Common use of Notices to Noteholders; Waiver Clause in Contracts

Notices to Noteholders; Waiver. Where this Indenture provides for notice to Noteholders of any event, such notice shall be sufficiently given (unless otherwise herein expressly provided) if in writing and mailed by registered mail return receipt requested or by overnight courier or hand delivery, to each Noteholder, at its address as it appears on the Note Register, not later than the latest date, and not earlier than the earliest date, prescribed for the giving of such notice. Any notice which is mailed in the manner herein provided shall be deemed effective upon receipt or refusal. 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 the Noteholders shall be filed with the Trustee, but such filing shall not be a condition precedent to the validity of any action taken in reliance upon such waiver. 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 to the Noteholders 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 reasonably satisfactory to the Trustee shall be deemed to be a sufficient giving of such notice.

Appears in 2 contracts

Samples: Indenture (Iconix Brand Group, Inc.), Indenture (Iconix Brand Group, Inc.)

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Notices to Noteholders; Waiver. (a) Where this Indenture provides for notice to Noteholders of any condition or event, such notice shall be sufficiently given as specified in Section 10.5 of the Sale and Servicing Agreement. (unless otherwise herein expressly providedb) if in writing and mailed by registered mail return receipt requested or by overnight courier or hand delivery, to each Noteholder, at its address as it appears on the Note Register, not later than the latest date, and not earlier than the earliest date, prescribed for the giving of such notice. Any notice which is mailed in the manner herein provided shall be deemed effective upon receipt or refusal. 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 the Noteholders shall be filed with the Trustee, 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 to the of Noteholders 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 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 an Event of Default.

Appears in 2 contracts

Samples: Indenture (First Security Bank Na), Indenture (First Security Auto Owner Trust 1998-1)

Notices to Noteholders; Waiver. Where this Indenture provides for notice to Noteholders of any event, such notice shall be sufficiently given (unless otherwise herein expressly provided) if in writing and mailed by registered mail return receipt requested or by overnight courier or hand deliverymailed, first-class postage prepaid, to each Noteholder, at its address as it appears on in the Note Register, not later than the latest date, if any, and not earlier than the earliest date, if any, prescribed for the giving of such notice. Any notice which is mailed in the manner herein provided shall be deemed effective upon receipt or refusal. Where this Indenture provides for notice in any mannernotice, 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 the Noteholders shall be filed with the Trustee, but such filing shall not be a condition precedent to the validity of any action taken in reliance upon such waiver. In caseany case where notice to Noteholders is given by mail, by reason neither the failure to mail such notice, nor any defect in any notice so mailed, to any particular Noteholder shall affect the sufficiency of such notice with respect to other Noteholders, 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 notice of any event to the Noteholders 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 reasonably satisfactory to the Trustee shall be deemed to be a sufficient giving of such noticehave been duly given.

Appears in 2 contracts

Samples: Indenture (Unibanco Union of Brazilian Banks Sa), Indenture (Tele Norte Leste Participacoes Sa)

Notices to Noteholders; Waiver. (a) Where this Indenture provides for notice to Noteholders of any condition or event, such notice shall be sufficiently given as specified in Section 9.5 of the Sale and Servicing Agreement. (unless otherwise herein expressly providedb) if in writing and mailed by registered mail return receipt requested or by overnight courier or hand delivery, to each Noteholder, at its address as it appears on the Note Register, not later than the latest date, and not earlier than the earliest date, prescribed for the giving of such notice. Any notice which is mailed in the manner herein provided shall be deemed effective upon receipt or refusal. 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 the Noteholders shall be filed with the Trustee, 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 to the of Noteholders 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 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 an Event of Default.

Appears in 2 contracts

Samples: Indenture (First Security Bank Na), Indenture (First Security Auto Owner Trust 1999 1)

Notices to Noteholders; Waiver. Where this Indenture provides for notice to Noteholders of any event, such notice shall be sufficiently given (unless otherwise herein expressly provided) if in writing and mailed by registered mail return receipt requested or by overnight courier or hand deliverymailed, first-class postage prepaid, to each Noteholder, at its address as it appears on in the Note Register, not later than the latest date, if any, and not earlier than the earliest date, if any, prescribed for the giving of such notice. Any notice which is mailed in the manner herein provided shall be deemed effective upon receipt or refusal. Where this Indenture provides for notice in any mannernotice, 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 the Noteholders shall be filed with the Indenture Trustee, but such filing shall not be a condition precedent to the validity of any action taken in reliance upon such waiver. In caseany case where notice to Noteholders is given by mail, by reason neither the failure to mail such notice, nor any defect in any notice so mailed, to any particular Noteholder shall affect the sufficiency of such notice with respect to other Noteholders, 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 notice of any event to the Noteholders 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 reasonably satisfactory to the Trustee shall be deemed to be a sufficient giving of such noticehave been duly given.

Appears in 2 contracts

Samples: Indenture (Brasil Telecom Holding Co), Indenture (Brasil Telecom Sa)

Notices to Noteholders; Waiver. (a) Where this Indenture provides for notice to Noteholders of any condition or event, such notice shall be sufficiently given as specified in Appendix B to ---------- the Pooling and Servicing Agreement. (unless otherwise herein expressly providedb) if in writing and mailed by registered mail return receipt requested or by overnight courier or hand delivery, to each Noteholder, at its address as it appears on the Note Register, not later than the latest date, and not earlier than the earliest date, prescribed for the giving of such notice. Any notice which is mailed in the manner herein provided shall be deemed effective upon receipt or refusal. 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 the Noteholders shall be filed with the Trustee, 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 to the of Noteholders 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 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 an Event of Default.

Appears in 1 contract

Samples: Indenture (Navistar Financial Retail Receivables Corporation)

Notices to Noteholders; Waiver. Where this Indenture Security Agreement provides for notice to Noteholders of any event, such notice shall be sufficiently given (unless otherwise herein expressly provided) if in writing and mailed by registered mail return receipt requested or by overnight courier courier, email transmission or hand delivery, to each Noteholder, at its address as it appears on the Note Register, Noteholder not later than the latest date, and not earlier than the earliest date, prescribed for the giving of such notice. Any notice which is mailed in the manner herein provided shall be deemed effective upon receipt or refusal. Where this Indenture Security 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 the Noteholders shall be filed with the TrusteeAgent, 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 as a result of a strike, work stoppage or similar activity, it shall be impractical to mail notice of any event to the Noteholders when such notice is required to be given pursuant to any provision of this IndentureSecurity Agreement, then any manner of giving such notice as shall be reasonably satisfactory to the Trustee Agent shall be deemed to be a sufficient giving of such notice.

Appears in 1 contract

Samples: Security Agreement (NexCen Brands, Inc.)

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Notices to Noteholders; Waiver. (a) Where this Indenture provides for notice to Noteholders of any condition or event, such notice shall be sufficiently given as specified in Appendix B to the ---------- Pooling Agreement. (unless otherwise herein expressly providedb) if in writing and mailed by registered mail return receipt requested or by overnight courier or hand delivery, to each Noteholder, at its address as it appears on the Note Register, not later than the latest date, and not earlier than the earliest date, prescribed for the giving of such notice. Any notice which is mailed in the manner herein provided shall be deemed effective upon receipt or refusal. 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 the Noteholders shall be filed with the Trustee, 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 to the of Noteholders 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 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 an Event of Default.

Appears in 1 contract

Samples: Indenture (Navistar Financial Retail Receivables Corporation)

Notices to Noteholders; Waiver. (a) Where this Indenture provides for publication of notice to Noteholders of any event, such notice shall be sufficiently given (unless otherwise herein expressly provided) if in writing and mailed mailed, first-class postage prepaid, or sent by registered mail return receipt requested or by overnight courier or hand deliveryfacsimile transmission, to each NoteholderHolder of such Notes, at its the address of such Holder as it appears on in the Note Register, not later than the latest date, and not earlier than the earliest date, prescribed for the giving first publication of such notice. Any . (b) In any case where notice which to Noteholders is mailed given, neither the failure to send such notice, nor any defect in any notice so sent, to any particular Noteholder shall affect the manner herein provided shall be deemed effective upon receipt or refusalsufficiency of such notice with respect to other Noteholders. 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 the Noteholders shall be filed with the Trustee, but such filing shall not be a condition precedent to the validity of any action taken in reliance upon such waiver. 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 to the Noteholders 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 reasonably satisfactory to the Trustee shall be deemed to be a sufficient giving of such notice.

Appears in 1 contract

Samples: Trust Indenture (La Man Corporation)

Notices to Noteholders; Waiver. Where this Indenture provides for notice to Noteholders of any event, such notice shall be sufficiently given (unless otherwise herein expressly provided) if sent in writing and accordance with Section 15.4 hereof. In any case where notice to Noteholders is given by mail, neither the failure to mail such notice nor any defect in any notice so mailed by registered mail return receipt requested or by overnight courier or hand delivery, to each Noteholder, at its address as it appears on any particular Noteholder shall affect the Note Register, not later than the latest datesufficiency of such notice with respect to other Noteholders, and not earlier than the earliest date, prescribed for the giving of such notice. Any any notice which that is mailed in the manner herein provided shall conclusively be deemed effective upon receipt or refusalpresumed to have been duly given. Where this Indenture provides for notice in any manner, such notice may be waived in writing by any Person entitled to receive such notice, either before or after the event, and such waiver shall be the equivalent of such notice. Waivers of notice by the Noteholders shall be filed with the Trustee, Indenture Trustee but such filing shall not be a condition precedent to the validity of any action taken in reliance upon such a waiver. In case, by reason of the suspension of regular mail service as a result of a strike, work stoppage or similar activityservice, it shall be impractical to mail notice of any event to the Noteholders 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 reasonably satisfactory to the Indenture Trustee shall be deemed to be a sufficient giving of such notice.

Appears in 1 contract

Samples: Indenture (Oportun Financial Corp)

Notices to Noteholders; Waiver. (a) Where this Indenture provides for notice to Noteholders of any condition or event, such notice shall be sufficiently given as specified in Appendix B. (unless otherwise herein expressly providedb) if in writing and mailed by registered mail return receipt requested or by overnight courier or hand delivery, to each Noteholder, at its address as it appears on the Note Register, not later than the latest date, and not earlier than the earliest date, prescribed for the giving of such notice. Any notice which is mailed in the manner herein provided shall be deemed effective upon receipt or refusal. 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 the Noteholders shall be filed with the Trustee, 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 to the of Noteholders 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 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 an Event of Default.

Appears in 1 contract

Samples: Indenture (Crystal Oil Co)

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