Notices and Other Communications. (a) Any notice or other communication to be given under this Agreement - (i) shall be in the English language, and except where expressly otherwise provided in this Agreement, shall be in writing; (ii) may be given in any manner described in sub paragraphs (b) and (c) below; (iii) shall be sent to the party to whom it is to be given at the address or number, or in accordance with the electronic messaging details, set out in Annex I hereto. (b) Subject to sub paragraph (c) below, any such notice or other communication shall be effective - (i) if in writing and delivered in person or by courier, at the time when it is delivered; (ii) if sent by telex, at the time when the recipient’s answerback is received; (iii) if sent by facsimile transmission, at the time when the transmission is received by a responsible employee of the recipient in legible form (it being agreed that the burden of proving receipt will be on the sender and will not be met by a transmission report generated by the sender’s facsimile machine); (iv) if sent by certified or registered mail (airmail, if overseas) or the equivalent (return receipt requested), at the time when that mail is delivered or its delivery is attempted; (v) if sent by electronic messaging system, at the time that electronic message is received; except that any notice or communication which is received, or delivery of which is attempted, after close of business on the date of receipt or attempted delivery or on a day which is not a day on which commercial banks are open for business in the place where that notice or other communication is to be given shall be treated as given at the opening of business on the next following day which is such a day. (c) If - (i) there occurs in relation to either party an event which, upon the service of a Default Notice, would be an Event of Default; and (ii) the non-Defaulting Party, having made all practicable efforts to do so, including having attempted to use at least two of the methods specified in sub paragraph (b)(ii), (iii) or (v), has been unable to serve a Default Notice by one of the methods specified in those sub paragraphs (or such of those methods as are normally used by the non-Defaulting Party when communicating with the Defaulting Party), the non-Defaulting Party may sign a written notice (a “Special Default Notice”) which -
Appears in 5 contracts
Samples: Global Master Repurchase Agreement, Global Master Repurchase Agreement (FS Investment CORP), Global Master Repurchase Agreement (FS Investment Corp II)
Notices and Other Communications. (a) Any notice or other communication to be given under this Agreement -
(i) shall be in the English language, and except where expressly otherwise provided in this Agreement, shall be in writing;
(ii) may be given in any manner described in sub sub-paragraphs (b) and (c) below;; and
(iii) shall be sent to the party Party to whom it is to be given at the address or number, or in accordance with the electronic messaging details, set out in Annex I hereto.
(b) Subject to sub sub-paragraph (c) below, any such notice or other communication shall be effective -effective-
(i) if in writing and delivered in person or by courier, at the time when it is delivered;
(ii) if sent by telex, at the time when the recipient’s answerback is received;
(iii) if sent by facsimile transmission, at the time when the transmission is received by a responsible employee of the recipient in legible form (it being agreed that the burden of proving receipt will be on the sender and will not be met by a transmission report generated by the sender’s facsimile machine)received;
(iviii) if sent by certified or registered mail (airmail, if overseas) or the equivalent (return receipt requested), at the time when that mail is delivered or its delivery is attempted;
(viv) if sent by electronic messaging system, at the time that electronic message is received; except that any notice or communication which is received, or delivery of which is attempted, after close of business on the date of receipt or attempted delivery or on a day which is not a day on which commercial banks are open for business in the place where that notice or other communication is to be given shall be treated as given at the opening of business on the next following day which is such a day.
(c) If -–
(i) there occurs in relation to either party Party an event which, upon the service of a Default Notice, would be an Event of Default; and
(ii) the non-Defaulting Party, having made all practicable efforts to do so, including having attempted to use at least two either of the methods specified in sub sub- paragraph (b)(ii), (iii) or (viv), has been unable to serve a Default Notice by one of the methods specified in those sub sub-paragraphs (or such of those methods as are normally used by the non-Defaulting Party when communicating with the Defaulting Party), the non-Defaulting Party may sign a written notice (a “‘Special Default Notice”’) which -- (aa) specifies the relevant event referred to in paragraph 12 which has occurred in relation to the Defaulting Party;
Appears in 3 contracts
Samples: Master Repurchase Agreement, Master Repurchase Agreement, Master Repurchase Agreement
Notices and Other Communications. (a) Any notice or other communication to be given under this Agreement -Agreement-
(i) shall be in the English languagelanguage and, and except where expressly otherwise provided in this Agreement, shall be in writing;
(ii) may be given in any manner described in sub paragraphs sub-paragraph (b) and (c) below;
(iii) shall be sent to the party to whom it is to be given at the address or number, or in accordance with the electronic messaging details, set out in Annex I hereto.V.
(b) Subject to sub paragraph (c) below, any Any such notice or other communication shall be effective -effective-
(i) if in writing and delivered in person or by courier, at the time when it is delivered;
(ii) if sent by telex, at the time when the recipient’s answerback is received;
(iii) if sent by facsimile transmission, at the time when the transmission is received by a responsible employee of the recipient in legible form (it being agreed that the burden of proving receipt will be on the sender and will not be met by a transmission report generated by the sender’s facsimile machine);
(iv) if sent by certified or registered mail (airmail, if overseas) or the equivalent (return receipt requested), at the time when that mail is delivered or its delivery is attempted;
(v) if sent by electronic messaging system, at the time that electronic message is received; except that any notice or communication which is received, or delivery of which is attempted, after close of business on the date of receipt or attempted delivery or on a day which is not a day on which commercial banks are open for business in the place where that notice or other communication is to be given shall be treated as given at the opening of business on the next following day which is such a day.
(c) If -
(i) there occurs in relation Either party may by notice to either party an event whichthe other change the address, upon the service of a Default Notice, would telex or facsimile number or electronic messaging system details at which notices or other communications are to be an Event of Default; and
(ii) the non-Defaulting Party, having made all practicable efforts given to do so, including having attempted to use at least two of the methods specified in sub paragraph (b)(ii), (iii) or (v), has been unable to serve a Default Notice by one of the methods specified in those sub paragraphs (or such of those methods as are normally used by the non-Defaulting Party when communicating with the Defaulting Party), the non-Defaulting Party may sign a written notice (a “Special Default Notice”) which -it.
Appears in 3 contracts
Samples: Global Master Repurchase Agreement, Global Master Repurchase Agreement (Capitalsource Inc), Global Master Repurchase Agreement (Taberna Realty Finance Trust)
Notices and Other Communications. 46.1 Any notice to be given to or by any Person pursuant to these Articles shall be in writing other than a notice calling a meeting of the Directors which need not be in writing.
46.2 Any notice, document or information may (without prejudice to Articles 46.9 and 46.10) be given, sent or supplied by the Company to any member either:
(a) Any notice personally;
(b) by sending it by post in a prepaid envelope addressed to the member at his registered address or other communication postal address given to the Company for that purpose, or by leaving it at that address;
(c) subject to Article 46.3, by sending it in electronic form to a Person who has agreed (generally or specifically) that the notice, document or information may be given under this Agreement -sent or supplied in that form (and has not revoked that agreement); or
(d) subject to the provisions of the Companies Act, by making it available on a website, provided that the requirements in (i) to (iv) below are satisfied. The requirements referred to in paragraph (d) are that:
(i) shall the member has agreed (generally or specifically) that the notice, document or information may be sent or supplied to him by being made available on a website (and has not revoked that agreement), or the member has been asked by the Company to agree that the Company may send or supply notices, documents and information generally, or the notice, document or information in question, to him by making it available on a website and the English language, Company has not received a response within the period of 28 days beginning on the date on which the Company’s request was sent and except where expressly otherwise provided in this Agreement, shall be in writingthe member is therefore taken to have so agreed (and has not revoked that agreement);
(ii) the member is sent a notification of the presence of the notice, document or information on a website, the address of that website, the place on that website where it may be accessed, and how it may be accessed (notification of availability); and
(iii) in the case of a notice of meeting, the notification of availability states that it concerns a notice of a Company meeting, specifies the place, time and date of the meeting, and states whether it will be an annual general meeting, and
(iv) the notice, document or information continues to be published on that website, in the case of a notice of meeting, throughout the period beginning with the date of the notification of availability and ending with the conclusion of the meeting and in all other cases throughout the period specified by any applicable provision of the Companies Act, or, if no such period is specified, throughout the period of 28 days beginning with the date on which the notification of availability is sent to the member, save that if the notice, document or information is made available for part only of that period then failure to make it available throughout that period shall be disregarded where such failure is wholly attributable to circumstances which it would not be reasonable to have expected the Company to prevent or avoid.
46.3 The Board may from time to time issue, endorse or adopt terms and conditions relating to the use of electronic means for the sending of notices, other documents and proxy appointments by the Company to members or Persons entitled by transmission and by members or Persons entitled by transmission to the Company.
46.4 In the case of joint holders of a share:
(a) it shall be sufficient for all notices, documents and other information to be given, sent or supplied to the joint holder whose name stands first in the register of members in respect of the joint holding (first named holder) only and any notice, document or other information so sent shall be deemed for all purposes sent to all the joint holders; and
(b) the agreement of the first named holder that notices, documents and information may be given, sent or supplied in electronic form or by being made available on a website shall be binding on all the joint holders.
46.5 The Company may at any time and at its sole discretion choose to give, send or supply notices, documents and information only in hard copy form to some or all members.
46.6 For the avoidance of doubt, the provisions of Articles 46.1 to 46.5 are subject to Article 17.5.
46.7 A member present either in person or by proxy, or in the case of a corporate member by a duly authorised representative, at any meeting of the Company or of the holders of any class of shares shall be deemed to have received notice of the meeting and, where requisite, of the purposes for which it was called.
46.8 Every Person who becomes entitled to a share shall be bound by any notice in respect of that share which, before his name is entered in the register of members, has been given to the Person from whom he derives his title, but this Article 46.8 does not apply to a notice given under section 793 of the Companies Act.
46.9 Subject to the Companies Act, where by reason of the suspension or curtailment of postal services, the Company is unable effectively to give notice of a general meeting, the general meeting may be convened by public announcement. The Company shall send a copy of the notice to members in the same manner as it sends notices under Articles 46.1 to 46.5 inclusive if at least seven clear days before the meeting the posting of notices again becomes practicable.
46.10 Subject to the Companies Act, any notice, document or information to be given, sent or supplied by the Company to the members or any of them, not being a notice to which Article 46.9 applies, shall be sufficiently given, sent or supplied if given by public announcement.
46.11 Any notice, document or information given, sent or supplied by the Company to the members or any of them:
(a) by hand shall be deemed to have been received by the member when it is handed to the member or left at his registered address;
(b) by post, shall be deemed to have been received 24 hours after the time at which the envelope containing the notice, document or information was posted unless it was sent by second class post or there is only one class of post, or it was sent by air mail to an address outside the United Kingdom, in which case it shall be deemed to have been received 48 hours after it was posted Proof that the envelope was properly addressed, prepaid and posted shall be conclusive evidence that the notice, document or information was sent or supplied;
(c) by advertisement, shall be deemed to have been received on the day on which the advertisement appears;
(d) by electronic means, shall be deemed to have been received by the member on the day following that on which it was sent or supplied Proof that a notice, document or information in electronic form was addressed to the electronic address provided by the member for the purpose of receiving communications from the Company shall be conclusive evidence that the notice, document or information was sent or supplied and such notice, document or information shall be deemed received by the member at that time notwithstanding that the Company becomes aware that the member has filed to receive the relevant notice, document or information for any reason and notwithstanding that the Company subsequently sends or supplies a hard copy of such document or information by post to the member;
(e) by making it available on a website, shall be deemed to have been received on the date on which the notice, document or information was first made available on the website or, if later, when the member is deemed to have been received notification of the fact that the notice, document or information was available on the website in accordance with this Article 46.11 and such notice, document or information shall be deemed received by the member on that day notwithstanding that the Company becomes aware that the member has filed to receive the relevant document or information for any reason and notwithstanding that the Company subsequently sends a hard copy of such notice, document or information by post to the member, or
(f) by means of a Depositary, shall be deemed to have been received 24 hours after the Company, or Person acting on the Company’s behalf, gives the notice, document or information to the Depositary.
46.12 Any notice, document or information may be given, sent or supplied by the Company to the Person entitled to a share in consequence of the death or bankruptcy of a member or otherwise by operation of Law by sending or delivering it in any manner that the Company may choose authorised by these Articles for the sending of notice, document or information to a member addressed to that Person by name, or by the title of representative of the deceased or trustee of the bankrupt or by any similar description, at the address, if any, as may be supplied for that purpose by the Person claiming to be so entitled. Until such an address has been supplied, a notice may be given in any manner described in sub paragraphs which it might have been given if the death or bankruptcy or other event giving rise to the transmission had not occurred.
46.13 If on three consecutive occasions, or on one occasion and reasonable enquiries have failed to establish the member’s address, notices, documents or information sent or supplied to a member by post have been returned undelivered, the member shall not be entitled to receive any subsequent notice, document or information until he has supplied to the Company (bor its agent) and (c) below;
(iii) a new registered address or a postal address, or shall have informed the Company, in such a manner as may be specified by the Company, of an electronic address. For the purposes of this Article 46.13, references to notices, documents or information include references to a cheque or other instrument of payment, but nothing in this Article 46.13 entitles the Company to cease sending any cheque or other instrument of payment for any dividend, unless it is otherwise so entitled under these Articles. Without prejudice to the generality of the foregoing, any notice of a general meeting of the Company which is in fact sent or purports to be sent to such member shall be ignored for the party to whom it purpose of determining the validity of the proceedings at such general meeting.
46.14 Where a document is required under these Articles to be given at signed by a member or any other Person, if the address or numberdocument is in electronic form, then in order to be valid the document must either:
(a) incorporate the electronic signature, or personal identification details (which may be details previously allocated by the Company), of that member or other Person, in accordance with such form as the electronic messaging details, set out in Annex I hereto.Directors may approve; or
(b) Subject be accompanied by such other evidence as the Directors may require in order to sub be satisfied that the document is genuine. The Company may designate mechanisms for validating any such document and a document not validated by the user of any such mechanisms shall be deemed as having not been received by the Company. In the case of any document or information relating to a meeting, an instrument of proxy or invitation to appoint a proxy, any validation requirements shall be specified in the relevant notice of meeting in accordance with Article 17.4 and paragraph (cb) below, any such notice or other communication shall be effective -
(i) if in writing and delivered in person or by courier, at the time when it is delivered;
(ii) if sent by telex, at the time when the recipient’s answerback is received;
(iii) if sent by facsimile transmission, at the time when the transmission is received by a responsible employee of the recipient in legible form (it being agreed that the burden of proving receipt will be on the sender and will not be met by a transmission report generated by the sender’s facsimile machine);
(iv) if sent by certified or registered mail (airmail, if overseas) or the equivalent (return receipt requested), at the time when that mail is delivered or its delivery is attempted;
(v) if sent by electronic messaging system, at the time that electronic message is received; except that any notice or communication which is received, or delivery of which is attempted, after close of business on the date of receipt or attempted delivery or on a day which is not a day on which commercial banks are open for business in the place where that notice or other communication is to be given shall be treated as given at the opening of business on the next following day which is such a dayArticle 23.6.
(c) If -
(i) there occurs in relation to either party an event which, upon the service of a Default Notice, would be an Event of Default; and
(ii) the non-Defaulting Party, having made all practicable efforts to do so, including having attempted to use at least two of the methods specified in sub paragraph (b)(ii), (iii) or (v), has been unable to serve a Default Notice by one of the methods specified in those sub paragraphs (or such of those methods as are normally used by the non-Defaulting Party when communicating with the Defaulting Party), the non-Defaulting Party may sign a written notice (a “Special Default Notice”) which -
Appears in 3 contracts
Samples: Business Combination Agreement (Globe Specialty Metals Inc), Business Combination Agreement (Globe Specialty Metals Inc), Business Combination Agreement (Globe Specialty Metals Inc)
Notices and Other Communications. (a) Any notice or other communication to be given under this Agreement -
(i) shall be in the English language, and except where expressly otherwise provided in this Agreement, shall be in writing;
(ii) may be given in any manner described in sub sub-paragraphs (b) and (c) below;
(iii) shall be sent to the party to whom it is to be given at the address or number, or in accordance with the electronic messaging details, set out in Annex I hereto.
(b) Subject to sub sub-paragraph (c) below, any such notice or other communication shall be effective -
(i) if in writing and delivered in person or by courier, at the time when it is delivered;
(ii) if sent by telex, at the time when the recipient’s answerback is received;
(iii) if sent by facsimile transmission, at the time when the transmission is received by a responsible employee of the recipient in legible form (it being agreed that the burden of proving receipt will be on the sender and will not be met by a transmission report generated by the sender’s facsimile machine);
(iv) if sent by certified or registered mail (airmail, if overseas) or the equivalent (return receipt requested), at the time when that mail is delivered or its delivery is attempted;
(v) if sent by electronic messaging system, at the time that electronic message is received; except that any notice or communication which is received, or delivery of which is attempted, after close of business on the date of receipt or attempted delivery or on a day which is not a day on which commercial banks are open for business in the place where that notice or other communication is to be given shall be treated as given at the opening of business on the next following day which is such a day.
(c) If -
(i) there occurs in relation to either party an event which, upon the service of a Default Notice, would be an Event of Default; and
(ii) the non-Defaulting Party, having made all practicable efforts to do so, including having attempted to use at least two of the methods specified in sub sub-paragraph (b)(ii), (iii) or (v), has been unable to serve a Default Notice by one of the methods specified in those sub sub-paragraphs (or such of those methods as are normally used by the non-Defaulting Party when communicating with the Defaulting Party), the non-Defaulting Party may sign a written notice (a “Special Default Notice”) which -
Appears in 2 contracts
Samples: Global Master Repurchase Agreement, Global Master Repurchase Agreement (FS Investment CORP)
Notices and Other Communications. (a) Any notice or other communication to be given under this Agreement -
(i) shall be in the English language, and except where expressly otherwise provided in this Agreement, shall be in writing;
(ii) may be given in any manner described in sub sub-paragraphs (b) and (c) below;
(iii) shall be sent to the party to whom it is to be given at the address or number, or in accordance with the electronic messaging details, set out in Annex I hereto.I.
(b) Subject to sub sub-paragraph (c) below, any such notice or other communication shall be effective -
(i) if in writing and delivered in person or by courier, at on the time date when it is delivered;
(ii) if sent by telex, at the time when the recipient’s answerback is received;
(iii) if sent by facsimile transmission, at on the time date when the transmission is received by a responsible employee of the recipient in legible form (it being agreed that the burden of proving receipt will be on the sender and will not be met by a transmission report generated by the sender’s 's facsimile machine);
(iviii) if sent by certified or registered mail (airmail, if overseas) or the equivalent (return receipt requested), at on the time when date that mail is delivered or its delivery is attempted;; or
(viv) if sent by electronic messaging systemElectronic Messaging System, at on the time date that electronic message is received; except that any notice or communication which is received, or delivery of which is attempted, after close of business on the date of receipt or attempted delivery or on a day which is not a day on which commercial banks are open for business in the place where that notice or other communication is to be given shall be treated as given at the opening of business on the next following day which is such a day.;
(c) If -
(i) there occurs in relation to either party an event which, upon the service of a Default Notice, would be an Event of Default; and
(ii) the non-Defaulting Party, having made all practicable efforts to do so, including having attempted to use at least two of the methods specified in sub sub-paragraph (b)(ii), (iii) or (v)iv) above, has been unable to serve a Default Notice by one of the methods specified in those sub sub-paragraphs (or such of those methods as are normally used by the non-Defaulting Party when communicating with the Defaulting Party), the non-Defaulting Party may sign a written notice (a “Special Default Notice”) which -
(A) specifies the relevant event referred to in paragraph 10(a) which has occurred in relation to the Defaulting Party;
(B) specifies the Early Termination Date designated in the Default Notice;
(C) states that the non-Defaulting Party, having made all practicable efforts to do so, including having attempted to use at least two of the methods specified in sub-paragraph (b)(ii), (iii) or (iv) above, has been unable to serve a Default Notice by one of the methods specified in those sub- paragraphs (or such of those methods as are normally used by the non- Defaulting Party when communicating with the Defaulting Party); and
(D) specifies the date on which, and the time at which, the Special Default Notice is signed by the non-Defaulting Party. On the signature of a Special Default Notice the Early Termination Date shall occur as designated in the Default Notice. A Special Default Notice shall be given to the Defaulting Party as soon as practicable after it is signed.
(d) Either party may by notice to the other change the address or facsimile number or Electronic Messaging System details at which notices or other communications are to be given to it.
Appears in 2 contracts
Samples: Global Master Repurchase Agreement, Global Master Repurchase Agreement
Notices and Other Communications. (a) Any notice or other communication to be given under this Agreement -Agreement--
(i) shall be in the English languagelanguage and, and except where expressly otherwise provided in this Agreement, shall be in writing;
(ii) may be given in any manner described in sub paragraphs sub-paragraph (b) and (c) below;
(iii) shall be sent to the party to whom it is to be given at the address or number, or in accordance with the electronic messaging details, set out in Annex I hereto.V.
(b) Subject to sub paragraph (c) below, any Any such notice or other communication shall be effective -effective--
(i) if in writing and delivered in person or by courier, at the time when it is delivered;; November 1995 13
(ii) if sent by telex, at the time when the recipient’s 's answerback is received;
(iii) if sent by facsimile transmission, at the time when the transmission is received by a responsible employee of the recipient in legible form (it being agreed that the burden of proving receipt will be on the sender and will not be met by a transmission report generated by the sender’s 's facsimile machine);
(iv) if sent by certified or registered mail (airmail, if overseas) or the equivalent (return receipt requested), at the time when that mail is delivered or its delivery is attempted;
(v) if sent by electronic messaging system, at the time that electronic message is received; except that any notice or communication which is received, or delivery of which is attempted, after close of business on the date of receipt or attempted delivery or on a day which is not a day on which commercial banks are open for business in the place where that notice or other communication is to be given shall be treated as given at the opening of business on the next following day which is such a day.
(c) If -
(i) there occurs in relation Either party may by notice to either party an event whichthe other change the address, upon the service of a Default Notice, would telex or facsimile number or electronic messaging system details at which notices or other communications are to be an Event of Default; and
(ii) the non-Defaulting Party, having made all practicable efforts given to do so, including having attempted to use at least two of the methods specified in sub paragraph (b)(ii), (iii) or (v), has been unable to serve a Default Notice by one of the methods specified in those sub paragraphs (or such of those methods as are normally used by the non-Defaulting Party when communicating with the Defaulting Party), the non-Defaulting Party may sign a written notice (a “Special Default Notice”) which -it.
Appears in 2 contracts
Samples: Global Master Repurchase Agreement (New Century Financial Corp), Global Master Repurchase Agreement (New Century Financial Corp)
Notices and Other Communications. (a) Any notice or other communication to be given under this Agreement -
(i) shall be in the English language, and except where expressly otherwise provided in this Agreement, shall be in writing;
(ii) may be given in any manner described in sub sub-paragraphs (b) and (c) below;
(iii) shall be sent to the party to whom it is to be given at the address or number, or in accordance with the electronic messaging details, set out in Annex I hereto.I.
(b) Subject to sub sub-paragraph (c) below, any such notice or other communication shall be effective -
(i) if in writing and delivered in person or by courier, at on the time date when it is delivered;
(ii) if sent by telex, at the time when the recipient’s answerback is received;
(iii) if sent by facsimile transmission, at on the time date when the transmission is received by a responsible employee of the recipient in legible form (it being agreed that the burden of proving receipt will be on the sender and will not be met by a transmission report generated by the sender’s facsimile machine);
(iviii) if sent by certified or registered mail (airmail, if overseas) or the equivalent (return receipt requested), at on the time when date that mail is delivered or its delivery is attempted;; or
(viv) if sent by electronic messaging systemElectronic Messaging System, at on the time date that electronic message is received; except that any notice or communication which is received, or delivery of which is attempted, after close of business on the date of receipt or attempted delivery or on a day which is not a day on which commercial banks are open for business in the place where that notice or other communication is to be given shall be treated as given at the opening of business on the next following day which is such a day.
(c) If -
(i) there occurs in relation to either party an event which, upon the service of a Default Notice, would be an Event of Default; and
(ii) the non-Defaulting Party, having made all practicable efforts to do so, including having attempted to use at least two of the methods specified in sub sub-paragraph (b)(ii), (iii) or (v)iv) above, has been unable to serve a Default Notice by one of the methods specified in those sub sub-paragraphs (or such of those methods as are normally used by the non-Defaulting Party when communicating with the Defaulting Party), the non-Defaulting Party may sign a written notice (a “Special Default Notice”) which -
(A) specifies the relevant event referred to in paragraph 10(a) which has occurred in relation to the Defaulting Party;
(B) specifies the Early Termination Date designated in the Default Notice;
(C) states that the non-Defaulting Party, having made all practicable efforts to do so, including having attempted to use at least two of the methods specified in sub-paragraph (b)(ii), (iii) or (iv) above, has been unable to serve a Default Notice by one of the methods specified in those sub-paragraphs (or such of those methods as are normally used by the non-Defaulting Party when communicating with the Defaulting Party); and
(D) specifies the date on which, and the time at which, the Special Default Notice is signed by the non-Defaulting Party. On the signature of a Special Default Notice the Early Termination Date shall occur as designated in the Default Notice. A Special Default Notice shall be given to the Defaulting Party as soon as practicable after it is signed.
(d) Either party may by notice to the other change the address or facsimile number or Electronic Messaging System details at which notices or other communications are to be given to it.
Appears in 2 contracts
Samples: Global Master Repurchase Agreement (BC Partners Lending Corp), Global Master Repurchase Agreement (CM Finance Inc)
Notices and Other Communications. (a) Any notice or other communication to be given under this Agreement -
(i) shall be in the English language, and except where expressly otherwise provided in this Agreement, shall be in writing;
(ii) may be given in any manner described in sub sub-paragraphs (b) and (c) below;; and
(iii) shall be sent to the party Party to whom it is to be given at the address or number, or in accordance with the electronic messaging details, set out in Annex I hereto.
(b) Subject to sub sub-paragraph (c) below, any such notice or other communication shall be effective -effective-
(i) if in writing and delivered in person or by courier, at the time when it is delivered;
(ii) if sent by telex, at the time when the recipient’s answerback is received;
(iii) if sent by facsimile transmission, at the time when the transmission is received by a responsible employee of the recipient in legible form (it being agreed that the burden of proving receipt will be on the sender and will not be met by a transmission report generated by the sender’s facsimile machine)received;
(iviii) if sent by certified or registered mail (airmail, if overseas) or the equivalent (return receipt requested), at the time when that mail is delivered or its delivery is attempted;
(viv) if sent by electronic messaging system, at the time that electronic message is received; except that any notice or communication which is received, or delivery of which is attempted, after close of business on the date of receipt or attempted delivery or on a day which is not a day on which commercial banks are open for business in the place where that notice or other communication is to be given shall be treated as given at the opening of business on the next following day which is such a day.
(c) If -–
(i) there occurs in relation to either party Party an event which, upon the service of a Default Notice, would be an Event of Default; and
(ii) the non-Defaulting Party, having made all practicable efforts to do so, including having attempted to use at least two either of the methods specified in sub sub- paragraph (b)(ii), (iii) or (viv), has been unable to serve a Default Notice by one of the methods specified in those sub sub-paragraphs (or such of those methods as are normally used by the non-Defaulting Party when communicating with the Defaulting Party), the non-Defaulting Party may sign a written notice (a “Special Default Notice”) which - (aa) specifies the relevant event referred to in paragraph 12 which has occurred in relation to the Defaulting Party;
(bb) states that the non-Defaulting Party, having made all practicable efforts to do so, including having attempted to use either of the methods specified in sub-paragraph (b)(ii) or (iv), has been unable to serve a Default Notice by one of the methods specified in those sub- paragraphs (or such of those methods as are normally used by the non- Defaulting Party when communicating with the Defaulting Party);
(cc) specifies the date on which, and the time at which, the Special Default Notice is signed by the non-Defaulting Party; and
(dd) states that the event specified in accordance with sub-paragraph (aa) above shall be treated as an Event of Default with effect from the date and time so specified. On the signature of a Special Default Notice the relevant event shall be treated with effect from the date and time so specified as an Event of Default in relation to the Defaulting Party, and accordingly references in paragraph 12 to a Default Notice shall be treated as including a Special Default Notice. A Special Default Notice shall be given to the Defaulting Party as soon as practicable after it is signed.
Appears in 2 contracts
Samples: Master Repurchase Agreement, Master Repurchase Agreement
Notices and Other Communications. (a) Any notice or other communication to be given under this Agreement -
(i) shall be in the English language, and except where expressly otherwise provided in this Agreement, shall be in writing;
(ii) may be given in any manner described in sub sub-paragraphs (b) and (c) below;
(iii) shall be sent to the party to whom it is to be given at the address or number, or in accordance with the electronic messaging details, set out in Annex I hereto.
(b) Subject to sub sub-paragraph (c) below, any such notice or other communication shall be effective -
(i) if in writing and delivered in person or by courier, at the time when it is delivered;
(ii) if sent by telex, at the time when the recipient’s 's answerback is received;
(iii) if sent by facsimile transmission, at the time when the transmission is received by a responsible employee of the recipient in legible form (it being agreed that the burden of proving receipt will be on the sender and will not be met by a transmission report generated by the sender’s 's facsimile machine);
(iv) if sent by certified or registered mail (airmail, if overseas) or the equivalent (return receipt requested), at the time when that mail is delivered or its delivery is attempted;; THE BOND [LOGO] MARKET ASSOCIATION I S M A
(v) if sent by electronic messaging system, at the time that electronic message is received; except that any notice or communication which is received, or delivery of which is attempted, after close of business on the date of receipt or attempted delivery or on a day which is not a day on which commercial banks are open for business in the place where that notice or other communication is to be given shall be treated as given at the opening of business on the next following day which is such a day.
(c) If -
(i) there occurs in relation to either party an event which, upon the service of a Default Notice, would be an Event of Default; and
(ii) the non-Defaulting Party, having made all practicable efforts to do so, including having attempted to use at least two of the methods specified in sub sub-paragraph (b)(ii), (iii) or (v), has been unable to serve a Default Notice by one of the methods specified in those sub sub-paragraphs (or such of those methods as are normally used by the non-Defaulting Party when communicating with the Defaulting Party), the non-Defaulting Party may sign a written notice (a “"Special Default Notice”") which -
Appears in 2 contracts
Samples: Global Master Repurchase Agreement (New Century Financial Corp), Global Master Repurchase Agreement (New Century Financial Corp)
Notices and Other Communications. (a) Any notice or other communication to be given under this Agreement -
(i) shall be in the English language, and except where expressly otherwise provided in this Agreement, shall be in writing;
(ii) may be given in any manner described in sub sub-paragraphs (b) and (c) below;
(iii) shall be sent to the party to whom it is to be given at the address or number, or in accordance with the electronic messaging details, set out in Annex I hereto.
(b) Subject to sub sub-paragraph (c) below, any such notice or other communication shall be effective -
(i) if in writing and delivered in person or by courier, at the time when it is delivered;
(ii) if sent by telex, at the time when the recipient’s 's answerback is received;
(iii) if sent by facsimile transmission, at the time when the transmission is received by a responsible employee of the recipient in legible form (it being agreed that the burden of proving receipt will be on the sender and will not be met by a transmission report generated by the sender’s 's facsimile machine);
(iv) if sent by certified or registered mail (airmail, if overseas) or the equivalent (return receipt requested), at the time when that mail is delivered or its delivery is attempted;
(v) if sent by electronic messaging system, at the time that electronic message is received; except that any notice or communication which is received, or delivery of which is attempted, after close of business on the date of receipt or attempted delivery or on a day which is not a day on which commercial banks are open for business in the place where that notice or other communication is to be given shall be treated as given at the opening of business on the next following day which is such a day.
(c) If -
(i) there occurs in relation to either party an event which, upon the service of a Default Notice, would be an Event of Default; and
(ii) the non-Defaulting Party, having made all practicable efforts to do so, including having attempted to use at least two of the methods specified in sub sub-paragraph (b)(ii), (iii) or (v), has been unable to serve a Default Notice by one of the methods specified in those sub sub-paragraphs (or such of those methods as are normally used by the non-Defaulting Party when communicating with the Defaulting Party), the non-Defaulting Party may sign a written notice (a “"Special Default Notice”") which -
Appears in 2 contracts
Samples: Global Master Repurchase Agreement (Business Development Corp of America), Global Master Repurchase Agreement
Notices and Other Communications. (a) Any notice or other communication to be given under this Agreement -
(i) shall be in the English language, and except where expressly otherwise provided in this Agreement, shall be in writing;
(ii) may be given in any manner described in sub sub-paragraphs (b) and (c) below;
(iii) shall be sent to the party to whom it is to be given at the address or number, or in accordance with the electronic messaging details, set out in Annex I hereto.
(b) Subject to sub sub-paragraph (c) below, any such notice or other communication shall be effective -
(i) if in writing and delivered in person or by courier, at the time when it is delivered;
(ii) if sent by telex, at the time when the recipient’s answerback is received;
(iii) if sent by facsimile transmission, at the time when the transmission is received by a responsible employee of the recipient in legible form (it being agreed that the burden of proving receipt will be on the sender and will not be met by a transmission report generated by the sender’s facsimile machine);
(iv) if sent by certified or registered mail (airmail, if overseas) or the equivalent (return receipt requested), at the time when that mail is delivered or its delivery is attempted;
(v) if sent by electronic messaging system, at the time that electronic message is received; except that any notice or communication which is received, or delivery of which is attempted, after close of business on the date of receipt or attempted delivery or on a day which is not a day on which commercial banks are open for business in the place where that notice or other communication is to be given shall be treated as given at the opening of business on the next following day which is such a day.
(c) If -lf-
(i) there occurs in relation to either party an event which, upon the service of a Default Notice, would be an Event of Default; and
(ii) the non-Defaulting Party, having made all practicable efforts to do so, including having attempted to use at least two of the methods specified in sub sub-paragraph (b)(ii), (iii) or (v), has been unable to serve a Default Notice by one of the methods specified in those sub sub-paragraphs (or such of those methods as are normally used by the non-Defaulting Party when communicating with the Defaulting Party), the non-Defaulting Party may sign a written notice (a “Special Default Notice”) which -
Appears in 2 contracts
Samples: Global Master Repurchase Agreement, Global Master Repurchase Agreement (CION Investment Corp)
Notices and Other Communications. (a) Any notice or other communication to be given under this Agreement -
(i) shall be in the English language, and except where expressly otherwise provided in this Agreement, shall be in writing;
(ii) may be given in any manner described in sub sub-paragraphs (b) and (c) below;
(iii) shall be sent to the party to whom it is to be given at the address or number, or in accordance with the electronic messaging details, set out in Annex I hereto.
(b) Subject to sub sub-paragraph (c) below, any such notice or other communication shall be effective -
(i) if in writing and delivered in person or by courier, at the time when it is delivered;
(ii) if sent by telex, at the time when the recipient’s answerback is received;
(iii) if sent by facsimile transmission, at the time when the transmission is received by a responsible employee of the recipient in legible form (it being agreed that the burden of proving receipt will be on the sender and will not be met by a transmission report generated by the sender’s facsimile machine);
(iv) if sent by certified or registered mail (airmail, if overseas) or the equivalent (return receipt requested), at the time when that mail is delivered or its delivery is attempted;
(v) if sent by electronic messaging system, at the time that electronic message is received; except that any notice or communication which is received, or delivery of which is attempted, after close of business on the date of receipt or attempted delivery or on a day which is not a day on which commercial banks are open for business in the place where that notice or other communication is to be given shall be treated as given at the opening of business on the next following day which is such a day.
(c) If -
(i) there occurs in relation to either party an event which, upon the service of a Default Notice, would be an Event of Default; and
(ii) the non-Defaulting Party, having made all practicable efforts to do so, including having attempted to use at least two of the methods specified in sub sub-paragraph (b)(ii), (iii) or (v), has been unable to serve a Default Notice by one of the methods specified in those sub paragraphs (or such of those methods as are normally used by the non-Defaulting Party when communicating with the Defaulting Party), the non-Defaulting Party may sign a written notice (a “Special Default Notice”) which -serve
Appears in 1 contract
Samples: Committed Buy/Sell Back Facility Agreement (Eksportfinans Asa)
Notices and Other Communications. (a) Any notice including confirmations or other communication to be given under this Agreement -
(i) shall be in the English language, and except where expressly otherwise provided in this Agreement, shall be in writingmade through SWIFT;
(ii) may may, in exceptional circumstances, be given in any manner described in sub paragraphs (b) and (c) belowwriting, by facsimile transmission, certified or registered mail, or electronic messaging system;
(iii) shall be sent to the party to whom it is to be given at the address or facsimile number, or in accordance with the electronic messaging details, set out in Annex I heretoaccording to the provisions of General Terms and Conditions of the Central Bank.
(b) Subject to sub paragraph (c) below, any Any such notice or other communication shall be effective -
(i) if in writing and delivered in person or by courier, at the time when it is delivered;
(ii) if sent by telex, at the time when the recipient’s answerback is received;
(iii) if sent by facsimile transmission, at the time when the transmission is received by a responsible employee of the recipient in legible form (it being agreed that the burden of proving receipt will be on the sender and will not be met by a transmission report generated by the sender’s facsimile machine);
(iviii) if sent by certified or registered mail (airmail, if overseas) or the equivalent (return receipt requested), at the time when that mail is delivered or its delivery is attempted;
(viv) if sent by electronic messaging system, at the time that electronic message is received; except that any notice or communication which is received, or delivery of which is attempted, after close of business on the date of receipt or attempted delivery or on a day which is not a day on which commercial banks are the Central Bank is open for business in the place where that notice or other communication is to be given shall be treated as having been given at the opening of business the Central Bank on the next following day which is such a day.
(c) If -Either party may by notice to the other change the address, or facsimile number or electronic messaging system details at which notices or other communications are to be given to it.
(id) there occurs in relation The parties agree that each of them may electronically record all telephone conversations between them which relate to either party an event which, upon the service operation of a Default Notice, would be an Event of Default; and
(ii) the non-Defaulting Party, having made all practicable efforts to do so, including having attempted to use at least two of the methods specified in sub paragraph (b)(ii), (iii) or (v), has been unable to serve a Default Notice by one of the methods specified in those sub paragraphs (or such of those methods as are normally used by the non-Defaulting Party when communicating with the Defaulting Party), the non-Defaulting Party may sign a written notice (a “Special Default Notice”) which -this Agreement.
Appears in 1 contract
Samples: Master Repurchase Agreement
Notices and Other Communications. (a) Any notice or other communication to be given under this Agreement -Agreement—
(i) shall be in the English language, and except where expressly otherwise provided in this Agreement, shall be in writing;
(ii) may be given in any manner described in sub paragraphs (b) and (c) below;
(iii) shall be sent to the party to whom it is to be given at the address or number, or in accordance with the electronic messaging details, set out in Annex I hereto.
(b) Subject to sub paragraph (c) below, any such notice or other communication shall be effective -effective—
(i) if in writing and delivered in person or by courier, at the time when it is delivered;
(ii) if sent by telex, at the time when the recipient’s answerback is received;
(iii) if sent by facsimile transmission, at the time when the transmission is received by a responsible employee of the recipient in legible form (it being agreed that the burden of proving receipt will be on the sender and will not be met by a transmission report generated by the sender’s facsimile machine);
(iv) if sent by certified or registered mail (airmail, if overseas) or the equivalent (return receipt requested), at the time when that mail is delivered or its delivery is attempted;
(v) if sent by electronic messaging system, at the time that electronic message is received; except that any notice or communication which is received, or delivery of which is attempted, after close of business on the date of receipt or attempted delivery or on a day which is not a day on which commercial banks are open for business in the place where that notice or other communication is to be given shall be treated as given at the opening of business on the next following day which is such a day.
(c) If -
(i) there occurs in relation to either party an event which, upon the service of a Default Notice, would be an Event of Default; and
(ii) the non-Defaulting Party, having made all practicable efforts to do so, including having attempted to use at least two of the methods specified in sub paragraph (b)(ii), (iii) or (v), has been unable to serve a Default Notice by one of the methods specified in those sub paragraphs (or such of those methods as are normally used by the non-Defaulting Party when communicating with the Defaulting Party), the non-Defaulting Party may sign a written notice (a “Special Default Notice”) which -
Appears in 1 contract
Samples: Global Master Repurchase Agreement (FS Investment Corp II)
Notices and Other Communications. (a) 12.1 Any notice or other communication to be given under this Agreement -shall:
(ia) shall be in the English language, and except where expressly otherwise provided in this Agreement, shall be in writing;
(iib) may be given in any manner described in sub paragraphs (b) and (c) Section 12.2 below;
(iiic) shall be sent to the party Party to whom it is to be given at the address or number, or in accordance with the electronic messaging or e-mail details, set out in Annex I heretoherein.
(b) Subject to sub paragraph (c) below, any 12.2 Any such notice or other communication communications shall be effective -deemed effective:
(ia) if in writing and delivered in person or by courier, at the time when it is delivered;
(iib) if sent by telex, at the time when the recipient’s 's answerback is received;
(iiic) if sent by facsimile transmission, at the time when the transmission is received by a responsible employee of the recipient in legible form (it being agreed that the burden of proving receipt will be on the sender and will not be met by a transmission report generated by the sender’s 's facsimile machine);
(ivd) if sent by certified or registered mail (airmail, if overseas) or the equivalent (return receipt requested), at the time when that mail is delivered or its delivery is attempted;
(ve) if sent by electronic messaging system, at the time that electronic message is received; or
(f) if sent by e-mail, on the date it is delivered; provided that, except that any notice or communication which is received, or delivery of which is attempted, after close of business on the date of receipt or attempted delivery or on a day which is not a day on which commercial banks are open for business in the place where that notice or other communication is to be given given, shall be treated as given at the opening of business on the next following day which is such a day.
(c) 12.3 If -–
(ia) there occurs in relation to either party Party an event which, upon which gives rise to the service of a Default Notice, would be notice of an Event of DefaultDefault or the exercise of remedies in respect thereof; and
(iib) the non-Defaulting defaulting Party, having made all reasonably practicable efforts to do so, including having attempted to use at least two of the methods specified in sub paragraph (b)(ii), (iii) or (v), has been unable to serve a Default Notice such notice by one of the methods specified in those sub paragraphs Section 12.2 (or such of those methods as are normally used by the non-Defaulting defaulting Party when communicating with the Defaulting defaulting Party), then the non-Defaulting defaulting Party may sign a written notice (a “"Special Default Notice”") which:
(i) specifies the relevant event or exercise of remedies in respect thereof referred to by paragraph which has occurred in relation to the defaulting Party;
(ii) states that the non-defaulting Party, having made all practicable efforts to do so, has been unable to serve such notice by one of the methods specified in Section 12.2 (or such of those methods as are normally used by the non-defaulting Party when communicating with the defaulting Party);
(iii) specifies the date on which, and the approximate time at which, the Special Default Notice is signed by the non-defaulting Party; and
(iv) states that the event or exercise of remedies in respect thereof specified in accordance with sub-paragraph (i) above shall be treated as an Event of Default or exercise of remedies with effect from the date and time as specified. On the signature of a Special Default Notice the relevant event or exercise of remedies in respect thereof shall be treated as effective from the date and time so specified as an Event of Default or exercise of remedies in relation to the defaulting Party, and the Special Default Notice shall be treated and accepted as an effective notice. Any Special Default Notice should also be sent in a manner contemplated under 12.2.
12.4 All notices, demands or other communications hereunder shall be given or made in writing at the following addresses, or at such other addresses as may be designated by notice from such Party to all other Parties: Cactus Holding Company II, LLC P.X. Xxx 0000 Xxxxxxxx, XX 85353 Attn: Exxx Xxxxxx Telephone: 600-000-0000 Facsimile: 600-000-0000 Email: exxxxxx@xxxxxxxx.xxx Sxxxxxx Law Firm, P.C., LLO 400 Xxxxx 00xx Xxxxxx—Xxxxx 000 Xxxxxxx, XX 00000 Attn: Exxx Xxxxxxx Telephone: 400-000-0000 Facsimile: 400-000-0000 Email: exxxxxxx@xxxxxxxxxx.xxx Citigroup Global Markets Limited c/o Citigroup Global Markets Inc., as agent 300 Xxxxxxxxx Xxxxxx Xxx Xxxx, XX 00000 Attn: Hxxxxx Xxxxxx, Jxxxx Xxxxxxxxx and Bxxxxxx Xxxxxx Telephone: 200-000-0000 Email: hxxxxx.xxxxxx@xxxx.xxx jxxxx.xxxxxxxxx@xxxx.xxx bxxxxxx.xxxxxx@xxxx.xxx Citigroup Global Markets Limited c/o Citigroup Global Markets Inc., as agent 300 Xxxxxxxxx Xxxxxx, 00xx Xxxxx Xxx Xxxx, XX 00000 Attn: Alexia Breuvart – Equity Derivatives Legal Telephone: 200-000-0000 Email: axxxxx.xxxxxxxx@xxxx.xxx
Appears in 1 contract
Samples: Securities Sale and Repurchase Agreement (Moyes Jerry)
Notices and Other Communications. (a) Any notice or other communication to be given under this Agreement -
(i) shall be in the English language, and except where expressly otherwise provided in this Agreement, shall be in writing;
(ii) may be given in any manner described in sub sub-paragraphs (b) and (c) below;
(iii) shall be sent to the party to whom it is to be given at the address or number, or in accordance with the electronic messaging details, set out in Annex I hereto.
(b) Subject to sub sub-paragraph (c) below, any such notice or other communication shall be effective -
(i) if in writing and delivered in person or by courier, at the time when it is delivered;
(ii) if sent by telex, at the time when the recipient’s 's answerback is received;
(iii) if sent by facsimile transmission, at the time when the transmission is received by a responsible employee of the recipient in legible form (it being agreed that the burden of proving receipt will be on the sender and will not be met by a transmission report generated by the sender’s 's facsimile machine);
(iv) if sent by certified or registered mail (airmail, if overseas) or the equivalent (return receipt requested), at the time when that mail is delivered or its delivery is attempted;; October 2000 - 24 -
(v) if sent by electronic messaging system, at the time that electronic message is received; except that any notice or communication which is received, or delivery of which is attempted, after close of business on the date of receipt or attempted delivery or on a day which is not a day on which commercial banks are open for business in the place where that notice or other communication is to be given shall be treated as given at the opening of business on the next following day which is such a day.
(c) If -
(i) there occurs in relation to either party an event which, upon the service of a Default Notice, would be an Event of Default; and
(ii) the non-Defaulting Party, having made all practicable efforts to do so, including having attempted to use at least two of the methods specified in sub sub-paragraph (b)(ii), (iii) or (v), has been unable to serve a Default Notice by one of the methods specified in those sub sub-paragraphs (or such of those methods as are normally used by the non-Defaulting Party when communicating with the Defaulting Party), the non-Defaulting Party may sign a written notice (a “"Special Default Notice”") which -
Appears in 1 contract
Samples: Global Master Repurchase Agreement
Notices and Other Communications. (a) 12.1 Any notice or other communication to be given under this Agreement -shall:
(ia) shall be in the English language, and except where expressly otherwise provided in this Agreement, shall be in writing;
(iib) may be given in any manner described in sub paragraphs (b) and (c) Section 12.2 below;
(iiic) shall be sent to the party to whom it is to be given at the address or number, or in accordance with the electronic messaging details, set out in Annex I heretoherein.
(b) Subject to sub paragraph (c) below, any 12.2 Any such notice or other communication communications shall be effective -deemed effective:
(ia) if in writing and delivered in person or by courier, at the time when it is delivered;
(iib) if sent by telex, at the time when the recipient’s 's answerback is received;
(iiic) if sent by facsimile transmission, at the time when the transmission is received by a responsible employee of the recipient in legible form (it being agreed that the burden of proving receipt will be on the sender and will not be met by a transmission report generated by the sender’s 's facsimile machine);
(ivd) if sent by certified or registered mail (airmail, if overseas) or the equivalent (return receipt requested), at the time when that mail is delivered or its delivery is it attempted;
(ve) if sent by electronic messaging system, at the time that electronic message is received; received except that any notice or communication which is received, or delivery of which is attempted, after close of business on the date of receipt or attempted delivery or on a day which is not a day on which commercial banks are open for business in the place where that notice or other communication is to be given shall be treated as given at the opening of business on the next following day which is such a day.
(c) 12.3 If -–
(ia) there occurs in relation to either party an event which, upon which gives rise to the service of a Default Notice, would be an Event of Default; and
(iib) the non-Defaulting Party, having made all practicable efforts to do so, including having attempted to use at least two of the methods specified in sub paragraph (b)(ii), (iii) or (v), Section 12.2 hereof has been unable to serve a Default Notice by one of the methods specified in those sub sub-paragraphs (or such of those methods as are normally used by the non-Defaulting Party when communicating with the Defaulting Party), then the non-Defaulting Party may sign a written notice (a “"Special Default Notice”") which:
(i) specifies the relevant event referred to by Section which has occurred in relation to the Defaulting Party;
(ii) states that the non-Defaulting Party, having made all practicable efforts to do so, including having attempted to use at least two of the methods specified in Section 12.2 hereof, has been unable to serve a Default Notice by one of the methods specified in those sub-paragraphs (or such of those methods as are normally used by the non-Defaulting Party when communicating with the Defaulting Party);
(iii) specifies the date on which, and the time at which, the Special Default Notice is signed by the non-Defaulting Party; and
(iv) states that the event specified in accordance with Section 12.3(b)(i) above shall be treated as an Event of Default with effect from the date and time as specified. On the signature of a Special Default Notice the relevant event shall be treated as effective from the date and time so specified as an Event of Default in relation to the Defaulting Party, and the Special Default Notice shall be treated and accepted as an effective Default Notice. Any Special Default Notice should also be sent in a manner contemplated under Section 12.2 hereof.
12.4 All notices, demands or other communications hereunder shall be given or made in writing at the following addresses, or at such other addresses as may be designated by notice from such party to all other parties: TO BORROWER: Kingold Jewelry, Inc. 15 Huangpu Science and Technology Park Jiang'an District Wuhan, Hubei Province 430023 China, P.R. TO EQUITIES FIRST HOLDINGS LLC: Equities First Holdings LLC 00 Xxxx Xxxxxx Xxxxxx Xxxxx 0000 Xxxxxxxxxxxx, XX 00000
Appears in 1 contract
Samples: Stock Loan and Repurchase Agreement
Notices and Other Communications. (a) 11.1 Any notice or other communication to be given under this Agreement -shall:
(ia) shall be in the English language, and except where expressly otherwise provided in this Agreement, shall be in writing;
(iib) may be given in any manner described in sub paragraphs (b) and (c) sub-paragraph 11.2 below;
(iiic) shall be sent to the party to whom it is to be given at the address or number, or in accordance with the electronic messaging details, set out in Annex I heretoherein.
(b) Subject to sub paragraph (c) below, any 11.2 Any such notice or other communication communications shall be effective -deemed effective:
(ia) if in writing and delivered in person or by courier, at the time when it is delivered;
(iib) if sent by telex, at the time when the recipient’s answerback is received;
(iiic) if sent by facsimile transmission, at the time when the transmission is received by a responsible employee of the recipient in legible form (it being agreed that the burden of proving receipt will be on the sender and will not be met by a transmission report generated by the sender’s facsimile machine);
(ivd) if sent by certified or registered mail (airmail, if overseas) or the equivalent (return receipt requested), at the time when that mail is delivered or its delivery is it attempted;
(ve) if sent by electronic messaging system, at the time that electronic message is received; received except that any notice or communication which is received, or delivery of which is attempted, after close of business on the date of receipt or attempted delivery or on a day which is not a day on which commercial banks are open for business in the place where that notice or other communication is to be given shall be treated as given at the opening of business on the next following day which is such a day.
(c) 11.3 If -–
(ia) there occurs in relation to either party an event which, upon which gives rise to the service of a Default Notice, would be an Event of Default; and
(iib) the non-Defaulting Party, having made all practicable efforts to do so, including having attempted to use at least two of the methods specified in sub sub-paragraph (b)(ii), (iii) or (v), 11.2 has been unable to serve a Default Notice by one of the methods specified in those sub sub-paragraphs (or such of those methods as are normally used by the non-Defaulting Party when communicating with the Defaulting Party), then the non-Defaulting Party may sign a written notice (a “Special Default Notice”) which:
(i) specifies the relevant event referred to by paragraph which has occurred in relation to the Defaulting Party;
(ii) states that the non-Defaulting Party, having made all practicable efforts to do so, including having attempted to use at least two of the methods specified in sub-paragraphs 11.2, has been unable to serve a Default Notice by one of the methods specified in those sub-paragraphs (or such of those methods as are normally used by the non-Defaulting Party when communicating with the Defaulting Party);
(iii) specifies the date on which, and the time at which, the Special Default Notice is signed by the non-Defaulting Party; and
(iv) states that the event specified in accordance with sub-paragraph (i) above shall be treated as an Event of Default with effect from the date and time as specified. On the signature of a Special Default Notice the relevant event shall be treated as effective from the date and time so specified as an Event of Default in relation to the Defaulting Party, and the Special Default Notice shall be treated and accepted as an effective Default Notice. Any Special Default Notice should also be sent in a manner contemplated under 11.2.
11.4 All notices, demands or other communications hereunder shall be given or made in writing at the following addresses, or at such other addresses as may be designated by notice from such party to all other parties: Xxxx Xxxxxxxx xxxxxx Equities First Holdings LLC 00 Xxxx Xxxxxx Xxxxxx Xxxxx 0000 Xxxxxxxxxxxx, XX 00000
Appears in 1 contract
Notices and Other Communications. 45.1 Any notice to be given to or by any person pursuant to these Articles shall be in writing other than a notice calling a meeting of the Directors which need not be in writing.
45.2 Any notice, document or information may (without prejudice to Articles 45.9 and 45.10) be given, sent or supplied by the Company to any member either:
(a) Any notice personally;
(b) by sending it by post in a prepaid envelope addressed to the member at his registered address or other communication postal address given to the Company for that purpose, or by leaving it at that address;
(c) subject to Article 45.3, by sending it in electronic form to a person who has agreed (generally or specifically) that the notice, document or information may be given under this Agreement -sent or supplied in that form (and has not revoked that agreement); or
(d) subject to the provisions of the Companies Act, by making it available on a website, provided that the requirements in (i) to (iv) below are satisfied. The requirements referred to in paragraph (d) are that:
(i) shall the member has agreed (generally or specifically) that the notice, document or information may be sent or supplied to him by being made available on a website (and has not revoked that agreement), or the member has been asked by the Company to agree that the Company may send or supply notices, documents and information generally, or the notice, document or information in question, to him by making it available on a website and the English language, Company has not received a response within the period of 28 days beginning on the date on which the Company’s request was sent and except where expressly otherwise provided in this Agreement, shall be in writingthe member is therefore taken to have so agreed (and has not revoked that agreement);
(ii) the member is sent a notification of the presence of the notice, document or information on a website, the address of that website, the place on that website where it may be accessed, and how it may be accessed (notification of availability); and
(iii) in the case of a notice of meeting, the notification of availability states that it concerns a notice of a company meeting, specifies the place, time and date of the meeting, and states whether it will be an annual general meeting, and
(iv) the notice, document or information continues to be published on that website, in the case of a notice of meeting, throughout the period beginning with the date of the notification of availability and ending with the conclusion of the meeting and in all other cases throughout the period specified by any applicable provision of the Companies Act, or, if no such period is specified, throughout the period of 28 days beginning with the date on which the notification of availability is sent to the member, save that if the notice, document or information is made available for part only of that period then failure to make it available throughout that period shall be disregarded where such failure is wholly attributable to circumstances which it would not be reasonable to have expected the Company to prevent or avoid.
45.3 The Board may from time to time issue, endorse or adopt terms and conditions relating to the use of electronic means for the sending of notices, other documents and proxy appointments by the Company to members or persons entitled by transmission and by members or persons entitled by transmission to the Company.
45.4 In the case of joint holders of a share:
(a) it shall be sufficient for all notices, documents and other information to be given, sent or supplied to the joint holder whose name stands first in the register of members in respect of the joint holding (first named holder) only and any notice, document or other information so sent shall be deemed for all purposes sent to all the joint holders; and
(b) the agreement of the first named holder that notices, documents and information may be given, sent or supplied in electronic form or by being made available on a website shall be binding on all the joint holders.
45.5 The Company may at any time and at its sole discretion choose to give, send or supply notices, documents and information only in hard copy form to some or all members.
45.6 For the avoidance of doubt, the provisions of Articles 45.1 to 45.5 are subject to Article 17.6.
45.7 A member present either in person or by proxy, or in the case of a corporate member by a duly authorised representative, at any meeting of the Company or of the holders of any class of shares shall be deemed to have received notice of the meeting and, where requisite, of the purposes for which it was called.
45.8 Every person who becomes entitled to a share shall be bound by any notice in respect of that share which, before his name is entered in the register of members, has been given to the person from whom he derives his title, but this Article 45.8 does not apply to a notice given under section 793 of the Companies Act.
45.9 Subject to the Companies Act, where by reason of the suspension or curtailment of postal services, the Company is unable effectively to give notice of a general meeting, the general meeting may be convened by public announcement. The Company shall send a copy of the notice to members in the same manner as it sends notices under Articles 45.1 to 45.5 inclusive if at least seven clear days before the meeting the posting of notices again becomes practicable.
45.10 Subject to the Companies Act, any notice, document or information to be given, sent or supplied by the Company to the members or any of them, not being a notice to which Article 45.9 applies, shall be sufficiently given, sent or supplied if given by public announcement.
45.11 Any notice, document or information given, sent or supplied by the Company to the members or any of them:
(a) by hand shall be deemed to have been received by the member when it is handed to the member or left at his registered address;
(b) by post, shall be deemed to have been received 24 hours after the time at which the envelope containing the notice, document or information was posted unless it was sent by second class post or there is only one class of post, or it was sent by air mail to an address outside the United Kingdom, in which case it shall be deemed to have been received 48 hours after it was posted Proof that the envelope was properly addressed, prepaid and posted shall be conclusive evidence that the notice, document or information was sent or supplied;
(c) by advertisement, shall be deemed to have been received on the day on which the advertisement appears;
(d) by electronic means, shall be deemed to have been received by the member on the day following that on which it was sent or supplied Proof that a notice, document or information in electronic form was addressed to the electronic address provided by the member for the purpose of receiving communications from the Company shall be conclusive evidence that the notice, document or information was sent or supplied and such notice, document or information shall be deemed received by the member at that time notwithstanding that the Company becomes aware that the member has filed to receive the relevant notice, document or information for any reason and notwithstanding that the Company subsequently sends or supplies a hard copy of such document or information by post to the member;
(e) by making it available on a website, shall be deemed to have been received on the date on which the notice, document or information was first made available on the website or, if later, when the member is deemed to have been received notification of the fact that the notice, document or information was available on the website in accordance with this Article 45.11 and such notice, document or information shall be deemed received by the member on that day notwithstanding that the Company becomes aware that the member has filed to receive the relevant document or information for any reason and notwithstanding that the Company subsequently sends a hard copy of such notice, document or information by post to the member, or
(f) by means of a Depositary, shall be deemed to have been received 24 hours after the Company, or person acting on the Company’s behalf, gives the notice, document or information to the Depositary.
45.12 Any notice, document or information may be given, sent or supplied by the Company to the person entitled to a share in consequence of the death or bankruptcy of a member or otherwise by operation of law by sending or delivering it in any manner that the Company may choose authorised by these Articles for the sending of notice, document or information to a member addressed to that person by name, or by the title of representative of the deceased or trustee of the bankrupt or by any similar description, at the address, if any, as may be supplied for that purpose by the person claiming to be so entitled. Until such an address has been supplied, a notice may be given in any manner described in sub paragraphs which it might have been given if the death or bankruptcy or other event giving rise to the transmission had not occurred.
45.13 If on three consecutive occasions, or on one occasion and reasonable enquiries have failed to establish the member’s address, notices, documents or information sent or supplied to a member by post have been returned undelivered, the member shall not be entitled to receive any subsequent notice, document or information until he has supplied to the Company (bor its agent) and (c) below;
(iii) a new registered address or a postal address, or shall have informed the Company, in such a manner as may be specified by the Company, of an electronic address. For the purposes of this Article 45.13, references to notices, documents or information include references to a cheque or other instrument of payment, but nothing in this Article 45.13 entitles the Company to cease sending any cheque or other instrument of payment for any dividend, unless it is otherwise so entitled under these Articles. Without prejudice to the generality of the foregoing, any notice of a general meeting of the Company which is in fact sent or purports to be sent to such member shall be ignored for the party to whom it purpose of determining the validity of the proceedings at such general meeting.
45.14 Where a document is required under these Articles to be given at signed by a member or any other person, if the address or numberdocument is in electronic form, then in order to be valid the document must either:
(a) incorporate the electronic signature, or personal identification details (which may be details previously allocated by the Company), of that member or other person, in accordance with such form as the electronic messaging details, set out in Annex I hereto.Directors may approve; or
(b) Subject be accompanied by such other evidence as the Directors may require in order to sub paragraph (c) belowbe satisfied that the document is genuine. The Company may designate mechanisms for validating any such document and a document not validated by the user of any such mechanisms shall be deemed as having not been received by the Company. In the case of any document or information relating to a meeting, an instrument of proxy or invitation to appoint a proxy, any such notice or other communication validation requirements shall be effective -
(i) if in writing and delivered in person or by courier, at the time when it is delivered;
(ii) if sent by telex, at the time when the recipient’s answerback is received;
(iii) if sent by facsimile transmission, at the time when the transmission is received by a responsible employee of the recipient in legible form (it being agreed that the burden of proving receipt will be on the sender and will not be met by a transmission report generated by the sender’s facsimile machine);
(iv) if sent by certified or registered mail (airmail, if overseas) or the equivalent (return receipt requested), at the time when that mail is delivered or its delivery is attempted;
(v) if sent by electronic messaging system, at the time that electronic message is received; except that any notice or communication which is received, or delivery of which is attempted, after close of business on the date of receipt or attempted delivery or on a day which is not a day on which commercial banks are open for business specified in the place where that relevant notice or other communication is to be given shall be treated as given at the opening of business on the next following day which is such a daymeeting in accordance with Articles 17.5 and 22.6(b).
(c) If -
(i) there occurs in relation to either party an event which, upon the service of a Default Notice, would be an Event of Default; and
(ii) the non-Defaulting Party, having made all practicable efforts to do so, including having attempted to use at least two of the methods specified in sub paragraph (b)(ii), (iii) or (v), has been unable to serve a Default Notice by one of the methods specified in those sub paragraphs (or such of those methods as are normally used by the non-Defaulting Party when communicating with the Defaulting Party), the non-Defaulting Party may sign a written notice (a “Special Default Notice”) which -
Appears in 1 contract
Samples: Letter of Intent (Cyberonics Inc)
Notices and Other Communications. (a) Any notice or other communication to be given under this Agreement -
(i) shall be in the English language, and except where expressly otherwise provided in this Agreement, shall be in writing;
(ii) may be given in any manner described in sub sub-paragraphs (b) and (c) below;; and
(iii) shall be sent to the party Party to whom it is to be given at the address or number, or in accordance with the electronic messaging details, set out in Annex I hereto.
(b) Subject to sub sub-paragraph (c) below, any such notice or other communication shall be effective -effective-
(i) if in writing and delivered in person or by courier, at the time when it is delivered;
(ii) if sent by telex, at the time when the recipient’s answerback is received;
(iii) if sent by facsimile transmission, at the time when the transmission is received by a responsible employee of the recipient in legible form (it being agreed that the burden of proving receipt will be on the sender and will not be met by a transmission report generated by the sender’s facsimile machine)received;
(iviii) if sent by certified or registered mail (airmail, if overseas) or the equivalent (return receipt requested), at the time when that mail is delivered or its delivery is attempted;
(viv) if sent by electronic messaging system, at the time that electronic message is received; except that any notice or communication which is received, or delivery of which is attempted, after close of business on the date of receipt or attempted delivery or on a day which is not a day on which commercial banks are open for business in the place where that notice or other communication is to be given shall be treated as given at the opening of business on the next following day which is such a day.
(c) If -–
(i) there occurs in relation to either party Party an event which, upon the service of a Default Notice, would be an Event of Default; and
(ii) the non-Defaulting Party, having made all practicable efforts to do so, including having attempted to use at least two either of the methods specified in sub sub-paragraph (b)(ii), (iii) or (viv), has been unable to serve a Default Notice by one of the methods specified in those sub sub-paragraphs (or such of those methods as are normally used by the non-Defaulting Party when communicating with the Defaulting Party), the non-Defaulting Party may sign a written notice (a “‘Special Default Notice”’) which -- (aa) specifies the relevant event referred to in paragraph 12 which has occurred in relation to the Defaulting Party;
Appears in 1 contract
Samples: Master Repurchase Agreement
Notices and Other Communications. (a) Any notice or other communication to be given under this Agreement -–
(i) shall be in the English language, and except where expressly otherwise provided in this Agreement, shall be in writing;
(ii) may be given in any manner described in sub sub-paragraphs (b) and (c) below;
(iii) shall be sent to the party to whom it is to be given at the address or number, or in accordance with the electronic messaging details, set out in Annex I 2 hereto.
(b) Subject to sub sub-paragraph (c) below, any such notice or other communication shall be effective -–
(i) if in writing and delivered in person or by courier, at the time when it is delivered;
(ii) if sent by telexxxxxx, at the time when the recipient’s 's answerback is received;
(iii) if sent by facsimile transmission, at the time when the transmission is received by a responsible employee of the recipient in legible form (it being agreed that the burden of proving receipt will be on the sender and will not be met by a transmission report generated by the sender’s 's facsimile machine);
(iv) if sent by certified or registered mail (airmail, if overseas) or the equivalent (return receipt requested), at the time when that mail is delivered or its delivery is attempted;
(v) if sent by electronic messaging system, at the time that electronic message is received; except that any notice or communication which is received, or delivery of which is attempted, after close of business on the date of receipt or attempted delivery or on a day which is not a day on which commercial banks are open for business in the place where that notice or other communication is to be given shall be treated as given at the opening of business on the next following day which is such a day.
(c) If -–
(i) there occurs in relation to either party an event which, upon the service of a Default Notice, would be an Event of Default; and
(ii) the non-Defaulting Party, having made all practicable efforts to do so, including having attempted to use at least two of the methods specified in sub sub-paragraph (b)(ii), (iii) or (v), has been unable to serve a Default Notice by one of the methods specified in those sub sub-paragraphs (or such of those methods as are normally used by the non-Defaulting Party when communicating with the Defaulting Party), the non-Defaulting Party may sign a written notice (a “"Special Default Notice”") which – aa specifies the relevant event referred to in paragraph 10(a) which has occurred in relation to the Defaulting Party; bb states that the non-Defaulting Party, having made all practicable efforts to do so, including having attempted to use at least two of the methods specified in sub-paragraph (b)(ii), (iii) or (v), has been unable to serve a Default Notice by one of the methods specified in those sub-paragraphs (or such of those methods as are normally used by the non-Defaulting Party when communicating with the Defaulting Party); cc specifies the date on which, and the time at which, the Special Default Notice is signed by the non-Defaulting Party; and dd states that the event specified in accordance with sub-paragraph (aa) above shall be treated as an Event of Default with effect from the date and time so specified. On the signature of a Special Default Notice the relevant event shall be treated with effect from the date and time so specified as an Event of Default in relation to the Defaulting Party, and accordingly references in paragraph 10 to a Default Notice shall be treated as including a Special Default Notice. A Special Default Notice shall be given to the Defaulting Party as soon as practicable after it is signed.
d) Either party may by notice to the other change the address, telex or facsimile number or electronic messaging system details at which notices or other communications are to be given to it.
Appears in 1 contract
Samples: Master Repurchase Agreement
Notices and Other Communications. (a) Any notice or other communication to be given under this Agreement -
(i) shall be in the English language, and except where expressly otherwise provided in this Agreement, shall be in writing;; October 2000 16
(ii) may be given in any manner described in sub sub-paragraphs (b) and (c) below;
(iii) shall be sent to the party to whom it is to be given at the address or number, or in accordance with the electronic messaging details, set out in Annex I hereto.
(b) Subject to sub sub-paragraph (c) below, any such notice or other communication shall be effective -
(i) if in writing and delivered in person or by courier, at the time when it is delivered;
(ii) if sent by telex, at the time when the recipient’s 's answerback is received;
(iii) if sent by facsimile transmission, at the time when the transmission is received by a responsible employee of the recipient in legible form (it being agreed that the burden of proving receipt will be on the sender and will not be met by a transmission report generated by the sender’s 's facsimile machine);
(iv) if sent by certified or registered mail (airmail, if overseas) or the equivalent (return receipt requested), at the time when that mail is delivered or its delivery is attempted;
(v) if sent by electronic messaging system, at the time that electronic message is received; except that any notice or communication which is received, or delivery of which is attempted, after close of business on the date of receipt or attempted delivery or on a day which is not a day on which commercial banks are open for business in the place where that notice or other communication is to be given shall be treated as given at the opening of business on the next following day which is such a day.
(c) If -
(i) there occurs in relation to either party an event which, upon the service of a Default Notice, would be an Event of Default; and
(ii) the non-Defaulting Party, having made all practicable efforts to do so, including having attempted to use at least two of the methods specified in sub sub-paragraph (b)(ii), (iii) or (v), has been unable to serve a Default Notice by one of the methods specified in those sub sub-paragraphs (or such of those methods as are normally used by the non-Defaulting Party when communicating with the Defaulting Party), the non-Defaulting Party may sign a written notice (a “"Special Default Notice”") which -
Appears in 1 contract
Samples: Global Master Repurchase Agreement (Eksportfinans Asa)
Notices and Other Communications. (a) Any notice or other communication to be given under this Agreement -
(i) shall be in the English language, and except where expressly otherwise provided in this Agreement, shall be in writing;
(ii) may be given in any manner described in sub sub-paragraphs (b) and (c) below;
(iii) shall be sent to the party to whom it is to be given at the address or number, or in accordance with the electronic messaging details, set out in Annex I hereto.
(b) Subject to sub sub-paragraph (c) below, any such notice or other communication shall be effective -
(i) if in writing and delivered in person or by courier, at the time when it is delivered;
(ii) if sent by telex, at the time when the recipient’s answerback is received;
(iii) if sent by facsimile transmission, at the time when the transmission is received by a responsible employee of the recipient in legible form (it being agreed that the burden of proving receipt will be on the sender and will not be met by a transmission report generated by the sender’s facsimile machine);
(iv) if sent by certified or registered mail (airmail, if overseas) or the equivalent (return receipt requested), at the time when that mail is delivered or its delivery is attempted;
(v) if sent by electronic messaging system, at the time that electronic message is received; except that any notice or communication which is received, or delivery of which is attempted, after close of business on the date of receipt or attempted delivery or on a day which is not a day on which commercial banks are open for business in the place where that notice or other communication is to be given shall be treated as given at the opening of business on the next following day which is such a day.
(c) If -
(i) there occurs in relation to either party an event which, upon the service of a Default Notice, would be an Event of Default; and
(ii) the non-Defaulting Party, having made all practicable efforts to do so, including having attempted to use at least two of the methods specified in sub sub-paragraph (b)(ii), (iii) or (v), has been unable to serve a Default Notice by one of the methods specified in those sub sub-paragraphs (or such of those methods as are normally used by the non-Defaulting Party when communicating with the Defaulting Party), the non-Defaulting Party may sign a written notice (a “Special Default Notice”) which -,
Appears in 1 contract
Samples: Global Master Repurchase Agreement (Eco Telecom LTD)
Notices and Other Communications. (a) 11.1 Any notice or other communication to be given under this Agreement -shall:
(ia) shall be in the English language, and except where expressly otherwise provided in this Agreement, shall be in writing;
(iib) may be given in any manner described in sub paragraphs (b) and (c) sub-paragraph 11.2 below;
(iiic) shall be sent to the party to whom it is to be given at the address or number, or in accordance with the electronic messaging details, set out in Annex I heretoherein.
(b) Subject to sub paragraph (c) below, any 11.2 Any such notice or other communication communications shall be effective -deemed effective:
(ia) if in writing and delivered in person or by courier, at the time when it is delivered;
(iib) if sent by telex, at the time when the recipient’s answerback is received;
(iiic) if sent by facsimile transmission, at the time when the transmission is received by a responsible employee of the recipient in legible form (it being agreed that the burden of proving receipt will be on the sender and will not be met by a transmission report generated by the sender’s facsimile machine);
(ivd) if If sent by certified or registered mail (airmail, if overseas) or the equivalent (return receipt requested), at the time when that mail is delivered or its delivery is it attempted;
(ve) if If sent by electronic messaging system, at the time that electronic message is received; received except that any notice or communication which is received, or delivery of which is attempted, after close of business on the date of receipt or attempted delivery or on a day which is not a day on which commercial banks are open for business in the place where that notice or of other communication is to be given shall be treated as given at the opening of business on the next following day which is such a day.
(c) 11.3 If -–
(ia) there occurs in relation to either party an event which, upon which gives rise to the service of a Default Notice, would be an Event of Default; and
(iib) the non-Defaulting Party, having made all practicable efforts to do so, including having attempted to use at least two of the methods specified in sub sub-paragraph (b)(ii), (iii) or (v), 11.2 has been unable to serve a Default Notice by one of the methods specified in those sub sub-paragraphs (or such of those methods as are normally used by the non-Defaulting Party when communicating with the Defaulting Party), then the non-Defaulting Party may sign a written notice (a “Special Default Notice”) which:
(i) specifies the relevant event referred to by paragraph which has occurred in relation to the Defaulting Party;
(ii) states that the non-Defaulting Party, having made all practicable efforts to do so, including having attempted to use at least two of the methods specified in sub-paragraphs 11.2, has been unable to serve a Default Notice by one of the methods specified in those sub-paragraphs (or such of those methods as are normally used by the non-Defaulting Party when communicating with the Defaulting Party);
(iii) specifies the date on which, and the time at which, the Special Default Notice is signed by the non-Defaulting Party; and
(iv) states that the event specified in accordance with sub-paragraph (i) above shall be treated as an Event of Default with effect from the date and time as specified. On the signature of a Special Default Notice the relevant event shall be treated as effective from the date and time so specified as an Event of Default in relation to the Defaulting Party, and the Special Default Notice shall be treated and accepted as an effective Default Notice. Any Special Default Notice should also be sent in a manner contemplated under 11.2.
11.4 All notices, demands or other communications hereunder shall be given or made in writing at the following addresses, or at such other addresses as may be designated by notice from such party to all other parties: Xxxx Xxxxxxxx xxxxxx Equities First Holdings LLC 00 Xxxx Xxxxxx Xxxxxx Xxxxx 0000 Xxxxxxxxxxxx, XX 00000
Appears in 1 contract
Notices and Other Communications. (a) Any notice or other communication to be given under this Agreement -Agreement-
(i) shall be in the English languagelanguage and, and except where expressly otherwise provided in this Agreement, shall be in writing;
(ii) may be given in any manner described in sub paragraphs sub-paragraph (b) and (c) below;
(iii) shall be sent to the party to whom it is to be given at the address or number, or in accordance with the electronic messaging details, set out in Annex I hereto.V.
(b) Subject to sub paragraph (c) below, any Any such notice or other communication shall be effective -effective-
(i) if in writing and delivered in person or by courier, at the time when it is delivered;
(ii) if sent by telex, at the time when the recipientrecipient ’s answerback is received;
(iii) if sent by facsimile transmission, at the time when the transmission is received by a responsible employee of the recipient in legible form (it being agreed that the burden of proving receipt will be on the sender and will not be met by a transmission report generated by the sendersender ’s facsimile machine);
(iv) if sent by certified or registered mail (airmail, if overseas) or the equivalent (return receipt requested), at the time when that mail is delivered or its delivery is attempted;
(v) if sent by electronic messaging system, at the time that electronic message is received; except that any notice or communication which is received, or delivery of which is attempted, after close of business on the date of receipt or attempted delivery or on a day which is not a day on which commercial banks are open for business in the place where that notice or other communication is to be given shall be treated as given at the opening of business on the next following day which is such a day.
(c) If -
(i) there occurs in relation Either party may by notice to either party an event whichthe other change the address, upon the service of a Default Notice, would telex or facsimile number or electronic messaging system details at which notices or other communications are to be an Event of Default; and
(ii) the non-Defaulting Party, having made all practicable efforts given to do so, including having attempted to use at least two of the methods specified in sub paragraph (b)(ii), (iii) or (v), has been unable to serve a Default Notice by one of the methods specified in those sub paragraphs (or such of those methods as are normally used by the non-Defaulting Party when communicating with the Defaulting Party), the non-Defaulting Party may sign a written notice (a “Special Default Notice”) which -it.
Appears in 1 contract
Samples: Global Master Repurchase Agreement
Notices and Other Communications. (a) Any notice or other communication to be given under this Agreement -
(i) shall be in the English language, and except where expressly otherwise provided in this Agreement, shall be in writing;
(ii) may be given in any manner described in sub sub- paragraph paragraphs (b) and (c) below;and
(iii) shall be sent to the party to whom it is to be given at the address or number, or in accordance with the electronic messaging details, set out in Annex I hereto.. V.
(b) Any(b) Subject to sub sub-paragraph (c) below, any such notice or other communication shall be effective -
(i) if in writing and delivered in person or by courier, at the time when it is delivered;
(ii) if sent by telex, at the time when the recipient’s 's answerback is received;
(iii) if sent by facsimile transmission, at the time when the transmission is received by a responsible employee of the recipient in legible form (it being agreed that the burden of proving receipt will be on the sender and will not be met by a transmission report generated by the sender’s 's facsimile machine);
(iv) if sent by certified or registered mail (airmail, if overseas) or the equivalent (return receipt requested), at the time when that mail is delivered or its delivery is attempted;
(v) if sent by electronic messaging system, at the time that electronic message is received; except that any notice or communication which is received, or delivery of which is attempted, after close of business on the date of receipt or attempted delivery or on a day which is not a day on which commercial banks are open for business in the place where that notice or other communication is to be given shall be treated as given at the opening of business on the next following day which is such a day.
(c) If -
(i) there occurs in relation to either party an event which, upon the service of a Default Notice, would be an Event of Default; and
(ii) the non-Defaulting Party, having made all practicable efforts to do so, including having attempted to use at least two of the methods specified in sub sub-paragraph (b)(ii), (iii) or (v), has been unable to serve a Default Notice by one of the methods specified in those sub sub-paragraphs (or such of those methods as are normally used by the non-Defaulting Party when communicating with the Defaulting Party), the non-Defaulting Party may sign a written notice (a “"Special Default Notice”") which -- (aa) specifies the relevant event referred to in paragraph 10(a) which has occurred in relation to the Defaulting Party;
Appears in 1 contract
Samples: Global Master Repurchase Agreement
Notices and Other Communications. (a) 12.1 Any notice or other communication to be given under this Agreement -shall:
(ia) shall be in the English language, and except where expressly otherwise provided in this Agreement, shall be in writing;
(iib) may be given in any manner described in sub paragraphs (b) and (c) Section 12.2 below;
(iiic) shall be sent to the party to whom it is to be given at the address or number, or in accordance with the electronic messaging details, set out in Annex I heretoherein.
(b) Subject to sub paragraph (c) below, any 12.2 Any such notice or other communication communications shall be effective -deemed effective:
(ia) if in writing and delivered in person or by courier, at the time when it is delivered;
(iib) if sent by telex, at the time when the recipient’s 's answerback is received;
(iiic) if sent by facsimile transmission, at the time when the transmission is received by a responsible employee of the recipient in legible form (it being agreed that the burden of proving receipt will be on the sender and will not be met by a transmission report generated by the sender’s 's facsimile machine);
(ivd) if sent by certified or registered mail (airmail, if overseas) or the equivalent (return receipt requested), at the time when that mail is delivered or its delivery is it attempted;
(ve) if sent by electronic messaging system, at the time that electronic message is received; received except that any notice or communication which is received, or delivery of which is attempted, after close of business on the date of receipt or attempted delivery or on a day which is not a day on which commercial banks are open for business in the place where that notice or other communication is to be given shall be treated as given at the opening of business on the next following day which is such a day.
(c) 12.3 If -–
(ia) there occurs in relation to either party an event which, upon which gives rise to the service of a Default Notice, would be an Event of Default; and
(iib) the non-Defaulting Party, having made all practicable efforts to do so, including having attempted to use at least two of the methods specified in sub paragraph (b)(ii), (iii) or (v), Section 12.2 hereof has been unable to serve a Default Notice by one of the methods specified in those sub sub-paragraphs (or such of those methods as are normally used by the non-Defaulting Party when communicating with the Defaulting Party), then the non-Defaulting Party may sign a written notice (a “"Special Default Notice”") which:
(i) specifies the relevant event referred to by Section which has occurred in relation to the Defaulting Party;
(ii) states that the non-Defaulting Party, having made all practicable efforts to do so, including having attempted to use at least two of the methods specified in Section 12.2 hereof, has been unable to serve a Default Notice by one of the methods specified in those sub-paragraphs (or such of those methods as are normally used by the non-Defaulting Party when communicating with the Defaulting Party);
(iii) specifies the date on which, and the time at which, the Special Default Notice is signed by the non-Defaulting Party; and
(iv) states that the event specified in accordance with Section 12.3(b)(i) above shall be treated as an Event of Default with effect from the date and time as specified. On the signature of a Special Default Notice the relevant event shall be treated as effective from the date and time so specified as an Event of Default in relation to the Defaulting Party, and the Special Default Notice shall be treated and accepted as an effective Default Notice. Any Special Default Notice should also be sent in a manner contemplated under Section 12.2 hereof.
12.4 All notices, demands or other communications hereunder shall be given or made in writing at the following addresses, or at such other addresses as may be designated by notice from such party to all other parties: Kingold Jewelry, Inc. 15 Huangpu Science and Technology Park Jiang'an District Wuhan, Hubei Province 430023 China, P.R. Equities First Holdings LLC 10 Xxxx Xxxxxx Xxxxxx Xxxxx 0000 Xxxxxxxxxxxx, XX 00000
Appears in 1 contract
Samples: Stock Loan and Repurchase Agreement (Kingold Jewelry, Inc.)
Notices and Other Communications. (a) 11.1 Any notice or other communication to be given under this Agreement -shall:
(ia) shall be in the English language, and except where expressly otherwise provided in this Agreement, shall be in writing;
(iib) may be given in any manner described in sub paragraphs (b) and (c) sub-paragraph 11.2 below;
(iiic) shall be sent to the party to whom it is to be given at the address or number, or in accordance with the electronic messaging details, set out in Annex I heretoherein.
(b) Subject to sub paragraph (c) below, any 11.2 Any such notice or other communication communications shall be effective -deemed effective:
(ia) if in writing and delivered in person or by courier, at the time when it is delivered;
(iib) if sent by telex, at the time when the recipient’s answerback is received;
(iiic) if sent by facsimile transmission, at the time when the transmission is received by a responsible employee of the recipient in legible form (it being agreed that the burden of proving receipt will be on the sender and will not be met by a transmission report generated by the sender’s facsimile machine);
(ivd) if sent by certified or registered mail (airmail, if overseas) or the equivalent (return receipt requested), at the time when that mail is delivered or its delivery is it attempted;
(ve) if sent by electronic messaging system, at the time that electronic message is received; received except that any notice or communication which is received, or delivery of which is attempted, after close of business on the date of receipt or attempted delivery or on a day which is not a day on which commercial banks are open for business in the place where that notice or other communication is to be given shall be treated as given at the opening of business on the next following day which is such a day.
(c) If -11.3 If–
(ia) there occurs in relation to either party an event which, upon which gives rise to the service of a Default Notice, would be an Event of Default; and
(iib) the non-Defaulting Party, having made all practicable efforts to do so, including having attempted to use at least two of the methods specified in sub sub-paragraph (b)(ii), (iii) or (v), 11.2 has been unable to serve a Default Notice by one of the methods specified in those sub sub-paragraphs (or such of those methods as are normally used by the non-Defaulting Party when communicating with the Defaulting Party), then the non-Defaulting Party may sign a written notice (a “Special Default Notice”) which:
(i) specifies the relevant event referred to by paragraph which has occurred in relation to the Defaulting Party;
(ii) states that the non-Defaulting Party, having made all practicable efforts to do so, including having attempted to use at least two of the methods specified in sub-paragraphs 11.2, has been unable to serve a Default Notice by one of the methods specified in those sub-paragraphs (or such of those methods as are normally used by the non-Defaulting Party when communicating with the Defaulting Party);
(iii) specifies the date on which, and the time at which, the Special Default Notice is signed by the non-Defaulting Party; and
(iv) states that the event specified in accordance with sub-paragraph (i) above shall be treated as an Event of Default with effect from the date and time as specified. On the signature of a Special Default Notice the relevant event shall be treated as effective from the date and time so specified as an Event of Default in relation to the Defaulting Party, and the Special Default Notice shall be treated and accepted as an effective Default Notice. Any Special Default Notice should also be sent in a manner contemplated under 11.2.
11.4 All notices, demands or other communications hereunder shall be given or made in writing at the following addresses, or at such other addresses as may be designated by notice from such party to all other parties: Xxxx Xxxxxxxx xxxxxx Equities First Holdings LLC 00 Xxxx Xxxxxx Xxxxxx Xxxxx 0000 Xxxxxxxxxxxx, XX 00000
Appears in 1 contract
Notices and Other Communications. (a) Any notice or other communication to be given under this Agreement -
(i) shall be in the English language, and except where expressly otherwise provided in this Agreement, shall be in writing;
(ii) may be given in any manner described in sub sub-paragraphs (b) and (c) below;
(iii) shall be sent to the party to whom it is to be given at the address or number, or in accordance with the electronic messaging details, set out in Annex I hereto.I.
(b) Subject to sub sub-paragraph (c) below, any such notice or other communication shall be effective -
(i) if in writing and delivered in person or by courier, at on the time date when it is delivered;
(ii) if sent by telex, at the time when the recipient’s answerback is received;
(iii) if sent by facsimile transmission, at on the time date when the transmission is received by a responsible employee of the recipient in legible form (it being agreed that the burden of proving receipt will be on the sender and will not be met by a transmission report generated by the sender’s 's facsimile machine);
(iviii) if sent by certified or registered mail (airmail, if overseas) or the equivalent (return receipt requested), at on the time when date that mail is delivered or its delivery is attempted;; or
(viv) if sent by electronic messaging systemElectronic Messaging System, at on the time date that electronic message is received; except that any notice or communication which is received, or delivery of which is attempted, after close of business on the date of receipt or attempted delivery or on a day which is not a day on which commercial banks are open for business in the place where that notice or other communication is to be given shall be treated as given at the opening of business on the next following day which is such a day.
(c) If -
(i) there occurs in relation to either party an event which, upon the service of a Default Notice, would be an Event of Default; and
(ii) the non-Defaulting Party, having made all practicable efforts to do so, including having attempted to use at least two of the methods specified in sub sub-paragraph (b)(ii), (iii) or (v)iv) above, has been unable to serve a Default Notice by one of the methods specified in those sub sub-paragraphs (or such of those methods as are normally used by the non-Defaulting Party when communicating with the Defaulting Party), the non-Defaulting Party may sign a written notice (a “Special Default Notice”) which -
(A) specifies the relevant event referred to in paragraph 10(a) which has occurred in relation to the Defaulting Party;
(B) specifies the Early Termination Date designated in the Default Notice;
(C) states that the non-Defaulting Party, having made all practicable efforts to do so, including having attempted to use at least two of the methods specified in sub-paragraph (b)(ii), (iii) or (iv) above, has been unable to serve a Default Notice by one of the methods specified in those sub- paragraphs (or such of those methods as are normally used by the non- Defaulting Party when communicating with the Defaulting Party); and
(D) specifies the date on which, and the time at which, the Special Default Notice is signed by the non-Defaulting Party. On the signature of a Special Default Notice the Early Termination Date shall occur as designated in the Default Notice. A Special Default Notice shall be given to the Defaulting Party as soon as practicable after it is signed.
(d) Either party may by notice to the other change the address or facsimile number or Electronic Messaging System details at which notices or other communications are to be given to it.
Appears in 1 contract
Samples: Global Master Repurchase Agreement
