Notices; Waiver. Any request, demand, authorization, --------------- direction, notice, consent, waiver or other document provided or permitted by this Pledge Agreement to be made upon, given or furnished to, or filed with (a) the Company shall be sufficient for every purpose hereunder if in writing (including telecopied communications) and made, given, furnished or filed by personal delivery or mailed by first-class mail or by nationally recognized overnight courier, postage or courier charges, as the case may be, prepaid, to the Company at: Trans World Airlines, Inc. One City Centre 000 X. 0xx Xxxxxx Xx. Xxxxx, Xxxxxxxx 00000 Attention: Senior Vice President & General Counsel Telecopier No.: (000) 000-0000 (b) the Collateral Agent shall be sufficient for every purpose hereunder if in writing (including telecopied communications) and made, given, furnished or filed by personal delivery or mailed by registered or certified mail or by nationally recognized overnight courier, postage or courier charges, as the case may be, prepaid, to or with the Collateral Agent at: First Security Bank, National Association 00 Xxxxx Xxxx Xxxxxx Xxxx Xxxx Xxxx, XX 00000 Attention: Corporate Trust Services Telecopier No.: (000) 000-0000 or to any of the above parties at any other address or telecopier number subsequently furnished in writing by it to each of the other parties listed above. An affidavit by any person representing or acting on behalf of the Company or the Collateral Agent as to such mailing, having any registry receipt required by this Section attached, shall be conclusive evidence of the giving of such demand, notice or communication. Any notice or communication mailed to a Holder shall be mailed to such Holder by first-class mail or by nationally recognized overnight courier, postage or courier charges, as the case may be, prepaid, at such Holder's address as it appears on the Register and shall be sufficiently given to such Holder if so mailed within the time prescribed. Failure to mail a notice or send a communication to a Holder or any defect in it shall not affect its sufficiency with respect to other Holders. Notices to the Collateral Agent or to the Company are deemed given only when received. Where this Pledge Agreement 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 the Holders shall be filed with the Collateral Agent, but such filing shall not be a condition precedent to the validity of any action taken in reliance upon such waiver.
Appears in 2 contracts
Samples: Indenture (Trans World Airlines Inc /New/), Pledge and Security Agreement (Trans World Airlines Inc /New/)
Notices; Waiver. Any request, demand, authorization, --------------- direction, notice, consent, waiver or other document provided or permitted by this Pledge Agreement to be made upon, given or furnished to, or filed with
(a) the Company shall be sufficient for every purpose hereunder if in writing (including telecopied communications) and made, given, furnished or filed sent by personal delivery delivery, by telecopier, by registered or mailed by first-class certified mail or by nationally recognized overnight courier, postage or courier charges, as the case may be, prepaid, to the Company at: Trans World Continental Airlines, Inc. One City Centre 000 X. 0xx 1000 Xxxxx Xxxxxx Xx. XxxxxHouston, Xxxxxxxx 00000 Texas 77002 Attention: Senior Vice President & General Counsel Treasurer Telecopier No.: (000) 000-00000000 10
(b) the Collateral Agent Policy Provider shall be sufficient for every purpose hereunder if in writing (including telecopied communications) and made, given, furnished or filed sent by personal delivery or mailed delivery, by telecopier, by registered or certified mail or by nationally recognized overnight courier, postage or courier charges, as the case may be, prepaid, to or with the Collateral Agent Policy Provider at: First Security Bank, National Association 00 Xxxxx Financial Guaranty Insurance Company 100 Xxxx Xxxxxx Xxxx Xxxx Xxx Xxxx, XX Xxx Xxxx 00000 Attention: SF Surveillance Telecopier No.: (000) 000-0000
(c) the Mortgagee shall be sufficient for every purpose hereunder if in writing and sent by personal delivery, by telecopier, by registered or certified mail or by nationally recognized overnight courier, postage or courier charges, as the case may be, prepaid to the Mortgagee at: Wilmington Trust Company Rxxxxx Square North 1000 Xxxxx Xxxxxx Xxxxxx Xxxxxxxxxx, Xxxxxxxx 00000 Attention: Corporate Trust Services Administration Telecopier No.: (000) 000-0000 or to any of the above parties at any other address or telecopier number subsequently furnished in writing by it to each of the other parties listed above. An affidavit by any person representing or acting on behalf of the Company or the Collateral Agent as to Any such mailing, having any registry receipt required by this Section attached, delivery shall be conclusive evidence deemed made on the date of receipt by the giving addressee of such demand, notice delivery or communication. Any notice or communication mailed of refusal by such addressee to a Holder shall be mailed to such Holder by first-class mail or by nationally recognized overnight courier, postage or courier charges, as the case may be, prepaid, at such Holder's address as it appears on the Register and shall be sufficiently given to such Holder if so mailed within the time prescribed. Failure to mail a notice or send a communication to a Holder or any defect in it shall not affect its sufficiency with respect to other Holders. Notices to the Collateral Agent or to the Company are deemed given only when received. Where this Pledge Agreement 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 the Holders shall be filed with the Collateral Agent, but such filing shall not be a condition precedent to the validity of any action taken in reliance upon such waiveraccept delivery.
Appears in 1 contract
Samples: Collateral Maintenance Agreement (Continental Airlines Inc /De/)
Notices; Waiver. (a) Any request, demand, authorization, --------------- direction, notice, consent, waiver or act of Holders or other document documents or instruments provided or permitted by this Pledge Agreement to be made upon, given or furnished to, or filed with
(a) the Company shall be sufficient for every purpose hereunder if given in writing (including telecopied communications) to and mademailed, givenreturn receipt requested, furnished or filed hand delivered, sent by personal overnight courier service guaranteeing next day delivery or mailed by first-class mail facsimile or by nationally recognized overnight couriertelecopy in legible form, postage or courier charges, as the case may be, prepaid, if to the Company at: Trans World AirlinesTrustee, Inc. One City Centre 000 X. 0xx addressed to its Corporate Trust Office, 0000 Xxxxx Xxxxxx Xx. XxxxxXxxxxx, Xxxxxxxx 00000 Attention: Senior Vice President & General Counsel Telecopier No.: (000) 000Xxxxxxxxxx, XX 00000-0000
(b) the Collateral Agent shall be sufficient for every purpose hereunder if in writing (including telecopied communications) and made, given, furnished or filed by personal delivery or mailed by registered or certified mail or by nationally recognized overnight courier, postage or courier charges, as the case may be, prepaid, to or with the Collateral Agent at: First Security Bank, National Association 00 Xxxxx Xxxx Xxxxxx Xxxx Xxxx Xxxx, XX 00000 Attention: Corporate Trust Services Telecopier No.: (Administration, c/o Xxxxxx Xxxxxx; or if to the Trust Depositor, addressed to Contingent Settlements I, LLC, c/o Washington Square Financial, LLC, 000 Xxxx xx Xxxxxxxx Xxxxxxxxx, Xxxxx 000) 000-0000 , Xxxx Xxxxx, XX 00000, or to any of the above parties at any other address or telecopier number subsequently furnished in writing by it to each of the other parties listed above. An affidavit by any person representing or acting on behalf of the Company or the Collateral Agent as to such mailing, having any registry receipt required by this Section attached, shall be conclusive evidence of the giving of such demand, notice or communication. Any notice or communication mailed if to a Holder shall be mailed to such Holder given by first-class mail or by nationally recognized overnight couriermail, postage or courier charges, as the case may be, prepaid, at the address of such Holder's address Holder as it appears on shown in the Register and Register.
(b) Delivery of any request, demand, authorization, direction, notice, consent, waiver or act of Holders or other documents or instruments made as provided above will be deemed effective (except that notice to the Trustee shall be sufficiently given to such Holder if so mailed within the time prescribed. Failure to mail a notice or send a communication to a Holder or any defect in it shall not affect its sufficiency with respect to other Holders. Notices to the Collateral Agent or to the Company are deemed given only when upon actual receipt by a Responsible Officer of the Trustee): (i) if in writing and delivered in Person or by overnight courier service, on the date it is delivered; (ii) if sent by facsimile transmission, on the date that transmission is received by the recipient in legible form (it being agreed that the burden of proving receipt will be on the sender and will not be met by a transmission report generated by the sender’s facsimile machine); and (iii) if sent by mail, on the date that mail is delivered or its delivery is attempted; in each case, unless the date of that delivery (or attempted delivery) or that receipt, as applicable, is not a Business Day or that communication is delivered (or attempted) or received. , as applicable, after the close of business on a Business Day, in which case that communication shall be deemed given and effective on the first following day that is a Business Day.
(c) Where this Pledge Agreement provides for notice in any manner, such notice may be waived in writing by the 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 Holders shall be filed with the Collateral Agent, 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 to Holders when such notice is required to be given pursuant to any provision of this Agreement, then any manner of giving such notice as shall be satisfactory to the Trustee shall be deemed to be a sufficient giving of such notice.
Appears in 1 contract
Notices; Waiver. Any request, demand, authorization, --------------- direction, notice, consent, waiver or other document provided or permitted by this Pledge Agreement to be made upon, given or furnished to, or filed with
(a) the Company shall be sufficient for every purpose hereunder if in writing (including telecopied communications) and made, given, furnished or filed sent by personal delivery delivery, by telecopier, by registered or mailed by first-class certified mail or by nationally recognized overnight courier, postage or courier charges, as the case may be, prepaid, to the Company at: Trans World Continental Airlines, Inc. One City Centre 000 X. 0xx 0000 Xxxxx Xxxxxx Xx. XxxxxHouston, Xxxxxxxx 00000 Texas 77002 Attention: Senior Vice President & General Counsel Treasurer Telecopier No.: (000) 000-0000
(b) the Collateral Agent Policy Provider shall be sufficient for every purpose hereunder if in writing (including telecopied communications) and made, given, furnished or filed sent by personal delivery or mailed delivery, by telecopier, by registered or certified mail or by nationally recognized overnight courier, postage or courier charges, as the case may be, prepaid, to the Policy Provider at: MBIA Insurance Corporation 000 Xxxx Xxxxxx Xxxxxx, Xxx Xxxx 00000 Attention: Insured Portfolio Management, Structured Finance Telecopier No.: (000) 000-0000
(c) the Trustee or with the Collateral Security Agent shall be sufficient for every purpose hereunder if in writing and sent by personal delivery, by telecopier, by registered or certified mail or by nationally recognized overnight courier, postage or courier charges, as the case may be, prepaid to the Trustee or the Security Agent at: First Security BankWilmington Trust Company Xxxxxx Square North 0000 Xxxxx Xxxxxx Xxxxxx Xxxxxxxxxx, National Association 00 Xxxxx Xxxx Xxxxxx Xxxx Xxxx Xxxx, XX Xxxxxxxx 00000 Attention: Corporate Trust Services Administration Telecopier No.: (000) 000-0000 or to any of the above parties at any other address or telecopier number subsequently furnished in writing by it to each of the other parties listed above. An affidavit by any person representing or acting on behalf of the Company or the Collateral Agent as to Any such mailing, having any registry receipt required by this Section attached, delivery shall be conclusive evidence deemed made on the date of receipt by the giving addressee of such demand, notice delivery or communication. Any notice or communication mailed of refusal by such addressee to a Holder shall be mailed to such Holder by first-class mail or by nationally recognized overnight courier, postage or courier charges, as the case may be, prepaid, at such Holder's address as it appears on the Register and shall be sufficiently given to such Holder if so mailed within the time prescribed. Failure to mail a notice or send a communication to a Holder or any defect in it shall not affect its sufficiency with respect to other Holders. Notices to the Collateral Agent or to the Company are deemed given only when received. Where this Pledge Agreement 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 the Holders shall be filed with the Collateral Agent, but such filing shall not be a condition precedent to the validity of any action taken in reliance upon such waiveraccept delivery.
Appears in 1 contract
Samples: Collateral Maintenance Agreement (Continental Airlines Inc /De/)
Notices; Waiver. Any request, demand, authorization, --------------- direction, notice, consent, waiver or other document provided or permitted by this Pledge Agreement to be made upon, given or furnished to, or filed with:
(a) the Company shall be sufficient for every purpose hereunder if in writing (including telecopied communications) and made, given, furnished or filed sent by personal delivery delivery, by telecopier, by registered or mailed by first-class certified mail or by nationally recognized overnight courier, postage or courier charges, as the case may be, prepaid, to the Company at: Trans World AirlinesJetBlue Airways Corporation 118-29 Queens Boulevard Forest Hills, Inc. One City Centre 000 X. 0xx Xxxxxx New York 11375 Xxxxxxxxx: Xxxxxxxx Xxxxxxxxxx Xx. Xxxxx, Xxxxxxxx 00000 Attention: Senior Vice President & General Counsel Telecopier No.: (000) 000008-0000709-3639
(b) the Collateral Agent a Policy Provider shall be sufficient for every purpose xxxxx xxxxxse hereunder if in writing (including telecopied communications) and made, given, furnished or filed sent by personal delivery or mailed delivery, by telecopier, by registered or certified mail or by nationally recognized overnight courier, postage or courier charges, as the case may be, prepaid, to or with such Policy Provider as specified for notices to it under its applicable Policy Provider Agreement.
(c) the Collateral Agent at: First Security Bank, National Association 00 Xxxxx Xxxx Xxxxxx Xxxx Xxxx Xxxx, XX 00000 Attention: Corporate Trust Services Telecopier No.: (000) 000-0000 or to any of the above parties at any other address or telecopier number subsequently furnished Mortgagee shall be sufficient for every purpose hereunder if in writing and sent by it to each of the other parties listed above. An affidavit personal delivery, by any person representing telecopier, by registered or acting on behalf of the Company or the Collateral Agent as to such mailing, having any registry receipt required by this Section attached, shall be conclusive evidence of the giving of such demand, notice or communication. Any notice or communication mailed to a Holder shall be mailed to such Holder by first-class certified mail or by nationally recognized overnight courier, postage or courier charges, as the case may be, prepaid, at such Holder's address as it appears on the Register and shall be sufficiently given to such Holder if so mailed within the time prescribed. Failure to mail a notice or send a communication to a Holder or any defect in it shall not affect its sufficiency with respect to other Holders. Notices prepaid to the Collateral Agent Mortgagee at: Wilmington Trust Company Rodney Square North 1100 North Market Street Wilmington, Delaware 19890-0000 Xxxxxxxxx: Xxxxxxxxx Xxxxx Xxxxxxxxxxxxxx Telephone No.: (302) 636-6000 Telecopier No.: (302) 651-8882 or to the Company are deemed given only when received. Where this Pledge Agreement provides for notice in axx xx xxx xxxxe parties at any manner, such notice may be waived other address ox xxxxxxxxxx xumber subsequently furnished in writing by it to each of the Person entitled to receive other parties listed above. Any such notice, either before or after the event, and such waiver delivery shall be deemed made on the equivalent date of receipt by the addressee of such notice. Waivers delivery or of notice refusal by the Holders shall be filed with the Collateral Agent, but such filing shall not be a condition precedent addressee to the validity of any action taken in reliance upon such waiveraccept delivery.
Appears in 1 contract
Samples: Collateral Maintenance Agreement (Jetblue Airways Corp)