Electronic Delivery of Certain Information. If requested by Administrative Agent, documents required to be delivered by Borrower pursuant to the Loan Documents shall be delivered, in addition to the method set forth in Section 14.1 above, 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), provided that no Lender has notified Administrative Agent that it cannot or does not want to receive electronic communications. Administrative Agent 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 by Borrower may be posted by Administrative 108 Agent on a commercial website and Administrative Agent shall notify each Lender of said posting and shall provide a link thereto. It being understood that the posting of said documents shall constitute notice and delivery of such documents to Lenders by Administrative Agent as required hereunder and delivery shall be deemed properly given pursuant to Section 14.1 as of the date of said posting by Administrative Agent. Notwithstanding anything contained herein 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 any Officer’s Certificate to Administrative Agent and shall deliver paper copies of all documents to Administrative Agent until a written request to cease delivering paper copies is given by Administrative Agent (on behalf of Lenders). Except for the Officer’s Certificate, Administrative Agent shall have no obligation to maintain paper copies of the documents delivered electronically and, in any 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. If requested by Administrative Agent, documents (a) Documents required to be delivered by Borrower pursuant to the Loan Documents shall be delivered, in addition to the method set forth in Section 14.1 above, delivered 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), Agent or Borrower) provided that no 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 by shall be deemed to have been delivered twenty-four (24) hours after the date and time on which Administrative Agent or Borrower may be posted by Administrative 108 Agent posts such documents or the documents become available on a commercial website and Administrative Agent shall notify or Borrower notifies each Lender of said posting and shall provide provides a link thereto. It being understood that thereto provided if such notice or other communication is not sent or posted during the normal business hours of the recipient, said posting of said documents shall constitute notice date and delivery of such documents to Lenders by Administrative Agent as required hereunder and delivery time shall be deemed properly given pursuant to Section 14.1 have commenced as of 12:00 noon on the date opening of said posting by Administrative Agentbusiness on the next business day for the recipient. Notwithstanding anything contained herein but subject to the terms and provisions of Section 4.12(d) hereofherein, in every instance Borrower shall be required to provide paper copies of any Officer’s Certificate the certificate required by Section 8.12(g) to Administrative Agent and shall deliver paper copies of all 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 (on behalf of Lenders)or such Lender. Except for the Officer’s Certificatecertificates 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 andelectronically, 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
Electronic Delivery of Certain Information. If requested by Administrative Agent, documents (a) Documents required to be delivered by Borrower pursuant to the Loan Documents shall may be delivered, in addition to the method set forth in Section 14.1 above, delivered by electronic communication and delivery, including including, the Internet, e-mail or intranet websites to which the 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 the Administrative Agent), Agent or the Borrower) provided that no the foregoing shall not apply to (i) notices to any Lender (or the Issuing Bank) pursuant to Article II. and (ii) any Lender that has notified the Administrative Agent and the Borrower that it cannot or does not want to receive electronic communications. The Administrative Agent Agent, the Parent or the 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 by shall be deemed to have been delivered 24 hours after the date and time on which the Administrative Agent, the Parent or the Borrower may be posted by Administrative 108 Agent posts such documents or the documents become available on a commercial website and the Administrative Agent shall notify Agent, the Parent or Borrower notifies each Lender of said posting and shall provide provides a link thereto. It being understood that thereto provided if such notice or other communication is not sent or posted during the normal business hours of the recipient, said posting of said documents shall constitute notice date and delivery of such documents to Lenders by Administrative Agent as required hereunder and delivery time shall be deemed properly given pursuant to Section 14.1 have commenced as of 12:00 noon Eastern time on the date opening of said posting by Administrative Agentbusiness on the next business day for the recipient. Notwithstanding anything contained herein but subject to herein, the terms Parent and provisions of Section 4.12(d) hereofthe Borrower, in every instance Borrower shall be required to provide paper copies of any Officer’s Certificate to Administrative Agent and as applicable, shall deliver paper copies of all any documents to the Administrative Agent or to any Lender that requests such paper copies until a written request to cease delivering paper copies is given by the Administrative Agent (on behalf of Lenders)or such Lender. Except for Compliance Certificates, the Officer’s Certificate, Administrative Agent shall have no obligation to request the delivery of or to maintain paper copies of the documents delivered electronically andelectronically, 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
Electronic Delivery of Certain Information. If requested by Administrative Agent, documents (a) Documents required to be delivered by Borrower pursuant to the Loan Documents shall be delivered, in addition to the method set forth in Section 14.1 above, delivered by electronic communication and delivery, including including, the Internet, e-mail or intranet websites to which the Administrative Agent and each Lender have access (including a commercial, third-party website such as xxx.Xxxxx.com xxx.xxx.xxx <xxxx://xxx.Xxxxx.comxxxx://xxx.xxx.xxx> or a website sponsored or hosted by the Administrative Agent), the Parent or the Borrower) provided that no the foregoing shall not apply to (i) notices to any Lender (or any Issuing Bank) pursuant to Article II. and (ii) any Lender that has notified the Administrative Agent Agent, the Parent and the Borrower that it cannot or does not want to receive electronic communications, (iii) notices of Default or Event of Default. The Administrative Agent Agent, the Parent or the 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 by shall be deemed to have been delivered twenty-four (24) hours after the date and time on which the Administrative Agent, the Parent or the Borrower may be posted by Administrative 108 Agent posts such documents or the documents become available on a commercial website and the Administrative Agent shall notify Agent, the Parent or Borrower notifies each Lender of said posting and shall provide provides a link thereto. It being understood that thereto provided if such notice or other communication is not sent or posted during the normal business hours of the recipient, said posting of said documents shall constitute notice date and delivery of such documents to Lenders by Administrative Agent as required hereunder and delivery time shall be deemed properly given pursuant to Section 14.1 have commenced as of 11:00 a.m. Central time on the date opening of said posting by Administrative Agentbusiness on the next business day for the recipient. Notwithstanding anything contained herein but subject to the terms and provisions of Section 4.12(d) hereofherein, in every instance the Parent or the Borrower shall be required to provide paper copies of any Officer’s Certificate the certificate required by Section 9.3. to the Administrative Agent and shall deliver paper copies of all any documents to the Administrative Agent until a written request to cease delivering paper copies is given by the Administrative Agent (on behalf of Lenders)Agent. Except for the Officer’s Certificatecertificates required by Section 9.3., the Administrative Agent shall have no obligation to request the delivery of or to maintain paper copies of the documents delivered electronically andelectronically, 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. (b) Documents required to be delivered pursuant to Article II. may be delivered electronically to a website provided for such purpose by the Administrative Agent pursuant to the procedures provided to the Parent and the Borrower by the Administrative Agent.
Appears in 1 contract
Samples: Credit Agreement (Saul Centers Inc)
Electronic Delivery of Certain Information. If requested by Administrative Agent, documents required to be delivered by Borrower pursuant to the Loan Documents shall be delivered, in addition to the method set forth in Section 14.1 above, 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 117 website such as xxx.Xxxxx.com <xxxx://xxx.Xxxxx.com> or a website sponsored or hosted by Administrative Agent), provided that no Lender has notified Administrative Agent that it cannot or does not want to receive electronic communications. Administrative Agent 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 by Borrower may be posted by Administrative 108 Agent on a commercial website and Administrative Agent shall notify each Lender of said posting and shall provide a link thereto. It being understood that the posting of said documents shall constitute notice and delivery of such documents to Lenders by Administrative Agent as required hereunder and delivery shall be deemed properly given pursuant to Section 14.1 as of the date of said posting by Administrative Agent. Notwithstanding anything contained herein 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 any Officer’s Certificate to Administrative Agent and shall deliver paper copies of all documents to Administrative Agent until a written request to cease delivering paper copies is given by Administrative Agent (on behalf of Lenders). Except for the Officer’s Certificate, Administrative Agent shall have no obligation to maintain paper copies of the documents delivered electronically and, in any 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. If requested by Administrative Agent, documents (a) Documents required to be delivered by Borrower pursuant to the Loan Documents shall may be delivered, in addition to the method set forth in Section 14.1 above, delivered by electronic communication and delivery, including including, the Internet, e-mail or intranet websites to which the 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 the Administrative Agent), Agent or the Borrower) provided that no the foregoing shall not apply to notices to any Lender (or the Issuing Bank) pursuant to Article II. if such Lender that has notified the Administrative Agent and the Borrower that it cannot or does not want to receive electronic communications. The Administrative Agent Agent, the Parent or the 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 by posting to an Internet or intranet website shall be deemed to have been delivered 24 hours after the date and time on which the Administrative Agent or the Borrower may be posted by Administrative 108 Agent posts such documents or the documents become available on a commercial website and the Administrative Agent shall notify or Borrower notifies each Lender of said posting and shall provide provides a link thereto. It being understood that ; provided if such notice or other communication is not sent or posted during the normal business hours of the recipient, said posting of said documents shall constitute notice date and delivery of such documents to Lenders by Administrative Agent as required hereunder and delivery time shall be deemed properly given pursuant to Section 14.1 have commenced as of 11:00 a.m. Eastern time on the date opening of said posting by Administrative Agentbusiness on the next business day for the recipient. Notwithstanding anything contained herein but subject to herein, the terms and provisions of Section 4.12(d) hereof, in every instance Borrower shall be required to provide paper copies of any Officer’s Certificate to Administrative Agent and shall deliver paper copies of all any documents to the Administrative Agent or to any Lender that requests such paper copies until a written request to cease delivering paper copies is given by the Administrative Agent (on behalf of Lenders)or such Lender. Except for the Officer’s Certificate, The Administrative Agent shall have no obligation to request the delivery of or to maintain paper copies of the documents delivered electronically andelectronically, 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
Electronic Delivery of Certain Information. If requested by Administrative Agent, documents (a) Documents required to be delivered by Borrower pursuant to the Loan Documents shall be delivered, in addition to the method set forth in Section 14.1 above, delivered by electronic communication and delivery, including including, the Internet, e-mail or intranet websites to which the 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 the Administrative Agent), Agent or the Borrower) provided that no the foregoing shall not apply to (i) notices to any Lender (or the Issuing Bank) pursuant to Article II. and (ii) any Lender that has notified the Administrative Agent and the Borrower that it cannot or does not want to receive electronic communications. The Administrative Agent or the 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 by shall be deemed to have been delivered twenty-four (24) hours after the date and time on which the Administrative Agent or the Borrower may be posted by Administrative 108 Agent posts such documents or the documents become available on a commercial website and the Administrative Agent shall notify or Borrower notifies each Lender of said posting and shall provide provides a link thereto. It being understood that thereto provided if such notice or other communication is not sent or posted during the normal business hours of the recipient, said posting of said documents shall constitute notice date and delivery of such documents to Lenders by Administrative Agent as required hereunder and delivery time shall be deemed properly given pursuant to Section 14.1 have commenced as of 9:00 a.m. Pacific time on the date opening of said posting by Administrative Agentbusiness on the next business day for the recipient. Notwithstanding anything contained herein but subject to the terms and provisions of Section 4.12(d) hereofherein, in every instance the Borrower shall be required to provide paper copies of any Officer’s Certificate the certificate required by Section 9.3. to the Administrative Agent and shall deliver paper copies of all any documents to the Administrative Agent or to any Lender that requests such paper copies until a written request to cease delivering paper copies is given by the Administrative Agent (on behalf of Lenders)or such Lender. Except for the Officer’s Certificatecertificates required by Section 9.3., the Administrative Agent shall have no obligation to request the delivery of or to maintain paper copies of the documents delivered electronically andelectronically, 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
Electronic Delivery of Certain Information. If requested by Administrative Agent, documents (a) Documents required to be delivered by Borrower pursuant to the Loan Documents shall may be delivered, in addition to the method set forth in Section 14.1 above, delivered by electronic communication and delivery, including including, the Internet, e-mail or intranet websites to which the 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 the Administrative Agent), Agent or the Borrower) provided that no the foregoing shall not apply to (i) notices to any Lender (or the Issuing Bank) pursuant to Article II and (ii) any Lender that has notified the Administrative Agent and the Borrower that it cannot or does not want to receive electronic communications. The Administrative Agent or the 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 by shall be deemed to have been delivered twenty-four (24) hours after the date and time on which the Administrative Agent or the Borrower may be posted by Administrative 108 Agent posts such documents or the documents become available on a commercial website website, and the Administrative Agent shall notify or the Borrower notifies each Lender of said posting and shall provide provides a link thereto. It being understood that thereto provided if such notice or other communication is not sent or posted during the normal business hours of the recipient, said posting of said documents shall constitute notice date and delivery of such documents to Lenders by Administrative Agent as required hereunder and delivery time shall be deemed properly given pursuant to Section 14.1 have commenced as of 11:00 a.m. Central time on the date opening of said posting by Administrative Agentbusiness on the next Business Day for the recipient. Notwithstanding anything contained herein but subject to herein, the terms and provisions of Section 4.12(d) hereof, in every instance Borrower shall be required to provide paper copies of any Officer’s Certificate to Administrative Agent and shall deliver paper copies of all any documents to the Administrative Agent or to any Lender that requests such paper copies until a written request to cease delivering paper copies is given by the Administrative Agent (on behalf of Lenders)or such Lxxxxx. Except for the Officer’s Certificate, The Administrative Agent shall have no obligation to request the delivery of or to maintain paper copies of the documents delivered electronically andelectronically, 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
Electronic Delivery of Certain Information. If requested by Administrative Agent, documents (a) Documents required to be delivered by Borrower pursuant to the Loan Documents shall be delivered, in addition to the method set forth in Section 14.1 above, delivered by electronic communication and delivery, including the Internet, e-mail or intranet websites to which the Administrative Agent and each Lender have access (including a commercial, third-party website such as xxx.Xxxxx.com xxx.xxx.xxx <xxxx://xxx.Xxxxx.comxxxx://xxx.xxx.xxx> or a website sponsored or hosted by the Administrative Agent), Agent or the Borrower) provided that no the foregoing shall not apply to (i) notices to any Lender pursuant to Article II. and (ii) any Lender that has notified the Administrative Agent and the Borrower that it cannot or does not want to receive electronic communications. The Administrative Agent or the 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 by shall be deemed to have been delivered twenty-four (24) hours after the date and time on which the Administrative Agent or the Borrower may be posted by Administrative 108 Agent posts such documents or the documents become available on a commercial website and the Administrative Agent shall notify or Borrower notifies each Lender of said posting and shall provide provides a link thereto. It being understood that thereto provided if such notice or other communication is not sent or posted during the normal business hours of the recipient, said posting of said documents shall constitute notice date and delivery of such documents to Lenders by Administrative Agent as required hereunder and delivery time shall be deemed properly given pursuant to Section 14.1 have commenced as of 12:00 p.m. Eastern time on the date opening of said posting by Administrative Agentbusiness on the next business day for the recipient. Notwithstanding anything contained herein but subject to herein, the terms and provisions of Section 4.12(d) hereof, in every instance Borrower shall be required to provide paper copies of any Officer’s Certificate to Administrative Agent and shall deliver paper copies of all any documents to the Administrative Agent or to any Lender that requests such paper copies until a written request to cease delivering paper copies is given by the Administrative Agent (on behalf of Lenders)or such Lender. Except for the Officer’s Certificatecertificates required by Section 8.3., the Administrative Agent shall have no obligation to request the delivery of or to maintain paper copies of the documents delivered electronically andelectronically, 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
Electronic Delivery of Certain Information. If requested by Administrative Agent, documents (a) Documents required to be delivered by Borrower pursuant to the Loan Documents shall may be delivered, in addition to the method set forth in Section 14.1 above, delivered by electronic communication and delivery, including including, the Internet, e-mail or intranet websites to which the Administrative Agent and each Lender have access (including a commercial, third-party website such as xxx.Xxxxx.com wwx.xxx.xxx <xxxx://xxx.Xxxxx.comhtxx://xxx.xxx.xxx> or a website sponsored or hosted by the Administrative Agent or the Parent (including, without limitation, on the Parent’s website)) provided that (i) the foregoing shall not apply to notices to any Lender (or the Issuing Bank) pursuant to Article II. and (ii) any Lender has not notified the Administrative Agent), provided that no Lender has notified Administrative Agent the Parent or the Borrower that it cannot or does not want to receive electronic communications. The Administrative Agent Agent, the Parent or the 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 by shall be deemed to have been delivered 24 hours after the date and time on which the Administrative Agent, the Parent or the Borrower may be posted by Administrative 108 Agent posts such documents or the documents become available on a commercial website and the Administrative Agent shall notify Agent, the Parent or the Borrower notifies each Lender of said posting and shall provide provides a link thereto. It being understood that thereto provided if such notice or other communication is not sent or posted during the normal business hours of the recipient, said posting of said documents shall constitute notice date and delivery of such documents to Lenders by Administrative Agent as required hereunder and delivery time shall be deemed properly given pursuant to Section 14.1 have commenced as of 9:00 a.m. on the date opening of said posting by Administrative Agentbusiness on the next Business Day for the recipient. Notwithstanding anything contained herein but subject to the terms and provisions of Section 4.12(d) hereofherein, in every instance Borrower the Parent shall be required to provide paper copies of any Officer’s Certificate the certificate required by Section 9.3. to the Administrative Agent and shall deliver paper copies of all any documents to the Administrative Agent or to any Lender that requests such paper copies until a written request to cease delivering paper copies is given by the Administrative Agent (on behalf of Lenders)or such Lender. Except for the Officer’s Certificatecertificates required by Section 9.3., the Administrative Agent shall have no obligation to request the delivery of or to maintain paper copies of the documents delivered electronically andelectronically, and in any event, event shall have no responsibility to monitor compliance by the Parent or 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: Assignment and Assumption Agreement (Excel Trust, Inc.)
Electronic Delivery of Certain Information. If requested by Administrative Agent, documents (a) Documents required to be delivered by Borrower pursuant to the Loan Documents shall be delivered, in addition to the method set forth in Section 14.1 above, delivered by electronic communication and delivery, including including, the Internet, e-mail or intranet websites to which the 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 the Administrative Agent), Agent or the Borrower) provided that no the foregoing shall not apply to (i) notices to any Lender (or the Issuing Bank) pursuant to Article II. except to the extent otherwise agreed by the Administrative Agent or the Issuing Bank, as the case may be, and (ii) any Lender that has notified the Administrative Agent and the Borrower that it cannot or does not want to receive electronic communications. In addition, the Borrower may deliver information required to be delivered pursuant to Sections 8.1., 8.2., and 8.5.(b) and (c) by posting any such information to the Borrower’s internet website (as of the Agreement Date, xxx.xxxxxxxxxxxxxx.xxx). Any such information provided in such manner shall be deemed to have been delivered to the Administrative Agent or a Lender only if such information is publicly available without charge on such website. If for any reason, such information was not generally available to the Administrative Agent or such Lender from such website, then the Administrative Agent or such Lender, as applicable, shall not be deemed to have received such information. In addition to any manner permitted by Section 12.1., the Borrower may notify the Administrative Agent or a Lender that information has been posted to such a website by causing an e-mail notification to be sent to an e-mail address specified from time to time by the Administrative Agent or such Lender, as applicable. The Administrative Agent or the 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 by shall be deemed to have been delivered on the date and time on which the Administrative Agent or the Borrower may be posted by Administrative 108 Agent posts such documents or the documents become available on a commercial website website, and except in the case of information required to be delivered pursuant to Sections 8.1., 8.2., and 8.5.(b) and (c), the Administrative Agent shall notify or Borrower notifies each Lender of said posting and shall provide provides a link thereto. It being understood that thereto provided if such notice or other communication is not sent or posted during the normal business hours of the recipient, said posting of said documents shall constitute notice date and delivery of such documents to Lenders by Administrative Agent as required hereunder and delivery time shall be deemed properly given pursuant to Section 14.1 have commenced as of 12:00 noon on the date opening of said posting by Administrative Agentbusiness on the next business day for the recipient. Notwithstanding anything contained herein but subject to the terms and provisions of Section 4.12(d) hereofherein, in every instance the Borrower shall be required to provide paper copies or electronic copies in portable document format (or other comparable format) of any Officer’s Certificate the certificate required by Section 8.3. to the Administrative Agent and shall deliver paper copies of all any documents (including the certificate required by Section 8.3.) to the Administrative Agent or to any Lender that requests such paper copies until a written request to cease delivering paper copies is given by the Administrative Agent (on behalf of Lenders)or such Lender. Except for the Officer’s Certificatecertificates required by Section 8.3., the Administrative Agent shall have no obligation to request the delivery of or to maintain paper copies of the documents delivered electronically andelectronically, 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
Electronic Delivery of Certain Information. If requested by Administrative Agent, documents (a) Documents required to be delivered by Borrower pursuant to the Loan Documents shall be delivered, in addition to the method set forth in Section 14.1 above, delivered by electronic communication and delivery, including including, the Internet, e-mail or intranet websites to which the Administrative Agent and each Lender have access (including a commercial, third-third party website such as xxx.Xxxxx.com <xxxx://xxx.Xxxxx.com> or a website sponsored or hosted by the Administrative Agent), Agent or the Borrower) provided that no (A) the foregoing shall not apply to notices to any Lender pursuant to Article II and (B) the Lender has not notified the Administrative Agent or Borrower that it cannot or does not want to receive electronic communications. The Administrative Agent or the 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 by shall be deemed to have been delivered twenty-four (24) hours after the date and time on which the Administrative Agent or the Borrower may be posted by Administrative 108 Agent posts such documents or the documents become available on a commercial website and the Administrative Agent shall notify or Borrower notifies each Lender of said posting and shall provide provides a link thereto. It being understood that thereto provided if such notice or other communication is not sent or posted during the normal business hours of the recipient, said posting of said documents shall constitute notice date and delivery of such documents to Lenders by Administrative Agent as required hereunder and delivery time shall be deemed properly given pursuant to Section 14.1 have commenced as of 9:00 a.m. on the date opening of said posting by Administrative Agentbusiness on the next Business Day for the recipient. Notwithstanding anything contained herein but subject to the terms and provisions of Section 4.12(d) hereofherein, in every instance the Borrower shall be required to provide paper copies of any Officer’s Certificate the certificate required by Section 9.3 to the Administrative Agent and shall deliver paper copies of all any documents to the Administrative Agent or to any Lender that requests such paper copies until a written request to cease delivering paper copies is given by the Administrative Agent (on behalf of Lenders)or such Lender. Except for the Officer’s Certificatecertificates required by Section 9.3, the Administrative Agent shall have no obligation to request the delivery of or to maintain paper copies of the documents delivered electronically andelectronically, 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
Electronic Delivery of Certain Information. If requested by Administrative Agent, documents (a) Documents required to be delivered by Borrower pursuant to the Loan Documents shall be delivered, in addition to the method set forth in Section 14.1 above, delivered by electronic communication and delivery, including including, the Internet, e-mail or intranet websites to which the Administrative Agent and each Lender have access (including a commercial, third-party website such as xxx.Xxxxx.com xxx.xxx.xxx <xxxx://xxx.Xxxxx.comxxxx://xxx.xxx.xxx> or a website sponsored or hosted by the Administrative Agent), Agent or the Borrower) provided that no the foregoing shall not apply to (i) notices to any Lender pursuant to Article II. and (ii) any Lender that has notified the Administrative Agent and the Borrower that it cannot or does not want to receive electronic communications. The Administrative Agent or the 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 by shall be deemed to have been delivered twenty-four (24) hours after the date and time on which the Administrative Agent or the Borrower may be posted by Administrative 108 Agent posts such documents or the documents become available on a commercial website and the Administrative Agent shall notify or Borrower notifies each Lender of said posting and shall provide a link thereto. It being understood that the posting of said documents shall constitute notice and delivery of such documents to Lenders by Borrower notifies Administrative Agent as required hereunder and delivery shall be deemed properly given pursuant to Section 14.1 as of the date of said posting by causing an e-mail notification to be sent to an e-email address specified from time to time by the Administrative AgentAgent and provides a link thereto provided (x) 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 10:00 a.m. Eastern time on the next business day for the recipient and (y) if the deemed time of delivery occurs on a day that is not a business day for the recipient, the deemed time of delivery shall be 10:00 a.m. Eastern time on the next business day for the recipient. Notwithstanding anything contained herein but subject to the terms and provisions of Section 4.12(d) hereofherein, in every instance the Borrower shall be required to provide paper copies of any Officer’s Certificate the certificate required by Section 8.3. to the Administrative Agent and shall deliver paper copies of all any documents to the Administrative Agent or to any Lender that requests such paper copies until a written request to cease delivering paper copies is given by the Administrative Agent (on behalf of Lenders)or such Lender. Except for the Officer’s Certificatecertificates required by Section 8.3., the Administrative Agent shall have no obligation to request the delivery of or to maintain paper copies of the documents delivered electronically andelectronically, 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
Electronic Delivery of Certain Information. If requested by Administrative Agent, documents (a) Documents required to be delivered by Borrower pursuant to the Loan Documents shall may be delivered, in addition to the method set forth in Section 14.1 above, delivered by electronic communication and delivery, including including, the Internet, e-mail or intranet websites to which the 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 the Administrative Agent), Agent or the Borrower) provided that no the foregoing shall not apply to (i) notices to any Lender (or the Issuing Bank) pursuant to Article II. and (ii) any Lender that has notified the Administrative Agent and the Borrower that it cannot or does not want to receive electronic communications. The Administrative Agent or the 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 by shall be deemed to have been delivered 24 hours after the date and time on which the Administrative Agent or the Borrower may be posted by Administrative 108 Agent posts such documents or the documents become available on a commercial website and the Administrative Agent shall notify or Borrower notifies each Lender of said posting and shall provide provides a link thereto. It being understood that thereto provided if such notice or other communication is not sent or posted during the normal business hours of the recipient, said posting of said documents shall constitute notice date and delivery of such documents to Lenders by Administrative Agent as required hereunder and delivery time shall be deemed properly given pursuant to Section 14.1 have commenced as of 11:00 a.m. Central time on the date opening of said posting by Administrative Agentbusiness on the next business day for the recipient. Notwithstanding anything contained herein but subject to herein, the terms and provisions of Section 4.12(d) hereof, in every instance Borrower shall be required to provide paper copies of any Officer’s Certificate to Administrative Agent and shall deliver paper copies of all any documents to the Administrative Agent or to any Lender that requests such paper copies until a written request to cease delivering paper copies is given by the Administrative Agent (on behalf of Lenders)or such Lender. Except for the Officer’s Certificate, The Administrative Agent shall have no obligation to request the delivery of or to maintain paper copies of the documents delivered electronically andelectronically, 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: Credit Agreement (NETSTREIT Corp.)
Electronic Delivery of Certain Information. If requested by Administrative Agent, documents (a) Documents required to be delivered by Borrower pursuant to the Loan Documents shall may be delivered, in addition to the method set forth in Section 14.1 above, delivered by electronic communication and delivery, including including, the Internet, e-mail or intranet websites to which the 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 the Administrative Agent), Agent or the Borrower) provided that no the foregoing shall not apply to (i) notices to any Lender (or any Issuing Bank) pursuant to Article II. and (ii) any Lender that has notified the Administrative Agent and the Borrower that it cannot or does not want to receive electronic communications. The Administrative Agent or the 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 by shall be deemed to have been delivered 24 hours after the date and time on which the Administrative Agent or the Borrower may be posted by Administrative 108 Agent posts such documents or the documents become available on a commercial website and the Administrative Agent shall notify or Borrower notifies each Lender of said posting and shall provide provides a link thereto. It being understood that thereto provided if such notice or other communication is not sent or posted during the normal business hours of the recipient, said posting of said documents shall constitute notice date and delivery of such documents to Lenders by Administrative Agent as required hereunder and delivery time shall be deemed properly given pursuant to Section 14.1 have commenced as of 11:00 a.m. Central time on the date opening of said posting by Administrative Agentbusiness on the next business day for the recipient. Notwithstanding anything contained herein but subject to herein, the terms and provisions of Section 4.12(d) hereof, in every instance Borrower shall be required to provide paper copies of any Officer’s Certificate to Administrative Agent and shall deliver paper copies of all any documents to the Administrative Agent or to any Lender that requests such paper copies until a written request to cease delivering paper copies is given by the Administrative Agent (on behalf of Lenders)or such Lxxxxx. Except for the Officer’s Certificate, The Administrative Agent shall have no obligation to request the delivery of or to maintain paper copies of the documents delivered electronically andelectronically, 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: Credit Agreement (NETSTREIT Corp.)
Electronic Delivery of Certain Information. If requested by Administrative Agent, documents required to be delivered by Borrower pursuant to the Loan Documents shall be delivered, in addition to the method set forth in Section 14.1 above, 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> wxx.Xxxxx.xxx or a website sponsored or hosted by Administrative Agent), provided that no Lender has notified Administrative Agent that it cannot or does not want to receive electronic communications. Administrative Agent 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 by Borrower may be posted by Administrative 108 Agent on a commercial website and Administrative Agent shall notify each Lender of said posting and shall provide a link thereto. It being understood that the posting of said documents shall constitute notice and delivery of such documents to Lenders by Administrative Agent as required hereunder and delivery shall be deemed properly given pursuant to Section 14.1 as of the date of said posting by Administrative Agent. Notwithstanding anything contained herein but subject to the terms and provisions of Section 4.12(d) hereofherein, in every instance Borrower shall be required to provide paper copies of any Officer’s Certificate to Administrative Agent and shall deliver paper copies of all documents to Administrative Agent until a written request to cease delivering paper copies is given by Administrative Agent (on behalf of Lenders). Except for the Officer’s Certificate, Administrative Agent shall have no obligation to maintain paper copies of the documents delivered electronically and, in any 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 (Brookfield DTLA Fund Office Trust Investor Inc.)
Electronic Delivery of Certain Information. If requested by Administrative Agent, documents (a) Documents required to be delivered by Borrower pursuant to the Loan Documents shall may be delivered, in addition to the method set forth in Section 14.1 above, delivered by electronic communication and delivery, including including, the Internet, e-mail or intranet websites to which the 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 the Administrative Agent), Agent or the Borrower) provided that no the foregoing shall not apply to (i) notices to any Lender pursuant to Article II. (provided such notices may be by e-mail) and (ii) any Lender that has notified the Administrative Agent and the Borrower that it cannot or does not want to receive electronic communications. The Administrative Agent or the 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 by shall be deemed to have been delivered 24 hours after the date and time on which the Administrative Agent or the Borrower may be posted by Administrative 108 Agent posts such documents or the documents become available on a commercial website and the Administrative Agent shall notify or Borrower notifies each Lender of said posting and shall provide provides a link thereto. It being understood that thereto provided if such notice or other communication is not sent or posted during the normal business hours of the recipient, said posting of said documents shall constitute notice date and delivery of such documents to Lenders by Administrative Agent as required hereunder and delivery time shall be deemed properly given pursuant to Section 14.1 have commenced as of 11:00 a.m. Central time on the date opening of said posting by Administrative Agentbusiness on the next business day for the recipient. Notwithstanding anything contained herein but subject to herein, the terms and provisions of Section 4.12(d) hereof, in every instance Borrower shall be required to provide paper copies of any Officer’s Certificate to Administrative Agent and shall deliver paper copies of all any documents to the Administrative Agent or to any Lender that requests such paper copies until a written request to cease delivering paper copies is given by the Administrative Agent (on behalf of Lenders)or such Lender. Except for the Officer’s Certificate, The Administrative Agent shall have no obligation to request the delivery of or to maintain paper copies of the documents delivered electronically andelectronically, 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: Credit Agreement (Dividend Capital Diversified Property Fund Inc.)
Electronic Delivery of Certain Information. If requested by Administrative Agent, documents required to be delivered by Borrower pursuant to the Loan Documents shall be delivered, in addition to the method set forth in Section 14.1 10.6 above, 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> xxxx://xxx.Xxxxx.com or xxx.xxxxxxxx.xxx or a website sponsored or hosted by Administrative Agent), provided that no Lender has notified Administrative Agent that it cannot or does not want to receive electronic communications. Administrative Agent 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 by Borrower Xxxxxxxx may be posted by Administrative 108 Agent on a commercial website and Administrative Agent shall notify each Lender of said posting and shall provide a link thereto. It being understood that the posting of said documents shall constitute notice and delivery of such documents to Lenders by Administrative Agent as required hereunder and delivery shall be deemed properly given pursuant to Section 14.1 10.6 as of the date of said posting by Administrative Agent. Notwithstanding anything contained herein but subject to the terms and provisions of Section 4.12(d) hereofUnless otherwise requested by Administrative Agent, in every instance Borrower shall not be required to provide paper copies of any Officer’s Certificate reports or other materials submitted to Administrative Agent and shall deliver paper copies of all documents pursuant to Administrative Agent until a written request to cease delivering paper copies is given by Administrative Agent (on behalf of Lenders)Section 5.1.11 or in connection with any requests for disbursements from Reserve Funds. Except for the Officer’s Certificate, Administrative Agent shall have no obligation to maintain paper copies of the documents delivered electronically and, in any 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. Documents required to be delivered by Borrower may be delivered electronically to a website provided for such purpose by Administrative Agent pursuant to the procedures provided to Borrower by Administrative Agent.
Appears in 1 contract
Electronic Delivery of Certain Information. If requested by Administrative Agent, documents (a) Documents required to be delivered by Borrower pursuant to the Loan Documents shall may be delivered, in addition to the method set forth in Section 14.1 above, delivered by electronic communication and delivery, including including, the Internet, e-mail or intranet websites to which the 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 the Administrative Agent), Agent or the Borrower) provided that no the foregoing shall not apply to (i) notices to any Lender (or the Issuing Bank) pursuant to Article II. and (ii) any Lender that has notified the Administrative Agent and the Borrower that it cannot or does not want to receive electronic communications. The Administrative Agent Agent, the Parent or the 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 by the Parent or Borrower to the Administrative Agent by e-mail to an e-mail address designated by the Administrative Agent in or pursuant to Section 12.1. shall be deemed received by the Administrative Agent upon the Parent’s or the Borrower’s receipt of an automated delivery receipt (such as by the “return receipt requested” function, as available) or written acknowledgement from the Administrative Agent; provided that if such email is not sent during normal business hours of the Administrative Agent, such notice or communication shall be deemed to have been sent at the opening of the next Business Day of the Administrative Agent. For this purpose, “normal business hours” of the Administrative Agent shall mean the period of time commencing at 9:00 a.m. and ending at 5:00 p.m. Eastern time. Documents and notices delivered by the Loan Parties by posting to an Internet or intranet website shall be delivered in accordance with the procedures provided in subsection (c) of this Section. Documents or notices delivered electronically by Borrower may the Administrative Agent by posting to an Internet or intranet website shall be posted by deemed to have been delivered 24 hours after the date and time on which the Administrative 108 Agent posts such documents or the documents become available on a commercial website and the Administrative Agent shall notify notifies each Lender of said posting and shall provide provides a link thereto. It being understood that , provided if such notice or other communication is not sent or posted during the normal business hours of the recipient, said posting of said documents shall constitute notice date and delivery of such documents to Lenders by Administrative Agent as required hereunder and delivery time shall be deemed properly given pursuant to Section 14.1 have commenced as of 12:00 noon Eastern time on the date opening of said posting by Administrative Agentbusiness on the next business day for the recipient. Notwithstanding anything contained herein but subject to herein, the terms Parent and provisions of Section 4.12(d) hereofthe Borrower, in every instance Borrower shall be required to provide paper copies of any Officer’s Certificate to Administrative Agent and as applicable, shall deliver paper copies of all any documents to the Administrative Agent or to any Lender that requests such paper copies until a written request to cease delivering paper copies is given by the Administrative Agent (on behalf of Lenders)or such Lender. Except for Compliance Certificates, the Officer’s Certificate, Administrative Agent shall have no obligation to request the delivery of or to maintain paper copies of the documents delivered electronically andelectronically, 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
Electronic Delivery of Certain Information. If requested by Administrative Agent, documents (a) Documents required to be delivered by Borrower pursuant to the Loan Documents shall be delivered, in addition to the method set forth in Section 14.1 above, delivered by electronic communication and delivery, including including, the Internet, e-mail or intranet websites to which the Administrative Agent and each Lender have access (including a commercial, third-party website such as xxx.Xxxxx.com xxx.xxx.xxx <xxxx://xxx.Xxxxx.comxxxx://xxx.xxx.xxx> or a website sponsored or hosted by the Administrative Agent), the Parent or the Borrower) provided that no the foregoing shall not apply to (i) notices to any Lender (or any Issuing Bank) pursuant to Article II. and (ii) any Lender that has notified the Administrative Agent Agent, the Parent and the Borrower that it cannot or does not want to receive electronic communications, (iii) notices of Default or Event of Default. The Administrative Agent Agent, the Parent or the 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 by shall be deemed to have been delivered twenty-four (24) hours after the date and time on which the Administrative Agent, the Parent or the Borrower may be posted by Administrative 108 Agent posts such documents or the documents become available on a commercial website and the Administrative Agent shall notify Agent, the Parent or Borrower notifies each Lender of said posting and shall provide provides a link thereto. It being understood that thereto provided if such notice or other communication is not sent or posted during the normal business hours of the recipient, said posting of said documents shall constitute notice date and delivery of such documents to Lenders by Administrative Agent as required hereunder and delivery time shall be deemed properly given pursuant to Section 14.1 have commenced as of 11:00 a.m. Central time on the date opening of said posting by Administrative Agentbusiness on the next business day for the recipient. Notwithstanding anything contained herein but subject to the terms and provisions of Section 4.12(d) hereofherein, in every instance the Parent or the Borrower shall be required to provide paper copies of any Officer’s Certificate the certificate required by Section 9.3. to the Administrative Agent and shall deliver paper copies of all any documents to the Administrative Agent until a written request to cease delivering paper copies is given by the Administrative Agent (on behalf of Lenders)Agent. Except for the Officer’s Certificatecertificates required by Section 9.3., the Administrative Agent shall have no obligation to request the delivery of or to maintain paper copies of the documents delivered electronically andelectronically, 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: Credit Agreement (Saul Centers Inc)
Electronic Delivery of Certain Information. If requested by Administrative Agent, documents (a) Documents required to be delivered by Borrower pursuant to the Loan Documents shall be delivered, in addition to the method set forth in Section 14.1 above, delivered 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), Agent or the Borrower) provided that no (A) the foregoing shall not apply to notices to any Lender pursuant to Article II and (B) Lender has not notified the 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 by shall be deemed to have been delivered twenty-four (24) hours after the date and time on which Administrative Agent or Borrower may be posted by Administrative 108 Agent posts such documents or the documents become available on a commercial website and Administrative Agent shall notify or Borrower notifies each Lender of said posting and shall provide provides a link thereto. It being understood that thereto provided if such notice or other communication is not sent or posted during the normal business hours of the recipient, said posting of said documents shall constitute notice date and delivery of such documents to Lenders by Administrative Agent as required hereunder and delivery time shall be deemed properly given pursuant to Section 14.1 have commenced as of 9:00 a.m. on the date opening of said posting by Administrative Agentbusiness on the next business day for the recipient. Notwithstanding anything contained herein but subject to the terms and provisions of Section 4.12(d) hereofherein, in every instance Borrower shall be required to provide paper copies of any Officer’s Certificate the certificate required by Section 9.2 to Administrative Agent and shall deliver paper copies of all 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 (on behalf of Lenders)or such Lender. Except for the Officer’s Certificatecertificates required by Section 9.2, Administrative Agent Loan No. 1005062 shall have no obligation to request the delivery of or to maintain paper copies of the documents delivered electronically andelectronically, 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
Electronic Delivery of Certain Information. If requested by Administrative Agent, documents required to be delivered by Borrower pursuant to the Loan Documents shall be delivered, in addition to the method set forth in Section 14.1 16.24 above, by electronic communication and delivery, 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), provided that no Lender Party has notified Administrative Agent that it cannot or does not want to receive electronic communications. Administrative Agent 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 by Borrower may be posted by Administrative 108 Agent on a commercial website and Administrative Agent shall notify each Lender Party of said posting and shall provide a link thereto. It being understood that the posting of said documents shall constitute notice and delivery of such documents to Lenders by Administrative Agent as required hereunder and delivery shall be deemed properly given pursuant to Section 14.1 as of the date of said posting by Administrative Agent. Notwithstanding anything contained herein but subject to the terms and provisions of Section 4.12(d) hereofherein, in every instance Borrower shall be required to provide paper copies of any Officer’s Certificate to Administrative Agent and shall deliver paper copies of all documents to Administrative Agent until a written request to cease delivering paper copies is given by Administrative Agent (on behalf of LendersLender Parties). Except for the Officer’s Certificate, Administrative Agent shall have no obligation to maintain paper copies of the documents delivered electronically and, in any 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. If requested by Administrative Agent, documents required to be delivered by Borrower pursuant to the Loan Documents shall be delivered, in addition to the method set forth in Section 14.1 above, by - 148 - 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), provided that no Lender has notified Administrative Agent that it cannot or does not want to receive electronic communications. Administrative Agent 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 by Borrower may be posted by Administrative 108 Agent on a commercial website and Administrative Agent shall notify each Lender of said posting and shall provide a link thereto. It being understood that the posting of said documents shall constitute notice and delivery of such documents to Lenders by Administrative Agent as required hereunder and delivery shall be deemed properly given pursuant to Section 14.1 as of the date of said posting by Administrative Agent. Notwithstanding anything contained herein but subject to the terms and provisions of Section 4.12(d) hereofherein, in every instance Borrower shall be required to provide paper copies of any Officer’s Certificate to Administrative Agent and shall deliver paper copies of all documents to Administrative Agent until a written request to cease delivering paper copies is given by Administrative Agent (on behalf of Lenders). Except for the Officer’s Certificate, Administrative Agent shall have no obligation to maintain paper copies of the documents delivered electronically and, in any 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 (Brookfield DTLA Fund Office Trust Investor Inc.)