Common use of Required Notices or Demands Clause in Contracts

Required Notices or Demands. Any notice or communication by the Company, the Subsidiary Guarantors or the Trustee to the others is duly given if in writing and delivered in Person or mailed by registered or certified mail (return receipt requested), telecopier or overnight air courier guaranteeing next day delivery, to the other’s address: If to the Company or any Subsidiary Guarantor: Xxxx Centre 0000 Xxxx Xxxxxx, 00xx Xxxxx Xxxxxxxxxxxx, XX 00000 Attention: Chief Financial Officer If to the Trustee: [ ] The Company, any Subsidiary Guarantor or the Trustee by notice to the others may designate additional or different addresses for subsequent notices or communications. All notices and communications shall be deemed to have been duly given: at the time delivered by hand, if personally delivered; five Business Days after being deposited in the mail, postage prepaid, if mailed; on the first Business Day on or after being sent, if telecopied and the sender receives confirmation of successful transmission; and the next Business Day after timely delivery to the courier, if sent by overnight air courier guaranteeing next day delivery. Any notice required or permitted to a Holder by the Company, any Subsidiary Guarantor or the Trustee pursuant to the provisions of this Indenture shall be deemed to be properly mailed by being deposited postage prepaid in a post office letter box in the United States addressed to such Holder at the address of such Holder as shown on the Debt Security Register. Any report pursuant to Section 313 of the TIA shall be transmitted in compliance with subsection (c) therein. Notwithstanding the foregoing, any notice to Holders of Floating Rate Securities regarding the determination of a periodic rate of interest, if such notice is required pursuant to Section 2.03, shall be sufficiently given if given in the manner specified pursuant to Section 2.03. In the event of suspension of regular mail service or by reason of any other cause it shall be impracticable to give notice by mail, then such notification as shall be given with the approval of the Trustee shall constitute sufficient notice for every purpose hereunder. In the event it shall be impracticable to give notice by publication, then such notification as shall be given with the approval of the Trustee shall constitute sufficient notice for every purpose hereunder. Failure to mail a notice or communication to a Holder or any defect in it or any defect in any notice by publication as to a Holder shall not affect the sufficiency of such notice with respect to other Holders. If a notice or communication is mailed or published in the manner provided above, it is conclusively presumed duly given.

Appears in 5 contracts

Samples: Indenture (RAIT Financial Trust), Indenture (RAIT Financial Trust), Indenture (RAIT Financial Trust)

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Required Notices or Demands. Any notice or communication by the CompanyIssuers, the Subsidiary Guarantors or the Trustee to the others is duly given if in writing in the English language and delivered in Person or mailed by registered or certified mail (return receipt requested), telecopier or overnight air courier guaranteeing next day delivery, to the other’s address: If to the Company Issuers or any Subsidiary Guarantor: Xxxx Centre 0000 Xxxx XxxxxxGlobal Partners LP P.O. Box 9161 000 Xxxxx Xxxxxx Waltham, 00xx Xxxxx Xxxxxxxxxxxx, XX 00000 Massachusetts 02454-9161 Attention: Chief Financial Officer Xxxxxx X. Xxxxxxx Telecopy No. (000) 000-0000 If to the Trustee: [ ] The CompanyIssuers, any Subsidiary Guarantor or the Trustee by notice to the others may designate additional or different addresses for subsequent notices or communications. All notices and communications shall be deemed to have been duly given: at the time delivered by hand, if personally delivered; five Business Days after being deposited in the mail, postage prepaid, if mailed; on the first Business Day on or after being sent, if telecopied and the sender receives confirmation of successful transmission; and the next Business Day after timely delivery to the courier, if sent by overnight air courier guaranteeing next day delivery. Any notice required or permitted to a Holder by the CompanyIssuers, any Subsidiary Guarantor or the Trustee pursuant to the provisions of this Indenture shall be deemed to be properly mailed by being deposited postage prepaid in a post office letter box in the United States addressed to such Holder at the address of such Holder as shown on the Debt Security Register. Any report pursuant to Section 313 of the TIA shall be transmitted in compliance with subsection (c) therein. Notwithstanding the foregoing, any notice to Holders of Floating Rate Securities regarding the determination of a periodic rate of interest, if such notice is required pursuant to Section 2.03, shall be sufficiently given if given in the manner specified pursuant to Section 2.03. In the event of suspension of regular mail service or by reason of any other cause it shall be impracticable to give notice by mail, then such notification as shall be given with the approval of the Trustee shall constitute sufficient notice for every purpose hereunder. In the event it shall be impracticable to give notice by publication, then such notification as shall be given with the approval of the Trustee shall constitute sufficient notice for every purpose hereunder. Failure to mail a notice or communication to a Holder or any defect in it or any defect in any notice by publication as to a Holder shall not affect the sufficiency of such notice with respect to other Holders. If a notice or communication is mailed or published in the manner provided above, it is conclusively presumed duly given.

Appears in 4 contracts

Samples: Indenture (Global Operating LLC), Indenture (Global Operating LLC), Indenture (Puritan Oil Company, Inc.)

Required Notices or Demands. Any notice or communication by the CompanyIssuers, the Subsidiary Guarantors or the Trustee to the others is duly given if in writing (in the English language) and delivered in Person or mailed by registered or certified mail (return receipt requested), telecopier or overnight air courier guaranteeing next day delivery, to the other’s address: If to the Company Issuers or any the Subsidiary GuarantorGuarantors: Xxxx Centre Xxxxx Energy Partners, L.P. Holly Energy Finance Corp. 000 Xxxxxxxx Xxxxx, Xxxxx 0000 Xxxx Xxxxxx, 00xx Xxxxx Xxxxxxxxxxxx, XX 00000 Attention: Chief Financial Officer Telecopy No.: (000) 000-0000 If to the Trustee: [ ] The CompanyIssuers, any the Subsidiary Guarantor Guarantors or the Trustee by notice to the others may designate additional or different addresses for subsequent notices or communications. All notices and communications shall be deemed to have been duly given: at the time delivered by hand, if personally delivered; five Business Days after being deposited in the mail, postage prepaid, if mailed; on the first Business Day on or after being sent, if telecopied and the sender receives confirmation of successful transmission; and the next Business Day after timely delivery to the courier, if sent by overnight air courier guaranteeing next day delivery. Any notice required or permitted to a Holder by the CompanyIssuers, any the Subsidiary Guarantor Guarantors or the Trustee pursuant to the provisions of this Indenture shall be deemed to be properly mailed by being deposited postage prepaid in a post office letter box in the United States addressed to such Holder at the address of such Holder as shown on the Debt Security Register. Any report pursuant to Section 313 of the TIA shall be transmitted in compliance with subsection (c) therein. Notwithstanding the foregoing, any notice to Holders of Floating Rate Securities regarding the determination of a periodic rate of interest, if such notice is required pursuant to Section 2.03, shall be sufficiently given if given in the manner specified pursuant to Section 2.03. In the event of suspension of regular mail service or by reason of any other cause it shall be impracticable to give notice by mail, then such notification as shall be given with the approval of the Trustee shall constitute sufficient notice for every purpose hereunder. In the event it shall be impracticable to give notice by publication, then such notification as shall be given with the approval of the Trustee shall constitute sufficient notice for every purpose hereunder. Failure to mail a notice or communication to a Holder or any defect in it or any defect in any notice by publication as to a Holder shall not affect the sufficiency of such notice with respect to other Holders. If a notice or communication is mailed or published in the manner provided above, it is conclusively presumed duly given.

Appears in 3 contracts

Samples: SLC Pipeline LLC, HEP Navajo Southern, L.P., HEP Navajo Southern, L.P.

Required Notices or Demands. Any notice or communication by the CompanyPartnership, the Subsidiary Guarantors or the Trustee to the others is duly given if in writing (in the English language) and delivered in Person or mailed by registered or certified mail (return receipt requested), telecopier or overnight air courier guaranteeing next day delivery, to the other’s address: If to the Company Partnership or any of the Subsidiary GuarantorGuarantors: Xxxx Centre EnLink Midstream Partners, LP 0000 Xxxx Xxxxx Xxxxxxx Xxxxxx, 00xx Xxxxx Xxxxxxxxxxxx, XX 00000 Attention: Chief Financial Officer Telecopy No.: (000) 000-0000 If to the Trustee: [ ] Xxxxx Fargo Bank, National Association 000 X. Xx. Xxxx Xxxxx, Suite 1750 MAC T9263-170 Xxxxxx, Xxxxx 00000 Attention: Corporate Trust, Municipal and Escrow Services Telecopy No.: (000) 000-0000 The CompanyPartnership, any the Subsidiary Guarantor Guarantors or the Trustee by notice to the others may designate additional or different addresses for subsequent notices or communications. All notices and communications shall be deemed to have been duly given: at the time delivered by hand, if personally delivered; five Business Days after being deposited in the mail, postage prepaid, if mailed; on the first Business Day on or after being sent, if telecopied and the sender receives confirmation of successful transmission; and the next Business Day after timely delivery to the courier, if sent by overnight air courier guaranteeing next day delivery. Any notice required or permitted to a Holder by the CompanyPartnership, any the Subsidiary Guarantor Guarantors or the Trustee pursuant to the provisions of this Indenture shall be deemed to be properly mailed by being deposited postage prepaid in a post office letter box in the United States addressed to such Holder at the address of such Holder as shown on the Debt Security Register. Any report pursuant to Section 313 of the TIA shall be transmitted in compliance with subsection (c) therein. Notwithstanding the foregoing, any notice to Holders of Floating Rate Debt Securities regarding the determination of a periodic rate of interest, if such notice is required pursuant to Section 2.03, shall be sufficiently given if given in the manner specified pursuant to Section 2.03. In the event of suspension of regular mail service or by reason of any other cause it shall be impracticable to give notice by mail, then such notification as shall be given with the approval of the Trustee shall constitute sufficient notice for every purpose hereunder. In the event it shall be impracticable to give notice by publication, then such notification as shall be given with the approval of the Trustee shall constitute sufficient notice for every purpose hereunder. Failure to mail a notice or communication to a Holder or any defect in it or any defect in any notice by publication as to a Holder shall not affect the sufficiency of such notice with respect to other Holders. If a notice or communication is mailed or published in the manner provided above, it is conclusively presumed duly given.

Appears in 3 contracts

Samples: Indenture (EnLink Midstream Partners, LP), EnLink Midstream Partners, LP, EnLink Midstream Partners, LP

Required Notices or Demands. Any notice or communication demand which by any provision of this Indenture is required or permitted to be given or served by the Trustee or by the Holders to or on the Company may, except as otherwise provided in Section 5.01(4), be given or served by being deposited postage prepaid in a post office letter box in the United States addressed (until another address is filed by the Company with the Trustee), as follows: to the Company, the Subsidiary Guarantors Ford Motor Company, Xxx Xxxxxxxx Xxxx, Xxxxxxxx, Xxxxxxxx 00000, Attention: Treasurer. Any notice, direction, request or the Trustee to the others is duly given if in writing and delivered in Person or mailed demand by registered or certified mail (return receipt requested), telecopier or overnight air courier guaranteeing next day delivery, to the other’s address: If to the Company or by any Subsidiary Guarantor: Xxxx Centre 0000 Xxxx XxxxxxHolder to or upon the Trustee may be given or made, 00xx Xxxxx Xxxxxxxxxxxxfor all purposes, XX 00000 Attention: Chief Financial Officer If by being deposited postage prepaid in a post office letter box in the United States addressed to the Corporate Trust Office of the Trustee: [ ] The Company, any Subsidiary Guarantor or the Trustee by notice to the others may designate additional or different addresses for subsequent notices or communications. All notices and communications shall be deemed to have been duly given: at the time delivered by hand, if personally delivered; five Business Days after being deposited in the mail, postage prepaid, if mailed; on the first Business Day on or after being sent, if telecopied and the sender receives confirmation of successful transmission; and the next Business Day after timely delivery to the courier, if sent by overnight air courier guaranteeing next day delivery. Any notice required or permitted to be mailed to a Holder by the Company, any Subsidiary Guarantor Company or the Trustee pursuant to the provisions of this Indenture shall be deemed to be properly mailed by being deposited postage prepaid in a post office letter box in the United States addressed to such Holder at the address of such Holder as shown on the Debt Security Register. Any report pursuant to Section 313 of the TIA shall be transmitted in compliance with subsection (c) therein. Notwithstanding the foregoingIn any case, any where notice to Holders of Floating Rate Securities regarding the determination of a periodic rate of interest, if such notice is required pursuant to Section 2.03, shall be sufficiently given if given in the manner specified pursuant to Section 2.03. In the event of suspension of regular mail service or by reason of any other cause it shall be impracticable to give notice by mail, then such notification as shall be given with neither the approval of the Trustee shall constitute sufficient notice for every purpose hereunder. In the event it shall be impracticable to give notice by publication, then such notification as shall be given with the approval of the Trustee shall constitute sufficient notice for every purpose hereunder. Failure failure to mail a notice or communication to a Holder or any defect in it or such notice, nor any defect in any notice by publication as so mailed, to a any particular Holder shall not affect the sufficiency of such notice with respect to other Holders. If 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 Holders shall be filed with the Trustee, but such filing shall not be a notice condition precedent to the validity of any action taken in reliance upon such waiver. In case, by reason of the suspension of or communication is mailed or published irregularities in the manner provided aboveregular mail service, it shall be impractical to mail notice of any event to Holders when such notice is conclusively presumed duly givenrequired to be given pursuant to any provision of this Indenture, 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 3 contracts

Samples: Indenture (Ford Motor Co), Ford Motor Co, Ford Motor Co

Required Notices or Demands. Any Except as set forth below, any notice or communication by the Company, the Subsidiary Guarantors Partnership or the Trustee to the others is duly given if in writing (in the English language) and delivered in Person or mailed by registered or certified mail (return receipt requested), telecopier ) or overnight air courier guaranteeing next day delivery, to the other’s address: If to the Company or any Subsidiary GuarantorPartnership: Xxxx Centre 0000 Xxxx XxxxxxMPLX LP c/o MPLX GP LLC 000 X. Xxxxxx Street Findlay, 00xx Xxxxx Xxxxxxxxxxxx, XX 00000 OH 45840 Attention: Chief Financial Officer Vice President, General Counsel and Secretary If to the Trustee: [ ] The CompanyBank of New York Mellon, any Subsidiary Guarantor N.A. 000 Xxxxxx Xxxxxx The Chase Center Houston, TX 77002 Attn: Corporate Trust Department – Corporate Finance Unit The Partnership or the Trustee by notice to the others may designate additional or different addresses for subsequent notices or communications. All notices and communications shall be deemed to have been duly given: at the time delivered by hand, if personally delivered; five Business Days after being deposited in the mail, postage prepaid, if mailed; on the first Business Day on or after being sent, if telecopied and the sender receives confirmation of successful transmission; and the next Business Day after timely delivery to the courier, if sent by overnight air courier guaranteeing next day delivery, except in the case of notices or communications given to the Trustee, which shall be effective only upon actual receipt by the Trustee at its Corporate Trust Office. Any notice required or permitted to a Holder by the Company, any Subsidiary Guarantor Partnership or the Trustee pursuant to the provisions of this Indenture shall be deemed to be properly mailed by being deposited postage prepaid in a post office letter box in the United States addressed to such Holder at the address of such Holder as shown on the Debt Security Register. Any report pursuant to Section 313 of the TIA shall be transmitted in compliance with subsection (c) therein. Notwithstanding the foregoing, any notice to Holders of Floating Rate Securities regarding the determination of a periodic rate of interest, if such notice is required pursuant to Section 2.03, shall be sufficiently given if given in the manner specified pursuant to Section 2.03. In the event of suspension of regular mail service or by reason of any other cause it shall be impracticable to give notice by mail, then such notification as shall be given with the approval of the Trustee shall constitute sufficient notice for every purpose hereunder. In the event it shall be impracticable to give notice by publication, then such notification as shall be given with the approval of the Trustee shall constitute sufficient notice for every purpose hereunder. Failure to mail a notice or communication to a Holder or any defect in it or any defect in any notice by publication as to a Holder shall not affect the sufficiency of such notice with respect to other Holders. If a notice or communication is mailed or published in the manner provided above, it is conclusively presumed duly given. The Trustee agrees to accept and act upon notices, instructions, directions or other communications sent by e-mail, facsimile and other similar unsecured electronic methods by persons believed by the Trustee to be authorized to give instructions and directions on behalf of the Partnership. The Trustee shall have no duty or obligation to verify or confirm that the person who sent such instructions or directions is, in fact, a person authorized to give instructions or directions on behalf of the Partnership; and the Trustee shall have no liability for any losses, liabilities, costs or expenses incurred or sustained by the Partnership as a result of such reliance upon or compliance with such notices, instructions, directions or other communications. The Partnership agrees to assume all risks arising out of the use of such electronic methods to submit notices, instructions, directions or other communications to the Trustee, including without limitation the risk of the Trustee acting on unauthorized instructions, and the risk of interception and misuse by third parties. The Partnership shall use all reasonable endeavors to ensure that any such notices, instructions, directions or other communications transmitted to the Trustee pursuant to this Indenture are complete and correct. Any such notices, instructions, directions or other communications shall be conclusively deemed to be valid instructions from the Partnership to the Trustee for the purposes of this Indenture.

Appears in 3 contracts

Samples: Indenture (MPLX Lp), Indenture (MPLX Lp), Indenture (MPLX Lp)

Required Notices or Demands. Any Except as otherwise expressly provided in this Indenture, any notice or communication demand which by any provision of this Indenture is required or permitted to be given or served by the Company, Trustee or by the Subsidiary Guarantors Holders to or the Trustee to the others is duly given if in writing and delivered in Person or mailed by registered or certified mail (return receipt requested), telecopier or overnight air courier guaranteeing next day delivery, to the other’s address: If to on the Company may be given or any Subsidiary Guarantorserved by being deposited postage prepaid in a post office letter box in the United States addressed (until another address is filed by the Company with the Trustee) as follows: Xxxx Centre 0000 Xxxx Range Resources Corporation, 500 Xxxxxxxxxxxx Xxxxxx, 00xx Xxxxx XxxxxxxxxxxxFort Worth, XX 00000 Texas 76102, Attention: Chief Financial Officer If Officer. Except as otherwise expressly provided in this Indenture, any notice, direction, request or demand by the Company or by any Holder to or upon the Trustee may be given or made, for all purposes, by being deposited postage prepaid in a post office letter box in the United States addressed to the Trusteecorporate trust office of the Trustee initially at ________________________; Attention: [ ] Corporate Trust Trustee Administration. The Company, any Subsidiary Guarantor Company or the Trustee by notice to the others other may designate additional or different addresses for subsequent notices or communications. All notices and communications shall be deemed to have been duly given: at the time delivered by hand, if personally delivered; five Business Days after being deposited in the mail, postage prepaid, if mailed; on the first Business Day on or after being sent, if telecopied and the sender receives confirmation of successful transmission; and the next Business Day after timely delivery to the courier, if sent by overnight air courier guaranteeing next day delivery. Any notice required or permitted to a Registered Holder by the Company, any Subsidiary Guarantor Company or the Trustee pursuant to the provisions of this Indenture shall be deemed to be properly mailed by being deposited postage prepaid in a post office letter box in the United States addressed to such Holder at the address of such Holder as shown on the Debt Security Register. Any report pursuant to Section 313 of the TIA Trust Indenture Act shall be transmitted in compliance with subsection (c) therein. Any notice required or permitted to a Bearer Holder by the Company or the Trustee pursuant to this Indenture shall be deemed to be properly given if published on two separate business days in 75 84 an Authorized Newspaper or Newspapers in such Place or Places of Payment specified pursuant to Section 2.03, the first such publication to be not earlier than the earliest date and not later than two business days prior to the latest date prescribed for the giving of such notice. Notwithstanding the foregoing, any notice to Holders of Floating Rate Debt Securities regarding the determination of a periodic rate of interest, if such notice is required pursuant to Section 2.03, shall be sufficiently given if given in the manner specified pursuant to Section 2.03. In the event of suspension of regular mail service or by reason of any other cause it shall be impracticable to give notice by mail, then such notification as shall be given with the approval of the Trustee shall constitute sufficient notice for every purpose hereunder. In the event of suspension of publication of any Authorized Newspaper or by reason of any other cause it shall be impracticable to give notice by publication, then such notification as shall be given with the approval of the Trustee shall constitute sufficient notice for every purpose hereunder. Failure to mail a notice or communication to a Holder or any defect in it or any defect in any notice by publication as to a Holder shall not affect the sufficiency of such notice with respect to other Holders. If a notice or communication is mailed or published in the manner provided above, it is conclusively presumed duly given.

Appears in 3 contracts

Samples: Indenture Tia (Range Resources Corp), Indenture Tia (Range Resources Corp), Indenture Tia (Range Resources Corp)

Required Notices or Demands. Any notice or communication demand which by any provision of this Indenture is required or permitted to be given or served by the CompanyTrustee or by the Holders to or on the Company may, except as otherwise provided in Section 5.1(d), be given or served by being deposited postage prepaid in a post office letter box in the Subsidiary Guarantors United States addressed (until another address is filed by the Company with the Trustee), as follows: Carnival Corporation, 3655 N.W. 00xx Xxxxxx, Xxxxx, Xxxxxxx 00000-0000, Attention: Treasurer. Any notice or demand which by any provision of this Indenture is required or permitted to be given or served by the Trustee or by the Holders to or on the others Guarantor may be given or served by being deposited postage prepaid in a post office letter box in the United States addressed (until another address is duly given if in writing and delivered in Person or mailed filed by registered or certified mail (return receipt requestedthe Guarantor with the Trustee), telecopier as follows: Carnival plc, Carnival House, 000 Xxxxxxx Xxxxxx, Xxxxxxxxxxx X000 0XX, Xxxxxx Xxxxxxx, Attention: Treasurer. Any notice, direction, request or overnight air courier guaranteeing next day delivery, to the other’s address: If to demand by the Company or by any Subsidiary Guarantor: Xxxx Centre 0000 Xxxx XxxxxxHolder to or upon the Trustee may be given or made, 00xx Xxxxx Xxxxxxxxxxxxfor all purposes, XX 00000 Attention: Chief Financial Officer If by being deposited postage prepaid in a post office letter box in the United States addressed to the Corporate Trust Office of the Trustee: [ ] The Company, any Subsidiary Guarantor or the Trustee by notice to the others may designate additional or different addresses for subsequent notices or communications. All notices and communications shall be deemed to have been duly given: at the time delivered by hand, if personally delivered; five Business Days after being deposited in the mail, postage prepaid, if mailed; on the first Business Day on or after being sent, if telecopied and the sender receives confirmation of successful transmission; and the next Business Day after timely delivery to the courier, if sent by overnight air courier guaranteeing next day delivery. Any notice required or permitted to be mailed to a Holder by the Company, any Subsidiary Guarantor Company or the Trustee pursuant to the provisions of this Indenture shall be deemed to be properly mailed by being deposited postage prepaid in a post office letter box in the United States addressed to such Holder at the address of such Holder as shown on the Debt Security Register. Any report pursuant to Section 313 of the TIA shall be transmitted in compliance with subsection (c) therein. Notwithstanding the foregoingIn any case, any where notice to Holders of Floating Rate Securities regarding the determination of a periodic rate of interest, if such notice is required pursuant to Section 2.03, shall be sufficiently given if given in the manner specified pursuant to Section 2.03. In the event of suspension of regular mail service or by reason of any other cause it shall be impracticable to give notice by mail, then such notification as shall be given with neither the approval of the Trustee shall constitute sufficient notice for every purpose hereunder. In the event it shall be impracticable to give notice by publication, then such notification as shall be given with the approval of the Trustee shall constitute sufficient notice for every purpose hereunder. Failure failure to mail a notice or communication to a Holder or any defect in it or such notice, nor any defect in any notice by publication as so mailed, to a any particular Holder shall not affect the sufficiency of such notice with respect to other Holders. If 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 Holders shall be filed with the Trustee, but such filing shall not be a notice condition precedent to the validity of any action taken in reliance upon such waiver. In case, by reason of the suspension of or communication is mailed or published irregularities in the manner provided aboveregular mail service, it shall be impractical to mail notice of any event to Holders when such notice is conclusively presumed duly givenrequired to be given pursuant to any provision of this Indenture, 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 3 contracts

Samples: Indenture (Carnival PLC), Carnival PLC, Carnival PLC

Required Notices or Demands. Any notice or communication demand which by any provision of this Indenture is required or permitted to be given or served by the CompanyTrustee or by the Holders to or on the Company may, the Subsidiary Guarantors or the Trustee to the others is duly given if except as otherwise provided in writing and delivered in Person or mailed by registered or certified mail (return receipt requestedSection 5.1(d), telecopier be given or overnight air courier guaranteeing next day deliveryserved by being deposited postage prepaid in a post office letter box in the United States addressed (until another address is filed by the Company with the Trustee), to the other’s addressas follows: If to Carnival plc, Carnival House, 000 Xxxxxxx Xxxxxx, Xxxxxxxxxxx X000 0XX, Xxxxxx Xxxxxxx, Attention: Treasurer. Any notice, direction, request or demand by the Company or by any Subsidiary GuarantorHolder to or upon the Trustee may be given or made, for all purposes, by being deposited postage prepaid in a post office letter box in the United States addressed to the Corporate Trust Office of the Trustee, as follows: Xxxx Centre 0000 Xxxx Carnival Corporation, 3655 N.W. 00xx Xxxxxx, 00xx Xxxxx XxxxxxxxxxxxXxxxx, XX 00000 Xxxxxxx 00000-0000, Attention: Chief Financial Officer If Treasurer. Any notice or demand which by any provision of this Indenture is required or permitted to be given or served by the Trustee or by the Holders to or on the Guarantor may be given or served by being deposited postage prepaid in a post office letter box in the United States addressed (until another address is filed by the Guarantor with the Trustee: [ ] The Company, any Subsidiary Guarantor or the Trustee by notice to the others may designate additional or different addresses for subsequent notices or communications. All notices and communications shall be deemed to have been duly given: at the time delivered by hand, if personally delivered; five Business Days after being deposited in the mail, postage prepaid, if mailed; on the first Business Day on or after being sent, if telecopied and the sender receives confirmation of successful transmission; and the next Business Day after timely delivery to the courier, if sent by overnight air courier guaranteeing next day delivery). Any notice required or permitted to be mailed to a Holder by the Company, any Subsidiary Guarantor Company or the Trustee pursuant to the provisions of this Indenture shall be deemed to be properly mailed by being deposited postage prepaid in a post office letter box in the United States addressed to such Holder at the address of such Holder as shown on the Debt Security Register. Any report pursuant to Section 313 of the TIA shall be transmitted in compliance with subsection (c) therein. Notwithstanding the foregoingIn any case, any where notice to Holders of Floating Rate Securities regarding the determination of a periodic rate of interest, if such notice is required pursuant to Section 2.03, shall be sufficiently given if given in the manner specified pursuant to Section 2.03. In the event of suspension of regular mail service or by reason of any other cause it shall be impracticable to give notice by mail, then such notification as shall be given with neither the approval of the Trustee shall constitute sufficient notice for every purpose hereunder. In the event it shall be impracticable to give notice by publication, then such notification as shall be given with the approval of the Trustee shall constitute sufficient notice for every purpose hereunder. Failure failure to mail a notice or communication to a Holder or any defect in it or such notice, nor any defect in any notice by publication as so mailed, to a any particular Holder shall not affect the sufficiency of such notice with respect to other Holders. If 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 Holders shall be filed with the Trustee, but such filing shall not be a notice condition precedent to the validity of any action taken in reliance upon such waiver. In case, by reason of the suspension of or communication is mailed or published irregularities in the manner provided aboveregular mail service, it shall be impractical to mail notice of any event to Holders when such notice is conclusively presumed duly givenrequired to be given pursuant to any provision of this Indenture, 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 3 contracts

Samples: Indenture (Carnival PLC), Indenture (Carnival PLC), Indenture (Carnival PLC)

Required Notices or Demands. Any notice or communication by the CompanyIssuers, the Subsidiary Guarantors or the Trustee to the others is duly given if in writing in the English language and delivered in Person or mailed by registered or certified mail (return receipt requested), telecopier or overnight air courier guaranteeing next day delivery, to the other’s address: If to the Company Issuers or any Subsidiary Guarantor: Xxxx Centre 0000 Xxxx Vanguard Natural Resources, LLC 5000 Xxx Xxxxxx, 00xx Xxxxx Xxxxxxxxxxxx3000 Houston, XX 00000 Texas 77057 Attention: Chief Financial Officer Telecopy No. (000) 000-0000 If to the Trustee: [ [____________________] The CompanyIssuers, any Subsidiary Guarantor or the Trustee by notice to the others may designate additional or different addresses for subsequent notices or communications. All notices and communications shall be deemed to have been duly given: at the time delivered by hand, if personally delivered; five Business Days after being deposited in the mail, postage prepaid, if mailed; on the first Business Day on or after being sent, if telecopied and the sender receives confirmation of successful transmission; and the next Business Day after timely delivery to the courier, if sent by overnight air courier guaranteeing next day delivery. Any notice required or permitted to a Holder by the CompanyIssuers, any Subsidiary Guarantor or the Trustee pursuant to the provisions of this Indenture shall be deemed to be properly mailed by being deposited postage prepaid in a post office letter box in the United States addressed to such Holder at the address of such Holder as shown on the Debt Security Register. Any report pursuant to Section 313 of the TIA shall be transmitted in compliance with subsection (c) therein. Notwithstanding the foregoing, any notice to Holders of Floating Rate Securities regarding the determination of a periodic rate of interest, if such notice is required pursuant to Section 2.03, shall be sufficiently given if given in the manner specified pursuant to Section 2.03. In the event of suspension of regular mail service or by reason of any other cause it shall be impracticable to give notice by mail, then such notification as shall be given with the approval of the Trustee shall constitute sufficient notice for every purpose hereunder. In the event it shall be impracticable to give notice by publication, then such notification as shall be given with the approval of the Trustee shall constitute sufficient notice for every purpose hereunder. Failure to mail a notice or communication to a Holder or any defect in it or any defect in any notice by publication as to a Holder shall not affect the sufficiency of such notice with respect to other Holders. If a notice or communication is mailed or published in the manner provided above, it is conclusively presumed duly given.

Appears in 2 contracts

Samples: Vanguard Natural Resources, LLC, Vanguard Natural Resources, LLC

Required Notices or Demands. Any Except as otherwise expressly provided in this Indenture, any notice or communication demand which by any provision of this Indenture is required or permitted to be given or served by the Company, Trustee or by the Subsidiary Guarantors Holders to or the Trustee to the others is duly given if in writing and delivered in Person or mailed by registered or certified mail (return receipt requested), telecopier or overnight air courier guaranteeing next day delivery, to the other’s address: If to on the Company may be given or any Subsidiary Guarantorserved by being deposited postage prepaid in a post office letter box in the United States addressed (until another address is filed by the Company with the Trustee) as follows: Xxxx Centre 0000 Xxxx XxxxxxWorthington Industries, 00xx Xxxxx XxxxxxxxxxxxInc., XX 00000 000 Xxx Xxxxxx Xxxxxx Road, Columbus, Ohio 43085, Attention: Chief Financial Officer If Officer. Except as otherwise expressly provided in this Indenture, any notice, direction, request or demand by the Company or by any Holder to or upon the Trustee may be given or made, for all purposes, by being deposited postage prepaid in a post office letter box in the United States addressed to the Trustee: [ ] corporate trust office of the Trustee initially at 00 Xxxx Xxxxx Xxxxxx, 00xx Xxxxx, Xxxxxxxx, Xxxx 00000. The Company, any Subsidiary Guarantor Company or the Trustee by notice to the others other may designate additional or different addresses for subsequent notices or communications. All notices and communications shall be deemed to have been duly given: at the time delivered by hand, if personally delivered; five Business Days after being deposited in the mail, postage prepaid, if mailed; on the first Business Day on or after being sent, if telecopied and the sender receives confirmation of successful transmission; and the next Business Day after timely delivery to the courier, if sent by overnight air courier guaranteeing next day delivery. Any notice required or permitted to a Registered Holder by the Company, any Subsidiary Guarantor Company or the Trustee pursuant to the provisions of this Indenture shall be deemed to be properly mailed by being deposited postage prepaid in a post office letter box in the United States addressed to such Holder at the address of such Holder as shown on the Debt Security Register. Any report pursuant to Section 313 of the TIA Trust Indenture Act shall be transmitted in compliance with subsection (c) therein. Notwithstanding the foregoing, any notice to Holders of Floating Rate Securities regarding the determination of a periodic rate of interest, if such notice is required pursuant to Section 2.03, shall be sufficiently given if given in the manner specified pursuant to Section 2.03. In the event of suspension of regular mail service or by reason of any other cause it shall be impracticable to give notice by mail, then such notification as shall be given with the approval of the Trustee shall constitute sufficient notice for every purpose hereunderthereunder. In the event of suspension of publication of any Authorized Newspaper or by reason of any other cause it shall be impracticable to give notice by publication, then such notification as shall be given with the approval of the Trustee shall constitute sufficient notice for every purpose hereunder. Failure to mail a notice or communication to a Holder or any defect in it or any defect in any notice by publication as to a Holder shall not affect the sufficiency of such notice with respect to other Holders. If a notice or communication is mailed or published in the manner provided above, it is conclusively presumed duly given.

Appears in 2 contracts

Samples: Indenture (Worthington Industries Inc), Indenture (Worthington Industries Inc)

Required Notices or Demands. Any notice or communication by the CompanyIssuers, the Subsidiary Guarantors or the Trustee to the others is duly given if in writing in the English language and delivered in Person or mailed by registered or certified mail (return receipt requested), telecopier or overnight air courier guaranteeing next day delivery, to the other’s address: If to the Company Issuers or any Subsidiary Guarantor: Xxxx Centre 0000 Xxxx Vanguard Natural Resources, LLC 7000 Xxx Xxxxxx, 00xx Xxxxx Xxxxxxxxxxxx485 Houston, XX 00000 Texas 77063 Attention: Chief Financial Officer Telecopy No. (000) 000-0000 If to the Trustee: [ [____________________] The CompanyIssuers, any Subsidiary Guarantor or the Trustee by notice to the others may designate additional or different addresses for subsequent notices or communications. All notices and communications shall be deemed to have been duly given: at the time delivered by hand, if personally delivered; five Business Days after being deposited in the mail, postage prepaid, if mailed; on the first Business Day on or after being sent, if telecopied and the sender receives confirmation of successful transmission; and the next Business Day after timely delivery to the courier, if sent by overnight air courier guaranteeing next day delivery. Any notice required or permitted to a Holder by the CompanyIssuers, any Subsidiary Guarantor or the Trustee pursuant to the provisions of this Indenture shall be deemed to be properly mailed by being deposited postage prepaid in a post office letter box in the United States addressed to such Holder at the address of such Holder as shown on the Debt Security Register. Any report pursuant to Section 313 of the TIA shall be transmitted in compliance with subsection (c) therein. Notwithstanding the foregoing, any notice to Holders of Floating Rate Securities regarding the determination of a periodic rate of interest, if such notice is required pursuant to Section 2.03, shall be sufficiently given if given in the manner specified pursuant to Section 2.03. In the event of suspension of regular mail service or by reason of any other cause it shall be impracticable to give notice by mail, then such notification as shall be given with the approval of the Trustee shall constitute sufficient notice for every purpose hereunder. In the event it shall be impracticable to give notice by publication, then such notification as shall be given with the approval of the Trustee shall constitute sufficient notice for every purpose hereunder. Failure to mail a notice or communication to a Holder or any defect in it or any defect in any notice by publication as to a Holder shall not affect the sufficiency of such notice with respect to other Holders. If a notice or communication is mailed or published in the manner provided above, it is conclusively presumed duly given.

Appears in 2 contracts

Samples: Indenture (Trust Energy Company, LLC), Trust Energy Company, LLC

Required Notices or Demands. Any notice or communication by the CompanyIssuers, the Subsidiary Guarantors or the Trustee to the others is duly given if in writing (in the English language) and delivered in Person or mailed by registered or certified mail (return receipt requested), telecopier or overnight air courier guaranteeing next day delivery, to the other’s address: If to the Company Issuers or any the Subsidiary GuarantorGuarantors: Xxxx Centre Xxxxx Energy Partners, L.P. Xxxxx Energy Finance Corp. 000 Xxxxxxxx Xxxxx, Xxxxx 0000 Xxxx Xxxxxx, 00xx Xxxxx Xxxxxxxxxxxx, XX 00000 Attention: Chief Financial Officer Telecopy No.: (000) 000-0000 If to the Trustee: [ ] The CompanyIssuers, any the Subsidiary Guarantor Guarantors or the Trustee by notice to the others may designate additional or different addresses for subsequent notices or communications. All notices and communications shall be deemed to have been duly given: at the time delivered by hand, if personally delivered; five Business Days after being deposited in the mail, postage prepaid, if mailed; on the first Business Day on or after being sent, if telecopied and the sender receives confirmation of successful transmission; and the next Business Day after timely delivery to the courier, if sent by overnight air courier guaranteeing next day delivery. Any notice required or permitted to a Holder by the CompanyIssuers, any the Subsidiary Guarantor Guarantors or the Trustee pursuant to the provisions of this Indenture shall be deemed to be properly mailed by being deposited postage prepaid in a post office letter box in the United States addressed to such Holder at the address of such Holder as shown on the Debt Security Register. Any report pursuant to Section 313 of the TIA shall be transmitted in compliance with subsection (c) therein. Notwithstanding the foregoing, any notice to Holders of Floating Rate Securities regarding the determination of a periodic rate of interest, if such notice is required pursuant to Section 2.03, shall be sufficiently given if given in the manner specified pursuant to Section 2.03. In the event of suspension of regular mail service or by reason of any other cause it shall be impracticable to give notice by mail, then such notification as shall be given with the approval of the Trustee shall constitute sufficient notice for every purpose hereunder. In the event it shall be impracticable to give notice by publication, then such notification as shall be given with the approval of the Trustee shall constitute sufficient notice for every purpose hereunder. Failure to mail a notice or communication to a Holder or any defect in it or any defect in any notice by publication as to a Holder shall not affect the sufficiency of such notice with respect to other Holders. If a notice or communication is mailed or published in the manner provided above, it is conclusively presumed duly given.

Appears in 2 contracts

Samples: SLC Pipeline LLC, Indenture (HEP Refining Assets, L.P.)

Required Notices or Demands. Any notice or communication by the CompanyIssuers, the Subsidiary Guarantors or the Trustee to the others is duly given if in writing (in the English language) and delivered in Person or mailed by registered or certified mail (return receipt requested), telecopier or overnight air courier guaranteeing next day delivery, to the other’s address: If to the Company Issuers or any the Subsidiary GuarantorGuarantors: Xxxx Centre Hxxxx Energy Partners, L.P. Holly Energy Finance Corp. 100 Xxxxxxxx Xxxxx, Xxxxx 0000 Xxxx Xxxxxx, 00xx Xxxxx Xxxxxxxxxxxx, XX 00000 Attention: Chief Financial Officer Telecopy No.: (000) 000-0000 If to the Trustee: [ ] The CompanyIssuers, any the Subsidiary Guarantor Guarantors or the Trustee by notice to the others may designate additional or different addresses for subsequent notices or communications. All notices and communications shall be deemed to have been duly given: at the time delivered by hand, if personally delivered; five Business Days after being deposited in the mail, postage prepaid, if mailed; on the first Business Day on or after being sent, if telecopied and the sender receives confirmation of successful transmission; and the next Business Day after timely delivery to the courier, if sent by overnight air courier guaranteeing next day delivery. Any notice required or permitted to a Holder by the CompanyIssuers, any the Subsidiary Guarantor Guarantors or the Trustee pursuant to the provisions of this Indenture shall be deemed to be properly mailed by being deposited postage prepaid in a post office letter box in the United States addressed to such Holder at the address of such Holder as shown on the Debt Security Register. Any report pursuant to Section 313 of the TIA shall be transmitted in compliance with subsection (c) therein. Notwithstanding the foregoing, any notice to Holders of Floating Rate Securities regarding the determination of a periodic rate of interest, if such notice is required pursuant to Section 2.03, shall be sufficiently given if given in the manner specified pursuant to Section 2.03. In the event of suspension of regular mail service or by reason of any other cause it shall be impracticable to give notice by mail, then such notification as shall be given with the approval of the Trustee shall constitute sufficient notice for every purpose hereunder. In the event it shall be impracticable to give notice by publication, then such notification as shall be given with the approval of the Trustee shall constitute sufficient notice for every purpose hereunder. Failure to mail a notice or communication to a Holder or any defect in it or any defect in any notice by publication as to a Holder shall not affect the sufficiency of such notice with respect to other Holders. If a notice or communication is mailed or published in the manner provided above, it is conclusively presumed duly given.

Appears in 2 contracts

Samples: Indenture (HEP Mountain Home, L.L.C.), Senior Indenture (HEP Mountain Home, L.L.C.)

Required Notices or Demands. Any notice or communication by the CompanyIssuers, the Subsidiary Guarantors or the Trustee to the others is duly given if in writing and delivered in Person or mailed by registered or certified mail (return receipt requested), telecopier or overnight air courier guaranteeing next day delivery, to the other’s address: If to the Company an Issuer or any Subsidiary Guarantor: Xxxx Centre 0000 Xxxx Mxxxxx Midstream Partners, LP 10000 Xxxxx Xxxxx, Xxxxx 000 Xxxxxx, 00xx Xxxxx Xxxxxxxxxxxx, XX 00000 Attention: Chief Financial Officer Exxx X. Xxxxxxxxx If to the Trustee: [ ] The CompanyIssuers, any the Subsidiary Guarantor Guarantors or the Trustee by notice to the others may designate additional or different addresses for subsequent notices or communications. All notices and communications shall be deemed to have been duly given: at the time delivered by hand, if personally delivered; five Business Days after being deposited in the mail, postage prepaid, if mailed; on the first Business Day on or after being sent, if telecopied and the sender receives confirmation of successful transmission; and the next Business Day after timely delivery to the courier, if sent by overnight air courier guaranteeing next day delivery. Any notice required or permitted to a Holder by the CompanyIssuers, any the Subsidiary Guarantor Guarantors or the Trustee pursuant to the provisions of this Indenture shall be deemed to be properly mailed by being deposited postage prepaid in a post office letter box in the United States addressed to such Holder at the address of such Holder as shown on the Debt Security Register. Any report pursuant to Section 313 of the TIA shall be transmitted in compliance with subsection (c) therein. Notwithstanding the foregoing, any notice to Holders of Floating Rate Securities regarding the determination of a periodic rate of interest, if such notice is required pursuant to Section 2.03, shall be sufficiently given if given in the manner specified pursuant to Section 2.03. In the event of suspension of regular mail service or by reason of any other cause it shall be impracticable to give notice by mail, then such notification as shall be given with the approval of the Trustee shall constitute sufficient notice for every purpose hereunder. In the event it shall be impracticable to give notice by publication, then such notification as shall be given with the approval of the Trustee shall constitute sufficient notice for every purpose hereunder. Failure to mail a notice or communication to a Holder or any defect in it or any defect in any notice by publication as to a Holder shall not affect the sufficiency of such notice with respect to other Holders. If a notice or communication is mailed or published in the manner provided above, it is conclusively presumed duly given.

Appears in 2 contracts

Samples: Indenture (Turkey Creek Pipeline, LLC), Indenture (Turkey Creek Pipeline, LLC)

Required Notices or Demands. Any notice or communication by the Company, the Co-Issuer, the Guarantor, the Subsidiary Guarantors or the Trustee to the others is duly given if in writing (in the English language) and delivered in Person person or mailed by registered or certified mail (return receipt requested), telecopier or overnight air courier guaranteeing next day delivery, to the other’s 's address: If to the Company Company, the Co-Issuer, the Guarantor or any the Subsidiary GuarantorGuarantors: Xxxx Centre 0000 Xxxx Xxxxxxc/o Cloud Peak Energy Inc. 000 X. Xxxxxxxx Avenue Gillette, 00xx Xxxxx Xxxxxxxxxxxx, XX 00000 WY 82716 Attention: Chief Financial Officer Telecopy No. (000) 000-0000 If to the Trustee: [ ] Attention: Telecopy No. The Company, any the Co-Issuer, the Guarantor, the Subsidiary Guarantor Guarantors or the Trustee by notice to the others may designate additional or different addresses for subsequent notices or communications. All notices and communications shall be deemed to have been duly given: at the time delivered by hand, if personally delivered; five Business Days after being deposited in the mail, postage prepaid, if mailed; on the first Business Day on or after being sent, if telecopied and the sender receives confirmation of successful transmission; and the next Business Day after timely delivery to the courier, if sent by overnight air courier guaranteeing next day delivery. Any notice required or permitted to a Holder by the Company, any the Co-Issuer, the Guarantor, the Subsidiary Guarantor Guarantors or the Trustee pursuant to the provisions of this Indenture shall be deemed to be properly mailed by being deposited postage prepaid in a post office letter box in the United States addressed to such Holder at the address of such Holder as shown on the Debt Security Register. Any report pursuant to Section 313 of the TIA shall be transmitted in compliance with subsection (c) therein. Notwithstanding the foregoing, any notice to Holders of Floating Rate Debt Securities regarding the determination of a periodic rate of interest, if such notice is required pursuant to Section 2.03, shall be sufficiently given if given in the manner specified pursuant to Section 2.03. In the event of suspension of regular mail service or by reason of any other cause it shall be impracticable to give notice by mail, then such notification as shall be given with the approval of the Trustee shall constitute sufficient notice for every purpose hereunder. In the event it shall be impracticable to give notice by publication, then such notification as shall be given with the approval of the Trustee shall constitute sufficient notice for every purpose hereunder. Failure to mail a notice or communication to a Holder or any defect in it or any defect in any notice by publication as to a Holder shall not affect the sufficiency of such notice with respect to other Holders. If a notice or communication is mailed or published in the manner provided above, it is conclusively presumed duly given.

Appears in 2 contracts

Samples: Indenture (Cloud Peak Energy Finance Corp.), Indenture (Cloud Peak Energy Finance Corp.)

Required Notices or Demands. Any notice or communication by the Company, the Subsidiary Guarantors Company or the Trustee to the others other is duly given if in writing and delivered in Person or mailed by registered or certified mail (return receipt requested), telecopier facsimile or overnight air courier guaranteeing next day delivery, to the other’s address: If to the Company or any Subsidiary Guarantor: Xxxx Centre 0000 Xxxx Company; ConnectOne Bancorp, Inc. 300 Xxxxxx Xxxxxx Xxxxxxxxx Xxxxxx, 00xx Xxxxx Xxxxxxxxxxxx, XX Xxx Xxxxxx 00000 Attention: Chief Financial Officer Facsimile: [●] With a copy (which shall not constitute notice to): Wxxxxxx Mxxx 100 Xxxxxx Xxxxxx Plaza Sixth Floor New Brunswick, New Jersey 08901 Attention: Rxxxxx X. Xxxxxxxx, Esq. Facsimile: (000) 000-0000 If to the Trustee: [ [●], as Trustee [●] [●] Attention: [●] Facsimile: [●] The Company, any Subsidiary Guarantor Company or the Trustee by notice to the others other may designate additional or different addresses for subsequent notices or communications. All notices and communications shall will be deemed to have been duly given: at the time delivered by hand, if personally delivered; five Business Days after being deposited in the mail, postage prepaid, if mailed; on the first Business Day on or after being sent, if telecopied sent by facsimile and the sender receives confirmation of successful transmission; and the next Business Day after timely delivery to the courier, if sent by overnight air courier guaranteeing next day delivery. Any notice required or permitted to be given to a Holder by the Company, any Subsidiary Guarantor or the Trustee pursuant to under the provisions of this Indenture shall will be deemed to be properly mailed by being deposited postage prepaid in a post office letter box in the United States addressed to such Holder at the address of such Holder as shown on the Debt Security Subordinated Note Register. Any report pursuant to in accordance with Section 313 of the TIA shall Trust Indenture Act will be transmitted in compliance with subsection (c) therein. Notwithstanding If the foregoingCompany mails a notice or communication to Holders, the Company will mail a copy to the Trustee at the same time. In any case where notice to Holders of Floating Rate Securities regarding Subordinated Notes is given by mail, neither the determination failure to mail such notice, nor any defect in any notice so mailed, to any particular Holder of a periodic rate Subordinated Note will affect the sufficiency of interest, if such notice with respect to other Holders of Subordinated Notes. Any notice that is required pursuant to Section 2.03, shall be sufficiently given if given mailed in the manner specified pursuant herein provided will be conclusively presumed to Section 2.03have been duly given or provided. In the event case by reason of the suspension of regular mail service or by reason of any other cause it shall will be impracticable to give such notice by mail, then such notification as shall will be given made with the approval of the Trustee shall will constitute a sufficient notice notification for every purpose hereunder. In Where this Indenture provides for notice in any manner, such notice may be waived in writing by the event it shall Person entitled to receive such notice, either before or after the event, and such waiver will be impracticable to give the equivalent of such notice. Waivers of notice by publication, then such notification as shall Holders of Subordinated Notes will be given filed with the approval Trustee, but such filing will not be a condition precedent to the validity of any action taken in reliance upon such waiver. Notwithstanding any other provision herein, where this Indenture provides for notice to any Holder of a Global Subordinated Note, or of an interest therein, such notice will be sufficiently given if given to the Trustee shall constitute sufficient notice Depositary for every purpose hereunder. Failure such Global Subordinated Note (or its designee) according to mail a notice or communication to a Holder or any defect in it or any defect in any notice by publication as to a Holder shall not affect the sufficiency applicable procedures of such notice with respect to other Holders. If a notice or communication is mailed or published in the manner provided above, it is conclusively presumed duly givenDepositary prescribed for giving such notice.

Appears in 2 contracts

Samples: ConnectOne Bancorp, Inc., ConnectOne Bancorp, Inc.

Required Notices or Demands. Any notice or communication by the Company, the Subsidiary Guarantors or the Trustee to the others is duly given if in writing (in the English language) and delivered in Person Person, emailed, or mailed by registered or certified mail (return receipt requested), telecopier telecopier, or overnight air courier guaranteeing next day delivery, to the other’s address: If to the Company or any of the Subsidiary GuarantorGuarantors: Xxxx Centre 0000 Xxxx EnLink Midstream, LLC 1000 Xxxxx Xxxxxx, 00xx Xxxxx XxxxxxxxxxxxSuite 1300 Dallas, XX 00000 Texas 75201 Attention: Chief Financial Officer Telecopy No.: (000) 000-0000 If to the Trustee: [ ] Computershare Trust Company, N.A. 1000 Xxxxxx Xxxx Xxxxx St. Pxxx, Minnesota, 55108 Attention: Corporate Trustee Services EnLink Midstream Administrator Telephone: (000) 000-0000 The Company, any the Subsidiary Guarantor Guarantors or the Trustee by notice to the others may designate additional or different addresses for subsequent notices or communications. All notices and communications shall be deemed to have been duly given: at the time delivered by hand, if personally delivered; five Business Days after being deposited in the mail, postage prepaid, if mailed; on the first Business Day on or after being sent, if telecopied and or sent electronically or the sender receives confirmation of successful transmission; and the next Business Day after timely delivery to the courier, if sent by overnight air courier guaranteeing next day delivery. Any However, any notice required or permitted communication delivered to the Trustee shall be deemed effective upon actual receipt thereof. When the Debt Securities of any series are in certificated form, any notice or communication to a Holder will be mailed by first class mail, certified or registered, return receipt requested, or by overnight air courier guaranteeing next day delivery to its address shown on the register kept by the CompanyRegistrar. When the Debt Securities of any series are in the form of Global Securities, any Subsidiary Guarantor notice or communication to a Holder shall be sent to the Trustee Holder electronically pursuant to the provisions applicable procedures of this Indenture shall the Depositary and the Trustee. Any notice or communication will also be deemed so sent to be properly mailed any Person described in TIA §313(c), to the extent required by being deposited postage prepaid the TIA. Failure to mail or send a notice or communication as provided herein to a Holder or any defect in a post office letter box in the United States addressed it will not affect its sufficiency with respect to such Holder at the address of such Holder as shown on the Debt Security Registerother Holders. Any report pursuant to Section 313 of the TIA shall be transmitted in compliance with subsection (c) therein. Notwithstanding the foregoing, any notice to Holders of Floating Rate Debt Securities regarding the determination of a periodic rate of interest, if such notice is required pursuant to Section 2.03, shall be sufficiently given if given in the manner specified pursuant to Section 2.03. In the event of suspension of regular mail service or by reason of any other cause it shall be impracticable to give notice by mailmail in connection with the Debt Securities of any series in certificate form, then such notification as shall be given with the approval of the Trustee shall constitute sufficient notice for every purpose hereunder. In the event it shall be impracticable to give notice by publication, then such notification as shall be given with the approval of the Trustee shall constitute sufficient notice for every purpose hereunder. Failure to mail a notice or communication to a Holder or any defect in it or any defect in any notice by publication as to a Holder shall not affect the sufficiency of such notice with respect to other Holders. If a notice or communication is mailed or published in the manner provided above, it is conclusively presumed duly given.

Appears in 2 contracts

Samples: Indenture (EnLink Midstream Partners, LP), EnLink Midstream Partners, LP

Required Notices or Demands. Any notice or communication by the CompanyIssuers, the Subsidiary Guarantors or the Trustee to the others is duly given if in writing in the English language and delivered in Person or mailed by registered or certified mail (return receipt requested), telecopier or overnight air courier guaranteeing next day delivery, to the other’s address: If to the Company Issuers or any Subsidiary Guarantor: Xxxx Centre 0000 Xxxx USA Compression Partners, LP 000 Xxxxxxxx Xxxxxx, 00xx Xxxxx Xxxxxxxxxxxx000 Xxxxxx, XX Xxxxx 00000 Attention: Chief Financial Officer General Counsel Telecopy No. (000) 000-0000 If to the Trustee: [ ] [ ] [ ] [ ] The CompanyIssuers, any Subsidiary Guarantor or the Trustee by notice to the others may designate additional or different addresses for subsequent notices or communications. All notices and communications shall be deemed to have been duly given: at the time delivered by hand, if personally delivered; five Business Days after being deposited in the mail, postage prepaid, if mailed; on the first Business Day on or after being sent, if telecopied and the sender receives confirmation of successful transmission; and the next Business Day after timely delivery to the courier, if sent by overnight air courier guaranteeing next day delivery. Any notice required or permitted to a Holder by the CompanyIssuers, any Subsidiary Guarantor or the Trustee pursuant to the provisions of this Indenture shall be deemed to be properly mailed given (i) by being deposited postage prepaid in a post office letter box in the United States addressed to such Holder at the address of such Holder as shown on the Debt Security RegisterRegister or (ii) if the Holder is the Depository, by being given by such other means as the Depository may specify. Any report pursuant to Section 313 of the TIA shall be transmitted in compliance with subsection (c) therein. Notwithstanding the foregoing, any notice to Holders of Floating Rate Securities regarding the determination of a periodic rate of interest, if such notice is required pursuant to Section 2.03, shall be sufficiently given if given in the manner specified pursuant to Section 2.03. In the event of suspension of regular mail service or by reason of any other cause it shall be impracticable to give notice by mail, then such notification as shall be given with the approval of the Trustee shall constitute sufficient notice for every purpose hereunder. In the event it shall be impracticable to give notice by publication, then such notification as shall be given with the approval of the Trustee shall constitute sufficient notice for every purpose hereunder. Failure to mail a notice or communication to a Holder or any defect in it or any defect in any notice by publication as to a Holder shall not affect the sufficiency of such notice with respect to other Holders. If a notice or communication is mailed or published in the manner provided above, it is conclusively presumed duly given.

Appears in 2 contracts

Samples: Indenture (USA Compression Finance Corp.), Indenture (USAC Leasing 2, LLC)

Required Notices or Demands. Any notice or communication by the CompanyIssuers, the Subsidiary Guarantors or the Trustee to the others is duly given if in writing in the English language and delivered in Person or mailed by registered or certified mail (return receipt requested), telecopier or overnight air courier guaranteeing next day delivery, to the other’s address: If to the Company Issuers or any Subsidiary Guarantor: Xxxx Centre 0000 Xxxx BreitBurn Energy Partners L.P. 000 Xxxxx Xxxxxx Xxxxxx, 00xx Xxxxx Xxxxxxxxxxxx0000 Xxx Xxxxxxx, XX Xxxxxxxxxx 00000 Attention: Chief Financial Officer Xxxxxxx X. Xxxxx, Esq., Executive Vice President and General Counsel Telecopy No. If to the Trustee: [ ] _____________________ The CompanyIssuers, any Subsidiary Guarantor or the Trustee by notice to the others may designate additional or different addresses for subsequent notices or communications. All notices and communications shall be deemed to have been duly given: at the time delivered by hand, if personally delivered; five Business Days after being deposited in the mail, postage prepaid, if mailed; on the first Business Day on or after being sent, if telecopied and the sender receives confirmation of successful transmission; and the next Business Day after timely delivery to the courier, if sent by overnight air courier guaranteeing next day delivery. Any notice required or permitted to a Holder by the CompanyIssuers, any Subsidiary Guarantor or the Trustee pursuant to the provisions of this Indenture shall be deemed to be properly mailed by being deposited postage prepaid in a post office letter box in the United States addressed to such Holder at the address of such Holder as shown on the Debt Security Register. Any report pursuant to Section 313 of the TIA shall be transmitted in compliance with subsection (c) therein. Notwithstanding the foregoing, any notice to Holders of Floating Rate Securities regarding the determination of a periodic rate of interest, if such notice is required pursuant to Section 2.03, shall be sufficiently given if given in the manner specified pursuant to Section 2.03. In the event of suspension of regular mail service or by reason of any other cause it shall be impracticable to give notice by mail, then such notification as shall be given with the approval of the Trustee shall constitute sufficient notice for every purpose hereunder. In the event it shall be impracticable to give notice by publication, then such notification as shall be given with the approval of the Trustee shall constitute sufficient notice for every purpose hereunder. Failure to mail a notice or communication to a Holder or any defect in it or any defect in any notice by publication as to a Holder shall not affect the sufficiency of such notice with respect to other Holders. If a notice or communication is mailed or published in the manner provided above, it is conclusively presumed duly given.

Appears in 2 contracts

Samples: Alamitos Co, BreitBurn Finance Corp

Required Notices or Demands. Any notice or communication by the Company, the Subsidiary Guarantors or the Trustee to the others is duly given if in writing and delivered in Person or mailed by registered or certified mail (return receipt requested), telecopier or overnight air courier guaranteeing next day delivery, to the other’s address: If to the Company or any Subsidiary Guarantor: Glimcher Realty Trust 000 Xxxx Centre 0000 Xxxxx Xxxxxx Xxxxxxxx, Xxxx Xxxxxx, 00xx Xxxxx Xxxxxxxxxxxx, XX 00000 AttentionAttn: Chief Financial Executive Officer If to the Trustee: [ [____________________] The Company, any Subsidiary Guarantor or the Trustee by notice to the others may designate additional or different addresses for subsequent notices or communications. All notices and communications shall be deemed to have been duly given: at the time delivered by hand, if personally delivered; five Business Days after being deposited in the mail, postage prepaid, if mailed; on the first Business Day on or after being sent, if telecopied and the sender receives confirmation of successful transmission; and the next Business Day after timely delivery to the courier, if sent by overnight air courier guaranteeing next day delivery. Any notice required or permitted to a Holder by the Company, any Subsidiary Guarantor or the Trustee pursuant to the provisions of this Indenture shall be deemed to be properly mailed by being deposited postage prepaid in a post office letter box in the United States addressed to such Holder at the address of such Holder as shown on the Debt Security Register. Any report pursuant to Section 313 of the TIA shall be transmitted in compliance with subsection (c) therein. Notwithstanding the foregoing, any notice to Holders of Floating Rate Securities regarding the determination of a periodic rate of interest, if such notice is required pursuant to Section 2.03, shall be sufficiently given if given in the manner specified pursuant to Section 2.03. In the event of suspension of regular mail service or by reason of any other cause it shall be impracticable to give notice by mail, then such notification as shall be given with the approval of the Trustee shall constitute sufficient notice for every purpose hereunder. In the event it shall be impracticable to give notice by publication, then such notification as shall be given with the approval of the Trustee shall constitute sufficient notice for every purpose hereunder. Failure to mail a notice or communication to a Holder or any defect in it or any defect in any notice by publication as to a Holder shall not affect the sufficiency of such notice with respect to other Holders. If a notice or communication is mailed or published in the manner provided above, it is conclusively presumed duly given.

Appears in 2 contracts

Samples: Indenture (Glimcher Realty Trust), Indenture (Glimcher Realty Trust)

Required Notices or Demands. Any notice or communication by the Company, the Subsidiary Guarantors Company or the Trustee to the others other is duly given if in writing and delivered in Person or mailed delivered by registered or certified mail (return receipt requested), telecopier facsimile, email or overnight air courier guaranteeing next day delivery, to the other’s address: If to the Company or any Subsidiary GuarantorCompany; Home Bancorp, Inc. 000 Xxxxxxx Xxxxxx Road Lafayette, Louisiana 70508 Attention: Xxxx Centre 0000 Xxxx XxxxxxX. Xxxxxxxx Chairman, 00xx Xxxxx Xxxxxxxxxxxx, XX 00000 AttentionPresident and Chief Executive Officer Email: Chief Financial Officer xxxx@xxxx00xxxx.xxx If to the Trustee: [ ] UMB Bank, National Association, as Trustee 0000 Xxx Xxxxxx, Suite 870 Houston, Texas 77056 Attention: Xxxxx X. Xxxxx Email: xxxxx.xxxxx@xxx.xxx The Company, any Subsidiary Guarantor Company or the Trustee by notice to the others other may designate additional or different addresses for subsequent notices or communications. All notices and communications shall will be deemed to have been duly given: at the time delivered by hand, if personally delivered; five Business Days after being deposited in the mail, postage prepaid, if maileddelivered by mail; on the first Business Day on or after being sent, if telecopied sent by facsimile and the sender receives confirmation of successful transmission; upon confirmation of transmittal (but excluding any automatic reply to such email), if sent by email; and the next Business Day after timely delivery to the courier, if sent by overnight air courier guaranteeing next day delivery. Any notice required or permitted to be given to a Holder by the Company, any Subsidiary Guarantor or the Trustee pursuant to under the provisions of this Indenture shall will be deemed to be properly mailed delivered by being deposited postage prepaid in a post office letter box in the United States addressed to such Holder at the address of such Holder as shown on the Debt Security RegisterSubordinated Note Register or by delivery electronically through the Applicable Procedures of the Depositary. Any report pursuant to in accordance with Section 313 of the TIA shall Trust Indenture Act will be transmitted in compliance with subsection (c) therein. Notwithstanding If the foregoingCompany delivers a notice or communication to Holders, the Company will deliver a copy to the Trustee at the same time. In any case where notice to Holders of Floating Rate Securities regarding Subordinated Notes is delivered by mail, neither the determination failure to deliver such notice, nor any defect in any notice so delivered, to any particular Holder of a periodic rate Subordinated Note will affect the sufficiency of interest, if such notice with respect to other Holders of Subordinated Notes. Any notice that is required pursuant to Section 2.03, shall be sufficiently given if given delivered in the manner specified pursuant herein provided will be conclusively presumed to Section 2.03have been duly given or provided. In the event case by reason of the suspension of regular mail service or by reason of any other cause it shall will be impracticable to give such notice by mail, then such notification as shall will be given made with the approval of the Trustee shall will constitute a sufficient notice notification for every purpose hereunder. In Where this Indenture provides for notice in any manner, such notice may be waived in writing by the event it shall Person entitled to receive such notice, either before or after the event, and such waiver will be impracticable to give the equivalent of such notice. Waivers of notice by publication, then such notification as shall Holders of Subordinated Notes will be given filed with the approval Trustee, but such filing will not be a condition precedent to the validity of any action taken in reliance upon such waiver. Notwithstanding any other provision herein, where this Indenture provides for notice to any Holder of a Global Subordinated Note, or of an interest therein, such notice will be sufficiently given if given to the Trustee shall constitute sufficient notice Depositary for every purpose hereunder. Failure such Global Subordinated Note (or its designee) according to mail a notice or communication to a Holder or any defect in it or any defect in any notice by publication as to a Holder shall not affect the sufficiency Applicable Procedures of such notice with respect to other Holders. If a notice or communication is mailed or published in the manner provided above, it is conclusively presumed duly givenDepositary prescribed for giving such notice.

Appears in 2 contracts

Samples: Indenture (Home Bancorp, Inc.), Indenture (Home Bancorp, Inc.)

Required Notices or Demands. Any notice or communication by the Company, the Subsidiary Guarantors Guarantor or the Trustee to the others is duly given if in writing and delivered in Person or mailed by registered or certified mail (return receipt requested), telex, telecopier or overnight air courier guaranteeing next day delivery, to the other’s 's address: If to the Company or any Subsidiary GuarantorCompany: Xxxx Centre Xxxxxx Resources, Inc. 0000 Xxxx Xxxxxx, Xxxxxx xx xxx Xxxxxxxx 00xx Xxxxx XxxxxxxxxxxxXxx Xxxx, XX 00000 Attention: Chief Financial Officer General Counsel If to the Guarantor: Xxxxxx Resources of California, Inc. 000 Xxxxxxxxx, Xxxxx 000 Xxxx Xxxxx, XX 00000 Attention: President If to the Trustee: The Bank of New York Mellon Corporate Trust Office [ ] [ ] Attention: Corporate Trust Administration The Company, any Subsidiary the Guarantor or the Trustee by notice to the others other may designate additional or different addresses for subsequent notices or communications. All notices and communications shall be deemed to have been duly given: at the time delivered by hand, if personally delivered; five Business Days after being deposited in the mail, postage prepaid, if mailed; when answered back, if telexed; on the first Business Day on or after being sent, if telecopied and the sender receives confirmation of successful transmission; and the next Business Day after timely delivery to the courier, if sent by overnight air courier guaranteeing next day delivery. Any notice required or permitted to a Registered Holder by the Company, any Subsidiary Guarantor or the Trustee pursuant to the provisions of this Indenture shall be deemed to be properly mailed by being deposited postage prepaid in a post office letter box in the United States addressed to such Holder at the address of such Holder as shown on the Debt Security Register. Any report pursuant to Section 313 of the TIA shall be transmitted in compliance with subsection (c) therein. Any notice required or permitted to a Bearer Holder pursuant to this Indenture shall be deemed to be properly given if published on two separate business days in an Authorized Newspaper or Newspapers in such Place or Places of Payment specified pursuant to Section 2.06, the first such publication to be not earlier than the earliest date and not later than two business days prior to the latest date prescribed for the giving of such notice. Notwithstanding the foregoing, any notice to Holders of Floating Rate Debt Securities regarding the determination of a periodic rate of interest, if such notice is required pursuant to Section 2.032.06, shall be sufficiently given if given in the manner specified pursuant to Section 2.032.06. In the event of suspension of regular mail service or by reason of any other cause it shall be impracticable to give notice by mail, then such notification as shall be given with the approval of the Trustee shall constitute sufficient notice for every purpose hereunder. In the event of suspension of publication of any Authorized Newspaper or by reason of any other cause it shall be impracticable to give notice by publication, then such notification as shall be given with the approval of the Trustee shall constitute sufficient notice for every purpose hereunder. Failure to mail a notice or communication to a Holder or any defect in it or any defect in any notice by publication as to a Holder shall not affect the sufficiency of such notice with respect to other Holders. If a notice or communication is mailed or published in the manner provided above, it is conclusively presumed duly given.

Appears in 2 contracts

Samples: Warren Resources (Warren Resources of California Inc), Warren Resources of California Inc

Required Notices or Demands. Any notice or communication by the CompanyIssuers, the Subsidiary Guarantors or the Trustee to the others is duly given if in writing (in the English language) and delivered in Person or mailed by registered or certified mail (return receipt requested), telecopier or overnight air courier guaranteeing next day delivery, to the other’s address: If to the Company Issuers or any the Subsidiary GuarantorGuarantors: Xxxx Centre Xxxxx Energy Partners, L.P. Holly Energy Finance Corp. 0000 Xxxx XxxxxxX. Xxxxxxx, 00xx Xxxxx XxxxxxxxxxxxSuite 1300 Dallas, XX 00000 Texas 75201 Attention: Chief Financial Officer Telecopy No.: (000) 000-0000 If to the Trustee: [ ] The CompanyIssuers, any the Subsidiary Guarantor Guarantors or the Trustee by notice to the others may designate additional or different addresses for subsequent notices or communications. All notices and communications shall be deemed to have been duly given: at the time delivered by hand, if personally delivered; five Business Days after being deposited in the mail, postage prepaid, if mailed; on the first Business Day on or after being sent, if telecopied and the sender receives confirmation of successful transmission; and the next Business Day after timely delivery to the courier, if sent by overnight air courier guaranteeing next day delivery. Any notice required or permitted to a Holder by the CompanyIssuers, any the Subsidiary Guarantor Guarantors or the Trustee pursuant to the provisions of this Indenture shall be deemed to be properly mailed by being deposited postage prepaid in a post office letter box in the United States addressed to such Holder at the address of such Holder as shown on the Debt Security Register. Any report pursuant to Section 313 of the TIA shall be transmitted in compliance with subsection (c) therein. Notwithstanding the foregoing, any notice to Holders of Floating Rate Securities regarding the determination of a periodic rate of interest, if such notice is required pursuant to Section 2.03, shall be sufficiently given if given in the manner specified pursuant to Section 2.03. In the event of suspension of regular mail service or by reason of any other cause it shall be impracticable to give notice by mail, then such notification as shall be given with the approval of the Trustee shall constitute sufficient notice for every purpose hereunder. In the event it shall be impracticable to give notice by publication, then such notification as shall be given with the approval of the Trustee shall constitute sufficient notice for every purpose hereunder. Failure to mail a notice or communication to a Holder or any defect in it or any defect in any notice by publication as to a Holder shall not affect the sufficiency of such notice with respect to other Holders. If a notice or communication is mailed or published in the manner provided above, it is conclusively presumed duly given.

Appears in 2 contracts

Samples: Indenture (Hep Slc, LLC), Indenture (Hep Slc, LLC)

Required Notices or Demands. Any notice or communication by the Company, the Subsidiary Guarantors Company or the Trustee to the others other is duly given if in writing and delivered in Person or mailed delivered by registered or certified mail (return receipt requested), telecopier facsimile or overnight air courier guaranteeing next day delivery, to the other’s address: If to the Company or any Subsidiary GuarantorCompany: Xxxx Centre Eagle Bancorp Montana, Inc. 0000 Xxxx Xxxxxxxx Xxxxxx Xxxxxx, 00xx Xxxxxxx 00000 Attention: Xxxxx XxxxxxxxxxxxX. Xxxxx Facsimile: (000)-000-0000 If to the Trustee: U.S. Bank National Association 000 Xxxxxxxx Xxxxxx, Xxxxx 000 Xxxxxxxxx, XX 00000 Attention: Chief Financial Officer If to the TrusteeXxxxx Xxxxx Facsimile No.: [ ] (000) 000-0000 The Company, any Subsidiary Guarantor Company or the Trustee by notice to the others other may designate additional or different addresses for subsequent notices or communications. All notices and communications shall will be deemed to have been duly given: at the time delivered by hand, if personally delivered; five Business Days after being deposited in the mail, postage prepaid, if maileddelivered by mail; on the first Business Day on or after being sent, if telecopied sent by facsimile and the sender receives confirmation of successful transmission; and the next Business Day after timely delivery to the courier, if sent by overnight air courier guaranteeing next day delivery. Any notice required or permitted to be given to a Holder by the Company, any Subsidiary Guarantor or the Trustee pursuant to under the provisions of this Indenture shall will be deemed to be properly mailed delivered by being deposited postage prepaid in a post office letter box in the United States addressed to such Holder at the address of such Holder as shown on the Debt Security Subordinated Note Register. Any report pursuant to in accordance with Section 313 of the TIA shall Trust Indenture Act will be transmitted in compliance with subsection (c) therein. Notwithstanding If the foregoingCompany delivers a notice or communication to Holders, the Company will deliver a copy to the Trustee at the same time. In any case where notice to Holders of Floating Rate Securities regarding Subordinated Notes is delivered by mail, neither the determination failure to deliver such notice, nor any defect in any notice so delivered, to any particular Holder of a periodic rate Subordinated Note will affect the sufficiency of interest, if such notice with respect to other Holders of Subordinated Notes. Any notice that is required pursuant to Section 2.03, shall be sufficiently given if given delivered in the manner specified pursuant herein provided will be conclusively presumed to Section 2.03have been duly given or provided. In the event case by reason of the suspension of regular mail service or by reason of any other cause it shall will be impracticable to give such notice by mail, then such notification as shall will be given made with the approval of the Trustee shall will constitute a sufficient notice notification for every purpose hereunder. In Where this Indenture provides for notice in any manner, such notice may be waived in writing by the event it shall Person entitled to receive such notice, either before or after the event, and such waiver will be impracticable to give the equivalent of such notice. Waivers of notice by publication, then such notification as shall Holders of Subordinated Notes will be given filed with the approval Trustee, but such filing will not be a condition precedent to the validity of any action taken in reliance upon such waiver. Notwithstanding any other provision herein, where this Indenture provides for notice to any Holder of a Global Subordinated Note, or of an interest therein, such notice will be sufficiently given if given to the Trustee shall constitute sufficient notice Depositary for every purpose hereunder. Failure such Global Subordinated Note (or its designee) according to mail a notice or communication to a Holder or any defect in it or any defect in any notice by publication as to a Holder shall not affect the sufficiency Applicable Procedures of such notice with respect to other Holders. If a notice or communication is mailed or published in the manner provided above, it is conclusively presumed duly givenDepositary prescribed for giving such notice.

Appears in 2 contracts

Samples: Eagle Bancorp Montana, Inc., Eagle Bancorp Montana, Inc.

Required Notices or Demands. Any Except as otherwise expressly provided in this Indenture, any notice or communication demand which by any provision of this Indenture is required or permitted to be given or served by the Company, Trustee or by the Subsidiary Guarantors Holders to or on the Trustee to the others is duly Issuer or a Guarantor may be given if in writing and delivered in Person person or mailed by first-class mail (registered or certified mail (certified, return receipt requested), telecopier ) or sent by overnight air courier guaranteeing next day deliverydelivery addressed (until another address is filed by the Issuer or a Guarantor with the Trustee) as follows: Xxxxxx Solutions Inc. Xxxxxx Engineering Group Inc. 0000 Xxxxx Xxxxxx Suite 1200 Dallas, Texas 75201 Attention: General Counsel Except as otherwise expressly provided in this Indenture, any notice, direction, request or demand by the Issuer, a Guarantor or by any Holder to or upon the Trustee may be given or made, for all purposes, if delivered in person or mailed by first-class mail (registered or certified, return receipt requested) or sent by overnight air courier guaranteeing next day delivery addressed to the other’s addressCorporate Trust Office of the Trustee initially at: If to the Company or any Subsidiary Guarantor: U.S. Bank Trust Company, National Association 00000 Xxxx Centre 0000 Xxxx XxxxxxSuite 800 Dallas, 00xx Xxxxx Xxxxxxxxxxxx, XX 00000 TX 75240 Attention: Chief Financial Officer If to the TrusteeGlobal Corporate Trust Services Email: [ ] xxxxxxx.xxxxxxxxx@xxxxxx.xxx Facsimile No.: (000) 000-0000 The CompanyIssuer, any Subsidiary Guarantor or the Trustee by notice to the others other may designate additional or different addresses for subsequent notices or communications. All notices and communications shall be deemed to have been duly given: at the time delivered by hand, if personally delivered; five Business Days after being deposited in the mail, postage prepaid, if mailed; on the first Business Day on or after being sent, if telecopied and the sender receives confirmation of successful transmission; and the next Business Day after timely delivery to the courier, if sent by overnight air courier guaranteeing next day delivery. Any notice required or permitted to a Registered Holder by the CompanyIssuer, any Subsidiary Guarantor or the Trustee pursuant to the provisions of this Indenture shall be deemed to be properly mailed by being deposited postage prepaid in a post office letter box in the United States addressed to such Holder at the address of such Holder as shown on the Debt Security Register. Any report pursuant to Section 313 of the TIA Trust Indenture Act shall be transmitted in compliance with subsection (c) therein. Notwithstanding the foregoing, any notice to Holders of Floating Rate Securities regarding the determination of a periodic rate of interest, if such notice is required pursuant to Section 2.03, shall be sufficiently given if given in the manner specified pursuant to Section 2.03. In the event of suspension of regular mail service or by reason of any other cause it shall be impracticable to give notice by mail, then such notification as shall be given with the approval of the Trustee shall constitute sufficient notice for every purpose hereunderthereunder. The Trustee shall have the right to accept and act upon any notice, instruction, or other communication, including any funds transfer instruction (each, a “Notice”), received pursuant to this Indenture by electronic transmission (including by e-mail, facsimile transmission, web portal or other electronic methods) and reasonably believed by the Trustee to be valid and shall not have any duty to confirm that the person sending such Notice is, in fact, a person authorized to do so. Electronic signatures reasonably believed by the Trustee to comply with the ESIGN Act of 2000 or other applicable law (including electronic images of handwritten signatures and digital signatures provided by DocuSign, Orbit, Adobe Sign or any other digital signature provider identified by any other party hereto and acceptable to the Trustee) shall be deemed original signatures for all purposes. Notwithstanding the foregoing, the Trustee may in any instance and in its sole discretion require that a Notice in the form of an original document bearing a manual signature be delivered to the Trustee in lieu of, or in addition to, any such electronic Notice. In the event of suspension of publication of any Authorized Newspaper or by reason of any other cause it shall be impracticable to give notice by publication, then such notification as shall be given with the approval of pursuant to an Officer’s Certificate delivered to the Trustee shall constitute sufficient notice for every purpose hereunder. Failure to mail a notice or communication to a Holder or any defect in it or any defect in any notice by publication as to a Holder shall not affect the sufficiency of such notice with respect to other Holders. If a notice or communication is mailed or published in the manner provided above, it is conclusively presumed duly given. Notwithstanding any other provision of this Indenture or any Debt Security, where this Indenture or any Debt Security provides for notice of any event (including any notice of redemption) 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.

Appears in 2 contracts

Samples: Indenture (Jacobs Engineering Group Inc /De/), Indenture (Jacobs Engineering Group Inc /De/)

Required Notices or Demands. Any notice or communication by the Company, the Subsidiary Guarantors or the Trustee to the others is duly given if in writing and delivered in Person or mailed by registered or certified mail (return receipt requested), telecopier or overnight air courier guaranteeing next day delivery, to the other’s address: If to the Company or any Subsidiary Guarantor: Glimcher Realty Trust 000 Xxxx Centre 0000 Xxxx XxxxxxXxxxx Xxxxxx Columbus, 00xx Xxxxx Xxxxxxxxxxxx, XX 00000 AttentionOhio 43215 Attn: Chief Financial Executive Officer If to the Trustee: [ [__________________________] The Company, any Subsidiary Guarantor or the Trustee by notice to the others may designate additional or different addresses for subsequent notices or communications. All notices and communications shall be deemed to have been duly given: at the time delivered by hand, if personally delivered; five Business Days after being deposited in the mail, postage prepaid, if mailed; , on the first Business Day on or after being sent, if telecopied and the sender receives confirmation of successful transmission; and the next Business Day after timely delivery to the courier, if sent by overnight air courier guaranteeing next day delivery. Any notice required or permitted to a Holder by the Company, any Subsidiary Guarantor or the Trustee pursuant to the provisions of this Indenture shall be deemed to be properly mailed by being deposited postage prepaid in a post office letter box in the United States addressed to such Holder at the address of such Holder as shown on the Debt Security Register. Any report pursuant to Section 313 of the TIA shall be transmitted in compliance with subsection (c) therein. Notwithstanding the foregoing, any notice to Holders of Floating Rate Securities regarding the determination of a periodic rate of interest, if such notice is required pursuant to Section 2.03, shall be sufficiently given if given in the manner specified pursuant to Section 2.03. In the event of suspension of regular mail service or by reason of any other cause it shall be impracticable to give notice by mail, then such notification as shall be given with the approval of the Trustee shall constitute sufficient notice for every purpose hereunder. In the event it shall be impracticable to give notice by publication, then such notification as shall be given with the approval of the Trustee shall constitute sufficient notice for every purpose hereunder. Failure to mail a notice or communication to a Holder or any defect in it or any defect in any notice by publication as to a Holder shall not affect the sufficiency of such notice with respect to other Holders. If a notice or communication Communication is mailed or published in the manner provided above, it is conclusively presumed duly given.

Appears in 2 contracts

Samples: Glimcher Realty Trust, Glimcher Realty Trust

Required Notices or Demands. Any notice or communication by the CompanyIssuers, the Subsidiary Guarantors or the Trustee to the others is duly given if in writing in the English language and delivered in Person or mailed by registered or certified mail (return receipt requested), telecopier or overnight air courier guaranteeing next day delivery, to the other’s address: If to the Company Issuers or any Subsidiary Guarantor: Xxxx Centre CNX Coal Resources LP 0000 Xxxx XxxxxxXxxxxx Xxxxxx Xxxxx Canonsburg, 00xx Xxxxx Xxxxxxxxxxxx, XX 00000 Pennsylvania 15317 Attention: Chief Financial Officer [ ] Telecopy No.: (000) 000-0000 If to the Trustee: [ ] The CompanyIssuers, any Subsidiary Guarantor or the Trustee by notice to the others may designate additional or different addresses for subsequent notices or communications. All notices and communications shall be deemed to have been duly given: at the time delivered by hand, if personally delivered; five Business Days after being deposited in the mail, postage prepaid, if mailed; on the first Business Day on or after being sent, if telecopied and the sender receives confirmation of successful transmission; and the next Business Day after timely delivery to the courier, if sent by overnight air courier guaranteeing next day delivery. Any notice required or permitted to a Holder by the CompanyIssuers, any Subsidiary Guarantor or the Trustee pursuant to the provisions of this Indenture shall be deemed to be properly mailed by being deposited postage prepaid in a post office letter box in the United States addressed to such Holder at the address of such Holder as shown on the Debt Security Register. Any report pursuant to Section 313 of the TIA shall be transmitted in compliance with subsection (c) therein. Notwithstanding the foregoing, any notice to Holders of Floating Rate Securities regarding the determination of a periodic rate of interest, if such notice is required pursuant to Section 2.03, shall be sufficiently given if given in the manner specified pursuant to Section 2.03. In the event of suspension of regular mail service or by reason of any other cause it shall be impracticable to give notice by mail, then such notification as shall be given with the approval of the Trustee shall constitute sufficient notice for every purpose hereunder. In the event it shall be impracticable to give notice by publication, then such notification as shall be given with the approval of the Trustee shall constitute sufficient notice for every purpose hereunder. Failure to mail a notice or communication to a Holder or any defect in it or any defect in any notice by publication as to a Holder shall not affect the sufficiency of such notice with respect to other Holders. If a notice or communication is mailed or published in the manner provided above, it is conclusively presumed duly given.

Appears in 2 contracts

Samples: Indenture (CNX Coal Finance Corp.), Indenture (CNX Coal Finance Corp.)

Required Notices or Demands. Any notice or communication by the CompanyPartnership, the Subsidiary Guarantors or the Trustee to the others is duly given if in writing and delivered in Person or mailed by registered or certified mail (return receipt requested), telecopier or overnight air courier guaranteeing next day delivery, to the other’s 's address: If to the Partnership or the Subsidiary Guarantors: TEPPCO Partners, L.P. TE Products Pipeline Company, Limited Partnership TCTM, L.P. TEPPCO Midstream Companies, L.P. Jonah Gas Gathering Company or any Subsidiary Guarantor: Xxxx Centre 0000 Xxxx Xxxxxx2929 Allen Parkway Houston, 00xx Xxxxx Xxxxxxxxxxxx, XX 00000 Texas 77252 Attention: Chief Financial Officer Cxxxx Xxxxxxxxx Xxxxxxx Telecopy No. 713-759-3636 If to the Trustee: [ ] First Union Nationxx Xxxx 5847 San Felipe, Suite 1050 Houston, Texas 77057 Attx: Xxxxxxxxx Xxxxx Xxxxxxxxxx Telecopy: 713-278-4329 The CompanyPartnership, any the Subsidiary Guarantor Guarantors or the Trustee by txx Xxxxxxx xy notice to the others may designate additional or different addresses for subsequent notices or communications. All notices and communications shall be deemed to have been duly given: at the time delivered by hand, if personally delivered; five Business Days after being deposited in the mail, postage prepaid, if mailed; on the first Business Day on or after being sent, if telecopied and the sender receives confirmation of successful transmission; and the next Business Day after timely delivery to the courier, if sent by overnight air courier guaranteeing next day delivery. Any notice required or permitted to a Holder by the CompanyPartnership, any the Subsidiary Guarantor Guarantors or the Trustee pursuant to the provisions of this Indenture shall be deemed to be properly mailed by being deposited postage prepaid in a post office letter box in the United States addressed to such Holder at the address of such Holder as shown on the Debt Security Register. Any report pursuant to Section 313 of the TIA shall be transmitted in compliance with subsection (c) therein. Notwithstanding the foregoing, any notice to Holders of Floating Rate Debt Securities regarding the determination of a periodic rate of interest, if such notice is required pursuant to Section 2.03, shall be sufficiently given if given in the manner specified pursuant to Section 2.03. In the event of suspension of regular mail service or by reason of any other cause it shall be impracticable to give notice by mail, then such notification as shall be given with the approval of the Trustee shall constitute sufficient notice for every purpose hereunder. In the event it shall be impracticable to give notice by publication, then such notification as shall be given with the approval of the Trustee shall constitute sufficient notice for every purpose hereunder. Failure to mail a notice or communication to a Holder or any defect in it or any defect in any notice by publication as to a Holder shall not affect the sufficiency of such notice with respect to other Holders. If a notice or communication is mailed or published in the manner provided above, it is conclusively presumed duly given.

Appears in 2 contracts

Samples: Indenture (Jonah Gas Gathering Co), Jonah Gas Gathering Co

Required Notices or Demands. Any notice or communication by the CompanyIssuers, the Subsidiary Guarantors or the Trustee to the others is duly given if in writing in the English language and delivered in Person or mailed by registered or certified mail (return receipt requested), telecopier or overnight air courier guaranteeing next day delivery, to the other’s address: If to the Company Issuers or any Subsidiary Guarantor: Xxxx Centre Pioneer Southwest Energy Partners L.P. 0000 Xxxx XxxxxxX. X’Xxxxxx Blvd., 00xx Xxxxx XxxxxxxxxxxxSuite 200 Irving, XX 00000 Texas 75039 Attention: Chief Financial Officer Telecopy No. If to the Trustee: [ ] The CompanyIssuers, any Subsidiary Guarantor or the Trustee by notice to the others may designate additional or different addresses for subsequent notices or communications. All notices and communications shall be deemed to have been duly given: at the time delivered by hand, if personally delivered; five Business Days after being deposited in the mail, postage prepaid, if mailed; on the first Business Day on or after being sent, if telecopied and the sender receives confirmation of successful transmission; and the next Business Day after timely delivery to the courier, if sent by overnight air courier guaranteeing next day delivery. Any notice required or permitted to a Holder by the CompanyIssuers, any Subsidiary Guarantor or the Trustee pursuant to the provisions of this Indenture shall be deemed to be properly mailed by being deposited postage prepaid in a post office letter box in the United States addressed to such Holder at the address of such Holder as shown on the Debt Security Register. Any report pursuant to Section 313 of the TIA shall be transmitted in compliance with subsection (c) therein. Notwithstanding the foregoing, any notice to Holders of Floating Rate Securities regarding the determination of a periodic rate of interest, if such notice is required pursuant to Section 2.03, shall be sufficiently given if given in the manner specified pursuant to Section 2.03. In the event of suspension of regular mail service or by reason of any other cause it shall be impracticable to give notice by mail, then such notification as shall be given with the approval of the Trustee shall constitute sufficient notice for every purpose hereunder. In the event it shall be impracticable to give notice by publication, then such notification as shall be given with the approval of the Trustee shall constitute sufficient notice for every purpose hereunder. Failure to mail a notice or communication to a Holder or any defect in it or any defect in any notice by publication as to a Holder shall not affect the sufficiency of such notice with respect to other Holders. If a notice or communication is mailed or published in the manner provided above, it is conclusively presumed duly given.

Appears in 2 contracts

Samples: Satisfaction and Discharge of Indenture; Defeasance; Unclaimed Moneys (PSE Finance Corp), PSE Finance Corp

Required Notices or Demands. Any Except as otherwise expressly provided in this Indenture, any notice or communication demand which by any provision of this Indenture is required or permitted to be given or served by the Trustee or by the Holders to or on the Company may be given or served by being deposited postage prepaid in a post office letter box in the United States addressed (until another address is filed by the Company with the Trustee) as follows: Pioneer Natural Resources Company, the Subsidiary Guarantors or the Trustee to the others is duly given if in writing and delivered in Person or mailed by registered or certified mail (return receipt requested)1400 Xxxxxxxx Xxxxxx Xxxt, telecopier or overnight air courier guaranteeing next day delivery5205 Xxxxx X'Xxxxxx Xxxxxxxxx, to the other’s address: If to the Company or any Subsidiary Guarantor: Xxxx Centre 0000 Xxxx XxxxxxIrving, 00xx Xxxxx XxxxxxxxxxxxTexas 75039, XX 00000 Attention: Chief Financial Officer If Officer. Except as otherwise expressly provided in this Indenture, any notice, direction, request or demand by the Company or by any Holder to or upon the Trustee may be given or made, for all purposes, by being deposited postage prepaid in a post office letter box in the United States addressed to the Trustee: [ ] corporate trust office of the Trustee initially at [TRUSTEE ADDRESS]. The Company, any Subsidiary Guarantor Company or the Trustee by notice to the others other may designate additional or different addresses for subsequent notices or communications. All notices and communications shall be deemed to have been duly given: at the time delivered by hand, if personally delivered; five Business Days after being deposited in the mail, postage prepaid, if mailed; on the first Business Day on or after being sent, if telecopied and the sender receives confirmation of successful transmission; and the next Business Day after timely delivery to the courier, if sent by overnight air courier guaranteeing next day delivery. Any notice required or permitted to a Registered Holder by the Company, any Subsidiary Guarantor Company or the Trustee pursuant to the provisions of this Indenture shall be deemed to be properly mailed by being deposited postage prepaid in a post office letter box in the United States addressed to such Holder at the address of such Holder as shown on the Debt Security Register. Any report pursuant to Section 313 of the TIA Trust Indenture Act shall be transmitted in compliance with subsection (c) therein. Any notice required or permitted to a Bearer Holder by the Company or the Trustee pursuant to this Indenture shall be deemed to be properly given if published on two separate business days in an Authorized Newspaper or Newspapers in such Place or Places of Payment specified pursuant to Section 2.03, the first such publication to be not earlier than the earliest date and not later than two business days prior to the latest date prescribed for the giving of such notice. Notwithstanding the foregoing, any notice to Holders of Floating Rate Debt Securities regarding the determination of a periodic rate of interest, if such notice is required pursuant to Section 2.03, shall be sufficiently given if given in the manner specified pursuant to Section 2.03. In the event of suspension of regular mail service or by reason of any other cause it shall be impracticable to give notice by mail, then such notification as shall be given with the approval of the Trustee shall constitute sufficient notice for every purpose hereunder. In the event of suspension of publication of any Authorized Newspaper or by reason of any other cause it shall be impracticable to give notice by publication, then such notification as shall be given with the approval of the Trustee shall constitute sufficient notice for every purpose hereunder. Failure to mail a notice or communication to a Holder or any defect in it or any defect in any notice by publication as to a Holder shall not affect the sufficiency of such notice with respect to other Holders. If a notice or communication is mailed or published in the manner provided above, it is conclusively presumed duly given.

Appears in 2 contracts

Samples: Pioneer Natural Resources Co, Pioneer Natural Resources Usa Inc

Required Notices or Demands. Any notice or communication by the CompanyPartnership, the Subsidiary Guarantors or the Trustee to the others is duly given if in writing (in the English language) and delivered in Person or mailed by registered or certified mail (return receipt requested), telecopier or overnight air courier guaranteeing next day delivery, to the other’s address: If to the Company Partnership or any of the Subsidiary GuarantorGuarantors: Xxxx Centre Western Gas Partners, LP 0000 Xxxx XxxxxxXxxxxxx Xxxxx The Woodlands, 00xx Xxxxx Xxxxxxxxxxxx, XX 00000 Texas 77380 Attention: Chief Financial Officer Xxxxxx X. Xxxxxxxx Telecopy No.: (000) 000-0000 If to the Trustee: [ ] Xxxxx Fargo Bank, National Association 0000 Xxxx Xxxxxx, 2nd Floor Dallas, Texas 75202-2812 Attention: Corporate Trust Services Telecopy No.: (000) 000-0000 The CompanyPartnership, any the Subsidiary Guarantor Guarantors or the Trustee by notice to the others may designate additional or different addresses for subsequent notices or communications. All notices and communications shall be deemed to have been duly given: at the time delivered by hand, if personally delivered; five Business Days after being deposited in the mail, postage prepaid, if mailed; on the first Business Day on or after being sent, if telecopied and the sender receives confirmation of successful transmission; and the next Business Day after timely delivery to the courier, if sent by overnight air courier guaranteeing next day delivery. Any notice required or permitted to a Holder by the CompanyPartnership, any the Subsidiary Guarantor Guarantors or the Trustee pursuant to the provisions of this Indenture shall be deemed to be properly mailed by being deposited postage prepaid in a post office letter box in the United States addressed to such Holder at the address of such Holder as shown on the Debt Security Register. Any report pursuant to Section 313 of the TIA shall be transmitted in compliance with subsection (c) therein. Notwithstanding the foregoing, any notice to Holders of Floating Rate Debt Securities regarding the determination of a periodic rate of interest, if such notice is required pursuant to Section 2.03, shall be sufficiently given if given in the manner specified pursuant to Section 2.03. In the event of suspension of regular mail service or by reason of any other cause it shall be impracticable to give notice by mail, then such notification as shall be given with the approval of the Trustee shall constitute sufficient notice for every purpose hereunder. In the event it shall be impracticable to give notice by publication, then such notification as shall be given with the approval of the Trustee shall constitute sufficient notice for every purpose hereunder. Failure to mail a notice or communication to a Holder or any defect in it or any defect in any notice by publication as to a Holder shall not affect the sufficiency of such notice with respect to other Holders. If a notice or communication is mailed or published in the manner provided above, it is conclusively presumed duly given.

Appears in 2 contracts

Samples: Indenture (Western Gas Partners LP), Indenture (Kerr-McGee Gathering LLC)

Required Notices or Demands. Any notice or communication by the Company, the Subsidiary Guarantors Partnership or the Trustee to the others is duly given if in writing and delivered in Person or mailed by registered or certified mail (return receipt requested), telecopier or overnight air courier guaranteeing next day delivery, to the other’s address: If to the Company or any Subsidiary GuarantorPartnership: Xxxx Centre Enbridge Energy Partners, L.P. 0000 Xxxx XxxxxxXxxxxxxxx, 00xx Xxxxx Xxxxxxxxxxxx0000 Xxxxxxx, XX 00000 Xxxxx 00000-0000 Attention: Chief Financial Officer Corporate Secretary Telecopy: 000-000-0000 If to the Trustee: [ ] U.S. Bank National Association 0000 Xxxx Xxxxxxxxx Xxxxxx, XX Two Xxxxxxx Xxxxx, Xxxxx 0000 Xxxxxxx, Xxxxxxx 00000 Attention: Corporate Trust Department The Company, any Subsidiary Guarantor Partnership or the Trustee by notice to the others may designate additional or different addresses for subsequent notices or communications. All notices and communications shall be deemed to have been duly given: at the time delivered by hand, if personally delivered; five Business Days after being deposited in the mail, postage prepaid, if mailed; on the first Business Day on or after being sent, if telecopied and the sender receives confirmation of successful transmission; and the next Business Day after timely delivery to the courier, if sent by overnight air courier guaranteeing next day delivery. Any notice required or permitted to a Holder by the Company, any Subsidiary Guarantor Partnership or the Trustee pursuant to the provisions of this Indenture shall be deemed to be properly mailed by being deposited postage prepaid in a post office letter box in the United States addressed to such Holder at the address of such Holder as shown on the Debt Security Register. Any report pursuant to Section 313 of the TIA shall be transmitted in compliance with subsection (c) therein. Notwithstanding the foregoing, any notice to Holders of Floating Rate Securities regarding the determination of a periodic rate of interest, if such notice is required pursuant to Section 2.03, shall be sufficiently given if given in the manner specified pursuant to Section 2.03. In the event of suspension of regular mail service or by reason of any other cause it shall be impracticable to give notice by mail, then such notification as shall be given with the approval of the Trustee shall constitute sufficient notice for every purpose hereunder. In the event it shall be impracticable to give notice by publication, then such notification as shall be given with the approval of the Trustee shall constitute sufficient notice for every purpose hereunder. Failure to mail a notice or communication to a Holder or any defect in it or any defect in any notice by publication as to a Holder shall not affect the sufficiency of such notice with respect to other Holders. If a notice or communication is mailed or published in the manner provided above, it is conclusively presumed duly given.

Appears in 2 contracts

Samples: Indenture (Enbridge Energy Partners Lp), Enbridge Energy Partners Lp

Required Notices or Demands. Any notice or communication by the Company, the Subsidiary Guarantors Partnership or the Trustee to the others other is duly given if in writing (in the English language) and delivered in Person or mailed by registered or certified mail (return receipt requested), telecopier or overnight air courier guaranteeing next day delivery, to the other’s address: If to the Company or any Subsidiary GuarantorPartnership: Xxxx Centre Spectra Energy Partners, LP 0000 Xxxx XxxxxxXxxxxxxxxx Xxxxx Houston, 00xx Xxxxx Xxxxxxxxxxxx, XX 00000 Texas 77056 Attention: Chief Financial Officer Telecopy No. (000) 000-0000 If to the Trustee: [ ] Xxxxx Fargo Bank, National Association 0000 Xxxx Xxxxxx, 2nd Floor Dallas, Texas 75202-2812 Attention: Corporate Trust Services Telecopy No.: (000) 000-0000 The Company, any Subsidiary Guarantor Partnership or the Trustee by notice to the others may designate additional or different addresses for subsequent notices or communications. All notices and communications shall be deemed to have been duly given: at the time delivered by hand, if personally delivered; five Business Days after being deposited in the mail, postage prepaid, if mailed; on the first Business Day on or after being sent, if telecopied and the sender receives confirmation of successful transmission; and the next Business Day after timely delivery to the courier, if sent by overnight air courier guaranteeing next day delivery. Any notice required or permitted to a Holder by the Company, any Subsidiary Guarantor Partnership or the Trustee pursuant to the provisions of this Indenture shall be deemed to be properly mailed by being deposited postage prepaid in a post office letter box in the United States addressed to such Holder at the address of such Holder as shown on the Debt Security Register. Any report pursuant to Section 313 of the TIA shall be transmitted in compliance with subsection (c) therein. Notwithstanding the foregoing, any notice to Holders of Floating Rate Debt Securities regarding the determination of a periodic rate of interest, if such notice is required pursuant to Section 2.03, shall be sufficiently given if given in the manner specified pursuant to Section 2.03. In the event of suspension of regular mail service or by reason of any other cause it shall be impracticable to give notice by mail, then such notification as shall be given with the approval of the Trustee shall constitute sufficient notice for every purpose hereunder. In the event it shall be impracticable to give notice by publication, then such notification as shall be given with the approval of the Trustee shall constitute sufficient notice for every purpose hereunder. Failure to mail a notice or communication to a Holder or any defect in it or any defect in any notice by publication as to a Holder shall not affect the sufficiency of such notice with respect to other Holders. If a notice or communication is mailed or published in the manner provided above, it is conclusively presumed duly given.

Appears in 2 contracts

Samples: Indenture (Spectra Energy Partners, LP), Indenture (Spectra Energy Partners, LP)

Required Notices or Demands. Any notice or communication by the Company, the Subsidiary Guarantors Company or the Trustee to the others other is duly given if in writing and delivered in Person or mailed delivered by registered or certified mail (return receipt requested), telecopier facsimile or overnight air courier guaranteeing next day delivery, to the other’s address: If to the Company or any Subsidiary Guarantor: Xxxx Centre Company; Midland States Bancorp, Inc. 0000 Xxxx XxxxxxXxxxxxx Xxxxxx Xxxxx Xxxxxxxxx, 00xx Xxxxx Xxxxxxxxxxxx, XX Xxxxxxxx 00000 Attention: Xxxxxxx X. Xxxxxx Chief Financial Executive Officer Facsimile: (000) 000-0000 If to the Trustee: [ ] UMB Bank National Association 0000 Xxx Xxxxxx, Suite 870 Houston, Texas 77056 Attention: Xxxxx X. Xxxxx Facsimile No.: 000-000-0000 The Company, any Subsidiary Guarantor Company or the Trustee by notice to the others other may designate additional or different addresses for subsequent notices or communications. All notices and communications shall will be deemed to have been duly given: at the time delivered by hand, if personally delivered; five Business Days after being deposited in the mail, postage prepaid, if maileddelivered by mail; on the first Business Day on or after being sent, if telecopied sent by facsimile and the sender receives confirmation of successful transmission; and the next Business Day after timely delivery to the courier, if sent by overnight air courier guaranteeing next day delivery. Any notice required or permitted to be given to a Holder by the Company, any Subsidiary Guarantor or the Trustee pursuant to under the provisions of this Indenture shall will be deemed to be properly mailed delivered by being deposited postage prepaid in a post office letter box in the United States addressed to such Holder at the address of such Holder as shown on the Debt Security Subordinated Note Register. Any report pursuant to in accordance with Section 313 of the TIA shall Trust Indenture Act will be transmitted in compliance with subsection (c) therein. Notwithstanding If the foregoingCompany delivers a notice or communication to Holders, the Company will deliver a copy to the Trustee at the same time. In any case where notice to Holders of Floating Rate Securities regarding Subordinated Notes is delivered by mail, neither the determination failure to deliver such notice, nor any defect in any notice so delivered, to any particular Holder of a periodic rate Subordinated Note will affect the sufficiency of interest, if such notice with respect to other Holders of Subordinated Notes. Any notice that is required pursuant to Section 2.03, shall be sufficiently given if given delivered in the manner specified pursuant herein provided will be conclusively presumed to Section 2.03have been duly given or provided. In the event case by reason of the suspension of regular mail service or by reason of any other cause it shall will be impracticable to give such notice by mail, then such notification as shall will be given made with the approval of the Trustee shall will constitute a sufficient notice notification for every purpose hereunder. In Where this Indenture provides for notice in any manner, such notice may be waived in writing by the event it shall Person entitled to receive such notice, either before or after the event, and such waiver will be impracticable to give the equivalent of such notice. Waivers of notice by publication, then such notification as shall Holders of Subordinated Notes will be given filed with the approval Trustee, but such filing will not be a condition precedent to the validity of any action taken in reliance upon such waiver. Notwithstanding any other provision herein, where this Indenture provides for notice to any Holder of a Global Subordinated Note, or of an interest therein, such notice will be sufficiently given if given to the Trustee shall constitute sufficient notice Depositary for every purpose hereunder. Failure such Global Subordinated Note (or its designee) according to mail a notice or communication to a Holder or any defect in it or any defect in any notice by publication as to a Holder shall not affect the sufficiency Applicable Procedures of such notice with respect to other Holders. If a notice or communication is mailed or published in the manner provided above, it is conclusively presumed duly givenDepositary prescribed for giving such notice.

Appears in 2 contracts

Samples: Indenture (Midland States Bancorp, Inc.), Indenture (Midland States Bancorp, Inc.)

Required Notices or Demands. Any notice or communication by the CompanyIssuer, the Subsidiary Guarantors Guarantor or the Trustee to the others is duly given if in writing in the English language and delivered in Person or mailed by registered or certified mail (return receipt requested), telecopier ) or overnight air courier guaranteeing next day delivery, to the other’s address: If to the Company Issuer or any Subsidiary the Guarantor: Xxxx Centre 0000 Xxxx XxxxxxMPLX Operations LLC c/o MPLX GP LLC 000 X. Xxxxxx Street Findlay, 00xx Xxxxx Xxxxxxxxxxxx, XX 00000 OH 45840 Attention: Chief Financial Officer Vice President, General Counsel and Secretary If to the Trustee: [ ] The CompanyBank of New York Mellon, any Subsidiary N.A. 000 Xxxxxx Xxxxxx The Chase Center Houston, TX 77002 Attn: Corporate Trust Department – Corporate Finance Unit The Issuer, the Guarantor or the Trustee by notice to the others may designate additional or different addresses for subsequent notices or communications. All notices and communications shall be deemed to have been duly given: at the time delivered by hand, if personally delivered; five Business Days after being deposited in the mail, postage prepaid, if mailed; on the first Business Day on or after being sent, if telecopied and the sender receives confirmation of successful transmission; and the next Business Day after timely delivery to the courier, if sent by overnight air courier guaranteeing next day delivery, except in the case of notices or communications given to the Trustee, which shall be effective only upon actual receipt by the Trustee at its Corporate Trust Office. Any notice required or permitted to a Holder by the CompanyIssuer, any Subsidiary the Guarantor or the Trustee pursuant to the provisions of this Indenture shall be deemed to be properly mailed by being deposited postage prepaid in a post office letter box in the United States addressed to such Holder at the address of such Holder as shown on the Debt Security Register. Any report pursuant to Section 313 of the TIA shall be transmitted in compliance with subsection (c) therein. Notwithstanding the foregoing, any notice to Holders of Floating Rate Securities regarding the determination of a periodic rate of interest, if such notice is required pursuant to Section 2.03, shall be sufficiently given if given in the manner specified pursuant to Section 2.03. In the event of suspension of regular mail service or by reason of any other cause it shall be impracticable to give notice by mail, then such notification as shall be given with the approval of the Trustee shall constitute sufficient notice for every purpose hereunder. In the event it shall be impracticable to give notice by publication, then such notification as shall be given with the approval of the Trustee shall constitute sufficient notice for every purpose hereunder. Failure to mail a notice or communication to a Holder or any defect in it or any defect in any notice by publication as to a Holder shall not affect the sufficiency of such notice with respect to other Holders. If a notice or communication is mailed or published in the manner provided above, it is conclusively presumed duly given. The Trustee shall have the right, but shall not be required, to rely upon and comply with notices, instructions, directions or other communications sent by e-mail, facsimile and other similar unsecured electronic methods by persons believed by the Trustee to be authorized to give instructions and directions on behalf of the Issuer. The Trustee shall have no duty or obligation to verify or confirm that the person who sent such instructions or directions is, in fact, a person authorized to give instructions or directions on behalf of the Issuer; and the Trustee shall have no liability for any losses, liabilities, costs or expenses incurred or sustained by the Issuer as a result of such reliance upon or compliance with such notices, instructions, directions or other communications. The Issuer agrees to assume all risks arising out of the use of such electronic methods to submit notices, instructions, directions or other communications to the Trustee, including without limitation the risk of the Trustee acting on unauthorized instructions, and the risk of interception and misuse by third parties. The Issuer shall use all reasonable endeavors to ensure that any such notices, instructions, directions or other communications transmitted to the Trustee pursuant to this Indenture are complete and correct. Any such notices, instructions, directions or other communications shall be conclusively deemed to be valid instructions from the Issuer to the Trustee for the purposes of this Indenture.

Appears in 2 contracts

Samples: MPLX Operations LLC, MPLX Operations LLC

Required Notices or Demands. Any notice or communication by the Company, the Subsidiary Guarantors or the Trustee to the others is duly given if in writing and delivered in Person or mailed by registered or certified mail (return receipt requested), telecopier or overnight air courier guaranteeing next day delivery, to the other’s address: If to the Company or any Subsidiary Guarantor: Xxxx Centre Rayonier Inc. 0000 Xxxx XxxxxxXxxxxxxxxx Xxxxxxxxx Xxxxxxxxxxxx, 00xx XX 00000 Attn: Chief Financial Officer Telephone No.: (000) 000-0000 If to the Trustee: The Bank of New York Mellon Trust Company, N.A. 00000 Xxxxxxxxx Xxxxxxx, 0xx Xxxxx Xxxxxxxxxxxx, XX 00000 AttentionAttn: Chief Financial Officer If to the TrusteeCorporate Trust Department Telephone No.: [ ] (000) 000-0000 The Company, any Subsidiary Guarantor or the Trustee by notice to the others may designate additional or different addresses for subsequent notices or communications. All notices and communications shall be deemed to have been duly given: at the time delivered by hand, if personally delivered; five Business Days after being deposited in the mail, postage prepaid, if mailed; on the first Business Day on or after being sent, if telecopied and the sender receives confirmation of successful transmission; and the next Business Day after timely delivery to the courier, if sent by overnight air courier guaranteeing next day delivery. Any notice required or permitted to a Holder by the Company, any Subsidiary Guarantor or the Trustee pursuant to the provisions of this Indenture shall be deemed to be properly mailed by being deposited postage prepaid in a post office letter box in the United States addressed to such Holder at the address of such Holder as shown on the Debt Security Register. Any report pursuant to Section 313 of the TIA shall be transmitted in compliance with subsection (c) therein. Notwithstanding the foregoing, any notice to Holders of Floating Rate Securities regarding the determination of a periodic rate of interest, if such notice is required pursuant to Section 2.032.3, shall be sufficiently given if given in the manner specified pursuant to Section 2.032.3. In the event of suspension of regular mail service or by reason of any other cause it shall be impracticable to give notice by mail, then such notification as shall be given with the approval of the Trustee shall constitute sufficient notice for every purpose hereunder. In the event it shall be impracticable to give notice by publication, then such notification as shall be given with the approval of the Trustee shall constitute sufficient notice for every purpose hereunder. Failure to mail a notice or communication to a Holder or any defect in it or any defect in any notice by publication as to a Holder shall not affect the sufficiency of such notice with respect to other Holders. If a notice or communication is mailed or published in the manner provided above, it is conclusively presumed duly given.

Appears in 1 contract

Samples: Rayonier Inc

Required Notices or Demands. Any notice or communication by the CompanyPartnership, the Subsidiary Guarantors or the Trustee to the others is duly given if in writing (in the English language) and delivered in Person or mailed by registered or certified mail (return receipt requested), telecopier or overnight air courier guaranteeing next day delivery, to the other’s 's address: If to the Company Partnership or any Subsidiary Guarantor: Xxxx Centre Enbridge Energy Partners, L.P. 0000 Xxxx XxxxxxXxxxxxxxx, 00xx Xxxxx Xxxxxxxxxxxx0000 Xxxxxxx, XX 00000 Xxxxx 00000-5217 Attention: Chief Financial Officer General Counsel Telecopy No. 000-000-0000 If to the Trustee: [ ] SunTrust Bank 00 Xxxx Xxxxx X.X., 00xx Xxxxx Xxxxxxx, Xxxxxxx 00000-2900 Attention: Corporate Trust Department Telecopy No. (000) 000-0000 The CompanyPartnership, any Subsidiary Guarantor or the Trustee by notice to the others may designate additional or different addresses for subsequent notices or communications. All notices and communications shall be deemed to have been duly given: at the time delivered by hand, if personally delivered; five Business Days after being deposited in the mail, postage prepaid, if mailed; on the first Business Day on or after being sent, if telecopied and the sender receives confirmation of successful transmission; and the next Business Day after timely delivery to the courier, if sent by overnight air courier guaranteeing next day delivery. Any notice required or permitted to a Holder by the CompanyPartnership, any Subsidiary Guarantor or the Trustee pursuant to the provisions of this Indenture shall be deemed to be properly mailed by being deposited postage prepaid in a post office letter box in the United States addressed to such Holder at the address of such Holder as shown on the Debt Security Register. Any report pursuant to Section 313 of the TIA shall be transmitted in compliance with subsection (c) therein. Notwithstanding the foregoing, any notice to Holders of Floating Rate Securities regarding the determination of a periodic rate of interest, if such notice is required pursuant to Section 2.03, shall be sufficiently given if given in the manner specified pursuant to Section 2.03. In the event of suspension of regular mail service or by reason of any other cause it shall be impracticable to give notice by mail, then such notification as shall be given with the approval of the Trustee shall constitute sufficient notice for every purpose hereunder. In the event it shall be impracticable to give notice by publication, then such notification as shall be given with the approval of the Trustee shall constitute sufficient notice for every purpose hereunder. Failure to mail a notice or communication to a Holder or any defect in it or any defect in any notice by publication as to a Holder shall not affect the sufficiency of such notice with respect to other Holders. If a notice or communication is mailed or published in the manner provided above, it is conclusively presumed duly given.

Appears in 1 contract

Samples: Indenture (Enbridge Energy Partners Lp)

Required Notices or Demands. Any notice or communication by the Company, the Subsidiary Guarantors Guarantor or the Trustee to the others is duly given if in writing and delivered in Person or mailed by registered or certified mail (return receipt requested), telex, telecopier or overnight air courier guaranteeing next day delivery, to the other’s address: If to the Company or any Subsidiary GuarantorCompany: Xxxx Centre Xxxxxx Resources, Inc. 0000 Xxxx Xxxxxx, Xxxxxx xx xxx Xxxxxxxx 00xx Xxxxx XxxxxxxxxxxxXxx Xxxx, XX 00000 Attention: Chief Financial Officer General Counsel If to the Guarantor: Xxxxxx Resources of California, Inc. 000 Xxxxxxxxx, Xxxxx 000 Xxxx Xxxxx, XX 00000 Attention: President If to the Trustee: [ ] The Bank of New York Mellon Trust Company N.A. Corporate Trust Xxxxxx 000 Xxxxxxx Xxxx Place, 38th Floor Pittsburgh, PA 15259 Attention: Corporate Trust Administration The Company, any Subsidiary the Guarantor or the Trustee by notice to the others other may designate additional or different addresses for subsequent notices or communications. All notices and communications shall be deemed to have been duly given: at the time delivered by hand, if personally delivered; five Business Days after being deposited in the mail, postage prepaid, if mailed; when answered back, if telexed; on the first Business Day on or after being sent, if telecopied and the sender receives confirmation of successful transmission; and the next Business Day after timely delivery to the courier, if sent by overnight air courier guaranteeing next day delivery. The Trustee agrees to accept and act upon instructions or directions pursuant to this Indenture sent by unsecured e-mail, pdf, facsimile transmission or other similar unsecured electronic methods, provided, however, that the Trustee shall have received an incumbency certificate listing persons designated to give such instructions or directions and containing specimen signatures of such designated persons, which such incumbency certificate shall be amended and replaced whenever a person is to be added or deleted from the listing. If the Company elects to give the Trustee e-mail or facsimile instructions (or instructions by a similar electronic method) and the Trustee in its discretion elects to act upon such instructions, the Trustee’s understanding of such instructions shall be deemed controlling. The Trustee shall not be liable for any losses, costs or expenses arising directly or indirectly from the Trustee’s reliance upon and compliance with such instructions notwithstanding such instructions conflict or are inconsistent with a subsequent written instruction. The Company agrees to assume all risks arising out of the use of such electronic methods to submit instructions and directions to the Trustee, including without limitation the risk of the Trustee acting on unauthorized instructions, and the risk or interception and misuse by third parties. Any notice required or permitted to a Registered Holder by the Company, any Subsidiary Guarantor or the Trustee pursuant to the provisions of this Indenture shall be deemed to be properly mailed by being deposited postage prepaid in a post office letter box in the United States addressed to such Holder at the address of such Holder as 77 shown on the Debt Security Register. Any report pursuant to Section 313 of the TIA shall be transmitted in compliance with subsection (c) therein. Any notice required or permitted to a Bearer Holder pursuant to this Indenture shall be deemed to be properly given if published on two separate business days in an Authorized Newspaper or Newspapers in such Place or Places of Payment specified pursuant to Section 2.06, the first such publication to be not earlier than the earliest date and not later than two business days prior to the latest date prescribed for the giving of such notice. Notwithstanding the foregoing, any notice to Holders of Floating Rate Debt Securities regarding the determination of a periodic rate of interest, if such notice is required pursuant to Section 2.032.06, shall be sufficiently given if given in the manner specified pursuant to Section 2.032.06. In the event of suspension of regular mail service or by reason of any other cause it shall be impracticable to give notice by mail, then such notification as shall be given with the approval of the Trustee shall constitute sufficient notice for every purpose hereunder. In the event of suspension of publication of any Authorized Newspaper or by reason of any other cause it shall be impracticable to give notice by publication, then such notification as shall be given with the approval of the Trustee shall constitute sufficient notice for every purpose hereunder. Failure to mail a notice or communication to a Holder or any defect in it or any defect in any notice by publication as to a Holder shall not affect the sufficiency of such notice with respect to other Holders. If a notice or communication is mailed or published in the manner provided above, it is conclusively presumed duly given.

Appears in 1 contract

Samples: Warren Resources (Warren Resources of California Inc)

Required Notices or Demands. Any notice or communication by the Company, the Subsidiary Guarantors Guarantor or the Trustee to the others is duly given if in writing and delivered in Person or mailed by registered or certified mail (return receipt requested), telex, telecopier or overnight air courier guaranteeing next day delivery, to the other’s address: If to the Company or any Subsidiary GuarantorCompany: Xxxx Centre 0000 Xxxx XxxxxxXxxxxx Resources, Inc. 000 Xxxxx Xxxxxx 00xx Xxxxx XxxxxxxxxxxxXxx Xxxx, XX 00000 Attention: Chief Financial Officer General Counsel If to the Guarantor: Xxxxxx Resources of California, Inc. 000 Xxxx Xxxxx Xxxx., Xxxxx 0000 Xxxx Xxxxx, XX 00000 Attention: President If to the Trustee: The Bank of New York Corporate Trust Office [ ] [ ] Attention: Corporate Trust Administration The Company, any Subsidiary the Guarantor or the Trustee by notice to the others other may designate additional or different addresses for subsequent notices or communications. All notices and communications shall be deemed to have been duly given: at the time delivered by hand, if personally delivered; five Business Days after being deposited in the mail, postage prepaid, if mailed; when answered back, if telexed; on the first Business Day on or after being sent, if telecopied and the sender receives confirmation of successful transmission; and the next Business Day after timely delivery to the courier, if sent by overnight air courier guaranteeing next day delivery. Any notice required or permitted to a Registered Holder by the Company, any Subsidiary Guarantor or the Trustee pursuant to the provisions of this Indenture shall be deemed to be properly mailed by being deposited postage prepaid in a post office letter box in the United States addressed to such Holder at the address of such Holder as 77 shown on the Debt Security Register. Any report pursuant to Section 313 of the TIA shall be transmitted in compliance with subsection (c) therein. Any notice required or permitted to a Bearer Holder pursuant to this Indenture shall be deemed to be properly given if published on two separate business days in an Authorized Newspaper or Newspapers in such Place or Places of Payment specified pursuant to Section 2.06, the first such publication to be not earlier than the earliest date and not later than two business days prior to the latest date prescribed for the giving of such notice. Notwithstanding the foregoing, any notice to Holders of Floating Rate Debt Securities regarding the determination of a periodic rate of interest, if such notice is required pursuant to Section 2.032.06, shall be sufficiently given if given in the manner specified pursuant to Section 2.032.06. In the event of suspension of regular mail service or by reason of any other cause it shall be impracticable to give notice by mail, then such notification as shall be given with the approval of the Trustee shall constitute sufficient notice for every purpose hereunder. In the event of suspension of publication of any Authorized Newspaper or by reason of any other cause it shall be impracticable to give notice by publication, then such notification as shall be given with the approval of the Trustee shall constitute sufficient notice for every purpose hereunder. Failure to mail a notice or communication to a Holder or any defect in it or any defect in any notice by publication as to a Holder shall not affect the sufficiency of such notice with respect to other Holders. If a notice or communication is mailed or published in the manner provided above, it is conclusively presumed duly given.

Appears in 1 contract

Samples: Warren Resources (Warren Resources of California Inc)

Required Notices or Demands. Any notice or communication by the Company, the Subsidiary Guarantors or the Trustee to the others is duly given if in writing (in the English language) and delivered in Person or mailed by registered or certified mail (return receipt requested), telecopier or overnight air courier guaranteeing next day delivery, to the other’s address: If to the Company or any Subsidiary Guarantorof the Guarantors: Xxxx Centre c/o Natural Resource Partners L.P. 000 Xxxxxxxxx, Xxxxx 0000 Xxxx XxxxxxXxxxxxx, 00xx Xxxxx Xxxxxxxxxxxx, XX 00000 Attention: Chief Financial Officer General Counsel Telecopy No. (000) 000-0000 If to the Trustee: [ ] The Company, any Subsidiary Guarantor the Guarantors or the Trustee by notice to the others may designate additional or different addresses for subsequent notices or communications. All notices and communications shall be deemed to have been duly given: at the time delivered by hand, if personally delivered; five Business Days after being deposited in the mail, postage prepaid, if mailed; on the first Business Day on or after being sent, if telecopied and the sender receives confirmation of successful transmission; and the next Business Day after timely delivery to the courier, if sent by overnight air courier guaranteeing next day delivery. Any notice required or permitted to a Holder by the Company, any Subsidiary Guarantor the Guarantors or the Trustee pursuant to the provisions of this Indenture shall be deemed to be properly mailed by being deposited postage prepaid in a post office letter box in the United States addressed to such Holder at the address of such Holder as shown on the Debt Security Register. Any report pursuant to Section 313 of the TIA shall be transmitted in compliance with subsection (c) therein. Notwithstanding the foregoing, any notice to Holders of Floating Rate Debt Securities regarding the determination of a periodic rate of interest, if such notice is required pursuant to Section 2.03, shall be sufficiently given if given in the manner specified pursuant to Section 2.03. In the event of suspension of regular mail service or by reason of any other cause it shall be impracticable to give notice by mail, then such notification as shall be given with the approval of the Trustee shall constitute sufficient notice for every purpose hereunder. In the event it shall be impracticable to give notice by publication, then such notification as shall be given with the approval of the Trustee shall constitute sufficient notice for every purpose hereunder. Failure to mail a notice or communication to a Holder or any defect in it or any defect in any notice by publication as to a Holder shall not affect the sufficiency of such notice with respect to other Holders. If a notice or communication is mailed or published in the manner provided above, it is conclusively presumed duly given.

Appears in 1 contract

Samples: Independence Land Co LLC

Required Notices or Demands. Any notice or communication by the CompanyPartnership, the Subsidiary Guarantors or the Trustee to the others is duly given if in writing and delivered in Person or mailed by registered or certified mail (return receipt requested), telecopier or overnight air courier guaranteeing next day delivery, to the other’s address: If to the Company Partnership or any the Subsidiary GuarantorGuarantors: Xxxx Centre 0000 Xxxx TEPPCO Partners, L.P. TE Products Pipeline Company, Limited Partnership TCTM, L.P. TEPPCO Midstream Companies, L.P. Val Verde Gas Gathering Company, L.P. 1000 Xxxxxxxxx Xxxxxx, 00xx Xxxxx Xxxxxxxxxxxx0000 Xxxxxxx, XX Xxxxx 00000 Attention: Chief Financial Officer Telecopy No. 700-000-0000 If to the Trustee: [ ] The Bank of New York Trust Company, any N.A. 600 Xxxxxx Xxxxxx, 18th Floor Houston, Texas 77002 Attn: Corporate Debt Telecopy: 700-000-0000 The Partnership, the Subsidiary Guarantor Guarantors or the Trustee by notice to the others may designate additional or different addresses for subsequent notices or communications. All notices and communications shall be deemed to have been duly given: at the time delivered by hand, if personally delivered; five Business Days after being deposited in the mail, postage prepaid, if mailed; on the first Business Day on or after being sent, if telecopied and the sender receives confirmation of successful transmission; and the next Business Day after timely delivery to the courier, if sent by overnight air courier guaranteeing next day delivery. Any notice required or permitted to a Holder by the CompanyPartnership, any the Subsidiary Guarantor Guarantors or the Trustee pursuant to the provisions of this Indenture shall be deemed to be properly mailed by being deposited postage prepaid in a post office letter box in the United States addressed to such Holder at the address of such Holder as shown on the Debt Security Register. Any report pursuant to Section 313 of the TIA shall be transmitted in compliance with subsection (c) therein. Notwithstanding the foregoing, any notice to Holders of Floating Rate Debt Securities regarding the determination of a periodic rate of interest, if such notice is required pursuant to Section 2.03, shall be sufficiently given if given in the manner specified pursuant to Section 2.03. In the event of suspension of regular mail service or by reason of any other cause it shall be impracticable to give notice by mail, then such notification as shall be given with the approval of the Trustee shall constitute sufficient notice for every purpose hereunder. In the event it shall be impracticable to give notice by publication, then such notification as shall be given with the approval of the Trustee shall constitute sufficient notice for every purpose hereunder. Failure to mail a notice or communication to a Holder or any defect in it or any defect in any notice by publication as to a Holder shall not affect the sufficiency of such notice with respect to other Holders. If a notice or communication is mailed or published in the manner provided above, it is conclusively presumed duly given.

Appears in 1 contract

Samples: Val Verde Gas Gathering Co Lp

Required Notices or Demands. Any notice or communication by the Company, the Subsidiary Guarantors Company or the Trustee to the others other is duly given if in writing and delivered in Person or mailed delivered by registered or certified mail (return receipt requested), telecopier facsimile or overnight air courier guaranteeing next day delivery, to the other’s address: If to the Company or any Subsidiary Guarantor: Xxxx Centre 0000 Xxxx Company; ConnectOne Bancorp, Inc. 000 Xxxxxx Xxxxxx Xxxxxxxxx Xxxxxx, 00xx Xxxxx Xxxxxxxxxxxx, XX Xxx Xxxxxx 00000 Attention: Xxxxx Xxxxxxxxxx III, Chief Financial Executive Officer Facsimile: (000) 000-0000 With a copy (which shall not constitute notice to): Xxxxxxx Xxxx 000 Xxxxxx Xxxxxx Plaza Sixth Floor New Brunswick, New Jersey 08901 Attention: Xxxxxx X. Xxxxxxxx, Esq. Facsimile: (000) 000-0000 If to the Trustee: [ ] U.S. Bank National Association, as Trustee Corporate Trust Services 00 Xxxxx Xxxxxx Xxxxxxxxxx, Xxx Xxxxxx 00000 Attention: Xxxxxxxxx Xxxxx Facsimile: (000) 000-0000 The Company, any Subsidiary Guarantor Company or the Trustee by notice to the others other may designate additional or different addresses for subsequent notices or communications. All notices and communications shall will be deemed to have been duly given: at the time delivered by hand, if personally delivered; five Business Days after being deposited in the mail, postage prepaid, if maileddelivered by mail; on the first Business Day on or after being sent, if telecopied sent by facsimile and the sender receives confirmation of successful transmission; and the next Business Day after timely delivery to the courier, if sent by overnight air courier guaranteeing next day delivery. Any notice required or permitted to be given to a Holder by the Company, any Subsidiary Guarantor or the Trustee pursuant to under the provisions of this Indenture shall will be deemed to be properly mailed delivered by being deposited postage prepaid in a post office letter box in the United States addressed to such Holder at the address of such Holder as shown on the Debt Security Subordinated Note Register. Any report pursuant to in accordance with Section 313 of the TIA shall Trust Indenture Act will be transmitted in compliance with subsection (c) therein. Notwithstanding If the foregoingCompany delivers a notice or communication to Holders, the Company will deliver a copy to the Trustee at the same time. In any case where notice to Holders of Floating Rate Securities regarding Subordinated Notes is delivered by mail, neither the determination failure to deliver such notice, nor any defect in any notice so delivered, to any particular Holder of a periodic rate Subordinated Note will affect the sufficiency of interest, if such notice with respect to other Holders of Subordinated Notes. Any notice that is required pursuant to Section 2.03, shall be sufficiently given if given delivered in the manner specified pursuant herein provided will be conclusively presumed to Section 2.03have been duly given or provided. In the event case by reason of the suspension of regular mail service or by reason of any other cause it shall will be impracticable to give such notice by mail, then such notification as shall will be given made with the approval of the Trustee shall will constitute a sufficient notice notification for every purpose hereunder. In Where this Indenture provides for notice in any manner, such notice may be waived in writing by the event it shall Person entitled to receive such notice, either before or after the event, and such waiver will be impracticable to give the equivalent of such notice. Waivers of notice by publication, then such notification as shall Holders of Subordinated Notes will be given filed with the approval Trustee, but such filing will not be a condition precedent to the validity of any action taken in reliance upon such waiver. Notwithstanding any other provision herein, where this Indenture provides for notice to any Holder of a Global Subordinated Note, or of an interest therein, such notice will be sufficiently given if given to the Trustee shall constitute sufficient notice Depositary for every purpose hereunder. Failure such Global Subordinated Note (or its designee) according to mail a notice or communication to a Holder or any defect in it or any defect in any notice by publication as to a Holder shall not affect the sufficiency applicable procedures of such notice with respect to other Holders. If a notice or communication is mailed or published in the manner provided above, it is conclusively presumed duly givenDepositary prescribed for giving such notice.

Appears in 1 contract

Samples: ConnectOne Bancorp, Inc.

Required Notices or Demands. Any notice or communication by the CompanyPartnership, the Subsidiary Guarantors or the Trustee to the others is duly given if in writing (in the English language) and delivered in Person or mailed by registered or certified mail (return receipt requested), telecopier or overnight air courier guaranteeing next day delivery, to the other’s 's address: If to the Company Partnership, the Guarantor or any the Subsidiary GuarantorGuarantors: Xxxx Centre 0000 Xxxx XxxxxxPacific Energy Partners, 00xx Xxxxx Xxxxxxxxxxxx, XX 00000 L.P. Pacific Energy Group LLC Pacific Marketing and Transportation LLC Rocky Mountain Pipeline System LLC Anschutz Ranch East Pipeline LLC Ranch Pipeline LLC Attention: Chief Financial Officer Telecopy No. (000) 000-0000 If to the Trustee: [ ] The CompanyPartnership, any the Subsidiary Guarantor Guarantors or the Trustee by notice to the others may designate additional or different addresses for subsequent notices or communications. All notices and communications shall be deemed to have been duly given: at the time delivered by hand, if personally delivered; five Business Days after being deposited in the mail, postage prepaid, if mailed; on the first Business Day on or after being sent, if telecopied and the sender receives confirmation of successful transmission; and the next Business Day after timely delivery to the courier, if sent by overnight air courier guaranteeing next day delivery. Any notice required or permitted to a Holder by the CompanyPartnership, any the Subsidiary Guarantor Guarantors or the Trustee pursuant to the provisions of this Indenture shall be deemed to be properly mailed by being deposited postage prepaid in a post office letter box in the United States addressed to such Holder at the address of such Holder as shown on the Debt Security Register. Any report pursuant to Section 313 of the TIA shall be transmitted in compliance with subsection (c) therein. Notwithstanding the foregoing, any notice to Holders of Floating Rate Debt Securities regarding the determination of a periodic rate of interest, if such notice is required pursuant to Section 2.03, shall be sufficiently given if given in the manner specified pursuant to Section 2.03. In the event of suspension of regular mail service or by reason of any other cause it shall be impracticable to give notice by mail, then such notification as shall be given with the approval of the Trustee shall constitute sufficient notice for every purpose hereunder. In the event it shall be impracticable to give notice by publication, then such notification as shall be given with the approval of the Trustee shall constitute sufficient notice for every purpose hereunder. Failure to mail a notice or communication to a Holder or any defect in it or any defect in any notice by publication as to a Holder shall not affect the sufficiency of such notice with respect to other Holders. If a notice or communication is mailed or published in the manner provided above, it is conclusively presumed duly given.

Appears in 1 contract

Samples: Indenture (Pacific Energy Group LLC)

Required Notices or Demands. Any notice or communication by the Company, the Subsidiary Guarantors Company or the Trustee to the others other is duly given if in writing and delivered in Person or mailed delivered by registered or certified mail (return receipt requested), telecopier facsimile, email or overnight air courier guaranteeing next day delivery, to the other’s address: If to the Company or any Subsidiary Guarantor: Xxxx Centre 0000 Xxxx XxxxxxCompany; BCB Bancorp, 00xx Xxxxx XxxxxxxxxxxxInc. 000 Xxxxxx X Bayonne, XX 00000 New Jersey 07002 Attention: Xxxxxxx X. Xxxxxxx President and Chief Financial Executive Officer Email: xxxxxxxx@xxx.xxxx If to the Trustee: [ ] UMB Bank, National Association, as Trustee 0000 Xxx Xxxxxx, Suite 870 Houston, Texas 77056 Attention: Xxxxx Xxxxx Email: xxxxx.xxxxx@xxx.xxx The Company, any Subsidiary Guarantor Company or the Trustee by notice to the others other may designate additional or different addresses for subsequent notices or communications. All notices and communications shall will be deemed to have been duly given: at the time delivered by hand, if personally delivered; five Business Days after being deposited in the mail, postage prepaid, if maileddelivered by mail; on the first Business Day on or after being sent, if telecopied sent by facsimile and the sender receives confirmation of successful transmission; upon confirmation of transmittal (but excluding any automatic reply to such email), if sent by email; and the next Business Day after timely delivery to the courier, if sent by overnight air courier guaranteeing next day delivery. Any notice required or permitted to be given to a Holder by the Company, any Subsidiary Guarantor or the Trustee pursuant to under the provisions of this Indenture shall will be deemed to be properly mailed delivered by being deposited postage prepaid in a post office letter box in the United States addressed to such Holder at the address of such Holder as shown on the Debt Security RegisterSubordinated Note Register or by delivery electronically through the Applicable Procedures of the Depositary. Any report pursuant to in accordance with Section 313 of the TIA shall Trust Indenture Act will be transmitted in compliance with subsection (c) therein. Notwithstanding If the foregoingCompany delivers a notice or communication to Holders, the Company will deliver a copy to the Trustee at the same time. In any case where notice to Holders of Floating Rate Securities regarding Subordinated Notes is delivered by mail, neither the determination failure to deliver such notice, nor any defect in any notice so delivered, to any particular Holder of a periodic rate Subordinated Note will affect the sufficiency of interest, if such notice with respect to other Holders of Subordinated Notes. Any notice that is required pursuant to Section 2.03, shall be sufficiently given if given delivered in the manner specified pursuant herein provided will be conclusively presumed to Section 2.03have been duly given or provided. In the event case by reason of the suspension of regular mail service or by reason of any other cause it shall will be impracticable to give such notice by mail, then such notification as shall will be given made with the approval of the Trustee shall will constitute a sufficient notice notification for every purpose hereunder. In Where this Indenture provides for notice in any manner, such notice may be waived in writing by the event it shall Person entitled to receive such notice, either before or after the event, and such waiver will be impracticable to give the equivalent of such notice. Waivers of notice by publication, then such notification as shall Holders of Subordinated Notes will be given filed with the approval Trustee, but such filing will not be a condition precedent to the validity of any action taken in reliance upon such waiver. Notwithstanding any other provision herein, where this Indenture provides for notice to any Holder of a Global Subordinated Note, or of an interest therein, such notice will be sufficiently given if given to the Trustee shall constitute sufficient notice Depositary for every purpose hereunder. Failure such Global Subordinated Note (or its designee) according to mail a notice or communication to a Holder or any defect in it or any defect in any notice by publication as to a Holder shall not affect the sufficiency Applicable Procedures of such notice with respect to other Holders. If a notice or communication is mailed or published in the manner provided above, it is conclusively presumed duly givenDepositary prescribed for giving such notice.

Appears in 1 contract

Samples: BCB Bancorp Inc

Required Notices or Demands. Any notice or communication by the CompanyPartnership, the Subsidiary Guarantors or the Trustee to the others is duly given if in writing and delivered in Person or mailed by registered or certified mail (return receipt requested), telecopier or overnight air courier guaranteeing next day delivery, to the other’s 's address: If to the Company Partnership or any the Subsidiary GuarantorGuarantors: Xxxx Centre 0000 Xxxx XxxxxxWilliams Energy Partners L.P. Williams GP Inc. Willixxx XXX, 00xx L.P. Wixxxxxx Xxxxxxxxxxx (XX) LLC Wilxxxxx XXL, LLC Xxxxxxxx Xxxelines Holdings, L.P. Xxxxxxxx Terminals Holdings, X.X. Williams Ammoxxx Xxxxxxxx, X.X. Williams Fractixxxxxxx Xxxxxxxx, X.X. Attentiox: Xxxxx Xxxxxxxxxxxx, XX 00000 Attention: Chief Financial Officer Xxxxxxxxx Xxxicer Telecopy No. 918-573-3005 If to the Trustee: [ ] -------------------- The CompanyPartnership, any the Subsidiary Guarantor Guarantors or the Trustee by notice to the others may designate additional or different addresses for subsequent notices or communications. All notices and communications shall be deemed to have been duly given: at the time delivered by hand, if personally delivered; five Business Days after being deposited in the mail, postage prepaid, if mailed; on the first Business Day on or after being sent, if telecopied and the sender receives confirmation of successful transmission; and the next Business Day after timely delivery to the courier, if sent by overnight air courier guaranteeing next day delivery. Any notice required or permitted to a Holder by the CompanyPartnership, any the Subsidiary Guarantor Guarantors or the Trustee pursuant to the provisions of this Indenture shall be deemed to be properly mailed by being deposited postage prepaid in a post office letter box in the United States addressed to such Holder at the address of such Holder as shown on the Debt Security Register. Any report pursuant to Section 313 of the TIA shall be transmitted in compliance with subsection (c) therein. Notwithstanding the foregoing, any notice to Holders of Floating Rate Debt Securities regarding the determination of a periodic rate of interest, if such notice is required pursuant to Section 2.03, shall be sufficiently given if given in the manner specified pursuant to Section 2.03. In the event of suspension of regular mail service or by reason of any other cause it shall be impracticable to give notice by mail, then such notification as shall be given with the approval of the Trustee shall constitute sufficient notice for every purpose hereunder. In the event it shall be impracticable to give notice by publication, then such notification as shall be given with the approval of the Trustee shall constitute sufficient notice for every purpose hereunder. Failure to mail a notice or communication to a Holder or any defect in it or any defect in any notice by publication as to a Holder shall not affect the sufficiency of such notice with respect to other Holders. If a notice or communication is mailed or published in the manner provided above, it is conclusively presumed duly given.to

Appears in 1 contract

Samples: Williams Energy Partners L P

Required Notices or Demands. Any notice or communication by the CompanyIssuers, the Subsidiary Guarantors or the Trustee to the others is duly given if in writing in the English language and delivered in Person or mailed by registered or certified mail (return receipt requested), telecopier or overnight air courier guaranteeing next day delivery, to the other’s address: If to the Company Issuers or any Subsidiary Guarantor: Xxxx Centre 0000 Xxxx XxxxxxExterran Partners, 00xx L.P. 00000 Xxxxxxxxxx Xxxxx XxxxxxxxxxxxXxxxxxx, XX Xxxxx 00000 Attention: Chief Financial Officer Telecopy No. If to the Trustee: [ ] The CompanyIssuers, any Subsidiary Guarantor or the Trustee by notice to the others may designate additional or different addresses for subsequent notices or communications. All notices and communications shall be deemed to have been duly given: at the time delivered by hand, if personally delivered; five Business Days after being deposited in the mail, postage prepaid, if mailed; on the first Business Day on or after being sent, if telecopied and the sender receives confirmation of successful transmission; and the next Business Day after timely delivery to the courier, if sent by overnight air courier guaranteeing next day delivery. Any notice required or permitted to a Holder by the CompanyIssuers, any Subsidiary Guarantor or the Trustee pursuant to the provisions of this Indenture shall be deemed to be properly mailed by being deposited postage prepaid in a post office letter box in the United States addressed to such Holder at the address of such Holder as shown on the Debt Security Register. Any report pursuant to Section 313 of the TIA shall be transmitted in compliance with subsection (c) therein. Notwithstanding the foregoing, any notice to Holders of Floating Rate Securities regarding the determination of a periodic rate of interest, if such notice is required pursuant to Section 2.03, shall be sufficiently given if given in the manner specified pursuant to Section 2.03. In the event of suspension of regular mail service or by reason of any other cause it shall be impracticable to give notice by mail, then such notification as shall be given with the approval of the Trustee shall constitute sufficient notice for every purpose hereunder. In the event it shall be impracticable to give notice by publication, then such notification as shall be given with the approval of the Trustee shall constitute sufficient notice for every purpose hereunder. Failure to mail a notice or communication to a Holder or any defect in it or any defect in any notice by publication as to a Holder shall not affect the sufficiency of such notice with respect to other Holders. If a notice or communication is mailed or published in the manner provided above, it is conclusively presumed duly given.

Appears in 1 contract

Samples: Indenture (EXLP Leasing LLC)

Required Notices or Demands. Any Except as otherwise expressly provided in this Indenture, any notice or communication demand which by any provision of this Indenture is required or permitted to be given or served by the Company, Trustee or by the Subsidiary Guarantors Holders to or the Trustee to the others is duly given if in writing and delivered in Person or mailed by registered or certified mail (return receipt requested), telecopier or overnight air courier guaranteeing next day delivery, to the other’s address: If to on the Company may be given or any Subsidiary Guarantorserved by being deposited postage prepaid in a post office letter box in the United States addressed (until another address is filed by the Company with the Trustee) as follows: Xxxx Centre 0000 Xxxx Range Resources Corporation, 500 Xxxxxxxxxxxx Xxxxxx, 00xx Xxxxx XxxxxxxxxxxxFort Worth, XX 00000 Texas 76102, Attention: Chief Financial Officer If Officer. Except as otherwise expressly provided in this Indenture, any notice, direction, request or demand by the Company or by any Holder to or upon the Trustee may be given or made, for all purposes, by being deposited postage prepaid in a post office letter box in the United States addressed to the Trusteecorporate trust office of the Trustee initially at ___________________________; Attention: [ ] Corporate Trust Trustee Administration. The Company, any Subsidiary Guarantor Company or the Trustee by notice to the others other may designate additional or different addresses for subsequent notices or communications. All notices and communications shall be deemed to have been duly given: at the time delivered by hand, if personally delivered; five Business Days after being deposited in the mail, postage prepaid, if mailed; on the first Business Day on or after being sent, if telecopied and the sender receives confirmation of successful transmission; and the next Business Day after timely delivery to the courier, if sent by overnight air courier guaranteeing next day delivery. Any notice required or permitted to a Registered Holder by the Company, any Subsidiary Guarantor Company or the Trustee pursuant to the provisions of this Indenture shall be deemed to be properly mailed by being deposited postage prepaid in a post office letter box in the United States addressed to such Holder at the address of such Holder as shown on the Debt Security Register. Any report pursuant to Section 313 of the TIA Trust Indenture Act shall be transmitted in compliance with subsection (c) therein. Any notice required or permitted to a Bearer Holder by the Company or the Trustee pursuant to this Indenture shall be deemed to be properly given if published on two separate business days in an Authorized Newspaper or Newspapers in such Place or Places of Payment specified pursuant to Section 2.03, the first such publication to be not earlier than the earliest date and not later than two business days prior to the latest date prescribed for the giving of such notice. Notwithstanding the foregoing, any notice to Holders of Floating Rate Debt Securities regarding the determination of a periodic rate of interest, if such notice is required pursuant to Section 2.03, shall be sufficiently given if given in the manner specified pursuant to Section 2.03. In the event of suspension of regular mail service or by reason of any other cause it shall be impracticable to give notice by mail, then such notification as shall be given with the approval of the Trustee shall constitute sufficient notice for every purpose hereunder. In the event of suspension of publication of any Authorized Newspaper or by reason of any other cause it shall be impracticable to give notice by publication, then such notification as shall be given with the approval of the Trustee shall constitute sufficient notice for every purpose hereunder. Failure to mail a notice or communication to a Holder or any defect in it or any defect in any notice by publication as to a Holder shall not affect the sufficiency of such notice with respect to other Holders. If a notice or communication is mailed or published in the manner provided above, it is conclusively presumed duly given.

Appears in 1 contract

Samples: Indenture Tia (Range Resources Corp)

Required Notices or Demands. Any notice or communication demand which by any provision of this Indenture is required or permitted to be given or served by the CompanyTrustee or by the Holders to or on the Company may, except as otherwise provided in Section 5.1(d), be given or served by being deposited postage prepaid in a post office letter box in the Subsidiary Guarantors United States addressed (until another address is filed by the Company with the Trustee), as follows: Carnival Corporation, 3655 N.W. 00xx Xxxxxx, Xxxxx, Xxxxxxx 00000-0000, Attention: Treasurer. Any notice or demand which by any provision of this Indenture is required or permitted to be given or served by the Trustee or by the Holders to or on the others Guarantor may be given or served by being deposited postage prepaid in a post office letter box in the United States addressed (until another address is duly given if in writing and delivered in Person or mailed filed by registered or certified mail (return receipt requestedthe Guarantor with the Trustee), telecopier as follows: Carnival plc, Carnival House, 5 Gainsford House, London, SE1 2 NE, United Kingdom, Attention: Treasurer. Any notice, direction, request or overnight air courier guaranteeing next day delivery, to the other’s address: If to demand by the Company or by any Subsidiary Guarantor: Xxxx Centre 0000 Xxxx XxxxxxHolder to or upon the Trustee may be given or made, 00xx Xxxxx Xxxxxxxxxxxxfor all purposes, XX 00000 Attention: Chief Financial Officer If by being deposited postage prepaid in a post office letter box in the United States addressed to the Corporate Trust Office of the Trustee: [ ] The Company, any Subsidiary Guarantor or the Trustee by notice to the others may designate additional or different addresses for subsequent notices or communications. All notices and communications shall be deemed to have been duly given: at the time delivered by hand, if personally delivered; five Business Days after being deposited in the mail, postage prepaid, if mailed; on the first Business Day on or after being sent, if telecopied and the sender receives confirmation of successful transmission; and the next Business Day after timely delivery to the courier, if sent by overnight air courier guaranteeing next day delivery. Any notice required or permitted to be mailed to a Holder by the Company, any Subsidiary Guarantor Company or the Trustee pursuant to the provisions of this Indenture shall be deemed to be properly mailed by being deposited postage prepaid in a post office letter box in the United States addressed to such Holder at the address of such Holder as shown on the Debt Security Register. Any report pursuant to Section 313 of the TIA shall be transmitted in compliance with subsection (c) therein. Notwithstanding the foregoingIn any case, any where notice to Holders of Floating Rate Securities regarding the determination of a periodic rate of interest, if such notice is required pursuant to Section 2.03, shall be sufficiently given if given in the manner specified pursuant to Section 2.03. In the event of suspension of regular mail service or by reason of any other cause it shall be impracticable to give notice by mail, then such notification as shall be given with neither the approval of the Trustee shall constitute sufficient notice for every purpose hereunder. In the event it shall be impracticable to give notice by publication, then such notification as shall be given with the approval of the Trustee shall constitute sufficient notice for every purpose hereunder. Failure failure to mail a notice or communication to a Holder or any defect in it or such notice, nor any defect in any notice by publication as so mailed, to a any particular Holder shall not affect the sufficiency of such notice with respect to other Holders. If 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 Holders shall be filed with the Trustee, but such filing shall not be a notice condition precedent to the validity of any action taken in reliance upon such waiver. In case, by reason of the suspension of or communication is mailed or published irregularities in the manner provided aboveregular mail service, it shall be impractical to mail notice of any event to Holders when such notice is conclusively presumed duly givenrequired to be given pursuant to any provision of this Indenture, 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

Samples: Indenture (Carnival Corp)

Required Notices or Demands. Any notice or communication by the Company, the Subsidiary Guarantors Company or the Trustee to the others other is duly given if in writing and delivered in Person or mailed delivered by registered or certified mail (return receipt requested), telecopier facsimile, email or overnight air courier guaranteeing next day delivery, to the other’s address: If to the Company or any Subsidiary Guarantor: Xxxx Centre 0000 Xxxx XxxxxxCompany; Southern States Bancshares, 00xx Xxxxx XxxxxxxxxxxxInc. 000 Xxxxxxxx Xxx. Xxxxxxxx, XX 00000 AttentionAttn: Chief Financial Officer Xxxx Xxxxx Email: [Intentionally omitted.] Office: [Intentionally omitted.] Fax: [Intentionally omitted.] If to the Trustee: [ UMB Bank, N.A. 0000 Xxx Xxxxxx, Suite 870 Houston, Texas 77056 Attn: Xxxxx Xxxxx, Senior Vice President Email: [Intentionally omitted.] Office: [Intentionally omitted.] Fax: [Intentionally omitted.] The Company, any Subsidiary Guarantor Company or the Trustee by notice to the others other may designate additional or different addresses for subsequent notices or communications. All notices and communications shall will be deemed to have been duly given: at the time delivered by hand, if personally delivered; five Business Days after being deposited in the mail, postage prepaid, if maileddelivered by mail; on the first Business Day on or after being sent, if telecopied sent by facsimile and the sender receives confirmation of successful transmission; upon confirmation of transmittal (but excluding any automatic reply to such email), if sent by email; and the next Business Day after timely delivery to the courier, if sent by overnight air courier guaranteeing next day delivery. Any notice required or permitted to be given to a Holder by or electronically through the Company, any Subsidiary Guarantor or Applicable Procedures of the Trustee pursuant to Depositary under the provisions of this Indenture shall will be deemed to be properly mailed delivered by being deposited postage prepaid in a post office letter box in the United States addressed to such Holder at the address of such Holder as shown on the Debt Security Subordinated Note Register. Any report pursuant to in accordance with Section 313 of the TIA shall Trust Indenture Act will be transmitted in compliance with subsection (c) therein. Notwithstanding If the foregoingCompany delivers a notice or communication to Holders, the Company will deliver a copy to the Trustee at the same time. In any case where notice to Holders of Floating Rate Securities regarding Subordinated Notes is delivered by mail, neither the determination failure to deliver such notice, nor any defect in any notice so delivered, to any particular Holder of a periodic rate Subordinated Note will affect the sufficiency of interest, if such notice with respect to other Holders of Subordinated Notes. Any notice that is required pursuant to Section 2.03, shall be sufficiently given if given delivered in the manner specified pursuant herein provided will be conclusively presumed to Section 2.03have been duly given or provided. In the event case by reason of the suspension of regular mail service or by reason of any other cause it shall will be impracticable to give such notice by mail, then such notification as shall will be given made with the approval of the Trustee shall will constitute a sufficient notice notification for every purpose hereunder. In Where this Indenture provides for notice in any manner, such notice may be waived in writing by the event it shall Person entitled to receive such notice, either before or after the event, and such waiver will be impracticable to give the equivalent of such notice. Waivers of notice by publication, then such notification as shall Holders of Subordinated Notes will be given filed with the approval Trustee, but such filing will not be a condition precedent to the validity of any action taken in reliance upon such waiver. Notwithstanding any other provision herein, where this Indenture provides for notice to any Holder of a Global Subordinated Note, or of an interest therein, such notice will be sufficiently given if given to the Trustee shall constitute sufficient notice Depositary for every purpose hereunder. Failure such Global Subordinated Note (or its designee) according to mail a notice or communication to a Holder or any defect in it or any defect in any notice by publication as to a Holder shall not affect the sufficiency Applicable Procedures of such notice with respect to other Holders. If a notice or communication is mailed or published in the manner provided above, it is conclusively presumed duly givenDepositary prescribed for giving such notice.

Appears in 1 contract

Samples: Southern States Bancshares, Inc.

Required Notices or Demands. Any notice or communication by the CompanyPartnership, the Subsidiary Guarantors or the Trustee to the others is duly given if in writing and delivered in Person or mailed by registered or certified mail (return receipt requested), telecopier or overnight air courier guaranteeing next day delivery, to the other’s address: If to the Company Partnership or any Subsidiary Guarantor: Xxxx Centre 0000 Xxxx XxxxxxMagellan Midstream Partners, 00xx Xxxxx XxxxxxxxxxxxL.P. Xxx Xxxxxxxx Xxxxxx Tulsa, XX 00000 Oklahoma 74172 Attention: Chief Financial Officer Telecopy No. 000-000-0000 If to the Trustee: [ ] U.S. Bank National Association 0000 X. Xxxxxxxxx Xxxxxx XX Xxxxx 0000 Xxxxxxx, Xxxxxxx 00000 Attention: Xxxxxx Xxxxx Telecopy No. 000-000-0000 The CompanyPartnership, any Subsidiary Guarantor or the Trustee by notice to the others may designate additional or different addresses for subsequent notices or communications. All notices and communications shall be deemed to have been duly given: at the time delivered by hand, if personally delivered; five Business Days after being deposited in the mail, postage prepaid, if mailed; on the first Business Day on or after being sent, if telecopied and the sender receives confirmation of successful transmission; and the next Business Day after timely delivery to the courier, if sent by overnight air courier guaranteeing next day delivery. Any notice required or permitted to a Holder by the CompanyPartnership, any Subsidiary Guarantor or the Trustee pursuant to the provisions of this Indenture shall be deemed to be properly mailed by being deposited postage prepaid in a post office letter box in the United States addressed to such Holder at the address of such Holder as shown on the Debt Security Register. Any report pursuant to Section 313 of the TIA shall be transmitted in compliance with subsection (c) therein. Notwithstanding the foregoing, any notice to Holders of Floating Rate Securities regarding the determination of a periodic rate of interest, if such notice is required pursuant to Section 2.03, shall be sufficiently given if given in the manner specified pursuant to Section 2.03. In the event of suspension of regular mail service or by reason of any other cause it shall be impracticable to give notice by mail, then such notification as shall be given with the approval of the Trustee shall constitute sufficient notice for every purpose hereunder. In the event it shall be impracticable to give notice by publication, then such notification as shall be given with the approval of the Trustee shall constitute sufficient notice for every purpose hereunder. Failure to mail a notice or communication to a Holder or any defect in it or any defect in any notice by publication as to a Holder shall not affect the sufficiency of such notice with respect to other Holders. If a notice or communication is mailed or published in the manner provided above, it is conclusively presumed duly given.

Appears in 1 contract

Samples: Indenture (Magellan Midstream Partners Lp)

Required Notices or Demands. Any Except as otherwise expressly provided in this Indenture, any notice or communication demand which by any provision of this Indenture is required or permitted to be given or served by the Company, Trustee or by the Subsidiary Guarantors Holders to or the Trustee to the others is duly given if in writing and delivered in Person or mailed by registered or certified mail (return receipt requested), telecopier or overnight air courier guaranteeing next day delivery, to the other’s address: If to on the Company or any Subsidiary GuarantorBFC may be given or served by being deposited postage prepaid in a post office letter box in the United States addressed (until another address is filed by the Company or BFC with the Trustee) as follows: Xxxx Centre Block Financial Corporation, 0000 Xxxx Xxxxxx, 00xx Xxxxx Xxxxxxxxxxxx000, XX 00000 Xxxxxx Xxxx, Xxxxxxxx 00000, Attention: Chief Financial Officer If Xxxx X. Xxx. Except as otherwise expressly provided in this Indenture, any notice, direction, request or demand by the Company or by any Holder to or upon the Trustee may be given or made, for all purposes, by being deposited, postage prepaid, in a post office letter box in the United States addressed to the Trustee: [ ] corporate trust office of the Trustee initially at Bankers Trust Company, Four Xxxxxx Xxxxxx, 0xx Xxxxx, Xxx Xxxx, Xxx Xxxx 00000. The Company, any Subsidiary Guarantor BFC or the Trustee by notice to the others other may designate additional or different addresses for subsequent notices or communications. All notices and communications shall be deemed to have been duly given: at the time delivered by hand, if personally delivered; five Business Days after being deposited in the mail, postage prepaid, if mailed; on the first Business Day on or after being sent, if telecopied and the sender receives confirmation of successful transmission; and the next Business Day after timely delivery to the courier, if sent by overnight air courier guaranteeing next day delivery. Any notice required or permitted to a Registered Holder by the Company, any Subsidiary Guarantor BFC or the Trustee pursuant to the provisions of this Indenture shall be deemed to be properly mailed by being deposited postage prepaid in a post office letter box in the United States addressed to such Holder at the address of such Holder as shown on the Debt Security Register. Any report pursuant to Section 313 of the TIA Trust Indenture Act shall be transmitted in compliance with subsection (c) therein. Notwithstanding the foregoing, any notice to Holders of Floating Rate Securities regarding the determination of a periodic rate of interest, if such notice is required pursuant to Section 2.03, shall be sufficiently given if given in the manner specified pursuant to Section 2.03. In the event of suspension of regular mail service or by reason of any other cause it shall be impracticable to give notice by mail, then such notification as shall be given with the approval of the Trustee shall constitute sufficient notice for every purpose hereunderthereunder. In the event of suspension of publication of any Authorized Newspaper or by reason of any other cause it shall be impracticable to give notice by publication, then such notification as shall be given with the approval of the Trustee shall constitute sufficient notice for every purpose hereunder. Failure to mail a notice or communication to a Holder or any defect in it or any defect in any notice by publication as to a Holder shall not affect the sufficiency of such notice with respect to other Holders. If a notice or communication is mailed or published in the manner provided above, it is conclusively presumed duly given.

Appears in 1 contract

Samples: H&r Block Inc

Required Notices or Demands. Any Except as otherwise expressly provided in this Indenture, any notice or communication demand which by any provision of this Indenture is required or permitted to be given or served by the CompanyTrustee or by the Holders to or on the Company may be given or served by facsimile, or by overnight courier or by being deposited postage prepaid in a post office letter box in the Subsidiary Guarantors United States, in each case addressed (until another address is filed by the Company with the Trustee) as follows: -57- American Home Mortgage Investment Corp. 520 Broadhollow Road Melville, New York 11747 Xxx: (000) 000-0000 Xxxxxxxxx: Alan B. Horn, Esq., Secrxxxxx xxx Xxxxral Counsel Except as otherwise expressly provided in this Indenture, any notice, direction, request or the Trustee to the others is duly given if in writing and delivered in Person or mailed demand by registered or certified mail (return receipt requested), telecopier or overnight air courier guaranteeing next day delivery, to the other’s address: If to the Company or by any Subsidiary GuarantorHolder to or upon the Trustee may be given or made, for all purposes, by facsimile, or by overnight courier or by being deposited, postage prepaid, in a post office letter box in the United States, in each case addressed to: Xxxx Centre Deutsche Bank Trust Company Americas 60 Wall Street, 27th Floor New York, New York 10000 Xxx: (000) 000-0000 Xxxx Xxxxxx, 00xx Xxxxx Xxxxxxxxxxxx, XX 00000 AttentionXxxxxxxxx: Chief Financial Officer If to the Trustee: [ ] Corporate Trust and Agenxx Xxxxxxxx The Company, any Subsidiary Guarantor Company or the Trustee by notice to the others other may designate additional or different addresses for subsequent notices or communications. All notices and communications shall be deemed to have been duly given: at the time delivered by hand, if personally delivered; five Business Days after being deposited in the mail, postage prepaid, if mailed; on the first Business Day on or after being sent, if telecopied and the sender receives confirmation of successful transmission; and the next Business Day after timely delivery to the courier, if sent by overnight air courier guaranteeing next day delivery. Any notice required or permitted to a Registered Holder by the Company, any Subsidiary Guarantor Company or the Trustee pursuant to the provisions of this Indenture shall be deemed to be properly mailed by being deposited postage prepaid in a post office letter box in the United States addressed to such Holder at the address of such Holder as shown on the Debt Security Register. Any report pursuant to Section 313 of the TIA Trust Indenture Act shall be transmitted in compliance with subsection (c) therein. Notwithstanding the foregoing, any notice to Holders of Floating Rate Securities regarding the determination of a periodic rate of interest, if such notice is required pursuant to Section 2.03, shall be sufficiently given if given in the manner specified pursuant to Section 2.03. In the event of suspension of regular mail service publication of any Authorized Newspaper or by reason of any other cause it shall be impracticable to give notice by mail, then such notification as shall be given with the approval of the Trustee shall constitute sufficient notice for every purpose hereunder. In the event it shall be impracticable to give notice by publication, then such notification as shall be given with the approval of the Trustee shall constitute sufficient notice for every purpose hereunder. Failure to mail a notice or communication to a Holder or any defect in it or any defect in any notice by publication as to a Holder shall not affect the sufficiency of such notice with respect to other Holders. If a notice or communication is mailed or published in the manner provided above, it is conclusively presumed duly given.

Appears in 1 contract

Samples: American Home Mortgage Investment Corp

Required Notices or Demands. Any notice or communication by the Company, the Subsidiary Guarantors Company or the Trustee to the others other is duly given if in writing and delivered in Person or mailed delivered by registered or certified mail (return receipt requested), telecopier facsimile or overnight air courier guaranteeing next day delivery, to the other’s address: If to the Company or any Subsidiary Guarantor: Xxxx Centre 0000 Xxxx XxxxxxCompany; Malvern Bancorp, 00xx Xxxxx XxxxxxxxxxxxInc. 40 X. Xxxxxxxxx Avenue Paoli, XX 00000 Pennsylvania 19301 Attention: Axxxxxx X. Xxxxxxx, President and Chief Financial Executive Officer Facsimile: 600-000-0000 If to the Trustee: [ ] U.S. Bank National Association, as Trustee 20 Xxxxx Xxxxxx, 0xx Xxxxx Xxxxxxxxxx, Xxx Xxxxxx 00000 Attention: Rxxx Xxxxxx, Vice President Facsimile: (000) 000-0000 The Company, any Subsidiary Guarantor Company or the Trustee by notice to the others other may designate additional or different addresses for subsequent notices or communications. All notices and communications shall will be deemed to have been duly given: at the time delivered by hand, if personally delivered; five Business Days after being deposited in the mail, postage prepaid, if maileddelivered by mail; on the first Business Day on or after being sent, if telecopied sent by facsimile and the sender receives confirmation of successful transmission; and the next Business Day after timely delivery to the courier, if sent by overnight air courier guaranteeing next day delivery. Any notice required or permitted to be given to a Holder by the Company, any Subsidiary Guarantor or the Trustee pursuant to under the provisions of this Indenture shall will be deemed to be properly mailed delivered by being deposited postage prepaid in a post office letter box in the United States addressed to such Holder at the address of such Holder as shown on the Debt Security Subordinated Note Register. Any report pursuant to in accordance with Section 313 of the TIA shall Trust Indenture Act will be transmitted in compliance with subsection (c) therein. Notwithstanding If the foregoingCompany delivers a notice or communication to Holders, the Company will deliver a copy to the Trustee at the same time. In any case where notice to Holders of Floating Rate Securities regarding Subordinated Notes is delivered by mail, neither the determination failure to deliver such notice, nor any defect in any notice so delivered, to any particular Holder of a periodic rate Subordinated Note will affect the sufficiency of interest, if such notice with respect to other Holders of Subordinated Notes. Any notice that is required pursuant to Section 2.03, shall be sufficiently given if given delivered in the manner specified pursuant herein provided will be conclusively presumed to Section 2.03have been duly given or provided. In the event case by reason of the suspension of regular mail service or by reason of any other cause it shall will be impracticable to give such notice by mail, then such notification as shall will be given made with the approval of the Trustee shall will constitute a sufficient notice notification for every purpose hereunder. In Where this Indenture provides for notice in any manner, such notice may be waived in writing by the event it shall Person entitled to receive such notice, either before or after the event, and such waiver will be impracticable to give the equivalent of such notice. Waivers of notice by publication, then such notification as shall Holders of Subordinated Notes will be given filed with the approval Trustee, but such filing will not be a condition precedent to the validity of any action taken in reliance upon such waiver. Notwithstanding any other provision herein, where this Indenture provides for notice to any Holder of a Global Subordinated Note, or of an interest therein, such notice will be sufficiently given if given to the Trustee shall constitute sufficient notice Depositary for every purpose hereunder. Failure such Global Subordinated Note (or its designee) according to mail a notice or communication to a Holder or any defect in it or any defect in any notice by publication as to a Holder shall not affect the sufficiency applicable procedures of such notice with respect to other Holders. If a notice or communication is mailed or published in the manner provided above, it is conclusively presumed duly givenDepositary prescribed for giving such notice.

Appears in 1 contract

Samples: Indenture (Malvern Bancorp, Inc.)

Required Notices or Demands. Any notice or communication by the Company, the Subsidiary Guarantors or the Trustee to the others is duly given if in writing (in the English language) and delivered in Person or mailed by registered or certified mail (return receipt requested), telecopier or overnight air courier guaranteeing next day delivery, to the other’s 's address: If to the Company or any Subsidiary Guarantorof the Guarantors: Xxxx Centre 0000 Xxxx Xxxxxxc/o Natural Resource Partners L.P. 601 Jefferson, 00xx Xxxxx XxxxxxxxxxxxSuite 3600 Houston, XX 00000 Texas 77002 Attention: Chief Financial Officer Xxxxxxx Xxxxxxx Xxxxxxxx Xx. (000) 000-____ If to the Trustee: [ [____________________] The Company, any Subsidiary Guarantor the Guarantors or the Trustee by notice to the others may designate additional or different addresses for subsequent notices or communications. All notices and communications shall be deemed to have been duly given: at the time delivered by hand, if personally delivered; five Business Days after being deposited in the mail, postage prepaid, if mailed; on the first Business Day on or after being sent, if telecopied and the sender receives confirmation of successful transmission; and the next Business Day after timely delivery to the courier, if sent by overnight air courier guaranteeing next day delivery. Any notice required or permitted to a Holder by the Company, any Subsidiary Guarantor the Guarantors or the Trustee pursuant to the provisions of this Indenture shall be deemed to be properly mailed by being deposited postage prepaid in a post office letter box in the United States addressed to such Holder at the address of such Holder as shown on the Debt Security Register. Any report pursuant to Section 313 of the TIA shall be transmitted in compliance with subsection (c) therein. Notwithstanding the foregoing, any notice to Holders of Floating Rate Debt Securities regarding the determination of a periodic rate of interest, if such notice is required pursuant to Section 2.03, shall be sufficiently given if given in the manner specified pursuant to Section 2.03. In the event of suspension of regular mail service or by reason of any other cause it shall be impracticable to give notice by mail, then such notification as shall be given with the approval of the Trustee shall constitute sufficient notice for every purpose hereunder. In the event it shall be impracticable to give notice by publication, then such notification as shall be given with the approval of the Trustee shall constitute sufficient notice for every purpose hereunder. Failure to mail a notice or communication to a Holder or any defect in it or any defect in any notice by publication as to a Holder shall not affect the sufficiency of such notice with respect to other Holders. If a notice or communication is mailed or published in the manner provided above, it is conclusively presumed duly given.with

Appears in 1 contract

Samples: Indenture (Acin LLC)

Required Notices or Demands. Any notice or communication by the Company, the Subsidiary Guarantors or the Trustee to the others is duly given if in writing (in the English language) and delivered in Person or mailed by registered or certified mail (return receipt requested), telecopier or overnight air courier guaranteeing next day delivery, to the other’s 's address: If to the Company or any the Subsidiary GuarantorGuarantors: Xxxx Centre 0000 Xxxx Xxxxxx, 00xx Xxxxx Xxxxxxxxxxxx, XX 00000 [-------------------] Attention: Chief Financial Officer Telecopy No. 405-[___-____] If to the Trustee: [ The Bank of New York [--------------------] [--------------------] The Company, any the Subsidiary Guarantor Guarantors or the Trustee by notice to the others may designate additional or different addresses for subsequent notices or communications. All notices and communications shall be deemed to have been duly given: at the time delivered by hand, if personally delivered; five Business Days after being deposited in the mail, postage prepaid, if mailed; on the first Business Day on or after being sent, if telecopied and the sender receives confirmation of successful transmission; and the next Business Day after timely delivery to the courier, if sent by overnight air courier guaranteeing next day delivery. Any notice required or permitted to a Holder by the Company, any the Subsidiary Guarantor Guarantors or the Trustee pursuant to the provisions of this Indenture shall be deemed to be properly mailed by being deposited postage prepaid in a post office letter box in the United States addressed to such Holder at the address of such Holder as shown on the Debt Security Register. Any report pursuant to Section 313 of the TIA shall be transmitted in compliance with subsection (c) therein. Notwithstanding the foregoing, any notice to Holders of Floating Rate Debt Securities regarding the determination of a periodic rate of interest, if such notice is required pursuant to Section 2.03, shall be sufficiently given if given in the manner specified pursuant to Section 2.03. In the event of suspension of regular mail service or by reason of any other cause it shall be impracticable to give notice by mail, then such notification as shall be given with the approval of the Trustee shall constitute sufficient notice for every purpose hereunder. In the event it shall be impracticable to give notice by publication, then such notification as shall be given with the approval of the Trustee shall constitute sufficient notice for every purpose hereunder. Failure to mail a notice or communication to a Holder or any defect in it or any defect in any notice by publication as to a Holder shall not affect the sufficiency of such notice with respect to other Holders. If a notice or communication is mailed or published in the manner provided above, it is conclusively presumed duly given.

Appears in 1 contract

Samples: Chesapeake Orc LLC

Required Notices or Demands. Any notice or communication by the Company, the Subsidiary Guarantors Company or the Trustee to the others other is duly given if in writing and delivered in Person or mailed delivered by registered or certified mail (return receipt requested), telecopier facsimile or overnight air courier guaranteeing next day delivery, to the other’s address: If to the Company or any Subsidiary GuarantorCompany: Orrstown Financial Services, Inc. 00 Xxxx Centre 0000 Xxxx Xxxxxx, 00xx Xxxxx Xxxxxx P. O. Xxx 000 Xxxxxxxxxxxx, XX Xxxxxxxxxxxx 00000 Attention: Chief Financial Officer Facsimile: (000) 000-0000 If to the Trustee: [ ] U.S. Bank, National Association 0000 Xxxx Xxxx Xxxxxx, Suite 1850 Richmond, VA 23219 Facsimile: (000) 000-0000 Attention: Global Trust Services The Company, any Subsidiary Guarantor Company or the Trustee by notice to the others other may designate additional or different addresses for subsequent notices or communications. All notices and communications shall will be deemed to have been duly given: at the time delivered by hand, if personally delivered; five Business Days after being deposited in the mail, postage prepaid, if maileddelivered by mail; on the first Business Day on or after being sent, if telecopied sent by facsimile and the sender receives confirmation of successful transmission; and the next Business Day after timely delivery to the courier, if sent by overnight air courier guaranteeing next day delivery. Any notice required or permitted to be given to a Holder by the Company, any Subsidiary Guarantor or the Trustee pursuant to under the provisions of this Indenture shall will be deemed to be properly mailed delivered by being deposited postage prepaid in a post office letter box in the United States addressed to such Holder at the address of such Holder as shown on the Debt Security Subordinated Note Register. Any report pursuant to in accordance with Section 313 of the TIA shall Trust Indenture Act will be transmitted in compliance with subsection (c) therein. Notwithstanding If the foregoingCompany delivers a notice or communication to Holders, the Company will deliver a copy to the Trustee at the same time. In any case where notice to Holders of Floating Rate Securities regarding Subordinated Notes is delivered by mail, neither the determination failure to deliver such notice, nor any defect in any notice so delivered, to any particular Holder of a periodic rate Subordinated Note will affect the sufficiency of interest, if such notice with respect to other Holders of Subordinated Notes. Any notice that is required pursuant to Section 2.03, shall be sufficiently given if given delivered in the manner specified pursuant herein provided will be conclusively presumed to Section 2.03have been duly given or provided. In the event case by reason of the suspension of regular mail service or by reason of any other cause it shall will be impracticable to give such notice by mail, then such notification as shall will be given made with the approval of the Trustee shall will constitute a sufficient notice notification for every purpose hereunder. In Where this Indenture provides for notice in any manner, such notice may be waived in writing by the event it shall Person entitled to receive such notice, either before or after the event, and such waiver will be impracticable to give the equivalent of such notice. Waivers of notice by publication, then such notification as shall Holders of Subordinated Notes will be given filed with the approval Trustee, but such filing will not be a condition precedent to the validity of any action taken in reliance upon such waiver. Notwithstanding any other provision herein, where this Indenture provides for notice to any Holder of a Global Subordinated Note, or of an interest therein, such notice will be sufficiently given if given to the Trustee shall constitute sufficient notice Depositary for every purpose hereunder. Failure such Global Subordinated Note (or its designee) according to mail a notice or communication to a Holder or any defect in it or any defect in any notice by publication as to a Holder shall not affect the sufficiency applicable procedures of such notice with respect to other Holders. If a notice or communication is mailed or published in the manner provided above, it is conclusively presumed duly givenDepositary prescribed for giving such notice.

Appears in 1 contract

Samples: Indenture (Orrstown Financial Services Inc)

Required Notices or Demands. Any notice or communication by the CompanyPartnership, the Subsidiary Guarantors or the Trustee to the others is duly given if in writing (in the English language) and delivered in Person or mailed by registered or certified mail (return receipt requested), telecopier or overnight air courier guaranteeing next day delivery, to the other’s 's address: If to the Company Partnership or any of the Subsidiary GuarantorGuarantors: Xxxx Centre 0000 Xxxx XxxxxxNatural Resource Partners L.P. 601 Jefferson, 00xx Xxxxx XxxxxxxxxxxxSuite 3600 Houston, XX 00000 AttentionTexas 77002 Xxxxxxxxx: Chief Financial Officer Xxxxxxx Xxxxxxx Xxxxxxxx Xx. (000) 751-____ If to the Trustee: [ [--------------------] The CompanyPartnership, any the Subsidiary Guarantor Guarantors or the Trustee by notice to the others may designate additional or different addresses for subsequent notices or communications. All notices and communications shall be deemed to have been duly given: at the time delivered by hand, if personally delivered; five Business Days after being deposited in the mail, postage prepaid, if mailed; on the first Business Day on or after being sent, if telecopied and the sender receives confirmation of successful transmission; and the next Business Day after timely delivery to the courier, if sent by overnight air courier guaranteeing next day delivery. Any notice required or permitted to a Holder by the CompanyPartnership, any the Subsidiary Guarantor Guarantors or the Trustee pursuant to the provisions of this Indenture shall be deemed to be properly mailed by being deposited postage prepaid in a post office letter box in the United States addressed to such Holder at the address of such Holder as shown on the Debt Security Register. Any report pursuant to Section 313 of the TIA shall be transmitted in compliance with subsection (c) therein. Notwithstanding the foregoing, any notice to Holders of Floating Rate Debt Securities regarding the determination of a periodic rate of interest, if such notice is required pursuant to Section 2.03, shall be sufficiently given if given in the manner specified pursuant to Section 2.03. In the event of suspension of regular mail service or by reason of any other cause it shall be impracticable to give notice by mail, then such notification as shall be given with the approval of the Trustee shall constitute sufficient notice for every purpose hereunder. In the event it shall be impracticable to give notice by publication, then such notification as shall be given with the approval of the Trustee shall constitute sufficient notice for every purpose hereunder. Failure to mail a notice or communication to a Holder or any defect in it or any defect in any notice by publication as to a Holder shall not affect the sufficiency of such notice with respect to other Holders. If a notice or communication is mailed or published in the manner provided above, it is conclusively presumed duly given.with

Appears in 1 contract

Samples: Indenture (Acin LLC)

Required Notices or Demands. Any Except as otherwise expressly provided in this Indenture, any notice or communication demand which by any provision of this Indenture is required or permitted to be given or served by the Company, Trustee or by the Subsidiary Guarantors Holders to or the Trustee to the others is duly given if in writing and delivered in Person or mailed by registered or certified mail (return receipt requested), telecopier or overnight air courier guaranteeing next day delivery, to the other’s address: If to on the Company or any Subsidiary GuarantorBFC may be given or served by being deposited postage prepaid in a post office letter box in the United States addressed (until another address is filed by the Company or BFC with the Trustee) as follows: Xxxx Centre 0000 Block Financial Corporation, 4435 Xxxx Xxxxxx, 00xx Xxxxx Xxxxxxxxxxxx000, XX 00000 AttentionXxxxxx Xxxx, Xxxxxxxx 00000, Xxtention: Chief Financial Officer If John X. Xxx. Xxcept as otherwise expressly provided in this Indenture, any notice, direction, request or demand by the Company or by any Holder to or upon the Trustee may be given or made, for all purposes, by being deposited, postage prepaid, in a post office letter box in the United States addressed to the Trustee: [ ] The corporate trust office of the Trustee initially at Bankers Trust Company, any Subsidiary Guarantor Four Albaxx Xxxxxx, 0xx Xxxxx, Xxx Xxxx, Xxx Xxxx 00000. Xxe Company, BFC or the Trustee by notice to the others other may designate additional or different addresses for subsequent notices or communications. All notices and communications shall be deemed to have been duly given: at the time delivered by hand, if personally delivered; five Business Days after being deposited in the mail, postage prepaid, if mailed; on the first Business Day on or after being sent, if telecopied and the sender receives confirmation of successful transmission; and the next Business Day after timely delivery to the courier, if sent by overnight air courier guaranteeing next day delivery. Any notice required or permitted to a Registered Holder by the Company, any Subsidiary Guarantor BFC or the Trustee pursuant to the provisions of this Indenture shall be deemed to be properly mailed by being deposited postage prepaid in a post office letter box in the United States addressed to such Holder at the address of such Holder as shown on the Debt Security Register. Any report pursuant to Section 313 of the TIA Trust Indenture Act shall be transmitted in compliance with subsection (c) therein. Notwithstanding the foregoing, any notice to Holders of Floating Rate Securities regarding the determination of a periodic rate of interest, if such notice is required pursuant to Section 2.03, shall be sufficiently given if given in the manner specified pursuant to Section 2.03. In the event of suspension of regular mail service or by reason of any other cause it shall be impracticable to give notice by mail, then such notification as shall be given with the approval of the Trustee shall constitute sufficient notice for every purpose hereunderthereunder. In the event of suspension of publication of any Authorized Newspaper or by reason of any other cause it shall be impracticable to give notice by publication, then such notification as shall be given with the approval of the Trustee shall constitute sufficient notice for every purpose hereunder. Failure to mail a notice or communication to a Holder or any defect in it or any defect in any notice by publication as to a Holder shall not affect the sufficiency of such notice with respect to other Holders. If a notice or communication is mailed or published in the manner provided above, it is conclusively presumed duly given.

Appears in 1 contract

Samples: H&r Block Inc

Required Notices or Demands. Any notice or communication demand which by any provision of this Indenture is required or permitted to be given or served by the Company, Trustee or by the Subsidiary Guarantors Holders to or on the Trustee to Company may be given or served by being deposited postage prepaid in a post office letter box in the others United States addressed (until another address is duly given if in writing and delivered in Person or mailed filed by registered or certified mail (return receipt requestedthe Company with the Trustee), telecopier as follows: Affiliated Managers Group, Inc., 000 Xxxx Xxxxxx, Prides Crossing, MA 01965, Attention: Treasurer. Any notice, direction, request or overnight air courier guaranteeing next day delivery, to the other’s address: If to demand by the Company or by any Subsidiary Guarantor: Xxxx Centre 0000 Xxxx XxxxxxHolder to or upon the Trustee may be given or made, 00xx Xxxxx Xxxxxxxxxxxxfor all purposes, XX 00000 Attention: Chief Financial Officer If by being deposited postage prepaid in a post office letter box in the United States addressed to the Corporate Trust Office of the Trustee: [ ] The Company, any Subsidiary Guarantor or the Trustee by notice to the others may designate additional or different addresses for subsequent notices or communications. All notices and communications shall be deemed to have been duly given: at the time delivered by hand, if personally delivered; five Business Days after being deposited in the mail, postage prepaid, if mailed; on the first Business Day on or after being sent, if telecopied and the sender receives confirmation of successful transmission; and the next Business Day after timely delivery to the courier, if sent by overnight air courier guaranteeing next day delivery. Any notice required or permitted to be mailed to a Holder by the Company, any Subsidiary Guarantor Company or the Trustee pursuant to the provisions of this Indenture shall be deemed to be properly mailed by being deposited postage prepaid in a post office letter box in the United States addressed to such Holder at the address of such Holder as shown on the Debt Security Register. Any report pursuant to Section 313 of the TIA shall be transmitted in compliance with subsection (c) therein. Notwithstanding the foregoingIn any case, any where notice to Holders of Floating Rate Securities regarding the determination of a periodic rate of interest, if such notice is required pursuant to Section 2.03, shall be sufficiently given if given in the manner specified pursuant to Section 2.03. In the event of suspension of regular mail service or by reason of any other cause it shall be impracticable to give notice by mail, then such notification as shall be given with neither the approval of the Trustee shall constitute sufficient notice for every purpose hereunder. In the event it shall be impracticable to give notice by publication, then such notification as shall be given with the approval of the Trustee shall constitute sufficient notice for every purpose hereunder. Failure failure to mail a notice or communication to a Holder or any defect in it or such notice, nor any defect in any notice by publication as so mailed, to a any particular Holder shall not affect the sufficiency of such notice with respect to other Holders. If 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 Holders shall be filed with the Trustee, but such filing shall not be a notice condition precedent to the validity of any action taken in reliance upon such waiver. In case, by reason of the suspension of or communication is mailed or published irregularities in the manner provided aboveregular mail service, it shall be impractical to mail notice of any event to Holders when such notice is conclusively presumed duly givenrequired to be given pursuant to any provision of this Indenture, 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

Samples: Affiliated Managers Group Inc

Required Notices or Demands. Any notice or communication by the CompanyPartnership, the Subsidiary Guarantors or the Trustee to the others is duly given if in writing and delivered in Person or mailed by registered or certified mail (return receipt requested), telecopier or overnight air courier guaranteeing next day delivery, to the other’s address: If to the Company Partnership or any Subsidiary Guarantor: Xxxx Centre 0000 Xxxx XxxxxxMagellan Midstream Partners, 00xx Xxxxx XxxxxxxxxxxxL.P. Xxx Xxxxxxxx Xxxxxx Tulsa, XX 00000 Oklahoma 74172 Attention: Chief Financial Officer Telecopy No. 000-000-0000 If to the Trustee: [ ] U.S. Bank National Association 0000 X. Xxxxxxxxx Xxxxxx, Xxxxx 0000 Xxxxxxx, Xxxxxxx 00000 Telecopy No. 000-000-0000 The CompanyPartnership, any Subsidiary Guarantor or the Trustee by notice to the others may designate additional or different addresses for subsequent notices or communications. All notices and communications shall be deemed to have been duly given: at the time delivered by hand, if personally delivered; five Business Days after being deposited in the mail, postage prepaid, if mailed; on the first Business Day on or after being sent, if telecopied and the sender receives confirmation of successful transmission; and the next Business Day after timely delivery to the courier, if sent by overnight air courier guaranteeing next day delivery. Any notice required or permitted to a Holder by the CompanyPartnership, any Subsidiary Guarantor or the Trustee pursuant to the provisions of this Indenture shall be deemed to be properly mailed by being deposited postage prepaid in a post office letter box in the United States addressed to such Holder at the address of such Holder as shown on the Debt Security Register. Any report pursuant to Section 313 of the TIA shall be transmitted in compliance with subsection (c) therein. Notwithstanding the foregoing, any notice to Holders of Floating Rate Securities regarding the determination of a periodic rate of interest, if such notice is required pursuant to Section 2.03, shall be sufficiently given if given in the manner specified pursuant to Section 2.03. In the event of suspension of regular mail service or by reason of any other cause it shall be impracticable to give notice by mail, then such notification as shall be given with the approval of the Trustee shall constitute sufficient notice for every purpose hereunder. In the event it shall be impracticable to give notice by publication, then such notification as shall be given with the approval of the Trustee shall constitute sufficient notice for every purpose hereunder. Failure to mail a notice or communication to a Holder or any defect in it or any defect in any notice by publication as to a Holder shall not affect the sufficiency of such notice with respect to other Holders. If a notice or communication is mailed or published in the manner provided above, it is conclusively presumed duly given.

Appears in 1 contract

Samples: Indenture (Magellan Midstream Partners Lp)

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Required Notices or Demands. Any Except as otherwise expressly provided in this Indenture, any notice or communication demand which by any provision of this Indenture is required or permitted to be given or served by the Company, Trustee or by the Subsidiary Guarantors Holders to or the Trustee to the others is duly given if in writing and delivered in Person or mailed by registered or certified mail (return receipt requested), telecopier or overnight air courier guaranteeing next day delivery, to the other’s address: If to on the Company may be given or any Subsidiary Guarantorserved by being deposited postage prepaid in a post office letter box in the United States addressed (until another address is filed by the Company with the Trustee) as follows: Quaker State Corporation, 000 Xxxx Centre 0000 Xxxx XxxxxxXxxxxxxxx Freeway, 00xx Xxxxx XxxxxxxxxxxxIrving, XX 00000 Texas 75062, Attention: Chief Financial Officer If Officer. Except as otherwise expressly provided in this Indenture, any notice, direction, request or demand by the Company or by any Holder to or upon the Trustee may be given or made, for all purposes, by being deposited postage prepaid in a post office letter box in the United States addressed to the Trustee: [ ] corporate trust office of the Trustee initially at _____________________________. The Company, any Subsidiary Guarantor Company or the Trustee by notice to the others other may designate additional or different addresses for subsequent notices or communications. All notices and communications shall be deemed to have been duly given: at the time delivered by hand, if personally delivered; five Business Days after being deposited in the mail, postage prepaid, if mailed; on the first Business Day on or after being sent, if telecopied and the sender receives confirmation of successful transmission; and the next Business Day after timely delivery to the courier, if sent by overnight air courier guaranteeing next day delivery. Any notice required or permitted to a Registered Holder by the Company, any Subsidiary Guarantor Company or the Trustee pursuant to the provisions of this Indenture shall be deemed to be properly mailed by being deposited postage prepaid in a post office letter box in the United States addressed to such Holder at the address of such Holder as shown on the Debt Security Register. Any report pursuant to Section 313 of the TIA Trust Indenture Act shall be transmitted in compliance with subsection (c) therein. Any notice required or permitted to a Bearer Holder by the Company or the Trustee pursuant to this Indenture shall be deemed to be properly given if published on two separate business days in an Authorized Newspaper or Newspapers in such Place or Places of Payment specified pursuant to Section 2.03, the first such publication to be not earlier than the earliest date and not later than two business days prior to the latest date prescribed for the giving of such notice. Notwithstanding the foregoing, any notice to Holders of Floating Rate Debt Securities regarding the determination of a periodic rate of interest, if such notice is required pursuant to Section 2.03, shall be sufficiently given if given in the manner specified pursuant to Section 2.03. In the event of suspension of regular mail service or by reason of any other cause it shall be impracticable to give notice by mail, then such notification as shall be given with the approval of the Trustee shall constitute sufficient notice for every purpose hereunder. In the event of suspension of publication of any Authorized Newspaper or by reason of any other cause it shall be impracticable to give notice by publication, then such notification as shall be given with the approval of the Trustee shall constitute sufficient notice for every purpose hereunder. Failure to mail a notice or communication to a Holder or any defect in it or any defect in any notice by publication as to a Holder shall not affect the sufficiency of such notice with respect to other Holders. If a notice or communication is mailed or published in the manner provided above, it is conclusively presumed duly given.

Appears in 1 contract

Samples: Meridian Industrial Trust Inc

Required Notices or Demands. Any notice or communication by the CompanyPartnership, the Subsidiary Guarantors or the Trustee to the others is duly given if in writing (in the English language) and delivered in Person or mailed by registered or certified mail (return receipt requested), telecopier or overnight air courier guaranteeing next day delivery, to the other’s address: If to the Company Partnership or any of the Subsidiary GuarantorGuarantors: Xxxx Centre Spectra Energy Partners, LP 0000 Xxxx XxxxxxXxxxxxxxxx Xxxxx Xxxxxxx, 00xx Xxxxx Xxxxxxxxxxxx, XX 00000 Attention: Chief Financial Officer Telecopy No. (000) 000-0000 If to the Trustee: [ ] Xxxxx Fargo Bank, National Association 0000 Xxxx Xxxxxx, 2nd Floor Dallas, Texas 75202-2812 Attention: Corporate Trust Services Telecopy No.: (000) 000-0000 The CompanyPartnership, any the Subsidiary Guarantor Guarantors or the Trustee by notice to the others may designate additional or different addresses for subsequent notices or communications. All notices and communications shall be deemed to have been duly given: at the time delivered by hand, if personally delivered; five Business Days after being deposited in the mail, postage prepaid, if mailed; on the first Business Day on or after being sent, if telecopied and the sender receives confirmation of successful transmission; and the next Business Day after timely delivery to the courier, if sent by overnight air courier guaranteeing next day delivery. Any notice required or permitted to a Holder by the CompanyPartnership, any the Subsidiary Guarantor Guarantors or the Trustee pursuant to the provisions of this Indenture shall be deemed to be properly mailed by being deposited postage prepaid in a post office letter box in the United States addressed to such Holder at the address of such Holder as shown on the Debt Security Register. Any report pursuant to Section 313 of the TIA shall be transmitted in compliance with subsection (c) therein. Notwithstanding the foregoing, any notice to Holders of Floating Rate Debt Securities regarding the determination of a periodic rate of interest, if such notice is required pursuant to Section 2.03, shall be sufficiently given if given in the manner specified pursuant to Section 2.03. In the event of suspension of regular mail service or by reason of any other cause it shall be impracticable to give notice by mail, then such notification as shall be given with the approval of the Trustee shall constitute sufficient notice for every purpose hereunder. In the event it shall be impracticable to give notice by publication, then such notification as shall be given with the approval of the Trustee shall constitute sufficient notice for every purpose hereunder. Failure to mail a notice or communication to a Holder or any defect in it or any defect in any notice by publication as to a Holder shall not affect the sufficiency of such notice with respect to other Holders. If a notice or communication is mailed or published in the manner provided above, it is conclusively presumed duly given.

Appears in 1 contract

Samples: Indenture (Spectra Energy Partners, LP)

Required Notices or Demands. Any notice or communication by the CompanyPartnership, the Subsidiary Guarantors or the Trustee to the others is duly given if in writing and delivered in Person or mailed by registered or certified mail (return receipt requested), telecopier or overnight air courier guaranteeing next day delivery, to the other’s address: If to the Company Partnership or any Subsidiary Guarantor: Xxxx Centre 0000 Xxxx XxxxxxBoardwalk Pipeline Partners, 00xx Xxxxx XxxxxxxxxxxxLP Boardwalk Pipelines, XX LP 3000 Xxxxxxxxx Xxxxxx Xxxxxxxxx, Xxxxxxxx 00000 AttentionAttn: Chief Financial Officer Facsimile No.: (000) 000-0000 Exhibit 4.1 -------- If to the Trustee: [ ] The Bank of New York Mellon Trust Company, N.A., 2 Xxxxx XxXxxxx Xxxxxx, 0xx Xxxxx Xxxxxxx, Xxxxxxxx 00000 Attn: Corporate Trust Facsimile No.: (000) 000-0000 The Partnership, any Subsidiary Guarantor or the Trustee by notice to the others may designate additional or different addresses for subsequent notices or communications. All notices and communications shall be deemed to have been duly given: at the time delivered by hand, if personally delivered; five Business Days after being deposited in the mail, postage prepaid, if mailed; on the first Business Day on or after being sent, if telecopied and the sender receives confirmation of successful transmission; and the next Business Day after timely delivery to the courier, if sent by overnight air courier guaranteeing next day delivery. The Trustee agrees to accept and act upon instructions or directions pursuant to this Indenture sent by unsecured e-mail, facsimile transmission or other similar unsecured electronic methods; provided, however, that (a) the party providing such written instructions, subsequent to such transmission of written instructions, shall provide the originally executed instructions or directions to the Trustee in a timely manner, and (b) such originally executed instructions or directions shall be signed by an authorized representative of the party providing such instructions or directions. If the party elects to give the Trustee e-mail or facsimile instructions (or instructions by a similar electronic method) and the Trustee in its discretion elects to act upon such instructions, the Trustee’s understanding of such instructions shall be deemed controlling. The Trustee shall not be liable for any losses, costs or expenses arising directly or indirectly from the Trustee’s reliance upon and compliance with such instructions notwithstanding such instructions conflict or are inconsistent with a subsequent written instruction. The party providing electronic instructions agrees to assume all risks arising out of the use of such electronic methods to submit instructions and directions to the Trustee, including without limitation the risk of the Trustee acting on unauthorized instructions, and the risk or interception and misuse by third parties. Any notice required or permitted to a Holder by the CompanyPartnership, any Subsidiary Guarantor or the Trustee pursuant to the provisions of this Indenture shall be deemed to be properly mailed by being deposited postage prepaid in a post office letter box in the United States addressed to such Holder at the address of such Holder as shown on the Debt Security Register. Any report pursuant to Section 313 of the TIA shall be transmitted in compliance with subsection (c) therein. Notwithstanding the foregoing, any notice to Holders of Floating Rate Securities regarding the determination of a periodic rate of interest, if such notice is required pursuant to Section 2.03, shall be sufficiently given if given in the manner specified pursuant to Section 2.03. Exhibit 4.1 -------- In the event of suspension of regular mail service or by reason of any other cause it shall be impracticable to give notice by mail, then such notification as shall be given with the approval of the Trustee shall constitute sufficient notice for every purpose hereunder. In the event it shall be impracticable to give notice by publication, then such notification as shall be given with the approval of the Trustee shall constitute sufficient notice for every purpose hereunder. Failure to mail a notice or communication to a Holder or any defect in it or any defect in any notice by publication as to a Holder shall not affect the sufficiency of such notice with respect to other Holders. If a notice or communication is mailed or published in the manner provided above, it is conclusively presumed duly given.

Appears in 1 contract

Samples: Boardwalk Pipeline Partners, LP

Required Notices or Demands. Any notice or communication by the CompanyPartnership, the Subsidiary Guarantors or the Trustee to the others is duly given if in writing and delivered in Person or mailed by registered or certified mail (return receipt requested), telecopier or overnight air courier guaranteeing next day delivery, to the other’s address: If to the Company Partnership or any Subsidiary Guarantor: Xxxx Centre 0000 Xxxx XxxxxxMagellan Midstream Partners, 00xx Xxxxx XxxxxxxxxxxxL.P. One Xxxxxxxx Center Tulsa, XX 00000 Oklahoma 74172 Attention: Chief Financial Officer Telecopy No. 000-000-0000 If to the Trustee: [ [—] The CompanyPartnership, any Subsidiary Guarantor or the Trustee by notice to the others may designate additional or different addresses for subsequent notices or communications. All notices and communications shall be deemed to have been duly given: at the time delivered by hand, if personally delivered; five Business Days after being deposited in the mail, postage prepaid, if mailed; on the first Business Day on or after being sent, if telecopied and the sender receives confirmation of successful transmission; and the next Business Day after timely delivery to the courier, if sent by overnight air courier guaranteeing next day delivery. Any notice required or permitted to a Holder by the CompanyPartnership, any Subsidiary Guarantor or the Trustee pursuant to the provisions of this Indenture shall be deemed to be properly mailed by being deposited postage prepaid in a post office letter box in the United States addressed to such Holder at the address of such Holder as shown on the Debt Security Register. Any report pursuant to Section 313 of the TIA shall be transmitted in compliance with subsection (c) therein. Notwithstanding the foregoing, any notice to Holders of Floating Rate Securities regarding the determination of a periodic rate of interest, if such notice is required pursuant to Section 2.03, shall be sufficiently given if given in the manner specified pursuant to Section 2.03. In the event of suspension of regular mail service or by reason of any other cause it shall be impracticable to give notice by mail, then such notification as shall be given with the approval of the Trustee shall constitute sufficient notice for every purpose hereunder. In the event it shall be impracticable to give notice by publication, then such notification as shall be given with the approval of the Trustee shall constitute sufficient notice for every purpose hereunder. Failure to mail a notice or communication to a Holder or any defect in it or any defect in any notice by publication as to a Holder shall not affect the sufficiency of such notice with respect to other Holders. If a notice or communication is mailed or published in the manner provided above, it is conclusively presumed duly given.

Appears in 1 contract

Samples: Indenture (Magellan Midstream Partners Lp)

Required Notices or Demands. Any notice or communication by the CompanyIssuers, the Subsidiary Guarantors or the Trustee to the others is duly given if in writing in the English language and delivered in Person or mailed by registered or certified mail (return receipt requested), telecopier or overnight air courier guaranteeing next day delivery, to the other’s address: 50 If to the Company Issuers or any Subsidiary Guarantor: Xxxx Centre Copano Energy, L.L.C. 0000 Xxxx XxxxxxXxxxx Xxxxxxx, 00xx Xxxxx XxxxxxxxxxxxSuite 1200 Houston, XX 00000 Texas 77019 Attention: Chief Financial Officer Telecopy No.: (000) 000-0000 If to the Trustee: [ ] U.S. Bank National Association EX-TX-DCRE 00000 Xxxxxx Xxxxxxx, Xxxxx 000 Xxxxxx, Xxxxx 00000 Attention: Corporate Trust Department Telecopy No.: (000) 000-0000 The CompanyIssuers, any Subsidiary Guarantor or the Trustee by notice to the others may designate additional or different addresses for subsequent notices or communications. All notices and communications shall be deemed to have been duly given: at the time delivered by hand, if personally delivered; five Business Days after being deposited in the mail, postage prepaid, if mailed; on the first Business Day on or after being sent, if telecopied and the sender receives confirmation of successful transmission; and the next Business Day after timely delivery to the courier, if sent by overnight air courier guaranteeing next day delivery. Any notice required or permitted to a Holder by the CompanyIssuers, any Subsidiary Guarantor or the Trustee pursuant to the provisions of this Indenture shall be deemed to be properly mailed by being deposited postage prepaid in a post office letter box in the United States addressed to such Holder at the address of such Holder as shown on the Debt Security Register. Any report pursuant to Section 313 of the TIA shall be transmitted in compliance with subsection (c) therein. Notwithstanding the foregoing, any notice to Holders of Floating Rate Securities regarding the determination of a periodic rate of interest, if such notice is required pursuant to Section 2.03, shall be sufficiently given if given in the manner specified pursuant to Section 2.03. In the event of suspension of regular mail service or by reason of any other cause it shall be impracticable to give notice by mail, then such notification as shall be given with the approval of the Trustee shall constitute sufficient notice for every purpose hereunder. In the event it shall be impracticable to give notice by publication, then such notification as shall be given with the approval of the Trustee shall constitute sufficient notice for every purpose hereunder. Failure to mail a notice or communication to a Holder or any defect in it or any defect in any notice by publication as to a Holder shall not affect the sufficiency of such notice with respect to other Holders. If a notice or communication is mailed or published in the manner provided above, it is conclusively presumed duly given.

Appears in 1 contract

Samples: Indenture (Copano Energy, L.L.C.)

Required Notices or Demands. Any notice or communication by the CompanyPartnership, the Subsidiary Guarantors or the Trustee to the others is duly given if in writing and delivered in Person or mailed by registered or certified mail (return receipt requested), telecopier or overnight air courier guaranteeing next day delivery, to the other’s 's address: If to the Company Partnership or any the Subsidiary GuarantorGuarantors: Xxxx Centre 0000 Xxxx XxxxxxWilliams Energy Partners L.P. Williams GP Inc. Willixxx XXX, 00xx Xxxxx XxxxxxxxxxxxL.P. Wixxxxxx Xxxxxxxxxxx (XX) LLC Wilxxxxx XXL, XX 00000 LLC Xxxxxxxx Xxxelines Holdings, L.P. Xxxxxxxx Terminals Holdings, X.X. Williams Ammoxxx Xxxxxxxx, X.X. Williams Fractixxxxxxx Xxxxxxxx, X.X. 51 Attention: Chief Financial Officer Telecopy No. 918-573-3005 If to the Trustee: [ ] -------------------- The CompanyPartnership, any the Subsidiary Guarantor Guarantors or the Trustee by notice to the others may designate additional or different addresses for subsequent notices or communications. All notices and communications shall be deemed to have been duly given: at the time delivered by hand, if personally delivered; five Business Days after being deposited in the mail, postage prepaid, if mailed; on the first Business Day on or after being sent, if telecopied and the sender receives confirmation of successful transmission; and the next Business Day after timely delivery to the courier, if sent by overnight air courier guaranteeing next day delivery. Any notice required or permitted to a Holder by the CompanyPartnership, any the Subsidiary Guarantor Guarantors or the Trustee pursuant to the provisions of this Indenture shall be deemed to be properly mailed by being deposited postage prepaid in a post office letter box in the United States addressed to such Holder at the address of such Holder as shown on the Debt Security Register. Any report pursuant to Section 313 of the TIA shall be transmitted in compliance with subsection (c) therein. Notwithstanding the foregoing, any notice to Holders of Floating Rate Debt Securities regarding the determination of a periodic rate of interest, if such notice is required pursuant to Section 2.03, shall be sufficiently given if given in the manner specified pursuant to Section 2.03. In the event of suspension of regular mail service or by reason of any other cause it shall be impracticable to give notice by mail, then such notification as shall be given with the approval of the Trustee shall constitute sufficient notice for every purpose hereunder. In the event it shall be impracticable to give notice by publication, then such notification as shall be given with the approval of the Trustee shall constitute sufficient notice for every purpose hereunder. Failure to mail a notice or communication to a Holder or any defect in it or any defect in any notice by publication as to a Holder shall not affect the sufficiency of such notice with respect to other Holders. If a notice or communication is mailed or published in the manner provided above, it is conclusively presumed duly given.

Appears in 1 contract

Samples: Indenture (Williams Energy Partners L P)

Required Notices or Demands. Any notice or communication by the Company, the Subsidiary Guarantors Company or the Trustee to the others other is duly given if in writing and delivered in Person or mailed delivered by registered or certified mail (return receipt requested), telecopier facsimile, electronic mail or overnight air courier guaranteeing next day delivery, to the other’s address: If to the Company or any Subsidiary Guarantor: Xxxx Centre 0000 Xxxx Company; Enterprise Bancorp, Inc. 000 Xxxxxxxxx Xxxxxx Xxxxxx, 00xx Xxxxx Xxxxxxxxxxxx, XX Xxxxxxxxxxxxx 00000 Attention: Chief Financial Officer Xxxxxx X. Xxxxxxx Facsimile: (000) 000-0000 Email: xxx.xxxxxxx@xxxx.xxx If to the Trustee: [ ] UMB Bank, National Association, as Trustee 0000 Xxxxx Xxxxxxxxx Xxxxxx Xxxx, Xxxxxxxx 00000 Attention: Xxxxx X. Xxxxx / Corporate Trust Facsimile: (000) 000-0000 Email: xxxxx.xxxxx@xxx.xxx The Company, any Subsidiary Guarantor Company or the Trustee by written notice to the others other may designate additional or different addresses for subsequent notices or communications. All notices and communications shall will be deemed to have been duly given: at the time delivered by hand, if personally delivered; five Business Days after being deposited in the mail, postage prepaid, if maileddelivered by mail; on the first Business Day on or after being sent, if telecopied sent by facsimile and the sender receives confirmation of successful transmission; upon confirmation of transmittal (but excluding any automatic reply to such email), if sent by email; and the next Business Day after timely delivery to the courier, if sent by overnight air courier guaranteeing next day delivery. Any notice required or permitted to be given to a Holder by or electronically through the Company, any Subsidiary Guarantor or Applicable Procedures of the Trustee pursuant to Depositary under the provisions of this Indenture shall will be deemed to be properly mailed delivered by being deposited postage prepaid in a post office letter box in the United States addressed to such Holder at the address of such Holder as shown on the Debt Security Subordinated Note Register. Any report pursuant to in accordance with Section 313 of the TIA shall Trust Indenture Act will be transmitted in compliance with subsection (c) therein. Notwithstanding If the foregoingCompany delivers a notice or communication to Holders, the Company will deliver a copy to the Trustee at the same time. In any case where notice to Holders of Floating Rate Securities regarding Subordinated Notes is delivered by mail, neither the determination failure to deliver such notice, nor any defect in any notice so delivered, to any particular Holder of a periodic rate Subordinated Note will affect the sufficiency of interest, if such notice with respect to other Holders of Subordinated Notes. Any notice that is required pursuant to Section 2.03, shall be sufficiently given if given delivered in the manner specified pursuant herein provided will be conclusively presumed to Section 2.03have been duly given or provided. In the event case by reason of the suspension of regular mail service or by reason of any other cause it shall will be impracticable to give such notice by mail, then such notification as shall will be given made with the approval of the Trustee shall will constitute a sufficient notice notification for every purpose hereunder. In Where this Indenture provides for notice in any manner, such notice may be waived in writing by the event it shall Person entitled to receive such notice, either before or after the event, and such waiver will be impracticable to give the equivalent of such notice. Waivers of notice by publication, then such notification as shall Holders of Subordinated Notes will be given filed with the approval Trustee, but such filing will not be a condition precedent to the validity of any action taken in reliance upon such waiver. Notwithstanding any other provision herein, where this Indenture provides for notice to any Holder of a Global Subordinated Note, or of an interest therein, such notice will be sufficiently given if given to the Trustee shall constitute sufficient notice Depositary for every purpose hereunder. Failure such Global Subordinated Note (or its designee) according to mail a notice or communication to a Holder or any defect in it or any defect in any notice by publication as to a Holder shall not affect the sufficiency Applicable Procedures of such notice with respect to other Holders. If a notice or communication is mailed or published in the manner provided above, it is conclusively presumed duly givenDepositary prescribed for giving such notice.

Appears in 1 contract

Samples: Enterprise Bancorp Inc /Ma/

Required Notices or Demands. Any notice or communication by the Company, the Guarantor, the Subsidiary Guarantors or the Trustee to the others is duly given if in writing (in the English language) and delivered in Person or mailed by registered or certified mail (return receipt requested), telecopier or overnight air courier guaranteeing next day delivery, to the other’s 's address: If to the Company Company, the Guarantor or any the Subsidiary GuarantorGuarantors: Xxxx Centre 0000 Xxxx XxxxxxPacific Energy Group LLC Pacific Energy Partners, 00xx Xxxxx Xxxxxxxxxxxx, XX 00000 L.P. Pacific Marketing and Transportation LLC Rocky Mountain Pipeline System LLC Anschutz Ranch East Pipeline LLC Ranch Pipeline LLC Attention: Chief Financial Officer Telecopy No. 000-000-0000 If to the Trustee: [ ] The Company, any the Guarantor, the Subsidiary Guarantor Guarantors or the Trustee by notice to the others may designate additional or different addresses for subsequent notices or communications. All notices and communications shall be deemed to have been duly given: at the time delivered by hand, if personally delivered; five Business Days after being deposited in the mail, postage prepaid, if mailed; on the first Business Day on or after being sent, if telecopied and the sender receives confirmation of successful transmission; and the next Business Day after timely delivery to the courier, if sent by overnight air courier guaranteeing next day delivery. Any notice required or permitted to a Holder by the Company, any the Guarantor, the Subsidiary Guarantor Guarantors or the Trustee pursuant to the provisions of this Indenture shall be deemed to be properly mailed by being deposited postage prepaid in a post office letter box in the United States addressed to such Holder at the address of such Holder as shown on the Debt Security Register. Any report pursuant to Section 313 of the TIA shall be transmitted in compliance with subsection (c) therein. Notwithstanding the foregoing, any notice to Holders of Floating Rate Debt Securities regarding the determination of a periodic rate of interest, if such notice is required pursuant to Section 2.03, shall be sufficiently given if given in the manner specified pursuant to Section 2.03. In the event of suspension of regular mail service or by reason of any other cause it shall be impracticable to give notice by mail, then such notification as shall be given with the approval of the Trustee shall constitute sufficient notice for every purpose hereunder. In the event it shall be impracticable to give notice by publication, then such notification as shall be given with the approval of the Trustee shall constitute sufficient notice for every purpose hereunder. Failure to mail a notice or communication to a Holder or any defect in it or any defect in any notice by publication as to a Holder shall not affect the sufficiency of such notice with respect to other Holders. If a notice or communication is mailed or published in the manner provided above, it is conclusively presumed duly given.

Appears in 1 contract

Samples: Pacific Energy Group LLC

Required Notices or Demands. Any notice or communication by the Company, the Subsidiary Guarantors Company or the Trustee to the others other is duly given if in writing and delivered in Person or mailed delivered by registered or certified mail (return receipt requested), telecopier facsimile or overnight air courier guaranteeing next day delivery, to the other’s address: If to the Company or any Subsidiary GuarantorCompany: Xxxxxxxx Bank Corporation 000 X. Xxxx Centre 0000 Xxxx XxxxxxXx. Xx. Xxxxxxxx, 00xx Xxxxx Xxxxxxxxxxxx, XX Xxxxxxxx 00000 Attention: Chief Financial Officer Facsimile: (000) 000-0000 If to the Trustee: [ ] UMB Bank, National Association, as Trustee 0000 Xxx Xxxxxx Xxxxxx, Suite 870 Houston, Texas 77056 Attention: Xxxxx Xxxxx / Corporate Trust Facsimile: (000) 000-0000 The Company, any Subsidiary Guarantor Company or the Trustee by notice to the others other may designate additional or different addresses for subsequent notices or communications. All notices and communications shall will be deemed to have been duly given: at the time delivered by hand, if personally delivered; five Business Days after being deposited in the mail, postage prepaid, if maileddelivered by mail; on the first Business Day on or after being sent, if telecopied sent by facsimile and the sender receives confirmation of successful transmission; and the next Business Day after timely delivery to the courier, if sent by overnight air courier guaranteeing next day delivery. Any notice required or permitted to be given to a Holder by the Company, any Subsidiary Guarantor or the Trustee pursuant to under the provisions of this Indenture shall will be deemed to be properly mailed delivered by being deposited postage prepaid in a post office letter box in the United States addressed to such Holder at the address of such Holder as shown on the Debt Security Subordinated Note Register. Any report pursuant to in accordance with Section 313 of the TIA shall Trust Indenture Act will be transmitted in compliance with subsection (c) therein. Notwithstanding If the foregoingCompany delivers a notice or communication to Holders, the Company will deliver a copy to the Trustee at the same time. In any case where notice to Holders of Floating Rate Securities regarding Subordinated Notes is delivered by mail, neither the determination failure to deliver such notice, nor any defect in any notice so delivered, to any particular Holder of a periodic rate Subordinated Note will affect the sufficiency of interest, if such notice with respect to other Holders of Subordinated Notes. Any notice that is required pursuant to Section 2.03, shall be sufficiently given if given delivered in the manner specified pursuant herein provided will be conclusively presumed to Section 2.03have been duly given or provided. In the event case by reason of the suspension of regular mail service or by reason of any other cause it shall will be impracticable to give such notice by mail, then such notification as shall will be given made with the approval of the Trustee shall will constitute a sufficient notice notification for every purpose hereunder. In Where this Indenture provides for notice in any manner, such notice may be waived in writing by the event it shall Person entitled to receive such notice, either before or after the event, and such waiver will be impracticable to give the equivalent of such notice. Waivers of notice by publication, then such notification as shall Holders of Subordinated Notes will be given filed with the approval Trustee, but such filing will not be a condition precedent to the validity of any action taken in reliance upon such waiver. Notwithstanding any other provision herein, where this Indenture provides for notice to any Holder of a Global Subordinated Note, or of an interest therein, such notice will be sufficiently given if given to the Trustee shall constitute sufficient notice Depositary for every purpose hereunder. Failure such Global Subordinated Note (or its designee) according to mail a notice or communication to a Holder or any defect in it or any defect in any notice by publication as to a Holder shall not affect the sufficiency Applicable Procedures of such notice with respect to other Holders. If a notice or communication is mailed or published in the manner provided above, it is conclusively presumed duly givenDepositary prescribed for giving such notice.

Appears in 1 contract

Samples: ISABELLA BANK Corp

Required Notices or Demands. Any notice or communication by the Company, the Subsidiary Guarantors or the Trustee to the others is duly given if in writing (in the English language) and delivered in Person or mailed by registered or certified mail (return receipt requested), telecopier or overnight air courier guaranteeing next day delivery, to the other’s address: If to the Company or any of the Subsidiary GuarantorGuarantors: Xxxx Centre EnLink Midstream, LLC 0000 Xxxx Xxxxx Xxxxxx, 00xx Xxxxx XxxxxxxxxxxxSuite 1300 Dallas, XX 00000 Texas 75201 Attention: Chief Financial Officer Telecopy No.: (000) 000-0000 If to the Trustee: [ ] Xxxxx Fargo Bank, National Association 0000 Xxxx Xxxxxx, Suite 4300 Dallas, Texas 75202-2812 MAC T9216-430 Xxxxxx, Xxxxx 00000 Attention: Corporate, Municipal and Escrow Services Telecopy No.: (000) 000-0000 The Company, any the Subsidiary Guarantor Guarantors or the Trustee by notice to the others may designate additional or different addresses for subsequent notices or communications. All notices and communications shall be deemed to have been duly given: at the time delivered by hand, if personally delivered; five Business Days after being deposited in the mail, postage prepaid, if mailed; on the first Business Day on or after being sent, if telecopied and or the sender receives confirmation of successful transmission; and the next Business Day after timely delivery to the courier, if sent by overnight air courier guaranteeing next day delivery. Any When the Debt Securities of any series are in certificated form, any notice required or permitted communication to a Holder will be mailed by first class mail, certified or registered, return receipt requested, or by overnight air courier guaranteeing next day delivery to its address shown on the register kept by the CompanyRegistrar. When the Debt Securities of any series are in the form of Global Securities, any Subsidiary Guarantor notice or communication to a Holder shall be sent to the Trustee Holder electronically pursuant to the provisions applicable procedures of this Indenture shall the Depositary and the Trustee. Any notice or communication will also be deemed so sent to be properly mailed any Person described in TIA §313(c), to the extent required by being deposited postage prepaid the TIA. Failure to mail or send a notice or communication as provided herein to a Holder or any defect in a post office letter box in the United States addressed it will not affect its sufficiency with respect to such Holder at the address of such Holder as shown on the Debt Security Registerother Holders. Any report pursuant to Section 313 of the TIA shall be transmitted in compliance with subsection (c) therein. Notwithstanding the foregoing, any notice to Holders of Floating Rate Debt Securities regarding the determination of a periodic rate of interest, if such notice is required pursuant to Section 2.03, shall be sufficiently given if given in the manner specified pursuant to Section 2.03. In the event of suspension of regular mail service or by reason of any other cause it shall be impracticable to give notice by mailmail in connection with the Debt Securities of any series in certificate form, then such notification as shall be given with the approval of the Trustee shall constitute sufficient notice for every purpose hereunder. In the event it shall be impracticable to give notice by publication, then such notification as shall be given with the approval of the Trustee shall constitute sufficient notice for every purpose hereunder. Failure to mail a notice or communication to a Holder or any defect in it or any defect in any notice by publication as to a Holder shall not affect the sufficiency of such notice with respect to other Holders. If a notice or communication is mailed or published in the manner provided above, it is conclusively presumed duly given.

Appears in 1 contract

Samples: Indenture (EnLink Midstream, LLC)

Required Notices or Demands. Any notice or communication by the CompanyPartnership, the Guarantor, the Subsidiary Guarantors or the Trustee to the others is duly given if in writing (in the English language) and delivered in Person or mailed by registered or certified mail (return receipt requested), telecopier or overnight air courier guaranteeing next day delivery, to the other’s address: If to the Company Partnership, the Guarantor or any the Subsidiary GuarantorGuarantors: Xxxx Centre Sunoco Logistics Partners Operations L.P. Sunoco Logistics Partners L.P. Sunoco Partners Marketing & Terminals L.P. Sunoco Pipeline X.X. Xxxxxx Bank Center 0000 Xxxx Xxxxxx Xxxxxx, Xxxxx XX Xxxxxxxxxxxx, XX 00000-0000 Attention: Chief Counsel Telecopy No. 000-000-0000 If to the Trustee: Citibank, N.A. Agency and Trust 000 Xxxxxxxxx Xxxxxx, 00xx Xxxxx XxxxxxxxxxxxXxx Xxxx, XX 00000 Attention: Chief Financial Officer If to Xxxxx Xxxxx Telecopy No. 000-000-0000 The Partnership, the Trustee: [ ] The CompanyGuarantor, any the Subsidiary Guarantor Guarantors or the Trustee by notice to the others may designate additional or different addresses for subsequent notices or communications. All notices and communications shall be deemed to have been duly given: at the time delivered by hand, if personally delivered; five Business Days after being deposited in the mail, postage prepaid, if mailed; on the first Business Day on or after being sent, if telecopied and the sender receives confirmation of successful transmission; and the next Business Day after timely delivery to the courier, if sent by overnight air courier guaranteeing next day delivery. Any notice required or permitted to a Holder by the CompanyPartnership, any the Guarantor, the Subsidiary Guarantor Guarantors or the Trustee pursuant to the provisions of this Indenture shall be deemed to be properly mailed by being deposited postage prepaid in a post office letter box in the United States addressed to such Holder at the address of such Holder as shown on the Debt Security Register. Any report pursuant to Section 313 of the TIA shall be transmitted in compliance with subsection (c) therein. Notwithstanding the foregoing, any notice to Holders of Floating Rate Debt Securities regarding the determination of a periodic rate of interest, if such notice is required pursuant to Section 2.03, shall be sufficiently given if given in the manner specified pursuant to Section 2.03. In the event of suspension of regular mail service or by reason of any other cause it shall be impracticable to give notice by mail, then such notification as shall be given with the approval of the Trustee shall constitute sufficient notice for every purpose hereunder. In the event it shall be impracticable to give notice by publication, then such notification as shall be given with the approval of the Trustee shall constitute sufficient notice for every purpose hereunder. Failure to mail a notice or communication to a Holder or any defect in it or any defect in any notice by publication as to a Holder shall not affect the sufficiency of such notice with respect to other Holders. If a notice or communication is mailed or published in the manner provided above, it is conclusively presumed duly given.

Appears in 1 contract

Samples: Indenture (Sunoco Logistics Partners Operations Lp)

Required Notices or Demands. Any notice or communication demand which by any provision of this Indenture is required or permitted to be given or served by the Trustee or by the Holders to or on the Company may, except as otherwise provided in Section 5.01(4), be given or served by being deposited postage prepaid in a post office letter box in the United States addressed (until another address is filed by the Company with the Trustee), as follows: to the Company, the Subsidiary Guarantors or the Trustee to the others is duly given if in writing and delivered in Person or mailed by registered or certified mail (return receipt requested)Mpower Holding Corporation, telecopier or overnight air courier guaranteeing next day delivery175 Sully's Trail, to the other’s addressSuite 300, Pittsford, NY 14534, Attention: If to Treasuxxx. Xxx xxxxxx, xxxxxxxxx, xxxxxxx xx xxxxxx xx the Company or by any Subsidiary Guarantor: Xxxx Centre 0000 Xxxx XxxxxxHolder to or upon the Trustee may be given or made, 00xx Xxxxx Xxxxxxxxxxxxfor all purposes, XX 00000 Attention: Chief Financial Officer If by being deposited postage prepaid in a post office letter box in the United States addressed to the Corporate Trust Office of the Trustee: [ ] The Company, any Subsidiary Guarantor or the Trustee by notice to the others may designate additional or different addresses for subsequent notices or communications. All notices and communications shall be deemed to have been duly given: at the time delivered by hand, if personally delivered; five Business Days after being deposited in the mail, postage prepaid, if mailed; on the first Business Day on or after being sent, if telecopied and the sender receives confirmation of successful transmission; and the next Business Day after timely delivery to the courier, if sent by overnight air courier guaranteeing next day delivery. Any notice required or permitted to be mailed to a Holder by the Company, any Subsidiary Guarantor Company or the Trustee pursuant to the provisions of this Indenture shall be deemed to be properly mailed by being deposited postage prepaid in a post office letter box in the United States addressed to such Holder at the address of such Holder as shown on the Debt Security Register. Any report pursuant to Section 313 of the TIA shall be transmitted in compliance with subsection (c) therein. Notwithstanding the foregoingIn any case, any where notice to Holders of Floating Rate Securities regarding the determination of a periodic rate of interest, if such notice is required pursuant to Section 2.03, shall be sufficiently given if given in the manner specified pursuant to Section 2.03. In the event of suspension of regular mail service or by reason of any other cause it shall be impracticable to give notice by mail, then such notification as shall be given with neither the approval of the Trustee shall constitute sufficient notice for every purpose hereunder. In the event it shall be impracticable to give notice by publication, then such notification as shall be given with the approval of the Trustee shall constitute sufficient notice for every purpose hereunder. Failure failure to mail a notice or communication to a Holder or any defect in it or such notice, nor any defect in any notice by publication as so mailed, to a any particular Holder shall not affect the sufficiency of such notice with respect to other Holders. If 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 Holders shall be filed with the Trustee, but such filing shall not be a notice condition precedent to the validity of any action taken in reliance upon such waiver. In case, by reason of the suspension of or communication is mailed or published irregularities in the manner provided aboveregular mail service, it shall be impractical to mail notice of any event to Holders when such notice is conclusively presumed duly givenrequired to be given pursuant to any provision of this Indenture, 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

Samples: Mpower Holding Corp

Required Notices or Demands. Any notice or communication by the Company, the Subsidiary Guarantors Company or the Trustee to the others other is duly given if in writing and delivered in Person or mailed delivered by registered or certified mail (return receipt requested), telecopier facsimile, email or overnight air courier guaranteeing next day delivery, to the other’s address: If to the Company or any Subsidiary Guarantor: Xxxx Centre 0000 Xxxx XxxxxxCompany; First Savings Financial Group, 00xx Inc. 700 Xxxxx XxxxxxxxxxxxXxxxx Xxxxx, XX Xxxxx 000 Xxxxxxxxxxxxxx, Xxxxxxx 00000 Attention: Chief Financial Officer Lxxxx X. Xxxxx Email: lxxxxx@xxxxxxx.xxx If to the Trustee: [ ] UMB Bank, N.A. 5000 X. Xxxxxxx Xxxxx, Xxx 0000 Xxxxxx, Xxxxx 00000 Attention: Dxxxxx Xxxxx Email: Dxxxxx.Xxxxx@xxx.xxx The Company, any Subsidiary Guarantor Company or the Trustee by notice to the others other may designate additional or different addresses for subsequent notices or communications. All notices and communications shall will be deemed to have been duly given: at the time delivered by hand, if personally delivered; five Business Days after being deposited in the mail, postage prepaid, if maileddelivered by mail; on the first Business Day on or after being sent, if telecopied sent by facsimile and the sender receives confirmation of successful transmission; upon confirmation of transmittal (but excluding any automatic reply to such email), if sent by email; and the next Business Day after timely delivery to the courier, if sent by overnight air courier guaranteeing next day delivery. Any notice required or permitted to be given to a Holder by or electronically through the Company, any Subsidiary Guarantor or Applicable Procedures of the Trustee pursuant to Depositary under the provisions of this Indenture shall will be deemed to be properly mailed delivered by being deposited postage prepaid in a post office letter box in the United States addressed to such Holder at the address of such Holder as shown on the Debt Security Subordinated Note Register. Any report pursuant to in accordance with Section 313 of the TIA shall Trust Indenture Act will be transmitted in compliance with subsection (c) therein. Notwithstanding If the foregoingCompany delivers a notice or communication to Holders, the Company will deliver a copy to the Trustee at the same time. In any case where notice to Holders of Floating Rate Securities regarding Subordinated Notes is delivered by mail, neither the determination failure to deliver such notice, nor any defect in any notice so delivered, to any particular Holder of a periodic rate Subordinated Note will affect the sufficiency of interest, if such notice with respect to other Holders of Subordinated Notes. Any notice that is required pursuant to Section 2.03, shall be sufficiently given if given delivered in the manner specified pursuant herein provided will be conclusively presumed to Section 2.03have been duly given or provided. In the event case by reason of the suspension of regular mail service or by reason of any other cause it shall will be impracticable to give such notice by mail, then such notification as shall will be given made with the approval of the Trustee shall will constitute a sufficient notice notification for every purpose hereunder. In Where this Indenture provides for notice in any manner, such notice may be waived in writing by the event it shall Person entitled to receive such notice, either before or after the event, and such waiver will be impracticable to give the equivalent of such notice. Waivers of notice by publication, then such notification as shall Holders of Subordinated Notes will be given filed with the approval Trustee, but such filing will not be a condition precedent to the validity of any action taken in reliance upon such waiver. Notwithstanding any other provision herein, where this Indenture provides for notice to any Holder of a Global Subordinated Note, or of an interest therein, such notice will be sufficiently given if given to the Trustee shall constitute sufficient notice Depositary for every purpose hereunder. Failure such Global Subordinated Note (or its designee) according to mail a notice or communication to a Holder or any defect in it or any defect in any notice by publication as to a Holder shall not affect the sufficiency Applicable Procedures of such notice with respect to other Holders. If a notice or communication is mailed or published in the manner provided above, it is conclusively presumed duly givenDepositary prescribed for giving such notice.

Appears in 1 contract

Samples: First Savings Financial Group, Inc.

Required Notices or Demands. Any notice or communication by the Company, the Subsidiary Guarantors Company or the Trustee to the others other is duly given if in writing and delivered in Person or mailed delivered by registered or certified mail (return receipt requested), telecopier facsimile or overnight air courier guaranteeing next day delivery, to the other’s address: If to the Company or any Subsidiary Guarantor: Xxxx Centre Company; Green Bancorp, Inc. 0000 Xxxx XxxxxxXxxxxxxxxx Xxxxxx Xxxxxxx, 00xx Xxxxx Xxxxxxxxxxxx, XX 00000 Attention: Chief Financial Officer Facsimile: 000-000-0000 With a copy (which shall not constitute notice) to: Skadden, Arps, Slate, Xxxxxxx & Xxxx LLP Xxxx Xxxxx Xxxxxx Xxx Xxxx, Xxx Xxxx 00000 Attention: Xxxxxxx X. Xxxxxx and Xxxx X. Xxxxxxxx If to the Trustee: [ ] Wilmington Trust, National Association, as Trustee 0000 Xxxxx Xxxxxx Xxxxxx Xxxxxxxxxx, Xxxxxxxx 00000 Attention: Green Bancorp Inc. Administrator Facsimile: 000-000-0000 The Company, any Subsidiary Guarantor Company or the Trustee by written notice to the others other may designate additional or different addresses for subsequent notices or communications. All notices and communications shall will be deemed to have been duly given: at the time delivered by hand, if personally delivered; five Business Days after being deposited in the mail, postage prepaid, if maileddelivered by mail; on the first Business Day on or after being sent, if telecopied sent by facsimile and the sender receives confirmation of successful transmission; and the next Business Day after timely delivery to the courier, if sent by overnight air courier guaranteeing next day delivery. Any notice required or permitted to be given to a Holder by or electronically through the Company, any Subsidiary Guarantor or Applicable Procedures of the Trustee pursuant to Depositary under the provisions of this Indenture shall will be deemed to be properly mailed delivered by being deposited postage prepaid in a post office letter box in the United States addressed to such Holder at the address of such Holder as shown on the Debt Security Subordinated Note Register. Any report pursuant to in accordance with Section 313 of the TIA shall Trust Indenture Act will be transmitted in compliance with subsection (c) therein. Notwithstanding If the foregoingCompany delivers a notice or communication to Holders, the Company will deliver a copy to the Trustee at the same time. In any case where notice to Holders of Floating Rate Securities regarding Subordinated Notes is delivered by mail, neither the determination failure to deliver such notice, nor any defect in any notice so delivered, to any particular Holder of a periodic rate Subordinated Note will affect the sufficiency of interest, if such notice with respect to other Holders of Subordinated Notes. Any notice that is required pursuant to Section 2.03, shall be sufficiently given if given delivered in the manner specified pursuant herein provided will be conclusively presumed to Section 2.03have been duly given or provided. In the event case by reason of the suspension of regular mail service or by reason of any other cause it shall will be impracticable to give such notice by mail, then such notification as shall will be given made with the approval of the Trustee shall will constitute a sufficient notice notification for every purpose hereunder. In Where this Indenture provides for notice in any manner, such notice may be waived in writing by the event it shall Person entitled to receive such notice, either before or after the event, and such waiver will be impracticable to give the equivalent of such notice. Waivers of notice by publication, then such notification as shall Holders of Subordinated Notes will be given filed with the approval Trustee, but such filing will not be a condition precedent to the validity of any action taken in reliance upon such waiver. Notwithstanding any other provision herein, where this Indenture provides for notice to any Holder of a Global Subordinated Note, or of an interest therein, such notice will be sufficiently given if given to the Trustee shall constitute sufficient notice Depositary for every purpose hereunder. Failure such Global Subordinated Note (or its designee) according to mail a notice or communication to a Holder or any defect in it or any defect in any notice by publication as to a Holder shall not affect the sufficiency Applicable Procedures of such notice with respect to other Holders. If a notice or communication is mailed or published in the manner provided above, it is conclusively presumed duly givenDepositary prescribed for giving such notice.

Appears in 1 contract

Samples: Indenture (Green Bancorp, Inc.)

Required Notices or Demands. Any notice or communication by the Company, the Subsidiary Guarantors Company or the Trustee to the others is duly given if in writing and delivered in Person or mailed by registered or certified mail (return receipt requested), telex, telecopier or overnight air courier guaranteeing next day delivery, to the other’s address: If to the Company or any Subsidiary GuarantorCompany: Xxxx Centre American Oil & Gas Inc. 0000 Xxxx 00xx Xxxxxx, 00xx Xxxxx Xxxxxxxxxxxx0000 Xxxxxx, XX Xxxxxxxx 00000 Attention: Chief Financial Officer President If to the Trustee: [ [__________] Corporate Trust Office [_____] [_____] Attention: Corporate Trust Administration The Company, any Subsidiary Guarantor Company or the Trustee by notice to the others other may designate additional or different addresses for subsequent notices or communications. All notices and communications shall be deemed to have been duly given: at the time delivered by hand, if personally delivered; five Business Days after being deposited in the mail, postage prepaid, if mailed; when answered back, if telexed; on the first Business Day on or after being sent, if telecopied and the sender receives confirmation of successful transmission; and the next Business Day after timely delivery to the courier, if sent by overnight air courier guaranteeing next day delivery. Any notice required or permitted to a Registered Holder by the Company, any Subsidiary Guarantor or the Trustee pursuant to the provisions of this Indenture shall be deemed to be properly mailed by being deposited postage prepaid in a post office letter box in the United States addressed to such Holder at the address of such Holder as shown on the Debt Security Register. Any report pursuant to Section 313 of the TIA shall be transmitted in compliance with subsection (c) therein. Any notice required or permitted to a Bearer Holder pursuant to this Indenture shall be deemed to be properly given if published on two separate business days in an Authorized Newspaper or Newspapers in such Place or Places of Payment specified pursuant to Section 2.05, the first such publication to be not earlier than the earliest date and not later than two business days prior to the latest date prescribed for the giving of such notice. Notwithstanding the foregoing, any notice to Holders of Floating Rate Debt Securities regarding the determination of a periodic rate of interest, if such notice is required pursuant to Section 2.032.05, shall be sufficiently given if given in the manner specified pursuant to Section 2.032.05. In the event of suspension of regular mail service or by reason of any other cause it shall be impracticable to give notice by mail, then such notification as shall be given with the approval of the Trustee shall constitute sufficient notice for every purpose hereunder. In the event of suspension of publication of any Authorized Newspaper or by reason of any other cause it shall be impracticable to give notice by publication, then such notification as shall be given with the approval of the Trustee shall constitute sufficient notice for every purpose hereunder. Failure to mail a notice or communication to a Holder or any defect in it or any defect in any notice by publication as to a Holder shall not affect the sufficiency of such notice with respect to other Holders. If a notice or communication is mailed or published in the manner provided above, it is conclusively presumed duly given.

Appears in 1 contract

Samples: Indenture (American Oil & Gas Inc)

Required Notices or Demands. Any notice or communication by the Company, the Subsidiary Guarantors or the Trustee to the others is duly given if in writing and delivered in Person or mailed by registered or certified mail (return receipt requested), telecopier or overnight air courier guaranteeing next day delivery, to the other’s address: If to the Company or any Subsidiary Guarantor: Xxxx Centre 0000 Xxxx Xxxxxx, 00xx Xxxxx Xxxxxxxxxxxx, XX 00000 Attention: Chief Financial Officer If to the Trustee: [ ] Xxxxx Fargo Bank, National Association 00 Xxxxxxxx, 00xx Xxxxx Xxx Xxxx, XX 00000 Attention: Corporate Trust Services – Administrator for RAIT Financial Trust The Company, any Subsidiary Guarantor or the Trustee by notice to the others may designate additional or different addresses for subsequent notices or communications. All notices and communications shall be deemed to have been duly given: at the time delivered by hand, if personally delivered; five Business Days after being deposited in the mail, postage prepaid, if mailed; on the first Business Day on or after being sent, if telecopied and the sender receives confirmation of successful transmission; and the next Business Day after timely delivery to the courier, if sent by overnight air courier guaranteeing next day delivery. Any notice required or permitted to a Holder by the Company, any Subsidiary Guarantor or the Trustee pursuant to the provisions of this Indenture shall be deemed to be properly mailed by being deposited postage prepaid in a post office letter box in the United States addressed to such Holder at the address of such Holder as shown on the Debt Security Register. Any report pursuant to Section 313 of the TIA shall be transmitted in compliance with subsection (c) therein. Notwithstanding the foregoing, any notice to Holders of Floating Rate Securities regarding the determination of a periodic rate of interest, if such notice is required pursuant to Section 2.03, shall be sufficiently given if given in the manner specified pursuant to Section 2.03. In the event of suspension of regular mail service or by reason of any other cause it shall be impracticable to give notice by mail, then such notification as shall be given with the approval of the Trustee shall constitute sufficient notice for every purpose hereunder. In the event it shall be impracticable to give notice by publication, then such notification as shall be given with the approval of the Trustee shall constitute sufficient notice for every purpose hereunder. Failure to mail a notice or communication to a Holder or any defect in it or any defect in any notice by publication as to a Holder shall not affect the sufficiency of such notice with respect to other Holders. If a notice or communication is mailed or published in the manner provided above, it is conclusively presumed duly given.

Appears in 1 contract

Samples: Indenture (RAIT Financial Trust)

Required Notices or Demands. Any notice or communication by the Company, the Subsidiary Guarantors any Guarantor or the Trustee to the others is duly given if in writing (in the English language) and delivered in Person or mailed by registered or certified mail (return receipt requested), telecopier or overnight air courier guaranteeing next day delivery, to the other’s address: If to the Company or any Subsidiary Guarantor: Enterprise Products Partners L.P. Enterprise Products Operating L.P. 0000 Xxxxx Xxxx Centre 0000 Xxxx XxxxxxXxxxxxx, 00xx Xxxxx Xxxxxxxxxxxx, XX 00000 Attention: Chief Financial Officer Telecopy No. 000-000-0000 If to the Trustee: [ ] Xxxxx Fargo Bank, National Association 000 Xxxx Xxxxxx, Xxxxx 000 Xxxx Xxxxx, Xxxxx 00000 Attention: Corporate Trust Department Telecopy No. 000-000-0000 The Company, any Subsidiary Guarantor the Guarantors or the Trustee by notice to the others may designate additional or different addresses for subsequent notices or communications. All notices and communications shall be deemed to have been duly given: at the time delivered by hand, if personally delivered; five Business Days after being deposited in the mail, postage prepaid, if mailed; on the first Business Day on or after being sent, if telecopied and the sender receives confirmation of successful transmission; and the next Business Day after timely delivery to the courier, if sent by overnight air courier guaranteeing next day delivery. Any notice required or permitted to a Registered Holder by the Company, any Subsidiary Guarantor the Guarantors or the Trustee pursuant to the provisions of this Indenture shall be deemed to be properly mailed by being deposited postage prepaid in a post office letter box in the United States addressed to such Holder at the address of such Holder as shown on the Debt Security Register. Any report pursuant to Section 313 of the TIA shall be transmitted in compliance with subsection (c) therein. Any notice required or permitted to a Bearer Holder by the Company, the Guarantors or the Trustee pursuant to this Indenture shall be deemed to be properly given if published on two separate business days in an Authorized Newspaper or Newspapers in such Place or Places of Payment specified pursuant to Section 2.03, the first such publication to be not earlier than the earliest date and not later than two business days prior to the latest date prescribed for the giving of such notice. Notwithstanding the foregoing, any notice to Holders of Floating Rate Debt Securities regarding the determination of a periodic rate of interest, if such notice is required pursuant to Section 2.03, shall be sufficiently given if given in the manner specified pursuant to Section 2.03. In the event of suspension of regular mail service or by reason of any other cause it shall be impracticable to give notice by mail, then such notification as shall be given with the approval of the Trustee shall constitute sufficient notice for every purpose hereunder. In the event of suspension of publication of any Authorized Newspaper or by reason of any other cause it shall be impracticable to give notice by publication, then such notification as shall be given with the approval of the Trustee shall constitute sufficient notice for every purpose hereunder. Failure to mail a notice or communication to a Holder or any defect in it or any defect in any notice by publication as to a Holder shall not affect the sufficiency of such notice with respect to other Holders. If a notice or communication is mailed or published in the manner provided above, it is conclusively presumed duly given.

Appears in 1 contract

Samples: Supplemental Indenture (Enterprise Products Partners L P)

Required Notices or Demands. Any notice or communication by the CompanyPartnership, the Subsidiary Guarantors any Guarantor or the Trustee to the others is duly given if in writing (in the English language) and delivered in Person or mailed by registered or certified mail (return receipt requested), telecopier or overnight air courier guaranteeing next day deliverycourier, to the other’s address: If to the Company or any Subsidiary GuarantorPartnership: ONEOK Partners, L.P. c/o ONEOK Partners GP, L.L.C. 000 Xxxx Centre 0000 Xxxx Xxxxx Xxxxxx, 00xx Xxxxx Xxxxxxxxxxxx1831 Tulsa, XX 00000 Oklahoma 74103-4298 Telecopier No.: (000) 000-0000 Attention: Chief Financial Officer If to a Guarantor: to the Guarantor’s address and/or telecopier number set forth in the indenture supplemental hereto in which such Guarantor is named as a Guarantor. If to the Trustee: [ ] Xxxxx Fargo Bank, N.A. Corporate Trust & Escrow Services N9303-110 MAC Sixth & Marquette Minneapolis, MN 55479 Telecopier No.: (000) 000-0000 Attention: Xxxxxx X. Xxxxxx The CompanyPartnership, any Subsidiary Guarantor or and the Trustee by notice to the others may designate additional or different addresses for subsequent notices or communications. All notices and communications shall be deemed to have been duly given: at the time delivered by hand, if personally delivered; five Business Days after being deposited in the mail, postage prepaid, if mailed; on the first Business Day on or after being sent, if telecopied and the sender receives confirmation of successful transmission; and the next Business Day after timely delivery to the courierupon delivery, if sent by e-mail or overnight air courier guaranteeing next day deliverycourier. Any notice required or permitted to a Holder by the CompanyPartnership, any Subsidiary Guarantor or the Trustee pursuant to the provisions of this Indenture shall be deemed to be properly mailed by being deposited postage prepaid in a post office letter box in the United States of America addressed to such Holder at the address of such Holder as shown on the Debt Security Register. Any report pursuant to Section 313 of the TIA shall be transmitted in compliance with subsection (c) therein. Notwithstanding the foregoing, any notice to Holders of Floating Rate Securities regarding the determination of a periodic rate of interest, if such notice is required pursuant to Section 2.03, shall be sufficiently given if given in the manner specified pursuant to Section 2.03. In the event of suspension of regular mail service or by reason of any other cause it shall be impracticable to give notice by mail, then such notification as shall be given with the approval of the Trustee shall constitute sufficient notice for every purpose hereunder. In the event it shall be impracticable to give notice by publication, then such notification as shall be given with the approval of the Trustee shall constitute sufficient notice for every purpose hereunder. Failure to mail a notice or communication to a Holder or any defect in it or any defect in any notice by publication as to a Holder shall not affect the sufficiency of such notice with respect to other Holders. If a notice or communication is mailed or published in the manner provided above, it is conclusively presumed duly given.

Appears in 1 contract

Samples: Indenture (ONEOK Partners LP)

Required Notices or Demands. Any notice or communication by the CompanyIssuers, the Subsidiary Guarantors or the Trustee to the others is duly given if in writing and delivered in Person or mailed by registered or certified mail (return receipt requested), telecopier or overnight air courier guaranteeing next day delivery, to the other’s address: If to the Company an Issuer or any Subsidiary Guarantor: Xxxx Centre MarkWest Energy Partners, L.P. 0000 Xxxx XxxxxxXxxxxxxx Xxxxxx Tower 2, 00xx Xxxxx XxxxxxxxxxxxSuite 700 Denver, XX 00000 Colorado 80202 Attention: Chief Financial Officer If to the Trustee: [ ] Xxxxx Fargo Bank, National Association Corporate Trust Services 0000 Xxxx Xxxxxx — 2nd Floor Dallas, Texas 75202-2812 The CompanyIssuers, any the Subsidiary Guarantor Guarantors or the Trustee by notice to the others may designate additional or different addresses for subsequent notices or communications. All notices and communications shall be deemed to have been duly given: at the time delivered by hand, if personally delivered; five Business Days after being deposited in the mail, postage prepaid, if mailed; on the first Business Day on or after being sent, if telecopied and the sender receives confirmation of successful transmission; and the next Business Day after timely delivery to the courier, if sent by overnight air courier guaranteeing next day delivery. Any notice required or permitted to a Holder by the CompanyIssuers, any the Subsidiary Guarantor Guarantors or the Trustee pursuant to the provisions of this Indenture shall be deemed to be properly mailed by being deposited postage prepaid in a post office letter box in the United States addressed to such Holder at the address of such Holder as shown on the Debt Security Register. Any report pursuant to Section 313 of the TIA shall be transmitted in compliance with subsection (c) therein. Notwithstanding the foregoing, any notice to Holders of Floating Rate Securities regarding the determination of a periodic rate of interest, if such notice is required pursuant to Section 2.03, shall be sufficiently given if given in the manner specified pursuant to Section 2.03. In the event of suspension of regular mail service or by reason of any other cause it shall be impracticable to give notice by mail, then such notification as shall be given with the approval of the Trustee shall constitute sufficient notice for every purpose hereunder. In the event it shall be impracticable to give notice by publication, then such notification as shall be given with the approval of the Trustee shall constitute sufficient notice for every purpose hereunder. Failure to mail a notice or communication to a Holder or any defect in it or any defect in any notice by publication as to a Holder shall not affect the sufficiency of such notice with respect to other Holders. If a notice or communication is mailed or published in the manner provided above, it is conclusively presumed duly given.

Appears in 1 contract

Samples: Indenture (Markwest Energy Partners L P)

Required Notices or Demands. Any notice or communication by the Company, the Subsidiary Guarantors Issuer or the Trustee to the others is duly given if in writing (in the English language) and delivered in Person or mailed by registered or certified mail (return receipt requested), telecopier or overnight air courier guaranteeing next day delivery, to the other’s address: If to the Company or any Subsidiary GuarantorIssuer: Xxxx Centre 0000 Xxxx Xxxxxx, 00xx Xxxxx Xxxxxxxxxxxx, XX 00000 Seadrill Partners LLC Attention: Chief Financial Principal Executive Officer 2nd Floor, Building 00, Xxxxxxxx Xxxxxxxx Park 000 Xxxxxxxx Xxxx Xxxx London W4 5YS, United Kingdom +00 00 0000 0000 If to the Trustee: [ ] [ ] [ ] [ ] The Company, any Subsidiary Guarantor Issuer or the Trustee by notice to the others may designate additional or different addresses for subsequent notices or communications. All notices and communications shall be deemed to have been duly given: at the time delivered by hand, if personally delivered; five Business Days after being deposited in the mail, postage prepaid, if mailed; on the first Business Day on or after being sent, if telecopied and the sender receives confirmation of successful transmission; and the next Business Day after timely delivery to the courier, if sent by overnight air courier guaranteeing next day delivery. Any notice required or permitted to a Holder by the Company, any Subsidiary Guarantor Issuer or the Trustee pursuant to the provisions of this Indenture shall be deemed to be properly mailed by being deposited postage prepaid in a post office letter box in the United States addressed to such Holder at the address of such Holder as shown on the Debt Security Register. Any report pursuant to Section 313 of the TIA shall be transmitted in compliance with subsection subSection (c) therein. Notwithstanding the foregoing, any notice to Holders of Floating Rate Debt Securities regarding the determination of a periodic rate of interest, if such notice is required pursuant to Section 2.03, shall be sufficiently given if given in the manner specified pursuant to Section 2.03. In the event of suspension of regular mail service or by reason of any other cause it shall be impracticable to give notice by mail, then such notification as shall be given with the approval of the Trustee shall constitute sufficient notice for every purpose hereunder. In the event it shall be impracticable to give notice by publication, then such notification as shall be given with the approval of the Trustee shall constitute sufficient notice for every purpose hereunder. Failure to mail a notice or communication to a Holder or any defect in it or any defect in any notice by publication as to a Holder shall not affect the sufficiency of such notice with respect to other Holders. If a notice or communication is mailed or published in the manner provided above, it is conclusively presumed duly given.

Appears in 1 contract

Samples: Indenture (Seadrill Partners LLC)

Required Notices or Demands. Any notice or communication by the CompanyPartnership, the Subsidiary Guarantors or the Trustee to the others is duly given if in writing (in the English language) and delivered in Person or mailed by registered or certified mail (return receipt requested), telecopier or overnight air courier guaranteeing next day delivery, to the other’s address: If to the Company Partnership or any of the Subsidiary GuarantorGuarantors: Xxxx Centre 0000 Xxxx XxxxxxOiltanking Partners, 00xx Xxxxx XxxxxxxxxxxxL.P. 00000 Xxxxxxxxxxx Xxxx. Houston, XX 00000 Texas 77015 Attention: Chief Financial Officer Telecopy No. (000) 000-0000 If to the Trustee: [ ] [ ] [ ] Attention: [ ] Telecopy No. [ ] The CompanyPartnership, any the Subsidiary Guarantor Guarantors or the Trustee by notice to the others may designate additional or different addresses for subsequent notices or communications. All notices and communications shall be deemed to have been duly given: at the time delivered by hand, if personally delivered; five Business Days after being deposited in the mail, postage prepaid, if mailed; on the first Business Day on or after being sent, if telecopied and the sender receives confirmation of successful transmission; and the next Business Day after timely delivery to the courier, if sent by overnight air courier guaranteeing next day delivery. Any notice required or permitted to a Holder by the CompanyPartnership, any the Subsidiary Guarantor Guarantors or the Trustee pursuant to the provisions of this Indenture shall be deemed to be properly mailed by being deposited postage prepaid in a post office letter box in the United States addressed to such Holder at the address of such Holder as shown on the Debt Security Register. Any report pursuant to Section 313 of the TIA shall be transmitted in compliance with subsection subSection (c) therein. Notwithstanding the foregoing, any notice to Holders of Floating Rate Debt Securities regarding the determination of a periodic rate of interest, if such notice is required pursuant to Section 2.03, shall be sufficiently given if given in the manner specified pursuant to Section 2.03. In the event of suspension of regular mail service or by reason of any other cause it shall be impracticable to give notice by mail, then such notification as shall be given with the approval of the Trustee shall constitute sufficient notice for every purpose hereunder. In the event it shall be impracticable to give notice by publication, then such notification as shall be given with the approval of the Trustee shall constitute sufficient notice for every purpose hereunder. Failure to mail a notice or communication to a Holder or any defect in it or any defect in any notice by publication as to a Holder shall not affect the sufficiency of such notice with respect to other Holders. If a notice or communication is mailed or published in the manner provided above, it is conclusively presumed duly given.

Appears in 1 contract

Samples: Indenture (Oiltanking Partners, L.P.)

Required Notices or Demands. Any notice or communication by the CompanyIssuers, the Subsidiary Guarantors or the Trustee to the others is duly given if in writing in the English language and delivered in Person or mailed by registered or certified mail (return receipt requested), telecopier or overnight air courier guaranteeing next day delivery, to the other’s address: 37 If to the Company Issuers or any Subsidiary Guarantor: Xxxx Centre Regency Energy Partners LP Regency Energy Finance Corp. 0000 Xxxx Xxxxx Xxxxxx, 00xx Xxxxx XxxxxxxxxxxxSuite 3700 Dallas, XX 00000 Texas 75201 Attention: Chief Financial Legal Officer Facsimile: (000) 000-0000 If to the Trustee: [ ] U.S. Bank National Association 0000 Xxx Xxxxxx Xxxxxx, Suite 1150 Houston, Texas 77056 Attention: Corporate Trust Services Facsimile: (000) 000-0000 The CompanyIssuers, any Subsidiary Guarantor or the Trustee by notice to the others may designate additional or different addresses for subsequent notices or communications. All notices and communications shall be deemed to have been duly given: at the time delivered by hand, if personally delivered; five Business Days after being deposited in the mail, postage prepaid, if mailed; on the first Business Day on or after being sent, if telecopied and the sender receives confirmation of successful transmission; and the next Business Day after timely delivery to the courier, if sent by overnight air courier guaranteeing next day delivery. Any notice required or permitted to a Holder by the CompanyIssuers, any Subsidiary Guarantor or the Trustee pursuant to the provisions of this Indenture shall be deemed to be properly mailed by being deposited postage prepaid in a post office letter box in the United States addressed to such Holder at the address of such Holder as shown on the Debt Security Register. Any report pursuant to Section 313 of the TIA shall be transmitted in compliance with subsection (c) therein. Notwithstanding the foregoing, any notice to Holders of Floating Rate Securities regarding the determination of a periodic rate of interest, if such notice is required pursuant to Section 2.03, shall be sufficiently given if given in the manner specified pursuant to Section 2.03. In the event of suspension of regular mail service or by reason of any other cause it shall be impracticable to give notice by mail, then such notification as shall be given with the approval of the Trustee shall constitute sufficient notice for every purpose hereunder. In the event it shall be impracticable to give notice by publication, then such notification as shall be given with the approval of the Trustee shall constitute sufficient notice for every purpose hereunder. Failure to mail a notice or communication to a Holder or any defect in it or any defect in any notice by publication as to a Holder shall not affect the sufficiency of such notice with respect to other Holders. If a notice or communication is mailed or published in the manner provided above, it is conclusively presumed duly given.

Appears in 1 contract

Samples: Indenture (Regency Energy Partners LP)

Required Notices or Demands. Any notice or communication by the Company, the Subsidiary Guarantors Partnership or the Trustee to the others is duly given if in writing (in the English language) and delivered in Person or mailed by registered or certified mail (return receipt requested), telecopier or overnight air courier guaranteeing next day delivery, to the other’s 's address: If to the Partnership: Northern Border Partners, L.P. c/o Northern Plains Natural Gas Company or any Subsidiary Guarantor00000 XXX Xxxxxxx Xxxxx, Xxxxxxxx 00000-0000 Telecopier No.: Xxxx Centre (000) 000-0000 Xxxx Xxxxxx, 00xx Xxxxx Xxxxxxxxxxxx, XX 00000 Attention: Chief Financial Officer Director of Finance If to the Trustee: [ [Name of Trustee] [Street Address] [City], [State] [Zip Code] Telecopier No.: ([___]) [___]-[____] Attention: [______________________] The Company, any Subsidiary Guarantor or Partnership and the Trustee by notice to the others other may designate additional or different addresses for subsequent notices or communications. All notices and communications shall be deemed to have been duly given: at the time delivered by hand, if personally delivered; five Business Days after being deposited in the mail, postage prepaid, if mailed; on the first Business Day on or after being sent, if telecopied and the sender receives confirmation of successful transmission; and the next Business Day after timely delivery to the courier, if sent by overnight air courier guaranteeing next day delivery. Any notice required or permitted to a Holder by the Company, any Subsidiary Guarantor Partnership or the Trustee pursuant to the provisions of this Indenture shall be deemed to be properly mailed by being deposited postage prepaid in a post office letter box in the United States of America addressed to such Holder at the address of such Holder as shown on the Debt Security Register. Any report pursuant to Section 313 of the TIA shall be transmitted in compliance with subsection (c) therein. Notwithstanding the foregoing, any notice to Holders of Floating Rate Securities regarding the determination of a periodic rate of interest, if such notice is required pursuant to Section 2.03, shall be sufficiently given if given in the manner specified pursuant to Section 2.03. In the event of suspension of regular mail service or by reason of any other cause it shall be impracticable to give notice by mail, then such notification as shall be given with the approval of the Trustee shall constitute sufficient notice for every purpose hereunder. In the event it shall be impracticable to give notice by publication, then such notification as shall be given with the approval of the Trustee shall constitute sufficient notice for every purpose hereunder. Failure to mail a notice or communication to a Holder or any defect in it or any defect in any notice by publication as to a Holder shall not affect the sufficiency of such notice with respect to other Holders. If a notice or communication is mailed or published in the manner provided above, it is conclusively presumed duly given.

Appears in 1 contract

Samples: Northern Border Partners Lp

Required Notices or Demands. Any Except as otherwise expressly provided in this Indenture, any notice or communication demand which by any provision of this Indenture is required or permitted to be given or served by the Trustee or by the Holders to or on the Company may be given or served by being deposited postage prepaid in a post office letter box in the United States addressed (until another address is filed by the Company with the Trustee) as follows: Pioneer Natural Resources Company, the Subsidiary Guarantors or the Trustee to the others is duly given if in writing and delivered in Person or mailed by registered or certified mail (return receipt requested)1400 Xxxxxxxx Xxxxxx Xxxx, telecopier or overnight air courier guaranteeing next day delivery5205 North O'Coxxxx Xxxlevard, to the other’s address: If to the Company or any Subsidiary Guarantor: Xxxx Centre 0000 Xxxx XxxxxxIrving, 00xx Xxxxx XxxxxxxxxxxxTexas 75039, XX 00000 Attention: Chief Financial Officer If Officer. Except as otherwise expressly provided in this Indenture, any notice, direction, request or demand by the Company or by any Holder to or upon the Trustee may be given or made, for all purposes, by being deposited postage prepaid in a post office letter box in the United States addressed to the Trusteecorporate trust office of the Trustee initially at 101 Xxxxxxx Xxxxxx, Floor 21 West, New York, New York 10286; Attention: [ ] Corporate Trust Trustee Administration. The Company, any Subsidiary Guarantor Company or the Trustee by notice to the others other may designate additional or different addresses for subsequent notices or communications. All notices and communications shall be deemed to have been duly given: at the time delivered by hand, if personally delivered; five Business Days after being deposited in the mail, postage prepaid, if mailed; on the first Business Day on or after being sent, if telecopied and the sender receives confirmation of successful transmission; and the next Business Day after timely delivery to the courier, if sent by overnight air courier guaranteeing next day delivery. Any notice required or permitted to a Registered Holder by the Company, any Subsidiary Guarantor Company or the Trustee pursuant to the provisions of this Indenture shall be deemed to be properly mailed by being deposited postage prepaid in a post office letter box in the United States addressed to such Holder at the address of such Holder as shown on the Debt Security Register. Any report pursuant to Section 313 of the TIA Trust Indenture Act shall be transmitted in compliance with subsection (c) therein. Any notice required or permitted to a Bearer Holder by the Company or the Trustee pursuant to this Indenture shall be deemed to be properly given if published on two separate business days in an Authorized Newspaper or Newspapers in such Place or Places of Payment specified pursuant to Section 2.03, the first such publication to be not earlier than the earliest date and not later than two business days prior to the latest date prescribed for the giving of such notice. Notwithstanding the foregoing, any notice to Holders of Floating Rate Debt Securities regarding the determination of a periodic rate of interest, if such notice is required pursuant to Section 2.03, shall be sufficiently given if given in the manner specified pursuant to Section 2.03. In the event of suspension of regular mail service or by reason of any other cause it shall be impracticable to give notice by mail, then such notification as shall be given with the approval of the Trustee shall constitute sufficient notice for every purpose hereunder. In the event it shall be impracticable to give notice by publication, then such notification as shall be given with the approval of the Trustee shall constitute sufficient notice for every purpose hereunder. Failure to mail a notice or communication to a Holder or any defect in it or any defect in any notice by publication as to a Holder shall not affect the sufficiency of such notice with respect to other Holders. If a notice or communication is mailed or published in the manner provided above, it is conclusively presumed duly given.

Appears in 1 contract

Samples: Indenture Tia (Pioneer Natural Resources Usa Inc)

Required Notices or Demands. Any notice or communication by the Company, the Subsidiary Guarantors Company or the Trustee to the others other is duly given if in writing and delivered in Person or mailed delivered by registered or certified mail (return receipt requested), telecopier facsimile or overnight air courier guaranteeing next day delivery, to the other’s address: If to the Company or any Subsidiary Guarantor: Xxxx Centre 0000 Xxxx XxxxxxCompany; HarborOne Bancorp, 00xx Xxxxx XxxxxxxxxxxxInc. 000 Xxx Xxxxxx Xxxxxxxx, XX 00000 Attention: Chief Financial Officer Facsimile: (000) 000-0000 If to the Trustee: [ ] UMB Bank, National Association 0000 Xxx Xxxxxx, Suite 870 Houston, Texas 77002 Facsimile No.: (000) 000-0000 Attn: Corporate Trust Officer The Company, any Subsidiary Guarantor Company or the Trustee by notice to the others other may designate additional or different addresses for subsequent notices or communications. All notices and communications shall will be deemed to have been duly given: at the time delivered by hand, if personally delivered; five Business Days after being deposited in the mail, postage prepaid, if maileddelivered by mail; on the first Business Day on or after being sent, if telecopied sent by facsimile and the sender receives confirmation of successful transmission; and the next Business Day after timely delivery to the courier, if sent by overnight air courier guaranteeing next day delivery. Any notice required or permitted to be given to a Holder by the Company, any Subsidiary Guarantor or the Trustee pursuant to under the provisions of this Indenture shall will be deemed to be properly mailed delivered by being deposited postage prepaid in a post office letter box in the United States addressed to such Holder at the address of such Holder as shown on the Debt Security Subordinated Note Register. Any report pursuant to in accordance with Section 313 of the TIA shall Trust Indenture Act will be transmitted in compliance with subsection (c) therein. Notwithstanding If the foregoingCompany delivers a notice or communication to Holders, the Company will deliver a copy to the Trustee at the same time. In any case where notice to Holders of Floating Rate Securities regarding Subordinated Notes is delivered by mail, neither the determination failure to deliver such notice, nor any defect in any notice so delivered, to any particular Holder of a periodic rate Subordinated Note will affect the sufficiency of interest, if such notice with respect to other Holders of Subordinated Notes. Any notice that is required pursuant to Section 2.03, shall be sufficiently given if given delivered in the manner specified pursuant herein provided will be conclusively presumed to Section 2.03have been duly given or provided. In the event case by reason of the suspension of regular mail service or by reason of any other cause it shall will be impracticable to give such notice by mail, then such notification as shall will be given made with the approval of the Trustee shall will constitute a sufficient notice notification for every purpose hereunder. In Where this Indenture provides for notice in any manner, such notice may be waived in writing by the event it shall Person entitled to receive such notice, either before or after the event, and such waiver will be impracticable to give the equivalent of such notice. Waivers of notice by publication, then such notification as shall Holders of Subordinated Notes will be given filed with the approval Trustee, but such filing will not be a condition precedent to the validity of any action taken in reliance upon such waiver. Notwithstanding any other provision herein, where this Indenture provides for notice to any Holder of a Global Subordinated Note, or of an interest therein, such notice will be sufficiently given if given to the Trustee shall constitute sufficient notice Depositary for every purpose hereunder. Failure such Global Subordinated Note (or its designee) according to mail a notice or communication to a Holder or any defect in it or any defect in any notice by publication as to a Holder shall not affect the sufficiency applicable procedures of such notice with respect to other Holders. If a notice or communication is mailed or published in the manner provided above, it is conclusively presumed duly givenDepositary prescribed for giving such notice.

Appears in 1 contract

Samples: Indenture (HarborOne Bancorp, Inc.)

Required Notices or Demands. Any Except as otherwise expressly provided in this Indenture, any notice or communication demand which by any provision of this Indenture is required or permitted to be given or served by the Company, Trustee or by the Subsidiary Guarantors Holders to or the Trustee to the others is duly given if in writing and delivered in Person or mailed by registered or certified mail (return receipt requested), telecopier or overnight air courier guaranteeing next day delivery, to the other’s address: If to on the Company may be given or any Subsidiary Guarantorserved by being deposited postage prepaid in a post office letter box in the United States addressed (until another address is filed by the Company with the Trustee) as follows: Xxxx Centre 0000 Xxxx XxxxxxSnyder Oil Corporation, 00xx Xxxxx Xxxxxxxxxxxx777 Main Street, XX 00000 Fort Worth, Texas 76102, Attention: Chief Financial Officer If Officer. Except as otherwise expressly provided in this Indenture, xxx notice, direction, xxxxxxx xx xxxxxx xx xxx Xxxxxxx xx xx any Holder to or upon the Trustee may be given or made, for all purposes, by being deposited postage prepaid in a post office letter box in the United States addressed to the Trustee: [ ] corporate trust office of the Trustee initially at [TRUSTEE ADDRESS]. The Company, any Subsidiary Guarantor Company or the Trustee by notice to the others other may designate additional or different addresses for subsequent notices or communications. All notices and communications shall be deemed to have been duly given: at the time delivered by hand, if personally delivered; five Business Days after being deposited in the mail, postage prepaid, if mailed; on the first Business Day on or after being sent, if telecopied and the sender receives confirmation of successful transmission; and the next Business Day after timely delivery to the courier, if sent by overnight air courier guaranteeing next day delivery. Any notice required or permitted to a Registered Holder by the Company, any Subsidiary Guarantor Company or the Trustee pursuant to the provisions of this Indenture shall be deemed to be properly mailed by being deposited postage prepaid in a post office letter box in the United States addressed to such Holder at the address of such Holder as shown on the Debt Security Register. Any report pursuant to Section 313 of the TIA Trust Indenture Act shall be transmitted in compliance with subsection (c) therein. Any notice required or permitted to a Bearer Holder by the Company or the Trustee pursuant to this Indenture shall be deemed to be properly given if published on two separate business days in an Authorized Newspaper or Newspapers in such Place or Places of Payment specified pursuant to Section 2.03, the first such publication to be not earlier than the earliest date and not later than two business days prior to the latest date prescribed for the giving of such notice. Notwithstanding the foregoing, any notice to Holders of Floating Rate Debt Securities regarding the determination of a periodic rate of interest, if such notice is required pursuant to Section 2.03, shall be sufficiently given if given in the manner specified pursuant to Section 2.03. In the event of suspension of regular mail service or by reason of any other cause it shall be impracticable to give notice by mail, then such notification as shall be given with the approval of the Trustee shall constitute sufficient notice for every purpose hereunder. In the event of suspension of publication of any Authorized Newspaper or by reason of any other cause it shall be impracticable to give notice by publication, then such notification as shall be given with the approval of the Trustee shall constitute sufficient notice for every purpose hereunder. Failure to mail a notice or communication to a Holder or any defect in it or any defect in any notice by publication as to a Holder shall not affect the sufficiency of such notice with respect to other Holders. If a notice or communication is mailed or published in the manner provided above, it is conclusively presumed duly given.

Appears in 1 contract

Samples: Snyder Oil Corp

Required Notices or Demands. Any notice or communication by the Company, the Subsidiary Guarantors Company or the Trustee to the others other is duly given if in writing and delivered in Person or mailed delivered by registered or certified mail (return receipt requested), telecopier facsimile or overnight air courier guaranteeing next day delivery, to the other’s address: If to the Company or any Subsidiary Guarantor: Company; German American Bancorp, Inc. 000 Xxxx Centre 0000 Xxxx Xxxxxx Xxx 000 Xxxxxx, 00xx Xxxxx Xxxxxxxxxxxx, XX Xxxxxxx 00000 Attention: Chief Financial Officer If to the Trustee: [ ] U.S. Bank National Association Global Corporate Trust 00 Xxxx Xxxxxx Xxxxxx, Xxxxx 000 Xxxxxxxxxxxx, XX 00000 Attention: Xxxxxx X. Xxxx The Company, any Subsidiary Guarantor Company or the Trustee by notice to the others other may designate additional or different addresses for subsequent notices or communications. All notices and communications shall will be deemed to have been duly given: at the time delivered by hand, if personally delivered; five Business Days after being deposited in the mail, postage prepaid, if maileddelivered by mail; on the first Business Day on or after being sent, if telecopied sent by facsimile and the sender receives confirmation of successful transmission; and the next Business Day after timely delivery to the courier, if sent by overnight air courier guaranteeing next day delivery. Any notice required or permitted to be given to a Holder by the Company, any Subsidiary Guarantor or the Trustee pursuant to under the provisions of this Indenture shall will be deemed to be properly mailed delivered by being deposited postage prepaid in a post office letter box in the United States addressed to such Holder at the address of such Holder as shown on the Debt Security Subordinated Note Register. Any report pursuant to in accordance with Section 313 of the TIA shall Trust Indenture Act will be transmitted in compliance with subsection (c) therein. Notwithstanding If the foregoingCompany delivers a notice or communication to Holders, the Company will deliver a copy to the Trustee at the same time. In any case where notice to Holders of Floating Rate Securities regarding Subordinated Notes is delivered by mail, neither the determination failure to deliver such notice, nor any defect in any notice so delivered, to any particular Holder of a periodic rate Subordinated Note will affect the sufficiency of interest, if such notice with respect to other Holders of Subordinated Notes. Any notice that is required pursuant to Section 2.03, shall be sufficiently given if given delivered in the manner specified pursuant herein provided will be conclusively presumed to Section 2.03have been duly given or provided. In the event case by reason of the suspension of regular mail service or by reason of any other cause it shall will be impracticable to give such notice by mail, then such notification as shall will be given made with the approval of the Trustee shall will constitute a sufficient notice notification for every purpose hereunder. In Where this Indenture provides for notice in any manner, such notice may be waived in writing by the event it shall Person entitled to receive such notice, either before or after the event, and such waiver will be impracticable to give the equivalent of such notice. Waivers of notice by publication, then such notification as shall Holders of Subordinated Notes will be given filed with the approval Trustee, but such filing will not be a condition precedent to the validity of any action taken in reliance upon such waiver. Notwithstanding any other provision herein, where this Indenture provides for notice to any Holder of a Global Subordinated Note, or of an interest therein, such notice will be sufficiently given if given to the Trustee shall constitute sufficient notice Depositary for every purpose hereunder. Failure such Global Subordinated Note (or its designee) according to mail a notice or communication to a Holder or any defect in it or any defect in any notice by publication as to a Holder shall not affect the sufficiency Applicable Procedures of such notice with respect to other Holders. If a notice or communication is mailed or published in the manner provided above, it is conclusively presumed duly givenDepositary prescribed for giving such notice.

Appears in 1 contract

Samples: Indenture (German American Bancorp, Inc.)

Required Notices or Demands. Any Except as set forth below, any notice or communication by the Company, the Subsidiary Guarantors Partnership or the Trustee to the others is duly given if in writing (in the English language) and delivered in Person or mailed by registered or certified mail (return receipt requested), telecopier ) or overnight air courier guaranteeing next day delivery, to the other’s address: If to the Company or any Subsidiary GuarantorPartnership: Xxxx Centre 0000 Xxxx XxxxxxMPLX LP c/o MPLX GP LLC 000 X. Xxxxxx Street Findlay, 00xx Xxxxx Xxxxxxxxxxxx, XX 00000 OH 45840 Attention: Chief Financial Officer Vice President, General Counsel and Secretary If to the Trustee: [ ] The Bank of New York Mellon Trust Company, any Subsidiary Guarantor N.A. 000 Xxxxxx Xxxxxx The Chase Center Houston, TX 77002 Attn: Corporate Trust Department – Corporate Finance Unit The Partnership or the Trustee by notice to the others may designate additional or different addresses for subsequent notices or communications. All notices and communications shall be deemed to have been duly given: at the time delivered by hand, if personally delivered; five Business Days after being deposited in the mail, postage prepaid, if mailed; on the first Business Day on or after being sent, if telecopied and the sender receives confirmation of successful transmission; and the next Business Day after timely delivery to the courier, if sent by overnight air courier guaranteeing next day delivery, except in the case of notices or communications given to the Trustee, which shall be effective only upon actual receipt by the Trustee at its Corporate Trust Office. Any notice required or permitted to a Holder by the Company, any Subsidiary Guarantor Partnership or the Trustee pursuant to the provisions of this Indenture shall be deemed to be properly mailed by being deposited postage prepaid in a post office letter box in the United States addressed to such Holder at the address of such Holder as shown on the Debt Security Register. Any report pursuant to Section 313 of the TIA shall be transmitted in compliance with subsection (c) therein. Notwithstanding the foregoing, any notice to Holders of Floating Rate Securities regarding the determination of a periodic rate of interest, if such notice is required pursuant to Section 2.03, shall be sufficiently given if given in the manner specified pursuant to Section 2.03. In the event of suspension of regular mail service or by reason of any other cause it shall be impracticable to give notice by mail, then such notification as shall be given with the approval of the Trustee shall constitute sufficient notice for every purpose hereunder. In the event it shall be impracticable to give notice by publication, then such notification as shall be given with the approval of the Trustee shall constitute sufficient notice for every purpose hereunder. Failure to mail a notice or communication to a Holder or any defect in it or any defect in any notice by publication as to a Holder shall not affect the sufficiency of such notice with respect to other Holders. If a notice or communication is mailed or published in the manner provided above, it is conclusively presumed duly given. The Trustee agrees to accept and act upon notices, instructions, directions or other communications sent by e-mail, facsimile and other similar unsecured electronic methods by persons believed by the Trustee to be authorized to give instructions and directions on behalf of the Partnership. The Trustee shall have no duty or obligation to verify or confirm that the person who sent such instructions or directions is, in fact, a person authorized to give instructions or directions on behalf of the Partnership; and the Trustee shall have no liability for any losses, liabilities, costs or expenses incurred or sustained by the Partnership as a result of such reliance upon or compliance with such notices, instructions, directions or other communications. The Partnership agrees to assume all risks arising out of the use of such electronic methods to submit notices, instructions, directions or other communications to the Trustee, including without limitation the risk of the Trustee acting on unauthorized instructions, and the risk of interception and misuse by third parties. The Partnership shall use all reasonable endeavors to ensure that any such notices, instructions, directions or other communications transmitted to the Trustee pursuant to this Indenture are complete and correct. Any such notices, instructions, directions or other communications shall be conclusively deemed to be valid instructions from the Partnership to the Trustee for the purposes of this Indenture.

Appears in 1 contract

Samples: Senior Indenture (MPLX Lp)

Required Notices or Demands. Any notice or communication by the Company, the Subsidiary Guarantors Company or the Trustee to the others other is duly given if in writing and delivered in Person or mailed delivered by registered or certified mail (return receipt requested), telecopier facsimile or overnight air courier guaranteeing next day delivery, to the other’s address: If to the Company or any Subsidiary Guarantor: Xxxx Centre 0000 Xxxx XxxxxxCompany; Level One Bancorp, 00xx Inc. 00000 Xxxxxxxx Xxxxx XxxxxxxxxxxxFarmington Hills, XX 00000 MI 48334 Attention: Xxxxx X. Xxxxxx Chief Financial Officer Facsimile: (000) 000-0000 If to the Trustee: [ ] Wilmington Trust, National Association 0000 Xxxxx Xxxxxx Xxxxxx Xxxxxxxxxx, Xxxxxxxx 00000 Attention: Level One Bancorp Administrator Facsimile: (000) 000-0000 The Company, any Subsidiary Guarantor Company or the Trustee by notice to the others other may designate additional or different addresses for subsequent notices or communications. All notices and communications shall will be deemed to have been duly given: at the time delivered by hand, if personally delivered; five Business Days after being deposited in the mail, postage prepaid, if maileddelivered by mail; on the first Business Day on or after being sent, if telecopied sent by facsimile and the sender receives confirmation of successful transmission; and the next Business Day after timely delivery to the courier, if sent by overnight air courier guaranteeing next day delivery. Any notice required or permitted to be given to a Holder by the Company, any Subsidiary Guarantor or the Trustee pursuant to under the provisions of this Indenture shall will be deemed to be properly mailed delivered by being deposited postage prepaid in a post office letter box in the United States addressed to such Holder at the address of such Holder as shown on the Debt Security Note Register. Any report pursuant to in accordance with Section 313 of the TIA shall Trust Indenture Act will be transmitted in compliance with subsection (c) therein. Notwithstanding If the foregoingCompany delivers a notice or communication to Holders, the Company will deliver a copy to the Trustee at the same time. In any case where notice to Holders of Floating Rate Securities regarding Notes is delivered by mail, neither the determination failure to deliver such notice, nor any defect in any notice so delivered, to any particular Holder of a periodic rate Note will affect the sufficiency of interest, if such notice with respect to other Holders of Notes. Any notice that is required pursuant to Section 2.03, shall be sufficiently given if given delivered in the manner specified pursuant herein provided will be conclusively presumed to Section 2.03have been duly given or provided. In the event case by reason of the suspension of regular mail service or by reason of any other cause it shall will be impracticable to give such notice by mail, then such notification as shall will be given made with the approval of the Trustee shall will constitute a sufficient notice notification for every purpose hereunder. In Where this Indenture provides for notice in any manner, such notice may be waived in writing by the event it shall Person entitled to receive such notice, either before or after the event, and such waiver will be impracticable to give the equivalent of such notice. Waivers of notice by publication, then such notification as shall Holders of Notes will be given filed with the approval Trustee, but such filing will not be a condition precedent to the validity of any action taken in reliance upon such waiver. Notwithstanding any other provision herein, where this Indenture provides for notice to any Holder of a Global Note, or of an interest therein, such notice will be sufficiently given if given to the Trustee shall constitute sufficient notice Depositary for every purpose hereunder. Failure such Global Note (or its designee) according to mail a notice or communication to a Holder or any defect in it or any defect in any notice by publication as to a Holder shall not affect the sufficiency Applicable Procedures of such notice with respect to other Holders. If a notice or communication is mailed or published in the manner provided above, it is conclusively presumed duly givenDepositary prescribed for giving such notice.

Appears in 1 contract

Samples: Indenture (Level One Bancorp Inc)

Required Notices or Demands. Any Except as otherwise expressly provided in this Indenture, any notice or communication demand which by any provision of this Indenture is required or permitted to be given or served by the CompanyTrustee or by the Holders to or on the Partnership may be given or served by being deposited postage prepaid in a post office letter box in the United States addressed (until another address is filed by the Partnership with the Trustee) as follows: Kaneb Pipe Line Operating Partnership, L.P., 2435 North Central Expressway, Richardson, Texas 75080, Attention: ____________________. Xxxxxx xx xxxxxxxxx xxxxxxxxx xxxxxded in this Indenture, any notice, direction, request or demand by the Subsidiary Guarantors Partnership or by any Holder to or upon the Trustee may be given or made, for all Senior Indenture 8 purposes, by being deposited, postage prepaid, in a post office letter box in the United States addressed to the others is duly given if in writing and delivered in Person or mailed by registered or certified mail (return receipt requested)Corporate Trust Office of the Trustee initially at ________________________________________, telecopier or overnight air courier guaranteeing next day delivery, to the other’s address: If to the Company or any Subsidiary Guarantor: Xxxx Centre 0000 Xxxx Xxxxxx, 00xx Xxxxx Xxxxxxxxxxxx, XX 00000 Attention: Chief Financial Officer If to the Trustee: [ ] [Corporate Trust Administration]. The Company, any Subsidiary Guarantor Partnership or the Trustee by notice to the others other may designate additional or different addresses for subsequent notices or communications. All notices and communications shall be deemed to have been duly given: at the time delivered by hand, if personally delivered; five Business Days after being deposited in the mail, postage prepaid, if mailed; on the first Business Day on or after being sent, if telecopied and the sender receives confirmation of successful transmission; and the next Business Day after timely delivery to the courier, if sent by overnight air courier guaranteeing next day delivery. Any notice required or permitted to a Registered Holder by the Company, any Subsidiary Guarantor Partnership or the Trustee pursuant to the provisions of this Indenture shall be deemed to be properly mailed by being deposited postage prepaid in a post office letter box in the United States addressed to such Holder at the address of such Holder as shown on the Debt Security Register. Any report pursuant to Section 313 of the TIA Trust Indenture Act shall be transmitted in compliance with subsection (c) therein. Notwithstanding the foregoing, any notice to Holders of Floating Rate Securities regarding the determination of a periodic rate of interest, if such notice is required pursuant to Section 2.03, shall be sufficiently given if given in the manner specified pursuant to Section 2.03. In the event of suspension of regular mail service or by reason of any other cause it shall be impracticable to give notice by mail, then such notification as shall be given with the approval of the Trustee shall constitute sufficient notice for every purpose hereunder. In the event it shall be impracticable to give notice by publication, then such notification as shall be given with the approval of the Trustee shall constitute sufficient notice for every purpose hereunder. Failure to mail a notice or communication to a Holder or any defect in it or any defect in any notice by publication as to a Holder shall not affect the sufficiency of such notice with respect to other Holders. If a notice or communication is mailed or published in the manner provided above, it is conclusively presumed duly given.

Appears in 1 contract

Samples: Kaneb Pipe Line Operating Partnership Lp

Required Notices or Demands. Any notice or communication demand which by any provision of this Indenture is required or permitted to be given or served by the Trustee or by the Holders to or on the Company may, except as otherwise provided in Section 5.01(4), be given or served by being deposited postage prepaid in a post office letter box in the United States addressed (until another address is filed by the Company with the Trustee), as follows: to the Company, the Subsidiary Guarantors Ford Motor Company, One American Road, Dearborn, Michigan 48126, Attention: Treasurer. Any xxxxxx, xxxxxxxxx, xxxxxxx xx xxxxxx xx xxe Company or by any Holder to or upon the Trustee may be given or made, for all purposes, by being deposited postage prepaid in a post office letter box in the United States addressed to the others is duly given if in writing and delivered in Person or mailed by registered or certified mail (return receipt requested), telecopier or overnight air courier guaranteeing next day delivery, to the other’s address: If to the Company or any Subsidiary Guarantor: Xxxx Centre 0000 Xxxx Xxxxxx, 00xx Xxxxx Xxxxxxxxxxxx, XX 00000 Attention: Chief Financial Officer If to Corporate Trust Office of the Trustee: [ ] The Company, any Subsidiary Guarantor or the Trustee by notice to the others may designate additional or different addresses for subsequent notices or communications. All notices and communications shall be deemed to have been duly given: at the time delivered by hand, if personally delivered; five Business Days after being deposited in the mail, postage prepaid, if mailed; on the first Business Day on or after being sent, if telecopied and the sender receives confirmation of successful transmission; and the next Business Day after timely delivery to the courier, if sent by overnight air courier guaranteeing next day delivery. Any notice required or permitted to be mailed to a Holder by the Company, any Subsidiary Guarantor Company or the Trustee pursuant to the provisions of this Indenture shall be deemed to be properly mailed by being deposited postage prepaid in a post office letter box in the United States addressed to such Holder at the address of such Holder as shown on the Debt Security Register. Any report pursuant to Section 313 of the TIA shall be transmitted in compliance with subsection (c) therein. Notwithstanding the foregoingIn any case, any where notice to Holders of Floating Rate Securities regarding the determination of a periodic rate of interest, if such notice is required pursuant to Section 2.03, shall be sufficiently given if given in the manner specified pursuant to Section 2.03. In the event of suspension of regular mail service or by reason of any other cause it shall be impracticable to give notice by mail, then such notification as shall be given with neither the approval of the Trustee shall constitute sufficient notice for every purpose hereunder. In the event it shall be impracticable to give notice by publication, then such notification as shall be given with the approval of the Trustee shall constitute sufficient notice for every purpose hereunder. Failure failure to mail a notice or communication to a Holder or any defect in it or such notice, nor any defect in any notice by publication as so mailed, to a any particular Holder shall not affect the sufficiency of such notice with respect to other Holders. If 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 Holders shall be filed with the Trustee, but such filing shall not be a notice condition precedent to the validity of any action taken in reliance upon such waiver. In case, by reason of the suspension of or communication is mailed or published irregularities in the manner provided aboveregular mail service, it shall be impractical to mail notice of any event to Holders when such notice is conclusively presumed duly givenrequired to be given pursuant to any provision of this Indenture, 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

Samples: Ford Motor Co

Required Notices or Demands. Any notice or communication by the Company, the Subsidiary Guarantors or the Trustee to the others is duly given if in writing and delivered in Person or mailed by registered or certified mail (return receipt requested), telecopier or overnight air courier guaranteeing next day delivery, to the other’s address: If to the Company or any Subsidiary Guarantor: Glimcher Realty Trust 100 Xxxx Centre 0000 Xxxxx Xxxxxx Xxxxxxxx, Xxxx Xxxxxx, 00xx Xxxxx Xxxxxxxxxxxx, XX 00000 AttentionAttn: Chief Financial Executive Officer If to the Trustee: [ [____________________] The Company, any Subsidiary Guarantor or the Trustee by notice to the others may designate additional or different addresses for subsequent notices or communications. All notices and communications shall be deemed to have been duly given: at the time delivered by hand, if personally delivered; five Business Days after being deposited in the mail, postage prepaid, if mailed; on the first Business Day on or after being sent, if telecopied and the sender receives confirmation of successful transmission; and the next Business Day after timely delivery to the courier, if sent by overnight air courier guaranteeing next day delivery. Any notice required or permitted to a Holder by the Company, any Subsidiary Guarantor or the Trustee pursuant to the provisions of this Indenture shall be deemed to be properly mailed by being deposited postage prepaid in a post office letter box in the United States addressed to such Holder at the address of such Holder as shown on the Debt Security Register. Any report pursuant to Section 313 of the TIA shall be transmitted in compliance with subsection (c) therein. Notwithstanding the foregoing, any notice to Holders of Floating Rate Securities regarding the determination of a periodic rate of interest, if such notice is required pursuant to Section 2.03, shall be sufficiently given if given in the manner specified pursuant to Section 2.03. In the event of suspension of regular mail service or by reason of any other cause it shall be impracticable to give notice by mail, then such notification as shall be given with the approval of the Trustee shall constitute sufficient notice for every purpose hereunder. In the event it shall be impracticable to give notice by publication, then such notification as shall be given with the approval of the Trustee shall constitute sufficient notice for every purpose hereunder. Failure to mail a notice or communication to a Holder or any defect in it or any defect in any notice by publication as to a Holder shall not affect the sufficiency of such notice with respect to other Holders. If a notice or communication is mailed or published in the manner provided above, it is conclusively presumed duly given.

Appears in 1 contract

Samples: Indenture (Glimcher Realty Trust)

Required Notices or Demands. Any notice or communication by the CompanyIssuers, the Subsidiary Guarantors or the Trustee to the others is duly given if in writing in the English language and delivered in Person or mailed by registered or certified mail (return receipt requested), telecopier or overnight air courier guaranteeing next day delivery, to the other’s address: If to the Company Issuers or any Subsidiary Guarantor: Xxxx Centre 0000 Xxxx XxxxxxArchrock Partners, 00xx L.P. 00000 Xxxxxxxxxx Xxxxx XxxxxxxxxxxxXxxxxxx, XX Xxxxx 00000 Attention: Chief Financial Officer Telecopy No. If to the Trustee: [ ] The CompanyIssuers, any Subsidiary Guarantor or the Trustee by notice to the others may designate additional or different addresses for subsequent notices or communications. All notices and communications shall be deemed to have been duly given: at the time delivered by hand, if personally delivered; five Business Days after being deposited in the mail, postage prepaid, if mailed; on the first Business Day on or after being sent, if telecopied and the sender receives confirmation of successful transmission; and the next Business Day after timely delivery to the courier, if sent by overnight air courier guaranteeing next day delivery. Any notice required or permitted to a Holder by the CompanyIssuers, any Subsidiary Guarantor or the Trustee pursuant to the provisions of this Indenture shall be deemed to be properly mailed by being deposited postage prepaid in a post office letter box in the United States addressed to such Holder at the address of such Holder as shown on the Debt Security Register. Any report pursuant to Section 313 of the TIA shall be transmitted in compliance with subsection (c) therein. Notwithstanding the foregoing, any notice to Holders of Floating Rate Securities regarding the determination of a periodic rate of interest, if such notice is required pursuant to Section 2.03, shall be sufficiently given if given in the manner specified pursuant to Section 2.03. In the event of suspension of regular mail service or by reason of any other cause it shall be impracticable to give notice by mail, then such notification as shall be given with the approval of the Trustee shall constitute sufficient notice for every purpose hereunder. In the event it shall be impracticable to give notice by publication, then such notification as shall be given with the approval of the Trustee shall constitute sufficient notice for every purpose hereunder. Failure to mail a notice or communication to a Holder or any defect in it or any defect in any notice by publication as to a Holder shall not affect the sufficiency of such notice with respect to other Holders. If a notice or communication is mailed or published in the manner provided above, it is conclusively presumed duly given.

Appears in 1 contract

Samples: Indenture (EXLP Finance Corp.)

Required Notices or Demands. Any notice or communication by the CompanyPartnership, the Subsidiary Guarantors or the Trustee to the others is duly given if in writing (in the English language) and delivered in Person or mailed by registered or certified mail (return receipt requested), telecopier or overnight air courier guaranteeing next day delivery, to the other’s address: If to the Company Partnership or any of the Subsidiary GuarantorGuarantors: Xxxx Centre 0000 Xxxx XxxxxxOiltanking Partners, 00xx Xxxxx XxxxxxxxxxxxL.P. 00000 Xxxxxxxxxxx Xxxx. Houston, XX 00000 Texas 77015 Attention: Chief Financial Officer Telecopy No. (000) 000-0000 If to the Trustee: [ ] [ ] [ ] Attention: [ ] Telecopy No.: [ ] The CompanyPartnership, any the Subsidiary Guarantor Guarantors or the Trustee by notice to the others may designate additional or different addresses for subsequent notices or communications. All notices and communications shall be deemed to have been duly given: at the time delivered by hand, if personally delivered; five Business Days after being deposited in the U.S. mail, postage prepaid, if mailed; on the first Business Day on or after being sent, if telecopied and the sender receives confirmation of successful transmission; and the next Business Day after timely delivery to the courier, if sent by overnight air courier guaranteeing next day delivery. Any notice required or permitted to a Holder by the CompanyPartnership, any the Subsidiary Guarantor Guarantors or the Trustee pursuant to the provisions of this Indenture shall be deemed to be properly mailed by being deposited postage prepaid in a post office letter box in the United States addressed to such Holder at the address of such Holder as shown on the Debt Security Register. Any report pursuant to Section 313 of the TIA shall be transmitted in compliance with subsection (c) therein. Notwithstanding the foregoing, any notice to Holders of Floating Rate Debt Securities regarding the determination of a periodic rate of interest, if such notice is required pursuant to Section 2.03, shall be sufficiently given if given in the manner specified pursuant to Section 2.03. In the event of suspension of regular mail service or by reason of any other cause it shall be impracticable to give notice by mail, then such notification as shall be given with the approval of the Trustee shall constitute sufficient notice for every purpose hereunder. In the event it shall be impracticable to give notice by publication, then such notification as shall be given with the approval of the Trustee shall constitute sufficient notice for every purpose hereunder. Failure to mail a notice or communication to a Holder or any defect in it or any defect in any notice by publication as to a Holder shall not affect the sufficiency of such notice with respect to other Holders. If a notice or communication is mailed or published in the manner provided above, it is conclusively presumed duly given.

Appears in 1 contract

Samples: Indenture (Oiltanking Partners, L.P.)

Required Notices or Demands. Any notice or communication by the CompanyIssuers, the Subsidiary Guarantors or the Trustee to the others is duly given if in writing in the English language and delivered in Person or mailed by registered or certified mail (return receipt requested), telecopier or overnight air courier guaranteeing next day delivery, to the other’s address: If to the Company Issuers or any Subsidiary Guarantor: Xxxx Centre Regency Energy Partners LP Regency Energy Finance Corp. 0000 Xxxx Xxxxx Xxxxxx, 00xx Xxxxx XxxxxxxxxxxxSuite 3700 Dallas, XX 00000 Texas 75201 Attention: Chief Financial Legal Officer Facsimile: (000) 000-0000 If to the Trustee: [ ] Xxxxx Fargo Bank, National Association 000 X. Xxxxx Xxxx Xxxxx, Suite 1750 Dallas, Texas 75201 Attention: Corporate Trust Facsimile: (000) 000-0000 The CompanyIssuers, any Subsidiary Guarantor or the Trustee by notice to the others may designate additional or different addresses for subsequent notices or communications. All notices and communications shall be deemed to have been duly given: at the time delivered by hand, if personally delivered; five Business Days after being deposited in the mail, postage prepaid, if mailed; on the first Business Day on or after being sent, if telecopied and the sender receives confirmation of successful transmission; and the next Business Day after timely delivery to the courier, if sent by overnight air courier guaranteeing next day delivery. Any notice required or permitted to a Holder by the CompanyIssuers, any Subsidiary Guarantor or the Trustee pursuant to the provisions of this Indenture shall be deemed to be properly mailed by being deposited postage prepaid in a post office letter box in the United States addressed to such Holder at the address of such Holder as shown on the Debt Security Register, provided, that if the Debt Securities are represented by Global Securities, such notices shall be given pursuant to the applicable procedures of the Depositary and shall be deemed delivered pursuant to such procedures. Any report pursuant to Section 313 of the TIA shall be transmitted in compliance with subsection (c) therein. Notwithstanding the foregoing, any notice to Holders of Floating Rate Securities regarding the determination of a periodic rate of interest, if such notice is required pursuant to Section 2.03, shall be sufficiently given if given in the manner specified pursuant to Section 2.03. In the event of suspension of regular mail service or by reason of any other cause it shall be impracticable to give notice by mail, then such notification as shall be given with the approval of the Trustee shall constitute sufficient notice for every purpose hereunder. In the event it shall be impracticable to give notice by publication, then such notification as shall be given with the approval of the Trustee shall constitute sufficient notice for every purpose hereunder. Failure to mail a notice or communication to a Holder or any defect in it or any defect in any notice by publication as to a Holder shall not affect the sufficiency of such notice with respect to other Holders. If a notice or communication is mailed or published in the manner provided above, it is conclusively presumed duly given.

Appears in 1 contract

Samples: Indenture (Regency Energy Partners LP)

Required Notices or Demands. Any Except as otherwise expressly provided in this Indenture, any notice or communication demand which by any provision of this Indenture is required or permitted to be given or served by the CompanyTrustee or by the Holders to or on the Company may be given or served by being deposited postage prepaid in a post office letter box in the United States addressed (until another address is filed by the Company with the Trustee) as follows: Methanex Corporation, the Subsidiary Guarantors 1800 Waterfront Centre, 200 Burrard Street, Vancouver, British Columbia, Canada V6C 3M1, Attenxxxx: Xxxx Xxxxxxxxx Xxxxxxx. Xxxxxx xx xxxxxxxxx xxxxxxxxx xxxvided in this Indenture, any notice, direction, request or the Trustee to the others is duly given if in writing and delivered in Person or mailed demand by registered or certified mail (return receipt requested), telecopier or overnight air courier guaranteeing next day delivery, to the other’s address: If to the Company or by any Subsidiary Guarantor: Xxxx Centre 0000 Xxxx XxxxxxHolder to or upon the Trustee may be given or made, 00xx Xxxxx Xxxxxxxxxxxxfor all purposes, XX 00000 by being deposited postage prepaid in a post office letter box in the United States addressed to the Corporate Trust Office of the Trustee initially at United States Trust Company of New York, 114 West 47th Street, 15th Floor, New York, NY 10036, Attention: Chief Financial Officer If to the Trustee: [ ] Indenxxxx, xxxxx xx xx Xxxx 00, 0000--Xxxxxxxx Xxxxxxxxxxn. The Company, any Subsidiary Guarantor Company or the Trustee by notice to the others other may designate additional or different addresses for subsequent notices or communications. All notices and communications shall be deemed to have been duly given: at the time delivered by hand, if personally delivered; five Business Days after being deposited in the mail, postage prepaid, if mailed; on the first Business Day on or after being sent, if telecopied and the sender receives confirmation of successful transmission; and the next Business Day after timely delivery to the courier, if sent by overnight air courier guaranteeing next day delivery. 98 Any notice required or permitted to a Registered Holder by the Company, any Subsidiary Guarantor Company or the Trustee pursuant to the provisions of this Indenture shall be deemed to be properly mailed by being deposited postage prepaid in a post office letter box in the United States addressed to such Holder at the address of such Holder as shown on the Debt Security Register. Any report pursuant to Section 313 of the TIA Trust Indenture Act shall be transmitted in compliance with subsection (c) therein. Any notice required or permitted to a Bearer Holder by the Company or the Trustee pursuant to this Indenture shall be deemed to be properly given if published on two separate Business Days in an Authorized Newspaper or Newspapers in such Place or Places of Payment specified pursuant to Section 2.03, the first such publication to be not earlier than the earliest date and not later than two Business Days prior to the latest date prescribed for the giving of such notice. Notwithstanding the foregoing, any notice to Holders of Floating Rate Debt Securities with a floating rate of interest regarding the determination of a such periodic rate of interest, if such notice is required pursuant to Section 2.03, shall be sufficiently given if given in the manner specified pursuant to Section 2.03. In the event of suspension of regular mail service or by reason of any other cause it shall be impracticable to give notice by mail, then such notification as shall be given with the approval of the Trustee shall constitute sufficient notice for every purpose hereunder. In the event of suspension of publication of any Authorized Newspaper or by reason of any other cause it shall be impracticable to give notice by publication, then such notification as shall be given with the approval of the Trustee shall constitute sufficient notice for every purpose hereunder. Failure to mail a notice or communication to a Holder or any defect in it or any defect in any notice by publication as to a Holder shall not affect the sufficiency of such notice with respect to other Holders. If a notice or communication is mailed or published in the manner provided above, it is conclusively presumed presume duly given.

Appears in 1 contract

Samples: Guarantee Agreement (Methanex Corp)

Required Notices or Demands. Any notice or communication by the Company, the Subsidiary Guarantors Company or the Trustee to the others other is duly given if in writing and delivered in Person or mailed delivered by registered or certified mail (return receipt requested), telecopier facsimile, email or overnight air courier guaranteeing next day delivery, to the other’s address: If to the Company or any Subsidiary Guarantor: Company; Northfield Bancorp, Inc. 000 Xxxx Centre 0000 Xxxx XxxxxxXxxxxx Xxxxxxxxxx, 00xx Xxxxx Xxxxxxxxxxxx, XX Xxx Xxxxxx 00000 Attention: Chief Financial Officer Xxxxxxx X. Xxxxxx Email: xxxxxxx@xxxxxxxxxxx.xxx If to the Trustee: [ ] UMB Bank, National Association, as Trustee 0000 Xxx Xxxxxx, Suite 870 Houston, Texas 77056 Attention: Xxxxx X. Xxxxx Email: Xxxxx.Xxxxx@xxx.xxx The Company, any Subsidiary Guarantor Company or the Trustee by notice to the others other may designate additional or different addresses for subsequent notices or communications. All notices and communications shall will be deemed to have been duly given: at the time delivered by hand, if personally delivered; five Business Days after being deposited in the mail, postage prepaid, if maileddelivered by mail; on the first Business Day on or after being sent, if telecopied sent by facsimile and the sender receives confirmation of successful transmission; upon confirmation of transmittal (but excluding any automatic reply to such email), if sent by email; and the next Business Day after timely delivery to the courier, if sent by overnight air courier guaranteeing next day delivery. Any notice required or permitted to be given to a Holder by the Company, any Subsidiary Guarantor or the Trustee pursuant to under the provisions of this Indenture shall will be deemed to be properly mailed delivered by being deposited postage prepaid in a post office letter box in the United States addressed to such Holder at the address of such Holder as shown on the Debt Security RegisterSubordinated Note Register or by delivery electronically through the Applicable Procedures of the Depositary. Any report pursuant to in accordance with Section 313 of the TIA shall Trust Indenture Act will be transmitted in compliance with subsection (c) therein. Notwithstanding If the foregoingCompany delivers a notice or communication to Holders, the Company will deliver a copy to the Trustee at the same time. In any case where notice to Holders of Floating Rate Securities regarding Subordinated Notes is delivered by mail, neither the determination failure to deliver such notice, nor any defect in any notice so delivered, to any particular Holder of a periodic rate Subordinated Note will affect the sufficiency of interest, if such notice with respect to other Holders of Subordinated Notes. Any notice that is required pursuant to Section 2.03, shall be sufficiently given if given delivered in the manner specified pursuant herein provided will be conclusively presumed to Section 2.03have been duly given or provided. In the event case by reason of the suspension of regular mail service or by reason of any other cause it shall will be impracticable to give such notice by mail, then such notification as shall will be given made with the approval of the Trustee shall will constitute a sufficient notice notification for every purpose hereunder. In Where this Indenture provides for notice in any manner, such notice may be waived in writing by the event it shall Person entitled to receive such notice, either before or after the event, and such waiver will be impracticable to give the equivalent of such notice. Waivers of notice by publication, then such notification as shall Holders of Subordinated Notes will be given filed with the approval Trustee, but such filing will not be a condition precedent to the validity of any action taken in reliance upon such waiver. Notwithstanding any other provision herein, where this Indenture provides for notice to any Holder of a Global Subordinated Note, or of an interest therein, such notice will be sufficiently given if given to the Trustee shall constitute sufficient notice Depositary for every purpose hereunder. Failure such Global Subordinated Note (or its designee) according to mail a notice or communication to a Holder or any defect in it or any defect in any notice by publication as to a Holder shall not affect the sufficiency Applicable Procedures of such notice with respect to other Holders. If a notice or communication is mailed or published in the manner provided above, it is conclusively presumed duly givenDepositary prescribed for giving such notice.

Appears in 1 contract

Samples: Northfield Bancorp, Inc.

Required Notices or Demands. Any notice or communication by the CompanyPartnership, the Subsidiary Guarantors or the Trustee to the others is duly given if in writing (in 57 the English language) and delivered in Person or mailed by registered or certified mail (return receipt requested), telecopier or overnight air courier guaranteeing next day delivery, to the other’s address: If to the Company Partnership or any of the Subsidiary GuarantorGuarantors: Xxxx Centre Western Gas Partners, LP 0000 Xxxx XxxxxxXxxxxxx Xxxxx The Woodlands, 00xx Xxxxx Xxxxxxxxxxxx, XX 00000 Texas 77380 Attention: Chief Financial Officer Xxxxxx X. Xxxxxxxx Telecopy No.: (000) 000-0000 If to the Trustee: [ ] Xxxxx Fargo Bank, National Association 0000 Xxxx Xxxxxx, 2nd Floor Dallas, Texas 75202-2812 Attention: Corporate Trust Services Telecopy No.: (000) 000-0000 The CompanyPartnership, any the Subsidiary Guarantor Guarantors or the Trustee by notice to the others may designate additional or different addresses for subsequent notices or communications. All notices and communications shall be deemed to have been duly given: at the time delivered by hand, if personally delivered; five Business Days after being deposited in the mail, postage prepaid, if mailed; on the first Business Day on or after being sent, if telecopied and the sender receives confirmation of successful transmission; and the next Business Day after timely delivery to the courier, if sent by overnight air courier guaranteeing next day delivery. Any notice required or permitted to a Holder by the CompanyPartnership, any the Subsidiary Guarantor Guarantors or the Trustee pursuant to the provisions of this Indenture shall be deemed to be properly mailed by being deposited postage prepaid in a post office letter box in the United States addressed to such Holder at the address of such Holder as shown on the Debt Security Register. Any report pursuant to Section 313 of the TIA shall be transmitted in compliance with subsection (c) therein. Notwithstanding the foregoing, any notice to Holders of Floating Rate Debt Securities regarding the determination of a periodic rate of interest, if such notice is required pursuant to Section 2.03, shall be sufficiently given if given in the manner specified pursuant to Section 2.03. In the event of suspension of regular mail service or by reason of any other cause it shall be impracticable to give notice by mail, then such notification as shall be given with the approval of the Trustee shall constitute sufficient notice for every purpose hereunder. In the event it shall be impracticable to give notice by publication, then such notification as shall be given with the approval of the Trustee shall constitute sufficient notice for every purpose hereunder. Failure to mail a notice or communication to a Holder or any defect in it or any defect in any notice by publication as to a Holder shall not affect the sufficiency of such notice with respect to other Holders. If a notice or communication is mailed or published in the manner provided above, it is conclusively presumed duly given.

Appears in 1 contract

Samples: Indenture (Kerr-McGee Gathering LLC)

Required Notices or Demands. Any notice or communication by the CompanyIssuers, the Subsidiary Guarantors or the Trustee to the others is duly given if in writing in the English language and delivered in Person or mailed by registered or certified mail (return receipt requested), telecopier or overnight air courier guaranteeing next day delivery, to the other’s address: If to the Company Issuers or any Subsidiary Guarantor: Xxxx Centre EV Energy Partners, L.P. 0000 Xxxx Xxxxxx Xxxxxx, 00xx Xxxxx XxxxxxxxxxxxSuite 800 Houston, XX 00000 Texas 77002 Attention: Chief Financial Officer If to the Trustee: [ [____________________________] The CompanyIssuers, any Subsidiary Guarantor or the Trustee by notice to the others may designate additional or different addresses for subsequent notices or communications. All notices and communications shall be deemed to have been duly given: at the time delivered by hand, if personally delivered; five Business Days after being deposited in the mail, postage prepaid, if mailed; on the first Business Day on or after being sent, if telecopied and the sender receives confirmation of successful transmission; and the next Business Day after timely delivery to the courier, if sent by overnight air courier guaranteeing next day delivery. Any notice required or permitted to a Holder by the CompanyIssuers, any Subsidiary Guarantor or the Trustee pursuant to the provisions of this Indenture shall be deemed to be properly mailed by being deposited postage prepaid in a post office letter box in the United States addressed to such Holder at the address of such Holder as shown on the Debt Security Register. Any report pursuant to Section 313 of the TIA shall be transmitted in compliance with subsection (c) therein. Notwithstanding the foregoing, any notice to Holders of Floating Rate Securities regarding the determination of a periodic rate of interest, if such notice is required pursuant to Section 2.03, shall be sufficiently given if given in the manner specified pursuant to Section 2.03. In the event of suspension of regular mail service or by reason of any other cause it shall be impracticable to give notice by mail, then such notification as shall be given with the approval of the Trustee shall constitute sufficient notice for every purpose hereunder. In the event it shall be impracticable to give notice by publication, then such notification as shall be given with the approval of the Trustee shall constitute sufficient notice for every purpose hereunder. Failure to mail a notice or communication to a Holder or any defect in it or any defect in any notice by publication as to a Holder shall not affect the sufficiency of such notice with respect to other Holders. If a notice or communication is mailed or published in the manner provided above, it is conclusively presumed duly given.

Appears in 1 contract

Samples: Indenture (EV Energy Partners, LP)

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