Common use of Notices and Demands on Company, the Guarantor, Trustee and Securityholders Clause in Contracts

Notices and Demands on Company, the Guarantor, Trustee and Securityholders. Any notice, request, instruction, communication, direction or demand which by any provision of this Indenture is required or permitted to be given or served by the Trustee, by the Holders of Securities to the Company or the Guarantor shall be in English and in writing and shall be given or served in person or by being deposited postage prepaid, first-class mail (except as otherwise specifically provided herein), by overnight courier or facsimile transmission addressed (until another address of the Company or the Guarantor is filed by the Company or the Guarantor with the Trustee) to Alterra Finance LLC, c/o Alterra Capital Holdings Limited, Alterra House, 0 Xxxxx Xxxxxx, Xxxxxxxx, XX 00, Bermuda, Attention: General Counsel with a copy to the Chief Financial Officer. Notice, request, instruction, communication, direction or demand by the Company or the Guarantor or any Securityholder to the Trustee shall be in English and in writing and delivered in person, overnight courier, via facsimile or by postage pre-paid, first-class mail and shall be deemed to have been sufficiently given or made, for all purposes, if actually received at the Corporate Trust Office. Any facsimiles to the Trustee shall be sent to fax number (000) 000-0000 or (000) 000-0000. 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 by first-class mail, postage prepaid to such Holders as their names and addresses appear in the Security Register within the time prescribed. 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 any case where notice to Holders is given by mail, neither the failure to mail such notice, nor any defect in any notice so mailed to any particular Holder shall affect the sufficiency of such notice with respect to other Holders, 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 or irregularities in regular mail service, it shall be impracticable to mail notice to the Company, the Guarantor and Securityholders 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. In respect of this Indenture, the Trustee shall not have any duty or obligation to verify or confirm that the Person sending instructions, directions, reports, notices or other communications or information by electronic transmission is, in fact, a Person authorized to give such instructions, directions, reports, notices or other communications or information on behalf of the party purporting to send such electronic transmission; and the Trustee shall not have any liability for any losses, liabilities, costs or expenses incurred or sustained by any party as a result of such reliance upon or compliance with such instructions, directions, reports, notices or other communications or information. Each other party agrees to assume all risks arising out the use of electronic methods to submit instructions, directions, reports, notices or other communications or information to the Trustee, including without limitation the risk of the Trustee acting on unauthorized instructions, notices or other communications or information, and the risk of interception and misuse by third parties.

Appears in 2 contracts

Samples: Senior Indenture (Markel Corp), Senior Indenture (ALTERRA CAPITAL HOLDINGS LTD)

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Notices and Demands on Company, the Guarantor, Trustee and Securityholders. Any notice, request, instruction, communication, direction notice or demand which by any provision of this Indenture is required or permitted to be given or served by the Trustee, by the Holders of Securities to or on the Company or the Guarantor shall be in English and in writing and shall be given or served in person or by being deposited postage prepaid, first-class mail (except as otherwise specifically provided herein), by overnight courier or facsimile transmission ) addressed (until another address of the Company or the Guarantor is filed by the Company or the Guarantor with the Trustee) to Alterra Finance LLCMax USA Holdings Ltd., c/o Alterra Max Re Capital Holdings LimitedLtd., Alterra Max Re House, 0 Xxxxx Xxxxxx, Xxxxxxxx, XX 00, Bermuda, Attention: General Counsel with a copy to the Chief Financial Officer. NoticeAny notice, requestdirection, instruction, communication, direction request or demand by the Company or the Guarantor or any Securityholder to or upon the Trustee shall be in English and in writing and delivered in person, overnight courier, via facsimile or by postage pre-paid, first-class mail and shall be deemed to have been sufficiently given or made, for all purposes, if actually received at the Corporate Trust Office. Any facsimiles to the Trustee shall be sent to fax number (000) 000-0000 or (000) 000-0000. 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 by first-class mail, postage prepaid to such Registered Holders as their names and addresses appear in the Security Register within the time prescribed. 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 any case where notice to Holders is given by mail, neither the failure to mail such notice, nor any defect in any notice so mailed to any particular Holder shall affect the sufficiency of such notice with respect to other Holders, 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 or irregularities in regular mail service, it shall be impracticable to mail notice to the Company, the Guarantor and Securityholders 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. In respect of this Indenture, the Trustee shall not have any duty or obligation to verify or confirm that the Person sending instructions, directions, reports, notices or other communications or information by electronic transmission is, in fact, a Person authorized to give such instructions, directions, reports, notices or other communications or information on behalf of the party purporting to send such electronic transmission; and the Trustee shall not have any liability for any losses, liabilities, costs or expenses incurred or sustained by any party as a result of such reliance upon or compliance with such instructions, directions, reports, notices or other communications or information. Each other party agrees to assume all risks arising out the use of electronic methods to submit instructions, directions, reports, notices or other communications or information to the Trustee, including without limitation the risk of the Trustee acting on unauthorized instructions, notices or other communications or information, and the risk of interception and misuse by third parties.

Appears in 1 contract

Samples: Indenture (Max Re Capital LTD)

Notices and Demands on Company, the Guarantor, Trustee and Securityholders. Any notice, request, instruction, communication, direction notice or demand which by any provision of this Indenture is required or permitted to be given or served by the Trustee, by the Holders of Securities to or on the Company or the Guarantor shall be in English and in writing and shall be given or served in person or by being deposited postage prepaid, first-class mail (except as otherwise specifically provided herein), by overnight courier or facsimile transmission ) addressed (until another address of the Company or the Guarantor is filed by the Company or the Guarantor with the Trustee) to Alterra Finance LLCMax USA Holdings Ltd., c/o Alterra Max Capital Holdings LimitedGroup Ltd., Alterra HouseMxx Xxxxx, 0 Xxxxx Xxxxxx, Xxxxxxxx, XX 00, Bermuda, Attention: General Counsel with a copy to the Chief Financial Officer. NoticeAny notice, requestdirection, instruction, communication, direction request or demand by the Company or the Guarantor or any Securityholder to or upon the Trustee shall be in English and in writing and delivered in person, overnight courier, via facsimile or by postage pre-paid, first-class mail and shall be deemed to have been sufficiently given or made, for all purposes, if actually received at the Corporate Trust Office. Any facsimiles to the Trustee shall be sent to fax number (000) 000-0000 or (000) 000-0000. 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 by first-class mail, postage prepaid to such Registered Holders as their names and addresses appear in the Security Register within the time prescribed. Where this Indenture provides for notice in any manner, such notice may be waived in writing by the Person entitled to receive such notice, 72 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 any case where notice to Holders is given by mail, neither the failure to mail such notice, nor any defect in any notice so mailed to any particular Holder shall affect the sufficiency of such notice with respect to other Holders, 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 or irregularities in regular mail service, it shall be impracticable to mail notice to the Company, the Guarantor and Securityholders 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. In respect of this Indenture, the Trustee shall not have any duty or obligation to verify or confirm that the Person sending instructions, directions, reports, notices or other communications or information by electronic transmission is, in fact, a Person authorized to give such instructions, directions, reports, notices or other communications or information on behalf of the party purporting to send such electronic transmission; and the Trustee shall not have any liability for any losses, liabilities, costs or expenses incurred or sustained by any party as a result of such reliance upon or compliance with such instructions, directions, reports, notices or other communications or information. Each other party agrees to assume all risks arising out the use of electronic methods to submit instructions, directions, reports, notices or other communications or information to the Trustee, including without limitation the risk of the Trustee acting on unauthorized instructions, notices or other communications or information, and the risk of interception and misuse by third parties.

Appears in 1 contract

Samples: Max USA Holdings Ltd.

Notices and Demands on Company, the Guarantor, Trustee and Securityholders. Any notice, request, instruction, communication, direction or demand which by any provision of this Indenture is required or permitted to be given or served by the Trustee, by the Holders of Securities to the Company or the Guarantor shall be in English and in writing and shall be given or served in person or by being deposited postage prepaid, first-class mail (except as otherwise specifically provided herein), by overnight courier or facsimile transmission addressed (until another address of the Company or the Guarantor is filed by the Company or the Guarantor with the Trustee) to Alterra Finance LLC, c/o Alterra Capital Holdings Limited, Alterra HouseXxxxxxx Xxxxx, 0 Xxxxx Xxxxxx, Xxxxxxxx, XX 00, Bermuda, Attention: General Counsel with a copy to the Chief Financial Officer. Noticenotice, request, instruction, communication, direction or demand by the Company or the Guarantor or any Securityholder to the Trustee shall be in English and in writing and delivered in person, overnight courier, via facsimile or by postage pre-paid, first-class mail and shall be deemed to have been sufficiently given or made, for all purposes, if actually received at the Corporate Trust Office. Any facsimiles to the Trustee shall be sent to fax number (000) 000-0000 or (000) 000-0000. 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 by first-class mail, postage prepaid to such Holders as their names and addresses appear in the Security Register within the time prescribed. 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 any case where notice to Holders is given by mail, neither the failure to mail such notice, nor any defect in any notice so mailed to any particular Holder shall affect the sufficiency of such notice with respect to other Holders, 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 or irregularities in regular mail service, it shall be impracticable to mail notice to the Company, the Guarantor and Securityholders 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. In respect of this Indenture, the Trustee shall not have any duty or obligation to verify or confirm that the Person sending instructions, directions, reports, notices or other communications or information by electronic transmission is, in fact, a Person authorized to give such instructions, directions, reports, notices or other communications or information on behalf of the party purporting to send such electronic transmission; and the Trustee shall not have any liability for any losses, liabilities, costs or expenses incurred or sustained by any party as a result of such reliance upon or compliance with such instructions, directions, reports, notices or other communications or information. Each other party agrees to assume all risks arising out the use of electronic methods to submit instructions, directions, reports, notices or other communications or information to the Trustee, including without limitation the risk of the Trustee acting on unauthorized instructions, notices or other communications or information, and the risk of interception and misuse by third parties.

Appears in 1 contract

Samples: Senior Indenture (Alterra Finance LLC)

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Notices and Demands on Company, the Guarantor, Trustee and Securityholders. Any notice, request, instruction, communication, direction notice or demand which by any provision of this Indenture is required or permitted to be given or served by the Trustee, by the Holders of Securities to or on the Company or the Guarantor shall be in English and in writing and shall be given or served in person or by being deposited postage prepaid, first-class mail (except as otherwise specifically provided herein), by overnight courier or facsimile transmission ) addressed (until another address of the Company or the Guarantor is filed by the Company or the Guarantor with the Trustee) to Alterra Finance LLCMax USA Holdings Ltd., c/o Alterra Max Capital Holdings LimitedGroup Ltd., Alterra HouseMxx Xxxxx, 0 Xxxxx Xxxxxx, Xxxxxxxx, XX 00, Bermuda, Attention: General Counsel with a copy to the Chief Financial Officer. NoticeAny notice, requestdirection, instruction, communication, direction request or demand by the Company or the Guarantor or any Securityholder to or upon the Trustee shall be in English and in writing and delivered in person, overnight courier, via facsimile or by postage pre-paid, first-class mail and shall be deemed to have been sufficiently given or made, for all purposes, if actually received at the Corporate Trust Office. Any facsimiles to the Trustee shall be sent to fax number (000) 000-0000 or (000) 000-0000. 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 by first-class mail, postage prepaid to such Registered Holders as their names and addresses appear in the Security Register within the time prescribed. 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 any case where notice to Holders is given by mail, neither the failure to mail such notice, nor any defect in any notice so mailed to any particular Holder shall affect the sufficiency of such notice with respect to other Holders, 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 or irregularities in regular mail service, it shall be impracticable to mail notice to the Company, the Guarantor and Securityholders 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. In respect of this Indenture, the Trustee shall not have any duty or obligation to verify or confirm that the Person sending instructions, directions, reports, notices or other communications or information by electronic transmission is, in fact, a Person authorized to give such instructions, directions, reports, notices or other communications or information on behalf of the party purporting to send such electronic transmission; and the Trustee shall not have any liability for any losses, liabilities, costs or expenses incurred or sustained by any party as a result of such reliance upon or compliance with such instructions, directions, reports, notices or other communications or information. Each other party agrees to assume all risks arising out the use of electronic methods to submit instructions, directions, reports, notices or other communications or information to the Trustee, including without limitation the risk of the Trustee acting on unauthorized instructions, notices or other communications or information, and the risk of interception and misuse by third parties.

Appears in 1 contract

Samples: Max USA Holdings Ltd.

Notices and Demands on Company, the Guarantor, Trustee and Securityholders. Any notice, request, instruction, communication, direction or demand which by any provision of this Indenture is required or permitted to be given or served by the Trustee, by the Holders of Securities to or on the Company or the Guarantor shall be in English and in writing and shall be given or served in person or by being deposited postage prepaid, first-class mail (except as otherwise specifically provided herein), by overnight courier or facsimile transmission addressed (until another address of the Company or the Guarantor is filed by the Company or the Guarantor with the Trustee) to Alterra Finance LLC, c/o Alterra Capital Holdings Limited, Alterra HouseXxxxxxx Xxxxx, 0 Xxxxx Xxxxxx, Xxxxxxxx, XX 00, Bermuda, Attention: General Counsel with a copy to the Chief Financial Officer. Noticenotice, request, instruction, communication, direction or demand by the Company or the Guarantor or any Securityholder to the Trustee shall be in English and in writing and delivered in person, overnight courier, via facsimile or by postage pre-paid, first-class mail and shall be deemed to have been sufficiently given or made, for all purposes, if actually received at the Corporate Trust Office. Any facsimiles to the Trustee shall be sent to fax number (000) 000-0000 or (000) 000-0000. 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 by first-class mail, postage prepaid to such Holders as their names and addresses appear in the Security Register within the time prescribed. 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 any case where notice to Holders is given by mail, neither the failure to mail such notice, nor any defect in any notice so mailed to any particular Holder shall affect the sufficiency of such notice with respect to other Holders, 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 or irregularities in regular mail service, it shall be impracticable to mail notice to the Company, the Guarantor and Securityholders 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. In respect of this Indenture, the Trustee shall not have any duty or obligation to verify or confirm that the Person sending instructions, directions, reports, notices or other communications or information by electronic transmission is, in fact, a Person authorized to give such instructions, directions, reports, notices or other communications or information on behalf of the party purporting to send such electronic transmission; and the Trustee shall not have any liability for any losses, liabilities, costs or expenses incurred or sustained by any party as a result of such reliance upon or compliance with such instructions, directions, reports, notices or other communications or information. Each other party agrees to assume all risks arising out the use of electronic methods to submit instructions, directions, reports, notices or other communications or information to the Trustee, including without limitation the risk of the Trustee acting on unauthorized instructions, notices or other communications or information, and the risk of interception and misuse by third parties.

Appears in 1 contract

Samples: Alterra Finance LLC

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