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This excerpt taken from the EYE 8-K filed Feb 27, 2009. NOTICES Section 1. Notices. Whenever written notice is required by law, the Certificate of Incorporation or these By-Laws, to be given to any director, member of a committee or stockholder, such notice may be given by mail, addressed to such director, member of a committee or stockholder, at such person’s 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. Written notice may also be given personally or by telegram, telex or cable. Section 2. Waivers of Notice. Whenever any notice is required by law, the Certificate of Incorporation or these By-Laws, to be given to any director, member of a committee or stockholder, a waiver thereof in writing, signed, by the person or persons entitled to said notice, whether before or after the time stated therein, shall be deemed equivalent thereto. Attendance of a person at a meeting, present in person or represented by proxy, shall constitute a waiver of notice of such meeting, except where the person attends the meeting for the express purpose of objecting at the beginning of the meeting to the transaction of any business because the meeting is not lawfully called or convened. ARTICLE VII This excerpt taken from the EYE 8-K filed Apr 3, 2007. 7.03 Notices. Promptly after a Responsible Officer of the Borrower or any of its Subsidiaries has knowledge thereof, notify the Administrative Agent: (a) of the occurrence of any Default; (b) of any matter that has resulted or could reasonably be expected to result in a Material Adverse Effect; (c) of any dispute, investigation, proceeding or suspension between the Borrower or any Subsidiary and any Governmental Authority with respect to any Loan Document; and (d) of (i) the incurrence of any material Lien (other than Liens permitted pursuant to this Agreement) on, or claim asserted against any of the Collateral or (ii) the occurrence of any other event which could materially affect the value of the Collateral. Each notice pursuant to this Section 7.03 shall be accompanied by a statement of a Responsible Officer of the Borrower setting forth details of the occurrence referred to therein and stating what action the Borrower has taken and proposes to take with respect thereto. Each notice pursuant to Section 7.03(a) shall describe with particularity any and all provisions of this Agreement and any other Loan Document that have been breached. This excerpt taken from the EYE 10-Q filed Aug 9, 2006. 8.2. Notices.
All notices required or permitted to be
given hereunder shall be in writing and shall be deemed delivered (i) upon
receipt if delivered by hand, (ii) the next business day after being sent by
prepaid, nationally-recognized, overnight air courier, (iii) five (5) business
days after being sent by registered or certified airmail, return receipt
required, postage prepaid, and (iv) upon transmittal when transmitted by
confirmed telecopy (provided that such
18 notice is followed by notice pursuant to any of (i) - (iii) above). All notices shall be addressed as follows: If to AMO: James V. Mazzo Chairman, President & CEO Advanced Medical Optics, Inc. 1700 E. St. Andrew Place Santa Ana, California 92705 Phone: Facsimile: with a copy to: Aimee Weisner Corporate Vice President, General Counsel and Secretary Advanced Medical Optics, Inc. 1700 E. St. Andrew Place Santa Ana, California 92705 Phone: Facsimile: If to Alcon: Cary Rayment Chairman, CEO & President Alcon Laboratories, Inc. 6201 South Freeway Forth Worth, Texas 76134-2099 Phone: Facsimile: with a copy to: Elaine Whitbeck Senior Vice President & General Counsel Alcon Laboratories, Inc. 6201 South Freeway Forth Worth, Texas 76134-2099 Phone: Facsimile: 19 | EXCERPTS ON THIS PAGE:
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