Common use of Notice Generally Clause in Contracts

Notice Generally. Any notice, demand, request, consent, approval, declaration, delivery or other communication hereunder to be made pursuant to the provisions of this 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 a nationally recognized overnight courier or by telecopy and confirmed by telecopy answerback, addressed as follows: (a) If to the Holder, at its last known address appearing on the books of the Company maintained for such purpose: with a copy to: Xxxxxx & Xxxxxx, LLP 000 Xxxx Xxxxxx, Xxxxx 000 Xxx Xxxx, Xxx Xxxx, 00000 Attn: Xxxxxxx X. Xxxxxx Facsimile: (000) 000-0000 (b) If to the Company at: 0000 Xxx Xxxxxxx Xxxxxxxxx Los Angeles, California 90048 Attn: Xxxxxx X. Xxxxxx, 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, (ii) on the date on which telecopied and confirmed by written or telephonic acknowledgment, (iii) on the date set forth on the executed return receipt in the case of registered or certified mail or (iv) on the next business day after the same shall have been deposited for overnight delivery with 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 (Equity Marketing Inc)

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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 prepaid, or by a nationally recognized overnight courier or (iii) by telecopy and confirmed by telecopy answerbackanswer back, addressed as follows: (a) If to the Holderany Holder or holder of Class A Warrant Stock, at its last known address appearing on the books of the Company maintained by the Warrant Agent for such purpose: with a copy to: Xxxxxx & Xxxxxx, LLP 000 Xxxx Xxxxxx, Xxxxx 000 Xxx Xxxx, Xxx Xxxx, 00000 Attn: Xxxxxxx X. Xxxxxx Facsimile: (000) 000-0000; (b) If to the Company atWarrant 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 3445 Peachtree Road, N.E. - Suite 700, Atlanta, Georgia 30326, Axxx: 0000 Xxx Xxxxxxx Xxxxxxxxx Los Angeles, California 90048 Attn: Xxxxxx X. Xxxxxx, Esq. Sr. Vice President, General Counsel and Secretary Facsimile: (000) 000-0000 or at such other address as may be substituted Xxxxxxx; xx xx xxxx xxxxx xxxxxxx xx xxx xx xxxxxxxxxed 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, (ii) on the date on which telecopied and confirmed by written telecopy answerback, or telephonic acknowledgment, three (iii3) on the date set forth on the executed return receipt in the case of registered or certified mail or (iv) on the next business day Business Days after the same shall have been deposited for overnight delivery with a nationally recognized overnight courier, provided that proof of receipt is receivedin the United States mail. Failure or delay in delivering copies of any notice, demand, request, approval, declaration, delivery or other communication to the Person 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 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 a nationally recognized overnight courier prepaid, or by telecopy and confirmed by telecopy answerback, addressed as follows: (a) If to the Holderany Holder 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, at: Bagcraft Corporation of America 0000 Xxxx 00xx Xxxxxx Xxxxxxx, Xxxxxxxx 00000 Attention: Xxxx Xxxxxxxxxx, Esq. Telecopy Number: (000) 000-0000 with a copy to: Xxxxxx & X. Xxxxx Xxxxxx, LLP Xxxxxxxxx & Xxxxx, Ltd. 000 Xxxx XxxxxxXxxxxxx Xxxxxx Xxxxxxxxxx, Xxxxx 000 Xxx Xxxx, Xxx Xxxx, XX 00000 Attn: Xxxxxxx X. Xxxxxx Facsimile: (000) 000-0000 (b) If to the Company at: 0000 Xxx Xxxxxxx Xxxxxxxxx Los Angeles, California 90048 Attn: Xxxxxx X. Xxxxxx, Esq. Sr. Vice President, General Counsel and Secretary 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 (i) on the date on which personally delivered, with receipt acknowledged, (ii) on the date on which telecopied and confirmed by written telecopy answerback, or telephonic acknowledgment, three (iii3) on the date set forth on the executed return receipt in the case of registered or certified mail or (iv) on the next business day Business Days after the same shall have been deposited for overnight delivery in the United States mail, certified, or one (1) Business Day after the same has been deposited with a nationally recognized reputable overnight courier, provided that proof of receipt is receivedcourier 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 or other communication to the Person 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 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 a nationally recognized overnight courier prepaid, or by telecopy and confirmed by telecopy answerback, addressed as follows: (a) If to the Holderany Holder or holder of Warrant Stock, at its last known address appearing on the books of the Company maintained for such purpose: with a copy to: Xxxxxx & Xxxxxx, LLP 000 Xxxx Xxxxxx, Xxxxx 000 Xxx Xxxx, Xxx Xxxx, 00000 Attn: Xxxxxxx X. Xxxxxx Facsimile: (000) 000-0000. (b) If to the Company atat The FINOVA Group Inc. 4800 North Scottsdale Road Scottsdale, Arizona 85251-7623 Xxxxxxxxx: 0000 Xxx Xxxxxxx Xxxxxxxxx Los AngelesXxxxxxxx, California 90048 AttnXxxxxx Xxxx-Xxxxxxxxx, General Cxxxxxx xxx Xxxxxtary Facsimile No.: (480) 636-4949 with a copy (which shall not constitxxx xxxxxx) xx: Gibson, Dunn & Crutcher LLP 333 South Grand Avenue Lxx Xxxelxx, Calxxxxxxx 90071-3197 Xxxxxxxxx: Xxxxxx X. XxxxxxXxxxx, EsqXxx. Sr. Vice President, General Counsel and Secretary FacsimileXxxxxxxxx Xx.: (000213) 000229-0000 7520 or at such other address sxxx xxxxx xxxxxss as may be substituted by notice given as herein notixx xxxxx xx xxrein 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, (ii) on the date on which telecopied and confirmed by written telecopy answerback, or telephonic acknowledgment, three (iii3) on the date set forth on the executed return receipt in the case of registered or certified mail or (iv) on the next business day Business Days after the same shall have been deposited for overnight delivery with a nationally recognized overnight courier, provided that proof of receipt is receivedin the United States mail. Failure or delay in delivering copies of any notice, demand, request, approval, declaration, delivery or other communication to the Person 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 (Finova 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 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 a nationally recognized overnight courier or by telecopy and confirmed by telecopy answerback, addressed as follows: (a) If to the Holderany Holder or holder of Warrant Stock, at its last known address appearing on the books warrant register of the Company maintained for such purpose: with a copy to: Xxxxxx & Xxxxxx, LLP 000 Xxxx Xxxxxx, Xxxxx 000 Xxx Xxxx, Xxx Xxxx, 00000 Attn: Xxxxxxx X. Xxxxxx Facsimile: (000) 000-0000. (b) If to the Company atat JPS Textile Group, Inc. 555 Xxxxx Xxxxxxxxxxxx Xxxxx, Xxxxx 000 Xxxxxxxxxx, Xxxxx Xxxxxxxx 00000 Attention: 0000 Xxx Xxxxxxx Xxxxxxxxx Los Angeles, California 90048 Attn: Davix X. Xxxxxx X. Xxxxxx, Esq. Sr. Vice President, General Counsel and Secretary FacsimileTelecopy Number: (864) 000-0000 (c) If to the Warrant Agent at American Stock Transfer and Trust Company 40 Wxxx Xxxxxx Xxx Xxxx, Xxx Xxxx 00000 Attention: Shareholder Services Telecopy Number: (718) 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, 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, (ii) on the date on which telecopied and confirmed by written telecopy answerback or telephonic acknowledgment, (iii) on the date set forth on the executed return receipt in the case of registered or certified mail or (iv) on the next business day three Business Days after the same shall have been deposited for overnight delivery with a nationally recognized overnight courierin the United States mail, provided that proof of receipt whichever is receivedearlier. 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 Agreement (JPS Textile Group 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 Warrant 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, postage prepaid or on the date sent via telecopy, provided such delivery is confirmed (via a fax confirmation report). Notices shall be addressed by a nationally recognized overnight courier or by telecopy name and confirmed by telecopy answerbackaddress to the recipient, addressed as follows: (ai) If to the HolderExecutive, at its last known address appearing on the books of the Company maintained for such purposeAllen Questrom 200 East 69th Street Apartment 43A Xxx Xxxx, Xxx Xxxx 00000 Xxxxxxxxxx: 000-000-0000 with a copy to: Xxxxxx Sonnenschein Nath & XxxxxxRosenthal 8000 Seaxx Xxxxx Chicago, LLP 000 Xxxx XxxxxxIllinois 60600 Xxxxxxxxx: Xxxxx X. Xxxxx, Xxxxx 000 Xxx Xxxx, Xxx Xxxx, 00000 AttnXxx. Telecopier: Xxxxxxx X. Xxxxxx Facsimile: (000) 000312-800-0000 (bii) If to the Company atat Barneys New York, Inc. 575 Fifth Avenue New York, New York 10000 Xxxxxxxxx: 0000 Xxx Xxxxxxx Xxxxxxxxx Los AngelesXxxx X. Xxxxxxxxx, California 90048 AttnXxx. Telecopier: Xxxxxx X. Xxxxxx, Esq. Sr. Vice President, General Counsel and Secretary Facsimile: (000) 210-000-0000 or at With a copy to: Weil, Gotshal & Manges LLP 767 Fifth Avenue New York, New York 10000 Xxxxxxxxx: Xxx X. Xxxxxxx, Xxx. Telecopier: 212-300-0000 xx xx such other address as may be substituted by notice given as noxxxx xxxxx xs 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, (ii) on the date on which telecopied and confirmed by written telecopy answerback or telephonic acknowledgment, five (iii5) on the date set forth on the executed return receipt in the case of registered or certified mail or (iv) on the next business day Business Days after the same shall have been deposited for overnight delivery with 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 communicationUnited 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 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 prepaid, or by a nationally recognized overnight courier or (iii) by telecopy and confirmed by telecopy answerbackanswer back, addressed as follows: (a) If to the Holderany Holder 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: with a copy to: Xxxxxx & Xxxxxx, LLP 000 Xxxx Xxxxxx, Xxxxx 000 Xxx Xxxx, Xxx Xxxx, 00000 Attn: Xxxxxxx X. Xxxxxx Facsimile: (000) 000-0000; (b) If to the Company atWarrant 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 3445 Peachtree Road, N.E. - Suite 700, Atlanta, Georgia 30326, Axxx: 0000 Xxx Xxxxxxx Xxxxxxxxx Los Angeles, California 90048 Attn: Xxxxxx X. Xxxxxx, Esq. Sr. Vice President, General Counsel and Secretary Facsimile: (000) 000-0000 or at such other address as may be substituted Xxxxxxx; xx xx xxxx xxxxx xxxxxxx xx xxx xx xxxxxxxxxed 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, (ii) on the date on which telecopied and confirmed by written telecopy answerback, or telephonic acknowledgment, three (iii3) on the date set forth on the executed return receipt in the case of registered or certified mail or (iv) on the next business day Business Days after the same shall have been deposited for overnight delivery with a nationally recognized overnight courier, provided that proof of receipt is receivedin the United States mail. Failure or delay in delivering copies of any notice, demand, request, approval, declaration, delivery or other communication to the Person 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 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 a nationally recognized overnight courier prepaid, or by telecopy and confirmed by telecopy answerback, addressed as follows: (a) If to the Holderany Holder or holder of Warrant Stock, at its last known address appearing on the books of the Company maintained for such purpose: with a copy to: Xxxxxx & Xxxxxx, LLP 000 Xxxx Xxxxxx, Xxxxx 000 Xxx Xxxx, Xxx Xxxx, 00000 Attn: Xxxxxxx X. Xxxxxx Facsimile: (000) 000-0000. (b) If to the Company at: 0000 ViryaNet Limited 2 Willow Street Southborough, MA 01745 Xxxxxxxxx: Xxx Xxxxx, Xxxxx Xxxxxxxxx Xxxxxxx Xxxxxxxxx Los AngelesMeitar, California 90048 AttnLiquornik, Xxxa & Co. 16 Abba Hillel Silver Rd. Ramat Gan, 52506 Israel Attention: Xxxxxx X. XxxxxxDan Geva, EsqAdv. Sr. Vice PresidentIf to the Holder at: GE Capital Equity Investments, General Counsel and Secretary Inc. 120 Long Ridge Road Stamford, CT 06927 Xxxxxxxxx: Xxxxxxx Xxxxxxx Facsimile: (000203) 000357-0000 or at such other 3047 with a copy to: Xxxxxxxxn & Burling 1330 Avenue of the Americas New York, New York 10000 Xxxxxxxxx: Xxxxx X. Xxxxxxx. Xxx. Facsimile: (212) 841-1010 xx xx xxxx xxxer address as may be substituted by notice given as herein noticx xxxxx xx xxxein 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, (ii) on the date on which telecopied and confirmed by written telecopy answerback, or telephonic acknowledgment, (iii) on the date set forth on the executed return receipt in the case of registered or certified mail or (iv) on the next business day three Business Days after the same shall have been deposited for overnight delivery with a nationally recognized overnight courier, provided that proof of receipt is receivedin the United States mail. Failure or delay in delivering copies of any notice, demand, request, approval, declaration, delivery or other communication to the Person 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 (Ge Capital Equity Investments 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 prepaid, or by a nationally recognized overnight courier or (iii) by telecopy and confirmed by telecopy answerbackanswer back, addressed as follows: (a) If to the Holderany Holder 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: with a copy to: Xxxxxx & Xxxxxx, LLP 000 Xxxx Xxxxxx, Xxxxx 000 Xxx Xxxx, Xxx Xxxx, 00000 Attn: Xxxxxxx X. Xxxxxx Facsimile: (000) 000-0000; (b) If to the Company at: 0000 Xxx Warrant Agent, at The Bank of New York, 000 Xxxxxxx Xxxxxxxxx Los AngelesStreet, California 90048 New York, New York 10286; Attn: Corporate Trust Administration; or (c) If to the Company, at 0000 Xxxxxx X. XxxxxxXxxx Xxxxx, Esq. Sr. Vice Xxxxxxx, Xxxxxxxx 00000; Attn: 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, (ii) on the date on which telecopied and confirmed by written telecopy answerback, or telephonic acknowledgment, (iii) on the date set forth on the executed return receipt in the case of registered or certified mail or (iv) on the next business day three Business Days after the same shall have been deposited for overnight delivery with a nationally recognized overnight courier, provided that proof of receipt is receivedin the United States mail. Failure or delay in delivering copies of any notice, demand, request, approval, declaration, delivery or other communication to the Person 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 Warrant shall be sufficiently Warrxxx xxxxx xx xxxficiently given or made if in writing and either delivered (i) in person (including via courier, messenger or overnight delivery service) with receipt acknowledged or sent acknowledged, (ii) by facsimile transmission, with receipt 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 prepaid, or (iii) by a nationally recognized overnight courier registered or by telecopy and confirmed by telecopy answerbackcertified mail, return receipt requested, postage prepaid, addressed as follows: (a) If to the Holderany Holder 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 for GE Capital Corporation initially shall be: with a copy to: General Electric Capital Corporation 190 X. XxXxxxx Xxxxxx & XxxxxxSuite 1200 Chicago, LLP 000 Xxxx Xxxxxx, Xxxxx 000 Xxx Xxxx, Xxx Xxxx, 00000 IL 60603 Attn: Xxxxxxx X. Xxxxxx Facsimile: (000) 000-0000Vice President Operations (b) If to the Company at: 0000 Xxx Xxxxxxx at Specialty Equipment Companies, Inc. 1245 Xxxxxxxxx Los AngelesXxxx., California 90048 Attn: Xxxxxx X. Xxxxx 000, Xxxxxx, Esq. Sr. Vice President, General Counsel and Secretary FacsimileXxxxxxxx 00000 Attention: (000) 000-0000 Chief Executive Officer 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, (ii) on the date on which telecopied and acknowledged or sent by facsimile with receipt electronically confirmed by written or telephonic acknowledgment, (iii) on the date set forth on the executed return receipt in the case during normal business hours of registered or certified mail or (iv) on the next business day after the same shall have been deposited for overnight delivery with a nationally recognized overnight courier, provided that proof of receipt is receivedrecipient. Failure or delay in delivering copies of any notice, demand, request, approval, declaration, delivery or other communication to the Person any 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 (Specialty Equipment Companies 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 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 a nationally recognized overnight courier prepaid, or by telecopy and confirmed by telecopy answerback, addressed as follows: (a) If to the Holderany Holder 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, at: Bagcraft Corporation of America 0000 Xxxx 00xx Xxxxxx Xxxxxxx, Xxxxxxxx 00000 Attention: Xxxx Xxxxxxxxxx, Esq. Telecopy Number: (000) 000-0000 with a copy to: Xxxxxx & X. Xxxxx Xxxxxx, LLP Xxxxxxxxx & Xxxxx, Ltd. 000 Xxxx XxxxxxXxxxxxx Xxxxxx Xxxxxxxxxx, Xxxxx 000 Xxx Xxxx, Xxx Xxxx, XX 00000 Attn: Xxxxxxx X. Xxxxxx Facsimile: (000) 000-0000 (b) If to the Company at: 0000 Xxx Xxxxxxx Xxxxxxxxx Los Angeles, California 90048 Attn: Xxxxxx X. Xxxxxx, Esq. Sr. Vice President, General Counsel and Secretary 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 (i) on the date on which personally delivered, with receipt acknowledged, (ii) on the date on which telecopied and confirmed by written telecopy answerback, or telephonic acknowledgment, three (iii3) on the date set forth on the executed return receipt in the case of registered or certified mail or (iv) on the next business day Business Days after the same shall have been deposited for overnight delivery in the United States mail, certified, or one (1) Business Day after the same has been deposited with a nationally recognized reputable overnight courier, provided that proof of receipt is receivedcourier 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 or other communication to the Person 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 Warrant Agreement shall be sufficiently given or made if in writing and either delivered in person with receipt acknowledged acknowledged, sent by facsimile transmission to the facsimile number set forth below as set forth below, sent by overnight courier with receipt acknowledged, or sent by registered or certified mail, return receipt requested, postage prepaid or by a nationally recognized overnight courier or by telecopy and confirmed by telecopy answerbackprepaid, addressed as follows: (a) : If to the HolderNoteholder, at its last known to: The name and address appearing of the Noteholder indicated on the books of signature page to the Company maintained for such purpose: with a copy Subscription Agreement. If to the Company, to: Xxxxxx & XxxxxxErgovision, LLP 000 Xxxx XxxxxxInc. Xxx Xxxxxxxxx Xxxxx Plainview, Xxxxx 000 Xxx Xxxx, Xxx Xxxx, 00000 NY 11803 Attn: Xxxxxxx Xxxx X. Xxxxxx FacsimileXxxxx, President Telephone No.: (000) 000-0000 0000 Facsimile No.: (b000) If to the Company at000-0000 with a copy, to: 0000 Dornbush, Mensch, Mandelstam & Xxxxxxxxx, LLP 000 Xxxxx Xxxxxx Xxx Xxxxxxx Xxxxxxxxx Los AngelesXxxx, California 90048 XX 00000 Attn: Xxxxxx X. XxxxxxXxxxxxxx, Esq. Sr. Vice President, General Counsel and Secretary FacsimileTelephone No.: (000) 000-0000 Facsimile No.: (000) 000-0000 or at such other address or facsimile transmission number 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 deliveredwhen personal delivery or facsimile transmission thereof is made or sent and receipt thereof is acknowledged by the party entitled to receive such notice, with or upon receipt acknowledged, (ii) on the date on which telecopied and confirmed if sent by written overnight courier or telephonic acknowledgment, (iii) on the date set forth on the executed return receipt in the case of registered or certified mail or (iv) on the next business day after the same shall have been deposited for overnight delivery with a nationally recognized overnight courier, provided that proof of receipt is receivedby mail. Failure or delay in delivering copies of any notice, demand, request, approval, declaration, delivery or other communication to the Person person designated above to receive a copy shall in no way adversely affect the effectiveness of such notice, demand, request, approval, declaration.declaration, delivery or other communication.

Appears in 1 contract

Samples: Subscription Agreement (Eyecity Com 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 a nationally recognized overnight courier or by telecopy and confirmed by telecopy answerback, addressed as follows: (a) If to the Holderany Holder or holder of Warrant Stock, at its last known address appearing on the books warrant register of the Company maintained for such purpose: with a copy to: Xxxxxx & Xxxxxx, LLP 000 Xxxx Xxxxxx, Xxxxx 000 Xxx Xxxx, Xxx Xxxx, 00000 Attn: Xxxxxxx X. Xxxxxx Facsimile: (000) 000-0000. (b) If to the Company at: 0000 Xxx Xxxxxxx Xxxxxxxxx Los Angelesat CHI Energy, California 90048 AttnInc. 680 Washington Boulevard Stamford, Connectxxxx 00000 Xxxxxxxxx: Xxxxxx X. XxxxxxXxxxx, Esq. Sr. Vice President, Xxxxxxxxx and General Counsel and Secretary FacsimileXxxxxxx Telecopy Number: (000203) 000425-8880 (c) If to Warrant Agent at Registrar and Transfer Company 10 Commerce Drive Cranford, New Jersey 07000-0000 Xxxxxxxxx: Xxxx Xxxxxxxxx-Xxxxxxxx Xxxxxtment Telecopy Number: (908) 497-2311 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 (i) on the date on which personally delivered, with receipt acknowledged, (ii) on the date on which telecopied and confirmed by written telecopy answerback or telephonic acknowledgment, (iii) on the date set forth on the executed return receipt in the case of registered or certified mail or (iv) on the next business day three Business Days after the same shall have been deposited for overnight delivery with a nationally recognized overnight courier, provided that proof of receipt in the United States mail whichever is receivedearlier. 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 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 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 a nationally recognized overnight courier or by telecopy and confirmed by telecopy answerback, addressed as follows: (a) If to the Holderany Holder or holder of Warrant Stock, at its last known address appearing on the books warrant register of the Company maintained for such purpose: with a copy to: Xxxxxx & Xxxxxx, LLP 000 Xxxx Xxxxxx, Xxxxx 000 Xxx Xxxx, Xxx Xxxx, 00000 Attn: Xxxxxxx X. Xxxxxx Facsimile: (000) 000-0000. (b) If to the Company Company, at: Brothers Gourmet Coffees, Inc. 0000 Xxx Xxxxxx Xxxx Xxxxx 000X Xxxx Xxxxx, Xxxxxxx Xxxxxxxxx Los Angeles00000 Attention: Vice President-Finance and Administration Phone: (000) 000-0000 Telecopy Number: (000) 000-0000 With a copy to: Brownstein, California 90048 AttnHyatt, Xxxxxx & Xxxxxxxxxx, P.C. 000 Xxxxxxxxxxx Xxxxxx Twenty Second Floor Denver, Colorado 80202-4437 Attention: Xxxxxx Xxxx X. XxxxxxXxxxxxx, Esq. Sr. Vice President, General Counsel and Secretary FacsimilePhone: (000) 000-0000 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 (i) on the date on which personally delivered, with receipt acknowledged, (ii) on the date on which telecopied and confirmed by written telecopy answerback or telephonic acknowledgment, (iii) on the date set forth on the executed return receipt in the case of registered or certified mail or (iv) on the next business day five Business Days after the same shall have been deposited for overnight delivery in the United States mail, certified with a nationally recognized overnight courierreturn receipt requested, provided that proof of receipt whichever is receivedearlier. 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 Agreement (Brothers Gourmet Coffees 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 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 a nationally recognized overnight courier prepaid, or by telecopy and confirmed by telecopy answerback, addressed as follows: (a) If to the Holderany Holder 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 at ThermoView Industries, Inc. 0000 Xxxx Xxxx Louisville, Kentucky 40222 Attention: Xxxxxxx X. Xxxxxxxx, Chief Executive Officer Telecopy Number: (000) 000-0000 with a copy to: Xxxxxx & Xxxxxx, LLP Xxxxxxxx 000 Xxxx XxxxxxXxxxxx Xxxxxx Xxxxx 0000 Xxxxxxxxxx, Xxxxx 000 Xxx Xxxxxxxx 00000 Attention: Xxxx X. Xxxxxxxxxx, Xx. (Xxxx, Xxx Xxxx, 00000 Attn: Xxxxxxx X. Xxxxxx Facsimile: (000) 000-0000 (b) If to the Company at: 0000 Xxx Xxxxxxx Xxxxxxxxx Los Angeles, California 90048 Attn: Xxxxxx X. Xxxxxx, Esq. Sr. Vice President, General Counsel and Secretary FacsimileTelecopy 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 (i) on the date on which personally delivered, with receipt acknowledged, (ii) on the date on which telecopied and confirmed by written telecopy answerback, or telephonic acknowledgment, three (iii3) on the date set forth on the executed return receipt in the case of registered or certified mail or (iv) on the next business day Business Days after the same shall have been deposited for overnight delivery with a nationally recognized overnight courier, provided that proof of receipt is receivedin the United States mail. Failure or delay in delivering copies of any notice, demand, request, approval, declaration, delivery or other communication to the Person 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 (Thermoview Industries Inc)

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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 prepaid, or by a nationally recognized overnight courier or (iii) by telecopy and confirmed by telecopy answerbackanswer back, addressed as follows: (a) If to the Holderany Holder or holder of Class A Warrant Stock, at its last known address appearing on the books of the Company maintained by the Warrant Agent for such purpose: with a copy to: Xxxxxx & Xxxxxx, LLP 000 Xxxx Xxxxxx, Xxxxx 000 Xxx Xxxx, Xxx Xxxx, 00000 Attn: Xxxxxxx X. Xxxxxx Facsimile: (000) 000-0000; (b) If to the Company atWarrant 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 3445 Peachtree Road, N.E. - Suite 700, Atlanta, Georgia 30320, Xxxx: 0000 Xxx Xxxxxxx Xxxxxxxxx Los Angeles, California 90048 Attn: Xxxxxx X. Xxxxxx, Esq. Sr. Vice President, General Counsel and Secretary Facsimile: (000) 000-0000 or at such other address as may be substituted Xxxxxxx; xx xx xxxx xxxxx xxxxxxx xx xxx xx xxxxxxxxted 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, (ii) on the date on which telecopied and confirmed by written telecopy answerback, or telephonic acknowledgment, three (iii3) on the date set forth on the executed return receipt in the case of registered or certified mail or (iv) on the next business day Business Days after the same shall have been deposited for overnight delivery with a nationally recognized overnight courier, provided that proof of receipt is receivedin the United States mail. Failure or delay in delivering copies of any notice, demand, request, approval, declaration, delivery or other communication to the Person 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 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 a nationally recognized overnight courier prepaid, or by telecopy and confirmed by telecopy answerback, addressed as follows: (a) If to the Holderany holder hereof or holder of Issued Warrant Shares, at its last known address appearing on the books of the Company maintained for such purpose: with a copy to: Xxxxxx & Xxxxxx, LLP 000 Xxxx Xxxxxx, Xxxxx 000 Xxx Xxxx, Xxx Xxxx, 00000 Attn: Xxxxxxx X. Xxxxxx Facsimile: (000) 000-0000. (b) If to the Company Company, 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 0000 Xxx Xxxxxxx Xxxxxxxxx Los AngelesXxxxxxx, California 90048 AttnXX 00000 Attention: Xxxxxx X. Xxxxxx, Esq. Sr. Vice President, General Counsel and Secretary 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 (i) on the date on which personally delivered, with receipt acknowledged, (ii) on the date on which telecopied and confirmed by written telecopy answerback, or telephonic acknowledgment, five (iii5) on the date set forth on the executed return receipt in the case of registered or certified mail or (iv) on the next business day days after the same shall have been deposited for overnight delivery in the United States mail, certified, or one (1) business day after the same has been deposited with a nationally recognized reputable overnight courier, provided that proof of receipt is receivedcourier 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 or other communication to the Person 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 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 a nationally recognized overnight courier or by telecopy and confirmed by telecopy answerbackprepaid, addressed as follows: (a) If to the any Holder, at its last known address appearing on the books of the Company maintained for such purpose: with a copy to: Xxxxxx & Xxxxxx, LLP 000 Xxxx Xxxxxx, Xxxxx 000 Xxx Xxxx, Xxx Xxxx, 00000 Attn: Xxxxxxx X. Xxxxxx Facsimile: (000) 000-0000. (b) If to the Company at: 0000 Xxx Hanger Orthopedic Group, Inc. 7700 Old Georgetown Road Bethesda, Maryland 20814 Xxxxxxxxx: Xxxxxxx Xxxxxxxxx Los Angeles, California 90048 Attn: Xxxxxx X. Xxxxxx, Esq. Sr. Vice President, General Counsel and Secretary Facsimile: (000) 000-0000 or at such other address Xxxxx xx xx xxxx xxxxx xxdress as may be substituted by notice given substitutxx 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 (i) on the date on which personally delivered, with receipt acknowledged, or three (ii3) on the date on which telecopied and confirmed by written or telephonic acknowledgment, (iii) on the date set forth on the executed return receipt in the case of registered or certified mail or (iv) on the next business day Business Days after the same shall have been deposited for overnight delivery with a nationally recognized overnight courier, provided that proof of receipt is receivedin the United States mail. Failure or delay in delivering copies of any notice, demand, request, approval, declaration, delivery or other communication to the Person 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 (Hanger Orthopedic 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 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 prepaid, or by a nationally recognized overnight courier or (iii) by telecopy and confirmed by telecopy answerbackanswer back, addressed as follows: (a) If to the Holderany Holder 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: with a copy to: Xxxxxx & Xxxxxx, LLP 000 Xxxx Xxxxxx, Xxxxx 000 Xxx Xxxx, Xxx Xxxx, 00000 Attn: Xxxxxxx X. Xxxxxx Facsimile: (000) 000-0000; (b) If to the Company atWarrant 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 3445 Peachtree Road, N.E. - Suite 700, Atlanta, Georgia 30000, Xxxx: 0000 Xxx Xxxxxxx Xxxxxxxxx Los Angeles, California 90048 Attn: Xxxxxx X. Xxxxxx, Esq. Sr. Vice President, General Counsel and Secretary Facsimile: (000) 000-0000 or at such other address as may be substituted Xxxxxxx; 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 (i) on the date on which personally delivered, with receipt acknowledged, (ii) on the date on which telecopied and confirmed by written telecopy answerback, or telephonic acknowledgment, three (iii3) on the date set forth on the executed return receipt in the case of registered or certified mail or (iv) on the next business day Business Days after the same shall have been deposited for overnight delivery with a nationally recognized overnight courier, provided that proof of receipt is receivedin the United States mail. Failure or delay in delivering copies of any notice, demand, request, approval, declaration, delivery or other communication to the Person 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 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 prepaid, or by a nationally recognized overnight courier or by telecopy facsimile and confirmed by telecopy facsimile answerback, addressed as follows: (a) If to the Holderany Holder or holder of Warrant Stock, at its last known address appearing on the books of the Company maintained for such purpose: with a copy to: Xxxxxx & Xxxxxx, LLP 000 Xxxx Xxxxxx, Xxxxx 000 Xxx Xxxx, Xxx Xxxx, 00000 Attn: Xxxxxxx X. Xxxxxx Facsimile: (000) 000-0000. Exhibit 4.5 (b) If to the Company at: 0000 Xxx PetMed Express, Inc. 1441 SW 29th Avenue Xxxxxxx Xxxxxxxxx Los AngelesXxxxx, California 90048 AttnXX 00000 Xxxxxxxxx: Xxxxxx X. XxxxxxXxrc A. Puleo, Esq. Sr. Vice President, General Counsel and Secretary FacsimileM.D. Xxxxxxxle Number: (000) 000954-0000 971-0544 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, (ii) on the date on which telecopied sent by facsimile and confirmed by written or telephonic acknowledgmentfacsimile answerback, one (iii1) on the date set forth on the executed return receipt in the case of registered or certified mail or (iv) on the next business day Business Day after the same shall have been deposited for overnight delivery with a nationally recognized overnight courier, provided that proof of receipt is receivedcourier or three (3) Business Days after the same shall have been deposited in the United States mail. 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 Agreement (Petmed Express 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 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 a nationally recognized overnight courier prepaid, or by telecopy and confirmed by telecopy answerback, addressed as follows: (a) If to the Holderany Holder or holder of Warrant Stock, at its last known address appearing on the books of the Company maintained for such purpose: with a copy to: Xxxxxx & Xxxxxx, LLP 000 Xxxx Xxxxxx, Xxxxx 000 Xxx Xxxx, Xxx Xxxx, 00000 Attn: Xxxxxxx X. Xxxxxx Facsimile: (000) 000-0000. (b) If to the Company at: 0000 ViryaNet Limited 2 Willow Street Southborough, MA 01745 Xxxxxxxxx: Xxx Xxxxx, Xxxxx Xxxxxxxxx Xxxxcer Meitar, Liquxxxxx, Geva & Co. 16 Abba Hillel Silver Rd. Ramat Gan, 52506 Xxxxxx Xxxxxxxxx: Dan Geva, Adv. If to the Holder at: GE Capital Equity Investments, Inc. 120 Long Ridge Road Stamford, CT 06927 Xxxxxxxxx: Xxxxxxx Xxxxxxxxx Los Angeles, California 90048 Attn: Xxxxxx X. Xxxxxx, Esq. Sr. Vice President, General Counsel and Secretary Xxxxxxx Facsimile: (000203) 000357-3047 with a copy to: Covington & Burling 1330 Avenue of the Amerixxx New York, New Yoxx 00000 Xxxxxxxxx: Xxxxx X. Xxxxxxx. Xxx. Facsimile: (212) 841-0000 or at such xx xx xxxh other address as may be substituted by notice given as herein noticx xxxxx xx xxxein 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, (ii) on the date on which telecopied and confirmed by written telecopy answerback, or telephonic acknowledgment, (iii) on the date set forth on the executed return receipt in the case of registered or certified mail or (iv) on the next business day three Business Days after the same shall have been deposited for overnight delivery with a nationally recognized overnight courier, provided that proof of receipt is receivedin the United States mail. Failure or delay in delivering copies of any notice, demand, request, approval, declaration, delivery or other communication to the Person 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 (Ge Capital Equity Investments 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 a nationally recognized overnight courier prepaid, or by telecopy and confirmed by telecopy answerback, addressed as follows: (ai) If to the Holder, at its last known address appearing on the books of the The Boeing Company maintained for such purpose100 N. Riverside MC 5003-1001 Chicago, Illinois 00000 Xxxx: with Corporate Secretarx Xxxsimile: (312) 544-2829 With a copy to: Winxxxx & Xxxxxx & XxxxxxLLP 35 West Wacker Drive Xxxxago, LLP 000 Xxxx Xxxxxx, Xxxxx 000 Xxx Xxxx, Xxx Xxxx, 00000 AttnIllinois 60601 Xxxxxxxxx: Xxxxxxx X. Xxxxxx FacsimileOscar David Telecopy Number: (000312) 000558-00005700 (bxi) If to the Company atCompany, Xxxxxx Xxtegrated Technologies, Inc. 55 Madison Avenue, Suite 300 Morristown, New Jerxxx 00000 Xxxxxxxxx: 0000 Xxx Xxxxxxx Xxxxxxxxx Los Angeles, California 90048 Attn: Xxxxxx X. Xxxxxx, Esq. Sr. Vice President, General Counsel and Secretary FacsimileXxxxxxx Xelecopy Number: (000973) 000290-0000 or at such other 0081 Xxxx x xopy to: Kelley Drye & Warren LLP 101 Park Avenue New Xxxx, New York 10178 Xxxxxxxxx: Xxxxxxxx Xxxxxxxxx Telecopy Number: (212) 808-7800 xx xx xxxx xxher address as may be substituted by notice xx xxxxxx 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, (ii) on the date on which telecopied and confirmed by written telecopy answer-back or telephonic acknowledgment, (iii) on the date set forth on the executed return receipt in the case of registered or certified mail or (iv) on the next business day three Business Days after the same shall have been deposited for overnight delivery with 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 communicationUnited States mail.

Appears in 1 contract

Samples: Registration Rights Agreement (Access Integrated Technologies 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 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 a nationally recognized overnight courier prepaid, or by telecopy and confirmed by telecopy answerback, addressed as follows: (a) If to the Holder, at its last known address appearing on the books of the Company maintained for such purposeat: with Mxxx Xxxxxxx PMB 208 9000 Xxxxx Xxxxxx Xxxxxxxxx Beverly Hills, CA 90212 With a copy to: Xxxxxx & Cxxxxx Xxxxx 200 Xxxxxxxx Xxxx., 0xx Xxxxx Xxxxx Xxxxxx, XX 00000 Telecopy Number: (000) 000-0000 and to: Irell & Mxxxxxx LLP 000 Xxxx Xxxxxx1000 Xxxxxx xx xxx Xxxxx, Xxxxx 000 Xxx XxxxXxxxxxx, Xxx XxxxXX 00000 Attention: Rxxxxxx X. Xxxxxxxx, 00000 Attn: Xxxxxxx X. Xxxxxx FacsimileEsq. Telecopy Number: (000) 000-0000 (b) If to the Company atCompany, at Mxxxxx Xxxxxxx Living Omnimedia, Inc. 10 Xxxx 00xx Xxxxxx Xxx Xxxx, Xxx Xxxx 00000 Attention: 0000 Xxx Xxxxxxx Xxxxxxxxx Los Angeles, California 90048 Attn: Xxxxxx X. Xxxxxx, Esq. Sr. Vice President, General Counsel and Secretary FacsimileTelecopy 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 (i) on the date on which personally delivered, with receipt acknowledged, (ii) on the date on which telecopied and confirmed by written telecopy answerback, or telephonic acknowledgment, three (iii3) on the date set forth on the executed return receipt in the case of registered or certified mail or (iv) on the next business day Business Days after the same shall have been deposited for overnight delivery with a nationally recognized overnight courier, provided that proof of receipt is receivedin the United States mail. Failure or delay in delivering copies of any notice, demand, request, approval, declaration, delivery or other communication to the Person 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 (Martha Stewart Living Omnimedia 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 prepaid, or by a nationally recognized overnight courier or (iii) by telecopy and confirmed by telecopy answerbackanswer back, addressed as follows: (a) If to the Holderany Holder 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: with a copy to: Xxxxxx & Xxxxxx, LLP 000 Xxxx Xxxxxx, Xxxxx 000 Xxx Xxxx, Xxx Xxxx, 00000 Attn: Xxxxxxx X. Xxxxxx Facsimile: (000) 000-0000; (b) If to the Company at: 0000 Xxx Xxxxxxx Xxxxxxxxx Los AngelesWarrant Agent, California 90048 Attn: at 44 Wall Street, 6th floor, New Yxxx, XX 00000, xxxx x xxxx xx Xxxxxx X. XxxxxxXxxxxxxx Services LLC, Esq. Sr. Vice Presidentat 85 Challenger Road, General Counsel and Secretary Facsimile: Ridgxxxxxx Xxxx, XX 00000; xx (000x) 000-0000 Xx xx xxx Xxxxxxx, at 12365 Crosthwaite Circle, Poway, Xxxxxxxxxx 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 (i) on the date on which personally delivered, with receipt acknowledged, (ii) on the date on which telecopied and confirmed by written telecopy answerback, or telephonic acknowledgment, three (iii3) on the date set forth on the executed return receipt in the case of registered or certified mail or (iv) on the next business day Business Days after the same shall have been deposited for overnight delivery with a nationally recognized overnight courier, provided that proof of receipt is receivedin the United States mail. Failure or delay in delivering copies of any notice, demand, request, approval, declaration, delivery or other communication to the Person 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 (Anacomp Inc)

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