Common use of SERVICE OF NOTICES AND OTHER DOCUMENTS Clause in Contracts

SERVICE OF NOTICES AND OTHER DOCUMENTS. 40.1 Any notice or other document (including but not limited to a share certificate, any notice of a general meeting of the Company, any instrument of proxy and any document to be sent in accordance with Bye-Law 38.3) may be sent to, served on or delivered to any Shareholder by the Company (a) personally; (b) by sending it through the post (by airmail where applicable) in a pre-paid letter addressed to such Shareholder at his address as appearing in the Register; (c) by sending it by courier to or leaving it at the Shareholder’s address appearing in the Register; (d) where applicable, by sending it by email or facsimile or other mode of representing or reproducing words in a legible and non-transitory form or by sending an electronic record of it by electronic means, in each case to an address or number supplied by such Shareholder for the purposes of communication in such manner; or (e) by publication of an electronic record of it on a website and notification of such publication (which shall include the address of the website, the place on the website where the document may be found, and how the document may be accessed on the website) by any of the methods set out in paragraphs (a), (b), (c) or (d) of this Bye-Law, in accordance with the Companies Acts. In the case of joint holders of a share, service or delivery of any notice or other document on or to one of the joint holders shall for all purposes be deemed as sufficient service on or delivery to all the joint holders. Bye-laws of Platinum Underwriters Holdings Ltd. 30 of 33 40.2 Any notice or other document shall be deemed to have been served on or delivered to any Shareholder by the Company (a) if sent by personal delivery, at the time of delivery; (b) if sent by post, forty-eight (48) hours after it was put in the post; (c) if sent by courier or facsimile, twenty-four (24) hours after sending; (d) if sent by email or other mode of representing or reproducing words in a legible and non-transitory form or as an electronic record by electronic means, twelve (12) hours after sending; or (e) if published as an electronic record on a website, at the time that the notification of such publication shall be deemed to have been delivered to such Shareholder, and in proving such service or delivery, it shall be sufficient to prove that the notice or document was properly addressed and stamped and put in the post, published on a website in accordance with the Companies Acts and the provisions of these Bye-Laws, or sent by courier, facsimile, email or as an electronic record by electronic means, as the case may be, in accordance with these Bye-Laws. Each Shareholder and each person becoming a Shareholder subsequent to the adoption of these Bye-Laws, by virtue of its holding or its acquisition and continued holding of a share, as applicable, shall be deemed to have acknowledged and agreed that any notice or other document (excluding a share certificate) may be provided by the Company by way of accessing them on a website instead of being provided by other means. 40.3 Any notice or other document delivered, sent or given to a Shareholder in any manner permitted by these Bye-Laws shall, notwithstanding that such Shareholder is then dead or bankrupt or that any other event has occurred, and whether or not the Company has notice of the death or bankruptcy or other event, be deemed to have been duly served or delivered in respect of any share registered in the name of such Shareholder as sole or joint holder unless his name shall, at the time of the service or delivery of the notice or document, have been removed from the Register as the holder of the share, and such service or delivery shall for all purposes be deemed as sufficient service or delivery of such notice or document on all persons interested (whether jointly with or as claiming through or under him) in the share. 40.4 Save as otherwise provided, the provisions of these Bye-Laws as to service of notices and other documents on Shareholders shall mutatis mutandis apply to service or delivery of notices and other documents to the Company or any Director, Alternate Director or Resident Representative pursuant to these Bye-Laws. Bye-laws of Platinum Underwriters Holdings Ltd. 31 of 33

Appears in 2 contracts

Sources: Merger Agreement (Renaissancere Holdings LTD), Merger Agreement (Platinum Underwriters Holdings LTD)

SERVICE OF NOTICES AND OTHER DOCUMENTS. 40.1 41.1 Any notice or other document (including but not limited to a share certificate, any notice of a general meeting of the Company, any instrument of proxy and any document to be sent in accordance with Bye-Law 38.339.3) may be sent to, served on or delivered to any Shareholder by the Company (a) 41.1.1 personally; (b) 41.1.2 by sending it through the post (by airmail where applicable) in a pre-paid letter addressed to such Shareholder at his address as appearing in the Register; (c) 41.1.3 by sending it by courier to or leaving it at the Shareholder’s address appearing in the Register; (d) 41.1.4 where applicable, by sending it by email or facsimile or other mode of representing or reproducing words in a legible and non-transitory form or by sending an electronic record of it by electronic means, in each case to an address or number supplied by such Shareholder for the purposes of communication in such manner; or (e) 41.1.5 by publication of an electronic record of it on a website and notification of such publication (which shall include the address of the website, the place on the website where the document may be found, and how the document may be accessed on the website) by any of the methods set out in paragraphs (a)41.1.1, (b)41.1.2, (c) 41.1.3 or (d) 41.1.4 of this Bye-Law, in accordance with the Companies Acts. In the case of joint holders of a share, service or delivery of any notice or other document on or to one of the joint holders shall for all purposes be deemed as sufficient service on or delivery to all the joint holders. Bye-laws of Platinum Underwriters Holdings Ltd. 30 of 33. 40.2 41.2 Any notice or other document shall be deemed to have been served on or delivered to any Shareholder by the Company (a) 41.2.1 if sent by personal delivery, at the time of delivery; (b) 41.2.2 if sent by post, forty-eight (48) hours after it was put in the post; (c) 41.2.3 if sent by courier or facsimile, twenty-four (24) hours after sending; (d) 41.2.4 if sent by email or other mode of representing or reproducing words in a legible and non-transitory form or as an electronic record by electronic means, twelve (12) hours after sending; or (e) 41.2.5 if published as an electronic record on a website, at the time that the notification of such publication shall be deemed to have been delivered to such Shareholder, and in proving such service or delivery, it shall be sufficient to prove that the notice or document was properly addressed and stamped and put in the post, published on a website in accordance with the Companies Acts and the provisions of these Bye-Laws, or sent by courier, facsimile, email or as an electronic record by electronic means, as the case may be, in accordance with these Bye-Laws. Each Shareholder and each person becoming a Shareholder subsequent to the adoption of these Bye-Laws, by virtue of its holding or its acquisition and continued holding of a share, as applicable, shall be deemed to have acknowledged and agreed that any notice or other document (excluding a share certificate) may be provided by the Company by way of accessing them on a website instead of being provided by other means. 40.3 Any notice 41.3 If any time, by reason of the suspension or other document delivered, sent curtailment of postal services within Bermuda or given to a Shareholder in any manner permitted by these Bye-Laws shall, notwithstanding that such Shareholder is then dead or bankrupt or that any other event has occurredterritory, and whether or not the Company has is unable effectively to convene a general meeting by notices sent through the post, a general meeting may be convened by a notice of advertised in at least one national newspaper published in the death or bankruptcy or other event, territory concerned and such notice shall be deemed to have been duly served on each person entitled to receive it in that territory on the day, or delivered in respect of on the first day, on which the advertisement appears. In any share registered in such case the name of such Shareholder as sole or joint holder unless his name shall, at the time of the service or delivery Company shall send confirmatory copies of the notice or document, have been removed from by post if at least five (5) clear days before the Register as meeting the holder posting of the share, and such service or delivery shall for all purposes be deemed as sufficient service or delivery of such notice or document on all persons interested (whether jointly with or as claiming through or under him) in the sharenotices to addresses throughout that territory again becomes practicable. 40.4 41.4 Save as otherwise provided, the provisions of these Bye-Laws as to service of notices and other documents on Shareholders shall mutatis mutandis apply to service or delivery of notices and other documents to the Company or any Director, Alternate Director or Resident Representative pursuant to these Bye-Laws. Bye-laws of Platinum Underwriters Holdings Ltd. 31 of 33.

Appears in 1 contract

Sources: Transaction Agreement (TAL International Group, Inc.)