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 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 Borrower: Family Steak Houses of Florida, Inc. 2000 Xxxxxxx Xxxxxxxxx Xxxxxxx Xxxxx, XX 00000 Attention: Exxxxx X. Xxxxxxxxx Telephone: (000) 000-0000 Telecopy: (000) 000-0000 If to Lender: GE Capital Franchise Finance Corporation 10000 Xxxxx Xxxxxxxxx Xxxxx Xxxxxxxxxx, XX 00000 Attention: 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 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 Mortgage otherwise expressly provided, (i) this Mortgage may not be modified except by an instrument in writing executed by Borrower and 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 Mortgage Deed 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 Borrower: Family Steak Houses of FloridaXXXXXXX INNS FINANCING 02, Inc. 2000 LP 0 Xxxxxxxxx Xxxxxx Xxxx, Xxxxx 0000 Xxxxxxx, Xxxxxxx Xxxxxxxxx 00000 Attn: Xxxxx X. Xxxxxxx Xxxxx, XX 00000 Attention: Exxxxx X. Xxxxxxxxx Telephone: (000) -000-0000 Telecopy: (000) -000-0000 If to Lender: GE Capital Franchise Finance Corporation 10000 Xxxxx 00000 X. Xxxxxxxxx Xxxxx Xxxxxxxxxx, XX Xxxxxxx 00000 Attention: General Counsel 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 Mortgage Deed 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 Mortgage Deed of Trust otherwise expressly provided, (i) this Mortgage Deed of Trust may not be modified except by an instrument in writing executed by Borrower and 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, 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 Mortgage Deed 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 BorrowerDebtor: Family Steak Houses of FloridaChristine C. Marshall, Inc. 2000 Xxxxxxx Xxxxxxxxx Xxxxxxx XxxxxEsq. Vice President, XX 00000 Attention: Exxxxx X. Xxxxxxxxx Telephone: (000) 000-0000 Telecopy: (000) 000-0000 If to Lender: GE Capital Franchise Finance Corporation 10000 Xxxxx Xxxxxxxxx Xxxxx Acting General Counsel Arby's Restaurant Holding Company 1000 Corporate Drive Xxxx Xxxxxxxxxx, XX 00000 Attention: General Counsel 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 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 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 Mortgage otherwise expressly provided, Telephone: (i212) this Mortgage may not be modified except by an instrument in writing executed by Borrower and Lender and 373-3000 Telecopy: (ii212) 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.757-3990

Notices; Amendments; Waiver. All notices, demands, designations, certificates, requests, offers, consents, approvals, appointments and other instruments given pursuant to this 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 BorrowerDebtor: Family Steak Houses of FloridaSybra, Inc. 2000 Xxxxxxx Xxxxxxxxx Xxxxxxx 0000 Xxxxxxxx Xxxxx, XX 00000 Xxxxx 000 Xxxxxxx, Xxxxxxx 00000-0000 Attention: Exxxxx President Telephone: (000) 000-0000 Telecopy: (000) 000-0000 With a copy to: Xxxxxx X. Xxxxxxxxx Xxxxxxxxx, Esq. Pryor, Cashman, Xxxxxxx & Xxxxx 000 Xxxx Xxxxxx Xxx Xxxx, Xxx Xxxx 00000 Telephone: (000) 000-0000 Telecopy: (000) 000-0000 If to LenderFFCA: GE Capital Franchise Xxxxx X. Xxxxx Senior Vice President, Corporate Finance FFCA Acquisition Corporation 10000 00000 Xxxxx Xxxxxxxxx Xxxxx Xxxxxxxxxx, XX Xxxxxxx 00000 AttentionTelephone: (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 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 Mortgage otherwise expressly provided, (i) this Mortgage may not be modified except by an instrument in writing executed by Borrower Debtor and Lender 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.

Notices; Amendments; Waiver. All notices, demands, designations, certificates, requests, offers, consents, approvals, appointments and other instruments given pursuant to this Mortgage 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 BorrowerGrantor: Family Steak Houses of FloridaXXXXXXX INNS FINANCING 01, Inc. 2000 LP 0 Xxxxxxxxx Xxxxxx Xxxx, Xxxxx 0000 Xxxxxxx, Xxxxxxx Xxxxxxxxx Xxxxxxx Xxxxx, XX 00000 Attention: Exxxxx Xxxxx X. Xxxxxxxxx Xxxxxxx Telephone: (000) 000-0000 Telecopy: (000) 000-0000 If to LenderGrantee: GE Capital Franchise Finance Corporation 10000 Xxxxx 00000 X. Xxxxxxxxx Xxxxx Xxxxxxxxxx, XX Xxxxxxx 00000 Attention: General Counsel 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 Mortgage 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 Mortgage Deed to Secure Debt otherwise expressly provided, (i) this Mortgage Deed to Secure Debt may not be modified except by an instrument in writing executed by Borrower Grantor and Lender 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 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 Borrower: Family Steak Houses of Florida, Inc. 2000 0000 Xxxxxxx Xxxxxxxxx Xxxxxxx Xxxxx, XX 00000 Attention: Exxxxx Xxxxxx X. Xxxxxxxxx Telephone: (000) 000-0000 Telecopy: (000) 000-0000 If to Lender: GE Capital Franchise Finance Corporation 10000 00000 Xxxxx Xxxxxxxxx Xxxxx Xxxxxxxxxx, XX 00000 Attention: 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 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 Mortgage otherwise expressly provided, (i) this Mortgage may not be modified except by an instrument in writing executed by Borrower and 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, 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 Mortgage (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 BorrowerDebtor: Family Steak Houses of Florida, Inc. 2000 Xxxxxxx Xxxxxxxxx Xxxxxxx Xxxxx, XX 00000 Attention: Exxxxx X. Xxxxxxxxx Telephone: (000) 000-0000 Telecopy: (000) 000-0000 If to Lender: GE Capital Franchise Finance Corporation 10000 Xxxxx Xxxxxxxxx Xxxxx Arby's Restaurant Holding Company 1000 Corporate Drive Xxxx Xxxxxxxxxx, XX 00000 Attention: 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 FFCA: FFCA Mortgage Corporation 17207 North Perimeter Drive Xxxxxxxxxx, XX 00000 Attention: Mr. Stephen G. Schmitz Senior Vice President Corporate Finance Telephone: (602) 585-4500 Telecopy: (602) 585-2225 Copy to: Dennis L. Ruben, Esq. Senior Vice President and General Counsel FFCA Mortgage Corporation 17207 North Perimeter Drive Xxxxxxxxxx, XX 00000 Telephone: (602) 585-4500 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 Mortgage 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 Mortgage otherwise expressly provided, (i) this Mortgage may not be modified except by an instrument in writing executed by Borrower and 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.