Common use of Notices to Securityholders; Waiver Clause in Contracts

Notices to Securityholders; Waiver. Where this Indenture or any Security provides for notice to Securityholders of any event, such notice shall be sufficiently given (unless otherwise herein or in such Security expressly provided) if in writing and mailed, first-class postage prepaid, to each Securityholder affected by such event, at its address as it appears in the Security 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 Securityholders is given by mail, neither the inadvertent failure to mail such notice, nor any defect in any notice so mailed, to any particular Securityholder shall affect the sufficiency of such notice with respect to other Securityholders. Where this Indenture or any Security provides for notice in any manner, such notice may be waived in writing by the Person entitled to receive such notice, either before or after the event, and such waiver shall be the equivalent of such notice. Waivers of notice by Securityholders 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 addition, so long as the Securities are listed on the official list of the Luxembourg Stock Exchange and admitted to trading on the Euro MTF market and it is required by the rules of such exchange, all notices to Holders of Securities will be published in English: (a) in a leading newspaper having a general circulation in Luxembourg (which currently is expected to be Luxemburger Wort); or (b) on the website of the Luxembourg Stock Exchange at xxxx://xxx.xxxxxx.xx.Xxxxxxx will be deemed to have been given on the date of mailing or of publication as aforesaid or, if published on different dates, on the date of the first such

Notices to Securityholders; Waiver. Where this Indenture or any Security provides for notice to Securityholders of any event, such notice shall be sufficiently given (unless otherwise herein or in such Security expressly provided) (a) to Holders of Registered Securities, if in writing and mailed, first-class class, postage prepaid, to each Securityholder Holder of Registered Securities affected by such event, at its such Holder’s address as it appears in on the Security Register, not later than the latest date, and not earlier than the earliest date, prescribed for the giving of such notice and (b) except as otherwise specified with respect to any Securities pursuant to Section 3.01, to Holders of Bearer Securities, if published in an Authorized Newspaper in the City of New York and, if the Securities of such series are then listed on the London Stock Exchange 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 outside the United States and such stock exchange shall so require, in any other required city outside the United States or, if not practicable, in Europe, on a Business Day at least twice, the first such publication to be not later than the latest date and not earlier than the earliest date prescribed for the giving of such notice. Any such notice shall be deemed to have been given on the date of such publication or, if published more than once, on the date of the first publication. In any case where notice to Securityholders Holders of Registered Securities is given by mail, neither the inadvertent failure to mail such notice, nor any defect in any notice so mailed, to any particular Securityholder Holder of a Registered Security shall affect the sufficiency of such notice with respect to other SecurityholdersHolders of Registered Securities or the sufficiency of any notice by publication to Holders of Bearer Securities given as provided herein. Any notice mailed to a Holder in the manner prescribed herein shall be conclusively deemed to have been given to such Holder whether or not received by such Holder. In case, by reason of the suspension of regular mail service, or by reason of any other cause, it shall be impossible or impracticable to give notice to Holders of Registered Securities by mail, then such notification as shall be made with the approval of the Trustee shall constitute sufficient notification to Holders for every purpose hereunder. Where this Indenture or any Securities provide for notice of any event (including any notice of redemption or repurchase) to a Holder of a Global Security (whether by mail or otherwise), such notice shall be sufficiently given if given to the Depositary (or its designee) pursuant to the standing instructions from the Depositary or its designee, including by electronic mail in accordance with Applicable Procedures. Any request, demand, authorization, direction, notice, consent or waiver required or permitted under this Indenture shall be in the English language, except that any published notice may be in an official language of the country of publication. In case, by reason of the suspension of publication of any Authorized Newspaper, or by reason of any other cause, it shall be impossible or impracticable to make publication of any notice to Holders of Bearer Securities in an Authorized Newspaper or Authorized Newspapers as required by this Indenture, then such method of publication or notification to Holders of Bearer Securities as shall be made with the approval of the Trustee shall constitute a sufficient publication of such notice. Neither the failure to give notice by publication, nor any defect in any notice so given, to any particular Holder of a Bearer Security as provided herein shall affect the sufficiency of such notice with respect to other Holders of Bearer Securities or the sufficiency of any notice given to Holders of Registered Securities as provided herein. Where this Indenture provides for notice in any manner, such notice may be waived in writing by the Person entitled to receive such notice, either before or after the event, and such waiver shall be the equivalent of such notice. Waivers of notice by Securityholders 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 addition, so long as the Securities are listed on the official list of the Luxembourg Stock Exchange and admitted to trading on the Euro MTF market and it is required by the rules of such exchange, all notices to Holders of Securities will be published in English: (a) in a leading newspaper having a general circulation in Luxembourg (which currently is expected to be Luxemburger Wort); or (b) on the website of the Luxembourg Stock Exchange at xxxx://xxx.xxxxxx.xx.Xxxxxxx will be deemed to have been given on the date of mailing or of publication as aforesaid or, if published on different dates, on the date of the first such

Notices to Securityholders; Waiver. Where this Indenture or any Security provides for notice to Securityholders of any event, such notice shall be sufficiently given (unless otherwise herein or in such Security expressly provided) (a) to Holders of Registered Securities, if in writing and mailed, first-class class, postage prepaid, to each Securityholder Holder of Registered Securities affected by such event, at its such Holder's address as it appears in on the Security Register, not later than the latest date, and not earlier than the earliest date, prescribed for the giving of such notice and (b) except as otherwise specified with respect to any Securities pursuant to Section 3.01, to Holders of Bearer Securities, if published in an Authorized Newspaper in the City of New York and, if the Securities of such series are then listed on the London Stock Exchange 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 outside the United States and such stock exchange shall so require, in any other required city outside the United States or, if not practicable, in Europe, on a Business Day at least twice, the first such publication to be not later than the latest date and not earlier than the earliest date prescribed for the giving of such notice. Any such notice shall be deemed to have been given on the date of such publication or, if published more than once, on the date of the first publication. In any case where notice to Securityholders Holders of Registered Securities is given by mail, neither the inadvertent failure to mail such notice, nor any defect in any notice so mailed, to any particular Securityholder Holder of a Registered Security shall affect the sufficiency of such notice with respect to other SecurityholdersHolders of Registered Securities or the sufficiency of any notice by publication to Holders of Bearer Securities given as provided herein. Any notice mailed to a Holder in the manner prescribed herein shall be conclusively deemed to have been given to such Holder whether or not received by such Holder. In case, by reason of the suspension of regular mail service, or by reason of any other cause, it shall be impossible or impracticable to give notice to Holders of Registered Securities by mail, then such notification as shall be made with the approval of the Trustee shall constitute sufficient notification to Holders for every purpose hereunder. Any request, demand, authorization, direction, notice, consent or waiver required or permitted under this Indenture shall be in the English language, except that any published notice may be in an official language of the country of publication. In case, by reason of the suspension of publication of any Authorized Newspaper, or by reason of any other cause, it shall be impossible or impracticable to make publication of any notice to Holders of Bearer Securities in an Authorized Newspaper or Authorized Newspapers as required by this Indenture, then such method of publication or notification to Holders of Bearer Securities as shall be made with the approval of the Trustee shall constitute a sufficient publication of such notice. Neither the failure to give notice by publication, nor any defect in any notice so given, to any particular Holder of a Bearer Security as provided herein shall affect the sufficiency of such notice with respect to other Holders of Bearer Securities or the sufficiency of any notice given to Holders of Registered Securities as provided herein. Where this Indenture or any Security provides for notice in any manner, such notice may be waived in writing by the Person entitled to receive such notice, either before or after the event, and such waiver shall be the equivalent of such notice. Waivers of notice by Securityholders 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 addition, so long as the Securities are listed on the official list of the Luxembourg Stock Exchange and admitted to trading on the Euro MTF market and it is required by the rules of such exchange, all notices to Holders of Securities will be published in English: (a) in a leading newspaper having a general circulation in Luxembourg (which currently is expected to be Luxemburger Wort); or (b) on the website of the Luxembourg Stock Exchange at xxxx://xxx.xxxxxx.xx.Xxxxxxx will be deemed to have been given on the date of mailing or of publication as aforesaid or, if published on different dates, on the date of the first such

Notices to Securityholders; Waiver. (a) Where this the Indenture or any Security provides for notice to Securityholders of any event, such notice shall be, at the expense and at the written direction of the Issuer, given by the Trustee and shall be deemed sufficiently given (unless otherwise herein or in such Security expressly provided) if (i) given in writing and mailed, first-class postage prepaid, to each Securityholder affected by such eventSecurityholder, at its address as it appears in the Security 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. In any case where , (ii) published in English on at least one Business Day in a morning edition in a leading newspaper having general circulation in the Borough of Manhattan, The City of New York, and (iii) so long as the Securities are listed on the Official List of the Luxembourg Stock Exchange and admitted for trading on the Euro MTF and the rules of that exchange so require, either on the website of the Luxembourg Stock Exchange (xxx.xxxxxx.xx) or published in English in a leading newspaper with general circulation in Luxembourg (which is expected to be d’Wort) or, if such publication is not practicable, in another leading English language daily newspaper with general circulation in Europe, and, in each case, such notice to Securityholders is given by mailbe published on at least one Business Day in a morning edition, neither whether or not it shall be published in Saturday, Sunday or holiday editions. The Trustee’s delivery of notice to clearing systems shall constitute compliance with the inadvertent failure requirement to mail such notice, nor any defect in any notice so mailed, to any particular Securityholder shall affect the sufficiency of such notice publish with respect to other Securityholdersnotices from the Trustee. Any notice will be deemed validly given on (x) the date of mailing in respect of notices given in accordance with clause (i) and (y) the date of publication in the case of notices given in accordance with clause (ii) and (if applicable) clause (iii). Where this the Indenture or any Security provides for notice in any mannernotice, 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 Securityholders 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 additionthe case of notice given by mail pursuant to clause (i), neither the failure to mail such notice, nor any defect in any notice so long as mailed, to any particular Securityholder shall affect the Securities are listed on the official list of the Luxembourg Stock Exchange and admitted to trading on the Euro MTF market and it is required by the rules sufficiency of such exchange, all notices notice with respect to Holders of Securities will be published in English: (a) in a leading newspaper having a general circulation in Luxembourg (which currently is expected to be Luxemburger Wort); or (b) on the website of the Luxembourg Stock Exchange at xxxx://xxx.xxxxxx.xxother Securityholders.Xxxxxxx will be deemed to have been given on the date of mailing or of publication as aforesaid or, if published on different dates, on the date of the first such

Notices to Securityholders; Waiver. (a) Where this Indenture or any Security provides for notice to Securityholders of any event, such notice shall be given by the Trustee and shall be deemed sufficiently given (unless otherwise herein or in such Security expressly provided) if (a) given in writing and mailed, first-class postage prepaid, to each Securityholder affected by such eventSecurityholder, at its address as it appears in the Security 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. In any case where , (b) published in English on at least one Business Day in a morning edition in a leading newspaper having general circulation in the Borough of Manhattan, The City of New York, and (c) so long as the Securities are listed on the Luxembourg stock exchange and the rules of that exchange so require, published in English in a leading newspaper having general circulation in Luxembourg (which is expected to be d'Wort) or, if such publication is not practicable, in another leading English language daily newspaper with general circulation in Europe, and, in each case, such notice to Securityholders is be published on at least one Business Day in a morning edition, whether or not it shall be published in Saturday, Sunday or holiday editions. Any notice will be deemed validly given by mail, neither on (i) the inadvertent failure date of mailing in respect of notices given in accordance to mail such notice, nor any defect clause (a) and (ii) the date of publication in any notice so mailed, to any particular Securityholder shall affect the sufficiency case of such notice notices given in accordance with respect to other Securityholdersclause (b) and (if applicable) clause (c). Where this Indenture or any Security provides for notice in any mannernotice, 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 Securityholders 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 additionthe case of notice given by mail pursuant to clause (a), neither the failure to mail such notice, nor any defect in any notice so long as mailed, to any particular Securityholder shall affect the Securities are listed on the official list of the Luxembourg Stock Exchange and admitted to trading on the Euro MTF market and it is required by the rules sufficiency of such exchange, all notices notice with respect to Holders of Securities will be published in English: (a) in a leading newspaper having a general circulation in Luxembourg (which currently is expected to be Luxemburger Wort); or (b) on the website of the Luxembourg Stock Exchange at xxxx://xxx.xxxxxx.xxother Securityholders.Xxxxxxx will be deemed to have been given on the date of mailing or of publication as aforesaid or, if published on different dates, on the date of the first such