Notice to Holders; Waiver. Where this Indenture provides for notice to Holders of any event, such notice shall be sufficiently given (unless otherwise herein expressly provided) if in writing and mailed, first-class postage prepaid, or delivered by hand or overnight courier to each Holder affected by such event, at its address as it appears in the Security Register (or while any Securities are represented by one or more Global Securities, such notice shall be delivered to the Depositary for communication to entitled account Holders), not later than the latest date (if any), and not earlier than the earliest date (if any), prescribed for the giving of such notice. Neither the failure to mail or deliver by hand or overnight courier any notice, nor any defect in any notice so mailed or delivered by hand or overnight courier, to any particular Holder shall affect the sufficiency of such notice with respect to other Holders. 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. 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. In case by reason of the suspension of regular mail service or by reason of any other cause it shall be impracticable to give notice to Holders of Securities by mail, then such notification as shall be made with the approval of the Trustee shall constitute a sufficient notification for every purpose hereunder. In any case in which notice to Holders of Securities is given by mail, neither the failure to mail such notice, nor any defect in any notice so mailed, to any particular Holder of a Security, shall affect the sufficiency of such notice with respect to other Holders of Securities.
Appears in 10 contracts
Samples: Indenture (Axos Financial, Inc.), Indenture (Axos Financial, Inc.), Indenture (Fat Brands, Inc)
Notice to Holders; Waiver. Where When this Indenture provides for notice to Holders of any event, such notice shall be sufficiently given to Registered Holders (unless otherwise herein expressly provided) if in writing and mailed, first-class postage prepaid, or delivered by hand or overnight courier to each Holder affected by such event, at its address Registered Holders as it appears their names and addresses appear in the Security Register (Register, within the time prescribed; provided, however, that, in any case, any notice to Holders of Floating Rate Securities regarding the determination of a periodic rate of interest, if such notice is required pursuant to Section 3.01, shall be sufficiently given if given in the manner specified pursuant to Section 3.01. In the event of suspension of regular mail service or while by reason of any Securities are represented other cause it shall be impracticable to give notice by one or more Global Securitiesmail, such notice notification as shall be delivered to given with the Depositary approval of the Trustee shall constitute sufficient notice for communication to entitled account Holders), not later than the latest date (if any), and not earlier than the earliest date (if any), prescribed for the giving of such notice. Neither the failure to mail or deliver by hand or overnight courier any notice, nor any defect in any notice so mailed or delivered by hand or overnight courier, to any particular Holder shall affect the sufficiency of such notice with respect to other Holdersevery purpose hereunder. 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. 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 on such waiver. In any case by reason of the suspension of regular mail service or by reason of any other cause it shall be impracticable to give where notice to Holders of Securities by mail, then such notification as shall be made with the approval of the Trustee shall constitute a sufficient notification for every purpose hereunder. In any case in which notice to Holders of Securities is given by mail, neither the failure to mail such notice, notice nor any defect in any notice so mailed, mailed to any particular Holder of a Security, shall affect the sufficiency of such notice with respect to other Holders, and any notice which is mailed in the manner herein provided shall be conclusively presumed to have been duly given. In any case where notice to Holders is given by publication, any defect in any notice so published as to any particular Holder shall not affect the sufficiency of Securitiessuch notice with respect to other Holders, and any notice which is published in the manner herein provided shall be conclusively presumed to have been duly given.
Appears in 10 contracts
Samples: Indenture (Genesee & Wyoming Inc), Senior Indenture (Magnum Hunter Resources Inc), Subordinated Debt Indenture (Bedford Property Investors Inc/Md)
Notice to Holders; Waiver. Where this Indenture provides for notice or communication of any event to Holders of any eventby the Issuer or the Trustee, such notice shall be sufficiently given (unless otherwise herein expressly provided) if either (i) in writing and mailed, first-class postage prepaid, or delivered by hand or overnight courier to each Holder affected by such event, at its the address of such Holder as it appears in the Security Register or (or while any ii) in the case of Securities are represented by one or more Global Securitiesheld through the Depository, such notice shall be delivered to Depository participants via the Depositary for communication to entitled account Holders)Depository’s electronic messaging system, not later than the latest date (if any)date, and not earlier than the earliest date (if any)date, prescribed for the giving of such notice. Neither In any case where notice to Holders is given by mail or electronic delivery, neither the failure to electronically deliver or mail or deliver by hand or overnight courier any such notice, nor any defect in any notice so mailed or delivered by hand or overnight courierelectronically delivered, to any particular Holder shall affect the sufficiency of such notice with respect to other Holders. Notices shall be effective only upon receipt. Where this Indenture provides for notice in any manner, such notice may be waived in writing by the Person 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 Trustee, but such filing shall not be a condition precedent to the validity of any action taken in reliance upon such waiver. In case by reason of the suspension of or irregularities in regular mail service or by reason of any other cause cause, it shall be impracticable to give mail notice of any event to Holders when such notice is required to be given pursuant to any provision of Securities by mailthis Indenture, then any manner of giving such notification notice as shall be made with the approval of satisfactory to the Trustee shall constitute be deemed to be a sufficient notification giving of such notice for every purpose hereunder. In any case in which notice to Holders of Securities is given by mail, neither the failure to mail such notice, nor any defect in any notice so mailed, to any particular Holder of a Security, shall affect the sufficiency of such notice with respect to other Holders of Securities.
Appears in 9 contracts
Samples: Indenture (Qwest Corp), Indenture (Qwest Corp), Third Supplemental Indenture (Qwest Corp)
Notice to Holders; Waiver. Where When this Indenture provides for notice to Holders of any event, such notice shall be sufficiently given to Holders (unless otherwise herein expressly provided) if in writing and mailed, first-class postage prepaid, or delivered transmitted by hand or overnight courier e-mail to each Holder affected by such event, at its address Holders as it appears their names and addresses appear in the Security Register (Register, within the time prescribed. In the event of suspension of regular mail service or while by reason of any other cause it shall be impracticable to give notice to Holders of Debt Securities are represented by one mail or more Global Securitiese-mail, such notice notification as shall be delivered to given with the Depositary approval of the Trustee shall constitute sufficient notice for communication to entitled account Holders), not later than the latest date (if any), and not earlier than the earliest date (if any), prescribed for the giving of such notice. Neither the failure to mail or deliver by hand or overnight courier any notice, nor any defect in any notice so mailed or delivered by hand or overnight courier, to any particular Holder shall affect the sufficiency of such notice with respect to other Holdersevery purpose hereunder. 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. 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 on such waiver. In any case by reason of the suspension of regular mail service or by reason of any other cause it shall be impracticable to give where notice to Holders of Securities by mail, then such notification as shall be made with the approval of the Trustee shall constitute a sufficient notification for every purpose hereunder. In any case in which notice to Holders of Securities is given by mail or e-mail, neither the failure to mail or e-mail such notice, notice nor any defect in any notice so mailed, mailed or e-mailed to any particular Holder of a Security, shall affect the sufficiency of such notice with respect to other Holders, and any notice which is mailed or e-mailed in the manner herein provided shall be conclusively presumed to have been duly given. In any case where notice to Holders is given by publication, any defect in any notice so published as to any particular Holder shall not affect the sufficiency of Securitiessuch notice with respect to other Holders, and any notice which is published in the manner herein provided shall be conclusively presumed to have been duly given.
Appears in 5 contracts
Samples: Indenture (Nicolet Bankshares Inc), Indenture (Heritage Financial Group Inc), Indenture (Reinsurance Group of America Inc)
Notice to Holders; Waiver. Where this Indenture provides for notice to Holders of any event, (i) if any of the Securities affected by such event are Registered Securities, such notice to the Holders thereof shall be sufficiently given (unless otherwise herein expressly providedprovided or otherwise agreed to by a Holder) if in writing and mailed, first-class postage prepaid, or delivered by hand or overnight courier to each such Holder affected by such event, at its his address as it appears in the Security Register (or while any Securities are represented by one or more Global SecuritiesRegister, such notice shall be delivered to within the Depositary for communication to entitled account Holders), not later than the latest date (if any), and not earlier than the earliest date (if any), time prescribed for the giving of such noticenotice and (ii) if any of the Securities affected by such event are Bearer Securities, notice to the Holders thereof shall be sufficiently given (unless otherwise herein or in the terms of such Bearer Securities expressly provided) if published once in an Authorized Newspaper in New York, New York, and in such other city or cities, if any, as may be specified as contemplated by Section 3.1(5). Neither In any case where notice to Holders is given by mail, neither the failure to mail or deliver by hand or overnight courier any such notice, nor any defect in any notice so mailed or delivered by hand or overnight couriermailed, to any particular Holder shall affect the sufficiency of such notice with respect to other HoldersHolders of Registered Securities or the sufficiency of any notice to Holders of Bearer Securities given as provided herein. In any case where notice is given to Holders by publication, neither the failure to publish such notice, nor any defect in any notice so published, shall affect the sufficiency of such notice with respect to other Holders of Bearer Securities or the sufficiency of any notice to 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. If by reason of the suspension of regular mail service or by reason of any other cause it shall be impracticable to give such notice as provided above, then such notification as shall be made with the approval of the Trustee shall constitute a sufficient notification for every purpose hereunder. If it is impossible or, in the opinion of the Trustee, impracticable to give any notice by publication in the manner herein required, then such publication in lieu thereof as shall be made with the approval of the Trustee shall constitute a sufficient publication of such notice. Any request, demand, authorization, direction, notice, consent or waiver required or permitted under this Indenture shall be in the English language, except that any published notice may be in an official language of the country of publication. 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. 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. In case by reason of the suspension of regular mail service or by reason of any other cause it shall be impracticable to give notice to Holders of Securities by mail, then such notification as shall be made with the approval of the Trustee shall constitute a sufficient notification for every purpose hereunder. In any case in which notice to Holders of Securities is given by mail, neither the failure to mail such notice, nor any defect in any notice so mailed, to any particular Holder of a Security, shall affect the sufficiency of such notice with respect to other Holders of Securities.
Appears in 5 contracts
Samples: Indenture (Ual Corp /De/), Indenture (Ual Corp Capital Trust I), Indenture (Northwest Airlines Inc /Mn)
Notice to Holders; Waiver. Where this Indenture provides for notice to Holders of any event, (i) if any of the Securities affected by such event are Registered Securities, such notice to the Holders thereof shall be sufficiently given (unless otherwise herein expressly provided) if in writing and mailed, first-class postage prepaid, or delivered by hand or overnight courier to each Holder affected by at such event, at its Holder's address as it appears in the Security Register (or while any Securities are represented by one or more Global SecuritiesRegister, such notice shall be delivered to within the Depositary for communication to entitled account Holders), not later than the latest date (if any), and not earlier than the earliest date (if any), time prescribed for the giving of such notice and (ii) if any of the Securities affected by such event are Bearer Securities, notice to the Holders thereof shall be sufficiently given (unless otherwise herein or in the terms of such Bearer Securities expressly provided) if published once in an Authorized Newspaper in the Borough of Manhattan, the City of New York, New York, and in such other city or cities, if any, as may be specified in such Securities and, if the Securities of such series are listed on any stock exchange outside the United States, in any place at which such Securities are listed on a securities exchange to the extent that such securities exchange so requires, and mailed to such Persons whose names and addresses were previously filed with the Trustee, within the time prescribed for giving such notice. Neither In any case where notice to Holders is given by mail, neither the failure to mail or deliver by hand or overnight courier any such notice, nor any defect in any notice so mailed or delivered by hand or overnight couriermailed, to any particular Holder shall affect the sufficiency of such notice with respect to other Holders. If it is impossible, or in the opinion of the Trustee, impracticable to give any notice by publication in the manner herein required, then such publication in lieu thereof as shall be made with the approval of the Trustee shall constitute a sufficient publication of such notice. 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 as provided above, then such notification as shall be made with the approval of the Trustee shall constitute a sufficient notification for every purpose hereunder. 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. 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. In case by reason of the suspension of regular mail service or by reason of any other cause it shall be impracticable to give notice to Holders of Securities by mail, then such notification as shall be made with the approval of the Trustee shall constitute a sufficient notification for every purpose hereunder. In any case in which notice to Holders of Securities is given by mail, neither the failure to mail such notice, nor any defect in any notice so mailed, to any particular Holder of a Security, shall affect the sufficiency of such notice with respect to other Holders of Securities.
Appears in 4 contracts
Samples: Senior Debt Indenture (Hasbro Inc), Senior Debt Indenture (Hasbro Inc), Senior Debt Indenture (Hasbro Inc)
Notice to Holders; Waiver. Where this Indenture provides for notice to Holders of any event, (i) if any of the Securities affected by such event are Registered Securities, such notice to the Holders thereof shall be sufficiently given (unless otherwise herein or in the terms of such Securities expressly provided) if in writing and mailed, first-class postage prepaid, or delivered by hand or overnight courier to each such Holder affected by such event, at its his address as it appears in the Security Register (or while any Securities are represented by one or more Global SecuritiesRegister, such notice shall be delivered to within the Depositary for communication to entitled account Holders), not later than the latest date (if any), and not earlier than the earliest date (if any), time prescribed for the giving of such noticenotice and, (ii) if any of the Securities affected by such event are Bearer Securities, notice to the Holders thereof shall be sufficiently given (unless otherwise herein or in the terms of such Bearer Securities expressly provided) if published once in an Authorized Newspaper in New York, New York, and in such other city or cities, if any, as may be specified as contemplated by Section 3.
1. Neither In any case where notice to Holders is given by mail, neither the failure to mail or deliver by hand or overnight courier any such notice, nor any defect in any notice so mailed or delivered by hand or overnight couriermailed, to any particular Holder shall affect the sufficiency of such notice with respect to other HoldersHolders of Registered Securities or the sufficiency of any notice to Holders of Bearer Securities given as provided herein. In any case where notice is given to Holders by publication, neither the failure to publish such notice, nor any defect in any notice so published, shall affect the sufficiency of such notice with respect to other Holders of Bearer Securities or the sufficiency of any notice to 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. If by reason of the suspension of regular mail service or by reason of any other cause it shall be impracticable to give such notice as provided above, then such notification as shall be made with the approval of the Trustee (such approval not to be unreasonably withheld) shall constitute a sufficient notification for every purpose hereunder. If it is impossible or, in the opinion of the Trustee, impracticable to give any notice by publication in the manner herein required, then such publication in lieu thereof as shall be made with the approval of the Trustee shall constitute a sufficient publication of such notice. Any request, demand, authorization, direction, notice, consent or waiver required or permitted under this Indenture shall be in the English language, except that any published notice may be in an official language of the country of publication. 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. 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. In case by reason of the suspension of regular mail service or by reason of any other cause it shall be impracticable to give notice to Holders of Securities by mail, then such notification as shall be made with the approval of the Trustee shall constitute a sufficient notification for every purpose hereunder. In any case in which notice to Holders of Securities is given by mail, neither the failure to mail such notice, nor any defect in any notice so mailed, to any particular Holder of a Security, shall affect the sufficiency of such notice with respect to other Holders of Securities.
Appears in 4 contracts
Samples: Indenture (Advanced Energy Industries Inc), Indenture (America Online Inc), Indenture (America Online Inc)
Notice to Holders; Waiver. Where this Indenture provides for notice of any event to Holders of any eventby 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, by email or delivered by hand or overnight courier such other applicable customary procedures of the Depository, to each Holder affected by such event, at its such Holder’s address as it appears in the Security Register (or while any Securities are represented by one or more Global Securities, such notice shall be delivered to the Depositary for communication to entitled account Holders)Note Register, not later than the latest date (if any)date, and not earlier than the earliest date (if any)date, prescribed for the giving of such notice. Neither In any case where notice to Holders is given by mail, neither the failure to mail or deliver by hand or overnight courier any such notice, nor any defect in any notice so mailed or delivered by hand or overnight couriermailed, to any particular Holder shall affect the sufficiency of such notice with respect to other Holders. 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. 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. In case by reason of the suspension of or irregularities in regular mail service or by reason of any other cause cause, it shall be impracticable to give mail notice of any event to Holders when such notice is required to be given pursuant to any provision of Securities by mailthis Indenture, then any manner of giving such notification notice as shall be made with the approval of satisfactory to the Trustee shall constitute be deemed to be a sufficient notification giving of such notice for every purpose hereunder. In any case in which notice to Holders of Securities is given by mail, neither the failure to mail such notice, nor any defect in any notice so mailed, to any particular Holder of a Security, shall affect the sufficiency of such notice with respect to other Holders of Securities.
Appears in 4 contracts
Samples: Indenture (Wheeler Real Estate Investment Trust, Inc.), Indenture (Wheeler Real Estate Investment Trust, Inc.), Indenture (Wheeler Real Estate Investment Trust, Inc.)
Notice to Holders; Waiver. (a) Where this Indenture provides for notice of any event to Holders of any eventby the Company or the Trustee, such notice shall be sufficiently given (unless otherwise herein expressly provided) if in writing (in the English language) and mailed, first-class postage prepaid, or delivered by hand or overnight courier to each Holder affected by such event, at its his address as it appears in the Security Register (or while any Securities are represented by one or more Global Securities, such notice shall be delivered to the Depositary for communication to entitled account Holders)Note Register, not later than the latest date (if any)date, and not earlier than the earliest date (if any)date, prescribed for the giving of such notice. Neither In any case where notice to Holders is given by mail, neither the failure to mail or deliver by hand or overnight courier any such notice, nor any defect in any notice so mailed or delivered by hand or overnight couriermailed, to any particular Holder shall affect the sufficiency of such notice with respect to other Holders. 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. 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. .
(b) In case by reason of the suspension of or irregularities in regular mail service or by reason of any other cause cause, it shall be impracticable to give mail notice of any event to Holders when such notice is required to be given pursuant to any provision of Securities by mailthis Indenture, then any manner of giving such notification notice as shall be made with the approval of satisfactory to the Trustee shall constitute be deemed to be a sufficient notification giving of such notice for every purpose hereunder. In .
(c) The Trustee may rely upon and comply with instructions or directions sent via unsecured facsimile or email transmission and the Trustee shall not be liable for any case in which notice loss, liability or expense of any kind incurred by the Company or the Holders due to Holders of Securities is the Trustee’s reliance upon and compliance with instructions or directions given by mailunsecured facsimile or email transmission; provided that such losses have not arisen from the negligence or willful misconduct of the Trustee, neither it being understood that the failure of the Trustee to mail such noticeverify or confirm that the person providing the instructions or directions, nor any defect is, in any notice so mailedfact, to any particular Holder of a Security, shall affect the sufficiency of such notice with respect to other Holders of Securitiesan authorized person does not constitute negligence or willful misconduct.
Appears in 4 contracts
Samples: Indenture (Comstock Oil & Gas, LP), Indenture (Comstock Oil & Gas, LP), Indenture (Comstock Oil & Gas, LP)
Notice to Holders; Waiver. Where this Indenture provides for notice to Holders of any event, (i) if any of the Securities affected by such event are Registered Securities, such notice to the Holders thereof shall be sufficiently given (unless otherwise herein or in the terms of such Registered Security expressly provided) if in writing and sent by overnight delivery service or mailed, first-class postage prepaid, or delivered by hand or overnight courier to each such Holder affected by such event, at its his address as it appears in the Security Register (or while any Securities are represented by one or more Global SecuritiesRegister, such notice shall be delivered to within the Depositary for communication to entitled account Holders), not later than the latest date (if any), and not earlier than the earliest date (if any), time prescribed for the giving of such notice, and (ii) if any of the Securities affected by such event are Bearer Securities, notice to the Holders thereof shall be sufficiently given (unless otherwise herein or in the terms of such Bearer Securities expressly provided) if published once in an Authorized Newspaper in New York, New York, and in such other city or cities, if any, as may be specified as contemplated by Section 3.
1. Neither In any case where notice to Holders is given by mail, neither the failure to mail or deliver by hand or overnight courier any such notice, nor any defect in any notice so mailed or delivered by hand or overnight couriermailed, to any particular Holder shall affect the sufficiency of such notice with respect to other HoldersHolders of Registered Securities or the sufficiency of any notice to Holders of Bearer Securities given as provided herein. In any case where notice is given to Holders by publication, neither the failure to publish such notice, nor any defect in any notice so published, shall affect the sufficiency of such notice with respect to other Holders of Bearer Securities or the sufficiency of any notice to 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. For the avoidance of doubt, notice to any Holder(s) of any Security that is issued in global form and registered in the name of a Depositary or a nominee thereof shall be sufficient in all respects if given in compliance with the rules, policies, procedures, practices or instructions of such Depositary. If by reason of the suspension of regular mail service or by reason of any other cause it shall be impracticable to give such notice as provided above, then such notification as shall be made with the approval of the Trustee shall constitute a sufficient notification for every purpose hereunder. If it is impossible or, in the opinion of the Trustee, impracticable to give any notice by publication in the manner herein required, then such publication in lieu thereof as shall be made with the approval of the Trustee shall constitute a sufficient publication of such notice. Any request, demand, authorization, direction, notice, consent or waiver required or permitted under this Indenture shall be in the English language, except that any published notice may be in an official language of the country of publication. 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. 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. In case by reason of the suspension of regular mail service or by reason of any other cause it shall be impracticable to give notice to Holders of Securities by mail, then such notification as shall be made with the approval of the Trustee shall constitute a sufficient notification for every purpose hereunder. In any case in which notice to Holders of Securities is given by mail, neither the failure to mail such notice, nor any defect in any notice so mailed, to any particular Holder of a Security, shall affect the sufficiency of such notice with respect to other Holders of Securities.
Appears in 4 contracts
Samples: Subordinated Indenture (Cadiz Inc), Indenture (Fidelity National Information Services, Inc.), Subordinated Indenture (Capital Markets Co)
Notice to Holders; Waiver. Where this Indenture provides for notice to Holders of any event, such notice shall be sufficiently given (unless otherwise herein expressly providedprovided or otherwise agreed to by a Holder) if in writing and mailed, first-class postage prepaid, or delivered by hand or overnight courier to each Holder affected by such event, at its his address as it appears in the Security Register (or while any Securities are represented by one or more Global SecuritiesRegister, such notice shall be delivered to within the Depositary for communication to entitled account Holders), not later than the latest date (if any), and not earlier than the earliest date (if any), time prescribed for the giving of such notice. Neither In any case where notice to Holders is given by mail, neither the failure to mail or deliver by hand or overnight courier any such notice, nor any defect in any notice so mailed or delivered by hand or overnight couriermailed, to any particular Holder shall affect the sufficiency of such notice with respect to other Holders. 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. If by reason of the suspension of regular mail service or by reason of any other cause it shall be impracticable to give such notice as provided above, then such notification as shall be made with the approval of the Trustee shall constitute a sufficient notification for every purpose hereunder. If it shall be impractical in the opinion of the Trustee or the Company to make any publication of any notice required hereby in an Authorized Newspaper, any publication or other notice in lieu thereof which is made or given with the approval of the Trustee shall constitute a sufficient publication of 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. 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. In case by reason of the suspension of regular mail service or by reason of any other cause it shall be impracticable to give notice to Holders of Securities by mail, then such notification as shall be made with the approval of the Trustee shall constitute a sufficient notification for every purpose hereunder. In any case in which notice to Holders of Securities is given by mail, neither the failure to mail such notice, nor any defect in any notice so mailed, to any particular Holder of a Security, shall affect the sufficiency of such notice with respect to other Holders of Securities.
Appears in 3 contracts
Samples: Indenture (Esterline Technologies Corp), Indenture (At&t Wireless Services Inc), Indenture (At&t Wireless Services Inc)
Notice to Holders; Waiver. Where this Indenture provides for notice or communication of any event to Holders of any eventby the Issuer or the Trustee, such notice shall be sufficiently given (unless otherwise herein expressly provided) if either (i) in writing and mailed, first-class postage prepaid, or delivered by hand or overnight courier to each Holder affected by such event, at its the address of such Holder as it appears in the Security Note Register or (or while any Securities are represented by one or more Global Securitiesii) in the case of Notes held through the Depository, such notice shall be delivered to Depository participants via the Depositary for communication to entitled account Holders)Depository’s electronic messaging system, not later than the latest date (if any)date, and not earlier than the earliest date (if any)date, prescribed for the giving of such notice. Neither In any case where notice to Holders is given by mail or electronic delivery, neither the failure to electronically deliver or mail or deliver by hand or overnight courier any such notice, nor any defect in any notice so mailed or delivered by hand or overnight courierelectronically delivered, to any particular Holder shall affect the sufficiency of such notice with respect to other Holders. Notices shall be effective only upon receipt. Where this Indenture provides for notice in any manner, such notice may be waived in writing by the Person 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 Trustee, but such filing shall not be a condition precedent to the validity of any action taken in reliance upon such waiver. In case by reason of the suspension of or irregularities in regular mail service or by reason of any other cause cause, it shall be impracticable to give mail notice of any event to Holders when such notice is required to be given pursuant to any provision of Securities by mailthis Indenture, then any manner of giving such notification notice as shall be made with the approval of satisfactory to the Trustee shall constitute be deemed to be a sufficient notification giving of such notice for every purpose hereunder. In any case in which notice to Holders of Securities is given by mail, neither the failure to mail such notice, nor any defect in any notice so mailed, to any particular Holder of a Security, shall affect the sufficiency of such notice with respect to other Holders of Securities.
Appears in 3 contracts
Samples: Indenture (Qwest Corp), Indenture (Qwest Corp), Indenture (Qwest Corp)
Notice to Holders; Waiver. Where this Indenture provides for notice to Holders of any event, (i) if any of the Securities affected by such event are Registered Securities, such notice to the Holders thereof shall be sufficiently given (unless otherwise herein expressly provided) if in writing and mailed, first-class postage prepaid, or delivered by hand or overnight courier to each such Holder affected by such event, at its his or her address as it appears in the Security Register (or while any Securities are represented by one or more Global SecuritiesRegister, such notice shall be delivered to within the Depositary for communication to entitled account Holders), not later than the latest date (if any), and not earlier than the earliest date (if any), time prescribed for the giving of such notice, and (ii) if any of the Securities affected by such event are Bearer Securities, notice to the Holders thereof shall be sufficiently given (unless otherwise herein or in the terms of such Bearer Securities expressly provided) if published twice in an Authorized Newspaper in New York, New York, and in such other city or cities, if any, as may be specified as contemplated by Section 3.1. Neither Such notices shall be deemed to have been given on the date of such mailing or publication. In any case where notice to Holders is given by mail or by publication, neither the failure to mail or deliver by hand or overnight courier any publish such notice, nor any defect in any notice so mailed or delivered by hand or overnight courierpublished, to any particular Holder shall affect the sufficiency of such notice with respect to other HoldersHolders of Registered Securities or of Bearer Securities. 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. If by reason of the suspension of regular mail service or by reason of any other cause it shall be impracticable to give such notice as provided above, then such notification as shall be made with the approval of the Trustee shall constitute a sufficient notification for every purpose hereunder. If it is impossible or, in the opinion of the Trustee, impracticable to give any notice by publication in the manner herein required, then such publication in lieu thereof as shall be made with the approval of the Trustee shall constitute a sufficient publication of such notice. Any request, demand, authorization, direction, notice, consent or waiver required or permitted under this Indenture shall be in the English language, except that any published notice may be in an official language of the country of publication. 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. 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. In case by reason of the suspension of regular mail service or by reason of any other cause it shall be impracticable to give notice to Holders of Securities by mail, then such notification as shall be made with the approval of the Trustee shall constitute a sufficient notification for every purpose hereunder. In any case in which notice to Holders of Securities is given by mail, neither the failure to mail such notice, nor any defect in any notice so mailed, to any particular Holder of a Security, shall affect the sufficiency of such notice with respect to other Holders of Securities.
Appears in 3 contracts
Samples: Senior Indenture (Allied Waste Industries Inc), Senior Indenture (Allied Waste Industries Inc), Senior Indenture (Allied Waste Industries Inc)
Notice to Holders; Waiver. Where When this Indenture provides for notice to Holders of any event, such notice shall be sufficiently given to Registered Holders (unless otherwise herein expressly provided) if in writing and mailed, first-class postage prepaid, or delivered by hand or overnight courier to each Holder affected by such event, at its address Registered Holders as it appears their names and addresses appear in the Security Register (Register, within the time prescribed; provided, however, that, in any case, any notice to Holders of Floating Rate Securities regarding the determination of a periodic rate of interest, if such notice is required pursuant to Section 3.01, shall be sufficiently given if given in the manner specified pursuant to Section 3.01. In the event of suspension of regular mail service or while by reason of any Securities are represented other cause it shall be impracticable to give notice by one or more Global Securitiesmail, such notice notification as shall be delivered to given with the Depositary approval of the Trustee shall constitute sufficient notice for communication to entitled account Holders), not later than the latest date (if any), and not earlier than the earliest date (if any), prescribed for the giving of such notice. Neither the failure to mail or deliver by hand or overnight courier any notice, nor any defect in any notice so mailed or delivered by hand or overnight courier, to any particular Holder shall affect the sufficiency of such notice with respect to other Holdersevery purpose hereunder. 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. 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 on such waiver. In any case by reason of the suspension of regular mail service or by reason of any other cause it shall be impracticable to give where notice to Holders of Securities by mail, then such notification as shall be made with the approval of the Trustee shall constitute a sufficient notification for every purpose hereunder. In any case in which notice to Holders of Securities is given by mail, neither the failure to mail such notice, notice nor any defect in any notice so mailed, mailed to any particular Holder of a Security, shall affect the sufficiency of such notice with respect to other Holders, and any notice which is mailed in the manner herein provided shall be conclusively presumed to have been duly given. In any case where notice to Holders is given by publication, any defect in any notice so published as to any particular Holder shall not affect the sufficiency of Securitiessuch notice with respect to other Holders, and any notice which is published in the manner herein provided shall be conclusively presumed to have been duly given.
Appears in 3 contracts
Samples: Senior Debt Indenture (Calgon Carbon Corporation), Senior Debt Indenture (MOB Corp), Indenture (Scotts Miracle-Gro Co)
Notice to Holders; Waiver. Where When this Indenture provides for notice to Holders holders of any event, such notice shall be sufficiently given to holders (unless otherwise herein expressly provided) if in writing and mailed, first-class postage prepaid, or delivered by hand or overnight courier to each Holder affected by such event, at its address holders as it appears their names and addresses appear in the Security Register (Register, within the time prescribed; provided, however, that, in any case, any notice to holders of Floating Rate Securities regarding the determination of a periodic rate of interest, if such notice is required pursuant to Section 3.1, shall be sufficiently given if given in the manner specified pursuant to Section 3.1. In the event of suspension of regular mail service or while by reason of any Securities are represented other cause it shall be impracticable to give notice by one or more Global Securitiesmail, such notice notification as shall be delivered given with the approval of the Trustee shall constitute sufficient notice for every purpose hereunder. In the event of suspension of publication of any Authorized Newspapers or by reason of any other cause it shall be impracticable to give notice by publication, such notification as shall be given with the Depositary approval of the Trustee shall constitute sufficient notice for communication to entitled account Holders), not later than the latest date (if any), and not earlier than the earliest date (if any), prescribed for the giving of such notice. Neither the failure to mail or deliver by hand or overnight courier any notice, nor any defect in any notice so mailed or delivered by hand or overnight courier, to any particular Holder shall affect the sufficiency of such notice with respect to other Holdersevery purpose hereunder. 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. Waivers of notice by Holders 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 on such waiver. In any case by reason of the suspension of regular mail service or by reason of any other cause it shall be impracticable to give where notice to Holders of Securities by mail, then such notification as shall be made with the approval of the Trustee shall constitute a sufficient notification for every purpose hereunder. In any case in which notice to Holders of Securities holders is given by mail, neither the failure to mail such notice, notice nor any defect in any notice so mailed, mailed to any particular Holder of a Security, holder shall affect the sufficiency of such notice with respect to other Holders holders, and any notice which is mailed in the manner herein provided shall be conclusively presumed to have been duly given. In any case where notice to holders is given by publication, any defect in any notice so published as to any particular holder shall not affect the sufficiency of Securitiessuch notice with respect to other holders, and any notice which is published in the manner herein provided shall be conclusively presumed to have been duly given.
Appears in 3 contracts
Samples: Indenture (Pinnacle Entertainment Inc), Indenture (Pinnacle Entertainment Inc), Indenture (Metro-Goldwyn-Mayer Inc)
Notice to Holders; Waiver. Where this Indenture provides for notice of any event to Holders of any eventby 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 delivered by hand or overnight courier to each Holder affected by such event, at its his address as it appears in the Security Register (or while any Securities are represented by one or more Global SecuritiesNote Register, such notice shall be delivered to within the Depositary for communication to entitled account Holders), not later than the latest date (if any), and not earlier than the earliest date (if any), time prescribed for the giving of such notice. Neither In any case where notice to Holders is given by mail, neither the failure to mail or deliver by hand or overnight courier any such notice, nor any defect in any notice so mailed or delivered by hand or overnight couriermailed, to any particular Holder shall affect the sufficiency of such notice with respect to other Holders. Notices given by publication shall be deemed given on the first date on which publication is made and notices given by first-class mail, postage prepaid, shall be deemed given five calendar days after mailing. In case by reason of the suspension of or irregularities in regular mail service or by reason of any other cause, it shall be impracticable to mail notice of any event to Holders when such notice is required to be given pursuant to any provision of this Indenture, 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 for every purpose hereunder. 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. 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. In case Notwithstanding any other provision of this Indenture or any Note, where this Indenture or any Note provides for notice of any event (including any notice of redemption) to any Holder of an interest in a Global Note (whether by reason mail or otherwise), such notice shall be sufficiently given if given to the Depository or any other applicable depositary for such Global Note (or its designee) according to the applicable procedures of the suspension of regular mail service Depository or by reason of any other cause it shall be impracticable to give notice to Holders of Securities by mail, then such notification as shall be made with the approval of the Trustee shall constitute a sufficient notification for every purpose hereunder. In any case in which notice to Holders of Securities is given by mail, neither the failure to mail such notice, nor any defect in any notice so mailed, to any particular Holder of a Security, shall affect the sufficiency of such notice with respect to other Holders of Securitiesdepositary.
Appears in 3 contracts
Samples: Indenture (Kaiser Aluminum Corp), Indenture (Kaiser Aluminum Corp), Indenture (Kaiser Aluminum Corp)
Notice to Holders; Waiver. Where this Indenture provides for notice to Holders of any eventevent to Holders, such notice shall be sufficiently given (unless otherwise herein expressly provided) if in writing and mailed, first-class postage prepaid, or delivered by hand or overnight courier to each Holder affected by such event, at its his address as it appears in the Security Register (or while any Securities are represented by one or more Global Securities, such notice shall be delivered to the Depositary for communication to entitled account Holders)Register, not later than the latest date (if any)date, and not earlier than the earliest date (if any)date, prescribed for the giving of such notice. Neither In any case where notice to Holders is given by mail, neither the failure to mail or deliver by hand or overnight courier any such notice, nor any defect in any notice so mailed or delivered by hand or overnight couriermailed, to any particular Holder shall affect the sufficiency of such notice with respect to other Holders. 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. 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. In case by reason of the suspension of or irregularities in regular mail service or by reason of any other cause cause, it shall be impracticable to give mail notice of any event to Holders when such notice is required to be given pursuant to any provision of Securities by mailthis Indenture, then any manner of giving such notification notice as shall be made with the approval of satisfactory to the Trustee shall constitute be deemed to be a sufficient notification giving of such notice for every purpose hereunder. In any case in which notice Any notices hereunder that are required to Holders be given to the Casino Control Commission shall be addressed to: Document Control Unit, Casino Control Commission, Tennessee Avenue and the Xxxxxxxxx, Xxxxxx Xxxxxxxx, Xxxxxxxx Xxxx, Xxx Xxxxxx 00000, Attention: Chief of Securities is Administrative Operations. Any notices hereunder that are required to be given by mailto the Division of Gaming Enforcement shall be addressed to: Division of Gaming Enforcement, neither 000 Xxxx Xxxxx Xxxxxx, XX-000, Xxxxxxx, Xxx Xxxxxx 00000, Attention: Deputy Director for the failure to mail such notice, nor any defect in any notice so mailed, to any particular Holder Division of a Security, shall affect the sufficiency of such notice with respect to other Holders of SecuritiesGaming Enforcement.
Appears in 3 contracts
Samples: Indenture (Atlantic Coast Entertainment Holdings Inc), Indenture (Gb Property Funding Corp), Indenture (Atlantic Coast Entertainment Holdings Inc)
Notice to Holders; Waiver. Where this Indenture provides for notice of any event to Holders of any eventRegistered Securities by the Company or the Trustee, such notice shall be sufficiently given (unless otherwise herein expressly provided) if in writing and sent by facsimile transmission or mailed, first-class postage prepaid, or delivered by hand or overnight courier to each such Holder affected by such event, at its his address as it appears in the Security Register (or while any Securities are represented by one or more Global Securities, such notice shall be delivered to the Depositary for communication to entitled account Holders)Register, not later than the latest date (if any)date, and not earlier than the earliest date (if any)date, prescribed for the giving of such notice. Neither In any case where notice to Holders of Registered Securities is given by mail, neither the failure to mail or deliver by hand or overnight courier any such notice, nor any defect in any notice so mailed or delivered by hand or overnight couriermailed, to any particular Holder shall affect the sufficiency of such notice with respect to other HoldersHolders of Registered Securities or the sufficiency of any notice to Holders of Bearer Securities given as provided herein. Any notice when deposited for mailing to a Holder in the aforesaid manner shall be presumed to have been received by such Holder, whether or not actually received by such Holder. Where this Indenture provides for notice in any manner, such notice may be waived in waiting 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 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. If 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 to Holders of Registered Securities as shall be made with the approval of the Trustee shall constitute a sufficient notification to such Holders for every purpose hereunder. Except as otherwise expressly provided herein or otherwise specified with respect to any Securities pursuant to Section 3.01, where this Indenture provides for notice to Holders of Bearer Securities of any event, such notice shall be sufficiently given if published in an Authorized Newspaper in The City of New York and in such other city or cities as may be specified in such Securities on a Business Day in New York, such publication to be not later than the latest date, and not earlier than the earliest date, prescribed for the giving of such notice. Any such notice shall be deemed to have been given on the date of such publication or, if published more than once, on the date of the first such publication. If by reason of the suspension of publication of any Authorized Newspaper or Authorized Newspapers or by reason of any other cause it shall be impracticable to publish any notice to Holders of Bearer Securities as provided above, then such notification to Holders of Bearer Securities as shall be given with the approval of the Trustee shall constitute sufficient notice to such Holders for every purpose hereunder. Neither the failure to give notice by publication to Holders of Bearer Securities as provided above, nor any defect in any notice so published, shall affect the sufficiency of such notice with respect to other Holders of Bearer Securities or the sufficiency of any notice to Holders of Registered Securities given as provided herein. Any request, demand, authorization, direction, notice, consent or waiver required or permitted under this Indenture shall be in the English language, except that any published notice may be in an official language of the country of publication. 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. 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. In case by reason of the suspension of regular mail service or by reason of any other cause it shall be impracticable to give notice to Holders of Securities by mail, then such notification as shall be made with the approval of the Trustee shall constitute a sufficient notification for every purpose hereunder. In any case in which notice to Holders of Securities is given by mail, neither the failure to mail such notice, nor any defect in any notice so mailed, to any particular Holder of a Security, shall affect the sufficiency of such notice with respect to other Holders of Securities.
Appears in 3 contracts
Samples: Indenture (Sea Containers LTD /Ny/), Indenture (Sea Containers LTD /Ny/), Indenture (Sea Containers LTD /Ny/)
Notice to Holders; Waiver. Where this Indenture provides for notice to Holders of any event, (i) if any of the Securities affected by such event are Registered Securities, such notice to the Holders thereof shall be sufficiently given (unless otherwise herein or in the terms of such Registered Security expressly provided) if in writing and sent by overnight delivery service or mailed, first-class postage prepaid, or delivered by hand or overnight courier to each such Holder affected by such event, at its his address as it appears in the Security Register (or while any Securities are represented by one or more Global SecuritiesRegister, such notice shall be delivered to within the Depositary for communication to entitled account Holders), not later than the latest date (if any), and not earlier than the earliest date (if any), time prescribed for the giving of such notice, and (ii) if any of the Securities affected by such event are Bearer Securities, notice to the Holders thereof shall be sufficiently given (unless otherwise herein or in the terms of such Bearer Securities expressly provided) if published once in an Authorized Newspaper in New York, New York, and in such other city or cities, if any, as may be specified as contemplated by Section 3.
1. Neither In any case where notice to Holders is given by mail, neither the failure to mail or deliver by hand or overnight courier any such notice, nor any defect in any notice so mailed or delivered by hand or overnight couriermailed, to any particular Holder shall affect the sufficiency of such notice with respect to other HoldersHolders of Registered Securities or the sufficiency of any notice to Holders of Bearer Securities given as provided herein. In any case where notice is given to Holders by publication, neither the failure to publish such notice, nor any defect in any notice so published, shall affect the sufficiency of such notice with respect to other Holders of Bearer Securities or the sufficiency of any notice to 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. If by reason of the suspension of regular mail service or by reason of any other cause it shall be impracticable to give such notice as provided above, then such notification as shall be made with the approval of the Trustee shall constitute a sufficient notification for every purpose hereunder. If it is impossible or, in the opinion of the Trustee, impracticable to give any notice by publication in the manner herein required, then such publication in lieu thereof as shall be made with the approval of the Trustee shall constitute a sufficient publication of such notice. Any request, demand, authorization, direction, notice, consent or waiver required or permitted under this Indenture shall be in the English language, except that any published notice may be in an official language of the country of publication. 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. 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. In case by reason of the suspension of regular mail service or by reason of any other cause it shall be impracticable to give notice to Holders of Securities by mail, then such notification as shall be made with the approval of the Trustee shall constitute a sufficient notification for every purpose hereunder. In any case in which notice to Holders of Securities is given by mail, neither the failure to mail such notice, nor any defect in any notice so mailed, to any particular Holder of a Security, shall affect the sufficiency of such notice with respect to other Holders of Securities.
Appears in 3 contracts
Samples: Indenture (Fidelity National Title Group, Inc.), Indenture (Fidelity National Financial Inc /De/), Indenture (Fidelity National Title Group, Inc.)
Notice to Holders; Waiver. Where this Indenture Guarantee provides for notice of any event to any Holders of any eventGuaranteed Class A Preferred LP Units by the Guarantor or the Security Trustee, such notice shall be sufficiently given (unless otherwise herein expressly provided) if in writing and mailed, first-class postage prepaid, or delivered by hand or overnight courier to each such Holder affected by such event, at its the Holder’s address as it appears in the Security Register (or while any Securities are represented list of Holders as provided by one or more Global Securities, such notice shall be delivered to the Depositary for communication to entitled account Holders)Partnership, not later than the latest date (if any)date, and not earlier than the earliest date (if any)date, prescribed for the giving of such noticenotice or in any other manner from time to time permitted by applicable laws, including, without limitation, internet-based or other electronic communications. Neither In any case where notice to any Holders of Guaranteed Class A Preferred LP Units is given by mail, neither the accidental failure to mail or deliver by hand or overnight courier any such notice, nor any defect in any notice so mailed or delivered by hand or overnight couriermailed, to any particular Holder shall affect the sufficiency of such notice with respect to other Holders, but upon such failure to mail or such defect in any notice so mailed being discovered, the notice (as corrected to address any defects) shall be mailed forthwith to such Holder. 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. Any request, demand, authorization, direction, notice, consent or waiver required or permitted under this Guarantee shall be in the English language. Where this Indenture Guarantee 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 Holders shall be filed with the Security Trustee, but such filing shall not be a condition precedent to the validity of any action taken in reliance upon such waiver. In case by reason of the suspension of regular mail service or by reason of any other cause it shall be impracticable to give notice to Holders of Securities by mail, then such notification as shall be made with the approval of the Trustee shall constitute a sufficient notification for every purpose hereunder. In any case in which notice to Holders of Securities is given by mail, neither the failure to mail such notice, nor any defect in any notice so mailed, to any particular Holder of a Security, shall affect the sufficiency of such notice with respect to other Holders of Securities.
Appears in 3 contracts
Samples: Guarantee Indenture (Brookfield Renewable Corp), Guarantee Indenture (Brookfield Renewable Partners L.P.), Guarantee Indenture (Brookfield Renewable Partners L.P.)
Notice to Holders; Waiver. Where this Indenture Master Agreement or any Series Supplement provides for notice to the Holders of the related Notes of any event, such notice shall be sufficiently given (unless otherwise herein expressly provided) if in writing and mailed, first-first class postage prepaid, or delivered by hand or overnight courier to each Holder affected by such event, at its such Holder's address as it appears in the Security Register (Note Register, or while any Securities are represented if in writing and by one or more Global Securitiesfacsimile, such notice shall be delivered to the Depositary for communication facsimile number provided by a Holder to entitled account Holders)the Person giving such notice, not later than the latest date (if any)date, and not earlier than the earliest date (if any)date, prescribed for the giving of such notice. Neither In any case where notice to Holders is given by mail, neither the failure to mail or deliver by hand or overnight courier any such notice, nor any defect in any notice so mailed or delivered by hand or overnight couriermailed, to any particular Holder shall affect the sufficiency of such notice with respect to other Holders, and any notice that is mailed in the manner herein provided shall conclusively be presumed to have been duly given. Where this Indenture Master Agreement or any Series Supplement 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 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. 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 to Holders of Securities by mail, then such notification as shall be made with the approval of the Trustee shall constitute a sufficient notification for every purpose hereunder. In Where any case in which Series Supplement provides for notice to Holders of Securities is given by mailthe Rating Agencies, neither the failure to mail such notice, nor any defect in any notice so mailed, to any particular Holder of a Security, shall affect the sufficiency of give such notice with respect to other Holders shall not affect any rights or obligations created hereunder, and shall not under any circumstance constitute a Default or Event of SecuritiesDefault.
Appears in 3 contracts
Samples: Master Lease Receivables Asset Backed Financing Facility Agreement (Marlin Business Services Inc), Master Business Receivables Asset Backed Financing Facility Agreement (Advanta Business Services Corp), Master Lease Receivables Asset Backed Financing Facility Agreement (Marlin Business Services Inc)
Notice to Holders; Waiver. Where this Indenture provides for notice to Holders of an event (i) if any eventof the Securities affected by such event are Registered Securities, such notice to the Holders thereof shall be sufficiently given (unless otherwise herein expressly provided) if in writing and mailed, mailed first-class postage prepaid, or delivered by hand or overnight courier prepaid to each such Holder affected by such event, at its address as it appears in the Security Register (or while any Securities are represented by one or more Global Securities, such notice shall be delivered to within the Depositary for communication to entitled account Holders), not later than the latest date (if any), and not earlier than the earliest date (if any), time prescribed for the giving of such noticenotice and, (ii) if any of the Securities affected by such event are Bearer Securities, notice to the Holders thereof shall be sufficiently given (unless otherwise herein or in the terms of such Bearer Securities expressly provided) if published once in an Authorized Newspaper in New York, New York, and in such other city or cities, if any, as may be specified as contemplated by Section 3.01. Neither In any case where notice to Holders of Registered Securities is given by mail, neither the failure to mail or deliver by hand or overnight courier any such notice, nor any defect in any notice so mailed or delivered by hand or overnight couriermailed, to any particular Holder of a Registered Security shall affect the sufficiency of such notice with respect to other HoldersHolders of Registered Securities or the sufficiency of any notice to Holders of Bearer Securities given as provided herein. In any case where notice is given to Holders of Bearer Securities by publication, neither the failure to publish such notice, nor any defect in any notice so published, shall affect the sufficiency of such notice with respect to other Holders of Bearer Securities or the sufficiency of any notice with respect to any 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. If by reason of the suspension of regular mail service or by reason of any other cause it shall be impracticable to give such notice as provided above, then such notification as shall be made with the approval of the Trustee shall constitute a sufficient notification for every purpose hereunder with respect to a Holder of Registered Securities. If it is impossible or, in the opinion of the Trustee, impracticable to give any notice by publication in the manner herein required, then such publication in lieu thereof as shall be made with the approval of the Trustee shall constitute a sufficient publication of such notice with respect to a Holder of Bearer Securities. Any request, demand, authorization, direction, notice, consent or waiver required or permitted under this Indenture shall be in the English language, except that any published notice may be in an official language of the country of publication. 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, event and such waiver shall be 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. In case by reason of the suspension of regular mail service or by reason of any other cause it shall be impracticable to give notice to Holders of Securities by mail, then such notification as shall be made with the approval of the Trustee shall constitute a sufficient notification for every purpose hereunder. In any case in which notice to Holders of Securities is given by mail, neither the failure to mail such notice, nor any defect in any notice so mailed, to any particular Holder of a Security, shall affect the sufficiency of such notice with respect to other Holders of Securities.
Appears in 2 contracts
Samples: Indenture (Ocwen Financial Corp), Indenture (Ocwen Financial Corp)
Notice to Holders; Waiver. Where this Indenture provides for notice to Holders of any event, such notice shall be sufficiently given (unless otherwise herein expressly provided) if in writing and mailed, first-class postage prepaid, or delivered by hand or overnight courier to each Holder affected by such event, at its his address as it appears in the Security Register (or while any Securities are represented by one or more Global Securities, such notice shall be delivered to the Depositary for communication to entitled account Holders)Register, not later than the latest date (if any), and not earlier than the earliest date (if any), prescribed for the giving of such notice. Neither In any case where notice to Holders is given by mail, neither the failure to mail or deliver by hand or overnight courier any such notice, nor any defect in any notice so mailed or delivered by hand or overnight couriermailed, to any particular Holder shall affect the sufficiency of such notice with respect to other Holders. Any notice mailed to a Holder in a 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. 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. 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 to Holders of Securities by mail, then such notification as shall be made with the approval of the Trustee shall constitute a sufficient notification for every purpose hereunder. In Where this Indenture provides for Notice of any case in which notice event to Holders of Securities is given by mail, neither the failure to mail such notice, nor any defect in any notice so mailed, to any particular a Holder of a Global Security, such notice shall affect be sufficiently given if given to the sufficiency Depositary for such Security (or its designee), pursuant to its Applicable Procedures, not later than the latest date (if any), and not earlier than the earliest date (if any), prescribed for the giving of such notice with respect to other Holders of Securitiesnotice.
Appears in 2 contracts
Samples: Subordinated Debt Indenture (Allianz Finance III B.V.), Senior Indenture (Allianz Finance III B.V.)
Notice to Holders; Waiver. Where this Indenture provides for notice to Holders of any event, such notice shall be sufficiently given (unless otherwise herein expressly provided) if in writing and mailed, first-class postage prepaidregistered mail, or delivered by hand or overnight courier return receipt requested, to each such Holder affected by such event, at its address as it appears in the Security Register (or while any Securities are represented by one or more Global Securities, such notice shall be delivered to the Depositary for communication to entitled account Holders)Register, not later than the latest date (if any), and not earlier than the earliest date (if any), prescribed for the giving of such noticenotice and, in those cases where notice by publication is expressly permitted or expressly required by the terms of this Indenture or the TIA, such notice shall be sufficiently given (unless otherwise herein expressly provided) if published once in an Authorized Newspaper. Neither In any case where notice to Holders is given by mail, neither the failure to mail or deliver by hand or overnight courier any such notice, nor any defect in any notice so mailed or delivered by hand or overnight couriermailed, to any particular Holder shall affect the sufficiency of such notice with respect to other HoldersHolders of Notes given as provided herein. In any case where notice is given to any Holder by publication pursuant to the express provisions of this Indenture (unless otherwise herein expressly provided), neither the failure to publish such notice, nor any defect in any notice so published, shall affect the sufficiency of any notice by mail to other Holders of Notes 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. If by reason of the suspension of regular mail service or by reason of any other cause it shall be impracticable to give such notice as provided above, then such notification as shall be made with the approval of the Trustee shall constitute a sufficient notification for every purpose hereunder. If it is impossible or, in the opinion of the Trustee, impracticable to give any notice by publication in the manner herein required, then such publication in lieu thereof as shall be made with the approval of the Trustee shall constitute a sufficient publication of such notice. Any request, demand, authorization, direction, notice, consent or waiver required or permitted under this Indenture shall be in the English language. 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. 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. In case by reason of the suspension of regular mail service or by reason of any other cause it shall be impracticable to give notice to Holders of Securities by mail, then such notification as shall be made with the approval of the Trustee shall constitute a sufficient notification for every purpose hereunder. In any case in which notice to Holders of Securities is given by mail, neither the failure to mail such notice, nor any defect in any notice so mailed, to any particular Holder of a Security, shall affect the sufficiency of such notice with respect to other Holders of Securities.
Appears in 2 contracts
Samples: Indenture (Mesa Air New York, Inc.), Indenture (Mesa Air New York, Inc.)
Notice to Holders; Waiver. Where When this Indenture provides for notice to Holders holders of any event, such notice shall be sufficiently given to holders (unless otherwise herein expressly provided) if in writing and mailed, first-class postage prepaid, or delivered by hand or overnight courier to each Holder affected by such event, at its address holders as it appears their names and addresses appear in the Security Register (Register, within the time prescribed; provided, however, that, in any case, any notice to holders of Floating Rate Securities regarding the determination of a periodic rate of interest, if such notice is required pursuant to Section 3.1, shall be sufficiently given if given in the manner specified pursuant to Section 3.
1. In the event of suspension of regular mail service or while by reason of any Securities are represented other cause it shall be impracticable to give notice by one or more Global Securitiesmail, such notice notification as shall be delivered given with the approval of the Trustee shall constitute sufficient notice for every purpose hereunder. In the event of suspension of publication of any Authorized Newspapers or by reason of any other cause it shall be impracticable to give notice by publication, such notification as shall be given with the Depositary approval of the Trustee shall constitute sufficient notice for communication to entitled account Holders), not later than the latest date (if any), and not earlier than the earliest date (if any), prescribed for the giving of such notice. Neither the failure to mail or deliver by hand or overnight courier any notice, nor any defect in any notice so mailed or delivered by hand or overnight courier, to any particular Holder shall affect the sufficiency of such notice with respect to other Holdersevery purpose hereunder. 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. Waivers of notice by Holders 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 on such waiver. In any case by reason of the suspension of regular mail service or by reason of any other cause it shall be impracticable to give where notice to Holders of Securities by mail, then such notification as shall be made with the approval of the Trustee shall constitute a sufficient notification for every purpose hereunder. In any case in which notice to Holders of Securities holders is given by mail, neither the failure to mail such notice, notice nor any defect in any notice so mailed, mailed to any particular Holder of a Security, holder shall affect the sufficiency of such notice with respect to other Holders holders, and any notice which is mailed in the manner herein provided shall be conclusively presumed to have been duly given. In any case where notice to holders is given by publication, any defect in any notice so published as to any particular holder shall not affect the sufficiency of Securitiessuch notice with respect to other holders, and any notice which is published in the manner herein provided shall be conclusively presumed to have been duly given.
Appears in 2 contracts
Samples: Indenture (MGM Grand Inc), Indenture (MGM Grand Inc)
Notice to Holders; Waiver. Where this Indenture provides for notice to Holders of any event, such notice shall be sufficiently given (unless otherwise herein expressly provided) if in writing and mailed, first-class postage prepaid, or delivered if electronically, by hand or overnight courier any appropriate applicable mean, in each case to each Holder of the Notes affected by such event, at its such Holder’s address as it appears in the Security Register (or while any Securities are represented by one or more Global Securities, such notice shall be delivered to the Depositary for communication to entitled account Holders)Note Register, not later than the latest date (if any), and not earlier than the earliest date (if any), prescribed for the giving of such notice. Neither Notwithstanding any other provision of this Indenture or any Note, where this Indenture or any Note provides for notice of any event (including any notice of redemption or repurchase) to a Holder of a Global Note (whether by mail or otherwise), such notice shall be sufficiently given if given to the Depositary (or its designee) pursuant to the standing instructions from the Depositary or its designee, including by electronic mail in accordance with Applicable Procedures. In any case where notice to Holders is given by mail, neither the failure to mail or deliver by hand or overnight courier any such notice, nor any defect in any notice so mailed or delivered by hand or overnight couriermailed, to any particular Holder shall affect the sufficiency of such notice with respect to other Holders. Any notice mailed to 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. 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. 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. 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. In case by reason of the suspension of regular mail service or by reason of any other cause it shall be impracticable to give notice to Holders of Securities by mail, then such notification as shall be made with the approval of the Trustee shall constitute a sufficient notification for every purpose hereunder. In any case in which notice to Holders of Securities is given by mail, neither the failure to mail such notice, nor any defect in any notice so mailed, to any particular Holder of a Security, shall affect the sufficiency of such notice with respect to other Holders of Securities.
Appears in 2 contracts
Samples: Indenture (Anixter International Inc), Indenture (Anixter International Inc)
Notice to Holders; Waiver. Where this Indenture provides for notice of any event to Holders of any eventby the Company, the Guarantor or the Trustee, such notice shall will be sufficiently given (unless otherwise herein expressly provided) if in writing and mailed, first-class postage prepaid, or delivered by hand or overnight courier to each such Holder affected by such event, at its his or her address as it appears in the Security Register (or while any Securities are represented by one or more Global Securities, such notice shall be otherwise delivered to in accordance with the applicable procedures of the Depositary for communication to entitled account Holders(or, if a Security is held by DTC, Euroclear or Clearstream, delivered electronically in accordance with DTC’s, Euroclear’s or Clearstream’s customary procedures, as applicable), not later than the latest date (if any)date, and not earlier than the earliest date (if any)date, prescribed for the giving of such notice. Neither In any case where notice to Holders is given by mail, neither the failure to mail or deliver by hand or overnight courier any such notice, nor any defect in any notice so mailed or delivered by hand or overnight couriermailed, to any particular Holder shall will affect the sufficiency of such notice with respect to other Holders. 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 will be the equivalent of such notice. Waivers of notice by Holders shall will be filed with the Trustee, but such filing shall will not be a condition precedent to the validity of any action taken in reliance upon such waiver. In case case, by reason of the suspension of or irregularities in regular mail service or by reason of any other cause cause, it shall will be impracticable impractical to give mail notice of any event to Holders when such notice is required to be given pursuant to any provision of Securities by mailthis Indenture, then any manner of giving such notification notice as shall will be made with satisfactory to the approval Trustee will be deemed to be sufficient giving of such notice. Any request, demand, authorization, direction, notice, consent, waiver or other action required or permitted under this Indenture will be in the English language, except that any published notice may be in an official language of the Trustee shall constitute a sufficient notification for every purpose hereunder. In any case in which notice to Holders country of Securities is given by mail, neither the failure to mail such notice, nor any defect in any notice so mailed, to any particular Holder of a Security, shall affect the sufficiency of such notice with respect to other Holders of Securitiespublication.
Appears in 2 contracts
Samples: Indenture (Otis Worldwide Corp), Indenture (Highland Holdings S.a r.l.)
Notice to Holders; Waiver. Where this Indenture provides for notice to Holders of any event, such notice shall be sufficiently given (unless otherwise herein expressly provided) if in writing and mailed, first-class postage prepaid, or delivered by hand or overnight courier to each Holder affected by such event, at its his address as it appears in the Security Register (or while any Securities are represented by one or more Global Securities, such notice shall be delivered to the Depositary for communication to entitled account Holders)Register, not later than the latest date (if any)date, and not earlier than the earliest date (if any)date, prescribed for the giving of such notice. Neither In any case where notice to Holders is given by mail, neither the failure to mail or deliver by hand or overnight courier any such notice, nor any defect in any notice so mailed or delivered by hand or overnight couriermailed, to any particular Holder shall affect the sufficiency of such notice with respect to other Holders. 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. 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. 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 to Holders of Securities by mail, then such notification as shall be made with the approval of the Trustee shall constitute a sufficient notification for every purpose hereunder. In Section 108. Conflict with Trust Indenture Act. If any provision hereof limits, qualifies or conflicts with a provision of the Trust Indenture Act that is required under such Act to be a part of and govern this Indenture, the latter provision shall control. If any provision of this Indenture modifies or excludes any provision of the Trust Indenture Act that may be so modified or excluded, the latter provision shall be deemed to apply to this Indenture as so modified or excluded, as the case in which notice to Holders of Securities is given by mail, neither the failure to mail such notice, nor any defect in any notice so mailed, to any particular Holder of a Security, shall affect the sufficiency of such notice with respect to other Holders of Securitiesmay be.
Appears in 2 contracts
Samples: Indenture (Weatherford International Inc /New/), Indenture (Weatherford International Inc /New/)
Notice to Holders; Waiver. Where this Indenture provides for notice to Holders of any event, (i) if any of the Securities affected by such event are Registered Securities, such notice to the Holders thereof shall be sufficiently given (unless otherwise herein or in the terms of such Securities expressly provided) if in writing and mailed, first-class postage prepaid, or delivered by hand or overnight courier to each such Holder affected by such event, at its address as it appears in the Security Register (or while any Securities are represented by one or more Global SecuritiesRegister, such notice shall be delivered to within the Depositary for communication to entitled account Holders), not later than the latest date (if any), and not earlier than the earliest date (if any), time prescribed for the giving of such noticenotice and, (ii) if any of the Securities
1. Neither In any case where notice to Holders is given by mail, neither the failure to mail or deliver by hand or overnight courier any such notice, nor any defect in any notice so mailed or delivered by hand or overnight couriermailed, to any particular Holder shall affect the sufficiency of such notice with respect to other HoldersHolders of Registered Securities or the sufficiency of any notice to Holders of Bearer Securities given as provided herein. In any case where notice is given to Holders by publication, neither the failure to publish such notice, nor any defect in any notice so published, shall affect the sufficiency of such notice with respect to other Holders of Bearer Securities or the sufficiency of any notice to 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. If by reason of the suspension of regular mail service or by reason of any other cause it shall be impracticable to give such notice as provided above, then such notification as shall be made with the approval of the Trustee (such approval not to be unreasonably withheld) shall constitute a sufficient notification for every purpose hereunder. If it is impossible or, in the opinion of the Trustee, impracticable to give any notice by publication in the manner herein required, then such publication in lieu thereof as shall be made with the approval of the Trustee shall constitute a sufficient publication of such notice. Any request, demand, authorization, direction, notice, consent or waiver required or permitted under this Indenture shall be in the English language, except that any published notice may be in an official language of the country of publication. 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. 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. In case by reason of the suspension of regular mail service or by reason of any other cause it shall be impracticable to give notice to Holders of Securities by mail, then such notification as shall be made with the approval of the Trustee shall constitute a sufficient notification for every purpose hereunder. In any case in which notice to Holders of Securities is given by mail, neither the failure to mail such notice, nor any defect in any notice so mailed, to any particular Holder of a Security, shall affect the sufficiency of such notice with respect to other Holders of Securities.
Appears in 2 contracts
Samples: Indenture (Universal Logistics Holdings, Inc.), Indenture (Universal Truckload Services, Inc.)
Notice to Holders; Waiver. Where this Indenture provides for notice of any event to Holders of any eventby 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 delivered by hand or overnight courier to each Holder affected by such event, at its his address as it appears in the Security Register (or while any Securities are represented by one or more Global SecuritiesNote Register, such notice shall be delivered to within the Depositary for communication to entitled account Holders), not later than the latest date (if any), and not earlier than the earliest date (if any), time prescribed for the giving of such notice. Neither In any case where notice to Holders is given by mail, neither the failure to mail or deliver by hand or overnight courier any such notice, nor any defect in any notice so mailed or delivered by hand or overnight couriermailed, to any particular Holder shall affect the sufficiency of such notice with respect to other Holders. Notices given by publication shall be deemed given on the first date on which publication is made and notices given by first-class mail, postage prepaid, shall be deemed given five calendar days after mailing. In case by reason of the suspension of or irregularities in regular mail service or by reason of any other cause, it shall be impracticable to mail notice of any event to Holders when such notice is required to be given pursuant to any provision of this Indenture, 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 for every purpose hereunder. 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. 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. In case by reason Notwithstanding any other provision of this Indenture or any Note, subject to the requirements of the suspension of regular mail service TIA, where this Indenture or by reason any Note provides for notice of any other cause it event (including any notice of redemption) to any Holder of an interest in a Global Note (whether by mail or otherwise), such notice shall be impracticable sufficiently given if given to give notice the Depository or any other applicable depositary for such Global Note (or its designee) according to Holders of Securities by mail, then such notification as shall be made with the approval applicable procedures of the Trustee shall constitute a sufficient notification for every purpose hereunder. In any case in which notice to Holders of Securities is given by mail, neither the failure to mail Depository or such notice, nor any defect in any notice so mailed, to any particular Holder of a Security, shall affect the sufficiency of such notice with respect to other Holders of Securitiesdepositary.
Appears in 2 contracts
Samples: Indenture (HomeStreet, Inc.), Indenture (Kaiser Aluminum Corp)
Notice to Holders; Waiver. Where this Indenture provides for notice to Holders of any event, (i) if any of the Securities affected by such event are Registered Securities, such notice to the Holders thereof shall be sufficiently given (unless otherwise herein expressly provided) if in writing and mailed, first-class postage prepaid, or delivered by hand or overnight courier to each such Holder affected by such event, at its his address as it appears in the Security Register (or while any Securities are represented by one or more Global SecuritiesRegister, such notice shall be delivered to within the Depositary for communication to entitled account Holders), not later than the latest date (if any), and not earlier than the earliest date (if any), time prescribed for the giving of such notice, and (ii) if any of the Securities affected by such event are Bearer Securities, notice to the Holders thereof shall be sufficiently given (unless otherwise herein or in the terms of such Bearer Securities expressly provided) if published once in an Authorized Newspaper in New York, New York, and in such other city or cities, if any, as may be specified as contemplated by Section 3.
1. Neither In any case where notice to Holders is given by mail, neither the failure to mail or deliver by hand or overnight courier any such notice, nor any defect in any notice so mailed or delivered by hand or overnight couriermailed, to any particular Holder shall affect the sufficiency of such notice with respect to other HoldersHolders of Registered Securities or the sufficiency of any notice to Holders of Bearer Securities given as provided herein. In any case where notice is given to Holders by publication, neither the failure to publish such notice, nor any defect in any notice so published, shall affect the sufficiency of such notice with respect to other Holders of Bearer Securities or the sufficiency of any notice to 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. If by reason of the suspension of regular mail service or by reason of any other cause it shall be impracticable to give such notice as provided above, then such notification as shall be made with the approval of the Trustee shall constitute a sufficient notification for every purpose hereunder. If it is impossible or, in the opinion of the Trustee, impracticable to give any notice by publication in the manner herein required, then such publication in lieu thereof as shall be made with the approval of the Trustee shall constitute a sufficient publication of such notice. Any request, demand, authorization, direction, notice, consent or waiver required or permitted under this Indenture shall be in the English language, except that any published notice may be in an official language of the country of publication. 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. 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. In case by reason of the suspension of regular mail service or by reason of any other cause it shall be impracticable to give notice to Holders of Securities by mail, then such notification as shall be made with the approval of the Trustee shall constitute a sufficient notification for every purpose hereunder. In any case in which notice to Holders of Securities is given by mail, neither the failure to mail such notice, nor any defect in any notice so mailed, to any particular Holder of a Security, shall affect the sufficiency of such notice with respect to other Holders of Securities.
Appears in 2 contracts
Samples: Indenture (Southwestern Energy Co), Indenture (Southwestern Energy Co)
Notice to Holders; Waiver. Where When this Indenture provides for notice to Holders of any event, such notice shall be sufficiently given to Holders (unless otherwise herein expressly provided) if in writing and mailed, first-class postage prepaid, or delivered by hand or overnight courier to each Holder affected by such event, at its address Holders as it appears their names and addresses appear in the Security Register (Register, within the time prescribed. In the event of suspension of regular mail service or while by reason of any other cause it shall be impracticable to give notice to Holders of Debt Securities are represented by one or more Global Securitiesmail, such notice notification as shall be delivered to given with the Depositary approval of the Trustee shall constitute sufficient notice for communication to entitled account Holders), not later than the latest date (if any), and not earlier than the earliest date (if any), prescribed for the giving of such notice. Neither the failure to mail or deliver by hand or overnight courier any notice, nor any defect in any notice so mailed or delivered by hand or overnight courier, to any particular Holder shall affect the sufficiency of such notice with respect to other Holdersevery purpose hereunder. 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. 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 on such waiver. In any case by reason of the suspension of regular mail service or by reason of any other cause it shall be impracticable to give where notice to Holders of Securities by mail, then such notification as shall be made with the approval of the Trustee shall constitute a sufficient notification for every purpose hereunder. In any case in which notice to Holders of Securities is given by mail, neither the failure to mail such notice, notice nor any defect in any notice so mailed, mailed to any particular Holder of a Security, shall affect the sufficiency of such notice with respect to other Holders, and any notice which is mailed in the manner herein provided shall be conclusively presumed to have been duly given. In any case where notice to Holders is given by publication, any defect in any notice so published as to any particular Holder shall not affect the sufficiency of Securitiessuch notice with respect to other Holders, and any notice which is published in the manner herein provided shall be conclusively presumed to have been duly given.
Appears in 2 contracts
Samples: Senior Secured Indenture (Ralcorp Holdings Inc /Mo), Indenture (Energizer Holdings Inc)
Notice to Holders; Waiver. Where this Indenture provides for ------------------------- notice to Holders of any event, (i) if any of the Securities affected by such event are Registered Securities, such notice to the Holders thereof shall be sufficiently given (unless otherwise herein expressly provided) if in writing and mailed, first-class postage prepaid, or delivered by hand or overnight courier to each such Holder affected by such event, at its his address as it appears in the Security Register (or while any Securities are represented by one or more Global SecuritiesRegister, such notice shall be delivered to within the Depositary for communication to entitled account Holders), not later than the latest date (if any), and not earlier than the earliest date (if any), time prescribed for the giving of such noticenotice and, (ii) if any of the Securities affected by such event are Bearer Securities, notice to the Holders thereof shall be sufficiently given (unless otherwise herein or in the terms of such Bearer Securities expressly provided) if published once in an Authorized Newspaper in New York, New York, and in such other city or cities, if any, as may be specified as contemplated by Section 3.
1. Neither In any case where notice to Holders is given by mail, neither the failure to mail or deliver by hand or overnight courier any such notice, nor any defect in any notice so mailed or delivered by hand or overnight couriermailed, to any particular Holder shall affect the sufficiency of such notice with respect to other HoldersHolders of Registered Securities or the sufficiency of any notice to Holders of Bearer Securities given as provided herein. In any case where notice is given to Holders by publication, neither the failure to publish such notice, nor any defect in any notice so published, shall affect the sufficiency of such notice with respect to other Holders of Bearer Securities or the sufficiency of any notice to 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. If by reason of the suspension of regular mail service or by reason of any other cause it shall be impracticable to give such notice as provided above, then such notification as shall be made with the approval of the Trustee shall constitute a sufficient notification for every purpose hereunder. If it is impossible or, in the opinion of the Trustee, impracticable to give any notice by publication in the manner herein required, then such publication in lieu thereof as shall be made with the approval of the Trustee shall constitute a sufficient publication of such notice. Any request, demand, authorization, direction, notice, consent or waiver required or permitted under this Indenture shall be in the English language, except that any published notice may be in an official language of the country of publication. 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. 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. In case by reason of the suspension of regular mail service or by reason of any other cause it shall be impracticable to give notice to Holders of Securities by mail, then such notification as shall be made with the approval of the Trustee shall constitute a sufficient notification for every purpose hereunder. In any case in which notice to Holders of Securities is given by mail, neither the failure to mail such notice, nor any defect in any notice so mailed, to any particular Holder of a Security, shall affect the sufficiency of such notice with respect to other Holders of Securities.
Appears in 2 contracts
Samples: Subordinated Indenture (Acterna Corp), Indenture (Acterna Corp)
Notice to Holders; Waiver. Where this Indenture Guarantee provides for notice of any event to any Holders of any eventSenior Preferred Shares by the Guarantor or the Security Trustee, such notice shall be sufficiently given (unless otherwise herein expressly provided) if in writing and mailed, first-class postage prepaid, or delivered by hand or overnight courier to each such Holder affected by such event, at its the Holder’s address as it appears in the Security Register (or while any Securities are represented list of Holders as provided by one or more Global Securities, such notice shall be delivered to the Depositary for communication to entitled account Holders)Corporation, not later than the latest date (if any)date, and not earlier than the earliest date (if any)date, prescribed for the giving of such noticenotice or in any other manner from time to time permitted by applicable laws, including, without limitation, internet-based or other electronic communications. Neither In any case where notice to any Holders of Senior Preferred Shares is given by mail, neither the accidental failure to mail or deliver by hand or overnight courier any such notice, nor any defect in any notice so mailed or delivered by hand or overnight couriermailed, to any particular Holder shall affect the sufficiency of such notice with respect to other HoldersHolders of Senior Preferred Shares, but upon such failure to mail or such defect in any notice so mailed being discovered, the notice (as corrected to address any defects) shall be mailed forthwith to such Holder. 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. Any request, demand, authorization, direction, notice, consent or waiver required or permitted under this Guarantee shall be in the English language. Where this Indenture Guarantee 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 Holders shall be filed with the Security Trustee, but such filing shall not be a condition precedent to the validity of any action taken in reliance upon such waiver. In case by reason of the suspension of regular mail service or by reason of any other cause it shall be impracticable to give notice to Holders of Securities by mail, then such notification as shall be made with the approval of the Trustee shall constitute a sufficient notification for every purpose hereunder. In any case in which notice to Holders of Securities is given by mail, neither the failure to mail such notice, nor any defect in any notice so mailed, to any particular Holder of a Security, shall affect the sufficiency of such notice with respect to other Holders of Securities.
Appears in 2 contracts
Samples: Guarantee Indenture (Brookfield Renewable Partners L.P.), Guarantee Indenture (Brookfield Renewable Corp)
Notice to Holders; Waiver. Where this Indenture provides for notice to Holders of any event, (i) if any of the Securities affected by such event are Registered Securities, such notice to the Holders thereof shall be sufficiently given (unless otherwise herein expressly provided) if in writing and mailed, first-class postage prepaid, or delivered by hand or overnight courier to each such Holder affected by such event, at its his address as it appears in the Security Register (or while any Securities are represented by one or more Global SecuritiesRegister, such notice shall be delivered to within the Depositary for communication to entitled account Holders), not later than the latest date (if any), and not earlier than the earliest date (if any), time prescribed for the giving of such notice, and (ii) if any of the Securities affected by such event are Bearer Securities, notice to the Holders thereof shall be sufficiently given (unless otherwise herein or in the terms of such Bearer Securities expressly provided) if published once in an Authorized Newspaper in New York, New York, and in such other city or cities, if any, as may be specified as contemplated by Section 3.
1. Neither In any case where notice to Holders is given by mail, neither the failure to mail or deliver by hand or overnight courier any such notice, nor any defect in any notice so mailed or delivered by hand or overnight couriermailed, to any particular Holder shall affect the sufficiency of such notice with respect to other HoldersHolders of Registered Securities or the sufficiency of any notice to Holders of Bearer Securities given as provided herein. In any case where notice is given to Holders by publication, neither the failure to publish such notice, nor any defect in any notice so published, shall affect the sufficiency of such notice with respect to other Holders of Bearer Securities or the sufficiency of any notice to Holders of Registered Securities given as provided herein. If by reason of the suspension of regular mail service or by reason of any other cause it shall be impracticable to give such notice as provided above, then such notification as shall be made with the approval of the Trustee shall constitute a sufficient notification for every purpose hereunder. If it is impossible or, in the opinion of the Trustee, impracticable to give any notice by publication in the manner herein required, then such publication in lieu thereof as shall be made with the approval of the Trustee shall constitute a sufficient publication of such notice. Any request, demand, authorization, direction, notice, consent or waiver required or permitted under this Indenture shall be in the English language, except that any published notice may be in an official language of the country of publication. 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. 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. In case by reason of the suspension of regular mail service or by reason of any other cause it shall be impracticable to give notice to Holders of Securities by mail, then such notification as shall be made with the approval of the Trustee shall constitute a sufficient notification for every purpose hereunder. In any case in which notice to Holders of Securities is given by mail, neither the failure to mail such notice, nor any defect in any notice so mailed, to any particular Holder of a Security, shall affect the sufficiency of such notice with respect to other Holders of Securities.
Appears in 2 contracts
Samples: Indenture (Public Service Co of North Carolina Inc), Indenture Agreement (Public Service Co of North Carolina Inc)
Notice to Holders; Waiver. Where When this Indenture provides for notice to Holders of any event, such notice shall be sufficiently given to Registered Holders (unless otherwise herein expressly provided) if in writing and mailed, first-class postage prepaid, or delivered by hand or overnight courier to each Holder affected by such event, at its address Registered Holders as it appears their names and addresses appear in the Security Register (Register, within the time prescribed herein, provided, however, that, -------- ------- in any case, any notice to Holders of Floating Rate Securities regarding the determination of a periodic rate of interest, if such notice is required pursuant to Section 3.01, shall be sufficiently given if given in the manner specified pursuant to Section 3.01. In the event of suspension of regular mail service or while by reason of any Securities are represented other cause it shall be impracticable to give notice by one or more Global Securitiesmail, such notice notification as shall be delivered given with the approval of the Trustee shall constitute sufficient notice for every purpose hereunder. In the event of suspension of publication of any Authorized Newspapers or by reason of any other cause it shall be impracticable to make any publication of notice required by this Indenture in the Depositary manner prescribed herein, such publication or other notification as shall be given with the approval of the Trustee shall constitute sufficient notice for communication to entitled account Holders), not later than the latest date (if any), and not earlier than the earliest date (if any), prescribed for the giving of such notice. Neither the failure to mail or deliver by hand or overnight courier any notice, nor any defect in any notice so mailed or delivered by hand or overnight courier, to any particular Holder shall affect the sufficiency of such notice with respect to other Holdersevery purpose hereunder. 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. 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 on such waiver. In any case by reason of the suspension of regular mail service or by reason of any other cause it shall be impracticable to give where notice to Holders of Securities by mail, then such notification as shall be made with the approval of the Trustee shall constitute a sufficient notification for every purpose hereunder. In any case in which notice to Holders of Securities is given by mail, neither the failure to mail such notice, notice nor any defect in any notice so mailed, mailed to any particular Holder of a Security, shall affect the sufficiency of such notice with respect to other Holders, and any notice which is mailed in the manner herein provided shall be conclusively presumed to have been duly given. In any case where notice to Holders is given by publication, any defect in any notice so published as to any particular Holder shall not affect the sufficiency of Securitiessuch notice with respect to other Holders, and any notice which is published in the manner herein provided shall be conclusively presumed to have been duly given.
Appears in 2 contracts
Samples: Indenture (Intermedia Communications Inc), Indenture (Intermedia Communications Inc)
Notice to Holders; Waiver. Where When this Indenture provides for notice to Holders of any event, such notice shall be sufficiently given to Holders (unless otherwise herein expressly provided) if in writing and mailed, first-class postage prepaid, or delivered by hand or overnight courier to each Holder affected by such event, at its address Holders as it appears their names and addresses appear in the Security Register (Register, within the time prescribed. In the event of suspension of regular mail service or while by reason of any other cause it shall be impracticable to give notice to Holders of Debt Securities are represented by one or more Global Securitiesmail, such notice notification as shall be delivered to given with the Depositary approval of the Trustee shall constitute sufficient notice for communication to entitled account Holders), not later than the latest date (if any), and not earlier than the earliest date (if any), prescribed for the giving of such notice. Neither the failure to mail or deliver by hand or overnight courier any notice, nor any defect in any notice so mailed or delivered by hand or overnight courier, to any particular Holder shall affect the sufficiency of such notice with respect to other Holdersevery purpose hereunder. 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. 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 on such waiver. In any case by reason of the suspension of regular mail service or by reason of any other cause it shall be impracticable to give where notice to Holders of Securities by mail, then such notification as shall be made with the approval of the Trustee shall constitute a sufficient notification for every purpose hereunder. In any case in which notice to Holders of Securities is given by mail, neither the failure to mail such notice, notice nor any defect in any notice so mailed, mailed to any particular Holder of a Security, shall affect the sufficiency of such notice with respect to other Holders, and any notice which is mailed in the manner herein provided shall be conclusively presumed to have been duly given. In any case where notice to Holders is given by publication, any defect in any notice so published as to any particular Holder shall not affect the sufficiency of Securitiessuch notice with respect to other Holders, and any notice which is published in the manner herein provided shall be conclusively presumed to have been duly given. All notices given by publication shall be at the expense of the Company.
Appears in 2 contracts
Samples: Indenture (Sigma Aldrich Corp), Indenture (Sigma Aldrich Corp)
Notice to Holders; Waiver. Where When this Indenture provides for notice to Holders of any event, such notice shall be sufficiently given to Registered Holders (unless otherwise herein expressly provided) if in writing and mailed, first-—class postage prepaid, or delivered by hand or overnight courier to each Holder affected by such event, at its address Registered Holders as it appears their names and addresses appear in the Security Register (Register, within the time prescribed; provided, however, that, in any case, any notice to Holders of Floating Rate Securities regarding the determination of a periodic rate of interest, if such notice is required pursuant to Section 3.01, shall be sufficiently given if given in the manner specified pursuant to Section 3.01. In the event of suspension of regular mail service or while by reason of any Securities are represented other cause it shall be impracticable to give notice by one or more Global Securitiesmail, such notice notification as shall be delivered to given with the Depositary approval of the Trustee shall constitute sufficient notice for communication to entitled account Holders), not later than the latest date (if any), and not earlier than the earliest date (if any), prescribed for the giving of such notice. Neither the failure to mail or deliver by hand or overnight courier any notice, nor any defect in any notice so mailed or delivered by hand or overnight courier, to any particular Holder shall affect the sufficiency of such notice with respect to other Holdersevery purpose hereunder. 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. 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 on such waiver. In any case by reason of the suspension of regular mail service or by reason of any other cause it shall be impracticable to give where notice to Holders of Securities by mail, then such notification as shall be made with the approval of the Trustee shall constitute a sufficient notification for every purpose hereunder. In any case in which notice to Holders of Securities is given by mail, neither the failure to mail such notice, notice nor any defect in any notice so mailed, mailed to any particular Holder of a Security, shall affect the sufficiency of such notice with respect to other Holders, and any notice which is mailed in the manner herein provided shall be conclusively presumed to have been duly given. In any case where notice to Holders is given by publication, any defect in any notice so published as to any particular Holder shall not affect the sufficiency of Securitiessuch notice with respect to other Holders, and any notice which is published in the manner herein provided shall be conclusively presumed to have been duly given.
Appears in 2 contracts
Samples: Subordinated Debt Indenture (Calgon Carbon Corporation), Subordinated Debt Indenture (MOB Corp)
Notice to Holders; Waiver. (a) Where this Indenture provides for notice to Holders of any event:
(i) if any of the Securities affected by such event are Registered Securities, such notice shall be sufficiently given (unless otherwise herein expressly providedprovided or unless otherwise specified in such Securities) if in writing and delivered in person, mailed, first-class postage prepaidprepaid or sent by overnight courier, or delivered by hand or overnight courier to each Holder affected by such event, at its his address as it appears in the Security Register (or while any Securities are represented by one or more Global SecuritiesRegister, such notice shall be delivered to within the Depositary for communication to entitled account Holders), not later than the latest date (if any), and not earlier than the earliest date (if any), time prescribed for the giving of such notice, and
(ii) if any of the Securities affected by such event are Bearer Securities, such notice shall be sufficiently given (unless otherwise herein expressly provided or unless otherwise specified in such Securities) if (A) published once in an Authorized Newspaper in New York City and London and, if applicable, in such other place of publication as may be required pursuant to the rules and regulations of any securities exchange on which such Securities are listed, and (B) delivered in person, mailed, first-class postage prepaid or sent by overnight courier to such Persons whose names were previously filed with the Trustee, within the time prescribed for the giving of such notice.
(b) 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 to Holders of Registered Securities in the manner specified above, then such notification as shall be made with the approval of the Trustee shall constitute a sufficient notification for every purpose hereunder. Neither In case by reason of the suspension of publication of any Authorized Newspaper or Authorized Newspapers or by reason of any other cause it shall be impracticable to publish any notice to Holders of Bearer Securities as provided above, then such notification to Holders of Bearer Securities as shall be given with the approval of the Trustee shall constitute sufficient notice to such Holders for every purpose hereunder.
(c) In any case where notice to a Holder of Registered Securities is given in any manner specified in paragraph (a) above, such notice shall be conclusively presumed to have been duly given, whether or not such Holder receives such notice. In any case where notice to Holders of Registered Securities is given in any manner specified in paragraph (a) above, neither the failure to deliver, mail or deliver by hand or overnight courier any send such notice, nor any defect in any notice so mailed or delivered by hand or overnight couriersent, to any particular Holder of a Registered Security shall affect the sufficiency of such notice with respect to other HoldersHolders of Registered Securities or the sufficiency of any notice to Holders of Bearer Securities given as provided herein. Neither the failure to give notice by publication to Holders of Bearer Securities as provided in paragraph (a) above, nor any defect in any notice so published, shall affect the sufficiency of any notice to Holders of Registered Securities given as provided herein.
(d) 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. Waivers of notice by Holders of Securities 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. In case by reason of the suspension of regular mail service or by reason of any other cause it shall be impracticable to give notice to Holders of Securities by mail, then such notification as shall be made with the approval of the Trustee shall constitute a sufficient notification for every purpose hereunder. In any case in which notice to Holders of Securities is given by mail, neither the failure to mail such notice, nor any defect in any notice so mailed, to any particular Holder of a Security, shall affect the sufficiency of such notice with respect to other Holders of Securities.
Appears in 2 contracts
Samples: Indenture (Ibm International Group Capital LLC), Indenture (International Business Machines Corp)
Notice to Holders; Waiver. Where this Indenture provides for notice of any event to Holders of any eventby 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 delivered by hand or overnight courier to each Holder affected by such event, at its his address as it appears in the Security Register (or while any Securities are represented by one or more Global SecuritiesNote Register, such notice shall be delivered to within the Depositary for communication to entitled account Holders), not later than the latest date (if any), and not earlier than the earliest date (if any), time prescribed for the giving of such notice. Neither In any case where notice to Holders is given by mail, neither the failure to mail or deliver by hand or overnight courier any such notice, nor any defect in any notice so mailed or delivered by hand or overnight couriermailed, to any particular Holder shall affect the sufficiency of such notice with respect to other Holders. Notices given by publication shall be deemed given on the first date on which publication is made and notices given by first-class mail, postage prepaid, shall be deemed given five calendar days after mailing. In case by reason of the suspension of or irregularities in regular mail service or by reason of any other cause, it shall be impracticable to mail notice of any event to Holders when such notice is required to be given pursuant to any provision of this Indenture, 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 for every purpose hereunder. 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. 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. In case by reason Notwithstanding anything herein to the contrary, subject to the requirements of the suspension TIA, where this Indenture provides for notice in any manner, such notice may be sent or transmitted to Holders in any manner that is in accordance with the procedures of regular mail service or by reason of any other cause it the Depository and shall be impracticable deemed to give notice to Holders of Securities by mail, then such notification as shall be made with the approval of the Trustee shall constitute a sufficient notification giving of such notice for every purpose hereunder. In any case in which notice to Holders of Securities is given by mail, neither the failure to mail such notice, nor any defect in any notice so mailed, to any particular Holder of a Security, shall affect the sufficiency of such notice with respect to other Holders of Securities.
Appears in 2 contracts
Samples: Indenture (Aleris Ohio Management, Inc.), Indenture (Aleris International, Inc.)
Notice to Holders; Waiver. Where this Indenture provides for notice of any event to Holders of any eventby the Company or the Trustee, such notice shall be sufficiently given (unless otherwise herein expressly provided) if in writing and either (1) mailed, first-class postage prepaid, or delivered by hand or overnight courier to each Holder affected by such event, at its his address as it appears in the Security Register (or while any Securities are represented by one or more Global SecuritiesNote Register, such notice shall be delivered to within the Depositary for communication to entitled account Holders), not later than the latest date (if any), and not earlier than the earliest date (if any), time prescribed for the giving of such noticenotice or (2) in the case of Notes held through the Depository, sent or transmitted to Holders in any manner that is in accordance with the procedures of the Depository. Neither In any case where notice to Holders is given by mail, neither the failure to mail or deliver by hand or overnight courier any such notice, nor any defect in any notice so mailed or delivered by hand or overnight couriermailed, to any particular Holder shall affect the sufficiency of such notice with respect to other Holders. Notices given by publication or electronic delivery shall be deemed given on the first date on which publication or electronic delivery is made and notices given by first-class mail, postage prepaid, shall be deemed given five calendar days after mailing. In case by reason of the suspension of or irregularities in regular mail service or by reason of any other cause, it shall be impracticable to mail notice of any event to Holders when such notice is required to be given pursuant to any provision of this Indenture, 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 for every purpose hereunder. 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. 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. In case by reason Notwithstanding anything herein to the contrary, where this Indenture provides for notice in any manner, such notice may be sent or transmitted to Holders in any manner that is in accordance with the procedures of the suspension of regular mail service or by reason of any other cause it Depository and shall be impracticable deemed to give notice to Holders of Securities by mail, then such notification as shall be made with the approval of the Trustee shall constitute a sufficient notification giving of such notice for every purpose hereunder. In any case in which notice to Holders of Securities is given by mail, neither the failure to mail such notice, nor any defect in any notice so mailed, to any particular Holder of a Security, shall affect the sufficiency of such notice with respect to other Holders of Securities.
Appears in 2 contracts
Notice to Holders; Waiver. Where this Supplemental Indenture provides for notice of any event to Holders of any eventby the Company or the Trustee, such notice shall be sufficiently given (unless otherwise herein expressly provided) if in writing (in the English language) and mailed, first-class postage prepaid, or delivered by hand or overnight courier to each Holder affected by such event, at its his address as it appears in the Security Register (or while any Securities are represented by one or more Global Securities, such notice shall be delivered to the Depositary for communication to entitled account Holders)Note Register, not later than the latest date (if any)date, and not earlier than the earliest date (if any)date, prescribed for the giving of such notice. Neither In any case where notice to Holders is given by mail, neither the failure to mail or deliver by hand or overnight courier any such notice, nor any defect in any notice so mailed or delivered by hand or overnight couriermailed, to any particular Holder shall affect the sufficiency of such notice with respect to other Holders. 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 Supplemental 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. 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. In case by reason of the suspension of or irregularities in regular mail service or by reason of any other cause cause, it shall be impracticable to give mail notice of any event to Holders when such notice is required to be given pursuant to any provision of Securities by mailthis Supplemental Indenture, then any manner of giving such notification notice as shall be made with the approval of satisfactory to the Trustee shall constitute be deemed to be a sufficient notification giving of such notice for every purpose hereunder. In The Trustee may rely upon and comply with instructions or directions sent via unsecured facsimile or email transmission and the Trustee shall not be liable for any case in which notice loss, liability or expense of any kind incurred by the Company or the Holders due to Holders of Securities is the Trustee’s reliance upon and compliance with instructions or directions given by mailunsecured facsimile or email transmission; provided, neither however, that such losses have not arisen from the negligence or willful misconduct of the Trustee, it being understood that the failure of the Trustee to mail such noticeverify or confirm that the person providing the instructions or directions, nor any defect is, in any notice so mailedfact, to any particular Holder of a Security, shall affect the sufficiency of such notice with respect to other Holders of Securitiesan authorized person does not constitute negligence or willful misconduct.
Appears in 2 contracts
Samples: Fourth Supplemental Indenture (Comstock Oil & Gas GP, LLC), Third Supplemental Indenture (Comstock Oil & Gas GP, LLC)
Notice to Holders; Waiver. Where this Indenture provides for notice to Holders of any event, such notice shall be sufficiently given (unless otherwise herein expressly provided) if in writing and mailed, first-class postage prepaidregistered mail, or delivered by hand or overnight courier return receipt requested, to each such Holder affected by such event, at its address as it appears in the Security Register (or while any Securities are represented by one or more Global Securities, such notice shall be delivered to the Depositary for communication to entitled account Holders)Register, not later than the latest date (if any), and not earlier than the earliest date (if any), prescribed for the giving of such noticenotice and, in those cases where notice by publication is expressly permitted or expressly required by the terms of this Indenture or the TIA, such notice shall be sufficiently given (unless otherwise herein expressly provided) if published once in an Authorized Newspaper. Neither In any case where notice to Holders is given by mail, neither the failure to mail or deliver by hand or overnight courier any such notice, nor any defect in any notice so mailed or delivered by hand or overnight couriermailed, to any particular Holder shall affect the sufficiency of such notice with respect to other HoldersHolders of Notes given as provided herein. In any case where notice is given to any Holder by publication pursuant to the express provisions of this Indenture (unless otherwise herein expressly provided), neither the failure to publish such notice, nor any defect in any notice so published, shall affect the sufficiency of any notice by mail to other Holders of Notes 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. If by reason of the suspension of regular mail service or by reason of any other cause it shall be impracticable to give such notice as provided above, then such notification as shall be made with the approval of the Trustee shall constitute a sufficient notification for every purpose hereunder. If it is impossible or, in the opinion of the Trustee, impracticable to give any notice by publication in the manner herein required, then such publication in lieu thereof as shall be made with the approval of the Trustee shall constitute a sufficient publication of such notice. Any request, demand, authorization, direction, notice, consent or waiver required or permitted under this Indenture shall be in the English language. 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. 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. In case by reason of the suspension of regular mail service or by reason of any other cause it shall be impracticable to give notice to Holders of Securities by mail, then such notification as shall be made with the approval of the Trustee shall constitute a sufficient notification for every purpose hereunder. In any case in which notice to Holders of Securities is given by mail, neither the failure to mail such notice, nor any defect in any notice so mailed, to any particular Holder of a Security, shall affect the sufficiency of such notice with respect to other Holders of Securities.
Appears in 2 contracts
Samples: Indenture (Ual Corp /De/), Indenture (Ual Corp /De/)
Notice to Holders; Waiver. Where this Indenture provides for notice to Holders of any event:
(a) if any of the Securities affected by such event are Registered Securities, such notice shall be sufficiently given (unless otherwise herein expressly provided) if in writing and mailed, first-class postage prepaid, or delivered by hand or overnight courier to each Holder affected by such event, at its his address as it appears in the Security Register Register, within the time prescribed for the giving of such notice, and
(or while b) if any of the Securities affected by such event are represented by one or more Global Bearer Securities, such notice shall be delivered sufficiently given (unless otherwise herein expressly provided or unless otherwise specified in such Securities) if published once in an Authorized Newspaper in New York City and London and mailed to such Persons whose names and addresses were previously filed with the Depositary for communication to entitled account Holders)Trustee, not later than within the latest date (if any), and not earlier than the earliest date (if any), time prescribed for the giving of such notice. Neither 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 to Holders by mail, then such notification as the Company shall direct the Trustee in writing to give shall constitute a sufficient notification for every purpose hereunder. In any case where notice to Holders is given by mail, neither the failure to mail or deliver by hand or overnight courier any such notice, nor any defect in any notice so mailed or delivered by hand or overnight couriermailed, to any particular Holder shall affect the sufficiency of such notice with respect to other Holders. In case by reason of the suspension of publication of any Authorized Newspaper or Authorized Newspapers or by reason of any other cause it shall be impracticable to publish any notice to Holders of Bearer Securities as provided above, then such notification to Holders of Bearer Securities as the Company shall direct the Trustee in writing to give shall constitute sufficient notice to such Holders for every purpose hereunder. Neither the failure to give notice by publication to Holders of Bearer Securities as provided above, nor any defect in any notice so published, shall affect the sufficiency of any notice to Holders of Registered Securities given as provided herein. 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. Waivers of notice by Holders of Securities 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. In case by reason of the suspension of regular mail service or by reason of any other cause it shall be impracticable to give notice to Holders of Securities by mail, then such notification as shall be made with the approval of the Trustee shall constitute a sufficient notification for every purpose hereunder. In any case in which notice to Holders of Securities is given by mail, neither the failure to mail such notice, nor any defect in any notice so mailed, to any particular Holder of a Security, shall affect the sufficiency of such notice with respect to other Holders of Securities.
Appears in 2 contracts
Samples: First Supplemental Indenture (Washington Mutual Inc), Indenture Agreement (Washington Mutual Inc)
Notice to Holders; Waiver. Where this Indenture provides for notice of any event to Holders of any eventby 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 delivered by hand or overnight courier to each Holder affected by such event, at its address as it appears in the Security Register (or while any Securities are represented by one or more Global Securities, such notice shall be delivered to the Depositary for communication to entitled account Holders)Register, not later than the latest date (date, if any), and not earlier than the earliest date (date, if any), prescribed for the giving of such notice. Neither In any case where notice to Holders is given by mail, neither the failure to mail or deliver by hand or overnight courier any such notice, nor any defect in any notice so mailed or delivered by hand or overnight couriermailed, to any particular Holder shall affect the sufficiency of such notice with respect to other Holders. Any notice mailed to a Holder in the manner herein prescribed shall be conclusively deemed to have been received by such Holder when so mailed, 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. 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. In case by reason of the suspension of or irregularities in regular mail service or by reason of any other cause cause, it shall be impracticable to give mail notice of any event to Holders when such notice is required to be given pursuant to any provision of Securities by mailthis Indenture, then any manner of giving such notification notice as shall be made with the approval of satisfactory to the Trustee shall constitute be deemed to be a sufficient notification giving of such notice for every purpose hereunder. In any case in which notice to Holders So long as the Notes are listed on the Luxembourg Stock Exchange and if required by the rules of Securities is given by mailthe Luxembourg Stock Exchange, neither the failure to mail such notice, nor any defect in any notice so mailed, to any particular Holder of a Security, shall affect the sufficiency Company will make publication of such notice to the Holders of the Notes in a leading newspaper having general circulation in Luxembourg (which is expected to be the Luxembourg Wort) or, if such publication is not practicable, in one other leading daily newspaper with general circulation in Europe, such newspaper being published on each business day in morning editions, whether or not it shall be published in Saturday, Sunday or holiday editions. For so long as the Notes are listed on the Luxembourg Stock Exchange and if required by the rules of the Luxembourg Stock Exchange, a copy of all notices will be provided by the Company to the Luxembourg Stock Exchange. Holders may communicate pursuant to Section 312(b) of the Trust Indenture Act with other Holders with respect to other Holders their rights under this Indenture or the Notes. The Company, the Trustee, the Registrar and anyone else shall have the protection of SecuritiesSection 312(c) of the Trust Indenture Act.
Appears in 2 contracts
Samples: Indenture (Xerox Corp), Indenture (Xerox Corp)
Notice to Holders; Waiver. Where Unless otherwise provided in the Board Resolution authorizing a particular series of Securities in accordance with Section 301, where this Indenture provides for notice of any event to Holders of any eventSecurities by the Issuer or the Trustee, such notice shall be sufficiently given (unless otherwise herein expressly provided) if in writing and mailed, first-class postage prepaid, or delivered by hand or overnight courier to each such Holder affected by such event, at its his address as it appears in the Security Register (or while any Securities are represented by one or more Global Securities, such notice shall be delivered to the Depositary for communication to entitled account Holders)Register, not later than the latest date (if any)date, and not earlier than the earliest date (if any)date, prescribed for the giving of such notice. Neither In any case where notice to Holders is given by mail, neither the failure to mail or deliver by hand or overnight courier any such notice, nor any defect in any notice so mailed or delivered by hand or overnight couriermailed, to any particular Holder shall affect the sufficiency of such notice with respect to other HoldersHolders of 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. If by reason of the suspension of or irregularities in regular mail service or by reason of any other cause it shall be impracticable to give such notice by mail, then such notification to Holders as shall be made with the approval of the Trustee shall constitute a sufficient notification to such Holders for every purpose hereunder. 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. 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. In case by reason of the suspension of regular mail service or by reason of any other cause it shall be impracticable to give notice to Holders of Securities by mail, then such notification as shall be made with the approval of the Trustee shall constitute a sufficient notification for every purpose hereunder. In any case in which notice to Holders of Securities is given by mail, neither the failure to mail such notice, nor any defect in any notice so mailed, to any particular Holder of a Security, shall affect the sufficiency of such notice with respect to other Holders of Securities.
Appears in 2 contracts
Samples: Indenture (Rait Investment Trust), Indenture (Rait Investment Trust)
Notice to Holders; Waiver. Where this Indenture provides for notice to Holders (including any notice of any eventredemption), such notice shall be sufficiently given (unless otherwise herein expressly provided) if in writing (including facsimile or other electronic transmission) and mailed, first-class postage prepaid, or delivered by hand or overnight courier to each Holder affected by such evententitled thereto, at its his last address as it appears in the Security Register or if given to the applicable Depositary (or while any Securities are represented by one or more Global Securities, its designee) according to the applicable procedures of such Depositary. If such notice shall be or communication is mailed (or delivered by electronic transmission in accordance with the applicable procedures of the Depositary) in the manner provided above within the time prescribed herein, it is duly given, whether or not the addressee receives it. In any case where notice to the Depositary for communication to entitled account Holders)Holders is given, not later than the latest date (if any), and not earlier than the earliest date (if any), prescribed for the giving of such notice. Neither neither the failure to mail or deliver by hand or overnight courier any send such notice, nor any defect in any notice so mailed or delivered by hand or overnight couriersent, to any particular Holder shall affect the sufficiency of such notice with respect to other Holders. Where this Indenture provides for notice in any manner, such 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 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. In case by reason If the Company sends a notice or communication to Holders, it will send a copy to the Trustee and each agent at the same time. Notwithstanding any other provision of the suspension of regular mail service this Indenture or by reason any Security, where this Indenture or any Security provides for notice of any other cause it shall be impracticable to give notice to Holders of Securities by mail, then such notification as shall be made with the approval of the Trustee shall constitute a sufficient notification for every purpose hereunder. In any case in which notice to Holders of Securities is given by mail, neither the failure to mail such notice, nor any defect in event (including any notice so mailed, of redemption or purchase) to any particular a Holder of a SecurityGlobal Security (whether by mail or otherwise), shall affect the sufficiency of such notice with respect shall be sufficiently given if given to other Holders of Securitiesthe Depositary pursuant to the standing instructions from the Depositary. Notices given by first-class mail, postage prepaid, will be deemed given five calendar days after mailing.
Appears in 2 contracts
Samples: Indenture (Argo Blockchain PLC), Indenture (Argo Blockchain PLC)
Notice to Holders; Waiver. (a) Where this Indenture provides for notice to Holders of any event:
(i) if any of the Securities affected by such event are Registered Securities, such notice shall be sufficiently given (unless otherwise herein expressly providedprovided or unless otherwise specified in such Securities) if in writing and delivered in person, mailed, first-class postage prepaidprepaid or sent by overnight courier, or delivered by hand or overnight courier to each Holder affected by such event, at its his address as it appears in the Security Register Register, within the time prescribed for the giving of such notice, and
(or while ii) if any of the Securities affected by such event are represented by one or more Global Bearer Securities, such notice shall be delivered sufficiently given (unless otherwise herein expressly provided or unless otherwise specified in such Securities) if (A) published once in an Authorized Newspaper in New York City and London and, if applicable, in Luxembourg or such other place of publication as may be required pursuant to the Depositary for communication to entitled account Holders), not later than the latest date (if any)rules and regulations of any securities exchange on which such Securities are listed, and not earlier than (B) delivered in person, mailed, first-class postage prepaid or sent by overnight courier to such Persons whose names were previously filed with the earliest date (if any)Trustee, within the time prescribed for the giving of such notice. Neither 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 to Holders of Registered Securities in the manner specified above, then such notification as shall be made with the approval of the Trustee shall constitute a sufficient notification for every purpose hereunder. In case by reason of the suspension of publication of any Authorized Newspaper or Authorized Newspapers or by reason of any other cause it shall be impracticable to publish any notice to Holders of Bearer Securities as provided above, then such notification to Holders of Bearer Securities as shall be given with the approval of the Trustee shall constitute sufficient notice to such Holders for every purpose hereunder.
(b) In any case where notice to a Holder of Registered Securities is given in any manner specified in paragraph (a) above, such notice shall be conclusively presumed to have been duly given, whether or not such Holder receives such notice. In any case where notice to Holders of Registered Securities is given in any manner specified in paragraph (a) above, neither the failure to deliver, mail or deliver by hand or overnight courier any send such notice, nor any defect in any notice so mailed or delivered by hand or overnight couriersent, to any particular Holder of a Registered Security shall affect the sufficiency of such notice with respect to other HoldersHolders of Registered Securities or the sufficiency of any notice to Holders of Bearer Securities given as provided herein. Neither the failure to give notice by publication to Holders of Bearer Securities as provided in Paragraph (a) above, nor any defect in any notice so published, shall affect the sufficiency of any notice to Holders of Registered Securities given as provided herein.
(c) 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. Waivers of notice by Holders of Securities 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. In case by reason of the suspension of regular mail service or by reason of any other cause it shall be impracticable to give notice to Holders of Securities by mail, then such notification as shall be made with the approval of the Trustee shall constitute a sufficient notification for every purpose hereunder. In any case in which notice to Holders of Securities is given by mail, neither the failure to mail such notice, nor any defect in any notice so mailed, to any particular Holder of a Security, shall affect the sufficiency of such notice with respect to other Holders of Securities.
Appears in 2 contracts
Samples: Indenture (Manor Care Inc/New), Indenture (Manor Care Inc/New)
Notice to Holders; Waiver. Where this Indenture provides for notice to Holders of any event, (i) if any of the Securities affected by such event are registered Securities, such notice to the Holders thereof shall be sufficiently given (unless otherwise herein expressly provided) if in writing and mailed, first-class postage prepaid, or delivered by hand or overnight courier to each Holder such holder affected by such event, at its his address as it appears in the Security Register (or while any Securities are represented by one or more Global SecuritiesRegister, such notice shall be delivered to within the Depositary for communication to entitled account Holders), not later than the latest date (if any), and not earlier than the earliest date (if any), time prescribed for the giving of such notice and (ii) if any of the Securities affected by such event are Bearer Securities, notice to the Holders thereof shall be sufficiently given (unless otherwise herein or in the terms of such Bearer Securities expressly provided) if published once in an Authorized Newspaper in New York, New York, and in such other city or cities, if any, as may be specified in such Securities and, if the Securities of such series are listed on any stock exchange outside the United States, in any place at which such Securities are listed on a securities exchange to the extent that such securities exchange so requires, and mailed to such Persons whose names and addresses as were previously filed with the Trustee, within the time prescribed for giving such notice. Neither In any case where notice to Holders is given by mail, neither the failure to mail or deliver by hand or overnight courier any such notice, nor any defect in any notice so mailed or delivered by hand or overnight couriermailed, to any particular Holder shall affect the sufficiency of such notice with respect to other Holders. If it is impossible or, in the opinion of the Trustee, impracticable to give any notice by publication in the manner herein required, then such publication in lieu thereof as shall be made with the approval of the Trustee shall constitute a sufficient publication of such notice. 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 as provided above, then such notification as shall be made with the approval of the Trustee shall constitute a sufficient notification for every purpose hereunder. 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. 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. In case by reason Any request, demand, authorization, direction, notice, consent or waiver required or permitted under this Indenture shall be in the English language except that any published notice may be in an official language of the suspension country of regular mail service or by reason of any other cause it shall be impracticable to give notice to Holders of Securities by mail, then such notification as shall be made with the approval of the Trustee shall constitute a sufficient notification for every purpose hereunder. In any case in which notice to Holders of Securities is given by mail, neither the failure to mail such notice, nor any defect in any notice so mailed, to any particular Holder of a Security, shall affect the sufficiency of such notice with respect to other Holders of Securitiespublication.
Appears in 2 contracts
Samples: Indenture (News Corp), Indenture (News Corp)
Notice to Holders; Waiver. Where this Indenture or the Securities of any series provides for notice to Holders of the Securities of any series of any event, such notice shall be sufficiently given (unless otherwise herein expressly provided) if in writing and mailed, first-class postage prepaid, or delivered by hand or recognized overnight courier courier, to each Holder affected by such event, at its his address as it appears in the Security Register (or while any Securities are represented by one or more Global Securities, such notice shall be delivered to the Depositary for communication to entitled account Holders)Register, not later than the latest date (if any)date, and not earlier than the earliest date (if any)date, prescribed for the giving of such notice. Neither In any case where notice to Holders is given by mail, neither the failure to mail or deliver by hand or overnight courier any such notice, nor any defect in any notice so mailed or delivered by hand or overnight couriermailed, to any particular Holder shall affect the sufficiency of such notice with respect to other Holders. Any notice when mailed to a Holder in the aforesaid manner shall be conclusively deemed to have been received by such Holder whether or not actually received by such 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. 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. Notices to Holders of Bearer Securities shall be provided as may be specified pursuant to Section 3.1. In case by reason of the suspension of regular mail service or by reason of any other cause cause, it shall be impracticable to give mail notice to Holders of Securities any event as required by mailany provision of this Indenture, then any method of giving such notification notice as shall be made with the approval of reasonably satisfactory to the Trustee shall constitute be deemed to be a sufficient notification for every purpose hereunder. In any case in which notice to Holders giving of Securities is given by mail, neither the failure to mail such notice, nor any defect in any notice so mailed, to any particular Holder of a Security, shall affect the sufficiency of such notice with respect to other Holders of Securities.
Appears in 2 contracts
Samples: Indenture (Capital Automotive Reit), Indenture (Capital Automotive Reit)
Notice to Holders; Waiver. (a) Where this Indenture provides for notice to Holders of any event, such notice shall be sufficiently given (unless otherwise herein expressly providedprovided or unless otherwise specified in such Securities) if in writing and delivered in person, mailed, first-class postage prepaidprepaid or sent by overnight mail, or delivered by hand or overnight courier to each Holder affected by such event, at its his address as it appears in the Security Register (or while any Securities are represented by one or more Global SecuritiesRegister, such notice shall be delivered to within the Depositary for communication to entitled account Holders), not later than the latest date (if any), and not earlier than the earliest date (if any), time prescribed for the giving of such notice, and
(b) 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 to Holders in the manner specified above, then such notification as shall be made with the approval of the Trustee shall constitute a sufficient notification for every purpose hereunder.
(c) In any case where notice to a Holder is given in any manner specified in paragraph (a) above, such notice shall be conclusively presumed to have been duly given, whether or not such Holder receives such notice. Neither In any case where notice to Holders is given in any manner specified in paragraph (a) above, neither the failure to deliver, mail or deliver by hand or overnight courier any send such notice, nor any defect in any notice so mailed or delivered by hand or overnight couriersent, to any particular Holder shall affect the sufficiency of such notice with respect to other Holders. .
(d) 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. 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. In case by reason .
(e) Notwithstanding any other provision of the suspension of regular mail service this Indenture or by reason any Global Security, where this Indenture or any Global Security provides for notice of any event or any other cause it communication (including any notice of redemption or repurchase) to a holder of a Global Security (whether by mail or otherwise), such notice shall be impracticable sufficiently given if given to give notice the Depositary (or its designee) pursuant to Holders of Securities the standing instructions from the Depositary or its designee, including by mail, then such notification as shall be made electronic mail in accordance with accepted practices at the approval of the Trustee shall constitute a sufficient notification for every purpose hereunder. In any case in which notice to Holders of Securities is given by mail, neither the failure to mail such notice, nor any defect in any notice so mailed, to any particular Holder of a Security, shall affect the sufficiency of such notice with respect to other Holders of SecuritiesDepositary.
Appears in 2 contracts
Samples: Subordinated Indenture (Lincoln National Corp), Subordinated Indenture (Lincoln National Corp)
Notice to Holders; Waiver. Where this Indenture provides for notice to Holders of any eventevent to Holders, such notice shall be sufficiently given (unless otherwise herein expressly provided) if in writing and mailed, first-class postage prepaid, or delivered by hand or overnight courier to each Holder affected by such event, at its his address as it appears in the Security Register (or while any Securities are represented by one or more Global Securities, such notice shall be delivered to the Depositary for communication to entitled account Holders)Register, not later than the latest date (if any)date, and not earlier than the earliest date (if any)date, prescribed for the giving of such notice. Neither In any case where notice to Holders is given by mail, neither the failure to mail or deliver by hand or overnight courier any such notice, nor any defect in any notice so mailed or delivered by hand or overnight couriermailed, to any particular Holder shall affect the sufficiency of such notice with respect to other Holders. 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. 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. In case by reason of the suspension of or irregularities in regular mail service or by reason of any other cause cause, it shall be impracticable to give mail notice of any event to Holders when such notice is required to be given pursuant to any provision of Securities by mailthis Indenture, then any manner of giving such notification notice as shall be made with the approval of satisfactory to the Trustee shall constitute be deemed to be a sufficient notification giving of such notice for every purpose hereunder. In any case in which notice Any notices hereunder that are required to Holders be given to the Casino Control Commission shall be addressed to: Document Control Unit, Casino Control Commission, Tennessee Avenue and the Boardwalk, Arcade Building, Atlantic City, New Jersey 08401, Attention: Chief of Securities is Administrative Operations. Any notices hereunder that are required to be given by mailto the Division of Gaming Enforcement shall be addressed to: Division of Gaming Enforcement, neither 000 Xxxx Xxxxx Xxxxxx, XX-000, Xxxxxxx, Xxx Xxxxxx 00000, Attention: Deputy Director for the failure to mail such notice, nor any defect in any notice so mailed, to any particular Holder Division of a Security, shall affect the sufficiency of such notice with respect to other Holders of SecuritiesGaming Enforcement.
Appears in 2 contracts
Samples: Indenture (Gb Holdings Inc), Indenture (Gb Property Funding Corp)
Notice to Holders; Waiver. (a) Where this Indenture provides for notice to Holders of any event:
(i) if any of the Securities affected by such event are Registered Securities, such notice shall be sufficiently given (unless otherwise herein expressly providedprovided or unless otherwise specified in such Securities) if in writing and delivered in person, mailed, first-class postage prepaid, sent by overnight courier or delivered by hand or overnight courier electronically pursuant to the applicable procedures of the Common Depository for such Securities, to each Holder affected by such event, at its his address as it appears in the Security Register Register, within the time prescribed for the giving of such notice, and
(or while ii) if any of the Securities affected by such event are represented by one or more Global Bearer Securities, such notice shall be delivered sufficiently given (unless otherwise herein expressly provided or unless otherwise specified in such Securities) if (A) published once in an Authorized Newspaper in New York City and London and, if applicable, in such other place of publication as may be required pursuant to the Depositary for communication to entitled account Holders), not later than the latest date (if any)rules and regulations of any securities exchange on which such Securities are listed, and not earlier than (B) delivered in person, mailed, first-class postage prepaid, sent by overnight courier or delivered electronically pursuant to the earliest date (if any)applicable procedures of the Common Depository for such Bearer Securities to such Persons whose names were previously filed with the Trustee, within the time prescribed for the giving of such notice. Neither 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 to Holders of Registered Securities in the manner specified above, then such notification as shall be made with the approval of the Trustee shall constitute a sufficient notification for every purpose hereunder. In case by reason of the suspension of publication of any Authorized Newspaper or Authorized Newspapers or by reason of any other cause it shall be impracticable to publish any notice to Holders of Bearer Securities as provided above, then such notification to Holders of Bearer Securities as shall be given with the approval of the Trustee shall constitute sufficient notice to such Holders for every purpose hereunder.
(b) In any case where notice to a Holder of Registered Securities is given in any manner specified in paragraph (a) above, such notice shall be conclusively presumed to have been duly given, whether or not such Holder receives such notice. In any case where notice to Holders of Registered Securities is given in any manner specified in paragraph (a) above, neither the failure to deliver, mail or deliver by hand or overnight courier any send such notice, nor any defect in any notice so mailed or delivered by hand or overnight couriersent, to any particular Holder of a Registered Security shall affect the sufficiency of such notice with respect to other HoldersHolders of Registered Securities or the sufficiency of any notice to Holders of Bearer Securities given as provided herein. Neither the failure to give notice by publication to Holders of Bearer Securities as provided in paragraph (a) above, nor any defect in any notice so published, shall affect the sufficiency of any notice to Holders of Registered Securities given as provided herein.
(c) 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. Waivers of notice by Holders of Securities 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. In case by reason .
(d) Notwithstanding anything to the contrary herein, so long as any Securities are in global form, notice to the Holders of such Securities may be made electronically pursuant to the applicable procedures of the suspension of regular mail service or by reason of any other cause it shall be impracticable to give notice to Holders of Securities by mail, then such notification as shall be made with the approval of the Trustee shall constitute a sufficient notification for every purpose hereunder. In any case in which notice to Holders of Securities is given by mail, neither the failure to mail such notice, nor any defect in any notice so mailed, to any particular Holder of a Security, shall affect the sufficiency of such notice with respect to other Holders of SecuritiesCommon Depository.
Appears in 2 contracts
Samples: Indenture (Ibm Credit LLC), Indenture (Ibm Credit LLC)
Notice to Holders; Waiver. Where this Indenture provides for notice to Holders of any event, such notice shall be sufficiently given (unless otherwise herein expressly provided) if in writing and mailed, first-class postage prepaid, or delivered by hand or overnight courier to each Holder affected by such event, at its such Holder's address as it appears in the Security Register (or while any Securities are represented by one or more Global Securities, such notice shall be delivered to the Depositary for communication to entitled account Holders)Debenture Register, not later than the latest date (if any), and not earlier than the earliest date (if any), prescribed for the giving of such notice. Neither In any case where notice to Holders is given by mail, neither the failure to mail or deliver by hand or overnight courier any such notice, nor any defect in any notice so mailed or delivered by hand or overnight couriermailed, to any particular Holder shall affect the sufficiency of such notice with respect to other Holders. Any notice when mailed to a Holder in the aforesaid manner shall be deemed conclusively to have been received by such Holder whether or not actually received by such 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. 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. 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 to Holders of Securities by mail, then such notification as shall be made with the approval of the Trustee shall constitute a sufficient notification for every purpose hereunder. In Section 107. Conflict with Trust Indenture ActSection 107. Conflict with Trust Indenture Act. If any provision hereof limits, qualifies or conflicts with a provision of the Trust Indenture Act that is required under such Act to be a part of and govern this Indenture, the latter provision shall control. If any provision of this Indenture modifies or excludes any provision of the Trust Indenture Act that may be so modified or excluded, the latter provision shall be deemed to apply to this Indenture as so modified or to be excluded, as the case in which notice to Holders may be. Section 108. Effect of Securities is given by mail, neither Headings and Table of ContentsSection 108. Effect of Headings and Table of Contents. The Article and Section headings herein and the failure to mail such notice, nor any defect in any notice so mailed, to any particular Holder Table of a Security, Contents are for convenience only and shall not affect the sufficiency of such notice with respect to other Holders of Securitiesconstruction hereof.
Appears in 1 contract
Samples: Indenture (Cinergy Corp)
Notice to Holders; Waiver. Where this Indenture provides for notice of any event to Holders of any eventby the Issuers or the Trustee, such notice shall be sufficiently given (unless otherwise herein expressly provided) in accordance with the procedures of DTC or if in writing and mailed or e-mailed, first-class postage prepaidprepaid or by overnight air courier guaranteeing next day delivery, or delivered by hand or overnight courier to each Holder affected by such event, at its his address as it appears in the Security Register (or while any Securities are represented by one or more Global Securities, such notice shall be delivered to the Depositary for communication to entitled account Holders)Note Register, not later than the latest date (if any)date, and not earlier than the earliest date (if any)date, prescribed for the giving of such notice. Neither In any case where notice to Holders is given by mail, neither the failure to mail or deliver by hand or overnight courier any such notice, nor any defect in any notice so mailed or delivered by hand or overnight couriermailed, to any particular Holder shall affect the sufficiency of such notice with respect to other Holders. Notices given by publication shall be deemed given on the first date on which publication is made and notices given by first-class mail, postage prepaid, shall be deemed given five calendar days after mailing. In case by reason of the suspension of or irregularities in regular mail service or by reason of any other cause, it shall be impracticable to mail notice of any event to Holders when such notice is required to be given pursuant to any provision of this Indenture, 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 for every purpose hereunder. 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. 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. In case by reason of the suspension of regular mail service or by reason of any other cause it shall be impracticable to give notice to Holders of Securities by mail, then such notification as shall be made with the approval of the Trustee shall constitute a sufficient notification for every purpose hereunder. In any case in which notice to Holders of Securities is given by mail, neither the failure to mail such notice, nor any defect in any notice so mailed, to any particular Holder of a Security, shall affect the sufficiency of such notice with respect to other Holders of Securities.
Appears in 1 contract
Samples: Indenture (Aircastle LTD)
Notice to Holders; Waiver. Where When this Indenture provides for notice to Holders of any event, (1) such notice shall be sufficiently given to Registered Holders (unless otherwise herein expressly provided) if in writing and mailed, first-class postage prepaid, or delivered by hand or overnight courier to each Holder affected by such event, at its address Registered Holders as it appears their names and addresses appear in the Security Register Register, within the time prescribed, and (or while any Securities are represented by one or more Global Securities, 2) such notice shall be delivered sufficiently given to Holders of Bearer Securities or Coupons (unless otherwise herein expressly provided) if published at least twice in an Authorized Newspaper or Newspapers in The City of New York and, if Debt Securities of such series are then listed on The Stock Exchange of the Depositary for communication United Kingdom and the Republic of Ireland or the Luxembourg Stock Exchange or any other stock exchange located outside the United States and such stock exchange shall so require, in a daily newspaper in London or Luxembourg or in such other city or cities specified pursuant to entitled account Holders)Section 3.01 or in any Debt Security on Business Days, not later than the latest date (if any), and first such publication to be not earlier than the earliest date (if any), and not later than two Business Days prior to the latest date prescribed for the giving of such notice. Neither the failure to mail or deliver by hand or overnight courier any notice; provided, nor any defect however, that, in any case, any notice so mailed or delivered by hand or overnight courierto Holders of Floating Rate Securities regarding the determination of a periodic rate of interest, to any particular Holder shall affect the sufficiency of if such notice with respect is required pursuant to other Holders. Where this Indenture provides for notice in any mannerSection 3.01, 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 sufficiently given if given in 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 manner specified pursuant to the validity of any action taken in reliance upon such waiverSection 3.01. In case by reason the event of the suspension of regular mail service or by reason of any other cause it shall be impracticable to give notice to Holders of Securities by mail, then such notification as shall be made given with the approval of the Trustee shall constitute a sufficient notification notice for every purpose hereunder. In the event of suspension of publication of any case in which Authorized Newspapers or by reason of any other cause it shall be impracticable to give notice to Holders by publication, such notification as shall be given with the approval of Securities is given by mail, neither the failure to mail such notice, nor any defect in any Trustee shall constitute sufficient notice so mailed, to any particular Holder of a Security, shall affect the sufficiency of such notice with respect to other Holders of Securitiesfor every purpose hereunder.
Appears in 1 contract
Samples: Indenture (Prison Realty Trust Inc)
Notice to Holders; Waiver. Where this Indenture ------------------------- provides for notice to Holders of an event (i) if any eventof the Securities affected by such event are Registered Securities, such notice to the Holders thereof shall be sufficiently given (unless otherwise herein expressly provided) if in writing and mailed, mailed first-class postage prepaid, or delivered by hand or overnight courier prepaid to each such Holder affected by such event, at its his address as it appears in the Security Register (or while any Securities are represented by one or more Global Securities, such notice shall be delivered to within the Depositary for communication to entitled account Holders), not later than the latest date (if any), and not earlier than the earliest date (if any), time prescribed for the giving of such noticenotice and, (ii) if any of the Securities affected by such event are Bearer Securities, notice to the Holders thereof shall be sufficiently given (unless otherwise herein or in the terms of such Bearer Securities expressly provided) if published once in an Authorized Newspaper in New York, New York, and in such other city or cities, if any, as may be specified as contemplated by Section 3.01. Neither In any case where notice to Holders of Registered Securities is given by mail, neither the failure to mail or deliver by hand or overnight courier any such notice, nor any defect in any notice so mailed or delivered by hand or overnight couriermailed, to any particular Holder of a Registered Security shall affect the sufficiency of such notice with respect to other HoldersHolders of Registered Securities or the sufficiency of any notice to Holders of Bearer Securities given as provided herein. In any case where notice is given to Holders of Bearer Securities by publication, neither the failure to publish such notice, nor any defect in any notice so published, shall affect the sufficiency of such notice with respect to other Holders of Bearer Securities or the sufficiency of any notice with respect to any 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. If by reason of the suspension of regular mail service or by reason of any other cause it shall be impracticable to give such notice as provided above, then such notification as shall be made with the approval of the Trustee shall constitute a sufficient notification for every purpose hereunder with respect to a Holder of Registered Securities. If it is impossible or, in the opinion of the Trustee, impracticable to give any notice by publication in the manner herein required, then such publication in lieu thereof as shall be made with the approval of the Trustee shall constitute a sufficient publication of such notice with respect to a Holder of Bearer Securities. Any request, demand, authorization, direction, notice, consent or waiver required or permitted under this Indenture shall be in the English language, except that any published notice may be in an official language of the country of publication. 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, event and such waiver shall be 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. In case by reason of the suspension of regular mail service or by reason of any other cause it shall be impracticable to give notice to Holders of Securities by mail, then such notification as shall be made with the approval of the Trustee shall constitute a sufficient notification for every purpose hereunder. In any case in which notice to Holders of Securities is given by mail, neither the failure to mail such notice, nor any defect in any notice so mailed, to any particular Holder of a Security, shall affect the sufficiency of such notice with respect to other Holders of Securities.
Appears in 1 contract
Samples: Indenture (Metris Companies Inc)
Notice to Holders; Waiver. (a) Where this Indenture provides for notice to Holders of any event:
(i) if any of the Securities affected by such event are Registered Securities, such notice shall be sufficiently given (unless otherwise herein expressly providedprovided or unless otherwise specified in such Securities) if in writing and delivered in person, mailed, first-class postage prepaidprepaid or sent by overnight courier, or delivered by hand or overnight courier to each Holder affected by such event, at its his address as it appears in the Security Register Register, within the time prescribed for the giving of such notice, and
(or while ii) if any of the Securities affected by such event are represented by one or more Global Bearer Securities, such notice shall be delivered sufficiently given (unless otherwise herein expressly provided or unless otherwise specified in such Securities) if (A) published once in an Authorized Newspaper in New York City and London and, if applicable, in Luxembourg or such other place of publication as may be required pursuant to the Depositary for communication to entitled account Holders), not later than the latest date (if any)rules and regulations of any securities exchange on which such Securities are listed, and not earlier than (B) delivered in person, mailed, first-class postage prepaid or sent by overnight courier to such Persons whose names were previously filed with the earliest date (if any)Trustee, within the time prescribed for the giving of such notice. Neither 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 to Holders of Registered Securities in the manner specified above, then such notification as shall be made with the approval of the Trustee shall constitute a sufficient notification for every purpose hereunder. In case by reason of the suspension of publication of any Authorized Newspaper or Authorized Newspapers or by reason of any other cause it shall be impracticable to publish any notice to Holders of Bearer Securities as provided above, then such notification to Holders of Bearer Securities as shall be given with the approval of the Trustee shall constitute sufficient notice to such Holders for every purpose hereunder.
(b) In any case where notice to a Holder of Registered Securities is given in any manner specified in paragraph (a) above, such notice shall be conclusively presumed to have been duly given, whether or not such Holder receives such notice. In any case where notice to Holders of Registered Securities is given in any manner specified in paragraph (a) above, neither the failure to deliver, mail or deliver by hand or overnight courier any send such notice, nor any defect in any notice so mailed or delivered by hand or overnight couriersent, to any particular Holder of a Registered Security shall affect the sufficiency of such notice with respect to other HoldersHolders of Registered Securities or the sufficiency of any notice to Holders of Bearer Securities given as provided herein. Neither the failure to give notice by publication to Holders of Bearer Securities as provided in paragraph (a) above, nor any defect in any notice so published, shall affect the sufficiency of any notice to Holders of Registered Securities given as provided herein.
(c) 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. Waivers of notice by Holders of Securities 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. In case by reason of the suspension of regular mail service or by reason of any other cause it shall be impracticable to give notice to Holders of Securities by mail, then such notification as shall be made with the approval of the Trustee shall constitute a sufficient notification for every purpose hereunder. In any case in which notice to Holders of Securities is given by mail, neither the failure to mail such notice, nor any defect in any notice so mailed, to any particular Holder of a Security, shall affect the sufficiency of such notice with respect to other Holders of Securities.
Appears in 1 contract
Samples: Indenture (Washington Post Co)
Notice to Holders; Waiver. Where this Indenture provides for notice to Holders of any event, (i) if any of the Securities affected by such event are Registered Securities, such notice to the Holders thereof shall be sufficiently given (unless otherwise herein or in the terms of such Registered Security expressly provided) if in writing and sent by overnight delivery service or mailed, first-class postage prepaid, or delivered by hand or overnight courier to each such Holder affected by such eventsuch
1. In any case where notice to Holders is given by mail, at its address as it appears in the Security Register (or while any Securities are represented by one or more Global Securities, such notice shall be delivered to the Depositary for communication to entitled account Holders), not later than the latest date (if any), and not earlier than the earliest date (if any), prescribed for the giving of such notice. Neither neither the failure to mail or deliver by hand or overnight courier any such notice, nor any defect in any notice so mailed or delivered by hand or overnight couriermailed, to any particular Holder shall affect the sufficiency of such notice with respect to other HoldersHolders of Registered Securities or the sufficiency of any notice to Holders of Bearer Securities given as provided herein. In any case where notice is given to Holders by publication, neither the failure to publish such notice, nor any defect in any notice so published, shall affect the sufficiency of such notice with respect to other Holders of Bearer Securities or the sufficiency of any notice to 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. For the avoidance of doubt, notice to any Holder(s) of any Security that is issued in global form and registered in the name of a Depositary or a nominee thereof shall be sufficient in all respects if given in compliance with the rules, policies, procedures, practices or instructions of such Depositary. If by reason of the suspension of regular mail service or by reason of any other cause it shall be impracticable to give such notice as provided above, then such notification as shall be made with the approval of the Trustee shall constitute a sufficient notification for every purpose hereunder. If it is impossible or, in the opinion of the Trustee, impracticable to give any notice by publication in the manner herein required, then such publication in lieu thereof as shall be made with the approval of the Trustee shall constitute a sufficient publication of such notice. Any request, demand, authorization, direction, notice, consent or waiver required or permitted under this Indenture shall be in the English language, except that any published notice may be in an official language of the country of publication. 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. 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. In case by reason of the suspension of regular mail service or by reason of any other cause it shall be impracticable to give notice to Holders of Securities by mail, then such notification as shall be made with the approval of the Trustee shall constitute a sufficient notification for every purpose hereunder. In any case in which notice to Holders of Securities is given by mail, neither the failure to mail such notice, nor any defect in any notice so mailed, to any particular Holder of a Security, shall affect the sufficiency of such notice with respect to other Holders of Securities.
Appears in 1 contract
Samples: Indenture (Capital Markets Co)
Notice to Holders; Waiver. Where this Supplemental Indenture provides for notice of any event to Holders of any eventby 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 delivered by hand or overnight courier to each Holder affected by such event, at its his address as it appears in the Security Register (or while any Securities are represented by one or more Global Securities, such notice shall be delivered to the Depositary for communication to entitled account Holders)Register, not later than the latest date (if any), and not earlier than the earliest date (if any), prescribed for the giving of such notice. Neither In any case where notice to Holders is given by mail, neither the failure to mail or deliver by hand or overnight courier any such notice, nor any defect in any notice so mailed or delivered by hand or overnight couriermailed, to any particular Holder shall affect the sufficiency of such notice with respect to other Holders. 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 Supplemental 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. 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. In case case, by reason of the suspension of or irregularities in regular mail service or by reason of any other cause cause, it shall be impracticable to give mail notice of any event to Holders when such notice is required to be given pursuant to any provision of Securities by mailthis Supplement Indenture, then any manner of Table of Contents giving such notification notice as shall be made with the approval of satisfactory to the Trustee shall constitute be deemed to be a sufficient notification giving of such notice for every purpose hereunder. In addition, the Company shall publish any case notices to Holders as necessary, including in which English in the Financial Times, and The Wall Street Journal, provided that for so long as any Amortizing Bonds are represented by Global Notes, notices may be given by delivery of the relevant notice to Holders of Securities is given Euroclear and Clearstream, for communication by mail, neither the failure them to mail such notice, nor any defect their respective participants in substitution for publication in any such newspaper. If at any time publication in any such newspaper is not practicable, notices will be valid for the purposes of this section if published in an English language newspaper selected by the Company with general circulation in the market regions otherwise covered by the Financial Times and The Wall Street Journal. Any such notice so mailed, shall be deemed to any particular Holder of a Security, shall affect have been given on the sufficiency date of such notice with respect to other Holders of Securitiespublication or, if published more than once on different dates, on the first date on which publication is made.
Appears in 1 contract
Samples: Fourth Supplemental Indenture (Chartered Semiconductor Manufacturing LTD)
Notice to Holders; Waiver. Where this Indenture provides for notice to Holders of any event, (i) if any of the Securities affected by such event are Registered Securities, such notice to the Holders thereof shall be sufficiently given (unless otherwise herein or in the terms of such Securities expressly provided) if in writing and mailed, first-class postage prepaid, or delivered by hand or overnight courier to each such Holder affected by such event, at its his address as it appears in the Security Register (or while any Securities are represented by one or more Global SecuritiesRegister, such notice shall be delivered to within the Depositary for communication to entitled account Holders), not later than the latest date (if any), and not earlier than the earliest date (if any), time prescribed for the giving of such noticenotice and, (ii) if any of the Securities affected by such event are Bearer Securities, notice to the Holders thereof shall be sufficiently given (unless otherwise herein or in the terms of such Bearer Securities expressly provided) if published once in an Authorized Newspaper in [Los Angeles, California][Las Vegas, Nevada][New York, New York], and in such other city or cities, if any, as may be specified as contemplated by Section 3.1. Neither In any case where notice to Holders is given by mail, neither the failure to mail or deliver by hand or overnight courier any such notice, nor any defect in any notice so mailed or delivered by hand or overnight couriermailed, to any particular Holder shall affect the sufficiency of such notice with respect to other HoldersHolders of Registered Securities or the sufficiency of any notice to Holders of Bearer Securities given as provided herein. In any case where notice is given to Holders by publication, neither the failure to publish such notice, nor any defect in any notice so published, shall affect the sufficiency of such notice with respect to other Holders of Bearer Securities or the sufficiency of any notice to 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. If by reason of the suspension of regular mail service or by reason of any other cause it shall be impracticable to give such notice as provided above, then such notification as shall be made with the approval of the Trustee (such approval not to be unreasonably withheld) shall constitute a sufficient notification for every purpose hereunder. If it is impossible or, in the opinion of the Trustee, impracticable to give any notice by publication in the manner herein required, then such publication in lieu thereof as shall be made with the approval of the Trustee shall constitute a sufficient publication of such notice. Any request, demand, authorization, direction, notice, consent or waiver required or permitted under this Indenture shall be in the English language, except that any published notice may be in an official language of the country of publication. 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. 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. In case by reason of the suspension of regular mail service or by reason of any other cause it shall be impracticable to give notice to Holders of Securities by mail, then such notification as shall be made with the approval of the Trustee shall constitute a sufficient notification for every purpose hereunder. In any case in which notice to Holders of Securities is given by mail, neither the failure to mail such notice, nor any defect in any notice so mailed, to any particular Holder of a Security, shall affect the sufficiency of such notice with respect to other Holders of Securities.
Appears in 1 contract
Samples: Indenture (Netsol Technologies Inc)
Notice to Holders; Waiver. Where this Indenture provides for notice to Holders of any eventevent to Holders, such notice shall be sufficiently given (unless otherwise herein expressly provided) if in writing and mailed, first-first- class postage prepaid, or delivered by hand or overnight courier to each Holder affected by such event, at its his address as it appears in the Security Register (or while any Securities are represented by one or more Global Securities, such notice shall be delivered to the Depositary for communication to entitled account Holders)Register, not later than the latest date (if any)date, and not earlier than the earliest date (if any)date, prescribed for the giving of such notice. Neither In any case where notice to Holders is given by mail, neither the failure to mail or deliver by hand or overnight courier any such notice, nor any defect in any notice so mailed or delivered by hand or overnight couriermailed, to any particular Holder shall affect the sufficiency of such notice with respect to other Holders. 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. 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. In case by reason of the suspension of or irregularities in regular mail service or by reason of any other cause cause, it shall be impracticable to give mail notice of any event to Holders when such notice is required to be given pursuant to any provision of Securities by mailthis Indenture, then any manner of giving such notification notice as shall be made with the approval of satisfactory to the Trustee shall constitute be deemed to be a sufficient notification giving of such notice for every purpose hereunder. In any case in which notice Any notices hereunder that are required to Holders be given to the Casino Control Commission shall be addressed to: Document Control Unit, Casino Control Commission, Tennessee Avenue and the Xxxxxxxxx, Xxxxxx Xxxxxxxx, Xxxxxxxx Xxxx, Xxx Xxxxxx 00000, Attention: Chief of Securities is Administrative Operations. Any notices hereunder that are required to be given by mailto the Division of Gaming Enforcement shall be addressed to: Division of Gaming Enforcement, neither 000 Xxxx Xxxxx Xxxxxx, XX-000, Xxxxxxx, Xxx Xxxxxx 00000, Attention: Deputy Director for the failure to mail such notice, nor any defect in any notice so mailed, to any particular Holder Division of a Security, shall affect the sufficiency of such notice with respect to other Holders of SecuritiesGaming Enforcement.
Appears in 1 contract
Samples: Indenture (Atlantic Coast Entertainment Holdings Inc)
Notice to Holders; Waiver. Where this Indenture provides for notice to Holders of any event, such notice shall be sufficiently given (unless otherwise herein expressly provided) if in writing and mailed, first-class postage prepaidregistered mail, or delivered by hand or overnight courier return receipt requested, to each such Holder affected by such event, at its address as it appears in the Security Register (or while any Securities are represented by one or more Global Securities, such notice shall be delivered to the Depositary for communication to entitled account Holders)Register, not later than the latest date (if any), and not earlier than the earliest date (if any), prescribed for the giving of such noticenotice and, in those cases where notice by publication is expressly permitted or expressly required by the terms of this Indenture or the TIA, such notice shall be sufficiently given (unless otherwise herein expressly provided) if published once in an Authorized Newspaper. Neither In any case where notice to Holders is given by mail, neither the failure to mail or deliver by hand or overnight courier any such notice, nor any defect in any notice so mailed or delivered by hand or overnight couriermailed, to any particular Holder shall affect the sufficiency of such notice with respect to other HoldersHolders given as provided herein. In any case where notice is given to any Holder by publication pursuant to the express provisions of this Indenture (unless otherwise herein expressly provided), neither the failure to publish such notice, nor any defect in any notice so published, shall affect the sufficiency of any notice by mail to other Holders 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. If by reason of the suspension of regular mail service or by reason of any other cause it shall be impracticable to give such notice as provided above, then such notification as shall be made with the approval of the Trustee shall constitute a sufficient notification for every purpose hereunder. If it is impossible or, in the opinion of the Trustee, impracticable to give any notice by publication in the manner herein required, then such publication in lieu thereof as shall be made with the approval of the Trustee shall constitute a sufficient publication of such notice. Any request, demand, authorization, direction, notice, consent or waiver required or permitted under this Indenture shall be in the English language. 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. 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. In case by reason of the suspension of regular mail service or by reason of any other cause it shall be impracticable to give notice to Holders of Securities by mail, then such notification as shall be made with the approval of the Trustee shall constitute a sufficient notification for every purpose hereunder. In any case in which notice to Holders of Securities is given by mail, neither the failure to mail such notice, nor any defect in any notice so mailed, to any particular Holder of a Security, shall affect the sufficiency of such notice with respect to other Holders of Securities.
Appears in 1 contract
Samples: Indenture (Ual Corp /De/)
Notice to Holders; Waiver. Where this Indenture provides for notice to Holders of any event, (i) if any of the Securities affected by such event are Registered Securities, such notice to the Holders thereof shall be sufficiently given (unless otherwise herein expressly provided) if in writing and mailed, first-class postage prepaid, or delivered by hand or overnight courier to each Holder affected by at such event, at its Holder's address as it appears in the Security Register (or while any Securities are represented by one or more Global SecuritiesRegister, such notice shall be delivered to within the Depositary for communication to entitled account Holders), not later than the latest date (if any), and not earlier than the earliest date (if any), time prescribed for the giving of such notice and (ii) if any of the Securities affected by such event are Bearer Securities, notice to the Holders thereof shall be sufficiently given (unless otherwise herein or in the terms of such Bearer Securities expressly provided) if published once in an Authorized Newspaper in the Borough of Manhattan, the City of New York, New York, and in such other city or cities, if any, as may be specified in such Securities and, if the Securities of such series are listed on any stock exchange outside the United States, in any place at which such Securities are listed on a securities exchange to the extent that such securities exchange so requires, and mailed to such Persons whose names and addresses were previously filed with the Trustee, within the time prescribed for giving such notice. Neither In any case where notice to Holders is given by mail, neither the failure to mail or deliver by hand or overnight courier any such notice, nor any defect in any notice so mailed or delivered by hand or overnight couriermailed, to any particular Holder shall affect the sufficiency of such notice with respect to other Holders. If it is impossible or, in the opinion of the Trustee, impracticable to give any notice by publication in the manner herein required, then such publication in lieu thereof as shall be made with the approval of the Trustee shall constitute a sufficient publication of such notice. 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 as provided above, then such notification as shall be made with the approval of the Trustee shall constitute a sufficient notification for every purpose hereunder. 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. 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. In case by reason of the suspension of regular mail service or by reason of any other cause it shall be impracticable to give notice to Holders of Securities by mail, then such notification as shall be made with the approval of the Trustee shall constitute a sufficient notification for every purpose hereunder. In any case in which notice to Holders of Securities is given by mail, neither the failure to mail such notice, nor any defect in any notice so mailed, to any particular Holder of a Security, shall affect the sufficiency of such notice with respect to other Holders of Securities.
Appears in 1 contract
Notice to Holders; Waiver. Where this Indenture Guarantee provides for notice of any event to the Holders of any eventSeries 8 Preferred LP Units by the Guarantors or the Security Trustee, such notice shall be sufficiently given (unless otherwise herein expressly provided) if in writing and mailed, first-class postage prepaid, or delivered by hand or overnight courier to each Holder affected by such event, at its the Holder’s address as it appears in the Security Register (or while any Securities are represented list of Holders as provided by one or more Global Securities, such notice shall be delivered to the Depositary for communication to entitled account Holders)BREP, not later than the latest date (if any)date, and not earlier than the earliest date (if any)date, prescribed for the giving of such noticenotice or in any other manner from time to time permitted by applicable laws, including, without limitation, internet-based or other electronic communications. Neither In any case where notice to the Holders of Series 8 Preferred LP Units is given by mail, neither the accidental failure to mail or deliver by hand or overnight courier any such notice, nor any defect in any notice so mailed or delivered by hand or overnight couriermailed, to any particular Holder shall affect the sufficiency of such notice with respect to other HoldersHolders of Series 8 Preferred LP Units, but upon such failure to mail or such defect in any notice so mailed being discovered, the notice (as corrected to address any defects) shall be mailed forthwith to such Holder. 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. Any request, demand, authorization, direction, notice, consent or waiver required or permitted under this Guarantee shall be in the English language. Where this Indenture Guarantee 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 Holders shall be filed with the Security Trustee, but such filing shall not be a condition precedent to the validity of any action taken in reliance upon such waiver. In case by reason of the suspension of regular mail service or by reason of any other cause it shall be impracticable to give notice to Holders of Securities by mail, then such notification as shall be made with the approval of the Trustee shall constitute a sufficient notification for every purpose hereunder. In any case in which notice to Holders of Securities is given by mail, neither the failure to mail such notice, nor any defect in any notice so mailed, to any particular Holder of a Security, shall affect the sufficiency of such notice with respect to other Holders of Securities.
Appears in 1 contract
Samples: Guarantee Indenture (Brookfield Renewable Energy Partners L.P.)
Notice to Holders; Waiver. Where When this Indenture provides for notice to Holders of any event, (1) such notice shall be sufficiently given to Registered Holders (unless otherwise herein expressly provided) if in writing and mailed, first-class postage prepaid, to such Registered Holders as their names and
1. In the event of suspension of regular mail service or delivered by hand or overnight courier reason of any other cause it shall be impracticable to each Holder affected give notice by such event, at its address as it appears in the Security Register (or while any Securities are represented by one or more Global Securitiesmail, such notification as the Company shall reasonably determine be given with the approval of the Trustee shall constitute sufficient notice for every purpose hereunder. In the event of suspension of publication of any Authorized Newspapers or by reason of any other cause it shall be delivered impracticable to give notice by publication, such notification as shall be given with the Depositary approval of the Trustee shall constitute sufficient notice for communication to entitled account Holders), not later than the latest date (if any), and not earlier than the earliest date (if any), prescribed for the giving of such notice. Neither the failure to mail or deliver by hand or overnight courier any notice, nor any defect in any notice so mailed or delivered by hand or overnight courier, to any particular Holder shall affect the sufficiency of such notice with respect to other Holdersevery purpose hereunder. 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. 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 on such waiver. In any case by reason of the suspension of regular mail service or by reason of any other cause it shall be impracticable to give where notice to Holders of Securities by mail, then such notification as shall be made with the approval of the Trustee shall constitute a sufficient notification for every purpose hereunder. In any case in which notice to Holders of Securities is given by mail, neither the failure to mail such notice, notice nor any defect in any notice so mailed, mailed to any particular Holder of a Security, shall affect the sufficiency of such notice with respect to other Holders, and any notice which is mailed in the manner herein provided shall be conclusively presumed to have been duly given. In any case where notice to Holders is given by publication, any defect in any notice so published as to any particular Holder shall not affect the sufficiency of Securitiessuch notice with respect to other Holders, and any notice which is published in the manner herein provided shall be conclusively presumed to have been duly given.
Appears in 1 contract
Samples: Subordinated Indenture (Talx Corp)
Notice to Holders; Waiver. Where this Indenture Guarantee provides for notice of any event to the Holders of any eventSeries 5 Preferred LP Units by the Guarantors or the Security Trustee, such notice shall be sufficiently given (unless otherwise herein expressly provided) if in writing and mailed, first-class postage prepaid, or delivered by hand or overnight courier to each Holder affected by such event, at its the Holder’s address as it appears in the Security Register (or while any Securities are represented list of Holders as provided by one or more Global Securities, such notice shall be delivered to the Depositary for communication to entitled account Holders)BREP, not later than the latest date (if any)date, and not earlier than the earliest date (if any)date, prescribed for the giving of such noticenotice or in any other manner from time to time permitted by applicable laws, including, without limitation, internet-based or other electronic communications. Neither In any case where notice to the Holders of Series 5 Preferred LP Units is given by mail, neither the accidental failure to mail or deliver by hand or overnight courier any such notice, nor any defect in any notice so mailed or delivered by hand or overnight couriermailed, to any particular Holder shall affect the sufficiency of such notice with respect to other HoldersHolders of Series 5 Preferred LP Units, but upon such failure to mail or such defect in any notice so mailed being discovered, the notice (as corrected to address any defects) shall be mailed forthwith to such Holder. 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. Any request, demand, authorization, direction, notice, consent or waiver required or permitted under this Guarantee shall be in the English language. Where this Indenture Guarantee 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 Holders shall be filed with the Security Trustee, but such filing shall not be a condition precedent to the validity of any action taken in reliance upon such waiver. In case by reason of the suspension of regular mail service or by reason of any other cause it shall be impracticable to give notice to Holders of Securities by mail, then such notification as shall be made with the approval of the Trustee shall constitute a sufficient notification for every purpose hereunder. In any case in which notice to Holders of Securities is given by mail, neither the failure to mail such notice, nor any defect in any notice so mailed, to any particular Holder of a Security, shall affect the sufficiency of such notice with respect to other Holders of Securities.
Appears in 1 contract
Samples: Guarantee Indenture (Brookfield Renewable Energy Partners L.P.)
Notice to Holders; Waiver. Where this Indenture provides for notice to Holders of any event, such notice shall be sufficiently given (unless otherwise herein expressly provided) if in writing and mailed, first-class postage prepaid, or delivered by hand or overnight courier to each Holder affected by such event, at its such Holder's address as it appears in the Security Register (or while any Securities are represented by one or more Global Securities, such notice shall be delivered to the Depositary for communication to entitled account Holders)Debenture Register, not later than then the latest date (if any), and not earlier than the earliest date (if any), prescribed for the giving of such notice. Neither In any case where notice to Holders is given by mail, neither the failure to mail or deliver by hand or overnight courier any such notice, nor any defect in any notice so mailed or delivered by hand or overnight couriermailed, to any particular Holder shall affect the sufficiency of such notice with respect to other Holders. Any notice when mailed to a Holder in the aforesaid manner shall be deemed conclusively to have been received by such Holder whether or not actually received by such 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. 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. 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 to Holders of Securities by mail, then such notification as shall be made with the approval of the Trustee shall constitute a sufficient notification for every purpose hereunder. In Section 107. Conflict with Trust Indenture ActSection 107. Conflict with Trust Indenture Act. If any provision hereof limits, qualifies or conflicts with a provision of the Trust Indenture Act that is required under such Act to be a part of and govern this Indenture, the latter provision shall control. If any provision of this Indenture modifies or excludes any provision of the Trust Indenture Act that may be so modified or excluded, the latter provision shall be deemed to apply to this Indenture as so modified or to be excluded, as the case in which notice to Holders may be. Section 108. Effect of Securities is given by mail, neither Headings and Table of ContentsSection 108. Effect of Headings and Table of Contents. The Article and Section headings herein and the failure to mail such notice, nor any defect in any notice so mailed, to any particular Holder Table of a Security, Contents are for convenience only and shall not affect the sufficiency of such notice with respect to other Holders of Securitiesconstruction hereof.
Appears in 1 contract
Samples: Indenture (Cinergy Corp)
Notice to Holders; Waiver. Where this Indenture provides for notice to Holders of any event, (i) if any of the Securities affected by such event are Registered Securities, such notice to the Holders thereof shall be sufficiently given (unless otherwise herein expressly provided) if in writing and mailed, first-class postage prepaid, or delivered by hand or overnight courier to each such Holder affected by such event, at its his or her address as it appears in the Security Register (or while any Securities are represented by one or more Global SecuritiesRegister, such notice shall be delivered to within the Depositary for communication to entitled account Holders), not later than the latest date (if any), and not earlier than the earliest date (if any), time prescribed for the giving of such notice, and (ii) if any of the Securities affected by such event are Bearer Securities, notice to the Holders thereof shall be sufficiently given (unless otherwise herein or in the terms of such Bearer Securities expressly provided) if published once in an Authorized Newspaper in New York, New York, and in such other city or cities, if any, as may be specified as contemplated by Section 3.1. Neither Such notices shall be deemed to have been given on the date of such mailing or publication. In any case where notice to Holders is given by mail or by publication, neither the failure to mail or deliver by hand or overnight courier any publish such notice, nor any defect in any notice so mailed or delivered by hand or overnight courierpublished, to any particular Holder shall affect the sufficiency of such notice with respect to other HoldersHolders of Registered Securities or of Bearer Securities. 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. If by reason of the suspension of regular mail service or by reason of any other cause it shall be impracticable to give such notice as provided above, then such notification as shall be made with the approval of the Trustee shall constitute a sufficient notification for every purpose hereunder. If it is impossible or, in the opinion of the Trustee, impracticable to give any notice by publication in the manner herein required, then such publication in lieu thereof as shall be made with the approval of the Trustee shall constitute a sufficient publication of such notice. Any request, demand, authorization, direction, notice, consent or waiver required or permitted under this Indenture shall be in the English language, except that any published notice may be in an official language of the country of publication. 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. 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. 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 to Holders of Securities by mail, then such notification as shall be made with the approval of the Trustee shall constitute a sufficient notification for every purpose hereunder. In any case in which notice to Holders of Securities is given by mail, neither the failure to mail such notice, nor any defect in any notice so mailed, to any particular Holder of a Security, shall affect the sufficiency of such notice with respect to other Holders of Securities.
Appears in 1 contract
Samples: Senior Indenture (Eastern Environmental Services Inc)
Notice to Holders; Waiver. Where this Indenture provides for notice to Holders of any event, (1) if any of the Securities affected by such event are Fully Registered Securities, such notice shall be sufficiently given (unless otherwise herein expressly provided) if in writing and mailedmailed by first class mail, first-class postage prepaid, or delivered by hand or overnight courier to each Holder such Holders as their names and addresses appear in the Securities Register within the time prescribed and (2) if any of the Securities affected by such eventevent are Unregistered Securities, at its address as it appears in the Security Register (or while any Securities are represented by one or more Global Coupon Securities, such notice shall be delivered sufficiently given (unless otherwise herein expressly provided) if in writing and mailed by first class mail, postage prepaid, to such Holders in the manner and to the Depositary for communication extent provided in sec. 7.04(c) and if 102 92 published in an Authorized Newspaper or Newspapers in such city or cities as may be provided elsewhere in this Indenture or specified as contemplated by sec.
3.01 on a Business Day at least twice, the first such publication to entitled account Holders), be not earlier than the earliest date and not later than the latest date (if any), and not earlier than the earliest date (if any), prescribed for the giving of such notice. Neither the failure to mail or deliver by hand or overnight courier any notice, nor any defect in any notice so mailed or delivered by hand or overnight courier, to any particular Holder shall affect the sufficiency of such notice with respect to other Holders. 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. 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 on such waiver. In any case by reason of the suspension of regular mail service or by reason of any other cause it shall be impracticable to give where notice to Holders of Securities by mail, then such notification as shall be made with the approval of the Trustee shall constitute a sufficient notification for every purpose hereunder. In any case in which notice to Holders of Securities is given by mail, neither the failure to mail such notice, nor any defect in any notice so mailed, mailed to any particular Holder of a Security, shall affect the sufficiency of such notice with respect to other Holders, and any notice which is mailed in the manner herein provided shall be conclusively presumed to have been duly given. In case by reason of the suspension of publication of any Authorized Newspapers or by reason of any other cause it shall be impracticable to publish any notice to Holders of SecuritiesUnregistered Securities or of Coupons as provided above then said notification to Holders of Unregistered Securities or of Coupons as shall be given with the approval of the Trustee shall constitute sufficient notice to such Holders for every purpose hereunder. sec.
Appears in 1 contract
Samples: Indenture Agreement (Associates First Capital Corp)
Notice to Holders; Waiver. Where this Indenture Guarantee provides for notice of any event to the Holders of any eventSeries 15 Preferred LP Units by the Guarantors or the Security Trustee, such notice shall be sufficiently given (unless otherwise herein expressly provided) if in writing and mailed, first-class postage prepaid, or delivered by hand or overnight courier to each Holder affected by such event, at its the Holder’s address as it appears in the Security Register (or while any Securities are represented list of Holders as provided by one or more Global Securities, such notice shall be delivered to the Depositary for communication to entitled account Holders)Partnership, not later than the latest date (if any)date, and not earlier than the earliest date (if any)date, prescribed for the giving of such noticenotice or in any other manner from time to time permitted by applicable laws, including, without limitation, internet-based or other electronic communications. Neither In any case where notice to the Holders of Series 15 Preferred LP Units is given by mail, neither the accidental failure to mail or deliver by hand or overnight courier any such notice, nor any defect in any notice so mailed or delivered by hand or overnight couriermailed, to any particular Holder shall affect the sufficiency of such notice with respect to other HoldersHolders of Series 15 Preferred LP Units, but upon such failure to mail or such defect in any notice so mailed being discovered, the notice (as corrected to address any defects) shall be mailed forthwith to such Holder. 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. Any request, demand, authorization, direction, notice, consent or waiver required or permitted under this Guarantee shall be in the English language. Where this Indenture Guarantee 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 Holders shall be filed with the Security Trustee, but such filing shall not be a condition precedent to the validity of any action taken in reliance upon such waiver. In case by reason of the suspension of regular mail service or by reason of any other cause it shall be impracticable to give notice to Holders of Securities by mail, then such notification as shall be made with the approval of the Trustee shall constitute a sufficient notification for every purpose hereunder. In any case in which notice to Holders of Securities is given by mail, neither the failure to mail such notice, nor any defect in any notice so mailed, to any particular Holder of a Security, shall affect the sufficiency of such notice with respect to other Holders of Securities.
Appears in 1 contract
Samples: Guarantee Indenture (Brookfield Renewable Partners L.P.)
Notice to Holders; Waiver. Where this Indenture provides for notice of any event to Holders of by the Company, any eventGuarantor or the Trustee, such notice shall be sufficiently given (unless otherwise herein expressly provided) if in writing and mailed, first-class postage prepaid, or delivered by hand or overnight courier to each Holder affected by such event, at its his address as it appears in the Security Register (or while any Securities are represented by one or more Global Securities, such notice shall be delivered to the Depositary for communication to entitled account Holders)Note Register, not later than the latest date (if any)date, and not earlier than the earliest date (if any)date, prescribed for the giving of such notice. Any notice or communication will also be so mailed to any Person described in TIA Section 313(c), to the extent required by the TIA. Neither the failure to mail or deliver by hand or overnight courier any such notice, nor any defect in any notice so mailed or delivered by hand or overnight couriermailed, to any particular Holder shall affect the sufficiency of such notice with respect to other Holders. 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. 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. In case by reason of the suspension of or irregularities in regular mail service or by reason of any other cause cause, it shall be impracticable to give mail notice of any event to Holders when such notice is required to be given pursuant to any provision of Securities by mailthis Indenture, then any manner of giving such notification notice as shall be made with the approval of satisfactory to the Trustee shall constitute be deemed to be a sufficient notification giving of such notice for every purpose hereunder. In If the Company or any case in which notice to Holders of Securities is given by mail, neither the failure to mail such notice, nor any defect in Guarantor mails any notice so mailed, or communication to any particular Holder of Holder, it shall mail a Security, shall affect copy to each Agent and the sufficiency of such notice with respect to other Holders of SecuritiesTrustee at the same time.
Appears in 1 contract
Samples: Indenture (Rent a Center Inc De)
Notice to Holders; Waiver. Where this Indenture provides for notice of any event to Holders of any eventby 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 delivered by hand or overnight courier to each Holder affected by such event, at its his address as it appears in the Security Register (or while any Securities are represented by one or more Global SecuritiesNote Register, such notice shall be delivered to within the Depositary for communication to entitled account Holders), not later than the latest date (if any), and not earlier than the earliest date (if any), time prescribed for the giving of such notice. Neither In any case where notice to Holders is given by mail, neither the failure to mail or deliver by hand or overnight courier any such notice, nor any defect in any notice so mailed or delivered by hand or overnight couriermailed, to any particular Holder shall affect the sufficiency of such notice with respect to other Holders. Notices given by publication shall be deemed given on the first date on which publication is made and notices given by first-class mail, postage prepaid, shall be deemed given five calendar days after mailing. In case by reason of the suspension of or irregularities in regular mail service or by reason of any other cause, it shall be impracticable to mail notice of any event to Holders when such notice is required to be given pursuant to any provision of this Indenture, 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 for every purpose hereunder. 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. 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. In case by reason Notwithstanding any other provision of this Indenture or any Note, subject to the requirements of the suspension of regular mail service TIA, where this Indenture or by reason any Note provides for notice of any other cause it event (including any notice of redemption) to any Holder of an interest in a global note (whether by mail or otherwise), such notice shall be impracticable sufficiently given if given to give notice the Depository or any other applicable depositary for such note (or its designee) according to Holders of Securities by mail, then such notification as shall be made with the approval applicable procedures of the Trustee shall constitute a sufficient notification for every purpose hereunder. In any case in which notice to Holders of Securities is given by mail, neither the failure to mail Depository or such notice, nor any defect in any notice so mailed, to any particular Holder of a Security, shall affect the sufficiency of such notice with respect to other Holders of Securitiesdepositary.
Appears in 1 contract
Samples: Indenture (Kaiser Aluminum Corp)
Notice to Holders; Waiver. Where this Indenture provides for notice to Holders of any event, such notice shall be sufficiently given (unless otherwise herein expressly provided) if in writing and mailed, first-class postage prepaidprepaid at the expense of the Issuer, or delivered by hand or overnight courier to each Holder affected by such event, at its his address as it appears in the Security Register (or while any Securities are represented by one or more Global Securities, such notice shall be delivered to the Depositary for communication to entitled account Holders)Register, not later than the latest date (if any), and not earlier than the earliest date (if any), prescribed for the giving of such notice. Neither In any case where notice to Holders is given by mail, neither the failure to mail or deliver by hand or overnight courier any such notice, nor any defect in any notice so mailed or delivered by hand or overnight couriermailed, to any particular Holder shall affect the sufficiency of such notice with respect to other Holders. 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. 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. For so long as any Securities are listed on any securities exchange, the Issuer shall publish such notices as may be required by the rules and regulations of such securities exchange. 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 to Holders of Securities by mail, then such notification as shall be made with the approval of the Trustee shall constitute a sufficient notification for every purpose hereunder. In The Issuer may use “CUSIP” and “ISIN” numbers (if then generally in use), and, if so, the Trustee shall use “CUSIP” and “ISIN” numbers in notices as a convenience to Holders; provided that any case such notice may state that no representation is made as to the correctness of such numbers either as printed on the Securities or as contained in which any notice and that reliance may be placed only on the other identification numbers printed on the Securities, and any such notice to Holders of Securities is given shall not be affected by mail, neither the failure to mail such notice, nor any defect in any notice so mailed, to any particular Holder of a Security, shall affect the sufficiency or omission of such notice with respect to other Holders numbers. The Issuer shall promptly notify the Trustee in writing of Securitiesany change in the “CUSIP” or “ISIN” numbers.
Appears in 1 contract
Samples: Indenture (WPP Air 1 LTD)
Notice to Holders; Waiver. Where this Indenture provides for notice to Holders of any event, (1) if any of the Securities affected by such event are Fully Registered Securities, such notice shall be sufficiently given (unless otherwise herein expressly provided) if in writing and mailedmailed by first class mail, first-class postage prepaid, or delivered by hand or overnight courier to each Holder such Holders as their names and addresses appear in the Securities Register within the time prescribed and (2) if any of 102 92 the Securities affected by such eventevent are Unregistered Securities, at its address as it appears in the Security Register (or while any Securities are represented by one or more Global Coupon Securities, such notice shall be delivered sufficiently given (unless otherwise herein expressly provided) if in writing and mailed by first class mail, postage prepaid, to such Holders in the manner and to the Depositary for communication extent provided in Sec. 7.04(c) and if published in an Authorized Newspaper or Newspapers in such city or cities as may be provided elsewhere in this Indenture or specified as contemplated by Sec.
3.01 on a Business Day at least twice, the first such publication to entitled account Holders), be not earlier than the earliest date and not later than the latest date (if any), and not earlier than the earliest date (if any), prescribed for the giving of such notice. Neither the failure to mail or deliver by hand or overnight courier any notice, nor any defect in any notice so mailed or delivered by hand or overnight courier, to any particular Holder shall affect the sufficiency of such notice with respect to other Holders. 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. 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 on such waiver. In any case by reason of the suspension of regular mail service or by reason of any other cause it shall be impracticable to give where notice to Holders of Securities by mail, then such notification as shall be made with the approval of the Trustee shall constitute a sufficient notification for every purpose hereunder. In any case in which notice to Holders of Securities is given by mail, neither the failure to mail such notice, nor any defect in any notice so mailed, mailed to any particular Holder of a Security, shall affect the sufficiency of such notice with respect to other Holders, and any notice which is mailed in the manner herein provided shall be conclusively presumed to have been duly given. In case by reason of the suspension of publication of any Authorized Newspapers or by reason of any other cause it shall be impracticable to publish any notice to Holders of SecuritiesUnregistered Securities or of Coupons as provided above then said notification to Holders of Unregistered Securities or of Coupons as shall be given with the approval of the Trustee shall constitute sufficient notice to such Holders for every purpose hereunder. Sec.
Appears in 1 contract
Notice to Holders; Waiver. Where When this Indenture provides for notice to Holders holders of any event, such notice shall be sufficiently given to holders (unless otherwise herein expressly provided) if in writing and mailed, first-class postage prepaid, or delivered by hand or overnight courier to each Holder affected by such event, at its address holders as it appears their names and addresses appear in the Security Register (Register, within the time prescribed; provided, however, that, in any case, any notice to holders of Floating Rate Securities regarding the determination of a periodic rate of -77-
1. In the event of suspension of regular mail service or while by reason of any Securities are represented other cause it shall be impracticable to give notice by one or more Global Securitiesmail, such notice notification as shall be delivered given with the approval of the Trustee shall constitute sufficient notice for every purpose hereunder. In the event of suspension of publication of any Authorized Newspapers or by reason of any other cause it shall be impracticable to give notice by publication, such notification as shall be given with the Depositary approval of the Trustee shall constitute sufficient notice for communication to entitled account Holders), not later than the latest date (if any), and not earlier than the earliest date (if any), prescribed for the giving of such notice. Neither the failure to mail or deliver by hand or overnight courier any notice, nor any defect in any notice so mailed or delivered by hand or overnight courier, to any particular Holder shall affect the sufficiency of such notice with respect to other Holdersevery purpose hereunder. 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. Waivers of notice by Holders 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 on such waiver. In any case by reason of the suspension of regular mail service or by reason of any other cause it shall be impracticable to give where notice to Holders of Securities by mail, then such notification as shall be made with the approval of the Trustee shall constitute a sufficient notification for every purpose hereunder. In any case in which notice to Holders of Securities holders is given by mail, neither the failure to mail such notice, notice nor any defect in any notice so mailed, mailed to any particular Holder of a Security, holder shall affect the sufficiency of such notice with respect to other Holders holders, and any notice which is mailed in the manner herein provided shall be conclusively presumed to have been duly given. In any case where notice to holders is given by publication, any defect in any notice so published as to any particular holder shall not affect the sufficiency of Securitiessuch notice with respect to other holders, and any notice which is published in the manner herein provided shall be conclusively presumed to have been duly given.
Appears in 1 contract
Samples: Indenture (Biloxi Casino Corp)
Notice to Holders; Waiver. Where this Indenture Guarantee provides for notice of any event to the Holders of any eventSeries 3 Shares by the Guarantors or the Security Trustee, such notice shall be sufficiently given (unless otherwise herein expressly provided) if in writing and mailed, first-class postage prepaid, or delivered by hand or overnight courier to each such Holder affected by such event, at its the Holder’s address as it appears in the Security Register (or while any Securities are represented list of Holders as provided by one or more Global Securities, such notice shall be delivered to the Depositary for communication to entitled account Holders)Corporation, not later than the latest date (if any)date, and not earlier than the earliest date (if any)date, prescribed for the giving of such noticenotice or in any other manner from time to time permitted by applicable laws, including, without limitation, internet-based or other electronic communications. Neither In any case where notice to the Holders of Series 3 Shares is given by mail, neither the accidental failure to mail or deliver by hand or overnight courier any such notice, nor any defect in any notice so mailed or delivered by hand or overnight couriermailed, to any particular Holder shall affect the sufficiency of such notice with respect to other HoldersHolders of Series 3 Shares, but upon such failure to mail or such defect in any notice so mailed being discovered, the notice (as corrected to address any defects) shall be mailed forthwith to such Holder. 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. Any request, demand, authorization, direction, notice, consent or waiver required or permitted under this Guarantee shall be in the English language. Where this Indenture Guarantee 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 Holders shall be filed with the Security Trustee, but such filing shall not be a condition precedent to the validity of any action taken in reliance upon such waiver. In case by reason of the suspension of regular mail service or by reason of any other cause it shall be impracticable to give notice to Holders of Securities by mail, then such notification as shall be made with the approval of the Trustee shall constitute a sufficient notification for every purpose hereunder. In any case in which notice to Holders of Securities is given by mail, neither the failure to mail such notice, nor any defect in any notice so mailed, to any particular Holder of a Security, shall affect the sufficiency of such notice with respect to other Holders of Securities.
Appears in 1 contract
Samples: Guarantee Indenture (Brookfield Renewable Energy Partners L.P.)
Notice to Holders; Waiver. Where this Indenture Guarantee provides for notice of any event to the Holders of any eventSeries 7 Preferred LP Units by the Guarantors or the Security Trustee, such notice shall be sufficiently given (unless otherwise herein expressly provided) if in writing and mailed, first-class postage prepaid, or delivered by hand or overnight courier to each Holder affected by such event, at its the Holder’s address as it appears in the Security Register (or while any Securities are represented list of Holders as provided by one or more Global Securities, such notice shall be delivered to the Depositary for communication to entitled account Holders)BREP, not later than the latest date (if any)date, and not earlier than the earliest date (if any)date, prescribed for the giving of such noticenotice or in any other manner from time to time permitted by applicable laws, including, without limitation, internet-based or other electronic communications. Neither In any case where notice to the Holders of Series 7 Preferred LP Units is given by mail, neither the accidental failure to mail or deliver by hand or overnight courier any such notice, nor any defect in any notice so mailed or delivered by hand or overnight couriermailed, to any particular Holder shall affect the sufficiency of such notice with respect to other HoldersHolders of Series 7 Preferred LP Units, but upon such failure to mail or such defect in any notice so mailed being discovered, the notice (as corrected to address any defects) shall be mailed forthwith to such Holder. 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. Any request, demand, authorization, direction, notice, consent or waiver required or permitted under this Guarantee shall be in the English language. Where this Indenture Guarantee 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 Holders shall be filed with the Security Trustee, but such filing shall not be a condition precedent to the validity of any action taken in reliance upon such waiver. In case by reason of the suspension of regular mail service or by reason of any other cause it shall be impracticable to give notice to Holders of Securities by mail, then such notification as shall be made with the approval of the Trustee shall constitute a sufficient notification for every purpose hereunder. In any case in which notice to Holders of Securities is given by mail, neither the failure to mail such notice, nor any defect in any notice so mailed, to any particular Holder of a Security, shall affect the sufficiency of such notice with respect to other Holders of Securities.
Appears in 1 contract
Samples: Guarantee Indenture (Brookfield Renewable Energy Partners L.P.)
Notice to Holders; Waiver. Where this Indenture Guarantee provides for notice of any event to the Holders of any eventSeries 4 Shares by the Guarantors or the Security Trustee, such notice shall be sufficiently given (unless otherwise herein expressly provided) if in writing and mailed, first-class postage prepaid, or delivered by hand or overnight courier to each such Holder affected by such event, at its the Holder’s address as it appears in the Security Register (or while any Securities are represented list of Holders as provided by one or more Global Securities, such notice shall be delivered to the Depositary for communication to entitled account Holders)Corporation, not later than the latest date (if any)date, and not earlier than the earliest date (if any)date, prescribed for the giving of such noticenotice or in any other manner from time to time permitted by applicable laws, including, without limitation, internet-based or other electronic communications. Neither In any case where notice to the Holders of Series 4 Shares is given by mail, neither the accidental failure to mail or deliver by hand or overnight courier any such notice, nor any defect in any notice so mailed or delivered by hand or overnight couriermailed, to any particular Holder shall affect the sufficiency of such notice with respect to other HoldersHolders of Series 4 Shares, but upon such failure to mail or such defect in any notice so mailed being discovered, the notice (as corrected to address any defects) shall be mailed forthwith to such Holder. 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. Any request, demand, authorization, direction, notice, consent or waiver required or permitted under this Guarantee shall be in the English language. Where this Indenture Guarantee 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 Holders shall be filed with the Security Trustee, but such filing shall not be a condition precedent to the validity of any action taken in reliance upon such waiver. In case by reason of the suspension of regular mail service or by reason of any other cause it shall be impracticable to give notice to Holders of Securities by mail, then such notification as shall be made with the approval of the Trustee shall constitute a sufficient notification for every purpose hereunder. In any case in which notice to Holders of Securities is given by mail, neither the failure to mail such notice, nor any defect in any notice so mailed, to any particular Holder of a Security, shall affect the sufficiency of such notice with respect to other Holders of Securities.
Appears in 1 contract
Samples: Guarantee Indenture (Brookfield Renewable Energy Partners L.P.)
Notice to Holders; Waiver. Where this Indenture provides for notice to Holders of any event, (i) if any of the Securities affected by such event are Registered Securities, such notice to the Holders thereof shall be sufficiently given (unless otherwise herein or in the terms of such Registered Security expressly provided) if in writing and sent by overnight delivery service or mailed, first-class postage prepaid, or delivered by hand or overnight courier to each such Holder affected by such event, at its his address as it appears in the Security Register (or while any Securities are represented by one or more Global SecuritiesRegister, such notice shall be delivered to within the Depositary for communication to entitled account Holders), not later than the latest date (if any), and not earlier than the earliest date (if any), time prescribed for the giving of such notice, and (ii) if any of the Securities affected by such event are Bearer Securities, notice to the Holders thereof shall be sufficiently given (unless otherwise herein or in the terms of such Bearer Securities expressly provided) if published once in an Authorized Newspaper in New York, New York, and in such other city or cities, if any, as may be specified as contemplated by Section 3.1. Neither In any case where notice to Holders is given by mail, neither the failure to mail or deliver by hand or overnight courier any such notice, nor any defect in any notice so mailed or delivered by hand or overnight couriermailed, to any particular Holder shall affect the sufficiency of such notice with respect to other HoldersHolders of Registered Securities or the sufficiency of any notice to Holders of Bearer Securities given as provided herein. In any case where notice is given to Holders by publication, neither the failure to publish such notice, nor any defect in any notice so published, shall affect the sufficiency of such notice with respect to other Holders of Bearer Securities or the sufficiency of any notice to 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. If by reason of the suspension of regular mail service or by reason of any other cause it shall be impracticable to give such notice as provided above, then such notification as shall be made with the approval of the Trustee shall constitute a sufficient notification for every purpose hereunder. If it is impossible or, in the opinion of the Trustee, impracticable to give any notice by publication in the manner herein required, then such publication in lieu thereof as shall be made with the approval of the Trustee shall constitute a sufficient publication of such notice. Any request, demand, authorization, direction, notice, consent or waiver required or permitted under this Indenture shall be in the English language, except that any published notice may be in an official language of the country of publication. 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. 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. In case by reason of the suspension of regular mail service or by reason of any other cause it shall be impracticable to give notice to Holders of Securities by mail, then such notification as shall be made with the approval of the Trustee shall constitute a sufficient notification for every purpose hereunder. In any case in which notice to Holders of Securities is given by mail, neither the failure to mail such notice, nor any defect in any notice so mailed, to any particular Holder of a Security, shall affect the sufficiency of such notice with respect to other Holders of Securities.
Appears in 1 contract
Notice to Holders; Waiver. Where this Indenture provides for notice of any event to Holders of by the Company, any eventSubsidiary Guarantor or the Trustee, such notice shall be sufficiently given (unless otherwise herein expressly provided) if in writing and mailed, first-class postage prepaid, or delivered by hand or overnight courier to each Holder affected by such event, at its his address as it appears in the Security Register (or while any Securities are represented by one or more Global Securities, such notice shall be delivered to the Depositary for communication to entitled account Holders)Note Register, not later than the latest date (if any)date, and not earlier than the earliest date (if any)date, prescribed for the giving of such notice. Neither the failure to mail or deliver by hand or overnight courier any such notice, nor any defect in any notice so mailed or delivered by hand or overnight couriermailed, to any particular Holder shall affect the sufficiency of such notice with respect to other Holders. 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. 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. In case by reason of the suspension of or irregularities in regular mail service or by reason of any other cause cause, it shall be impracticable to give mail notice of any event to Holders when such notice is required to be given pursuant to any provision of Securities by mailthis Indenture, then any manner of giving such notification notice as shall be made with the approval of satisfactory to the Trustee shall constitute be deemed to be a sufficient notification giving of such notice for every purpose hereunder. In If the Company or any case in which notice to Holders of Securities is given by mail, neither the failure to mail such notice, nor any defect in Subsidiary Guarantor mails any notice so mailed, or communication to any particular Holder of Holder, it shall mail a Security, shall affect copy to the sufficiency of such notice with respect to other Holders of SecuritiesTrustee at the same time.
Appears in 1 contract
Samples: Indenture (Colortyme Inc)
Notice to Holders; Waiver. Where When this Indenture provides for notice to Holders of any event, (1) such notice shall be sufficiently given to Registered Holders (unless otherwise herein expressly provided) if in writing and mailed, first-class postage prepaid, or delivered by hand or overnight courier to each Holder affected by such event, at its address Registered Holders as it appears their names and addresses appear in the Security Register (Register, within the time prescribed; provided, however, that, in any case, any notice to Holders of Floating Rate Securities regarding the determination of a periodic rate of interest, if such notice is required pursuant to Section 3.1, shall be sufficiently given if given in the manner specified pursuant to Section 3.
1. In the event of suspension of regular mail service or while by reason of any Securities are represented other cause it shall be impracticable to give notice by one or more Global Securitiesmail, such notice notification as shall be delivered to given with the Depositary approval of the Trustee shall constitute sufficient notice for communication to entitled account Holders), not later than the latest date (if any), and not earlier than the earliest date (if any), prescribed for the giving of such notice. Neither the failure to mail or deliver by hand or overnight courier any notice, nor any defect in any notice so mailed or delivered by hand or overnight courier, to any particular Holder shall affect the sufficiency of such notice with respect to other Holdersevery purpose hereunder. 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. 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 on such waiver. In any case by reason of the suspension of regular mail service or by reason of any other cause it shall be impracticable to give where notice to Holders of Securities by mail, then such notification as shall be made with the approval of the Trustee shall constitute a sufficient notification for every purpose hereunder. In any case in which notice to Holders of Securities is given by mail, neither the failure to mail such notice, notice nor any defect in any notice so mailed, mailed to any particular Holder of a Security, shall affect the sufficiency of such notice with respect to other Holders, and any notice which is mailed in the manner herein provided shall be conclusively presumed to have been duly given. In any case where notice to Holders is given by publication, any defect in any notice so published as to any particular Holder shall not affect the sufficiency of Securitiessuch notice with respect to other Holders, and any notice which is published in the manner herein provided shall be conclusively presumed to have been duly given.
Appears in 1 contract
Samples: Junior Subordinated Indenture (Reinsurance Group of America Inc)
Notice to Holders; Waiver. Where this Indenture or any Security provides for notice to Holders of any event, such notice shall be deemed sufficiently given (unless otherwise herein or in such Security expressly provided) if in writing and mailed, first-first- class postage prepaid, or delivered by hand or overnight courier to each Holder affected by such event, at its his address as it appears in the Security Register (or while any Securities are represented by one or more Global Securities, such notice shall be delivered to the Depositary for communication to entitled account Holders)Register, not later than the latest date (if any)date, and not earlier than the earliest date (if any)date, prescribed for the giving of such noticenotice provided, however, that, in any case, any notice to Holders of Floating Rate -------- ------- Securities regarding the determination of a periodic rate of interest, if such notice is required pursuant to Section 3.01, shall be sufficiently given if ------------ given in the manner specified pursuant to Section 3.01. Neither In any case where notice ------------ to Holders is given by mail, neither the failure to mail or deliver by hand or overnight courier any such notice, nor any defect in any notice so mailed or delivered by hand or overnight couriermailed, to any particular Holder shall affect the sufficiency of such notice with respect to other HoldersHolders or the validity of the proceedings to which such notice relates. Where this Indenture or any Security 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 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. 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 to Holders of Securities by mail, then such notification as shall be made with the approval of the Trustee shall constitute a sufficient notification for every purpose hereunder. In any case in which notice to Holders of Securities is given by mail, neither the failure to mail such notice, nor any defect in any notice so mailed, to any particular Holder of a Security, shall affect the sufficiency of such notice with respect to other Holders of Securities.
Appears in 1 contract
Samples: Indenture (Tribune Co)
Notice to Holders; Waiver. Where When this Subordinated Debt Securities Indenture provides for notice to Holders of any event, such notice shall be sufficiently given (unless otherwise herein expressly provided) if given in writing and mailed, first-class postage prepaid, or delivered by hand or overnight courier to each Holder of a Subordinated Debt Security affected by such event, at its address as it appears event in the Security Register (or while manner and to the extent provided in Section 313(c) of the Trust Indenture Act with respect to reports pursuant to Section 7.03(a). For so long as the Subordinated Debt Securities of any Securities series are represented by one or more Global Securities, the Company will deliver a copy of all notices with respect to such notice shall be delivered series to the Depositary for communication to entitled account Holders), not later than the latest date Holder (if any), and not earlier than the earliest date (if any), prescribed for the giving address of such noticeHolder is known to the Company). Neither When notice to Holders of Subordinated Debt Securities is given by mail, neither the failure to mail or deliver by hand or overnight courier any such notice, nor any defect in any notice so mailed or delivered by hand or overnight couriermailed, to any particular Holder shall affect the sufficiency of such notice with respect to other Holders. Where this Subordinated Debt Securities 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. 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. 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 to Holders of Securities by mail, then such notification as shall be made with the approval of the Trustee shall constitute a sufficient notification for every purpose hereunder. In any case If the Subordinated Debt Securities are listed on the Luxembourg Stock Exchange and the rules of the Luxembourg Stock Exchange so require, all notices to Holders, will be published in which notice to Holders of Securities is given by mail, neither the failure to mail such notice, nor any defect an Authorized Newspaper in any notice so mailed, to any particular Holder of a Security, shall affect the sufficiency of such notice with respect to other Holders of SecuritiesLuxembourg.
Appears in 1 contract
Notice to Holders; Waiver. Where this Indenture provides for notice to Holders of any event, (i) if any of the Securities affected by such event are Registered Securities, such notice to the Holders thereof shall be sufficiently given (unless otherwise herein expressly provided) if in writing and mailed, first-class postage prepaid, or delivered by hand or overnight courier to each such Holder affected by such event, at its his or her address as it appears in the Security Register (or while any Securities are represented by one or more Global SecuritiesRegister, such notice shall be delivered to within the Depositary for communication to entitled account Holders), not later than the latest date (if any), and not earlier than the earliest date (if any), time prescribed for the giving of such notice, and (ii) if any of the Securities affected by such event are Bearer Securities, notice to the Holders thereof shall be sufficiently given (unless otherwise herein or in the terms of such Bearer Securities expressly provided) if published twice in an Authorized Newspaper in New York, New York, and in such other city or cities, if any, as may be specified as contemplated by Section 3.1. Neither Such notices shall be deemed to have been given on the date of such mailing or publication. In any case where notice to Holders is given by mail or by publication, neither the failure to mail or deliver by hand or overnight courier any publish such notice, nor any defect in any notice so mailed or delivered by hand or overnight courierpublished, to any particular Holder shall affect the sufficiency of such notice with respect to other HoldersHolders of Registered Securities or of Bearer Securities. Any notice If by reason of the suspension of regular mail service or by reason of any other cause it shall be impracticable to give such notice as provided above, then such notification as shall be made with the approval of the Trustee shall constitute a sufficient notification for every purpose hereunder. If it is impossible or, in the opinion of the Trustee, impracticable to give any notice by publication in the manner herein required, then such publication in lieu thereof as shall be made with the approval of the Trustee shall constitute a sufficient publication of such notice. Any request, demand, authorization, direction, notice, consent or waiver required or permitted under this Indenture shall be in the English language, except that any published notice may be in an official language of the country of publication. 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. 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. In case by reason of the suspension of regular mail service or by reason of any other cause it shall be impracticable to give notice to Holders of Securities by mail, then such notification as shall be made with the approval of the Trustee shall constitute a sufficient notification for every purpose hereunder. In any case in which notice to Holders of Securities is given by mail, neither the failure to mail such notice, nor any defect in any notice so mailed, to any particular Holder of a Security, shall affect the sufficiency of such notice with respect to other Holders of Securities.
Appears in 1 contract
Samples: Subordinated Indenture (Allied Waste Industries Inc)
Notice to Holders; Waiver. Where When this Indenture provides for notice to Holders of any event, such notice shall be sufficiently given to Registered Holders (unless otherwise herein expressly provided) if in writing and mailed, first-class postage prepaid, or delivered by hand or overnight courier to each Holder affected by such event, at its address Registered Holders as it appears their names and addresses appear in the Security Register (Register, within the time prescribed; provided, however, that, in any -------- ------- case, any notice to Holders of Floating Rate Securities regarding the determination of a periodic rate of interest, if such notice is required pursuant to Section 3.01, shall be sufficiently given if given in the manner specified pursuant to Section 3.01. In the event of suspension of regular mail service or while by reason of any Securities are represented other cause it shall be impracticable to give notice by one or more Global Securitiesmail, such notice notification as shall be delivered to given with the Depositary approval of the Trustee shall constitute sufficient notice for communication to entitled account Holders), not later than the latest date (if any), and not earlier than the earliest date (if any), prescribed for the giving of such notice. Neither the failure to mail or deliver by hand or overnight courier any notice, nor any defect in any notice so mailed or delivered by hand or overnight courier, to any particular Holder shall affect the sufficiency of such notice with respect to other Holdersevery purpose hereunder. 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. 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 on such waiver. In any case by reason of the suspension of regular mail service or by reason of any other cause it shall be impracticable to give where notice to Holders of Securities by mail, then such notification as shall be made with the approval of the Trustee shall constitute a sufficient notification for every purpose hereunder. In any case in which notice to Holders of Securities is given by mail, neither the failure to mail such notice, notice nor any defect in any notice so mailed, mailed to any particular Holder of a Security, shall affect the sufficiency of such notice with respect to other Holders, and any notice which is mailed in the manner herein provided shall be conclusively presumed to have been duly given. In any case where notice to Holders is given by publication, any defect in any notice so published as to any particular Holder shall not affect the sufficiency of Securitiessuch notice with respect to other Holders, and any notice which is published in the manner herein provided shall be conclusively presumed to have been duly given.
Appears in 1 contract
Samples: Indenture (Genesee & Wyoming Inc)
Notice to Holders; Waiver. Where this Indenture Guarantee provides for notice of any event to the Holders of any eventSeries 16 Preferred LP Units by the Guarantors or the Security Trustee, such notice shall be sufficiently given (unless otherwise herein expressly provided) if in writing and mailed, first-class postage prepaid, or delivered by hand or overnight courier to each Holder affected by such event, at its the Holder’s address as it appears in the Security Register (or while any Securities are represented list of Holders as provided by one or more Global Securities, such notice shall be delivered to the Depositary for communication to entitled account Holders)Partnership, not later than the latest date (if any)date, and not earlier than the earliest date (if any)date, prescribed for the giving of such noticenotice or in any other manner from time to time permitted by applicable laws, including, without limitation, internet-based or other electronic communications. Neither In any case where notice to the Holders of Series 16 Preferred LP Units is given by mail, neither the accidental failure to mail or deliver by hand or overnight courier any such notice, nor any defect in any notice so mailed or delivered by hand or overnight couriermailed, to any particular Holder shall affect the sufficiency of such notice with respect to other HoldersHolders of Series 16 Preferred LP Units, but upon such failure to mail or such defect in any notice so mailed being discovered, the notice (as corrected to address any defects) shall be mailed forthwith to such Holder. 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. Any request, demand, authorization, direction, notice, consent or waiver required or permitted under this Guarantee shall be in the English language. Where this Indenture Guarantee 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 Holders shall be filed with the Security Trustee, but such filing shall not be a condition precedent to the validity of any action taken in reliance upon such waiver. In case by reason of the suspension of regular mail service or by reason of any other cause it shall be impracticable to give notice to Holders of Securities by mail, then such notification as shall be made with the approval of the Trustee shall constitute a sufficient notification for every purpose hereunder. In any case in which notice to Holders of Securities is given by mail, neither the failure to mail such notice, nor any defect in any notice so mailed, to any particular Holder of a Security, shall affect the sufficiency of such notice with respect to other Holders of Securities.
Appears in 1 contract
Samples: Guarantee Indenture (Brookfield Renewable Partners L.P.)
Notice to Holders; Waiver. Where When this Indenture provides for notice to Holders of any event, such notice shall be sufficiently given (unless otherwise herein expressly provided) if (i) in writing and mailed, first-class postage prepaid, or delivered by hand or overnight courier to each Holder affected by such event, at its his address as it appears in the Security Register (or while any Securities are represented by one or more Global Securities, such notice shall be delivered to the Depositary for communication to entitled account Holders)Register, not later than the latest date (if any), and not earlier than the earliest date (if any), prescribed for the giving of such noticenotice and (ii) published in English in London in the Financial Times and in Singapore in a leading daily newspaper (which is expected to be The Business Times), provided that for so long as any Convertible Notes are represented by the Global Note notices may be given by delivery of the relevant notice to Euroclear and Clearstream, for communication by them to their respective accountholders in substitution for publication in any such newspaper. Neither If at any time publication in any such newspaper is not practicable, notices will be valid if published in an English language newspaper selected by the Company with general circulation in the respective market regions. Any 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 any case where notice to Holders is given by mail, neither the failure to mail or deliver by hand or overnight courier any such notice, nor any defect in any notice so mailed or delivered by hand or overnight couriermailed, to any particular Holder shall affect the sufficiency of such notice with respect to other Holders. 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. 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. 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 to Holders of Securities Convertible Notes by mail, then such notification to such Holders as shall be made given with the approval of the Trustee shall constitute a sufficient notification notice to such Holders for every purpose hereunder. In case by reason of any case in which other cause it shall be impracticable to publish any notice to Holders of Securities is Convertible Notes as provided in this Section 106, then such notification to such Holders as shall be given by mail, neither with the failure approval of the Trustee shall constitute sufficient notice to mail such notice, nor any defect in any notice so mailed, to any particular Holder of a Security, shall affect the sufficiency of such notice with respect to other Holders of Securitiesfor every purpose hereunder.
Appears in 1 contract
Notice to Holders; Waiver. Where this Indenture provides for notice to Holders of any event, such notice shall be sufficiently given (unless otherwise herein expressly provided) if (i) in the case of a Global Security, in writing by electronic mail, facsimile and/or by first-class mail to the Depositary, and (ii) in the case of securities other than Global Securities, in writing and mailed, first-class postage prepaid, or delivered by hand or overnight courier to each Holder affected by such event, at its his address as it appears in the Security Register (or while any Securities are represented by one or more Global Securities, such notice shall be delivered to the Depositary for communication to entitled account Holders)Register, not later than the latest date (if any), and not earlier than the earliest date (if any), prescribed for the giving of such notice. Neither In any case where notice to Holders is given by mail, neither the failure to mail or deliver by hand or overnight courier any such notice, nor any defect in any notice so mailed or delivered by hand or overnight couriermailed, to any particular Holder shall affect the sufficiency of such notice with respect to other Holders. 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. 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. 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 to Holders of Securities by mail, then such notification as shall be made with the approval of the Trustee shall constitute a sufficient notification for every purpose hereunder. In any case in which Any obligation the Company (and the Paying Agents on its behalf) may have to publish a notice to Holders shall have been met upon delivery of the notice to the clearing agencies. In addition, so long as the Securities are listed on the Irish Stock Exchange and the rules of the Irish Stock Exchange so require, notices to Holders pursuant to the rules of the Irish Stock Exchange (Global Exchange Market). If publication is required, such notices shall be deemed to be given by mailon the date of such publication or, neither if published more than once, on the failure date of the first such publication. If a notice is published at the discretion of the Trustee, the notice will conform to mail such notice, nor any defect the rules of the Irish Stock Exchange. If publication is not practicable in any newspaper in accordance with this paragraph, notice so mailedwill be given in such other manner, and shall be deemed to any particular Holder of a Securityhave been given on such date, shall affect as the sufficiency of such notice with respect to other Holders of SecuritiesTrustee may, in its sole discretion, determine.
Appears in 1 contract
Samples: Indenture (Votorantim Cimentos S.A.)
Notice to Holders; Waiver. Where this Indenture Guarantee provides for notice of any event to the Holders of any eventSeries 12 Preferred LP Units by the Guarantors or the Security Trustee, such notice shall be sufficiently given (unless otherwise herein expressly provided) if in writing and mailed, first-class postage prepaid, or delivered by hand or overnight courier to each Holder affected by such event, at its the Holder’s address as it appears in the Security Register (or while any Securities are represented list of Holders as provided by one or more Global Securities, such notice shall be delivered to the Depositary for communication to entitled account Holders)Partnership, not later than the latest date (if any)date, and not earlier than the earliest date (if any)date, prescribed for the giving of such noticenotice or in any other manner from time to time permitted by applicable laws, including, without limitation, internet-based or other electronic communications. Neither In any case where notice to the Holders of Series 12 Preferred LP Units is given by mail, neither the accidental failure to mail or deliver by hand or overnight courier any such notice, nor any defect in any notice so mailed or delivered by hand or overnight couriermailed, to any particular Holder shall affect the sufficiency of such notice with respect to other HoldersHolders of Series 12 Preferred LP Units, but upon such failure to mail or such defect in any notice so mailed being discovered, the notice (as corrected to address any defects) shall be mailed forthwith to such Holder. 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. Any request, demand, authorization, direction, notice, consent or waiver required or permitted under this Guarantee shall be in the English language. Where this Indenture Guarantee 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 Holders shall be filed with the Security Trustee, but such filing shall not be a condition precedent to the validity of any action taken in reliance upon such waiver. In case by reason of the suspension of regular mail service or by reason of any other cause it shall be impracticable to give notice to Holders of Securities by mail, then such notification as shall be made with the approval of the Trustee shall constitute a sufficient notification for every purpose hereunder. In any case in which notice to Holders of Securities is given by mail, neither the failure to mail such notice, nor any defect in any notice so mailed, to any particular Holder of a Security, shall affect the sufficiency of such notice with respect to other Holders of Securities.
Appears in 1 contract
Samples: Guarantee Indenture (Brookfield Renewable Partners L.P.)
Notice to Holders; Waiver. Where this Indenture provides for notice to Holders of any event, such notice shall be sufficiently given (unless otherwise herein expressly provided) if in writing and mailed, first-class postage prepaid, or delivered by hand or overnight courier to each Holder affected by such event, at its his address as it appears in the Security Register (or while any Securities are represented by one or more Global Securities, such notice shall be delivered to the Depositary for communication to entitled account Holders)Register, not later than the latest date (if any)date, and not earlier than the earliest date (if any)date, prescribed for the giving of such notice. Neither In any case where notice to Holders is given by mail, neither the failure to mail or deliver by hand or overnight courier any such notice, nor any defect in any notice so mailed or delivered by hand or overnight couriermailed, to any particular Holder shall affect the sufficiency of such notice with respect to other Holders. 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. 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. 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 to Holders of Securities by mail, then such notification as shall be made with the approval of the Trustee shall constitute a sufficient notification for every purpose hereunder. In Notwithstanding any case in which other provision of this Indenture or any Security, where this Indenture or any Security provides for notice of any event or any other communication to Holders of Securities is given by mail, neither the failure to mail such notice, nor any defect in any notice so mailed, to any particular Holder a holder of a SecuritySecurity in global form, shall affect the sufficiency of such notice shall be sufficiently given if given to the Depositary (or its designee) pursuant to the standing instructions from the Depositary or its designee, including by electronic mail in accordance with respect to other Holders of Securitiesaccepted practices at the Depositary.
Appears in 1 contract
Notice to Holders; Waiver. Where this Indenture Guarantee provides for notice of any event to the Holders of any eventSeries 18 Preferred LP Units by the Guarantors or the Security Trustee, such notice shall be sufficiently given (unless otherwise herein expressly provided) if in writing and mailed, first-class postage prepaid, or delivered by hand or overnight courier to each Holder affected by such event, at its the Holder’s address as it appears in the Security Register (or while any Securities are represented list of Holders as provided by one or more Global Securities, such notice shall be delivered to the Depositary for communication to entitled account Holders)Partnership, not later than the latest date (if any)date, and not earlier than the earliest date (if any)date, prescribed for the giving of such noticenotice or in any other manner from time to time permitted by applicable laws, including, without limitation, internet-based or other electronic communications. Neither In any case where notice to the Holders of Series 18 Preferred LP Units is given by mail, neither the accidental failure to mail or deliver by hand or overnight courier any such notice, nor any defect in any notice so mailed or delivered by hand or overnight couriermailed, to any particular Holder shall affect the sufficiency of such notice with respect to other HoldersHolders of Series 18 Preferred LP Units, but upon such failure to mail or such defect in any notice so mailed being discovered, the notice (as corrected to address any defects) shall be mailed forthwith to such Holder. 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. Any request, demand, authorization, direction, notice, consent or waiver required or permitted under this Guarantee shall be in the English language. Where this Indenture Guarantee 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 Holders shall be filed with the Security Trustee, but such filing shall not be a condition precedent to the validity of any action taken in reliance upon such waiver. In case by reason of the suspension of regular mail service or by reason of any other cause it shall be impracticable to give notice to Holders of Securities by mail, then such notification as shall be made with the approval of the Trustee shall constitute a sufficient notification for every purpose hereunder. In any case in which notice to Holders of Securities is given by mail, neither the failure to mail such notice, nor any defect in any notice so mailed, to any particular Holder of a Security, shall affect the sufficiency of such notice with respect to other Holders of Securities.
Appears in 1 contract
Samples: Guarantee Indenture (Brookfield Renewable Partners L.P.)
Notice to Holders; Waiver. Where When this Indenture provides for notice to Holders of any event, (1) such notice shall be sufficiently given to Registered Holders (unless otherwise herein expressly provided) if in writing and mailed, first-class postage prepaid, or delivered by hand or overnight courier to each Holder affected by such event, at its address Registered Holders as it appears their names and addresses appear in the Security Register (Register, within the time prescribed; provided, however, that, in any case, any notice to Holders of Floating Rate Securities regarding the determination of a periodic rate of interest, if such notice is required pursuant to Section 3.1, shall be sufficiently given if given in the manner specified pursuant to Section 3.
1. In the event of suspension of regular mail service or while by reason of any Securities are represented other cause it shall be impracticable to give notice by one or more Global Securitiesmail, such notice notification as shall be delivered to given with the Depositary approval of the Trustee shall constitute sufficient notice for communication to entitled account Holders), not later than the latest date (if any), and not earlier than the earliest date (if any), prescribed for the giving of such notice. Neither the failure to mail or deliver by hand or overnight courier any notice, nor any defect in any notice so mailed or delivered by hand or overnight courier, to any particular Holder shall affect the sufficiency of such notice with respect to other Holdersevery purpose hereunder. 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. 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 on such waiver. In any case by reason of the suspension of regular mail service or by reason of any other cause it shall be impracticable to give where notice to Holders of Securities by mail, then such notification as shall be made with the approval of the Trustee shall constitute a sufficient notification for every purpose hereunder. In any case in which notice to Holders of Securities is given by mail, neither the failure to mail such notice, notice nor any defect in any notice so mailed, mailed to any particular Holder of a Security, shall affect the sufficiency of such notice with respect to other Holders of Securities.Holders, and any notice which is mailed in the manner herein provided shall be conclusively presumed to have been duly given. In any case where notice to
Appears in 1 contract
Samples: Junior Subordinated Indenture (Rga Capital Trust Ii)
Notice to Holders; Waiver. Where this Indenture provides for notice to Holders of any event, (i) if any of the Securities affected by such event are registered Securities, such notice to the Holders thereof shall be sufficiently given (unless otherwise herein expressly provided) if in writing and mailed, first-class postage prepaid, or delivered by hand or overnight courier to each such Holder affected by such event, at its his address as it appears in the Security Register (or while any Securities are represented by one or more Global SecuritiesRegister, such notice shall be delivered to within the Depositary for communication to entitled account Holders), not later than the latest date (if any), and not earlier than the earliest date (if any), time prescribed for the giving of such notice and (ii) if any of the Securities affected by such event are Bearer Securities, notice to the Holders thereof shall be sufficiently given (unless otherwise herein or in the terms of such Bearer Securities expressly provided) if published once in an Authorized Newspaper in New York, New York, and in such other city or cities, if any, as may be specified in such Securities and, if the Securities of such series are listed on any stock exchange outside the United States, in any place at which such Securities are listed on a securities exchange to the extent that such securities exchange so requires, and mailed to such Persons whose names and addresses as were previously filed with the Trustee, within the time prescribed for giving such notice. Neither In any case where notice to Holders is given by mail, neither the failure to mail or deliver by hand or overnight courier any such notice, nor any defect in any notice so mailed or delivered by hand or overnight couriermailed, to any particular Holder shall affect the sufficiency of such notice with respect to other Holders. If it is impossible or, in the opinion of the Trustee, impracticable to give any notice by publication in the manner herein required, then such publication in lieu thereof as shall be made with the approval of the Trustee shall constitute a sufficient publication of such notice. 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 as provided above, then such notification as shall be made with the approval of the Trustee shall constitute a sufficient notification for every purpose hereunder. 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. 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. In case by reason Any request, demand, authorization, direction, notice, consent or waiver required or permitted under this Indenture shall be in the English language except that any published notice may be in an official language of the suspension country of regular mail service or by reason of any other cause it shall be impracticable to give notice to Holders of Securities by mail, then such notification as shall be made with the approval of the Trustee shall constitute a sufficient notification for every purpose hereunder. In any case in which notice to Holders of Securities is given by mail, neither the failure to mail such notice, nor any defect in any notice so mailed, to any particular Holder of a Security, shall affect the sufficiency of such notice with respect to other Holders of Securitiespublication.
Appears in 1 contract
Notice to Holders; Waiver. Where this Indenture provides for notice of any event to Holders of any eventRegistered Securities by the Company, the Trustee or the Co-Trustee, such notice shall be sufficiently given (unless otherwise herein expressly provided) if delivered (i) in the case of Securities in global form, pursuant to the policies and procedures of the applicable depositary, and (ii) in the case of Securities in definitive form, in writing and maileddelivered at the expense of the Company (in the case of mail, by first-class postage prepaid, or delivered by hand or overnight courier ) to each such Holder affected by such event, at its his address as it appears in the Security Register (or while any Securities are represented by one or more Global Securities, such notice shall be delivered to the Depositary for communication to entitled account Holders)Register, not later than the latest date (if any)date, and not earlier than the earliest date (if any)date, prescribed for the giving of such notice. Neither In any case where notice to Holders of Registered Securities is given by mail, neither the failure to mail or deliver by hand or overnight courier any such notice, nor any defect in any notice so mailed or delivered by hand or overnight couriermailed, to any particular Holder shall affect the sufficiency of such notice with respect to other HoldersHolders of Registered Securities or the sufficiency of any notice to Holders of Bearer Securities given as provided. Any notice e-mailed or 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. In case, by reason of the suspension of or irregularities in regular mail service or by reason of any other cause, it shall be impractical to mail notice of any event to Holders of Registered Securities when such notice is required to be given pursuant to any provision of this Indenture, then any manner of giving such notice as shall be directed by the Company shall be deemed to be sufficient giving of such notice for every purpose hereunder. Except as otherwise expressly provided herein or otherwise specified with respect to any Securities pursuant to Section 3.1, where this Indenture provides for notice to Holders of Bearer Securities of any event, such notice shall be sufficiently given by the Company to Holders of Bearer Securities if published in an Authorized Newspaper in The City of New York and in such other city or cities as may be specified in such Securities on a Business Day at least twice, the first such publication to be not earlier than the earliest date, and not later than the latest date, prescribed for the giving of such notice. Any such notice shall be deemed to have been given on the date of the first such publication. In case, by reason of the suspension of publication of any Authorized Newspaper or Authorized Newspapers or by reason of any other cause, it shall be impracticable to publish any notice to Holders of Bearer Securities as provided above, then such notification to Holders of Bearer Securities as shall be given as directed by the Company shall constitute sufficient notice to such Holders for every purpose hereunder. Neither the failure to give notice by publication to Holders of Bearer Securities as provided above, nor any defect in any notice so published, shall affect the sufficiency of such notice with respect to other Holders of Bearer Securities or the sufficiency of any notice to Holders of Registered Securities given as provided herein. Any request, demand, authorization, direction, notice, consent or waiver required or permitted under this Indenture shall be in the English language, except that any published notice may be in an official language of the country of publication. 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. 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. In case by reason of the suspension of regular mail service or by reason of any other cause it shall be impracticable to give notice to Holders of Securities by mail, then such notification as shall be made with the approval of the Trustee shall constitute a sufficient notification for every purpose hereunder. In any case in which notice to Holders of Securities is given by mail, neither the failure to mail such notice, nor any defect in any notice so mailed, to any particular Holder of a Security, shall affect the sufficiency of such notice with respect to other Holders of Securities.
Appears in 1 contract
Samples: Indenture (CI Financial Corp.)
Notice to Holders; Waiver. Where this Indenture provides for notice to Holders of any event, such notice shall be sufficiently given (unless otherwise herein expressly provided) if in writing If and mailed, first-class postage prepaid, or delivered by hand or overnight courier to each Holder affected by such event, at its address so long as it appears in the Security Register (or while any Securities are represented by one or more Global SecuritiesSecurities and ownership of book-entry interests therein are shown on the records of DTC or any successor depository, such notice shall all notices to Holders will be delivered (which delivery may be effected, at the request of the Corporation, by the Trustees) to each such depository, in accordance with the Depositary applicable procedures of such depository, for communication to entitled account Holders)the owners of such book-entry interests, not later than with a copy to the latest Trustees and the Agents. Additionally, in the event that the Securities are in definitive registered form, notices will be sent, by first-class mail, postage prepaid, with a copy to the Trustees and the Paying Agent, to each Holder at such Holder’s address as it appears in the Security Register. Notices transmitted in accordance with the applicable procedures of the depository for Global Securities will be deemed given on the date (if any)of such transmission, and not earlier than the earliest date (if any)notices given by first-class mail, prescribed for the giving of such notice. Neither the failure to mail or deliver by hand or overnight courier any noticepost prepaid, nor any defect in any notice so mailed or delivered by hand or overnight courier, to any particular Holder shall affect the sufficiency of such notice with respect to other Holderswill be deemed given five calendar days after mailing. Where this Indenture provides or the Securities provide for or permit 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 Holders shall be filed with the TrusteeTrustees, but such filing shall not be a condition precedent to the validity of any action taken in reliance upon such waiver. In case by reason of the suspension of regular mail service or by reason of any other cause it shall be impracticable to give notice to Holders of Securities by mail, then such notification as shall be made with the approval of the Trustee shall constitute a sufficient notification for every purpose hereunder. In any case in which notice to Holders of Securities is given by mail, neither the failure to mail such notice, nor any defect in any notice so mailed, to any particular Holder of a Security, shall affect the sufficiency of such notice with respect to other Holders of Securities.
Appears in 1 contract
Samples: Indenture
Notice to Holders; Waiver. Where this Indenture provides for notice to Holders of any eventevent or any other communication to Holders, such notice or other communication shall be sufficiently given to Holders (unless otherwise herein expressly provided) if in writing and delivered in person or mailed, first-class postage prepaid, or delivered by hand or overnight courier to each Holder affected by such event, at its address Holders as it appears their names and addresses appear in the Security Register (Bond Register, within the time prescribed. Any notice provided to Holders pursuant hereto shall be provided to the Trustee as well, in the manner set forth in SECTION 104. In the event of suspension of regular mail service or while by reason of any Securities are represented other cause it shall be impracticable to give notice by one or more Global Securitiesmail, such notice or other communication shall be delivered to the Depositary for communication to entitled account Holders)sent by telex, not later than the latest date (if any), and not earlier than the earliest date (if any), prescribed for the giving of such notice. Neither the failure to mail telecopy or deliver other facsimile transmission or by hand or overnight courier any notice, nor any defect in any notice so mailed or delivered by hand or overnight courier, provided that any such notice or other communication sent to any particular Holder in any such manner shall affect the sufficiency of be deemed to be given only upon receipt by such notice with respect to other HoldersHolder. 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. Waivers Such 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 on such waiver. In any case by reason of the suspension of regular mail service or by reason of any other cause it shall be impracticable to give where notice to Holders of Securities by mail, then such notification as shall be made with the approval of the Trustee shall constitute a sufficient notification for every purpose hereunder. In any case in which notice to Holders of Securities is given by mail, neither the failure to mail such notice, notice nor any defect in any notice so mailed, mailed to any particular Holder of a SecurityHolder, shall affect the sufficiency of such notice with respect to other Holders, and any notice which is mailed in the manner herein provided shall be conclusively presumed to have been duly given. The Company may, in the circumstances permitted by the Trust Indenture Act, fix any day as the record date (the "Special Record Date") for the purpose of determining the Holders entitled to give or take any request, demand, authorization, direction, notice, consent, waiver or other action, or to vote on any action, authorized or permitted to be given or taken by Holders. If not set by the Company prior to the first solicitation of Securitiesa Holder made by any Person in respect of any such action, or, in the case of any such vote, prior to such vote, the record date for any such action or vote shall be the 30th day prior to such first solicitation or vote, as the case may be. With regard to any such record date, only the Holders on such date (or their duly designated proxies) shall be entitled to give or take, or vote on, the relevant action or to revoke any such act, whether or not such Holders continue to be Holders after such record date. Holders may communicate pursuant to Section 312(b) of the Trust Indenture Act with other Holders with respect to their rights under this Indenture or the Bonds.
Appears in 1 contract
Samples: Indenture (Polyphase Corp)
Notice to Holders; Waiver. Where this Indenture provides for notice to Holders of any event, (i) if any of the Securities affected by such event are Registered Securities, such notice to the Holders thereof shall be sufficiently given (unless otherwise herein or in the terms of such Securities expressly provided) if in writing and mailed, first-class postage prepaid, or delivered by hand or overnight courier to each such Holder affected by such event, at its his address as it appears in the Security Register (or while any Securities are represented by one or more Global SecuritiesRegister, such notice shall be delivered to within the Depositary for communication to entitled account Holders), not later than the latest date (if any), and not earlier than the earliest date (if any), time prescribed for the giving of such noticenotice and, (ii) if any of the Securities affected by such event are Bearer Securities, notice to the Holders thereof shall be sufficiently given (unless otherwise herein or in the terms of such Bearer Securities expressly provided) if published once in an Authorized Newspaper in New York, New York, and in such other city or cities, if any, as may be specified as contemplated by Section 3.
1. Neither In any case where notice to Holders is given by mail, neither the failure to mail or deliver by hand or overnight courier any such notice, nor any defect in any notice so mailed or delivered by hand or overnight couriermailed, to any particular Holder shall affect the sufficiency of such notice with respect to other HoldersHolders of Registered Securities or the sufficiency of any notice to Holders of Bearer Securities given as provided herein. In any case where notice is given to Holders by publication, neither the failure to publish such notice, nor any defect in any notice so published, shall affect the sufficiency of such notice with respect to other Holders of Bearer Securities or the sufficiency of any notice to 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. If by reason of the suspension of regular mail service or by reason of any other cause it shall be impracticable to give such notice as provided above, then such notification as shall be made with the approval of the Trustee (such approval not to be unreasonably withheld) shall
constitute a sufficient notification for every purpose hereunder. If it is impossible or, in the opinion of the Trustee, impracticable to give any notice by publication in the manner herein required, then such publication in lieu thereof as shall be made with the approval of the Trustee shall constitute a sufficient publication of such notice. Any request, demand, authorization, direction, notice, consent or waiver required or permitted under this Indenture shall be in the English language, except that any published notice may be in an official language of the country of publication. 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. 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. In case by reason of the suspension of regular mail service or by reason of any other cause it shall be impracticable to give notice to Holders of Securities by mail, then such notification as shall be made with the approval of the Trustee shall constitute a sufficient notification for every purpose hereunder. In any case in which notice to Holders of Securities is given by mail, neither the failure to mail such notice, nor any defect in any notice so mailed, to any particular Holder of a Security, shall affect the sufficiency of such notice with respect to other Holders of Securities.
Appears in 1 contract
Samples: Indenture (Aol Time Warner Inc)
Notice to Holders; Waiver. Where When this Indenture provides for notice to Holders holders of Notes of any event, such notice shall be sufficiently given to holders (unless otherwise herein expressly provided) if in writing and mailed, first-class postage prepaidprepaid (or via certified or registered mail, or delivered by hand telegraph, telefax, cable or overnight courier delivery service), to each Holder affected by such event, at its address holders as it appears their names and addresses appear in the Security Register (Note Register, within the time prescribed. In the event of suspension of regular mail service or while by reason of any Securities are represented other cause it shall be impracticable to give notice by one or more Global Securitiesmail, such notice notification as shall be delivered given with the approval of the Trustee shall constitute sufficient notice for every purpose hereunder. In the event of suspension of publication of any Authorized Newspapers or by reason of any other cause it shall be impracticable to give notice by publication, such notification as shall be given with the Depositary approval of the Trustee shall constitute sufficient notice for communication to entitled account Holders), not later than the latest date (if any), and not earlier than the earliest date (if any), prescribed for the giving of such notice. Neither the failure to mail or deliver by hand or overnight courier any notice, nor any defect in any notice so mailed or delivered by hand or overnight courier, to any particular Holder shall affect the sufficiency of such notice with respect to other Holdersevery purpose hereunder. 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. Waivers of notice by Holders 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 on such waiver. In any case by reason of the suspension of regular mail service or by reason of any other cause it shall be impracticable to give where notice to Holders of Securities by mail, then such notification as shall be made with the approval of the Trustee shall constitute a sufficient notification for every purpose hereunder. In any case in which notice to Holders of Securities holders is given by mail, neither the failure to mail such notice, notice nor any defect in any notice so mailed, mailed to any particular Holder of a Security, holder shall affect the sufficiency of such notice with respect to other Holders holders, and any notice which is mailed in the manner herein provided shall be conclusively presumed to have been duly given. In any case where notice to holders is given by publication, any defect in any notice so published as to any particular holder shall not affect the sufficiency of Securitiessuch notice with respect to other holders, and any notice which is published in the manner herein provided shall be conclusively presumed to have been duly given.
Appears in 1 contract
Samples: Indenture (MGM Grand Inc)
Notice to Holders; Waiver. Where this Indenture Guarantee provides for notice of any event to the Holders of any eventSeries 5 Shares by the Guarantors or the Security Trustee, such notice shall be sufficiently given (unless otherwise herein expressly provided) if in writing and mailed, first-class postage prepaid, or delivered by hand or overnight courier to each such Holder affected by such event, at its the Holder’s address as it appears in the Security Register (or while any Securities are represented list of Holders as provided by one or more Global Securities, such notice shall be delivered to the Depositary for communication to entitled account Holders)Corporation, not later than the latest date (if any)date, and not earlier than the earliest date (if any)date, prescribed for the giving of such noticenotice or in any other manner from time to time permitted by applicable laws, including, without limitation, internet-based or other electronic communications. Neither In any case where notice to the Holders of Series 5 Shares is given by mail, neither the accidental failure to mail or deliver by hand or overnight courier any such notice, nor any defect in any notice so mailed or delivered by hand or overnight couriermailed, to any particular Holder shall affect the sufficiency of such notice with respect to other HoldersHolders of Series 5 Shares, but upon such failure to mail or such defect in any notice so mailed being discovered, the notice (as corrected to address any defects) shall be mailed forthwith to such Holder. 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. Any request, demand, authorization, direction, notice, consent or waiver required or permitted under this Guarantee shall be in the English language. Where this Indenture Guarantee 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 Holders shall be filed with the Security Trustee, but such filing shall not be a condition precedent to the validity of any action taken in reliance upon such waiver. In case by reason of the suspension of regular mail service or by reason of any other cause it shall be impracticable to give notice to Holders of Securities by mail, then such notification as shall be made with the approval of the Trustee shall constitute a sufficient notification for every purpose hereunder. In any case in which notice to Holders of Securities is given by mail, neither the failure to mail such notice, nor any defect in any notice so mailed, to any particular Holder of a Security, shall affect the sufficiency of such notice with respect to other Holders of Securities.
Appears in 1 contract
Samples: Guarantee Indenture (Brookfield Renewable Energy Partners L.P.)