Common use of Notices and Other Communications Clause in Contracts

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 7 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.)

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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 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), Securities Contract Agreement, Master Repurchase (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, 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 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 (Resource Capital 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 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 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 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 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 3 contracts

Samples: Master Repurchase Agreement (Angel Oak Mortgage, Inc.), Master Repurchase Agreement (Angel Oak Mortgage, Inc.), Master Repurchase Agreement (Angel Oak Mortgage, Inc.)

Notices and Other Communications. Unless otherwise expressly provided in this Agreementherein, all notices, consents, approvals notices and requests required or permitted other communications provided for hereunder shall be given in writing (including by facsimile transmission and electronic mail) and delivered to such numbers or addresses set forth on the relevant signature blocks hereto or as given from each party to the other in writing from time to time; provided that electronic mail may be used only to distribute routine communications, such as financial statements and other information as provided in Section 5(b). All notices and other communications shall be deemed to be effective for all purposes upon receipt. The Lenders and the Agent shall be entitled to rely and act upon any notices purportedly given by or on behalf of the Borrower even if sent (i) such notices were not made in a manner specified herein, were incomplete or were not preceded or followed by (a) hand delivery, with proof any other form 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 deliverynotice specified herein, or (dii) the terms thereof, as understood by the recipient, varied from any confirmation thereof. The Borrower hereby acknowledges that certain of the Lenders (each, a “Public Lender”) may have personnel who do not wish to receive material non-public information LEGAL_US_E # 171549701.1171549701.5 with respect to the Borrower or its securities, and who may be engaged in investment and other market-related activities with respect to the Borrower’s securities. The Borrower hereby agrees that it will use commercially reasonable efforts to identify that portion of the materials and information provided by or on behalf of the Borrower hereunder and under the other Transaction Documents (collectively, “Borrower Materials”) that may be distributed to the Public Lenders and that (i) all such Borrower Materials shall be clearly and conspicuously marked “PUBLIC,” which, at a minimum, shall mean that the word “PUBLIC” shall appear prominently on the first page thereof; (ii) by electronic mail, provided that, such electronic mail notice must also be delivered by one of marking Borrower Materials “PUBLIC,” 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 Borrower shall be deemed to have been given: (x) in authorized the case Agent and the Lenders to treat such Borrower Materials as not containing any material non-public information with respect to the Borrower or its securities for purposes of hand delivery, at the time of delivery, if on a Business Day, U.S. federal 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 givenstate securities Laws.

Appears in 2 contracts

Samples: Credit Agreement (Terra Property Trust, Inc.), Credit Agreement (Terra Income Fund 6, 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 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 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 2 contracts

Samples: Bailee Agreement (Colony Credit Real Estate, Inc.), Master Repurchase and Securities Contract Agreement (Colony NorthStar Credit Real Estate, Inc.)

Notices and Other Communications. Unless All notices, demands, consents, requests and other communications required or permitted to be given or made hereunder (collectively, “Notices”), except as otherwise specifically 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 either (a) hand deliverydelivered in person, with proof of delivery, or (b) certified mailed, by certified, registered or registered United States express mail, postage prepaid, addressed to the respective parties hereto at their respective addresses specified below, (c) expedited sent in a prepaid overnight delivery serviceenvelope via a nationally-recognized courier service (such as Federal Express, either commercial United Parcel Service or United States Postal ServiceDHL Worldwide Express) that provides next-Business Day delivery service to the addressee’s location, with proof of delivery, or (d) by electronic mail, provided that, such electronic mail notice must also be delivered by one of faxed to their respective fax numbers (with a paper copy mailed the means same day as aforesaid) as hereinafter set forth in (a), (b) or (ce) above unless the sender of such communication receives emailed (with a verbal confirming fax for any funding request) and/or posted to an internet 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 intranet website and person acknowledged as shall be designated from time to time by received as hereinafter set forth; provided that any party hereto, as the case may be, change its address for notice by designating such party’s new address in a written notice Notice to the other parties hereto given at least five (5) Business Days before it shall become effective. All Notices shall be conclusively deemed to have been properly given or served when received in person, regardless of how sent. Regardless of when received, all Notices shall be conclusively deemed to have been properly given or served if addressed in accordance with this Section 22 and (i) if mailed, on the second (2nd) Business Day after being deposited in the manner mails, or (ii) if sent by nationally-recognized courier service, on the next Business Day, or (iii) if faxed before the close of business at the recipient’s location on a Business Day, when faxed, or if faxed after the close of business at the recipient’s location or on a day that is not a Business Day, on the next Business Day thereafter to the fax number set forth below (provided for in this Article 18. A that a paper copy is mailed on the same day as aforesaid), or (iv) if e-mailed, upon the sender’s receipt of an acknowledgement from the intended recipient (such as by the “return receipt requested” function, as available, return e-mail or other written acknowledgement), provided that if any such faxed or emailed notice or other communication is not sent during the normal business hours of the recipient, such notice or communication shall be deemed to have been given: (x) in the case of hand delivery, sent at the time opening of delivery, if on a Business Day, and otherwise business on the next occurring Business Day, (y) in business day for the case of registered or certified mail or expedited prepaid delivery, when delivered, if on a Business Dayrecipient, and otherwise on the next occurring Business Day, (v) notices or communications posted to an internet or intranet website shall be deemed received upon the first attempted delivery on a Business Day “receipt” by the intended recipient at its e-mail address as described in clause (iv) above of notification that such notice or communication is available and identifying the website address therefor: If to the Seller: SIRVA Mortgage, Inc. 0000 Xxx Xxxx Xxxx., Xxx. 000 Xxxxxxxxxxxx, XX 00000 Attention: Xxxx X. Xxxxxx, President Telephone: (z000) in 000-0000 Fax: (000) 000-0000 email: xxxx.xxxxxx@xxxxx.xxx If to the case of electronic mailBuyer: U.S. Bank National Association Mortgage Banking Services BC-MN-H03B 000 Xxxxxxxx Xxxx Xxxxxxxxxxx, upon receipt of a verbal or electronic confirmation acknowledging receipt thereof XX 00000 Attention: Xxxxx Xxxxxxxxxxx Telephone: (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.000) 000-0000 Fax: (000) 000-0000 email: xxxxx.xxxxxxxxxxx@xxxxxx.xxx

Appears in 2 contracts

Samples: Master Repurchase Agreement (Sirva Inc), Master Repurchase Agreement (Sirva 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: Bailee 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 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 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 All notices, demands, consents, requests and other communications required or permitted to be given or made hereunder (collectively, “Notices”), except as otherwise specifically 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 either (a) hand deliverydelivered in person, with proof of delivery, or (b) certified mailed, by certified, registered or registered United States express mail, postage prepaid, (c) expedited prepaid delivery serviceaddressed to the respective parties hereto at their respective addresses specified below, 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 sent in a prepaid overnight delivery envelope via a nationally-recognized courier service (such communication receives a verbal as Federal Express, United Parcel Service or electronic confirmation acknowledging receipt thereof (for the avoidance of doubt, any automatically generated email or any similar automatic response shall not constitute confirmation), DHL Worldwide Express) that provides weekday next-Business Day delivery service to the address specified in Exhibit I hereto addressee’s location, (d) faxed to their respective fax numbers (with a paper copy mailed the same day as aforesaid) as hereinafter set forth or at such other address (e) emailed (with a confirming fax for any funding request) and/or posted to an Internet or intranet website and person acknowledged as shall be designated from time to time by received as hereinafter set forth; provided that any party hereto, as the case may be, change its address for notice by designating such party’s new address in a written notice Notice to the other parties hereto given at least five Business Days before it shall become effective. All Notices shall be conclusively deemed to have been properly given or served when received in person, regardless of how sent. Regardless of when received, all Notices shall be conclusively deemed to have been properly given or served if addressed in accordance with this Section 23 and (1) if mailed, on the second Business Day after being deposited in the manner mails, or (2) if sent by nationally-recognized courier service, on the next Business Day or (3) if faxed before the close of business at the recipient’s location on a Business Day, when faxed or if faxed after the close of business at the recipient’s location or on a day that is not a Business Day, on the next Business Day thereafter to the fax number set forth below (provided for in this Article 18. A that a paper copy is mailed on the same day as aforesaid) or (4) if e-mailed, upon the sender’s receipt of an acknowledgement from the intended recipient (such as by the “return receipt requested” function, as available, return e-mail or other written acknowledgement), provided that if any such faxed or emailed notice or other communication is not sent during the normal business hours of the recipient, such notice or communication shall be deemed to have been givensent at the opening of business on the next business day for the recipient, and (5) notices or communications posted to an internet or intranet website shall be deemed received upon the “receipt” by the intended recipient at its e-mail address as described in clause (4) above of notification that such notice or communication is available and identifying the website address therefor: If to the Seller: DHI Mortgage Company, Ltd. 00000 Xxxxx Xxxx Xxxx. Xxxxx 000 Xxxxxx, Xxxxx 00000 Attention: Xxxx Xxxxxx / Xxxx Xxxxxxx Telephone: (x000) in 000-0000 Fax: (000) 000-0000 email: xxxxxxx@xxxxxxxxxxx.xxx / xxxxxxxx@xxxxxxxxxxx.xxx with a copy to: X.X. Xxxxxx, Inc. 000 Xxxxxxxx Xxxxxx, Xxxxx 000 Xxxx Xxxxx, Xxxxx 00000 Attention: Xxx Xxxxxxx or Xxxx Xxxxxxx Telephone: (000) 000-0000 If to U.S. Bank as a Buyer or the case of hand deliveryAdministrative Agent: U.S. Bank National Association 800 Nicollet Mall Mail Station: BC-MN-H03B Xxxxxxxxxxx, XX 00000 Attention: Xxxxx Xxxxxxx Telephone: (000) 000-0000 101 Fax: (000) 000-0000 email: xxxxx.xxxxxxx@xxxxxx.xxx If to the other Buyers, at the time of delivery, if addresses shown 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 givenSchedule 23.

Appears in 2 contracts

Samples: Master Repurchase Agreement (Horton D R Inc /De/), Master Repurchase Agreement (Horton D R Inc /De/)

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 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 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: (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 16 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 hereof may be sent by electronic mail to the e-mail addresses set forth on Annex I attached hereto.

Appears in 2 contracts

Samples: Master Repurchase Agreement, 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 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 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: Securities Contract Agreement (Terra Property Trust, Inc.), Securities Contract 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 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, 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 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 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

Samples: Master Repurchase Agreement (Northstar Realty)

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 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: 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 (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 All notices, demands, consents, requests and other communications required or permitted to be given or made hereunder (collectively, “Notices”), except as otherwise specifically 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 either (a) hand deliverydelivered in person, with proof of delivery, or (b) certified mailed, by certified, registered or registered United States express mail, postage prepaid, (c) expedited prepaid delivery serviceaddressed to the respective parties hereto at their respective addresses specified below, 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 sent in a prepaid overnight delivery envelope via a nationally-recognized courier service (such communication receives a verbal as Federal Express, United Parcel Service or electronic confirmation acknowledging receipt thereof (for the avoidance of doubt, any automatically generated email or any similar automatic response shall not constitute confirmation), DHL Worldwide Express) that provides weekday next-Business Day delivery service to the address specified in Exhibit I hereto addressee’s location, (d) faxed to their respective fax numbers (with a paper copy mailed the same day as aforesaid) as hereinafter set forth or at such other address (e) e-mailed (with a confirming fax for any funding request) and/or posted to an internet or intranet website and person acknowledged as shall be designated from time to time by received as hereinafter set forth; provided that any party hereto, as the case may be, change its address for notice by designating such party’s new address in a written notice Notice to the other parties hereto given at least five (5) Business Days before it shall become effective. All Notices shall be conclusively deemed to have been properly given or served when received in person, regardless of how sent. Regardless of when received, all Notices shall be conclusively deemed to have been properly given or served if addressed in accordance with this Section 23 and (1) if mailed, on the second (2nd) Business Day after being deposited in the manner mails, or (2) if sent by nationally-recognized courier service, on the next Business Day or (3) if faxed before the close of business at the recipient’s location on a Business Day, when faxed or if faxed after the close of business at the recipient’s location or on a day that is not a Business Day, on the next Business Day thereafter to the fax number set forth below (provided for in this Article 18. A that a paper copy is mailed on the same day as aforesaid) or (4) if e-mailed, upon the sender’s receipt of an acknowledgement from the intended recipient (such as by the “return receipt requested” function, as available, return e-mail or other written acknowledgement), provided that if any such faxed or e-mailed notice or other communication is not sent during the normal business hours of the recipient, such notice or communication shall be deemed to have been givensent at the opening of business on the next business day for the recipient, and (5) notices or communications posted to an internet or intranet website shall be deemed received upon the “receipt” by the intended recipient at its e-mail address as described in clause (4) above of notification that such notice or communication is available and identifying the website address therefor: If to the Seller: NVR Mortgage Finance, Inc. 00000 Xxxxx Xxxxxxx Xxxxx Xxxxx 000 Xxxxxx, XX 00000 Attention: Xxxxxx X. Xxxxxx Telephone: (x000) in 000-0000 Fax: (000) 000-0000 email: xxxxxxx@xxxxxx.xxx If to U.S. Bank as Agent or as a Buyer: U.S. Bank National Association 800 Nicollet Mall Mail Station: BC-MN-H03B Xxxxxxxxxxx, XX 00000 Attention: Xxxxxxxx Xxxxxx Telephone: (000) 000-0000 Fax: (000) 000-0000 email: xxxxxxxx.xxxxxx@xxxxxx.xxx If to the case of hand deliveryother Buyers, at the time of delivery, if addresses shown 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 givenSchedule 23.

Appears in 1 contract

Samples: Master Repurchase Agreement (NVR 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 and Securities Contract (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 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 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 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 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)transmission and delivery. 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. For purposes of clarifying the foregoing, notices pursuant to Section 4 may be sent by electronic mail to the e-mail addresses set forth on Annex I. Notwithstanding the foregoing, in the event that Seller directs Buyer to transfer funds pursuant to a Transaction or otherwise in accordance with Section 3 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 1 contract

Samples: Bailee Agreement (Blackstone Mortgage Trust, 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 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

Samples: Master Repurchase Agreement (Capital Trust Inc)

Notices and Other Communications. Unless All notices, demands, consents, requests and other communications required or permitted to be given or made hereunder (collectively, “Notices”), except as otherwise specifically 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 either (a) hand deliverydelivered in person, with proof of delivery, or (b) certified mailed, by certified, registered or registered United States express mail, postage prepaid, (c) expedited prepaid delivery serviceaddressed to the respective parties hereto at their respective addresses specified below, 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 sent in a prepaid overnight delivery envelope via a nationally-recognized courier service (such communication receives a verbal as Federal Express, United Parcel Service or electronic confirmation acknowledging receipt thereof (for the avoidance of doubt, any automatically generated email or any similar automatic response shall not constitute confirmation), DHL Worldwide Express) that provides weekday next-Business Day delivery service to the address specified in Exhibit I hereto addressee’s location, (d) faxed to their respective fax numbers (with a paper copy mailed the same day as aforesaid) as hereinafter set forth or at such other address (e) emailed (with a confirming fax for any funding request) and/or posted to an Internet or intranet website and person acknowledged as shall be designated from time to time by received as hereinafter set forth; provided that any party hereto, as the case may be, change its address for notice by designating such party’s new address in a written notice Notice to the other parties hereto given at least five Business Days before it shall become effective. All Notices shall be conclusively deemed to have been properly given or served when received in person, regardless of how sent. Regardless of when received, all Notices shall be conclusively deemed to have been properly given or served if addressed in accordance with this Section 23 and (1) if mailed, on the second Business Day after being deposited in the manner mails, or (2) if sent by nationally-recognized courier service, on the next Business Day or (3) if faxed before the close of business at the recipient’s location on a Business Day, when faxed or if faxed after the close of business at the recipient’s location or on a day that is not a Business Day, on the next Business Day thereafter to the fax number set forth below (provided for in this Article 18. A that a paper copy is mailed on the same day as aforesaid) or (4) if e-mailed, upon the sender’s receipt of an acknowledgement from the intended recipient (such as by the “return receipt requested” function, as available, return e-mail or other written acknowledgement), provided that if any such faxed or emailed notice or other communication is not sent during the normal business hours of the recipient, such notice or communication shall be deemed to have been givensent at the opening of business on the next business day for the recipient, and (5) notices or communications posted to an internet or intranet website shall be deemed received upon the “receipt” by the intended recipient at its e-mail address as described in clause (4) above of notification that such notice or communication is available and identifying the website address therefor: If to the Seller: DHI Mortgage Company, Ltd. 00000 Xxxxx Xxxx Xxxx. Xxxxx 000 Xxxxxx, Xxxxx 00000 Attention: Xxxx Xxxxxx / Xxxx Xxxxxxx Telephone: (x000) in 000-0000 Fax: (000) 000-0000 email: xxxxxxx@xxxxxxxxxxx.xxx / xxxxxxxx@xxxxxxxxxxx.xxx with a copy to: X.X. Xxxxxx, Inc. 000 Xxxxxxxx Xxxxxx, Xxxxx 000 Xxxx Xxxxx, Xxxxx 00000 Attention: Xxx Xxxxxxx or Xxxx Xxxxxxx Telephone: (000) 000-0000 If to U.S. Bank as a Buyer or the case of hand deliveryAdministrative Agent: U.S. Bank National Association 800 Nicollet Mall Mail Station: BC-MN-H03B Xxxxxxxxxxx, XX 00000 Attention: Xxxxx Xxxxxxx Telephone: (000) 000-0000 Fax: (000) 000-0000 email: xxxxx.xxxxxxx@xxxxxx.xxx If to the other Buyers, at the time of delivery, if addresses shown 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 givenSchedule 23.

Appears in 1 contract

Samples: Master Repurchase Agreement (Horton D R Inc /De/)

Notices and Other Communications. Unless otherwise provided in Any notice or other communication pursuant to this Agreement, all notices, consents, approvals and requests required or permitted hereunder Agreement shall be sufficiently made or given in writing and shall be effective for all purposes if sent to such Party by (a) hand delivery, with proof of delivery, (b) certified or registered United States first class mail, return receipt requested, postage [***] Certain information has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions. prepaid, (c) expedited prepaid delivery service, either commercial or United States Postal Service, with proof of deliveryby reputable overnight courier, or by facsimile (dwith confirmation emission) addressed to it at its address below or as it shall designate 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 given to the other parties hereto in Party: In the manner provided for in this Article 18. A notice case of Licensor: Helix BioMedix, Inc. 22122 — 20xx Xxxxxx XX Xxxxxxx, XX 00000 Fax: (000) 000-0000 Attn: President In the case of Licensee: Grant Industries 100 Xxxx Xxxxxx Xxxxxxx Xxxx, XX 00000 Fax: Attn: President All notices sent by first class mail shall be deemed to have been given: given four (x4) business days after deposit, all notices sent by overnight courier or facsimile shall be deemed to have been given one (1) business day after deposit or transmission, as applicable. 15 – DISPUTE RESOLUTION Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be settled by arbitration conducted in New York, New York and administered by the case of hand delivery, at the time of delivery, if on a Business DayAmerican Arbitration Association in accordance with its Commercial Arbitration Rules, and otherwise judgment on the next occurring Business Dayaward rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Notwithstanding the foregoing, (y) in either Party may, without waiving any remedy under this Agreement, seek from any court having jurisdiction thereof any interim or provisional relief that is necessary to protect the case rights or property of registered or certified mail or expedited prepaid deliverythat Party from immediate and irreparable injury, when delivered, if on a Business Day, and otherwise on the next occurring Business Dayloss, 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 givendamage.

Appears in 1 contract

Samples: Non Exclusive License Agreement (Helix Biomedix Inc)

Notices and Other Communications. Unless All notices, demands, consents, requests and other communications required or permitted to be given or made hereunder (collectively, “Notices”), except as otherwise specifically 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 either (a) hand deliverydelivered in person, with proof of delivery, or (b) certified mailed, by certified, registered or registered United States express mail, postage prepaid, (c) expedited prepaid delivery serviceaddressed to the respective parties hereto at their respective addresses specified below, 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 sent in a prepaid overnight delivery envelope via a nationally-recognized courier service (such communication receives a verbal as Federal Express, United Parcel Service or electronic confirmation acknowledging receipt thereof (for the avoidance of doubt, any automatically generated email or any similar automatic response shall not constitute confirmation), DHL Worldwide Express) that provides weekday next-Business Day delivery service to the address specified in Exhibit I hereto addressee’s location, (d) faxed to their respective fax numbers (with a paper copy mailed the same day as aforesaid) as hereinafter set forth or at such other address (e) emailed (with a confirming fax for any funding request) and/or posted to an internet or intranet website and person acknowledged as shall be designated from time to time by received as hereinafter set forth; provided that any party hereto, as the case may be, change its address for notice by designating such party’s new address in a written notice Notice to the other parties hereto given at least five (5) Business Days before it shall become effective. All Notices shall be conclusively deemed to have been properly given or served when received in person, regardless of how sent. Regardless of when received, all Notices shall be conclusively deemed to have been properly given or served if addressed in accordance with this Section 23 and (1) if mailed, on the second (2nd) Business Day after being deposited in the manner mails, or (2) if sent by nationally-recognized courier service, on the next Business Day or (3) if faxed before the close of business at the recipient’s location on a Business Day, when faxed or if faxed after the close of business at the recipient’s location or on a day that is not a Business Day, on the next Business Day thereafter to the fax number set forth below (provided for in this Article 18. A that a paper copy is mailed on the same day as aforesaid) or (4) if e-mailed, upon the sender’s receipt of an acknowledgement from the intended recipient (such as by the “return receipt requested” function, as available, return e-mail or other written acknowledgement), provided that if any such faxed or emailed notice or other communication is not sent during the normal business hours of the recipient, such notice or communication shall be deemed to have been givensent at the opening of business on the next business day for the recipient, and (5) notices or communications posted to an internet or intranet website shall be deemed received upon the “receipt” by the intended recipient at its e-mail address as described in clause (4) above of notification that such notice or communication is available and identifying the website address therefor: If to the Seller: HomeAmerican Mortgage Corporation 0000 Xxxxxxxxx Xxxxx Xxxxxxxxx Xxxxxxxxxx, XX 00000 Attention: President Telephone: (x000) in 000-0000 Fax: (000) 000-0000 with a copy to: M.D.C. Holdings, Inc. 0000 Xxxxx Xxxxxx Xxxxxx, Xxxxx 000 Xxxxxx, XX 00000 Attention: General Counsel Telephone: (000) 000-0000 Fax: (000) 000-0000 and M.D.C. Holdings, Inc. 0000 Xxxxx Xxxxxx Xxxxxx, Xxxxx 000 Xxxxxx, XX 00000 Attention: Treasurer Telephone: (000) 000-0000 Fax: (000) 000-0000 If to U.S. Bank as Agent or as a Buyer: U.S. Bank National Association 0000 Xxxxxxxx Xxxxx Mortgage Banking Services Xxxxxx, XX 00000 Attn: Mille Xxxxxxx Telephone: (000) 000-0000 Fax: (000) 000-0000 email: xxxxxxx.xxxxxxx@xxxxxx.xxx with a copy to: U.S. Bank National Association 800 Nicollet Mall Mail Station: BC-MN-H03B Xxxxxxxxxxx, XX 00000 Attention: Mortgage Banking Services Telephone: (000) 000-0000 Fax: (000) 000-0000 email: xxxxx.xxxxxxx@xxxxxx.xxx If to the case of hand deliveryother Buyers, at the time of delivery, if addresses shown 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 givenSchedule 23.

Appears in 1 contract

Samples: Master Repurchase Agreement (MDC Holdings 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, 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 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 copy of all ------- notices, consents, approvals and requests directed to Seller (other than Confirmations) shall be delivered concurrently to the following: Bilzin Xxxxxxx Xxxx Xxxxx Price & Xxxxxxx LLP, 0000 Xxxxx Xxxxx Xxxxxxxxx Xxxxxx, Xxxxx, Xxxxxxx 00000, Facsimile No. (000) 000-0000, Attention: Xxxxx 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 1 contract

Samples: Master Repurchase Agreement (LNR Property Corp)

Notices and Other Communications. (w) 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 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 and Securities Contract (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 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 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

Samples: 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, 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 and Securities Contract (FS Credit Real Estate Income 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: Bailee Agreement (TPG RE Finance Trust, Inc.)

Notices and Other Communications. Unless Any and all notices (with the exception of Margin Calls, which shall be given in accordance with Section 6 hereof and Transaction Request and Confirmations, which shall be delivered via electronic mail or other electronic medium agreed to by the Buyer and the Seller), statements, demands or other communications hereunder may be given by a party to the other by mail, facsimile, messenger or otherwise (including without limitation by electronic transmission) to the address specified below, or so sent to such party at any other place specified in a notice of change of address hereafter received by the other. All notices, demands and requests hereunder may be made orally, to be confirmed promptly in writing, or by other communication as specified in the preceding sentence. In all cases, to the extent that the related individual set forth in the respective “Attention” line is no longer employed by the respective Person, such notice may be given to the attention of a Responsible Officer of the respective Person or to the attention of such individual or individuals as subsequently notified in writing by a Responsible Officer of the respective Person. Except as otherwise provided in this Agreement, all notices, consents, approvals Agreement and requests required or permitted hereunder shall be except for notices given in writing and under Section 3 hereof (which 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 (aonly on receipt), (b) or (c) above unless the sender of all 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 communications shall be deemed to have been given: (x) duly given when personally delivered, in the case of hand deliverya mailed notice, 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 Dayupon receipt, or upon the first attempted delivery on a Business Day or (z) in the case of electronic mail, transmission upon the sender’s receipt of a verbal or electronic confirmation acknowledging receipt thereof an acknowledgment from the intended recipient (for the avoidance of doubt, any automatically generated such as return email or any similar automatic response shall not constitute confirmation)other written acknowledgment, but excluding, by the “return receipt requested” function) in each case given or addressed as aforesaid. A party receiving a notice that does not comply with the technical requirements for notice under this Article 18 may elect If to waive any deficiencies and treat the notice as having been properly given.Seller Parties: FACO Crop Loans LLC c/o Finance of America Holdings LLC 000 Xxxx Xxxxxxx Xxxxxxx, Suite 1550 Irving, TX 75039 Attention: General Counsel Email: [***] FACo Crop Loan Financing Trust C1 c/o Finance of America Holdings LLC 000 Xxxx Xxxxxxx Xxxxxxx, Suite 1550 Irving, TX 75039 Attention: General Counsel Email: [***] If to Buyer: National Founders LP [***] [***] Attn: General Counsel E-mail: [***] With copy to: [***] [***] [***] Attn: General Counsel E-mail: [***]

Appears in 1 contract

Samples: Master Repurchase Agreement (Finance of America Companies Inc.)

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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 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 All notices, demands, consents, requests and other communications required or permitted to be given or made hereunder (collectively, “Notices”), except as otherwise specifically 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 either (a) hand deliverydelivered in person, with proof of delivery, or (b) certified mailed, by certified, registered or registered United States express mail, postage prepaid, (c) expedited prepaid delivery serviceaddressed to the respective parties hereto at their respective addresses specified below, 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 sent in a prepaid overnight delivery envelope via a nationally-recognized courier service (such communication receives a verbal as Federal Express, United Parcel Service or electronic confirmation acknowledging receipt thereof (for the avoidance of doubt, any automatically generated email or any similar automatic response shall not constitute confirmation), DHL Worldwide Express) that provides weekday next-Business Day delivery service to the address specified in Exhibit I hereto addressee’s location, (d) faxed to their respective fax numbers (with a paper copy mailed the same day as aforesaid) as hereinafter set forth or at such other address (e) emailed (with a confirming fax for any funding request) and/or posted to an Internet or intranet website and person acknowledged as shall be designated from time to time by received as hereinafter set forth; provided that any party hereto, as the case may be, change its address for notice by designating such party’s new address in a written notice Notice to the other parties hereto given at least five Business Days before it shall become effective. All Notices shall be conclusively deemed to have been properly given or served when received in person, regardless of how sent. Regardless of when received, all Notices shall be conclusively deemed to have been properly given or served if addressed in accordance with this Section 23 and (1) if mailed, on the second Business Day after being deposited in the manner mails, or (2) if sent by nationally-recognized courier service, on the next Business Day or (3) if faxed before the close of business at the recipient’s location on a Business Day, when faxed or if faxed after the close of business at the recipient’s location or on a day that is not a Business Day, on the next Business Day thereafter to the fax number set forth below (provided for in this Article 18. A that a paper copy is mailed on the same day as aforesaid) or (4) if e-mailed, upon the sender’s receipt of an acknowledgement from the intended recipient (such as by the “return receipt requested” function, as available, return e-mail or other written acknowledgement), provided that if any such faxed or emailed notice or other communication is not sent during the normal business hours of the recipient, such notice or communication shall be deemed to have been given: (x) in the case of hand delivery, sent at the time opening of delivery, if on a Business Day, and otherwise business on the next occurring Business Day, (y) in Day for the case of registered or certified mail or expedited prepaid delivery, when delivered, if on a Business Dayrecipient, and otherwise on the next occurring Business Day, (5) notices or communications posted to an internet or intranet website shall be deemed received upon the first attempted delivery on “receipt” by the intended recipient at its e-mail address as described in clause (4) above of notification that such notice or communication is available and identifying the website address therefor: 108 If to the Seller: DHI Mortgage Company, Ltd. 00000 Xxxxx Xxxx Xxxx. Xxxxx 000 Xxxxxx, Xxxxx 00000 Attention: Xxxx Xxxxxx and Xxxx Xxxxxxx Telephone: (xxx) xxx-xxxx Fax: (xxx) xxx-xxxx email: xxxxxx@xxxxxxxxxxx.xxx with a Business Day copy to xxxxxx@xxxxxxxxxxx.xxx with a copy to: X.X. Xxxxxx, Inc. 0000 Xxxxxx Xxxxxx Arlington, TX 76011 Attention: Xxxxxx Xxxxxx Telephone: (xxx) xxx-xxxx If to U.S. Bank as a Buyer or the Administrative Agent: U.S. Bank National Association 0000 Xxxxxxxxx Xxxx. - XX-XX-X0XX Xxxxxxx, XX 00000 Attention: Xxxxxx Xxxxx Telephone: (zxxx) xxx-xxxx email: xxxxxx@xxxxxx.xxx If to any other Buyer, to it at its address (or facsimile number) set forth 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 givenits Administrative Questionnaire.

Appears in 1 contract

Samples: Master Repurchase Agreement (Horton D R Inc /De/)

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 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 [NEWYORK 3032673_23] 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 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 II, 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

Samples: Master Repurchase Agreement (Capital 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, facsimile (with transmission confirmation); provided that, that such electronic mail faxed 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 copy of all notices, consents, approvals and requests directed to Seller (other than Confirmations) shall be delivered concurrently to the following: Xxxxxx & Xxxxxxx LLP, 000 Xxxxx Xxx., Xxx Xxxx, Xxx Xxxx 00000, Attn: Xxxxx Xxxxxxx (028354-0040), Facsimile Number: (000) 000-0000. 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 Daycase of expedited prepaid delivery, or upon the first attempted delivery on a Business Day Day, or (ziv) in the case of electronic mailfacsimile, 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 transmission confirmation); provided that such faxed 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

Samples: Master Repurchase Agreement (Anthracite Capital 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 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 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 All notices, demands, consents, requests and other communications required or permitted to be given or made hereunder (collectively, “Notices”), except as otherwise specifically 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 either (a) hand deliverydelivered in person, with proof of delivery, or (b) certified mailed, by certified, registered or registered United States express mail, postage prepaid, (c) expedited prepaid delivery serviceaddressed to the respective parties hereto at their respective addresses specified below, 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 sent in a prepaid overnight delivery envelope via a nationally-recognized courier service (such communication receives a verbal as Federal Express, United Parcel Service or electronic confirmation acknowledging receipt thereof (for the avoidance of doubt, any automatically generated email or any similar automatic response shall not constitute confirmation), DHL Worldwide Express) that provides weekday next-Business Day delivery service to the address specified in Exhibit I hereto addressee’s location, (d) faxed to their respective fax numbers (with a paper copy mailed the same day as aforesaid) as hereinafter set forth or at such other address (e) emailed (with a confirming fax for any funding request) and/or posted to an Internet or intranet website and person acknowledged as shall be designated from time to time by received as hereinafter set forth; provided that any party hereto, as the case may be, change its address for notice by designating such party’s new address in a written notice Notice to the other parties hereto given at least five (5) Business Days before it shall become effective. All Notices shall be conclusively deemed to have been properly given or served when received in person, regardless of how sent. Regardless of when received, all Notices shall be conclusively deemed to have been properly given or served if addressed in accordance with this Section 23 and (1) if mailed, on the second (2nd) Business Day after being deposited in the manner mails, or (2) if sent by nationally-recognized courier service, on the next Business Day or (3) if faxed before the close of business at the recipient’s location on a Business Day, when faxed or if faxed after the close of business at the recipient’s location or on a day that is not a Business Day, on the next Business Day thereafter to the fax number set forth below (provided for in this Article 18. A that a paper copy is mailed on the same day as aforesaid) or (4) if e-mailed, upon the sender’s receipt of an acknowledgement from the intended recipient (such as by the “return receipt requested” function, as available, return e-mail or other written acknowledgement), provided that if any such faxed or emailed notice or other communication is not sent during the normal business hours of the recipient, such notice or communication shall be deemed to have been givensent at the opening of business on the next business day for the recipient, and (5) notices or communications posted to an internet or intranet website shall be deemed received upon the “receipt” by the intended recipient at its e-mail address as described in clause (4) above of notification that such notice or communication is available and identifying the website address therefor: If to the Seller: DHI Mortgage Company, Ltd. 10000 Xxxxx Xxxxx Xxxxxxx, Xxxxx X000 Xxxxxx, Xxxxx 00000 Attention: Mxxx Xxxxxx Telephone: Fax: email: If to U.S. Bank as Administrative Agent or as a Buyer: U.S. Bank National Association 800 Nicollet Mall Mail Station: BC-MN-H03B Mxxxxxxxxxx, XX 00000 Attention: Telephone: Fax: email: with copies to: If to JPMorgan as the Syndication Agent or as a Buyer: JPMorgan Chase Bank, N.A. 717 Txxxxx, 6xx Xxxxx Xxxxx Xxxxxxx, Xxxxx 00000 (xfor messenger deliveries) in P.X. Xxx 0000 Xxxxxxx, Xxxxx 00000 (for mail deliveries) Attention: Sxxxxxxxx X. Xxxx, Managing Director Corporate Mortgage Finance Group Telephone: 700-000-0000 Fax: 700-000-0000, attention: Sxxxxxxxx X. Xxxx email: sxxxxxxxx.x.xxxx@cxxxx.xxx with copies to: Sxxxxx X. Xxxxx Telephone: 700-000-0000 Fax: 700-000-0000 email: sxxxxx.x.xxxxx@jxxxxxxx.xxx If to the case of hand deliveryother Buyers, at the time of delivery, if addresses shown 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 givenSchedule 23.

Appears in 1 contract

Samples: Master Repurchase Agreement (Horton D R Inc /De/)

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

Samples: Repurchase Agreement (Ready Capital Corp)

Notices and Other Communications. Unless All notices, demands, consents, requests and other communications required or permitted to be given or made hereunder (collectively, “Notices”), except as otherwise specifically 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 either (a) hand deliverydelivered in person, with proof of delivery, or (b) certified mailed, by certified, registered or registered United States express mail, postage prepaid, (c) expedited prepaid delivery serviceaddressed to the respective parties hereto at their respective addresses specified below, 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 sent in a prepaid overnight delivery envelope via a nationally-recognized courier service (such communication receives a verbal as Federal Express, United Parcel Service or electronic confirmation acknowledging receipt thereof (for the avoidance of doubt, any automatically generated email or any similar automatic response shall not constitute confirmation), DHL Worldwide Express) that provides weekday next-Business Day delivery service to the address specified in Exhibit I hereto addressee’s location, (d) faxed to their respective fax numbers (with a paper copy mailed the same day as aforesaid) as hereinafter set forth or at such other address (e) emailed (with a confirming fax for any funding request) and/or posted to an Internet or intranet website and person acknowledged as shall be designated from time to time by received as hereinafter set forth; provided that any party hereto, as the case may be, change its address for notice by designating such party’s new address in a written notice Notice to the other parties hereto given at least five Business Days before it shall become effective. All Notices shall be conclusively deemed to have been properly given or served when received in person, regardless of how sent. Regardless of when received, all Notices shall be conclusively deemed to have been properly given or served if addressed in accordance with this Section 23 and (1) if mailed, on the second Business Day after being deposited in the manner mails, or (2) if sent by nationally-recognized courier service, on the next Business Day or (3) if faxed before the close of business at the recipient’s location on a Business Day, when faxed or if faxed after the close of business at the recipient’s location or on a day that is not a Business Day, on the next Business Day thereafter to the fax number set forth below (provided for in this Article 18. A that a paper copy is mailed on the same day as aforesaid) or (4) if e-mailed, upon the sender’s receipt of an acknowledgement from the intended recipient (such as by the “return receipt requested” function, as available, return e-mail or other written acknowledgement), provided that if any such faxed or emailed notice or other communication is not sent during the normal business hours of the recipient, such notice or communication shall be deemed to have been given: (x) in the case of hand delivery, sent at the time opening of delivery, if on a Business Day, and otherwise business on the next occurring Business Day, (y) in business day for the case of registered or certified mail or expedited prepaid delivery, when delivered, if on a Business Dayrecipient, and otherwise on the next occurring Business Day, (5) notices or communications posted to an internet or intranet website shall be deemed received upon the first attempted delivery on “receipt” by the intended recipient at its e-mail address as described in clause (4) above of notification that such notice or communication is available and identifying the website address therefor: 109 If to the Seller: DHI Mortgage Company, Ltd. 00000 Xxxxx Xxxx Xxxx. Xxxxx 000 Xxxxxx, Xxxxx 00000 Attention: Xxxx Xxxxxx / Xxxx Xxxxxxx Telephone: (xxx) xxx-xxxx Fax: (xxx) xxx-xxxx email: xxxxxx@xxxxxxxxxxx.xxx / xxxxxx@xxxxxxxxxxx.xxx with a Business Day copy to: X.X. Xxxxxx, Inc. 000 Xxxxxxxx Xxxxxx, Xxxxx 000 Xxxx Xxxxx, Xxxxx 00000 Attention: Xxx Xxxxxxx or Xxxx Xxxxxxx Telephone: (zxxx) xxx-xxxx If to U.S. Bank as a Buyer or the Administrative Agent: U.S. Bank National Association 0000 Xxxxxxxxx Xxxx. - XX-XX-X0XX Xxxxxxx, XX 00000 Attention: Xxxxx Xxxxxxx Telephone: (xxx) xxx-xxxx Fax: (xxx) xxx-xxxx email: xxxxxx@xxxxxx.xxx If to any other Buyer, to it at its address (or facsimile number) set forth 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)its Administrative Questionnaire. 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.110

Appears in 1 contract

Samples: Master Repurchase Agreement (Horton D R Inc /De/)

Notices and Other Communications. Unless All notices, demands, consents, requests and other communications required or permitted to be given or made hereunder (collectively, “Notices”), except as otherwise specifically 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 either (a) hand deliverydelivered in person, with proof of delivery, or (b) certified mailed, by certified, registered or registered United States express mail, postage prepaid, (c) expedited prepaid delivery serviceaddressed to the respective parties hereto at their respective addresses specified below, 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 sent in a prepaid overnight delivery envelope via a nationally-recognized courier service (such communication receives a verbal as Federal Express, United Parcel Service or electronic confirmation acknowledging receipt thereof (for the avoidance of doubt, any automatically generated email or any similar automatic response shall not constitute confirmation), DHL Worldwide Express) that provides weekday next-Business Day delivery service to the address specified in Exhibit I hereto addressee’s location, (d) faxed to their respective fax numbers (with a paper copy mailed the same day as aforesaid) as hereinafter set forth or at such other address (e) emailed (with a confirming fax for any funding request) and/or posted to an internet or intranet website and person acknowledged as shall be designated from time to time by received as hereinafter set forth; provided that any party hereto, as the case may be, change its address for notice by designating such party’s new address in a written notice Notice to the other parties hereto given at least five (5) Business Days before it shall become effective. All Notices shall be conclusively deemed to have been properly given or served when received in person, regardless of how sent. Regardless of when received, all Notices shall be conclusively deemed to have been properly given or served if addressed in accordance with this Section 23 and (1) if mailed, on the second (2nd) Business Day after being deposited in the manner mails, or (2) if sent by nationally-recognized courier service, on the next Business Day or (3) if faxed before the close of business at the recipient’s location on a Business Day, when faxed or if faxed after the close of business at the recipient’s location or on a day that is not a Business Day, on the next Business Day thereafter to the fax number set forth below (provided for in this Article 18. A that a paper copy is mailed on the same day as aforesaid) or (4) if e-mailed, upon the sender’s receipt of an acknowledgement from the intended recipient (such as by the “return receipt requested” function, as available, return e-mail or other written acknowledgement), provided that if any such faxed or emailed notice or other communication is not sent during the normal business hours of the recipient, such notice or communication shall be deemed to have been given: (x) in the case of hand delivery, sent at the time opening of delivery, if on a Business Day, and otherwise business on the next occurring Business Day, (y) in business day for the case of registered or certified mail or expedited prepaid delivery, when delivered, if on a Business Dayrecipient, and otherwise on the next occurring Business Day, (5) notices or communications posted to an internet or intranet website shall be deemed received upon the first attempted delivery on “receipt” by the intended recipient at its e-mail address as described in clause (4) above of notification that such notice or communication is available and identifying the website address therefor: If to the Seller: HomeAmerican Mortgage Corporation 0000 X. Xxxxxx Xxxxxx Xxxxxx, XX 00000 Attention: President Telephone: (000) 000-0000 Fax: (000) 000-0000 with a Business Day or copy to: M.D.C. Holdings, Inc. 0000 Xxxxx Xxxxxx Xxxxxx, Xxxxx 000 Xxxxxx, XX 00000 Attention: General Counsel Telephone: (z000) in the case of electronic mail, upon receipt of a verbal or electronic confirmation acknowledging receipt thereof 000-0000 Fax: (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.000) 000-0000 and

Appears in 1 contract

Samples: Master Repurchase Agreement (MDC Holdings 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.

Appears in 1 contract

Samples: 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 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 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 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 mail notice must also be delivered by one of the means set forth in email (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 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. 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 email addresses set forth on Exhibit I attached hereto.

Appears in 1 contract

Samples: Master Repurchase Agreement (Angel Oak Mortgage, 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 Administrative Agent, on behalf of Buyers, 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, 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 1 contract

Samples: Bailee Agreement (ACRES Commercial Realty 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 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. 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

Samples: Master Repurchase Agreement (LNR Property 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 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 58 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 (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, 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 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 77 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 1 contract

Samples: Repurchase and Securities Contract Agreement (BrightSpire Capital, 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 copy of all notices, consents, approvals and requests directed to Seller (other than Confirmations) shall be delivered concurrently to the following: Dechert LLP, 4000 Xxxx Atlantic Tower, 0000 Xxxx Xxxxxx, Xxxxxxxxxxxx, XX 00000, Attention: Xxxxxxx Xxxxx, Esquire, Telefax Number: 215.994.2222. 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

Samples: Master Repurchase Agreement (Anthracite Capital 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 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 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

Samples: Master Repurchase Agreement (Ny Credit Corp.)

Notices and Other Communications. Unless Except as otherwise provided in expressly permitted by this Agreement, all notices, consentsrequests and other communications provided for herein and under the Custodial Agreement (including, approvals and without limitation, any modifications of, or waivers, requests required or permitted hereunder consents under, this Agreement) shall be given or made in writing and shall be effective for all purposes if sent (including, without limitation, by (afacsimile or Electronic Transmission as described below) 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 intended recipient at the “Address for Notices” specified in Exhibit I hereto or below its name on the signature pages hereof); or, as to any party, at such other address and person or such other intended recipient as shall be designated from time to time by any such party hereto, as the case may be, in a written notice to the each other parties hereto in the manner party. Except as otherwise provided for in this Article 18. A notice Agreement and except for notices given by a Seller under Section 3(b) (which shall be effective only on receipt), all such communications shall be deemed to have been given: duly given when transmitted (xa) by Electronic Transmission as described below and followed by written notice via overnight courier, (b) by facsimile, (c) personally delivered, or (d) in the case of hand deliverya mailed notice, upon receipt, in each case given or addressed as aforesaid. Notices and other communications to Buyer hereunder may be delivered or furnished by electronic communication pursuant to procedures approved by Buyer; provided that the foregoing shall not apply to notices to Buyer by a Seller pursuant to Section 3(b) if Buyer has notified such Seller that it is incapable of receiving notices under such Section 3(b) by electronic communication. Buyer or Sellers may, in their discretion, agree to accept notices and other communications to it hereunder by electronic communications pursuant to procedures approved by it; provided that approval of such procedures may be limited to particular notices or communications. Unless Buyer otherwise prescribes, (i) notices and other communications sent to an e-mail address shall be deemed received upon the sender’s receipt of an acknowledgement from the intended recipient (such as by the “return receipt requested” function, as available, return e-mail or other written acknowledgement), and (ii) notices or communications posted to an Internet or intranet website shall be deemed received upon the deemed receipt by the intended recipient, at its e-mail address as described in the time foregoing clause (i), of deliverynotification that such notice or communication is available and identifying the website address therefor; provided that, for both clauses (i) and (ii) above, if on a Business Daysuch notice, and otherwise email or other communication is not sent during the normal business hours of the recipient, such notice or communication shall be deemed to have been sent at the opening of business 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 (business day 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 givenrecipient.

Appears in 1 contract

Samples: Master Repurchase Agreement (UWM Holdings 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.)

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