Common use of Notices; Amendments; Waiver Clause in Contracts

Notices; Amendments; Waiver. All notices, demands, designations, certificates, requests, offers, consents, approvals, appointments and other instruments given pursuant to this Deed to Xxxxxxxx Xx. 00000 GE No. 8004-0863 0000 Xxxxxx Xxxx Albany, Georgia Secure Debt (collectively called “Notices”) shall be in writing and given by (i) hand delivery, (ii) facsimile, (iii) express overnight delivery service or (iv) certified or registered mail, return receipt requested and shall be deemed to have been delivered upon (a) receipt, if hand delivered, (b) transmission, if delivered by facsimile, (c) the next Business Day, if delivered by express overnight delivery service, or (d) the third Business Day following the day of deposit of such notice with the United States Postal Service, if sent by certified or registered mail, return receipt requested. Notices shall be provided to the parties and addresses (or facsimile numbers, as applicable) specified below: If to Grantor: XXXXXXX INNS FINANCING 01, LP 0 Xxxxxxxxx Xxxxxx Xxxx, Xxxxx 0000 Xxxxxxx, Xxxxxxx 00000 Attention: Xxxxx X. Xxxxxxx Telephone: (000) 000-0000 Telecopy: (000) 000-0000 If to Grantee: GE Capital Franchise Finance Corporation 00000 X. Xxxxxxxxx Xxxxx Xxxxxxxxxx, Xxxxxxx 00000 Attention: Collateral Management Telephone: 000-000-0000 Telecopy: 000-000-0000 or to such other address or such other person as either party may from time to time hereafter specify to the other party in a notice delivered in the manner provided above. Whenever in this Deed to Secure Debt the giving of Notice is required, the giving thereof may be waived in writing at any time by the person or persons entitled to receive such Notice. Except as in this Deed to Secure Debt otherwise expressly provided, (i) this Deed to Secure Debt may not be modified except by an instrument in writing executed by Grantor and Grantee and (ii) no requirement hereof may be waived at any time except by a writing signed by the party against whom such waiver is sought to be enforced, nor shall any waiver be deemed a waiver of any subsequent breach or default.

Notices; Amendments; Waiver. All notices, demands, designations, certificates, requestsrequests (including, without limitation, requests for documents by third parties), offers, consents, approvals, appointments and other instruments required or permitted to be given pursuant to this Deed to Xxxxxxxx Xx. 00000 GE No. 8004-0863 0000 Xxxxxx Xxxx Albany, Georgia Secure Debt of Trust (collectively called “"Notices”") shall be in writing and given by (i) hand delivery, (ii) facsimile, (iii) express overnight delivery service or (iv) certified or registered mail, return receipt requested and shall be deemed to have been delivered upon (a) receipt, if hand delivered, (b) transmissiontransmission with confirmation, if delivered by facsimile, except if such facsimile is transmitted other than during business hours (business hours being defined as 8 a.m. to 6 p.m. in the location of the recipient during Business Days), such transmission shall be deemed to have occurred the next Business Day, (c) the next Business Day, if delivered by express overnight delivery service, or (d) the third Business Day following the day of deposit of such notice with the United States Postal Service, if sent by certified or registered mail, return receipt requested. Notices shall be provided to the parties and addresses (or facsimile numbers, as applicable) specified below: If to GrantorDebtor: XXXXXXX INNS FINANCING 01Christine C. Marshall, LP 0 Xxxxxxxxx Xxxxxx XxxxEsq. Vice President, Xxxxx 0000 XxxxxxxActing General Counsel Arby's Restaurant Holding Company 1000 Corporate Drive Xxxx Xxxxxxxxxx, Xxxxxxx XX 00000 Attention: Xxxxx X. Xxxxxxx Telephone: (000305) 000351-0000 5100 Telecopy: (000305) 000351-5619 Copy to: Brian L. Schorr, Esq. Executive Vice President and General Counsel Triarc Companies, Inc. 900 Third Avenue Xxx Xxxx, XX 00000 Telephone: (212) 230-3045 Telecopy: (212) 230-3216 and to: Neale M. Albert, Esq. Paul, Weiss, Rifkind, Wharton & Gaxxxxon 1285 Avenue of the Americas Xxx Xxxx, XX 00000-0000 If to Grantee: GE Capital Franchise Finance Corporation 00000 X. Xxxxxxxxx Xxxxx Xxxxxxxxxx, Xxxxxxx 00000 Attention: Collateral Management Telephone: 000(212) 373-000-0000 3000 Telecopy: 000(212) 757-000-0000 or to such other address or such other person as either party may from time to time hereafter specify to the other party in a notice delivered in the manner provided above3990 01/ 515466.3 FFCX Xx. Whenever in this Deed to Secure Debt the giving of Notice is required0000- Xxit No. city, the giving thereof may be waived in writing at any time by the person or persons entitled to receive such Notice. Except as in this Deed to Secure Debt otherwise expressly provided, (i) this Deed to Secure Debt may not be modified except by an instrument in writing executed by Grantor and Grantee and (ii) no requirement hereof may be waived at any time except by a writing signed by the party against whom such waiver is sought to be enforced, nor shall any waiver be deemed a waiver of any subsequent breach or default.state 08/11/96 31

Notices; Amendments; Waiver. All notices, demands, designations, certificates, requestsrequests (including, without limitation, requests for documents by third parties), offers, consents, approvals, appointments and or other instruments required or permitted to be given by either party pursuant to this Deed to Xxxxxxxx Xx. 00000 GE No. 8004-0863 0000 Xxxxxx Xxxx Albany, Georgia Secure Debt (collectively called “Notices”) Agreement and other Loan Documents shall be in writing and given by (i) hand delivery, (ii) facsimile, (iii) express overnight delivery service or (iv) certified or registered mail, return receipt requested requested, and shall be deemed to have been delivered upon (a) receipt, if hand delivered, (b) transmissiontransmission with confirmation, if delivered by facsimile, except if such facsimile is transmitted other than during business hours (business hours being defined as 8:00 a.m. to 6:00 p.m. in the location of the recipient during Business Days), such transmission shall be deemed to have occurred the next Business Day, (c) the next Business Day, if delivered by express overnight delivery service, or (d) the third Business Day business day following the day of deposit of such notice with the United States Postal Service, if sent by certified or registered mail, return receipt requested. Notices shall be provided to the parties and addresses (or facsimile numbers, as applicable) specified below: If to GrantorDebtor: XXXXXXX INNS FINANCING 01Arby's Restaurant Holding Company 1000 Corporate Drive Xxxx Xxxxxxxxxx, LP 0 Xxxxxxxxx Xxxxxx Xxxx, Xxxxx 0000 Xxxxxxx, Xxxxxxx XX 00000 Attention: Xxxxx X. Xxxxxxx Christine C. Marshall, Esq. Vice President, Acting General Counsel Telephone: (000954) 000351-0000 5635 Telecopy: (000954) 000351-5619 with a copy to: Brian L. Schorr, Esq. Executive Vice President and General Counsel Triarc Companies, Inc. 900 Third Avenue Xxx Xxxx, XX 00000 Telephone: (212) 230-3045 Telecopy: (212) 230-3216 and to: Neale M. Albert, Esq. Paul, Weiss, Rifkind, Wharton & Gaxxxxon 1285 Avenue of the Americas Xxx Xxxx, XX 00000-0000 Telephone: (212) 373-3000 Telecopy: (212) 757-3990 If to GranteeFFCA: GE Capital Franchise Finance FFCA Mortgage Corporation 00000 X. Xxxxxxxxx Xxxxx 17207 North Perimeter Drive Xxxxxxxxxx, Xxxxxxx XX 00000 Attention: Collateral Management Mr. Stephen G. Schmitz Senior Vice President Corporate Finance Telephone: 000(602) 585-000-0000 4500 Telecopy: 000(602) 585-0002225 Copy to: Dennis L. Ruben, Esq. Senior Vice President and General Counsel FFCA Mortgage Corporation 17207 North Perimeter Drive Xxxxxxxxxx, XX 00000 Telephone: (602) 585-0000 4500 Telecopy: (602) 585-2226 or to such other address or such other person as either party may from time to time hereafter specify to the other party in a notice delivered in the manner provided above. Whenever in this Deed to Secure Debt Agreement the giving of Notice is required, the giving thereof may be waived in writing at any time by the person or persons entitled to receive such Notice. Except as in this Deed to Secure Debt otherwise expressly provided, (i) this Deed to Secure Debt may not be modified except by an instrument in writing executed by Grantor and Grantee and (ii) no requirement hereof may be waived at any time except by a writing signed by the party against whom such waiver is sought to be enforced, nor shall any waiver be deemed a waiver of any subsequent breach or default.

Notices; Amendments; Waiver. All notices, demands, designations, certificates, requests, offers, consents, approvals, appointments and other instruments given pursuant to this Deed to Xxxxxxxx Xx. 00000 GE No. 8004-0863 0000 Xxxxxx Xxxx Albany, Georgia Secure Debt Mortgage (collectively called “"Notices”") shall be in writing and given by (i) hand delivery, (ii) facsimile, (iii) express overnight delivery service or (iv) certified or registered mail, return receipt requested and shall be deemed to have been delivered upon (a) receipt, if hand delivered, (b) transmission, if delivered by facsimile, (c) the next Business Day, if delivered by express overnight delivery service, or (d) the third Business Day following the day of deposit of such notice with the United States Postal Service, if sent by certified or registered mail, return receipt requested. Notices shall be provided to the parties and addresses (or facsimile numbers, as applicable) specified below: If to GrantorBorrower: XXXXXXX INNS FINANCING 01Family Steak Houses of Florida, LP 0 Inc. 2000 Xxxxxxx Xxxxxxxxx Xxxxxx XxxxXxxxxxx Xxxxx, Xxxxx 0000 Xxxxxxx, Xxxxxxx XX 00000 Attention: Xxxxx Exxxxx X. Xxxxxxx Xxxxxxxxx Telephone: (000) 000-0000 Telecopy: (000) 000-0000 If to GranteeLender: GE Capital Franchise Finance Corporation 00000 X. 10000 Xxxxx Xxxxxxxxx Xxxxx Xxxxxxxxxx, Xxxxxxx XX 00000 Attention: Collateral Management General Counsel Telephone: (000-) 000-0000 Telecopy: (000-) 000-0000 or to such other address or such other person as either party may from time to time hereafter specify to the other party in a notice delivered in the manner provided above. Whenever in this Deed to Secure Debt Mortgage the giving of Notice is required, the giving thereof may be waived in writing at any time by the person or persons entitled to receive such Notice. Except as in this Deed to Secure Debt Mortgage otherwise expressly provided, (i) this Deed to Secure Debt Mortgage may not be modified except by an instrument in writing executed by Grantor Borrower and Grantee Lender and (ii) no requirement hereof may be waived at any time except by a writing signed by the party against whom such waiver is sought to be enforced, nor shall any waiver be deemed a waiver of any subsequent breach or default.

Notices; Amendments; Waiver. All notices, demands, designations, certificates, requests, offers, consents, approvals, appointments and other instruments given pursuant to this Deed to Xxxxxxxx Xx. 00000 GE No. 8004-0863 0000 Xxxxxx Xxxx Albany, Georgia Secure Debt Mortgage (collectively called “"Notices”") shall be in writing and given by (i) hand delivery, (ii) facsimile, (iii) express overnight delivery service or (iv) certified or registered mail, return receipt requested and shall be deemed to have been delivered upon (a) receipt, if hand delivered, (b) transmission, if delivered by facsimile, (c) the next Business Day, if delivered by express overnight delivery service, or (d) the third Business Day following the day of deposit of such notice with the United States Postal Service, if sent by certified or registered mail, return receipt requested. Notices shall be provided to the parties and addresses (or facsimile numbers, as applicable) specified below: If to GrantorBorrower: XXXXXXX INNS FINANCING 01Family Steak Houses of Florida, LP 0 Inc. 0000 Xxxxxxx Xxxxxxxxx Xxxxxx XxxxXxxxxxx Xxxxx, Xxxxx 0000 Xxxxxxx, Xxxxxxx XX 00000 Attention: Xxxxx Xxxxxx X. Xxxxxxx Xxxxxxxxx Telephone: (000) 000-0000 Telecopy: (000) 000-0000 If to GranteeLender: GE Capital Franchise Finance Corporation 00000 X. Xxxxx Xxxxxxxxx Xxxxx Xxxxxxxxxx, Xxxxxxx XX 00000 Attention: Collateral Management General Counsel Telephone: (000-) 000-0000 Telecopy: (000-) 000-0000 or to such other address or such other person as either party may from time to time hereafter specify to the other party in a notice delivered in the manner provided above. Whenever in this Deed to Secure Debt Mortgage the giving of Notice is required, the giving thereof may be waived in writing at any time by the person or persons entitled to receive such Notice. Except as in this Deed to Secure Debt Mortgage otherwise expressly provided, (i) this Deed to Secure Debt Mortgage may not be modified except by an instrument in writing executed by Grantor Borrower and Grantee Lender and (ii) no requirement hereof may be waived at any time except by a writing signed by the party against whom such waiver is sought to be enforced, nor shall any waiver be deemed a waiver of any subsequent breach or default.

Notices; Amendments; Waiver. All notices, demands, designations, certificates, requests, offers, consents, approvals, appointments and other instruments given pursuant to this Deed to Xxxxxxxx Xx. 00000 GE No. 8004-0863 0000 Xxxxxx Xxxx Albany, Georgia Secure Debt of Trust (collectively called “Notices”) shall be in writing and given by (i) hand delivery, (ii) facsimile, (iii) express overnight delivery service or (iv) certified or registered mail, return receipt requested and shall be deemed to have been delivered upon (a) receipt, if hand delivered, (b) transmission, if delivered by facsimile, (c) the next Business Day, if delivered by express overnight delivery service, or (d) the third Business Day following the day of deposit of such notice with the United States Postal Service, if sent by certified or registered mail, return receipt requested. Notices shall be provided to the parties and addresses (or facsimile numbers, as applicable) specified below: If to GrantorBorrower: XXXXXXX INNS FINANCING 0102, LP 0 Xxxxxxxxx Xxxxxx Xxxx, Xxxxx 0000 Xxxxxxx, Xxxxxxx 00000 AttentionAttn: Xxxxx X. Xxxxxxx Telephone: (000) -000-0000 Telecopy: (000) -000-0000 If to GranteeLender: GE Capital Franchise Finance Corporation 00000 X. Xxxxxxxxx Xxxxx Xxxxxxxxxx, Xxxxxxx 00000 Attention: Collateral Management Telephone: 000-000-0000 Telecopy: 000-000-0000 Xxxxxxxx Xx. 00000 GE No. 8004-2212 0000 Xxxxxx Xxxxx Wilmington, North Carolina If to Trustee: XxxXxx X. Xxxxxxxx Xxxxxx Xxxxxxx Xxxxx & Xxxx, P.C. 000 Xxxx Xxxxx Xxxxxx Xxxxxx Xxxxxxxx, Xxxxxxx 00000 Telephone: (000) 000-0000 Telecopy: (000) 000-0000 or to such other address or such other person as either party may from time to time hereafter specify to the other party in a notice delivered in the manner provided above. Whenever in this Deed to Secure Debt of Trust the giving of Notice is required, the giving thereof may be waived in writing at any time by the person or persons entitled to receive such Notice. Except as in this Deed to Secure Debt of Trust otherwise expressly provided, (i) this Deed to Secure Debt of Trust may not be modified except by an instrument in writing executed by Grantor Borrower and Grantee Lender and (ii) no requirement hereof may be waived at any time except by a writing signed by the party against whom such waiver is sought to be enforced, nor shall any waiver be deemed a waiver of any subsequent breach or default.

Notices; Amendments; Waiver. All notices, demands, designations, certificates, requests, offers, consents, approvals, appointments and other instruments given pursuant to this Deed to Xxxxxxxx Xx. 00000 GE No. 8004-0863 0000 Xxxxxx Xxxx Albany, Georgia Secure Debt Mortgage (collectively called “"Notices”") shall be in writing and given by (i) hand delivery, (ii) facsimilefacsimile followed by a copy sent by mail in accordance with clause (iv) hereof, (iii) express overnight delivery service or (iv) certified or registered mail, return receipt requested requested, postage prepaid, and shall be deemed to have been delivered upon (a) receipt, if hand delivered, (b) transmission, if delivered by facsimile, (c) the next Business Daybusiness day, if delivered by express overnight delivery service, or (d) the third Business Day fifth business day following the day of deposit of such notice with the United States Postal Service, if sent by certified or registered mail, return receipt requested, postage prepaid. Notices shall be provided to the parties and addresses (or facsimile numbers, as applicable) specified below: If to GrantorDebtor: XXXXXXX INNS FINANCING 01Sybra, LP 0 Xxxxxxxxx Xxxxxx XxxxInc. 0000 Xxxxxxxx Xxxxx, Xxxxx 0000 000 Xxxxxxx, Xxxxxxx 00000 00000-0000 Attention: President Telephone: (000) 000-0000 Telecopy: (000) 000-0000 With a copy to: Xxxxxx X. Xxxxxxxxx, Esq. Pryor, Cashman, Xxxxxxx & Xxxxx X. Xxxxxxx 000 Xxxx Xxxxxx Xxx Xxxx, Xxx Xxxx 00000 Telephone: (000) 000-0000 Telecopy: (000) 000-0000 If to GranteeFFCA: GE Capital Franchise Xxxxx X. Xxxxx Senior Vice President, Corporate Finance FFCA Acquisition Corporation 00000 X. Xxxxx Xxxxxxxxx Xxxxx Xxxxxxxxxx, Xxxxxxx 00000 Attention: Collateral Management Telephone: (000-) 000-0000 Telecopy: (000) 000-0000 With a copy to: Xxxxxx X. Xxxxx, Esq. Executive Vice President and General Counsel FFCA Acquisition Corporation 00000 Xxxxx Xxxxxxxxx Xxxxx Xxxxxxxxxx, Xxxxxxx 00000 Telephone: (000) 000-0000 Telecopy: (000) 000-0000 or to such other address or such other person as either party may from time to time hereafter specify to the other party in a notice delivered in the manner provided above. Whenever in this Deed to Secure Debt Mortgage the giving of Notice is required, the giving thereof may be waived in writing at any time by the person or persons entitled to receive such Notice. Except as in this Deed to Secure Debt Mortgage otherwise expressly provided, (i) this Deed to Secure Debt Mortgage may not be modified except by an instrument in writing executed by Grantor Debtor and Grantee Mortgagee and (ii) no requirement hereof may be waived at any time except by a writing signed by the party against whom such waiver is sought to be enforced, nor shall any waiver be deemed a waiver of any subsequent breach or default.