Common use of Manner of Delivery Clause in Contracts

Manner of Delivery. All notices, communications ------------------ and materials (including all Information) to be given or delivered pursuant to the Borrower Loan Documents shall, except in those cases where giving notice by telephone is expressly permitted, be given or delivered in writing (which shall include telex and telecopy transmissions). Notices under Sections 1.2, 1.5, 1.6 and 6.2 may be by telephone, promptly, in the case of each notice other than one under Section 6.2, confirmed in writing. In the case of a notice given under Section 6.2, the Bank will endeavor to confirm its telephonic notice in writing. In the event of a discrepancy between any telephonic notice and any written confirmation thereof, such written confirmation shall be deemed the effective notice except to the extent that the Bank has acted in reliance on such telephonic notice.

Appears in 2 contracts

Samples: Credit Agreement (Tsi International Software LTD), Credit Agreement (Tsi International Software LTD)

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Manner of Delivery. All notices, communications ------------------ and materials (including all Information) to be given or delivered pursuant to the Borrower Loan Documents shall, except in those cases where giving notice by telephone is expressly permitted, be given or delivered in writing (which shall include telex and telecopy transmissions). Notices under Sections 1.21.02, 1.51.03(c), 1.6 1.05, 1.07 and 6.2 6.02 may be by telephone, promptly, in the case of each notice other than one under Section 6.2such notice, confirmed in writing. In ; provided, however that the case of a failure to make such written confirmation with respect to any notice given under Section 6.2, 6.02 shall not change the Bank will endeavor to confirm its telephonic time of the effectiveness of such notice as provided in writingSection 9.01(c). In the event of a discrepancy between any telephonic notice and any written confirmation thereof, such written confirmation shall be deemed the effective notice except to the extent that the Bank Administrative Agent has acted in reliance on such telephonic notice.

Appears in 2 contracts

Samples: Credit Agreement (Reinsurance Group of America Inc), Credit Agreement (Reinsurance Group of America Inc)

Manner of Delivery. All notices, communications ------------------ and materials (including all Information) to be given or delivered pursuant to the Borrower Loan Documents shall, except in those cases where giving notice by telephone is expressly permitted, be given or delivered in writing (which shall include telex and telecopy facsimile transmissions). Notices under Sections 1.21.02(a), 1.51.02(b), 1.6 1.03(c), 1.04(b), 1.05, 1.07 and 6.2 6.02 may be by telephone, promptly, in the case of each notice other than one under Section 6.26.02, confirmed in writing. In the case of a notice given under Section 6.2, the Bank will endeavor to confirm its telephonic notice in writing. In the event of a discrepancy between any telephonic notice and any written confirmation thereof, such written confirmation shall be deemed the effective notice except to the extent that the Bank any Person has acted in reliance on such telephonic notice.

Appears in 2 contracts

Samples: Revolving Credit Facility (Trigen Energy Corp), 364 Day Revolving Credit Facility (Trigen Energy Corp)

Manner of Delivery. All notices, communications ------------------ and materials (including all Information) to be given or delivered pursuant to the Borrower Loan Documents shall, except in those cases where giving notice by telephone is expressly permitted, be given or delivered in writing (which shall include telex and telecopy transmissions). Notices under Sections 1.21.02, 1.51.03(c), 1.6 1.05, 1.08 and 6.2 6.02 may be by telephone, promptly, in the case of each notice other than one under Section 6.2such notice, confirmed in writing. In ; provided, however that the case of a failure to make such written confirmation with respect to any notice given under Section 6.2, 6.02 shall not change the Bank will endeavor to confirm its telephonic time of the effectiveness of such notice as provided in writingSection 10.01(c). In the event of a discrepancy between any telephonic notice and any written confirmation thereof, such written confirmation shall be deemed the effective notice except to the extent that the Bank Administrative Agent has acted in reliance on such telephonic notice.

Appears in 1 contract

Samples: Credit Agreement (Reinsurance Group of America Inc)

Manner of Delivery. All ---------------------- ------------------ notices, communications ------------------ and and, unless the Borrower shall have been otherwise instructed by an Agent or by the Bank to which materials are to be furnished, materials (including all Information) to be given or delivered pursuant to the Borrower Loan Documents shall, except in those cases where giving notice by telephone is expressly permitted, be given or delivered in writing (which shall include telex and telecopy transmissions). Notices under Sections 1.21.03, 1.51.04(c), 1.6 1.06, 1.08 and 6.2 6.02 may be by telephone, promptly, in the case of each notice other than one under Section 6.2, promptly confirmed in writing. In the case of a notice given under Section 6.2, the Bank will endeavor to confirm its telephonic notice in writing. In the event of a discrepancy between any telephonic notice and any written confirmation thereof, such written confirmation shall be deemed the effective notice except to the extent that the Bank Administrative Agent has acted in reliance on such telephonic notice.

Appears in 1 contract

Samples: Credit Agreement (Primestar Inc)

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Manner of Delivery. All notices, communications ------------------ and materials (including all Information) to be given or delivered pursuant to the Borrower Loan Documents shall, except in those cases where giving notice by telephone is expressly permitted, be given or delivered in writing (which shall include telex and telecopy transmissions). Notices under Sections 1.2Section 2.02, 1.5Section 2.03(c), 1.6 Section 2.05, Section 2.07, Section 3.01, Section 3.02, Section 3.04(e) and 6.2 Section 8.02 may be by telephone, promptly, in the case of each notice other than one under Section 6.28.02, confirmed in writing. In the case of a notice given under Section 6.2, the Bank will endeavor to confirm its telephonic notice in writing. In the event of a discrepancy between any telephonic notice and any written confirmation thereof, such written confirmation shall be deemed the effective notice except to the extent that the Bank Agent has acted in reliance on such telephonic notice.

Appears in 1 contract

Samples: Credit Agreement (Aes Eastern Energy Lp)

Manner of Delivery. All notices, communications ------------------ and materials (including all Information) to be given or delivered pursuant to the Borrower Loan Documents shall, except in those cases where giving notice by telephone is expressly permitted, be given or delivered in writing (which shall include telex and telecopy transmissions). Notices under Sections 1.21.02, 1.5, 1.6 1.07 and 6.2 6.02 may be by telephone, promptly, in the case of each notice other than one under Section 6.26.02, confirmed in writing. In the case of a notice given under Section 6.2, the Bank will endeavor to confirm its telephonic notice in writing. In the event of a discrepancy between any telephonic notice and any written confirmation thereof, such written confirmation shall be deemed the effective notice except to the extent that the Bank has acted in reliance on such telephonic notice.

Appears in 1 contract

Samples: Credit Agreement (Ocular Sciences Inc /De/)

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