Required Notices or Demands. Any notice or communication by the Company or the Trustee to the other is duly given if in writing and delivered in Person or delivered by registered or certified mail (return receipt requested), or facsimile or overnight air courier guaranteeing next day delivery, to the other’s address: If to the Company: City Holding Company 00 Xxxxxxxxx Xxxx Charleston, West Virginia 25313 Attention: Xxxxxxx X. Xxxxxxxxx, President and Chief Executive Officer Facsimile: [____________] With a copy (which shall not constitute notice to): Xxxxxxxx & Shohl LLP 000 X. Xxxxx Xx., Xxxxx 0000 Cincinnati, Ohio 45202 Attention: Xxxxxxx X. Xxxxxx, Esq. and Xxxxxxxxx Xxxxxxxx, Esq. Facsimile: (000) 000-0000 If to the Trustee: [________________________] [________________________] [________________________] Attention: [___________________] Facsimile: [___________________] The Company or the Trustee, by notice to the other, may designate additional or different addresses for subsequent notices or communications. All notices and communications will be deemed to have been duly given: (i) at the time delivered by hand, if personally delivered; (ii) five Business Days after being deposited in the mail, postage prepaid, if delivered by mail; (iii) on the first Business Day after being sent, if sent by facsimile and the sender receives confirmation of successful transmission; and (iv) 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 pursuant to this Indenture sent by unsecured facsimile, provided, however, that the Trustee shall not be liable for any losses arising directly or indirectly from the Trustee’s reliance upon and compliance with such instructions and the party providing instructions by unsecured facsimile agrees to assume all risks arising out of the use of such unsecured method to deliver instructions to the Trustee, including the risk of the Trustee acting on unauthorized instructions and the risk of interception and misuse by third parties. Any notice required or permitted to be given to a Holder of Registered Securities under the provisions of this Indenture will be deemed to be properly 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 Security Register. Any notice required or permitted to be given to a Holder of Bearer Securities under the provisions of this Indenture will be deemed to be properly delivered by publication thereof in an Authorized Newspaper in the City of New York. Any report in accordance with Section 313 of the Trust Indenture Act will be transmitted in compliance with subsection (c) therein. If the Company 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 Registered Securities is delivered by mail, neither the failure to deliver such notice, nor any defect in any notice so delivered, to any particular Holder of a Registered Security will affect the sufficiency of such notice with respect to other Holders of Debt Securities. Any notice that is delivered in the manner herein provided will be conclusively presumed to have been duly given or provided. In the case by reason of the suspension of regular mail service or by reason of any other cause it will be impracticable to give such notice by mail, then such notification as will be made with the approval of the Trustee will constitute a sufficient notification for every purpose hereunder. In any case where notice to Holders of Bearer Securities is given by publication, neither failure to give notice by publication, nor any defect in any notice so published, will affect the sufficiency of such notice with respect to other Holders of Debt Securities. In the case by reason of the suspension of publication of any Authorized Newspaper or by reason of any other cause it will be impracticable to give notice to Holders of Bearer Securities as provided above, then such notification as will be made with the approval of the Trustee will constitute a sufficient notification for every purposes hereunder. 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 will be the equivalent of such notice. Waivers of notice by Holders of Debt Securities will be filed with the 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 Debt Security, or of an interest therein, such notice will be sufficiently given if given to the Depositary for such Global Debt Security (or its designee) according to the Applicable Procedures of such Depositary prescribed for giving such notice.
Appears in 4 contracts
Samples: Indenture (City Holding Co), Indenture (City Holding Co), Indenture (City Holding Co)
Required Notices or Demands. Any notice or communication by the Company Issuers, the Guarantors or the Trustee to the other others is duly given if in writing and delivered in Person or delivered mailed by registered or certified mail (return receipt requested), or facsimile telecopier or overnight air courier guaranteeing next day delivery, to the other’s address: If to the Companyan Issuer or any Guarantor: City Holding Company 00 Xxxxxxxxx Xxxx CharlestonMPT Operating Partnership, West Virginia 25313 Attention: Xxxxxxx X. XxxxxxxxxL.P. MPT Finance Corporation c/o Medical Properties Trust, President and Chief Executive Officer Facsimile: [____________] With a copy (which shall not constitute notice to): Xxxxxxxx & Shohl LLP 000 X. Inc. 0000 Xxxxx Xx.Xxxxxx Xxxxx, Xxxxx 0000 Cincinnati000 Xxxxxxxxxx, Ohio 45202 Attention: Xxxxxxx X. Xxxxxx, Esq. and Xxxxxxxxx Xxxxxxxx, Esq. XX 00000 Facsimile: (000) 000-0000 Attention: R. Xxxxxx Xxxxxx By e-mail: xxxxxxx@xxxxxxxxxxxxxxxxxxxxxx.xxx with a copy to: Xxxxxxx Procter LLP 00 Xxxxx Xxxxxx Xxxxxx, XX 00000 Facsimile: (000) 000-0000 Attention: Xxxxx P.C. Xxxxx, Esq. By e-mail: xxxxxx@xxxxxxxxxxxxxx.xxx If to the Trustee: [________________________] [________________________] [________________________] Wilmington Trust, National Association Xxxxxx Square North 0000 X. Xxxxxx Xxxxxx Xxxxxxxxxx, XX 00000-0000 Attention: [___________________] Corporate Trust Administration Telephone: (000) 000-0000 Facsimile: [___________________] (000) 000-0000 via email to XXxxx@XxxxxxxxxxXxxxx.xxx The Company Issuers, the Guarantors or the Trustee, Trustee by notice to the other, others may designate additional or different addresses for subsequent notices or communications. All notices and communications will shall be deemed to have been duly given: (i) at the time delivered by hand, if personally delivered; (ii) five Business Days after being deposited in the mail, postage prepaid, if delivered by mailmailed; (iii) on the first Business Day on or after being sent, if sent by facsimile telecopied and the sender receives confirmation of successful transmission; and (iv) 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 pursuant to this Indenture sent by unsecured facsimile, provided, however, that the Trustee shall not be liable for any losses arising directly or indirectly from the Trustee’s reliance upon and compliance with such instructions and the party providing instructions by unsecured facsimile agrees to assume all risks arising out of the use of such unsecured method to deliver instructions to the Trustee, including the risk of the Trustee acting on unauthorized instructions and the risk of interception and misuse by third parties. Any notice required or permitted to be given to a Holder of Registered Securities under by the Issuers, the Guarantors or the Trustee pursuant to the provisions of this Indenture will shall be deemed to be properly delivered 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 notice required or permitted report pursuant to be given to a Holder of Bearer Securities under the provisions of this Indenture will be deemed to be properly delivered by publication thereof in an Authorized Newspaper in the City of New York. Any report in accordance with Section 313 of the Trust Indenture Act will TIA shall be transmitted in compliance with subsection (c) therein. If Notwithstanding the Company delivers a notice or communication to Holdersforegoing, the Company will deliver a copy to the Trustee at the same time. In any case where notice to Holders of Registered Floating Rate Securities is delivered by mail, neither regarding the failure to deliver such notice, nor any defect in any notice so delivered, to any particular Holder determination of a Registered Security will affect the sufficiency periodic rate of interest, if such notice with respect is required pursuant to other Holders of Debt Securities. Any notice that is delivered Section 2.03, shall be sufficiently given if given in the manner herein provided will be conclusively presumed specified pursuant to have been duly given or providedSection 2.03. In the case by reason event of the suspension of regular mail service or by reason of any other cause it will shall be impracticable to give such notice by mail, then such notification as will shall be made given with the approval of the Trustee will shall constitute a sufficient notification notice for every purpose hereunder. In any case where notice to Holders of Bearer Securities is given by publication, neither failure the event it shall be impracticable to give notice by publication, nor 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 so published, will by publication as to a Holder shall not affect the sufficiency of such notice with respect to other Holders of Debt SecuritiesHolders. In If a notice or communication is mailed or published in the case by reason of the suspension of publication of any Authorized Newspaper or by reason of any other cause it will be impracticable to give notice to Holders of Bearer Securities as manner provided above, then such notification as will be made with the approval of the Trustee will constitute a sufficient notification for every purposes hereunder. 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 will be the equivalent of such notice. Waivers of notice by Holders of Debt Securities will be filed with the Trustee, but such filing will not be a condition precedent to the validity of any action taken in reliance upon such waiverit is conclusively presumed duly given. Notwithstanding any other provision hereinof this Indenture or any Note, where this Indenture or any Note provides for notice of any event (including any notice of redemption) to any Holder a Noteholder of a Global Debt Security, Note (whether by mail or of an interest thereinotherwise), such notice will shall be sufficiently given if given to the Depositary for such Global Debt Security Note (or its designee) according pursuant to the Applicable Procedures applicable procedures of such Depositary prescribed for giving such noticethe Depositary.
Appears in 2 contracts
Samples: MPT Operating Partnership, L.P., MPT of West Anaheim, LLC
Required Notices or Demands. Any notice or communication by the Company or the Trustee to the other is duly given if in writing and delivered in Person or delivered mailed by registered or certified mail (return receipt requested), or facsimile or overnight air courier guaranteeing next day delivery, to the other’s address: If to the Company: City Holding Company 00 Xxxxxxxxx ; Eastern Virginia Bankshares, Inc. 000 Xxxxxxxx Xxxx CharlestonXxxxxxxxxxxx, West Virginia 25313 Xxxxxxxx 00000 Attention: Xxxxxxx Xxx X. XxxxxxxxxXxxxxxx, President and Chief Executive Officer Facsimile: [____________] (000) 000-0000 With a copy (which shall not constitute notice notice) to): : Xxxxxxxx & Shohl Xxxxxxx LLP 000 X. 0000 Xxxxxx Xxxxx Xx.Xxxxxxxx, Xxxxx 0000 Cincinnati, Ohio 45202 Xxxxxxxx 00000 Attention: Xxxxxxx Xxxxx X. Xxxxxx, Esq. and Xxxxxxxxx Xxxxxxxx, Esq. Xxxx III Facsimile: (000) 000-0000 If to the Trustee: [________________________] [________________________] [________________________] U.S. Bank National Association, as Trustee 0000 Xxxx Xxxx Xxxxxx, 18th Floor Richmond, Virginia 23219 Attention: [___________________] Xxxxxxx X. Xxxxx, Vice President Facsimile: [___________________] (000) 000-0000 The Company or the Trustee, Trustee by notice to the other, other may designate additional or different addresses for subsequent notices or communications. All notices and communications will be deemed to have been duly given: (i) at the time delivered by hand, if personally delivered; (ii) five Business Days after being deposited in the mail, postage prepaid, if delivered by mailmailed; (iii) on the first Business Day after being sent, if sent by facsimile and the sender receives confirmation of successful transmission; and (iv) 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 pursuant to this Indenture sent by unsecured facsimile, provided, however, that the Trustee shall not be liable for any losses arising directly or indirectly from the Trustee’s reliance upon and compliance with such instructions and the party providing instructions by unsecured facsimile agrees to assume all risks arising out of the use of such unsecured method to deliver instructions to the Trustee, including the risk of the Trustee acting on unauthorized instructions and the risk of interception and misuse by third parties. Any notice required or permitted to be given to a Holder of Registered Securities under the provisions of this Indenture will be deemed to be properly delivered 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 Security Subordinated Note Register. Any notice required or permitted to be given to a Holder of Bearer Securities under the provisions of this Indenture will be deemed to be properly delivered by publication thereof in an Authorized Newspaper in the City of New York. Any report in accordance with Section 313 of the Trust Indenture Act will be transmitted in compliance with subsection (c) therein. If the Company delivers mails a notice or communication to Holders, the Company will deliver mail a copy to the Trustee at the same time. In any case where notice to Holders of Registered Securities Subordinated Notes is delivered given by mail, neither the failure to deliver mail such notice, nor any defect in any notice so deliveredmailed, to any particular Holder of a Registered Security Subordinated Note will affect the sufficiency of such notice with respect to other Holders of Debt SecuritiesSubordinated Notes. Any notice that is delivered mailed in the manner herein provided will be conclusively presumed to have been duly given or provided. In the case by reason of the suspension of regular mail service or by reason of any other cause it will be impracticable to give such notice by mail, then such notification as will be made with the approval of the Trustee will constitute a sufficient notification for every purpose hereunder. In any case where notice to Holders of Bearer Securities is given by publication, neither failure to give notice by publication, nor any defect in any notice so published, will affect the sufficiency of such notice with respect to other Holders of Debt Securities. In the case by reason of the suspension of publication of any Authorized Newspaper or by reason of any other cause it will be impracticable to give notice to Holders of Bearer Securities as provided above, then such notification as will be made with the approval of the Trustee will constitute a sufficient notification for every purposes hereunder. 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 will be the equivalent of such notice. Waivers of notice by Holders of Debt Securities Subordinated Notes will be filed with the 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 Debt SecuritySubordinated Note, or of an interest therein, such notice will be sufficiently given if given to the Depositary for such Global Debt Security Subordinated Note (or its designee) according to the Applicable Procedures applicable procedures of such Depositary prescribed for giving such notice.
Appears in 1 contract
Samples: Eastern Virginia Bankshares Inc