Notice Generally. Any notice, demand, request, consent, ---------------- approval, declaration, delivery or other communication hereunder to be made pursuant to the provisions of this Agreement shall be sufficiently given or made if in writing and either delivered in person with receipt acknowledged or sent by or by facsimile transmission with confirmation received, addressed as follows: (i) If to any Holder, at its last known address appearing on the books of the Company maintained for such purpose, which initially shall be: Xxxxxx-XXXX Funding, L.L.C. c/x Xxxxxx Equity Investors IV, L.P. 0000 Xxxxxxxxxxxx Xxxxxx, X.X., Xxxxx 000 Xxxxxxxxxx, XX 00000 Attention: Xxxxxxx X. Xxxxxxxx Facsimile: (000) 000-0000 and: Xxxxxx-XXXX Funding, L.L.C. c/o RCBA Strategic Partners, L.P. 000 Xxxxxxxxxx Xxxxxx, Suite 400 San Francisco, CA 94133 Attention: Xxxxxx X. Xxxxxx Facsimile: (000) 000-0000 with a copy to: Xxxxxx & Xxxxxxx 0000 Xxxxxxxxxxxx Xxxxxx, X.X., Xxxxx 0000 Xxxxxxxxxx, X.X. 00000-0000 Attention: Xxxx X. Xxxxx, Esq. Facsimile: (000) 000-0000 (ii) If to the Company, at EFTC Corporation 0000 Xxxxx Xxxxxx Xxxxx Xxxxx Xxxxxx, XX 00000 Attention: Chief Financial Officer Facsimile: (000) 000-0000 with a copy to: Holme Xxxxxxx & Xxxx LLP 1700 Lincoln, Suite 1400 Xxxxxx, XX 00000 Attention: Xxxxxxx X. Xxxxxxx, Esq. Facsimile: (000) 000-0000 or at such other address as may be substituted by notice given as herein provided. The giving of any notice required hereunder may be waived in writing by the party entitled to receive such notice. Every notice, demand, request, consent, approval, declaration, delivery or other communication hereunder shall be deemed to have been duly given or served on the date on which personally delivered, with receipt acknowledged, transmitted by facsimile with confirmation of receipt or one Business Day after the same shall have been sent by overnight delivery service.
Appears in 2 contracts
Samples: Registration Rights Agreement (Eftc Corp/), Registration Rights Agreement (Thayer Blum Funding LLC)
Notice Generally. Any notice, demand, request, consent, ---------------- approval, declaration, delivery and all notices or other communication hereunder communications or deliveries required or permitted to be made pursuant to the provisions of this Agreement provided hereunder shall be sufficiently given or made if in writing and either shall be deemed given and effective on the earliest of (a) the date of transmission, if such notice or communication is delivered in person via facsimile at the facsimile number specified on the signature pages attached hereto prior to 5:00 p.m. (New York City time) on a Trading Day, (b) the next Trading Day after the date of transmission, if such notice or communication is delivered via facsimile at the facsimile number included with receipt acknowledged the address for the recipient as provided herein on a day that is not a Trading Day or later than 5:00 p.m. (New York City time) on any Trading Day, (c) the Trading Day following the date of mailing, if sent by U.S. nationally recognized overnight courier service, or (d) upon actual receipt by facsimile transmission with confirmation received, addressed the party to whom such notice is required to be given. The address for such notices and communications shall be as follows:
(i) : If to any Holderthe Purchasers, at its last known each Purchaser's address appearing on set forth in the books and records of the Company maintained for such purposeCompany, which initially shall be: Xxxxxx-XXXX Funding, L.L.C. c/x Xxxxxx Equity Investors IV, L.P. 0000 Xxxxxxxxxxxx Xxxxxx, X.X., Xxxxx 000 Xxxxxxxxxx, XX 00000 Attention: Xxxxxxx X. Xxxxxxxx Facsimile: (000) 000-0000 and: Xxxxxx-XXXX Funding, L.L.C. c/o RCBA Strategic Partners, L.P. 000 Xxxxxxxxxx Xxxxxx, Suite 400 San Francisco, CA 94133 Attention: Xxxxxx X. Xxxxxx Facsimile: (000) 000-0000 or with a copy to: Xxxxxx & Xxxxxxx 0000 Xxxxxxxxxxxx Xxxxxx, X.X., Xxxxx 0000 Xxxxxxxxxx, X.X. 00000-0000 Attention: Xxxx X. Xxxxx, Esq. Facsimile: (000) 000-0000
(ii) If respect to the Company, at EFTC Corporation 0000 Xxxxx Xxxxxx Xxxxx addressed to: Spectrum Pharmaceuticals, Inc. 000 Xxxxxxxxxx Xxxxx Xxxxxx, XX Xxxxxxxxxx 00000 Attention: Chief Financial Officer Facsimile: (000) 000-0000 with a copy to: Holme Xxxxxxx & Xxxx LLP 1700 Lincoln, Suite 1400 Xxxxxx, XX 00000 Attention: Xxxxxxx X. Xxxxxxx, Esq. FacsimileCEO Facsimile No.: (000) 000-0000 or at to such other address or addresses or facsimile number or numbers as any such party may be substituted by notice given as herein provided. The giving of any notice required hereunder may be waived most recently have designated in writing to the other parties hereto by the party entitled to receive such notice. Every notice, demand, request, consent, approval, declaration, delivery or other communication hereunder Copies of notices to the Company shall be deemed to have been duly given or served on the date on which personally deliveredsent to: Xxxxxx & Xxxxxxx LLP 000 Xxxx Xxxxxx Xxxxx, with receipt acknowledgedXxxxx 0000 Xxxxx Xxxx, transmitted by facsimile with confirmation of receipt or one Business Day after the same shall have been sent by overnight delivery serviceXxxxxxxxxx 00000 Attention: Xxxx X. Xxxxxx Facsimile No.: (000) 000-0000
Appears in 2 contracts
Samples: Warrant Agreement (Spectrum Pharmaceuticals Inc), Warrant Agreement (Spectrum Pharmaceuticals Inc)
Notice Generally. Any notice, demand, request, consent, ---------------- approval, declaration, delivery or other communication hereunder to be made pursuant to the provisions of this Agreement shall be deemed sufficiently given or made if in writing and signed by the party making the same, and either delivered in person with receipt acknowledged or sent by registered or certified mail, return receipt requested, postage prepaid, or by facsimile transmission with confirmation receivedtelecopy and confirmed by telecopy answerback, addressed as follows:
(i) If : if to any Holder, at its last known address appearing on the books of the Company maintained for such purpose, which initially shall be: Xxxxxx-XXXX Funding, L.L.C. c/x Xxxxxx Equity Investors IV, L.P. 0000 Xxxxxxxxxxxx Icahn Associates Corp. 000 Xxxxx Xxxxxx, X.X.00xx Xxxxx Xxx Xxxx, Xxxxx 000 Xxxxxxxxxx, XX Xxx Xxxx 00000 Attention: Xxxxxxx X. Xxxxxxxx FacsimileXxxxx Xxxxx Email: XXxxxx@xxxxx.xxx With a copy to (000) 000-0000 and: Xxxxxx-XXXX Funding, L.L.C. c/o RCBA Strategic Partners, L.P. which shall not constitute notice): Icahn Associates Corp. 000 Xxxxxxxxxx Xxxxx Xxxxxx, Suite 400 San Francisco00xx Xxxxx Xxx Xxxx, CA 94133 Xxx Xxxx 00000 Attention: Xxxxxx X. Xxxxxx Facsimile: (000) 000-0000 with a copy to: Xxxxxx & Xxxxxxx 0000 Xxxxxxxxxxxx Xxxxxx, X.X., Xxxxx 0000 Xxxxxxxxxx, X.X. 00000-0000 Attention: Xxxx X. Xxxxx, Esq. Facsimile: (000) 000-0000
(ii) If to the Company, at EFTC Corporation 0000 Xxxxx Xxxxxx Xxxxx Xxxxx XxxxxxEmail: XXxxxxxx@xxxxx.xxx XXxxxxx@xxxxx.xxx and if to Hertz, XX 00000 Attentionat: Chief Financial Officer Facsimile: (000) 000-Hertz Global Holdings, Inc. 0000 with a copy to: Holme Xxxxxxx & Xxxxxxxx Xxxx LLP 1700 LincolnEstero, Suite 1400 Xxxxxx, XX 00000 Florida 33928 Attention: Xxxxxxx X. Xxxxxxx, Esq. Senior Vice President and Acting General Counsel Email: XXxxxxxx@xxxxx.xxx With a copy to (which shall not constitute notice): Wachtell, Lipton, Xxxxx & Xxxx 00 Xxxx 00xx Xxxxxx Xxx Xxxx, XX 00000 Facsimile: (000) 000212-0000 403-2000 Email: xxxxxx@xxxx.xxx Attention: Xxxxx X Xxxx or at such other address as may be substituted by notice given as herein provided. The giving of any notice required hereunder may be waived in writing by the party entitled to receive such notice. Every notice, demand, request, consent, approval, declaration, delivery or other communication hereunder shall be deemed to have been duly given or served and received on the date on which personally delivered, with receipt acknowledged, transmitted telecopied and confirmed by facsimile with confirmation of receipt telecopy answerback or one three (3) Business Day Days after the same shall have been sent deposited in the United States mail (by overnight delivery serviceregistered or certified mail, return receipt requested, postage prepaid), whichever is earlier. Each Holder as of the date hereof acknowledges and agrees that, as of the date hereof, it holds the number of Registrable Securities set forth next to its name on Schedule II attached hereto. Any member of the Icahn Group that desires to become an Additional Holder in accordance with the terms of this Agreement shall provide written notice to Hertz setting forth its address and the number of Registrable Securities held by such Person and agreeing to be bound by the terms hereof, and upon receipt of such notice Hertz shall amend Schedule II attached hereto to reflect such Additional Holder, its address and the number of Registrable Securities held thereby without any further action or consent required from the parties to this Agreement. From time to time and promptly following a written request by Hertz, each such Holder and Additional Holder shall provide written notice to Hertz of any increase or decrease in the number of Registrable Securities held by such Person, and upon receipt of any such notice, Hertz shall amend Schedule II attached hereto to reflect such increase or decrease in the number of Registrable Securities held by such Person without any further action or consent required from the parties to this Agreement; provided that if any such Holder or Additional Holder discloses such increase or decrease in the number of Registrable Securities held by such person in any filing made pursuant to Section 13 or 16 of the Exchange Act, such Holder or Additional Holder, as the case may be, shall be deemed to have provided notice to Hertz as provided in this sentence. Solely for purposes of this Agreement, in determining the number of Registrable Securities outstanding at any time and the Holders thereof, Hertz shall be entitled to rely conclusively on Schedule II attached hereto (as so amended in accordance with the terms of this Agreement to reflect all such written notices received by Hertz from time to time).
Appears in 2 contracts
Samples: Registration Rights Agreement (Icahn Carl C), Registration Rights Agreement (Hertz Global Holdings, Inc)
Notice Generally. Any noticeExcept as may be otherwise provided herein, demand, request, consent, ---------------- approval, declaration, delivery any and all notices or other communication hereunder communications or deliveries required or permitted to be made pursuant to the provisions of this Agreement provided hereunder shall be sufficiently given or made if in writing and either shall be deemed given and effective on the earliest of (a) the date of transmission, if such notice or communication is delivered via facsimile (provided the sender receives a machine-generated confirmation of successful transmission) at the facsimile number specified in person with receipt acknowledged this Section 14.2 prior to 6:30 p.m. (New York City time) on a Trading Day, (b) the next Trading Day after the date of transmission, if such notice or communication is delivered via facsimile at the facsimile number specified in this Section on a day that is not a Trading Day or later than 6:30 p.m. (New York City time) on any Trading Day, (c) the Trading Day following the date of mailing, if sent by U.S. nationally recognized overnight courier service, or (d) upon actual receipt by facsimile transmission with confirmation received, addressed the party to whom such notice is required to be given. The address for such notices and communications shall be as follows:
(i) : If to any Holder, at its last known address appearing on the books of the Company maintained for such purpose, which initially shall beCompany: ThermoEnergy Corporation Attn.: Chairman 100 Xxxx Xxxxxxx Xxxxxx-XXXX Funding, L.L.C. c/x Xxxxxx Equity Investors IV, L.P. 0000 Xxxxxxxxxxxx Xxxxxx, X.X., Xxxxx 000 XxxxxxxxxxXxxxxx Xxxx, XX 00000 AttentionTelephone: Xxxxxxx X. Xxxxxxxx (000) 000-0000 Facsimile: (000) 000-0000 andWith a copy to: Xxxxxx-XXXX FundingNxxxx Pxxxxxx, L.L.C. c/o RCBA Strategic PartnersLLP Attn.: Wxxxxxx X. Xxxxx, L.P. 000 Xxxxxxxxxx Esq. 100 Xxxxxx Xxxxxx Xxxxxx, Suite 400 San Francisco, CA 94133 AttentionXX 00000-0000 Telephone: Xxxxxx X. Xxxxxx (000) 000-0000 Facsimile: (000) 000-0000 with a copy to: Xxxxxx & Xxxxxxx 0000 Xxxxxxxxxxxx Xxxxxx, X.X., Xxxxx 0000 Xxxxxxxxxx, X.X. 00000-0000 Attention: Xxxx X. Xxxxx, Esq. Facsimile: (000) 000-0000
(ii) If to the Company, at EFTC Corporation 0000 Xxxxx Xxxxxx Xxxxx Xxxxx Xxxxxx, XX 00000 AttentionHolder: Chief Financial Officer Facsimile: (000) 000-0000 with a copy to: Holme Xxxxxxx & Xxxx LLP 1700 Lincoln, Suite 1400 Xxxxxx, XX 00000 Attention: Xxxxxxx X. Xxxxxxx, Esq. Facsimile: (000) 000-0000 To the address set forth under the Holder’s name on the Holder’s Counterpart Signature Page to the Securities Purchase Agreement; or at such other address as may be substituted by notice given as herein provided. The giving of any notice required hereunder may be waived designated in writing by the party entitled to receive such notice. Every noticehereafter, demand, request, consent, approval, declaration, delivery or other communication hereunder shall be deemed to have been duly given or served on the date on which personally delivered, with receipt acknowledged, transmitted by facsimile with confirmation of receipt or one Business Day after in the same shall have been sent manner, by overnight delivery servicesuch addressee.
Appears in 2 contracts
Samples: Common Stock Purchase Warrant (Thermoenergy Corp), Common Stock Purchase Warrant (Thermoenergy Corp)
Notice Generally. Any notice, demand, request, consent, ---------------- approval, declaration, delivery or other communication hereunder to be made pursuant to the provisions of this Warrant Agreement shall be sufficiently given or made if in writing and either delivered in person with receipt acknowledged or sent by registered or certified mail, return receipt requested, postage prepaid or by facsimile transmission with confirmation receivedfacsimile, addressed as follows:
(i) : If to any HolderHolder or holder of Warrant Stock, at its last known address appearing on the books warrant register of the Company maintained for such purpose. If to Company at: Thermadyne Holdings Corporation 00000 Xxxxxxxx Xxxxx Rd., which initially shall beSuite 300 Chesterfield, Missouri 63017 Attn: Xxxxxx-XXXX Funding, L.L.C. c/x Xxxxxx Equity Investors IV, L.P. 0000 Xxxxxxxxxxxx Xxxxxx, X.X., Mr. Xxxxx 000 Xxxxxxxxxx, XX 00000 Attention: Xxxxxxx X. Xxxxxxxx FacsimileXxxx Telephone: (000) 000-0000 and: Xxxxxx-XXXX Funding, L.L.C. c/o RCBA Strategic Partners, L.P. 000 Xxxxxxxxxx Xxxxxx, Suite 400 San Francisco, CA 94133 Attention: Xxxxxx X. Xxxxxx Facsimile: (000) 000-0000 with a copy to: Xxxxxx & Xxxxxxx 0000 Xxxxxxxxxxxx XxxxxxThermadyne Holdings Corporation 00000 Xxxxxxxx Xxxxx Rd., X.X.Suite 300 Chesterfield, Missouri 63017 Attn: Ms. Xxxxx 0000 Xxxxxxxxxx, X.X. 00000-0000 Attention: Xxxx X. Xxxxx, Esq. FacsimileXxxxxxxx Telephone: (000) 000-0000
(ii) If to the Company, at EFTC Corporation 0000 Xxxxx Xxxxxx Xxxxx Xxxxx Xxxxxx, XX 00000 Attention: Chief Financial Officer Facsimile: (000) 000-0000 with a copy toIf to Warrant Agent at: Holme Xxxxxxx & Xxxx LLP 1700 LincolnEquiServe Trust Company, Suite 1400 XxxxxxN.A. 000 Xxxxxx Xxxxxx Canton, XX 00000 Massachusetts 02021 Attention: Xxxxxxx X. Xxxxxxx, Esq. FacsimileXxxxxxxx Telephone: (000) 000-0000 Fax: (000) 000-0000 or at such other address as may be substituted by notice given as herein provided. The giving of any notice required hereunder may be waived in writing by the party entitled to receive such notice. Every notice, demand, request, consent, approval, declaration, delivery or other communication hereunder shall be deemed to have been duly given or served on the date on which personally delivered, with the first Business Day after delivery by facsimile, receipt acknowledged, transmitted by facsimile with confirmation of receipt or one the third Business Day after deposit in the same shall have been sent by overnight delivery serviceUnited States mail, whichever is earlier.
Appears in 2 contracts
Samples: Warrant Agreement (Thermadyne Holdings Corp /De), Warrant Agreement (Thermadyne Holdings Corp /De)
Notice Generally. Any notice, demand, request, consent, ---------------- approval, declaration, delivery or other communication hereunder to be made pursuant to the provisions of this Agreement shall be deemed sufficiently given or made if in writing and signed by the party making the same, and either delivered in person with receipt acknowledged or sent by registered or certified mail, return receipt requested, postage prepaid, or by facsimile transmission with confirmation receivedtelecopy and confirmed by telecopy answerback, addressed as follows:
(i) If : if to any Holder, at its last known address appearing on the books of the Company maintained for such purpose, which initially shall be: Xxxxxx-XXXX Funding, L.L.C. c/x Xxxxxx Equity Investors IV, L.P. 0000 Xxxxxxxxxxxx Icahn Associates Corp. 000 Xxxxx Xxxxxx, X.X.00xx Xxxxx Xxx Xxxx, Xxx Xxxx 00000 Attention: Xxxxx Xxxxx Email: XXxxxx@xxxxx.xxx With a copy to (which shall not constitute notice): Icahn Associates Corp. 000 XxxxxxxxxxXxxxx Xxxxxx, XX 00xx Xxxxx Xxx Xxxx, Xxx Xxxx 00000 Attention: Xxxxxx Xxxxxxx Xxxxx Xxxxxx Email: XXxxxxxx@xxxxx.xxx XXxxxxx@xxxxx.xxx and if to HERC, at: HERC HOLDINGS INC. 00000 Xxxxxxxxx Xxxxxx Xxxx., Xxxxxx Xxxxxxx, Xxxxxxx 00000 Attention: Xxxxxxx X. Xxxxxxxx FacsimileXxxxxxx, Senior Vice President and Chief Legal Officer Email: (000) 000-0000 and: Xxxxxx-XXXX Funding, L.L.C. c/o RCBA Strategic Partners, L.P. 000 Xxxxxxxxxx Xxxxxx, Suite 400 San Francisco, CA 94133 Attention: Xxxxxx X. Xxxxxx Facsimile: (000) 000-0000 with xxxxxxxx@xxxxx.xxx With a copy to: Xxxxxx & Xxxxxxx 0000 Xxxxxxxxxxxx Xxxxxxto (which shall not constitute notice): Wachtell, X.X.Lipton, Xxxxx 0000 Xxxxxxxxxx, X.X. 00000-0000 Attention: & Xxxx X. Xxxxx, Esq. Facsimile: (000) 000-0000
(ii) If to the Company, at EFTC Corporation 0000 Xxxxx 00 Xxxx 00xx Xxxxxx Xxxxx Xxxxx XxxxxxXxx Xxxx, XX 00000 Facsimile: 212-403-2000 Email: xxxxxx@xxxx.xxx Attention: Chief Financial Officer Facsimile: (000) 000-0000 with a copy to: Holme Xxxxxxx & Xxxxx X Xxxx LLP 1700 Lincoln, Suite 1400 Xxxxxx, XX 00000 Attention: Xxxxxxx X. Xxxxxxx, Esq. Facsimile: (000) 000-0000 or at such other address as may be substituted by notice given as herein provided. The giving of any notice required hereunder may be waived in writing by the party entitled to receive such notice. Every notice, demand, request, consent, approval, declaration, delivery or other communication hereunder shall be deemed to have been duly given or served and received on the date on which personally delivered, with receipt acknowledged, transmitted telecopied and confirmed by facsimile with confirmation of receipt telecopy answerback or one three (3) Business Day Days after the same shall have been sent deposited in the United States mail (by overnight delivery serviceregistered or certified mail, return receipt requested, postage prepaid), whichever is earlier. Each Holder as of the date hereof acknowledges and agrees that, as of the date hereof, it holds the number of Registrable Securities set forth next to its name on Schedule II attached hereto. Any member of the Icahn Group that desires to become an Additional Holder in accordance with the terms of this Agreement shall provide written notice to HERC setting forth its address and the number of Registrable Securities held by such Person and agreeing to be bound by the terms hereof, and upon receipt of such notice HERC shall amend Schedule II attached hereto to reflect such Additional Holder, its address and the number of Registrable Securities held thereby without any further action or consent required from the parties to this Agreement. From time to time and promptly following a written request by HERC, each such Holder and Additional Holder shall provide written notice to HERC of any increase or decrease in the number of Registrable Securities held by such Person, and upon receipt of any such notice, HERC shall amend Schedule II attached hereto to reflect such increase or decrease in the number of Registrable Securities held by such Person without any further action or consent required from the parties to this Agreement; provided that if any such Holder or Additional Holder discloses such increase or decrease in the number of Registrable Securities held by such person in any filing made pursuant to Section 13 or 16 of the Exchange Act, such Holder or Additional Holder, as the case may be, shall be deemed to have provided notice to HERC as provided in this sentence. Solely for purposes of this Agreement, in determining the number of Registrable Securities outstanding at any time and the Holders thereof, HERC shall be entitled to rely conclusively on Schedule II attached hereto (as so amended in accordance with the terms of this Agreement to reflect all such written notices received by HERC from time to time).
Appears in 2 contracts
Samples: Registration Rights Agreement (Herc Holdings Inc), Registration Rights Agreement (Icahn Carl C)
Notice Generally. Any noticeAll notices, demanddemands, request, consent, ---------------- approval, declaration, delivery communications and deliveries required or other communication hereunder to be made pursuant to the provisions of permitted by this Agreement shall be sufficiently made in writing signed by the party making the same, shall specify the Section of this Agreement pursuant to which it is given or being made and shall be deemed given or made (i) on the date delivered if delivered by telecopy or in writing person, (ii) on the third (3 rd ) Business Day after it is mailed if mailed by registered or certified mail (return receipt requested) (with postage and either delivered in person with receipt acknowledged other fees prepaid) or sent by or by facsimile transmission with confirmation received(iii) on the day after it is delivered, addressed prepaid, to an overnight express delivery service that confirms to the sender delivery on such day, as follows:
(i) If to any Holder, at its last known address appearing on the books of the Company maintained for such purpose, which initially shall beat: Xxxxxx-XXXX Funding, L.L.C. c/x Xxxxxx Equity Investors IV, L.P. Resource Capital Funds 0000 Xxxxxxxxxxxx Xxxxxxxxx Xxxxxx, X.X.Xxxxx 000 Xxxxxx, Xxxxxxxx 00000 Attention: General Counsel Facsimile No.: 000-000-0000
(ii) If to Company, at: Uranium Resources, Inc. 000 Xxxxx Xxxxxxx, 000 Xxxxxx Xxxxxxxx X, Xxxxx 000 Xxxxxxxxxx, XX 00000 Attention: Xxxxxxx X. Xxxxxxxx FacsimilePresident Facsimile No.: (000) -000-0000 andWith a copy to: Xxxxxx-XXXX Funding, L.L.C. c/o RCBA Strategic Partners, L.P. Xxxxx & Xxxxxxxxx LLP 000 Xxxxxxxxxx X. 00xx Xxxxxx, Suite 400 San FranciscoXxxxx 0000 Xxxxxx, CA 94133 Xxxxxxxx 00000 Attention: Xxxxxx X. Xxxxxx FacsimileXxxxxxxxx Facsimile No.: (000) 000-0000 with a copy to: Xxxxxx & Xxxxxxx 0000 Xxxxxxxxxxxx Xxxxxx, X.X., Xxxxx 0000 Xxxxxxxxxx, X.X. 00000-0000 Attention: Xxxx X. Xxxxx, Esq. Facsimile: (000) 000-0000
(ii) If to the Company, at EFTC Corporation 0000 Xxxxx Xxxxxx Xxxxx Xxxxx Xxxxxx, XX 00000 Attention: Chief Financial Officer Facsimile: (000) 000-0000 with a copy to: Holme Xxxxxxx & Xxxx LLP 1700 Lincoln, Suite 1400 Xxxxxx, XX 00000 Attention: Xxxxxxx X. Xxxxxxx, Esq. Facsimile: (000) 000-0000 or at such other address as may be substituted by notice given as herein provided. The giving of any notice required hereunder may be waived in writing by the party entitled to receive such notice. Every notice, demand, request, consent, approval, declaration, delivery or other communication hereunder shall be deemed to have been duly given or served on the date on which personally delivered, with receipt acknowledged, transmitted telecopied and confirmed by facsimile with confirmation of receipt telecopy answerback or one three Business Day Days after the same shall have been sent by overnight delivery servicedeposited in the United States mail.
Appears in 2 contracts
Samples: Registration Rights Agreement (Resource Capital Fund v L.P.), Registration Rights Agreement (Uranium Resources Inc /De/)
Notice Generally. Any notice, demand, request, consent, ---------------- approval, declaration, delivery or other communication hereunder to be made pursuant to the provisions of this Agreement Warrant shall be sufficiently given or made if in writing and either delivered in person with receipt acknowledged or sent by registered or certified mail, return receipt requested, postage prepaid, or by facsimile transmission with confirmation receivedtelecopy and confirmed by telecopy answerback, addressed as follows:
(ia) If to any Holderholder hereof or holder of Issued Warrant Shares, at its last known address appearing on the books of the Company maintained for such purpose, which initially shall be: Xxxxxx-XXXX Funding, L.L.C. c/x Xxxxxx Equity Investors IV, L.P. 0000 Xxxxxxxxxxxx Xxxxxx, X.X., Xxxxx 000 Xxxxxxxxxx, XX 00000 Attention: Xxxxxxx X. Xxxxxxxx Facsimile: (000) 000-0000 and: Xxxxxx-XXXX Funding, L.L.C. c/o RCBA Strategic Partners, L.P. 000 Xxxxxxxxxx Xxxxxx, Suite 400 San Francisco, CA 94133 Attention: Xxxxxx X. Xxxxxx Facsimile: (000) 000-0000 with a copy to: Xxxxxx & Xxxxxxx 0000 Xxxxxxxxxxxx Xxxxxx, X.X., Xxxxx 0000 Xxxxxxxxxx, X.X. 00000-0000 Attention: Xxxx X. Xxxxx, Esq. Facsimile: (000) 000-0000.
(iib) If to the Company, at EFTC Corporation 0000 at: Selfix, Inc. 4501 Xxxx 00xx Xxxxxx Xxxxxxx, Xxxxxxxx 00000 Attention: Chief Executive Officer with a copy to: 97 Much, Shelist, Freed, Denenberg, Ament, Bell & Xubexxxxxx XX 200 Xxxxx XxXxxxx Xxxxxx Xxxxx Xxxxx Xxxxxx0000 Xxxxxxx, XX 00000 Attention: Chief Financial Officer Facsimile: (000) 000-0000 with a copy to: Holme Xxxxxxx & Xxxx LLP 1700 Lincoln, Suite 1400 Xxxxxx, XX 00000 Attention: Xxxxxxx X. Xxxxxxx, Esq. Facsimile: (000) 000-0000 or Jeffxxx Xxxxxxxxxx xx at such other address as may be substituted by notice given as herein provided. The giving of any notice required hereunder may be waived in writing by the party entitled to receive such notice. Every notice, demand, request, consent, approval, declaration, delivery or other communication hereunder shall be deemed to have been duly given or served on the date on which personally delivered, with receipt acknowledged, transmitted telecopied and confirmed by facsimile with confirmation of receipt telecopy answerback, or one Business Day five (5) business days after the same shall have been sent by deposited in the United States mail, certified, or one (1) business day after the same has been deposited with a reputable overnight courier with instructions to deliver the same on the next Business Day. Failure or delay in delivering copies of any notice, demand, request, approval, declaration, delivery serviceor other communication to the person designated above to receive a copy shall in no way adversely affect the effectiveness of such notice, demand, request, approval, declaration, delivery or other communication.
Appears in 1 contract
Samples: Note Purchase Agreement (Home Products International Inc)
Notice Generally. Any notice, demand, request, consent, ---------------- approval, declaration, delivery or other communication hereunder to be made pursuant to the provisions of this Agreement Warrant shall be sufficiently given or made if in writing and either delivered (i) in person with receipt acknowledged or sent by or acknowledged, (ii) by facsimile transmission transmission, with confirmation receivedreceipt electronically confirmed during normal business hours of recipient, and that is confirmed by sending, no later than one (1) Business Day following such transmission, a copy of such facsimile, by registered or certified mail, return receipt requested, postage prepaid, or (iii) by registered or certified mail, return receipt requested, postage prepaid, addressed as follows:
(ia) If to any HolderHolder or holder of Warrant Stock, at its last known address or facsimile transmission number appearing on the books of the Company maintained for such purpose.
(b) If to the Company at Medical Imaging Centers of America, which initially shall be: Inc. 9444 Xxxxxxx Xxxxxx-XXXX Funding, L.L.C. c/x Xxxxxx Equity Investors IV, L.P. 0000 Xxxxxxxxxxxx Xxxxxx, X.X., Xxxxx 000 XxxxxxxxxxXxx Xxxxx, XX Xxxxxxxxxx 00000 Attention: Xxxxxxx X. Xxxxxxxx Facsimile: (000619) 000-0000 and: Xxxxxx-XXXX Funding, L.L.C. c/o RCBA Strategic Partners, L.P. 000 Xxxxxxxxxx Xxxxxx, Suite 400 San Francisco, CA 94133 Attention: Xxxxxx X. Xxxxxx Facsimile: (000) 000-0000 with a copy to: Xxxxxx & Xxxxxxx 0000 Xxxxxxxxxxxx Xxxxxx, X.X., Xxxxx 0000 Xxxxxxxxxx, X.X. 00000-0000 Attention: Xxxx X. Xxxxx, Esq. Facsimile: (000) 000-0000
(ii) If to the Company, at EFTC Corporation 0000 Xxxxx Xxxxxx Xxxxx Xxxxx Xxxxxx, XX 00000 Attention: Chief Financial Officer Facsimile: (000) 000-0000 with a copy to: Holme Xxxxxxx & Xxxx LLP 1700 Lincoln, Suite 1400 Xxxxxx, XX 00000 Attention: Xxxxxxx X. Xxxxxxx, Esq. Facsimile: (000) 000-0000 or xx at such other address as may be substituted by notice given as herein provided. The giving of any notice required hereunder may be waived in writing by the party entitled to receive such notice. Every notice, demand, request, consent, approval, approval declaration, delivery or other communication hereunder shall be deemed to have been duly given or served on the date on which personally delivered, with receipt acknowledged, transmitted acknowledged or sent by facsimile with confirmation receipt electronically confirmed during normal business hours of receipt recipient, or one three Business Day Days after the same shall have been sent by overnight deposited in the United States mail. Failure or delay in delivering copies of any notice, demand, request, approval, declaration, delivery serviceor other communication to the person designated above to receive a copy shall in no way adversely affect the effectiveness of such notice, demand, request, approval, declaration, delivery or other communication.
Appears in 1 contract
Samples: Agreement and Amendment (Medical Imaging Centers of America Inc)
Notice Generally. Any notice, demand, request, consent, ---------------- approval, declaration, delivery or other communication hereunder to be made pursuant to the provisions of this Agreement Warrant shall be sufficiently given or made if in writing and either delivered in person with receipt acknowledged or sent by registered or certified mail, return receipt requested, postage prepaid, or by facsimile transmission with confirmation receivedelectronic delivery and confirmed by electronic answerback, addressed as follows:
(ia) If to any Holder, at its last known address appearing on the books of the Company maintained for such purposeat: Xxxxxx Xxxxxxx Living Omnimedia, which initially shall be: Xxxxxx-XXXX Funding, L.L.C. c/x Inc. 00 Xxxx 00xx Xxxxxx Equity Investors IV, L.P. 0000 Xxxxxxxxxxxx Xxxxxx, X.X., Xxxxx 000 XxxxxxxxxxXxx Xxxx, XX 00000 Attention: Xxxxxxx X. Xxxxxxxx Facsimile: (000) 000-0000 and: Xxxxxx-XXXX Funding, L.L.C. c/o RCBA Strategic Partners, L.P. 000 Xxxxxxxxxx Xxxxxx, Suite 400 San Francisco, CA 94133 Attention: Xxxxxx X. Xxxxxx Facsimile: (000) 000-0000 with a copy to: Xxxxxx & Xxxxxxx 0000 Xxxxxxxxxxxx Xxxxxx, X.X., Xxxxx 0000 Xxxxxxxxxx, X.X. 00000-0000 Attention: Xxxx X. Xxxxx, Esq. FacsimileGeneral Counsel Telecopy Number: (000) 000-0000
(iib) If to the Company, at EFTC Corporation TurboChef Technologies, Inc.. Suite 0000 Xxxxx Xxxxxx Xxxxx Xxxxx XxxxxxXxx Xxxxxxxxx Xxxxxxx Xxxxxxx, XX 00000 Attention: Chief Financial Officer Facsimile: (000) 000-0000 with a copy to: Holme Xxxxxxx & Xxxx LLP 1700 Lincoln, Suite 1400 Xxxxxx, XX 00000 Attention: Xxxxxxx X. Xxxxxxx, Esq. FacsimileGeneral Counsel Telecopy Number: (000) 000-0000 or at such other address as may be substituted by notice given as herein provided. The giving of any notice required hereunder may be waived in writing by the party entitled to receive such notice. Every notice, demand, request, consent, approval, declaration, delivery or other communication hereunder shall be deemed to have been duly given or served on the date on which personally delivered, with receipt acknowledged, transmitted electronically delivered and confirmed by facsimile with confirmation of receipt electronic answerback, or one three (3) Business Day Days after the same shall have been sent by overnight deposited in the United States mail. Failure or delay in delivering copies of any notice, demand, request, approval, declaration, delivery serviceor other communication to the person designated above to receive a copy shall in no way adversely affect the effectiveness of such notice, demand, request, approval, declaration, delivery or other communication.
Appears in 1 contract
Notice Generally. All notices, demands, requests, consents, approvals, and other communications required or permitted hereunder shall be in writing and, unless otherwise specified herein, shall be (i) personally served, (ii) deposited in the mail, registered or certified, return receipt requested, postage prepaid, (iii) delivered by reputable overnight courier service with charges prepaid, or (iv) transmitted by hand delivery, electronic mail, or facsimile, addressed as set forth below or to such other address as such party shall have specified most recently by written notice. Any notice, demand, request, consent, ---------------- approval, declaration, delivery notice or other communication hereunder required or permitted to be made pursuant to the provisions of this Agreement given hereunder shall be sufficiently given deemed effective (a) upon hand delivery or made delivery by electronic mail or facsimile, with accurate confirmation generated by the transmitting facsimile machine, at the address or number designated below (if in writing and either delivered in person with receipt acknowledged on a business day during normal business hours where such notice is to be received), (b) the first business day following such delivery (if delivered other than on a business day during normal business hours where such notice is to be received) or sent (c) on the second business day following the date of mailing by or by facsimile transmission with confirmation receivedexpress courier service, fully prepaid, addressed as follows:
to such address, or upon actual receipt of such mailing, whichever shall first occur. The addresses for such communications shall be: (i) If if to any Holderthe Company, at its last known address appearing on the books of the Company maintained for such purposeto: Quantum Fuel Systems Technologies Worldwide, which initially shall be: Xxxxxx-XXXX FundingInc., L.L.C. c/x Xxxxxx Equity Investors IV00000 Xxxxxxxxxx Xxxx, L.P. 0000 Xxxxxxxxxxxx Xxxxxx, X.X., Xxxxx 000 Xxxxxxxxxx, XX 00000 Attention: Xxxxxxx X. Xxxxxxxx Facsimile: (000) 000-0000 and: Xxxxxx-XXXX Funding, L.L.C. c/o RCBA Strategic Partners, L.P. 000 Xxxxxxxxxx Xxxxxx, Suite 400 San FranciscoIrvine, CA 94133 Attention92614, Attn: Xxxxxx X. Xxxxxx Facsimile: (000) 000-0000 with a copy to: Xxxxxx & Xxxxxxx 0000 Xxxxxxxxxxxx XxxxxxChief Financial Officer, X.X., Xxxxx 0000 Xxxxxxxxxx, X.X. 00000-0000 Attention: Xxxx X. Xxxxx, Esq. Facsimiletelecopier: (000) 000-0000
, and (ii) If to the Companyif Holder, at EFTC Corporation to: XX Xxxxxx Partners, LP,. One Buckhead Plaza, 0000 Xxxxxxxxx Xxxx XX, 00xx Xxxxx Xxxxxx Xxxxx Xxxxx XxxxxxXxxxxxx, XX 00000 AttentionXX, 00000, Attn: Chief Financial Officer FacsimileXxxxxxx Xxxxx, telecopier: (000) 000-0000 with a copy to: Holme Xxxxxxx & Xxxx LLP 1700 Lincoln, Suite 1400 Xxxxxx, XX 00000 Attention: Xxxxxxx X. Xxxxxxx, Esq. Facsimile: (000) 000-0000 or at such other address as may be substituted by notice given as herein provided. The giving of any notice required hereunder may be waived in writing by the party entitled to receive such notice. Every notice, demand, request, consent, approval, declaration, delivery or other communication hereunder shall be deemed to have been duly given or served on the date on which personally delivered, with receipt acknowledged, transmitted by facsimile with confirmation of receipt or one Business Day after the same shall have been sent by overnight delivery service0000.
Appears in 1 contract
Samples: Common Stock Purchase Warrant (Quantum Fuel Systems Technologies Worldwide, Inc.)
Notice Generally. Any notice, demand, request, consent, ---------------- approval, declaration, . delivery or other communication hereunder to be made pursuant to the provisions of this Agreement Warrant shall be sufficiently given or made if in writing and either delivered in person with receipt acknowledged or sent by registered or certified mail, return receipt requested, postage prepaid, or by facsimile transmission with confirmation receivedtelecopy and confirmed by telecopy answerback, addressed as follows:
(ia) If to any HolderHolder or holder of Warrant Stock, at its last known address appearing on the books of the Company maintained for such purpose.
(b) If to Company, which initially shall beat: Xxxxxx-XXXX FundingBagcraft Corporation of America 0000 Xxxx 00xx Xxxxxx Xxxxxxx, L.L.C. c/x Xxxxxx Equity Investors IV, L.P. 0000 Xxxxxxxxxxxx Xxxxxx, X.X., Xxxxx 000 Xxxxxxxxxx, XX Xxxxxxxx 00000 Attention: Xxxxxxx X. Xxxxxxxx Facsimile: (000) 000-0000 and: Xxxxxx-XXXX FundingXxxx Xxxxxxxxxx, L.L.C. c/o RCBA Strategic Partners, L.P. 000 Xxxxxxxxxx Xxxxxx, Suite 400 San Francisco, CA 94133 Attention: Xxxxxx X. Xxxxxx FacsimileEsq. Telecopy Number: (000) 000-0000 with a copy to: Xxxxxx & Xxxxxxx 0000 Xxxxxxxxxxxx Xxxxxx, X.X., Xxxxx 0000 Xxxxxxxxxx, X.X. 00000-0000 Attention: Xxxx X. Xxxxx, Esq. Facsimile: (000) 000-0000
(ii) If to the Company, at EFTC Corporation 0000 Xxxxx Xxxxxx Xxxxx Xxxxx Xxxxxx, XX 00000 Attention: Chief Financial Officer Facsimile: (000) 000-0000 with a copy to: Holme Xxxxxxxxx & Xxxxx, Ltd. 000 Xxxxxxx & Xxxx LLP 1700 Lincoln, Suite 1400 XxxxxxXxxxxx Xxxxxxxxxx, XX 00000 Attention: Xxxxxxx X. Xxxxxxx, Esq. FacsimileTelecopy: (000) 000-0000 or at such other address as may be substituted by notice given as herein provided. The giving of any notice required hereunder may be waived in writing by the party entitled to receive such notice. Every notice, demand, request, consent, approval, declaration, delivery or other communication hereunder shall be deemed to have been duly given or served on the date on which personally delivered, with receipt acknowledged, transmitted telecopied and confirmed by facsimile with confirmation of receipt telecopy answerback, or one three (3) Business Day Days after the same shall have been sent by deposited in the United States mail, certified, or one (1) Business Day after the same has been deposited with a reputable overnight courier with instructions to deliver the same on the next Business Day. Failure or delay in delivering copies of any notice, demand, request, approval, declaration, delivery serviceor other communication to the person designated above to receive a copy shall in no way adversely affect the effectiveness of such notice, demand, request, approval, declaration, delivery or other communication.
Appears in 1 contract
Samples: Warrant Agreement (Artra Group Inc)
Notice Generally. Any notice, demand, request, consent, ---------------- approval, declaration, delivery or other communication hereunder to be made pursuant to the provisions of this Agreement Warrant shall be sufficiently given or made if in writing and either delivered in person with receipt acknowledged or sent by registered or certified mail, return receipt requested, postage prepaid or by facsimile transmission with confirmation receiveda nationally recognized overnight courier or by telecopy and confirmed by telecopy answerback, addressed as follows:
(ia) If to any the Holder, at its last known address appearing on the books of the Company maintained for such purpose: with a copy to: Lerner & Squire, which initially shall be: Xxxxxx-XXXX Funding, L.L.C. c/x Xxxxxx Equity Investors IV, L.P. 0000 Xxxxxxxxxxxx Xxxxxx, X.X.LLP 500 Park Avenue, Xxxxx 000 Xxxxxxxxxx510 New York, XX Nxx Xxxx, 00000 AttentionXxxx: Xxxxxxx X. Xxxxxxxx Facsimile: (000) 000-0000 and: Xxxxxx-XXXX Funding, L.L.C. c/o RCBA Strategic Partners, L.P. 000 Xxxxxxxxxx Xxxxxx, Suite 400 San Francisco, CA 94133 Attention: Xxxxxx X. Xxxxxx Facsimile: (000212) 000-0000 with a copy to: Xxxxxx & Xxxxxxx 0000 Xxxxxxxxxxxx Xxxxxx, X.X., Xxxxx 0000 Xxxxxxxxxx, X.X. 00000-0000 Attention: Xxxx X. Xxxxx, Esq. Facsimile: (000) 000339-0000
(iib) If to the CompanyCompany at: 6330 San Vicente Boulevard Los Angeles, at EFTC Corporation 0000 Xxxxx Xxxxxx Xxxxx Xxxxx XxxxxxXxxxxxxxxx 00000 Attn: Teresa L. Tormey, XX 00000 Attention: Chief Financial Officer Esq. Sr. Vice Xxxxxxxxx, Xxxxxal Counsel and Secretary Facsimile: (000323) 000930-0000 with a copy to: Holme Xxxxxxx & Xxxx LLP 1700 Lincoln, Suite 1400 Xxxxxx, XX 00000 Attention: Xxxxxxx X. Xxxxxxx, Esq. Facsimile: (000) 000-0000 8346 or at such other address as may be substituted by notice given as herein xxxxx xx xxxxin provided. The giving of any notice required hereunder may be waived in writing by the party entitled to receive such notice. Every notice, demand, request, consent, approval, declaration, delivery or other communication hereunder shall be deemed to have been duly given or served (i) on the date on which personally delivered, with receipt acknowledged, transmitted (ii) on the date on which telecopied and confirmed by facsimile with confirmation written or telephonic acknowledgment, (iii) on the date set forth on the executed return receipt in the case of receipt registered or one Business Day certified mail or (iv) on the next business day after the same shall have been sent by deposited for overnight delivery servicewith a nationally recognized overnight courier, provided that proof of receipt is received. Failure or delay in delivering copies of any notice, demand, request, approval, declaration, delivery or other communication to the Person designated above to receive a copy shall in no way adversely affect the effectiveness of such notice, demand, request, approval, declaration, delivery or other communication.
Appears in 1 contract
Samples: Warrant Exchange Agreement (Crown Emak Partners LLC)
Notice Generally. Any notice, demand, request, consent, ---------------- approval, declaration, delivery or other communication hereunder to be made pursuant to the provisions of this Agreement shall be sufficiently given deemed served and received: (i) when delivered by hand to the recipient named below (or made when delivery is refused); (ii) on the date of delivery (or when delivery is refused) as confirmed by the agency or firm making delivery (or attempting to make delivery when delivery is refused) when the notice is delivered by private overnight courier service, such as Federal Express; (iii) on the date delivered (or the date delivery is refused) if in writing and either delivered in person with receipt acknowledged or sent via the United States Postal Service when sent by either registered or certified mail, postage and postal charges prepaid, return receipt requested; or (iv) if on a business day, on the date sent via telecopy, provided such delivery is confirmed (via a fax confirmation report). Notices shall be addressed by facsimile transmission with confirmation receivedname and address to the recipient, addressed as follows:
(i) If to any HolderExecutive, at its last known address appearing on the books of the Company maintained for such purpose, which initially shall be: Xxxxxx-XXXX Funding, L.L.C. c/x Xxxxxx Equity Investors IV, L.P. 0000 Xxxxxxxxxxxx Howard Socol 136 Sullivax Xxxxxx, X.X.XX Xxx Xxxx, Xxx Xxxx 10012 with a copy to: Stephen N. Lipton, LLC Sxxxx Xxxxx 000 Xxxx, Suite 1103 Xxxx Xxxxxxxxxx, XX Xxxxxxx 00000 Attention: Xxxxxxx X. Xxxxxxxx FacsimileXxxxxxxxxx: (000) 000-0000 and: Xxxxxx-XXXX Funding0813 If to Company at Barneys New York, L.L.C. c/o RCBA Strategic PartnersInc. 575 Fifth Avenue New Yorx, L.P. 000 Xxxxxxxxxx Xxxxxx, Suite 400 San Francisco, CA 94133 Attention: Xxxxxx X. Xxxxxx Facsimile: (000) 000-0000 with a copy to: Xxxxxx & Xxxxxxx 0000 Xxxxxxxxxxxx Xxxxxx, X.X., Xxxxx 0000 Xxxxxxxxxx, X.X. 00000-0000 AttentionXxx Xxxx 00000 Xxxxxxxxx: Xxxx X. XxxxxXxxlowitz, Esq. FacsimileXxxxxxxxxx: (000) 000-0000
(ii) If to the Company050-8480 With a copx xx: Weil, at EFTC Corporation 0000 Xxxxx Xxxxxx Xxxxx Xxxxx XxxxxxGotshal & Manges LLP 767 Fifth Avexxx New Yorx, XX Xxx Xxxx 00000 AttentionXxxxxxxxx: Chief Financial Officer Facsimile: (000) 000-0000 with a copy to: Holme Xxxxxxx & Xxxx LLP 1700 Lincoln, Suite 1400 Xxxxxx, XX 00000 Attention: Xxxxxxx Xxx X. XxxxxxxXxxxman, Esq. FacsimileTelxxxxxxx: (000) 000-0000 010-8007 or at such other address as may be substituted by notice given as notixx xxxxx xx herein provided. The giving of any notice required hereunder may be waived in writing by the party entitled to receive such notice. Every notice, demand, request, consent, approval, declaration, delivery or other communication hereunder shall be deemed to have been duly given or served on the date on which personally delivered, with receipt acknowledged, transmitted telecopied and confirmed by facsimile with confirmation of receipt telecopy answerback or one five (5) Business Day Days after the same shall have been sent by overnight delivery servicedeposited in the United States mail.
Appears in 1 contract
Samples: Registration Rights Agreement (Barneys New York Inc)
Notice Generally. Any notice, demand, request, consent, ---------------- approval, declaration, delivery or other communication hereunder to be made pursuant to the provisions of this Agreement shall be deemed sufficiently given or made if in writing and signed by the party making the same, and either delivered in person with receipt acknowledged or sent by registered or certified mail, return receipt requested, postage prepaid, or by facsimile transmission with confirmation receivedtelecopy and confirmed by telecopy answerback, addressed as follows:
(i) If : if to any Holder or the Holder Representative, addressed to it at the address set forth on such Holder’s signature page attached hereto, at its last known address appearing on the books of the Company maintained for such purpose, which initially shall beor at: Xxxxxx-XXXX Funding, L.L.C. c/x Xxxxxx Equity Investors IV, L.P. 0000 Xxxxxxxxxxxx Xxxxxx, X.X., Xxxxx 000 Xxxxxxxxxx, XX 00000 Attention: Xxxxxxx X. Xxxxxxxx Facsimile: (000) 000-0000 and: Xxxxxx-XXXX Funding, L.L.C. c/o RCBA Strategic Partners, L.P. 000 Xxxxxxxxxx Xxxxxx, Suite 400 San Francisco, CA 94133 Attention: Xxxxxx X. Xxxxxx Facsimile: (000) 000-0000 with a copy to: Xxxxxx & Xxxxxxx 0000 Xxxxxxxxxxxx Xxxxxx, X.X., Xxxxx 0000 Xxxxxxxxxx, X.X. 00000-0000 Attention: Xxxx X. Xxxxx, Esq. Facsimile: (000) 000-0000
(ii) If and if to the Company, at EFTC Corporation 0000 at: Sky Harbour LLC 000 Xxxxx Xxxx, Xxxxxx Xxxxx X, Xxxxxxxxxxx Xxxxxx Airport Xxxxx Xxxxxx, XX 00000 Attentionwith copies to: Chief Financial Officer Facsimile: (000) 000Xxxxxxxx Xxxxxxx Xxxxxxxx & Xxxxxxxx LLP 000 Xxxx 00xx Xxxxxx Xxx Xxxx, XX 00000-0000 with a copy to: Holme Xxxx Xxxxxxx Xxxxxxxx & Xxxxxxxx LLP 000 Xxxx LLP 1700 Lincoln, Suite 1400 Xxxxxx00xx Xxxxxx Xxx Xxxx, XX 00000 Attention: Xxxxxxx X. Xxxxxxx, Esq. Facsimile: (000) 00000000-0000 or at such other address as may be substituted by notice given as herein provided. The giving of any notice required hereunder may be waived in writing by the party entitled to receive such notice. Every notice, demand, request, consent, approval, declaration, delivery or other communication hereunder shall be deemed to have been duly given or served and received on the date on which personally delivered, with receipt acknowledged, transmitted telecopied and confirmed by facsimile with confirmation of receipt telecopy answerback or one three (3) Business Day Days after the same shall have been sent deposited in the United States mail (by overnight delivery serviceregistered or certified mail, return receipt requested, postage prepaid), whichever is earlier. Each Holder acknowledges and agrees that, as of the date hereof, it holds the number of Registrable Securities set forth next to its name on Schedule I attached hereto. Any Person that desires to become a Holder in accordance with the terms of this Agreement shall provide written notice to the Company setting forth its address and the number of Registrable Securities held by such Person and agreeing to be bound by the terms hereof, and upon receipt of such notice the Company shall amend Schedule I attached hereto to reflect such Holder, its address and the number of Registrable Securities held thereby without any further action or consent required from the parties to this Agreement. From time to time and promptly following a written request by the Company, each such Holder shall provide written notice to the Company of any increase or decrease in the number of Registrable Securities held by such Person, and upon receipt of any such notice, the Company shall amend Schedule I attached hereto to reflect such increase or decrease in the number of Registrable Securities held by such Person without any further action or consent required from the parties to this Agreement; provided that if any such Holder discloses such increase or decrease in the number of Registrable Securities held by such person in any filing made pursuant to Section 13 or 16 of the Exchange Act, such Holder shall be deemed to have provided notice to the Company as provided in this sentence. Solely for purposes of this Agreement, in determining the number of Registrable Securities outstanding at any time and the Holders thereof, the Company shall be entitled to rely on Schedule I attached hereto (as so amended in accordance with the terms of this Agreement to reflect all such written notices received by the Company from time to time).
Appears in 1 contract
Samples: Registration Rights Agreement (Sky Harbour Group Corp)
Notice Generally. Any notice, demand, request, consent, ---------------- approval, declaration, delivery or other communication hereunder to be made pursuant to the provisions of this Agreement shall be deemed sufficiently given or made if in writing and signed by the party making the same, and either delivered in person with receipt acknowledged or sent by registered or certified mail, return receipt requested, postage prepaid, or by facsimile transmission with confirmation receivedtelecopy and confirmed by telecopy answerback, addressed as follows:
(i) If : if to any Holder, at its last known the address appearing of such Holder as set forth on the books of the Company maintained for such purposeExhibit B hereto, which initially shall bewith copies to: Xxxxxx-XXXX Funding, L.L.C. c/x Xxxxxxx & Xxxxxxx & Xxxxx LLP 000 Xxxxxx Equity Investors IV, L.P. 0000 Xxxxxxxxxxxx Xxxxxx, X.X., Xxxxx 000 XxxxxxxxxxXxxx Xxx Xxxx, XX 00000 AttentionAttn: Xxxxxxx X. Xxxxxxxx Xxxxx Xxxxxxxx, Esq. Telephone: (000) 000-0000 Facsimile: (000) 000-0000 andand if to Loral or Skynet, at: XxxxxxLoral Space & Communications Inc. 000 Xxxxx Xxxxxx Xxx Xxxx, XX 00000 Attn: Chief Financial Officer Telephone: 000-XXXX Funding, L.L.C. c/o RCBA Strategic Partners, L.P. 000 Xxxxxxxxxx Xxxxxx, Suite 400 San Francisco, CA 94133 Attention: Xxxxxx X. Xxxxxx 000-0000 Facsimile: (000) -000-0000 with a copy copies to: Xxxxxx Loral Space & Xxxxxxx 0000 Xxxxxxxxxxxx Xxxxxx, X.X., Xxxxx 0000 Xxxxxxxxxx, X.X. 00000-0000 Attention: Xxxx X. Xxxxx, Esq. Facsimile: (000) 000-0000
(ii) If to the Company, at EFTC Corporation 0000 Communications Inc. 000 Xxxxx Xxxxxx Xxxxx Xxxxx XxxxxxXxx Xxxx, XX 00000 AttentionAttn: Chief Financial Officer FacsimileGeneral Counsel Telephone: (000) -000-0000 with a copy to: Holme Xxxxxxx & Xxxx LLP 1700 Lincoln, Suite 1400 Xxxxxx, XX 00000 Attention: Xxxxxxx X. Xxxxxxx, Esq. Facsimile: (000) -000-0000 or at such other address as may be substituted by notice given as herein provided. The giving of any notice required hereunder may be waived in writing by the party entitled to receive such notice. Every notice, demand, request, consent, approval, declaration, delivery or other communication hereunder shall be deemed to have been duly given or served on the date on which personally delivered, with receipt acknowledged, transmitted telecopied and confirmed by facsimile with confirmation of receipt telecopy answerback or one three (3) Business Day Days after the same shall have been sent deposited in the United States mail (by overnight delivery serviceregistered or certified mail, return receipt requested, postage prepaid), whichever is earlier.
Appears in 1 contract
Samples: Securities Purchase Agreement (Loral Space & Communications Inc.)
Notice Generally. Any notice, demand, request, consent, ---------------- approval, declaration, delivery or other communication hereunder to be made pursuant to the provisions of this Agreement Warrant shall be sufficiently given or made if in writing and either delivered in person with receipt acknowledged or sent by registered or certified mail, return receipt requested, postage prepaid, or by facsimile transmission with confirmation receivedemail and confirmed by response email, addressed as follows:
(ia) If to any Holder, at its last known address appearing on the books of the Company maintained for such purposeat: LYON SHAREHOLDER 2012, which initially shall be: Xxxxxx-XXXX FundingLLC 0000 Xxx Xxxxxx Xxxxxx Newport Beach, L.L.C. c/x Xxxxxx Equity Investors IV, L.P. 0000 Xxxxxxxxxxxx Xxxxxx, X.X., Xxxxx 000 Xxxxxxxxxx, XX 00000 CA 92660 Attention: Xxxxxxx X. Xxxxxxxx FacsimileXxxx Email: (000) 000-0000 and: Xxxxxx-XXXX Funding, L.L.C. c/o RCBA Strategic Partners, L.P. 000 Xxxxxxxxxx Xxxxxx, Suite 400 San Francisco, CA 94133 Attention: Xxxxxx X. Xxxxxx Facsimile: (000) 000-0000 xxxxxx0@xxxxx.xxx with a copy (which shall not constitute notice) to: Xxxxxx Akin Gump Xxxxxxx Xxxxx & Xxxxxxx 0000 Xxxxxxxxxxxx XxxxxxXxxx LLP 0 Xxxx Xxxxx Suite 1900 Irvine, X.X., Xxxxx 0000 Xxxxxxxxxx, X.X. 00000CA 92614-0000 2585 Attention: Xxxx Xxxxxxxx X. Xxxxx, Esq. FacsimileXxxxx Email: (000) 000-0000xxxxxx@xxxxxxxx.xxx
(iib) If to the Company, at EFTC Xxxxxx Xxxxxxxx Home Corporation 0000 X. Xxxxxxxxxx Xx., Xxxxx Xxxxxx Xxxxx Xxxxx Xxxxxx0000 Scottsdale, XX 00000 AZ 85251 Attention: Chief Financial Officer FacsimileXxxxxxx Xxxxxxx
Xxxxxxxx X. Xxxxxxxxxx Email: (000) 000-0000 xxxxxxxx@xxxxxxxxxxxxxx.xxx with a copy (which shall not constitute notice) to: Holme Xxxx, Xxxxx, Xxxxxxx, Xxxxxxx & Xxxx Xxxxxxxx LLP 1700 Lincoln0000 Xxxxxx xx xxx Xxxxxxxx New York, Suite 1400 Xxxxxx, XX 00000 NY 10019 Attention: Xxxxx X. Xxxxxxx Xxxxxx X. Xxxxxxx, Esq. FacsimileXxxxxxxx Email: (000) 000-0000 xxxxxxxx@xxxxxxxxx.xxx or at such other address as may be substituted by notice given as herein provided. The giving of any notice required hereunder may be waived in writing by the party entitled to receive such notice. Every notice, demand, request, consent, approval, declaration, delivery or other communication hereunder shall be deemed to have been duly given or served on the date on which personally delivered, with receipt acknowledged, transmitted emailed and confirmed by facsimile with confirmation of receipt response email, or one three Business Day Days after the same shall have been sent by overnight deposited in the United States mail. Failure or delay in delivering copies of any notice, demand, request, approval, declaration, delivery serviceor other communication to the person designated above to receive a copy shall in no way adversely affect the effectiveness of such notice, demand, request, approval, declaration, delivery or other communication.
Appears in 1 contract
Notice Generally. Any notice, demand, request, consent, ---------------- approval, declaration, delivery or other communication hereunder to be made pursuant to the provisions of this Agreement shall be deemed sufficiently given or made if in writing and signed by the party making the same, and either delivered in person with receipt acknowledged or sent by registered or certified mail, return receipt requested, postage prepaid, or by facsimile transmission with confirmation receivedtelecopy and confirmed by telecopy answerback, addressed as follows:
(i) If addressed, if to any Holder, at its last known the address appearing of such Holder as set forth on the books of the Company maintained for such purposesignature pages hereto, which initially shall bewith copies to: Xxxxxx-XXXX FundingHY I INVESTMENTS, L.L.C. c/x Xxxxxx Equity Investors IV, L.P. 0000 Xxxxxxxxxxxx Xxxxxx, X.X.Two X. Xxxxxxxxx Xxxxx, Xxxxx 000 XxxxxxxxxxXxxxxxx, XX Xxxxxxxx 00000 AttentionAttn: Xxxxxxx X. Xxxxxxxx General Counsel Telephone: (000) 000-0000 Facsimile: (000) 000-0000 andand if to the Company, at American Commercial Lines Inc. 0000 Xxxx Xxxxxx Xxxxxx Xxxxxxxxxxxxxx, XX 00000 Attn: XxxxxxGeneral Counsel Telephone: (000) 000-XXXX Funding, L.L.C. c/o RCBA Strategic Partners, L.P. 000 Xxxxxxxxxx Xxxxxx, Suite 400 San Francisco, CA 94133 Attention: Xxxxxx X. Xxxxxx 0000 Facsimile: (000) 000-0000 with a copy With copies to: Xxxxxx & Xxxxxxx 0000 Xxxxxxxxxxxx Xxxxxx, X.X., Xxxxx 0000 Xxxxxxxxxx, X.X. 00000-0000 Attention: Xxxx X. Xxxxx, Esq. Facsimile: (000) 000-0000
(ii) If to the Company, at EFTC Corporation 0000 Xxxxx Xxxxxx Xxxxxx Xxxxx Xxxxx Xxxxxx, XX 00000 Attention: Chief Financial Officer Facsimile: (000) 000-0000 with a copy to: Holme Xxxxxxx & Xxxx LLP 1700 Lincoln, Suite 1400 Xxxxxx, XX 00000 Attention: Xxxxxxx X. Bank Xxx Xxxxx 00 Xxxxx Xxxxxxxx Xxxxxxx, Esq. Facsimile: (000) 000-0000 Xxxxxxxx 00000 or at such other address as may be substituted by notice given as herein provided. The giving of any notice required hereunder may be waived in writing by the party entitled to receive such notice. Every notice, demand, request, consent, approval, declaration, delivery or other communication hereunder shall be deemed to have been duly given or served on the date on which personally delivered, with receipt acknowledged, transmitted telecopied and confirmed by facsimile with confirmation of receipt telecopy answerback or one three (3) Business Day Days after the same shall have been sent deposited in the United States mail (by overnight delivery serviceregistered or certified mail, return receipt requested, postage prepaid), whichever is earlier.
Appears in 1 contract
Notice Generally. Any notice, demand, request, consent, ---------------- approval, declaration, delivery or other communication hereunder to be made pursuant to the provisions of this Agreement Warrant shall be sufficiently given or made if in writing and either delivered (i) in person with receipt acknowledged or sent by or acknowledged, (ii) by facsimile transmission transmission, with confirmation receivedreceipt electronically confirmed during normal business hours of recipient, and that is confirmed by sending, no later than one (1) Business Day following such transmission, a copy of such facsimile, by registered or certified mail, return receipt requested, postage prepaid, or (iii) by registered or certified mail, return receipt requested, postage prepaid, addressed as follows:
(ia) If to any HolderHolder or holder of Warrant Stock, at its last known address or facsimile transmission number appearing on the books of the Company maintained for such purpose.
(b) IF TO THE COMPANY TO: Xxxx Real Estate Group, which initially shall be: Xxxxxx-XXXX FundingInc. 0000 Xxx Xxxxxx Xxxxxx Newport Beach, L.L.C. c/x Xxxxxx Equity Investors IV, L.P. 0000 Xxxxxxxxxxxx Xxxxxx, X.X., Xxxxx 000 Xxxxxxxxxx, XX 00000 California 92660 Attention: Xxxxxxx X. Xxxxxxxx Facsimile: (000) 000-0000 and: Xxxxxx-XXXX Funding, L.L.C. c/o RCBA Strategic Partners, L.P. 000 Xxxxxxxxxx Xxxxxx, Suite 400 San Francisco, CA 94133 Attention: Xxxxxx X. Xxxxxx Facsimile: (000) 000-0000 with a copy to: Xxxxxx & Xxxxxxx 0000 Xxxxxxxxxxxx Xxxxxx, X.X., Xxxxx 0000 Xxxxxxxxxx, X.X. 00000-0000 Attention: Xxxx X. Xxxxx, Esq. Facsimile: (000) 000-0000
(ii) If to the Company, at EFTC Corporation 0000 Xxxxx Xxxxxx Xxxxx Xxxxx Xxxxxx, XX 00000 Attention: Chief Financial Officer Facsimile: (000) 000-0000 with a copy to: Holme Xxxxxxx & Xxxx LLP 1700 Lincoln, Suite 1400 Xxxxxx, XX 00000 Attention: Xxxxxxx X. Xxxxxxx, Esq. FacsimileFax: (000) 000-0000 or at such other address as may be substituted by notice given as herein provided. The giving of any notice required hereunder may be waived in writing by the party entitled to receive such notice. Every notice, demand, request, consent, approval, approval declaration, delivery or other communication hereunder shall be deemed to have been duly given or served on the date on which personally delivered, with receipt acknowledged, transmitted acknowledged or sent by facsimile with confirmation receipt electronically confirmed during normal business hours of receipt recipient, or one three (3) Business Day Days after the same shall have been sent by overnight deposited in the United States mail. Failure or delay in delivering copies of any notice, demand, request, approval, declaration, delivery serviceor other communication to the person designated above to receive a copy shall in no way adversely affect the effectiveness of such notice, demand, request, approval, declaration, delivery or other communication.
Appears in 1 contract
Samples: Common Stock Purchase Warrant (Koll Real Estate Group Inc)
Notice Generally. Any notice, demand, request, consent, ---------------- approval, declaration, delivery or Except in the case of notices and other communication hereunder communications expressly permitted to be made pursuant to the provisions of this Agreement given by telephone (and except as provided in paragraph (b) below), all notices and other communications provided for herein shall be sufficiently given or made if in writing and either shall be delivered in person with receipt acknowledged by hand or overnight courier service, mailed by certified or registered mail or sent by or by facsimile transmission with confirmation received, addressed as follows:
(i) If if to any Holderthe Borrower, to it at its last known address appearing on the books of the Company maintained for such purpose, which initially shall be: Xxxxxx-XXXX Funding, L.L.C. c/x Xxxxxx Equity Investors IV, L.P. 0000 Xxxxxxxxxxxx 00xx Xxxxxx, X.X.Xxxxxxx, Xxxxx 000 XxxxxxxxxxXxxxxxxxx 00000, XX 00000 Attention: Xxxxxxx X. Xxxxxxxx Facsimile: Xxxxxxxxx, Vice President & Treasurer, (000) 000-0000 and: Xxxxxx-XXXX Funding, L.L.C. c/o RCBA Strategic Partners, L.P. 000 Xxxxxxxxxx Xxxxxx, Suite 400 San Francisco, CA 94133 Attention: Xxxxxx X. Xxxxxx Facsimile: (000) 000-0000 with a copy to: Xxxxxx & Xxxxxxx 0000 Xxxxxxxxxxxx Xxxxxx, X.X., Xxxxx 0000 Xxxxxxxxxx, X.X. 00000-0000 Attention: Xxxx X. Xxxxx, EsqFacsimile No. Facsimile: (000) 000-0000
(ii) If to the Company, at EFTC Corporation 0000 Xxxxx Xxxxxx Xxxxx Xxxxx Xxxxxx, XX 00000 Attention: Chief Financial Officer Facsimile: ; Telephone No. (000) 000-0000 with a copy to: Holme Xxxxxxx & Xxxx LLP 1700 Lincoln0000) and Xxxxx X. Xxxx, Suite 1400 XxxxxxGeneral Counsel, XX 00000 Attention: Xxxxxxx X. Xxxxxxx, Esq(Facsimile No. Facsimile: (000) 000-0000 or at such other address as may be substituted by notice given as herein provided0000; Telephone No. The giving (000) 000-0000) ;
(ii) if to the Agent, to JPMorgan Loan Services, JPMorgan Chase Bank, 00 Xxxxx Xxxxxxxx, 0xx Xxxxx, Xxxxxxx, XX 00000, Tel: 000-000-0000, Fax: 000-000-0000, email: xxx.xxxxxx.xxxxxxxxx.0@xxxxxxxx.xxx, Attention: Xxxxxxx Xxxxxx, with a copy, in the case of any notice required hereunder may Notice of Borrowing or Notice of Competitive Bid Borrowing to be waived denominated in writing a Foreign Currency, to JPMorgan Europe Limited, 000 Xxxxxx Xxxx, Xxxxxx XX0X 0XX Tele no 00 000 000 0000 Fax no 00 000 000 0000 Attention Loan and Agency Manager; and
(iii) if to a Lender, to it at its address (or facsimile number) set forth in its Administrative Questionnaire. Notices sent by the party entitled to receive such notice. Every noticehand or overnight courier service, demandor mailed by certified or registered mail, request, consent, approval, declaration, delivery or other communication hereunder shall be deemed to have been duly given or served when received; notices sent by facsimile shall be deemed to have been given when sent (except that, if not given during normal business hours for the recipient, shall be deemed to have been given at the opening of business on the date on which personally deliverednext business day for the recipient). Notices delivered through electronic communications, with receipt acknowledgedto the extent provided in paragraph (b) below, transmitted by facsimile with confirmation of receipt or one Business Day after the same shall have been sent by overnight delivery servicebe effective as provided in said paragraph (b).
Appears in 1 contract
Samples: Credit Agreement (SNAP-ON Inc)
Notice Generally. Any notice, demand, request, consent, ---------------- approval, declaration, delivery or other communication hereunder to be made pursuant to the provisions of this Agreement shall will be sufficiently given or made if in writing and either (i) delivered in person with receipt acknowledged or personally, (ii) sent by telefacsimile, (iii) delivered by a nationally recognized overnight courier service, or (iv) sent by facsimile transmission with confirmation receivedregistered or certified mail, addressed postage prepaid, as follows:
(i) If to any Holder, at its last known address appearing on the books of the Company maintained for such purpose. With a copy to Weil, which initially shall be: Xxxxxx-XXXX Funding, L.L.C. c/x Gotshal & Xxxxxx Equity Investors IV, L.P. LLP 000 Xxxxxxxx Xxxxx Xxxxx 0000 Xxxxxxxxxxxx Xxxxxx, X.X., Xxxxx 000 Xxxxxxxxxx, XX 00000 Attention: Xxxxxxx X. Xxxxxxxx Facsimile: (000) 000-0000 and: Xxxxxx-XXXX Funding, L.L.C. c/o RCBA Strategic Partners, L.P. 000 Xxxxxxxxxx Xxxxxx, Suite 400 San Francisco, CA 94133 Attention: Xxxxxx Xxxxx X. Xxxxxx Facsimile: (000) 000-0000 with a copy to: Xxxxxx & Xxxxxxx 0000 Xxxxxxxxxxxx Xxxxxx, X.X., Xxxxx 0000 Xxxxxxxxxx, X.X. 00000-0000 Attention: Xxxx X. Xxxxx, Esq. FacsimileTelecopy Number: (000) 000-0000
(ii) If to the Company, at EFTC Corporation Integrated Orthopaedics, Inc. 0000 Xxxxxxxxxx, Xxxxx Xxxxxx 000 Xxxxxxx, Xxxxx Xxxxx Xxxxxx, XX 00000 Attention: Chief Financial Executive Officer FacsimileTelecopy Number: (000) 000-0000 with With a copy to: Holme to Xxxxxxx Xxxx & Xxxxxxxxx One Citicorp Center 000 Xxxx LLP 1700 Lincoln00xx Xxxxxx Xxx Xxxx, Suite 1400 Xxxxxx, XX Xxx Xxxx 00000 Attention: Xxxxxxx X. Xxxxxxx, Esq. FacsimileFacsimile No.: (000) 000-0000 or at such other address as may be substituted by notice given as herein provided. The giving of any notice required hereunder may be waived in writing by the party entitled to receive such notice. Attention: Xxxxx X. Xxxxx Every notice, demand, request, consent, approval, declaration, delivery or other communication hereunder shall required or permitted under this Agreement that is addressed as provided in this Section 11(b) will (x) if delivered personally or by overnight courier service, be deemed given upon delivery; (y) if delivered by telefacsimile or similar facsimile transmission, be deemed given when electronically confirmed; and (z) if sent by registered or certified mail, be deemed given when received. Any party from time to time may change its address for the purpose of notices to that party by giving a similar notice specifying a new address, but no such notice will be deemed to have been duly given or served on until it is actually received by the date on which personally delivered, party sought to be charged with receipt acknowledged, transmitted by facsimile with confirmation of receipt or one Business Day after the same shall have been sent by overnight delivery servicecontents thereof.
Appears in 1 contract
Samples: Securities Purchase Agreement (Fw Integrated Orthopaedics Investors Lp)
Notice Generally. Any notice, demand, request, consent, ---------------- approval, declaration, delivery or other communication hereunder to be made pursuant to the provisions of this Agreement Warrant shall be sufficiently given or made if in writing and either delivered in person with receipt acknowledged or sent by registered or by facsimile transmission with confirmation receivedcertified mail, return receipt requested, postage prepaid, addressed as follows:
(ia) If to any HolderHolder or holder of Warrant Stock, at its last known address appearing on the books of the Company maintained for such purpose, which initially shall be.
(b) If to the Company at: Xxxxxx-XXXX Funding, L.L.C. Xxxxxxx I Holding Corp. c/x o BNS Holding, Inc. 00 Xxxxxxxxxx Xxxxxx Equity Investors IV, L.P. 0000 Xxxxxxxxxxxx Xxxxxx, X.X., Xxxxx 000 Xxxxxxxxxx, XX 00000 Attention: Xxxxxxx X. Xxxxxxxx Facsimile: (000) 000-0000 and: Xxxxxx-XXXX Funding, L.L.C. c/o RCBA Strategic Partners, L.P. 000 Xxxxxxxxxx Xxxxxx, Suite 400 San Francisco, CA 94133 Attention: Xxxxxx X. Xxxxxx Facsimile: (000) 000-0000 with a copy to: Xxxxxx & Xxxxxxx 0000 Xxxxxxxxxxxx Xxxxxx, X.X., Xxxxx 0000 Xxxxxxxxxx, X.X. 00000-0000 Attention: Xxxx X. Xxxxx, Esq. Facsimile: (000) 000-0000
(ii) If to the Company, at EFTC Corporation 0000 Xxxxx Xxxxxx Xxxxx Xxxxx Xxxxxx, XX 00000 Attention: President and Chief Financial Executive Officer Facsimile: (000) 000-0000 with a copy to: Holme Xxxxxxx & Xxxx LLP 1700 Lincoln, Suite 1400 Xxxxxx, XX 00000 Attention: Xxxxxxx X. Xxxxxxx, Esq. FacsimileFax: (000) 000-0000 or at such other address as may be substituted by notice given as herein provided. The giving of any notice required hereunder may be waived in writing by the party entitled to receive such notice. Every notice, demand, request, consent, approval, declaration, delivery or other communication hereunder shall be deemed to have been duly given or served on the date on which personally delivered, with receipt acknowledged, transmitted by facsimile five Business Days after the same shall have been deposited in the United States mail (registered or certified with confirmation of return receipt or one requested), two Business Day Days after the same shall have been sent by overnight express courier service and on the same Business Day when sent before 5:00 P.M., recipient's time, and the next Business Day when sent later than such time, after same shall be sent by facsimile transmission or telex, provided receipt thereof is acknowledged. Failure or delay in delivering copies of any notice, demand, request, approval, declaration, delivery serviceor other communication to the person designated above to receive a copy shall in no way adversely affect the effectiveness of such notice, demand, request, approval, declaration, delivery or other communication.
Appears in 1 contract
Notice Generally. Any notice, demand, request, consent, ---------------- approval, declaration, delivery or other communication hereunder to be made pursuant to the provisions of this Agreement shall specify the Section of this Agreement pursuant to which it is given or being made and shall be sufficiently given or made if in writing and signed by the party making the same, and either delivered in person with receipt acknowledged or sent by registered or certified mail, return receipt requested, postage prepaid, or by facsimile transmission with confirmation receivedtelecopy and confirmed by telecopy answerback, addressed as follows:
(i) If to any HolderStockholder, at its last known the address appearing of such Stockholder as set forth on the books of the Company maintained for such purposesignature pages hereto; and
(ii) If to Company, which initially shall be: Xxxxxx-XXXX Fundingat Edison Brothers Stores, L.L.C. c/x Xxxxxx Equity Investors IVInc. 000 Xxxxx Xxxxxxxx Xx. Xxxxx, L.P. 0000 Xxxxxxxxxxxx Xxxxxx, X.X., Xxxxx 000 Xxxxxxxxxx, XX Xxxxxxxx 00000 Attention: Xxxxxxx X. Xxxxxxxx Facsimile: (000) 000-0000 and: Xxxxxx-XXXX Funding, L.L.C. c/o RCBA Strategic Partners, L.P. 000 Xxxxxxxxxx Xxxxxx, Suite 400 San Francisco, CA 94133 Attention: Xxxxxx X. Xxxxxx Facsimile: (000) 000-0000 with a copy to: Xxxxxx & Xxxxxxx 0000 Xxxxxxxxxxxx Xxxxxx, X.X., Xxxxx 0000 Xxxxxxxxxx, X.X. 00000-0000 Attention: Xxxx X. Xxxxx, Esq. Facsimile: (000) 000-0000
(ii) If to the CompanyExecutive Vice President, at EFTC Corporation 0000 Xxxxx Xxxxxx Xxxxx Xxxxx Xxxxxx, XX 00000 Attention: Chief Financial Officer Facsimile: (000) 000-0000 with a copy to: Holme Xxxxxxx & Xxxx LLP 1700 Lincoln, Suite 1400 Xxxxxx, XX 00000 Attention: Xxxxxxx X. Xxxxxxx, Esq. FacsimileGeneral Counsel and Secretary Telecopy Number: (000) 000-0000 or at such other address as may be substituted by notice given as herein provided. The giving of any notice required hereunder may be waived in writing by the party entitled to receive such notice. Every notice, demand, request, consent, approval, declaration, delivery or other communication hereunder shall be deemed to have been duly given or served on the date on which personally delivered, with receipt acknowledged, transmitted telecopied and confirmed by facsimile with confirmation of receipt telecopy answerback or one three Business Day Days after the same shall have been sent deposited in the United States mail (by overnight delivery serviceregistered or certified mail, return receipt requested, postage prepaid), whichever is earlier.
Appears in 1 contract
Samples: Registration Rights Agreement (Edison Brothers Stores Inc)
Notice Generally. Any notice, demand, request, consent, ---------------- approval, declaration, delivery or other communication hereunder to be made pursuant to the provisions of this Agreement Warrant shall be sufficiently given or made if in writing and either delivered in person with receipt acknowledged or sent by registered or certified mail, return receipt requested, postage prepaid or by facsimile transmission with confirmation receiveda nationally recognized overnight courier or by telecopy and confirmed by telecopy answerback, addressed as follows:
(ia) If to any the Holder, at its last known address appearing on the books of the Company maintained for such purpose, which initially shall be: Xxxxxx-XXXX Funding, L.L.C. c/x Xxxxxx Equity Investors IV, L.P. 0000 Xxxxxxxxxxxx Xxxxxx, X.X., Xxxxx 000 Xxxxxxxxxx, XX 00000 Attention: Xxxxxxx X. Xxxxxxxx Facsimile: (000) 000-0000 and: Xxxxxx-XXXX Funding, L.L.C. c/o RCBA Strategic Partners, L.P. 000 Xxxxxxxxxx Xxxxxx, Suite 400 San Francisco, CA 94133 Attention: Xxxxxx X. Xxxxxx Facsimile: (000) 000-0000 with a copy to: Xxxxxx & Xxxxxxx 0000 Xxxxxxxxxxxx Xxxxxx, X.X.LLP 000 Xxxx Xxxxxx, Xxxxx 0000 Xxxxxxxxxx000 Xxx Xxxx, X.X. 00000-0000 AttentionXxx Xxxx, 00000 Attn: Xxxx Xxxxxxx X. Xxxxx, Esq. Xxxxxx Facsimile: (000) 000-0000
(iib) If to the CompanyCompany at: 0000 Xxx Xxxxxxx Xxxxxxxxx Los Angeles, at EFTC Corporation 0000 Xxxxx California 90048 Attn: Xxxxxx Xxxxx Xxxxx X. Xxxxxx, XX 00000 Attention: Chief Financial Officer Facsimile: (000) 000-0000 with a copy to: Holme Xxxxxxx & Xxxx LLP 1700 Lincoln, Suite 1400 Xxxxxx, XX 00000 Attention: Xxxxxxx X. Xxxxxxx, Esq. Sr. Vice President, General Counsel and Secretary Facsimile: (000) 000-0000 or at such other address as may be substituted by notice given as herein provided. The giving of any notice required hereunder may be waived in writing by the party entitled to receive such notice. Every notice, demand, request, consent, approval, declaration, delivery or other communication hereunder shall be deemed to have been duly given or served (i) on the date on which personally delivered, with receipt acknowledged, transmitted (ii) on the date on which telecopied and confirmed by facsimile with confirmation written or telephonic acknowledgment, (iii) on the date set forth on the executed return receipt in the case of receipt registered or one Business Day certified mail or (iv) on the next business day after the same shall have been sent by deposited for overnight delivery servicewith a nationally recognized overnight courier, provided that proof of receipt is received. Failure or delay in delivering copies of any notice, demand, request, approval, declaration, delivery or other communication to the Person designated above to receive a copy shall in no way adversely affect the effectiveness of such notice, demand, request, approval, declaration, delivery or other communication.
Appears in 1 contract
Notice Generally. Any notice, demand, request, consent, ---------------- approval, declaration, delivery or other communication hereunder to be made pursuant to the provisions of this Agreement shall be deemed sufficiently given or made if in writing and signed by the party making the same, and either delivered in person with receipt acknowledged or sent by registered or certified mail, return receipt requested, postage prepaid, or by facsimile transmission with confirmation receivedtelecopy and confirmed by telecopy answerback, addressed as follows:
(i) If addressed, if to any Holder, at its last known the address appearing of such Holder as set forth on the books of the Company maintained for such purposesignature pages hereto, which initially shall bewith copies to: Xxxxxx-XXXX FundingHY I INVESTMENTS, L.L.C. c/x Xxxxxx Equity Investors IV, L.P. 0000 Xxxxxxxxxxxx Xxxxxx, X.X.Two X. Xxxxxxxxx Xxxxx, Xxxxx 000 XxxxxxxxxxXxxxxxx, XX Xxxxxxxx 00000 AttentionAttn: Xxxxxxx X. Xxxxxxxx General Counsel Telephone: (000) 000-0000 Facsimile: (000) 000-0000 andand if to the Company, at American Commercial Lines Inc. 0000 Xxxx Xxxxxx Xxxxxx Xxxxxxxxxxxxxx, XX 00000 Attn: XxxxxxGeneral Counsel Telephone: (000) 000-XXXX Funding, L.L.C. c/o RCBA Strategic Partners, L.P. 000 Xxxxxxxxxx Xxxxxx, Suite 400 San Francisco, CA 94133 Attention: Xxxxxx X. Xxxxxx 0000 Facsimile: (000) 000-0000 with a copy With copies to: Xxxxxx & Xxxxxxx 0000 Xxxxxxxxxxxx Xxxxxx, X.X., Xxxx Xxxxx 0000 Xxxxxxxxxx, X.X. 00000-0000 Attention: Xxxx X. Xxxxx, Esq. Facsimile: (000) 000-0000
(ii) If to the Company, at EFTC Corporation 0000 Xxxxx Sidley Xxxxxx Xxxxx Xxxxx Xxxxxx, XX 00000 Attention: Chief Financial Officer Facsimile: (000) 000-0000 with a copy to: Holme Xxxxxxx & Xxxx LLP 1700 Lincoln, Suite 1400 Xxxxxx, XX 00000 Attention: Xxxxxxx X. Bank Xxx Xxxxx 00 Xxxxx Xxxxxxxx Xxxxxxx, Esq. Facsimile: (000) 000-0000 Xxxxxxxx 00000 or at such other address as may be substituted by notice given as herein provided. The giving of any notice required hereunder may be waived in writing by the party entitled to receive such notice. Every notice, demand, request, consent, approval, declaration, delivery or other communication hereunder shall be deemed to have been duly given or served on the date on which personally delivered, with receipt acknowledged, transmitted telecopied and confirmed by facsimile with confirmation of receipt telecopy answerback or one three (3) Business Day Days after the same shall have been sent deposited in the United States mail (by overnight delivery serviceregistered or certified mail, return receipt requested, postage prepaid), whichever is earlier.
Appears in 1 contract
Samples: Registration Rights Agreement (American Commercial Lines Inc.)
Notice Generally. Any noticeAll notices, demanddemands, request, consent, ---------------- approval, declaration, delivery communications and deliveries required or other communication hereunder to be made pursuant to the provisions of permitted by this Agreement shall be sufficiently made in writing signed by the party making the same, shall specify the Section of this Agreement pursuant to which it is given or being made and shall be deemed given or made (i) on the date delivered if delivered by telecopy or in writing person, (ii) on the third (3rd) Business Day after it is mailed if mailed by registered or certified mail (return receipt requested) (with postage and either delivered in person with receipt acknowledged other fees prepaid) or sent by or by facsimile transmission with confirmation received(iii) on the day after it is delivered, addressed prepaid, to an overnight express delivery service that confirms to the sender delivery on such day, as follows:
(i) If to any Holder, at its last known address appearing on the books of the Company maintained for such purpose.
(ii) If to Company, which initially shall beat: Xxxxxx-XXXX FundingExide Technologies 00000 Xxxxxxxxx Xxxxxxx, L.L.C. c/x Xxxxxx Equity Investors IV, L.P. 0000 Xxxxxxxxxxxx Xxxxxx, X.X., Xxxxx Xxxxxxxx 000 Xxxxxxxxxx, XX Xxxxxxx 00000 Attention: Xxxxxxx Xxxxxx X. Xxxxxxxx FacsimileXxxx Telecopy No.: (000) 000-0000 andWith copies to: Xxxxxx-XXXX FundingExide Technologies 00000 Xxxxxxxxx Xxxxxxx, L.L.C. c/o RCBA Strategic PartnersXxxxxxxx 000 Xxxxxxxxxx, L.P. 000 Xxxxxxxxxx Xxxxxx, Suite 400 San Francisco, CA 94133 Xxxxxxx 00000 Attention: Xxxxxx X. Xxxxxx FacsimileLaw Department Telecopy No.: (000) 000-0000 with a copy toand Xxxxxxxx & Xxxxx LLP 000 Xxxx Xxxxxxxx Xxxxx Chicago, IL 60601 Attention: Xxxxxx & Xxxxxxx 0000 Xxxxxxxxxxxx Xxxxxx, X.X., Xxxxx 0000 Xxxxxxxxxx, X.X. 00000-0000 Attention: Xxxx X. Xxxxx, Esq. Facsimile: (000) 000-0000
(ii) If to the Company, at EFTC Corporation 0000 Xxxxx Xxxxxx Xxxxx Xxxxx Xxxxxx, XX 00000 Attention: Chief Financial Officer Facsimile: (000) 000-0000 with a copy to: Holme Xxxxxxx & Xxxx LLP 1700 Lincoln, Suite 1400 Xxxxxx, XX 00000 Attention: Xxxxxxx X. Xxxxxxx, Esq. FacsimileP.C. Telecopy No.: (000) 000-0000 or at such other address as may be substituted by notice given as herein provided. The giving of any notice required hereunder may be waived in writing by the party entitled to receive such notice. Every notice, demand, request, consent, approval, declaration, delivery or other communication hereunder shall be deemed to have been duly given or served on the date on which personally delivered, with receipt acknowledged, transmitted telecopied and confirmed by facsimile with confirmation of receipt telecopy answerback or one three Business Day Days after the same shall have been sent by overnight delivery servicedeposited in the United States mail.
Appears in 1 contract
Notice Generally. Any notice, demand, request, consent, ---------------- approval, declaration, delivery or other communication hereunder to be made pursuant to the provisions of this Agreement Warrant shall be sufficiently given or made if in writing and either delivered in person with receipt acknowledged or sent by registered or certified mail, return receipt requested, postage prepaid, or by facsimile transmission with confirmation receivedtelecopy and confirmed by telecopy answerback, addressed as follows:
(ia) If to any HolderHolder or holder of Warrant Stock, at its last known address appearing on the books of the Company maintained for such purpose.
(b) If to Company, which initially shall beat: Xxxxxx-XXXX FundingBagcraft Corporation of America 0000 Xxxx 00xx Xxxxxx Xxxxxxx, L.L.C. c/x Xxxxxx Equity Investors IV, L.P. 0000 Xxxxxxxxxxxx Xxxxxx, X.X., Xxxxx 000 Xxxxxxxxxx, XX Xxxxxxxx 00000 Attention: Xxxxxxx X. Xxxxxxxx Facsimile: (000) 000-0000 and: Xxxxxx-XXXX FundingXxxx Xxxxxxxxxx, L.L.C. c/o RCBA Strategic Partners, L.P. 000 Xxxxxxxxxx Xxxxxx, Suite 400 San Francisco, CA 94133 Attention: Xxxxxx X. Xxxxxx FacsimileEsq. Telecopy Number: (000) 000-0000 with a copy to: Xxxxxx & Xxxxxxx 0000 Xxxxxxxxxxxx Xxxxxx, X.X., Xxxxx 0000 Xxxxxxxxxx, X.X. 00000-0000 Attention: Xxxx X. Xxxxx, Esq. Facsimile: (000) 000-0000
(ii) If to the Company, at EFTC Corporation 0000 Xxxxx Xxxxxx Xxxxx Xxxxx Xxxxxx, XX 00000 Attention: Chief Financial Officer Facsimile: (000) 000-0000 with a copy to: Holme Xxxxxxxxx & Xxxxx, Ltd. 000 Xxxxxxx & Xxxx LLP 1700 Lincoln, Suite 1400 XxxxxxXxxxxx Xxxxxxxxxx, XX 00000 Attention: Xxxxxxx X. Xxxxxxx, Esq. FacsimileTelecopy: (000) 000-0000 or at such other address as may be substituted by notice given as herein provided. The giving of any notice required hereunder may be waived in writing by the party entitled to receive such notice. Every notice, demand, request, consent, approval, declaration, delivery or other communication hereunder shall be deemed to have been duly given or served on the date on which personally delivered, with receipt acknowledged, transmitted telecopied and confirmed by facsimile with confirmation of receipt telecopy answerback, or one three (3) Business Day Days after the same shall have been sent by deposited in the United States mail, certified, or one (1) Business Day after the same has been deposited with a reputable overnight courier with instructions to deliver the same on the next Business Day. Failure or delay in delivering copies of any notice, demand, request, approval, declaration, delivery serviceor other communication to the person designated above to receive a copy shall in no way adversely affect the effectiveness of such notice, demand, request, approval, declaration, delivery or other communication.
Appears in 1 contract
Samples: Warrant Agreement (Artra Group Inc)
Notice Generally. Any notice, demand, request, consent, ---------------- approval, declaration, delivery or other communication hereunder to be made pursuant to the provisions of this Agreement shall be sufficiently given or made if in writing and either delivered in person with receipt acknowledged or by telecopy and confirmed by telecopy answerback, with an original copy of same to be sent by registered or by facsimile transmission with confirmation receivedcertified mail, return receipt requested, postage prepaid, addressed as follows:
(ia) If to any HolderHolder or holder of Certificate Shares, at its last known address appearing on the books of the Company maintained for such purpose. 50
(b) If to the Company at Crown Media Holdings, which initially shall be: Xxxxxx-XXXX Funding, L.L.C. c/x Inc. 0000 X. Xxxxxxxx Xxxxx Xxxxxx Equity Investors IV, L.P. 0000 Xxxxxxxxxxxx Xxxxxx, X.X., Xxxxx 000 XxxxxxxxxxXxxxxxxxx Xxxxxxx, XX 00000 AttentionAttn: Xxxxxxx X. Xxxxxxxx FacsimileXxxxxxxx, Esq. Fax: (000) 000-0000 with copies to: Hallmark Cards, Incorporated 2501 XxXxx, P.O. Box 419126 Mail Drop #339 Xxxxxx Xxxx, XX 00000 Attn: General Counsel Fax: (000) 000-0000 and: Xxxxxx-XXXX FundingWachtell, L.L.C. c/o RCBA Strategic Partners, L.P. 000 Xxxxxxxxxx Xxxxxx, Suite 400 San Francisco, CA 94133 Attention: Xxxxxx X. Xxxxxx Facsimile: (000) 000-0000 with a copy to: Xxxxxx & Xxxxxxx 0000 Xxxxxxxxxxxx Xxxxxx, X.X.Lipton, Xxxxx 0000 Xxxxxxxxxx& Xxxx 00 Xxxx 00xx Xxxxxx Xxx Xxxx, X.X. 00000-0000 AttentionXX 00000 Attn: Xxxx X. XxxxxXxxxxxxx, Esq. Facsimile: (000) 000-0000
(ii) If to the Company, at EFTC Corporation 0000 Xxxxx Xxxxxx Xxxxx Xxxxx Xxxxxx, XX 00000 Attention: Chief Financial Officer Facsimile: (000) 000-0000 with a copy to: Holme Xxxxxxx & Xxxx LLP 1700 Lincoln, Suite 1400 Xxxxxx, XX 00000 Attention: Xxxxxxx X. Xxxxxxx, Esq. FacsimileFax: (000) 000-0000 or at such other address as may be substituted by notice given as herein provided, and the Company shall notify the Administrative Agent of such other address. The Company shall deliver to the Administrative Agent any notice that the Company delivers pursuant to this Agreement. The giving of any notice required hereunder may be waived in writing by the party entitled to receive such notice. Every notice, demand, request, consent, approval, declaration, delivery or other communication hereunder shall be deemed to have been duly given or served on the date on which personally delivered, with receipt acknowledged, transmitted telecopied and confirmed by facsimile with confirmation of receipt telecopy answerback, or one three (3) consecutive Business Day Days immediately after the same shall have been sent by overnight deposited in the United States mail. Failure or delay in delivering copies of any notice, demand, request, approval, declaration, delivery serviceor other communication to the person designated above to receive a copy shall in no way adversely affect the effectiveness of such notice, demand, request, approval, declaration, delivery or other communication.
Appears in 1 contract
Samples: Contingent Appreciation Certificate Agreement (Crown Media Holdings Inc)
Notice Generally. Any notice, demand, request, consent, ---------------- approval, approval declaration, delivery or other communication hereunder to be made pursuant to the provisions of this Agreement shall be sufficiently given or made if in writing and either delivered in person with receipt acknowledged acknowledged, sent by overnight courier with receipt acknowledged, or facsimile transmission with receipt acknowledged, or sent by registered or by facsimile transmission with confirmation receivedcertified mail, return receipt requested, postage prepaid, addressed as follows:
(i) : If to any HolderActivision, at its last known address appearing on the books of the Company maintained for such purposeto: Activision, which initially shall beInc. 3100 Ocean Park Blvd. Santa Monica, Californix 00000 Xxxxxxxxx: Xxxxxx-XXXX FundingXxxxxxxxx xxx Xxxxx Xxxxxxxxx Xxficer If to id Software, L.L.C. c/x Xxxxxx Equity Investors IVto: Id Software, L.P. 0000 Xxxxxxxxxxxx XxxxxxInc. 18601 LBJ Freeway #615 Mesquite, X.X., Xxxxx 000 Xxxxxxxxxx, XX 00000 AttentionTexas 75150 Xxxxxxxxx: Xxxxxxx X. Xxxxxxxx Facsimile: (000) 000-0000 and: Xxxxxx-XXXX Funding, L.L.C. c/o RCBA Strategic Partners, L.P. 000 Xxxxxxxxxx Xxxxxx, Suite 400 San Francisco, CA 94133 Attention: Xxxxxx X. Xxxxxx Facsimile: (000) 000-0000 with a Xxxx Xxxxxxxxxxx Chief Executive Offxxxx With copy to: Xxxxxx D. Wade Cloud, Jr. Hiersche, Martens, Xxxxxrd, Drakeley & Urbach, P.C. 15303 Dallas Xxxxxxx 0000 Xxxxxxxxxxxx Suite 700, LB 10 Xxxxxx, X.X., Xxxxx 0000 Xxxxxxxxxx, X.X. 00000-0000 Attention: Xxxx X. Xxxxx, Esq. Facsimile: (000) 000-0000
(ii) If to the Company, at EFTC Corporation 0000 Xxxxx Xxxxxx Xxxxx Xxxxx Xxxxxx, XX 00000 Attention: Chief Financial Officer Facsimile: (000) 000-0000 with a copy to: Holme Xxxxxxx & Xxxx LLP 1700 Lincoln, Suite 1400 Xxxxxx, XX 00000 Attention: Xxxxxxx X. Xxxxxxx, Esq. Facsimile: (000) 000-0000 or at such other address as may be substituted by notice given xx xx xxxx xxxxx xxxxxxx xx xxx xx xxxxxxxxxxx xx xxxxxx xxven as herein provided. The giving of any notice required hereunder may be waived in writing by the party entitled to receive such notice. Every notice, demand, request, consent, approval, declaration, delivery or other communication hereunder shall be deemed to have been duly given or served on the date on which personally delivered, of personal delivery thereof (with receipt acknowledged), transmitted by facsimile with confirmation of or upon receipt or one Business Day after the same shall have been if sent by overnight courier or by mail. Failure or delay in delivering copies of any notice, demand, request, approval, declaration, delivery serviceor other communication to the person designated above to receive a copy shall in no way adversely affect the effectiveness of such notice, demand, request, approval, declaration, delivery or other communication.
Appears in 1 contract
Notice Generally. Any notice, demand, request, consent, ---------------- approval, declaration, delivery or other communication hereunder to be made pursuant to the provisions of this Agreement Warrant shall be sufficiently given or made if in writing and either delivered (i) in person with receipt acknowledged or sent by or acknowledged, (ii) by facsimile transmission transmission, with confirmation receivedreceipt electronically confirmed during normal business hours of recipient, and that is confirmed by sending, no later than one Business Day following such transmission, a copy of such facsimile, by registered or certified mail, return receipt requested, postage prepaid, or (iii) by registered or certified mail, return receipt requested, postage prepaid, addressed as follows:
(ia) If to any HolderHolder or holder of Warrant Stock, at its last known address or facsimile transmission number appearing on the books of the Company maintained for such purpose.
(b) If to the Company at: American Shared Hospital Services Four Embarcadero Center, which initially shall be: XxxxxxSuitx 0000 Xxx Xxxxxxxxx, Xxxxxxxxxx 00000-XXXX Funding, L.L.C. c/x Xxxxxx Equity Investors IV, L.P. 0000 Xxxxxxxxxxxx Xxxxxx, X.X., Xxxxx 000 Xxxxxxxxxx, XX 00000 0005 Attention: Xxxxxxx X. Xxxxxxxx Facsimile: Chief Executive Officer (000415) 000-0000 and: Xxxxxx-XXXX Funding, L.L.C. c/o RCBA Strategic Partners, L.P. 000 Xxxxxxxxxx Xxxxxx, Suite 400 San Francisco, CA 94133 Attention: Xxxxxx X. Xxxxxx Facsimile: (000) 000-0000 with a copy to: Xxxxxx & Xxxxxxx 0000 Xxxxxxxxxxxx Xxxxxx, X.X., Xxxxx 0000 Xxxxxxxxxx, X.X. 00000-0000 Attention: Xxxx X. Xxxxx, Esq. Facsimile: (000) 000-0000
(ii) If to the Company, at EFTC Corporation 0000 Xxxxx Xxxxxx Xxxxx Xxxxx Xxxxxx, XX 00000 Attention: Chief Financial Officer Facsimile: (000) 000-0000 with a copy to: Holme Xxxxxxx & Xxxx LLP 1700 Lincoln, Suite 1400 Xxxxxx, XX 00000 Attention: Xxxxxxx X. Xxxxxxx, Esq. Facsimile: (000) 000-0000 or xx at such other address as may be substituted by notice given as herein provided. The giving of any notice required hereunder may be waived in writing by the party entitled to receive such notice. Every notice, demand, request, consent, approval, approval declaration, delivery or other communication hereunder shall be deemed to have been duly given or served on the date on which personally delivered, with receipt acknowledged, transmitted acknowledged or sent by facsimile with confirmation receipt electronically confirmed during normal business hours of receipt recipient, or one three Business Day Days after the same shall have been sent by overnight deposited in the United States mail. Failure or delay in delivering copies of any notice, demand, request, approval, declaration, delivery serviceor other communication to the person designated above to receive a copy shall in no way adversely affect the effectiveness of such notice, demand, request, approval, declaration, delivery or other communication.
Appears in 1 contract
Samples: Common Stock Purchase Warrant (American Shared Hospital Services)
Notice Generally. Any notice, demand, request, consent, ---------------- approval, declaration, delivery or other communication hereunder to be made pursuant to the provisions of this Agreement shall be deemed sufficiently given or made if in writing and signed by the party making the same, and either delivered in person with receipt acknowledged or sent by registered or certified mail, return receipt requested, postage prepaid, or by facsimile transmission with confirmation receivedtelecopy and confirmed by telecopy answerback, addressed as follows:
(i) If : if to any Holder, at its last known the address appearing of such Holder as set forth on the books of the Company maintained for such purposeExhibit B hereto, which initially shall bewith copies to: Xxxxxx-XXXX Funding, L.L.C. c/x O’Melveny & Xxxxx LLP Times Square Tower 0 Xxxxx Xxxxxx Equity Investors IV, L.P. 0000 Xxxxxxxxxxxx Xxxxxx, X.X., Xxxxx 000 XxxxxxxxxxXxx Xxxx, XX 00000 AttentionAttn: Xxxxxxx X. Xxxxxxxx FacsimileXxxxx Xxxxxxxx, Esq. Telephone: (000) -000-0000 and: Xxxxxx-XXXX Funding, L.L.C. c/o RCBA Strategic Partners, L.P. 000 Xxxxxxxxxx Xxxxxx, Suite 400 San Francisco, CA 94133 Attention: Xxxxxx X. Xxxxxx Facsimile: (000) -000-0000 and if to Loral, at: Loral Space & Communications Inc. 000 Xxxxx Xxxxxx Xxx Xxxx, XX 00000 Attn: Chief Financial Officer Telephone: 000-000-0000 Facsimile: 000-000-0000 with a copy copies to: Xxxxxx Loral Space & Xxxxxxx 0000 Xxxxxxxxxxxx Xxxxxx, X.X., Xxxxx 0000 Xxxxxxxxxx, X.X. 00000-0000 Attention: Xxxx X. Xxxxx, Esq. Facsimile: (000) 000-0000
(ii) If to the Company, at EFTC Corporation 0000 Communications Inc. 000 Xxxxx Xxxxxx Xxxxx Xxxxx XxxxxxXxx Xxxx, XX 00000 AttentionAttn: Chief Financial Officer FacsimileGeneral Counsel Telephone: (000) -000-0000 with a copy to: Holme Xxxxxxx & Xxxx LLP 1700 Lincoln, Suite 1400 Xxxxxx, XX 00000 Attention: Xxxxxxx X. Xxxxxxx, Esq. Facsimile: (000) -000-0000 or at such other address as may be substituted by notice given as herein provided. The giving of any notice required hereunder may be waived in writing by the party entitled to receive such notice. Every notice, demand, request, consent, approval, declaration, delivery or other communication hereunder shall be deemed to have been duly given or served on the date on which personally delivered, with receipt acknowledged, transmitted telecopied and confirmed by facsimile with confirmation of receipt telecopy answerback or one three (3) Business Day Days after the same shall have been sent deposited in the United States mail (by overnight delivery serviceregistered or certified mail, return receipt requested, postage prepaid), whichever is earlier.
Appears in 1 contract
Samples: Registration Rights Agreement (Loral Space & Communications Inc.)
Notice Generally. Any notice, demand, request, consent, ---------------- approval, ---------------- declaration, delivery or other communication hereunder to be made pursuant to the provisions of this Agreement shall be sufficiently given or made if in writing and either delivered in person with receipt acknowledged acknowledged, delivered by reputable overnight courier, telecopied and confirmed separately in writing by a copy mailed as follows or sent by registered or by facsimile transmission with confirmation receivedcertified mail, return receipt requested, postage prepaid, addressed as follows:
(i) If to the Company at: Ramsay Health Care, Inc. Columbus Center Xxx Xxxxxxxx Xxxxx Xxxxx 000 Xxxxx Xxxxxx, Xxxxxxx 00000 Attn: President Telecopier No.: (000) 000-0000 With a copy to: Xxxxxx & Xxxxxx 000 Xxxx Xxxxxx Xxx Xxxx, Xxx Xxxx 00000 Attn: Xxxxxxx X. Cost, Esq. Telecopier No.: (000) 000-0000
(ii) If to Purchaser at: General Electric Capital Corporation 0000 Xxxxxxxxx Xxxx, X.X. Xxxxx 000 Xxxxxxx, Xxxxxxx 00000 Attn: Xxxxxx X. Xxxx Telecopier No.: (000) 000-0000 With copies to: General Electric Capital Corporation 000 Xxxx Xxxxx Xxxx Xxxxxxxx, Xxxxxxxxxxx 00000 Attn: Region Counsel - Commercial Finance Telecopier No.: (000) 000-0000 and Xxxx & Xxxxxxxx 000 Xxxxxxxxx Xxxxxx Xxxxxxx, Xxxxxxx 00000-0000 Attn: Xxxx Xxxx Xxxxxxx, Esq. Telecopier No.: (000) 000-0000
(iii) If to any Holder, other holder of Registrable Securities at its last known address appearing on the books of the Company maintained for such purpose, which initially shall be: Xxxxxx-XXXX Funding, L.L.C. c/x Xxxxxx Equity Investors IV, L.P. 0000 Xxxxxxxxxxxx Xxxxxx, X.X., Xxxxx 000 Xxxxxxxxxx, XX 00000 Attention: Xxxxxxx X. Xxxxxxxx Facsimile: (000) 000-0000 and: Xxxxxx-XXXX Funding, L.L.C. c/o RCBA Strategic Partners, L.P. 000 Xxxxxxxxxx Xxxxxx, Suite 400 San Francisco, CA 94133 Attention: Xxxxxx X. Xxxxxx Facsimile: (000) 000-0000 with a copy to: Xxxxxx & Xxxxxxx 0000 Xxxxxxxxxxxx Xxxxxx, X.X., Xxxxx 0000 Xxxxxxxxxx, X.X. 00000-0000 Attention: Xxxx X. Xxxxx, Esq. Facsimile: (000) 000-0000
(ii) If to the Company, at EFTC Corporation 0000 Xxxxx Xxxxxx Xxxxx Xxxxx Xxxxxx, XX 00000 Attention: Chief Financial Officer Facsimile: (000) 000-0000 with a copy to: Holme Xxxxxxx & Xxxx LLP 1700 Lincoln, Suite 1400 Xxxxxx, XX 00000 Attention: Xxxxxxx X. Xxxxxxx, Esq. Facsimile: (000) 000-0000 ; or at such other address as may be substituted by notice given as herein provided. The giving of any notice required hereunder may be waived in writing by the party entitled to receive such notice. Every notice, demand, request, consent, approval, declaration, delivery or other communication hereunder shall be deemed to have been duly given or served on the date on which personally delivered, with receipt acknowledged, transmitted on the date of delivery by facsimile with confirmation reputable overnight courier service, on the date of receipt telecopier transmission or one three (3) Business Day Days after the same shall have been sent by overnight deposited in the United States mail. Failure or delay in delivering copies of any notice, demand, request, approval, declaration, delivery serviceor other communication to the person designated above to receive a copy shall in no way adversely affect the effectiveness of such notice, demand, request, approval, declaration, delivery or other communication.
Appears in 1 contract
Samples: Registration Rights Agreement (Ramsay Health Care Inc)
Notice Generally. Any notice, demand, request, consent, ---------------- approval, declaration, delivery or other communication hereunder to be made pursuant to the provisions of this Agreement Warrant shall be sufficiently given or made if in writing and either delivered (i) in person with receipt acknowledged or sent by or acknowledged, (ii) by facsimile transmission transmission, with confirmation receivedreceipt electronically confirmed during normal business hours of recipient, and that is confirmed by sending, no later than one (1) Business Day following such transmission, a copy of such facsimile, by registered or certified mail, return receipt requested, postage prepaid, or (iii) by registered or certified mail, return receipt requested, postage prepaid, addressed as follows:
(ia) If to any HolderHolder or holder of Warrant Stock, at its last known address or facsimile transmission number appearing on the books of the Company maintained for such purpose, which initially shall be: Xxxxxx-XXXX Funding, L.L.C. c/x Xxxxxx Equity Investors IV, L.P. 0000 Xxxxxxxxxxxx Xxxxxx, X.X., Xxxxx 000 Xxxxxxxxxx, XX 00000 Attention: Xxxxxxx X. Xxxxxxxx Facsimile: (000) 000-0000 and: Xxxxxx-XXXX Funding, L.L.C. c/o RCBA Strategic Partners, L.P. 000 Xxxxxxxxxx Xxxxxx, Suite 400 San Francisco, CA 94133 Attention: Xxxxxx X. Xxxxxx Facsimile: (000) 000-0000 with a copy to: Xxxxxx & Xxxxxxx 0000 Xxxxxxxxxxxx Xxxxxx, X.X., Xxxxx 0000 Xxxxxxxxxx, X.X. 00000-0000 Attention: Xxxx X. Xxxxx, Esq. Facsimile: (000) 000-0000.
(iib) If to the CompanyCompany at Medical Imaging Centers of America, at EFTC Corporation Inc. 0000 Xxxxx Xxxxxx Xxxxx Xxxxx Xxxxxxx Xxxxxx, XX Xxxxx 000 Xxx Xxxxx, Xxxxxxxxxx 00000 Attention: Chief Financial Officer Facsimile: (000) 000-0000 with a copy to: Holme Xxxxxxx & Xxxx LLP 1700 Lincoln, Suite 1400 Xxxxxx, XX 00000 Attention: Xxxxxxx X. Xxxxxxx, Esq. Facsimile: (000) 000-0000 or at such other address as may be substituted by notice given as herein provided. The giving of any notice required hereunder may be waived in writing by the party entitled to receive such notice. Every notice, demand, request, consent, approval, approval declaration, delivery or other communication hereunder shall be deemed to have been duly given or served on the date on which personally delivered, with receipt acknowledged, transmitted acknowledged or sent by facsimile with confirmation receipt electronically confirmed during normal business hours of receipt recipient, or one three Business Day Days after the same shall have been sent by overnight deposited in the United States mail. Failure or delay in delivering copies of any notice, demand, request, approval, declaration, delivery serviceor other communication to the person designated above to receive a copy shall in no way adversely affect the effectiveness of such notice, demand, request, approval, declaration, delivery or other communication.
Appears in 1 contract
Samples: Common Stock Purchase Warrant (General Electric Co)
Notice Generally. Any notice, demand, request, consent, ---------------- approval, declaration, delivery or other communication hereunder to be made pursuant to the provisions of this Agreement shall be sufficiently given deemed served and received: (i) when delivered by hand to the recipient named below (or made when delivery is refused); (ii) on the date of delivery (or when delivery is refused) as confirmed by the agency or firm making delivery (or attempting to make delivery when delivery is refused) when the notice is delivered by private overnight courier service, such as Federal Express; (iii) on the date delivered (or the date delivery is refused) if in writing and either delivered in person with receipt acknowledged or sent via the United States Postal Service when sent by either registered or certified mail, postage and postal charges prepaid, return receipt requested; or (iv) if on a business day, on the date sent via telecopy, provided such delivery is confirmed (via a fax confirmation report). Notices shall be addressed by facsimile transmission with confirmation receivedname and address to the recipient, addressed as follows:
(i) If to any HolderExecutive, at its last known address appearing on the books of the Company maintained for such purposeXxxxx Xxxxxxxx 000 Xxxx 00xx Xxxxxx Xxxxxxxxx 00X Xxx Xxxx, which initially shall beXxx Xxxx 00000 Telecopier: Xxxxxx-XXXX Funding, L.L.C. c/x Xxxxxx Equity Investors IV, L.P. 0000 Xxxxxxxxxxxx Xxxxxx, X.X., Xxxxx 000 Xxxxxxxxxx, XX 00000 Attention: Xxxxxxx X. Xxxxxxxx Facsimile: (000) 000-0000 and: Xxxxxx-XXXX Funding, L.L.C. c/o RCBA Strategic Partners, L.P. 000 Xxxxxxxxxx Xxxxxx, Suite 400 San Francisco, CA 94133 Attention: Xxxxxx X. Xxxxxx Facsimile: (000) 000-0000 with a copy to: Xxxxxx Xxxxxxxxxxxx Xxxx & Xxxxxxx Xxxxxxxxx 0000 Xxxxxxxxxxxx XxxxxxXxxxx Xxxxx Xxxxxxx, X.X., Xxxxx 0000 Xxxxxxxxxx, X.X. 00000-0000 Xxxxxxxx 00000 Attention: Xxxx Xxxxx X. Xxxxx, Esq. FacsimileTelecopier: (000) -000-0000
(ii) If to the CompanyCompany at Barneys New York, at EFTC Corporation 0000 Inc. 000 Xxxxx Xxxxxx Xxxxx Xxxxx XxxxxxXxx Xxxx, XX Xxx Xxxx 00000 Attention: Chief Financial Officer FacsimileXxxx X. Xxxxxxxxx, Esq. Telecopier: (000) -000-0000 with With a copy to: Holme Xxxxxxx Weil, Gotshal & Xxxxxx LLP 000 Xxxxx Xxxxxx Xxx Xxxx, Xxx Xxxx LLP 1700 Lincoln, Suite 1400 Xxxxxx, XX 00000 Attention: Xxxxxxx Xxx X. Xxxxxxx, Esq. FacsimileTelecopier: (000) -000-0000 or at such other address as may be substituted by notice given as herein provided. The giving of any notice required hereunder may be waived in writing by the party entitled to receive such notice. Every notice, demand, request, consent, approval, declaration, delivery or other communication hereunder shall be deemed to have been duly given or served on the date on which personally delivered, with receipt acknowledged, transmitted telecopied and confirmed by facsimile with confirmation of receipt telecopy answerback or one five (5) Business Day Days after the same shall have been sent by overnight delivery servicedeposited in the United States mail.
Appears in 1 contract
Notice Generally. Any noticeAll notices, demanddemands, request, consent, ---------------- approval, declaration, delivery communications and deliveries required or other communication hereunder to be made pursuant to the provisions of permitted by this Agreement shall be sufficiently made in writing signed by the party making the same, shall specify the Section of this Agreement pursuant to which it is given or being made and shall be deemed given or made (i) on the date delivered if delivered by telecopy or in writing person, (ii) on the third (3rd) Business Day after it is mailed if mailed by registered or certified mail (return receipt requested) (with postage and either delivered in person with receipt acknowledged other fees prepaid) or sent by or by facsimile transmission with confirmation received(iii) on the day after it is delivered, addressed prepaid, to an overnight express delivery service that confirms to the sender delivery on such day, as follows:
(i) If to any Holder, at its last known address appearing on the books of the Company maintained for such purpose.
(ii) If to Company, which initially shall beat: Xxxxxx-XXXX Funding, L.L.C. c/x Xxxxxx Equity Investors IV, L.P. 0000 Xxxxxxxxxxxx Wxxxxxxxxxxx Coal Company 2 Xxxxx Xxxxxxx Xxxxxx, X.X.00xx Xxxxx Xxxxxxxx Xxxxxxx, Xxxxx 000 Xxxxxxxxxx, XX Xxxxxxxx 00000 Attention: Xxxxxxx X. Xxxxxxxx FacsimileGeneral Counsel Telecopy No.: (000) 000-0000 and: Xxxxxx-XXXX Funding, L.L.C. c/o RCBA Strategic Partners, L.P. 000 Xxxxxxxxxx Xxxxxx, Suite 400 San Francisco, CA 94133 Attention: Xxxxxx X. Xxxxxx Facsimile: (000) 000-0000 with With a copy to: WilmerHale 1000 Xxxxxxxxxxxx Xxxxxx & Xxxxxxx 0000 Xxxxxxxxxxxx Xxxxxx, X.X., Xxxxx 0000 XX Xxxxxxxxxx, X.X. 00000-0000 Attention: Xxxx X. Xxxxx, Esq. Facsimile: (000) 000-0000
(ii) If to the Company, at EFTC Corporation 0000 Xxxxx Xxxxxx Xxxxx Xxxxx Xxxxxx, XX 00000 Attention: Chief Financial Officer Facsimile: (000) 000-0000 with a copy to: Holme Mxxxxxx X. Xxxxxxx & Xxxx LLP 1700 Lincoln, Suite 1400 Xxxxxx, XX 00000 Attention: Xxxxxxx X. Xxxxxxx, Esq. FacsimileTelecopy No.: (000) 000-0000 or at such other address as may be substituted by notice given as herein provided. The giving of any notice required hereunder may be waived in writing by the party entitled to receive such notice. Every notice, demand, request, consent, approval, declaration, delivery or other communication hereunder shall be deemed to have been duly given or served on the date on which personally delivered, with receipt acknowledged, transmitted telecopied and confirmed by facsimile with confirmation of receipt telecopy answerback or one three Business Day Days after the same shall have been sent by overnight delivery servicedeposited in the United States mail.
Appears in 1 contract
Samples: Registration Rights Agreement (Westmoreland Coal Co)
Notice Generally. Any notice, demand, request, consent, ---------------- approval, declaration, delivery or other communication hereunder to be made pursuant to the provisions of this Agreement shall be sufficiently given or made if in writing and either delivered in person with receipt acknowledged or sent by registered or certified mail, return receipt requested, postage prepaid, or by facsimile transmission with confirmation receivedtelecopy and confirmed by telecopy answerback, addressed as follows:
(i) If if to any HolderABI, at its last known address appearing on the books of the Company maintained for such purposeAnheuser-Busch, which initially shall beIncorporated One Busch Plxxx St. Louis, Missoxxx 00000 Attention: XxxxxxVice President-XXXX FundingBusiness and Wholesaler System Development Telecopy Number: (314) 765-9167 with a copy to: Anheuser-Busch Companies, L.L.C. c/x Xxxxxx Equity Investors IVInc. One Busch Xxxxx St. Louis, L.P. 0000 Xxxxxxxxxxxx XxxxxxMissoxxx 00000 Attention: Vice President and General Counsel Telecopy Number: (314) 577-0776
(ii) if to Redhoxx, X.X.xx Redhook Ale Brewery, Incorporated 14300 NE 145th Street Woodinvillx, Xxxxxxxxxx 00000 Xxxxxxxxx: Xxxxxxxxx Telecopy Number: (425) 485-0761 with a copy to: Riddell Williams P.S. 1001 Fourtx Xxxxxe Xxxxx, Xxxxx 000 Xxxxxxxxxx4500 Xxxxxxx, XX 00000 AttentionXxxxxxxxx: Xxxxxxx Xxxxxxxx X. Xxxxxxxx FacsimileXxxx Telecopy Number: (000) 000-0000 and: Xxxxxx-XXXX Funding, L.L.C. c/o RCBA Strategic Partners, L.P. 000 Xxxxxxxxxx Xxxxxx, Suite 400 San Francisco, CA 94133 Attention: Xxxxxx X. Xxxxxx Facsimile: (000) 000-0000 with a copy to: Xxxxxx & Xxxxxxx 0000 Xxxxxxxxxxxx Xxxxxx, X.X., Xxxxx 0000 Xxxxxxxxxx, X.X. 00000-0000 Attention: Xxxx X. Xxxxx, Esq. Facsimile: (000) 000-0000
(ii) If to the Company, at EFTC Corporation 0000 Xxxxx Xxxxxx Xxxxx Xxxxx Xxxxxx, XX 00000 Attention: Chief Financial Officer Facsimile: (000) 000-0000 with a copy to: Holme Xxxxxxx & Xxxx LLP 1700 Lincoln, Suite 1400 Xxxxxx, XX 00000 Attention: Xxxxxxx X. Xxxxxxx, Esq. Facsimile: (000) 000-0000 0008 or at such other address as may be substituted by notice given xx xxxxxx xiven as herein provided. The giving of any notice required hereunder may be waived in writing by the party entitled to receive such notice. Every notice, demand, request, consent, approval, declaration, delivery or other communication hereunder shall be deemed to have been duly given or served on the date on which personally delivered, with receipt acknowledged, transmitted telecopied and confirmed by facsimile with confirmation of receipt telecopy answerback or one three Business Day Days after the same shall have been sent by overnight delivery servicedeposited in the United States mail.
Appears in 1 contract
Samples: Registration Rights Agreement (Redhook Ale Brewery Inc)
Notice Generally. Any notice, demand, request, consent, ---------------- approval, declaration, delivery or other communication hereunder to be made pursuant to the provisions of this Agreement shall be deemed sufficiently given or made if in writing and signed by the party making the same, and either delivered in person with receipt acknowledged or sent by registered or certified mail, return receipt requested, postage prepaid, or by facsimile transmission with confirmation receivedtelecopy and confirmed by telecopy answerback, addressed as follows:
(i) If : if to any HolderHolder or the Liberty Representative, at its last known address appearing on the books of the Company maintained for such purpose, which initially shall beat: Xxxxxx-XXXX Funding, L.L.C. c/x Xxxxxx Equity Investors IV, L.P. 0000 Xxxxxxxxxxxx Xxxxxx, X.X., Liberty Global Incorporated Limited Xxxxxxx Xxxxx 000 XxxxxxxxxxXxxxxxxxxxx Xxxx Xxxxxx X0 0XX Xxxxxx Xxxxxxx Attention: General Counsel, Legal Department Fax: +00 00 0000 0000 E-mail: Email Address Previously Provided with a copy to: Liberty Global, Inc. 00000 Xxxxxxx Xxxxxxxxx Xxxxxxxxx, XX 00000 Attention: Xxxxxxx X. Xxxxxxxx FacsimileGeneral Counsel, Legal Department Facsimile No.: (000) 000-0000 andE-mail: Xxxxxx-XXXX FundingEmail Address Previously Provided with copies to: Shearman & Sterling LLP 000 Xxxxxxxxx Xxxxxx Xxx Xxxx, L.L.C. c/o RCBA Strategic Partners, L.P. 000 Xxxxxxxxxx Xxxxxx, Suite 400 San Francisco, CA 94133 XX 00000 Attention: Xxxxxx X. Xxxxxx Xxxx Facsimile No.: (000) 000-0000 E-mail: xxxxx@xxxxxxxx.xxx and if to Lionsgate, at: Lions Gate Entertainment Corp. 0000 Xxxxxxxx Xxxxxx, Xxxxx 000 Xxxxx Xxxxxx, Xxxxxxxxxx 00000 Attn: General Counsel Telephone: (000) 000-0000 Facsimile: (000) 000-0000 with a copy copies to: Xxxxxx & Xxxxxxx 0000 Xxxxxxxxxxxx XxxxxxWachtell, X.X.Lipton, Xxxxx 0000 Xxxxxxxxxx, X.X. 00000-0000 Attention: & Xxxx 00 X. Xxxxx, Esq. Facsimile: (000) 000-0000
(ii) If to the Company, at EFTC Corporation 0000 Xxxxx 00xx Xxxxxx Xxxxx Xxxxx XxxxxxXxx Xxxx, XX 00000 AttentionAttn: Chief Financial Officer FacsimileXxxxx X. Xxxxxxx Telephone: (000) 000-0000 with a copy to: Holme Xxxxxxx & Xxxx LLP 1700 Lincoln, Suite 1400 Xxxxxx, XX 00000 Attention: Xxxxxxx X. Xxxxxxx, Esq. Facsimile: (000) 000-0000 or at such other address as may be substituted by notice given as herein provided. The giving of any notice required hereunder may be waived in writing by the party entitled to receive such notice. Every notice, demand, request, consent, approval, declaration, delivery or other communication hereunder shall be deemed to have been duly given or served and received on the date on which personally delivered, with receipt acknowledged, transmitted telecopied and confirmed by facsimile with confirmation of receipt telecopy answerback or one three (3) Business Day Days after the same shall have been sent deposited in the United States mail (by overnight delivery serviceregistered or certified mail, return receipt requested, postage prepaid), whichever is earlier. Each Holder as of the date hereof acknowledges and agrees that, as of the date hereof, it holds the number of Registrable Securities set forth next to its name on Schedule I attached hereto. Any member of the Liberty Group that desires to become an Additional Holder in accordance with the terms of this Agreement shall provide written notice to Lionsgate setting forth its address and the number of Registrable Securities held by such Person and agreeing to be bound by the terms hereof, and upon receipt of such notice Lionsgate shall amend Schedule I attached hereto to reflect such Additional Holder, its address and the number of Registrable Securities held thereby without any further action or consent required from the parties to this Agreement. From time to time and promptly following a written request by Lionsgate, each such Holder and Additional Holder shall provide written notice to Lionsgate of any increase or decrease in the number of Registrable Securities held by such Person, and upon receipt of any such notice, Lionsgate shall amend Schedule I attached hereto to reflect such increase or decrease in the number of Registrable Securities held by such Person without any further action or consent required from the parties to this Agreement; provided that if any such Holder or Additional Holder discloses such increase or decrease in the number of Registrable Securities held by such person in any filing made pursuant to Section 13 or 16 of the Exchange Act, such Holder or Additional Holder, as the case may be, shall be deemed to have provided notice to Lionsgate as provided in this sentence. Solely for purposes of this Agreement, in determining the number of Registrable Securities outstanding at any time and the Holders thereof, Lionsgate shall be entitled to rely conclusively on Schedule I attached hereto (as so amended in accordance with the terms of this Agreement to reflect all such written notices received by Lionsgate from time to time).
Appears in 1 contract
Samples: Registration Rights Agreement (Lions Gate Entertainment Corp /Cn/)
Notice Generally. Any notice, demand, request, consent, ---------------- approval, declaration, delivery or Except in the case of notices and other communication hereunder communications expressly permitted to be made pursuant to the provisions of this Agreement given by telephone (and except as provided in paragraph (b) below), all notices and other communications provided for herein shall be sufficiently given or made if in writing and either shall be delivered in person with receipt acknowledged by hand or overnight courier service, mailed by certified or registered mail or sent by or by facsimile transmission with confirmation received, addressed as follows:
(i) If if to any Holderthe Borrower, to it at its last known address appearing on the books of the Company maintained for such purpose, which initially shall be: Xxxxxx-XXXX Funding, L.L.C. c/x Xxxxxx Equity Investors IV, L.P. 0000 Xxxxxxxxxxxx 00xx Xxxxxx, X.X.Xxxxxxx, Xxxxx 000 XxxxxxxxxxXxxxxxxxx 00000, XX 00000 Attention: Xxxxxxx X. Xxxxxxxx Facsimile: Xxxxxxxxx, Vice President & Treasurer, (000) 000-0000 and: Xxxxxx-XXXX Funding, L.L.C. c/o RCBA Strategic Partners, L.P. 000 Xxxxxxxxxx Xxxxxx, Suite 400 San Francisco, CA 94133 Attention: Xxxxxx X. Xxxxxx Facsimile: (000) 000-0000 with a copy to: Xxxxxx & Xxxxxxx 0000 Xxxxxxxxxxxx Xxxxxx, X.X., Xxxxx 0000 Xxxxxxxxxx, X.X. 00000-0000 Attention: Xxxx X. Xxxxx, EsqFacsimile No. Facsimile: (000) 000-0000
(ii) If to the Company, at EFTC Corporation 0000 Xxxxx Xxxxxx Xxxxx Xxxxx Xxxxxx, XX 00000 Attention: Chief Financial Officer Facsimile: ; Telephone No. (000) 000-0000 with a copy to: Holme Xxxxxxx & Xxxx LLP 1700 Lincoln0000) and Xxxxx X. Xxxx, Suite 1400 XxxxxxGeneral Counsel, XX 00000 Attention: Xxxxxxx X. Xxxxxxx, Esq(Facsimile No. Facsimile: (000) 000-0000 or at such other address as may be substituted by notice given as herein provided0000; Telephone No. The giving (000) 000-0000) ;
(ii) if to the Agent, to JPMorgan Loan Services, JPMorgan Chase Bank, 00 Xxxxx Xxxxxxxx, 0xx Xxxxx, Xxxxxxx, XX 00000, Tel: 000-000-0000, Fax: 000-000-0000, email: xxx.xxxxxx.xxxxxxxxx.0@xxxxxxxx.xxx, Attention: Sabana Xxxxxxx, with a copy, in the case of any notice required hereunder may Notice of Borrowing or Notice of Competitive Bid Borrowing to be waived denominated in writing a Foreign Currency, to JPMorgan Europe Limited, 000 Xxxxxx Xxxx, Xxxxxx XX0X 0XX Tele no 00 000 000 0000 Fax no 00 000 000 0000 Attention Loan and Agency Manager; and
(iii) if to a Lender, to it at its address (or facsimile number) set forth in its Administrative Questionnaire. Notices sent by the party entitled to receive such notice. Every noticehand or overnight courier service, demandor mailed by certified or registered mail, request, consent, approval, declaration, delivery or other communication hereunder shall be deemed to have been duly given or served when received; notices sent by facsimile shall be deemed to have been given when sent (except that, if not given during normal business hours for the recipient, shall be deemed to have been given at the opening of business on the date on which personally deliverednext business day for the recipient). Notices delivered through electronic communications, with receipt acknowledgedto the extent provided in paragraph (b) below, transmitted by facsimile with confirmation of receipt or one Business Day after the same shall have been sent by overnight delivery servicebe effective as provided in said paragraph (b).
Appears in 1 contract
Notice Generally. Any notice, demand, request, consent, ---------------- approval, declaration, delivery or other communication hereunder to be made pursuant to the provisions of this Agreement shall will be sufficiently given or made if in writing and either (i) delivered in person with receipt acknowledged or personally, (ii) sent by telefacsimile, (iii) delivered by a nationally recognized overnight courier service, or (iv) sent by facsimile transmission with confirmation receivedregistered or certified mail, addressed postage prepaid, as follows:
(i1) If to any Holder, at its last known address appearing on the books of the Company maintained for such purpose, which initially shall be: Xxxxxx-XXXX Funding, L.L.C. c/x Xxxxxx Equity Investors IV, L.P. 0000 Xxxxxxxxxxxx Xxxxxx, X.X., Xxxxx 000 Xxxxxxxxxx, XX 00000 Attention: Xxxxxxx X. Xxxxxxxx Facsimile: (000) 000-0000 and: Xxxxxx-XXXX Funding, L.L.C. c/o RCBA Strategic Partners, L.P. 000 Xxxxxxxxxx Xxxxxx, Suite 400 San Francisco, CA 94133 Attention: Xxxxxx X. Xxxxxx Facsimile: (000) 000-0000 with a copy to: Xxxxxx & Xxxxxxx 0000 Xxxxxxxxxxxx Xxxxxx, X.X., Xxxxx 0000 Xxxxxxxxxx, X.X. 00000-0000 Attention: Xxxx X. Xxxxx, Esq. Facsimile: (000) 000-0000.
(ii2) If to the Company, at EFTC Corporation 0000 Xxxxx Xxxxxx Xxxxx Xxxxx XxxxxxNucentrix Broadband Networks, XX 00000 Inc. 200 Xxxxxxxx Xxxxx, Suite 200 Plano, Texas 75075 Attention: Chief Financial Officer FacsimileJ. Curtxx Xxxxxxxxx Telecopy Number: (000972) 000-0000 with With a copy to: Holme Xxxxxxx to Vinsxx & Xlkixx X.X.P. 3700 Tramxxxx Xxxx LLP 1700 LincolnXxxter 2001 Xxxx Xxxxxx Dallas, Suite 1400 Xxxxxx, XX 00000 Texas 75201-2975 Attention: Xxxxxxx Rodnxx X. Xxxxxxx, Esq. FacsimileXxxxx Telecopy Number: (000214) 000-0000 or at such other address as may be substituted by notice given as herein provided. The giving of any notice required hereunder may be waived in writing by the party entitled to receive such notice. Every Xxery notice, demand, request, consent, approval, declaration, delivery or other communication hereunder shall required or permitted under this Agreement that is addressed as provided in this Section 8(c) will (x) if delivered personally or by overnight courier service, be deemed given upon delivery; (y) if delivered by telefacsimile or similar facsimile transmission, be deemed given when electronically confirmed; and (z) if sent by registered or certified mail, be deemed given when received. Any party from time to time may change its address for the purpose of notices to that party by giving a similar notice specifying a new address, but no such notice will be deemed to have been duly given or served on until it is actually received by the date on which personally delivered, party sought to be charged with receipt acknowledged, transmitted by facsimile with confirmation of receipt or one Business Day after the same shall have been sent by overnight delivery servicecontents thereof.
Appears in 1 contract
Samples: Registration Rights Agreement (Nucentrix Broadband Networks Inc)
Notice Generally. Any notice, demand, request, consent, ---------------- approval, declaration, delivery or other communication hereunder to be made pursuant to the provisions of this Agreement Warrant shall be sufficiently given or made if in writing and either delivered (i) in person with receipt acknowledged or sent by or acknowledged, (ii) by facsimile transmission transmission, with confirmation receivedreceipt electronically confirmed during normal business hours of recipient, and that is confirmed by sending, no later than one (1) Business Day following such transmission, a copy of such facsimile, by registered or certified mail, return receipt requested, postage prepaid, or (iii) by registered or certified mail, return receipt requested, postage prepaid, addressed as follows:
(ia) If to any HolderHolder or holder of Warrant Stock, at its last known address or facsimile transmission number appearing on the books of the Company maintained for such purpose.
(b) If to the Company at Medical Imaging Centers of America, which initially shall be: Xxxxxx-XXXX FundingInc. 9444 Farnham Street, L.L.C. c/x Xxxxxx Equity Investors IVSuite 100 San Diego, L.P. 0000 Xxxxxxxxxxxx Xxxxxx, X.X., Xxxxx 000 Xxxxxxxxxx, XX 00000 Attention: Xxxxxxx X. Xxxxxxxx Facsimile: California 92000 (000) 000-0000 and: Xxxxxx-XXXX Funding, L.L.C. c/o RCBA Strategic Partners, L.P. 000 Xxxxxxxxxx Xxxxxx, Suite 400 San Francisco, CA 94133 Attention: Xxxxxx X. Xxxxxx Facsimile: (000) 000-0000 with a copy to: Xxxxxx & Xxxxxxx 0000 Xxxxxxxxxxxx Xxxxxx, X.X., Xxxxx 0000 Xxxxxxxxxx, X.X. 00000-0000 Attention: Xxxx X. Xxxxx, Esq. Facsimile: (000) 000-0000
(ii) If to the Company, at EFTC Corporation 0000 Xxxxx Xxxxxx Xxxxx Xxxxx Xxxxxx, XX 00000 Attention: Chief Financial Officer Facsimile: (000) 000-0000 with a copy to: Holme Xxxxxxx & Xxxx LLP 1700 Lincoln, Suite 1400 Xxxxxx, XX 00000 Attention: Xxxxxxx X. Xxxxxxx, Esq. Facsimile: (000) 000-0000 or at such other address as may be substituted xx xx xxxx xxxxx xxxxxxx xx xxx xx xxxstituted by notice given as herein xxxxx xx xxxxin provided. The giving of any notice required hereunder may be waived in writing by the party entitled to receive such notice. Every notice, demand, request, consent, approval, approval declaration, delivery or other communication hereunder shall be deemed to have been duly given or served on the date on which personally delivered, with receipt acknowledged, transmitted acknowledged or sent by facsimile with confirmation receipt electronically confirmed during normal business hours of receipt recipient, or one three (3) Business Day Days after the same shall have been sent by overnight deposited in the United States mail. Failure or delay in delivering copies of any notice, demand, request, approval, declaration, delivery serviceor other communication to the person designated above to receive a copy shall in no way adversely affect the effectiveness of such notice, demand, request, approval, declaration, delivery or other communication.
Appears in 1 contract
Samples: Common Stock Purchase Warrant (General Electric Co)
Notice Generally. Any notice, demand, request, consent, ---------------- approval, ---------------- declaration, delivery or other communication hereunder to be made pursuant to the provisions of this Agreement shall be sufficiently given or made if in writing and either (i) delivered in person with receipt acknowledged or acknowledged, (ii) sent by registered or certified mail, return receipt requested, postage prepaid, or (iii) by facsimile transmission with confirmation receivedtelecopy and confirmed by telecopy answer back, addressed as follows:
(ia) If to any HolderHolder or holder of Warrant Stock, at its last known address appearing on the books of the Company maintained by the Warrant Agent for such purpose, which initially shall be: Xxxxxx-XXXX Funding, L.L.C. c/x Xxxxxx Equity Investors IV, L.P. 0000 Xxxxxxxxxxxx Xxxxxx, X.X., Xxxxx 000 Xxxxxxxxxx, XX 00000 Attention: Xxxxxxx X. Xxxxxxxx Facsimile: (000) 000-0000 and: Xxxxxx-XXXX Funding, L.L.C. c/o RCBA Strategic Partners, L.P. 000 Xxxxxxxxxx Xxxxxx, Suite 400 San Francisco, CA 94133 Attention: Xxxxxx X. Xxxxxx Facsimile: (000) 000-0000 with a copy to: Xxxxxx & Xxxxxxx 0000 Xxxxxxxxxxxx Xxxxxx, X.X., Xxxxx 0000 Xxxxxxxxxx, X.X. 00000-0000 Attention: Xxxx X. Xxxxx, Esq. Facsimile: (000) 000-0000;
(iib) If to the Warrant Agent, at The Bank of New York, 000 Xxxxxxx Street, New York, New York 10286; Attn: Corporate Trust Administration; or
(c) If to the Company, at EFTC Corporation 0000 Xxxxx Xxxxxx Xxxxx Xxxxx XxxxxxXxxx Xxxxx, XX 00000 Attention: Chief Financial Officer Facsimile: (000) 000-0000 with a copy to: Holme Xxxxxxx & Xxxx LLP 1700 Lincoln, Suite 1400 Xxxxxx, XX 00000 Attention: Xxxxxxx X. Xxxxxxx, Esq. FacsimileXxxxxxxx 00000; Attn: (000) 000-0000 President; or at such other address as may be substituted by notice given as herein provided. The giving of any notice required hereunder may be waived in writing by the party entitled to receive such notice. Every notice, demand, request, consent, approval, declaration, delivery or other communication hereunder shall be deemed to have been duly given or served on the date on which personally delivered, with receipt acknowledged, transmitted telecopied and confirmed by facsimile with confirmation of receipt telecopy answerback, or one three Business Day Days after the same shall have been sent by overnight deposited in the United States mail. Failure or delay in delivering copies of any notice, demand, request, approval, declaration, delivery serviceor other communication to the person designated above to receive a copy shall in no way adversely affect the effectiveness of such notice, demand, request, approval, declaration, delivery or other communication.
Appears in 1 contract
Samples: Warrant Agreement (RBX Corp)
Notice Generally. Any notice, demand, request, consent, ---------------- approval, declaration, delivery or other communication hereunder to be made pursuant to the provisions of this Agreement shall be deemed sufficiently given or made if in writing and signed by the party making the same, and either delivered in person with receipt acknowledged or sent by registered or certified mail, return receipt requested, postage prepaid, or by facsimile transmission with confirmation receivedtelecopy and confirmed by telecopy answerback, addressed as follows:
(i) If : if to any HolderHolder or the AT&T Representative, at its last known address appearing on the books of the Company maintained for such purposeat: AT&T Media Holdings, which initially shall beInc. 2000 X. Xxxxxxxx Xxxxxxx Xx Xxxxxxx, XX 00000 Attn: Dxx Xxxx, Chief Content Officer with a copy to: AT&T Media Holdings, Inc. 2000 X. Xxxxxxxx Xxxxxxx Xx Xxxxxxx, XX 00000 Attn: Jxx Xxxx, General Counsel and if to Lionsgate, at: Lions Gate Entertainment Corp. 2000 Xxxxxxxx Xxxxxx-XXXX Funding, L.L.C. c/x Xxxxxx Equity Investors IV, L.P. 0000 Xxxxxxxxxxxx Xxxxxx, X.X., Xxxxx 000 XxxxxxxxxxXxxxx Xxxxxx, XX Xxxxxxxxxx 00000 AttentionAttn: Xxxxxxx X. Xxxxxxxx FacsimileGeneral Counsel Telephone: (000) 000-0000 and: Xxxxxx-XXXX Funding, L.L.C. c/o RCBA Strategic Partners, L.P. 000 Xxxxxxxxxx Xxxxxx, Suite 400 San Francisco, CA 94133 Attention: Xxxxxx X. Xxxxxx Facsimile: (000) 000-0000 with a copy copies to: Wachtell, Lipton, Rxxxx & Kxxx 50 X. 00xx Xxxxxx & Xxxxxxx 0000 Xxxxxxxxxxxx Xxxxxx, X.X., Xxxxx 0000 Xxxxxxxxxx, X.X. 00000-0000 Attention: Xxxx X. Xxxxx, Esq. Facsimile: (000) 000-0000
(ii) If to the Company, at EFTC Corporation 0000 Xxxxx Xxxxxx Xxxxx Xxxxx XxxxxxXxx Xxxx, XX 00000 AttentionAttn: Chief Financial Officer FacsimileDxxxx X. Xxxxxxx Gxxxxx X. Xxxxxx Telephone: (000) 000-0000 with a copy to: Holme Xxxxxxx & Xxxx LLP 1700 Lincoln, Suite 1400 Xxxxxx, XX 00000 Attention: Xxxxxxx X. Xxxxxxx, Esq. Facsimile: (000) 000-0000 or at such other address as may be substituted by notice given as herein provided. The giving of any notice required hereunder may be waived in writing by the party entitled to receive such notice. Every notice, demand, request, consent, approval, declaration, delivery or other communication hereunder shall be deemed to have been duly given or served and received on the date on which personally delivered, with receipt acknowledged, transmitted telecopied and confirmed by facsimile with confirmation of receipt telecopy answerback or one three (3) Business Day Days after the same shall have been sent deposited in the United States mail (by overnight delivery serviceregistered or certified mail, return receipt requested, postage prepaid), whichever is earlier. Each Holder as of the date hereof acknowledges and agrees that, as of the date hereof, it holds the number of Registrable Securities set forth next to its name on Schedule I attached hereto. Any member of the AT&T Group that desires to become an Additional Holder in accordance with the terms of this Agreement shall provide written notice to Lionsgate setting forth its address and the number of Registrable Securities held by such Person and agreeing to be bound by the terms hereof, and upon receipt of such notice Lionsgate shall amend Schedule I attached hereto to reflect such Additional Holder, its address and the number of Registrable Securities held thereby without any further action or consent required from the parties to this Agreement. From time to time and promptly following a written request by Lionsgate, each such Holder and Additional Holder shall provide written notice to Lionsgate of any increase or decrease in the number of Registrable Securities held by such Person, and upon receipt of any such notice, Lionsgate shall amend Schedule I attached hereto to reflect such increase or decrease in the number of Registrable Securities held by such Person without any further action or consent required from the parties to this Agreement; provided that if any such Holder or Additional Holder discloses such increase or decrease in the number of Registrable Securities held by such person in any filing made pursuant to Section 13 or 16 of the Exchange Act, such Holder or Additional Holder, as the case may be, shall be deemed to have provided notice to Lionsgate as provided in this sentence. Solely for purposes of this Agreement, in determining the number of Registrable Securities outstanding at any time and the Holders thereof, Lionsgate shall be entitled to rely conclusively on Schedule I attached hereto (as so amended in accordance with the terms of this Agreement to reflect all such written notices received by Lionsgate from time to time).
Appears in 1 contract
Samples: Registration Rights Agreement (Lions Gate Entertainment Corp /Cn/)
Notice Generally. Any notice, demand, request, consent, ---------------- approval, declaration, delivery or other communication hereunder to be made pursuant to the provisions of this Agreement Warrant shall be sufficiently given or made if in writing and either delivered in person with receipt acknowledged or sent by registered mail, return receipt requested, postage prepaid, or by sent to the facsimile transmission with confirmation receivednumber or email address, addressed as follows:
(i) i. If to Holder or any HolderHolder of Warrant Shares: Muzinich BDC, at its last known address appearing on the books of Inc. 400 Xxxx Xxxxxx, 00xx Xxxxx Xxx Xxxx, XX 00000, XXX Attention: Mxxxxxx X. Xxxxx Gxxx Xxxxx Email: UXXXXxxxxxxxx@xxxxxxxx.xxx with a copy to: Mxxxx & Vxx Xxxxx PLLC 100 X Xxxxx Xxxxxx, Suite 4700 Charlotte, NC 28202-4003 Attention: Txxx Xxxxxx Telephone No: 700.000.0000 Facsimile No: 704.378.2034
ii. If to the Company maintained for such purposeat: Wireless Telecom Group, which initially shall be: Xxxxxx-XXXX Funding, L.L.C. c/x Xxxxxx Equity Investors IV, L.P. 0000 Xxxxxxxxxxxx Xxxxxx, X.X., Xxxxx 000 Inc. 20 Xxxxxxxx Xxxx Xxxxxxxxxx, XX 00000 Attention: Xxxxxxx X. Xxxxxxxx FacsimileMxxxxxx Xxxxxxx, Chief Financial Officer Email: (000) 000-0000 and: Xxxxxx-XXXX Funding, L.L.C. c/o RCBA Strategic Partners, L.P. 000 Xxxxxxxxxx Xxxxxx, Suite 400 San Francisco, CA 94133 Attention: Xxxxxx X. Xxxxxx Facsimile: (000) 000-0000 mxxxxxxx@xxxxx.xxx with a copy to: Bxxxx Xxxx Lxxxxxxx Xxxxxxx LLP 1000 Xxxxxx & Xxxxxxx 0000 Xxxxxxxxxxxx Xxxxxx, X.X., Xxxxx 0000 Xxxxxxxxxx, X.X. 00000-0000 Attention: Xxxx X. Xxxxx, Esq. Facsimile: (000) 000-0000
(ii) If to the Company, at EFTC Corporation 0000 Xxxxx Xxxxxx Xxxxx Xxxxx Xxxxxxxx xxx Xxxxxxxx Xxx Xxxx, XX 00000 Attention: Chief Financial Officer FacsimileTxxx X. Xxxxxx Telephone No: (000) 000-0000 with a copy to200.000.0000 Email: Holme Xxxxxxx & Xxxx LLP 1700 Lincoln, Suite 1400 Xxxxxx, XX 00000 Attention: Xxxxxxx X. Xxxxxxx, Esq. Facsimile: (000) 000-0000 Txxx.Xxxxxx@xxxxxxx.xxx or at such other address as may be substituted by notice given as herein provided. The giving of any notice required hereunder may be waived in writing by the party entitled to receive such notice. Every notice, demand, request, consent, approval, declaration, delivery or other communication hereunder shall be deemed to have been duly given or served on (a) the date on which personally delivered, with receipt acknowledged, transmitted by facsimile with confirmation of receipt or one (b) three (3) Business Day Days after the same shall have been deposited in the United States mail as provided in this Section 16.2, or (c) on the day it was sent, if sent by overnight facsimile or email; provided, that, in each case, if delivery serviceis made on a day that is not a Business Day or after 6:00 p.m. Eastern Time on a Business Day, such notice will be deemed received by a party at 9:00 a.m. Eastern Time on the Business Day after such actions are taken. Failure or delay in delivering copies of any notice, demand, request, approval, declaration, delivery or other communication to the person designated above to receive a copy shall in no way adversely affect the effectiveness of such notice, demand, request, approval, declaration, delivery or other communication.
Appears in 1 contract
Notice Generally. Any notice, demand, request, consent, ---------------- approval, declaration, delivery or other communication hereunder to be made pursuant to the provisions of this Agreement shall be deemed sufficiently given or made if in writing and signed by the party making the same, and either delivered in person with receipt acknowledged or sent by registered or certified mail, return receipt requested, postage prepaid, or by facsimile transmission electronic mail (with confirmation receivedreceipt acknowledged), addressed as follows:
(ia) If if to any Holder, addressed to it at its last known the address appearing set forth next to such Xxxxxx’s name on the books of the Company maintained for such purpose, which initially shall be: Xxxxxx-XXXX Funding, L.L.C. c/x Xxxxxx Equity Investors IV, L.P. 0000 Xxxxxxxxxxxx Xxxxxx, X.X., Xxxxx 000 Xxxxxxxxxx, XX 00000 Attention: Xxxxxxx X. Xxxxxxxx Facsimile: (000) 000-0000 Schedule I attached hereto; and: Xxxxxx-XXXX Funding, L.L.C. c/o RCBA Strategic Partners, L.P. 000 Xxxxxxxxxx Xxxxxx, Suite 400 San Francisco, CA 94133 Attention: Xxxxxx X. Xxxxxx Facsimile: (000) 000-0000 with a copy to: Xxxxxx & Xxxxxxx 0000 Xxxxxxxxxxxx Xxxxxx, X.X., Xxxxx 0000 Xxxxxxxxxx, X.X. 00000-0000 Attention: Xxxx X. Xxxxx, Esq. Facsimile: (000) 000-0000
(iib) If and if to the Company, at EFTC Corporation 0000 Xxxxx at: Unity Software Inc. 00 0xx Xxxxxx Xxxxx Xxxxx XxxxxxXxx Xxxxxxxxx, XX 00000 AttentionAttn: Chief Financial Officer FacsimileXxxx Xx, Assistant Corporate Secretary Email: (000) 000-0000 xxxxx@xxxxx0x.xxx with a copy copies to: Holme Xxxxxxx Xxxxxxxx & Xxxx Xxxxxxxx LLP 1700 Lincoln, Suite 1400 Xxxxxx000 Xxxxxx Xxxxxx Xxx Xxxxxxxxx, XX 00000 AttentionAttn: Xxxx X. XxXxxxx Xxxxx Xxxxxxx X. Xxxxxxx, Esq. FacsimileEmail: (000) 000-0000 XXxXxxxx@xxxx.xxx xxxxxxxx@xxxx.xxx or at such other address as may be substituted by notice given as herein provided. The giving of any notice required hereunder may be waived in writing by the party entitled to receive such notice. Every notice, demand, request, consent, approval, declaration, delivery or other communication hereunder shall be deemed to have been duly given or served and received on the date on which personally delivered, with receipt acknowledged, transmitted by facsimile delivered via electronic mail, with confirmation of receipt acknowledged, or one three (3) Business Day Days after the same shall have been sent deposited in the United States mail (by overnight delivery serviceregistered or certified mail, return receipt requested, postage prepaid), whichever is earlier.
Appears in 1 contract
Samples: Registration Rights Agreement (Unity Software Inc.)
Notice Generally. Any notice, demand, request, consent, ---------------- approval, declaration, delivery or other communication hereunder to be made pursuant to the provisions of this Agreement shall specify the Section of this Agreement pursuant to which it is given or being made and shall be deemed sufficiently given or made if in writing and signed by the party making the same, and either delivered in person with receipt acknowledged or sent by registered or certified mail, return receipt requested, postage prepaid, or by facsimile transmission with confirmation receivedtelecopy and confirmed by telecopy answerback, addressed as follows:
(i) If addressed, if to any Holder, at its last known the address appearing of such Holder as set forth on the books of signature pages hereto; and if to the Company maintained for such purposeCompany, which initially shall be: at First Avenue Networks, Inc. 000 Xxxxx Xxxxxx-XXXX Funding, L.L.C. c/x Xxxxxx Equity Investors IV, L.P. 0000 Xxxxxxxxxxxx Xxxxxx, X.X., Xxxxx 000 XxxxxxxxxxXxxxxxxxxxxxxxx, XX 00000 AttentionAttn: Xxxxxxx X. Xxxxxxxx Xxxxxx Xxxxxx Xxxxxx Telephone: (000) 000-0000 Facsimile: (000) 000-0000 andWith copies to: Xxxxxx-XXXX Funding, L.L.C. c/o RCBA Strategic Partners, L.P. 000 Xxxxxxxxxx Ropes & Xxxx Xxx Xxxxxxxxxxxxx Xxxxx Xxxxxx, Suite 400 San FranciscoXxxxxxxxxxxxx 00000 Attn: Xxxx Xxxxxxxx, CA 94133 AttentionEsq. Telephone: Xxxxxx X. Xxxxxx (000) 000-0000 Facsimile: (000) 000-0000 with a copy to: – and – Xxxxxxx Xxxxx LLP 000 Xxxxxxxxx Xxxxxx & Xxxxxxx 0000 Xxxxxxxxxxxx XxxxxxXxx Xxxx, X.X., Xxxxx 0000 Xxxxxxxxxx, X.X. 00000-0000 AttentionXxx Xxxx 00000 Attn: Xxxx X. XxxxxXxxxxxxxxxx, Esq. Facsimile: (000) 000-0000
(ii) If to the CompanyXxxxxxx Xxxxxxxxx, at EFTC Corporation 0000 Xxxxx Xxxxxx Xxxxx Xxxxx Xxxxxx, XX 00000 Attention: Chief Financial Officer FacsimileEsq. Telephone: (000) 000-0000 with a copy to: Holme Xxxxxxx & Xxxx LLP 1700 Lincoln, Suite 1400 Xxxxxx, XX 00000 Attention: Xxxxxxx X. Xxxxxxx, Esq. Facsimile: (000) 000-0000 or at such other address as may be substituted by notice given as herein provided. The giving of any notice required hereunder may be waived in writing by the party entitled to receive such notice. Every notice, demand, request, consent, approval, declaration, delivery or other communication hereunder shall be deemed to have been duly given or served on the date on which personally delivered, with receipt acknowledged, transmitted telecopied and confirmed by facsimile with confirmation of receipt telecopy answerback or one three (3) Business Day Days after the same shall have been sent deposited in the United States mail (by overnight delivery serviceregistered or certified mail, return receipt requested, postage prepaid), whichever is earlier.
Appears in 1 contract
Samples: Registration Rights Agreement (First Avenue Networks Inc)
Notice Generally. Any notice, demand, request, consent, ---------------- approval, declaration, delivery or other communication hereunder to be made pursuant to the provisions of this Warrant Agreement shall be sufficiently given or made if in writing and either delivered in person with receipt acknowledged or sent by registered or certified mail, return receipt requested, postage prepaid or by facsimile transmission with confirmation receivedtelecopy and confirmed by telecopy answerback, addressed as follows:
(ia) If to any HolderHolder or holder of Warrant Stock, at its last known address appearing on the books warrant register of the Company maintained for such purpose.
(b) If to Company at CHI Energy, which initially shall be: Xxxxxx-XXXX FundingInc. 680 Washington Boulevard Stamford, L.L.C. c/x Xxxxxx Equity Investors IV, L.P. 0000 Xxxxxxxxxxxx Xxxxxx, X.X., Xxxxx 000 Xxxxxxxxxx, XX 00000 Attention: Xxxxxxx X. Xxxxxxxx Facsimile: (000) 000-0000 and: Xxxxxx-XXXX Funding, L.L.C. c/o RCBA Strategic Partners, L.P. 000 Xxxxxxxxxx Xxxxxx, Suite 400 San Francisco, CA 94133 AttentionConnecticut 06900 Xxxxxxxxx: Xxxxxx X. Xxxxxx FacsimileXxxxx, Xxxxxxxxx xxx Xxxxxxx Counsel Telexxxx Xxxxxx: (000203) 000425-0000 with a copy to: Xxxxxx & Xxxxxxx 0000 Xxxxxxxxxxxx Xxxxxx, X.X., Xxxxx 0000 Xxxxxxxxxx, X.X. 00000-0000 Attention: Xxxx X. Xxxxx, Esq. Facsimile: (000) 000-00008880
(iic) If to the CompanyWarrant Agent at Xxxxxxxar and Transfer Company 10 Commerce Drive Cranford, at EFTC Corporation 0000 Xxxxx Xxxxxx Xxxxx Xxxxx Xxxxxx, XX 00000 AttentionNew Jersey 07016-3572 Xxxxxxxxx: Chief Financial Officer FacsimileXxxx Xxxxxxxxx-Xxxxxxxx Xxxxxxxxxx Telecopy Number: (000908) 000497-0000 with a copy to: Holme Xxxxxxx & Xxxx LLP 1700 Lincoln, Suite 1400 Xxxxxx, XX 00000 Attention: Xxxxxxx X. Xxxxxxx, Esq. Facsimile: (000) 000-0000 2311 or at such other address as may be substituted by notice given as herein notxxx xxxxx xx xerein provided. The giving of any notice required hereunder may be waived in writing by the party entitled to receive such notice. Every notice, demand, request, consent, approval, declaration, delivery or other communication hereunder shall be deemed to have been duly given or served on the date on which personally delivered, with receipt acknowledged, transmitted telecopied and confirmed by facsimile with confirmation of receipt telecopy answerback or one three Business Day Days after the same shall have been sent by overnight deposited in the United States mail whichever is earlier. Failure or delay in delivering copies of any notice, demand, request, approval, declaration, delivery serviceor other communication to the Person designated above to receive a copy shall in no way adversely affect the effectiveness of such notice, demand, request, approval, declaration, delivery or other communication.
Appears in 1 contract
Samples: Warrant Agreement (Chi Energy Inc)
Notice Generally. Any notice, demand, request, consent, ---------------- approval, declaration, delivery or other communication hereunder to be made pursuant to the provisions of this Agreement shall will be sufficiently given or made if in writing and either (i) delivered in person with receipt acknowledged or personally, (ii) sent by telefacsimile, (iii) delivered by a nationally recognized overnight courier service, or (iv) sent by facsimile transmission with confirmation receivedregistered or certified mail, addressed postage prepaid, as follows:
(i1) If to any Holder, at its last known address appearing on the books of the Company maintained for such purpose. With a copy to Weil, which initially shall be: Xxxxxx-XXXX Funding, L.L.C. c/x Gotshal & Xxxxxx Equity Investors IV, L.P. LLP 000 Xxxxxxxx Xxxxx Xxxxx 0000 Xxxxxxxxxxxx Xxxxxx, X.X., Xxxxx 000 Xxxxxxxxxx, XX 00000 Attention: Xxxxxxx X. Xxxxxxxx Facsimile: (000) 000-0000 and: Xxxxxx-XXXX Funding, L.L.C. c/o RCBA Strategic Partners, L.P. 000 Xxxxxxxxxx Xxxxxx, Suite 400 San Francisco, CA 94133 Attention: Xxxxxx Xxxxx X. Xxxxxx Facsimile: (000) 000-0000 with a copy to: Xxxxxx & Xxxxxxx 0000 Xxxxxxxxxxxx Xxxxxx, X.X., Xxxxx 0000 Xxxxxxxxxx, X.X. 00000-0000 Attention: Xxxx X. Xxxxx, Esq. FacsimileTelecopy Number: (000) 000-0000
(ii2) If to the Company, at EFTC Corporation Integrated Orthopaedics, Inc. 0000 Xxxxxxxxxx, Xxxxx Xxxxxx 000 Xxxxxxx, Xxxxx Xxxxx Xxxxxx, XX 00000 Attention: Chief Financial Executive Officer FacsimileTelecopy Number: (000) 000-0000 with With a copy to: Holme to Xxxxxxx Xxxx & Xxxxxxxxx One Citicorp Center 000 Xxxx LLP 1700 Lincoln00xx Xxxxxx Xxx Xxxx, Suite 1400 Xxxxxx, XX Xxx Xxxx 00000 Attention: Xxxxxxx X. Xxxxxxx, Esq. FacsimileFacsimile No.: (000) 000-0000 or at such other address as may be substituted by notice given as herein provided. The giving of any notice required hereunder may be waived in writing by the party entitled to receive such notice. Attention: Xxxxx X. Xxxxx Every notice, demand, request, consent, approval, declaration, delivery or other communication hereunder shall required or permitted under this Agreement that is addressed as provided in this Section 11(b) will (x) if delivered personally or by overnight courier service, be deemed given upon delivery; (y) if delivered by telefacsimile or similar facsimile transmission, be deemed given when electronically confirmed; and (z) if sent by registered or certified mail, be deemed given when received. Any party from time to time may change its address for the purpose of notices to that party by giving a similar notice specifying a new address, but no such notice will be deemed to have been duly given or served on until it is actually received by the date on which personally delivered, party sought to be charged with receipt acknowledged, transmitted by facsimile with confirmation of receipt or one Business Day after the same shall have been sent by overnight delivery servicecontents thereof.
Appears in 1 contract
Samples: Registration Rights Agreement (Integrated Orthopedics Inc)
Notice Generally. Any notice, demand, request, consent, ---------------- approval, declaration, delivery or other communication hereunder to be made pursuant to the provisions of this Agreement Warrant shall be sufficiently given or made if in writing and either delivered in person with receipt acknowledged or sent by registered or certified mail, return receipt requested, postage prepaid or by facsimile transmission with confirmation receiveda nationally recognized overnight courier or by telecopy and confirmed by telecopy answerback, addressed as follows:
(ia) If to any the Holder, at its last known address appearing on the books of the Company maintained for such purpose, which initially shall be: Xxxxxx-XXXX Funding, L.L.C. c/x Xxxxxx Equity Investors IV, L.P. 0000 Xxxxxxxxxxxx Xxxxxx, X.X., Xxxxx 000 Xxxxxxxxxx, XX 00000 Attention: Xxxxxxx X. Xxxxxxxx Facsimile: (000) 000-0000 and: Xxxxxx-XXXX Funding, L.L.C. c/o RCBA Strategic Partners, L.P. 000 Xxxxxxxxxx Xxxxxx, Suite 400 San Francisco, CA 94133 Attention: Xxxxxx X. Xxxxxx Facsimile: (000) 000-0000 with a copy to: Xxxxxx & Xxxxxxx 0000 Xxxxxxxxxxxx Squire, LLP 000 Xxxx Xxxxxx, X.X.Xxxxx 000 Xxx Xxxx, Xxxxx 0000 XxxxxxxxxxXxx Xxxx, X.X. 00000-0000 Attention00000 Attn: Xxxx Xxxxxxx X. Xxxxx, Esq. Xxxxxx Facsimile: (000) 000-0000
(iib) If to the CompanyCompany at: 0000 Xxx Xxxxxxx Xxxxxxxxx Los Angeles, at EFTC Corporation 0000 Xxxxx California 90048 Attn: Xxxxxx Xxxxx Xxxxx X. Xxxxxx, XX 00000 Attention: Chief Financial Officer Facsimile: (000) 000-0000 with a copy to: Holme Xxxxxxx & Xxxx LLP 1700 Lincoln, Suite 1400 Xxxxxx, XX 00000 Attention: Xxxxxxx X. Xxxxxxx, Esq. Sr. Vice President, General Counsel and Secretary Facsimile: (000) 000-0000 or at such other address as may be substituted by notice given as herein provided. The giving of any notice required hereunder may be waived in writing by the party entitled to receive such notice. Every notice, demand, request, consent, approval, declaration, delivery or other communication hereunder shall be deemed to have been duly given or served (i) on the date on which personally delivered, with receipt acknowledged, transmitted (ii) on the date on which telecopied and confirmed by facsimile with confirmation written or telephonic acknowledgment, (iii) on the date set forth on the executed return receipt in the case of receipt registered or one Business Day certified mail or (iv) on the next business day after the same shall have been sent by deposited for overnight delivery servicewith a nationally recognized overnight courier, provided that proof of receipt is received. Failure or delay in delivering copies of any notice, demand, request, approval, declaration, delivery or other communication to the Person designated above to receive a copy shall in no way adversely affect the effectiveness of such notice, demand, request, approval, declaration, delivery or other communication.
Appears in 1 contract
Notice Generally. Any notice, demand, request, consent, ---------------- approval, declaration, delivery or other communication hereunder to be made pursuant to the provisions of this Agreement shall be deemed sufficiently given or made if in writing and signed by the party making the same, and either delivered in person with receipt acknowledged or sent by registered or certified mail, return receipt requested, postage prepaid, or by facsimile transmission with confirmation receivedtelecopy and confirmed by telecopy answerback, addressed as follows:
(i) If : if to any HolderHolder or the MHR Representative, at its last known address appearing on the books of the Company maintained for such purpose, which initially shall beat: Xxxxxx-XXXX Funding, L.L.C. c/x Xxxxxx Equity Investors IV, L.P. 0000 Xxxxxxxxxxxx MHR Fund Management LLC 00 Xxxx 00xx Xxxxxx, X.X., 00xx Xxxxx 000 XxxxxxxxxxXxx Xxxx, XX 00000 AttentionAttn: Xxxxxxx X. Xxxxxxxx FacsimileXxx Xxxxxxxxx Telephone: (000) 000-0000 and: Xxxxxx-XXXX Funding, L.L.C. c/o RCBA Strategic Partners, L.P. 000 Xxxxxxxxxx Xxxxxx, Suite 400 San Francisco, CA 94133 Attention: Xxxxxx X. Xxxxxx Facsimile: (000) 000-0000 with a copy copies to: O’Melveny & Xxxxx LLP Times Square Tower 0 Xxxxx Xxxxxx & Xxxxxxx 0000 Xxxxxxxxxxxx XxxxxxXxx Xxxx, X.X., XX 00000 Attn: Xxxxx 0000 Xxxxxxxxxx, X.X. 00000-0000 Attention: Xxxx X. XxxxxXxxxxxxx, Esq. Telephone: (000) 000-0000 Facsimile: (000) 000-0000
(ii) If 0000 and if to the CompanyLionsgate, at EFTC Corporation at: Lions Gate Entertainment Corp. 0000 Xxxxxxxx Xxxxxx, Xxxxx Xxxxxx Xxxxx 000 Xxxxx Xxxxxx, XX Xxxxxxxxxx 00000 AttentionAttn: Chief Financial Officer General Counsel Telephone: (000) 000-0000 Facsimile: (000) 000-0000 with a copy copies to: Holme Xxxxxxx Wachtell, Lipton, Xxxxx & Xxxx LLP 1700 Lincoln, Suite 1400 Xxxxxx00 X. 00xx Xxxxxx Xxx Xxxx, XX 00000 AttentionAttn: Xxxxxxx X. XxxxxxxXxxxx Xxxx, Esq. Jr. Telephone: (000) 000-0000 Facsimile: (000) 000-0000 or at such other address as may be substituted by notice given as herein provided. The giving of any notice required hereunder may be waived in writing by the party entitled to receive such notice. Every notice, demand, request, consent, approval, declaration, delivery or other communication hereunder shall be deemed to have been duly given or served and received on the date on which personally delivered, with receipt acknowledged, transmitted telecopied and confirmed by facsimile with confirmation of receipt telecopy answerback or one three (3) Business Day Days after the same shall have been sent deposited in the United States mail (by overnight delivery serviceregistered or certified mail, return receipt requested, postage prepaid), whichever is earlier. Each Holder as of the date hereof acknowledges and agrees that, as of the date hereof, it holds the number of Registrable Securities set forth next to its name on Schedule I attached hereto. Any member of the MHR Group that desires to become an Additional Holder in accordance with the terms of this Agreement shall provide written notice to Lionsgate setting forth its address and the number of Registrable Securities held by such Person and agreeing to be bound by the terms hereof, and upon receipt of such notice Lionsgate shall amend Schedule I attached hereto to reflect such Additional Holder, its address and the number of Registrable Securities held thereby without any further action or consent required from the parties to this Agreement. From time to time and promptly following a written request by Lionsgate, each such Holder and Additional Holder shall provide written notice to Lionsgate of any increase or decrease in the number of Registrable Securities held by such Person, and upon receipt of any such notice, Lionsgate shall amend Schedule I attached hereto to reflect such increase or decrease in the number of Registrable Securities held by such Person without any further action or consent required from the parties to this Agreement; provided that if any such Holder or Additional Holder discloses such increase or decrease in the number of Registrable Securities held by such person in any filing made pursuant to Section 13 or 16 of the Exchange Act, such Holder or Additional Holder, as the case may be, shall be deemed to have provided notice to Lionsgate as provided in this sentence. Solely for purposes of this Agreement, in determining the number of Registrable Securities outstanding at any time and the Holders thereof, Lionsgate shall be entitled to rely conclusively on Schedule I attached hereto (as so amended in accordance with the terms of this Agreement to reflect all such written notices received by Lionsgate from time to time).
Appears in 1 contract
Samples: Registration Rights Agreement (Lions Gate Entertainment Corp /Cn/)
Notice Generally. Any notice, demand, request, consent, ---------------- approval, declaration, delivery or other communication hereunder to be made pursuant to the provisions of this Agreement shall be deemed sufficiently given or made if in writing and signed by the party making the same, and either delivered in person with receipt acknowledged or sent by registered or certified mail, return receipt requested, postage prepaid, or by facsimile transmission with confirmation receivedtelecopy and confirmed by telecopy answerback, addressed as follows:
(i) If addressed, if to any Holder, at its last known the address appearing of such Holder as set forth on the books of the Company maintained for such purposesignature pages hereto, which initially shall bewith copies to Xxxxxxx Xxxxx LLP 000 Xxxxxxxxx Xxxxxx Xxx Xxxx, Xxx Xxxx 00000 Attn: XxxxxxXxxx X. Xxxxxxxxxxx, Esq. Xxxxxxx Xxxxxxxxx, Esq. Telephone: (000) 000-XXXX Funding, L.L.C. c/x Xxxxxx Equity Investors IV, L.P. 0000 Xxxxxxxxxxxx Xxxxxx, X.X., Xxxxx 000 Xxxxxxxxxx, XX 00000 Attention: Xxxxxxx X. Xxxxxxxx Facsimile: (000) 000-0000 andand if to the Company, at Leap Wireless International, Inc. 00000 Xxxxxxx Xxxxxx Xxxxx Xxx Xxxxx, XX 00000 Attn: XxxxxxGeneral Counsel Telephone: (000) 000-XXXX Funding, L.L.C. c/o RCBA Strategic Partners, L.P. 000 Xxxxxxxxxx Xxxxxx, Suite 400 San Francisco, CA 94133 Attention: Xxxxxx X. Xxxxxx 0000 Facsimile: (000) 000-0000 with a copy With copies to: Xxxxxx & Xxxxxxx 0000 Xxxxxxxxxxxx Xxxxxx, X.X.LLP 00000 Xxxx Xxxxx Xxxxx, Xxxxx 0000 Xxxxxxxxxx000 Xxx Xxxxx, X.X. 00000-0000 AttentionXX 00000 Attn: Xxxx X. XxxxxXxxxx Xxxxxxxx, Esq. Facsimile: (000) 000-0000
(ii) If to the Company, at EFTC Corporation 0000 Xxxxx Xxxxxx Xxxxx Xxxxx Xxxxxx, XX 00000 Attention: Chief Financial Officer FacsimileTelephone: (000) 000-0000 with a copy to: Holme Xxxxxxx & Xxxx LLP 1700 Lincoln, Suite 1400 Xxxxxx, XX 00000 Attention: Xxxxxxx X. Xxxxxxx, Esq. Facsimile: (000) 000-0000 or at such other address as may be substituted by notice given as herein provided. The giving of any notice required hereunder may be waived in writing by the party entitled to receive such notice. Every notice, demand, request, consent, approval, declaration, delivery or other communication hereunder shall be deemed to have been duly given or served on the date on which personally delivered, with receipt acknowledged, transmitted telecopied and confirmed by facsimile with confirmation of receipt telecopy answerback or one three (3) Business Day Days after the same shall have been sent deposited in the United States mail (by overnight delivery serviceregistered or certified mail, return receipt requested, postage prepaid), whichever is earlier.
Appears in 1 contract
Samples: Registration Rights Agreement (Leap Wireless International Inc)
Notice Generally. Any noticeAll notices, demanddemands, request, consent, ---------------- approval, declaration, delivery communications and deliveries required or other communication hereunder to be made pursuant to the provisions of permitted by this Agreement shall be sufficiently made in writing signed by the party making the same, shall specify the Section of this Agreement pursuant to which it is given or being made and shall be deemed given or made (i) on the date delivered if delivered by telecopy or in writing person, (ii) on the third (3rd) Business Day after it is mailed if mailed by registered or certified mail (return receipt requested) (with postage and either delivered in person with receipt acknowledged other fees prepaid) or sent by or by facsimile transmission with confirmation received(iii) on the day after it is delivered, addressed prepaid, to an overnight express delivery service that confirms to the sender delivery on such day, as follows:
(i) If to any Holder, at its last known address appearing on the books of the Company maintained for such purpose.
(ii) If to Company, which initially shall beat: Xxxxxx-XXXX FundingExide Technologies 10000 Xxxxxxxxx Xxxxxxx, L.L.C. c/x Xxxxxx Equity Investors IV, L.P. 0000 Xxxxxxxxxxxx Xxxxxx, X.X., Xxxxx Xxxxxxxx 000 Xxxxxxxxxx, XX Xxxxxxx 00000 Attention: Xxxxxxx Gxxxxx X. Xxxxxxxx FacsimileXxxx Telecopy No.: (000) 000-0000 andWith copies to: Xxxxxx-XXXX FundingExide Technologies 10000 Xxxxxxxxx Xxxxxxx, L.L.C. c/o RCBA Strategic PartnersXxxxxxxx 000 Xxxxxxxxxx, L.P. 000 Xxxxxxxxxx Xxxxxx, Suite 400 San Francisco, CA 94133 Xxxxxxx 00000 Attention: Xxxxxx X. Xxxxxx FacsimileLaw Department Telecopy No.: (000) 000-0000 with a copy to: Xxxxxx and Kxxxxxxx & Xxxxxxx 0000 Xxxxxxxxxxxx XxxxxxExxxx LLP 200 Xxxx Xxxxxxxx Xxxxx Chicago, X.X., Xxxxx 0000 Xxxxxxxxxx, X.X. 00000-0000 IL 60601 Attention: Xxxx X. Xxxxx, Esq. Facsimile: (000) 000-0000
(ii) If to the Company, at EFTC Corporation 0000 Xxxxx Xxxxxx Xxxxx Xxxxx Xxxxxx, XX 00000 Attention: Chief Financial Officer Facsimile: (000) 000-0000 with a copy to: Holme Xxxxxxx & Xxxx LLP 1700 Lincoln, Suite 1400 Xxxxxx, XX 00000 Attention: Xxxxxxx Cxxxxx X. Xxxxxxx, Esq. FacsimileP.C. Telecopy No.: (000) 000-0000 or at such other address as may be substituted by notice given as herein provided. The giving of any notice required hereunder may be waived in writing by the party entitled to receive such notice. Every notice, demand, request, consent, approval, declaration, delivery or other communication hereunder shall be deemed to have been duly given or served on the date on which personally delivered, with receipt acknowledged, transmitted telecopied and confirmed by facsimile with confirmation of receipt telecopy answerback or one three Business Day Days after the same shall have been sent by overnight delivery servicedeposited in the United States mail.
Appears in 1 contract
Notice Generally. Any notice, demand, request, consent, ---------------- approval, declaration, delivery or other communication hereunder to be made pursuant to the provisions of this Agreement shall specify the Section of this Agreement pursuant to which it is given or being made and shall be deemed sufficiently given or made if in writing and signed by the party making the same, and either delivered in person with receipt acknowledged or sent by registered or certified mail, return receipt requested, postage prepaid, or by facsimile transmission with confirmation receivedtelecopy and confirmed by telecopy answerback, addressed as follows:
(i) If addressed, if to any Holder, at its last known the address appearing of such Holder as set forth on the books of signature pages hereto; and if to the Company maintained for such purposeCompany, which initially shall be: at First Avenue Networks, Inc. 000 Xxxxx Xxxxxx-XXXX Funding, L.L.C. c/x Xxxxxx Equity Investors IV, L.P. 0000 Xxxxxxxxxxxx Xxxxxx, X.X., Xxxxx 000 XxxxxxxxxxXxxxxxxxxxxxxxx, XX 00000 AttentionAttn: Xxxxxxx X. Xxxxxxxx Xxxxxx Xxxxxx Xxxxxx Telephone: (000) 000-0000 Facsimile: (000) 000-0000 andWith copies to: Xxxxxx-XXXX Funding, L.L.C. c/o RCBA Strategic Partners, L.P. 000 Xxxxxxxxxx Ropes & Xxxx LLP Xxx Xxxxxxxxxxxxx Xxxxx Xxxxxx, Suite 400 San FranciscoXxxxxxxxxxxxx 00000 Attn: Xxxx Xxxxxxxx, CA 94133 AttentionEsq. Telephone: Xxxxxx X. Xxxxxx (000) 000-0000 Facsimile: (000) 000-0000 with a copy to: - and – Xxxxxxx Xxxxx LLP 000 Xxxxxxxxx Xxxxxx & Xxxxxxx 0000 Xxxxxxxxxxxx XxxxxxXxx Xxxx, X.X., Xxxxx 0000 Xxxxxxxxxx, X.X. 00000-0000 AttentionXxx Xxxx 00000 Attn: Xxxx X. XxxxxXxxxxxxxxxx, Esq. Facsimile: (000) 000-0000
(ii) If to the CompanyXxxxxxx Xxxxxxxxx, at EFTC Corporation 0000 Xxxxx Xxxxxx Xxxxx Xxxxx Xxxxxx, XX 00000 Attention: Chief Financial Officer FacsimileEsq. Telephone: (000) 000-0000 with a copy to: Holme Xxxxxxx & Xxxx LLP 1700 Lincoln, Suite 1400 Xxxxxx, XX 00000 Attention: Xxxxxxx X. Xxxxxxx, Esq. Facsimile: (000) 000-0000 or at such other address as may be substituted by notice given as herein provided. The giving of any notice required hereunder may be waived in writing by the party entitled to receive such notice. Every notice, demand, request, consent, approval, declaration, delivery or other communication hereunder shall be deemed to have been duly given or served on the date on which personally delivered, with receipt acknowledged, transmitted telecopied and confirmed by facsimile with confirmation of receipt telecopy answerback or one three (3) Business Day Days after the same shall have been sent deposited in the United States mail (by overnight delivery serviceregistered or certified mail, return receipt requested, postage prepaid), whichever is earlier.
Appears in 1 contract
Samples: Registration Rights Agreement (First Avenue Networks Inc)
Notice Generally. Any notice, demand, request, consent, ---------------- approval, declaration, delivery or other communication hereunder to be made pursuant to the provisions of this Warrant Agreement shall be sufficiently given or made if in writing and either (i) delivered in person with receipt acknowledged or acknowledged, (ii) sent by registered or certified mail, return receipt requested, postage prepaid, or (iii) by facsimile transmission with confirmation receivedtelecopy and confirmed by telecopy answer back, addressed as follows:
(ia) If to any HolderHolder or holder of Class B Warrant Stock, at its last known address appearing on the books of the Company maintained by the Warrant Agent for such purpose, which initially shall be: Xxxxxx-XXXX Funding, L.L.C. c/x Xxxxxx Equity Investors IV, L.P. 0000 Xxxxxxxxxxxx Xxxxxx, X.X., Xxxxx 000 Xxxxxxxxxx, XX 00000 Attention: Xxxxxxx X. Xxxxxxxx Facsimile: (000) 000-0000 and: Xxxxxx-XXXX Funding, L.L.C. c/o RCBA Strategic Partners, L.P. 000 Xxxxxxxxxx Xxxxxx, Suite 400 San Francisco, CA 94133 Attention: Xxxxxx X. Xxxxxx Facsimile: (000) 000-0000 with a copy to: Xxxxxx & Xxxxxxx 0000 Xxxxxxxxxxxx Xxxxxx, X.X., Xxxxx 0000 Xxxxxxxxxx, X.X. 00000-0000 Attention: Xxxx X. Xxxxx, Esq. Facsimile: (000) 000-0000;
(iib) If to the Warrant Agent, to Wachovia Bank, N.A., as Warrant Agent, Corporate Trust Group, Corporate Actions Department, 1525 West W.T. Harris Blvd., Bldg. 3C3, Charlotte, NC 28262-1153 (xxxxxxxxx xxxxxxx) 28288-1153 (first class mail); or
(c) If to the Company, at EFTC Corporation 0000 Xxxxx Xxxxxx Xxxxx Xxxxx Xxxxxx3445 Peachtree Road, XX 00000 Attention: Chief Financial Officer Facsimile: (000) 000-0000 with a copy to: Holme Xxxxxxx & Xxxx LLP 1700 LincolnN.E. - Suite 700, Suite 1400 XxxxxxAtlanta, XX 00000 AttentionGeorgia 30000, Xxxx: Xxxxxxx X. Xxxxxxx, Esq. Facsimile: (000) 000-0000 or at such other address as may be substituted ; xx xx xxxx xxxxx xxxxxxx xx xxx xx xxxxxxtuted by notice given as herein provided. The giving of any notice required hereunder may be waived in writing by the party entitled to receive such notice. Every notice, demand, request, consent, approval, declaration, delivery or other communication hereunder shall be deemed to have been duly given or served on the date on which personally delivered, with receipt acknowledged, transmitted telecopied and confirmed by facsimile with confirmation of receipt telecopy answerback, or one three (3) Business Day Days after the same shall have been sent by overnight deposited in the United States mail. Failure or delay in delivering copies of any notice, demand, request, approval, declaration, delivery serviceor other communication to the person designated above to receive a copy shall in no way adversely affect the effectiveness of such notice, demand, request, approval, declaration, delivery or other communication.
Appears in 1 contract
Samples: Warrant Agreement (Lodgian Inc)
Notice Generally. Any notice, demand, request, consent, ---------------- approval, declaration, delivery or other communication hereunder to be made pursuant to the provisions of this Agreement shall be deemed sufficiently given or made if in writing and signed by the party making the same, and either delivered in person with receipt acknowledged or sent by registered or certified mail, return receipt requested, postage prepaid, or by facsimile transmission with confirmation receivedtelecopy and confirmed by telecopy answerback, addressed as follows:
(i) If : if to any Holder, at its last known the address appearing of such Holder as set forth on the books of the Company maintained for such purposeExhibit B hereto, which initially shall bewith copies to: Xxxxxx-XXXX Funding, L.L.C. c/x Stroock & Stroock & Xxxxx LLP 000 Xxxxxx Equity Investors IV, L.P. 0000 Xxxxxxxxxxxx Xxxxxx, X.X., Xxxxx 000 XxxxxxxxxxXxxx Xxx Xxxx, XX 00000 AttentionAttn: Xxxxxxx X. Xxxxxxxx Xxxxx Xxxxxxxx, Esq. Telephone: (000) 000-0000 Facsimile: (000) 000-0000 andand if to Loral or Skynet, at: XxxxxxLoral Space & Communications Inc. 000 Xxxxx Xxxxxx Xxx Xxxx, XX 00000 Attn: Chief Financial Officer Telephone: 000-XXXX Funding, L.L.C. c/o RCBA Strategic Partners, L.P. 000 Xxxxxxxxxx Xxxxxx, Suite 400 San Francisco, CA 94133 Attention: Xxxxxx X. Xxxxxx 000-0000 Facsimile: (000) -000-0000 with a copy copies to: Xxxxxx Loral Space & Xxxxxxx 0000 Xxxxxxxxxxxx Xxxxxx, X.X., Xxxxx 0000 Xxxxxxxxxx, X.X. 00000-0000 Attention: Xxxx X. Xxxxx, Esq. Facsimile: (000) 000-0000
(ii) If to the Company, at EFTC Corporation 0000 Communications Inc. 000 Xxxxx Xxxxxx Xxxxx Xxxxx XxxxxxXxx Xxxx, XX 00000 AttentionAttn: Chief Financial Officer FacsimileGeneral Counsel Telephone: (000) -000-0000 with a copy to: Holme Xxxxxxx & Xxxx LLP 1700 Lincoln, Suite 1400 Xxxxxx, XX 00000 Attention: Xxxxxxx X. Xxxxxxx, Esq. Facsimile: (000) -000-0000 or at such other address as may be substituted by notice given as herein provided. The giving of any notice required hereunder may be waived in writing by the party entitled to receive such notice. Every notice, demand, request, consent, approval, declaration, delivery or other communication hereunder shall be deemed to have been duly given or served on the date on which personally delivered, with receipt acknowledged, transmitted telecopied and confirmed by facsimile with confirmation of receipt telecopy answerback or one three (3) Business Day Days after the same shall have been sent deposited in the United States mail (by overnight delivery serviceregistered or certified mail, return receipt requested, postage prepaid), whichever is earlier.
Appears in 1 contract
Samples: Registration Rights Agreement (Loral Space & Communications Inc.)
Notice Generally. Any notice, demand, request, consent, ---------------- approval, declaration, delivery or other communication hereunder to be made pursuant to the provisions of this Agreement shall be deemed sufficiently given or made if in writing and signed by the party making the same, and either delivered in person with receipt acknowledged or sent by registered or certified mail, return receipt requested, postage prepaid, or by facsimile transmission with confirmation receivedtelecopy and confirmed by telecopy answerback, addressed as follows:
(i) If addressed, if to any Holder, at its last known the address appearing of such Holder as set forth on the books of the Company maintained for such purposeSchedule I hereto, which initially shall bewith copies to O’Melveny & Xxxxx LLP Times Square Tower 0 Xxxxx Xxxxxx Xxx Xxxx, Xxx Xxxx 00000 Attn: XxxxxxXxxxx Xxxxxxxx Telephone: (000) 000-XXXX Funding, L.L.C. c/x Xxxxxx Equity Investors IV, L.P. 0000 Xxxxxxxxxxxx Xxxxxx, X.X., Xxxxx 000 Xxxxxxxxxx, XX 00000 Attention: Xxxxxxx X. Xxxxxxxx Facsimile: (000) 000-0000 andand if to the Company, at Leap Wireless International, Inc. 00000 Xxxxxxx Xxxxxx Xxxxx Xxx Xxxxx, XX 00000 Attn: XxxxxxGeneral Counsel Telephone: (000) 000-XXXX Funding, L.L.C. c/o RCBA Strategic Partners, L.P. 000 Xxxxxxxxxx Xxxxxx, Suite 400 San Francisco, CA 94133 Attention: Xxxxxx X. Xxxxxx 0000 Facsimile: (000) 000-0000 with a copy With copies to: Xxxxxx & Xxxxxxx 0000 Xxxxxxxxxxxx Xxxxxx, X.X.LLP 00000 Xxxx Xxxxx Xxxxx, Xxxxx 0000 Xxxxxxxxxx000 Xxx Xxxxx, X.X. 00000-0000 AttentionXX 00000 Attn: Xxxx X. XxxxxXxxxx Xxxxxxxx, Esq. Facsimile: (000) 000-0000
(ii) If to the Company, at EFTC Corporation 0000 Xxxxx Xxxxxx Xxxxx Xxxxx Xxxxxx, XX 00000 Attention: Chief Financial Officer FacsimileTelephone: (000) 000-0000 with a copy to: Holme Xxxxxxx & Xxxx LLP 1700 Lincoln, Suite 1400 Xxxxxx, XX 00000 Attention: Xxxxxxx X. Xxxxxxx, Esq. Facsimile: (000) 000-0000 or at such other address as may be substituted by notice given as herein provided. The giving of any notice required hereunder may be waived in writing by the party entitled to receive such notice. Every notice, demand, request, consent, approval, declaration, delivery or other communication hereunder shall be deemed to have been duly given or served on the date on which personally delivered, with receipt acknowledged, transmitted telecopied and confirmed by facsimile with confirmation of receipt telecopy answerback or one three (3) Business Day Days after the same shall have been sent deposited in the United States mail (by overnight delivery serviceregistered or certified mail, return receipt requested, postage prepaid), whichever is earlier. Each Holder as of the date hereof acknowledges and agrees that, as of the date hereof, it holds the number of Registrable Securities set forth next to its name on Schedule I attached hereto. Any Person that desires to become an Additional Holder pursuant to this Agreement shall provide written notice to the Company setting forth its address and the number of Registrable Securities held by such Person and agreeing to be bound by the terms hereof, and upon receipt of such notice the Company shall amend Schedule I attached hereto to reflect such Additional Holder, its address and the number of Registrable Securities held thereby without any further action or consent required from the parties to this Agreement. From time to time, each such Holder and Additional Holder shall provide written notice to the Company of any increase or decrease in the number of Registrable Securities held by such Person, and upon receipt of any such notice, the Company shall amend Schedule I attached hereto to reflect such increase or decrease in the number of Registrable Securities held by such Person without any further action or consent required from the parties to this Agreement; provided that if any such Holder or Additional Holder discloses such increase or decrease in the number of Registrable Securities held by such person in any filing made pursuant to Section 13 or 16 of the Exchange Act, such Holder or Additional Holder, as the case may be, shall be deemed to have provided notice to the Company as provided in this sentence. Solely for purposes of this Agreement, in determining the number of Registrable Securities outstanding at any time and the Holders thereof, the Company shall be entitled to rely conclusively on Schedule I attached hereto (as so amended in accordance with the terms of this Agreement to reflect all such written notices received by the Company from time to time).
Appears in 1 contract
Samples: Registration Rights Agreement (Leap Wireless International Inc)
Notice Generally. Any notice, demand, request, consent, ---------------- approval, declaration, delivery or other communication hereunder to be made pursuant to the provisions of this Agreement shall be sufficiently given or made if in writing and either delivered in person with receipt acknowledged or acknowledged, sent by registered or certified mail, return receipt requested, postage prepaid, by electronic mail, or by facsimile transmission with confirmation receivedconfirmed facsimile, addressed or delivered as follows:
(i) If to the Company, at X. Xxxxxxxxx’x Holdings, Inc. 0000 Xxxx Xxx Xxxxxx, Xxxxx 000 Xxxxxxxxx, Xxxxxxxxx 00000 Facsimile: (000) 000-0000 E-mail: xxxxxxx@XXxxxxxxxxx.xxx Attention: Chief Financial Officer with a copy (which shall not constitute notice) to: Bass, Xxxxx & Xxxx PLC 000 Xxxxx Xxxxxx Xxxxx, Xxxxx 0000 Xxxxxxxxx, Xxxxxxxxx 00000 Facsimile: (000) 000-0000 E-mail: XXxxxxx@xxxxxxxxx.xxx Attention: F. Xxxxxxxx Xxxxxx, Xx.
(ii) If to FNFV, at Fidelity National Financial Ventures, LLC 000 Xxxxxxxxx Xxxxxx Xxxxxxxxxxxx, Xxxxxxx 00000 Facsimile: (000) 000-0000 E-mail: XXxxxxxxx@xxx.xxx Attention: Corporate Secretary
(iii) If to Newport, at Newport Global Opportunities Fund AIV-A LP 00 Xxxxxxxx Xxxxxx Xxxxx 000 Xxx Xxxxxxxxx, XX 00000 Facsimile: (000) 000-0000 E-mail: xxxx@xxxxx.xxx Attention: Chief Financial Officer
(iv) If to any Other Holder, at its last known address appearing on the books of the Company maintained for such purpose, which initially shall be: Xxxxxx-XXXX Funding, L.L.C. c/x Xxxxxx Equity Investors IV, L.P. 0000 Xxxxxxxxxxxx Xxxxxx, X.X., Xxxxx 000 Xxxxxxxxxx, XX 00000 Attention: Xxxxxxx X. Xxxxxxxx Facsimile: (000) 000-0000 and: Xxxxxx-XXXX Funding, L.L.C. c/o RCBA Strategic Partners, L.P. 000 Xxxxxxxxxx Xxxxxx, Suite 400 San Francisco, CA 94133 Attention: Xxxxxx X. Xxxxxx Facsimile: (000) 000-0000 with a copy to: Xxxxxx & Xxxxxxx 0000 Xxxxxxxxxxxx Xxxxxx, X.X., Xxxxx 0000 Xxxxxxxxxx, X.X. 00000-0000 Attention: Xxxx X. Xxxxx, Esq. Facsimile: (000) 000-0000
(ii) If to the Company, at EFTC Corporation 0000 Xxxxx Xxxxxx Xxxxx Xxxxx Xxxxxx, XX 00000 Attention: Chief Financial Officer Facsimile: (000) 000-0000 with a copy to: Holme Xxxxxxx & Xxxx LLP 1700 Lincoln, Suite 1400 Xxxxxx, XX 00000 Attention: Xxxxxxx X. Xxxxxxx, Esq. Facsimile: (000) 000-0000 or at such other address as may be substituted by notice given as herein provided. The giving of any notice required hereunder may be waived in writing by the party entitled to receive such notice. Every notice, demand, request, consent, approval, declaration, delivery or other communication hereunder shall be deemed to have been duly given or served on the date on which personally delivered, with receipt acknowledged, transmitted on the date received, if delivered by electronic mail or facsimiled and confirmed by facsimile with confirmation of receipt receipt, or one three Business Day Days after the same shall have been sent by overnight delivery servicedeposited in the United States mail.
Appears in 1 contract
Samples: Registration Rights Agreement (J. Alexander's Holdings, Inc.)
Notice Generally. Any notice, demand, request, consent, ---------------- approval, declaration, delivery or other communication hereunder to be made pursuant to the provisions of this Agreement shall be deemed sufficiently given or made if in writing and signed by the party making the same, and either delivered in person with receipt acknowledged or sent by registered or certified mail, return receipt requested, postage prepaid, or by facsimile transmission with confirmation receivedtelecopy and confirmed by telecopy answerback, addressed as follows:
(i) If addressed, if to any Holder, at its last known the address appearing of such Holder as set forth on the books of the Company maintained for such purposeExhibit B hereto: with copies to: Stroock & Stroock & Xxxxx LLP 000 Xxxxxx Xxxx Xxx Xxxx, which initially shall beXxx Xxxx 00000 Attn: XxxxxxXxxxx Xxxxxxxx, Esq. Telephone: (000) 000-XXXX Funding, L.L.C. c/x Xxxxxx Equity Investors IV, L.P. 0000 Xxxxxxxxxxxx Xxxxxx, X.X., Xxxxx 000 Xxxxxxxxxx, XX 00000 Attention: Xxxxxxx X. Xxxxxxxx Facsimile: (000) 000-0000 andand if to New Loral or New Skynet, at: Xxxxxx-XXXX Funding, L.L.C. c/o RCBA Strategic Partners, L.P. Loral Space & Communications Inc. 000 Xxxxxxxxxx Xxxxxx, Suite 400 San Francisco, CA 94133 Attention: Xxxxxx X. Xxxxxx Facsimile: (000) 000-0000 with a copy to: Xxxxxx & Xxxxxxx 0000 Xxxxxxxxxxxx Xxxxxx, X.X., Xxxxx 0000 Xxxxxxxxxx, X.X. 00000-0000 Attention: Xxxx X. Xxxxx, Esq. Facsimile: (000) 000-0000
(ii) If to the Company, at EFTC Corporation 0000 Xxxxx Xxxxxx Xxxxx Xxxxx XxxxxxXxx Xxxx, XX 00000 AttentionAttn: Chief Financial Officer Telephone: Facsimile: (000) 000-0000 with a copy copies to: Holme Xxxxxxx Loral Space & Xxxx LLP 1700 Lincoln, Suite 1400 XxxxxxCommunications Inc. 000 Xxxxx Xxxxxx Xxx Xxxx, XX 00000 AttentionAttn: Xxxxxxx X. Xxxxxxx, Esq. General Counsel Telephone: Facsimile: (000) 000-0000 or at such other address as may be substituted by notice given as herein provided. The giving of any notice required hereunder may be waived in writing by the party entitled to receive such notice. Every notice, demand, request, consent, approval, declaration, delivery or other communication hereunder shall be deemed to have been duly given or served on the date on which personally delivered, with receipt acknowledged, transmitted telecopied and confirmed by facsimile with confirmation of receipt telecopy answerback or one three (3) Business Day Days after the same shall have been sent deposited in the United States mail (by overnight delivery serviceregistered or certified mail, return receipt requested, postage prepaid), whichever is earlier.
Appears in 1 contract
Samples: Registration Rights Agreement (Loral Space & Communications Inc.)
Notice Generally. Any notice, demand, request, consent, ---------------- approval, declaration, delivery or other communication hereunder to be made pursuant to the provisions of this Agreement shall be sufficiently given or made if in writing and either delivered in person with receipt acknowledged or sent by registered or certified mail, return receipt requested, postage prepaid, or by facsimile transmission with confirmation receivedtelecopy and confirmed by telecopy answerback, addressed as follows:
(i) If to any Holder, at its last known address appearing on the books of the Company maintained for such purpose.
(ii) If to Company, which initially shall be: Xxxxxx-XXXX Fundingat HomeFed Corporation 1903 Wright Place, L.L.C. c/x Xxxxxx Equity Investors IV, L.P. 0000 Xxxxxxxxxxxx Xxxxxx, X.X., Xxxxx 000 XxxxxxxxxxSuite 220 Carlsbad, XX 00000 Attention: Xxxxxxx X. Xxxxxxxx FacsimilePaul J. Borden Facsimile No.: (000760) 000-0000 and: Xxxxxx-XXXX Funding, L.L.C. c/o RCBA Strategic Partners, L.P. 000 Xxxxxxxxxx Xxxxxx, Suite 400 San Francisco, CA 94133 Attention: Xxxxxx X. Xxxxxx FacsimileTelephone No.: (000760) 000-0000 with a copy (which shall not constxxxxx xxxxxx) to: Xxxxxx & Xxxxxxx 0000 Xxxxxxxxxxxx XxxxxxPillsbury Winthrop LLP 11682 El Camino Road, X.X., Xxxxx 0000 Xxxxxxxxxx, X.X. 00000-0000 Attention: Xxxx X. Xxxxx, Esq. Facsimile: (000) 000-0000
(ii) If to the Company, at EFTC Corporation 0000 Xxxxx Xxxxxx Xxxxx Xxxxx XxxxxxSuite 200 San Dxxxx, XX 00000 AttentionXxxxxxxxx: Chief Financial Officer FacsimileX. Xxxxxxx Xxxxxxx Facsimile No.: (000858) 000-0000 with a copy to: Holme Xxxxxxx & Xxxx LLP 1700 Lincoln, Suite 1400 Xxxxxx, XX 00000 Attention: Xxxxxxx X. Xxxxxxx, Esq. FacsimileTelephone No.: (000858) 000-0000 or at such other address ax xxxx xxxxx xddress as may be substituted by notice given as herein provided. The giving of any notice required hereunder may be waived in writing by the party entitled to receive such notice. Every notice, demand, request, consent, approval, declaration, delivery or other communication hereunder shall be deemed to have been duly given or served on the date on which personally delivered, with receipt acknowledged, transmitted telecopied and confirmed by facsimile with confirmation of receipt telecopy answerback or one three (3) Business Day Days after the same shall have been sent by overnight delivery servicedeposited in the United States mail.
Appears in 1 contract
Notice Generally. Any noticeAll notices, demanddemands, request, consent, ---------------- approval, declaration, delivery communications and deliveries required or other communication hereunder to be made pursuant to the provisions of permitted by this Agreement shall be sufficiently made in writing signed by the party making the same, shall specify the Section of this Agreement pursuant to which it is given or being made and shall be deemed given or made (i) on the date delivered if delivered by telecopy or in writing person, (ii) on the third (3rd) Business Day after it is mailed if mailed by registered or certified mail (return receipt requested) (with postage and either delivered in person with receipt acknowledged other fees prepaid) or sent by or by facsimile transmission with confirmation received(iii) on the day after it is delivered, addressed prepaid, to an overnight express delivery service that confirms to the sender delivery on such day, as follows:
(i) If to any Holder, at its last known address appearing on the books of the Company maintained for such purpose.
(ii) If to Company, which initially shall beat: Xxxxxx-XXXX Funding, L.L.C. c/x Xxxxxx Equity Investors IV, L.P. 0000 Xxxxxxxxxxxx Wxxxxxxxxxxx Coal Company 2 Xxxxx Xxxxxxx Xxxxxx, X.X.00xx Xxxxx Xxxxxxxx Xxxxxxx, Xxxxx 000 Xxxxxxxx 00000 Attention: [Rxxxx Xxxxxxx] Telecopy No.: [(000) 000-0000] With a copy to: WilmerHale 1000 Xxxxxxxxxxxx Xxxxxx XX Xxxxxxxxxx, XX 00000 Attention: Mxxxxxx X. Xxxxxxx X. Xxxxxxxx Facsimile: (000) 000-0000 and: Xxxxxx-XXXX Funding, L.L.C. c/o RCBA Strategic Partners, L.P. 000 Xxxxxxxxxx Xxxxxx, Suite 400 San Francisco, CA 94133 Attention: Xxxxxx X. Xxxxxx Facsimile: (000) 000-0000 with a copy to: Xxxxxx & Xxxxxxx 0000 Xxxxxxxxxxxx Xxxxxx, X.X., Xxxxx 0000 Xxxxxxxxxx, X.X. 00000-0000 Attention: Xxxx X. Xxxxx, Esq. Facsimile: (000) 000-0000
(ii) If to the Company, at EFTC Corporation 0000 Xxxxx Xxxxxx Xxxxx Xxxxx Xxxxxx, XX 00000 Attention: Chief Financial Officer Facsimile: (000) 000-0000 with a copy to: Holme Xxxxxxx & Xxxx LLP 1700 Lincoln, Suite 1400 Xxxxxx, XX 00000 Attention: Xxxxxxx X. Xxxxxxx, Esq. FacsimileTelecopy No.: (000) 000-0000 or at such other address as may be substituted by notice given as herein provided. The giving of any notice required hereunder may be waived in writing by the party entitled to receive such notice. Every notice, demand, request, consent, approval, declaration, delivery or other communication hereunder shall be deemed to have been duly given or served on the date on which personally delivered, with receipt acknowledged, transmitted telecopied and confirmed by facsimile with confirmation of receipt telecopy answerback or one three Business Day Days after the same shall have been sent by overnight delivery servicedeposited in the United States mail.
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