Common use of Notices to Senior Noteholders; Waiver Clause in Contracts

Notices to Senior Noteholders; Waiver. Where this Indenture provides for notice to Senior 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 Senior Noteholder affected by such event, at his address as it appears on the Senior Note Register, not later than the latest and not earlier than the earliest date prescribed for the giving of such notice. In any case where notice to Senior Noteholders is given by mail, neither the failure to mail such notice nor any defect in any notice so mailed to any particular Senior Noteholder shall affect the sufficiency of such notice with respect to other Senior Noteholders, and any notice that is mailed in the manner herein provided shall conclusively be presumed to have been duly given. Where this Indenture provides for notice in any manner, such notice may be waived in writing by any Person entitled to receive such notice, either before or after the event, and such waiver shall be the equivalent of such notice. Waivers of notice by Senior 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 a waiver. In case, by reason of the suspension of regular mail service as a result of a strike, work stoppage or similar activity, it shall be impractical to mail notice of any event of Senior 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 satisfactory to the Indenture Trustee shall be deemed to be a sufficient giving of such notice. Where this Indenture provides for notice to each Rating Agency, failure to give such notice shall not affect any other rights or obligations created hereunder, and shall not under any circumstance constitute an Indenture Default.

Appears in 3 contracts

Samples: BMW Vehicle Lease Trust 2000-A, Ryder Truck Rental I Lp, Ryder Truck Rental I Lp

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Notices to Senior Noteholders; Waiver. Where this Indenture provides for notice to Senior Noteholders of any event, such notice shall be sufficiently given (unless otherwise herein expressly provided) if in writing and mailed, first first-class, postage prepaid to each Senior Noteholder affected by such event, at his address as it appears on the Senior Note Register, not later than the latest and not earlier than the earliest date date, prescribed for the giving of such notice. In any case where notice to Senior Noteholders is given by mail, neither the failure to mail such notice nor any defect in any notice so mailed to any particular Senior Noteholder shall affect the sufficiency of such notice with respect to other Senior Noteholders, and any notice that is mailed in the manner herein provided shall conclusively be presumed to have been duly given. Where this Indenture provides for notice in any manner, such notice may be waived in writing by any Person entitled to receive such notice, either before or after the event, and such waiver shall be the equivalent of such notice. Waivers of notice by Senior 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 a waiver. In case, by reason of the suspension of regular mail service as a result of a strike, work stoppage or similar activity, it shall be impractical to mail notice of any event of Senior 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 satisfactory to the Indenture Trustee shall be deemed to be a sufficient giving of such notice. Where this Indenture provides for notice to each Rating Agency, failure to give such notice shall not affect any other rights or obligations created hereunder, and shall not under any circumstance constitute an Indenture Default.

Appears in 1 contract

Samples: Indenture (RCL Trust 1996 1)

Notices to Senior Noteholders; Waiver. Where this Indenture provides for notice to Senior Noteholders of any event, such notice shall be sufficiently given (unless otherwise herein expressly provided) if in writing and mailed, first first-class, postage prepaid to each Senior Noteholder affected by such event, at his address as it appears on the Senior Note Register, not later than the latest and not earlier than the earliest date date, prescribed for the giving of such notice. In any case where notice to Senior Noteholders is given by mail, neither the failure to mail such notice nor any defect in any notice so mailed to any particular Senior Noteholder shall affect the sufficiency of such notice with respect to other Senior Noteholders, and any notice that is mailed in the manner herein provided shall conclusively be presumed to have been duly given. Where this Indenture provides for notice in any manner, such notice may be waived in writing by any Person entitled to receive such notice, either before or after the event, and such waiver shall be the equivalent of such notice. Waivers of notice by Senior 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 a waiver. In case, by reason of the suspension of regular mail service as a result of a strike, work stoppage or similar activity, it shall be impractical to mail notice of any event of Senior 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 satisfactory to the Indenture Trustee shall be deemed to be a sufficient giving of such notice. Where this Indenture provides for notice to each Rating Agency, failure to give such notice shall not affect any other rights or obligations created hereunder, and shall not under any circumstance constitute an Indenture Default.

Appears in 1 contract

Samples: Indenture (RCL Trust 1996 1)

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Notices to Senior Noteholders; Waiver. Where this Indenture provides for notice to Senior Noteholders of any event, such notice shall be sufficiently given (unless otherwise herein expressly provided) if in writing and mailed, first first-class, postage prepaid to each Senior Noteholder affected by such event, at his address as it appears on the Senior Note Register, not later than the latest and not earlier than the earliest date date, prescribed for the giving of such notice. In any case where notice to Senior Noteholders is given by mail, neither the failure to mail such notice nor any defect in any notice so mailed to any particular Senior Noteholder shall affect the sufficiency of such notice with respect to other Senior Noteholders, and any notice that is mailed in the manner herein provided shall conclusively be presumed to have been duly given. Where this Indenture provides for notice in any manner, such notice may be waived in writing by any Person entitled to receive such notice, either before or after the event, and such waiver shall be the equivalent of such notice. Waivers of notice by Senior 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 a waiver. In case, by reason of the suspension of regular mail service as a result of a strike, work stoppage or similar activity, it shall be impractical to mail notice of any event of Senior 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 satisfactory to the Indenture Trustee shall be deemed to be a sufficient giving of such notice. Where this Indenture provides for notice to each the Rating AgencyAgencies, failure to give such notice shall not affect any other rights or obligations created hereunder, and shall not under any circumstance constitute an Indenture DefaultEvent of Default or Early Amortization Event.

Appears in 1 contract

Samples: Indenture (Fcal LLC)

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