Notices to Holders; Waiver. (a) 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 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. (b) Where this Indenture provides for notice in any manner, such notice may be waived in writing by any Person entitled to receive such notice, either before or after the event, and such waiver shall be the equivalent of such notice. Waivers of notice by 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. (c) 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. (d) 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 24 contracts
Samples: Indenture (RG&E Storm Funding LLC), Indenture (NYSEG Storm Funding LLC), Indenture (PACIFIC GAS & ELECTRIC Co)
Notices to Holders; Waiver. (a) 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 eventHolder, at such Holder’s address as it appears on in the 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.
(b) . 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 Trustee, but such filing shall not be a condition precedent to the validity of any action taken in reliance upon such a waiver.
(c) . 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.
(d) 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 17 contracts
Samples: Indenture (US Foods Holding Corp.), Indenture (Phinia Inc.), Indenture (Phinia Inc.)
Notices to Holders; Waiver. (a) 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 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.
(b) . 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 Trustee, but such filing shall not be a condition precedent to the validity of any action taken in reliance upon such a waiver.
(c) . 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.
(d) 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 15 contracts
Samples: Indenture (Ambac Financial Group Inc), Indenture (Core & Main, Inc.), Indenture (Core & Main, Inc.)
Notices to Holders; Waiver. (a) 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 sent by email transmission, if available, and mailed, first-classfirst class postage prepaid, postage prepaid or by overnight delivery service (or, in the case of Holders of Global Notes, emailed to DTC), to each Holder affected by such event, at the address of such Holder’s address Holder as it appears on in the Recovery Bond Register, 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; and
(b) such notice shall be in the English language. In any case where Where this Indenture provides for notice to Holders holders of Preferred Shares, such notice shall be sufficiently given if in writing and mailed, first class postage prepaid, or by overnight delivery service to Issuer, or by electronic mail transmission, at the Issuer’s address pursuant to Section 14.3 hereof. The Issuer shall forward all notices received pursuant to the preceding sentence to the holders of Preferred Shares. The Issuer shall provide notice and a consent solicitation package to each holder of a Preferred Share to the extent that such holder’s consent or approval is required hereunder. The Issuer shall provide written notice to the Trustee confirming any such approval or consent obtained from the requisite holders of the Preferred Shares. Notwithstanding clause (a) above, a Holder may give the Trustee a written notice that it is requesting that notices to 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. 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 Notes (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 Holder status. Neither the failure to mail such notice any 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. 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 given.
(b) such 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.
(c) 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.
(d) 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 14 contracts
Samples: Supplemental Indenture (Blue Owl Capital Corp), Supplemental Indenture (Blue Owl Technology Finance Corp.), Supplemental Indenture (Blue Owl Technology Finance Corp.)
Notices to Holders; Waiver. (a) 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.
(b) . Where this Indenture provides for notice in any manner, such notice may be waived in writing by any Person entitled to receive such notice, either before or after the event, and such waiver shall be the equivalent of such notice. Waivers of notice by 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.
(c) . 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.
(d) . 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 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. (a) 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 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.
(b) . Where this Indenture provides for notice in any manner, such notice may be waived in writing by any Person entitled to receive such notice, either before or after the event, and such waiver shall be the equivalent of such notice. Waivers of notice by 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.
(c) . 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.
(d) . 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: Indenture (Consumers 2023 Securitization Funding LLC), Indenture (Consumers 2023 Securitization Funding LLC), Indenture (Consumers 2023 Securitization Funding LLC)
Notices to Holders; Waiver. (a) 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 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.
(b) . Where this Indenture provides for notice in any manner, such notice may be waived in writing by any Person entitled to receive such notice, either before or after the event, and such waiver shall be the equivalent of such notice. Waivers of notice by 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.
(c) . 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.
(d) . 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 (Illinois Power Securitization Limited Liability Co), Indenture (CPL Transition Funding LLC), Indenture (CPL Transition Funding LLC)
Notices to Holders; Waiver. (a) 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 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.
(b) Where this Indenture provides for notice in any manner, such notice may be waived in writing by any Person entitled to receive such notice, either before or after the event, and such waiver shall be the equivalent of such notice. Waivers of notice by 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.
(c) 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.
(d) 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 8 contracts
Samples: Indenture (Ameren Missouri Securitization Funding I, LLC), Indenture (Ameren Missouri Securitization Funding I, LLC), Indenture (Evergy Missouri West Storm Funding I, LLC)
Notices to Holders; Waiver. (a) 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 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 noticetime prescribed. 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.
(b) Where this Indenture provides for notice in any manner, such notice may be waived in writing by any Person 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 Trustee, but such filing shall not be a condition precedent to the validity of any action taken in reliance upon on such a waiver.
(c) . 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 case by reason of the suspension of regular mail service as a result publication of a strike, work stoppage any Authorized Newspapers or similar activity, by 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 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.
(d) Where this Indenture provides for notice to the Rating Agencies, failure to give such notice shall not affect any other rights or obligations created Holders for every purpose hereunder, and shall not under any circumstance constitute a Default or Event of Default.
Appears in 8 contracts
Samples: Indenture (Idaho Power Co), Indenture (Idacorp Trust Iii), Indenture (Idacorp Trust Iii)
Notices to Holders; Waiver. (a) 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-classfirst class postage prepaid, postage prepaid to each Holder affected by such event, at the address of such Holder’s address Holder as it appears on in the Recovery Bond RegisterNote Registers (or, in the case of Holders of Global Notes, emailed to DTC for distribution to each Holder affected by such event), 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; and
(b) such notice shall be in the English language. In any case where Such notices will be deemed to have been given on the date of such mailing. 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. 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 (by Aggregate Outstanding Amount), at the expense of the Issuer. The Trustee may require the requesting Holders to comply with its standard verification policies in order to confirm Holder status. Neither the failure to mail such notice any 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. 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 given.
(b) such 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.
(c) 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.
(d) 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 7 contracts
Samples: Eighth Supplemental Indenture (Investcorp Credit Management BDC, Inc.), Supplemental Indenture (CM Finance Inc), Indenture (CM Finance Inc)
Notices to Holders; Waiver. (a) 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 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.
(b) . Where this Indenture provides for notice in any manner, such notice may be waived in writing by any Person entitled to receive such notice, either before or after the event, and such waiver shall be the equivalent of such notice. Waivers of notice by 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.
(c) . 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.
(d) . 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 (Atmos Energy Kansas Securitization I, LLC), Indenture (Atmos Energy Kansas Securitization I, LLC), Indenture (Atmos Energy Kansas Securitization I, LLC)
Notices to Holders; Waiver. (a) 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 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.
(b) . Where this Indenture provides for notice in any manner, such notice may be waived in writing by any Person entitled to receive such notice, either before or after the event, and such waiver shall be the equivalent of such notice. Waivers of notice by 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.
(c) . 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.
(d) . 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 (AEP Transition Funding III LLC), Indenture (AEP Transition Funding III LLC), Indenture (AEP Transition Funding III LLC)
Notices to Holders; Waiver. (a) 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 (or if first-class mail is unavailable, postage prepaid by airmail) prepaid, to each Holder of Securities (or the first name in the case of joint Holders) affected by such event, event at such Holder’s its address as it appears on in the Recovery Bond Register, Register or at the address provided by such Holder in writing to the Trustee 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 when mailed to a Holder in the aforesaid manner herein provided shall be conclusively be presumed deemed to have been duly givenreceived by such Holder whether or not actually received by such Holder on the fourth Business Day after the date of mailing. So long as and to the extent that the Securities of a series are represented by Global Securities and such Global Securities are held by The Depository Trust Company, notices to owners of beneficial interests in such Global Securities may be given by delivery of the relevant notice to The Depository Trust Company for communication by it to entitled account holders.
(b) 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 Trustee, but such filing shall not be a condition precedent to the validity of any action taken in reliance upon such a waiver.
(c) 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 such notice is as required to be given pursuant to by any provision provisions of this Indenture, then any manner method of giving such notice as shall be reasonably satisfactory to the Indenture Trustee shall be deemed to be a sufficient giving of such notice.
(d) 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 (CNOOC Finance (2013) Ltd.), Indenture (CNOOC Finance (2015) U.S.A. LLC), Indenture (CNOOC Finance (2015) U.S.A. LLC)
Notices to Holders; Waiver. (a) 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 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 noticetime prescribed. 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.
(b) 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 Trustee, but such filing shall not be a condition precedent to the validity of any action taken in reliance upon on such a waiver.
(c) . 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.
(d) Where this Indenture provides for notice to the Rating Agencies, failure to give such notice shall not affect any other rights or obligations created Holders for every purpose hereunder, and shall not under any circumstance constitute a Default or Event of Default.
Appears in 6 contracts
Samples: Indenture (Platinum Underwriters Holdings LTD), Indenture (Platinum Underwriters Holdings LTD), Junior Subordinated Indenture (Quanta Capital Holdings LTD)
Notices to Holders; Waiver. (a) 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 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.
(b) . 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 Trustee, but such filing shall not be a condition precedent to the validity of any action taken in reliance upon such a waiver.
(c) . 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.
(d) 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.), Indenture (LBM Holdings, LLC)
Notices to Holders; Waiver. (a) 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 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.
(b) . 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 Trustee, but such filing shall not be a condition precedent to the validity of any action taken in reliance upon such a waiver.
(c) . 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.
(d) 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 (Servicemaster Co), Indenture (Unistrut International Holdings, LLC)
Notices to Holders; Waiver. (a) 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 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.
(b) . Where this Indenture provides for notice in any manner, such notice may be waived in writing by any Person entitled to receive such notice, either before or after the event, and such waiver shall be the equivalent of such notice. Waivers of notice by 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.
(c) . 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.
(d) . 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 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. (a) 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 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.
(b) . 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 Trustee, but such filing shall not be a condition precedent to the validity of any action taken in reliance upon such a waiver.
(c) . 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.
(d) 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 5 contracts
Samples: Indenture (Hertz Corp), Indenture (Hertz Corp), Indenture (Hertz Corp)
Notices to Holders; Waiver. (a) 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 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.
(b) . Where this Indenture provides for notice in any manner, such notice may be waived in writing by any Person entitled to receive such notice, either before or after the event, and such waiver shall be the equivalent of such notice. Waivers of notice by 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.
(c) . 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.
(d) . 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 5 contracts
Samples: Indenture (Cleco Power LLC), Indenture (PNM Energy Transition Bond Co I, LLC), Indenture (PNM Energy Transition Bond Co I, LLC)
Notices to Holders; Waiver. (a) 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, firstfirst class postage prepaid, or by overnight delivery service (or, in the case of Holders of Global Secured 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 Recovery Bond 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; and
(b) such notice shall be in the English language. In any case where Such notices will be deemed to have been given on the date of such mailing. 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. Notices for Holders may also be posted to the Trustee’s internet 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 Notes (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 Noteholder status. Neither the failure to mail such notice any 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. 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 given.
(b) such 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.
(c) 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.
(d) 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 (Monroe Capital Income Plus Corp), Indenture (Monroe Capital Income Plus Corp), Indenture (Monroe Capital Income Plus Corp)
Notices to Holders; Waiver. (a) 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-classfirst class postage prepaid, postage prepaid or by overnight delivery service, to each Holder affected by such event, at the address of such Holder’s address Holder as it appears on in the Recovery Bond RegisterRegister or such Beneficial Owner as provided in writing by such Beneficial Owner to the Trustee, the Issuer and the Collateral Manager, as applicable, in each case 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; and
(b) such notice shall be in the English language. In any case where Such notices will be deemed to have been given on the date of such mailing. 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. 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 Notes (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 Noteholder status. Neither the failure to mail such notice any 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. 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 given.
(b) such 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.
(c) 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.
(d) 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 (KCAP Financial, Inc.), Indenture (TICC Capital Corp.), Indenture (TICC Capital Corp.)
Notices to Holders; Waiver. (a) 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 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 given.
(b) received 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 Trustee, but such filing shall not be a condition precedent to the validity of any action taken in reliance upon such a waiver.
(c) . 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.
(d) 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. (a) Where this Indenture provides for Any notice required or permitted to Holders of any event, such notice be given to Securityholders shall be sufficiently given (unless otherwise herein expressly provided),
(a) if to Registered Holders, if given in writing and mailed, first-classby first class mail, postage prepaid prepaid, to each Holder affected by such event, holders at such Holder’s address their addresses as it appears the same shall appear on the Recovery Bond RegisterRegister of the Company, not later than and
(b) if to holders of Bearer Securities, if published on two separate Business Days in an Authorized Newspaper or Newspapers in such Place or Places of Payment specified pursuant to Section 3.01, the latest date, and first such publication to 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 ; provided, however, that, in any case where case, any notice to Holders holders of Floating Rate Securities regarding the determination of a periodic rate of interest, if such notice is required pursuant to Section 3.01, shall be sufficiently given if given in the manner specified pursuant to Section 3.01.
(c) In the event of suspension of regular mail service or by reason of any other cause it shall be impracticable to give notice by mail, neither then such notification as shall be given with the failure to mail such approval of the Trustee shall constitute sufficient 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 givenfor every purpose hereunder.
(bd) In the event of suspension of publication of any Authorized Newspapers or by reason of any other cause it shall be impractical to give notice by publication, then such notification as shall be given with the approval of the Trustee shall constitute sufficient notice for every purpose hereunder.
(e) 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 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 on such a waiver.
(c) . 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, by reason of and any notice that 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 have been duly given. In any case where notice of to holders is given by publication, any event of Holders when such defect in any notice is required to be given pursuant so published as 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.
(d) Where this Indenture provides for notice to the Rating Agencies, failure to give such notice particular holder shall not affect any the sufficiency of such notice with respect to other rights or obligations created hereunderholders, and any notice that is published in the manner herein provided shall not under any circumstance constitute a Default or Event of Defaultbe conclusively presumed to have been duly given.
Appears in 4 contracts
Samples: Indenture (Citigroup Funding Inc.), Indenture (Citigroup Inc), Indenture (Citigroup Inc)
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 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 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 given.
(b) Holders 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 Trustee, but such filing shall not be a condition precedent to the validity of any action taken in reliance upon such a waiver.
(c) 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.
(d) 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), Indenture (Wal Mart Cayman Sterling Finance Co)
Notices to Holders; Waiver. (a) 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.
(b) . Where this Indenture provides for notice in any manner, such notice may be waived in writing by any Person entitled to receive such notice, either before or after the event, and such waiver shall be the equivalent of such notice. Waivers of notice by 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.
(c) . 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.
(d) . 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 4 contracts
Samples: Indenture (SWEPCO Storm Recovery Funding LLC), Indenture (SWEPCO Storm Recovery Funding LLC), Indenture (Cleco Power LLC)
Notices to Holders; Waiver. (a) 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.
(b) . Where this Indenture provides for notice in any manner, such notice may be waived in writing by any Person entitled to receive such notice, either before or after the event, and such waiver shall be the equivalent of such notice. Waivers of notice by 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.
(c) . 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.
(d) . 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 (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. (a) 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 sent by email transmission, if available, and mailed, first-classfirst class postage prepaid, postage prepaid or by overnight delivery service (or, in the case of Holders of Global Notes, emailed to DTC), to each Holder affected by such event, at the address of such Holder’s address Holder as it appears on in the Recovery Bond Register, 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) [reserved]; and
(c) such notice shall be in the English language. In any case where Where this Indenture provides for notice to Holders holders of Preferred Shares, such notice shall be sufficiently given if in writing and mailed, first class postage prepaid, or by overnight delivery service to Issuer, or by electronic mail transmission, at the Issuer’s address pursuant to Section 14.3 hereof. The Issuer shall forward all notices received pursuant to the preceding sentence to the holders of Preferred Shares. The Issuer shall provide notice and a consent solicitation package to each holder of a Preferred Share to the extent that such holder’s consent or approval is required hereunder. The Issuer shall provide written notice to the Trustee confirming any such approval or consent obtained from the requisite holders of the Preferred Shares. Notwithstanding clause (a) above, a Holder may give the Trustee a written notice that it is requesting that notices to 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. 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 Notes (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 Holder status. Neither the failure to mail such notice any 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. 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 given.
(b) such 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.
(c) 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.
(d) 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 (Blue Owl Credit Income Corp.), Indenture (Blue Owl Credit Income Corp.), Indenture and Security Agreement (Blue Owl Credit Income Corp.)
Notices to Holders; Waiver. (a) 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 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.
(b) . Where this Indenture provides for notice in any manner, such notice may be waived in writing by any Person entitled to receive such notice, either before or after the event, and such waiver shall be the equivalent of such notice. Waivers of notice by 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.
(c) . 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.
(d) . 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 (Entergy Gulf States Reconstruction Funding I, LLC), Indenture (Entergy Gulf States Reconstruction Funding I, LLC), Indenture (Entergy Texas Restoration Funding, LLC)
Notices to Holders; Waiver. (a) 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 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.
(b) . Where this Indenture provides for notice in any manner, such notice may be waived in writing by any Person entitled to receive such notice, either before or after the event, and such waiver shall be the equivalent of such notice. Waivers of notice by 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.
(c) . 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.
(d) . 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 (Appalachian Consumer Rate Relief Funding LLC), Indenture (Appalachian Consumer Rate Relief Funding LLC), Indenture (Appalachian Consumer Rate Relief Funding LLC)
Notices to Holders; Waiver. (a) 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 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.
(b) . Where this Indenture provides for notice in any manner, such notice may be waived in writing by any Person entitled to receive such notice, either before or after the event, and such waiver shall be the equivalent of such notice. Waivers of notice by 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.
(c) . 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.
(d) . 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 (Ohio Phase-in-Recovery Funding LLC), Indenture (Ohio Phase-in-Recovery Funding LLC), Indenture (Ohio Phase-in-Recovery Funding LLC)
Notices to Holders; Waiver. (a) 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 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.
(b) . Where this Indenture provides for notice in any manner, such notice may be waived in writing by any Person entitled to receive such notice, either before or after the event, and such waiver shall be the equivalent of such notice. Waivers of notice by 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.
(c) . 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.
(d) . 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 (Oncor Electric Delivery Transition Bond Co LLC), Indenture (Oncor Electric Delivery Transition Bond Co LLC), Indenture (Oncor Electric Delivery Transition Bond Co LLC)
Notices to Holders; Waiver. (a) 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 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.
(b) . Where this Indenture provides for notice in any manner, such notice may be waived in writing by any Person entitled to receive such notice, either before or after the event, and such waiver shall be the equivalent of such notice. Waivers of notice by 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.
(c) . 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.
(d) . 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 (DTE Electric Securitization Funding II LLC), Indenture (DTE Electric Securitization Funding II LLC), Indenture (DTE Electric Securitization Funding II LLC)
Notices to Holders; Waiver. (a) 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 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.
(b) . Where this Indenture provides for notice in any manner, such notice may be waived in writing by any Person entitled to receive such notice, either before or after the event, and such waiver shall be the equivalent of such notice. Waivers of notice by 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.
(c) . 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.
(d) . 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 (AEP Texas Restoration Funding LLC), Indenture (AEP Texas Restoration Funding LLC), Indenture (AEP Texas Restoration Funding LLC)
Notices to Holders; Waiver. (a) 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, 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 Recovery Bond Register, 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 Notes are listed on the Irish Stock Exchange and the guidelines of the Irish Stock Exchange so require, such notice shall also be sent to the Irish Stock Exchange; and
(c) such notice shall be in the English language. In any case where Any such notices shall be delivered to Holders by the Trustee on behalf of the Issuer and shall be deemed to have been given on the date of such mailing or transmission to the Irish Stock Exchange, as applicable. Where this Indenture provides for notice to Holders holders of Interests, such notice shall be sufficiently given if in writing and mailed, first class postage prepaid, or by overnight delivery service to Issuer, or by electronic mail transmission, at the Issuer’s address pursuant to Section 14.3 hereof. The Issuer shall forward all notices received pursuant to the preceding sentence to the holders of Interests. The Issuer shall provide notice and a consent solicitation package to each holder of an Interest to the extent that such holder’s consent or approval is required hereunder. The Issuer shall provide written notice to the Trustee confirming any such approval or consent obtained from the requisite holders of the Interests. Notwithstanding clause (a) above, a Holder may give the Trustee a written notice that it is requesting that notices to 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. Notices for Holders shall 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 Notes (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 Noteholder status. Neither the failure to mail such notice any 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. 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 given.
(b) such 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.
(c) 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.
(d) 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 (NewStar Financial, Inc.), Indenture (NewStar Financial, Inc.), Indenture (NewStar Financial, Inc.)
Notices to Holders; Waiver. (a) 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 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.
(b) . Where this Indenture provides for notice in any manner, such notice may be waived in writing by any Person entitled to receive such notice, either before or after the event, and such waiver shall be the equivalent of such notice. Waivers of notice by 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.
(c) . 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.
(d) . 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. 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. (a) 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 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.
(b) . Where this Indenture provides for notice in any manner, such notice may be waived in writing by any Person entitled to receive such notice, either before or after the event, and such waiver shall be the equivalent of such notice. Waivers of notice by 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.
(c) . 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.
(d) . 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 (Duke Energy Florida, Llc.), Indenture (Duke Energy Florida, Llc.), Indenture (Duke Energy Florida, Llc.)
Notices to Holders; Waiver. (a) 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 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.
(b) . Where this Indenture provides for notice in any manner, such notice may be waived in writing by any Person entitled to receive such notice, either before or after the event, and such waiver shall be the equivalent of such notice. Waivers of notice by 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.
(c) . 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.
(d) . 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 (Virginia Power Fuel Securitization, LLC), Indenture (Virginia Power Fuel Securitization, LLC), Indenture (Virginia Power Fuel Securitization, LLC)
Notices to Holders; Waiver. (a) 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 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.
(b) . Where this Indenture provides for notice in any manner, such notice may be waived in writing by any Person entitled to receive such notice, either before or after the event, and such waiver shall be the equivalent of such notice. Waivers of notice by 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.
(c) . 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.
(d) . 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 (SIGECO Securitization I, LLC), Indenture (SIGECO Securitization I, LLC), Indenture (SIGECO Securitization I, LLC)
Notices to Holders; Waiver. (a) 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 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.
(b) . 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 Trustee, but such filing shall not be a condition precedent to the validity of any action taken in reliance upon such a waiver.
(c) . 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.
(d) 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 hereunderAuthorized Newspapers as required by this Indenture, and 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: Indenture (Levitt Corp), Indenture (Levitt Corp), Indenture (Levitt Corp)
Notices to Holders; Waiver. (a) 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 Euroclear or Clearstream, by facsimile or emailed, to each Holder affected by such event, at such Holder’s his or her address as it appears on in the 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.
(b) . 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 Trustee, but such filing shall not be a condition precedent to the validity of any action taken in reliance upon such a waiver.
(c) . 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.
(d) 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 (Dana Inc), Indenture (Dana Inc)
Notices to Holders; Waiver. (a) 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 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 given.
(bin 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 Trustee, but such filing shall not be a condition precedent to the validity of any action taken in reliance upon on such a waiver.
(c) . 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.
(d) 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), Subordinated Notes Indenture (First Midwest Bancorp Inc)
Notices to Holders; Waiver. (a) 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 sent by email transmission, if available, and mailed, first-classfirst class postage prepaid, postage prepaid or by overnight delivery service (or, in the case of Holders of Global Notes, emailed to DTC), to each Holder affected by such event, at the address of such Holder’s address Holder as it appears on in the Recovery Bond Register, 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; and
(b) such notice shall be in the English language. In any case where Any notice required to be provided to the Holders of the Class A-1L Loans may be provided to the Loan Agent on such Holders’ behalf. Where this Indenture provides for notice to Holders holders of Preferred Shares, such notice shall be sufficiently given if in writing and mailed, first class postage prepaid, or by overnight delivery service to Issuer, or by electronic mail transmission, at the Issuer’s address pursuant to Section 14.3 hereof. The Issuer shall forward all notices received pursuant to the preceding sentence to the holders of Preferred Shares. The Issuer shall provide notice and a consent solicitation package to each holder of a Preferred Share to the extent that such holder’s consent or approval is required hereunder. The Issuer shall provide written notice to the Collateral Trustee confirming any such approval or consent obtained from the requisite holders of the Preferred Shares. Notwithstanding clause (a) above, a Holder may give the Collateral Trustee a written notice that it is requesting that notices to it be given by electronic mail or by facsimile transmissions and stating the electronic mail address or facsimile number for such transmission. Thereafter, the Collateral 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. Notices for Holders may also be posted to the Collateral Trustee’s website. Subject to the requirements of Section 14.15, the Collateral 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 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, (ii) any duty or obligation that the Collateral Trustee may have hereunder or (iii) applicable law. The Collateral Trustee may require the requesting Holders to comply with its standard verification policies in order to confirm Holder status. Neither the failure to mail such notice any 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. 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 Collateral Trustee shall conclusively be presumed constitute a sufficient notification to have been duly given.
(b) such 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 Collateral Trustee but such filing shall not be a condition precedent to the validity of any action taken in reliance upon such a waiver.
(c) 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.
(d) 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 and Security Agreement (Blue Owl Credit Income Corp.), Indenture and Security Agreement (Owl Rock Core Income Corp.)
Notices to Holders; Waiver. (a) Where this Indenture provides for The Company may cause to have notice given to Holders of any event, such notice shall be sufficiently given the Warrant holders by (unless otherwise herein expressly providedi) 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 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 Holdersholders of Registered Warrants, providing the Warrant Agent with a form of notice to be distributed by the Depositary to Members in accordance with the custom and any practices of the Depositary and (ii) with respect to holders of Bearer Warrants, publishing such notice that is mailed on two separate Business Days in the manner herein provided shall conclusively be presumed an Authorized Newspaper or Newspapers in such Place or Places of Payment specified pursuant to have been duly givenSection 3.01.
(b) 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 holders shall be filed with the Indenture Trustee Warrant Agent, but such filing shall not be a condition precedent to the validity of any action taken in reliance upon on such a waiver.
(c) . 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 that 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 have been duly given. In any case where notice of to holders is given by publication, any event of Holders when such defect in any notice is required to be given pursuant so published as 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.
(d) Where this Indenture provides for notice to the Rating Agencies, failure to give such notice particular holder shall not affect any the sufficiency of such notice with respect to other rights or obligations created hereunderholders, and any notice that is published in the manner herein provided shall not under any circumstance constitute a Default or Event of Defaultbe conclusively presumed to have been duly given.
Appears in 2 contracts
Samples: Warrant Agreement (Swedish Export Credit Corp /Swed/), Warrant Agreement (Swedish Export Credit Corp /Swed/)
Notices to Holders; Waiver. (a) 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 sent by email transmission, if available, 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 Recovery Bond Register, 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; and
(b) such notice shall be in the English language. In any case where Where this Indenture provides for notice to Holders holders of Subordinated Securities, such notice shall be sufficiently given if in writing and mailed, first class postage prepaid, or by overnight delivery service to Issuer, or by electronic mail transmission, at the Issuer’s address pursuant to Section 14.3 hereof. The Issuer shall forward all notices received pursuant to the preceding sentence to the holders of Subordinated Securities. The Issuer shall provide notice and a consent solicitation package to each holder of a Subordinated Security to the extent that such holder’s consent or approval is required hereunder. The Issuer shall provide written notice to the Collateral Trustee confirming any such approval or consent obtained from the requisite holders of the Subordinated Securities. Notwithstanding clause (a) above, a Holder may give the Collateral Trustee a written notice that it is requesting that notices to it be given by electronic mail or by facsimile transmissions and stating the electronic mail address or facsimile number for such transmission. Thereafter, the Collateral 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. Notices for Holders may also be posted to the Collateral Trustee’s website. Subject to the requirements of Section 14.15, the Collateral 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 Secured Debt or Subordinated Securities (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, (ii) any duty or obligation that the Collateral Trustee may have hereunder or (iii) applicable law. The Collateral Trustee may require the requesting Holders to comply with its standard verification policies in order to confirm Holder status. Neither the failure to mail such notice any 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. 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 Collateral Trustee shall conclusively be presumed constitute a sufficient notification to have been duly given.
(b) such 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 Collateral Trustee but such filing shall not be a condition precedent to the validity of any action taken in reliance upon such a waiver.
(c) 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.
(d) 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: Supplemental Indenture (Owl Rock Capital Corp), Indenture and Security Agreement (Owl Rock Capital Corp)
Notices to Holders; Waiver. All notices to Holders of Notes will be validly given if electronically delivered or mailed to them at their respective addresses in the Register. For so long as any Notes are represented by Global Notes, all notices to Holders will be delivered to DTC in accordance with the Applicable Procedures of DTC, delivery of which shall be deemed to satisfy the requirements of this paragraph.
(a) In the event of suspension of regular mail service or by reason of any other cause it shall be impracticable to give notice by mail, then such notification as shall be given with the approval of the Trustee shall constitute sufficient notice for every purpose hereunder.
(b) Where this Indenture provides for notice to Holders of in any eventmanner, 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 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 Recovery Bond Register, not later than the latest date, and not earlier than the earliest date, prescribed for the giving equivalent of such notice. Waivers of notice by Holders shall be filed with the Trustee, but such filing shall not be a condition precedent to the validity of any action taken in reliance on such waiver. 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 be conclusively presumed to have been duly given. In any case where notice to Holders is given by publication, any defect in any notice so published as to any particular Holder shall not affect the sufficiency of such notice with respect to other Holders, and any notice that is published in the manner herein provided shall be conclusively presumed to have been duly given.
(b) Where this Indenture provides for notice in any manner, such notice may be waived in writing by any Person entitled to receive such notice, either before or after the event, and such waiver shall be the equivalent of such notice. Waivers of notice by 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.
(c) 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.
(d) 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 (Frontier Communications Corp), Indenture (Frontier Communications Corp)
Notices to Holders; Waiver. (a) 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-classfirst class postage prepaid, postage prepaid to each Holder affected by such event, at the address of such Holder’s address Holder as it appears on in the Recovery Bond RegisterNote Registers (or, in the case of Holders of Global Notes, emailed to DTC for distribution to each Holder affected by such event), 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; and
(b) such notice shall be in the English language. In any case where Such notices will be deemed to have been given on the date of such mailing. 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. The Trustee will deliver to the Holders any information or notice relating to this Indenture in the possession of the Trustee and requested to be so delivered by at least 25% of the Holders (by Aggregate Outstanding Amount), at the expense of the Issuer. The Trustee may require the requesting Holders to comply with its standard verification policies in order to confirm Holder status. The Trustee shall have no liability for such disclosure or, subject to its duties herein, the accuracy thereof. Neither the failure to mail such notice any 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. 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 given.
(b) such 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.
(c) 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.
(d) 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 (BC Partners Lending Corp), Indenture (BC Partners Lending Corp)
Notices to Holders; Waiver. (a) 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 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.
(b) 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 Trustee, but such filing shall not be a condition precedent to the validity of any action taken in reliance upon on such waiver. 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 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 waiver.
(c) 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, 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.
(d) Where this Indenture provides for notice to the Rating Agencies, failure to give such notice shall not affect any other rights or obligations created Holders for every purpose hereunder, and shall not under any circumstance constitute a Default or Event of Default.
Appears in 2 contracts
Samples: Subordinated Notes Indenture (Bok Financial Corp Et Al), Subordinated Notes Indenture (Bok Financial Corp Et Al)
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 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 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.
(b) . 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 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 waiver.
(c) copy 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.
(d) 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 (Equistar Funding Corp), Indenture (Lyondell Petrochemical Co)
Notices to Holders; Waiver. (a) 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 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.
(b) 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 Trustee, but such filing shall not be a condition precedent to the validity of any action taken in reliance upon on such waiver. 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 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 waiver.
(c) 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, 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.
(d) Where this Indenture provides for notice to the Rating Agencies, failure to give such notice shall not affect any other rights or obligations created Holders for every purpose hereunder, and shall not under any circumstance constitute a Default or Event of Default.
Appears in 2 contracts
Samples: Indenture (Sheraton Holding Corp), Indenture (Starwood Hotels & Resorts)
Notices to Holders; Waiver. (a) 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 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.
(b) 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 Trustee, but such filing shall not be a condition precedent to the validity of any action taken in reliance upon on such waiver. 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 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 waiver.
(c) 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, 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.
(d) Where this Indenture provides for notice to the Rating Agencies, failure to give such notice shall not affect any other rights or obligations created Holders for every purpose hereunder, and shall not under any circumstance constitute a Default or Event of Default.
Appears in 2 contracts
Samples: Subordinated Notes Indenture (First Niagara Financial Group Inc), Senior Notes Indenture (First Niagara Financial Group Inc)
Notices to Holders; Waiver. (a) 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 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.
(b) . Where this Indenture provides for notice in any manner, such notice may be waived in writing by any Person entitled to receive such notice, either before or after the event, and such waiver shall be the equivalent of such notice. Waivers of notice by 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.
(c) . 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.
(d) . 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 (Entergy Louisiana Investment Recovery Funding I, L.L.C.), Indenture (Entergy Louisiana Investment Recovery Funding I, L.L.C.)
Notices to Holders; Waiver. (a) 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 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.
(b) . 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 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 waiver.
(c) sufficient 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.
(d) 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 (Household International Netherlands Bv), Indenture (Household International Netherlands Bv)
Notices to Holders; Waiver. (a) 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 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.
(b) . Where this Indenture provides for notice in any manner, such notice may be waived in writing by any Person entitled to receive such notice, either before or after the event, and such waiver shall be the equivalent of such notice. Waivers of notice by 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.
(c) . 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.
(d) . 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 (PSNH Funding LLC 3), Indenture (PSNH Funding LLC 3)
Notices to Holders; Waiver. WHERE THIS INDENTURE PROVIDES FOR NOTICE TO HOLDERS OF ANY EVENT, SUCH NOTICE SHALL BE SUFFICIENTLY GIVEN (aUNLESS OTHERWISE HEREIN EXPRESSLY PROVIDED) Where this Indenture provides for notice to Holders of any eventIF IN WRITING AND MAILED, such notice shall be sufficiently given (unless otherwise herein expressly provided) if in writing and mailedFIRST-CLASS, first-classPOSTAGE PREPAID TO EACH HOLDER AFFECTED BY SUCH EVENT, postage prepaid to each Holder affected by such eventAT SUCH HOLDER’S ADDRESS AS IT APPEARS ON THE STORM RECOVERY BOND REGISTER, at such Holder’s address as it appears on the Recovery Bond RegisterNOT LATER THAN THE LATEST DATE, not later than the latest dateAND NOT EARLIER THAN THE EARLIEST DATE, and not earlier than the earliest datePRESCRIBED FOR THE GIVING OF SUCH NOTICE. IN ANY CASE WHERE NOTICE TO HOLDERS IS GIVEN BY MAIL, prescribed for the giving of such noticeNEITHER 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. 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.
(b) Where this Indenture provides for notice in any manner, such notice may be waived in writing by any Person entitled to receive such notice, either before or after the event, and such waiver shall be the equivalent of such notice. Waivers of notice by 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.
(c) . 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.
(d) . 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 (Entergy Arkansas Restoration Funding, LLC), Indenture (Entergy Arkansas Restoration Funding, LLC)
Notices to Holders; Waiver. (a) 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 's address as it appears on in the 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.
(b) . 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 Trustee, but such filing shall not be a condition precedent to the validity of any action taken in reliance upon such a waiver.
(c) . 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 noticenotification for every purpose hereunder.
(d) 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 (Jafra Cosmetics International Sa De Cv), Indenture (Dynatech Corp)
Notices to Holders; Waiver. (a) 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 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 noticeapplicable U.S. Depository or other Depository. 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.
(b) 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 Trustee, but such filing shall not be a condition precedent to the validity of any action taken in reliance upon on such a waiver.
(c) . 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.
(d) Where this Indenture provides for notice to the Rating Agencies, failure to give such notice shall not affect any other rights or obligations created Holders for every purpose hereunder, and shall not under any circumstance constitute a Default or Event of Default.
Appears in 2 contracts
Samples: Indenture (National Grid PLC), Indenture (National Grid PLC)
Notices to Holders; Waiver. (a) Where this Indenture provides for Any notice required or permitted to Holders of any event, such notice be given to Securityholders shall be sufficiently given (unless otherwise herein expressly provided),
(a) if to Registered Holders, if given in writing and mailed, first-classby first class mail, postage prepaid prepaid, to each Holder affected by such event, holders at such Holder’s address their addresses as it appears the same shall appear on the Recovery Bond RegisterRegister of the Company, not later than and
(b) if to holders of Bearer Securities, if published on two separate Business Days in an Authorized Newspaper or Newspapers in such Place or Places of Payment specified pursuant to Section 301, the latest date, and first such publication to 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 ; provided, however, that, in any case where case, any notice to Holders holders of Floating Rate Securities regarding the determination of a periodic rate of interest, if such notice is required pursuant to Section 301, shall be sufficiently given if given in the manner specified pursuant to Section 301.
(c) In the event of suspension of regular mail service or by reason of any other cause it shall be impracticable to give notice by mail, neither then such notification as shall be given with the failure to mail such approval of the Trustee shall constitute sufficient 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 givenfor every purpose hereunder.
(bd) In the event of suspension of publication of any Authorized Newspapers or by reason of any other cause it shall be impractical to give notice by publication, then such notification as shall be given with the approval of the Trustee shall constitute sufficient notice for every purpose hereunder.
(e) 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 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 on such a waiver.
(c) . 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, by reason of and any notice that 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 have been duly given. In any case where notice of to holders is given by publication, any event of Holders when such defect in any notice is required to be given pursuant so published as 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.
(d) Where this Indenture provides for notice to the Rating Agencies, failure to give such notice particular holder shall not affect any the sufficiency of such notice with respect to other rights or obligations created hereunderholders, and any notice that is published in the manner herein provided shall not under any circumstance constitute a Default or Event of Defaultbe conclusively presumed to have been duly given.
Appears in 2 contracts
Samples: Indenture (Citigroup Inc), Indenture (Citigroup Funding Inc.)
Notices to Holders; Waiver. (a) 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 sent by email transmission, if available, and mailed, first-classfirst class postage prepaid, postage prepaid or by overnight delivery service (or, in the case of Holders of Global Notes, emailed to DTC), to each Holder affected by such event, at the address of such Holder’s address Holder as it appears on in the Recovery Bond Register, 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; and
(b) such notice shall be in the English language. In any case where Any notice required to be provided to the Holders of the Class A-L Loans may be provided to the Loan Agent on such Holders’ behalf. Where this Indenture provides for notice to Holders holders of Preferred Shares, such notice shall be sufficiently given if in writing and mailed, first class postage prepaid, or by overnight delivery service to Issuer, or by electronic mail transmission, at the Issuer’s address pursuant to Section 14.3 hereof. The Issuer shall forward all notices received pursuant to the preceding sentence to the holders of Preferred Shares. The Issuer shall provide notice and a consent solicitation package to each holder of a Preferred Share to the extent that such holder’s consent or approval is required hereunder. The Issuer shall provide written notice to the Collateral Trustee confirming any such approval or consent obtained from the requisite holders of the Preferred Shares. Notwithstanding clause (a) above, a Holder may give the Collateral Trustee a written notice that it is requesting that notices to it be given by electronic mail or by facsimile transmissions and stating the electronic mail address or facsimile number for such transmission. Thereafter, the Collateral 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. Notices for Holders may also be posted to the Collateral Trustee’s website. Subject to the requirements of Section 14.15, the Collateral 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 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, (ii) any duty or obligation that the Collateral Trustee may have hereunder or (iii) applicable law. The Collateral Trustee may require the requesting Holders to comply with its standard verification policies in order to confirm Holder status. Neither the failure to mail such notice any 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. 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 Collateral Trustee shall conclusively be presumed constitute a sufficient notification to have been duly given.
(b) such 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 Collateral Trustee but such filing shall not be a condition precedent to the validity of any action taken in reliance upon such a waiver.
(c) 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.
(d) 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 and Security Agreement (Owl Rock Core Income Corp.), Indenture and Security Agreement (Owl Rock Capital Corp)
Notices to Holders; Waiver. (a) 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 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.
(b) . 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 Trustee Agent, but such filing shall not be a condition precedent to the validity of any action taken in reliance upon such a waiver.
(c) . 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 notice.
(d) notification 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 not affect any other rights be sufficiently given (unless otherwise specified herein or obligations created hereunderpursuant 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 shall in The City of London or, if publication in London is not under any circumstance constitute a Default 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 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. (a) 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 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.
(b) 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 Trustee, but such filing shall not be a condition precedent to the validity of any action taken in reliance upon on such waiver. 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 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 waiver.
(c) 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, 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.
(d) Where this Indenture provides for notice to the Rating Agencies, failure to give such notice shall not affect any other rights or obligations created Holders for every purpose hereunder, and shall not under any circumstance constitute a Default or Event of Default.
Appears in 2 contracts
Samples: Indenture (Itt Corp /Nv/), Indenture (Itt Corp /Nv/)
Notices to Holders; Waiver. (a) 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 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.
(b) 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 Trustee, but such filing shall not be a condition precedent to the validity of any action taken in reliance upon on such waiver. 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 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 waiver.
(c) 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, 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.
(d) Where this Indenture provides for notice to the Rating Agencies, failure to give such notice shall not affect any other rights or obligations created Holders for every purpose hereunder, and shall not under any circumstance constitute a Default or Event of Default.
Appears in 2 contracts
Samples: Indenture (PNC Funding Corp), Debt Securities Indenture (Bancorpsouth Inc)
Notices to Holders; Waiver. (a) Where Except as otherwise expressly provided herein, where this Indenture provides for notice to Holders of any event, :
(i) 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 the Recovery Bond Note Register or the Loan Register, as applicable, 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; and
(ii) such notice shall be in the English language. In any case where Where this Indenture provides for notice to Holders of Subordinated Notes, such notice shall be sufficiently given if in writing and mailed, first class postage prepaid, or by overnight delivery service to Issuer, or by electronic mail transmission, at the Issuer’s address pursuant to Section 14.3 hereof. The Issuer shall forward all notices received pursuant to the preceding sentence to the Holders of Subordinated Notes. Any notice required to be provided to the Class A-1 Lenders may be provided to the Loan Agent on their behalf.
(b) Notwithstanding paragraph (i) of this Section 14.4(a), a Holder may give the Trustee or the Collateral Agent a written notice in a form reasonably acceptable to the Trustee or the Collateral Agent that it is requesting that notices to it be given by electronic mail and stating the electronic mail address for such transmission. Thereafter, the Trustee and/or the Collateral Agent shall give notices to such Holder by electronic mail, 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 Section 14.4(a). Notices for Holders may also be given by posting the notice to and providing notice of, and giving access to, the Collateral Agent’s website.
(c) Subject to the requirements of Section 14.15, the Trustee will deliver to the Holders of Debt any written information reasonably available to the Trustee without undue burden or expense or written notice received by the Trustee relating to this Indenture requested to be so delivered by at least 25% (by Aggregate Outstanding Amount) of the Holders of any Class of Debt, 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 or the Collateral Agent may have hereunder or (iii) applicable law, and shall not be liable for declining to send any notice in accordance with this sentence. The Trustee and the Collateral Agent may require the requesting Holders to comply with its standard verification policies in order to confirm Holder status. The Trustee and the Collateral Agent shall have no liability for such disclosure or, subject to its duties herein, the accuracy thereof.
(d) Neither the failure to mail such notice any 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. 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 Collateral Agent shall conclusively be presumed constitute a sufficient notification to have been duly givensuch Holders for every purpose hereunder.
(be) 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 Collateral Agent but such filing shall not be a condition precedent to the validity of any action taken in reliance upon such a waiver.
(c) 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.
(d) 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: Second Supplemental Indenture (Silver Point Specialty Lending Fund), Indenture and Security Agreement (Silver Point Specialty Lending Fund)
Notices to Holders; Waiver. (a) 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 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.
(b) . Where this Indenture provides for notice in any manner, such notice may be waived in writing by any Person entitled to receive such notice, either before or after the event, and such waiver shall be the equivalent of such notice. Waivers of notice by 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.
(c) . 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.
(d) . 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 (RSB Bondco LLC), Indenture (RSB Bondco LLC)
Notices to Holders; Waiver. (a) 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 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.
(b) . Where this Indenture provides for notice in any manner, such notice may be waived in writing by any Person entitled to receive such notice, either before or after the event, and such waiver shall be the equivalent of such notice. Waivers of notice by 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.
(c) . 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.
(d) . 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 an Event of Default.
Appears in 2 contracts
Samples: Indenture (Officemax Inc), Indenture (Officemax Inc)
Notices to Holders; Waiver. (a) Where Except as otherwise expressly provided herein, where this Indenture and Credit Agreement or the Servicing 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, first-classfirst class postage prepaid, postage prepaid to each Holder affected by such event, at the address of such Holder’s address Holder as it appears on in the Recovery Bond Notes Register or Class A Loan Register, as applicable, 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; and
(b) such notice shall be in the English language. In The Note Administrator and Loan Agent, as applicable, shall deliver to the Holders any case where information or notice in its possession, requested to be so delivered by at least 25% of the Holders is given by mail, neither of any Class of Debt. Neither the failure to mail such notice any 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. 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 to Holders shall be made with the approval of the Collateral Agent and any notice that is mailed in the manner herein provided shall conclusively be presumed constitute sufficient notification to have been duly given.
(b) such Holders for every purpose hereunder. Where this Indenture and Credit 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 Note Administrator and Loan Agent, but such filing shall not be a condition precedent to the validity of any action taken in reliance upon such a waiver.
(c) . In casethe event that, by reason of the suspension of the 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 IndentureIndenture and Credit Agreement, then any manner of giving such notice as shall be satisfactory to the Indenture Trustee Collateral Agent shall be deemed to be a sufficient giving of such notice.
(d) 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 and Credit Agreement (Terra Secured Income Fund 5, LLC), Indenture and Credit Agreement (Terra Property Trust, Inc.)
Notices to Holders; Waiver. (a) 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 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.
(b) . Where this Indenture provides for notice in any manner, such notice may be waived in writing by any Person entitled to receive such notice, either before or after the event, and such waiver shall be the equivalent of such notice. Waivers of notice by 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.
(c) . 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.
(d) . 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
Notices to Holders; Waiver. (a) 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 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 given.
(b) such 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.
(c) 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.
(d) 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. (a) 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 of Securities, if in writing and mailed, first-classfirst class postage prepaid, postage prepaid to each Holder of Securities, as the case may be, of any event, as affected by such event, at the address of such Holder’s address Holder as it appears on in the Recovery Bond Security 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; and
(b) such notice shall be in the English language. In Such notices will be deemed to have been given on the date of such mailing. The Trustee will deliver to the Holders of the Securities, any case where information or notice requested in accordance with this Indenture to Holders is given be so delivered by mail, neither at least 25% of the Aggregate Outstanding Amount of the Securities. The Trustee shall deliver or cause to be delivered to each Secured Hedging Creditor copies of all notices and reports delivered or caused to be delivered by the Issuer or the Trustee (including those to be delivered by the Investment Manager on behalf of the Issuer) to any Holder pursuant to terms hereof by the same means and simultaneously with the delivery thereof to such Holder. Neither the failure to mail such notice any notice, nor any defect in any notice so mailed mailed, to any particular Holder of a Security shall affect the sufficiency of such notice with respect to other HoldersHolders of Securities. 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, and any notice that is mailed in then such notification to Holders of Securities 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 given.
(b) such 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 and such filing shall not be a condition precedent to the validity of any action taken in reliance upon such a waiver.
(c) 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.
(d) 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. (a) 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 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.
(b) 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 Trustee, but such filing shall not be a condition precedent to the validity of any action taken in reliance upon on such waiver. 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 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 waiver.
(c) 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, 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.
(d) Where this Indenture provides for notice to the Rating Agencies, failure to give such notice shall not affect any other rights or obligations created Holders for every purpose hereunder, and shall not under any circumstance constitute a Default or Event of Default.
Appears in 1 contract
Samples: Indenture (Itt Corp)
Notices to Holders; Waiver. (a) Where Except as otherwise expressly provided herein, where this Base Indenture provides for notice to Holders of Notes of any event, :
(a) such notice shall be sufficiently given (unless otherwise herein expressly provided) to Holders of Notes if in writing and mailed, first-class, postage prepaid prepaid, to each Holder of a Note affected by such event, at the address of such Holder’s address Holder as it appears on in the Recovery Bond Note 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; and
(b) such notice shall be in the English language. In any case where Notwithstanding clause (a) above, a Holder of Notes may give the Indenture Trustee a written notice that it is requesting that notices to Holders is it be given by facsimile transmissions and stating the telecopy number for such transmission. Thereafter, the Indenture Trustee shall give notices to such Holder by facsimile transmission; 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. The Indenture Trustee shall deliver to the Holders of the Notes any readily available information required hereunder or notice requested to be so delivered by at least 25% of the Holders of any Series of Notes. Neither the failure to mail such notice any notice, nor any defect in any notice so mailed mailed, to any particular Holder of a Note 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.
(b) Holders of Notes. Where this Base 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.
(c) . In casethe event that, by reason of the suspension of the 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 Base 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.
(d) 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: Base Indenture (Ihop Corp)
Notices to Holders; Waiver. (a) 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 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.
(b) . 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 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 waiver.
(c) 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.
(d) 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. (a) 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 sent by email transmission, if available, and mailed, first-classfirst class postage prepaid, postage prepaid or by overnight delivery service (or, in the case of Holders of Global Notes, emailed to DTC), to each Holder affected by such event, at the address of such Holder’s address Holder as it appears on in the Recovery Bond Register, 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; and
(b) such notice shall be in the English language. In any case where Any notice required to be provided to the Holders of the Class A-L Loans may be provided to the Loan Agent on such Holders’ behalf, and the Loan Agent shall provide such notice to Holders the Holder of the Class A-L Loans in accordance with the Class A-L Credit Agreement. Where this Indenture provides for notice to holders of Preferred Shares, such notice shall be sufficiently given if in writing and mailed, first class postage prepaid, or by overnight delivery service to Issuer, or by electronic mail transmission, at the Issuer’s address pursuant to Section 14.3 hereof. The Issuer shall forward all notices received pursuant to the preceding sentence to the holders of Preferred Shares. The Issuer shall provide notice and a consent solicitation package to each holder of a Preferred Share to the extent that such holder’s consent or approval is required hereunder. The Issuer shall provide written notice to the Collateral Trustee confirming any such approval or consent obtained from the requisite holders of the Preferred Shares. Notwithstanding clause (a) above, a Holder may give the Collateral Trustee a written notice that it is requesting that notices to it be given by electronic mail or by facsimile transmissions and stating the electronic mail address or facsimile number for such transmission. Thereafter, the Collateral 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. Notices for Holders may also be posted to the Collateral Trustee’s website. Subject to the requirements of Section 14.15, the Collateral 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 Secured Debt (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, (ii) any duty or obligation that the Collateral Trustee may have hereunder or (iii) applicable law. The Collateral Trustee may require the requesting Holders to comply with its standard verification policies in order to confirm Holder status. Neither the failure to mail such notice any 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. 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 Collateral Trustee shall conclusively be presumed constitute a sufficient notification to have been duly given.
(b) such 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 Collateral Trustee but such filing shall not be a condition precedent to the validity of any action taken in reliance upon such a waiver.
(c) 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.
(d) 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 and Security Agreement (Blue Owl Technology Finance Corp. II)
Notices to Holders; Waiver. (a) 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 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.
(b) 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 Trustee, but such filing shall not be a condition precedent to the validity of any action taken in reliance upon on such waiver. 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 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 waiver.
(c) notification as shall be made to Holders with the approval of the Trustee shall constitute a sufficient notification for every purpose hereunder. In case, 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.
(d) Where this Indenture provides for notice to the Rating Agencies, failure to give such notice shall not affect any other rights or obligations created Holders for every purpose hereunder, and shall not under any circumstance constitute a Default or Event of Default.
Appears in 1 contract
Notices to Holders; Waiver. (a) 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 sent by email transmission, if available, and mailed, first-classfirst class postage prepaid, postage prepaid or by overnight delivery service (or, in the case of Holders of Global Notes, emailed to DTC), to each Holder affected by such event, at the address of such Holder’s address Holder as it appears on in the Recovery Bond Register, 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; and
(b) such notice shall be in the English language. In any case where Any notice required to be provided to the Holders of the Class A-1L Loans may be provided to the Loan Agent on such Holders’ behalf, and the Loan Agent shall provide such notice to Holders the Holder of the Class A-1L Loans in accordance with the Class A-1L Credit Agreement. Where this Indenture provides for notice to holders of Preferred Shares, such notice shall be sufficiently given if in writing and mailed, first class postage prepaid, or by overnight delivery service to Issuer, or by electronic mail transmission, at the Issuer’s address pursuant to Section 14.3 hereof. The Issuer shall forward all notices received pursuant to the preceding sentence to the holders of Preferred Shares. The Issuer shall provide notice and a consent solicitation package to each holder of a Preferred Share to the extent that such holder’s consent or approval is required hereunder. The Issuer shall provide written notice to the Collateral Trustee confirming any such approval or consent obtained from the requisite holders of the Preferred Shares. Notwithstanding clause (a) above, a Holder may give the Collateral Trustee a written notice that it is requesting that notices to it be given by electronic mail or by facsimile transmissions and stating the electronic mail address or facsimile number for such transmission. Thereafter, the Collateral 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. Notices for Holders may also be posted to the Collateral Trustee’s website. If any Listed Notes are listed on TISE, notices to Holders of such Listed Notes will be provided to TISE to the extent required by its guidelines. Subject to the requirements of Section 14.15, the Collateral 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 Secured Debt (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, (ii) any duty or obligation that the Collateral Trustee may have hereunder or (iii) applicable law. The Collateral Trustee may require the requesting Holders to comply with its standard verification policies in order to confirm Holder status. Neither the failure to mail such notice any 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. 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 Collateral Trustee shall conclusively be presumed constitute a sufficient notification to have been duly given.
(b) such 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 Collateral Trustee but such filing shall not be a condition precedent to the validity of any action taken in reliance upon such a waiver.
(c) 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.
(d) 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 and Security Agreement (Blue Owl Credit Income Corp.)
Notices to Holders; Waiver. (a) Where this Indenture provides for The Company may cause to have notice given to Holders of any event, such notice shall be sufficiently given the Warrantholders by (unless otherwise herein expressly providedi) 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 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 Holdersholders of Registered Warrants, providing the Warrant Agent with a form of notice to be distributed by the Depositary to Members in accordance with the custom and any practices of the Depositary and (ii) with respect to holders of Bearer Warrants, publishing such notice that is mailed on two separate Business Days in the manner herein provided shall conclusively be presumed an Authorized Newspaper or Newspapers in such Place or Places of Payment specified pursuant to have been duly givenSection 3.01.
(b) 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 holders shall be filed with the Indenture Trustee Warrant Agent, but such filing shall not be a condition precedent to the validity of any action taken in reliance upon on such a waiver.
(c) . 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 that 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 have been duly given. In any case where notice of to holders is given by publication, any event of Holders when such defect in any notice is required to be given pursuant so published as 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.
(d) Where this Indenture provides for notice to the Rating Agencies, failure to give such notice particular holder shall not affect any the sufficiency of such notice with respect to other rights or obligations created hereunderholders, and any notice that is published in the manner herein provided shall not under any circumstance constitute a Default or Event of Defaultbe conclusively presumed to have been duly given.
Appears in 1 contract
Samples: Warrant Agreement (Citigroup Inc)
Notices to Holders; Waiver. (a) 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, in the case of Holders of Global Secured 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 Recovery Bond Register, 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; and
(b) such notice shall be in the English language. In any case where Such notices shall be deemed to have been given on the date of such mailing or transmission. 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 addition or in lieu of the foregoing notices for Holders may also be posted to the Trustee’s internet website. The Trustee shall 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 Obligations (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. For the avoidance of doubt, such information shall not include any Accountants’ Certificate. The Trustee may require the requesting Holders to comply with its standard verification policies in order to confirm Holder status. Neither the failure to mail such notice any 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. 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 given.
(b) such 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.
(c) 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.
(d) 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. (a) 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-classfirst class postage prepaid, postage prepaid to each Holder affected by such event, at the address of such Holder’s address Holder as it appears on in the Recovery Bond RegisterNote Register (or, in the case of Holders of Global Notes, emailed to DTC for distribution to each Holder affected by such event), 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; and
(b) such notice shall be in the English language. In any case where Such notices will be deemed to have been given on the date of such mailing. 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. The Trustee will deliver to the Holders any information (other than an Accountants' Report) or notice relating to this Indenture requested to be so delivered by at least 25% of the Holders of any Class of Notes (by Aggregate Outstanding Amount), at the expense of the Issuer. The Trustee may require the requesting Holders to comply with its standard verification policies in order to confirm Noteholder status. Neither the failure to mail such notice any 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. 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 given.
(b) such 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.
(c) 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.
(d) 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 (JMP Group Inc.)
Notices to Holders; Waiver. (a) Where Except as otherwise expressly provided herein, where this Indenture provides for notice to Holders of any event, :
(i) 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 the Recovery Bond Note Register or the Loan Register, as applicable, 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; and
(ii) such notice shall be in the English language.
(b) Notwithstanding clause (a) of this Section 14.4, a Holder may give the Collateral Trustee a written notice in a form reasonably acceptable to the Collateral Trustee that it is requesting that notices to it be given by electronic mail or by facsimile transmissions and stating the electronic mail address or facsimile number for such transmission. In any case where Thereafter, the Collateral Trustee shall give notices to such Holder by electronic mail or facsimile transmission, as so requested; provided that if such notice to Holders is also requests that notices be given by mail, neither then such notice shall also be given by mail in accordance with clause (a) above. Notices for Holders may also be posted to the Collateral Trustee’s website.
(c) Subject to the requirements of Section 14.15, the Collateral Trustee will deliver to the Holders of Debt any written information reasonably available to the Collateral Trustee without undue burden or expense or written notice received by the Collateral Trustee relating to this Indenture requested to be so delivered by at least 25% (by Aggregate Outstanding Amount) of the Holders of any Class of Debt, at the expense of the Issuer; provided that the Collateral Trustee may decline to send any such information or notice that it reasonably determines to be contrary to (i) any of the terms of this Indenture, (ii) any duty or obligation that the Collateral Trustee may have hereunder, (iii) applicable law or (iv) the terms of any confidentiality or non-disclosure agreement to which the Collateral Trustee is a party in connection with the performance of its duties hereunder (including, without limitation, contained in any agreement or acknowledgement governing any report, statement or certificate prepared by the Issuer’s accountants), and shall not be liable for declining to send any notice in accordance with this sentence. The Collateral Trustee may require the requesting Holders to comply with its standard verification policies in order to confirm Holder status. The Collateral Trustee shall have no liability for such disclosure or, subject to its duties herein, the accuracy thereof.
(d) 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 Collateral Trustee shall conclusively be presumed constitute a sufficient notification to have been duly givensuch Holders for every purpose hereunder.
(be) 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 Collateral Trustee but such filing shall not be a condition precedent to the validity of any action taken in reliance upon such a waiver.
(cf) In caseNotwithstanding any provision to the contrary in this Indenture or in any agreement or document related hereto, by reason of the suspension of regular mail service as a result of a strikeany information or documents (including, work stoppage without limitation, reports, notices 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 any provision Persons identified in this Section 14.4 may be provided by providing notice of this Indenture, then any manner of giving such notice as shall be satisfactory and access to the Indenture Trustee shall be deemed to be a sufficient giving of Collateral Trustee’s Website containing such noticeinformation or document.
(dg) Where this Indenture provides for Any notice to be given hereunder to the Holders of Class A-1 Loans shall be provided to the Loan Agent, who shall forward such 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 DefaultClass A-1 Lenders.
Appears in 1 contract
Samples: Indenture and Security Agreement (PennantPark Floating Rate Capital Ltd.)
Notices to Holders; Waiver. (a) 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 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, Subordinated Indenture 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 given.
(b) above. 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 Trustee, but such filing shall not be a condition precedent to the validity of any action taken in reliance upon such a waiver.
(c) 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.
(d) 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 (Collins & Aikman Corp)
Notices to Holders; Waiver. (a) 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, firstfirst class postage prepaid, or by overnight delivery service (or, in the case of Holders of Global Secured 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 Recovery Bond 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; and
(b) such notice shall be in the English language. In Such notices will be deemed to have been given on the date of such mailing. Notices for Holders may also be posted to the Collateral Trustee's internet website. Subject to the requirements of Section 14.15, the Collateral Trustee shall make available to the Holders any case where information or notice relating to this Indenture in the possession of the Collateral Trustee and requested to be so delivered by at least 25% of the Holders is given of any Class of Debt (by mailAggregate Outstanding Amount), neither 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, (ii) any duty or obligation that the Collateral Trustee may have hereunder or (iii) applicable law. The Collateral Trustee may require the requesting Holders to comply with its standard verification policies in order to confirm Holder status. The Collateral Trustee shall have no liability for such disclosure or, subject to its duties herein, the accuracy thereof. Neither the failure to mail such notice provide any notice, nor any defect in any notice so mailed made available, 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 Collateral Trustee shall conclusively be presumed constitute a sufficient notification to have been duly given.
(b) such 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 Collateral Trustee but such filing shall not be a condition precedent to the validity of any action taken in reliance upon such a waiver.
(c) 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.
(d) 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. (a) 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 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.
(b) . 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 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 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 waiver.
(c) 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.
(d) 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. (a) Where Except as otherwise expressly provided in this Indenture, where this Indenture provides for notice to Holders the Noteholders of any event, such :
(a) the notice shall be sufficiently given (unless otherwise herein expressly provided) to Noteholders if in writing and mailed, first-classclass postage prepaid, postage prepaid to each Holder Noteholder affected by such the event, at such Holder’s the address of the Holder as it appears on in the 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 the notice; and
(b) the notice shall be in the English language. In any case where Notices shall be deemed to have been given on the date of their mailing. Notwithstanding clause (a), a Noteholder may give the Trustee a written notice that it is requesting that notices to Holders is it be given by facsimile transmissions and stating the telecopy number for the transmission. Thereafter, the Trustee shall give notices to the Holder by facsimile transmission. If the notice also requests that notices be given by mail, neither then the notice shall also be given by mail in accordance with clause (a) above, as the case may be. Notice for Holders may also be posted to the Trustee's internet website. The Trustee shall deliver to the Holders of Notes any information or notice relating to this Indenture requested to be so delivered by at least 10% (by Aggregate Principal Amount) of the Holders of any Class of Notes 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 Noteholder status. Neither the failure to mail such notice any notice, nor any defect in any notice so mailed mailed, to any particular Holder Noteholder shall affect the sufficiency of such the notice with respect to other HoldersNoteholders. If it is impracticable to give the notice by mail of any event to Noteholders when the notice is required to be given pursuant to any provision of this Indenture because of the suspension of regular mail service as a result of a strike, and work stoppage, or similar activity or because of any notice that is mailed in other cause, then the manner herein provided notification to Noteholders as shall conclusively be presumed made with the approval of the Trustee shall be a sufficient notification to have been duly given.
(b) the Holders for every purpose under this Indenture. Where this Indenture provides for notice in any manner, such the notice may be waived in writing by any Person person entitled to receive such the notice, either before or after the event, and such the waiver shall be the equivalent of such the notice. Waivers of notice by Holders Noteholders shall be filed with the Indenture Trustee but such the filing shall not be a condition precedent to the validity of any action taken in reliance upon such a on the waiver.
(c) In case, by reason . So long as any Notes are listed on the Irish Stock Exchange and the guidelines of the suspension exchange so require, all notices to Holders of regular mail service as a result of a strikethe Notes shall also be given to the Irish Stock Exchange or the Irish Listing Agent. In addition, work stoppage or similar activity, it shall be impractical to mail notice the Holder of any event of Holders when such notice is required Note may sign up for access to be given the Trustee's investor reporting website. The Issuer shall (and authorizes the Trustee to) deliver to the Initial Purchaser all periodic reports, notices, demands, and other written information delivered or received by the Issuer, the Collateral Manager, trustees, paying agents, accountants, or other persons pursuant to any provision of this Indenture, then any manner of giving such notice as shall be satisfactory Indenture and other operative documentation relating to the Indenture Trustee shall be deemed to be a sufficient giving of such notice.
Notes requested by the Initial Purchaser (dcollectively, the "Transaction Reports") Where this Indenture provides for notice and the Issuer consents to the Rating AgenciesInitial Purchaser 's providing Transaction Reports received by them to current and prospective investors in the Notes (including by means of electronic transmissions or posting the Transaction Reports on internet sites maintained by the Initial Purchaser or any of its Affiliates). For the avoidance of doubt, failure to give such notice information shall not affect any other rights or obligations created hereunder, include the Accountants' Reports and shall not under any circumstance constitute a Default or Event of Defaultthe Accountants' Effective Date AUP Reports.
Appears in 1 contract
Samples: Indenture (NewStar Financial, Inc.)
Notices to Holders; Waiver. (a) 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 sent by email transmission, if available, and mailed, first-classfirst class postage prepaid, postage prepaid or by overnight delivery service (or, in the case of Holders of Global Notes, emailed to DTC), to each Holder affected by such event, at the address of such Holder’s address Holder as it appears on in the Recovery Bond Register, 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; and
(b) such notice shall be in the English language. In any case where Any notice required to be provided to the Holders of the Class A-1L-1 Loans may be provided to the Loan Agent on such Holders’ behalf , and the Loan Agent shall provide such notice to the Holder of the Class A-1L-1 Loans in accordance with the Class A-1L-1 Loan Agreement. Any notice required to be provided to the Holders of the Class A-1L-2 Loans may be provided to the Loan Agent on such Holders’ behalf , and the Loan Agent shall provide such notice to the Holder of the Class A-1L-2 Loans in accordance with the Class A-1L-2 Loan Agreement. Where this Indenture provides for notice to holders of Preferred Shares, such notice shall be sufficiently given if in writing and mailed, first class postage prepaid, or by overnight delivery service to Issuer, or by electronic mail transmission, at the Issuer’s address pursuant to Section 14.3 hereof. The Issuer shall forward all notices received pursuant to the preceding sentence to the holders of Preferred Shares. The Issuer shall provide notice and a consent solicitation package to each holder of a Preferred Share to the extent that such holder’s consent or approval is required hereunder. The Issuer shall provide written notice to the Collateral Trustee confirming any such approval or consent obtained from the requisite holders of the Preferred Shares. Notwithstanding clause (a) above, a Holder may give the Collateral Trustee a written notice that it is requesting that notices to it be given by electronic mail or by facsimile transmissions and stating the electronic mail address or facsimile number for such transmission. Thereafter, the Collateral 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. Notices for Holders may also be posted to the Collateral Trustee’s website. Subject to the requirements of Section 14.15, the Collateral 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 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, (ii) any duty or obligation that the Collateral Trustee may have hereunder or (iii) applicable law. The Collateral Trustee may require the requesting Holders to comply with its standard verification policies in order to confirm Holder status. Neither the failure to mail such notice any 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. 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 Collateral Trustee shall conclusively be presumed constitute a sufficient notification to have been duly given.
(b) such 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 Collateral Trustee but such filing shall not be a condition precedent to the validity of any action taken in reliance upon such a waiver.
(c) 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.
(d) 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 and Security Agreement (Blue Owl Credit Income Corp.)
Notices to Holders; Waiver. (a) 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, 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 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) [reserved]; 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 given.
(b) such 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.
(c) 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.
(d) 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. (a) 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-classfirst class postage prepaid, postage prepaid to each Holder affected by such event, at the address of such Holder’s address Holder as it appears on in the Recovery Bond RegisterRegister or, as applicable, in accordance with the procedures at DTC, as soon as reasonably practicable but in any case 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 ; provided, that, a Holder may give the Trustee a written notice in a form acceptable to the Trustee that it is requesting that, either as an alternative to or in addition to notices by mail as aforementioned, notices to it be given by electronic mail or by facsimile transmission and stating the electronic mail address or facsimile number for such transmission and, thereafter, the Trustee shall give notices to such Holder by electronic mail or facsimile transmission, as so requested; provided further that notices for Holders may also be posted to the Trustee's internet website;
(b) any case where notice documents (including reports, notices or supplements indentures) required to be provided by the Trustee to Holders may be delivered by providing notice of, and access to, the Trustee's website containing such documents;
(c) for so long as any Notes are listed on the Irish Stock Exchange and the guidelines of the Irish Stock Exchange so require, notices to the Holders of such Notes shall also be sent to the Irish Listing Agent for delivery to the Irish Stock Exchange; and
(d) such notice shall be in the English language. Such notices shall be deemed to have been given on the date of such mailing. Subject to Section 14.14, the Trustee shall 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 Notes (by Aggregate Outstanding Amount), at the expense of the Issuer. Subject to Section 14.14, the Trustee shall deliver to any Holder of Obligations or any Person that has certified to the Trustee in a writing substantially in the form of Exhibit C to this Indenture that it is given the owner of a beneficial interest in a Global Note, any information or notice requested to be so delivered by mail, neither a Holder or a Person that has made such certification that is reasonably available to the Trustee and all related costs will be borne by the requesting Holder or Person. Neither the failure to mail such notice any 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. 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 given.
(b) such 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.
(c) 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.
(d) 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 (Fifth Street Senior Floating Rate Corp.)
Notices to Holders; Waiver. (a) 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, 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 Recovery Bond Register or the Loan Register, as applicable, 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; and
(b) such notice shall be in the English language. In any case where Such notices will be deemed to have been given on the date of such mailing. Where this Indenture provides for notice to Holders holders of the Interests, such notice shall be sufficiently given if in writing and mailed, first class postage prepaid, or by overnight delivery service to Issuer, or by electronic mail transmission, at the Issuer’s address pursuant to Section 14.3. The Issuer shall forward all notices received pursuant to the preceding sentence to the holders of the Interests. The Issuer shall provide notice and a consent solicitation package to each holder of an Interest to the extent that such holder’s consent or approval is required hereunder. The Issuer shall provide written notice to the Trustee confirming any such approval or consent obtained from the requisite holders of the Interests. Notwithstanding clause (a) above, a Holder may give the Trustee a written notice that it is requesting that notices to 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. Notices for Holders may also be posted to the Trustee’s internet 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 Secured 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 Holder status. Neither the failure to mail such notice any 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. 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 given.
(b) such 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.
(c) 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.
(d) 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. (a) Where Except as otherwise expressly provided herein, where this Indenture provides for notice to Holders of any event, :
(e) (a) such notice shall be sufficiently given (unless otherwise herein expressly provided) to Holders if in writing and sent by email transmission, if available, and mailed, first-classfirst class postage prepaid, postage prepaid or by overnight delivery service (or, in the case of Holders of Global Notes, emailed to DTC), to each Holder affected by such event, at the address of such Holder’s address Holder as it appears on in the Recovery Bond Register, 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; and
(f) (b) such notice shall be in the English language. In any case where Where this Indenture provides for notice to Holders holders of Preferred Shares, such notice shall be sufficiently given if in writing and mailed, first class postage prepaid, or by overnight delivery service to Issuer, or by electronic mail transmission, at the Issuer’s address pursuant to Section 14.3 hereof. The Issuer shall forward all notices received pursuant to the preceding sentence to the holders of Preferred Shares. The Issuer shall provide notice and a consent solicitation package to each holder of a Preferred Share to the extent that such holder’s consent or approval is required hereunder. The Issuer shall provide written notice to the Trustee confirming any such approval or consent obtained from the requisite holders of the Preferred Shares. Notwithstanding clause (a) above, a Holder may give the Trustee a written notice that it is requesting that notices to 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. 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 Notes (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 Holder status. Neither the failure to mail such notice any 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. 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 given.
(b) such 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.
(c) 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.
(d) 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: First Supplemental Indenture (Owl Rock Capital Corp)
Notices to Holders; Waiver. (a) Where Except as otherwise expressly provided herein, where this Indenture provides provide 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, in the case of Holders of Global Secured 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 Recovery Bond Register, 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; and
(b) such notice shall be in the English language. In any case where Such notices shall be deemed to have been given on the date of such mailing. 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. Notices for Holders may also be posted to the Trustee’s internet website. The Trustee shall 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 Notes (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. For the avoidance of doubt, such information shall not include any Accountants’ Certificate. The Trustee may require the requesting Holders to comply with its standard verification policies in order to confirm Holder status. Neither the failure to mail such notice any 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. 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 given.
(b) such 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.
(c) 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.
(d) 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. (a) 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, firstfirst class postage prepaid, or by overnight delivery service (or, in the case of Holders of Global Secured 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 Recovery Bond 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; and
(b) such notice shall be in the English language. In any case where Such notices will be deemed to have been given on the date of such mailing. 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. Notices for Holders may also be posted to the Trustee’s internet 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 Notes (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 Noteholder status. Neither the failure to mail such notice any 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. 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 given.
(b) such 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.
(c) In case. Notwithstanding any provision to the contrary contained herein or in any agreement or document related thereto, by reason of the suspension of regular mail service as a result of a strikeany report, work stoppage notice, statement or similar activity, it shall be impractical to mail notice of any event of Holders when such notice is other information required to be given pursuant to any provision of this Indenture, then any manner of giving such notice as shall be satisfactory provided by the Issuer or the Trustee to the Indenture Trustee shall Holders may be deemed provided by providing access to be a sufficient giving of website containing such noticeinformation.
(d) 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. (a) 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, 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 Recovery Bond Register, 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 Notes are listed on the Irish Stock Exchange and the guidelines of the Irish Stock Exchange so require, such notice shall also be sent to the Irish Listing Agent for release through the Companies Announcements Office of the Irish Stock Exchange; and
(c) such notice shall be in the English language. In any case where Any such notices shall be delivered to Holders by the Trustee on behalf of the Issuer and shall be deemed to have been given on the date of such mailing or transmission to the Irish Stock Exchange, as applicable. Where this Indenture provides for notice to Holders holders of Interests, such notice shall be sufficiently given if in writing and mailed, first class postage prepaid, or by overnight delivery service to Issuer, or by electronic mail transmission, at the Issuer’s address pursuant to Section 14.3 hereof. The Issuer shall forward all notices received pursuant to the preceding sentence to the holders of Interests. The Issuer shall provide notice and a consent solicitation package to each holder of an Interest to the extent that such holder’s consent or approval is required hereunder. The Issuer shall provide written notice to the Trustee confirming any such approval or consent obtained from the requisite holders of the Interests. Notwithstanding clause (a) above, a Holder may give the Trustee a written notice that it is requesting that notices to 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. Notices for Holders may also be posted to the Trustee’s internet 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 Notes (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 Noteholder status. Neither the failure to mail such notice any 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. 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 given.
(b) such 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.
(c) 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.
(d) 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 (NewStar Financial, Inc.)
Notices to Holders; Waiver. (a) 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 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.
(b) . 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 Trustee, but such filing shall not be a condition precedent to the validity of any action taken in reliance upon such a waiver.
(c) . 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 noticenotification for every purpose hereunder.
(d) 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 (Us Office Products 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 expressly provided otherwise herein expressly providedor in such Security) if it is in writing and is mailed, first-first class, postage prepaid prepaid, or it is delivered to the United States Post Office or a recognized delivery company (such as Federal Express) for next-day delivery, to each Holder of Securities affected by such event, at such Holder’s his address as it appears on in the Recovery Bond Security 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 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 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 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 given.
(b) Holders of 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 Trustee, but such filing shall not be a condition precedent to the validity of any action taken in reliance upon such a waiver.
(c) 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.
(d) 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 (Wilmington Trust Corp)
Notices to Holders; Waiver. (a) 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 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.
(b) . 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 Trustee, but such filing shall not be a condition precedent to the validity of any action taken in reliance upon such a waiver.
(c) . 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.
(d) 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: Indenture (Great North Imports, LLC)
Notices to Holders; Waiver. (a) 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 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.
(b) . 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 Trustee, but such filing shall not be a condition precedent to the validity of any action taken in reliance upon such a waiver.
(c) . 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.
(d) 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. (a) 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, 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 Recovery Bond 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; and
(b) such notice shall be in the English language. In any case where Such notices will be deemed to have been given on the date of such mailing. 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. Notices for Holders may also be posted to the Trustee’s internet 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 Notes (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 Noteholder status. The Trustee shall have no liability for such disclosure or, subject to its duties herein, the accuracy thereof. Neither the failure to mail such notice any 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. 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 given.
(b) such 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.
(c) 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.
(d) 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. (a) 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 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.
(b) . Where this Indenture provides for notice in any manner, such notice may be waived in writing by any Person entitled to receive such notice, either before or after the event, and such waiver shall be the equivalent of such notice. Waivers of notice by 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.
(c) . 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.
(d) 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. (a) 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-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 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 in such required city 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 directed by the Company 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 directed by the Company 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 given.
(b) above. 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 Trustee, but such filing shall not be a condition precedent to the validity of any action taken in reliance upon such a waiver.
(c) 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.
(d) 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 (Agribiotech Inc)
Notices to Holders; Waiver. (a) 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 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.
(b) . 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 Trustee Agent, but such filing shall not be a condition precedent to the validity of any action taken in reliance upon such a waiver.
(c) . 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 notice.
(d) notification 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 not affect any other rights be sufficiently given (unless otherwise specified herein or obligations created hereunderpursuant 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 shall in The City of London or, if publication in London is not under any circumstance constitute a Default 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 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. (a) 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 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; and
(b) such notice shall be in the English language. In Such notices will be deemed to have been given on the date of such mailing and/or e‑mailing. 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 case where notice other Transaction Document, any information or documents (including, without limitation, reports, notices or supplemental indentures) required to be provided by the Collateral Trustee to Holders is given may be provided by mailnotice of, neither and access to, the Collateral Trustee’s website containing such document or information. The Collateral 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 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, (ii) any duty or obligation that the Collateral Trustee may have hereunder or (iii) applicable law. The Collateral Trustee may require the requesting Holders to comply with its standard verification policies in order to confirm Holder status. Neither the failure to mail such notice any 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. 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 or e‑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 Collateral Trustee shall conclusively be presumed constitute a sufficient notification to have been duly given.
(b) such 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 Collateral Trustee but such filing shall not be a condition precedent to the validity of any action taken in reliance upon such a waiver.
(c) In case. Without limiting any notice requirements set forth in Article VIII, by reason the Issuer shall deliver to all Holders any amendments or modifications to the Transaction Documents following the effectiveness of the suspension of regular mail service as a result of a strike, work stoppage such amendments or similar activity, it shall be impractical to mail modifications. Any notice of any event of Holders when such notice is required to be given pursuant hereunder to any provision the Holders of this Indenture, then any manner of giving such notice as the Class A-2 Loans shall be satisfactory provided to the Indenture Trustee shall be deemed to be a sufficient giving of Loan Agent, who has forward such notice.
(d) Where this Indenture provides for notice to the Rating AgenciesHolders of the Class A-2 Loans, 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 Defaultas applicable.
Appears in 1 contract
Notices to Holders; Waiver. (a) 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, in the case of Holders of Global Secured 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 Recovery Bond Register, or the Loan Register, as applicable, 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; and
(b) such notice shall be in the English language. In any case where Such notices will be deemed to have been given on the date of such mailing. Notwithstanding clause (a) above, a Holder may give the Collateral Trustee a written notice that it is requesting that notices to Holders is it be given by electronic mail and stating the electronic mail address for such transmission. Thereafter, the Collateral Trustee, the Issuer and/or the Collateral Manager may give notices to such Holder by electronic mail, neither as so requested. Notices for Holders may also be posted to the Collateral Trustee’s internet website. The Collateral Trustee will deliver to the Holders any information or notice relating to this Indenture and in the possession of the Collateral Trustee requested to be so delivered by at least 25% of the Holders of Debt (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, (ii) any duty or obligation that the Collateral Trustee may have hereunder or (iii) applicable law. Such information shall not include any Accountants’ Reports. The Collateral Trustee may require the requesting Holders to comply with its standard verification policies in order to confirm Holder status. The Collateral Trustee shall have no liability for any such disclosure or subject to its duties herein, the accuracy thereof. Neither the failure to mail such notice any 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. 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 or e-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 Collateral Trustee shall conclusively be presumed constitute a sufficient notification to have been duly given.
(b) such 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 Collateral Trustee but such filing shall not be a condition precedent to the validity of any action taken in reliance upon such a waiver.
(c) 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 . Any notice of any event of Holders when such notice is required to be given pursuant hereunder to any provision the Holders of this Indenture, then any manner of giving such notice as the Class A-2 Loans and/or the Class B Loans shall be satisfactory provided to the Indenture Trustee applicable Loan Agent, who shall be deemed to be a sufficient giving of forward such notice.
(d) Where this Indenture provides for notice to the Rating AgenciesClass A-2 Lenders and/or the Class B Lenders. Without limiting any notice requirements set forth in Article VIII, failure the Issuer shall deliver to give all Holders any amendments or modifications to the Transaction Documents following the effectiveness of such notice shall not affect any other rights amendments or obligations created hereunder, and shall not under any circumstance constitute a Default or Event of Defaultmodifications.
Appears in 1 contract
Samples: Indenture and Security Agreement (Varagon Capital Corp)