Notice to Debentureholders. All notices to be given hereunder with respect to the Debentures 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 and 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 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 shall give such notice by publication at least once in the City of Calgary (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 the designated city. Any notice given to Debentureholders by publication shall be deemed to have been given on the day on which publication shall have been effected at least once in each of the newspapers in which publication was required. 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 shall be sufficient notice to all holders of such Debenture.
Appears in 2 contracts
Samples: Trust Indenture (Red Mile Entertainment Inc), Trust Indenture (Red Mile Entertainment Inc)
Notice to Debentureholders. All notices to be given hereunder with respect to the Debentures 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 and 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 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 shall give such notice by publication at least once in the City city of Calgary Toronto, Ontario (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 the designated cityToronto. Any notice given to Debentureholders by publication shall be deemed to have been given on the day on which publication shall have been effected at least once in each of the newspapers in which publication was required. 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 shall be sufficient notice to all holders of any Persons interested in such Debenture.
Appears in 2 contracts
Samples: Debenture Indenture, Debenture Indenture
Notice to Debentureholders. (1) All notices to be given hereunder with respect to the Debentures 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 and 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 send or mail any notice due to anything beyond the reasonable control of the Corporation shall not invalidate any action or proceeding founded thereon. .
(2) 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 shall give such notice by publication at least once in the City of Calgary 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 the designated city. City of Toronto.
(3) Any notice given to Debentureholders by publication shall be deemed to have been given on the day on which publication shall have been effected at least once in each of the newspapers in which publication was required. .
(4) 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 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 00 Xxxxxxxxxx Xxxxxx Xxxx, Xxxxx 0000, Xxxxxxx, XX, Xxxxxx X0X 0X0.
Appears in 2 contracts
Samples: Indenture (Canopy Growth Corp), Indenture (Canopy Growth Corp)
Notice to Debentureholders. (a) All notices to be given hereunder with respect to the Debentures shall 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 shall 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 shall 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 shall will give such notice by publication at least once in the City of Calgary (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 an English language daily newspaper of general circulation in the designated city. Canada.
(c) Any notice given to Debentureholders by publication shall will be deemed to have been given on the day on which publication shall have 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 shall will be sufficient notice to all holders of any persons interested in such Debenture.
Appears in 2 contracts
Samples: Trust Indenture (IntelGenx Technologies Corp.), Trust Indenture (IntelGenx Technologies Corp.)
Notice to Debentureholders. All notices to be given hereunder with respect to the Debentures 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 and 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 Issuer to give or mail any notice due to anything beyond the reasonable control of the Issuer 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 Issuer shall give such notice by publication at least once in the City of Calgary (or in such of those cities asToronto, 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 the designated citynational circulation. Any notice given to Debentureholders by publication shall be deemed to have been given on the day on which publication shall have been effected at least once in each of the newspapers newspaper in which publication was required. 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 shall be sufficient notice to all holders of any Persons interested in such Debenture.
Appears in 2 contracts
Samples: Trust Indenture (Algonquin Power & Utilities Corp.), Trust Indenture (Algonquin Power & Utilities Corp.)
Notice to Debentureholders. All notices to be given hereunder with respect Any notice to the Debentures shall 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 and 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 shall will not invalidate any action or proceeding founded thereon. If All notices may be given to whichever one of the Debentureholders (if more than one) is named first in the appropriate register hereinbefore mentioned, and any notice so given shall be sufficient notice to all Debentureholders of and any other persons (if any) interested in accordance with such Debentures. If, by reason of any interruption of mail service, actual or threatened, any notice to be given to the foregoing paragraph Debentureholders by the Trustee or the Corporation would be unlikely to reach the Debentureholders or likely to whom it is addressed be delayed in reaching its destination in the ordinary course of post by reason mail, such notice shall be valid and effective only if published once (i) in the national edition of an interruption The Globe & Mail newspaper; and (ii) in mail servicesuch other place or places and manner, whether at the place of dispatch or receipt or bothif any, as the Corporation shall give such notice by publication at least once in the City of Calgary (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 the designated citymay 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 at least once in each effected. A copy of any notice provided to the newspapers in which publication was required. All notices with respect to any Debenture may Debentureholders shall be given to whichever one of the holders thereof concurrently provided tothe Trustee (if more than onegiven by the Corporation) is named first or to the Corporation (if given by the Trustee) in the registers hereinbefore mentioned, and any notice so given shall be sufficient notice to all holders of such Debenturemanner specified in Section 12.1.
Appears in 1 contract
Samples: Indenture
Notice to Debentureholders. (1) All notices to be given hereunder with respect to the Debentures 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 and register referred to 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 shall not invalidate any action or proceeding founded thereon. If any notice be given in accordance with the foregoing paragraph to 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 any daily English language newspaper of dispatch or receipt or both, the Corporation shall give such notice by publication at least general circulation in all provinces of Canada and once in the City of Calgary (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 French language newspaper of general circulation in the designated cityProvince of Quebec. Any notice so given to Debentureholders by publication shall be deemed to have been given received on the day on which publication shall have been effected at least once in each of the newspapers in which publication was required. .
(2) 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 shall be sufficient notice to all holders Holders of 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
Samples: Indenture (Amvescap PLC/London/)
Notice to Debentureholders. All notices Unless herein otherwise expressly provided, any notice to be given hereunder with respect to the Debentures 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 cities of Halifax, Toronto, Winnipeg, Regina, Calgary and Xxxcouver, and in such other cities, if any, as may be required by the 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 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 shall give such notice by publication at least once in the City of Calgary (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 the designated city. Any notice given to Debentureholders by publication shall be deemed to have been given on the day on which publication shall have been effected at least once in each of the newspapers in which publication was required. 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 shall be sufficient notice to all holders of such Debenture.
Appears in 1 contract
Notice to Debentureholders. All notices Unless otherwise expressly provided in this Indenture, any notice to be given hereunder with respect to Debentureholders under the Debentures provisions hereof shall be deemed to be validly given to valid and effective if in the case of holders thereof if of registered Debentures 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 and and, subject to this Section 12.2, 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 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 received at the place time of dispatch delivery or receipt sending by electronic communication or both, on the Corporation shall give such notice by publication at least once in the City of Calgary fifth (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 the designated city5th) Business Day after mailing. Any notice given to Debentureholders made by publication 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 shall have been effected at least once in each of the newspapers in which publication was requirednext 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 shall be sufficient notice to all holders of 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 Xxxxxxx, Xxxxxxx, and such other cities, if any, at which Registers in respect of such Debentures are required to be kept.
Appears in 1 contract
Samples: Indenture (Brookfield Renewable Energy Partners L.P.)
Notice to Debentureholders. (1) All notices to be given hereunder with respect to the Debentures 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 and 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 shall not invalidate any action or proceeding founded thereon. .
(2) 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 shall give such notice by publication at least once in the City city of Calgary 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 the designated city. .
(3) Any notice given to Debentureholders by publication shall be deemed to have been given on the day on which publication shall have been effected at least once in each of the newspapers in which publication was required. .
(4) 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 shall be sufficient notice to all holders of any Persons interested in such Debenture.
Appears in 1 contract
Samples: Secured Trust Indenture
Notice to Debentureholders. All notices to be given hereunder with respect to the Debentures 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 and 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 shall not invalidate any action or proceeding founded thereon. 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 Company shall give such notice by publication at least once (twice in the City case of Calgary (a notice of a meeting of Debentureholders) in The Globe and Mail or any other English language daily newspaper of general circulation in such of those cities as, Canada and in the opinion of the Debenture Trustee, is sufficient in the particular circumstances), each such publication to be made in a La Presse or any other French language daily newspaper of general circulation in the designated cityProvince of Quebec. Any notice so given to Debentureholders by publication shall be deemed to have been given received on the day on which publication shall have been effected at least once in each of the newspapers newspaper in which publication was required. 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 shall be sufficient notice to all holders Holders of such Debenture. 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
Notice to Debentureholders. All notices to be given hereunder with respect to the Debentures 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 and 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 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 shall give such notice by publication at least once in the City cities of Calgary Xxxxxxx, Xxxxxxx xxx Xxxxxxx, Xxxxxxx (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 the designated city. Any notice given to Debentureholders by publication shall be deemed to have been given on the day on which publication shall have been effected at least once in each of the newspapers in which publication was required. 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 shall be sufficient notice to all holders of any persons interested in such Debenture.
Appears in 1 contract
Notice to Debentureholders. All notices to be given hereunder with respect to the Debentures 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 and 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 REIT to give or mail any notice due to anything beyond the reasonable control of the REIT 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 REIT shall give such notice by publication at least once in the City an English language daily newspaper of Calgary (or general circulation 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 Canada and in a French language daily newspaper of general circulation in the designated cityProvince of Quebec. Any notice given to Debentureholders by publication shall be deemed to have been given on the day on which publication shall have been effected at least once in each of the newspapers newspaper in which publication was required. 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 shall be sufficient notice to all holders of any Persons interested in such Debenture.
Appears in 1 contract
Samples: Trust Indenture
Notice to Debentureholders. All notices to be given hereunder with respect to the Debentures 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 and 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 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 Company shall give such notice by publication at least once in the City of Calgary 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 the designated city. Any notice given to Debentureholders by publication shall be deemed to have been given on the day on which publication shall have been effected at least once in each of the newspapers in which publication was required. 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 shall be sufficient notice to all holders of such Debenture.
Appears in 1 contract
Samples: Trust Indenture (Canadian Satellite Radio Holdings Inc.)
Notice to Debentureholders. (a) All notices to be given hereunder with respect to the Debentures 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 (or such other e-mail address(es) as such Debentureholder may direct the Corporation and the Trustee in writing from time to time) and 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 or the Trustee, as the case may be, 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 shall give such notice by publication at least once in the City of Calgary .
(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 the designated city. Any notice given to Debentureholders by publication shall be deemed to have been given on the day on which publication shall have been effected at least once in each of the newspapers in which publication was required. b) 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 shall be sufficient notice to all holders of such Debentureregister.
Appears in 1 contract
Samples: Trust Indenture (NexGen Energy Ltd.)
Notice to Debentureholders. (1) All notices to be given hereunder with respect to the Debentures 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 and 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 send or mail any notice due to anything beyond the reasonable control of the Corporation shall not invalidate any action or proceeding founded thereon. .
(2) 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 shall give such notice by publication at least once in the City of Calgary 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 the designated city. City of Toronto.
(3) Any notice given to Debentureholders by publication shall be deemed to have been given on the day on which publication shall have been effected at least once in each of the newspapers in which publication was required. .
(4) 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 shall be sufficient notice to all holders of any persons interested in such Debenture.
(5) [Reserved]
Appears in 1 contract
Samples: Indenture (Canopy Growth Corp)
Notice to Debentureholders. All notices to be given hereunder with respect to the Debentures 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 and 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 Trust to give or mail any notice due to anything beyond the reasonable control of the Trust 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 Trust shall give such notice by publication at least once in the City of Calgary (or in such of those cities asToronto, 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 the designated citynational circulation. Any notice given to Debentureholders by publication shall be deemed to have been given on the day on which publication shall have been effected at least once in each of the newspapers newspaper in which publication was required. 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 shall be sufficient notice to all holders of any Persons interested in such Debenture.
Appears in 1 contract
Notice to Debentureholders. All notices Unless herein otherwise expressly provided, any notice to be given hereunder with respect to the Debentures 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 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 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 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 shall give such notice by publication at least once in the City of Calgary (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 the designated city. Any notice given to Debentureholders by publication shall be deemed to have been given on the day on which publication shall have been effected at least once in each of the newspapers in which publication was required. 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 shall be sufficient notice to all holders of such Debenture.
Appears in 1 contract
Samples: Trust Indenture (Finova Group Inc)
Notice to Debentureholders. (a) All notices to be given hereunder with respect to the Debentures shall 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 shall 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 shall or the inability of the REIT to give or mail any notice due to anything beyond the reasonable control of the 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 shall REIT will give such notice by publication at least once in the City of Calgary (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 an English language daily newspaper of general circulation in the designated city. Canada.
(c) Any notice given to Debentureholders by publication shall will be deemed to have been given on the day on which publication shall have 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 shall will be sufficient notice to all holders of any persons interested in such Debenture.
Appears in 1 contract
Samples: Trust Indenture
Notice to Debentureholders. All notices to be given hereunder with respect to the Debentures 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 and 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 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 shall give such notice by publication at least once in the City of Calgary Vancouver and the City of New York (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 the designated city. Any notice given to Debentureholders by publication shall be deemed to have been given on the day on which publication shall have been effected at least once in each of the newspapers in which publication was required. 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 shall be sufficient notice to all holders of and persons interested in such Debenture.
Appears in 1 contract
Notice to Debentureholders. All notices Unless herein otherwise expressly provided, any notice to be given hereunder with respect to the Debentures 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 cities of Toronto and Montreal, each such publication to be made in a daily newspaper in the 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 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 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 shall give such notice by publication at least once in the City of Calgary (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 the designated city. Any notice given to Debentureholders by publication shall be deemed to have been given on the day on which publication shall have been effected at least once in each of the newspapers in which publication was required. 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 shall be sufficient notice to all holders of such Debenture.
Appears in 1 contract
Samples: Trust Indenture (Bce Inc)
Notice to Debentureholders. All Subject to Section 2.6, all notices to be given hereunder with respect to the Debentures 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 and 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 shall not invalidate any action or proceeding founded thereon. 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 shall give such notice by publication at least once in the City cities of Calgary and 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 the designated city. Any notice given to Debentureholders by publication shall be deemed to have been given on the day on which publication shall have been effected at least once in each of the newspapers in which publication was required. 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 shall be sufficient notice to all holders of any persons interested in such Debenture.
Appears in 1 contract
Notice to Debentureholders. All notices Unless herein otherwise expressly provided, any notice to be given hereunder with respect to the Debentures 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 and such joint holding, such notice shall be deemed addressed only 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 shall not invalidate any action or proceeding founded thereon. If first address so appearing, provided, however, that 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 shall give such notice by publication at least once (twice in the case of a notice of a meeting of Debentureholders) in the City of Calgary (or in such of those cities as, in the opinion of the Debenture Trustee, is sufficient in the particular circumstances), Toronto and New York City; each such publication to be made in a daily newspaper of general national circulation in the designated cityEnglish 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 shall be deemed to have been given on the day on which publication shall have been effected at least once in each of the newspapers newspaper in which publication was required. 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 shall be sufficient notice to all holders of such Debentureaction or proceeding founded thereon.
Appears in 1 contract
Samples: Trust Indenture (Enron Corp/Or/)
Notice to Debentureholders. (1) All notices to be given hereunder with respect to the Debentures 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 and 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 shall not invalidate any action or proceeding founded thereon. .
(2) 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 shall give such notice by publication at least once in the City city of Calgary 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 the designated city. .
(3) Any notice given to Debentureholders by publication shall be deemed to have been given on the day on which publication shall have been effected at least once in each of the newspapers in which publication was required. .
(4) 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 shall be sufficient notice to all holders of any persons interested in such Debenture.
Appears in 1 contract
Samples: Secured Trust Indenture
Notice to Debentureholders. (1) All notices to be given hereunder with respect to the Debentures 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 and 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 send or mail any notice due to anything beyond the reasonable control of the Corporation shall not invalidate any action or proceeding founded thereon. .
(2) 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 shall give such notice by publication at least once in the City of Calgary 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 the designated city. City of Toronto.
(3) Any notice given to Debentureholders by publication shall be deemed to have been given on the day on which publication shall have been effected at least once in each of the newspapers in which publication was required. .
(4) 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 shall be sufficient notice to all holders of any persons interested in such Debenture.
Appears in 1 contract
Samples: Indenture (Canopy Growth Corp)
Notice to Debentureholders. All notices to be given hereunder with respect to the Debentures shall 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 shall 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 shall 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. 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 shall must give such notice by publication at least once in the City city of Calgary 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 the designated city. Any notice given to Debentureholders by publication shall will be deemed to have been given on the day on which publication shall have has been effected at least once in each of the newspapers in which publication was required. 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 shall will be sufficient notice to all holders of any persons interested in such Debenture.
Appears in 1 contract
Samples: Trust Indenture (Boralex Inc.)
Notice to Debentureholders. All notices to be given hereunder with respect to the Debentures 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 and 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 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 shall give such notice by publication at least once in the City of Calgary Toronto (or in such of those cities as, in the opinion of the Debenture TrusteeCorporation, is sufficient in the particular circumstances), each such publication to be made in a daily newspaper of general circulation in the designated city. Any notice given to Debentureholders by publication shall be deemed to have been given on the day on which publication shall have been effected at least once in each of the newspapers newspaper in which publication was required. 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 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
Samples: Trust Indenture (MDC Partners Inc)