Notices to Holders; Waiver. Where this Indenture provides for notice to Holders of any event, such notice shall be sufficiently given (unless otherwise herein expressly provided) if in writing and mailed, first-class, postage prepaid to each Holder affected by such event, at such Holder’s address as it appears on the Storm Recovery Bond Register, not later than the latest date, and not earlier than the earliest date, prescribed for the giving of such notice. In any case where notice to Holders is given by mail, neither the failure to mail such notice nor any defect in any notice so mailed to any particular Holder shall affect the sufficiency of such notice with respect to other Holders, and any notice that is mailed in the manner herein provided shall conclusively be presumed to have been duly given. 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 Holders shall be filed with the Indenture Trustee, but such filing shall not be a condition precedent to the validity of any action taken in reliance upon such a waiver. In case, by reason of the suspension of regular mail service as a result of a strike, work stoppage or similar activity, it shall be impractical to mail notice of any event of Holders 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 Indenture Trustee shall be deemed to be a sufficient giving of such notice. Where this Indenture provides for notice to the Rating Agencies, failure to give such notice shall not affect any other rights or obligations created hereunder and shall not under any circumstance constitute a Default or Event of Default.
Appears in 12 contracts
Samples: Indenture (Duke Energy Progress SC Storm Funding LLC), Indenture (Duke Energy Progress SC Storm Funding LLC), Indenture (Duke Energy Progress SC Storm Funding LLC)
Notices to Holders; Waiver. Where this Indenture provides for notice to Holders of any event, such notice shall be sufficiently given (unless otherwise herein expressly provided) if in writing and mailed, first-class, postage prepaid to each Holder affected by such event, at such Holder’s 's address as it appears on the Storm Recovery Bond Note Register, not later than the latest date, and not earlier than the earliest date, prescribed for the giving of such notice. In any case where notice to Holders is given by mail, neither the failure to mail such notice nor any defect in any notice so mailed to any particular Holder shall affect the sufficiency of such notice with respect to other Holders, and any notice that is mailed in the manner herein provided shall conclusively be presumed to have been duly given. 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 Holders shall be filed with the Indenture Trustee, Trustee but such filing shall not be a condition precedent to the validity of any action taken in reliance upon such a waiver. In case, by reason of the suspension of regular mail service as a result of a strike, work stoppage or similar activity, it shall be impractical to mail notice of any event of Holders 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 Indenture Trustee shall be deemed to be a sufficient giving of such notice. Where this Indenture provides for notice to the Rating Agencies, failure to give such notice shall not affect any other rights or obligations created hereunder hereunder, and shall not under any circumstance constitute a Default or Event of Default.
Appears in 9 contracts
Samples: Interest Original Principal (Central & South West Corp), Indenture (Illinois Power Securitization Limited Liability Co), Indenture (Comed Funding LLC)
Notices to Holders; Waiver. Where this Indenture provides for notice to Holders of any event, such notice shall be sufficiently given (unless otherwise herein expressly provided) if in writing and mailed, first-class, postage prepaid to each Holder affected by such event, at such Holder’s address as it appears on the Storm Recovery Securitization Bond Register, not later than the latest date, and not earlier than the earliest date, prescribed for the giving of such notice. In any case where notice to Holders is given by mail, neither the failure to mail such notice nor any defect in any notice so mailed to any particular Holder shall affect the sufficiency of such notice with respect to other Holders, and any notice that is mailed in the manner herein provided shall conclusively be presumed to have been duly given. 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 Holders shall be filed with the Indenture Trustee, but such filing shall not be a condition precedent to the validity of any action taken in reliance upon such a waiver. In case, by reason of the suspension of regular mail service as a result of a strike, work stoppage or similar activity, it shall be impractical to mail notice of any event of Holders 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 Indenture Trustee shall be deemed to be a sufficient giving of such notice. Where this Indenture provides for notice to the Rating Agencies, failure to give such notice shall not affect any other rights or obligations created hereunder and shall not under any circumstance constitute a Default or Event of Default.
Appears in 9 contracts
Samples: Indenture (Consumers 2023 Securitization Funding LLC), Indenture (Consumers 2023 Securitization Funding LLC), Indenture (Consumers 2023 Securitization Funding LLC)
Notices to Holders; Waiver. Where this Indenture provides for notice to Holders of any event, such notice shall be sufficiently given (unless otherwise herein expressly provided) if in writing and mailed, first-classfirst class postage prepaid, postage prepaid or by overnight air courier guaranteeing next day delivery, to each Holder affected by such event, at such Holder’s address as it appears on in the Storm Recovery Bond Note Register, not later than the latest date, and not earlier than the earliest date, prescribed for the giving of such notice. In any case where notice to Holders is given by mail, neither the failure to mail such notice notice, nor any defect in any notice so mailed mailed, to any particular Holder shall affect the sufficiency of such notice with respect to other Holders, and any notice that is mailed in the manner herein provided shall conclusively be presumed to have been duly given. Where this Indenture provides for notice in any manner, such notice may be waived in writing by any 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 Indenture Trustee, but such filing shall not be a condition precedent to the validity of any action taken in reliance upon such a waiver. In case, by reason of the suspension of regular mail service as a result service, or by reason of a strike, work stoppage or similar activityany other cause, it shall be impractical impossible to mail notice of any event of Holders when such notice is as required to be given pursuant to by any provision of this Indenture, then any manner of giving such notice notification as shall be satisfactory to made with the Indenture approval of the Trustee shall be deemed (such approval not to be unreasonably withheld) shall constitute a sufficient giving notification for every purpose hereunder. Notwithstanding any other provision of such notice. Where this Indenture or any Note, where this Indenture or any Note provides for notice of any event (including any notice of redemption) to the Rating Agenciesa Holder of a Global Note (whether by mail or otherwise), failure to give such notice shall not affect any other rights be sufficiently given if given to the Depositary for such Note (or obligations created hereunder and shall not under any circumstance constitute a Default or Event its designee) pursuant to the customary procedures of Defaultsuch Depositary.
Appears in 6 contracts
Samples: Indenture (Hd Supply, Inc.), Indenture (Hd Supply, Inc.), Intercreditor Agreement (LBM Holdings, LLC)
Notices to Holders; Waiver. Where this Indenture provides for notice to Holders of any event, such notice shall be sufficiently given (unless otherwise herein expressly provided) if in writing and mailed, first-class, postage prepaid to each Holder affected by such event, at such Holder’s address as it appears on the Storm Recovery Transition Bond Register, not later than the latest date, and not earlier than the earliest date, prescribed for the giving of such notice. In any case where notice to Holders is given by mail, neither the failure to mail such notice nor any defect in any notice so mailed to any particular Holder shall affect the sufficiency of such notice with respect to other Holders, and any notice that is mailed in the manner herein provided shall conclusively be presumed to have been duly given. 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 Holders shall be filed with the Indenture Trustee, Trustee but such filing shall not be a condition precedent to the validity of any action taken in reliance upon such a waiver. In case, by reason of the suspension of regular mail service as a result of a strike, work stoppage or similar activity, it shall be impractical to mail notice of any event of Holders 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 Indenture Trustee shall be deemed to be a sufficient giving of such notice. Where this Indenture provides for notice to the Rating Agencies, failure to give such notice shall not affect any other rights or obligations created hereunder hereunder, and shall not under any circumstance constitute a Default or Event of Default.
Appears in 6 contracts
Samples: Indenture (AEP Transition Funding III LLC), Indenture (AEP Transition Funding III LLC), Indenture (AEP Transition Funding III LLC)
Notices to Holders; Waiver. Where this Indenture provides for notice to Holders of any event, such notice shall be sufficiently given (unless otherwise herein expressly provided) if in writing and mailed, mailed by first-classclass mail, postage prepaid prepaid, to each Holder affected by such event, at such Holder’s address Holders as it appears their names and addresses appear on the Storm Recovery Bond Register, not later than Securities Register within the latest date, and not earlier than the earliest date, prescribed for the giving of such notice. In any case where notice to Holders is given by mail, neither the failure to mail such notice nor any defect in any notice so mailed to any particular Holder shall affect the sufficiency of such notice with respect to other Holders, and any notice that is mailed in the manner herein provided shall conclusively be presumed to have been duly giventime prescribed. Where this Indenture provides for notice in any manner, such notice may be waived in writing by any 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 Indenture Trustee, but such filing shall not be a condition precedent to the validity of any action taken in reliance upon on such a waiver. In caseany case where notice to Holders is given by mail, neither the failure to mail such notice, nor any defect in any notice so mailed to any particular Holder, shall affect the sufficiency of such notice with respect to other Holders, and any notice which is mailed in the manner herein provided shall be conclusively presumed to have been duly given. In the case by reason of the suspension of regular mail service as a result or by reason of a strike, work stoppage or similar activity, any other cause it shall be impractical impracticable to mail give such notice by mail, then such notification as shall be made with the approval of the Trustee shall constitute a sufficient notification for every purpose hereunder. In case by reason of the suspension of publication of any event Authorized Newspapers or by reason of any other cause it shall be impracticable to publish any notice to Holders when such notice is otherwise required to be given pursuant to any provision of or permitted under this Indenture, then any manner of giving such notice notification as shall be satisfactory to given with the Indenture approval of the Trustee shall be deemed to be a constitute sufficient giving of such notice. Where this Indenture provides for notice to the Rating Agencies, failure to give such notice shall not affect any other rights or obligations created hereunder and shall not under any circumstance constitute a Default or Event of DefaultHolders for every purpose hereunder.
Appears in 6 contracts
Samples: Platinum Underwriters Holdings LTD, Platinum Underwriters Holdings LTD, Quanta Capital Holdings LTD
Notices to Holders; Waiver. Where this Indenture provides for notice to Holders of any event, such notice shall be sufficiently given (unless otherwise herein expressly provided) if in writing and mailed, first-classclass postage prepaid, postage prepaid or by overnight air courier guaranteeing next day delivery, to each Holder affected by such event, at such Holder’s address as it appears on in the Storm Recovery Bond Note Register, not later than the latest date, and not earlier than the earliest date, prescribed for the giving of such notice. In any case where notice to Holders is given by mail, neither the failure to mail such notice notice, nor any defect in any notice so mailed mailed, to any particular Holder shall affect the sufficiency of such notice with respect to other Holders, and any notice that is mailed in the manner herein provided shall conclusively be presumed to have been duly given. Where this Indenture provides for notice in any manner, such notice may be waived in writing by any 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 Indenture Trustee, but such filing shall not be a condition precedent to the validity of any action taken in reliance upon such a waiver. In case, by reason of the suspension of regular mail service as a result service, or by reason of a strike, work stoppage or similar activityany other cause, it shall be impractical impossible to mail notice of any event of Holders when such notice is as required to be given pursuant to by any provision of this Indenture, then any manner of giving such notice notification as shall be satisfactory to made with the Indenture approval of the Trustee shall be deemed (such approval not to be unreasonably withheld) shall constitute a sufficient giving notification for every purpose hereunder. Notwithstanding any other provision of such notice. Where this Indenture or any Note, where this Indenture or any Note provides for notice of any event (including any notice of redemption) to the Rating Agenciesa Holder of a Global Note (whether by mail or otherwise), failure to give such notice shall not affect any other rights be sufficiently given if given to the Depositary for such Note (or obligations created hereunder and shall not under any circumstance constitute a Default or Event its designee) pursuant to the customary procedures of Defaultsuch Depositary.
Appears in 6 contracts
Samples: Intercreditor Agreement (Hd Supply, Inc.), Intercreditor Agreement (Unistrut International Holdings, LLC), Indenture (Unistrut International Holdings, LLC)
Notices to Holders; Waiver. Where this Indenture provides for notice to Holders of any event, such notice shall be sufficiently given (unless otherwise herein expressly provided) if in writing and mailed, first-class, postage prepaid prepaid, or otherwise delivered in accordance with DTC’s procedures, to each Holder affected by such event, at such Holder’s address as it appears on the Storm Recovery Securitized Utility Tariff Bond Register, not later than the latest date, and not earlier than the earliest date, prescribed for the giving of such notice. In any case where notice to Holders is given by mail, neither the failure to mail such notice nor any defect in any notice so mailed to any particular Holder shall affect the sufficiency of such notice with respect to other Holders, and any notice that is mailed in the manner herein provided shall conclusively be presumed to have been duly given. 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 Holders shall be filed with the Indenture Trustee, but such filing shall not be a condition precedent to the validity of any action taken in reliance upon such a waiver. In case, by reason of the suspension of regular mail service as a result of a strike, work stoppage or similar activity, it shall be impractical to mail notice of any event of Holders 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 Indenture Trustee shall be deemed to be a sufficient giving of such notice. Where this Indenture provides for notice to the Rating Agencies, failure to give such notice shall not affect any other rights or obligations created hereunder and shall not under any circumstance constitute a Default or Event of Default.
Appears in 6 contracts
Samples: Indenture (Atmos Energy Kansas Securitization I, LLC), Indenture (Kansas Gas Service Securitization I, L.L.C.), Indenture (Kansas Gas Service Securitization I, L.L.C.)
Notices to Holders; Waiver. Where this Indenture provides for notice to Holders of any event, such notice shall be sufficiently given (unless otherwise herein expressly provided) if in writing and mailed, first-class, postage prepaid to each Holder affected by such event, at such Holder’s address as it appears on the Storm Recovery Environmental Trust Bond Register, not later than the latest date, and not earlier than the earliest date, prescribed for the giving of such notice. In any case where notice to Holders is given by mail, neither the failure to mail such notice nor any defect in any notice so mailed to any particular Holder shall affect the sufficiency of such notice with respect to other Holders, and any notice that is mailed in the manner herein provided shall conclusively be presumed to have been duly given. 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 Holders shall be filed with the Indenture Trustee, but such filing shall not be a condition precedent to the validity of any action taken in reliance upon such a waiver. In case, by reason of the suspension of regular mail service as a result of a strike, work stoppage or similar activity, it shall be impractical to mail notice of any event of Holders 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 Indenture Trustee shall be deemed to be a sufficient giving of such notice. Where this Indenture provides for notice to the Rating Agencies, failure to give such notice shall not affect any other rights or obligations created hereunder and shall not under any circumstance constitute a Default or Event of Default.
Appears in 5 contracts
Samples: Indenture (WEPCo Environmental Trust Finance I, LLC), Indenture (WEPCo Environmental Trust Finance I, LLC), Indenture (WEPCo Environmental Trust Finance I, LLC)
Notices to Holders; Waiver. Where this Indenture or any Security provides for notice to Holders of any event, such notice shall be sufficiently given (unless otherwise herein or in such Security expressly provided) if in writing and mailed, first-first class, postage prepaid prepaid, to each Holder of Registered Securities affected by such event, at such the Holder’s 's address as it appears on in the Storm Recovery Bond Register, not later than the latest date, and not earlier than the earliest date, prescribed for the giving of such notice. In case by reason of the suspension of regular mail service or by reason of any other cause it shall be impracticable to give such notice to Holders of Registered Securities by mail, then such notification as shall be made at a time and in a manner approved by the Trustee shall constitute a sufficient notification for every purpose hereunder. In any case where notice to Holders of Registered Securities is given by mail, neither the failure to mail such notice notice, nor any defect in any notice so mailed mailed, to any particular Holder of Registered Securities shall affect the sufficiency of such notice with respect to other Holders, and any notice that is mailed in the manner herein provided shall conclusively be presumed to have been duly givenHolders of Registered Securities. Where this Indenture provides for notice in any manner, such notice may be waived in writing by any 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 Indenture Trustee, but such filing shall not be a condition precedent to the validity of any action taken in reliance upon such a waiver. In case, by reason of the suspension of regular mail service as a result of a strike, work stoppage or similar activity, it shall be impractical to mail notice of any event of Holders 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 Indenture Trustee shall be deemed to be a sufficient giving of such notice. Where this Indenture provides for notice to the Rating Agencies, failure to give such notice shall not affect any other rights or obligations created hereunder and shall not under any circumstance constitute a Default or Event of Default.
Appears in 4 contracts
Samples: Indenture (Wal Mart Stores Inc), Indenture (Wal Mart Stores Inc), Wal Mart Cayman Sterling Finance Co
Notices to Holders; Waiver. Where this Indenture provides for notice to Holders of any event, such notice shall be sufficiently given (unless otherwise herein expressly provided) if in writing and sent by facsimile transmission or mailed, first-classfirst class postage prepaid, postage prepaid to each Holder affected by such event, event at such Holder’s his address as it appears on in the Storm Recovery Bond Register, Senior Note Register not later than the latest date, date and not earlier than the earliest date, date prescribed for the giving of such notice. In any case where notice to Holders is given by mail, neither the failure to mail such notice notice, nor any defect in any notice so mailed mailed, to any particular Holder shall affect the sufficiency of such notice with respect to other Holders, and any . Any notice that is mailed when deposited for mailing to a Holder in the aforesaid manner herein provided shall conclusively be presumed to have been duly givenreceived by such Holder whether or not actually received by such Holder. Where this Indenture provides for notice in any manner, such notice may be waived in writing by any 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 Indenture Trustee, but such filing shall not be a condition precedent to the validity of any action taken in reliance upon such a waiver. In case, case by reason of the suspension of regular mail service as a result or by reason of a strike, work stoppage or similar activityany other cause, it shall be impractical impracticable to mail notice of any event of Holders when such notice is as required to be given pursuant to by any provision of this Indenture, then any manner method of giving such notice as shall be satisfactory to the Indenture Trustee shall be deemed to be a sufficient giving of such notice. Where this Indenture provides for notice to the Rating Agencies, failure to give such notice shall not affect any other rights or obligations created hereunder and shall not under any circumstance constitute a Default or Event of Default.
Appears in 4 contracts
Samples: Indenture (Sea Containers LTD /Ny/), Indenture (Sea Containers LTD /Ny/), Indenture (Sea Containers LTD /Ny/)
Notices to Holders; Waiver. Where this Indenture provides for notice to Holders of any event, such notice shall be sufficiently given (unless otherwise herein expressly provided) if in writing and mailed, first-class, postage prepaid prepaid, or otherwise delivered in accordance with DTC’s procedures, to each Holder affected by such event, at such Holder’s address as it appears on the Storm Recovery Energy Transition Bond Register, not later than the latest date, and not earlier than the earliest date, prescribed for the giving of such notice. In any case where notice to Holders is given by mail, neither the failure to mail such notice nor any defect in any notice so mailed to any particular Holder shall affect the sufficiency of such notice with respect to other Holders, and any notice that is mailed in the manner herein provided shall conclusively be presumed to have been duly given. 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 Holders shall be filed with the Indenture Trustee, but such filing shall not be a condition precedent to the validity of any action taken in reliance upon such a waiver. In case, by reason of the suspension of regular mail service as a result of a strike, work stoppage or similar activity, it shall be impractical to mail notice of any event of Holders 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 Indenture Trustee shall be deemed to be a sufficient giving of such notice. Where this Indenture provides for notice to the Rating Agencies, failure to give such notice shall not affect any other rights or obligations created hereunder and shall not under any circumstance constitute a Default or Event of Default.
Appears in 4 contracts
Samples: Intercreditor Agreement (PNM Energy Transition Bond Co I, LLC), Intercreditor Agreement (PNM Energy Transition Bond Co I, LLC), Intercreditor Agreement (PNM Energy Transition Bond Co I, LLC)
Notices to Holders; Waiver. Where this Indenture provides for notice to Holders of any event, such notice shall be sufficiently given (unless otherwise herein expressly provided) if in writing and mailed, first-class, postage prepaid to each Holder affected by such event, at such Holder’s address as it appears on the Storm Phase-In-Recovery Bond Register, not later than the latest date, and not earlier than the earliest date, prescribed for the giving of such notice. In any case where notice to Holders is given by mail, neither the failure to mail such notice nor any defect in any notice so mailed to any particular Holder shall affect the sufficiency of such notice with respect to other Holders, and any notice that is mailed in the manner herein provided shall conclusively be presumed to have been duly given. 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 Holders shall be filed with the Indenture Trustee, Trustee but such filing shall not be a condition precedent to the validity of any action taken in reliance upon such a waiver. In case, by reason of the suspension of regular mail service as a result of a strike, work stoppage or similar activity, it shall be impractical to mail notice of any event of Holders 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 Indenture Trustee shall be deemed to be a sufficient giving of such notice. Where this Indenture provides for notice to the Rating Agencies, failure to give such notice shall not affect any other rights or obligations created hereunder hereunder, and shall not under any circumstance constitute a Default or Event of Default.
Appears in 3 contracts
Samples: Indenture (Ohio Phase-in-Recovery Funding LLC), Indenture (Ohio Phase-in-Recovery Funding LLC), Ohio Phase (Ohio Phase-in-Recovery Funding LLC)
Notices to Holders; Waiver. Where this Indenture provides for notice to Holders of any event, such notice shall be sufficiently given (unless otherwise herein expressly provided) if in writing and mailed, first-class, postage prepaid to each Holder affected by such event, at such Holder’s address as it appears on the Storm Recovery System Restoration Bond Register, not later than the latest date, and not earlier than the earliest date, prescribed for the giving of such notice. In any case where notice to Holders is given by mail, neither the failure to mail such notice nor any defect in any notice so mailed to any particular Holder shall affect the sufficiency of such notice with respect to other Holders, and any notice that is mailed in the manner herein provided shall conclusively be presumed to have been duly given. 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 Holders shall be filed with the Indenture Trustee, Trustee but such filing shall not be a condition precedent to the validity of any action taken in reliance upon such a waiver. In case, by reason of the suspension of regular mail service as a result of a strike, work stoppage or similar activity, it shall be impractical to mail notice of any event of Holders 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 Indenture Trustee shall be deemed to be a sufficient giving of such notice. Where this Indenture provides for notice to the Rating Agencies, failure to give such notice shall not affect any other rights or obligations created hereunder hereunder, and shall not under any circumstance constitute a Default or Event of Default. Notwithstanding any other provision of this Indenture or any System Restoration Bond, where this Indenture or any System Restoration Bond provides for notice of any event or any other communication (including any notice of redemption or repurchase) to a holder of a Global System Restoration Bond (whether by mail or otherwise), such notice shall be sufficiently given if given to the Clearing Agency (or its designee) pursuant to the standing instructions from the Clearing Agency or its designee, including by electronic mail in accordance with accepted practices at the Clearing Agency.
Appears in 3 contracts
Samples: Indenture (Entergy Texas, Inc.), Indenture (Entergy Texas, Inc.), Indenture (Entergy Texas, Inc.)
Notices to Holders; Waiver. Where this Indenture provides for notice to Holders of any event, such notice shall be sufficiently given (unless otherwise herein expressly provided) if in writing and mailed, first-class, postage prepaid to each Holder affected by such event, at such Holder’s address as it appears on the Storm Recovery CRR Bond Register, not later than the latest date, and not earlier than the earliest date, prescribed for the giving of such notice. In any case where notice to Holders is given by mail, neither the failure to mail such notice nor any defect in any notice so mailed to any particular Holder shall affect the sufficiency of such notice with respect to other Holders, and any notice that is mailed in the manner herein provided shall conclusively be presumed to have been duly given. 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 Holders shall be filed with the Indenture Trustee, Trustee but such filing shall not be a condition precedent to the validity of any action taken in reliance upon such a waiver. In case, by reason of the suspension of regular mail service as a result of a strike, work stoppage or similar activity, it shall be impractical to mail notice of any event of Holders 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 Indenture Trustee shall be deemed to be a sufficient giving of such notice. Where this Indenture provides for notice to the Rating Agencies, failure to give such notice shall not affect any other rights or obligations created hereunder hereunder, and shall not under any circumstance constitute a Default or Event of Default.
Appears in 3 contracts
Samples: Intercreditor Agreement (Appalachian Consumer Rate Relief Funding LLC), Intercreditor Agreement (Appalachian Consumer Rate Relief Funding LLC), Intercreditor Agreement (Appalachian Consumer Rate Relief Funding LLC)
Notices to Holders; Waiver. Where this Indenture provides for notice to Holders of any event, such notice shall be sufficiently given (unless otherwise herein expressly provided) if in writing and mailed, first-class, postage prepaid to each Holder affected by such event, at such Holder’s 's address as it appears on the Storm Recovery Transition Bond Register, not later than the latest date, and not earlier than the earliest date, prescribed for the giving of such notice. In any case where notice to Holders is given by mail, neither the failure to mail such notice nor any defect in any notice so mailed to any particular Holder shall affect the sufficiency of such notice with respect to other Holders, and any notice that is mailed in the manner herein provided shall conclusively be presumed to have been duly given. 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 Holders shall be filed with the Indenture Trustee, Trustee but such filing shall not be a condition precedent to the validity of any action taken in reliance upon such a waiver. In case, by reason of the suspension of regular mail service as a result of a strike, work stoppage or similar activity, it shall be impractical to mail notice of any event of Holders 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 Indenture Trustee shall be deemed to be a sufficient giving of such notice. Where this Indenture provides for notice to the Rating Agencies, failure to give such notice shall not affect any other rights or obligations created hereunder hereunder, and shall not under any circumstance constitute a Default or Event of Default.
Appears in 3 contracts
Samples: Indenture (Entergy Gulf States Reconstruction Funding I, LLC), Indenture (Entergy Texas Restoration Funding, LLC), Indenture (Entergy Gulf States Reconstruction Funding I, LLC)
Notices to Holders; Waiver. Where this Indenture provides for notice to Holders of any event, such notice shall be sufficiently given (unless otherwise herein expressly provided) if in writing and mailed, first-class, postage prepaid prepaid, or otherwise delivered in accordance with DTC’s procedures, to each Holder affected by such event, at such Holder’s address as it appears on the Storm Recovery Bond Register, not later than the latest date, and not earlier than the earliest date, prescribed for the giving of such notice. In any case where notice to Holders is given by mail, neither the failure to mail such notice nor any defect in any notice so mailed to any particular Holder shall affect the sufficiency of such notice with respect to other Holders, and any notice that is mailed in the manner herein provided shall conclusively be presumed to have been duly given. 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 Holders shall be filed with the Indenture Trustee, but such filing shall not be a condition precedent to the validity of any action taken in reliance upon such a waiver. In case, by reason of the suspension of regular mail service as a result of a strike, work stoppage or similar activity, it shall be impractical to mail notice of any event of Holders 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 Indenture Trustee shall be deemed to be a sufficient giving of such notice. Where this Indenture provides for notice to the Rating Agencies, failure to give such notice shall not affect any other rights or obligations created hereunder and shall not under any circumstance constitute a Default or Event of Default.
Appears in 3 contracts
Samples: Indenture (SWEPCO Storm Recovery Funding LLC), Indenture (Cleco Power LLC), Indenture (Cleco Power LLC)
Notices to Holders; Waiver. Where this Indenture provides for notice to Holders of any event, such notice shall be sufficiently given (unless otherwise herein expressly provided) if in writing and mailed, first-class, postage prepaid to each Holder affected by such event, at such Holder’s address as it appears on the Storm Recovery System Restoration Bond Register, not later than the latest date, and not earlier than the earliest date, prescribed for the giving of such notice. In any case where notice to Holders is given by mail, neither the failure to mail such notice nor any defect in any notice so mailed to any particular Holder shall affect the sufficiency of such notice with respect to other Holders, and any notice that is mailed in the manner herein provided shall conclusively be presumed to have been duly given. 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 Holders shall be filed with the Indenture Trustee, Trustee but such filing shall not be a condition precedent to the validity of any action taken in reliance upon such a waiver. In case, by reason of the suspension of regular mail service as a result of a strike, work stoppage or similar activity, it shall be impractical to mail notice of any event of Holders 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 Indenture Trustee shall be deemed to be a sufficient giving of such notice. Where this Indenture provides for notice to the Rating Agencies, failure to give such notice shall not affect any other rights or obligations created hereunder hereunder, and shall not under any circumstance constitute a Default or Event of Default.
Appears in 3 contracts
Samples: Indenture (AEP Texas Restoration Funding LLC), Indenture (AEP Texas Restoration Funding LLC), Indenture (AEP Texas Restoration Funding LLC)
Notices to Holders; Waiver. Where this Indenture provides for notice to Holders of any event, such notice shall be sufficiently given (unless otherwise herein expressly provided) if in writing and mailed, first-class, postage prepaid to each Holder affected by such event, at such Holder’s address as it appears on the Storm Recovery Deferred Fuel Cost Bond Register, not later than the latest date, and not earlier than the earliest date, prescribed for the giving of such notice. In any case where notice to Holders is given by mail, neither the failure to mail such notice nor any defect in any notice so mailed to any particular Holder shall affect the sufficiency of such notice with respect to other Holders, and any notice that is mailed in the manner herein provided shall conclusively be presumed to have been duly given. 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 Holders shall be filed with the Indenture Trustee, but such filing shall not be a condition precedent to the validity of any action taken in reliance upon such a waiver. In case, by reason of the suspension of regular mail service as a result of a strike, work stoppage or similar activity, it shall be impractical to mail notice of any event of Holders 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 Indenture Trustee shall be deemed to be a sufficient giving of such notice. Where this Indenture provides for notice to the Rating Agencies, failure to give such notice shall not affect any other rights or obligations created hereunder and shall not under any circumstance constitute a Default or Event of Default.
Appears in 3 contracts
Samples: Indenture (Virginia Power Fuel Securitization, LLC), Indenture (Virginia Power Fuel Securitization, LLC), Indenture (Virginia Power Fuel Securitization, LLC)
Notices to Holders; Waiver. Where this Indenture provides for notice to Holders of any event, such notice shall be sufficiently given (unless otherwise herein expressly provided) if in writing and mailed, first-class, postage prepaid to each Holder affected by such event, at such Holder’s address as it appears on the Storm Nuclear Asset-Recovery Bond Register, not later than the latest date, and not earlier than the earliest date, prescribed for the giving of such notice. In any case where notice to Holders is given by mail, neither the failure to mail such notice nor any defect in any notice so mailed to any particular Holder shall affect the sufficiency of such notice with respect to other Holders, and any notice that is mailed in the manner herein provided shall conclusively be presumed to have been duly given. 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 Holders shall be filed with the Indenture Trustee, but such filing shall not be a condition precedent to the validity of any action taken in reliance upon such a waiver. In case, by reason of the suspension of regular mail service as a result of a strike, work stoppage or similar activity, it shall be impractical to mail notice of any event of Holders 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 Indenture Trustee shall be deemed to be a sufficient giving of such notice. Where this Indenture provides for notice to the Rating Agencies, failure to give such notice shall not affect any other rights or obligations created hereunder and shall not under any circumstance constitute a Default or Event of Default.
Appears in 3 contracts
Samples: Indenture (Duke Energy Florida, Llc.), Indenture (Duke Energy Florida, Llc.), Indenture (Duke Energy Florida, Llc.)
Notices to Holders; Waiver. Where this Indenture provides for notice to Holders of any event, such notice shall be sufficiently given (unless otherwise herein expressly provided) if in writing and mailed, first-classfirst‑class, postage prepaid to each Holder affected by such event, at such Holder’s address as it appears on the Storm Recovery Bond Register, not later than the latest date, and not earlier than the earliest date, prescribed for the giving of such notice. In any case where notice to Holders is given by mail, neither the failure to mail such notice nor any defect in any notice so mailed to any particular Holder shall affect the sufficiency of such notice with respect to other Holders, and any notice that is mailed in the manner herein provided shall conclusively be presumed to have been duly given. 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 Holders shall be filed with the Indenture Trustee, Trustee but such filing shall not be a condition precedent to the validity of any action taken in reliance upon such a waiver. In case, by reason of the suspension of regular mail service as a result of a strike, work stoppage or similar activity, it shall be impractical to mail notice of any event of Holders 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 Indenture Trustee shall be deemed to be a sufficient giving of such notice. Where this Indenture provides for notice to the Rating Agencies, failure to give such notice shall not affect any other rights or obligations created hereunder hereunder, and shall not under any circumstance constitute a Default or Event of Default.
Appears in 3 contracts
Samples: Indenture (Entergy New Orleans Storm Recovery Funding I, L.L.C.), Indenture (Entergy New Orleans Storm Recovery Funding I, L.L.C.), Indenture (Entergy New Orleans Storm Recovery Funding I, L.L.C.)
Notices to Holders; Waiver. Where this Indenture provides for notice to Holders of any event, such notice shall be sufficiently given (unless otherwise herein expressly provided) if in writing and mailed, first-class, postage prepaid prepaid, or otherwise delivered in accordance with DTC’s procedures, to each Holder affected by such event, at such Holder’s address as it appears on the Storm Recovery Securitization Bond Register, not later than the latest date, and not earlier than the earliest date, prescribed for the giving of such notice. In any case where notice to Holders is given by mail, neither the failure to mail such notice nor any defect in any notice so mailed to any particular Holder shall affect the sufficiency of such notice with respect to other Holders, and any notice that is mailed in the manner herein provided shall conclusively be presumed to have been duly given. 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 Holders shall be filed with the Indenture Trustee, but such filing shall not be a condition precedent to the validity of any action taken in reliance upon such a waiver. In case, by reason of the suspension of regular mail service as a result of a strike, work stoppage or similar activity, it shall be impractical to mail notice of any event of Holders 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 Indenture Trustee shall be deemed to be a sufficient giving of such notice. Where this Indenture provides for notice to the Rating Agencies, failure to give such notice shall not affect any other rights or obligations created hereunder and shall not under any circumstance constitute a Default or Event of Default.
Appears in 3 contracts
Samples: Securitization Property Servicing Agreement (SIGECO Securitization I, LLC), Securitization Property Servicing Agreement (SIGECO Securitization I, LLC), Securitization Property Servicing Agreement (SIGECO Securitization I, LLC)
Notices to Holders; Waiver. Where this Indenture provides for notice to Holders of any event, such notice shall be sufficiently given (unless otherwise herein expressly provided) if in writing and mailed, first-class, postage prepaid to each Holder affected by such event, at such Holder’s 's address as it appears on the Storm Recovery Bond Securities Register, not later than the latest date, and not earlier than the earliest date, prescribed for the giving of such notice. In any case where notice to Holders is given by mail, neither the failure to mail such notice nor any defect in any notice so mailed to any particular Holder shall affect the sufficiency of such notice with respect to other Holders, and any notice that is mailed in the manner herein provided shall conclusively be presumed to have been duly given. 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 Holders shall be filed with the Indenture Trustee, Trustee but such filing shall not be a condition precedent to the validity of any action taken in reliance upon such a waiver. In case, by reason of the suspension of regular mail service as a result of a strike, work stoppage or similar activity, it shall be impractical to mail notice of any event of Holders 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 Indenture Trustee shall be deemed to be a sufficient giving of such notice. Where this Indenture provides for notice to the Rating Agencies, failure to give such notice shall not affect any other rights or obligations created hereunder hereunder, and shall not under any circumstance constitute a Default or Event of Default.
Appears in 3 contracts
Samples: Transition Property Servicing Agreement (Oncor Electric Delivery Transition Bond Co LLC), Transition Property Servicing Agreement (Oncor Electric Delivery Transition Bond Co LLC), Transition Property Servicing Agreement (Oncor Electric Delivery Transition Bond Co LLC)
Notices to Holders; Waiver. Where this Indenture provides for notice to Holders of any event, such notice shall be sufficiently given (unless otherwise herein expressly provided) if in writing and mailed, first-first class, postage prepaid prepaid, to each Holder affected by such event, at such Holder’s his address as it appears on the Storm Recovery Bond Register, not later than the latest date, and not earlier than the earliest date, prescribed for the giving of such notice. In any case where notice to Holders is given by mail, neither the failure to mail such notice notice, nor any defect in any notice so mailed mailed, to any particular Holder shall affect the sufficiency of such notice with respect to other Holders, and any notice that is mailed in the manner herein provided shall conclusively be presumed to have been duly given. Where this Indenture provides for notice in any manner, such notice may be waived in writing by any 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 Indenture Trustee, but such filing shall not be a condition precedent to the validity of any action taken in reliance upon such a waiver. In case, by reason of the suspension of or irregularities in regular mail service as a result of a strike, work stoppage or similar activityservice, it shall be impractical to mail notice of any event of to Holders 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 Indenture Trustee shall be deemed to be a sufficient giving of such notice. Where this Indenture provides for notice to In case, by reason of the Rating Agenciessuspension of publication of any Authorized Newspaper, failure to give such notice shall not affect or by reason of any other rights cause, it shall be impossible to make publication of any notice in an Authorized Newspaper or obligations created hereunder and Authorized Newspapers as required by this Indenture, then such method of publication or notification as shall not under any circumstance be made with the approval of the Trustee shall constitute a Default or Event sufficient publication of Defaultsuch notice.
Appears in 3 contracts
Samples: Levitt Corporation (Levitt Corp), Indenture (Levitt Corp), Indenture (Levitt Corp)
Notices to Holders; Waiver. Where this Indenture provides for notice to Holders of any event, such notice shall be sufficiently given (unless otherwise herein expressly provided) if in writing and mailed, first-class, postage prepaid or otherwise via electronic transmission to each Holder affected by such event, at such Holder’s address as it appears on the Storm Recovery Securitization Bond Register, not later than the latest date, and not earlier than the earliest date, prescribed for the giving of such notice. In any case where notice to Holders is given by mail, neither the failure to mail such notice nor any defect in any notice so mailed to any particular Holder shall affect the sufficiency of such notice with respect to other Holders, and any notice that is mailed in the manner herein provided shall conclusively be presumed to have been duly given. 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 Holders shall be filed with the Indenture Trustee, but such filing shall not be a condition precedent to the validity of any action taken in reliance upon such a waiver. In case, by reason of the suspension of regular mail service as a result of a strike, work stoppage or similar activity, it shall be impractical to mail notice of any event of Holders 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 Indenture Trustee (including by electronic means) shall be deemed to be a sufficient giving of such notice. Where this Indenture provides for notice to the Rating Agencies, failure to give such notice shall not affect any other rights or obligations created hereunder and shall not under any circumstance constitute a Default or Event of Default.
Appears in 3 contracts
Samples: Indenture (DTE Electric Securitization Funding II LLC), Indenture (DTE Electric Securitization Funding II LLC), Indenture (DTE Electric Securitization Funding II LLC)
Notices to Holders; Waiver. Where this Indenture provides for notice to Holders of any event, such notice shall be sufficiently given (unless otherwise herein expressly provided) if in writing and mailed, by nationally recognized overnight courier or by first-–class, postage prepaid to each Holder affected by such event, at such Holder’s his address as it appears on the Storm Recovery Bond Note Register, not later than the latest date, and not earlier than the earliest date, prescribed for the giving of such notice. In any case where notice to Holders is given by mail, neither the failure to mail such notice nor any defect in any notice so mailed to any particular Holder shall affect the sufficiency of such notice with respect to other Holders, and any notice that is mailed in the manner herein provided shall conclusively be presumed to have been duly given. 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 Holders shall be filed with the Indenture Trustee, Trustee but such filing shall not be a condition precedent to the validity of any action taken in reliance upon such a waiver. In case, by reason of the suspension of regular mail service as a result of a strike, work stoppage or similar activity, it shall be impractical to mail notice of any event of to Holders 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 Indenture Trustee shall be deemed to be a sufficient giving of such notice. Where this Indenture provides for notice to the Rating Agencies, failure to give such notice shall not affect any other rights or obligations created hereunder hereunder, and shall not under any circumstance constitute a Default or an Event of Default.
Appears in 2 contracts
Samples: Indenture (Officemax Inc), Indenture (Officemax Inc)
Notices to Holders; Waiver. Where this Indenture Agreement provides for notice to Holders of Registered Securities or Registered Units of any event, such notice shall be sufficiently given (unless otherwise herein expressly providedprovided or as provided in the Letter of Representations) if in writing and mailed, first-classfirst class postage prepaid, postage prepaid to each such Holder affected by such event, at such Holder’s address as it appears on in the Storm Recovery Bond Registerrelevant Security Registers, with respect to the Securities constituting such Unit, not later than the latest date, and not earlier than the earliest date, prescribed for the giving of such notice. In any case where notice to Holders is given by mail, neither the failure to mail such notice 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, and any notice that is mailed in the manner herein provided shall conclusively be presumed to have been duly given. Where this Indenture Agreement provides for notice in any manner, such notice may be waived in writing by any 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 Indenture TrusteeAgent, but such filing shall not be a condition precedent to the validity of any action taken in reliance upon such a waiver. In case, case by reason of the suspension of regular mail service as a result or by reason of a strike, work stoppage or similar activity, any other cause it shall be impractical impracticable to mail notice of any event of Holders when give such notice is required to be given pursuant to any provision of this Indentureby mail, then any manner of giving such notice notification as shall be satisfactory to made with the Indenture Trustee approval of the Agent shall be deemed to be constitute a sufficient giving of such noticenotification for every purpose hereunder. Where this Indenture Agreement provides for notice to the Rating AgenciesHolders of Unregistered Securities or Unregistered Units of any event, failure to give such notice shall be sufficiently given (unless otherwise specified herein or pursuant to Section 2.03 or 3.02) either (i) through the customary notice provisions of the clearing system or systems through which beneficial interests in such Unregistered Securities or Unregistered Units are owned or (b) by publication in a newspaper in the English language of general circulation in the Borough of Manhattan, The City of New York, and in The City of London or, if publication in London is not affect any other rights practical, in an English language newspaper with general circulation in Western Europe. Such notices will be deemed to have been given on the date of such publication, or obligations created hereunder and shall not under any circumstance constitute a Default or Event if published in such newspapers on different dates, on the date of Defaultthe first such publication.
Appears in 2 contracts
Samples: Unit Agreement (Morgan Stanley Finance LLC), Unit Agreement (Morgan Stanley Capital Trust Iv)
Notices to Holders; Waiver. Where this Indenture provides for notice to Holders of any event, (1) if any of the Securities affected by such event are Fully Registered Securities, such notice shall be sufficiently given (unless otherwise herein expressly provided) if in writing and mailed, first-classmailed by first class mail, postage prepaid prepaid, to each Holder such Holders as their names and addresses appear in the Security Register within the time prescribed and (2) if any of the Securities affected by such eventevent are Unregistered Securities, or Coupon Securities, such notice shall be sufficiently given (unless otherwise herein expressly provided) if in writing and mailed by first class mail, postage prepaid, to such Holders in the manner and the extent provided in Section 313(c) of the Trust Indenture Act and if published in an Authorized Newspaper or Newspapers in such city or cities as may be provided elsewhere in this Indenture or specified as contemplated by Section 3.01 on a Business Day at least twice, the first such Holder’s address as it appears on publication to be not earlier than the Storm Recovery Bond Register, earliest date and not later than the latest date, and not earlier than the earliest date, date prescribed for the giving of such notice. In any case where notice to Holders is given by mail, neither the failure to mail such notice nor any defect in any notice so mailed to any particular Holder shall affect the sufficiency of such notice with respect to other Holders, and any notice that is mailed in the manner herein provided shall conclusively be presumed to have been duly given. Where this Indenture provides for notice in any manner, such notice may be waived in writing by any 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 Indenture Trustee, but such filing shall not be a condition precedent to the validity of any action taken in reliance upon on such a waiver. In caseany case where notice to Holders is given by mail, neither the failure to mail such notice, nor any defect in any notice so mailed to any particular Holder shall affect the sufficiency of such notice with respect to other Holders, and any notice which is mailed in the manner herein provided shall be conclusively presumed to have been duly given. In the event of suspension of regular mail service or for any other reason it shall be impracticable to give such notice to Registered Holders by mail, then such a notification as shall be made to Registered Holders with the approval of the Trustee shall constitute a sufficient notification for every purpose hereunder. In case by reason of the suspension of regular mail service as a result publication of a strike, work stoppage any Authorized Newspaper or similar activity, by reason of any other cause it shall be impractical impracticable to mail publish any notice to Holders of any event Unregistered Securities or of Coupons as provided above then said notification to Holders when such notice is required to be given pursuant to any provision of this Indenture, then any manner Unregistered Securities or of giving such notice Coupons as shall be satisfactory to given with the Indenture approval of the Trustee shall be deemed to be a constitute sufficient giving of such notice. Where this Indenture provides for notice to the Rating Agencies, failure to give such notice shall not affect any other rights or obligations created hereunder and shall not under any circumstance constitute a Default or Event of DefaultHolders for every purpose hereunder.
Appears in 2 contracts
Samples: Indenture (PNC Funding Corp), Bancorpsouth Inc
Notices to Holders; Waiver. Where this Indenture provides for notice to Holders of any event, (a) if any of the Securities affected by such event are Fully Registered Securities, such notice shall be sufficiently given (unless otherwise herein expressly provided) if in writing and mailed, first-classmailed by first class mail, postage prepaid prepaid, to each Holder such Holders as their names and addresses appear in the Securities Register within the time prescribed and (b) if any of the Securities affected by such eventevent are Unregistered Securities or Coupon Securities, such notice shall be sufficiently given (unless otherwise herein expressly provided) if in writing and mailed by first class mail, postage prepaid, to such Holders in the manner and to the extent provided in Section 5.4, and if published in an Authorized Newspaper or Newspapers in such city or cities as may be provided elsewhere in this Indenture or specified as contemplated by Section 3.1 on a Business Day at least twice, the first such Holder’s address as it appears on publication to be not earlier than the Storm Recovery Bond Register, earliest date and not later than the latest date, and not earlier than the earliest date, date prescribed for the giving of such notice. In any case where notice to Holders is given by mail, neither the failure to mail such notice nor any defect in any notice so mailed to any particular Holder shall affect the sufficiency of such notice with respect to other Holders, and any notice that is mailed in the manner herein provided shall conclusively be presumed to have been duly given. Where this Indenture provides for notice in any manner, such notice may be waived in writing by any 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 Indenture Trustee, but such filing shall not be a condition precedent to the validity of any action taken in reliance upon on such a waiver. In caseany case where notice to Holders is given by mail, neither the failure to mail such notice, nor any defect in any notice so mailed to any particular Holder shall affect the sufficiency of such notice with respect to other Holders, and any notice which is mailed in the manner herein provided shall be conclusively presumed to have been duly given. In the event of suspension of regular mail service or for any other reason it shall be impracticable to give such notice to Registered Holders by mail, then such a notification as shall be made to Registered Holders with the approval of the Trustee shall constitute a sufficient notification for every purpose hereunder. In case by reason of the suspension of regular mail service as a result publication of a strike, work stoppage any Authorized Newspaper or similar activity, by reason of any other cause it shall be impractical impracticable to mail publish any notice to Holders of any event Unregistered Securities or of Coupons as provided above then said notification to Holders when such notice is required to be given pursuant to any provision of this Indenture, then any manner Unregistered Securities or of giving such notice Coupons as shall be satisfactory to given with the Indenture approval of the Trustee shall be deemed to be a constitute sufficient giving of such notice. Where this Indenture provides for notice to the Rating Agencies, failure to give such notice shall not affect any other rights or obligations created hereunder and shall not under any circumstance constitute a Default or Event of DefaultHolders for every purpose hereunder.
Appears in 2 contracts
Samples: Indenture (Starwood Hotels & Resorts), Indenture (Sheraton Holding Corp)
Notices to Holders; Waiver. Where this Indenture provides for notice to Holders of any event, such notice shall be sufficiently given (unless otherwise herein expressly provided) if in writing and mailed, mailed by first-classclass mail, postage prepaid prepaid, to each Holder affected by such event, at such Holder’s address Holders as it appears their names and addresses appear on the Storm Recovery Bond RegisterSecurities Register within the time prescribed. For Holders of “book-entry” Notes, not later than notices may be sent through the latest date, and not earlier than the earliest date, prescribed for the giving of such notice. In any case where notice to Holders is given by mail, neither the failure to mail such notice nor any defect in any notice so mailed to any particular Holder shall affect the sufficiency of such notice with respect to applicable U.S. Depository or other Holders, and any notice that is mailed in the manner herein provided shall conclusively be presumed to have been duly givenDepository. Where this Indenture provides for notice in any manner, such notice may be waived in writing by any 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 Indenture Trustee, but such filing shall not be a condition precedent to the validity of any action taken in reliance upon on such a waiver. In caseany case where notice to Holders is given by mail, neither the failure to mail such notice, nor any defect in any notice so mailed to any particular Holder, shall affect the sufficiency of such notice with respect to other Holders, and any notice which is mailed in the manner herein provided shall be conclusively presumed to have been duly given. In the case by reason of the suspension of regular mail service as a result or by reason of a strike, work stoppage or similar activity, any other cause it shall be impractical impracticable to mail give such notice by mail, then such notification as shall be made with the approval of the Trustee shall constitute a sufficient notification for every purpose hereunder. In case by reason of the suspension of publication of any event Authorized Newspapers or by reason of any other cause it shall be impracticable to publish any notice to Holders when such notice is otherwise required to be given pursuant to any provision of or permitted under this Indenture, then any manner of giving such notice notification as shall be satisfactory to given with the Indenture approval of the Trustee shall be deemed to be a constitute sufficient giving of such notice. Where this Indenture provides for notice to the Rating Agencies, failure to give such notice shall not affect any other rights or obligations created hereunder and shall not under any circumstance constitute a Default or Event of DefaultHolders for every purpose hereunder.
Appears in 2 contracts
Samples: Indenture (National Grid PLC), Indenture (National Grid PLC)
Notices to Holders; Waiver. Where this Indenture provides for notice to Holders of any event, such notice shall be sufficiently given (unless otherwise herein expressly provided) if in writing and mailed, first-classclass postage prepaid, postage prepaid to each Holder affected by such event, at such Holder’s his address as it appears on in the Storm Recovery Bond Note Register, not later than the latest date, and not earlier than the earliest date, prescribed for the giving of such notice. In any case where notice to Holders is given by mail, neither the failure to mail such notice notice, nor any defect in any notice so mailed mailed, to any particular Holder shall affect the sufficiency of such notice with respect to other Holders, Holders and any notice that which is mailed in the manner herein provided shall be conclusively be presumed to have been duly given. Where this Indenture provides for notice in any manner, such notice may be waived in writing by any 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 Indenture Trustee, but such filing shall not be a condition precedent to the validity of any action taken in reliance upon such waiver. In case by reason of the suspension of regular mail service or by reason of any other cause it shall be impracticable to give such notice by mail, then such notification as shall be made that is satisfactory to the Trustee shall constitute a waiversufficient notification for every purpose hereunder. In case, by reason of the suspension of regular mail service as a result publication of a strikeany Authorized Newspaper, work stoppage or similar activityby reason of any other cause, it shall be impractical impossible to mail notice make publication of any event of Holders when such notice is in an Authorized Newspaper or Authorized Newspapers as required to be given pursuant to any provision of by this Indenture, then any manner such method of giving such notice publication or notification as shall be satisfactory to made with the Indenture approval of the Trustee shall be deemed to be constitute a sufficient giving publication of such notice. Where this Indenture provides for notice to the Rating Agencies, failure to give such notice shall not affect any other rights or obligations created hereunder and shall not under any circumstance constitute a Default or Event of Default.
Appears in 2 contracts
Samples: Household International Netherlands Bv, Household International Netherlands Bv
Notices to Holders; Waiver. Where this Indenture provides for notice to Holders of any event, such notice shall be sufficiently given (unless otherwise herein expressly provided) if in writing and mailed, first-class, postage prepaid to each Holder affected by such event, at such Holder’s address as it appears on the Storm Recovery Rate Stabilization Bond Register, not later than the latest date, and not earlier than the earliest date, prescribed for the giving of such notice. In any case where notice to Holders is given by mail, neither the failure to mail such notice nor any defect in any notice so mailed to any particular Holder shall affect the sufficiency of such notice with respect to other Holders, and any notice that is mailed in the manner herein provided shall conclusively be presumed to have been duly given. 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 Holders shall be filed with the Indenture Trustee, Trustee but such filing shall not be a condition precedent to the validity of any action taken in reliance upon such a waiver. In case, by reason of the suspension of regular mail service as a result of a strike, work stoppage or similar activity, it shall be impractical to mail notice of any event of Holders 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 Indenture Trustee shall be deemed to be a sufficient giving of such notice. Where this Indenture provides for notice to the Rating Agencies, failure to give such notice shall not affect any other rights or obligations created hereunder hereunder, and shall not under any circumstance constitute a Default or Event of Default.
Appears in 2 contracts
Samples: Indenture (RSB Bondco LLC), Indenture (RSB Bondco LLC)
Notices to Holders; Waiver. Where this Indenture provides for notice to Holders of any event, such notice shall be sufficiently given (unless otherwise herein expressly provided) if in writing and mailed, first-class, postage prepaid to each Holder affected by such event, at such Holder’s address as it appears on the Storm Recovery Rate Reduction Bond Register, not later than the latest date, and not earlier than the earliest date, prescribed for the giving of such notice. In any case where notice to Holders is given by mail, neither the failure to mail such notice nor any defect in any notice so mailed to any particular Holder shall affect the sufficiency of such notice with respect to other Holders, and any notice that is mailed in the manner herein provided shall conclusively be presumed to have been duly given. 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 Holders shall be filed with the Indenture Trustee, but such filing shall not be a condition precedent to the validity of any action taken in reliance upon such a waiver. In case, by reason of the suspension of regular mail service as a result of a strike, work stoppage or similar activity, it shall be impractical to mail notice of any event of Holders 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 Indenture Trustee shall be deemed to be a sufficient giving of such notice. Where this Indenture provides for notice to the Rating Agencies, failure to give such notice shall not affect any other rights or obligations created hereunder and shall not under any circumstance constitute a Default or Event of Default.
Appears in 2 contracts
Samples: Intercreditor Agreement (PSNH Funding LLC 3), Intercreditor Agreement (PSNH Funding LLC 3)
Notices to Holders; Waiver. Where this Indenture provides for notice to Holders of any eventWHERE THIS INDENTURE PROVIDES FOR NOTICE TO HOLDERS OF ANY EVENT, such notice shall be sufficiently given SUCH NOTICE SHALL BE SUFFICIENTLY GIVEN (unless otherwise herein expressly providedUNLESS OTHERWISE HEREIN EXPRESSLY PROVIDED) if in writing and mailedIF IN WRITING AND MAILED, firstFIRST-classCLASS, postage prepaid to each Holder affected by such eventPOSTAGE PREPAID TO EACH HOLDER AFFECTED BY SUCH EVENT, at such Holder’s address as it appears on the Storm Recovery Bond RegisterAT SUCH HOLDER’S ADDRESS AS IT APPEARS ON THE STORM RECOVERY BOND REGISTER, not later than the latest dateNOT LATER THAN THE LATEST DATE, and not earlier than the earliest dateAND NOT EARLIER THAN THE EARLIEST DATE, prescribed for the giving of such noticePRESCRIBED FOR THE GIVING OF SUCH NOTICE. In any case where notice to Holders is given by mailIN ANY CASE WHERE NOTICE TO HOLDERS IS GIVEN BY MAIL, neither the failure to mail such notice nor any defect in any notice so mailed to any particular Holder shall affect the sufficiency of such notice with respect to other HoldersNEITHER 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, and any notice that is mailed in the manner herein provided shall conclusively be presumed to have been duly givenAND ANY NOTICE THAT IS MAILED IN THE MANNER HEREIN PROVIDED SHALL CONCLUSIVELY BE PRESUMED TO HAVE BEEN DULY GIVEN. 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 Holders shall be filed with the Indenture Trustee, Trustee but such filing shall not be a condition precedent to the validity of any action taken in reliance upon such a waiver. In case, by reason of the suspension of regular mail service as a result of a strike, work stoppage or similar activity, it shall be impractical to mail notice of any event of Holders 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 Indenture Trustee shall be deemed to be a sufficient giving of such notice. Where this Indenture provides for notice to the Rating Agencies, failure to give such notice shall not affect any other rights or obligations created hereunder hereunder, and shall not under any circumstance constitute a Default or Event of Default.
Appears in 2 contracts
Samples: Indenture (Entergy Arkansas Restoration Funding, LLC), Indenture (Entergy Arkansas Restoration Funding, LLC)
Notices to Holders; Waiver. Where this Indenture provides for notice to Holders of any event, (1) if any of the Securities affected by such event are Fully Registered Securities, such notice shall be sufficiently given (unless otherwise herein expressly provided) if in writing and mailed, first-classmailed by first class mail, postage prepaid prepaid, to each Holder such Holders as their names and addresses appear in the Security Register within the time prescribed and (2) if any of the Securities affected by such eventevent are Unregistered Securities, such notice shall be sufficiently given (unless otherwise herein expressly provided) if in writing and mailed by first class mail, postage prepaid, to such Holders in the manner and the extent provided in Section 313(c) of the Trust Indenture Act and if published in an Authorized Newspaper or Newspapers in such city or cities as may be provided elsewhere in this Indenture or specified as contemplated by Section 3.01 on a Business Day at least twice, the first such Holder’s address as it appears on publication to be not earlier than the Storm Recovery Bond Register, earliest date and not later than the latest date, and not earlier than the earliest date, date prescribed for the giving of such notice. In any case where notice to Holders is given by mail, neither the failure to mail such notice nor any defect in any notice so mailed to any particular Holder shall affect the sufficiency of such notice with respect to other Holders, and any notice that is mailed in the manner herein provided shall conclusively be presumed to have been duly given. Where this Indenture provides for notice in any manner, such notice may be waived in writing by any 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 Indenture Trustee, but such filing shall not be a condition precedent to the validity of any action taken in reliance upon on such a waiver. In caseany case where notice to Holders is given by mail, neither the failure to mail such notice, nor any defect in any notice so mailed to any particular Holder, shall affect the sufficiency of such notice with respect to other Holders, and any notice which is mailed in the manner herein provided shall be conclusively presumed to have been duly given. If in the event of suspension of regular mail service or for any other reason it shall be impracticable to give such notice to Registered Holders by mail, then such a notification as shall be made to Registered Holders with the approval of the Trustee shall constitute a sufficient notification for every purpose hereunder. In case by reason of the suspension of regular mail service as a result publication of a strike, work stoppage any Authorized Newspaper or similar activity, by reason of any other cause it shall be impractical impracticable to mail publish any notice to Holders of any event Unregistered Securities as provided above then said notification to Holders of Holders when such notice is required to be given pursuant to any provision of this Indenture, then any manner of giving such notice Unregistered Securities as shall be satisfactory to given with the Indenture approval of the Trustee shall be deemed to be a constitute sufficient giving of such notice. Where this Indenture provides for notice to the Rating Agencies, failure to give such notice shall not affect any other rights or obligations created hereunder and shall not under any circumstance constitute a Default or Event of DefaultHolders for every purpose hereunder.
Appears in 2 contracts
Samples: Indenture (Bok Financial Corp Et Al), Indenture (Bok Financial Corp Et Al)
Notices to Holders; Waiver. Where this Indenture or any Security provides for notice to Holders of any event, such notice shall be sufficiently given (unless otherwise herein or in such Securities expressly provided) if in writing and mailed, first-class, postage prepaid prepaid, to each Registered Holder affected by of such eventSecurities, at such Holder’s his address as it appears on the Storm Recovery Bond Registerregistry books of the Company, not later than the latest date, and not earlier than the earliest date, prescribed for the giving of such notice. In any case where notice to Holders is given by mail, neither the failure to mail such notice notice, nor any defect in any notice so mailed mailed, to any particular Holder shall affect the sufficiency of such notice with respect to other Holders, and any notice that is mailed in the manner herein provided shall conclusively be presumed to have been duly given. Where this Indenture provides for notice in any manner, such notice may be waived in writing by any 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 Indenture Trustee, but such filing shall not be a condition precedent to the validity of any action taken in reliance upon such waiver. The Trustee shall deliver to the Company a waivercopy of any notice delivered by the Trustee to the Holders hereunder concurrently with the delivery of such notice to the Holders. In case, by reason of the suspension of publication of any Authorized Newspaper, or by reason of any other cause, it shall be impossible to make publication of any notice in one or more Authorized Newspapers as required by any Security or this Indenture, then such method of publication or notification as shall be made with the approval of the Trustee shall constitute a sufficient publication of such notice. In case, by reason of the suspension of regular mail service as a result of a strike, work stoppage or similar activityotherwise, it shall be impractical to mail notice of any event to the Holders of Holders Securities 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 Indenture Trustee and the Company shall be deemed to be a sufficient giving of such notice. Where this Indenture provides for notice to the Rating Agencies, failure to give such notice shall not affect any other rights or obligations created hereunder and shall not under any circumstance constitute a Default or Event of Default.
Appears in 2 contracts
Samples: Indenture (Lyondell Petrochemical Co), Indenture (Equistar Funding Corp)
Notices to Holders; Waiver. Where this Indenture provides for notice to Holders of any event, (1) if any of the Securities affected by such event are Fully Registered Securities, such notice shall be sufficiently given (unless otherwise herein expressly provided) if in writing and mailed, first-classdelivered electronically or mailed by first class mail, postage prepaid prepaid, to each Holder such Holders as their names and addresses appear in the Security Register within the time prescribed and (2) if any of the Securities affected by such eventevent are Unregistered Securities, at such Holder’s address as it appears on the Storm Recovery Bond Register, not later than the latest date, notice shall be sufficiently given (unless otherwise herein expressly provided) if in writing and not earlier than the earliest date, prescribed for the giving of such notice. In any case where notice to Holders is given mailed by first class mail, neither the failure postage prepaid, 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, and any notice that is mailed Holders in the manner herein and the extent provided shall conclusively be presumed to have been duly givenin Section 313(c) of the Trust Indenture Act. Where this Indenture provides for notice in any manner, such notice may be waived in writing by any 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 Indenture Trustee, but such filing shall not be a condition precedent to the validity of any action taken in reliance upon on such a waiver. In caseany case where notice to Holders is given by mail, by reason 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, and any notice which is mailed in the manner herein provided shall be conclusively presumed to have been duly given. If in the event of suspension of regular mail service as a result of a strike, work stoppage or similar activity, for any other reason it shall be impractical to mail notice of any event of Holders 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 Indenture Trustee shall be deemed to be a sufficient giving of such notice. Where this Indenture provides for notice to the Rating Agencies, failure impracticable to give such notice to Registered Holders by mail, then such a notification as shall not affect any other rights or obligations created hereunder and be made to Registered Holders with the approval of the Trustee shall not under any circumstance constitute a Default or Event of Defaultsufficient notification for every purpose hereunder.
Appears in 2 contracts
Samples: Subordinated Notes Indenture (First Midwest Bancorp Inc), First Midwest Bancorp Inc
Notices to Holders; Waiver. Where this Indenture provides for notice to Holders of any event, (1) if any of the Securities affected by such event are Fully Registered Securities, such notice shall be sufficiently given (unless otherwise herein expressly provided) if in writing and mailed, first-classmailed by first class mail, postage prepaid prepaid, to each Holder such Holders as their names and addresses appear in the Security Register within the time prescribed and (2) if any of the Securities affected by such eventevent are Unregistered Securities, such notice shall be sufficiently given (unless otherwise herein expressly provided) if in writing and mailed by first class mail, postage prepaid, to such Holders in the manner and the extent provided in Section 313(c) of the Trust Indenture Act and if published in an Authorized Newspaper or Newspapers in such city or cities as may be provided elsewhere in this Indenture or specified as contemplated by Section 3.01 on a Business Day at least twice, the first such Holder’s address as it appears on publication to be not earlier than the Storm Recovery Bond Register, earliest date and not later than the latest date, and not earlier than the earliest date, date prescribed for the giving of such notice. In any case where notice to Holders is given by mail, neither the failure to mail such notice nor any defect in any notice so mailed to any particular Holder shall affect the sufficiency of such notice with respect to other Holders, and any notice that is mailed in the manner herein provided shall conclusively be presumed to have been duly given. Where this Indenture provides for notice in any manner, such notice may be waived in writing by any 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 Indenture Trustee, but such filing shall not be a condition precedent to the validity of any action taken in reliance upon on such a waiver. In caseany case where notice to Holders is given by mail, neither the failure to mail such notice, nor any defect in any notice so mailed to any particular Holder shall affect the sufficiency of such notice with respect to other Holders, and any notice which is mailed in the manner herein provided shall be conclusively presumed to have been duly given. If in the event of suspension of regular mail service or for any other reason it shall be impracticable to give such notice to Registered Holders by mail, then such a notification as shall be made to Registered Holders with the approval of the Trustee shall constitute a sufficient notification for every purpose hereunder. In case by reason of the suspension of regular mail service as a result publication of a strike, work stoppage any Authorized Newspaper or similar activity, by reason of any other cause it shall be impractical impracticable to mail publish any notice to Holders of any event Unregistered Securities as provided above then said notification to Holders of Holders when such notice is required to be given pursuant to any provision of this Indenture, then any manner of giving such notice Unregistered Securities as shall be satisfactory to given with the Indenture approval of the Trustee shall be deemed to be a constitute sufficient giving of such notice. Where this Indenture provides for notice to the Rating Agencies, failure to give such notice shall not affect any other rights or obligations created hereunder and shall not under any circumstance constitute a Default or Event of DefaultHolders for every purpose hereunder.
Appears in 2 contracts
Samples: Senior Notes Indenture (First Niagara Financial Group Inc), First Niagara Financial Group Inc
Notices to Holders; Waiver. Where this Indenture provides for notice to Holders of any event, such notice shall be sufficiently given (unless otherwise herein expressly provided) if in writing and mailed, first-class, postage prepaid to each Holder affected by such event, at such Holder’s address as it appears on the Storm Investment Recovery Bond Register, not later than the latest date, and not earlier than the earliest date, prescribed for the giving of such notice. In any case where notice to Holders is given by mail, neither the failure to mail such notice nor any defect in any notice so mailed to any particular Holder shall affect the sufficiency of such notice with respect to other Holders, and any notice that is mailed in the manner herein provided shall conclusively be presumed to have been duly given. 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 Holders shall be filed with the Indenture Trustee, Trustee but such filing shall not be a condition precedent to the validity of any action taken in reliance upon such a waiver. In case, by reason of the suspension of regular mail service as a result of a strike, work stoppage or similar activity, it shall be impractical to mail notice of any event of Holders 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 Indenture Trustee shall be deemed to be a sufficient giving of such notice. Where this Indenture provides for notice to the Rating Agencies, failure to give such notice shall not affect any other rights or obligations created hereunder hereunder, and shall not under any circumstance constitute a Default or Event of Default.
Appears in 2 contracts
Samples: Indenture (Entergy Louisiana Investment Recovery Funding I, L.L.C.), Indenture (Entergy Louisiana Investment Recovery Funding I, L.L.C.)
Notices to Holders; Waiver. Where this Indenture provides for notice to Holders of any event, (a) if any of the Securities affected by such event are Fully Registered Securities, such notice shall be sufficient]y given (unless otherwise herein expressly provided) if in writing and mailed by first class mail, postage prepaid, to such Holders as their names and addresses appear in the Securities Register within the time prescribed and (b) if any of the Securities affected by such event are Unregistered Securities, or Coupon Securities, such notice shall be sufficiently given (unless otherwise herein expressly provided) if in writing and mailed, first-classmailed by first class mail, postage prepaid prepaid, to each Holder affected such Holders in the manner and to the extent provided in Section 5.4, and if published in an Authorized Newspaper or Newspapers in such city or cities as may be provided elsewhere in this Indenture or specified as contemplated by Section 3.1 on a Business Day at least twice, the first such event, at such Holder’s address as it appears on publication to be not earlier than the Storm Recovery Bond Register, earliest date and not later than the latest date, and not earlier than the earliest date, date prescribed for the giving of such notice. In any case where notice to Holders is given by mail, neither the failure to mail such notice nor any defect in any notice so mailed to any particular Holder shall affect the sufficiency of such notice with respect to other Holders, and any notice that is mailed in the manner herein provided shall conclusively be presumed to have been duly given. Where this Indenture provides for notice in any manner, such notice may be waived in writing by any 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 Indenture Trustee, but such filing shall not be a condition precedent to the validity of any action taken in reliance upon on such a waiver. In caseany case where notice to Holders is given by mail, neither the failure to mail such notice, nor any defect in any notice so mailed to any particular Holder shall affect the sufficiency of such notice with respect to other Holders, and any notice which is mailed in the manner herein provided shall be conclusively presumed to have been duly given. In the event of suspension of regular mail service or for any other reason it shall be impracticable to give such notice to Registered Holders by mail, then such a notification as shall be made to Registered Holders with the approval of the Trustee shall constitute a sufficient notification for every purpose hereunder. In case by reason of the suspension of regular mail service as a result publication of a strike, work stoppage any Authorized Newspaper or similar activity, by reason of any other cause it shall be impractical impracticable to mail publish any notice to Holders of any event Unregistered Securities or of Coupons as provided above then said notification to Holders when such notice is required to be given pursuant to any provision of this Indenture, then any manner Unregistered Securities or of giving such notice Coupons as shall be satisfactory to given with the Indenture approval of the Trustee shall be deemed to be a constitute sufficient giving of such notice. Where this Indenture provides for notice to the Rating Agencies, failure to give such notice shall not affect any other rights or obligations created hereunder and shall not under any circumstance constitute a Default or Event of DefaultHolders for every purpose hereunder.
Appears in 2 contracts
Samples: Itt Corp /Nv/, Itt Corp /Nv/
Notices to Holders; Waiver. Where this Indenture provides for notice to Holders of any event, (1) if any of the Securities affected by such event are Fully Registered Securities, such notice shall be sufficiently given (unless otherwise herein expressly provided) if in writing and mailed, first-classmailed by first class mail, postage prepaid prepaid, to each Holder such Holders as their names and addresses appear in the Securities Register within the time prescribed and (2) if any of the Securities affected by such eventevent are Unregistered Securities, or Coupon Securities, such notice shall be sufficiently given (unless otherwise herein expressly provided) if in writing and mailed by first class mail, postage prepaid, to such Holders in the manner and to the extent provided in Section 5.4, and if published in an Authorized Newspaper or Newspapers in such city or cities as may be provided elsewhere in this Indenture or specified as contemplated by Section 3.1 on a Business Day at least twice, the first such Holder’s address as it appears on publication to be not earlier than the Storm Recovery Bond Register, earliest date and not later than the latest date, and not earlier than the earliest date, date prescribed for the giving of such notice. In any case where notice to Holders is given by mail, neither the failure to mail such notice nor any defect in any notice so mailed to any particular Holder shall affect the sufficiency of such notice with respect to other Holders, and any notice that is mailed in the manner herein provided shall conclusively be presumed to have been duly given. Where this Indenture provides for notice in any manner, such notice may be waived in writing by any 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 Indenture Trustee, but such filing shall not be a condition precedent to the validity of any action taken in reliance upon on such a waiver. In caseany case where notice to Holders is given by mail, neither the failure to mail such notice, nor any defect in any notice so mailed to any particular Holder shall affect the sufficiency of such notice with respect to other Holders, and any notice which is mailed in the manner herein provided shall be conclusively presumed to have been duly given. In the event of suspension of regular mail service or for any other reason it shall be impracticable to give such notice to Registered Holders by mail, then such a notification as shall be made to Registered Holders with the approval of the Trustee shall constitute a sufficient notification for every purpose hereunder. In case by reason of the suspension of regular mail service as a result publication of a strike, work stoppage any Authorized Newspaper or similar activity, by reason of any other cause it shall be impractical impracticable to mail publish any notice to Holders of any event Unregistered Securities or of Coupons as provided above then said notification to Holders when such notice is required to be given pursuant to any provision of this Indenture, then any manner Unregistered Securities or of giving such notice Coupons as shall be satisfactory to given with the Indenture approval of the Trustee shall be deemed to be a constitute sufficient giving of such notice. Where this Indenture provides for notice to the Rating Agencies, failure to give such notice shall not affect any other rights or obligations created hereunder and shall not under any circumstance constitute a Default or Event of DefaultHolders for every purpose hereunder.
Appears in 1 contract
Samples: Itt Corp /Nv/
Notices to Holders; Waiver. Where this Indenture provides for notice to Holders of any event, such notice shall be sufficiently given (unless otherwise herein expressly provided) if in writing and mailed, first-classclass postage prepaid, postage prepaid or by overnight air courier guaranteeing next day delivery, to each Holder affected by such event, at such Holder’s address as it appears on in the Storm Recovery Bond Note Register, not later than the latest date, and not earlier than the earliest date, prescribed for the giving of such notice; provided, however, that any notice to a Holder of a global Note will be given in the manner prescribed by DTC or other Depositary. In any case where notice to Holders is given by mail, neither the failure to mail such notice notice, nor any defect in any notice so mailed mailed, to any particular Holder shall affect the sufficiency of such notice with respect to other Holders, and any notice that is mailed in the manner herein provided shall conclusively be presumed to have been duly given. Where this Indenture provides for notice in any manner, such notice may be waived in writing by any 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 Indenture Trustee, but such filing shall not be a condition precedent to the validity of any action taken in reliance upon such a waiver. In case, by reason of the suspension of regular mail service as a result service, or by reason of a strike, work stoppage or similar activityany other cause, it shall be impractical impossible to mail notice of any event of Holders when such notice is as required to be given pursuant to by any provision of this Indenture, then any manner of giving such notice notification as shall be satisfactory made with the approval of the Trustee (such approval not to be unreasonably withheld) shall constitute a sufficient notification for every purpose hereunder. If the Issuers send a notice or communication to Holders, they will send a copy to the Indenture Trustee shall be deemed to be a sufficient giving of such notice. Where this Indenture provides for notice to and each Agent at the Rating Agencies, failure to give such notice shall not affect any other rights or obligations created hereunder and shall not under any circumstance constitute a Default or Event of Defaultsame time.
Appears in 1 contract
Samples: Supplemental Indenture (Sally Beauty Holdings, Inc.)
Notices to Holders; Waiver. Where this Indenture provides for notice to Holders of any event, such notice shall be sufficiently given (unless otherwise herein expressly provided) if in writing and mailed, first-classfirst class postage prepaid, postage prepaid or by overnight air courier guaranteeing next day delivery, to each Holder affected by such event, at such Holder’s address as it appears on in the Storm Recovery Bond Note Register, not later than the latest date, and not earlier than the earliest date, prescribed for the giving of such notice. In any case where notice to Holders is given by mail, neither the failure to mail such notice notice, nor any defect in any notice so mailed mailed, to any particular Holder shall affect the sufficiency of such notice with respect to other Holders, and any notice that is mailed in the manner herein provided shall conclusively be presumed to have been duly given. Where this Indenture provides for notice in any manner, such notice may be waived in writing by any 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 Indenture Trustee, but such filing shall not be a condition precedent to the validity of any action taken in reliance upon such a waiver. In case, by reason of the suspension of regular mail service as a result service, or by reason of a strike, work stoppage or similar activityany other cause, it shall be impractical impossible to mail notice of any event of Holders when such notice is as required to be given pursuant to by any provision of this Indenture, then any manner of giving such notice notification as shall be satisfactory made with the approval of the Trustee (such approval not to be unreasonably withheld) shall constitute a sufficient notification for every purpose hereunder. Notwithstanding any other provision of this Indenture or any Note, where this Indenture or any Note provides for notice of any event (including any notice of redemption) to a Holder of a Global Note (whether by mail or otherwise), such notice shall be sufficiently given if given to the Depositary for such Note (or its designee) pursuant to the customary procedures of such Depositary (including delivery by electronic mail). The Trustee shall have the right to accept and act upon instructions or directions pursuant to this Indenture sent in the form of a manually signed document by unsecured e-mail, facsimile transmission or other similar unsecured electronic methods, provided, however, that the Issuer shall provide to the Trustee an incumbency certificate listing designated persons with the authority to provide such instructions and containing specimen signatures of such designated persons, which incumbency certificate shall be amended 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 that 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. Where this Indenture provides for notice electronic methods to submit instructions and directions to the Rating AgenciesTrustee, failure to give such notice shall not affect any other rights or obligations created hereunder including, without limitation, the risk of the Trustee acting on unauthorized instructions, and shall not under any circumstance constitute a Default or Event the risk of Defaultinterception and misuse by third parties.
Appears in 1 contract
Samples: Indenture (Univar Solutions Inc.)
Notices to Holders; Waiver. Where this Indenture or any Security provides for notice to Holders of any event, (1) if any of the Securities affected by such event are Registered Securities, such notice shall be sufficiently given (unless otherwise herein or in such Securities expressly provided) if in writing and mailed, first-class, postage prepaid prepaid, to each Registered Holder affected by of such eventSecurities, at such Holder’s his address as it appears on the Storm Recovery Bond Registerregistry books of the Company, not later than the latest date, and not earlier than the earliest date, prescribed for the giving of such notice and (2) if any of the Securities affected by such event are Unregistered Securities, such notice shall be sufficiently given (unless otherwise herein or in such Securities expressly provided) if published once in an Authorized Newspaper in the Place of Payment not later than the latest date, and not earlier than the earliest date, prescribed for the giving of such notice. In any case where notice to Holders is given by mail, neither the failure to mail such notice notice, nor any defect in any notice so mailed mailed, to any particular Holder shall affect the sufficiency of such notice with respect to other Holders, and any notice that is mailed in the manner herein provided shall conclusively be presumed to have been duly given. Where this Indenture provides for notice in any manner, such notice may be waived in writing by any 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 Indenture Trustee, but such filing shall not be a condition precedent to the validity of any action taken in reliance upon such a waiver. In case, by reason of the suspension of publication of any Authorized Newspaper, or by reason of any other cause, it shall be impossible to make publication of any notice in one or more Authorized Newspapers as required by any Security or this Indenture, then such method of publication or notification as shall be made with the approval of the Trustee shall constitute a sufficient publication of such notice. 88 80 In case, by reason of the suspension of regular mail service as a result of a strike, work stoppage or similar activityotherwise, it shall be impractical to mail notice of any event to the Holders of Holders Securities 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 Indenture Trustee and the Company shall be deemed to be a sufficient giving of such notice. Where this Indenture provides for notice to the Rating Agencies, failure to give such notice shall not affect any other rights or obligations created hereunder and shall not under any circumstance constitute a Default or Event of Default.
Appears in 1 contract
Notices to Holders; Waiver. Where this Indenture provides for notice to Holders of any event, (1) if any of the Securities affected by such event are Fully Registered Securities, such notice shall be sufficiently given (unless otherwise herein expressly provided) if in writing and mailed, first-classmailed by first class mail, postage prepaid prepaid, to each Holder such Holders as their names and addresses appear in the Securities Register within the time prescribed and (2) if any of the Securities affected by such eventevent are Unregistered Securities, or Coupon Securities, such notice shall be suffi- ciently given (unless otherwise herein expressly provided) if in writing and mailed by first class mail, postage prepaid, to such Holders in the manner and to the extent provided in Section 5.4, and if published in an Authorized Newspaper or Newspapers in such city or cities as may be provided elsewhere in this Indenture or specified as contemplated by Section 3.1 on a Business Day at least twice, the first such Holder’s address as it appears on publication to be not earlier than the Storm Recovery Bond Register, earliest date and not later than the latest date, and not earlier than the earliest date, date prescribed for the giving of such notice. In any case where notice to Holders is given by mail, neither the failure to mail such notice nor any defect in any notice so mailed to any particular Holder shall affect the sufficiency of such notice with respect to other Holders, and any notice that is mailed in the manner herein provided shall conclusively be presumed to have been duly given. Where this Indenture provides for notice in any manner, such notice may be waived in writing by any 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 Indenture Trustee, but such filing shall not be a condition precedent to the validity of any action taken in reliance upon on such a waiver. In caseany case where notice to Holders is given by mail, neither the failure to mail such notice, nor any defect in any notice so mailed to any particular Holder shall affect the sufficiency of such notice with respect to other Holders, and any notice which is mailed in the manner herein provided shall be conclusively presumed to have been duly given. In the event of suspension of regular mail service or for any other reason it shall be impracticable to give such notice to Registered Holders by mail, then such a notification as shall be made to Registered Holders with the approval of the Trustee shall constitute a sufficient notification for every purpose hereunder. In case by reason of the suspension of regular mail service as a result publication of a strike, work stoppage any Authorized Newspaper or similar activity, by reason of any other cause it shall be impractical impracticable to mail publish any notice to Holders of any event Unregistered Securities or of Coupons as provided above then said notification to Holders when such notice is required to be given pursuant to any provision of this Indenture, then any manner Unregistered Securities or of giving such notice Coupons as shall be satisfactory to given with the Indenture approval of the Trustee shall be deemed to be a constitute sufficient giving of such notice. Where this Indenture provides for notice to the Rating Agencies, failure to give such notice shall not affect any other rights or obligations created hereunder and shall not under any circumstance constitute a Default or Event of DefaultHolders for every purpose hereunder.
Appears in 1 contract
Samples: Itt Corp /Nv/
Notices to Holders; Waiver. Where this Indenture or any Security provides for notice to Holders of any event, (1) such notice shall be sufficiently given (unless otherwise herein or in such Security expressly provided) if in writing and mailed, first-class, postage prepaid prepaid, to each Holder of Registered Securities affected by such event, at such Holder’s his address as it appears on in the Storm Recovery Bond Security Register, not later than the latest date, and not earlier than the earliest date, prescribed for the giving of such notice. (2) such notice shall be sufficiently given to Holders of Bearer Securities if published in an Authorized Newspaper in The City of New York and, if the Securities of such series are then listed on the London Stock Exchange and such stock exchange shall so require, in London and, if the Securities of such series are then listed on the Luxembourg Stock Exchange and such stock exchange shall so require, in Luxembourg and, if the Securities of such series are then listed on any other stock exchange and such stock exchange shall so require, in any other required city outside the United States, or, if not practicable, elsewhere in Europe on a Business Day at least twice, the first such publication to be not earlier than the earliest date, and not later than the latest date, prescribed for the giving of such notice. In case by reason of the suspension of regular mail service or by reason of any other cause it shall be impracticable to give such notice to Holders of Registered Securities by mail, then such notification as shall be made with the approval of the Trustee shall constitute a sufficient notification for every purpose hereunder. In any case where notice to Holders of Registered Securities is given by mail, neither the failure to mail such notice notice, nor any defect in any notice so mailed mailed, to any particular Holder of Registered Securities shall affect the sufficiency of such notice with respect to other Holders, and Holders of Registered Securities or the sufficiency of any notice that is by publication to Holders of Bearer Securities given as provided above. In case by reason of the suspension of publication of any Authorized Newspaper or Authorized Newspapers or by reason of any other cause it shall be impracticable to publish any notice to Holders of Bearer Securities as provided above, then such notification to Holders of Bearer Securities as shall be given with the approval of the Trustee shall constitute sufficient notice to such Holders for every purpose hereunder. Neither the failure to give notice by publication to Holders of Bearer Securities as provided above, nor any defect in any notice so published, shall affect the sufficiency of any notice mailed in the manner herein to Holders of Registered Securities as provided shall conclusively be presumed to have been duly givenabove. Where this Indenture provides for notice in any manner, such notice may be waived in writing by any 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 Indenture Trustee, but such filing shall not be a condition precedent to the validity of any action taken in reliance upon such a waiver. In case, by reason of the suspension of regular mail service as a result of a strike, work stoppage or similar activity, it shall be impractical to mail notice of any event of Holders 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 Indenture Trustee shall be deemed to be a sufficient giving of such notice. Where this Indenture provides for notice to the Rating Agencies, failure to give such notice shall not affect any other rights or obligations created hereunder and shall not under any circumstance constitute a Default or Event of DefaultSECTION 1.07.
Appears in 1 contract
Samples: Indenture (First Chicago NBD Corp)
Notices to Holders; Waiver. Where this Indenture provides for notice to Holders of any event, such notice shall be sufficiently deemed to have been given (unless otherwise herein expressly providedi) if in writing and mailed, first-classupon the mailing by first class mail, postage prepaid prepaid, of such notices to each Holder affected by such event, Holders of Notes at such Holder’s address their registered addresses as it appears recorded in the Note Register and (ii) for so long as the Notes are listed on the Storm Recovery Bond RegisterLuxembourg Stock Exchange, upon publication in a leading newspaper of general circulation in Luxembourg, in each case, not later than the latest date, and not earlier than the earliest date, prescribed herein for the giving of such notice. In any case where notice to Holders is given by mail, neither the failure to mail such notice notice, nor any defect in any notice so mailed mailed, to any particular Holder shall affect the sufficiency of such notice with respect to other Holders, and any notice that is mailed in the manner herein provided shall conclusively be presumed to have been duly given. Where this Indenture provides for notice in any manner, such notice may be waived in writing by any 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 Indenture Trustee, but such filing shall not be a condition precedent to the validity of any action taken in reliance upon such a waiver. In case, by reason of the suspension of regular mail service as a result service, or by reason of a strike, work stoppage or similar activityany other cause, it shall be impractical impossible to mail notice of any event of Holders when such notice is as required to be given pursuant to by any provision of this Indenture, then any manner of giving such notice notification as shall be satisfactory to made with the Indenture approval of the Trustee shall be deemed (such approval not to be unreasonably withheld) shall constitute a sufficient giving of such notice. Where this Indenture provides notification for notice to the Rating Agencies, failure to give such notice shall not affect any other rights or obligations created hereunder and shall not under any circumstance constitute a Default or Event of Defaultevery purpose hereunder.
Appears in 1 contract
Samples: Us Office Products Co
Notices to Holders; Waiver. Where Except as otherwise expressly provided herein, where this Indenture provides for notice to Holders of any event, (a) such notice shall be sufficiently given (unless otherwise herein expressly provided) to Holders if in writing and mailed, first-class, first class postage prepaid or via overnight courier (or, in the case of Holders of Global Notes, e-mailed to DTC), to each Holder affected by such event, at the address of such Holder’s address Holder as it appears on in the Storm Recovery Bond Register, not earlier than the earliest date and not later than the latest date, and not earlier than the earliest date, prescribed for the giving of such notice. In any case where notice to Holders is given by mail, neither the failure to mail ; and (b) 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, and any notice that is mailed be in the manner herein provided shall conclusively English language. Such notices will be presumed deemed to have been duly givengiven on the date of such mailing and/or e-mailing. Where this Indenture provides for notice Notwithstanding clause (a) above, a Holder may obtain electronic access to notices given in accordance with clause (a) above by registering through the Collateral Trustee's website located at xxx.xxxxxxxxxxxxx.xxx. Unless otherwise specified herein or in any mannerother Transaction Document, such notice may be waived in writing by any Person entitled to receive such noticeinformation or documents (including, either before without limitation, reports, notices or after the event, and such waiver shall be the equivalent of such notice. Waivers of notice by Holders shall be filed with the Indenture Trustee, but such filing shall not be a condition precedent to the validity of any action taken in reliance upon such a waiver. In case, by reason of the suspension of regular mail service as a result of a strike, work stoppage or similar activity, it shall be impractical to mail notice of any event of Holders when such notice is supplemental indentures) required to be given pursuant provided by the Collateral Trustee to Holders may be provided by notice of, and access to, the Collateral Trustee's website containing such document or information. The Collateral Trustee will deliver to the Holders any provision information or notice relating to this Indenture requested to be so delivered by at least 25% of the Holders of Notes (by Aggregate Outstanding Amount), at the expense of the Issuer; provided that the Collateral Trustee may decline to send any such notice that it reasonably determines to be contrary to (i) any of the terms of this Indenture, then (ii) any manner of giving such notice as shall be satisfactory duty or obligation that the Collateral Trustee may have hereunder or (iii) applicable law. The Collateral Trustee may require the requesting Holders to the Indenture Trustee shall be deemed comply with its standard verification policies in order to be a sufficient giving of such notice. Where this Indenture provides for notice to the Rating Agencies, failure to give such notice shall not affect any other rights or obligations created hereunder and shall not under any circumstance constitute a Default or Event of Defaultconfirm Holder status.
Appears in 1 contract
Samples: Indenture and Security Agreement (Barings Private Credit Corp)
Notices to Holders; Waiver. Where this Indenture provides for notice to Holders of any event, such notice shall be sufficiently given (unless otherwise herein expressly provided) if in writing and mailed, first-classclass postage prepaid, postage prepaid to each Holder affected by such eventHolder, at such Holder’s its address as it appears on in the Storm Recovery Bond Security Register, not later than the latest date, date and not earlier than the earliest date, date prescribed for the giving of such notice. 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 for the purposes of this Indenture. Waivers of notice by Holders shall be filed with the Note Trustee, but such filing shall not be a condition precedent to the validity of any action taken in reliance upon such waiver. In any case where notice to Holders is given by mail, neither the failure to mail such notice notice, nor any defect in any notice so mailed mailed, to any particular Holder shall affect the sufficiency of such notice with respect to other Holders, and any notice that is mailed in the manner herein provided shall be conclusively be presumed to have been duly given. 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 Holders shall be filed with the Indenture Trustee, but such filing shall not be a condition precedent to the validity of any action taken in reliance upon such a waiver. In case, case by reason of the suspension of regular mail service as a result or by reason of a strike, work stoppage or similar activity, any other cause it shall be impractical to mail notice of any event of Holders 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 Indenture Trustee shall be deemed to be a sufficient giving of such notice. Where this Indenture provides for notice to the Rating Agencies, failure impracticable to give such notice by mail, then such notification as shall be made with the consent of the Note Trustee, which consent shall not affect any other rights or obligations created hereunder and be unreasonably withheld, shall not under any circumstance constitute a Default or Event of Defaultsufficient notification to such Holders for every person hereunder.
Appears in 1 contract
Notices to Holders; Waiver. Where this Indenture the Trust Agreement provides for notice to Holders of any event, event such notice shall be sufficiently given (unless otherwise herein expressly provided) if in writing and mailed, first-classclass postage prepaid, postage prepaid to each Holder affected by such event, at such Holder’s his address as it appears on the Storm Recovery Bond Register, not later than the latest date, and not earlier than the earliest date, prescribed for the giving of such notice. In any case where notice to Holders is given by mail, neither the failure to mail such notice notice, nor any defect in any notice so mailed mailed, to any particular Holder shall affect the sufficiency of such notice with respect to other Holders, and any notice that which is mailed in the manner herein provided shall conclusively be presumed to have been duly given. Where this Indenture the Trust 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 Holders shall be filed with the Indenture Trustee, but such filing shall not be a condition precedent to the validity of any action taken in reliance upon such a waiver. In case, by reason of the suspension of regular mail service as a result of a strike, work stoppage or similar activity, it shall be impractical to mail notice of any event of to Holders when such notice is required to be given pursuant to any provision of this Indenturethe Trust Agreement, then any manner of giving such notice as shall be satisfactory to the Indenture Trustee shall be deemed to be a sufficient giving of such notice. Where this Indenture provides for notice to the Rating Agencies, failure to give such notice shall not affect any other rights or obligations created hereunder and shall not under any circumstance constitute a Default or Event of Default.
Appears in 1 contract
Samples: Us Trade Funding Corp
Notices to Holders; Waiver. Where this Indenture provides for notice to Holders of any event, such notice shall be sufficiently given (unless otherwise herein expressly provided) if in writing and mailed, first-classmailed by first- class mail, postage prepaid prepaid, to each Holder affected by such event, at such Holder’s address Holders as it appears their names and addresses appear on the Storm Recovery Bond Register, not later than Securities Register within the latest date, and not earlier than the earliest date, prescribed for the giving of such notice. In any case where notice to Holders is given by mail, neither the failure to mail such notice nor any defect in any notice so mailed to any particular Holder shall affect the sufficiency of such notice with respect to other Holders, and any notice that is mailed in the manner herein provided shall conclusively be presumed to have been duly giventime prescribed. Where this Indenture provides for notice in any manner, such notice may be waived in writing by any 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 Indenture Trustee, but such filing shall not be a condition precedent to the validity of any action taken in reliance upon on such a waiver. In caseany case where notice to Holders is given by mail, neither the failure to mail such notice, nor any defect in any notice so mailed to any particular Holder, shall affect the sufficiency of such notice with respect to other Holders, and any notice which is mailed in the manner herein provided shall be conclusively presumed to have been duly given. In the case by reason of the suspension of regular mail service as a result or by reason of a strike, work stoppage or similar activity, any other cause it shall be impractical impracticable to mail give such notice by mail, then such notification as shall be made with the approval of the Trustee shall constitute a sufficient notification for every purpose hereunder. In case by reason of the suspension of publication of any event Authorized Newspapers or by reason of any other cause it shall be impracticable to publish any notice to Holders when such notice is otherwise required to be given pursuant to any provision of or permitted under this Indenture, then any manner of giving such notice notification as shall be satisfactory to given with the Indenture approval of the Trustee shall be deemed to be a constitute sufficient giving of such notice. Where this Indenture provides for notice to the Rating Agencies, failure to give such notice shall not affect any other rights or obligations created hereunder and shall not under any circumstance constitute a Default or Event of DefaultHolders for every purpose hereunder.
Appears in 1 contract
Samples: Aspen Insurance Holdings LTD
Notices to Holders; Waiver. Where this Indenture Agreement provides for notice to Holders of Registered Securities or Registered Units of any event, such notice shall be sufficiently given (unless otherwise herein expressly providedprovided or as provided in the Letter of Representations) if in writing and mailed, first-classclass postage prepaid, postage prepaid to each such Holder affected by such event, at such Holder’s Holders address as it appears on in the Storm Recovery Bond Registerrelevant Security Registers, with respect to the Securities constituting such Unit, not later than the latest date, and not earlier than the earliest date, prescribed for the giving of such notice. In any case where notice to Holders is given by mail, neither the failure to mail such notice 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, and any notice that is mailed in the manner herein provided shall conclusively be presumed to have been duly given. Where this Indenture Agreement provides for notice in any manner, such notice may be waived in writing by any 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 Indenture TrusteeAgent, but such filing shall not be a condition precedent to the validity of any action taken in reliance upon such a waiver. In case, case by reason of the suspension of regular mail service as a result or by reason of a strike, work stoppage or similar activity, any other cause it shall be impractical impracticable to mail notice of any event of Holders when give such notice is required to be given pursuant to any provision of this Indentureby mail, then any manner of giving such notice notification as shall be satisfactory to made with the Indenture Trustee approval of the Agent shall be deemed to be constitute a sufficient giving of such noticenotification for every purpose hereunder. Where this Indenture Agreement provides for notice to the Rating AgenciesHolders of Unregistered Securities or Unregistered Units of any event, failure to give such notice shall be sufficiently given (unless otherwise specified herein or pursuant to Section 2.03 or 3.02) by publication in a newspaper in the English language of general circulation in the Borough of Manhattan, The City of New York, and in The City of London or, if publication in London is not affect any other rights practical, in an English language newspaper with general circulation in Western Europe. Such notices will be deemed to have been given on the date of such publication, or obligations created hereunder and shall not under any circumstance constitute a Default or Event if published in such newspapers on different dates, on the date of Defaultthe first such publication.
Appears in 1 contract
Notices to Holders; Waiver. Where this Indenture provides for notice to Holders of any event, event such notice shall be sufficiently given (unless otherwise herein expressly provided) if in writing and mailed, first-classclass postage prepaid, postage prepaid or by overnight courier, to each Holder affected by such event, at such Holder’s its address as it appears on the Storm Recovery Bond Note Register, not later than the latest date, and not earlier than the earliest date, prescribed for the giving of such notice. In any case where notice to Holders is given by mail, neither the failure to mail such notice notice, nor any defect in any notice so mailed mailed, to any particular Holder shall affect the sufficiency of such notice with respect to other Holders, and any notice that which is mailed in the manner herein provided by certified or registered mail, with return receipt requested, shall conclusively be presumed to have been duly given. 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 Holders shall be filed with the Indenture Trustee, but such filing shall not be a condition precedent to the validity of any action taken in reliance upon such a waiver. In case, by reason of the suspension of regular mail service as a result of a strike, work stoppage or similar activity, it shall be impractical to mail notice of any event of to Holders 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 Indenture Trustee shall be deemed to be a sufficient giving of such notice. Where this Indenture provides for notice to the Rating Agencies, failure to give such notice shall not affect any other rights or obligations created hereunder and shall not under any circumstance constitute a Default or Event of Default.
Appears in 1 contract
Samples: Indenture (Andersons Inc)
Notices to Holders; Waiver. Where this Indenture provides for notice to Holders of any event, such notice shall be sufficiently given (unless otherwise herein expressly provided) if in writing and mailed, first-classby nationally recognized overnight courier or by first‑class, postage prepaid to each Holder affected by such event, at such Holder’s his address as it appears on the Storm Recovery Bond Note Register, not later than the latest date, and not earlier than the earliest date, prescribed for the giving of such notice. In any case where notice to Holders is given by mail, neither the failure to mail such notice nor any defect in any notice so mailed to any particular Holder shall affect the sufficiency of such notice with respect to other Holders, and any notice that is mailed in the manner herein provided shall conclusively be presumed to have been duly given. 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 Holders shall be filed with the Indenture Trustee, Trustee but such filing shall not be a condition precedent to the validity of any action taken in reliance upon such a waiver. In case, by reason of the suspension of regular mail service as a result of a strike, work stoppage or similar activity, it shall be impractical to mail notice of any event of to Holders 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 Indenture Trustee shall be deemed to be a sufficient giving of such notice. Where this Indenture provides for notice to the Rating AgenciesAgency, failure to give such notice shall not affect any other rights or obligations created hereunder hereunder, and shall not under any circumstance constitute a Default or an Event of Default. Where this Indenture provides for notice of any event (including any notice of redemption) or delivery of any document to any Holder of a Global Note (whether by mail or otherwise), such notice or document shall be sufficiently delivered if delivered to the Depository for such Note (or its designee), according to the applicable procedures of such Depository, if any, prescribed for the delivery of such notice or document.
Appears in 1 contract
Samples: Indenture (St Joe Co)
Notices to Holders; Waiver. (a) Where this Indenture or any Security provides for notice to Holders of any event, such notice shall be sufficiently given (unless otherwise herein or in such Security expressly provided) if in writing and (i) if to the Holder of a non-Global Note, if mailed, first-classclass postage prepaid, postage prepaid or delivered by courier, by hand, by e-mail or by facsimile to each Holder affected by such event, at such Holder’s its address as it appears on in the Storm Recovery Bond Register, or (ii) if to the Holder of a Global Note, to the Depositary in accordance with its applicable procedure in each case, not later than the latest date, and not earlier than the earliest date, prescribed for the giving of such notice. In any case where notice to Holders is given by mail, neither the failure to mail such notice nor any defect in any notice so mailed to any particular Holder shall affect the sufficiency of such notice with respect to other Holders, and any notice that is mailed in the manner herein provided shall conclusively be presumed to have been duly given. Where this Indenture or any Security provides for notice in any manner, such notice may be waived in writing by any 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 Indenture Trustee, but such filing shall not be a condition precedent to the validity of any action taken in reliance upon such a waiver. In case32 (a) the Trustee by any Holder or by the Company or Notes Guarantor shall be sufficient for every purpose hereunder if made, given, furnished or filed in English and in writing to or with the Trustee at its Corporate Trust Office, or (b) (i) the Company by reason the Trustee or by any Holder shall be sufficient for every purpose hereunder (except as otherwise expressly provided herein or, in the case of a request for repayment, as specified in the Security carrying the right to repayment) if in writing and mailed by first class mail, transmitted by e-mail (with acknowledgement of receipt) or facsimile or forwarded by overnight courier to both the Company and the Notes Guarantor and (ii) the Notes Guarantor by the Trustee or by any Holder shall be sufficient for every purpose hereunder (except as otherwise expressly provided herein or, in the case of a request for repayment, as specified in the Security carrying the right to repayment) if in writing and mailed by first class mail, transmitted by e-mail (with acknowledgement of receipt) or facsimile or forwarded by overnight courier to both the Notes Guarantor and the Company, in either case addressed to them at the address of their principal office specified in the first paragraph of this Indenture and below, or at any other address previously furnished in writing to the Trustee by the Company or the Notes Guarantor: Company and Notes Guarantor: e-mail: xxxxxxxx@xxxxx.xxx.xx attention: Paulo Xxxxxxx Xxxxxxx Guimarães The Trustee shall have the right, but shall not be required, to rely upon and comply with instructions and directions sent by e-mail, facsimile and other similar unsecured electronic methods by persons believed by the Trustee to be authorized to give instructions and directions on behalf of the suspension Company or the Notes Guarantor. The Trustee shall have no duty or obligation to verify or confirm that the person who sent such instructions or directions is, in fact, a person authorized to give instructions or directions on behalf of regular mail service the Company or the Notes Guarantor; and the Trustee shall have no liability for any losses, liabilities, costs or expenses incurred or sustained by the Company or the Notes Guarantor as a result of a strike, work stoppage such reliance upon or similar activity, it shall be impractical to mail notice of any event of Holders when compliance with 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 Indenture Trustee shall be deemed to be a sufficient giving of such noticeinstructions or directions. Where this Indenture provides for notice to the Rating Agencies, failure to give such notice shall not affect any other rights or obligations created hereunder and shall not under any circumstance constitute a Default or Event of DefaultSection 106.
Appears in 1 contract
Samples: Energy Co of Minas Gerais
Notices to Holders; Waiver. Where this Indenture or any Security provides for notice to Holders of any event, (1) such notice shall be sufficiently given (unless otherwise herein or in such Security expressly provided) if in writing and mailed, first-class, postage prepaid prepaid, to each Holder of Registered Securities affected by such event, at such Holder’s his address as it appears on in the Storm Recovery Bond Security Register, not later than the latest date, and not earlier than the earliest date, prescribed for the giving of such notice. (2) such notice shall be sufficiently given to Holders of Bearer Securities if published in an Authorized Newspaper in The City of New York and, if the Securities of such series are then listed on The International Stock Exchange of the United Kingdom and the Republic of Ireland Limited and such stock exchange shall so require, in London and, if the Securities of such series are then listed on the Luxembourg Stock Exchange and such stock exchange shall so require, in Luxembourg and, if the Securities of such series are then listed on any other stock exchange and such stock exchange shall so require, in any other required city outside the United States, or, if not practicable, elsewhere in Europe on a Business Day at least twice, the first such publication to be not earlier than the earliest date, and not later than the latest date, prescribed for the giving of such notice. In case by reason of the suspension of regular mail service or by reason of any other cause it shall be impracticable to give such notice to Holders of Registered Securities by mail, then such notification as shall be made with the approval of the Trustee shall constitute a sufficient notification for every purpose hereunder. In any case where notice to Holders of Registered Securities is given by mail, neither the failure to mail such notice notice, nor any defect in any notice so mailed mailed, to any particular Holder of Registered Securities shall affect the sufficiency of such notice with respect to other Holders, and Holders of Registered Securities or the sufficiency of any notice that is mailed in the manner herein by publication to Holders of Bearer Securities given as provided shall conclusively be presumed to have been duly givenabove. 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 Holders shall be filed with the Indenture Trustee, but such filing shall not be a condition precedent to the validity of any action taken in reliance upon such a waiver. In case, by reason of the suspension of regular mail service as a result of a strike, work stoppage or similar activity, it shall be impractical to mail notice of any event of Holders 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 Indenture Trustee shall be deemed to be a sufficient giving of such notice. Where this Indenture provides for notice to the Rating Agencies, failure to give such notice shall not affect any other rights or obligations created hereunder and shall not under any circumstance constitute a Default or Event of Default.20
Appears in 1 contract
Samples: Indenture (First Chicago NBD Corp)
Notices to Holders; Waiver. Where this Indenture provides for notice to Holders of any event, such notice shall be sufficiently given (unless otherwise herein expressly provided) if in writing and mailed, first-classclass postage prepaid, postage prepaid to each Holder affected by such eventHolder, at such Holder’s his address as it appears on the Storm Recovery Bond Debenture Register, not later than the latest date, and not earlier than the earliest date, prescribed for the giving of such notice. In any case where notice to Holders is given by mail, neither the failure to mail such notice notice, nor any defect in any notice so mailed mailed, to any particular Holder shall affect the sufficiency of such notice with respect to other Holders, and any notice that which is mailed in the manner herein provided shall be conclusively be presumed to have been duly given, whether or not received by any particular Holder. Where this Indenture provides for notice in any manner, such notice may be waived in writing by any 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 Indenture Trustee, Trustee but such filing shall not be a condition precedent to the validity of any action taken in reliance upon such a waiver. In case, by reason of the suspension of regular mail service as a result or by reason of a strike, work stoppage or similar activityany other cause, it shall be impractical to mail notice of any event of Holders 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 Indenture Trustee shall be deemed to be a sufficient giving of such notice. Where this Indenture provides for notice to the Rating Agencies, failure impracticable to give such notice by mail, then such notification as shall not affect any other rights or obligations created hereunder and be made with the approval of the Trustee shall not under any circumstance constitute a Default or Event of Defaultsufficient notification for every purpose hereunder.
Appears in 1 contract
Samples: Nordstrom Inc
Notices to Holders; Waiver. Where this Indenture provides for notice to Holders of any event, such notice shall be sufficiently given (unless otherwise herein expressly provided) if in writing and mailed, first-classclass postage prepaid, postage prepaid or by overnight air courier guaranteeing next day delivery, 50 to each Holder affected by such event, at such Holder’s address as it appears on in the Storm Recovery Bond Note Register, not later than the latest date, and not earlier than the earliest date, prescribed for the giving of such notice. In any case where notice to Holders is given by mail, neither the failure to mail such notice notice, nor any defect in any notice so mailed mailed, to any particular Holder shall affect the sufficiency of such notice with respect to other Holders, and any notice that is mailed in the manner herein provided shall conclusively be presumed to have been duly given. Where this Indenture provides for notice in any manner, such notice may be waived in writing by any 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 Indenture Trustee, but such filing shall not be a condition precedent to the validity of any action taken in reliance upon such a waiver. In case, by reason of the suspension of regular mail service as a result service, or by reason of a strike, work stoppage or similar activityany other cause, it shall be impractical impossible to mail notice of any event of Holders when such notice is as required to be given pursuant to by any provision of this Indenture, then any manner of giving such notice notification as shall be satisfactory to made with the Indenture approval of the Trustee shall be deemed (such approval not to be unreasonably withheld) shall constitute a sufficient giving notification for every purpose hereunder. Notwithstanding any other provision of such notice. Where this Indenture or any Note, where this Indenture or any Note provides for notice of any event (including any notice of redemption) to the Rating Agenciesa Holder of a Global Note (whether by mail or otherwise), failure to give such notice shall not affect any other rights be sufficiently given if given to the Depositary for such Note (or obligations created hereunder and shall not under any circumstance constitute a Default or Event its designee) pursuant to the customary procedures of Defaultsuch Depositary (including delivery by electronic mail).
Appears in 1 contract
Samples: Hertz Corp
Notices to Holders; Waiver. Where this Indenture Agreement provides for notice to Holders of Registered Securities or Registered Units of any event, such notice shall be sufficiently given (unless otherwise herein expressly providedprovided or as provided in the Letter of Representations) if in writing and mailed, first-classclass postage prepaid, postage prepaid to each such Holder affected by such event, at such Holder’s 's address as it appears on in the Storm Recovery Bond Registerrelevant Security Registers, with respect to the Securities constituting such Unit, not later than the latest date, and not earlier than the earliest date, prescribed for the giving of such notice. In any case where notice to Holders is given by mail, neither the failure to mail such notice 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, and any notice that is mailed in the manner herein provided shall conclusively be presumed to have been duly given. Where this Indenture Agreement provides for notice in any manner, such notice may be waived in writing by any 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 Indenture TrusteeAgent, but such filing shall not be a condition precedent to the validity of any action taken in reliance upon such a waiver. In case, case by reason of the suspension of regular mail service as a result or by reason of a strike, work stoppage or similar activity, any other cause it shall be impractical impracticable to mail notice of any event of Holders when give such notice is required to be given pursuant to any provision of this Indentureby mail, then any manner of giving such notice notification as shall be satisfactory to made with the Indenture Trustee approval of the Agent shall be deemed to be constitute a sufficient giving of such noticenotification for every purpose hereunder. Where this Indenture Agreement provides for notice to the Rating AgenciesHolders of Unregistered Securities or Unregistered Units of any event, failure to give such notice shall be sufficiently given (unless otherwise specified herein or pursuant to Section 2.3 or 3.2) by publication in a newspaper in the English language of general circulation in the Borough of Manhattan, The City of New York, and in The City of London or, if publication in London is not affect any other rights practical, in an English language newspaper with general circulation in Western Europe. Such notices will be deemed to have been given on the date of such publication, or obligations created hereunder and shall not under any circumstance constitute a Default or Event if published in such newspapers on different dates, on the date of Defaultthe first such publication.
Appears in 1 contract
Notices to Holders; Waiver. Where this Indenture or any Security provides for notice to Holders of any event, (1) if any of the Securities affected by such event are Registered Securities, such notice shall be sufficiently given (unless otherwise herein or in such Securities expressly provided) if in writing and mailed, first-class, postage prepaid prepaid, to each Registered Holder affected by of such eventSecurities, at such Holder’s his address as it appears on the Storm Recovery Bond Registerregistry books of the Company, not later than the latest date, and not earlier than the earliest date, prescribed for the giving of such notice and (2) if any of the Securities affected by such event are Unregistered Securities, such notice shall be sufficiently given (unless otherwise herein or in such Securities expressly provided) if published once in an Authorized Newspaper in the Place of Payment not later than the latest date, and not earlier than the earliest date, prescribed for the giving of such notice. In any case where notice to Holders is given by mail, neither the failure to mail such notice notice, nor any defect in any notice so mailed mailed, to any particular Holder shall affect the sufficiency of such notice with respect to other Holders, and any notice that is mailed in the manner herein provided shall conclusively be presumed to have been duly given. Where this Indenture provides for notice in any manner, such notice may be waived in writing by any 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 Indenture Trustee, but such filing shall not be a condition precedent to the validity of any action taken in reliance upon such a waiver. In case, by reason of the suspension of publication of any Authorized Newspaper, or by masox xx any other cause, it shall be impossible to make publication of any notice in one or more Authorized Newspapers as required by any Security or this Indenture, then such method of publication or notification as shall be made with the approval of the Trustee shall constitute a sufficient publication of such notice. 88 80 In case, by reason of the suspension of regular mail service as a result of a strike, work stoppage or similar activityotherwise, it shall be impractical to mail notice of any event to the Holders of Holders Securities 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 Indenture Trustee and the Company shall be deemed to be a sufficient giving of such notice. Where this Indenture provides for notice to the Rating Agencies, failure to give such notice shall not affect any other rights or obligations created hereunder and shall not under any circumstance constitute a Default or Event of Default.
Appears in 1 contract
Notices to Holders; Waiver. Where this Indenture provides for notice to Holders of any event, such notice shall be sufficiently given (unless otherwise herein expressly provided) if in writing and mailed, first-classclass postage prepaid, postage prepaid or by overnight air courier guaranteeing next day delivery, to each Holder affected by such event, at such Holder’s address as it appears on in the Storm Recovery Bond Note Register, not later than the latest date, and not earlier than the earliest date, prescribed for the giving of such notice. In any case where notice to Holders is given by mail, neither the failure to mail such notice notice, nor any defect in any notice so mailed mailed, to any particular Holder shall affect the sufficiency of such notice with respect to other Holders, and any notice that is mailed in the manner herein provided shall conclusively be presumed to have been duly given. Where this Indenture provides for notice in any manner, such notice may be waived in writing by any 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 Indenture Trustee, but such filing shall not be a condition precedent to the validity of any action taken in reliance upon such a waiver. In case, by reason of the suspension of regular mail service as a result service, or by reason of a strike, work stoppage or similar activityany other cause, it shall be impractical impossible to mail notice of any event of Holders when such notice is as required to be given pursuant to by any provision of this Indenture, then any manner of giving such notice notification as shall be satisfactory to made with the Indenture approval of the Trustee shall be deemed (such approval not to be unreasonably withheld) shall constitute a sufficient giving notification for every purpose hereunder. Nothwithstanding any other provision of such notice. Where this Indenture or any Note, where this Indenture or any Note provides for notice of any event (including any notice of redemption) to the Rating Agenciesa Holder of a Global Note (whether by mail or otherwise), failure to give such notice shall not affect any other rights be sufficiently given if given to the Depositary for such Note (or obligations created hereunder and shall not under any circumstance constitute a Default or Event its designee) pursuant to the customary procedures of Defaultsuch Depositary.
Appears in 1 contract
Samples: Great North Imports, LLC
Notices to Holders; Waiver. Where this Indenture provides for notice to Holders of any event, such notice shall be sufficiently given (unless otherwise herein expressly provided) if in writing and mailed, mailed by first-classclass mail, postage prepaid prepaid, to each Holder affected by such event, at such Holder’s address Holders as it appears their names and addresses appear on the Storm Recovery Bond RegisterSecurities Register within the time prescribed. 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 Note (or its designee), pursuant to its Applicable Procedures, not later than the latest datedate (if any), and not earlier than the earliest datedate (if any), prescribed for the giving of such notice. In any case where notice to Holders is given by mail, neither the failure to mail such notice nor any defect in any notice so mailed to any particular Holder shall affect the sufficiency of such notice with respect to other Holders, and any notice that is mailed in the manner herein provided shall conclusively be presumed to have been duly given. Where this Indenture provides for notice in any manner, such notice may be waived in writing by any 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 Indenture Trustee, but such filing shall not be a condition precedent to the validity of any action taken in reliance upon on such a waiver. In caseany case where notice to Holders is given by mail, neither the failure to mail such notice, nor any defect in any notice so mailed to any particular Holder, shall affect the sufficiency of such notice with respect to other Holders, and any notice which is mailed in the manner herein provided shall be conclusively presumed to have been duly given. In the case by reason of the suspension of regular mail service as a result or by reason of a strike, work stoppage or similar activity, any other cause it shall be impractical impracticable to mail give such notice by mail, then such notification as shall be made with the approval of the Trustee shall constitute a sufficient notification for every purpose hereunder. In case by reason of the suspension of publication of any event Authorized Newspapers or by reason of any other cause it shall be impracticable to publish any notice to Holders when such notice is otherwise required to be given pursuant to any provision of or permitted under this Indenture, then any manner of giving such notice notification as shall be satisfactory given with the approval of the Trustee shall constitute sufficient notice to such Holders for every purpose hereunder. The Trustee agrees to accept and act upon instructions or directions pursuant to this Indenture sent by unsecured e-mail, pdf, facsimile transmission or other similar unsecured electronic methods, provided, however, that the Indenture 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 Company 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 Company agrees to be a sufficient giving assume all risks arising out of the use of such notice. Where this Indenture provides for notice electronic methods to submit instructions and directions to the Rating AgenciesTrustee, failure to give such notice shall not affect any other rights or obligations created hereunder including without limitation the risk of the Trustee acting on unauthorized instructions, and shall not under any circumstance constitute a Default or Event the risk of Defaultinterception and misuse by third parties.
Appears in 1 contract
Samples: Indenture (Sirius International Insurance Group, Ltd.)
Notices to Holders; Waiver. Where this Indenture or any Note provides for notice to Holders of any event, such notice shall be sufficiently given (unless otherwise herein or in such Note expressly provided) if in writing and mailed, first-classclass postage prepaid, postage prepaid sent electronically, if the Notes are held in DTC, by facsimile or emailed, to each Holder affected by such event, at such Holder’s his address as it appears on in the Storm Recovery Bond Registersecurity register for the Notes, not later than the latest date, and not earlier than the earliest date, prescribed for the giving of such notice. In any case where notice to Holders is given by mail, neither the failure to mail such notice notice, nor any defect in any notice so mailed mailed, to any particular Holder shall affect the sufficiency of such notice with respect to other Holders, and any notice that is mailed in the manner herein provided shall conclusively be presumed to have been duly given. Where this Indenture or any Note provides for notice in any manner, such notice may be waived in writing by any 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 Indenture Trustee, but such filing shall not be a condition precedent to the validity of any action taken in reliance upon such a waiver. In case, by reason of the suspension of regular mail service as a result of a strike, work stoppage or similar activityotherwise, it shall be impractical to mail notice of any event of Holders to any Holder when such notice is required to be given pursuant to any provision of this Indenture, then any manner method of giving such notice notification as shall be satisfactory to the Indenture Trustee and the Company shall be deemed to be a sufficient giving of such notice. Where this Indenture provides for notice to the Rating Agencies, failure to give such notice shall not affect any other rights or obligations created hereunder and shall not under any circumstance constitute a Default or Event of Default.
Appears in 1 contract
Samples: Indenture (Dana Inc)
Notices to Holders; Waiver. Where Except as otherwise expressly provided herein, where this Indenture Pass Through Trust Agreement provides for notice to Holders of any event, such notice shall be sufficiently given (unless otherwise herein expressly provided) if in writing and mailed, first-classclass postage prepaid, postage prepaid to each Holder affected by such event, at such Holder’s 's address as it appears on in the Storm Recovery Bond Register, not later than the latest date, and not earlier than the earliest date, prescribed for the giving of such notice. In case by reason of the suspension of regular mail service or by reason of any case where other cause it shall be impracticable to give such notice to Holders is given Holders, then such notification as shall be made by mailovernight courier, neither the failure to mail such notice nor any defect or in any notice so mailed other manner acceptable to any particular Holder the Pass Through Trustee, shall affect the sufficiency of such notice with respect to other Holders, and any notice that is mailed in the manner herein provided shall conclusively be presumed to have been duly givenconstitute a sufficient notification for every purpose hereunder. Where this Indenture Pass Through Trust Agreement provides for notice in any manner, such notice may be waived in writing by any 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 Indenture Pass Through Trustee, but such filing shall not be a condition precedent to the validity of any action taken in reliance upon such a waiver. In caseany case where notice to Holders is given by mail, by reason 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 any other Holder, and any notice which is mailed in the suspension of regular mail service as a result of a strike, work stoppage or similar activity, it manner herein provided shall be impractical conclusively presumed to mail notice of any event of Holders 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 Indenture Trustee shall be deemed to be a sufficient giving of such notice. Where this Indenture provides for notice to the Rating Agencies, failure to give such notice shall not affect any other rights or obligations created hereunder and shall not under any circumstance constitute a Default or Event of Defaulthave been duly given.
Appears in 1 contract
Notices to Holders; Waiver. Where Any notice required or permitted to a Registered Holder by the Company or the Trustee pursuant to the provisions of this Indenture provides for notice shall be deemed to Holders be properly mailed by being deposited postage prepaid in a post office letter box in the United States addressed to such Holder at the address of such Holder as shown on the Debt Security Register. Any report pursuant to Section 313 of the Trust Indenture Act shall be transmitted in compliance with subsection (c) therein. In the event of suspension of regular mail service or by reason of any event, such notice other cause it shall be sufficiently impracticable to give notice by mail, then such notification as shall be given (unless otherwise herein expressly provided) with the approval of the Trustee shall constitute sufficient notice for every purpose hereunder. Any notice required or permitted to a Bearer Holder by the Company or the Trustee pursuant to this Indenture shall be deemed to be properly given if published on two separate business days in writing and mailedan Authorized Newspaper or Newspapers in such Place or Places of Payment specified pursuant to Section 2.03, first-class, postage prepaid the first such publication to each Holder affected by such event, at such Holder’s address as it appears on the Storm Recovery Bond Register, not later than the latest date, and be not earlier than the earliest date, date and not later than two business days prior to the latest date prescribed for the giving of such notice. In Notwithstanding the foregoing, any case where notice to Holders of Floating Rate Debt Securities regarding the determination of a periodic rate of interest, if such notice is required pursuant to Section 2.03, shall be sufficiently given if given in the manner specified pursuant to Section 2.03. In the event of suspension of publication of any Authorized Newspaper or by mailreason of any other cause it shall be impracticable to give notice by publication, neither then such notification as shall be given with the failure approval of the Trustee shall constitute sufficient notice for every purpose hereunder. Failure to mail such a notice nor or communication to a Holder or any defect in it or any defect in any notice so mailed by publication as to any particular a Holder shall not affect the sufficiency of such notice with respect to other Holders, and any . If a notice that or communication is mailed or published in the manner herein provided shall above, it is conclusively be presumed to have been duly given. Where this Indenture or any Debt Security provides for notice in any manner, such notice may be waived in writing by any 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 Indenture Trustee, but such filing shall not be a condition precedent to the validity of any action taken in reliance upon such a waiver. In case, by reason of the suspension of regular mail service as a result of a strike, work stoppage or similar activity, it shall be impractical to mail notice of any event of Holders 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 Indenture Trustee shall be deemed to be a sufficient giving of such notice. Where this Indenture provides for notice to the Rating Agencies, failure to give such notice shall not affect any other rights or obligations created hereunder and shall not under any circumstance constitute a Default or Event of Default.
Appears in 1 contract
Samples: Pioneer Natural Resources Co
Notices to Holders; Waiver. Where this Indenture provides for notice to Holders of any event, such notice shall be sufficiently given (unless otherwise herein expressly provided) if in writing and mailed, first-classclass postage prepaid, postage prepaid to each Holder affected by such event, event at such Holder’s his address as it appears on the Storm Recovery Bond Register, Note Register not later than the latest date, and not earlier than the earliest date, prescribed for the giving of such notice. In any case where notice to Holders is given by mail, neither the failure to mail such notice notice, nor any defect in any notice so mailed mailed, to any particular Holder shall affect the sufficiency of such notice with respect to other Holders, and any notice that is mailed in the manner herein provided shall conclusively be presumed to have been duly given. 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 Holders shall be filed with the Indenture Trustee, but such filing shall not be a condition precedent to the validity of any action taken in reliance upon such a waiver. In casethe event that, by reason of the suspension of regular mail service as a result of a strike, work stoppage or similar activity, it shall be impractical to mail notice of any event of to Holders 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 that is satisfactory to the Indenture Trustee shall be deemed to be a sufficient giving of such notice. Where this Indenture provides for notice to the Rating Agencies, failure to give such notice shall not affect any other rights or obligations created hereunder and shall not under any circumstance constitute a Default or Event of Default.
Appears in 1 contract
Samples: Trust Indenture and Security Agreement (Commercial Assets Inc)
Notices to Holders; Waiver. Where Except as otherwise expressly provided herein, where this Indenture or a Class A-L Loan Agreement provides for notice to Holders of any event, : (a) such notice shall be sufficiently given (unless otherwise herein expressly provided) to Holders if in writing and mailed, firstfirst class postage prepaid, or by overnight delivery service (or, in the case of Holders of Global Notes, e-classmailed to DTC), postage prepaid to each Holder affected by such event, at the address of such Holder’s address Holder as it appears on in the Storm Recovery Bond Register, applicable Register not earlier than the earliest date and not later than the latest date, and not earlier than the earliest date, date prescribed for the giving of such notice; (b) for so long as any Debt is listed on Euronext Dublin and the listing guidelines of Euronext Dublin so require, notices to the Holders of such Debt shall also be sent to Euronext Dublin; and (c) such notice shall be in the English language. In any case where Any such notices shall be deemed to have been given on the date of such mailing, transmission or posting, as applicable. Notwithstanding clause (a) above, a Holder may give the Trustee a written notice that it is requesting that notices to Holders is it be given by electronic mail or by facsimile transmissions and stating the electronic mail address or facsimile number for such transmission. Thereafter, the Trustee shall give notices to such Holder by electronic mail or facsimile transmission, as so requested; provided that if such notice also requests that notices be given by mail, neither then such notice shall also be given by mail in accordance with clause (a) above. In lieu of the foregoing, notices for Holders may also be posted to the Trustee’s website. Subject to the requirements of Section 14.15, the Trustee will deliver to the Holders any information or notice relating to this Indenture requested to be so delivered by at least 25% of the Holders of any Class of Debt (by Aggregate Outstanding Amount), at the expense of the Issuer; provided that the Trustee may decline to send any such notice that it reasonably determines to be contrary to (i) any of the terms of this Indenture, (ii) any duty or obligation that the Trustee may have hereunder or (iii) applicable law. The Trustee may require the requesting Holders to comply with its standard verification policies in order to confirm Debtholder status. Neither the failure to mail such notice or otherwise deliver any notice, nor any defect in any notice so mailed or otherwise delivered, to any particular Holder shall affect the sufficiency of such notice with respect to other Holders. In case by reason of the suspension of regular mail service as a result of a strike, and work stoppage or similar activity or by reason of any other cause it shall be impracticable to give such notice that by mail of any event to Holders when such notice is mailed in required to be given pursuant to any provision of this Indenture, then such notification to Holders as shall be made with the manner herein provided approval of the Trustee shall conclusively be presumed constitute a sufficient notification to have been duly givensuch Holders for every purpose hereunder. 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 Holders shall be filed with the Indenture Trustee, but such filing shall not be a condition precedent to the validity of any action taken in reliance upon such a waiver. In case, by reason of the suspension of regular mail service as a result of a strike, work stoppage or similar activity, it shall be impractical to mail notice of any event of Holders 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 Indenture Trustee shall be deemed to be a sufficient giving of such notice. Where this Indenture provides for notice to the Rating Agencies, failure to give such notice shall not affect any other rights or obligations created hereunder and shall not under any circumstance constitute a Default or Event of Default.the
Appears in 1 contract
Samples: Indenture and Security Agreement (Nuveen Churchill Direct Lending Corp.)
Notices to Holders; Waiver. Where this Indenture provides for notice to Holders of any event, such notice shall be sufficiently given (unless otherwise herein expressly provided) if in writing and mailed, first-classmailed by first class mail, postage prepaid prepaid, to each Holder affected by such eventHolders in the manner and the extent provided in Section 313(c) of the TIA and if published in an Authorized Newspaper or Newspapers, at the expense of the Company, in such Holder’s address city or cities as it appears may be provided elsewhere in this Indenture on at least two Business Days, the Storm Recovery Bond Register, first such publication to be not earlier than the earliest date and not later than the latest date, and not earlier than the earliest date, date prescribed for the giving of such notice. In any case where notice to Holders is given by mail, neither the failure to mail such notice nor any defect in any notice so mailed to any particular Holder shall affect the sufficiency of such notice with respect to other Holders, and any notice that is mailed in the manner herein provided shall conclusively be presumed to have been duly given. Where this Indenture provides for notice in any manner, such notice may be waived in writing by any 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 Indenture Trustee, but such filing shall not be a condition precedent to the validity of any action taken in reliance upon on such a waiver. In caseany case where notice to Holders is given by mail, neither the failure to mail such notice, nor any defect in any notice so mailed to any particular Holder shall affect the sufficiency of such notice with respect to other Holders, and any notice which is mailed in the manner herein provided shall be conclusively presumed to have been duly given. In the event of suspension of regular mail service or if for any other reason it shall be impracticable to give such notice to Holders by mail, then such a notification as shall be made to Holders with the approval of the Trustee shall constitute a sufficient notification for every purpose hereunder. In case by reason of the suspension of regular mail service as a result publication of a strike, work stoppage any Authorized Newspaper or similar activityby reason of any other cause, it shall be impractical impracticable to mail publish any notice of any event of to Holders when such notice is required to be given pursuant to any provision of this Indentureas provided above, then any manner of giving such notice said notification to Holders as shall be satisfactory to given with the Indenture approval of the Trustee shall be deemed to be a constitute sufficient giving of such notice. Where this Indenture provides for notice to the Rating Agencies, failure to give such notice shall not affect any other rights or obligations created hereunder and shall not under any circumstance constitute a Default or Event of DefaultHolders for every purpose hereunder.
Appears in 1 contract
Samples: PNC Financial Services Group Inc
Notices to Holders; Waiver. Where this Indenture provides for notice to Holders of any event, such notice shall be sufficiently given (unless otherwise herein expressly provided) if in writing and mailed, first-classfirst class postage prepaid, postage prepaid to each Holder affected by such event, event at such Holder’s his address as it appears on in the Storm Recovery Bond Register, Senior Note Register not later than the latest date, date and not earlier than the earliest date, date prescribed for the giving of such notice. In any case where notice to Holders is given by mail, neither the failure to mail such notice notice, nor any defect in any notice so mailed mailed, to any particular Holder shall affect the sufficiency of such notice with respect to other Holders, and any . Any notice that is mailed when deposited for mailing to a Holder in the aforesaid manner herein provided shall conclusively be presumed to have been duly givenreceived by such Holder whether or not actually received by such Holder. Where this Indenture provides for notice in any manner, such notice may be waived in writing by any 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 Indenture Trustee, but such filing shall not be a condition precedent to the validity of any action taken in reliance upon such a waiver. In case, case by reason of the suspension of regular mail service as a result or by reason of a strike, work stoppage or similar activityany other cause, it shall be impractical impracticable to mail notice of any event of Holders when such notice is as required to be given pursuant to by any provision of this Indenture, then any manner method of giving such notice as shall be satisfactory to the Indenture Trustee shall be deemed to be a sufficient giving of such notice. Where this Indenture provides for notice to the Rating Agencies, failure to give such notice shall not affect any other rights or obligations created hereunder and shall not under any circumstance constitute a Default or Event of Default.
Appears in 1 contract
Samples: Indenture (Sea Containers LTD /Ny/)
Notices to Holders; Waiver. Where this Indenture or any Security provides for notice to Holders of any event, (a) if any of the Securities affected by such event are Registered Securities, such notice shall be sufficiently given (unless otherwise herein or in such Securities expressly provided) if in writing and mailed, first-class, postage prepaid prepaid, to each Registered Holder affected by of such eventSecurities, at such Holder’s his address as it appears on the Storm Recovery Bond Registerregistry books of the Company, not later than the latest date, and not earlier than the earliest date, prescribed for the giving of such notice, and (b) if any of the Securities affected by such event are Unregistered Securities, such notice shall be sufficiently given (unless otherwise herein or in such Securities expressly provided) if published once in an Authorized Newspaper in the Place of Payment not later than the latest date, and not earlier than the earliest date, prescribed for the giving of such notice. In any case where notice to Holders is given by mail, neither the failure to mail such notice notice, nor any defect in any notice so mailed mailed, to any particular Holder shall affect the sufficiency of such notice with respect to other Holders, and any notice that is mailed in the manner herein provided shall conclusively be presumed to have been duly given. Where this Indenture provides for notice in any manner, such notice may be waived in writing by any 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 Indenture Trustee, but such filing shall not be a condition precedent to the validity of any action taken in reliance upon such waiver. The Trustee shall deliver to the Company a waivercopy of any notice delivered by the Trustee to the Holders hereunder concurrently with the delivery of such notice to the Holders. In case, by reason of the suspension of publication of any Authorized Newspaper, or by reason of any other cause, it shall be impossible to make publication of any notice in one or more Authorized Newspapers as required by any Security or this Indenture, then such method of publication or notification as shall be made with the approval of the Trustee shall constitute a sufficient publication of such notice. In case, by reason of the suspension of regular mail service as a result of a strike, work stoppage or similar activityotherwise, it shall be impractical to mail notice of any event to the Holders of Holders Securities 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 Indenture Trustee and the Company shall be deemed to be a sufficient giving of such notice. Where this Indenture provides for notice to the Rating Agencies, failure to give such notice shall not affect any other rights or obligations created hereunder and shall not under any circumstance constitute a Default or Event of Default.
Appears in 1 contract
Samples: Equistar Funding Corp
Notices to Holders; Waiver. Where this Indenture or any Security provides for notice to Holders of any event, (1) such notice shall be sufficiently given (unless otherwise herein or in such Security expressly provided) if in writing and mailed, first-class, postage prepaid prepaid, to each Holder of Registered Securities affected by such event, at such Holder’s his address as it appears on in the Storm Recovery Bond Security Register, not later than the latest date, and not earlier than the earliest date, prescribed for the giving of such notice. (2) such notice shall be sufficiently given to Holders of Bearer Securities if published in an Authorized Newspaper in The City of New York and, if the Securities of such series are then listed on The International Stock Exchange of the United Kingdom and the Republic of Ireland Limited and such stock exchange shall so require, in London and, if the Securities of such series are then listed on the Luxembourg Stock Exchange and such stock exchange shall so require, in Luxembourg and, if the Securities of such series are then listed on any other stock exchange and such stock exchange shall so require, in any other required city outside the United States, or, if not practicable, elsewhere in Europe on a Business Day at least twice, the first such publication to be not earlier than the earliest date, and not later than the latest date, prescribed for the giving of such notice. In case by reason of the suspension of regular mail service or by reason of any other cause it shall be impracticable to give such notice to Holders of Registered Securities by mail, then such notification as shall be made with the approval of the Trustee shall constitute a sufficient notification for every purpose hereunder. In any case where notice to Holders of Registered Securities is given by mail, neither the failure to mail such notice notice, nor any defect in any notice so mailed mailed, to any particular Holder of Registered Securities shall affect the sufficiency of such notice with respect to other Holders, and Holders of Registered Securities or the sufficiency of any notice that is by publication to Holders of Bearer Securities given as provided above. In case by reason of the suspension of publication of any Authorized Newspaper or Authorized Newspapers or by reason of any other cause it shall be impracticable to publish any notice to Holders of Bearer Securities as provided above, then such notification to Holders of Bearer Securities as shall be given with the approval of the Trustee shall constitute sufficient notice to such Holders for every purpose hereunder. Neither the failure to give notice by publication to Holders of Bearer Securities as provided above, nor any defect in any notice so published, shall affect the sufficiency of any notice mailed in the manner herein to Holders of Registered Securities as provided shall conclusively be presumed to have been duly givenabove. Where this Indenture provides for notice in any manner, such notice may be waived in writing by any 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 Indenture Trustee, but such filing shall not be a condition precedent to the validity of any action taken in reliance upon such a waiver. In case, by reason of the suspension of regular mail service as a result of a strike, work stoppage or similar activity, it shall be impractical to mail notice of any event of Holders 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 Indenture Trustee shall be deemed to be a sufficient giving of such notice. Where this Indenture provides for notice to the Rating Agencies, failure to give such notice shall not affect any other rights or obligations created hereunder and shall not under any circumstance constitute a Default or Event of DefaultSECTION 1.07.
Appears in 1 contract
Samples: First Chicago NBD Capital Iv
Notices to Holders; Waiver. Where Any notice required or permitted to a Registered Holder by the Company or the Trustee pursuant to the provisions of this Indenture provides for notice shall be deemed to Holders be properly mailed by being deposited postage prepaid in a post office letter box in the United States addressed to such Holder at the address of such Holder as shown on the Debt Security Register. Any report pursuant to Section 313 of the Trust Indenture Act shall be transmitted in compliance with subsection (c) therein. In the event of suspension of regular mail service or by reason of any event, such notice other cause it shall be sufficiently impracticable to give notice by mail, then such notification as shall be given (unless otherwise herein expressly provided) with the approval of the Trustee shall constitute sufficient notice for every purpose hereunder. Any notice required or permitted to a Bearer Holder by the Company or the Trustee pursuant to this Indenture shall be deemed to be properly given if published on two separate business days in writing and mailedan Authorized Newspaper or Newspapers in such Place or Places of Payment specified pursuant to Section 2.03, first-class, postage prepaid the first such publication to each Holder affected by such event, at such Holder’s address as it appears on the Storm Recovery Bond Register, not later than the latest date, and be not earlier than the earliest date, date and not later than two business days prior to the latest date prescribed for the giving of such notice. In the event of suspension of publication of any case where Authorized Newspaper or by reason of any other cause it shall be impracticable to give notice to Holders is by publication, then such notification as shall be given by mail, neither with the failure approval of the Trustee shall constitute sufficient notice for every purpose hereunder. Failure to mail such a notice nor or communication to a Holder or any defect in it or any defect in any notice so mailed by publication as to any particular a Holder shall not affect the sufficiency of such notice with respect to other Holders, and any . If a notice that or communication is mailed or published in the manner herein provided shall above, it is conclusively be presumed to have been duly given. Where this Indenture or any Debt Security provides for notice in any manner, such notice may be waived in writing by any 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 Indenture Trustee, but such filing shall not be a condition precedent to the validity of any action taken in reliance upon such a waiver. In case, by reason of the suspension of regular mail service as a result of a strike, work stoppage or similar activity, it shall be impractical to mail notice of any event of Holders 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 Indenture Trustee shall be deemed to be a sufficient giving of such notice. Where this Indenture provides for notice to the Rating Agencies, failure to give such notice shall not affect any other rights or obligations created hereunder and shall not under any circumstance constitute a Default or Event of Default.
Appears in 1 contract
Samples: Pioneer Natural Resources Co
Notices to Holders; Waiver. Where this Indenture provides for notice to Holders of any event, (1) if any of the Securities affected by such event are Fully Registered Securities, such notice shall be sufficient]y given (unless otherwise herein expressly provided) if in writing and mailed by first class mail, postage prepaid, to such Holders as their names and addresses appear in the Securities Register within the time prescribed and (2) if any of the Securities affected by such event are Unregistered Securities, or Coupon Securities, such notice shall be sufficiently given (unless otherwise herein expressly provided) if in writing and mailed, first-classmailed by first class mail, postage prepaid prepaid, to each Holder affected such Holders in the manner and to the extent provided in Section 6.4, and if published in an Authorized Newspaper or Newspapers in such city or cities as may be provided elsewhere in this Indenture or specified as contemplated by Section 3.1 on a Business Day at least twice, the first such event, at such Holder’s address as it appears on publication to be not earlier than the Storm Recovery Bond Register, earliest date and not later than the latest date, and not earlier than the earliest date, date prescribed for the giving of such notice. In any case where notice to Holders is given by mail, neither the failure to mail such notice nor any defect in any notice so mailed to any particular Holder shall affect the sufficiency of such notice with respect to other Holders, and any notice that is mailed in the manner herein provided shall conclusively be presumed to have been duly given. Where this Indenture provides for notice in any manner, such notice may be waived in writing by any 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 Indenture Trustee, but such filing shall not be a condition precedent to the validity of any action taken in reliance upon on such a waiver. In caseany case where notice to Holders is given by mail, neither the failure to mail such notice, nor any defect in any notice so mailed to any particular Holder shall affect the sufficiency of such notice with respect to other Holders, and any notice which is mailed in the manner herein provided shall be conclusively presumed to have been duly given. In the event of suspension of regular mail service or for any other reason it shall be impracticable to give such notice to Registered Holders by mail, then such a notification as shall be made to Registered Holders with the approval of the Trustee shall constitute a sufficient notification for every purpose hereunder. In case by reason of the suspension of regular mail service as a result publication of a strike, work stoppage any Authorized Newspaper or similar activity, by reason of any other cause it shall be impractical impracticable to mail publish any notice to Holders of any event Unregistered Securities or of Coupons as provided above then said notification to Holders when such notice is required to be given pursuant to any provision of this Indenture, then any manner Unregistered Securities or of giving such notice Coupons as shall be satisfactory to given with the Indenture approval of the Trustee shall be deemed to be a constitute sufficient giving of such notice. Where this Indenture provides for notice to the Rating Agencies, failure to give such notice shall not affect any other rights or obligations created hereunder and shall not under any circumstance constitute a Default or Event of DefaultHolders for every purpose hereunder.
Appears in 1 contract
Samples: Itt Corp
Notices to Holders; Waiver. Where this Indenture or any Security provides for notice to Holders of any event, (a) if any of the Securities affected by such event are Registered Securities, such notice shall be sufficiently given (unless otherwise herein or in such Securities expressly provided) if in writing and mailed, first-class, postage prepaid prepaid, to each Registered Holder affected by of such eventSecurities, at such Holder’s his address as it appears on the Storm Recovery Bond Registerregistry books of the Company, not later than the latest date, and not earlier than the earliest date, prescribed for the giving of such notice, and (b) if any of the Securities affected by such event are Unregistered Securities, such notice shall be sufficiently given (unless otherwise herein or in such Securities expressly provided) if published once in an Authorized Newspaper in the Place of Payment not later than the latest date, and not earlier than the earliest date, prescribed for the giving of such notice. In any case where notice to Holders is given by mail, neither the failure to mail such notice notice, nor any defect in any notice so mailed mailed, to any particular Holder shall affect the sufficiency of such notice with respect to other Holders, and any notice that is mailed in the manner herein provided shall conclusively be presumed to have been duly given. Where this Indenture provides for notice in any manner, such notice may be waived in writing by any 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 Indenture Trustee, but such filing shall not be a condition precedent to the validity of any action taken in reliance upon such waiver. In case, by reason of the suspension of publication of any Authorized Newspaper, or by reason of any other cause, it shall be impossible to make publication of any notice in one or more Authorized Newspapers as required by any Security or this Indenture, then such method of publication or notification as shall be made with the approval of the Trustee shall constitute a waiversufficient publication of such notice. In case, by reason of the suspension of regular mail service as a result of a strike, work stoppage or similar activityotherwise, it shall be impractical to mail notice of any event to the Holders of Holders Securities 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 Indenture Trustee and the Company shall be deemed to be a sufficient giving of such notice. Where this Indenture provides for notice to the Rating Agencies, failure to give such notice shall not affect any other rights or obligations created hereunder and shall not under any circumstance constitute a Default or Event of Default.
Appears in 1 contract
Samples: Indenture (Lyondell Chemical Co)
Notices to Holders; Waiver. Where this Indenture Agreement provides for notice to Holders of Registered Securities or Registered Units of any event, such notice shall be sufficiently given (unless otherwise herein expressly providedprovided or as provided in the Letter of Representations) if in writing and mailed, first-classclass postage prepaid, postage prepaid to each such Holder affected by such event, at such Holder’s 's address as it appears on in the Storm Recovery Bond Registerrelevant Security Registers, with respect to the Securities constituting such Unit, not later than the latest date, and not earlier than the earliest date, prescribed for the giving of such notice. In any case where notice to Holders is given by mail, neither the failure to mail such notice 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, and any notice that is mailed in the manner herein provided shall conclusively be presumed to have been duly given. Where this Indenture Agreement provides for notice in any manner, such notice may be waived in writing by any 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 Indenture TrusteeAgent, but such filing shall not be a condition precedent to the validity of any action taken in reliance upon such a waiver. In case, case by reason of the suspension of regular mail service as a result or by reason of a strike, work stoppage or similar activity, any other cause it shall be impractical impracticable to mail notice of any event of Holders when give such notice is required to be given pursuant to any provision of this Indentureby mail, then any manner of giving such notice notification as shall be satisfactory to made with the Indenture Trustee approval of the Agent shall be deemed to be constitute a sufficient giving of such noticenotification for every purpose hereunder. Where this Indenture Agreement provides for notice to the Rating AgenciesHolders of Unregistered Securities or Unregistered Units of any event, failure to give such notice shall be sufficiently given (unless otherwise specified herein or pursuant to Section 2.03 or 3.02) either (i) through the customary notice provisions of the clearing system or systems through which beneficial interests in such Unregistered Securities or Unregistered Units are owned or (b) by publication in a newspaper in the English language of general circulation in the Borough of Manhattan, The City of New York, and in The City of London or, if publication in London is not affect any other rights practical, in an English language newspaper with general circulation in Western Europe. Such notices will be deemed to have been given on the date of such publication, or obligations created hereunder and shall not under any circumstance constitute a Default or Event if published in such newspapers on different dates, on the date of Defaultthe first such publication.
Appears in 1 contract
Samples: Unit Agreement (Morgan Stanley)
Notices to Holders; Waiver. Where this Indenture provides for notice to Holders of any event, such notice shall be sufficiently given (unless otherwise herein expressly provided) if in writing and mailed, first-classclass postage prepaid, postage prepaid to each Holder affected by such event, at such Holder’s his address as it appears on in the Storm Recovery Bond Securities Register, not later than the latest date, and not earlier than the earliest date, prescribed for the giving of such notice. In any case where notice to Holders is given by mail, neither the failure to mail such notice notice, nor any defect in any notice so mailed mailed, to any particular Holder shall affect the sufficiency of such notice with respect to other Holders, and any notice that is mailed in the manner herein provided shall conclusively be presumed to have been duly given. Where this Indenture provides for notice in any manner, such notice may be waived in writing by any 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 Indenture Trustee, but such filing shall not be a condition precedent to the validity of any action taken in reliance upon such a waiver. In case, case by reason of the suspension of regular mail service as a result service, or by reason of a strike, work stoppage or similar activityany other cause, it shall be impractical impracticable to mail give notice of any event of Holders when such notice is as required to be given pursuant to any provision of by this Indenture, then any manner such method of giving such notice notification as shall be satisfactory to made with the Indenture approval of the Trustee shall be deemed to be constitute a sufficient giving of such noticenotice for every purpose hereunder. 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 Rating Agencies, failure to give validity of any action taken in reliance upon such notice shall not affect any other rights or obligations created hereunder and shall not under any circumstance constitute a Default or Event of Defaultwaiver.
Appears in 1 contract
Samples: Price/Costco Inc
Notices to Holders; Waiver. Where this Indenture provides for notice to Holders of any event, such notice shall be sufficiently given (unless otherwise herein expressly provided) if in writing and mailed, first-class, postage prepaid to each Holder affected by such event, at such Holder’s 's address as it appears on the Storm Recovery Texas Stabilization N Bond Register, not later than the latest date, and not earlier than the earliest date, prescribed for the giving of such notice. In any case where notice to Holders is given by mail, neither the failure to mail such notice nor any defect in any notice so mailed to any particular Holder shall affect the sufficiency of such notice with respect to other Holders, and any notice that is mailed in the manner herein provided shall conclusively be presumed to have been duly given. 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 Holders shall be filed with the Indenture Trustee, Trustee but such filing shall not be a condition precedent to the validity of any action taken in reliance upon such a waiver. In case, by reason of the suspension of regular mail service as a result of a strike, work stoppage or similar activity, it shall be impractical to mail notice of any event of Holders 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 Indenture Trustee shall be deemed to be a sufficient giving of such notice. Where this Indenture provides for notice to the Rating Agencies, failure to give such notice shall not affect any other rights or obligations created hereunder hereunder, and shall not under any circumstance constitute a Default or Event of Default.
Appears in 1 contract
Samples: Indenture