Common use of Notices to Securityholders; Waiver Clause in Contracts

Notices to Securityholders; Waiver. Where this Indenture provides for notice to Securityholders of any event, such notice shall be sufficiently given (unless otherwise herein expressly provided) (a) to Holders of Registered Securities, if in writing and mailed, first-class, postage prepaid, to each Holder of a Registered Security affected by such event, at his address as it appears on the Security Register, not later than the latest date, and not earlier than the earliest date, prescribed for the giving of such notice and (b) to Holders of Bearer Securities, if published in an Authorized Newspaper on a Business Day at least twice, the first such publication to be not earlier than the earliest date, and not later than the latest date, prescribed herein for the giving of such notice. In any case where notice to Holders of Registered Securities is given by mail, neither the failure to mail such notice, nor any defect in any notice so mailed, to any particular Holder of a Registered Security shall affect the sufficiency of such notice with respect to other Holders of Registered Securities or the sufficiency of any notice by publication to Holders of Bearer Securities given as provided herein. Any notice mailed to Holders in the manner prescribed herein shall be deemed to have been given whether or not received by any particular Holder. In case, by reason of the suspension of regular mail service, or by reason of any other cause, it shall be impossible or impracticable to give any notice to Holders of Registered Securities by mail, then such notification as shall be made with the approval of the Trustee shall constitute notification for every purpose hereunder. In case, by reason of the suspension of publication of any Authorized Newspaper, or by reason of any other cause, it shall be impossible or impracticable to make publication of any notice to Holders of Bearer Securities in an Authorized Newspaper or Authorized Newspapers as provided by this Indenture, then such method of publication or notification to Holders of Bearer Securities as shall be made with the approval of the Trustee shall constitute a sufficient publication of such notice for every purpose hereunder. Neither the failure to give notice by publication, nor any defect in any notice so given, to any particular Holder of a Bearer Security as provided herein shall affect the sufficiency of such notice with respect to other Holders of Bearer Securities or the sufficiency of any notice to Holders of Registered Securities as provided herein. Where this Indenture provides for notice in any manner, such notice may be waived in writing by the Person entitled to receive such notice, either before or after the event, and such waiver shall be the equivalent of such notice. Waivers of notice by Securityholders shall be filed with the Trustee, but such filing shall not be a condition precedent to the validity of any action taken in reliance upon such waiver.

Appears in 2 contracts

Sources: Indenture (Fortune Brands Inc), Indenture (Fortune Brands Inc)

Notices to Securityholders; Waiver. Where this Indenture Pooling Agreement provides for notice to Securityholders of any event, such notice shall be sufficiently given (unless otherwise herein expressly provided) (a) to Holders of Registered Securities, if in writing and mailed, first-class, postage prepaid, prepaid to each Holder of a Registered Security Securityholder affected by such eventevent (and in all cases, the Insurer and ▇▇▇▇▇▇▇ Mac shall receive notice), at his address as it appears on the Security Register, not later than the latest date, and not earlier than the earliest date, prescribed for the giving of such notice and (b) to Holders of Bearer Securities, if published in an Authorized Newspaper on a Business Day at least twice, the first such publication to be not earlier than the earliest date, and not later than the latest date, prescribed herein for the giving of such notice. In any case where notice to Holders of Registered Securities Securityholders is given by mail, neither the failure to mail such notice, notice nor any defect in any notice so mailed, mailed to any particular Holder of a Registered Security Securityholder shall affect the sufficiency of such notice with respect to other Holders of Registered Securities or the sufficiency of Securityholders, and any notice by publication to Holders of Bearer Securities given as provided herein. Any notice that is mailed to Holders in the manner prescribed herein provided shall conclusively be deemed presumed to have been given whether or not received by any particular Holder. In case, by reason of the suspension of regular mail service, or by reason of any other cause, it shall be impossible or impracticable to give any notice to Holders of Registered Securities by mail, then such notification as shall be made with the approval of the Trustee shall constitute notification for every purpose hereunder. In case, by reason of the suspension of publication of any Authorized Newspaper, or by reason of any other cause, it shall be impossible or impracticable to make publication of any notice to Holders of Bearer Securities in an Authorized Newspaper or Authorized Newspapers as provided by this Indenture, then such method of publication or notification to Holders of Bearer Securities as shall be made with the approval of the Trustee shall constitute a sufficient publication of such notice for every purpose hereunder. Neither the failure to give notice by publication, nor any defect in any notice so duly given, to any particular Holder of a Bearer Security as provided herein shall affect the sufficiency of such notice with respect to other Holders of Bearer Securities or the sufficiency of any notice to Holders of Registered Securities as provided herein. Where this Indenture Pooling Agreement provides for notice in any manner, such notice may be waived in writing by the any Person entitled to receive such notice, either before or after the event, and such waiver shall be the equivalent of such notice. Waivers of notice by Securityholders shall be filed with the Trustee, Trustee but such filing shall not be a condition precedent to the validity of any action taken in reliance upon such a waiver. In case, by reason of the suspension of regular mail service as a result of a strike, work stoppage or similar activity, it shall be impractical to mail notice of any event to Securityholders when such notice is required to be given pursuant to any provision of this Pooling Agreement, then any manner of giving such notice as shall be satisfactory to the Trustee shall be deemed to be a sufficient giving of such notice. Where this Pooling Agreement provides for notice to the Rating Agencies, failure to give such notice shall not affect any other rights or obligations created hereunder.

Appears in 2 contracts

Sources: Pooling Agreement and Indenture (Greenpoint Mortgage Securities Inc/), Pooling Agreement and Indenture (Greenpoint Mortgage Securities Inc/)

Notices to Securityholders; Waiver. Where this Indenture provides for notice to Securityholders of any event, such notice shall be sufficiently given (unless otherwise herein expressly provided) ) (a) to Holders of Registered Securities, if in writing and mailed, first-class, postage prepaid, to each Holder of a Registered Security Securities affected by such event, at his such Holder’s address as it appears on the Security Register, not later than the latest date, and not earlier than the earliest date, prescribed for the giving of such notice and (b) except as otherwise specified with respect to any Securities pursuant to Section 3.01, to Holders of Bearer Securities, if published in an Authorized Newspaper in the City of New York and, if the Securities of such series are then listed on the London Stock Exchange Limited and such stock exchange shall so require, in London, and, if the Securities of such series are then listed on the Luxembourg Stock Exchange and such stock exchange shall so require, in Luxembourg, and, if the Securities of such series are then listed on any other stock exchange outside the United States and such stock exchange shall so require, in any other required city outside the United States or, if not practicable, in Europe, on a Business Day at least twice, the first such publication to be not later than the latest date and not earlier than the earliest date, and not later than the latest date, date prescribed herein for the giving of such notice. Any such notice shall be deemed to have been given on the date of such publication or, if published more than once, on the date of the first publication. In any case where notice to Holders of Registered Securities is given by mail, neither the failure to mail such notice, nor any defect in any notice so mailed, to any particular Holder of a Registered Security shall affect the sufficiency of such notice with respect to other Holders of Registered Securities or the sufficiency of any notice by publication to Holders of Bearer Securities given as provided herein. Any notice mailed to Holders a Holder in the manner prescribed herein shall be conclusively deemed to have been given to such Holder whether or not received by any particular such Holder. In case, by reason of the suspension of regular mail service, or by reason of any other cause, it shall be impossible or impracticable to give any notice to Holders of Registered Securities by mail, then such notification as shall be made with the approval of the Trustee shall constitute sufficient notification to Holders for every purpose hereunder. Where this Indenture or any Securities provide for notice of any event (including any notice of redemption or repurchase) to a Holder of a Global Security (whether by mail or otherwise), such notice shall be sufficiently given if given to the Depositary (or its designee) pursuant to the standing instructions from the Depositary or its designee, including by electronic mail in accordance with Applicable Procedures. Any request, demand, authorization, direction, notice, consent or waiver required or permitted under this Indenture shall be in the English language, except that any published notice may be in an official language of the country of publication. In case, by reason of the suspension of publication of any Authorized Newspaper, or by reason of any other cause, it shall be impossible or impracticable to make publication of any notice to Holders of Bearer Securities in an Authorized Newspaper or Authorized Newspapers as provided required by this Indenture, then such method of publication or notification to Holders of Bearer Securities as shall be made with the approval of the Trustee shall constitute a sufficient publication of such notice for every purpose hereundernotice. Neither the failure to give notice by publication, nor any defect in any notice so given, to any particular Holder of a Bearer Security as provided herein shall affect the sufficiency of such notice with respect to other Holders of Bearer Securities or the sufficiency of any notice given to Holders of Registered Securities as provided herein. Where this Indenture provides for notice in any manner, such notice may be waived in writing by the Person entitled to receive such notice, either before or after the event, and such waiver shall be the equivalent of such notice. Waivers of notice by Securityholders shall be filed with the Trustee, but such filing shall not be a condition precedent to the validity of any action taken in reliance upon such waiver.

Appears in 2 contracts

Sources: Indenture (Meritor, Inc. (Nev)), Indenture (Meritor Electric Vehicles, LLC)

Notices to Securityholders; Waiver. Where this Indenture provides for notice to Securityholders of any event, such notice shall be sufficiently given (unless otherwise herein expressly provided) (a) to Holders of Registered Securities, if in writing and mailed, first-class, postage prepaid, to each Holder of a Registered Security Securities affected by such event, at his such Holder's address as it appears on the Security Register, not later than the latest date, and not earlier than the earliest date, prescribed for the giving of such notice and (b) except as otherwise specified with respect to any Securities pursuant to Section 3.01, to Holders of Bearer Securities, if published in an Authorized Newspaper in the City of New York and, if the Securities of such series are then listed on the London Stock Exchange Limited and such stock exchange shall so require, in London, and, if the Securities of such series are then listed on the Luxembourg Stock Exchange and such stock exchange shall so require, in Luxembourg, and, if the Securities of such series are then listed on any other stock exchange outside the United States and such stock exchange shall so require, in any other required city outside the United States or, if not practicable, in Europe, on a Business Day at least twice, the first such publication to be not later than the latest date and not earlier than the earliest date, and not later than the latest date, date prescribed herein for the giving of such notice. Any such notice shall be deemed to have been given on the date of such publication or, if published more than once, on the date of the first publication. In any case where notice to Holders of Registered Securities is given by mail, neither the failure to mail such notice, nor any defect in any notice so mailed, to any particular Holder of a Registered Security shall affect the sufficiency of such notice with respect to other Holders of Registered Securities or the sufficiency of any notice by publication to Holders of Bearer Securities given as provided herein. Any notice mailed to Holders a Holder in the manner prescribed herein shall be conclusively deemed to have been given to such Holder whether or not received by any particular such Holder. In case, by reason of the suspension of regular mail service, or by reason of any other cause, it shall be impossible or impracticable to give any notice to Holders of Registered Securities by mail, then such notification as shall be made with the approval of the Trustee shall constitute sufficient notification to Holders for every purpose hereunder. Any request, demand, authorization, direction, notice, consent or waiver required or permitted under this Indenture shall be in the English language, except that any published notice may be in an official language of the country of publication. In case, by reason of the suspension of publication of any Authorized Newspaper, or by reason of any other cause, it shall be impossible or impracticable to make publication of any notice to Holders of Bearer Securities in an Authorized Newspaper or Authorized Newspapers as provided required by this Indenture, then such method of publication or notification to Holders of Bearer Securities as shall be made with the approval of the Trustee shall constitute a sufficient publication of such notice for every purpose hereundernotice. Neither the failure to give notice by publication, nor any defect in any notice so given, to any particular Holder of a Bearer Security as provided herein shall affect the sufficiency of such notice with respect to other Holders of Bearer Securities or the sufficiency of any notice given to Holders of Registered Securities as provided herein. Where this Indenture provides for notice in any manner, such notice may be waived in writing by the Person entitled to receive such notice, either before or after the event, and such waiver shall be the equivalent of such notice. Waivers of notice by Securityholders shall be filed with the Trustee, but such filing shall not be a condition precedent to the validity of any action taken in reliance upon such waiver.

Appears in 1 contract

Sources: Indenture (Rockwell Collins Inc)

Notices to Securityholders; Waiver. Where this Indenture or any Security provides for notice to Securityholders Holders of any event, (1) if any of the Securities affected by such event are Regis tered Securities, such notice shall be sufficiently given (unless otherwise herein or in such Securities expressly provided) (a) to Holders of Registered Securities, if in writing and mailed, first-class, postage prepaid, to each Registered Holder of a Registered Security affected by such eventSecurities, at his address as it appears on in the Security Register, not later than the latest date, and not earlier than the earliest date, prescribed for the giving of such notice and (b2) to Holders if any of Bearer the Securities affected by such event are Unregistered Securities, such notice shall be sufficiently given (unless otherwise 15 9 herein or in such Securities expressly provided) if published once in an Authorized Newspaper in the Place of Payment or, if such Unregistered Securities are listed on a Business Day at least twicethe Luxembourg Stock Exchange and if so requested by such exchange, in Luxembourg, not later than the first such publication to be latest date, and not earlier than the earliest date, and not later than the latest date, prescribed herein for the giving of such notice. In any case where notice to Holders of Registered Securities Securityholders is given by mail, neither the failure to mail such notice, nor any defect in any notice so mailed, to any particular Holder of a Registered Security Securityholder shall affect the sufficiency of such notice with respect to other Holders of Registered Securities or the sufficiency of any notice by publication to Holders of Bearer Securities given as provided herein. Any notice mailed to Holders in the manner prescribed herein shall be deemed to have been given whether or not received by any particular Holder. In case, by reason of the suspension of regular mail service, or by reason of any other cause, it shall be impossible or impracticable to give any notice to Holders of Registered Securities by mail, then such notification as shall be made with the approval of the Trustee shall constitute notification for every purpose hereunder. In case, by reason of the suspension of publication of any Authorized Newspaper, or by reason of any other cause, it shall be impossible or impracticable to make publication of any notice to Holders of Bearer Securities in an Authorized Newspaper or Authorized Newspapers as provided by this Indenture, then such method of publication or notification to Holders of Bearer Securities as shall be made with the approval of the Trustee shall constitute a sufficient publication of such notice for every purpose hereunder. Neither the failure to give notice by publication, nor any defect in any notice so given, to any particular Holder of a Bearer Security as provided herein shall affect the sufficiency of such notice with respect to other Holders of Bearer Securities or the sufficiency of any notice to Holders of Registered Securities as provided hereinSecurityholders. Where this Indenture provides for notice in any manner, such notice may be waived in writing by the Person entitled to receive such notice, either before or after the event, and such waiver shall be the equivalent of such notice. Waivers of notice by Securityholders shall be filed with the Trustee, 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 publication of any Authorized Newspaper or Authorized Newspapers, or by reason of any other cause, it shall be impossible to make publication of any notice in an Authorized Newspaper or Authorized Newspapers as required by any Security or this Indenture, then such method of publication or notification as shall be made with the approval of the Trustee shall constitute a sufficient publication of such notice. In case, by reason of the suspension of regular mail service as a result of a strike, work stoppage or otherwise, it shall be impracticable to mail notice of any event to the Holders of Securities when such notice is required to be given pursuant to any provision of this Indenture, then any manner of giving such notice as shall be satisfactory to the Trustee and the Company shall be deemed to be a sufficient giving of such notice.

Appears in 1 contract

Sources: Indenture (Xerox Corp)

Notices to Securityholders; Waiver. Where this Indenture provides for notice to Securityholders of any event, such notice shall be sufficiently given (unless otherwise herein expressly provided) ) (a) to Holders of Registered Securities, if in writing and mailed, first-class, postage prepaid, to each Holder of a Registered Security Securities affected by such event, at his such Holder's address as it appears on the Security Register, not later than the latest date, and not earlier than the earliest date, prescribed for the giving of such notice and (b) except as otherwise specified with respect to any Securities pursuant to Section 3.01, to Holders of Bearer Securities, if published in an Authorized Newspaper in the City of New York and, if the Securities of such series are then listed on the London Stock Exchange Limited and such stock exchange shall so require, in London, and, if the Securities of such series are then listed on the Luxembourg Stock Exchange and such stock exchange shall so require, in Luxembourg, and, if the Securities of such series are then listed on any other stock exchange outside the United States and such stock exchange shall so require, in any other required city outside the United States or, if not practicable, in Europe, on a Business Day at least twice, the first such publication to be not later than the latest date and not earlier than the earliest date, and not later than the latest date, date prescribed herein for the giving of such notice. Any such notice shall be deemed to have been given on the date of such publication or, if published more than once, on the date of the first publication. In any case where notice to Holders of Registered Securities is given by mail, neither the failure to mail such notice, nor any defect in any notice so mailed, to any particular Holder of a Registered Security shall affect the sufficiency of such notice with respect to other Holders of Registered Securities or the sufficiency of any notice by publication to Holders of Bearer Securities given as provided herein. Any notice mailed to Holders a Holder in the manner prescribed herein shall be conclusively deemed to have been given to such Holder whether or not received by any particular such Holder. In case, by reason of the suspension of regular mail service, or by reason of any other cause, it shall be impossible or impracticable to give any notice to Holders of Registered Securities by mail, then such notification as shall be made with the approval of the Trustee shall constitute sufficient notification to Holders for every purpose hereunder. Any request, demand, authorization, direction, notice, consent or waiver required or permitted under this Indenture shall be in the English language, except that any published notice may be in an official language of the country of publication. In case, by reason of the suspension of publication of any Authorized Newspaper, or by reason of any other cause, it shall be impossible or impracticable to make publication of any notice to Holders of Bearer Securities in an Authorized Newspaper or Authorized Newspapers as provided required by this Indenture, then such method of publication or notification to Holders of Bearer Securities as shall be made with the approval of the Trustee shall constitute a sufficient publication of such notice for every purpose hereundernotice. Neither the failure to give notice by publication, nor any defect in any notice so given, to any particular Holder of a Bearer Security as provided herein shall affect the sufficiency of such notice with respect to other Holders of Bearer Securities or the sufficiency of any notice given to Holders of Registered Securities as provided herein. Where this Indenture provides for notice in any manner, such notice may be waived in writing by the Person entitled to receive such notice, either before or after the event, and such waiver shall be the equivalent of such notice. Waivers of notice by Securityholders shall be filed with the Trustee, but such filing shall not be a condition precedent to the validity of any action taken in reliance upon such waiver.

Appears in 1 contract

Sources: Indenture (Maremont Exhaust Products, Inc.)

Notices to Securityholders; Waiver. Where this Indenture or any Security provides for notice to Securityholders of any event, such notice shall be sufficiently given (unless otherwise herein or in such Security expressly provided) (a) to Holders of Registered Securities, if in writing and mailed, first-class, class postage prepaid, at the expense of the Company, to each Holder of a Registered Security Securityholder affected by such event, at his its address as it appears on in the Security Register, except, in the case of a Global Security registered in the name of DTC or its nominee, in the then-customary manner of notification not later than the latest date, and not earlier than the earliest date, prescribed for the giving of such notice notice; except that, so long as the Securities are listed on the Luxembourg Stock Exchange and the rules of that exchange so require, notices shall also be published in a leading newspaper having general circulation in Luxembourg (bwhich is expected to be the Luxemburger Wort) and notices shall also be published in a leading newspaper having general circulation in Argentina (which is expected to Holders be La Nacion) and otherwise in accordance with the provisions of Bearer Securitiesthe Negotiable Obligations Law and other applicable regulations (including publication in the Official Gazette of Argentina, if published required). Notices shall also be placed in an Authorized Newspaper a leading newspaper having general circulation in any city in which the Securities are listed on a Business Day at least twicestock exchange, if so required by the first rules of such publication to stock exchange. Any notice so mailed shall be not earlier than deemed given on the earliest datedate of receipt, and not later than Notices given by publication shall be deemed given on the latest date, prescribed herein for the giving last day of such noticepublication. In any case where notice to Holders of Registered Securities Securityholders is given by mail, neither the inadvertent failure to mail such notice, nor any defect in any notice so mailed, to any particular Holder of a Registered Security Securityholder shall affect the sufficiency of such notice with respect to other Holders of Registered Securities or the sufficiency of any notice by publication to Holders of Bearer Securities given as provided herein. Any notice mailed to Holders in the manner prescribed herein shall be deemed to have been given whether or not received by any particular Holder. In case, by reason of the suspension of regular mail service, or by reason of any other cause, it shall be impossible or impracticable to give any notice to Holders of Registered Securities by mail, then such notification as shall be made with the approval of the Trustee shall constitute notification for every purpose hereunder. In case, by reason of the suspension of publication of any Authorized Newspaper, or by reason of any other cause, it shall be impossible or impracticable to make publication of any notice to Holders of Bearer Securities in an Authorized Newspaper or Authorized Newspapers as provided by this Indenture, then such method of publication or notification to Holders of Bearer Securities as shall be made with the approval of the Trustee shall constitute a sufficient publication of such notice for every purpose hereunder. Neither the failure to give notice by publication, nor any defect in any notice so given, to any particular Holder of a Bearer Security as provided herein shall affect the sufficiency of such notice with respect to other Holders of Bearer Securities or the sufficiency of any notice to Holders of Registered Securities as provided hereinSecurityholders. Where this Indenture or any Security 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 Securityholders shall be filed with the Trustee, 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 as a result of a strike, work stoppage or otherwise, it shall be impractical to mail notice of any event to any Securityholder when such notice is required to be given pursuant to any provision of this Indenture, then any method of notification as shall be satisfactory to the Trustee and the Company shall be deemed to be a sufficient giving of such notice.

Appears in 1 contract

Sources: Indenture (Perez Companc Sa)

Notices to Securityholders; Waiver. (a) Where this Indenture provides for notice to Securityholders of any event, such notice shall be given by the Trustee and shall be deemed sufficiently given (unless otherwise herein expressly provided) ) if (a) to Holders of Registered Securities, if given in writing and mailed, first-class, class postage prepaid, to each Holder of a Registered Security affected by such eventSecurityholder, at his its address as it appears on in the Security Register, not later than the latest date, if any, and not earlier than the earliest date, if any, prescribed for the giving of such notice and notice, (b) published in English on at least one Business Day in a morning edition in a leading newspaper having general circulation in the Borough of Manhattan, The City of New York, and (c) so long as the Securities are listed on the Luxembourg stock exchange and the rules of that exchange so require, published in English in a leading newspaper having general circulation in Luxembourg (which is expected to Holders of Bearer Securitiesbe d'Wort) or, if such publication is not practicable, in another leading English language daily newspaper with general circulation in Europe, and, in each case, such notice to be published on at least one Business Day in a morning edition, whether or not it shall be published in an Authorized Newspaper on a Business Day at least twiceSaturday, the first such publication to be not earlier than the earliest date, and not later than the latest date, prescribed herein for the giving of such notice. In any case where notice to Holders of Registered Securities is given by mail, neither the failure to mail such notice, nor any defect in any notice so mailed, to any particular Holder of a Registered Security shall affect the sufficiency of such notice with respect to other Holders of Registered Securities Sunday or the sufficiency of any notice by publication to Holders of Bearer Securities given as provided hereinholiday editions. Any notice mailed will be deemed validly given on (i) the date of mailing in respect of notices given in accordance to Holders clause (a) and (ii) the date of publication in the manner prescribed herein shall be deemed to have been case of notices given whether or not received by any particular Holder. In case, by reason of the suspension of regular mail service, or by reason of any other cause, it shall be impossible or impracticable to give any notice to Holders of Registered Securities by mail, then such notification as shall be made in accordance with the approval of the Trustee shall constitute notification for every purpose hereunder. In case, by reason of the suspension of publication of any Authorized Newspaper, or by reason of any other cause, it shall be impossible or impracticable to make publication of any notice to Holders of Bearer Securities in an Authorized Newspaper or Authorized Newspapers as provided by this Indenture, then such method of publication or notification to Holders of Bearer Securities as shall be made with the approval of the Trustee shall constitute a sufficient publication of such notice for every purpose hereunder. Neither the failure to give notice by publication, nor any defect in any notice so given, to any particular Holder of a Bearer Security as provided herein shall affect the sufficiency of such notice with respect to other Holders of Bearer Securities or the sufficiency of any notice to Holders of Registered Securities as provided hereinclause (b) and (if applicable) clause (c). Where this Indenture provides for notice in any mannernotice, 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 Securityholders shall be filed with the Trustee, but such filing shall not be a condition precedent to the validity of any action taken in reliance upon such waiver. In the case of notice given by mail pursuant to clause (a), neither the failure to mail such notice, nor any defect in any notice so mailed, to any particular Securityholder shall affect the sufficiency of such notice with respect to other Securityholders. (b) In the case of the suspension of regular mail service or by reason of any other cause it shall be impracticable to give such notice by mail pursuant to clause (a), then such notification as shall be made with the approval of the Trustee, in addition to notice given pursuant to clause (b) and (if applicable) clause (c), shall constitute a sufficient notification for every purpose hereunder.

Appears in 1 contract

Sources: Indenture (Bank Bradesco)

Notices to Securityholders; Waiver. Where this Indenture provides for Any notice required or permitted to be given to Securityholders of any event, such notice shall be sufficiently given (unless otherwise herein expressly provided), (a) if to Holders of Registered SecuritiesHolders, if given in writing and mailed, first-classby first class mail, postage prepaid, or otherwise given pursuant to each Holder of a Registered Security affected by applicable Depositary procedures to such event, Holders at his address their addresses as it appears the same shall appear on the Security RegisterRegister of the Company; provided, not later than the latest date, and not earlier than the earliest date, prescribed for the giving of such notice and (b) to Holders of Bearer Securities, if published in an Authorized Newspaper on a Business Day at least twice, the first such publication to be not earlier than the earliest date, and not later than the latest date, prescribed herein for the giving of such notice. In any case where notice to Holders of Registered Securities is given by mail, neither the failure to mail such notice, nor any defect in any notice so mailed, to any particular Holder of a Registered Security shall affect the sufficiency of such notice with respect to other Holders of Registered Securities or the sufficiency of any notice by publication to Holders of Bearer Securities given as provided herein. Any notice mailed to Holders that in the manner prescribed herein shall be deemed to have been given whether or not received by any particular Holder. In case, by reason event of the suspension of regular mail service, service or by reason of any other cause, cause it shall be impossible or impracticable to give any notice to Holders of Registered Securities by mail, then such notification as shall be made given with the approval of the Trustee shall constitute notification for every purpose hereunder. In case, by reason of the suspension of publication of any Authorized Newspaper, or by reason of any other cause, it shall be impossible or impracticable to make publication of any notice to Holders of Bearer Securities in an Authorized Newspaper or Authorized Newspapers as provided by this Indenture, then such method of publication or notification to Holders of Bearer Securities as shall be made with the approval of the Trustee shall constitute a sufficient publication of such notice for every purpose hereunder. Neither ; or (b) if a series of Securities has been issued in the failure form of one or more Global Securities through DTC as Depositary, notice may be provided with respect to give notice such series of Securities by publication, nor any defect in any notice so given, to any particular Holder of a Bearer Security as provided herein shall affect the sufficiency delivery of such notice with respect to other Holders of Bearer Securities DTC for posting through its “Legal Notice Service” (LENS) or the sufficiency of any notice to Holders of Registered Securities as provided hereina successor system thereof. Where this Indenture provides for notice in any manner, such notice may be waived in writing by the Person entitled to receive such notice, either before or after the event, and such waiver shall be the equivalent of such notice. Waivers of notice by Securityholders Holders shall be filed with the Trustee, but such filing shall not be a condition precedent to the validity of any action taken in reliance upon on such waiver. In any case where notice to Holders is given by mail; neither the failure to mail such notice nor any defect in any notice so mailed to any particular Holder shall affect the sufficiency of such notice with respect to other Holders, and any notice that is mailed in the manner herein provided shall be conclusively presumed to have been duly given. In any case where notice to Holders is given by publication, any defect in any notice so published as to any particular Holder shall not affect the sufficiency of such notice with respect to other Holders, and any notice that is published in the manner herein provided shall be conclusively presumed to have been duly given.

Appears in 1 contract

Sources: Indenture (Healthpeak OP, LLC)

Notices to Securityholders; Waiver. Where this Indenture provides for Any notice required or permitted to be given to Securityholders of any event, such notice shall be sufficiently given (unless otherwise herein expressly provided) (a) to Holders of Registered Securities, if to Holders, if given in writing and mailed, first-classby first class mail, postage prepaid, to each such Holders at their addresses as the same shall appear on the Register or in accordance with the applicable procedures of the Depository. Notwithstanding the foregoing sentence, where this Indenture provides for notice of any event to a Holder of a Registered Global Security, such notice shall be sufficiently given if given to the Depository for such Security affected by such event(or its designee), at his address as it appears on pursuant to the Security RegisterApplicable Procedures of the Depository, not later than the latest date, if any, and not earlier than the earliest date, if any, prescribed for the giving of such notice and by this Indenture. (ba) to Holders In the event of Bearer Securities, if published in an Authorized Newspaper on a Business Day at least twice, the first such publication to be not earlier than the earliest date, and not later than the latest date, prescribed herein for the giving of such notice. In any case where notice to Holders of Registered Securities is given by mail, neither the failure to mail such notice, nor any defect in any notice so mailed, to any particular Holder of a Registered Security shall affect the sufficiency of such notice with respect to other Holders of Registered Securities or the sufficiency of any notice by publication to Holders of Bearer Securities given as provided herein. Any notice mailed to Holders in the manner prescribed herein shall be deemed to have been given whether or not received by any particular Holder. In case, by reason of the suspension of regular mail service, service or by reason of any other cause, cause it shall be impossible or impracticable to give any notice to Holders of Registered Securities by mail, then such notification as shall be made given with the approval of the Trustee shall constitute notification for every purpose hereunder. In case, by reason of the suspension of publication of any Authorized Newspaper, or by reason of any other cause, it shall be impossible or impracticable to make publication of any notice to Holders of Bearer Securities in an Authorized Newspaper or Authorized Newspapers as provided by this Indenture, then such method of publication or notification to Holders of Bearer Securities as shall be made with the approval of the Trustee shall constitute a sufficient publication of such notice for every purpose hereunder. Neither the failure to give notice by publication, nor any defect in any notice so given, to any particular Holder of a Bearer Security as provided herein shall affect the sufficiency of such notice with respect to other Holders of Bearer Securities or the sufficiency of any notice to Holders of Registered Securities as provided herein. . (b) Where this Indenture provides for notice in any manner, such notice may be waived in writing by the Person entitled to receive such notice, either before or after the event, and such waiver shall be the equivalent of such notice. Waivers of notice by Securityholders Holders shall be filed with the Trustee, but such filing shall not be a condition precedent to the validity of any action taken in reliance upon on such waiver. In any case where notice to Holders is given by mail, neither the failure to mail such notice nor any defect in any notice so mailed to any particular Holder shall affect the sufficiency of such notice with respect to other Holders, and any notice that is mailed in the manner herein provided shall be conclusively presumed to have been duly given. In any case where notice to Holders is given by publication, any defect in any notice so published as to any particular Holder shall not affect the sufficiency of such notice with respect to other Holders, and any notice that is published in the manner herein provided shall be conclusively presumed to have been duly given.

Appears in 1 contract

Sources: Base Indenture (Frontier Communications Corp)

Notices to Securityholders; Waiver. Where this Indenture or any Security provides for notice to Securityholders Holders of any series of Securities of any event, such : (a) Such notice shall be sufficiently given (unless otherwise herein herein, or in such Security, expressly provided) (a) to Holders of Registered Securities, if in writing and mailed, first-class, class postage prepaid, to each Holder of a Registered registered Security affected by such event, at his address as it appears on in the Security Register, not later than the latest date, and not earlier than the earliest date, prescribed for the giving of such notice and notice. (b) Such notice shall be sufficiently given to Holders of Bearer Securities, Securities if published in an Authorized Newspaper in The City of New York and of such series are then listed on the Luxembourg Stock Exchange and such stock exchange shall so require, in Luxembourg and, if the Security of such series are then listed on any other stock exchange and such stock exchange shall so require, in any other required city outside the United States or, if not practicable, elsewhere on a Business Day at least twice, the first such publication to be not earlier than the earliest date, and not later than the latest date, prescribed herein for the giving of such notice; it being understood that the Company shall notify the Trustee of any of the foregoing requirements a reasonable amount of time prior to the date on which such notice must be given (but in no event less than five Business Days). In case by reason of the suspension of regular mail service or by reason of any other case it shall be impracticable to give such notice to Holders of Registered Securities by mail, then such notification as shall be made with the approval of the Trustee shall constitute a sufficient notification for every purpose hereunder. In any case where notice to Holders of Registered Securities is given by mail, neither the failure to mail such notice, nor any defect in any notice so mailed, to any particular Holder of a Registered Security shall affect the sufficiency of such notice with respect to other Holders of Registered Securities or the sufficiency of any notice by publication to Holders of Bearer Securities given as provided herein. Any notice mailed to Holders in the manner prescribed herein shall be deemed to have been given whether or not received by any particular Holderabove. In case, by reason of the suspension of regular mail service, or by reason of any other cause, it shall be impossible or impracticable to give any notice to Holders of Registered Securities by mail, then such notification as shall be made with the approval of the Trustee shall constitute notification for every purpose hereunder. In case, case by reason of the suspension of publication of any Authorized Newspaper, Newspaper or Authorized Newspapers or by reason of any other cause, cause it shall be impossible or impracticable to make publication of publish any notice to Holders of Bearer Securities in an Authorized Newspaper or Authorized Newspapers as provided by this Indentureabove, then such method of publication or notification to Holders of Bearer Securities as shall be made given with the approval of the Trustee shall constitute a sufficient publication of notice to such notice Holders for every purpose hereunder. Neither the failure to give notice by publicationpublication to Holders of Bearer Securities as provided above, nor any defect in any notice so givenpublished, to any particular Holder of a Bearer Security as provided herein shall affect the sufficiency of such notice with respect to other Holders of Bearer Securities or the sufficiency of any notice mailed to Holders of Registered Securities as provided hereinabove. Where this Indenture provides for notice in any manner, such notice may be waived in writing by the Person entitled to receive such notice, either before or after the event, and such waiver shall be the equivalent of such notice. Waivers Such waivers of notice by Securityholders shall be filed with the Trustee, but such filing shall not be a condition precedent to the validity of any action taken in reliance upon such waiver.

Appears in 1 contract

Sources: Indenture (Commerce Bancorp Inc /Nj/)

Notices to Securityholders; Waiver. (a) Where this the Indenture provides for notice to Securityholders of any event, such notice shall be, at the expense and at the written direction of the Issuer, given by the Trustee and shall be deemed sufficiently given (unless otherwise herein expressly provided) ) if (ai) to Holders of Registered Securities, if given in writing and mailed, first-class, class postage prepaid, to each Holder of a Registered Security affected by such eventSecurityholder, at his its address as it appears on in the Security Register, not later than the latest date, if any, and not earlier than the earliest date, if any, prescribed for the giving of such notice notice, (ii) published in English on at least one Business Day in a morning edition in a leading newspaper having general circulation in the Borough of Manhattan, The City of New York, and (biii) so long as the Securities are listed on the Official List of the Luxembourg Stock Exchange and admitted for trading on the Euro MTF and the rules of that exchange so require, either on the website of the Luxembourg Stock Exchange (▇▇▇.▇▇▇▇▇▇.▇▇) or published in English in a leading newspaper with general circulation in Luxembourg (which is expected to Holders of Bearer Securitiesbe d’Wort) or, if such publication is not practicable, in another leading English language daily newspaper with general circulation in Europe, and, in each case, such notice to be published on at least one Business Day in a morning edition, whether or not it shall be published in an Authorized Newspaper on a Business Day at least twiceSaturday, the first such publication to be not earlier than the earliest date, and not later than the latest date, prescribed herein for the giving Sunday or holiday editions. The Trustee’s delivery of such notice. In any case where notice to Holders of Registered Securities is given by mail, neither clearing systems shall constitute compliance with the failure requirement to mail such notice, nor any defect in any notice so mailed, to any particular Holder of a Registered Security shall affect the sufficiency of such notice publish with respect to other Holders of Registered Securities or notices from the sufficiency of any notice by publication to Holders of Bearer Securities given as provided hereinTrustee. Any notice mailed to Holders will be deemed validly given on (x) the date of mailing in respect of notices given in accordance with clause (i) and (y) the date of publication in the manner prescribed herein shall be deemed to have been case of notices given whether or not received by any particular Holder. In case, by reason of the suspension of regular mail service, or by reason of any other cause, it shall be impossible or impracticable to give any notice to Holders of Registered Securities by mail, then such notification as shall be made in accordance with the approval of the Trustee shall constitute notification for every purpose hereunder. In case, by reason of the suspension of publication of any Authorized Newspaper, or by reason of any other cause, it shall be impossible or impracticable to make publication of any notice to Holders of Bearer Securities in an Authorized Newspaper or Authorized Newspapers as provided by this Indenture, then such method of publication or notification to Holders of Bearer Securities as shall be made with the approval of the Trustee shall constitute a sufficient publication of such notice for every purpose hereunder. Neither the failure to give notice by publication, nor any defect in any notice so given, to any particular Holder of a Bearer Security as provided herein shall affect the sufficiency of such notice with respect to other Holders of Bearer Securities or the sufficiency of any notice to Holders of Registered Securities as provided hereinclause (ii) and (if applicable) clause (iii). Where this the Indenture provides for notice in any mannernotice, 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 Securityholders shall be filed with the Trustee, but such filing shall not be a condition precedent to the validity of any action taken in reliance upon such waiver. In the case of notice given by mail pursuant to clause (i), neither the failure to mail such notice, nor any defect in any notice so mailed, to any particular Securityholder shall affect the sufficiency of such notice with respect to other Securityholders. (b) In the case of the suspension of regular mail service or by reason of any other cause it shall be impracticable to give such notice by mail pursuant to clause (i) above, then such notification as shall be made with the approval of the Trustee, in addition to notice given pursuant to clause (ii) and (if applicable) clause (iii) above, shall constitute a sufficient notification for every purpose hereunder.

Appears in 1 contract

Sources: First Supplemental Indenture

Notices to Securityholders; Waiver. Where this Indenture provides for notice to Securityholders of any event, such notice shall be sufficiently given (unless otherwise herein expressly provided) (a) to Holders of Registered Securities, if in writing and mailed, first-class, postage prepaid, to each Holder of a Registered Security Securities affected by such event, at his such Holder's address as it appears on the Security Register, not later than the latest date, and not earlier than the earliest date, prescribed for the giving of such notice and (b) except as otherwise specified with respect to any Securities pursuant to Section 3.01, to Holders of Bearer Securities, if published in an Authorized Newspaper in the City of New York and, if the Securities of such series are then listed on the International Stock Exchange of the United Kingdom and the Republic of Ireland and such stock exchange shall so require, in London, and, if the Securities of such series are then listed on the Luxembourg Stock Exchange and such stock exchange shall so require, in Luxembourg, and, if the Securities of such series are then listed on any other stock exchange outside the United States and such stock exchange shall so require, in any other required city outside the United States or, if not practicable, in Europe, on a Business Day at least twice, the first such publication to be not later than the latest date and not earlier than the earliest date, and not later than the latest date, date prescribed herein for the giving of such notice. Any such notice shall be deemed to have been given on the date of such publication or, if published more than once, on the date of the first publication. In any case where notice to Holders of Registered Securities is given by mail, neither the failure to mail such notice, nor any defect in any notice so mailed, to any particular Holder of a Registered Security shall affect the sufficiency of such notice with respect to other Holders of Registered Securities or the sufficiency of any notice by publication to Holders of Bearer Securities given as provided herein. Any notice mailed to Holders a Holder in the manner prescribed herein shall be conclusively deemed to have been given to such Holder whether or not received by any particular Holder. In case, by reason of the suspension of regular mail service, or by reason of any other cause, it shall be impossible or impracticable to give any notice to Holders of Registered Securities by mail, then such notification as shall be made with the approval of the Trustee shall constitute notification for every purpose hereunder. In case, by reason of the suspension of publication of any Authorized Newspaper, or by reason of any other cause, it shall be impossible or impracticable to make publication of any notice to Holders of Bearer Securities in an Authorized Newspaper or Authorized Newspapers as provided by this Indenture, then such method of publication or notification to Holders of Bearer Securities as shall be made with the approval of the Trustee shall constitute a sufficient publication of such notice for every purpose hereunder. Neither the failure to give notice by publication, nor any defect in any notice so given, to any particular Holder of a Bearer Security as provided herein shall affect the sufficiency of such notice with respect to other Holders of Bearer Securities or the sufficiency of any notice to Holders of Registered Securities as provided herein. Where this Indenture provides for notice in any manner, such notice may be waived in writing by the Person entitled to receive such notice, either before or after the event, and such waiver shall be the equivalent of such notice. Waivers of notice by Securityholders shall be filed with the Trustee, but such filing shall not be a condition precedent to the validity of any action taken in reliance upon such waiver.by

Appears in 1 contract

Sources: Indenture (Rockwell International Corp)

Notices to Securityholders; Waiver. Where this Indenture or any Security provides for notice to Securityholders Holders of any event, such : (1) Such notice shall be sufficiently given (unless otherwise herein or in such Security expressly provided) (a) to Holders of Registered Securities, if in writing and mailed, first-class, class postage prepaid, to each Holder of a Registered Security affected by such event, at his address as it appears on in the Security Register, not later than the latest date, and not earlier than the earliest date, prescribed for the giving of such notice. (2) Such notice and (b) shall be sufficiently given to Holders of Bearer Securities, Securities if published in an Authorized Newspaper in The City of New York and, if the Securities of such series are then listed on The International Stock Exchange of the United Kingdom and the Republic of Ireland Limited and such stock exchange shall so require, in London and, if the Security of such series are then listed on the Luxembourg Stock Exchange and such stock exchange shall so require, in Luxembourg and, if the Security of such series are then listed on any other stock exchange and such stock exchange shall so require, in any other required city outside the United States or, if not practicable, elsewhere in Europe on a Business Day at least twice, the first such publication to be not earlier than the earliest date, and not later than the latest date, prescribed herein for the giving of such notice; it being understood that the Company shall notify the Trustee of any of the foregoing requirements a reasonable amount of time prior to the date on which such notice must be given. In case by reason of the suspension of regular mail service in the applicable country or countries or by reason of any other case it shall be impracticable to give such notice to Holders of Registered Securities by mail, then such notification as shall be made with the approval of the Trustee shall constitute a sufficient notification for every purpose hereunder. In any case where notice to Holders of Registered Securities is given by mail, neither the failure to mail such notice, nor any defect in any notice so mailed, to any particular Holder of a Registered Security shall affect the sufficiency of such notice with respect to other Holders of Registered Securities or the sufficiency of any notice by publication to Holders of Bearer Securities given as provided herein. Any notice mailed to Holders in the manner prescribed herein shall be deemed to have been given whether or not received by any particular Holderabove. In case, by reason of the suspension of regular mail service, or by reason of any other cause, it shall be impossible or impracticable to give any notice to Holders of Registered Securities by mail, then such notification as shall be made with the approval of the Trustee shall constitute notification for every purpose hereunder. In case, case by reason of the suspension of publication of any Authorized Newspaper, Newspaper or Authorized Newspapers or by reason of any other cause, cause it shall be impossible or impracticable to make publication of publish any notice to Holders of Bearer Securities in an Authorized Newspaper or Authorized Newspapers as provided by this Indentureabove, then such method of publication or notification to Holders of Bearer Securities as shall be made given with the approval of the Trustee shall constitute a sufficient publication of notice to such notice Holders for every purpose hereunder. Neither the failure to give notice by publicationpublication to Holders of Bearer Securities as provided above, nor any defect in any notice so givenpublished, to any particular Holder of a Bearer Security as provided herein shall affect the sufficiency of such notice with respect to other Holders of Bearer Securities or the sufficiency of any notice mailed to Holders of Registered Securities as provided hereinabove. Where this Indenture provides for notice in any manner, such notice may be waived in writing by the Person entitled to receive such notice, either before or after the event, and such waiver shall be the equivalent of such notice. Waivers Such waivers of notice by Securityholders shall be filed with the Trustee, but such filing shall not be a condition precedent to the validity of any action taken in reliance upon such waiver.

Appears in 1 contract

Sources: Indenture (Fleet Capital Trust Ix)