Notice Address. Subject to Section 14.3.2, all Communications by or to a party hereto shall be in writing and shall be given to any Obligor, at Borrower Agent’s address shown on the signature pages hereof, and to any other Person at its address shown on the signature pages hereof (or, in the case of a Person who becomes a Lender after the Closing Date, at the address shown on its Assignment), or at such other address as a party may hereafter specify by notice in accordance with this Section 14.3. In addition, a Communication from Agent to Lenders or Obligors may, to the extent permitted by law, be delivered electronically (i) by transmitting the Communication to the electronic address specified to Agent in writing by the applicable Lender or Borrower Agent from time to time, or (ii) by posting the Communication on a website and sending the Lender or Borrower Agent notice (electronically or otherwise) that the Communication has been posted and providing instructions (at such time or prior to delivery of such Communication) for viewing it. Each Communication shall be effective only (a) if given by facsimile transmission, when transmitted to the applicable facsimile number, if confirmation of receipt is received; (b) if given by mail, three Business Days after deposit in the U.S. mail, with first-class postage pre-paid, addressed to the applicable address; (c) if given by personal delivery, when duly delivered to the notice address with receipt acknowledged; or (d) if provided electronically by Agent to Lenders or Obligors, when the Communication (or notice advising of its posting to a website) is sent to the Lender’s or Borrower Agent’s electronic address. Notwithstanding the foregoing, no notice to Agent pursuant to Section 2.1.4, 2.2, 3.1.2 or 4.1.1 shall be effective until actually received by the individual to whose attention at Agent such notice is required to be sent. Any written Communication not sent in conformity with the foregoing provisions shall nevertheless be effective on the date actually received by the noticed party. Any notice received by Borrower Agent shall be deemed received by all Obligors.
Appears in 3 contracts
Samples: Loan, Security and Guaranty Agreement (Atlas Energy Solutions Inc.), Loan, Security and Guaranty Agreement (Atlas Energy Solutions Inc.), Loan, Guaranty and Security Agreement (Infinera Corp)
Notice Address. Subject to Section 14.3.24.1.4, all Communications notices and other communications by or to a party hereto shall be in writing and shall be given to any ObligorBorrower, at Borrower Agent’s address shown on the signature pages hereof, and to any other Person at its address shown on the signature pages hereof (or, in the case of a Person who becomes a Lender after the Closing Date, at the address shown on its AssignmentAssignment and Acceptance), or at such other address as a party may hereafter specify by notice in accordance with this Section 14.3. In addition, a Communication from Agent to Lenders Each such notice or Obligors may, to the extent permitted by law, be delivered electronically (i) by transmitting the Communication to the electronic address specified to Agent in writing by the applicable Lender or Borrower Agent from time to time, or (ii) by posting the Communication on a website and sending the Lender or Borrower Agent notice (electronically or otherwise) that the Communication has been posted and providing instructions (at such time or prior to delivery of such Communication) for viewing it. Each Communication other communication shall be effective only (a) if given by facsimile transmission, when transmitted to the applicable facsimile number, if confirmation of receipt is received; (b) if given by mail, three Business Days after deposit in the U.S. mail, with first-class postage pre-paid, addressed to the applicable address; or (c) if given by personal delivery, when duly delivered to the notice address with receipt acknowledged; or (d) if provided electronically by Agent to Lenders or Obligors, when the Communication (or notice advising of its posting to a website) is sent to the Lender’s or Borrower Agent’s electronic address. Notwithstanding the foregoing, no notice to Agent pursuant to Section 2.1.4, 2.22.3, 3.1.2 or 4.1.1 shall be effective until actually received by the individual to whose attention at Agent such notice is required to be sent. Any written Communication notice or other communication that is not sent in conformity with the foregoing provisions shall nevertheless be effective on the date actually received by the noticed party. Any notice received by Borrower Agent shall be deemed received by all ObligorsBorrowers. Each Person who becomes a Lender after the Closing Date shall give Agent and Borrowers an Assignment Notice in the form of Exhibit C, and until the Person provides Borrowers the Assignment Notice of the Person’s address, no Borrower is required to give the Person notice hereunder.
Appears in 2 contracts
Samples: Loan and Security Agreement (Cooper Tire & Rubber Co), Loan and Security Agreement (Cooper Tire & Rubber Co)
Notice Address. Subject to Section 14.3.212.3.2, all Communications by or to a party hereto shall be in writing and shall be given to any ObligorBorrower, at Borrower Agent’s address shown on the signature pages hereof, and to any other Person at its address shown on the signature pages hereof (or, in the case of a Person who becomes a Lender after the Closing Date, at the address shown on its Assignment)hereof, or at such other address as a party may hereafter specify by notice in accordance with this Section 14.312.3. In addition, a Communication from Agent Lender to Lenders or Obligors Borrowers may, to the extent permitted by law, be delivered electronically (i) by transmitting the Communication to the electronic address specified by Borrower Agent to Agent Lender in writing by the applicable Lender or Borrower Agent from time to time, or (ii) by posting the Communication on a website and sending the Lender or Borrower Agent notice (electronically or otherwise) that the Communication has been posted and providing instructions (at such time or prior to delivery of such Communication) for viewing it. Each Communication shall be effective only (a) if given by facsimile transmission, when transmitted to the applicable facsimile number, if confirmation of receipt is received; (b) if given by mail, three Business Days after deposit in the U.S. mail, with first-class postage pre-paid, addressed to the applicable address; (c) if given by personal delivery, when duly delivered to the notice address with receipt acknowledged; or (d) if provided electronically by Agent Lender to Lenders or ObligorsBorrowers, when the Communication (or notice advising of its posting to a website) is sent to the Lender’s or Borrower Agent’s electronic address. Notwithstanding the foregoing, no notice to Agent Lender pursuant to Section 2.1.42.1.3, 2.2, 3.1.2 or 4.1.1 shall be effective until actually received by the individual to whose attention at Agent Lender such notice is required to be sent. Any written Communication not sent in conformity with the foregoing provisions shall nevertheless be effective on the date actually received by the noticed party. Any notice received by Borrower Agent shall be deemed received by all ObligorsBorrowers.
Appears in 2 contracts
Samples: Loan and Security Agreement (HOOKER FURNISHINGS Corp), Loan and Security Agreement (Arlo Technologies, Inc.)
Notice Address. Subject to Section 14.3.2All notices, all Communications requests and other communications by or to a party hereto shall be in writing and shall be given to any ObligorBorrower or Agent at the address below: Agent: Xxxxx Fargo Bank, at Borrower Agent’s address shown National Association 000 Xxxxx Xxxxx Xxxxxx, 0xx Xxxxx XXX: Y1379-059, Xxxxxxxxxxxx, Xxxxxxxxxxxx 00000 Attention: Xx. Xxxxxxx X. Laird, Senior Vice President Facsimile: (000) 000-0000 Borrowers: Regional Management Corp. 000 Xxxxxxxxxx Xxxx, Xxxxx X Xxxxx, Xxxxx Xxxxxxxx 00000 Attention: General Counsel Facsimile: (000) 000-0000 or to a Lender stated on the signature pages hereof, and to any other Person at its address shown on the signature pages hereof Schedule A (or, in the case of a Person who becomes a Lender after the Closing Date, at the address shown on its AssignmentAssignment and Acceptance), or at such other address as a party may hereafter specify by notice in accordance with this Section 14.3. In addition, a Communication from Agent to Lenders or Obligors may, to the extent permitted by law, be delivered electronically (i) by transmitting the Communication to the electronic address specified to Agent in writing by the applicable Lender or Borrower Agent from time to time, or (ii) by posting the Communication on a website and sending the Lender or Borrower Agent notice (electronically or otherwise) that the Communication has been posted and providing instructions (at such time or prior to delivery of such Communication) for viewing it13.5. Each Communication such notice, request or other communication shall be effective only (a) if given by facsimile transmission, when transmitted to the applicable facsimile number, if confirmation of receipt is receivedreceived (except that, if not given during normal business hours for the recipient, such notice shall be deemed to have been given at the opening of business on the next business day for the recipient); (b) if given by certified or registered U.S. mail, three Business Days after deposit in the U.S. mailupon receipt, with first-class postage pre-paid, addressed to the applicable address; or (c) if given by personal delivery, when duly delivered to the notice address with receipt acknowledged; or (d) if provided electronically by Agent to Lenders or Obligors, when the Communication (or notice advising of its posting to a website) is sent to the Lender’s or Borrower Agent’s electronic address. Notwithstanding the foregoing, no notice to Agent pursuant to Section 2.1.4, Sections 2.2, 3.1.2 2.18 or 4.1.1 3.1 shall be effective until actually received by the individual to whose attention at Agent such notice is required to be sentAgent. Any written Communication notice, request or other communication that is not sent in conformity with the foregoing provisions shall nevertheless be effective on the date actually received by the noticed party. Any notice received by Borrower Agent Regional shall be deemed received by all ObligorsBorrowers.
Appears in 2 contracts
Samples: Loan and Security Agreement (Regional Management Corp.), Loan and Security Agreement (Regional Management Corp.)
Notice Address. Subject to Section 14.3.24.1.4 (Notices), all Communications notices and other communications by or to a party hereto shall be in writing and shall be given to any ObligorBorrower, at Borrower Loan Party Agent’s address shown on the signature pages hereof, and to any other Person at its address shown on the signature pages hereof (or, in the case of a Person who becomes a Lender after the Closing Date, at the address shown on its AssignmentAssignment and Acceptance), or at such other address as a party may hereafter specify by notice in accordance with this Section 14.3. In addition, a Communication from Agent to Lenders Each such notice or Obligors may, to the extent permitted by law, be delivered electronically (i) by transmitting the Communication to the electronic address specified to Agent in writing by the applicable Lender or Borrower Agent from time to time, or (ii) by posting the Communication on a website and sending the Lender or Borrower Agent notice (electronically or otherwise) that the Communication has been posted and providing instructions (at such time or prior to delivery of such Communication) for viewing it. Each Communication other communication shall be effective only (a) if given by facsimile transmission, when transmitted to the applicable facsimile number, if confirmation of receipt is received; (b) if given by mail, three Business Days after deposit in the U.S. mail, with first-class postage pre-paidprepaid, addressed to the applicable address; or (c) if given by personal delivery, when duly delivered to the notice address with receipt acknowledged; or (d) if provided electronically by Agent to Lenders or Obligors, when the Communication (or notice advising of its posting to a website) is sent to the Lender’s or Borrower Agent’s electronic address. Notwithstanding the foregoing, no notice to Agent pursuant to Section 2.1.42.1.4 (Voluntary Reduction or Termination of Revolver Commitments), 2.22.3 (Letter of Credit Facility; Issuances of Letters of Credit), 3.1.2 (Application of LIBOR to Outstanding Loans), 4.1.1 (Notice of Borrowing) or 4.1.1 5.2.4 (Voluntary Prepayment of Term Loans) shall be effective until actually received by the individual to whose attention at Agent such notice is required to be sent. Any written Communication notice or other communication that is not sent in conformity with the foregoing provisions shall nevertheless be effective on the date actually received by the noticed party. Any notice received by Borrower Loan Party Agent shall be deemed received by all ObligorsBorrowers.
Appears in 2 contracts
Samples: Loan, Security and Guaranty Agreement (Transport America, Inc.), Loan, Security and Guaranty Agreement (Transport America, Inc.)
Notice Address. Subject to Section 14.3.2, all Communications by or to a party hereto shall be in writing and shall be given to any Obligor, at Borrower AgentXxxxxxxx’s address shown on the signature pages hereof, and to any other Person at its address shown on the signature pages hereof (or, in the case of a Person who becomes a Lender after the Closing Date, at the address shown on its Assignment), or at such other address as a party may hereafter specify by notice in accordance with this Section 14.3. In addition, a Communication from Administrative Agent to Lenders or Obligors may, to the extent permitted by law, be delivered electronically (i) by transmitting the Communication to the electronic address specified to Administrative Agent in writing by the applicable Lender or Borrower Agent from time to time, or (ii) by posting the Communication on a website and sending the Lender or Borrower Agent notice (electronically or otherwise) that the Communication has been posted and providing instructions (at such time or prior to delivery of such Communication) for viewing it. Each Communication shall be effective only (a) if given by facsimile transmission, when transmitted to the applicable facsimile number, if confirmation of receipt is received; (b) if given by mail, three Business Days after deposit in the U.S. mail, with first-class postage pre-paid, addressed to the applicable address; (cb) if given by personal delivery, when duly delivered to the notice address with receipt acknowledged; or (dc) if provided electronically by Administrative Agent to Lenders or ObligorsLenders, when the Communication (or notice advising of its posting to a website) is sent to the Lender’s or Borrower AgentXxxxxx’s electronic address. Notwithstanding the foregoing, no notice to Agent pursuant to Section 2.1.4, 2.2, 3.1.2 or 4.1.1 shall be effective until actually received by the individual to whose attention at Agent such notice is required to be sent. Any written Communication not sent in conformity with the foregoing provisions shall nevertheless be effective on the date actually received by the noticed party. Any notice received by Borrower Agent shall be deemed received by all Obligors.
Appears in 1 contract
Samples: Senior Secured Term Loan Agreement (Solaris Energy Infrastructure, Inc.)
Notice Address. Subject to Section 14.3.2, all Communications by or to a party hereto shall be in writing and shall be given to any Obligor, at address for Borrower Agent’s address shown Agent specified on the signature pages hereofSchedule 14.3, and to any other Person at its address shown specified for such Person on the signature pages hereof Schedule 14.3 (or, in the case of a Person who becomes a Lender after the Closing Date, at the address shown on its AssignmentAssignment or its administrative questionnaire), or at such other address as a party may hereafter specify by notice in accordance with this Section 14.3. In addition, a Communication from Agent to Lenders or Obligors Borrowers may, to the extent permitted by law, be delivered electronically (i) by transmitting the Communication to the electronic address specified to Agent in writing by the applicable Lender or Borrower Agent from time to time, or (ii) by posting the Communication on a website and sending the Lender or Borrower Agent notice (electronically or otherwise) that the Communication has been posted and providing instructions (at such time or prior to delivery of such Communication) for viewing it. Each Communication shall be effective only (a) if given by facsimile transmission, when transmitted to the applicable facsimile number, if confirmation of receipt is received; (b) if given by mail, three Business Days after deposit in the U.S. mail, with first-class postage pre-paid, addressed to the applicable address; (c) if given by personal delivery, when duly delivered to the notice address with receipt acknowledged; or (d) if provided electronically by Agent to Lenders or ObligorsBorrowers, when the Communication (or notice advising of its posting to a website) is sent to the Lender’s 's or Borrower Agent’s 's electronic address. Notwithstanding the foregoing, no notice to Agent pursuant to Section 2.1.42.1.5, 2.2, 3.1.2 or 4.1.1 shall be effective until actually received by the individual to whose attention at Agent such notice is required to be sent. Any written Communication that is not sent in conformity with the foregoing provisions shall nevertheless be effective on the date actually received by the noticed party. Any notice received by Borrower Agent shall be deemed received by all Obligors.
Appears in 1 contract
Samples: Abl Loan and Security Agreement (Rocky Brands, Inc.)
Notice Address. Subject to Section 14.3.212.3.2, all Communications by or to a party hereto shall be in writing and shall be given to any ObligorBorrower, at Borrower Agent’s address shown on the signature pages hereof, and to any other Person at its address shown on the signature pages hereof (or, in the case of a Person who becomes a Lender after the Closing Date, at the address shown on its Assignment)hereof, or at such other address as a party may hereafter specify by notice in accordance with this Section 14.312.3. In addition, a Communication from Agent Lender to Lenders or Obligors Borrowers may, to the extent permitted by law, be delivered electronically (i) by transmitting the Communication to the electronic address specified by Borrower Agent to Agent Lender in writing by the applicable Lender or Borrower Agent from time to time, or (ii) by posting the Communication on a website and sending the Lender or Borrower Agent notice (electronically or otherwise) that the Communication has been posted and providing instructions (at such time or prior to delivery of such Communication) for viewing it. Each Communication shall be effective only (a) if given by facsimile transmission, when transmitted to the applicable facsimile number, if confirmation of receipt is received; (b) if given by mail, three seven Business Days after deposit in the U.S. mail, with first-class postage pre-paid, addressed to the applicable address; (cb) if given by personal delivery, when duly delivered to the notice address with receipt acknowledged; or (dc) if provided electronically by Agent Lender to Lenders or ObligorsBorrowers, when the Communication (or notice advising of its posting to a website) is sent to the Lender’s or Borrower Agent’s electronic address. Notwithstanding the foregoing, no notice to Agent Lender pursuant to Section 2.1.42.1.3, 2.2, 3.1.2 or 4.1.1 shall be effective until actually received by the individual to whose attention at Agent Lender such notice is required to be sent. Any written Communication not sent in conformity with the foregoing provisions shall nevertheless be effective on the date actually received by the noticed party. Any notice received by Borrower Agent shall be deemed received by all ObligorsBorrowers.
Appears in 1 contract
Samples: Loan and Security Agreement (Servicesource International, Inc.)
Notice Address. Subject to Section 14.3.215.3.2, all Communications by or to a party hereto shall be in writing and shall be given to any Obligor, at Borrower AgentBorrower’s address shown on the signature pages hereof, and to any other Person at its address shown on the signature pages hereof (or, in the case of a Person who becomes a Lender after the Closing Date, at the address shown on its Assignment), or at such other address as a party may hereafter specify by notice in accordance with this Section 14.315.3. In addition, a Communication from Agent to Lenders or Obligors Borrower may, to the extent permitted by law, be delivered electronically (i) by transmitting the Communication to the electronic address specified to Agent in writing by the applicable Lender or Borrower Agent from time to time, or (ii) by posting the Communication on a website and sending the Lender or Borrower Agent notice (electronically or otherwise) that the Communication has been posted and providing instructions (at such time or prior to delivery of such Communication) for viewing it. Each Communication shall be effective only (a) if given by facsimile transmission, when transmitted to the applicable facsimile number, if confirmation of receipt is received; (b) if given by mail, three (3) Business Days after deposit in the U.S. mail, with first-class postage pre-paid, addressed to the applicable address; (c) if given by personal delivery, when duly delivered to the notice address with receipt acknowledged; or (d) if provided electronically by Agent to Lenders or ObligorsBorrower, when the Communication (or notice DM3\8972795.2 advising of its posting to a website) is sent to the Lender’s or Borrower AgentBxxxxxxx’s electronic address. Notwithstanding the foregoing, no notice to Agent pursuant to Section 2.1.4, 2.2, 3.1.2 or 4.1.1 shall be effective until actually received by the individual to whose attention at Agent such notice is required to be sent. Any written Communication not sent in conformity with the foregoing provisions shall nevertheless be effective on the date actually received by the noticed party. Any notice received by Borrower Agent shall be deemed received by all Obligors.
Appears in 1 contract
Notice Address. Subject to Section 14.3.2, all Communications by or to a party hereto shall be in writing and shall be given to any ObligorBorrower, at Borrower AgentBorrower’s notice address shown on the signature pages hereofhereofin the Perfection Certificate, and to any other Person Lender at its address shown on the signature pages hereof in the administrative questionnaire provided by it to Agent (or, in the case of a Person who becomes a Lender after the Closing Date, at the address shown on its Assignment), or on the administrative questionnaire provided by it to Agent), or at such other address as a party may hereafter specify by notice in accordance with this Section 14.3. In addition, a Communication from Agent to Lenders or Obligors Borrower may, to the extent permitted by lawApplicable Law, be delivered electronically (i) by transmitting the Communication to the electronic address specified to Agent in writing by the applicable Lender or Borrower Agent from time to time, or (ii) by posting the Communication on a website and sending the Lender or Borrower Agent notice (electronically or otherwise) that the Communication has been posted and providing instructions (at such time or prior to delivery of such Communication) for viewing it. Each Communication shall be effective only (a) if given by facsimile transmission, when transmitted to the applicable facsimile number, if confirmation of receipt is received; (b) if given by mail, three Business Days after deposit in the U.S. mail, with first-class postage pre-paid, addressed to the applicable address; or (c) if given by personal delivery, when duly delivered to the notice address with receipt acknowledged; or (d) if provided electronically by Agent to Lenders or ObligorsBorrower, when the Communication (or notice advising of its posting to a website) is sent to the Lender’s or Borrower AgentXxxxxxxx’s electronic address. Notwithstanding the foregoing, no notice to Agent pursuant to Section 2.1.4, 2.2, 3.1.2 or 4.1.1 shall be effective until actually received by the individual to whose attention at Agent such notice is required to be sent. Any written Communication not sent in conformity with the foregoing provisions shall nevertheless be effective on the date actually received by the noticed party. Any notice received by Borrower Agent shall be deemed received by all Obligors4.
Appears in 1 contract
Samples: Loan and Security Agreement (Summit Midstream Partners, LP)
Notice Address. Subject Except in the case of notices and other communications expressly permitted to Section 14.3.2be given by Electronic or telephonic Communications, all Communications by or to a party hereto shall be in writing and shall be given to any Obligor, at Borrower Agent’s address shown on the signature pages hereof, and to any other Person at its address shown on the signature pages hereof (or, in the case of a Person who becomes a Lender after the Closing Date, at the address shown on its Assignment), or at such other address as a party may hereafter specify by notice in accordance with this Section 14.3. In addition, a Communication from Agent to Lenders or Obligors may, to the extent permitted by law, be delivered electronically (i) by transmitting the Communication to the electronic address specified to Agent in writing by the applicable Lender or Borrower Agent from time to time, or (ii) by posting the Communication on a website and sending the Lender or Borrower Agent notice (electronically or otherwise) that the Communication has been posted and providing instructions (at such time or prior to delivery of such Communication) for viewing it. Each Communication shall be effective only (a) if given by facsimile transmission, when transmitted to the applicable facsimile number, if confirmation of receipt is received; (b) if given by mail, three Business Days after deposit in the U.S. mail, with first-class postage pre-paid, addressed to the applicable address; (c) if given by personal delivery, when duly delivered to the notice address with receipt acknowledged; or (d) if provided electronically by Agent to Lenders or Obligors, when the Communication (or notice advising of its posting to a website) is sent to the Lender’s or Borrower Agent’s electronic address. Notwithstanding the foregoing, no notice to Agent pursuant to Section 2.1.4, 2.2, 3.1.2 or 4.1.1 shall be effective until actually received by the individual to whose attention at Agent such notice is required to be sent. Any written Communication not sent in conformity with the foregoing provisions shall nevertheless be effective on the date actually received by the noticed party. Any notice received by Borrower Agent shall be deemed received by all Obligors.
Appears in 1 contract
Notice Address. Subject to Section 14.3.2All notices, all Communications requests and other communications by or to a party hereto shall be in writing and shall be given to any ObligorBorrower or Agent at the address below: Agent: Wxxxx Fargo Bank, at Borrower Agent’s address shown National Association 800 Xxxxxx Xxxxxx Mail Code F-0001-069 Des Moines, Iowa 50309 Attn: Mr. Txx Xxxxxx, Executive Vice President Facsimile: (XXX) XXX-XXXX Borrowers: Regional Management Corp. 900 Xxxxxxxxxx Xxxx, Xxxxx X Greer, South Carolina 29651 Attention: General Counsel Facsimile: (XXX) XXX-XXXX or to a Lender stated on the signature pages hereof, and to any other Person at its address shown on the signature pages hereof Schedule A (or, in the case of a Person who becomes a Lender after the Closing Date, at the address shown on its AssignmentAssignment and Acceptance), or at such other address as a party may hereafter specify by notice in accordance with this Section 14.3. In addition, a Communication from Agent to Lenders or Obligors may, to the extent permitted by law, be delivered electronically (i) by transmitting the Communication to the electronic address specified to Agent in writing by the applicable Lender or Borrower Agent from time to time, or (ii) by posting the Communication on a website and sending the Lender or Borrower Agent notice (electronically or otherwise) that the Communication has been posted and providing instructions (at such time or prior to delivery of such Communication) for viewing it13.5. Each Communication such notice, request or other communication shall be effective only (a) if given by facsimile transmission, when transmitted to the applicable facsimile number, if confirmation of receipt is receivedreceived (except that, if not given during normal business hours for the recipient, such notice shall be deemed to have been given at the opening of business on the next business day for the recipient); (b) if given by certified or registered U.S. mail, three Business Days after deposit in the U.S. mailupon receipt, with first-class postage pre-paid, addressed to the applicable address; or (c) if given by personal delivery, when duly delivered to the notice address with receipt acknowledged; or (d) if provided electronically by Agent to Lenders or Obligors, when the Communication (or notice advising of its posting to a website) is sent to the Lender’s or Borrower Agent’s electronic address. Notwithstanding the foregoing, no notice to Agent pursuant to Section 2.1.4, Sections 2.2, 3.1.2 2.18 or 4.1.1 3.1 shall be effective until actually received by the individual to whose attention at Agent such notice is required to be sentAgent. Any written Communication notice, request or other communication that is not sent in conformity with the foregoing provisions shall nevertheless be effective on the date actually received by the noticed party. Any notice received by Borrower Agent Regional shall be deemed received by all ObligorsBorrowers.
Appears in 1 contract
Samples: Loan and Security Agreement (Regional Management Corp.)
Notice Address. Subject to Section 14.3.2All notices, all Communications requests and other communications by or to a party hereto shall be in writing and shall be given to any ObligorBorrower or Agent at the address below: Agent: Xxxxx Fargo Bank, at Borrower Agent’s address shown National Association 000 Xxxxxx Xxxxxx Mail Code F-0001-069 Des Moines, Iowa 50309 Attn: Mr. Xxx Xxxxxx, Executive Vice President Facsimile: xxx-xxx-xxxx Borrowers: Regional Management Corp. 000 Xxxxxxxxxx Xxxx, Xxxxx X Greer, South Carolina 29651 Attention: General Counsel Facsimile: xxx-xxx-xxxx or to a Lender stated on the signature pages hereof, and to any other Person at its address shown on the signature pages hereof Schedule A (or, in the case of a Person who becomes a Lender after the Closing Date, at the address shown on its AssignmentAssignment and Acceptance), or at such other address as a party may hereafter specify by notice in accordance with this Section 14.3. In addition, a Communication from Agent to Lenders or Obligors may, to the extent permitted by law, be delivered electronically (i) by transmitting the Communication to the electronic address specified to Agent in writing by the applicable Lender or Borrower Agent from time to time, or (ii) by posting the Communication on a website and sending the Lender or Borrower Agent notice (electronically or otherwise) that the Communication has been posted and providing instructions (at such time or prior to delivery of such Communication) for viewing it13.5. Each Communication such notice, request or other communication shall be effective only (a) if given by facsimile transmission, when transmitted to the applicable facsimile number, if confirmation of receipt is receivedreceived (except that, if not given during normal business hours for the recipient, such notice shall be deemed to have been given at the opening of business on the next business day for the recipient); (b) if given by certified or registered U.S. mail, three Business Days after deposit in the U.S. mailupon receipt, with first-class postage pre-paid, addressed to the applicable address; or (c) if given by personal delivery, when duly delivered to the notice address with receipt acknowledged; or (d) if provided electronically by Agent to Lenders or Obligors, when the Communication (or notice advising of its posting to a website) is sent to the Lender’s or Borrower Agent’s electronic address. Notwithstanding the foregoing, no notice to Agent pursuant to Section 2.1.4, Sections 2.2, 3.1.2 2.18 or 4.1.1 3.1 shall be effective until actually received by the individual to whose attention at Agent such notice is required to be sentAgent. Any written Communication notice, request or other communication that is not sent in conformity with the foregoing provisions shall nevertheless be effective on the date actually received by the noticed party. Any notice received by Borrower Agent Regional shall be deemed received by all ObligorsBorrowers.
Appears in 1 contract
Samples: Loan and Security Agreement (Regional Management Corp.)