Common use of Notices and Other Communications Facsimile Copies Clause in Contracts

Notices and Other Communications Facsimile Copies. (A) GENERAL Unless otherwise expressly provided herein, all notices, requests and other communications provided for hereunder shall be in writing (including by facsimile transmission). All such written notices shall be mailed, faxed, or delivered to the applicable address or facsimile number, or (subject to SUBSECTION (C) below) electronic mail address, and all notices and other communications expressly permitted hereunder to be given by telephone shall be made to the applicable telephone number, as follows: (i) if to the Borrower, to the address, facsimile number, electronic mail address, or telephone number specified for such Person on EXHIBIT B or to such other address, facsimile number, electronic mail address, or telephone number as shall be designated by such party in a notice to the other parties; and (ii) if to CAPCO, to the address, facsimile number, electronic mail address, or telephone number specified on EXHIBIT C or to such other address, facsimile number, electronic mail address, or telephone number as shall be designated by such party in a notice to the other parties. All such notices and other communications shall be deemed to be given or made upon the EARLIER to occur of (i) actual receipt by the relevant party hereto and (ii) (A) if delivered by hand or by courier, when signed for by or on behalf of the relevant party hereto; (B) if delivered by certified mail, when signed for by or on behalf of the relevant party hereto; (C) if delivered by facsimile, when sent and receipt has been confirmed by telephone; and (D) if delivered by electronic mail (which form of delivery is subject to the provisions of SUBSECTION (C) below), when delivered. In no event shall a voicemail message be effective as a notice, communication or confirmation hereunder.

Notices and Other Communications Facsimile Copies. (Aa) GENERAL Unless otherwise expressly provided herein, all notices, requests notices and other communications provided for hereunder shall be in writing (including by facsimile transmission). All such written notices shall be mailed, faxed, faxed or delivered to the applicable address or address, facsimile number, number or (subject to SUBSECTION clause (Ce) below) electronic mail address, and all notices and other communications expressly permitted hereunder to be given by telephone shall be made to the applicable telephone number, as follows: (i1) if to the BorrowerCompany, the Administrative Agent or the Swing Line Lender, to the address, facsimile number, electronic mail address, address or telephone number specified for such Person on EXHIBIT B Schedule 10.2 or to such other address, facsimile number, electronic mail address, address or telephone number as shall be designated by such party in a notice to the other parties; and (ii2) if to CAPCOany other Lender, to the address, facsimile number, electronic mail address, address or telephone number specified on EXHIBIT C in its Administrative Questionnaire or to such other address, facsimile number, electronic mail address, address or telephone number as shall be designated by such party in a notice to the other parties. Company and the Administrative Agent. (b) All such notices and other communications shall be deemed to be given or made upon the EARLIER earlier to occur of : (i1) actual receipt by the relevant party hereto and hereto; and (ii2) as applicable: (A) if delivered by hand or by courier, when signed for by or on behalf of the relevant party hereto; ; (B) if delivered by certified mail, when signed for by or on behalf of 4 Banking Days after deposit in the relevant party hereto; mails, postage prepaid; (C) if delivered by facsimile, when sent and receipt has been confirmed by telephone; and and (D) if delivered by electronic mail (which form of delivery is subject to the provisions of SUBSECTION clause (Ce) below), when delivered. ; provided, however, that notices and other communications to the Administrative Agent, the L/C Issuer and the Swing Line Lender pursuant to Article II shall not be effective until actually received by such Person. (c) In no event shall a voicemail message be effective as a notice, communication or confirmation hereunder. (d) Loan Documents may be transmitted or signed by facsimile. The effectiveness of any such documents and signatures shall, subject to applicable Law, have the same force and effect as manually-signed originals and shall be binding on all Loan Parties, the Administrative Agent and the Lenders. The Administrative Agent may also require that any such documents and signatures be confirmed by a manually-signed original thereof; provided, however, that the failure to request or deliver the same shall not limit the effectiveness of any facsimile document or signature. (e) Electronic mail and Internet and intranet websites may be used only to distribute routine communications, such as financial statements and other information as provided in Sections 6.1 and 6.2, and to distribute Loan Documents for execution by the parties thereto, and may not be used for any other purpose. (f) The Administrative Agent and the Lenders shall be entitled to rely and act upon any notices (including telephonic Loan requests and Swing Line Advance requests) purportedly given by or on behalf of the Company even if (1) such notices were not made in a manner specified herein, were incomplete or were not preceded or followed by any other form of notice specified herein, or (2) the terms thereof, as understood by the recipient, varied from any confirmation thereof. The Company shall indemnify each Agent-Related Person and each Lender from all losses, costs, expenses and liabilities resulting from the reliance by such Person on each notice purportedly given by or on behalf of the Company. All telephonic notices to and other communications with the Administrative Agent may be recorded by the Administrative Agent, and each of the parties hereto hereby consents to such recording.

Notices and Other Communications Facsimile Copies. (Aa) GENERAL General Unless otherwise expressly provided herein, all notices, requests and other communications provided for hereunder shall be in writing (including by facsimile transmission). All such written notices shall be mailed, faxed, or delivered to the applicable address or facsimile number, or (subject to SUBSECTION subsection (Cc) below) electronic mail address, and all notices and other communications expressly permitted hereunder to be given by telephone shall be made to the applicable telephone number, as follows: (i) if to the Borrower, to the address, facsimile number, electronic mail address, or telephone number specified for such Person on EXHIBIT Exhibit B or to such other address, facsimile number, electronic mail address, or telephone number as shall be designated by such party in a notice to the other parties; and (ii) if to CAPCO, to the address, facsimile number, electronic mail address, or telephone number specified on EXHIBIT Exhibit C or to such other address, facsimile number, electronic mail address, or telephone number as shall be designated by such party in a notice to the other parties. All such notices and other communications shall be deemed to be given or made upon the EARLIER earlier to occur of (i) actual receipt by the relevant party hereto and (ii) (A) if delivered by hand or by courier, when signed for by or on behalf of the relevant party hereto; (B) if delivered by certified mail, when signed for by or on behalf of the relevant party hereto; (C) if delivered by facsimile, when sent and receipt has been confirmed by telephone; and (D) if delivered by electronic mail (which form of delivery is subject to the provisions of SUBSECTION subsection (Cc) below), when delivered. In no event shall a voicemail message be effective as a notice, communication or confirmation hereunder.

Notices and Other Communications Facsimile Copies. (Aa) GENERAL Unless otherwise expressly provided herein, all notices, requests notices and other communications provided for hereunder or under any other Loan Document shall be in writing (including by facsimile transmission). All such written notices shall be mailedmailed certified or registered mail, faxed, faxed or delivered to the applicable address or address, facsimile number, number or (subject to SUBSECTION (CSection 10.02(b) belowto the Credit Agreement) electronic mail address, and all notices and other communications expressly permitted hereunder to be given by telephone shall be made to the applicable telephone number, as follows: (i) if to the BorrowerBorrower or the Administrative Agent, to the address, facsimile number, electronic mail address, address or telephone number specified for such Person on EXHIBIT B Schedule 10.02 of the Credit Agreement or to such other address, facsimile number, electronic mail address, address or telephone number as shall be designated by such party in a notice to the other parties, and if to any Grantor other than the Borrower, to the address set forth opposite such Grantor’s name on the signature pages hereto or on the signature pages to the Security Agreement Supplement pursuant to which it became a party hereto; and (ii) if to CAPCOany other Secured Party, to the address, facsimile number, electronic mail address, address or telephone number specified on EXHIBIT C in its Administrative Questionnaire or to such other address, facsimile number, electronic mail address, address or telephone number as shall be designated by such party in a notice to the Grantors or the Administrative Agent. 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 facsimile shall be deemed to have been given when sent (except that, if not given during normal business 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 subsection (b) below shall be effective as provided in such subsection (b). (b) Notices and other partiescommunications to the Administrative Agent hereunder may be delivered or furnished by electronic communication (including electronic-mail and internet or intranet websites) pursuant to procedures approved by the Administrative Agent. All such The Administrative Agent or the Grantors may, in their discretion, agree to accept notices and other communications 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) Loan Documents may be transmitted and/or executed and delivered by facsimile. The effectiveness of any such documents and signatures shall, subject to applicable Law, have the same force and effect as manually-signed originals and shall be deemed binding on all Grantors and the Administrative Agent. The Administrative Agent may also require that any such documents and signatures be confirmed by a manually-signed original thereof; provided, however, that the failure to request or deliver the same shall not limit the effectiveness of any facsimile document or signature. (d) The Administrative Agent shall be entitled to rely and act upon any notices purportedly given or made upon the EARLIER to occur of (i) actual receipt by the relevant party hereto and (ii) (A) if delivered by hand or by courier, when signed for by or on behalf of the relevant party hereto; Grantors even if (Bi) if delivered such notices were not made in a manner specified herein, were incomplete or were not preceded or followed by certified mailany other form of notice specified herein, when signed for or (ii) the terms thereof, as understood by the recipient, varied from any confirmation thereof. The Grantors shall indemnify each Indemnified Party from all losses, costs, expenses and liabilities resulting from the reliance by such Person on each notice purportedly given by or on behalf of the relevant Grantors. All other communications with the Administrative Agent may be recorded by the Administrative Agent, and each of the parties hereto hereby consents to such recording. (e) Any party hereto; (C) if delivered by facsimilehereto may change its address, when sent and receipt has been confirmed by telephone; and (D) if delivered by telephone number, electronic mail (which form of delivery is subject address or facsimile number for notices and other communications hereunder by notice to the provisions of SUBSECTION (C) below), when delivered. In no event shall a voicemail message be effective other parties hereto as a notice, communication or confirmation hereunderprovided in this Section 27.