Common use of Notices Effectiveness Electronic Communications Clause in Contracts

Notices Effectiveness Electronic Communications. (a) All notices and other communications provided for herein shall be in writing and shall be delivered (i) by hand or overnight courier service, mailed by certified or registered mail or sent by facsimile as follows, or (ii) by electronic mail to the applicable e-mail address, as follows: (i) if to Borrower, to: Marfrig Global Foods S.A. Av Nações Unidas, 14.401 - torre Jequitiba - 27o andar CEP 04730-090 São Paulo SP Brazil Attention: Mr. Txxx Xxxxx (CFO) and Mx. Xxxxxxx Xxxxx (Legal Department) Facsimile: +(00) 00 0000-0000 e-mail: txxx.xxxxx@xxxxxxx.xxx.xx and hxxxxxx.xxxxx@xxxxxxx.xxx.xx (ii) if to Lender, to: JXXxxxxx Xxxxx Xxxx, X.X., Xxxxxx Xxxxxx XXX XX Corp Trading 300 Xxxxxxx Xxxxxx, 0xx xxxxx Xxx Xxxx, XX 00000 Attn: Sxxxxx Xxxxxxxxxxxx / Mxxxxxx Xxxxx Telephone No.: (000) 000-0000 Facsimile No.: (000) 000-0000 E-mail: sxxxxx.xxxxxxxxxxxx@xxxxxxxx.xxx; mxxxxxx.x.xxxxx@jxxxxxxx.xxx; pxxxx.x.xxxxxxx@xxxxxxxx.xxx; EXX.XX.Xxxxxxxxx.Xxxxxxx@xxxxxxxx.xxx 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 given through electronic communications to the extent provided in subsection (b) below, shall be effective as provided in such subsection (b). (b) Notices and other communications sent to an e-mail address shall be deemed given and received when sent absent receipt of a failure to deliver notice within 30 minutes of such notice or communication being sent (it being understood that an “out of office” reply does not constitute a failure to deliver notice for this purpose). (c) Each of the parties hereto may change its address, facsimile, telephone number or e-mail address for notices and other communications hereunder by notice to the other parties hereto. (d) Lender shall be entitled to rely and act upon any notices purportedly given by or on behalf of Borrower. Borrower shall indemnify Lender and the Related Parties of Lender from all losses, costs, expenses and liabilities resulting from the reliance by such Person on each notice purportedly given by or on behalf of Borrower. All telephonic notices to and other telephonic communications with Lender may be recorded by Lender, and each of the parties hereto hereby consents to such recording.

Notices Effectiveness Electronic Communications. (a) All Except in the case of notices and other communications expressly permitted to be given by telephone (and except as provided in Subsection (b) below), all notices and other communications provided for herein shall be in writing and shall be delivered (i) by hand or overnight courier service, mailed by certified or registered mail or sent by facsimile as followsfacsimile, or (ii) by electronic mail to the applicable e-mail address, as follows: (i) if to Borrower, to: Marfrig Global Foods S.A. Av Nações Unidasto it at its address (or facsimile number) set forth below, 14.401 - torre Jequitiba - 27o andar CEP 04730-090 São Paulo SP Brazil Attention: Mr. Txxx Xxxxx (CFO) and Mx. Xxxxxxx Xxxxx (Legal Department) Facsimile: +(00) 00 0000-0000 e-mail: txxx.xxxxx@xxxxxxx.xxx.xx and hxxxxxx.xxxxx@xxxxxxx.xxx.xx (ii) if to Lender, to: JXXxxxxx Xxxxx Xxxx, X.X., Xxxxxx Xxxxxx XXX XX Corp Trading 300 Xxxxxxx Xxxxxx, 0xx xxxxx Xxx Xxxx, XX 00000 Attn: Sxxxxx Xxxxxxxxxxxx / Mxxxxxx Xxxxx Telephone No.: to it at its address (000or facsimile number) 000-0000 Facsimile No.: (000) 000-0000 E-mail: sxxxxx.xxxxxxxxxxxx@xxxxxxxx.xxx; mxxxxxx.x.xxxxx@jxxxxxxx.xxx; pxxxx.x.xxxxxxx@xxxxxxxx.xxx; EXX.XX.Xxxxxxxxx.Xxxxxxx@xxxxxxxx.xxx set forth below. Notices and other communications sent by hand or overnight courier service, or mailed by certified or registered mail, service shall be deemed to have been given when received; notices sent by certified or registered mail shall be deemed to have been given when received; and other communications 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 and other communications given delivered through electronic communications to the extent provided in subsection Subsection (b) below, shall be effective as provided in such subsection Subsection (b). Borrower’s Address for Notices: c/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 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 Facsimile No.: 000-000-0000 Telephone No.: 000-000-0000 Email Address: Xxxxxx.Xxxxxx@xxxxxxx.xxx Lender’s Address for Notices: Bank of America Xxxxxxx Xxxxx Xxx Xxxxxx Xxxx, 6th Floor New York, NY 10036 Attn: Xxxxx Xxxxxx Telephone No.: 000-000-0000 Email Address: xxxxx.xxxxxx@xxxx.xxx with a copy to: Office of General Counsel Bank of America Xxxxxxx Xxxxx 00 Xxxxxxxxxxx Xxxxx, 12th Floor New York, NY 10020 Attention: Xxxx Xxxxxx Phone No.: (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 Lender 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 given and received when sent absent upon the sender’s receipt of a failure to deliver 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 within 30 minutes or other communication is not sent during the normal business hours of the recipient, such notice or communication being shall be deemed to have been sent at the opening of business on the next Business Day for the recipient, and (it being understood 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 an “out of office” reply does not constitute a failure to deliver such notice for this purpose)or communication is available and identifying the website address therefor. (c) Each Any oral notices, if any, shall be given in accordance with Section 12 of the parties Customer Account Agreement. (d) Any party hereto may change its address, facsimile, telephone address or facsimile number or e-mail address for notices and other communications hereunder by notice to the other parties party hereto. (d) Lender shall be entitled to rely and act upon any notices purportedly given by or on behalf of Borrower. Borrower shall indemnify Lender and the Related Parties of Lender from all losses, costs, expenses and liabilities resulting from the reliance by such Person on each notice purportedly given by or on behalf of Borrower. All telephonic notices to and other telephonic communications with Lender may be recorded by Lender, and each of the parties hereto hereby consents to such recording.

Notices Effectiveness Electronic Communications. (a) All Except in the case of notices and other communications expressly permitted to be given by telephone (and except as provided in Subsection (b) below), all notices and other communications provided for herein shall be in writing and shall be delivered (i) by hand or overnight courier service, mailed by certified or registered mail or sent by facsimile as followsfacsimile, or (ii) by electronic mail to the applicable e-mail address, as follows: (i) if to Borrower, to: Marfrig Global Foods S.A. Av Nações Unidasto it at its address (or facsimile number) set forth below, 14.401 - torre Jequitiba - 27o andar CEP 04730-090 São Paulo SP Brazil Attention: Mr. Txxx Xxxxx (CFO) and Mx. Xxxxxxx Xxxxx (Legal Department) Facsimile: +(00) 00 0000-0000 e-mail: txxx.xxxxx@xxxxxxx.xxx.xx and hxxxxxx.xxxxx@xxxxxxx.xxx.xx (ii) if to Lender, to: JXXxxxxx Xxxxx Xxxx, X.X., Xxxxxx Xxxxxx XXX XX Corp Trading 300 Xxxxxxx Xxxxxx, 0xx xxxxx Xxx Xxxx, XX 00000 Attn: Sxxxxx Xxxxxxxxxxxx / Mxxxxxx Xxxxx Telephone No.: to it at its address (000or facsimile number) 000-0000 Facsimile No.: (000) 000-0000 E-mail: sxxxxx.xxxxxxxxxxxx@xxxxxxxx.xxx; mxxxxxx.x.xxxxx@jxxxxxxx.xxx; pxxxx.x.xxxxxxx@xxxxxxxx.xxx; EXX.XX.Xxxxxxxxx.Xxxxxxx@xxxxxxxx.xxx set forth below. Notices and other communications sent by hand or overnight courier service, or mailed by certified or registered mail, service shall be deemed to have been given when received; notices sent by certified or registered mail shall be deemed to have been given when received; and other communications 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 and other communications given delivered through electronic communications to the extent provided in subsection Subsection (b) below, shall be effective as provided in such subsection Subsection (b). Borrower’s Address for Notices: c/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 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 Facsimile No.: 000-000-0000 Telephone No.: 000-000-0000 Email Address: Xxxxxx.Xxxxxx@xxxxxxx.xxx Lender’s Address for Notices: Bank of America Xxxxxxx Xxxxx Onx Xxxxxx Xxxx, 6th Floor New York, NY 10036 Attn: Xxxxx Xxxxxx Telephone No.: 000-000-0000 Email Address: xxxxx.xxxxxx@xxxx.xxx with a copy to: Office of General Counsel Bank of America Xxxxxxx Xxxxx 50 Xxxxxxxxxxx Xxxxx, 12th Floor New York, NY 10020 Attention: Xxxx Xxxxxx Phone No.: (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 Lender 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 given and received when sent absent upon the sender’s receipt of a failure to deliver 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 within 30 minutes or other communication is not sent during the normal business hours of the recipient, such notice or communication being shall be deemed to have been sent at the opening of business on the next Business Day for the recipient, and (it being understood 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 an “out of office” reply does not constitute a failure to deliver such notice for this purpose)or communication is available and identifying the website address therefor. (c) Each Any oral notices, if any, shall be given in accordance with Section 12 of the parties Customer Account Agreement. (d) Any party hereto may change its address, facsimile, telephone address or facsimile number or e-mail address for notices and other communications hereunder by notice to the other parties party hereto. (d) Lender shall be entitled to rely and act upon any notices purportedly given by or on behalf of Borrower. Borrower shall indemnify Lender and the Related Parties of Lender from all losses, costs, expenses and liabilities resulting from the reliance by such Person on each notice purportedly given by or on behalf of Borrower. All telephonic notices to and other telephonic communications with Lender may be recorded by Lender, and each of the parties hereto hereby consents to such recording.

Notices Effectiveness Electronic Communications. (a) All notices and other communications provided for herein (including, for the avoidance of doubt, any Collateral Call Notice or notice of a Mandatory Prepayment Event) shall be in writing and shall be delivered (i) by hand or overnight courier service, mailed by certified or registered mail or sent by facsimile as follows, or (ii) by electronic mail to the applicable e-mail address, as follows: (i) if to Borrower, to: Marfrig Global Foods S.A. Av Nações UnidasREL US Centennial Holdings, 14.401 - torre Jequitiba - 27o andar CEP 04730-090 São Paulo SP Brazil AttentionLLC Attn: Mr. Txxx Xxxxx (CFO) and Mx. Xxxxxxx Xxxxx (Legal Department) FacsimileXxxxxx X. Xxxxxx Telephone No.: +(00) 00 0000-000 000 0000 e-mailFacsimile No.: txxx.xxxxx@xxxxxxx.xxx.xx and hxxxxxx.xxxxx@xxxxxxx.xxx.xx000 000 0000 Email: Xxx@xxxxxxxxxxxxx.xxx (ii) if to LenderGuarantor, to: JXXxxxxx Xxxxx XxxxREL US Corp. Attn: Xxxxxx X. Xxxxxx Telephone No.: 000 000 0000 Facsimile No.: 000 000 0000 Email: Xxx@xxxxxxxxxxxxx.xxx (iii) if to Administrative Agent, X.X.to: Citibank, Xxxxxx Xxxxxx XXX XX Corp Trading 300 Xxxxxxx N.A. 000 Xxxxxxxxx Xxxxxx, 0xx xxxxx Xxx Xxxx, XX 00000 Attn: Sxxxxx Xxxxxxxxxxxx / Mxxxxxx Xxxxx Telephone No.: (000) 000-000 000 0000 Facsimile No.. : 000 000 0000 Email: xxxxx.xxxxxxxxx@xxxx.xxx, xxxx.xxxxxxxx@xxxx.xxx, xxxx.xxxxxxxx@xxxx.xxx, xxxxxx.xxxxxx@xxxx.xxx, xxxxxxx0.xxxxx@xxxx.xxx, xxxxxx.x.xxxxxxxx@xxxx.xxx, xx.xx.xxxxxxxxxx.xxxxxx.xxxxxx@xxxx.xxx (000iv) 000-0000 E-mail: sxxxxx.xxxxxxxxxxxx@xxxxxxxx.xxx; mxxxxxx.x.xxxxx@jxxxxxxx.xxx; pxxxx.x.xxxxxxx@xxxxxxxx.xxx; EXX.XX.Xxxxxxxxx.Xxxxxxx@xxxxxxxx.xxx if to a Lender, to it at its address set forth in Schedule I. 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 (x) other than in the case of a Collateral Call Notice or notice of a Mandatory Prepayment Event, 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; or (y) in the case of a Collateral Call Notice or notice of a Mandatory Prepayment Event, by 8:00 p.m. on any Scheduled Trading Day, shall be deemed to have been given at the opening of business on the next Scheduled Trading Day). Notices and other communications given through electronic communications to the extent provided in subsection Subsection (b) below, shall be effective as provided in such subsection Subsection (b). (b) Notices and other communications sent to an e-mail address shall be deemed given and received when sent absent receipt of a failure to deliver notice within 30 minutes of such notice or communication being sent (it being understood that an “out of office” reply does not constitute a failure to deliver notice for this purpose); 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 (or, in the case of a Collateral Call Notice or notice of a Mandatory Prepayment Event, if not sent by 8:00 p.m. on any Scheduled Trading Day, such notice shall be deemed to have been sent at the opening of business on the next Scheduled Trading Day). (c) Each of the parties hereto Loan Parties and Administrative Agent may change its address, facsimile, telephone number or e-mail address for notices and other communications hereunder by notice to the other parties hereto. Each Lender may change its address, facsimile, telephone number or e-mail for notices and other communications hereunder by notice to Administrative Agent, who shall promptly notify the Loan Parties thereof. In addition, each Lender agrees to notify Administrative Agent from time to time to ensure that Administrative Agent has on record (i) an effective address, contact name, telephone number, facsimile number and electronic mail address to which notices and other communications may be sent and (ii) accurate wire instructions for such Lender. (d) Lender shall be entitled to rely and act upon any notices purportedly given by or on behalf of Borrower. Borrower shall indemnify Lender and the Related Parties of Agent and Lender from all losses, costs, expenses and liabilities resulting from the reliance by such Person on each notice purportedly given by or on behalf of Borrower. All telephonic notices to and other telephonic communications with any Agent or any Lender may be recorded by such Agent or such Lender, and each of the parties hereto hereby consents to such recording.

Notices Effectiveness Electronic Communications. (a) All 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), all notices and other communications provided for herein shall be in writing and shall be delivered (i) by hand or overnight courier service, mailed by certified or registered mail or sent by facsimile as followsfacsimile, or (ii) by electronic mail to the applicable e-mail address, as follows: (i) if to Borrower, to: Marfrig Global Foods S.A. Av Nações Unidasto it at its address (or facsimile number) set forth below, 14.401 - torre Jequitiba - 27o andar CEP 04730-090 São Paulo SP Brazil Attention: Mr. Txxx Xxxxx (CFO) and Mx. Xxxxxxx Xxxxx (Legal Department) Facsimile: +(00) 00 0000-0000 e-mail: txxx.xxxxx@xxxxxxx.xxx.xx and hxxxxxx.xxxxx@xxxxxxx.xxx.xx (ii) if to Lender, to: JXXxxxxx Xxxxx Xxxx, X.X., Xxxxxx Xxxxxx XXX XX Corp Trading 300 Xxxxxxx Xxxxxx, 0xx xxxxx Xxx Xxxx, XX 00000 Attn: Sxxxxx Xxxxxxxxxxxx / Mxxxxxx Xxxxx Telephone No.: to it at its address (000or facsimile number) 000-0000 Facsimile No.: (000) 000-0000 E-mail: sxxxxx.xxxxxxxxxxxx@xxxxxxxx.xxx; mxxxxxx.x.xxxxx@jxxxxxxx.xxx; pxxxx.x.xxxxxxx@xxxxxxxx.xxx; EXX.XX.Xxxxxxxxx.Xxxxxxx@xxxxxxxx.xxx set forth below. Notices and other communications sent by hand or overnight courier service, or mailed by certified or registered mail, 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 other communications 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 and other communications given delivered through electronic communications to the extent provided in subsection Subsection (b) belowof this Section, shall be effective as provided in such subsection Subsection (b).. Xxxxxxxx’s Address for Notices: Western Asset High Income Fund II Inc. c/x Xxxx Xxxxx Partners Fund Advisor, LLC 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 Xxxx/Xxxxxxx Xxx Lender’s Lending Office/Address for Notices: Bank of America, N.A. Xxx Xxxxxx Xxxx Xxx Xxxx, XX 00000 Attention: Xxxxxxx Xxxxxxx Email: Xxxxxxx.xxxxxxx@xxxx.xxx Facsimile No. 000-000-0000 with a copy to: Xxxxx & Xxx Xxxxx PLLC 000 Xxxxx Xxxxx Xxxxxx, Suite 4700 Charlotte, NC 28202 Attention: Xxxx Xxxxxx Email: xxxxxxxxxx@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 given and received when sent absent upon the sender’s receipt of a failure to deliver 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 within 30 minutes or other communication is not sent during the normal business hours of the recipient, such notice or communication being shall be deemed to have been sent at the opening of business on the next Business Day for the recipient, and (it being understood 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 an “out of office” reply does not constitute a failure to deliver such notice for this purpose)or communication is available and identifying the website address therefor. (c) Each of the parties Any party hereto may change its address, facsimile, telephone address or facsimile number or e-mail address for notices and other communications hereunder by written notice to the other parties party hereto. (d) Lender shall be entitled to rely and act upon any notices purportedly given by or on behalf of Borrower. Borrower shall indemnify Lender and the Related Parties of Lender from all losses, costs, expenses and liabilities resulting from the reliance by such Person on each notice purportedly given by or on behalf of Borrower. All telephonic notices to and other telephonic communications with Lender may be recorded by Lender, and each of the parties hereto hereby consents to such recording.