Notices 140 Sample Clauses

Notices 140. SECTION 9.02. Waivers; Amendments; Addition of Term or Revolving Tranches 140 SECTION 9.03. Expenses; Indemnity; Damage Waiver 143 SECTION 9.04. Successors and Assigns 145 SECTION 9.05. Survival 149 SECTION 9.06. Counterparts; Integration; Effectiveness 149 SECTION 9.07. Severability 150 SECTION 9.08. Right of Setoff 150 SECTION 9.09. Governing Law; Jurisdiction; Consent to Service of Process 150 SECTION 9.10. WAIVER OF JURY TRIAL 151 SECTION 9.11. Headings 151 SECTION 9.12. Confidentiality 151 SECTION 9.13. Interest Rate Limitation 152 SECTION 9.14. Release of Subsidiary Loan Parties and Collateral 152 SECTION 9.15. Senior Debt Status 153 SECTION 9.16. No Fiduciary Relationship 153 SECTION 9.17. Permitted First Lien Intercreditor Agreements 154 SCHEDULES: Schedule 2.01 — Commitments Schedule 3.12 — Subsidiaries Schedule 3.13 — Insurance Schedule 4.01(i) — Lien Searches EXHIBITS: Exhibit AForm of Assignment and Assumption Exhibit B-1 — Form of Effective Date Perfection Certificate Exhibit B-2 — Form of Effective Date Loan Proceeds Note Perfection Certificate Exhibit C-1 — Form of Guarantee Agreement Exhibit C-2 — Form of Collateral Agreement Exhibit C-3 — Form of Indemnity, Subrogation and Contribution Agreement Exhibit DForm of Promissory Note Exhibit E-1 — Form of Opinion of Xxxxxxx Xxxx & Xxxxxxxxx LLP, counsel for the Borrower Exhibit E-2 — Form of Opinion of the Chief Legal Officer or an Assistant General Counsel of the Borrower Exhibit E-3 — Form of Opinion of Potter Xxxxxxxx & Xxxxxxx LLP, local counsel for the Borrower Exhibit E-4 — Form of Opinion of Xxxxxxx XxXxxxxxx LLP, regulatory counsel for the Borrower Exhibit FOmnibus Offering Proceeds Note Subordination Agreement Exhibit G-1 — Form of Loan Proceeds Note Collateral Agreement Exhibit G-2 — Form of Loan Proceeds Note Guarantee Agreement Exhibit H — Form of Loan Proceeds Note Exhibit I — Form of First Lien Intercreditor Agreement Exhibit J — Modified Dutch Auction Procedures Exhibit K —Borrower Assignment Agreement AMENDED AND RESTATED CREDIT AGREEMENT dated as of October 31, 2014 (this “Agreement” or “Credit Agreement”) among XXXXX 0 XXXXXXXXXXXXXX, XXX., XXXXX 0 FINANCING, INC., as Borrower, the LENDERS party hereto, and XXXXXXX XXXXX CAPITAL CORPORATION, as Administrative Agent and Collateral Agent.
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Notices 140. Section 16.03. Communication by Holders of Notes with Other Holders of Notes 141 Section 16.04. Certificate and Opinion as to Conditions Precedent 142 Section 16.05. Statements Required in Certificate or Opinion 142 Section 16.06. Rules by Trustee and Agents 142 Section 16.07. No Personal Liability of Directors, Officers, Employees and Stockholders 142 Section 16.08. Governing Law; Waiver of Jury Trial; Jurisdiction 143 Section 16.09. Trust Indenture Act Controls 143 Section 16.10. Successors 143 Section 16.11. Severability; Entire Agreement 144 Section 16.12. Counterpart Originals 144 Section 16.13. Acts of Holders 144 Section 16.14. Benefit of Indenture 145 Section 16.15. Table of Contents, Headings, Etc 145 Section 16.16. USA Patriot Act 146
Notices 140. Section 9.02 Waivers; Amendments 141 Section 9.03 Expenses; Indemnity; Damage Waiver 144 Section 9.04 Successors and Assigns 146 Section 9.05 Survival 151 Section 9.06 Counterparts; Integration; Effectiveness 151 Section 9.07 Severability 152 Section 9.08 Right of Setoff 152 Section 9.09 Governing Law; Jurisdiction; Consent to Service of Process 152 Section 9.10 WAIVER OF JURY TRIAL 153 Section 9.11 Headings 153 Section 9.12 Confidentiality 153 Section 9.13 USA Patriot Act 155 Section 9.14 Judgment Currency 155 Section 9.15 Release of Liens and Guarantees 155 Section 9.16 No Fiduciary Relationship 156 Section 9.17 Permitted Intercreditor Agreements 157 Section 9.18 Acknowledgement and Consent to Bail-In of EEA Financial Institutions 158

Related to Notices 140

  • Notices, Etc All notices and other communications from the Company to the Holder of this Warrant shall be mailed by first class registered or certified mail, postage prepaid, at such address as may have been furnished to the Company in writing by such Holder or, until any such Holder furnishes to the Company an address, then to, and at the address of, the last Holder of this Warrant who has so furnished an address to the Company.

  • Notices and Requests Any notice, consent or other communication ("Notice") required or permitted under this Agreement shall be in writing and signed by the proper authority and either: (i) delivered to the party at the address set forth below; (ii) deposited in the United States mail, registered or certified, return receipt requested, to the address set forth below; or (iii) given to a recognized and reputable overnight delivery service, to the address set forth below: Regional Public Transportation Authority 000 Xxxxx 0xx Xxx., Xxxxx 0000 Xxxxxxx, Xxxxxxx 00000 (Attention: Xxxxxxx X. Xxxxx, Chief Executive Officer) City of Tempe 000 Xxxx 0xx Xxxxxx Xxxxx, Xxxxxxx 00000 (Attention: Xxxxxxx X. Xxxxxx, Deputy Public Works Director) City Attorney City of Tempe 00 Xxxx Xxxxx Xxxxxx, Xxxxx 000 X.X. Xxx 0000 Xxxxx, Xxxxxxx 00000 or at such other address, and to the attention of such other person or officer as any party may designate in writing by Notice duly given pursuant to this section. Notices shall be deemed received: (a) when delivered to the party; (b) five business days after being placed in the United States Mail, properly address, with sufficient postage; or (c) the following business day after being given to a recognized overnight delivery service, with the person giving the Notice paying all required charges and instructing the delivery service to deliver on the following business day. If a copy of a Notice is also given to the party’s counsel or other recipient, the provisions above governing the date on which a notice is deemed to have been received by a party shall mean and refer to the date on which the party, and not its counsel or other recipient to which a copy of the Notice may be sent, is deemed to have received the Notice.

  • Notices and Communications Any legal notice under this Agreement shall be in writing to the other party at such address as the other party may designate from time to time for the receipt of such legal notice and shall be deemed to be received on the earlier of the date actually received or on the fourth day after the postmark if such legal notice is mailed first class postage prepaid. In relation to communications other than legal notices under this Agreement, each party may communicate with and provide information to the other party in whatever medium deemed appropriate. This may include the use of e-mail, the internet or other electronic means, in the place of paper communications. The parties acknowledge that instructions or communications conveyed by electronic methods such as facsimile or e-mail are not secure forms of communication and may accordingly give rise to higher risks of manipulation or attempted fraud.

  • Notices and Addresses All notices, offers, acceptance and any other acts under this Agreement (except payment) shall be in writing, and shall be sufficiently given if delivered to the addressees in person, by Federal Express or similar receipted delivery, or next business day delivery, or by facsimile delivery (in which event a copy shall immediately be sent by Federal Express or similar receipted delivery), as follows: If to Money: Money4Gold Holdings, Inc. 000 X. Xxxxxxx Xxxxxxx, Xxxxx 000 Xxxx Xxxxx, XX 00000 Attention: Xx. Xxxxxx Xxxxxxx Facsimile: (000) 000-0000 If to Xxxxxxx: Xx. Xxxxxx Xxxxxxx 000 X. Xxxxxxx Xxxxxxx, Xxxxx 000 Xxxx Xxxxx, XX 00000 Facsimile: (000) 000-0000 If to Koyuncu: Xx. Xxxxx Xxxxxxx 000 X. Xxxxxxx Xxxxxxx, Xxxxx 000 Xxxx Xxxxx, XX 00000 Facsimile: (000) 000-0000 If to Xxxxxxx: Xx. Xxxx Xxxxxxx 000 XX 0xx Xxxxxx, Xxxxx 000 Xxxx Xxxxxxxxxx, XX 00000 Facsimile: (000) 000-0000 If to Feirstein: Xx. Xxxxxxx Xxxxxxxxx 000 XX 0xx Xxxxxx, Xxxxx 000 Xxxx Xxxxxxxxxx, XX 00000 Facsimile: (000) 000-0000 or to such other address or facsimile number, as either of them, by notice to the other may designate from time to time. The transmission confirmation receipt from the sender’s facsimile machine shall be evidence of successful facsimile delivery.

  • Notices and Waivers Any notice or waiver to be given to any party hereto shall be in writing and shall be delivered by courier, sent by facsimile transmission or first class registered or certified mail, postage prepaid, return receipt requested.

  • Notices and Demands Any notice or demand that this Indenture requires or permits to be given by the Trustee, or by any Holders, to the Company may instead be given to any Guarantor.

  • 5Notices A. 5.1Any notice or other communication which is to be given by either Party to the other shall be issued by the E-Sourcing Messaging Facility. Where, for legal or other reasons, this is not possible, notice shall be given by letter, (sent by hand or post, registered post or recorded delivery), or transmitted by facsimile or e-mail, confirmed in either case by written letter. Such notice or communication shall be deemed to have been given on the day when in the ordinary course of the means of transmission it would first be received by the addressee in normal business hours. A. 6Mistakes in Information

  • Notices Required (1) The proposed Settlement Classes shall be given a single notice of hearings at which the Courts will be asked to approve the Settlement Agreement and Class Counsel Fees. (2) If this Settlement Agreement is not approved, is terminated, or otherwise fails to take effect, the proposed Settlement Classes shall be given notice of such event.

  • Notices; Communications (a) Except as provided in Section 9.01(b), all notices and other communications provided for herein shall be in writing and shall be delivered by hand or overnight courier service, mailed by certified or registered mail or sent by telecopier or other electronic means as follows: (i) if to any Loan Party, the Administrative Agent, the Issuing Banks as of the Closing Date or the Swingline Lender to the address, telecopier number, or electronic mail address on Schedule 9.01; and (ii) if to any other Lender or any other Issuing Bank, to the address, telecopier number or electronic mail address specified in its Administrative Questionnaire. (b) Notices and other communications to the Lenders and the Issuing Banks hereunder may be delivered or furnished by electronic communication (including e mail and Internet or intranet websites) pursuant to procedures approved by the Administrative Agent; provided, that the foregoing shall not apply to notices to any Lender or Issuing Bank pursuant to Article II if such Lender or Issuing Bank, as applicable, has notified the Administrative Agent that it is incapable of receiving notices under such Article by electronic communication. The Administrative Agent or the Borrower may, in their discretion, agree to accept notices and other communications to it hereunder by electronic communications pursuant to procedures approved by them, provided that approval of such procedures may be limited to particular notices or communications. (c) Notices sent by hand or overnight courier service, or mailed by certified or registered mail, shall be deemed to have been given when received. Notices sent by telecopier 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 next Business Day for the recipient). Notices delivered through electronic communications to the extent provided in Section 9.01(b) above shall be effective as provided in such Section 9.01(b). (d) Any party hereto may change its address or telecopy number for notices and other communications hereunder by notice to the other parties hereto. (e) Documents required to be delivered pursuant to Section 5.04 (to the extent any such documents are included in materials otherwise filed with the SEC) may be delivered electronically (including as set forth in Section 9.17) and if so delivered, shall be deemed to have been delivered on the date (i) on which the Borrower posts such documents, or provides a link thereto on the Borrower’s website on the Internet at the website address listed on Schedule 9.01, or (ii) on which such documents are posted on the Borrower’s behalf on an Internet or intranet website, if any, to which each Lender and the Administrative Agent have access (whether a commercial, third-party website or whether sponsored by the Administrative Agent); provided, that (A) the Borrower shall deliver paper copies of such documents to the Administrative Agent or any Lender that requests the Borrower to deliver such paper copies until a written request to cease delivering paper copies is given by the Administrative Agent or such Lender, and (B) the Borrower shall notify the Administrative Agent (by telecopier or electronic mail) of the posting of any such documents and provide to the Administrative Agent by electronic mail electronic versions (i.e., soft copies) of such documents. Except for such certificates required by Section 5.04(c), the Administrative Agent shall have no obligation to request the delivery or to maintain copies of the documents referred to above, and in any event shall have no responsibility to monitor compliance by the Borrower with any such request for delivery, and each Lender shall be solely responsible for requesting delivery to it or maintaining its copies of such documents.

  • Demands, Notices and Communications All formal demands, notices and communications by and among Xxxxxx Mae, the Certificate Registrar, the Paying Agent and the Holder of any Certificate shall be in writing and delivered in person or by first class mail, postage prepaid (a) if to Xxxxxx Xxx, to the Corporate Secretary of Xxxxxx Mae, 0000 Xxxxxxxxx Xxxxxx, X.X., Xxxxxxxxxx, X.X. 00000, or to such other address as shall be set forth in a notification to Certificateholders, or (b) if to the Holder of a Certificate, to the appropriate Holder in care of the Reserve Bank at the address provided to Xxxxxx Xxx by such Reserve Bank. Any notice so mailed within the time prescribed in this Trust Agreement shall be conclusively presumed to have been duly given whether or not the Person to whom such notice shall have been directed receives such notice.

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