Notice to Depositary and Owners; Waiver Clause Samples

Notice to Depositary and Owners; Waiver. Where this Agreement provides for notice to a Depositary or owners of Book-Entry Interests of any event, such notice shall be sufficiently given (unless otherwise herein expressly provided), if in writing and sent by facsimile transmission or personally delivered, couriered or mailed, first-class postage prepaid, to the Depositary at the address notified to the Book-Entry Depositary, in each case not later than the latest date, and not earlier that the earliest date, prescribed for the giving of such notice. Where this Agreement provides for notice in any manner, such notice may be waived in writing by the Person entitled to receive such notice, either before or after the event, and such waiver shall be the equivalent of such notice. Waivers of notice by the Depositary shall be filed with the Book-Entry Depositary, but such filing shall not be a condition precedent to the validity of any action taken in reliance upon such waiver. So long as the Notes are listed on the Luxembourg Stock Exchange and the rules of that stock exchange so require, notices shall be also published in a leading newspaper having general circulation in Luxembourg (which is expected to be the LUXEMBURGER WORT) and such notice shall be deemed to have been given on the date of such publication or, if published more than once on different dates, on the first date on which publication is made. 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 Book-Entry Depositary shall constitute a sufficient notification for every purpose hereunder.