Common use of Email Communication Clause in Contracts

Email Communication. (a) Any communication or document under or in connection with the Finance Documents may be made or delivered by or attached to an email and will be effective or delivered only: (i) in the case of a notice to the Agent of a Default, Review Event or Event of Default or a notice to the Agent under or referred to in Clause 9.3 (Review Event) or Clause 28 (Events of Default), when actually opened in legible format by the recipient Party; (ii) in all other cases, on the first to occur of the following: (A) when it is dispatched by the sender to each of the email addresses specified by the recipient, unless for each of the addresses, the sender receives an automatic notification that the email has not been received (other than an out of office greeting for the named addressee) and it receives the notification before 2 hours after the last to occur (for all addresses) of: (1) dispatch, if in business hours in the city of the address; or (2) if not, the next opening of business in such city; (B) the sender receiving a message from the intended recipient's information system confirming delivery of the email; and (C) the email being available to be read at one of the email addresses specified by the sender; and (iii) if the email is in an appropriate and commonly used format, and any attached file is a pdf, jpeg, tiff or other appropriate and commonly used format. (b) In relation to an email with attached files: (i) if the attached files are more than 3 MB in total, then: (A) at the time of dispatch the giver of the email must send a separate email without attachments notifying the recipient of the dispatch of the email; and (B) if the recipient notifies the sender that it did not receive the email with attached files, and the maximum size that is able to receive under its firewalls, then the sender shall promptly send to the recipient the attached files in a manner that can be received by the recipient; and (ii) if the recipient of the email notifies the sender that it is unable to read the format of an attached file or that an attached file is corrupted, specifying appropriate and commonly used formats that it is able to read, the sender must promptly send to the recipient the file in one of those formats or send the attachment in some other manner; and (iii) if within two hours of: (A) dispatch of the email if in business hours in the city of the recipient; or (B) if not, the next opening of business in the city of the recipient, the recipient notifies the sender as provided in subparagraph (i)(B) or (ii), then the relevant attached files will be taken not to have been received until the sender complies with that subparagraph. (c) An email which is a covering email for a notice signed by the Obligor's Authorised Signatory does not itself need to be signed by an Authorised Signatory. (d) Email and other electronic notices from the Agent generated by Loan IQ or other system software do not need to be signed.

Email Communication. (a) Any communication or document under or in connection with the Finance Documents may be made or delivered by or attached to an email and will be effective or delivered only: (i) in the case of a notice to the Agent of a Default, Review Event or Event of Default or a notice to the Agent under or referred to in Clause 9.3 clause 7.2 (Review Event) or Clause 28 clause 25 (Events of Default), when actually opened in legible format by the recipient Party; (ii) in all other cases, on the first to occur of the following: (A) when it is dispatched by the sender to each of the email addresses specified by the recipient, unless for each of the addresses, the sender receives an automatic notification that the email has not been received (other than an out of office greeting for the named addressee) and it receives the notification before 2 two hours after the last to occur (for all addresses) of: (1) dispatch, if in business hours in the city of the address; or (2) if not, the next opening of business in such city; (B) the sender receiving a message from the intended recipient's information system confirming delivery of the email; and (C) the email being available to be read at one of the email addresses specified by the sender; and (iii) if the email is in an appropriate and commonly used format, and any attached file is a pdf, jpeg, tiff or other appropriate and commonly used format. (b) In relation to an email with attached files:: Loan Note Subscription Agreement | DLA Piper | 135 (i) if the attached files are more than 3 3MB in total, then: (A) at the time of dispatch the giver of the email must send a separate email without attachments notifying the recipient of the dispatch of the email; and (B) if the recipient notifies the sender that it did not receive the email with attached files, and the maximum size that is able to receive under its firewalls, then the sender shall promptly send to the recipient the attached files in a manner that can be received by the recipient; and (ii) if the recipient of the email notifies the sender that it is unable to read the format of an attached file or that an attached file is corrupted, specifying appropriate and commonly used formats that it is able to read, the sender must promptly send to the recipient the file in one of those formats or send the attachment in some other manner; and (iii) if within two hours of: (A) dispatch of the email if in business hours in the city of the recipient; or (B) if not, the next opening of business in the city of the recipient, the recipient notifies the sender as provided in subparagraph (i)(Bclause 37.6(b)(i)(B) or (ii37.6(b)(ii), ’ then the relevant attached files will be taken not to have been received until the sender complies with that subparagraphclause. (c) An email which is a covering email for a notice signed by the Obligor's Authorised Signatory does not itself need to be signed by an Authorised Signatory. (d) Email and other electronic notices from the Agent generated by Loan IQ or other system software do not need to be signed.