Common use of Notices and Demands on Company, Trustee and Noteholders Clause in Contracts

Notices and Demands on Company, Trustee and Noteholders. Any notice or demand which by any provision of this Indenture is required or permitted to be given or served by the Trustee or by the Holders to or on the Company may be given or served by being deposited postage prepaid, first-class mail (except as otherwise specifically provided herein) addressed (until another address of the Company is filed by the Company with the Trustee) to Edison Mission Energy, 00000 Xxx Xxxxxx Xxxxxx, Suite 1700, Irvine, California 92612, Attention: Chief Financial Officer. Any notice, direction, request or demand by the Company or any Noteholder to or upon the Trustee shall be deemed to have been sufficiently given or made, for all purposes, if given or made at the Corporate Trust Office. Where this Indenture provides for notice to Holders, such notice shall be sufficiently given (unless otherwise herein expressly provided) if in writing and mailed, first-class postage prepaid, to each Holder entitled thereto, at his last address as it appears in the Notes Register. 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. 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, it shall be impracticable to mail notice to the Company and Noteholders 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.

Appears in 3 contracts

Samples: Indenture (Edison Mission Finance Co), Indenture (Edison Mission Energy), Indenture (Edison Mission Energy)

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Notices and Demands on Company, Trustee and Noteholders. Any notice or demand which that by any provision of this Indenture is required or permitted to be given or served by the Trustee or by the Holders of Notes to or on the Company may be given or served by facsimile transmission or telex or by being deposited postage prepaid, first-class mail sent by courier (except as otherwise specifically provided herein) addressed (until another address of the Company is filed by the Company with the Trustee) to Edison Mission Energyit at Tucumán 0, 00000 Xxx Xxxx 00, (0000) Xxxxxx XxxxxxXxxxx, Suite 1700, Irvine, California 92612Xxxxxxxxx, Attention: Chief Xxxx Xxxxx, Financial OfficerController. Any notice, direction, request or demand by the Company or any Noteholder to or upon the Trustee shall be deemed to have been sufficiently given or made, for all purposes, if given or made at the Corporate Trust OfficeOffice of the Trustee. Where this Indenture provides for notice Any notice, request or demand by the Company or any Noteholder to Holders, such notice or upon the Registrar in Argentina shall be deemed to have been sufficiently given or made, for all purposes, if made at 25 xx Xxxx 000, (unless otherwise herein expressly provided0000) Xxxxxx Xxxxx, Xxxxxxxxx. All notices regarding the Notes of any Series will be deemed to have been duly given to the Holders of such Notes (i) if in writing and mailed, first-class postage prepaid, to each Holder entitled thereto, of a Registered Note of such Series at his last the address of such Holder as it appears in the Register, not earlier than the earliest date and not later than the latest date prescribed for the giving of such notice and any such notice shall be deemed to have been given on the date of such mailing; and (ii) upon publication in a widely circulated newspaper, Argentina and, if the Notes Registerof such Series are listed on the Buenos Aires Stock Exchange and/or on the Argentine Over-The-Counter Market, as the case may be, in the Bulletin of the Buenos Aires Stock Exchange and/or in the Bulletin of the Argentine Over-The-Counter Market, as the case may be. Any such notice will be deemed to have been given on the date of such publication or, if notice is required to be published more than once or on different dates, on the last date on which publication is made as so required. In any case where addition, the Company shall be required to cause all such other publications of such notices as may be required from time to time by applicable Argentine law and regulations. Any aforementioned notice (a) if sent by courier as provided above shall be deemed to Holders have been given, made or served on the day on which the courier confirms delivery to the address specified above, (b) if given by facsimile transmission, when such facsimile is transmitted to the telephone number specified in this paragraph and telephone confirmation of receipt thereof is received, (c) if given by telex, when such telex is transmitted to the telex number specified in this paragraph and telephonic confirmation of receipt thereof is received or (d) if given by publication or by mail, neither as provided above. Notwithstanding the failure to mail such noticeforegoing, nor any defect in any notice so mailed, or other communication to any particular Holder the Trustee shall affect be deemed given only upon actual receipt thereof by the sufficiency of such notice with respect to other HoldersTrustee. 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. Except as otherwise provided herein or in the Notes of a Series, the Company agrees to give the Trustee the English text of any notice that the Company is required to provide to the Noteholders pursuant hereto and to the Notes of such Series, at least 5 days prior to the earliest date on which such notice is required to be given. In case, by reason of the suspension of or irregularities in regular mail service, the temporary suspension of publication or general circulation of any newspaper or otherwise, it shall be be, in the opinion of the Trustee, impracticable to mail or publish notice to the Company and Noteholders 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.

Appears in 1 contract

Samples: Indenture (Telefonica of Argentina Inc)

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