Notices and Delivery. Unless otherwise specifically provided herein, any consent, notice or other communication herein required or permitted to be given shall be in writing and may be personally served, telecopied or sent by courier service or United States mail and shall be deemed to have been given when delivered in person or by courier service, upon receipt of a telecopy (or on the next Business Day if such telecopy is received on a non-Business Day or after 5:00 p.m. (at the office of the recipient) on a Business Day) or four (4) Business Days after deposit in the United States mail (registered or certified, with postage prepaid and properly addressed). Notices to Agent pursuant to ARTICLE II shall not be effective until received by Agent. For the purposes hereof, the addresses of the parties hereto (until notice of a change thereof is delivered as provided in this SECTION 12.6) shall be as set forth below each party's name on the signature pages hereof, or, as to each party, at such other address as may be designated by such party in a written notice to all of the other parties. All deliveries to be made to Agent for distribution to the Lenders shall be made to Agent at the addresses specified for notice on the signature page hereto and in addition, a sufficient number of copies of each such delivery shall be delivered to Agent for delivery to each Lender at the address specified for deliveries on the signature page hereto or such other address as may be designated by Agent in a written notice.
Notices and Delivery. Unless otherwise specifically provided herein, any consent, notice or other communication herein required or permitted to be given shall be in writing and may be personally served, telecopied or sent by courier service or United States mail and shall be deemed to have been given when delivered in person or by courier service, upon receipt of a telecopy (or on the next Business Day if such telecopy is received on a non-Business Day or after 5:00 p.m. (at the office of the recipient) on a Business Day) or delivery by the United States mail (registered or certified). Any party delivering a communication by telecopy shall also send a copy thereof by one of the other means provided in this Section 11.6. Notices to Lender pursuant to Article II or the Note shall not be effective until received by Lender. For the purposes hereof, the addresses of the parties hereto (until notice of a change thereof is delivered as provided in this Section 11.6) shall be as set forth below each party’s name on the signature pages hereof, or, as to each party, at such other address as may be designated by such party in a written notice to all of the other parties.
Notices and Delivery. 36 SECTION 12.8 Counterpart Execution; Facsimile Execution.................................................37 SECTION 12.9
Notices and Delivery. 69 12.08 Survival of Warranties, Indemnities and Agreements........................................................... 69 12.09 Failure or Indulgence Not Waiver; Remedies Cumulative........................................................ 69 12.10 Marshalling; Recourse to Security; Payments Set Aside........................................................ 69 12.11 Severability................................................................................................. 69 12.12 Headings..................................................................................................... 70 12.13
Notices and Delivery. 5.1 The Parties acknowledge that any notice and other correspondence concerning this Agreement (“Notice”) shall be made in writing and shall be (a) personally delivered, or (b) sent by overnight courier and transmitted electronically, in each case addressed or emailed to the Party to whom notice is being given at its address set forth in the Preamble to this Agreement, or as to each Party, at such other address or e-mail as may hereafter be designated by such Party in a written notice to the other Party complying as to the delivery with the terms of this paragraph 5.1.
5.2 All such notices, requests, demands and other communications shall be deemed to have been given on (a) the date received if personally delivered, or (b) the date sent if sent by overnight courier and e-mail.
Notices and Delivery. Unless otherwise specifically provided herein, any consent, notice or other communication herein required or permitted to be given shall be in writing and may be personally served, telecopied or sent by courier service or United States mail and shall be deemed to have been given when delivered in person or by courier service, upon receipt of a telecopy (or on the next Banking Business Day if such telecopy is received on a non-Banking Business Day or after 5:00 p.m. on a Banking Business Day) or four
Notices and Delivery. All notices and communications among the Parties shall be made in writing and in the English language by facsimile transmission with confirmation of transmission, delivery in person (including courier service) or registered airmail letter to the appropriate correspondence addresses set forth below: Xxxx.xxx, Inc. 00/X, Xxxxx 0, Xxxxxx Xxxxx Xxxxx Xx Xxxxxxxx, 0 Xxxxxxxxxx Xxx Xxxxxx, Xxxxxxx 000000 Tel : 8610-6510-2160 Fax : 0000-0000-0000 Xxxx Xxxxxxx Tel : 8610—6510—2160
Notices and Delivery. All notices and communications between the parties shall be written in English or Chinese and delivered in person (including courier service), by facsimile transmission or by registered mail to the appropriate addresses set forth below: Address : Room 1709 17th Floor, Viva Plaza, Building 18, Yard 00, Xxxxxx Xxxxxx, Xxxxxxx Xxxxxxxx Xxxxxxx,Xxxxx Tel : 000-0000 0000 Address : Room 1701-1707, 1710-1720, 17th Xxxxx, Xxxx Xxxxx, Xxxxxxxx 00, Xxxx 00, Xxxxxx Xxxxxx, Xxxxxxx Xxxxxxxx Xxxxxxx,Xxxxx Tel : 000-0000 0000
Notices and Delivery. 11.1 All notices and other communications required or permitted to be given pursuant hereto shall be delivered by personal delivery or sent by registered mail, postage prepaid, by a commercial express service or by facsimile transmission to the address of such Party set forth below. Each notification should also be served by email. The dates on which such notices shall be deemed to have been effectively given shall be determined as follows:
11.1.1 Notices given by personal delivery, by express service or by registered mail, postage prepaid, shall be deemed effectively given on the date of receipt or refusal at the address specified for notices.
11.1.2 Notices given by facsimile shall be deemed effectively given on the date of the successful transmission (as evidenced by an automatically generated confirmation of transmission).
11.2 For the purpose of notices, the addresses of the Parties are as follows: To JD: Address: 00X, Xxxxxxxx X, Xx. 00 Xxxxxxxx 00 Xxxxxx, Xxxxxxxx Economic and Technological Development Zone, Daxing District, Beijing Attention: Investment and Acquisition Team in Legal Department of JD Group Email: xxxxxxxxxxx@xx.xxx Postcode: 101111 With a copy (which shall not constitute notice) to the following address: Address: Strategic Xxxxxxxxxx Xxxxxxxxxx, 00X, Xxxxxxxx X, Xx. 00 Xxxxxxxx 00 Street, Yizhuang Economic and Technological Development Zone, Daxing District, Beijing Attention: Xxxxxxx XXX Email: xxxxxxxxxx@xx.xxx Postcode: 101111 To DADA: Address: 00X, Xxxxxxxx Xxxxxxxxx’s Wharf, Xx.0000 Xxxxxxxxx Xxxx, Xxxxxx Xxxxxxxx, Xxxxxxxx Attention: Legal Department of DADA Group Email: xxxxx@xxxxxx.xx Telephone: +00 00 0000 0000
11.3 Any Party may at any time change its address for notices by a notice delivered to the other Party in accordance with the Article 11 hereof.
Notices and Delivery. 39 Section 12.8. Counterpart Execution; Facsimile Execution..................................................40 Section 12.9. Statutory Provisions........................................................................40 Section 12.10. Waiver of Partition.........................................................................40 Section 12.11. Change In Law...............................................................................40 Section 12.12. Investment Representations of the Members...................................................42 Section 12.13. Decisions by Investor Manager...............................................................43 Section 12.14. Referrals to Hospital and Ownership of Shares of Common Stock of MedCath Incorporated.......43 Section 12.15. Exhibits....................................................................................43 EXHIBIT 10.17 OPERATING AGREEMENT OF HEART HOSPITAL OF BK, LLC A North Carolina Limited Liability Company THESE SECURITIES ARE BEING ISSUED PURSUANT TO AN EXEMPTION FROM REGISTRATION UNDER THE SECURITIES ACT OF 1933 AND THE CALIFORNIA SECURITIES ACT IN RELIANCE UPON THE REPRESENTATION OF EACH PURCHASER OF THE SECURITIES THAT THE SAME ARE BEING ACQUIRED FOR INVESTMENT PURPOSES. THESE SECURITIES MAY ACCORDINGLY NOT BE RESOLD OR OTHERWISE TRANSFERRED OR CONVEYED IN THE ABSENCE OF REGISTRATION OF THE SAME PURSUANT TO THE APPLICABLE SECURITIES LAWS UNLESS AN OPINION OF COUNSEL SATISFACTORY TO THE COMPANY IS FIRST OBTAINED THAT SUCH REGISTRATION IS NOT THEN NECESSARY. ANY TRANSFER CONTRARY HERETO SHALL BE VOID. THIS OPERATING AGREEMENT (the "Agreement") of HEART HOSPITAL OF BK, LLC (the "Company"), a North Carolina Limited Liability Company is made and entered into by and among the Company and HHBF, Inc., a North Carolina corporation ("HHBF"), as a Member and each of the other parties identified on the Information Exhibit as Members (the "Investor Members").
