Notices Effectiveness Electronic Communications. (a) Except in the case of notices and other communications expressly permitted to be given by telephone (and except as provided in subsection (b) of this Section 8.02), 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, if to Borrower, to it at its address (or facsimile number) set forth below, and if to Lender, to it at its address (or facsimile number) set forth below. Notices sent by hand or overnight courier service shall be deemed to have been given when received; notices sent by certified or registered mail shall be deemed to have been given three Business Days after mailing; and notices 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 delivered through electronic communications to the extent provided in subsection (b) of this Section 8.02, shall be effective as provided in such subsection (b). Bxxxxxxx’s Address for Notices: Guggenheim Funds Investment Advisors, LLC 200 Xxxx Xxxxxx Xxxxxx Chicago, Illinois 60606 Lender’s Lending Office/Address for Notices: Bank of America, N.A. One Bryant Park New York, NY 10036 Attention: Mxxxxxx Xxxxxxx Email: Mxxxxxx.xxxxxxx@xxxx.xxx Facsimile No. 600-000-0000 with a copy to: Txxxxxxx Pepper 300 Xxxxx Xxxxxxx Xxxxxx, Xxxxx 0000 Charlotte, NC 28202 Attention: Txxx Xxxxxx Email: txxx.xxxxxx@xxxxxxxx.xxx (b) Notices and other communications to Lender hereunder may be delivered or furnished by electronic communication (including e-mail and Internet or intranet websites) pursuant to procedures approved by Lender. Lender or Borrower may, in its discretion, agree to accept notices and other communications to it hereunder by electronic communications pursuant to procedures approved by it, provided that approval of such procedures may be limited to particular notices or communications. Unless Lender otherwise prescribes, (i) notices and other communications sent to an e-mail address shall be deemed received upon the sender’s receipt of an acknowledgement from the intended recipient (such as by the “return receipt requested” function, as available, return e-mail or other written acknowledgement), provided that if such notice or other communication is not sent during the normal business hours of the recipient, such notice or communication shall be deemed to have been sent at the opening of business on the next Business Day for the recipient, and (ii) notices or communications posted to an Internet or intranet website shall be deemed received upon the receipt by the intended recipient at its e-mail address as described in the foregoing clause (i) of notification that such notice or communication is available and identifying the website address therefor. (c) Any party hereto may change its address or facsimile number for notices and other communications hereunder by written notice to the other party hereto.
Appears in 1 contract
Samples: Margin Loan and Security Agreement (Guggenheim Taxable Municipal Bond & Investment Grade Debt Trust)
Notices Effectiveness Electronic Communications. (a) Except in the case of notices and other communications expressly permitted to be given by telephone (and except as provided in subsection Subsection (b) of this Section 8.02below), 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, if to Borrower, to it at its address (or facsimile number) set forth below, and if to Lender, to it at its address (or facsimile number) set forth below. Notices sent by hand or overnight courier service shall be deemed to have been given when received; notices sent by certified or registered mail shall be deemed to have been given three Business Days after mailingwhen received; and notices 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 delivered through electronic communications to the extent provided in subsection Subsection (b) of this Section 8.02below, shall be effective as provided in such subsection Subsection (b). BxxxxxxxBorrower’s Address for Notices: Guggenheim Funds Investment Advisorsc/o Advent Capital Management LLC 1200 Xxxxxx xx xxx Xxxxxxxx Xxx Xxxx, XX 00000 Attention: Xxx White, CFO Facsimile No.: 000-000-0000 Telephone No.: 000-000-0000 With copies to: c/o Advent Capital Management LLC 200 1200 Xxxxxx xx xxx Xxxxxxxx Xxx Xxxx, XX 00000 Attention: General Counsel Facsimile No.: 000-000-0000 Telephone No.: 000-000-0000 Skadden, Arps, Slate, Xxxxxxx & Xxxx LLP Foxx Xxxxx Xxxxxx Xxx Xxxx, XX 00000 Attention: Xxxx Xxxxxxx Facsimile No.: 000-000-0000 Telephone No.: 000-000-0000 Email Address: Xxxxxxx.Xxxxxxx@xxxxxxx.xxx and Skadden, Arps, Slate, Xxxxxxx & Xxxx LLP Foxx Xxxxx Xxxxxx Xxx Xxxx, XX 00000 Attention: Xxxxxx Xxxxxx Chicago, Illinois 60606 Facsimile No.: 000-000-0000 Telephone No.: 000-000-0000 Email Address: Xxxxxx.Xxxxxx@xxxxxxx.xxx Lender’s Lending Office/Address for Notices: Bank of AmericaAmerica Xxxxxxx Xxxxx Onx Xxxxxx Xxxx, N.A. One Bryant Park 6th Floor New York, NY 10036 AttentionAttn: Mxxxxxx Xxxxxxx EmailXxxxx Xxxxxx Telephone No.: Mxxxxxx.xxxxxxx@xxxx.xxx Facsimile No. 600000-000-0000 Email Address: xxxxx.xxxxxx@xxxx.xxx with a copy to: Txxxxxxx Pepper 300 Office of General Counsel Bank of America Xxxxxxx Xxxxx Xxxxxxx Xxxxxx50 Xxxxxxxxxxx Xxxxx, Xxxxx 0000 Charlotte12th Floor New York, NC 28202 NY 10020 Attention: Txxx Xxxx Xxxxxx EmailPhone No.: txxx.xxxxxx@xxxxxxxx.xxx(000) 000-0000 Email Address: xxxxxx.xxxxxx@xxxxxxxxxxxxx.xxx
(b) Notices and other communications to Lender or Borrower hereunder may be delivered or furnished by electronic communication (including e-mail and Internet or intranet websites) pursuant to procedures approved by LenderLender and Borrower. Lender or Borrower may, in its discretion, agree to accept notices and other communications to it hereunder by electronic communications pursuant to procedures approved by it, provided that approval of such procedures may be limited to particular notices or communications. Unless Lender otherwise prescribes, (i) notices and other communications sent to an e-mail address shall be deemed received upon the sender’s receipt of an acknowledgement from the intended recipient (such as by the “return receipt requested” function, as available, return e-mail or other written acknowledgement), provided that if such notice or other communication is not sent during the normal business hours of the recipient, such notice or communication shall be deemed to have been sent at the opening of business on the next Business Day for the recipient, and (ii) notices or communications posted to an Internet or intranet website shall be deemed received upon the deemed receipt by the intended recipient at its e-mail address as described in the foregoing clause (i) of notification that such notice or communication is available and identifying the website address therefor.
(c) Any oral notices, if any, shall be given in accordance with Section 12 of the Customer Account Agreement.
(d) Any party hereto may change its address or facsimile number for notices and other communications hereunder by written notice to the other party hereto.
Appears in 1 contract
Samples: Margin Loan Agreement (Advent Claymore Convertible Securities & Income Fund)
Notices Effectiveness Electronic Communications. (a) Except in the case of notices and other communications expressly permitted to be given by telephone (and except as provided in subsection (b) of this Section 8.02below), 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 facsimiletelecopier as follows, and all notices and other communications expressly permitted hereunder to be given by telephone shall be made to the applicable telephone number, as follows:
(i) if to the Borrower, at 000 Xxxxx Xxxxxx, #2600, Chicago, Illinois 60606-1719, Attention: Chief Financial Officer, or at such other address for notice as the Borrower shall last have furnished in writing to the Person giving the notice;
(ii) if to the Administrative Agent, the Collateral Agent, or LaSalle, 00 Xxxxxxxxx Xxxx Xxxxxx Xxxx, Xxxxxxxxx, Xxxxxxxxxxxxx 00000 Attention: Xxxxxx Xxxxxxxx, or such other address for notice as the Administrative Agent, the Collateral Agent, or, as the case may be, LaSalle shall last have furnished in writing to the Person giving the notice;
(iii) if to ABN AMRO Bank N.V., individually or in its capacity as Syndication Agent, at 000 Xxxxx Xxxxxx, 00xx Xxxxx, Xxx Xxxx, Xxx Xxxx, 00000, Attention: Xxxxxxx Xxxxxxx, or such other address for notice as it shall last have furnished in writing to the Person giving the notice; and
(iv) if to any Lender, at its such Lender’s address (or facsimile number) set forth belowon Schedule 2.01, and if or such other address for notice as such Bank shall have last furnished in writing to Lender, to it at its address (or facsimile number) set forth belowthe Person giving the notice. Notices sent by hand or overnight courier service service, or mailed by certified or registered mail, shall be deemed to have been given when received; notices sent by certified or registered mail shall be deemed to have been given three Business Days after mailing; and notices sent by facsimile telecopier 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 delivered through electronic communications to the extent provided in subsection (b) of this Section 8.02below, shall be effective as provided in such subsection (b). Bxxxxxxx’s Address for Notices: Guggenheim Funds Investment Advisors, LLC 200 Xxxx Xxxxxx Xxxxxx Chicago, Illinois 60606 Lender’s Lending Office/Address for Notices: Bank of America, N.A. One Bryant Park New York, NY 10036 Attention: Mxxxxxx Xxxxxxx Email: Mxxxxxx.xxxxxxx@xxxx.xxx Facsimile No. 600-000-0000 with a copy to: Txxxxxxx Pepper 300 Xxxxx Xxxxxxx Xxxxxx, Xxxxx 0000 Charlotte, NC 28202 Attention: Txxx Xxxxxx Email: txxx.xxxxxx@xxxxxxxx.xxx.
(b) Notices and other communications to Lender the Lenders and the L/C Issuer hereunder may be delivered or furnished by electronic communication (including e-mail and Internet or intranet websites) pursuant to procedures approved by Lender. the Administrative Agent, provided that the foregoing shall not apply to notices to any Lender or the L/C Issuer pursuant to Article II if such Lender or the L/C Issuer, as applicable, has notified the Administrative Agent that it is incapable of receiving notices under such Article by electronic communication. The Administrative Agent or the Borrower may, in its discretion, agree to accept notices and other communications to it hereunder by electronic communications pursuant to procedures approved by it, provided that approval of such procedures may be limited to particular notices or communications. Unless Lender the Administrative Agent otherwise prescribes, (i) notices and other communications sent to an e-mail address shall be deemed received upon the sender’s receipt of an acknowledgement from the intended recipient (such as by the “return receipt requested” function, as available, return e-mail or other written acknowledgement), provided that if such notice or other communication is not sent during the normal business hours of the recipient, such notice or communication shall be deemed to have been sent at the opening of business on the next Business Day for the recipient, and (ii) notices or communications posted to an Internet or intranet website shall be deemed received upon the deemed receipt by the intended recipient at its e-mail address as described in the foregoing clause (i) of notification that such notice or communication is available and identifying the website address therefor.
(c) Any party hereto Each of the Loan Parties, the Agents and the L/C Issuer may change its address address, telecopier or facsimile telephone number for notices and other communications hereunder by written notice to the other party parties hereto. Each other Lender may change its address, telecopier or telephone number for notices and other communications hereunder by notice to the Borrower, the Agents and the L/C Issuer. In addition, each Lender agrees to notify the Administrative Agent from time to time to ensure that the Administrative Agent has on record (i) an effective address, contact name, telephone number, telecopier number and electronic mail address to which notices and other communications may be sent and (ii) accurate wire instructions for such Lender.
(d) The Agents, the L/C Issuer and the Lenders shall be entitled to rely and act upon any notices (including telephonic Loan Notices) purportedly given by or on behalf of the Loan Parties 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. The Loan Parties shall indemnify the Agents, the L/C Issuer, each Lender and the Related Parties of each of them from all losses, costs, expenses and liabilities resulting from the reliance by such Person on each notice purportedly given by or on behalf of the Loan Parties. All telephonic notices to and other telephonic communications with the Agents may be recorded by the Agents, and each of the parties hereto hereby consents to such recording.
Appears in 1 contract
Samples: Credit Agreement (BTHC VII Inc)
Notices Effectiveness Electronic Communications. (a) Except in the case of notices and other communications expressly permitted to be given by telephone (and except as provided in subsection Subsection (b) of this Section 8.02Section), 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, if to Borrower, to it at its address (or facsimile number) set forth below, and if to Lender, to it at its address (or facsimile number) set forth below. Notices sent by hand or overnight courier service shall be deemed to have been given when received; notices sent by certified or registered mail shall be deemed to have been given three Business Days after mailing; and notices 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 delivered through electronic communications to the extent provided in subsection Subsection (b) of this Section 8.02Section, shall be effective as provided in such subsection Subsection (b). BxxxxxxxXxxxxxxx’s Address for Notices: Guggenheim Funds Investment AdvisorsXxxxxxxxx Xxxxxx High Yield Strategies Fund Inc. 0000 Xxxxxx xx xxx Xxxxxxxx New York, LLC 200 Xxxx Xxxxxx Xxxxxx Chicago, Illinois 60606 NY 10104 [ ] [ ] [ ] with a copy to: [ ] [ ] [ ] with a copy to: [ ] [ ] [ ] [ ] [ ] [ ] Lender’s Lending Office/Address for Notices: Bank of America, N.A. One Bryant Park New York, NY 10036 Attention: Mxxxxxx Xxxxxxx Email: Mxxxxxx.xxxxxxx@xxxx.xxx Facsimile No. 600-000-0000 [ ] [ ] [ ] [ ] [ ] [ ] with a copy to: Txxxxxxx Pepper 300 Xxxxx Xxxxxxx Xxxxxx, Xxxxx 0000 Charlotte, NC 28202 Attention: Txxx Xxxxxx Email: txxx.xxxxxx@xxxxxxxx.xxx[ ] [ ] [ ] [ ] [ ]
(b) Notices and other communications to Lender hereunder may be delivered or furnished by electronic communication (including e-mail and Internet or intranet websites) pursuant to procedures approved by Lender. Lender or Borrower may, in its discretion, agree to accept notices and other communications to it hereunder by electronic communications pursuant to procedures approved by it, provided that approval of such procedures may be limited to particular notices or communications. Unless Lender otherwise prescribes, (i) notices and other communications sent to an e-mail address shall be deemed received upon the sender’s receipt of an acknowledgement from the intended recipient (such as by the “return receipt requested” function, as available, return e-mail or other written acknowledgement), provided that if such notice or other communication is not sent during the normal business hours of the recipient, such notice or communication shall be deemed to have been sent at the opening of business on the next Business Day for the recipient, and (ii) notices or communications posted to an Internet or intranet website shall be deemed received upon the receipt by the intended recipient at its e-mail address as described in the foregoing clause (i) of notification that such notice or communication is available and identifying the website address therefor.
(c) Any party hereto may change its address or facsimile number for notices and other communications hereunder by written notice to the other party hereto.
Appears in 1 contract
Samples: Margin Loan and Security Agreement (Neuberger Berman High Yield Strategies Fund Inc.)
Notices Effectiveness Electronic Communications. (a) Except in the case of notices and other communications expressly permitted to be given by telephone (and except as provided in subsection (b) of this Section 8.02), 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, if to Borrower, to it at its address (or facsimile number) set forth below, and if to Lender, to it at its address (or facsimile number) set forth below. Notices sent by hand or overnight courier service shall be deemed to have been given when received; notices sent by certified or registered mail shall be deemed to have been given three Business Days after mailing; and notices 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 delivered through electronic communications to the extent provided in subsection (b) of this Section 8.02, shall be effective as provided in such subsection (b). BxxxxxxxXxxxxxxx’s Address for Notices: Guggenheim Funds Investment AdvisorsWestern Asset Global High Income Fund Inc. c/o Franklin Xxxxxxxxx 000 Xxxxxx Xxxxxx, LLC 200 Xxxx 00x Floor New York, New York 10018 Telephone: 000-000-0000/000-000-0000 Facsimile: N/A / 000-000-0000 Attention: Xxxxxx Xxxxxx Chicago, Illinois 60606 Xxxx/Xxxxxxx Xxx Email: Xxxxxx.Xxxx@xxxxxxxxxxxxxxxxx.xxx Lender’s Lending Office/Address for Notices: Bank of America, N.A. One Bryant Park New York, NY 10036 Attention: Mxxxxxx Xxxxxxx Xxxxxxx Email: Mxxxxxx.xxxxxxx@xxxx.xxx Xxxxxxx.xxxxxxx@xxxx.xxx Facsimile No. 600000-000-0000 with a copy to: Txxxxxxx Xxxxxxxx Pepper 300 000 Xxxxx Xxxxxxx Xxxxxx, Xxxxx 0000 Charlotte, NC 28202 Attention: Txxx Xxxx Xxxxxx Email: txxx.xxxxxx@xxxxxxxx.xxxxxxx.xxxxxx@xxxxxxxx.xxx
(b) Notices and other communications to Lender hereunder may be delivered or furnished by electronic communication (including e-mail and Internet or intranet websites) pursuant to procedures approved by Lender. Lender or Borrower may, in its discretion, agree to accept notices and other communications to it hereunder by electronic communications pursuant to procedures approved by it, provided that approval of such procedures may be limited to particular notices or communications. Unless Lender otherwise prescribes, (i) notices and other communications sent to an e-mail address shall be deemed received upon the sender’s receipt of an acknowledgement from the intended recipient (such as by the “return receipt requested” function, as available, return e-mail or other written acknowledgement), provided that if such notice or other communication is not sent during the normal business hours of the recipient, such notice or communication shall be deemed to have been sent at the opening of business on the next Business Day for the recipient, and (ii) notices or communications posted to an Internet or intranet website shall be deemed received upon the receipt by the intended recipient at its e-mail address as described in the foregoing clause (i) of notification that such notice or communication is available and identifying the website address therefor.
(c) Any party hereto may change its address or facsimile number for notices and other communications hereunder by written notice to the other party hereto.
Appears in 1 contract
Samples: Margin Loan and Security Agreement (Western Asset Global High Income Fund Inc.)
Notices Effectiveness Electronic Communications. (a) Except in the case of notices and other communications expressly permitted to be given by telephone (and except as provided in subsection Subsection (b) of this Section 8.02below), 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, if to Borrower, to it at its address (or facsimile number) set forth below, and if to Lender, to it at its address (or facsimile number) set forth below. Notices sent by hand or overnight courier service shall be deemed to have been given when received; notices sent by certified or registered mail shall be deemed to have been given three Business Days after mailingwhen received; and notices 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 delivered through electronic communications to the extent provided in subsection Subsection (b) of this Section 8.02below, shall be effective as provided in such subsection Subsection (b). BxxxxxxxBorrower’s Address for Notices: Guggenheim Funds Investment Advisorsc/o Advent Capital Management LLC 0000 Xxxxxx xx xxx Xxxxxxxx Xxx Xxxx, XX 00000 Attention: Xxx White, CFO Facsimile No.: 000-000-0000 Telephone No.: 000-000-0000 With copies to: c/o Advent Capital Management LLC 200 0000 Xxxxxx xx xxx Xxxxxxxx Xxx Xxxx, XX 00000 Attention: General Counsel Facsimile No.: 000-000-0000 Telephone No.: 000-000-0000 Skadden, Arps, Slate, Xxxxxxx & Xxxx LLP Xxxx Xxxxx Xxxxxx Xxx Xxxx, XX 00000 Attention: Xxxx Xxxxxxx Facsimile No.: 000-000-0000 Telephone No.: 000-000-0000 Email Address: Xxxxxxx.Xxxxxxx@xxxxxxx.xxx and Skadden, Arps, Slate, Xxxxxxx & Xxxx LLP Xxxx Xxxxx Xxxxxx Xxx Xxxx, XX 00000 Attention: Xxxxxx Xxxxxx Chicago, Illinois 60606 Facsimile No.: 000-000-0000 Telephone No.: 000-000-0000 Email Address: Xxxxxx.Xxxxxx@xxxxxxx.xxx Lender’s Lending Office/Address for Notices: Bank of AmericaAmerica Xxxxxxx Xxxxx Xxx Xxxxxx Xxxx, N.A. One Bryant Park 6th Floor New York, NY 10036 AttentionAttn: Mxxxxxx Xxxxxxx EmailXxxxx Xxxxxx Telephone No.: Mxxxxxx.xxxxxxx@xxxx.xxx Facsimile No. 600000-000-0000 Email Address: xxxxx.xxxxxx@xxxx.xxx with a copy to: Txxxxxxx Pepper 300 Office of General Counsel Bank of America Xxxxxxx Xxxxx Xxxxxxx Xxxxxx00 Xxxxxxxxxxx Xxxxx, Xxxxx 0000 Charlotte12th Floor New York, NC 28202 NY 10020 Attention: Txxx Xxxx Xxxxxx EmailPhone No.: txxx.xxxxxx@xxxxxxxx.xxx(000) 000-0000 Email Address: xxxxxx.xxxxxx@xxxxxxxxxxxxx.xxx
(b) Notices and other communications to Lender or Borrower hereunder may be delivered or furnished by electronic communication (including e-mail and Internet or intranet websites) pursuant to procedures approved by LenderLender and Borrower. Lender or Borrower may, in its discretion, agree to accept notices and other communications to it hereunder by electronic communications pursuant to procedures approved by it, provided that approval of such procedures may be limited to particular notices or communications. Unless Lender otherwise prescribes, (i) notices and other communications sent to an e-mail address shall be deemed received upon the sender’s receipt of an acknowledgement from the intended recipient (such as by the “return receipt requested” function, as available, return e-mail or other written acknowledgement), provided that if such notice or other communication is not sent during the normal business hours of the recipient, such notice or communication shall be deemed to have been sent at the opening of business on the next Business Day for the recipient, and (ii) notices or communications posted to an Internet or intranet website shall be deemed received upon the deemed receipt by the intended recipient at its e-mail address as described in the foregoing clause (i) of notification that such notice or communication is available and identifying the website address therefor.
(c) Any oral notices, if any, shall be given in accordance with Section 12 of the Customer Account Agreement.
(d) Any party hereto may change its address or facsimile number for notices and other communications hereunder by written notice to the other party hereto.
Appears in 1 contract
Samples: Margin Loan Agreement (Advent Claymore Convertible Securities & Income Fund II)
Notices Effectiveness Electronic Communications. (a) Except in the case of notices and other communications expressly permitted to be given by telephone (and except as provided in subsection Subsection (b) of this Section 8.02Section), 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, if to Borrower, to it at its address (or facsimile number) set forth below, and if to Lender, to it at its address (or facsimile number) set forth below. Notices sent by hand or overnight courier service shall be deemed to have been given when received; notices sent by certified or registered mail shall be deemed to have been given three Business Days after mailing; and notices 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 delivered through electronic communications to the extent provided in subsection Subsection (b) of this Section 8.02Section, shall be effective as provided in such subsection Subsection (b). BxxxxxxxXxxxxxxx’s Address for Notices: Guggenheim Funds Investment AdvisorsWestern Asset High Income Fund II Inc. c/x Xxxx Xxxxx Partners Fund Advisor, LLC 200 000 Xxxxxx Xxxxxx, 00x Xxxxx Xxx Xxxx, Xxx Xxxx 00000 Telephone: 000-000-0000/000-000-0000 Facsimile: N/A / 000-000-0000 Attention: Xxxxxx Xxxxxx Chicago, Illinois 60606 Xxxx/Xxxxxxx Xxx Lender’s Lending Office/Address for Notices: Bank of America, N.A. One Bryant Park New YorkXxx Xxxxxx Xxxx Xxx Xxxx, NY 10036 XX 00000 Attention: Mxxxxxx Xxxxxxx Xxxxxxx Email: Mxxxxxx.xxxxxxx@xxxx.xxx Xxxxxxx.xxxxxxx@xxxx.xxx Facsimile No. 600000-000-0000 with a copy to: Txxxxxxx Pepper 300 Xxxxx Xxxxxxx & Xxx Xxxxx PLLC 000 Xxxxx Xxxxx Xxxxxx, Xxxxx 0000 Suite 4700 Charlotte, NC 28202 Attention: Txxx Xxxx Xxxxxx Email: txxx.xxxxxx@xxxxxxxx.xxxxxxxxxxxxx@xxxxxx.xxx Facsimile No: 000-000-0000
(b) Notices and other communications to Lender hereunder may be delivered or furnished by electronic communication (including e-mail and Internet or intranet websites) pursuant to procedures approved by Lender. Lender or Borrower may, in its discretion, agree to accept notices and other communications to it hereunder by electronic communications pursuant to procedures approved by it, provided that approval of such procedures may be limited to particular notices or communications. Unless Lender otherwise prescribes, (i) notices and other communications sent to an e-mail address shall be deemed received upon the sender’s receipt of an acknowledgement from the intended recipient (such as by the “return receipt requested” function, as available, return e-mail or other written acknowledgement), provided that if such notice or other communication is not sent during the normal business hours of the recipient, such notice or communication shall be deemed to have been sent at the opening of business on the next Business Day for the recipient, and (ii) notices or communications posted to an Internet or intranet website shall be deemed received upon the receipt by the intended recipient at its e-mail address as described in the foregoing clause (i) of notification that such notice or communication is available and identifying the website address therefor.
(c) Any party hereto may change its address or facsimile number for notices and other communications hereunder by written notice to the other party hereto.
Appears in 1 contract
Samples: Margin Loan and Security Agreement (Western Asset High Income Fund Ii Inc.)
Notices Effectiveness Electronic Communications. (a) Except in the case of notices and other communications expressly permitted to be given by telephone (and except as provided in subsection (b) of this Section 8.02below), 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 facsimilefacsimile or email as follows, and all notices and other communications expressly permitted hereunder to be given by telephone shall be made to the applicable telephone number, as follows:
(i) if to Borrower, to it at its address to: Deliver by courier to: Teekay Finance Limited 0xx Xxxxx, Xxxxxxxxx Xxxxxxxx 00 Xxxxx Xxx Road Xxxxxxxx, XX 08 Bermuda Attn: Secretary Telephone No.: (or facsimile number000) set forth below, and if to Lender, to it at its address (or facsimile number) set forth below. Notices sent by hand or overnight courier service shall be deemed to have been given when received; notices sent by certified or registered mail shall be deemed to have been given three Business Days after mailing; and notices 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 delivered through electronic communications to the extent provided in subsection (b) of this Section 8.02, shall be effective as provided in such subsection (b). Bxxxxxxx’s Address for Notices: Guggenheim Funds Investment Advisors, LLC 200 Xxxx Xxxxxx Xxxxxx Chicago, Illinois 60606 Lender’s Lending Office/Address for Notices: Bank of America, N.A. One Bryant Park New York, NY 10036 Attention: Mxxxxxx Xxxxxxx Email: Mxxxxxx.xxxxxxx@xxxx.xxx Facsimile No. 600-000-0000 Facsimile No.: (000) 000-0000 Email: XxxxxxxXxxxXxx@xxxxxx.xxx with a copy to: Txxxxxxx Pepper 300 Xxxxx Teekay Finance Limited Suite No. 1778 48 Par-la-Ville Road Xxxxxxxx, XX 11 Bermuda Attn: Secretary with a copy to: Teekay Corporation c/o Teekay Shipping (Canada) Ltd. Suite 2000 Bentall 5 000 Xxxxxxx XxxxxxXxxxxx Xxxxxxxxx, Xxxxx 0000 Charlotte, NC 28202 Attention: Txxx Xxxxxx Email: txxx.xxxxxx@xxxxxxxx.xxxXX X0X 0X0
(b) Notices and other communications to Lender hereunder may be delivered or furnished by electronic communication (including e-mail and Internet or intranet websites) pursuant to procedures approved by Lender. Lender or Borrower may, in its discretion, agree to accept notices and other communications to it hereunder by electronic communications pursuant to procedures approved by it, provided that approval of such procedures may be limited to particular notices or communications. Unless Lender otherwise prescribes, (i) notices Notices and other communications sent to an e-mail email address shall be deemed received upon the sender’s when sent absent receipt of an acknowledgement from the intended recipient (such as by the “return receipt requested” function, as available, return e-mail or other written acknowledgement), provided that if such notice or other communication is not sent during the normal business hours of the recipient, such notice or communication shall be deemed a failure to have been sent at the opening of business on the next Business Day for the recipientdeliver notice, and (ii) notices or communications posted to an Internet or intranet website shall be deemed received upon the deemed receipt by the intended recipient at its e-mail email address as described in the foregoing clause (i) of notification that such notice or communication is available and identifying the website address therefor.
(c) Any party hereto may change its address or facsimile number for notices and other communications hereunder by written notice to the other party hereto.
Appears in 1 contract
Samples: Margin Loan Agreement (Teekay Corp)
Notices Effectiveness Electronic Communications. (a) Except in the case of notices and other communications expressly permitted to be given by telephone (and except as provided in subsection (b) of this Section 8.02below), 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 facsimiletelecopier as follows, and all notices and other communications expressly permitted hereunder to be given by telephone shall be made to the applicable telephone number, as follows:
(i) if to the Borrower, at 000 Xxxxx Xxxxxx, #2600, Chicago, Illinois 60606-1719, Attention: Chief Financial Officer, or at such other address for notice as the Borrower shall last have furnished in writing to it the Person giving the notice;
(ii) if to the Administrative Agent, the Collateral Agent, or LaSalle, 00 Xxxxxxxxx Xxxx Xxxxxx Xxxx, Xxxxxxxxx, Xxxxxxxxxxxxx 00000 Attention: Xxxxxx Xxxxxxxx, or such other address for notice as the Administrative Agent, the Collateral Agent, or, as the case may be, LaSalle shall last have furnished in writing to the Person giving the notice;
(iii) if to any Lender, at its such Lender’s address (or facsimile number) set forth belowon Schedule 2.01, and if or such other address for notice as such Bank shall have last furnished in writing to Lender, to it at its address (or facsimile number) set forth belowthe Person giving the notice. Notices sent by hand or overnight courier service service, or mailed by certified or registered mail, shall be deemed to have been given when received; notices sent by certified or registered mail shall be deemed to have been given three Business Days after mailing; and notices sent by facsimile telecopier 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 delivered through electronic communications to the extent provided in subsection (b) of this Section 8.02below, shall be effective as provided in such subsection (b). Bxxxxxxx’s Address for Notices: Guggenheim Funds Investment Advisors, LLC 200 Xxxx Xxxxxx Xxxxxx Chicago, Illinois 60606 Lender’s Lending Office/Address for Notices: Bank of America, N.A. One Bryant Park New York, NY 10036 Attention: Mxxxxxx Xxxxxxx Email: Mxxxxxx.xxxxxxx@xxxx.xxx Facsimile No. 600-000-0000 with a copy to: Txxxxxxx Pepper 300 Xxxxx Xxxxxxx Xxxxxx, Xxxxx 0000 Charlotte, NC 28202 Attention: Txxx Xxxxxx Email: txxx.xxxxxx@xxxxxxxx.xxx.
(b) Notices and other communications to Lender the Lenders hereunder may be delivered or furnished by electronic communication (including e-mail and Internet or intranet websites) pursuant to procedures approved by the Administrative Agent, provided that the foregoing shall not apply to notices to any Lender pursuant to Article XI if such Lender, as applicable, has notified the Administrative Agent that it is incapable of receiving notices under such Article by electronic communication. Lender The Administrative Agent or the Borrower may, in its discretion, agree to accept notices and other communications to it hereunder by electronic communications pursuant to procedures approved by it, provided that approval of such procedures may be limited to particular notices or communications. Unless Lender the Administrative Agent otherwise prescribes, (i) notices and other communications sent to an e-mail address shall be deemed received upon the sender’s receipt of an acknowledgement from the intended recipient (such as by the “return receipt requested” function, as available, return e-mail or other written acknowledgement), provided that if such notice or other communication is not sent during the normal business hours of the recipient, such notice or communication shall be deemed to have been sent at the opening of business on the next Business Day for the recipient, and (ii) notices or communications posted to an Internet or intranet website shall be deemed received upon the deemed receipt by the intended recipient at its e-mail address as described in the foregoing clause (i) of notification that such notice or communication is available and identifying the website address therefor.
(c) Any party hereto Each of the Loan Parties and Agents may change its address address, telecopier or facsimile telephone number for notices and other communications hereunder by written notice to the other party parties hereto. Each other Lender may change its address, telecopier or telephone number for notices and other communications hereunder by notice to the Borrower and the Agents. In addition, each Lender agrees to notify the Administrative Agent from time to time to ensure that the Administrative Agent has on record (i) an effective address, contact name, telephone number, telecopier number and electronic mail address to which notices and other communications may be sent and (ii) accurate wire instructions for such Lender.
(d) The Agents and the Lenders shall be entitled to rely and act upon any notices (including telephonic Loan Notices) purportedly given by or on behalf of the Loan Parties 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. The Loan Parties shall indemnify the Agents, each Lender and the Related Parties of each of them from all losses, costs, expenses and liabilities resulting from the reliance by such Person on each notice purportedly given by or on behalf of the Loan Parties. All telephonic notices to and other telephonic communications with the Agents may be recorded by the Agents, and each of the parties hereto hereby consents to such recording.
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