Common use of Notice to Special Warrantholders Clause in Contracts

Notice to Special Warrantholders. Any notice to the Special Warrantholders under the provisions of this Special Warrant Indenture is valid and effective if delivered, sent by regular mail or sent by courier, to each Special Warrantholder at its address appearing on the register of Special Warrants kept by the Special Warrant Agent or, in the case of joint holders, to the first such address, and, if delivered or couriered, shall be deemed to have been given and received on the day it was delivered and, if mailed, shall be deemed to have been received on the third Business Day following the date of the postmark on such notice. Accidental error or omission in giving notice or accidental failure to mail notice to any Special Warrantholder will not invalidate any action or proceeding founded thereon. All notices may be given to whichever one of the Special Warrantholders (if more than one) is named first in the appropriate register hereinbefore mentioned, and any notice so given shall be sufficient notice to all Special Warrantholders of and any other persons (if any) interested in such Special Warrants. If, by reason of any interruption of mail service, actual or threatened, any notice to be given to the Special Warrantholders by the Special Warrant Agent or the Corporation would be unlikely to reach or likely to be delayed in reaching its destination in the ordinary course of mail, such notice shall be valid and effective only if published once (i) in the national edition of The Globe & Mail newspaper; and (ii) in such other place or places and manner, if any, as the Corporation may require. Any notice given to Special Warrantholders by publication shall be deemed to have been given on the last day on which publication shall have been effected. A copy of any notice provided to the Special Warrantholders shall be concurrently provided tothe Agent and the Special Warrant Agent or the Corporation in the manner specified in Section 9.1.

Notice to Special Warrantholders. Any (a) Unless herein otherwise expressly provided, any notice to the be given hereunder to Special Warrantholders under shall be deemed to be validly given if the provisions of this Special Warrant Indenture notice is valid and effective if delivered, sent by regular mail first class mail, postage prepaid, addressed to the holder or sent delivered by courier, hand (or so mailed to each Special Warrantholder certain holders and so delivered to other holders) at its address their respective addresses appearing on the register of Special Warrants kept maintained by the Special Warrant Agent or, and if in the case of joint holdersholders of any Special Warrants more than one address appears on the register in respect of that joint holding, the notice shall be addressed or delivered, as the case may be, only to the first such address, andas the case may be, if delivered or couriered, so appearing. Any notice so given shall be deemed to have been given and received on the day it was delivered and, if mailed, shall be deemed to have been received of delivery by hand or on the third next Business Day following the date of the postmark on such notice. Accidental error or omission in giving notice or accidental failure to mail notice to any Special Warrantholder will not invalidate any action or proceeding founded thereon. All notices may be given to whichever one of the Special Warrantholders if delivered by mail. (if more than oneb) is named first in the appropriate register hereinbefore mentioned, and any notice so given shall be sufficient notice to all Special Warrantholders of and any other persons (if any) interested in such Special Warrants. If, by reason of any interruption of mail servicestrike, lockout or other work stoppage, actual or threatened, involving postal employees, any notice to be given to the Special Warrantholders by the Special Warrant Agent or the Corporation would could reasonably be considered unlikely to reach its destination, the notice may be published or likely to be delayed in reaching its destination distributed once in the ordinary course “Report on Business” section of mail, such notice shall be valid and effective only if published once (i) in the national edition of The Globe & and Mail newspaper or, in the event of a disruption in the circulation of that newspaper, once in a daily newspaper in the English language of general circulation in the City of Vancouver, British Columbia and Toronto, Ontario; and (ii) provided that in the case of a notice convening a meeting of the holders of Special Warrants, the Special Warrant Agent may require such additional publications of that notice, in the same or in other place cities or places and manner, if anyboth, as it may deem necessary for the Corporation may requirereasonable protection of the holders of Special Warrants or to comply with any applicable requirement of law or any stock exchange. Any notice so given to Special Warrantholders by publication shall be deemed to have been given on the last day on which it has been published in all of the cities in which publication shall have been effectedwas required (or first published in a city if more than one publication in that city is required). A copy In determining under any provision hereof, the date when notice of any meeting or other event must be given, the date of giving notice provided to the Special Warrantholders shall be concurrently provided tothe Agent included and the Special Warrant Agent date of the meeting or the Corporation in the manner specified in Section 9.1other event shall be excluded.

Notice to Special Warrantholders. Any (a) Unless otherwise expressly provided in this Agreement, any notice to the be given under this Agreement to Special Warrantholders under will be deemed to be validly given if the provisions of this Special Warrant Indenture notice is valid and effective if delivered, sent by regular mail prepaid mail, addressed to the holder or sent delivered by courier, hand or transmitted by fax (or so mailed to each Special Warrantholder certain holders and so delivered to other holders and so faxed to other holders) at its address their respective addresses and fax number appearing on the register of Special Warrants kept maintained by the Special Warrant Agent or, Trustee and if in the case of joint holdersholders of any Special Warrants more than one address or fax number appears on the register in respect of that joint holding, the notice will be addressed or delivered, as the case may be, only to the first address or fax number, as the case may be so appearing. The Trustee will give, in the same manner as for Special Warrantholders set out above, a copy of each such addressnotice to Maitland & Company, andBarristers & Solicitors, if delivered or couriered000 - 000 Xxxx Xxxxxx, shall Vancouver, British Columbia, V6C 2T6 (Fax No.: (000) 000-0000) (Attention: Xxxxxxxxxxx X. Xxxxxx). Any notice so given will be deemed to have been given and received on the day it was delivered andof delivery by hand or fax, if mailed, shall be deemed to have been received or on the third Business Day following the date of the postmark on such notice. Accidental error or omission in giving notice or accidental failure to mail notice to any Special Warrantholder will not invalidate any action or proceeding founded thereon. All notices may be given to whichever one of the Special Warrantholders next business day if delivered by mail. (if more than oneb) is named first in the appropriate register hereinbefore mentioned, and any notice so given shall be sufficient notice to all Special Warrantholders of and any other persons (if any) interested in such Special Warrants. If, by reason of any interruption of mail servicestrike, lock-out or other work stoppage, actual or threatened, involving postal employees, any notice to be given to the Special Warrantholders by the Special Warrant Agent or the Corporation would could reasonably be considered unlikely to reach its destination, the notice may be published or likely to be delayed distributed once in reaching its destination The Globe and Mail newspaper, or, in the ordinary course event of mail, such notice shall be valid and effective only if published once (i) a disruption in the national edition circulation of The Globe & Mail that newspaper; and (ii) , once in the National Post, provided that in the case of a notice convening a meeting of the holders of Special Warrants, the Trustee may require such additional publications of that notice, in the same or in other place cities or places and manner, if anyboth, as it may deem necessary for the Corporation may requirereasonable protection of the holders of Special Warrants or to comply with any applicable requirement of law or any stock exchange. Any notice so given to Special Warrantholders by publication shall will be deemed to have been given on the last day on which it has been published in all of the cities in which publication shall have been effectedwas required (or first published in a city if more than one publication in that city is required). A copy In determining, under any provision of this Agreement, the date when notice of any meeting or other event must be given, the date of giving notice provided to the Special Warrantholders shall will be concurrently provided tothe Agent included and the Special Warrant Agent date of the meeting or the Corporation in the manner specified in Section 9.1other event will be excluded.

Notice to Special Warrantholders. Any notice to the Special Warrantholders under the provisions of this Special Warrant Indenture is valid and effective if delivered, sent by regular mail or sent by courier, to each Special Warrantholder at its address appearing on the register of Special Warrants kept by the Special Warrant Agent or, in the case of joint holders, to the first such address, and, if delivered or couriered, shall be deemed to have been given and received on the day it was delivered and, if mailed, shall be deemed to have been received on the third Business Day following the date of the postmark on such notice. Accidental error or omission in giving notice or accidental failure to mail notice to any Special Warrantholder holder will not invalidate any action or proceeding founded thereon. All notices may be given to whichever one of the Special Warrantholders (if more than one) is named first in the appropriate register hereinbefore mentioned, and any notice so given shall be sufficient notice to all Special Warrantholders of and any other persons (if any) interested in such Special Warrants. If, by reason of any interruption of mail service, actual or threatened, any notice to be given to the Special Warrantholders by the Special Warrant Agent or the Corporation would be unlikely to reach or likely to be delayed in reaching its destination in the ordinary course of mail, such notice shall be valid and effective only if published once once (i) in the national edition of The Globe & Mail newspaper; and (ii) in such other place or places and manner, if any, as the Corporation may require. Any notice given to Special Warrantholders by publication shall be deemed to have been given on the last day on which publication shall have been effected. A copy of any notice provided to the Special Warrantholders shall be concurrently provided tothe Agent to the Underwriters and the Special Warrant Agent or the Corporation in the manner specified in Section 9.18.1.

Notice to Special Warrantholders. Any notice to the Special Warrantholders under the provisions of this Special Warrant Indenture is valid and effective if delivered, sent by regular mail or sent by courier, to each Special Warrantholder at its address appearing on the register of Special Warrants kept by the Special Warrant Agent or, in the case of joint holders, to the first such address, and, if delivered or couriered, shall be deemed to have been given and received on the day it was delivered and, if mailed, shall be deemed to have been received on the third Business Day following the date of the postmark on such notice. Accidental error or omission in giving notice or accidental failure to mail notice to any Special Warrantholder will not invalidate any action or proceeding founded thereon. All notices may be given to whichever one of the Special Warrantholders (if more than one) is named first in the appropriate register hereinbefore mentioned, and any notice so given shall be sufficient notice to all Special Warrantholders of and any other persons (if any) interested in such Special Warrants. If, by reason of any interruption of mail service, actual or threatened, any notice to be given to the Special Warrantholders by the Special Warrant Agent or the Corporation would be unlikely to reach or likely to be delayed in reaching its destination in the ordinary course of mail, such notice shall be valid and effective only if published once (i) in the national edition of The Globe & Mail newspaper; and (ii) in such other place or places and manner, if any, as the Corporation may require. Any notice given to Special Warrantholders by publication shall be deemed to have been given on the last day on which publication shall have been effected. A copy of any notice provided to the Special Warrantholders shall be concurrently provided tothe Agent Underwriters and the Special Warrant Agent or the Corporation in the manner specified in Section 9.1.

Notice to Special Warrantholders. Any notice to the Special Warrantholders under the provisions of this Special Warrant Indenture is valid and effective if delivered, sent by regular mail or sent by courier, to each Special Warrantholder at its address appearing on the register of Special Warrants kept by the Special Warrant Agent or, in the case of joint holders, to the first such address, and, if delivered or couriered, shall be deemed to have been given and received on the day it was delivered and, if mailed, shall be deemed to have been received on the third Business Day following the date of the postmark on such notice. Accidental error or omission in giving notice or accidental failure to mail notice to any Special Warrantholder holder will not invalidate any action or proceeding founded thereon. All notices may be given to whichever one of the Special Warrantholders (if more than one) is named first in the appropriate register hereinbefore mentioned, and any notice so given shall be sufficient notice to all Special Warrantholders of and any other persons (if any) interested in such Special Warrants. If, by reason of any interruption of mail service, actual or threatened, any notice to be given to the Special Warrantholders by the Special Warrant Agent or the Corporation would be unlikely to reach or likely to be delayed in reaching its destination in the ordinary course of mail, such notice shall be valid and effective only if published once (i) in the national edition of The Globe & Mail newspaper; and (ii) in such other place or places and manner, if any, as the Corporation Special Warrant Agent may require. Any notice given to Special Warrantholders by publication shall be deemed to have been given on the last day on which publication shall have been effected. A copy of any notice provided to the Special Warrantholders shall be concurrently provided tothe Agent and to the Special Warrant Agent or the Corporation Underwriters in the manner specified in Section 9.18.1.

Notice to Special Warrantholders. Any (a) Unless herein otherwise expressly provided, any notice to the be given hereunder to Special Warrantholders under shall be deemed to be validly given if the provisions of this Special Warrant Indenture notice is valid and effective if delivered, sent by regular mail first class mail, postage prepaid, addressed to the holder or sent delivered by courier, hand (or so mailed to each Special Warrantholder certain holders and so delivered to other holders) at its address their respective addresses appearing on the register of Special Warrants kept maintained by the Special Warrant Agent or, and if in the case of joint holdersholders of any Special Warrants more than one address appears on the register in respect of that joint holding, the notice shall be addressed or delivered, as the case may be, only to the first such address, andas the case may be, if delivered or couriered, so appearing. Any notice so given shall be deemed to have been given and received on the day it was delivered and, if mailed, shall be deemed to have been received of delivery by hand or on the third next Business Day following the date of the postmark on such notice. Accidental error or omission in giving notice or accidental failure to mail notice to any Special Warrantholder will not invalidate any action or proceeding founded thereon. All notices may be given to whichever one of the Special Warrantholders if delivered by mail. (if more than oneb) is named first in the appropriate register hereinbefore mentioned, and any notice so given shall be sufficient notice to all Special Warrantholders of and any other persons (if any) interested in such Special Warrants. If, by reason of any interruption of mail servicestrike, lockout or other work stoppage, actual or threatened, involving postal employees, any notice to be given to the Special Warrantholders by the Special Warrant Agent or the Corporation would could reasonably be considered unlikely to reach its destination, the notice may be published or likely to be delayed in reaching its destination distributed once in the ordinary course "Report on Business" section of mail, such notice shall be valid and effective only if published once (i) in the national edition of The Globe & and Mail newspaper or, in the event of a disruption in the circulation of that newspaper, once in a daily newspaper in the English language of general circulation in the City of Vancouver, British Columbia; and (ii) provided that in the case of a notice convening a meeting of the holders of Special Warrants, the Special Warrant Agent may require such additional publications of that notice, in the same or in other place cities or places and manner, if anyboth, as it may deem necessary for the Corporation may requirereasonable protection of the holders of Special Warrants or to comply with any applicable requirement of law or any stock exchange. Any notice so given to Special Warrantholders by publication shall be deemed to have been given on the last day on which it has been published in all of the cities in which publication shall have been effectedwas required (or first published in a city if more than one publication in that city is required). A copy In determining under any provision hereof, the date when notice of any meeting or other event must be given, the date of giving notice provided to the Special Warrantholders shall be concurrently provided tothe Agent included and the Special Warrant Agent date of the meeting or the Corporation in the manner specified in Section 9.1other event shall be excluded.

Notice to Special Warrantholders. Any (a) Unless herein otherwise expressly provided, any notice to the be given hereunder to Special Warrantholders under shall be deemed to be validly given if the provisions of this Special Warrant Indenture notice is valid and effective if delivered, sent by regular mail first class mail, postage prepaid, addressed to the holder or sent delivered by courier, hand (or so mailed to each Special Warrantholder certain holders and so delivered to other holders) at its address their respective addresses appearing on the register of Special Warrants kept maintained by the Special Warrant Agent or, and if in the case of joint holdersholders of any Special Warrants more than one address appears on the register in respect of that joint holding, the notice shall be addressed or delivered, as the case may be, only to the first such address, andas the case may be, if delivered or couriered, so appearing. Any notice so given shall be deemed to have been given on the day of delivery by hand or on the next Business Day if delivered by mail. In the event that Special Warrants are held in the name of the Depository, a copy of such notice shall also be sent by electronic communication to the Depository and shall be deemed received and given on the day it was delivered and, if mailed, shall be deemed to have been received on the third Business Day following the date of the postmark on such notice. Accidental error or omission in giving notice or accidental failure to mail notice to any Special Warrantholder will not invalidate any action or proceeding founded thereon. All notices may be given to whichever one of the Special Warrantholders is so sent. (if more than oneb) is named first in the appropriate register hereinbefore mentioned, and any notice so given shall be sufficient notice to all Special Warrantholders of and any other persons (if any) interested in such Special Warrants. If, by reason of any interruption of mail servicestrike, lockout or other work stoppage, actual or threatened, involving postal employees, any notice to be given to the Special Warrantholders by the Special Warrant Agent or the Corporation would could reasonably be considered unlikely to reach its destination, the notice may be published or likely to be delayed in reaching its destination distributed once in the ordinary course “Report on Business” section of mail, such notice shall be valid and effective only if published once (i) in the national edition of The Globe & and Mail newspaper or, in the event of a disruption in the circulation of that newspaper, once in a daily newspaper in the English language of general circulation in the City of Vancouver, British Columbia and Toronto, Ontario; and (ii) provided that in the case of a notice convening a meeting of the holders of Special Warrants, the Special Warrant Agent may require such additional publications of that notice, in the same or in other place cities or places and manner, if anyboth, as it may deem necessary for the Corporation may requirereasonable protection of the holders of Special Warrants or to comply with any applicable requirement of law or any stock exchange. Any notice so given to Special Warrantholders by publication shall be deemed to have been given on the last day on which it has been published in all of the cities in which publication shall have been effectedwas required (or first published in a city if more than one publication in that city is required). A copy In determining under any provision hereof, the date when notice of any meeting or other event must be given, the date of giving notice provided to the Special Warrantholders shall be concurrently provided tothe Agent included and the Special Warrant Agent date of the meeting or the Corporation in the manner specified in Section 9.1other event shall be excluded.

Notice to Special Warrantholders. Any notice to the Special Warrantholders under the provisions of this Special Warrant Indenture is valid and effective if delivered, sent by regular mail or sent by courier, to each Special Warrantholder at its address appearing on the register of Special Warrants kept by the Special Warrant Agent or, in the case of joint holders, to the first such address, and, if delivered or couriered, shall be deemed to have been given and received on the day it was delivered and, if mailed, shall be deemed to have been received on the third Business Day following the date of the postmark on such notice. Accidental error or omission in giving notice or accidental failure to mail notice to any Special Warrantholder holder will not invalidate any action or proceeding founded thereon. All notices may be given to whichever one of the Special Warrantholders (if more than one) is named first in the appropriate register hereinbefore mentioned, and any notice so given shall be sufficient notice to all Special Warrantholders of and any other persons (if any) interested in such Special Warrants. If, by reason of any interruption of mail service, actual or threatened, any notice to be given to the Special Warrantholders by the Special Warrant Agent or the Corporation would be unlikely to reach or likely to be delayed in reaching its destination in the ordinary course of mail, such notice shall be valid and effective only if published once (i) in the national edition of The Globe & Mail newspaper; and (ii) in such other place or places and manner, if any, as the Corporation Special Warrant Agent may require. Any notice given to Special Warrantholders by publication shall be deemed to have been given on the last day on which publication shall have been effected. A copy of any notice provided to the Special Warrantholders shall be concurrently provided tothe to the Agent and the Special Warrant Agent or the Corporation in the manner specified in Section 9.18.1.

Notice to Special Warrantholders. ‌ Any notice to the Special Warrantholders under the provisions of this Special Warrant Indenture is valid and effective if delivered, sent by regular mail or sent by courier, to each Special Warrantholder at its address appearing on the register of Special Warrants kept by the Special Warrant Agent or, in the case of joint holders, to the first such address, and, if delivered or couriered, shall be deemed to have been given and received on the day it was delivered and, if mailed, shall be deemed to have been received on the third fifth (5th) Business Day following the date of the postmark on such notice. Accidental error or omission in giving notice or accidental failure to mail notice to any Special Warrantholder will not invalidate any action or proceeding founded thereon. All notices may be given to whichever one of the Special Warrantholders (if more than one) is named first in the appropriate register hereinbefore mentioned, and any notice so given shall be sufficient notice to all Special Warrantholders of and any other persons (if any) interested in such Special Warrants. If, by reason of any interruption of mail service, actual or threatened, any notice to be given to the Special Warrantholders by the Special Warrant Agent or the Corporation would be unlikely to reach or likely to be delayed in reaching its destination in the ordinary course of mail, such notice shall be valid and effective only if published once (i) in the national edition of The Globe & Mail newspaper; and (ii) in such other place or places and manner, if any, as the Corporation may require. Any notice given to Special Warrantholders by publication shall be deemed to have been given on the last day on which publication shall have been effected. A copy of any notice provided to the Special Warrantholders shall be concurrently provided tothe to the Agent and the Special Warrant Agent or the Corporation in the manner specified in Section 9.1. The Company, the Special Warrant Agent or the Agent, as the case may be, may from time to time notify the other in the manner provided in Section 9.1 of a change of address which, from the effective date of such notice and until changed by like notice, shall be the address of the Company, the Special Warrant Agent or the Agents, as the case may be, for all purposes of this Indenture. If, by reason of a strike, lockout or other work stoppage, actual or threatened, involving postal employees, any notice to be given to the Special Warrantholders hereunder could reasonably be considered unlikely to reach its destination, such notice shall be valid and effective only if it is delivered to such registered Special Warrantholders to the address for such registered Special Warrantholders contained in the register maintained by the Warrant Agent or such notice may be given, at the Company’s expense, by means of publication in the Globe and Mail, National Edition, or any other English language daily newspaper or newspapers of general circulation in Canada, in each two successive weeks, the first such notice to be published within five (5) Business Days of such event, and any such notice published shall be deemed to have been received and given on the latest date the publication takes place.