Common use of Notices to Company and Warrant Agent Clause in Contracts

Notices to Company and Warrant Agent. Any notice or communication authorized by this Agreement to be given or made by the Warrant Agent or by the Holder of any Warrant or by the Company to the Company or the Warrant Agent, as the case may be, shall be sufficiently given or made if in writing and delivered in person, mailed by first-class mail or sent by facsimile transmission addressed as follows: If to the Company: ITC/\DeltaCom, Inc. ▇▇▇▇ ▇.▇. ▇▇▇▇▇▇▇ Drive West Point, Georgia 31833 Facsimile No.: (▇▇▇) ▇▇▇-▇▇▇▇ Attention: General Counsel If to the Warrant Agent: Mellon Investor Services LLC ▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ Attention: Client Services Manager Fax: ▇▇▇-▇▇▇-▇▇▇▇ Attention: Relationship Manager With a copy to: Mellon Investor Services LLC ▇▇ ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇-▇▇▇▇ Facsimile No.: (▇▇▇) ▇▇▇-▇▇▇▇ Attention: General Counsel In case the Company shall fail to maintain such office or agency or shall fail to give such notice of the location or of any change in the location thereof, presentations may be made and notices and demands may be served at the principal office of the Warrant Agent. The Company or the Warrant Agent by notice to the other may designate additional or different addresses for subsequent notices or communications. Any notice or communication mailed to a Holder shall be mailed to such Holder at its address as it appears on the Warrant Register by first-class mail and shall be sufficiently given to such Holder if so mailed within the time prescribed. Copies of any such communication or notice to a Holder shall also be mailed to the Warrant Agent at the same time. Failure to transmit a notice or communication to a Holder as provided herein or any defect in any such notice shall not affect its sufficiency with respect to other Holders. Except for a notice to the Warrant Agent, which is deemed given only when received, and except as otherwise provided in this Agreement, if a notice or communication is mailed in the manner provided in this Section 11, it is duly given, whether or not the addressee receives it. Where this Agreement provides for notice in any manner, such notice may be waived in writing by the Person entitled to receive such notice, either before or after the event, and such waiver shall be the equivalent of such notice. Waivers of notice by Holders shall be filed with the Warrant Agent, but such filing shall not be a condition precedent to the validity of any action taken in reliance upon such waiver. 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 by mail, then such notification as shall be made with the approval of the Warrant Agent shall constitute a sufficient notification for every purpose hereunder.

Appears in 2 contracts

Sources: Warrant Agreement (Itc Deltacom Inc), Warrant Agreement (Itc Deltacom Inc)

Notices to Company and Warrant Agent. Any notice All notices, requests or communication demands authorized by this Agreement to be given or made by the Warrant Agent or by the any registered Holder of any Warrant to or by the Company to on the Company or the Warrant Agent, as the case may be, Agent to be effective shall be sufficiently in writing (including by telecopy), and shall be deemed to have been duly given or made when delivered by hand, or one Business Day if sent by overnight courier service (with next day delivery specified), or two Business Days after being delivered to a recognized courier (whose stated terms of delivery are two business days or less to the destination such notice), or five Business Days after being deposited in the mail, or, in the case of facsimile or email notice, when received, addressed (until another address is filed in writing and delivered in person, mailed by first-class mail or sent by facsimile transmission addressed the Company with the Warrant Agent) as follows: If to the Company: ITC/\DeltaComPHI Group, Inc. ▇▇▇▇ ▇.▇. ▇▇▇▇▇▇▇ Drive West Point, Georgia 31833 Facsimile No.: (▇▇▇) ▇▇▇-▇▇▇▇ Attention: General Counsel If to the Warrant Agent: Mellon Investor Services LLC ▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ Attention: Client Services Manager Fax: ▇▇▇-▇▇▇-▇▇▇▇ Attention: Relationship Manager With a copy to: Mellon Investor Services LLC ▇▇ ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Lafayette, LA, 70508 Attn: ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇▇▇▇ Email: Any notice pursuant to this Agreement to be given by the Company or by any registered Holder of any Warrant to the Warrant Agent shall be sufficiently given if sent by first-class mail, postage prepaid, addressed (until another address is filed in writing by the Warrant Agent with the Company), as follows: American Stock Transfer & Trust Company, LLC ▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇-▇▇▇, ▇Facsimile No.: (▇▇) ▇▇▇-▇▇▇▇ Attention: General Counsel In case the Company shall fail to maintain such office or agency or shall fail to give such notice of the location or of any change in the location thereof, presentations may be made and notices and demands may be served at the principal office of Relationship Management Unless the Warrant Agent. The Company or the Warrant Agent by notice to the other may designate additional or different addresses for subsequent notices or communications. Any is a Global Warrant, any notice or communication mailed to a Holder shall be mailed to such the Holder at its the Holder’s address as it appears on the Warrant Register by first-class mail and shall be sufficiently given to such Holder if so mailed within the time prescribed. Copies of any such communication or Any notice to the owners of a beneficial interest in a Global Warrant shall be distributed through the Depositary in accordance with the procedures of the Depositary. Communications to such Holder shall also be mailed deemed to be effective at the time of dispatch to the Warrant Agent at the same timeDepositary. Failure to transmit provide a notice or communication to a Holder as provided herein or any defect in any such notice it shall not affect its sufficiency with respect to other Holders. Except for a notice to the Warrant Agent, which is deemed given only when received, and except as otherwise provided in this Agreement, if a notice or communication is mailed in the manner provided in this Section 11, it is duly given, whether or not the addressee receives it. Where this Agreement provides for notice in any manner, such notice may be waived in writing by the Person entitled to receive such notice, either before or after the event, and such waiver shall be the equivalent of such notice. Waivers of notice by Holders shall be filed with the Warrant Agent, but such filing shall not be a condition precedent to the validity of any action taken in reliance upon such waiver. 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 by mail, then such notification as shall be made with the approval of the Warrant Agent shall constitute a sufficient notification for every purpose hereunder.

Appears in 2 contracts

Sources: Creditor Warrant Agreement (PHI Group, Inc./De), Equity Holder Warrant Agreement (PHI Group, Inc./De)

Notices to Company and Warrant Agent. Any notice or communication authorized by this Agreement to be given or made by the Warrant Agent or by the Holder of any Warrant or by the Company to the Company or the Warrant Agent, as the case may be, shall be sufficiently given or made if in writing and delivered in person, mailed by first-class mail or sent by facsimile transmission addressed as follows: If to the Company: ITC/\DeltaComITC^DeltaCom, Inc. ▇▇▇▇ ▇.▇. ▇▇▇▇▇▇▇ Drive West Point, Georgia 31833 Facsimile No.: (▇▇▇) ▇▇▇-▇▇▇▇ Attention: General Counsel If to the Warrant Agent: Mellon Investor Services LLC ▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ Attention: Client Services Manager Fax: ▇▇▇-▇▇▇-▇▇▇▇ Attention: Relationship Manager With a copy to: Mellon Investor Services LLC ▇▇ ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇-▇▇▇▇ Facsimile No.: (▇▇▇) ▇▇▇-▇▇▇▇ Attention: General Counsel In case the Company shall fail to maintain such office or agency or shall fail to give such notice of the location or of any change in the location thereof, presentations may be made and notices and demands may be served at the principal office of the Warrant Agent. The Company or the Warrant Agent by notice to the other may designate additional or different addresses for subsequent notices or communications. Any notice or communication mailed to a Holder shall be mailed to such Holder at its address as it appears on the Warrant Register by first-class mail and shall be sufficiently given to such Holder if so mailed within the time prescribed. Copies of any such communication or notice to a Holder shall also be mailed to the Warrant Agent at the same time. Failure to transmit a notice or communication to a Holder as provided herein or any defect in any such notice shall not affect its sufficiency with respect to other Holders. Except for a notice to the Warrant Agent, which is deemed given only when received, and except as otherwise provided in this Agreement, if a notice or communication is mailed in the manner provided in this Section 11, it is duly given, whether or not the addressee receives it. Where this Agreement provides for notice in any manner, such notice may be waived in writing by the Person entitled to receive such notice, either before or after the event, and such waiver shall be the equivalent of such notice. Waivers of notice by Holders shall be filed with the Warrant Agent, but such filing shall not be a condition precedent to the validity of any action taken in reliance upon such waiver. 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 by mail, then such notification as shall be made with the approval of the Warrant Agent shall constitute a sufficient notification for every purpose hereunder.

Appears in 2 contracts

Sources: Warrant Agreement (Itc Deltacom Inc), Warrant Agreement (Welsh Carson Anderson Stowe Viii Lp)

Notices to Company and Warrant Agent. Any notice All notices, requests or communication demands authorized by this Agreement to be given or made by the Warrant Agent or by the Holder any registered holder of any Warrant Certificate to or on the Company to be effective shall be in writing (including by telecopy), and shall be deemed to have been duly given or made when delivered by hand, or one business day after being delivered to a recognized courier (whose stated terms of delivery are one business day or less to the destination such notice), or three business days after being deposited in the mail, postage prepaid, or, in the case of telecopy notice, when received, addressed (until another address is filed in writing by the Company to the Company or with the Warrant Agent), as the case may be, shall be sufficiently given or made if in writing and delivered in person, mailed by first-class mail or sent by facsimile transmission addressed as follows: If to the CompanyInnovation Economy Corporation [Address] Tel: ITC/\DeltaCom, Inc. ▇▇▇▇ ▇.▇. ▇▇▇▇▇▇▇ Drive West Point, Georgia 31833 Facsimile No.[_______] Fax: (▇▇▇) ▇▇▇-▇▇▇▇ [________] Attention: General Counsel If to the Warrant Agent: Mellon Investor Services LLC ▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ Attention: Client Services Manager Fax: ▇▇▇-▇▇▇-▇▇▇▇ Attention: Relationship Manager [_________] With a copy (which shall not constitute notice) to: Mellon Investor Services VStock Transfer, LLC ▇▇ ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇-▇▇▇▇ Facsimile No.[Address] Tel: (▇▇▇) ▇▇▇-▇▇▇▇ [_______] Fax: [________] Attention: General Counsel In case [_________] If the Company shall fail to maintain such office or agency or shall fail to give such notice of the location or of any change in the location thereof, presentations presentation may be made and notices and demands may be served at the principal office of the Warrant Agent. The Any notice pursuant to this Agreement to be given by the Company or by any registered holder of any Warrant Certificate to the Warrant Agent by notice to the other may designate additional or different addresses for subsequent notices or communications. Any notice or communication mailed to a Holder shall be mailed to such Holder at its address as it appears on the Warrant Register sufficiently given if sent by first-class mail and shall be sufficiently given to such Holder if so mailed within the time prescribed. Copies of any such communication or notice to a Holder shall also be mailed to the Warrant Agent at the same time. Failure to transmit a notice or communication to a Holder as provided herein or any defect in any such notice shall not affect its sufficiency with respect to other Holders. Except for a notice to the Warrant Agentmail, which postage prepaid, addressed (until another address is deemed given only when received, and except as otherwise provided in this Agreement, if a notice or communication is mailed in the manner provided in this Section 11, it is duly given, whether or not the addressee receives it. Where this Agreement provides for notice in any manner, such notice may be waived filed in writing by the Person entitled to receive such notice, either before or after the event, and such waiver shall be the equivalent of such notice. Waivers of notice by Holders shall be filed Warrant Agent with the Warrant AgentCompany), but such filing shall not be a condition precedent to the validity of any action taken in reliance upon such waiver. 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 by mail, then such notification as shall be made with the approval of the Warrant Agent shall constitute a sufficient notification for every purpose hereunder.follows: [__________] [Address] Tel: [_______] Fax: [________] Attention: [_________]

Appears in 2 contracts

Sources: Warrant Agreement (INNOVATION ECONOMY Corp), Warrant Agreement (INNOVATION ECONOMY Corp)

Notices to Company and Warrant Agent. Any notice or communication demand authorized or permitted by this Warrant Agreement to be given or made by the Warrant Agent or by any Holder to or on the Holder Company to be effective shall be in writing (including by facsimile), and shall be deemed to have been duly given or made when delivered by hand, or two (2) Business Days after being delivered to a recognized courier (whose stated terms of any Warrant delivery are two (2) Business Days or less to the destination of such notice), or five (5) days after being deposited in the mail, first class and postage prepaid or, in the case of facsimile notice, when received, addressed as follows (until another address or facsimile number is filed in writing by the Company to the Company or with the Warrant Agent, as the case may be, shall be sufficiently given or made if in writing and delivered in person, mailed by first-class mail or sent by facsimile transmission addressed as follows: If to the Company: ITC/\DeltaCom, ): Dynegy Inc. ▇▇▇.▇. ▇▇▇▇▇▇▇ Drive West Point▇▇▇▇▇▇ Suite 1400 Houston, Georgia 31833 Facsimile No.TX 77002 Attention: General Counsel Fax: (▇▇▇) ▇▇▇-▇▇▇▇ Attention: General Counsel If Any notice or demand pursuant to this Warrant Agreement to be given by the Company or by any Holder to the Warrant Agent: Mellon Investor Services LLC Agent shall be sufficiently given if sent in the same manner as notices or demands are to be given or made to or on the Company (except for Warrant Exercise Notices, which shall be delivered in accordance with Section 7) to the Warrant Agent at the office maintained by the Warrant Agent (the “Warrant Agent Office”) as follows (until another address is filed in writing by the Warrant Agent with the Company, which other address shall become the address of the Warrant Agent Office for the purposes of this Agreement): Computershare ▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ Attention: Client Services Manager Fax: ▇▇▇-▇▇▇-▇▇▇▇ Attention: Relationship Manager With a copy to: Mellon Investor Services LLC ▇▇ ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇. ▇▇▇▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇-▇▇▇Facsimile NoAttention: Corporate Actions Dept., 27th Floor Fax: (▇▇▇) ▇▇▇-▇▇▇▇ Attention: General Counsel In case the Company shall fail to maintain such office or agency or shall fail to give such notice of the location or of any change in the location thereof, presentations may be made and notices and demands may be served at the principal office of the Warrant Agent. The Company or the Warrant Agent by notice to the other may designate additional or different addresses for subsequent notices or communications. Any notice or communication mailed to a Holder shall be mailed to such Holder at its address as it appears on the Warrant Register by first-class mail and shall be sufficiently given to such Holder if so mailed within the time prescribed. Copies of any such communication or notice to a Holder shall also be mailed to the Warrant Agent at the same time. Failure to transmit a notice or communication to a Holder as provided herein or any defect in any such notice shall not affect its sufficiency with respect to other Holders. Except for a notice to the Warrant Agent, which is deemed given only when received, and except as otherwise provided in this Agreement, if a notice or communication is mailed in the manner provided in this Section 11, it is duly given, whether or not the addressee receives it. Where this Agreement provides for notice in any manner, such notice may be waived in writing by the Person entitled to receive such notice, either before or after the event, and such waiver shall be the equivalent of such notice. Waivers of notice by Holders shall be filed with the Warrant Agent, but such filing shall not be a condition precedent to the validity of any action taken in reliance upon such waiver. 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 by mail, then such notification as shall be made with the approval of the Warrant Agent shall constitute a sufficient notification for every purpose hereunder.

Appears in 2 contracts

Sources: Warrant Agreement (Dynegy Inc.), Warrant Agreement (Dynegy Inc.)

Notices to Company and Warrant Agent. Any notice All notices, requests or communication demands authorized by this Agreement to be given or made by the Warrant Agent or by the any registered Holder of any Warrant to or by the Company to on the Company or the Warrant Agent, as the case may be, Agent to be effective shall be sufficiently in writing (including by telecopy), and shall be deemed to have been duly given or made when delivered by hand, or one Business Day if sent by overnight courier service (with next day delivery specified), or two Business Days after being delivered to a recognized courier (whose stated terms of delivery are two business days or less to the destination such notice), or five Business Days after being deposited in the mail, or, in the case of facsimile or email notice, when received, addressed (until another address is filed in writing and delivered in person, mailed by first-class mail or sent by facsimile transmission addressed the Company with the Warrant Agent) as follows: If to the Company: ITC/\DeltaComPHI Group, Inc. 2001 SE ▇▇▇▇ ▇.▇. ▇▇▇▇▇▇▇ Drive West PointThruway Lafayette, Georgia 31833 Facsimile No.LA, 70508 Attn: (▇▇▇) ▇▇▇-▇▇▇▇ Attention: General Counsel If to the Warrant Agent: Mellon Investor Services LLC ▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇▇▇▇ Email: ▇▇▇▇▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇.▇▇▇ Any notice pursuant to this Agreement to be given by the Company or by any registered Holder of any Warrant to the Warrant Agent shall be sufficiently given if sent by first-class mail, postage prepaid, addressed (until another address is filed in writing by the Warrant Agent with the Company), as follows: American Stock Transfer & Trust Company, LLC ▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇▇ Brooklyn, ▇▇▇▇▇▇▇ ▇▇▇▇▇ Attention: Client Services Manager Fax: ▇▇▇-▇▇▇-▇▇▇▇ NY 11219 Attention: Relationship Manager With a copy to: Mellon Investor Services LLC ▇▇ ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇-▇▇▇▇ Facsimile No.: (▇▇▇) ▇▇▇-▇▇▇▇ Attention: General Counsel In case the Company shall fail to maintain such office or agency or shall fail to give such notice of the location or of any change in the location thereof, presentations may be made and notices and demands may be served at the principal office of Management Unless the Warrant Agent. The Company or the Warrant Agent by notice to the other may designate additional or different addresses for subsequent notices or communications. Any is a Global Warrant, any notice or communication mailed to a Holder shall be mailed to such the Holder at its the Holder’s address as it appears on the Warrant Register by first-class mail and shall be sufficiently given to such Holder if so mailed within the time prescribed. Copies of any such communication or Any notice to the owners of a beneficial interest in a Global Warrant shall be distributed through the Depositary in accordance with the procedures of the Depositary. Communications to such Holder shall also be mailed deemed to be effective at the time of dispatch to the Warrant Agent at the same timeDepositary. Failure to transmit provide a notice or communication to a Holder as provided herein or any defect in any such notice it shall not affect its sufficiency with respect to other Holders. Except for a notice to the Warrant Agent, which is deemed given only when received, and except as otherwise provided in this Agreement, if a notice or communication is mailed in the manner provided in this Section 11, it is duly given, whether or not the addressee receives it. Where this Agreement provides for notice in any manner, such notice may be waived in writing by the Person entitled to receive such notice, either before or after the event, and such waiver shall be the equivalent of such notice. Waivers of notice by Holders shall be filed with the Warrant Agent, but such filing shall not be a condition precedent to the validity of any action taken in reliance upon such waiver. 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 by mail, then such notification as shall be made with the approval of the Warrant Agent shall constitute a sufficient notification for every purpose hereunder.

Appears in 2 contracts

Sources: Creditor Warrant Agreement (PHI Group, Inc./De), Creditor Warrant Agreement (PHI Group, Inc./De)

Notices to Company and Warrant Agent. Any notice All notices, requests or communication demands authorized by this Agreement to be given or made by the Warrant Agent or by the any registered Holder of any Warrant to or on the Company to be effective shall be in writing (including by e-mail), and shall be deemed to have been duly given or made when delivered by hand or e-mail, or one (1) Business Day if sent by overnight courier service (with next day delivery specified), or two (2) Business Days after being delivered to a recognized courier (whose stated terms of delivery are two (2) Business Days or less to the destination such notice), or five (5) Business Days after being deposited in the mail, or, in the case of email notice, when received, addressed (until another address is filed in writing by the Company to the Company or with the Warrant Agent, as the case may be, shall be sufficiently given or made if in writing and delivered in person, mailed by first-class mail or sent by facsimile transmission addressed ) as follows: If to the Company: ITC/\DeltaCom, Inc. ▇▇▇▇ ▇.▇. ▇▇▇▇▇▇▇ Drive West Point, Georgia 31833 Facsimile No.: (▇▇▇) ▇▇▇-▇▇▇▇ Attention: General Counsel If to the Warrant Agent: Mellon Investor Services LLC ▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇Offshore Services, ▇▇Inc. ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ Attention: Client Services Manager Fax: ▇▇▇-▇▇▇-▇▇▇▇ Attention: Relationship Manager With a copy to: Mellon Investor Services LLC ▇▇ ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇., ▇▇▇▇▇ ▇▇▇ Covington, LA 70433 Attention: ▇▇▇▇▇ ▇. ▇▇▇▇, ▇▇., Executive Vice President and Chief Financial Officer ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇, Executive Vice President, General Counsel and Chief Compliance Officer Email: ▇▇▇▇▇.▇▇▇▇@▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ ▇▇▇▇▇▇.▇▇▇▇▇▇▇ @▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ Any notice pursuant to this Agreement to be given by the Company or by any registered Holder of any Warrant to the Warrant Agent shall be sufficiently given if sent by overnight courier service or first-class mail, postage prepaid, addressed (until another address is filed in writing by the Warrant Agent with the Company), as follows: Computershare, Inc. Computershare Trust Company, N.A. ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇-▇▇▇Facsimile No.: (▇▇▇) ▇▇▇-▇▇▇▇ Canton, MA 02021 Attention: General Counsel In case the Company shall fail to maintain such office or agency or shall fail to give such notice of the location or of any change in the location thereof, presentations may be made and notices and demands may be served at the principal office of Client Services Unless the Warrant Agent. The Company or the is represented by a Global Warrant Agent by notice to the other may designate additional or different addresses for subsequent notices or communications. Any Certificate, any notice or communication mailed to a Holder shall be mailed to such the Holder at its the Holder’s address as it appears on the Warrant Register by first-class mail and shall be sufficiently given to such Holder if so mailed within the time prescribed. Copies of any such communication or Any notice to the owners of a beneficial interest in a Warrant represented by a Global Warrant Certificate shall be distributed through the Depository in accordance with the procedures of the Depository. Communications to such Holder shall also be mailed deemed to be effective at the time of dispatch to the Warrant Agent at the same timeDepository. Failure to transmit provide a notice or communication to a Holder as provided herein or any defect in any such notice it shall not affect its sufficiency with respect to other Holders. Except for a notice to the Warrant Agent, which is deemed given only when received, and except as otherwise provided in this Agreement, if a notice or communication is mailed in the manner provided in this Section 11, it is duly given, whether or not the addressee receives it. Where this Agreement provides for notice in any manner, such notice may be waived in writing by the Person entitled to receive such notice, either before or after the event, and such waiver shall be the equivalent of such notice. Waivers of notice by Holders shall be filed with the Warrant Agent, but such filing shall not be a condition precedent to the validity of any action taken in reliance upon such waiver. 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 by mail, then such notification as shall be made with the approval of the Warrant Agent shall constitute a sufficient notification for every purpose hereunder.

Appears in 2 contracts

Sources: Warrant Agreement (Hornbeck Offshore Services Inc /La), Warrant Agreement (Hornbeck Offshore Services Inc /La)

Notices to Company and Warrant Agent. Any notice or communication authorized by this Agreement to be given or made by the Warrant Agent or by the Holder of any Warrant or by the Company to the Company or the Warrant Agent, as the case may be, shall be sufficiently given or made if in writing and delivered in person, mailed by first-class mail or sent by facsimile transmission addressed as follows: If to the Company: ITC/\DeltaCom, Inc. ▇▇▇▇ ▇.▇. ▇▇▇▇▇▇▇ Drive West Point, Georgia 31833 Facsimile No.: (▇▇▇) ▇▇▇-▇▇▇▇ Attention: General Counsel If to the Warrant Agent: Mellon Investor Services LLC ▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ Attention: Client Services Manager Fax: ▇▇▇-▇▇▇-▇▇▇▇ Attention: Relationship Manager With a copy to: Mellon Investor Services LLC ▇▇ ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇-▇▇▇▇ Facsimile No.: (▇▇▇) ▇▇▇-▇▇▇▇ Attention: General Counsel 40 In case the Company shall fail to maintain such office or agency or shall fail to give such notice of the location or of any change in the location thereof, presentations may be made and notices and demands may be served at the principal office of the Warrant Agent. The Company or the Warrant Agent by notice to the other may designate additional or different addresses for subsequent notices or communications. Any notice or communication mailed to a Holder shall be mailed to such Holder at its address as it appears on the Warrant Register by first-class mail and shall be sufficiently given to such Holder if so mailed within the time prescribed. Copies of any such communication or notice to a Holder shall also be mailed to the Warrant Agent at the same time. Failure to transmit a notice or communication to a Holder as provided herein or any defect in any such notice shall not affect its sufficiency with respect to other Holders. Except for a notice to the Warrant Agent, which is deemed given only when received, and except as otherwise provided in this Agreement, if a notice or communication is mailed in the manner provided in this Section 11, it is duly given, whether or not the addressee receives it. Where this Agreement provides for notice in any manner, such notice may be waived in writing by the Person entitled to receive such notice, either before or after the event, and such waiver shall be the equivalent of such notice. Waivers of notice by Holders shall be filed with the Warrant Agent, but such filing shall not be a condition precedent to the validity of any action taken in reliance upon such waiver. 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 by mail, then such notification as shall be made with the approval of the Warrant Agent shall constitute a sufficient notification for every purpose hereunder.

Appears in 1 contract

Sources: Warrant Agreement (Itc Deltacom Inc)

Notices to Company and Warrant Agent. Any notice All notices, requests or communication demands authorized by this Agreement to be given or made by the Warrant Agent or by the any registered Holder of any Warrant to or on the Company to be effective shall be in writing (including by e- mail), and shall be deemed to have been duly given or made when delivered by hand or e-mail, or one (1) Business Day if sent by overnight courier service (with next day delivery specified), or two (2) Business Days after being delivered to a recognized courier (whose stated terms of delivery are two (2) Business Days or less to the destination such notice), or five (5) Business Days after being deposited in the mail, or, in the case of email notice, when received, addressed (until another address is filed in writing by the Company to the Company or with the Warrant Agent, as the case may be, shall be sufficiently given or made if in writing and delivered in person, mailed by first-class mail or sent by facsimile transmission addressed ) as follows: If to the Company: ITC/\DeltaCom, Inc. ▇▇▇▇ ▇.▇. ▇▇▇▇▇▇▇ Drive West Point, Georgia 31833 Facsimile No.: (▇▇▇) ▇▇▇-▇▇▇▇ Attention: General Counsel If to the Warrant Agent: Mellon Investor Services LLC ▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇Offshore Services, ▇▇Inc. ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ Attention: Client Services Manager Fax: ▇▇▇-▇▇▇-▇▇▇▇ Attention: Relationship Manager With a copy to: Mellon Investor Services LLC ▇▇ ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇., ▇▇▇▇▇ ▇▇▇ Covington, LA 70433 Attention: ▇▇▇▇▇ ▇. ▇▇▇▇, ▇▇., Executive Vice President and Chief Financial Officer ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇, Executive Vice President, General Counsel and Chief Compliance Officer Email: ▇▇▇▇▇.▇▇▇▇@▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ ▇▇▇▇▇▇.▇▇▇▇▇▇▇ @▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ Any notice pursuant to this Agreement to be given by the Company or by any registered Holder of any Warrant to the Warrant Agent shall be sufficiently given if sent by overnight courier service or first-class mail, postage prepaid, addressed (until another address is filed in writing by the Warrant Agent with the Company), as follows: Computershare, Inc. Computershare Trust Company, N.A. ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇-▇▇▇Facsimile No.: (▇▇▇) ▇▇▇-▇▇▇▇ Canton, MA 02021 Attention: General Counsel In case the Company shall fail to maintain such office or agency or shall fail to give such notice of the location or of any change in the location thereof, presentations may be made and notices and demands may be served at the principal office of Client Services Unless the Warrant Agent. The Company or the is represented by a Global Warrant Agent by notice to the other may designate additional or different addresses for subsequent notices or communications. Any Certificate, any notice or communication mailed to a Holder shall be mailed to such the Holder at its the Holder’s address as it appears on the Warrant Register by first-class mail and shall be sufficiently given to such Holder if so mailed within the time prescribed. Copies of any such communication or Any notice to the owners of a beneficial interest in a Warrant represented by a Global Warrant Certificate shall be distributed through the Depository in accordance with the procedures of the Depository. Communications to such Holder shall also be mailed deemed to be effective at the time of dispatch to the Warrant Agent at the same timeDepository. Failure to transmit provide a notice or communication to a Holder as provided herein or any defect in any such notice it shall not affect its sufficiency with respect to other Holders. Except for a notice to the Warrant Agent, which is deemed given only when received, and except as otherwise provided in this Agreement, if a notice or communication is mailed in the manner provided in this Section 11, it is duly given, whether or not the addressee receives it. Where this Agreement provides for notice in any manner, such notice may be waived in writing by the Person entitled to receive such notice, either before or after the event, and such waiver shall be the equivalent of such notice. Waivers of notice by Holders shall be filed with the Warrant Agent, but such filing shall not be a condition precedent to the validity of any action taken in reliance upon such waiver. 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 by mail, then such notification as shall be made with the approval of the Warrant Agent shall constitute a sufficient notification for every purpose hereunder.

Appears in 1 contract

Sources: Creditor Warrant Agreement (Hornbeck Offshore Services Inc /La)

Notices to Company and Warrant Agent. Any notice or communication demand authorized by this Agreement to be given or made by the Warrant Agent or by the registered Holder of any Warrant Certificate to or by on the Company to the Company or the Warrant Agent, as the case may be, shall be sufficiently given or made if sent by first class or registered mail, postage prepaid or by private courier or overnight delivery service, addressed (until another address is filed in writing and delivered in personby the Company with the Warrant Agent), mailed by first-class mail or sent by facsimile transmission addressed as follows: If to the Company: ITC/\DeltaCom, Inc. Southern Mineral Corporation ▇▇▇▇ ▇.. ▇▇▇▇▇▇▇ Drive West Point, Georgia 31833 Facsimile No.: (▇▇▇) ▇▇▇-▇▇▇▇ Attention: General Counsel If to the Warrant Agent: Mellon Investor Services LLC ▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ Attention: Client Services Manager Fax: ▇▇▇-▇▇▇-▇▇▇▇ Attention: Relationship Manager With a copy to: Mellon Investor Services LLC ▇▇ ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇-▇▇▇▇ Facsimile No.: (▇▇▇) ▇▇▇-▇▇▇▇ Attention: General Counsel President In case the Company shall fail to maintain such office or agency or shall fail to give such notice of the location or of any change in the location thereof, presentations may be made and notices and demands may be served at the principal office of the Warrant Agent. The Any notice pursuant to this Agreement to be given by the Company or by the registered Holder of any Warrant Certificate to the Warrant Agent shall be sufficiently given or made if sent by first-class or registered mail, postage prepaid, or by private courier or overnight delivery service, addressed (until another address is filed in writing by the Warrant Agent with the Company) to the Warrant Agent as follows: American Stock Transfer & Trust Company ▇▇ ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇ Any notice pursuant to this Agreement to be given by the Company or the Warrant Agent by notice to the other may designate additional or different addresses for subsequent notices or communications. Any notice or communication mailed to a Holder Warrant Holders shall be mailed sufficiently given when and if deposited in the mail, first-class or registered mail, postage prepaid or sent by private courier or overnight delivery service, addressed to such the Warrant Holder at its address as it appears on the Warrant Register by first-class mail and shall be sufficiently given to such Holder if so mailed within the time prescribedRegister. Copies of any such communication or notice to a Holder shall also be mailed to the Warrant Agent at the same time. Failure to transmit a notice or communication to a Holder as provided herein or any defect in any such notice shall not affect its sufficiency with respect to other Holders. Except for a notice to The Company hereby irrevocably authorizes the Warrant Agent, in the name and at the expense of the Company, upon the written request of the Company, to mail any such notice to the Holders upon receipt thereof from the Company. Any notice which is deemed given only when received, and except as otherwise provided in this Agreement, if a notice or communication is mailed in the manner herein provided in this Section 11, it is shall be presumed to have been duly givengiven and received when mailed, whether or not the addressee Holder receives itthe notice. Where this Agreement provides for Neither the failure to mail such notice nor any defect in any manner, notice so mailed to any particular Holder shall affect the sufficiency of such notice may be waived in writing by the Person entitled with respect to receive such notice, either before or after the event, and such waiver shall be the equivalent of such notice. Waivers of notice by Holders shall be filed with the Warrant Agent, but such filing shall not be a condition precedent to the validity of any action taken in reliance upon such waiver. 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 by mail, then such notification as shall be made with the approval of the Warrant Agent shall constitute a sufficient notification for every purpose hereunderHolder.

Appears in 1 contract

Sources: Warrant Agreement (Southern Mineral Corp)

Notices to Company and Warrant Agent. Any notice or communication authorized by this Agreement to be given or made by the Warrant Agent or by the Holder of any Warrant or by the Company to the Company or the Warrant Agent, as the case may be, shall be sufficiently given or made if in writing and delivered in person, mailed by first-class mail or sent by facsimile transmission addressed as follows: If to the Company: ITC/\DeltaComITC^DeltaCom, Inc. ▇▇▇▇ ▇.. ▇▇▇▇▇▇▇ Drive West Point▇▇▇▇ ▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇▇▇▇▇▇, Georgia 31833 ▇▇▇▇▇▇▇ ▇▇▇▇▇ Facsimile No.: (▇▇▇) ▇▇▇-▇▇▇▇ Attention: General Counsel If to the Warrant Agent: Mellon Investor Services LLC ▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ Attention: Client Services Manager Fax: ▇▇▇-▇▇▇-▇▇▇▇ Attention: Relationship Manager ▇▇▇▇ ▇▇▇ With a copy to: Mellon Investor Services LLC ▇▇ ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇-▇▇▇▇ Facsimile No.: (▇▇▇) ▇▇▇-▇▇▇▇ Attention: General Counsel In case the Company shall fail to maintain such office or agency or shall fail to give such notice of the location or of any change in the location thereof, presentations may be made and notices and demands may be served at the principal office of the Warrant Agent. The Company or the Warrant Agent by notice to the other may designate additional or different addresses for subsequent notices or communications. Any notice or communication mailed to a Holder shall be mailed to such Holder at its address as it appears on the Warrant Register by first-class mail and shall be sufficiently given to such Holder if so mailed within the time prescribed. Copies of any such communication or notice to a Holder shall also be mailed to the Warrant Agent at the same time. Failure to transmit a notice or communication to a Holder as provided herein or any defect in any such notice shall not affect its sufficiency with respect to other Holders. Except for a notice to the Warrant Agent, which is deemed given only when received, and except as otherwise provided in this Agreement, if a notice or communication is mailed in the manner provided in this Section 11, it is duly given, whether or not the addressee receives it. Where this Agreement provides for notice in any manner, such notice may be waived in writing by the Person entitled to receive such notice, either before or after the event, and such waiver shall be the equivalent of such notice. Waivers of notice by Holders shall be filed with the Warrant Agent, but such filing shall not be a condition precedent to the validity of any action taken in reliance upon such waiver. 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 by mail, then such notification as shall be made with the approval of the Warrant Agent shall constitute a sufficient notification for every purpose hereunder.

Appears in 1 contract

Sources: Warrant Agreement (Itc Deltacom Inc)

Notices to Company and Warrant Agent. Any notice or communication demand authorized by this Agreement to be given or made by the Warrant Agent or by the Holder of any Warrant Certificate to or by on the Company to the Company or the Warrant Agent, as the case may be, shall be sufficiently given or made (i) five business days after deposited in the mail, first class or registered, postage prepaid, (ii) one business day after being timely delivered to a next-day air courier or (ii) when receipt is acknowledged by the addressee, if telecopied, addressed (until another address is filed in writing and delivered in personby the Company with the Warrant Agent), mailed by first-class mail or sent by facsimile transmission addressed as follows: If to the Company: ITC/\DeltaCom, Inc. ▇Focal Communications Corporation ▇▇▇ ▇.▇. ▇▇▇▇▇▇▇ Drive West Point, Georgia 31833 Facsimile No.: (▇▇▇) ▇▇▇-▇▇▇▇ Attention: General Counsel If to the Warrant Agent: Mellon Investor Services LLC ▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ AttentionTelecopy: Client Services Manager Fax: (▇▇▇-) ▇▇▇-▇▇▇▇ Attention: Relationship Manager With a copy to: Mellon Investor Services LLC ▇▇ ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇-▇▇▇▇ Facsimile No.Telephone: (▇▇▇) ▇▇▇-▇▇▇▇ Attention: General Counsel Chief Financial Officer In case the Company shall fail to maintain such office or agency or shall fail to give such notice of the location or of any change in the location thereof, presentations may be made and notices and demands may be served at the principal office of the Warrant Agent. The Any notice pursuant to this Agreement to be given by the Company or by the Holder(s) of any Warrant Certificate to the Warrant Agent by notice to the other may designate additional or different addresses for subsequent notices or communications. Any notice or communication mailed to a Holder shall be mailed to such Holder at its address as it appears on the Warrant Register by first-class mail and shall be sufficiently given to such Holder if so mailed within or made (i) five business days after deposited in the time prescribed. Copies of any such communication mail, first-class or notice registered, postage prepaid, (ii) one business day after being timely delivered to a Holder shall also be mailed next-day air courier or (ii) when receipt is acknowledged by the addressee, if telecopied, addressed (until another address is filed in writing by the Warrant Agent with the Company) to the Warrant Agent at the same time. Failure to transmit a notice or communication to a Holder as provided herein or any defect in any such notice shall not affect its sufficiency with respect to other Holders. Except for a notice to the Warrant Agentfollows: 29 Computershare Trust Company of New York Wall Street Plaza ▇▇ ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇, which is deemed given only when received▇▇▇ ▇▇▇▇ ▇▇▇▇▇ Facsimile: (▇▇▇) ▇▇▇-▇▇▇▇ Attention: General Manager WITH A COPY TO: Computershare Investor Services, and except as otherwise provided in this AgreementLLC ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇, if a notice or communication is mailed in the manner provided in this Section 11, it is duly given, whether or not the addressee receives it. Where this Agreement provides for notice in any manner, such notice may be waived in writing by the Person entitled to receive such notice, either before or after the event, and such waiver shall be the equivalent of such notice. Waivers of notice by Holders shall be filed with the Warrant Agent, but such filing shall not be a condition precedent to the validity of any action taken in reliance upon such waiver. 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 by mail, then such notification as shall be made with the approval of the Warrant Agent shall constitute a sufficient notification for every purpose hereunder.▇▇▇▇▇▇▇▇ ▇▇▇▇▇ Facsimile: (▇▇▇) ▇▇▇-▇▇▇▇ Attention: Relationship Manager

Appears in 1 contract

Sources: Warrant Agreement (Focal Communications Corp)

Notices to Company and Warrant Agent. Any notice or communication demand authorized by this Agreement to be given or made by the Warrant Agent or the Warrant Registrar or by the Holder registered holder of any Warrant to or by on the Company to the Company or the Warrant Agent, as the case may be, shall be sufficiently given or made when received if deposited in the mail, first class or registered, postage prepaid, addressed (until another address is filed in writing and by the Company with the Warrant Agent or Warrant Registrar) or delivered in person, mailed by first-class mail or sent by facsimile transmission addressed as follows: If to the The Company: ITC/\DeltaComChina Natural Gas, Inc. ▇▇▇▇ ▇.▇. ▇▇▇▇▇▇▇ Drive West Point19th Floor, Georgia 31833 Van Metropolis B, Tangyan RD, Hi-tech Zone, Xi'an 710065 P.R. China Attention: Chief Financial Officer Facsimile No.: (▇▇▇) ▇+▇▇-▇▇▇▇ Attention: General Counsel If to the Warrant Agent: Mellon Investor Services LLC ▇▇▇▇ China Natural Gas, Inc. 9▇ ▇▇▇▇ ▇▇▇ ▇▇▇▇▇# ▇▇▇▇ New York, NY 10016 Attention: T▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇ Facsimile No.: +▇ ▇▇▇ ▇▇▇ – 7371 Any notice pursuant to this Agreement to be given by the Company or by the registered holder(s) of any Warrant to the Warrant Agent shall be given in English and shall be sufficiently given when and if deposited in the mail, first-class or registered, postage prepaid, addressed (until another address is filed in writing by the Warrant Agent with the Company), or delivered by facsimile, to and received by the Warrant Agent at its corporate trust office as follows: Deutsche Bank AG, Hong Kong Branch 4▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇ ▇▇▇Attention: Client Services Manager Fax: ▇▇▇-▇▇▇-▇▇▇▇ Attention: Relationship Manager With a copy to: Mellon Investor Services LLC ▇▇ Center 2 ▇▇▇▇▇’▇ ▇▇▇▇ Central Hong Kong Attention: The Managing Director Facsimile No: +▇▇▇ ▇▇▇▇ ▇▇▇▇ Any notice pursuant to this Agreement to be given by the Company or by the registered holder(s) of any Warrant to the Warrant Registrar shall be given in English and shall be sufficiently given when and if deposited in the mail, first-class or registered, postage prepaid, addressed (until another address is filed in writing by the Warrant Registrar with the Company), or delivered by facsimile, to and received by the Warrant Registrar at its corporate trust office as follows: Deutsche Bank Luxembourg S.A. 2, ▇▇▇▇▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇-▇▇ L-1115 Luxembourg Attntion: Coupon Payment Department Facsimile No: 3▇▇▇▇ Facsimile No.: (▇▇▇) -▇▇▇-▇▇▇ With copy to: Deutsche Bank AG, Hong Kong Branch 4▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇▇ ▇▇▇▇ Center 2 ▇▇▇▇▇’▇ ▇▇▇▇ Central Hong Kong Attention: General Counsel In case the Company shall fail to maintain such office or agency or shall fail to give such notice of the location or of any change in the location thereof, presentations may be made and notices and demands may be served at the principal office of the Warrant Agent. The Company or the Warrant Agent by notice to the other may designate additional or different addresses for subsequent notices or communications. Any notice or communication mailed to a Holder shall be mailed to such Holder at its address as it appears on the Warrant Register by first-class mail and shall be sufficiently given to such Holder if so mailed within the time prescribed. Copies of any such communication or notice to a Holder shall also be mailed to the Warrant Agent at the same time. Failure to transmit a notice or communication to a Holder as provided herein or any defect in any such notice shall not affect its sufficiency with respect to other Holders. Except for a notice to the Warrant Agent, which is deemed given only when received, and except as otherwise provided in this Agreement, if a notice or communication is mailed in the manner provided in this Section 11, it is duly given, whether or not the addressee receives it. Where this Agreement provides for notice in any manner, such notice may be waived in writing by the Person entitled to receive such notice, either before or after the event, and such waiver shall be the equivalent of such notice. Waivers of notice by Holders shall be filed with the Warrant Agent, but such filing shall not be a condition precedent to the validity of any action taken in reliance upon such waiver. 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 by mail, then such notification as shall be made with the approval of the Warrant Agent shall constitute a sufficient notification for every purpose hereunder.Managing Director Facsimile No: +▇▇▇ ▇▇▇▇ ▇▇▇▇

Appears in 1 contract

Sources: Warrant Agreement (China Natural Gas, Inc.)

Notices to Company and Warrant Agent. Any notice All notices, demands and other communications provided for or communication authorized by permitted under this Agreement to be given or made by the Warrant Agent or by the Holder of any Warrant to or on the Company shall be made in writing by hand- delivery, certified first-class mail, return receipt requested, next-day air courier or facsimile as follows (until another address is filed in writing by the Company to the Company or with the Warrant Agent): Orbital Sciences Corporation 21839 Atlantic Boulevard Dulles, as the case may be, shall be sufficiently given or made if in writing and delivered in person, mailed by first-class mail or sent by facsimile transmission addressed as follows: If to the Company: ITC/\DeltaCom, Inc. ▇▇▇▇ ▇.▇. VA 20166 ▇▇▇▇▇▇▇ Drive West Point, Georgia 31833 Facsimile No.▇▇▇: (▇▇▇) ▇▇▇-▇▇▇▇ Attention: General Counsel If to the Warrant Agent: Mellon Investor Services LLC ▇▇▇ Legal Department ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ Attention: Client Services Manager Fax: ▇▇▇-▇▇▇-▇▇▇▇ Attention: Relationship Manager With h a copy to: Mellon Investor Services LLC Hogan and Hartson, L.L.P. Columbia Square 55 13th Street N.W. Washington, DC 20004 ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇-▇▇▇▇ Facsimile No.: (▇▇▇) ▇▇▇-▇▇▇▇ Attention: General Counsel In case James E. Showen ▇▇ ▇ase the Company shall fail to maintain such office main▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇e or agency or shall fail to give such notice of the location or of any change in the location thereof, presentations may be made and notices and demands may be served at the principal office of the Warrant Agent. The All notices, demands and other communications provided for or permitted under this Agreement to be given or made by the Company or by the Warrant Agent by notice to the other may designate additional or different addresses for subsequent notices or communications. Any notice or communication mailed to a Holder shall be mailed to such Holder at its address as it appears on the Warrant Register by first-class mail and shall be sufficiently given to such Holder if so mailed within the time prescribed. Copies Holder(s) of any such communication or notice to a Holder shall also be mailed Warrant to the Warrant Agent at the same time. Failure to transmit a notice shall be made in writing by hand- delivery, certified first-class mail, return receipt requested, next-day air courier or communication to a Holder facsimile as provided herein or any defect in any such notice shall not affect its sufficiency with respect to other Holders. Except for a notice to the Warrant Agent, which follows (until another address is deemed given only when received, and except as otherwise provided in this Agreement, if a notice or communication is mailed in the manner provided in this Section 11, it is duly given, whether or not the addressee receives it. Where this Agreement provides for notice in any manner, such notice may be waived filed in writing by the Person entitled to receive Warrant Agent with the Company): U.S. Bank, N.A. 180 East 5th Street St. Paul, MN 55101 ▇▇▇▇▇▇▇▇▇: (▇▇▇) ▇▇▇-▇▇▇▇ Attention: Corporate Trust Depart▇▇▇▇ All such notice, either before or after the event, notices and such waiver communications shall be deemed to have been duly given: when delivered by hand, if personally delivered; five Business Days after being deposited in the equivalent of such notice. Waivers of notice by Holders shall be filed with the Warrant Agent, but such filing shall not be a condition precedent to the validity of any action taken in reliance upon such waiver. 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 by mail, then such notification as shall be made with postage prepaid, if mailed; one Business Day after being timely delivered to a next-day air courier; and when receipt is acknowledged by the approval of the Warrant Agent shall constitute a sufficient notification for every purpose hereunderaddressee, if telecopied.

Appears in 1 contract

Sources: Warrant Agreement (Orbital Sciences Corp /De/)