Common use of Notices, etc. to Certain Parties Clause in Contracts

Notices, etc. to Certain Parties. (a) Any request, demand, authorization, direction, instruction, order, notice, consent, waiver or Act of Noteholders or other documents or communication provided or permitted by this Indenture to be made upon, given, e-mailed or furnished to, or filed with: (i) the Trustee shall be sufficient for every purpose hereunder if made, given, furnished or filed in writing to and mailed, by certified mail, return receipt requested, hand delivered, sent by overnight courier service guaranteeing next day delivery, by electronic mail, or by facsimile in legible form to U.S. Bank National Association, as Trustee, Xxx Xxxxxxx Xxxxxx, 0xx Xxxxx, Xxxxxx, Xxxxxxxxxxxxx 00000, Attention: NewStar Commercial Loan Funding 2013-1 LLC (Xxxxxx Xxxxxxxxx), email: xxxxxx.xxxxxxxxx@xxxxxx.xxx, facsimile No. (000) 000-0000, or at any other address previously furnished in writing to the other parties hereto by the Trustee, and executed by a Responsible Officer of the entity sending such request, demand, authorization, direction, instruction, order, notice, consent, waiver or other document; provided that any demand, authorization, direction, instruction, order, notice, consent, waiver or other document sent to U.S. Bank National Association (in any capacity hereunder) will be deemed effective only upon receipt thereof by U.S. Bank National Association; (ii) the Issuer shall be sufficient for every purpose hereunder (unless otherwise herein expressly provided) if in writing and mailed, first class postage prepaid, hand delivered, sent by overnight courier service, by electronic mail, or by facsimile in legible form, to the Issuer addressed to it at c/o NewStar Financial, Inc., 000 Xxxxxxxx Xxxxxx, Xxxxx 0000, Xxxxxx, Xxxxxxxxxxxxx 00000, Attention: Xxxxx Xxxxx, email: xxxxxxxxxx@xxxxxxxxxx.xxx, facsimile No. (000) 000-0000, or at any other address previously furnished in writing to the other parties hereto by the Issuer, with a copy to the Collateral Manager at its address below; (iii) the Collateral Manager shall be sufficient for every purpose hereunder if in writing and mailed, first class postage prepaid, hand delivered, sent by overnight courier service, by electronic mail or by facsimile in legible form, to the Collateral Manager addressed to it at c/o NewStar Financial, Inc., 000 Xxxxxxxx Xxxxxx, Xxxxx 0000, Xxxxxx, Xxxxxxxxxxxxx 00000, Attention: Xxxxx Xxxxx, email: xxxxxxxxxx@xxxxxxxxxx.xxx, facsimile No. (000) 000-0000, or at any other address previously furnished in writing to the parties hereto by the Collateral Manager; (iv) the Placement Agent shall be sufficient for every purpose hereunder if in writing and mailed, first class postage prepaid, hand delivered, sent by overnight courier service or by facsimile in legible form, addressed to Natixis Securities Americas LLC, 1251 Avenue of the Xxxxxxxx, Xxx Xxxx, Xxx Xxxx 00000, Attention: Structured Credit and Solutions Group, facsimile No. (000) 000-0000 or at any other address previously furnished in writing to the Issuer and the Trustee by the Placement Agent; (v) the Class A-R Agent shall be sufficient for every purpose hereunder if in writing to and mailed, first class postage prepaid, hand delivered, sent by overnight courier service, by electronic mail, or by facsimile in legible form, addressed c/o Natixis Securities Americas LLC, 0000 Xxxxxx xx xxx Xxxxxxxx, Xxx Xxxx, Xxx Xxxx 00000, Attention: Xxxxxx Xxxxxxxx, email: xxxxxx.xxxxxxxx@xx.xxxxxxx.xxx, with a copy to xxxxx_xxxxx@xx.xxxxxxx.xxx, facsimile No. (000) 000-0000, or at any other address previously furnished in writing to the Issuer, Collateral Manager and the Trustee by the Class A-R Agent; (vi) the Rating Agencies shall be sufficient for every purpose hereunder (unless otherwise herein expressly provided) if in writing and mailed, first class postage prepaid, hand delivered, sent by overnight courier service to each Rating Agency addressed to it at Xxxxx’x Investors Service, Inc., 0 Xxxxx Xxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000, Attention: CBO/CLO Monitoring or by email to xxxxxxxxxxxxx@xxxxxx.xxx and Standard & Poor’s, 00 Xxxxx Xxxxxx, 00xx Xxxxx, Xxx Xxxx, Xxx Xxxx 00000-0000 or by facsimile in legible form to facsimile no. (000) 000-0000, Attention: Structured Credit—CDO Surveillance or by electronic copy to XXX_Xxxxxxxxxxxx@xxxxx.xxx; provided that in respect of any application for a ratings estimate by S&P in respect of a Collateral Obligation, Information must be submitted to xxxxxxxxxxxxxxx@xxxxxxxxxxxxxxxx.xxx; (vii) the Irish Stock Exchange shall be sufficient for every purpose hereunder if made, given, furnished or filed in writing to and mailed, by certified mail, return receipt requested, hand delivered, sent by overnight courier service guaranteeing next day delivery or by facsimile in legible form, to the Irish Stock Exchange addressed to it at 00 Xxxxxxxx Xxxxxx, Xxxxxx 0, Xxxxxxx; and

Appears in 1 contract

Samples: Indenture (NewStar Financial, Inc.)

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Notices, etc. to Certain Parties. (a) Any request, demand, authorization, direction, instruction, order, notice, consent, waiver or Act of Noteholders Debtholders or other documents or communication provided or permitted by this Indenture to be made upon, given, e-mailed or furnished to, or filed with: : (i) the Trustee and the Loan Agent shall be sufficient for every purpose hereunder if made, given, furnished or filed in writing to and mailed, by certified mail, return receipt requested, hand delivered, sent by overnight courier service guaranteeing next day delivery, by electronic mail, or by facsimile in legible form to U.S. Bank National Association, as the Trustee, Xxx Xxxxxxx Xxxxxx, 0xx Xxxxx, Xxxxxx, Xxxxxxxxxxxxx 00000, Attention: NewStar Commercial Loan Funding 2013-1 LLC (Xxxxxx Xxxxxxxxx), email: xxxxxx.xxxxxxxxx@xxxxxx.xxx, facsimile No. (000) 000-0000addressed to it at the Corporate Trust Office, or at any other address previously furnished in writing to the other parties hereto by the Trustee, and executed by a Responsible Officer or Officer (as applicable) of the entity sending such request, demand, authorization, USActive 57779863.5 -219- 47427296.1 direction, instruction, order, notice, consent, waiver or other document; provided that any demand, authorization, direction, instruction, order, notice, consent, waiver or other document sent to U.S. the Bank National Association (in any capacity hereunder) will be deemed effective only upon receipt thereof by U.S. a Trust Officer of the Bank National Association; in such capacity; (ii) the Issuer shall be sufficient for every purpose hereunder (unless otherwise herein expressly provided) if in writing and mailed, first class postage prepaid, hand delivered, sent by overnight courier service, by electronic mail, or by facsimile in legible form, to the Issuer addressed to it at c/o NewStar Financial, Inc.Churchill Asset Management LLC, 000 Xxxxxxxx Xxxx Xxxxxx, Xxxxx 000000xx Xxxxx, XxxxxxXxx Xxxx, Xxxxxxxxxxxxx Xxx Xxxx 00000, Attention: Xxxxx Xxxxxxx Xxxxx, emailFund Controller, Email: xxxxxxxxxx@xxxxxxxxxx.xxxXxxxxxx.Xxxxx@xxxxxxxxxxx.xxx, facsimile No. (000) 000-0000with a copy to: Nuveen Xxxxxxxxx Direct Lending Corp., 0000 Xxxxxx Xxxxxxxx Blvd., Charlotte, North Carolina 28262, Attention: Xxxx X. XxXxxxx, Email: Xxxx.XxXxxxx@xxxxxx.xxx, or at any other address previously furnished in writing to the other parties hereto by the Issuer, with a copy to the Collateral Manager at its address below; ; (iii) the Collateral Manager shall be sufficient for every purpose hereunder if in writing and mailed, first class postage prepaid, hand delivered, sent by overnight courier service, by electronic mail or by facsimile in legible form, to the Collateral Manager addressed to it at c/o NewStar Financial, Inc.Churchill Asset Management LLC, 000 Xxxxxxxx Xxxx Xxxxxx, Xxxxx 000000xx Xxxxx, XxxxxxXxx Xxxx, Xxxxxxxxxxxxx Xxx Xxxx 00000, Attention: Xxxxx Xxxxxxx Xxxxx, Funds Controller, email: xxxxxxxxxx@xxxxxxxxxx.xxxxxxxxxx.xxxxx@xxxxxxxxxxx.xxx, facsimile No. (000) 000with a copy to the Collateral Manager addressed to it at 0000 Xxxxxx Xxxxxxxx Blvd., Charlotte, North Carolina 28262, Attention: Xxxx X. XxXxxxx, email: Xxxx.XxXxxxx@xxxxxx.xxx and with a copy to the Sub-0000Advisor addressed to it at Xxxxxxxxx Asset Management LLC, 000 Xxxx Xxxxxx, 0xx Xxxxx, Xxx Xxxx, Xxx Xxxx 00000, Attention: Xxxx Xxxxxxxx, email: Xxxx.Xxxxxxxx@xxxxxxxxxxx.xxx with a copy to Xxxx Xxxxxxxx, email: Xxxx.Xxxxxxxx@xxxxxxxxxxx.xxx or at any other address previously furnished in writing to the parties hereto by the Collateral Manager; hereto; (iv) the Initial Purchaser shall be sufficient for every purpose hereunder if in writing and mailed, first class postage prepaid, hand delivered, sent by overnight courier service or by facsimile in legible form, addressed to Xxxxx Fargo Securities, LLC, 000 Xxxxx Xxxxx Xxxxxx, Charlotte, North Carolina 28202, Attention: Corporate Debt Finance, or at any other address subsequently furnished in writing to the Issuer and the Trustee by Xxxxx Fargo Securities, LLC; (v) the Co-Placement Agent shall be sufficient for every purpose hereunder if in writing and mailed, first class postage prepaid, hand delivered, sent by overnight courier service or by facsimile in legible form, addressed to Natixis Securities Americas LLCNatWest Markets Plc, 1251 Avenue of the Xxxxxxxx000 Xxxxxxxxxxx, Xxx XxxxXxxxxx XX0X 0XX, Xxx Xxxx 00000Email: XxxxxxxXxxxxxxxxXxxxxxxxxxxXxxxxxxxXxxxxxxxxx@xxxxxxxxxxxxxx.xxx, Attention: Structured Credit and Solutions Group, facsimile No. (000) 000-0000 or at any other address previously subsequently furnished in writing to the Issuer and the Trustee by the Placement Agent; (v) the Class A-R Agent shall be sufficient for every purpose hereunder if in writing to and mailed, first class postage prepaid, hand delivered, sent by overnight courier service, by electronic mail, or by facsimile in legible form, addressed c/o Natixis Securities Americas LLC, 0000 Xxxxxx xx xxx Xxxxxxxx, Xxx Xxxx, Xxx Xxxx 00000, Attention: Xxxxxx Xxxxxxxx, email: xxxxxx.xxxxxxxx@xx.xxxxxxx.xxx, with a copy to xxxxx_xxxxx@xx.xxxxxxx.xxx, facsimile No. (000) 000-0000, or at any other address previously furnished in writing to the Issuer, Collateral Manager and the Trustee by the Class A-R Agent; NatWest Markets Plc; (vi) the Rating Agencies shall be sufficient for every purpose hereunder (unless otherwise herein expressly provided) if in writing and mailed, first class postage prepaid, hand delivered, sent by overnight courier service to each Rating Agency addressed to it at Xxxxx’x Investors Service, Inc., 0 Xxxxx Xxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000, Attention: CBO/CLO Monitoring or by email to xxxxxxxxxxxxx@xxxxxx.xxx and Standard & Poor’s, 00 Xxxxx Xxxxxx, 00xx Xxxxx, Xxx Xxxx, Xxx Xxxx 00000-0000 or by facsimile in legible form to facsimile no. (000) 000-0000, Attention: Structured Credit—CDO Surveillance or by electronic copy to XXX_Xxxxxxxxxxxx@xxxxx.xxx; provided that in respect of any application for a ratings estimate by S&P in respect of a Collateral Obligation, Information must be submitted to xxxxxxxxxxxxxxx@xxxxxxxxxxxxxxxx.xxx; (vii) the Irish Stock Exchange Administrator shall be sufficient for every purpose hereunder if made, given, furnished or filed in writing to and mailed, by certified mail, return receipt requested, hand delivered, sent by overnight courier service guaranteeing next day delivery receipt (b) If any provision herein calls for any notice or by facsimile in legible form, document to be delivered simultaneously to the Irish Stock Exchange addressed Trustee and any other Person, the Trustee’s receipt of such notice or document shall entitle the Trustee to it at 00 Xxxxxxxx Xxxxxxassume that such notice or document was delivered to such other Person or entity unless otherwise expressly specified herein. (c) Notwithstanding any provision to the contrary contained herein or in any agreement or document related thereto, Xxxxxx 0any report, Xxxxxxx; andstatement or other information required to be provided by the Issuer or the Trustee may be provided by providing access to a website containing such information.

Appears in 1 contract

Samples: Indenture and Security Agreement (Nuveen Churchill Direct Lending Corp.)

Notices, etc. to Certain Parties. (a) Any Except as otherwise expressly provided herein, any request, demand, authorization, direction, instruction, order, notice, consent, waiver or Act of Noteholders or other documents or communication provided or permitted by this Indenture to be made upon, given, e-mailed given or furnished to, or filed with: (i) the Trustee shall be sufficient for every purpose hereunder if made, given, furnished or filed in writing to and mailed, by certified mail, return receipt requested, hand delivered, sent by overnight courier service guaranteeing next day delivery, by electronic mail, or by facsimile in legible form to U.S. Bank National Association, as Trustee, Xxx Xxxxxxx Xxxxxx, 0xx Xxxxx, Xxxxxx, Xxxxxxxxxxxxx 00000, Attention: NewStar Commercial Loan Funding 2013-1 LLC (Xxxxxx Xxxxxxxxx), email: xxxxxx.xxxxxxxxx@xxxxxx.xxx, facsimile No. (000) 000-0000, or at with any other address previously furnished in writing to the other parties hereto by the Trustee, and executed by a Responsible Officer of the entity sending such request, demand, authorization, direction, instruction, order, notice, consent, waiver or other document; provided that any demand, authorization, direction, instruction, order, notice, consent, waiver or other document sent to U.S. Bank National Association (in any capacity hereunder) will be deemed effective only upon receipt thereof by U.S. Bank National Association; (ii) the Issuer shall be sufficient for every purpose hereunder (unless otherwise herein expressly provided) if in writing and mailed, first class postage prepaid, hand delivered, sent by overnight courier service, by electronic mail, or by facsimile in legible form, to the Issuer addressed to it at c/o NewStar Financial, Inc., 000 Xxxxxxxx Xxxxxx, Xxxxx 0000, Xxxxxx, Xxxxxxxxxxxxx 00000, Attention: Xxxxx Xxxxx, email: xxxxxxxxxx@xxxxxxxxxx.xxx, facsimile No. (000) 000-0000, or at any other address previously furnished in writing to the other parties hereto by the Issuer, with a copy to the Collateral Manager at its address below; (iii) the Collateral Manager shall be sufficient for every purpose hereunder if in writing and mailed, first class postage prepaid, hand delivered, sent by overnight courier service, by electronic mail or by facsimile in legible form, to the Collateral Manager addressed to it at c/o NewStar Financial, Inc., 000 Xxxxxxxx Xxxxxx, Xxxxx 0000, Xxxxxx, Xxxxxxxxxxxxx 00000, Attention: Xxxxx Xxxxx, email: xxxxxxxxxx@xxxxxxxxxx.xxx, facsimile No. (000) 000-0000, or at any other address previously furnished in writing to the parties hereto by the Collateral Manager; (iv) the Placement Agent shall be sufficient for every purpose hereunder if in writing and mailed, first class postage prepaid, hand delivered, sent by overnight courier service or by facsimile in legible form, addressed to Natixis Securities Americas LLC, 1251 Avenue of the Xxxxxxxx, Xxx Xxxx, Xxx Xxxx 00000, Attention: Structured Credit and Solutions Group, facsimile No. (000) 000-0000 or at any other address previously furnished in writing to the Issuer and the Trustee by the Placement Agent; (v) the Class A-R Agent shall be sufficient for every purpose hereunder if in writing to and mailed, first class postage prepaid, hand delivered, sent by overnight courier service, by electronic mail, or by facsimile in legible form, addressed c/o Natixis Securities Americas LLC, 0000 Xxxxxx xx xxx Xxxxxxxx, Xxx Xxxx, Xxx Xxxx 00000, Attention: Xxxxxx Xxxxxxxx, email: xxxxxx.xxxxxxxx@xx.xxxxxxx.xxx, with a copy to xxxxx_xxxxx@xx.xxxxxxx.xxx, facsimile No. (000) 000-0000, or at any other address previously furnished in writing to the Issuer, Collateral Manager and the Trustee by the Class A-R Agent; (vi) the Rating Agencies shall be sufficient for every purpose hereunder (unless otherwise herein expressly provided) if in writing and mailed, first class postage prepaid, hand delivered, sent by overnight courier service to each Rating Agency addressed to it at Xxxxx’x Investors Service, Inc., 0 Xxxxx Xxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000, Attention: CBO/CLO Monitoring or by email to xxxxxxxxxxxxx@xxxxxx.xxx and Standard & Poor’s, 00 Xxxxx Xxxxxx, 00xx Xxxxx, Xxx Xxxx, Xxx Xxxx 00000-0000 or by facsimile in legible form to facsimile no. (000) 000-0000, Attention: Structured Credit—CDO Surveillance or by electronic copy to XXX_Xxxxxxxxxxxx@xxxxx.xxx; provided that in respect of any application for a ratings estimate by S&P in respect of a Collateral Obligation, Information must be submitted to xxxxxxxxxxxxxxx@xxxxxxxxxxxxxxxx.xxx; (vii) the Irish Stock Exchange indicated below shall be sufficient for every purpose hereunder if made, given, furnished or filed in writing to and mailed, by certified mail, return receipt requested, hand delivered, sent by overnight courier service guaranteeing next day delivery or by facsimile or email in legible formform at the following address (or at any other address provided in writing by the relevant party): (i) the Trustee and the Collateral Administrator at the Corporate Trust Office; (ii) the Issuer at c/o the Administrator at its address below, Attention: The Directors, with a copy to the Portfolio Manager at its address below; (iii) the Co-Issuer at Xxxxxxx & Associates, 000 Xxxxxxx Xxxxxx, Xxxxx 000, Xxxxxx, Xxxxxxxx 00000, Attention: Xxxxxx X. Xxxxxxx, facsimile no. +0 (000) 000-0000, email: xxxxxxxx@xxxxxxxxxxxx.xxx; (iv) the Portfolio Manager at GoldenTree Asset Management LP, 000 Xxxx Xxxxxx, 00xx Xxxxx, Xxx Xxxx, Xxx Xxxx 00000, Attention: General Counsel, facsimile no. +0 (000) 000-0000, email: xxxxxxxx@xxxxxxxxxx.xxx and xxxxxxxxxx@xxxxxxxxxx.xxx; (v) BofA Xxxxxxx Xxxxx at Xxxxxxx Lynch, Xxxxxx, Xxxxxx & Xxxxx Incorporated, One Bryant Park, New York, New York 10036, Attention: Global Loans and Special Situations, facsimile no. +0 (000) 000-0000, email: xx.xxxx_XXX@xxxx.xxx, with a copy to Xxxxxxx Lynch, Xxxxxx, Xxxxxx & Xxxxx Incorporated, One Bryant Park, New York, New York 10036, Attention: Legal Department, facsimile no. +0 (000) 000-0000, email: xx.xxxxx_xxxxxxx_xxxxx@xxxx.xxx; (vi) a Hedge Counterparty at the address specified in the relevant Hedge Agreement; (vii) the Administrator at MaplesFS Limited, P.O. Box 1093, Boundary Hall, Cricket Square, Grand Cayman, KY1-1102, Cayman Islands, Attention: The Directors, facsimile no. +0 (000) 000-0000 (with a copy to +1 (345) (000) 000-0000), email: xxxxxx@xxxxxxxx.xxx; and (viii) the Irish Stock Exchange addressed Exchange, to it Xxxxxx and Xxxxxx as listing agent, at 00 Xxxxxxxx XxxxxxXx. Xxxxxxx’x Xxxxx, Xxxxxx 0, Xxxxxxx, facsimile no. +000-0-000-0000, email: xxxxxxxxxxxxxxxxx@xxxxxxxxxxxxxxx.xxx. (b) The parties hereto agree that all 17g-5 Information provided to Moody’s, or any of its officers, directors or employees, to be given or provided to Moody’s pursuant to, in connection with or related, directly or indirectly, to this Indenture, the Portfolio Management Agreement, the Collateral Administration Agreement, any transaction document relating hereto, the Assets or the Securities, must be provided in compliance with Section 14.16 and as follows: (i) is in writing; (ii) sent (by 12:00 p.m. New York time) on or before the date such notice or other document is due) to XXX00000Xxxxxxxxx@xxxxxxxxxxxx.xxx, or such other email address as is provided by the Collateral Administrator (the “Rule 17g-5 Address”) for Posting to the 17g-5 Website in accordance with the Collateral Administration Agreement; and (iii) sent to Moody’s at XxxxxxxxxxXxxxx@xxxxxx.xxx (or such other email address as is provided by Moody’s): (c) In the event that any provision in this Indenture calls for any notice or document to be delivered simultaneously to the Trustee and any other person or entity, the Trustee’s receipt of such notice or document shall entitle the Trustee to assume that such notice or document was delivered to such other person or entity unless otherwise expressly specified herein. (d) Notwithstanding any provision to the contrary contained herein or in any agreement or document related thereto, any report, statement or other information required to be provided by the Issuer (except information required to be provided to the Irish Stock Exchange) or the Trustee may be provided by providing access to a website containing such information. (e) The Bank, in each of its capacities under the Transaction Documents, agrees to accept and act upon instructions or directions pursuant to this Indenture sent by unsecured email, facsimile transmission or other similar unsecured electronic methods, provided, however, that any Person providing such instructions or directions shall provide to the Bank an incumbency certificate listing Persons designated to provide such instructions or directions, which incumbency certificate shall be amended whenever a Person is added or deleted from the listing. If such Person elects to give the Bank email or facsimile instructions (or instructions by a similar electronic method) and the Bank in its discretion elects to act upon such instructions, the Bank’s reasonable understanding of such instructions shall be deemed controlling. The Bank shall not be liable for any losses, costs or expenses arising directly or indirectly from the Bank’s reliance upon and compliance with such instructions notwithstanding such instructions conflicting with or being inconsistent with a subsequent written instruction. Any Person providing such instructions 130 or directions agrees to assume all risks arising out of the use of such electronic methods to submit instructions and directions to the Trustee, including without limitation the risk of the Trustee acting on unauthorized instructions, and the risk of interception and misuse by third parties.

Appears in 1 contract

Samples: Indenture

Notices, etc. to Certain Parties. (a) Any request, demand, authorization, direction, instruction, order, notice, consent, waiver or Act of Noteholders or other documents or communication provided or permitted by this Indenture to be made upon, given, e-mailed or furnished to, or filed with: (i) the Trustee shall be sufficient for every purpose hereunder if made, given, furnished or filed in writing to and mailed, by certified mail, return receipt requested, hand delivered, sent by overnight courier service guaranteeing next day delivery, by electronic mail, or by facsimile in legible form to U.S. Bank National Association, as Trustee, Xxx Xxxxxxx Xxxxxx, 0xx Xxxxx, Xxxxxx, Xxxxxxxxxxxxx 00000, Attention: NewStar Commercial Loan Funding 20132016-1 LLC (Xxxxxx XxxxxxxxxXxxx Xxxxxxx), email: xxxxxx.xxxxxxxxx@xxxxxx.xxxxxxx.xxxxxxx@xxxxxx.xxx, facsimile No. (000) 000-0000, or at any other address previously furnished in writing to the other parties hereto by the Trustee, and executed by a Responsible Officer of the entity sending such request, demand, authorization, direction, instruction, order, notice, consent, waiver or other document; provided that any demand, authorization, direction, instruction, order, notice, consent, waiver or other document sent to U.S. Bank National Association (in any capacity hereunder) will be deemed effective only upon receipt thereof by U.S. Bank National Association; (ii) the Issuer shall be sufficient for every purpose hereunder (unless otherwise herein expressly provided) if in writing and mailed, first class postage prepaid, hand delivered, sent by overnight courier service, by electronic mail, or by facsimile in legible form, to the Issuer addressed to it at c/o NewStar Financial, Inc., 000 Xxxxxxxx Xxxxxx, Xxxxx 0000, Xxxxxx, Xxxxxxxxxxxxx 00000, Attention: Xxxxx Xxxxx, email: xxxxxxxxxx@xxxxxxxxxx.xxx, facsimile No. (000) 000-0000, or at any other address previously furnished in writing to the other parties hereto by the Issuer, with a copy to the Collateral Manager at its address below; (iii) the Collateral Manager shall be sufficient for every purpose hereunder if in writing and mailed, first class postage prepaid, hand delivered, sent by overnight courier service, by electronic mail or by facsimile in legible form, to the Collateral Manager addressed to it at c/o NewStar Financial, Inc., 000 Xxxxxxxx Xxxxxx, Xxxxx 0000, Xxxxxx, Xxxxxxxxxxxxx 00000, Attention: Xxxxx Xxxxx, email: xxxxxxxxxx@xxxxxxxxxx.xxx, facsimile No. (000) 000-0000, or at any other address previously furnished in writing to the parties hereto by the Collateral Managerhereto; (iv) the Placement Agent Xxxxx Fargo Securities shall be sufficient for every purpose hereunder if in writing and mailed, first class postage prepaid, hand delivered, sent by overnight courier service or by facsimile in legible form, addressed to Natixis Securities Americas LLC000 Xxxxx Xxxxx Xxxxxx, 1251 Avenue of the XxxxxxxxCharlotte, Xxx Xxxx, Xxx Xxxx 00000North Carolina 28202, Attention: Structured Credit and Solutions GroupCorporate Debt Finance, facsimile No. (000) 000-0000 or at any other address previously furnished in writing to the Issuer and the Trustee by the Placement AgentXxxxx Fargo Securities; (v) the Class A-R Agent shall be sufficient for every purpose hereunder if in writing to and mailed, first class postage prepaid, hand delivered, sent by overnight courier service, by electronic mail, or by facsimile in legible form, addressed c/o Natixis Securities Americas LLC, 0000 Xxxxxx xx xxx Xxxxxxxx, Xxx Xxxx, Xxx Xxxx 00000, Attention: Xxxxxx Xxxxxxxx, email: xxxxxx.xxxxxxxx@xx.xxxxxxx.xxx, with a copy to xxxxx_xxxxx@xx.xxxxxxx.xxx, facsimile No. (000) 000-0000, or at any other address previously furnished in writing to the Issuer, Collateral Manager and the Trustee by the Class A-R Agent; (vi) the each Rating Agencies Agency shall be sufficient for every purpose hereunder (unless otherwise herein expressly provided) if in writing and mailed, first class postage prepaid, hand delivered, sent by overnight courier service to each Rating Agency addressed to it at at, in the case of Moody’s, Xxxxx’x Investors Service, Inc., 0 Xxxxx Xxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000, Attention: CBO/CLO Monitoring or by email to xxxxxxxxxxxxx@xxxxxx.xxx xxxxxxxxxxxxx@xxxxxx.xxx, and Standard & Poor’sin the case of Fitch, Fitch Ratings, Inc., 00 Xxxxx Xxxxxxxxx Xxxxxx, 00xx Xxxxx, Xxx Xxxx, Xxx Xxxx 00000-0000 00000 or by facsimile in legible form email to facsimile no. (000) 000-0000, Attention: Structured Credit—CDO Surveillance or by electronic copy to XXX_Xxxxxxxxxxxx@xxxxx.xxx; provided that in respect of any application for a ratings estimate by S&P in respect of a Collateral Obligation, Information must be submitted to xxxxxxxxxxxxxxx@xxxxxxxxxxxxxxxx.xxxxxx.xxxxxxxxxxxx@xxxxxxxxxxxx.xxx; (vii) the Irish Stock Exchange shall be sufficient for every purpose hereunder if made, given, furnished or filed in writing to and mailed, by certified mail, return receipt requested, hand delivered, sent by overnight courier service guaranteeing next day delivery or by facsimile in legible form, to the Irish Stock Exchange addressed to it at 00 Xxxxxxxx Xxxxxx, Xxxxxx 0, Xxxxxxx; and

Appears in 1 contract

Samples: Indenture (NewStar Financial, Inc.)

Notices, etc. to Certain Parties. (a) Any request, demand, authorization, direction, instruction, order, notice, consent, waiver or Act of Noteholders or other documents or communication provided or permitted by this Indenture to be made upon, given, e-mailed or furnished to, or filed with: (i) the Trustee shall be sufficient for every purpose hereunder if made, given, furnished or filed in writing to and mailed, by certified mail, return receipt requested, hand delivered, sent by overnight courier service guaranteeing next day delivery, by electronic mail, or by facsimile in legible form to U.S. Bank National Association, as Trustee, Xxx Xxxxxxx Xxxxxx, 0xx Xxxxx, Xxxxxx, Xxxxxxxxxxxxx 00000, Attention: NewStar Commercial Loan Funding 20132015-1 2 LLC (Xxxxxx XxxxxxxxxXxxx Xxxxxxx), email: xxxxxx.xxxxxxxxx@xxxxxx.xxxxxxx.xxxxxxx@xxxxxx.xxx, facsimile No. (000) 000-0000, or at any other address previously furnished in writing to the other parties hereto by the Trustee, and executed by a Responsible Officer of the entity sending such request, demand, authorization, direction, instruction, order, notice, consent, waiver or other document; provided that any demand, authorization, direction, instruction, order, notice, consent, waiver or other document sent to U.S. Bank National Association (in any capacity hereunder) will be deemed effective only upon receipt thereof by U.S. Bank National Association; (ii) the Issuer shall be sufficient for every purpose hereunder (unless otherwise herein expressly provided) if in writing and mailed, first class postage prepaid, hand delivered, sent by overnight courier service, by electronic mail, or by facsimile in legible form, to the Issuer addressed to it at c/o NewStar Financial, Inc., 000 Xxxxxxxx Xxxxxx, Xxxxx 0000, Xxxxxx, Xxxxxxxxxxxxx 00000, Attention: Xxxxx Xxxxx, email: xxxxxxxxxx@xxxxxxxxxx.xxx, facsimile No. (000) 000-0000, or at any other address previously furnished in writing to the other parties hereto by the Issuer, with a copy to the Collateral Manager at its address below; (iii) the Collateral Manager shall be sufficient for every purpose hereunder if in writing and mailed, first class postage prepaid, hand delivered, sent by overnight courier service, by electronic mail or by facsimile in legible form, to the Collateral Manager addressed to it at c/o NewStar Financial, Inc., 000 Xxxxxxxx Xxxxxx, Xxxxx 0000, Xxxxxx, Xxxxxxxxxxxxx 00000, Attention: Xxxxx Xxxxx, email: xxxxxxxxxx@xxxxxxxxxx.xxx, facsimile No. (000) 000-0000, or at any other address previously furnished in writing to the parties hereto by the Collateral Managerhereto; (iv) the Placement Agent Xxxxx Fargo Securities shall be sufficient for every purpose hereunder if in writing and mailed, first class postage prepaid, hand delivered, sent by overnight courier service or by facsimile in legible form, addressed to Natixis Securities Americas LLC000 Xxxxx Xxxxx Xxxxxx, 1251 Avenue of the XxxxxxxxCharlotte, Xxx Xxxx, Xxx Xxxx 00000North Carolina 28202, Attention: Structured Credit and Solutions GroupCorporate Debt Finance, facsimile No. (000) 000-0000 or at any other address previously furnished in writing to the Issuer and the Trustee by the Placement AgentXxxxx Fargo Securities; (v) the Class A-R Agent shall be sufficient for every purpose hereunder if in writing to and mailed, first class postage prepaid, hand delivered, sent by overnight courier service, by electronic mail, or by facsimile in legible form, addressed c/o Natixis Securities Americas LLC, 0000 Xxxxxx xx xxx Xxxxxxxx, Xxx Xxxx, Xxx Xxxx 00000, Attention: Xxxxxx Xxxxxxxx, email: xxxxxx.xxxxxxxx@xx.xxxxxxx.xxx, with a copy to xxxxx_xxxxx@xx.xxxxxxx.xxx, facsimile No. (000) 000-0000, or at any other address previously furnished in writing to the Issuer, Collateral Manager and the Trustee by the Class A-R Agent; (vi) the each Rating Agencies Agency shall be sufficient for every purpose hereunder (unless otherwise herein expressly provided) if in writing and mailed, first class postage prepaid, hand delivered, sent by overnight courier service to each Rating Agency addressed to it at at, in the case of Moody’s, Xxxxx’x Investors Service, Inc., 0 Xxxxx Xxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000, Attention: CBO/CLO Monitoring or by email to xxxxxxxxxxxxx@xxxxxx.xxx xxxxxxxxxxxxx@xxxxxx.xxx, and Standard & Poor’sin the case of Fitch, Fitch Ratings, Inc., 00 Xxxxx Xxxxxxxxx Xxxxxx, 00xx Xxxxx, Xxx Xxxx, Xxx Xxxx 00000-0000 00000 or by facsimile in legible form email to facsimile no. (000) 000-0000, Attention: Structured Credit—CDO Surveillance or by electronic copy to XXX_Xxxxxxxxxxxx@xxxxx.xxx; provided that in respect of any application for a ratings estimate by S&P in respect of a Collateral Obligation, Information must be submitted to xxxxxxxxxxxxxxx@xxxxxxxxxxxxxxxx.xxxxxx.xxxxxxxxxxxx@xxxxxxxxxxxx.xxx; (vii) the Irish Stock Exchange shall be sufficient for every purpose hereunder if made, given, furnished or filed in writing to and mailed, by certified mail, return receipt requested, hand delivered, sent by overnight courier service guaranteeing next day delivery or by facsimile in legible form, to the Irish Stock Exchange addressed to it at 00 Xxxxxxxx Xxxxxx, Xxxxxx 0, Xxxxxxx; and

Appears in 1 contract

Samples: Indenture (NewStar Financial, Inc.)

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Notices, etc. to Certain Parties. (a) Any request, demand, authorization, direction, instruction, order, notice, consent, waiver or Act of Noteholders Debtholders or other documents or communication provided or permitted by this Indenture to be made upon, given, e-mailed or furnished to, or filed with: (i) the Trustee and Collateral Administrator shall be sufficient for every purpose hereunder if made, given, furnished or filed in writing to and mailed, by certified mail, return receipt requested, hand delivered, sent by overnight courier service guaranteeing next day delivery, by electronic mail, or by facsimile in legible form to U.S. Bank National Association, as the Trustee, Xxx Xxxxxxx Xxxxxx, 0xx Xxxxx, Xxxxxx, Xxxxxxxxxxxxx 00000, Attention: NewStar Commercial Loan Funding 2013-1 LLC (Xxxxxx Xxxxxxxxx), email: xxxxxx.xxxxxxxxx@xxxxxx.xxx, facsimile No. (000) 000-0000addressed to it at the Corporate Trust Office, or at any other address previously furnished in writing to the other parties hereto by the Trustee, and executed by a Responsible Officer or Officer (as applicable) of the entity sending such request, demand, authorization, direction, instruction, order, notice, consent, waiver or other document; provided that any demand, authorization, direction, instruction, order, notice, consent, waiver or other document sent to U.S. the Bank National Association (in any capacity hereunder) will be deemed effective only upon receipt thereof by U.S. a Trust Officer of the Bank National Associationin such capacity; (ii) the Issuer shall be sufficient for every purpose hereunder (unless otherwise herein expressly provided) if in writing and mailed, first class postage prepaid, hand delivered, sent by overnight courier service, by electronic mail, or by facsimile in legible form, to the Issuer addressed to it at c/o NewStar FinancialHPS Corporate Lending Fund, Inc., 000 Xxxxxxxx 00 Xxxx 00xx Xxxxxx, Xxxxx 0000Xxx Xxxx, Xxxxxx, Xxxxxxxxxxxxx XX 00000, Attention: Xxxxx XxxxxGeneral Counsel, email: xxxxxxxxxx@xxxxxxxxxx.xxx, facsimile No. (000) 000-0000xxxxx-xxxxxx@xxxxxxxxxxx.xxx, or at any other address previously furnished in writing to the other parties hereto by the Issuer, with a copy to the Collateral Manager at its address below; (iii) the Collateral Manager shall be sufficient for every purpose hereunder if in writing and mailed, first class postage prepaid, hand delivered, sent by overnight courier service, by electronic mail or by facsimile in legible form, to the Collateral Manager addressed to it at c/o NewStar FinancialHPS Corporate Lending Fund, Inc., 000 Xxxxxxxx 00 Xxxx 00xx Xxxxxx, Xxxxx 0000Xxx Xxxx, Xxxxxx, Xxxxxxxxxxxxx XX 00000, Attention: Xxxxx XxxxxGeneral Counsel, email: xxxxxxxxxx@xxxxxxxxxx.xxx, facsimile No. (000) 000-0000, or at any other address previously furnished in writing to the parties hereto by the Collateral Managerxxxxx-xxxxxx@xxxxxxxxxxx.xxx; (iv) the Placement Agent shall be sufficient for every purpose hereunder if in writing and mailedInitial Purchaser, first class postage prepaid, hand delivered, sent by overnight courier service or by facsimile in legible form, addressed to Natixis Securities Americas LLC, 1251 Avenue of the Xxxxxxxx, Xxx Xxxx, Xxx Xxxx 00000, Attention: Structured Credit and Solutions Group, facsimile No. (000) 000-0000 or at any other address previously furnished in writing to the Issuer and the Trustee by the Placement Agent; (v) the Class A-R Agent shall be sufficient for every purpose hereunder if in writing to and mailed, first class postage prepaid, hand delivered, sent by overnight courier service, by electronic mail, or by facsimile in legible form, addressed c/o Natixis Securities Americas LLC, 0000 Xxxxxx xx xxx Xxxxxxxx, Xxx Xxxx, Xxx Xxxx 00000, Attention: Xxxxxx Xxxxxxxx, email: xxxxxx.xxxxxxxx@xx.xxxxxxx.xxx, with a copy to xxxxx_xxxxx@xx.xxxxxxx.xxx, facsimile No. (000) 000-0000, or at any other address previously furnished in writing to the Issuer, Collateral Manager and the Trustee by the Class A-R Agent; (vi) the Rating Agencies shall be sufficient for every purpose hereunder (unless otherwise herein expressly provided) if in writing and mailed, first class postage prepaid, hand delivered, sent by overnight courier service to each Rating Agency addressed to it at Xxxxx’x Investors Serviceservice, Inc.by electronic mail, 0 Xxxxx Xxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000, Attention: CBO/CLO Monitoring or by email to xxxxxxxxxxxxx@xxxxxx.xxx and Standard & Poor’s, 00 Xxxxx Xxxxxx, 00xx Xxxxx, Xxx Xxxx, Xxx Xxxx 00000-0000 or by facsimile in legible form form, addressed to facsimile no. (000) 000-0000it at BofA Securities, Inc., One Bryant Park, 3rd Floor, New York, New York 10036, Attention: Global Credit and Special Situations Structured Credit—CDO Surveillance Products Group, or at any other address subsequently furnished in writing to the Issuer and the Trustee; (v) S&P, (unless otherwise herein expressly provided) if submitted by electronic copy email to XXX_Xxxxxxxxxxxx@xxxxx.xxxXXX_Xxxxxxxxxxxx@xxxxxxxx.xxx; provided that (x) in respect to any request to S&P for confirmation of its Initial Rating pursuant to Section 7.18, such request must be submitted by email to XXXXxxxxxxxxXxxxXxxxxxxxxx@xxxxxxxx.xxx; (y) in respect of any application for for, or the provision of information pursuant to Sections 7.14(b) and 10.11 or information with respect to any material event described in the definition of S&P Rating in connection with, a ratings estimate by S&P in respect of a Collateral Obligation, Information must be submitted to xxxxxxxxxxxxxxx@xxxxxxxxxxxxxxxx.xxx;xxxxxxxxxxxxxxx@xxxxxxxx.xxx and (z) in respect to any request to S&P for S&P CDO Monitor cases, such request must be sent to XXXXxxxxxx@xxxxxxxx.xxx; and (viib) the Irish Stock Exchange shall If any provision herein calls for any notice or document to be sufficient for every purpose hereunder if made, given, furnished or filed in writing to and mailed, by certified mail, return receipt requested, hand delivered, sent by overnight courier service guaranteeing next day delivery or by facsimile in legible form, delivered simultaneously to the Irish Stock Exchange addressed Trustee and any other Person, the Trustee’s receipt of such notice or document shall entitle the Trustee to it at 00 Xxxxxxxx Xxxxxxassume that such notice or document was delivered to such other Person or entity unless otherwise expressly specified herein. (c) Notwithstanding any provision to the contrary contained herein or in any agreement or document related thereto, Xxxxxx 0any report, Xxxxxxx; andstatement or other information required to be provided by the Issuer or the Trustee (except information required to be provided to Euronext Dublin) may be provided by providing access to a website containing such information.

Appears in 1 contract

Samples: Indenture (HPS Corporate Lending Fund)

Notices, etc. to Certain Parties. (a) Any request, demand, authorization, direction, instruction, order, notice, consent, waiver or Act of Noteholders Debtholders or other documents or communication provided or permitted by this Indenture to be made upon, given, e-mailed or furnished to, or filed with: (i) the Trustee and Collateral Administrator shall be sufficient for every purpose hereunder if made, given, furnished or filed in writing to and mailed, by certified mail, return receipt requested, hand delivered, sent by overnight courier service guaranteeing next day delivery, by electronic mail, or by facsimile in legible form to U.S. Bank National Association, as the Trustee, Xxx Xxxxxxx Xxxxxx, 0xx Xxxxx, Xxxxxx, Xxxxxxxxxxxxx 00000, Attention: NewStar Commercial Loan Funding 2013-1 LLC (Xxxxxx Xxxxxxxxx), email: xxxxxx.xxxxxxxxx@xxxxxx.xxx, facsimile No. (000) 000-0000addressed to it at the Corporate Trust Office, or at any other address previously furnished in writing to the other parties hereto by the Trustee, and executed by a Responsible Officer or Officer (as applicable) of the entity sending such request, demand, authorization, direction, instruction, order, notice, consent, waiver or other document; provided that any demand, authorization, direction, instruction, order, notice, consent, waiver or other document sent to U.S. the Bank National Association (in any capacity hereunder) will be deemed effective only upon receipt thereof by U.S. a Trust Officer of the Bank National Associationin such capacity; (ii) the Issuer shall be sufficient for every purpose hereunder (unless otherwise herein expressly provided) if in writing and mailed, first class postage prepaid, hand delivered, sent by overnight courier service, by electronic mail, or by facsimile in legible form, to the Issuer addressed to it at c/o NewStar FinancialHPS Corporate Lending Fund, Inc., 000 Xxxxxxxx 00 Xxxx 00xx Xxxxxx, Xxxxx 0000Xxx Xxxx, Xxxxxx, Xxxxxxxxxxxxx XX 00000, Attention: Xxxxx XxxxxGeneral Counsel, email: xxxxxxxxxx@xxxxxxxxxx.xxx, facsimile No. (000) 000-0000xxxxx-xxxxxx@xxxxxxxxxxx.xxx, or at any other address previously furnished in writing to the other parties hereto by the Issuer, with a copy to the Collateral Manager at its address below; (iii) the Collateral Manager shall be sufficient for every purpose hereunder if in writing and mailed, first class postage prepaid, hand delivered, sent by overnight courier service, by electronic mail or by facsimile in legible form, to the Collateral Manager addressed to it at c/o NewStar FinancialHPS Corporate Lending Fund, Inc., 000 Xxxxxxxx 00 Xxxx 00xx Xxxxxx, Xxxxx 0000Xxx Xxxx, Xxxxxx, Xxxxxxxxxxxxx XX 00000, Attention: Xxxxx XxxxxGeneral Counsel, email: xxxxxxxxxx@xxxxxxxxxx.xxx, facsimile No. (000) 000-0000, or at any other address previously furnished in writing to the parties hereto by the Collateral Managerxxxxx-xxxxxx@xxxxxxxxxxx.xxx; (iv) the Placement Agent shall be sufficient for every purpose hereunder if in writing and mailedInitial Purchaser, first class postage prepaid, hand delivered, sent by overnight courier service or by facsimile in legible form, addressed to Natixis Securities Americas LLC, 1251 Avenue of the Xxxxxxxx, Xxx Xxxx, Xxx Xxxx 00000, Attention: Structured Credit and Solutions Group, facsimile No. (000) 000-0000 or at any other address previously furnished in writing to the Issuer and the Trustee by the Placement Agent; (v) the Class A-R Agent shall be sufficient for every purpose hereunder if in writing to and mailed, first class postage prepaid, hand delivered, sent by overnight courier service, by electronic mail, or by facsimile in legible form, addressed c/o Natixis Securities Americas LLC, 0000 Xxxxxx xx xxx Xxxxxxxx, Xxx Xxxx, Xxx Xxxx 00000, Attention: Xxxxxx Xxxxxxxx, email: xxxxxx.xxxxxxxx@xx.xxxxxxx.xxx, with a copy to xxxxx_xxxxx@xx.xxxxxxx.xxx, facsimile No. (000) 000-0000, or at any other address previously furnished in writing to the Issuer, Collateral Manager and the Trustee by the Class A-R Agent; (vi) the Rating Agencies shall be sufficient for every purpose hereunder (unless otherwise herein expressly provided) if in writing and mailed, first class postage prepaid, hand delivered, sent by overnight courier service to each Rating Agency service, by electronic mail, or by facsimile in legible form, addressed to it at Xxxxx’x Investors ServiceSG Americas Securities, Inc.LLC, 0 Xxxxx Xxxxx 000 Xxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000, Attention: CBO/CLO Monitoring Asset Backed Products, email: XX-XXX-XXXXXXX@xxxxx.xxx, or at any other address subsequently furnished in writing to the Issuer and the Trustee; (v) S&P, (unless otherwise herein expressly provided) if submitted by email to xxxxxxxxxxxxx@xxxxxx.xxx and Standard & Poor’s, 00 Xxxxx Xxxxxx, 00xx Xxxxx, Xxx Xxxx, Xxx Xxxx 00000-0000 or by facsimile in legible form to facsimile no. (000) 000-0000, Attention: Structured Credit—CDO Surveillance or by electronic copy to XXX_Xxxxxxxxxxxx@xxxxx.xxxXXX_Xxxxxxxxxxxx@xxxxxxxx.xxx; provided that (x) in respect to any request to S&P for confirmation of its Initial Rating pursuant to Section 7.18, such request must be submitted by email to XXXXxxxxxxxxXxxxXxxxxxxxxx@xxxxxxxx.xxx; (y) in respect of any application for for, or the provision of information pursuant to Sections 7.14(b) and 10.11 or information with respect to any material event described in the definition of S&P Rating in connection with, a ratings estimate by S&P in respect of a Collateral Obligation, Information must be submitted to xxxxxxxxxxxxxxx@xxxxxxxxxxxxxxxx.xxx;xxxxxxxxxxxxxxx@xxxxxxxx.xxx and (z) in respect to any request to S&P for S&P CDO Monitor cases, such request must be sent to XXXXxxxxxx@xxxxxxxx.xxx; and (viib) the Irish Stock Exchange shall If any provision herein calls for any notice or document to be sufficient for every purpose hereunder if made, given, furnished or filed in writing to and mailed, by certified mail, return receipt requested, hand delivered, sent by overnight courier service guaranteeing next day delivery or by facsimile in legible form, delivered simultaneously to the Irish Stock Exchange addressed Trustee and any other Person, the Trustee’s receipt of such notice or document shall entitle the Trustee to it at 00 Xxxxxxxx Xxxxxxassume that such notice or document was delivered to such other Person or entity unless otherwise expressly specified herein. (c) Notwithstanding any provision to the contrary contained herein or in any agreement or document related thereto, Xxxxxx 0any report, Xxxxxxx; andstatement or other information required to be provided by the Issuer or the Trustee (except information required to be provided to Euronext Dublin) may be provided by providing access to a website containing such information.

Appears in 1 contract

Samples: Indenture (HPS Corporate Lending Fund)

Notices, etc. to Certain Parties. (a) Any request, demand, authorization, direction, instruction, order, notice, consent, waiver or Act of Noteholders or other documents or communication provided or permitted by this Indenture to be made upon, given, e-mailed or furnished to, or filed with: (i) the Trustee shall be sufficient for every purpose hereunder if made, given, furnished or filed in writing to and mailed, by certified mail, return receipt requested, hand delivered, sent by overnight courier service guaranteeing next day delivery, by electronic mail, or by facsimile in legible form to U.S. Bank National Association, as Trustee, Xxx Xxxxxxx Xxxxxx, 0xx Xxxxx, Xxxxxx, Xxxxxxxxxxxxx 00000, Attention: NewStar Commercial Loan Funding 20132014-1 LLC (Xxxxxx XxxxxxxxxXxxx Xxxxxxxx), email: xxxxxx.xxxxxxxxx@xxxxxx.xxxxxxx.xxxxxxxx@xxxxxx.xxx, facsimile No. (000) 000-0000, or at any other address previously furnished in writing to the other parties hereto by the Trustee, and executed by a Responsible Officer of the entity sending such request, demand, authorization, direction, instruction, order, notice, consent, waiver or other document; provided that any demand, authorization, direction, instruction, order, notice, consent, waiver or other document sent to U.S. Bank National Association (in any capacity hereunder) will be deemed effective only upon receipt thereof by U.S. Bank National Association; (ii) the Issuer shall be sufficient for every purpose hereunder (unless otherwise herein expressly provided) if in writing and mailed, first class postage prepaid, hand delivered, sent by overnight courier service, by electronic mail, or by facsimile in legible form, to the Issuer addressed to it at c/o NewStar Financial, Inc., 000 Xxxxxxxx Xxxxxx, Xxxxx 0000, Xxxxxx, Xxxxxxxxxxxxx 00000, Attention: Xxxxx Xxxxx, email: xxxxxxxxxx@xxxxxxxxxx.xxx, facsimile No. (000) 000-0000, or at any other address previously furnished in writing to the other parties hereto by the Issuer, with a copy to the Collateral Manager at its address below; (iii) the Collateral Manager shall be sufficient for every purpose hereunder if in writing and mailed, first class postage prepaid, hand delivered, sent by overnight courier service, by electronic mail or by facsimile in legible form, to the Collateral Manager addressed to it at c/o NewStar Financial, Inc., 000 Xxxxxxxx Xxxxxx, Xxxxx 0000, Xxxxxx, Xxxxxxxxxxxxx 00000, Attention: Xxxxx Xxxxx, email: xxxxxxxxxx@xxxxxxxxxx.xxx, facsimile No. (000) 000-0000, or at any other address previously furnished in writing to the parties hereto by the Collateral Managerhereto; (iv) the Placement Agent Xxxxx Fargo Securities shall be sufficient for every purpose hereunder if in writing and mailed, first class postage prepaid, hand delivered, sent by overnight courier service or by facsimile in legible form, addressed to Natixis Securities Americas LLC000 Xxxxx Xxxxx Xxxxxx, 1251 Avenue of the XxxxxxxxCharlotte, Xxx Xxxx, Xxx Xxxx 00000North Carolina 28202, Attention: Structured Credit and Solutions GroupXxxx Xxxxxxxxx XxXxxx, facsimile No. (000) 000-0000 or at any other address previously furnished in writing to the Issuer and the Trustee by the Placement AgentXxxxx Fargo Securities; (v) the Class A-R Agent shall be sufficient for every purpose hereunder if in writing to and mailed, first class postage prepaid, hand delivered, sent by overnight courier service, by electronic mail, or by facsimile in legible form, addressed c/o Natixis Securities Americas LLC, 0000 Xxxxxx xx xxx Xxxxxxxx, Xxx Xxxx, Xxx Xxxx 00000, Attention: Xxxxxx Xxxxxxxx, email: xxxxxx.xxxxxxxx@xx.xxxxxxx.xxx, with a copy to xxxxx_xxxxx@xx.xxxxxxx.xxx, facsimile No. (000) 000-0000, or at any other address previously furnished in writing to the Issuer, Collateral Manager and the Trustee by the Class A-R Agent; (vi) the Rating Agencies Moody’s shall be sufficient for every purpose hereunder (unless otherwise herein expressly provided) if in writing and mailed, first class postage prepaid, hand delivered, sent by overnight courier service to each Rating Agency addressed to it at Xxxxx’x Investors Service, Inc., 0 Xxxxx Xxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000, Attention: CBO/CLO Monitoring or by email to xxxxxxxxxxxxx@xxxxxx.xxx and Standard & Poor’s, 00 Xxxxx Xxxxxx, 00xx Xxxxx, Xxx Xxxx, Xxx Xxxx 00000-0000 or by facsimile in legible form to facsimile no. (000) 000-0000, Attention: Structured Credit—CDO Surveillance or by electronic copy to XXX_Xxxxxxxxxxxx@xxxxx.xxx; provided that in respect of any application for a ratings estimate by S&P in respect of a Collateral Obligation, Information must be submitted to xxxxxxxxxxxxxxx@xxxxxxxxxxxxxxxx.xxxxxxxxxxxxxxxx@xxxxxx.xxx; (vii) the Irish Stock Exchange shall be sufficient for every purpose hereunder if made, given, furnished or filed in writing to and mailed, by certified mail, return receipt requested, hand delivered, sent by overnight courier service guaranteeing next day delivery or by facsimile in legible form, to the Irish Stock Exchange addressed to it at 00 Xxxxxxxx Xxxxxx, Xxxxxx 0, Xxxxxxx; and

Appears in 1 contract

Samples: Indenture (NewStar Financial, Inc.)

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