Common use of Addresses and Notices Clause in Contracts

Addresses and Notices. Any notice, demand, request, report or proxy materials required or permitted to be given or made to a Member under this Agreement shall be in writing and shall be deemed given or made when delivered in person or when sent by first class United States mail or by other means of written communication (including electronic communication) to the Member at the address described below. Any notice, payment or report to be given or made to a Member hereunder shall be deemed conclusively to have been given or made, and the obligation to give such notice or report or to make such payment shall be deemed conclusively to have been fully satisfied, upon sending of such notice, payment or report to the Record Holder of such Shares at his address as shown on the records of the Transfer Agent or delivered electronically as otherwise shown on the records of the Company (including on Exhibit A attached hereto), regardless of any claim of any Person who may have an interest in such Shares by reason of any assignment or otherwise. An affidavit or certificate of making of any notice, payment or report in accordance with the provisions of this Section 8.1 executed by the Company, the Board or the Transfer Agent or the mailing organization shall be prima facie evidence of the giving or making of such notice, payment or report. If any notice, payment or report addressed to a Record Holder at the address of such Record Holder appearing on the books and records of the Transfer Agent or the Company is returned by the United States Postal Service marked to indicate that the United States Postal Service is unable to deliver it or is returned or there is a delivery failure through any electronic communication, such notice, payment or report and any subsequent notices, payments and reports shall be deemed to have been duly given or made without further mailing (until such time as such Record Holder or another Person notifies the Transfer Agent or the Company of a change in his address or electronic address, as applicable) if they are available for the Member at the principal office of the Company for a period of one year from the date of the giving or making of such notice, payment or report to the other Members. Any notice to the Company shall be deemed given if received by the Secretary at the principal office of the Company designated pursuant to the terms and conditions herein. The Board and the Officers may rely and shall be protected in relying on any notice or other document from a Member or other Person if believed by it to be genuine.

Appears in 367 contracts

Samples: Limited Liability Company Operating Agreement (Masterworks 057, LLC), Limited Liability Company Operating Agreement (Masterworks 104, LLC), Limited Liability Company Operating Agreement (Masterworks 172, LLC)

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Addresses and Notices. Any notice, demand, request, report or proxy materials required or permitted to be given or made to a Member Partner or Assignee under this Agreement shall be in writing and shall be deemed given or made when delivered in person or when sent by first class United States mail or by other means of written communication (including electronic communication) to the Member Partner or Assignee at the address described below. Any notice, payment or report to be given or made to a Member Partner or Assignee hereunder shall be deemed conclusively to have been given or made, and the obligation to give such notice or report or to make such payment shall be deemed conclusively to have been fully satisfied, upon sending of such notice, payment or report to the Record Holder of such Shares Partnership Securities at his address as shown on the records of the Transfer Agent or delivered electronically as otherwise shown on the records of the Company (including on Exhibit A attached hereto)Partnership, regardless of any claim of any Person who may have an interest in such Shares Partnership Securities by reason of any assignment or otherwise. An affidavit or certificate of making of any notice, payment or report in accordance with the provisions of this Section 8.1 16.1 executed by the CompanyGeneral Partner, the Board or the Transfer Agent or the mailing organization shall be prima facie evidence of the giving or making of such notice, payment or report. If any notice, payment or report addressed to a Record Holder at the address of such Record Holder appearing on the books and records of the Transfer Agent or the Company Partnership is returned by the United States Postal Service marked to indicate that the United States Postal Service is unable to deliver it or is returned or there is a delivery failure through any electronic communicationit, such notice, payment or report and any subsequent notices, payments and reports shall be deemed to have been duly given or made without further mailing (until such time as such Record Holder or another Person notifies the Transfer Agent or the Company Partnership of a change in his address or electronic address, as applicable) if they are available for the Member Partner or Assignee at the principal office of the Company Partnership for a period of one year from the date of the giving or making of such notice, payment or report to the other MembersPartners and Assignees. Any notice to the Company Partnership shall be deemed given if received by the Secretary General Partner at the principal office of the Company Partnership designated pursuant to the terms and conditions hereinSection 2.3. The Board and the Officers General Partner may rely and shall be protected in relying on any notice or other document from a Member Partner, Assignee or other Person if believed by it to be genuine.

Appears in 84 contracts

Samples: Agreement of Limited Partnership (Tc Pipelines Lp), Agreement of Limited Partnership (Martin Midstream Partners L.P.), Limited Partnership Agreement (Stonemor Partners Lp)

Addresses and Notices. Any notice, demand, request, report or proxy materials required or permitted to be given or made to a Member under this Agreement shall be in writing and shall be deemed given or made when delivered in person or when sent by first class United States mail, electronic mail or by other means of written communication (including electronic communication) to the Member at the address described below. Any notice, payment or report to be given or made to a Member hereunder shall be deemed conclusively to have been given or made, and the obligation to give such notice or report or to make such payment shall be deemed conclusively to have been fully satisfied, upon sending of such notice, payment or report to the Record Holder of such Shares at his or her address (including email address) as shown on the records of the Transfer Agent or delivered electronically as otherwise shown on the records of the Company (including on Exhibit A attached heretoor the Transfer Agent, if any), regardless of any claim of any Person who may have an interest in such Shares by reason of any assignment or otherwise. An affidavit or certificate of making of any notice, payment or report in accordance with the provisions of this Section 8.1 ‎Section 12.1 executed by the Company, the Board or the Transfer Agent (if any) or the mailing organization shall be prima facie evidence of the giving or making of such notice, payment or report. If any notice, payment or report addressed to a Record Holder at the address of such Record Holder appearing on the books and records of the Transfer Agent Company (or the Company Transfer Agent, if any) is returned by the United States Postal Service marked to indicate that the United States Postal Service is unable to deliver it it, or is returned or there by the email server with a message indicating that the email server is a delivery failure through any electronic communicationunable to deliver the email, such notice, payment or report and any subsequent notices, payments and reports shall be deemed to have been duly given or made without further mailing or emailing (until such time as such Record Holder or another Person notifies the Transfer Agent Company (or the Company Transfer Agent, if any) of a change in his address or electronic (including email address, as applicable)) if they are available for the Member at the principal office of the Company for a period of one year from the date of the giving or making of such notice, payment or report to the other Members. Any notice to the Company shall be deemed given if received by the Secretary Manager at the principal office of the Company designated pursuant to Section 2.3 or at the terms and conditions hereinCompany’s principal email address for Member communications, ixxxxxxxxxx@xxxxxxxx.xxx. The Board Manager and the Officers its officers may rely and shall be protected in relying on any notice or other document from a Member or other Person if believed by it to be genuine.

Appears in 35 contracts

Samples: Operating Agreement (Fundrise Growth Ereit Vii, LLC), Operating Agreement (Fundrise East Coast Opportunistic REIT, LLC), Operating Agreement (Fundrise Growth eREIT III, LLC)

Addresses and Notices. Any notice, demand, request, report or proxy materials required or permitted to be given or made to a Member Partner under this Agreement shall be in writing and shall be deemed given or made when delivered in person or when sent by first class United States mail or by other means of written communication (including electronic communication) to the Member Partner at the address described below. Any notice, payment or report to be given or made to a Member Partner hereunder shall be deemed conclusively to have been given or made, and the obligation to give such notice or report or to make such payment shall be deemed conclusively to have been fully satisfied, upon sending of such notice, payment or report to the Record Holder of such Shares Partnership Securities at his address as shown on the records of the Transfer Agent or delivered electronically as otherwise shown on the records of the Company (including on Exhibit A attached hereto)Partnership, regardless of any claim of any Person who may have an interest in such Shares Partnership Securities by reason of any assignment or otherwise. An affidavit or certificate of making of any notice, payment or report in accordance with the provisions of this Section 8.1 16.1 executed by the CompanyGeneral Partner, the Board or the Transfer Agent or the mailing organization shall be prima facie evidence of the giving or making of such notice, payment or report. If any notice, payment or report addressed to a Record Holder at the address of such Record Holder appearing on the books and records of the Transfer Agent or the Company Partnership is returned by the United States Postal Service marked to indicate that the United States Postal Service is unable to deliver it or is returned or there is a delivery failure through any electronic communicationit, such notice, payment or report and any subsequent notices, payments and reports shall be deemed to have been duly given or made without further mailing (until such time as such Record Holder or another Person notifies the Transfer Agent or the Company Partnership of a change in his address or electronic address, as applicable) if they are available for the Member Partner at the principal office of the Company Partnership for a period of one year from the date of the giving or making of such notice, payment or report to the other MembersPartners. Any notice to the Company Partnership shall be deemed given if received by the Secretary General Partner at the principal office of the Company Partnership designated pursuant to the terms and conditions hereinSection 2.3. The Board and the Officers General Partner may rely and shall be protected in relying on any notice or other document from a Member Partner or other Person if believed by it to be genuine.

Appears in 33 contracts

Samples: Agreement of Limited Partnership (Williams Partners L.P.), Agreement of Limited Partnership (Williams Partners L.P.), Agreement of Limited Partnership (Williams Partners L.P.)

Addresses and Notices. Any notice, demand, request, report or proxy materials required or permitted to be given or made to a Member Partner under this Agreement shall be in writing and shall be deemed given or made when delivered in person or when sent by first class United States mail or by other means of written communication (including electronic communication) to the Member Partner at the address described below. Any notice, payment or report to be given or made to a Member Partner hereunder shall be deemed conclusively to have been given or made, and the obligation to give such notice or report or to make such payment shall be deemed conclusively to have been fully satisfied, upon sending of such notice, payment or report to the Record Holder of such Shares Partnership Securities at his address as shown on the records of the Transfer Agent or delivered electronically as otherwise shown on the records of the Company (including on Exhibit A attached hereto)Partnership, regardless of any claim of any Person who may have an interest in such Shares Partnership Securities by reason of any assignment or otherwise. An affidavit or certificate of making of any notice, payment or report in accordance with the provisions of this Section 8.1 17.1 executed by the CompanyGeneral Partner, the Board or the Transfer Agent or the mailing organization shall be prima facie evidence of the giving or making of such notice, payment or report. If any notice, payment or report addressed to a Record Holder at the address of such Record Holder appearing on the books and records of the Transfer Agent or the Company Partnership is returned by the United States Postal Service marked to indicate that the United States Postal Service is unable to deliver it or is returned or there is a delivery failure through any electronic communicationit, such notice, payment or report and any subsequent notices, payments and reports shall be deemed to have been duly given or made without further mailing (until such time as such Record Holder or another Person notifies the Transfer Agent or the Company Partnership of a change in his address or electronic address, as applicable) if they are available for the Member Partner at the principal office of the Company Partnership for a period of one year from the date of the giving or making of such notice, payment or report to the other MembersPartners. Any notice to the Company Partnership shall be deemed given if received by the Secretary General Partner at the principal office of the Company Partnership designated pursuant to the terms and conditions hereinSection 2.3. The Board and the Officers General Partner may rely and shall be protected in relying on any notice or other document from a Member Partner or other Person if believed by it to be genuine.

Appears in 18 contracts

Samples: Limited Partnership Agreement (Teekay LNG Partners L.P.), Exchange Agreement (Teekay Corp), Agreement of Limited Partnership (Teekay LNG Partners L.P.)

Addresses and Notices. (a) Any notice, demand, request, report or proxy materials required or permitted to be given or made to a Member Partner under this Agreement shall be in writing and shall be deemed given or made when delivered in person or when sent by first class United States mail or by other means of written communication (including electronic communication) to the Member Partner at the address described below. Any notice, payment or report to be given or made to a Member Partner hereunder shall be deemed conclusively to have been given or made, and the obligation to give such notice or report or to make such payment shall be deemed conclusively to have been fully satisfied, upon sending of such notice, payment or report to the Record Holder of such Shares Partnership Interests at his address as shown on the records of the Transfer Agent or delivered electronically as otherwise shown on the records of the Company (including on Exhibit A attached hereto)Partnership, regardless of any claim of any Person who may have an interest in such Shares Partnership Interests by reason of any assignment or otherwise. An affidavit or certificate of making of any notice, payment or report in accordance with the provisions of this Section 8.1 16.1 executed by a member of the CompanyBoard of Directors, the Board or General Partner, the Transfer Agent or the mailing organization shall be prima facie evidence of the giving or making of such notice, payment or report. If any notice, payment or report addressed to a Record Holder at the address of such Record Holder appearing on the books and records of the Transfer Agent or the Company Partnership is returned by the United States Postal Service marked to indicate that the United States Postal Service is unable to deliver it or is returned or there is a delivery failure through any electronic communicationit, such notice, payment or report and any subsequent notices, payments and reports shall be deemed to have been duly given or made without further mailing (until such time as such Record Holder or another Person notifies the Transfer Agent or the Company Partnership of a change in his address or electronic address, as applicable) if they are available for the Member Partner at the principal office of the Company Partnership for a period of one year from the date of the giving or making of such notice, payment or report to the other MembersPartners. Any notice to the Company Partnership shall be deemed given if received by the Secretary General Partner or the Board of Directors at the principal office of the Company Partnership designated pursuant to the terms and conditions hereinSection 2.3. The Board General Partner and the Officers Board of Directors may rely and shall be protected in relying on any notice or other document from a Member Partner or other Person if believed by it to be genuine. (b) The terms “in writing,” “written communications,” “written notice” and words of similar import shall be deemed satisfied under this Agreement by use of e-mail and other forms of electronic communication.

Appears in 15 contracts

Samples: Limited Partnership Agreement (KNOT Offshore Partners LP), Exchange Agreement (KNOT Offshore Partners LP), Limited Partnership Agreement (KNOT Offshore Partners LP)

Addresses and Notices. Any notice, demand, request, report or proxy materials required or permitted to be given or made to a Member Partner or Assignee under this Agreement shall be in writing and shall be deemed given or made when delivered in person or when sent by first class United States mail or by other means of written communication (including electronic communication) to the Member Partner or Assignee at the address described below. Any notice, payment or report to be given or made to a Member Partner or Assignee hereunder shall be deemed conclusively to have been given or made, and the obligation to give such notice or report or to make such payment shall be deemed conclusively to have been fully satisfied, upon sending of such notice, payment or report to the Record Holder of such Shares Partnership Securities at his address as shown on the records of the Transfer Agent or delivered electronically as otherwise shown on the records of the Company (including on Exhibit A attached hereto)Partnership, regardless of any claim of any Person who may have an interest in such Shares Partnership Securities by reason of any assignment or otherwise. An affidavit or certificate of making of any notice, payment or report in accordance with the provisions of this Section 8.1 16.1 executed by the CompanyManaging General Partner, the Board or the Transfer Agent or the mailing organization shall be prima facie evidence of the giving or making of such notice, payment or report. If any notice, payment or report addressed to a Record Holder at the address of such Record Holder appearing on the books and records of the Transfer Agent or the Company Partnership is returned by the United States Postal Service marked to indicate that the United States Postal Service is unable to deliver it or is returned or there is a delivery failure through any electronic communicationit, such notice, payment or report and any subsequent notices, payments and reports shall be deemed to have been duly given or made without further mailing (until such time as such Record Holder or another Person notifies the Transfer Agent or the Company Partnership of a change in his address or electronic address, as applicable) if they are available for the Member Partner or Assignee at the principal office of the Company Partnership for a period of one year from the date of the giving or making of such notice, payment or report to the other MembersPartners and Assignees. Any notice to the Company Partnership shall be deemed given if received by the Secretary Managing General Partner at the principal office of the Company Partnership designated pursuant to the terms and conditions hereinSection 2.3. The Board and the Officers Managing General Partner may rely and shall be protected in relying on any notice or other document from a Member Partner, Assignee or other Person if believed by it to be genuine.

Appears in 13 contracts

Samples: Limited Partnership Agreement (Crestwood Equity Partners LP), Limited Partnership Agreement, Limited Partnership Agreement (Alliance Resource Partners Lp)

Addresses and Notices. Any notice, demand, request, report or proxy materials required or permitted to be given or made to a Member Partner under this Agreement shall be in writing and shall be deemed given or made when delivered in person or when sent by first class United States mail or by other means of written communication (including electronic communication) to the Member Partner at the address described below. Any notice, payment or report to be given or made to a Member Partner hereunder shall be deemed conclusively to have been given or made, and the obligation to give such notice or report or to make such payment shall be deemed conclusively to have been fully satisfied, upon sending of such notice, payment or report to the Record Holder of such Shares Partnership Securities at his address as shown on the records of the Transfer Agent or delivered electronically as otherwise shown on the records of the Company (including on Exhibit A attached hereto)Partnership, regardless of any claim of any Person who may have an interest in such Shares Partnership Securities by reason of any assignment or otherwise. Notwithstanding the foregoing, if (i) a Partner shall consent to receiving notices, demands, requests, reports or proxy materials via electronic mail or by the Internet or (ii) the rules of the Commission shall permit any report or proxy materials to be delivered electronically or made available via the Internet, any such notice, demand, request, report or proxy materials shall be deemed given or made when delivered or made available via such mode of delivery. An affidavit or certificate of making of any notice, payment or report in accordance with the provisions of this Section 8.1 17.1 executed by the CompanyGeneral Partner, the Board or the Transfer Agent or the mailing organization shall be prima facie evidence of the giving or making of such notice, payment or report. If any notice, payment or report addressed given or made in accordance with the provisions of this Section 17.1 is returned marked to a Record Holder at indicate that such notice, payment or report was unable to be delivered, such notice, payment or report and, in the address case of such Record Holder appearing on the books and records of the Transfer Agent notices, payments or the Company is reports returned by the United States Postal Service marked to indicate that (or other physical mail delivery mail service outside the United States Postal Service is unable to deliver it or is returned or there is a delivery failure through any electronic communicationof America), such notice, payment or report and any subsequent notices, payments and reports shall be deemed to have been duly given or made without further mailing (until such time as such Record Holder or another Person notifies the Transfer Agent or the Company Partnership of a change in his address address) or electronic address, as applicable) other delivery if they are available for the Member Partner at the principal office of the Company Partnership for a period of one year from the date of the giving or making of such notice, payment or report to the other MembersPartners. Any notice to the Company Partnership shall be deemed given if received by the Secretary General Partner at the principal office of the Company Partnership designated pursuant to the terms and conditions hereinSection 2.3. The Board and the Officers General Partner may rely and shall be protected in relying on any notice or other document from a Member Partner or other Person if believed by it to be genuine.

Appears in 12 contracts

Samples: Limited Partnership Agreement, Limited Partnership Agreement (Steel Partners Holdings L.P.), Limited Partnership Agreement (Steel Partners Holdings L.P.)

Addresses and Notices. Any (a) Unless otherwise specified herein, any notice, demand, request, report or proxy materials required or permitted to be given or made to a Member under this Agreement shall be in writing and shall be deemed given or made when delivered in person or when sent by first class United States mail or by other means of written communication (including electronic communication) to the Member at the address described below. Any notice, payment in the form of a check, demand, request, report or report proxy materials to be given or made to a Member in respect of any Units hereunder shall be deemed conclusively to have been given or made, and the obligation to give such notice notice, demand, request, report or report proxy materials or to make such payment shall be deemed conclusively to have been fully satisfied, upon the sending of such notice, payment payment, demand, request, report or report proxy materials to the Record Holder of such Shares Units at his its address as shown on the records of the Transfer Agent or delivered electronically as otherwise shown on the records of the Company (including on Exhibit A attached hereto)Company, regardless of any claim of any Person who may have an interest in such Shares Units by reason of any assignment or otherwise. . (b) An affidavit or certificate of making of any notice, payment demand, request, report or report proxy materials in accordance with the provisions of this Section 8.1 14.1 executed by the Company, the Board or the Transfer Agent or the mailing organization shall be prima facie evidence of the giving or making of such notice, payment demand, request, report or reportproxy materials. If any notice, payment demand, request, report or proxy materials given or made in accordance with this Section 14.1 is returned marked to indicate that such notice, demand, request, report addressed or proxy materials was unable to a Record Holder at be delivered, then such notice, demand, request, report or proxy materials, and in the address case of such Record Holder appearing on the books and records of the Transfer Agent notice, demand, request, report or the Company is proxy materials returned by the United States Postal Service marked to indicate that or overnight courier of national reputation (or other physical mail delivery service outside of the United States Postal Service is unable to deliver it or is returned or there is a delivery failure through of America), any electronic communication, such subsequent notice, payment demand, request, report or report and any subsequent noticesproxy materials, payments and reports shall be deemed to have been duly given or made without further mailing (until a reasonable period after such time as such Record Holder Member or another Person notifies the Transfer Agent or the Company in writing of a change in his address such Member’s address) or electronic address, as applicable) other delivery if they are it is available for the Member at the principal office of the Company for a period of one year from the date of the giving or making of such notice, payment demand, request, report or report proxy materials to the other Members. Any notice to the Company shall be deemed given if received by the Secretary at the principal office of the Company designated pursuant to the terms and conditions hereinSection 2.3. The Board of Directors and the Officers any Officer may rely and shall be protected in relying on any notice or other document from a Member or other Person if believed by it the Board of Directors or such Officer to be genuine.

Appears in 10 contracts

Samples: Operating Agreement (Brookfield Oaktree Holdings, LLC), Operating Agreement (Oaktree Capital Group, LLC), Operating Agreement

Addresses and Notices. Any notice, demand, request, report or proxy materials required or permitted to be given or made to a Member under this Agreement shall be in writing and shall be deemed given or made when delivered in person or when sent by first class United States mail or by other means of written communication (including electronic communication) to the Member at the address described below. Any notice, payment or report to be given or made to a Member hereunder shall be deemed conclusively to have been given or made, and the obligation to give such notice or report or to make such payment shall be deemed conclusively to have been fully satisfied, upon sending of such notice, payment or report to the Record Holder of such Shares at his address as shown on the records of the Transfer Agent or delivered electronically as otherwise shown on the records of the Company and the applicable Series (including on Exhibit A attached hereto), regardless of any claim of any Person who may have an interest in such Shares by reason of any assignment or otherwise. An affidavit or certificate of making of any notice, payment or report in accordance with the provisions of this Section 8.1 8.01 executed by the CompanyCompany and the applicable Series, the Board or the Transfer Agent or the mailing organization shall be prima facie evidence of the giving or making of such notice, payment or report. If any notice, payment or report addressed to a Record Holder at the address of such Record Holder appearing on the books and records of the Transfer Agent or the Company and the applicable Series is returned by the United States Postal Service marked to indicate that the United States Postal Service is unable to deliver it or is returned or there is a delivery failure through any electronic communication, such notice, payment or report and any subsequent notices, payments and reports shall be deemed to have been duly given or made without further mailing (until such time as such Record Holder or another Person notifies the Transfer Agent or the Company and the applicable Series of a change in his address or electronic address, as applicable) if they are available for the Member at the principal office of the Company and the applicable Series for a period of one year from the date of the giving or making of such notice, payment or report to the other Members. Any notice to the Company and the applicable Series shall be deemed given if received by the Secretary at the principal office of the Company and the applicable Series designated pursuant to the terms and conditions herein. The Board and the Officers may rely and shall be protected in relying on any notice or other document from a Member or other Person if believed by it to be genuine.

Appears in 10 contracts

Samples: Limited Liability Company Operating Agreement (Masterworks Vault 2, LLC), Limited Liability Company Operating Agreement (Masterworks Vault 1, LLC), Limited Liability Company Operating Agreement (Masterworks Vault 3, LLC)

Addresses and Notices. Any notice, demand, request, report or proxy materials required or permitted to be given or made to a Member under this Agreement shall be in writing and shall be deemed given or made when delivered in person or when sent by first class United States mail or by other means of written communication (including electronic communication) to the Member at the address described below. Any notice, payment or report to be given or made to a Member hereunder shall be deemed conclusively to have been given or made, and the obligation to give such notice or report or to make such payment shall be deemed conclusively to have been fully satisfied, upon sending of such notice, payment or report to the Record Holder of such Shares Company Securities at his address as shown on the records of the Transfer Agent or delivered electronically as otherwise shown on the records of the Company (including on Exhibit A attached hereto)Company, regardless of any claim of any Person who may have an interest in such Shares Company Securities by reason of any assignment or otherwise. An affidavit or certificate of making of any notice, payment or report in accordance with the provisions of this Section 8.1 14.1 executed by the Company, the Board or the Transfer Agent or the mailing organization shall be prima facie evidence of the giving or making of such notice, payment or report. If any notice, payment or report addressed to a Record Holder at the address of such Record Holder appearing on the books and records of the Transfer Agent or the Company is returned by the United States Postal Service marked to indicate that the United States Postal Service is unable to deliver it or is returned or there is a delivery failure through any electronic communicationit, such notice, payment or report and any subsequent notices, payments and reports shall be deemed to have been duly given or made without further mailing (until such time as such Record Holder or another Person notifies the Transfer Agent or the Company of a change in his address or electronic address, as applicable) if they are available for the Member at the principal office of the Company for a period of one year from the date of the giving or making of such notice, payment or report to the other Members. Any notice to the Company shall be deemed given if received by the Secretary at the principal office of the Company designated pursuant to the terms and conditions hereinSection 2.3. The Board of Directors and the Officers may rely and shall be protected in relying on any notice or other document from a Member or other Person if believed by it to be genuine.

Appears in 9 contracts

Samples: Limited Liability Company Agreement (Linn Energy, LLC), Limited Liability Company Agreement (Linn Energy, LLC), Limited Liability Company Agreement (Linn Energy, LLC)

Addresses and Notices. Any notice, demand, request, report or proxy materials required or permitted to be given or made to a Member under this Agreement shall be in writing and shall be deemed given or made when delivered in person or when sent by first class United States mail or by other means of written communication (including electronic communication) to the Member at the address described below. Any notice, payment or report to be given or made to a Member hereunder shall be deemed conclusively to have been given or made, and the obligation to give such notice or report or to make such payment shall be deemed conclusively to have been fully satisfied, upon sending of such notice, payment or report to the Record Holder of such Shares Company Securities at his address as shown on the records of the Transfer Agent or delivered electronically as otherwise shown on the records of the Company (including on Exhibit A attached hereto)Company, regardless of any claim of any Person who may have an interest in such Shares Company Securities by reason of any assignment or otherwise. An affidavit or certificate of making of any notice, payment or report in accordance with the provisions of this Section 8.1 15.1 executed by the Company, the Board or the Transfer Agent or the mailing organization shall be prima facie evidence of the giving or making of such notice, payment or report. If any notice, payment or report addressed to a Record Holder at the address of such Record Holder appearing on the books and records of the Transfer Agent or the Company is returned by the United States Postal Service marked to indicate that the United States Postal Service is unable to deliver it or is returned or there is a delivery failure through any electronic communicationit, such notice, payment or report and any subsequent notices, payments and reports shall be deemed to have been duly given or made without further mailing (until such time as such Record Holder or another Person notifies the Transfer Agent or the Company of a change in his address or electronic address, as applicable) if they are available for the Member at the principal office of the Company for a period of one year from the date of the giving or making of such notice, payment or report to the other Members. Any notice to the Company shall be deemed given if received by the Secretary at the principal office of the Company designated pursuant to the terms and conditions hereinSection 2.3. The Board of Directors and the Officers may rely and shall be protected in relying on any notice or other document from a Member or other Person if believed by it to be genuine.

Appears in 9 contracts

Samples: Limited Liability Company Agreement (Cheniere Energy Partners LP Holdings, LLC), Limited Liability Company Agreement (Vanguard Natural Resources, LLC), Limited Liability Company Agreement (LinnCo LLC)

Addresses and Notices. Any notice, demand, request, request or report or proxy materials required or permitted to be given or made to a Member Partner or Assignee under this Agreement shall be in writing and shall be deemed given or made when delivered in person or when sent by first first-class United States mail or by other means of written communication (including electronic communication) to the Member Partner or Assignee at the address described below. Any notice, payment or report to be given or made to a Member Partner or Assignee hereunder shall be deemed conclusively to have been given or made, and the obligation to give such notice or report or to make such payment shall be deemed conclusively to have been fully satisfied, upon sending of such notice, payment or report to the Record Holder of such Shares Unit at his address as shown on the records of the Transfer Agent or delivered electronically as otherwise shown on the records of the Company (including on Exhibit A attached hereto)Partnership, regardless of any claim of any Person who may have an interest in such Shares Unit or the Partnership Interest of a General Partner by reason of any assignment or otherwise. An affidavit or certificate of making of any notice, payment or report in accordance with the provisions of this Section 8.1 18.1 executed by the CompanyGeneral Partner, the Board or the Transfer Agent or the mailing organization shall be prima facie evidence of the giving or making of such notice, payment or report. If any notice, payment or report addressed to a Record Holder at the address of such Record Holder appearing on the books and records of the Transfer Agent or the Company Partnership is returned by the United States Postal Service Post Office marked to indicate that the United States Postal Service is unable to deliver it or is returned or there is a delivery failure through any electronic communicationit, such notice, payment or report and any subsequent notices, payments and reports shall be deemed to have been duly given or made without further mailing (until such time as such Record Holder or another Person notifies the Transfer Agent or the Company Partnership of a change in his address or electronic address, as applicable) if they are available for the Member Partner or Assignee at the principal office of the Company Partnership for a period of one year from the date of the giving or making of such notice, payment or report to the other MembersPartners and Assignees. Any notice to the Company Partnership shall be deemed given if received by the Secretary General Partner at the principal office of the Company Partnership designated pursuant to the terms and conditions hereinSection 1.3. The Board and the Officers General Partner may rely and shall be protected in relying on any notice or other document from a Member Partner, Assignee or other Person if believed by it to be genuine.

Appears in 8 contracts

Samples: Agreement of Limited Partnership (Enbridge Energy Partners Lp), Agreement of Limited Partnership (Enbridge Energy Partners Lp), Contribution Agreement (Enbridge Energy Partners Lp)

Addresses and Notices. Any notice, demand, request, report or proxy materials required or permitted to be given or made to a Member Partner or Assignee under this Agreement shall be in writing and shall be deemed given or made when delivered in person or when sent by first class United States mail or by other means of written communication (including electronic communication) to the Member Partner or Assignee at the address described below. Any notice, payment or report to be given or made to a Member Partner or Assignee hereunder shall be deemed conclusively to have been given or made, and the obligation to give such notice or report or to make such payment shall be deemed conclusively to have been fully satisfied, upon sending of such notice, payment or report to the Record Holder of such Shares Partnership Securities at his address as shown on the records of the Transfer Agent or delivered electronically as otherwise shown on the records of the Company (including on Exhibit A attached hereto)Partnership, regardless of any claim of any Person who may have an interest in such Shares Partnership Securities by reason of any assignment or otherwise. An affidavit or certificate of making of any notice, payment or report in accordance with the provisions of this Section 8.1 16.1 executed by the CompanyGeneral Partner, the Board or the Transfer Agent or the mailing organization shall be prima facie evidence of the giving or making of such notice, payment or report. If any notice, payment or report addressed to a Record Holder at the address of such Record Holder appearing on the books and records of the Transfer Agent or the Company Partnership is returned by the United States Postal Service Post Office marked to indicate that the United States Postal Service is unable to deliver it or is returned or there is a delivery failure through any electronic communicationit, such notice, payment or report and any subsequent notices, payments and reports shall be deemed to have been duly given or made without further mailing (until such time as such Record Holder or another Person notifies the Transfer Agent or the Company Partnership of a change in his address or electronic address, as applicable) if they are available for the Member Partner or Assignee at the principal office of the Company Partnership for a period of one year from the date of the giving or making of such notice, payment or report to the other MembersPartners and Assignees. Any notice to the Company Partnership shall be deemed given if received by the Secretary General Partner at the principal office of the Company Partnership designated pursuant to the terms and conditions hereinSection 2.3. The Board and the Officers General Partner may rely and shall be protected in relying on any notice or other document from a Member Partner, Assignee or other Person if believed by it to be genuine.

Appears in 8 contracts

Samples: Limited Partnership Agreement (Enterprise Products Partners L.P.), Limited Partnership Agreement (Enterprise Products Partners L P), Merger Agreement (Enterprise GP Holdings L.P.)

Addresses and Notices. Any notice, demand, request, report or proxy materials required or permitted to be given or made to a Member Partner under this Agreement shall be in writing and shall be deemed given or made when delivered in person or when sent by first class United States mail or by other means of written communication (including electronic communication) to the Member Partner at the address described below. Any notice, payment or report to be given or made to a Member Partner hereunder shall be deemed conclusively to have been given or made, and the obligation to give such notice or report or to make such payment shall be deemed conclusively to have been fully satisfied, upon sending of such notice, payment or report to the Record Holder of such Shares Partnership Interests at his address as shown on the records of the Transfer Agent or delivered electronically as otherwise shown on the records of the Company (including on Exhibit A attached hereto)Partnership, regardless of any claim of any Person who may have an interest in such Shares Partnership Interests by reason of any assignment or otherwise. Notwithstanding the foregoing, if (i) a Partner shall consent to receiving notices, demands, requests, reports or proxy materials via electronic mail or by the Internet or (ii) the rules of the Commission shall permit any report or proxy materials to be delivered electronically or made available via the Internet, any such notice, demand, request, report or proxy materials shall be deemed given or made when delivered or made available via such mode of delivery. An affidavit or certificate of making of any notice, payment or report in accordance with the provisions of this Section 8.1 16.1 executed by the CompanyGeneral Partner, the Board or the Transfer Agent or the mailing organization shall be prima facie evidence of the giving or making of such notice, payment or report. If any notice, payment or report addressed given or made in accordance with the provisions of this Section 16.1 is returned marked to a Record Holder at indicate that such notice, payment or report was unable to be delivered, such notice, payment or report and, in the address case of such Record Holder appearing on the books and records of the Transfer Agent notices, payments or the Company is reports returned by the United States Postal Service marked to indicate that (or other physical mail delivery mail service outside the United States Postal Service is unable to deliver it or is returned or there is a delivery failure through any electronic communicationof America), such notice, payment or report and any subsequent notices, payments and reports shall be deemed to have been duly given or made without further mailing (until such time as such Record Holder or another Person notifies the Transfer Agent or the Company Partnership of a change in his address address) or electronic address, as applicable) other delivery if they are available for the Member Partner at the principal office of the Company Partnership for a period of one year from the date of the giving or making of such notice, payment or report to the other MembersPartners. Any notice to the Company Partnership shall be deemed given if received by the Secretary General Partner at the principal office of the Company Partnership designated pursuant to the terms and conditions hereinSection 2.3. The Board and the Officers General Partner may rely and shall be protected in relying on any notice or other document from a Member Partner or other Person if believed by it to be genuine. The terms “in writing,” “written communications,” “written notice” and words of similar import shall be deemed satisfied under this Agreement by use of e-mail and other forms of electronic communication.

Appears in 8 contracts

Samples: Limited Partnership Agreement (CVR Refining, LP), Limited Partnership Agreement (CVR Partners, Lp), Limited Partnership Agreement (CVR Refining, LP)

Addresses and Notices. Any notice, demand, request, report or proxy materials required or permitted to be given or made to a Member under this Agreement shall be in writing and shall be deemed given or made when delivered in person or when sent by first class United States mail, electronic mail or by other means of written communication (including electronic communication) to the Member at the address described below. Any notice, payment or report to be given or made to a Member hereunder shall be deemed conclusively to have been given or made, and the obligation to give such notice or report or to make such payment shall be deemed conclusively to have been fully satisfied, upon sending of such notice, payment or report to the Record Holder of such Shares at his or her address (including email address) as shown on the records of the Transfer Agent or delivered electronically as otherwise shown on the records of the Company (including on Exhibit A attached heretoor the Transfer Agent, if any), regardless of any claim of any Person who may have an interest in such Shares by reason of any assignment or otherwise. An affidavit or certificate of making of any notice, payment or report in accordance with the provisions of this Section 8.1 12.1 executed by the Company, the Board or the Transfer Agent (if any) or the mailing organization shall be prima facie evidence of the giving or making of such notice, payment or report. If any notice, payment or report addressed to a Record Holder at the address of such Record Holder appearing on the books and records of the Transfer Agent Company (or the Company Transfer Agent, if any) is returned by the United States Postal Service marked to indicate that the United States Postal Service is unable to deliver it it, or is returned or there by the email server with a message indicating that the email server is a delivery failure through any electronic communicationunable to deliver the email, such notice, payment or report and any subsequent notices, payments and reports shall be deemed to have been duly given or made without further mailing or emailing (until such time as such Record Holder or another Person notifies the Transfer Agent Company (or the Company Transfer Agent, if any) of a change in his address or electronic (including email address, as applicable)) if they are available for the Member at the principal office of the Company for a period of one year from the date of the giving or making of such notice, payment or report to the other Members. Any notice to the Company shall be deemed given if received by the Secretary Manager at the principal office of the Company designated pursuant to Section 2.3 or at the terms and conditions hereinCompany’s principal email address for Member communications, xxxxxxxxxxx@xxxxxxxx.xxx. The Board Manager and the Officers its officers may rely and shall be protected in relying on any notice or other document from a Member or other Person if believed by it to be genuine.

Appears in 7 contracts

Samples: Operating Agreement (REITless Impact Opportunity Zone Strategies LLC), Operating Agreement (REITless Impact Opportunity Zone Strategies LLC), Operating Agreement (REITless Impact Opportunity Zone Strategies LLC)

Addresses and Notices. Any notice, demand, request, report or proxy materials required or permitted to be given or made to a Member under this Agreement shall be in writing and shall be deemed given or made when delivered in person or when sent by first class United States mail, electronic mail or by other means of written communication (including electronic communication) to the Member at the address described below. Any notice, payment or report to be given or made to a Member hereunder shall be deemed conclusively to have been given or made, and the obligation to give such notice or report or to make such payment shall be deemed conclusively to have been fully satisfied, upon sending of such notice, payment or report to the Record Holder of such Shares Units at his or her address (including email address) as shown on the records of the Transfer Agent or delivered electronically as otherwise shown on the records of the Company (including on Exhibit A attached heretoor the Transfer Agent, if any), regardless of any claim of any Person who may have an interest in such Shares Units by reason of any assignment or otherwise. An affidavit or certificate of making of any notice, payment or report in accordance with the provisions of this Section 8.1 ‎Section 12.1 executed by the Company, the Board or the Transfer Agent (if any) or the mailing organization shall be prima facie evidence of the giving or making of such notice, payment or report. If any notice, payment or report addressed to a Record Holder at the address of such Record Holder appearing on the books and records of the Transfer Agent Company (or the Company Transfer Agent, if any) is returned by the United States Postal Service marked to indicate that the United States Postal Service is unable to deliver it it, or is returned or there by the email server with a message indicating that the email server is a delivery failure through any electronic communicationunable to deliver the email, such notice, payment or report and any subsequent notices, payments and reports shall be deemed to have been duly given or made without further mailing or emailing (until such time as such Record Holder or another Person notifies the Transfer Agent Company (or the Company Transfer Agent, if any) of a change in his address or electronic (including email address, as applicable)) if they are available for the Member at the principal office of the Company for a period of one year from the date of the giving or making of such notice, payment or report to the other Members. Any notice to the Company shall be deemed given if received by the Secretary Manager at the principal office of the Company designated pursuant to Section 2.3 or at the terms and conditions hereinCompany’s principal email address for Member communications ____________ . The Board Manager and the Officers its officers may rely and shall be protected in relying on any notice or other document from a Member or other Person if believed by it to be genuine.

Appears in 7 contracts

Samples: Limited Liability Company Agreement (One Chestnut Realty LLC), Limited Liability Company Agreement (One Chestnut Realty LLC), Limited Liability Company Agreement (Solis Seattle, LLC)

Addresses and Notices. (a) Any notice, demand, request, report or proxy materials required or permitted to be given or made to a Member Partner under this Agreement shall be in writing and shall be deemed given or made when delivered in person or when sent by first class United States mail or by other means of written communication (including electronic communication) to the Member Partner at the address described below. Any notice, payment or report to be given or made to a Member Partner hereunder shall be deemed conclusively to have been given or made, and the obligation to give such notice or report or to make such payment shall be deemed conclusively to have been fully satisfied, upon sending of such notice, payment or report to the Record Holder of such Shares Partnership Securities at his address as shown on the records of the Transfer Agent or delivered electronically as otherwise shown on the records of the Company (including on Exhibit A attached hereto)Partnership, regardless of any claim of any Person who may have an interest in such Shares Partnership Securities by reason of any assignment or otherwise. An affidavit or certificate of making of any notice, payment or report in accordance with the provisions of this Section 8.1 16.1 executed by a member of the CompanyBoard of Directors, the Board or General Partner, the Transfer Agent or the mailing organization shall be prima facie evidence of the giving or making of such notice, payment or report. If any notice, payment or report addressed to a Record Holder at the address of such Record Holder appearing on the books and records of the Transfer Agent or the Company Partnership is returned by the United States Postal Service marked to indicate that the United States Postal Service is unable to deliver it or is returned or there is a delivery failure through any electronic communicationit, such notice, payment or report and any subsequent notices, payments and reports shall be deemed to have been duly given or made without further mailing (until such time as such Record Holder or another Person notifies the Transfer Agent or the Company Partnership of a change in his address or electronic address, as applicable) if they are available for the Member Partner at the principal office of the Company Partnership for a period of one year from the date of the giving or making of such notice, payment or report to the other MembersPartners. Any notice to the Company Partnership shall be deemed given if received by the Secretary General Partner or the Board of Directors at the principal office of the Company Partnership designated pursuant to the terms and conditions hereinSection 2.3. The Board General Partner and the Officers Board of Directors may rely and shall be protected in relying on any notice or other document from a Member Partner or other Person if believed by it to be genuine.

Appears in 7 contracts

Samples: Limited Partnership Agreement (Navios Maritime Containers L.P.), Limited Partnership Agreement (Navios Maritime Containers Inc.), Limited Partnership Agreement (Navios Maritime Partners L.P.)

Addresses and Notices. Any notice, demand, request, report or proxy materials required or permitted to be given or made to a Member under this Agreement shall be in writing and shall be deemed given or made when delivered in person or when sent by first class United States mail or by other means of written communication (including or electronic communication) , including via email with return receipt requested, to the Member at the address addresses described below. Any notice, payment or report to be given or made to a Member hereunder shall be deemed conclusively to have been given or made, and the obligation to give such notice or report or to make such payment shall be deemed conclusively to have been fully satisfied, upon sending of such notice, payment or report to the Record Holder of such Shares Units at his address as shown on the records of the Transfer Agent or delivered electronically as otherwise shown on the records of the Company (including on Exhibit A attached hereto), regardless of any claim of any Person who may have an interest in such Shares Units by reason of any assignment or otherwise. An affidavit or certificate of making of any notice, payment or report in accordance with the provisions of this Section 8.1 9.1 executed by the Company, the Board Manager or the Transfer Agent or the mailing organization shall be prima facie evidence of the giving or making of such notice, payment or report. If any notice, payment or report addressed to a Record Holder at the address of such Record Holder appearing on the books and records of the Transfer Agent or the Company is returned by the United States Postal Service marked to indicate that the United States Postal Service is unable to deliver it or is returned or there is a delivery failure through any electronic communicationit, such notice, payment or report and any subsequent notices, payments and reports shall be deemed to have been duly given or made without further mailing (until such time as such Record Holder or another Person notifies the Transfer Agent or the Company of a change in his address or electronic address, as applicable) if they are available for the Member at the principal office of the Company for a period of one year from the date of the giving or making of such notice, payment or report to the other Members. Any notice to the Company shall be deemed given if received by the Secretary at the principal office of the Company designated pursuant to the terms and conditions herein. The Board Manager and the Officers may rely and shall be protected in relying on any notice or other document from a Member or other Person if believed by it to be genuine.

Appears in 7 contracts

Samples: Limited Liability Company Operating Agreement (Vault Holding 1, LLC), Limited Liability Company Operating Agreement (Vault Holding 1, LLC), Limited Liability Company Operating Agreement (Vault Holding 1, LLC)

Addresses and Notices. Any notice, demand, request, report or proxy materials required or permitted to be given or made to a Member under this Agreement shall be in writing and shall be deemed given or made when delivered in person or when sent by first class United States mail, electronic mail or by other means of written communication (including electronic communication) to the Member at the address described below. Any notice, payment or report to be given or made to a Member hereunder shall be deemed conclusively to have been given or made, and the obligation to give such notice or report or to make such payment shall be deemed conclusively to have been fully satisfied, upon sending of such notice, payment or report to the Record Holder of such Shares at his or her address (including email address) as shown on the records of the Transfer Agent or delivered electronically as otherwise shown on the records of the Company (including on Exhibit A attached heretoor the Transfer Agent, if any), regardless of any claim of any Person who may have an interest in such Shares by reason of any assignment or otherwise. An affidavit or certificate of making of any notice, payment or report in accordance with the provisions of this Section 8.1 12.1 executed by the Company, the Board or the Transfer Agent (if any) or the mailing organization shall be prima facie evidence of the giving or making of such notice, payment or report. If any notice, payment or report addressed to a Record Holder at the address of such Record Holder appearing on the books and records of the Transfer Agent Company (or the Company Transfer Agent, if any) is returned by the United States Postal Service marked to indicate that the United States Postal Service is unable to deliver it it, or is returned or there by the email server with a message indicating that the email server is a delivery failure through any electronic communicationunable to deliver the email, such notice, payment or report and any subsequent notices, payments and reports shall be deemed to have been duly given or made without further mailing or emailing (until such time as such Record Holder or another Person notifies the Transfer Agent Company (or the Company Transfer Agent, if any) of a change in his address or electronic (including email address, as applicable)) if they are available for the Member at the principal office of the Company for a period of one year from the date of the giving or making of such notice, payment or report to the other Members. Any notice to the Company shall be deemed given if received by the Secretary Manager at the principal office of the Company designated pursuant to Section 2.3 or at the terms and conditions hereinCompany’s principal email address for Member communications, ixxxxxxxxxx@xxxxxxxx.xxx. The Board Manager and the Officers its officers may rely and shall be protected in relying on any notice or other document from a Member or other Person if believed by it to be genuine.

Appears in 7 contracts

Samples: Operating Agreement (Fundrise Growth eREIT III, LLC), Operating Agreement (Fundrise Equity REIT, LLC), Operating Agreement (Fundrise Development eREIT, LLC)

Addresses and Notices. Any notice, demand, request, report or proxy materials required or permitted to be given or made to a Member under this Agreement shall be in writing and shall be deemed given or made when delivered in person or when sent by first class United States mail, electronic mail or by other means of written communication (including electronic communication) to the Member at the address described below. Any notice, payment or report to be given or made to a Member hereunder shall be deemed conclusively to have been given or made, and the obligation to give such notice or report or to make such payment shall be deemed conclusively to have been fully satisfied, upon sending of such notice, payment or report to the Record Holder of such Shares at his or her address (including email address) as shown on the records of the Transfer Agent or delivered electronically as otherwise shown on the records of the Company (including on Exhibit A attached heretoor the Transfer Agent, if any), regardless of any claim of any Person who may have an interest in such Shares by reason of any assignment or otherwise. An affidavit or certificate of making of any notice, payment or report in accordance with the provisions of this Section 8.1 ‎Section 12.1 executed by the Company, the Board or the Transfer Agent (if any) or the mailing organization shall be prima facie evidence of the giving or making of such notice, payment or report. If any notice, payment or report addressed to a Record Holder at the address of such Record Holder appearing on the books and records of the Transfer Agent Company (or the Company Transfer Agent, if any) is returned by the United States Postal Service marked to indicate that the United States Postal Service is unable to deliver it it, or is returned or there by the email server with a message indicating that the email server is a delivery failure through any electronic communicationunable to deliver the email, such notice, payment or report and any subsequent notices, payments and reports shall be deemed to have been duly given or made without further mailing or emailing (until such time as such Record Holder or another Person notifies the Transfer Agent Company (or the Company Transfer Agent, if any) of a change in his address or electronic (including email address, as applicable)) if they are available for the Member at the principal office of the Company for a period of one year from the date of the giving or making of such notice, payment or report to the other Members. Any notice to the Company shall be deemed given if received by the Secretary Manager at the principal office of the Company designated pursuant to Section 2.3 or at the terms and conditions hereinCompany’s principal email address for Member communications, xxxxxxxxxxx@xxxxxxxx.xxx. The Board Manager and the Officers its officers may rely and shall be protected in relying on any notice or other document from a Member or other Person if believed by it to be genuine.

Appears in 7 contracts

Samples: Operating Agreement (Fundrise Development eREIT, LLC), Operating Agreement (Fundrise eREIT XIV, LLC), Operating Agreement (Fundrise Balanced eREIT, LLC)

Addresses and Notices. Any notice, demand, request, report or proxy materials required or permitted to be given or made to a Member under this Agreement shall be in writing and shall be deemed given or made when delivered in person or when sent by first class United States mail or by other means of written communication (including electronic communication) to the Member at the address described below. Any notice, payment or report to be given or made to a Member hereunder shall be deemed conclusively to have been given or made, and the obligation to give such notice or report or to make such payment shall be deemed conclusively to have been fully satisfied, upon sending of such notice, payment or report to the Record Holder of such Shares Company Securities at his or her address as shown on the records of the Transfer Agent or delivered electronically as otherwise shown on the records of the Company (including on Exhibit A attached hereto)Company, regardless of any claim of any Person who may have an interest in such Shares Company Securities by reason of any assignment or otherwise. An affidavit or certificate of making of any notice, payment or report in accordance with the provisions of this Section 8.1 15.1 executed by the Company, the Board or the Transfer Agent or the mailing organization shall be prima facie evidence of the giving or making of such notice, payment or report. If any notice, payment or report addressed to a Record Holder at the address of such Record Holder appearing on the books and records of the Transfer Agent or the Company is returned by the United States Postal Service marked to indicate that the United States Postal Service is unable to deliver it or is returned or there is a delivery failure through any electronic communicationit, such notice, payment or report and any subsequent notices, payments and reports shall be deemed to have been duly given or made without further mailing (until such time as such Record Holder or another Person notifies the Transfer Agent or the Company of a change in his address or electronic her address, as applicable) if they are available for the Member at the principal office of the Company for a period of one year from the date of the giving or making of such notice, payment or report to the other Members. Any notice to the Company shall be deemed given if received by the Secretary at the principal office of the Company designated pursuant to the terms and conditions hereinSection 2.3. The Board of Directors and the Officers may rely and shall be protected in relying on any notice or other document from a Member or other Person if believed by it to be genuine.

Appears in 6 contracts

Samples: Limited Liability Company Agreement, Limited Liability Company Agreement, Limited Liability Company Agreement (Cheniere Energy Partners LP Holdings, LLC)

Addresses and Notices. Any notice, demand, request, request or report or proxy materials required or permitted to be given or made to a Member Partner under this Agreement shall be in writing and shall be deemed given or made when delivered in person or when sent by first class United States mail or by other means of written communication (including electronic communication) to the Member Partner at the address described below. Any notice, payment or report to be given or made sent to a Member Partner hereunder shall be deemed conclusively to have been given or madesent, and the obligation to give such notice or report or to make such payment shall be deemed conclusively to have been fully satisfied, upon sending mailing of such notice, payment or report to the Record Holder of such Shares Person at his address as shown on the records of the Transfer Agent Partnership or delivered electronically as otherwise shown on the records of the Company (including on Exhibit A attached hereto)Depositary, regardless of any claim of any Person who may have an interest in such Shares Unit or the Partnership Interest of such General Partner by reason of any an assignment or otherwise. An affidavit or certificate of making mailing of any notice, payment or report in accordance with the provisions of this Section 8.1 16.1 executed by the Company, the Board General Partner or the Transfer Agent or the a mailing organization shall be prima facie evidence of the giving or making sending of such notice, payment or report. If any notice, payment or report addressed to a Record Holder at the address of such Record Holder appearing on the books and records of the Transfer Agent Partnership or the Company Depositary is returned by the United States Postal Service marked to indicate that the United States Postal Service is unable to deliver it or is returned or there is a delivery failure through any electronic communicationit, such notice, payment or report and any subsequent notices, payments and reports shall be deemed to have been duly given or made sent without further mailing (until such time as such Record Holder or another Person notifies the Transfer Agent or the Company Partnership of a change in his address or electronic address, as applicable) if they are available for the Member Limited Partner or Assignee at the principal office of the Company Partnership for a period of one year from the date of the giving or making sending of such notice, payment or report to the other MembersLimited Partners and Assignees. Any notice to the Company Partnership shall be deemed given if received by the Secretary General Partner at the principal office of the Company Partnership designated pursuant to the terms and conditions hereinSection 1.3. The Board Partnership and the Officers General Partner may rely and shall be protected in relying on any notice or other document from a Member Partner or other Person if believed by it them to be genuine.

Appears in 6 contracts

Samples: Limited Partnership Agreement (Cedar Fair L P), Agreement of Limited Partnership (Cedar Fair L P), Limited Partnership Agreement (Cedar Fair L P)

Addresses and Notices. Any notice, demand, request, report or proxy materials required or permitted to be given or made to a Member Partner under this Agreement shall be in writing and shall be deemed given or made when delivered in person or when sent by first class United States mail or by other means of written communication (including electronic communication) to the Member Partner at the address described below. Any notice, payment or report to be given or made to a Member Partner hereunder shall be deemed conclusively to have been given or made, and the obligation to give such notice or report or to make such payment shall be deemed conclusively to have been fully satisfied, upon sending of such notice, payment or report to the Record Holder of such Shares Partnership Securities at his address as shown on the records of the Transfer Agent or delivered electronically as otherwise shown on the records of the Company (including on Exhibit A attached hereto)Partnership, regardless of any claim of any Person who may have an interest in such Shares Partnership Securities by reason of any assignment or otherwise. Notwithstanding the foregoing, if (i) a Partner shall consent to receiving notices, demands, requests, reports or proxy materials via electronic mail or by the Internet or (ii) the rules of the Commission shall permit any report or proxy materials to be delivered electronically or made available via the Internet, any such notice, demand, request, report or proxy materials shall be deemed given or made when delivered or made available via such mode of delivery. An affidavit or certificate of making of any notice, payment or report in accordance with the provisions of this Section 8.1 16.1 executed by the CompanyGeneral Partner, the Board or the Transfer Agent or the mailing organization shall be prima facie evidence of the giving or making of such notice, payment or report. If any notice, payment or report addressed given or made in accordance with the provisions of this Section 16.1 is returned marked to a Record Holder at indicate that such notice, payment or report was unable to be delivered, such notice, payment or report and, in the address case of such Record Holder appearing on the books and records of the Transfer Agent notices, payments or the Company is reports returned by the United States Postal Service marked to indicate that (or other physical mail delivery mail service outside the United States Postal Service is unable to deliver it or is returned or there is a delivery failure through any electronic communicationof America), such notice, payment or report and any subsequent notices, payments and reports shall be deemed to have been duly given or made without further mailing (until such time as such Record Holder or another Person notifies the Transfer Agent or the Company Partnership of a change in his address address) or electronic address, as applicable) other delivery if they are available for the Member Partner at the principal office of the Company Partnership for a period of one year from the date of the giving or making of such notice, payment or report to the other MembersPartners. Any notice to the Company Partnership shall be deemed given if received by the Secretary General Partner at the principal office of the Company Partnership designated pursuant to the terms and conditions hereinSection 2.3. The Board and the Officers General Partner may rely and shall be protected in relying on any notice or other document from a Member Partner or other Person if believed by it to be genuine.

Appears in 6 contracts

Samples: Limited Partnership Agreement (AWA Group LP), Limited Partnership Agreement (Steel Partners Holdings L.P.), Limited Partnership Agreement (Steel Partners Holdings L.P.)

Addresses and Notices. Any notice, demand, request, report or proxy materials required or permitted to be given or made to a Member under this Agreement shall be in writing and shall be deemed given or made when delivered in person or when sent by first class United States mail, electronic mail or by other means of written communication (including electronic communication) to the Member at the address described below. Any notice, payment or report to be given or made to a Member hereunder shall be deemed conclusively to have been given or made, and the obligation to give such notice or report or to make such payment shall be deemed conclusively to have been fully satisfied, upon sending of such notice, payment or report to the Record Holder of such Shares at his or her address (including email address) as shown on the records of the Transfer Agent or delivered electronically as otherwise shown on the records of the Company (including on Exhibit A attached heretoor the Transfer Agent, if any), regardless of any claim of any Person who may have an interest in such Shares by reason of any assignment or otherwise. An affidavit or certificate of making of any notice, payment or report in accordance with the provisions of this Section 8.1 ‎Section 11.1 executed by the Company, the Board or the Transfer Agent (if any) or the mailing organization shall be prima facie evidence of the giving or making of such notice, payment or report. If any notice, payment or report addressed to a Record Holder at the address of such Record Holder appearing on the books and records of the Transfer Agent Company (or the Company Transfer Agent, if any) is returned by the United States Postal Service marked to indicate that the United States Postal Service is unable to deliver it it, or is returned or there by the email server with a message indicating that the email server is a delivery failure through any electronic communicationunable to deliver the email, such notice, payment or report and any subsequent notices, payments and reports shall be deemed to have been duly given or made without further mailing or emailing (until such time as such Record Holder or another Person notifies the Transfer Agent Company (or the Company Transfer Agent, if any) of a change in his address or electronic (including email address, as applicable)) if they are available for the Member at the principal office of the Company for a period of one year from the date of the giving or making of such notice, payment or report to the other Members. Any notice to the Company shall be deemed given if received by the Secretary Manager at the principal office of the Company designated pursuant to Section 2.3 or at the terms and conditions hereinCompany’s principal email address for Member communications, ixxxxxxxxxx@xxxxxxxx.xxx. The Board Manager and the Officers its officers may rely and shall be protected in relying on any notice or other document from a Member or other Person if believed by it to be genuine.

Appears in 5 contracts

Samples: Operating Agreement (Fundrise National for-Sale Housing eFund, LLC), Operating Agreement (Fundrise for-Sale Housing eFUND - Los Angeles CA, LLC), Operating Agreement (Fundrise for-Sale Housing eFUND - Washington DC, LLC)

Addresses and Notices. Any notice, demand, request, report or proxy materials required or permitted to be given or made to a Member Partner or Assignee under this Agreement shall be in writing and shall be deemed given or made when delivered in person or when sent by first class United States mail or by other means of written communication (including electronic communication) to the Member Partner or Assignee at the address described below. Any notice, payment or report to be given or made to a Member Partner or Assignee hereunder shall be deemed conclusively to have been given or made, and the obligation to give such notice or report or to make such payment shall be deemed conclusively to have been fully satisfied, upon sending of such notice, payment or report to the Record Holder of such Shares Unit at his address as shown on the records of the Transfer Agent or delivered electronically as otherwise shown on the records of the Company (including on Exhibit A attached hereto)Partnership, regardless of any claim of any Person who may have an interest in such Shares Unit or the Partnership Interest of a General Partner by reason of any assignment or otherwise. An affidavit or certificate of making of any notice, payment or report in accordance with the provisions of this Section 8.1 16.1 executed by the CompanyBoard of Supervisors, the Board or the Transfer Agent or the mailing organization shall be prima facie evidence of the giving or making of such notice, payment or report. If any notice, payment or report addressed to a Record Holder at the address of such Record Holder appearing on the books and records of the Transfer Agent or the Company Partnership is returned by the United States Postal Service marked to indicate that the United States Postal Service is unable to deliver it or is returned or there is a delivery failure through any electronic communicationit, such notice, payment or report and any subsequent notices, payments and reports shall be deemed to have been duly given or made without further mailing (until such time as such Record Holder or another Person notifies the Transfer Agent or the Company Partnership of a change in his address or electronic address, as applicable) if they are available for the Member Partner or Assignee at the principal office of the Company Partnership for a period of one year from the date of the giving or making of such notice, payment or report to the other MembersPartners and Assignees. Any notice to the Company Partnership shall be deemed given if received by the Secretary General Partner at the principal office of the Company Partnership designated pursuant to the terms and conditions hereinSection 2.3. The Board and the Officers of Supervisors may rely and shall be protected in relying on any notice or other document from a Member Partner, Assignee or other Person if believed by it to be genuine.

Appears in 5 contracts

Samples: Limited Partnership Agreement (Suburban Propane Partners Lp), Limited Partnership Agreement (Suburban Propane Partners Lp), Limited Partnership Agreement (Suburban Propane Partners Lp)

Addresses and Notices. Any Except as otherwise provided in Section 5.11(ix) with respect to the Series C Preferred Units, any notice, demand, request, report report, or proxy materials required or permitted to be given or made to a Member Partner or Assignee under this Agreement shall be in writing and shall be deemed given or made when delivered in person or when sent by first class United States mail or by other means of written communication (including electronic communication) to the Member Partner or Assignee at the address described below. Any notice, payment or report to be given or made to a Member Partner or Assignee hereunder shall be deemed conclusively to have been given or made, and the obligation to give such notice or report or to make such payment shall be deemed conclusively to have been fully satisfied, upon sending of such notice, payment or report to the Record Holder of such Shares Partnership Securities at his address as shown on the records of the Transfer Agent or delivered electronically as otherwise shown on the records of the Company (including on Exhibit A attached hereto)Partnership, regardless of any claim of any Person who may have an interest in such Shares Partnership Securities by reason of any assignment or otherwise. An affidavit or certificate of making of any notice, payment or report in accordance with the provisions of this Section 8.1 16.1 executed by the CompanyGeneral Partner, the Board or the Transfer Agent or the mailing organization shall be prima facie evidence of the giving or making of such notice, payment or report. If any notice, payment or report addressed to a Record Holder at the address of such Record Holder appearing on the books and records of the Transfer Agent or the Company Partnership is returned by the United States Postal Service marked to indicate that the United States Postal Service is unable to deliver it or is returned or there is a delivery failure through any electronic communicationit, such notice, payment or report and any subsequent notices, payments and reports shall be deemed to have been duly given or made without further mailing (until such time as such Record Holder or another Person notifies the Transfer Agent or the Company Partnership of a change in his address or electronic address, as applicable) if they are available for the Member Partner or Assignee at the principal office of the Company Partnership for a period of one year from the date of the giving or making of such notice, payment or report to the other MembersPartners and Assignees. Any notice to the Company Partnership shall be deemed given if received by the Secretary General Partner at the principal office of the Company Partnership designated pursuant to the terms and conditions hereinSection 2.3. The Board and the Officers General Partner may rely and shall be protected in relying on any notice or other document from a Member Partner, Assignee or other Person if believed by it to be genuine.

Appears in 5 contracts

Samples: Agreement of Limited Partnership (EnLink Midstream, LLC), Limited Partnership Agreement (EnLink Midstream, LLC), Limited Partnership Agreement (EnLink Midstream Partners, LP)

Addresses and Notices. Any notice, demand, request, report or proxy materials required or permitted to be given or made to a Member Partner or Assignee under this Agreement shall be in writing and shall be deemed given or made when delivered in person or when sent by first class United States mail or by other means of written communication (including electronic communication) to the Member Partner or Assignee at the address described below. Any notice, payment or report to be given or made to a Member Partner or Assignee hereunder shall be deemed conclusively to have been given or made, and the obligation to give such notice or report or to make such payment shall be deemed conclusively to have been fully satisfied, upon sending of such notice, payment or report to the Record Holder of such Shares Partnership Securities at his address as shown on the records of the Transfer Agent or delivered electronically as otherwise shown on the records of the Company (including on Exhibit A attached hereto)Partnership, regardless of any claim of any Person who may have an interest in such Shares Partnership Securities by reason of any assignment or otherwise. An affidavit or certificate of making of any notice, payment or report in accordance with the provisions of this Section 8.1 15.1 executed by the CompanyGeneral Partner, the Board or the Transfer Agent or the mailing organization shall be prima facie evidence of the giving or making of such notice, payment or report. If any notice, payment or report addressed to a Record Holder at the address of such Record Holder appearing on the books and records of the Transfer Agent or the Company Partnership is returned by the United States Postal Service marked to indicate that the United States Postal Service is unable to deliver it or is returned or there is a delivery failure through any electronic communicationit, such notice, payment or report and any subsequent notices, payments and reports shall be deemed to have been duly given or made without further mailing (until such time as such Record Holder or another Person notifies the Transfer Agent or the Company Partnership of a change in his address or electronic address, as applicable) if they are available for the Member Partner or Assignee at the principal office of the Company Partnership for a period of one year from the date of the giving or making of such notice, payment or report to the other MembersPartners and Assignees. Any notice to the Company Partnership shall be deemed given if received by the Secretary General Partner at the principal office of the Company Partnership designated pursuant to the terms and conditions hereinSection 2.3. The Board and the Officers General Partner may rely and shall be protected in relying on any notice or other document from a Member Partner, Assignee or other Person if believed by it to be genuine.

Appears in 5 contracts

Samples: Agreement and Plan of Redemption and Merger (Markwest Hydrocarbon Inc), Agreement of Limited Partnership (Magellan Midstream Partners Lp), Limited Partnership Agreement (Markwest Energy Partners L P)

Addresses and Notices. Any notice, demand, request, report or proxy materials required or permitted to be given or made to a Member Partner under this Agreement shall be in writing and shall be deemed given or made when delivered in person or when sent by first class United States mail or by other means of written communication (including electronic communication) to the Member Partner at the address described below. Any notice, payment or report to be given or made to a Member Partner hereunder shall be deemed conclusively to have been given or made, and the obligation to give such notice or report or to make such payment shall be deemed conclusively to have been fully satisfied, upon sending of such notice, payment or report to the Record Holder of such Shares Partnership Securities at his address as shown on the records of the Transfer Agent or delivered electronically as otherwise shown on the records of the Company (including on Exhibit A attached hereto)Partnership, regardless of any claim of any Person who may have an interest in such Shares Partnership Securities by reason of any assignment or otherwise. An affidavit or certificate of making of any notice, payment or report in accordance with the provisions of this Section 8.1 18.1 executed by the CompanyGeneral Partner, the Board or the Transfer Agent or the mailing organization shall be prima facie evidence of the giving or making of such notice, payment or report. If any notice, payment or report addressed to a Record Holder at the address of such Record Holder appearing on the books and records of the Transfer Agent or the Company Partnership is returned by the United States Postal Service marked to indicate that the United States Postal Service is unable to deliver it or is returned or there is a delivery failure through any electronic communicationit, such notice, payment or report and any subsequent notices, payments and reports shall be deemed to have been duly given or made without further mailing (until such time as such Record Holder or another Person notifies the Transfer Agent or the Company Partnership of a change in his address or electronic address, as applicable) if they are available for the Member Partner at the principal office of the Company Partnership for a period of one year from the date of the giving or making of such notice, payment or report to the other MembersPartners. Any notice to the Company Partnership shall be deemed given if received by the Secretary General Partner at the principal office of the Company Partnership designated pursuant to the terms and conditions hereinSection 2.3. The Board and the Officers General Partner may rely and shall be protected in relying on any notice or other document from a Member Partner or other Person if believed by it to be genuine.

Appears in 5 contracts

Samples: Limited Partnership Agreement (Altera Infrastructure L.P.), Limited Partnership Agreement (Teekay Offshore Partners L.P.), Limited Partnership Agreement (Legacy Reserves Lp)

Addresses and Notices. Any notice, demand, request, report or proxy materials required or permitted to be given or made to a Member under this Agreement shall be in writing and shall be deemed given or made when delivered in person or when sent by first class United States mail or by other means of written communication (including electronic communication) to the Member at the address described below. Any notice, payment or report to be given or made to a Member hereunder shall be deemed conclusively to have been given or made, and the obligation to give such notice or report or to make such payment shall be deemed conclusively to have been fully satisfied, upon sending of such notice, payment or report to the Record Holder of such Shares at his address as shown on the records of the Transfer Agent or delivered electronically as otherwise shown on the records of the Company (including on Exhibit A attached hereto)Company, regardless of any claim of any Person who may have an interest in such Shares by reason of any assignment or otherwise. An affidavit or certificate of making of any notice, payment or report in accordance with the provisions of this Section 8.1 12.1 executed by the Company, the Board or the Transfer Agent or the mailing organization shall be prima facie evidence of the giving or making of such notice, payment or report. If any notice, payment or report addressed to a Record Holder at the address of such Record Holder appearing on the books and records of the Transfer Agent or the Company is returned by the United States Postal Service marked to indicate that the United States Postal Service is unable to deliver it or is returned or there is a delivery failure through any electronic communicationit, such notice, payment or report and any subsequent notices, payments and reports shall be deemed to have been duly given or made without further mailing (until such time as such Record Holder or another Person notifies the Transfer Agent or the Company of a change in his address or electronic address, as applicable) if they are available for the Member at the principal office of the Company for a period of one year from the date of the giving or making of such notice, payment or report to the other Members. Any notice to the Company shall be deemed given if received by the Secretary at the principal office of the Company designated pursuant to the terms and conditions hereinSection 2.3. The Board of Directors and the Officers officers of the Company may rely and shall be protected in relying on any notice or other document from a Member or other Person if believed by it to be genuine.

Appears in 5 contracts

Samples: Limited Liability Company Agreement (Fortress Transportation & Infrastructure Investors LLC), Limited Liability Company Agreement (Fortress Transportation & Infrastructure Investors LLC), Limited Liability Company Agreement (Fortress Transportation & Infrastructure Investors LLC)

Addresses and Notices. Any notice, demand, request, report or proxy materials required or permitted to be given or made to a Member Partner or Assignee under this Agreement shall be in writing and shall be deemed given or made when delivered in person or when sent by first class United States mail or by other means of written communication (including electronic communication) to the Member Partner or Assignee at the address described below. Any notice, payment or report to be given or made to a Member Partner or Assignee hereunder shall be deemed conclusively to have been given or made, and the obligation to give such notice or report or to make such payment shall be deemed conclusively to have been fully satisfied, upon sending of such notice, payment or report to the Record Holder of such Shares Partnership Securities at his address as shown on the records of the Transfer Agent or delivered electronically as otherwise shown on the records of the Company (including on Exhibit A attached hereto)Partnership, regardless of any claim of any Person who may have an interest in such Shares Partnership Securities by reason of any assignment or otherwise. An affidavit or certificate of making of any notice, payment or report in accordance with the provisions of this Section 8.1 17.1 executed by the CompanyGeneral Partner, the Board or the Transfer Agent or the mailing organization shall be prima facie evidence of the giving or making of such notice, payment or report. If any notice, payment or report addressed to a Record Holder at the address of such Record Holder appearing on the books and records of the Transfer Agent or the Company Partnership is returned by the United States Postal Service marked to indicate that the United States Postal Service is unable to deliver it or is returned or there is a delivery failure through any electronic communicationit, such notice, payment or report and any subsequent notices, payments and reports shall be deemed to have been duly given or made without further mailing (until such time as such Record Holder or another Person notifies the Transfer Agent or the Company Partnership of a change in his address or electronic address, as applicable) if they are available for the Member Partner or Assignee at the principal office of the Company Partnership for a period of one year from the date of the giving or making of such notice, payment or report to the other MembersPartners and Assignees. Any notice to the Company Partnership shall be deemed given if received by the Secretary General Partner at the principal office of the Company Partnership designated pursuant to the terms and conditions hereinSection 2.3. The Board and the Officers General Partner may rely and shall be protected in relying on any notice or other document from a Member Partner or Assignee or other Person if believed by it to be genuine.

Appears in 5 contracts

Samples: Limited Partnership Agreement (Energy Transfer LP), Limited Partnership Agreement (Energy Transfer LP), Limited Partnership Agreement (Energy Transfer LP)

Addresses and Notices. Any notice, demand, request, report or proxy materials required or permitted to be given or made to a Member Partner under this Agreement shall be in writing and shall be deemed given or made when delivered in person or when sent by first class United States mail or by other means of written communication (including electronic communication) to the Member Partner at the address described below. Any notice, payment or report to be given or made to a Member Partner hereunder shall be deemed conclusively to have been given or made, and the obligation to give such notice or report or to make such payment shall be deemed conclusively to have been fully satisfied, upon sending of such notice, payment or report to the Record Holder of such Shares Partnership Interests at his address as shown on the records of the Transfer Agent or delivered electronically as otherwise shown on the records of the Company (including on Exhibit A attached hereto)Partnership, regardless of any claim of any Person who may have an interest in such Shares Partnership Interests by reason of any assignment or otherwise. An affidavit or certificate of making of any notice, payment or report in accordance with the provisions of this Section 8.1 16.1 executed by the CompanyGeneral Partner, the Board or the Transfer Agent or the mailing organization shall be prima facie evidence of the giving or making of such notice, payment or report. If any notice, payment or report addressed to a Record Holder at the address of such Record Holder appearing on the books and records of the Transfer Agent or the Company Partnership is returned by the United States Postal Service marked to indicate that the United States Postal Service is unable to deliver it or is returned or there is a delivery failure through any electronic communicationit, such notice, payment or report and any subsequent notices, payments and reports shall be deemed to have been duly given or made without further mailing (until such time as such Record Holder or another Person notifies the Transfer Agent or the Company Partnership of a change in his address or electronic address, as applicable) if they are available for the Member Partner at the principal office of the Company Partnership for a period of one year from the date of the giving or making of such notice, payment or report to the other MembersPartners. Any notice to the Company Partnership shall be deemed given if received by the Secretary General Partner at the principal office of the Company Partnership designated pursuant to the terms and conditions hereinSection 2.3. The Board and the Officers General Partner may rely and shall be protected in relying on any notice or other document from a Member Partner or other Person if believed by it to be genuine.

Appears in 5 contracts

Samples: Limited Partnership Agreement, Limited Partnership Agreement (Plains Gp Holdings Lp), Simplification Agreement (Plains All American Pipeline Lp)

Addresses and Notices. Any notice, demand, request, report or proxy materials required or permitted to be given or made to a Member Partner under this Agreement shall be in writing and shall be deemed given or made when delivered in person or when sent by first class United States mail or by other means of written communication (including electronic communication) to the Member Partner at the address described below. Any notice, payment or report to be given or made to a Member Partner hereunder shall be deemed conclusively to have been given or made, and the obligation to give such notice or report or to make such payment shall be deemed conclusively to have been fully satisfied, upon sending of such notice, payment or report to the Record Holder of such Shares Partnership Interests at his address as shown on the records of the Transfer Agent or delivered electronically as otherwise shown on the records of the Company (including on Exhibit A attached hereto)Partnership, regardless of any claim of any Person who may have an interest in such Shares Partnership Interests by reason of any assignment or otherwise. An affidavit or certificate of making of any notice, payment or report in accordance with the provisions of this Section 8.1 15.1 executed by the CompanyGeneral Partner, the Board or the Transfer Agent or the mailing organization shall be prima facie evidence of the giving or making of such notice, payment or report. If any notice, payment or report addressed to a Record Holder at the address of such Record Holder appearing on the books and records of the Transfer Agent or the Company Partnership is returned by the United States Postal Service Post Office marked to indicate that the United States Postal Service is unable to deliver it or is returned or there is a delivery failure through any electronic communicationit, such notice, payment or report and any subsequent notices, payments and reports shall be deemed to have been duly given or made without further mailing (until such time as such Record Holder or another Person notifies the Transfer Agent or the Company Partnership of a change in his address or electronic address, as applicable) if they are available for the Member Partner at the principal office of the Company Partnership for a period of one year from the date of the giving or making of such notice, payment or report to the other MembersPartners. Any notice to the Company Partnership shall be deemed given if received by the Secretary General Partner at the principal office of the Company Partnership designated pursuant to the terms and conditions hereinSection 2.3. The Board and the Officers General Partner may rely and shall be protected in relying on any notice or other document from a Member Partner or other Person if believed by it to be genuine.

Appears in 4 contracts

Samples: Agreement of Limited Partnership (EV Energy Partners, LP), Limited Partnership Agreement (DCP Midstream Partners, LP), Limited Partnership Agreement (DCP Midstream Partners, LP)

Addresses and Notices. Any notice, demand, request, report or proxy materials required or permitted to be given or made to a Member under this Agreement shall be in writing and shall be deemed given or made when delivered in person or when sent by first class United States mail or by other means of written communication (including electronic communication) to the Member at the address described below. Any notice, payment or report to be given or made to a Member hereunder shall be deemed conclusively to have been given or made, and the obligation to give such notice or report or to make such payment shall be deemed conclusively to have been fully satisfied, upon sending of such notice, payment or report to the Record Holder of such Shares at his address as shown on the records of the Transfer Agent or delivered electronically as otherwise shown on the records of the Company (including on Exhibit A attached hereto)Company, regardless of any claim of any Person who may have an interest in such Shares by reason of any assignment or otherwise. An affidavit or certificate of making of any notice, payment or report in accordance with the provisions of this Section 8.1 12.1 executed by the Company, the Board or the Transfer Agent or the mailing organization shall be prima facie evidence of the giving or making of such notice, payment or report. If any notice, payment or report addressed to a Record Holder at the address of such Record Holder appearing on the books and records of the Transfer Agent or the Company is returned by the United States Postal Service marked to indicate that the United States Postal Service is unable to deliver it or is returned or there is a delivery failure through any electronic communicationit, such notice, payment or report and any subsequent notices, payments and reports shall be deemed to have been duly given or made without further mailing (until such time as such Record Holder or another Person notifies the Transfer Agent or the Company of a change in his address or electronic address, as applicable) if they are available for the Member at the principal office of the Company for a period of one year from the date of the giving or making of such notice, payment or report to the other Members. Any notice to the Company shall be deemed given if received by the Secretary at the principal office of the Company designated pursuant to the terms and conditions hereinSection 2.3. The Board of Directors and the Officers may rely and shall be protected in relying on any notice or other document from a Member or other Person if believed by it to be genuine.

Appears in 4 contracts

Samples: Limited Liability Company Agreement (Fortress Investment Group LLC), Limited Liability Company Agreement (Fortress Investment Group LLC), Limited Liability Company Agreement (Fortress Investment Group LLC)

Addresses and Notices. Any notice, demand, request, report or proxy materials required or permitted to be given or made to a Member Partner or Assignee under this Agreement shall be in writing and shall be deemed given or made when delivered in person or when sent by first class United States mail or by other means of written communication (including electronic communication) to the Member Partner or Assignee at the address described below. Any notice, payment or report to be given or made to a Member Partner or Assignee hereunder shall be deemed conclusively to have been given or made, and the obligation to give such notice or report or to make such payment shall be deemed conclusively to have been fully satisfied, upon sending of such notice, payment or report to the Record Holder of such Shares Partnership Security at his address as shown on the records of the Transfer Agent or delivered electronically as otherwise shown on the records of the Company (including on Exhibit A attached hereto)Partnership, regardless of any claim of any Person who may have an interest in such Shares Partnership Security by reason of any assignment or otherwise. An affidavit or certificate of making of any notice, payment or report in accordance with the provisions of this Section 8.1 16.1 executed by the CompanyGeneral Partner, the Board or the Transfer Agent or the mailing organization shall be prima facie evidence of the giving or making of such notice, payment or report. If any notice, payment or report addressed to a Record Holder at the address of such Record Holder appearing on the books and records of the Transfer Agent or the Company Partnership is returned by the United States Postal Service Post Office marked to indicate that the United States Postal Service is unable to deliver it or is returned or there is a delivery failure through any electronic communicationit, such notice, payment or report and any subsequent notices, payments and reports shall be deemed to have been duly given or made without further mailing (until such time as such Record Holder or another Person notifies the Transfer Agent or the Company Partnership of a change in his address or electronic address, as applicable) if they are available for the Member Partner or Assignee at the principal office of the Company Partnership for a period of one year from the date of the giving or making of such notice, payment or report to the other MembersPartners and Assignees. Any notice to the Company Partnership shall be deemed given if received by the Secretary General Partner at the principal office of the Company Partnership designated pursuant to the terms and conditions hereinSection 2.3. The Board and the Officers General Partner may rely and shall be protected in relying on any notice or other document from a Member Partner, Assignee or other Person if believed by it to be genuine.

Appears in 4 contracts

Samples: Limited Partnership Agreement (Genesis Energy Lp), Limited Partnership Agreement (Genesis Energy Lp), Limited Partnership Agreement (Genesis Energy Lp)

Addresses and Notices. Any notice, demand, request, report or proxy materials required or permitted to be given or made to a Member Shareholder under this Agreement OPERATING AGREEMENT shall be in writing and shall be deemed given or made when delivered in person or when sent by first class United States mail, electronic mail or by other means of written communication (including electronic communication) to the Member Shareholder at the address described below. Any notice, payment or report to be given or made to a Member Shareholder hereunder shall be deemed conclusively to have been given or made, and the obligation to give such notice or report or to make such payment shall be deemed conclusively to have been fully satisfied, upon sending of such notice, payment or report to the Record Holder RECORD HOLDER of such Shares at his / her / its address (including email address) as shown on the records of the Transfer Agent COMPANY (or delivered electronically as otherwise shown on the records of the Company (including on Exhibit A attached heretoTRANSFER AGENT, if any), regardless of any claim of any Person who Person, or entity, which may have an interest in such Shares by reason of any assignment or otherwise. An affidavit or certificate of making of any notice, payment or report in accordance with the provisions of this Section 8.1 12.1 of this OPERATING AGREEMENT executed by the CompanyCOMPANY, the Board or the Transfer Agent TRANSFER AGENT (if any) or the mailing organization shall be prima facie evidence of the giving or making of such notice, payment or report. If any notice, payment or report addressed to a Record Holder RECORD HOLDER at the address of such Record Holder RECORD HOLDER appearing on the books and records of the Transfer Agent COMPANY (or the Company TRANSFER AGENT, if any) is returned by the United States Postal Service marked to indicate that the United States Postal Service is unable to deliver it it, or is returned or there by the email server with a message indicating that the email server is a delivery failure through any electronic communicationunable to deliver the email, such notice, payment or report and any subsequent notices, payments and reports shall be deemed to have been duly given or made without further mailing or emailing (until such time as such Record Holder RECORD HOLDER or another Person or entity notifies the Transfer Agent COMPANY (or the Company TRANSFER AGENT, if any) of a change in his / her / its address or electronic (including email address, as applicable)) if they are available for the Member Shareholder at the principal office of the Company COMPANY for a period of one year from the date of the giving or making of such notice, payment or report to the other MembersShareholders. Any notice to the Company COMPANY shall be deemed given if received by the Secretary MANAGING MEMBER or the BOARD OF DIRECTORS at the principal office of the Company COMPANY designated pursuant to Section 2.3 of this OPERATING AGREEMENT or at the terms and conditions hereinCompany's principal email address for Member communications, IX@XXXxxxxxxXXXX.xxx. The Board MANAGING MEMBER or BOARD OF DIRECTORS and the Officers his/its officers may rely and shall be protected in relying on any notice or other document from a Member Shareholder or other Person person if believed by it to be genuine.

Appears in 4 contracts

Samples: Operating Agreement (Lm Capital Real Estate Investment Trust, LLC), Operating Agreement (Lm Capital Real Estate Investment Trust, LLC), Operating Agreement (Ark Multifamily Reit, LLC)

Addresses and Notices. Any notice, demand, request, report or proxy materials required or permitted to be given or made to a Member Partner or Assignee under this Agreement shall be in writing and shall be deemed given or made when delivered in person or when sent by first class United States mail or by other means of written communication (including electronic communication) to the Member Partner or Assignee at the address described below. Any notice, payment or report to be given or made to a Member Partner or Assignee hereunder shall be deemed conclusively to have been given or made, and the obligation to give such notice or report or to make such payment shall be deemed conclusively to have been fully satisfied, upon sending of such notice, payment or report to the Record Holder of such Shares Unit at his address as shown on the records of the Transfer Agent or delivered electronically as otherwise shown on the records of the Company (including on Exhibit A attached hereto)Partnership, regardless of any claim of any Person who may have an interest in such Shares Unit or the Partnership Interest of a General Partner by reason of any assignment or otherwise. An affidavit or certificate of making of any notice, payment or report in accordance with the provisions of this Section 8.1 18.1 executed by the CompanyGeneral Partner, the Board or the Transfer Agent or the mailing organization shall be prima facie evidence of the giving or making of such notice, payment or report. If any notice, payment or report addressed to a Record Holder at the address of such Record Holder appearing on the books and records of the Transfer Agent or the Company Partnership is returned by the United States Postal Service Post Office marked to indicate that the United States Postal Service is unable to deliver it or is returned or there is a delivery failure through any electronic communicationit, such notice, payment or report and any subsequent notices, payments and reports shall be deemed to have been duly given or made without further mailing (until such time as such Record Holder or another Person notifies the Transfer Agent or the Company Partnership of a change in his address or electronic address, as applicable) if they are available for the Member Partner or Assignee at the principal office of the Company Partnership for a period of one year from the date of the giving or making of such notice, payment or report to the other MembersPartners and Assignees. Any notice to the Company Partnership shall be deemed given if received by the Secretary General Partner at the principal office of the Company Partnership designated pursuant to the terms and conditions hereinSection 1.3. The Board and the Officers General Partner may rely and shall be protected in relying on any notice or other document from a Member Partner, Assignee or other Person if believed by it to be genuine.

Appears in 4 contracts

Samples: Limited Partnership Agreement (Ferrellgas Finance Corp), Limited Partnership Agreement (Ferrellgas L P), Limited Partnership Agreement (Ferrellgas Partners Finance Corp)

Addresses and Notices. Any notice, demand, request, report or proxy materials required or permitted to be given or made to a Member under this Agreement shall be in writing and shall be deemed given or made when delivered in person or when sent by first class United States mail, electronic mail or by other means of written communication (including electronic communication) to the Member at the address described below. Any notice, payment or report to be given or made to a Member hereunder shall be deemed conclusively to have been given or made, and the obligation to give such notice or report or to make such payment shall be deemed conclusively to have been fully satisfied, upon sending of such notice, payment or report to the Record Holder of such Shares Units at his or her address (including email address) as shown on the records of the Transfer Agent or delivered electronically as otherwise shown on the records of the Company (including on Exhibit A attached heretoor the Transfer Agent, if any), regardless of any claim of any Person who may have an interest in such Shares Units by reason of any assignment or otherwise. An affidavit or certificate of making of any notice, payment or report in accordance with the provisions of this Section 8.1 12.1 executed by the Company, the Board or the Transfer Agent (if any) or the mailing organization shall be prima facie evidence of the giving or making of such notice, payment or report. If any notice, payment or report addressed to a Record Holder at the address of such Record Holder appearing on the books and records of the Transfer Agent Company (or the Company Transfer Agent, if any) is returned by the United States Postal Service marked to indicate that the United States Postal Service is unable to deliver it it, or is returned or there by the email server with a message indicating that the email server is a delivery failure through any electronic communicationunable to deliver the email, such notice, payment or report and any subsequent notices, payments and reports shall be deemed to have been duly given or made without further mailing or emailing (until such time as such Record Holder or another Person notifies the Transfer Agent Company (or the Company Transfer Agent, if any) of a change in his address or electronic (including email address, as applicable)) if they are available for the Member at the principal office of the Company for a period of one year from the date of the giving or making of such notice, payment or report to the other Members. Any notice to the Company shall be deemed given if received by the Secretary Manager at the principal office of the Company designated pursuant to Section 2.3 or at the terms and conditions hereinCompany’s principal email address for Member communications, XxxxxxxxXxxxxxxxx@xxxxxxxxxxx.xxx. The Board Manager and the Officers its officers may rely and shall be protected in relying on any notice or other document from a Member or other Person if believed by it to be genuine.

Appears in 4 contracts

Samples: Limited Liability Company Agreement (Birgo Reiturn Fund Manager LLC), Limited Liability Company Agreement (Birgo Reiturn Fund Manager LLC), Limited Liability Company Agreement (Birgo Reiturn Fund Manager LLC)

Addresses and Notices. Any notice, demand, request, report or proxy materials required or permitted to be given or made to a Member under this Agreement shall be in writing and shall be deemed given or made when delivered in person or when sent by first class United States mail or by other means of written communication (including or electronic communication) , including via email with return receipt requested, to the Member at the address addresses described below. Any notice, payment or report to be given or made to a Member hereunder shall be deemed conclusively to have been given or made, and the obligation to give such notice or report or to make such payment shall be deemed conclusively to have been fully satisfied, upon sending of such notice, payment or report to the Record Holder of such Shares Units at his address as shown on the records of the Transfer Agent or delivered electronically as otherwise shown on the records of the Company (including on Exhibit A attached hereto), regardless of any claim of any Person who may have an interest in such Shares Units by reason of any assignment or otherwise. An affidavit or certificate of making of any notice, payment or report in accordance with the provisions of this Section 8.1 executed by the Company, the Board Manager or the Transfer Agent or the mailing organization shall be prima facie evidence of the giving or making of such notice, payment or report. If any notice, payment or report addressed to a Record Holder at the address of such Record Holder appearing on the books and records of the Transfer Agent or the Company is returned by the United States Postal Service marked to indicate that the United States Postal Service is unable to deliver it or is returned or there is a delivery failure through any electronic communicationit, such notice, payment or report and any subsequent notices, payments and reports shall be deemed to have been duly given or made without further mailing (until such time as such Record Holder or another Person notifies the Transfer Agent or the Company of a change in his address or electronic address, as applicable) if they are available for the Member at the principal office of the Company for a period of one year from the date of the giving or making of such notice, payment or report to the other Members. Any notice to the Company shall be deemed given if received by the Secretary at the principal office of the Company designated pursuant to the terms and conditions herein. The Board Manager and the Officers may rely and shall be protected in relying on any notice or other document from a Member or other Person if believed by it to be genuine.

Appears in 3 contracts

Samples: Limited Liability Company Operating Agreement (Vault Holding 1, LLC), Limited Liability Company Operating Agreement (Vault Holding 1, LLC), Limited Liability Company Operating Agreement (Vault Holding 1, LLC)

Addresses and Notices. Any notice, demand, request, request or report or proxy materials required or permitted to be given or made to a Member Partner or Assignee under this Agreement shall be in writing and shall be deemed given or made when delivered in person or when sent by first first-class United States mail or by other means of written communication (including electronic communication) to the Member Partner or Assignee at the address described below. Any notice, payment or report to be given or made to a Member Partner or Assignee hereunder shall be deemed conclusively to have been given or made, and the obligation to give such notice or report or to make such payment shall be deemed conclusively to have been fully satisfied, upon sending of such notice, payment or report to the Record Holder of such Shares Unit at his address as shown on the records of the Transfer Agent or delivered electronically as otherwise shown on the records of the Company (including on Exhibit A attached hereto)Partnership, regardless of any claim of any Person who may have an interest in such Shares Unit or the Partnership Interest of a General Partner by reason of any assignment or otherwise. An affidavit or certificate of making asking of any notice, payment or report in accordance with the provisions of this Section 8.1 18.1 executed by the CompanyGeneral Partner, the Board or the Transfer Agent or the mailing organization shall be prima facie evidence of the giving or making mailing of such notice, payment or report. If any notice, payment or report addressed to a Record Holder at the address of such Record Holder appearing on the books and records of the Transfer Agent or the Company Partnership is returned by the United States Postal Service Post Office marked to indicate that the United States Postal Service is unable to deliver it or is returned or there is a delivery failure through any electronic communicationit, such notice, payment or report and any subsequent notices, payments and reports shall be deemed to have been duly given or made without further mailing (until such time as such Record Holder or another Person notifies the Transfer Agent or the Company Partnership of a change in his address or electronic address, as applicable) if they are available for the Member Partner or Assignee at the principal office of the Company Partnership for a period of one year from the date of the giving or making of such notice, payment or report to the other MembersPartners and Assignees. Any notice to the Company Partnership shall be deemed given if received by the Secretary General Partner at the principal office of the Company Partnership designated pursuant to the terms and conditions hereinSection 1.3. The Board and the Officers General Partner may rely and shall be protected in relying on any notice or other document from a Member Partner, Assignee or other Person if believed by it to be genuine.

Appears in 3 contracts

Samples: Limited Partnership Agreement (El Paso Corp/De), Limited Partnership Agreement (El Paso Energy Partners Lp), Limited Partnership Agreement (Gulfterra Energy Partners L P)

Addresses and Notices. (a) Any notice, demand, request, report report, document or proxy materials required or permitted to be given or made to a Member Partner under this Agreement shall be in writing and shall be deemed given or made when delivered in person or person, when sent by first class United States mail or by other means of written communication (including electronic communication) to the Member Partner at the address described below. in Section 16.1(b), or when made in any other manner, including by press release, if permitted by applicable law. (b) Any noticepayment, payment distribution or report other matter to be given or made to a Member Partner hereunder shall be deemed conclusively to have been given or made, and the obligation to give such notice or report or to make such payment shall be deemed conclusively to have been fully satisfied, when delivered in person or upon sending of such noticepayment, payment distribution or report other matter to the Record Holder of such Shares Partnership Securities at his address as shown on the records of the Transfer Agent or delivered electronically as otherwise shown on the records of the Company (including on Exhibit A attached hereto)Partnership, regardless of any claim of any Person who may have an interest in such Shares Partnership Securities by reason of any assignment or otherwise. . (c) Notwithstanding the foregoing, if (i) a Partner shall consent to receiving notices, demands, requests, reports, documents or proxy materials via electronic mail or by the Internet or (ii) the rules of the Commission shall permit any report or proxy materials to be delivered electronically or made available via the Internet, any such notice, demand, request, report or proxy materials shall be deemed given or made when delivered or made available via such mode of delivery. (d) An affidavit or certificate of making of any notice, payment demand, request, report, document, proxy material, payment, distribution or report other matter in accordance with the provisions of this Section 8.1 16.1 executed by the CompanyManaging Partner, the Board or the Transfer Agent Agent, their agents or the mailing organization shall be prima facie evidence of the giving or making of such notice, payment demand, request, report, document, proxy material, payment, distribution or reportother matter. If any notice, payment demand, request, report, document, proxy material, payment, distribution or report addressed other matter given or made in accordance with the provisions of this Section 16.1 is returned marked to a Record Holder at the address of indicate that it was unable to be delivered, such Record Holder appearing on the books and records of the Transfer Agent notice, demand, request, report, documents, proxy materials, payment, distribution or the Company is other matter and, if returned by the United States Postal Service marked to indicate that (or other physical mail delivery mail service outside the United States Postal Service is unable to deliver it or is returned or there is a delivery failure through any electronic communicationof America), such notice, payment or report and any subsequent notices, payments and reports demands, requests, reports, documents, proxy materials, payments, distributions or other matters shall be deemed to have been duly given or made without further mailing (until such time as such Record Holder or another Person notifies the Transfer Agent or the Company Partnership of a change in his address address) or electronic address, as applicable) other delivery if they are available for the Member Partner at the principal office of the Company Partnership for a period of one year from the date of the giving or making of such notice, payment demand, request, report, document, proxy material, payment, distribution or report other matter to the other MembersPartners. Any notice to the Company Partnership shall be deemed given if received in writing by the Secretary Managing Partner at the principal office of the Company Partnership designated pursuant to the terms and conditions hereinSection 2.3. The Board and the Officers Managing Partner may rely and shall be protected in relying on any notice or other document from a Member Partner or other Person if believed by it to be genuine.

Appears in 3 contracts

Samples: Limited Partnership Agreement (KKR & Co. L.P.), Limited Partnership Agreement (KKR & Co. L.P.), Limited Partnership Agreement (KKR & Co. L.P.)

Addresses and Notices. Any Except as otherwise provided in Section 5.14(b)(ix) with respect to the Series A Preferred Units, Section 5.15(b)(ix) with respect to the Series B Preferred Units, and Section 5.16(b)(ix) with respect to the Series C Preferred Units, any notice, demand, request, report report, or proxy materials required or permitted to be given or made to a Member Partner under this Agreement shall be in writing and shall be deemed given or made when delivered in person or when sent by first class United States mail or by other means of written communication (including electronic communication) to the Member Partner at the address described below. Any notice, payment payment, or report to be given or made to a Member Partner hereunder shall be deemed conclusively to have been given or made, and the obligation to give such notice or report or to make such payment shall be deemed conclusively to have been fully satisfied, upon sending of such notice, payment payment, or report to the Record Holder of such Shares Partnership Securities at his address as shown on the records of the Transfer Agent or delivered electronically as otherwise shown on the records of the Company (including on Exhibit A attached hereto)Partnership, regardless of any claim of any Person who may have an interest in such Shares Partnership Securities by reason of any assignment or otherwise. An affidavit or certificate of making of any notice, payment payment, or report in accordance with the provisions of this Section 8.1 16.1 executed by the CompanyGeneral Partner, the Board or the Transfer Agent Agent, or the mailing organization shall be prima facie evidence of the giving or making of such notice, payment payment, or report. If any notice, payment payment, or report addressed to a Record Holder at the address of such Record Holder appearing on the books and records of the Transfer Agent or the Company Partnership is returned by the United States Postal Service marked to indicate that the United States Postal Service is unable to deliver it or is returned or there is a delivery failure through any electronic communicationit, such notice, payment payment, or report and any subsequent notices, payments payments, and reports shall be deemed to have been duly given or made without further mailing (until such time as such Record Holder or another Person notifies the Transfer Agent or the Company Partnership of a change in his address or electronic address, as applicable) if they are available for the Member Partner at the principal office of the Company Partnership for a period of one year from the date of the giving or making of such notice, payment payment, or report to the other MembersPartners. Any notice to the Company Partnership shall be deemed given if received by the Secretary General Partner at the principal office of the Company Partnership designated pursuant to the terms and conditions hereinSection 2.3. The Board and the Officers General Partner may rely and shall be protected in relying on any notice or other document from a Member Partner or other Person if believed by it to be genuine.

Appears in 3 contracts

Samples: Limited Partnership Agreement (DCP Midstream, LP), Equity Restructuring Agreement (DCP Midstream, LP), Limited Partnership Agreement (DCP Midstream, LP)

Addresses and Notices. (a) Any notice, demand, request, report or proxy materials required or permitted to be given or made to a Member Partner under this Agreement shall be in writing and shall be deemed given or made when delivered in person or when sent by first class United States mail or by other means of written communication (including electronic communication) to the Member Partner at the address described below. Any notice, payment or report to be given or made to a Member Partner hereunder shall be deemed conclusively to have been given or made, and the obligation to give such notice or report or to make such payment shall be deemed conclusively to have been fully satisfied, upon sending of such notice, payment or report to the Record Holder of such Shares Partnership Interests at his address as shown on the records of the Transfer Agent or delivered electronically as otherwise shown on the records of the Company (including on Exhibit A attached hereto)Partnership, regardless of any claim of any Person who may have an interest in such Shares Partnership Interests by reason of any assignment or otherwise. An affidavit or certificate of making of any notice, payment or report in accordance with the provisions of this Section 8.1 17.1 executed by a member of the CompanyBoard of Directors, the Board or General Partner, the Transfer Agent or the mailing organization shall be prima facie evidence of the giving or making of such notice, payment or report. If any notice, payment or report addressed to a Record Holder at the address of such Record Holder appearing on the books and records of the Transfer Agent or the Company Partnership is returned by the United States Postal Service marked to indicate that the United States Postal Service is unable to deliver it or is returned or there is a delivery failure through any electronic communicationit, such notice, payment or report and any subsequent notices, payments and reports shall be deemed to have been duly given or made without further mailing (until such time as such Record Holder or another Person notifies the Transfer Agent or the Company Partnership of a change in his address or electronic address, as applicable) if they are available for the Member Partner at the principal office of the Company Partnership for a period of one year from the date of the giving or making of such notice, payment or report to the other MembersPartners. Any notice to the Company Partnership shall be deemed given if received by the Secretary General Partner or the Board of Directors at the principal office of the Company Partnership designated pursuant to the terms and conditions hereinSection 2.3. The Board General Partner and the Officers Board of Directors may rely and shall be protected in relying on any notice or other document from a Member Partner or other Person if believed by it to be genuine. (b) The terms “in writing,” “written communications,” “written notice” and words of similar import shall be deemed satisfied under this Agreement by use of e-mail and other forms of electronic communication.

Appears in 3 contracts

Samples: Limited Partnership Agreement (Golar LNG Partners LP), Limited Partnership Agreement (GasLog Partners LP), Limited Partnership Agreement (Dynagas LNG Partners LP)

Addresses and Notices. Any notice, demand, request, report or proxy materials required or permitted to be given or made to a Member Partner or Assignee under this Agreement shall be in writing and shall be deemed given or made when delivered in person or when sent by first class United States mail or by other means of written communication (including electronic communication) to the Member Partner or Assignee at the address described below. Any notice, payment or report to be given or made to a Member Partner or Assignee hereunder shall be deemed conclusively to have been given or made, and the obligation to give such notice or report or to make such payment shall be deemed conclusively to have been fully satisfied, upon sending of such notice, payment or report to the Record Holder of such Shares Partnership Securities at his address as shown on the records of the Transfer Agent or delivered electronically as otherwise shown on the records of the Company (including on Exhibit A attached hereto)Partnership, regardless of any claim of any Person who may have an interest in such Shares Partnership Securities by reason of any assignment or otherwise. An affidavit or certificate of making of any notice, payment or report in accordance with the provisions of this Section 8.1 18.1 executed by the CompanyGeneral Partner, the Board or the Transfer Agent or the mailing organization shall be prima facie evidence of the giving or making of such notice, payment or report. If any notice, payment or report addressed to a Record Holder at the address of such Record Holder appearing on the books and records of the Transfer Agent or the Company Partnership is returned by the United States Postal Service marked to indicate that the United States Postal Service is unable to deliver it or is returned or there is a delivery failure through any electronic communicationit, such notice, payment or report and any subsequent notices, payments and reports shall be deemed to have been duly given or made without further mailing (until such time as such Record Holder or another Person notifies the Transfer Agent or the Company Partnership of a change in his address or electronic address, as applicable) if they are available for the Member Partner or Assignee at the principal office of the Company Partnership for a period of one year from the date of the giving or making of such notice, payment or report to the other MembersPartners and Assignees. Any notice to the Company Partnership or the General Partner shall be deemed given if received by the Secretary General Partner at the principal office of the Company Partnership designated pursuant to the terms and conditions hereinSection 1.3. The Board and the Officers General Partner may rely and shall be protected in relying on any notice or other document from a Member Partner, Assignee or other Person if believed by it to be genuine.

Appears in 3 contracts

Samples: Limited Partnership Agreement, Limited Partnership Agreement (ONEOK Partners LP), Limited Partnership Agreement (ONEOK Partners LP)

Addresses and Notices. Any notice, demand, request, report or proxy materials required or permitted to be given or made to a Member Partner or Assignee under this Agreement shall be in writing and shall be deemed given or made when delivered in person or when sent by first class United States mail or by other means of written communication (including electronic communication) to the Member Partner or Assignee at the address described below. Any notice, payment or report to be given or made to a Member Partner or Assignee hereunder shall be deemed conclusively to have been given or made, and the obligation to give such notice or report or to make such payment shall be deemed conclusively to have been fully satisfied, upon sending of such notice, payment or report to the Record Holder of such Shares Unit at his address as shown on the records of the Transfer Agent or delivered electronically as otherwise shown on the records of the Company (including on Exhibit A attached hereto)Partnership, regardless of any claim of any Person who may have an interest in such Shares Unit or the Partnership Interest of a General Partner by reason of any assignment or otherwise. An affidavit or certificate of making of any notice, payment or report in accordance with the provisions of this Section 8.1 18.1 executed by the CompanyGeneral Partner, the Board or the Transfer Agent or the mailing organization shall be prima facie evidence of the giving or making of such notice, payment or report. If any notice, payment or report addressed to a Record Holder at the address of such Record Holder appearing on the books and records of the Transfer Agent or the Company Partnership is returned by the United States Postal Service marked to indicate that the United States Postal Service is unable to deliver it or is returned or there is a delivery failure through any electronic communicationit, such notice, payment or report and any subsequent notices, payments and reports shall be deemed to have been duly given or made without further mailing (until such time as such Record Holder or another Person notifies the Transfer Agent or the Company Partnership of a change in his address or electronic address, as applicable) if they are available for the Member Partner or Assignee at the principal office of the Company Partnership for a period of one year from the date of the giving or making of such notice, payment or report to the other MembersPartners and Assignees. Any notice to the Company Partnership shall be deemed given if received by the Secretary General Partner at the principal office of the Company Partnership designated pursuant to the terms and conditions hereinSection 1.3. The Board and the Officers General Partner may rely and shall be protected in relying on any notice or other document from a Member Partner, Assignee or other Person if believed by it to be genuine.

Appears in 3 contracts

Samples: Limited Partnership Agreement (Star Gas Partners Lp), Limited Partnership Agreement (Star Gas Partners Lp), Limited Partnership Agreement (Star Gas Finance Co)

Addresses and Notices. Any notice, demand, request, report or proxy materials required or permitted to be given or made to a Member Partner under this Agreement shall be in writing and shall be deemed given or made when delivered in person or when sent by first class United States mail or by other means of written communication (including electronic communication) to the Member Partner at the address described below. Any notice, payment or report to be given or made to a Member Partner hereunder shall be deemed conclusively to have been given or made, and the obligation to give such notice or report or to make such payment shall be deemed conclusively to have been fully satisfied, upon sending of such notice, payment or report to the Record Holder of such Shares Partnership Interests at his address as shown on the records of the Transfer Agent or delivered electronically as otherwise shown on the records of the Company (including on Exhibit A attached hereto)Partnership, regardless of any claim of any Person who may have an interest in such Shares Partnership Interests by reason of any assignment or otherwise. Notwithstanding the foregoing, if (i) a Partner shall consent to receiving notices, demands, requests, reports or proxy materials via electronic mail or by the Internet or (ii) the rules of the Commission shall permit any report or proxy materials to be delivered electronically or made available via the Internet, any such notice, demand, request, report or proxy materials shall be deemed given or made when delivered or made available via such mode of delivery. An affidavit or certificate of making of any notice, payment or report in accordance with the provisions of this Section 8.1 16.1 executed by the CompanyGeneral Partner, the Board or the Transfer Agent or the mailing organization shall be prima facie evidence of the giving or making of such notice, payment or report. If any notice, payment or report addressed given or made in accordance with the provisions of this Section 16.1 is returned marked to a Record Holder at indicate that such notice, payment or report was unable to be delivered, such notice, payment or report and, in the address case of such Record Holder appearing on the books and records of the Transfer Agent notices, payments or the Company is reports returned by the United States Postal Service marked to indicate that (or other physical mail delivery mail service outside the United States Postal Service is unable to deliver it or is returned or there is a delivery failure through any electronic communicationof America), such notice, payment or report and any subsequent notices, payments and reports shall be deemed to have been duly given or made without further mailing (until such time as such Record Holder or another Person notifies the Transfer Agent or the Company Partnership of a change in his address address) or electronic address, as applicable) other delivery if they are available for the Member Partner at the principal office of the Company Partnership for a period of one year from the date of the giving or making of such notice, payment or report to the other MembersPartners. Any notice to the Company Partnership shall be deemed given if received by the Secretary General Partner at the principal office of the Company Partnership designated pursuant to the terms and conditions hereinSection 2.3. The Board and the Officers General Partner may rely and shall be protected in relying on any notice or other document from a Member Partner or other Person if believed by it to be genuine. The terms “in writing”, “written communications,” “written notice” and words of similar import shall be deemed satisfied under this Agreement by use of e-mail and other forms of electronic communication.

Appears in 3 contracts

Samples: Limited Partnership Agreement (Sprague Resources LP), Limited Partnership Agreement (Sprague Resources LP), Limited Partnership Agreement (Sprague Resources LP)

Addresses and Notices. Any Except as otherwise provided in Section 16.9, Section 17.9 and Section 18.9 in relation to the Preferred Units, any notice, demand, request, report or proxy materials required or permitted to be given or made to a Member Partner or Assignee under this Agreement shall be in writing and shall be deemed given or made when delivered in person or when sent by first class United States mail or by other means of written communication (including electronic communication) to the Member Partner or Assignee at the address described below. Any notice, payment or report to be given or made to a Member Partner or Assignee hereunder shall be deemed conclusively to have been given or made, and the obligation to give such notice or report or to make such payment shall be deemed conclusively to have been fully satisfied, upon sending of such notice, payment or report to the Record Holder of such Shares Partnership Securities at his address as shown on the records of the Transfer Agent or delivered electronically as otherwise shown on the records of the Company (including on Exhibit A attached hereto)Partnership, regardless of any claim of any Person who may have an interest in such Shares Partnership Securities by reason of any assignment or otherwise. An affidavit or certificate of making of any notice, payment or report in accordance with the provisions of this Section 8.1 19.1 executed by the CompanyGeneral Partner, the Board or the Transfer Agent or the mailing organization shall be prima facie evidence of the giving or making of such notice, payment or report. If any notice, payment or report addressed to a Record Holder at the address of such Record Holder appearing on the books and records of the Transfer Agent or the Company Partnership is returned by the United States Postal Service marked to indicate that the United States Postal Service is unable to deliver it or is returned or there is a delivery failure through any electronic communicationit, such notice, payment or report and any subsequent notices, payments and reports shall be deemed to have been duly given or made without further mailing (until such time as such Record Holder or another Person notifies the Transfer Agent or the Company Partnership of a change in his address or electronic address, as applicable) if they are available for the Member Partner or Assignee at the principal office of the Company Partnership for a period of one year from the date of the giving or making of such notice, payment or report to the other MembersPartners and Assignees. Any notice to the Company Partnership shall be deemed given if received by the Secretary General Partner at the principal office of the Company Partnership designated pursuant to the terms and conditions hereinSection 2.3. The Board and the Officers General Partner may rely and shall be protected in relying on any notice or other document from a Member Partner, Assignee or other Person if believed by it to be genuine.

Appears in 3 contracts

Samples: Merger Agreement (NuStar Energy L.P.), Limited Partnership Agreement (NuStar Energy L.P.), Agreement and Plan of Merger

Addresses and Notices. (a) Any notice, demand, request, report or proxy materials required or permitted to be given or made to a Member Partner under this Agreement shall be in writing and shall be deemed given or made when delivered in person or when sent by first class United States mail or by other means of written communication (including electronic communication) to the Member Partner at the address described below. Any notice, payment or report to be given or made to a Member Partner hereunder shall be deemed conclusively to have been given or made, and the obligation to give such notice or report or to make such payment shall be deemed conclusively to have been fully satisfied, upon sending of such notice, payment or report to the Record Holder of such Shares Partnership Interests at his address as shown on the records of the Transfer Agent or delivered electronically as otherwise shown on the records of the Company (including on Exhibit A attached hereto)Partnership, regardless of any claim of any Person who may have an interest in such Shares Partnership Interests by reason of any assignment or otherwise. An affidavit or certificate of making of any notice, payment or report in accordance with the provisions of this Section 8.1 19.1 executed by a member of the CompanyBoard of Directors, the Board or General Partner, the Transfer Agent or the mailing organization shall be prima facie evidence of the giving or making of such notice, payment or report. If any notice, payment or report addressed to a Record Holder at the address of such Record Holder appearing on the books and records of the Transfer Agent or the Company Partnership is returned by the United States Postal Service marked to indicate that the United States Postal Service is unable to deliver it or is returned or there is a delivery failure through any electronic communicationit, such notice, payment or report and any subsequent notices, payments and reports shall be deemed to have been duly given or made without further mailing (until such time as such Record Holder or another Person notifies the Transfer Agent or the Company Partnership of a change in his address or electronic address, as applicable) if they are available for the Member Partner at the principal office of the Company Partnership for a period of one year from the date of the giving or making of such notice, payment or report to the other MembersPartners. Any notice to the Company Partnership shall be deemed given if received by the Secretary General Partner or the Board of Directors at the principal office of the Company Partnership designated pursuant to the terms and conditions hereinSection 2.3. The Board General Partner and the Officers Board of Directors may rely and shall be protected in relying on any notice or other document from a Member Partner or other Person if believed by it to be genuine. (b) The terms “in writing,” “written communications,” “written notice” and words of similar import shall be deemed satisfied under this Agreement by use of e-mail and other forms of electronic communication.

Appears in 3 contracts

Samples: Limited Partnership Agreement (GasLog Partners LP), Limited Partnership Agreement (GasLog Partners LP), Limited Partnership Agreement (GasLog Partners LP)

Addresses and Notices. (a) Any notice, demand, request, report or proxy materials required or permitted to be given or made to a Member under this Agreement shall be in writing and shall be deemed given or made when delivered in person or when sent by first class United States mail or by other means of written communication (including electronic communication) to the Member at the address described below. Any notice, payment or report to be given or made to a Member hereunder shall be deemed conclusively to have been given or made, and the obligation to give such notice or report or to make such payment shall be deemed conclusively to have been fully satisfied, upon sending of such notice, payment or report to the Record Holder of such Shares at his address as shown on the records of the Transfer Agent or delivered electronically as otherwise shown on the records of the Company (including on Exhibit A attached hereto)Company, regardless of any claim of any Person who may have an interest in such Shares by reason of any assignment or otherwise. Notwithstanding the foregoing, if (i) a Member shall consent to receiving notices, demands, requests, reports or proxy materials via electronic mail or by the Internet or (ii) the rules of the Commission shall permit any report or proxy materials to be delivered electronically or made available via the Internet, any such notice, demand, request, report or proxy materials shall be deemed given or made when delivered or made available via such mode of delivery. An affidavit or certificate of making of any notice, payment or report in accordance with the provisions of this Section 8.1 12.1 executed by the Company, the Board or the Transfer Agent or the mailing organization shall be prima facie evidence of the giving or making of such notice, payment or report. If any notice, payment or report addressed given or made in accordance with the provisions of this Section 12.1 is returned marked to a Record Holder at indicate that such notice, payment or report was unable to be delivered, such notice, payment or report and, in the address case of such Record Holder appearing on the books and records of the Transfer Agent notices, payments or the Company is reports returned by the United States Postal Service marked to indicate that (or other physical mail delivery service outside the United States Postal Service is unable to deliver it or is returned or there is a delivery failure through any electronic communication, such notice, payment or report of America) and any subsequent notices, payments and reports shall be deemed to have been duly given or made without further mailing (until such time as such Record Holder or another Person notifies the Transfer Agent or the Company of a change in his address address) or electronic address, as applicable) other delivery if they are available for the Member at the principal office of the Company for a period of one year from the date of the giving or making of such notice, payment or report to the other Members. Any notice to the Company shall be deemed given if received by the Secretary at the principal office of the Company designated pursuant to the terms and conditions hereinSection 2.3. The Board of Directors and the Officers may rely and shall be protected in relying on any notice or other document from a Member or other Person if believed by it to be genuine. (b) The terms “in writing,” “written communications,” “written notice” and words of similar import shall be deemed satisfied under this Agreement by use of e-mail and other forms of electronic communication.

Appears in 3 contracts

Samples: Limited Liability Company Agreement (New Fortress Energy LLC), Limited Liability Company Agreement (New Fortress Energy LLC), Limited Liability Company Agreement (New Fortress Energy LLC)

Addresses and Notices. Any notice, demand, request, report or proxy materials required or permitted to be given or made to a Member Partner or Assignee under this Agreement shall be in writing and shall be deemed given or made when delivered in person or when sent by first class United States mail or by other means of written communication (including electronic communication) to the Member Partner or Assignee at the address described below. Any notice, payment or report to be given or made to a Member Partner or Assignee hereunder shall be deemed conclusively to have been given or made, and the obligation to give such notice or report or to make such payment shall be deemed conclusively to have been fully satisfied, upon sending of such notice, payment or report to the Record Holder of such Shares Partnership Securities at his address as shown on the records of the Transfer Agent or delivered electronically as otherwise shown on the records of the Company (including on Exhibit A attached hereto)Partnership, regardless of any claim of any Person who may have an interest in such Shares Partnership Securities by reason of any assignment or otherwise. An affidavit or certificate of making of any notice, payment or report in accordance with the provisions of this Section 8.1 15.1 executed by the CompanyGeneral Partner, the Board or the Transfer Agent or the mailing organization shall be prima facie evidence of the giving or making of such notice, payment or report. If any notice, payment or report addressed to a Record Holder at the address of such Record Holder appearing on the books and records of the Transfer Agent or the Company Partnership is returned by the United States Postal Service marked to indicate that the United States Postal Service is unable to deliver it or is returned or there is a delivery failure through any electronic communicationit, such notice, payment or report and any subsequent notices, payments payments, and reports shall be deemed to have been duly given or made without further mailing (until such time as such Record Holder or another Person notifies the Transfer Agent or the Company Partnership of a change in his address or electronic address, as applicable) if they are available for the Member Partner or Assignee at the principal office of the Company Partnership for a period of one year from the date of the giving or making of such notice, payment or report to the other MembersPartners and Assignees. Any notice to the Company Partnership shall be deemed given if received by the Secretary General Partner at the principal office of the Company Partnership designated pursuant to the terms and conditions hereinSection 2.3. The Board and the Officers General Partner may rely and shall be protected in relying on any notice or other document from a Member Partner, Assignee or other Person if believed by it to be genuine.

Appears in 3 contracts

Samples: Agreement of Limited Partnership, Limited Partnership Agreement (Dorchester Minerals Lp), Combination Agreement (Dorchester Minerals Lp)

Addresses and Notices. Any notice, demand, request, request or report or proxy materials required or permitted to be given or made to a Member Partner or Assignee under this Agreement shall be in writing and shall be deemed given or made when delivered in person or when sent by first first-class United States mail or by other means of written communication (including electronic communication) to the Member Partner or Assignee at the address described below. Any notice, payment or report to be given or made to a Member Partner or Assignee hereunder shall be deemed conclusively to have been given or made, and the obligation to give such notice or report or to make such payment shall be deemed conclusively to have been fully satisfied, upon sending of such notice, payment or report to the Record Holder of such Shares LP Unit at his address as shown on the records of the Transfer Agent or delivered electronically as otherwise shown on the records of the Company (including on Exhibit A attached hereto)Partnership, regardless of any claim of any Person who may have an interest in such Shares Unit or the Partnership Interest of a General Partner by reason of any assignment or otherwise. An affidavit or certificate of making of any notice, payment or report in accordance with the provisions of this Section 8.1 18.1 executed by the CompanyGeneral Partner, the Board or the Transfer Agent or the mailing organization shall be prima facie evidence of the giving or making of such notice, payment or report. If any notice, payment or report addressed to a Record Holder at the address of such Record Holder appearing on the books and records of the Transfer Agent or the Company Partnership is returned by the United States Postal Service Post Office marked to indicate that the United States Postal Service is unable to deliver it or is returned or there is a delivery failure through any electronic communicationit, such notice, payment or report and any subsequent notices, payments and reports shall be deemed to have been duly given or made without further mailing (until such time as such Record Holder or another Person notifies the Transfer Agent or the Company Partnership of a change in his address or electronic address, as applicable) if they are available for the Member Partner or Assignee at the principal office of the Company Partnership for a period of one year from the date of the giving or making of such notice, payment or report to the other MembersPartners and Assignees. Any notice to the Company Partnership shall be deemed given if received by the Secretary General Partner at the principal office of the Company Partnership designated pursuant to the terms and conditions hereinSection 1.3. The Board and the Officers General Partner may rely and shall be protected in relying on any notice or other document from a Member Partner, Assignee or other Person if believed by it to be genuine.

Appears in 3 contracts

Samples: Limited Partnership Agreement (Teppco Partners Lp), Limited Partnership Agreement (Teppco Partners Lp), Limited Partnership Agreement (Teppco Partners Lp)

Addresses and Notices. Any notice, demand, request, report or proxy materials required or permitted to be given or made to a Member under this Agreement shall be in writing and shall be deemed given or made when delivered in person or when sent by first class United States mail, electronic mail or by other means of written communication (including electronic communication) to the Member at the address described below. Any notice, payment or report to be given or made to a Member hereunder shall be deemed conclusively to have been given or made, and the obligation to give such notice or report or to make such payment shall be deemed conclusively to have been fully satisfied, upon sending of such notice, payment or report to the Record Holder of such Shares Bits at his or her address (including email address) as shown on the records of the Transfer Agent or delivered electronically as otherwise shown on the records of the Company (including on Exhibit A attached heretoor the Transfer Agent, if any), regardless of any claim of any Person who may have an interest in such Shares Bits by reason of any assignment or otherwise. An affidavit or certificate of making of any notice, payment or report in accordance with the provisions of this Section 8.1 ‎Section 12.1 executed by the Company, the Board or the Transfer Agent (if any) or the mailing organization shall be prima facie evidence of the giving or making of such notice, payment or report. If any notice, payment or report addressed to a Record Holder at the address of such Record Holder appearing on the books and records of the Transfer Agent Company (or the Company Transfer Agent, if any) is returned by the United States Postal Service marked to indicate that the United States Postal Service is unable to deliver it it, or is returned or there by the email server with a message indicating that the email server is a delivery failure through any electronic communicationunable to deliver the email, such notice, payment or report and any subsequent notices, payments and reports shall be deemed to have been duly given or made without further mailing or emailing (until such time as such Record Holder or another Person notifies the Transfer Agent Company (or the Company Transfer Agent, if any) of a change in his address or electronic (including email address, as applicable)) if they are available for the Member at the principal office of the Company for a period of one year from the date of the giving or making of such notice, payment or report to the other Members. Any notice to the Company shall be deemed given if received by the Secretary Manager at the principal office of the Company designated pursuant to Section 2.3 or at the terms and conditions hereinCompany’s principal email address for Member communications, ixxxxxxxx@xxxxxxxxxxxx.xxx. The Board Manager and the Officers its officers may rely and shall be protected in relying on any notice or other document from a Member or other Person if believed by it to be genuine.

Appears in 3 contracts

Samples: Operating Agreement (Building Bits Properties I, LLC), Operating Agreement (Building Bits Properties I, LLC), Operating Agreement (Building Bits Properties I, LLC)

Addresses and Notices. Any Except as otherwise provided in Section 16.9 in relation to the Series A Preferred Units and Section 17.9 in relation to the Series B Preferred Units, any notice, demand, request, report or proxy materials required or permitted to be given or made to a Member Partner or Assignee under this Agreement shall be in writing and shall be deemed given or made when delivered in person or when sent by first class United States mail or by other means of written communication (including electronic communication) to the Member Partner or Assignee at the address described below. Any notice, payment or report to be given or made to a Member Partner or Assignee hereunder shall be deemed conclusively to have been given or made, and the obligation to give such notice or report or to make such payment shall be deemed conclusively to have been fully satisfied, upon sending of such notice, payment or report to the Record Holder of such Shares Partnership Securities at his address as shown on the records of the Transfer Agent or delivered electronically as otherwise shown on the records of the Company (including on Exhibit A attached hereto)Partnership, regardless of any claim of any Person who may have an interest in such Shares Partnership Securities by reason of any assignment or otherwise. An affidavit or certificate of making of any notice, payment or report in accordance with the provisions of this Section 8.1 18.1 executed by the CompanyGeneral Partner, the Board or the Transfer Agent or the mailing organization shall be prima facie evidence of the giving or making of such notice, payment or report. If any notice, payment or report addressed to a Record Holder at the address of such Record Holder appearing on the books and records of the Transfer Agent or the Company Partnership is returned by the United States Postal Service marked to indicate that the United States Postal Service is unable to deliver it or is returned or there is a delivery failure through any electronic communicationit, such notice, payment or report and any subsequent notices, payments and reports shall be deemed to have been duly given or made without further mailing (until such time as such Record Holder or another Person notifies the Transfer Agent or the Company Partnership of a change in his address or electronic address, as applicable) if they are available for the Member Partner or Assignee at the principal office of the Company Partnership for a period of one year from the date of the giving or making of such notice, payment or report to the other MembersPartners and Assignees. Any notice to the Company Partnership shall be deemed given if received by the Secretary General Partner at the principal office of the Company Partnership designated pursuant to the terms and conditions hereinSection 2.3. The Board and the Officers General Partner may rely and shall be protected in relying on any notice or other document from a Member Partner, Assignee or other Person if believed by it to be genuine.

Appears in 3 contracts

Samples: Agreement of Limited Partnership (Breitburn Energy Partners LP), Series B Preferred Unit Purchase Agreement (Breitburn Energy Partners LP), Series B Preferred Unit Purchase Agreement (Breitburn Energy Partners LP)

Addresses and Notices. Any notice, demand, request, report or proxy materials material required or permitted to be given or made to a Member or Assignee under this Agreement shall be in writing and shall be deemed given or made when delivered in person or when sent by first first-class United States mail or by other means of written communication (including electronic communication) to the Member or Assignee at the address described below. Any notice, payment or report to be given or made to a Member or Assignee hereunder shall be deemed conclusively to have been given or made, and the obligation to give such notice or report or to make such payment shall be deemed conclusively to have been fully satisfied, upon sending of such notice, payment or report to the Record Holder of such Shares at Unit as his address as shown on the records of the Transfer Agent or delivered electronically as otherwise shown on the records of the Company (including on Exhibit A attached hereto)Company, regardless of any claim of any Person who may have an interest in such Shares Unit by reason of any assignment or otherwise. An affidavit or certificate of making of any notice, payment or report in accordance with the provisions of this Section 8.1 17.1 executed by the CompanyPresident, the Board or the Transfer Agent or the mailing organization shall be prima facie evidence of the giving or making of such notice, payment or report. If any notice, payment or report addressed to a Record Holder at the address of such Record Holder appearing on the books and records of the Transfer Agent or the Company is returned by the United States Postal Service Post Office marked to indicate that the United States Postal Service is unable to deliver it or is returned or there is a delivery failure through any electronic communicationit, such notice, payment or report and any subsequent notices, payments and reports shall be deemed to have been duly given or made make without further mailing (until such time as such Record Holder or another Person notifies the Transfer Agent or the Company of a change in his address or electronic address, as applicable) if they are available for the Member or Assignee at the principal office of the Company for a period of one year from the date of the giving or making of such notice, payment or report to the other MembersMembers and Assignees. Any notice to the Company shall be deemed given if received by the Secretary Board of Directors at the principal office of the Company designated pursuant to the terms and conditions hereinSection 1.3. The Board and the Officers of Directors may rely and shall be protected in relying on any notice or other document from a Member Member, Assignee or other Person if believed by it to be genuine.

Appears in 3 contracts

Samples: Limited Liability Company Agreement (Eott Energy Finance Corp), Limited Liability Company Agreement (Eott Energy LLC), Limited Liability Company Agreement (Eott Energy LLC)

Addresses and Notices. Any notice, demand, request, report or proxy materials required or permitted to be given or made to a Member Partner or Assignee under this Agreement shall be in writing and shall be deemed given or made when delivered in person or when sent by first first-class United States mail or by other means of written communication (including electronic communication) to the Member Partner or Assignee at the address described below. Any notice, payment or report to be given or made to a Member Partner or Assignee hereunder shall be deemed conclusively to have been given or made, and the obligation to give such notice or report or to make such payment shall be deemed conclusively to have been fully satisfied, upon sending of such notice, payment or report to the Record Holder of such Shares Unit at his address as shown on the records of the Transfer Agent or delivered electronically as otherwise shown on the records of the Company (including on Exhibit A attached hereto)Partnership, regardless of any claim of any Person who may have an interest in such Shares Unit or the Partnership Interest of a General Partner by reason of any assignment or otherwise. An affidavit or certificate of making of any notice, payment or report in accordance with the provisions of this Section 8.1 18.1 executed by the CompanyGeneral Partner, the Board or the Transfer Agent or the mailing organization shall be prima facie evidence of the giving or making of such notice, payment or report. If any notice, payment or report addressed to a Record Holder at the address of such Record Holder appearing on the books and records of the Transfer Agent or the Company Partnership is returned by the United States Postal Service Post Office marked to indicate that the United States Postal Service is unable to deliver it or is returned or there is a delivery failure through any electronic communicationit, such notice, payment or report and any subsequent notices, payments and reports shall be deemed to have been duly given or made without further mailing (until such time as such Record Holder or another Person notifies the Transfer Agent or the Company Partnership of a change in his address or electronic address, as applicable) if they are available for the Member Partner or Assignee at the principal office of the Company Partnership for a period of one year from the date of the giving or making of such notice, payment or report to the other MembersPartners and Assignees. Any notice to the Company Partnership shall be deemed given if received by the Secretary General Partner at the principal office of the Company Partnership designated pursuant to the terms and conditions hereinSection 1.3. The Board and the Officers General Partner may rely and shall be protected in relying on any notice or other document from a Member Partner, Assignee or other Person if believed by it to be genuine.

Appears in 3 contracts

Samples: Limited Partnership Agreement (Kinder Morgan Management LLC), Limited Partnership Agreement (Kinder Morgan Energy Partners L P), Limited Partnership Agreement (Kinder Morgan Energy Partners L P)

Addresses and Notices. Any notice, demand, request, report report, or proxy materials required or permitted to be given or made to a Member under this Agreement shall be in writing and shall be deemed given or made when delivered in person or when sent by first class United States mail mail, or by other means of written communication (including electronic communication) to the Member at the address described below. Any notice, report, or payment or report to be given or made to a Member hereunder shall be deemed conclusively to have been given or made, and the obligation to give such notice or report or to make such payment shall be deemed conclusively to have been fully satisfied, upon sending of such notice, report, or payment or report to the Record Holder of such Shares at his such Record Holder’s address (including email address) as shown on the records of the Transfer Agent or delivered electronically as otherwise shown on the records of the Company (including on Exhibit A attached heretoor the Transfer Agent, if any), regardless of any claim of any Person who which may have an interest in such Shares by reason of any assignment or otherwise. An affidavit or certificate of making of any notice, report, or payment or report in accordance with the provisions of this Section 8.1 13.1 executed by the Company, the Board or the Transfer Agent (if any), or the mailing organization shall be prima facie evidence of the giving or making of such notice, payment report, or reportpayment. If any notice, report, or payment or report addressed to a Record Holder at the address of such Record Holder appearing on the books and records of the Transfer Agent Company (or the Company Transfer Agent, if any) is returned by the United States Postal Service marked to indicate that the United States Postal Service is unable to deliver it it, or is returned or there by the email server with a message indicating that the email server is a delivery failure through any electronic communicationunable to deliver the email, such notice, report, or payment or report and any subsequent notices, reports and payments and reports shall be deemed to have been duly given or made without further mailing or emailing (until such time as such Record Holder or another Person notifies the Transfer Agent Company (or the Company Transfer Agent, if any) of a change in his address or electronic (including email address, as applicable)) if they are available for the Member at the principal office of the Company for a period of one year from the date of the giving or making of such notice, report, or payment or report to the other Members. Any notice to the Company shall be deemed given if received by the Secretary Board at the principal office of the Company designated pursuant to Section 2.3 or at the terms and conditions hereinCompany’s principal email address for Member communications, xxxxxxxxxxx@xxxxxxxx.xxx. The Board and the Officers Directors may rely and shall be protected in relying on any notice or other document from a Member or other Person if believed by it the Directors to be genuine.

Appears in 3 contracts

Samples: Limited Liability Company Agreement (Fundrise Growth Tech Fund, LLC), Limited Liability Company Agreement (Fundrise Income Real Estate Fund, LLC), Limited Liability Company Agreement (Fundrise Income Real Estate Fund, LLC)

Addresses and Notices. Any notice, demand, request, report or proxy materials required or permitted to be given or made to a Member Partner under this Agreement shall be in writing and shall be deemed given or made when delivered in person or when sent by first class United States mail or by other means of written communication (including electronic communication) to the Member Partner at the address described below. Any notice, payment or report to be given or made to a Member Partner hereunder shall be deemed conclusively to have been given or made, and the obligation to give such notice or report or to make such payment shall be deemed conclusively to have been fully satisfied, upon sending of such notice, payment or report to the Record Holder of such Shares Partnership Securities at his address as shown on the records of the Transfer Agent or delivered electronically as otherwise shown on the records of the Company (including on Exhibit A attached hereto)Partnership, regardless of any claim of any Person who may have an interest in such Shares Partnership Securities by reason of any assignment or otherwise. An affidavit or certificate of making of any notice, payment or report in accordance with the provisions of this Section 8.1 16.1 executed by the CompanyGeneral Partner, the Board or the Transfer Agent or the mailing organization shall be prima facie evidence of the giving or making of such notice, payment or report. If any notice, payment or report addressed to a Record Holder at the address of such Record Holder appearing on the books and records of the Transfer Agent or the Company Partnership is returned by the United States Postal Service Post Office marked to indicate that the United States Postal Service is unable to deliver it or is returned or there is a delivery failure through any electronic communicationit, such notice, payment or report and any subsequent notices, payments and reports shall be deemed to have been duly given or made without further mailing (until such time as such Record Holder or another Person notifies the Transfer Agent or the Company Partnership of a change in his address or electronic address, as applicable) if they are available for the Member Partner at the principal office of the Company Partnership for a period of one year from the date of the giving or making of such notice, payment or report to the other MembersPartners. Any notice to the Company Partnership shall be deemed given if received by the Secretary General Partner at the principal office of the Company Partnership designated pursuant to the terms and conditions hereinSection 2.3. The Board and the Officers General Partner may rely and shall be protected in relying on any notice or other document from a Member Partner or other Person if believed by it to be genuine.

Appears in 3 contracts

Samples: Limited Partnership Agreement (Enterprise GP Holdings L.P.), Limited Partnership Agreement (Enterprise GP Holdings L.P.), Agreement of Limited Partnership (Duncan Energy Partners L.P.)

Addresses and Notices. Any notice, demand, request, report or proxy materials required or permitted to be given or made to a Member Partner or Assignee under this Agreement shall be in writing and shall be deemed given or made when delivered in person or when sent by first class United States mail or by other means of written communication (including electronic communication) to the Member Partner or Assignee at the address described below. Any notice, payment or report to be given or made to a Member Partner or Assignee hereunder shall be deemed conclusively to have been given or made, and the obligation to give such notice or report or to make such payment shall be deemed conclusively to have been fully satisfied, upon sending of such notice, payment or report to the Record Holder of such Shares Partnership Securities at his address as shown on the records of the Transfer Agent or delivered electronically as otherwise shown on the records of the Company (including on Exhibit A attached hereto)Partnership, regardless of any claim of any Person who may have an interest in such Shares Partnership Securities by reason of any assignment or otherwise. An affidavit or certificate of making of any notice, payment or report in accordance with the provisions of this Section 8.1 16.1 executed by the CompanyGeneral Partner, the Board or the Transfer Agent or the mailing organization shall be prima facie evidence of the giving or making of such notice, payment or report. If any notice, payment or report addressed to a Record Holder at the address of such Record Holder appearing on the books and records of the Transfer Agent or the Company Partnership is returned by the United States Postal Service marked to indicate that the United States Postal Service is unable to deliver it or is returned or there is a delivery failure through any electronic communicationit, such notice, payment or report and any subsequent notices, payments and reports shall be deemed to have been duly given or made without further mailing (until such time as such Record Holder or another Person notifies the Transfer Agent or the Company Partnership of a change in his address or electronic address, as applicable) if they are available for the Member Partner or Assignee at the principal office of the Company Partnership for a period of one year from the date of the giving or making of such notice, payment or report to the other MembersPartners and Assignees. Any notice to the Company Partnership shall be deemed given if received by the Secretary General Partner at the principal office of the Company Partnership designated pursuant to the terms and conditions hereinSection 2.3. The Board and the Officers General Partner may rely and shall be 84 protected in relying on any notice or other document from a Member Partner, Assignee or other Person if believed by it to be genuine.

Appears in 3 contracts

Samples: Limited Partnership Agreement (Rio Vista Energy Partners Lp), Limited Partnership Agreement (Rio Vista Energy Partners Lp), Limited Partnership Agreement (Rio Vista Energy Partners Lp)

Addresses and Notices. Any notice, demand, request, report or proxy materials required or permitted to be given or made to a Member under this Agreement shall be in writing and shall be deemed given or made when delivered in person or when sent by first class United States mail or by other means of written communication (including electronic communication) to the Member at the address described below. Any notice, payment or report to be given or made to a Member hereunder shall be deemed conclusively to have been given or made, and the obligation to give such notice or report or to make such payment shall be deemed conclusively to have been fully satisfied, upon sending of such notice, payment or report to the Record Holder of such Shares at his address as shown on the records of the Transfer Agent or delivered electronically as otherwise shown on the records of the Company (including on Exhibit A attached hereto)Company, regardless of any claim of any Person who may have an interest in such Shares by reason of any assignment or otherwise. An affidavit or certificate of making of any notice, payment or report in accordance with the provisions of this Section 8.1 13.1 executed by the Company, the Board or the Transfer Agent or the mailing organization shall be prima facie evidence of the giving or making of such notice, payment or report. If any notice, payment or report addressed to a Record Holder at the address of such Record Holder appearing on the books and records of the Transfer Agent or the Company is returned by the United States Postal Service marked to indicate that the United States Postal Service is unable to deliver it or is returned or there is a delivery failure through any electronic communicationit, such notice, payment or report and any subsequent notices, payments and reports shall be deemed to have been duly given or made without further mailing (until such time as such Record Holder or another Person notifies the Transfer Agent or the Company of a change in his address or electronic address, as applicable) if they are available for the Member at the principal office of the Company for a period of one year from the date of the giving or making of such notice, payment or report to the other Members. Any notice to the Company shall be deemed given if received by the Secretary at the principal office of the Company designated pursuant to the terms and conditions hereinSection 2.3. The Board of Directors and the Officers may rely and shall be protected in relying on any notice or other document from a Member or other Person if believed by it to be genuine.

Appears in 3 contracts

Samples: Limited Liability Company Agreement (Och-Ziff Capital Management Group LLC), Limited Liability Company Agreement (Och-Ziff Capital Management Group LLC), Limited Liability Company Agreement (Och Daniel)

Addresses and Notices. Any notice, demand, request, report or proxy materials required or permitted to be given or made to a Member Partner or Assignee under this Agreement shall be in writing and shall be deemed given or made when delivered in person or when sent by first class United States mail or by other means of written communication (including electronic communication) to the Member Partner or Assignee at the address described below. Any notice, payment or report to be given or made to a Member Partner or Assignee hereunder shall be deemed conclusively to have been given or made, and the obligation to give such notice or report or to make such payment shall be deemed conclusively to have been fully satisfied, upon sending of such notice, payment or report to the Record Holder of such Shares Partnership Securities at his address as shown on the records of the Transfer Agent or delivered electronically as otherwise shown on the records of the Company (including on Exhibit A attached hereto)Partnership, regardless of any claim of any Person who may have an interest in such Shares Partnership Securities by reason of any assignment or otherwise. An affidavit or certificate of making of any notice, payment or report in accordance with the provisions of this Section 8.1 16.1 executed by the CompanyGeneral Partner, the Board or the Transfer Agent or the mailing organization shall be prima facie evidence of the giving or making of such notice, payment or report. If any notice, payment or report addressed to a Record Holder at the address of such Record Holder appearing on the books and records of the Transfer Agent or the Company Partnership is returned by the United States Postal Service marked to indicate that the United States Postal Service is unable to deliver it or is returned or there is a delivery failure through any electronic communicationit, such notice, payment or report and any subsequent notices, payments and reports shall be deemed to have been duly given or made without further mailing (until such time as such Record Holder or another Person notifies the Transfer Agent or the Company Partnership of a change in his address or electronic address, as applicable) if they are available for the Member Partner or Assignee at the principal office of the Company Partnership for a period of one year from the date of the giving or making of such notice, payment or report to the other MembersPartners and Assignees. Any notice to the Company Partnership shall be deemed given if received by the Secretary General Partner at the principal office of the Company Partnership designated pursuant to the terms and conditions hereinSection 2.3. The Board and the Officers General Partner may rely and shall be protected in relying on any notice or other document from a Member Partner or Assignee or other Person if believed by it to be genuine.

Appears in 2 contracts

Samples: Merger Agreement (Energy Transfer Equity, L.P.), Merger Agreement (Southern Union Co)

Addresses and Notices. Any notice, demand, request, report or proxy materials required or permitted to be given or made to a Member Shareholder under this Agreement OPERATING AGREEMENT shall be in writing and shall be deemed given or made when delivered in person or when sent by first class United States mail, electronic mail or by other means of written communication (including electronic communication) to the Member Shareholder at the address described below. Any notice, payment or report to be given or made to a Member Shareholder hereunder shall be deemed conclusively to have been given or made, and the obligation to give such notice or report or to make such payment shall be deemed conclusively to have been fully satisfied, upon sending of such notice, payment or report to the Record Holder RECORD HOLDER of such Shares at his / her / its address (including email address) as shown on the records of the Transfer Agent COMPANY (or delivered electronically as otherwise shown on the records of the Company (including on Exhibit A attached heretoTRANSFER AGENT, if any), regardless of any claim of any Person who Person, or entity, which may have an interest in such Shares by reason of any assignment or otherwise. An affidavit or certificate of making of any notice, payment or report in accordance with the provisions of this Section 8.1 12.1 of this OPERATING AGREEMENT executed by the CompanyCOMPANY, the Board or the Transfer Agent TRANSFER AGENT (if any) or the mailing organization shall be prima facie evidence of the giving or making of such notice, payment or report. If any notice, payment or report addressed to a Record Holder RECORD HOLDER at the address of such Record Holder RECORD HOLDER appearing on the books and records of the Transfer Agent COMPANY (or the Company TRANSFER AGENT, if any) is returned by the United States Postal Service marked to indicate that the United States Postal Service is unable to deliver it it, or is returned or there by the email server with a message indicating that the email server is a delivery failure through any electronic communicationunable to deliver the email, such notice, payment or report and any subsequent notices, payments and reports shall be deemed to have been duly given or made without further mailing or emailing (until such time as such Record Holder RECORD HOLDER or another Person or entity notifies the Transfer Agent COMPANY (or the Company TRANSFER AGENT, if any) of a change in his / her / its address or electronic (including email address, as applicable)) if they are available for the Member Shareholder at the principal office of the Company COMPANY for a period of one year from the date of the giving or making of such notice, payment or report to the other MembersShareholders. Any notice to the Company COMPANY shall be deemed given if received by the Secretary MANAGING MEMBER or the BOARD OF DIRECTORS at the principal office of the Company COMPANY designated pursuant to Section 2.3 of this OPERATING AGREEMENT or at the terms and conditions hereinCompany's principal email address for Member communications, IX@XxxxxxxXxxxXxxxxxxxxxx.xxx. The Board MANAGING MEMBER or BOARD OF DIRECTORS and the Officers his/its officers may rely and shall be protected in relying on any notice or other document from a Member Shareholder or other Person person if believed by it to be genuine.

Appears in 2 contracts

Samples: Operating Agreement (Century West Multifamily Income Reit, LLC), Operating Agreement (Century West Multifamily Income Reit, LLC)

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Addresses and Notices. (a) Any notice, demand, request, report or proxy materials required or permitted to be given or made to a Member Partner under this Agreement shall be in writing and shall be deemed given or made when delivered in person or when sent by first class United States mail or by other means of written communication (including electronic communication) to the Member Partner at the address described below. Any notice, payment or report to be given or made to a Member Partner hereunder shall be deemed conclusively to have been given or made, and the obligation to give such notice or report or to make such payment shall be deemed conclusively to have been fully satisfied, upon sending of such notice, payment or report to the Record Holder of such Shares Partnership Interests at his address as shown on the records of the Transfer Agent or delivered electronically as otherwise shown on the records of the Company (including on Exhibit A attached hereto)Partnership, regardless of any claim of any Person who may have an interest in such Shares Partnership Interests by reason of any assignment or otherwise. Notwithstanding the foregoing, if (i) a Partner shall consent to receiving notices, demands, requests, reports or proxy materials via electronic mail or by the Internet or (ii) the rules of the Commission shall permit any report or proxy materials to be delivered electronically or made available via the Internet, any such notice, demand, request, report or proxy materials shall be deemed given or made when delivered or made available via such mode of delivery. An affidavit or certificate of making of any notice, payment or report in accordance with the provisions of this Section 8.1 16.1 executed by a member of the CompanyGeneral Partner, the Board or the Transfer Agent or the mailing organization shall be prima facie evidence of the giving or making of such notice, payment or report. If any notice, payment or report addressed to a Record Holder at the address of such Record Holder appearing on the books and records of the Transfer Agent or the Company Partnership is returned by the United States Postal Service marked to indicate that the United States Postal Service is unable to deliver it or is returned or there is a delivery failure through any electronic communicationit, such notice, payment or report and any subsequent notices, payments and reports shall be deemed to have been duly given or made without further mailing (until such time as such Record Holder or another Person notifies the Transfer Agent or the Company Partnership of a change in his address or electronic address, as applicable) if they are available for the Member Partner at the principal office of the Company Partnership for a period of one year from the date of the giving or making of such notice, payment or report to the other MembersPartners. Any notice to the Company Partnership shall be deemed given if received by the Secretary General Partner at the principal office of the Company Partnership designated pursuant to the terms and conditions hereinSection 2.3. The Board and the Officers General Partner may rely and shall be protected in relying on any notice or other document from a Member Partner or other Person if believed by it to be genuine. (b) The terms “in writing,” “written communications,” “written notice” and words of similar import shall be deemed satisfied under this Agreement by use of e-mail and other forms of electronic communication.

Appears in 2 contracts

Samples: Limited Partnership Agreement, Limited Partnership Agreement (VTTI Energy Partners LP)

Addresses and Notices. Any notice, demand, request, report or proxy materials required or permitted to be given or made to a Member Partner under this Agreement shall be in writing and shall be deemed given or made when delivered in person or when sent by first class United States mail or by other means of written communication (including electronic communication) to the Member Partner at the address described below. Any notice, payment or report to be given or made to a Member Partner hereunder shall be deemed conclusively to have been given or made, and the obligation to give such notice or report or to make such payment shall be deemed conclusively to have been fully satisfied, upon sending of such notice, payment or report to the Record Holder of such Shares Partnership Interest at his address as shown on the records of the Transfer Agent or delivered electronically as otherwise shown on the records of the Company (including on Exhibit A attached hereto)Partnership, regardless of any claim of any Person who may have an interest in such Shares Partnership Interest by reason of any assignment or otherwise. An affidavit or certificate of making of any notice, payment or report in accordance with the provisions of this Section 8.1 15.1 executed by the CompanyGeneral Partner, the Board or the Transfer Agent or the mailing organization shall be prima facie evidence of the giving or making of such notice, payment or report. If any notice, payment or report addressed to a Record Holder at the address of such Record Holder appearing on the books and records of the Transfer Agent or the Company Partnership is returned by the United States Postal Service marked to indicate that the United States Postal Service is unable to deliver it or is returned or there is a delivery failure through any electronic communicationit, such notice, payment or report and any subsequent notices, payments and reports shall be deemed to have been duly given or made without further mailing (until such time as such Record Holder or another Person notifies the Transfer Agent or the Company Partnership of a change in his address or electronic address, as applicable) if they are available for the Member Partner at the principal office of the Company Partnership for a period of one year from the date of the giving or making of such notice, payment or report to the other MembersPartners. Any notice to the Company Partnership shall be deemed given if received by the Secretary General Partner at the principal office of the Company Partnership designated pursuant to the terms and conditions hereinSection 2.3. The Board and the Officers General Partner may rely and shall be protected in relying on any notice or other document from a Member Partner or other Person if believed by it to be genuine.

Appears in 2 contracts

Samples: Limited Partnership Agreement (American Energy Capital Partners - Energy Recovery Program, Lp), Agreement of Limited Partnership (American Energy Capital Partners, LP)

Addresses and Notices. Any notice, demand, request, report or proxy materials required or permitted to be given or made to a Member under this Agreement shall be in writing and shall be deemed given or made when delivered in person or when sent by first class United States mail or by other means of written communication (including electronic communication) to the Member at the address described below. Any notice, payment or report to be given or made to a Member hereunder shall be deemed conclusively to have been given or made, and the obligation to give such notice or report or to make such payment shall be deemed conclusively to have been fully satisfied, upon sending of such notice, payment or report to the Record Holder of such Shares Company Securities at his address as shown on the records of the Transfer Agent or delivered electronically as otherwise shown on the records of the Company (including on Exhibit A attached hereto)Company, regardless of any claim of any Person who may have an interest in such Shares Company Securities by reason of any assignment or otherwise. An affidavit or certificate of making of any notice, payment or report in accordance with the provisions of this Section 8.1 14.1 executed by the Company, the Board or the Transfer Agent or the mailing organization shall be prima facie evidence of the giving or making of such notice, payment or report. If any notice, payment or report addressed to a Record Holder at the address of such Record Holder appearing on the books and records of the Transfer Agent or the Company is returned by the United States Postal Service marked to indicate that the United States Postal Service is unable to deliver it or is returned or there is a delivery failure through any electronic communicationit, such notice, payment or report and any subsequent notices, payments and reports shall be deemed to have been duly given or made without further mailing (until such time as such Record Holder or another Person notifies the Transfer Agent or the Company of a change in his address or electronic address, as applicable) if they are available for the Member at the principal office of the Company for a period of one year from the date of the giving or making of such notice, payment or report to the other Members. Any notice to the Company shall be deemed given if received by the Secretary at the principal office of the Company designated pursuant to the terms and conditions hereinSection 2.3. The Board of Managers and the Officers may rely and shall be protected in relying on any notice or other document from a Member or other Person if believed by it to be genuine.

Appears in 2 contracts

Samples: Operating Agreement, Operating Agreement (Constellation Energy Partners LLC)

Addresses and Notices. Any notice, demand, request, report or proxy materials required or permitted to be given or made to a Member under this Agreement shall be in writing and shall be deemed given or made when delivered in person or when sent by first class United States mail, electronic mail or by other means of written communication (including electronic communication) to the Member at the address described below. Any notice, payment or report to be given or made to a Member hereunder shall be deemed conclusively to have been given or made, and the obligation to give such notice or report or to make such payment shall be deemed conclusively to have been fully satisfied, upon sending of such notice, payment or report to the Record Holder of such Shares at his or her address (including email address) as shown on the records of the Transfer Agent or delivered electronically as otherwise shown on the records of the Company (including on Exhibit A attached heretoor the Transfer Agent, if any), regardless of any claim of any Person who may have an interest in such Shares by reason of any assignment or otherwise. An affidavit or certificate of making of any notice, payment or report in accordance with the provisions of this Section 8.1 ‎Section 12.1 executed by the Company, the Board or the Transfer Agent (if any) or the mailing organization shall be prima facie evidence of the giving or making of such notice, payment or report. If any notice, payment or report addressed to a Record Holder at the address of such Record Holder appearing on the books and records of the Transfer Agent Company (or the Company Transfer Agent, if any) is returned by the United States Postal Service marked to indicate that the United States Postal Service is unable to deliver it it, or is returned or there by the email server with a message indicating that the email server is a delivery failure through any electronic communicationunable to deliver the email, such notice, payment or report and any subsequent notices, payments and reports shall be deemed to have been duly given or made without further mailing or emailing (until such time as such Record Holder or another Person notifies the Transfer Agent Company (or the Company Transfer Agent, if any) of a change in his address or electronic (including email address, as applicable)) if they are available for the Member at the principal office of the Company for a period of one year from the date of the giving or making of such notice, payment or report to the other Members. Any notice to the Company shall be deemed given if received by the Secretary Manager at the principal office of the Company designated pursuant to Section 2.3 or at the terms and conditions hereinCompany’s principal email address for Member communications, xxxxx@xxxxxxx.xxx. The Board Manager and the Officers its officers may rely and shall be protected in relying on any notice or other document from a Member or other Person if believed by it to be genuine.

Appears in 2 contracts

Samples: Operating Agreement (Arrived Debt Fund, LLC), Operating Agreement (Arrived SFR Genesis Fund, LLC)

Addresses and Notices. Any notice, demand, request, report or proxy materials required or permitted to be given or made to a Member under this Agreement shall be in writing and shall be deemed given or made when delivered in person or when sent by first class United States mail, electronic mail or by other means of written communication (including electronic communication) to the Member at the address described below. Any notice, payment or report to be given or made to a Member hereunder shall be deemed conclusively to have been given or made, and the obligation to give such notice or report or to make such payment shall be deemed conclusively to have been fully satisfied, upon sending of such notice, payment or report to the Record Holder of such Shares Units at his or her address (including email address) as shown on the records of the Transfer Agent or delivered electronically as otherwise shown on the records of the Company (including on Exhibit A attached heretoor the Transfer Agent, if any), regardless of any claim of any Person who may have an interest in such Shares Units by reason of any assignment or otherwise. An affidavit or certificate of making of any notice, payment or report in accordance with the provisions of this Section 8.1 ‎Section 12.1 executed by the Company, the Board or the Transfer Agent (if any) or the mailing organization shall be prima facie evidence of the giving or making of such notice, payment or report. If any notice, payment or report addressed to a Record Holder at the address of such Record Holder appearing on the books and records of the Transfer Agent Company (or the Company Transfer Agent, if any) is returned by the United States Postal Service marked to indicate that the United States Postal Service is unable to deliver it it, or is returned or there by the email server with a message indicating that the email server is a delivery failure through any electronic communicationunable to deliver the email, such notice, payment or report and any subsequent notices, payments and reports shall be deemed to have been duly given or made without further mailing or emailing (until such time as such Record Holder or another Person notifies the Transfer Agent Company (or the Company Transfer Agent, if any) of a change in his address or electronic (including email address, as applicable)) if they are available for the Member at the principal office of the Company for a period of one year from the date of the giving or making of such notice, payment or report to the other Members. Any notice to the Company shall be deemed given if received by the Secretary Manager at the principal office of the Company designated pursuant to Section 2.3 or at the terms Company’s principal email address for Member communications ____________ .. The Manager and conditions herein. The Board and the Officers its officers may rely and shall be protected in relying on any notice or other document from a Member or other Person if believed by it to be genuine.

Appears in 2 contracts

Samples: Limited Liability Company Agreement (181 High Street LLC), Limited Liability Company Agreement (181 High Street LLC)

Addresses and Notices. Any notice, demand, request, report or proxy materials required or permitted to be given or made to a Member Limited Partner under this Agreement shall be in writing and shall be deemed given or made when delivered in person or when sent by first class United States mail or by other means of written communication (including electronic communication) to the Member Limited Partner at the address described below. Any notice, payment or report to be given or made to a Member Limited Partner hereunder shall be deemed conclusively to have been given or made, and the obligation to give such notice or report or to make such payment shall be deemed conclusively to have been fully satisfied, upon sending of such notice, payment or report to the Record Holder of such Shares Limited Partner at his the Limited Partner’s address as shown on the records of the Transfer Agent or delivered electronically as otherwise shown on the records of the Company (including on Exhibit A attached hereto), regardless of any claim of any Person who may have an interest in such Shares by reason of any assignment or otherwisePartnership. An affidavit or certificate of making of any notice, payment or report in accordance with the provisions of this Section 8.1 15.1 executed by the CompanyBoard, the Board or the Transfer Agent or the mailing organization shall be prima facie evidence of the giving or making of such notice, payment or report. If any notice, payment or report addressed to a Record Holder Limited Partner at the address of such Record Holder Limited Partner appearing on the books and records of the Transfer Agent or the Company Partnership is returned by the United States or Canadian Postal Service marked to indicate that the United States or Canadian Postal Service is unable to deliver it or is returned or there is a delivery failure through any electronic communicationit, such notice, payment or report and any subsequent notices, payments and reports shall be deemed to have been duly given or made without further mailing (until such time as such Record Holder or another Person Limited Partner notifies the Transfer Agent or the Company Partnership of a change in his address or electronic of address, as applicable) if they are available for the Member Limited Partner at the principal office of the Company Partnership for a period of one year from the date of the giving or making of such notice, payment or report to the other MembersLimited Partners. Any notice to the Company Partnership shall be deemed given if received by the Secretary Partnership at the principal office of the Company designated pursuant to the terms and conditions hereinPartnership. The Board and the Officers Partnership may rely and shall be protected in relying on any notice or other document from a Member Limited Partner or other Person if believed by it to be genuine.

Appears in 2 contracts

Samples: Limited Partnership Agreement (Kiewit Investment Fund LLLP), Limited Partnership Agreement (Kiewit Investment Fund LLLP)

Addresses and Notices. Any notice, demand, request, report or proxy materials required or permitted to be given or made to a Member Partner or Assignee under this Agreement shall be in writing and shall be deemed given or made when delivered in person or when sent by first class United States mail or by other means of written communication (including electronic communication) to the Member Partner or Assignee at the address described below. Any notice, payment or report to be given or made to a Member Partner or Assignee hereunder shall be deemed conclusively to have been given or made, and the obligation to give such notice or report or to make such payment shall be deemed conclusively to have been fully satisfied, upon sending of such notice, payment or report to the Record Holder of such Shares Partnership Securities at his address as shown on the records of the Transfer Agent or delivered electronically as otherwise shown on the records of the Company (including on Exhibit A attached hereto)Partnership, regardless of any claim 84 of any Person who may have an interest in such Shares Partnership Securities by reason of any assignment or otherwise. An affidavit or certificate of making of any notice, payment or report in accordance with the provisions of this Section 8.1 16.1 executed by the CompanyGeneral Partner, the Board or the Transfer Agent or the mailing organization shall be prima facie evidence of the giving or making of such notice, payment or report. If any notice, payment or report addressed to a Record Holder at the address of such Record Holder appearing on the books and records of the Transfer Agent or the Company Partnership is returned by the United States Postal Service marked to indicate that the United States Postal Service is unable to deliver it or is returned or there is a delivery failure through any electronic communicationit, such notice, payment or report and any subsequent notices, payments and reports shall be deemed to have been duly given or made without further mailing (until such time as such Record Holder or another Person notifies the Transfer Agent or the Company Partnership of a change in his address or electronic address, as applicable) if they are available for the Member Partner or Assignee at the principal office of the Company Partnership for a period of one year from the date of the giving or making of such notice, payment or report to the other MembersPartners and Assignees. Any notice to the Company Partnership shall be deemed given if received by the Secretary General Partner at the principal office of the Company Partnership designated pursuant to the terms and conditions hereinSection 2.3. The Board and the Officers General Partner may rely and shall be protected in relying on any notice or other document from a Member Partner, Assignee or other Person if believed by it to be genuine.

Appears in 2 contracts

Samples: Limited Partnership Agreement (Rio Vista Energy Partners Lp), Limited Partnership Agreement (Rio Vista Energy Partners Lp)

Addresses and Notices. Any notice, demand, request, report or proxy materials required or permitted to be given or made to a Member under this Agreement shall be in writing and shall be deemed given or made when delivered in person or when sent by first class United States mail, electronic mail or by other means of written communication (including electronic communication) to the Member at the address described below. Any notice, payment or report to be given or made to a Member hereunder shall be deemed conclusively to have been given or made, and the obligation to give such notice or report or to make such payment shall be deemed conclusively to have been fully satisfied, upon sending of such notice, payment or report to the Record Holder of such Shares Units at his or her address (including email address) as shown on the records of the Transfer Agent or delivered electronically as otherwise shown on the records of the Company (including on Exhibit A attached heretoor the Transfer Agent, if any), regardless of any claim of any Person who may have an interest in such Shares Units by reason of any assignment or otherwise. An affidavit or certificate of making of any notice, payment or report in accordance with the provisions of this Section 8.1 12.1 executed by the Company, the Board or the Transfer Agent (if any) or the mailing organization shall be prima facie evidence of the giving or making of such notice, payment or report. If any notice, payment or report addressed to a Record Holder at the address of such Record Holder appearing on the books and records of the Transfer Agent Company (or the Company Transfer Agent, if any) is returned by the United States Postal Service marked to indicate that the United States Postal Service is unable to deliver it it, or is returned or there by the email server with a message indicating that the email server is a delivery failure through any electronic communicationunable to deliver the email, such notice, payment or report and any subsequent notices, payments and reports shall be deemed to have been duly given or made without further mailing or emailing (until such time as such Record Holder or another Person notifies the Transfer Agent Company (or the Company Transfer Agent, if any) of a change in his address or electronic (including email address, as applicable)) if they are available for the Member at the principal office of the Company for a period of one year from the date of the giving or making of such notice, payment or report to the other Members. Any notice to the Company shall be deemed given if received by the Secretary Manager at the principal office of the Company designated pursuant to Section 2.3 or at the terms and conditions hereinCompany’s principal email address for Member communications, XxxxxxxxXxxxxxxxx@xxxxxxx.xxx. The Board Manager and the Officers its officers may rely and shall be protected in relying on any notice or other document from a Member or other Person if believed by it to be genuine.

Appears in 2 contracts

Samples: Limited Liability Company Agreement (Birgo Reiturn Fund LLC), Limited Liability Company Agreement (Birgo Reiturn Fund LLC)

Addresses and Notices. Any notice, demand, request, report or proxy materials required or permitted to be given or made to a Member Partner or Assignee under this Agreement shall be in writing and shall be deemed given or made when delivered in person or when sent by first class United States mail or by other means of written communication (including electronic communication) to the Member Partner or Assignee at the address described below. Any notice, payment or report to be given or made to a Member Partner or Assignee hereunder shall be deemed conclusively to have been given or made, and the obligation to give such notice or report or to make such payment shall be deemed conclusively to have been fully satisfied, upon sending of such notice, payment or report to the Record Holder of such Shares Partnership Securities at his address as shown on the records of the Transfer Agent or delivered electronically as otherwise shown on the records of the Company (including on Exhibit A attached hereto)Partnership, regardless of any claim of any Person who may have an interest in such Shares Partnership Securities by reason of any assignment or otherwise. An affidavit or certificate of making of any notice, payment or report in accordance with with‌ the provisions of this Section 8.1 16.1 executed by the CompanyGeneral Partner, the Board or the Transfer Agent or the mailing organization shall be prima facie evidence of the giving or making of such notice, payment or report. If any notice, payment or report addressed to a Record Holder at the address of such Record Holder appearing on the books and records of the Transfer Agent or the Company Partnership is returned by the United States Postal Service Post Office marked to indicate that the United States Postal Service is unable to deliver it or is returned or there is a delivery failure through any electronic communicationit, such notice, payment or report and any subsequent notices, payments and reports shall be deemed to have been duly given or made without further mailing (until such time as such Record Holder or another Person notifies the Transfer Agent or the Company Partnership of a change in his address or electronic address, as applicable) if they are available for the Member Partner or Assignee at the principal office of the Company Partnership for a period of one year from the date of the giving or making of such notice, payment or report to the other MembersPartners and Assignees. Any notice to the Company Partnership shall be deemed given if received by the Secretary General Partner at the principal office of the Company Partnership designated pursuant to the terms and conditions hereinSection 2.3. The Board and the Officers General Partner may rely and shall be protected in relying on any notice or other document from a Member Partner, Assignee or other Person if believed by it to be genuine.

Appears in 2 contracts

Samples: Limited Partnership Agreement, Limited Partnership Agreement

Addresses and Notices. (a) Any notice, demand, request, report or proxy materials required or permitted to be given or made to a Member Partner under this Agreement shall be in writing and shall be deemed given or made when delivered in person or when sent by first class United States mail or by other means of written communication (including electronic communication) to the Member Partner at the address described below. Any notice, payment or report to be given or made to a Member Partner hereunder shall be deemed conclusively to have been given or made, and the obligation to give such notice or report or to make such payment shall be deemed conclusively to have been fully satisfied, upon sending of such notice, payment or report to the Record Holder of such Shares Partnership Interests at his address as shown on the records of the Transfer Agent or delivered electronically as otherwise shown on the records of the Company (including on Exhibit A attached hereto)Partnership, regardless of any claim of any Person who may have an interest in such Shares Partnership Interests by reason of any assignment or otherwise. An affidavit or certificate of making of any notice, payment or report in accordance with the provisions of this Section 8.1 16.1 executed by a member of the CompanyBoard of Directors, the Board or General Partner, the Transfer Agent or the mailing organization shall be prima facie evidence of the giving or making of such notice, payment or report. If any notice, payment or report addressed to a Record Holder at the address of such Record Holder appearing on the books and records of the Transfer Agent or the Company Partnership is returned by the United States Postal Service marked to indicate that the United States Postal Service is unable to deliver it or is returned or there is a delivery failure through any electronic communicationit, such notice, payment or report and any subsequent notices, payments and reports shall be deemed to have been duly given or made without further mailing (until such time as such Record Holder or another Person notifies the Transfer Agent or the Company Partnership of a change in his address or electronic address, as applicable) if they are available for the Member Partner at the principal office of the Company Partnership for a period of one year from the date of the giving or making of such notice, payment or report to the other MembersPartners. Any notice to the Company Partnership shall be deemed given if received by the Secretary General Partner or the Board of Directors at the principal office of the Company Partnership designated pursuant to the terms and conditions hereinSection 2.3. The Board General Partner and the Officers Board of Directors may rely and shall be protected in relying on any notice or other document from a Member Partner or other Person if believed by it to be genuine. (b) The terms "in writing," "written communications," "written notice" and words of similar import shall be deemed satisfied under this Agreement by use of e-mail and other forms of electronic communication.

Appears in 2 contracts

Samples: Limited Partnership Agreement (FAREASTERN SHIPPING LTD), Limited Partnership Agreement (Dynagas LNG Partners LP)

Addresses and Notices. Any notice, demand, request, report or proxy materials required or permitted to be given or made to a Member under this Agreement shall be in writing and shall be deemed given or made when delivered in person or when sent by first class United States mail or by other means of written communication (including electronic communication) to the Member at the address described below. Any notice, payment or report to be given or made to a Member hereunder shall be deemed conclusively to have been given or made, and the obligation to give such notice or report or to make such payment shall be deemed conclusively to have been fully satisfied, upon sending of such notice, payment or report to the Record Holder of such Shares at his address as shown on the records of the Transfer Agent or delivered electronically as otherwise shown on the records of the Company (including on Exhibit A attached hereto)Company, regardless of any claim of any Person who may have an interest in such Shares by reason of any assignment or otherwise. An affidavit or certificate of making of any notice, payment or report in accordance with the provisions of this Section 8.1 12.1 executed by the Company, the Board or the Transfer Agent or the mailing organization shall be prima facie evidence of the giving or making of such notice, payment or report. If any notice, payment or report addressed to a Record Holder at the address of such Record Holder appearing on the books and records of the Transfer Agent or the Company is returned by the United States Postal Service marked to indicate that the United States Postal Service is unable to deliver it or is returned or there is a delivery failure through any electronic communicationit, such notice, payment or report and any subsequent notices, payments and reports shall be deemed to have been duly given or made without further mailing (until such time as such Record Holder or another Person notifies the Transfer Agent or the Company of a change in his address or electronic address, as applicable) if they are available for the Member at the principal office of the Company for a period of one year from the date of the giving or making of such notice, payment or report to the other Members. Any notice to the Company (including any Series) shall be deemed given if received by the Secretary at the principal office of the Company designated pursuant to the terms and conditions hereinSection 2.3. The Board of Directors and the Officers may rely and shall be protected in relying on any notice or other document from a Member or other Person if believed by it to be genuine.

Appears in 2 contracts

Samples: Limited Liability Company Agreement (ETRE Residential, LLC), Limited Liability Company Agreement (Etre Reit, LLC)

Addresses and Notices. Any notice, demand, request, report or proxy materials required or permitted to be given or made to a Member under this Agreement shall be in writing and shall be deemed given or made when delivered in person or when sent by first class United States mail or by other means of written communication (including electronic communication) to the Member at the address described below. Any notice, payment or report to be given or made to a Member hereunder shall be deemed conclusively to have been given or made, and the obligation to give such notice or report or to make such payment shall be deemed conclusively to have been fully satisfied, upon sending of such notice, payment or report to the Record Holder of such Shares at his address as shown on the records of the Transfer Agent or delivered electronically as otherwise shown on the records of the Company (including on Exhibit A attached hereto), regardless of any claim of any Person who may have an interest in such Shares by reason of any assignment or otherwise. An affidavit or certificate of making of any notice, payment or report in accordance with the provisions of this Section 8.1 executed by the Company, the Board Manager or the Transfer Agent or the mailing organization shall be prima facie evidence of the giving or making of such notice, payment or report. If any notice, payment or report addressed to a Record Holder at the address of such Record Holder appearing on the books and records of the Transfer Agent or the Company is returned by the United States Postal Service marked to indicate that the United States Postal Service is unable to deliver it or is returned or there is a delivery failure through any electronic communicationit, such notice, payment or report and any subsequent notices, payments and reports shall be deemed to have been duly given or made without further mailing (until such time as such Record Holder or another Person notifies the Transfer Agent or the Company of a change in his address or electronic address, as applicable) if they are available for the Member at the principal office of the Company for a period of one year from the date of the giving or making of such notice, payment or report to the other Members. Any notice to the Company shall be deemed given if received by the Secretary at the principal office of the Company designated pursuant to the terms and conditions herein. The Board Manager and the Officers may rely and shall be protected in relying on any notice or other document from a Member or other Person if believed by it to be genuine.

Appears in 2 contracts

Samples: Limited Liability Company Operating Agreement (Masterworks 001, LLC), Limited Liability Company Operating Agreement (Masterworks 001, LLC)

Addresses and Notices. Any Except as otherwise provided in Section 16.9 in relation to the Series A Preferred Units, any notice, demand, request, report or proxy materials required or permitted to be given or made to a Member Partner or Assignee under this Agreement shall be in writing and shall be deemed given or made when delivered in person or when sent by first class United States mail or by other means of written communication (including electronic communication) to the Member Partner or Assignee at the address described below. Any notice, payment or report to be given or made to a Member Partner or Assignee hereunder shall be deemed conclusively to have been given or made, and the obligation to give such notice or report or to make such payment shall be deemed conclusively to have been fully satisfied, upon sending of such notice, payment or report to the Record Holder of such Shares Partnership Securities at his address as shown on the records of the Transfer Agent or delivered electronically as otherwise shown on the records of the Company (including on Exhibit A attached hereto)Partnership, regardless of any claim of any Person who may have an interest in such Shares Partnership Securities by reason of any assignment or otherwise. An affidavit or certificate of making of any notice, payment or report in accordance with the provisions of this Section 8.1 17.1 executed by the CompanyGeneral Partner, the Board or the Transfer Agent or the mailing organization shall be prima facie evidence of the giving or making of such notice, payment or report. If any notice, payment or report addressed to a Record Holder at the address of such Record Holder appearing on the books and records of the Transfer Agent or the Company Partnership is returned by the United States Postal Service marked to indicate that the United States Postal Service is unable to deliver it or is returned or there is a delivery failure through any electronic communicationit, such notice, payment or report and any subsequent notices, payments and reports shall be deemed to have been duly given or made without further mailing (until such time as such Record Holder or another Person notifies the Transfer Agent or the Company Partnership of a change in his address or electronic address, as applicable) if they are available for the Member Partner or Assignee at the principal office of the Company Partnership for a period of one year from the date of the giving or making of such notice, payment or report to the other MembersPartners and Assignees. Any notice to the Company Partnership shall be deemed given if received by the Secretary General Partner at the principal office of the Company Partnership designated pursuant to the terms and conditions hereinSection 2.3. The Board and the Officers General Partner may rely and shall be protected in relying on any notice or other document from a Member Partner, Assignee or other Person if believed by it to be genuine.

Appears in 2 contracts

Samples: Limited Partnership Agreement (NuStar Energy L.P.), Limited Partnership Agreement (BreitBurn Energy Partners L.P.)

Addresses and Notices. (a) Any notice, demand, request, report or proxy materials required or permitted to be given or made to a Member under this Agreement shall be in writing and shall be deemed given or made when delivered in person or when sent by first class United States mail or by other means of written communication (including electronic communication) to the Member at the address described below. Any notice, payment or report to be given or made to a Member hereunder shall be deemed conclusively to have been given or made, and the obligation to give such notice or report or to make such payment shall be deemed conclusively to have been fully satisfied, upon sending of such notice, payment or report to the Record Holder of such Shares at his address as shown on the records of the Transfer Agent or delivered electronically as otherwise shown on the records of the Company (including on Exhibit A attached hereto)Company, regardless of any claim of any Person who may have an interest in such Shares by reason of any assignment or otherwise. Notwithstanding the foregoing, if (i) a Member shall consent to receiving notices, demands, requests, reports or proxy materials via electronic mail or by the Internet or (ii) the rules of the Commission shall permit any report or proxy materials to be delivered electronically or made available via the Internet, any such notice, demand, request, report or proxy materials shall be deemed given or made when delivered or made available via such mode of delivery. An affidavit or certificate of making of any notice, payment or report in accordance with the provisions of this Section 8.1 15.1 executed by the Company, the Board or the Transfer Agent or the mailing organization shall be prima facie evidence of the giving or making of such notice, payment or report. If any notice, payment or report addressed given or made in accordance with the provisions of this Section 15.1 is returned marked to a Record Holder at indicate that such notice, payment or report was unable to be delivered, such notice, payment or report and, in the address case of such Record Holder appearing on the books and records of the Transfer Agent notices, payments or the Company is reports returned by the United States Postal Service marked to indicate that (or other physical mail delivery service outside the United States Postal Service is unable to deliver it or is returned or there is a delivery failure through any electronic communication, such notice, payment or report of America) and any subsequent notices, payments and reports shall be deemed to have been duly given or made without further mailing (until such time as such Record Holder or another Person notifies the Transfer Agent or the Company of a change in his address address) or electronic address, as applicable) other delivery if they are available for the Member at the principal office of the Company for a period of one year from the date of the giving or making of such notice, payment or report to the other Members. Delivery of one copy of any notice, demand, request, report or proxy materials to all Record Holders having the same address shall constitute sufficient notice to all such Members under this Agreement if such method of delivery would be permitted by the DGCL to stockholders of a Delaware corporation and if permitted by the rules of the Commission. Written notice from any Record Holder to the Company shall, unless otherwise required by law, be given by hand or registered U.S. mail, postage prepaid, return receipt requested, or courier services, charges prepaid to, and received by, the Secretary of the Company at the principal executive offices of the Company. Any notice to the Company shall be deemed given if received by the Secretary at the principal office of the Company designated pursuant to the terms and conditions hereinSection 2.4. The Board of Directors and the Officers may rely and shall be protected in relying on any notice or other document from a Member or other Person if believed by it to be genuine. (b) The terms “in writing,” “written communications,” “written notice” and words of similar import shall be deemed satisfied under this Agreement by use of e-mail and other forms of electronic communication.

Appears in 2 contracts

Samples: Limited Liability Company Agreement (LandBridge Co LLC), Limited Liability Company Agreement (LandBridge Co LLC)

Addresses and Notices. Any notice, demand, request, report or proxy materials required or permitted to be given or made to a Member Partner or Assignee under this Agreement shall be in writing and shall be deemed given or made when delivered in person or when sent by first class United States mail or by other means of written communication (including electronic communication) to the Member Partner or Assignee at the address described below. Any notice, payment or report to be given or made to a Member Partner or Assignee hereunder shall be deemed conclusively to have been given or made, and the obligation to give such notice or report or to make such payment shall be deemed conclusively to have been fully satisfied, upon sending of such notice, payment or report to the Record Holder of such Shares Partnership Security at his address as shown on the records of the Transfer Agent or delivered electronically as otherwise shown on the records of the Company (including on Exhibit A attached hereto)Partnership, regardless of any claim of any Person who may have an interest in such Shares Partnership Security by reason of any assignment or otherwise. An affidavit or certificate of making of any notice, payment or report in accordance with the provisions of this Section 8.1 ‎16.1 executed by the CompanyGeneral Partner, the Board or the Transfer Agent or the mailing organization shall be prima facie evidence of the giving or making of such notice, payment or report. If any notice, payment or report addressed to a Record Holder at the address of such Record Holder appearing on the books and records of the Transfer Agent or the Company Partnership is returned by the United States Postal Service Post Office marked to indicate that the United States Postal Service is unable to deliver it or is returned or there is a delivery failure through any electronic communicationit, such notice, payment or report and any subsequent notices, payments and reports shall be deemed to have been duly given or made without further mailing (until such time as such Record Holder or another Person notifies the Transfer Agent or the Company Partnership of a change in his address or electronic address, as applicable) if they are available for the Member Partner or Assignee at the principal office of the Company Partnership for a period of one year from the date of the giving or making of such notice, payment or report to the other MembersPartners and Assignees. Any notice to the Company Partnership shall be deemed given if received by the Secretary General Partner at the principal office of the Company Partnership designated pursuant to the terms and conditions hereinSection ‎2.3. The Board and the Officers General Partner may rely and shall be protected in relying on any notice or other document from a Member Partner, Assignee or other Person if believed by it to be genuine.

Appears in 2 contracts

Samples: Limited Partnership Agreement, Limited Partnership Agreement (Genesis Energy Lp)

Addresses and Notices. Any notice, demand, request, report or proxy materials required or permitted to be given or made to a Member Partner under this Agreement shall be in writing and shall be deemed given or made when delivered in person or when sent by first class United States mail or by other means of written communication (including electronic communication) to the Member Partner at the address described below. Any notice, payment or report to be given or made to a Member Partner hereunder shall be deemed conclusively to have been given or made, and the obligation to give such notice or report or to make such payment shall be deemed conclusively to have been fully satisfied, upon sending of such notice, payment or report to the Record Holder of such Shares Partnership Interests at his such Record Holder’s address as shown on the records of the Transfer Agent or delivered electronically as otherwise shown on the records of the Company (including on Exhibit A attached hereto)Partnership, regardless of any claim of any Person who may have an interest in such Shares Partnership Interests by reason of any assignment or otherwise. Notwithstanding the foregoing, if (i) a Partner shall consent to receiving notices, demands, requests, reports or proxy materials via electronic mail or by the Internet or (ii) the rules of the Commission shall permit any report or proxy materials to be delivered electronically or made available via the Internet, any such notice, demand, request, report or proxy materials shall be deemed given or made when delivered or made available via such mode of delivery. An affidavit or certificate of making of any notice, payment or report in accordance with the provisions of this Section 8.1 16.1 executed by the CompanyManaging General Partner, the Board or the Transfer Agent or the mailing organization shall be prima facie evidence of the giving or making of such notice, payment or report. If any notice, payment or report addressed given or made in accordance with the provisions of this Section 16.1 is returned marked to a Record Holder at indicate that such notice, payment or report was unable to be delivered, such notice, payment or report and, in the address case of such Record Holder appearing on the books and records of the Transfer Agent notices, payments or the Company is reports returned by the United States Postal Service marked to indicate that (or other physical mail delivery mail service outside the United States Postal Service is unable to deliver it or is returned or there is a delivery failure through any electronic communicationof America), such notice, payment or report and any subsequent notices, payments and reports shall be deemed to have been duly given or made without further mailing (until such time as such Record Holder or another Person notifies the Transfer Agent or the Company Partnership of a change in his the address of such Record Holder) or electronic address, as applicable) other delivery if they are available for the Member Partner at the principal office of the Company Partnership for a period of one year from the date of the giving or making of such notice, payment or report to the other MembersPartners. Any notice to the Company Partnership shall be deemed given if received by the Secretary Managing General Partner at the principal office of the Company Partnership designated pursuant to the terms and conditions hereinSection 2.3. The Board and the Officers Managing General Partner may rely and shall be protected in relying on any notice or other document from a Member Partner or other Person if believed by it to be genuine.

Appears in 2 contracts

Samples: Limited Partnership Agreement (CVR Energy Inc), Agreement of Limited Partnership (CVR Energy Inc)

Addresses and Notices. Any notice, demand, request, report or proxy materials required or permitted to be given or made to a Member under this Agreement shall be in writing and shall be deemed given or made when delivered in person or when sent by first class United States mail or by other means of written communication (including electronic communication) to the Member at the address described below. Any notice, payment or report to be given or made to a Member hereunder shall be deemed conclusively to have been given or made, and the obligation to give such notice or report or to make such payment shall be deemed conclusively to have been fully satisfied, upon sending of such notice, payment or report to the Record Holder of such Shares at his address as shown on the records of the Transfer Agent or delivered electronically as otherwise shown on the records of the Company (including on Exhibit A attached hereto)Company, regardless of any claim of any Person who may have an interest in such Shares by reason of any assignment or otherwise. An affidavit or certificate of making of any notice, payment or report in accordance with the provisions of this Section 8.1 14.1 executed by the Company, the Board or the Transfer Agent or the mailing organization shall be prima facie evidence of the giving or making of such notice, payment or report. If any notice, payment or report addressed to a Record Holder at the address of such Record Holder appearing on the books and records of the Transfer Agent or the Company is returned by the United States Postal Service marked to indicate that the United States Postal Service is unable to deliver it or is returned or there is a delivery failure through any electronic communicationit, such notice, payment or report and any subsequent notices, payments and reports shall be deemed to have been duly given or made without further mailing (until such time as such Record Holder or another Person notifies the Transfer Agent or the Company of a change in his address or electronic address, as applicable) if they are available for the Member at the principal office of the Company for a period of one year from the date of the giving or making of such notice, payment or report to the other Members. Any notice to the Company shall be deemed given if received by the Secretary at the principal office of the Company designated pursuant to the terms and conditions hereinSection 2.4. The Board and the Officers Manager may rely and shall be protected in relying on any notice or other document from a Member or other Person if believed by it to be genuine.

Appears in 2 contracts

Samples: Limited Liability Company Agreement (Apollo Global Management LLC), Limited Liability Company Agreement (Apollo Global Management LLC)

Addresses and Notices. Any notice, demand, request, report or proxy materials required or permitted to be given or made to a Member under this Agreement shall be in writing and shall be deemed given or made when delivered in person or when sent by first class United States mail, electronic mail or by other means of written communication (including electronic communication) to the Member at the address described below. Any notice, payment or report to be given or made to a Member hereunder shall be deemed conclusively to have been given or made, and the obligation to give such notice or report or to make such payment shall be deemed conclusively to have been fully satisfied, upon sending of such notice, payment or report to the Record Holder of such Shares at his or her address (including email address) as shown on the records of the Transfer Agent or delivered electronically as otherwise shown on the records of the Company (including on Exhibit A attached heretoor the Transfer Agent, if any), regardless of any claim of any Person who may have an interest in such Shares by reason of any assignment or otherwise. An affidavit or certificate of making of any notice, payment or report in accordance with the provisions of this Section 8.1 ‎Section 12.1 executed by the Company, the Board or the Transfer Agent (if any) or the mailing organization shall be prima facie evidence of the giving or making of such notice, payment or report. If any notice, payment or report addressed to a Record Holder at the address of such Record Holder appearing on the books and records of the Transfer Agent Company (or the Company Transfer Agent, if any) is returned by the United States Postal Service marked to indicate that the United States Postal Service is unable to deliver it it, or is returned or there by the email server with a message indicating that the email server is a delivery failure through any electronic communicationunable to deliver the email, such notice, payment or report and any subsequent notices, payments and reports shall be deemed to have been duly given or made without further mailing or emailing (until such time as such Record Holder or another Person notifies the Transfer Agent Company (or the Company Transfer Agent, if any) of a change in his address or electronic (including email address, as applicable)) if they are available for the Member at the principal office of the Company for a period of one year from the date of the giving or making of such notice, payment or report to the other Members. Any notice to the Company shall be deemed given if received by the Secretary Manager at the principal office of the Company designated pursuant to Section 2.3 or at the terms and conditions hereinCompany’s principal email address for Member communications, ixxx@xxxxxxxxx.xxx. The Board Manager and the Officers its officers may rely and shall be protected in relying on any notice or other document from a Member or other Person if believed by it to be genuine.

Appears in 2 contracts

Samples: Operating Agreement (Platform Ventures Diversified Housing REIT, LLC), Operating Agreement (Platform Ventures Diversified Housing REIT, LLC)

Addresses and Notices. Any notice, demand, request, report or proxy materials required or permitted to be given or made to a Member Partner under this Agreement shall be in writing and shall be deemed given or made when delivered in person or when sent by first class United States mail or by other means of written communication (including electronic communication) to the Member Partner at the address described below. Any notice, payment or report to be given or made to a Member Partner hereunder shall be deemed conclusively to have been given or made, and the obligation to give such notice or report or to make such payment shall be deemed conclusively to have been fully satisfied, upon sending of such notice, payment or report to the Record Holder of such Shares Partnership Securities at his address as shown on the records of the Transfer Agent or delivered electronically as otherwise shown on the records of the Company (including on Exhibit A attached hereto)Partnership, regardless of any claim of any Person who may have an interest in such Shares Partnership Securities by reason of any assignment or otherwise. An affidavit or certificate of making of any notice, payment or report in accordance with the provisions of this Section 8.1 15.1 executed by the CompanyGeneral Partner, the Board or the Transfer Agent or the mailing organization shall be prima facie evidence of the giving or making of such notice, payment or report. If any notice, payment or report addressed to a Record Holder at the address of such Record Holder appearing on the books and records of the Transfer Agent or the Company Partnership is returned by the United States Postal Service marked to indicate that the United States Postal Service is unable to deliver it or is returned or there is a delivery failure through any electronic communicationit, such notice, payment or report and any subsequent notices, payments and reports shall be deemed to have been duly given or made without further mailing (until such time as such Record Holder or another Person notifies the Transfer Agent or the Company Partnership of a change in his address or electronic address, as applicable) if they are available for the Member Partner at the principal office of the Company Partnership for a period of one year from the date of the giving or making of such notice, payment or report to the other MembersPartners. Any notice to the Company Partnership shall be deemed given if received by the Secretary General Partner at the principal office of the Company Partnership designated pursuant to the terms and conditions hereinSection 2.3. The Board and the Officers General Partner may rely on and shall be protected in relying on any notice or other document from a Member Partner or other Person if believed by it to be genuine.

Appears in 2 contracts

Samples: Limited Partnership Agreement (Atlas Energy, L.P.), Agreement of Limited Partnership (Atlas Pipeline Holdings, L.P.)

Addresses and Notices. Any notice, demand, request, report or proxy materials required or permitted to be given or made to a Member under this Agreement shall be in writing and shall be deemed given or made when delivered in person or when sent by first class United States mail, electronic mail or by other means of written communication (including electronic communication) to the Member at the address described below. Any notice, payment or report to be given or made to a Member hereunder shall be deemed conclusively to have been given or made, and the obligation to give such notice or report or to make such payment shall be deemed conclusively to have been fully satisfied, upon sending of such notice, payment or report to the Record Holder of such Shares at his or her address (including email address) as shown on the records of the Transfer Agent or delivered electronically as otherwise shown on the records of the Company (including on Exhibit A attached heretoor the Transfer Agent, if any), regardless of any claim of any Person who may have an interest in such Shares by reason of any assignment or otherwise. An affidavit or certificate of making of any notice, payment or report in accordance with the provisions of this Section 8.1 12.1 executed by the Company, the Board or the Transfer Agent (if any) or the mailing organization shall be prima facie evidence of the giving or making of such notice, payment or report. If any notice, payment or report addressed to a Record Holder at the address of such Record Holder appearing on the books and records of the Transfer Agent Company (or the Company Transfer Agent, if any) is returned by the United States Postal Service marked to indicate that the United States Postal Service is unable to deliver it it, or is returned or there by the email server with a message indicating that the email server is a delivery failure through any electronic communicationunable to deliver the email, such notice, payment or report and any subsequent notices, payments and reports shall be deemed to have been duly given or made without further mailing or emailing (until such time as such Record Holder or another Person notifies the Transfer Agent Company (or the Company Transfer Agent, if any) of a change in his address or electronic (including email address, as applicable)) if they are available for the Member at the principal office of the Company for a period of one year from the date of the giving or making of such notice, payment or report to the other Members. Any notice to the Company shall be deemed given if received by the Secretary Manager at the principal office of the Company designated pursuant to Section 2.3 or at the terms and conditions hereinCompany’s principal email address for Member communications, IX@xxxxxxxxxxxxxxxxxxx.xxx. The Board Manager and the Officers its officers may rely and shall be protected in relying on any notice or other document from a Member or other Person if believed by it to be genuine.

Appears in 2 contracts

Samples: Operating Agreement (NY Residential REIT, LLC), Operating Agreement (NY Residential REIT, LLC)

Addresses and Notices. (a) Any notice, demand, request, report or proxy materials required or permitted to be given or made to a Member Partner under this Agreement shall be in writing and shall be deemed given or made when delivered in person or when sent by first class United States mail or by other means of written communication (including electronic communication) to the Member Partner at the address described below. Any notice, payment or report to be given or made to a Member Partner hereunder shall be deemed conclusively to have been given or made, and the obligation to give such notice or report or to make such payment shall be deemed conclusively to have been fully satisfied, upon sending of such notice, payment or report to the Record Holder of such Shares Partnership Interests at his address as shown on the records of the Transfer Agent or delivered electronically as otherwise shown on the records of the Company (including on Exhibit A attached hereto)Partnership, regardless of any claim of any Person who may have an interest in such Shares Partnership Interests by reason of any assignment or otherwise. Notwithstanding the foregoing, if (i) a Partner shall consent to receiving notices, demands, requests, reports or proxy materials via electronic mail or by the Internet or (ii) the rules of the Commission shall permit any report or proxy materials to be delivered electronically or made available via the Internet, any such notice, demand, request, report or proxy materials shall be deemed given or made when delivered or made available via such mode of delivery. An affidavit or certificate of making of any notice, payment or report in accordance with the provisions of this Section 8.1 17.1 executed by a member of the CompanyBoard of Directors, the Board or General Partner, the Transfer Agent or the mailing organization shall be prima facie evidence of the giving or making of such notice, payment or report. If any notice, payment or report addressed to a Record Holder at the address of such Record Holder appearing on the books and records of the Transfer Agent or the Company Partnership is returned by the United States Postal Service marked to indicate that the United States Postal Service is unable to deliver it or is returned or there is a delivery failure through any electronic communicationit, such notice, payment or report and any subsequent notices, payments and reports shall be deemed to have been duly given or made without further mailing (until such time as such Record Holder or another Person notifies the Transfer Agent or the Company Partnership of a change in his address or electronic address, as applicable) if they are available for the Member Partner at the principal office of the Company Partnership for a period of one year from the date of the giving or making of such notice, payment or report to the other MembersPartners. Any notice to the Company Partnership shall be deemed given if received by the Secretary General Partner or the Board of Directors at the principal office of the Company Partnership designated pursuant to the terms and conditions hereinSection 2.3. The Board General Partner and the Officers Board of Directors may rely and shall be protected in relying on any notice or other document from a Member Partner or other Person if believed by it to be genuine. (b) The terms “in writing,” “written communications,” “written notice” and words of similar import shall be deemed satisfied under this Agreement by use of e-mail and other forms of electronic communication.

Appears in 2 contracts

Samples: Limited Partnership Agreement, Limited Partnership Agreement (Hoegh LNG Partners LP)

Addresses and Notices. Any notice, demand, request, report or proxy materials required or permitted to be given or made to a Member Partner under this Agreement shall be in writing and shall be deemed given or made when delivered in person or when sent by first class United States mail or by other means of written communication (including electronic communication) to the Member Partner at the address described below. Any notice, payment or report to be given or made to a Member Partner hereunder shall be deemed conclusively to have been given or made, and the obligation to give such notice or report or to make such payment shall be deemed conclusively to have been fully satisfied, upon sending of such notice, payment or report to the Record Holder of such Shares Partnership Securities at his address as shown on the records of the Transfer Agent or delivered electronically as otherwise shown on the records of the Company (including on Exhibit A attached hereto)Partnership, regardless of any claim of any Person who may have an interest in such Shares Partnership Securities by reason of any assignment or otherwise. An affidavit or certificate of making of any notice, payment or report in accordance with the provisions of this Section 8.1 16.1 executed by a member of the CompanyBoard of Directors, the Board or General Partner, the Transfer Agent or the mailing organization shall be prima facie evidence of the giving or making of such notice, payment or report. If any notice, payment or report addressed to a Record Holder at the address of such Record Holder appearing on the books and records of the Transfer Agent or the Company Partnership is returned by the United States Postal Service marked to indicate that the United States Postal Service is unable to deliver it or is returned or there is a delivery failure through any electronic communicationit, such notice, payment or report and any subsequent notices, payments and reports shall be deemed to have been duly given or made without further mailing (until such time as such Record Holder or another Person notifies the Transfer Agent or the Company Partnership of a change in his address or electronic address, as applicable) if they are available for the Member Partner at the principal office of the Company Partnership for a period of one year from the date of the giving or making of such notice, payment or report to the other MembersPartners. Any notice to the Company Partnership shall be deemed given if received by the Secretary General Partner or the Board of Directors at the principal office of the Company Partnership designated pursuant to the terms and conditions hereinSection 2.3. The Board General Partner and the Officers Board of Directors may rely and shall be protected in relying on any notice or other document from a Member Partner or other Person if believed by it to be genuine.

Appears in 2 contracts

Samples: Limited Partnership Agreement (Navios Maritime Midstream Partners LP), Limited Partnership Agreement (Navios Maritime Midstream Partners LP)

Addresses and Notices. (a) Any notice, demand, request, report or proxy materials required or permitted to be given or made to a Member under this Agreement shall be in writing and shall be deemed given or made when delivered in person or when sent by first class United States mail or by other means of written communication (including electronic communication) to the Member at the address described below. Any notice, payment or report to be given or made to a Member hereunder shall be deemed conclusively to have been given or made, and the obligation to give such notice or report or to make such payment shall be deemed conclusively to have been fully satisfied, upon sending of such notice, payment or report to the Record Holder of such Shares Membership Interests at his address as shown on the records of the Transfer Agent or delivered electronically as otherwise shown on the records of the Company (including on Exhibit A attached hereto)Company, regardless of any claim of any Person who may have an interest in such Shares Membership Interests by reason of any assignment or otherwise. An affidavit or certificate of making of any notice, payment or report in accordance with the provisions of this Section 8.1 16.1 executed by the Company, a member of the Board or of Directors, the Transfer Agent or the mailing organization shall be prima facie evidence of the giving or making of such notice, payment or report. If any notice, payment or report addressed to a Record Holder at the address of such Record Holder appearing on the books and records of the Transfer Agent or the Company is returned by the United States Postal Service marked to indicate that the United States Postal Service is unable to deliver it or is returned or there is a delivery failure through any electronic communicationit, such notice, payment or report and any subsequent notices, payments and reports shall be deemed to have been duly given or made without further mailing (until such time as such Record Holder or another Person notifies the Transfer Agent or the Company of a change in his address or electronic address, as applicable) if they are available for the Member at the principal office of the Company for a period of one year from the date of the giving or making of such notice, payment or report to the other Members. Any notice to the Company shall be deemed given if received by the Secretary Board of Directors at the principal office of the Company designated pursuant to the terms and conditions hereinSection 2.3. The Board and the Officers of Directors may rely and shall be protected in relying on any notice or other document from a Member or other Person if believed by it to be genuine. (b) The terms “in writing,” “written communications,” “written notice” and words of similar import shall be deemed satisfied under this Agreement by use of e-mail and other forms of electronic communication.

Appears in 2 contracts

Samples: Operating Agreement (Seadrill Partners LLC), Operating Agreement

Addresses and Notices. Any notice, demand, request, report or proxy materials required or permitted to be given or made to a Member under this Agreement shall be in writing and shall be deemed given or made when delivered in person or when sent by first class United States mail or by other means of written communication (including electronic communication) to the Member at the address described below. Any notice, payment or report to be given or made to a Member hereunder shall be deemed conclusively to have been given or made, and the obligation to give such notice or report or to make such payment shall be deemed conclusively to have been fully satisfied, upon sending of such notice, payment or report to the Record Holder of such Shares at his his, her or its address as shown on the records of the Transfer Agent or delivered electronically as otherwise shown on the records of the Company (including on Exhibit A attached hereto)Company, regardless of any claim of any Person who may have an interest in such Shares by reason of any assignment or otherwise. An affidavit or certificate of making of any notice, payment or report in accordance with the provisions of this Section 8.1 21.1 executed by the Company, the Board or the Transfer Agent or the mailing organization shall be prima facie evidence of the giving or making of such notice, payment or report. If any notice, payment or report addressed to a Record Holder at the address of such Record Holder appearing on the books and records of the Transfer Agent or the Company is returned by the United States Postal Service marked to indicate that the United States Postal Service is unable to deliver it or is returned or there is a delivery failure through any electronic communicationit, such notice, payment or report and any subsequent notices, payments and reports shall be deemed to have been duly given or made without further mailing (until such time as such Record Holder or another Person notifies the Transfer Agent or the Company of a change in his address his, her or electronic its address, as applicable) if they are available for the Member at the principal office of the Company for a period of one year from the date of the giving or making of such notice, payment or report to the other Members. Any notice to the Company shall be deemed given if received by the Secretary at the principal office of the Company designated pursuant to the terms and conditions hereinSection 1.5. The Board of Directors and the Officers may rely and shall be protected in relying on any notice or other document from a Member or other Person if believed by it to be genuine.

Appears in 2 contracts

Samples: Operating Agreement (KKR Financial Holdings LLC), Operating Agreement (KKR Financial Holdings LLC)

Addresses and Notices. Any Except as otherwise provided in Section 16.9, Section 17.9, Section 18.9 and Section 19.13 in relation to the Preferred Units, any notice, demand, request, report or proxy materials required or permitted to be given or made to a Member Partner or Assignee under this Agreement shall be in writing and shall be deemed given or made when delivered in person or when sent by first class United States mail or by other means of written communication (including electronic communication) to the Member Partner or Assignee at the address described below. Any notice, payment or report to be given or made to a Member Partner or Assignee hereunder shall be deemed conclusively to have been given or made, and the obligation to give such notice or report or to make such payment shall be deemed conclusively to have been fully satisfied, upon sending of such notice, payment or report to the Record Holder of such Shares Partnership Securities at his address as shown on the records of the Transfer Agent or delivered electronically as otherwise shown on the records of the Company (including on Exhibit A attached hereto)Partnership, regardless of any claim of any Person who may have an interest in such Shares Partnership Securities by reason of any assignment or otherwise. An affidavit or certificate of making of any notice, payment or report in accordance with the provisions of this Section 8.1 20.1 executed by the CompanyGeneral Partner, the Board or the Transfer Agent or the mailing organization shall be prima facie evidence of the giving or making of such notice, payment or report. If any notice, payment or report addressed to a Record Holder at the address of such Record Holder appearing on the books and records of the Transfer Agent or the Company Partnership is returned by the United States Postal Service marked to indicate that the United States Postal Service is unable to deliver it or is returned or there is a delivery failure through any electronic communicationit, such notice, payment or report and any subsequent notices, payments and reports shall be deemed to have been duly given or made without further mailing (until such time as such Record Holder or another Person notifies the Transfer Agent or the Company Partnership of a change in his address or electronic address, as applicable) if they are available for the Member Partner or Assignee at the principal office of the Company Partnership for a period of one year from the date of the giving or making of such notice, payment or report to the other MembersPartners and Assignees. Any notice to the Company Partnership shall be deemed given if received by the Secretary General Partner at the principal office of the Company Partnership designated pursuant to the terms and conditions hereinSection 2.3. The Board and the Officers General Partner may rely and shall be protected in relying on any notice or other document from a Member Partner, Assignee or other Person if believed by it to be genuine.

Appears in 2 contracts

Samples: Agreement of Limited Partnership (NuStar Energy L.P.), Limited Partnership Agreement (NuStar Energy L.P.)

Addresses and Notices. Any notice, demand, request, report or proxy materials required or permitted to be given or made to a Member under this Agreement shall be in writing and shall be deemed given or made when delivered in person or when sent by first class United States mail, electronic mail or by other means of written communication (including electronic communication) to the Member at the address described below. Any notice, payment or report to be given or made to a Member hereunder shall be deemed conclusively to have been given or made, and the obligation to give such notice or report or to make such payment shall be deemed conclusively to have been fully satisfied, upon sending of such notice, payment or report to the Record Holder of such Shares at his or her address (including email address) as shown on the records of the Transfer Agent or delivered electronically as otherwise shown on the records of the Company (including on Exhibit A attached heretoor the Transfer Agent, if any), regardless of any claim of any Person who may have an interest in such Shares by reason of any assignment or otherwise. An affidavit or certificate of making of any notice, payment or report in accordance with the provisions of this Section 8.1 12.1 executed by the Company, the Board or the Transfer Agent (if any) or the mailing organization shall be prima facie evidence of the giving or making of such notice, payment or report. If any notice, payment or report addressed to a Record Holder at the address of such Record Holder appearing on the books and records of the Transfer Agent Company (or the Company Transfer Agent, if any) is returned by the United States Postal Service marked to indicate that the United States Postal Service is unable to deliver it it, or is returned or there by the email server with a message indicating that the email server is a delivery failure through any electronic communicationunable to deliver the email, such notice, payment or report and any subsequent notices, payments and reports shall be deemed to have been duly given or made without further mailing or emailing (until such time as such Record Holder or another Person notifies the Transfer Agent Company (or the Company Transfer Agent, if any) of a change in his address or electronic (including email address, as applicable)) if they are available for the Member at the principal office of the Company for a period of one year from the date of the giving or making of such notice, payment or report to the other Members. Any notice to the Company shall be deemed given if received by the Secretary Manager at the principal office of the Company designated pursuant to Section 2.3 or at the terms and conditions hereinCompany’s principal email address for Member communications, xxxxxxxxxX@xxxxxxxxxxx.xxx. The Board Manager and the Officers its officers may rely and shall be protected in relying on any notice or other document from a Member or other Person if believed by it to be genuine.

Appears in 2 contracts

Samples: Limited Liability Company Agreement (MogulREIT I, LLC), Limited Liability Company Agreement (MogulREIT I, LLC)

Addresses and Notices. Any notice, demand, request, report or proxy materials required or permitted to be given or made to a Member under this Agreement shall be in writing and shall be deemed given or made when delivered in person or when sent by first class United States mail or by other means of written communication (including electronic communication) to the Member at the address described below. Any notice, payment or report to be given or made to a Member hereunder shall be deemed conclusively to have been given or made, and the obligation to give such notice or report or to make such payment shall be deemed conclusively to have been fully satisfied, upon sending of such notice, payment or report to the Record Holder of such Shares at his address as shown on the records of the Transfer Agent or delivered electronically as otherwise shown on the records of the Company (including on Exhibit A attached hereto), regardless of any claim of any Person who may have an interest in such Shares by reason of any assignment or otherwise. An affidavit or certificate of making of any notice, payment or report in accordance with the provisions of this Section 8.1 executed by the Company, the Board Manager or the Transfer Agent or the mailing organization shall be prima facie evidence of the giving or making of such notice, payment or report. If any notice, payment or report addressed to a Record Holder at the address of such Record Holder appearing on the books and records of the Transfer Agent or the Company is returned by the United States Postal Service marked to indicate that the United States Postal Service is unable to deliver it or is returned or there is a delivery failure through any electronic communication, such notice, payment or report and any subsequent notices, payments and reports shall be deemed to have been duly given or made without further mailing (until such time as such Record Holder or another Person notifies the Transfer Agent or the Company of a change in his address or electronic address, as applicable) if they are available for the Member at the principal office of the Company for a period of one year from the date of the giving or making of such notice, payment or report to the other Members. Any notice to the Company shall be deemed given if received by the Secretary at the principal office of the Company designated pursuant to the terms and conditions herein. The Board Manager and the Officers may rely and shall be protected in relying on any notice or other document from a Member or other Person if believed by it to be genuine.

Appears in 2 contracts

Samples: Limited Liability Company Operating Agreement (Masterworks 001, LLC), Limited Liability Company Operating Agreement (Masterworks 001, LLC)

Addresses and Notices. Any notice, demand, request, report or proxy materials required or permitted to be given or made to a Member Partner or Assignee under this Agreement shall be in writing and shall be deemed given or made when delivered in person or when sent by first class United States mail or by other means of written communication (including electronic communication) to the Member Partner or Assignee at the address described below. Any notice, payment or report to be given or made to a Member Partner or Assignee hereunder shall be deemed conclusively to have been given or made, and the obligation to give such notice or report or to make such payment shall be deemed conclusively to have been fully satisfied, upon sending of such notice, payment or report to the Record Holder of such Shares Partnership Securities at his address as shown on the records of the Transfer Agent Partnership or delivered electronically as otherwise shown on the records of the Company (including on Exhibit A attached hereto)Partnership, regardless of any claim of any Person who may have an interest in such Shares Partnership Securities by reason of any assignment or otherwise. An affidavit or certificate of making of any notice, payment or report in accordance with the provisions of this Section 8.1 14.1 executed by the Company, the Board or the Transfer Agent or the mailing organization General Partner shall be prima facie evidence of the giving or making of such notice, payment or report. If any notice, payment or report addressed to a Record Holder at the address of such Record Holder appearing on the books and records of the Transfer Agent or the Company Partnership is returned by the United States Postal Service marked to indicate that the United States Postal Service is unable to deliver it or is returned or there is a delivery failure through any electronic communicationit, such notice, payment or report and any subsequent notices, payments and reports shall be deemed to have been duly given or made without further mailing (until such time as such Record Holder or another Person notifies the Transfer Agent or the Company Partnership of a change in his address or electronic address, as applicable) if they are available for the Member Partner or Assignee at the principal office of the Company Partnership for a period of one year from the date of the giving or making of such notice, payment or report to the other MembersPartners and Assignees. Any notice to the Company Partnership shall be deemed given if received by the Secretary General Partner at the principal office of the Company Partnership designated pursuant to the terms and conditions hereinSection 2.3. The Board and the Officers General Partner may rely and shall be protected in relying on any notice or other document from a Member Partner, Assignee or other Person if believed by it to be genuine.

Appears in 2 contracts

Samples: Agreement of Limited Partnership (NGL Crude Terminals, LLC), Agreement of Limited Partnership (Opr, LLC)

Addresses and Notices. Any notice, demand, request, report or proxy materials required or permitted to be given or made to a Member under this Agreement shall be in writing and shall be deemed given or made when delivered in person or when sent by first class United States mail, electronic mail or by other means of written communication (including electronic communication) to the Member at the address described below. Any notice, payment or report to be given or made to a Member hereunder shall be deemed conclusively to have been given or made, and the obligation to give such notice or report or to make such payment shall be deemed conclusively to have been fully satisfied, upon sending of such notice, payment or report to the Record Holder of such Shares at his or her address (including email address) as shown on the records of the Transfer Agent or delivered electronically as otherwise shown on the records of the Company (including on Exhibit A attached heretoor the Transfer Agent, if any), regardless of any claim of any Person who may have an interest in such Shares by reason of any assignment or otherwise. An affidavit or certificate of making of any notice, payment or report in accordance with the provisions of this Section 8.1 ‎Section 12.1 executed by the Company, the Board or the Transfer Agent (if any) or the mailing organization shall be prima facie evidence of the giving or making of such notice, payment or report. If any notice, payment or report addressed to a Record Holder at the address of such Record Holder appearing on the books and records of the Transfer Agent Company (or the Company Transfer Agent, if any) is returned by the United States Postal Service marked to indicate that the United States Postal Service is unable to deliver it it, or is returned or there by the email server with a message indicating that the email server is a delivery failure through any electronic communicationunable to deliver the email, such notice, payment or report and any subsequent notices, payments and reports shall be deemed to have been duly given or made without further mailing or emailing (until such time as such Record Holder or another Person notifies the Transfer Agent Company (or the Company Transfer Agent, if any) of a change in his address or electronic (including email address, as applicable)) if they are available for the Member at the principal office of the Company for a period of one year from the date of the giving or making of such notice, payment or report to the other Members. Any notice to the Company shall be deemed given if received by the Secretary Manager at the principal office of the Company designated pursuant to Section 2.3 or at the terms and conditions hereinCompany’s principal email address for Member communications, sxxxxxx@xxxxxxxxxxx.xx. The Board Manager and the Officers its officers may rely and shall be protected in relying on any notice or other document from a Member or other Person if believed by it to be genuine.

Appears in 2 contracts

Samples: Operating Agreement (Groundfloor Loans 1, LLC), Operating Agreement (Groundfloor Loans 1, LLC)

Addresses and Notices. (a) Any notice, demand, request, report or proxy materials required or permitted to be given or made to a Member Partner under this Agreement shall be in writing and shall be deemed given or made when delivered in person or when sent by first class United States mail or by other means of written communication (including electronic communication) to the Member Partner at the address described below. Any notice, payment or report to be given or made to a Member Partner hereunder shall be deemed conclusively to have been given or made, and the obligation to give such notice or report or to make such payment shall be deemed conclusively to have been fully satisfied, upon sending of such notice, payment or report to the Record Holder of such Shares Partnership Interests at his address as shown on the records of the Transfer Agent or delivered electronically as otherwise shown on the records of the Company (including on Exhibit A attached hereto)Partnership, regardless of any claim of any Person who may have an interest in such Shares Partnership Interests by reason of any assignment or otherwise. An affidavit or certificate of making of any notice, payment or report in accordance with the provisions of this Section 8.1 18.1 executed by a member of the CompanyBoard of Directors, the Board or General Partner, the Transfer Agent or the mailing organization shall be prima facie evidence of the giving or making of such notice, payment or report. If any notice, payment or report addressed to a Record Holder at the address of such Record Holder appearing on the books and records of the Transfer Agent or the Company Partnership is returned by the United States Postal Service marked to indicate that the United States Postal Service is unable to deliver it or is returned or there is a delivery failure through any electronic communicationit, such notice, payment or report and any subsequent notices, payments and reports shall be deemed to have been duly given or made without further mailing (until such time as such Record Holder or another Person notifies the Transfer Agent or the Company Partnership of a change in his address or electronic address, as applicable) if they are available for the Member Partner at the principal office of the Company Partnership for a period of one year from the date of the giving or making of such notice, payment or report to the other MembersPartners. Any notice to the Company Partnership shall be deemed given if received by the Secretary General Partner or the Board of Directors at the principal office of the Company Partnership designated pursuant to the terms and conditions hereinSection 2.3. The Board General Partner and the Officers Board of Directors may rely and shall be protected in relying on any notice or other document from a Member Partner or other Person if believed by it to be genuine. (b) The terms “in writing,” “written communications,” “written notice” and words of similar import shall be deemed satisfied under this Agreement by use of e-mail and other forms of electronic communication.

Appears in 1 contract

Samples: Limited Partnership Agreement (GasLog Partners LP)

Addresses and Notices. Any notice, demand, request, report or proxy materials required or permitted to be given or made to a Member under this Agreement shall be in writing and shall be deemed given or made when delivered in person or when sent by first class United States mail, electronic mail or by other means of written communication (including electronic communication) to the Member at the address described below. Any notice, payment or report to be given or made to a Member hereunder shall be deemed conclusively to have been given or made, and the obligation to give such notice or report or to make such payment shall be deemed conclusively to have been fully satisfied, upon sending of such notice, payment or report to the Record Holder of such Shares at his or her address (including email address) as shown on the records of the Transfer Agent or delivered electronically as otherwise shown on the records of the Company (including on Exhibit A attached heretoor the Transfer Agent, if any), regardless of any claim of any Person who may have an interest in such Shares by reason of any assignment or otherwise. An affidavit or certificate of making of any notice, payment or report in accordance with the provisions of this Section 8.1 11.1 executed by the Company, the Board or the Transfer Agent (if any) or the mailing organization shall be prima facie evidence of the giving or making of such notice, payment or report. If any notice, payment or report addressed to a Record Holder at the address of such Record Holder appearing on the books and records of the Transfer Agent Company (or the Company Transfer Agent, if any) is returned by the United States Postal Service marked to indicate that the United States Postal Service is unable to deliver it it, or is returned or there by the email server with a message indicating that the email server is a delivery failure through any electronic communicationunable to deliver the email, such notice, payment or report and any subsequent notices, payments and reports shall be deemed to have been duly given or made without further mailing or emailing (until such time as such Record Holder or another Person notifies the Transfer Agent Company (or the Company Transfer Agent, if any) of a change in his or her address or electronic (including email address, as applicable)) if they are available for the Member at the principal office of the Company for a period of one year from the date of the giving or making of such notice, payment or report to the other Members. Any notice to the Company shall be deemed given if received by the Secretary Administrative Manager at the principal office of the Company designated pursuant to Section 2.3 or at the terms and conditions hereinCompany’s principal email address for Member communications, cxxxxxx@xxxxxxxxxxx.xxx. The Board Administrative Manager and the Officers its officers may rely and shall be protected in relying on any notice or other document from a Member or other Person if believed by it to be genuine.

Appears in 1 contract

Samples: Operating Agreement (StartEngine Real Estate REIT 1 LLC)

Addresses and Notices. Any notice, demand, request, report or proxy materials required or permitted to be given or made to a Member under this Agreement shall be in writing and shall be deemed given or made when delivered in person or when sent by first class United States mail or by other means of written communication (including electronic communication) to the Member at the address described below. Any notice, payment or report to be given or made to a Member hereunder shall be deemed conclusively to have been given or made, and the obligation to give such notice or report or to make such payment shall be deemed conclusively to have been fully satisfied, upon sending of such notice, payment or report to the Record Holder of such Shares at his address as shown on the records of the Transfer Agent or delivered electronically as otherwise shown on the records of the Company (including on Exhibit A attached hereto)Company, regardless of any claim of any Person who may have an interest in such Shares by reason of any assignment or otherwise. An affidavit or certificate of making of any notice, payment or report in accordance with the provisions of this Section 8.1 13.1 executed by the Company, the Board or the Transfer Agent or the mailing organization shall be prima facie evidence of the giving or making of such notice, payment or report. If any notice, payment or report addressed to a Record Holder at the address of such Record Holder appearing on the books and records of the Transfer Agent or the Company is returned by the United States Postal Service marked to indicate that the United States Postal Service is unable to deliver it or is returned or there is a delivery failure through any electronic communicationit, such notice, payment or report and any subsequent notices, payments and reports shall be deemed to have been duly given or made without further mailing (until such time as such Record Holder or another Person notifies the Transfer Agent or the Company of a change in his address or electronic address, as applicable) if they are available for the Member at the principal office of the Company for a period of one year from the date of the giving or making of such notice, payment or report to the other Members. Any notice to the Company shall be deemed given if received by the Secretary at the principal office of the Company designated pursuant to the terms and conditions herein. The Board and the Officers may rely and shall be protected in relying on any notice or other document from a Member or other Person if believed by it to be genuineSection 2.

Appears in 1 contract

Samples: Limited Liability Company Operating Agreement

Addresses and Notices. Any notice, demand, request, report or proxy materials required or permitted to be given or made to a Member Partner or Assignee under this Agreement shall be in writing and shall be deemed given or made when delivered in person or when sent by first class United States mail or by other means of written communication (including electronic communication) to the Member Partner or Assignee at the address described below. Any notice, payment or report to be given or made to a Member Partner or Assignee hereunder shall be deemed conclusively to have been given or made, and the obligation to give such notice or report or to make such payment shall be deemed conclusively to have been fully satisfied, upon sending of such notice, payment or report to the Record Holder of such Shares Partnership Securities at his address as shown on the records of the Transfer Agent or delivered electronically as otherwise shown on the records of the Company (including on Exhibit A attached hereto)Partnership, regardless of any claim of any Person who may have an interest in such Shares Partnership Securities by reason of any assignment or otherwise. An affidavit or certificate of making of any notice, payment or report in accordance with the provisions of this Section 8.1 16.1 executed by the CompanyGeneral Partner, the Board or the Transfer Agent or the mailing organization shall be prima facie evidence of the giving or making of such notice, payment or report. If any notice, payment or report addressed to a Record Holder at the address of such Record Holder appearing on the books and records of the Transfer Agent or the Company Partnership is returned by the United States Postal Service marked to indicate that the United States Postal Service is unable to deliver it or is returned or there is a delivery failure through any electronic communicationit, such notice, payment or report and any subsequent notices, payments and reports shall be deemed to have been duly given or made without further mailing (until such time as such Record Holder or another Person notifies the Transfer Agent or the Company Partnership of a change in his address or electronic address, as applicable) if they are available for the Member Partner or Assignee at the principal office of the Company Partnership for a period of one year from the date of the giving or making of such notice, payment or report to the other MembersPartners and Assignees. Any notice to the Company Partnership shall be deemed given if received by the Secretary General Partner at the principal office of the Company Partnership designated pursuant to the terms and conditions hereinSection 2.3. The Board and the Officers General Partner may rely and shall be protected in relying on any notice or other document from a Member Partner, Assignee or other Person if believed by it to be genuine.

Appears in 1 contract

Samples: Limited Partnership Agreement

Addresses and Notices. (a) Any notice, demand, request, report or proxy materials required or permitted to be given or made to a Member Partner under this Agreement shall be in writing and shall be deemed given or made when delivered in person or when sent by first class United States mail or by other means of written communication (including electronic communication) to the Member Partner at the address described below. Any notice, payment or report to be given or made to a Member Partner hereunder shall be deemed conclusively to have been given or made, and the obligation to give such notice or report or to make such payment shall be deemed conclusively to have been fully satisfied, upon sending of such notice, payment or report to the Record Holder of such Shares Partnership Securities at his address as shown on the records of the Transfer Agent or delivered electronically as otherwise shown on the records of the Company (including on Exhibit A attached hereto)Partnership, regardless of any claim of any Person who may have an interest in such Shares Partnership Securities by reason of any assignment or otherwise. An affidavit or certificate of making of any notice, payment or report in accordance with the provisions of this Section 8.1 16.1 executed by the CompanyGeneral Partner, the Board or the Transfer Agent or the mailing organization shall be prima facie evidence of the giving or making of such notice, payment or report. If any notice, payment or report addressed to a Record Holder at the address of such Record Holder appearing on the books and records of the Transfer Agent or the Company Partnership is returned by the United States Postal Service marked to indicate that the United States Postal Service is unable to deliver it or is returned or there is a delivery failure through any electronic communicationit, such notice, payment or report and any subsequent notices, payments and reports shall be deemed to have been duly given or made without further mailing (until such time as such Record Holder or another Person notifies the Transfer Agent or the Company Partnership of a change in his address or electronic address, as applicable) if they are available for the Member Partner at the principal office of the Company Partnership for a period of one year from the date of the giving or making of such notice, payment or report to the other MembersPartners. Any notice to the Company Partnership shall be deemed given if received by the Secretary General Partner at the principal office of the Company Partnership designated pursuant to the terms and conditions hereinSection 2.3. The Board and the Officers General Partner may rely and shall be protected in relying on any notice or other document from a Member Partner or other Person if believed by it to be genuine. (b) The terms “in writing”, “written communications”, “written notice” and words of similar import will be deemed satisfied under this Agreement by use of e-mail and other forms of electronic communication.

Appears in 1 contract

Samples: Agreement of Limited Partnership (Quest Energy Partners, L.P.)

Addresses and Notices. Any notice, demand, request, request or report or proxy materials required or permitted to be given or made to a Member Partner or Assignee under this Agreement shall be in writing and shall be deemed given or made when delivered in person or when sent by first first-class United States mail or by other means of written communication (including electronic communication) to the Member Partner or Assignee at the address described below. Any notice, payment or report to be given or made to a Member Partner or Assignee hereunder shall be deemed conclusively to have been given or made, and the obligation to give such notice or report 66 74 or to make such payment shall be deemed conclusively to have been fully satisfied, upon sending of such notice, payment or report to the Record Holder of such Shares Unit at his address as shown on the records of the Transfer Agent or delivered electronically as otherwise shown on the records of the Company (including on Exhibit A attached hereto)Partnership, regardless of any claim of any Person who may have an interest in such Shares Unit or the Partnership Interest of a General Partner by reason of any assignment or otherwise. An affidavit or certificate of making of any notice, payment or report in accordance with the provisions of this Section 8.1 18.1 executed by the CompanyGeneral Partner, the Board or the Transfer Agent or the mailing organization shall be prima facie evidence of the giving or making of such notice, payment or report. If any notice, payment or report addressed to a Record Holder at the address of such Record Holder appearing on the books and records of the Transfer Agent or the Company Partnership is returned by the United States Postal Service Post Office marked to indicate that the United States Postal Service is unable to deliver it or is returned or there is a delivery failure through any electronic communicationit, such notice, payment or report and any subsequent notices, payments and reports shall be deemed to have been duly given or made without further mailing (until such time as such Record Holder or another Person notifies the Transfer Agent or the Company Partnership of a change in his address or electronic address, as applicable) if they are available for the Member Partner or Assignee at the principal office of the Company Partnership for a period of one year from the date of the giving or making of such notice, payment or report to the other MembersPartners and Assignees. Any notice to the Company Partnership shall be deemed given if received by the Secretary General Partner at the principal office of the Company Partnership designated pursuant to the terms and conditions hereinSection 1.3. The Board and the Officers General Partner may rely and shall be protected in relying on any notice or other document from a Member Partner, Assignee or other Person if believed by it to be genuine.

Appears in 1 contract

Samples: Agreement of Limited Partnership (Teppco Partners Lp)

Addresses and Notices. Any notice, demand, request, report or proxy materials required or permitted to be given or made to a Member under this Agreement shall be in writing and shall be deemed given or made when delivered in person or when sent by first class United States mail or by other means of written communication (including electronic communication) to the Member at the address described below. Any notice, payment or report to be given or made to a Member hereunder shall be deemed conclusively to have been given or made, and the obligation to give such notice or report or to make such payment shall be deemed conclusively to have been fully satisfied, upon sending of such notice, payment or report to the Record Holder of such Shares Units at his address as shown on the records of the Transfer Agent or delivered electronically as otherwise shown on the records of the Company (including on Exhibit A attached hereto), regardless of any claim of any Person who may have an interest in such Shares Units by reason of any assignment or otherwise. An affidavit or certificate of making of any notice, payment or report in accordance with the provisions of this Section 8.1 9.01 executed by the Company, the Board Company or the Transfer Agent Managing Member or the mailing organization shall be prima facie evidence of the giving or making of such notice, payment or report. If any notice, payment or report addressed to a Record Holder at the address of such Record Holder appearing on the books and records of the Transfer Agent or the Company is returned by the United States Postal Service marked to indicate that the United States Postal Service is unable to deliver it or is returned or there is a delivery failure through any electronic communicationit, such notice, payment or report and any subsequent notices, payments and reports shall be deemed to have been duly given or made without further mailing (until such time as such Record Holder or another Person notifies the Transfer Agent or the Company of a change in his address or electronic address, as applicable) if they are available for the Member at the principal office of the Company for a period of one year from the date of the giving or making of such notice, payment or report to the other Members. Any notice to the Company shall be deemed given if received by the Secretary at the principal office of the Company designated pursuant to the terms and conditions herein. The Board Managing Member and the Officers may rely and shall be protected in relying on any notice or other document from a Member or other Person if believed by it to be genuine.

Appears in 1 contract

Samples: Limited Liability Company Operating Agreement (Muscle Maker, Inc.)

Addresses and Notices. Any notice, demand, request, request or report or proxy materials required or permitted to be given or made to a Member Partner or Assignee under this Agreement shall be in writing and shall be deemed given or made when delivered in person or when sent by first first-class United States mail or by other means of written communication (including electronic communication) to the Member Partner or Assignee at the address described below. Any notice, payment or report to be given or made to a Member Partner or Assignee hereunder shall be deemed conclusively to have been given or made, and the obligation to give such notice or report or to make such payment shall be deemed conclusively to have been fully satisfied, upon sending of such notice, payment or report to the Record Holder of such Shares Unit at his address as shown on the records of the Transfer Agent or delivered electronically as otherwise shown on the records of the Company (including on Exhibit A attached hereto)Partnership, regardless of any claim of any Person who may have an interest in such Shares Unit or the Partnership Interest of a General Partner by reason of any an assignment or otherwise. An affidavit or certificate of making of any notice, payment or report in accordance with the provisions of this this Section 8.1 18.1 executed by the CompanyGeneral Partner, the Board or the Transfer Agent or the mailing organization shall be prima facie evidence of the giving or making of such notice, payment or report. If any notice, payment or report addressed to a Record Holder at the address of such Record Holder appearing on the books and records of the Transfer Agent or the Company Partnership is returned by the United States Postal Service Post Office marked to indicate that the United States Postal Service is unable to deliver it or is returned or there is a delivery failure through any electronic communicationit, such notice, payment or report and any subsequent notices, payments and reports shall be deemed to have been duly given or made without further mailing (until such time as such Record Holder or another Person notifies the Transfer Agent or the Company Partnership of a change in his address or electronic address, as applicable) if they are available for the Member Partner or Assignee at the principal office of the Company Partnership for a period of one year from the date of the giving or making of such notice, payment or report to the other MembersPartners and Assignees. Any notice to the Company Partnership shall be deemed given if received by the Secretary General Partner at the principal office of the Company Partnership designated pursuant to the terms and conditions hereinSection 1.3 hereof. The Board Partnership and the Officers General Partner may rely and shall be protected in relying on any notice or other document from a Member Partner or other Person if believed by it them to be genuine.

Appears in 1 contract

Samples: Limited Partnership Agreement (Plum Creek Timber Co L P)

Addresses and Notices. Any notice, demand, request, or report or proxy materials required or permitted to be given or made to a Member Partner under this Agreement shall be in writing and shall be deemed given or made when delivered in person or when sent by first class United States mail or by other means of written communication (including electronic communication) to the Member Partner at the address described below. Any notice, payment payment, or report to be given or made to a Member Partner hereunder shall be deemed conclusively to have been given or made, and the obligation to give such notice or report or to make such payment shall be deemed conclusively to have been fully satisfied, upon sending of such notice, payment payment, or report to the Record Holder of such Shares Partner at his its address as shown on in the records of the Transfer Agent or delivered electronically as otherwise shown on the records of the Company (including on Exhibit A attached hereto)Partnership Register, regardless of any claim of any Person who may have an interest in the Partnership Securities held or formerly held by such Shares Partner by reason of any assignment or otherwise. An affidavit or certificate of making of any notice, payment payment, or report in accordance with the provisions of this Section 8.1 16.1 executed by the Company, the Board or the Transfer Agent General Partner or the mailing organization shall be prima facie evidence of the giving or making of such notice, payment payment, or report. If any notice, payment payment, or report addressed to a Record Holder Partner at its address appearing in the address of such Record Holder appearing on the books and records of the Transfer Agent or the Company Partnership Register is returned by the United States Postal Service marked to indicate that the United States Postal Service is unable to deliver it or is returned or there is a delivery failure through any electronic communicationit, such notice, payment payment, or report and any subsequent notices, payments payments, and reports shall be deemed to have been duly given or made without further mailing (until such time as such Record Holder or another Person Partner notifies the Transfer Agent or the Company Partnership of a change in his address or electronic its address, as applicable) if they are available for the Member Partner at the principal office of the Company Partnership for a period of one year from the date of the giving or making of such notice, payment payment, or report to the other MembersPartners. Any notice to the Company Partnership shall be deemed given if received by the Secretary General Partner at the principal office of the Company Partnership designated pursuant to the terms and conditions hereinSection 2.3. The Board and the Officers General Partner may rely and shall be protected in relying on any notice or other document from a Member Partner or other Person if believed by it to be genuine. The terms “in writing,” “written communication,” “written notice” and works of similar import shall be deemed satisfied under this Agreement by use of e-mail and other forms of electronic communication.

Appears in 1 contract

Samples: Limited Partnership Agreement (DCP Midstream, LP)

Addresses and Notices. Any notice, demand, request, report or proxy materials required or permitted to be given or made to a Member Partner or Assignee under this Agreement shall be in writing and shall be deemed given or made when delivered in person or when sent by first class United States mail or by other means of written communication (including electronic communication) to the Member Partner or Assignee at the address described below. Any notice, payment or report to be given or made to a Member Partner or Assignee hereunder shall be deemed conclusively to have been given or made, and the obligation to give such notice or report or to make such payment shall be deemed conclusively to have been fully satisfied, upon sending of such notice, payment or report to the Record Holder of such Shares Partnership Securities at his address as shown on the records of the Transfer Agent or delivered electronically as otherwise shown on the records of the Company (including on Exhibit A attached hereto)Partnership, regardless of any claim of any Person who may have an interest in such Shares Partnership Securities by reason of any assignment or otherwise. An affidavit or certificate of making of any notice, payment or report in accordance with the provisions of this Section 8.1 16.1 executed by the CompanyGeneral Partner, the Board or the Transfer Agent or the mailing organization shall be prima facie evidence of the giving or making of such notice, payment or report. If any notice, payment or report addressed to a Record Holder at the address of such Record Holder appearing on the books and records of the Transfer Agent or the Company Partnership is returned by the United States Postal Service Post Office marked to indicate that the United States Postal Service is unable to deliver it or is returned or there is a delivery failure through any electronic communicationit, such notice, payment or report and any subsequent notices, payments and reports shall be deemed to have been duly given or made without further mailing (until such time as such Record Holder or another Person notifies the Transfer Agent or the Company Partnership of a change in his address or electronic address, as applicable) if they are available for the Member Partner or Assignee at the principal office of the Company Partnership for a period of one year from the date of the giving or making of such notice, payment or report to the other MembersPartners and Assignees. Any notice to the Company Partnership shall be deemed given if received by the Secretary General Partner at the principal office of the Company Partnership designated pursuant to the terms and conditions hereinSection 2.3. The Board and the Officers General Partner may rely and shall be protected in relying on any notice or other document from a Member Partner, Assignee or other Person if believed by it to be genuine.. 71

Appears in 1 contract

Samples: Limited Partnership Agreement (U S Timberlands Co Lp)

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