Common use of Notices, etc. to Trustee and Issuer Clause in Contracts

Notices, etc. to Trustee and Issuer. Any request, demand, authorization, direction, notice, consent, waiver or Act of Holders or other document provided or permitted by this Indenture to be made upon, given or furnished to, or filed with, (1) the Trustee by any Holder or by the Issuer shall be sufficient for every purpose hereunder if made, given, furnished or filed in writing to or with the Trustee at its corporate trust office, Attention: Corporate Trust, or (2) the Issuer by the Trustee or by any Holder shall be sufficient for every purpose hereunder (unless otherwise herein expressly provided) if in writing and mailed, first-class postage prepaid, to the Issuer addressed to it at the following address of its principal office: 000 Xxxxx Xxxxxx, Xxxxx 0000, Xxxxxxx, Xxxxx 00000, Attention: Xxxxx X. Xxxxx and Xxxxx X. Xxxx, or at any other address previously furnished in writing to the Trustee by the Issuer. The Trustee agrees to accept and act upon instructions or directions pursuant to this Indenture sent by unsecured e-mail, facsimile transmission or other similar unsecured electronic methods; provided, however, that (a) the party providing such electronic instructions or directions, subsequent to the transmission thereof, shall provide the originally executed instructions or directions to the Trustee in a timely manner and (b) such originally executed instructions or directions shall be signed by an authorized representative of the party providing such instructions or directions. 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 or directions notwithstanding such instructions or directions conflict or are inconsistent with a subsequent written instruction or direction or if the subsequent written instruction or direction is never received. The party providing instructions or directions by unsecured e-mail, facsimile transmission or other similar unsecured electronic methods, as aforesaid, agrees to assume all risks arising out of the use of such electronic methods to submit 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 by third parties.

Notices, etc. to Trustee and Issuer. Any request, demand, authorization, direction, notice, consent, waiver or Act of Holders or other document documents provided or permitted by this Indenture to be made upon, given or furnished to, or filed with, , (1a) the Trustee by any Holder or by the Issuer or any Guarantor shall be sufficient for every purpose hereunder if made, given, furnished or filed in writing to or with the Trustee at its corporate trust officeCorporate Trust Office, Attention: Corporate TrustTrust Administration, or or (2b) the Issuer or any Guarantor by the Trustee or by any Holder shall be sufficient for every purpose hereunder (unless otherwise herein expressly provided) if in writing and mailed, first-class postage prepaid, or overnight courier guaranteeing next day delivery, to the Issuer or any Guarantor addressed to it at the following address of its principal office: 000 Xxxxx Xxxxxx, Xxxxx 0000, Xxxxxxx, Xxxxx 00000office specified in the first paragraph of this instrument, Attention: Xxxxx X. Xxxxx and Xxxxx X. XxxxGeneral Counsel, or at any other address previously furnished in writing to the Trustee by the IssuerIssuer or any Guarantor. The Trustee agrees to accept and act upon instructions or directions pursuant to this Indenture sent by unsecured e-mail, facsimile transmission or other similar unsecured electronic methods; provided, however, that (a) the party providing such electronic instructions or directions, subsequent to the transmission thereof, shall provide the originally executed instructions or directions to the Trustee in a timely manner and (b) such originally executed instructions or directions shall be signed by an authorized representative of the party providing such instructions or directions. 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 or directions notwithstanding such instructions or directions conflict or are inconsistent with a subsequent written instruction or direction or if the subsequent written instruction or direction is never received. The party providing instructions or directions by unsecured e-mail, facsimile transmission or other similar unsecured electronic methods, as aforesaid, agrees to assume all risks arising out of the use of such electronic methods to submit 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 by third parties.

Notices, etc. to Trustee and Issuer. Any request, demand, authorization, direction, notice, consent, waiver or Act of the Holders or other document provided or permitted by this Indenture to be made upon, given or furnished to, or filed with, , (1) the Trustee by any Holder or by the Issuer shall be sufficient for every purpose hereunder if made, given, furnished or filed in writing to or with the Trustee at its corporate trust officeCorporate Trust Office, Attentionattention: Corporate TrustTrust Department, and, unless otherwise herein expressly provided, any such document shall be deemed to be sufficiently made, given, furnished or filed upon its receipt by a Responsible Officer of the Trustee, or (2) the Issuer by the Trustee or by any Holder shall be sufficient for every purpose hereunder (unless otherwise herein expressly provided) if in writing and mailed, first-class postage prepaid, or overnight air courier guaranteeing next day delivery, to the Issuer addressed to it at the following address of its principal officeat: 000 Xxxxx Xxxxxx, Xxxxx 0000, c/o Xxxxxx X. Xxxxxxxxx & Co. 0000 Xxxx Xxxx Xxxxxxx Xxxxxxx, Xxxxx Xxxxxxxx 00000, -0000 Attention: Xxxxx X. Xxxxx and Xxxxx X. Xxxx, General Counsel or at any other address or addresses previously furnished in writing to the Trustee by the Issuer. The Issuer agrees that the Trustee agrees shall have the right to accept and act upon instructions, including funds transfer instructions or directions (“Instructions”) given pursuant to this Indenture sent by unsecured e-mail, facsimile transmission or other similar unsecured electronic methodsand delivered using Electronic Means; provided, however, that (a) the party providing such electronic instructions or directions, subsequent to the transmission thereof, Issuer shall provide the originally executed instructions or directions to the Trustee in a timely manner an incumbency certificate listing officers with the authority and designated to provide such Instructions (b“Authorized Officers”) and containing specimen signatures of such originally executed instructions or directions Authorized Officers, which incumbency certificate shall be signed amended by the Issuer whenever a person is to be added or deleted from the listing. If the Issuer elects to give the Trustee Instructions using Electronic Means and the Trustee in its reasonable discretion elects to act upon such Instructions, the Trustee’s understanding of such Instructions shall be deemed controlling. The Issuer understands and agrees that the Trustee cannot determine the identity of the actual sender of such Instructions and that the Trustee shall conclusively presume that directions that purport to have been sent by an authorized representative Authorized Officer listed on the incumbency certificate provided to the Trustee have been sent by such Authorized Officer. The Issuer shall be responsible for ensuring that only Authorized Officers transmit such Instructions to the Trustee and that the Issuer and all Authorized Officers are solely responsible to safeguard the use and confidentiality of applicable user and authorization codes, passwords and/or authentication keys upon receipt by the party providing such instructions or directionsIssuer. The Trustee shall not be liable for any losses, costs or expenses arising directly or indirectly from the Trustee’s its reliance upon and compliance with such instructions or directions Instructions notwithstanding such instructions or directions conflict or are inconsistent with a subsequent written instruction or direction or if the subsequent written instruction or direction is never receivedinstruction. The party providing instructions or directions by unsecured e-mail, facsimile transmission or other similar unsecured electronic methods, as aforesaid, agrees Issuer agrees: (i) to assume all risks arising out of the use of such electronic methods Electronic Means to submit instructions and directions Instructions to the Trustee, including without limitation the risk of the Trustee acting on unauthorized instructionsInstructions, and the risk of interception and misuse by third parties; (ii) that it is fully informed of the protections and risks associated with the various methods of transmitting Instructions to the Trustee and that there may be more secure methods of transmitting Instructions than the method(s) selected by the Issuer; (iii) that the security procedures (if any) to be followed in connection with its transmission of Instructions provide to it a commercially reasonable degree of protection in light of its particular needs and circumstances; and (iv) to notify the Trustee immediately upon learning of any compromise or unauthorized use of the security procedures.