Common use of Notice to the Corporation and the Trustee Clause in Contracts

Notice to the Corporation and the Trustee. (a) Unless herein otherwise expressly provided, any notice to be given hereunder to the Corporation or the Trustee shall be deemed to be validly given if delivered, sent by registered letter, postage prepaid or telecopied: If to the Corporation: INFOWAVE SOFTWARE, INC. #188 - 4664 Xxxxxxxx Xxxxxxx Xxxxxxx, Xxxxxxx Xxxxxxxx X0X 0X0 ATTENTION: JIM XXXXXXXX Telecopy: (604) 000-0000 If to the Trustee: MONTREAL TRUST COMPANY OF CANADA 3rd Floor, 510 Xxxxxxx Xxxxxx Xxxxxxxxx, Xxxxxxx Xxxxxxxx X0X 0X0 Telecopy: (604) 000-0000 ATTENTION: MANAGER, CORPORATE TRUST DEPARTMENT and any such notice delivered in accordance with the foregoing shall be deemed to have been received on the date of delivery or, if mailed, on the fifth Business Day following the date of the postmark on such notice or, if telecopied, on the next Business Day following the date of transmission provided that its contents are transmitted and received completely and accurately. (b) The Corporation or the Trustee, as the case may be, may from time to time notify the other in the manner provided in subsection 11.1(a) 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 Corporation or the Trustee, as the case may be, for all purposes of this Indenture. (c) If, by reason of a strike, lockout or other work stoppage, actual or threatened, involving postal employees, any notice to be given to the Trustee or to the Corporation hereunder could reasonably be considered unlikely to reach its destination, such notice shall be valid and effective only if it is delivered to the named officer of the party to which it is addressed or, if it is delivered to such party at the appropriate address provided in subsection 11.1(a), by telecopy or other means of prepaid, transmitted and recorded communication.

Appears in 1 contract

Samples: Special Warrant Indenture (Infowave Software Inc)

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Notice to the Corporation and the Trustee. (a) a. Unless herein otherwise expressly provided, any notice to be given hereunder to the Corporation or the Trustee shall be deemed to be validly given if delivered, delivered or if sent by registered letter, postage prepaid or telecopied: If to the Corporation: INFOWAVE SOFTWAREGolden Star Resources Ltd. 10579 Bradford Road, INC. #188 Suite 103 Xxxxxxxxx, Xxxxxxxx 00000-0000 X.X.X. Xxtention: Peter J.L. Bradford, President Xxxsimile No.: (303) 830-9094 37 with a copy to: Field Atkinson Perraton LLP Xuite 1900, 350 - 4664 Xxxxxxxx 7th Avenue SW Xxxxxxx Xxxxxxx, Xxxxxxx Xxxxxxxx X0X 0X0 ATTENTIONXxxxxxxxx: JIM XXXXXXXX TelecopyBonnie L. Kuhn Xxxxxxxxx Xx.: (604403) 000264-0000 7084 If to the Trusteethx Xxxxxxx: MONTREAL TRUST COMPANY OF CANADA 3rd FloorCIBC Mellon Trust Company 1600, 510 Xxxxxxx Xxxxxx 1066 West Hastings Street Xxxxxxxxx, Xxxxxxx Xxxxxxxx X0X 0X0 TelecopyXxxxxxxxx: Manager, Corporate Trust Department Facsimile No.: (604) 000688-0000 ATTENTION: MANAGER, CORPORATE TRUST DEPARTMENT 4301 and any such notice delivered xxxx xxxxxx xxlivered in accordance with the foregoing shall be deemed to have been received on the date of delivery or, if mailed, on the fifth Business Day following the date of the postmark on such notice or, if telecopiedsent by telecopy, on the next Business Day following the date of transmission transmission, provided that its contents are transmitted and received completely and accurately. (b) b. The Corporation or the Trustee, as the case may be, may from time to time notify the other in the manner provided in subsection 11.1(a10.1(a) 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 Corporation or the Trustee, as the case may be, for all purposes of this Indenture. (c) c. If, by reason of a strike, lockout or other work stoppage, actual or threatened, involving postal employees, any notice to be given to the Trustee or to the Corporation hereunder could reasonably be considered unlikely to reach its destination, such notice shall be valid and effective only if it is delivered to the named officer of the party to which it is addressed or, if it is delivered to such party at the appropriate address provided in subsection 11.1(a10.1(a), by cable, telegram, telecopy or other means of prepaid, transmitted and recorded communication.

Appears in 1 contract

Samples: Warrant Indenture (Golden Star Resources LTD)

Notice to the Corporation and the Trustee. (a) a. Unless herein otherwise expressly provided, any notice to be given hereunder to the Corporation or the Trustee shall be deemed to be validly given if delivered, delivered or if sent by registered letter, postage prepaid or telecopied: If to the Corporation: INFOWAVE SOFTWAREGolden Star Resources Ltd. 00000 Xxxxxxxx Xxxx, INC. #188 - 4664 Xxxxx 000 Xxxxxxxxx, Xxxxxxxx Xxxxxxx Xxxxxxx00000-0000 X.X.X. Attention: Xxxxx X.X. Xxxxxxxx, Xxxxxxx Xxxxxxxx X0X 0X0 ATTENTION: JIM XXXXXXXX TelecopyPresident Facsimile No.: (604000) 000-0000 If to the Trustee: MONTREAL TRUST COMPANY OF CANADA 3rd FloorCIBC Mellon Trust Company 1600, 510 Xxxxxxx 0000 Xxxx Xxxxxxxx Xxxxxx Xxxxxxxxx, Xxxxxxx Xxxxxxxx X0X 0X0 TelecopyAttention: Manager, Corporate Trust Department Facsimile No.: (604000) 000-0000 ATTENTION: MANAGER, CORPORATE TRUST DEPARTMENT and any such notice delivered in accordance with the foregoing shall be deemed to have been received on the date of delivery or, if mailed, on the fifth Business Day following the date of the postmark on such notice or, if telecopiedsent by telecopy, on the next Business Day following the date of transmission transmission, provided that its contents are transmitted and received completely and accurately. (b) b. The Corporation or the Trustee, as the case may be, may from time to time notify the other in the manner provided in subsection 11.1(a10.1(a) 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 Corporation or the Trustee, as the case may be, for all purposes of this Indenture. (c) c. If, by reason of a strike, lockout or other work stoppage, actual or threatened, involving postal employees, any notice to be given to the Trustee or to the Corporation hereunder could reasonably be considered unlikely to reach its destination, such notice shall be valid and effective only if it is delivered to the named officer of the party to which it is addressed or, if it is delivered to such party at the appropriate address provided in subsection 11.1(a10.1(a), by cable, telegram, telecopy or other means of prepaid, transmitted and recorded communication.

Appears in 1 contract

Samples: Warrant Indenture (Golden Star Resources LTD)

Notice to the Corporation and the Trustee. (a) a. Unless herein otherwise expressly provided, any notice to be given hereunder to the Corporation or the Trustee shall be deemed to be validly given if delivered, delivered or if sent by registered letter, postage prepaid or telecopied: If to the Corporation: INFOWAVE SOFTWAREGolden Star Resources Ltd. 10579 Bradford Road, INC. #188 - 4664 Xxxxxxxx Xxxxxxx XxxxxxxSuite 103 Littleton, Xxxxxxx Xxxxxxxx X0X 0X0 ATTENTIONColorado 80000-0000 X.X.X. Xxxxxxxxx: JIM XXXXXXXX TelecopyXxxxx X.X. Xxxxxxxx, Xxxxxxxxx Facsimile No.: (604303) 000-0000 If to the Trustee: MONTREAL TRUST COMPANY OF CANADA 3rd FloorCIBC Mexxxx Xxxxx Xxxpany 1600, 510 Xxxxxxx Xxxxxx Xxxxxxxxx1066 West Hastings Street Vancouver, Xxxxxxx Xxxxxxxx British Columbix X0X 0X0 TelecopyXxxxxxxxx: Xxxxxxx, Xxxxxxxxx Xxxxx Xxxxxxxxxx Facsimile No.: (604) 000688-0000 ATTENTION: MANAGER, CORPORATE TRUST DEPARTMENT 4301 and any such notice delivered in accordance with the foregoing wxxx xxx xxxxxxing shall be deemed to have been received on the date of delivery or, if mailed, on the fifth Business Day following the date of the postmark on such notice or, if telecopiedsent by telecopy, on the next Business Day following the date of transmission transmission, provided that its contents are transmitted and received completely and accurately.. 37 (b) b. The Corporation or the Trustee, as the case may be, may from time to time notify the other in the manner provided in subsection 11.1(a10.1(a) 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 Corporation or the Trustee, as the case may be, for all purposes of this Indenture. (c) c. If, by reason of a strike, lockout or other work stoppage, actual or threatened, involving postal employees, any notice to be given to the Trustee or to the Corporation hereunder could reasonably be considered unlikely to reach its destination, such notice shall be valid and effective only if it is delivered to the named officer of the party to which it is addressed or, if it is delivered to such party at the appropriate address provided in subsection 11.1(a10.1(a), by cable, telegram, telecopy or other means of prepaid, transmitted and recorded communication.

Appears in 1 contract

Samples: Warrant Indenture (Golden Star Resources LTD)

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Notice to the Corporation and the Trustee. (a1) Unless herein otherwise expressly provided, any notice to be given hereunder to the Corporation or the Trustee shall be in writing and shall be deemed to be validly given if delivered, personally delivered or if sent by registered letter, postage prepaid facsimile or telecopied: If telecopy: (a) if to the Corporation: INFOWAVE SOFTWARECo-Steel Inc. Xxxxxx Xxxxx Xxxxx 0000, INC. #188 - 4664 Xxxxxxxx Xxxxxxx X.X. Xxx 000 00 Xxxx Xxxxxx Xxxx Xxxxxxx, Xxxxxxx Xxxxxxxx X0X 0X0 ATTENTION: JIM XXXXXXXX TelecopyFax: (604000) 000-0000 If Attention: Chief Financial Officer (b) if to the Trustee: MONTREAL TRUST COMPANY OF CANADA 3rd Floor, 510 Xxxxxxx The R-M Trust Company 000 Xxxxxxxxxx Xxxxxx XxxxxxxxxXxxxx Xxxxx Xxxxxxx, Xxxxxxx Xxxxxxxx X0X 0X0 TelecopyFax: (604000) 000-0000 ATTENTIONAttention: MANAGERVice-President, CORPORATE TRUST DEPARTMENT Corporate Trust Services and any such notice delivered in accordance with the foregoing shall be deemed to have been received on the date of delivery or, if mailed, on the fifth Business Day following the date of the postmark on such notice when delivered or, if telecopied, on the next Business Day following the date of transmission provided that its contents are transmitted and received completely and accuratelysuch notice has been telecopied. (b2) The Corporation or the Trustee, as the case may be, may from time to time notify the other in the manner provided in subsection 11.1(aSubsection 12.1 (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 Corporation or the Trustee, as the case may be, for all purposes of this Indenture. (c) If, by reason . A copy of a strike, lockout or other work stoppage, actual or threatened, involving postal employees, any notice of change of address given pursuant to this Subsection 12.1(2) shall be given to available for inspection at the principal office of the Trustee or to in the Corporation hereunder could reasonably be considered unlikely to reach its destination, such notice shall be valid and effective only if it is delivered to the named officer City of the party to which it is addressed or, if it is delivered to such party at the appropriate address provided in subsection 11.1(a), Toronto by telecopy or other means of prepaid, transmitted and recorded communicationDebentureholders during normal business hours.

Appears in 1 contract

Samples: Trust Indenture (Gerdau Ameristeel Corp)

Notice to the Corporation and the Trustee. (a1) Unless herein otherwise expressly providedprovided herein, any notice to be given hereunder to the Corporation or the Trustee (as the case may be) shall be deemed to be validly given if delivered, if sent by registered letter, postage prepaid or telecopied: if transmitted by telecopier: (a) If to the Corporation, to: INFOWAVE SOFTWARE, INC. #188 - 4664 Peru Copper Inc. Xxxxx 0000 000 Xxxxxxxx Xxxxxxx Xxxxxxx, Xxxxxxx Xxxxxxxx X0X 0X0 ATTENTION: JIM XXXXXXXX Telecopy: (604) 000-0000 If to the Trustee: MONTREAL TRUST COMPANY OF CANADA 3rd Floor, 510 Xxxxxxx Xxxxxx Xxxxxxxxx, Xxxxxxx Xxxxxxxx X0X 0X0 TelecopyAttention: Chief Executive Officer Fax No.: (604000) 000-0000 ATTENTIONwith a copy to: MANAGERXxxxxxx Xxxxx & Xxxxxxxxx LLP Scotia Plaza, CORPORATE TRUST DEPARTMENT Suite 2100 00 Xxxx Xxxxxx Xxxx Xxxxxxx, Xxxxxxx X0X 0X0 Attention: Xxxx X. Xxxxxxx Fax No.: (000)000-0000 (b) If to the Trustee, to: Computershare Trust Company of Canada 000 Xxxxxxxxxx Xxxxxx, 0xx Xxxxx Xxxxxxx, XX X0X 0X0 Attention: Manager, Corporate Trust Fax No.: (000)000-0000 and any such notice delivered given in accordance with the foregoing shall be deemed to have been received on the date of delivery if that date is a Business Day or, if mailed, on the fifth Business Day following the date of the postmark on such notice or, if telecopiedtransmitted by telecopier, on the next Business Day day following the date of transmission provided that its contents are transmitted and received completely and accuratelytransmission. (b2) The Corporation or the Trustee, as the case may be, may from time to time notify the other in the manner provided in subsection 11.1(a8.1(1) of a change of address whichthat, from the effective date of such notice and until changed by like notice, shall be the address of the Corporation or the Trustee, as the case may be, for all purposes of this Indenture. A copy of any notice of change of address given pursuant to this subsection 8.1(2) shall be available for inspection at the principal stock transfer office of the Trustee in the City of Toronto, Ontario by Noteholders during normal business hours. (c3) If, by reason of a strike, lockout or other work stoppage, actual or threatened, involving postal employees, any notice to be given to the Trustee or to the Corporation hereunder could reasonably be considered unlikely to reach its destination, such the notice shall be valid and effective only if it is delivered to the named an officer of the party to which it is addressed or, or if it is delivered to such that party at the appropriate address provided in subsection 11.1(a)8.1(1) by cable, by telecopy telegram, telex, telecopier or other means of prepaid, transmitted or recorded communication and any notice delivered in accordance with the foregoing shall be deemed to have been received on the date of delivery to the officer or if delivered by cable, telegram, telex, telecopier or other means of prepaid, transmitted, recorded communicationcommunication on the third Business Day following the date of the sending of the notice by the person giving the notice.

Appears in 1 contract

Samples: Note Indenture (Peru Copper Inc.)

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