Common use of Notice and Communications Clause in Contracts

Notice and Communications. (a) All communications given by any party to another as required or provided under this Agreement must be in writing, directed to the respective designated officer (“Designated Officer”) set forth under paragraph (c) of this Section 7, and delivered to each recipient party at its address (or at such other address and to such other Designated Officer as such party may designate in writing to the other parties in accordance with this Section 7) either by U.S. Mail, receipted delivery service or via telecopier facsimile transmission. All communications given by the Secured Party to the Bank must be addressed and delivered contemporaneously to both the Bank’s Designated Officer and the Bank’s “with copy to” addressee at their respective addresses set forth below. (b) Any communication (including the Notice) made by (or believed in good faith by the Bank to be made by) the Company or the Secured Party to the Bank under this Agreement shall be deemed delivered to the Bank if delivered by: (i) U.S. Mail, on the date that such communication shall have been delivered to the Bank’s Designated Officer; (ii) receipted delivery service, on the date and time that such communication shall have been delivered to the Bank’s Designated Officer and receipted by the delivery service; or (iii) telecopier facsimile transmission, on the date and at the time that such communication shall have been delivered to the Bank’s Designated Officer and receipt of such delivery shall have been acknowledged by the recipient telecopier equipment. Notwithstanding the provisions of the preceding sentence, any communication hereunder to the Bank that is an instruction (including the Notice) delivered to the Bank and made by (or believed by the Bank in good faith to be made by) the Company or the Secured Party shall be deemed received by the Bank when actually delivered to the Bank’s Designated Officer if delivered before 2:00 PM Eastern time on a banking day or, if such communication were delivered after 2:00 PM Eastern time on a banking day or delivered on a day that is not a banking day, then such communication shall be deemed delivered to the Bank’s Designated Officer at the Bank’s opening of its business on the next succeeding banking day. A “banking day” means any day other than any Saturday or Sunday or other day on which the Bank is authorized or required by law to close.

Notice and Communications. (a) All communications given by any party to another as required or provided permitted under this Agreement must be in writing, directed to the respective designated officer representative (“Designated OfficerRepresentative”) set forth under paragraph (c) of this Section 7, and delivered to each recipient party at its address (or at such other address and to such other Designated Officer as such party may designate in writing to the other parties in accordance with this Section 7) either by U.S. Mail, receipted delivery service or via telecopier facsimile email transmission. All communications given by the Secured Party to the Bank must be addressed and delivered contemporaneously to both the Bank’s Designated Officer and the Bank’s “with copy to” addressee at their respective addresses set forth below. (b) Any communication (including the Notice) made by (or believed in good faith by the Bank to be made by) the Company or the Secured Party to the Bank under this Agreement shall be deemed delivered to the Bank if delivered by: (i) U.S. Mail, on the date that such communication shall have been delivered to the Bank’s Designated OfficerRepresentative; (ii) receipted delivery service, on the date and time that such communication shall have been delivered to the Bank’s Designated Officer Representative and receipted by the delivery service; or (iii) telecopier facsimile email transmission, on the date and at the time that such communication shall have been delivered to the Bank’s Designated Officer Representative and receipt of such delivery shall have been acknowledged by the recipient telecopier equipmentrecipient. Notwithstanding the provisions of the preceding sentence, any communication hereunder to the Bank that is an instruction (including the Notice) delivered to the Bank and made by (or believed by the Bank in good faith to be made by) the Company or the Secured Party shall be deemed received by the Bank when actually delivered to the Bank’s Designated Officer Representative if delivered before 2:00 PM Eastern time on a banking day or, if such communication were delivered after 2:00 PM Eastern time on a banking day or delivered on a day that is not a banking day, then such communication shall be deemed delivered to the Bank’s Designated Officer Representative at the Bank’s opening of its business on the next succeeding banking day. A “banking day” means any day other than any Saturday or Sunday or other day on which the Bank is authorized or required by law to close.

Notice and Communications. 19.1 All notices, reports, statements, confirmations and other communications (a“Communications”) All communications given by any party to another as required or provided under this Agreement must shall be in writing, directed written form which may be personally delivered or transmitted by post or facsimile if to the respective designated officer (“Designated Officer”) set forth under paragraph (c) of this Section 7Customer, and delivered to each recipient party at its the address (or facsimile number given in the Customer Information Form or at such other address or facsimile number as shall be designated by the Customer in a written notice to CMSHK; and if to CMSHK, at its address of such other Designated Officer office of CMSHK as CMSHK may from time to time select and notify to the Customer provided however that where the Customer has consented to transmission of the Communications by CMSHK to the Customer through electronic communications on terms satisfactory to CMSHK, the Communications may also be transmitted by CMSHK to the Customer via electronic mail using the electronic mail address designated by the Customer to CMSHK for such party may designate purpose in writing to the other parties in accordance with this Section 7and transmitting Communications (including Instructions) either by U.S. Mail, receipted delivery service or via telecopier facsimile transmission. All communications given by the Secured Party Customer to CMSHK by facsimile or electronic mail shall be conditional on due signing by the Bank must Customer of such acknowledgment and confirmation required by CMSHK while giving instructions, notifications and other communications by the Customer to CMSHK over the phone is conditional on due signing by the Customer of such acknowledgement and confirmation required by CMSHK and completion of security and identity verification procedures. 19.2 All such notices, reports, statements, confirmations and other communications shall be addressed and deemed to have been duly served: (a) at the time of delivery or transmission, if delivered contemporaneously to both the Bank’s Designated Officer and the Bank’s “with copy to” addressee at their respective addresses set forth below.personally, by facsimile or by electronic mail; or (b) Any communication 2 Business Days after the date of posting, if sent by local mail; or (c) 5 Business Days after the date of posting, if sent overseas by airmail. 19.3 The Customer acknowledges that telephone calls between the Customer (including its Authorised Persons and the Joint Holders (as the case may be)) and CMSHK may be recorded and that the record may be used as final and conclusive evidence of the Instructions in the case of disputes. 19.4 The Customer may choose to opt out from trade execution notifications only. Under such circumstances, the Customer shall sign an acknowledgement of the risks as disclosed by the Company prior to the Company effecting such opt out. Please refer to the Schedules in this agreement, in particular Schedule III Part V. 19.5 If the Customer is a corporation, CMSHK is authorised to, in its sole discretion, provide any information on or relating to the Account to any one or more of the directors or such other persons of whom CMSHK is satisfied as being members of the Customer’s governing body as the case may be irrespective of whether such persons are Authorised Persons and if they are, irrespective of their signing authority for the Account. 19.6 In respect of any Customer who requests CMSHK to accept and process duly signed instructions, confirmation, authority and other communications issued by the Customer or for and on its behalf relating to its Account(s) (“Important Messages”) even if the same are sent to CMSHK by facsimile transmission and/or e-mail (attaching pdf. files of the Important Messages duly signed) to the facsimile number and/or e-mail address designated by CMSHK from time to time and CMSHK has not yet received the signed original: 19.6.1 the Customer hereby acknowledges that that facsimile and e-mail (whether encrypted or not) transmissions are not secure means of transmitting Important Messages and the Customer is aware of the risk involved (e.g. for e-mail transmission, there is the risk of interception and there may be delay in transmission) and its request to CMSHK to accept and act upon Important Messages from it sent via facsimile and/or e-mail transmission without having received the signed original is purely for its convenience and efficiency purpose. The Customer is aware that with advanced photocopying and scanning technology nowadays, it is rather easy for Important Messages to be faked where the Important Messages have in fact not been signed by the signatory(ies) appear to have signed the same; and 19.6.2 the Customer hereby agrees that: (i) wherever possible Important Messages sent by facsimile and/or e-mail transmission to CMSHK will be in the form agreed to by CMSHK; (ii) Important Messages sent by facsimile and/or by e-mail to CMSHK will be transmitted to the facsimile number(s) and/or e-mail address(es) specified by CMSHK for such purpose from time to time and from the facsimile number(s) and/or e-mail address(es) it designate to CMSHK in writing for such purpose; (iii) when sending Important Messages to CMSHK by facsimile and/or e-mail transmission, the Customer will at its expense take the risk control measures requested or suggested by CMSHK from time to time; (iv) CMSHK (including its directors, officers, employees and duly appointed agents (CMSHK and each of the parties aforesaid are hereinafter called “Indemnitees” and each an “Indemnitee”)) is under no duty or obligation to and need not verify the authenticity, source, accuracy or authority to so transmit Important Messages to CMSHK; 19.6.3 the Customer further acknowledges that: (i) despite the risk control measures mentioned in Clause 19.5.2(iii), the risks associated with transmission of Important Messages via facsimile and/or e-mail transmission can in no way be completely eliminated; (ii) CMSHK may but is not obliged to verify the content of the Important Messages with its Authorized Person(s) with respect to its Account(s) verbally; 19.6.4 the Customer further agrees and undertakes that: (i) in the event that the Important Messages are inconsistent or conflict with the instructions obtained by CMSHK from such verification, CMSHK is entitled not to process or act on and CMSHK and the other Indemnitees shall not be held liable for not processing or acting on the Important Messages sent via facsimile or e-mail transmission and the instructions obtained from such verbal verification; (ii) the Customer will alert its Authorized Person(s) that for the purpose of the said verification, CMSHK will verify his/her/their identity by asking certain questions relating to his/her/their personal particulars and that CMSHK reserves the right to record the telephone conversation(s); (iii) the Customer shall promptly check any trading or instruction confirmation CMSHK sends it (if any) after processing or otherwise acting on the Important Messages given to CMSHK via facsimile and/or e-mail transmission for and on its behalf; (iv) CMSHK (including the Noticeother Indemnities) made shall be under no obligation to accept or process any Important Messages sent by facsimile and/or e- mail transmission; (v) CMSHK may at any time give notice to the Customer that it will refuse to accept and process further Important Messages sent by facsimile and/or e-mail transmission before CMSHK’s receipt of the signed originals; and (vi) to the extent permitted by applicable law, not to hold CMSHK and the other Indemnities liable for any damage, loss, claim, proceedings, demand, cost and expenses whatsoever incurred or believed in good faith which may be incurred by the Bank Customer by reason of, arising from or in any way relating to the receipt or non-receipt, the acceptance or non-acceptance, communication or transmission, acting upon or omitting to act upon Important Messages sent by facsimile and/or e-mail transmission in the absence of fraud, gross negligence and wilful misconduct on the part of CMSHK and the other Indemnitees. 19.7 In respect of any Customer who requests CMSHK to accept Important Messages given for and on its behalf over the phone by the individual(s) who has/have input the correct login ID and password and who appear(s) from the answers to the identity verification questions raised thereto to be made byits Trading Representative(s) according to its then latest record (such individual is hereinafter called the Company “Caller”) even if the Important Message is not set out in writing or signed by its Authorized Person(s) for such Account(s): 19.7.1 the Secured Party Customer acknowledges that telephone is not secure means of communicating Important Messages to CMSHK and it is aware of the Bank under this Agreement shall be deemed delivered risk involved (e.g. the risk of interception) and its request to CMSHK to accept and act upon Important Messages from it communicated over the Bank if delivered by: phone without having received the Important Messages set out in writing and duly signed is purely for its convenience and efficiency purpose. It is aware that raising identity verification questions is not a completely reliable means of verifying the identity of the Caller, CMSHK does not have record of the voice sample of its Trading Representative(s) and other than the identity verification arrangements mentioned above no technology or mechanism for checking whether the Caller is its Trading Representative based on voice or other characteristics is employed by CMSHK; 19.7.2 the Customer agrees that: (i) U.S. Mail, on Important Messages communicated to CMSHK over the date phone will be given using the telephone number(s) specified by CMSHK for such purpose from time to time and it will keep and procure to be kept confidential the login ID and passwords for such purpose such that such communication shall have been delivered to the Bank’s Designated Officer; they are only known by its Trading Representative for whom they are designated; (ii) receipted delivery servicewhen communicating Important Messages to CMSHK by phone, on it will at its expense take the date and risk control measures requested or suggested by CMSHK from time that such communication shall have been delivered to the Bank’s Designated Officer and receipted by the delivery service; or time; (iii) telecopier facsimile transmissionall “Indemnitees” are under no duty or obligation to and need not verify the authenticity, source, accuracy or authority to so communicate Important Messages to CMSHK; 19.7.3 the Customer further acknowledges that: (i) despite the risk control measures mentioned in Clause 19.6.2(ii), the risks associated with communicating Important Messages over the phone can in no way be completely eliminated; (ii) CMSHK may but is not obliged to verify the content of the Important Messages with its Authorized Persons(s) and/or Trading Representative(s) with respect to its Account(s) verbally; 19.7.4 the Customer further agrees that: (i) in the event that the Important Messages are inconsistent or conflict with the instructions obtained by CMSHK from such verification, CMSHK is entitled not to process or act on and CMSHK and the other Indemnitees shall not be held liable for not processing or acting on the date Important Messages communicated to CMSHK over the phone and at the time instructions obtained from such verbal verification; (ii) it will alert its Authorized Person(s) and Trading Representative(s) that such communication shall have been delivered to for the Bank’s Designated Officer and receipt of such delivery shall have been acknowledged by the recipient telecopier equipment. Notwithstanding the provisions purpose of the preceding sentencesaid verification, CMSHK will verify his/her/their identity by asking certain questions relating to his/her/their personal particulars and that CMSHK reserves the right to record the telephone conversation(s); (iii) it shall promptly check any communication hereunder trading or instruction confirmation CMSHK sends it (if any) after processing or otherwise acting on the Important Messages given to CMSHK over the Bank that is an instruction phone for and on its behalf; (iv) CMSHK (including the Noticeother Indemnities) delivered shall be under no obligation to accept or process any Important Messages communicated to CMSHK over the phone without the Important Messages set out in writing and signed by its authorised signer(s) in accordance with its approved signing arrangements according to the Bank latest record of CMSHK; (v) CMSHK may at any time give notice to it that it will refuse to accept and made process further Important Messages communicated to CMSHK over the phone in the absence of such Important Messages set out in writing duly signed; and (vi) To the extent permitted by applicable law, to release CMSHK and the other Indemnities from any liability for any damage, loss, claim, proceedings, demand, cost and expenses whatsoever incurred or which may be incurred by CMSHK and the other Indemnitees by reason of, arising from or in any way relating to the acting upon or omitting to act upon Important Messages communicated to CMSHK over the phone in the absence of fraud, gross negligence and willful misconduct on the part of CMSHK and the other Indemnitees. 19.8 In respect of Customers who consents to CMSHK providing any Communications through electronic communication (instead of through other means like physical mail): 19.8.1 the Customer agrees that despite the foregoing consent, CMSHK may, if it deems fit, send any of the Communications to the Customer by post, whether in addition to or believed in substitution of sending the Communications by e-mail; 19.8.2 the Bank Customer acknowledges and accepts the risks of receiving the Communications via electronic communications, including but not limited to the following: (i) there may be delay or failure in good faith transmitting Communications by electronic communications; (ii) electronic communications are subject to the risk of hacking and virus; (iii) limitation in the size of inbox may preclude the receipt of Communications sent by electronic communications, particularly those with attachments of large size; (iv) there may be the risk of failure of the Communications sent via electronic communication to be made byreceived in the inbox of the Customer’s e-mail account (say where the Communication has entered the junk mail box) thus causing delay in the Company or the Secured Party shall be deemed received by the Bank when actually delivered Customer’s access to the BankCommunication; 19.8.3 the Customer further acknowledges and agrees that it is the Customer’s Designated Officer if delivered before 2:00 PM Eastern time on a banking day or, if such communication were delivered after 2:00 PM Eastern time on a banking day or delivered on a day that is not a banking day, then such communication shall be deemed delivered responsibility to control the access to the BankCommunications sent to the Customer’s Designated Officer at designated e-mailaddress (including control of the Bank’s opening disclosure of its business on anypassword required for accessing the next succeeding banking day. A “banking day” means any day other than any Saturday or Sunday or other day on Communications) and to adopt propersafeguard against unauthorised access to the Communications; 19.8.4 the Customer agrees and undertakes to hold CMSHK harmless from and against all losses, damages, interests, costs, expenses, actions, demands, claims and proceedings of whatsoever nature which the Bank Customer may incur, suffer and/or sustain as a result of CMSHK’s despatch of the Communications via electronic communication; 19.8.5 the Customer undertakes to notify CMSHK of any change in the Customer’s e-mail address for receiving Communications; and 19.8.6 the Customer agrees that if CMSHK receives two successive messages in relation to failure of sending any Communications to the Customer’s designated e-mail address, CMSHK has the right to send the Communications to the Customer via physical mail instead. 19.9 The Customer agrees that it shall hold harmless and indemnify and keep indemnified CMSHK (for itself and as trustee of the other Indemnities) and the other Indemnitees from and against all actions, claims, demands, liabilities, obligations, losses, damages, costs (including, without limitation, interest, legal fees and expenses) and expenses of whatever nature (whether actual or contingent) suffered or incurred, sustained by or threatened against the Indemnitees whatsoever and howsoever, arising from or in connection with or in any way relating to: 19.9.1 the receipt or non-receipt, communication or transmission, acting upon or omitting to act upon, of Important Messages transmitted facsimile and/or e-mail transmission; and 19.9.2 the acting upon or omitting to act upon, of Important Messages communicated to CMSHK over the phone whether or not the Caller is authorized or required by law confirmed to closebe its Trading Representative.

Notice and Communications. (a) All communications given by any party to another as required or provided under this Agreement must be in writing, directed to the respective designated officer (“"Designated Officer”") set forth under paragraph (c) of this Section 7, and delivered to each recipient party at its address (or at such other address and to such other Designated Officer as such party may designate in writing to the other parties in accordance with this Section 7) either by U.S. Mail, receipted delivery service or via telecopier facsimile transmission. All communications given by the Secured Party to the Bank must be addressed and delivered contemporaneously to both the Bank’s 's Designated Officer and the Bank’s “'s "with copy to” " addressee at their respective addresses set forth below. (b) Any communication (including the Notice) made by (or believed in good faith by the Bank to be made by) the Company or the Secured Party to the Bank under this Agreement shall be deemed delivered to the Bank if delivered by: (i) U.S. Mail, on the date that such communication shall have been delivered to the Bank’s 's Designated Officer; (ii) receipted delivery service, on the date and time that such communication shall have been delivered to the Bank’s 's Designated Officer and receipted by the delivery service; or (iii) telecopier facsimile transmission, on the date and at the time that such communication shall have been delivered to the Bank’s 's Designated Officer and receipt of such delivery shall have been acknowledged by the recipient telecopier equipment. Notwithstanding the provisions of the preceding sentence, any communication hereunder to the Bank that is an instruction (including the Notice) delivered to the Bank and made by (or believed by the Bank in good faith to be made by) the Company or the Secured Party shall be deemed received by the Bank when actually delivered to the Bank’s 's Designated Officer if delivered before 2:00 PM Eastern time on a banking day or, if such communication were delivered after 2:00 PM Eastern time on a banking day or delivered on a day that is not a banking day, then such communication shall be deemed delivered to the Bank’s 's Designated Officer at the Bank’s 's opening of its business on the next succeeding banking day. A “"banking day” " means any day other than any Saturday or Sunday or other day on which the Bank is authorized or required by law to close.

Notice and Communications. 19.1 All notices, reports, statements, confirmations and other communications (a“Communications”) All communications given by any party to another as required or provided under this Agreement must shall be in writing, directed written form which may be personally delivered or transmitted by post or facsimile if to the respective designated officer (“Designated Officer”) set forth under paragraph (c) of this Section 7Customer, and delivered to each recipient party at its the address (or facsimile number given in the Customer Information Form or at such other address or facsimile number as shall be designated by the Customer in a written notice to CMSHK; and if to CMSHK, at its address of such other Designated Officer office of CMSHK as CMSHK may from time to time select and notify to the Customer provided however that where the Customer has consented to transmission of the Communications by CMSHK to the Customer through electronic communications on terms satisfactory to CMSHK, the Communications may also be transmitted by CMSHK to the Customer via electronic mail using the electronic mail address designated by the Customer to CMSHK for such party may designate purpose in writing to the other parties in accordance with this Section 7and transmitting Communications (including Instructions) either by U.S. Mail, receipted delivery service or via telecopier facsimile transmission. All communications given by the Secured Party Customer to CMSHK by facsimile or electronic mail shall be conditional on due signing by the Bank must Customer of such acknowledgment and confirmation required by CMSHK while giving instructions, notifications and other communications by the Customer to CMSHK over the phone is conditional on due signing by the Customer of such acknowledgement and confirmation required by CMSHK and completion of security and identity verification procedures. 19.2 All such notices, reports, statements, confirmations and other communications shall be addressed and deemed to have been duly served: (a) at the time of delivery or transmission, if delivered contemporaneously to both the Bank’s Designated Officer and the Bank’s “with copy to” addressee at their respective addresses set forth below.personally, by facsimile or by electronic mail; or (b) Any communication 2 Business Days after the date of posting, if sent by local mail; or (c) 5 Business Days after the date of posting, if sent overseas by airmail. 19.3 The Customer acknowledges that telephone calls between the Customer (including its Authorised Persons and the Joint Holders (as the case may be)) and CMSHK may be recorded and that the record may be used as final and conclusive evidence of the Instructions in the case of disputes. 19.4 The Customer may choose to opt out from trade execution notifications only. Under such circumstances, the Customer shall sign an acknowledgement of the risks as disclosed by the Company prior to the Company effecting such opt out. Please refer to the Schedules in this agreement, in particular Schedule III Part V. 19.5 If the Customer is a corporation, CMSHK is authorised to, in its sole discretion, provide any information on or relating to the Account to any one or more of the directors or such other persons of whom CMSHK is satisfied as being members of the Customer’s governing body as the case may be irrespective of whether such persons are Authorised Persons and if they are, irrespective of their signing authority for the Account. 19.6 In respect of any Customer who requests CMSHK to accept and process duly signed instructions, confirmation, authority and other communications issued by the Customer or for and on its behalf relating to its Account(s) (“Important Messages”) even if the same are sent to CMSHK by facsimile transmission and/or e-mail (attaching pdf. files of the Important Messages duly signed) to the facsimile number and/or e-mail address designated by CMSHK from time to time and CMSHK has not yet received the signed original: 19.6.1 the Customer hereby acknowledges that that facsimile and e-mail (whether encrypted or not) transmissions are not secure means of transmitting Important Messages and the Customer is aware of the risk involved (e.g. for e-mail transmission, there is the risk of interception and there may be delay in transmission) and its request to CMSHK to accept and act upon Important Messages from it sent via facsimile and/or e-mail transmission without having received the signed original is purely for its convenience and efficiency purpose. The Customer is aware that with advanced photocopying and scanning technology nowadays, it is rather easy for Important Messages to be faked where the Important Messages have in fact not been signed by the signatory(ies) appear to have signed the same; and 19.6.2 the Customer hereby agrees that: (i) wherever possible Important Messages sent by facsimile and/or e-mail transmission to CMSHK will be in the form agreed to by CMSHK; (ii) Important Messages sent by facsimile and/or by e-mail to CMSHK will be transmitted to the facsimile number(s) and/or e-mail address(es) specified by CMSHK for such purpose from time to time and from the facsimile number(s) and/or e-mail address(es) it designate to CMSHK in writing for such purpose; (iii) when sending Important Messages to CMSHK by facsimile and/or e-mail transmission, the Customer will at its expense take the risk control measures requested or suggested by CMSHK from time to time; (iv) CMSHK (including its directors, officers, employees and duly appointed agents (CMSHK and each of the parties aforesaid are hereinafter called “Indemnitees” and each an “Indemnitee”)) is under no duty or obligation to and need not verify the authenticity, source, accuracy or authority to so transmit Important Messages to CMSHK; 19.6.3 the Customer further acknowledges that: (i) despite the risk control measures mentioned in Clause 19.5.2(iii), the risks associated with transmission of Important Messages via facsimile and/or e-mail transmission can in no way be completely eliminated; (ii) CMSHK may but is not obliged to verify the content of the Important Messages with its Authorized Person(s) with respect to its Account(s) verbally; 19.6.4 the Customer further agrees and undertakes that: (i) in the event that the Important Messages are inconsistent or conflict with the instructions obtained by CMSHK from such verification, CMSHK is entitled not to process or act on and CMSHK and the other Indemnitees shall not be held liable for not processing or acting on the Important Messages sent via facsimile or e-mail transmission and the instructions obtained from such verbal verification; (ii) the Customer will alert its Authorized Person(s) that for the purpose of the said verification, CMSHK will verify his/her/their identity by asking certain questions relating to his/her/their personal particulars and that CMSHK reserves the right to record the telephone conversation(s); (iii) the Customer shall promptly check any trading or instruction confirmation CMSHK sends it (if any) after processing or otherwise acting on the Important Messages given to CMSHK via facsimile and/or e-mail transmission for and on its behalf; (iv) CMSHK (including the Noticeother Indemnities) made shall be under no obligation to accept or process any Important Messages sent by facsimile and/or e- mail transmission; (v) CMSHK may at any time give notice to the Customer that it will refuse to accept and process further Important Messages sent by facsimile and/or e-mail transmission before CMSHK’s receipt of the signed originals; and (vi) to the extent permitted by applicable law, the Customer shall not hold CMSHK and the other Indemnities liable for any damage, loss, claim, proceedings, demand, cost and expenses whatsoever incurred or believed in good faith which may be incurred by the Bank Customer by reason of, arising from or in any way relating to the receipt or non-receipt, the acceptance or non-acceptance, communication or transmission, acting upon or omitting to act upon Important Messages sent by facsimile and/or e-mail transmission in the absence of fraud, gross negligence and wilful misconduct on the part of CMSHK and the other Indemnitees. 19.7 In respect of the Customer who requests CMSHK to accept Important Messages given for and on its behalf over the phone by the individual(s) who has/have input the correct login ID and password and who appear(s) from the answers to the identity verification questions raised thereto to be made byits Trading Representative(s) according to its then latest record (such individual is hereinafter called the Company “Caller”) even if the Important Message is not set out in writing or signed by its Authorized Person(s) for such Account(s): 19.7.1 the Secured Party Customer acknowledges that telephone is not secure means of communicating Important Messages to CMSHK and it is aware of the Bank under this Agreement shall be deemed delivered risk involved (e.g. the risk of interception) and its request to CMSHK to accept and act upon Important Messages from it communicated over the Bank if delivered by: phone without having received the Important Messages set out in writing and duly signed is purely for its convenience and efficiency purpose. It is aware that raising identity verification questions is not a completely reliable means of verifying the identity of the Caller, CMSHK does not have record of the voice sample of its Trading Representative(s) and other than the identity verification arrangements mentioned above no technology or mechanism for checking whether the Caller is its Trading Representative based on voice or other characteristics is employed by CMSHK; 19.7.2 the Customer agrees that: (i) U.S. Mail, on Important Messages communicated to CMSHK over the date phone will be given using the telephone number(s) specified by CMSHK for such purpose from time to time and it will keep and procure to be kept confidential the login ID and passwords for such purpose such that such communication shall have been delivered to the Bank’s Designated Officer; they are only known by its Trading Representative for whom they are designated; (ii) receipted delivery servicewhen communicating Important Messages to CMSHK by phone, on it will at its expense take the date and risk control measures requested or suggested by CMSHK from time that such communication shall have been delivered to the Bank’s Designated Officer and receipted by the delivery service; or time; (iii) telecopier facsimile transmissionall “Indemnitees” are under no duty or obligation to and need not verify the authenticity, source, accuracy or authority to so communicate Important Messages to CMSHK; 19.7.3 the Customer further acknowledges that: (i) despite the risk control measures mentioned in Clause 19.7.4, the risks associated with communicating Important Messages over the phone can in no way be completely eliminated; (ii) CMSHK may but is not obliged to verify the content of the Important Messages with its Authorized Persons(s) and/or Trading Representative(s) with respect to its Account(s) verbally; 19.7.4 the Customer further agrees that: (i) in the event that the Important Messages are inconsistent or conflict with the instructions obtained by CMSHK from such verification, CMSHK is entitled not to process or act on and CMSHK and the other Indemnitees shall not be held liable for not processing or acting on the date Important Messages communicated to CMSHK over the phone and at the time instructions obtained from such verbal verification; (ii) it will alert its Authorized Person(s) and Trading Representative(s) that such communication shall have been delivered to for the Bank’s Designated Officer and receipt of such delivery shall have been acknowledged by the recipient telecopier equipment. Notwithstanding the provisions purpose of the preceding sentencesaid verification, CMSHK will verify his/her/their identity by asking certain questions relating to his/her/their personal particulars and that CMSHK reserves the right to record the telephone conversation(s); (iii) it shall promptly check any communication hereunder trading or instruction confirmation CMSHK sends to it (if any) after processing or otherwise acting on the Bank that is an instruction Important Messages given to CMSHK over the phone for and on its behalf; (iv) CMSHK (including the Noticeother Indemnities) delivered shall be under no obligation to accept or process any Important Messages communicated to CMSHK over the phone without the Important Messages set out in writing and signed by its authorised signer(s) in accordance with its approved signing arrangements according to the Bank latest record of CMSHK; (v) CMSHK may at any time give notice to it that it will refuse to accept and made process further Important Messages communicated to CMSHK over the phone in the absence of such Important Messages set out in writing duly signed; and (vi) To the extent permitted by applicable law, the Customer shall release CMSHK and the other Indemnities from any liability for any damage, loss, claim, proceedings, demand, cost and expenses whatsoever incurred or which may be incurred by CMSHK and the other Indemnitees by reason of, arising from or in any way relating to the acting upon or omitting to act upon Important Messages communicated to CMSHK over the phone in the absence of fraud, gross negligence and willful misconduct on the part of CMSHK and the other Indemnitees. 19.8 Notwithstanding the Customer’s consent to CMSHK providing any Communications through electronic communication (instead of through other means like physical mail): 19.8.1 the Customer agrees that despite the foregoing consent, CMSHK may, if it deems fit, send any of the Communications to the Customer by post, whether in addition to or believed in substitution of sending the Communications by e-mail; 19.8.2 the Bank Customer acknowledges and accepts the risks of receiving the Communications via electronic communications, including but not limited to the following: (i) there may be delay or failure in good faith transmitting Communications by electronic communications; (ii) electronic communications are subject to the risk of hacking and virus; (iii) limitation in the size of inbox may preclude the receipt of Communications sent by electronic communications, particularly those with attachments of large size; (iv) there may be the risk of failure of the Communications sent via electronic communication to be made byreceived in the inbox of the Customer’s e-mail account (say where the Communication has entered the junk mail box) thus causing delay in the Company Customer’s access to the Communications; 19.8.3 the Customer further acknowledges and agrees that it is the Customer’s responsibility to control the access to the Communications sent to the Customer’s designated e-mailaddress (including control of the disclosure of anypassword required for accessing the Communications) and to adopt propersafeguard against unauthorised access to the Communications; 19.8.4 the Customer agrees and undertakes to hold CMSHK harmless from and against all losses, damages, interests, costs, expenses, actions, demands, claims and proceedings of whatsoever nature which the Customer may incur, suffer and/or sustain as a result of CMSHK’s despatch of the Communications via electronic communication; 19.8.5 the Customer undertakes to notify CMSHK of any change in the Customer’s e-mail address for receiving Communications; and 19.8.6 the Customer agrees that if CMSHK receives two successive messages in relation to failure of sending any Communications to the Customer’s designated e-mail address, CMSHK has the right to send the Communications to the Customer via physical mail instead. 19.9 The Customer agrees that it shall hold harmless and indemnify and keep indemnified CMSHK (for itself and as trustee of the other Indemnities) and the other Indemnitees from and against all actions, claims, demands, liabilities, obligations, losses, damages, costs (including, without limitation, interest, legal fees and expenses) and expenses of whatever nature (whether actual or contingent) suffered or incurred, sustained by or threatened against CMSHK or the Secured Party shall Indemnitees whatsoever and howsoever, arising from or in connection with or in any way relating to: 19.9.1 the receipt or non-receipt, communication or transmission, acting upon or omitting to act upon, of Important Messages transmitted facsimile and/or e-mail transmission; and 19.9.2 the acting upon or omitting to act upon, of Important Messages communicated to CMSHK over the phone whether or not the Caller is confirmed to be deemed received by the Bank when actually delivered to the Bank’s Designated Officer if delivered before 2:00 PM Eastern time on a banking day or, if such communication were delivered after 2:00 PM Eastern time on a banking day or delivered on a day that is not a banking day, then such communication shall be deemed delivered to the Bank’s Designated Officer at the Bank’s opening of its business on the next succeeding banking day. A “banking day” means any day other than any Saturday or Sunday or other day on which the Bank is authorized or required by law to closeTrading Representative.

Notice and Communications. 19.1 All notices, reports, statements, confirmations and other communications (a“Communications”) All communications given by any party to another as required or provided under this Agreement must shall be in writing, directed written form which may be personally delivered or transmitted by post or facsimile if to the respective designated officer (“Designated Officer”) set forth under paragraph (c) of this Section 7Customer, and delivered to each recipient party at its the address (or facsimile number given in the Customer Information Form or at such other address or facsimile number as shall be designated by the Customer in a written notice to CMSHK; and if to CMSHK, at its address of such other Designated Officer office of CMSHK as CMSHK may from time to time select and notify to the Customer provided however that where the Customer has consented to transmission of the Communications by CMSHK to the Customer through electronic communications on terms satisfactory to CMSHK, the Communications may also be transmitted by CMSHK to the Customer via electronic mail using the electronic mail address designated by the Customer to CMSHK for such party may designate purpose in writing to the other parties in accordance with this Section 7and transmitting Communications (including Instructions) either by U.S. Mail, receipted delivery service or via telecopier facsimile transmission. All communications given by the Secured Party Customer to CMSHK by facsimile or electronic mail shall be conditional on due signing by the Bank must Customer of such acknowledgment and confirmation required by CMSHK while giving instructions, notifications and other communications by the Customer to CMSHK over the phone is conditional on due signing by the Customer of such acknowledgement and confirmation required by CMSHK and completion of security and identity verification procedures. 19.2 All such notices, reports, statements, confirmations and other communications shall be addressed and deemed to have been duly served: (a) at the time of delivery or transmission, if delivered contemporaneously to both the Bank’s Designated Officer and the Bank’s “with copy to” addressee at their respective addresses set forth below.personally, by facsimile or by electronic mail; or (b) Any communication 2 Business Days after the date of posting, if sent by local mail; or (c) 5 Business Days after the date of posting, if sent overseas by airmail. 19.3 The Customer acknowledges that telephone calls between the Customer (including its Authorised Persons and the Joint Holders (as the case may be)) and CMSHK may be recorded and that the record may be used as final and conclusive evidence of the Instructions in the case of disputes. 19.4 The Customer may choose to opt out from trade execution notifications only. Under such circumstances, the Customer shall sign an acknowledgement of the risks as disclosed by the Company prior to the Company effecting such opt out. Please refer to the Schedules in this agreement, in particular Schedule III Part V. 19.5 If the Customer is a corporation, CMSHK is authorised to, in its sole discretion, provide any information on or relating to the Account to any one or more of the directors or such other persons of whom CMSHK is satisfied as being members of the Customer’s governing body as the case may be irrespective of whether such persons are Authorised Persons and if they are, irrespective of their signing authority for the Account. 19.6 In respect of any Customer who requests CMSHK to accept and process duly signed instructions, confirmation, authority and other communications issued by the Customer or for and on its behalf relating to its Account(s) (“Important Messages”) even if the same are sent to CMSHK by facsimile transmission and/or e-mail (attaching pdf. files of the Important Messages duly signed) to the facsimile number and/or e-mail address designated by CMSHK from time to time and CMSHK has not yet received the signed original: 19.6.1 the Customer hereby acknowledges that that facsimile and e-mail (whether encrypted or not) transmissions are not secure means of transmitting Important Messages and the Customer is aware of the risk involved (e.g. for e-mail transmission, there is the risk of interception and there may be delay in transmission) and its request to CMSHK to accept and act upon Important Messages from it sent via facsimile and/or e-mail transmission without having received the signed original is purely for its convenience and efficiency purpose. The Customer is aware that with advanced photocopying and scanning technology nowadays, it is rather easy for Important Messages to be faked where the Important Messages have in fact not been signed by the signatory(ies) appear to have signed the same; and 19.6.2 the Customer hereby agrees that: (i) wherever possible Important Messages sent by facsimile and/or e-mail transmission to CMSHK will be in the form agreed to by CMSHK; (ii) Important Messages sent by facsimile and/or by e-mail to CMSHK will be transmitted to the facsimile number(s) and/or e-mail address(es) specified by CMSHK for such purpose from time to time and from the facsimile number(s) and/or e-mail address(es) it designate to CMSHK in writing for such purpose; (iii) when sending Important Messages to CMSHK by facsimile and/or e-mail transmission, the Customer will at its expense take the risk control measures requested or suggested by CMSHK from time to time; (iv) CMSHK (including its directors, officers, employees and duly appointed agents (CMSHK and each of the parties aforesaid are hereinafter called “Indemnitees” and each an “Indemnitee”)) is under no duty or obligation to and need not verify the authenticity, source, accuracy or authority to so transmit Important Messages to CMSHK; 19.6.3 the Customer further acknowledges that: (i) despite the risk control measures mentioned in Clause 19.5.2(iii), the risks associated with transmission of Important Messages via facsimile and/or e-mail transmission can in no way be completely eliminated; (ii) CMSHK may but is not obliged to verify the content of the Important Messages with its Authorized Person(s) with respect to its Account(s) verbally; 19.6.4 the Customer further agrees and undertakes that: (i) in the event that the Important Messages are inconsistent or conflict with the instructions obtained by CMSHK from such verification, CMSHK is entitled not to process or act on and CMSHK and the other Indemnitees shall not be held liable for not processing or acting on the Important Messages sent via facsimile or e-mail transmission and the instructions obtained from such verbal verification; (ii) the Customer will alert its Authorized Person(s) that for the purpose of the said verification, CMSHK will verify his/her/their identity by asking certain questions relating to his/her/their personal particulars and that CMSHK reserves the right to record the telephone conversation(s); (iii) the Customer shall promptly check any trading or instruction confirmation CMSHK sends it (if any) after processing or otherwise acting on the Important Messages given to CMSHK via facsimile and/or e-mail transmission for and on its behalf; (iv) CMSHK (including the Noticeother Indemnities) made shall be under no obligation to accept or process any Important Messages sent by facsimile and/or e- mail transmission; (v) CMSHK may at any time give notice to the Customer that it will refuse to accept and process further Important Messages sent by facsimile and/or e-mail transmission before CMSHK’s receipt of the signed originals; and (vi) to the extent permitted by applicable law, the Customer shall not hold CMSHK and the other Indemnities liable for any damage, loss, claim, proceedings, demand, cost and expenses whatsoever incurred or believed in good faith which may be incurred by the Bank Customer by reason of, arising from or in any way relating to the receipt or non-receipt, the acceptance or non-acceptance, communication or transmission, acting upon or omitting to act upon Important Messages sent by facsimile and/or e-mail transmission in the absence of fraud, gross negligence and wilful misconduct on the part of CMSHK and the other Indemnitees. 19.7 In respect of the Customer who requests CMSHK to accept Important Messages given for and on its behalf over the phone by the individual(s) who has/have input the correct login ID and password and who appear(s) from the answers to the identity verification questions raised thereto to be made byits Trading Representative(s) according to its then latest record (such individual is hereinafter called the Company “Caller”) even if the Important Message is not set out in writing or signed by its Authorized Person(s) for such Account(s): 19.7.1 the Secured Party Customer acknowledges that telephone is not secure means of communicating Important Messages to CMSHK and it is aware of the Bank under this Agreement shall be deemed delivered risk involved (e.g. the risk of interception) and its request to CMSHK to accept and act upon Important Messages from it communicated over the Bank if delivered by: phone without having received the Important Messages set out in writing and duly signed is purely for its convenience and efficiency purpose. It is aware that raising identity verification questions is not a completely reliable means of verifying the identity of the Caller, CMSHK does not have record of the voice sample of its Trading Representative(s) and other than the identity verification arrangements mentioned above no technology or mechanism for checking whether the Caller is its Trading Representative based on voice or other characteristics is employed by CMSHK; 19.7.2 the Customer agrees that: (i) U.S. Mail, on Important Messages communicated to CMSHK over the date phone will be given using the telephone number(s) specified by CMSHK for such purpose from time to time and it will keep and procure to be kept confidential the login ID and passwords for such purpose such that such communication shall have been delivered to the Bank’s Designated Officer; they are only known by its Trading Representative for whom they are designated; (ii) receipted delivery servicewhen communicating Important Messages to CMSHK by phone, on it will at its expense take the date and risk control measures requested or suggested by CMSHK from time that such communication shall have been delivered to the Bank’s Designated Officer and receipted by the delivery service; or time; (iii) telecopier facsimile transmissionall “Indemnitees” are under no duty or obligation to and need not verify the authenticity, source, accuracy or authority to so communicate Important Messages to CMSHK; 19.7.3 the Customer further acknowledges that: (i) despite the risk control measures mentioned in Clause 19.7.4, the risks associated with communicating Important Messages over the phone can in no way be completely eliminated; (ii) CMSHK may but is not obliged to verify the content of the Important Messages with its Authorized Persons(s) and/or Trading Representative(s) with respect to its Account(s) verbally; 19.7.4 the Customer further agrees that: (i) in the event that the Important Messages are inconsistent or conflict with the instructions obtained by CMSHK from such verification, CMSHK is entitled not to process or act on and CMSHK and the other Indemnitees shall not be held liable for not processing or acting on the date Important Messages communicated to CMSHK over the phone and at the time instructions obtained from such verbal verification; (ii) it will alert its Authorized Person(s) and Trading Representative(s) that such communication shall have been delivered to for the Bank’s Designated Officer and receipt of such delivery shall have been acknowledged by the recipient telecopier equipment. Notwithstanding the provisions purpose of the preceding sentencesaid verification, CMSHK will verify his/her/their identity by asking certain questions relating to his/her/their personal particulars and that CMSHK reserves the right to record the telephone conversation(s); (iii) it shall promptly check any communication hereunder trading or instruction confirmation CMSHK sends to it (if any) after processing or otherwise acting on the Bank that is an instruction Important Messages given to CMSHK over the phone for and on its behalf; (iv) CMSHK (including the Noticeother Indemnities) delivered shall be under no obligation to accept or process any Important Messages communicated to CMSHK over the phone without the Important Messages set out in writing and signed by its authorised signer(s) in accordance with its approved signing arrangements according to the Bank latest record of CMSHK; (v) CMSHK may at any time give notice to it that it will refuse to accept and made process further Important Messages communicated to CMSHK over the phone in the absence of such Important Messages set out in writing duly signed; and (vi) To the extent permitted by applicable law, the Customer shall release CMSHK and the other Indemnities from any liability for any damage, loss, claim, proceedings, demand, cost and expenses whatsoever incurred or which may be incurred by CMSHK and the other Indemnitees by reason of, arising from or in any way relating to the acting upon or omitting to act upon Important Messages communicated to CMSHK over the phone in the absence of fraud, gross negligence and willful misconduct on the part of CMSHK and the other Indemnitees. 19.8 Notwithstanding the Customer’s consent to CMSHK providing any Communications through electronic communication (instead of through other means like physical mail): 19.8.1 the Customer agrees that despite the foregoing consent, CMSHK may, if it deems fit, send any of the Communications to the Customer by post, whether in addition to or believed in substitution of sending the Communications by e-mail; 19.8.2 the Bank Customer acknowledges and accepts the risks of receiving the Communications via electronic communications, including but not limited to the following: (i) there may be delay or failure in good faith transmitting Communications by electronic communications; (ii) electronic communications are subject to the risk of hacking and virus; (iii) limitation in the size of inbox may preclude the receipt of Communications sent by electronic communications, particularly those with attachments of large size; (iv) there may be the risk of failure of the Communications sent via electronic communication to be made byreceived in the inbox of the Customer’s e-mail account (say where the Communication has entered the junk mail box) thus causing delay in the Company Customer’s access to the Communications; 19.8.3 the Customer further acknowledges and agrees that it is the Customer’s responsibility to control the access to the Communications sent to the Customer’s designated e-mail address (including control of the disclosure of any password required for accessing the Communications) and to adopt proper safeguard against unauthorised access to the Communications; 19.8.4 the Customer agrees and undertakes to hold CMSHK harmless from and against all losses, damages, interests, costs, expenses, actions, demands, claims and proceedings of whatsoever nature which the Customer may incur, suffer and/or sustain as a result of CMSHK’s despatch of the Communications via electronic communication; 19.8.5 the Customer undertakes to notify CMSHK of any change in the Customer’s e-mail address for receiving Communications; and 19.8.6 the Customer agrees that if CMSHK receives two successive messages in relation to failure of sending any Communications to the Customer’s designated e-mail address, CMSHK has the right to send the Communications to the Customer via physical mail instead. 19.9 The Customer agrees that it shall hold harmless and indemnify and keep indemnified CMSHK (for itself and as trustee of the other Indemnities) and the other Indemnitees from and against all actions, claims, demands, liabilities, obligations, losses, damages, costs (including, without limitation, interest, legal fees and expenses) and expenses of whatever nature (whether actual or contingent) suffered or incurred, sustained by or threatened against CMSHK or the Secured Party shall Indemnitees whatsoever and howsoever, arising from or in connection with or in any way relating to: 19.9.1 the receipt or non-receipt, communication or transmission, acting upon or omitting to act upon, of Important Messages transmitted facsimile and/or e-mail transmission; and 19.9.2 the acting upon or omitting to act upon, of Important Messages communicated to CMSHK over the phone whether or not the Caller is confirmed to be deemed received by the Bank when actually delivered to the Bank’s Designated Officer if delivered before 2:00 PM Eastern time on a banking day or, if such communication were delivered after 2:00 PM Eastern time on a banking day or delivered on a day that is not a banking day, then such communication shall be deemed delivered to the Bank’s Designated Officer at the Bank’s opening of its business on the next succeeding banking day. A “banking day” means any day other than any Saturday or Sunday or other day on which the Bank is authorized or required by law to closeTrading Representative.

Notice and Communications. (a) All communications given by any party to another as required or provided permitted under this Agreement must be in writing, directed to the respective designated officer (“"Designated Officer”") set forth under paragraph (c) of this Section 7, and delivered to each recipient party at its address (or at such other address and to such other Designated Officer as such party may designate in writing to the other parties in accordance with this Section 7) either by U.S. Mail, receipted delivery service or via telecopier facsimile transmission. All communications given by the Secured Party to the Bank must be addressed and delivered contemporaneously to both the Bank’s 's Designated Officer and the Bank’s “'s "with copy to” " addressee at their respective addresses set forth below. (b) Any communication (including the Notice) made by (or believed in good faith by the Bank to be made by) the Company or the Secured Party to the Bank under this Agreement shall be deemed delivered to the Bank if delivered by: (i) U.S. Mail, on the date that such communication shall have been delivered to the Bank’s 's Designated Officer; (ii) receipted delivery service, on the date and time that such communication shall have been delivered to the Bank’s 's Designated Officer and receipted by the delivery service; or (iii) telecopier facsimile transmission, on the date and at the time that such communication shall have been delivered to the Bank’s 's Designated Officer and receipt of such delivery shall have been acknowledged by the recipient telecopier equipment. Notwithstanding the provisions of the preceding sentence, any communication hereunder to the Bank that is an instruction (including the Notice) delivered to the Bank and made by (or believed by the Bank in good faith to be made by) the Company or the Secured Party shall be deemed received by the Bank when actually delivered to the Bank’s 's Designated Officer if delivered before 2:00 PM Eastern time on a banking day or, if such communication were delivered after 2:00 PM Eastern time on a banking day or delivered on a day that is not a banking day, then such communication shall be deemed delivered to the Bank’s 's Designated Officer at the Bank’s 's opening of its business on the next succeeding banking day. A “"banking day” " means any day other than any Saturday or Sunday or other day on which the Bank is authorized or required by law to close.

Notice and Communications. (a) All communications given by any party to another as required or provided under this Agreement must be in writing, directed to the respective designated officer (“Designated Officer”) set forth under paragraph (c) of this Section 7, and delivered to each recipient party at its address (or at such other address and to such other Designated Officer as such party may designate in writing to the other parties in accordance with this Section 7) either by U.S. Mail, receipted delivery service or via telecopier facsimile transmission. All communications given by the Secured Party Collateral Agent to the Bank must be addressed and delivered contemporaneously to both the Bank’s Designated Officer and the Bank’s “with copy to” addressee at their respective addresses set forth below. (b) Any communication (including the Notice) made by (or believed in good faith by the Bank to be made by) the Company or the Secured Party Collateral Agent to the Bank under this Agreement shall be deemed delivered to the Bank if delivered by: (i) U.S. Mail, on the date that such communication shall have been delivered to the Bank’s Designated Officer; (ii) receipted delivery service, on the date and time that such communication shall have been delivered to the Bank’s Designated Officer and receipted by the delivery service; or (iii) telecopier facsimile transmission, on the date and at the time that such communication shall have been delivered to the Bank’s Designated Officer and receipt of such delivery shall have been acknowledged by the recipient telecopier recipient’s facsimile equipment. Notwithstanding the provisions of the preceding sentence, any communication hereunder to the Bank that is an instruction (including the Notice) delivered to the Bank and made by (or believed by the Bank in good faith to be made by) the Company or the Secured Party Collateral Agent shall be deemed received by the Bank when actually delivered to the Bank’s Designated Officer if delivered before 2:00 PM Eastern time on a banking day or, if such communication were delivered after 2:00 PM Eastern time on a banking day or delivered on a day that is not a banking day, then such communication shall be deemed delivered to the Bank’s Designated Officer at the Bank’s opening of its business on the next succeeding banking day. A “banking day” means any day other than any Saturday or Sunday or other day on which the offices of the Bank is Designated Officer are authorized or required by law to close.

Notice and Communications. (a) All communications given by any party to another as required or provided under this Agreement must be in writing, directed to the respective designated officer (“Designated Officer”) set forth under paragraph (c) of this Section 7, and delivered to each recipient party at its address (or at such other address and to such other Designated Officer as such party may designate in writing to the other parties in accordance with this Section 7) either by U.S. Mail, receipted delivery service or via telecopier facsimile transmission. All communications given by the Secured Party to the Bank must be addressed and delivered contemporaneously to both the Bank’s Designated Officer and the Bank’s “with copy to” addressee at their respective addresses set forth below. (b) Any communication (including the Notice) made by (or believed in good faith by the Bank to be made by) the Company SPV, the Collection Agent, or the Secured Party to the Bank under this Agreement shall be deemed delivered to the Bank if delivered by: (i) U.S. Mail, on the date that such communication shall have been delivered to the Bank’s Designated Officer; (ii) receipted delivery service, on the date and time that such communication shall have been delivered to the Bank’s Designated Officer and receipted by the delivery service; or (iii) telecopier facsimile transmission, on the date and at the time that such communication shall have been delivered to the Bank’s Designated Officer and receipt of such delivery shall have been acknowledged by the recipient telecopier equipment. Notwithstanding the provisions of the preceding sentence, any communication hereunder to the Bank that is an instruction (including the Notice) delivered to the Bank and made by (or believed by the Bank in good faith to be made by) the Company SPV or the Secured Party shall be deemed received by the Bank when actually delivered to the Bank’s Designated Officer if delivered before 2:00 PM Eastern time on a banking day or, if such communication were delivered after 2:00 PM Eastern time on a banking day or delivered on a day that is not a banking day, then such communication shall be deemed delivered to the Bank’s Designated Officer at the Bank’s opening of its business on the next succeeding banking day. A “banking day” means any day other than any Saturday or Sunday or other day on which the Bank is authorized or required by law to close.the