Common use of Communications and Notices Clause in Contracts

Communications and Notices. All communications and notices provided -------------------------- for in this Agreement or under the Note shall be in writing and shall be deemed to have been duly given if delivered personally to the party to whose attention the notice is directed or sent by overnight express, facsimile transmission, express mail delivery service, or registered or certified mail, return receipt requested, postage prepaid, and properly addressed as follows: If to Company: 0000 Xxxxx Xxxxxxx Roswell, Georgia 30076 Attention: Xxxxx X. Blazer Facsimile: (000) 000-0000 with a copy to: Xxxxxx & Bird One Atlantic Center 0000 Xxxx Xxxxxxxxx Xxxxxx Xxxxxxx, Xxxxxxx 00000-0000 Attention: Xxxx X. Xxxxxx Facsimile: (000) 000-0000 If to Newco: 00000 Xxxxxx Xxxx Xxxxxxx Xxxxxx, Xxxxxxxx 00000 Attention: Xxxx X. Xxxxxx Facsimile: (000) 000-0000 Any party may change the address to which notices hereunder are to be sent to it by giving written notice of such change of address in the manner herein provided for giving notice. Any notice delivered personally shall be deemed to have been given when so delivered. Any notice delivered by facsimile transmission shall be deemed to have been given on the earlier of the date it is actually received or one day after such transmission. Any notice delivered by overnight express courier will be deemed to have been given on the next succeeding business day after the day it is sent to the intended recipient at the address set forth above, and any notice delivered by registered or certified mail or express mail delivery service shall be deemed to have been duly given on the earlier of the date it is actually received or three business days after it is sent to the intended recipient at the address set forth above.

Communications and Notices. All communications and notices provided -------------------------- for in this Agreement or under the Note shall be in writing and shall be deemed to have been duly given if delivered personally to the party to whose attention the notice is directed or sent by overnight express, facsimile transmission, express mail delivery service, or registered or certified mail, return receipt requested, postage prepaid, and properly addressed as follows: If to the Company: 0000 Xxxxx HFMI Acquisition Corporation 00000 Xxxxxx Xxxx Xxxxxxx RoswellXxxxxx, Georgia 30076 XX 00000 Attention: Xxxxx X. Blazer President Facsimile: 000-000-0000 If to Boston Chicken: Boston Chicken, Inc. 00000 Xxxxxx Xxxx Xxxxxxx Xxxxxx, Xxxxxxxx 00000 Attention: General Counsel Facsimile: (000) 000-0000 with a copy to: Xxxxxx Xxxx, Xxxx & Bird One Atlantic Center 0000 Xxxx Xxxxxxxxx Xxxxxx Xxxxxxx, Xxxxxxx 00000-0000 Attention: Xxxx X. Xxxxxx Facsimile: (000) 000-0000 If to Newco: 00000 Xxxxxx Xxxxx 00 Xxxx Xxxxxxx Xxxxxx, Xxxxx 0000 Xxxxxxx, Xxxxxxxx 00000 Attention: Xxxx X. Xxxxxx Xxxxxxx Facsimile: (000) 000-0000 Any party may change the address to which notices hereunder are to be sent to it by giving written notice of such change of address in the manner herein provided for giving notice. Any notice delivered personally shall be deemed to have been given when so delivered. Any notice delivered by facsimile transmission shall be deemed to have been given on the earlier of the date it is actually received or one day after such transmission. Any notice delivered by overnight express courier will be deemed to have been given on the next succeeding business day after the day it is sent to the intended recipient at the address set forth above, and any notice delivered by registered or certified mail or express mail delivery service shall be deemed to have been duly given on the earlier of the date it is actually received or three business days after it is sent to the intended recipient at the address set forth above.

Communications and Notices. All communications and notices provided -------------------------- for in this Agreement or under and the Note New Securities shall be in writing and, if to the Issuer, mailed certified mail, return receipt requested, delivered or transmitted by facsimile to it at Onx Xxxxxxxx Xxxx, Xxxxxxxx, Xxxxxxxx 00000, Fax No. (000) 000-0000, Confirmation No. (000) 000-0000, Attention: Treasurer, provided that any notice pursuant to Section 5 of New Note A or Section 5 of New Note B shall also be delivered or transmitted to the Issuer at Onx Xxxxxxxx Xxxx, Xxxxxxxx, Xxxxxxxx 00000, Fax No. (000) 000-0000, Confirmation No. (000) 000-0000, Attention: Secretary, and, if to any Subsidiary Guarantor, mailed certified mail, return receipt requested, delivered or transmitted by facsimile to it c/o the Issuer at the address and facsimile number specified above, or at any other address which the Issuer or any Subsidiary Guarantor, as the case may be, may hereafter designate by written notice to the Purchaser, and, if to the Purchaser, mailed, delivered or transmitted by facsimile to the Purchaser at 15000 Xxxxxxxx Xxxxx Xxxxx, Xxxxxxx Xxxxx #0, Xxxxxxxx, XX 00000, Fax No. (000) 000-0000, Confirmation No. (000) 000-0000, Attention: President, or to such other address and to such attention as the Purchaser may from time to time designate to the Issuer in writing. Except as specified herein, all notices and other communications shall be deemed to have been duly given (i) on the date of delivery if delivered personally to personally, (ii) five days following posting if transmitted by U.S. mail or (iii) on the party to whose attention the notice is directed or sent day of transmission if transmitted by overnight express, facsimile transmission, express mail delivery service, or registered or certified mail, return (provided receipt requested, postage prepaid, and properly addressed as follows: If to Company: 0000 Xxxxx Xxxxxxx Roswell, Georgia 30076 Attention: Xxxxx X. Blazer Facsimile: (000) 000-0000 with a copy to: Xxxxxx & Bird One Atlantic Center 0000 Xxxx Xxxxxxxxx Xxxxxx Xxxxxxx, Xxxxxxx 00000-0000 Attention: Xxxx X. Xxxxxx Facsimile: (000) 000-0000 If to Newco: 00000 Xxxxxx Xxxx Xxxxxxx Xxxxxx, Xxxxxxxx 00000 Attention: Xxxx X. Xxxxxx Facsimile: (000) 000-0000 Any party may change the address to which notices hereunder are to be sent to it by giving written notice of such change of address in transmission is confirmed by the manner herein provided for giving notice. Any notice delivered personally recipient thereof by telephone), whichever shall be deemed to have been given when so delivered. Any notice delivered by facsimile transmission shall be deemed to have been given on the earlier of the date it is actually received or one day after such transmission. Any notice delivered by overnight express courier will be deemed to have been given on the next succeeding business day after the day it is sent to the intended recipient at the address set forth above, and any notice delivered by registered or certified mail or express mail delivery service shall be deemed to have been duly given on the earlier of the date it is actually received or three business days after it is sent to the intended recipient at the address set forth abovefirst occur.

Communications and Notices. All communications and notices Unless otherwise expressly provided -------------------------- for in this Agreement herein, all notices, requests, demands or under other instruments which may or are required to be given by either party to the Note other or to the Eligible Lender Trustee, shall be in writing (which shall include those sent by facsimile or other electronic communication capable of providing a written record), and each shall be deemed to have been duly properly given if delivered when served personally to on an officer of the party to whose attention the whom such notice is directed or sent by overnight express, facsimile transmission, express mail delivery serviceto be given, or upon expiration of a period of 48 hours from and after the postmark thereof when mailed postage prepaid by registered or certified mail, requesting return receipt requestedreceipt, postage prepaidor if sent electronically when received, and properly addressed as follows: If to CompanyGoal: Goal Financial, LLC Attn: Xx. Xxxxxx Xxxxxxx, Secretary 0000 Xxxxx Xxxxxxx RoswellXxxxxx Xxxxxx, Georgia 30076 Attention: Xxxxx X. Blazer Suite 100 San Diego, CA 92121 Facsimile: (000) 000-0000 with a copy toe-mail: Xxxxxx & Bird One Atlantic Center 0000 Xxxx Xxxxxxxxx xxxxxxxx@xxxxxxxxxxxxx.xxx If to the Issuer: Goal Capital Funding Trust 2006-1 c/o Goal Financial, LLC Attn: Xx. Xxxxxx Xxxxxxx, Xxxxxxx 00000-Secretary 0000 Attention: Xxxx X. Xxxxxx Xxxxxx, Suite 100 San Diego, CA 92121 Facsimile: (000) 000-0000 e-mail: sgarland@goal xxxxxxxxx.xxx If to Newcothe Trustee: The Bank of New York Attn: Corporate Trust Manager 00000 Xxxxxx Xxxx Xxxxxxxxx Xxxxxxx, 0xx Xxxxx Xxxxxxxxxxxx, Xxxxxxx Xxxxxx, Xxxxxxxx 00000 Attention: Xxxx X. Xxxxxx Facsimile: (000) 000-0000 E-mail: xxxxxxx@xxxxxxxx.xxx If to the Eligible Lender Trustee: The Bank of New York Attn: Corporate Trust Manager 00000 Xxxxxxxxx Xxxxxxx, 0xx Xxxxx Xxxxxxxxxxxx, Xxxxxxx 00000 Facsimile: (000) 000-0000 E-mail: xxxxxxx@xxxxxxxx.xxx Any party may change the address and name of the addressee to which subsequent notices hereunder are to be sent to it it, by giving written notice to the others given as aforesaid, but any such notice of such change of address in the manner herein provided for giving notice. Any notice delivered personally shall be deemed to have been given when so delivered. Any notice delivered change, if sent by facsimile transmission shall be deemed to have been given on the earlier of the date it is actually received or one day after such transmission. Any notice delivered by overnight express courier will be deemed to have been given on the next succeeding business day after the day it is sent to the intended recipient at the address set forth above, and any notice delivered by registered or certified mail or express mail delivery service electronic mail, shall not be deemed to have been duly given on effective until the earlier of the date it is actually received or three business days 5th day after it is sent to mailed or the intended recipient at the address set forth above2nd day after it is electronically transmitted, as applicable.

Communications and Notices. All communications and notices provided -------------------------- for in this Agreement or under the Note shall be in writing and shall be deemed to have been duly given if delivered personally to the party to whose attention the notice is directed or sent by overnight express, facsimile transmission, express mail delivery service, or registered or certified mail, return receipt requested, postage prepaid, and properly addressed as follows: If to the Company: 0000 Xxxxx Xxxxxxx Roswell, Georgia 30076 Attention: Xxxxx X. Blazer Facsimile: (000) 000-0000 with a copy to: Xxxxxx & Bird One Atlantic Center 0000 Xxxx Xxxxxxxxx Xxxxxx Xxxxxxx, Xxxxxxx 00000-0000 Attention: Xxxx X. Xxxxxx Facsimile: (000) 000-0000 If to Newco: Progressive Food Concepts, Inc. 00000 Xxxxxx Xxxx Xxxxxxx Xxxxxx, Xxxxxxxx 00000 Attention: Xxxx X. Xxxxxx Facsimile: (000) 000-0000 with a copy to: Progressive Food Concepts, Inc. 00000 Xxxxxx Xxxx Xxxxxxx Xxxxxx, Xxxxxxxx 00000 Attention: General Counsel Facsimile: (000) 000-0000 Any party may change the address to which notices hereunder are to be sent to it by giving written notice of such change of address in the manner herein provided for giving notice. Any notice delivered personally shall be deemed to have been given when so delivered. Any notice delivered by facsimile transmission shall be deemed to have been given on the earlier of the date it is actually received or one day after such transmission. Any notice delivered by overnight express courier will be deemed to have been given on the next succeeding business day after the day it is sent to the intended recipient at the address set forth above, and any notice delivered by registered or certified mail or express mail delivery service shall be deemed to have been duly given on the earlier of the date it is actually received or three business days after it is sent to the intended recipient at the address set forth above.

Communications and Notices. All communications and notices provided -------------------------- for in this Agreement or under the Note shall be in writing and shall be deemed to have been duly given if delivered personally to the party to whose attention the notice is directed or sent by overnight express, facsimile transmission, express mail delivery service, or registered or certified mail, return receipt requested, postage prepaid, and properly addressed as follows: If to the Company: 0000 Xxxxx Xxxxxxx Roswell, Georgia 30076 Attention: Xxxxx X. Blazer Facsimile: (000) 000-0000 with a copy to: Xxxxxx & Bird One Atlantic Center 0000 Xxxx Xxxxxxxxx Xxxxxx Xxxxxxx, Xxxxxxx 00000-0000 Attention: Xxxx X. Xxxxxx Facsimile: (000) 000-0000 If to Newco: Progressive Food Concepts, Inc. 00000 Xxxxxx Xxxx Xxxxxxx Xxxxxx, Xxxxxxxx 00000 Attention: Xxxx X. Xxxxxx Facsimile: (000) 000-0000 with a copy to: Progressive Food Concepts, Inc. 00000 Xxxxxx Xxxx Xxxxxxx Xxxxxx, Xxxxxxxx 00000 Attention: General Counsel Facsimile: (000) 000-0000 Any party may change the address to which notices hereunder are to be sent to it by giving written notice of such change of address in the manner herein provided for giving notice. Any notice delivered personally shall be deemed to have been given when so delivered. Any notice delivered by facsimile transmission shall be deemed to have been given on the earlier of the date it is actually received or one day after such transmission. Any notice delivered by overnight express courier will be deemed to have been given on the next succeeding business day after the day it is sent to the intended recipient at the address set forth above, and any notice delivered by registered or certified mail or express mail delivery service shall be deemed to have been duly given on the earlier of the date it is actually received or three business days after it is sent to the intended recipient at the address set forth above.

Communications and Notices. All communications and notices -------------------------- provided -------------------------- for in this Agreement or under the Note Surviving Provisions shall be in writing and shall be deemed to have been duly given if delivered personally to the party to whose attention the notice is directed or sent by overnight express, facsimile transmission, express mail delivery service, or registered or certified mail, return receipt requested, postage prepaid, and properly addressed as follows: If to the Company: 0000 Xxxxx Einstein/Noah Bagel Corp. 00000 Xxxxxx Xxxx Xxxxxxx RoswellXxxxxx, Georgia 30076 XX 00000 Attention: Xxxxx X. Blazer Facsimile: (000) 000-0000 with a copy to: Xxxxxx & Bird One Atlantic Center 0000 Xxxx Xxxxxxxxx Xxxxxx Xxxxxxx, Xxxxxxx 00000-0000 Attention: Xxxx X. Xxxxxx General Counsel Facsimile: (000) 000-0000 If to NewcoBoston Chicken: Boston Chicken, Inc. 00000 Xxxxxx Xxxx Xxxxxxx Xxxxxx, Xxxxxxxx XX 00000 Attention: Xxxx X. Xxxxxx General Counsel Facsimile: (000) 000-0000 Any party may change the address to which notices hereunder are to be sent to it by giving written notice of such change of address in the manner herein provided for giving notice. Any notice delivered personally shall be deemed to have been given when so delivered. Any notice delivered by facsimile transmission shall be deemed to have been given on the earlier of the date it is actually received or one day after such transmission. Any notice delivered by overnight express courier will be deemed to have been given on the next succeeding business day after the day it is sent to the intended recipient at the address set forth above, and any notice delivered by registered or certified mail or express mail delivery service shall be deemed to have been duly given on the earlier of the date it is actually received or three business days after it is sent to the intended recipient at the address set forth above.

Communications and Notices. All communications and notices provided -------------------------- for in this Agreement or under the Note shall be in writing and shall be deemed to have been duly given if delivered personally to the party to whose attention the notice is directed or sent by overnight express, facsimile transmission, express mail delivery service, or registered or certified mail, return receipt requested, postage prepaid, and properly addressed as follows: If to CompanyDEVELOPER: 0000 Xxxxx Xxxxxxx RoswellEinstein/Noah Bagel Partners, Georgia 30076 Attention: Xxxxx X. Blazer Facsimile: (000) 000-0000 with a copy to: Xxxxxx & Bird One Atlantic Center 0000 Xxxx Xxxxxxxxx Xxxxxx Xxxxxxx, Xxxxxxx 00000-0000 Attention: Xxxx X. Xxxxxx Facsimile: (000) 000-0000 If to Newco: 00000 L.P. c/o Einstein/Noah Bagel Corp 14120 Xxxxxx Xxxx Xxxxxxx Xxxxxx, Xxxxxxxx XX 00000 Attention: General Partner If to the Company: Einstein/Noah Bagel Corp. 14120 Xxxxxx Xxxx X. Xxxxxx FacsimileXxxxxxx Xxxxxx, XX 00000 Attention: (000) 000-0000 Chief Financial Officer Any party may change the address to which notices hereunder are to be sent to it by giving written notice of such change of address in the manner herein provided for giving notice. Any notice delivered personally shall be deemed to have been given when so delivered. Any notice delivered by facsimile transmission shall be deemed to have been given on the earlier of the date it is actually received or one day after such transmission. Any notice delivered by overnight express courier will be deemed to have been been, given on the next succeeding business day after the day it is sent to the intended recipient at the address set forth above, and any notice delivered by registered or certified mail or express mail delivery service shall be deemed to have been duly given on the earlier of the date it is actually received or three business days after it is sent to the intended recipient at the address set forth above.

Communications and Notices. All communications and notices provided -------------------------- for in this Agreement or under and the Note shall be in writing and, if to the Issuer, mailed certified mail, return receipt requested, delivered or transmitted by facsimile to it at Xxx Xxxxxxxx Xxxx, Xxxxxxxx, Xxxxxxxx 00000, Fax No. (000) 000-0000, Confirmation No. (000) 000-0000, Attention: Treasurer, provided that any notice pursuant to Section 9 hereof shall also be delivered or transmitted to the Issuer at Xxx Xxxxxxxx Xxxx, Xxxxxxxx, Xxxxxxxx 00000, Fax No. (000) 000-0000, Confirmation No. (000) 000-0000, Attention: Secretary, and, if to any Subsidiary Guarantor, mailed certified mail, return receipt requested, delivered or transmitted by facsimile to it c/o the Issuer at the address and facsimile number specified above, or at any other address which the Issuer or any Subsidiary Guarantor, as the case may be, may hereafter designate by written notice to you, and, if to you, mailed, delivered or transmitted by facsimile to you at 00000 Xxxxxxxx Xxxxx Xxxxx, Xxxxxxx Xxxxx #0, Xxxxxxxx, XX 00000, Fax No. (000) 000-0000, Confirmation No. (000) 000-0000, Attention: President, or to such other address and to such attention as you may from time to time designate to the Issuer in writing. Except as specified herein, all notices and other communications shall be deemed to have been duly given (i) on the date of delivery if delivered personally to personally, (ii) five days following posting if transmitted by U.S. mail or (iii) on the party to whose attention the notice is directed or sent day of transmission if transmitted by overnight express, facsimile transmission, express mail delivery service, or registered or certified mail, return (provided receipt requested, postage prepaid, and properly addressed as follows: If to Company: 0000 Xxxxx Xxxxxxx Roswell, Georgia 30076 Attention: Xxxxx X. Blazer Facsimile: (000) 000-0000 with a copy to: Xxxxxx & Bird One Atlantic Center 0000 Xxxx Xxxxxxxxx Xxxxxx Xxxxxxx, Xxxxxxx 00000-0000 Attention: Xxxx X. Xxxxxx Facsimile: (000) 000-0000 If to Newco: 00000 Xxxxxx Xxxx Xxxxxxx Xxxxxx, Xxxxxxxx 00000 Attention: Xxxx X. Xxxxxx Facsimile: (000) 000-0000 Any party may change the address to which notices hereunder are to be sent to it by giving written notice of such change of address in transmission is confirmed by the manner herein provided for giving notice. Any notice delivered personally recipient thereof by telephone), whichever shall be deemed to have been given when so delivered. Any notice delivered by facsimile transmission shall be deemed to have been given on the earlier of the date it is actually received or one day after such transmission. Any notice delivered by overnight express courier will be deemed to have been given on the next succeeding business day after the day it is sent to the intended recipient at the address set forth above, and any notice delivered by registered or certified mail or express mail delivery service shall be deemed to have been duly given on the earlier of the date it is actually received or three business days after it is sent to the intended recipient at the address set forth abovefirst occur.

Communications and Notices. All communications and notices provided -------------------------- for in this Agreement or under the Note shall be in writing and shall be deemed to have been duly given if delivered personally to the party to whose attention the notice is directed or sent by overnight express, facsimile transmission, express mail delivery service, or registered or certified mail, return receipt requested, postage prepaid, and properly addressed as follows: If to the Company: 0000 Xxxxx Xxxxxxx Roswell, Georgia 30076 Attention: Xxxxx X. Blazer Facsimile: (000) 000-0000 with a copy to: Xxxxxx & Bird One Atlantic Center 0000 Xxxx Xxxxxxxxx Xxxxxx Xxxxxxx, Xxxxxxx 00000-0000 Attention: Xxxx X. Xxxxxx Facsimile: (000) 000-0000 If to Newco: 00000 Xxxxxx Xxxx Xxxxxxx Xxxxxx, Xxxxxxxx 00000 Attention: Xxxx X. Xxxxxx Facsimile: (000) 000-0000 Any party may change the address to which notices hereunder are to be sent to it by giving written notice of such change of address in the manner herein provided for giving notice. Any notice delivered personally shall be deemed to have been given when so delivered. Any notice delivered by facsimile transmission shall be deemed to have been given on the earlier of the date it is actually received or one day after such transmission. Any notice delivered by overnight express courier will be deemed to have been given on the next succeeding business day after the day it is sent to the intended recipient at the address set forth above, and any notice delivered by registered or certified mail or express mail delivery service shall be deemed to have been duly given on the earlier of the date it is actually received or three business days after it is sent to the intended recipient at the address set forth above.