ELECTRONIC DOCUMENT DELIVERIES. Documents required to be delivered pursuant to this Guaranty 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 wxx.Xxxxx.xxx <hxxx://xxx.Xxxxx.xxx> or a website sponsored or hosted by Administrative Agent or Guarantor) provided that the foregoing shall not be applicable to any Lender that has notified Administrative Agent and Guarantor that it cannot or does not want to receive electronic communications. Administrative Agent or Guarantor 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 one (1) Business Day after the date and time on which Administrative Agent or Guarantor posts such documents or the documents become available on a commercial website and Administrative Agent or Guarantor 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 9:00 a.m. on the opening of business on the next Business Day for the recipient. Notwithstanding anything contained herein, in every instance Guarantor shall be required to 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. 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 Guarantor 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. Notwithstanding anything to the contrary contained above, no notice (including, without limitation, any default notice) given to or by Guarantor under this Guaranty shall be covered by this Section 22.
Appears in 2 contracts
Samples: Limited Guaranty (Brookfield DTLA Fund Office Trust Investor Inc.), Loan Agreement (Brookfield DTLA Fund Office Trust Investor Inc.)
ELECTRONIC DOCUMENT DELIVERIES. Documents required to be delivered pursuant to this Guaranty the Loan Documents shall be 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 wxx.Xxxxx.xxx xxx.Xxxxx.com <hxxx://xxx.Xxxxx.xxxxxxx://xxx.Xxxxx.com> or a website sponsored or hosted by the Administrative Agent or GuarantorBorrower) provided that (A) the foregoing shall not be applicable apply to notices to any Lender that pursuant to Article 12 and (B) a Lender has not notified the Administrative Agent and Guarantor or Borrower that it cannot or does not want to receive electronic communications. The Administrative Agent or Guarantor Borrower may, in its their 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 one twenty-four (124) Business Day hours after the date and time on which the Administrative Agent or Guarantor Borrower posts such documents or the documents become available on a commercial website and the Administrative Agent or Guarantor 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 9:00 a.m. on the opening of business on the next Business Day business day for the recipient. Notwithstanding anything contained herein, in every instance Guarantor instance, Borrower shall be required to provide paper copies of the certificates required by Section 10.1(c) and Exhibit H to the Administrative Agent and shall deliver paper copies of 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 or such Lender. Except for the certificates required by Section 10.1(c) and Exhibit H, the 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 Guarantor 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. Notwithstanding anything to the contrary contained above, no notice (including, without limitation, any default notice) given to or by Guarantor under this Guaranty shall be covered by this Section 22.
Appears in 2 contracts
Samples: Loan Agreement (KBS Strategic Opportunity REIT, Inc.), Loan Agreement (KBS Real Estate Investment Trust III, Inc.)
ELECTRONIC DOCUMENT DELIVERIES. Documents required to be delivered pursuant to this Guaranty the Loan Documents shall be delivered by electronic communication and delivery, including, the Internet, e-mail or intranet websites to which Administrative the Agent and each Lender have access (including a commercial, third-party website such as wxx.Xxxxx.xxx <hxxx://xxx.Xxxxx.xxx> xxx.Xxxxx.com xxxx://xxx.Xxxxx.com or a website sponsored or hosted by Administrative the Agent or Guarantorthe Borrower) provided that (A) the foregoing shall not be applicable apply to notices to any Lender that pursuant to Article II and (B) the Lender has not notified Administrative the Agent and Guarantor or Borrower that it cannot or does not want to receive electronic communications. Administrative The Agent or Guarantor 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 shall be deemed to have been delivered one twenty-four (124) Business Day hours after the date and time on which Administrative the Agent or Guarantor Borrower posts such documents or the documents become available on a commercial website and Administrative the Agent or Guarantor 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 9:00 a.m. on the opening of business on the next Business Day business day for the recipient. Notwithstanding anything contained herein, in every instance Guarantor the Borrower shall be required to provide paper copies of the Compliance Certificate required by Section 8.3 to the Agent and shall deliver paper copies of any documents to Administrative the Agent or to any Lender that requests such paper copies until a written request to cease delivering paper copies is given by Administrative the Agent or such Lender. Administrative Except for the Compliance Certificates required by Section 8.3, the 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 Guarantor 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. Notwithstanding anything to the contrary contained above, no notice (including, without limitation, any default notice) given to or by Guarantor under this Guaranty shall be covered by this Section 22.”
Appears in 2 contracts
Samples: Unsecured Credit Agreement (CBL & Associates Properties Inc), Credit Agreement (CBL & Associates Properties Inc)
ELECTRONIC DOCUMENT DELIVERIES. Documents required to be delivered pursuant to this Guaranty the Loan Documents shall be 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 wxx.Xxxxx.xxx xxx.Xxxxx.com <hxxx://xxx.Xxxxx.xxxxxxx://xxx.Xxxxx.com> or a website sponsored or hosted by the Administrative Agent or Guarantorthe Borrower) provided that a Lender has not notified the foregoing shall not be applicable to any Lender that has notified Administrative Agent and Guarantor or Borrower that it cannot or does not want to receive electronic communications. The Administrative Agent or Guarantor 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 shall be deemed to have been delivered one twenty-four (124) Business Day hours after the date and time on which the Administrative Agent or Guarantor Borrower posts such documents or the documents become available on a commercial website and the Administrative Agent or Guarantor 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 9:00 a.m. on the opening of business on the next Business Day business day for the recipient. Notwithstanding anything contained herein, in every instance Guarantor the Borrower shall be required to provide paper copies of the certificate required by Section 8.9 of the Loan Agreement to the Administrative Agent and shall deliver paper copies of 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 or such Lender. Except for the certificates required by Section 8.9 of the Loan Agreement, the 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 Guarantor 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. Notwithstanding anything to the contrary contained above, no notice (including, without limitation, any default notice) given to or by Guarantor under this Guaranty shall be covered by this Section 22.
Appears in 2 contracts
Samples: Loan Agreement (CBL & Associates Properties Inc), Loan Agreement (CBL & Associates Properties Inc)
ELECTRONIC DOCUMENT DELIVERIES. Documents required to be delivered pursuant to this Guaranty the Loan Documents shall be 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 wxx.Xxxxx.xxx xxx.Xxxxx.com <hxxx://xxx.Xxxxx.xxxxxxx://xxx.Xxxxx.com> or a website sponsored or hosted by the Administrative Agent or Guarantorthe Borrowers) provided that (A) the foregoing shall not be applicable apply to notices to any Lender that pursuant to Article 12 and (B) a Lender has not notified the Administrative Agent and Guarantor or Borrowers that it cannot or does not want to receive electronic communications. The Administrative Agent or Guarantor the Borrowers may, in its their 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 one twenty-four (124) Business Day hours after the date and time on which the Administrative Agent or Guarantor posts Borrowers post such documents or the documents become available on a commercial website and the Administrative Agent or Guarantor notifies Borrowers notify 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 9:00 a.m. on the opening of business on the next Business Day business day for the recipient. Notwithstanding anything contained herein, in every instance Guarantor the Borrowers shall be required to provide paper copies of the certificates required by Section 10.1(c) and Exhibit C to the Administrative Agent and shall deliver paper copies of 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 or such Lender. Except for the certificates required by Section 10.1(c) and Exhibit C, the 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 Guarantor the Borrowers 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. Notwithstanding anything to the contrary contained above, no notice (including, without limitation, any default notice) given to or by Guarantor under this Guaranty shall be covered by this Section 22.
Appears in 1 contract
Samples: Loan Agreement (KBS Real Estate Investment Trust II, Inc.)
ELECTRONIC DOCUMENT DELIVERIES. Documents required to be delivered pursuant to this Guaranty the Loan Documents shall be 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 wxx.Xxxxx.xxx xxx.Xxxxx.com <hxxx://xxx.Xxxxx.xxxxxxx://xxx.Xxxxx.com> or a website sponsored or hosted by the Administrative Agent or Guarantorthe Borrower) provided that the foregoing shall Lender has not be applicable to any Lender that has notified the Administrative Agent and Guarantor or Borrower that it cannot or does not want to receive electronic communications. The Administrative Agent or Guarantor 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 one twenty-four (124) Business Day hours after the date and time on which the Administrative Agent or Guarantor Borrower posts such documents or the documents become available on a commercial website and the Administrative Agent or Guarantor 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 9:00 a.m. on the opening of business on the next Business Day business day for the recipient. Notwithstanding anything contained herein, in every instance Guarantor shall be required to deliver paper copies of 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 or such Lender. The 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 the Guarantor 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. Notwithstanding anything For avoidance of doubt, this provision doesn’t apply to any notices required to be delivered from Guarantor to Administrative Agent or a Lender or from Administrative Agent or a Lender to Guarantor pursuant to this Guaranty unless otherwise agreed to by Guarantor and Administrative Agent (provided, however, except as otherwise set forth in clause (B) above, the foregoing shall not limit Administrative Agent from delivering to a Borrower or Lender copies of any such notices by electronic communication and delivery in accordance with this Section 11.19 to the contrary contained above, no notice (including, without limitation, any default notice) given extent such notices are required to be delivered to a Borrower or by Guarantor under this Guaranty shall be covered by this Section 22Lender).
Appears in 1 contract
ELECTRONIC DOCUMENT DELIVERIES. . Documents required to be delivered pursuant to this Guaranty the Loan Documents shall be 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 wxx.Xxxxx.xxx <hxxx://xxx.Xxxxx.xxx> or a website sponsored or hosted by the Administrative Agent or Guarantorthe Borrower) provided that (A) the foregoing shall not be applicable apply to notices to any Lender that (or the Issuing Lender) pursuant to Article II and (B) the Lender has not notified the Administrative Agent and Guarantor or Borrower that it cannot or does not want to receive electronic communications. The Administrative Agent or Guarantor 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 shall be deemed to have been delivered one twenty-four (124) Business Day hours after the date and time on which the Administrative Agent or Guarantor Borrower posts such documents or the documents become available on a commercial website and the Administrative Agent or Guarantor 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 9:00 a.m. on the opening of business on the next Business Day business day for the recipient. Notwithstanding anything contained herein, in every instance Guarantor the Borrower shall be required to provide paper copies of the Compliance Certificate to the Administrative Agent and shall deliver paper copies of 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 or such Lender. Except for the Compliance Certificate Provision, the 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 Guarantor 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. Notwithstanding anything to the contrary contained above, no notice (including, without limitation, any default notice) given to or by Guarantor under this Guaranty shall be covered by this Section 22.
Appears in 1 contract
ELECTRONIC DOCUMENT DELIVERIES. Documents required to be delivered pursuant to this Guaranty the Loan Documents shall be 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 wxx.Xxxxx.xxx xxx.Xxxxx.com <hxxx://xxx.Xxxxx.xxxxxxx://xxx.Xxxxx.com> or a website sponsored or hosted by the Administrative Agent or Guarantorthe Borrowers) provided that (A) the foregoing shall not be applicable apply to notices to any Lender that pursuant to Article 12 and (B) a Lender has not notified the Administrative Agent and Guarantor or Borrowers that it cannot or does not want to receive electronic communications. The Administrative Agent or Guarantor the Borrowers may, in its their 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 one twenty-four (124) Business Day hours after the date and time on which the Administrative Agent or Guarantor posts Borrowers post such documents or the documents become available on a commercial website and the Administrative Agent or Guarantor notifies Borrowers notify 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 9:00 a.m. on the opening of business on the next Business Day business day for the recipient. Notwithstanding anything contained herein, in every instance Guarantor instance, the Borrowers shall be required to provide paper copies of the certificates required by Section 10.1(c) and Exhibit H to the Administrative Agent and shall deliver paper copies of 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 or such Lender. Except for the certificates required by Section 10.1(c) and Exhibit H, the 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 Guarantor the Borrowers 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. Notwithstanding anything to the contrary contained above, no notice (including, without limitation, any default notice) given to or by Guarantor under this Guaranty shall be covered by this Section 22.
Appears in 1 contract
Samples: Loan Agreement (KBS Real Estate Investment Trust III, Inc.)
ELECTRONIC DOCUMENT DELIVERIES. Documents required to be delivered pursuant to this Guaranty the Loan Documents shall be 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 wxx.Xxxxx.xxx <hxxx://xxx.Xxxxx.xxx> or a website sponsored or hosted by the Administrative Agent or Guarantorthe Borrower) provided that (A) the foregoing shall not be applicable apply to notices to any Lender that pursuant to Article 3 and (B) the Lender has not notified the Administrative Agent and Guarantor or Borrower that it cannot or does not want to receive electronic communications. The Administrative Agent or Guarantor 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 shall be deemed to have been delivered one twenty-four (124) Business Day hours after the date and time on which the Administrative Agent or Guarantor Borrower posts such documents or the documents become available on a commercial website and the Administrative Agent or Guarantor 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 9:00 a.m. on the opening of business on the next Business Day business day for the recipient. Notwithstanding anything contained herein, in every instance Guarantor the Borrower shall be required to provide paper copies of the certificate required by Section 9.10 to the Administrative Agent and shall deliver paper copies of 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 or such Lender. Except for the certificates required by Section 9.10, the 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 Guarantor 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. Notwithstanding anything to Borrower shall promptly reimburse Administrative Agent for the contrary contained aboveexpenses of any such Internet, no notice (including, without limitation, any default notice) given to e-mail or website used by Guarantor under this Guaranty shall be covered by this Section 22Administrative Agent.
Appears in 1 contract
Samples: Revolving Loan Agreement (Phillips Edison - ARC Shopping Center REIT Inc.)
ELECTRONIC DOCUMENT DELIVERIES. Documents required to be delivered pursuant to this Guaranty the Loan Documents shall be 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 wxx.Xxxxx.xxx <hxxx://xxx.Xxxxx.xxx> or a website sponsored or hosted by the Administrative Agent or Guarantorthe Borrower) provided that (A) the foregoing shall not be applicable apply to notices to any Lender that pursuant to Article II and (B) the Lender has not notified the Administrative Agent and Guarantor or Borrower that it cannot or does not want to receive electronic communications. The Administrative Agent or Guarantor 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 shall be deemed to have been delivered one twenty-four (124) Business Day hours after the date and time on which the Administrative Agent or Guarantor Borrower posts such documents or the documents become available on a commercial website and the Administrative Agent or Guarantor 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 9:00 a.m. on the opening of business on the next Business Day business day for the recipient. Notwithstanding anything contained herein, in every instance Guarantor the Borrower shall be required to provide paper copies of the certificate required by Section 9.3 to the Administrative Agent and shall deliver paper copies of 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 or such Lender. Except for the certificates 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, and in any event shall have no responsibility to monitor compliance by Guarantor 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. Notwithstanding anything to the contrary contained above, no notice (including, without limitation, any default notice) given to or by Guarantor under this Guaranty shall be covered by this Section 22.
Appears in 1 contract
Samples: Credit Agreement (Equity One Inc)
ELECTRONIC DOCUMENT DELIVERIES. Documents required to be delivered pursuant to this Guaranty the Loan Documents shall be delivered by electronic communication and delivery, including, the Internet, e-mail or intranet websites to which Administrative the Agent and each Lender have access (including a commercial, third-party website such as wxx.Xxxxx.xxx xxx.Xxxxx.com <hxxx://xxx.Xxxxx.xxxxxxx://xxx.Xxxxx.com> or a website sponsored or hosted by Administrative the Agent or Guarantorthe Borrower) provided that (A) the foregoing shall not be applicable apply to notices to any Lender that pursuant to Article 2 and (B) the Lender has not notified Administrative the Agent and Guarantor or Borrower that it cannot or does not want to receive electronic communications. Administrative The Agent or Guarantor 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 shall be deemed to have been delivered one twenty-four (124) Business Day hours after the date and time on which Administrative the Agent or Guarantor Borrower posts such documents or the documents become available on a commercial website and Administrative the Agent or Guarantor 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 9:00 a.m. on the opening of business on the next Business Day business day for the recipient. Notwithstanding anything contained herein, in every instance Guarantor the Borrower shall be required to provide paper copies of the certificate required by Section 5.1.3 to the Agent and shall deliver paper copies of any documents to Administrative the Agent or to any Lender that requests such paper copies until a written request to cease delivering paper copies is given by Administrative the Agent or such Lender. Administrative Except for the certificates required by Section 5.1.3, the 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 Guarantor 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. Notwithstanding anything to the contrary contained above, no notice (including, without limitation, any default notice) given to or by Guarantor under this Guaranty shall be covered by this Section 22.”
Appears in 1 contract
Samples: Fifth Modification Agreement (Ps Business Parks Inc/Ca)
ELECTRONIC DOCUMENT DELIVERIES. Documents required to be delivered pursuant to this Guaranty shall be 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 wxx.Xxxxx.xxx <hxxx://xxx.Xxxxx.xxx> or a website sponsored or hosted by the Administrative Agent or the Guarantor) provided that the foregoing shall not be applicable to any Lender that has notified the Administrative Agent and Guarantor that it cannot or does not want to receive electronic communications. The Administrative Agent or the Guarantor 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 one (1) Business Day after the date and time on which the Administrative Agent or Guarantor posts such documents or the documents become available on a commercial website and the Administrative Agent or Guarantor 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 9:00 a.m. on the opening of business on the next Business Day for the recipient. Notwithstanding anything contained herein, in every instance the Guarantor shall be required to deliver paper copies of 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 or such Lender. The 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 the Guarantor 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. Notwithstanding anything to the contrary contained above, no notice (including, without limitation, any default notice) given to or by Guarantor under this Guaranty shall be covered by this Section 22.
Appears in 1 contract
Samples: Limited Guaranty (Brookfield DTLA Fund Office Trust Investor Inc.)
ELECTRONIC DOCUMENT DELIVERIES. Documents required to be delivered pursuant to this Guaranty 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 wxx.Xxxxx.xxx xxx.Xxxxx.com <hxxx://xxx.Xxxxx.xxxxxxx://xxx.Xxxxx.com> or a website sponsored or hosted by Administrative Agent or Guarantorthe Borrower) provided that (A) the foregoing shall not be applicable apply to notices to any Lender that pursuant to Article 3 and (B) the Lender has not notified Administrative Agent and Guarantor or Borrower that it cannot or does not want to receive electronic communications. Administrative Agent or Guarantor 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 shall be deemed to have been delivered one twenty-four (124) Business Day hours after the date and time on which Administrative Agent or Guarantor Borrower posts such documents or the documents become available on a commercial website and Administrative Agent or Guarantor 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 9:00 a.m. on the opening of business on the next Business Day for the recipient. Notwithstanding anything contained herein, in every instance Guarantor the Borrower shall be required to provide paper copies of the certificate required by Section 10.10 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 10.10, 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 Guarantor 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. Notwithstanding anything to the contrary contained above, no notice (including, without limitation, any default notice) given to or by Guarantor under this Guaranty shall be covered by this Section 22.
Appears in 1 contract
Samples: Loan Agreement (Ryman Hospitality Properties, Inc.)
ELECTRONIC DOCUMENT DELIVERIES. Documents required to be delivered pursuant to this Guaranty the Loan Documents shall be 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 wxx.Xxxxx.xxx <hxxx://xxx.Xxxxx.xxx> or a website sponsored or hosted by the Administrative Agent or Guarantorthe Borrower) provided that (A) the foregoing shall not be applicable apply to notices to any Lender that (or the Issuing Bank) pursuant to Article 3 and (B) the Lender has not notified the Administrative Agent and Guarantor or Borrower that it cannot or does not want to receive electronic communications. The Administrative Agent or Guarantor 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 shall be deemed to have been delivered one twenty-four (124) Business Day hours after the date and time on which the Administrative Agent or Guarantor Borrower posts such documents or the documents become available on a commercial website and the Administrative Agent or Guarantor 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 9:00 a.m. on the opening of business on the next Business Day business day for the recipient. Notwithstanding anything contained herein, in every instance Guarantor the Borrower shall be required to provide paper copies of the certificate required by Section 8.2(a) to the Administrative Agent and shall deliver paper copies of 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 or such Lender. Except for the certificates required by Section 8.2(a), the 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 Guarantor 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. Notwithstanding anything to the contrary contained above, no notice (including, without limitation, any default notice) given to or by Guarantor under this Guaranty shall be covered by this Section 22.
Appears in 1 contract
ELECTRONIC DOCUMENT DELIVERIES. Documents required to be delivered pursuant to this Guaranty the Loan Documents (other than notices of Default) shall be 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 wxx.Xxxxx.xxx xxx.Xxxxx.com <hxxx://xxx.Xxxxx.xxxxxxx://xxx.Xxxxx.com> or a website sponsored or hosted by the Administrative Agent or Guarantorthe Borrower) provided that (A) the foregoing shall not be applicable apply to notices to any Lender that pursuant to Article 3 and (B) the Lender has not notified the Administrative Agent and Guarantor or Borrower that it cannot or does not want to receive electronic communications. The Administrative Agent or Guarantor 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 shall be deemed to have been delivered one twenty-four (124) Business Day hours after the date and time on which the Administrative Agent or Guarantor Borrower posts such documents or the documents become available on a commercial website and the Administrative Agent or Guarantor 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 9:00 a.m. on the opening of business on the next Business Day business day for the recipient. Notwithstanding anything contained herein, in every instance Guarantor the Borrower shall be required to 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. Administrative Agent shall have no obligation to request the delivery of or to maintain provide paper copies of the documents delivered electronically, and in any event shall have no responsibility to monitor compliance certificate required by Guarantor 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. Notwithstanding anything to the contrary contained above, no notice (including, without limitation, any default notice) given to or by Guarantor under this Guaranty shall be covered by this Section 22.Section
Appears in 1 contract
Samples: Loan Agreement (Howard Hughes Corp)
ELECTRONIC DOCUMENT DELIVERIES. Documents required to be delivered pursuant to this Guaranty the Loan Documents shall be 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 wxx.Xxxxx.xxx xxx.Xxxxx.com <hxxx://xxx.Xxxxx.xxxxxxx://xxx.Xxxxx.com> or a website sponsored or hosted by the Administrative Agent or Guarantorthe Borrowers) provided that (A) the foregoing shall not be applicable apply to notices to any Lender that pursuant to Article 12 and (B) a Lender has not notified the Administrative Agent and Guarantor or Borrowers that it cannot or does not want to receive electronic communications. The Administrative Agent or Guarantor the Borrowers may, in its their 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 one twenty-four (124) Business Day hours after the date and time on which the Administrative Agent or Guarantor posts Borrowers post such documents or the documents become available on a commercial website and the Administrative Agent or Guarantor notifies Borrowers notify 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 9:00 a.m. on the opening of business on the next Business Day business day for the recipient. Notwithstanding anything contained herein, in every instance Guarantor the Borrowers shall be required to provide paper copies of the certificates required by Section 10.1(c) to the Administrative Agent and shall deliver paper copies of 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 or such Lender. Except for the certificates required by Section 10.1(c), the 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 Guarantor the Borrowers 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. Notwithstanding anything to the contrary contained above, no notice (including, without limitation, any default notice) given to or by Guarantor under this Guaranty shall be covered by this Section 22.
Appears in 1 contract
Samples: Loan Agreement (KBS Real Estate Investment Trust II, Inc.)
ELECTRONIC DOCUMENT DELIVERIES. Documents required to be delivered pursuant to this Guaranty the Loan Documents shall be 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 wxx.Xxxxx.xxx xxx.Xxxxx.com <hxxx://xxx.Xxxxx.xxxxxxx://xxx.Xxxxx.com> or a website sponsored or hosted by the Administrative Agent or Guarantorthe Borrower) provided that (A) the foregoing shall not be applicable apply to notices to any Lender that pursuant to Article II and (B) the Lender has not notified the Administrative Agent and Guarantor or Borrower that it cannot or does not want to receive electronic communications. The Administrative Agent or Guarantor 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 shall be deemed to have been delivered one twenty-four (124) Business Day hours after the date and time on which the Administrative Agent or Guarantor Borrower posts such documents or the documents become available on a commercial website and the Administrative Agent or Guarantor 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 9:00 a.m. on the opening of business on the next Business Day business day for the recipient. Notwithstanding anything contained herein, in every instance Guarantor the Borrower shall be required to provide paper copies of the certificate required by Section 9.3 to the Administrative Agent and shall deliver paper copies of 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 or such Lender. Except for the certificates 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, and in any event shall have no responsibility to monitor compliance by Guarantor 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. Notwithstanding anything to the contrary contained above, no notice (including, without limitation, any default notice) given to or by Guarantor under this Guaranty shall be covered by this Section 22.
Appears in 1 contract
Samples: Credit Agreement (Equity One, Inc.)
ELECTRONIC DOCUMENT DELIVERIES. Documents required to be delivered pursuant to this Guaranty the Loan Documents shall be 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 wxx.Xxxxx.xxx xxx.Xxxxx.com <hxxx://xxx.Xxxxx.xxxxxxx://xxx.Xxxxx.com> or a website sponsored or hosted by the Administrative Agent or Guarantorthe Borrower) provided that (A) the foregoing shall not be applicable apply to notices to any Lender that pursuant to Article II and (B) the Lender has not notified the Administrative Agent and Guarantor or Borrower that it cannot or does not want to receive electronic communications. The Administrative Agent or Guarantor 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 shall be deemed to have been delivered one twenty-four (124) Business Day hours after the date and time on which the Administrative Agent or Guarantor Borrower posts such documents or the documents become available on a commercial website and the Administrative Agent or Guarantor 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 9:00 a.m. on the opening of business on the next Business Day business day for the recipient. Notwithstanding anything contained herein, in every instance Guarantor the Borrower shall be required to provide paper copies of the Compliance Certificate to the Administrative Agent and shall deliver paper copies of 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 or such Lender. Except for the Compliance Certificate Provision, the 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 Guarantor 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. Notwithstanding anything to the contrary contained above, no notice (including, without limitation, any default notice) given to or by Guarantor under this Guaranty shall be covered by this Section 22.
Appears in 1 contract
Samples: Term Loan Agreement (Associated Estates Realty Corp)
ELECTRONIC DOCUMENT DELIVERIES. Documents required to be delivered pursuant to this Guaranty the Loan Documents shall be 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 wxx.Xxxxx.xxx www.Edgax.xxx <hxxx://xxx.Xxxxx.xxxxxxx://wxx.Xxxxx.xxx> or a xx x website sponsored or hosted by the Administrative Agent or Guarantorthe Borrowers) provided that (A) the foregoing shall not be applicable apply to notices to any Lender that pursuant to Article 12 and (B) a Lender has not notified the Administrative Agent and Guarantor or Borrowers that it cannot or does not want to receive electronic communications. The Administrative Agent or Guarantor the Borrowers may, in its their 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 one twenty-four (124) Business Day hours after the date and time on which the Administrative Agent or Guarantor posts Borrowers post such documents or the documents become available on a commercial website and the Administrative Agent or Guarantor notifies Borrowers notify 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 9:00 a.m. on the opening of business on the next Business Day business day for the recipient. Notwithstanding anything contained herein, in every instance Guarantor the Borrowers shall be required to provide paper copies of the certificates required by Section 10.1(c) to the Administrative Agent and shall deliver paper copies of 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 or such Lender. Except for the certificates required by Section 10.1(c), the 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 Guarantor the Borrowers 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. Notwithstanding anything to the contrary contained above, no notice (including, without limitation, any default notice) given to or by Guarantor under this Guaranty shall be covered by this Section 22.
Appears in 1 contract
Samples: Loan Agreement (KBS Real Estate Investment Trust II, Inc.)
ELECTRONIC DOCUMENT DELIVERIES. Documents required to be delivered pursuant to this Guaranty the Loan Documents shall be 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 wxx.Xxxxx.xxx xxx.Xxxxx.com <hxxx://xxx.Xxxxx.xxxxxxx://xxx.Xxxxx.com> or a website sponsored or hosted by the Administrative Agent or Guarantorthe Borrower) provided that (A) the foregoing shall not be applicable apply to notices to any Lender that pursuant to Article 3 and (B) the Lender has not notified the Administrative Agent and Guarantor or Borrower that it cannot or does not want to receive electronic communications. The Administrative Agent or Guarantor 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 shall be deemed to have been delivered one twenty-four (124) Business Day hours after the date and time on which the Administrative Agent or Guarantor Borrower posts such documents or the documents become available on a commercial website and the Administrative Agent or Guarantor 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 9:00 a.m. on the opening of business on the next Business Day business day for the recipient. Notwithstanding anything contained herein, in every instance Guarantor the Borrower shall be required to provide paper copies of the certificate required by Section 11.8 to the Administrative Agent and shall deliver paper copies of 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 or such Lender. Except for the certificates required by Section 11.8, the 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 Guarantor 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. Notwithstanding anything to the contrary contained above, no notice (including, without limitation, any default notice) given to or by Guarantor under this Guaranty shall be covered by this Section 22.
Appears in 1 contract
Samples: Loan Agreement (Howard Hughes Corp)
ELECTRONIC DOCUMENT DELIVERIES. Documents required to be delivered pursuant to this Guaranty the Loan Documents shall be delivered by electronic communication and delivery, including, including the Internetinternet, e-mail or intranet websites to which Administrative Agent and each Lender have access (including a commercial, third-party website such as wxx.Xxxxx.xxx xxx.Xxxxx.com <hxxx://xxx.Xxxxx.xxxxxxx://xxx.Xxxxx.com> or a website sponsored or hosted by Administrative Agent or GuarantorBorrower) provided that (A) the foregoing shall not be applicable apply to notices to any Lender that pursuant to Article 2 and (B) Lender has not notified Administrative Agent and Guarantor or Borrower that it cannot or does not want to receive electronic communications. Administrative Agent or Guarantor 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 particulate notices or communications. Documents or notices delivered pursuant to procedures electronically shall be deemed to have been delivered one twenty-four (124) Business Day hours after the date and time on which Administrative Agent or Guarantor Borrower posts such documents or the documents become available on a commercial website and Administrative Agent or Guarantor Borrower notifies each Lender of said posting and provides a link thereto 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 9:00 a.m. A.M. on the opening of business on the next Business Day for the recipient. Notwithstanding anything contained herein, in every instance Guarantor Borrower shall be required to provide paper copies of the certificate required by Sections 8.2 and 8.3 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 Sections 8.2 and 8.3, 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 Guarantor 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. Notwithstanding anything to the contrary contained above, no notice (including, without limitation, any default notice) given to or by Guarantor under this Guaranty shall be covered by this Section 22.
Appears in 1 contract
ELECTRONIC DOCUMENT DELIVERIES. Documents required to be delivered pursuant to this Guaranty the Loan Documents shall be 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 wxx.Xxxxx.xxx xxx.Xxxxx.com <hxxx://xxx.Xxxxx.xxxxxxx://xxx.Xxxxx.com> or a website sponsored or hosted by the Administrative Agent or GuarantorBorrower) provided that (A) the foregoing shall not be applicable apply to notices to any Lender that pursuant to Article 12 and (B) a Lender has not notified the Administrative Agent and Guarantor or Borrower that it cannot or does not want to receive electronic communications. The Administrative Agent or Guarantor Borrower may, in its their 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 one twenty-four (124) Business Day hours after the date and time on which the Administrative Agent or Guarantor posts Borrower post such documents or the documents become available on a commercial website and the Administrative Agent or Guarantor notifies Borrower notify 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 9:00 a.m. on the opening of business on the next Business Day business day for the recipient. Notwithstanding anything contained herein, in every instance Guarantor instance, Borrower shall be required to provide paper copies of the certificates required by Section 10.1(c) and Exhibit H to the Administrative Agent and shall deliver paper copies of 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 or such Lender. Except for the certificates required by Section 10.1(c) and Exhibit H, the 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 Guarantor 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. Notwithstanding anything to the contrary contained above, no notice (including, without limitation, any default notice) given to or by Guarantor under this Guaranty shall be covered by this Section 22.
Appears in 1 contract
Samples: Loan Agreement (KBS Real Estate Investment Trust III, Inc.)
ELECTRONIC DOCUMENT DELIVERIES. Documents required to be delivered pursuant to this Guaranty the Loan Documents shall be 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 wxx.Xxxxx.xxx xxx.Xxxxx.com <hxxx://xxx.Xxxxx.xxxxxxx://xxx.Xxxxx.com> or a website sponsored or hosted by the Administrative Agent or Guarantorthe Borrower) provided that the foregoing shall Lender has not be applicable to any Lender that has notified the Administrative Agent and Guarantor or Borrower that it cannot or does not want to receive electronic communications. The Administrative Agent or Guarantor 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 one twenty-four (124) Business Day hours after the date and time on which the Administrative Agent or Guarantor Borrower posts such documents or the documents become available on a commercial website and the Administrative Agent or Guarantor 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 9:00 a.m. on the opening of business on the next Business Day business day for the recipient. Notwithstanding anything contained herein, in every instance Guarantor shall be required to deliver paper copies of 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 or such Lender. The 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 the Guarantor 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. Notwithstanding anything For avoidance of doubt, this provision doesn’t apply to any notices required to be delivered from Guarantor to Administrative Agent or a Lender or from Administrative Agent or a Lender to Guarantor pursuant to this Guaranty unless otherwise agreed to by Guarantor and Administrative Agent (provided, however, except as otherwise set forth in clause (B) above, the foregoing shall not limit Administrative Agent from delivering to Borrower or a Lender copies of any such notices by electronic communication and delivery in accordance with this Section 16.19 to the contrary contained above, no notice (including, without limitation, any default notice) given extent such notices are required to be delivered to a Borrower or by Guarantor under this Guaranty shall be covered by this Section 22Lender).
Appears in 1 contract
Samples: Partial Repayment and Limited Guaranty (Taubman Centers Inc)
ELECTRONIC DOCUMENT DELIVERIES. Documents required to be delivered pursuant to this Guaranty shall be 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 wxx.Xxxxx.xxx xxx.Xxxxx.com <hxxx://xxx.Xxxxx.xxxxxxx://xxx.Xxxxx.com> or a website sponsored or hosted by the Administrative Agent or Guarantorthe Borrower) provided that Lender has not notified the foregoing shall not be applicable to any Lender that has notified Administrative Agent and or Guarantor that it cannot or does not want to receive electronic communications. The Administrative Agent or the Guarantor 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 one twenty-four (124) Business Day hours after the date and time on which the Administrative Agent or Guarantor posts such documents or the documents become available on a commercial website and the Administrative Agent or Guarantor 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 9:00 a.m. on the opening of business on the next Business Day business day for the recipient. Notwithstanding anything contained herein, in every instance Guarantor shall be required to deliver paper copies of 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 or such Lender. 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 the Guarantor 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. Notwithstanding anything to the contrary contained above, no notice (including, without limitation, any default notice) given to or by Guarantor under this Guaranty shall be covered by this Section 22.
Appears in 1 contract
Samples: Loan Agreement (Ryman Hospitality Properties, Inc.)
ELECTRONIC DOCUMENT DELIVERIES. Documents required to be delivered pursuant to this Guaranty the Loan Documents shall be 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 wxx.Xxxxx.xxx xxx.Xxxxx.com <hxxx://xxx.Xxxxx.xxxxxxx://xxx.Xxxxx.com> or a website sponsored or hosted by the Administrative Agent or Guarantorthe Borrower) provided that (A) the foregoing shall not be applicable apply to notices to any Lender that pursuant to Article 3 and (B) the Lender has not notified the Administrative Agent and Guarantor or Borrower that it cannot or does not want to receive electronic communicationscommunications upon at least five (5) business days’ prior written notice to the Administrative Agent and Borrower. The Administrative Agent or Guarantor 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 shall be deemed to have been delivered one twenty-four (124) Business Day hours after the date and time on which the Administrative Agent or Guarantor Borrower posts such documents or the documents become available on a commercial website and the Administrative Agent or Guarantor 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 9:00 a.m. on the opening of business on the next Business Day business day for the recipient. Notwithstanding anything contained herein, in every instance Guarantor shall be required to 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. 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 Guarantor 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. Notwithstanding anything to the contrary contained above, no notice (including, without limitation, any default notice) given to or by Guarantor under this Guaranty shall be covered by this Section 22.
Appears in 1 contract
ELECTRONIC DOCUMENT DELIVERIES. Documents required to be delivered pursuant to this Guaranty the Loan Documents shall be 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 wxx.Xxxxx.xxx xxx.Xxxxx.com <hxxx://xxx.Xxxxx.xxxxxxx://xxx.Xxxxx.com> or a website sponsored or hosted by the Administrative Agent or Guarantorthe Borrower) provided that (A) the foregoing shall not be applicable apply to notices to any Lender that has notified pursuant to Article 3 (provided, however, the foregoing shall not limit Administrative Agent from delivering copies of such information to Borrower or a Lender by electronic communication and Guarantor delivery in accordance with this Section 13.26) 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 Guarantor 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 shall be deemed to have been delivered one twenty-four (124) Business Day hours after the date and time on which the Administrative Agent or Guarantor Borrower posts such documents or the documents become available on a commercial website and the Administrative Agent or Guarantor 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 9:00 a.m. on the opening of business on the next Business Day business day for the recipient. Notwithstanding anything contained herein, in every instance Guarantor Borrower shall be required to deliver paper copies of 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 or such Lender. The 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 Guarantor 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. Notwithstanding anything For avoidance of doubt, this provision doesn’t apply to any notices required to be delivered from Borrower to Administrative Agent or a Lender or from Administrative Agent or a Lender to Borrower pursuant to this Agreement unless otherwise agreed to by Borrower and Administrative Agent (provided, however, except as otherwise set forth in clauses (A) and (B) above, the foregoing shall not limit Administrative Agent from delivering to Lenders copies of any such notices by electronic communication and delivery in accordance with this Section 13.26 to the contrary contained above, no notice (including, without limitation, any default notice) given extent such notices are required to or by Guarantor under this Guaranty shall be covered by this Section 22delivered to Lenders hereunder).
Appears in 1 contract
ELECTRONIC DOCUMENT DELIVERIES. Documents required to be delivered pursuant to this Guaranty the Loan Documents shall be 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 wxx.Xxxxx.xxx <hxxx://xxx.Xxxxx.xxx> xxx.Xxxxx.com or a website sponsored or hosted by the Administrative Agent or Guarantor) the Borrower), provided that (A) the foregoing shall not be applicable apply to notices to any Lender that (or the Issuing Bank) pursuant to Article 3 and (B) the Lender has not notified the Administrative Agent and Guarantor or Borrower that it cannot or does not want to receive electronic communications. The Administrative Agent or Guarantor 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 shall be deemed to have been delivered one twenty-four (124) Business Day hours after the date and time on which the Administrative Agent or Guarantor Borrower posts such documents or the documents become available on a commercial website and the Administrative Agent or Guarantor 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 9:00 a.m. on the opening of business on the next Business Day business day for the recipient. Notwithstanding anything contained herein, in every instance Guarantor the Borrower shall be required to provide paper copies of the certificate required by Section 10.9 to the Administrative Agent and shall deliver paper copies of 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 or such Lender. Except for the certificates required by Section 10.8, the 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 Guarantor 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. Notwithstanding anything to the contrary contained above, no Lender shall provide written Notice of any Default in accordance with the notice (including, without limitation, any default notice) given to or by Guarantor under provisions of this Guaranty shall be covered by this Section 22Agreement.
Appears in 1 contract
Samples: Building Loan Agreement (Sunrise Senior Living Inc)
ELECTRONIC DOCUMENT DELIVERIES. Documents required to be delivered pursuant to this Guaranty the Loan Documents shall be 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 wxx.Xxxxx.xxx <hxxx://xxx.Xxxxx.xxx> or a website sponsored or hosted by the Administrative Agent or Guarantorthe Borrower) provided that (A) the foregoing shall not be applicable apply to notices to any Lender that pursuant to Article 3 and (B) the Lender has not notified the Administrative Agent and Guarantor or Borrower that it cannot or does not want to receive electronic communications. The Administrative Agent or Guarantor 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 shall be deemed to have been delivered one twenty-four (124) Business Day hours after the date and time on which the Administrative Agent or Guarantor Borrower posts such documents or the documents become available on a commercial website and the Administrative Agent or Guarantor 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 9:00 a.m. on the opening of business on the next Business Day for the recipient. Notwithstanding anything contained herein, in every instance Guarantor the Borrower shall be required to provide paper copies of the certificates required by Section 10.1 hereof to the Administrative Agent and shall deliver paper copies of 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 or such Lender. Except for the certificates required by Section 10.1 hereof, the 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 Guarantor 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. Notwithstanding anything to the contrary contained above, no notice (including, without limitation, any default notice) given to to, or made by (including any required deliveries by), Borrower or Guarantor under this Guaranty Agreement or the other Loan Documents shall be covered by this Section 2213.23.
Appears in 1 contract
Samples: Loan Agreement (Brookfield DTLA Fund Office Trust Investor Inc.)
ELECTRONIC DOCUMENT DELIVERIES. Documents required to be delivered pursuant to this Guaranty the Loan Documents shall be 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 wxx.Xxxxx.xxx <hxxx://xxx.Xxxxx.xxx> or a website sponsored or hosted by the Administrative Agent or Guarantorthe Borrower) provided that (A) the foregoing shall not be applicable apply to notices to any Lender that (or the Issuing Bank) pursuant to Article II and (B) the Lender has not notified the Administrative Agent and Guarantor or Borrower that it cannot or does not want to receive electronic communications. The Administrative Agent or Guarantor 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 shall be deemed to have been delivered one twenty-four (124) Business Day hours after the date and time on which the Administrative Agent or Guarantor Borrower posts such documents or the documents become available on a commercial website and the Administrative Agent or Guarantor 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 9:00 a.m. on the opening of business on the next Business Day business day for the recipient. Notwithstanding anything contained herein, in every instance Guarantor the Borrower shall be required to provide paper copies of the Compliance Certificate to the Administrative Agent and shall deliver paper copies of 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 or such Lender. Except for the Compliance Certificate Provision, the 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 Guarantor 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. Notwithstanding anything to the contrary contained above, no notice (including, without limitation, any default notice) given to or by Guarantor under this Guaranty shall be covered by this Section 22.
Appears in 1 contract
ELECTRONIC DOCUMENT DELIVERIES. Documents required to be delivered pursuant to this Guaranty the Credit Documents shall be 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 wxx.Xxxxx.xxx xxx.Xxxxx.com <hxxx://xxx.Xxxxx.xxxxxxx://xxx.Xxxxx.com> or a website sponsored or hosted by the Administrative Agent or Guarantorthe Borrowers) provided that the foregoing shall Lender has not be applicable to any Lender that has notified the Administrative Agent and Guarantor or Borrowers that it cannot or does not want to receive electronic communications. The Administrative Agent or Guarantor the Borrowers may, in its or their 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 one twenty-four (124) Business Day hours after the date and time on which the Administrative Agent or Guarantor Borrowers posts such documents or the documents become available on a commercial website and the Administrative Agent or Guarantor Borrowers 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 9:00 a.m. on the opening of business on the next Business Day business day for the recipient. Notwithstanding anything contained herein, in every instance Guarantor the Borrowers shall be required to provide paper copies of the certificate required by Section 7.1(c) to the Administrative Agent and shall deliver paper copies of 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 or such Lender. Except for the certificates required by Section 7.1(c) the 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 Guarantor the Borrowers 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. Notwithstanding anything to the contrary contained above, no notice (including, without limitation, any default notice) given to or by Guarantor under this Guaranty shall be covered by this Section 22.”
Appears in 1 contract
ELECTRONIC DOCUMENT DELIVERIES. Documents required to be delivered pursuant to this Guaranty the Loan Documents shall be delivered by electronic communication and delivery, including, the Internet, e-mail or intranet websites to which Administrative the Agent and each Lender have access (including a commercial, third-party website such as wxx.Xxxxx.xxx <hxxx://xxx.Xxxxx.xxx> or xxx.Xxxxx.com xxxx://xxx.Xxxxx.comor a website sponsored or hosted by Administrative the Agent or Guarantorthe Borrower) provided that (A) the foregoing shall not be applicable apply to notices to any Lender that pursuant to Article II and (B) the Lender has not notified Administrative the Agent and Guarantor or Borrower that it cannot or does not want to receive electronic communications. Administrative The Agent or Guarantor 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 shall be deemed to have been delivered one twenty-four (124) Business Day hours after the date and time on which Administrative the Agent or Guarantor Borrower posts such documents or the documents become available on a commercial website and Administrative the Agent or Guarantor 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 9:00 a.m. on the opening of business on the next Business Day business day for the recipient. Notwithstanding anything contained herein, in every instance Guarantor the Borrower shall be required to provide paper copies of the Compliance Certificate required by Section 8.3 to the Agent and shall deliver paper copies of any documents to Administrative the Agent or to any Lender that requests such paper copies until a written request to cease delivering paper copies is given by Administrative the Agent or such Lender. Administrative Except for the Compliance Certificates required by Section 8.3, the 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 Guarantor 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. Notwithstanding anything to the contrary contained above, no notice (including, without limitation, any default notice) given to or by Guarantor under this Guaranty shall be covered by this Section 22.
Appears in 1 contract
Samples: Unsecured Term Loan Agreement (CBL & Associates Properties Inc)
ELECTRONIC DOCUMENT DELIVERIES. Documents required to be delivered pursuant to this Guaranty the Loan Documents shall be 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 wxx.Xxxxx.xxx www.Edgar.com <hxxx://xxx.Xxxxx.xxxhttp://www.Edgar.com> or a website sponsored xx xxxxxx xx txx Xxxxxxxxxxxxxx Xxent or hosted by Administrative Agent or Guarantorthe Borrower) provided that (A) the foregoing shall not be applicable apply to notices to any Lender that pursuant to Article II and (B) the Lender has not notified the Administrative Agent and Guarantor or Borrower that it cannot or does not want to receive electronic communications. The Administrative Agent or Guarantor 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 shall be deemed to have been delivered one twenty-four (124) Business Day hours after the date and time on which the Administrative Agent or Guarantor Borrower posts such documents or the documents become available on a commercial website and the Administrative Agent or Guarantor 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 9:00 a.m. on the opening of business on the next Business Day business day for the recipient. Notwithstanding anything contained herein, in every instance Guarantor the Borrower shall be required to provide paper copies of the Compliance Certificate to the Administrative Agent and shall deliver paper copies of 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 or such Lender. Except for the Compliance Certificate Provision, the 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 Guarantor 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. Notwithstanding anything to the contrary contained above, no notice (including, without limitation, any default notice) given to or by Guarantor under this Guaranty shall be covered by this Section 22.
Appears in 1 contract
Samples: Term Loan Agreement (Associated Estates Realty Corp)
ELECTRONIC DOCUMENT DELIVERIES. Documents required to be delivered pursuant to this Guaranty the Loan Documents shall be 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 wxx.Xxxxx.xxx xxx.Xxxxx.com <hxxx://xxx.Xxxxx.xxxxxxx://xxx.Xxxxx.com> or a website sponsored or hosted by the Administrative Agent or Guarantorthe Borrower) provided that (A) the foregoing shall not be applicable apply to notices to any Lender that (or the Issuing Bank) pursuant to Article 3 and (B) the Lender has not notified the Administrative Agent and Guarantor or Borrower that it cannot or does not want to receive electronic communications. The Administrative Agent or Guarantor 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 shall be deemed to have been delivered one twenty-four (124) Business Day hours after the date and time on which the Administrative Agent or Guarantor Borrower posts such documents or the documents become available on a commercial website and the Administrative Agent or Guarantor 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 9:00 a.m. on the opening of business on the next Business Day business day for the recipient. Notwithstanding anything contained herein, in every instance Guarantor the Borrower shall be required to provide paper copies of the certificate required by Section 9.10 to the Administrative Agent and shall deliver paper copies of 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 or such Lender. Except for the certificates required by Section 9.10, the 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 Guarantor 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. Notwithstanding anything to the contrary contained above, no notice (including, without limitation, any default notice) given to or by Guarantor under this Guaranty shall be covered by this Section 22.
Appears in 1 contract
Samples: Revolving Loan Agreement (Columbia Equity Trust, Inc.)
ELECTRONIC DOCUMENT DELIVERIES. Documents required to be delivered pursuant to this Guaranty 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 wxx.Xxxxx.xxx <hxxx://xxx.Xxxxx.xxx> xxx.Xxxxx.com or a website sponsored or hosted by Administrative Agent or GuarantorBorrower) provided that (A) the foregoing shall not be applicable apply to notices to any Lender that pursuant to Section 2.2 and (B) the Lender has not notified Administrative Agent and Guarantor or Borrower that it cannot or does not want to receive electronic communications. Administrative Agent or Guarantor 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 one twenty-four (124) Business Day hours after the date and time on which Administrative Agent or Guarantor Borrower posts such documents or the documents become available on a commercial website and Administrative Agent or Guarantor 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 9:00 a.m. on the opening of business on the next Business Day business day for the recipient. Notwithstanding anything contained herein, in every instance Guarantor Borrower shall be required to provide paper copies of the Compliance Certificate required by Section
7.1 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 the Administrative Agent or such Lender. Except for the Compliance Certificate required by Section 7.1, 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 Guarantor 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. Notwithstanding anything to the contrary contained above, no notice .
(including, without limitation, any default noticeI) given to or by Guarantor under this Guaranty shall be covered by this Section 22Schedule 1 is hereby deleted in its entirety and replaced with Schedule 1 attached hereto.
Appears in 1 contract