of such joint holding;
(b) to the Holders of unregistered Debentures, if such notice is published once in a newspaper of national circulation or otherwise as determined by the Corporation, provided that in the case of notice convening a meeting of Debentureholders, the Trustee may require such additional publications of such notice as it may deem necessary for the reasonable protection of the registers hereinbefore mentioned Debentureholders; and
(c) with respect to any series of Debentures which are represented in whole or in part by one or more Registered Global Debentures, if the Corporation or the Trustee shall determine that the Depositary has not provided any notice it receives from the Corporation hereunder to its participants, then the Corporation shall:
(i) cause such notice to be published in a copy newspaper of national circulation or otherwise as determined by the Corporation, provided that any such publication shall not delay any action to be taken as provided for in such notice and any failure to publish such notice shall not invalidate any proceedings taken with respect to such notice, or
(ii) provide such notice directly to the Debenture Trustee and will Holders by utilizing the communication system set forth in National Policy No. 41 (Canada). Notice by mail shall be deemed to have been effectively given three days following after the date of mailing and if delivered shall be deemed to have been received on the date of the delivery thereof. Notice by facsimile or other electronic means of communication shall be deemed to have been given on the day the facsimile or other electronic means of mailingcommunication was sent if sent before 4:30 p.m. at the place of receipt on a Business Day, and if not, on the next Business Day. Should there be at the time of mailing or between the time of mailing and the actual receipt of the notice, a mail strike, slow-down or other labour dispute which might affect the delivery of such notice through the mail, then such notice shall only be effective if actually delivered in Person or by facsimile or other electronic means of communication to the address aforesaid, or at the discretion of the Corporation, published in a newspaper in the manner provided in Subsection 14.1(b). In determining under any provision hereof the date when notice of any meeting, redemption or other event must be given, the date of giving the notice shall be included and the date of the meeting, redemption or other event shall be excluded. Any costs relating to the giving of any notice by publication shall be borne by the Corporation. Accidental error or omission in giving notice or accidental failure to mail notice to any Debentureholder or the inability of the Corporation to give or mail any notice due to anything beyond the reasonable control of the Corporation will shall not invalidate any action or proceeding founded thereon.
(b) If any notice given in accordance with the foregoing paragraph would be unlikely to reach the Debentureholders to whom it is addressed in the ordinary course of post by reason of an interruption in mail service, whether at the place of dispatch or receipt or both, the Corporation will give such notice by publication at least once in an English language daily newspaper of general circulation in Canada.
(c) Any notice given to Debentureholders by publication will be deemed to have been given on the day on which publication has been effected at least once in each of the newspapers in which publication was required.
(d) All notices with respect to any Debenture may be given to whichever one of the holders thereof (if more than one) is named first in the registers hereinbefore mentioned, and any notice so given will be sufficient notice to all holders of any persons interested in such Debenture.
Appears in 1 contract
Sources: Trust Indenture (Finova Group Inc)
Notice to Debentureholders. (a) All notices to be given hereunder with respect to the Debentures will be deemed to be validly given to the holders thereof if sent by first class mail, postage prepaid, by letter or circular addressed to such holders at their post office addresses appearing in any of the registers hereinbefore mentioned with a copy to the Debenture Trustee and will be deemed to have been effectively given three days following the day of mailing. Any notice to be given hereunder with respect to the Debentures delivered or served by telecopier or courier will be deemed to have been given or served on the day upon which it was delivered. Accidental error or omission in giving notice or accidental failure to mail notice to any Debentureholder or the inability of the Corporation REIT to give or mail any notice due to anything beyond the reasonable control of the Corporation REIT will not invalidate any action or proceeding founded thereon.
(b) If any notice given in accordance with the foregoing paragraph would be unlikely to reach the Debentureholders to whom it is addressed in the ordinary course of post by reason of an interruption in mail service, whether at the place of dispatch or receipt or both, the Corporation REIT will give such notice by publication at least once in an English language daily newspaper of general circulation in Canada.
(c) Any notice given to Debentureholders by publication will be deemed to have been given on the day on which publication has been effected at least once in each of the newspapers in which publication was required.
(d) All notices with respect to any Debenture may be given to whichever one of the holders thereof (if more than one) is named first in the registers hereinbefore mentioned, and any notice so given will be sufficient notice to all holders of any persons interested in such Debenture.
Appears in 1 contract
Sources: Trust Indenture
Notice to Debentureholders. (a) All notices to be given hereunder with respect to the Debentures will shall be deemed to be validly given to the holders thereof if sent by first class mail, postage prepaid, by letter or circular addressed to such holders at their post office addresses appearing in any of the registers hereinbefore mentioned with a copy to the Debenture Trustee and will shall be deemed to have been effectively given three and received (3) days following the day of mailing. Accidental error or omission in giving notice or accidental failure to mail notice to any Debentureholder or the inability of the Corporation to give or mail any notice due to anything beyond the reasonable control of the Corporation will shall not invalidate any action or proceeding founded thereon.
(b) Any notice given to Debentureholders by way of electronic mail shall be deemed to be validly given upon transmission and received by the holders thereof upon acknowledgement.
(c) If any notice given in accordance with the foregoing paragraph paragraphs would be unlikely to reach the Debentureholders to whom it is addressed in the ordinary course of post by reason of an interruption in mail service, whether at the place of dispatch or receipt or both, the Corporation will shall give such notice by publication at least once in an English language the City of Toronto, Ontario (or in such other city as, in the opinion of the Indenture Trustee, is sufficient in the particular circumstances), each such publication to be made in a daily newspaper of general circulation in Canadathe designated city.
(cd) Any notice given to Debentureholders by publication will shall be deemed to have been given on the day on which publication has shall have been effected at least once in each of the newspapers in which publication was required.
(de) All notices with respect to any Debenture may be given to whichever one of the holders thereof (if more than one) is named first in the registers hereinbefore mentioned, and any notice so given will shall be sufficient notice to all holders of any and persons interested in such Debenture.
Appears in 1 contract
Sources: Trust Indenture
Notice to Debentureholders. (a) All Subject to Section 2.6, all notices to be given hereunder with respect to the Debentures will shall be deemed to be validly given to the holders thereof if sent by first class mail, postage prepaid, by letter or circular addressed to such holders at their post office addresses appearing in any of the registers hereinbefore mentioned with a copy to the Debenture Trustee and will shall be deemed to have been effectively given three days following the day of mailing; provided that any for any Debentures held through CDS or other Depository, if any notice or other communication is required to be given to Debentureholders, the Trustee or the Corporation may give such notices and communications to CDS or such other Depository by e-mail or facsimile (at such e-mail or facsimile number as is given by CDS or the Depository, as applicable, for such purpose from time to time) or in such other manner as is acceptable to CDS or the Depository, as applicable, and notice will deemed to have been effective/given on the date of delivery. Accidental error or omission in giving notice or accidental failure to mail notice to any Debentureholder or the inability of the Corporation to give or mail any notice due to anything beyond the reasonable control of the Corporation will shall not invalidate any action or proceeding founded thereon.
(b) . Accidental error or omission in giving notice or accidental failure to mail notice to any Debentureholder or the inability of the Corporation to give or mail any notice due to anything beyond the reasonable control of the Corporation shall not invalidate any action or proceeding founded thereon. If any notice given in accordance with the foregoing paragraph would be unlikely to reach the Debentureholders to whom it is addressed in the ordinary course of post by reason of an interruption in mail service, whether at the place of dispatch or receipt or both, the Corporation will shall give such notice by publication at least once in an English language the cities of Calgary and Toronto (or in such of those cities as, in the opinion of the Trustee, is sufficient in the particular circumstances), each such publication to be made in a daily newspaper of general circulation in Canada.
(c) the designated city. Any notice given to Debentureholders by publication will shall be deemed to have been given on the day on which publication has shall have been effected at least once in each of the newspapers in which publication was required.
(d) . All notices with respect to any Debenture may be given to whichever one of the holders thereof (if more than one) is named first in the registers hereinbefore mentioned, and any notice so given will shall be sufficient notice to all holders of any persons interested in such Debenture.
Appears in 1 contract
Notice to Debentureholders. (a) All notices Unless otherwise expressly provided in this Indenture, any notice to Debentureholders under the provisions hereof shall be given hereunder with respect to valid and effective if in the case of holders of registered Debentures will be deemed to be validly given to the holders thereof if or a Global Debenture, it is delivered, sent by first class mail, electronic communication or mailed postage prepaid, by letter or circular addressed to such holders Debentureholders, at their post office addresses or electronic address, if any, appearing in any of the registers hereinbefore mentioned with a copy and, subject to the Debenture Trustee and will this Section 12.2, shall be deemed to have been effectively given three days following received at the day time of delivery or sending by electronic communication or on the fifth (5th) Business Day after mailing. Accidental error or omission in giving notice or accidental failure to mail notice to any Debentureholder or the inability of the Corporation to give or mail any notice due to anything beyond the reasonable control of the Corporation will not invalidate any action or proceeding founded thereon.
(b) If any notice given in accordance with the foregoing paragraph would be unlikely to reach the Debentureholders to whom it is addressed in the ordinary course of post by reason of an interruption in mail service, whether at the place of dispatch or receipt or both, the Corporation will give such notice by publication at least once in an English language daily newspaper of general circulation in Canada.
(c) Any notice given to Debentureholders made by publication will delivery or sent by electronic communication on a day other than a Business Day, or after 4:00 p.m. (Toronto time) on a Business Day, shall be deemed to have been given be received on the day on which publication has been effected at least once in each of the newspapers in which publication was required.
(d) next following Business Day. All notices with respect to joint holders of any Debenture Debentures may be given to whichever one of the holders thereof (if more than one) is named first in the registers hereinbefore mentioned, and any notice so given will shall be sufficient notice to all holders of any persons interested in such Debenture. In the event of a postal disruption, notice to Debentureholders shall be given or sent by other appropriate means. Any notice to the Debentureholders who are not registered Holders shall be valid and effective and deemed to have been received by all such holders if published once in a newspaper of general circulation published in ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇, and such other cities, if any, at which Registers in respect of such Debentures are required to be kept.
Appears in 1 contract
Sources: Indenture (Brookfield Renewable Energy Partners L.P.)
Notice to Debentureholders. (a) All notices to be given hereunder with respect Any notice to the Debentures will be deemed Debentureholders under the provisions of this Indenture is valid and effective if delivered, sent by regular mail or sent by courier, to be validly given each Debentureholder at its address appearing on the register kept by the Trustee or, in the case of joint holders, to the holders thereof first such address, and, if sent by first class maildelivered or couriered, postage prepaid, by letter or circular addressed to such holders at their post office addresses appearing in any of the registers hereinbefore mentioned with a copy to the Debenture Trustee and will shall be deemed to have been effectively given three days and received on the day it was delivered and, if mailed, shall be deemed to have been received on the third Business Day following the day date of mailingthe postmark on such notice. Accidental error or omission in giving notice or accidental failure to mail notice to any Debentureholder or the inability of the Corporation to give or mail any notice due to anything beyond the reasonable control of the Corporation will not invalidate any action or proceeding founded thereon.
(b) If any notice given in accordance with the foregoing paragraph would be unlikely to reach the Debentureholders to whom it is addressed in the ordinary course of post by reason of an interruption in mail service, whether at the place of dispatch or receipt or both, the Corporation will give such notice by publication at least once in an English language daily newspaper of general circulation in Canada.
(c) Any notice given to Debentureholders by publication will be deemed to have been given on the day on which publication has been effected at least once in each of the newspapers in which publication was required.
(d) . All notices with respect to any Debenture may be given to whichever one of the holders thereof Debentureholders (if more than one) is named first in the registers appropriate register hereinbefore mentioned, and any notice so given will shall be sufficient notice to all holders Debentureholders of and any other persons (if any) interested in such DebentureDebentures. If, by reason of any interruption of mail service, actual or threatened, any notice to be given to the Debentureholders by the Trustee or the Corporation would be unlikely to reach or likely to be delayed in reaching its destination in the ordinary course of mail, such notice shall be valid and effective only if published once (i) in the national edition of The Globe & Mail newspaper; and (ii) in such other place or places and manner, if any, as the Corporation may require. Any notice given to Debentureholders by publication shall be deemed to have been given on the last day on which publication shall have been effected. A copy of any notice provided to the Debentureholders shall be concurrently provided tothe Trustee (if given by the Corporation) or to the Corporation (if given by the Trustee) in the manner specified in Section 12.1.
Appears in 1 contract
Sources: Indenture
Notice to Debentureholders. (a) All notices Unless herein otherwise expressly provided, any notice to be given hereunder with respect to the Debentures will Debentureholders shall be deemed to be validly given to the holders thereof of Debentures if such notice 72 -66- is sent by first class ordinary surface or air mail, postage prepaid, by letter or circular addressed to such holders at their post office respective addresses appearing on the central register mentioned in Article Three; and, if in the case of joint holders of any Debenture more than one address appear in the central register in respect of the registers hereinbefore mentioned with a copy such joint holding, such notice shall be addressed only to the Debenture Trustee and will be deemed to have been effectively given three days following the day of mailing. Accidental error or omission in giving notice or accidental failure to mail notice to any Debentureholder or the inability of the Corporation to give or mail first address so appearing, provided, however, that if any notice due to anything beyond the reasonable control of the Corporation will not invalidate any action or proceeding founded thereon.
(b) If any notice so given in accordance with the foregoing paragraph would be unlikely to reach the Debentureholders to whom it is addressed in the ordinary course of post by reason of an interruption in mail service, whether at the place of dispatch or receipt or both, the Corporation will shall give such notice by publication at least once (twice in an English language the case of a notice of a meeting of Debentureholders) in the City of Toronto and New York City; each such publication to be made in a daily newspaper of general national circulation in Canada.
(c) the English language and approved by the Trustee. Any notice so given by mail shall be deemed to Debentureholders have been given on the day of mailing. Any notice so given by publication will shall be deemed to have been given on the day on which publication has shall have been effected at least once in each of the newspapers newspaper in which publication was required.
(d) All notices with respect . In determining under any provision hereof the date when notice of any meeting, redemption or other event must be given, the date of giving the notice shall be included and the date of the meeting, redemption or other event shall be excluded. Accidental error or omission in giving notice or accidental failure to mail notice to any Debenture may be given to whichever one of the holders thereof (if or more than one) is named first in the registers hereinbefore mentioned, and Debentureholders shall not invalidate any notice so given will be sufficient notice to all holders of any persons interested in such Debentureaction or proceeding founded thereon.
Appears in 1 contract
Sources: Trust Indenture (Enron Corp/Or/)
Notice to Debentureholders. (a) All notices to be given hereunder with respect to the Debentures will shall be deemed to be validly given to the holders thereof if sent by electronic communication addressed to such holder, first class mail, postage prepaid, by letter or circular addressed to such holders at their post office addresses appearing in any of the registers hereinbefore mentioned with a copy to the Debenture Trustee and will shall be deemed to have been effectively given on the day sent if sent by electronic communication during regular business hours on a Business Day in the jurisdiction where the recipient is located and otherwise on the next Business Day or, alternatively, three days following the day of mailing. Accidental error or omission in giving notice or accidental failure to mail notice to any Debentureholder or the inability of the Corporation to give or mail any notice due to anything beyond the reasonable control of the Corporation will shall not invalidate any action or proceeding founded thereon.
(b) . If any notice given in accordance with the foregoing paragraph would be unlikely to reach the Debentureholders to whom it is addressed in the ordinary course of post by reason of an interruption in mail service, whether at the place of dispatch or receipt or both, the Corporation will shall give such notice by publication at least once in an English language the city of Toronto (or in such of those cities as, in the opinion of the Trustee, is sufficient in the particular circumstances), each such publication to be made in a daily newspaper of general circulation in Canada.
(c) the designated city. Any notice given to Debentureholders by publication will shall be deemed to have been given on the day on which publication has shall have been effected at least once in each of the newspapers in which publication was required.
(d) . All notices with respect to any Debenture may be given to whichever one of the holders thereof (if more than one) is named first in the registers hereinbefore mentioned, and any notice so given will shall be sufficient notice to all holders of any persons Persons interested in such Debenture.
Appears in 1 contract
Sources: Secured Trust Indenture
Notice to Debentureholders.
(a1) All notices to be given hereunder with respect to the Debentures will shall be deemed to be validly given to the holders thereof if sent by by: (i) first class mail, postage prepaid, by letter or circular addressed to such holders at their post office addresses appearing in any of the registers hereinbefore mentioned with a copy to the Debenture Trustee and will shall be deemed to have been effectively given three days following the day of mailing; or (ii) electronic communication to such holder at its electronic address appearing on the registers. Accidental error or omission in giving notice or accidental failure to mail notice to any Debentureholder or the inability of the Corporation to give or mail any notice due to anything beyond the reasonable control of the Corporation will shall not invalidate any action or proceeding founded thereon.
(b2) If any notice given in accordance with the foregoing paragraph would be unlikely to reach the Debentureholders to whom it is addressed in the ordinary course of post by reason of an interruption in mail service, whether at the place of dispatch or receipt or both, the Corporation will shall give such notice by publication at least once in an English language the city of Calgary (or in such of those cities as, in the opinion of the Trustee, is sufficient in the particular circumstances), each such publication to be made in a daily newspaper of general circulation in Canadathe designated city.
(c3) Any notice given to Debentureholders by publication will shall be deemed to have been given on the day on which publication has shall have been effected at least once in each of the newspapers in which publication was required.
(d4) All notices with respect to any Debenture may be given to whichever one of the holders thereof (if more than one) is named first in the registers hereinbefore mentioned, and any notice so given will shall be sufficient notice to all holders of any persons interested in such Debenture.
Appears in 1 contract
Sources: Indenture
Notice to Debentureholders. (a) All notices to be given hereunder with respect to the Debentures will shall be deemed to be validly given to the holders thereof if personally delivered or sent by first class mail, postage prepaid, by letter or circular addressed to such holders at their post office addresses appearing in any of the registers hereinbefore mentioned with a copy to the Debenture Trustee and will shall be deemed to have been effectively given three days following the day of mailingmailing (or in the case of personal delivery, on the date of such delivery). Accidental error or omission in giving notice or accidental failure to mail notice to any Debentureholder or the inability of the Corporation to give or mail any notice due to anything beyond the reasonable control of the Corporation will shall not invalidate any action or proceeding founded thereon.
(b) . If any notice given in accordance with the foregoing paragraph would be unlikely to reach the Debentureholders to whom it is addressed in the ordinary course of post by reason of an interruption in mail service, whether at the place of dispatch or receipt or both, the Corporation will shall give such notice by publication at least once in an English language the City of Vancouver and the City of New York (or in such of those cities as, in the opinion of the Trustee, is sufficient in the particular circumstances), each such publication to be made in a daily newspaper of general circulation in Canada.
(c) the designated city. Any notice given to Debentureholders by publication will shall be deemed to have been given on the day on which publication has shall have been effected at least once in each of the newspapers in which publication was required.
(d) . All notices with respect to any Debenture may be given to whichever one of the holders thereof (if more than one) is named first in the registers hereinbefore mentioned, and any notice so given will shall be sufficient notice to all holders of any and persons interested in such Debenture.
Appears in 1 contract
Notice to Debentureholders. (a) All notices Unless herein otherwise expressly provided, any notice to be given hereunder with respect to the Debentures will Debentureholders shall be deemed to be validly given given:
(a) to the holders thereof of registered Debentures if such notice is sent by first class unregistered surface or air mail, postage prepaid, by letter or circular addressed to such holders at their post office respective addresses appearing on the register maintained under Article Three; and if in the case of joint holders of any Debentures more than one address appears in the register in respect of such joint holding, such notice shall be addressed only to the first address so appearing; and
(b) to the holders of unregistered Debentures if such notice is published once in each of the registers hereinbefore mentioned with cities of Toronto and Montreal, each such publication to be made in a copy to daily newspaper in the Debenture English or French language, or both languages, of general circulation in the designated city and approved by the Trustee; provided that in the case of notice convening a meeting of Debentureholders, the Trustee and will may require such additional publications of such notice, in the same or in other cities or both, as it may deem necessary for the reasonable protection of the Debentureholders. Any notice so given by mail shall be deemed to have been effectively given three days following on the day of mailing. Any notice so given by publication shall be deemed to have been given when such notice shall have been published once in each of the cities in which publication thereof was required under the foregoing provisions. In determining under any provision hereof the date when notice of any meeting, redemption or other event must be given, the date of giving the notice shall be included and the date of the meeting, redemption or other event shall be excluded. Accidental error or omission in giving notice or accidental failure to mail notice to any Debentureholder or the inability of the Corporation to give or mail any notice due to anything beyond the reasonable control of the Corporation will shall not invalidate any action or proceeding founded thereon.
(b) If any notice given in accordance with the foregoing paragraph would be unlikely to reach the Debentureholders to whom it is addressed in the ordinary course of post by reason of an interruption in mail service, whether at the place of dispatch or receipt or both, the Corporation will give such notice by publication at least once in an English language daily newspaper of general circulation in Canada.
(c) Any notice given to Debentureholders by publication will be deemed to have been given on the day on which publication has been effected at least once in each of the newspapers in which publication was required.
(d) All notices with respect to any Debenture may be given to whichever one of the holders thereof (if more than one) is named first in the registers hereinbefore mentioned, and any notice so given will be sufficient notice to all holders of any persons interested in such Debenture.
Appears in 1 contract
Sources: Trust Indenture (Bce Inc)
Notice to Debentureholders. (a) All notices to be given hereunder with respect to the Debentures will shall be deemed to be validly given to the holders thereof if sent by first class mail, postage prepaid, by letter or circular addressed to such holders at their post office addresses appearing in any of the registers hereinbefore mentioned with a copy to the Debenture Trustee and will shall be deemed to have been effectively given three days Business Days following the day of mailing. Accidental error or omission in giving notice or accidental failure to mail notice to any Debentureholder or the inability of the Corporation REIT to give or mail any notice due to anything beyond the reasonable control of the Corporation will REIT shall not invalidate any action or proceeding founded thereon.
(b) . If any notice given in accordance with the foregoing paragraph would be unlikely to reach the Debentureholders to whom it is addressed in the ordinary course of post by reason of an interruption in mail service, whether at the place of dispatch or receipt or both, the Corporation will REIT shall give such notice by publication at least once in an English language daily newspaper of general circulation in Canada.
(c) Canada and in a French language daily newspaper of general circulation in the Province of Quebec. Any notice given to Debentureholders by publication will shall be deemed to have been given on the day on which publication has shall have been effected at least once in each of the newspapers newspaper in which publication was required.
(d) . All notices with respect to any Debenture may be given to whichever one of the holders thereof (if more than one) is named first in the registers hereinbefore mentioned, and any notice so given will shall be sufficient notice to all holders of any persons Persons interested in such Debenture.
Appears in 1 contract
Sources: Trust Indenture
Notice to Debentureholders. (a1) All notices to be given hereunder with respect to the Debentures will shall be deemed to be validly given to the holders thereof if sent electronically to the email address on record or by first class mail, postage prepaid, by letter or circular addressed to such holders at their post office addresses appearing in any of the registers hereinbefore mentioned with a copy to the Debenture Trustee and will shall be deemed to have been effectively given on the date of delivery of any electronic notice and three days following the day of any mailing. Accidental error or omission in giving notice or accidental failure to send or mail notice to any Debentureholder or the inability of the Corporation to give send or mail any notice due to anything beyond the reasonable control of the Corporation will shall not invalidate any action or proceeding founded thereon.
(b2) If any notice given in accordance with the foregoing paragraph would be unlikely to reach the Debentureholders to whom it is addressed in the ordinary course of electronic mail or of post by reason of an interruption in mail service, whether at the place of dispatch or receipt or both, the Corporation will shall give such notice by publication at least once in an English language the City of Toronto (or in such of those cities as, in the opinion of the Trustee, is sufficient in the particular circumstances), each such publication to be made in a daily newspaper of general circulation in Canadathe City of Toronto.
(c3) Any notice given to Debentureholders by publication will shall be deemed to have been given on the day on which publication has shall have been effected at least once in each of the newspapers in which publication was required.
(d4) All notices with respect to any Debenture may be given to whichever one of the holders thereof (if more than one) is named first in the registers hereinbefore mentioned, and any notice so given will shall be sufficient notice to all holders of any persons interested in such Debenture.
(5) [Reserved]
Appears in 1 contract
Sources: Indenture (Canopy Growth Corp)
Notice to Debentureholders. (a) All notices Unless herein otherwise expressly provided, any notice to be given hereunder with respect to the Debentures will Debentureholders shall be deemed to be validly given given:
(a) to the holders thereof of registered Debentures if delivered to or sent by first class mail, postage prepaid, by letter or circular addressed to such holders at their post office respective addresses appearing on the register maintained under Article 3; and if in the case of joint holders of any Debentures more than one address appears in the register in respect of such joint holding, such notice shall be addressed only to the first address so appearing, and any notice so given shall be sufficient notice to all holders of such Debentures; and
(b) to the holders of unregistered Debentures if such notice is published twice in a daily newspaper of general circulation in the English and French language in the City of Montreal and in the English language in each of the registers hereinbefore mentioned with a copy to cities of Halifax, Toronto, Winnipeg, Regina, Calgary and ▇▇▇couver, and in such other cities, if any, as may be required by the Debenture Trustee and will Trustee, provided that the second publication shall not be less than three Business Days after the first publication. Any notice so given shall be deemed to have been effectively given, if delivered, on the first Business Day after the delivery, or if mailed, five Business Days after the date of mailing providing that during any general postal disruption, notice may be given three days following by delivery as aforesaid or in such other manner as the Trustee may approve. Any notice so given by publication shall be deemed to have been given on the day on or by which it has first been published in each of mailingthe cities in which publication thereof was required under the foregoing provisions. In determining under any provision hereof the date when notice of any meeting, redemption or other event must be given, the date of giving the notice shall be included and the date of the meeting, redemption or other event shall be excluded. Accidental error or omission in giving notice or accidental failure to mail notice to any Debentureholder or the inability of the Corporation to give or mail any notice due to anything beyond the reasonable control of the Corporation will shall not invalidate any action or proceeding founded thereon.
(b) If any notice given in accordance with the foregoing paragraph would be unlikely to reach the Debentureholders to whom it is addressed in the ordinary course of post by reason of an interruption in mail service, whether at the place of dispatch or receipt or both, the Corporation will give such notice by publication at least once in an English language daily newspaper of general circulation in Canada.
(c) Any notice given to Debentureholders by publication will be deemed to have been given on the day on which publication has been effected at least once in each of the newspapers in which publication was required.
(d) All notices with respect to any Debenture may be given to whichever one of the holders thereof (if more than one) is named first in the registers hereinbefore mentioned, and any notice so given will be sufficient notice to all holders of any persons interested in such Debenture.
Appears in 1 contract
Notice to Debentureholders. (a1) All notices to be given hereunder with respect to the Debentures will shall be deemed to be validly given to the holders thereof if sent by electronic communication addressed to such holder, first class mail, postage prepaid, by letter or circular addressed to such holders at their post office addresses appearing in any of the registers hereinbefore mentioned with a copy to the Debenture Trustee and will shall be deemed to have been effectively given three days following the day of mailing. Accidental error or omission in giving notice or accidental failure to mail notice to any Debentureholder or the inability of the Corporation to give or mail any notice due to anything beyond the reasonable control of the Corporation will shall not invalidate any action or proceeding founded thereon.
(b2) If any notice given in accordance with the foregoing paragraph would be unlikely to reach the Debentureholders to whom it is addressed in the ordinary course of post by reason of an interruption in mail service, whether at the place of dispatch or receipt or both, the Corporation will shall give such notice by publication at least once in an English language the city of Toronto (or in such of those cities as, in the opinion of the Trustee, is sufficient in the particular circumstances), each such publication to be made in a daily newspaper of general circulation in Canadathe designated city.
(c3) Any notice given to Debentureholders by publication will shall be deemed to have been given on the day on which publication has shall have been effected at least once in each of the newspapers in which publication was required.
(d4) All notices with respect to any Debenture may be given to whichever one of the holders thereof (if more than one) is named first in the registers hereinbefore mentioned, and any notice so given will shall be sufficient notice to all holders of any persons interested in such Debenture.
Appears in 1 contract
Sources: Secured Trust Indenture
Notice to Debentureholders. (a) All notices to be given hereunder with respect to the Debentures will be deemed to be validly given to the holders thereof if sent by first class mail, postage prepaid, by letter or circular addressed to such holders at their post office addresses appearing in any of the registers hereinbefore mentioned with a copy to the Debenture Trustee and will be deemed to have been effectively given three days following the day of mailing. Any notice to be given hereunder with respect to the Debentures delivered or served by telecopier or courier will be deemed to have been given or served on the day upon which it was delivered. Accidental error or omission in giving notice or accidental failure to mail notice to any Debentureholder or the inability of the Corporation to give or mail any notice due to anything beyond the reasonable control of the Corporation will not invalidate any action or proceeding founded thereon.
(b) . If any notice given in accordance with the foregoing paragraph would be unlikely to reach the Debentureholders to whom it is addressed in the ordinary course of post by reason of an interruption in mail service, whether at the place of dispatch or receipt or both, the Corporation will must give such notice by publication at least once in an English language the city of Montréal (or in such of those cities as, in the opinion of the Debenture Trustee, is sufficient in the particular circumstances), each such publication to be made in a daily newspaper of general circulation in Canada.
(c) the designated city. Any notice given to Debentureholders by publication will be deemed to have been given on the day on which publication has been effected at least once in each of the newspapers in which publication was required.
(d) . All notices with respect to any Debenture may be given to whichever one of the holders thereof (if more than one) is named first in the registers hereinbefore mentioned, and any notice so given will be sufficient notice to all holders of any persons interested in such Debenture.
Appears in 1 contract
Sources: Trust Indenture (Boralex Inc.)
Notice to Debentureholders. (a) All notices to be given hereunder with respect to the Debentures will shall be deemed to be validly given to the holders thereof if sent by first class mail, postage prepaid, by letter or circular addressed to such holders at their post office addresses appearing in any of the registers hereinbefore mentioned with a copy (or such other e-mail address(es) as such Debentureholder may direct the Corporation and the Trustee in writing from time to the Debenture Trustee time) and will shall be deemed to have been effectively given three days 10 Business Days following the day of mailing, or, in the case of a Debentureholder that is a member of the MMCap Group, sending the same by email transmission to the applicable addressee(s) identified in the purchase agreement MMCap International Inc. SPC and the Corporation dated on or about the date hereof regarding the purchase by MMCap International Inc. SPC of Debentures (or such other e-mail address(es) as such Debentureholder may direct the Corporation and the Trustee in writing from time to time), which if sent by email transmission, shall be deemed to have been given and received at the time of receipt (if a Business Day, if not the next succeeding Business Day) unless actually received after 4:30 p.m. (Vancouver time) at the point of delivery in which case it shall be deemed to have been given and received on the next Business Day. Accidental error or omission in giving notice or accidental failure to mail notice to any Debentureholder or the inability of the Corporation or the Trustee, as the case may be, to give or mail any notice due to anything beyond the reasonable control of the Corporation will or the Trustee, as the case may be, shall not invalidate any action or proceeding founded thereon.
(b) If any notice given in accordance with the foregoing paragraph would be unlikely to reach the Debentureholders to whom it is addressed in the ordinary course of post by reason of an interruption in mail service, whether at the place of dispatch or receipt or both, the Corporation will give such notice by publication at least once in an English language daily newspaper of general circulation in Canada.
(c) Any notice given to Debentureholders by publication will be deemed to have been given on the day on which publication has been effected at least once in each of the newspapers in which publication was required.
(d) All notices with respect to any Debenture may registered in the name of one or more joint holders shall be given to whichever one of all joint holders at the holders thereof (if more than one) is named first in address appearing on the registers hereinbefore mentioned, and any notice so given will be sufficient notice to all holders of any persons interested in such Debentureregister.
Appears in 1 contract
Sources: Trust Indenture (NexGen Energy Ltd.)
Notice to Debentureholders. (a) All notices to be given hereunder with respect to the Debentures will shall be deemed to be validly given to the holders Debentureholders thereof if sent by first class mail, postage prepaid, by letter or circular addressed to such holders Debentureholders at their post office addresses appearing in any of the registers hereinbefore mentioned with a copy to the Debenture Trustee and will shall be deemed to have been effectively given three days Business Days following the day of mailing. Accidental error or omission in giving notice or accidental failure to mail notice to any Debentureholder or the inability of the Corporation Trust to give or mail any notice due to anything beyond the reasonable control of the Corporation will Trust shall not invalidate any action or proceeding founded thereon.
(b) . If any notice given in accordance with the foregoing paragraph would be unlikely to reach the Debentureholders to whom it is addressed in the ordinary course of post by reason of an interruption in mail service, whether at the place of dispatch or receipt or both, the Corporation will Trust shall give such notice by publication at least once in an English language the City of Toronto, such publication to be made in a daily newspaper of general circulation in Canada.
(c) national circulation. Any notice given to Debentureholders by publication will shall be deemed to have been given on the day on which publication has shall have been effected at least once in each of the newspapers newspaper in which publication was required.
(d) . All notices with respect to any Debenture may be given to whichever one of the holders Debentureholders thereof (if more than one) is named first in the registers hereinbefore mentioned, and any notice so given will shall be sufficient notice to all holders of any persons Persons interested in such Debenture.
Appears in 1 contract