Common use of Notice to Holders; Waiver Clause in Contracts

Notice to Holders; Waiver. Where this Indenture provides for notice of any event to Holders of Registered Securities by the Company or the Trustee, such notice shall be sufficiently given (unless otherwise herein expressly provided) if in writing and mailed, first-class postage prepaid, or by email, to each such Holder affected by such event, at his physical address or email address as such address appears in the Security Register, not later than the latest date, and not earlier than the earliest date, prescribed for the giving of such notice. In any case where notice to Holders of Registered Securities is given by mail, neither the failure to mail such notice, nor any defect in any notice so mailed, to any particular Holder shall affect the sufficiency of such notice with respect to other Holders of Registered Securities given as provided herein. Any notice mailed to a Holder in the manner herein prescribed shall be conclusively deemed to have been received by such Holder, whether or not such Holder actually receives such notice.

Notice to Holders; Waiver. Where this Indenture provides for notice of any event to Holders of Registered Securities by the Company or the Trusteeany event, such notice shall be sufficiently given (unless otherwise herein expressly provided) if in writing and mailed, first-class postage prepaidprepaid (if international mail, or by emailair mail), to each such Holder affected by such event, at his physical address or email address as such address it appears in the Security Register, not later than the latest datedate (if any), and not earlier than the earliest datedate (if any), prescribed for the giving of such notice. In any case where notice to Holders of Registered Securities is given by mail, neither the failure to mail such notice, nor any defect in any notice so mailed, to any particular Holder shall affect the sufficiency of such notice with respect to other Holders of Registered Securities given as provided hereinHolders. Any notice mailed to a Holder in the manner herein prescribed shall be conclusively deemed to have been received by such Holder, whether or not such Holder actually receives such notice.. Where this Indenture 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 9

Notice to Holders; Waiver. Where this Indenture provides for notice of any event to Holders of Registered Securities by the Company or the Trusteeany event, such notice shall be sufficiently given (unless otherwise herein expressly provided) if in writing and mailed, first-class postage prepaid, or by email, to each such Holder affected by such event, at his physical address or email address as such address it appears in the Security Register, not later than the latest date, date and not earlier than the earliest date, prescribed for the giving of such notice. In any case where notice to Holders of Registered Securities is given by mail, neither the failure to mail such notice, nor any defect in any notice so mailed, to any particular Holder shall affect the sufficiency of such notice with respect to other Holders of Registered Securities given as provided hereinHolders. Any Where this Indenture provides for notice mailed in any manner, such notice may be waived in writing by the Person entitled to a Holder in receive such notice, either before or after the manner herein prescribed event, and such waiver shall be conclusively deemed to have been received by such Holder, whether or not such Holder actually receives the equivalent of such notice. Waivers of notice by Holders shall be filed with the Trustee, but such filing shall not be a condition precedent to the validity of any action taken in reliance upon such waiver.

Notice to Holders; Waiver. Where this Indenture Security provides for notice of any event to Holders of Registered Securities by the Company or the Trusteeany event, such notice shall be sufficiently given (unless otherwise herein expressly provided) if in writing and mailed, first-class postage prepaid, or by email, to each such Holder affected by such event, at his physical address or email its address as such address it appears in the Security Register, not later than the latest datedate (if any), and not earlier than the earliest datedate (if any), prescribed for the giving of such notice. In any case where notice to Holders of Registered Securities is given by mail, neither the failure to mail such notice, nor any defect in any notice so mailed, to any particular Holder shall affect the sufficiency of such notice with respect to other Holders of Registered Securities given as provided herein. Any and any notice which is mailed to a Holder in the manner herein prescribed provided shall be conclusively deemed presumed to have been received duly given. Where this Security provides for notice in any manner, such notice may be waived in writing by such Holder, whether or not such Holder actually receives 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 Holders shall be filed with the Company,

Notice to Holders; Waiver. Where this Indenture provides for notice of any event to Holders of Registered Securities by the Company or the Trusteeany event, such notice shall be sufficiently given (unless otherwise herein expressly provided) if in writing and mailed, first-class postage prepaid, or by email, to each such Holder affected by such event, at his physical address or email such Holder’s address as such address it appears in the Security Note Register, not later than the latest date, and not earlier than the earliest date, prescribed for the giving of such notice. In any case where notice to Holders of Registered Securities is given by mail, neither the failure to mail such notice, nor any defect in any notice so mailed, to any particular Holder shall affect the sufficiency of such notice with respect to other Holders of Registered Securities given as provided hereinHolders. Any notice when mailed to a Holder in the aforesaid manner herein prescribed shall be conclusively deemed to have been received by such Holder, Holder whether or not actually received by such Holder actually receives Holder. Where this Indenture 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 to Holders; Waiver. Where this Indenture provides for notice of any event to Holders of Registered Securities by the Company or the Trusteeany event, such notice shall be sufficiently given (unless otherwise herein expressly provided) if in writing and mailed, first-class postage prepaid, or by email, to each such Holder affected by such event, at his physical address or email address as such address it appears in the Security Register, not later than the latest datedate (if any), and not earlier than the earliest datedate (if any), prescribed for the giving of such notice. In any case where notice to Holders of Registered Securities is given by mail, neither the failure to mail such notice, nor any defect in any notice so mailed, to any particular Holder shall affect the sufficiency of such notice with respect to other Holders of Registered Securities given as provided hereinHolders. Any Where this Indenture provides for notice mailed in any manner, such notice may be waived in writing by the Person entitled to a Holder in receive such notice, either before or after the manner herein prescribed event, and such waiver shall be conclusively deemed to have been received by such Holder, whether or not such Holder actually receives the equivalent of such notice.. Waivers of notice by Holders shall be filed

Notice to Holders; Waiver. Where this Indenture provides for notice of any event to Holders of Registered Securities by the Company or the Trustee, such notice shall be sufficiently given (unless otherwise herein expressly provided) if in writing and mailed, first-class postage prepaid, or by email, to each such Holder affected by such event, at his physical address or email address as such address it appears in the Security Register, not later than the latest date, and not earlier than the earliest date, prescribed for the giving of such notice. In any case where notice to Holders of Registered Securities is given by mail, neither the failure to mail such notice, nor any defect in any notice so mailed, to any particular Holder shall affect the sufficiency of such notice with respect to other Holders of Registered Securities given as provided hereinHolders. Any notice mailed to a Holder in the manner herein prescribed shall be conclusively deemed to have been received by such Holder, whether or not such Holder actually receives such notice. Where this Indenture 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.

Notice to Holders; Waiver. Where this Indenture provides for notice of any event to Holders of Registered Securities by the Company Issuers or the Trustee, such notice shall be sufficiently given (unless otherwise herein expressly provided) if in writing and mailed, first-class postage prepaid, or by email, to each such Holder affected by such eventHolder, at his physical address or email address as such address it appears in the Security Note Register, not later than the latest date, and not earlier than the earliest date, prescribed for the giving of such notice. In any case where notice to Holders of Registered Securities is given by mail, neither Neither the failure to mail such notice, nor any defect in any notice so mailed, to any particular Holder shall affect the sufficiency of such notice with respect to other Holders of Registered Securities given as provided hereinHolders. Any notice mailed to a Holder in the manner herein prescribed shall be conclusively deemed to have been received by such Holder, whether or not such Holder actually receives such notice.. Where this Indenture 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 to Holders; Waiver. Where this Indenture provides for notice of any event to Holders of Registered Securities by the Company or the Trusteeany event, such notice shall be sufficiently given (unless otherwise herein expressly provided) if in writing and mailed, first-class postage prepaid, prepaid or by emailovernight delivery service, to each such Holder affected by such event, at his physical address or email address as such address it appears in the Security Register, not later than the latest datedate (if any), and not earlier than the earliest datedate (if any), prescribed for the giving of such notice. In any case where notice to Holders of Registered Securities is given by mailmail or by overnight delivery service, neither the failure to mail or send such notice, nor any defect in any notice so mailedmailed or sent, to any particular Holder shall affect the sufficiency of such notice with respect to other Holders of Registered Securities given as provided hereinHolders. Any Where this Indenture provides for notice mailed in any manner, such notice may be waived in writing by the Person entitled to a Holder in receive such notice, either before or after the manner herein prescribed event, and such waiver shall be conclusively deemed to have been received by such Holder, whether or not such Holder actually receives the equivalent of such notice.. Waivers of notice by Holders

Notice to Holders; Waiver. Where this Indenture provides for notice of any event to Holders of Registered Securities by the Company or the Trustee, such notice shall be sufficiently given (unless otherwise herein expressly provided) if in writing and mailed, first-class postage prepaid, or by email, to each such Holder affected by such event, at his physical address or email address as such address it appears in the Security Register, not later than the latest date, and not earlier than the earliest date, prescribed for the giving of such notice. In any case where notice to Holders of Registered Securities is given by mail, neither the failure to mail such notice, nor any defect in any notice so mailed, to any particular Holder shall affect the sufficiency of such notice with respect to other Holders of Registered Securities or the sufficiency of any notice to Holders of Bearer Securities given as provided herein. Any notice mailed to a Holder in the manner herein prescribed shall be conclusively deemed to have been received by such Holder, whether or not such Holder actually receives such notice.

Notice to Holders; Waiver. Where this Indenture provides for notice of any event to Holders of Registered Securities by the Company or the Trusteeany event, such notice shall be sufficiently given (unless otherwise herein expressly provided) if in writing and mailed, first-class postage prepaidprepaid (if international mail, or by email, air mail) to each such Holder affected by such event, at his physical address or email address as such address it appears in the Security Register, not later than the latest datedate (if any), and not earlier than the earliest datedate (if any), prescribed for the giving of such notice. In any case where notice to Holders of Registered Securities is given by mail, neither the failure to mail such notice, nor any defect in any notice so mailed, to any particular Holder shall affect the sufficiency of such notice with respect to other Holders of Registered Securities given as provided hereinHolders. Any notice mailed to a Holder in the manner herein prescribed shall be conclusively deemed to have been received by such Holder, whether or not such Holder actually receives such notice.. Where this Indenture 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

Notice to Holders; Waiver. Where this Indenture provides for notice of any event to Holders of Registered Securities by the Company or the Trusteeany event, such notice shall be sufficiently given (unless otherwise herein expressly provided) if in writing and mailed, first-first class postage prepaid, or by email, to each such Holder affected by such event, at his physical the address or email address of such Holder as such address it appears in the Security Securities Register, not later than the latest datedate (if any), and not earlier than the earliest datedate (if any), prescribed for the giving of such notice. In any case where notice to Holders of Registered Securities is given by mail, neither the failure to mail such notice, nor any defect in any notice so mailed, to any particular Holder shall affect the sufficiency of such notice with respect to other Holders of Registered Securities given as provided hereinHolders. Any Where this Indenture provides for notice mailed in any manner, such notice may be waived in writing by the Person entitled to a Holder in receive such notice, either before or after the manner herein prescribed event, and such waiver shall be conclusively deemed to have been received by such Holder, whether or not such Holder actually receives the equivalent of such notice.. Waivers of notice by Holders

Notice to Holders; Waiver. Where this Indenture provides for the giving of notice of any event to Holders of Registered Securities by the Company or the Trusteeany event, such notice shall be sufficiently given (unless otherwise herein expressly provided) if in writing and mailed, first-class postage prepaid, or by email, to each such Holder affected by such event, at his physical address or email such address as such address appears in the Security Register, not later than the latest date, and not earlier than the earliest date, prescribed for the giving of such notice. In any case where notice to Holders of Registered Securities is given by mail, neither the failure to mail such notice, nor any defect in any notice so mailed, to any particular Holder shall affect the sufficiency of such notice with respect to other Holders of Registered Securities given as provided hereinHolders. Any Where this Indenture provides for notice mailed in any manner, such notice may be waived in writing by the Person entitled to a Holder in receive such notice, either before or after the manner herein prescribed event, and such waiver shall be conclusively deemed to have been received by such Holder, whether or not such Holder actually receives the equivalent of such notice.. Waivers of notice by Holders shall be filed with the Trustee, but

Notice to Holders; Waiver. Where this Indenture provides for notice of any event to Holders of Registered Securities by the Company Issuer or the Trustee, such notice shall be sufficiently given (unless otherwise herein expressly provided) if in writing and delivered electronically or mailed, first-class postage prepaid, or by email, to each such Holder affected by such event, at his physical address or email such Holder’s address as such address it appears in the Security Note Register, not later than the latest date, and not earlier than the earliest date, prescribed for the giving of such notice. In any case where notice to Holders of Registered Securities is given by mail, neither the failure to mail such notice, nor any defect in any notice so mailed, to any particular Holder shall affect the sufficiency of such notice with respect to other Holders Holders. Notices given by publication (including posting of Registered Securities information as contemplated by Section 10.09 of this Indenture) will be deemed given as provided herein. Any notice mailed to a Holder in on the manner herein prescribed shall be conclusively deemed to have been received first date on which publication is made; notices given by such Holder, whether or not such Holder actually receives such notice.first-class mail,

Notice to Holders; Waiver. Where this Indenture provides for notice of any event to Holders of Registered Securities by the Company or the Trustee, such notice shall be sufficiently given (unless otherwise herein expressly provided) if in writing and mailed, first-class postage prepaid, or by email, to each such Holder affected by such event, at his physical the address or email address of such Holder as such address it appears in the Security Register, not later than the latest date, and not earlier than the earliest date, prescribed for the giving of such notice. In any case where notice to Holders of Registered Securities is given by mail, neither the failure to mail such notice, nor any defect in any notice so mailed, to any particular Holder shall affect the sufficiency of such notice with respect to other Holders of Registered Securities given as provided hereinHolders. Any notice mailed to a Holder in the manner herein prescribed shall be conclusively deemed to have been received by such Holder, whether or not such Holder actually receives such notice.. Where this Indenture 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 NYDOCS01/566567 3

Notice to Holders; Waiver. Where this Indenture Agreement provides for notice of any event to Holders of Registered Securities by the Company or the TrusteeCorporation, such notice shall be sufficiently given (unless otherwise herein expressly provided) if in writing and mailed, first-class postage prepaid, prepaid or sent by email, a nationally recognized overnight courier to each such Holder affected by such event, at his physical the address set forth on the signature pages to this Agreement or email at any other address as such address appears previously furnished in writing by a Holder to the Security RegisterCorporation, not later than the latest date, and not earlier than the earliest date, prescribed for the giving of such notice. In any case where notice to Holders of Registered Securities is given by mail, neither the failure to mail such notice, nor any defect in any notice so mailed, to any particular Holder shall affect the sufficiency of such notice with respect to other Holders of Registered Securities Holders. Notices given as provided herein. Any notice mailed to a Holder in the manner herein prescribed by first-class mail, postage prepaid, shall be conclusively deemed given five calendar days after mailing. Where this Agreement provides for notice in any manner, such notice may be waived in writing by the Person entitled to have been received by receive such Holdernotice, whether either before or not after the event, and such Holder actually receives waiver shall be the equivalent of such notice.

Notice to Holders; Waiver. Where this Indenture provides for notice of any event to Holders of Registered Securities by the Company or the Trustee, such notice shall be sufficiently given (unless otherwise herein expressly provided) if in writing and mailed, first-class postage prepaid, or by email, to each such Holder affected by such event, at his physical address or email address as such address it appears in the Security Register, not later than the latest date, and not earlier than the earliest date, prescribed for the giving of such notice. In any case where notice to Holders of Registered Securities is given by mail, neither the failure to mail such notice, nor any defect in any notice so mailed, to any particular Holder shall affect the sufficiency of such notice with respect to other Holders of Registered Securities or the sufficiency of any notice to Holders of Bearer Securities given as provided herein. Any notice mailed to a Holder in the manner herein prescribed shall be conclusively deemed to have been received by such Holder, whether or not such Holder actually receives such notice.be

Notice to Holders; Waiver. Where this Indenture provides for notice of any event to Holders of Registered Securities by the Company or the Trusteeany event, such notice shall be sufficiently given (unless otherwise herein expressly provided) if in writing and mailed, first-first class postage prepaid, or by email, to each such Holder affected by such event, at his physical the address or email address of such Holder as such address it appears in the Security Securities Register, not later than the latest date, and not earlier than the earliest date, prescribed for the giving of such notice. In any case where notice to Holders of Registered Securities is given by mail, neither the failure to mail such notice, nor any defect in any notice so mailed, to any particular Holder shall affect the sufficiency of such notice with respect to other Holders of Registered Securities given as provided hereinHolders. Any Where this Indenture provides for notice mailed in any manner, such notice may be waived in writing by the Person entitled to a Holder in receive such notice, either before or after the manner herein prescribed event, and such waiver shall be conclusively deemed to have been received by such Holder, whether or not such Holder actually receives the equivalent of such notice.. Waivers of notice by Holders shall be filed with the Trustee, but

Notice to Holders; Waiver. Where this Indenture provides or the Notes provide for notice of any event to Holders of Registered Securities by the Company or the Trusteeany event, such notice shall be sufficiently given (unless otherwise herein expressly provided) if in writing and mailed, first-class postage prepaid, or by email, to each such Holder affected by such event, at his physical address or email such Holder's address as such address it appears in the Security Note Register, not later than the latest date, and not earlier than the earliest date, prescribed for the giving of such notice. In any case where notice to Holders of Registered Securities is given by mail, neither the failure to mail such notice, nor any defect in any notice so mailed, to any particular Holder shall affect the sufficiency of such notice with respect to other Holders of Registered Securities given as provided hereinHolders. Any notice when mailed to a Holder in the aforesaid manner herein prescribed shall be conclusively deemed to have been received by such Holder, Holder whether or not actually received by such Holder actually receives Holder. Where this Indenture or the Notes provide 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 to Holders; Waiver. Where this Indenture provides for notice of any event to Holders of Registered Securities by the Company or the Trusteeany event, such notice shall be sufficiently given (unless otherwise herein expressly provided) if in writing and mailed, first-class postage prepaid, or by email, to each Holder (including Persons who hold Securities through a Holder which is a Depositary if the name and address of such Holder beneficial holder has been provided in writing to the Person required to give such notice prior to the date such notice is given) affected by such event, at his physical address or email such Holder's address as such address it appears in the Security RegisterRegister or as provided in writing by the Depositary, not later than the latest date, and not earlier than the earliest date, prescribed for the giving of such notice. In any case where notice to Holders of Registered Securities is given by mail, neither the failure to mail such notice, nor any defect in any notice so mailed, to any particular Holder shall affect the sufficiency of such notice with respect to other Holders of Registered Securities given as provided herein. Any notice mailed to a Holder in the manner herein prescribed shall be conclusively deemed to have been received by such Holder, whether or not such Holder actually receives such notice.with

Notice to Holders; Waiver. Where this Indenture provides for notice of any event to Holders of Registered Securities by the Company or the Trusteeany event, such notice shall be sufficiently given (unless otherwise herein expressly provided) if in writing and mailed, first-class postage prepaid, or by email, to each Holder (including Persons who hold Securities through a Holder which is a Depositary if the name and address of such Holder beneficial holder has been provided in writing to the Person required to give such notice prior to the date such notice is given) affected by such event, at his physical address or email such Holder's address as such address it appears in the Security RegisterRegister or as provided in writing by the Depositary, not later than the latest date, and not earlier than the earliest date, prescribed for the giving of such notice. In any case where notice to Holders of Registered Securities is given by mail, neither the failure to mail such notice, nor any defect in any notice so mailed, to any particular Holder shall affect the sufficiency of such notice with respect to other Holders of Registered Securities given as provided hereinHolders. Any notice mailed to a the Holder in the manner herein prescribed shall be conclusively deemed to have been received by such Holder, whether or not such Holder actually receives such notice.the

Notice to Holders; Waiver. Where this Indenture provides for notice of any event to Holders of Registered Securities by the Company or the Trusteeany event, such notice shall be sufficiently given (unless otherwise herein expressly provided) if in writing and mailed, first-first class postage prepaid, or by email, to each such Holder affected by such event, at his physical the address or email address of such Holder as such address it appears in the Security Securities Register, not later than the latest date, and not earlier than the earliest date, prescribed for the giving of such notice. If, by reason of the suspension of or irregularities in regular mail service or for any other reason, it shall be impossible or impracticable to mail notice of any event to Holders when said notice is required to be given pursuant to any provision of this Indenture or of the relevant Securities, then any manner of giving such notice as shall be satisfactory to the Trustee shall be deemed to be a sufficient giving of such notice. In any case where notice to Holders of Registered Securities is given by mail, neither the failure to mail such notice, nor any defect in any notice so mailed, to any particular Holder shall affect the sufficiency of such notice with respect to other Holders of Registered Securities given as provided herein. Any notice mailed to a Holder in the manner herein prescribed shall be conclusively deemed to have been received by such Holder, whether or not such Holder actually receives such notice.mail

Notice to Holders; Waiver. Where this Indenture provides for notice of any event to Holders of Registered Securities by the Company or the Trustee, such notice shall be sufficiently given (unless otherwise herein expressly provided) if in writing and mailed, first-class postage prepaid, or by email, to each such Holder affected by such event, at his physical address or email address as such address it appears in the Security Register, not later than the latest date, and not earlier than the earliest date, prescribed for the giving of such notice. In any case where notice to Holders of Registered Securities is given by mail, neither the failure to mail such notice, nor any defect in any notice so mailed, to any particular Holder shall affect the sufficiency of such notice with respect to other Holders of Registered Securities given as provided hereinHolders. Any notice mailed to a Holder in the manner herein prescribed shall be conclusively deemed to have been received by such Holder, whether or not such Holder actually receives such notice.. Where this Indenture provides for notice in any manner, such notice may be waived in writing by the Person entitled to receive such notice, either before or