Common use of Notices; Effectiveness Clause in Contracts

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 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; provided, that, for both clauses (i) and (ii) above, if such notice, e-mail 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 of the recipient.

Appears in 2 contracts

Samples: Credit Agreement (Cleanspark, Inc.), Credit Agreement (Cleanspark, Inc.)

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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 PlaceXxx Xxxxxxx Xxxxx, 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 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; provided, that, for both clauses (i) and (ii) above, if such notice, e-mail 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 of the recipient.such

Appears in 1 contract

Samples: Credit Agreement (GRIID Infrastructure Inc.)

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 PlaceXxx Xxxxxxx Xxxxx, 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 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; provided, that, for both clauses (i) and (ii) above, if such notice, e-mail 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 of the recipient.

Appears in 1 contract

Samples: Credit Agreement (GRIID Infrastructure Inc.)

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Notices; Effectiveness. (a) Subject to paragraph (c) below, all notices and other communications provided for herein Any Communication required shall be in writing addressed to the respective party as set forth below and shall may be delivered personally served by hand or overnight courier servicetelecopier transmission, mailed by United States 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 nationally-recognized overnight courier service, or mailed by certified or registered mail, courier. A Communication shall be deemed to have been given when receivedgiven: (i) upon receipt, if delivered in person; notices and other communications (ii) upon receipt (confirmed by automatic answer back or like evidence of receipt), if sent by facsimile shall be deemed to have been given when sent (except that, if not given telecopier during normal business hours at the office of the recipient on the date of transmission if transmitted on a Business Day before 3:00 p.m. Boston time; (iii) one (1) Business Day after delivery to the courier properly addressed, if delivered by overnight courier; or (iv) four (4) Business Days after deposit with postage prepaid and properly addressed, if delivered by United States certified or registered mail. In any such case, such Communication to any party shall, if made in writing, be made to the address of such party indicated below for the recipientreceiving Communications in writing and, if made by telecopier, shall be deemed made 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 such fax number as indicated below. Any party may from time to the extent provided in paragraph (c) below shall be effective as provided in such paragraph. Each of the Borrower and the Lender may time change its address for receiving Communications in writing, or facsimile for notices and other communications hereunder its fax number, by sending a notice to the other parties hereto. (c) Notices and other communications hereto in writing. While the parties may communicate by electronic means 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) mayelectronic addresses set forth below, 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 no Communication shall be deemed received upon given unless and until the sender’s receipt of an acknowledgement from same is deemed given in accordance with the intended recipient first paragraph in this Section 9.3. If to Great Lakes: Great Lakes Aviation, Ltd. 0000 Xxxxxxx Xxxxxxx Xxxxxxxx, XX 00000 Attn: Xxxx Xxxx (such as by 307-432-7053) or Xxxx Xxxxxxxx (307-432-7150) With a copy to: Xxxxxx and Xxxxxx, P.A. 2200 IDS Center 00 Xxxxx 0xx Xxxxxx Xxxxxxxxxxx, XX Attention: Xxxxxxx Xxxxxx Phone: (000) 000-0000 Fax: (000) 000-0000 Electronic address: xxxxxxx@xxxxxx.xxx If to Administrative Agent: Crystal Financial LLC Xxx Xxxxxxxxxxxxx Xxxxx Xxxxxx, XX 00000 Attn: Xxxx Xxxxxxxx, Managing Director Phone: (000) 000-0000 Fax: (000) 000-0000 Electronic address: xxxxxxxxx@xxxxxxxxxxxx.xxx With a copy to: Proskauer Rose, LLP Xxx Xxxxxxxxxxxxx Xxxxx Xxxxxx, XX 00000 Attn: Xxxxx X. Xxxxxxxx Fax: (000) 000-0000 Electronic address: xxxxxxxxx@xxxxxxxxx.xxx If to Collateral Agent: GB Merchant Partners, LLC 000 Xxxxxxxxxx Xxxxxx, 00xx Xxxxx Xxxxxx, XX 00000 Attn: Xxxx Xxxxxxx Fax: (000) 000-0000 Electronic address: xxxxxxxx@xxxxxxxxxxxxxx.xxx With a copy to: Proskauer Rose, LLP Xxx Xxxxxxxxxxxxx Xxxxx Xxxxxx, XX 00000 Attn: Xxxxx X. Xxxxxxxx Fax: (000) 000-0000 Electronic address: xxxxxxxxx@xxxxxxxxx.xxx If to a Lender: To the “return receipt requested” function, as available, return e-mail address or other written acknowledgement) and (ii) posted to an Internet fax number set forth on the signature page hereto 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; provided, that, for both clauses (i) and (ii) above, if such notice, e-mail 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 of the recipient.applicable Assignment Agreement

Appears in 1 contract

Samples: Credit Agreement (Great Lakes Aviation LTD)

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