Common use of Notices, Etc Clause in Contracts

Notices, Etc. (a) The Borrower hereby agrees that any notice that is required to be delivered to it hereunder shall be delivered to the Borrower as set forth in this Section 8.02. All notices and other communications provided for hereunder shall be in writing (including fax) and mailed, faxed or delivered, if to the Borrower at its address at 0 Xxxxxxxxx Xxxxx, Xxxxxxxx, Xxxx 00000, Attention: Treasurer (fax: (000) 000-0000; telephone: (000) 000-0000; email: xxxxxxx@xxx.xxx), with a copy to the General Counsel (fax: (000) 000-0000; telephone: (000) 000-0000); if to any Initial Lender, at its Domestic Lending Office specified in its Administrative Questionnaire; if to any other Lender, at its Domestic Lending Office specified in the Assignment and Assumption pursuant to which it became a Lender; if to the Administrative Agent, at its address at Xxxxx Fargo Bank, National Association, 0000 X XX Xxxxxx Blvd, Charlotte, NC 28262, Mail Code: D1109-019, Attention: Syndication Agency Services (fax: 000-000-0000; telephone: 000-000-0000; email: xxxxxxxxxxxxxx.xxxxxxxx@xxxxxxxxxx.xxx); or, as to the Borrower or the Administrative Agent, at such other address as shall be designated by such party in a written notice to the other parties and, as to each other party, at such other address as shall be designated by such party in a written notice to the Borrower and the Administrative Agent. All such notices and communications shall be effective when delivered or received at the appropriate address or number to the attention of the appropriate individual or department, except that notices and communications to the Administrative Agent pursuant to Article II, III or VII shall not be effective until received by the Administrative Agent. Delivery by fax or electronic transmission of an executed counterpart of any amendment or waiver of any provision of this Agreement or of any Exhibit hereto to be executed and delivered hereunder shall be effective as delivery of a manually executed counterpart thereof.

Appears in 2 contracts

Samples: Credit Agreement (Ohio Power Co), Credit Agreement (Southwestern Electric Power Co)

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Notices, Etc. (a) The Borrower hereby agrees that any notice that is required to be delivered to it hereunder shall be delivered to the Borrower as set forth in this Section 8.02. All notices and other communications provided for hereunder shall be in writing (including faxtelegraphic, telecopy or telex communication) and mailed, faxed telegraphed, telecopied, telexed or delivered, if to the Borrower Borrower, at its address at 0 Xxxxxxxxx Xxxxx0000 Xxx Xxxxxxx Xxxx, XxxxxxxxXxxxx 000, Xxxx Xxxxxxxxxx, XX 00000, Attention: Treasurer (fax: (000) 000-0000; telephone: (000) 000-0000; email: xxxxxxx@xxx.xxx), with a copy to the General Counsel (fax: (000) 000-0000; telephone: (000) 000-0000)Chief Financial Officer; if to any Initial Lender, at its Domestic Applicable Lending Office specified in opposite its Administrative Questionnaire; if to any other Lendername on Schedule I hereto, at its Domestic Lending Office or specified in the Assignment and Assumption Acceptance pursuant to which it became a Lender; if to the Administrative Agent, at its address at Xxxxx Fargo BankGeneral Electric Capital Corporation, National Association201 Xxxxxxx 7, 0000 X XX Xxxxxx BlvdXxxxxxx, Charlotte, NC 28262, Mail Code: D1109-019Xxxxxxxxxxx 00000, Attention: Syndication Agency Services ITC Account Manager, Xxxxxxxxx X. Xxxxxxx, Telecopier No.: (fax: 000-) 000-0000; telephone, Telephone No.: (000) 000-0000 with copies to: Weil, Gotshal & Xxxxxx, LLP, 000 Xxxxxxxx Xxxxx, Xxxxx 000, Xxxxxx, XX 00000, Attention: Xxxxxx X. Xxxxxxx, Esq., Telecopier No.: (000) 000-0000; email: xxxxxxxxxxxxxx.xxxxxxxx@xxxxxxxxxx.xxx); 0000 or, as to the Borrower or the Administrative Agentany party, at such other address as shall be designated by such party in a written notice to the other parties and, as to each other party, at such other address as shall be designated by such party in a written notice to the Borrower and the Administrative Agentparties. All such notices and communications shall shall, when mailed, telegraphed, telecopied or telexed, be effective when deposited in the mails, delivered or received at the appropriate address or number to the attention of the appropriate individual telegraph company, transmitted by telecopier or departmentconfirmed by telex answerback, respectively, except that notices and communications to the Administrative any Agent pursuant to Article II, III or VII VIII shall not be effective until received by the Administrative such Agent. Delivery Manual delivery by fax or electronic transmission telecopier of an executed counterpart of any amendment or waiver of any provision of this Agreement or the Notes or of any Exhibit hereto to be executed and delivered hereunder shall be effective as delivery of a manually an original executed counterpart thereof.

Appears in 2 contracts

Samples: Credit Agreement (Itc Deltacom Inc), Credit Agreement (Itc Deltacom Inc)

Notices, Etc. (a) The Borrower hereby agrees that any notice that is required to be delivered to it hereunder shall be delivered to the Borrower as set forth in this Section 8.02. All notices and other communications provided for hereunder shall be in writing (including faxtelegraphic, telecopy or telex communication) and mailed, faxed telegraphed, telecopied, telexed or delivered, if to the Borrower Borrower, at its address at 0 0000 Xxxxxx Xxxxxxxxx Xxx, Xxxx Xxxxx, Xxxxxxxx, Xxxx 00000Indiana 46804, Attention: Treasurer Xxxxx Xxxxxxxxxxxx (fax: (000) 000-0000; telephone: (000) 000-0000; email: xxxxxxx@xxx.xxx), with a copy to the General Counsel (fax: (000) 000-0000; telephone: facsimile (000) 000-0000); if to any Initial LenderLender Party, at its Domestic Lending Office specified in opposite its Administrative Questionnairename on Schedule I hereto; if to any other LenderLender Party, at its Domestic Lending Office specified in the Assignment and Assumption Acceptance pursuant to which it became a LenderLender Party; if to the Collateral Agent, at its address at 000 Xxxx Xxxxxx Xxxxxx, 00xx Xxxxx, Xxxxxxx, Xxxxxxxx 00000, Attention: Steel Dynamics, Inc. Account Manager (facsimile (312) 463-2300; and if to the Administrative Agent, at its address at Xxxxx Fargo Bank000 Xxxx Xxxxxx Xxxxxx, National Association00xx Xxxxx, 0000 X XX Xxxxxx BlvdXxxxxxx, Charlotte, NC 28262, Mail Code: D1109-019Xxxxxxxx 00000, Attention: Syndication Agency Services Steel Dynamics, Inc. Account Manager (fax: facsimile (000-) 000-0000; telephone: 000-000-0000; email: xxxxxxxxxxxxxx.xxxxxxxx@xxxxxxxxxx.xxx); or, as to the Borrower or the Administrative Agent, at such other address as shall be designated by such party in a written notice to the other parties and, as to each other party, at such other address as shall be designated by such party in a written notice to the Borrower and the Administrative Agent. All such notices and other communications shall shall, when mailed, telegraphed, telecopied or telexed, be effective when deposited in the mails, delivered or received at the appropriate address or number to the attention of the appropriate individual telegraph company, transmitted by telecopier or departmentconfirmed by telex answerback, respectively, except that notices and communications to the Administrative any Agent pursuant to Article II, III or VII shall not be effective until received by the Administrative such Agent. Delivery by fax or electronic transmission telecopier of an executed counterpart of any amendment or waiver of any provision of this Agreement or the Notes or of any Exhibit hereto to be executed and delivered hereunder shall be effective as delivery of a manually an original executed counterpart thereof.

Appears in 2 contracts

Samples: Credit Agreement (Steel Dynamics Inc), Credit Agreement (Steel Dynamics Inc)

Notices, Etc. (a) The Borrower hereby agrees that any notice that is required to be delivered to it hereunder shall be delivered to the Borrower Except as set forth otherwise provided in this Section 8.02. All 8.2(b), all notices and other communications provided for hereunder shall be in writing (including faxtelecopy communication) and mailed, faxed telecopied or delivered, if to the Borrower at any Bank, as specified opposite its name on Schedule I hereto or specified in a Transfer Agreement for any assignee Bank delivered pursuant to Section 8.5(a) or in a Revolving Credit Commitment Increase Agreement delivered pursuant to Section 2.19; if to a Borrower, as specified opposite its name on Schedule II hereto; if to an Issuing Bank to its address as specified opposite its name on Schedule I or in a Letter of Credit Commitment Increase Agreement delivered pursuant to Section 2.19; if to CUSA, as Agent or Collateral Agent, to its address at 0 Xxxxxxxxx XxxxxXxxxx Xxx, XxxxxxxxXxxxx 000, Xxxx 00000Xxx Xxxxxx, Attention: Treasurer Xxxxxxxx 00000 (faxtelecopier number: (000) 000-0000; telephoneemail address: (000) 000-0000; emailxxxxxxxxxxxxxxx@xxxxxxxxx.xxx), Attention: xxxxxxx@xxx.xxx)Xxxxxxxx Account Officer, with a copy to the General Counsel Citicorp North America, Inc., 000 Xxxx Xxxxxx, Xxxxx 0000, Xxxxxxx, Xxxxx 00000 (fax: (000) 000-0000; telephonetelecopier number: (000) 000-0000); if to any Initial Lender, at its Domestic Lending Office specified in its Administrative Questionnaire; if to any other Lender, at its Domestic Lending Office specified in the Assignment and Assumption pursuant to which it became a Lender; if to the Administrative Agent, at its address at Xxxxx Fargo Bank, National Association, 0000 X XX Xxxxxx Blvd, Charlotte, NC 28262, Mail Code: D1109-019, Attention: Syndication Agency Services (fax: 000-000-0000; telephone: 000-000-0000; email: xxxxxxxxxxxxxx.xxxxxxxx@xxxxxxxxxx.xxx)The Xxxxxxxx Companies, Inc. Account Officer; or, as to any Borrower, any Issuing Bank, the Borrower Collateral Agent, or the Administrative Agent, at such other address as shall be designated by such party in a written notice to the other parties and, as to each other party, at such other address as shall be designated by such party in a written notice to the Borrower Borrowers, each Issuing Bank, the Collateral Agent and the Administrative Agent; provided that materials required to be delivered pursuant to Section 5.1(b)(ii), (iii) and (iv) shall be delivered to the Agent as specified in Section 8.2(b) or as otherwise specified to any Borrower by the Agent; provided, further, that any communication that (A) relates to a request for a new, or a conversion of an existing, borrowing or other extension of credit (including any election of an interest rate or Interest Period relating thereto), (B) relates to the payment of any principal or other amount due under the Credit Agreement prior to the scheduled date therefor, (C) provides notice of any Default or Event of Default or (D) is required to be delivered to satisfy any condition precedent to the effectiveness of any provision of this Agreement and/or any borrowing, Letter of Credit, increase of any Letter of Credit or other extension of credit hereunder, shall be in writing (including telecopy communication) and mailed, telecopied or delivered pursuant to this Section 8.2(a). All such notices and communications shall shall, when mailed, telecopied or e-mailed, be effective when delivered or received at in the appropriate address or number mail, sent by telecopier to any party to the attention telecopier number as set forth herein or on Schedule I or Schedule II or specified in a Transfer Agreement for any assignee Bank delivered pursuant to Section 8.5(a) or in a Revolving Credit Commitment Increase Agreement or Letter of Credit Commitment Increase Agreement delivered pursuant to Section 2.19 (or other telecopy number specified by such party in a written notice to the appropriate individual other parties hereto) or departmentconfirmed by e-mail, respectively, except that notices and communications to the Administrative Agent pursuant to Article II, III or VII shall not be effective until received by the Administrative Agent. Any notice or communication to a Bank shall be deemed to be a notice or communication to any SPC designated by such Bank and no further notice to an SPC shall be required. Delivery by fax or electronic transmission telecopier of an executed counterpart of this Agreement, any other Credit Document or any amendment or waiver of any provision of this Agreement or any other Credit Document (other than a Letter of any Exhibit hereto to be executed and delivered hereunder Credit) shall be effective as delivery of a manually executed counterpart thereof.

Appears in 2 contracts

Samples: Credit Agreement (Williams Companies Inc), Credit Agreement (Williams Companies Inc)

Notices, Etc. (a) The Borrower hereby agrees that any notice that is required to be delivered to it hereunder shall be delivered to the Borrower as set forth in this Section 8.02. All notices and other communications provided for hereunder shall be in writing (including faxfacsimile) and mailed, faxed or delivered, if to the Borrower Borrower, at its address at 0 0000 Xxxx Xxxxxxxxx Xxxx., Xxxx Xxxxx, Xxxxxxxx, Xxxx 00000Indiana 46804, Attention: Treasurer Xxxxxxx X. Xxxxxx (fax: (000) 000facsimile 260-0000; telephone: (000) 000969-0000; email: xxxxxxx@xxx.xxx), with a copy to the General Counsel (fax: (000) 000-0000; telephone: (000) 000-00003587); if to any Initial LenderLender Party, at its Domestic Lending Office specified in opposite its Administrative Questionnairename on Schedule I hereto; if to any other LenderLender Party, at its Domestic Lending Office specified in the Assignment and Assumption pursuant to which it became a LenderLender Party; if to the Administrative Collateral Agent, at its address at Xxxxx Fargo PNC Bank, National AssociationThree PNC Plaza, 0000 X XX Xxxxxx Blvd000 Xxxxx Xxxxxx, CharlotteXxxxxxxxxx, NC 28262, Mail Code: D1109-019Xxxxxxxxxxxx 00000, Attention: Syndication Agency Services Xxxxx Xxxxxxx (faxfacsimile 412-762-6484); and if to the Paying Agent, at its address at PNC Firstside Center, 000 Xxxxx Xxxxxx, X0-XXXX-00-X, Xxxxxxxxxx, Xxxxxxxxxxxx 00000, Attention: 000Xxxxx Xxxxxx (facsimile 412-000762-0000; telephone: 000-000-0000; email: xxxxxxxxxxxxxx.xxxxxxxx@xxxxxxxxxx.xxx)8672) and with respect to notices and/or deliveries pursuant to Section 5.03; or, as to the Borrower or the Administrative Paying Agent, at such other address as shall be designated by such party in a written notice to the other parties and, as to each other party, at such other address as shall be designated by such party in a written notice to the Borrower and the Administrative Paying Agent. All such notices and other communications shall shall, when mailed, or faxed, be effective when delivered or received at deposited in the appropriate address or number to the attention of the appropriate individual or departmentmails, transmitted by facsimile, respectively, except that notices and communications to the Administrative any Agent pursuant to Article II, III or VII shall not be effective until received by the Administrative such Agent. Delivery by fax facsimile or electronic transmission .pdf of an executed counterpart of any amendment or waiver of any provision of this Agreement or the Notes or of any Exhibit hereto to be executed and delivered hereunder shall be effective as delivery of a manually an original executed counterpart thereof.

Appears in 2 contracts

Samples: Credit Agreement (Steel Dynamics Inc), Credit Agreement (Steel Dynamics Inc)

Notices, Etc. (a) The Borrower hereby agrees that any notice that is required to be delivered to it hereunder shall be delivered to the Borrower as set forth in this Section 8.02. All notices and other communications provided for hereunder shall be in writing (including faxfax communication) and mailed, faxed or delivered, if to any Loan Party at the Borrower at address specified below its address at 0 Xxxxxxxxx Xxxxx, Xxxxxxxx, Xxxx 00000, Attention: Treasurer (fax: (000) 000-0000; telephone: (000) 000-0000; email: xxxxxxx@xxx.xxx), with name on the signature pages hereof or of a copy Supplement to the General Counsel Pledge Agreement delivered pursuant to Section 5.01(j) or (fax: (000) 000-0000; telephone: (000) 000-0000k); if to any Initial LenderPerson that is a Lender Party as of the date hereof, at its Domestic Lending Office specified in its Administrative Questionnairethe Lender Addendum delivered by such Lender Party; if to any other LenderLender Party, at its Domestic Lending Office specified in the Assignment and Assumption Acceptance pursuant to which it became a LenderLender Party; if to the Administrative Agent or the Collateral Agent, at its address at 000 Xxxxx Fargo Xxxxxxx Xxxxxx, XX0000/XX0, Xxxxxxxxx, Xxxxx Xxxxxxxx 00000-0000, Attention: Syndication Agency Services, Telecopier: 000-000-0000, Telephone: 000-000-0000, with a copy to: Wachovia Bank, National Association, 0000 X Xxx Xxxxxxxx Xxxxxx, 0xx Xxxxx, Xxxxxxxxx, XX Xxxxxx Blvd, Charlotte, NC 28262, Mail Code: D110900000-0190000, Attention: Syndication Agency Services (faxXxxxx Xxxxxxxx, Telecopier: 000-000-0000, Telephone: 000-000-0000; telephone: 000-000-0000; email: xxxxxxxxxxxxxx.xxxxxxxx@xxxxxxxxxx.xxx); or, as to the Borrower or the Administrative Agentany party, at such other address as shall be designated by such party in a written notice to the other parties and, as to each other party, at such other address as shall be designated by such party in a written notice to the Borrower and the Administrative Agentparties. All such notices and other communications shall shall, when mailed or faxed, be effective when delivered deposited in the mails or received at the appropriate address or number to the attention of the appropriate individual or departmenttransmitted by fax, except that notices and communications to the Administrative any Agent pursuant to Article II, III or VII shall not be effective until received by the Administrative such Agent. Delivery by fax or electronic transmission mail of an executed counterpart of a signature page to any amendment or waiver of any provision of this Agreement or the Notes or of any Exhibit hereto to be executed and delivered hereunder shall be effective as delivery of a manually an original executed counterpart thereof.

Appears in 2 contracts

Samples: Credit Agreement (CBRL Group Inc), Credit Agreement (CBRL Group Inc)

Notices, Etc. (a) The Borrower hereby agrees that any notice that is required to be delivered to it hereunder shall be delivered to the Borrower as set forth in this Section 8.02. All notices and other communications provided for hereunder shall shall, unless otherwise stated herein, be in writing (including fax) and mailedmailed or telecommunicated, faxed or delivered, if delivered as to the Borrower at its address at 0 Xxxxxxxxx Xxxxx, Xxxxxxxx, Xxxx 00000, Attention: Treasurer (fax: (000) 000-0000; telephone: (000) 000-0000; email: xxxxxxx@xxx.xxx), with a copy to the General Counsel (fax: (000) 000-0000; telephone: (000) 000-0000); if to any Initial Lender, at its Domestic Lending Office specified in its Administrative Questionnaire; if to any other Lender, at its Domestic Lending Office specified in the Assignment and Assumption pursuant to which it became a Lender; if to the Administrative Agenteach party hereto, at its address at Xxxxx Fargo Bank, National Association, 0000 X XX Xxxxxx Blvd, Charlotte, NC 28262, Mail Code: D1109-019, Attention: Syndication Agency Services (fax: 000-000-0000; telephone: 000-000-0000; email: xxxxxxxxxxxxxx.xxxxxxxx@xxxxxxxxxx.xxx); or, as to the Borrower set forth below or the Administrative Agent, at such other address as shall be designated by such party in a written notice to the other parties and, as to each other party, at such other address as shall be designated by such party in a written notice to the Borrower and the Administrative Agenthereto. All such notices and communications shall be effective when delivered or received at the appropriate address or number to the attention of the appropriate individual or department, except that notices and communications to the Administrative Agent pursuant to Article II, III or VII shall not be effective until received by the Administrative Agentparty to whom such notice or communication is addressed. Delivery by fax Seller Bluegreen Vacations Corporation 0000 Xxxxxxxxxx Xxx Xxxxx, Xxxxx 000 Xxxx Xxxxx, Xxxxxxx 00000 Attention: Xxxxxxx X. Xxxxx, Senior Vice President, CFO & Treasurer Facsimile: (000) 000-0000 Depositor Bluegreen Timeshare Finance Corporation I 0000 Xxxxxxxxxxxxx Xxxxxx, Xxxxx 000 Xxxx Xxxxx, Xxxxxxx 00000 Attention: Xxxxx X. HerzPaul Xxxxxxxx, President & Assistant Treasurer Facsimile: (000) 000-0000 No Waiver; Remedies. No failure on the part of the Seller, the Depositor or electronic transmission of an executed counterpart any assignee thereof to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any amendment right hereunder preclude any other or waiver further exercise thereof or the exercise of any provision other right. The remedies herein provided are cumulative and not exclusive of any other remedies provided by law. Binding Effect; Assignability. This Agreement shall be binding upon and inure to the benefit of the Depositor and its respective successors and assigns. Any assignee of the Depositor shall be an express third party beneficiary of this Agreement, entitled to directly enforce this Agreement. The Seller may not assign any of its rights and obligations hereunder or any interest herein without the prior written consent of the Depositor and any assignee thereof. The Depositor may, and intends to, assign all of its rights hereunder to the Issuer and the Seller consents to any such assignment. This Agreement shall create and constitute the continuing obligations of the parties hereto in accordance with its terms, and shall remain in full force and effect until its termination; provided, however, that the rights and remedies with respect to any breach of any representation and warranty made by the Seller pursuant to Section 5 hereof and the repurchase or substitution and indemnification obligations shall be continuing and shall survive any termination of this Agreement or of any Exhibit hereto to but such rights and remedies may be executed enforced only by the Depositor, the Issuer and delivered hereunder shall be effective as delivery of a manually executed counterpart thereofthe Indenture Trustee.

Appears in 2 contracts

Samples: Note Funding Agreement (BBX Capital Corp), Note Funding Agreement (Bluegreen Vacations Corp)

Notices, Etc. (a) The Borrower hereby agrees that any notice that is required to be delivered to it hereunder shall be delivered to the Borrower as set forth in this Section 8.02. All notices and other communications provided for hereunder shall be in writing (including faxtelegraphic, telecopy or telex communication) and mailed, faxed telegraphed, telecopied, telexed or delivered, if to the Borrower at U.S. Borrower, to its address at 0 Xxxxxxxxx Xxxxx0000 Xxxxx Xxxx, XxxxxxxxP.O. Box 40, Xxxx 00000Henderson, AttentionKY 42420, Attn: Treasurer (fax: (000) 000-0000; telephone: (000) 000-0000; email: xxxxxxx@xxx.xxx)Xxxxxxx Xxxxxxx, with a copy to KKR at 0000 Xxxx Xxxx Xxxx, Xxxxx 000, Xxxxx Xxxx, XX 00000, Attn: Xxxx Xxxxxx; if to the General Counsel (fax: (000) 000-0000; telephone: (000) 000-0000)Canadian Borrower, addressed to it c/o the U.S. Borrower at the U.S. Borrower's address; if to any Initial LenderLender or the Initial Issuing Bank, at to its Domestic Lending Office specified in opposite its Administrative Questionnairename on Schedule I hereto; if to any other LenderLender Party, at to its Domestic Lending Office specified in the Assignment and Assumption Acceptance pursuant to which it became a LenderLender Party; and if to the Administrative Agent, at to its address at Xxxxx Fargo Bank000 Xxxx Xxxxxx, National AssociationXxx Xxxx, 0000 X XX Xxxxxx Blvd, Charlotte, NC 28262, Mail Code: D1109-019Xxx Xxxx 00000, Attention: Syndication Agency Services (fax: 000-000-0000; telephone: 000-000-0000; email: xxxxxxxxxxxxxx.xxxxxxxx@xxxxxxxxxx.xxx)Xxxxx Xxxxxx; or, as to the either Borrower or the Administrative Agent, at to such other address as shall be designated by such party in a written notice to the other parties and, as to each other party, at such other address as shall be designated by such party in a written notice to the U.S. Borrower and the Administrative AgentAgent pursuant to this Section 9.02. All such notices and communications shall shall, when mailed, telegraphed, telecopied or telexed, be effective when deposited in the mails, delivered or received at the appropriate address or number to the attention of the appropriate individual telegraph company, transmitted by telecopier or departmentconfirmed by telex answerback, respectively, except that notices and communications to the Administrative Agent pursuant to Article IISections 2.02, III or VII 2.03, 2.05, 2.06(a) and (c) and 2.09(a) and with respect to selected Interest Periods in respect of Eurodollar Rate Advances shall not be effective until received by the Administrative Agent. Delivery by fax or electronic transmission telecopier of an executed counterpart of any amendment or waiver of any provision of this Agreement or the Notes or of any Exhibit hereto to be executed and delivered hereunder shall be effective as delivery of a manually executed counterpart thereof.

Appears in 2 contracts

Samples: Credit Agreement (Accuride Corp), Credit Agreement (Accuride Corp)

Notices, Etc. (a) The Borrower hereby agrees that any notice that is required to be delivered to it hereunder shall be delivered to the Borrower as set forth in this Section 8.02. All notices and other communications provided for hereunder shall shall, unless otherwise stated herein, be in writing (including fax) and mailedmailed or telecommunicated, faxed or delivered, if delivered as to the Borrower at its address at 0 Xxxxxxxxx Xxxxx, Xxxxxxxx, Xxxx 00000, Attention: Treasurer (fax: (000) 000-0000; telephone: (000) 000-0000; email: xxxxxxx@xxx.xxx), with a copy to the General Counsel (fax: (000) 000-0000; telephone: (000) 000-0000); if to any Initial Lender, at its Domestic Lending Office specified in its Administrative Questionnaire; if to any other Lender, at its Domestic Lending Office specified in the Assignment and Assumption pursuant to which it became a Lender; if to the Administrative Agenteach party hereto, at its address at Xxxxx Fargo Bank, National Association, 0000 X XX Xxxxxx Blvd, Charlotte, NC 28262, Mail Code: D1109-019, Attention: Syndication Agency Services (fax: 000-000-0000; telephone: 000-000-0000; email: xxxxxxxxxxxxxx.xxxxxxxx@xxxxxxxxxx.xxx); or, as to the Borrower set forth below or the Administrative Agent, at such other address as shall be designated by such party in a written notice to the other parties and, as to each other party, at such other address as shall be designated by such party in a written notice to the Borrower and the Administrative Agenthereto. All such notices and communications shall be effective when delivered or received at the appropriate address or number to the attention of the appropriate individual or department, except that notices and communications to the Administrative Agent pursuant to Article II, III or VII shall not be effective until received by the Administrative Agentparty to whom such notice or communication is addressed. Delivery by fax Issuer  BXG Timeshare Trust I c/o Wilmington Trust Company Xxxxxx Square North 0000 Xxxxx Xxxxxx Xxxxxx Xxxxxxxxxx, Xxxxxxxx 00000 Attention: Corporate Trust Administration Facsimile: (000) 000-0000  Depositor  Bluegreen Timeshare Finance Corporation I 0000 Xxxxxxxxxxxxx Xxxxxx, Xxxxx 000 Xxxx Xxxxx, Xxxxxxx 00000 Attention: Xxxxx X. HerzPaul Xxxxxxxx, President & Assistant Treasurer Facsimile: (000) 000-0000 No Waiver; Remedies . No failure on the part of the Depositor, the Issuer or electronic transmission of an executed counterpart any assignee thereof to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any amendment right hereunder preclude any other or waiver further exercise thereof or the exercise of any provision other right. The remedies herein provided are cumulative and not exclusive of any other remedies provided by law. Binding Effect; Assignability . This Agreement shall be binding upon and inure to the benefit of the Depositor, the Issuer and their respective successors and assigns. Any assignee of the Issuer shall be an express third party beneficiary of this Agreement, entitled to directly enforce this Agreement. The Depositor may not assign any of its rights and obligations hereunder or any interest herein without the prior written consent of the Issuer and any assignee thereof. The Issuer may, and intends to, assign all of its rights hereunder to the Indenture Trustee on behalf of the Noteholders and the Depositor consents to any such assignment. This Agreement shall create and constitute the continuing obligations of the parties hereto in accordance with its terms, and shall remain in full force and effect until its termination; provided, however, that the rights and remedies with respect to any breach of any representation and warranty made by the Depositor pursuant to Section 5 hereof and the repurchase or substitution and indemnification obligations shall be continuing and shall survive any termination of this Agreement or of any Exhibit hereto to but such rights and remedies may be executed enforced only by the Issuer and delivered hereunder shall be effective as delivery of a manually executed counterpart thereofthe Indenture Trustee.

Appears in 2 contracts

Samples: Note Funding Agreement (BBX Capital Corp), Note Funding Agreement (Bluegreen Vacations Corp)

Notices, Etc. (a) The Borrower hereby agrees that any notice that is required to be delivered to it hereunder shall be delivered to the Borrower as set forth in this Section 8.02. All notices and other communications provided for hereunder shall be in writing (including faxtelecopy communication) and mailed, faxed telecopied or delivered, : if to the Borrower at its address at 0 Xxxxxxxxx or the Parent Guarantor: 00000 Xxxxxxxx Xxxx Xxxxxxxx, Xxxxxxxx 00000 Attention: Xxxxxx X. Xxxxx, Xxxxxxxx, Xxxx 00000, Attention: Treasurer (faxGeneral Counsel Telecopy number: (000) 000-0000; telephone0000 with a copy to: Xxxxxx Xxxxx, Treasurer Sodexho Marriott Operations, Inc. 00000 Xxxxxxxx Xxxx Xxxxxxxx, Xxxxxxxx 00000 Telecopy number: (000) 000-0000; email0000 and: xxxxxxx@xxx.xxx)Xxxxx Xxxx & Xxxxxxxx 000 Xxxxxxxxx Xxxxxx Xxx Xxxx, with a copy to the General Counsel (faxXxx Xxxx 00000 Attention: Xxxxxxxx X. Xxxxxx, Esq. Telecopy number: (000) 000-0000; telephone: (000) 000-0000); 0000 if to any Initial LenderLender or any Initial Issuing Bank, at its Domestic Lending Office specified in opposite its Administrative Questionnairename on Schedule I hereto; if to any other LenderLender Party, at its Domestic Lending Office specified in the Assignment and Assumption Acceptance pursuant to which it became a LenderLender Party; and if to the Administrative Agent: Xxxxxx Guaranty Trust Company of New York 00 Xxxx Xxxxxx Xxx Xxxx, at its address at Xxxxx Fargo Bank, National Association, Xxx Xxxx 00000-0000 X XX Xxxxxx Blvd, Charlotte, NC 28262, Mail Code: D1109-019, Attention: Syndication Agency Services Xxxxxxx X. Xxxxxx Telecopy number: (fax: 000) 000-000-0000; telephone: 000-000-0000; email: xxxxxxxxxxxxxx.xxxxxxxx@xxxxxxxxxx.xxx); 0000 or, as to the Borrower or the Administrative Agent, at such other address as shall be designated by such party in a written notice to the other parties and, as to each other party, at such other address as shall be designated by such party in a written notice to the Borrower and the Administrative Agent. All such notices and communications shall be effective (i) if given by telecopy, when transmitted to the telecopy number referred to in this Section and confirmation of receipt is received, (ii) if given by mail, 72 hours after such communication is deposited in the mails with postage prepaid, addressed as aforesaid or (iii) if given by any other means, when delivered or received at the appropriate address or number referred to the attention of the appropriate individual or departmentin this Section, except that notices and communications to the Administrative Agent pursuant to Article II, III II or VII VIII shall not be effective until received by the Administrative Agent. Delivery by fax or electronic transmission telecopier of an executed counterpart of any amendment or waiver of any provision of this Agreement or the Notes or of any Exhibit hereto to be executed and delivered hereunder shall be effective as delivery of a manually executed counterpart thereof.

Appears in 2 contracts

Samples: Credit Agreement (Sodexho Alliance S A), Credit Agreement (Sodexho Mariott Services Inc)

Notices, Etc. (a) The Borrower hereby agrees that any notice that is required to be delivered to it hereunder shall be delivered to the Borrower as set forth in this Section 8.02. All notices and other communications ------------- provided for hereunder shall be in writing (including faxtelecopy, telegraphic, telex or cable communication) and mailed, faxed telegraphed, telecopied, telexed, cabled or delivered, if to the Borrower at Borrower, to its address at 0 Xxxxxxxxx Xxxxx00000 Xxxxxxxx Xxxx, Xxxxxxxx, Xxxx Xxxxxxxx 00000, Attention: Treasurer (fax: (000) 000-0000; telephone: (000) 000-0000; email: xxxxxxx@xxx.xxx)Assistant Treasurer, Dept. 52/924.11, with a copy to the same address, Attention: Assistant General Counsel (fax: (000) 000-0000; telephone: (000) 000-0000)- Corporate Finance, Dept. 52/923; if to any Initial LenderBank, at to its Domestic Lending Office specified in opposite its Administrative Questionnairename on Schedule I hereto; if to any other Lender, at to its Domestic Lending Office specified in the Assignment and Assumption Acceptance pursuant to which it became a Lender; and if to the Administrative Agent, at its address at 0 Xxxxx Fargo BankXxxxxx, National AssociationXxxx Xxxxxx Xxxx, 0000 X XX Xxxxxx Blvd, Charlotte, NC 28262, Mail Code: D1109-019Xxx Xxxx 00000, Attention: Syndication Agency Services Xxx Xxxx (fax: or her successors), telephone number (000) 000-0000, telecopier number (000) 000-0000; telephone: 000-000-0000; email: xxxxxxxxxxxxxx.xxxxxxxx@xxxxxxxxxx.xxx); or, as or to the Borrower or the Administrative Agent, at such other address as shall be designated by such party in a written notice to the other parties and, as to each other party, at such other address as shall be designated by such party in a written notice to the Borrower and the Administrative Agent. All such notices and communications shall shall, (a) when mailed, be effective three Business Days after the same is deposited in the mails, (b) when mailed for next day delivery by a reputable freight company or reputable overnight courier service, be effective one Business Day thereafter, and (c) when sent by telegraph, telecopy, telex or cable, be effective when the same is telegraphed, telecopied and receipt thereof is confirmed by telephone or return telecopy, confirmed by telex answerback or delivered or received at the appropriate address or number to the attention of the appropriate individual or departmentcable company, respectively, except that notices and communications to the Administrative Agent pursuant to Article II, III or VII VIII shall not be effective until received by the Administrative Agent. Delivery by fax or electronic transmission of an executed counterpart of any amendment or waiver of any provision of this Agreement or of any Exhibit hereto to be executed and delivered hereunder shall be effective as delivery of a manually executed counterpart thereof.

Appears in 2 contracts

Samples: Credit Agreement (Renaissance Hotel Group N V), Credit Agreement (Marriott International Inc)

Notices, Etc. (a) The Borrower hereby agrees that any notice that is required to be delivered to it hereunder shall be delivered to the Borrower as set forth in this Section 8.02. All notices and other communications provided for hereunder shall be in writing (including faxtelecopier, telegraphic, telex or cable communication) and mailed, faxed telecopied, telegraphed, telexed, cabled or delivered, if to the Borrower Company or the Borrowers, at its address at 0 Xxxxxxxxx Xxxxx000 00xx Xxxxxx XX, XxxxxxxxXxxxx Xxxxxx, Xxxx XX 00000, AttentionAttn: Treasurer (fax: (000) 000-0000; telephone: (000) 000-0000; email: xxxxxxx@xxx.xxx), with a copy to the General Counsel (fax: (000) 000-0000; telephone: (000) 000-0000)Counsel; if to any Initial LenderBank, at its Domestic Lending Office specified in opposite its Administrative Questionnairename on Schedule I hereto; if to any other Lender, at its Domestic Lending Office specified in the Assignment and Assumption Acceptance pursuant to which it became a Lender; if to the Administrative Agent, Agent at its address at Citicorp USA, Inc., Loan Syndications Operations, 0 Xxxxx Fargo BankXxx, National AssociationXxxxx 000, 0000 X XX Xxxxxx BlvdXxx Xxxxxx, CharlotteXxxxxxxx, NC 2826200000 (with a copy of notices, Mail Code: D1109-019other than those given pursuant to Sections 2.01 through 2.13 hereof, to Citicorp USA, Inc. x/x Xxxxxxxx Xxxxx Xxxxxxx, Inc., 000 Xxxx Xxxxxxx, 0xx Xxxxx, Xxxxxxx, XX, 00000; Attention: Syndication Agency Services (fax: 000-000-0000; telephone: 000-000-0000; email: xxxxxxxxxxxxxx.xxxxxxxx@xxxxxxxxxx.xxxXxxxxxxx Xxxxx); or, as to the Borrower Company, the Borrowers or the Administrative Agent, at such other address as shall be designated by such party in a written notice to the other parties and, as to each other party, at such other address as shall be designated by such party in a written notice to the Borrower Borrowers and the Administrative AgentAgents. All such notices and communications shall shall, when personally delivered, mailed, telecopied, telegraphed, telexed or cabled, be effective when personally delivered, after five (5) days after being deposited in the mails, when confirmed by telecopy response, when delivered or received at the appropriate address or number to the attention of telegraph company, when confirmed by telex answerback or when delivered to the appropriate individual or departmentcable company, respectively, except that notices and communications to the Administrative Agent pursuant to Article II, III II or VII shall not be effective until received by the Administrative Agent. Delivery by fax or electronic transmission of an executed counterpart of any amendment or waiver of any provision of this Agreement or of any Exhibit hereto to be executed and delivered hereunder shall be effective as delivery of a manually executed counterpart thereof.

Appears in 2 contracts

Samples: Credit Agreement (Steelcase Inc), Credit Agreement (Steelcase Inc)

Notices, Etc. (a) The Borrower hereby agrees that any notice that is required to be delivered to it hereunder shall be delivered to the Borrower as set forth in this Section 8.02. All notices and other communications provided for hereunder shall be in writing (including faxtelecopier, telegraphic or telex communication) and mailed, faxed telecopied, telegraphed, telexed or delivered, if to the Borrower Company or to any Designated Subsidiary, at its the Company's address at 0 Xxxxxxxxx Corporate Headquarters, 000 Xxxxxxx X Xxxxx, XxxxxxxxXxxxxxx, Xxxx Xxxxxxxxxxxx 00000-0000, Attention: Treasurer (fax: Treasury Department, Fax No. (000) 000-0000; telephone: (000) 000-0000; email: xxxxxxx@xxx.xxx), with a copy to the General Counsel (fax: (000) 000-0000; telephone: (000) 000-0000); if to any Initial Lender, at its Domestic Lending Office specified in opposite its Administrative Questionnairename on Schedule I hereto; if to any other Lender, at its Domestic Lending Office specified in the Assumption Agreement or the Assignment and Assumption Acceptance, as the case may be, pursuant to which it became a Lender; and if to the Administrative Agent, at its address at Xxxxx Fargo BankXxx Xxxx'x Xxx, National AssociationXxx Xxxxxx, 0000 X XX Xxxxxx Blvd, Charlotte, NC 28262, Mail Code: D1109-019Xxxxxxxx 00000, Attention: Syndication Agency Services Bank Loan Syndications, Fax No. (fax: 000-) 000-0000; telephone: 000-000-0000; email: xxxxxxxxxxxxxx.xxxxxxxx@xxxxxxxxxx.xxx); or, as to the any Borrower or the Administrative Agent, at such other address as shall be designated by such party in a written notice to the other parties and, as to each other party, at such other address as shall be designated by such party in a written notice to the Borrower Company and the Administrative Agent; provided that materials as may be agreed between the Borrowers and the Agent may be delivered to the Agent in accordance with clause (b) below. All such notices and communications shall shall, when mailed, telecopied, telegraphed or telexed, be effective when deposited in the mails, telecopied, delivered or received at the appropriate address or number to the attention of the appropriate individual telegraph company or departmentconfirmed by telex answerback, respectively, except that notices and communications to the Administrative Agent pursuant to Article II, III or VII VIII shall not be effective until received by the Administrative Agent. Delivery by fax or electronic transmission telecopier of an executed counterpart of any amendment or waiver of any provision of this Agreement or the Notes or of any Exhibit hereto to be executed and delivered hereunder shall be effective as delivery of a manually executed counterpart thereof.

Appears in 2 contracts

Samples: Credit Agreement (Hershey Co), Credit Agreement (Hershey Foods Corp)

Notices, Etc. (a) The Borrower hereby agrees that any notice that is required to be delivered to it hereunder shall be delivered to the Borrower as set forth in this Section 8.02. All notices and other communications provided for hereunder shall be in writing (including faxtelecopier communication) and mailed, faxed telecopied or delivered, if to the Borrower Holdings, at its address at 0 Xxxxxxxxx Xxxxx0000 Xxxxxxx Xxxx, XxxxxxxxHoffman Estates, Illinois 60179, Attention: President/CEO, with a copy to Wachtell, Lipton, Xxxxx & Xxxx, 00 Xxxx 00xx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000, Attention: Treasurer (faxXxxxx Xxxxxxx; if to SRAC, at its address at 0000 Xxxxxxx Xxxx, Greenville, Delaware 19807, Attention: (000) 000-0000; telephone: (000) 000-0000; email: xxxxxxx@xxx.xxx)President, with a copy to the General Counsel (fax: (000) 000-0000; telephone: (000) 000-0000)Wachtell, Lipton, Xxxxx & Xxxx at its address set forth above; if to any Initial Lender, at its Domestic Lending Office specified in its Administrative Questionnaire; if to any other Lender, at its Domestic Lending Office specified in the Assignment and Assumption pursuant to which it became a Lender; if to the Administrative AgentKmart Corp., at its address at 0000 Xxxx Xxx Xxxxxx Xxxx, Xxxx, Xxxxxxxx 00000, Attentions: Chief Financial Officer and General Counsel, with a copy to Wachtell, Lipton, Xxxxx Fargo Bank& Xxxx at its address set forth above; if to any Lender, National Associationat its address set forth in its completed administrative questionnaire delivered to the Agent; and if to the Agent, the Swingline Lender or the Issuing Lender, at its address at 0000 X XX Xxxxxx BlvdXxxxxx, CharlotteHouston, NC 28262, Mail Code: D1109-019Texas 77002, Attention: Syndication Agency Xxxx X. Xxxxxxx, JPMorgan Loan Services (fax: 000-000-0000; telephone: 000-000-0000; email: xxxxxxxxxxxxxx.xxxxxxxx@xxxxxxxxxx.xxx)- Deal Management; or, as to any Borrower, the Borrower Agent, the Swingline Lender or the Administrative Agentany Issuing Lender, at such other address as shall be designated by such party in a written notice to the other parties and, as to each other party, at such other address as shall be designated by such party in a written notice to the Borrower Borrowers and the Administrative Agent; provided that notices required to be delivered pursuant to Section 6.01(j)(i), (ii), (iii) and (v) shall be delivered to the Agent and the Lenders as specified in Section 9.02(b). All such notices and communications shall shall, when mailed, telecopied, telegraphed or emailed, be effective when deposited in the mails, telecopied, delivered or received at the appropriate address or number to the attention of the appropriate individual telegraph company or departmentconfirmed by email, respectively, except that notices and communications to the Administrative Agent pursuant to Article II, III or VII VIII shall not be effective until received by the Administrative Agent. Delivery by fax or electronic transmission telecopier of an executed counterpart of any amendment or waiver of any provision of this Agreement or any Loan Document or of any Exhibit exhibit hereto or thereto to be executed and delivered hereunder shall be effective as delivery of a manually executed counterpart thereof.

Appears in 2 contracts

Samples: Credit Agreement (Sears Roebuck Acceptance Corp), Execution (Kmart Holding Corp)

Notices, Etc. (a) The Borrower hereby agrees that any notice that is required to be delivered to it hereunder shall be delivered to the Borrower as set forth in this Section 8.02. All notices and other communications provided for hereunder shall be in writing (including faxtelegraphic, telecopy or telex communication) and mailed, faxed telegraphed, telecopied, telexed or delivered, if to the Borrower Borrowers, addressed both c/o Crompton Corp. at its address at 0 Xxxxxxxxx Oxx Xxxxxxx Xxxxx, Xxxxx Xxxxxx, Xxxxxxxx, Xxxx XX 00000, Attention: Treasurer (faxChief Financial Officer and c/o Uniroyal Corp. at its address at World Headquarters, Bxxxxx Road, Middlebury, CT 06749, Attention: (000) 000-0000; telephone: (000) 000-0000; email: xxxxxxx@xxx.xxx), with a copy to the General Counsel (fax: (000) 000-0000; telephone: (000) 000-0000)Chief Financial Officer; if to any Initial LenderLender or any Initial Issuing Bank, at its Domestic Lending Office specified in opposite its Administrative Questionnairename on Schedule I hereto; if to any other LenderLender Party, at its Domestic Lending Office specified in the Assignment and Assumption Acceptance pursuant to which it became a LenderLender Party; and if to the Administrative Agent, at its address at Xxxxx Fargo Bank300 Xxxx Xxxxxx, National AssociationXxx Xxxx, 0000 X XX Xxxxxx Blvd, Charlotte, NC 28262, Mail Code: D1109-019Xxx Xxxx 00000, Attention: Syndication Agency Services (fax: 000-000-0000; telephone: 000-000-0000; email: xxxxxxxxxxxxxx.xxxxxxxx@xxxxxxxxxx.xxx)Rxxxxx Xxxxxx; or, as to the Borrower Borrowers or the Administrative Agent, at such other address as shall be designated by such party in a written notice to the other parties and, as to each other party, at such other address as shall be designated by such party in a written notice to the Borrower Borrowers and the Administrative Agent. All such notices and communications shall (a) when mailed, be effective three Business Days after the same is deposited in the mails, (b) when mailed for next day delivery by a reputable freight company or reputable overnight courier service, be effective one Business Day thereafter, and (c) when sent by telegraph, telecopier or telex, be effective when delivered the same is confirmed by telephone, telecopier confirmation or received at the appropriate address return telecopy or number to the attention of the appropriate individual or departmenttelex answerback, respectively, except that notices and communications to the Administrative Agent pursuant to Article II, III or VII shall not be effective until received by the Administrative Agent. Delivery by fax or electronic transmission telecopier of an executed counterpart of any amendment or waiver of any provision of this Agreement or the Notes or of any Exhibit hereto to be executed and delivered hereunder shall be effective as delivery of a manually executed counterpart thereof. Delivery of a notice from any Borrower pursuant to Section 5.03(a) shall be deemed, solely with respect to such Section, notice from all Borrowers.

Appears in 2 contracts

Samples: Credit Agreement (Crompton & Knowles Corp), Credit Agreement (Uniroyal Chemical Co Inc)

Notices, Etc. (a) The Borrower hereby agrees that any notice that is required to be delivered to it hereunder shall be delivered to the Borrower as set forth in this Section 8.02. All notices and other communications provided for hereunder shall be in writing (including faxtelegraphic, telecopy or telex communication) and mailed, faxed telegraphed, telecopied, telexed or delivered, if to the Borrower Borrower, at its address at 0 0000 Xxxxxx Xxxxxxxxx Xxx, Xxxx Xxxxx, Xxxxxxxx, Xxxx 00000Indiana 46804, Attention: Treasurer Xxxxxxx X. Xxxxxx (fax: (000) 000facsimile 260-0000; telephone: (000) 000969-0000; email: xxxxxxx@xxx.xxx), with a copy to the General Counsel (fax: (000) 000-0000; telephone: (000) 000-00003587); if to any Initial LenderLender Party, at its Domestic Lending Office specified in opposite its Administrative Questionnairename on Schedule I hereto; if to any other LenderLender Party, at its Domestic Lending Office specified in the Assignment and Assumption pursuant to which it became a LenderLender Party; if to the Administrative Collateral Agent, at its address at Xxxxx Fargo Bank629 Euclid Avenue, National AssociationLocator 01-3028, 0000 X Xxxxxxxxx, XX Xxxxxx Blvd, Charlotte, NC 28262, Mail Code: D1109-01900000, Attention: Syndication Agency Services Xxxxxxxx XxXxx (faxfacsimile 216-222-0192); and if to the Paying Agent, at its address at 629 Euclid Avenue, Locator 01-3028, Xxxxxxxxx, XX 00000, Attention: 000Xxxxxxx Xxxxxx (facsimile 216-000222-0000; telephone0012) and with respect to notices and/or deliveries pursuant to Section 5.03 with a copy to 000 Xxxx Xxxxx Xxxxxx, Suite 800, Fort Xxxxx, IN 46802, Attention: 000Xxxxx XxXxxxx (facsimile 260-000461-0000; email: xxxxxxxxxxxxxx.xxxxxxxx@xxxxxxxxxx.xxx6238); or, as to the Borrower or the Administrative Paying Agent, at such other address as shall be designated by such party in a written notice to the other parties and, as to each other party, at such other address as shall be designated by such party in a written notice to the Borrower and the Administrative Paying Agent. All such notices and other communications shall shall, when mailed, telegraphed, telecopied or telexed, be effective when deposited in the mails, delivered or received at the appropriate address or number to the attention of the appropriate individual telegraph company, transmitted by telecopier or departmentconfirmed by telex answerback, respectively, except that notices and communications to the Administrative any Agent pursuant to Article II, III or VII shall not be effective until received by the Administrative such Agent. Delivery by fax or electronic transmission telecopier of an executed counterpart of any amendment or waiver of any provision of this Agreement or the Notes or of any Exhibit hereto to be executed and delivered hereunder shall be effective as delivery of a manually an original executed counterpart thereof.

Appears in 2 contracts

Samples: Credit Agreement (Steel Dynamics Inc), Credit Agreement (Steel Dynamics Inc)

Notices, Etc. (a) The Borrower hereby agrees that any notice that is required to be delivered to it hereunder shall be delivered to the Borrower as set forth in this Section 8.02. All notices and other communications provided for hereunder shall be in writing (including faxtelegraphic, telecopy or telex communication) and mailed, faxed telegraphed, telecopied, telexed or delivered, if to any of the Borrower Borrowers, at its address at 0 Xxxxxxxxx Xxxxx000 Xxxx Xxxxxx Xxxxxx, Xxxxxxxx102-760, X.X. Xxx 0000, Xxxxxxxxxx, Xxxx 00000-0000, Attention: Treasurer (faxTreasurer, Telecopier No.: (000) -000-0000; telephone: (000) 000-0000; email: xxxxxxx@xxx.xxx), with a copy to the General Counsel (fax: (000) 000-0000; telephone: (000) 000-0000); if to any Initial LenderLender Party, at its Domestic Lending Office specified in opposite its Administrative Questionnairename on Schedule I hereto; if to any other LenderLender Party, at its Domestic Lending Office specified in the Assignment and Assumption Acceptance pursuant to which it became a LenderLender Party; if to the Syndication Agent, at its address at 0000Xxxxxxx Xxxxxxx, Xxxxx Xxxxx, Xxxxxxxxx, Xxxxxxxx 00000-0000, Attention: Xxxxxxx Xxxxxxx, Telecopier No.: (000) 000-0000, with a copy to Xxxxx Xxxx, One Independence Center, 000 X. Xxxxx St., Charlotte, NC 28255, Telecopier No.: 000-000-0000; and if to the Administrative Agent, at its 135 address at Xxxxx Fargo Bank000 Xxxxxxxxx Xxxxxx, National Association00xx Xxxxx, 0000 X Xxx Xxxx, XX Xxxxxx Blvd, Charlotte, NC 28262, Mail Code: D1109-01900000, Attention: Syndication Agency Services (faxXxxx Xxxxx; Telecopier No.: 000-000-0000; telephone: 000-000-0000; email: xxxxxxxxxxxxxx.xxxxxxxx@xxxxxxxxxx.xxx); or, as to the Borrower Borrowers or the Administrative Agent, at such other address as shall be designated by such party in a written notice to the other parties and, as to each other party, at such other address as shall be designated by such party in a written notice to the Borrower Borrowers and the Administrative Agent. All such notices and other communications shall shall, when mailed, telegraphed, telecopied or telexed, be effective when deposited in the mails, delivered or received at the appropriate address or number to the attention of the appropriate individual telegraph company, transmitted by telecopier or departmentconfirmed by telex answerback, respectively, except that notices and communications to the Administrative any Agent pursuant to Article II, III or VII VIII shall not be effective until received by the Administrative such Agent. Delivery by fax or electronic transmission telecopier of an executed counterpart of any amendment or waiver of any provision of this Agreement or the Notes or of any Exhibit hereto to be executed and delivered hereunder shall be effective as delivery of a manually an original executed counterpart thereof.

Appears in 2 contracts

Samples: Credit Agreement (Broadwing Communications Inc), Credit Agreement (Broadwing Inc)

Notices, Etc. (a) The Borrower hereby agrees that any notice that is required to be delivered to it hereunder shall be delivered to the Borrower as set forth Unless specifically provided otherwise in this Section 8.02. All Agreement, all notices and other communications provided for hereunder shall be in writing (including faxfacsimile) and maileddelivered by hand or overnight courier service, faxed mailed or deliveredsent by facsimile, if to the Borrower any Borrower, to it in care of FE at its address at 0 Xxxxxxxxx 00 Xxxxx Xxxx Xxxxxx, Xxxxx, Xxxxxxxx, Xxxx 00000, Attention: Treasurer (faxTreasurer, Facsimile: (000) 000-0000; telephone: (000) 000-0000; email: xxxxxxx@xxx.xxx), with a copy to the General Counsel (fax: (000) 000-0000; telephone: (000) 000-0000); if to any Initial LenderBank, at its Domestic DomesticApplicable Lending Office specified in opposite its Administrative Questionnairename on Schedule I hereto; if to any other Lender, at its Domestic DomesticApplicable Lending Office specified in the Assignment and Assumption pursuant to which it became a Lender; if to the Administrative Agent, at its address at Xxxxx Fargo at, Mizuho Bank, National AssociationLtd., Harborside Financial Center, 0000 X XX Xxxxx Xxx, Xxxxxx BlvdXxxx, Charlotte, NC 28262, Mail Code: D1109-019Xxx Xxxxxx 00000, Attention: Syndication Agency Services (faxXxxxx Xxxxxx, Phone: 000-000-0000, Email: ; telephone: 000-000-0000if to any Fronting Bank identified on Schedule II hereto, at the address specified opposite its name on Schedule II hereto; email: xxxxxxxxxxxxxx.xxxxxxxx@xxxxxxxxxx.xxx)if to any other Fronting Bank, at such address as shall be designated by such Fronting Bank in a written notice to the other parties; or, as to the Borrower or the Administrative Agenteach party, at such other address as shall be designated by such party in a written notice to the other parties andparties. Subject to the other notice requirements of this Agreement, as all notices and communications given to each other party, at such other address as any party hereto in accordance with the provisions of this Agreement shall be designated deemed to have been given on the date of receipt if delivered by hand or overnight courier service, mailed or sent by facsimile to such party and received during the normal business hours of such party as provided in a written notice to this Section 8.02 or in accordance with the Borrower and the Administrative Agentlatest unrevoked direction from such party given in accordance with this Section 8.02. All If such notices and communications are received after the normal business hours of such party, receipt shall be effective when delivered or received at deemed to have been given upon the appropriate address or number to the attention opening of the appropriate individual or department, except that notices and communications to the Administrative Agent pursuant to Article II, III or VII shall not be effective until received by the Administrative Agent. Delivery by fax or electronic transmission of an executed counterpart of any amendment or waiver of any provision of this Agreement or of any Exhibit hereto to be executed and delivered hereunder shall be effective as delivery of a manually executed counterpart thereofrecipient’s next Business Day.

Appears in 2 contracts

Samples: Credit Agreement (Firstenergy Corp), Credit Agreement (Firstenergy Corp)

Notices, Etc. (a) The Borrower hereby agrees that any notice that is required to be delivered to it hereunder shall be delivered to the Borrower as set forth in this Section 8.02. All notices and other communications provided for hereunder shall be in writing (including faxtelecopier) and mailedsent by a prepaid nationally recognized overnight courier, faxed telecopied, or delivered, if to the Borrower any Obligor, then to such Obligor in care of Pacific Drilling Services, Inc., at its address at 0 Xxxxxxxxx Xxxxxc/o Pacific Drilling Services, XxxxxxxxInc., 0000 Xxxx Xxx Xxxx., Xxxxx 0000, Xxxxxxx, XX 00000, Attention: Treasurer Johannes (faxXxxx) P. Boots, Vice President and Treasurer, Email: (000) 000-x.xxxxx@xxxxxxxxxxxxxxx.xxx, Fax: +0 000 000 0000; telephone: (000) 000-0000; email: xxxxxxx@xxx.xxx), with a copy to the General Counsel (fax: (000) 000-0000; telephone: (000) 000-0000); if to any Initial Lender, at its Domestic Lending Office specified in opposite its Administrative Questionnairename on Schedule I hereto; if to any other Lender, at its Domestic Lending Office specified in the Assignment and Assumption Acceptance pursuant to which it became a Lender; if to the Administrative Agent, at its address c/o Citibank, N.A. at Xxxxx Fargo Bank000 Xxxxxxxxx Xxxxxx, National AssociationXxx Xxxx, 0000 X XX Xxxxxx Blvd, Charlotte, NC 28262, Mail Code: D1109-01900000, Attention: Syndication Agency Services (faxXxxxxx X. Xxxxxxx, Fax: 000-000-+0 000 000 0000; telephone: 000-000-0000; email: xxxxxxxxxxxxxx.xxxxxxxx@xxxxxxxxxx.xxx)if to the Issuing Bank, at its Notice Office specified opposite its name on Schedule I hereto; or, as to the Borrower PDL or the Administrative Agent, at such other address as shall be designated by such party in a written notice to the other parties and, as to each other party, at such other address as shall be designated by such party in a written notice to the Borrower PDL and the Administrative Agent. All such notices and communications shall shall, when mailed, sent by a nationally recognized overnight courier, or telecopied, be effective when deposited in the mails, delivered to such courier, or received at the appropriate address or number to the attention of the appropriate individual or departmenttelecopied, respectively, except that notices and communications to the Administrative Agent pursuant to Article II, III or VII VIII shall not be effective until received by the Administrative Agent, as the case may be. Delivery by fax or electronic transmission telecopier of an executed counterpart of any amendment or waiver of any provision of this Agreement or of any Exhibit hereto to be executed and delivered hereunder shall be effective as delivery of a manually executed counterpart thereof. If any one or more Obligors are required herein to furnish or deliver any documents or notices such obligations shall be satisfied with respect to such Obligor to the extent such documents or notices are delivered or furnished by any other Obligor in the name of such Obligor or by and on behalf of any one or more of the Obligors in the name of such Obligor. Any notice or other communication by any one or more Obligors in connection herewith may be effectuated in the same manner. Each Obligor hereby irrevocably authorizes each other Obligor to deliver notices and documents on its behalf as provided in this paragraph. The Obligors agree that the Administrative Agent may make any communication available to the Lenders and the Issuing Bank by posting the communications on Intralinks, Fixed Income Direct or a substantially similar electronic transmission systems (the “Platform”). The Obligors acknowledge that the distribution of material through an electronic medium is not necessarily secure and that there are confidentiality and other risks associated with such distribution. THE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE.” THE AGENT PARTIES (AS DEFINED BELOW) DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF ANY COMMUNICATIONS, OR THE ADEQUACY OF THE PLATFORM AND EXPRESSLY DISCLAIM LIABILITY FOR ERRORS OR OMISSIONS IN ANY COMMUNICATIONS. 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 THE AGENT PARTIES IN CONNECTION WITH ANY COMMUNICATIONS OR THE PLATFORM. IN NO EVENT SHALL THE ADMINISTRATIVE AGENT OR ANY OF ITS RESPECTIVE AFFILIATES OR ANY OF THE RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, ADVISORS OR REPRESENTATIVES OF THE ADMINISTRATIVE AGENT OR ITS RESPECTIVE AFFILIATES (COLLECTIVELY, “AGENT PARTIES”) HAVE ANY LIABILITY TO ANY LENDER PARTY, ANY OBLIGOR 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 TRANSMISSION BY ANY OBLIGOR, ANY LENDER PARTY, ANY OF THE AGENT PARTIES OR ANY OTHER PERSON OF ANY COMMUNICATIONS THROUGH THE INTERNET, EXCEPT TO THE EXTENT THE LIABILITY OF ANY AGENT PARTY IS FOUND IN A FINAL NON-APPEALABLE JUDGMENT BY A COURT OF COMPETENT JURISDICTION TO HAVE RESULTED PRIMARILY FROM SUCH AGENT PARTY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. The Administrative Agent agrees that the receipt of any communications by the Administrative Agent at its email address set forth above shall constitute effective delivery of such communications to the Administrative Agent for purposes of the Loan Documents. Each Lender Party agrees that notice to it (as provided in the next sentence) specifying that any communications have been posted to the Platform shall constitute effective delivery of such communications to such Lender for purposes of the Loan Documents. Each Lender Party agree to notify the Administrative Agent in writing (including by electronic communication) from time to time of such Lender Party’s email address to which the foregoing notice may be sent by electronic transmission and (ii) that the foregoing notice may be sent to such email address.

Appears in 2 contracts

Samples: And Guaranty Agreement (Pacific Drilling S.A.), And Guaranty Agreement (Pacific Drilling S.A.)

Notices, Etc. (a) The Borrower hereby agrees that any notice that is required to be delivered to it hereunder shall be delivered to the Borrower as set forth in this Section 8.02. All notices and other communications provided for hereunder shall be in writing (including faxtelecopier or telegraphic communication) and mailed, faxed telecopied, telegraphed or delivered, if to the Borrower Borrower, at its address at 0 Xxxxxxxxx Xxxxx00 Xxxx Xxxxx Xxxxxx, XxxxxxxxXxxxxx Xxxx, Xxxx Xxxxxxxx 00000, Attention: Treasurer (faxTreasurer, Telecopy No.: (000) 000-0000; telephone: (000) 000-0000; email: xxxxxxx@xxx.xxx), with a copy to the General Counsel (fax: (000) 000-0000; telephone: (000) 000-0000); if to any Initial LenderLender party to this Agreement as of the date hereof, at its Domestic Lending Office specified in opposite its Administrative Questionnairename on Schedule I hereto; if to any other Lender, at its Domestic Lending Office specified in the Assignment and Assumption Acceptance pursuant to which it became a Lender; and if to the Administrative Agent, at its address at Xxxxx Fargo BankEleven Xxxxxxx Xxxxxx, National AssociationXxx Xxxx, 0000 X XX Xxxxxx Blvd, Charlotte, NC 28262, Mail Code: D1109Xxx Xxxx 00000-0190000, Attention: Syndication Agency Services Department Manager, Telecopy No.: (fax: 000-) 000-0000; telephone: 000-000-0000; email: xxxxxxxxxxxxxx.xxxxxxxx@xxxxxxxxxx.xxx); or, as to the Borrower or the Administrative Agent, at such other address as shall be designated by such party in a written notice to the other parties and, as to each other party, at such other address as shall be designated by such party in a written notice to the Borrower and the Administrative Agent. All such notices and communications shall shall, when mailed, telecopied or telegraphed, be effective when deposited in the mails, telecopied or delivered or received at the appropriate address or number to the attention of the appropriate individual or departmenttelegraph company, respectively, except that notices and communications to the Administrative Agent pursuant to Article II, III or VII shall not be effective until received by the Administrative Agent. Delivery by fax or electronic transmission telecopier of an executed counterpart of any amendment or waiver of any provision of this Agreement Agreement, the Notes or any other Loan Document or of any Exhibit hereto and thereto to be executed and delivered hereunder and thereunder shall be effective as delivery of a manually executed counterpart thereof. Electronic mail and internet websites may be used only to distribute routine information such as financial statements and other information as provided in Section 5.01(a), (b) and (g) and to distribute this Agreement and the other Loan Documents for execution by the parties thereto, and may not be used for any other purpose, except as agreed to by the Administrative Agent.

Appears in 2 contracts

Samples: Credit Agreement (Aquila Inc), Revolving Credit Agreement (Aquila Inc)

Notices, Etc. (a) The Borrower hereby agrees that any notice that is required to be delivered to it hereunder shall be delivered to the Borrower as set forth in this Section 8.02. All notices and other communications provided for hereunder shall be in writing (including faxtelecopier, telegraphic, telex or cable communication) and mailed, faxed telecopied, telegraphed, telexed, cabled or delivered, if to the Borrower Borrower, at its address at 0 Xxxxxxxxx Xxxxx000 Xxxxxx Xxxxxx, XxxxxxxxXxx Xxxxxxx, Xxxx XX 00000, Email: xxxxxxx@xxxxxxx.xxx, Attention: Treasurer (fax: (000) 000-0000; telephone: (000) 000-0000; email: xxxxxxx@xxx.xxx), with a copy to the General Counsel (fax: (000) 000-0000; telephone: (000) 000-0000)Assistant Treasurer; if to any Initial LenderBank or LC Issuing Bank, at its Domestic Lending Office specified in opposite its Administrative Questionnairename on Schedule I hereto; if to any other Lender, at its Domestic Lending Office specified in the Assignment and Assumption Acceptance pursuant to which it became a Lender; Lender and if to the Administrative Agent, at its address at Xxx Xxxxx Fargo BankXxx, National AssociationXxxxx 000, 0000 X XX Xxxxxx BlvdXxx Xxxxxx, Charlotte, NC 28262, Mail Code: D1109-019Xxxxxxxx 00000, Attention: Syndication Agency Services Bank Loan Syndications, Xxxxx Xxxxxx (faxTelephone: 000-000-0000; telephone, Telecopier: 000-000-0000; email, Email: xxxxxxxxxxxxxx.xxxxxxxx@xxxxxxxxxx.xxx)xxxxx.x.xxxxxx@xxxx.xxx; or, as to the Borrower or the Administrative Agenteach party, at such other address as shall be designated by such party in a written notice to the other parties and, as to each other party, at such other address as shall be designated by such party in a written notice to the Borrower and the Administrative Agentparties. All such notices and communications shall shall, when mailed, telecopied, telegraphed, telexed or cabled, be effective when deposited in the mails, telecopied, delivered or received at the appropriate address or number to the attention of telegraph company, confirmed by telex answerback or delivered to the appropriate individual or departmentcable company, respectively, except that notices and communications to the Administrative Agent pursuant to Article II, III II or VII shall not be effective until received by the Administrative Agent. Delivery Except as otherwise provided in Section 5.01(c), notices and other communications given by fax or electronic transmission of an executed counterpart of any amendment or waiver of any provision of this Agreement or of any Exhibit hereto the Borrower to be executed and delivered hereunder the Administrative Agent shall be effective as delivery of a manually executed counterpart thereofdeemed given to the Lenders.

Appears in 2 contracts

Samples: Credit Agreement (Entergy Gulf States Inc), Assumption Agreement (Entergy Gulf States Inc)

Notices, Etc. (a) The Borrower hereby agrees that any notice that is required to be delivered to it hereunder shall be delivered to the Borrower as set forth in this Section 8.02. All notices and other communications provided for hereunder shall be in writing (including faxtelecopier or telegraphic communication) and mailed, faxed telecopied, telegraphed or delivered, if to the Borrower any Borrowers, at its address at 0 Xxxxxxxxx Xxxxx00 Xxxxx Xxxxx Xxxxxx, XxxxxxxxSuite 1900, Xxxx 00000Jacksonville, Florida 32202, Attention: Treasurer (faxTreasurer, Telecopy No.: (000) 000-0000; telephone: (000) 000-0000; email: xxxxxxx@xxx.xxx), with a copy to the General Counsel (faxto: (000) 000-0000; telephone: (000) 000-0000)Corporate Secretary; if to any Initial LenderLender party to this Agreement as of the date hereof, at its Domestic Lending Office specified in opposite its Administrative Questionnairename on Schedule I hereto; if to any other Lender, at its Domestic Lending Office specified in the Assignment and Assumption Acceptance pursuant to which it became a Lender; and if to the Administrative Agent, at its address at Xxxxx Fargo BankEleven Xxxxxxx Xxxxxx, National AssociationXxx Xxxx, 0000 X XX Xxxxxx Blvd, Charlotte, NC 28262, Mail Code: D1109Xxx Xxxx 00000-0190000, Attention: Syndication Agency Services Xxxxxx Xxxxx, Telecopy No.: (fax: 000-) 000-0000; telephone: 000-000-0000; , email: xxxxxxxxxxxxxx.xxxxxxxx@xxxxxxxxxx.xxx)xxxxxx.xxxxx@xxxxxx-xxxxxx.xxx; or, as to the any Borrower or the Administrative Agent, at such other address as shall be designated by such party in a written notice to the other parties and, as to each other party, at such other address as shall be designated by such party in a written notice to the each Borrower and the Administrative Agent. All such notices and communications shall shall, when mailed, telecopied or telegraphed, be effective when deposited in the mails, telecopied or delivered or received at the appropriate address or number to the attention of the appropriate individual or departmenttelegraph company, respectively, except that notices and communications to the Administrative Agent pursuant to Article II, III or VII shall not be effective until received by the Administrative Agent. Delivery by fax or electronic transmission telecopier of an executed counterpart of any amendment or waiver of any provision of this Agreement Agreement, the Notes or any other Loan Document or of any Exhibit hereto and thereto to be executed and delivered hereunder and thereunder shall be effective as delivery of a manually executed counterpart thereof. Electronic mail and intranet websites may be used only to distribute routine information such as financial statements and other information as provided in Section 5.01(k), and to distribute Loan Documents for execution by the parties thereto, and may not be used for any other purpose, except as agreed to by the Administrative Agent.

Appears in 2 contracts

Samples: Subsidiary Guarantee Agreement (Rayonier Inc), Credit Agreement (Rayonier Inc)

Notices, Etc. (a) The Borrower hereby agrees that any notice that is required to be delivered to it hereunder shall be delivered to the Borrower as set forth in this Section 8.029.02. All notices and other communications provided for hereunder shall be in writing (including fax) and mailed, faxed or delivered, if to the Borrower Borrower, to it in care of AEP at its address at 0 Xxxxxxxxx Xxxxx, Xxxxxxxx, Xxxx 00000, Attention: Treasurer (fax: (000) -000-0000; telephone: (000) -000-0000; email: xxxxxxx@xxx.xxxxxxxxx@xxx.xxx), with a copy to the General Counsel (fax: (000) -000-0000; telephone: (000) -000-0000); if to any Initial Lender, at its Domestic Lending Office specified in its Administrative Questionnaire; if to any other Lender, at its Domestic Lending Office specified in the Assignment and Assumption pursuant to which it became a Lender; if to the Administrative Agent, at its address at Xxxxx Fargo Mizuho Bank, National AssociationLtd. New York Branch, Harborside Financial Center, 0000 X XX Xxxxx Xxx, Xxxxxx BlvdXxxx, CharlotteXxx Xxxxxx 00000-0000, NC 28262, Mail CodeAttn: D1109-019, Attention: Syndication Agency Services Xxxxx Xxxxxxxxx (fax: 000-000-0000; telephone: 000-000-0000; email: xxxxxxxxxxxxxx.xxxxxxxx@xxxxxxxxxx.xxxxxx_xxxxx@xxxxxxxxxx.xxx); or, as to the Borrower or the Administrative Agent, at such other address as shall be designated by such party in a written notice to the other parties and, as to each other party, at such other address as shall be designated by such party in a written notice to the Borrower and the Administrative Agent. All such notices and communications shall be effective when delivered or received at the appropriate address or number to the attention of the appropriate individual or department, except that notices and communications to the Administrative Agent pursuant to Article II, III or VII shall not be effective until received by the Administrative Agent. Delivery by fax or electronic transmission of an executed counterpart of any amendment or waiver of any provision of this Agreement or of any Exhibit hereto to be executed and delivered hereunder shall be effective as delivery of a manually executed counterpart thereof.

Appears in 1 contract

Samples: Term Credit Agreement (AEP Transmission Company, LLC)

Notices, Etc. (a) The Borrower hereby agrees that any notice that is required to be delivered to it hereunder shall be delivered to the Borrower as set forth in this Section 8.02. All notices and other communications provided for hereunder shall be either (x) in writing (including faxtelecopier communication) and mailed, faxed telecopied or delivereddelivered or (y) as and to the extent set forth in Section 8.02(b) and in the proviso to this Section 8.02(a), if to the Borrower Borrower, at its address at 0 Xxxxxxxxx Oxx Xxxxxxxx Xxxxxxxxxx Xxxxx, Xxxxxxxx, Xxx Xxxx 00000-0000, Attention: Treasurer (faxTelecopier: (000) 000-0000; telephone, Attention: General Treasurer, with a copy (other than in the case of administrative notices) to Attention: General Counsel, Telecopier (000) 000-0000; email: xxxxxxx@xxx.xxx), with a copy to the General Counsel (fax: (000) 000-0000; telephone: (000) 000-0000); if to any Initial LenderBank, at its Domestic Lending Office specified in opposite its Administrative Questionnairename on Schedule I hereto; if to any other Lender, at its Domestic Lending Office specified in the Assumption Agreement or the Assignment and Assumption Acceptance pursuant to which it became a Lender; and if to the Administrative Agent, at its address at Txx Xxxxx Fargo BankXxx, National AssociationXxx Xxxxxx, 0000 X XX Xxxxxx Blvd, Charlotte, NC 28262, Mail Code: D1109-019Xxxxxxxx 00000, Attention: Syndication Agency Services (fax: 000-000-0000; telephone: 000-000-0000; email: xxxxxxxxxxxxxx.xxxxxxxx@xxxxxxxxxx.xxx)Bank Loan Syndications Department; or, as to the Borrower or the Administrative Agent, at such other address as shall be designated by such party in a written notice to the other parties and, as to each other party, at such other address as shall be designated by such party in a written notice to the Borrower and the Administrative Agent, provided that materials required to be delivered pursuant to Section 5.01(i)(i) and (ii) shall be delivered to the Agent as specified in Section 8.02(b) or as otherwise specified to the Borrower by the Agent. All such notices and communications shall shall, when mailed, telecopied or e-mailed, be effective when delivered deposited in the mails, telecopied or received at the appropriate address or number to the attention of the appropriate individual or departmentconfirmed by e-mail, respectively, except that notices and communications to the Administrative Agent pursuant to Article II, III or VII shall not be effective until received by the Administrative Agent. Delivery by fax or electronic transmission telecopier of an executed counterpart of any amendment or waiver of any provision of this Agreement or the Notes or of any Exhibit hereto to be executed and delivered hereunder shall be effective as delivery of a manually executed counterpart thereof.

Appears in 1 contract

Samples: Credit Agreement (Ca, Inc.)

Notices, Etc. (a) The Borrower hereby agrees that any notice that is required to be delivered to it hereunder shall be delivered to the Borrower as set forth in this Section 8.02. All notices and other communications provided for hereunder shall be in writing (including faxtelecopy, telegraphic, telex or cable communication) and mailed, faxed telecopied, telegraphed, telexed, cabled or delivered, if to any Bank, as specified opposite its name on Schedule I hereto or specified pursuant to Section 8.6(a); if to the Borrower at Borrower, as specified opposite its name on Schedule II hereto; and if to Citibank, as Administrative Agent, to its address at 0 Xxxxxxxxx Xxxxx399 Xxxx Xxxxxx, XxxxxxxxXxx Xxxx, Xxx Xxxx 00000, Attention: Treasurer (faxxelecopier number: (302) 000-0000), Xttention: Bilax Xxxx, xxth a copy to Citicorp North America, Inc., 1200 Xxxxx Xxxxxx, Suite 2000, Houston, Texas 77002 (telecopier number: (713) 000-0000; telephonexxlex number 127001 (Attn: (000) 000-0000; email: xxxxxxx@xxx.xxxRoute Code HOUAA), with a copy to the General Counsel (fax: (000) 000-0000; telephone: (000) 000-0000); if to any Initial Lender, at its Domestic Lending Office specified in its Administrative Questionnaire; if to any other Lender, at its Domestic Lending Office specified in the Assignment and Assumption pursuant to which it became a Lender; if to the Administrative Agent, at its address at Xxxxx Fargo Bank, National Association, 0000 X XX Xxxxxx Blvd, Charlotte, NC 28262, Mail Code: D1109-019, Attention: Syndication Agency Services (fax: 000-000-0000; telephone: 000-000-0000; email: xxxxxxxxxxxxxx.xxxxxxxx@xxxxxxxxxx.xxx); The Willxxxx Xxxpanies, Inc. Account Officer, or, as to the Borrower or the Administrative Agent, at such other address as shall be designated by such party in a written notice to the other parties and, as to each other party, at such other address as shall be designated by such party in a written notice to the Borrower and the Administrative Agent. All such notices and communications shall shall, when mailed, telecopied, telegraphed, telexed or cabled, be effective when delivered or received at in the appropriate address or number mail, sent by telecopier to any party to the attention of telecopier number as set forth herein or on Schedule I or Schedule II or specified pursuant to Section 8.6(a) (or other telecopy number specified by such party in a written notice to the appropriate individual other parties hereto), delivered to the telegraph company, telexed to any party to the telex number set forth herein or departmenton Schedule I or Schedule II or specified pursuant to Section 8.6(a) (or other telex number designated by such party in a written notice to the other parties hereto), confirmed by telex answerback, or delivered to the cable company, respectively, except that notices and communications to the Administrative Agent pursuant to Article II, III or VII shall not be effective until received by the Administrative Agent. Any notice or communication to a Bank shall be deemed to be a notice or communication to any SPC designated by such Bank and no further notice to an SPC shall be required. Delivery by fax or electronic transmission telecopier of an executed counterpart of this Agreement or of any amendment or waiver of any provision of this Agreement or of any Schedule or Exhibit hereto to be executed and delivered hereunder shall be effective as delivery of a manually executed counterpart thereof.

Appears in 1 contract

Samples: Credit Agreement (Williams Companies Inc)

Notices, Etc. (ai) The Borrower hereby agrees that any notice that is required to be delivered to it hereunder shall be delivered to the Borrower as set forth in this Section 8.02. All notices Notices and other communications provided for hereunder shall be either (i) in writing (including faxtelecopier, telegraphic or telex communication) and mailed, faxed telecopied or deliveredotherwise delivered or (ii) as and to the extent set forth in Section 8.02(b) and in the proviso to this Section 8.02(a), if to the Borrower Borrower, at its address at 0 Xxxxxxxxx Allegheny Energy Supply Company, LLC, 000 Xxxxx Xxxx Xxxxx, XxxxxxxxXxxxxxxxxx, Xxxx XX 00000, Attention: Treasurer (faxFax: (000) 000-0000; telephone, Attention: (000) 000-0000; email: xxxxxxx@xxx.xxx), with a copy to the General Counsel (fax: (000) 000-0000; telephone: (000) 000-0000)and Chief Financial Officer; if to any Initial Lender, at its Domestic Lending Office specified in its Administrative Questionnaire; if to the Initial Issuing Bank, any other LenderLender or any Issuing Bank, at its Domestic Lending Office specified in the Assignment Office; and Assumption pursuant to which it became a Lender; if to the Administrative Agent, at its address at Xxx Xxxxx Fargo BankXxx, National AssociationXxx Xxxxxx, 0000 X XX Xxxxxx Blvd, Charlotte, NC 28262, Mail Code: D1109-01900000, Attention: Syndication Agency Services (fax: 000-000-0000; telephone: 000-000-0000; email: xxxxxxxxxxxxxx.xxxxxxxx@xxxxxxxxxx.xxx)Bank Loan Syndications Department; or, as to the Borrower or the Administrative Agent, at such other address as shall be designated by such party the Borrower or the Administrative Agent, as the case may be, in a written notice to the other parties and, as to each other party, at such other address as shall be designated by such party in a written notice to the Borrower and the Administrative Agent, provided that materials required to be delivered pursuant to Section 5.04 shall be delivered to the Administrative Agent as specified in Section 8.02(b) or as otherwise specified to the Borrower by the Administrative Agent. All such notices and communications shall shall, when mailed, telecopied, telegraphed or e-mailed, be effective when deposited in the mails, telecopied, delivered or received at the appropriate address or number to the attention of the appropriate individual telegraph company or departmentconfirmed by e-mail, respectively, except that notices and communications to the Administrative Agent pursuant to Article II, Article III or Article VII shall not be effective until received by the Administrative Agent. Delivery by fax or electronic transmission telecopier of an executed counterpart of any amendment or waiver of any provision of this Agreement or the Notes or of any Exhibit hereto to be executed and delivered hereunder shall be effective as delivery of a manually executed counterpart thereof.

Appears in 1 contract

Samples: Assignment and Assumption Agreement (Allegheny Energy, Inc)

Notices, Etc. (a) The Borrower hereby agrees that any notice that is required to be delivered to it hereunder shall be delivered to the Borrower as set forth in this Section 8.02. All notices and other communications provided for hereunder shall be in writing (including faxtelecopier, telegraphic, telex or cable communication) and mailed, faxed telecopied, telegraphed, telexed, cabled or delivered, if to the Borrower Borrower, at its address at 0 Xxxxxxxxx Xxxxx000 Xxxxxx Xxxxxx, XxxxxxxxXxx Xxxxxxx, Xxxx XX 00000, Email: xxxxxxx@xxxxxxx.xxx, Attention: Treasurer (fax: (000) 000-0000; telephone: (000) 000-0000; email: xxxxxxx@xxx.xxx), with a copy to the General Counsel (fax: (000) 000-0000; telephone: (000) 000-0000)Treasurer; if to any Initial LenderBank or LC Issuing Bank, at its Domestic Lending Office specified in opposite its Administrative Questionnairename on Schedule I hereto; if to any other Lender, at its Domestic Lending Office specified in the Assignment and Assumption Acceptance pursuant to which it became a Lender; Lender and if to the Administrative Agent, at its address at Xxx Xxxxx Fargo BankXxx, National AssociationXxxxx 000, 0000 X XX Xxxxxx BlvdXxx Xxxxxx, Charlotte, NC 28262, Mail Code: D1109-019Xxxxxxxx 00000, Attention: Syndication Agency Services Bank Loan Syndications, Xxxxxxxxxx Xxxxx (faxTelephone: 000-000-0000; telephone, Telecopier: 000-000-0000; email, Email: xxxxxxxxxxxxxx.xxxxxxxx@xxxxxxxxxx.xxx)xxxxxxxxxx.xxxxx@xxxxxxxxx.xxx; or, as to the Borrower or the Administrative Agenteach party, at such other address as shall be designated by such party in a written notice to the other parties and, as to each other party, at such other address as shall be designated by such party in a written notice to the Borrower and the Administrative Agentparties. All such notices and communications shall shall, when mailed, telecopied, telegraphed, telexed or cabled, be effective when deposited in the mails, telecopied, delivered or received at the appropriate address or number to the attention of telegraph company, confirmed by telex answerback or delivered to the appropriate individual or departmentcable company, respectively, except that notices and communications to the Administrative Agent pursuant to Article II, III II or VII shall not be effective until received by the Administrative Agent. Delivery Except as otherwise provided in Section 5.01(c), notices and other communications given by fax or electronic transmission of an executed counterpart of any amendment or waiver of any provision of this Agreement or of any Exhibit hereto the Borrower to be executed and delivered hereunder the Administrative Agent shall be effective as delivery of a manually executed counterpart thereofdeemed given to the Lenders.

Appears in 1 contract

Samples: Credit Agreement (Entergy Corp /De/)

Notices, Etc. (a) The Borrower hereby agrees that any notice that is required to be delivered to it hereunder shall be delivered to the Borrower as set forth in this Section 8.02. All notices and other communications provided for hereunder shall be in writing (including faxtelegraphic, telecopy or telex communication) and mailed, faxed telegraphed, telecopied, telexed or delivered, if to the Borrower Borrower, at its address at 0 0000 Xxx Xxxx Xxxx, Xxxxxxxxx, Xxxxxxxxx Xxxxx, Xxxxxxxx, Xxxx 00000, Attention: Treasurer 00000 (faxTelecopier No.: (000) 000-0000; telephone, Attention: (000) 000-0000; email: xxxxxxx@xxx.xxx)X. X. XxXxxxxx, with a copy to the General Counsel (fax: (000) 000-0000; telephone: (000) 000-0000)Xx.; if to any Initial LenderLender or the Initial Issuing Bank, at its Domestic Lending Office specified in opposite its Administrative Questionnairename on Schedule I hereto; if to any other LenderLender Party, at its Domestic Lending Office specified in the Assignment and Assumption Acceptance pursuant to which it became a LenderLender Party; and if to the Administrative Agent, at its address at 000 Xxxxx Fargo BankXxxxxx, National Association, 0000 X XX Xxxxxx BlvdIndependence Center, Charlotte, NC 28262, Mail Code: D1109-01928255, Attention: Syndication Agency Services (faxCorporate Credit Services, Ref: 000-000-0000Shoney's; telephone: 000-000-0000; email: xxxxxxxxxxxxxx.xxxxxxxx@xxxxxxxxxx.xxx); or, as to each party, at such other address as shall be designated by such party in a written notice to the other parties or, as to the Borrower or the Administrative Agent, at such other address as shall be designated by such party in a written notice to the other parties and, as to each other party, at such other address as shall be designated by such party in a written notice to the Borrower and the Administrative Agent. All such notices and other communications shall shall, when mailed, telegraphed, telecopied or telexed, be effective three days after being deposited in the mails, or, if sent by overnight courier, on the first Business Day following the day of delivery to the overnight courier, or when delivered or received at the appropriate address or number to the attention of the appropriate individual telegraph company, transmitted by telecopier or departmentconfirmed by telex answerback, respectively, except that notices and communications to the Administrative Agent pursuant to Article II, III or VII shall not be effective until received by the Administrative Agent. Delivery by fax or electronic transmission telecopier of an executed counterpart of any amendment or waiver of any provision of this Agreement or the Notes or of any Exhibit hereto to be executed and delivered hereunder shall be effective as delivery of a manually executed counterpart thereof.

Appears in 1 contract

Samples: Credit Agreement (Shoneys Inc)

Notices, Etc. (a) The Borrower hereby agrees that any notice that is required to be delivered to it hereunder shall be delivered to the Borrower Except as set forth otherwise provided in this Section 8.02. All 2.02, all notices and other communications provided for hereunder shall be in writing (including faxtelecopy communication confirmed by mail or delivery) and mailed, faxed telecopied, e-mailed or delivered, if to the Borrower Borrower, at its address at 0 Xxxxxxxxx 0000 Xxxxx Xxxxxxx Xxxxxx, Xxxxx, Xxxxxxxx, Xxxx Xxxxxxxx 00000, Attention: Treasurer (fax: Xxxx X. Xxxxxxxx, telephone (000) 000-0000; telephone: , telecopier (000) 000-0000; email, e-mail address: xxxxxxx@xxx.xxx)xxxx.xxxxxxxx@xxxx.xxx, with a copy to R. Xxxxxxx Xxxxx, Esq. at the General Counsel (fax: same address, telephone (000) 000-0000; telephone: , telecopier (000) 000-0000), email address: xx.xxxxx@xxxx.xxx; if to any Initial Lender, at its Domestic Lending Office specified in opposite its Administrative Questionnairename on Schedule I hereto; if to any other Lender, Lender at its Domestic Lending Office specified in the Assignment and Assumption Acceptance pursuant to which it became a Lender; and if to the Citibank as Administrative Agent, at its address at Xxxxx Fargo Bank000 Xxxxxxxxx Xxxxxx, National Association00xx Xxxxx, 0000 X XX Xxxxxx BlvdXxx Xxxx, CharlotteXxx Xxxx, NC 28262, Mail Code: D1109-01900000, Attention: Syndication Agency Services Xxxxxxx Xxxxxxx, telephone (fax: 000-) 000-0000; telephone: , telecopier (000-) 000-0000; email, e-mail address: xxxxxxxxxxxxxx.xxxxxxxx@xxxxxxxxxx.xxx)xxxxxx.x.xxxxxx@xxxxxxxxx.xxx; or, as to the Borrower or the Administrative Agentany party, at such other telecopy number or address as shall be designated by such party in a written notice to the other parties and, as to each other party, at such other address as shall be designated by such party in a written notice to the Borrower and the Administrative Agentparties. All such notices and other communications shall shall, when mailed, telecopied, e-mailed or delivered, be effective when delivered deposited in the mails, e-mailed or received at the appropriate address or number to the attention of the appropriate individual or departmenttransmitted by telecopier, respectively, except that notices and communications to the Administrative Agent pursuant to Article II, III or VII shall not be effective until received by the Administrative Agent. Delivery by fax or electronic transmission telecopier of an executed counterpart of any amendment or waiver of any provision of this Agreement or the Notes or of any Exhibit hereto to be executed and delivered hereunder shall be effective as delivery of a manually an original executed counterpart thereof.

Appears in 1 contract

Samples: Term Loan Agreement (Alliance Resource Partners Lp)

Notices, Etc. (a) The Borrower hereby agrees that any notice that is required to be delivered to it hereunder shall be delivered to the Borrower as set forth in this Section 8.02. All notices and other communications provided for hereunder shall be in writing (including faxtelegraphic or telecopy communication) and mailed, faxed telegraphed, telecopied or delivered, if to the Borrower or any Guarantor, at its the Borrower’s address at 0 Xxxxxxxxx Xxxxx4000 Xxxx Xxxxxx, XxxxxxxxToledo, Xxxx 00000Ohio 43615, Attention: Treasurer (fax: Treasurer, as well as to the attention of the general counsel of the Borrower at the Borrower’s address, fax number (000) 000-0000; telephone: (000) 000-0000; email: xxxxxxx@xxx.xxx), with a copy to the General Counsel (fax: (000) 000-0000; telephone: (000) 000-0000); if to any Initial Lender, at its Domestic Applicable Lending Office Office, respectively, specified in opposite its Administrative Questionnairename on Schedule I hereto; if to any other Lender, at its Domestic Applicable Lending Office specified in the Assignment and Assumption Acceptance pursuant to which it became a Lender; if to the Administrative Agent, at its address at Xxxxx Fargo Bank300 Xxxxxxxxx Xxxxxx, National AssociationXxx Xxxx, 0000 X XX Xxxxxx BlvdXxx Xxxx 00000, Charlotte, NC 28262, Mail Code: D1109fax number (000) 000-0190000, Attention: Syndication Agency Services Sxxxxxxxx Xxxxx, as well as to Shearman & Sterling, counsel to the Administrative Agent, at its address at 500 Xxxxxxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000, fax number (fax: 000-) 000-0000; telephone, Attention: 000-000-0000; email: xxxxxxxxxxxxxx.xxxxxxxx@xxxxxxxxxx.xxx)Mxxxx X’Xxxxxxxx, Esq.; or, as to the Borrower Borrower, any Guarantor or the Administrative Agent, at such other address as shall be designated by such party in a written notice to the other parties and, as to each other party, at such other address as shall be designated by such party in a written notice to the Borrower and the Administrative Agentparties. All such notices and communications shall shall, when mailed, telegraphed or telecopied, be effective when three Business Days after being deposited in the U.S. mails, first class postage prepaid, delivered or received at the appropriate address or number to the attention of the appropriate individual telegraph company or departmentconfirmed as received when sent by telecopier, respectively, except that notices and communications to the Administrative Agent pursuant to Article II, III or VII shall not be effective until received by the Administrative Agent. Delivery by fax or electronic transmission telecopier of an executed counterpart of any amendment or waiver of any provision of this Agreement or the Notes or of any Exhibit hereto to be executed and delivered hereunder shall be effective as delivery of a manually executed counterpart thereof.

Appears in 1 contract

Samples: Term Facility Credit and Guaranty Agreement (Dana Holding Corp)

Notices, Etc. (a) The Borrower hereby agrees that any notice that is required to be delivered to it hereunder shall be delivered to the Borrower as set forth in this Section 8.02. All notices and other communications provided for hereunder shall be in writing (including faxtelecopy communication) and mailed, faxed telecopied or delivered, delivered if to the Borrower at its address at 0 Xxxxxxxxx Borrower: 10400 Fernwood Road Bethesda, Mxxxxxxx 00000 Xxxxxxxxx: Xxxxxx X. Xxxxx, XxxxxxxxXeneral Counsel Xxxxxxxx xxxxer: (301) 380-1092 with a copy to: Xxxxxx Xxxxx, Xxxx 00000Treasurer Sodexho Xxxxxxxx Xxerations, Attention: Treasurer (faxInc. 10400 Fernwood Road Bethesda, Mxxxxxxx 00000 Xxxxxxxx xxxxxx: (000) 000-0000; telephone0074 and: Davis Polx & Xxxxxxxx 450 Lexinxxxx Xxxxxe New York, Xxx Xxxx 00000 Xxxxxxxxx: Xxxxxxxx X. Xxxxxx, Esq. Telecoxx xxxxxx: (000) 000450-0000; email: xxxxxxx@xxx.xxx), with a copy to the General Counsel (fax: (000) 000-0000; telephone: (000) 000-0000); 4800 if to any Initial Lender, at its Domestic Lending Office Domestxx Xxxxxxx Xxxice specified in opposite its Administrative Questionnairename on Schedule I hereto; if to any other LenderLender Party, at its Domestic Lending Office specified in the Assignment and Assumption Acceptance pursuant to which it became a LenderLender Party; and if to the Administrative Agent: 1221 Avenue of the Americas New York, at its address at Xxxxx Fargo Bank, National Association, 0000 X XX Xxxxxx Blvd, Charlotte, NC 28262, Mail CodeNew York 10020 Attentxxx: D1109-019, AttentionXxxxxxxxx X. Xxxx Telecopy numbxx: Syndication Agency Services (fax: 000) 000-000-0000; telephone: 000-000-0000; email: xxxxxxxxxxxxxx.xxxxxxxx@xxxxxxxxxx.xxx); 0063 or, as to the Borrower or the Administrative AgentAdministrxxxxx Xxxxx, at xt such other address as shall be designated by such party in a written notice to the other parties and, as to each other party, at such other address as shall be designated by such party in a written notice to the Borrower and the Administrative Agent. All such notices and communications shall be effective (i) if given by telecopy, when transmitted to the telecopy number referred to in this Section and confirmation of receipt is received, (ii) if given by mail, 72 hours after such communication is deposited in the mails with postage prepaid, addressed as aforesaid or (iii) if given by any other means, when delivered or received at the appropriate address or number referred to the attention of the appropriate individual or departmentin this Section, except that notices and communications to the Administrative Agent pursuant to Article II, III II or VII shall not be effective until received by the Administrative Agent. Delivery by fax or electronic transmission telecopier of an executed counterpart of any amendment or waiver of any provision of this Agreement or the Notes or of any Exhibit hereto to be executed and delivered hereunder shall be effective as delivery of a manually executed counterpart thereof.

Appears in 1 contract

Samples: Credit Agreement (Sodexho Alliance S A)

Notices, Etc. (a) The Borrower hereby agrees that any notice that is required to be delivered to it hereunder shall be delivered to the Borrower as set forth in this Section 8.02. All notices and other communications provided for hereunder shall be in writing (including faxtelegraphic or telecopy communication) and mailed, faxed telegraphed, telecopied or delivered, if to the Borrower any Account Party, at its address at 0 Xxxxxxxxx Xxxxx, Xxxxxxxx, Xxxx 00000, Attention: Treasurer (fax: (000) 000-0000; telephone: (000) 000-0000; email: xxxxxxx@xxx.xxx), with a copy to set forth below on the General Counsel (fax: (000) 000-0000; telephone: (000) 000-0000)signature pages hereof; if to any Initial LenderBank, at its Domestic Lending Office specified in opposite its Administrative Questionnairename on Part 2 of Schedule I hereto; if to any other LenderBank, at its Domestic Lending Office specified in the Assignment and Assumption Acceptance pursuant to which it became a LenderBank; if to Wachovia (in its capacity as Issuing Bank) at its address at 401 Linden Street, Mail Code NC-6034, Winston-Salem, North Carolixx 00000, Xxxx: Xnternational Operatioxx -- Xxxxxxx Xxxxxx xx Xxxxxx Xxxxrtment, Telecopy No. (336) 735-0952; and if to the Administrative Agent, at its address at Xxxxx Fargo Bankaddresx xx Xxxxxxxxx Plaza Building CP-23, National Association, 0000 X XX Xxxxxx Blvd201 South College Street, Charlotte, NC 28262North Carolina 28288-0680, Mail CodeAxxx: D1109-019Xxxxxxxxxxx Xxxxxx Xxxxxxxx, Attention: Syndication Agency Services Xxxxxxxx Xx. (fax: 000-) 000-0000; telephone: 000-000-0000; email: xxxxxxxxxxxxxx.xxxxxxxx@xxxxxxxxxx.xxx); or, as to the Borrower or the Administrative Agentany party, at such other address as shall be designated shaxx xx xxxxxxxxed by such party in a written notice to the other parties and, as to each other party, at such other address as shall be designated by such party in a written notice to the Borrower and the Administrative Agentparties. All such notices and communications shall shall, when mailed, telegraphed or telecopied, be effective when deposited in the mails, delivered or received at the appropriate address or number to the attention of the appropriate individual telegraph company or departmenttransmitted by telecopier, respectively, except that notices and communications to the Administrative Agent pursuant to Article II, III or VII VIII shall not be effective until received by the Administrative Agent. Delivery Manual delivery by fax or electronic transmission telecopier of an executed counterpart of any amendment or waiver of any provision of this Agreement or of any Exhibit hereto to be executed and delivered hereunder shall be effective as delivery of a manually an original executed counterpart thereof.

Appears in 1 contract

Samples: Reimbursement Agreement (Ace LTD)

Notices, Etc. (a) The Borrower hereby agrees that any notice that is required to be delivered to it hereunder shall be delivered to the Borrower as set forth in this Section 8.02. All notices and other communications provided for hereunder shall be in writing (including faxtelegraphic, telecopy or telex communication) and mailed, faxed telegraphed, telecopied, telexed or delivered, if to the Borrower Borrower, at its address at 0 Xxxxxxxxx AMF Group Inc., 8100 XXX Xxxxx, XxxxxxxxXxxxxxxxxxxxxx, Xxxxxxxx 00000, Xxtention: Stepxxx X. Xxxx, xxth a copy to Goldxxx, Xxchs & Co., 85 Bxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000, AttentionXxtention: Treasurer (fax: (000) 000-0000; telephone: (000) 000-0000; email: xxxxxxx@xxx.xxx)Davix Xxxxxxxxx, with a copy to the General Counsel (fax: (000) 000-0000; telephone: (000) 000-0000)Xxq.; if to any Initial LenderLender or any Initial Issuing Bank, at its Domestic Lending Office specified in opposite its Administrative Questionnairename on Schedule I hereto; if to any other LenderLender Party, at its Domestic Lending Office specified in the Assignment and Assumption Acceptance pursuant to which it became a LenderLender Party; if to the Collateral Agent, at its address at 399 Xxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000, Xxtention: Charxxx Xxxxxx; xxd if to the Administrative Agent, at its address at Xxxxx Fargo Bank399 Xxxx Xxxxxx, National Association0xx Xxxxx, 0000 X XX Xxxxxx BlvdXxx Xxxx, CharlotteXxx Xxxx 00000, NC 28262, Mail CodeXxtention: D1109-019, Attention: Syndication Agency Services (fax: 000-000-0000Charxxx Xxxxxx; telephone: 000-000-0000; email: xxxxxxxxxxxxxx.xxxxxxxx@xxxxxxxxxx.xxx); orxx, as to the Borrower or the Administrative Agent, at such other address as shall be designated by such party in a written notice to the other parties and, as to each other party, at such other address as shall be designated by such party in a written notice to the Borrower and the Administrative Agent. 171 141 All such notices and communications shall (a) when mailed, be effective three Business Days after the same is deposited in the mails, (b) when mailed for next day delivery by a reputable freight company or reputable overnight courier service, be effective one Business Day thereafter, and (c) when sent by telegraph, telecopier or telex, be effective when delivered the same is confirmed by telephone, telecopier confirmation or received at the appropriate address return telecopy or number to the attention of the appropriate individual or departmenttelex answerback, except respectively, except, that notices and communications to the Administrative Agent pursuant to Article II, III or VII shall not be effective until received by the Administrative Agent. Delivery by fax or electronic transmission telecopier of an executed counterpart of any amendment or waiver of any provision of this Agreement or the Notes or of any Exhibit hereto to be executed and delivered hereunder shall be effective as delivery of a manually executed counterpart thereof.

Appears in 1 contract

Samples: Credit Agreement (Amf Group Inc)

Notices, Etc. (a) The Borrower hereby agrees that any notice that is required to be delivered to it hereunder shall be delivered to the Borrower as set forth Unless specifically provided otherwise in this Section 8.02. All Agreement, all notices and other communications provided for hereunder shall be in writing (including faxfacsimile) and maileddelivered by hand or overnight courier service, faxed mailed or deliveredsent by facsimile, if to the Borrower Borrower, to it in care of FE at its address at 0 Xxxxxxxxx 00 Xxxxx Xxxx Xxxxxx, Xxxxx, Xxxxxxxx, Xxxx 00000, Attention: Treasurer (faxTreasurer, Facsimile: (000) 000-0000; telephone: (000) 000-0000; email: xxxxxxx@xxx.xxx), with a copy to the General Counsel (fax: (000) 000-0000; telephone: (000) 000-0000); if to any Initial LenderBank, at its Domestic DomesticApplicable Lending Office specified in opposite its Administrative Questionnairename on Schedule I hereto; if to any other Lender, at its Domestic DomesticApplicable Lending Office specified in the Assignment and Assumption pursuant to which it became a Lender; if to the Administrative Agent, at its address at Xxxxx Fargo at, Mizuho Bank, National AssociationLtd., Harborside Financial Center, 0000 X XX Xxxxx Xxx, Xxxxxx BlvdXxxx, Charlotte, NC 28262, Mail Code: D1109-019Xxx Xxxxxx 00000, Attention: Syndication Agency Services (faxXxxxx Xxxxxx, Phone: 000-000-0000, Email: ; telephone: 000-000-0000if to any Fronting Bank identified on Schedule II hereto, at the address specified opposite its name on Schedule II hereto; email: xxxxxxxxxxxxxx.xxxxxxxx@xxxxxxxxxx.xxx)if to any other Fronting Bank, at such address as shall be designated by such Fronting Bank in a written notice to the other parties; or, as to the Borrower or the Administrative Agenteach party, at such other address as shall be designated by such party in a written notice to the other parties andparties. Subject to the other notice requirements of this Agreement, as all notices and communications given to each other party, at such other address as any party hereto in accordance with the provisions of this Agreement shall be designated deemed to have been given on the date of receipt if delivered by hand or overnight courier service, mailed or sent by facsimile to such party and received during the normal business hours of such party as provided in a written notice to this Section 8.02 or in accordance with the Borrower and the Administrative Agentlatest unrevoked direction from such party given in accordance with this Section 8.02. All If such notices and communications are received after the normal business hours of such party, receipt shall be effective when delivered or received at deemed to have been given upon the appropriate address or number to the attention opening of the appropriate individual or department, except that notices and communications to the Administrative Agent pursuant to Article II, III or VII shall not be effective until received by the Administrative Agent. Delivery by fax or electronic transmission of an executed counterpart of any amendment or waiver of any provision of this Agreement or of any Exhibit hereto to be executed and delivered hereunder shall be effective as delivery of a manually executed counterpart thereofrecipient’s next Business Day.

Appears in 1 contract

Samples: Credit Agreement (Firstenergy Corp)

Notices, Etc. (a) The Borrower hereby agrees that any notice that is required to be delivered to it hereunder shall be delivered to the Borrower as set forth in this Section 8.02. All notices and other communications provided for hereunder shall be in writing (including faxtelecopy communication or electronic messaging) and mailedtelecopied, faxed mailed first class or deliveredcertified mail or delivered or sent by electronic messaging, if to the Borrower Borrower, at its address at 0 Xxxxxxxxx Xxxxx0000 Xxxxxxx Xxxxxx, XxxxxxxxStop 1920, Xxxx 00000Omaha, NE 68179, Attention: Treasurer Vice President and Treasurer, telephone number (fax: 000) 000-0000, telecopier number (000) 000-0000; telephone: (000) 000-0000; email: xxxxxxx@xxx.xxx), with a copy to the General Counsel (fax: (000) 000-0000; telephone: (000) 000-0000); if to any Initial Lender, Bank at its Domestic Lending Office specified in its Administrative QuestionnaireOffice; if to any other Lender, at its Domestic Lending Office specified in the Assignment and Assumption pursuant to which it became a Lender; if to the Administrative Agent, at its address at Xxxxx Fargo JPMorgan Chase Bank, National AssociationN.A., 0000 X XX Xxxxxx BlvdFloor 03, CharlotteOps 2, NC 28262000 Xxxxxxx Xxxxxxxxxx Xxxx, Mail Code: D1109-019Newark, Delaware 19713, Attention: Syndication Agency Services Xxxxxxxxxxx Xxxxxx, Account Manager, telecopier number (fax: 000-) 000-0000; telephone, with a copy to JPMorgan Chase Bank, N.A., 000 Xxxxxxx Xxxxxx, 00xx Xxxxx, Xxx Xxxx, Xxx Xxxx 00000, Attention: Xxxxxx X. Xxxxxx, telecopier number (000-) 000-0000; email: xxxxxxxxxxxxxx.xxxxxxxx@xxxxxxxxxx.xxx); or, as to the Borrower Borrower, any Bank or the Administrative Agent, at such other address as shall be designated by such party in a written notice to the other parties and, as to each other party, at such other address as shall be designated by such party in a written notice to the Borrower and the Administrative Agent. All such notices and communications shall shall, when telecopied, mailed or sent by electronic messaging, be effective when delivered sent by telecopy, three days after deposited in the mails or received at on the appropriate address or number to the attention of the appropriate individual or departmentdate that electronic message is received, respectively, except that notices and communications to the Administrative Agent pursuant to Article II, III II or VII shall not be effective until received by the Administrative Agent. Delivery The Administrative Agent shall be entitled to rely on any oral notice made pursuant to Section 2.03 believed by fax it to be genuine and made by the proper party or electronic transmission of an executed counterpart parties, and the Borrower and the Banks, as the case may be, agree to be conclusively bound by the Administrative Agent’s records in respect of any amendment or waiver of any provision of this Agreement or of any Exhibit hereto to be executed and delivered hereunder shall be effective as delivery of a manually executed counterpart thereofsuch notice.

Appears in 1 contract

Samples: Revolving Credit Agreement (Union Pacific Corp)

Notices, Etc. (a) The Borrower hereby agrees that any notice that is required to be delivered to it hereunder shall be delivered to the Borrower as set forth in this Section 8.02. All notices and other communications provided for hereunder shall be in writing (including faxtelecopier, telegraphic or telex communication) and mailed, faxed telecopied, telegraphed or delivered, if to the Borrower Borrower, at its address at 0 Xxxxxxxxx 0000 Xxxx Xxxxx Xxxxx, XxxxxxxxXxxx Xxxxxx, Xxxx Xxxxxxxx 00000, Attention: Treasurer (fax: (000) 000-0000; telephone: (000) 000-0000; email: xxxxxxx@xxx.xxx), with a copy to the General Counsel (fax: (000) 000-0000; telephone: (000) 000-0000)Chief Financial Officer; if to any Initial Lender, at its Domestic Lending Office specified in opposite its Administrative Questionnairename on Schedule I hereto; if to any other Lender, at its Domestic Lending Office specified in the Assignment and Assumption Acceptance pursuant to which it became a Lender; and if to the Administrative Agent, at its address at Xxxxx Fargo Bank0000 Xxxxxx, National Association10th Floor, 0000 X XX Xxxxxx BlvdHouston, Charlotte, NC 28262, Mail Code: D1109-019Texas 77002, Attention: Syndication Agency Services Xxxxxx Xxxxx (fax: Telecopy No. (000-) 000-0000; telephoneE-Mail Address: xxxxxx.x.xxxxx@xxxxxxxx.xxx), with a copy to 000 Xxxx Xxxxxx, 0xx Xxxxx, Xxx Xxxx, Xxx Xxxx 00000, Attention: Xxxxx X. Xxxxxx (Telecopy No. (000-) 000-0000; emailE-Mail Address: xxxxxxxxxxxxxx.xxxxxxxx@xxxxxxxxxx.xxxxxxxx.xxxxxx@xxxxxxxx.xxx); or, as to the Borrower or the Administrative Agent, at such other address as shall be designated by such party in a written notice to the other parties and, as to each other party, at such other address as shall be designated by such party in a written notice to the Borrower and the Administrative Agent. All such notices and communications shall shall, when mailed, telecopied, telegraphed or delivered, be effective when deposited in the mails, telecopied, delivered or received at the appropriate address or number to the attention of the appropriate individual telegraph company or departmentdelivered, respectively, except that notices and communications to the Administrative Agent pursuant to Article II, III or VII shall not be effective until received by the Administrative Agent. Delivery by fax or electronic transmission telecopier of an executed counterpart of any amendment or waiver of any provision of this Agreement or the Notes or of any Exhibit hereto to be executed and delivered hereunder shall be effective as delivery of a manually executed counterpart thereof.

Appears in 1 contract

Samples: Five Year Credit Agreement (Packaging Corp of America)

Notices, Etc. (a) The Borrower hereby agrees that any notice that is required to be delivered to it hereunder shall be delivered to the Borrower as set forth in this Section 8.02. All notices and other communications provided for hereunder shall be in writing (including faxelectronic communication) and emailed and mailed, faxed or delivered, (i) if to the Borrower Borrower, at its the address of PPG at 0 Xxxxxxxxx Xxx XXX Xxxxx, XxxxxxxxXxxxxxxxxx, Xxxx Xxxxxxxxxxxx 00000, email address xxxxxxxxx@xxx.xxx, Attention: Treasurer (fax: (000) 000-0000; telephone: (000) 000-0000; email: xxxxxxx@xxx.xxx)Treasurer, with a copy to the PPG at Xxx XXX Xxxxx, Xxxxxxxxxx, Xxxxxxxxxxxx 00000, email address xxxxxxx@xxx.xxx, Attention: Senior Vice President and General Counsel Counsel; (fax: (000ii) 000-0000; telephone: (000) 000-0000); if to any Initial Lender, at its Domestic Lending Office specified at its address (or telecopy number) set forth in its Administrative Questionnaire; if to any other Lender, at its Domestic Lending Office specified in the Assignment and Assumption pursuant to which it became a Lender; (iii) if to the Administrative Agent, for Notices of Borrowing and prepayments of Term Loans and all other notices, at its address at Xxxxx Fargo Bank, National AssociationBBVA New York Branch, 0000 X XX Xxxxxx Blvdxx xxx Xxxxxxxx, Charlotte00xx Xxxxx, NC 28262Xxx Xxxx, Mail Code: D1109-019Xxx Xxxx 00000, Attention: Syndication Agency Services (fax: 000-000-0000; telephone: 000-000-0000; email: xxxxxxxxxxxxxx.xxxxxxxx@xxxxxxxxxx.xxx)email address xxxx.xxxxxx@xxxx.xxx; or, as to the Borrower or the Administrative Agent, at such other address as shall be designated by such party in a written notice to the other parties and, as to each other party, at such other address as shall be designated by such party in a written notice to the Borrower and the Administrative Agent. All such notices and communications shall shall, when mailed, telecopied or telegraphed, be effective when deposited in the mails, telecopied, or delivered or received at the appropriate address or number to the attention of the appropriate individual or departmenttelegraph company, respectively, except that notices and communications to the Administrative Agent pursuant to Article II, III or VII VIII shall not be effective until received by the Administrative Agent. Delivery by fax or electronic transmission telecopier of an executed counterpart of any amendment or waiver of any provision of this Agreement or the Notes or of any Exhibit hereto to be executed and delivered hereunder shall be effective as delivery of a manually executed counterpart thereof.

Appears in 1 contract

Samples: Term Loan Credit Agreement (PPG Industries Inc)

Notices, Etc. (a) The Borrower hereby agrees that any notice that is required to be delivered to it hereunder shall be delivered to the Borrower as set forth in this Section 8.02. All notices and other communications provided for hereunder shall be in writing (including faxtelegraphic, telecopy or telex communication) and mailed, faxed telegraphed, telecopied, telexed or delivered, if to the Borrower either Borrower, at its address at 0 Xxxxxxxxx Xxxx Xxxxxx Xxxxx, Xxxxxxxx00xx Xxxxx, 00 Xxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000, Attentionfacsimile number: Treasurer (fax: (000) -000-0000; telephone, Attention: (000) 000-0000; email: xxxxxxx@xxx.xxx), Chief Financial Officer with a copy to the General Counsel (fax: (000) 000-0000; telephone: (000) 000-0000)Counsel; if to any Initial LenderLender which is a Lender on the Effective Date or the Issuing Bank, at its Domestic Lending Office specified in opposite its Administrative Questionnairename on Schedule I hereto; if to any other LenderLender Party, at its Domestic Lending Office specified in the Assignment and Assumption Acceptance pursuant to which it became a LenderLender Party; if to the Administrative Agent or the Collateral Agent, at its address at 000 Xxxx Xxxxx Fargo BankXxxx, National AssociationXxxxxxxx, 0000 X XX Xxxxxx Blvd, Charlotte, NC 28262, Mail Code: D1109-019Xxxxxxxxxxx 00000, Attention: Syndication Agency Services (faxAccount Manager - IPC, with copies to General Electric Capital Corporation, 000 Xxxx Xxxxx Xxxx, Xxxxxxxx, Xxxxxxxxxxx 00000, Attention: 000-000-0000; telephone: 000-000-0000; email: xxxxxxxxxxxxxx.xxxxxxxx@xxxxxxxxxx.xxx)Corporate Counsel Commercial Finance, and Xxxxxxx X. Xxxxxx, Xxxxxxx & Xxxxxx, 000 Xxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000; or, as to the either Borrower or the Administrative either Agent, at such other address as shall be designated by such party in a written notice to the other parties and, as to each other party, at such other address as shall be designated by such party in a written notice to the Borrower Borrowers and the Administrative Agent. All such notices and communications shall shall, when mailed, telegraphed, telecopied or telexed, be effective when deposited in the mails, delivered or received at the appropriate address or number to the attention of the appropriate individual telegraph company, transmitted by telecopier or departmentconfirmed by telex answerback, respectively, except that notices and communications to the Administrative either Agent pursuant to Article II, III or VII shall not be effective until received by the Administrative such Agent. Delivery by fax or electronic transmission telecopier of an executed counterpart of any amendment or waiver of any provision of this Agreement Agreement, the Notes or of any Exhibit hereto to be executed and delivered hereunder other Loan Document shall be as effective as delivery of a manually executed counterpart thereof.

Appears in 1 contract

Samples: Credit Agreement (Ipc Communications Inc /De/)

Notices, Etc. (a) The Borrower Contingent Obligors hereby agrees that appoint ACC to act as agent for the Contingent Obligors with respect to the receiving and giving of any notice that notices or any other written instruction hereunder. The Administrative Agent is required hereby entitled to rely on any communication given or transmitted by ACC as if such communication were given or transmitted by each and every Contingent Obligor. All notices, requests and demands to or upon the respective parties hereto to be delivered to it hereunder shall be delivered to the Borrower as set forth in this Section 8.02. All notices and other communications provided for hereunder effective shall be in writing (including fax) and mailedby telecopy, faxed telegraph or deliveredtelex), if and, unless otherwise expressly provided herein, shall be deemed to have been duly given or made when delivered by hand, or, in the case of mail or telecopy notice, when received, or, in the case of telegraphic notice, when delivered to the Borrower at telegraph company, or, in the case of telex notice, when sent, answer back received, addressed as follows or, with respect to a Lender or Agent other than an initial Lender or Agent, as set forth in its respective Assignment and Assumption or Joinder Supplement, or to such other address at 0 Xxxxxxxxx as may be hereafter notified by the respective parties hereto: The Borrowers AFS Funding Corp. 000 Xxxxxx Xxxx, Suite 390 Reno, Nevada 89509 Attention: Chief Financial Officer Telephone: Telefax: 000-000-0000 AFS SenSub Corp. 000 Xxxxxx Xxxx, Suite 390 Reno, Nevada 89509 Attention: Chief Financial Officer Telephone: Telefax: 000-000-0000 with a copy to: AmeriCredit Corp. 000 Xxxxxx Xxxxxx, Xxxxx 0000 Xxxx Xxxxx, Xxxxxxxx, Xxxx 00000, Xxxxx 00000 Attention: Treasurer Telephone: 000-000-0000 Telefax: 000-000-0000 ACC as agent AmeriCredit Corp. for the Contingent 000 Xxxxxx Xxxxxx, Xxxxx 0000 Obligors Xxxx Xxxxx, Xxxxx 00000 Attention: Treasurer Telephone: 000-000-0000 Telefax: 000-000-0000 Administrative Deutsche Bank Trust Company Americas Agent 0000 Xxxx Xx. Xxxxxx Xxxxx Santa Ana, California 92705 Attention: Telephone: (fax000) 000-0000 Telefax: (000) 000-0000 Lender Collateral Deutsche Bank Trust Company Americas Agent 0000 Xxxx Xx. Xxxxxx Xxxxx Santa Ana, California 92705 Attention: Trust Administration - AmeriCredit Telephone: (000) 000-0000 Telefax: (000) 000-0000; telephone: (000) 000-0000; email: xxxxxxx@xxx.xxx), with a copy to the General Counsel (fax: (000) 000-0000; telephone: (000) 000-0000); if to any Initial Lender, at its Domestic Lending Office specified in its Administrative Questionnaire; if to any other Lender, at its Domestic Lending Office specified in the Assignment and Assumption pursuant to which it became a Lender; if to the Administrative Agent, at its address at Xxxxx Fargo Bank, National Association, 0000 X XX Xxxxxx Blvd, Charlotte, NC 28262, Mail Code: D1109-019, Attention: Syndication Agency Services (fax: 000-000-0000; telephone: 000-000-0000; email: xxxxxxxxxxxxxx.xxxxxxxx@xxxxxxxxxx.xxx); or, as to the Borrower or the Administrative Agent, at such other address as shall be designated by such party in a written notice to the other parties and, as to each other party, at such other address as shall be designated by such party in a written notice to the Borrower and the Administrative Agent. All such notices and communications shall be effective when delivered or received at the appropriate address or number to the attention of the appropriate individual or department, except that notices and communications to the Administrative Agent pursuant to Article II, III or VII shall not be effective until received by the Administrative Agent. Delivery by fax or electronic transmission of an executed counterpart of any amendment or waiver of any provision of this Agreement or of any Exhibit hereto to be executed and delivered hereunder shall be effective as delivery of a manually executed counterpart thereof.

Appears in 1 contract

Samples: Credit Agreement (Americredit Corp)

Notices, Etc. (a) The Borrower hereby agrees that any notice that is required to be delivered to it hereunder shall be delivered to the Borrower as set forth in this Section 8.02. All notices and other communications provided for hereunder shall be either in writing (including faxtelecopier or other electronic communication) and mailed, faxed electronically transmitted or delivered, if to the Borrower Borrower, at its address at 0 Xxxxxxxxx Xxxxx, Xxxxxxxx000 X Xxxxx Xx, Xxxx xx Xxxxxxx XX 00000, Attention: Treasurer (fax: (000) 000-0000; telephone: (000) 000-0000; email: xxxxxxx@xxx.xxx)Treasurer, with a copy to the General Counsel (faxUGI Utilities, Inc., Box 858, Valley Forge, PA 19482, Attention: (000) 000-0000; telephone: (000) 000-0000)Legal Department; if to any Initial Lender, at its Domestic Lending Office specified in opposite its Administrative Questionnairename on Schedule I hereto; if to any other Lender, at its Domestic Lending Office specified in the Assumption Agreement or the Assignment and Assumption pursuant to which it became a Lender; and if to the Administrative AgentAgent or the Issuing Lender, at its address at 0000 Xxxxxxxxx Xxxxx, Xxxxx Fargo 000, Xxxxxx, Xxxxxxxxxxxx 00000, Attention: Xxxxxxx D’Ginto with a copy to PNC Bank, National Association, 0000 X PNC Firstside Center, 000 Xxxxx Xxxxxx, 0xx Xxxxx, Xxxxxxxxxx, XX Xxxxxx Blvd, Charlotte, NC 28262, Mail Code: D1109-01900000, Attention: Syndication Agency Services (fax: 000-000-0000; telephone: 000-000-0000; email: xxxxxxxxxxxxxx.xxxxxxxx@xxxxxxxxxx.xxx)Services; or, as to the Borrower or the Administrative Agent, at such other address as shall be designated by such party in a written notice to the other parties and, as to each other party, at such other address as shall be designated by such party in a written notice to the Borrower and the Administrative Agent, except in each case as otherwise provided in Section 8.02(b) and (c) below. All such notices and communications shall shall, when mailed or electronically transmitted, be effective when delivered deposited in the mail or received at the appropriate address or number to the attention of the appropriate individual or departmentconfirmed by electronic transmission, respectively, except that notices and communications to the Administrative Agent or the Issuing Lender pursuant to Article II, III or VII shall not be effective until received by the Administrative Agent. Delivery by fax telecopier or other electronic transmission imaging of an executed counterpart of any amendment or waiver of any provision of this Agreement or the Notes or of any Exhibit hereto to be executed and delivered hereunder shall be effective as delivery of a manually executed counterpart thereof.

Appears in 1 contract

Samples: Credit Agreement (Ugi Corp /Pa/)

Notices, Etc. (a) The Borrower hereby agrees that any notice that is required to be delivered to it hereunder shall be delivered to the Borrower as set forth in this Section 8.02. All notices and other communications provided for hereunder shall be in writing (including faxtelecopier, telegraphic, telex or cable communication) and mailed, faxed telecopied, telegraphed, telexed, cabled or delivered, if to the Borrower Borrower, at its address at 0 Xxxxxxxxx Xxxxx000 Xxxxxx Xxxxxx, XxxxxxxxXxx Xxxxxxx, Xxxx XX 00000, Email: xxxxxxx@xxxxxxx.xxx, Attention: Treasurer (fax: (000) 000-0000; telephone: (000) 000-0000; email: xxxxxxx@xxx.xxx), with a copy to the General Counsel (fax: (000) 000-0000; telephone: (000) 000-0000)Treasurer; if to any Initial LenderBank or LC Issuing Bank, at its Domestic Lending Office specified in opposite its Administrative Questionnairename on Schedule I hereto; if to any other Lender, at its Domestic Lending Office specified in the Assignment and Assumption Acceptance pursuant to which it became a Lender; Lender and if to the Administrative Agent, at its address at Xxx Xxxxx Fargo BankXxx, National AssociationXxxxx 000, 0000 X XX Xxxxxx BlvdXxx Xxxxxx, Charlotte, NC 28262, Mail Code: D1109-019Xxxxxxxx 00000, Attention: Syndication Agency Services Bank Loan Syndications, Xxxxxxxxxx Xxxxx (faxTelephone: 000-000-0000; telephone, Telecopier: 000212-000-0000; email994- 0961, Email: xxxxxxxxxxxxxx.xxxxxxxx@xxxxxxxxxx.xxx)xxxxxxxxxx.xxxxx@xxxxxxxxx.xxx; or, as to the Borrower or the Administrative Agenteach party, at such other address as shall be designated by such party in a written notice to the other parties and, as to each other party, at such other address as shall be designated by such party in a written notice to the Borrower and the Administrative Agentparties. All such notices and communications shall shall, when mailed, telecopied, telegraphed, telexed or cabled, be effective when deposited in the mails, telecopied, delivered or received at the appropriate address or number to the attention of telegraph company, confirmed by telex answerback or delivered to the appropriate individual or departmentcable company, respectively, except that notices and communications to the Administrative Agent pursuant to Article II, III II or VII shall not be effective until received by the Administrative Agent. Delivery Except as otherwise provided in Section 5.01(c), notices and other communications given by fax or electronic transmission of an executed counterpart of any amendment or waiver of any provision of this Agreement or of any Exhibit hereto the Borrower to be executed and delivered hereunder the Administrative Agent shall be effective as delivery of a manually executed counterpart thereofdeemed given to the Lenders.

Appears in 1 contract

Samples: Credit Agreement (Entergy Arkansas Inc)

Notices, Etc. (a) The Borrower hereby agrees that any notice that is required to be delivered to it hereunder shall be delivered to the Borrower as set forth in this Section 8.02. All notices and other communications provided for hereunder shall be in writing (including faxtelegraphic, telecopy or telex communication) and mailed, faxed telegraphed, telecopied, telexed or delivered, if to the Parent Guarantor, the Borrower or any other Loan Party, at its the address or the Parent Guarantor at 0 Xxxxxxxxx Xxxxx00000 Xxxx Xxxxxx, XxxxxxxxXxxxxxx, Xxxx Xxxxx 00000, Attention: Treasurer (fax: (000) 000-0000; telephone: (000) 000-0000; email: xxxxxxx@xxx.xxx)Principal Financial Officer, with a copy to the General Counsel (fax: (000) 000-0000; telephone: (000) 000-0000)Corporate Counsel; if to any Initial LenderLender or the Initial Issuing Bank, at its Domestic Lending Office specified in opposite its Administrative Questionnairename on Schedule I hereto; if to any other LenderLender Party, at its Domestic Lending Office specified in the Assignment and Assumption Acceptance pursuant to which it became a LenderLender Party; if to the Collateral Agent, at its address at 000 Xxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000, Attention: Xxxxxxx Xxxxxx; and if to the Administrative Agent, at its address at Xxxxx Fargo Bank000 Xxxx Xxxxxx, National AssociationXxx Xxxx, 0000 X XX Xxxxxx Blvd, Charlotte, NC 28262, Mail Code: D1109-019Xxx Xxxx 00000, Attention: Syndication Agency Services (fax: 000-000-0000; telephone: 000-000-0000; email: xxxxxxxxxxxxxx.xxxxxxxx@xxxxxxxxxx.xxx)Xxxxxxx Xxxxxx; or, as to the Parent Guarantor, the Borrower or the Administrative Agent, at such other address as shall be designated by such party in a written notice to the other parties and, as to each other party, at such other address as shall be designated by such party in a written notice to the Borrower and the Administrative Agent. All such notices and communications shall shall, when mailed, telegraphed, telecopied or telexed, be effective when deposited in the mails, delivered or received at the appropriate address or number to the attention of the appropriate individual telegraph company, transmitted by telecopier or departmentconfirmed by telex answerback, respectively, except that notices and communications to the Administrative any Agent pursuant to Article II, III or VII VIII shall not be effective until received by the Administrative such Agent. Delivery by fax or electronic transmission telecopier of an executed counterpart of a signature page to any amendment or waiver of any provision of this Agreement or the Notes or of any Exhibit hereto to be executed and delivered hereunder shall be effective as delivery of a manually an original executed counterpart thereof.

Appears in 1 contract

Samples: Security Agreement (Stage Stores Inc)

Notices, Etc. (a) The Borrower hereby agrees that any notice that is required to be delivered to it hereunder shall be delivered to the Borrower as set forth in this Section 8.02. All notices and other communications provided for hereunder shall be in writing (including faxtelegraphic, telecopy or telex communication) and mailed, faxed telegraphed, telecopied, telexed or delivered, if to the Borrower Borrowers, addressed both c/o Crompton Corp. at its address at 0 Xxxxxxxxx Oxx Xxxxxxx Xxxxx, Xxxxx Xxxxxx, Xxxxxxxx, Xxxx XX 00000, Attention: Treasurer (faxChief Financial Officer and c/o Uniroyal Corp. at its address at World Headquarters, Bxxxxx Road, Middlebury, CT 06749, Attention: (000) 000-0000; telephone: (000) 000-0000; email: xxxxxxx@xxx.xxx), with a copy to the General Counsel (fax: (000) 000-0000; telephone: (000) 000-0000)Chief Financial Officer; if to any Initial LenderLender or any Initial Issuing Bank, at its Domestic Lending Office specified in opposite its Administrative Questionnairename on Schedule I hereto; if to any other LenderLender Party, at its Domestic Lending Office specified in the Assignment and Assumption Acceptance pursuant to which it became a LenderLender Party; and if to the Administrative Agent, at its address at Xxxxx Fargo Bank300 Xxxx Xxxxxx, National AssociationXxx Xxxx, 0000 X XX Xxxxxx Blvd, Charlotte, NC 28262, Mail Code: D1109-019Xxx Xxxx 00000, Attention: Syndication Agency Services (fax: 000-000-0000; telephone: 000-000-0000; email: xxxxxxxxxxxxxx.xxxxxxxx@xxxxxxxxxx.xxx)Cxxxxxx Xxxxxxxx; or, as to the Borrower Borrowers or the Administrative Agent, at such other address as shall be designated by such party in a written notice to the other parties and, as to each other party, at such other address as shall be designated by such party in a written notice to the Borrower Borrowers and the Administrative Agent. All such notices and communications shall (a) when mailed, be effective three Business Days after the same is deposited in the mails, (b) when mailed for next day delivery by a reputable freight company or reputable overnight courier service, be effective one Business Day thereafter, and (c) when sent by telegraph, telecopier or telex, be effective when delivered the same is confirmed by telephone, telecopier confirmation or received at the appropriate address return telecopy or number to the attention of the appropriate individual or departmenttelex answerback, respectively, except that notices and communications to the Administrative Agent pursuant to Article II, III or VII shall not be effective until received by the Administrative Agent. Delivery by fax or electronic transmission telecopier of an executed counterpart of any amendment or waiver of any provision of this Agreement or the Notes or of any Exhibit hereto to be executed and delivered hereunder shall be effective as delivery of a manually executed counterpart thereof. Delivery of a notice from any Borrower pursuant to Section 5.03(a) shall be deemed, solely with respect to such Section, notice from all Borrowers.

Appears in 1 contract

Samples: Credit Agreement (Crompton & Knowles Corp)

Notices, Etc. (a) The Borrower hereby agrees that any notice that is required to be delivered to it hereunder shall be delivered to the Borrower as set forth in this Section 8.02. All notices and other communications provided for hereunder shall be (x) in writing (including faxtelecopier or telegraphic communication) and mailedsent by reputable overnight courier, faxed telecopied, telegraphed or delivereddelivered or (y) as and to the extent set forth in Section 8.02(b) and in the proviso to this Section 8.02(a), if to the Borrower Borrower, at its address at 0 0000 00xx Xxxxxx, Xxxxxxx, Xxxxxxxxx Xxxxx, Xxxxxxxx, Xxxx 00000, Attention: Treasurer (fax: (000) 000-0000; telephone: (000) 000-0000; email: xxxxxxx@xxx.xxx)Xxxxxx X. Xxxxx, Senior Vice President and Chief Financial Officer, and Xxxxxxx X. Xxxxxxxxx, Director Treasury Operations and Finance, with a copy copies to the 0000 00xx Xxxxxx, Xxxxxxx, Xxxxxxxxx 00000, Attention: Xxxxx X. Xxxxxxxx, General Counsel (fax: (000) 000-0000; telephone: (000) 000-0000)Counsel; if to any Initial Lender, at its Domestic Lending Office specified in opposite its Administrative Questionnairename on Schedule I hereto; if to any other Lender, at its Domestic Lending Office specified in the Assignment and Assumption Acceptance pursuant to which it became a Lender; and if to the Administrative Agent, at its address at Xxx Xxxxx Fargo BankXxx, National AssociationXxx Xxxxxx, 0000 X XX Xxxxxx Blvd, Charlotte, NC 28262, Mail Code: D1109-019Xxxxxxxx 00000, Attention: Syndication Agency Services (fax: 000-000-0000; telephone: 000-000-0000; email: xxxxxxxxxxxxxx.xxxxxxxx@xxxxxxxxxx.xxx)Bank Loan Syndications Department; or, as to the Borrower or the Administrative Agent, at such other address as shall be designated by such party in a written notice to the other parties and, as to each other party, at such other address as shall be designated by such party in a written notice to the Borrower and the Administrative Agent, provided that materials required to be delivered pursuant to Section 5.01(i)(i), (ii) or (iv) shall be delivered to the Agent as specified in Section 8.02(b) or as otherwise specified to the Borrower by the Agent. All such notices and communications shall shall, when mailed, telecopied, telegraphed or e-mailed, be effective when deposited in the mails, telecopied, delivered or received at the appropriate address or number to the attention of the appropriate individual telegraph company or departmentconfirmed by e-mail, respectively, except that notices and communications to the Administrative Agent pursuant to Article II, III or VII shall not be effective until received by the Administrative Agent. Delivery by fax or electronic transmission telecopier of an executed counterpart of any amendment or waiver of any provision of this Agreement or the Notes or of any Exhibit hereto to be executed and delivered hereunder shall be effective as delivery of a manually executed counterpart thereof.

Appears in 1 contract

Samples: Bridge Credit Agreement (Snap on Inc)

Notices, Etc. (a) The Borrower hereby agrees that any notice that is required to be delivered to it hereunder shall be delivered to the Borrower as set forth in this Section 8.02. All notices and other communications provided for hereunder shall be in writing (including faxtelegraphic, telecopy or telex communication) and mailed, faxed telegraphed, telecopied, telexed or delivered, if to the Borrower at U.S. Borrower, to its address at 0 Xxxxxxxxx Xxxxx, Xxxxxxxx, Xxxx X.X. Xxx 00000, Attention0000 Xxxxxx Xxxxxx, Xxxxxxxxxx, XX 00000, Attn: Treasurer (fax: (000) 000-0000; telephone: (000) 000-0000; email: xxxxxxx@xxx.xxx)Office of General Counsel, with a copy to KKR at 0000 Xxxx Xxxx Xxxx, Xxxxx 000, Xxxxx Xxxx, XX 00000, Attn: Xxxx Xxxxx; if to the General Counsel (fax: (000) 000-0000; telephone: (000) 000-0000)Canadian Borrower, addressed to it c/o the U.S. Borrower at the U.S. Borrower's address; if to any Initial LenderLender or the Initial Issuing Bank, at to its Domestic Lending Office specified in opposite its Administrative Questionnairename on Schedule I hereto; if to any other LenderLender Party, at to its Domestic Lending Office specified in the Assignment and Assumption Acceptance pursuant to which it became a LenderLender Party; and if to the Administrative Agent, at to its address at Xxxxx Fargo Bank000 Xxxxxxxxx Xxxxxx, National AssociationXxx Xxxx, 0000 X XX Xxxxxx Blvd, Charlotte, NC 28262, Mail Code: D1109-019Xxx Xxxx 00000, Attention: Syndication Agency Services (fax: 000-000-0000; telephone: 000-000-0000; email: xxxxxxxxxxxxxx.xxxxxxxx@xxxxxxxxxx.xxx)Xxxx Xxxxx; or, as to the either Borrower or the Administrative Agent, at to such other address as shall be designated by such party in a written notice to the other parties and, as to each other party, at such other address as shall be designated by such party in a written notice to the U.S. Borrower and the Administrative AgentAgent pursuant to this Section 9.02. All such notices and communications shall shall, when mailed, telegraphed, telecopied or telexed, be effective when deposited in the mails, delivered or received at the appropriate address or number to the attention of the appropriate individual telegraph company, transmitted by telecopier or departmentconfirmed by telex answerback, respectively, except that notices and communications to the Administrative Agent pursuant to Article IISections 2.02, III or VII 2.03, 2.05, 2.06(a) and (c) and 2.09(a) and with respect to selected Interest Periods in respect of Eurodollar Rate Advances shall not be effective until received by the Administrative Agent. Delivery by fax or electronic transmission telecopier of an executed counterpart of any amendment or waiver of any provision of this Agreement or the Notes or of any Exhibit hereto to be executed and delivered hereunder shall be effective as delivery of a manually executed counterpart thereof.

Appears in 1 contract

Samples: Credit Agreement (Accuride Corp)

Notices, Etc. (a) The Borrower hereby agrees that any notice that is required to be delivered to it hereunder shall be delivered to the Borrower as set forth in this Section 8.02. All notices and other communications provided for hereunder shall be in writing (including fax) and mailed, faxed or delivered, if to the Borrower at its address at 0 Xxxxxxxxx Xxxxx, Xxxxxxxx, Xxxx 00000, Attention: Treasurer (fax: (000) 000-0000; telephone: (000) 000-0000; email: xxxxxxx@xxx.xxx), with a copy to the General Counsel (fax: (000) 000-0000; telephone: (000) 000-0000); if to any Initial Lender, at its Domestic Lending Office specified in its Administrative Questionnaire; if to any other Lender, at its Domestic Lending Office specified in the Assignment and Assumption pursuant to which it became a Lender; if to the Administrative Agent, at its address at Xxxxx Fargo Bank, National Association, 0000 X XX Xxxxxx Blvd, Charlotte, NC 28262, Mail Code: D1109-019, Attention: Syndication Agency Services (fax: 000-000-0000; telephone: 000-000-0000; email: xxxxxxxxxxxxxx.xxxxxxxx@xxxxxxxxxx.xxx); if to any LC Issuing Bank, at such address as shall be designated by such LC Issuing Bank and notified to the Lenders pursuant to Section 2.04; or, as to the Borrower or the Administrative Agent, at such other address as shall be designated by such party in a written notice to the other parties and, as to each other party, at such other address as shall be designated by such party in a written notice to the Borrower and the Administrative Agent. All such notices and communications shall be effective when delivered or received at the appropriate address or number to the attention of the appropriate individual or department, except that notices and communications to the Administrative Agent pursuant to Article II, III or VII shall not be effective until received by the Administrative Agent. Delivery by fax or electronic transmission of an executed counterpart of any amendment or waiver of any provision of this Agreement or of any Exhibit hereto to be executed and delivered hereunder shall be effective as delivery of a manually executed counterpart thereof. (b) The Borrower and the Lenders hereby agree that the Administrative Agent may make any information required to be delivered under Section 5.01(i)(i), (ii), (iv) and (v) (the “Communications”) available to the Lenders by posting the Communications on Intralinks, SyndTrak or a substantially similar electronic transmission systems (the “Platform”). The Borrower and the Lenders hereby acknowledge that the distribution of material through an electronic medium is not necessarily secure and that there are confidentiality and other risks associated with such distribution. (c) THE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE”. THE AGENT PARTIES (AS DEFINED BELOW) DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE COMMUNICATIONS, OR THE ADEQUACY OF THE PLATFORM AND EXPRESSLY DISCLAIM LIABILITY FOR ERRORS OR OMISSIONS IN THE COMMUNICATIONS. NO WARRANTY OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, 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 THE AGENT PARTIES IN CONNECTION WITH THE COMMUNICATIONS OR THE PLATFORM. IN NO EVENT SHALL THE ADMINISTRATIVE AGENT OR ANY OF ITS RELATED PARTIES (COLLECTIVELY, “AGENT PARTIES”) HAVE 67 AmericasActive:16624138.

Appears in 1 contract

Samples: Credit Agreement (Ohio Power Co)

Notices, Etc. (a) The Borrower hereby agrees that any notice that is required to be delivered to it hereunder shall be delivered to the Borrower as set forth in this Section 8.02. All notices and other communications provided for hereunder shall be in writing (including faxtelegraphic, telecopy or telex communication) and mailed, faxed telegraphed, telecopied, telexed or delivered, if to the Borrower Domestic Borrower, at its address at 0 Xxxxxxxxx Xxxxx000 Xxxx Xxxxxxxxxx Xxxxxx, XxxxxxxxXxxxx 0000, Xxxx Xxxxxxx, XX 00000, Attention: Treasurer (faxTelecopy Number: (000) 000-0000, Attention: Xxxxx Xxxxx; telephone: (000) 000-0000; email: xxxxxxx@xxx.xxx)if to an Offshore Borrower or any other Loan Party, to it c/o the Domestic Borrower with a copy to the General Counsel (fax: (000) 000-0000; telephone: (000) 000-0000)address provided on Schedule I to the Credit Agreement Supplement executed and delivered by such Offshore Borrower; if to any Initial LenderLender Party, at its Domestic Lending Office specified in opposite its Administrative Questionnairename on Schedule I hereto; if to any other Lender Party (other than any Offshore Swing Line Lender), at its Domestic Lending Office specified in the Assignment and Assumption Acceptance pursuant to which it became a Lender Party; if to any Offshore Swing Line Lender, to the Offshore Currency Agent, with a copy to the notice address specified in the Joinder Agreement pursuant to which it became an Offshore Swing Line Lender; if to JPMC, in its capacity as the Administrative Agent, Documentation Agent or Offshore Currency Agent, at its address at Xxxxx Fargo Bank000 Xxxx Xxxxxx, National Association0xx Xxxxx, 0000 X XX Xxxxxx BlvdXxx Xxxx, CharlotteXxx Xxxx 00000, NC 28262, Mail CodeTelecopy Number: D1109(000) 000-0190000, Attention: Syndication Agency Services Xxxxxxxx Xxxxxxx; if to X.X. Xxxxxx in its capacity as a Lead Arranger or Book Manager, at its address at 000 Xxxx Xxxxxx, 0xx Xxxxx, Xxx Xxxx, Xxx Xxxx 00000, Telecopy Number: (fax: 000-) 000-0000; telephone, Attention: 000-000-0000; email: xxxxxxxxxxxxxx.xxxxxxxx@xxxxxxxxxx.xxx)Xxxxxxxx Xxxxxxx; or, as to the Domestic Borrower or the Administrative Agent, at such other address as shall be designated by such party in a written notice to the other parties and, as to each other party, at such other address as shall be designated by such party in a written notice to the Domestic Borrower and the Administrative Agent. All such notices and other communications shall shall, when mailed, telegraphed, telecopied or telexed, be effective when deposited in the mails, delivered or received at the appropriate address or number to the attention of the appropriate individual telegraph company, transmitted by telecopier or departmentconfirmed by telex answerback, respectively, except that notices and communications to the Administrative any Agent pursuant to Article II, III or VII shall not be effective until received by the Administrative such Agent. Delivery by fax or electronic transmission telecopier of an executed counterpart of any amendment or waiver of any provision of this Agreement or the Notes or of any Exhibit hereto to be executed and delivered hereunder shall be effective as delivery of a manually an original executed counterpart thereof.";

Appears in 1 contract

Samples: Credit Agreement (Sovereign Specialty Chemicals Inc)

Notices, Etc. (a) The Borrower hereby agrees that any notice that is required to be delivered to it hereunder shall be delivered to the Borrower as set forth in this Section 8.02. All notices and other communications provided for hereunder shall be in writing (including faxtelecopy communication) and mailed, faxed telecopied or delivered, if to the Borrower Borrower, at its address at 0 Xxxxxxxxx Xxxxx21250 Hawthorne Blvd., XxxxxxxxSuite 800, Xxxx 00000Torrance, Attention: Treasurer California 90503 (fax: Texxxxxxxx (000) 000-0000; telephone: (000) 000-0000; email: xxxxxxx@xxx.xxx), Xxxxxxxxx: Xxxxx Xxxxxxxxx Xxxxxxx with a copy to xx Xxxxxxxx'x general counsel at the General Counsel same address (fax: Telecopier (000310) 000792-0000; telephone: (000) 000-00000044); if to any Initial Lender, the Swing Line Bank ox xxx Xxxxxxx Issuing Bank, at its Domestic Base Rate Lending Office specified in opposite its Administrative Questionnairename on Schedule I hereto; if to any other LenderLender Party, at its Domestic Base Rate Lending Office specified in the Assignment and Assumption pursuant to which it became a LenderLender Party; and if to the Administrative Agent, at its address at Xxxxx Fargo BankEleven Madison Avenue, National AssociationNew York, 0000 X XX Xxxxxx Blvd, Charlotte, NC 28262, Mail Code: D1109New York 10010-0193629, Attention: Syndication Agency Services (fax: 000-000-0000Xxxxx Xxxxxxx; telephone: 000-000-0000; email: xxxxxxxxxxxxxx.xxxxxxxx@xxxxxxxxxx.xxx); orxx, as to the Borrower or the xx xx xxx Xxxxxxxx xx xxx Administrative Agent, at such other address as shall be designated by such party in a written notice to the other parties and, as to each other party, at such other address as shall be designated by such party in a written notice to the Borrower and the Administrative Agent. All such notices and other communications shall shall, when mailed or telecopied, be effective when delivered deposited in the mails, or received at the appropriate address or number to the attention of the appropriate individual or departmenttransmitted by telecopier, respectively, except that notices and communications to the Administrative any Agent pursuant to Article II, III or VII shall not be effective until received by the Administrative such Agent. Delivery by fax or electronic transmission telecopier of an executed counterpart of a signature page to any amendment or waiver of any provision of this Agreement or the Notes or of any Exhibit hereto to be executed and delivered hereunder shall be effective as delivery of a manually an original executed counterpart thereof.

Appears in 1 contract

Samples: Credit Agreement (Davita Inc)

Notices, Etc. (a) The Borrower hereby agrees that any notice that is required to be delivered to it hereunder shall be delivered to the Borrower as set forth in this Section 8.02. All notices and other communications provided for hereunder shall be either (a) in writing (including faxtelecopier, telegraphic or telex communication) and mailed, faxed telecopied, telegraphed, telexed or delivereddelivered or (y) as and to the extent set forth in Section 9.02(c) and in the proviso to this Section 9.02(a), if to any Borrower, at the Borrower address of the Company at its address at 0 Xxxxxxxxx Xxxxx29400 Lakeland Blvd., XxxxxxxxWickliffe, Xxxx 00000Ohio 44092-2298, Attention: Treasurer Treasurex (fax: (000) 000-0000; telephone: (000) 000-0000; email: xxxxxxx@xxx.xxx), with a copy to xxxx x xxxx xx xxx Xxxxxxx'x xxxxx xxxxxxxx xt the General Counsel (fax: (000) 000-0000; telephone: (000) 000-0000same address); if to any Initial Lender, at its Domestic Lending Office specified in opposite its Administrative Questionnairename on Schedule I hereto; if to any other Lender, at its Domestic Lending Office specified in the Assignment and Assumption Acceptance pursuant to which it became a Lender; and if to the Administrative Agent, at its address at Xxxxx Fargo BankTwo Penns Way, National AssociationNew Castle, 0000 X XX Xxxxxx Blvd, Charlotte, NC 28262, Mail Code: D1109-019Delaware 19720, Attention: Syndication Agency Services (fax: 000-000-0000Bank Loan Syndixxxxxxx Xxxxxxxxxx; telephone: 000-000-0000; email: xxxxxxxxxxxxxx.xxxxxxxx@xxxxxxxxxx.xxx); orxx, as to the Borrower xx xx xxx Xxxxxxxr or the Administrative Agent, at such other address as shall be designated by such party in a written notice to the other parties and, as to each other party, at such other address as shall be designated by such party in a written notice to the Borrower Borrowers and the Administrative Agent, provided that materials required to be delivered pursuant to Section 5.01(h)(i), (ii) or (iv) shall be delivered to the Agent as specified in Section 9.02(c). All such notices and communications shall shall, when mailed, telecopied, telegraphed or e-mailed, be effective when deposited in the mails, telecopied, delivered or received at the appropriate address or number to the attention of the appropriate individual telegraph company or departmentconfirmed by e-mail, respectively, except that notices and communications to the Administrative Agent pursuant to Article II, III or VII VIII shall not be effective until received by the Administrative Agent. Delivery by fax or electronic transmission telecopier of an executed counterpart of any amendment or waiver of any provision of this Agreement or the Notes or of any Exhibit hereto to be executed and delivered hereunder shall be effective as delivery of a manually executed counterpart thereof.

Appears in 1 contract

Samples: Day Credit Agreement (Lubrizol Corp)

Notices, Etc. (a) The Borrower hereby agrees that any notice that is required to be delivered to it hereunder shall be delivered to the Borrower as set forth in this Section 8.02. All notices and other communications provided for hereunder shall be either (x) in writing (including faxwhich includes electronic medium and facsimile communication) and mailed, faxed telecopied or delivereddelivered or (y) as and to the extent set forth in Section 9.02(b) and in the proviso to this Section 9.02(a), if to the Borrower Company or any other Borrower, to (or in care of) the Company, at its address at 0 Xxxxxxxxx Xxxxx000 Xxxxx Xxxxxx, XxxxxxxxXxx Xxxx, Xxx Xxxx 00000, Attention: Senior Vice President of Finance and Treasurer (fax: (000) 000-0000; telephone: (000) 000-0000; email: xxxxxxx@xxx.xxx), with a copy at the same address to the Senior Vice President and General Counsel (fax: (000) 000-0000; telephone: (000) 000-0000Counsel); if to any Initial Lender, at its Domestic Lending Office specified in opposite its Administrative Questionnairename on Schedule I hereto; if to any other Lender, at its Domestic Lending Office specified in the Assignment and Interpublic Credit Agreement Assumption pursuant to which it became a Lender; and if to the Administrative Agent, at its address at Xxxxx Fargo Bank, National AssociationBuilding #3, 0000 X XX Xxxxxx BlvdXxxxx Xxxx, CharlotteNew Castle, NC 28262, Mail Code: D1109-019Delaware 19720, Attention: Syndication Agency Services (faxBank Loan Syndications Department, email for Notice of Issuance, Notice of Borrowing: 000-000-0000; telephone: 000-000-0000; email: xxxxxxxxxxxxxx.xxxxxxxx@xxxxxxxxxx.xxx)XXXxxxxXxxxxxXxx@xxxx.xxx; or, as to the Borrower Company or the Administrative Agent, at such other address as shall be designated by such party in a written notice to the other parties and, as to each other party, at such other address as shall be designated by such party in a written notice to the Borrower Company and the Administrative Agent, provided that materials required to be delivered pursuant to Section 5.01(h) shall be delivered to the Agent as specified in Section 9.02(b). All such notices and communications shall shall, when mailed, telecopied or e-mailed, be effective when delivered deposited in the mails, telecopied or received at the appropriate address or number to the attention of the appropriate individual or departmentconfirmed by e-mail, respectively, except that notices and communications to the Administrative Agent pursuant to Article II, III or VII shall not be effective until received by the Administrative Agent. Delivery by fax electronic medium or electronic transmission facsimile of an executed counterpart of any amendment or waiver of any provision of this Agreement or any Notes or of any Exhibit hereto to be executed and delivered hereunder shall be effective as delivery of a manually executed counterpart thereof.

Appears in 1 contract

Samples: Credit Agreement (Interpublic Group of Companies, Inc.)

Notices, Etc. (a) The Borrower hereby agrees that any notice that is required to be delivered to it hereunder shall be delivered to the Borrower as set forth in this Section 8.02. All notices and other communications provided for hereunder shall be either (x) as and to the extent set forth in Section 9.02(b) or (y) in writing (including faxtelecopier or telegraphic communication) and mailed, faxed telecopied, telegraphed or delivered, if to the Borrower Company, at its address at 0 Xxxxxxxxx Xxxxx6200 Sprint Parkway, XxxxxxxxOverland Park, Xxxx 00000Kansas 66251, Attention: Treasurer Xxxxxxxxx (fax: (000) 000-0000; telephone: (000) 000-0000; email: xxxxxxx@xxx.xxx), with a copy to the General Counsel (fax: (000) 000-0000; telephoneXxxxxxxxxx Xx.: (000) 000-0000); if xx xx Sprint Capital, at its address at 6200 Sxxxxx Xxxxxxx, Overland Park, Kansas 66251, Attentiox: Xxxxxxxxx (Xxxxxxxxxx Xx.: (000) 000-0000); xx to any Initial Lender, at its Domestic Lending Office specified in Lexxxxx Xxxxxx xpecified opposite its Administrative Questionnairename on Schedule I hereto; if to any other Lender, at its Domestic Lending Office specified in the Assignment and Acceptance or the Assumption Agreement pursuant to which it became a Lender; and if to the Administrative Agent, at its address at Xxxxx Fargo Bank388 Greenwich Street, National AssociationNew York, 0000 X XX Xxxxxx Blvd, Charlotte, NC 28262, Mail Code: D1109-019New York 10013, Attention: Syndication Agency Services Xxxxxx Xxxx (faxXxxxxxxxxx Xx.: (000-) 000-0000; telephone: 000-000-0000; email: xxxxxxxxxxxxxx.xxxxxxxx@xxxxxxxxxx.xxx); orxx, as to the Borrower or the any Borxxxxx xx xxe Administrative AgentXxxxx, at such xx xxch other address as shall be designated by such party in a written notice to the other parties and, as to each other party, at such other address as shall be designated by such party in a written notice to the Borrower Borrowers and the Administrative Agent. All such notices and communications shall shall, when mailed, telecopied or telegraphed, be effective when deposited in the mails, telecopied or delivered or received at the appropriate address or number to the attention of the appropriate individual or departmenttelegraph company, respectively, except that notices and communications to the Administrative Agent pursuant to Article II, III or VII shall not be effective until received by the Administrative Agent. Delivery by fax or electronic transmission telecopier of an executed counterpart of any amendment or waiver of any provision of this Agreement or the Notes or of any Exhibit (other than the Notes) hereto to be executed and delivered hereunder shall be effective as delivery of a manually executed counterpart thereof.

Appears in 1 contract

Samples: Day Credit Agreement (Sprint Corp)

Notices, Etc. (a) The Borrower hereby agrees that any notice that is required to be delivered to it hereunder shall be delivered to the Borrower as set forth in this Section 8.02. All notices and other communications provided for hereunder shall be in writing (including faxincluding, without limitation, telegraphic, telex, telecopy or cable communication) and mailed, faxed telegraphed, telexed, telecopied, cabled or delivereddelivered by hand, if to the Borrower Borrower, at its address at 0 545 Xxxx Xxxx Xxxxxxxxx XxxxxXxxxxxx, XxxxxxxxSuite 1300, Xxxx 00000Irving, AttentionTexas 75062 (telecopy number: Treasurer (fax: (000) 972-000-0000; telephone) (xelephone number: (000) 972-000-0000; email), Xttention: xxxxxxx@xxx.xxx)Chief Financial Officer, with a copy to the Attention: General Counsel (fax: (000) 000-0000; telephone: (000) 000-0000)Counsel; if to any Initial Lender, at its Domestic Lending Office specified in opposite its Administrative Questionnairename on Schedule II; if to any other Lender, at its Domestic Lending Office specified in the Assignment and Assumption pursuant to which it became a Lender; if to the Administrative Agent, at its address at Xxxxx Fargo Bank380 Xxxxxxx Xxxxxx, National Association00xx Xxxxx, 0000 X XX Xxxxxx BlvdXxx Xxxx, Charlotte, NC 28262, Mail CodeXxx Xxxx 00000 (xxlecopy number: D1109-019, Attention: Syndication Agency Services (fax: 000212-000-0000; telephone) (xelephone number: 000212-000-0000), Xttention Charxxx Xxxxxxxx xxxh a copy to One Chase Manhxxxxx Xxxxx, 0xx Xxxxx, Xxx Xxxx, Xxx Xxxx 00000 (xxlecopy number: 212-000-0000) (xelephone number: 212-000-0000), Xttention Lindx Xxxxxxxxx; email: xxxxxxxxxxxxxx.xxxxxxxx@xxxxxxxxxx.xxx); orxx, as to the Borrower or the Administrative Agent, at such other address as shall be designated by such party in a written notice to the other parties and, as to each other party, at such other address as shall be designated by such party in a written notice to the Borrower and the Administrative Agent. All such notices and communications shall shall, when mailed, telegraphed, telexed, telecopied, cabled or delivered, be effective when deposited in the mails, delivered or received at the appropriate address or number to the attention telegraph company, confirmed by telex answerback, telecopied with confirmation of receipt, delivered to the appropriate individual cable company or departmentdelivered by hand to the addressee or its agent, respectively, except that notices and communications to the Administrative Agent pursuant to Article II, III II or VII IX shall not be effective until received by the Administrative Agent. Delivery by fax or electronic transmission of an executed counterpart of any amendment or waiver of any provision of this Agreement or of any Exhibit hereto to be executed and delivered hereunder shall be effective as delivery of a manually executed counterpart thereof.

Appears in 1 contract

Samples: Credit Agreement (Felcor Lodging Trust Inc)

Notices, Etc. (a) The Borrower hereby agrees that any notice that is required to be delivered to it hereunder shall be delivered to the Borrower as set forth in this Section 8.02. All notices and other communications provided for hereunder shall be in writing (including faxtelecopier, telegraphic or telex communication) and mailed, faxed telecopied, telegraphed, telexed or delivered, if to the Borrower any Borrower, at its address at 0 Xxxxxxxxx Xxxxxc/o Xxxxxx Xxxxxx Companies Inc., Xxxxxxxx000 Xxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000, Attention: Treasurer (faxTreasurer; if to PM Companies in its capacity as the guarantor under Article VIII, at its address at 000 Xxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000, Attention: (000) 000-0000; telephone: (000) 000-0000; email: xxxxxxx@xxx.xxx), with a copy to the General Counsel (fax: (000) 000-0000; telephone: (000) 000-0000)Secretary; if to any Initial Lender, at its Domestic Lending Office specified in opposite its Administrative Questionnairename on Schedule I hereto; if to any other Lender, at its Domestic Lending Office specified in the Assignment and Assumption Acceptance pursuant to which it became a Lender; and if to the Citibank, as Administrative Agent, at its address at Xxx Xxxxx Fargo BankXxx, National AssociationXxxxx 000, 0000 X XX Xxxxxx BlvdXxx Xxxxxx, Charlotte, NC 28262, Mail Code: D1109-019Xxxxxxxx 00000, Attention: Syndication Agency Services (fax: 000-000-0000; telephone: 000-000-0000; email: xxxxxxxxxxxxxx.xxxxxxxx@xxxxxxxxxx.xxx)Xxxx Xxxxxxx; or, as to the Borrower any Borrower, PM Companies or the Citibank, as Administrative Agent, at such other address as shall be designated by such party in a written notice to the other parties and, as to each other party, at such other address as shall be designated by such party in a written notice to the Borrower PM Companies and the Citibank, as Administrative Agent. All such notices and communications shall shall, when mailed, telecopied, telegraphed or telexed, be effective when deposited in the mails, telecopied, delivered or received at the appropriate address or number to the attention of the appropriate individual telegraph company or departmentconfirmed by telex answerback, respectively, except that notices and communications to the Citibank, as Administrative Agent Agent, pursuant to Article II, III or VII shall not be effective until received by the Citibank, as Administrative Agent. Delivery by fax or electronic transmission telecopier of an executed counterpart of any amendment or waiver of any provision of this Agreement or of any Exhibit hereto to be executed and delivered hereunder shall be effective as delivery of a manually executed counterpart thereof.

Appears in 1 contract

Samples: Credit Agreement (Philip Morris Companies Inc)

Notices, Etc. (a) The Borrower hereby agrees that any notice that is required to be delivered to it hereunder shall be delivered to the Borrower as set forth in this Section 8.02. All notices and other communications provided for hereunder shall be in writing (including faxtelecopy communication) and mailedtelecopied or delivered (by mail, faxed overnight delivery service or deliveredotherwise), if to any Account Party, to RenRe at the Borrower address set forth below on the signature pages hereof; if to any Lender, at its Lending Office; if to Wachovia (in its capacity as Issuing Bank) at its address at 0 Xxxxxxxxx 000 Xxxxxx Xxxxxx, Mail Code NC-6034, Xxxxxxx-Xxxxx, Xxxxxxxx, Xxxx Xxxxx Xxxxxxxx 00000, AttentionAttn: Treasurer (fax: International Operations - Standby Letter of Credit Department, Telecopy No. (000) 000-0000; telephoneand if to the Administrative Agent or Collateral Agent, at its address at Charlotte Plaza Building CP-23, 000 Xxxxx Xxxxxxx Xxxxxx, Xxxxxxxxx, Xxxxx Xxxxxxxx 00000-0000, Attn: Syndication Agency Services, Telecopy No. (000) 000-0000; email: xxxxxxx@xxx.xxx), with a copy to the General Counsel (fax: (000) 000-0000; telephone: (000) 000-0000); if to any Initial Lender, at its Domestic Lending Office specified in its Administrative Questionnaire; if to any other Lender, at its Domestic Lending Office specified in the Assignment and Assumption pursuant to which it became a Lender; if to the Administrative Agent, at its address at Xxxxx Fargo Bank, National Association, 0000 X XX Xxxxxx Blvd, Charlotte, NC 28262, Mail Code: D1109-019, Attention: Syndication Agency Services (fax: 000-000-0000; telephone: 000-000-0000; email: xxxxxxxxxxxxxx.xxxxxxxx@xxxxxxxxxx.xxx); or, as to the Borrower or the Administrative Agentany party, at such other address as shall be designated by such party in a written notice to the other parties and, as to each other party, at such other address as shall be designated by such party in a written notice to the Borrower and the Administrative Agentparties. All such notices and communications shall be effective effective, (i) when telecopied, when transmitted by telecopier, (ii) when delivered or received at via reputable overnight delivery service, on the appropriate address or number next Business Day following the date of mailing with such overnight delivery service, and (iii) otherwise, upon delivery to the attention of the appropriate individual or departmentparty receiving notice, except that notices and communications to the Administrative Agent pursuant to Article ARTICLE II, III or VII shall not be effective until received by the Administrative Agent. Delivery Manual delivery by fax or electronic transmission telecopier of an executed counterpart of any amendment or waiver of any provision of this Agreement or of any Exhibit hereto to be executed and delivered hereunder shall be effective as delivery of a manually an original executed counterpart thereof. Notwithstanding the foregoing, all communications and reports from the Credit Parties to the Lenders generally (other than notices required under SECTION 5.01(D)) may be made by posting to the IntraLinks (or comparable successor service acceptable to the Administrative Agent) web site, with e-mail notice timely initiated by the applicable web service, in which case such communications and reports will be effective when posted and the applicable notices released by e-mail.

Appears in 1 contract

Samples: Reimbursement Agreement (Renaissancere Holdings LTD)

Notices, Etc. (a) The Borrower hereby agrees that any notice that is required to be delivered to it hereunder shall be delivered to the Borrower as set forth in this Section 8.02. All notices and other communications ------------ provided for hereunder shall be in writing (including faxtelecopier, telegraphic or telex communication) and mailed, faxed telecopied, telegraphed, telexed or delivered, if to the Borrower Borrower, at its address at 0 Xxxxxxxxx Xxxxx00 Xxxxxxxxxx Xxxxxx, XxxxxxxxXxxxxx XX0X 0XX, Xxxx 00000Xxxxxxx, Attention: Treasurer (fax: (000) 000-0000; telephone: (000) 000-0000; email: xxxxxxx@xxx.xxx)Xxxxxxx X. Xxxxxx, with a copy to the General Counsel (fax0000 Xxxxxxxxx Xxxxxx X.X., Xxxxx 000, Xxxxxxx, Xxxxxxx 00000, Attention: (000) 000-0000; telephone: (000) 000-0000)Xxxx Xxxx; if to any Initial Lender, at its Domestic Lending Office specified in opposite its Administrative Questionnairename on Schedule I hereto; if to any other Lender, at its Domestic Lending Office specified in the Assumption Agreement or the Assignment and Assumption Acceptance pursuant to which it became a Lender; and if to the Administrative AgentFunding Agent pursuant to Article II, at its address at 000 Xxxxx Fargo Bank, National Association, 0000 X XX Xxxxxx BlvdXxxxxx, Charlotte, NC 28262, Mail Code: D1109-019North Carolina 28255, Attention: Syndication Agency Services (faxXxxxxxxx Xxxxxx, and if the Funding Agent pursuant to any provision of this Agreement other than Article II, at its address at 000 Xxxxxxxxx Xxxxxx X.X., Xxxxxxx, Xxxxxxx 00000, Attention: 000-000-0000; telephone: 000-000-0000; email: xxxxxxxxxxxxxx.xxxxxxxx@xxxxxxxxxx.xxx)Xxxxx Xxxx; or, as to the Borrower or the Administrative Funding Agent, at such other address as shall be designated by such party in a written notice to the other parties and, as to each other party, at such other address as shall be designated by such party in a written notice to the Borrower and the Administrative Funding Agent. All such notices and communications shall shall, when mailed, telecopied, telegraphed or telexed, be effective when deposited in the mails, telecopied, delivered or received at the appropriate address or number to the attention of the appropriate individual telegraph company or departmentconfirmed by telex answerback, respectively, except that notices and communications to the Administrative Funding Agent pursuant to Article II, III or VII shall not be effective until received by the Administrative Funding Agent. Delivery by fax or electronic transmission telecopier of an executed counterpart of any amendment or waiver of any provision of this Agreement or the Notes or of any Exhibit hereto to be executed and delivered hereunder shall be effective as delivery of a manually executed counterpart thereof.

Appears in 1 contract

Samples: Year Credit Agreement (Amvescap PLC/London/)

Notices, Etc. (a) The Borrower hereby agrees that any notice that is required to be delivered to it hereunder shall be delivered to the Borrower as set forth in this Section 8.02. All notices and other communications provided for hereunder shall be in writing (including faxtelecopier communication) and mailed, faxed telecopied or delivered, if to the Borrower Borrower, at its address at 0 Xxxxxxxxx Xxxxxat: 0000 Xxxx Xxxxx Xxxxx Xxxx Xxxxxx, Xxxxxxxx, Xxxx 00000, Xxxxxxxx 00000 Attention: Treasurer (fax: (000) 000-0000; telephone: (000) 000-0000; email: xxxxxxx@xxx.xxx), with a copy to the General Counsel (fax: (000) 000-0000; telephone: (000) 000-0000); Chief Financial Officer if to any Initial Lender, at its Domestic Lending Office specified in its Administrative Questionnaire; if to any other Lender, at its Domestic Lending Office specified in its Administrative Questionnaire or the Assignment and Assumption Acceptance pursuant to which it became a Lender; and if to the Administrative Agent, at its address at at: 000 Xxxxx Fargo BankXxXxxxx Xxxxxx, National AssociationXxxxx 000 Xxxxxxx, 0000 X XX Xxxxxx Blvd, Charlotte, NC 28262, 00000 Mail Code: D1109IL4-019, 135-09-61 Attention: Syndication Agency Services (fax: 000-000-0000; telephone: 000-000-0000; email: xxxxxxxxxxxxxx.xxxxxxxx@xxxxxxxxxx.xxx); Xxxx Xxxxxx or, as to the Borrower or the Administrative Agent, at such other address as shall be designated by such party in a written notice to the other parties and, as to each other party, at such other address as shall be designated by such party in a written notice to the Borrower and the Administrative Agent. All such notices and communications shall shall, when mailed, telecopied or delivered, be effective when delivered deposited in the mails, telecopied or received at the appropriate address or number to the attention of the appropriate individual or departmentdelivered, respectively, except that notices and communications to the Administrative Agent pursuant to Article II, Article III or Article VII shall not be effective until received by the Administrative Agent. Delivery by fax or electronic transmission telecopier of an executed counterpart of any amendment or waiver of any provision of this Agreement or any other Loan Document or of any Exhibit hereto to be executed and delivered hereunder shall be effective as delivery of a manually executed counterpart thereof. Notices and other communications to the Lenders hereunder may be delivered or furnished by electronic communications (including e-mail and internet or intranet websites) pursuant to procedures approved by the Agent; provided that the foregoing shall not apply to notices pursuant to Article II unless otherwise agreed by the Agent and the applicable Lender. The Agent or the 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. All such notices and other communications (i) sent to an e-mail address shall be deemed received upon the sender’s receipt of an acknowledgement from the intended recipient (such as by the “return receipt requested” function, as available, return e-mail or other written acknowledgement), provided that if not given during the normal business hours of the recipient, such notice or communication shall be deemed to have been given at the opening of business on the next Business Day for the recipient, and (ii) posted to an Internet or intranet website shall be deemed received upon the deemed receipt by the intended recipient at its e-mail address as described in the foregoing clause (b)(i) of notification that such notice or communication is available and identifying the website address therefor.

Appears in 1 contract

Samples: Credit Agreement (Packaging Corp of America)

Notices, Etc. (a) The Borrower Contingent Obligors hereby agrees that appoint ACC to act as agent for the Contingent Obligors with respect to the receiving and giving of any notice that notices or any other written instruction hereunder. The Administrative Agent is required hereby entitled to rely on any communication given or transmitted by ACC as if such communication were given or transmitted by each and every Contingent Obligor. All notices, requests and demands to or upon the respective parties hereto to be delivered to it hereunder shall be delivered to the Borrower as set forth in this Section 8.02. All notices and other communications provided for hereunder effective shall be in writing (including fax) and mailedby telecopy, faxed telegraph or deliveredtelex), if and, unless otherwise expressly provided herein, shall be deemed to have been duly given or made when delivered by hand, or, in the case of mail or telecopy notice, when received, or, in the case of telegraphic notice, when delivered to the Borrower at telegraph company, or, in the case of telex notice, when sent, answer back received, addressed as follows or, with respect to a Lender or Agent other than an initial Lender or Agent, as set forth in its respective Assignment and Assumption or Joinder Supplement, or to such other address at 0 Xxxxxxxxx as may be hereafter notified by the respective parties hereto: The Borrowers AFS Funding Corp. 000 Xxxxxx Xxxx, Suite 390 Reno, Nevada 89509 Attention: Chief Financial Officer Telephone: Telefax: 000-000-0000 AFS SenSub Corp. 000 Xxxxxx Xxxx, Suite 390 Reno, Nevada 89509 Attention: Chief Financial Officer Telephone: Telefax: 000-000-0000 with a copy to: AmeriCredit Corp. 000 Xxxxxx Xxxxxx, Xxxxx 0000 Xxxx Xxxxx, Xxxxxxxx, Xxxx 00000, Xxxxx 00000 Attention: Treasurer Telephone: 000-000-0000 Telefax: 000-000-0000 ACC as agent AmeriCredit Corp. for the Contingent 000 Xxxxxx Xxxxxx, Xxxxx 0000 Obligors Xxxx Xxxxx, Xxxxx 00000 Attention: Treasurer Telephone: 000-000-0000 Telefax: 000-000-0000 Administrative Deutsche Bank Trust Company Americas Agent 0000 Xxxx Xx. Xxxxxx Xxxxx Santa Ana, California 92705 Attention: Telephone: (fax000) 000-0000 Telefax: (000) 000-0000 Lender Collateral Deutsche Bank Trust Company Americas Agent 0000 Xxxx Xx. Xxxxxx Xxxxx Santa Ana, California 92705 Attention: Trust Administration - AmeriCredit Telephone: 714) 000-0000 Telefax: (000) 000-0000; telephone: (000) 000-0000; email: xxxxxxx@xxx.xxx), with a copy to the General Counsel (fax: (000) 000-0000; telephone: (000) 000-0000); if to any Initial Lender, at its Domestic Lending Office specified in its Administrative Questionnaire; if to any other Lender, at its Domestic Lending Office specified in the Assignment and Assumption pursuant to which it became a Lender; if to the Administrative Agent, at its address at Xxxxx Fargo Bank, National Association, 0000 X XX Xxxxxx Blvd, Charlotte, NC 28262, Mail Code: D1109-019, Attention: Syndication Agency Services (fax: 000-000-0000; telephone: 000-000-0000; email: xxxxxxxxxxxxxx.xxxxxxxx@xxxxxxxxxx.xxx); or, as to the Borrower or the Administrative Agent, at such other address as shall be designated by such party in a written notice to the other parties and, as to each other party, at such other address as shall be designated by such party in a written notice to the Borrower and the Administrative Agent. All such notices and communications shall be effective when delivered or received at the appropriate address or number to the attention of the appropriate individual or department, except that notices and communications to the Administrative Agent pursuant to Article II, III or VII shall not be effective until received by the Administrative Agent. Delivery by fax or electronic transmission of an executed counterpart of any amendment or waiver of any provision of this Agreement or of any Exhibit hereto to be executed and delivered hereunder shall be effective as delivery of a manually executed counterpart thereof.

Appears in 1 contract

Samples: Credit Agreement (Americredit Financial Services Inc)

Notices, Etc. (a) The Borrower hereby agrees that any notice that is required to be delivered to it hereunder shall be delivered to the Borrower as set forth in this Section 8.02. All notices and other communications provided for hereunder shall be in writing (including faxtelegraphic, telecopy or telex communication) and mailed, faxed telegraphed, telecopied, telexed or delivered, if to the Borrower Parent, at its address at 0 0000 Xxxxxxxxx XxxxxXxxx, XxxxxxxxXxxxx 000, Xxxx Xxxxxxx, XX 00000, Attention: Treasurer (fax: (000) 000-0000Xxxxxxx Xxxxxx; telephone: (000) 000-0000; email: xxxxxxx@xxx.xxx), with a copy if to the General Counsel (faxBorrower, at its address at 0000 Xxxxxxxxx Xxxx, Xxxxx 000, Xxxxxxx, XX 00000, Attention: (000) 000-0000; telephone: (000) 000-0000)Xxxxxxx Xxxxxx; if to any Initial LenderLender Party, at its Domestic Lending Office specified in opposite its Administrative Questionnairename on Schedule I hereto; if to any other LenderLender Party, at its Domestic Lending Office specified in the Assignment and Assumption Acceptance pursuant to which it became a LenderLender Party; if to the Collateral Agent, at its address at 0000 Xxxxxxxx, 00xx Xxxxx, Xxx Xxxx, XX 00000, Attention: Xxxxx Xxxxxx, with a copy to it at 1221 Avenue of the Xxxxxxxx, 00xx Xxxxx, Xxx Xxxx, XX 00000, Attention: Xxxxxx Xxxxxxx; and if to the Administrative Agent, at its address at Xxxxx Fargo Bank0000 Xxxxxxxx, National Association00xx Xxxxx, 0000 X Xxx Xxxx, XX Xxxxxx Blvd, Charlotte, NC 28262, Mail Code: D1109-01900000, Attention: Syndication Agency Services (faxXxxxx Xxxxxx, with a copy to it at 1221 Avenue of the Xxxxxxxx, 00xx Xxxxx, Xxx Xxxx, XX 00000, Attention: 000-000-0000; telephone: 000-000-0000; email: xxxxxxxxxxxxxx.xxxxxxxx@xxxxxxxxxx.xxx)Xxxxxx Xxxxxxx; or, as to the Borrower or the Administrative Agent, at such other address as shall be designated by such party in a written notice to the other parties and, as to each other party, at such other address as shall be designated by such party in a written notice to the Borrower and the Administrative Agent. All such notices and other communications shall shall, when mailed, telegraphed, telecopied or telexed, be effective when deposited in the mails, delivered or received at the appropriate address or number to the attention of the appropriate individual telegraph company, transmitted by telecopier or departmentconfirmed by telex answerback, respectively, except that notices and communications to the Administrative any Agent pursuant to Article II, III or VII VIII shall not be effective until received by the Administrative such Agent. Delivery by fax or electronic transmission telecopier of an executed counterpart of any amendment or waiver of any provision of this Agreement or the Notes or of any Exhibit hereto to be executed and delivered hereunder shall be effective as delivery of a manually an original executed counterpart thereof.

Appears in 1 contract

Samples: Credit Agreement (Servico Market Center Inc)

Notices, Etc. (a) The Borrower hereby agrees that any notice that is required to be delivered to it hereunder shall be delivered to the Borrower as set forth in this Section 8.02. All notices and other communications provided for hereunder shall be in writing (including faxtelecopy communication) and mailedtelecopied or delivered (by mail, faxed overnight delivery service or deliveredotherwise), if to any Account Party, to RenRe at the Borrower address set forth below on the signature pages hereof; if to any Lender, at its Lending Office; if to Wachovia (in its capacity as Issuing Bank) at its address at 0 Xxxxxxxxx 000 Xxxxxx Xxxxxx, Mail Code NC-6034, Xxxxxxx-Xxxxx, Xxxxxxxx, Xxxx Xxxxx Xxxxxxxx 00000, AttentionAttn: Treasurer (fax: International Operations -- Standby Letter of Credit Department, Telecopy No. (000) 000-0000; telephoneand if to the Administrative Agent or Collateral Agent, at its address at Charlotte Plaza Building CP-23, 000 Xxxxx Xxxxxxx Xxxxxx, Xxxxxxxxx, Xxxxx Xxxxxxxx 00000-0000, Attn: Syndication Agency Services, Telecopy No. (000) 000-0000; email: xxxxxxx@xxx.xxx), with a copy to the General Counsel (fax: (000) 000-0000; telephone: (000) 000-0000); if to any Initial Lender, at its Domestic Lending Office specified in its Administrative Questionnaire; if to any other Lender, at its Domestic Lending Office specified in the Assignment and Assumption pursuant to which it became a Lender; if to the Administrative Agent, at its address at Xxxxx Fargo Bank, National Association, 0000 X XX Xxxxxx Blvd, Charlotte, NC 28262, Mail Code: D1109-019, Attention: Syndication Agency Services (fax: 000-000-0000; telephone: 000-000-0000; email: xxxxxxxxxxxxxx.xxxxxxxx@xxxxxxxxxx.xxx); or, as to the Borrower or the Administrative Agentany party, at such other address as shall be designated by such party in a written notice to the other parties and, as to each other party, at such other address as shall be designated by such party in a written notice to the Borrower and the Administrative Agentparties. All such notices and communications shall be effective effective, (i) when telecopied, when transmitted by telecopier, (ii) when delivered or received at via reputable overnight delivery service, on the appropriate address or number next Business Day following the date of mailing with such overnight delivery service, and (iii) otherwise, upon delivery to the attention of the appropriate individual or departmentparty receiving notice, except that notices and communications to the Administrative Agent pursuant to Article II, III or VII shall not be effective until received by the Administrative Agent. Delivery Manual delivery by fax or electronic transmission telecopier of an executed counterpart of any amendment or waiver of any provision of this Agreement or of any Exhibit hereto to be executed and delivered hereunder shall be effective as delivery of a manually an original executed counterpart thereof. Notwithstanding the foregoing, all communications and reports from the Credit Parties to the Lenders generally (other than notices required under SECTION 5.01(d)) may be made by posting to the IntraLinks (or comparable successor service acceptable to the Administrative Agent) web site, with e-mail notice timely initiated by the applicable web service, in which case such communications and reports will be effective when posted and the applicable notices released by e-mail.

Appears in 1 contract

Samples: Reimbursement Agreement (Renaissancere Holdings LTD)

Notices, Etc. (a) The Borrower hereby agrees that any notice that is required to be delivered to it hereunder shall be delivered to the Borrower as set forth in this Section 8.02. All notices and other communications provided for hereunder shall be either (x) in writing (including faxfacsimile communication) and mailed, faxed telecopied or delivereddelivered or (y) as and to the extent set forth in Section 9.02(b) and in the proviso to this Section 9.02(a), if to the Borrower Company or any other Borrower, to (or in care of) the Company, at its address at 0 Xxxxxxxxx Xxxxx, 0000 Xxxxxx xx xxx Xxxxxxxx, Xxx Xxxx, Xxx Xxxx 00000, Attention: Senior Vice President of Finance and Treasurer (fax: (000) 000-0000; telephone: (000) 000-0000; email: xxxxxxx@xxx.xxx), with a copy at the same address to the Senior Interpublic Credit Agreement Vice President and General Counsel (fax: (000) 000-0000; telephone: (000) 000-0000Counsel); if to any Initial Lender, at its Domestic Lending Office specified in opposite its Administrative Questionnairename on Schedule I hereto; if to any other Lender, at its Domestic Lending Office specified in the Assignment and Assumption pursuant to which it became a Lender; and if to the Administrative Agent, at its address at Xxxxx Fargo Bank, National AssociationBuilding #3, 0000 X XX Xxxxxx BlvdXxxxx Xxxx, CharlotteNew Castle, NC 28262, Mail Code: D1109-019Delaware 19720, Attention: Syndication Agency Services (fax: 000-000-0000; telephone: 000-000-0000; email: xxxxxxxxxxxxxx.xxxxxxxx@xxxxxxxxxx.xxx)Bank Loan Syndications Department; or, as to the Borrower Company or the Administrative Agent, at such other address as shall be designated by such party in a written notice to the other parties and, as to each other party, at such other address as shall be designated by such party in a written notice to the Borrower Company and the Administrative Agent, provided that materials required to be delivered pursuant to Section 5.01(h)(i), (ii) or (iv) shall be delivered to the Agent as specified in Section 9.02(b) or as otherwise specified to the applicable Borrower by the Agent. All such notices and communications shall shall, when mailed, telecopied or e-mailed, be effective when delivered deposited in the mails, telecopied or received at the appropriate address or number to the attention of the appropriate individual or departmentconfirmed by e-mail, respectively, except that notices and communications to the Administrative Agent pursuant to Article II, III or VII shall not be effective until received by the Administrative Agent. Delivery by fax or electronic transmission facsimile of an executed counterpart of any amendment or waiver of any provision of this Agreement or any Notes or of any Exhibit hereto to be executed and delivered hereunder shall be effective as delivery of a manually executed counterpart thereof.

Appears in 1 contract

Samples: Credit Agreement (Interpublic Group of Companies, Inc.)

Notices, Etc. (a) The Borrower hereby agrees that any notice that is required to be delivered to it hereunder shall be delivered to the Borrower as set forth in this Section 8.02. All notices and other communications provided for hereunder shall be in writing (including faxtelegraphic or telecopy communication) and mailed, faxed telegraphed, telecopied or delivered, if to the Borrower or any Guarantor, at its (i) the Borrower’s address at 0 Xxxxxxxxx 0000 Xxxxxxxxxx Xxxxx, XxxxxxxxXxxxxx, Xxxx 00000, Attention: Treasurer Treasurer, (faxii) Xxx Xxxxxxx Xxxxxx Xxxxx, Xxx Xxxxx Xxxxxxxx 00000, Attention: Xxx Xxxxxxxxx and (iii) as well as to the attention of the general counsel of the Borrower at the Borrower’s address, fax number (000) 000-0000; telephone: (000) 000-0000; email: xxxxxxx@xxx.xxx), with a copy to the General Counsel (fax: (000) 000-0000; telephone: (000) 000-0000); if to any Initial LenderLender or any Issuing Banks, at its Domestic Applicable Lending Office Office, respectively, specified in opposite its Administrative Questionnairename on Schedule I hereto; if to any other LenderLender Party, at its Domestic Applicable Lending Office specified in the Assignment and Assumption Acceptance pursuant to which it became a LenderLender Party; if to the Administrative Agent, at its address at Xxxxx Fargo Bank000 Xxxxxxxxx Xxxxxx, National AssociationXxx Xxxx, 0000 X XX Xxxxxx BlvdXxx Xxxx 00000, Charlotte, NC 28262, Mail Code: D1109fax number (000) 000-0190000, Attention: Syndication Agency Services Xxxxx Xxxxxx, as well as to Shearman & Sterling, counsel to the Administrative Agent, at its address at 000 Xxxxxxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000, fax number (fax: 000-) 000-0000; telephone, Attention: 000-000-0000; email: xxxxxxxxxxxxxx.xxxxxxxx@xxxxxxxxxx.xxx)Xxxxx X’Xxxxxxxx, Esq.; or, as to the Borrower Borrower, any Guarantor or the Administrative Agent, at such other address as shall be designated by such party in a written notice to the other parties and, as to each other party, at such other address as shall be designated by such party in a written notice to the Borrower and the Administrative Agentparties. All such notices and communications shall shall, when mailed, telegraphed or telecopied, be effective when three Business Days after being deposited in the U.S. mails, first class postage prepaid, delivered or received at the appropriate address or number to the attention of the appropriate individual telegraph company or departmentconfirmed as received when sent by telecopier, respectively, except that notices and communications to the Administrative Agent pursuant to Article II, III or VII shall not be effective until received by the Administrative Agent. Delivery by fax or electronic transmission telecopier of an executed counterpart of any amendment or waiver of any provision of this Agreement or the Notes or of any Exhibit hereto to be executed and delivered hereunder shall be effective as delivery of a manually executed counterpart thereof.

Appears in 1 contract

Samples: And Guaranty Agreement (Dana Holding Corp)

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Notices, Etc. (a) The Borrower hereby agrees that any notice that is required to be delivered to it hereunder shall be delivered to the Borrower as set forth in this Section 8.02. All notices and other communications provided for hereunder shall be in writing (including faxtelecopier, telegraphic or telex communication) and mailed, faxed telecopied, telegraphed, telexed or delivered, if to the Borrower Company or to any Designated Subsidiary, at its the Company's address at 0 Xxxxxxxxx XxxxxCorporate Headquarters, Xxxxxxxx100 Crystal A Drive, Xxxx 00000Hershey, Pennsylvania 17033-0810, Attention: Treasurer (fax: Xxxxxxxx Xxxxxxxxxx, Xxx Xx. (000) 000-0000; telephone: (000) 000-0000; email: xxxxxxx@xxx.xxx), with a copy to the General Counsel (fax: (000) 000-0000; telephone: (000) 000-0000); if to xx xo any Initial Lender, at its Domestic Lending Office specified in Xxxxxx xxxxxxxed opposite its Administrative Questionnairename on Schedule I hereto; if to any other Lender, at its Domestic Lending Office specified in the Assumption Agreement or the Assignment and Assumption Acceptance, as the case may be, pursuant to which it became a Lender; and if to the Administrative Agent, at its address at Xxxxx Fargo BankTwo Penn's Way, National AssociationNew Castle, 0000 X XX Xxxxxx Blvd, Charlotte, NC 28262, Mail Code: D1109-019Delaware 19720, Attention: Syndication Agency Services Bank Loan Syxxxxxxxxxx, Xxx Xx. (fax: 000-) 000-0000; telephone: 000-000-0000; email: xxxxxxxxxxxxxx.xxxxxxxx@xxxxxxxxxx.xxx); orxx, as to the any Borrower or the Administrative Agent, at such other address as shall xxxxxxx xx xxxll be designated by such party in a written notice to the other parties and, as to each other party, at such other address as shall be designated by such party in a written notice to the Borrower Company and the Administrative Agent. All such notices and communications shall shall, when mailed, telecopied, telegraphed or telexed, be effective when deposited in the mails, telecopied, delivered or received at the appropriate address or number to the attention of the appropriate individual telegraph company or departmentconfirmed by telex answerback, respectively, except that notices and communications to the Administrative Agent pursuant to Article II, III or VII VIII shall not be effective until received by the Administrative Agent. Delivery by fax or electronic transmission telecopier of an executed counterpart of any amendment or waiver of any provision of this Agreement or the Notes or of any Exhibit hereto to be executed and delivered hereunder shall be effective as delivery of a manually executed counterpart thereof.

Appears in 1 contract

Samples: Credit Agreement (Hershey Foods Corp)

Notices, Etc. (a) The Borrower hereby agrees that any notice that is required to be delivered to it hereunder shall be delivered to the Borrower as set forth in this Section 8.02. All notices and other communications provided for hereunder shall be in writing (including faxtelegraphic, telecopy or electronic mail communication) and mailed, faxed telegraphed, telecopied, sent by electronic mail (with an electronic attachment containing a hand-written signature and with immediate confirmation by mail, telephone or telecopier) or delivered, if to the Borrower Borrower, at its address at 0 Xxxxxxxxx Xxxxx0000 Xxxxxxx Xxxx, XxxxxxxxSuite 400, Xxxx 00000Northbrook, Illinois 60062, Attention: Treasurer (fax: Chief Financial Officer, telecopier number (000) 000-0000; telephone: 0000 (000) 000-0000; email: xxxxxxx@xxx.xxx), with a copy to the General Counsel (faxfollowing written notice of such request by the Borrower to the other parties); if to any Guarantor, at its address at c/o Grubb & Xxxxx Company, 0000 Xxxxxxx Xxxx, Suite 400, Northbrook, Illinois 60062, Attention: Chief Financial Officer, telecopier number (000) 000-0000; telephone: , (000) 000-0000with a copy to the General Counsel of Xxxxx & Xxxxx Company following written notice of such request by a Guarantor to the other parties); if to any Initial LenderLender Party, at its Domestic Lending Office specified in opposite its Administrative Questionnairename on Schedule I hereto; if to any other LenderLender Party, at its Domestic Lending Office specified in the Assignment and Assumption Acceptance pursuant to which it became a LenderLender Party; and if to the Administrative Agent, at its address at Xxxxx Fargo Bank00 Xxxx Xxxxxx, National AssociationXxx Xxxx, 0000 X XX Xxxxxx Blvd, Charlotte, NC 28262, Mail Code: D1109-019Xxx Xxxx 00000, Attention: Syndication Agency Services Xxxxx Xxxx, telecopier number (fax: 000-) 000-0000; telephone: 000-000-0000; email: xxxxxxxxxxxxxx.xxxxxxxx@xxxxxxxxxx.xxx); or, as to the Borrower or the Administrative Agentany party, at such other address as shall be designated by such party in a written notice to the other parties and, as to each other party, at such other address as shall be designated by such party in a written notice to the Borrower and the Administrative Agentparties. All such notices and other communications shall shall, when mailed or telecopied, be effective when delivered deposited in the mails or received at the appropriate address or number to the attention of the appropriate individual or departmenttransmitted by telecopier, respectively, except that notices and communications to the Administrative Agent pursuant to Article II, III or VII shall not be effective until received by the Administrative Agent. Delivery by fax or electronic transmission telecopier of an executed counterpart of a signature page to any amendment or waiver of any provision of this Agreement or the Notes or of any Exhibit hereto to be executed and delivered hereunder shall be effective as delivery of a manually an original executed counterpart thereof.

Appears in 1 contract

Samples: Credit Agreement (Grubb & Ellis Co)

Notices, Etc. (a) The Borrower hereby agrees that any notice that is required to be delivered to it hereunder shall be delivered to the Borrower as set forth in this Section 8.02. All notices and other communications provided for hereunder shall be in writing (including faxtelegraphic or telecopy communication) and mailed, faxed telegraphed, telecopied or delivered, if to the Borrower or any Guarantor, at its the Borrower’s address at 0 Xxxxxxxxx 0000 Xxxxxxxxxx Xxxxx, XxxxxxxxXxxxxx, Xxxx 00000, Attention: Treasurer (fax: Treasurer, as well as to the attention of the general counsel of the Borrower at the Borrower’s address, fax number (000) 000-0000; telephone: (000) 000-0000; email: xxxxxxx@xxx.xxx), with a copy to the General Counsel (fax: (000) 000-0000; telephone: (000) 000-0000); if to any Initial LenderLender or any Issuing Banks, at its Domestic Applicable Lending Office Office, respectively, specified in opposite its Administrative Questionnairename on Schedule I hereto; if to any other LenderLender Party, at its Domestic Applicable Lending Office specified in the Assignment and Assumption Acceptance pursuant to which it became a LenderLender Party; if to the Administrative Agent, at its address at Xxxxx Fargo Bank000 Xxxxxxxxx Xxxxxx, National AssociationXxx Xxxx, 0000 X XX Xxxxxx BlvdXxx Xxxx 00000, Charlotte, NC 28262, Mail Code: D1109fax number (000) 000-0190000, Attention: Syndication Agency Services Xxxxxxxxx Xxxxx, as well as to Shearman & Sterling, counsel to the Administrative Agent, at its address at 000 Xxxxxxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000, fax number (fax: 000-) 000-0000; telephone, Attention: 000-000-0000; email: xxxxxxxxxxxxxx.xxxxxxxx@xxxxxxxxxx.xxx)Xxxxx X’Xxxxxxxx, Esq.; or, as to the Borrower Borrower, any Guarantor or the Administrative Agent, at such other address as shall be designated by such party in a written notice to the other parties and, as to each other party, at such other address as shall be designated by such party in a written notice to the Borrower and the Administrative Agentparties. All such notices and communications shall shall, when mailed, telegraphed or telecopied, be effective when three Business Days after being deposited in the U.S. mails, first class postage prepaid, delivered or received at the appropriate address or number to the attention of the appropriate individual telegraph company or departmentconfirmed as received when sent by telecopier, respectively, except that notices and communications to the Administrative Agent pursuant to Article II, III or VII shall not be effective until received by the Administrative Agent. Delivery by fax or electronic transmission telecopier of an executed counterpart of any amendment or waiver of any provision of this Agreement or the Notes or of any Exhibit hereto to be executed and delivered hereunder shall be effective as delivery of a manually executed counterpart thereof.

Appears in 1 contract

Samples: And Guaranty Agreement (Dana Holding Corp)

Notices, Etc. (a) The Borrower hereby agrees that any notice that is required to be delivered to it hereunder shall be delivered to the Borrower as set forth in this Section 8.02. All notices and other communications provided for hereunder shall be in writing (including faxtelecopy communication) and mailedmailed (by certified mail), faxed telecopied or delivered, delivered by hand; if to the Borrower Borrower, at its address at 0 Xxxxxxxxx Xxxxx161 Inverness Drive West, XxxxxxxxEnglewood, Xxxx 00000CO 80112, Attention: Treasurer (faxfacsimile: (000303) 000-0000; telephone, Xxxxxxxxx: (000) 000-0000; email: xxxxxxx@xxx.xxx)Xxxxxxx X. Xxxx, with Xx., xxth a copy to the Xxxxxxx X. Xxxoff, General Counsel (fax: (000) 000-0000Xxxxxxx; telephone: (000) 000-0000); if to any Initial xx xx xxx Xnitial Lender, at its Domestic Lending xxx Xxxxxxxx Xxxding Office specified in opposite its Administrative Questionnairename on Schedule I hereto; if to any other Lender, at its Domestic Lending Office specified in the Assignment and Assumption Acceptance pursuant to which it became a Lender; if to the Administrative Agent or the Collateral Agent, at its address at Xxxxx Fargo Bank1 Liberty Plaza, National Association5th floor, 0000 X XX Xxxxxx BlvdNew York, CharlotteNew York 10006-1404, NC 28262, Mail CodeFacsixxxx: D1109-019, Attention: Syndication Agency Services (fax: 000-) 000-0000; telephoneXxxxxxxxx: Xxxxxx Xxxxx; xxxx x xxxy to Aurora Lxxxxxxxx xx 0 Liberty Plaza, 0xx xxxxx, New York, New Yoxx 00000-0000, Xacsixxxx: (000-) 000-0000; email: xxxxxxxxxxxxxx.xxxxxxxx@xxxxxxxxxx.xxx); orxx, as to the Borrower or the Administrative Agentxx xx xxx xxxxx, at such other xx xxxx xxxxx address as shall be designated shxxx xx xxxxxxxted by such party in a written notice to the other parties and, as to each other party, at such other address as shall be designated by such party in a written notice to the Borrower and the Administrative Agentparties. All such notices and other communications shall, when mailed (by certified mail), telecopied or delivered shall be effective when delivered or received at the appropriate address or number to the attention of the appropriate individual or department, except that notices and communications to the Administrative Agent pursuant to Article II, III or VII shall not be effective until received by the Administrative Agentparty being notified. Delivery by fax or electronic transmission telecopier of an executed counterpart of any amendment or waiver of any provision of this Agreement or the Term Notes or of any Exhibit hereto to be executed and delivered hereunder shall be effective as delivery of a manually an original executed counterpart thereof.

Appears in 1 contract

Samples: Security Agreement (Icg Communications Inc /De/)

Notices, Etc. (a) The Borrower hereby agrees that any notice that is required to be delivered to it hereunder shall be delivered to the Borrower as set forth in this Section 8.02. All notices and other communications provided for hereunder shall be in writing and mailed or delivered by courier or facsimile: (including faxA) and mailed, faxed or delivered, if to the Borrower Borrower, at its address at 0 Xxxxxxxxx XxxxxSunrun Xxxx Portfolio 2021, XxxxxxxxLLC c/o Sunrun Inc., 000 Xxxx 00000Xxxxxx, Suite 1400, San Francisco, CA 94104, Attention: Treasurer General Counsel; (fax: (000B) 000-0000; telephone: (000) 000-0000; email: xxxxxxx@xxx.xxx), with a copy to the General Counsel (fax: (000) 000-0000; telephone: (000) 000-0000); if to any Initial Lender, at its Domestic Lending Office specified in its Administrative Questionnaire; if to any other Lender, at its Domestic Lending Office specified in the Assignment and Assumption pursuant to which it became a Lender; if to the Administrative Agent, at its address at Xxxxx Fargo BankAtlas Securitized Products Holdings, National AssociationL.P., 0000 X 00 Xxxxxxx Xxxxxx, 0xx Xxxxx, Xxx Xxxx, XX Xxxxxx Blvd, Charlotte, NC 28262, Mail Code: D1109-01900000, Attention: Syndication Agency Services ATLAS SP Partners – Warehouse Financing, email address: [***]; (fax: 000-000-0000; telephone: 000-000-0000; email: xxxxxxxxxxxxxx.xxxxxxxx@xxxxxxxxxx.xxx); or, as C) if to the Borrower Collateral Agent or the Administrative Paying Agent, Computershare Trust Company, N.A., 0000 Xxxxxx Xxxx Xxxxx, Xx. Xxxx, Minnesota 55108, Attention: Computershare Corporate Trust – Asset-Backed Administration, email address: [***]; and (D) in the case of any party, at such address or other address as shall be designated by such party in a written notice to each of the other parties andhereto. Notwithstanding the foregoing, as to each other party, at such other address as shall be designated by such party Quarterly Transaction Manager Report described in a written notice to the Borrower Section 5.1(D) and the Administrative AgentBorrowing Base Certificate described in Section 5.1(F) may be delivered by electronic mail; provided, that such electronic mail is sent by a Responsible Officer and each such Quarterly Transaction Manager Report or the Borrowing Base Certificate is accompanied by an electronic reproduction of the signature of a Responsible Officer of the Borrower. All such notices and communications shall be effective, upon receipt, provided, that notice by facsimile or email shall be effective when delivered upon electronic or received at telephonic confirmation of receipt from the appropriate address recipient. The Administrative Agent, the Collateral Agent, and the Lenders shall be entitled to rely and act upon any notices (including telephonic notices, Notices of Borrowing) purportedly given by or number to the attention on behalf of the appropriate individual Borrower even if (i) such notices were not made in a manner specified herein, were incomplete or departmentwere not preceded or followed by any other form of notice specified herein, except that or (ii) the terms thereof, as understood by the recipient, varied from any confirmation thereof. The Borrower shall indemnify the Administrative Agent, each Lender and the Related Parties of each of them from all losses, costs, expenses and liabilities resulting from the reliance by such Person on each notice purportedly given by or on behalf of the Borrower. All telephonic notices to and other telephonic communications to with the Administrative Agent pursuant to Article II, III or VII shall not may be effective until received recorded by the Administrative Agent, and each of the parties hereto hereby consents to such recording. Delivery [***] = Certain information contained in this document, marked by fax or electronic transmission of an executed counterpart of any amendment or waiver of any provision of this Agreement or of any Exhibit hereto to brackets, has been omitted because it is both not material and would be executed and delivered hereunder shall be effective as delivery of a manually executed counterpart thereofcompetitively harmful if publicly disclosed.

Appears in 1 contract

Samples: Credit Agreement (Sunrun Inc.)

Notices, Etc. (a) The Borrower hereby agrees that any notice that is required to be delivered to it hereunder shall be delivered to the Borrower as set forth in this Section 8.02. All notices and other communications provided for hereunder shall be in writing (including faxwhich shall include any electronic transmission by facsimile (except in the case of the Borrower) or in “.pdf,” “.tiff” or other customary format) and mailed, sent by electronic mail (to the extent agreed pursuant to clause (b) below) faxed (except in the case of the Borrower) or delivered, if to the Borrower Borrower, at its address at 0 0000 Xxxx Xxxxxxxxx Xxxx., Xxxx Xxxxx, Xxxxxxxx, Xxxx 00000Indiana 46804, Attention: Treasurer Xxxxxxx X. Xxxxxxxxx (fax: (000) 000260-0000; telephone: (000) 000969-0000; email: xxxxxxx@xxx.xxx), with a copy to the General Counsel (fax: (000) 000-0000; telephone: (000) 000-00003560); if to any Initial LenderLender Party, at its Domestic Lending Office specified in opposite its Administrative Questionnairename on Schedule I hereto; if to any other LenderLender Party, at its Domestic Lending Office specified in the Assignment and Assumption pursuant to which it became a LenderLender Party; if to the Administrative Collateral Agent, at its address at Xxxxx Fargo PNC Bank, National AssociationThree PNC Plaza, 0000 X XX Xxxxxx Blvd000 Xxxxx Xxxxxx, CharlotteXxxxxxxxxx, NC 28262, Mail Code: D1109-019Xxxxxxxxxxxx 00000, Attention: Syndication Agency Services Xxxxx X. Xxxxxx or Xxxxx X’Xxxxx (faxfacsimile 412-762-6484); and if to the Paying Agent, at its address at PNC Firstside Center, 000 Xxxxx Xxxxxx, X0-XXXX-00-X, Xxxxxxxxxx, Xxxxxxxxxxxx 00000, Attention: 000Xxxxxxxx Xxxxx (facsimile 412-000762-0000; telephone: 000-000-0000; email: xxxxxxxxxxxxxx.xxxxxxxx@xxxxxxxxxx.xxx)2905) and with respect to notices and/or deliveries pursuant to Section 5.03; or, as to the Borrower or the Administrative Paying Agent, at such other address as shall be designated by such party in a written notice to the other parties and, as to each other party, at such other address as shall be designated by such party in a written notice to the Borrower and the Administrative Paying Agent. All such notices and other communications shall, when mailed, sent by electronic mail or faxed (provided, however, that no notice or other communication shall be provided to the Borrower by facsimile), be effective when delivered deposited in the mails or received at the appropriate address transmitted in “.pdf,” “.tiff” or number to the attention of the appropriate individual other customary format or departmentby facsimile, respectively, except that notices and communications to the Administrative any Agent pursuant to Article II, III or VII shall not be effective until received by the Administrative such Agent. Delivery by fax facsimile or electronic transmission “.pdf” of an executed counterpart of any amendment or waiver of any provision of this Agreement or the Notes or of any Exhibit hereto to be executed and delivered hereunder shall be effective as delivery of a manually an original executed counterpart thereof; provided, however, that no such communication shall be delivered to the Borrower by facsimile.

Appears in 1 contract

Samples: Credit Agreement (Steel Dynamics Inc)

Notices, Etc. (a) The Borrower hereby agrees that any notice that is required to be delivered to it hereunder shall be delivered to the Borrower as set forth in this Section 8.02. All notices and other communications provided for hereunder shall be in writing (including faxtelegraphic or telecopy communication) and mailed, faxed telegraphed, telecopied or delivered, if to the Borrower Borrower, at its address at 0 5700 Wilshire Blvd., Suite 325, Los Angeles, California, 90000, Xxxxxxxxx: Xxxxx Xxxxxxx, xxxx x xxxx xx Xxx Xxxxxxxxx Xxxxxxx xxx xame address axx x xxxx xx Duncan McCurrach xx Xxxxxxxx & Cromwell, Xxxxxxxx125 Broad Street, Nex Xxxx, Xxx Xxxx 0000010004; xx xx anx Xxxxxxl Lxxxxx xx Xxxxxxx Xxxxxxx Xxxx, Attention: Treasurer (fax: (000) 000-0000; telephone: (000) 000-0000; email: xxxxxxx@xxx.xxx), with a copy to the General Counsel (fax: (000) 000-0000; telephone: (000) 000-0000); if to any Initial Lender, at its Domestic xx xxx Xxxxstic Lending Office specified in opposite its Administrative Questionnairename on Schedule I hereto; if to any other LenderLender Party, at its Domestic Lending Office specified in the Assignment and Assumption Acceptance pursuant to which it became a LenderLender Party; and if to the Administrative Agent, at its address at Xxxxx Fargo Bank1585 Broadway, National AssociationNew York, 0000 X XX Xxxxxx Blvd, Charlotte, NC 28262, Mail Code: D1109-019New York 10036, Attention: Syndication Agency Services (fax: 000-000-0000; telephone: 000-000-0000; email: xxxxxxxxxxxxxx.xxxxxxxx@xxxxxxxxxx.xxx); orJames Morgan xx, as to the Borrower or the Administrative xx xx xxx Xxxxxxxx xx xxx Xxxxxxxxxative Agent, at such other xx xxxx xxxer address as shall be designated by such party in a written notice to the other parties and, as to each other party, at such other address as shall be designated by such party in a written notice to the Borrower and the Administrative Agent. All such notices and other communications shall shall, when mailed, telegraphed or telecopied, be effective when deposited in the mails, delivered or received at the appropriate address or number to the attention of the appropriate individual telegraph company or departmenttransmitted by telecopier, respectively, except that notices and communications to the Administrative any Agent pursuant to Article II, III or VII shall not be effective until received by the Administrative such Agent. Delivery by fax or electronic transmission telecopier of an executed counterpart of any amendment or waiver of any provision of this Agreement or any Note or of any Exhibit hereto to be executed and delivered hereunder shall be effective as delivery of a manually an original executed counterpart thereof.

Appears in 1 contract

Samples: Credit Agreement (Key3media Group Inc)

Notices, Etc. (a) The Borrower hereby agrees that any notice that is required to be delivered to it hereunder shall be delivered to the Borrower Except as set forth in this Section 8.02. All otherwise provided herein, all notices and other communications provided for hereunder shall be either in writing (including faxfacsimile communication) and mailed, faxed telecopied or delivered, if to the Borrower Borrower, to it, at its address at 0 Xxxxxxxxx Xxxxx, 0000 Xxxxxx xx xxx Xxxxxxxx, Xxx Xxxx, Xxx Xxxx 00000, Attention: Treasurer (faxSenior Vice President and Treasurer, Facsimile No.: (000) 000-0000; telephone: (000) 000-00000000 (with a copy at the same address to the Senior Vice President and General Counsel); email: xxxxxxx@xxx.xxx)if to the Initial Lender or the L/C Issuer, to it at its Applicable Lending Office specified opposite its name on Schedule 1 hereto with a copy to the General Counsel (faxLaSalle Bank National Association, 000 Xxxx Xxxxxxx Xxxxxx, 00xx Xxxxx, Xxxxxxx, Xxxxxxxx 00000, Attn: (000) CDO Trust Services Group – ELF Special Financing Ltd., Facsimile No.: 000-0000; telephone: (000) 000-0000); if to any Initial Lender, at its Domestic Lending Office specified in its Administrative Questionnaire0000 and the Agent; if to any other Lender, at its Domestic Applicable Lending Office specified in the Assignment and Assumption Acceptance pursuant to which it became a Lender; and if to the Administrative AgentAgent or the L/C Administrator, at its address at Xxxxx Fargo Bank0000 Xxxxxxxx 0xx xxxxx, National Association, 0000 X Xxx Xxxx XX Xxxxxx Blvd, Charlotte, NC 28262, Mail Code: D1109-01900000, Attention: Syndication Agency Services Structured Credit Products, Xxxxx X. Xxxx, Facsimile No.: (fax: 000-) 000-0000; telephone: 000-000-0000; email: xxxxxxxxxxxxxx.xxxxxxxx@xxxxxxxxxx.xxx); or, as to the Borrower or the Administrative Agent, at such other address as shall be designated by such party in a written notice to the other parties and, as to each other party, at such other address as shall be designated by such party in a written notice to the Borrower and the Administrative Agent. All such notices and communications shall shall, when mailed, telecopied or emailed, be effective when delivered delivered, telecopied or received at the appropriate address or number to the attention of the appropriate individual or departmentconfirmed by email, respectively, except that notices and communications to the Administrative Agent pursuant to Article II, III 2 or VII 3 shall not be effective until received by the Administrative Agent. Delivery by fax or electronic transmission of an executed counterpart of any amendment or waiver of any provision of this Agreement or of any Exhibit hereto to be executed and delivered hereunder shall be effective as delivery of a manually executed counterpart thereof.

Appears in 1 contract

Samples: Credit Agreement (Interpublic Group of Companies, Inc.)

Notices, Etc. (a) The Borrower hereby agrees that any notice that is required to be delivered to it hereunder shall be delivered to the Borrower as set forth in this Section 8.02. All notices and other communications provided for hereunder shall be in writing (including faxtelecopy communication) and mailed, faxed telecopied or delivered, if to the Borrower Parent or the Borrower, at its address at 0 Xxxxxxxxx Xxxxx8045 Leesburg Pike, XxxxxxxxSuite 650, Xxxx 00000Vienna, Virginia 22182, Attention: Treasurer (fax: (000) 000-0000Mr. Xxxx Xxxxxx, Xxxxx Xxxxxxxxx Xxxxxxx; telephone: (000) 000-0000; email: xxxxxxx@xxx.xxx), with a copy to the General Counsel (fax: (000) 000-0000; telephone: (000) 000-0000); if to any Initial Lenderxx xx xxx Xxxxxal Lender or xxx Xxxxxxx Xxxuing Bank, at its Domestic Lending Office specified in opposite its Administrative Questionnairename on Schedule I hereto; if to any other LenderLender Party, at its Domestic Lending Office specified in the Assignment and Assumption Acceptance pursuant to which it became a LenderLender Party; if to the Collateral Agent, at its address at Bank of America Corporate Center, 100 N. Tryon Street, 17th Floor, Charlotte, NC 28255, Attention: Willixx X. Xxxx, Vice President; and if to the Administrative Agent, at its address at Xxxxx Fargo Bankax xxx xxxxxxx xt Bank of America Corporate Center, National Association100 N. Tryon Street, 0000 X XX Xxxxxx Blvd17th Floor, Charlotte, NC 28262, Mail Code: D1109-01928255, Attention: Syndication Agency Services (fax: 000-000-0000; telephone: 000-000-0000; email: xxxxxxxxxxxxxx.xxxxxxxx@xxxxxxxxxx.xxx)Willixx X. Xxxx, Vice President; or, as to the Parent, the Borrower or the Administrative xxx Xxxxxxxxxxtive Agent, at such other address as shall be designated by such party in a written notice to the other parties and, as to each other party, at such other address as shall be designated by such party in a written notice to the Borrower and the Administrative Agent. All such notices and communications shall shall, when mailed or telecopied, be effective when delivered deposited in the mails or received at the appropriate address or number to the attention of the appropriate individual or departmenttransmitted by telecopier, respectively, except that notices and communications to the Administrative any Agent pursuant to Article II, III or VII shall not be effective until received by the Administrative such Agent. Delivery Manual delivery by fax or electronic transmission telecopier of an executed counterpart of any amendment or waiver of any provision of this Agreement or the Notes or of any Exhibit hereto to be executed and delivered hereunder shall be effective as delivery of a manually an original executed counterpart thereof.

Appears in 1 contract

Samples: Credit Agreement (Americhoice Corp)

Notices, Etc. (a) The Borrower hereby agrees that any notice that is required to be delivered to it hereunder shall be delivered to the Borrower as set forth in this Section 8.02. All notices and other communications provided ------------ for hereunder shall be in writing (including faxtelecopier, telegraphic or telex communication) and mailed, faxed telecopied, telegraphed, telexed or delivered, if to the Borrower Borrower, at its address at 0 Xxxxxxxxx Xxxxx00 Xxxxxxxxxx Xxxxxx, XxxxxxxxXxxxxx XX0X 0XX, Xxxx 00000Xxxxxxx, Attention: Treasurer (fax: (000) 000-0000; telephone: (000) 000-0000; email: xxxxxxx@xxx.xxx)Xxxxxxx X. Xxxxxx, with a copy to the General Counsel (fax0000 Xxxxxxxxx Xxxxxx X.X., Xxxxx 000, Xxxxxxx, Xxxxxxx 00000, Attention: (000) 000-0000; telephone: (000) 000-0000)Xxxx Xxxx; if to any Initial Lender, at its Domestic Lending Office specified in opposite its Administrative Questionnairename on Schedule I hereto; if to any other Lender, at its Domestic Lending Office specified in the Assumption Agreement or the Assignment and Assumption Acceptance pursuant to which it became a Lender; and if to the Administrative AgentFunding Agent pursuant to Article II, at its address at 000 Xxxxx Fargo Bank, National Association, 0000 X XX Xxxxxx BlvdXxxxxx, Charlotte, NC 28262, Mail Code: D1109-019North Carolina 28255, Attention: Syndication Agency Services (faxXxxxxxxx Xxxxxx, and if the Funding Agent pursuant to any provision of this Agreement other than Article II, at its address at 000 Xxxxxxxxx Xxxxxx X.X., Xxxxxxx, Xxxxxxx 00000, Attention: 000-000-0000; telephone: 000-000-0000; email: xxxxxxxxxxxxxx.xxxxxxxx@xxxxxxxxxx.xxx)Xxxxx Xxxx; or, as to the Borrower or the Administrative Funding Agent, at such other address as shall be designated by such party in a written notice to the other parties and, as to each other party, at such other address as shall be designated by such party in a written notice to the Borrower and the Administrative Funding Agent. All such notices and communications shall shall, when mailed, telecopied, telegraphed or telexed, be effective when deposited in the mails, telecopied, delivered or received at the appropriate address or number to the attention of the appropriate individual telegraph company or departmentconfirmed by telex answerback, respectively, except that notices and communications to the Administrative Funding Agent pursuant to Article II, III or VII shall not be effective until received by the Administrative Funding Agent. Delivery by fax or electronic transmission telecopier of an executed counterpart of any amendment or waiver of any provision of this Agreement or the Notes or of any Exhibit hereto to be executed and delivered hereunder shall be effective as delivery of a manually executed counterpart thereof.

Appears in 1 contract

Samples: Day Credit Agreement (Amvescap PLC/London/)

Notices, Etc. (a) The Borrower hereby agrees that any notice that is required to be delivered to it hereunder shall be delivered to the Borrower as set forth in this Section 8.02. All notices and other communications provided for hereunder shall be in writing (including faxincluding, without limitation, telegraphic, telex, telecopy or cable communication) and mailed, faxed telegraphed, telexed, telecopied, cabled or delivereddelivered by hand, if to the Borrower Borrower, at its address at 0 545 Xxxx Xxxx Xxxxxxxxx XxxxxXxxxxxx, XxxxxxxxSuite 1300, Xxxx 00000Irving, AttentionTexas 75062 (telecopy number: Treasurer (fax: (000) 972-000-0000; telephone) (xelephone number: (000) 972-000-0000; email), Xttention: xxxxxxx@xxx.xxx)Chief Financial Officer, with a copy to the Attention: General Counsel (fax: (000) 000-0000; telephone: (000) 000-0000)Counsel; if to any Initial Lender, at its Domestic Lending Office specified in opposite its Administrative Questionnairename on Schedule II; if to any other Lender, at its Domestic Lending Office specified in the Assignment and Assumption pursuant to which it became a Lender; if to the Administrative Agent, at its address at Xxxxx Fargo Bank380 Xxxxxxx Xxxxxx, National Association00xx Xxxxx, 0000 X XX Xxxxxx BlvdXxx Xxxx, Charlotte, NC 28262, Mail CodeXxx Xxxx 00000 (xxlecopy number: D1109-019, Attention: Syndication Agency Services (fax: 000212-000-0000) (xelephone number: 212-622-3275), Attention Denixx Xxxxxx Xxxxxxxx; telephone: 000-000-0000; email: xxxxxxxxxxxxxx.xxxxxxxx@xxxxxxxxxx.xxx); orxx, as to the Borrower or the Administrative Agent, at such other address as shall be designated by such party in a written notice to the other parties and, as to each other party, at such other address as shall be designated by such party in a written notice to the Borrower and the Administrative Agent. All such notices and communications shall shall, when mailed, telegraphed, telexed, telecopied, cabled or delivered, be effective when deposited in the mails, delivered or received at the appropriate address or number to the attention telegraph company, confirmed by telex answerback, telecopied with confirmation of receipt, delivered to the appropriate individual cable company or departmentdelivered by hand to the addressee or its agent, respectively, except that notices and communications to the Administrative Agent pursuant to Article II, III II or VII IX shall not be effective until received by the Administrative Agent. Delivery by fax or electronic transmission of an executed counterpart of any amendment or waiver of any provision of this Agreement or of any Exhibit hereto to be executed and delivered hereunder shall be effective as delivery of a manually executed counterpart thereof.

Appears in 1 contract

Samples: Revolving Credit Agreement (Felcor Suite Hotels Inc)

Notices, Etc. (a) The Borrower hereby agrees that any notice that is required to be delivered to it hereunder shall be delivered to the Borrower as set forth in this Section 8.02. All notices and other communications provided for hereunder shall be in writing (including faxtelecopier, telegraphic or telex communication) and mailedmailed (return receipt requested), faxed telecopied, telegraphed, telexed or delivered, if to the Borrower Company or to any Designated Subsidiary, at its the Company's address at 0 Xxxxxxxxx Xxxxx000 Xxxxxxxx Xxxx, XxxxxxxxXxxxxxxxxx, Xxxx Xxx Xxxxxx 00000-0000, Attention: Treasurer (fax: (000) 000-0000; telephone: (000) 000-0000; email: xxxxxxx@xxx.xxx), with a copy to the General Counsel (fax: (000) 000-0000; telephone: (000) 000-0000)Assistant Treasurer; if to any Initial Lender, at its Domestic Lending Office specified in opposite its Administrative Questionnairename on Schedule I hereto; if to any other Lender, at its Domestic Lending Office specified in the Assumption Agreement or the Assignment and Assumption Acceptance pursuant to which it became a Lender; if to the Administrative Agent, at its address at Xxx Xxxxx Fargo BankXxx, National AssociationXxx Xxxxxx, 0000 X XX Xxxxxx Blvd, Charlotte, NC 28262, Mail Code: D1109-019Xxxxxxxx 00000, Attention: Syndication Agency Services (faxBank Loan Syndications Department, with a copy to 000 Xxxxxxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000, Attention: 000-000-0000Xxxxx Xxxxxx; telephoneand if to the Swing Line Agent, at its address at 0 Xxxxxxx Xxxxxxxx Xxxxxx, 0xx Xxxxx, Xxxxxx X00 0XX, Xxxxxxx, Attention: 000-000-0000; email: xxxxxxxxxxxxxx.xxxxxxxx@xxxxxxxxxx.xxx)Xxx Xxxxxx/Xxxxx Xxxxxxxxx; or, as to the any Borrower or the Administrative Agent, at such other address as shall be designated by such party in a written notice to the other parties and, as to each other party, at such other address as shall be designated by such party in a written notice to the Borrower Company and the Administrative Agent; provided that materials as may be agreed between the Borrowers and the Agent may be delivered to the Agent in accordance with clause (b) below. All such notices and communications shall shall, when mailed, telecopied, telegraphed or telexed, be effective when deposited in the mails, telecopied, delivered or received at the appropriate address or number to the attention of the appropriate individual telegraph company or departmentconfirmed by telex answerback, respectively, except that notices and communications to the Administrative Agent pursuant to Article II, III or VII VIII shall not be effective until received by the Administrative Agent. Delivery by fax or electronic transmission telecopier of an executed counterpart of any amendment or waiver of any provision of this Agreement or the Notes or of any Exhibit hereto to be executed and delivered hereunder shall be effective as delivery of a manually executed counterpart thereof.

Appears in 1 contract

Samples: Five Year Credit Agreement (Honeywell International Inc)

Notices, Etc. (a) The Borrower hereby agrees that any notice that is required to be delivered to it hereunder shall be delivered to the Borrower as set forth in this Section 8.02. All notices and other communications provided for hereunder shall be in writing (including faxtelegraphic, telecopy or telex communication) and mailed, faxed telegraphed, telecopied, telexed or delivereddelivered by an overnight courier of nationally recognized standing, if to the Borrower Borrower, at its address at 0 Xxxxxxxxx Xxx XXXXX Xxxxx, XxxxxxxxXxxxxxxxxx, Xxxx Xxx Xxxxxx 00000, Attention: Treasurer (fax: Chief Financial Officer and General Counsel, telecopier number (000) 000-0000; telephone: (000) 000-0000; email: xxxxxxx@xxx.xxx), with a copy to the General Counsel (fax: (000) 000-0000; telephone: (000) 000-0000); if to any Initial LenderLender or any Initial Issuing Bank, at its Domestic Lending Office specified in opposite its Administrative Questionnairename on Schedule I hereto; if to any other LenderLender Party, at its Domestic Lending Office specified in the Assignment and Assumption Acceptance pursuant to which it became a LenderLender Party; if to the Administrative AgentBNP, at its address at Xxxxx Fargo Bank000 Xxxx Xxxxxx, National AssociationXxx Xxxx, 0000 X XX Xxxxxx Blvd, Charlotte, NC 28262, Mail Code: D1109-019Xxx Xxxx 00000, Attention: Syndication Agency Services Structured Finance Group, telecopier number (fax: 000-) 000-0000; telephoneand if to NationsBank, at its address at 0 XxxxxxxXxxx Xxxxx, 0xx Xxxxx, Xxxxxxxxx, XX 00000-0000, Attention: Health Care Finance Group, telecopier number (000) 000-0000 with a copy to NationsBank, N.A., 000 Xxxxx Xxxxx Xxxxxx, NationsBank Corporate Center, Xxxxxxxxx, XX 00000, Attention: Health Care Finance Group, telecopier number (000) 000-0000; email: xxxxxxxxxxxxxx.xxxxxxxx@xxxxxxxxxx.xxx); or, as to the Borrower or the Administrative Agenteach party, at such other address as shall be designated by such party in a written notice to the other parties and, as to each other party, at such other address as shall be designated by such party in a written notice to the Borrower and the Administrative Agentparties. All such notices and communications shall shall, when mailed, telegraphed, telecopied, telexed or sent by courier, be effective when deposited in the mails, delivered or received at the appropriate address or number to the attention of telegraph company, transmitted by telecopier, confirmed by telex answerback or delivered to the appropriate individual or departmentovernight courier, respectively, except that notices and communications to the Administrative Agent pursuant to Article II, III or VII VIII shall not be effective until received by the Administrative Agent. Delivery by fax or electronic transmission telecopier of an executed counterpart of any amendment or waiver of any provision of this Agreement or the Notes or of any Exhibit hereto to be executed and delivered hereunder shall be effective as delivery of a manually executed counterpart thereof.

Appears in 1 contract

Samples: Credit Agreement (Mediq Inc)

Notices, Etc. (a) The Borrower hereby agrees that any notice that is required to be delivered to it hereunder shall be delivered to the Borrower as set forth in this Section 8.02. All notices and other communications provided for hereunder shall be in writing (including fax) and mailedmay be personally served, faxed or deliveredsent by telefacsimile or United States mail or courier service. For the purposes hereof, the address of each party hereto shall be as follows: if to the Borrower Borrower, at its address at 0 Xxxxxxxxx Xxxx Xxxxx, XxxxxxxxXxx. 0000, Xxxx Xxxxxxxxx Treasurer, 0000 X. Xxxxxxx Xxx., Xxxxxxx, Xxxxxxx 00000, Attention: Treasurer (fax: (000) 000-0000; telephone: (000) 000-0000; email: xxxxxxx@xxx.xxx), with a copy to the General Counsel (fax: (000) 000-0000; telephone: (000) 000-0000); if to any Initial LenderBank, at its Domestic Lending Office specified in opposite its Administrative Questionnairename on Schedule I hereto; if to any other Lender, at its Domestic Lending Office specified in the Assignment and Assumption Acceptance pursuant to which it became a Lender; if to the Administrative Agent, Agent at its address at Citibank, N.A., Global Loans Operations, 0 Xxxxx Fargo BankXxx, National AssociationXxxxx 000, 0000 X XX Xxxxxx BlvdXxx Xxxxxx, CharlotteXxxxxxxx, NC 2826200000, Mail CodeAttn: D1109-019Xxxxx Xxxxxxx (with a copy of notices, Attentionother than those given pursuant to Sections 2.01 through 2.14 hereof, to Citicorp North America, Inc., Global Corporate Banking, 000 X. 0xx Xxxxxx, 00xx Xxxxx, Xxx Xxxxxxx, Xxxxxxxxxx 00000, Attn: Syndication Agency Services (fax: 000-000-0000; telephone: 000-000-0000; email: xxxxxxxxxxxxxx.xxxxxxxx@xxxxxxxxxx.xxxXxxxxxx Xxxxxxx); or, as to the Borrower or to the Administrative Agent, at such other address as shall be designated by such party in a written notice to the other parties and, as to each other party, at such other address as shall be designated by such party in a written notice to the Borrower and the Administrative Agent. All such notices and communications shall be effective deemed to have been given when delivered in person or received at by courier service, upon receipt of telefacsimile in complete and legible form, or five (5) days after being deposited in the appropriate address or number to the attention of the appropriate individual or departmentUnited States mail with postage prepaid and properly addressed, except that notices and communications to the Administrative Agent pursuant to Article II, III II or VII shall not be effective until received by the Administrative Agent. Delivery Electronic mail may be used to distribute routine communications, such as financial statements and other information; provided, however, that no signature with respect to any notice, request, agreement, waiver, amendment or other document or any notice that is intended to have binding effect may be sent by fax or electronic transmission of an executed counterpart mail. Loan Documents and notices under the Loan Documents may be transmitted and/or signed by telefacsimile. The effectiveness of any amendment such documents and signatures shall, subject to applicable law, have the same force and effect as an original copy with manual signatures and shall be binding on the Borrower, the Administrative Agent and the Lenders. The Administrative Agent may also require that any such documents and signature be confirmed by a manually-signed copy thereof; provided, however, that the failure to request or waiver deliver any such manually-signed copy shall not affect the effectiveness of any provision of this Agreement facsimile document or of any Exhibit hereto to be executed and delivered hereunder shall be effective as delivery of a manually executed counterpart thereofsignature.

Appears in 1 contract

Samples: Credit Agreement (Viad Corp)

Notices, Etc. (a) The Borrower hereby agrees that any notice that is required to be delivered to it hereunder shall be delivered to the Borrower as set forth in this Section 8.02. All notices and other communications provided for hereunder shall be in writing (including faxincluding, without limitation, telegraphic, telex, telecopy or cable communication) and mailed, faxed telegraphed, telexed, telecopied, cabled or delivereddelivered by hand, if to the Borrower Borrower, at its address at 0 Xxxxxxxxx Xxxxx1134 Market Street, XxxxxxxxWheeling, Xxxx 00000West Virginia 26003, Attention: Treasurer (faxChixx Xxxxxxxxx Xxxxxxx xxxx xxxx xx XXX xx XXX Xxxx. at 110 East 59th Street, New York, New York 10022, Attention: (000) 000-0000Mr. Xxxxxxx Xxxxx; telephone: (000) 000-0000xx xx xxx Xxxxxx, xx xxx Xxxxxxic Lending Offixx xxxxxxxxd xxxosite its name on Schedule III hereto; email: xxxxxxx@xxx.xxx), with a copy to the General Counsel (fax: (000) 000-0000; telephone: (000) 000-0000); if to any Initial Lender, at its Domestic Lending Office specified in its Administrative Questionnaire; if to any other Lender, at its Domestic Lending Office specified in the Assignment and Assumption pursuant to which it became a Lender; if to the Administrative Agent, at its address at 399 Park Avenue, 6th Floor, Zone 4, New York, New York 10043, Attenxxxx: Xxxxx Fargo BankX. Xxxxxx; xx, National Association, 0000 X XX Xxxxxx Blvd, Charlotte, NC 28262, Mail Code: D1109-019, Attention: Syndication Agency Services (fax: 000-000-0000; telephone: 000-000-0000; email: xxxxxxxxxxxxxx.xxxxxxxx@xxxxxxxxxx.xxx); or, as to xx xx the Borrower or the Administrative Agent, at such other address as shall xxxxxxx xx xxxll be designated by such party in a written notice to the other parties and, as to each other party, at such other address as shall be designated by such party in a written notice to the Borrower and the Administrative Agent. All such notices and communications shall shall, when mailed, telegraphed, telexed, telecopied, cabled or delivered, be effective when deposited in the mails, delivered or received at the appropriate address or number to the attention telegraph company, confirmed by telex answerback, telecopied with confirmation of receipt, delivered to the appropriate individual cable company or departmentdelivered by hand to the addressee or its agent, respectively, except that notices and communications to the Administrative Agent pursuant to Article II, III II or VII IX shall not be effective until received by the Administrative Agent. Delivery by fax or electronic transmission telecopier of an executed counterpart of any amendment or waiver of any provision of this Agreement or the Revolving Credit Notes or of any Exhibit hereto to be executed and delivered hereunder shall be effective as delivery of a manually executed counterpart thereof.

Appears in 1 contract

Samples: Credit Agreement (Wheeling Pittsburgh Corp /De/)

Notices, Etc. (a) The Borrower hereby agrees that any notice that is required to be delivered to it hereunder shall be delivered to the Borrower as set forth Unless specifically provided otherwise in this Section 8.02. All Agreement, all notices and other communications provided for hereunder shall be in writing (including faxfacsimile) and maileddelivered by hand or overnight courier service, faxed mailed or deliveredsent by facsimile, if to the Borrower any Borrower, to it in care of FE at its address at 0 Xxxxxxxxx 00 Xxxxx Xxxx Xxxxxx, Xxxxx, Xxxxxxxx, Xxxx 00000, Attention: Treasurer (faxTreasurer, Facsimile: (000) 000-0000; telephone: (000) 000-0000; email: xxxxxxx@xxx.xxx), with a copy to the General Counsel (fax: (000) 000-0000; telephone: (000) 000-0000); if to any Initial LenderBank, at its Domestic DomesticApplicable Lending Office specified in opposite its Administrative Questionnairename on Schedule I hereto; if to any other Lender, at its Domestic DomesticApplicable Lending Office specified in the Assignment and Assumption pursuant to which it became a Lender; if to the Administrative Agent, at its address at Xxxxx Fargo at, JPMorgan Chase Bank, National AssociationN.A., 0000 X XX Xxxxxx Blvd000 Xxxxxxx Xxxxxxxxxx Xxxx, CharlotteNCC5, NC 28262Floor 1, Mail Code: D1109Newark, DE 19713-019210719713-2105, Attention: Syndication Agency Services (faxXxxxx XxxxxxxxxXxxxxx Young, Phone: 000-000-0000, Facsimile: , Email: and ; telephone: 000-000-0000if to any Fronting Bank identified on Schedule II hereto, at the address specified opposite its name on Schedule II hereto; email: xxxxxxxxxxxxxx.xxxxxxxx@xxxxxxxxxx.xxx)if to any other Fronting Bank, at such address as shall be designated by such Fronting Bank in a written notice to the other parties; or, as to the Borrower or the Administrative Agenteach party, at such other address as shall be designated by such party in a written notice to the other parties andparties. Subject to the other notice requirements of this Agreement, as all notices and communications given to each other party, at such other address as any party hereto in accordance with the provisions of this Agreement shall be designated deemed to have been given on the date of receipt if delivered by hand or overnight courier service, mailed or sent by facsimile to such party and received during the normal business hours of such party as provided in a written notice to this Section 8.02 or in accordance with the Borrower and the Administrative Agentlatest unrevoked direction from such party given in accordance with this Section 8.02. All If such notices and communications are received after the normal business hours of such party, receipt shall be effective when delivered or received at deemed to have been given upon the appropriate address or number to the attention opening of the appropriate individual or department, except that notices and communications to the Administrative Agent pursuant to Article II, III or VII shall not be effective until received by the Administrative Agent. Delivery by fax or electronic transmission of an executed counterpart of any amendment or waiver of any provision of this Agreement or of any Exhibit hereto to be executed and delivered hereunder shall be effective as delivery of a manually executed counterpart thereofrecipient’s next Business Day.

Appears in 1 contract

Samples: Credit Agreement (Firstenergy Corp)

Notices, Etc. (a) The Borrower hereby agrees that any notice that is required to be delivered to it hereunder shall be delivered to the Borrower as set forth in this Section 8.02. All notices and other communications provided for hereunder shall be in writing (including faxtelecopier or telegraphic communication) and mailed, faxed telecopied, telegraphed or delivered, (i) if to any Borrower, at the Borrower address of PPG at its address at 0 Xxxxxxxxx Xxx XXX Xxxxx, XxxxxxxxXxxxxxxxxx, Xxxx Xxxxxxxxxxxx 00000, telecopy number 000-000-0000, Attention: Treasurer (fax: (000) 000-0000; telephone: (000) 000-0000; email: xxxxxxx@xxx.xxx)Treasurer, with a copy to the General Counsel (fax: (PPG at Xxx XXX Xxxxx, Xxxxxxxxxx, Xxxxxxxxxxxx 00000, telecopy number 000) -000-0000, Attention: Senior Vice President and General Counsel; telephone: (000ii) 000-0000); if to any Initial Lender, at its Domestic Lending Office specified at its address (or telecopy number) set forth in its Administrative Questionnaire; if to any other Lender, at its Domestic Lending Office specified in the Assignment and Assumption pursuant to which it became a Lender; (iii) if to the Administrative Agent, at its address at to the attention of Xxxxx Fargo BankXxxxxx, National Association, 0000 X XX Xxxxxx Blvd, Charlotte, NC 28262, Mail Code: D1109-019, Attention: Syndication Agency Services (faxfacsimile: 000-000-0000; , telephone: 000-000-0000 x 0000, email: XXX_XX_XXXX_XXXX@xx.xxxxxxxxxx.xxx, with a copy to Xxxxxxx Xxxxxxxxx, telephone: 000-000-0000; , email: xxxxxxxxxxxxxx.xxxxxxxx@xxxxxxxxxx.xxx)xxxxxxx.xxxxxxxxx@xx.xxxxxxxxxx.xxx, and xx.xxx_xxx.xxxxxx.xxxxxx@xxxxxxxx.xxxxxxxxxx.xxx; or, as to the Borrower Borrowers or the Administrative Agent, at such other address as shall be designated by such party in a written notice to the other parties and, as to each other party, at such other address as shall be designated by such party in a written notice to the Borrower Borrowers and the Administrative Agent. All such notices and communications shall shall, when mailed, telecopied or telegraphed, be effective when deposited in the mails, telecopied, or delivered or received at the appropriate address or number to the attention of the appropriate individual or departmenttelegraph company, respectively, except that notices and communications to the Administrative Agent pursuant to Article II, III or VII VIII shall not be effective until received by the Administrative Agent. Delivery by fax or electronic transmission telecopier of an executed counterpart of any amendment or waiver of any provision of this Agreement or the Notes or of any Exhibit hereto to be executed and delivered hereunder shall be effective as delivery of a manually executed counterpart thereof.

Appears in 1 contract

Samples: Term Loan Agreement (PPG Industries Inc)

Notices, Etc. (a) The Borrower hereby agrees that any notice that is required to be delivered to it hereunder shall be delivered to the Borrower as set forth in this Section 8.02. All notices and other communications provided for hereunder shall be in writing (including faxtelecopier, telegraphic or telex communication) and mailed, faxed telecopied, telegraphed, telexed or delivered, if to the Borrower Company or to any Designated Subsidiary, at its the Company's address at 0 Xxxxxxxxx XxxxxCorporate Headquarters, Xxxxxxxx100 Crystal A Drive, Xxxx 00000Hershey, Pennsylvania 17033-0810, Attention: Treasurer (fax: Xxxxxxxx Xxxxxxxxxx, Xxx Xx. (000) 000-0000; telephone: (000) 000-0000; email: xxxxxxx@xxx.xxx), with a copy to the General Counsel (fax: (000) 000-0000; telephone: (000) 000-0000); if to any xx xx xxx Initial Lender, at its Domestic Lending Office specified in Ofxxxx xxxxxxxxx opposite its Administrative Questionnairename on Schedule I hereto; if to any other Lender, at its Domestic Lending Office specified in the Assumption Agreement or the Assignment and Assumption Acceptance, as the case may be, pursuant to which it became a Lender; and if to the Administrative Agent, at its address at Xxxxx Fargo BankTwo Penn's Way, National AssociationNew Castle, 0000 X XX Xxxxxx Blvd, Charlotte, NC 28262, Mail Code: D1109-019Delaware 19720, Attention: Syndication Agency Services Bank Loan Xxxxxxxxxxxx, Xxx Xx. (fax: 000-) 000-0000; telephone: 000-000-0000; email: xxxxxxxxxxxxxx.xxxxxxxx@xxxxxxxxxx.xxx); orxx, as to the any Borrower or the Administrative Agent, at such other address as shall be designated by such party in a written notice to the other parties and, as to each other party, at such other address as shall be designated by such party in a written notice to the Borrower Company and the Administrative Agent. All such notices and communications shall shall, when mailed, telecopied, telegraphed or telexed, be effective when deposited in the mails, telecopied, delivered or received at the appropriate address or number to the attention of the appropriate individual telegraph company or departmentconfirmed by telex answerback, respectively, except that notices and communications to the Administrative Agent pursuant to Article II, III or VII VIII shall not be effective until received by the Administrative Agent. Delivery by fax or electronic transmission telecopier of an executed counterpart of any amendment or waiver of any provision of this Agreement or the Notes or of any Exhibit hereto to be executed and delivered hereunder shall be effective as delivery of a manually executed counterpart thereof.

Appears in 1 contract

Samples: Day Credit Agreement (Hershey Foods Corp)

Notices, Etc. (a) The Borrower hereby agrees that any notice that is required to be delivered to it hereunder shall be delivered to the Borrower as set forth in this Section 8.02. All notices and other communications provided for hereunder shall be in writing (including faxtelecopier, telegraphic, telex or cable communication) and mailed, faxed telecopied, telegraphed, telexed, cabled or delivered, if to the Borrower Borrower, at its address at 0 Xxxxxxxxx Xxxxx639 Loyola Avenue, XxxxxxxxNew Orleans, Xxxx 00000LA 70113, AttentionExxxx: Treasurer (faxxxxxxxx@xxxxxxx.xxx, Xxxxxxxxx: (000) 000-0000Xxxxxxxxx; telephone: (000) 000-0000; email: xxxxxxx@xxx.xxx), with a copy to the General Counsel (fax: (000) 000-0000; telephone: (000) 000-0000); if xf to any Initial LenderBaxx xx XX Xxxxxxx Bank, at its Domestic Lending Office specified in opposite its Administrative Questionnairename on Schedule I hereto; if to any other Lender, at its Domestic Lending Office specified in the Assignment and Assumption Acceptance pursuant to which it became a Lender; Lender and if to the Administrative Agent, at its address at Xxxxx Fargo BankTwo Penns Way, National AssociationSuite 200, 0000 X XX Xxxxxx BlvdNew Castle, CharlotteDelaware 19720, NC 28262Xxxxxxxxx: Xxxx Xxxx Xxxxxxxxxxxx, Mail CodeXxxxxxxxx Xxxx (Telephone: D1109302-019894-6025, Attention: Syndication Agency Services (faxTelecopier: 000-000-000- 0000; telephone, Email: 000-000-0000; email: xxxxxxxxxxxxxx.xxxxxxxx@xxxxxxxxxx.xxx)elixxxxxx.x.xxxr @citigroup.com; or, as to the Borrower or the Administrative Agenteach partx, at such other address as shall xx xxxx xxxxx axxxxxx xx xxxll be designated by such party in a written notice to the other parties and, as to each other party, at such other address as shall be designated by such party in a written notice to the Borrower and the Administrative Agentparties. All such notices and communications shall shall, when mailed, telecopied, telegraphed, telexed or cabled, be effective when deposited in the mails, telecopied, delivered or received at the appropriate address or number to the attention of telegraph company, confirmed by telex answerback or delivered to the appropriate individual or departmentcable company, respectively, except that notices and communications to the Administrative Agent pursuant to Article II, III II or VII shall not be effective until received by the Administrative Agent. Delivery Except as otherwise provided in Section 5.01(c), notices and other communications given by fax or electronic transmission of an executed counterpart of any amendment or waiver of any provision of this Agreement or of any Exhibit hereto the Borrower to be executed and delivered hereunder the Administrative Agent shall be effective as delivery of a manually executed counterpart thereofdeemed given to the Lenders.

Appears in 1 contract

Samples: Credit Agreement (Entergy Corp /De/)

Notices, Etc. (a) The Borrower hereby agrees that any notice that is required to be delivered to it hereunder shall be delivered to the Borrower as set forth in this Section 8.02. All notices and other communications provided for hereunder shall be in writing (including faxtelecopier communication) and mailed, faxed telecopied or delivered, (i) if to the Borrower or any Subsidiary Guarantor, at its address at 0 Xxxxxxxxx Xxxxx000 Xxxxx Xx., XxxxxxxxXxxxx 000, Xxxxxxx, Xxxxxxx, X0X 0X0, Attention: General Counsel, with a copy to Wachtell, Lipton, Xxxxx & Xxxx, 00 Xxxx 00xx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000, Attention: Treasurer Xxxxxx X. Xxxxxxx; (faxii) if to any Lender, at its address set forth in its completed administrative questionnaire delivered to the Agent; (iii) if to WFCFC, in its capacity as Agent, the Swingline Lender or L/C Issuing Bank, at its address at Xxx Xxxxxx Xxxxx, 00xx Xxxxx, Xxxxxx, Xxxxxxxxxxxxx 00000, Attention: (000) 000-0000; telephone: (000) 000-0000; email: xxxxxxx@xxx.xxx)Xxxxxxx Xxxx, with a copy to the General Counsel (fax: (000) 000-0000; telephone: (000) 000-0000); if to any Initial LenderXxxxxx & Xxxxxxxxxx LLP, at its Domestic Lending Office specified in its Administrative Questionnaire; if to any other LenderXxxxx Xxxxxx Xxxxx, at its Domestic Lending Office specified in the Assignment and Assumption pursuant to which it became a Lender; if to the Administrative AgentXxxxxx, at its address at Xxxxx Fargo Bank, National Association, 0000 X XX Xxxxxx Blvd, Charlotte, NC 28262, Mail Code: D1109-019Xxxxxxxxxxxxx 00000, Attention: Syndication Agency Services (fax: 000-000-0000Xxxxx X. Xxxxxx, Esq.; telephone: 000-000-0000; email: xxxxxxxxxxxxxx.xxxxxxxx@xxxxxxxxxx.xxx); or, as to the Borrower or the Administrative Agent, at such other address as shall be designated by such party in a written notice to the other parties and, as to each other party, at such other address as shall be designated by such party in a written notice to the Borrower and the Administrative Agent; provided that notices required to be delivered pursuant to Section 6.01(j)(i), (ii), (iii), and (v) shall be delivered to the Agent and the Lenders as specified in Section 9.02(b). All such notices and communications shall shall, when mailed, telecopied, telegraphed or emailed, be effective when deposited in the mails, telecopied, delivered or received at the appropriate address or number to the attention of the appropriate individual telegraph company or departmentconfirmed by email, respectively, except that notices and communications to the Administrative Agent pursuant to Article II, III or VII VIII shall not be effective until received by the Administrative Agent. Delivery by fax telecopier or by electronic transmission of a pdf formatted copy of an executed counterpart of any amendment or waiver of any provision of this Agreement or any Loan Document or of any Exhibit exhibit hereto or thereto to be executed and delivered hereunder shall be effective as delivery of a manually executed counterpart thereof.

Appears in 1 contract

Samples: Credit Agreement (Sears Canada Inc.)

Notices, Etc. (a) The Borrower hereby agrees that any notice that is required to be delivered to it hereunder shall be delivered to the Borrower as set forth in this Section 8.02. All notices and other communications provided for hereunder shall be in writing (including faxincluding, without limitation, telegraphic, telex, telecopy or cable communication) and mailed, faxed telegraphed, telexed, telecopied, cabled or delivereddelivered by hand, if to the Borrower Borrower, at its address at 0 545 Xxxx Xxxx Xxxxxxxxx XxxxxXxxxxxx, XxxxxxxxSuite 1300, Xxxx 00000Irving, AttentionTexas 75062 (telecopy number: Treasurer (fax: (000) 972-000-0000; telephone) (xelephone number: (000) 972-000-0000; email), Xttention: xxxxxxx@xxx.xxx)Chief Financial Officer, with a copy to the Attention: General Counsel (fax: (000) 000-0000; telephone: (000) 000-0000)Counsel; if to any Initial Lender, at its Domestic Lending Office specified in opposite its Administrative Questionnairename on Schedule II; if to any other Lender, at its Domestic Lending Office specified in the Assignment and Assumption pursuant to which it became a Lender; if to the Administrative Agent, at its address at Xxxxx Fargo Bank380 Xxxxxxx Xxxxxx, National Association00xx Xxxxx, 0000 X XX Xxxxxx BlvdXxx Xxxx, Charlotte, NC 28262, Mail CodeXxx Xxxx 00000 (xxlecopy number: D1109-019, Attention: Syndication Agency Services (fax: 000212-000-0000; telephone) (xelephone number: 000212-000-0000), Xttention Denixx Xxxxxx Xxxxxxxx; email: xxxxxxxxxxxxxx.xxxxxxxx@xxxxxxxxxx.xxx); orxx, as to the Borrower or the Administrative Agent, at such other address as shall be designated by such party in a written notice to the other parties and, as to each other party, at such other address as shall be designated by such party in a written notice to the Borrower and the Administrative Agent. All such notices and communications shall shall, when mailed, telegraphed, telexed, telecopied, cabled or delivered, be effective when deposited 116 in the mails, delivered or received at the appropriate address or number to the attention telegraph company, confirmed by telex answerback, telecopied with confirmation of receipt, delivered to the appropriate individual cable company or departmentdelivered by hand to the addressee or its agent, respectively, except that notices and communications to the Administrative Agent pursuant to Article II, III II or VII IX shall not be effective until received by the Administrative Agent. Delivery by fax or electronic transmission of an executed counterpart of any amendment or waiver of any provision of this Agreement or of any Exhibit hereto to be executed and delivered hereunder shall be effective as delivery of a manually executed counterpart thereof.

Appears in 1 contract

Samples: Revolving Credit Agreement (Felcor/Lax Holdings Lp)

Notices, Etc. (a) The Borrower hereby agrees that any notice that is required to be delivered to it hereunder shall be delivered to the Borrower as set forth in this Section 8.02. All notices and other communications provided for hereunder shall be in writing (including faxtelecopier, telegraphic or telex communication) and mailed, faxed telecopied, telegraphed, telexed or delivered, if to the Borrower Company, at its address at 0 2330 Shawnee Mission Parkway, Westwood, Kansas 66205, Axxxxxxxx: Xxxxxxxxx Xxxxx, Xxxxxxxx, Xxxx 00000, Attention: Treasurer (faxXxxxxxxxxx Xx.: (000) 000-0000); telephoneif to Sprint Capital, at its address at 2330 Shawnee Mission Parkway, Westwood, Kansas 66205, Axxxxxxxx: Xxxxxxxxx (000) 000-0000; email: xxxxxxx@xxx.xxx), with a copy to the General Counsel (fax: (000) 000-0000; telephoneXxxxxxxxxx Xx.: (000) 000-0000); if to any Initial Lender, at its Domestic Lending Office Domesxxx Xxxxxxx Xxfice specified in opposite its Administrative Questionnairename on Schedule I hereto; if to any other Lender, at its Domestic Lending Office specified in the Assignment and Acceptance or the Assumption Agreement pursuant to which it became a Lender; and if to the Administrative Agent, at its address at Xxxxx Fargo Bank388 Greenwich Street, National AssociationNew York, 0000 X XX New York 10013, Attentixx: Xxxxxx Blvd, Charlotte, NC 28262, Mail CodeXxxx (Xxxxxxxxxx Xx.: D1109-019, Attention: Syndication Agency Services (fax: 000) 000-000-0000; telephone: 000-000-0000; email: xxxxxxxxxxxxxx.xxxxxxxx@xxxxxxxxxx.xxx0009); or, as to the Borrower xxx Xxxxxxer or the Administrative AgentAdministxxxxxx Xxxxx, at such other address as shall be designated by such party in a written notice to the other parties and, as to each other party, at such other address as shall be designated by such party in a written notice to the Borrower Borrowers and the Administrative Agent. All such notices and communications shall shall, when mailed, telecopied, telegraphed or telexed, be effective when deposited in the mails, telecopied, delivered or received at the appropriate address or number to the attention of the appropriate individual telegraph company or departmentconfirmed by telex answerback, respectively, except that notices and communications to the Administrative Agent pursuant to Article II, III or VII shall not be effective until received by the Administrative Agent. Delivery by fax or electronic transmission telecopier of an executed counterpart of any amendment or waiver of any provision of this Agreement or the Notes or of any Exhibit (other than the Notes) hereto to be executed and delivered hereunder shall be effective as delivery of a manually executed counterpart thereof.

Appears in 1 contract

Samples: Day Credit Agreement (Sprint Corp)

Notices, Etc. (a) The Borrower hereby agrees that any notice that is required to be delivered to it hereunder shall be delivered to the Borrower as set forth in this Section 8.02. All notices and other communications provided for hereunder shall be in writing (including faxtelegraphic, telecopy or telex communication) and mailed, faxed telegraphed, telecopied, telexed or delivered, if to the Borrower Domestic Borrower, at its address at 0 Xxxxxxxxx Xxxxx225 Xxxx Xxxxxxxxxx Xxxxxx, XxxxxxxxXxxxx 0000, Xxxx Xxxxxxx, XX 00000, Attention: Treasurer (faxXxlecopy Number: (000312) 000-0000, Xxtention: John X. Xxxxxx; telephone: (000) 000-0000; email: xxxxxxx@xxx.xxx)xx to an Offshore Borrower or any other Loan Party, to it c/o the Domestic Borrower with a copy to the General Counsel (fax: (000) 000-0000; telephone: (000) 000-0000)address provided on Schedule I to the Credit Agreement Supplement executed and delivered by such Offshore Borrower; if to any Initial LenderLender Party, at its Domestic Lending Office specified in opposite its Administrative Questionnairename on Schedule I hereto; if to any other Lender Party (other than any Offshore Swing Line Lender), at its Domestic Lending Office specified in the Assignment and Assumption Acceptance pursuant to which it became a Lender Party; if to any Offshore Swing Line Lender, to the Offshore Currency Agent, with a copy to the notice address specified in the Joinder Agreement pursuant to which it became an Offshore Swing Line Lender; if to Chase, in its capacity as the Administrative Agent or Offshore Currency Agent, at its address at Xxxxx Fargo Bank, National Association, 0000 X XX Xxxxxx Blvd, Charlotte, NC 28262, Mail Code: D1109-019, Attention: Syndication The Loan and Agency Services Group, One Chase Manhxxxxx Xxxxx, 0xx Xxxxx, Xxx Xxxx, Xxx Xxxx 00000, Xxlecopy Number: (fax: 000-212) 000-0000; telephone, Xxtention: 000-Michxxx Xxxxxxxxx, xxth a copy, in the case of all notices other than Notices of Borrowing, Notices of Issuance, Notices of Renewal and Notices of Swing Line Borrowings, to The Chase Manhattan Bank, 270 Xxxx Xxxxxx, 00xx Xxxxx, Xxx Xxxx, Xxx Xxxx 00000, Xxlecopy Number: (212) 000-0000, Xxtention: Lawrxxxx Xxxxxxx; emailxx to ML&Co. in its capacity as a Joint Lead Arranger, Joint Book Manager or Syndication Agent, at its address at World Financial Center, North Tower, 250 Xxxxx Xxxxxx, New York, New York 10281, Telecopy Number: xxxxxxxxxxxxxx.xxxxxxxx@xxxxxxxxxx.xxx)(212) 000-0000, Xxtention: Davix Xxxxxxx; orxx to J.P. Xxxxxx xx its capacity as a Joint Lead Arranger, Joint Book Manager or Documentation Agent, at its address at 60 Wxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000-0000, Xxlecopy Number: (212) 000-0000, Xxtention: Jose Xxxxxxx; xx, as to the Domestic Borrower or the Administrative Agent, at such other address as shall be designated by such party in a written notice to the other parties and, as to each other party, at such other address as shall be designated by such party in a written notice to the Domestic Borrower and the Administrative Agent. All such notices and other communications shall shall, when mailed, telegraphed, telecopied or telexed, be effective when deposited in the mails, delivered or received at the appropriate address or number to the attention of the appropriate individual telegraph company, transmitted by telecopier or departmentconfirmed by telex answerback, respectively, except that notices and communications to the Administrative any Agent pursuant to Article II, III or VII shall not be effective until received by the Administrative such Agent. Delivery by fax or electronic transmission telecopier of an executed counterpart of any amendment or waiver of any provision of this Agreement or the Notes or of any Exhibit hereto to be executed and delivered hereunder shall be effective as delivery of a manually an original executed counterpart thereof.. Credit Agreement 101 96

Appears in 1 contract

Samples: Credit Agreement (Tanner Chemicals Inc)

Notices, Etc. (a) The Borrower hereby agrees that any notice that is required to be delivered to it hereunder shall be delivered to the Borrower as set forth in this Section 8.02. All notices and other communications provided for hereunder shall be in writing (including faxtelegraphic, telecopy or electronic mail communication) and mailed, faxed telegraphed, telecopied, sent by electronic mail (with an electronic attachment containing a hand-written signature and with immediate confirmation by mail, telephone or telecopier) or delivered, if to the Borrower Borrower, at its address at 0 Xxxxxxxxx Xxxxx2000 Xxxxxxx Xxxx, XxxxxxxxSuite 400, Xxxx 00000Northbrook, Illinois 60062, Attention: Treasurer (fax: Chief Financial Officer, telecopier number (000) 000-0000; telephone: 0000 (000) 000-0000; email: xxxxxxx@xxx.xxx), with a copy to the General Counsel (faxfollowing written notice of such request by the Borrower to the other parties); if to any Guarantor, at its address at c/o Grubb & Exxxx Company, 2000 Xxxxxxx Xxxx, Suite 400, Northbrook, Illinois 60062, Attention: Chief Financial Officer, telecopier number (000) 000-0000; telephone: , (000) 000-0000with a copy to the General Counsel of Gxxxx & Exxxx Company 84 following written notice of such request by a Guarantor to the other parties); if to any Initial LenderLender Party, at its Domestic Lending Office specified in opposite its Administrative Questionnairename on Schedule I hereto; if to any other LenderLender Party, at its Domestic Lending Office specified in the Assignment and Assumption Acceptance pursuant to which it became a LenderLender Party; and if to the Administrative Agent, at its address at Xxxxx Fargo Bank60 Xxxx Xxxxxx, National AssociationXxx Xxxx, 0000 X XX Xxxxxx Blvd, Charlotte, NC 28262, Mail Code: D1109-019Xxx Xxxx 00000, Attention: Syndication Agency Services Lxxxx Xxxx, telecopier number (fax: 000-) 000-0000; telephone: 000-000-0000; email: xxxxxxxxxxxxxx.xxxxxxxx@xxxxxxxxxx.xxx); or, as to the Borrower or the Administrative Agentany party, at such other address as shall be designated by such party in a written notice to the other parties and, as to each other party, at such other address as shall be designated by such party in a written notice to the Borrower and the Administrative Agentparties. All such notices and other communications shall shall, when mailed or telecopied, be effective when delivered deposited in the mails or received at the appropriate address or number to the attention of the appropriate individual or departmenttransmitted by telecopier, respectively, except that notices and communications to the Administrative Agent pursuant to Article II, III or VII shall not be effective until received by the Administrative Agent. Delivery by fax or electronic transmission telecopier of an executed counterpart of a signature page to any amendment or waiver of any provision of this Agreement or the Notes or of any Exhibit hereto to be executed and delivered hereunder shall be effective as delivery of a manually an original executed counterpart thereof.

Appears in 1 contract

Samples: Credit Agreement (Grubb & Ellis Co)

Notices, Etc. (a) The Borrower hereby agrees that any notice that is required to be delivered to it hereunder shall be delivered to the Borrower as set forth in this Section 8.02. All notices and other communications provided for hereunder shall be in writing (including fax) and mailed, faxed telecopied or delivereddelivered by hand or by nationally recognized overnight courier, if to the Borrower or any other Loan Party, addressed to it at its address at 0 Xxxxxxxxx Xxxxx3155 El-Bee Road, XxxxxxxxDayton, Xxxx 00000, Attention: Treasurer Ohio 45439 (faxtelecopy number: (000937) 000296-0000; telephone: 4650) (000) 000-0000; email: xxxxxxx@xxx.xxx), with a copy to the General Counsel (fax: (000) 000-0000; telephonexxxxxxxxx xxxxxx: (000) 000-0000), Attention: Secrexxxx; xx xx xxy Lender, at its Domexxxx Xxxxxxx Xffice specified opposite its name on SCHEDULE II, or in any Assignment and Acceptance pursuant to which such Lender became a Lender, as the case may be; if to any Initial Lender, Issuer at its Domestic Lending Office specified in its Administrative Questionnaireaddress set forth on SCHEDULE III; if to any other Lender, at its Domestic Lending Office specified in the Assignment and Assumption pursuant to which it became a Lender; if to the Administrative Agent, at its address at Xxxxx Fargo Bank388 Greenwich Street, National AssociationNew York, 0000 X XX Xxxxxx Blvd, Charlotte, NC 28262, Mail CodeNew York 10013 (telecopy number: D1109(210) 000-0190000) (xxxxxxxxx xxxxxx: (000) 000-0000), Attention: Syndication Agency Services (fax: 000-000-0000Jeffrxx Xxxx; telephone: 000-000-0000; email: xxxxxxxxxxxxxx.xxxxxxxx@xxxxxxxxxx.xxx); orxx, as xs to the Borrower Borrowers or the Administrative Agentxxx Xxxxx, at xx such other address as shall adxxxxx xx xxxll be designated by such party in a written notice to the other parties and, as to each other party, at such other address as shall be designated by such party in a written notice to the Borrower Borrowers and the Administrative Agent. All such notices and communications shall be effective when telecopied or e-mailed with confirmation of receipt or delivered by hand or received at the appropriate address or number by nationally recognized overnight courier to the attention of the appropriate individual addressee or departmentits agent, respectively, except that notices and communications to the Administrative Agent pursuant to Article II, III ARTICLE II or VII IX shall not be effective until received by the Administrative Agent. Delivery by fax or electronic transmission of an executed counterpart of any amendment or waiver of any provision of this Agreement or of any Exhibit hereto to be executed and delivered hereunder shall be effective as delivery of a manually executed counterpart thereof.

Appears in 1 contract

Samples: Credit Agreement (Elder Beerman Stores Corp)

Notices, Etc. (a) The Borrower hereby agrees that any notice that is required to be delivered to it hereunder shall be delivered to the Borrower as set forth in this Section 8.02. All notices and other communications provided for hereunder shall be either (x) in writing (including faxtelecopier, telegraphic or telex communication) and mailed, faxed telecopied, telegraphed, telexed or delivereddelivered or (y) as and to the extent set forth in Section 9.02(b) and in the proviso to this Section 9.02(a), if to the Borrower Account Party, at its address at 0 Xxxxxxxxx 00 Xxxxxxx Xxxxx, Xxxxxxxx, Xxxxx Xxxxxxxx 00000, Attention: Xxxx Xxxxxxxx, with a copy to The Travelers Insurance Company, Xxx Xxxxxxxxx, Xxxxxxxx, Xxxxxxxxxxx 00000-0000, Attention: Xxxxx Xxxxxxx; if to the Guarantor, at its address at One MetLife Plaza, Area 7B, 00-00 Xxxxxx Xxxxx Xxxxx, Xxxx Xxxxxx Xxxx, Xxx Xxxx 00000, Attention: Treasurer (fax: (000) 000-0000; telephone: (000) 000-0000; email: xxxxxxx@xxx.xxx)Xxxxxxx X. Xxxxxxxxxx, with a copy to the General Counsel (fax: (000) 000-0000; telephone: (000) 000-0000)Treasurer; if to any Initial Lender, at its Domestic Lending Office specified in opposite its Administrative Questionnairename on Schedule I hereto; if to any other Lender, at its Domestic Lending Office specified in the Assignment and Assumption Acceptance pursuant to which it became a Lender; and if to the Administrative Agent, at its address at 000 Xxxxx Fargo BankXxxxxxx Xxxxxx, National AssociationXX 0760, 0000 X XX Xxxxxx BlvdXxxxxxxxx, CharlotteXxxxx Xxxxxxxx, NC 28262, Mail Code: D1109-01900000, Attention: Syndication Agency Services (fax: 000-000-0000; telephone: 000-000-0000; email: xxxxxxxxxxxxxx.xxxxxxxx@xxxxxxxxxx.xxx)Xxxx Xxxxxx; or, as to the Borrower Account Party, the Guarantor or the Administrative Agent, at such other address as shall be designated by such party in a written notice to the other parties and, as to each other party, at such other address as shall be designated by such party in a written notice to the Borrower Account Party and the Administrative Agent, provided that materials required to be delivered pursuant to Section 5.01(g)(i), (ii), (iii), (iv) or (vi) shall be delivered to the Agent as specified in Section 9.02(b) or as otherwise specified to the Account Party by the Agent; provided further that any certificate to be delivered to the Agent or an Issuing Bank by a Secretary, Assistant Secretary or a financial officer of any Person pursuant to or in connection with the requirements of this Agreement shall be delivered in hard copy if so requested by the Agent or an Issuing Bank. All such notices and communications shall shall, when mailed, telecopied, telegraphed or e-mailed, be effective when delivered received or received at the appropriate address or number to the attention of the appropriate individual or departmentconfirmed by e-mail, except that notices and communications to the Administrative Agent pursuant to Article II, III or VII shall not be effective until received by the Administrative Agentrespectively. Delivery by fax or electronic transmission telecopier of an executed counterpart of any amendment or waiver of any provision of this Agreement or of any Exhibit hereto to be executed and delivered hereunder shall be effective as delivery of a manually executed counterpart thereof.

Appears in 1 contract

Samples: Metlife Inc

Notices, Etc. (a) The Borrower hereby agrees that any notice that is required to be delivered to it hereunder shall be delivered to the Borrower as set forth in this Section 8.02. All notices and other communications provided for hereunder shall be in writing (including faxtelegraphic, telecopy or electronic mail communication) and mailed, faxed telegraphed, telecopied, sent by electronic mail (with an electronic attachment containing a hand-written signature and with immediate confirmation by mail, telephone or telecopier) or delivered, if to the Borrower Borrower, at its address at 0 Xxxxxxxxx Xxxxx2000 Xxxxxxx Xxxx, XxxxxxxxSuite 400, Xxxx 00000Northbrook, Illinois 60062, Attention: Treasurer (fax: Chief Financial Officer, telecopier number (000) 000-0000; telephone: 0000 (000) 000-0000; email: xxxxxxx@xxx.xxx), with a copy to the General Counsel (faxfollowing written notice of such request by the Borrower to the other parties); if to any Guarantor, at its address at c/o Grubb & Exxxx Company, 2000 Xxxxxxx Xxxx, Suite 400, Northbrook, Illinois 60062, Attention: Chief Financial Officer, telecopier number (000) 000-0000; telephone: , (000) 000-0000with a copy to the General Counsel of Gxxxx & Exxxx Company following written notice of such request by a Guarantor to the other parties); if to any Initial LenderLender Party, at its Domestic Lending Office specified in opposite its Administrative Questionnairename on Schedule I hereto; if to any other LenderLender Party, at its Domestic Lending Office specified in the Assignment and Assumption Acceptance pursuant to which it became a LenderLender Party; and if to the Administrative Agent, at its address at Xxxxx Fargo Bank60 Xxxx Xxxxxx, National AssociationXxx Xxxx, 0000 X XX Xxxxxx Blvd, Charlotte, NC 28262, Mail Code: D1109-019Xxx Xxxx 00000, Attention: Syndication Agency Services Lxxxx Xxxx, telecopier number (fax: 000-) 000-0000; telephone: 000-000-0000; email: xxxxxxxxxxxxxx.xxxxxxxx@xxxxxxxxxx.xxx); or, as to the Borrower or the Administrative Agentany party, at such other address as shall be designated by such party in a written notice to the other parties and, as to each other party, at such other address as shall be designated by such party in a written notice to the Borrower and the Administrative Agentparties. All such notices and other communications shall shall, when mailed or telecopied, be effective when delivered deposited in the mails or received at the appropriate address or number to the attention of the appropriate individual or departmenttransmitted by telecopier, respectively, except that notices and communications to the Administrative Agent pursuant to Article II, III or VII shall not be effective until received by the Administrative Agent. Delivery by fax or electronic transmission telecopier of an executed counterpart of a signature page to any amendment or waiver of any provision of this Agreement or the Notes or of any Exhibit hereto to be executed and delivered hereunder shall be effective as delivery of a manually an original executed counterpart thereof.

Appears in 1 contract

Samples: Credit Agreement (Grubb & Ellis Co)

Notices, Etc. (a) The Borrower hereby agrees that any notice that is required to be delivered to it hereunder shall be delivered to the Borrower as set forth in this Section 8.02. All notices and other communications provided for hereunder shall be either (x) in writing (including faxtelecopier, telegraphic or telex communication) and mailed, faxed telecopied, telegraphed, telexed or delivered, or (y) as and to the extent set forth in Section 9.02(b) and (c), if to Loan Parties, at the Borrower address of the Guarantor at its address at 0 Xxxxxxxxx XxxxxOne East Weaver Street, XxxxxxxxGreenwich, Xxxx 00000Connecticut 06831, Attention: Treasurer (fax: (000) 000-0000Erxx Xxxxxxx; telephone: (000) 000-0000; email: xxxxxxx@xxx.xxx), with a copy to the General Counsel (fax: (000) 000-0000; telephone: (000) 000-0000); if to xx xx any Initial Lender, at its Domestic Lending Office specified in Offixx xxxxxxxxx opposite its Administrative Questionnairename on Schedule I hereto; if to any other Lender, at its Domestic Lending Office specified in the Assumption Agreement or the Assignment and Assumption Acceptance pursuant to which it became a Lender; and if to the Administrative Agent, at its address at Xxxxx Fargo BankTwo Penns Way, National AssociationNew Castle, 0000 X XX Xxxxxx Blvd, Charlotte, NC 28262, Mail Code: D1109-019Delaware 19720, Attention: Syndication Agency Services (fax: 000-000-0000Bank Loan Syxxxxxxxxxx Xxxxxxxxxx; telephone: 000-000-0000; email: xxxxxxxxxxxxxx.xxxxxxxx@xxxxxxxxxx.xxx); orxx, as to the Borrower xx xx xxx Xxxx Party or the Administrative Agent, at such other address as shall be designated by such party in a written notice to the other parties and, as to each other party, at such other address as shall be designated by such party in a written notice to the Borrower Borrowers and the Administrative Agent. All such notices and communications shall shall, when mailed, telecopied, telegraphed or telexed, be effective when deposited in the mails, telecopied, delivered or received at the appropriate address or number to the attention of the appropriate individual telegraph company or departmentconfirmed by telex answerback, respectively, except that notices and communications to the Administrative Agent pursuant to Article II, III or VII VIII shall not be effective until received by the Administrative Agent. Delivery by fax or electronic transmission telecopier of an executed counterpart of any amendment or waiver of any provision of this Agreement or the Notes or of any Exhibit hereto to be executed and delivered hereunder shall be effective as delivery of a manually executed counterpart thereof.

Appears in 1 contract

Samples: Credit Agreement (Omnicom Group Inc)

Notices, Etc. (a) The Borrower hereby agrees that any notice that is required to be delivered to it hereunder shall be delivered to the Borrower as set forth in this Section 8.02. All notices and other communications provided for hereunder shall be (x) in writing (including faxtelecopier or telegraphic communication) and mailedsent by reputable overnight courier, faxed telecopied, telegraphed or delivereddelivered or (y) as and to the extent set forth in Section 8.02(b) and in the proviso to this Section 8.02(a), if to the Borrower Borrower, at its address at 0 00000 Xxxxxxxxx Xxxxx, XxxxxxxxXxxxxxxx Xxxxxxx, Xxxx Xxxxxxxxx 00000, Attention: Treasurer (fax: (000) 000-0000; telephone: (000) 000-0000; email: xxxxxxx@xxx.xxx)Xxxxxx X. Xxxxx, Senior Vice President and Chief Financial Officer, and Xxxxxxx X. Xxxxxxxxx, Director Treasury Operations and Finance, with a copy copies to the 00000 Xxxxxxxxx Xxxxx, Xxxxxxxx Xxxxxxx, Xxxxxxxxx 00000, Attention: Xxxxx X. Xxxxxxxx, General Counsel (fax: (000) 000-0000; telephone: (000) 000-0000)Counsel; if to any Initial Lender, at its Domestic Lending Office specified in opposite its Administrative Questionnairename on Schedule I hereto; if to any other Lender, at its Domestic Lending Office specified in the Assumption Agreement or the Assignment and Assumption Acceptance pursuant to which it became a Lender; and if to the Administrative Agent, at its address at Xxx Xxxxx Fargo BankXxx, National AssociationXxx Xxxxxx, 0000 X XX Xxxxxx Blvd, Charlotte, NC 28262, Mail Code: D1109-019Xxxxxxxx 00000, Attention: Syndication Agency Services (fax: 000-000-0000; telephone: 000-000-0000; email: xxxxxxxxxxxxxx.xxxxxxxx@xxxxxxxxxx.xxx)Bank Loan Syndications Department; or, as to the Borrower or the Administrative Agent, at such other address as shall be designated by such party in a written notice to the other parties and, as to each other party, at such other address as shall be designated by such party in a written notice to the Borrower and the Administrative Agent, provided that materials required to be delivered pursuant to Section 5.01(i)(i), (ii) or (iv) shall be delivered to the Agent as specified in Section 8.02(b) or as otherwise specified to the Borrower by the Agent. All such notices and communications shall shall, when mailed, telecopied, telegraphed or e-mailed, be effective when deposited in the mails, telecopied, delivered or received at the appropriate address or number to the attention of the appropriate individual telegraph company or departmentconfirmed by e-mail, respectively, except that notices and communications to the Administrative Agent pursuant to Article II, III or VII shall not be effective until received by the Administrative Agent. Delivery by fax or electronic transmission telecopier of an executed counterpart of any amendment or waiver of any provision of this Agreement or the Notes or of any Exhibit hereto to be executed and delivered hereunder shall be effective as delivery of a manually executed counterpart thereof.

Appears in 1 contract

Samples: Five Year Credit Agreement (Snap on Inc)

Notices, Etc. (a) The Borrower hereby agrees that any notice that is required to be delivered to it hereunder shall be delivered to the Borrower as set forth in this Section 8.02. All notices and other communications provided for hereunder shall be in writing (including faxtelegraphic, telecopy or telex communication) and mailed, faxed telegraphed, telecopied, telexed or delivered, if to the Borrower Borrower, at its address at 0 Xxxxxxxxx Xxxxx0000 X. 000xx Xxxxxx, XxxxxxxxXxxxxxxx Xxxx, Xxxx XX 00000, Attention: Treasurer (fax: (000) 000-0000; telephone: (000) 000-0000; email: xxxxxxx@xxx.xxx), with a copy to the General Counsel (fax: (000) 000-0000; telephone: (000) 000-0000)Chief Financial Officer; if to any Initial LenderLender or the Initial Issuing Bank, at its Domestic Lending Office specified in opposite its Administrative Questionnairename on Schedule I hereto; if to any other LenderLender Party, at its Domestic Lending Office specified in the Assignment and Assumption Acceptance pursuant to which it became a LenderLender Party; and if to the Administrative Agent, at its address at Xxx Xxxxx Fargo BankXxxxxxxx Xxxxx, National AssociationXxxxxxx, 0000 X XX Xxxxxx Blvd, Charlotte, NC 28262, Mail Code: D1109-019Xxxxxxxx 00000, Attention: Syndication Agency Services (fax: 000-000-0000; telephone: 000-000-0000; email: xxxxxxxxxxxxxx.xxxxxxxx@xxxxxxxxxx.xxx)__________; or, as to the Borrower or the Administrative Agent, at such other address as shall be designated by such party in a written notice to the other parties and, as to each other party, at such other address as shall be designated by such party in a written notice to the Borrower and the Administrative Agent. All such notices and communications shall shall, when mailed, telegraphed, telecopied or telexed, be effective when deposited in the mails, delivered or received at the appropriate address or number to the attention of the appropriate individual telegraph company, transmitted by telecopier or departmentconfirmed by telex answerback, respectively, except that notices and communications to the Administrative Agent pursuant to Article II, III or VII shall not be effective until received by the Administrative Agent. Any communication by telecopier 89 NYDOCS03/100354 Xxxxxxxx'x International Credit Agreement shall be followed by delivery by nationally recognized overnight courier of a copy of such communication. Delivery by fax or electronic transmission telecopier of an executed counterpart of any amendment or waiver of any provision of this Agreement or the Notes or of any Exhibit hereto to be executed and delivered hereunder shall be effective as delivery of a manually executed counterpart thereof. Prior to the occurrence of an Event of Default, all communications from, or requests by, a Lender to the Borrower shall be made through the Administrative Agent, and the Administrative Agent agrees to promptly convey such communication or request to the Borrower.

Appears in 1 contract

Samples: Credit Agreement (Applebees International Inc)

Notices, Etc. (a) The Borrower hereby agrees that any notice that is required to be delivered to it hereunder shall be delivered to the Borrower as set forth in this Section 8.02. All notices and other communications provided for hereunder shall be in writing (including faxwhich shall include any electronic transmission by facsimile (except in the case of the Borrower) or in “.pdf,” “.tiff” or other customary format) and mailed, sent by electronic mail (to the extent agreed pursuant to clause (b) below) faxed (except in the case of the Borrower) or delivered, if to the Borrower Borrower, at its address at 0 0000 Xxxx Xxxxxxxxx Xxxx., Xxxx Xxxxx, Xxxxxxxx, Xxxx 00000Indiana 46804, Attention: Treasurer Xxxxxxx X. Xxxxxxxxx (fax: (000) 000260-0000; telephone: (000) 000969-0000; email: xxxxxxx@xxx.xxx), with a copy to the General Counsel (fax: (000) 000-0000; telephone: (000) 000-00003560); if to any Initial LenderLender Party, at its Domestic Lending Office specified in opposite its Administrative Questionnairename on Schedule I hereto; if to any other LenderLender Party, at its Domestic Lending Office specified in the Assignment and Assumption pursuant to which it became a LenderLender Party; if to the Administrative Collateral Agent, at its address at Xxxxx Fargo PNC Bank, National AssociationThree PNC Plaza, 0000 X XX Xxxxxx Blvd000 Xxxxx Xxxxxx, CharlotteXxxxxxxxxx, NC 28262, Mail Code: D1109-019Xxxxxxxxxxxx 00000, Attention: Syndication Agency Services Xxxxx X. Xxxxxx or Xxxxxx XxXxxxxxx (faxfacsimile 412-762-6484); and if to the Paying Agent, at its address at PNC Firstside Center, 000 Xxxxx Xxxxxx, X0-XXXX-00-X, Xxxxxxxxxx, Xxxxxxxxxxxx 00000, Attention: 000Xxxxxxxx Xxxxx (facsimile 412-000762-0000; telephone: 000-000-0000; email: xxxxxxxxxxxxxx.xxxxxxxx@xxxxxxxxxx.xxx)2905) and with respect to notices and/or deliveries pursuant to Section 5.03; or, as to the Borrower or the Administrative Paying Agent, at such other address as shall be designated by such party in a written notice to the other parties and, as to each other party, at such other address as shall be designated by such party in a written notice to the Borrower and the Administrative Paying Agent. All such notices and other communications shall, when mailed, sent by electronic mail or faxed (provided, however, that no notice or other communication shall be provided to the Borrower by facsimile), be effective when delivered deposited in the mails or received at the appropriate address transmitted in “.pdf,” “.tiff” or number to the attention of the appropriate individual other customary format or departmentby facsimile, respectively, except that notices and communications to the Administrative any Agent pursuant to Article II, III or VII shall not be effective until received by the Administrative such Agent. Delivery by fax facsimile or electronic transmission “.pdf” of an executed 118 counterpart of any amendment or waiver of any provision of this Agreement or the Notes or of any Exhibit hereto to be executed and delivered hereunder shall be effective as delivery of a manually an original executed counterpart thereof; provided, however, that no such communication shall be delivered to the Borrower by facsimile.

Appears in 1 contract

Samples: Credit Agreement (Steel Dynamics Inc)

Notices, Etc. (a) The Borrower hereby agrees that any notice that is required to be delivered to it hereunder shall be delivered to the Borrower as set forth in this Section 8.02. All notices and other communications provided for hereunder shall be in writing (including faxtelecopier, telegraphic or telex communication) and mailed, faxed telecopied, telegraphed, telexed or delivered, if to the Borrower Company, at its address at 0 2330 Shawnee Mission Parkway, Westwood, Kansas 66205, Xxxxxxxxx: Xxxxxxxxx Xxxxx, Xxxxxxxx, Xxxx 00000, Attention: Treasurer (fax: (000) 000-0000; telephone: (000) 000-0000; email: xxxxxxx@xxx.xxx), with a copy to the General Counsel (fax: (000) 000-0000; telephoneXxxxxxxxxx Xx.: (000) 000-0000); if to Sprint Capital, at its addresx xx 0000 Xxxxnee Mission Parkway, Westwood, Kansas 66205, Xxxxxxxxx: Xxxxxxxxx (Xxxxxxxxxx Xx.: (000) 000-0070); if to any Initial Lender, at its Domestic Lending Domxxxxx Xxxxxxx Office specified in opposite its Administrative Questionnairename on Schedule I hereto; if to any other Lender, at its Domestic Lending Office specified in the Assignment and Acceptance or the Assumption Agreement pursuant to which it became a Lender; and if to the Administrative Agent, at its address at Xxxxx Fargo Bank399 Park Avenue, National AssociationNew York, 0000 X XX Xxxxxx Blvd, Charlotte, NC 28262, Mail Code: D1109-019New York 10043, Attention: Syndication Agency Services Xxxxxx Xxxx (faxXxxxxxxxxx Xx.: (000) 000-000-0000; telephone: 000-000-0000; email: xxxxxxxxxxxxxx.xxxxxxxx@xxxxxxxxxx.xxx6873); or, as to the Borrower xx xxx Xxxrower or the Administrative AgentAdminixxxxxxxx Xxxxx, at such other address as shall be designated by such party in a written notice to the other parties and, as to each other party, at such other address as shall be designated by such party in a written notice to the Borrower Borrowers and the Administrative Agent. All such notices and communications shall shall, when mailed, telecopied, telegraphed or telexed, be effective when deposited in the mails, telecopied, delivered or received at the appropriate address or number to the attention of the appropriate individual telegraph company or departmentconfirmed by telex answerback, respectively, except that notices and communications to the Administrative Agent pursuant to Article II, III or VII shall not be effective until received by the Administrative Agent. Delivery by fax or electronic transmission telecopier of an executed counterpart of any amendment or waiver of any provision of this Agreement or the Notes or of any Exhibit (other than the Notes) hereto to be executed and delivered hereunder shall be effective as delivery of a manually executed counterpart thereof.

Appears in 1 contract

Samples: Day Credit Agreement (Sprint Corp)

Notices, Etc. (a) The Borrower hereby agrees that any notice that is required to be delivered to it hereunder shall be delivered to the Borrower as set forth in this Section 8.02. All notices and other communications provided for hereunder shall be in writing (including faxtelecopier, telegraphic or telex communication) and mailed, faxed telecopied, telegraphed, telexed or delivered, if to the Borrower Company or to any Designated Subsidiary, at its the Company's address at 0 Xxxxxxxxx XxxxxCorporate Headquarters, Xxxxxxxx100 Crystal A Drive, Xxxx 00000Hershey, Pennsylvania 17033-0810, Attention: Treasurer (fax: Xxxxxxxx Xxxxxxxxxx, Xxx Xx. (000) 000-0000; telephone: (000) 000-0000; email: xxxxxxx@xxx.xxx), with a copy to the General Counsel (fax: (000) 000-0000; telephone: (000) 000-0000); if to any xx xx xxx Initial Lender, at its Domestic Lending Office specified in Oxxxxx xxxxxxxxd opposite its Administrative Questionnairename on Schedule I hereto; if to any other Lender, at its Domestic Lending Office specified in the Assumption Agreement or the Assignment and Assumption Acceptance, as the case may be, pursuant to which it became a Lender; and if to the Administrative Agent, at its address at Xxxxx Fargo BankOne Court Square, National AssociationSeventh Floor, 0000 X XX Xxxxxx BlvdLong Island City, CharlotteNew York 11120, NC 28262Xxxxxxxxx: Xxxx Xxxx Xxxxxxxxxxxx, Mail Code: D1109-019, Attention: Syndication Agency Services Xxx Xx. (fax: 000-) 000-0000; telephone: 000-000-0000; email: xxxxxxxxxxxxxx.xxxxxxxx@xxxxxxxxxx.xxx); orxx, as xs to the any Borrower or the Administrative Agent, at such other address as othex xxxxxxx xx shall be designated by such party in a written notice to the other parties and, as to each other party, at such other address as shall be designated by such party in a written notice to the Borrower Company and the Administrative Agent. All such notices and communications shall shall, when mailed, telecopied, telegraphed or telexed, be effective when deposited in the mails, telecopied, delivered or received at the appropriate address or number to the attention of the appropriate individual telegraph company or departmentconfirmed by telex answerback, respectively, except that notices and communications to the Administrative Agent pursuant to Article II, III or VII VIII shall not be effective until received by the Administrative Agent. Delivery by fax or electronic transmission telecopier of an executed counterpart of any amendment or waiver of any provision of this Agreement or the Notes or of any Exhibit hereto to be executed and delivered hereunder shall be effective as delivery of a manually executed counterpart thereof.

Appears in 1 contract

Samples: Credit Agreement (Hershey Foods Corp)

Notices, Etc. (a) The Borrower hereby agrees that any notice that is required to be delivered to it hereunder shall be delivered to the Borrower as set forth in this Section 8.02. All notices and other communications provided for hereunder and under the other Loan Documents shall be in writing (including faxtelegraphic, facsimile, telex or cable communication) and mailed, faxed telegraphed, telecopied, telexed, cabled or delivered, (i) if to the Borrower Borrower, at its address at 0 Xxxxxxxxx Fairlane Plaza South, 330 Xxxx Xxxxxx Xxxxx, Xxxxx 0000, Xxxxxxxx, Xxxx Xxxxxxxx 00000, AttentionXttention: Treasurer (fax: (000) 000-0000; telephone: (000) 000-0000; email: xxxxxxx@xxx.xxx)Micxxxx X. XxxXxxxxx, Xsq., Assistant General Counsel, with a copy to the General Counsel Dorxx X. Xxxxxx, Xice President and Treasurer, 212 Xxxx Xxxxxxxx Xxxxxx, Xxxxxxx, Xxxxxxxx 00000; (fax: (000ii) 000-0000; telephone: (000) 000-0000); if to any Initial LenderBank, at its Domestic Lending Office specified in opposite its Administrative Questionnairename on Schedule I; (iii) if to any Issuing Bank, at its address specified in the Issuing Bank Agreement to which it is a party; (iv) if to any Lender other Lenderthan a Bank, at its Domestic Lending Office specified in the Lender Assignment and Assumption pursuant to which it became a Lender; and (v) if to the Administrative Agent, the Documentation Agent, the Collateral Agent or the Syndication Agent, at its address at Agent Bank Services Group, 1 Chase Manxxxxxx Xxxxx, 0xx Xxxxx, Xxx Xxxx, Xxx Xxxx 00000, Xttention: Vinxxxx Xxxxx Fargo (Xelecopy no. 212.552.5777), with a copy to The Chase Manhattan Bank, National Association1 Chase Manxxxxxx Xxxxx, 0000 X XX Xxxxxx Blvd0xx Xxxxx, CharlotteXxx Xxxx, NC 28262Xxx Xxxx 00000, Mail CodeXttention: D1109-019, Attention: Syndication Agency Services Thoxxx X. Xxxxx (fax: 000-000-0000; telephone: 000-000-0000; email: xxxxxxxxxxxxxx.xxxxxxxx@xxxxxxxxxx.xxxXelecopy No. 212.552.6276); or, as to the Borrower or the Administrative Agenteach party, at such other address as shall be designated by such party in a written notice to the other parties and, as to each other party, at such other address as shall be designated by such party in a written notice to the Borrower and the Administrative Agentparties. All such notices and communications shall shall, when mailed, telegraphed, telecopied, telexed or cabled, be effective five days after when deposited in the mails, or when delivered or received at the appropriate address or number to the attention of telegraph company, telecopied, confirmed by telex answerback or delivered to the appropriate individual or departmentcable company, respectively, except that notices and communications to the Administrative any Agent pursuant to Article II, III III, or VII X shall not be effective until received by the Administrative such Agent. Delivery by fax or electronic transmission of an executed counterpart of any amendment or waiver of any provision of this Agreement or of any Exhibit hereto to be executed and delivered hereunder shall be effective as delivery of a manually executed counterpart thereof.

Appears in 1 contract

Samples: Credit Agreement (CMS Energy Corp)

Notices, Etc. (a) The Borrower hereby agrees that any notice that is required to be delivered to it hereunder shall be delivered to the Borrower as set forth in this Section 8.02. All notices and other communications com munications provided for hereunder shall be in writing (including faxincluding, without limitation, telegraphic, telex, telecopy or cable communication) and mailed, faxed telegraphed, telexed, telecopied, cabled or delivereddelivered by hand, if to the Borrower Borrower, at its address at 0 Xxxxxxxxx Xxxxx115 Xxxxx xx Xxxxxxxxxx, Xxxxx 000, Xxx Xxxxxxxx, Xxxx Xxxxxxxxxx 00000, AttentionXxtention: Treasurer Chief Financial Officer (faxTelecopy: (000) 000-0000; telephone: (000) 000-0000; email: xxxxxxx@xxx.xxx), with a copy to the General Counsel (fax: (000) 000-0000; telephone: (000714) 000-0000); if xf to any Initial LenderWellx Xxxgo, at its Domestic Lending Office specified in its Administrative Questionnaireaddress at 2030 Xxxx Xxxxxx, Xxxxx 000, Xxxxxx, Xxxxxxxxxx 00000, Xxtention: Waynx X. Xxxxxxx (Xxlecopy: (714) 000-0000); if xf to any other Lender, at its Domestic Lending Office specified in the Assignment opposite its name on Schedule III; and Assumption pursuant to which it became a Lender; if to the Administrative AgentAgent or the Issuing Bank, at its address at 201 Xxxxx Fargo BankXxxxxxx Xxxxxx, National Association00xx Xxxxx, 0000 X XX0-0000, Xxxxxxx, XX Xxxxxx Blvd00000, Charlotte, NC 28262, Mail CodeXxtention: D1109-019, AttentionJennxxxx Xxxxxxxxx (Xxlecopy: Syndication Agency Services (fax: 000-602) 000-0000; telephone: 000-000-0000; email: xxxxxxxxxxxxxx.xxxxxxxx@xxxxxxxxxx.xxx); or, as xs to the Borrower or the Administrative Agent, at such other address as shall be designated by such party in a written notice to the other parties and, as to each other party, at such other address as shall be designated by such party in a written notice to the Borrower and the Administrative Agent. All such notices and communications shall shall, when mailed, telegraphed, telexed, telecopied, cabled or delivered, be effective when deposited in the mails, delivered or received at the appropriate address or number to the attention telegraph company, confirmed by telex answerback, telecopied with confirmation of receipt, delivered to the appropriate individual cable company or departmentdelivered by hand to the addressee or its agent, respectively, except that notices and communications to the Administrative Agent pursuant to Article II, III II or VII X shall not be effective until received by the Administrative Agent. Delivery by fax or electronic transmission of an executed counterpart of any amendment or waiver of any provision of this Agreement or of any Exhibit hereto to be executed and delivered hereunder shall be effective as delivery of a manually executed counterpart thereof.

Appears in 1 contract

Samples: Revolving Credit Agreement (Sunstone Hotel Investors Inc)

Notices, Etc. (a) The Borrower hereby agrees that any notice that is required to be delivered to it hereunder shall be delivered to the Borrower as set forth in this Section 8.02. All notices and other communications ------------- provided for hereunder shall be in writing (including faxtelecopy, telegraphic, telex or cable communication) and mailed, faxed telegraphed, telecopied, telexed, cabled or delivered, if to the Borrower at Borrower, to its address at 0 Xxxxxxxxx Xxxxx00000 Xxxxxxxx Xxxx, Xxxxxxxx, Xxxx Xxxxxxxx 00000, Attention: Treasurer (fax: (000) 000-0000; telephone: (000) 000-0000; email: xxxxxxx@xxx.xxx)Assistant Treasurer, Dept. 52/924.11, with a copy to the same address, Attention: Assistant General Counsel (fax: (000) 000-0000; telephone: (000) 000-0000)- Corporate Finance, Dept. 52/923; if to any Initial LenderBank, at to its Domestic Lending Office specified in opposite its Administrative Questionnairename on Schedule I hereto; if to any other Lender, at to its Credit Agreement ---------------- Domestic Lending Office specified in the Assignment and Assumption Acceptance pursuant to which it became a Lender; if to any Managing Agent, the Documentation Agent or the Letter of Credit Agent, to its address specified on the signature pages hereto; and if to the Administrative Agent, at its address at 0 Xxxxx Fargo BankXxxxxx, National AssociationXxxx Xxxxxx Xxxx, 0000 X XX Xxxxxx Blvd, Charlotte, NC 28262, Mail Code: D1109-019Xxx Xxxx 00000, Attention: Syndication Agency Services Xxx Xxxx (fax: or her successors), telephone number (718) 000-0000, telecopier number (000) 000-0000; telephone: 000-000-0000; email: xxxxxxxxxxxxxx.xxxxxxxx@xxxxxxxxxx.xxx); or, as or to the Borrower or the Administrative Agent, at such other address as shall be designated by such party in a written notice to the other parties and, as to each other party, at such other address as shall be designated by such party in a written notice to the Borrower and the Administrative Agent. All such notices and communications shall shall, (a) when mailed, be effective three Business Days after the same is deposited in the mails, (b) when mailed for next day delivery by a reputable freight company or reputable overnight courier service, be effective one Business Day thereafter, and (c) when sent by telegraph, telecopy, telex or cable, be effective when the same is telegraphed, telecopied and receipt thereof is confirmed by telephone or return telecopy, confirmed by telex answerback or delivered or received at the appropriate address or number to the attention of the appropriate individual or departmentcable company, respectively, except that notices and communications to the Administrative Agent pursuant to Article II, III or VII VIII shall not be effective until received by the Administrative Agent. Delivery by fax or electronic transmission of an executed counterpart of any amendment or waiver of any provision of this Agreement or of any Exhibit hereto to be executed and delivered hereunder shall be effective as delivery of a manually executed counterpart thereof.

Appears in 1 contract

Samples: Credit Agreement (Marriott International Inc)

Notices, Etc. (a) The Borrower hereby agrees that any notice that is required to be delivered to it hereunder shall be delivered to the Borrower as set forth in this Section 8.02. All notices Notices and other communications provided for hereunder shall be either (i) in writing (including faxtelecopier, telegraphic or telex communication) and mailed, faxed telecopied or deliveredotherwise delivered or (ii) as and to the extent set forth in Section 8.02(b) and in the proviso to this Section 8.02(a), if to the Borrower Borrower, at its address at 0 Xxxxxxxxx Trans- Allegheny Interstate Line Company, 000 Xxxxx Xxxx Xxxxx, XxxxxxxxXxxxxxxxxx, Xxxx XX 00000, Attention: Treasurer (faxFax: (000) 000-0000; telephone, Attention: (000) 000-0000; email: xxxxxxx@xxx.xxx), with a copy to the General Counsel (fax: (000) 000-0000; telephone: (000) 000-0000)Treasurer; if to any Initial Lender, at its Domestic Lending Office specified in its Administrative Questionnaire; if to the Initial Issuing Bank, any other LenderLender or any Issuing Bank, at its Domestic Lending Office specified in the Assignment Office; and Assumption pursuant to which it became a Lender; if to the Administrative Agent, at its address at Xxxxx Fargo Bank000 0xx Xxxxxx, National AssociationXxx Xxxx, 0000 X XX Xxxxxx BlvdXxx Xxxx, Charlotte, NC 28262, Mail Code: D1109-01900000, Attention: Syndication Agency Services (fax: 000-000-0000; telephone: 000-000-0000; email: xxxxxxxxxxxxxx.xxxxxxxx@xxxxxxxxxx.xxx)Xxxxx X’Xxxxx; or, as to the Borrower or the Administrative Agent, at such other address as shall be designated by such party the Borrower or the Administrative Agent, as the case may be, in a written notice to the other parties and, as to each other party, at such other address as shall be designated by such party in a written notice to the Borrower and the Administrative Agent, provided that materials required to be delivered pursuant to Section 5.04 shall be delivered to the Administrative Agent as specified in Section 8.02(b) or as otherwise specified to the Borrower by the Administrative Agent. All such notices and communications shall shall, when mailed, telecopied, telegraphed or e-mailed, be effective when deposited in the mails, telecopied, delivered or received at the appropriate address or number to the attention of the appropriate individual telegraph company or departmentconfirmed by e-mail, respectively, except that notices and communications to the Administrative Agent pursuant to Article II, Article III or Article VII shall not be effective until received by the Administrative Agent. Delivery by fax or electronic transmission telecopier of an executed counterpart of any amendment or waiver of any provision of this Agreement or the Notes or of any Exhibit hereto to be executed and delivered hereunder shall be effective as delivery of a manually executed counterpart thereof.

Appears in 1 contract

Samples: Credit Agreement (Allegheny Energy, Inc)

Notices, Etc. (a) The Borrower hereby agrees that any notice that is required to be delivered to it hereunder shall be delivered to the Borrower as set forth in this Section 8.02. All notices and other communications provided for hereunder shall be in writing (including faxtelecopy, telegraphic or cable communication) and telecopied, mailed, faxed telegraphed, cabled or delivered, if to the Borrower Borrower, at its address at 0 Xxxxxxxxx P.O. Xxx 0, 000 Xxxxxx Xxxxxx, Xxxx Xxxxx, Xxxxxxxx, Xxxx Xxxxx 00000, Attention: Treasurer (fax: (000) 000-0000; telephone: (000) 000-0000; email: xxxxxxx@xxx.xxx), with a copy to the General Counsel (fax: (000) 000-0000; telephone: (000) 000-0000); if xx to any Initial LenderBank listed on Schedule I hereto, at its Domestic Lending Office Notice Address specified in opposite its Administrative Questionnairename on Schedule I hereto; if to any other LenderBank, at its Domestic Lending Office specified in the Assignment and Assumption Acceptance pursuant to which it became a LenderBank; if to the Administrative Agent, at its address at Xxxxx Fargo to Chase Bank of Texas, N.A., c/o The Chase Manhattan Bank, National AssociationLoan and Agency Services Group, 0000 X XX Xxxxxx BlvdOne Chase Manhxxxxx Xxxxx, Charlotte0xx Xxxxx, NC 28262Xxx Xxxx, Mail CodeXxx Xxxx 00000, Xxtention: D1109Munixxx Xxxxxxx (Xxlecopy No. (212) 000-0190000) xxd (in the case of Competitive Advances) Chrix Xxxxxxxx (Xxlecopy No. (212) 000-0000) xxd, in all cases, to Chase Bank of Texas, N.A., P.O. Xxx 000000, Xxxxxx, Xxxxx 00000- 0097, Attention: Syndication Agency Services Tim Xxxxx (fax: 000-Xxlecopy No. (214) 000-0000; telephone: 000-000-0000; email: xxxxxxxxxxxxxx.xxxxxxxx@xxxxxxxxxx.xxx); orxr, as to the Borrower Borrower, any Bank or the Administrative Agent, at such other address as shall be designated by such party in a written notice to the other parties and, as to each other party, at such other address as shall be designated by such party in a written notice to the Borrower and the Administrative Agent. All such notices and communications shall shall, when telecopied, mailed, telegraphed, or cabled, be effective when sent by telecopy, deposited in the mails, delivered or received at the appropriate address or number to the attention of telegraph 41 37 company, or delivered to the appropriate individual or departmentcable company, respectively, except that notices and communications to the Administrative Agent pursuant to Article II, III II or VII shall not be effective until received by the Administrative Agent. Delivery The Administrative Agent shall be entitled to rely on any oral notice made pursuant to Section 2.03(a)(v) believed by fax it to be genuine and made by the proper party or electronic transmission of an executed counterpart parties, and the Borrower and the Banks, as the case may be, agree to be conclusively bound by the Administrative Agent's records in respect of any amendment or waiver of any provision of this Agreement or of any Exhibit hereto to be executed and delivered hereunder shall be effective as delivery of a manually executed counterpart thereofsuch notice.

Appears in 1 contract

Samples: Union Pacific Resources Group Inc

Notices, Etc. (a) The Borrower hereby agrees that any notice that is required to be delivered to it hereunder shall be delivered to the Borrower as set forth in this Section 8.02. All notices and other communications provided for hereunder shall be in writing (including faxfax or e-mail communication) and mailed, faxed telegraphed, telecopied, telexed or delivered, if to the Borrower Borrower, at its address at 0 Xxxxxxxxx 0000 Xxxx Xxxx Xxxxx, XxxxxxxxXxxxxxx, Xxxx Xxxxx 00000, Attention: Treasurer (fax: (000) 000-0000; telephone: (000) 000-0000; email: xxxxxxx@xxx.xxx), with a copy to the General Counsel (fax: (000) 000-0000; telephone: (000) 000-0000)and Chief Financial Officer; if to any Initial Lender, at its Domestic Lending Office specified in opposite its Administrative Questionnairename on Schedule I hereto; if to any other Lender, at its Domestic Lending Office specified in the Assignment and Assumption Acceptance pursuant to which it became a Lender; if to the Administrative Agent or the Collateral Agent, at its address at 000 Xxxxx Fargo BankXxxxxxx Xxxxxx, National Association, 0000 X XX Xxxxxx BlvdXxxxxxxxx Plaza 8th Floor, Charlotte, NC 28262, Mail Code: D1109-019North Carolina 28288, Attention: Syndication Agency Services (faxand 000 Xxxxx Xxxxxxx Xxxxxx, XX0000, Xxxxxxxxx, Xxxxx Xxxxxxxx 00000, Attention: 000-000-0000; telephone: 000-000-0000; email: xxxxxxxxxxxxxx.xxxxxxxx@xxxxxxxxxx.xxx)Xxxx Xxxxxx; or, as to the Borrower or the Administrative Agentany party, at such other address as shall be designated by such party in a written notice to the other parties and, as to each other party, at such other address as shall be designated by such party in a written notice to the Borrower and the Administrative Agentparties. All such notices and other communications shall shall, when mailed, faxed or e-mailed, be effective when delivered deposited in the mails, transmitted by fax or received at the appropriate address or number to the attention of the appropriate individual or departmente-mail, except that notices and communications to the Administrative any Agent pursuant to Article II, III or VII shall not be effective until received by the Administrative such Agent. Delivery by fax or electronic transmission of an executed counterpart of a signature page to any amendment or waiver of any provision of this Agreement or the Notes or of any Exhibit hereto to be executed and delivered hereunder shall be effective as delivery of a manually an original executed counterpart thereof. Electronic mail and Internet and intranet websites may be used by the Administrative Agent and/or the Agents to distribute communications, such as financial statements and other information as provided in Section 5.03, and to distribute Loan Documents for execution by the parties thereto, and the Administrative Agent and the Agents shall not be responsible for any losses, costs, expenses and liabilities that may arise by reason of the use thereof, except for their own gross negligence or willful misconduct. The Administrative Agent and the Lenders shall be entitled to rely and act upon any notices (including telephonic notices) purportedly given by or on behalf of the Borrower even if (a) such notices were not made in a manner specified herein, were incomplete or were not preceded or followed by any form of notice specified herein, or (b) the terms thereof, as understood by the recipient, varied from any confirmation thereof. The Borrower shall indemnify each Agent and each Lender from all losses, costs, expenses and liabilities resulting from the reliance by such Person on each notice purportedly given by or on behalf of the Borrower in accordance with this Agreement, other than, with respect to any Agent or Lender, the losses, costs, expenses and liabilities that result from the gross negligence or willful misconduct of such Agent or Lender. All telephonic notices to and other communications with the Administrative Agent may be recorded by the Administrative Agent, and each of the parties hereto hereby consents to such recording.

Appears in 1 contract

Samples: Second Lien Credit Agreement (Landrys Restaurants Inc)

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