Common use of ELECTRONIC DOCUMENT DELIVERIES Clause in Contracts

ELECTRONIC DOCUMENT DELIVERIES. Unless otherwise directed by Lender, documents required to be delivered to Lender pursuant to the Loan Documents shall be delivered by electronic communication and delivery, including, the Internet, e-mail or intranet websites to which Lender has access (including a commercial, third-party website such as xxx.Xxxxx.com <xxxx://xxx.Xxxxx.com> or a website sponsored or hosted by Lender or the Borrower) provided that the foregoing shall not apply to notices delivered to Lender pursuant to the Note. Borrower may, in its discretion, but shall not be required to, agree to accept notices and other communications to it hereunder by electronic delivery pursuant to procedures approved by it for all or particular notices or communications. Documents or notices delivered electronically shall be deemed to have been delivered twenty-four (24) hours after the date and time on which Lender or Borrower posts such documents or the documents become available on a commercial website and Lender or Borrower notifies the other party 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, Borrower shall deliver paper copies of any documents to the Lender, if Lender requests such paper copies, until a written request to cease delivering paper copies is given by Lender. Lender shall have no obligation to request the delivery of or to maintain paper copies of the documents delivered electronically. For purposes of this Section 11.24, “Lender” shall mean Xxxxx Fargo Bank, National Association and any successors or assigns.

Appears in 10 contracts

Samples: Loan Agreement (KBS Real Estate Investment Trust, Inc.), Loan Agreement (KBS Real Estate Investment Trust, Inc.), Loan Agreement (KBS Real Estate Investment Trust, Inc.)

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ELECTRONIC DOCUMENT DELIVERIES. Unless otherwise directed by Lender, documents Documents required to be delivered to Lender pursuant to 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 has have access (including a commercial, third-party website such as xxx.Xxxxx.com wxx.Xxxxx.xxx <xxxx://xxx.Xxxxx.comhxxx://xxx.Xxxxx.xxx> or a website sponsored or hosted by Lender the Administrative Agent or the Borrower) provided that (A) the foregoing shall not apply to notices delivered to any Lender pursuant to Article 3 and (B) the NoteLender has not notified the Administrative Agent or Borrower that it cannot or does not want to receive electronic communications. The Administrative Agent or the Borrower may, in its discretion, but shall not be required to, agree to accept notices and other communications to it hereunder by electronic delivery pursuant to procedures approved by it for all or particular notices or communications. Documents or notices delivered electronically shall be deemed to have been delivered twenty-four (24) hours after the date and time on which Lender the Administrative Agent or Borrower posts such documents or the documents become available on a commercial website and Lender the Administrative Agent or Borrower notifies the other party 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 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 Lender, if Administrative Agent or to any Lender that requests such paper copies, copies until a written request to cease delivering paper copies is given by the Administrative Agent or such Lender. 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 the Borrower with any such request for delivery. For purposes 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 made by (including any required deliveries by), Borrower or Guarantor under this Agreement or the other Loan Documents shall be covered by this Section 11.24, “Lender” shall mean Xxxxx Fargo Bank, National Association and any successors or assigns13.23.

Appears in 3 contracts

Samples: Loan Agreement (Brookfield DTLA Fund Office Trust Investor Inc.), Loan Agreement (Brookfield DTLA Fund Office Trust Investor Inc.), Loan Agreement (Brookfield DTLA Fund Office Trust Investor Inc.)

ELECTRONIC DOCUMENT DELIVERIES. Unless otherwise directed by Lender, documents Documents required to be delivered to Lender pursuant to the Loan Documents shall be delivered by electronic communication and delivery, including, the Internet, e-mail or intranet websites to which the Agent and each Lender has have access (including a commercial, third-party website such as xxx.Xxxxx.com <xxxx://xxx.Xxxxx.com> xxxx://xxx.Xxxxx.com or a website sponsored or hosted by Lender the Agent or the Borrower) provided that (A) the foregoing shall not apply to notices delivered to any Lender pursuant to Article II and (B) the NoteLender has not notified the Agent or Borrower that it cannot or does not want to receive electronic communications. The Agent or the Borrower may, in its discretion, but shall not be required to, agree to accept notices and other communications to it hereunder by electronic delivery pursuant to procedures approved by it for all or particular notices or communications. Documents or notices delivered electronically shall be deemed to have been delivered twenty-four (24) hours after the date and time on which Lender the Agent or Borrower posts such documents or the documents become available on a commercial website and Lender the Agent or Borrower notifies the other party 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 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 the Lender, if Agent or to any Lender that requests such paper copies, copies until a written request to cease delivering paper copies is given by the Agent or such Lender. Lender 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 the Borrower with any such request for delivery. For purposes Each Lender shall be solely responsible for requesting delivery to it of this Section 11.24, “Lender” shall mean Xxxxx Fargo Bank, National Association paper copies and any successors maintaining its paper or assignselectronic documents.

Appears in 2 contracts

Samples: Credit Agreement (CBL & Associates Properties Inc), Unsecured Credit Agreement (CBL & Associates Properties Inc)

ELECTRONIC DOCUMENT DELIVERIES. Unless otherwise directed by Lender, documents Documents required to be delivered to Lender pursuant to 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 has have access (including a commercial, third-party website such as xxx.Xxxxx.com <xxxx://xxx.Xxxxx.com> or a website sponsored or hosted by Lender the Administrative Agent or the Borrower) provided that (A) the foregoing shall not apply to notices delivered to any Lender pursuant to Article 12 and (B) a Lender has not notified the NoteAdministrative Agent or Borrower that it cannot or does not want to receive electronic communications. The Administrative Agent or Borrower may, in its their discretion, but shall not be required to, agree to accept notices and other communications to it hereunder by electronic delivery pursuant to procedures approved by it for all or particular notices or communications. Documents or notices delivered electronically shall be deemed to have been delivered twenty-four (24) hours after the date and time on which Lender the Administrative Agent or Borrower posts such documents or the documents become available on a commercial website and Lender the Administrative Agent or Borrower notifies the other party 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, 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 Lender, if Administrative Agent or to any Lender that requests such paper copies, copies until a written request to cease delivering paper copies is given by the Administrative Agent or such Lender. 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 Borrower with any such request for delivery. For purposes Each Lender shall be solely responsible for requesting delivery to it of this Section 11.24, “Lender” shall mean Xxxxx Fargo Bank, National Association paper copies and any successors maintaining its paper or assignselectronic documents.

Appears in 2 contracts

Samples: Loan Agreement (KBS Strategic Opportunity REIT, Inc.), Loan Agreement (KBS Real Estate Investment Trust III, Inc.)

ELECTRONIC DOCUMENT DELIVERIES. Unless otherwise directed by Lender, documents required to be delivered to Lender pursuant to the Loan Documents shall be delivered by electronic communication and delivery, including, the Internet, e-mail or intranet websites to which Lender has access (including a commercial, third-party website such as xxx.Xxxxx.com <xxxx://xxx.Xxxxx.com> or a website sponsored or hosted by Lender or the Borrower) provided that the foregoing shall not apply to notices delivered to Lender pursuant to the Note. Borrower may, in its discretion, but shall not be required to, agree to accept notices and other communications to it hereunder by electronic delivery pursuant to procedures approved by it for all or particular notices or communications. Documents or notices delivered electronically shall be deemed to have been delivered twenty-twenty- four (24) hours after the date and time on which Lender or Borrower posts such documents or the documents become available on a commercial website and Lender or Borrower notifies the other party 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, Borrower shall deliver paper copies of any documents to the Lender, if Lender requests such paper copies, until a written request to cease delivering paper copies is given by Lender. Lender shall have no obligation to request the delivery of or to maintain paper copies of the documents delivered electronically. For purposes of this Section 11.24, “Lender” shall mean Xxxxx Fargo Bank, National Association and any successors or assigns.

Appears in 2 contracts

Samples: Loan Agreement (KBS Real Estate Investment Trust, Inc.), Loan Agreement (KBS Real Estate Investment Trust, Inc.)

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ELECTRONIC DOCUMENT DELIVERIES. Unless otherwise directed by Lender, documents Documents required to be delivered to Lender pursuant to the Loan Documents shall be delivered by electronic communication and delivery, including, the Internet, e-mail or intranet websites to which Lender has access (including a commercial, third-party website such as xxx.Xxxxx.com <xxxx://xxx.Xxxxx.com> or a website sponsored or hosted by the Lender or the Borrower) provided that the foregoing shall Lender has not apply notified Borrower that it cannot or does not want to notices delivered to receive electronic communications. Lender pursuant to the Note. or Borrower may, in its their discretion, but shall not be required to, agree to accept notices and other communications to it hereunder by electronic delivery pursuant to procedures approved by it for all or particular notices or communications. Documents or notices delivered electronically shall be deemed to have been delivered twenty-four (24) hours after the date and time on which the Lender or Borrower posts such documents or the documents become available on a commercial website and the Lender or Borrower notifies the other party 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, Borrower shall be required to provide paper copies of the certificates required by Section 10.1(c) and Exhibit H to the Lender and shall deliver paper copies of any documents to the Lender, if Lender requests following a request for such paper copies, copies until a written request to cease delivering paper copies is given by Lender. Except for the certificates required by Section 10.1(c) and Exhibit H, Lender shall have no obligation to request the delivery of or to maintain paper copies of the documents delivered electronically. For purposes of this Section 11.24, “Lender” and in any event shall mean Xxxxx Fargo Bank, National Association and have no responsibility to monitor compliance by Borrower with any successors or assignssuch request for delivery.

Appears in 1 contract

Samples: Loan Agreement (KBS Strategic Opportunity REIT, Inc.)

ELECTRONIC DOCUMENT DELIVERIES. Unless otherwise directed by Lender, documents Documents required to be delivered to Lender pursuant to the Loan Documents shall be delivered by electronic communication and delivery, including, the Internet, e-mail or intranet websites to which the ws3C1.tmp Agent and each Lender has have access (including a commercial, third-party website such as xxx.Xxxxx.com <xxxx://xxx.Xxxxx.com> xxxx://xxx.Xxxxx.com or a website sponsored or hosted by Lender the Agent or the Borrower) provided that (A) the foregoing shall not apply to notices delivered to any Lender pursuant to Article II and (B) the NoteLender has not notified the Agent or Borrower that it cannot or does not want to receive electronic communications. The Agent or the Borrower may, in its discretion, but shall not be required to, agree to accept notices and other communications to it hereunder by electronic delivery pursuant to procedures approved by it for all or particular notices or communications. Documents or notices delivered electronically shall be deemed to have been delivered twenty-four (24) hours after the date and time on which Lender the Agent or Borrower posts such documents or the documents become available on a commercial website and Lender the Agent or Borrower notifies the other party 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 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 the Lender, if Agent or to any Lender that requests such paper copies, copies until a written request to cease delivering paper copies is given by the Agent or such Lender. Lender 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 the Borrower with any such request for delivery. For purposes Each Lender shall be solely responsible for requesting delivery to it of this Section 11.24, “Lender” shall mean Xxxxx Fargo Bank, National Association paper copies and any successors maintaining its paper or assigns.electronic documents. ws3C1.tmp

Appears in 1 contract

Samples: Unsecured Credit Agreement (CBL & Associates Properties Inc)

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