Common use of Notices and Demands on Issuer, Trustee and Holders of Securities Clause in Contracts

Notices and Demands on Issuer, Trustee and Holders of Securities. 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 of Securities to or on the Issuer 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 Issuer is filed by the Issuer with the Trustee) to Intercept Pharmaceuticals, Inc., 10 Xxxxxx Xxxxx, 37th Floor, New York, New York 10001, Attn: Chief Financial Officer. Any notice, direction, request or demand by the Issuer or any Holder of Securities to or upon the Trustee shall be deemed to have been sufficiently given or made, for all purposes, if given or made at U.S. Bank National Association, Global Corporate Trust Services, CityPlace I, 185 Asylum Street, 20xx Xxxxx, Xxxxxxxx, Xxxxxxxxxxx 00000, Attn: J. Xxxxxx (Intercept Pharmaceuticals, Inc.). Where this Indenture provides for notice to Holders of Securities, 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 or her last address as it appears in the Security register. In case, by reason of the suspension of or irregularities in regular mail service, it shall be impracticable to mail notice of any event to Holders of Securities when said notice is required to be given pursuant to any provision of this Indenture or of the Securities, 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. Neither the failure to give notice, nor any defect in any notice so given, to any particular Holder of a Security shall affect the sufficiency of such notice with respect to other Holders of Securities given as provided above. 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. Notwithstanding any other provision of this Indenture or any Security, where this Indenture or any Security provides for notice of any event to a Holder of a Global Security (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 the Depositary’s operational arrangements or other applicable Depositary requirements.

Appears in 3 contracts

Samples: Indenture (Intercept Pharmaceuticals, Inc.), Security Agreement (Intercept Pharmaceuticals, Inc.), Security Agreement (Intercept Pharmaceuticals, Inc.)

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Notices and Demands on Issuer, Trustee and Holders of Securities. 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 of Securities to or on the Issuer or any Guarantor may be given or served by being deposited postage prepaid, first-class mail or by overnight delivery, courier or facsimile (with a confirmation copy delivered via one of the preceding methods of delivery) (except as otherwise specifically provided herein) addressed (until another address of the Issuer is filed by the Issuer with the Trustee) as follows: If to Intercept Pharmaceuticalsthe Issuer: LaSalle Funding LLC 000 Xxxxx XxXxxxx Xxxxxx Xxxxxxx, Inc., 10 Xxxxxxxx 00000 Legal Department Attention: Xxxxxxxx Xxxxx If to the Guarantors: ABN AMRO Holding N.V. Xxxxxx Xxxxx, 37th Floor, New York, New York 10001, AttnXxxxxxxxxx 00 0000 XX Xxxxxxxxx Xxx Xxxxxxxxxxx Attention: Chief Financial Officer. Central Legal Department Any notice, direction, request or demand by the Issuer Issuer, any Guarantor or any Holder of Securities to or upon the Trustee shall be deemed to have been sufficiently given or madeserved by being deposited postage prepaid, for all purposesfirst-class mail or by overnight delivery, if given courier or made at U.S. facsimile (with a confirmation copy delivered via one of the preceding methods of delivery) (except as otherwise specifically provided herein) addressed (until another address of the Trustee is filed by the Trustee with the Issuer and the Guarantors) to: The Bank National Associationof New York Trust Company, Global N.A. 0 Xxxxx XxXxxxx Xxxxxx, Xxxxx 0000 Xxxxxxx, Xxxxxxxx 00000 Attention: Corporate Trust Services, CityPlace I, 185 Asylum Street, 20xx Xxxxx, Xxxxxxxx, Xxxxxxxxxxx 00000, Attn: J. Xxxxxx (Intercept Pharmaceuticals, Inc.). Department Where this Indenture provides for notice to Holders of Registered Securities, such notice shall be sufficiently given (unless otherwise herein expressly provided) if in writing and mailed, first-class postage prepaid, or by overnight delivery, courier or facsimile (with a confirmation copy delivered via one of the preceding methods of delivery), to each Holder entitled thereto, at his or her last address as it appears in the Security register. In caseany case where notice to such Holders is given by mail, by reason of the suspension of or irregularities in regular mail service, it shall be impracticable to mail notice of any event to Holders of Securities when said notice is required to be given pursuant to any provision of this Indenture or of the Securities, 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. Neither neither the failure to give mail such notice, nor any defect in any notice so givenmailed, to any particular Holder of a Security shall affect the sufficiency of such notice with respect to other Holders of Securities given as provided aboveHolders. Where this Indenture provides for notice in any manner, such notice may be waived in writing by the Person entitled to receive such notice 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. Notwithstanding In case, by reason of the suspension of or irregularities in regular mail service, it shall be impracticable to mail notice to the Issuer or any other Guarantor when such notice is required to be given pursuant to any provision of this Indenture or Indenture, then any Security, where this Indenture or any Security provides for notice manner of any event to a Holder of a Global Security (whether by mail or otherwise), giving such notice as shall be sufficiently given if given reasonably satisfactory to the Depositary (or its designee) pursuant Trustee shall be deemed to the standing instructions from the Depositary or its designee, including by electronic mail in accordance with the Depositary’s operational arrangements or other applicable Depositary requirementsbe a sufficient giving of such notice.

Appears in 3 contracts

Samples: Senior Indenture (Bank of America Corp /De/), Abn Amro Bank Nv, Abn Amro Bank Nv

Notices and Demands on Issuer, Trustee and Holders of Securities. 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 of Securities to or on the Issuer 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 Issuer is filed by the Issuer with the Trustee) to Intercept PharmaceuticalsExelon Generation Company, Inc.LLC, 10 Xxxxxx 00 Xxxxx Xxxxxxxx Xxxxxx, 00xx Xxxxx, 37th FloorXxxxxxx, New YorkXxxxxxxx 00000-0000, New York 10001, AttnAttention: Chief Financial OfficerSecretary. Any notice, direction, request or demand by the Issuer or any Holder of Securities to or upon the Trustee shall be deemed to have been sufficiently given or madeserved by being deposited postage prepaid, for all purposesfirst-class mail (except as otherwise specifically provided herein) addressed (until another address of the Trustee is filed by the Trustee with the Issuer) to, if given or made at U.S. Bank National AssociationTwo Liberty Place, Global 00 X. 00xx Xxxxxx, Xxxxx 0000, Xxxxxxxxxxxx, XX 00000 Attention: Corporate Trust Services, CityPlace I, 185 Asylum Street, 20xx Xxxxx, Xxxxxxxx, Xxxxxxxxxxx 00000, Attn: J. Xxxxxx (Intercept Pharmaceuticals, Inc.)Department. Where this Indenture provides for notice to Holders of Registered Securities, such notice shall be sufficiently given (unless otherwise herein expressly provided) if in writing and mailed, first-class mail, postage prepaid, to each Holder entitled thereto, at his or her last address as it appears in the Security register. In caseany case where notice to such Holders is given by mail, by reason of the suspension of or irregularities in regular mail service, it shall be impracticable to mail notice of any event to Holders of Securities when said notice is required to be given pursuant to any provision of this Indenture or of the Securities, 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. Neither neither the failure to give mail such notice, nor any defect in any notice so givenmailed, to any particular Holder of a Security shall affect the sufficiency of such notice with respect to other Holders of Securities given as provided aboveHolders. Where this Indenture provides for notice in any manner, such notice may be waived in writing by the Person entitled to receive such notice 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. Notwithstanding In case, by reason of the suspension of or irregularities in regular mail service, it shall be impracticable to mail notice to the Issuer when such notice is required to be given pursuant to any other provision of this Indenture or Indenture, then any Security, where this Indenture or any Security provides for notice manner of any event to a Holder of a Global Security (whether by mail or otherwise), giving such notice as shall be sufficiently given if given reasonably satisfactory to the Depositary (or its designee) pursuant Trustee shall be deemed to the standing instructions from the Depositary or its designee, including by electronic mail in accordance with the Depositary’s operational arrangements or other applicable Depositary requirementsbe a sufficient giving of such notice.

Appears in 2 contracts

Samples: Indenture (Exelon Generation Co LLC), Indenture (Exelon Generation Co LLC)

Notices and Demands on Issuer, Trustee and Holders of Securities. 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 of Securities to or on the Issuer Issuer, or as required pursuant to the Trust Indenture Act of 1939, 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 Issuer is filed by the Issuer with the Trustee) to Intercept PharmaceuticalsX. Xxxxxxxxx Enterprises, Inc., 10 000 Xxxx Xxxxx Xxxxxx, X.X. Xxx 000, Xxx Xxxx, Xxx Xxxxxx Xxxxx, 37th Floor, New York, New York 10001, Attn: Chief Financial Officer00000. Any notice, direction, request or demand by the Issuer or any Holder of Securities to or upon the Trustee shall be deemed to have been sufficiently given or madeserved by being deposited postage prepaid, for all purposesfirst-class mail (except as otherwise specifically provided herein) addressed (until another address of the Trustee is filed by the Trustee with the Issuer) to Wilmington Trust Company, if given or made at U.S. Bank National AssociationXxxxxx Square North, Global Corporate Trust Services0000 Xxxxx Xxxxxx Xxxxxx, CityPlace IXxxxxxxxxx, 185 Asylum Street, 20xx Xxxxx, Xxxxxxxx, Xxxxxxxxxxx 00000, Attn: J. Xxxxxx (Intercept Pharmaceuticals, Inc.XX 00000 [specify series of Securities]). Where this Indenture provides for notice to Holders of Securities, 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 or her last address as it appears in the Security register. In case, by reason of the suspension of or irregularities in regular mail service, it shall be impracticable to mail notice of any event to Holders of Securities when said notice is required to be given pursuant to any provision of this Indenture or of the Securities, 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. Neither the failure to give notice, nor any defect in any notice so given, to any particular Holder of a Security shall affect the sufficiency of such notice with respect to other Holders of Securities given as provided above. Where this Indenture provides for notice in any manner, such notice may be waived in writing by the Person entitled to receive such notice 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. Notwithstanding In case, by reason of the suspension of or irregularities in regular mail service, it shall be impracticable to mail notice to the Issuer when such notice is required to be given pursuant to any other provision of this Indenture or Indenture, then any Security, where this Indenture or any Security provides for notice manner of any event to a Holder of a Global Security (whether by mail or otherwise), giving such notice as shall be sufficiently given if given reasonably satisfactory to the Depositary (or its designee) pursuant Trustee shall be deemed to the standing instructions from the Depositary or its designee, including by electronic mail in accordance with the Depositary’s operational arrangements or other applicable Depositary requirementsbe sufficient notice.

Appears in 2 contracts

Samples: Hovnanian Enterprises Inc, Hovnanian Enterprises Inc

Notices and Demands on Issuer, Trustee and Holders of Securities. 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 of Securities to or on the Issuer Issuer, or as required pursuant to the Trust Indenture Act of 1939, 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 Issuer is filed by the Issuer with the Trustee) to Intercept PharmaceuticalsHovnanian Enterprises, Inc., 10 000 Xxxx Xxxxx Xxxxxx, X.X. Xxx 000, Xxx Xxxx, Xxx Xxxxxx Xxxxx, 37th Floor, New York, New York 10001, Attn: Chief Financial Officer00000. Any notice, direction, request or demand by the Issuer or any Holder of Securities to or upon the Trustee shall be deemed to have been sufficiently given or madeserved by being deposited postage prepaid, for all purposesfirst-class mail (except as otherwise specifically provided herein) addressed (until another address of the Trustee is filed by the Trustee with the Issuer) to Wilmington Trust Company, if given or made at U.S. Bank National AssociationXxxxxx Square North, Global Corporate Trust Services0000 Xxxxx Xxxxxx Xxxxxx, CityPlace IXxxxxxxxxx, 185 Asylum Street, 20xx Xxxxx, Xxxxxxxx, Xxxxxxxxxxx 00000, Attn: J. Xxxxxx (Intercept Pharmaceuticals, Inc.XX 00000 [specify series of Securities]). Where this Indenture provides for notice to Holders of Securities, 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 or her last address as it appears in the Security register. In case, by reason of the suspension of or irregularities in regular mail service, it shall be impracticable to mail notice of any event to Holders of Securities when said notice is required to be given pursuant to any provision of this Indenture or of the Securities, 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. Neither the failure to give notice, nor any defect in any notice so given, to any particular Holder of a Security shall affect the sufficiency of such notice with respect to other Holders of Securities given as provided above. Where this Indenture provides for notice in any manner, such notice may be waived in writing by the Person entitled to receive such notice 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. Notwithstanding In case, by reason of the suspension of or irregularities in regular mail service, it shall be impracticable to mail notice to the Issuer when such notice is required to be given pursuant to any other provision of this Indenture or Indenture, then any Security, where this Indenture or any Security provides for notice manner of any event to a Holder of a Global Security (whether by mail or otherwise), giving such notice as shall be sufficiently given if given reasonably satisfactory to the Depositary (or its designee) pursuant Trustee shall be deemed to the standing instructions from the Depositary or its designee, including by electronic mail in accordance with the Depositary’s operational arrangements or other applicable Depositary requirementsbe sufficient notice.

Appears in 2 contracts

Samples: Hovnanian Enterprises Inc, Hovnanian Enterprises Inc

Notices and Demands on Issuer, Trustee and Holders of Securities. 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 of Securities to or on the Issuer Issuer, or as required pursuant to the Trust Indenture Act of 1939, 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 Issuer is filed by the Issuer with the Trustee) to Intercept PharmaceuticalsHovnanian Enterprises, Inc., 10 Xxxxxx XxxxxHighway 35, 37th FloorP.O. Box 500, Red Bank, New York, New York 10001, Attn: Chief Financial OfficerJersey 07701. Any notice, directionxxxxxxxxx, request or demand by the Issuer or any Holder rexxxxx xx xxxxxx xx xxx Xxxxxx xx xxx Xxxder of Securities to or upon the Trustee shall be deemed to have been sufficiently given or madeserved by being deposited postage prepaid, for all purposesfirst-class mail (except as otherwise specifically provided herein) addressed (until another address of the Trustee is filed by the Trustee with the Issuer) to , if given or made at U.S. Bank National Association[address], Global [attention: Corporate Trust ServicesAdministration (Hovnanian Enterprises, CityPlace I, 185 Asylum Street, 20xx Xxxxx, Xxxxxxxx, Xxxxxxxxxxx 00000, Attn: J. Xxxxxx (Intercept Pharmaceuticals, Inc.Inc. [specify series of Securities])]. Where this Indenture provides for notice to Holders of Securities, 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 or her last address as it appears in the Security register. In case, by reason of the suspension of or irregularities in regular mail service, it shall be impracticable to mail notice of any event to Holders of Securities when said notice is required to be given pursuant to any provision of this Indenture or of the Securities, 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. Neither the failure to give notice, nor any defect in any notice so given, to any particular Holder of a Security shall affect the sufficiency of such notice with respect to other Holders of Securities given as provided above. Where this Indenture provides for notice in any manner, such notice may be waived in writing by the Person entitled to receive such notice 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. Notwithstanding In case, by reason of the suspension of or irregularities in regular mail service, it shall be impracticable to mail notice to the Issuer when such notice is required to be given pursuant to any other provision of this Indenture or Indenture, then any Security, where this Indenture or any Security provides for notice manner of any event to a Holder of a Global Security (whether by mail or otherwise), giving such notice as shall be sufficiently given if given reasonably satisfactory to the Depositary (or its designee) pursuant Trustee shall be deemed to the standing instructions from the Depositary or its designee, including by electronic mail in accordance with the Depositary’s operational arrangements or other applicable Depositary requirementsbe sufficient notice.

Appears in 2 contracts

Samples: Hovnanian Enterprises Inc, Hovnanian Enterprises Inc

Notices and Demands on Issuer, Trustee and Holders of Securities. 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 of Securities to or on the Issuer 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 Issuer is filed by the Issuer with the Trustee) to Intercept PharmaceuticalsExelon Corporation, Inc.00 Xxxxx Xxxxxxxx Xxxxxx, 10 Xxxxxx 00xx Xxxxx, 37th FloorXxxxxxx, New YorkXxxxxxxx 00000-0000, New York 10001, AttnAttention: Chief Financial OfficerSecretary. Any notice, direction, request or demand by the Issuer or any Holder of Securities to or upon the Trustee shall be deemed to have been sufficiently given or madeserved by being deposited postage prepaid, for all purposesfirst-class mail (except as otherwise specifically provided herein) addressed (until another address of the Trustee is filed by the Trustee with the Issuer) to, if given or made at U.S. The Bank National Associationof New York Trust Company, N.A., 0 Xxxxx XxXxxxx Xxxxxx, Xxxxx 0000, Xxxxxxx, XX 00000 Attention: Global Corporate Trust Services, CityPlace I, 185 Asylum Street, 20xx Xxxxx, Xxxxxxxx, Xxxxxxxxxxx 00000, Attn: J. Xxxxxx (Intercept Pharmaceuticals, Inc.)Trust. Where this Indenture provides for notice to Holders of Registered Securities, such notice shall be sufficiently given (unless otherwise herein expressly provided) if in writing and mailed, first-class mail, postage prepaid, to each Holder entitled thereto, at his or her last address as it appears in the Security register. In caseany case where notice to such Holders is given by mail, by reason of the suspension of or irregularities in regular mail service, it shall be impracticable to mail notice of any event to Holders of Securities when said notice is required to be given pursuant to any provision of this Indenture or of the Securities, 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. Neither neither the failure to give mail such notice, nor any defect in any notice so givenmailed, to any particular Holder of a Security shall affect the sufficiency of such notice with respect to other Holders of Securities given as provided aboveHolders. Where this Indenture provides for notice in any manner, such notice may be waived in writing by the Person entitled to receive such notice 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. Notwithstanding In case, by reason of the suspension of or irregularities in regular mail service, it shall be impracticable to mail notice to the Issuer when such notice is required to be given pursuant to any other provision of this Indenture or Indenture, then any Security, where this Indenture or any Security provides for notice manner of any event to a Holder of a Global Security (whether by mail or otherwise), giving such notice as shall be sufficiently given if given reasonably satisfactory to the Depositary (or its designee) pursuant Trustee shall be deemed to the standing instructions from the Depositary or its designee, including by electronic mail in accordance with the Depositary’s operational arrangements or other applicable Depositary requirementsbe a sufficient giving of such notice.

Appears in 1 contract

Samples: Indenture (Exelon Generation Co LLC)

Notices and Demands on Issuer, Trustee and Holders of Securities. 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 of Securities to or on the Issuer Issuer, or as required pursuant to the Trust Indenture Act of 1939, 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 Issuer is filed by the Issuer with the Trustee) to Intercept PharmaceuticalsK. Hovnanian Enterprises, Inc., 10 Xxxxxx XxxxxHighway 35, 37th FloorP.O. Box 500, New YorkRed Banx, New York 10001, Attn: Chief Financial OfficerXxx Xxxxxy 07701. Any notice, directionxxxxxxxxx, request or demand by the Issuer or any Holder xxxxxxx xx xxxxxx xx xxx Xxxxxx xx xxx Xxxder of Securities to or upon the Trustee shall be deemed to have been sufficiently given or madeserved by being deposited postage prepaid, for all purposesfirst-class mail (except as otherwise specifically provided herein) addressed (until another address of the Trustee is filed by the Trustee with the Issuer) to _____________________________,[address], if given or made at U.S. Bank National Association, Global [attention: Corporate Trust ServicesAdministration (K. Hovnanian Enterprises, CityPlace I, 185 Asylum Street, 20xx Xxxxx, Xxxxxxxx, Xxxxxxxxxxx 00000, Attn: J. Xxxxxx (Intercept Pharmaceuticals, Inc.Inc. [specify series of Securities])]. Where this Indenture provides for notice to Holders of Securities, 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 or her last address as it appears in the Security register. In case, by reason of the suspension of or irregularities in regular mail service, it shall be impracticable to mail notice of any event to Holders of Securities when said notice is required to be given pursuant to any provision of this Indenture or of the Securities, 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. Neither the failure to give notice, nor any defect in any notice so given, to any particular Holder of a Security shall affect the sufficiency of such notice with respect to other Holders of Securities given as provided above. Where this Indenture provides for notice in any manner, such notice may be waived in writing by the Person entitled to receive such notice 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. Notwithstanding In case, by reason of the suspension of or irregularities in regular mail service, it shall be impracticable to mail notice to the Issuer when such notice is required to be given pursuant to any other provision of this Indenture or Indenture, then any Security, where this Indenture or any Security provides for notice manner of any event to a Holder of a Global Security (whether by mail or otherwise), giving such notice as shall be sufficiently given if given reasonably satisfactory to the Depositary (or its designee) pursuant Trustee shall be deemed to the standing instructions from the Depositary or its designee, including by electronic mail in accordance with the Depositary’s operational arrangements or other applicable Depositary requirementsbe sufficient notice.

Appears in 1 contract

Samples: Hovnanian Enterprises Inc

Notices and Demands on Issuer, Trustee and Holders of Securities. Any notice notice, request, direction, consent or demand which by any provision communication made pursuant to the provisions of this Indenture is required or permitted to the Notes shall be given in writing and delivered in person, sent by facsimile, sent by electronic mail in pdf format, delivered by commercial courier service or served mailed by the Trustee or by the Holders of Securities to or on the Issuer may be given or served by being deposited first-class mail, postage prepaid, first-class mail (except as otherwise specifically provided herein) addressed (until another address of the Issuer is filed by the Issuer with the Trustee) to Intercept Pharmaceuticalsto: Stem, Inc., 10 Xxxxxx Xxxxx000 Xxxxxxxxxx Xxxxxx, 37th FloorXxx Xxxxxxxxx, New YorkXxxxxxxxxx 00000, New York 10001Attention: [ ], Attn: Chief Financial Officer. Any notice, direction, request or demand by the Issuer being e-mailed to [ ] or any Holder of Securities faxed to[ ] and to or upon the Trustee shall be deemed at [ ] or by being e-mailed to have been sufficiently given [ ] or made, for all purposes, if given or made at U.S. Bank National Association, Global Corporate Trust Services, CityPlace I, 185 Asylum Street, 20xx Xxxxx, Xxxxxxxx, Xxxxxxxxxxx 00000, Attn: J. Xxxxxx (Intercept Pharmaceuticals, Inc.)faxed to [ ]. Where this Indenture provides for notice to Holders of Registered Securities, such notice shall be sufficiently given (unless otherwise herein expressly provided) if in writing and mailed, first-class mail, postage prepaid, to each Holder entitled thereto, at his or her last address as it appears in the Security register. In caseThe Trustee agrees to accept and act upon instructions or directions pursuant to this Indenture sent by e-mail, by reason pdf, facsimile transmission or other similar electronic methods; provided, however, that the Trustee shall have received an Officers' Certificate (which need not comply with Section 314 of the suspension Trust Indenture Act or Section 11.5 hereof) listing the names and titles of the persons designated to give such instructions or irregularities in regular mail servicedirections and containing specimen signatures of such designated persons, it which certificate shall be impracticable to mail notice of any event to Holders of Securities when said notice amended and replaced whenever a person is required to be given pursuant added or deleted from the listing. If the Issuer elects to give the Trustee e-mail or facsimile instructions (or instructions by a similar electronic method) and the Trustee acts upon such instructions, the Trustee’s understanding of such instructions shall be deemed controlling. The Trustee shall not be liable for any losses, costs or expenses arising directly or indirectly from the Trustee’s reliance upon and compliance with such instructions that the Trustee believes, in the absence of negligence and willful misconduct, to be genuine and to have been sent by one of the persons named on the then most recent certificate referred to above notwithstanding that such instructions conflict or are inconsistent with a subsequent written instruction. The Issuer agrees to assume all risks arising out of the use of such electronic methods to submit the instructions and directions to the Trustee, including without limitation the risk of the Trustee acting on unauthorized instructions, and the risk of interception and misuse of electronic communications by third parties. Notwithstanding any other provision of this Indenture or any Security of any series other than a provision that expressly states that this paragraph is not applicable to the SecuritiesSecurities of such series, then when this Indenture or any manner Security provides for notice of giving any event (including any notice of redemption) to a Holder of Securities in global form (whether by mail or otherwise), such notice as shall be satisfactory sufficiently given if given to the Trustee shall be deemed Depositary for such Security (or its designee) pursuant to be a sufficient giving the customary procedures of such noticeDepositary. Neither In any case where notice to such Holders is given by mail, neither the failure to give mail such notice, nor any defect in any notice so givenmailed, to any particular Holder of a Security shall affect the sufficiency of such notice with respect to other Holders of Securities given as provided aboveHolders. 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 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. Notwithstanding In case, by reason of the suspension of or irregularities in regular mail service, it shall be impracticable to mail notice to the Issuer when such notice is required to the given pursuant to any other provision of this Indenture or Indenture, then any Security, where this Indenture or any Security provides for notice manner of any event to a Holder of a Global Security (whether by mail or otherwise), giving such notice as shall be sufficiently given if given reasonably satisfactory to the Depositary (or its designee) pursuant Trustee shall be deemed to the standing instructions from the Depositary or its designee, including by electronic mail in accordance with the Depositary’s operational arrangements or other applicable Depositary requirementsbe a sufficient giving of such notice.

Appears in 1 contract

Samples: Indenture (Stem, Inc.)

Notices and Demands on Issuer, Trustee and Holders of Securities. 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 of Securities to or on the Issuer Issuer, or as required pursuant to the Trust Indenture Act of 1939, 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 Issuer is filed by the Issuer with the Trustee) to Intercept PharmaceuticalsYork International Corporation, Inc.631 Xxxxx Xxxxxxxx Xxxxxx, 10 Xxxxxx XxxxxXxxx, 37th FloorXxxxxxxxxxxx 00000, New YorkXxtention: Vice President, New York 10001, Attn: Chief Financial OfficerSecretary and General Counsel. Any notice, direction, request or demand by the Issuer or any Holder of Securities to or upon the Trustee shall be deemed to have been sufficiently given or madeserved by being deposited postage prepaid, for all purposesfirst-class mail (except as otherwise specifically provided herein) addressed (until another address of the Trustee is filed by the Trustee with the Issuer) to The Bank of New York, if given or made at U.S. Bank National Association101 Xxxxxxx Xxxxxx, Global Floor 21 West, New York, New York 10286, Attention: Corporate Trust Services, CityPlace I, 185 Asylum Street, 20xx Xxxxx, Xxxxxxxx, Xxxxxxxxxxx 00000, Attn: J. Xxxxxx (Intercept Pharmaceuticals, Inc.)Department. Where this Indenture provides for notice to Holders of Securities, 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 or her last address as it appears in the Security register. In case, by reason of the suspension of or irregularities in regular mail service, it shall be impracticable to mail notice of any event to Holders of Securities when said notice is required to be given pursuant to any provision of this Indenture or of the Securities, 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. Neither the failure to give notice, nor any defect in any notice so given, to any particular Holder of a Security shall affect the sufficiency of such notice with respect to other Holders of Securities given as provided above. Where this Indenture provides for notice in any manner, such notice may be waived in writing by the Person entitled to receive such notice 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. Notwithstanding In case, by reason of the suspension of or irregularities in regular mail service, it shall be impracticable to mail notice to the Issuer when such notice is required to be given pursuant to any other provision of this Indenture or Indenture, then any Security, where this Indenture or any Security provides for notice manner of any event to a Holder of a Global Security (whether by mail or otherwise), giving such notice as shall be sufficiently given if given reasonably satisfactory to the Depositary (or its designee) pursuant Trustee shall be deemed to the standing instructions from the Depositary or its designee, including by electronic mail in accordance with the Depositary’s operational arrangements or other applicable Depositary requirementsbe sufficient notice.

Appears in 1 contract

Samples: York International Corp /De/

Notices and Demands on Issuer, Trustee and Holders of Securities. Any notice notice, direction, request 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 any Holder of Securities to of any series or on upon the Issuer may shall be deemed to have been sufficiently given or served by being deposited postage prepaidprepaid in the United States mail, first-class mail (except as otherwise specifically provided herein) ), addressed (until another address of the Issuer is filed by the Issuer with the Trustee) to Intercept PharmaceuticalsPuget Sound Energy, Inc., 10 411 - 000/xx/ Xxxxxx XxxxxXX, 37th FloorXxxxxxxx, New YorkXxxxxxxxxx 00000-0000, New York 10001, AttnAttention: Chief Financial OfficerSecretary. Any notice, direction, request or demand by the Issuer or any Holder of Securities to of any series or upon the Trustee shall be deemed to have been sufficiently given or made, for all purposes, if given or made at U.S. Bank National Association, Global Corporate Trust Services, CityPlace I, 185 Asylum Street, 20xx Xxxxx, Xxxxxxxx, Xxxxxxxxxxx 00000, Attn: J. Xxxxxx (Intercept Pharmaceuticals, Inc.). Where this Indenture provides for notice to Holders of Securities, such notice shall be sufficiently given (unless otherwise herein expressly provided) if served by being deposited postage prepaid in writing and mailedthe United States mail, first-class postage prepaidmail (except as otherwise specifically provided herein), to each Holder entitled thereto, at his or her last addressed (until another address as it appears in the Security register. In case, by reason of the suspension of Trustee is filed by the Trustee with the Issuer) to Bank One Trust Company, N.A., 1 Bank Xxx Xxxxx, Xxxxx XX0-0000, Xxxxxxx, Xxxxxxxx 00000-0000, Attention: Corporate Trust Administration. Any notice required or irregularities in regular mail service, it shall permitted to be impracticable given or served by the Issuer or by the Trustee to mail notice of or upon any event to Holders of Securities when said notice is required to be given pursuant to of any provision of this Indenture or of the Securities, then any manner of giving such notice as shall be satisfactory to the Trustee series shall be deemed to be a sufficient giving have been sufficiently given or served by being deposited in the United States mail, first-class mail (except as otherwise specifically provided herein), addressed at their addresses as they shall appear on the Security Register. In any case where notice to the Holders of such notice. Neither Securities is given by mail, neither the failure to give mail such notice, nor any defect in any notice so givenmailed, to any particular Holder of a Security shall affect the sufficiency of such notice with respect to other Holders of Securities given as provided aboveHolders. Where this Indenture provides for notice in any manner, such notice may be waived in writing by the Person entitled to receive such notice 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. Notwithstanding 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 when such notice is required to be given pursuant to any provision of this Indenture or Indenture, then any Security, where this Indenture or any Security provides for notice manner of any event to a Holder of a Global Security (whether by mail or otherwise), giving such notice as shall be sufficiently given if given reasonably satisfactory to the Depositary (or its designee) pursuant Trustee shall be deemed to the standing instructions from the Depositary or its designee, including by electronic mail in accordance with the Depositary’s operational arrangements or other applicable Depositary requirementsbe a sufficient giving of such notice.

Appears in 1 contract

Samples: Puget Sound Energy Inc

Notices and Demands on Issuer, Trustee and Holders of Securities. 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 of Securities to or on the Issuer Issuer, or as required pursuant to the Trust Indenture Act of 1939, 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 Issuer is filed by the Issuer with the Trustee) to Intercept PharmaceuticalsCitizens 61 Communications Company, Inc.0 Xxxx Xxxxx Xxxx, 10 Xxxxxx XxxxxXxxxxxxx, 37th Floor, New York, New York 10001, Attn: Chief Financial OfficerXxxxxxxxxxx 00000. Any notice, direction, request or demand by the Issuer or any Holder of Securities to or upon the Trustee shall be deemed to have been sufficiently given or madeserved by being deposited postage prepaid, for all purposesfirst-class mail (except as otherwise specifically provided herein) addressed (until another address of the Trustee is filed by the Trustee with the Issuer) to The Chase Manhattan Bank, if given or made at U.S. Bank National Association000 X. 00xx Xxxxxx, Global Corporate Trust ServicesXxx Xxxx, CityPlace I, 185 Asylum Street, 20xx Xxxxx, Xxxxxxxx, Xxxxxxxxxxx Xxx Xxxx 00000, Attnattention: J. Xxxxxx Institutional Trust Services (Intercept Pharmaceuticals, Inc.Citizens Communications Company [specify series of Securities]). Where this Indenture provides for notice to Holders of Securities, 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 or her last address as it appears in the Security register. In case, by reason of the suspension of or irregularities in regular mail service, it shall be impracticable to mail notice of any event to Holders of Securities when said notice is required to be given pursuant to any provision of this Indenture or of the Securities, 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. Neither the failure to give notice, nor any defect in any notice so given, to any particular Holder of a Security shall affect the sufficiency of such notice with respect to other Holders of Securities given as provided aboveNote Register. Where this Indenture provides for notice in any manner, such notice may be waived in writing by the Person entitled to receive such notice 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. Notwithstanding In case, by reason of the suspension of or irregularities in regular mail service, it shall be impracticable to mail notice to the Issuer when such notice is required to be given pursuant to any other provision of this Indenture or Indenture, then any Security, where this Indenture or any Security provides for notice manner of any event to a Holder of a Global Security (whether by mail or otherwise), giving such notice as shall be sufficiently given if given reasonably satisfactory to the Depositary (or its designee) pursuant Trustee shall be deemed to the standing instructions from the Depositary or its designee, including by electronic mail in accordance with the Depositary’s operational arrangements or other applicable Depositary requirementsbe sufficient notice.

Appears in 1 contract

Samples: Citizens Communications Co

Notices and Demands on Issuer, Trustee and Holders of Securities. 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 of Securities to or on the Issuer 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 Issuer is filed by the Issuer with the Trustee) to Intercept PharmaceuticalsExelon Corporation, Inc.00 Xxxxx Xxxxxxxx Xxxxxx, 10 Xxxxxx 00xx Xxxxx, 37th FloorXxxx Xxxxxx Xxx X-0000, New YorkXxxxxxx, New York 10001Xxxxxxxx 00000-0000, AttnAttention: Chief Financial OfficerSecretary. Any notice, direction, request or demand by the Issuer or any Holder of Securities to or upon the Trustee shall be deemed to have been sufficiently given or madeserved by being deposited postage prepaid, for all purposesfirst-class mail (except as otherwise specifically provided herein) addressed (until another address of the Trustee is filed by the Trustee with the Issuer) to, if given or made at U.S. Bank National Association, Global ________________ Attention: Corporate Trust Services, CityPlace I, 185 Asylum Street, 20xx Xxxxx, Xxxxxxxx, Xxxxxxxxxxx 00000, Attn: J. Xxxxxx (Intercept Pharmaceuticals, Inc.)Administration. Where this Indenture provides for notice to Holders of Registered Securities, such notice shall be sufficiently given (unless otherwise herein expressly provided) if in writing and mailed, first-class mail, postage prepaid, to each Holder entitled thereto, at his or her last address as it appears in the Security register. In caseany case where notice to such Holders is given by mail, by reason of the suspension of or irregularities in regular mail service, it shall be impracticable to mail notice of any event to Holders of Securities when said notice is required to be given pursuant to any provision of this Indenture or of the Securities, 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. Neither neither the failure to give mail such notice, nor any defect in any notice so givenmailed, to any particular Holder of a Security shall affect the sufficiency of such notice with respect to other Holders of Securities given as provided aboveHolders. 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 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. Notwithstanding In case, by reason of the suspension of or irregularities in regular mail service, it shall be impracticable to mail notice to the Issuer when such notice is required to the given pursuant to any other provision of this Indenture or Indenture, then any Security, where this Indenture or any Security provides for notice manner of any event to a Holder of a Global Security (whether by mail or otherwise), giving such notice as shall be sufficiently given if given reasonably satisfactory to the Depositary (or its designee) pursuant Trustee shall be deemed to the standing instructions from the Depositary or its designee, including by electronic mail in accordance with the Depositary’s operational arrangements or other applicable Depositary requirementsbe a sufficient giving of such notice.

Appears in 1 contract

Samples: Exelon Corp

Notices and Demands on Issuer, Trustee and Holders of Securities. 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 of Securities to or on the Issuer may be given or served by being deposited postage prepaid, first-class mail or transmitted by facsimile transmission (except as otherwise specifically provided herein) addressed (until another address of the Issuer is filed by the Issuer with the Trustee) to Intercept PharmaceuticalsTransCanada PipeLines Limited, Inc.TransCanada PipeLines Tower, 10 000-Xxxxx Xxxxxx XxxxxX.X., 37th FloorX.X. Box 1000, New YorkStation M, New York 10001Calgary, AttnAlberta, T2P 4K5, facsimile: Chief Financial Officer(000) 000-0000, Attention: General Counsel, Corporate. Any notice, direction, request or demand by the Issuer or any Holder of Securities to or upon the Trustee shall be deemed to have been sufficiently given or madeserved by being deposited postage prepaid, for all purposesfirst-class mail (except as otherwise specifically provided herein) addressed (until another address of the Trustee is filed by the Trustee with the Issuer) to The Bank of New York, if given or made at U.S. Bank National Association000 Xxxxxxx Xxxxxx, Global Corporate New York, New York 10286, Attention: Trust Services, CityPlace I, 185 Asylum Street, 20xx Xxxxx, Xxxxxxxx, Xxxxxxxxxxx 00000, Attn: J. Xxxxxx (Intercept Pharmaceuticals, Inc.)Services Division. Where this Indenture provides for notice to Holders of Securities, 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 or her last address as it appears in the Security register. In any case where notice to such 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 of Securities. In case, by reason of the suspension of or irregularities in regular mail service, it shall be impracticable to mail notice of to any event to Holders of Securities Person when said such notice is required to be given pursuant to any provision of this Indenture or of the SecuritiesIndenture, then any manner of giving such notice as shall be reasonably satisfactory to the Trustee shall be deemed to be a sufficient giving of such notice. Neither the failure to give Any request, demand, authorization, direction, notice, nor any defect consent or waiver required or permitted under this Indenture shall be in any notice so given, to any particular Holder of a Security shall affect the sufficiency of such notice with respect to other Holders of Securities given as provided aboveEnglish language. 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 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. Notwithstanding any other provision of this Indenture or any Security, where this Indenture or any Security provides for notice of any event to a Holder of a Global Security (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 the Depositary’s operational arrangements or other applicable Depositary requirements.

Appears in 1 contract

Samples: Transcanada Pipelines LTD

Notices and Demands on Issuer, Trustee and Holders of Securities. 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 of Securities to or on the Issuer may be delivered, given or served by being deposited postage prepaid, first-class mail (except as otherwise specifically provided herein) addressed (until another address of the Issuer is filed by the Issuer with the Trustee) to Intercept PharmaceuticalsPAR Technology Corporation, Inc.PAR Technology Park, 10 0000 Xxxxxx XxxxxXxxxxxxx, 37th FloorXxx Xxxxxxxx, New York, New York 10001Xxx Xxxx 00000, Attn: Chief Financial Officer. Any notice, direction, request or demand by the Issuer or any Holder of Securities to or upon the Trustee shall be deemed to have been sufficiently given or made, for all purposes, if given or made at U.S. The Bank National Associationof New York Mellon Trust Company, N.A., 000 Xxxx Xxxxxx 12th Floor, Pittsburgh, PA 15262, Attn: Global Corporate Trust Services, CityPlace I, 185 Asylum Street, 20xx Xxxxx, Xxxxxxxx, Xxxxxxxxxxx 00000, Attn: J. Xxxxxx (Intercept Pharmaceuticals, Inc.)– PAR Technology Corporation. Where this Indenture provides for notice to Holders of Securities, 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 his, her or her its last address as it appears in the Security register. In case, by reason of the suspension of or irregularities in regular mail service, it shall be impracticable to mail notice of any event to Holders of Securities when said notice is required to be given pursuant to any provision of this Indenture or of the Securities, 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 case, by reason of the suspension of or irregularities in regular mail service, it shall be impracticable to mail notice to the Issuer 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. Where this Indenture provides for notice of any event to a Holder of a Global Security, such notice shall be sufficiently given if given to the Depositary for such Security (or its designee), pursuant to the Applicable Procedures of the Depositary, 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 give notice, nor any defect in any notice so given, to any particular Holder of a Security shall affect the sufficiency of such notice with respect to other Holders of Securities given as provided above. 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. Notwithstanding any other provision of this Indenture or any Security, where this Indenture or any Security provides for notice of any event to a Holder of a Global Security (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 the Depositary’s operational arrangements or other applicable Depositary requirements.

Appears in 1 contract

Samples: Indenture (Par Technology Corp)

Notices and Demands on Issuer, Trustee and Holders of Securities. 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 of Securities to or on the Issuer 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 Issuer is filed by the Issuer with the Trustee) to Intercept Pharmaceuticals, Inc., 10 00 Xxxxxx Xxxxx, 37th Floor, New York, New York 10001, Attn: Chief Financial Officer. Any notice, direction, request or demand by the Issuer or any Holder of Securities to or upon the Trustee shall be deemed to have been sufficiently given or made, for all purposes, if given or made at U.S. Bank National Association, Global Corporate Trust Services, CityPlace I, 185 Asylum Street, 20xx 00xx Xxxxx, Xxxxxxxx, Xxxxxxxxxxx 00000, Attn: J. X. Xxxxxx (Intercept Pharmaceuticals, Inc.). Where this Indenture provides for notice to Holders of Securities, 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 or her last address as it appears in the Security register. In case, by reason of the suspension of or irregularities in regular mail service, it shall be impracticable to mail notice of any event to Holders of Securities when said notice is required to be given pursuant to any provision of this Indenture or of the Securities, 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. Neither the failure to give notice, nor any defect in any notice so given, to any particular Holder of a Security shall affect the sufficiency of such notice with respect to other Holders of Securities given as provided above. 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. Notwithstanding any other provision of this Indenture or any Security, where this Indenture or any Security provides for notice of any event to a Holder of a Global Security (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 the Depositary’s operational arrangements or other applicable Depositary requirements.

Appears in 1 contract

Samples: Security Agreement (Intercept Pharmaceuticals, Inc.)

Notices and Demands on Issuer, Trustee and Holders of Securities. 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 of Securities to or on the Issuer Issuer, or as required pursuant to the Trust Indenture Act of 1939, 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 Issuer is filed by the Issuer with the Trustee) to Intercept PharmaceuticalsK. Hovnanian Enterprises, Inc., 10 Xxxxxx XxxxxHighway 35, 37th FloorP.O. Box 500, New YorkRed Banx, New York 10001, Attn: Chief Financial OfficerXxx Xxxxxy 07701. Any notice, directionxxxxxxxxx, request or demand by the Issuer or any Holder xxxxxxx xx xxxxxx xx xxx Xxxxxx xx xxx Xxxder of Securities to or upon the Trustee shall be deemed to have been sufficiently given or madeserved by being deposited postage prepaid, for all purposesfirst-class mail (except as otherwise specifically provided herein) addressed (until another address of the Trustee is filed by the Trustee with the Issuer) to _____________________________ [address], if given or made at U.S. Bank National Association, Global [attention: Corporate Trust ServicesAdministration (K. Hovnanian Enterprises, CityPlace I, 185 Asylum Street, 20xx Xxxxx, Xxxxxxxx, Xxxxxxxxxxx 00000, Attn: J. Xxxxxx (Intercept Pharmaceuticals, Inc.Inc. [specify series of Securities])]. Where Xxxxx this Indenture provides for notice to Holders of Securities, 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 or her last address as it appears in the Security register. In case, by reason of the suspension of or irregularities in regular mail service, it shall be impracticable to mail notice of any event to Holders of Securities when said notice is required to be given pursuant to any provision of this Indenture or of the Securities, 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. Neither the failure to give notice, nor any defect in any notice so given, to any particular Holder of a Security shall affect the sufficiency of such notice with respect to other Holders of Securities given as provided above. Where this Indenture provides for notice in any manner, such notice may be waived in writing by the Person entitled to receive such notice 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. Notwithstanding In case, by reason of the suspension of or irregularities in regular mail service, it shall be impracticable to mail notice to the Issuer when such notice is required to be given pursuant to any other provision of this Indenture or Indenture, then any Security, where this Indenture or any Security provides for notice manner of any event to a Holder of a Global Security (whether by mail or otherwise), giving such notice as shall be sufficiently given if given reasonably satisfactory to the Depositary (or its designee) pursuant Trustee shall be deemed to the standing instructions from the Depositary or its designee, including by electronic mail in accordance with the Depositary’s operational arrangements or other applicable Depositary requirementsbe sufficient notice.

Appears in 1 contract

Samples: Hovnanian Enterprises Inc

Notices and Demands on Issuer, Trustee and Holders of Securities. 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 of Securities to or on the Issuer Issuer, or as required pursuant to the Trust Indenture Act of 1939, 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 Issuer is filed by the Issuer with the Trustee) to Intercept PharmaceuticalsHovnanian Enterprises, Inc., 10 Xxxxxx XxxxxHighway 35, 37th FloorP.O. Box 500, Red Bank, New York, New York 10001, Attn: Chief Financial OfficerJersey 07701. Any notice, directionxxxxxxxxx, request or demand by the Issuer or any Holder rexxxxx xx xxxxxx xx xxx Xxxxxx xx xxx Xxxder of Securities to or upon the Trustee shall be deemed to have been sufficiently given or madeserved by being deposited postage prepaid, for all purposesfirst-class mail (except as otherwise specifically provided herein) addressed (until another address of the Trustee is filed by the Trustee with the Issuer) to First Union National Bank, if given or made at U.S. Bank National Association, Global Corporate Trust Services, CityPlace I, 185 Asylum 21 South Street, 20xx XxxxxMorristown, XxxxxxxxNew Jersey 07960, Xxxxxxxxxxx 00000[attention: Corporatx Xxxxx Xxxxxxxxxxxxxx (Xxxxxxxxx Xxxxxxxxxxx, Attn: J. Xxxxxx (Intercept Pharmaceuticals, Inc.Inc. [specify series of Securities])]. Where this Indenture provides for notice to Holders of Securities, 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 or her last address as it appears in the Security register. In case, by reason of the suspension of or irregularities in regular mail service, it shall be impracticable to mail notice of any event to Holders of Securities when said notice is required to be given pursuant to any provision of this Indenture or of the Securities, 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. Neither the failure to give notice, nor any defect in any notice so given, to any particular Holder of a Security shall affect the sufficiency of such notice with respect to other Holders of Securities given as provided above. Where this Indenture provides for notice in any manner, such notice may be waived in writing by the Person entitled to receive such notice 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. Notwithstanding In case, by reason of the suspension of or irregularities in regular mail service, it shall be impracticable to mail notice to the Issuer when such notice is required to be given pursuant to any other provision of this Indenture or Indenture, then any Security, where this Indenture or any Security provides for notice manner of any event to a Holder of a Global Security (whether by mail or otherwise), giving such notice as shall be sufficiently given if given reasonably satisfactory to the Depositary (or its designee) pursuant Trustee shall be deemed to the standing instructions from the Depositary or its designee, including by electronic mail in accordance with the Depositary’s operational arrangements or other applicable Depositary requirementsbe sufficient notice.

Appears in 1 contract

Samples: Hovnanian Enterprises Inc

Notices and Demands on Issuer, Trustee and Holders of Securities. 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 of Securities to or on the Issuer 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 Issuer is filed by the Issuer with the Trustee) to Intercept Alnylam Pharmaceuticals, Inc., 10 Xxxxxx Xxxxx000 Xxxxx Xxxxxx, 37th FloorXxxxxxxxx, New York, New York 10001Xxxxxxxxxxxxx 00000, Attn: Chief Financial OfficerGeneral Counsel. Any notice, direction, request or demand by the Issuer or any Holder of Securities to or upon the Trustee shall be deemed to have been sufficiently given or made, for all purposes, if given or made at U.S. Bank National Association_______, Global Corporate Trust Services, CityPlace I, 185 Asylum Street, 20xx Xxxxx, Xxxxxxxx, Xxxxxxxxxxx 00000________, Attn: J. Xxxxxx (Intercept Pharmaceuticals, Inc.)______. Where this Indenture provides for notice to Holders of Securities, 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 or her last address as it appears in the Security register. In case, by reason of the suspension of or irregularities in regular mail service, it shall be impracticable to mail notice of any event to Holders of Securities when said notice is required to be given pursuant to any provision of this Indenture or of the Securities, 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 case, by reason of the suspension of or irregularities in regular mail service, it shall be impracticable to mail notice to the Issuer 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. Neither the failure to give notice, nor any defect in any notice so given, to any particular Holder of a Security shall affect the sufficiency of such notice with respect to other Holders of Securities given as provided above. 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. Notwithstanding any other provision of this Indenture or any Security, where this Indenture or any Security provides for notice of any event to a Holder of a Global Security (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 the Depositary’s operational arrangements or other applicable Depositary requirements.

Appears in 1 contract

Samples: Indenture (Alnylam Pharmaceuticals, Inc.)

Notices and Demands on Issuer, Trustee and Holders of Securities. 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 of Securities to or on the Issuer Issuer, or as required pursuant to the Trust Indenture Act of 1939, 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 Issuer is filed by the Issuer with the Trustee) to Intercept PharmaceuticalsK. Xxxxxxxxx Enterprises, Inc., 10 100 Xxxx Xxxxx Xxxxxx, P.X. Xxx 000, Xxx Xxxx, Xxx Xxxxxx Xxxxx, 37th Floor, New York, New York 10001, Attn: Chief Financial Officer00000. Any notice, direction, request or demand by the Issuer or any Holder of Securities to or upon the Trustee shall be deemed to have been sufficiently given or madeserved by being deposited postage prepaid, for all purposesfirst-class mail (except as otherwise specifically provided herein) addressed (until another address of the Trustee is filed by the Trustee with the Issuer) to Wilmington Trust Company, if given or made at U.S. Bank National AssociationRxxxxx Square North, Global Corporate Trust Services1000 Xxxxx Xxxxxx Xxxxxx, CityPlace IXxxxxxxxxx, 185 Asylum Street, 20xx Xxxxx, Xxxxxxxx, Xxxxxxxxxxx 00000, Attn: J. Xxxxxx (Intercept Pharmaceuticals, Inc.XX 00000 [specify series of Securities]). Where this Indenture provides for notice to Holders of Securities, 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 or her last address as it appears in the Security register. In case, by reason of the suspension of or irregularities in regular mail service, it shall be impracticable to mail notice of any event to Holders of Securities when said notice is required to be given pursuant to any provision of this Indenture or of the Securities, 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. Neither the failure to give notice, nor any defect in any notice so given, to any particular Holder of a Security shall affect the sufficiency of such notice with respect to other Holders of Securities given as provided above. Where this Indenture provides for notice in any manner, such notice may be waived in writing by the Person entitled to receive such notice 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. Notwithstanding In case, by reason of the suspension of or irregularities in regular mail service, it shall be impracticable to mail notice to the Issuer when such notice is required to be given pursuant to any other provision of this Indenture or Indenture, then any Security, where this Indenture or any Security provides for notice manner of any event to a Holder of a Global Security (whether by mail or otherwise), giving such notice as shall be sufficiently given if given reasonably satisfactory to the Depositary (or its designee) pursuant Trustee shall be deemed to the standing instructions from the Depositary or its designee, including by electronic mail in accordance with the Depositary’s operational arrangements or other applicable Depositary requirementsbe sufficient notice.

Appears in 1 contract

Samples: Hovnanian Enterprises Inc

Notices and Demands on Issuer, Trustee and Holders of Securities. Any notice notice, request, direction, consent or demand which by any provision communication made pursuant to the provisions of this Indenture is required or permitted to the Notes shall be given in writing and delivered in person, sent by facsimile, sent by electronic mail in pdf format, delivered by commercial courier service or served mailed by the Trustee or by the Holders of Securities to or on the Issuer may be given or served by being deposited first-class mail, postage prepaid, first-class mail (except as otherwise specifically provided herein) addressed (until another address of the Issuer is filed by the Issuer with the Trustee) to Intercept Pharmaceuticalsto: Shapeways Holdings, Inc., 10 [00-00 00xx Xxxxxx, Xxxx Xxxxxx XxxxxXxxx, 37th FloorXxx Xxxx 00000], New YorkAttention: Corporate Secretary, New York 10001, Attn: Chief Financial Officer. Any notice, direction, request or demand by the Issuer being e-mailed to [ ] or any Holder of Securities faxed to[ ] and to or upon the Trustee shall be deemed at [ ] or by being e-mailed to have been sufficiently given [ ] or made, for all purposes, if given or made at U.S. Bank National Association, Global Corporate Trust Services, CityPlace I, 185 Asylum Street, 20xx Xxxxx, Xxxxxxxx, Xxxxxxxxxxx 00000, Attn: J. Xxxxxx (Intercept Pharmaceuticals, Inc.)faxed to [ ]. Where this Indenture provides for notice to Holders of Registered Securities, such notice shall be sufficiently given (unless otherwise herein expressly provided) if in writing and mailed, first-class mail, postage prepaid, to each Holder entitled thereto, at his or her last address as it appears in the Security register. In caseThe Trustee agrees to accept and act upon instructions or directions pursuant to this Indenture sent by e-mail, by reason pdf, facsimile transmission or other similar electronic methods; provided, however, that the Trustee shall have received an Officers’ Certificate (which need not comply with Section 314 of the suspension Trust Indenture Act or Section 11.5 hereof) listing the names and titles of the persons designated to give such instructions or irregularities in regular mail servicedirections and containing specimen signatures of such designated persons, it which certificate shall be impracticable to mail notice of any event to Holders of Securities when said notice amended and replaced whenever a person is required to be given pursuant added or deleted from the listing. If the Issuer elects to give the Trustee e-mail or facsimile instructions (or instructions by a similar electronic method) and the Trustee acts upon such instructions, the Trustee’s understanding of such instructions shall be deemed controlling. The Trustee shall not be liable for any losses, costs or expenses arising directly or indirectly from the Trustee’s reliance upon and compliance with such instructions that the Trustee believes, in the absence of negligence and willful misconduct, to be genuine and to have been sent by one of the persons named on the then most recent certificate referred to above notwithstanding that such instructions conflict or are inconsistent with a subsequent written instruction. The Issuer agrees to assume all risks arising out of the use of such electronic methods to submit the instructions and directions to the Trustee, including without limitation the risk of the Trustee acting on unauthorized instructions, and the risk of interception and misuse of electronic communications by third parties. Notwithstanding any other provision of this Indenture or any Security of any series other than a provision that expressly states that this paragraph is not applicable to the SecuritiesSecurities of such series, then when this Indenture or any manner Security provides for notice of giving any event (including any notice of redemption) to a Holder of Securities in global form (whether by mail or otherwise), such notice as shall be satisfactory sufficiently given if given to the Trustee shall be deemed Depositary for such Security (or its designee) pursuant to be a sufficient giving the customary procedures of such noticeDepositary. Neither In any case where notice to such Holders is given by mail, neither the failure to give mail such notice, nor any defect in any notice so givenmailed, to any particular Holder of a Security shall affect the sufficiency of such notice with respect to other Holders of Securities given as provided aboveHolders. 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 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. Notwithstanding In case, by reason of the suspension of or irregularities in regular mail service, it shall be impracticable to mail notice to the Issuer when such notice is required to the given pursuant to any other provision of this Indenture or Indenture, then any Security, where this Indenture or any Security provides for notice manner of any event to a Holder of a Global Security (whether by mail or otherwise), giving such notice as shall be sufficiently given if given reasonably satisfactory to the Depositary (or its designee) pursuant Trustee shall be deemed to the standing instructions from the Depositary or its designee, including by electronic mail in accordance with the Depositary’s operational arrangements or other applicable Depositary requirementsbe a sufficient giving of such notice.

Appears in 1 contract

Samples: Indenture (Shapeways Holdings, Inc.)

Notices and Demands on Issuer, Trustee and Holders of Securities. 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 of Securities to or on the Issuer Issuer, or as required pursuant to the Trust Indenture Act of 1939, 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 Issuer is filed by the Issuer with the Trustee) to Intercept PharmaceuticalsHalliburton Company, Inc.3600 Lincoln Plaza, 10 Xxxxxx Xxxxx000 Xxxxx Xxxxx Xxxxxx, 37th FloorDallas, New YorkTexas 75201-3391, New York 10001, AttnAttention: Chief Financial OfficerVice President and Secretary. Any notice, direction, request or demand by the Issuer or any Holder of Securities to or upon the Trustee shall be deemed to have been sufficiently given or madeserved by being deposited postage prepaid, for all purposes, if given or made at U.S. first-class mail (except as otherwise specifically provided herein) addressed (until another address of the Trustee is filed by the Trustee with the Issuer) to Texas Commerce Bank National Association, Global 000 Xxxxxx, 0xx Xxxxx, Xxxxxxx, Xxxxx 00000, Attention: Vice President, Corporate Trust ServicesDepartment, CityPlace I, 185 Asylum Street, 20xx Xxxxx, Xxxxxxxx, Xxxxxxxxxxx 00000, Attn: J. Xxxxxx (Intercept Pharmaceuticals, Inc.)Taxable Bond Section. Where this Indenture provides for notice to Holders of Securities, 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 or her last address as it appears in the Security register. In case, by reason of the suspension of or irregularities in regular mail service, it shall be impracticable to mail notice of any event to Holders of Securities when said notice is required to be given pursuant to any provision of this Indenture or of the Securities, 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. Neither the failure to give notice, nor any defect in any notice so given, to any particular Holder of a Security shall affect the sufficiency of such notice with respect to other Holders of Securities given as provided above. Where this Indenture provides for notice in any manner, such notice may be waived in writing by the Person entitled to receive such notice 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. Notwithstanding In case, by reason of the suspension of or irregularities in regular mail service, it shall be impracticable to mail notice to the Issuer when such notice is required to be given pursuant to any other provision of this Indenture or Indenture, then any Security, where this Indenture or any Security provides for notice manner of any event to a Holder of a Global Security (whether by mail or otherwise), giving such notice as shall be sufficiently given if given reasonably satisfactory to the Depositary (or its designee) pursuant Trustee shall be deemed to the standing instructions from the Depositary or its designee, including by electronic mail in accordance with the Depositary’s operational arrangements or other applicable Depositary requirements.be sufficient notice. Section 11.5

Appears in 1 contract

Samples: Halliburton Co

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Notices and Demands on Issuer, Trustee and Holders of Securities. Any notice notice, request, direction, consent or demand which by any provision communication made pursuant to the provisions of this Indenture is required or permitted to the Securities shall be given in writing and delivered in person, sent by facsimile, sent by electronic mail in pdf format, delivered by commercial courier service or served mailed by the Trustee or by the Holders of Securities to or on the Issuer may be given or served by being deposited first-class mail, postage prepaid, first-class mail (except as otherwise specifically provided herein) addressed (until another address of the Issuer is filed by the Issuer with the Trustee) to: PayPal Holdings, Inc. 0000 X. Xxxxx Xxxxxx Xxx Xxxx, XX 00000 Attention: Xxxxxxx Xxxxxx Telephone: (000) 000-0000 Telecopier: (000) 000-0000 Electronic Mail: xxxxxxx@xxxxxx.xxx, with a copy to Intercept Pharmaceuticalsxxxxxxxx@xxxxxx.xxx with a copy to PayPal Holdings, Inc.Inc. 0000 X. Xxxxx Xxxxxx Xxx Xxxx, 10 Xxxxxx XX 00000 Attention: General Counsel Telecopier: (000) 000-0000 and to the Trustee at Xxxxx Fargo Bank, National Association 000 X. Xxxxx Xxxxxx, 0xx Xxxxx, 37th FloorXxxxx 0X XXX: X0000 Xxx Xxxxxxx, New York, New York 10001, AttnXX 00000 Attention: Chief Financial Officer. Any notice, direction, request or demand by the Issuer or any Holder of Securities to or upon the Trustee shall be deemed to have been sufficiently given or made, for all purposes, if given or made at U.S. Bank National Association, Global Corporate Trust Services, CityPlace I, 185 Asylum Street, 20xx Xxxxx, Xxxxxxxx, Xxxxxxxxxxx 00000, Attn–PayPal Administrator or faxed to (000) 000-0000 Attention: J. Xxxxxx (Intercept Pharmaceuticals, Inc.). Corporate Trust Services–PayPal Administrator Where this Indenture provides for notice to Holders of Registered Securities, such notice shall be sufficiently given (unless otherwise herein expressly provided) if in writing and mailed, first-class mail, postage prepaid, to each Holder entitled thereto, at his or her last address as it appears in the Security register. In caseThe Trustee agrees to accept and act upon instructions or directions pursuant to this Indenture sent by e-mail, by reason pdf, facsimile transmission or other similar electronic methods; provided, however, that the Trustee shall have received an Officer’s Certificate (which need not comply with Section 314 of the suspension Trust Indenture Act or Section 11.5 hereof) listing the names and titles of the persons designated to give such instructions or irregularities in regular mail servicedirections and containing specimen signatures of such designated persons, it which certificate shall be impracticable to mail notice of any event to Holders of Securities when said notice amended and replaced whenever a person is required to be given pursuant added or deleted from the listing. If the Issuer elects to give the Trustee e-mail or facsimile instructions (or instructions by a similar electronic method) and the Trustee acts upon such instructions, the Trustee’s understanding of such instructions shall be deemed controlling. The Trustee shall not be liable for any losses, costs or expenses arising directly or indirectly from the Trustee’s reliance upon and compliance with such instructions that the Trustee believes, in the absence of negligence and willful misconduct, to be genuine and to have been sent by one of the persons named on the then most recent certificate referred to above notwithstanding that such instructions conflict or are inconsistent with a subsequent written instruction. The Issuer agrees to assume all risks arising out of the use of such electronic methods to submit the instructions and directions to the Trustee, including without limitation the risk of the Trustee acting on unauthorized instructions, and the risk of interception and misuse of electronic communications by third parties. Notwithstanding any other provision of this Indenture or any Security of any series other than a provision that expressly states that this paragraph is not applicable to the SecuritiesSecurities of such series, then when this Indenture or any manner Security provides for notice of giving any event (including any notice of redemption) to a Holder of Securities in global form (whether by mail or otherwise), such notice as shall be satisfactory sufficiently given if given to the Trustee shall be deemed Depositary for such Security (or its designee) pursuant to be a sufficient giving the customary procedures of such noticeDepositary. Neither In any case where notice to such Holders is given by mail, neither the failure to give mail such notice, nor any defect in any notice so givenmailed, to any particular Holder of a Security shall affect the sufficiency of such notice with respect to other Holders of Securities given as provided aboveHolders. 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 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. Notwithstanding In case, by reason of the suspension of or irregularities in regular mail service, it shall be impracticable to mail notice to the Issuer when such notice is required to the given pursuant to any other provision of this Indenture or Indenture, then any Security, where this Indenture or any Security provides for notice manner of any event to a Holder of a Global Security (whether by mail or otherwise), giving such notice as shall be sufficiently given if given reasonably satisfactory to the Depositary (or its designee) pursuant Trustee shall be deemed to the standing instructions from the Depositary or its designee, including by electronic mail in accordance with the Depositary’s operational arrangements or other applicable Depositary requirementsbe a sufficient giving of such notice.

Appears in 1 contract

Samples: Indenture (PayPal Holdings, Inc.)

Notices and Demands on Issuer, Trustee and Holders of Securities. 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 of Securities to or on the Issuer 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 Issuer is filed by the Issuer with the Trustee) to Intercept PharmaceuticalsExelon Corporation, Inc.00 Xxxxx Xxxxxxxx Xxxxxx, 10 Xxxxxx 00xx Xxxxx, 37th FloorXxxxxxx, New YorkXxxxxxxx 00000-0000, New York 10001, AttnAttention: Chief Financial OfficerSecretary. Any notice, direction, request or demand by the Issuer or any Holder of Securities to or upon the Trustee shall be deemed to have been sufficiently given or madeserved by being deposited postage prepaid, for all purposesfirst-class mail (except as otherwise specifically provided herein) addressed (until another address of the Trustee is filed by the Trustee with the Issuer) to, if given or made at U.S. The Bank National Associationof New York Mellon Trust Company, N.A., 0 Xxxxx XxXxxxx Xxxxxx, Xxxxx 0000, Xxxxxxx, XX 00000 Attention: Global Corporate Trust Services, CityPlace I, 185 Asylum Street, 20xx Xxxxx, Xxxxxxxx, Xxxxxxxxxxx 00000, Attn: J. Xxxxxx (Intercept Pharmaceuticals, Inc.)Trust. Where this Indenture provides for notice to Holders of Registered Securities, such notice shall be sufficiently given (unless otherwise herein expressly provided) if in writing and mailed, first-class mail, postage prepaid, to each Holder entitled thereto, at his or her last address as it appears in the Security register. In case, by reason of the suspension of The Trustee agrees to accept and act upon instructions or irregularities in regular mail service, it shall be impracticable to mail notice of any event to Holders of Securities when said notice is required to be given directions pursuant to any provision of this Indenture sent by unsecured e-mail, pdf, facsimile transmission or of the Securities, then any manner of giving such notice as shall be satisfactory to other similar unsecured electronic methods; PROVIDED that the Trustee shall have received an incumbency certificate listing persons designated to give such instructions or directions and containing specimen signatures of such designated persons, which such incumbency certificate shall be amended and replaced whenever a person is to be added or deleted from the listing. If the Issuer elects to give the Trustee e-mail or facsimile instructions (or instructions by a similar electronic method) and the Trustee in its discretion elects to act upon such instructions, the Trustee’s understanding of such instructions shall be deemed controlling. The Trustee shall not be liable for any losses, costs or expenses arising directly or indirectly from the Trustee’s reliance upon and compliance with such instructions notwithstanding such instructions conflict or are inconsistent with a subsequent written instruction. The Issuer agrees to be a sufficient giving assume all risks arising out of the use of such notice. Neither the failure electronic methods to give notice, nor any defect in any notice so given, submit instructions and directions to any particular Holder of a Security shall affect the sufficiency of such notice with respect to other Holders of Securities given as provided above. 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 including without limitation the validity risk of any action taken in reliance upon such waiver. Notwithstanding any other provision of this Indenture the Trustee acting on unauthorized instructions, and the risk or any Security, where this Indenture or any Security provides for notice of any event to a Holder of a Global Security (whether interception and misuse 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 the Depositary’s operational arrangements or other applicable Depositary requirementsthird parties.

Appears in 1 contract

Samples: Exelon Corp

Notices and Demands on Issuer, Trustee and Holders of Securities. Any notice notice, direction, request 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 any Holder of Securities of any series to or on upon the Issuer may shall be deemed to have been sufficiently given or served by being deposited postage prepaidprepaid in the United States mail, first-class mail (except as otherwise specifically provided herein) ), addressed (until another address of the Issuer is filed by the Issuer with the Trustee) to Intercept PharmaceuticalsCMS Energy Corporation, Inc.Fairlane Plaza South, 10 Suite 1100, 330 Xxxx Xxxxxx Xxxxx, 37th FloorXxxxxxxx, New YorkXxxxxxxx 00000, New York 10001, AttnXxtention: Chief Financial OfficerSecretary. Any notice, direction, request or demand by the Issuer or any Holder of Securities of any series to or upon the Trustee shall be deemed to have been sufficiently given or made, for all purposes, if given or made at U.S. Bank National Association, Global Corporate Trust Services, CityPlace I, 185 Asylum Street, 20xx Xxxxx, Xxxxxxxx, Xxxxxxxxxxx 00000, Attn: J. Xxxxxx (Intercept Pharmaceuticals, Inc.). Where this Indenture provides for notice to Holders of Securities, such notice shall be sufficiently given (unless otherwise herein expressly provided) if served by being deposited postage prepaid in writing and mailedthe United States mail, first-class postage prepaidmail (except as otherwise specifically provided herein), to each Holder entitled thereto, at his or her last addressed (until another address as it appears in the Security register. In case, by reason of the suspension Trustee is filed by the Trustee with the Issuer) to The Bank of New York, 101 Xxxxxxx Xxxxxx, New York, New York, 10286, Attn: Corporate Trust, Trustee Administration. Any notice required or irregularities in regular mail service, it shall be impracticable to mail notice of any event to Holders of Securities when said notice is required permitted to be given or served by the Issuer or by the Trustee to or upon (i) any Holders of Registered Securities of any series or any Holders of Unregistered Securities who have filed their names and addresses with the Trustee pursuant to any provision of this Indenture or of the SecuritiesSection 4.4(c)(ii), then any manner of giving such notice as shall be satisfactory to the Trustee shall be deemed to have been sufficiently given or served by being deposited in the United States mail, first-class mail (except as otherwise specifically provided herein), addressed at their addresses as they shall appear on the Security Register or at the addresses so filed, respectively, and (ii) any Holders of other Unregistered Securities, shall be a sufficient giving deemed to have been sufficiently given or served by publication at least once in an Authorized Newspaper in the Borough of such noticeManhattan, The City of New York. Neither In any case where notice to the Holders of Securities is given by mail, neither the failure to give mail such notice, nor any defect in any notice so givenmailed, to any particular Holder of a Security shall affect the sufficiency of such notice with respect to other Holders of Securities given as provided aboveHolders. Where this Indenture provides for notice in any manner, such notice may be waived in writing by the Person entitled to receive such notice 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. Notwithstanding any other provision of this Indenture or any Security, where this Indenture or any Security provides for notice of any event to a Holder of a Global Security (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 the Depositary’s operational arrangements or other applicable Depositary requirements.

Appears in 1 contract

Samples: Indenture (CMS Energy Trust Ii)

Notices and Demands on Issuer, Trustee and Holders of Securities. 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 of Securities to or on the Issuer Issuer, or as required pursuant to the Trust Indenture Act of 1939, 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 Issuer is filed by the Issuer with the Trustee) to Intercept PharmaceuticalsHovnanian Enterprises, Inc., 10 Xxxxxx XxxxxHighway 35, 37th FloorP.O. Box 500, Red Bank, New York, New York 10001, Attn: Chief Financial OfficerJersey 07701. Any notice, directionxxxxxxxxx, request or demand by the Issuer or any Holder rexxxxx xx xxxxxx xx xxx Xxxxxx xx xxx Xxxder of Securities to or upon the Trustee shall be deemed to have been sufficiently given or madeserved by being deposited postage prepaid, for all purposesfirst-class mail (except as otherwise specifically provided herein) addressed (until another address of the Trustee is filed by the Trustee with the Issuer) to __________________________________, if given or made at U.S. Bank National Association[address], Global [attention: Corporate Trust ServicesAdministration (Hovnanian Enterprises, CityPlace I, 185 Asylum Street, 20xx Xxxxx, Xxxxxxxx, Xxxxxxxxxxx 00000, Attn: J. Xxxxxx (Intercept Pharmaceuticals, Inc.Inc. [specify series of Securities])]. Where this Indenture provides for notice to Holders of Securities, 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 or her last address as it appears in the Security register. In case, by reason of the suspension of or irregularities in regular mail service, it shall be impracticable to mail notice of any event to Holders of Securities when said notice is required to be given pursuant to any provision of this Indenture or of the Securities, 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. Neither the failure to give notice, nor any defect in any notice so given, to any particular Holder of a Security shall affect the sufficiency of such notice with respect to other Holders of Securities given as provided above. Where this Indenture provides for notice in any manner, such notice may be waived in writing by the Person entitled to receive such notice 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. Notwithstanding In case, by reason of the suspension of or irregularities in regular mail service, it shall be impracticable to mail notice to the Issuer when such notice is required to be given pursuant to any other provision of this Indenture or Indenture, then any Security, where this Indenture or any Security provides for notice manner of any event to a Holder of a Global Security (whether by mail or otherwise), giving such notice as shall be sufficiently given if given reasonably satisfactory to the Depositary (or its designee) pursuant Trustee shall be deemed to the standing instructions from the Depositary or its designee, including by electronic mail in accordance with the Depositary’s operational arrangements or other applicable Depositary requirementsbe sufficient notice.

Appears in 1 contract

Samples: Hovnanian Enterprises Inc

Notices and Demands on Issuer, Trustee and Holders of Securities. 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 of Securities to or on the Issuer may be given or served by being deposited postage prepaiddelivered in person, sent by facsimile, delivered by commercial courier service or mailed by first-class mail mail, postage prepaid (except as otherwise specifically provided herein) ), addressed (until another address of the Issuer is filed by the Issuer with the Trustee) to Intercept PharmaceuticalsIDEX Corporation, Inc., 10 Xxxxxx 0000 Xxxx Xxxxx Xxxxx, 37th FloorXxxxx 000, New YorkXxxx Xxxxxx, New York 10001Xxxxxxxx 00000-0000, AttnAttention: Chief Financial Officer[ ]. Any notice, direction, request or demand by the Issuer or any Holder of Securities to or upon the Trustee shall be deemed to have been sufficiently given or made, for all purposes, if given delivered in person, sent by facsimile, delivered by commercial courier service or made at U.S. Bank National Associationmailed by first-class mail, Global postage prepaid, to the Corporate Trust Services, CityPlace I, 185 Asylum Street, 20xx Xxxxx, Xxxxxxxx, Xxxxxxxxxxx 00000, Attn: J. Xxxxxx (Intercept Pharmaceuticals, Inc.)Office. Where this Indenture provides for notice to Holders of Securities, such notice shall be sufficiently given (unless otherwise herein expressly provided) if in writing and mailed, first-class firstclass postage prepaid, to each Holder entitled thereto, at his or her last address as it appears in the Security register. In any case where notice to such 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. In case, by reason of the suspension of or irregularities in regular mail service, it shall be impracticable to mail notice to the Issuer 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 case, by reason of the suspension of or irregularities in regular mail service, it shall be impracticable to mail notice of any event to Holders of Securities when said notice is required to be given pursuant to any provision of this Indenture or of the Securities, 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. Neither the failure to give notice, nor any defect in any notice so given, to any particular Holder of a Security shall affect the sufficiency of such notice with respect to other Holders of Securities given as provided above. 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. Notwithstanding any other provision of this Indenture or any Security, where this Indenture or any Security provides for notice of any event to a Holder of a Global Security (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 the Depositary’s operational arrangements or other applicable Depositary requirements.

Appears in 1 contract

Samples: Indenture (Idex Corp /De/)

Notices and Demands on Issuer, Trustee and Holders of Securities. 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 holders of Securities to or on the Issuer 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 Issuer is filed by the Issuer with the Trustee) to Intercept Pharmaceuticals, Inc., 10 Science Applications International Corporation 00000 Xxxxxx Xxxxx Xxxxx, 37th FloorXX X-0, New YorkXxx Xxxxx, New York 10001Xxxxxxxxxx 00000, AttnAttention: Chief Financial OfficerGeneral Counsel. Any notice, direction, request or demand by the Issuer or any Holder holder of Securities to or upon the Trustee shall be deemed to have been sufficiently given or made, made for all purposes, if given or made purposes upon receipt at U.S. Bank National Association, Global the Corporate Trust Services, CityPlace I, 185 Asylum Street, 20xx Xxxxx, Xxxxxxxx, Xxxxxxxxxxx 00000, Attn: J. Xxxxxx (Intercept Pharmaceuticals, Inc.)Office. Where this Indenture provides for notice to Holders of SecuritiesHolders, 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 or her last address as it appears in the Security register. In case, by reason of the suspension of or irregularities in regular mail service, it shall be impracticable to mail notice of any event to Holders of Securities when said notice is required to be given pursuant to any provision of this Indenture or of the Securities, then any manner of giving such notice as shall be satisfactory to the Trustee shall Such notices will be deemed to be a sufficient giving of such noticehave been given when mailed, whether or not received. Neither In any case where notice to Holders is given by mail, neither the failure to give mail such notice, nor any defect in any notice so givenmailed, to any particular Holder of a Security shall affect the sufficiency of such notice with respect to other Holders of Securities given as provided aboveHolders. Where this Indenture provides for notice in any manner, such notice may be waived in writing by the Person entitled to receive such notice 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. Notwithstanding In case, by reason of the suspension of or irregularities in regular mail service, it shall be impracticable to mail notice to the Issuer when such notice is required to be given pursuant to any other provision of this Indenture or Indenture, then any Security, where this Indenture or any Security provides for notice manner of any event to a Holder of a Global Security (whether by mail or otherwise), giving such notice as shall be sufficiently given if given reasonably satisfactory to the Depositary (or its designee) pursuant Issuer shall be deemed to the standing instructions from the Depositary or its designee, including by electronic mail in accordance with the Depositary’s operational arrangements or other applicable Depositary requirementsbe a sufficient giving of such notice.

Appears in 1 contract

Samples: Science Applications International Corp

Notices and Demands on Issuer, Trustee and Holders of Securities. 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 of Securities to or on the Issuer 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 Issuer is filed by the Issuer with the Trustee) to Intercept Concert Pharmaceuticals, Inc., 10 00 Xxxxxx XxxxxXxxxxx, 37th FloorXxxxx 000, New YorkXxxxxxxxx, New York 10001Xxxxxxxxxxxxx 00000, Attn: Chief Financial Officer. Any notice, direction, request or demand by the Issuer or any Holder of Securities to or upon the Trustee shall be deemed to have been sufficiently given or made, for all purposes, if given or made at U.S. Bank National Association, Global Corporate Trust Services, CityPlace I, 185 Asylum Street, 20xx Xxxxx, Xxxxxxxx, Xxxxxxxxxxx 00000, Attn: J. Xxxxxx (Intercept Pharmaceuticals, Inc.). Where this Indenture provides for notice to Holders of Securities, 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 or her last address as it appears in the Security register. In case, by reason of the suspension of or irregularities in regular mail service, it shall be impracticable to mail notice of any event to Holders of Securities when said notice is required to be given pursuant to any provision of this Indenture or of the Securities, 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 case, by reason of the suspension of or irregularities in regular mail service, it shall be impracticable to mail notice to the Issuer 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. Neither the failure to give notice, nor any defect in any notice so given, to any particular Holder of a Security shall affect the sufficiency of such notice with respect to other Holders of Securities given as provided above. 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. Notwithstanding any other provision of this Indenture or any Security, where this Indenture or any Security provides for notice of any event to a Holder of a Global Security (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 the Depositary’s operational arrangements or other applicable Depositary requirements.

Appears in 1 contract

Samples: Concert Pharmaceuticals, Inc.

Notices and Demands on Issuer, Trustee and Holders of Securities. 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 of Securities to or on the Issuer Issuer, or as required pursuant to the Trust Indenture Act of 1939, 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 Issuer is filed by the Issuer with the Trustee) to Intercept PharmaceuticalsYork International -47- 55 Corporation, Inc.631 Xxxxx Xxxxxxxx Xxxxxx, 10 Xxxxxx XxxxxXxxx, 37th FloorXxxxxxxxxxxx 00000, New YorkXxtention: Vice President, New York 10001, Attn: Chief Financial OfficerSecretary and General Counsel. Any notice, direction, request or demand by the Issuer or any Holder of Securities to or upon the Trustee shall be deemed to have been sufficiently given or madeserved by being deposited postage prepaid, for all purposesfirst-class mail (except as otherwise specifically provided herein) addressed (until another address of the Trustee is filed by the Trustee with the Issuer) to The Bank of New York, if given or made at U.S. Bank National Association101 Xxxxxxx Xxxxxx, Global Floor 21 West, New York, New York 10286, Attention: Corporate Trust Services, CityPlace I, 185 Asylum Street, 20xx Xxxxx, Xxxxxxxx, Xxxxxxxxxxx 00000, Attn: J. Xxxxxx (Intercept Pharmaceuticals, Inc.)Department. Where this Indenture provides for notice to Holders of Securities, 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 or her last address as it appears in the Security register. In case, by reason of the suspension of or irregularities in regular mail service, it shall be impracticable to mail notice of any event to Holders of Securities when said notice is required to be given pursuant to any provision of this Indenture or of the Securities, 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. Neither the failure to give notice, nor any defect in any notice so given, to any particular Holder of a Security shall affect the sufficiency of such notice with respect to other Holders of Securities given as provided above. Where this Indenture provides for notice in any manner, such notice may be waived in writing by the Person entitled to receive such notice 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. Notwithstanding In case, by reason of the suspension of or irregularities in regular mail service, it shall be impracticable to mail notice to the Issuer when such notice is required to be given pursuant to any other provision of this Indenture or Indenture, then any Security, where this Indenture or any Security provides for notice manner of any event to a Holder of a Global Security (whether by mail or otherwise), giving such notice as shall be sufficiently given if given reasonably satisfactory to the Depositary (or its designee) pursuant Trustee shall be deemed to the standing instructions from the Depositary or its designee, including by electronic mail in accordance with the Depositary’s operational arrangements or other applicable Depositary requirementsbe sufficient notice.

Appears in 1 contract

Samples: York International Corp /De/

Notices and Demands on Issuer, Trustee and Holders of Securities. 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 of Securities to or on the Issuer 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 Issuer is filed by the Issuer with the Trustee) to Intercept Concert Pharmaceuticals, Inc., 10 00 Xxxxxx XxxxxXxxxxx, 37th FloorXxxxx 000, New YorkXxxxxxxxx, New York 10001Xxxxxxxxxxxxx 00000, Attn: Chief Financial Officer. Any notice, direction, request or demand by the Issuer or any Holder of Securities to or upon the Trustee shall be deemed to have been sufficiently given or made, for all purposes, if given or made at U.S. Bank National Association, Global Corporate Trust Services, CityPlace I, 185 Asylum Street, 20xx Xxxxx, Xxxxxxxx, Xxxxxxxxxxx 00000, Attn: J. Xxxxxx (Intercept Pharmaceuticals, Inc.). Where this Indenture provides for notice to Holders of Securities, 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 or her last address as it appears in the Security register. In case, by reason of the suspension of or irregularities in regular mail service, it shall be impracticable to mail notice of any event to Holders of Securities when said notice is required to be given pursuant to any provision of this Indenture or of the Securities, 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. Neither the failure to give notice, nor any defect in any notice so given, to any particular Holder of a Security shall affect the sufficiency of such notice with respect to other Holders of Securities given as provided above. 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. Notwithstanding any other provision of this Indenture or any Security, where this Indenture or any Security provides for notice of any event to a Holder of a Global Security (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 the Depositary’s operational arrangements or other applicable Depositary requirements.

Appears in 1 contract

Samples: Concert Pharmaceuticals, Inc.

Notices and Demands on Issuer, Trustee and Holders of Securities. 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 of Securities to or on the Issuer Issuer, or as required pursuant to the Trust Indenture Act of 1939, 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 Issuer is filed by the Issuer with the Trustee) to Intercept PharmaceuticalsTriton Energy Limited, Inc.Caledonian House, 10 Xxxxxx XxxxxMary Street, 37th FloorP.O. Box 1043, New YorkGeorge Town, New York 10001Grand Cayman, Attn: Chief Financial OfficerCayman Islaxxx, with a copy to Triton Exxxxx Corporation, 6688 North Central Expressway, Suite 1400, Dallas, Texas 75206, attexxxxx Xxxxx Xxxxxxxxxx. Any noticeXxx xxxxxx, directionxxxxxxxxx, request or xxxxxxx xx demand by the Issuer or any Holder of Securities to or upon the Trustee shall be deemed to have been sufficiently given or madeserved by being deposited postage prepaid, for all purposesfirst-class mail (except as otherwise specifically provided herein) addressed (until another address of the Trustee is filed by the Trustee with the Issuer) to _____________________, if given or made at U.S. Bank National Association_____________________, Global _____________________, Attention: Corporate Trust Services, CityPlace I, 185 Asylum Street, 20xx Xxxxx, Xxxxxxxx, Xxxxxxxxxxx 00000, Attn: J. Xxxxxx (Intercept Pharmaceuticals, Inc.)Department. Where this Indenture provides for notice to Holders of Securities, 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 or her last address as it appears in the Security register. In case, by reason of the suspension of or irregularities in regular mail service, it shall be impracticable to mail notice of any event to Holders of Securities when said notice is required to be given pursuant to any provision of this Indenture or of the Securities, 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. Neither the failure to give notice, nor any defect in any notice so given, to any particular Holder of a Security shall affect the sufficiency of such notice with respect to other Holders of Securities given as provided above. Where this Indenture provides for notice in any manner, such notice may be waived in writing by the Person entitled to receive such notice 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. Notwithstanding In case, by reason of the suspension of or irregularities in regular mail service, it shall be impracticable to mail notice to the Issuer when such notice is required to be given pursuant to any other provision of this Indenture or Indenture, then any Security, where this Indenture or any Security provides for notice manner of any event to a Holder of a Global Security (whether by mail or otherwise), giving such notice as shall be sufficiently given if given reasonably satisfactory to the Depositary (or its designee) pursuant Trustee shall be deemed to the standing instructions from the Depositary or its designee, including by electronic mail in accordance with the Depositary’s operational arrangements or other applicable Depositary requirementsbe sufficient notice.

Appears in 1 contract

Samples: Triton Energy LTD

Notices and Demands on Issuer, Trustee and Holders of Securities. 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 of Securities to or on the Issuer Issuer, or as required pursuant to the Trust Indenture Act of 1939, 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 Issuer is filed by the Issuer with the Trustee) to Intercept PharmaceuticalsK. Xxxxxxxxx Enterprises, Inc., 10 Xxxxxx Xxxxx100 Xxxx Xxxxx Xxxxxx, 37th FloorX.X. Box 500, Red Bank, New York, New York 10001, Attn: Chief Financial OfficerJersey 07701. Any notice, direction, request or demand by the Issuer or any Holder of Securities to or upon the Trustee shall be deemed to have been sufficiently given or madeserved by being deposited postage prepaid, for all purposesfirst-class mail (except as otherwise specifically provided herein) addressed (until another address of the Trustee is filed by the Trustee with the Issuer) to Wilmington Trust Company, if given or made at U.S. Bank National AssociationRxxxxx Square North, Global Corporate Trust Services1000 Xxxxx Xxxxxx Xxxxxx, CityPlace IXxxxxxxxxx, 185 Asylum Street, 20xx Xxxxx, Xxxxxxxx, Xxxxxxxxxxx 00000, Attn: J. Xxxxxx (Intercept Pharmaceuticals, Inc.XX 00000 [specify series of Securities]). Where this Indenture provides for notice to Holders of Securities, 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 or her last address as it appears in the Security register. In case, by reason of the suspension of or irregularities in regular mail service, it shall be impracticable to mail notice of any event to Holders of Securities when said notice is required to be given pursuant to any provision of this Indenture or of the Securities, 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. Neither the failure to give notice, nor any defect in any notice so given, to any particular Holder of a Security shall affect the sufficiency of such notice with respect to other Holders of Securities given as provided above. Where this Indenture provides for notice in any manner, such notice may be waived in writing by the Person entitled to receive such notice 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. Notwithstanding In case, by reason of the suspension of or irregularities in regular mail service, it shall be impracticable to mail notice to the Issuer when such notice is required to be given pursuant to any other provision of this Indenture or Indenture, then any Security, where this Indenture or any Security provides for notice manner of any event to a Holder of a Global Security (whether by mail or otherwise), giving such notice as shall be sufficiently given if given reasonably satisfactory to the Depositary (or its designee) pursuant Trustee shall be deemed to the standing instructions from the Depositary or its designee, including by electronic mail in accordance with the Depositary’s operational arrangements or other applicable Depositary requirementsbe sufficient notice.

Appears in 1 contract

Samples: Senior Indenture (Hovnanian Enterprises Inc)

Notices and Demands on Issuer, Trustee and Holders of Securities. 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 of Securities to or on the Issuer may be given or served by being deposited postage prepaid, first-class mail or by overnight delivery (except as otherwise specifically provided herein) addressed (unless and until another address of the Issuer is filed by the Issuer with the Trustee) to Intercept PharmaceuticalsBBVA Compass Bancshares, Inc., 10 00 Xxxxx 00xx Xxxxxx XxxxxXxxxx Xxxxx Xxxxx 000, 37th FloorXxxxxxxxxx, New YorkXxxxxxx 00000, New York 10001Attention: Treasurer, Attn: Chief Financial Officerwith a copy to BBVA Compass — Legal Department, 0000 Xxxx Xxx Xxxx., Xxxxxxx, Xxxxx 00000, or, if such notice, direction, request or demand is given or served via facsimile transmission or other electronic means acceptable to the Issuer to a facsimile number or email address designated by the Issuer, with confirmation of such transmission via facsimile or such other electronic means. Any notice, direction, request or demand by the Issuer or any Holder of Securities to or upon the Trustee shall be deemed to have been sufficiently given or madeserved by being deposited postage prepaid, for all purposes, if given first-class mail or made at by overnight delivery (except as otherwise specifically provided herein) addressed (until another address of the Trustee is filed by the Trustee with the Issuer) to U.S. Bank National Association, Attention: Global Corporate Trust Services, CityPlace I000 Xxxx Xxxxxx, 185 Asylum Street, 20xx 00xx Xxxxx, XxxxxxxxXxx Xxxx, Xxxxxxxxxxx Xxx Xxxx 00000, Attn: J. Xxxxxx (Intercept Pharmaceuticalsor, Inc.)if such notice, direction, request or demand is given or served via facsimile transmission or other electronic means acceptable to the Trustee to a facsimile number or email address designated by the Trustee, with confirmation of such transmission via facsimile or such other electronic means. Where this Indenture provides for notice to Holders of SecuritiesHolders, 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 or her such person’s last address as it appears in the Security register. In caseany case where notice to such Holders is given by mail, by reason of the suspension of or irregularities in regular mail service, it shall be impracticable to mail notice of any event to Holders of Securities when said notice is required to be given pursuant to any provision of this Indenture or of the Securities, 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. Neither neither the failure to give mail such notice, nor any defect in any notice so givenmailed, to any particular Holder of a Security shall affect the sufficiency of such notice with respect to other Holders of Securities given as provided aboveHolders. Where this Indenture provides for notice in any manner, such notice may be waived in writing by the Person entitled to receive such notice 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. Notwithstanding In case, by reason of the suspension of or irregularities in regular mail service, it shall be impracticable to mail or otherwise send by overnight delivery notice to the Issuer by the Trustee, or to the Trustee by the Issuer when such notice is required to be given pursuant to any other provision of this Indenture or Indenture, then any Security, where this Indenture or any Security provides for notice manner of any event to a Holder of a Global Security (whether by mail or otherwise), giving such notice as shall be sufficiently given if given reasonably satisfactory to the Depositary (Trustee or its designee) pursuant the Issuer, as applicable, shall be deemed to the standing instructions from the Depositary or its designee, including by electronic mail in accordance with the Depositary’s operational arrangements or other applicable Depositary requirementsbe a sufficient giving of such notice.

Appears in 1 contract

Samples: Bbva Compass Bancshares, Inc

Notices and Demands on Issuer, Trustee and Holders of Securities. 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 of Securities to or on the Issuer Issuer, or as required pursuant to the Trust Indenture Act of 1939, 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 Issuer is filed by the Issuer with the Trustee) to Intercept PharmaceuticalsCitizens Communications Company, Inc.0 Xxxx Xxxxx Xxxx, 10 Xxxxxx XxxxxXxxxxxxx, 37th Floor, New York, New York 10001, Attn: Chief Financial OfficerXxxxxxxxxxx 00000. Any notice, direction, request or demand by the Issuer or any Holder of Securities to or upon the Trustee shall be deemed to have been sufficiently given or madeserved by being deposited postage prepaid, for all purposesfirst-class mail (except as otherwise specifically provided herein) addressed (until another address of the Trustee is filed by the Trustee with the Issuer) to The Chase Manhattan Bank, if given or made at U.S. Bank National Association000 X. 00xx Xxxxxx, Global Corporate Trust ServicesXxx Xxxx, CityPlace I, 185 Asylum Street, 20xx Xxxxx, Xxxxxxxx, Xxxxxxxxxxx Xxx Xxxx 00000, Attn[attention: J. Xxxxxx Institutional Trust Services (Intercept Pharmaceuticals, Inc.Citizens Communications Company [specify series of Securities])]. Where this Indenture provides for notice to Holders of Securities, 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 or her last address as it appears in the Security register. In case, by reason of the suspension of or irregularities in regular mail service, it shall be impracticable to mail notice of any event to Holders of Securities when said notice is required to be given pursuant to any provision of this Indenture or of the Securities, 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. Neither the failure to give notice, nor any defect in any notice so given, to any particular Holder of a Security shall affect the sufficiency of such notice with respect to other Holders of Securities given as provided above. Where this Indenture provides for notice in any manner, such notice may be waived in writing by the Person entitled to receive such notice 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. Notwithstanding In case, by reason of the suspension of or irregularities in regular mail service, it shall be impracticable to mail notice to the Issuer when such notice is required to be given pursuant to any other provision of this Indenture or Indenture, then any Security, where this Indenture or any Security provides for notice manner of any event to a Holder of a Global Security (whether by mail or otherwise), giving such notice as shall be sufficiently given if given reasonably satisfactory to the Depositary (or its designee) pursuant Trustee shall be deemed to the standing instructions from the Depositary or its designee, including by electronic mail in accordance with the Depositary’s operational arrangements or other applicable Depositary requirementsbe sufficient notice.

Appears in 1 contract

Samples: Citizens Communications Co

Notices and Demands on Issuer, Trustee and Holders of Securities. 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 of Securities to or on the Issuer 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 Issuer is filed by the Issuer with the Trustee) to Intercept Pharmaceuticals, Lennox International Inc., 10 Xxxxxx Xxxxx0000 Xxxx Xxxx Xxxxxxxxx, 37th FloorXxxxxxxxxx, New York, New York 10001Xxxxx 00000, Attn: Chief Financial OfficerSecretary. Any notice, direction, request or demand by the Issuer or any Holder of Securities to or upon the Trustee shall be deemed to have been sufficiently given or made, for all purposes, if given or made at U.S. Bank National Association00000 Xxxxxx Xxxxxxx, Global Corporate Trust ServicesXxx. 000, CityPlace IXxxxxx, 185 Asylum Street, 20xx Xxxxx, Xxxxxxxx, Xxxxxxxxxxx Xxxxx 00000, Attn: J. Xxxxxx (Intercept Pharmaceuticals, Inc.)Corporate Trust Office. Where this Indenture provides for notice to Holders of Securities, 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 or her last address as it appears in the Security register. In any case where notice to such 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. In case, by reason of the suspension of or irregularities in regular mail service, it shall be impracticable to mail notice to the Issuer 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 case, by reason of the suspension of or irregularities in regular mail service, it shall be impracticable to mail notice of any event to Holders of Securities when said notice is required to be given pursuant to any provision of this Indenture or of the Securities, 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. Neither the failure to give notice, nor any defect in any notice so given, to any particular Holder of a Security shall affect the sufficiency of such notice with respect to other Holders of Securities given as provided above. 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. Notwithstanding any other provision of this Indenture or any Security, where this Indenture or any Security provides for notice of any event to a Holder of a Global Security (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 the Depositary’s operational arrangements or other applicable Depositary requirements.

Appears in 1 contract

Samples: Indenture (Allied Air Enterprises Inc.)

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