Notices; Effectiveness. Any notice or demand which by any provision of this Subordinated Indenture is required or permitted to be given or served by the Trustee or by the Holders of Subordinated Securities to or on the Company, or by the Company or by the Holders of Subordinated Securities to the Trustee or upon the Depository by the Company or the Trustee may be electronically communicated or hand delivered or sent by overnight courier, addressed to the relevant party as provided in this Section 13.02. All communications intended for the Company shall be sent to: OncoGenex Pharmaceuticals, Inc. 0000 000xx Xxxxx XX, Xxxxx 000 Xxxxxxx, Xxxxxxxxxx 00000 Attention: Chief Financial Officer All communications intended for the Trustee shall be sent to: Attention: or at any other address of which any of the foregoing shall have notified the others in any manner prescribed in this Section 13.02. For all purposes of this Subordinated Indenture, a notice or communication will be deemed effective:
(a) if delivered by hand or sent by overnight courier, on the day it is delivered unless (i) that day is not a Business Day in the city specified (a “Local Business Day”) in the address for notice provided by the recipient or (ii) if delivered after the close of business on a Local Business Day, then on the next succeeding Local Business Day or
(b) if sent by facsimile transmission, on the date transmitted, provided that oral or written confirmation of receipt is obtained by the sender unless the date of transmission and confirmation is not a Local Business Day, in which case, on the next succeeding Local Business Day. Any notice, direction, requires, demand, consent or waiver by the Company, any Subordinated Securityholder to or upon the Trustee shall be deemed to have been sufficiently given, made or filed, for all purposes, if given, made or filed in writing at the Principal Office of the Trustee in accordance with the provisions of this Section 13.02. Any notice, request, consent or waiver by the Company or the Trustee upon the Depository shall have been sufficiently given, made or filed, for all purposes, if give or made in accordance with the provisions of this Section 13.02 at the address shown for such Depository in the Register or at such other address as the Depository shall have provided for purposes of notice.
Notices; Effectiveness. (a) Subject to paragraph (c) below, all notices and other communications provided for herein shall be in writing and shall be delivered by hand or overnight courier service, mailed by certified or registered mail or sent by facsimile as follows:
(i) if to any Loan Party, to the Borrower at 0000 Xxxx Xxxxx Xxxx, Xxxxxxxxxx, XX 00000, Attention: Chief Financial Officer with a copy to: Xxxxxxxx Xxxxxx Xxxxxxxx Xxxxxxx LLP, 000 Xxxxx Xxxxxx, Xxx Xxxx, XX 00000, Attention: Xxxxxxx X. Xxxxxxxx (email: xxxxxxx.xxxxxxxx@xxxxxxxx.xxx); and
(ii) if to the Lender, to CleanSpark, Inc., 00000 X. Xxxxxxx Xxx, Xxxxx X-000, Xxxxxxxxx, NY 89052, Attention: General Counsel; with a copy to: Cozen X’Xxxxxx, One Liberty Place, 0000 Xxxxxx Xxxxxx, Xxxxx 0000, Xxxxxxxxxxxx, Xxxxxxxxxxxx 00000, Attention: Xxxxxx X. Xxxxxxx & Xxxxxxxxxxx X. Xxxxxxx (email: xxxxxxxx@xxxxx.xxx; xxxxxxxx@xxxxx.xxx).
(b) Notices and other communications sent by hand or overnight courier service, or mailed by certified or registered mail, shall be deemed to have been given when received; notices and other communications sent by facsimile shall be deemed to have been given when sent (except that, if not given during normal business hours for the recipient, shall be deemed to have been given at the opening of business on the next Business Day for the recipient); notices and other communications delivered through Electronic Systems to the extent provided in paragraph (c) below shall be effective as provided in such paragraph. Each of the Borrower and the Lender may change its address or facsimile for notices and other communications hereunder by notice to the other parties hereto.
(c) Notices and other communications to the Lender hereunder may be delivered or furnished by using Electronic Systems pursuant to procedures approved by the Lender. Each of the Lender and the Borrower (on behalf of the Loan Parties) may, in its discretion, agree to accept notices and other communications to it hereunder by using electronic communications pursuant to procedures approved by it; provided, that approval of such procedures may be limited to particular notices or communications. All such notices and other communications (i) sent to an e-mail address shall be deemed received upon the sender’s receipt of an acknowledgement from the intended recipient (such as by the “return receipt requested” function, as available, return e-mail or other written acknowledgement) and (ii) posted to an Internet or intranet website shall...
Notices; Effectiveness. Any notice or demand which by any provision of this Indenture is required or permitted to be given or served by the Trustee or by the Holders of Securities to or on the Company, or by the Company or by the Holders of Securities to the Trustee or upon the Depository by the Company or the Trustee may be electronically communicated or hand delivered or sent by overnight courier, addressed to the relevant party as provided in this Section 13.02. All communications intended for the Company shall be sent to: OncoGenex Pharmaceuticals, Inc. 0000 000xx Xxxxx XX, Xxxxx 000 Xxxxxxx, Xxxxxxxxxx 00000 Attention: Chief Financial Officer All communications intended for the Trustee shall be sent to: Attention:
Notices; Effectiveness. (a) Subject to paragraph (c) below, all notices and other communications provided for herein shall be in writing and shall be delivered by hand or overnight courier service, mailed by certified or registered mail or sent by facsimile as follows:
(i) if to any Loan Party, to the Borrower at 0000 Xxxx Xxxxx Xxxx, Xxxxxxxxxx, XX 00000, Attention: Chief Financial Officer with a copy to: Xxxxxxxx Xxxxxx Xxxxxxxx Xxxxxxx LLP, 000 Xxxxx Xxxxxx, Xxx Xxxx, XX 00000, Attention: Xxxxxxx X. Xxxxxxxx (email: xxxxxxx.xxxxxxxx@xxxxxxxx.xxx); and
Notices; Effectiveness. Any notice or demand which by any provision of this Indenture is required or permitted to be given or served by the Trustee or by the Holders of Securities to or on the Company, or by the Company or by the Holders of Securities to the Trustee or upon the Depository by the Company or the Trustee may be electronically communicated or hand delivered or sent by overnight courier, addressed to the relevant party as provided in this Section 13.02. All communications intended for the Company shall be sent to: Handspring, Inc. 189 Bernardo Avenue Mountain View, CA 00000 Xxxxxxxxx: General Counsel Fax Number: (650) 230-5139 All communications intended for the Trustee shaxx xx xxxx xx: State Street Bank and Trust Company of California, N.A. ------------------------------ 633 West 5th Street, 12th Floor ------------------------------ Los Angeles, CA 90071 ------------------------------ Attention: Corporate Trust Administration (Handspring, Inc. Senior Securities) ------------------- Fax Number: (213) 362-7357 --- --------
Notices; Effectiveness. Any notice or demand which by any provision of this Indenture is required or permitted to be given or served by the Trustee or by the Holders of Securities to or on the Company or the Guarantor, or by the Company, the Guarantor or by the Holders of Securities to the Trustee or upon the Depository by the Company or the Guarantor or the Trustee may be electronically communicated or hand delivered or sent by overnight courier, addressed to the relevant party as provided in this Section 14.02. All communications intended for the Company shall be sent to: Chevron Capital Corporation 0000 Xxxxxxxxx Xxxxxx Road Building E San Ramon, CA 94583 Attention: Treasurer Fax Number: (000) 000-0000 Copies of all communications intended for the Company shall be sent to the Guarantor. All communications intended for the Guarantor shall be sent to: Chevron Corporation 0000 Xxxxxxxxx Xxxxxx Road Building E San Ramon, CA 94583 Attention: Treasurer Fax Number: (000) 000-0000 All communications intended for the Trustee shall be sent to: The Chase Manhattan Bank 000 Xxxx 00xx Xxxxxx 00xx Xxxxx Xxx Xxxx, Xxx Xxxx 00000 Attention: Corporate Trust Department Fax Number: (000) 000-0000
Notices; Effectiveness. Unless otherwise expressly provided herein, all notices and other communications provided for hereunder shall be in writing (including by facsimile transmission and electronic mail) and delivered to such numbers or addresses set forth on the signature page hereto or as given from each party to the other in writing from time to time. All notices and other communications shall be deemed to be effective upon receipt; provided that notices delivered through electronic communications to the extent provided in clause (ii) below, shall be effective as provided in such clause (ii). The Lender and the Agent shall be entitled to rely and act upon any notices purportedly given by or on behalf of the Borrower even if (i) such notices were not made in a manner specified herein, were incomplete or were not preceded or followed by any other form of notice specified herein, or (ii) the terms thereof, as understood by the recipient, varied from any confirmation thereof.
Notices; Effectiveness. Electronic Communications 133 10.03 No Waiver; Cumulative Remedies; Enforcement 135 10.04 Expenses and Taxes 136 10.05 Indemnification by the Borrower 136 10.06 Payments Set Aside 138 10.07 Successors and Assigns 138 10.08 Confidentiality 143 10.09 Setoff 144 10.10 Interest Rate Limitation 145 10.11 Counterparts 145 10.12 Integration; Effectiveness 145 10.13 Survival of Representations and Warranties 146 10.14 Severability 146 10.15 Governing Law; Jurisdiction; Etc. 146 10.16 WAIVER OF RIGHT TO TRIAL BY JURY 147 10.17 Binding Effect 147 10.18 No Advisory or Fiduciary Responsibility 147 10.19 Affiliate Activities 148 10.20 Electronic Execution of Assignments and Certain Other Documents 148 10.21 USA PATRIOT ACT; “KNOW YOUR CUSTOMER CHECKS” 148 I Guarantors II Immaterial Subsidiaries
2.01 Term Commitments and Pro Rata Shares 5.11(d) Pension Plans 5.12 Subsidiaries and Other Equity Investments 5.16 Intellectual Property 5.18 Labor Matters 6.14(b) Mortgaged Properties 6.14(c) Post-Closing Matters
7.01 Existing Liens 7.02 Existing Investments 7.03 Existing Indebtedness 7.08 Existing Affiliate Transactions 10.02 Administrative Agent’s Office, Certain Addresses for Notices EXHIBITS A Committed Loan Notice B [Reserved] C Note D Compliance Certificate E-1 Assignment and Assumption E-2 Affiliated Lender Assignment and Assumption F-1 Holdings Guaranty F-2 Subsidiary Guaranty G Security Agreement H [Reserved] I Opinion Matters – Counsel to the Loan Parties J Solvency Certificate K Discounted Prepayment Option Notice L Lender Participation Notice M Discounted Voluntary Prepayment Notice N U.S. Tax Compliance Certificate O [Reserved] P Term Intercreditor Agreement Q ABL/Term Intercreditor Agreement This SECOND LIEN CREDIT AGREEMENT (this “Agreement”) is entered into as of June 5, 2015, among AT HOME HOLDING III INC., a Delaware corporation (the “Borrower”), AT HOME HOLDING II INC., a Delaware corporation (“Holdings”), each lender from time to time party hereto (collectively, the “Lenders” and individually, a “Lender”) and DYNASTY FINANCIAL II, LLC (“Dynasty”), as Administrative Agent and as Collateral Agent.
Notices; Effectiveness. Any notice or demand which by any provision of this Indenture is required or permitted to be given or served by the Trustee or by the Holders of Securities to or on the Company, or by the Company or by the Holders of Securities to the Trustee or upon the Depository by the Company or the Trustee may be electronically communicated or hand delivered or sent by overnight courier, addressed to the relevant party as provided in this Section 13.02. All communications intended for the Company shall be sent to: Airtouch Communications, Inc. One Xxxxxxxxxx Xxxxxx Xxx Xxxxxxxxx, XX 00000 Attention: Senior Vice President, Legal Fax Number: (415) 000-0000 -52- 62 All communications intended for the Trustee shall be sent to: Attention:
Notices; Effectiveness. Any notice or demand which by any provision of this Indenture is required or permitted to be given or served by the Trustee or by the Holders of Securities to or on the Corporation, or by the Corporation or by the Holders of Securities to the Trustee or upon the Depository by the Corporation or the Trustee may be electronically communicated or hand delivered or sent by overnight courier, addressed to the relevant party as provided in this Section 13.2. All communications intended for the Corporation shall be sent to: Providian Financial Corporation 000 Xxxxxxx Xxxxxx Xxx Xxxxxxxxx, XX 00000 Attention: Treasurer Fax Number: (415) All communications intended for the Trustee shall be sent to: ----------------------------- ----------------------------- ----------------------------- Attention: Corporate Trust Department Fax Number: ( )