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, first-class postage prepaid, to each Noteholder, at its address as it appears 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. For as long as the Notes are listed on the Luxembourg Stock Exchange the Issuer will publish any changes as to the identity of the Luxembourg Paying Agent or the Luxembourg Transfer Agent in a leading newspaper in Luxembourg, which is expected to be d’Wort, or on the website of the Luxembourg Stock Exchange (xxx.xxxxxx.xx); or, if such publication is not practicable, in a leading English language daily newspaper with general circulation in Europe, such newspaper being published on each business day in morning editions, whether or not it shall be published in Saturday, Sunday or holiday editions. Where this Indenture provides for notice, such notice may be waived in writing by the Person entitled to receive such notice, either before or after the event, and such waiver shall be the equivalent of such notice. Waivers of notice by 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 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, to any particular Noteholder shall affect the sufficiency of such notice with respect to other Noteholders, and any notice that is mailed in the manner herein provided shall be conclusively presumed to have been duly given.

Appears in 3 contracts

Samples: Indenture (Ambev S.A.), Indenture (InBev Corporate Holdings Inc.), Indenture (American Beverage Co Ambev)

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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, first-class postage prepaid, to each Noteholder, at its address as it appears 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. For as So long as the Notes are listed on the Luxembourg Stock Exchange and so long as it is required by the Issuer will publish any changes as to the identity rules of the Luxembourg Paying Agent or Stock Exchange, publication of any notice to the Luxembourg Transfer Agent Noteholders shall be made in English in a leading newspaper having general circulation in Luxembourg, Luxembourg (which is expected to be d’Wort, or on the website of the Luxembourg Stock Exchange (xxx.xxxxxx.xx); Luxemburger Wort) or, if such publication is not practicable, in a leading English language daily newspaper with general circulation in Europe, such newspaper being published on each business day in morning editions, whether or not it shall be published in Saturday, Sunday or holiday editions. Where this Indenture provides for notice, such notice may be waived in writing by the Person entitled to receive such notice, either before or after the event, and such waiver shall be the equivalent of such notice. Waivers of notice by 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 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, to any particular Noteholder shall affect the sufficiency of such notice with respect to other Noteholders, and any notice that is mailed in the manner herein provided shall be conclusively presumed to have been duly given.

Appears in 3 contracts

Samples: Indenture (CSN Islands IX Corp.), Indenture (American Beverage Co Ambev), Indenture (Petrobras International Finance Co)

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, first-class postage prepaid, to each Noteholder, at its address as it appears 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. For as So long as the Notes are listed on the Luxembourg Stock Exchange and so long as it is required by the Issuer will publish any changes as to the identity rules of the Luxembourg Paying Agent or Stock Exchange, publication of any notice to the Luxembourg Transfer Agent Noteholders shall be made in English in a leading newspaper having general circulation in Luxembourg, Luxembourg (which is expected to be d’Wort, or on the website of the Luxembourg Stock Exchange (xxx.xxxxxx.xx); LUXEMBURGER WORT) or, if such publication is not practicable, in a leading English language daily newspaper with general circulation in Europe, such newspaper being published on each business day in morning editions, whether or not it shall be published in Saturday, Sunday or holiday editions. Where this Indenture provides for notice, such notice may be waived in writing by the Person entitled to receive such notice, either before or after the event, and such waiver shall be the equivalent of such notice. Waivers of notice by 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 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, to any particular Noteholder shall affect the sufficiency of such notice with respect to other Noteholders, and any notice that is mailed in the manner herein provided shall be conclusively presumed to have been duly given.

Appears in 1 contract

Samples: Indenture (American Beverage Co Ambev)

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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, first-class postage prepaid, to each Noteholder, at its address as it appears 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. For as So long as the Notes are listed on the Luxembourg Stock Exchange and so long as it is required by the Issuer will publish any changes as to the identity rules of the Luxembourg Paying Agent or Stock Exchange, publication of any notice to the Luxembourg Transfer Agent Noteholders shall be made in English in a leading newspaper having general circulation in Luxembourg, Luxembourg (which is expected to be d’Wort, or on the website of the Luxembourg Stock Exchange (xxx.xxxxxx.xx); Luxemburger Wort) or, if such publication is not practicable, in a leading English language daily newspaper with general circulation in Europe, such newspaper being published on each business day in morning editions, whether or not it shall be published in Saturday, Sunday or holiday editions. Where this Indenture provides for notice, such notice may be waived in writing by the Person entitled to receive such notice, either before or after the event, and such waiver shall be the equivalent of such notice. Waivers of notice by 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 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, to any particular Noteholder shall affect the sufficiency of such notice with respect to other Noteholders, and any notice that is mailed in the manner herein provided shall be conclusively presumed to have been duly given.

Appears in 1 contract

Samples: Indenture (Petrobras International Finance Co)

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