Common use of Notices; Effectiveness Clause in Contracts

Notices; Effectiveness. Any notice or demand which by any provision of this Subordinated Indenture is required or permitted to be given or served by the Trustee or by the Holders of Subordinated Securities to or on the Company, or by the Company or by the Holders of Subordinated Securities to the Trustee or upon the Depository by the Company or the Trustee may be electronically communicated or hand delivered or sent by overnight courier, addressed to the relevant party as provided in this Section 13.02. All communications intended for the Company shall be sent to: OncoGenex Pharmaceuticals, Inc. 0000 000xx Xxxxx XX, Xxxxx 000 Xxxxxxx, Xxxxxxxxxx 00000 Attention: Chief Financial Officer All communications intended for the Trustee shall be sent to: Attention: or at any other address of which any of the foregoing shall have notified the others in any manner prescribed in this Section 13.02. For all purposes of this Subordinated Indenture, a notice or communication will be deemed effective: (a) if delivered by hand or sent by overnight courier, on the day it is delivered unless (i) that day is not a Business Day in the city specified (a “Local Business Day”) in the address for notice provided by the recipient or (ii) if delivered after the close of business on a Local Business Day, then on the next succeeding Local Business Day or (b) if sent by facsimile transmission, on the date transmitted, provided that oral or written confirmation of receipt is obtained by the sender unless the date of transmission and confirmation is not a Local Business Day, in which case, on the next succeeding Local Business Day. Any notice, direction, requires, demand, consent or waiver by the Company, any Subordinated Securityholder to or upon the Trustee shall be deemed to have been sufficiently given, made or filed, for all purposes, if given, made or filed in writing at the Principal Office of the Trustee in accordance with the provisions of this Section 13.02. Any notice, request, consent or waiver by the Company or the Trustee upon the Depository shall have been sufficiently given, made or filed, for all purposes, if give or made in accordance with the provisions of this Section 13.02 at the address shown for such Depository in the Register or at such other address as the Depository shall have provided for purposes of notice.

Appears in 3 contracts

Samples: Subordinated Indenture (Oncogenex Pharmaceuticals, Inc.), Subordinated Indenture (Oncogenex Pharmaceuticals, Inc.), Subordinated Indenture (Oncogenex Pharmaceuticals, Inc.)

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Notices; Effectiveness. Any notice or demand which by any provision of this Subordinated Indenture is required or permitted to be given or served by the Trustee or by the Holders of Subordinated Securities to or on the CompanyCompany or the Guarantor, or by the Company Company, the Guarantor or by the Holders of Subordinated Securities to the Trustee or upon the Depository by the Company or the Guarantor or the Trustee may be electronically communicated or hand delivered or sent by overnight courier, addressed to the relevant party as provided in this Section 13.0214.02. All communications intended for the Company shall be sent to: OncoGenex Pharmaceuticals, Inc. 0000 000xx Xxxxx XX, Xxxxx ChevronTexaco Capital Company 000 0xx Xxxxxx X.X. Xxxxxxx, Xxxxxxxxxx 00000 Xxxxxxx X0X XX0 Xxxxxxxxx: Treasurer Fax Number: (000) 000-0000 Copies of all communications intended for the Company shall be sent to the Guarantor. All communications intended for the Guarantor shall be sent to: ChevronTexaco Corporation 0000 Xxxxxxxxx Xxxxxx Road Building E San Ramon, CA 94583 Attention: Chief Financial Officer Treasurer Fax Number: (000) 000-0000 All communications intended for the Trustee shall be sent to: JPMorgan Chase Bank 000 Xxxx 00xx Xxxxxx, 00xx Xxxxx Xxx Xxxx, XX 00000 Attention: Vice President, Institutional Services Fax Number: (000) 000-0000 or at any other address of which any of the foregoing shall have notified the others in any manner prescribed in this Section 13.0214.02. For all purposes of this Subordinated Indenture, a notice or communication will be deemed effective: (a) if delivered by hand or sent by overnight courier, on the day it is delivered unless (i) that day is not a Business Day in the city specified (a “Local Business Day”) in the address for notice provided by the recipient or (ii) if delivered after the close of business on a Local Business Day, then on the next succeeding Local Business Day orDay, (b) if sent by telex, on the day the recipient’s answerback is received unless that day is not a Local Business Day, in which case on the next succeeding Local Business Day, (c) if sent by facsimile transmission, on the date transmitted, provided that oral or written confirmation of receipt is obtained by the sender unless the date of transmission and confirmation is not a Local Business Day, in which case, on the next succeeding Local Business Day. Any notice, direction, requiresrequest, demand, consent or waiver by the Company, the Guarantor, any Subordinated Securityholder to or upon the Trustee shall be deemed to have been sufficiently given, made or filed, for all purposes, if given, made or filed in writing at the Principal Office of with the Trustee in accordance with the provisions of this Section 13.0214.02. Any notice, request, consent or waiver by the Company Company, the Guarantor or the Trustee upon the Depository shall have been sufficiently given, made or filed, for all purposes, if give given or made in accordance with the provisions of this Section 13.02 14.02 at the address shown for such Depository in the Register or at such other address as the Depository shall have provided for purposes of notice.

Appears in 1 contract

Samples: Indenture (Chevron Funding Corp)

Notices; Effectiveness. Any notice or demand which by any provision of this Subordinated Indenture is required or permitted to be given or served by the Trustee or by the Holders of Subordinated Securities to or on the Company, or by the Company or by the Holders of Subordinated Securities to the Trustee or upon the Depository by the Company or the Trustee may be electronically communicated or hand delivered or sent by overnight courier, addressed to the relevant party as provided in this Section 13.02. All communications intended for the Company shall be sent to: OncoGenex PharmaceuticalsLexar Media, Inc. 0000 000xx Xxxxx XX, Xxxxx 000 00000 Xxxxxxx Xxxxxxx Xxxxxxx, Xxxxxxxxxx XX 00000 Attention: Chief Financial Officer General Counsel Fax Number: (000) 000-0000 All communications intended for the Trustee shall be sent to: U.S. Bank National Association 000 Xxxx 0xx Xxxxxx, 00xx Xxxxx Xxx Xxxxxxx, XX 00000 Attention: Corporate Trust Services (Lexar Media, Inc. Subordinated Securities) Fax Number: (000) 000-0000 or at any other address of which any of the foregoing shall have notified the others in any manner prescribed in this Section 13.02. For all purposes of this Subordinated Indenture, a notice or communication will be deemed effective: (a) if delivered by hand or sent by overnight courier, on the day it is delivered unless (i) that day is not a Business Day in the city specified (a "Local Business Day") in the address for notice provided by the recipient or (ii) if delivered after the close of business on a Local Business Day, then on the next succeeding Local Business Day or (b) if sent by facsimile transmission, on the date transmitted, provided that oral or written confirmation of receipt is obtained by the sender unless the date of transmission and confirmation is not a Local Business Day, in which case, on the next succeeding Local Business Day. Any notice, direction, requires, demand, consent or waiver by the Company, any Subordinated Securityholder to or upon the Trustee shall be deemed to have been sufficiently given, made or filed, for all purposes, if given, made or filed in writing at the Principal Office of the Trustee in accordance with the provisions of this Section 13.02. Any notice, request, consent or waiver by the Company or the Trustee upon the Depository shall have been sufficiently given, made or filed, for all purposes, if give or made in accordance with the provisions of this Section 13.02 at the address shown for such Depository in the Register or at such other address as the Depository shall have provided for purposes of notice.

Appears in 1 contract

Samples: Subordinated Indenture (Lexar Media Inc)

Notices; Effectiveness. Any notice or demand which by any provision of this Subordinated Indenture is required or permitted to be given or served by the Trustee or by the Holders of Subordinated Securities to or on the Company, or by the Company or by the Holders of Subordinated Securities to the Trustee or upon the Depository by the Company or the Trustee may be electronically communicated or hand delivered or sent by overnight courier, addressed to the relevant party as provided in this Section 13.02. All communications intended for the Company shall be sent to: OncoGenex PharmaceuticalsBioLife Solutions, Inc. 0000 000xx Xxxxx XXXxxxx Parkway Bothell, Xxxxx 000 Xxxxxxx, Xxxxxxxxxx 00000 Washington 98021 Attention: Chief Financial Officer All communications intended for the Trustee shall be sent to: ____________________________________________ ____________________________________________ ____________________________________________ Attention: or at any other address of which any of the foregoing shall have notified the others in any manner prescribed in this Section 13.02. For all purposes of this Subordinated Indenture, a notice or communication will be deemed effective: (a) if delivered by hand or sent by overnight courier, on the day it is delivered unless (i) that day is not a Business Day in the city specified (a “Local Business Day”) in the address for notice provided by the recipient or (ii) if delivered after the close of business on a Local Business Day, then on the next succeeding Local Business Day or (b) if sent by facsimile transmission, on the date transmitted, provided that oral or written confirmation of receipt is obtained by the sender unless the date of transmission and confirmation is not a Local Business Day, in which case, on the next succeeding Local Business Day. Any notice, direction, requires, demand, consent or waiver by the Company, any Subordinated Securityholder to or upon the Trustee shall be deemed to have been sufficiently given, made or filed, for all purposes, if given, made or filed in writing at the Principal Office of the Trustee in accordance with the provisions of this Section 13.02. Any notice, request, consent or waiver by the Company or the Trustee upon the Depository shall have been sufficiently given, made or filed, for all purposes, if give or made in accordance with the provisions of this Section 13.02 at the address shown for such Depository in the Register or at such other address as the Depository shall have provided for purposes of notice.

Appears in 1 contract

Samples: Senior Indenture (Biolife Solutions Inc)

Notices; Effectiveness. Any notice or demand which by any provision of this Subordinated Indenture is required or permitted to be given or served by the Trustee or by the Holders of Subordinated Securities to or on the Company, or by the Company or by the Holders of Subordinated Securities to the Trustee or upon the Depository by the Company or the Trustee may be electronically communicated or hand delivered or sent by overnight courier, addressed to the relevant party as provided in this Section 13.02. All communications intended for the Company shall be sent to: OncoGenex PharmaceuticalsHandspring, Inc. 0000 000xx Xxxxx XX189 Bernardo Avenue Mountain View, Xxxxx 000 Xxxxxxx, Xxxxxxxxxx CX 00000 AttentionXxxxxxxxx: Chief Financial Officer General Counsel Fax Number: (650) 230-5139 All communications intended for the Trustee shall be sent xxxxx xx xxxx to: AttentionState Street Bank and Trust Company of California, N.A. 633 West 5th Street, 12th Floor Los Xxxxxxx, XX 00000 Xxxxxxxxx: Xxxxxxxxx Xxxxx Xxxxxxxxration (Handspring, Inc. Subordinated Securities) Fax Number: (213) 362-7357 or at any other address of which any of the foregoing shall have foregoixx xxxxx xxxx notified the others in any manner prescribed in this Section 13.02. For all purposes of this Subordinated Indenture, a notice or communication will be deemed effective: (a) if delivered by hand or sent by overnight courier, on the day it is delivered unless (i) that day is not a Business Day in the city specified (a "Local Business Day") in the address for notice provided by the recipient or (ii) if delivered after the close of business on a Local Business Day, then on the next succeeding Local Business Day or (b) if sent by facsimile transmission, on the date transmitted, provided that oral or written confirmation of receipt is obtained by the sender unless the date of transmission and confirmation is not a Local Business Day, in which case, on the next succeeding Local Business Day. Any notice, direction, requires, demand, consent or waiver by the Company, any Subordinated Securityholder to or upon the Trustee shall be deemed to have been sufficiently given, made or filed, for all purposes, if given, made or filed in writing at the Principal Office of the Trustee in accordance with the provisions of this Section 13.02. Any notice, request, consent or waiver by the Company or the Trustee upon the Depository shall have been sufficiently given, made or filed, for all purposes, if give or made in accordance with the provisions of this Section 13.02 at the address shown for such Depository in the Register or at such other address as the Depository shall have provided for purposes of notice.

Appears in 1 contract

Samples: Subordinated Indenture (Handspring Inc)

Notices; Effectiveness. Any notice request, authorization, ---------------------- direction, consent, election, waiver, notice, demand or demand other document which by any provision of this Subordinated Indenture is required or permitted to be given or served by the Trustee or by the Holders of Subordinated Securities to or on the Company, or by the Company or by the Holders of Subordinated Securities to the 66 Trustee or upon to or on the Depository by the Company or the Trustee may shall be sufficient for every purpose hereunder if in writing and electronically communicated or hand delivered or sent by overnight couriercourier or sent by facsimile transmission (followed by first- class postage prepaid mail), addressed to the relevant party as provided in this Section 13.02. All communications intended for the Company shall be sent to: OncoGenex PharmaceuticalsExodus Communications, Inc. 0000 000xx Xxxxxxx Xxxxxxx Xxxxxxxxx Xxxxx XXXxxxx, Xxxxx 000 Xxxxxxx, Xxxxxxxxxx XX 00000 Attention: Chief Financial Officer General Counsel Fax Number: (000) 000-0000 All communications intended for the Trustee shall be sent to: HSBC Bank USA 000 Xxxxxxxx, 00/xx/ Xxxxx Xxx Xxxx, XX 00000 Attention: Xxxx Xxxxx Fax Number: (000) 000-0000 or at any other address of which any of the foregoing shall have notified the others in any manner prescribed in this Section 13.02. For all purposes of this Subordinated Indenture, a notice or communication will be deemed effective: (a) if delivered by hand or sent by overnight courier, on the day it is delivered unless delivered; provided that, if (i) that day is not a Business Day in the city specified (a "Local Business Day") in the address for notice provided by the recipient or (ii) if delivered after the close of business on a Local Business Day, then such notice or communication will be deemed effective on the next succeeding Local Business Day Day; or (b) if sent by facsimile transmission, on the date transmitted; provided that, provided that oral or written confirmation of receipt is must be obtained by the sender unless the date of transmission and confirmation is not a Local Business Day, in which case, such notice or communication will be deemed effective on the next succeeding Local Business Day. Any notice, direction, requires, demand, consent or waiver by the Company, any Subordinated Securityholder to or upon the Trustee shall be deemed to have been sufficiently given, made or filed, for all purposes, if given, made or filed in writing at the Principal Office of the Trustee in accordance with the provisions of this Section 13.02. Any notice, request, consent or waiver by the Company or the Trustee upon the Depository shall have been sufficiently given, made or filed, for all purposes, if give or made in accordance with the provisions of this Section 13.02 at the address shown for such Depository in the Register or at such other address as the Depository shall have provided for purposes of notice.

Appears in 1 contract

Samples: Subordinated Indenture (Exodus Communications Inc)

Notices; Effectiveness. Any notice or demand which by any provision of this Subordinated Indenture is required or permitted to be given or served by the Trustee or by the Holders of Subordinated Securities to or on the Company, or by the Company or by the Holders of Subordinated Securities to the Trustee or upon the Depository by the Company or the Trustee may be electronically communicated or hand delivered or sent by overnight courier, addressed to the relevant party as provided in this Section 13.02. All communications intended for the Company shall be sent to: OncoGenex PharmaceuticalsBioLife Solutions, Inc. 0000 000xx Xxxxx XXXxxxx Parkway Bothell, Xxxxx 000 Xxxxxxx, Xxxxxxxxxx 00000 Washington 98021 Attention: Chief Financial Officer All communications intended for the Trustee shall be sent to: Attention: ______________________________________________ ______________________________________________ ______________________________________________ Attention ______________________________________ or at any other address of which any of the foregoing shall have notified the others in any manner prescribed in this Section 13.02. For all purposes of this Subordinated Indenture, a notice or communication will be deemed effective: (a) if delivered by hand or sent by overnight courier, on the day it is delivered unless (i) that day is not a Business Day in the city specified (a “Local Business Day”) in the address for notice provided by the recipient or (ii) if delivered after the close of business on a Local Business Day, then on the next succeeding Local Business Day or (b) if sent by facsimile transmission, on the date transmitted, provided that oral or written confirmation of receipt is obtained by the sender unless the date of transmission and confirmation is not a Local Business Day, in which case, on the next succeeding Local Business Day. Any notice, direction, requires, demand, consent or waiver by the Company, any Subordinated Securityholder to or upon the Trustee shall be deemed to have been sufficiently given, made or filed, for all purposes, if given, made or filed in writing at the Principal Office of the Trustee in accordance with the provisions of this Section 13.02. Any notice, request, consent or waiver by the Company or the Trustee upon the Depository shall have been sufficiently given, made or filed, for all purposes, if give or made in accordance with the provisions of this Section 13.02 at the address shown for such Depository in the Register or at such other address as the Depository shall have provided for purposes of notice.

Appears in 1 contract

Samples: Subordinated Indenture (Biolife Solutions Inc)

Notices; Effectiveness. Any notice or demand which by any provision of this Subordinated Indenture is required or permitted to be given or served by the Trustee or by the Holders of Subordinated Securities to or on the Company, or by the Company or by the Holders of Subordinated Securities to the Trustee or upon the Depository by the Company or the Trustee may be electronically communicated or hand delivered or sent by overnight courier, addressed to the relevant party as provided in this Section 13.02. All communications intended for the Company shall be sent to: OncoGenex PharmaceuticalsLexar Media, Inc. 0000 000xx Xxxxx XX47421 Bayside Parkway Fremont, Xxxxx 000 Xxxxxxx, Xxxxxxxxxx 00000 AttentionCA 94000 Xxxxxxxxx: Chief Financial Officer Xxxxxxx Xxxxxxx Fax Number: (510) 413-1296 All communications intended for the Trustee shall be sent xxxxx xx xxxx to: AttentionState Street Bank and Trust Company of California, N.A. 633 West 5th Street, 12th Floor Los Xxxxxxx, XX 00000 Xxxxxxxxx: Xxxxxxxxx Xxxxx Xxxxxxxxration (Lexar Media, Inc. Subordinated Securities) Fax Number: (213) 362-7357 or at any other address of which any of the foregoing shall have foregoixx xxxxx xxxx notified the others in any manner prescribed in this Section 13.02. For all purposes of this Subordinated Indenture, a notice or communication will be deemed effective: (a) if delivered by hand or sent by overnight courier, on the day it is delivered unless (i) that day is not a Business Day in the city specified (a "Local Business Day") in the address for notice provided by the recipient or (ii) if delivered after the close of business on a Local Business Day, then on the next succeeding Local Business Day or (b) if sent by facsimile transmission, on the date transmitted, provided that oral or written confirmation of receipt is obtained by the sender unless the date of transmission and confirmation is not a Local Business Day, in which case, on the next succeeding Local Business Day. Any notice, direction, requires, demand, consent or waiver by the Company, any Subordinated Securityholder to or upon the Trustee shall be deemed to have been sufficiently given, made or filed, for all purposes, if given, made or filed in writing at the Principal Office of the Trustee in accordance with the provisions of this Section 13.02. Any notice, request, consent or waiver by the Company or the Trustee upon the Depository shall have been sufficiently given, made or filed, for all purposes, if give or made in accordance with the provisions of this Section 13.02 at the address shown for such Depository in the Register or at such other address as the Depository shall have provided for purposes of notice.

Appears in 1 contract

Samples: Subordinated Indenture (Lexar Media Inc)

Notices; Effectiveness. Any notice or demand which by any provision of this Subordinated Indenture is required or permitted to be given or served by the Trustee or by the Holders of Subordinated Securities to or on the CompanyCorporation, or by the Company Corporation or by the Holders of Subordinated Securities to the Trustee or upon the Depository by the Company Corporation or the Trustee may be electronically communicated or hand delivered or sent by overnight courier, addressed to the relevant party as provided in this Section 13.0213.2. All communications intended for the Company Corporation shall be sent to: OncoGenex PharmaceuticalsProvidian Financial Corporation 000 Xxxxxxx Xxxxxx Xxx Xxxxxxxxx, Inc. 0000 000xx Xxxxx XX, Xxxxx 000 Xxxxxxx, Xxxxxxxxxx XX 00000 Attention: Chief Financial Officer Treasurer Fax Number: (415) All communications intended for the Trustee shall be sent to: The Bank of New York 000 Xxxxxxx Xxxxxx, Floor 21W New York, NY 10286 Attention: Corporate Trust Department Fax Number: (000) 000-0000 or at any other address of which any of the foregoing shall have notified the others in any manner prescribed in this Section 13.0213.2. For all purposes of this Subordinated Indenture, a notice or communication will be deemed effective: (a) if delivered by hand or sent by overnight courier, on the day it is delivered unless (i) that day is not a Business Day in the city specified (a "Local Business Day") in the address for notice provided by the recipient or (ii) if delivered after the close of business on a Local Business Day, then on the next succeeding Local Business Day orDay, (b) if sent by facsimile transmission, on the date transmitted, provided that oral or written confirmation of receipt is obtained by the sender unless the date of transmission and confirmation is not a Local Business Day, in which case, on the next succeeding Local Business Day. Any notice, direction, requiresrequest, demand, consent or waiver by the CompanyCorporation, any Subordinated Securityholder to or upon the Trustee shall be deemed to have been sufficiently given, made or filed, for all purposes, if given, made or filed in writing at the Principal Office of the Trustee in accordance with the provisions of this Section 13.0213.2. Any notice, request, consent or waiver by the Company Corporation or the Trustee upon the Depository shall have been sufficiently given, made or filed, for all purposes, if give given or made in accordance with the provisions of this Section 13.02 13.2 at the address shown for such Depository in the Register or at such other address as the Depository shall have provided for purposes of notice.

Appears in 1 contract

Samples: Subordinated Indenture (Providian Financing Iv)

Notices; Effectiveness. Any notice or demand which by any provision of this Subordinated Indenture is required or permitted to be given or served by the Trustee or by the Holders of Subordinated Securities to or on the Company, or by the Company or by the Holders of Subordinated Securities to the Trustee or upon the Depository by the Company or the Trustee may be electronically communicated or hand delivered or sent by overnight courier, addressed to the relevant party as provided in this Section 13.02. All communications intended for the Company shall be sent to: OncoGenex PharmaceuticalsMeru Networks, Inc. 0000 000xx 000 Xxxx Xxxxx XXSunnyvale, Xxxxx 000 Xxxxxxx, Xxxxxxxxxx 00000 California 94089 Attention: Chief Financial Officer General Counsel All communications intended for the Trustee shall be sent to: [Name Trustee] [Address] [City, State, Zip Code] [Attention: ] or at any other address of which any of the foregoing shall have notified the others in any manner prescribed in this Section 13.02. For all purposes of this Subordinated Indenture, a notice or communication will be deemed effective: (a) if delivered by hand or sent by overnight courier, on the day it is delivered unless (i) that day is not a Business Day in the city specified (a “Local Business Day”) in the address for notice provided by the recipient or (ii) if delivered after the close of business on a Local Business Day, then on the next succeeding Local Business Day or (b) if sent by facsimile transmission, on the date transmitted, provided that oral or written confirmation of receipt is obtained by the sender unless the date of transmission and confirmation is not a Local Business Day, in which case, on the next succeeding Local Business Day. Any notice, direction, requires, demand, consent or waiver by the Company, any Subordinated Securityholder to or upon the Trustee shall be deemed to have been sufficiently given, made or filed, for all purposes, if given, made or filed in writing at the Principal Office of the Trustee in accordance with the provisions of this Section 13.02. Any notice, request, consent or waiver by the Company or the Trustee upon the Depository shall have been sufficiently given, made or filed, for all purposes, if give or made in accordance with the provisions of this Section 13.02 at the address shown for such Depository in the Register or at such other address as the Depository shall have provided for purposes of notice.

Appears in 1 contract

Samples: Senior Indenture (Meru Networks Inc)

Notices; Effectiveness. Any notice or demand which by any provision of this Subordinated Indenture is required or permitted to be given or served by the Trustee or by the Holders of Subordinated Securities to or on the Company, or by the Company or by the Holders of Subordinated Securities to the Trustee or upon the Depository by the Company or the Trustee may be electronically communicated or hand delivered or sent by overnight courier, addressed to the relevant party as provided in this Section 13.02. All communications intended for the Company shall be sent to: OncoGenex PharmaceuticalsMeru Networks, Inc. 0000 000xx 000 Xxxx Xxxxx XXSunnyvale, Xxxxx 000 Xxxxxxx, Xxxxxxxxxx 00000 California 94089 Attention: Chief Financial Officer General Counsel All communications intended for the Trustee shall be sent to: [Name Trustee] [Address] [City, State, Zip Code] [Attention: ] or at any other address of which any of the foregoing shall have notified the others in any manner prescribed in this Section 13.02. For all purposes of this Subordinated Indenture, a notice or communication will be deemed effective: (a) if delivered by hand or sent by overnight courier, on the day it is delivered unless (i) that day is not a Business Day in the city specified (a “Local Business Day”) in the address for notice provided by the recipient or (ii) if delivered after the close of business on a Local Business Day, then on the next succeeding Local Business Day or (b) if sent by facsimile transmission, on the date transmitted, provided that oral or written confirmation of receipt is obtained by the sender unless the date of transmission and confirmation is not a Local Business Day, in which case, on the next succeeding Local Business Day. Any notice, direction, requires, demand, consent or waiver by the Company, any Subordinated Securityholder to or upon the Trustee shall be deemed to have been sufficiently given, made or filed, for all purposes, if given, made or filed in writing at the Principal Office of the Trustee in accordance with the provisions of this Section 13.02. Any notice, request, consent or waiver by the Company or the Trustee upon the Depository shall have been sufficiently given, made or filed, for all purposes, if give or made in accordance with the provisions of this Section 13.02 at the address shown for such Depository in the Register or at such other address as the Depository shall have provided for purposes of notice.

Appears in 1 contract

Samples: Subordinated Indenture (Meru Networks Inc)

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Notices; Effectiveness. Any notice or demand which by any provision of this Subordinated Indenture is required or permitted to be given or served by the Trustee or by the Holders of Subordinated Securities to or on the Company, or by the Company or by the Holders of Subordinated Securities to the Trustee or upon the Depository by the Company or the Trustee may be electronically communicated or hand delivered or sent by overnight courier, addressed to the relevant party as provided in this Section 13.02. All communications intended for the Company shall be sent to: OncoGenex PharmaceuticalsTransmeta Corporation 0000 Xxxxxxx Xxxxxx Xxxxx Xxxxx, Inc. 0000 000xx Xxxxx XX, Xxxxx 000 Xxxxxxx, Xxxxxxxxxx XX 00000 Attention: Chief Financial Officer General Counsel All communications intended for the Trustee shall be sent to: U.S. Bank National Association 000 Xxxxx Xxxx Xxxxxx, 0xx Xxxxx Xxx Xxxxxxx, XX 00000 Attention: Corporate Trust Services (Transmeta Corporation Subordinated Indenture dated as of _____________, 2003) or at any other address of which any of the foregoing shall have notified the others in any manner prescribed in this Section 13.02. For all purposes of this Subordinated Indenture, a notice or communication will be deemed effective: (a) if delivered by hand or sent by overnight courier, on the day it is delivered unless (i) that day is not a Business Day in the city specified (a "Local Business Day") in the address for notice provided by the recipient or (ii) if delivered after the close of business on a Local Business Day, then on the next succeeding Local Business Day or (b) if sent by facsimile transmission, on the date transmitted, provided that oral or written confirmation of receipt is obtained by the sender unless the date of transmission and confirmation is not a Local Business Day, in which case, on the next succeeding Local Business Day. Any notice, direction, requires, demand, consent or waiver by the Company, any Subordinated Securityholder to or upon the Trustee shall be deemed to have been sufficiently given, made or filed, for all purposes, if given, made or filed in writing at the Principal Office of the Trustee in accordance with the provisions of this Section 13.02. Any notice, request, consent or waiver by the Company or the Trustee upon the Depository shall have been sufficiently given, made or filed, for all purposes, if give or made in accordance with the provisions of this Section 13.02 at the address shown for such Depository in the Register or at such other address as the Depository shall have provided for purposes of notice.

Appears in 1 contract

Samples: Subordinated Indenture (Transmeta Corp)

Notices; Effectiveness. Any notice or demand which by any ---------------------- provision of this Subordinated Indenture is required or permitted to be given or served by the Trustee or by the Holders of Subordinated Securities to or on the Company, or by the Company or by the Holders of Subordinated Securities to the Trustee or upon the Depository by the Company or the Trustee may be electronically communicated or hand delivered or sent by overnight courier, addressed to the relevant party as provided in this Section 13.02. All communications intended for the Company shall be sent to: OncoGenex PharmaceuticalsExodus Communications, Inc. 0000 000xx Xxxxxxx Xxxxxxx Xxxxxxxxx Xxxxx XXXxxxx, Xxxxx 000 Xxxxxxx, Xxxxxxxxxx XX 00000 Attention: Chief Financial Officer General Counsel Fax Number: (000) 000-0000 All communications intended for the Trustee shall be sent to: Chase Manhattan Bank and Trust Company, National Association 000 Xxxxxxxxxx Xxxxxx, Xxxxx 0000 Xxx Xxxxxxxxx, XX 00000 Attention: Xxxxx Xxxxx Fax Number: (000) 000-0000 or at any other address of which any of the foregoing shall have notified the others in any manner prescribed in this Section 13.02. For all purposes of this Subordinated Indenture, a notice or communication will be deemed effective: (a) if delivered by hand or sent by overnight courier, on the day it is delivered unless (i) that day is not a Business Day in the city specified (a "Local Business Day") in the address for notice provided by the recipient or (ii) if delivered after the close of business on a Local Business Day, then on the next succeeding Local Business Day or (b) if sent by facsimile transmission, on the date transmitted, provided that oral or written confirmation of receipt is obtained by the sender unless the date of transmission and confirmation is not a Local Business Day, in which case, on the next succeeding Local Business Day. Any notice, direction, requires, demand, consent or waiver by the Company, any Subordinated Securityholder to or upon the Trustee shall be deemed to have been sufficiently given, made or filed, for all purposes, if given, made or filed in writing at the Principal Office of the Trustee in accordance with the provisions of this Section 13.02. Any notice, request, consent or waiver by the Company or the Trustee upon the Depository shall have been sufficiently given, made or filed, for all purposes, if give or made in accordance with the provisions of this Section 13.02 at the address shown for such Depository in the Register or at such other address as the Depository shall have provided for purposes of notice.

Appears in 1 contract

Samples: Subordinated Indenture (Exodus Communications Inc)

Notices; Effectiveness. Any notice or demand which by any provision of this Subordinated Indenture is required or permitted to be given or served by the Trustee or by the Holders of Subordinated Securities to or on the Company, or by the Company or by the Holders of Subordinated Securities to the Trustee or upon the Depository by the Company or the Trustee may be electronically communicated or hand delivered or sent by overnight courier, addressed to the relevant party as provided in this Section 13.02. All communications intended for the Company shall be sent to: OncoGenex PharmaceuticalsAchieve Life Sciences, Inc. 0000 000xx Xxxxx XX1000 X. Xxxxxxxx, Xxxxx 000 XxxxxxxXxxxxxxxx, Xxxxxxxxxx 00000 Xxxxxxx Xxxxxxxx, X0X 0X0 Attention: Chief Financial Officer All communications intended for the Trustee shall be sent to: Attention: or at any other address of which any of the foregoing shall have notified the others in any manner prescribed in this Section 13.02. For all purposes of this Subordinated Indenture, a notice or communication will be deemed effective: (a) if delivered by hand or sent by overnight courier, on the day it is delivered unless (i) that day is not a Business Day in the city specified (a “Local Business Day”) in the address for notice provided by the recipient or (ii) if delivered after the close of business on a Local Business Day, then on the next succeeding Local Business Day or (b) if sent by facsimile transmission, on the date transmitted, provided that oral or written confirmation of receipt is obtained by the sender unless the date of transmission and confirmation is not a Local Business Day, in which case, on the next succeeding Local Business Day. Any notice, direction, requires, demand, consent or waiver by the Company, any Subordinated Securityholder to or upon the Trustee shall be deemed to have been sufficiently given, made or filed, for all purposes, if given, made or filed in writing at the Principal Office of the Trustee in accordance with the provisions of this Section 13.02. Any notice, request, consent or waiver by the Company or the Trustee upon the Depository shall have been sufficiently given, made or filed, for all purposes, if give or made in accordance with the provisions of this Section 13.02 at the address shown for such Depository in the Register or at such other address as the Depository shall have provided for purposes of notice.

Appears in 1 contract

Samples: Senior Indenture (Achieve Life Sciences, Inc.)

Notices; Effectiveness. Any notice or demand which by any provision of this Subordinated Indenture is required or permitted to be given or served by the Trustee or by the Holders of Subordinated Securities to or on the Company, or by the Company or by the Holders of Subordinated Securities to the Trustee or upon the Depository by the Company or the Trustee may be electronically communicated or hand delivered or sent by overnight courier, addressed to the relevant party as provided in this Section 13.02. All communications intended for the Company shall be sent to: OncoGenex PharmaceuticalsCovad Communications Group, Inc. 0000 000xx Xxxxx XX100 Xxx Xxxxxx Xxx Jose, Xxxxx 000 Xxxxxxx, Xxxxxxxxxx 00000 California 95134 Attention: Chief Financial Officer General Counsel All communications intended for the Trustee shall be sent to: U.S. Bank National Association 600 Xxxx Xxxxx Xxxxxx, 00xx Xxxxx Xxx Xxxxxxx, XX 00000 Attention: Corporate Trust Services (Covad Communications Group, Inc. Subordinated Indenture dated as of ___, 2005) or at any other address of which any of the foregoing shall have notified the others in any manner prescribed in this Section 13.02. For all purposes of this Subordinated Indenture, a notice or communication will be deemed effective: (a) if delivered by hand or sent by overnight courier, on the day it is delivered unless (i) that day is not a Business Day in the city specified (a “Local Business Day”) in the address for notice provided by the recipient or (ii) if delivered after the close of business on a Local Business Day, then on the next succeeding Local Business Day or (b) if sent by facsimile transmission, on the date transmitted, provided that oral or written confirmation of receipt is obtained by the sender unless the date of transmission and confirmation is not a Local Business Day, in which case, on the next succeeding Local Business Day. Any notice, direction, requires, demand, consent or waiver by the Company, any Subordinated Securityholder to or upon the Trustee shall be deemed to have been sufficiently given, made or filed, for all purposes, if given, made or filed in writing at the Principal Office of the Trustee in accordance with the provisions of this Section 13.02. Any notice, request, consent or waiver by the Company or the Trustee upon the Depository shall have been sufficiently given, made or filed, for all purposes, if give or made in accordance with the provisions of this Section 13.02 at the address shown for such Depository in the Register or at such other address as the Depository shall have provided for purposes of notice.

Appears in 1 contract

Samples: Subordinated Indenture (Covad Communications Group Inc)

Notices; Effectiveness. Any notice or demand which by any provision of this Subordinated Indenture is required or permitted to be given or served by the Trustee or by the Holders of Subordinated Securities to or on the Company, or by the Company or by the Holders of Subordinated Securities to the Trustee or upon the Depository by the Company or the Trustee may be electronically communicated or hand delivered or sent by overnight courier, addressed to the relevant party as provided in this Section 13.02. All communications intended for the Company shall be sent to: OncoGenex PharmaceuticalsFlextronics International Ltd. 36 Robinson Road, Inc. 0000 000xx Xxxxx XX, Xxxxx 000 Xxxxxxx, Xxxxxxxxxx 00000 #18-01 City House Xxxxxxxxx 068877 Attention: Chief Financial Officer General Counsel Fax Number: (65) 654 31 8888 All communications intended for the Trustee shall be sent Trustex xxxxx xx xxxx to: AttentionState Street Bank and Trust Company of California, N.A. 633 West 5th Street, 12th Floor Los Xxxxxxx, XX 00000 Xxxxxxxxx: Xxxxxxxxx Xxxxx Xxxxxxxxration (Flextronics International Ltd. Subordinated Securities) Fax Number: (213) 362-7357 or at any other address of which any of the foregoing shall have foregoixx xxxxx xxxx notified the others in any manner prescribed in this Section 13.02. For all purposes of this Subordinated Indenture, a notice or communication will be deemed effective: (a) if delivered by hand or sent by overnight courier, on the day it is delivered unless (i) that day is not a Business Day in the city specified (a "Local Business Day") in the address for notice provided by the recipient or (ii) if delivered after the close of business on a Local Business Day, then on the next succeeding Local Business Day or (b) if sent by facsimile transmission, on the date transmitted, provided that oral or written confirmation of receipt is obtained by the sender unless the date of transmission and confirmation is not a Local Business Day, in which case, on the next succeeding Local Business Day. Any notice, direction, requires, demand, consent or waiver by the Company, any Subordinated Securityholder to or upon the Trustee shall be deemed to have been sufficiently given, made or filed, for all purposes, if given, made or filed in writing at the Principal Office of the Trustee in accordance with the provisions of this Section 13.02. Any notice, request, consent or waiver by the Company or the Trustee upon the Depository shall have been sufficiently given, made or filed, for all purposes, if give or made in accordance with the provisions of this Section 13.02 at the address shown for such Depository in the Register or at such other address as the Depository shall have provided for purposes of notice.

Appears in 1 contract

Samples: Subordinated Indenture (Flextronics International LTD)

Notices; Effectiveness. Any notice or demand which by any provision of this Subordinated Indenture is Communication required or permitted to shall be given or served by the Trustee or by the Holders of Subordinated Securities to or on the Company, or by the Company or by the Holders of Subordinated Securities to the Trustee or upon the Depository by the Company or the Trustee may be electronically communicated or hand delivered or sent by overnight courier, in writing addressed to the relevant respective party as provided in this Section 13.02. All communications intended for set forth below and may be personally served by e-mail, telecopier transmission (other than with respect to Communications between Agent and the Company shall be sent to: OncoGenex PharmaceuticalsLenders), Inc. 0000 000xx Xxxxx XX, Xxxxx 000 Xxxxxxx, Xxxxxxxxxx 00000 Attention: Chief Financial Officer All communications intended for the Trustee shall be sent to: Attention: by United States certified or at any other address of which any of the foregoing shall have notified the others in any manner prescribed in this Section 13.02. For all purposes of this Subordinated Indenture, registered mail or by a notice or communication will be deemed effective: (a) if delivered by hand or sent by nationally-recognized overnight courier, on the day it is delivered unless (i) that day is not a Business Day in the city specified (a “Local Business Day”) in the address for notice provided by the recipient or (ii) if delivered after the close of business on a Local Business Day, then on the next succeeding Local Business Day or (b) if sent by facsimile transmission, on the date transmitted, provided that oral or written confirmation of receipt is obtained by the sender unless the date of transmission and confirmation is not a Local Business Day, in which case, on the next succeeding Local Business Day. Any notice, direction, requires, demand, consent or waiver by the Company, any Subordinated Securityholder to or upon the Trustee A Communication shall be deemed to have been sufficiently given, made or filed, for all purposes: (i) upon receipt, if givendelivered in person; (ii) upon receipt (confirmed by automatic answer back or like evidence of receipt), if sent by telecopier during normal business hours at the office of the recipient on the date of transmission if transmitted on a Business Day before 3:00 p.m. Chicago Time; (iii) upon receipt (confirmed by express acknowledgment of receipt by the intended addressee (expressly excluding any automatic reply e-mail or similar response)), if sent by e-mail during normal business hours at the office of the recipient on the date of transmission if transmitted on a Business Day before 3:00 p.m. Chicago Time; (iv) one (1) Business Day after delivery to the courier properly addressed, if delivered by overnight courier; or (v) four (4) Business Days after deposit with postage prepaid and properly addressed, if delivered by United States certified or registered mail. In any such case, such Communication to any party shall, if made or filed in writing, be made to the address of such party indicated below for receiving Communications in writing at and, if made by telecopier, shall be made to such Fax number as indicated below. Any party may from time to time change its address for receiving Communications in writing, or its Fax number, by sending a notice to the Principal Office of other parties hereto in writing. While the Trustee parties may communicate by electronic means to the electronic addresses set forth below, no Communication shall be deemed given unless and until the same is deemed given in accordance with the provisions of first paragraph in this Section 13.029.3. Any If to Borrower Representative or any other Credit Party: 00000 Xxxxxxxxxxx Xxx, Xxxxx X Xxxxxxxx, Xxxxxxxxxx 00000 ATTN: Chief Financial Officer Fax: (000) 000-0000 Electronic address: Xxxxxx.Xxxxxxxxxx@Xxxxxxxx.xxx With copies to (which shall not constitute notice): Green Plains, requestInc. 000 Xxxxxxx Xxxxxxx, consent or waiver by the Company or the Trustee upon the Depository Xxxxx 000 Xxxxx, Xxxxxxxx ATTN: Xxxxxxxx Xxxxx Fax: (000) 000-0000 Electronic address: xxxxxxxx.xxxxx@xxxxxxx.xxx If to Agent: Maranon Capital, L.P. 000 Xxxx Xxxxxxx Xxxxxx, Xxxxx 0000 Xxxxxxx, Xxxxxxxx 00000 ATTN: Chief Financial Officer Phone: (000) 000-0000 Fax: (000) 000-0000 With a copy to (which shall have been sufficiently givennot constitute notice): Xxxxxx Xxxxxx Xxxxxxxx LLP 000 Xxxx Xxxxxx Xxxxxx Xxxxxxx, made or filedXX 00000 ATTN: Xxxxxxx X. Xxxxxxxx Fax: (000) 000-0000 Electronic address: xxxxxxx.xxxxxxxx@xxxxxxxxx.xxx and Cortland Capital Markets Services LLC 000 X. Xxxxxxxxxx Street, for all purposes21st floor Chicago, if give or made in accordance with the provisions of this Section 13.02 at Illinois 60606 ATTN: Agency Services – Maranon Phone: (000) 000-0000 Fax: (000) 000-0000 Electronic address: xxxxx.xxxxxxxxxx@xxxxxxxxxxxxxx.xxx and xxxxx@xxxxxxxxxxxxxx.xxx If to a Lender: To the address shown for such Depository on file with Agent or set forth in the Register or at such other address as the Depository shall have provided for purposes of notice.applicable Assignment Agreement

Appears in 1 contract

Samples: Credit Agreement (Green Plains Inc.)

Notices; Effectiveness. Any notice or demand which by any provision of this Subordinated Indenture is required or permitted to be given or served by the Trustee or by the Holders of Subordinated Securities to or on the Company, or by the Company or by the Holders of Subordinated Securities to the Trustee or upon the Depository by the Company or the Trustee may be electronically communicated or hand delivered or sent by overnight courier, addressed to the relevant party as provided in this Section 13.02. All communications intended for the Company shall be sent to: OncoGenex PharmaceuticalsCovad Communications Group, Inc. 0000 000xx Xxxxx XX100 Xxx Xxxxxx Xxx Jose, Xxxxx 000 Xxxxxxx, Xxxxxxxxxx 00000 California 95134 Attention: Chief Financial Officer General Counsel All communications intended for the Trustee shall be sent to: U.S. Bank National Association 600 Xxxx Xxxxx Xxxxxx, 00xx Xxxxx Xxx Xxxxxxx, XX 00000 Attention: Corporate Trust Services (Covad Communications Group, Inc. Senior Indenture dated as of _____________, 2005) or at any other address of which any of the foregoing shall have notified the others in any manner prescribed in this Section 13.02. For all purposes of this Subordinated Indenture, a notice or communication will be deemed effective: (a) if delivered by hand or sent by overnight courier, on the day it is delivered unless (i) that day is not a Business Day in the city specified (a “Local Business Day”) in the address for notice provided by the recipient or (ii) if delivered after the close of business on a Local Business Day, then on the next succeeding Local Business Day or (b) if sent by facsimile transmission, on the date transmitted, provided that oral or written confirmation of receipt is obtained by the sender unless the date of transmission and confirmation is not a Local Business Day, in which case, on the next succeeding Local Business Day. Any notice, direction, requires, demand, consent or waiver by the Company, any Subordinated Securityholder to or upon the Trustee shall be deemed to have been sufficiently given, made or filed, for all purposes, if given, made or filed in writing at the Principal Office of the Trustee in accordance with the provisions of this Section 13.02. Any notice, request, consent or waiver by the Company or the Trustee upon the Depository shall have been sufficiently given, made or filed, for all purposes, if give or made in accordance with the provisions of this Section 13.02 at the address shown for such Depository in the Register or at such other address as the Depository shall have provided for purposes of notice.

Appears in 1 contract

Samples: Senior Indenture (Covad Communications Group Inc)

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