Common use of Notices, etc., to Indenture Trustee and Issuer Clause in Contracts

Notices, etc., to Indenture Trustee and Issuer. Any request, demand, authorization, direction, notice, consent, waiver or act of Noteholders or Hedge Counterparties or other documents provided or permitted by this Indenture shall be in writing and if such request, demand, authorization, direction, notice, consent, waiver or act of Noteholders or the Hedge Counterparties is to be made upon, given or furnished to or filed with: (i) the Indenture Trustee by any Noteholder, by the Issuer or by any Hedge Counterparty shall be sufficient for every purpose hereunder if made, given, furnished or filed in writing (which may be made via e-mail transmission, pdf, facsimile or overnight delivery) to or with a Responsible Officer of the Indenture Trustee at its Corporate Trust Office, or (ii) the Issuer by the Indenture Trustee, by any Noteholder or by any Hedge Counterparty shall be sufficient for every purpose hereunder if in writing and sent by facsimile or email, in each case with a copy to follow via first-class mail, postage prepaid to the Issuer addressed to: Diversified ABS Phase III LLC, at 1000 Xxxxxxxxx Xxxxx, Xxxxxxxxxx, Xxxxxxx 00000, facsimile: (000) 000-0000, email: lxxxxxxxxxx@xxxx.xxx, with copies (which shall not constitute notice) to (i) Bxxxxxxx X. Xxxxxxxx, 400 Xxxxxxx Xxxxxx, Charleston, West Virginia 25301, email: bxxxxxxxx@xxxx.xxx, and (ii) Lxxxxx & Wxxxxxx LLP, Attention: Dxxxx X. Xxxxxx, at 300 Xxxxxxxx Xxxxxx, Xxxxx 000, Xxxxxx, Xxxxx 00000, email: dxxxx.xxxxxx@xx.xxx, or, in each case, at any other address previously furnished in writing to the Indenture Trustee by the Issuer or the Manager. The Issuer shall promptly transmit any notice received by it from the Noteholders to the Indenture Trustee. (iii) the Manager by the Indenture Trustee, by any Noteholder or by any Hedge Counterparty shall be sufficient for every purpose hereunder if in writing and sent by facsimile or email, in each case with a copy to follow via first-class mail, postage prepaid to the Issuer addressed to: Diversified Production LLC, at 1000 Xxxxxxxxx Xxxxx, Xxxxxxxxxx, Xxxxxxx 00000, xxxxxxxxx: (000) 000-0000, email: lxxxxxxxxxx@xxxx.xxx, with copies (which shall not constitute notice) to (i) Bxxxxxxx X. Xxxxxxxx, 400 Xxxxxxx Xxxxxx, Charleston, West Virginia 25301, email: bxxxxxxxx@xxxx.xxx, and (ii) Lxxxxx & Wxxxxxx LLP, Attention: Dxxxx X. Xxxxxx, at 300 Xxxxxxxx Xxxxxx, Xxxxx 000, Xxxxxx, Xxxxx 00000, email: dxxxx.xxxxxx@xx.xxx, or, in each case, at any other address previously furnished in writing to the Indenture Trustee by the Manager. The Manager shall promptly transmit any notice received by it from the Noteholders to the Indenture Trustee. (iv) the Operator by the Indenture Trustee, by any Noteholder or by any Hedge Counterparty shall be sufficient for every purpose hereunder if in writing and sent by facsimile or email, in each case with a copy to follow via first-class mail, postage prepaid to the Issuer addressed to: Diversified Production LLC, at 1000 Xxxxxxxxx Xxxxx, Xxxxxxxxxx, Xxxxxxx 00000, xxxxxxxxx: (000) 000-0000, email: lxxxxxxxxxx@xxxx.xxx, with copies (which shall not constitute notice) to (i) Bxxxxxxx X. Xxxxxxxx, 400 Xxxxxxx Xxxxxx, Charleston, West Virginia 25301, email: bxxxxxxxx@xxxx.xxx, and (ii) Lxxxxx & Wxxxxxx LLP, Attention: Dxxxx X. Xxxxxx, at 300 Xxxxxxxx Xxxxxx, Xxxxx 000, Xxxxxx, Xxxxx 00000, email: dxxxx.xxxxxx@xx.xxx, or, in each case, at any other address previously furnished in writing to the Indenture Trustee by the Operator. The Operator shall promptly transmit any notice received by it from the Noteholders to the Indenture Trustee. The Issuer’s obligation to deliver or provide any demand, delivery, notice, communication or instruction to any Person shall be satisfied if such demand, delivery, notice, communication or instruction is posted to the Indenture Trustee’s investor reporting website or such other website or distribution service or provider as the Issuer shall designate by written notice to the other parties; provided, however, that any demand, delivery, notice, communication or instruction to the Indenture Trustee shall be provided at its Corporate Trust Office in accordance with Section 12.4(i) hereof. The Indenture Trustee shall promptly transmit (which may be via electronic mail) any notice received by it from the Noteholders to the Issuer, the Manager and the Hedge Counterparties.

Notices, etc., to Indenture Trustee and Issuer. Any request, demand, authorization, direction, notice, consent, waiver or act of Noteholders or Hedge Counterparties or other documents provided or permitted by this Indenture shall be in writing and if such request, demand, authorization, direction, notice, consent, waiver or act of Noteholders or the Hedge Counterparties is to be made upon, given or furnished to or filed with: (i) the Indenture Trustee by any Noteholder, by the Issuer or by any Hedge Counterparty shall be sufficient for every purpose hereunder if made, given, furnished or filed in writing (which may be made via e-mail transmission, pdf, facsimile pdf or overnight delivery) to or with a Responsible Officer of the Indenture Trustee at its Corporate Trust Office, or (ii) the Issuer by the Indenture Trustee, by any Noteholder or by any Hedge Counterparty shall be sufficient for every purpose hereunder if in writing and sent by facsimile or email, in each case with a copy to follow via first-class mail, postage prepaid to the Issuer addressed to: Diversified ABS Phase III VI LLC, at 1000 Xxxxxxxxx Xxxxx, Xxxxxxxxxx, Xxxxxxx 00000, facsimile: (000) 000-0000, email: lxxxxxxxxxx@xxxx.xxx, with copies (which shall not constitute notice) to (i) Bxxxxxxx X. Xxxxxxxx, 400 Xxxxxxx Xxxxxx, Charleston, West Virginia 25301, email: bxxxxxxxx@xxxx.xxx, and (ii) Lxxxxx & Wxxxxxx LLP, Attention: Dxxxx X. Xxxxxx, at 300 Xxxxxxxx Xxxxxx, Xxxxx 000, Xxxxxx, Xxxxx 00000, email: dxxxx.xxxxxx@xx.xxx, or, in each case, at any other address previously furnished in writing to the Indenture Trustee by the Issuer or the Manager. The Issuer shall promptly transmit any notice received by it from the Noteholders to the Indenture Trustee. (iii) the Manager by the Indenture Trustee, by any Noteholder or by any Hedge Counterparty shall be sufficient for every purpose hereunder if in writing and sent by facsimile or email, in each case with a copy to follow via first-class mail, postage prepaid to the Issuer addressed to: Diversified Production LLC, at 1000 Xxxxxxxxx Xxxxx, Xxxxxxxxxx, Xxxxxxx 00000, xxxxxxxxx: (000) 000-0000, email: lxxxxxxxxxx@xxxx.xxx, with copies (which shall not constitute notice) to (i) Bxxxxxxx X. Xxxxxxxx, 400 Xxxxxxx Xxxxxx, Charleston, West Virginia 25301, email: bxxxxxxxx@xxxx.xxx, and (ii) Lxxxxx & Wxxxxxx LLP, Attention: Dxxxx X. Xxxxxx, at 300 Xxxxxxxx Xxxxxx, Xxxxx 000, Xxxxxx, Xxxxx 00000, email: dxxxx.xxxxxx@xx.xxx, or, in each case, at any other address previously furnished in writing to the Indenture Trustee by the Manager. The Manager shall promptly transmit any notice received by it from the Noteholders to the Indenture Trustee. (iv) the Operator by the Indenture Trustee, by any Noteholder or by any Hedge Counterparty shall be sufficient for every purpose hereunder if in writing and sent by facsimile or email, in each case with a copy to follow via first-class mail, postage prepaid to the Issuer addressed to: Diversified Production LLC, at 1000 Xxxxxxxxx Xxxxx, Xxxxxxxxxx, Xxxxxxx 00000, xxxxxxxxx: (000) 000-0000, email: lxxxxxxxxxx@xxxx.xxx, with copies (which shall not constitute notice) to (i) Bxxxxxxx X. Xxxxxxxx, 400 Xxxxxxx Xxxxxx, Charleston, West Virginia 25301, email: bxxxxxxxx@xxxx.xxx, and (ii) Lxxxxx & Wxxxxxx LLP, Attention: Dxxxx X. Xxxxxx, at 300 Xxxxxxxx Xxxxxx, Xxxxx 000, Xxxxxx, Xxxxx 00000, email: dxxxx.xxxxxx@xx.xxx, or, in each case, at any other address previously furnished in writing to the Indenture Trustee by the Operator. The Operator shall promptly transmit any notice received by it from the Noteholders to the Indenture Trustee. (v) OCM by the Issuer, by the Indenture Trustee or by any Noteholder shall be sufficient for every purpose hereunder if in writing and sent by facsimile or email, in each case with a copy to follow via first-class mail, postage prepaid to OCM addressed to: OCM Denali Holdings, LLC, c/o Oaktree Capital Management, Attention: Rxxxxx XxXxxxx; Rxxx Xxxxxxxxx, at 300 Xxxxx Xxxxx Xxxxxx, 00xx Xxxxx, Xxx Xxxxxxx, Xxxxxxxxxx 00000, email: rxxxxxxx@xxxxxxxxxxxxxx.xxx and rxxxxxxxxx@xxxxxxxxxxxxxx.xxx, with copies (which shall not constitute notice) to Gxxxxx, Dxxx & Cxxxxxxx LLP, Attention: Mxxxxxx De Vxx Xxxxxx, at 800 Xxxx Xxxxxx, Xxxxx 0000, Xxxxxxx, Xxxxx 00000, email: mxxxxxx@xxxxxxxxxx.xxx, or, in each case, at any other address previously furnished in writing to the Indenture Trustee by OCM. The Issuer’s obligation to deliver or provide any demand, delivery, notice, communication or instruction to any Person shall be satisfied if such demand, delivery, notice, communication or instruction is posted to the Indenture Trustee’s investor reporting website or such other website or distribution service or provider as the Issuer shall designate by written notice to the other parties; provided, however, that any demand, delivery, notice, communication or instruction to the Indenture Trustee shall be provided at its Corporate Trust Office in accordance with Section 12.4(i) hereof. The Indenture Trustee shall promptly transmit (which may be via electronic mail) any material notice received by it from the Noteholders to the Issuer, the Manager and the Hedge Counterparties.

Notices, etc., to Indenture Trustee and Issuer. Any request, demand, demands authorization, direction, notice, consent, waiver or act Act of Noteholders or Hedge Counterparties or other documents provided or permitted by this Indenture shall be in writing and if such request, demand, authorization, direction, notice, consent, waiver or act of Noteholders or the Hedge Counterparties is to be made upon, given or furnished to to, or filed with: (ia) the Indenture Trustee by any Noteholder, Noteholder or by the Issuer or by any Hedge Counterparty shall be sufficient for every purpose hereunder if made, given, furnished or filed in writing (which may be made via e-mail transmission, pdf, facsimile or overnight delivery) to or with a Responsible Officer of the Indenture Trustee at its Corporate Trust Office, or (ii) the Issuer by the Indenture Trustee, by any Noteholder or by any Hedge Counterparty shall be sufficient for every purpose hereunder if in writing and sent made, given, furnished or filed and received by facsimile the Indenture Trustee at its Corporate Trust Office; or (b) the Issuer by the Indenture Trustee or emailby any Noteholder shall be sufficient for every purpose hereunder (except as provided in Section 5.01 (c) and (d)) hereof if in writing and mailed, in each case with a copy to follow via first-class mailpostage prepaid, postage prepaid to the Issuer addressed to: Diversified ABS Phase III LLCto it at Accredited Mortgage Loan Trust 2005-4, at 1000 Xxxxxxxxx Xxxxxin care of U.S. Bank Trust National Association, Xxxxxxxxxx, Xxxxxxx 00000, facsimile: (000) 000-0000, email: lxxxxxxxxxx@xxxx.xxx, with copies (which shall not constitute notice) to (i) Bxxxxxxx X. Xxxxxxxx, 400 Xxxxxxx Xxxxxx, Charleston, West Virginia 25301, email: bxxxxxxxx@xxxx.xxx, and (ii) Lxxxxx & Wxxxxxx LLP, Attention: Dxxxx X. Xxxxxx, at 300 Xxxxxxxx 000 Xxxxx XxXxxxx Xxxxxx, Xxxxx 000, XxxxxxXxxxxxx, Xxxxx Xxxxxxxx 00000, emailAttention: dxxxx.xxxxxx@xx.xxxCorporate Trust Administration, or, in each case, or at any other address previously furnished in writing to the Indenture Trustee by the Issuer or the Manager. The Issuer shall promptly transmit any notice received by it from the Noteholders to the Indenture Trustee.Trust; or (iiic) the Manager Sponsor by the Indenture Trustee, Trustee or by any Noteholder or by any Hedge Counterparty shall be sufficient for every purpose hereunder if in writing and sent by facsimile or emailmailed, in each case with a copy to follow via first-class mailclass, postage prepaid paid, to the Issuer addressed to: Diversified Production LLCAccredited Home Lenders, at 1000 Xxxxxxxxx Inc., 00000 Xxxxxx xx Xxxxxxx, Xxx Xxxxx, Xxxxxxxxxx, Xxxxxxx 00000, xxxxxxxxx: (000) 000-0000, email: lxxxxxxxxxx@xxxx.xxx, with copies (which shall not constitute notice) to (i) Bxxxxxxx X. Xxxxxxxx, 400 Xxxxxxx Xxxxxx, Charleston, West Virginia 25301, email: bxxxxxxxx@xxxx.xxx, and (ii) Lxxxxx & Wxxxxxx LLP, Attention: Dxxxx X. XxxxxxCorporate Trust Administration, at 300 Xxxxxxxx Xxxxxx, Xxxxx 000, Xxxxxx, Xxxxx 00000, email: dxxxx.xxxxxx@xx.xxx, or, in each case, or at any other address previously furnished in writing to the Indenture Trustee by the Manager. The Manager shall promptly transmit any notice received by it from the Noteholders to the Indenture Trustee.Sponsor; or (ivd) the Operator Servicer by the Indenture Trustee, Trustee or by any Noteholder or by any Hedge Counterparty shall be sufficient for every purpose hereunder if in writing and sent by facsimile or emailmailed, in each case with a copy to follow via first-class mailclass, postage prepaid paid, to the Issuer addressed to: Diversified Production LLCAccredited Home Lenders, at 1000 Xxxxxxxxx Inc., 00000 Xxxxxx xx Xxxxxxx, Xxx Xxxxx, Xxxxxxxxxx, Xxxxxxx Xxxxxxxxxx 00000, xxxxxxxxx: (000) 000-0000, email: lxxxxxxxxxx@xxxx.xxx, with copies (which shall not constitute notice) to (i) Bxxxxxxx X. Xxxxxxxx, 400 Xxxxxxx Xxxxxx, Charleston, West Virginia 25301, email: bxxxxxxxx@xxxx.xxx, and (ii) Lxxxxx & Wxxxxxx LLP, Attention: Dxxxx X. Xxxxxx, at 300 Xxxxxxxx Xxxxxx, Xxxxx 000, Xxxxxx, Xxxxx 00000, email: dxxxx.xxxxxx@xx.xxx, or, in each case, Corporate Trust Administration or at any other address previously furnished in writing to the Indenture Trustee by the Operator. The Operator Servicer; or (e) the Depositor by the Indenture Trustee or by any Noteholder shall promptly transmit be sufficient for every purpose hereunder if in writing and mailed, first-class, postage paid, to Accredited Home Lenders, Inc., 00000 Xxxxxx xx Xxxxxxx, Xxx Xxxxx, Xxxxxxxxxx 00000, Attention: Corporate Trust Administration or at any notice received by it from the Noteholders other address previously furnished in writing to the Indenture Trustee. The Issuer’s obligation to deliver Trustee by the Depositor; or (f) the Underwriter by any party or provide by any demand, delivery, notice, communication or instruction to any Person Noteholder shall be satisfied sufficient for every purpose hereunder if such demandin writing and mailed, deliveryfirst-class, noticepostage prepaid, communication to Xxxxxxx, Xxxxx & Co., 00 Xxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000, or instruction is posted at any other address previously furnished in writing to the Indenture TrusteeTrustee by the Underwriter; or (g) the Swap Provider by the Indenture Trustee or by any Noteholder shall be sufficient for every purpose hereunder if in writing and mailed, first-class, postage paid, to Barclays Bank PLC, 000 Xxxx Xxxxxx, 0xx Xxxxx, Xxx Xxxx, XX 00000, Attention: General Counsel, or at any other address previously furnished in writing to the Indenture Trustee by the Swap Provider. Notices required to be given to the Rating Agencies by the Issuer or the Indenture Trustee shall be in writing, personally delivered or mailed first-class postage pre-paid, to (i) in the case of Moody’s, at the following address: Xxxxx’x Investors Service, Inc., XXXX Xxxxxxxxxx Xxxxxxxxxx, 0xx Xxxxx, 00 Xxxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000, (ii) in the case of S&P, at the following address: Standard & Poor’s investor reporting website Ratings Services, a division of The XxXxxx-Xxxx Companies, Inc., 00 Xxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx, 00000, Attention: Asset-Backed Surveillance Department and (iii) in the case of Dominion, at the following address: Dominion Bond Rating Service, 00 Xxxxxxxx, 00xx Xxxxx, Xxx Xxxx, Xxx Xxxx 00000; or as to each of the foregoing, at such other website or distribution service or provider address as the Issuer shall designate be designed by written notice to the other parties; provided, however, that any demand, delivery, notice, communication or instruction to the Indenture Trustee shall be provided at its Corporate Trust Office in accordance with Section 12.4(i) hereof. The Indenture Trustee shall promptly transmit (which may be via electronic mail) any notice received by it from the Noteholders to the Issuer, the Manager and the Hedge Counterparties.

Notices, etc., to Indenture Trustee and Issuer. Any request, demand, authorization, direction, notice, consent, waiver or act of Noteholders or Hedge Counterparties or other documents provided or permitted by this Indenture shall be in writing and if such request, demand, authorization, direction, notice, consent, waiver or act of Noteholders or the Hedge Counterparties is to be made upon, given or furnished to or filed with: (i) the Indenture Trustee by any Noteholder, by the Issuer or by any Hedge Counterparty shall be sufficient for every purpose hereunder if made, given, furnished or filed in writing (which may be made via e-mail transmission, pdf, facsimile or overnight delivery) to or with a Responsible Officer of the Indenture Trustee at its Corporate Trust Office, or (ii) the Issuer by the Indenture Trustee, by any Noteholder or by any Hedge Counterparty shall be sufficient for every purpose hereunder if in writing and sent by facsimile or email, in each case with a copy to follow via first-class mail, postage prepaid to the Issuer addressed to: Diversified ABS Phase III Alpine Summit Funding LLC, at 1000 Xxxxxxxxx Xxxxx, Xxxxxxxxxx, Xxxxxxx 00000, facsimile: (000) 000-0000, email: lxxxxxxxxxx@xxxx.xxx, with copies (which shall not constitute notice) to (i) Bxxxxxxx X. Xxxxxxxx, 400 Xxxxxxx Xxxxxx, Charleston, West Virginia 25301, email: bxxxxxxxx@xxxx.xxx, and (ii) Lxxxxx & Wxxxxxx LLP, Attention: Dxxxx X. Xxxxxx, at 300 Xxxxxxxx 0000 Xxxx Xxx Xxxxxx, Xxxxx 000, XxxxxxXxxxxxxxx, Xxxxx XX 00000, email: dxxxx.xxxxxx@xx.xxxwith a copy to Alpine Summit Funding LLC, orat 0000 Xxxx Xxx Xxxxxx, in each caseXxxxx 000, Xxxxxxxxx, XX 00000, email: , or at any other address previously furnished in writing to the Indenture Trustee by the Issuer or the Manager. The Issuer shall promptly transmit any notice received by it from the Noteholders to the Indenture Trustee. (iii) the Manager by the Indenture Trustee, by any Noteholder or by any Hedge Counterparty shall be sufficient for every purpose hereunder if in writing and sent by facsimile or email, in each case with a copy to follow via first-class mail, postage prepaid to the Issuer addressed to: Diversified Production LLC, at 1000 Xxxxxxxxx Xxxxx, Xxxxxxxxxx, Xxxxxxx 00000, xxxxxxxxx: (000) 000-0000, email: lxxxxxxxxxx@xxxx.xxx, with copies (which shall not constitute notice) to (i) Bxxxxxxx X. Xxxxxxxx, 400 Xxxxxxx Xxxxxx, Charleston, West Virginia 25301, email: bxxxxxxxx@xxxx.xxx, and (ii) Lxxxxx & Wxxxxxx LLP, Attention: Dxxxx X. Xxxxxx, at 300 Xxxxxxxx Xxxxxx, Xxxxx 000, Xxxxxx, Xxxxx 00000, email: dxxxx.xxxxxx@xx.xxx, or, in each case, at any other address previously furnished in writing to the Indenture Trustee by the Manager. The Manager shall promptly transmit any notice received by it from the Noteholders to the Indenture Trustee. (iv) the Operator by the Indenture TrusteeIssuer, by any Noteholder or by any Hedge Counterparty shall be sufficient for every purpose hereunder if in writing and sent by facsimile or email, in each case with a copy to follow via first-class mail, postage prepaid to the Issuer Manager addressed to: Diversified Production HB2 Origination, LLC, at 1000 Xxxxxxxxx Xxxxx, Xxxxxxxxxx, Xxxxxxx 00000, xxxxxxxxx: (000) 000-0000, email: lxxxxxxxxxx@xxxx.xxx, with copies (which shall not constitute notice) to (i) Bxxxxxxx X. Xxxxxxxx, 400 Xxxxxxx Xxxxxx, Charleston, West Virginia 25301, email: bxxxxxxxx@xxxx.xxx, and (ii) Lxxxxx & Wxxxxxx LLP, Attention: Dxxxx X. Xxxxxx, at 300 Xxxxxxxx 0000 Xxxx Xxx Xxxxxx, Xxxxx 000, XxxxxxXxxxxxxxx, Xxxxx XX 00000, email: dxxxx.xxxxxx@xx.xxx, orwith a copy to HB2 Origination, in each caseLLC, at 0000 Xxxx Xxx Xxxxxx, Xxxxx 000, Xxxxxxxxx, XX 00000, email: , or at any other address previously furnished in writing to the Indenture Trustee by the OperatorManager. The Operator Manager shall promptly transmit any notice received by it from the Noteholders to the Indenture Trustee. (iv) either Operator by the Indenture Trustee, by the Issuer, by any Noteholder or by any Hedge Counterparty shall be sufficient for every purpose hereunder if in writing and sent by facsimile or email, in each case with a copy to follow via first-class mail, postage prepaid to such Operator addressed to: c/o Ironroc Energy Partners LLC, at 0000 Xxxxxxxxxx Xxxxxx Xxxx, Xxxxx 0000, Xxx Xxxxxxxxx, XX, 00000, email: , with a copy to Ironroc Energy Partners LLC, at 0000 Xxxxxxxxxx Xxxxxx Xxxx, Xxxxx 0000, Xxx Xxxxxxxxx, XX, 00000, email: , or at any other address previously furnished in writing to the Indenture Trustee by such Operator. The Operators shall promptly transmit any notice received by them from the Noteholders to the Indenture Trustee. The Issuer’s 's obligation to deliver or provide any demand, delivery, notice, communication or instruction to any Person shall be satisfied if by the Issuer making such demand, delivery, notice, communication or instruction is posted to the Indenture Trustee’s 's investor reporting website website, or such other website or distribution service or provider as the Issuer shall designate by written notice to the other parties; provided, however, provided however that any demand, delivery, notice, communication or instruction to the Indenture Trustee shall be provided at its Corporate Trust Office in accordance with Section 12.4(i12.04(i) hereof. The Indenture Trustee shall may promptly transmit (which may be via electronic mail) any notice received by it from the Noteholders to the Issuer, the Manager and the Hedge Counterparties.

Notices, etc., to Indenture Trustee and Issuer. Any request, demand, demands authorization, direction, notice, consent, waiver or act Act of Noteholders or Hedge Counterparties or other documents provided or permitted by this Indenture shall be in writing and if such request, demand, authorization, direction, notice, consent, waiver or act of Noteholders or the Hedge Counterparties is to be made upon, given or furnished to to, or filed with: (ia) the Indenture Trustee by any Noteholder, Noteholder or by the Issuer or by any Hedge Counterparty shall be sufficient for every purpose hereunder if made, given, furnished or filed in writing (which may be made via e-mail transmission, pdf, facsimile or overnight delivery) to or with a Responsible Officer of the Indenture Trustee at its Corporate Trust Office, or (ii) the Issuer by the Indenture Trustee, by any Noteholder or by any Hedge Counterparty shall be sufficient for every purpose hereunder if in writing and sent made, given, furnished or filed and received by facsimile the Indenture Trustee at its Corporate Trust Office; or (b) the Issuer by the Indenture Trustee or emailby any Noteholder shall be sufficient for every purpose hereunder (except as provided in Section 5.01 (c) and (d)) hereof if in writing and mailed, in each case with a copy to follow via first-class mailpostage prepaid, postage prepaid to the Issuer addressed to: Diversified ABS Phase III LLCto it at Accredited Mortgage Loan Trust 2005-3, at 1000 Xxxxxxxxx Xxxxxin care of U.S. Bank Trust National Association, Xxxxxxxxxx, Xxxxxxx 00000, facsimile: (000) 000-0000, email: lxxxxxxxxxx@xxxx.xxx, with copies (which shall not constitute notice) to (i) Bxxxxxxx X. Xxxxxxxx, 400 Xxxxxxx Xxxxxx, Charleston, West Virginia 25301, email: bxxxxxxxx@xxxx.xxx, and (ii) Lxxxxx & Wxxxxxx LLP, Attention: Dxxxx X. Xxxxxx, at 300 Xxxxxxxx 000 Xxxxx XxXxxxx Xxxxxx, Xxxxx 000, XxxxxxXxxxxxx, Xxxxx Xxxxxxxx 00000, emailAttention: dxxxx.xxxxxx@xx.xxxCorporate Trust Administration, or, in each case, or at any other address previously furnished in writing to the Indenture Trustee by the Issuer or the Manager. The Issuer shall promptly transmit any notice received by it from the Noteholders to the Indenture Trustee.Trust; or (iiic) the Manager Sponsor by the Indenture Trustee, Trustee or by any Noteholder or by any Hedge Counterparty shall be sufficient for every purpose hereunder if in writing and sent by facsimile or emailmailed, in each case with a copy to follow via first-class mailclass, postage prepaid paid, to the Issuer addressed to: Diversified Production LLCAccredited Home Lenders, at 1000 Xxxxxxxxx Inc., 00000 Xxxxxx xx Xxxxxxx, Xxx Xxxxx, Xxxxxxxxxx, Xxxxxxx 00000, xxxxxxxxx: (000) 000-0000, email: lxxxxxxxxxx@xxxx.xxx, with copies (which shall not constitute notice) to (i) Bxxxxxxx X. Xxxxxxxx, 400 Xxxxxxx Xxxxxx, Charleston, West Virginia 25301, email: bxxxxxxxx@xxxx.xxx, and (ii) Lxxxxx & Wxxxxxx LLP, Attention: Dxxxx X. XxxxxxCorporate Trust Administration, at 300 Xxxxxxxx Xxxxxx, Xxxxx 000, Xxxxxx, Xxxxx 00000, email: dxxxx.xxxxxx@xx.xxx, or, in each case, or at any other address previously furnished in writing to the Indenture Trustee by the Manager. The Manager shall promptly transmit any notice received by it from the Noteholders to the Indenture Trustee.Sponsor; or (ivd) the Operator Servicer by the Indenture Trustee, Trustee or by any Noteholder or by any Hedge Counterparty shall be sufficient for every purpose hereunder if in writing and sent by facsimile or emailmailed, in each case with a copy to follow via first-class mailclass, postage prepaid paid, to the Issuer addressed to: Diversified Production LLCAccredited Home Lenders, at 1000 Xxxxxxxxx Inc., 00000 Xxxxxx xx Xxxxxxx, Xxx Xxxxx, Xxxxxxxxxx, Xxxxxxx Xxxxxxxxxx 00000, xxxxxxxxx: (000) 000-0000, email: lxxxxxxxxxx@xxxx.xxx, with copies (which shall not constitute notice) to (i) Bxxxxxxx X. Xxxxxxxx, 400 Xxxxxxx Xxxxxx, Charleston, West Virginia 25301, email: bxxxxxxxx@xxxx.xxx, and (ii) Lxxxxx & Wxxxxxx LLP, Attention: Dxxxx X. Xxxxxx, at 300 Xxxxxxxx Xxxxxx, Xxxxx 000, Xxxxxx, Xxxxx 00000, email: dxxxx.xxxxxx@xx.xxx, or, in each case, Corporate Trust Administration or at any other address previously furnished in writing to the Indenture Trustee by the Operator. The Operator Servicer; or (e) the Depositor by the Indenture Trustee or by any Noteholder shall promptly transmit be sufficient for every purpose hereunder if in writing and mailed, first-class, postage paid, to Accredited Home Lenders, Inc., 00000 Xxxxxx xx Xxxxxxx, Xxx Xxxxx, Xxxxxxxxxx 00000, Attention: Corporate Trust Administration or at any notice received by it from the Noteholders other address previously furnished in writing to the Indenture Trustee. The Issuer’s obligation to deliver Trustee by the Depositor; or (f) the Underwriter by any party or provide by any demand, delivery, notice, communication or instruction to any Person Noteholder shall be satisfied sufficient for every purpose hereunder if such demandin writing and mailed, deliveryfirst-class, noticepostage prepaid, communication to Xxxxxx Xxxxxxx & Co. Incorporated, 0000 Xxxxxxxx, Xxx Xxxx, Xxx Xxxx 00000, Attention: Xxxxx Xxxxxxx, or instruction is posted at any other address previously furnished in writing to the Indenture TrusteeTrustee by the Underwriter; or (g) the Swap Provider by the Indenture Trustee or by any Noteholder shall be sufficient for every purpose hereunder if in writing and mailed, first-class, postage paid, to Swiss Re Financial Products Corporation, 00 Xxxx 00xx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000, or at any other address previously furnished in writing to the Indenture Trustee by the Swap Provider. Notices required to be given to the Rating Agencies by the Issuer or the Indenture Trustee shall be in writing, personally delivered or mailed first-class postage pre-paid, to (i) in the case of Moody’s, at the following address: Xxxxx’x Investors Service, Inc., XXXX Xxxxxxxxxx Xxxxxxxxxx, 0xx Xxxxx, 00 Xxxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000, (ii) in the case of S&P, at the following address: Standard & Poor’s investor reporting website Ratings Services, a division of The XxXxxx-Xxxx Companies, Inc., 00 Xxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx, 00000, Attention: Asset-Backed Surveillance Department and (iii) in the case of Dominion, at the following address: Dominion Bond Rating Service, Inc., 00 Xxxxxxxx, 00xx Xxxxx, Xxx Xxxx, Xxx Xxxx 00000; or as to each of the foregoing, at such other website or distribution service or provider address as the Issuer shall designate be designed by written notice to the other parties; provided, however, that any demand, delivery, notice, communication or instruction to the Indenture Trustee shall be provided at its Corporate Trust Office in accordance with Section 12.4(i) hereof. The Indenture Trustee shall promptly transmit (which may be via electronic mail) any notice received by it from the Noteholders to the Issuer, the Manager and the Hedge Counterparties.

Notices, etc., to Indenture Trustee and Issuer. Any request, demand, authorization, direction, notice, consent, waiver or act of Noteholders or Hedge Counterparties or other documents provided or permitted by this Indenture shall be in writing and if such request, demand, authorization, direction, notice, consent, waiver or act of Noteholders or the Hedge Counterparties is to be made upon, given or furnished to or filed with: (i) the Indenture Trustee by any Noteholder, by the Issuer or by any Hedge Counterparty shall be sufficient for every purpose hereunder if made, given, furnished or filed in writing (which may be made via e-mail transmission, pdf, facsimile pdf or overnight delivery) to or with a Responsible Officer of the Indenture Trustee at its Corporate Trust Office, or (ii) the Issuer by the Indenture Trustee, by any Noteholder or by any Hedge Counterparty shall be sufficient for every purpose hereunder if in writing and sent by facsimile or email, in each case with a copy to follow via first-class mail, postage prepaid to the Issuer addressed to: Diversified ABS Phase III DP Lion Holdco LLC, at 1000 Xxxxxxxxx Xxxxx, Xxxxxxxxxx, Xxxxxxx 00000, facsimilexxxxxxxxx: (000) 000-0000, email: lxxxxxxxxxx@xxxx.xxx, with copies (which shall not constitute notice) to (i) Bxxxxxxx X. Xxxxxxxx, 400 Xxxxxxx Xxxxxx, Charleston, West Virginia 25301, email: bxxxxxxxx@xxxx.xxx, and (ii) Lxxxxx & Wxxxxxx LLP, Attention: Dxxxx X. Xxxxxx, at 300 Xxxxxxxx Xxxxxx, Xxxxx 0000000, Xxxxxx, Xxxxx 00000, email: dxxxx.xxxxxx@xx.xxx, or, in each case, at any other address previously furnished in writing to the Indenture Trustee by the Issuer or the Manager. The Issuer shall promptly transmit any notice received by it from the Noteholders to the Indenture Trustee. (iii) the Manager by the Indenture Trustee, by any Noteholder or by any Hedge Counterparty shall be sufficient for every purpose hereunder if in writing and sent by facsimile or email, in each case with a copy to follow via first-class mail, postage prepaid to the Issuer addressed to: Diversified Production LLC, at 1000 Xxxxxxxxx Xxxxx, Xxxxxxxxxx, Xxxxxxx 00000, xxxxxxxxx: (000) 000-0000, email: lxxxxxxxxxx@xxxx.xxx, with copies (which shall not constitute notice) to (i) Bxxxxxxx X. Xxxxxxxx, 400 Xxxxxxx Xxxxxx, Charleston, West Virginia 25301, email: bxxxxxxxx@xxxx.xxx, and (ii) Lxxxxx & Wxxxxxx LLP, Attention: Dxxxx X. Xxxxxx, at 300 Xxxxxxxx Xxxxxx, Xxxxx 0000000, Xxxxxx, Xxxxx 00000, email: dxxxx.xxxxxx@xx.xxx, or, in each case, at any other address previously furnished in writing to the Indenture Trustee by the Manager. The Manager shall promptly transmit any notice received by it from the Noteholders to the Indenture Trustee. (iv) the Operator by the Indenture Trustee, by any Noteholder or by any Hedge Counterparty shall be sufficient for every purpose hereunder if in writing and sent by facsimile or email, in each case with a copy to follow via first-class mail, postage prepaid to the Issuer addressed to: Diversified Production LLC, at 1000 Xxxxxxxxx Xxxxx, Xxxxxxxxxx, Xxxxxxx 00000, xxxxxxxxx: (000) 000-0000, email: lxxxxxxxxxx@xxxx.xxx, with copies (which shall not constitute notice) to (i) Bxxxxxxx X. Xxxxxxxx, 400 Xxxxxxx Xxxxxx, Charleston, West Virginia 25301, email: bxxxxxxxx@xxxx.xxx, and (ii) Lxxxxx & Wxxxxxx LLP, Attention: Dxxxx X. Xxxxxx, at 300 Xxxxxxxx Xxxxxx, Xxxxx 0000000, Xxxxxx, Xxxxx 00000, email: dxxxx.xxxxxx@xx.xxx, or, in each case, at any other address previously furnished in writing to the Indenture Trustee by the Operator. The Operator shall promptly transmit any notice received by it from the Noteholders to the Indenture Trustee. The Issuer’s obligation to deliver or provide any demand, delivery, notice, communication or instruction to any Person shall be satisfied if such demand, delivery, notice, communication or instruction is posted to the Indenture Trustee’s investor reporting website or such other website or distribution service or provider as the Issuer shall designate by written notice to the other parties; provided, however, that any demand, delivery, notice, communication or instruction to the Indenture Trustee shall be provided at its Corporate Trust Office in accordance with Section 12.4(i) hereof. The Indenture Trustee shall promptly transmit (which may be via electronic mail) any written notice or material communication received by it from the Noteholders to the Issuer, the Manager and the Hedge Counterparties.

Notices, etc., to Indenture Trustee and Issuer. Any request, demand, authorization, direction, notice, consent, waiver or act Act of Noteholders or Hedge Counterparties or other documents provided or permitted by this Indenture shall be in writing and if such request, demand, authorization, direction, notice, consent, waiver or act of Noteholders or the Hedge Counterparties is to be made upon, given or furnished to to, or filed with: (ia) the Indenture Trustee by any Noteholder, Noteholder or by the Issuer or by any Hedge Counterparty shall be sufficient for every purpose hereunder if made, given, furnished or filed in writing to a Responsible Officer, by facsimile transmission (which may be made with a copy to follow via e-mail transmission, pdf, facsimile overnight courier) or overnight delivery) by other means acceptable to the Indenture Trustee to or with a Responsible Officer of the Indenture Trustee at its Corporate Trust Office, ; or (iib) the Issuer by the Indenture Trustee, Trustee or by any Noteholder or by any Hedge Counterparty shall be sufficient for every purpose hereunder if in writing and sent by facsimile or emailmailed, in each case with a copy to follow via first-class mailpostage prepaid, postage prepaid to the Issuer addressed toto it at Fortiva Retail Credit Master Note Business Trust, c/o Wilmington Trust, National Association, 0000 Xxxxxx Xxxxxx Parkway, Suite 250, Las Vegas, Nevada 89169, Attention: Diversified ABS Phase III LLC, at 1000 Xxxxxxxxx Xxxxx, Xxxxxxxxxx, Xxxxxxx 00000, facsimileCorporate Trust Administration (facsimile no.: (000) 000-0000, email: lxxxxxxxxxx@xxxx.xxx, with copies (which shall not constitute notice) to (i) Bxxxxxxx X. Xxxxxxxx, 400 Xxxxxxx Xxxxxx, Charleston, West Virginia 25301, email: bxxxxxxxx@xxxx.xxx, and (ii) Lxxxxx & Wxxxxxx LLP, Attention: Dxxxx X. Xxxxxx, at 300 Xxxxxxxx Xxxxxx, Xxxxx 000, Xxxxxx, Xxxxx 00000, email: dxxxx.xxxxxx@xx.xxx, or, in each case, or at any other address previously furnished in writing to the Indenture Trustee by the Issuer. A copy of each notice to the Issuer or shall be sent in writing and mailed, first-class postage prepaid, to the ManagerAdministrator at Access Financing, LLC, 0 Xxxxxxxxx Xxxxxxx, Xxxxx 000, Xxxxxxx, Xxxxxxx 00000, Attention: General Counsel. The Issuer shall promptly transmit any notice received by it from the Noteholders to the Indenture Trustee.; or (iiic) the Manager by the Indenture TrusteeKBRA, by any Noteholder or by any Hedge Counterparty shall be sufficient for every purpose hereunder if in writing and sent by facsimile or emailto KBRA at Xxxxx Bond Rating Agency, in each case with a copy to follow via first-class mailInc., postage prepaid to the Issuer addressed to: Diversified Production LLC000 Xxxxx Xxxxxx, at 1000 Xxxxxxxxx 00xx Xxxxx, XxxxxxxxxxXxx Xxxx, Xxxxxxx XX 00000, xxxxxxxxx: (000) 000-0000, email: lxxxxxxxxxx@xxxx.xxx, with copies (which shall not constitute notice) to (i) Bxxxxxxx X. Xxxxxxxx, 400 Xxxxxxx Xxxxxx, Charleston, West Virginia 25301, email: bxxxxxxxx@xxxx.xxx, and (ii) Lxxxxx & Wxxxxxx LLP, Attention: Dxxxx X. Xxxxxx, at 300 Xxxxxxxx Xxxxxx, Xxxxx 000, Xxxxxx, Xxxxx 00000, ABS Surveillance (email: dxxxx.xxxxxx@xx.xxx, or, in each case, at any other address previously furnished in writing to the Indenture Trustee by the Manager. The Manager shall promptly transmit any notice received by it from the Noteholders to the Indenture Trusteexxxxxxxxxxxxxxx@xxxx.xxx) . (iv) the Operator by the Indenture Trustee, by any Noteholder or by any Hedge Counterparty shall be sufficient for every purpose hereunder if in writing and sent by facsimile or email, in each case with a copy to follow via first-class mail, postage prepaid to the Issuer addressed to: Diversified Production LLC, at 1000 Xxxxxxxxx Xxxxx, Xxxxxxxxxx, Xxxxxxx 00000, xxxxxxxxx: (000) 000-0000, email: lxxxxxxxxxx@xxxx.xxx, with copies (which shall not constitute notice) to (i) Bxxxxxxx X. Xxxxxxxx, 400 Xxxxxxx Xxxxxx, Charleston, West Virginia 25301, email: bxxxxxxxx@xxxx.xxx, and (ii) Lxxxxx & Wxxxxxx LLP, Attention: Dxxxx X. Xxxxxx, at 300 Xxxxxxxx Xxxxxx, Xxxxx 000, Xxxxxx, Xxxxx 00000, email: dxxxx.xxxxxx@xx.xxx, or, in each case, at any other address previously furnished in writing to the Indenture Trustee by the Operator. The Operator shall promptly transmit any notice received by it from the Noteholders to the Indenture Trustee. The Issuer’s obligation to deliver or provide any demand, delivery, notice, communication or instruction to any Person shall be satisfied if such demand, delivery, notice, communication or instruction is posted to the Indenture Trustee’s investor reporting website or such other website or distribution service or provider as the Issuer shall designate by written notice to the other parties; provided, however, that any demand, delivery, notice, communication or instruction to the Indenture Trustee shall be provided at its Corporate Trust Office in accordance with Section 12.4(i) hereof. The Indenture Trustee shall promptly transmit (which may be via electronic mail) any notice received by it from the Noteholders to the Issuer, the Manager and the Hedge Counterparties.