Common use of 01Notices Clause in Contracts

01Notices. (a) Except in the case of notices and other communications expressly permitted to be given by telephone (and subject to paragraph (b) below), all notices and other communications provided for herein shall be in writing and shall be delivered by hand or overnight courier service, mailed by certified or registered mail or sent by telecopy, fax or other electronic communication, as follows: (i) if to any Loan Party, to it in care of the Borrower at: Virtusa Corporation 0000 Xxxx Xxxx Xxxxx Xxxxxxxxxxx, XX 00000 Attention: Chief Financial Officer Facsimile No: (508) 389-7224 (ii) if to the Administrative Agent at: JPMorgan Chase Bank, N.A. Loan and Agency Services Group 00 Xxxxx Xxxxxxxx, Xxxxx X0 Xxxxxxx, XX 00000-0000 Attention: Xxxxxx Xxxxx Telephone No. (000) 000-0000 Facsimile No: (000)-000-0000 Electronic mail: xxx.xxxxxx.xxxxxxxxx.0@xxxxxxxx.xxx (iii) with a copy to: Xxx Xxxxxxxxxxxxx Xxxxx, 00xx Xxxxx Xxxxxx, XX 00000 Attention: Xxxxx Xxxxxx, Vice President Telephone No.: (000) 000-0000 (iv) if to the Issuing Bank, to JPMorgan Chase Bank, N.A. at: 00 X. Xxxxxxxx, Floor L2 Chicago, Illinois 60603 Attention: PJ Balaji, LC Account Manager Telephone No.: 000-000-0000 Facsimile No: (000) 000-0000 Electronic mail: xxxxxxx.xx.xxxxxx.xxxxxxxx.xxxx@xxxxxxxx.xxx (v) if to any other Lender, to it at its address (or telecopy number or e-mail address) set forth in its Administrative Questionnaire. Notices sent by hand or overnight courier service, or mailed by certified or registered mail, shall be deemed to have been given when received; notices sent by facsimile shall be deemed to have been given when sent (except that, if not given during normal business hours for the recipient, shall be deemed to have been given at the opening of business on the next Business Day for the recipient). Notices delivered through Electronic Systems, to the extent provided in paragraph (b) below, shall be effective as provided in said paragraph (b). (b) Notices and other communications to the Lenders and the Issuing Bank hereunder may be delivered or furnished by using Electronic Systems pursuant to procedures approved by the Administrative Agent; provided that the foregoing shall not apply to notices pursuant to Article II unless otherwise agreed by the Administrative Agent and the applicable Lender. The Administrative Agent or the Borrower may, in its discretion, agree to accept notices and other communications to it hereunder by electronic communications pursuant to procedures approved by it; provided that approval of such procedures may be limited to particular notices or communications. Unless the Administrative Agent otherwise prescribes, (i) notices and other communications sent to an e-mail address shall be deemed received upon the sender’s receipt of an acknowledgement from the intended recipient (such as by the “return receipt requested” function, as available, return e-mail or other written acknowledgement), and (ii) notices or communications posted to an Internet or intranet website shall be deemed received upon the deemed receipt by the intended recipient, at its e-mail address as described in the foregoing clause (i), of notification that such notice or communication is available and identifying the website address therefor; provided that, for both clauses (i) and (ii) above, if such notice, email or other communication is not sent during the normal business hours of the recipient, such notice or communication shall be deemed to have been sent at the opening of business on the next Business Day for the recipient. (c) Any party hereto may change its address or telecopy number or e-mail address for notices and other communications hereunder by notice to the other parties hereto.

Appears in 1 contract

Samples: Credit Agreement (Virtusa Corp)

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01Notices. (a) Except in the case of notices and other communications expressly permitted to be given by telephone (and subject to paragraph (b) below), all notices Notices and other communications provided for herein shall shall, except as provided in Section 11.01(b), be in writing and shall be delivered by hand or overnight courier service, mailed by certified or registered mail or sent by telecopy, fax or other electronic communicationfacsimile transmission, as follows: (i) if to any Loan Party, to it in care of the Borrower at: Virtusa International Seaways Operating Corporation 0000 Xxxx Xxxx c/o International Seaways Ship Management LLC 000 Xxxxx XxxxxxxxxxxXxxxxx, XX 00000 00xx Floor New York, New York 10016 Attention: Xxxxxxx X. Xxxxxx, Senior Vice President, Chief Financial Officer Facsimile NoTelephone: (508) 389+0-7224000-000-0000 Email: xxxxxxx@xxxxxxxx.xxx Xxxxxxxxxxxxxxx@xxxxxxxx.xxx Xxxxxxxx@xxxxxxxx.xxx ​ (ii) if to the Administrative Agent Agent, to it at: JPMorgan Chase BankNordea Bank Abp, N.A. Loan and Agency Services Group 00 Xxxxx XxxxxxxxNew York Branch 0000 Xxxxxx xx xxx Xxxxxxxx New York, Xxxxx X0 Xxxxxxx, XX 00000-0000 NY 10036 Attention: Xxxxxx Xxxxx Telephone No. (000) 000-0000 Facsimile NoShipping, Offshore and Oil Services Email: (000)-000-0000 Electronic mail: xxx.xxxxxx.xxxxxxxxx.0@xxxxxxxx.xxxxxxxxx.xxxxxx@xxxxxx.xxx and xxxx_xx_XXXXxxx@xxxxxx.xxx ​ (iii) with a copy to: Xxx Xxxxxxxxxxxxx Xxxxx, 00xx Xxxxx Xxxxxx, XX 00000 Attention: Xxxxx Xxxxxx, Vice President Telephone No.: (000) 000-0000 (iv) if to the Issuing Bank, to JPMorgan Chase Bank, N.A. at: 00 X. Xxxxxxxx, Floor L2 Chicago, Illinois 60603 Attention: PJ Balaji, LC Account Manager Telephone No.: 000-000-0000 Facsimile No: (000) 000-0000 Electronic mail: xxxxxxx.xx.xxxxxx.xxxxxxxx.xxxx@xxxxxxxx.xxx (v) if to any other a Lender, to it at its address (or telecopy number or e-mail addressfacsimile number) set forth on Annex I or in its Administrative Questionnaire. Notices sent by hand or overnight courier service, or mailed by certified or registered mail, the Assignment and Acceptance pursuant to which such Lender shall be deemed to have been given when receivedbecome a party hereto; notices sent by facsimile shall be deemed to have been given when sent (except that, if not given during normal business hours for the recipient, shall be deemed to have been given at the opening of business on the next Business Day for the recipient). Notices delivered through Electronic Systems, to the extent provided in paragraph (b) below, shall be effective as provided in said paragraph (b). (b) Notices Notice and other communications to the Lenders and the Issuing Bank hereunder may (subject to Section 11.01(b)) be delivered or furnished by using Electronic Systems electronic communication (including e-mail and Internet or intranet websites) pursuant to procedures approved by the Administrative Agent; provided that . Any party hereto may change its address, facsimile number or e-mail address for notice and other communications hereunder by notice to the foregoing shall not apply to notices pursuant to Article II unless otherwise agreed by the Administrative Agent and the applicable Lenderother parties hereto. The Administrative Agent or the Borrower may, in its discretion, agree to accept notices and other communications to it hereunder by electronic communications pursuant to procedures approved by it; provided , provided, that approval of such procedures may be limited to particular notices or communications. Unless the Administrative Agent otherwise prescribes, (i) notices and other communications sent to an e-mail address shall be deemed received upon the sender’s receipt of an acknowledgement acknowledgment from the intended recipient (such as including by the “return receipt requested” function, as available, return e-mail or other written acknowledgementacknowledgment); provided, and (ii) notices or communications posted to an Internet or intranet website shall be deemed received upon the deemed receipt by the intended recipient, at its e-mail address as described in the foregoing clause (i), of notification that if such notice or communication is available and identifying the website address therefor; provided that, for both clauses (i) and (ii) above, if such notice, email or other communication is not sent during the normal business hours of the recipient, such notice or communication shall be deemed to have been sent at the opening of business on the next Business Day for the recipient, and (ii) notices or communications posted to an Internet or intranet website shall be deemed received upon the deemed receipt by the intended recipient at its e-mail address as described in the foregoing clause (i) of notification that such notice or communication is available and identifying the website address therefor. (b) Each Loan Party hereby agrees that it will provide to the Administrative Agent all information, documents and other materials that it is obligated to furnish to the Administrative Agent pursuant to this Agreement and any other Loan Document, including all notices, requests, financial statements, financial and other reports, certificates and other information materials, including any such communication that (i) relates to a request for a Borrowing or other extension of credit (including any election of an interest rate or interest period relating thereto), (ii) relates to the payment of any principal or other amount due under this Agreement prior to the scheduled date therefor, (iii) provides notice of any Default under this Agreement or (iv) is required to be delivered to satisfy any condition precedent to the effectiveness of this Agreement and/or any borrowing or other extension of credit hereunder or (v) is required to be delivered to satisfy any covenant hereunder or under any other Loan Document (all such communications, collectively, the “Communications”), by transmitting the Communications in an electronic/soft medium in a format reasonably acceptable to the Administrative Agent (it being understood that .pdf format is acceptable) at the e-mail address(es) provided to the Borrower by the Administrative Agent from time to time, other electronic communication in such other form, or in any other manner, including hard copy delivery thereof, as the Administrative Agent shall require. In addition, each Loan Party agrees to continue to provide the Communications to the Administrative Agent in the manner specified in this Agreement or any other Loan Document or in such other form, including hard copy delivery thereof, as the Administrative Agent shall require. Nothing in this Section 11.01 shall prejudice the right of the Agents, any Lender or any Loan Party to give any notice or other communication pursuant to this Agreement or any other Loan Document in any other manner specified in this Agreement or any other Loan Document or as any such Agent shall require. ​ (c) Any To the extent consented to by the Administrative Agent in writing from time to time, the Administrative Agent agrees that receipt of the Communications by the Administrative Agent at its e-mail address(es) set forth above shall constitute effective delivery of the Communications to the Administrative Agent for purposes of the Loan Documents. (d) Each Loan Party and the Administrative Agent and the Collateral Agent further agree that the Administrative Agent and the Collateral Agent shall make the Communications available to the other Agents or the Lenders by posting the Communications on a Platform. The Platform and any Approved Electronic Communications are provided “as is” and “as available.” The Agents do not warrant the accuracy or completeness of the Communications, or the adequacy of the Platform and expressly disclaim liability for errors or omissions in the Platform and the Approved Electronic Communications. No warranty of any kind, express, implied or statutory, including any warranty of merchantability, fitness for a particular purpose, non-infringement of third party hereto may change rights or freedom from viruses or other code defects, is made by any Agent in connection with the Communications or the Platform. In no event shall any Agent have any liability to any Loan Party, any Lender or any other person for damages of any kind, whether or not based on strict liability and including direct or indirect, punitive, special, incidental or consequential damages, losses or expenses (whether in contract, tort or otherwise) arising out of or related to any Loan Party’s or any Agent’s transmissions of Communications through the Internet (including the Platform). Notices or communications posted to an Internet or intranet website shall be deemed received upon the deemed receipt by the intended recipient at its address or telecopy number or e-mail address for notices as described in the foregoing clause (a) of notification that such notice or communication is available and identifying the website address therefor. Each Loan Party understands that the distribution of material through an electronic medium is not necessarily secure and that there are confidentiality and other communications hereunder risks associated with such distribution and agrees and assumes the risks associated with such electronic distribution, except to the extent caused by the willful misconduct or gross negligence of the Administrative Agent, as determined by a final, non-appealable judgment of a court of competent jurisdiction. (e) The Administrative Agent agrees that the receipt of the Communications by the Administrative Agent at its e-mail address shall constitute effective delivery of the Communications to the Administrative Agent for purposes of the Loan Documents. Each Lender agrees that receipt of notice to it (as provided in the next sentence) specifying that the Communications have been posted to the Platform shall constitute effective delivery of the Communications to such Lender for purposes of the Loan Documents. Each Lender agrees to notify the Administrative Agent in writing (including by electronic communication) from time to time of such Xxxxxx’s e-mail address to which the foregoing notice may be sent by electronic transmission and that the foregoing notice may be sent to such e-mail address. Nothing herein shall prejudice the right of the Administrative Agent or any Lender to give any notice or other communication pursuant to any Loan Document in any other manner specified in such Loan Document. (f) Each Loan Party, each Lender and each Agent agrees that the Administrative Agent may, but shall not be obligated to, store any Approved Electronic Communications on the Platform in accordance with the Administrative Agent’s customary document retention procedures and policies. (g) Each Public Lender agrees to cause at least one individual at or on behalf of such Public Lender to at all times have selected the “Private Side Information” or similar designation on the content declaration screen of the Platform in order to enable such Public Lender or its delegate, in accordance with such Public Lender’s compliance procedures and applicable law, including United States federal and state securities laws, to make reference to information that is not made available through the “Public Side Information” portion of the Platform and that may contain Material Non-Public Information with respect to Holdings, its Subsidiaries or their securities for purposes of United States federal or state securities laws. In the event that any Public Lender has determined for itself to not access any information disclosed through the Platform or otherwise, such Public Lender acknowledges that (i) other Lenders may have availed themselves of such information and (ii) neither the Borrower nor the Administrative Agent ​ has any responsibility for such Public Lender’s decision to limit the scope of the information it has obtained in connection with this Agreement and the other parties heretoLoan Documents.

Appears in 1 contract

Samples: Credit Agreement (International Seaways, Inc.)

01Notices. (a) Except in the case of notices and other communications expressly permitted to be given by telephone (and subject to paragraph (b) belowSection 12.01(b)), all notices and other communications provided for herein shall be in writing and shall be (i) delivered by hand or overnight courier service, mailed by certified or registered mail or mail, (ii) sent by telecopy, fax telecopy or other electronic communication(iii) sent by email, as follows: (i) if to any Loan Party, to it in care of the Borrower at: Virtusa Corporation 0000 Xxxx Xxxx Xxxxx Xxxxxxxxxxx, XX 00000 Attention: Chief Financial Officer Facsimile No: (508) 389-7224 (iiA) if to the Administrative Agent at: JPMorgan Chase BankBorrower, N.A. Loan and Agency Services Group 00 Xxxxx Xxxxxxxxto it at 0000 Xxxx Xxx Xxxxxxx Parkway North, Xxxxx X0 XxxxxxxSuite 300, XX 00000-0000 Houston, TX 77043, Attention: Xxxxxx Xxxxx Telephone Xxxxxxx Xxxxxx, Phone No. (000) 000-0000 Facsimile No: (000)-000-0000 Electronic mail: xxx.xxxxxx.xxxxxxxxx.0@xxxxxxxx.xxxand email address xxxxxxx@xxxxxxxxxxxxxxx.xxx, and Xxxxx Xxxxxxx and email address xxxxxxxx@xxxxxxxxxxxxxxx.xxx; (iii) with a copy to: Xxx Xxxxxxxxxxxxx Xxxxx, 00xx Xxxxx Xxxxxx, XX 00000 Attention: Xxxxx Xxxxxx, Vice President Telephone No.: (000) 000-0000 (ivB) if to the Issuing BankAdministrative Agent, to JPMorgan Chase Bankit at 000 Xxxxxx, N.A. at: 00 X. XxxxxxxxXxxxx 00, Floor L2 ChicagoXxxxxxx, Illinois 60603 XX 00000, Attention: PJ BalajiCGM Deal Management Team, LC Account Manager Telephone No.: 000-000-0000 Facsimile No: (000) 000-0000 Electronic mail: xxxxxxx.xx.xxxxxx.xxxxxxxx.xxxx@xxxxxxxx.xxxemail address XXXXxxxxXxxxxxx@xxxxxxxxx.xxx; and (vC) if to any other Lender, to it at its address (or telecopy number or e-mail addressnumber) set forth in its Administrative Questionnaire. Notices sent by hand or overnight courier service, or mailed by certified or registered mail, shall be deemed to have been given when received; notices sent by facsimile shall be deemed to have been given when sent (except that, if not given during normal business hours for the recipient, shall be deemed to have been given at the opening of business on the next Business Day for the recipient). Notices delivered through Approved Electronic SystemsPlatforms, to the extent provided in paragraph (b) below, shall be effective as provided in said paragraph (b). (b) Notices and other communications to the Lenders and the Issuing Bank hereunder may be delivered or furnished by using Electronic Systems Approved Electronics Platforms pursuant to procedures approved by the Administrative Agent; provided that the foregoing shall not apply to notices pursuant to Article II ARTICLE II, ARTICLE III, ARTICLE IV and ARTICLE V unless otherwise agreed by the Administrative Agent and the applicable Lender. The Administrative Agent or the Borrower may, in its discretion, agree to accept notices and other communications to it hereunder by electronic communications pursuant to procedures approved by it; provided that approval of such procedures may be limited to particular notices or communications. Unless the Administrative Agent otherwise prescribes, (i) notices and other communications sent to an e-mail address shall be deemed received upon the sender’s receipt of an acknowledgement from the intended recipient (such as by the “return receipt requested” function, as available, return e-mail or other written acknowledgement), and (ii) notices or communications posted to an Internet or intranet website shall be deemed received upon the deemed receipt by the intended recipient, at its e-mail address as described in the foregoing clause (i), of notification that such notice or communication is available and identifying the website address therefor; provided that, for both clauses (i) and (ii) above, if such notice, email or other communication is not sent during the normal business hours of the recipient, such notice or communication shall be deemed to have been sent at the opening of business on the next Business Day for the recipient. (c) Any party hereto may change its address or telecopy number or e-mail address for notices and other communications hereunder by notice to the other parties hereto. All notices and other communications given to any party hereto in accordance with the provisions of this Agreement shall be deemed to have been given on the date of receipt.

Appears in 1 contract

Samples: Senior Secured Credit Agreement (Battalion Oil Corp)

01Notices. (a) Except in the case of notices and other communications expressly permitted to be given by telephone or Electronic Systems (and subject in each case to paragraph (b) below), all notices and other communications provided for herein shall be in writing and shall be delivered by hand or overnight courier service, mailed by certified or registered mail or sent by telecopy, fax or other electronic communicationfacsimile, as follows: (i) if to any Loan Party, to it in care of the Borrower at: Virtusa Corporation 0000 Cactus Wellhead, LLC 000 Xxxxxxxx Xxxx Xxxx Xxx Xxxxx Xxxxxxxxxxx, XX 00000 Attention: Chief Financial Officer Facsimile No: (508) 389-7224 (ii) if to the Administrative Agent at: JPMorgan Chase Bank, N.A. Loan and Agency Services Group 00 Xxxxx Xxxxxxxx, Xxxxx X0 000 Xxxxxxx, XX 00000-0000 Attention: Xxxxxx Xxxxx Telephone No. (000) 000-0000 Facsimile No: (000)-000-0000 Electronic mail: xxx.xxxxxx.xxxxxxxxx.0@xxxxxxxx.xxx (iii) with a copy to: Xxx Xxxxxxxxxxxxx Xxxxx, 00xx Xxxxx Xxxxxx, XX 00000 Attention: Xxxxx XxxxxxXxxxxxx, Vice President Telephone and Chief Administrative Officer Facsimile No.: (000) 000-0000 (ivii) if to the Administrative Agent, JPMCB in its capacity as an Issuing BankBank or the Swingline Lender, to JPMorgan Chase Bank, N.A. at: 00 X. XxxxxxxxJPMorgan Chase Bank, N.A. 0000 Xxxx Xxxxxx, 9th Floor L2 ChicagoMail Code: TX1-2905 Xxxxxx, Illinois 60603 XX 00000 Attention: PJ Balaji, LC Account Manager Telephone No.: 000-000-0000 Xxx Xxxxxxxx Facsimile No: (000) 000-0000 Electronic mail: xxxxxxx.xx.xxxxxx.xxxxxxxx.xxxx@xxxxxxxx.xxxprovided, that any DQ List or any updates thereto on or after the Effective Date must be sent via electronic mail to XXXXX_Xxxxxxx@xxxxxxxx.xxx to be deemed received by the Administrative Agent. (viii) if to any other LenderLender or Issuing Bank, to it at its address (or telecopy facsimile number or e-mail address) set forth in its Administrative Questionnaire. Notices All such notices and other communications (i) sent by hand or overnight courier service, or mailed by certified or registered mail, shall be deemed to have been given when received; notices , (ii) sent by facsimile shall be deemed to have been given when sent (except thatsent, provided that if not given during normal business hours for of the recipient, such notice or communication shall be deemed to have been given at the opening of business on the next Business Day for of the recipient). Notices , or (iii) delivered through Electronic Systems, Systems to the extent provided in paragraph (b) below, below shall be effective as provided in said paragraph (b)such paragraph. (b) Notices and other communications to the Lenders and the Issuing Bank hereunder may be delivered or furnished by using Electronic Systems pursuant to procedures approved by the Administrative Agent; provided that the foregoing shall not apply to notices pursuant to Article II unless otherwise agreed by the Administrative Agent and the applicable LenderLender (provided further that, if requested by the Administrative Agent, the Borrower will deliver original copies of any compliance and no Default certificates delivered pursuant to Section 5.01(d) promptly after the delivery thereof by Electronic Systems). The Each of the Administrative Agent or and the Borrower (on behalf of the Loan Parties) may, in its discretion, agree to accept notices and other communications to it hereunder by electronic communications Electronic Systems pursuant to procedures approved by it; provided that approval of such procedures may be limited to particular notices or communications. Unless the Administrative Agent otherwise prescribesproscribes, (i) all such notices and other communications (i) sent to an e-mail address shall be deemed received upon the sender’s receipt of an acknowledgement from the intended recipient (such as by the “return receipt requested” function, as available, return e-mail or other written acknowledgement), provided that if not given during the normal business hours of the recipient, such notice or communication shall be deemed to have been given at the opening of business on the next Business Day for the recipient, and (ii) notices or communications posted to an Internet or intranet website shall be deemed received upon the deemed receipt by the intended recipient, at its e-mail address as described in the foregoing clause (i), of notification that such notice or communication is available and identifying the website address therefor; provided that, for both clauses (i) and (ii) above, if such notice, email e-mail or other communication is not sent during the normal business hours of the recipient, such notice or communication shall be deemed to have been sent at the opening of business on the next Business Day for of the recipient. (c) Any party hereto may change its address or telecopy address, facsimile number or e-mail address for notices and other communications hereunder by notice to the other parties hereto.

Appears in 1 contract

Samples: Credit Agreement (Cactus, Inc.)

01Notices. (a) Except in the case of notices and other communications expressly permitted to be given by telephone (and subject to paragraph (b) below)telephone, all notices and other communications provided for herein shall be in writing and shall be delivered by hand or overnight courier service, mailed by certified or registered mail or sent by telecopyfax, fax e-mail or other electronic communicationtransmission, as follows: (ia) if If to any Loan PartyHoldings, Intermediate Holdings or a Borrower, to it in care of the Borrower atXxxxx Xxxxx, Email: Virtusa Corporation 0000 Xxxx Xxxx Xxxxx Xxxxxxxxxxx***; With a copy to: Xxxxxxx Xxxxxxx & Xxxxxxxx LLP 000 Xxxxxxxxx Xxxxxx Xxx Xxxx, XX 00000 Attention: Chief Financial Officer Facsimile NoXxxx Xxxxxxx Email: (508) 389-7224*** (iib) if If to the Administrative Agent atAgent, to: JPMorgan Chase Bank, N.A. Loan and Agency Services Group 00 Xxxxx Xxxxxxxx000 Xxxxxxx Xxxxxxxxxx Xxxx NCC 5 Floor 1 Newark, Xxxxx X0 XxxxxxxDE, XX 00000-0000 19713 Attention: Xxxxxx Xxxxx Telephone No. (000) 000-0000 Facsimile NoXxxxxxxx Xxxxxxx Email: (000)-000-0000 Electronic mail: xxx.xxxxxx.xxxxxxxxx.0@xxxxxxxx.xxx (iii) with *** With a copy to: Xxx Xxxxxxxxxxxxx Xxxxx, 00xx Xxxxx Xxxxxx, XX 00000 Attention: Xxxxx Xxxxxx, Vice President Telephone No.: (000) 000-0000 (iv) if to the Issuing Bank, to JPMorgan Chase Bank, N.A. at: 00 X. Xxxxxxxx000 Xxxxxxx Xxxxxxxxxx Xxxx NCC 5 Floor 1 Newark, Floor L2 ChicagoDE, Illinois 60603 19713 Attention: PJ Balaji, LC Account Manager Telephone No.Xxxxxx Xxxx Email: 000-000-0000 Facsimile No: (000) 000-0000 Electronic mail: xxxxxxx.xx.xxxxxx.xxxxxxxx.xxxx@xxxxxxxx.xxx*** (vc) if If to any Issuing Bank, to it at its address (or fax number or email address) most recently specified by it in a notice delivered to the Administrative Agent, Holdings, Intermediate Holdings and the Borrowers (or, in the absence of any such notice, to the address (or fax number or email address) set forth in the Administrative Questionnaire of the Lender that is serving as such Issuing Bank or is an Affiliate thereof); (d) If to any Swingline Lender, to it at its address (or fax number or email address) most recently specified by it in a notice delivered to the Administrative Agent, Holdings, Intermediate Holdings and the Borrowers (or, in the absence of any such notice, to the address (or fax number or email address) set forth in the Administrative Questionnaire of the Lender that is serving as such Swingline Lender or is an Affiliate thereof); and (e) If to any other Lender, to it at its address (or telecopy fax number or e-mail email address) set forth in its Administrative Questionnaire. Notices and other communications sent by hand or overnight courier service, or mailed by certified or registered mail, shall be deemed to have been given when received; notices and other communications sent by facsimile fax or other electronic transmission shall be deemed to have been given when sent (except that, if not given during normal business hours for the recipient, shall be deemed to have been given at the opening of business on the next Business Day business day for the recipient). Notices delivered through Electronic SystemsHoldings, Intermediate Holdings and the Borrowers may change their address, email or facsimile number for notices and other communications hereunder by notice to the extent provided in paragraph (b) belowAdministrative Agent, shall be effective as provided in said paragraph (b). (b) the Administrative Agent may change its address, email or facsimile number for notices and other communications hereunder by notice to Holdings, Intermediate Holdings and the Borrowers and the Lenders may change their address, email or facsimile number for notices and other communications hereunder by notice to the Administrative Agent. Notices and other communications to the Lenders and the Issuing Bank Banks hereunder may also be delivered or furnished by using Electronic Systems electronic transmission (including email and Internet or intranet websites) pursuant to procedures reasonably approved by the Administrative Agent; , provided that the foregoing shall not apply to notices to any Lender or Issuing Bank pursuant to Article II unless otherwise agreed by if such Lender or Issuing Bank, as applicable, has notified the Administrative Agent and the applicable Lender. The Administrative Agent or the Borrower may, in its discretion, agree to accept that it is incapable of receiving notices and other communications to it hereunder under such Article by electronic communications pursuant transmission or. Each Borrower hereby appoints each of Holdings and Intermediate Holdings as its agent for all purposes relevant to procedures approved this Agreement and each of the other Loan Documents, including the giving and receipt of notices, it being understood that the Borrowers will receive the proceeds of the initial Loans on the Effective Date. Any acknowledgment, consent, direction, certification or other action which might otherwise be valid or effective only if given or taken by it; provided that approval of such procedures may be limited to particular notices or communications. Unless the Administrative Agent otherwise prescribes, (i) notices and other communications sent to an e-mail address a Borrower shall be deemed received upon the sender’s receipt of an acknowledgement from the intended recipient (such as valid and effective if given or taken by the “return receipt requested” functionHoldings or Intermediate Holdings, as available, return e-mail whether or not any other written acknowledgement), and (ii) notices or communications posted to an Internet or intranet website shall be deemed received upon the deemed receipt by the intended recipient, at its e-mail address as described in the foregoing clause (i), of notification that such notice or communication is available and identifying the website address therefor; provided that, for both clauses (i) and (ii) above, if such Borrower joins therein. Any notice, email demand, consent, acknowledgement, direction, certification or other communication is not sent during delivered to Holdings or Intermediate Holdings in accordance with the normal business hours terms of the recipient, such notice or communication this Agreement shall be deemed to have been sent at delivered to all of the opening Borrowers. THE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE.” THE AGENT PARTIES (AS DE-FINED BELOW) DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE COMPANY MATERIALS OR THE ADEQUACY OF THE PLATFORM, AND EXPRESSLY DISCLAIM LIABILITY FOR ERRORS IN OR OMISSIONS FROM THE COMPANY MATERIALS. NO WARRANTY OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS OR FREEDOM FROM VIRUSES OR OTHER CODE DEFECTS, IS MADE BY ANY AGENT PARTY IN CONNECTION WITH THE COMPANY MATERIALS OR THE PLATFORM. In no event shall the Administrative Agent or any of business its Related Parties (collectively, the “Agent Parties”) have any liability to Holdings, the Borrowers, any Lender, any Issuing Bank or any other Person for losses, claims, damages, liabilities or expenses of any kind (whether in tort, contract or otherwise) arising out of a Borrower’s, any Loan Party’s or the Administrative Agent’s transmission of Company Materials or notices through the Platform, any other electronic messaging service, or through the Internet, except to the extent that such losses, claims, damages, liabilities or expenses have resulted from the willful misconduct, bad faith or gross negligence of the Administrative Agent or any of its Related Parties, as applicable. The Administrative Agent, the Issuing Banks and the Lenders shall be entitled to rely and act upon any notices (including telephonic notices and Borrowing Requests) purportedly given by or on behalf of the next Business Day for Borrowers even if (i) such notices were not made in a manner specified herein, were incomplete or were not preceded or followed by any other form of notice specified herein, or (ii) the terms thereof, as understood by the recipient. (c) Any party hereto may change its address or telecopy number or e-mail address for , varied from any confirmation thereof. All telephonic notices to and other telephonic communications hereunder with the Administrative Agent may be recorded by notice the Administrative Agent, and each of the parties hereto hereby consents to the other parties heretosuch recording.

Appears in 1 contract

Samples: Credit Agreement (Endeavor Group Holdings, Inc.)

01Notices. (a) Except in the case of notices and other communications expressly permitted to be given by telephone (and subject to paragraph (b) below), all notices and other communications provided for herein shall be in writing and shall be delivered by hand or overnight courier service, mailed by certified or registered mail or sent by telecopy, fax or other electronic communication, as follows: (i) if to any Loan Party, to it in care of the Borrower at: Virtusa Corporation 0000 Xxxx Xxxx 000 Xxxxxxxx Xxxx, Xxxxx Xxxxxxxxxxx000, XX Xxxxxxxxxxxx,, Xxxxxxxxxxxxx 00000 Attention: Chief Financial Officer Facsimile No: (508) 389-7224 (ii) if to the Administrative Agent at: JPMorgan Chase Bank, N.A. Loan and Agency Services Group 00 Xxxxx Xxxxxxxx, Xxxxx X0 Xxxxxxx, XX 00000-0000 Attention: Xxxxxx Xxxxx Telephone No. (000) 000-0000 Facsimile No: (000)-000-0000 Electronic mail: xxx.xxxxxx.xxxxxxxxx.0@xxxxxxxx.xxx (iii) with a copy to: Xxx Xxxxxxxxxxxxx 00 Xxxxx Xxxxx, 00xx 0xx Xxxxx Xxxxxx, XX 00000 Attention: Xxxxx Xxxxxx, Vice President Telephone No.: (000) 000-00000000 ​ (iv) if to the Issuing Bank, to JPMorgan Chase Bank, N.A. at: 00 X. Xxxxxxxx, Floor L2 Chicago, Illinois 60603 Attention: PJ Balaji, LC Account Manager Telephone No.: 000-000-0000 Facsimile No: (000) 000-0000 Electronic mail: xxxxxxx.xx.xxxxxx.xxxxxxxx.xxxx@xxxxxxxx.xxxxxxxxxx.xx.xxxxxx.xxxxxxxx.xxxx@xxxxxxxx.xxx ​ (v) if to any other Lender, to it at its address (or telecopy number or e-mail address) set forth in its Administrative Questionnaire. Notices sent by hand or overnight courier service, or mailed by certified or registered mail, shall be deemed to have been given when received; notices sent by facsimile shall be deemed to have been given when sent (except that, if not given during normal business hours for the recipient, shall be deemed to have been given at the opening of business on the next Business Day for the recipient). Notices delivered through Electronic Systems, to the extent provided in paragraph (b) below, shall be effective as provided in said paragraph (b). (b) Notices and other communications to the Lenders and the Issuing Bank hereunder may be delivered or furnished by using Electronic Systems pursuant to procedures approved by the Administrative Agent; provided that the foregoing shall not apply to notices pursuant to Article II unless otherwise agreed by the Administrative Agent and the applicable Lender. The Administrative Agent or the Borrower may, in its discretion, agree to accept notices and other communications to it hereunder by electronic communications pursuant to procedures approved by it; provided that approval of such procedures may be limited to particular notices or communications. Unless the Administrative Agent otherwise prescribes, (i) notices and other communications sent to an e-mail address shall be deemed received upon the sender’s receipt of an acknowledgement from the intended recipient (such as by the “return receipt requested” function, as available, return e-mail or other written acknowledgement), and (ii) notices or communications posted to an Internet or intranet website shall be deemed received upon the deemed receipt by the intended recipient, at its e-mail address as described in the foregoing clause (i), of notification that such notice or communication is available and identifying the website address therefor; provided that, for both clauses (i) and (ii) above, if such notice, email or other communication is not sent during the normal business hours of the recipient, such notice or communication shall be deemed to have been sent at the opening of business on the next Business Day for the recipient. (c) Any party hereto may change its address or telecopy number or e-mail address for notices and other communications hereunder by notice to the other parties hereto.

Appears in 1 contract

Samples: Credit Agreement (Virtusa Corp)

01Notices. (a) Except in the case of notices and other communications expressly permitted to be given by telephone (and subject to paragraph (b) below), all notices and other communications provided for herein shall be in writing and shall be delivered by hand or overnight courier service, mailed by certified or registered mail or sent by telecopy, fax or other electronic communication, as follows: (i) if to the Borrower or any Loan other Credit Party, to it in care of the Borrower at: Virtusa Corporation Antero Resources Corporation, 0000 Xxxx Xxxx Xxxxx XxxxxxxxxxxXxxxxxx Xx., XX 00000 Denver, Colorado 80202, Attention: Xxxxxxx X. Xxxxxxx, Chief Financial Officer Facsimile Officer, Telecopy No: . (508000) 389000-72240000; (ii) if to the Administrative Agent at: or Issuing Bank, to JPMorgan Chase Bank, N.A. Loan and Agency Services Group 00 Xxxxx XxxxxxxxN.A., Xxxxx X0 000 Xxxx Xxxxxx, 0xx Xxxxx, Xxxxxxx, XX 00000-0000 Attention: Xxxxxx Xxxxx Telephone No. (000) 000-0000 Facsimile No: (000)-000-0000 Electronic mail: xxx.xxxxxx.xxxxxxxxx.0@xxxxxxxx.xxx (iii) with a copy to: Xxx Xxxxxxxxxxxxx Xxxxx, 00xx Xxxxx Xxxxxx00000, XX 00000 Attention: Xxxxx Xxxxxx, Vice President Telephone Telecopy No.: (000) 000-0000 (iv) if to the Issuing Bank, Attention: Xxxx Xxxxxx, with a copy to JPMorgan Chase Bank, N.A. at: 00 X. XxxxxxxxN.A., Floor L2 ChicagoMail Code TX2-S038, Illinois 60603 Attention: PJ Balaji0000 00xx Xxxxxx, LC Account Manager Telephone Xxxxx 0, Xxxxxx, Xxxxxxxx 00000, Telecopy No.: 000-000-0000 Facsimile No: . (000) 000-0000 Electronic mail0000, Attention: xxxxxxx.xx.xxxxxx.xxxxxxxx.xxxx@xxxxxxxx.xxxXxxx Xxxxxxx; (viii) if to a syndication agent or Co-Documentation Agent, to it at its address (or telecopy number) set forth in its Administrative Questionnaire; and (iv) if to any other Lender, to it at its address (or telecopy number or e-mail addressnumber) set forth in its Administrative Questionnaire. Notices sent by hand or overnight courier service, or mailed by certified or registered mail, shall be deemed to have been given when received; notices sent by facsimile shall be deemed to have been given when sent (except that, if not given during normal business hours for the recipient, shall be deemed to have been given at the opening of business on the next Business Day business day for the recipient). Notices delivered through Electronic Systems, to the extent provided in paragraph (b) below, shall be effective as provided in said paragraph (b). (b) Notices and other communications to the Lenders and the any Issuing Bank hereunder may be delivered or furnished by using Electronic Systems pursuant to procedures approved by the Administrative Agent; provided that the foregoing shall not apply to notices pursuant to Article II unless otherwise agreed by the Administrative Agent and the applicable Lender. The Administrative Agent or the ​ ​ ANTERO CREDIT AGREEMENT ​ ​ ​ Borrower may, in its discretion, agree to accept notices and other communications to it hereunder by electronic communications pursuant to procedures approved by it; provided that approval of such procedures may be limited to particular notices or communications. Unless the Administrative Agent otherwise prescribes, (i) notices and other communications sent to an e-mail address shall be deemed received upon the sender’s receipt of an acknowledgement from the intended recipient (such as by the “return receipt requested” function, as available, return e-mail or other written acknowledgement), and (ii) notices or communications posted to an Internet or intranet website shall be deemed received upon the deemed receipt by the intended recipient, at its e-mail address as described in the foregoing clause (i), of notification that such notice or communication is available and identifying the website address therefor; provided that, for both clauses (i) and (ii) above, if such notice, email or other communication is not sent during the normal business hours of the recipient, such notice or communication shall be deemed to have been sent at the opening of business on the next Business Day business day for the recipient. (c) Any party hereto may change its address or telecopy number or e-mail address for notices and other communications hereunder by notice to the other parties hereto. All notices and other communications given to any party hereto in accordance with the provisions of this Agreement shall be deemed to have been given on the date of receipt.

Appears in 1 contract

Samples: Credit Agreement (ANTERO RESOURCES Corp)

01Notices. (a) Except in the case of notices and other communications expressly permitted to be given by telephone (and subject to paragraph (b) below)telephone, all notices and other communications provided for herein shall be in writing and shall be delivered by hand or overnight courier service, mailed by certified or registered mail or sent by telecopyfax, fax e-mail or other electronic communicationtransmission, as follows: (ia) if If to any Loan Partythe Borrower, to it in care of the Borrower atto: Virtusa Corporation 0000 Xxxx Xxxx Xxxxx XxxxxxxxxxxAMC Entertainment Holdings, Inc. One AMC Way 00000 Xxx Xxxxxx, Xxxxxxx, XX 00000 Attention: Chief Financial Officer Facsimile No: (508) 389-7224 (ii) if to the Administrative Agent at: JPMorgan Chase Bank, N.A. Loan and Agency Services Group 00 Xxxxx Xxxxxxxx, Xxxxx X0 Xxxxxxx, XX 00000-0000 Attention: Xxxxxx Xxxxx Telephone No. (000) 000-0000 Facsimile No: (000)-000-0000 Electronic mail: xxx.xxxxxx.xxxxxxxxx.0@xxxxxxxx.xxx (iii) with a copy to: Xxx Xxxxxxxxxxxxx Xxxxx, 00xx Xxxxx Xxxxxx, XX 00000 Attention: Xxxxx Xxxxxx, Vice President Telephone No.: (000) 000-0000 (iv) if to the Issuing Bank, to JPMorgan Chase Bank, N.A. at: 00 X. Xxxxxxxx, Floor L2 Chicago, Illinois 60603 Attention: PJ Balaji, LC Account Manager Telephone No.: 000-000-0000 Facsimile NoGeneral Counsel Fax: (000) 000-0000 Electronic mailEmail: xxxxxxx.xx.xxxxxx.xxxxxxxx.xxxx@xxxxxxxx.xxxxxxxxxx@xxxxxxxxxxx.xxx ​ With a copy to: ​ Xxxxxxx Xxxxxxx & Xxxxxxxx LLP 000 Xxxxxxxxx Xxxxxx New York, NY 10017 Attention: Xxxxxxxx Xxxxx Email: xxxxxx@xxxxxx.xxx ​ (vb) if If to the Administrative Agent, to: Wilmington Savings Fund Society, FSB 000 Xxxxxxxx Xxxxxx Wilmington, DE 19801 Attn: Xxxxxxx Xxxxx (c) If to any Issuing Bank, to it at its address (or fax number or email address) most recently specified by it in a notice delivered to the Administrative Agent and the Borrower (or, in the absence of any such notice, to the address (or fax number or email address) set forth in the Administrative Questionnaire of the Lender that is serving as such Issuing Bank or is an Affiliate thereof); and (d) If to any other Lender, to it at its address (or telecopy fax number or e-mail email address) set forth in its Administrative Questionnaire. Notices and other communications sent by hand or overnight courier service, or mailed by certified or registered mail, shall be deemed to have been given when received; notices and other communications sent by facsimile fax or other electronic transmission shall be deemed to have been given when sent (except that, if not given during normal business hours for the recipient, shall be deemed to have been given at the opening of business on the next Business Day for the recipient). Notices delivered through Electronic SystemsThe Borrower may change their address, email or facsimile number for notices and other communications hereunder by notice to the extent provided in paragraph (b) belowAdministrative Agent, shall be effective as provided in said paragraph (b). (b) the Administrative Agent may change its address, email or facsimile number for notices and other communications hereunder by notice to the Borrower and the Lenders may change their address, email or facsimile number for notices and other communications hereunder by notice to the Administrative Agent. Notices and other communications to the Lenders and the Issuing Bank Banks hereunder may also be delivered or furnished by using Electronic Systems electronic transmission (including email and Internet or intranet websites) pursuant to procedures reasonably approved by the Administrative Agent; , provided that the foregoing shall not apply to notices to any Lender or Issuing Bank pursuant to Article II unless otherwise agreed if such Lender or Issuing Bank, as applicable, has notified the Administrative Agent that it is incapable of receiving notices under such Article by electronic transmission. THE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE.” THE AGENT PARTIES (AS DE-FINED BELOW) DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE COMPANY MATERIALS OR THE ADEQUACY OF THE PLATFORM, AND EXPRESSLY DISCLAIM LIABILITY FOR ERRORS IN OR OMISSIONS FROM THE COMPANY MATERIALS. NO WARRANTY OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS OR FREEDOM FROM VIRUSES OR OTHER CODE DEFECTS, IS MADE BY ANY AGENT PARTY IN CONNECTION WITH THE COMPANY MATERIALS OR THE PLATFORM. In no event shall the Administrative Agent or any of its Related Parties (collectively, the “Agent Parties”) have any liability to the Borrower, any Lender, any Issuing Bank or any other Person for losses, claims, damages, liabilities or expenses of any kind (whether in tort, contract or otherwise) arising out of the Borrower’s, any Loan Party’s or the Administrative Agent’s transmission of Company Materials or notices through the Platform, any other electronic messaging service, or through the Internet, except to the extent that such losses, claims, damages, liabilities or expenses have resulted from the willful misconduct, bad faith or gross negligence of the Administrative Agent or any of its Related Parties, as applicable. The Administrative Agent, the Issuing Banks and the Lenders shall be entitled to rely and act upon any notices (including telephonic notices and Borrowing Requests) purportedly given by or on behalf of the Borrower even if (i) such notices were not made in a manner specified herein, were incomplete or were not preceded or followed by any other form of notice specified herein, or (ii) the terms thereof, as understood by the recipient, varied from any confirmation thereof. All telephonic notices to and other telephonic communications with the Administrative Agent may be recorded by the Administrative Agent and the applicable Lender. The Administrative Agent or the Borrower may, in its discretion, agree to accept notices and other communications to it hereunder by electronic communications pursuant to procedures approved by it; provided that approval of such procedures may be limited to particular notices or communications. Unless the Administrative Agent otherwise prescribes, (i) notices and other communications sent to an e-mail address shall be deemed received upon the sender’s receipt of an acknowledgement from the intended recipient (such as by the “return receipt requested” function, as available, return e-mail or other written acknowledgement)Agent, and (ii) notices or communications posted to an Internet or intranet website shall be deemed received upon the deemed receipt by the intended recipient, at its e-mail address as described in the foregoing clause (i), of notification that such notice or communication is available and identifying the website address therefor; provided that, for both clauses (i) and (ii) above, if such notice, email or other communication is not sent during the normal business hours each of the recipient, parties hereto hereby consents to such notice or communication shall be deemed to have been sent at the opening of business on the next Business Day for the recipientrecording. (c) Any party hereto may change its address or telecopy number or e-mail address for notices and other communications hereunder by notice to the other parties hereto.

Appears in 1 contract

Samples: Credit Agreement (Amc Entertainment Holdings, Inc.)

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01Notices. All notices, requests and other communications to any party hereunder shall be in writing (including facsimile transmission, or by electronic communication, if arrangements for doing so have been approved by such party) and shall be given to such party: (a) Except in the case of notices and other communications expressly permitted to be given by telephone (and subject to paragraph any Account Party, at the Company’s address or telecopier number set forth on the Company’s signature page hereof, (b) below), all notices and other communications provided for herein shall be in writing and shall be delivered by hand or overnight courier service, mailed by certified or registered mail or sent by telecopy, fax or other electronic communication, as follows: (i) if to any Loan Party, to it in care the case of the Borrower at: Virtusa Corporation 0000 Xxxx Xxxx Xxxxx XxxxxxxxxxxAdministrative Agent, XX 00000 Attention: Chief Financial Officer Facsimile No: (508) 389-7224 (ii) if to the Administrative Agent at: JPMorgan Chase Bank, N.A. Loan and Agency Services Group 00 Xxxxx Xxxxxxxx, Xxxxx X0 Xxxxxxx, XX 00000-0000 Attention: Xxxxxx Xxxxx Telephone No. (000) 000-0000 Facsimile No: (000)-000-0000 Electronic mail: xxx.xxxxxx.xxxxxxxxx.0@xxxxxxxx.xxx (iii) with a copy to: Xxx Xxxxxxxxxxxxx Xxxxx, 00xx Xxxxx Xxxxxx, XX 00000 Attention: Xxxxx Xxxxxx, Vice President Telephone No.: (000) 000-0000 (iv) if to the Issuing Bank, to JPMorgan Chase Bank, N.A. at: 00 X. Xxxxxxxx, Floor L2 Chicago, Illinois 60603 Attention: PJ Balaji, LC Account Manager Telephone No.: 000-000-0000 Facsimile No: (000) 000-0000 Electronic mail: xxxxxxx.xx.xxxxxx.xxxxxxxx.xxxx@xxxxxxxx.xxx (v) if to any other Lender, to it at its address or telecopier number set forth on its respective signature page hereof, (c) in the case of any Bank, at its address or telecopy telecopier number or e-mail address) set forth in its Administrative Questionnaire. Notices sent by hand Questionnaire or overnight courier service(d) in the case of any party, such other address or mailed by certified or registered mail, shall be deemed to have been given when received; notices sent by facsimile shall be deemed to have been given when sent (except that, if not given during normal business hours telecopier number as such party may hereafter specify for the recipient, shall be deemed to have been given at the opening of business on the next Business Day for the recipient). Notices delivered through Electronic Systems, purpose by notice to the extent provided in paragraph (b) belowAdministrative Agent and the Company. Each such notice, request or other communication shall be effective (i) if given by mail, 72 hours after such communication is deposited in the mails with first class postage prepaid, addressed as aforesaid and return receipt requested, (ii) if given by telecopier, when transmitted to the telecopier number specified in this Section or (iii) if given by any other means, when delivered at the relevant address specified by such party pursuant to this Section; provided in said paragraph (b). (b) that notices to the Administrative Agent under Article II or Article VIII shall not be effective until received. Notices and other communications to the Lenders and the Issuing Bank Banks hereunder may be delivered or furnished by using Electronic Systems electronic communications pursuant to procedures approved by the Administrative Agent; provided that the foregoing shall not apply to notices pursuant to Article II unless otherwise agreed by the Administrative Agent and the applicable LenderBank. The Administrative Agent or the Borrower Account Parties may, in its discretion, agree to accept notices and other communications to it hereunder by electronic communications pursuant to procedures approved by it; provided that approval of such procedures may be limited to particular notices or communications. Unless the Administrative Agent otherwise prescribes82 The Platform. THE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE.” THE ADMINISTRATIVE AGENT AND ITS RELATED PARTIES (THE “AGENT PARTIES”) DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE BORROWER MATERIALS OR THE ADEQUACY OF THE PLATFORM, (i) notices and other communications sent to an eAND EXPRESSLY DISCLAIM LIABILITY FOR ERRORS IN OR OMISSIONS FROM THE BORROWER MATERIALS. NO WARRANTY OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-mail address shall be deemed received upon the sender’s receipt of an acknowledgement from the intended recipient (such as by the “return receipt requested” functionINFRINGEMENT OF THIRD PARTY RIGHTS OR FREEDOM FROM VIRUSES OR OTHER CODE DEFECTS, as available, return e-mail or other written acknowledgement), and (ii) notices or communications posted to an Internet or intranet website shall be deemed received upon the deemed receipt by the intended recipient, at its e-mail address as described in the foregoing clause (i), of notification that such notice or communication is available and identifying the website address therefor; provided that, for both clauses (i) and (ii) above, if such notice, email or other communication is not sent during the normal business hours of the recipient, such notice or communication shall be deemed to have been sent at the opening of business on the next Business Day for the recipientIS MADE BY ANY AGENT PARTY IN CONNECTION WITH THE BORROWER MATERIALS OR THE PLATFORM. (c) Any party hereto may change its address or telecopy number or e-mail address for notices and other communications hereunder by notice to the other parties hereto.

Appears in 1 contract

Samples: Credit Agreement (Lincoln National Corp)

01Notices. (a) Except in the case of notices and other communications expressly permitted to be given by telephone (and subject to paragraph (b) below), all notices Notices and other communications provided for herein shall shall, except as provided in Section 11.01(b), be in writing and shall be delivered by hand or overnight courier service, mailed by certified or registered mail or sent by telecopy, fax or other electronic communicationfacsimile transmission, as follows:: ​ ​ (i) if to any Loan Party, to it in care of the Borrower at: Virtusa International Seaways Operating Corporation 0000 Xxxx Xxxx c/o International Seaways Ship Management LLC 000 Xxxxx XxxxxxxxxxxXxxxxx, XX 00000 00xx Floor New York, New York 10016 Attention: Xxxxxxx X. Xxxxxx, Senior Vice President, Chief Financial Officer Facsimile NoTelephone: (508) 389+0-7224000-000-0000 Email: xxxxxxx@xxxxxxxx.xxx Xxxxxxxxxxxxxxx@xxxxxxxx.xxx Xxxxxxxx@xxxxxxxx.xxx (ii) if to the Administrative Agent Agent, to it at: JPMorgan Chase BankNordea Bank Abp, N.A. Loan and Agency Services Group 00 Xxxxx XxxxxxxxNew York Branch 0000 Xxxxxx xx xxx Xxxxxxxx New York, Xxxxx X0 Xxxxxxx, XX 00000-0000 NY 10036 Attention: Xxxxxx Xxxxx Telephone No. (000) 000-0000 Facsimile NoShipping, Offshore and Oil Services Email: (000)-000-0000 Electronic mail: xxx.xxxxxx.xxxxxxxxx.0@xxxxxxxx.xxxxxxxxx.xxxxxx@xxxxxx.xxx and xxxx_xx_XXXXxxx@xxxxxx.xxx ​ (iii) with a copy to: Xxx Xxxxxxxxxxxxx Xxxxx, 00xx Xxxxx Xxxxxx, XX 00000 Attention: Xxxxx Xxxxxx, Vice President Telephone No.: (000) 000-0000 (iv) if to the Issuing Bank, to JPMorgan Chase Bank, N.A. at: 00 X. Xxxxxxxx, Floor L2 Chicago, Illinois 60603 Attention: PJ Balaji, LC Account Manager Telephone No.: 000-000-0000 Facsimile No: (000) 000-0000 Electronic mail: xxxxxxx.xx.xxxxxx.xxxxxxxx.xxxx@xxxxxxxx.xxx (v) if to any other a Lender, to it at its address (or telecopy number or e-mail addressfacsimile number) set forth on Annex I or in its Administrative Questionnaire. Notices sent by hand or overnight courier service, or mailed by certified or registered mail, the Assignment and Acceptance pursuant to which such Lender shall be deemed to have been given when receivedbecome a party hereto; notices sent by facsimile shall be deemed to have been given when sent (except that, if not given during normal business hours for the recipient, shall be deemed to have been given at the opening of business on the next Business Day for the recipient). Notices delivered through Electronic Systems, to the extent provided in paragraph (b) below, shall be effective as provided in said paragraph (b). (b) Notices Notice and other communications to the Lenders and the Issuing Bank hereunder may (subject to Section 11.01(b)) be delivered or furnished by using Electronic Systems electronic communication (including e-mail and Internet or intranet websites) pursuant to procedures approved by the Administrative Agent; provided that . Any party hereto may change its address, facsimile number or e-mail address for notice and other communications hereunder by notice to the foregoing shall not apply to notices pursuant to Article II unless otherwise agreed by the Administrative Agent and the applicable Lenderother parties hereto. The Administrative Agent or the Borrower may, in its discretion, agree to accept notices and other communications to it hereunder by electronic communications pursuant to procedures approved by it; provided , provided, that approval of such procedures may be limited to particular notices or communications. Unless the Administrative Agent otherwise prescribes, (i) notices and other communications sent to an e-mail address shall be deemed received upon the sender’s receipt of an acknowledgement acknowledgment from the intended recipient (such as including by the “return receipt requested” function, as available, return e-mail or other written acknowledgementacknowledgment); provided, and (ii) notices or communications posted to an Internet or intranet website shall be deemed received upon the deemed receipt by the intended recipient, at its e-mail address as described in the foregoing clause (i), of notification that if such notice or communication is available and identifying the website address therefor; provided that, for both clauses (i) and (ii) above, if such notice, email or other communication is not sent during the normal business hours of the recipient, such notice or communication shall be deemed to have been sent at the opening of business on the next Business Day for the recipient, and (ii) notices or communications posted to an Internet or intranet website shall be deemed received upon the deemed receipt by the intended recipient at its e-mail address as described in the foregoing clause (i) of notification that such notice or communication is available and identifying the website address therefor. (b) Each Loan Party hereby agrees that it will provide to the Administrative Agent all information, documents and other materials that it is obligated to furnish to the Administrative Agent pursuant to this Agreement and any other Loan Document, including all notices, requests, financial statements, financial and other reports, certificates and other information materials, including any such communication that (i) relates to a request for a Borrowing or other extension of credit (including any election of an interest rate or interest period relating thereto), (ii) relates to the payment of any principal or other amount due under this Agreement prior to the scheduled date therefor, (iii) provides notice of any Default under this Agreement or (iv) is required to be delivered to satisfy any condition precedent to the effectiveness of this Agreement and/or any borrowing or other extension of credit hereunder or (v) is ​ ​ required to be delivered to satisfy any covenant hereunder or under any other Loan Document (all such communications, collectively, the “Communications”), by transmitting the Communications in an electronic/soft medium in a format reasonably acceptable to the Administrative Agent (it being understood that .pdf format is acceptable) at the e-mail address(es) provided to the Borrower by the Administrative Agent from time to time, other electronic communication in such other form, or in any other manner, including hard copy delivery thereof, as the Administrative Agent shall require. In addition, each Loan Party agrees to continue to provide the Communications to the Administrative Agent in the manner specified in this Agreement or any other Loan Document or in such other form, including hard copy delivery thereof, as the Administrative Agent shall require. Nothing in this Section 11.01 shall prejudice the right of the Agents, any Lender or any Loan Party to give any notice or other communication pursuant to this Agreement or any other Loan Document in any other manner specified in this Agreement or any other Loan Document or as any such Agent shall require. (c) Any To the extent consented to by the Administrative Agent in writing from time to time, the Administrative Agent agrees that receipt of the Communications by the Administrative Agent at its e-mail address(es) set forth above shall constitute effective delivery of the Communications to the Administrative Agent for purposes of the Loan Documents. (d) Each Loan Party and the Administrative Agent and the Collateral Agent further agree that the Administrative Agent and the Collateral Agent shall make the Communications available to the other Agents or the Lenders by posting the Communications on a Platform. The Platform and any Approved Electronic Communications are provided “as is” and “as available.” The Agents do not warrant the accuracy or completeness of the Communications, or the adequacy of the Platform and expressly disclaim liability for errors or omissions in the Platform and the Approved Electronic Communications. No warranty of any kind, express, implied or statutory, including any warranty of merchantability, fitness for a particular purpose, non-infringement of third party hereto may change rights or freedom from viruses or other code defects, is made by any Agent in connection with the Communications or the Platform. In no event shall any Agent have any liability to any Loan Party, any Lender or any other person for damages of any kind, whether or not based on strict liability and including direct or indirect, punitive, special, incidental or consequential damages, losses or expenses (whether in contract, tort or otherwise) arising out of or related to any Loan Party’s or any Agent’s transmissions of Communications through the Internet (including the Platform). Notices or communications posted to an Internet or intranet website shall be deemed received upon the deemed receipt by the intended recipient at its address or telecopy number or e-mail address for notices as described in the foregoing clause (a) of notification that such notice or communication is available and identifying the website address therefor. Each Loan Party understands that the distribution of material through an electronic medium is not necessarily secure and that there are confidentiality and other communications hereunder risks associated with such distribution and agrees and assumes the risks associated with such electronic distribution, except to the extent caused by the willful misconduct or gross negligence of the Administrative Agent, as determined by a final, non-appealable judgment of a court of competent jurisdiction. (e) The Administrative Agent agrees that the receipt of the Communications by the Administrative Agent at its e-mail address shall constitute effective delivery of the Communications to the Administrative Agent for purposes of the Loan Documents. Each Lender agrees that receipt of notice to it (as provided in the next sentence) specifying that the Communications have been posted to the Platform shall constitute effective delivery of the Communications to such Lender for purposes of the Loan Documents. Each Lender agrees to notify the Administrative Agent in writing (including by electronic communication) from time to time of such Xxxxxx’s e-mail address to which the foregoing notice may be sent by electronic transmission and that the foregoing notice may be sent to such e-mail address. Nothing herein shall prejudice the right of the Administrative Agent or any Lender to give any notice or other communication pursuant to any Loan Document in any other manner specified in such Loan Document. (f) Each Loan Party, each Lender and each Agent agrees that the Administrative Agent may, but shall not be obligated to, store any Approved Electronic Communications on the Platform in accordance with the Administrative Agent’s customary document retention procedures and policies. (g) Each Public Lender agrees to cause at least one individual at or on behalf of such Public Lender to at all times have selected the “Private Side Information” or similar designation on the content declaration screen of the Platform in order to enable such Public Lender or its delegate, in accordance with such Public Lender’s compliance procedures and applicable law, including United States federal and state securities laws, to make reference to information that is not made available through the “Public Side Information” portion of the Platform and that may contain Material Non-Public Information with respect to Holdings, its Subsidiaries or their securities for purposes of United States federal or state securities laws. In the event that any Public Lender has determined for itself to not access any information disclosed through the Platform or otherwise, such Public Lender acknowledges that (i) other Lenders may have availed themselves of such information and (ii) neither the Borrower nor the Administrative Agent has any responsibility for such Public Lender’s decision to limit the scope of the information it has obtained in connection with this Agreement and the other parties heretoLoan Documents.

Appears in 1 contract

Samples: Revolving Credit Agreement (International Seaways, Inc.)

01Notices. (a) Except in the case of notices and other communications expressly permitted to be given by telephone (and subject to paragraph (b) belowSection 12.01(b)), all notices and other communications provided for herein shall be in writing and shall be delivered by hand or overnight courier service, mailed by certified or registered mail or sent by telecopy, fax or other electronic communication, as follows: (i) if to any Loan Partythe Borrower, to it in care of the Borrower at: Virtusa Corporation at 0000 Xxxx Xxxx 00xx Xxxxxx, Xxxxx Xxxxxxxxxxx000, XX 00000 Xxxxxx, Xxxxxxxx 00000, Attention: Chief Financial Officer Facsimile No: Xxxx X. XxXxxxx (508) 389Telephone 000-7224000-0000); (ii) if to the Administrative Agent at: JPMorgan Chase BankParent, N.A. Loan and Agency Services Group 00 Xxxxx Xxxxxxxxto it at 0000 00xx Xxxxxx, Xxxxx X0 Xxxxxxx000, XX Xxxxxx, Xxxxxxxx 00000-0000 , Attention: Xxxxxx Xxxxx Xxxx X. XxXxxxx (Telephone No. (000) 000-0000 Facsimile No: (000)-000000-0000 Electronic mail: xxx.xxxxxx.xxxxxxxxx.0@xxxxxxxx.xxx0000); (iii) with a copy to: Xxx Xxxxxxxxxxxxx if to the Administrative Agent, to it at 0000 Xxxxxxxx, 00xx Xxxxx, 00xx Xxxxx XxxxxxXxx Xxxx, XX 00000 Xxx Xxxx 00000, Attention: Xxxxx Xxxxxx, Vice President Xxxxxxx (Telephone No.: (000) 000-0000 (iv) if to the Issuing Bank, to JPMorgan Chase Bank, N.A. at: 00 X. Xxxxxxxx, Floor L2 Chicago, Illinois 60603 Attention: PJ Balaji, LC Account Manager Telephone No.: 000-000-0000 Facsimile No: (000) 000-0000 Electronic mail: xxxxxxx.xx.xxxxxx.xxxxxxxx.xxxx@xxxxxxxx.xxx0000); and (viv) if to any other Lender, to it at its address (or telecopy number or e-mail addressnumber) set forth in its Administrative Questionnaire. Notices sent by hand or overnight courier service, or mailed by certified or registered mail, shall be deemed to have been given when received; notices sent by facsimile shall be deemed to have been given when sent (except that, if not given during normal business hours for the recipient, shall be deemed to have been given at the opening of business on the next Business Day for the recipient). Notices delivered through Electronic Systems, to the extent provided in paragraph (b) below, shall be effective as provided in said paragraph (b). (b) Notices and other communications to the Lenders and the Issuing Bank hereunder may be delivered or furnished by using Electronic Systems electronic communications pursuant to procedures approved by the Administrative Agent; provided that the foregoing shall not apply to notices pursuant to Article II ARTICLE II, ARTICLE III, ARTICLE IV and ARTICLE V unless otherwise agreed by the Administrative Agent and the applicable Lender. The Administrative Agent or the Borrower may, in its discretion, agree to accept notices and other communications to it hereunder by electronic communications pursuant to procedures approved by it; provided that approval of such procedures may be limited to particular notices or communications. Unless the Administrative Agent otherwise prescribes, (i) notices and other communications sent to an e-mail address shall be deemed received upon the sender’s receipt of an acknowledgement from the intended recipient (such as by the “return receipt requested” function, as available, return e-mail or other written acknowledgement), and (ii) notices or communications posted to an Internet or intranet website shall be deemed received upon the deemed receipt by the intended recipient, at its e-mail address as described in the foregoing clause (i), of notification that such notice or communication is available and identifying the website address therefor; provided that, for both clauses (i) and (ii) above, if such notice, email or other communication is not sent during the normal business hours of the recipient, such notice or communication shall be deemed to have been sent at the opening of business on the next Business Day for the recipient. (c) Any party hereto may change its address or telecopy number or e-mail address for notices and other communications hereunder by notice to the other parties hereto.. All notices and other communications given to any party hereto in accordance with the provisions of this Agreement shall be deemed to have been given on the date of receipt. ​ [Credit Agreement]

Appears in 1 contract

Samples: Term Loan Credit Agreement (Sundance Energy Inc.)

01Notices. (a) Except in the case of notices and other communications expressly permitted to be given by telephone (and subject to paragraph (b) belowSection 12.01(b)), all notices and other communications provided for herein shall be in writing and shall be delivered by hand or overnight courier service, mailed by certified or registered mail or sent by telecopy, fax or other electronic communication, as follows: (i) if to any Loan Partythe Borrower, to it in care of the Borrower at: Virtusa Corporation 0000 Xxxx Xxxx Xxxxx XxxxxxxxxxxEnergy Holdings, XX LLC 000 Xxx Xxxxx Xxxxxxx, Xxxxx 000 Xxxxxx, Xxxxx 00000 Attention: Xxxxxx X. Xxxxxx, Chief Financial Officer Facsimile NoFacsimile: (508000) 389000-72240000 (ii) if to the Administrative Agent at: JPMorgan Chase or the Issuing Bank, N.A. Loan and Agency Services Group 00 to it at Xxxxx Fargo Bank, National Association 0000 Xxxxxxxx, Xxxxx X0 XxxxxxxXXX X0000-000 Xxxxxx, XX 00000-0000 AttentionXxxxxxxx 00000 Phone: Xxxxxx Xxxxx Telephone No. (000) 000-0000 Facsimile No000.000.0000 Fax: (000)-000-0000 Electronic mail000.000.0000 Attn: xxx.xxxxxx.xxxxxxxxx.0@xxxxxxxx.xxx (iii) Xxxx XxXxxx with a copy to: Xxx Xxxxxxxxxxxxx XxxxxXxxxx Fargo Bank, 00xx National Association 1000 Louisiana, 9th Floor, MAC T5002-090 Xxxxxxx, Xxxxx Xxxxxx, XX 00000 AttentionFax: Xxxxx Xxxxxx, Vice President Telephone No000.000.0000 Attn: Xxxx Xxxxxxx with a copy to the Administrative Agent at the address noted above.: (000) 000-0000 (iv) if to the Issuing Bank, to JPMorgan Chase Bank, N.A. at: 00 X. Xxxxxxxx, Floor L2 Chicago, Illinois 60603 Attention: PJ Balaji, LC Account Manager Telephone No.: 000-000-0000 Facsimile No: (000) 000-0000 Electronic mail: xxxxxxx.xx.xxxxxx.xxxxxxxx.xxxx@xxxxxxxx.xxx (viii) if to any other Lender, to it at its address (or telecopy number or e-mail addressnumber) set forth in its Administrative Questionnaire. Notices sent by hand or overnight courier service, or mailed by certified or registered mail, shall be deemed to have been given when received; notices sent by facsimile shall be deemed to have been given when sent (except that, if not given during normal business hours for the recipient, shall be deemed to have been given at the opening of business on the next Business Day for the recipient). Notices delivered through Electronic Systems, to the extent provided in paragraph (b) below, shall be effective as provided in said paragraph (b). (b) Notices and other communications to the Lenders and the Issuing Bank hereunder may be delivered or furnished by using Electronic Systems electronic communications pursuant to procedures approved by the Administrative Agent; provided that the foregoing shall not apply to notices pursuant to Article II ARTICLE II, ARTICLE III, ARTICLE IV and ARTICLE V unless otherwise agreed by the Administrative Agent and the applicable Lender. The Administrative Agent or the Borrower may, in its their discretion, agree to accept notices and other communications to it hereunder by electronic communications pursuant to procedures approved by it; provided that approval of such procedures may be limited to particular notices or communications. Unless the Administrative Agent otherwise prescribes, (i) notices and other communications sent to an e-mail address shall be deemed received upon the sender’s receipt of an acknowledgement from the intended recipient (such as by the “return receipt requested” function, as available, return e-mail or other written acknowledgement), and (ii) notices or communications posted to an Internet or intranet website shall be deemed received upon the deemed receipt by the intended recipient, at its e-mail address as described in the foregoing clause (i), of notification that such notice or communication is available and identifying the website address therefor; provided that, for both clauses (i) and (ii) above, if such notice, email or other communication is not sent during the normal business hours of the recipient, such notice or communication shall be deemed to have been sent at the opening of business on the next Business Day for the recipient. (c) Any party hereto may change its address or telecopy number or e-mail address for notices and other communications hereunder by notice to the other parties hereto. All notices and other communications given to any party hereto in accordance with the provisions of this Agreement shall be deemed to have been given on the date of receipt.

Appears in 1 contract

Samples: Credit Agreement (Jones Energy, Inc.)