Type of Notice Sample Clauses

Type of Notice. Whenever, under the provisions of any applicable statute, the Certificate of Incorporation, or these By-Laws, notice is required to be given to any director or stockholder, it shall not be construed to mean personal notice, but such notice may be given in writing, in person or by mail, addressed to such director or stockholder, at his address as it appears on the records of the Corporation, with postage thereon prepaid, and such notice shall be deemed to be given at the time when the same shall be deposited in the United States mail. Notice to directors may also be given in any manner permitted by Article III hereof and shall be deemed to be given at the time when first transmitted by the method of communication so permitted.

Type of Notice. 10 Section 2.

Type of Notice. Whenever, under the provisions of any applicable statute, the Certificate of Incorporation, or these By-laws, notice is required to be given to any stockholder or director or member of any committee, it shall not be construed to mean personal notice, but such notice may be given in writing, in person or by mail, addressed to such stockholder or director or such member of a committee, at his address as it appears on the records of the Corporation, with postage thereon prepaid. Notice to directors and members of committees may also be given in any manner permitted in Article III of these By-laws Without limiting the manner by which notice otherwise may be given effectively to stockholders, directors or members of a committee, any notice to stockholders, directors or members of a committee given by the Corporation under the Certificate of Incorporation or these By-laws shall be effective if given by a form of electronic transmission consented to by the stockholder, director or member of a committee to whom the notice is given. Any such consent shall be revocable by the stockholder, director or member of a committee by written notice to the Corporation. Any such consent shall be deemed revoked if (a) the Corporation is unable to deliver by electronic transmission two consecutive notices given by the Corporation in accordance with such consent and (b) such inability becomes known to the Secretary or an Assistant Secretary of the Corporation or to the transfer agent, or other person responsible for the giving of notice; provided, however, the inadvertent failure to treat such inability as a revocation shall not invalidate any meeting or other action. For purposes of these By-laws “electronic transmission” means any form of communication, not directly involving the physical transmission of paper, that creates a record that may be retained, retrieved and reviewed by a recipient thereof, and that may be directly reproduced in paper form by such a recipient through an automated process. Notice given pursuant to this Section 1 shall be deemed given (a) if by mail, when deposited in the United States mail; (b) if by facsimile telecommunication, when directed to a number at which the stockholder, director or member of a committee has consented to receive notice; (c) if by electronic mail, when directed to an electronic mail address at which the stockholder, director or member of a committee has consented to receive notice; (d) if by a posting on an electronic network t...

Type of Notice. 12 “[T]he court must direct to class members the best notice that is practicable 13 under the circumstances.” Fed. R. Civ. P. 23(c)(2)(B). For class action settlements, 14 “[t]he court must direct notice in a reasonable manner to all class members who 15 would be bound by the proposal.” Fed. R. Civ. P. 23(e)(1)(B). The parties agree 16 that the Settlement Administrator will distribute notice to all potential class 17 members. (SA § 6.3) The contact information for potential class members is 18 available through Rushmore’s records, and the Settlement Administrator will send 19 notice via U.S. Mail. (Id. § 6.3.2.) Prior to mailing the Notice, the Settlement 20 Administrator will use the NCOA to verify the accuracy of the addresses. (Id.) The 21 Settlement Administrator shall cause a skip trace to be run with respect to any Class 22 Notice returned as undeliverable, and shall resend the Class Notice once in 23 accordance with updated information, if any, obtained from the skip trace. (Id.) The 24 Class Members will have sixty days from the date the Administrator mails the 25 Notice to request exclusion or object to the Settlement Agreement. (Id. §§ 12.1, 26 13.1.) ▇▇ ▇▇▇ ▇▇▇▇▇ finds the procedures for notice sufficient and the most practicable 28 under the circumstances. Case 8:21-cv-00621-DOC-KES Document 27-2 Filed 09/24/21 Page 47 of 48 Page ID #:327

Type of Notice. ( ) Original ( ) Revision ( ) Canceled ( ) Annual ( ) Info. Only