Electronic Delivery of Certain Information. a. Documents required to be delivered pursuant to the Loan Documents shall be delivered by electronic communication and delivery, including, the Internet, e-mail or intranet websites to which Administrative Agent and each Lender have access (including a commercial, third-party website such as xxx.Xxxxx.com <xxxx://xxx.Xxxxx.com> or a website sponsored or hosted by Administrative Agent or Borrower) provided that: (i) the foregoing shall not apply to notices to any Lender pursuant to Article II; and (ii) the Lender has not notified Administrative Agent or Borrower that it cannot or does not want to receive electronic communications. Administrative Agent or Borrower may, in its discretion, agree to accept notices and other communications to it hereunder by electronic delivery pursuant to procedures approved by it for all or particular notices or communications. Documents or notices delivered electronically shall be deemed to have been delivered twenty-four (24) hours after the date and time on which Administrative Agent or Borrower posts such documents or the documents become available on a commercial website and Administrative Agent or Borrower notifies each Lender of said posting and provides a link thereto provided if such notice or other communication is not sent or posted during the normal business hours of the recipient, said posting date and time shall be deemed to have commenced as of 12:00 noon on the opening of business on the next business day for the recipient. Notwithstanding anything contained herein, in every instance Borrower shall be required to provide paper copies of the certificate required by Section 8.12(g) to Administrative Agent and shall deliver paper copies of any documents to Administrative Agent or to any Lender that requests such paper copies until a written request to cease delivering paper copies is given by Administrative Agent or such Lender. Except for the certificates required by Section 8.12(g), Administrative Agent shall have no obligation to request the delivery of or to maintain paper copies of the documents delivered electronically, and in any event shall have no responsibility to monitor compliance by Borrower with any such request for delivery. Each Lender shall be solely responsible for requesting delivery to it of paper copies and maintaining its paper or electronic documents.
Appears in 1 contract
Electronic Delivery of Certain Information. a. Documents If requested by Administrative Agent, documents required to be delivered by Borrower pursuant to the Loan Documents shall be delivered delivered, in addition to the method set forth in Section 14.1 above, by electronic communication and delivery, including, including the Internet, e-mail or intranet websites to which Administrative Agent and each Lender have access (including a commercial, third-party website such as xxx.Xxxxx.com <xxxx://xxx.Xxxxx.com> wxx.Xxxxx.xxx or a website sponsored or hosted by Administrative Agent or Borrower) Agent), provided that: (i) the foregoing shall not apply to notices to any Lender pursuant to Article II; and (ii) the that no Lender has not notified Administrative Agent or Borrower that it cannot or does not want to receive electronic communications. Administrative Agent or Borrower may, in its reasonable discretion, agree to accept notices and other communications to it hereunder by electronic delivery pursuant to procedures approved by it for all or particular notices or communications. Documents or notices delivered electronically shall by Borrower may be deemed to have been delivered twenty-four (24) hours after the date and time on which posted by Administrative Agent or Borrower posts such documents or the documents become available on a commercial website and Administrative Agent or Borrower notifies shall notify each Lender of said posting and provides shall provide a link thereto provided if thereto. It being understood that the posting of said documents shall constitute notice and delivery of such notice or other communication is not sent or posted during the normal business hours of the recipient, said posting date documents to Lenders by Administrative Agent as required hereunder and time delivery shall be deemed properly given pursuant to have commenced Section 14.1 as of 12:00 noon on the opening date of business on the next business day for the recipientsaid posting by Administrative Agent. Notwithstanding anything contained herein, in every instance Borrower shall be required to provide paper copies of the certificate required by Section 8.12(g) any Officer’s Certificate to Administrative Agent and shall deliver paper copies of any all documents to Administrative Agent or to any Lender that requests such paper copies until a written request to cease delivering paper copies is given by Administrative Agent or such Lender(on behalf of Lenders). Except for the certificates required by Section 8.12(g)Officer’s Certificate, Administrative Agent shall have no obligation to request the delivery of or to maintain paper copies of the documents delivered electronicallyelectronically and, and in any event event, shall have no responsibility to monitor compliance by Borrower with any such request for delivery. Each Lender shall be solely responsible for requesting delivery to it of paper copies and maintaining its paper or electronic documents.
Appears in 1 contract
Samples: Loan Agreement (Brookfield DTLA Fund Office Trust Investor Inc.)
Electronic Delivery of Certain Information. a. Documents If requested by Administrative Agent, documents required to be delivered by Borrower pursuant to the Loan Documents shall be delivered delivered, in addition to the method set forth in Section 14.1 above, by electronic communication and delivery, including, including the Internet, e-mail or intranet websites to which Administrative Agent and each Lender have access (including a commercial, third-party 117 website such as xxx.Xxxxx.com <xxxx://xxx.Xxxxx.com> or a website sponsored or hosted by Administrative Agent or Borrower) Agent), provided that: (i) the foregoing shall not apply to notices to any Lender pursuant to Article II; and (ii) the that no Lender has not notified Administrative Agent or Borrower that it cannot or does not want to receive electronic communications. Administrative Agent or Borrower may, in its discretion, agree to accept notices and other communications to it hereunder by electronic delivery pursuant to procedures approved by it for all or particular notices or communications. Documents or notices delivered electronically shall by Borrower may be deemed to have been delivered twenty-four (24) hours after the date and time on which posted by Administrative Agent or Borrower posts such documents or the documents become available on a commercial website and Administrative Agent or Borrower notifies shall notify each Lender of said posting and provides shall provide a link thereto provided if thereto. It being understood that the posting of said documents shall constitute notice and delivery of such notice or other communication is not sent or posted during the normal business hours of the recipient, said posting date documents to Lenders by Administrative Agent as required hereunder and time delivery shall be deemed properly given pursuant to have commenced Section 14.1 as of 12:00 noon on the opening date of business on the next business day for the recipientsaid posting by Administrative Agent. Notwithstanding anything contained hereinherein but subject to the terms and provisions of Section 4.12(d) hereof, in every instance Borrower shall be required to provide paper copies of the certificate required by Section 8.12(g) any Officer’s Certificate to Administrative Agent and shall deliver paper copies of any all documents to Administrative Agent or to any Lender that requests such paper copies until a written request to cease delivering paper copies is given by Administrative Agent or such Lender(on behalf of Lenders). Except for the certificates required by Section 8.12(g)Officer’s Certificate, Administrative Agent shall have no obligation to request the delivery of or to maintain paper copies of the documents delivered electronicallyelectronically and, and in any event event, shall have no responsibility to monitor compliance by the Borrower with any such request for delivery. Each Lender shall be solely responsible for requesting delivery to it of paper copies and maintaining its paper or electronic documents.
Appears in 1 contract
Samples: Loan Agreement (Cole Credit Property Trust III, Inc.)
Electronic Delivery of Certain Information. a. Documents If requested by Administrative Agent, documents required to be delivered by Borrower pursuant to the Loan Documents shall be delivered delivered, in addition to the method set forth in Section 16.24 above, by electronic communication and delivery, including, including the Internet, e-mail or intranet websites to which Administrative Agent and each Lender Party have access (including a commercial, third-party website such as xxx.Xxxxx.com <xxxx://xxx.Xxxxx.com> or a website sponsored or hosted by Administrative Agent or Borrower) Agent), provided that: (i) the foregoing shall not apply to notices to any that no Lender pursuant to Article II; and (ii) the Lender Party has not notified Administrative Agent or Borrower that it cannot or does not want to receive electronic communications. Administrative Agent or Borrower may, in its discretion, agree to accept notices and other communications to it hereunder by electronic delivery pursuant to procedures approved by it for all or particular notices or communications. Documents or notices delivered electronically shall by Borrower may be deemed to have been delivered twenty-four (24) hours after the date and time on which posted by Administrative Agent or Borrower posts such documents or the documents become available on a commercial website and Administrative Agent or Borrower notifies shall notify each Lender Party of said posting and provides shall provide a link thereto provided if such notice or other communication is not sent or posted during the normal business hours of the recipient, said posting date and time shall be deemed to have commenced as of 12:00 noon on the opening of business on the next business day for the recipientthereto. Notwithstanding anything contained herein, in every instance Borrower shall be required to provide paper copies of the certificate required by Section 8.12(g) any Officer’s Certificate to Administrative Agent and shall deliver paper copies of any all documents to Administrative Agent or to any Lender that requests such paper copies until a written request to cease delivering paper copies is given by Administrative Agent or such Lender(on behalf of Lender Parties). Except for the certificates required by Section 8.12(g)Officer’s Certificate, Administrative Agent shall have no obligation to request the delivery of or to maintain paper copies of the documents delivered electronicallyelectronically and, and in any event event, shall have no responsibility to monitor compliance by the Borrower with any such request for delivery. Each Lender Party shall be solely responsible for requesting delivery to it of paper copies and maintaining its paper or electronic documents.
Appears in 1 contract
Samples: Loan Agreement (Dividend Capital Total Realty Trust Inc.)
Electronic Delivery of Certain Information. a. Documents If requested by Administrative Agent, documents required to be delivered by Borrower pursuant to the Loan Documents shall be delivered delivered, in addition to the method set forth in Section 14.1 above, by electronic communication and delivery, including, including the Internet, e-mail or intranet websites to which Administrative Agent and each Lender have access (including a commercial, third-party website such as xxx.Xxxxx.com <xxxx://xxx.Xxxxx.com> or a website sponsored or hosted by Administrative Agent or Borrower) Agent), provided that: (i) the foregoing shall not apply to notices to any Lender pursuant to Article II; and (ii) the that no Lender has not notified Administrative Agent or Borrower that it cannot or does not want to receive electronic communications. Administrative Agent or Borrower may, in its discretion, agree to accept notices and other communications to it hereunder by electronic delivery pursuant to procedures approved by it for all or particular notices or communications. Documents or notices delivered electronically shall by Borrower may be deemed to have been delivered twenty-four (24) hours after the date and time on which posted by Administrative 108 Agent or Borrower posts such documents or the documents become available on a commercial website and Administrative Agent or Borrower notifies shall notify each Lender of said posting and provides shall provide a link thereto provided if thereto. It being understood that the posting of said documents shall constitute notice and delivery of such notice or other communication is not sent or posted during the normal business hours of the recipient, said posting date documents to Lenders by Administrative Agent as required hereunder and time delivery shall be deemed properly given pursuant to have commenced Section 14.1 as of 12:00 noon on the opening date of business on the next business day for the recipientsaid posting by Administrative Agent. Notwithstanding anything contained hereinherein but subject to the terms and provisions of Section 4.12(d) hereof, in every instance Borrower shall be required to provide paper copies of the certificate required by Section 8.12(g) any Officer’s Certificate to Administrative Agent and shall deliver paper copies of any all documents to Administrative Agent or to any Lender that requests such paper copies until a written request to cease delivering paper copies is given by Administrative Agent or such Lender(on behalf of Lenders). Except for the certificates required by Section 8.12(g)Officer’s Certificate, Administrative Agent shall have no obligation to request the delivery of or to maintain paper copies of the documents delivered electronicallyelectronically and, and in any event event, shall have no responsibility to monitor compliance by the Borrower with any such request for delivery. Each Lender shall be solely responsible for requesting delivery to it of paper copies and maintaining its paper or electronic documents.
Appears in 1 contract
Samples: Loan Agreement (Cole Credit Property Trust III, Inc.)