Common use of Notices Electronic Communication Clause in Contracts

Notices Electronic Communication. (a) Except as provided in Section 14.1(b) below, all notices, requests and other communications to any party hereunder shall be in writing (including bank wire, telecopy, e-mail or similar writing) and shall be given (i) if to Administrative Agent or any Bank, to such party at its address, e-mail address, telex or telecopy number set forth on Schedule 1 hereof, or (ii) if to Borrower, at the address, e-mail address, telex or telecopy number for Borrower set forth on the signature page hereto or such other address, e-mail address, telex or telecopy number as such party may hereafter specify for the purpose by notice to Administrative Agent and Borrower, as the case may be. Each such notice, request or other communication shall be effective (A) if given by telecopy, when such telecopy is transmitted to the telecopy number specified in this Section 14.1 and the appropriate answerback is received or receipt is otherwise confirmed, (B) if given by mail, five (5) days after deposit in the mails with first class postage prepaid, addressed as aforesaid, (C) if given by e-mail, as provided in subsection (b) below, or (D) if given by any other means, when delivered at the address specified in this Section 14.1; provided, that notices to Administrative Agent under Article II or Article III shall not be effective until received. (b) Notices and other communications to Banks and Letter of Credit Issuer hereunder may be delivered or furnished by electronic communication (including e-mail and Internet or intranet websites) pursuant to procedures approved by Administrative Agent, provided, that the foregoing shall not apply to notices to any Bank or Letter of Credit Issuer pursuant to Article II if such Bank or Letter of Credit Issuer, as applicable, has notified Administrative Agent that it is incapable of receiving notices under such Article by electronic communication. Administrative Agent 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 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 Domestic 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.

Notices Electronic Communication. (a) Except in the case of notices and other communications expressly permitted to be given by telephone (and except as provided in Section 14.1(bparagraph (b) below), all notices, requests notices and other communications to any party hereunder provided for herein shall be in writing (including bank wire, telecopy, e-mail or similar writing) and shall be given delivered by hand or overnight courier service, mailed by certified or registered mail or sent by facsimile or electronic mail as follows: (i) if to Administrative Agent or any BankBorrower, to such party at its address, e-mail address, telex or telecopy number set forth Address for Notices on Schedule 1 its signature page hereof, or ; (ii) if to BorrowerAgent or to ORIX Corporate Capital Inc., its Address for Notices on its signature page hereof; and (iii) if to a Lender (other than ORIX Corporate Capital Inc.), to it at the address, its address (or facsimile number or e-mail address, telex or telecopy number for Borrower ) set forth in its Administrative Questionnaire. Notices sent by hand or overnight courier service, or mailed by certified or registered mail, shall be deemed to have been given when received; 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 signature page hereto or such other address, e-mail address, telex or telecopy number as such party may hereafter specify next business day for the purpose by notice to Administrative Agent and Borrower, as the case may berecipient). Each such notice, request or other communication shall be effective (A) if given by telecopy, when such telecopy is transmitted Notices delivered through electronic communications to the telecopy number specified in this Section 14.1 and the appropriate answerback is received or receipt is otherwise confirmed, (B) if given by mail, five (5) days after deposit in the mails with first class postage prepaid, addressed as aforesaid, (C) if given by e-mail, as extent provided in subsection paragraph (b) below, or (D) if given by any other means, when delivered at the address specified in this Section 14.1; provided, that notices to Administrative Agent under Article II or Article III shall not be effective until receivedas provided in such paragraph (b). (b) Notices and other communications to Banks and Letter of Credit Issuer the Lenders hereunder may be delivered or furnished by electronic communication (including e-mail and Internet or intranet websites) pursuant to procedures approved by Administrative Agent, provided, ; provided that the foregoing shall not apply to notices to any Bank or Letter of Credit Issuer Lender pursuant to Article II I if such Bank or Letter of Credit Issuer, as applicable, Lender has notified Administrative Agent that it is incapable of receiving notices under such Article by electronic communication. Administrative Agent or and Borrower may, in its their discretion, agree to accept notices and other communications to it hereunder by electronic communications pursuant to procedures approved by it, provided, provided that approval of such procedures may be limited to particular notices or communications. Unless Administrative the 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, 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 Domestic Business Day 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 may change its address, e-mail address or facsimile number for notices and other communications hereunder by notice to the other parties hereto.

Notices Electronic Communication. (a) Except in the cases of notices and other communications expressly permitted to be given by telephone (and except as provided in Section 14.1(b) below9.03(b)), all notices, requests notices and other communications to any party hereunder provided for herein shall be in writing (including bank wire, telecopy, e-mail or similar writing) and shall be given delivered by hand or overnight courier service, mailed by certified or registered mail or sent by telecopier as follows: (i) if to Administrative the Borrower: Xxxxx Corporation 00 Xxxxx Xxxxx, Suite 1000 Houston, Texas 77007 Attention: Chief Financial Officer Telephone: (000) 000-0000 Facsimile: (000) 000-0000 (ii) If to the Agent or any Bank, to such party it at its address, e-mail address, telex address (or telecopy number telecopier number) set forth on Schedule 1 hereof2.01. Notices sent by hand or overnight courier service, or mailed by certified or registered mail, shall be deemed to have been given when received; notices sent by telecopier shall be deemed to have been given when sent (ii) except that, if not given during normal business hours for the recipient, shall be deemed to Borrower, have been given at the address, e-mail address, telex or telecopy number for Borrower set forth opening of business on the signature page hereto or such other address, e-mail address, telex or telecopy number as such party may hereafter specify next Business Day for the purpose by notice recipient). Notices delivered through electronic communications to Administrative Agent and Borrower, as the case may be. Each such notice, request or other communication extent provided in Section 9.03(b) shall be effective (A) if given by telecopy, when such telecopy is transmitted to the telecopy number specified in this Section 14.1 and the appropriate answerback is received or receipt is otherwise confirmed, (B) if given by mail, five (5) days after deposit in the mails with first class postage prepaid, addressed as aforesaid, (C) if given by e-mail, as provided in subsection (b) below, or (D) if given by any other means, when delivered at the address specified in this Section 14.1; provided, that notices to Administrative Agent under Article II or Article III shall not be effective until received9.03(b). (b) Notices and other communications to the Banks and Letter of Credit Issuer hereunder may be delivered or furnished by electronic communication (including e-mail and Internet or by posting such notices or communications on internet or intranet websiteswebsites such as SyndTrak or a substantially similar electronic transmission system (the “Platform”) pursuant to procedures approved by Administrative the Agent, provided, provided that the foregoing shall not apply to notices to any Bank or Letter of Credit Issuer pursuant to Article ARTICLE II if such Bank or Letter of Credit Issuer, as applicable, has notified Administrative the Agent that it is incapable of receiving notices under such Article by electronic communication. Administrative The Agent or the Borrower may, in its discretion, agree to accept notices and other communications to it hereunder by electronic communications communication pursuant to procedures approved by it, provided, provided that approval of such procedures may be limited to particular notices or communications. Unless Administrative the 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, 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 Domestic Business Day for the recipient, and (ii) notices or other communications posted to an Internet 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. THE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE.” The Agent Parties (as defined below) do not warrant the adequacy of the Platform and expressly disclaim liability for errors or omissions in the communications effected thereby except to the extent caused by any Agent Party’s gross negligence or willful misconduct. No warranty of any kind, express, implied or statutory, including any warranty of merchantability, fitness for a particular purpose, non-infringement of third-party rights or freedom from viruses or other code defects, is made by any Agent Party in connection with any such communications or the Platform. In no event shall the Agent or any of its Affiliates or the partners, directors, officers, employees, agents, trustees, administrators, managers, advisors and representatives of the Agent and its Affiliates (collectively, the “Agent Parties”) have any liability to the Borrower, any Bank or any other Person or entity for damages of any kind, including direct or indirect, special, incidental or consequential damages, losses or expenses (whether in tort, contract or otherwise) arising out of the Borrower’s or the Agent’s transmission of any notices or communications through the Platform other than for direct or actual damages resulting from the gross negligence or willful misconduct of such Agent Party as determined by a final and nonappealable judgment of a court of competent jurisdiction. (c) Any party hereto may change its address or telecopier number for notices and other communications hereunder by notice to the other parties hereto (except that each Bank need not give notice of any such change to the other Banks in their capacities as such).