Addresses for Notices, Etc. 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 of Securities to or on the Company or the Guarantor may be given or served by being deposited postage prepaid first class mail in a post office letter box addressed (until another address is filed by the Company with the Trustee), as follows: if to the Company, Aon plc, ▇ ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇, ▇▇▇▇▇▇▇, Attention: Treasurer; and if to the Guarantor, Aon Corporation, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, Chicago, Illinois 60601, Attention: Treasurer. Any notice, direction, request or demand by the Company or the Guarantor, or any Securityholder to or upon the Trustee shall be deemed to have been sufficiently given or made, for all purposes, if given or made in writing at its Corporate Trust Department, ▇ ▇. ▇▇▇▇▇▇▇ Street, Suite 1020, Chicago, Illinois 60602, or at any other address previously furnished in writing to the Company by the Trustee. 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 Issuer elects to give the Trustee e-mail or facsimile instructions (or instructions by a similar electronic method) and the Trustee in its reasonable discretion elects to act upon such instructions, the Trustee’s understanding of such instructions shall be deemed controlling, absent gross negligence or manifest error. The Trustee shall not be liable for any losses, costs or expenses arising directly or indirectly from the Trustee’s prior reliance upon and compliance with such instructions notwithstanding such instructions conflict or are inconsistent with a subsequent written instruction. The Issuer agrees to assume all risks arising out of the use of any 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.
Appears in 5 contracts
Sources: Indenture (Aon PLC), Indenture (Aon PLC), Indenture (Aon PLC)
Addresses for Notices, Etc. 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 of Securities to or on the Company or the Guarantor may be given or served by being deposited postage prepaid first class mail in a post office letter box addressed (until another address is filed by the Company with the Trustee), as follows: if to the Company, Aon plc, ▇▇▇ ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇, ▇▇▇▇▇▇▇, Attention: Treasurer; and if to the Guarantor, Aon Corporation, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, Chicago, Illinois 60601, Attention: Treasurer. Any notice, direction, request or demand by the Company or the Guarantor, or any Securityholder to or upon the Trustee shall be deemed to have been sufficiently given or made, for all purposes, if given or made in writing at its Corporate Trust Department, ▇ ▇. ▇▇▇▇▇▇▇ Street, Suite 1020, Chicago, Illinois 60602, or at any other address previously furnished in writing to the Company by the Trustee. 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 Issuer elects to give the Trustee e-mail or facsimile instructions (or instructions by a similar electronic method) and the Trustee in its reasonable discretion elects to act upon such instructions, the Trustee’s understanding of such instructions shall be deemed controlling, absent gross negligence or manifest error. The Trustee shall not be liable for any losses, costs or expenses arising directly or indirectly from the Trustee’s prior reliance upon and compliance with such instructions notwithstanding such instructions conflict or are inconsistent with a subsequent written instruction. The Issuer agrees to assume all risks arising out of the use of any 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.
Appears in 3 contracts
Sources: Indenture (Aon PLC), Indenture (Aon Corp), Indenture (Aon Corp)
Addresses for Notices, Etc. Any notice or demand which by any provision of this Indenture is required communication to the Company, the Guarantor or permitted to be given or served by the Trustee shall be sufficiently given if in writing in English and delivered in person or mailed by the Holders of Securities certified or registered mail (return receipt requested), e-mail in PDF format, facsimile, or overnight courier guaranteeing next day delivery, addressed as follows: If to or on the Company or the Guarantor may be given or served by being deposited postage prepaid first class mail in a post office letter box addressed (until another address is filed by the Company with Guarantor: Transocean Inc. ▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇ P.O. Box 10342 Grand Cayman, Cayman Islands KY1-1003 Attention: Chief Financial Officer If to the Trustee), as follows: if to the Computershare Trust Company, Aon plc, N.A. ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇, ▇▇▇▇▇▇▇, Attention: Treasurer; and if to the Guarantor, Aon Corporation, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇ Attention: Corporate Trust Office and Computershare Trust Company of Canada ▇▇, Chicago, Illinois 60601, Attention: Treasurer. Any notice, direction, request or demand by the Company or the Guarantor, or any Securityholder to or upon the Trustee shall be deemed to have been sufficiently given or made, for all purposes, if given or made in writing at its Corporate Trust Department, ▇▇ ▇. ▇▇▇▇▇-▇▇▇▇▇▇▇▇ StreetBoulevard, Suite 10207th Floor Montreal, ChicagoQuebec H3A 3S8 Attention: Corporate Trust Office The Company, Illinois 60602, the Guarantor or at any other address previously furnished in writing the Trustee by notice to the Company by the Trusteeothers may designate additional or different addresses for subsequent notices or communications. The Trustee agrees to accept and act upon instructions or directions pursuant to this Indenture sent by unsecured e-mail, pdfmail in PDF format, 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 Issuer Company or the Guarantor elects to give the Trustee e-mail in PDF format or facsimile instructions (or instructions by a similar electronic method) and the Trustee in its reasonable discretion elects to act upon such instructions, the Trustee’s reasonable understanding of such instructions shall be deemed controlling, absent gross negligence or manifest error. The Trustee shall not be liable for any losses, costs or expenses arising directly or indirectly from the Trustee’s prior reasonable reliance upon and compliance with such instructions notwithstanding such instructions conflict or are inconsistent with a subsequent written instruction. The Issuer Each of the Company and the Guarantor agrees to assume all risks arising out of incidents of actual use by the use Company and the Guarantor of any such electronic methods to submit instructions and directions to the Trustee, including without limitation the risk of the Trustee acting on unauthorized instructions, instructions and the risk or of interception and misuse by third parties. All notices and communications described above 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 sent, if by e-mail in PDF format; when receipt acknowledged, if faxed; and the next Business Day after timely delivery to the courier, if sent by overnight courier guaranteeing next day delivery. Any notice or communication delivered or to be delivered to a Holder of Physical Bonds shall be mailed to it by first class mail, postage prepaid, at its address as it appears on the Bond Register and shall be sufficiently given to it if so mailed within the time prescribed. Any notice or communication delivered or to be delivered to a Holder of Global Bonds shall be delivered in accordance with the applicable procedures of the Depositary and shall be sufficiently given to it if so delivered within the time prescribed. Failure to mail or deliver a notice or communication to a Holder or any defect in it shall not affect its sufficiency with respect to other Holders. If a notice or communication is mailed or delivered, as the case may be, in the manner provided above, it is duly given, whether or not the addressee receives it.
Appears in 2 contracts
Sources: Indenture (Transocean Ltd.), Indenture (Transocean Inc)
Addresses for Notices, Etc. Any notice or demand which that by any provision of this Indenture is required or permitted to be given or served by the Trustee or by the Holders of Securities to or on the Company shall be deemed to have been sufficiently given or the Guarantor may be made, for all purposes if given or served by overnight courier or by being deposited postage prepaid first class by registered or certified mail in a post office letter box addressed (until another address is filed by the Company with the Trustee)) to Flexion Therapeutics, as follows: if to the CompanyInc., Aon plc, ▇▇ ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇, ▇▇▇▇▇▇▇, Attention: Treasurer; and if to the Guarantor, Aon Corporation, ▇▇▇ ▇▇, ▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, Chicago, Illinois 60601, Attention: TreasurerGeneral Counsel. Any notice, direction, request or demand by the Company or the Guarantor, or any Securityholder hereunder to or upon the Trustee shall be deemed to have been sufficiently given or made, for all purposes, if given or made served by being deposited postage prepaid by registered or certified mail in writing at its a post office letter box addressed to the Corporate Trust DepartmentOffice or sent electronically in PDF format. The Trustee, ▇ ▇. ▇▇▇▇▇▇▇ Street, Suite 1020, Chicago, Illinois 60602, or at any other address previously furnished in writing by notice to the Company by the TrusteeCompany, may designate additional or different addresses for subsequent notices or communications. The Trustee agrees shall have the right, but shall not be required, to accept rely upon and act upon comply with instructions or and directions pursuant to this Indenture sent by unsecured e-mail, pdf, facsimile transmission or and other similar unsecured electronic methodsmethods by persons believed by the Trustee to be authorized to give instructions and directions on behalf of the Company or any Person. The Trustee shall have no duty or obligation to verify or confirm that the Person who sent such instructions or directions is, providedin fact, however, that a Person authorized to give instructions or directions on behalf of the Company; and 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 Issuer elects to give the Trustee e-mail or facsimile instructions (or instructions by a similar electronic method) and the Trustee in its reasonable discretion elects to act upon such instructions, the Trustee’s understanding of such instructions shall be deemed controlling, absent gross negligence or manifest error. The Trustee shall not be liable no liability for any losses, liabilities, costs or expenses arising directly incurred or indirectly from sustained by the Trustee’s prior Company as a result of such reliance upon and or compliance with such instructions notwithstanding such instructions conflict or are inconsistent with a subsequent written instructiondirections. The Issuer Company agrees to assume all risks arising out of the use of any such electronic methods to submit instructions and directions to the Trustee, including including, without limitation limitation, the risk of the Trustee acting on unauthorized instructions, and the risk or of interception and misuse by third parties. Any notice or communication delivered or to be delivered to a Holder of Physical Notes shall be mailed to it by first class mail, postage prepaid, at its address as it appears on the Note Register and shall be sufficiently given to it if so mailed within the time prescribed. Any notice or communication delivered or to be delivered to a Holder of Global Notes shall be delivered in accordance with the Applicable Procedures and shall be sufficiently given to it if so delivered within the time prescribed. Notwithstanding any other provision of this Indenture or any Note, where this Indenture or any Note provides for notice of any event (including any Notice of Redemption or Fundamental Change Company Notice) to a Holder of a Global Note (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. Failure to mail or deliver a notice or communication to a Holder or any defect in it shall not affect its sufficiency with respect to other Holders. If a notice or communication is mailed or delivered, as the case may be, in the manner provided above, it is duly given, whether or not the addressee receives it. In case by reason of the suspension of regular mail service or by reason of any other cause it shall be impracticable to give such notice to Holders by mail, then such notification as shall be made with the approval of the Trustee shall constitute a sufficient notification for every purpose hereunder.
Appears in 2 contracts
Sources: Indenture (Pacira BioSciences, Inc.), Indenture (Flexion Therapeutics Inc)
Addresses for Notices, Etc. 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 of Securities to or on the Company or the Guarantor may be given or served by being deposited postage prepaid first class mail in a post office letter box addressed (until another address is filed by the Company with the Trustee), as follows: if to the Company, Aon plcAccenture Capital Inc., ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇▇, Attention: Treasurer▇▇▇▇▇ ▇. ▇▇▇▇▇▇; and if to the Guarantor, Aon CorporationAccenture plc, c/o Accenture LLP, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, Chicago▇▇▇▇▇▇▇, Illinois 60601▇▇ ▇▇▇▇▇, Attention: Treasurer▇▇▇▇▇ ▇. ▇▇▇▇▇▇. Any notice, direction, request or demand by the Company or the Guarantor, or any Securityholder to or upon the Trustee shall be deemed to have been sufficiently given or made, for all purposes, if given or made in writing at its Corporate Trust Department, ▇▇▇ ▇. ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇, Suite 6200B, Floor 62, Mailbox #44, Chicago, Illinois 60606, Email: ▇▇▇▇.▇▇▇▇▇▇▇ Street▇@▇▇▇.▇▇▇, Suite 1020, Chicago, Illinois 60602Phone: ▇▇▇-▇▇▇-▇▇▇▇, or at any other address previously furnished in writing to the Company by the Trustee. The Trustee agrees shall have the right to accept and act upon instructions, including funds transfer instructions or directions (“Instructions”) given pursuant to this Indenture sent by unsecured e-mail, pdf, facsimile transmission or other similar unsecured electronic methods, and delivered using Electronic Means; provided, however, that the Issuer and/or the Guarantor, as applicable, shall provide to the Trustee shall have received an incumbency certificate listing persons designated officers with the authority to give provide such instructions or directions Instructions (“Authorized Officers”) and containing specimen signatures of such designated personsAuthorized Officers, which such incumbency certificate shall be amended and replaced by the Issuer and/or the Guarantor, as applicable, whenever a person is to be added or deleted from the listing. If the Issuer and/or the Guarantor, as applicable, elects to give the Trustee e-mail or facsimile instructions (or instructions by a similar electronic method) Instructions using Electronic Means and the Trustee in its reasonable discretion elects to act upon such instructionsInstructions, the Trustee’s understanding of such instructions Instructions shall be deemed controlling. The Issuer and the Guarantor understand and agree that the Trustee cannot determine the identity of the actual sender of such Instructions and that the Trustee shall conclusively presume that directions that purport to have been sent by an Authorized Officer listed on the incumbency certificate provided to the Trustee have been sent by such Authorized Officer. The Issuer and the Guarantor shall be responsible for ensuring that only Authorized Officers transmit such Instructions to the Trustee and that the Issuer, absent gross negligence or manifest errorthe Guarantor and all Authorized Officers are solely responsible to safeguard the use and confidentiality of applicable user and authorization codes, passwords and/or authentication keys upon receipt by the Issuer and/or the Guarantor, as applicable. The Trustee shall not be liable for any losses, costs or expenses arising directly or indirectly from the Trustee’s prior reliance upon and compliance with such instructions Instructions notwithstanding such instructions directions conflict or are inconsistent with a subsequent written instruction. The Issuer agrees and the Guarantor agree: (i) to assume all risks arising out of the use of any such electronic methods Electronic Means to submit instructions and directions Instructions to the Trustee, including without limitation the risk of the Trustee acting on unauthorized instructionsInstructions, and the risk or of interception and misuse by third parties; (ii) that it is fully informed of the protections and risks associated with the various methods of transmitting Instructions to the Trustee and that there may be more secure methods of transmitting Instructions than the method(s) selected by the Issuer and/or the Guarantor, as applicable; (iii) that the security procedures (if any) to be followed in connection with its transmission of Instructions provide to it a commercially reasonable degree of protection in light of its particular needs and circumstances; and (iv) to notify the Trustee immediately upon learning of any compromise or unauthorized use of the security procedures.
Appears in 2 contracts
Sources: Indenture (Accenture PLC), Indenture (Accenture Global Capital DAC)
Addresses for Notices, Etc. Any notice or demand which that by any provision of this Indenture is required or permitted to be given or served by the Trustee or by the Holders of Securities to or on the Company shall be deemed to have been sufficiently given or the Guarantor may be made, for all purposes if given or served by overnight courier or by being deposited postage prepaid first class by registered or certified mail in a post office letter box addressed (until another address is filed by the Company with the Trustee)) to Pacira BioSciences, as follows: if to the Company, Aon plcInc., ▇ ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇, ▇▇▇▇▇▇▇, Attention: Treasurer; and if to the Guarantor, Aon Corporation, ▇▇▇ ▇▇, ▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, Chicago, Illinois 60601, Attention: TreasurerChief Financial Officer or sent electronically in PDF format. Any notice, direction, request or demand by the Company or the Guarantor, or any Securityholder hereunder to or upon the Trustee shall be deemed to have been sufficiently given or made, for all purposes, if given or made served by being deposited postage prepaid by registered or certified mail in writing at its a post office letter box addressed to the Corporate Trust DepartmentOffice or sent electronically in PDF format. The Trustee, ▇ ▇. ▇▇▇▇▇▇▇ Street, Suite 1020, Chicago, Illinois 60602, or at any other address previously furnished in writing by notice to the Company by the TrusteeCompany, may designate additional or different addresses for subsequent notices or communications. 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 Issuer Company elects to give the Trustee e-mail or facsimile instructions (or instructions by a similar electronic method) and the Trustee in its reasonable discretion elects to act upon such instructions), the Trustee’s understanding of such instructions shall be deemed controlling, absent gross negligence or manifest error. The Trustee shall not be liable for any losses, costs or expenses arising directly or indirectly from the Trustee’s prior reliance upon and compliance with such instructions notwithstanding that such instructions may conflict or are inconsistent with a subsequent written instruction. The Issuer Company agrees to assume all risks arising out of the use of any 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 of interception and misuse by third parties. Any notice or communication mailed to a Holder shall be mailed to it by first class mail, postage prepaid, at its address as it appears on the Note Register and shall be sufficiently given to it if so mailed within the time prescribed; provided, however, that notices given to Holders of any Global Note may be given through the facilities of the Depositary therefor (and notice provided in such manner will be deemed to be “written” notice and to satisfy any requirement in this Indenture or the Notes to “mail” notice to the applicable Holder). Failure to mail a notice or communication to a Holder or any defect in it shall not affect its sufficiency with respect to other Holders. If a notice or communication is mailed in the manner provided above, it is duly given, whether or not the addressee receives it. In case by reason of the suspension of regular mail service or by reason of any other cause it shall be impracticable to give such notice to Holders by mail, then such notification as shall be made with the approval of the Trustee shall constitute a sufficient notification for every purpose hereunder.
Appears in 1 contract
Sources: Indenture (Pacira BioSciences, Inc.)
Addresses for Notices, Etc. Any notice or demand which that by any provision of this Indenture is required or permitted to be given or served by the Trustee or by the Holders of Securities to or on the Company shall be deemed to have been sufficiently given or the Guarantor may be made, for all purposes if given or served by overnight courier or by being deposited postage prepaid first class by registered or certified mail in a post office letter box addressed (until another address is filed by the Company with the Trustee)) to Pacira BioSciences, as follows: if to the CompanyInc., Aon plc, ▇ ▇▇▇▇5 ▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇, ▇▇▇▇▇▇▇, Attention: Treasurer; and if to the Guarantor, Aon Corporation, ▇▇▇ ▇▇, ▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, Chicago, Illinois 60601, Attention: TreasurerChief Financial Officer or sent electronically in PDF format. Any notice, direction, request or demand by the Company or the Guarantor, or any Securityholder hereunder to or upon the Trustee shall be deemed to have been sufficiently given or made, for all purposes, if given or made served by being deposited postage prepaid by registered or certified mail in writing at its a post office letter box addressed to the Corporate Trust DepartmentOffice or sent electronically in PDF format. The Trustee, ▇ ▇. ▇▇▇▇▇▇▇ Street, Suite 1020, Chicago, Illinois 60602, or at any other address previously furnished in writing by notice to the Company by the TrusteeCompany, may designate additional or different addresses for subsequent notices or communications. 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 Issuer Company elects to give the Trustee e-mail or facsimile instructions (or instructions by a similar electronic method) and the Trustee in its reasonable discretion elects to act upon such instructions), the Trustee’s understanding of such instructions shall be deemed controlling, absent gross negligence or manifest error. The Trustee shall not be liable for any losses, costs fees, costs, damages or expenses arising directly or indirectly from the Trustee’s prior reliance upon and compliance with such instructions notwithstanding that such instructions may conflict or are inconsistent with a subsequent written instruction. The Issuer Company agrees to assume all risks arising out of the use of any 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 of interception and misuse by third parties. 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 email, 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 Company. 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 Company; and the Trustee shall have no liability for any losses, liabilities, costs or expenses incurred or sustained by the Company a result of such reliance upon or compliance with such notices, instructions, directions or other communications. The Company 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 Company 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 Company to the Trustee for the purposes of this Indenture. Any notice or communication mailed to a Holder shall be mailed to it by first class mail, postage prepaid, at its address as it appears on the Note Register and shall be sufficiently given to it if so mailed within the time prescribed; provided, however, that notices given to Holders of any Global Note may be given through the facilities of the Depositary therefor (and notice provided in such manner will be deemed to be “written” notice and to satisfy any requirement in this Indenture or the Notes to “mail” notice to the applicable Holder). Failure to mail a notice or communication to a Holder or any defect in it shall not affect its sufficiency with respect to other Holders. If a notice or communication is mailed in the manner provided above, it is duly given, whether or not the addressee receives it. In case by reason of the suspension of regular mail service or by reason of any other cause it shall be impracticable to give such notice to Holders by mail, then such notification as shall be made with the approval of the Trustee shall constitute a sufficient notification for every purpose hereunder.
Appears in 1 contract
Sources: Indenture (Pacira BioSciences, Inc.)
Addresses for Notices, Etc. 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 of Securities to or on the Company or the Guarantor may be given or served by being deposited postage prepaid first class mail in a post office letter box addressed (until another address is filed by the Company with the Trustee), as follows: if to the Company, Aon Corporation, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, Chicago, Illinois 60601, Attention: Treasurer; and if to the Guarantor, Aon plc, ▇▇▇ ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇, ▇▇▇▇▇▇▇, Attention: Treasurer; and if to the Guarantor, Aon Corporation, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, Chicago, Illinois 60601, Attention: Treasurer. Any notice, direction, request or demand by the Company or the Guarantor, or any Securityholder to or upon the Trustee shall be deemed to have been sufficiently given or made, for all purposes, if given or made in writing at its Corporate Trust Department, ▇ ▇. ▇▇▇▇▇▇▇ Street, Suite 10207th Floor, Chicago, Illinois 60602, or at any other address previously furnished in writing to the Company by the Trustee. 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 Issuer elects to give the Trustee e-mail or facsimile instructions (or instructions by a similar electronic method) and the Trustee in its reasonable discretion elects to act upon such instructions, the Trustee’s understanding of such instructions shall be deemed controlling, absent gross negligence or manifest error. The Trustee shall not be liable for any losses, costs or expenses arising directly or indirectly from the Trustee’s prior reliance upon and compliance with such instructions notwithstanding such instructions conflict or are inconsistent with a subsequent written instruction. The Issuer agrees to assume all risks arising out of the use of any 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.
Appears in 1 contract
Sources: Indenture
Addresses for Notices, Etc. 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 of Securities to or on the Company or the Guarantor may be given or served by being deposited postage prepaid first class mail in a post office letter box addressed (until another address is filed by the Company with the Trustee), as follows: if to the Company, Aon Corporation, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, Chicago, Illinois 60601, Attention: Treasurer; and if to the Guarantor, Aon plc, ▇ ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇, ▇▇▇▇▇▇▇, Attention: Treasurer; and if to the Guarantor, Aon Corporation, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, Chicago, Illinois 60601, Attention: Treasurer. Any notice, direction, request or demand by the Company or the Guarantor, or any Securityholder to or upon the Trustee shall be deemed to have been sufficiently given or made, for all purposes, if given or made in writing at its Corporate Trust Department, ▇ ▇. ▇▇▇▇▇▇▇ Street, Suite 1020, Chicago, Illinois 60602, or at any other address previously furnished in writing to the Company by the Trustee. .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 Issuer elects to give the Trustee e-mail or facsimile instructions (or instructions by a similar electronic method) and the Trustee in its reasonable discretion elects to act upon such instructions, the Trustee’s understanding of such instructions shall be deemed controlling, absent gross negligence or manifest error. The Trustee shall not be liable for any losses, costs or expenses arising directly or indirectly from the Trustee’s prior reliance upon and compliance with such instructions notwithstanding such instructions conflict or are inconsistent with a subsequent written instruction. The Issuer agrees to assume all risks arising out of the use of any 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.
Appears in 1 contract
Sources: Indenture (Aon Corp)
Addresses for Notices, Etc. 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 of Securities to or on the Company or the Guarantor may be given or served by being deposited postage prepaid first class mail in a post office letter box addressed (until another address is filed by the Company with the Trustee), as follows: if to the Company, Aon Corporation, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, Chicago, Illinois 60601, Attention: Treasurer; and if to the Guarantor, Aon plc, ▇ ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇, ▇▇▇▇▇▇▇, Attention: Treasurer; and if to the Guarantor, Aon Corporation, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, Chicago, Illinois 60601, Attention: Treasurer. Any notice, direction, request or demand by the Company or the Guarantor, or any Securityholder to or upon the Trustee shall be deemed to have been sufficiently given or made, for all purposes, if given or made in writing at its Corporate Trust Department, ▇ ▇. ▇▇▇▇▇▇▇ Street, Suite 1020, Chicago, Illinois 60602, or at any other address previously furnished in writing to the Company by the Trustee. 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 Issuer elects to give the Trustee e-mail or facsimile instructions (or instructions by a similar electronic method) and the Trustee in its reasonable discretion elects to act upon such instructions, the Trustee’s understanding of such instructions shall be deemed controlling, absent gross negligence or manifest error. The Trustee shall not be liable for any losses, costs or expenses arising directly or indirectly from the Trustee’s prior reliance upon and compliance with such instructions notwithstanding such instructions conflict or are inconsistent with a subsequent written instruction. The Issuer agrees to assume all risks arising out of the use of any 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.
Appears in 1 contract
Sources: Indenture (Aon Corp)
Addresses for Notices, Etc. Any notice or demand which that by any provision of this Indenture is required or permitted to be given or served by the Trustee or by the Holders of Securities to or on the Company or the Guarantor may Avadel shall be deemed to have been sufficiently given or made, for all purposes if given or served by being deposited postage prepaid first class by registered or certified mail in a post office letter box addressed (until another address is filed by the Company or Avadel with the Trustee), as follows: if ) to the Company, Aon Avadel Finance Cayman Limited and Avadel Pharmaceuticals plc, 1▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇, ▇▇▇▇▇ ▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇, Attention: Treasurer; and if Chief Financial Officer, with a copy to the Guarantor, Aon Corporation, 1▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇, Chicago▇▇▇▇▇ ▇▇▇, Illinois 60601▇▇▇▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇, Attention: TreasurerGeneral Counsel. Any notice, direction, request or demand by the Company or the Guarantor, or any Securityholder hereunder to or upon the Trustee shall be deemed to have been sufficiently given or made, for all purposes, if given or made served by being deposited postage prepaid by registered or certified mail in writing at its a post office letter box addressed to the Corporate Trust Department, ▇ ▇. ▇▇▇▇▇▇▇ Street, Suite 1020, Chicago, Illinois 60602, or at any other address previously furnished in writing to the Company by the TrusteeOffice. 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, provided 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 Issuer Company elects to give the Trustee e-mail or facsimile instructions (or instructions by a similar electronic method) and the Trustee in its reasonable discretion elects to act upon such instructions, the Trustee’s understanding of such instructions shall be deemed controlling, absent gross negligence or manifest error. The Trustee shall not be liable for any losses, costs or expenses arising directly or indirectly from the Trustee’s prior reliance upon and compliance with such instructions notwithstanding that such instructions conflict or are inconsistent with a subsequent written instruction. The Issuer Company agrees to assume all risks arising out of the use of any 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 of interception and misuse by third parties. The Trustee, by notice to the Company, may designate additional or different addresses for subsequent notices or communications. Any notice or communication delivered or to be delivered to a Holder of Physical Notes shall be mailed to it by first class mail, postage prepaid, at its address as it appears on the Note Register and shall be sufficiently given to it if so mailed within the time prescribed. Any notice or communication delivered or to be delivered to a Holder of Global Notes shall be delivered in accordance with the applicable procedures of the Depositary and shall be sufficiently given to it if so delivered within the time prescribed. Failure to mail or deliver a notice or communication to a Holder or any defect in it shall not affect its sufficiency with respect to other Holders. If a notice or communication is mailed or delivered, as the case may be, in the manner provided above, it is duly given, whether or not the addressee receives it. In case by reason of the suspension of regular mail service or by reason of any other cause it shall be impracticable to give such notice to Holders by mail, then such notification as shall be made with the approval of the Trustee shall constitute a sufficient notification for every purpose hereunder.
Appears in 1 contract
Addresses for Notices, Etc. 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 of Securities to or on the Company or the Guarantor may be given or served by being deposited postage prepaid first class mail in a post office letter box addressed (until another address is filed by the Company with the Trustee), as follows: if to the Company, Aon Corporation, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, Chicago, Illinois 60601, Attention: Treasurer; and if to the Guarantor, Aon plc, ▇▇▇ ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇, ▇▇▇▇▇▇▇, Attention: Treasurer; and if to the Guarantor, Aon Corporation, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, Chicago, Illinois 60601, Attention: Treasurer. Any notice, direction, request or demand by the Company or the Guarantor, or any Securityholder to or upon the Trustee shall be deemed to have been sufficiently given or made, for all purposes, if given or made in writing at its Corporate Trust Department, ▇ ▇. ▇▇▇▇▇▇▇ Street, Suite 10207th Floor, Chicago, Illinois 60602, or at any other address previously furnished in writing to the Company by the Trustee. 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 Issuer elects to give the Trustee e-mail or facsimile instructions (or instructions by a similar electronic method) and the Trustee in its reasonable discretion elects to act upon such instructions, the Trustee’s understanding of such instructions shall be deemed controlling, absent gross negligence or manifest error. The Trustee shall not be liable for any losses, costs or expenses arising directly or indirectly from the Trustee’s prior reliance upon and compliance with such instructions notwithstanding such instructions conflict or are inconsistent with a subsequent written instruction. The Issuer agrees to assume all risks arising out of the use of any 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.
Appears in 1 contract
Sources: Indenture (Aon PLC)
Addresses for Notices, Etc. 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 of Securities to or Noteholders on the Company shall be deemed to have been sufficiently given or the Guarantor may be made, for all purposes if given or served by being deposited postage prepaid first class by registered or certified mail in a post office letter box addressed (until another address is filed by the Company with the Trustee)) to Forest City Enterprises, as follows: if to the CompanyInc., Aon plc50 Public Square, ▇ ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇▇▇, Attention: Treasurer; and if to the Guarantor, Aon Corporation, ▇▇▇ , ▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇-▇▇▇▇, Chicago, Illinois 60601, Attention: TreasurerGeneral Counsel. Any notice, direction, request or demand by the Company or the Guarantor, or any Securityholder hereunder to or upon the Trustee shall be deemed to have been sufficiently given or made, for all purposes, if given delivered in person, or made in writing mailed by first-class mail (postage prepaid, registered or certified, return receipt requested) addressed to the Trustee at its Corporate Trust DepartmentOffice, ▇ ▇. or sent by guaranteed overnight courier to the Trustee at its Corporate Trust Office, or transmitted by facsimile transmission to ▇▇▇-▇▇▇-▇▇▇▇ Street, Suite 1020, Chicago, Illinois 60602(and confirmed by delivery in person, or at any other address previously furnished in writing by first-class mail (postage prepaid, registered or certified, return receipt requested), or by guaranteed overnight courier). The Trustee, by notice to the Company by the TrusteeCompany, may designate additional or different addresses for subsequent notices or communications. 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 Issuer Company elects to give the Trustee e-mail or facsimile instructions (or instructions by a similar electronic method) and the Trustee in its reasonable discretion elects to act upon such instructions, the Trustee’s understanding of such instructions shall be deemed controlling, absent gross negligence or manifest error. The Trustee shall not be liable for any losses, costs or expenses arising directly or indirectly from the Trustee’s prior reliance upon and compliance with such instructions notwithstanding such instructions conflict or are inconsistent with a subsequent written instruction. The Issuer Company agrees to assume all risks arising out of the use of any 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 of interception and misuse by third parties. Any notice or communication mailed to a Noteholder shall be mailed to it by first class mail, postage prepaid, at its address as its address appears on the Note Register and shall be sufficiently given to it if so mailed within the time prescribed. Failure to mail a notice or communication to a Noteholder or any defect in it shall not affect its sufficiency with respect to other Noteholders. If a notice or communication is mailed in the manner provided above, it is duly given, whether or not the addressee receives it.
Appears in 1 contract
Addresses for Notices, Etc. Any notice or demand which that by any provision of this Indenture is required or permitted to be given or served by the Trustee or by the Holders of Securities to or on the Company or the Guarantor may shall be deemed to have been sufficiently given or served made, for all purposes (i) by hand (in which case notice shall be effective upon delivery), (ii) by facsimile (in which case notice shall be effective upon receipt of confirmation of good transmission thereof) or (iii) by overnight delivery by a nationally recognized courier service (in which case such notice shall be effective on the Business Day immediately after being deposited postage prepaid first class mail in a post office letter box with such courier service) addressed (until another address is filed by the Company with the Trustee)) to Teekay Corporation, as follows: if to the Company, Aon plc, ▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇▇, Attention: Treasurer; and if to the Guarantor, Aon Corporation, ▇▇▇ ▇▇▇▇ Road ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ 08, Chicago, Illinois 60601Bermuda, Attention: TreasurerCorporate Secretary. Any notice, direction, request or demand by the Company or the Guarantor, or any Securityholder hereunder to or upon the Trustee shall be deemed to have been sufficiently given or made, for all purposes, if given or made in writing upon receipt by the Trustee at its Corporate Trust Department, ▇ ▇. ▇▇▇▇▇▇▇ Street, Suite 1020, Chicago, Illinois 60602, or at any other address previously furnished in writing to the Company by the TrusteeOffice. The Trustee agrees to accept and act upon instructions or directions from the Company pursuant to this Indenture sent by unsecured e-mail, pdf, facsimile transmission or other similar unsecured electronic methods, ; provided, however, that (a) the party providing such electronic instructions or directions, subsequent to the transmission thereof, shall provide the originally executed instructions or directions to the Trustee in a timely manner and (b) such originally executed instructions or directions shall have received be signed by an incumbency certificate listing persons designated to give authorized representative of the party providing 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 Issuer elects to give the Trustee e-mail or facsimile instructions (or instructions by a similar electronic method) and the Trustee in its reasonable discretion elects to act upon such instructions, the Trustee’s understanding of such instructions shall be deemed controlling, absent gross negligence or manifest errordirections. The Trustee shall not be liable for any losses, costs or expenses arising directly or indirectly from the Trustee’s prior reliance upon and compliance with such instructions or directions notwithstanding such instructions or directions conflict or are inconsistent with a subsequent written instructioninstruction or direction or if the subsequent written instruction or direction is never received. The Issuer party providing instructions or directions by unsecured e-mail, facsimile transmission or other similar unsecured electronic methods, as aforesaid, agrees to assume all risks arising out of the use of any 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 of interception and misuse by third parties. The Trustee, by notice to the Company, may designate additional or different addresses for subsequent notices or communications. Any notice or communication mailed to a Holder of a Physical Note shall be mailed to it by first class mail, postage prepaid, at its address as it appears on the Note Register and shall be sufficiently given to it if so mailed within the time prescribed; provided that, notwithstanding anything to the contrary herein, notices given to Holders of Global Notes may be given electronically through the facilities of the Depositary. Failure to mail or give a notice or communication to a Holder or any defect in it shall not affect its sufficiency with respect to other Holders. If a notice or communication is given in the manner provided above, it is duly given, whether or not the addressee receives it. In case by reason of the suspension of regular mail service or by reason of any other cause it shall be impracticable to give such notice to Holders of Physical Notes by mail, then such notification as shall be made with the approval of the Trustee shall constitute a sufficient notification for every purpose hereunder.
Appears in 1 contract
Sources: Indenture (Teekay Corp)
Addresses for Notices, Etc. 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 of Securities to or on the Company or the Guarantor may be given or served by being deposited postage prepaid first class mail in a post office letter box addressed (until another address is filed by the Company with the Trustee), as follows: if to the Company, Aon plcAccenture Global Capital DAC, c/o Accenture LLP, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇▇, Attention: Treasurer▇▇▇▇▇ ▇. ▇▇▇▇▇▇; and if to the Guarantor, Aon CorporationAccenture plc, c/o Accenture LLP, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, Chicago▇▇▇▇▇▇▇, Illinois 60601▇▇ ▇▇▇▇▇, Attention: Treasurer▇▇▇▇▇ ▇. ▇▇▇▇▇▇. Any notice, direction, request or demand by the Company or the Guarantor, or any Securityholder to or upon the Trustee shall be deemed to have been sufficiently given or made, for all purposes, if given or made in writing at its Corporate Trust Department, ▇▇▇ ▇. ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇, Suite 6200B, Floor 62, Mailbox #44, Chicago, Illinois 60606, Email: ▇▇▇▇.▇▇▇▇▇▇▇ Street▇@▇▇▇.▇▇▇, Suite 1020, Chicago, Illinois 60602Phone: ▇▇▇-▇▇▇-▇▇▇▇, or at any other address previously furnished in writing to the Company by the Trustee. The Trustee agrees shall have the right to accept and act upon instructions, including funds transfer instructions or directions (“Instructions”) given pursuant to this Indenture sent by unsecured e-mail, pdf, facsimile transmission or other similar unsecured electronic methods, and delivered using Electronic Means; provided, however, that the Issuer and/or the Guarantor, as applicable, shall provide to the Trustee shall have received an incumbency certificate listing persons designated officers with the authority to give provide such instructions or directions Instructions (“Authorized Officers”) and containing specimen signatures of such designated personsAuthorized Officers, which such incumbency certificate shall be amended and replaced by the Issuer and/or the Guarantor, as applicable, whenever a person is to be added or deleted from the listing. If the Issuer and/or the Guarantor, as applicable, elects to give the Trustee e-mail or facsimile instructions (or instructions by a similar electronic method) Instructions using Electronic Means and the Trustee in its reasonable discretion elects to act upon such instructionsInstructions, the Trustee’s understanding of such instructions Instructions shall be deemed controlling. The Issuer and the Guarantor understand and agree that the Trustee cannot determine the identity of the actual sender of such Instructions and that the Trustee shall conclusively presume that directions that purport to have been sent by an Authorized Officer listed on the incumbency certificate provided to the Trustee have been sent by such Authorized Officer. The Issuer and the Guarantor shall be responsible for ensuring that only Authorized Officers transmit such Instructions to the Trustee and that the Issuer, absent gross negligence or manifest errorthe Guarantor and all Authorized Officers are solely responsible to safeguard the use and confidentiality of applicable user and authorization codes, passwords and/or authentication keys upon receipt by the Issuer and/or the Guarantor, as applicable. The Trustee shall not be liable for any losses, costs or expenses arising directly or indirectly from the Trustee’s prior reliance upon and compliance with such instructions Instructions notwithstanding such instructions directions conflict or are inconsistent with a subsequent written instruction. The Issuer agrees and the Guarantor agree: (i) to assume all risks arising out of the use of any such electronic methods Electronic Means to submit instructions and directions Instructions to the Trustee, including without limitation the risk of the Trustee acting on unauthorized instructionsInstructions, and the risk or of interception and misuse by third parties; (ii) that it is fully informed of the protections and risks associated with the various methods of transmitting Instructions to the Trustee and that there may be more secure methods of transmitting Instructions than the method(s) selected by the Issuer and/or the Guarantor, as applicable; (iii) that the security procedures (if any) to be followed in connection with its transmission of Instructions provide to it a commercially reasonable degree of protection in light of its particular needs and circumstances; and (iv) to notify the Trustee immediately upon learning of any compromise or unauthorized use of the security procedures.
Appears in 1 contract
Addresses for Notices, Etc. Any notice or demand which that by any provision of this Indenture is as required or permitted to be given or served by the Trustee or by the Holders of Securities to or on the Company shall be deemed to have been sufficiently given or the Guarantor may be made, for all purposes if given or served by being deposited postage prepaid first class by registered or certified mail in a post office letter box addressed (until another address is filed by the Company with the Trustee)) to Nevro Corp., as follows: if to the Company, Aon plc, ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇▇, Attention: Treasurer; and if to the Guarantor, Aon Corporation, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇, Chicagocc: ▇▇▇▇ ▇▇▇▇, Illinois 60601General Counsel, with a copy, which shall not constitute notice, to ▇▇▇▇▇▇ & ▇▇▇▇▇▇▇ LLP, ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇, Menlo Park, CA 94025 (fax: (▇▇▇) ▇▇▇-▇▇▇▇), Attention: Treasurer▇▇▇▇▇ ▇▇▇▇▇ and ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇, ▇▇ ▇▇▇▇▇ (fax: (▇▇▇) ▇▇▇-▇▇▇▇) Attention: ▇▇▇▇ ▇▇▇▇▇▇▇. Any notice, direction, request or demand by the Company or the Guarantor, or any Securityholder hereunder to or upon the Trustee shall be deemed to have been sufficiently given or made, for all purposes, if given or made served by being deposited postage prepaid by registered or certified mail in writing at its a post office letter box addressed to the Corporate Trust Department, ▇ ▇. ▇▇▇▇▇▇▇ Street, Suite 1020, Chicago, Illinois 60602, Office or at sent electronically in PDF or any other address previously furnished in writing widely used electronic format. The Trustee will not be deemed to have any knowledge of the contents of any notice not actually received by it. The Trustee and the Company, by notice to the Company by the Trusteeother, may designate additional or different addresses for subsequent notices or communications. The Trustee agrees to accept and act upon instructions or directions pursuant to this Indenture sent by unsecured e-mail, pdfPDF, 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 Issuer Company elects to give the Trustee e-mail or facsimile instructions (or instructions by a similar electronic method) and the Trustee in its reasonable discretion elects to act upon such instructions, the Trustee’s understanding of such instructions shall be deemed controlling, absent gross negligence or manifest error. The Trustee shall not be liable for any losses, costs or expenses arising directly or indirectly from the Trustee’s prior reliance upon and compliance with such instructions notwithstanding such instructions conflict or are inconsistent with a subsequent written instruction. The Issuer Company agrees to assume all risks arising out of the use of any 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 or communication mailed to a Holder shall be mailed to it by first class mail, postage prepaid, at its address as it appears on the Note Register and shall be sufficiently given to it if so mailed within the time prescribed; provided that notices given to Holders of Global Notes may be given through the facilities of the Depositary, notwithstanding anything herein to the contrary. Failure to send a notice or communication to a Holder or any defect in it shall not affect its sufficiency with respect to other Holders. If a notice or communication is sent in the manner provided above, it is duly given, whether or not the addressee receives it. In case by reason of the suspension of regular mail service or by reason of any other cause it shall be impracticable to give such notice to Holders by mail, then such notification as shall be made with the approval of the Trustee shall constitute a sufficient notification for every purpose hereunder. Notwithstanding anything to the contrary in this Indenture or the Notes, whenever any provision of this Indenture requires a party to send notice to another party, no such notice need be sent if the sending party and the recipient are the same person acting in different capacities.
Appears in 1 contract
Addresses for Notices, Etc. Any notice or demand which by any provision of this Indenture is required communication to the Company, the Guarantor or permitted to be given or served by the Trustee shall be sufficiently given if in writing in English and delivered in person or mailed by the Holders of Securities certified or registered mail (return receipt requested), e-mail in PDF format, facsimile, telecopier or overnight courier guaranteeing next day delivery, addressed as follows: If to or on the Company or the Guarantor may be given or served by being deposited postage prepaid first class mail in a post office letter box addressed (until another address is filed by the Company with the Trustee), as followsGuarantor: if to the Company, Aon plc, Ensco plc ▇ ▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇, ▇ ▇▇▇ ▇▇▇ Attention: Chief Financial Officer Facsimile: 44 0 207 409 0399 If to the Trustee: Deutsche Bank Trust Company Americas Trust & Agency Services ▇▇ ▇▇▇▇ ▇▇▇▇▇▇, Attention▇▇▇▇ ▇▇▇▇▇ Mail Stop: Treasurer; and if to the Guarantor, Aon Corporation▇▇▇▇▇-▇▇▇▇ ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇ Attention: Corporates team - Ensco Jersey Finance Limited Facsimile: (▇▇▇) ▇▇▇-▇▇▇▇ with a copy to: Deutsche Bank Trust Company Americas c/o Deutsche Bank National Trust Company Trust & Agency Services 100 Plaza One Mail Stop: JCY03-0699 ▇▇▇▇▇▇ ▇▇▇▇, ▇▇, Chicago, Illinois 60601, Attention: Treasurer. Any notice, direction, request or demand by the Company or the Guarantor, or any Securityholder to or upon the Trustee shall be deemed to have been sufficiently given or made, for all purposes, if given or made in writing at its Corporate Trust Department, ▇ ▇. ▇▇▇▇▇▇▇ Street▇▇▇▇▇ Attention: Corporates team - Ensco Jersey Finance Limited Facsimile: (▇▇▇) ▇▇▇-▇▇▇▇ The Company, Suite 1020, Chicago, Illinois 60602, the Guarantor or at any other address previously furnished in writing the Trustee by notice to the Company by the Trusteeothers may designate additional or different addresses for subsequent notices or communications. The Trustee agrees to accept and act upon instructions or directions pursuant to this Indenture sent by unsecured e-mail, pdfmail in PDF format, 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 Issuer Company or the Guarantor elects to give the Trustee e-mail in PDF format or facsimile instructions (or instructions by a similar electronic method) and the Trustee in its reasonable discretion elects to act upon such instructions, the Trustee’s reasonable understanding of such instructions shall be deemed controlling, absent gross negligence or manifest error. The Trustee shall not be liable for any losses, costs or expenses arising directly or indirectly from the Trustee’s prior reasonable reliance upon and compliance with such instructions notwithstanding such instructions conflict or are inconsistent with a subsequent written instruction. The Issuer Each of the Company and the Guarantor agrees to assume all risks arising out of incidents of actual use by the use Company and the Guarantor of any such electronic methods to submit instructions and directions to the Trustee, including without limitation the risk of the Trustee acting on unauthorized instructions, instructions and the risk or of interception and misuse by third parties. All notices and communications described above 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 sent, if by e-mail in PDF format; when receipt acknowledged, if faxed or telecopied; and the next Business Day after timely delivery to the courier, if sent by overnight courier guaranteeing next day delivery. Any notice or communication delivered or to be delivered to a Holder of Physical Notes shall be mailed to it by first class mail, postage prepaid, at its address as it appears on the Note Register and shall be sufficiently given to it if so mailed within the time prescribed. Any notice or communication delivered or to be delivered to a Holder of Global Notes shall be delivered in accordance with the applicable procedures of the Depositary and shall be sufficiently given to it if so delivered within the time prescribed. Failure to mail or deliver a notice or communication to a Holder or any defect in it shall not affect its sufficiency with respect to other Holders. If a notice or communication is mailed or delivered, as the case may be, in the manner provided above, it is duly given, whether or not the addressee receives it. In case by reason of the suspension of regular mail service or by reason of any other cause it shall be impracticable to give such notice to Holders by mail, then such notification as shall be made with the approval of the Trustee shall constitute a sufficient notification for every purpose hereunder.
Appears in 1 contract
Sources: Indenture (Ensco PLC)
Addresses for Notices, Etc. Any notice or demand which that by any provision of this Indenture is as required or permitted to be given or served by the Trustee or by the Holders of Securities to or on the Company shall be deemed to have been sufficiently given or the Guarantor may be made, for all purposes if given or served by being deposited postage prepaid first class by registered or certified mail in a post office letter box addressed (until another address is filed by the Company with the Trustee)) to Nevro Corp., as follows: if to the Company, Aon plc, 1▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇▇, Attention: Treasurer; and if to the Guarantor, Aon Corporation, A▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇▇, cc: M▇▇▇ ▇▇▇▇, General Counsel, with a copy, which shall not constitute notice, to L▇▇▇▇▇ & W▇▇▇▇▇▇ LLP, 1▇▇ ▇▇▇▇▇ ▇▇▇▇▇, Menlo Park, CA 94025 (fax: (▇▇▇) ▇▇▇-▇▇▇▇), Attention: B▇▇▇▇ ▇▇▇▇▇ and 8▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇, ▇▇ ▇▇▇▇▇ (fax: (▇▇▇) ▇▇▇-▇▇▇▇) Attention: G▇▇▇ ▇▇▇▇▇▇, Chicago, Illinois 60601, Attention: Treasurer▇. Any notice, direction, request or demand by the Company or the Guarantor, or any Securityholder hereunder to or upon the Trustee shall be deemed to have been sufficiently given or made, for all purposes, if given or made served by being deposited postage prepaid by registered or certified mail in writing at its a post office letter box addressed to the Corporate Trust Department, ▇ ▇. ▇▇▇▇▇▇▇ Street, Suite 1020, Chicago, Illinois 60602, Office or at sent electronically in PDF or any other address previously furnished in writing widely used electronic format. The Trustee will not be deemed to have any knowledge of the contents of any notice not actually received by it. The Trustee and the Company, by notice to the Company by the Trusteeother, may designate additional or different addresses for subsequent notices or communications. The Trustee agrees to accept and act upon instructions or directions pursuant to this Indenture sent by unsecured e-mail, pdfPDF, 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 Issuer Company elects to give the Trustee e-mail or facsimile instructions (or instructions by a similar electronic method) and the Trustee in its reasonable discretion elects to act upon such instructions, the Trustee’s understanding of such instructions shall be deemed controlling, absent gross negligence or manifest error. The Trustee shall not be liable for any losses, costs or expenses arising directly or indirectly from the Trustee’s prior reliance upon and compliance with such instructions notwithstanding such instructions conflict or are inconsistent with a subsequent written instruction. The Issuer Company agrees to assume all risks arising out of the use of any 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 or communication mailed to a Holder shall be mailed to it by first class mail, postage prepaid, at its address as it appears on the Note Register and shall be sufficiently given to it if so mailed within the time prescribed; provided that notices given to Holders of Global Notes may be given through the facilities of the Depositary, notwithstanding anything herein to the contrary. Failure to send a notice or communication to a Holder or any defect in it shall not affect its sufficiency with respect to other Holders. If a notice or communication is sent in the manner provided above, it is duly given, whether or not the addressee receives it. In case by reason of the suspension of regular mail service or by reason of any other cause it shall be impracticable to give such notice to Holders by mail, then such notification as shall be made with the approval of the Trustee shall constitute a sufficient notification for every purpose hereunder. Notwithstanding anything to the contrary in this Indenture or the Notes, whenever any provision of this Indenture requires a party to send notice to another party, no such notice need be sent if the sending party and the recipient are the same person acting in different capacities.
Appears in 1 contract
Addresses for Notices, Etc. 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 of Securities to or on the Company or the Guarantor may be given or served by being deposited postage prepaid first class mail in a post office letter box addressed (until another address is filed by the Company with the Trustee), as follows: if to the Company, Aon Corporation, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, Chicago, Illinois 60601, Attention: Treasurer; and if to the Guarantor, Aon plc, ▇▇▇ ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇, ▇▇▇▇▇▇▇, Attention: Treasurer; and if to the Guarantor, Aon Corporation, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, Chicago, Illinois 60601, Attention: Treasurer. Any notice, direction, request or demand by the Company or the Guarantor, or any Securityholder to or upon the Trustee shall be deemed to have been sufficiently given or made, for all purposes, if given or made in writing at its Corporate Trust Department, ▇ ▇. ▇▇▇▇▇▇▇ Street, Suite 1020, Chicago, Illinois 60602, or at any other address previously furnished in writing to the Company by the Trustee. .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 Issuer elects to give the Trustee e-mail or facsimile instructions (or instructions by a similar electronic method) and the Trustee in its reasonable discretion elects to act upon such instructions, the Trustee’s understanding of such instructions shall be deemed controlling, absent gross negligence or manifest error. The Trustee shall not be liable for any losses, costs or expenses arising directly or indirectly from the Trustee’s prior reliance upon and compliance with such instructions notwithstanding such instructions conflict or are inconsistent with a subsequent written instruction. The Issuer agrees to assume all risks arising out of the use of any 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.
Appears in 1 contract
Sources: Indenture (Aon Corp)
Addresses for Notices, Etc. 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 of Securities to or on the Company or the Guarantor may be given or served by being deposited postage prepaid first class mail in a post office letter box addressed (until another address is filed by the Company with the Trustee), as follows: if to the Company, Aon Corporation, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, Chicago, Illinois 60601, Attention: Treasurer; and if to the Guarantor, Aon plc, ▇▇▇ ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇, ▇▇▇▇▇▇▇, Attention: Treasurer; and if to the Guarantor, Aon Corporation, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, Chicago, Illinois 60601, Attention: Treasurer. Any notice, direction, request or demand by the Company or the Guarantor, or any Securityholder to or upon the Trustee shall be deemed to have been sufficiently given or made, for all purposes, if given or made in writing at its Corporate Trust Department, ▇ ▇. ▇▇▇▇▇▇▇ Street, Suite 1020, Chicago, Illinois 60602, or at any other address previously furnished in writing to the Company by the Trustee. 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 Issuer elects to give the Trustee e-mail or facsimile instructions (or instructions by a similar electronic method) and the Trustee in its reasonable discretion elects to act upon such instructions, the Trustee’s understanding of such instructions shall be deemed controlling, absent gross negligence or manifest error. The Trustee shall not be liable for any losses, costs or expenses arising directly or indirectly from the Trustee’s prior reliance upon and compliance with such instructions notwithstanding such instructions conflict or are inconsistent with a subsequent written instruction. The Issuer agrees to assume all risks arising out of the use of any 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.
Appears in 1 contract
Sources: Indenture (Aon Corp)