Notices and Other Communications. Unless otherwise provided in this Agreement, all notices, consents, approvals and requests required or permitted hereunder shall be given in writing and shall be effective for all purposes if sent by (a) hand delivery, with proof of delivery, (b) certified or registered United States mail, postage prepaid, (c) expedited prepaid delivery service, either commercial or United States Postal Service, with proof of delivery, or (d) by electronic mail, provided that, such electronic mail notice must also be delivered by one of the means set forth in (a), (b) or (c) above unless the sender of such communication receives a verbal or electronic confirmation acknowledging receipt thereof (for the avoidance of doubt, any automatically generated email or any similar automatic response shall not constitute confirmation), to the address specified in Exhibit I hereto or at such other address and person as shall be designated from time to time by any party hereto, as the case may be, in a written notice to the other parties hereto in the manner provided for in this Article 18. A notice shall be deemed to have been given: (x) in the case of hand delivery, at the time of delivery, if on a Business Day, and otherwise on the next occurring Business Day, (y) in the case of registered or certified mail or expedited prepaid delivery, when delivered, if on a Business Day, and otherwise on the next occurring Business Day, or upon the first attempted delivery on a Business Day or (z) in the case of electronic mail, upon receipt of a verbal or electronic confirmation acknowledging receipt thereof (for the avoidance of doubt, any automatically generated email or any similar automatic response shall not constitute confirmation). A party receiving a notice that does not comply with the technical requirements for notice under this Article 18 may elect to waive any deficiencies and treat the notice as having been properly given.
Appears in 8 contracts
Samples: Master Repurchase Agreement (Cim Real Estate Finance Trust, Inc.), Master Repurchase Agreement (Cim Real Estate Finance Trust, Inc.), Master Repurchase Agreement (Cim Real Estate Finance Trust, Inc.)
Notices and Other Communications. Unless otherwise provided in this Agreement, all All notices, consents, approvals and requests required or permitted hereunder shall be given in writing and shall be effective for all purposes if hand delivered or sent by (a) hand delivery, with proof of attempted delivery, (b) certified or registered United States mail, postage prepaid, (c) expedited prepaid delivery service, either commercial or United States Postal Service, with proof of attempted delivery, or (d) by electronic mail, email (with confirmation of receipt by the receiving party); provided that, that such electronic mail email notice must also be delivered by one of the means set forth in clauses (a), (b) or (c) above unless the sender of such communication receives a verbal or electronic confirmation acknowledging receipt thereof (for the avoidance of doubt, any automatically generated email or any similar automatic response shall not constitute confirmation)above, to the address addresses specified in Exhibit Annex I hereto or at such other address and person as shall be designated from time to time by any party hereto, as the case may be, in a written notice to the other parties hereto in the manner provided for in this Article 18Section 16. A notice shall be deemed to have been given: (xi) in the case of hand delivery, at the time of delivery, if on a Business Day, and otherwise on the next occurring Business Day, ; (yii) in the case of registered or certified mail or expedited prepaid deliverymail, when delivered, if delivered or the first attempted delivery on a Business Day, and otherwise on ; (iii) in the next occurring Business Day, or case of expedited prepaid delivery upon the first attempted delivery on a Business Day Day; or (ziv) in the case of electronic mailemail, upon receipt of a verbal confirmation or electronic confirmation acknowledging receipt thereof (for the avoidance of doubt, any automatically generated email or any similar automatic response shall not constitute confirmation)receipt; provided that such emailed notice is also delivered as required in this Section 16. A party receiving a notice that does not comply with the technical requirements for notice under this Article 18 Section 16 may elect to waive any deficiencies and treat the such notice as having been properly given. Notwithstanding the foregoing, notices pursuant to Section 4 hereof may be sent by electronic mail to the email addresses set forth on Annex I attached hereto; provided that such notice delivered by email shall be deemed to be given only upon receipt of confirmation of receipt by the receiving party.
Appears in 7 contracts
Samples: Master Repurchase and Securities Contract Agreement (Ares Commercial Real Estate Corp), Master Repurchase and Securities Contract Agreement (Claros Mortgage Trust, Inc.), Master Repurchase and Securities Contract Agreement (KKR Real Estate Finance Trust Inc.)
Notices and Other Communications. Unless otherwise provided in this Agreement, all notices, consents, approvals and requests required or permitted hereunder shall be given in writing and shall be effective for all purposes if sent by (a) hand delivery, with proof of delivery, (b) certified or registered United States mail, postage prepaid, (c) expedited prepaid delivery service, either commercial or United States Postal Service, with proof of delivery, or (d) by telecopier (with answerback acknowledged) provided that such telecopied notice must also be delivered by one of the means set forth in (a), (b) or (c) above, or (e) by electronic mail, mail provided that, that such electronic mail notice must also be delivered by one of the means set forth in (a), (b) or (c) above unless the sender of such communication receives a verbal or electronic confirmation acknowledging receipt thereof (for the avoidance of doubt, any automatically generated email or any similar automatic response shall not constitute confirmation)above, to the address and person specified in Exhibit I hereto or at to such other address and person as shall be designated from time to time by any party hereto, as the case may be, hereto in a written notice to the other parties hereto in the manner provided for in this Article 1816. A notice shall be deemed to have been given: (xv) in the case of hand delivery, at the time of delivery, if (w) in the case of registered or certified mail, when delivered or the first attempted delivery on a Business Day, and otherwise (x) in the case of expedited prepaid delivery, upon the first attempted delivery on the next occurring a Business Day, (y) in the case of registered or certified mail or expedited prepaid deliverytelecopier, when deliveredupon receipt of answerback confirmation, if on a Business Day, and otherwise on the next occurring Business Day, or upon the first attempted delivery on a Business Day provided that such telecopied notice was also delivered as required in this Article 16 or (z) in the case of electronic mail, upon receipt of a verbal or electronic confirmation acknowledging communication confirming receipt thereof (for the avoidance of doubtthereof, any automatically generated email or any similar automatic response shall not constitute confirmation)provided that such electronic mail notice was also delivered as required in this Article 16. A party receiving a notice that does not comply with the technical requirements for notice under this Article 18 16 may elect to waive any deficiencies and treat the notice as having been properly given.
Appears in 6 contracts
Samples: Loan and Security Agreement (Cim Real Estate Finance Trust, Inc.), Loan and Security Agreement (Cim Real Estate Finance Trust, Inc.), Master Repurchase Agreement (Starwood Credit Real Estate Income Trust)
Notices and Other Communications. Unless otherwise provided in this Agreement, all notices, consents, approvals and requests required or permitted hereunder shall be given in writing and shall be effective for all purposes if hand delivered or sent by (a) hand delivery, with proof of attempted delivery, (b) certified or registered United States mail, postage prepaid, (c) expedited prepaid delivery service, either commercial or United States Postal Service, with proof of attempted delivery, or (d) by electronic mail, telecopy (with answerback acknowledged) or email provided that, that such electronic mail telecopy or email notice must also be delivered by one of the means set forth in (a), (b) or (c) above unless the sender of such communication receives a verbal or electronic confirmation acknowledging receipt thereof (for the avoidance of doubt, any automatically generated email or any similar automatic response shall not constitute confirmation)above, to the address specified in Exhibit Annex I hereto or at such other address and person as shall be designated from time to time by any party hereto, as the case may be, in a written notice to the other parties hereto in the manner provided for in this Article 18Section 16. A notice shall be deemed to have been given: (xa) in the case of hand delivery, at the time of delivery, if on a Business Day, and otherwise on the next occurring Business Day, (yb) in the case of registered or certified mail or expedited prepaid deliverymail, when delivered, if delivered on a Business Day, and otherwise on the next occurring Business Day, or upon the first attempted delivery on a Business Day or (zc) in the case of electronic mailexpedited prepaid delivery upon delivery on a Business Day, or (d) in the case of telecopy or email, upon receipt of answerback confirmation or upon transmission, respectively; provided that (i) such telecopy or email notice was also delivered by one of the means set forth in (a), (b) or (c) above (which may arrive after such telecopy or email), and (ii) the transmitting party did not receive an electronic notice of a verbal or electronic confirmation acknowledging receipt thereof (for the avoidance of doubt, any automatically generated email or any similar automatic response shall not constitute confirmation)transmission failure. A party receiving a notice that which does not comply with the technical requirements for notice under this Article 18 Section 16 may elect to waive any deficiencies and treat the notice as having been properly given.
Appears in 5 contracts
Samples: Master Repurchase Agreement (Claros Mortgage Trust, Inc.), Master Repurchase Agreement (Claros Mortgage Trust, Inc.), Master Repurchase Agreement (NorthStar Real Estate Income II, Inc.)
Notices and Other Communications. Unless otherwise provided in this Agreement, all notices, consents, approvals and requests required or permitted hereunder shall be given in writing and shall be effective for all purposes if hand delivered or sent by (a) hand delivery, with proof of delivery, (b) certified or registered United States mail, postage prepaid, (c) expedited prepaid delivery service, either commercial or United States Postal Service, with proof of delivery, or (d) by electronic mail, telecopier (with answerback acknowledged) provided that, that such electronic mail telecopied notice must also be delivered by one of the means set forth in (a)above, (b) or (ce) above unless the sender by e-mail with confirmation of such communication receives a verbal or electronic confirmation acknowledging receipt thereof (for the avoidance of doubt, any automatically generated email or any similar automatic response shall not constitute confirmation)delivery, to the address specified in Exhibit Annex I hereto or at such other address and person as shall be designated from time to time by any party hereto, as the case may be, in a written notice to the other parties hereto in the manner provided for in this Article 1815. A notice shall be deemed to have been given: (xv) in the case of hand delivery, at the time of delivery, if (w) in the case of registered or certified mail, when delivered or the first attempted delivery on a Business Day, and otherwise (x) in the case of expedited prepaid delivery upon the first attempted delivery on the next occurring a Business Day, (y) in the case of registered or certified mail or expedited prepaid deliverytelecopier, when deliveredupon receipt of answerback confirmation, if on a Business Dayprovided that such telecopied notice was also delivered as required in this Article 15, and otherwise on the next occurring Business Day, or upon the first attempted delivery on a Business Day or (z) in the case of electronic e-mail, upon receipt confirmation of a verbal or electronic confirmation acknowledging receipt thereof (for the avoidance of doubt, any automatically generated email or any similar automatic response shall not constitute confirmation)delivery. A party receiving a notice that does not comply with the technical requirements for notice under this Article 18 15 may elect to waive in writing any deficiencies and treat the notice as having been properly given.
Appears in 5 contracts
Samples: Master Repurchase and Securities Contract Agreement (Starwood Credit Real Estate Income Trust), Master Repurchase and Securities Contract Agreement, Master Repurchase and Securities Contract Agreement (Blackstone Mortgage Trust, Inc.)
Notices and Other Communications. Unless otherwise provided in this Agreement, all notices, consents, approvals and requests required or permitted hereunder shall be given in writing and shall be effective for all purposes if hand delivered or sent by (a) hand delivery, with proof of attempted delivery, (b) certified or registered United States mail, postage prepaid, (c) expedited prepaid delivery service, either commercial or United States Postal Service, with proof of attempted delivery, or (d) by electronic mail, telecopier (with answerback acknowledged) provided that, that such electronic mail telecopied notice must also be delivered by one of the means set forth in (a), (b) or (c) above unless the sender of such communication receives a verbal or electronic confirmation acknowledging receipt thereof (for the avoidance of doubt, any automatically generated email or any similar automatic response shall not constitute confirmation)above, to the address specified in Exhibit Annex I hereto or at such other address and person as shall be designated from time to time by any party hereto, as the case may be, in a written notice to the other parties hereto in the manner provided for in this Article 18Section. A notice shall be deemed to have been given: (xa) in the case of hand delivery, at the time of delivery, if on a Business Day, and otherwise on the next occurring Business Day, (yb) in the case of registered or certified mail or expedited prepaid deliverymail, when delivered, if delivered or the first attempted delivery on a Business Day, and otherwise on (c) in the next occurring Business Day, or case of expedited prepaid delivery upon the first attempted delivery on a Business Day Day, or (zd) in the case of electronic mailtelecopier, upon receipt of a verbal or electronic confirmation acknowledging receipt thereof (for the avoidance of doubtanswerback confirmation, any automatically generated email or any similar automatic response shall not constitute confirmation)provided that such telecopied notice was also delivered as required in this Section. A party receiving a notice that which does not comply with the technical requirements for notice under this Article 18 Section may elect to waive any deficiencies and treat the notice as having been properly given.
Appears in 5 contracts
Samples: Master Repurchase Agreement (RAIT Financial Trust), Master Repurchase Agreement (RAIT Financial Trust), Master Repurchase Agreement (Capital Trust Inc)
Notices and Other Communications. Unless otherwise provided in this Agreement, all All notices, consents, approvals and requests required or permitted hereunder shall be given in writing and shall be effective for all purposes if hand delivered or sent by (a) hand delivery, with proof of attempted delivery, (b) certified or registered United States mail, postage prepaid, (c) expedited prepaid delivery service, either commercial or United States Postal Service, with proof of attempted delivery, or (d) by electronic mail, provided that, such electronic e-mail notice must also be delivered by one of the means set forth in (a), (bwith return receipt requested) or (c) above unless the sender of such communication receives a verbal or electronic confirmation acknowledging receipt thereof (for the avoidance of doubt, any automatically generated email or any similar automatic response shall not constitute confirmation), to the address addresses specified in Exhibit I hereto or at such other address and person as shall be designated from time to time by any party hereto, as the case may be, in a written notice to the other parties hereto in the manner provided for in this Article 18Section 15. A notice shall be deemed to have been given: (xv) in the case of hand delivery, at the time of delivery, if on a Business Day, and otherwise on the next occurring Business Day, ; (yw) in the case of registered or certified mail or expedited prepaid deliverymail, when delivered, if delivered or the first attempted delivery on a Business Day, and otherwise on ; (x) in the next occurring Business Day, or case of expedited prepaid delivery upon the first attempted delivery on a Business Day Day; or (zy) in the case of electronic e-mail, upon receipt of a verbal or electronic confirmation acknowledging receipt thereof (for the avoidance of doubt, any automatically generated email or any similar automatic response shall not constitute confirmation)receipt. A party receiving a notice that does not comply with the technical requirements for notice under this Article 18 Section 15 may elect to waive any deficiencies and treat the such notice as having been properly given. In furtherance of the foregoing, notices pursuant to Section 4 may be sent by electronic mail to the e-mail addresses set forth on Exhibit I attached hereto.
Appears in 4 contracts
Samples: Master Repurchase Agreement (Angel Oak Mortgage REIT, Inc.), Master Repurchase Agreement (Angel Oak Mortgage, Inc.), Master Repurchase Agreement (Angel Oak Mortgage, Inc.)
Notices and Other Communications. Unless otherwise provided Paragraph 13 of the Agreement (“Notices and Other Communications”) is hereby deleted and replaced in its entirety by the following provisions of this Agreement, all Section 16: All notices, consents, approvals and requests required or permitted hereunder shall be given in writing and shall be effective for all purposes if hand delivered or sent by (a) hand delivery, with proof of attempted delivery, (b) certified or registered United States mail, postage prepaid, (c) expedited prepaid delivery service, either commercial or United States Postal Service, with proof of attempted delivery, or (d) by electronic mail, telecopier (with answerback acknowledged); provided that, that such electronic mail telecopied notice must also be delivered by one of the means set forth in (a), (b) or (c) above unless the sender of such communication receives a verbal or electronic confirmation acknowledging receipt thereof (for the avoidance of doubt, any automatically generated email or any similar automatic response shall not constitute confirmation)above, to the address addresses specified in Exhibit I Annex II hereto or at such other address and person as shall be designated from time to time by any party hereto, as the case may be, in a written notice to the other parties hereto in the manner provided for in this Article 18Section 16. A notice shall be deemed to have been given: (xa) in the case of hand delivery, at the time of delivery, if on a Business Day, and otherwise on the next occurring Business Day, (yb) in the case of registered or certified mail or expedited prepaid deliverymail, when delivered, if delivered or the first attempted delivery on a Business Day, and otherwise on (c) in the next occurring Business Day, or case of expedited prepaid delivery upon the first attempted delivery on a Business Day Day; or (zd) in the case of electronic mailtelecopier, upon receipt of a verbal or electronic confirmation acknowledging receipt thereof (for the avoidance of doubtanswerback confirmation, any automatically generated email or any similar automatic response shall not constitute confirmation)provided that such telecopied notice was also delivered as required in this Section. A party receiving a notice that which does not comply with the technical requirements for notice under this Article 18 Section may elect to waive any deficiencies and treat the notice as having been properly given.
Appears in 4 contracts
Samples: Master Repurchase Agreement (Gramercy Capital Corp), Master Repurchase Agreement (Gramercy Capital Corp), Master Repurchase Agreement (Gramercy Capital Corp)
Notices and Other Communications. Unless otherwise provided in this Agreement, all notices, consents, approvals and requests required or permitted hereunder shall be given in writing and shall be effective for all purposes if hand delivered or sent by (a) hand delivery, with proof of delivery, (b) certified or registered United States mail, postage prepaid, (c) expedited prepaid delivery service, either commercial or United States Postal Service, with proof of delivery, delivery or (d) by electronic mail, telecopier (with answerback acknowledged) provided that, that such electronic mail telecopied notice must also be delivered by one of the means set forth in (a), (b) or (c) above unless the sender of such communication receives a verbal or electronic confirmation acknowledging receipt thereof (for the avoidance of doubt, any automatically generated email or any similar automatic response shall not constitute confirmation)above, to the address specified in Exhibit Annex I hereto or at such other address and person as shall be designated from time to time by any party hereto, as the case may be, in a written notice to the other parties hereto in the manner provided for in this Article 1814. A notice shall be deemed to have been given: (xw) in the case of hand delivery, at the time of delivery, if (x) in the case of registered or certified mail, when delivered or the first attempted delivery on a Business Day, and otherwise on the next occurring Business Day, (y) in the case of registered or certified mail or expedited prepaid delivery, when delivered, if on a Business Day, and otherwise on the next occurring Business Day, or delivery upon the first attempted delivery on a Business Day Day, or (z) in the case of electronic mailtelecopier, upon receipt of a verbal or electronic confirmation acknowledging receipt thereof (for the avoidance of doubtanswerback confirmation, any automatically generated email or any similar automatic response shall not constitute confirmation)provided that such telecopied notice was also delivered as required in this Article 14. A party receiving a notice that does not comply with the technical requirements for notice under this Article 18 14 may elect to waive any deficiencies and treat the notice as having been properly given.
Appears in 4 contracts
Samples: Master Repurchase Agreement (Capital Trust Inc), Master Repurchase Agreement (Capital Trust Inc), Master Repurchase Agreement (Capital Trust Inc)
Notices and Other Communications. Unless otherwise provided in this Agreement, all notices, consents, approvals and requests required or permitted hereunder shall be given in writing and shall be effective for all purposes if sent by (a) hand delivery, with proof of delivery, (b) certified or registered United States mail, postage prepaid, (c) expedited prepaid delivery service, either commercial or United States Postal Service, with proof of delivery, delivery or (d) by electronic mail, mail provided that, that such electronic mail notice must also be either (i) acknowledged as received via an electronic mail response or (ii) delivered by one of the means set forth in (a), (b) or (c) above unless the sender of such communication receives a verbal or electronic confirmation acknowledging receipt thereof (for the avoidance of doubt, any automatically generated email or any similar automatic response shall not constitute confirmation)above, to the address and person specified in Exhibit I hereto or at to such other address and person as shall be designated from time to time by any party hereto, as the case may be, hereto in a written notice to the other parties hereto in the manner provided for in this Article 1816. A notice shall be deemed to have been given: (xw) in the case of hand delivery, at the time of delivery, if (x) in the case of registered or certified mail, when delivered or the first attempted delivery on a Business Day, and otherwise on the next occurring Business Day, (y) in the case of registered or certified mail or expedited prepaid delivery, when delivered, if on a Business Day, and otherwise on the next occurring Business Day, or upon the first attempted delivery on a Business Day or (z) in the case of electronic mail, upon receipt of a verbal or an acknowledgement of receipt via electronic confirmation acknowledging receipt thereof (for the avoidance of doubtmail, any automatically generated email or any similar automatic response shall not constitute confirmation)provided that such electronic mail notice was also delivered as required in this Article 16. A party receiving a notice that does not comply with the technical requirements for notice under this Article 18 16 may elect to waive any deficiencies and treat the notice as having been properly given.
Appears in 3 contracts
Samples: Master Repurchase Agreement (Cim Real Estate Finance Trust, Inc.), Master Repurchase Agreement (Cim Real Estate Finance Trust, Inc.), Master Repurchase Agreement (Cim Real Estate Finance Trust, Inc.)
Notices and Other Communications. Unless otherwise provided in this Agreement, all notices, consents, approvals and requests required or permitted hereunder shall be given in writing and shall be effective for all purposes if delivered or sent by (a) hand delivery, with proof of attempted delivery, (b) certified or registered United States mail, postage prepaid, (c) expedited prepaid delivery service, either commercial or United States Postal Service, with proof of attempted delivery, or (d) by electronic mail, telecopy or email provided that, that such electronic mail telecopy or email notice must also be delivered by one of the means set forth in (a), (b) or (c) above unless the sender of such communication receives a verbal or electronic confirmation acknowledging receipt thereof (for the avoidance of doubt, any automatically generated email or any similar automatic response shall not constitute confirmation)above, to the address specified in Exhibit Annex I hereto or at such other address and person as shall be designated from time to time by any party hereto, as the case may be, in a written notice to the other parties hereto in the manner provided for in this Article 18Section 16. A notice shall be deemed to have been given: (xa) in the case of hand delivery, at the time of delivery, if on a Business Day, and otherwise on the next occurring Business Day, (yb) in the case of registered or certified mail or expedited prepaid deliverymail, when delivered, if delivered on a Business Day, and otherwise on the next occurring Business Day, or upon the first attempted delivery on a Business Day or (zc) in the case of electronic mailexpedited prepaid delivery upon delivery on a Business Day, or (d) in the case of telecopy or email, upon receipt delivery; provided that (i) such telecopy or email notice was also delivered by one of the means set forth in (a), (b) or (c) above (which may arrive after such telecopy or email), and (ii) the transmitting party did not receive an electronic notice of a verbal or electronic confirmation acknowledging receipt thereof (for the avoidance of doubt, any automatically generated email or any similar automatic response shall not constitute confirmation)transmission failure. A party receiving a notice that which does not comply with the technical requirements for notice under this Article 18 Section 16 may elect to waive any deficiencies and treat the notice as having been properly given.
Appears in 3 contracts
Samples: Master Repurchase Agreement, Master Repurchase Agreement (Blackstone Mortgage Trust, Inc.), Master Repurchase Agreement (Blackstone Mortgage Trust, Inc.)
Notices and Other Communications. Unless otherwise provided in this Agreement, all All notices, consents, approvals and requests required or permitted hereunder shall be given in writing and shall be effective for all purposes if hand delivered or sent by (a) hand delivery, with proof of attempted delivery, (b) certified or registered United States mail, postage prepaid, (c) expedited prepaid delivery service, either commercial or United States Postal Service, with proof of attempted delivery, or (d) by electronic mail, email (with confirmation of receipt by the receiving party); provided that, that such electronic mail email notice must also be delivered by one of the means set forth in clauses (a), (b) or (c) above unless the sender of such communication receives a verbal or electronic confirmation acknowledging receipt thereof (for the avoidance of doubt, any automatically generated email or any similar automatic response shall not constitute confirmation)above, to the address addresses specified in Exhibit Annex I hereto or at such other address and person as shall be designated from time to time by any party hereto, as the case may be, in a written notice to the other parties hereto in the manner provided for in this Article 18Section 16. A notice shall be deemed to have been given: (xi) in the case of hand delivery, at the time of delivery, if on a Business Day, and otherwise on the next occurring Business Day, ; (yii) in the case of registered or certified mail or expedited prepaid deliverymail, when delivered, if delivered or the first attempted delivery on a Business Day, and otherwise on ; (iii) in the next occurring Business Day, or case of expedited prepaid delivery upon the first attempted delivery on a Business Day Day; or (ziv) in the case of electronic mailemail, upon receipt of a verbal or electronic confirmation acknowledging receipt thereof (for the avoidance of doubt, any automatically generated email or any similar automatic response shall not constitute confirmation)receipt; provided that such emailed notice is also delivered as required in this Section 16. A party receiving a notice that does not comply with the technical requirements for notice under this Article 18 Section 16 may elect to waive any deficiencies and treat the such notice as having been properly given. Notwithstanding the foregoing, notices pursuant to Section 4 hereof may be sent by electronic mail to the e-mail addresses set forth on Annex I attached hereto; provided that such notice delivered by email shall be deemed to be given only upon receipt of confirmation of receipt by the receiving party.
Appears in 3 contracts
Samples: Tenth Omnibus Amendment to Transaction Documents (BrightSpire Capital, Inc.), Master Repurchase and Securities Contract Agreement (Colony Credit Real Estate, Inc.), Master Repurchase and Securities Contract Agreement (Colony NorthStar Credit Real Estate, Inc.)
Notices and Other Communications. Unless otherwise provided in this Agreement, all notices, consents, approvals and requests required or permitted hereunder shall be given in writing and shall be effective for all purposes if sent by (a) hand delivery, with proof of delivery, (b) certified or registered United States mail, postage prepaid, (c) expedited prepaid delivery service, either commercial or United States Postal Service, with proof of delivery, or (d) by electronic mail, provided that, such electronic mail notice must also be delivered by one email with proof of the means set forth in (a), (b) or (c) above unless the sender of such communication receives a verbal or electronic confirmation acknowledging receipt thereof (for the avoidance of doubt, any automatically generated email or any similar automatic response shall not constitute confirmation), delivery to the address specified in Exhibit Annex I hereto or at such other address and person as shall be designated from time to time by any party hereto, as the case may be, in a written notice to the other parties hereto in the manner provided for in this Article 18Section 17. A notice shall be deemed to have been given: (xa) in the case of hand delivery, at the time of delivery, if on a Business Day, and otherwise on the next occurring Business Day, (yb) in the case of registered or certified mail or expedited prepaid deliverymail, when delivered, if delivered or the first attempted delivery on a Business Day, and otherwise on (c) in the next occurring Business Day, or case of expedited prepaid delivery upon the first attempted delivery on a Business Day Day, or (zd) in the case of electronic mailemail, upon receipt of a verbal confirmation of transmission and delivery, respectively, provided that such telecopied notice or electronic confirmation acknowledging receipt thereof (for the avoidance of doubt, any automatically generated notice sent by email or any similar automatic response shall not constitute confirmation)was also delivered as required in this Section 17. A party receiving a notice that which does not comply with the technical requirements for notice under this Article 18 Section 17 may elect to waive any deficiencies and treat the notice as having been properly given.
Appears in 3 contracts
Samples: Master Repurchase Agreement (KKR Real Estate Finance Trust Inc.), Master Repurchase Agreement (KKR Real Estate Finance Trust Inc.), Master Repurchase Agreement (KKR Real Estate Finance Trust Inc.)
Notices and Other Communications. Unless otherwise provided in this Agreement, all notices, consents, approvals and requests required or permitted hereunder shall be given in writing and shall be effective for all purposes if sent delivered by email together with delivery by one of the following methods: (a) hand delivery, with proof of attempted delivery, (b) certified or registered United States mail, postage prepaid, or (c) expedited prepaid delivery service, either commercial or United States Postal Service, with proof of attempted delivery, or (d) by electronic mail, provided that, such electronic mail notice must also be delivered by one of the means set forth in (a), (b) or (c) above unless the sender of such communication receives a verbal or electronic confirmation acknowledging receipt thereof (for the avoidance of doubt, any automatically generated email or any similar automatic response shall not constitute confirmation), to the address specified in Exhibit Annex I hereto or at such other address and person as shall be designated from time to time by any party hereto, as the case may be, in a written notice to the other parties hereto in the manner provided for in this Article 18Section 16. A notice shall be deemed to have been given: given when delivered by email upon delivery, provided that (xi) such email notice was also delivered by one of the means set forth in (a), (b) or (c) above (which may arrive after such email), and (ii) the transmitting party did not receive an electronic notice of a transmission failure; provided, however, that if a party shall fail to deliver such email notice, notice shall nevertheless be deemed to be given (a) in the case of hand delivery, at the time of delivery, if on a Business Day, and otherwise on the next occurring Business Day, (yb) in the case of registered or certified mail or expedited prepaid deliverymail, when delivered, if delivered or the first attempted delivery on a Business Day, and otherwise on or (c) in the next occurring Business Day, or case of expedited prepaid delivery upon the first attempted delivery on a Business Day or (z) in the case of electronic mail, upon receipt of a verbal or electronic confirmation acknowledging receipt thereof (for the avoidance of doubt, any automatically generated email or any similar automatic response shall not constitute confirmation)Day. A party receiving a notice that which does not comply with the technical requirements for notice under this Article 18 Section 16 may elect to waive any deficiencies and treat the notice as having been properly given.
Appears in 2 contracts
Samples: Master Repurchase Agreement (Sutherland Asset Management Corp), Master Repurchase Agreement (Sutherland Asset Management Corp)
Notices and Other Communications. Unless otherwise provided in this Agreement, all notices, consents, approvals and requests required or permitted hereunder shall be given in writing and shall be effective for all purposes if sent by (a) hand delivery, with proof of delivery, (b) certified or registered United States mail, postage prepaid, (c) expedited prepaid delivery service, either commercial or United States Postal Service, with proof of delivery, or (d) by telecopier (with answerback acknowledged) provided that such telecopied notice must also be delivered by one of the means set forth in (a), (b) or (c) above, or (e) by electronic mail, mail provided that, that such electronic mail notice must also be delivered by one of the means set forth in (a), (b) or (c) above unless the sender of such communication receives a verbal or electronic confirmation acknowledging receipt thereof (for the avoidance of doubt, any automatically generated email or any similar automatic response shall not constitute confirmation)above, to the address specified in Exhibit I hereto or at such other address and person as shall be designated from time to time by any party hereto, as the case may be, in a written notice to the other parties hereto in the manner provided for in this Article 1816. A notice shall be deemed to have been given: (xv) in the case of hand delivery, at the time of delivery, if (w) in the case of registered or certified mail, when delivered or the first attempted delivery on a Business Day, and otherwise (x) in the case of expedited prepaid delivery upon the first attempted delivery on the next occurring a Business Day, (y) in the case of registered or certified mail or expedited prepaid deliverytelecopier, when deliveredupon receipt of answerback confirmation, if on a Business Day, and otherwise on the next occurring Business Day, or upon the first attempted delivery on a Business Day provided that such telecopied notice was also delivered as required in this Article 16 or (z) in the case of electronic mail, upon receipt of a verbal or electronic confirmation acknowledging communication confirming receipt thereof (for the avoidance of doubtthereof, any automatically generated email or any similar automatic response shall not constitute confirmation)provided that such electronic mail notice was also delivered as required in this Article 16. A party receiving a notice that does not comply with the technical requirements for notice under this Article 18 16 may elect to waive any deficiencies and treat the notice as having been properly given.
Appears in 2 contracts
Samples: Master Repurchase Agreement (RAIT Financial Trust), Master Repurchase Agreement (RAIT Financial Trust)
Notices and Other Communications. Unless otherwise provided in this Agreement, all notices, consents, approvals and requests required or permitted hereunder shall be given in writing and shall be effective for all purposes if sent by (a) hand delivery, with proof of delivery, (b) certified or registered United States mail, postage prepaid, (c) expedited prepaid delivery service, either commercial or United States Postal Service, with proof of delivery, or (d) by telecopier (with answerback acknowledged) provided that such telecopied notice must also be delivered by one of the means set forth in (a), (b) or (c) above OR (e) by electronic mail, mail provided that, that such electronic mail notice must also be delivered by one of the means set forth in (a), (b) or (c) above unless the sender of such communication receives a verbal or electronic confirmation acknowledging receipt thereof (for the avoidance of doubt, any automatically generated email or any similar automatic response shall not constitute confirmation)above, to the address specified in Exhibit Schedule I hereto or at such other address and person as shall be designated from time to time by any party hereto, as the case may be, in a written notice to the other parties hereto in the manner provided for in this Article 1816. A notice shall be deemed to have been given: (xv) in the case of hand delivery, at the time of delivery, if on a Business Day(w) in the case of registered or certified mail, and otherwise on when delivered, (x) in the next occurring Business Daycase of expedited prepaid delivery upon delivery, (y) in the case of registered or certified mail or expedited prepaid deliverytelecopier, when deliveredupon receipt of answerback confirmation, if on a Business Day, and otherwise on the next occurring Business Day, or upon the first attempted delivery on a Business Day provided that such telecopied notice was also delivered as required in this Article 16 or (z) in the case of electronic mail, upon receipt of a verbal or electronic confirmation acknowledging communication confirming receipt thereof (for the avoidance of doubtthereof, any automatically generated email or any similar automatic response shall not constitute confirmation)provided that such electronic mail notice was also delivered as required in this Article 16. A party receiving a notice that does not comply with the technical requirements for notice under this Article 18 16 may elect to waive any deficiencies and treat the notice as having been properly given.
Appears in 2 contracts
Samples: Master Repurchase Agreement (NewStar Financial, Inc.), Master Repurchase Agreement (NewStar Financial, Inc.)
Notices and Other Communications. Unless otherwise provided in this Agreement, all notices, consents, approvals and requests required or permitted hereunder shall be given in writing and shall be effective for all purposes if hand delivered or sent by (a) hand delivery, with proof of delivery, (b) certified or registered United States mail, postage prepaid, (c) expedited prepaid delivery service, either commercial or United States Postal Service, with proof of delivery, or (d) by electronic mail, provided that, such electronic mail notice must also be delivered by one email with proof of the means set forth in (a), (b) or (c) above unless the sender of such communication receives a verbal or electronic confirmation acknowledging receipt thereof (for the avoidance of doubt, any automatically generated email or any similar automatic response shall not constitute confirmation), delivery to the address specified in Exhibit Annex I hereto or at such other address and person as shall be designated from time to time by any party hereto, as the case may be, in a written notice to the other parties hereto in the manner provided for in this Article 18Section. A notice shall be deemed to have been given: (xa) in the case of hand delivery, at the time of delivery, if on a Business Day, and otherwise on the next occurring Business Day, (yb) in the case of registered or certified mail or expedited prepaid deliverymail, when delivered, if delivered or the first attempted delivery on a Business Day, and otherwise on (c) in the next occurring Business Day, or case of expedited prepaid delivery upon the first attempted delivery on a Business Day Day, or (zd) in the case of electronic mailemail, upon receipt of a verbal or electronic confirmation acknowledging receipt thereof (for the avoidance of doubttransmission and delivery, any automatically generated respectively, provided that such notice sent by email or any similar automatic response shall not constitute confirmation)was also delivered as required in this Section. A party receiving a notice that which does not comply with the technical requirements for notice under this Article 18 Section may elect to waive any deficiencies and treat the notice as having been properly given. Notwithstanding the foregoing, in the event that Seller directs Buyer to transfer funds pursuant to a Transaction or otherwise in accordance with Section 3 or 4 to an account or recipient other than Seller’s wiring instructions specified on Annex I, such direction shall be in writing (including in a Confirmation) and signed by two (2) authorized officers of Seller.
Appears in 2 contracts
Samples: Master Repurchase Agreement (Blackstone Mortgage Trust, Inc.), Master Repurchase Agreement (Blackstone Mortgage Trust, Inc.)
Notices and Other Communications. Unless otherwise provided in this Agreement, all notices, consents, approvals and requests required or permitted hereunder shall be given in writing and shall be effective for all purposes if hand delivered or sent by (a) hand delivery, with proof of delivery, (b) certified or registered United States mail, postage prepaid, (c) expedited prepaid delivery service, either commercial or United States Postal Service, with proof of delivery, delivery or (d) by electronic mail, telecopier (with answerback acknowledged) provided that, that such electronic mail telecopied notice must also be delivered by one of the means set forth in (a), (b) or (c) above unless the sender of such communication receives a verbal or electronic confirmation acknowledging receipt thereof (for the avoidance of doubt, any automatically generated email or any similar automatic response shall not constitute confirmation)above, to the address specified in Exhibit Annex I hereto or at such other address and person as shall be designated from time to time by any party hereto, as the case may be, in a written notice to the other parties hereto in the manner provided for in this Article 1816. A notice shall be deemed to have been given: (xw) in the case of hand delivery, at the time of delivery, if (x) in the case of registered or certified mail, when delivered or the first attempted delivery on a Business Day, and otherwise on the next occurring Business Day, (y) in the case of registered or certified mail or expedited prepaid delivery, when delivered, if on a Business Day, and otherwise on the next occurring Business Day, or delivery upon the first attempted delivery on a Business Day Day, or (z) in the case of electronic mailtelecopier, upon receipt of a verbal or electronic confirmation acknowledging receipt thereof (for the avoidance of doubtanswerback confirmation, any automatically generated email or any similar automatic response shall not constitute confirmation)provided that such telecopied notice was also delivered as required in this Article 16. A party receiving a notice that does not comply with the technical requirements for notice under this Article 18 may elect to waive any deficiencies and treat the notice as having been properly given.
Appears in 2 contracts
Samples: Master Repurchase Agreement (Capital Trust Inc), Master Repurchase Agreement (Capital Trust Inc)
Notices and Other Communications. Unless otherwise provided in this Agreement, all notices, consents, approvals and requests required or permitted hereunder shall be given in writing and shall be effective for all purposes if hand delivered or sent by (a) hand delivery, with proof of delivery, (b) certified or registered United States mail, postage prepaid, (c) expedited prepaid delivery service, either commercial or United States Postal Service, with proof of delivery, delivery or (d) by electronic mail, telecopier (with answerback acknowledged) provided that, that such electronic mail telecopied notice must also be delivered by one of the means set forth in (a)above, (b) or (ce) above unless the sender by e-mail with confirmation of such communication receives a verbal or electronic confirmation acknowledging receipt thereof (for the avoidance of doubt, any automatically generated email or any similar automatic response shall not constitute confirmation)delivery, to the address specified in Exhibit Annex I attached hereto or at such other address and person as shall be designated from time to time by any party hereto, as the case may be, in a written write notice to the other parties hereto in the manner provided for in this Article 1817. A notice shall be deemed to have been given: (xv) in the case of hand delivery, at the time of delivery, if (w) in the case of registered or certified mail, when delivered or the first attempted delivery on a Business Day, and otherwise (x) in the case of expedited prepaid delivery upon the first attempted delivery on the next occurring a Business Day, (y) in the case of registered or certified mail or expedited prepaid deliverytelecopier, when deliveredupon receipt of answerback confirmation, if on a Business Dayprovided that such telecopied notice was also delivered as required in this Article 17, and otherwise on the next occurring Business Day, or upon the first attempted delivery on a Business Day or (z) in the case of electronic e-mail, upon receipt confirmation of a verbal or electronic confirmation acknowledging receipt thereof (for the avoidance of doubt, any automatically generated email or any similar automatic response shall not constitute confirmation)delivery. A party receiving a notice that does not comply with the technical requirements for notice under this Article 18 17 may elect to waive in writing any deficiencies and treat the notice as having been properly given.
Appears in 2 contracts
Samples: Master Repurchase Agreement (Terra Property Trust, Inc.), Master Repurchase Agreement (Terra Secured Income Fund 5, LLC)
Notices and Other Communications. Unless otherwise provided in this Agreement, all notices, consents, approvals and requests required or permitted hereunder shall be given in writing and shall be effective for all purposes if hand delivered or sent by (a) hand delivery, with proof of attempted delivery, (b) certified or registered United States mail, postage prepaid, (c) expedited prepaid delivery service, either commercial or United States Postal Service, with proof of attempted delivery, or (d) by electronic mail, telecopier (with answerback acknowledged) or email provided that, that such electronic mail telecopied notice or notice sent by email must also be delivered by one of the means set forth in (a), (b) or (c) above unless the sender of such communication receives a verbal or electronic confirmation acknowledging receipt thereof (for the avoidance of doubt, any automatically generated email or any similar automatic response shall not constitute confirmation)above, to the address specified in Exhibit Annex I hereto or at such other address and person as shall be designated from time to time by any party hereto, as the case may be, in a written notice to the other parties hereto in the manner provided for in this Article 18Section. A notice shall be deemed to have been given: (xa) in the case of hand delivery, at the time of delivery, if on a Business Day, and otherwise on the next occurring Business Day, (yb) in the case of registered or certified mail or expedited prepaid deliverymail, when delivered, if delivered or the first attempted delivery on a Business Day, and otherwise on (c) in the next occurring Business Day, or case of expedited prepaid delivery upon the first attempted delivery on a Business Day Day, or (zd) in the case of electronic mailtelecopier or email, upon receipt of a verbal answerback confirmation or electronic confirmation acknowledging receipt thereof (for the avoidance of doubtupon transmission, any automatically generated respectively, provided that such telecopied notice or notice sent by email or any similar automatic response shall not constitute confirmation)was also delivered as required in this Section. A party receiving a notice that which does not comply with the technical requirements for notice under this Article 18 Section may elect to waive any deficiencies and treat the notice as having been properly given.
Appears in 2 contracts
Samples: Master Repurchase Agreement, Master Repurchase Agreement (NorthStar Real Estate Income Trust, Inc.)
Notices and Other Communications. Unless otherwise provided in this Agreement, all notices, consents, approvals and requests required or permitted hereunder shall be given in writing and shall be effective for all purposes if hand delivered or sent by (a) hand delivery, with proof of delivery, (b) certified or registered United States mail, postage prepaid, (c) expedited prepaid delivery service, either commercial or commercial, United States Postal ServiceService or Royal Mail, with proof of delivery, delivery or (d) by electronic mailemail, provided that, that such electronic mail emailed notice must also be delivered by one of the means set forth in (a), (b) or (c) above unless the sender of such communication receives a verbal or electronic confirmation acknowledging receipt thereof (for the avoidance of doubt, any automatically generated email or any similar automatic response shall not constitute confirmation)above, to the address specified in Exhibit Annex I hereto or at such other address and person as shall be designated from time to time by any party hereto, as the case may be, in a written notice to the other parties hereto in the manner provided for in this Article 1815. A notice shall be deemed to have been given: (xw) in the case of hand delivery, at the time of delivery, if (x) in the case of registered or certified mail, when delivered or the first attempted delivery on a Business Day, and otherwise on the next occurring Business Day, (y) in the case of registered or certified mail or expedited prepaid delivery, when delivered, if on a Business Day, and otherwise on the next occurring Business Day, or delivery upon the first attempted delivery on a Business Day Day, or (z) in the case of electronic mailemail, upon receipt of a verbal or electronic confirmation acknowledging receipt thereof (for the avoidance of doubtconfirmation, any automatically generated email or any similar automatic response shall not constitute confirmation)provided that such emailed notice was also delivered as required in this Article 15. A party receiving a notice that does not comply with the technical requirements for notice under this Article 18 15 may elect to waive any deficiencies and treat the notice as having been properly given.
Appears in 2 contracts
Samples: Master Repurchase Agreement (Blackstone Mortgage Trust, Inc.), Master Repurchase Agreement (Blackstone Mortgage Trust, Inc.)
Notices and Other Communications. Unless otherwise provided in this Agreement, all notices, consents, approvals and requests required or permitted hereunder shall be given in writing and shall be effective for all purposes if hand delivered or sent by (a) hand delivery, with proof of delivery, (b) certified or registered United States mail, postage prepaid, (c) expedited prepaid delivery service, either commercial or United States Postal Service, with proof of delivery, delivery or (d) by electronic mail, telecopier (with answerback acknowledged) provided that, that such electronic mail telecopied notice must also be delivered by one of the means set forth in (a), (b) or (c) above unless the sender of such communication receives a verbal or electronic confirmation acknowledging receipt thereof (for the avoidance of doubt, any automatically generated email or any similar automatic response shall not constitute confirmation)above, to the address specified in Exhibit Annex I hereto or at such other address and person as shall be designated from time to time by any party hereto, as the case may be, in a written notice to the other parties hereto in the manner provided for in this Article 18Article. A notice shall be deemed to have been given: (xw) in the case of hand delivery, at the time of delivery, if (x) in the case of registered or certified mail, when delivered or the first attempted delivery on a Business Day, and otherwise on the next occurring Business Day, (y) in the case of registered or certified mail or expedited prepaid delivery, when delivered, if on a Business Day, and otherwise on the next occurring Business Day, or delivery upon the first attempted delivery on a Business Day Day, or (z) in the case of electronic mailtelecopier, upon receipt of a verbal or electronic confirmation acknowledging receipt thereof (for the avoidance of doubtanswerback confirmation, any automatically generated email or any similar automatic response shall not constitute confirmation)provided that such telecopied notice was also delivered as required in this Article. A party receiving a notice that does not comply with the technical requirements for notice under this Article 18 may elect to waive any deficiencies and treat the notice as having been properly given.
Appears in 2 contracts
Samples: Master Repurchase Agreement (Capital Trust Inc), Master Repurchase Agreement (Dividend Capital Total Realty Trust Inc.)
Notices and Other Communications. Unless otherwise provided in this Agreement, all notices, consents, approvals and requests required or permitted hereunder under this Agreement shall be given in writing and shall be effective for all purposes if hand delivered or sent by (a) hand delivery, with proof of attempted delivery, (b) certified or registered United States mail, postage prepaid, (c) expedited prepaid delivery service, either commercial or United States Postal Service, with proof of attempted delivery, or (d) by electronic mail, email provided that, that such electronic mail email notice must also be delivered by one of the means set forth in (a), (b) or (c) above unless the sender of such communication receives a verbal or electronic confirmation acknowledging receipt thereof (for the avoidance of doubt, any automatically generated email or any similar automatic response shall not constitute confirmation)above, to the address specified given in Exhibit I hereto or at such other address and person as shall be designated from time to time by any party hereto, as the case may be, in a written notice to the other parties hereto in the manner provided for in this Article 18Section 12. A notice shall be deemed to have been given: (xa) in the case of hand delivery, at the time of delivery, if on a Business Day, and otherwise on the next occurring Business Day, (yb) in the case of registered or certified mail or expedited prepaid deliverymail, when delivered, if delivered or the first attempted delivery on a Business Day, and otherwise on (c) in the next occurring Business Day, or case of expedited prepaid delivery upon the first attempted delivery on a Business Day Day, or (zd) in the case of electronic mailemail, upon receipt of a verbal or electronic confirmation acknowledging receipt thereof (for the avoidance of doubtdelivery such email, any automatically generated provided that such email or any similar automatic response shall not constitute confirmation)notice was also delivered as required in this Section 12. A party receiving a notice that which does not comply with the technical requirements for notice under this Article 18 Section 12 may elect to waive any deficiencies and treat the notice as having been properly given. For avoidance of doubt, no consent or approval of Lender to any matter for which Borrower requests consent shall be effective, unless given in writing in accordance with the terms of this Section 12.
Appears in 2 contracts
Samples: Credit Agreement, Credit Agreement (TNP Strategic Retail Trust, Inc.)
Notices and Other Communications. Unless otherwise provided in this Agreement, all notices, consents, approvals and requests required or permitted hereunder shall be given in writing and shall be effective for all purposes if sent by (a) hand delivery, with proof of delivery, (b) certified or registered United States mail, postage prepaid, (c) expedited prepaid delivery service, either commercial or United States Postal Service, with proof of delivery, or (d) by electronic mail, telecopier (with answerback acknowledged) provided that, that such electronic mail telecopied notice must also be delivered by one of the means set forth in (a), (b) or (c) above unless the sender of such communication receives a verbal or electronic confirmation acknowledging receipt thereof (for the avoidance of doubt, any automatically generated email or any similar automatic response shall not constitute confirmation)above, to the address specified in Exhibit Annex I hereto or at such other address and person as shall be designated from time to time by any party hereto, as the case may be, in a written notice to the other parties hereto in the manner provided for in this Article 18Section. A copy of all notices, consents, approvals and requests directed to Seller (other than Confirmations) shall be delivered concurrently to the following: Paul, Hastings, Xxxxxxxx & Xxxxxx LLP, 00 Xxxx 00xx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000, Attention: Xxxxxx X. Xxxxxx, Esq. A notice shall be deemed to have been given: (xa) in the case of hand delivery, at the time of delivery, if on a Business Day, and otherwise on the next occurring Business Day, (yb) in the case of registered or certified mail or expedited prepaid deliverymail, when delivered, if delivered or the first attempted delivery on a Business Day, and otherwise on (c) in the next occurring Business Day, or case of expedited prepaid delivery upon the first attempted delivery on a Business Day Day, or (zd) in the case of electronic mailtelecopier, upon receipt of a verbal or electronic confirmation acknowledging receipt thereof (for the avoidance of doubtanswerback confirmation, any automatically generated email or any similar automatic response shall not constitute confirmation)provided that such telecopied notice was also delivered as required in this Section. A party receiving a notice that which does not comply with the technical requirements for notice under this Article 18 Section may elect to waive any deficiencies and treat the notice as having been properly given.
Appears in 2 contracts
Samples: Master Repurchase Agreement (Northstar Realty), Master Repurchase Agreement (Northstar Realty)
Notices and Other Communications. Unless otherwise provided in this Agreement, all notices, consents, approvals and requests required or permitted hereunder shall be given in writing and shall be effective for all purposes if sent by (a) hand delivery, with proof of delivery, (b) certified or registered United States mail, postage prepaid, (c) expedited prepaid delivery service, either commercial or United States Postal Service, with proof of delivery, or (d) by telecopier (with answerback acknowledged) provided that such telecopied notice must also be delivered by one of the means set forth in (a), (b) or (c) above, or (e) by electronic mail, mail provided that, that such electronic mail notice must also be delivered by one of the means set forth in (a), (b) or (c) above unless the sender of such communication receives a verbal or electronic confirmation acknowledging receipt thereof (for the avoidance of doubt, any automatically generated email or any similar automatic response shall not constitute confirmation)above, to the address and person specified in Exhibit I hereto or at to such other address and person as shall be designated from time to time by any party hereto, as the case may be, hereto in a written notice to the other parties hereto in the manner provided for in this Article 1816. A notice shall be deemed to have been given: (xv) in the case of hand delivery, at the time of delivery, (w) in the case of registered or certified mail, when delivered or, if refused, the first attempted delivery on a Business Day, and otherwise (x) in the case of expedited prepaid delivery, upon delivery or, if refused, the first attempted delivery on the next occurring a Business Day, (y) in the case of registered or certified mail or expedited prepaid deliverytelecopier, when deliveredupon receipt of answerback confirmation, if on a Business Day, and otherwise on the next occurring Business Day, or upon the first attempted delivery on a Business Day provided that such telecopied notice was also delivered as required in this Article 16 or (z) in the case of electronic mail, upon receipt of a verbal or electronic confirmation acknowledging communication confirming receipt thereof (for the avoidance of doubtthereof, any automatically generated email or any similar automatic response shall not constitute confirmation)provided that such electronic mail notice was also delivered as required in this Article 16. A party receiving a notice that does not comply with the technical requirements for notice under this Article 18 16 may elect to waive any deficiencies and treat the notice as having been properly given.
Appears in 2 contracts
Samples: Master Repurchase Agreement (Seven Hills Realty Trust), Master Repurchase Agreement (Tremont Mortgage Trust)
Notices and Other Communications. Unless otherwise provided in this Agreement, all notices, consents, approvals and requests required or permitted hereunder shall be given in writing and shall be effective for all purposes if sent by (a) hand delivery, with proof of delivery, (b) certified or registered United States mail, postage prepaid, (c) expedited prepaid delivery service, either commercial or United States Postal Service, with proof of delivery, or (d) by telecopier (with answerback acknowledged) provided that such telecopied notice must also be delivered by one of the means set forth in (a), (b) or (c) above, or (e) by electronic mail, mail provided that, that such electronic mail notice must also be delivered by one of the means set forth in (a), (b) or (c) above unless the sender of such communication receives a verbal or electronic confirmation acknowledging receipt thereof (for the avoidance of doubt, any automatically generated email or any similar automatic response shall not constitute confirmation)above, to the address specified in Exhibit I hereto or at such other address and person as shall be designated from time to time by any party hereto, as the case may be, in a written notice to the other parties hereto in the manner provided for in this Article 18. A notice shall be deemed to have been given: (xv) in the case of hand delivery, at the time of delivery, if (w) in the case of registered or certified mail, the Business Day when delivered or the first attempted delivery on a Business Day, and otherwise (x) in the case of expedited prepaid delivery upon the first attempted delivery on the next occurring a Business Day, (y) in the case of registered or certified mail or expedited prepaid deliverytelecopier, when deliveredupon receipt of answerback confirmation, if on a Business Day, and otherwise on the next occurring Business Day, or upon the first attempted delivery on a Business Day or (z) in the case of electronic mail, upon receipt of a verbal or electronic confirmation acknowledging communication confirming receipt thereof (for the avoidance of doubt, any automatically generated email or any similar automatic response shall not constitute confirmation)thereof. A party receiving a notice that does not comply with the technical requirements for notice under this Article 18 may elect to waive any deficiencies and treat the notice as having been properly given.
Appears in 1 contract
Samples: Master Repurchase Agreement (Colony Credit Real Estate, Inc.)
Notices and Other Communications. Unless otherwise provided Paragraph 13 of the Agreement ("Notices and Other Communications") is hereby deleted and replaced in its entirety by the following provisions of this Agreement, all Section 16: All notices, consents, approvals and requests required or permitted hereunder shall be given in writing and shall be effective for all purposes if hand delivered or sent by (a) hand delivery, with proof of attempted delivery, (b) certified or registered United States mail, postage prepaid, (c) expedited prepaid delivery service, either commercial or United States Postal Service, with proof of attempted delivery, or (d) by electronic mail, telecopier (with answerback acknowledged); provided that, that such electronic mail telecopied notice must also be delivered by one of the means set forth in (a), (b) or (c) above unless the sender of such communication receives a verbal or electronic confirmation acknowledging receipt thereof (for the avoidance of doubt, any automatically generated email or any similar automatic response shall not constitute confirmation)above, to the address addresses specified in Exhibit I Annex II hereto or at such other address and person as shall be designated from time to time by any party hereto, as the case may be, in a written notice to the other parties hereto in the manner provided for in this Article 18Section 16. A notice shall be deemed to have been given: (xa) in the case of hand delivery, at the time of delivery, if on a Business Day, and otherwise on the next occurring Business Day, (yb) in the case of registered or certified mail or expedited prepaid deliverymail, when delivered, if delivered or the first attempted delivery on a Business Day, and otherwise on (c) in the next occurring Business Day, or case of expedited prepaid delivery upon the first attempted delivery on a Business Day Day; or (zd) in the case of electronic mailtelecopier, upon receipt of a verbal or electronic confirmation acknowledging receipt thereof (for the avoidance of doubtanswerback confirmation, any automatically generated email or any similar automatic response shall not constitute confirmation)provided that such telecopied notice was also delivered as required in this Section. A party receiving a notice that which does not comply with the technical requirements for notice under this Article 18 Section may elect to waive any deficiencies and treat the notice as having been properly given.
Appears in 1 contract
Notices and Other Communications. Unless otherwise provided in this Agreement, all All notices, consents, approvals and requests required or permitted hereunder shall be given in writing and shall be effective for all purposes if hand delivered or sent by (a) hand delivery, with proof of attempted delivery, (b) certified or registered United States mail, postage prepaid, (c) expedited prepaid delivery service, either commercial or United States Postal Service, with proof of attempted delivery, or (d) by electronic mail, email with confirmation of delivery provided that, that such electronic mail emailed notice must also be delivered by one of the means set forth in (a), (b) or (c) above unless the sender of such communication receives a verbal or electronic confirmation acknowledging receipt thereof (for the avoidance of doubt, any automatically generated email or any similar automatic response shall not constitute confirmation)above, to the address specified in Exhibit Annex I hereto or at such other address and person as shall be designated from time to time by any party hereto, as the case may be, in a written notice to the other parties hereto in the manner provided for in this Article 18Section 17. A notice shall be deemed to have been given: (xw) in the case of hand delivery, at the time of delivery, if (x) in the case of registered or certified mail, when delivered or the first attempted delivery on a Business Day, and otherwise on the next occurring Business Day, (y) in the case of registered or certified mail or expedited prepaid delivery, when delivered, if on a Business Day, and otherwise on the next occurring Business Day, or delivery upon the first attempted delivery on a Business Day Day, or (z) in the case of electronic mailemail, upon receipt of a verbal or electronic confirmation acknowledging receipt thereof (for the avoidance of doubt, any automatically generated email or any similar automatic response shall not constitute confirmation)delivery; provided that such emailed notice was also delivered as required in this Section 17. A party receiving a notice that does not comply with the technical requirements for notice under this Article 18 Section 17 may elect to waive any deficiencies and treat the notice as having been properly given.
Appears in 1 contract
Samples: Master Repurchase Agreement (FS Credit Real Estate Income Trust, Inc.)
Notices and Other Communications. Unless otherwise expressly provided in this Agreement, all notices, consents, approvals and requests required or permitted hereunder shall be given in writing and shall be effective for all purposes if hand delivered or sent by (a) hand delivery, with proof of attempted delivery, (b) certified or registered United States mail, postage prepaid, (c) expedited prepaid delivery service, either commercial or United States Postal Service, with proof of attempted delivery, or (d) by electronic mail, telecopier (with answerback acknowledged) provided that, that such electronic mail telecopied notice must also be delivered by one of the means set forth in (a), (b) or (c) above unless the sender above, or (e) by email with confirmation of such communication receives a verbal or electronic confirmation acknowledging receipt thereof (for the avoidance of doubtdelivery, any automatically generated email or any similar automatic response shall not constitute confirmation)in each case, to the address specified in Exhibit Annex I hereto or at such other address and person as shall be designated from time to time by any party hereto, as the case may be, in a written notice to the other parties hereto in the manner provided for in this Article 18Section 17. A notice shall be deemed to have been given: (xv) in the case of hand delivery, at the time of delivery, if (w) in the case of registered or certified mail, when delivered or the first attempted delivery on a Business Day, and otherwise (x) in the case of expedited prepaid delivery upon the first attempted delivery on the next occurring a Business Day, (y) in the case of registered or certified mail or expedited prepaid deliverytelecopier, when deliveredupon receipt of answerback confirmation, if on a Business Day, and otherwise on the next occurring Business Day, or upon the first attempted delivery on a Business Day provided that such telecopied notice was also delivered as required in this Section 17 or (z) in the case of electronic mailemail, upon receipt of a verbal or electronic confirmation acknowledging receipt thereof (for by the avoidance of doubt, any automatically generated email or any similar automatic response shall not constitute confirmation)recipient thereof. A party receiving a notice that which does not comply with the technical requirements for notice under this Article 18 Section 17 may elect to waive any deficiencies and treat the notice as having been properly given.
Appears in 1 contract
Samples: Master Repurchase Agreement (Blackstone Mortgage Trust, Inc.)
Notices and Other Communications. Unless otherwise provided in this Agreement, all All notices, consents, approvals and requests required or permitted hereunder shall be given in writing and shall be effective for all purposes if hand delivered or sent by (a) hand delivery, with proof of attempted delivery, (b) certified or registered United States mail, postage prepaid, (c) expedited prepaid delivery service, either commercial or United States Postal Service, with proof of attempted delivery, or (d) by electronic mail, email (with confirmation of receipt by the receiving party); provided that, that such electronic mail email notice must also be delivered by one of the means set forth in clause (a), clause (b) or clause (c) above unless the sender of such communication receives a verbal or electronic confirmation acknowledging receipt thereof (for the avoidance of doubt, any automatically generated email or any similar automatic response shall not constitute confirmation)above, to the address addresses specified in Exhibit Annex I hereto or at such other address and person as shall be designated from time to time by any party hereto, as the case may be, in a written notice to the other parties hereto in the manner provided for in this Article 18Section 16. A notice shall be deemed to have been given: (xw) in the case of hand delivery, at the time of delivery, if on a Business Day, and otherwise on the next occurring Business Day, ; (yx) in the case of registered or certified mail or expedited prepaid deliverymail, when delivered, if delivered or the first attempted delivery on a Business Day, and otherwise on ; (y) in the next occurring Business Day, or case of expedited prepaid delivery upon the first attempted delivery on a Business Day Day; or (z) in the case of electronic mailemail, upon receipt of a verbal confirmation or electronic confirmation acknowledging receipt thereof (for the avoidance of doubt, any automatically generated email or any similar automatic response shall not constitute confirmation)receipt; provided that such emailed notice is also delivered as required in this Section 16. A party receiving a notice that does not comply with the technical requirements for notice under this Article 18 Section 16 may elect to waive any deficiencies and treat the such notice as having been properly given. Notwithstanding the foregoing, notices pursuant to Section 4 hereof may be sent by electronic mail to the email addresses set forth on Annex I attached hereto; provided that such notice delivered by email shall be deemed to be given only upon receipt of confirmation of receipt by the receiving party.
Appears in 1 contract
Samples: Master Repurchase and Securities Contract Agreement (LoanCore Realty Trust, Inc.)
Notices and Other Communications. (a) Unless otherwise provided in this Agreement, all notices, consents, approvals and requests required or permitted hereunder shall be given in writing and shall be effective for all purposes if sent by (ai) hand delivery, with proof of delivery, (bii) certified or registered United States mail, postage prepaid, (ciii) expedited prepaid delivery service, either commercial or United States Postal ServiceService or Royal Mail, with proof of delivery, or (div) by electronic mail, provided that, such electronic mail notice must also be delivered by one of the means set forth in (a), (b) or (c) above unless the sender of such communication receives a verbal or electronic confirmation acknowledging receipt thereof (for the avoidance of doubt, any automatically generated email or any similar automatic response shall not constitute confirmation), to the address specified in Exhibit I hereto or at such other address and person as shall be designated from time to time by any party heretothe respective notice party, as the case may be, in a written notice to the other parties listed on Exhibit I hereto in the manner provided for in this Article 18; provided, however, at least one of the individuals identified in clause (i) of the definition of “Knowledge” shall be an “attention” party for notices to any Seller. A notice shall be deemed to have been given: (x) in the case of hand delivery, at the time of delivery, if on a Business Day, and otherwise on the next occurring Business Day, (y) in the case of registered or certified mail or expedited prepaid delivery, when delivered, if on a Business Day, and otherwise on the next occurring Business Day, or upon the first attempted delivery on a Business Day or (z) in the case of electronic mail, upon receipt of a verbal or electronic confirmation acknowledging receipt thereof (for the avoidance of doubt, any automatically generated email or any similar automatic response shall not constitute confirmation). A party receiving a notice that does not comply with the technical requirements for notice under this Article 18 may elect to waive any deficiencies and treat the notice as having been properly given. Notwithstanding the foregoing, in the event that any Seller directs Purchaser to transfer funds pursuant to a Transaction or otherwise in accordance with Article 3 to an account or recipient other than such Seller’s wiring instructions specified on Annex I, such direction shall be in writing (including in a Confirmation) and signed by two (2) Responsible Officers of such Seller; provided, however, that neither Purchaser nor Collateral Agent shall have any duty to confirm that any such request has been signed by the requisite number of Responsible Officers of such Seller and shall not be liable to such Seller if it acts on a request that has not been signed by the requisite number of Responsible Officers of such Seller or at all.
(b) All notices and other communications to be delivered by Purchaser under the Transaction Documents may be given by Collateral Agent on its behalf. All notices and other communications by Purchaser or Seller to any other Person under the Transaction Documents shall be copied to Collateral Agent.
Appears in 1 contract
Samples: Master Repurchase Agreement (Blackstone Mortgage Trust, Inc.)
Notices and Other Communications. Unless otherwise provided in this Agreement, all All notices, consents, approvals and requests required or permitted hereunder shall be given in writing and shall be effective for all purposes if hand delivered or sent by (a) hand delivery, with proof of attempted delivery, (b) certified or registered United States mail, postage prepaid, (c) expedited prepaid delivery service, either commercial or United States Postal Service, with proof of attempted delivery, or (d) by electronic mail, email (with confirmation of receipt by the receiving party); provided that, other than email notices with respect to communications under this Agreement related to (1) deliveries in connection with Buyer due diligence inspections of the Purchased Assets, (2) requests for Transactions (including Future Advance Purchases, (3) notices of partial prepayments or draws on Margin Excess (including Future Advance Purchases), (4) the delivery of Confirmations, (5) notices of early repurchases, (6) deliveries of financial statements or other reporting required under this Agreement and (7) notices requesting consent for Significant Modifications, which will not require any further notice upon confirmation of receipt by the receiving party, such electronic mail email notice must also be delivered by one of the means set forth in clauses (a), (b) or (c) above unless the sender of such communication receives a verbal or electronic confirmation acknowledging receipt thereof (for the avoidance of doubt, any automatically generated email or any similar automatic response shall not constitute confirmation)above, to the address addresses specified in Exhibit Annex I hereto or at such other address and person as shall be designated from time to time by any party hereto, as the case may be, in a written notice to the other parties hereto in the manner provided for in this Article 18Section 16. A notice shall be deemed to have been given: (xi) in the case of hand delivery, at the time of delivery, if on a Business Day, and otherwise on the next occurring Business Day, ; (yii) in the case of registered or certified mail or expedited prepaid deliverymail, when delivered, if delivered or the first attempted delivery on a Business Day, and otherwise on ; (iii) in the next occurring Business Day, or case of expedited prepaid delivery upon the first attempted delivery on a Business Day Day; or (ziv) in the case of electronic mailemail, upon receipt of a verbal confirmation or electronic confirmation acknowledging receipt thereof (for the avoidance of doubt, any automatically generated email or any similar automatic response shall not constitute confirmation)receipt; provided that such emailed notice is also delivered as required in this Section 16. A party receiving a notice that does not comply with the technical requirements for notice under this Article 18 Section 16 may elect to waive any deficiencies and treat the such notice as having been properly given. Notwithstanding the foregoing, notices pursuant to Section 4 hereof may be sent by electronic mail to the email addresses set forth on Annex I attached hereto; provided that such notice delivered by email shall be deemed to be given only upon receipt of confirmation of receipt by the receiving party.
Appears in 1 contract
Samples: Master Repurchase and Securities Contract Agreement (TPG RE Finance Trust, Inc.)
Notices and Other Communications. Unless otherwise provided in this Agreement, all notices, consents, approvals and requests required or permitted hereunder shall be given in writing and shall be effective for all purposes if sent by (a) hand delivery, with proof of delivery, (b) certified or registered United States mail, postage prepaid, (c) expedited prepaid delivery service, either commercial or United States Postal Service, with proof of delivery, or (d) by electronic mail, provided that, other than with respect to day-to-day notices delivered under this Agreement and other than with respect to any notices delivered under Article 12(a), such electronic mail notice must also be delivered by one of the means set forth in (a), (b) ), or (c) above unless the sender of such communication receives a verbal or electronic confirmation acknowledging receipt thereof (for the avoidance of doubt, any automatically generated email or any similar automatic response shall not constitute confirmation), to the address specified in Exhibit I hereto or at such other address and person as shall be designated from time to time by any party hereto, as the case may be, in a written notice to the other parties hereto in the manner provided for in this Article 18. A notice shall be deemed to have been given: (x) in the case of hand delivery, at the time of delivery, if on a Business Day, and otherwise on the next occurring Business Day, (y) in the case of registered or certified mail or expedited prepaid delivery, when delivered, if on a Business Day, and otherwise on the next occurring Business Day, or upon the first attempted delivery on a Business Day or (z) in the case of electronic mail, upon receipt of a verbal or electronic confirmation acknowledging receipt thereof (for the avoidance of doubt, any automatically generated email or any similar automatic response shall not constitute confirmation). A party receiving a notice that does not comply with the technical requirements for notice under this Article 18 may elect to waive any deficiencies and treat the notice as having been properly given.
Appears in 1 contract
Samples: Master Repurchase Agreement (Colony NorthStar Credit Real Estate, Inc.)
Notices and Other Communications. Unless otherwise provided in this Agreement, all notices, consents, approvals and requests required or permitted hereunder shall be given in writing and shall be effective for all purposes if hand delivered or sent by (a) hand delivery, with proof of delivery, (b) certified or registered United States mail, postage prepaid, (c) expedited prepaid delivery service, either commercial or United States Postal Service, with proof of delivery, delivery or (d) by electronic mail, telecopier (with answerback acknowledged) provided that, that such electronic mail telecopied notice must also be delivered by one of the means set forth in (a), (b) or (c) above unless the sender of such communication receives a verbal or electronic confirmation acknowledging receipt thereof (for the avoidance of doubt, any automatically generated email or any similar automatic response shall not constitute confirmation)above, to the address specified in Exhibit Annex I hereto or at such other address and person as shall be designated from time to time by any party hereto, as the case may be, in a written notice to the other parties hereto in the manner provided for in this Article 1815. A notice shall be deemed to have been given: (xw) in the case of hand delivery, at the time of delivery, if (x) in the case of registered or certified mail, when delivered or the first attempted delivery on a Business Day, and otherwise on the next occurring Business Day, (y) in the case of registered or certified mail or expedited prepaid delivery, when delivered, if on a Business Day, and otherwise on the next occurring Business Day, or delivery upon the first attempted delivery on a Business Day Day, or (z) in the case of electronic mailtelecopier, upon receipt of a verbal or electronic confirmation acknowledging receipt thereof (for the avoidance of doubtanswerback confirmation, any automatically generated email or any similar automatic response shall not constitute confirmation)provided that such telecopied notice was also delivered as required in this Article 15. A party receiving a notice that does not comply with the technical requirements for notice under this Article 18 15 may elect to waive any deficiencies and treat the notice as having been properly given.
Appears in 1 contract
Samples: Master Repurchase Agreement (ARC Realty Finance Trust, Inc.)
Notices and Other Communications. Unless otherwise provided in this Agreement, all All notices, consents, approvals and requests required or permitted hereunder shall be given in writing and shall be effective for all purposes if hand delivered or sent by (a1) hand delivery, with proof of attempted delivery, (b1) certified or registered United States mail, postage prepaid, (c1) expedited prepaid delivery service, either commercial or United States Postal Service, with proof of attempted delivery, or (d1) by electronic mail, email (with confirmation of receipt by the receiving party); provided that, that such electronic mail email notice must also be delivered by one of the means set forth in clauses (a), (b) or (c) above unless the sender of such communication receives a verbal or electronic confirmation acknowledging receipt thereof (for the avoidance of doubt, any automatically generated email or any similar automatic response shall not constitute confirmation)above, to the address addresses specified in Exhibit Annex I hereto or at such other address and person as shall be designated from time to time by any party hereto, as the case may be, in a written notice to the other parties hereto in the manner provided for in this Article 18Section 16. A notice shall be deemed to have been given: (x1) in the case of hand delivery, at the time of delivery, if on a Business Day, and otherwise on the next occurring Business Day, ; (y1) in the case of registered or certified mail or expedited prepaid deliverymail, when delivered, if delivered or the first attempted delivery on a Business Day, and otherwise on ; (1) in the next occurring Business Day, or case of expedited prepaid delivery upon the first attempted delivery on a Business Day Day; or (z1) in the case of electronic mailemail, upon receipt of a verbal confirmation or electronic confirmation acknowledging receipt thereof (for the avoidance of doubt, any automatically generated email or any similar automatic response shall not constitute confirmation)receipt; provided that such emailed notice is also delivered as required in this Section 16. A party receiving a notice that does not comply with the technical requirements for notice under this Article 18 Section 16 may elect to waive any deficiencies and treat the such notice as having been properly given. Notwithstanding the foregoing, notices pursuant to Section 4 hereof may be sent by electronic mail to the e-mail addresses set forth on Annex I attached hereto; provided that such notice delivered by email shall be deemed to be given only upon receipt of confirmation of receipt by the receiving party.
Appears in 1 contract
Samples: Master Repurchase and Securities Contract Agreement (NorthStar Real Estate Income Trust, Inc.)
Notices and Other Communications. Unless otherwise provided in this Agreement, all notices, consents, approvals and requests required or permitted hereunder shall be given in writing and shall be effective for all purposes if hand delivered or sent by (a) hand delivery, with proof of delivery, (b) certified or registered United States mail, postage prepaid, (c) expedited prepaid delivery service, either commercial or United States Postal Service, with proof of delivery, delivery or (d) by electronic mail, telecopier (with answerback acknowledged) provided that, that such electronic mail telecopied notice must also be delivered by one of the means set forth in (a), (b) or (c) above unless the sender of such communication receives a verbal or electronic confirmation acknowledging receipt thereof (for the avoidance of doubt, any automatically generated email or any similar automatic response shall not constitute confirmation)above, to the address specified in Exhibit Annex I hereto or at such other address and person as shall be designated from time to time by any party hereto, as the case may be, in a written notice to the other parties hereto in the manner provided for in this Article 1816. A notice shall be deemed to have been given: (xw) in the case of hand delivery, at the time of delivery, if (x) in the case of registered or certified mail, when delivered or the first attempted delivery on a Business Day, and otherwise on the next occurring Business Day, (y) in the case of registered or certified mail or expedited prepaid delivery, when delivered, if on a Business Day, and otherwise on the next occurring Business Day, or delivery upon the first attempted delivery on a Business Day Day, or (z) in the case of electronic mailtelecopier, upon receipt of a verbal or electronic confirmation acknowledging receipt thereof (for the avoidance of doubtanswerback confirmation, any automatically generated email or any similar automatic response shall not constitute confirmation)provided that such telecopied notice was also delivered as required in this Article 16. A party receiving a notice that does not comply with the technical requirements for notice under this Article 18 16 may elect to waive any deficiencies and treat the notice as having been properly given.
Appears in 1 contract
Notices and Other Communications. Unless otherwise provided in this Agreement, all notices, consents, approvals approvals, requests and requests other communications required or permitted to be given to a Party hereunder shall be given in writing and shall be effective for all purposes if sent prepaid by (a) hand delivery, with proof of delivery, (b) by certified or registered United States mail, postage prepaid, (c) by expedited prepaid commercial or postal delivery service, either commercial or United States Postal Service, with proof of delivery, by facsimile or (d) by electronic mail, provided that, such electronic mail notice must email if also be delivered sent by one of the means set forth foregoing, to the address for such Party specified in Annex 1 or such other address as such Party shall specify from time to time in a notice to the other Party. Without limitation of the foregoing, with respect to communications under this Agreement related to deliveries in connection with (ai) Buyer’s diligence reviews, (ii) requests for Transactions (including, without limitation, Additional Advances or Future Funding Transactions and partial repurchases), (biii) the delivery of Confirmations, (iv) notices in connection with Early Repurchase Dates, (v) the delivery of any financial statements or other financial reports, or (cvi) above unless requests for Buyer’s consent with respect to Material Modifications, email notice may be sent without the requirement of notice by any other method of delivery; provided, that such email notice shall not be deemed given if the sender of such communication email notice receives a verbal reply indicating that the related message was not delivered to a recipient required as a notice party under Annex 1 or electronic confirmation acknowledging receipt thereof (for the avoidance of doubt, any automatically generated email or any similar automatic response shall not constitute confirmation), to the address specified in Exhibit I hereto or at such other address and person as such Party shall be designated specify from time to time by any party hereto, as the case may be, in a written notice to the other parties hereto in Party. Any of the manner provided for in this Article 18. A notice foregoing communications shall be deemed to have been given: (x) in the case of hand delivery, at the time of deliveryeffective when delivered, if such delivery occurs on a Business Day; otherwise, and otherwise each such communication shall be effective on the next occurring Business Day, (y) in the case of registered or certified mail or expedited prepaid delivery, when delivered, if on a Business Day, and otherwise on the next occurring Business Day, or upon the first attempted delivery on a Business Day or (z) in following the case date of electronic mail, upon receipt of a verbal or electronic confirmation acknowledging receipt thereof (for the avoidance of doubt, any automatically generated email or any similar automatic response shall not constitute confirmation)such delivery. A party Party receiving a notice that does not comply with the technical requirements for notice under of this Article 18 Section 18.12 may elect to waive any deficiencies and treat the notice as having been properly given.
Appears in 1 contract
Samples: Master Repurchase and Securities Contract (TPG RE Finance Trust, Inc.)
Notices and Other Communications. Unless otherwise provided in this Agreement, all notices, consents, approvals and requests required or permitted hereunder shall be given in writing and shall be effective for all purposes if sent by (a) hand delivery, with proof of delivery, (b) certified or registered United States mail, postage prepaid, (c) expedited prepaid delivery service, either commercial or United States Postal Service, with proof of delivery, or (d) by electronic mail, provided that, such electronic mail notice must also be delivered by one of the means set forth in (a), (b) or (c) above unless the sender of such communication receives a verbal or an electronic confirmation acknowledging receipt thereof (for the avoidance of doubt, any automatically generated email or any similar automatic response shall not constitute confirmation), to the address specified in Exhibit I hereto or at such other address and person as shall be designated from time to time by any party hereto, as the case may be, in a written notice to the other parties hereto in the manner provided for in this Article 1817. A notice shall be deemed to have been given: (x) in the case of hand delivery, at the time of delivery, if on a Business Day, and otherwise on the next occurring Business Day, (y) in the case of registered or certified mail or expedited prepaid delivery, when delivered, if on a Business Day, and otherwise on the next occurring Business Day, or upon the first attempted delivery on a Business Day or (z) in the case of electronic mail, upon receipt of a verbal or an electronic confirmation acknowledging receipt thereof (for the avoidance of doubt, any automatically generated email or any similar automatic response shall not constitute confirmation). A party receiving a notice that does not comply with the technical requirements for notice under this Article 18 17 may elect to waive any deficiencies and treat the notice as having been properly given.
Appears in 1 contract
Samples: Master Repurchase Agreement (Starwood Property Trust, Inc.)
Notices and Other Communications. Unless otherwise provided in this Agreement, all All notices, consents, approvals and requests required or permitted hereunder shall be given in writing and shall be effective for all purposes if hand delivered or sent by (a) hand delivery, with proof of attempted delivery, (b) certified or registered United States mail, postage prepaid, (c) expedited prepaid delivery service, either commercial or United States Postal Service, with proof of attempted delivery, or (d) by electronic mail, telecopier (with answerback acknowledged); provided that, that such electronic mail telecopied notice must also be delivered by one of the means set forth in (a), (b) or (c) above unless the sender of such communication receives a verbal or electronic confirmation acknowledging receipt thereof (for the avoidance of doubt, any automatically generated email or any similar automatic response shall not constitute confirmation)above, to the address addresses specified in Exhibit Annex I hereto or at such other address and person as shall be designated from time to time by any party hereto, as the case may be, in a written notice to the other parties hereto in the manner provided for in this Article 18Section 16. A notice shall be deemed to have been given: (xw) in the case of hand delivery, at the time of delivery, if on a Business Day, and otherwise on the next occurring Business Day, ; (yx) in the case of registered or certified mail or expedited prepaid deliverymail, when delivered, if delivered or the first attempted delivery on a Business Day, and otherwise on ; (y) in the next occurring Business Day, or case of expedited prepaid delivery upon the first attempted delivery on a Business Day Day; or (z) in the case of electronic mailtelecopier, upon receipt of a verbal or electronic confirmation acknowledging receipt thereof (for the avoidance of doubtanswerback confirmation, any automatically generated email or any similar automatic response shall not constitute confirmation)provided that such telecopied notice is also delivered as required in this Section 16. A party receiving a notice that does not comply with the technical requirements for notice under this Article 18 Section 16 may elect to waive any deficiencies and treat the such notice as having been properly given.. Notwithstanding the foregoing, notices pursuant to Section 4 may be sent by electronic mail to the e-mail addresses set forth on Annex I.
Appears in 1 contract
Samples: Master Repurchase Agreement (Starwood Property Trust, Inc.)
Notices and Other Communications. Unless otherwise provided Paragraph 13 of the Master Repurchase Agreement (“Notices and Other Communications”) is hereby deleted in its entirety and replaced by the following provisions of this Agreement, all Section 16: All notices, consents, approvals and requests required or permitted hereunder shall be given in writing and shall be effective for all purposes if hand delivered or sent by (a) hand delivery, with proof of attempted delivery, (b) certified or registered United States mail, postage prepaid, (c) expedited prepaid delivery service, either commercial or United States Postal Service, with proof of attempted delivery, or (d) by electronic mail, telecopier (with answerback acknowledged); provided that, that such electronic mail telecopied notice must also be delivered by one of the means set forth in (a), (b) or (c) above unless the sender of such communication receives a verbal or electronic confirmation acknowledging receipt thereof (for the avoidance of doubt, any automatically generated email or any similar automatic response shall not constitute confirmation)above, to the address addresses specified in Exhibit I Annex II hereto or at such other address and person as shall be designated from time to time by any party hereto, as the case may be, in a written notice to the other parties hereto in the manner provided for in this Article 18Section 16. A notice shall be deemed to have been given: (xw) in the case of hand delivery, at the time of delivery, if on a Business Day, and otherwise on the next occurring Business Day, ; (yx) in the case of registered or certified mail or expedited prepaid deliverymail, when delivered, if delivered or the first attempted delivery on a Business Day, and otherwise on ; (y) in the next occurring Business Day, or case of expedited prepaid delivery upon the first attempted delivery on a Business Day Day; or (z) in the case of electronic mailtelecopier, upon receipt of a verbal or electronic confirmation acknowledging receipt thereof (for the avoidance of doubtanswerback confirmation, any automatically generated email or any similar automatic response shall not constitute confirmation)provided that such telecopied notice is also delivered as required in this Section 16. A party receiving a notice that which does not comply with the technical requirements for notice under this Article 18 Section 16 may elect to waive any deficiencies and treat the such notice as having been properly given.
Appears in 1 contract
Notices and Other Communications. Unless otherwise provided in this Agreement, all notices, consents, approvals and requests required or permitted hereunder shall be given in writing and shall be effective for all purposes if hand delivered or sent by (a) hand delivery, with proof of delivery, (b) certified or registered United States mail, postage prepaid, (c) expedited prepaid delivery service, either commercial or United States Postal Service, with proof of delivery, or (d) by electronic mail, telecopier (with answerback acknowledged) provided that, that such electronic mail telecopied notice must also be delivered by one of the means set forth in (a)above, (b) or (ce) above unless the sender by e-mail with confirmation of such communication receives a verbal or electronic confirmation acknowledging receipt thereof (for the avoidance of doubt, any automatically generated email or any similar automatic response shall not constitute confirmation)delivery, to the address specified in Exhibit Annex I hereto or at such other address and person as shall be designated from time to time by any party hereto, as the case may be, in a written notice to the other parties hereto in the manner provided for in this Article 1816. A notice shall be deemed to have been given: (xv) in the case of hand delivery, at the time of delivery, if (w) in the case of registered or certified mail, when delivered or the first attempted delivery on a Business Day, and otherwise (x) in the case of expedited prepaid delivery upon the first attempted delivery on the next occurring a Business Day, (y) in the case of registered or certified mail or expedited prepaid deliverytelecopier, when deliveredupon receipt of answerback confirmation, if on a Business Dayprovided that such telecopied notice was also delivered as required in this Article 16, and otherwise on the next occurring Business Day, or upon the first attempted delivery on a Business Day or (z) in the case of electronic e-mail, upon receipt confirmation of a verbal or electronic confirmation acknowledging receipt thereof (for the avoidance of doubt, any automatically generated email or any similar automatic response shall not constitute confirmation)delivery. A party receiving a notice that does not comply with the technical requirements for notice under this Article 18 16 may elect to waive in writing any deficiencies and treat the notice as having been properly given.
Appears in 1 contract
Samples: Master Repurchase and Securities Contract Agreement (TPG RE Finance Trust, Inc.)
Notices and Other Communications. Unless otherwise provided in this Agreement, all notices, consents, approvals and requests required or permitted hereunder shall be given in writing and shall be effective for all purposes if hand delivered or sent by (a) hand delivery, with proof of attempted delivery, (b) certified or registered United States mail, postage prepaid, (c) expedited prepaid delivery service, either commercial or United States Postal Service, with proof of attempted delivery, or (d) by electronic mail, telecopier (with answerback acknowledged) provided that, that such electronic mail telecopied notice must also be delivered by one of the means set forth in (a), (b) or (c) above unless the sender of such communication receives a verbal or electronic confirmation acknowledging receipt thereof (for the avoidance of doubt, any automatically generated email or any similar automatic response shall not constitute confirmation)above, to the address specified in Exhibit Annex I hereto or at such other address and person as shall be designated from time to time by any party hereto, as the case may be, in a written notice to the other parties hereto in the manner provided for in this Article 18Section 17. A notice shall be deemed to have been given: (xa) in the case of hand delivery, at the time of delivery, if on a Business Day, and otherwise on the next occurring Business Day, (yb) in the case of registered or certified mail or expedited prepaid deliverymail, when delivered, if delivered or the first attempted delivery on a Business Day, and otherwise on (c) in the next occurring Business Day, or case of expedited prepaid delivery upon the first attempted delivery on a Business Day Day, or (zd) in the case of electronic mailtelecopier, upon receipt of a verbal or electronic confirmation acknowledging receipt thereof (for the avoidance of doubtanswerback confirmation, any automatically generated email or any similar automatic response shall not constitute confirmation)provided that such telecopied notice was also delivered as required in this Section 17. A party receiving a notice that which does not comply with the technical requirements for notice under this Article 18 Section 17 may elect to waive any deficiencies and treat the notice as having been properly given.
Appears in 1 contract
Samples: Master Repurchase Agreement (Ares Commercial Real Estate Corp)
Notices and Other Communications. Unless otherwise provided Paragraph 13 of the Agreement ("Notices and Other Communications") is hereby deleted and replaced in its entirety by the following provisions of this Agreement, all Section 16: All notices, consents, approvals and requests required or permitted hereunder shall be given in writing and shall be effective for all purposes if hand delivered or sent by (a) hand 55 delivery, with proof of attempted delivery, (b) certified or registered United States mail, postage prepaid, (c) expedited prepaid delivery service, either commercial or United States Postal Service, with proof of attempted delivery, or (d) by electronic mail, telecopier (with answerback acknowledged); provided that, that such electronic mail telecopied notice must also be delivered by one of the means set forth in (a), (b) or (c) above unless the sender of such communication receives a verbal or electronic confirmation acknowledging receipt thereof (for the avoidance of doubt, any automatically generated email or any similar automatic response shall not constitute confirmation)above, to the address addresses specified in Exhibit I Annex II hereto or at such other address and person as shall be designated from time to time by any party hereto, as the case may be, in a written notice to the other parties hereto in the manner provided for in this Article 18Section 16. A notice shall be deemed to have been given: (xa) in the case of hand delivery, at the time of delivery, if on a Business Day, and otherwise on the next occurring Business Day, (yb) in the case of registered or certified mail or expedited prepaid deliverymail, when delivered, if delivered or the first attempted delivery on a Business Day, and otherwise on (c) in the next occurring Business Day, or case of expedited prepaid delivery upon the first attempted delivery on a Business Day Day; or (zd) in the case of electronic mailtelecopier, upon receipt of a verbal or electronic confirmation acknowledging receipt thereof (for the avoidance of doubtanswerback confirmation, any automatically generated email or any similar automatic response shall not constitute confirmation)provided that such telecopied notice was also delivered as required in this Section. A party receiving a notice that which does not comply with the technical requirements for notice under this Article 18 Section may elect to waive any deficiencies and treat the notice as having been properly given.
Appears in 1 contract
Notices and Other Communications. Unless otherwise provided in this Agreement, all notices, consents, approvals and requests required or permitted hereunder shall be given in writing and shall be effective for all purposes if sent by (a) hand delivery, with proof of delivery, (b) certified or registered United States mail, postage prepaid, (c) expedited prepaid delivery service, either commercial or United States Postal Service, with proof of delivery, or (d) by electronic mail, provided that, such electronic mail notice must also be delivered by one of the means set forth in (a), (b) or (c) above unless the sender of such communication receives a verbal or electronic confirmation acknowledging receipt thereof (for the avoidance of doubt, any automatically generated email or any similar automatic response shall not constitute confirmation), to the address specified in Exhibit I hereto or at such other address and person as shall be designated from time to time by any party hereto, as the case may be, in a written notice to the other parties hereto in the manner provided for in this Article 18. A notice shall be deemed to have been given: (x) in the case of hand delivery, at the time of delivery, if on a Business Day, and otherwise on the next occurring Business Day, (y) in the case of registered or certified mail or expedited prepaid delivery, when delivered, if on a Business Day, and otherwise on the next occurring Business Day, or upon the first attempted delivery on a Business Day or (z) in the case of electronic mail, upon receipt of a verbal or electronic confirmation acknowledging receipt thereof (for the avoidance of doubt, any automatically generated email or any similar automatic response shall not constitute confirmation). A party receiving a notice that does not comply with the technical requirements for notice under this Article 18 may elect to waive any deficiencies and treat the notice as having been properly given.constitute
Appears in 1 contract
Samples: Master Repurchase Agreement (Cim Real Estate Finance Trust, Inc.)
Notices and Other Communications. Unless otherwise provided The provisions of Paragraph 13 of the Agreement are hereby modified and superseded in their respective entireties by the following provisions of this Agreement, all Section 16: All notices, consents, approvals and requests required or permitted hereunder shall be given in writing and shall be effective for all purposes if hand delivered or sent by (a) hand delivery, with proof of attempted delivery, (b) certified or registered United States mail, postage prepaid, (c) expedited prepaid delivery service, either commercial or United States Postal Service, with proof of attempted delivery, or (d) by electronic mail, telecopier (with answerback acknowledged) provided that, that such electronic mail telecopied notice must also be delivered by one of the means set forth in (a), (b) or (c) above unless the sender of such communication receives a verbal or electronic confirmation acknowledging receipt thereof (for the avoidance of doubt, any automatically generated email or any similar automatic response shall not constitute confirmation)above, to the address specified in Exhibit I Annex II hereto or at such other address and person as shall be designated from time to time by any party hereto, as the case may be, in a written notice to the other parties hereto in the manner provided for in this Article 18Section. A notice shall be deemed to have been given: (xa) in the case of hand delivery, at the time of delivery, if on a Business Day, and otherwise on the next occurring Business Day, (yb) in the case of registered or certified mail or expedited prepaid deliverymail, when delivered, if delivered or the first attempted delivery on a Business Day, and otherwise on (c) in the next occurring Business Day, or case of expedited prepaid delivery upon the first attempted delivery on a Business Day Day, or (zd) in the case of electronic mailtelecopier, upon receipt of a verbal or electronic confirmation acknowledging receipt thereof (for the avoidance of doubtanswerback confirmation, any automatically generated email or any similar automatic response shall not constitute confirmation)provided that such telecopied notice was also delivered as required in this Section. A party receiving a notice that which does not comply with the technical requirements for notice under this Article 18 Section may elect to waive any deficiencies and treat the notice as having been properly given.
Appears in 1 contract
Notices and Other Communications. Unless otherwise provided in under this Agreement, all notices, consents, approvals and requests required or permitted hereunder shall be given in writing and shall be effective for all purposes if hand delivered or sent by (a) hand delivery, with proof of attempted delivery, (b) certified or registered United States mail, postage prepaid, (c) expedited prepaid delivery service, either commercial or United States Postal Service, with proof of attempted delivery, or (d) by electronic mail, telecopier (with answerback acknowledged) provided that, that such electronic mail telecopied notice must also be delivered by one of the means set forth in (a), (b) or (c) above unless above, or (e) by email provided that such emailed notice must also be delivered by one of the sender of such communication receives a verbal means set forth in (a), (b) or electronic confirmation acknowledging receipt thereof (for the avoidance of doubt, any automatically generated email or any similar automatic response shall not constitute confirmation)c) above, to the address specified in Exhibit Annex I hereto or at such other address and person as shall be designated from time to time by any party hereto, as the case may be, in a written notice to the other parties hereto in the manner provided for in this Article 18Section 16. A notice shall be deemed to have been given: (xa) in the case of hand delivery, at the time of delivery, if on a Business Day, and otherwise on the next occurring Business Day, (yb) in the case of registered or certified mail or expedited prepaid deliverymail, when delivered, if delivered or the first attempted delivery on a Business Day, and otherwise on (c) in the next occurring Business Day, or case of expedited prepaid delivery upon the first attempted delivery on a Business Day or Day, (zd) in the case of electronic mailtelecopier, upon receipt of a verbal answerback confirmation, provided that such telecopied notice was also delivered as required in this Section 16 or electronic confirmation acknowledging receipt thereof (for e) in the avoidance case of doubtemail, any automatically generated email or any similar automatic response shall not constitute confirmation)upon delivery, provided that such emailed notice was also delivered as required in this Section 16. A party receiving a notice that which does not comply with the technical requirements for notice under this Article 18 Section 16 may elect to waive any deficiencies and treat the notice as having been properly given.
Appears in 1 contract
Samples: Master Repurchase and Securities Contract (Starwood Property Trust, Inc.)
Notices and Other Communications. Unless otherwise provided in this Agreement, all notices, consents, approvals and requests required or permitted hereunder shall be given in writing and shall be effective for all purposes if hand delivered or sent by (a) hand delivery, with proof of attempted delivery, (b) certified or registered United States mail, postage prepaid, (c) expedited prepaid delivery service, either commercial or United States Postal Service, with proof of attempted delivery, or (d) by telecopier (with answerback acknowledged) or other electronic mail, transmission provided that, that such telecopied or other electronic mail notice must also be delivered by one of the means set forth in (a), (b) or (c) above unless the sender of such communication receives a verbal or electronic confirmation acknowledging receipt thereof (for the avoidance of doubt, any automatically generated email or any similar automatic response shall not constitute confirmation)above, to the address specified in Exhibit Annex I hereto or at such other address and person as shall be designated from time to time by any party hereto, as the case may be, in a written notice to the other parties hereto in the manner provided for in this Article 18Section 17. A notice shall be deemed to have been given: (xa) in the case of hand delivery, at the time of delivery, if on a Business Day, and otherwise on the next occurring Business Day, (yb) in the case of registered or certified mail or expedited prepaid deliverymail, when delivered, if delivered or the first attempted delivery on a Business Day, and otherwise on (c) in the next occurring Business Day, or case of expedited prepaid delivery upon the first attempted delivery on a Business Day Day, or (zd) in the case of telecopier or other electronic mailtransmission, upon receipt of a verbal answerback confirmation or other receipt, provided that such telecopied or electronic confirmation acknowledging receipt thereof (for the avoidance of doubt, any automatically generated email or any similar automatic response shall not constitute confirmation)notice was also delivered as required in this Section 17. A party receiving a notice that which does not comply with the technical requirements for notice under this Article 18 Section may elect to waive any deficiencies and treat the notice as having been properly given.
Appears in 1 contract
Samples: Master Repurchase Agreement (CBRE Realty Finance Inc)
Notices and Other Communications. Unless otherwise provided in this Agreement, all notices, consents, approvals and requests required or permitted hereunder shall be given in writing and shall be effective for all purposes if sent by (a) hand delivery, with proof of delivery, (b) certified or registered United States mail, postage prepaid, (c) expedited prepaid delivery service, either commercial or United States Postal Service, with proof of delivery, or (d) by telecopier (with answerback acknowledged) provided that such telecopied notice must also be delivered by one of the means set forth in (a), (b) or (c) above, or (e) by electronic mail, mail provided that, that such electronic mail notice must also be delivered by one of the means set forth in (a), (b) or (c) above unless the sender of such communication receives a verbal or electronic confirmation acknowledging receipt thereof (for the avoidance of doubt, any automatically generated email or any similar automatic response shall not constitute confirmation)above, to the address specified in Exhibit I hereto or at such other address and person as shall be designated from time to time by any party hereto, as the case may be, in a written notice to the other parties hereto in the manner provided for in this Article 18. A notice shall be deemed to have been given: (xv) in the case of hand delivery, at the time of delivery, if (w) in the case of registered or certified mail, when delivered or the first attempted delivery on a Business Day, and otherwise (x) in the case of expedited prepaid delivery upon the first attempted delivery on the next occurring a Business Day, (y) in the case of registered or certified mail or expedited prepaid deliverytelecopier, when deliveredupon receipt of answerback confirmation, if on a Business Day, and otherwise on the next occurring Business Day, or upon the first attempted delivery on a Business Day provided that such telecopied notice was also delivered as required in this Article 18 or (z) in the case of electronic mail, upon receipt of a verbal or electronic confirmation acknowledging communication confirming receipt thereof (for the avoidance of doubtthereof, any automatically generated email or any similar automatic response shall not constitute confirmation)provided that such electronic mail notice was also delivered as required in this Article 18. A party receiving a notice that does not comply with the technical requirements for notice under this Article 18 may elect to waive any deficiencies and treat the notice as having been properly given.
Appears in 1 contract
Samples: Master Repurchase Agreement (Realty Finance Trust, Inc.)
Notices and Other Communications. Unless otherwise provided in this Agreement, all notices, consents, approvals and requests required or permitted hereunder shall be given in writing and shall be effective for all purposes if sent by (a) hand delivery, with proof of delivery, (b) certified or registered United States mail, postage prepaid, (c) expedited prepaid delivery service, either commercial or United States Postal Service, with proof of delivery, or (d) by electronic mail, provided that, other than with respect to (x) day to day notices delivered under this Agreement and (y) notices delivered under Article 12(a)(niT such electronic mail notice must also be delivered by one of the means set forth in (a), (b) or (c) above unless the sender of such communication receives a verbal or electronic confirmation acknowledging receipt thereof (for the avoidance of doubt, any automatically generated email or any similar automatic response shall not constitute confirmation), to the address specified in Exhibit I hereto or at such other address and person as shall be designated from time to time by any party hereto, as the case may be, in a written notice to the other parties hereto in the manner provided for in this Article 18. A notice shall be deemed to have been given: (x) in the case of hand delivery, at the time of delivery, if on a Business Day, and otherwise on the next occurring Business Day, (y) in the case of registered or certified mail or expedited prepaid delivery, when delivered, if on a Business Day, and otherwise on the next occurring Business Day, or upon the first attempted delivery on a Business Day or (z) in the case of electronic mail, upon receipt of a verbal or electronic confirmation acknowledging receipt thereof (for the avoidance of doubt, any automatically generated email or any similar automatic response shall not constitute confirmation). A party receiving a notice that does not comply with the technical requirements for notice under this Article 18 may elect to waive any deficiencies and treat the notice as having been properly given.
Appears in 1 contract
Samples: Master Repurchase Agreement (TPG RE Finance Trust, Inc.)
Notices and Other Communications. Unless otherwise provided in this Agreement, all notices, consents, approvals and requests required or permitted hereunder shall be given in writing and shall be effective for all purposes if hand delivered or sent by (a) hand delivery, with proof of attempted delivery, (b) certified or registered United States mail, postage prepaid, (c) expedited prepaid delivery service, either commercial or United States Postal Service, with proof of attempted delivery, or (d) by electronic mail, telecopy or email provided that, that such electronic mail telecopy or email notice must also be delivered by one of the means set forth in (a), (b) or (c) above unless the sender of such communication receives a verbal or electronic confirmation acknowledging receipt thereof (for the avoidance of doubt, any automatically generated email or any similar automatic response shall not constitute confirmation)above, to the address specified in Exhibit Annex I hereto or at such other address and person as shall be designated from time to time by any party hereto, as the case may be, in a written notice to the other parties hereto in the manner provided for in this Article 18Section 16. A notice shall be deemed to have been given: (xa) in the case of hand delivery, at the time of delivery, if on a Business Day, and otherwise on the next occurring Business Day, (yb) in the case of registered or certified mail or expedited prepaid deliverymail, when delivered, if delivered or the first attempted delivery on a Business Day, and otherwise on (c) in the next occurring Business Day, or case of expedited prepaid delivery upon the first attempted delivery on a Business Day Day, or (zd) in the case of electronic mailtelecopy or email, upon receipt delivery; provided that (i) such telecopy or email notice was also delivered by one of the means set forth in (a), (b) or (c) above (which may arrive after such telecopy or email), and (ii) the transmitting party did not receive an electronic notice of a verbal or electronic confirmation acknowledging receipt thereof (for the avoidance of doubt, any automatically generated email or any similar automatic response shall not constitute confirmation)transmission failure. A party receiving a notice that which does not comply with the technical requirements for notice under this Article 18 Section 16 may elect to waive any deficiencies and treat the notice as having been properly given.
Appears in 1 contract
Samples: Master Repurchase Agreement (LoanCore Realty Trust, Inc.)
Notices and Other Communications. Unless otherwise provided in this Agreement, all notices, consents, approvals and requests required or permitted hereunder shall be given in writing and shall be effective for all purposes if hand delivered or sent by (a) hand delivery, with proof of attempted delivery, (b) certified or registered United States mail, postage prepaid, (c) expedited prepaid delivery service, either commercial or United States Postal Service, with proof of attempted delivery, or (d) by electronic mail, telecopy or email provided that, that such electronic mail telecopy or email notice must also be delivered by one of the means set forth in (a), (b) or (c) above unless the sender of such communication receives a verbal or electronic confirmation acknowledging receipt thereof (for the avoidance of doubt, any automatically generated email or any similar automatic response shall not constitute confirmation)above, to the address specified in Exhibit Annex I hereto or at such other address and person as shall be designated from time to time by any party hereto, as the case may be, in a written notice to the other parties hereto in the manner provided for in this Article 18Section 16. A notice shall be deemed to have been given: (xa) in the case of hand delivery, at the time of delivery, if on a Business Day, and otherwise on the next occurring Business Day, (yb) in the case of registered or certified mail or expedited prepaid deliverymail, when delivered, if delivered on a Business Day, and otherwise on the next occurring Business Day, or upon the first attempted delivery on a Business Day or (zc) in the case of electronic mailexpedited prepaid delivery upon delivery on a Business Day, or (d) in the case of telecopy or email, upon receipt delivery; provided that (i) such telecopy or email notice was also delivered by one of the means set forth in (a), (b) or (c) above (which may arrive after such telecopy or email), and (ii) the transmitting party did not receive an electronic notice of a verbal or electronic confirmation acknowledging receipt thereof (for the avoidance of doubt, any automatically generated email or any similar automatic response shall not constitute confirmation)transmission failure. A party receiving a notice that which does not comply with the technical requirements for notice under this Article 18 Section 16 may elect to waive any deficiencies and treat the notice as having been properly given.
Appears in 1 contract
Samples: Master Repurchase Agreement (Resource Capital Corp.)
Notices and Other Communications. Unless otherwise provided in this Agreement, all All notices, consents, approvals and requests required or permitted hereunder shall be given in writing and shall be effective for all purposes if hand delivered or sent by (a) hand delivery, with proof of attempted delivery, (b) certified or registered United States mail, postage prepaid, (c) expedited prepaid delivery service, either commercial or United States Postal Service, with proof of attempted delivery, or (d) by electronic mailtelecopier (with answerback acknowledged) or (e) email, provided thatthat in the case of (d) or (e), such electronic mail telecopied or emailed notice must also be delivered by one of the means set forth in (a), (b) or (c) above unless the sender of such communication receives a verbal or electronic confirmation acknowledging receipt thereof (for the avoidance of doubt, any automatically generated email or any similar automatic response shall not constitute confirmation)above, to the address specified in Exhibit Annex I hereto or at such other address and person as shall be designated from time to time by any party hereto, as the case may be, in a written notice to the other parties hereto in the manner provided for in this Article 18Section 15. A notice shall be deemed to have been given: (xa) in the case of hand delivery, at the time of delivery, if on a Business Day, and otherwise on the next occurring Business Day, (yb) in the case of registered or certified mail or expedited prepaid deliverymail, when delivered, if delivered or the first attempted delivery on a Business Day, and otherwise on (c) in the next occurring Business Day, or case of expedited prepaid delivery upon the first attempted delivery on a Business Day Day, or (zd) in the case telecopier, upon receipt of answerback confirmation and (e) in the case of electronic mailemail, upon receipt when sent, (provided that sender does not receive any automatic message that such email is not deliverable) provided that in the case of a verbal (d) or electronic confirmation acknowledging receipt thereof (for the avoidance of doubte), any automatically generated email or any similar automatic response shall not constitute confirmation)such notice was also delivered as required in this Section 15. A party receiving a notice that which does not comply with the technical requirements for notice under this Article 18 Section 15 may elect to waive any deficiencies and treat the notice as having been properly given.
Appears in 1 contract
Samples: Master Repurchase and Securities Contract (Benefit Street Partners Realty Trust, Inc.)
Notices and Other Communications. Unless otherwise provided in this Agreement, all All notices, consents, approvals and requests required or permitted hereunder shall be given in writing and shall be effective for all purposes if hand delivered or sent by (a) hand delivery, with proof of attempted delivery, (b) certified or registered United States mail, postage prepaid, (c) expedited prepaid delivery service, either commercial or United States Postal Service, with proof of attempted delivery, or (d) by electronic mail, email (with confirmation of receipt by the receiving party); provided that, that such electronic mail email notice must also be delivered by one of the means set forth in (aclauses (a), (b(b) or (c(c) above unless the sender of such communication receives a verbal or electronic confirmation acknowledging receipt thereof (for the avoidance of doubt, any automatically generated email or any similar automatic response shall not constitute confirmation)above, to the address addresses specified in Exhibit Annex I hereto or at such other address and person as shall be designated from time to time by any party hereto, as the case may be, in a written notice to the other parties hereto in the manner provided for in this Article 18Section 16. A notice shall be deemed to have been given: (xi) in the case of hand delivery, at the time of delivery, if on a Business Day, and otherwise on the next occurring Business Day, ; (yii) in the case of registered or certified mail or expedited prepaid deliverymail, when delivered, if delivered or the first attempted delivery on a Business Day, and otherwise on ; (iii) in the next occurring Business Day, or case of expedited prepaid delivery upon the first attempted delivery on a Business Day Day; or (ziv) in the case of electronic mailemail, upon receipt of a verbal confirmation or electronic confirmation acknowledging receipt thereof (for the avoidance of doubt, any automatically generated email or any similar automatic response shall not constitute confirmation)receipt; provided that such emailed notice is also delivered as required in this Section 16. A party receiving a notice that does not comply with the technical requirements for notice under this Article 18 Section 16 may elect to waive any deficiencies and treat the such notice as having been properly given. Notwithstanding the foregoing, notices pursuant to Section 4 hereof may be sent by electronic mail to the email addresses set forth on Annex I attached hereto; provided that such notice delivered by email shall be deemed to be given only upon receipt of confirmation of receipt by the receiving party.
Appears in 1 contract
Samples: Master Repurchase and Securities Contract Agreement (Ares Commercial Real Estate Corp)
Notices and Other Communications. Unless otherwise provided in this Agreement, all notices, consents, approvals and requests required or permitted hereunder shall be given in writing and shall be effective for all purposes if sent by (a) hand delivery, with proof of delivery, (b) certified or registered United States mail, postage prepaid, (c) expedited prepaid delivery service, either commercial or United States Postal Service, with proof of delivery, or (d) by telecopier (with answerback acknowledged) provided that such telecopied notice must also be delivered by one of the means set forth in (a), (b) or (c) above, or (e) by electronic mail, mail provided that, that such electronic mail notice must also be delivered by one of the means set forth in (a), (b) or (c) above unless the sender of such communication receives a verbal or electronic confirmation acknowledging receipt thereof (for the avoidance of doubt, any automatically generated email or any similar automatic response shall not constitute confirmation)above, to the address specified in Exhibit I hereto or at such other address and person as shall be designated from time to time by any party hereto, as the case may be, in a written notice to the other parties hereto in the manner provided for in this Article 1817. A notice shall be deemed to have been given: (xv) in the case of hand delivery, at the time of delivery, if (w) in the case of registered or certified mail, when delivered or the first attempted delivery on a Business Day, and otherwise (x) in the case of expedited prepaid delivery upon the first attempted delivery on the next occurring a Business Day, (y) in the case of registered or certified mail or expedited prepaid deliverytelecopier, when deliveredupon receipt of answerback confirmation, if on a Business Day, and otherwise on the next occurring Business Day, or upon the first attempted delivery on a Business Day provided that such telecopied notice was also delivered as required in this Article 17 or (z) in the case of electronic mail, upon receipt of a verbal or electronic confirmation acknowledging communication confirming receipt thereof (for the avoidance of doubtthereof, any automatically generated email or any similar automatic response shall not constitute confirmation)provided that such electronic mail notice was also delivered as required in this Article 17. A party receiving a notice that does not comply with the technical requirements for notice under this Article 18 17 may elect to waive any deficiencies and treat the notice as having been properly given.
Appears in 1 contract
Samples: Master Repurchase Agreement (Fortress Credit Realty Income Trust)
Notices and Other Communications. Unless otherwise provided in this Agreement, all All notices, consents, approvals and requests required or permitted hereunder shall be given in writing and shall be effective for all purposes if hand delivered or sent by (a) hand delivery, with proof of attempted delivery, (b) certified or registered United States mail, postage prepaid, (c) expedited prepaid delivery service, either commercial or United States Postal Service, with proof of attempted delivery, or (d) by electronic mail, telecopier (with answerback acknowledged) provided that, that such electronic mail telecopied notice must also be delivered by one of the means set forth in (a), (b) or (c) above unless the sender of such communication receives a verbal or electronic confirmation acknowledging receipt thereof (for the avoidance of doubt, any automatically generated email or any similar automatic response shall not constitute confirmation)above, to the address specified in Exhibit Annex I hereto or at such other address and person as shall be designated from time to time by any party hereto, as the case may be, in a written notice to the other parties hereto in the manner provided for in this Article 18Section. A notice shall be deemed to have been given: (xa) in the case of hand delivery, at the time of delivery, if delivery on a Business Day, and otherwise on the next occurring Business Day, (yb) in the case of registered or certified mail or expedited prepaid deliverymail, when delivered, if delivered or the first attempted delivery on a Business Day, and otherwise on (c) in the next occurring Business Day, or case of expedited prepaid delivery upon the first attempted delivery on a Business Day Day, or (zd) in the case of electronic mailtelecopier, upon receipt of answerback confirmation on a verbal or electronic confirmation acknowledging receipt thereof (for the avoidance of doubtBusiness Day, any automatically generated email or any similar automatic response shall not constitute confirmation)provided that such telecopied notice was also delivered as required in this Section. A party receiving a notice that which does not comply with the technical requirements for notice under this Article 18 Section may elect to waive any deficiencies and treat the notice as having been properly given.
Appears in 1 contract
Notices and Other Communications. Unless otherwise provided in this Agreement, all notices, consents, approvals and requests required or permitted hereunder shall be given in writing and shall be effective for all purposes if sent by (a) hand delivery, with proof of delivery, (b) certified or registered United States mail, postage prepaid, (c) expedited prepaid delivery service, either commercial or United States Postal Service, Royal Mail or Australia Post, with proof of delivery, or (d) by electronic mail, provided that, other than with respect to day-to-day notices delivered under this Agreement and other than with respect to any notices delivered under Article 12(a), such electronic mail notice must also be delivered by one of the means set forth in (a), (b) ), or (c) above unless the sender of such communication receives a verbal or electronic confirmation acknowledging receipt thereof (for the avoidance of doubt, any automatically generated email or any similar automatic response shall not constitute confirmation), to the address specified in Exhibit I hereto 84 or at such other address and person as shall be designated from time to time by any party heretothe respective notice party, as the case may be, in a written notice to the other parties listed on Exhibit I hereto in the manner provided for in this Article 18; provided, however, at least one of the individuals identified in clause (i) of the definition of “Knowledge” shall be an “attention” party for notices to any Seller. A notice shall be deemed to have been given: (x) in the case of hand delivery, at the time of delivery, if on a Business Day, and otherwise on the next occurring Business Day, (y) in the case of registered or certified mail or expedited prepaid delivery, when delivered, if on a Business Day, and otherwise on the next occurring Business Day, or upon the first attempted delivery on a Business Day or (z) in the case of electronic mail, upon receipt of a verbal or electronic confirmation acknowledging receipt thereof (for the avoidance of doubt, any automatically generated email or any similar automatic response shall not constitute confirmation). A party receiving a notice that does not comply with the technical requirements for notice under this Article 18 may elect to waive any deficiencies and treat the notice as having been properly given. Notwithstanding the foregoing, in the event that any Seller directs any Purchaser to transfer funds pursuant to a Transaction or otherwise in accordance with Article 3 to an account or recipient other than such Seller’s wiring instructions specified on Annex I, such direction shall be in writing (including in a Confirmation) and signed by two (2) Responsible Officers of such Seller; provided, however, that none of any Purchaser or Realisation Agent shall have any duty to confirm that any such request has been signed by the requisite number of Responsible Officers of such Seller and shall not be liable to such Seller if it acts on a request that has not been signed by the requisite number of Responsible Officers of such Seller or at all.
Appears in 1 contract
Samples: Master Repurchase Agreement (Blackstone Mortgage Trust, Inc.)
Notices and Other Communications. Unless otherwise expressly provided in this Agreement, all notices, consents, approvals and requests required or permitted hereunder shall be given in writing and shall be effective for all purposes if hand delivered or sent by (a) hand delivery, with proof of attempted delivery, (b) certified or registered United States mail, postage prepaid, (c) expedited prepaid delivery service, either commercial or United States Postal Service, with proof of attempted delivery, or (d) by electronic mail, telecopier (with answerback acknowledged) provided that, that such electronic mail telecopied notice must also be delivered by one of the means set forth in (a), (b) or (c) above unless above, or (e) by email with confirmation of delivery, provided that such email notice must also be delivered by one of the sender means set forth in (a), (b) or (c) if the notice relates to a notice to extend the Facility Termination Date in accordance with Section 3(e) of such communication receives a verbal or electronic confirmation acknowledging receipt thereof (for the avoidance of doubtthis Agreement, any automatically generated email or any similar automatic response shall not constitute confirmation)in each case, to the address specified in Exhibit Annex I hereto or at such other address and person as shall be designated from time to time by any party hereto, as the case may be, in a written notice to the other parties hereto in the manner provided for in this Article 18Section 17. A notice shall be deemed to have been given: (xv) in the case of hand delivery, at the time of delivery, if on a Business Day, and otherwise on the next occurring Business Day, (yw) in the case of registered or certified mail or expedited prepaid deliverymail, when delivered, if delivered or the first attempted delivery on a Business Day, and otherwise on (x) in the next occurring Business Day, or case of expedited prepaid delivery upon the first attempted delivery on a Business Day Day, or (y) in the case of telecopier, upon receipt of answerback confirmation, provided that such telecopied notice was also delivered as required in this Section 17, and (z) in the case of electronic mailemail, upon receipt written or oral confirmation of a verbal or electronic confirmation acknowledging receipt thereof delivery (for the avoidance of doubt, any automatically other than by an automatic computer generated email or any similar automatic response shall not constitute confirmationresponse). A party receiving a notice that which does not comply with the technical requirements for notice under this Article 18 Section 17 may elect to waive any deficiencies and treat the notice as having been properly given.
Appears in 1 contract
Samples: Master Repurchase Agreement (Blackstone Mortgage Trust, Inc.)
Notices and Other Communications. Unless otherwise expressly provided in this Agreement, all notices, consents, approvals and requests required or permitted hereunder shall be given in writing and shall be effective for all purposes if hand delivered or sent by (a) hand delivery, with proof of attempted delivery, (b) certified or registered United States mail, postage prepaid, (c) expedited prepaid delivery service, either commercial or United States Postal Service, with proof of attempted delivery, or (d) by electronic mail, telecopier (with answerback acknowledged) provided that, that such electronic mail telecopied notice must also be delivered by one of the means set forth in (a), (b) or (c) above unless the sender above, or (e) by email with confirmation of such communication receives a verbal or electronic confirmation acknowledging receipt thereof (for the avoidance of doubtdelivery, any automatically generated email or any similar automatic response shall not constitute confirmation)in each case, to the address specified in Exhibit Annex I hereto or at such other address and person as shall be designated from time to time by any party hereto, as the case may be, in a written notice to the other parties hereto in the manner provided for in this Article 18Section 17. A notice shall be deemed to have been given: (xv) in the case of hand delivery, at the time of delivery, if (w) in the case of registered or certified mail, when delivered or the first attempted delivery on a Business Day, and otherwise (x) in the case of expedited prepaid delivery upon the first attempted delivery on the next occurring a Business Day, (y) in the case of registered or certified mail or expedited prepaid deliverytelecopier, when deliveredupon receipt of answerback confirmation, if on a Business Day, and otherwise on the next occurring Business Day, or upon the first attempted delivery on a Business Day provided that such telecopied notice was also delivered as required in this Section 17 or (z) in the case of electronic mailemail, upon transmission properly evidenced and with confirmation of receipt of a verbal or electronic confirmation acknowledging receipt thereof (for by the avoidance of doubt, any automatically generated email or any similar automatic response shall not constitute confirmation)receiving party. A party receiving a notice that which does not comply with the technical requirements for notice under this Article 18 Section 17 may elect to waive any deficiencies and treat the notice as having been properly given.
Appears in 1 contract
Samples: Master Repurchase Agreement (KKR Real Estate Finance Trust Inc.)
Notices and Other Communications. Unless otherwise provided in this Agreement, all notices, consents, approvals and requests required or permitted hereunder shall be given in writing and shall be effective for all purposes if sent delivered by email together with delivery by one of the following methods: (a) hand delivery, with proof of attempted delivery, (b) certified or registered United States mail, postage prepaid, or (c) expedited prepaid delivery service, either commercial or United States Postal Service, with proof of attempted delivery, or (d) by electronic mail, provided that, such electronic mail notice must also be delivered by one of the means set forth in (a), (b) or (c) above unless the sender of such communication receives a verbal or electronic confirmation acknowledging receipt thereof (for the avoidance of doubt, any automatically generated email or any similar automatic response shall not constitute confirmation), to the address specified in Exhibit Annex I hereto or at such other address and person as shall be designated from time to time by any party hereto, as the case may be, in a written notice to the other parties hereto in the manner provided for in this Article 18Section 16. A notice shall be deemed to have been given: given when delivered by email upon delivery, provided that (xi) such email notice was also delivered by one of the means set forth in (a), (b) or (c) above (which may arrive after such email), and (ii) the transmitting party did not receive an electronic notice of a transmission failure; provided, however, that if a party shall fail to deliver such email notice, notice shall nevertheless be deemed to be given (a) in the case of hand delivery, at the time of delivery, if on a Business Day, and otherwise on the next occurring Business Day, (yb) in the case of registered or certified mail or expedited prepaid deliverymail, when delivered, if delivered or the first attempted delivery on a Business Day, and otherwise on or (c) in the next occurring Business Day, or case of expedited prepaid delivery upon the first attempted delivery on a Business Day or (z) in the case of electronic mail, upon receipt of a verbal or electronic confirmation acknowledging receipt thereof (for the avoidance of doubt, any automatically generated email or any similar automatic response shall not constitute confirmation)Day. A party receiving a notice that which does not comply with the technical requirements for notice under this Article 18 Section 16 may elect to waive any deficiencies and treat the notice as having been properly given.
Appears in 1 contract