Common use of Notices and Other Documents to Noteholders; Waiver Clause in Contracts

Notices and Other Documents to Noteholders; Waiver. (a) Where this Indenture provides for notice to Noteholders of any event, such notice shall be in writing and sent (i) by telefacsimile if the sender on the same day sends a confirming copy of such notice by a recognized overnight delivery service (charges prepaid), or (ii) by registered or certified mail with return receipt requested (postage prepaid), or (iii) by a recognized overnight delivery service (with charges prepaid). Any such notice to a Noteholder or its nominee must be sent (i) to such Person at the address specified for such communications in the Note Register, or at such other address as the Noteholder shall have specified to the Trustee in writing and (ii) if specified, to such other Person as shall be identified in writing to the Trustee by each Noteholder or its nominee. Notice under this Section 13.03 will be deemed to be given only when actually received. (b) Where this Indenture provides for notice in any manner, such notice may be waived in writing by any 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 Noteholders 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. (c) Any reports, documents or other communications other than notices to be sent to Noteholders may be telecopied or mailed, first-class postage prepaid and shall be addressed to the Noteholders and their nominees and designees, if applicable, as set forth in paragraph (a) above.

Appears in 5 contracts

Samples: Indenture (Trendwest Resorts Inc), Indenture (Trendwest Resorts Inc), Indenture (Trendwest Resorts Inc)

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Notices and Other Documents to Noteholders; Waiver. (a) Where this Indenture Agreement provides for notice to Noteholders of any event, such notice shall be in writing and sent (i) by telefacsimile if the sender on the same day sends a confirming copy of such notice by a recognized overnight delivery service (charges prepaid), or (ii) by registered or certified mail with return receipt requested (postage prepaid), or (iii) by a recognized overnight delivery service (with charges prepaid). Any such notice to a Noteholder or its nominee must be sent to (i) to such Person at the address specified for such communications in the Note Register, or at such other address as the Noteholder shall have specified to the Trustee in writing and (ii) if specified, to such other Person as shall be identified in writing to the Trustee by each Noteholder or its nominee. The Trustee acknowledges receipt of Annex 1 to the Note Purchase Agreement, which sets forth such information with respect to the initial Holders. Notice under this Section 13.03 8.05 will be deemed to be given only when actually received. (b) Where this Indenture Agreement provides for notice in any manner, such notice may be waived in writing by any 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 Noteholders 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. (c) Any reports, documents or other communications other than notices to be sent to Noteholders may be telecopied or mailed, first-first class postage prepaid and shall be addressed to the Noteholders and their nominees and designees, if applicable, as set forth in paragraph (a) above.

Appears in 4 contracts

Samples: Servicing Agreement (Trendwest Resorts Inc), Servicing Agreement (Trendwest Resorts Inc), Servicing Agreement (Trendwest Resorts Inc)

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Notices and Other Documents to Noteholders; Waiver. (a) Where this Indenture Agreement provides for notice to Noteholders of any event, such notice shall be in writing and sent (i) by telefacsimile if the sender on the same day sends a confirming copy of such notice by a recognized overnight delivery service (charges prepaid), or (ii) by registered or certified mail with return receipt requested (postage prepaid), or (iii) by a recognized overnight delivery service (with charges prepaid). Any such notice to a Noteholder or its nominee must be sent to (i) to such Person at the address specified for such communications in the Note Register, or at such other address as the Noteholder shall have specified to the Trustee in writing and (ii) if specified, to such other Person as shall be identified in writing to the Trustee by each Noteholder or its nominee. Notice under this Section 13.03 8.05 will be deemed to be given only when actually received. (b) Where this Indenture Agreement provides for notice in any manner, such notice may be waived in writing by any 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 Noteholders 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. (c) Any reports, documents or other communications other than notices to be sent to Noteholders may be telecopied or mailed, first-first class postage prepaid and shall be addressed to the Noteholders and their nominees and designees, if applicable, as set forth in paragraph (a) above.

Appears in 2 contracts

Samples: Servicing Agreement (Trendwest Resorts Inc), Servicing Agreement (Trendwest Resorts Inc)

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