Notices, Etc. All notices and other communications provided for hereunder shall be in writing (including telecopier, telegraphic or telex communication) and mailed, telecopied, telegraphed, telexed or delivered, if to the Borrower, at its address at 0000 0xx Xxxxxx, Xxxxxxx, XX 00000, Attention: Treasurer; if to any Initial Lender, at its Domestic Lending Office specified opposite its name on Schedule I hereto; if to any other Lender, at its Domestic Lending Office specified in the Assignment and Acceptance pursuant to which it became a Lender; and if to the Agent, at its address at Xxx Xxxx Xxx Xxxxx, Xxxxxxx Xxxxxxxx, 00000, Attention: Xxxx Xxxxxx; or, as to the Borrower or the 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 Agent. All such notices and communications shall, when mailed, telecopied, telegraphed or telexed, be effective when deposited in the mails, telecopied, delivered to the telegraph company or confirmed by telex answerback, respectively, except that notices and communications to the Agent pursuant to Article II, III or VII shall not be effective until received by the Agent. Delivery by 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 4 contracts
Samples: Credit Agreement (Michigan Consolidated Gas Co /Mi/), Credit Agreement (Michigan Consolidated Gas Co /Mi/), Credit Agreement (Michigan Consolidated Gas Co /Mi/)
Notices, Etc. All notices and other communications provided for hereunder shall be in writing (including telecopier, telegraphic or telex communication) and mailed, telecopied, telegraphed, telexed or delivered, if to the Borrower, at its address at 0000 0xx 000 Xxxxx Xxxxx, Xx. Xxxxxx, Missouri 63376, Attention: Treasurer (telecopier number (000) 000-0000); if to the Initial Lender or the Agent, at Xxxxxxxxxxxxxx 0, X-00000 Xxxxxxxxxx, Xxxxxxx, Attention: Corporate Finance (telecopier number 49 211 4579 354), with a copy to E.ON North America, Inc., 000 Xxxxxxxxx Xxxxxx Xxx Xxxx, XX 00000, Attention: Treasurer; if to any Initial Lender, at its Domestic Lending Office specified opposite its name on Schedule I heretoPresident (telecopier number (000) 000-0000); if to any other LenderLender or any Bank, at its Domestic Lending Office specified in the Assignment and Acceptance pursuant to which it became a Lender; and if to the Agent, at its address at Xxx Xxxx Xxx Xxxxx, Xxxxxxx Xxxxxxxx, 00000, Attention: Xxxx Xxxxxx; or, as to the Borrower or the 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 Agentparties. All such notices and communications shall, when mailed, telecopied, telegraphed or telexed, be effective when deposited in received by the mails, telecopied, delivered party to the telegraph company or confirmed by telex answerback, respectivelywhom such notice is addressed, except that notices and communications to the Agent pursuant to Article II, III or VII Section 2.06 shall not be effective until received confirmed in writing by the Agentparty to whom such notice is addressed. Delivery by telecopier of an executed counterpart of any amendment or waiver of any provision of this Agreement or the Notes 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 3 contracts
Samples: Credit Agreement (Memc Electronic Materials Inc), Credit Agreement (Memc Electronic Materials Inc), Credit Agreement (Memc Electronic Materials Inc)
Notices, Etc. All notices and other communications ------------ provided for hereunder shall be in writing (including telecopier, telegraphic telegraphic, telex or telex cable communication) and mailed, telecopied, telegraphed, telexed telexed, cabled or delivered, if to the Borrower, at its address at 0000 0xx XxxxxxFive Xxxxxx Xxxxxxxx Xxxxx, XxxxxxxXxxx Xxxxxxxx, XX Xxx Xxxxxx 00000, Attention: Treasurer; if to any Initial LenderBank, at its Domestic Lending Office specified opposite its name on Schedule I hereto; if to any other Lender, at its Domestic Lending Office specified in the Assignment and Acceptance pursuant to which it became a Lender; and if to the Administrative Agent, at its address at 000 Xxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx Xxx Xxxxx, Xxxxxxx Xxxxxxxx, 00000, Attention: Xxxx XxxxxxChemicals Department, North American Global Finance Group; 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, when mailed, telecopied, telegraphed telegraphed, telexed or telexedcabled, be effective when deposited in the mails, telecopied, delivered to the telegraph company or company, confirmed by telex answerbackanswerback 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. Delivery by 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 3 contracts
Samples: Credit Agreement (Cytec Industries Inc/De/), Credit Agreement (Cytec Industries Inc/De/), 364 Day Credit Agreement (Cytec Industries Inc/De/)
Notices, Etc. All notices and other communications provided for hereunder shall be in writing (including telecopiertelegraphic, telegraphic telecopier or telex communication) and mailed, telegraphed, telecopied, telegraphed, telexed or delivereddelivered to, if in the case of the Borrower or the Collateral Agent, addressed to it at its address specified in the Credit Agreement and, in the case of each Grantor other than the Borrower, addressed to it at its address at 0000 0xx Xxxxxx, Xxxxxxx, XX 00000, Attention: Treasurer; if to any Initial Lender, at its Domestic Lending Office specified set forth opposite its such Grantor's name on Schedule I hereto; if the signature pages hereto or on the signature page to any other Lender, at its Domestic Lending Office specified in the Assignment and Acceptance Security Agreement Supplement pursuant to which it became a Lender; and if to the Agent, at its address at Xxx Xxxx Xxx Xxxxx, Xxxxxxx Xxxxxxxx, 00000, Attention: Xxxx Xxxxxxparty hereto; or, as to the Borrower or the 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 Agentparties. All such notices and other communications shall, when mailed, telecopiedtelegraphed, telegraphed telecopied or telexed, be effective when deposited in the mails, telecopied, delivered to the telegraph company company, telecopied or confirmed by telex answerback, respectively, addressed as aforesaid; except that notices and other communications to the Collateral Agent pursuant to Article II, III or VII shall not be effective until received by the Collateral Agent. Delivery by telecopier of an executed counterpart of any amendment or waiver of any provision of this Agreement or the Notes or of any Exhibit Security Agreement Supplement or Schedule hereto to be executed and delivered hereunder shall be effective as delivery of a manually an original executed counterpart thereof.
Appears in 3 contracts
Samples: Non Shared Collateral Security Agreement (Pacificare Health Systems Inc /De/), Credit Agreement (Med E America Corp), Credit Agreement (Pacificare Health Systems Inc /De/)
Notices, Etc. (a) All notices and other communications provided for hereunder shall be either (a) in writing (including telecopier, telecopier or telegraphic or telex communication) and mailed, telecopied, telegraphed, telexed telegraphed 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 the any Borrower, at its the address of the Company at 0000 0xx Xxxxxx00000 Xxxxxxxx Xxxx., XxxxxxxXxxxxxxxx, XX Xxxx 00000-0000, Attention: TreasurerTreasurer (with a copy to the Company’s legal division at the same address); if to any Initial Lender, at its Domestic Lending Office specified opposite its name on Schedule I hereto; if to any other Lender, at its Domestic Lending Office specified in the Assignment and Acceptance pursuant to which it became a Lender; and if to the Agent, at its address at Xxx Xxxx Xxxxx Xxx, Xxx XxxxxXxxxxx, Xxxxxxx Xxxxxxxx, Xxxxxxxx 00000, Attention: Xxxx XxxxxxBank Loan Syndications Department; or, as to the any Borrower or the 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 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, when mailed, telecopied, telegraphed or telexede-mailed, be effective when deposited in the mails, telecopied, delivered to the telegraph company or confirmed by telex answerbacke-mail, respectively, except that notices and communications to the Agent pursuant to Article II, III or VII VIII shall not be effective until received by the Agent. Delivery by 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.
(b) Notwithstanding anything to the contrary contained in this Agreement or any Note, (i) any notice to the Borrowers or to any one of them required under this Agreement or any such Note that is delivered to the Company shall constitute effective notice to the Borrowers or to any such Borrower, including the Company and (ii) any Notice of Borrowing or any notice of Conversion delivered pursuant to Section 2.09 may be delivered by any Borrower or by the Company, on behalf of any other Borrower. Each Designated Subsidiary hereby irrevocably appoints the Company as its authorized agent to receive and deliver notices in accordance with this Section 9.02, and hereby irrevocably agrees that (A) in the case of clause (i) of the immediately preceding sentence, the failure of the Company to give any notice referred to therein to any such Designated Subsidiary to which such notice applies shall not impair or affect the validity of such notice with respect thereto and (B) in the case of clause (ii) of the immediately preceding sentence, the delivery of any such notice by the Company, on behalf of any other Borrower, shall be binding on such other Borrower to the same extent as if such notice had been executed and delivered directly by such Borrower.
(c) So long as Citibank or any of its Affiliates is the Agent, materials required to be delivered pursuant to Section 5.01(h)(i), (ii) and (iv) shall be delivered to the Agent in an electronic medium in a format reasonably acceptable to the Agent and the Lenders by e-mail at xxxxxxxxxxxxxxx@xxxxxxxxx.xxx. The Company agrees that the Agent may make such materials, as well as any other written information, documents, instruments and other material relating to the Company, any of its Subsidiaries or any other materials or matters relating to this Agreement, the Notes or any of the transactions contemplated hereby (collectively, the “Communications”) available to the Lenders by posting such notices on Intralinks or a substantially similar electronic system (the “Platform”). The Company acknowledges that (i) the distribution of material through an electronic medium is not necessarily secure and that there are confidentiality and other risks associated with such distribution, (ii) the Platform is provided “as is” and “as available” and (iii) neither the Agent nor any of its Affiliates warrants the accuracy, adequacy or completeness of the Communications or the Platform and each expressly disclaims liability for errors or omissions in the Communications or the Platform. 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 or any of its Affiliates in connection with the Platform.
(d) Each Lender agrees that notice to it (as provided in the next sentence) (a “Notice”) specifying that any Communications have been posted to the Platform shall constitute effective delivery of such information, documents or other materials to such Lender for purposes of this Agreement; provided that if requested by any Lender the Agent shall deliver a copy of the Communications to such Lender by email or telecopier. Each Lender agrees (i) to notify the Agent in writing of such Lender’s e-mail address to which a Notice may be sent by electronic transmission (including by electronic communication) on or before the date such Lender becomes a party to this Agreement (and from time to time thereafter to ensure that the Agent has on record an effective e-mail address for such Lender) and (ii) that any Notice may be sent to such e-mail address.
Appears in 3 contracts
Samples: Credit Agreement (Lubrizol Corp), Credit Agreement (Lubrizol Corp), Credit Agreement (Lubrizol Corp)
Notices, Etc. All notices and other communications provided for hereunder and under the other Loan Documents shall be in writing (including telecopier, telegraphic telegraphic, telex or telex cable communication) and mailed, telecopied, telegraphed, telexed telexed, cabled or delivered, if to the Borrower, at its address at 0000 0xx XxxxxxXxxxx Xxxxxxxx Xxxx, Xxxxxxx, XX Xxxxxxxxx 00000-0000 Attn: Treasurer, or X.X. Xxx 00000, AttentionXxxxxxx, Xxxxxxxxx 00000-0000 Attn: Treasurer; if to any Initial LenderBank, at its Domestic Lending Office specified opposite its name on Schedule I hereto; if to any other Lender, at its Domestic Lending Office specified in the Lender Assignment and Acceptance pursuant to which it became a Lender; and if to the Agent, at its address at Xxx 0 Xxxx Xxx Xxxxx, Xxxxxxx XxxxxxxxXxxxxxx, Xxxxxxxx 00000, Attention: Xxxx XxxxxxXxxxxx X. Xxxxx; or, as to the Borrower or the 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 Agentparties. All such notices and communications shall, when mailed, telecopied, telegraphed telegraphed, telexed or telexedcabled, be effective when five days after being deposited in the mails, telecopied, or when delivered to the telegraph company or company, telecopied, confirmed by telex answerbackanswerback or delivered to the cable company, respectively, except that notices and communications to the Agent pursuant to Article II, III II or VII shall not be effective until received by the Agent. Delivery by 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 3 contracts
Samples: Credit Agreement (Alliant Energy Corp), Credit Agreement (Alliant Energy Corp), Credit Agreement (Alliant Energy Corp)
Notices, Etc. All notices and other communications provided for hereunder in this Agreement and each other Credit Document shall be in writing (including telecopier, telegraphic telecopy or telex email communication) and mailed, telecopied, telegraphed, telexed telecopied or emailed or delivered, if to the Borrower, at its address at 0000 0xx Xxxxxx, Xxxxxxx, XX 00000, Attention: Treasurerany Bank as specified on Schedule I hereto or specified pursuant to an Assignment; if to any Initial Lenderthe Borrower or the Guarantor, at its Domestic Lending Office as specified opposite its name on Schedule I II hereto; if to any other Lender, at its Domestic Lending Office specified in the Assignment and Acceptance pursuant to which it became a Lender; and if to the Agent, at its address at Xxx Xxxx Xxx Xxxxx, Xxxxxxx Xxxxxxxx, 00000, Attention: Xxxx Xxxxxx; or, as to the Borrower Borrower, the Guarantor or the Administrative Agent, at such other address as shall be designated by such party in a prior written notice to the other parties (provided that such address of each of Borrower, Guarantor and the Administrative Agent for notice purposes shall be an address in the United States) and, as to each other party, at such other address as shall be designated by such party in a prior written notice to the Borrower Borrower, the Guarantor and the Administrative Agent. All such notices and communications shall, when mailed, telecopied, telegraphed telecopied or telexedemailed, be effective when deposited in the mails, telecopied, delivered sent by telecopier to any party to the telegraph company telecopier number as set forth herein or confirmed on Schedule I or Schedule II hereto (or other telecopy number specified by telex answerbacksuch party in a written notice to the other parties hereto), or sent by email to the addresses set forth herein or on Schedule I or Schedule II hereto, 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 Agent. Delivery Administrative Agent by telecopier of an executed counterpart of any amendment physical delivery 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 thereoftelecopy.
Appears in 3 contracts
Samples: Credit Agreement (Brinker International Inc), Credit Agreement (Brinker International Inc), Credit Agreement (Brinker International Inc)
Notices, Etc. All notices and other communications provided for hereunder shall be in writing (including telecopier, telegraphic or telex communication) and mailed, telecopied, telegraphed, telexed or delivered, if to the Borrower, at its address at 0000 0xx Xxxxxx, Xxxxxxx, XX 00000, Attention: Treasurer; if to any Initial Lender, at its Domestic Lending Office specified opposite its name on Schedule I hereto; if to any other Lender, at its Domestic Lending Office specified in the Assignment and Acceptance pursuant to which it became a Lender; and if to the Agent, at its address at Xxx Xxxx Xxxxx Xxx, Xxxxx 000, Xxx XxxxxXxxxxx, Xxxxxxx Xxxxxxxx 00000 Attention: Xxxxxxxxx Xxxxxxxx, with a copy to J. Xxxxxxxx XxXxx, 000 Xxxxxxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000, Attention: Xxxx Xxxxxx; or, as to the Borrower or the 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 Agent. All such notices and communications shall, when mailed, telecopied, telegraphed or telexed, be effective when deposited in the mails, telecopied, delivered to the telegraph company or confirmed by telex answerback, respectively, except that notices and communications to the Agent pursuant to Article II, III or VII shall not be effective until received by the Agent. Delivery by 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 3 contracts
Samples: Credit Agreement (Dte Energy Co), Credit Agreement (Dte Energy Co), Credit Agreement (Dte Energy Co)
Notices, Etc. All notices and other communications provided for hereunder shall be in writing (including telecopier, telegraphic telegraphic, telex or telex cable communication) and mailed, telecopied, telegraphed, telexed telexed, cabled or delivered, if to the any Borrower, at its address at 0000 0xx Xxxxxx10 X. Xxxxxxxx, Xxxxxxx37th Floor, XX 00000Chicago, IL 60603, Attention: TreasurerJ. Bxxxx Xxxxxxxx, Telecopy: (000) 000-0000; if to any Initial Lender, at its Domestic Lending Office specified opposite in its name on Schedule I hereto; if to any other Lender, at its Domestic Lending Office specified Administrative Questionnaire or in the Assignment and Acceptance pursuant to which it became a Lender; and if to the Administrative Agent, at its address at Xxx Xxxx Xxx 1 Bank Oxx Xxxxx, Xxxxxxx XxxxxxxxXxxx Xxxxx XX0-0000, Xxxxxxx, Xxxxxxxx 00000, Attention: Xxxx Mx. Xxx Xxxxxx; , Telecopy: (000) 000-0000 or, as to the Borrower or the 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 Agentparties. All such notices and communications shall, when mailed, telecopied, telegraphed telegraphed, telexed or telexedcabled, be effective when deposited in the mails, telecopied, delivered to the telegraph company or company, confirmed by telex answerbackanswerback or delivered to the cable 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 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 3 contracts
Samples: 364 Day Credit Agreement (Exelon Corp), Credit Agreement (Exelon Corp), Credit Agreement (Exelon Corp)
Notices, Etc. All notices and other communications provided for hereunder shall be in writing (including telecopier, telegraphic or telex communication) and mailed, telecopied, telegraphed, telexed or delivered, if to the Borrower, at its address at CONSOL Plaza, 0000 0xx XxxxxxXxxxxxxxxx Xxxx, XxxxxxxXxxxxxxxxx, XX Xxxxxxxxxxxx 00000-0000, Attention: TreasurerTreasury (Fax. No. 000 000-0000; if to any Initial Lender, at its Domestic Lending Office specified opposite its name on Schedule I hereto; if to any other Lender, at its Domestic Lending Office specified in the Assumption Agreement or the Assignment and Acceptance pursuant to which it became a Lender; and if to the Agent, at its address at Xxx Xxxx Xxxxx Xxx, Xxx XxxxxXxxxxx, Xxxxxxx Xxxxxxxx, Xxxxxxxx 00000, Attention: Xxxx XxxxxxBank Loan Syndications Department; or, as to the Borrower or the 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 Agent. All such notices and communications shall, when mailed, telecopied, telegraphed or telexed, be effective when deposited in the mails, telecopied, delivered to the telegraph company or confirmed by telex answerback, respectively, except that notices and communications to the Agent pursuant to Article II, III or VII shall not be effective until received by the Agent. Delivery by 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: 364 Day Credit Agreement (Consol Energy Inc), Credit Agreement (Consol Energy Inc)
Notices, Etc. All notices and other communications provided for hereunder shall be in writing (including telecopier, telegraphic telegraphic, telex or telex cable communication) and mailed, telecopied, telegraphed, telexed telexed, cabled or delivered, ,
(i) if to the BorrowerCompany, at its address at 0000 0xx XxxxxxEcolab Center, XxxxxxxXx. Xxxx, XX 00000Minnesota 55102, Attention: Treasurer; , Telecopier No. 000-000-0000, with a copy to the Company at the same address, Attention: General Counsel;
(ii) if to any Initial LenderBank, at its Domestic Lending Office specified opposite its name on Schedule I hereto; if to any other Lender, at its Domestic Lending Office hereto or specified in the Assignment and Acceptance pursuant to which it became a Lenderparty hereto; and and
(iii) if to the Agent, at its address at Bank Loan Syndications, Xxx Xxxx Xxxxx Xxx, Xxxxx 000, Xxx XxxxxXxxxxx, Xxxxxxx Xxxxxxxx, Xxxxxxxx 00000, Attention: Xxxx XxxxxxXxxxxxxxx, Telecopier No. 000-000-0000, with a copy to Citicorp Securities, Inc., 000 Xxxxx Xxxxxx Xxxxx, Chicago, Illinois 60606, Attention: Xxxxxx Xxxx, Telecopier No. 000-000-0000; or, as to the Borrower Company, the Agent or the Agentany Bank, 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 Agent. All such notices and communications shall, when mailed, telecopied, telegraphed telegraphed, telexed or telexedcabled, be effective when deposited in the mails, telecopied, delivered to the telegraph company or company, confirmed by telex answerbackanswerback or delivered to the cable company, respectively, except that notices and communications to the Agent pursuant to Article II, III II or VII shall not be effective until received by the Agent. Delivery by 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 (Ecolab Inc), Credit Agreement (Ecolab Inc)
Notices, Etc. All notices and other communications provided for hereunder shall be in writing (including telecopiertelegraphic, telegraphic telecopier or telex communication) and mailed, telegraphed, telecopied, telegraphed, telexed or delivereddelivered to, if in the case of the Borrower or the Collateral Agent, addressed to it at its address specified in the Credit Agreement and, in the case of each Grantor other than the Borrower, addressed to it at its address at 0000 0xx Xxxxxx, Xxxxxxx, XX 00000, Attention: Treasurer; if to any Initial Lender, at its Domestic Lending Office specified set forth opposite its such Grantor's name on Schedule I hereto; if the signature pages hereto or on the signature page to any other Lender, at its Domestic Lending Office specified in the Assignment and Acceptance Security Agreement Supplement pursuant to which it became a Lender; and if to the Agent, at its address at Xxx Xxxx Xxx Xxxxx, Xxxxxxx Xxxxxxxx, 00000, Attention: Xxxx Xxxxxxparty hereto; or, as to the Borrower or the 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 Agentparties. All such notices and other communications shall, when mailed, telecopiedtelegraphed, telegraphed telecopied or telexed, be effective when deposited in the mails, telecopiedmail, delivered to the telegraph company company, telecopied or confirmed by telex answerback, respectively, addressed as aforesaid; except that notices and other communications to the Collateral Agent pursuant to Article II, III or VII shall not be effective until received by the Collateral Agent. Delivery by telecopier of an executed counterpart of any amendment or waiver of any provision of this Agreement or the Notes or of any Exhibit Security Agreement Supplement or Schedule 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: Security Agreement (Itc Deltacom Inc), Security Agreement (Itc Deltacom Inc)
Notices, Etc. All notices and other communications provided for hereunder shall be in writing (including telecopier, telegraphic or telex communication) and mailed, telecopied, telegraphed, telexed or delivered, if to the Borrower, at its address at 0000 0xx XxxxxxXxx Xxxxxx & Xxxx Xxxxx, XxxxxxxXxxxxxxxx, XX Xxx Xxxx 00000, Attention: Treasurer; if to any Initial Lender, at its Domestic Lending Office specified opposite its name on Schedule I hereto; if to any other Lender, at its Domestic Lending Office specified in the Assignment and Acceptance pursuant to which it became a Lender; and if to the Agent, at its address at Xxx Xxxx Xxxxx Xxx, Xxx XxxxxXxxxxx, Xxxxxxx Xxxxxxxx, Xxxxxxxx 00000, Attention: Xxxx XxxxxxBank Loan Syndications Department; or, as to the Borrower or the 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 Agent. All such notices and communications shall, when mailed, telecopied, telegraphed or telexed, be effective when deposited in the mails, telecopied, delivered to the telegraph company or confirmed by telex answerback, respectively, except that notices and communications to the Agent pursuant to Article II, III or VII shall not be effective until received by the Agent. Delivery by 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 (Bausch & Lomb Inc), Credit Agreement (Bausch & Lomb Inc)
Notices, Etc. All notices and other communications provided for hereunder shall be in writing (including telecopier, telegraphic or telex telecopier communication) and mailed, telecopied, telegraphed, telexed or delivered, if to the Borrower, at its address at 0000 0xx XxxxxxXxxxxxxxx Xxxxxx Xxxx, Xxxxxxx, XX Xxxxxxx 00000-0000, Attention: Treasurer, with a copy to Manager, Loan Administration, facsimile: 000-000-0000; if to any an Initial Lender, at its Domestic Lending Office specified opposite its name on Schedule I hereto; if to any other Lender, at its Domestic Lending Office specified in the Assignment and Acceptance pursuant to which it became a Lender; and if to the Agent, at its address at 00 Xxxxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx Xxx Xxxxx, Xxxxxxx Xxxxxxxx, 00000, Attention: Xxxx XxxxxxXxxxx Xxxxxxxxx, telephone: 000-000-0000, facsimile: 000-000-0000; or, as to the Borrower or the 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 Agent. All such notices and communications shall, when mailed, mailed or telecopied, telegraphed or telexed, be effective when deposited in the mails, mails or telecopied, delivered to the telegraph company or confirmed by telex answerback, respectively, except that notices and communications to the Agent pursuant to Article II, III or VII shall not be effective until received by the Agent. Delivery by telecopier of an executed counterpart hereof or 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: 364 Day Credit Agreement (Mirant Corp), Credit Agreement (Mirant Corp)
Notices, Etc. All notices and other communications ------------ provided for hereunder shall be in writing (including telecopier, telegraphic or telex communication) and mailed, telecopied, telegraphed, telexed or delivered, if to the Borrower, at its address at 0000 0xx Xxxxxxx Xxxxxx, XxxxxxxXxxx Xxxx, XX 00000, Xxxxxxxxxx 00000 Attention: Treasurer; if to any Initial Lender, at its Domestic Lending Office specified opposite its name on Schedule I hereto; if to any other Lender, at its Domestic Lending Office specified in the Assumption Agreement or the Assignment and Acceptance pursuant to which it became a Lender; and if to the Agent, at its address at Xxx Xxxx Xxxxx Xxx, Xxx XxxxxXxxxxx, Xxxxxxx Xxxxxxxx, Xxxxxxxx 00000, Attention: Xxxx XxxxxxBank Loan Syndications Department; or, as to the Borrower or the 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 Agent. All such notices and communications shall, when mailed, telecopied, telegraphed or telexed, be effective when deposited in the mails, telecopied, delivered to the telegraph company or confirmed by telex answerback, respectively, except that notices and communications to the Agent pursuant to Article II, III or VII shall not be effective until received by the Agent. Delivery by 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 (Agilent Technologies Inc), Credit Agreement (Agilent Technologies Inc)
Notices, Etc. All notices and other communications provided for hereunder shall be in writing writing, or by any telecommunications device capable of creating a written record (including telecopier, telegraphic or telex communicationelectronic mail) and mailed, telecopied, telegraphed, telexed or deliveredaddressed, if to the Borrower, at its address at 0000 0xx Xxxxxx00000 Xxxxxxx Xxxxxxxxx, XxxxxxxXxxxxxxxx, XX 00000Xxxxxxxx, 00000 Attention: TreasurerTreasury Group; if to any Initial the initial Lender, at its Domestic Lending Office specified opposite its name on Schedule I hereto00000 Xxxxxxx Xxxxxxxxx, Xxxxxxxxx, Xxxxxxxx, 00000 Attention: Treasury Group; if to any other Lender, at its Domestic Lending Office the address specified in the Assignment and Acceptance pursuant to which it became a Lender; and if to the Agent, at its address at Xxx Xxxx Xxx Xxxxx, Xxxxxxx Xxxxxxxx, 00000, Attention: Xxxx Xxxxxx; or, as to the Borrower or the AgentLender, 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 Agent. All such notices and communications shall, when mailed, telecopied, telegraphed or telexed, shall be effective (i) if delivered by hand, including any overnight courier service, upon personal delivery, (ii) if delivered by mail, when deposited in the mails, telecopiedand (iii) if delivered by electronic mail or any other telecommunications device, delivered when transmitted to the telegraph company an electronic mail address (or confirmed by telex answerbackanother means of electronic delivery); provided, respectivelyhowever, except that notices and communications to the Agent Lender pursuant to Article II, II or III or VII shall not be effective until received by the AgentLender. Delivery by telecopier of an executed counterpart of any amendment Any notice or waiver of any provision of this Agreement communication to the Borrower or the Notes or of any Exhibit hereto Lender will also be provided to be executed and delivered hereunder shall be effective DTV at its address specified in the Merger Agreement for so long as delivery of a manually executed counterpart thereofthe Merger Agreement is in effect.
Appears in 2 contracts
Samples: Revolving Credit Agreement (Liberty Entertainment, Inc.), Revolving Credit Agreement (Liberty Entertainment, Inc.)
Notices, Etc. All notices and other communications provided for hereunder shall be either (i) in writing (including telecopiertelegraphic, telegraphic telecopier or telex communication) and mailed, telecopiedtelegraphed, telegraphedfaxed, telexed or deliveredotherwise delivered or (ii) by electronic mail (if electronic mail addresses are designated as provided below) confirmed immediately in writing, if in the case of the Borrower or the Collateral Agent, addressed to it at its address specified in the Credit Agreement and, in the case of each Grantor other than the Borrower, addressed to it at its address at 0000 0xx Xxxxxx, Xxxxxxx, XX 00000, Attention: Treasurer; if to any Initial Lender, at its Domestic Lending Office specified set forth opposite its such Grantor’s name on Schedule I hereto; if the signature pages hereto or on the signature page to any other Lender, at its Domestic Lending Office specified in the Assignment and Acceptance Security Agreement Supplement pursuant to which it became a Lender; and if to the Agent, at its address at Xxx Xxxx Xxx Xxxxx, Xxxxxxx Xxxxxxxx, 00000, Attention: Xxxx Xxxxxxparty hereto; or, as to the Borrower or the 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 Agentparties. All such notices and other communications shall, when mailed, telecopiedtelegraphed, telegraphed faxed, telexed, sent by electronic mail or telexedotherwise, be effective when deposited in the mails, telecopied, delivered to the telegraph company or company, telecopied, confirmed by telex answerback, sent by electronic mail and confirmed in writing, or otherwise delivered (or confirmed by a signed receipt), respectively, addressed as aforesaid; except that notices and other communications to the Collateral Agent pursuant to Article II, III or VII shall not be effective until received by the Collateral Agent. Delivery by telecopier facsimile of an executed counterpart of any amendment or waiver of any provision of this Agreement or the Notes or of any Exhibit Security Agreement Supplement or Schedule 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: Security Agreement (Kansas City Southern), Security Agreement (Kansas City Southern)
Notices, Etc. All notices and other communications ------------ provided for hereunder shall be in writing (including telecopier, telegraphic or telex communication) and mailed, telecopied, telegraphed, telexed or delivered, if to the BorrowerPharmacia, at its address at 0000 0xx Xxxxxx000 Xxxxx 000 Xxxxx, Xxxxxxx, XX Xxx Xxxxxx, 00000, Attention: Xxxxxxxxx Xxx Xxxxx, Treasurer; if to Monsanto, at its address at 000 X. Xxxxxxxxx Boulevard, St Louis, Missouri 63167, Attention: Chief Financial Officer, with an information copy to the Secretary at the same address, if to any Initial Lender, at its Domestic Lending Office specified opposite its name on Schedule I hereto; if to any other Lender, at its Domestic Lending Office specified in the Assignment and Acceptance pursuant to which it became a Lender; and if to the Agent, at its address at Xxx Xxxx Xxxxx Xxx, Xxx XxxxxXxxxxx, Xxxxxxx Xxxxxxxx, Xxxxxxxx 00000, Attention: Xxxx XxxxxxBank Loan Syndications Department; or, as to the Borrower Borrowers or the 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 Agent. All such notices and communications shall, when mailed, telecopied, telegraphed or telexed, be effective when deposited in the mails, telecopied, delivered to the telegraph company or confirmed by telex answerback, respectively, except that notices and communications to the Agent pursuant to Article II, III or VII shall not be effective until received by the Agentupon receipt. Delivery by 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: 364 Day Credit Agreement (Monsanto Co /New/), Credit Agreement (Monsanto Co /New/)
Notices, Etc. All notices and other communications provided for hereunder shall be in writing (including telecopier, telegraphic telegraphic, telex or telex cable communication) and mailed, telecopied, telegraphed, telexed telexed, cabled or delivered, if to the any Borrower, at its address at 0000 0xx Xxxxxx00 X. Xxxxxxxx, Xxxxxxx37th Floor, XX 00000Chicago, IL 60603, Attention: TreasurerJ. Xxxxx Xxxxxxxx, Telecopy: (000) 000-0000; if to any Initial Lender, at its Domestic Lending Office specified opposite in its name on Schedule I hereto; if to any other Lender, at its Domestic Lending Office specified Administrative Questionnaire or in the Assignment and Acceptance pursuant to which it became a Lender; and if to the Administrative Agent, at its address at Xxx 0 Xxxx Xxx Xxxxx, Xxxxxxx XxxxxxxxXxxx Xxxxx XX0-0000, Xxxxxxx, Xxxxxxxx 00000, Attention: Xxxx Xx. Xxx Xxxxxx; , Telecopy: (000) 000-0000 with a copy to JPMorgan Chase Bank, 0000 Xxxxxx, 10th Floor, Houston, TX 77002, Attn: Xxxxx Xxxxxx, Telecopy: (000) 000-0000 or, as to the Borrower or the 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 Agentparties. All such notices and communications shall, when mailed, telecopied, telegraphed telegraphed, telexed or telexedcabled, be effective when deposited in the mails, telecopied, delivered to the telegraph company or company, confirmed by telex answerbackanswerback or delivered to the cable 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 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, Credit Agreement
Notices, Etc. All notices notices, directions, requests and other communications provided for hereunder shall be in writing (including telecopier, telegraphic telegraphic, telex or telex e-mail communication) and mailed, telecopied, telegraphed, telexed telexed, delivered or deliverede-mailed, if to the Borrower, at its address at 0000 0xx c/o On Deck Capital, Inc., 000 Xxxx 00xx Xxxxxx, Xxxxxxx0xx Xxxxx, Xxx Xxxx, XX 00000, Attention: TreasurerXxxx Xxxxxxx (e-mail: xxxxxxxx@xxxxxxxxxxxxx.xxx); if to any Initial Lender, at the address set forth in its Domestic Lending Office specified opposite its name on Schedule I hereto; if to any other Lender, at its Domestic Lending Office specified in the Assignment and Acceptance pursuant to which it became a LenderCommitment Form; and if to the Collateral Agent, at its address at Xxxxx Xxxx, Alternative and Structured Finance Services, Trust & Securities Services, Deutsche Bank Trust Company Americas, 00 Xxxx Xxxxxx, 00xx Xxxxx – MS NYC 602606, Xxx Xxxx, Xxx Xxxx Xxx Xxxxx, Xxxxxxx Xxxxxxxx, 00000, Attention: Xxxx Xxxxxx; or, as to the Borrower or the Collateral 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 Collateral Agent. All such notices and communications shall, when mailed, telecopied, telegraphed telegraphed, telexed or telexede-mailed, be effective when deposited in the mails, telecopied, delivered to the telegraph company or company, confirmed by telex answerback, respectively, except that notices and communications to the Agent pursuant to Article II, III answerback or VII shall not be effective until sent by e-mail (provided no notice is received by the Agente-mail sender within one (1) hour thereafter indicating that such e-mail was undeliverable or otherwise not delivered), as applicable. Delivery by 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: Loan and Security Agreement (On Deck Capital Inc), Loan and Security Agreement (On Deck Capital Inc)
Notices, Etc. All notices and other communications provided for hereunder shall be in writing (including telecopier, telegraphic or telex communication) and mailed, telecopied, telegraphed, telexed or delivered, if to the Borrower, at its address at 0000 0xx 200 Xxxxxx Xxxxxx, Xxxxxxx, XX 00000, AttentionXxtention: TreasurerChrixxxxxxx X. Xxxxxx; if xx to any Initial Lender, at its Domestic Lending Office specified opposite its name on Schedule I hereto; if to any other Lender, at its Domestic Lending Office specified in the Assignment and Acceptance pursuant to which it became a Lender; and if to the Agent, at its address at Two Xxxxx Xxx, Xxxxx 000, Xxx Xxxxxx, Xxxxxxxx 00000 Xxxention: Chrixxxxx Xxxxxxxx, xxth a copy to J. Nichxxxx XxXxx, 009 Xxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx Xxx Xxxxx, Xxxxxxx Xxxxxxxx, 00000, Attention: Xxxx Xxxxxx; orxx, as to the Borrower or the 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 Agent. All such notices and communications shall, when mailed, telecopied, telegraphed or telexed, be effective when deposited in the mails, telecopied, delivered to the telegraph company or confirmed by telex answerback, respectively, except that notices and communications to the Agent pursuant to Article II, III or VII shall not be effective until received by the Agent. Delivery by 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 (Detroit Edison Co), Credit Agreement (Detroit Edison Co)
Notices, Etc. All notices and other communications ------------ provided for hereunder shall be in writing (including telecopier, telegraphic or telex communication) and mailed, telecopied, telegraphed, telexed or delivered, if to the BorrowerCompany, at its address at 0000 0xx Xxxxxx, Xxxxxxx Xxxxxxx Xxxxxxx, XX Xxxxxxxx, Xxxxxx 00000, Attention: TreasurerTreasurer (Telecopier No.: (000) 000-0000); if to Sprint Capital, at its address at 0000 Xxxxxxx Xxxxxxx Xxxxxxx, Xxxxxxxx, Xxxxxx 00000, Attention: Treasurer (Telecopier No.: (000) 000-0000); if to any Initial Lender, at its Domestic Lending Office specified opposite its name 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 000 Xxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx Xxx Xxxxx, Xxxxxxx Xxxxxxxx, 00000, Attention: Xxxxxx Xxxx Xxxxxx(Telecopier No.: _________); 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 Borrowers and the Administrative Agent. All such notices and communications shall, when mailed, telecopied, telegraphed or telexed, be effective when deposited in the mails, telecopied, delivered to the telegraph company or confirmed 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 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 2 contracts
Samples: Credit Agreement (Sprint Corp), 364 Day Credit Agreement (Sprint Corp)
Notices, Etc. All notices and other communications ------------ provided for hereunder shall be in writing (including telecopier, telegraphic or telex communication) and mailed, telecopied, telegraphed, telexed or delivered, if to the Borrower, at its address at 0000 0xx 000 Xxxx 00xx Xxxxxx, XxxxxxxXxx Xxxx, XX Xxx Xxxx 00000, Attention: Treasurer, with a copy to Corporate Secretary; if to any Initial Lender, at its Domestic Lending Office specified opposite its name on Schedule I hereto; if to any other Lender, at its Domestic Lending Office specified in the Assignment and Acceptance pursuant to which it became a Lender; and if to the Agent, at its address at Xxx Xxxx Xxxxx Xxx, Xxx XxxxxXxxxxx, Xxxxxxx Xxxxxxxx, Xxxxxxxx 00000, Attention: Xxxx XxxxxxBank Loan Syndications Department; or, as to the Borrower or the 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 Agent. All such notices and communications shall, when mailed, telecopied, telegraphed or telexed, be effective when deposited in the mails, telecopied, delivered to the telegraph company or confirmed by telex answerback, respectively, except that notices and communications to the Agent pursuant to Article II, III or VII shall not be effective until received by the Agent. Delivery by 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 (International Flavors & Fragrances Inc), 364 Day Credit Agreement (International Flavors & Fragrances Inc)
Notices, Etc. All notices and other communications provided for hereunder shall be in writing (including telecopier, telegraphic telegraphic, telex or telex cable communication) and mailed, telecopied, telegraphed, telexed telexed, cabled or delivered, if to the Borrower, at its address at 0000 0xx Xxxxxx220 W. Main Street, XxxxxxxLouisville, XX Kenxxxxx 00000, AttentionXxxxxxxxx: Treasurer; if to any Initial LenderXxxxxxxxx, xx xx xxx Bank, at its Domestic Lending Office specified opposite its name on Schedule I hereto; if to any other Lender, at its Domestic Lending Office specified in the Assignment and Acceptance pursuant to which it became a Lender; and if to the Administrative Agent, at its address at Xxx Xxxx Xxx Xxxxx115 South LaSalle Street, Xxxxxxx XxxxxxxxChicago, Ilxxxxxx 00000, AttentionXxxxxxxxx: Xxxx XxxxxxXxxxxxx Xxxxxxxxx; orxx, as xs to the Borrower or the 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 Agentparties. All such notices and communications shall, when mailed, telecopied, telegraphed telegraphed, telexed or telexedcabled, be effective when deposited in the mails, telecopied, delivered to the telegraph company or company, confirmed by telex answerbackanswerback or delivered to the cable 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 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 (Louisville Gas & Electric Co /Ky/), Credit Agreement (Louisville Gas & Electric Co /Ky/)
Notices, Etc. All notices and other communications provided for hereunder shall be in writing (including telecopiertelegraphic, telegraphic telecopy or telex e-mail communication) and mailed, telegraphed, telecopied, telegraphed, telexed or delivered, if to the Borrower, at its address at 0000 0xx 100 Xxxxx Xxxxx Xxxxxx, XxxxxxxXxxxxx, XX Xxxxx Xxxxxxxx 00000, Attention: TreasurerChief Financial Officer (with a copy to the attention of the General Counsel at the same address); if to any the Initial Lender, at its Domestic Lending Office specified opposite its name on Schedule I heretoin Section 1.01; if to any other Lender, at its Domestic Lending Office specified in the Assignment and Acceptance pursuant to which it became a Lender; and if to the Administrative Agent, at its address at 4 World Financial Center, Nxxxx Xxxxx, Xxx Xxxx, Xxx Xxxx Xxx Xxxxx, Xxxxxxx Xxxxxxxx, 00000, Attention: Xxxx XxxxxxCxxxxxxx Xxxxxxxx; or, as to the Borrower or the 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 Agentparties. All such notices and other communications shall, when mailed, telegraphed, telecopied, telegraphed telexed or telexeddelivered, be effective when (i) in the event of mail, three Business Days after such notice or other communication is deposited in the mailsmails and (ii) in the event of telegraph, telecopiedtelecopy or telex, delivered to the telegraph company upon confirmation of transmission or confirmed by telex answerback, respectivelydelivery, except that notices and communications to the any Agent pursuant to Article II, III or VII shall not be effective until received by the such Agent. Delivery by telecopier of an executed counterpart of a signature page to this Agreement or 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 (Madison River Communications Corp.), Credit Agreement (Madison River Communications Corp)
Notices, Etc. All notices and other communications provided for hereunder shall be in writing (including telecopier, telegraphic or telex communication) and mailed, telecopied, telegraphed, telexed or delivered, if to the BorrowerCompany, at its address at 0000 0xx XxxxxxX. Xxxxxxx 365, XxxxxxxPiso 2, XX 00000Of, 310, X0000XXX, Xxxxxx Xxxxx, Xxxxxxxxx, Attention: TreasurerChief Financial Officer; if to any Initial Lender or Subsequent Lender, at its Domestic Lending Office specified opposite its name on Schedule I hereto; if to any other Lender, at its Domestic Lending Office specified in the Assignment and Acceptance pursuant to which it became a Lender; and if to the Administrative Agent, at its address at Xxx Xxxx Xxx Xxxxxxxxxxx 000 (0000), Xxxxxx Xxxxx, Xxxxxxx Xxxxxxxx, 00000Xxxxxxxxx, Attention: Xxxx XxxxxxXxxxxx Aldorino; 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. All such notices and communications shall, when mailed, telecopied, telegraphed or telexed, be effective when deposited in the mails, telecopied, delivered to the telegraph company or confirmed 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 telecopier of an executed counterpart the signature page of any amendment or waiver of any provision of this Agreement or the Floating Rate 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: Loan Agreement (Mastellone Brothers Inc), Loan Agreement (Leitesol Industry & Commerce Inc.)
Notices, Etc. All notices and other communications provided for hereunder shall be in writing (including telecopier, telegraphic or telex telecopier communication) and mailed, telecopied, telegraphed, telexed telecopied or delivered, if to the U.S. Borrower, at its address at 0000 0xx Hexion Specialty Chemicals, Inc., 000 Xxxx Xxxxx Xxxxxx, XxxxxxxXxxxxxxx, XX Xxxx 00000, Attention: Treasurer; if to any Initial Lenderthe Foreign Borrower, at its Domestic Lending Office specified opposite its name on Schedule I heretoXxxxxx Luxembourg S. à x. x. c/o Hexion Specialty Chemicals, Inc., 000 Xxxx Xxxxx Xxxxxx, Xxxxxxxx, Xxxx 00000, Attention: Treasurer; if to the Lenders, c/o Apollo Management, L.P., Xxx Xxxxxxxxxxxxxx Xxxx, Xxxxx 000, Xxxxxxxx, Xxx Xxxx 00000, Attention: General Counsel; if to any other Lender, at its Domestic Lending Office address specified in the Assignment and Acceptance pursuant to which it became a Lender; and if to the Agent, at its address at Xxx Xxxx Xxx Xxxxx, Xxxxxxx Xxxxxxxx, 00000, Attention: Xxxx Xxxxxx; or, as to the Borrower Borrowers or the AgentLender, 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 Agent. All such notices and communications shall, when mailed, telecopied, telegraphed or telexed, shall be effective when deposited in delivered or received at the mails, telecopied, delivered appropriate address or number to the telegraph company attention of the appropriate individual or confirmed by telex answerback, respectivelydepartment, except that notices and communications to the Agent any Lender pursuant to Article II, III II or VII IV shall not be effective until received by the Agentsuch Lender. Delivery by telecopier of an executed counterpart of any amendment or waiver of any provision of this Agreement or the Notes Agreement, any other Loan Document or of any Exhibit 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 (Hexion Specialty Chemicals, Inc.), Credit Agreement (Hexion Specialty Chemicals, Inc.)
Notices, Etc. All notices and other communications provided for hereunder shall be in writing (including telecopier, telegraphic or telex communication) and mailed, telecopied, telegraphed, telexed or delivered, if to the Borrower, at its address at 0000 0xx 000 Xxxx 00xx Xxxxxx, XxxxxxxXxx Xxxx, XX Xxx Xxxx 00000, Attention: Treasurer, with a copy to Corporate Secretary; if to any Initial Lender, at its Domestic Lending Office specified opposite its name on Schedule I hereto; if to any other Lender, at its Domestic Lending Office specified in the Assumption Agreement or the Assignment and Acceptance pursuant to which it became a Lender; and if to the Agent, at its address at Xxx Xxxx Xxxxx Xxx, Xxx XxxxxXxxxxx, Xxxxxxx Xxxxxxxx, Xxxxxxxx 00000, Attention: Xxxx XxxxxxBank Loan Syndications Department; or, as to the Borrower or the 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 Agent. All such notices and communications shall, when mailed, telecopied, telegraphed or telexed, be effective when deposited in the mails, telecopied, delivered to the telegraph company or confirmed by telex answerback, respectively, except that notices and communications to the Agent pursuant to Article II, III or VII shall not be effective until received by the Agent. Delivery by 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 (International Flavors & Fragrances Inc), Credit Agreement (International Flavors & Fragrances Inc)
Notices, Etc. All notices and other communications provided for hereunder shall be either (a) in writing (including telecopiertelegraphic, telegraphic telecopier or telex communication) and mailed, telegraphed, telecopied, telegraphed, telexed or deliveredotherwise delivered or (b) by electronic mail (if electronic mail addresses are designated as provided below) confirmed immediately in writing, if in the case of the Borrower or the Collateral Agent (as provided for the Administrative Agent thereunder), addressed to it at its address specified in the Credit Agreement and, in the case of each Grantor other than the Borrower, addressed to it at its address at 0000 0xx Xxxxxx, Xxxxxxx, XX 00000, Attention: Treasurer; if to any Initial Lender, at its Domestic Lending Office specified set forth opposite its such Grantor’s name on Schedule I hereto; if the signature pages hereto or on the signature page to any other Lender, at its Domestic Lending Office specified in the Assignment and Acceptance Security Agreement Supplement pursuant to which it became a Lender; and if to the Agent, at its address at Xxx Xxxx Xxx Xxxxx, Xxxxxxx Xxxxxxxx, 00000, Attention: Xxxx Xxxxxxparty hereto; or, as to the Borrower or the 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 Agentparties. All such notices and other communications shallshall be deemed to be given or made upon the earlier to occur of (a) actual receipt by the relevant party hereto and (b) (i) if delivered by hand or by courier, when mailedsigned for by or on behalf of the relevant party hereto; (ii) if delivered by mail, telecopied, telegraphed or telexed, be effective when deposited four (4) Business Days after deposit in the mails, telecopiedpostage prepaid; (iii) if delivered by facsimile, when sent and receipt has been confirmed; and (iv) if delivered to the telegraph company or confirmed by telex answerbackelectronic mail, respectively, except that notices and communications to the Agent pursuant to Article II, III or VII shall not be effective until received by the Agentwhen delivered. Delivery by telecopier of “pdf” of an executed counterpart of any amendment or waiver of any provision of this Agreement or the Notes or of any Exhibit Security Agreement Supplement or Schedule 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: First Lien Security Agreement (Universal Hospital Services Inc), First Lien Security Agreement (Universal Hospital Services Inc)
Notices, Etc. All notices and other communications provided for hereunder shall be in writing (including telecopier, telegraphic telegraphic, telex or telex cable communication) and mailed, telecopied, telegraphed, telexed telexed, cabled or delivered, if to the Borrower, at its address at 0000 0xx XxxxxxFive Xxxxxx Xxxxxxxx Xxxxx, XxxxxxxXxxx Xxxxxxxx, XX Xxx Xxxxxx 00000, Attention: Treasurer; if to any Initial LenderBank, at its Domestic Lending Office specified opposite its name on Schedule I hereto; if to any other Lender, at its Domestic Lending Office specified in the Assignment and Acceptance pursuant to which it became a Lender; and if to the Agent, at its address at 000 Xxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx Xxx Xxxxx, Xxxxxxx Xxxxxxxx, 00000, Attention: Xxxx XxxxxxChemicals Department, North American Global Finance Group; or, as to the Borrower or the 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 Agent. All such notices and communications shall, when mailed, telecopied, telegraphed telegraphed, telexed or telexedcabled, be effective when deposited in the mails, telecopied, delivered to the telegraph company or company, confirmed by telex answerbackanswerback or delivered to the cable company, respectively, except that notices and communications to the Agent pursuant to Article II, III or VII shall not be effective until received by the Agent. Delivery by 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 (Cytec Industries Inc/De/), Credit Agreement (Cytec Industries Inc/De/)
Notices, Etc. All notices and other communications provided for hereunder shall be in writing (including telecopier, telegraphic or telex telecopy communication) and mailed, telecopied, telegraphed, telexed telecopied or delivered, if to the Borrower, at its address at 0000 0xx Xxxxxxxx Xxxxxx, XxxxxxxXxx Xxxxxx, XX Xxxx 00000, Attention: TreasurerXxxx Xxxxxxxxxx; if to any Initial LenderLender or the Initial Issuing Bank, at its Domestic Lending Office specified opposite its name on Schedule I hereto; if to any other LenderLender Party, at its Domestic Lending Office specified in the Assignment and Acceptance pursuant to which it became a LenderLender Party; and if to the Administrative Agent, at its address at Xxx Xxxx Xxx XxxxxXxxxxxx Xxxxxx, Xxxxxxx XxxxxxxxXxxxxx, XX 00000, Attention: Xxxx Xxx Xxxxxx; or, as to the Borrower or the 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 Agentparties. All such notices and communications shall, when mailed, mailed or telecopied, telegraphed or telexed, be effective when deposited in the mails, telecopied, delivered to the telegraph company mails or confirmed transmitted by telex answerbacktelecopier, 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 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 (Central Tractor Farm & Country Inc), Credit Agreement (Central Tractor Farm & Country Inc)
Notices, Etc. All notices and other communications provided for hereunder shall be either (i) in writing (including telecopiertelegraphic, telegraphic telecopier or telex communication) and mailed, telegraphed, telecopied, telegraphed, telexed or deliveredotherwise delivered or (ii) by electronic mail (if electronic mail addresses are designated as provided below) confirmed immediately in writing, if in the case of the Borrower or the Administrative Agent, addressed to it at its address specified in the 2005 Credit Agreement and, in the case of each Grantor other than the Borrower, addressed to it at its address at 0000 0xx Xxxxxx, Xxxxxxx, XX 00000, Attention: Treasurer; if to any Initial Lender, at its Domestic Lending Office specified set forth opposite its such Grantor’s name on Schedule I hereto; if the signature pages hereto or on the signature page to any other Lender, at its Domestic Lending Office specified in the Assignment and Acceptance Security Agreement Supplement pursuant to which it became a Lender; and if to the Agent, at its address at Xxx Xxxx Xxx Xxxxx, Xxxxxxx Xxxxxxxx, 00000, Attention: Xxxx Xxxxxxparty hereto; or, as to the Borrower or the 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 Agentparties. All such notices and other communications shall, when mailed, telegraphed, telecopied, telegraphed telexed, sent by electronic mail or telexedotherwise, be effective when deposited in the mails, telecopied, delivered to the telegraph company or company, telecopied, confirmed by telex answerback, sent by electronic mail and confirmed in writing, or otherwise delivered (or confirmed by a signed receipt), respectively, addressed as aforesaid; except that notices and other communications to the Administrative Agent pursuant to Article II, III or VII shall not be effective until received by the Administrative Agent. Delivery by telecopier of an executed counterpart of any amendment or waiver of any provision of this Agreement or the Notes or of any Exhibit Security Agreement Supplement or Schedule 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: Security Agreement (Jones Apparel Group Inc), Security Agreement (Jones Apparel Group Inc)
Notices, Etc. All notices and other communications provided for hereunder shall be in writing (including telecopier, telegraphic telegraphic, telex or telex cable communication) and mailed, telecopied, telegraphed, telexed telexed, cabled or delivered, if to the any Borrower, at its address at 0000 0xx Xxxxxx00 X. Xxxxxxxx, Xxxxxxx37th Floor, XX 00000Chicago, IL 60603, Attention: TreasurerJ. Xxxxx Xxxxxxxx, Telecopy: (000) 000-0000; if to any Initial Lender, at its Domestic Lending Office specified opposite in its name on Schedule I hereto; if to any other Lender, at its Domestic Lending Office specified Administrative Questionnaire or in the Assignment and Acceptance pursuant to which it became a Lender; and if to the Administrative Agent, at its address at Xxx 0 Xxxx Xxx Xxxxx, Xxxxxxx XxxxxxxxXxxx Xxxxx 0000, 0XXX-00, Xxxxxxx, Xxxxxxxx 00000, Attention: Xxxx Xx. Xxx Xxxxxx; , Telecopy: (000) 000-0000 or, as to the Borrower or the 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 Agentparties. All such notices and communications shall, when mailed, telecopied, telegraphed telegraphed, telexed or telexedcabled, be effective when deposited in the mails, telecopied, delivered to the telegraph company or company, confirmed by telex answerbackanswerback or delivered to the cable 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 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: 364 Day Credit Agreement, Credit Agreement
Notices, Etc. All notices and other communications provided for hereunder shall be in writing (including telecopier, telegraphic or telex communication) and mailed, telecopied, telegraphed, telexed or delivered, if to the Borrower, at its address at 0000 0xx Xxxxxxxxx Xxxxx, 0 Xxxxxx Xxxxxx, XxxxxxxXxxxxxxx XX00, XX 00000Bermuda, Attention: TreasurerChief Financial Officer, with a copy to Xxxxx Xxxxxx, Esq., Xxxxx Xxxxxxxxxx LLP, 0000 Xxxxxx xx xxx Xxxxxxxx, Xxx Xxxx, Xxx Xxxx 00000-0000; if to any Initial Lender, at its Domestic Lending Office specified opposite its name on Schedule I hereto; if to any other Lender, at its Domestic Lending Office specified in the Assumption Agreement or the Assignment and Acceptance pursuant to which it became a Lender; and if to the Agent, at its address at Xxx Xxxx Xxxxx Xxx, Xxx XxxxxXxxxxx, Xxxxxxx Xxxxxxxx, Xxxxxxxx 00000, Attention: Xxxx XxxxxxBank Loan Syndications Department; or, as to the Borrower or the 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 Agent. All such notices and communications shall, when mailed, telecopied, telegraphed or telexed, be effective when deposited in the mails, telecopied, delivered to the telegraph company or confirmed by telex answerback, respectively, except that notices and communications to the Agent pursuant to Article II, III or VII shall not be effective until received by the Agent. Delivery by 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: 364 Day Credit Agreement (Platinum Underwriters Holdings LTD), Credit Agreement (Platinum Underwriters Holdings LTD)
Notices, Etc. All notices and other communications provided for ------------- hereunder shall be in writing (including telecopier, telegraphic or telex telecopy communication) and mailed, telecopied, telegraphed, telexed telecopied or delivered:
(a) if to any of the Guarantors, at the address of the Borrower set forth in Section 8.02 of the Credit Agreement; and
(b) if to the Borrower, at its address at 0000 0xx Xxxxxx, Xxxxxxx, XX 00000, Attention: Treasurer; if to any Initial Lender, at its Domestic Lending Office specified opposite its name on Schedule I hereto; if to any other Lender, at its Domestic Lending Office specified in the Assignment and Acceptance pursuant to which it became a Lender; and if to the Administrative Agent, at its address set forth in Section 8.02 of the Credit Agreement;
(c) if to any of the Hedge Banks, at Xxx Xxxx Xxx Xxxxx, Xxxxxxx Xxxxxxxx, 00000, Attention: Xxxx Xxxxxxits address set forth in the Guaranteed Hedge Agreement to which it is party (a copy of which Guaranteed Hedge Agreement shall have been provided to the Administrative Agent); or,
(d) as to any of the Borrower Guarantors or the Administrative Agent, at such other address as shall be designated by such party in a written notice to each of the other parties Guarantors and Guaranteed Parties and, as to each of the other partyparties, at such other address as shall be designated by such party in a written notice to each of the Guarantors and the Administrative Agent. Notwithstanding any of the other provisions of this Guarantee or any of the other Finance Documents to which any of the Guarantors is a party, any notice to the Guarantors or to any of them required to be made under this Guarantee that is delivered to the Borrower and in accordance with Section 8.02 of the AgentCredit Agreement shall constitute effective notice to the Guarantors or to any such Guarantor. All such notices and communications shall, when mailed, telecopied, telegraphed or telexed, be effective when deposited three Business Days after deposit in the mails, telecopied, delivered to the telegraph company mail or confirmed upon transmission by telex answerbacktelecopier or delivery, respectively, except that notices and communications to the Agent pursuant to Article II, III or VII shall not be effective until received by the Agentaddressed as aforesaid. Delivery by 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 Guarantee shall be effective as delivery of a manually an originally executed counterpart thereof.
Appears in 2 contracts
Samples: Subsidiary Guarantee (Davita Inc), Subsidiary Guarantee (Davita Inc)
Notices, Etc. All notices and other communications provided for hereunder shall be in writing (including telecopier, telegraphic or telex communication) and mailed, telecopied, telegraphed, telexed or delivered, if to the Borrower, at its address at 0000 0xx 000 Xxxxx Xxxxx, Xx. Xxxxxx, Missouri 63376, Attention: Treasurer (telecopier number (000) 000-0000); if to the Initial Lender or the Agent, at Xxxxxxxxxxxxxx 0, X-00000 Xxxxxxxxxx, Xxxxxxx, Attention: Corporate Finance (telecopier number 49 211 4579 354), with a copy to E.ON North America, Inc., 000 Xxxxxxxxx Xxxxxx, Xxx Xxxx, XX 00000, Attention: Treasurer; if to any Initial Lender, at its Domestic Lending Office specified opposite its name on Schedule I heretoPresident (telecopier number (000) 000-0000); if to any other LenderLender or any Bank, at its Domestic Eurodollar Lending Office specified in the Assignment and Acceptance pursuant to which it became a Lender; and if to the Agent, at its address at Xxx Xxxx Xxx Xxxxx, Xxxxxxx Xxxxxxxx, 00000, Attention: Xxxx Xxxxxx; or, as to the Borrower or the 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 Agentparties. All such notices and communications shall, when mailed, telecopied, telegraphed or telexed, be effective when deposited in received by the mails, telecopied, delivered party to the telegraph company or confirmed by telex answerback, respectivelywhom such notice is addressed, except that notices and communications to the Agent pursuant to Article II, III or VII Section 2.06 shall not be effective until received confirmed in writing by the Agentparty to whom such notice is addressed. Delivery by telecopier of an executed counterpart of any amendment or waiver of any provision of this Agreement or the Notes 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 2 contracts
Samples: Credit Agreement (Memc Electronic Materials Inc), Credit Agreement (Memc Electronic Materials Inc)
Notices, Etc. All notices and other communications provided for hereunder shall be in writing (including telecopier, telegraphic telegraphic, telex or telex cable communication) and mailed, telecopied, telegraphed, telexed telexed, cabled or delivered, if to the any Borrower, at its address at 0000 0xx Xxxxxx00 X. Xxxxxxxx, Xxxxxxx37th Floor, XX 00000Chicago, IL 60603, Attention: TreasurerJ. Xxxxx Xxxxxxxx, Telecopy: (000) 000-0000; if to any Initial LenderLender listed on the signature pages hereof, at its Domestic Lending Office specified opposite its name on Schedule I hereto; if to any other Lender, at its Domestic Lending Office specified in the Assignment and Acceptance pursuant to which it became a Lender; and if to the Administrative Agent, at its address at Xxx Xxxx 1 Bank Xxx Xxxxx, Xxxxxxx XxxxxxxxXxxx Xxxxx 0000, 0XXX-00, Xxxxxxx, Xxxxxxxx 00000, Attention: Xxxx Xx. Xxx Xxxxxx; , Telecopy: (000) 000-0000 or, as to the Borrower or the 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 Agentparties. All such notices and communications shall, when mailed, telecopied, telegraphed telegraphed, telexed or telexedcabled, be effective when deposited in the mails, telecopied, delivered to the telegraph company or company, confirmed by telex answerbackanswerback or delivered to the cable 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 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 (Commonwealth Edison Co), 364 Day Credit Agreement (Peco Energy Co)
Notices, Etc. All notices and other communications provided for hereunder shall be in writing (including telecopier, telegraphic or telex communication) and mailed, telecopied, telegraphed, telexed or delivered, if to the BorrowerCompany or any Designated Subsidiary, at its the address of the Company at 0000 0xx Xxxxxx200 Public Square, XxxxxxxCleveland, XX 00000Ohio 44114, Attention: Treasurer; if to any Initial Lenderxx xxx Xxxxxxx Xxxxxx, at its Domestic Lending xx xxx Xxxxxxxx Xending Office specified opposite its name on Schedule I hereto; if to any other Lender, at its Domestic Lending Office specified in the Assumption Agreement or the Assignment and Acceptance pursuant to which it became a Lender; and if to the Agent, at its address at Xxx Xxxx Xxx XxxxxTwo Penns Way, Xxxxxxx XxxxxxxxSuite 200, 00000New Castle, Delaware 19720, Attention: Baxx Xxxx XxxxxxXxxxxxxxxxxx Xxxxxxxxxx; orxx, as to the Borrower xx xx xxx Xxxxxny or the 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 Agent. All such notices and communications shall, when mailed, telecopied, telegraphed or telexed, shall be effective when deposited in the mails, telecopied, delivered to the telegraph company or confirmed by telex answerback, respectively, except that notices and communications to the Agent pursuant to Article II, III or VII shall not be effective until received by the Agentreceived. Delivery by 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 (Polyone Corp), Credit Agreement (Polyone Corp)
Notices, Etc. All notices and other communications provided for hereunder shall be either (i) in writing (including telecopiertelegraphic, telegraphic telecopier or telex communication) and mailed, telegraphed, telecopied, telegraphed, telexed or deliveredotherwise delivered or (ii) by electronic mail (if electronic mail addresses are designated as provided below) confirmed immediately in writing, if in the case of the Company or the Collateral Trustee, addressed to the Borrower, it at its address at 0000 0xx Xxxxxx, Xxxxxxx, XX 00000, Attention: Treasurer; if to any Initial Lender, at its Domestic Lending Office specified opposite its name on Schedule I hereto; if to any other Lender, at its Domestic Lending Office specified in the Assignment and Acceptance Collateral Trust Agreement and, in the case of each Grantor other than the Company, addressed to it at its address set forth opposite such Grantor’s name on the signature pages hereto or on the signature page to the Security Agreement Supplement pursuant to which it became a Lender; and if to the Agent, at its address at Xxx Xxxx Xxx Xxxxx, Xxxxxxx Xxxxxxxx, 00000, Attention: Xxxx Xxxxxxparty hereto; or, as to the Borrower or the 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 Agentparties. All such notices and other communications shall, when mailed, telegraphed, telecopied, telegraphed telexed, sent by electronic mail or telexedotherwise, be effective when deposited in the mails, telecopied, delivered to the telegraph company or company, telecopied, confirmed by telex answerback, sent by electronic mail and confirmed in writing, or otherwise delivered (or confirmed by a signed receipt), respectively, addressed as aforesaid; except that notices and other communications to the Agent pursuant to Article II, III or VII Collateral Trustee shall not be effective until received by the AgentCollateral Trustee. Delivery by telecopier of an executed counterpart of any amendment or waiver of any provision of this Agreement or the Notes or of any Exhibit Security Agreement Supplement or Schedule 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: Second Lien Security Agreement (Terremark Worldwide Inc.), Security Agreement (Terremark Worldwide Inc.)
Notices, Etc. (a) All notices and other communications provided for hereunder shall be in writing (including telecopier, telegraphic or telex communication) and mailed, telecopied, telegraphed, telexed or delivered, if to the any Borrower, at its the address of PPG at 0000 0xx XxxxxxXxx XXX Xxxxx, XxxxxxxXxxxxxxxxx, XX Xxxxxxxxxxxx 00000, telecopy number 000-000-0000, Attention: Treasurer, with a copy to PPG at Xxx XXX Xxxxx, Xxxxxxxxxx, Xxxxxxxxxxxx 00000, telecopy number 000-000-0000, Attention: Corporate Law Department; if to any Initial Lender, at its Domestic Lending Office specified opposite its name on Schedule I hereto; if to any other Lender, at its Domestic Lending Office specified in the Assignment and Acceptance pursuant to which it became a Lender; and if to the Administrative Agent, at its address at 00 Xxxxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx Xxx Xxxxx00000, Xxxxxxx Xxxxxxxx, 00000telecopy number 000-000-0000, Attention: Xxxx Xxxxxx; Agency Group Manager, 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, when mailed, telecopied, telegraphed or telexed, be effective when deposited in the mails, telecopied, delivered to the telegraph company or confirmed 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 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.
(b) Notwithstanding anything to the contrary contained in this Agreement or any Note, (i) any notice to the Borrowers or to any one of them required under this Agreement or any such Note that is delivered to PPG shall constitute effective notice to the Borrowers or to any such Borrower, including PPG and (ii) any Notice of Borrowing or any notice of Conversion delivered pursuant to the terms of this Agreement may be delivered by any Borrower or by PPG, on behalf of any other Borrower. Each Borrower (other than PPG) hereby irrevocably appoints PPG as its authorized agent to receive and deliver notices in accordance with this Section 9.02, and hereby irrevocably agrees that (A) in the case of clause (i) of the immediately preceding sentence, the failure of PPG to give any notice referred to therein to any such Borrower to which such notice applies shall not impair or affect the validity of such notice with respect thereto and (B) in the case of clause (ii) of the immediately preceding sentence, the delivery of any such notice by PPG, on behalf of any other Borrower, shall be binding on such other Borrower to the same extent as if such notice had been executed and delivered directly by such Borrower.
Appears in 2 contracts
Samples: 364 Day Credit Agreement (PPG Industries Inc), 364 Day Credit Agreement (PPG Industries Inc)
Notices, Etc. All notices and other communications provided for hereunder shall be in writing (including telecopier, telegraphic or telex telecopy communication) and mailed, telecopied, telegraphed, telexed telecopied or delivered, if to the Borrower, at its address at 0000 0xx Xxxxxx3915 Delaware Avenue, XxxxxxxDes Moines, XX 00000Iowa 50313, Attention: TreasurerDean Xxxxxxxxxx; if to any xx xx xxx Xxxxxxx Xxxxxx xx xxx Initial LenderIssuinx Xxxx, at its xx xxs Domestic Lending Office specified opposite its name on Schedule I hereto; if to any other LenderLender Party, at its Domestic Lending Office specified in the Assignment and Acceptance pursuant to which it became a LenderLender Party; and if to the Administrative Agent, at its address at Xxx Xxxx Xxx XxxxxOne Federal Street, Xxxxxxx XxxxxxxxBoston, 00000MA 02110, Attention: Xxxx XxxxxxSteve Curran; orox, as to the Borrower or the Agentxx xx xxxx xxxxx, at such other address xx xxxx xxxxx xxxxess as shall be designated xxxxxxxxxx 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 Agentparties. All such notices and communications shall, when mailed, mailed or telecopied, telegraphed or telexed, be effective when deposited in the mails, telecopied, delivered to the telegraph company mails or confirmed transmitted by telex answerbacktelecopier, 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 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 (Quality Stores Inc), Credit Agreement (Quality Stores Inc)
Notices, Etc. All notices and other communications provided for hereunder shall be in writing (including telecopier, telegraphic or telex communication) and mailed, telecopied, telegraphed, telexed or delivered, if to the Borrower, at its address at 0000 0xx 631 Xxxxx Xxxxxxxx Xxxxxx, XxxxxxxXxxx, XX Xxxxxxxxxxxx 00000, AttentionXttention: Treasurer, Telephone: (710) 000-0000, Xax: (710) 000-0000; if xf to any Initial Lender, at its Domestic Lending Office specified opposite its name on Schedule I hereto; if to any other Lender, at its Domestic Lending Office specified in the Assignment and Acceptance pursuant to which it became a Lender; and if to the Agent, at its address at Two Xxxxx Xxx, Xxx Xxxx Xxx XxxxxXxxxxx, Xxxxxxx Xxxxxxxx, Xxxxxxxx 00000, AttentionXttention: Xxxx XxxxxxBank Loan Syndications Department; or, as to the Borrower or the 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 Agent. All such notices and communications shall, when mailed, telecopied, telegraphed or telexed, be effective when deposited in the mails, telecopied, delivered to the telegraph company or confirmed by telex answerback, respectively, except that notices and communications to the Agent pursuant to Article II, III or VII shall not be effective until received by the Agent. Delivery by 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 (York International Corp /De/), Credit Agreement (York International Corp /De/)
Notices, Etc. All notices and other communications provided for hereunder shall be in writing (including telecopier, telegraphic telegraphic, telex or telex cable communication) and mailedmailed (by certified mail, return receipt requested), telecopied, telegraphed, telexed telexed, cabled or delivered, if to the Borrower, at its address at 0000 0xx Xxxxxx30 Bxxxxx Xxxxx Xxxx., XxxxxxxSuite 400, XX 00000Nashville, TN 37215, Attention: TreasurerMr. Xxxx X. Xxxxxxxx, telecopier no. (615) 000-0000; if xx to any Initial LenderBank, at its Domestic Lending Office specified opposite its name on Schedule I hereto; if to any other Lender, at its Domestic Lending Office as specified in the Assignment and Acceptance pursuant to which it became a Lenderits Administrative Details Reply Form; and if to the Agent, at its address at 1 Coxxx Xxxxxx, 0xx Xxxxx, Xxne 1, Lxxx Xxxxxx Xxxx, Xxx Xxxx, Xxx Xxxx Xxx 00000, Xxtention: Mr. Xxxxxx Xxxxx, Xxxxxxx Xxxxxxxxtelecopier no. (718) 000-0000; xxd if to any Issuing Bank, 00000as specified in its Administrative Details Reply Form; with a copy, Attention: in the cases of notices to the Agent or the Issuing Bank, to Ms. Xxxxxxxx X. Xxxxx, 399 Xxxx Xxxxxx, 0xx Xxxxx, Xxxx 00, Xxx Xxxx 00000; orxx, as to the Borrower or the Agenteach Person, at such other address or telecopier number 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 Agentparties. All such notices and communications shall, when mailedmailed (by certified mail, return receipt requested), telecopied, telegraphed or telegraphed, telexed, cabled, or faxed be effective when deposited in the mails, telecopied, delivered to the telegraph company or company, confirmed by telex answerback, delivered to the cable company or confirmed received in the case of a telecopy or facsimile, respectively, except that notices and communications to the Agent pursuant to Article II, II or VIII or to any Issuing Bank pursuant to Article III or VII VIII shall not be effective until received by the Agent. Delivery by telecopier of an executed counterpart of any amendment Agent or waiver of any provision of this Agreement or such Issuing Bank, as the Notes or of any Exhibit hereto to be executed and delivered hereunder shall be effective as delivery of a manually executed counterpart thereofcase may be.
Appears in 2 contracts
Samples: Revolving Credit Agreement (Phycor Inc/Tn), Revolving Credit Agreement (Phycor Inc/Tn)
Notices, Etc. All notices and other communications ------------ provided for hereunder shall be in writing (including telecopier, telegraphic or telex communication) and mailed, telecopied, telegraphed, telexed or delivered, if to the Borrower, at its address at 0000 0xx 00 Xxxxx Xxxxx Xxxxxx, XxxxxxxSuite 1900, XX 00000Jacksonville, Florida 32202, Attention: Treasurer, with a copy to: Corporate Secretary; if to any Initial Lender, at its Domestic Lending Office specified opposite its name on Schedule I hereto; if to any other Lender, at its Domestic Lending Office specified in the Assumption Agreement or the Assignment and Acceptance pursuant to which it became a Lender; and if to the Agent, at its address at Xxx Xxxx Xxxxx Xxx, Xxx XxxxxXxxxxx, Xxxxxxx Xxxxxxxx, Xxxxxxxx 00000, Attention: Xxxx XxxxxxBank Loan Syndications Department; or, as to the Borrower or the 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 Agent. All such notices and communications shall, when mailed, telecopied, telegraphed or telexed, be effective when deposited in the mails, telecopied, delivered to the telegraph company or confirmed by telex answerback, respectively, except that notices and communications to the Agent pursuant to Article II, III or VII shall not be effective until received by the Agent. Delivery by 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: 364 Day Credit Agreement (Rayonier Inc), Credit Agreement (Rayonier Inc)
Notices, Etc. All notices and Except as otherwise specified herein, all notices, requests, demands or other communications provided for hereunder to or upon the respective parties hereto shall be in writing (including telecopiersent or delivered by mail, telegraphic telegraph, telex, telecopy, cable or telex communication) courier service and mailed, telecopied, telegraphed, telexed or delivered, if to the Borrower, at its address at 0000 0xx Xxxxxx, Xxxxxxx, XX 00000, Attention: Treasurer; if to any Initial Lender, at its Domestic Lending Office specified opposite its name on Schedule I hereto; if to any other Lender, at its Domestic Lending Office specified in the Assignment and Acceptance pursuant to which it became a Lender; and if to the Agent, at its address at Xxx Xxxx Xxx Xxxxx, Xxxxxxx Xxxxxxxx, 00000, Attention: Xxxx Xxxxxx; or, as to the Borrower or the 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 Agent. All all such notices and communications shall, when mailed, telegraphed, telexed, telecopied, telegraphed or telexedcabled or sent by courier, be effective when deposited in the mails, telecopied, delivered to the telegraph company, cable company or confirmed overnight courier, as the case may be, or sent by telex answerback, respectivelyor telecopier, except that notices and communications to the Agent pursuant to Article II, III Pledgee or VII any Pledgor shall not be effective until received by the AgentPledgee or such Pledgor, as the case may be. Delivery by 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 All notices and delivered hereunder other communications shall be effective in writing and addressed as delivery follows:
(a) if to any Pledgor, at its address set forth opposite its signature below;
(b) if to the Pledgee, at: 00 Xxxx Xxxxxx Xxx Xxxx, Xxx Xxxx 00000 Attention: Xxxxxxx Xxxxx Telephone No.: (000) 000-0000 Telecopier No.: (000) 000-0000
(c) if to any Lender Creditor, either (x) to the Administrative Agent, at the address of a manually executed counterpart thereofthe Administrative Agent specified in the Credit Agreement, or (y) at such address as such Lender Creditor shall have specified in the Credit Agreement;
(d) if to any Other Creditor, at such address as such Other Creditor shall have specified in writing to the Pledgors and the Pledgee; or at such other address or addressed to such other individual as shall have been furnished in writing by any Person described above to the party required to give notice hereunder.
Appears in 2 contracts
Samples: Pledge Agreement (Lee Enterprises, Inc), Pledge Agreement (Lee Enterprises, Inc)
Notices, Etc. All notices and other communications provided for hereunder shall be in writing (including telecopier, telegraphic or telex communication) and mailed, telecopied, telegraphed, telexed or delivered, if to the Borrower, at its address at 0000 0xx 000 Xxxx 00xx Xxxxxx, XxxxxxxXxx Xxxx, XX Xxx Xxxx 00000, Attention: Treasurer, with a copy to Corporate Secretary; if to any Initial Lender, at its Domestic Lending Office specified opposite its name on Schedule I hereto; if to any other Lender, at its Domestic Lending Office specified in the Assumption Agreement or the Assignment and Acceptance pursuant to which it became a Lender; and if to the Agent, at its address at Xxx Xxxx Xxxxx Xxx, Xxx XxxxxXxxxxx, Xxxxxxx Xxxxxxxx, Xxxxxxxx 00000, Attention: Xxxx XxxxxxBank Loan Syndications Department; or, as to the Borrower or the 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 Agent. All such notices and communications shall, when mailed, telecopied, telegraphed or telexed, be effective when deposited in the mails, telecopied, delivered to the telegraph company or confirmed by telex answerback, respectively, except that notices and communications to the Agent pursuant to Article II, III or VII shall not be effective until received by the Agent. Delivery by telecopier of an executed counterpart of any amendment or waiver of any provision provisions 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: 364 Day Credit Agreement (International Flavors & Fragrances Inc), 364 Day Credit Agreement (International Flavors & Fragrances Inc)
Notices, Etc. All notices and other communications provided for hereunder shall be either (i) in writing (including telecopier, telegraphic or telex facsimile communication) and mailed, telecopiedfaxed or otherwise delivered or (ii) by electronic mail (if electronic mail addresses are designated as provided below) confirmed immediately in writing, telegraphedin the case of the Purchaser, telexed or deliveredaddressed to it at: Prides Capital Fund I, if to the BorrowerL.P., at its address at 0000 0xx c/o Prides Capital Partners, LLC, 000 Xxxx Xxxxxx, XxxxxxxXxxxx 000, Xxxxxx, XX 00000, Attention: Treasurer; if Xxxx Xxxxxx, Telephone No. (000) 000-0000, Facsimile No.: (000) 000-0000, e-mail address: xxxx@xxxxxxxxxxxxx.xxx and, in the case of each Grantor, addressed to any Initial Lender, it at its Domestic Lending Office specified address set forth opposite its such Grantor’s name on Schedule I hereto; if the signature pages hereto or on the signature page to any other Lender, at its Domestic Lending Office specified in the Assignment and Acceptance Security Agreement Supplement pursuant to which it became a Lender; and if to the Agent, at its address at Xxx Xxxx Xxx Xxxxx, Xxxxxxx Xxxxxxxx, 00000, Attention: Xxxx Xxxxxxparty hereto; or, as to the Borrower or the 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 Agentparties. All such notices and other communications shall, when mailed, telecopiedfaxed, telegraphed sent by electronic mail or telexedotherwise, be effective when deposited in the mails, telecopiedconfirmed by facsimile answerback, sent by electronic mail and confirmed in writing, or otherwise delivered to the telegraph company (or confirmed by telex answerbacka signed receipt), respectively, addressed as aforesaid; except that notices and other communications to the Agent pursuant to Article II, III or VII Purchaser shall not be effective until received by the AgentPurchaser. Delivery by telecopier facsimile or electronic mail of an executed counterpart of any amendment or waiver of any provision of this Agreement or the Notes or of any Exhibit Security Agreement Supplement or Schedule 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: Security Agreement (Ediets Com Inc), Security Agreement (Ediets Com Inc)
Notices, Etc. All notices and other communications provided for hereunder shall be in writing (including telecopier, telegraphic or telex communication) and mailed, telecopied, telegraphed, telexed or delivered, if to the Borrower, at its address at 0000 0xx 1000 00xx Xxxxxx, XxxxxxxX.X., XX Xxxxxxxxxx, X.X. 00000, Attention: Treasurer; if to any Initial Lender, at its Domestic Lending Office specified opposite its name on Schedule I hereto; if to any other Lender, at its Domestic Lending Office specified in the Assumption Agreement or the Assignment and Acceptance pursuant to which it became a Lender; and if to the Agent, at its address at Txx Xxxxx Xxx, Xxxxx 000, Xxx Xxxx Xxx XxxxxXxxxxx, Xxxxxxx Xxxxxxxx, Xxxxxxxx 00000, Attention: Xxxx Cxxxxxxx Xxxxxx; or, as to the Borrower or the 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 Agent. All such notices and communications shall, when mailedhand delivered, telecopied, telegraphed or telexed, be effective when deposited in the mails, telecopied, delivered to the telegraph company or confirmed by telex answerback, respectively, except that notices and communications to the Agent pursuant to Article II, III or VII shall not be effective until received by the Agentreceived. Delivery by 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: 364 Day Credit Agreement (Washington Post Co), Credit Agreement (Washington Post Co)
Notices, Etc. All notices and other communications provided for hereunder shall be in writing (including telecopier, telegraphic or telex communication) and mailed, telecopied, telegraphed, telexed or delivered, if to the Borrower, at its address at 0000 0xx Xxxxxx00 Xxxxxxxx Xxxxx, XxxxxxxXxxxxxxxxxx, XX Xxxxxxxxxxxxx 00000, Attention: TreasurerVice President and Director of Corporate Finance; if to any Initial Lender, at its Domestic Lending Office specified opposite its name on Schedule I hereto; if to any other Lender, at its Domestic Lending Office specified in the Assignment and Acceptance pursuant to which it became a Lender; and if to the Administrative Agent, at its address at Xxx Xxxx Xxx Xxxxx, Xxxxxxx Xxxxxxxx, 00000_________________________, Attention: Xxxx Xxxxxx_______________ 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. All such notices and communications shall, when mailed, telecopied, telegraphed or telexed, be effective when deposited in the mails, telecopied, delivered to the telegraph company or confirmed 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 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
Notices, Etc. All notices and other communications provided for hereunder shall be in writing (including telecopier, telegraphic telegraphic, telex or telex cable communication) and mailed, telecopied, telegraphed, telexed telexed, cabled or delivered, if to the Borrower, at its address at 0000 0xx XxxxxxFive Garret Xxxxxxxx Xxxxx, XxxxxxxXxxx Xxxxxxxx, XX Xxx Xxxxxx 00000, Attention: Treasurer; if to any Initial LenderBank, at its Domestic Lending Office specified opposite its name on Schedule I hereto; if to any other Lender, at its Domestic Lending Office specified in the Assignment and Acceptance pursuant to which it became a Lender; and if to the Agent, at its address at 000 Xxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx Xxx Xxxxx, Xxxxxxx Xxxxxxxx, 00000, Attention: Xxxx XxxxxxChemicals Department, North American Global Finance Group; or, as to the Borrower or the 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 Agent. All such notices and communications shall, when mailed, telecopied, telegraphed telegraphed, telexed or telexedcabled, be effective when deposited in the mails, telecopied, delivered to the telegraph company or company, confirmed by telex answerbackanswerback or delivered to the cable company, respectively, except that notices and communications to the Agent pursuant to Article II, III or VII shall not be effective until received by the Agent. Delivery by 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
Notices, Etc. All notices and other communications provided for hereunder shall be in writing (including telecopier, telegraphic or telex communication) and mailed, telecopied, telegraphed, telexed or delivered, if to the Borrower, at its address at 0000 0xx 1150 00xx Xxxxxx, XxxxxxxX.X., XX Xxxxxxxxxx, X.X. 00000, AttentionXxtention: Treasurer; if to any Initial Lender, at its Domestic Lending Office specified opposite its name on Schedule I hereto; if to any other Lender, at its Domestic Lending Office specified in the Assumption Agreement or the Assignment and Acceptance pursuant to which it became a Lender; and if to the Agent, at its address at Two Xxxxx Xxx, Xxxxx 000, Xxx Xxxx Xxx XxxxxXxxxxx, Xxxxxxx Xxxxxxxx, Xxxxxxxx 00000, AttentionXxtention: Xxxx XxxxxxBriax Xxxxxxx; orxx, as to the Borrower or the 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 Agent. All such notices and communications shall, when mailedhand delivered, telecopied, telegraphed or telexed, be effective when deposited in the mails, telecopied, delivered to the telegraph company or confirmed by telex answerback, respectively, except that notices and communications to the Agent pursuant to Article II, III or VII shall not be effective until received by the Agentreceived. Delivery by 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
Notices, Etc. All notices and other communications provided for hereunder ------------- shall be in writing (including telecopiertelegraphic, telegraphic telecopy or telex communication) and mailed, telegraphed, telecopied, telegraphed, telexed or delivered, if to the Borrower, at its address at 0000 0xx Xxxxxx000 Xxxxxx Xxxx, XxxxxxxXxxxx 000, Xxxxxxxxxx, XX 00000, Attention: TreasurerXxxxxxx Xxxxxxxxxx; if to any Initial LenderLender or the Initial Issuing Bank, at its Domestic Lending Office specified opposite its name on Schedule I hereto; if to any other LenderLender Party, at its Domestic Lending Office specified in the Assignment and Acceptance pursuant to which it became a LenderLender Party; and if to the Collateral Agent or Administrative Agent, at its address at Xxx Xxxx Xxx Xxxxx, Xxxxxxx 0000 Xxxxxxxx, Xxx Xxxx, XX 00000, Attention: Xxxx Xxxxx Xxxxxx; or, as to the Borrower or the 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 Agentparties. All such notices and communications shall, when mailed, telecopiedtelegraphed, telegraphed telecopied or telexed, be effective when three Business Days after being deposited in the U.S. mails, telecopied, when delivered to the telegraph company company, transmitted by telecopier or confirmed by telex answerback, respectively, except that notices and communications to the any Agent pursuant to Article II, III or VII shall not be effective until received by the such Agent. Delivery Manual delivery by 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
Notices, Etc. All notices and other communications provided for hereunder shall be in writing (including telecopier, telegraphic or telex telecopier communication) and mailed, telecopied, telegraphed, telexed or delivered, if to the Borrower, at its address at 0000 0xx Xxxxxx000 Xxxxxxx Xxxxxxx, Xxxxx 000, Xxxxxxx, XX Xxxxxxx 00000-0000, Attention: Treasurer, with a copy to Manager, Loan Administration, facsimile: 000-000-0000; if to any the Initial Lender, at its Domestic Lending Office specified opposite its name on Schedule I hereto; if to any other Lender, at its Domestic Lending Office specified in the Assignment and Acceptance pursuant to which it became a Lender; and if to the Agent, at its address at Xxx Xxxx Xxxxx Xxx, Xxx XxxxxXxxxxx, Xxxxxxx Xxxxxxxx, Xxxxxxxx 00000, Attention: Xxxx XxxxxxBank Loan Syndication Department, telephone: 000-000-0000, facsimile: 000-000-0000; or, as to the Borrower or the 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 Agent. All such notices and communications shall, when mailed, mailed or telecopied, telegraphed or telexed, be effective when deposited in the mails, mails or telecopied, delivered to the telegraph company or confirmed by telex answerback, respectively, except that notices and communications to the Agent pursuant to Article II, III or VII shall not be effective until received by the Agent. Delivery by telecopier of an executed counterpart hereof or 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 (Mirant Corp)
Notices, Etc. All notices and other communications provided for hereunder shall be in writing (including telecopier, telegraphic or telex communication) and mailed, telecopied, telegraphed, telexed or delivered, if to the Borrower, at its address at 0000 0xx Xxxxxx800 Lindbergh Boulevard, XxxxxxxSt Louis, XX 00000Missouri 63167, Attention: Treasurer; Xxxxx Xxxxxxxxx Xxxxxxx, xxxx xx xxxxxxxxxxx xxxy to the Secretary at the same address, if to any Initial Lender, at its Domestic Lending Office specified opposite its name on Schedule I hereto; if to any other Lender, at its Domestic Lending Office specified in the Assumption Agreement or the Assignment and Acceptance pursuant to which it became a Lender; and if to the Agent, at its address at Xxx Xxxx Xxx XxxxxTwo Penns Way, Xxxxxxx XxxxxxxxNew Castle, 00000Delaware 19720, Attention: Xxxx XxxxxxBank Loan Sxxxxxxxxxxx Xxxxxxxxxx; orxx, as to the Borrower xx xx xxx Xxxrower or the 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 Agent. All such notices and communications shall, when mailed, telecopied, telegraphed or telexed, shall be effective when deposited in the mails, telecopied, delivered to the telegraph company or confirmed by telex answerback, respectively, except that notices and communications to the Agent pursuant to Article II, III or VII shall not be effective until received by the Agentupon receipt. Delivery by 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 (Monsanto Co /New/)
Notices, Etc. All notices and other communications provided for hereunder shall be in writing (including telecopierfacsimile, telegraphic telegraphic, telecopy or telex communication) and mailed, telecopiedfaxed, telegraphed, telecopied, telexed or delivered, (i) if to the Borrower, at its address at 0000 0xx Xxxxxx, Xxxxxxx8000 Xxxxx XX Xxxxxxx 0 Xxxx Xx. Xxxxx, XX 00000, Attention: TreasurerJxxx X. Xxxxxx, fax no. 700-000-0000; (ii) if to any Initial Lenderthe Administrative Agent, at its Domestic Lending Office address at 500 Xxxxxxxxxx Xxxx., Xxxxx 0000, Xxxx Xxxx Xxxxx, Xxxxxxx 00000, Attention: Rxxxxx X’Xxxxxxxx, fax no. 500-000-0000; (iii) if to Comvest, at its office specified opposite below its name on Schedule I the signature page(s) hereto; and (iv) if to any other Lender, at its Domestic Lending Office office specified in the Assignment and Acceptance pursuant to which it became a Lender; and if to the Agent, at its address at Xxx Xxxx Xxx Xxxxx, Xxxxxxx Xxxxxxxx, 00000, Attention: Xxxx Xxxxxx; or, as to the Borrower or the Agentany 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 and the AgentLender. All such notices and other communications shall, when mailed, faxed, telegraphed, telecopied, telegraphed or telexed, be effective when deposited in the mails, telecopied, delivered to the telegraph company company, transmitted by telecopier or facsimile or confirmed by telex answerback, respectively, except that notices and communications to the Agent Lenders pursuant to Article II, II or III or VII shall not be effective until received by the AgentLenders. Delivery by telecopier or facsimile of an executed counterpart of any amendment or waiver of any provision of this Agreement or the any 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 (Digital Domain Media Group, Inc.)
Notices, Etc. All notices and other communications provided for hereunder shall be in writing (including telecopier, telegraphic or telex telecopier communication) and mailedmailed (by certified mail, telecopiedreturn receipt requested), telegraphed, telexed telecopied or delivered, if to the Borrower, at its address at 0000 0xx Xxxxxx30 Bxxxxx Xxxxx Xxxx., XxxxxxxSuite 400, XX 00000Nashville, TN 37215, Attention: TreasurerMr. Xxxxxx X. Xxxxx and Mr. Xxxx Xxxxxxx, telecopier no. (615) 000-0000; if xx to any Initial LenderBank, at its Domestic Lending Office specified opposite its name on Schedule I hereto; if to any other Lender, at its Domestic Lending Office as specified in the Assignment and Acceptance pursuant to which it became a Lenderits Administrative Details Reply Form; and if to the Agent, at its address at 2 Pexx'x Xxx, Xxxxx 000, Xxxxxxxxx, Xxxxxxxx 00000, Xxtention: Ms. Heatxxx Xxxxxx, xxlecopier no. (302) 000-0000; xxd if to any Issuing Bank, as specified in its Administrative Details Reply Form; with a copy, in the cases of notices to the Agent or the Issuing Bank, to Mr. Xxxxx X. XxXxxxxx, 399 Xxxx Xxxxxx, 0xx Xxxxx, Xxxx 00, Xxx Xxxx Xxx Xxxxx, Xxxxxxx Xxxxxxxx, 00000, Attention: Xxxx Xxxxxx; orxx, as to the Borrower or the Agenteach Person, at such other address or telecopier number 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 Agentparties. All such notices and communications shall, when mailedmailed (by certified mail, telecopiedreturn receipt requested), telegraphed telecopied or telexed, faxed be effective when deposited in the mails, telecopied, delivered to the telegraph company telecopied or confirmed by telex answerbackreceived in the case of a telecopy or facsimile, respectively, except that notices and communications to the Agent pursuant to Article II, II or VIII or to any Issuing Bank pursuant to Article III or VII VIII shall not be effective until received by the Agent. Delivery by telecopier of an executed counterpart of any amendment Agent or waiver of any provision of this Agreement or such Issuing Bank, as the Notes or of any Exhibit hereto to be executed and delivered hereunder shall be effective as delivery of a manually executed counterpart thereofcase may be.
Appears in 1 contract
Notices, Etc. All notices and other communications provided for hereunder shall be in writing (including telecopier, telegraphic or telex telecopier communication) and mailed, telecopied, telegraphed, telexed or delivered, if to the Borrower, at its address at 0000 0xx Xxxxxx175 Linfield Drive, XxxxxxxMenlo Park, XX 00000California 94025-3799, AttentionAttxxxxxx: TreasurerXxxxxxxxx; if to any Initial Lenderxx xx xxx Xxxxxxx Xxxxxx xx xxx Issuing Bank, at its Domestic Lending Office specified opposite its name on Schedule I hereto; if to any other LenderLender Party, at its Domestic Lending Office specified in the Assignment and Acceptance pursuant to which it became a LenderLender Party; and if to the Administrative Agent, at its address at Xxx Xxxx Xxx 101 California Street, Suite 4550, San Francisco, Califorxxx 00000, xx, xx xx xxx Xxxxxxxx xx xxx Xxxxxxxxxxxxxx Xxxxx, Xxxxxxx Xxxxxxxx, 00000, Attention: Xxxx Xxxxxx; or, as to the Borrower or the Agent, 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 and the Administrative Agent. All such notices and communications shall, when mailed, delivered by overnight courier or telecopied, telegraphed or telexed, be effective when deposited in the mails, telecopied, delivered to the telegraph company overnight courier or confirmed by telex answerbacktelecopied, 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 telecopier of an executed counterpart of any amendment or waiver of any provision of this Agreement or the Notes Notes, if any, 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
Notices, Etc. All notices and other communications provided for hereunder shall be in writing (including telecopier, telegraphic or telex communication) and mailed, telecopied, telegraphed, telexed or delivered, if to the BorrowerCompany or to any Designated Subsidiary, at its the Company's address at 0000 0xx XxxxxxCorporate Headquarters, Xxxxxxx100 Crystal A Drive, XX 00000Hershey, Pennsylvania 17033-0810, Attention: TreasurerXxxxxxxx Xxxxxxxxxx, Xxx Xx. (000) 000-0000; if to any xx xx xxx Initial Lender, at its Domestic Lending Office specified Oxxxxx xxxxxxxxd opposite its name on Schedule I hereto; if to any other Lender, at its Domestic Lending Office specified in the Assumption Agreement or the Assignment and Acceptance Acceptance, as the case may be, pursuant to which it became a Lender; and if to the Agent, at its address at Xxx Xxxx Xxx XxxxxOne Court Square, Xxxxxxx XxxxxxxxSeventh Floor, 00000Long Island City, AttentionNew York 11120, Xxxxxxxxx: Xxxx XxxxxxXxxx Xxxxxxxxxxxx, Xxx Xx. (000) 000-0000; orxx, as xs to the any Borrower or the 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 Agent. All such notices and communications shall, when mailed, telecopied, telegraphed or telexed, be effective when deposited in the mails, telecopied, delivered to the telegraph company or confirmed by telex answerback, respectively, except that notices and communications to the Agent pursuant to Article II, III or VII VIII shall not be effective until received by the Agent. Delivery by 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
Notices, Etc. (a) All notices and other communications provided for hereunder shall be in writing (including telecopier, telegraphic or telex communication) and mailed, telecopied, telegraphed, telegraphed or telexed or delivered, hand delivered (by a reputable commercial courier service) if to the Borrower, at its address at 0000 0xx Blvd. M. Xxxxx Cxxxxxx No. 36, 9o. Piso Lxxxx xx Xxxxxxxxxxx, X.X. 00000, Xxxxxx, Xxxxxxx, XX 00000D.F. MÉXICO, Attention: TreasurerTreasury Director, with copies to the Vice President and General Counsel; if to the Administrative Agent or any of the Lenders, at their Applicable Lending Offices specified opposite their names on the Schedule I; if to any Initial LenderLender which becomes a Lender under Section 8.07, at its Domestic Lending Office specified opposite its name on Schedule I hereto; if to any other Lender, at its Domestic Applicable Lending Office specified in the Assignment and Acceptance pursuant to which it became a Lender; and if to the Agent, at its address at Xxx Xxxx Xxx Xxxxx, Xxxxxxx Xxxxxxxx, 00000, Attention: Xxxx Xxxxxx; or, as to the Borrower or any of the AgentLenders, 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 Agent. All such notices and communications shall, (i) when mailed, telecopied, telegraphed or telexed, be effective when deposited in the mails, telecopiedconfirmed by telecopier, delivered to by the telegraph company or confirmed by telex answerback, respectively, except that notices and communications or (ii) when hand delivered, be effective when actually delivered to the Agent pursuant to Article II, III or VII shall not be effective until received by the Agentaddress for notices herein. Delivery by 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.
(b) The Borrower hereby agrees that it will provide to the Administrative Agent all information, documents and other materials that it is obligated to furnish to the Administrative Agent pursuant to the Loan Documents, including, without limitation, all notices, requests, financial statements, financial and other reports, certificates and other information materials, but excluding any such 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 this Agreement prior to the scheduled date therefor, (c) provides notice of any default or event of default under this Agreement or (d) is required to be delivered to satisfy any condition precedent to the effectiveness of this Agreement and/or any borrowing or other extension of credit thereunder (all such non-excluded communications being referred to herein collectively as “Communications”), by transmitting the Communications in an electronic/soft medium in a format acceptable to the Administrative Agent to oxxxxxxxxxxxxxx@xxxxxxxxx.xxx. In addition, the Borrower agrees to continue to provide the Communications to the Administrative Agent in the manner specified in the Loan Documents but only to the extent requested by the Administrative Agent.
(c) The Borrower further agrees that the Administrative Agent may make the Communications available to the Lenders by posting the Communications on Intralinks or a substantially similar electronic transmission systems (the “Platform”). The Borrower acknowledges 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.
(d) 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 AFFILIATES OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, ADVISORS OR REPRESENTATIVES (COLLECTIVELY, “AGENT PARTIES”) HAVE ANY LIABILITY TO THE BORROWER, ANY LENDER OR ANY OTHER PERSON OR ENTITY FOR DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOSSES OR EXPENSES (WHETHER IN TORT, CONTRACT OR OTHERWISE) ARISING OUT OF THE BORROWER’S OR THE ADMINISTRATIVE AGENT’S TRANSMISSION OF 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.
(e) The Administrative Agent agrees that the receipt of the Communications by the Administrative Agent at its e-mail address set forth above shall constitute effective delivery of the Communications to the Administrative Agent for purposes of the Loan Documents. Each Lender agrees that notice to it (as provided in the next sentence) specifying that the Communications have been posted to the Platform shall constitute effective delivery of the Communications to such Lender for purposes of the Loan Documents. Each Lender agrees to notify the Administrative Agent in writing (including by electronic communication) from time to time of such Lender’s e-mail address to which the foregoing notice may be sent by electronic transmission and (ii) that the foregoing notice may be sent to such e-mail address.
(f) Nothing herein shall prejudice the right of the Administrative Agent or any Lender to give any notice or other communication pursuant to any Loan Document in any other manner specified in such Loan Document.
Appears in 1 contract
Samples: Credit Agreement (Nii Holdings Inc)
Notices, Etc. All notices and other communications provided for hereunder shall be in writing (including telecopier, telegraphic or telex communication) and mailed, telecopied, telegraphed, telexed or delivered, if to the Borrower, at its address at 0000 0xx Xxxxxxx/x Xxxxxxxxxxx Xxxxx, 0-00 Xxxx Xxxxxxxx, Xxxxxxxx, XX00, Xxxxxxx, XX 00000, AttentionXxxxxxxxx: TreasurerCorporate Secretary; if to any Initial Lender, at its Domestic Lending Office specified opposite its name on Schedule I hereto; if to any other Lender, at its Domestic Lending Office specified in the Assignment and Acceptance pursuant to which it became a Lender; and if to the Agent, at its address at Xxx Xxxx Xxxxx Xxx, Xxx XxxxxXxxxxx, Xxxxxxx Xxxxxxxx, Xxxxxxxx 00000, Attention: Xxxx XxxxxxBank Loan Syndications Department; or, as to the Borrower or the 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 Agent. All such notices and communications shall, when mailed, telecopied, telegraphed or telexed, be effective when deposited in the mails, telecopied, delivered to the telegraph company or confirmed by telex answerback, respectively, except that notices and communications to the Agent pursuant to Article II, III or VII shall not be effective until received by the Agent. Delivery by 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
Notices, Etc. All notices and other communications provided for hereunder shall be either (a) in writing (including telecopiertelegraphic, telegraphic telecopier or telex communication) and mailed, telegraphed, telecopied, telegraphed, telexed or deliveredotherwise delivered or (b) by electronic mail (if electronic mail addresses are designated as provided below) confirmed immediately in writing, if in the case of the Company or the Collateral Agent (as provided for the Trustee thereunder), addressed to the Borrower, it at its address at 0000 0xx Xxxxxx, Xxxxxxx, XX 00000, Attention: Treasurer; if to any Initial Lender, at its Domestic Lending Office specified opposite its name on Schedule I hereto; if to any other Lender, at its Domestic Lending Office specified in the Assignment and Acceptance Indenture and, in the case of each Grantor other than the Company, addressed to it at its address set forth opposite such Grantor’s name on the signature pages hereto or on the signature page to the Security Agreement Supplement pursuant to which it became a Lender; and if to the Agent, at its address at Xxx Xxxx Xxx Xxxxx, Xxxxxxx Xxxxxxxx, 00000, Attention: Xxxx Xxxxxxparty hereto; or, as to the Borrower or the 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 Agentparties. All such notices and other communications shallshall be deemed to be given or made upon the earlier to occur of (a) actual receipt by the relevant party hereto and (b) (i) if delivered by hand or by courier, when mailedsigned for by or on behalf of the relevant party hereto; (ii) if delivered by mail, telecopied, telegraphed or telexed, be effective when deposited four (4) Business Days after deposit in the mails, telecopiedpostage prepaid; (iii) if delivered by facsimile, when sent and receipt has been confirmed; and (iv) if delivered to the telegraph company or confirmed by telex answerbackelectronic mail, respectively, except that notices and communications to the Agent pursuant to Article II, III or VII shall not be effective until received by the Agentwhen delivered. Delivery by telecopier or “pdf” of an executed counterpart of any amendment or waiver of any provision of this Agreement or the Notes or of any Exhibit Security Agreement Supplement or Schedule 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: Second Lien Security Agreement (Universal Hospital Services Inc)
Notices, Etc. All notices and other communications provided for hereunder shall be in writing (including telecopiertelegraphic, telegraphic telecopy, telex or telex cable communication) and mailed, telegraphed, telecopied, telegraphedtelexed, telexed cabled or delivered, if to the Borrower, at its address at 0000 0xx 00 Xxxx Xxxxxx, XxxxxxxXxx Xxxx, XX Xxx Xxxx 00000, Attention: TreasurerChief Financial Officer; if to any Initial LenderLender or Agent, at its Domestic Lending Office specified opposite its name on Schedule I hereto; if to any other Lender, at its Domestic Lending Office specified in the Assignment and Acceptance pursuant to which it became a Lender; and if to the Agent, at its address at Xxx Xxxx Xxx Xxxxx, Xxxxxxx Xxxxxxxx, 00000, Attention: Xxxx Xxxxxx; or, as to the Borrower or the 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 Agentparties. All such notices and communications shall, when mailed, telegraphed, telecopied, telegraphed telexed or telexedcabled, be effective when deposited in the mails, telecopied, delivered to the telegraph company or company, transmitted by telecopier, confirmed by telex answerbackanswerback or delivered to the cable company, respectively, except that notices and communications to the an Agent pursuant to Article II, III or VII shall not be effective until received by the such Agent. Delivery by 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
Notices, Etc. All notices and other communications provided for hereunder shall be in writing (including telecopier, telegraphic or telex communication) and mailed, telecopied, telegraphed, telexed or delivered, if to the Borrower, at its address at 0000 0xx 1150 00xx Xxxxxx, XxxxxxxX.X., XX Xxxxxxxxxx, X.X. 00000, AttentionXxtention: Treasurer; if to any Initial Lender, at its Domestic Lending Office specified opposite its name on Schedule I hereto; if to any other Lender, at its Domestic Lending Office specified in the Assumption Agreement or the Assignment and Acceptance pursuant to which it became a Lender; and if to the Agent, at its address at 1 Coxxx Xxxxxx, Xxxx Xxxxxx Xxxx, Xxx Xxxx Xxx Xxxxx, Xxxxxxx Xxxxxxxx, 00000, AttentionXxtention: Xxxx XxxxxxBrucx XxxXxxxxx; orxx, as to the Borrower or the 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 Agent. All such notices and communications shall, when mailedhand delivered, telecopied, telegraphed or telexed, be effective when deposited in the mails, telecopied, delivered to the telegraph company or confirmed by telex answerback, respectively, except that notices and communications to the Agent pursuant to Article II, III or VII shall not be effective until received by the Agentreceived. Delivery by 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
Notices, Etc. All notices and other communications provided for hereunder shall be in writing (including telecopiertelecopy, telegraphic telegraphic, or telex communication) cable communication and telecopied, mailed, telecopied, telegraphed, telexed cabled, or delivered, if to the Borrower, at its address at 0000 0xx P.O. Xxx 0, 000 Xxxxxx Xxxxxx, XxxxxxxXxxx Xxxxx, XX Xxxxx 00000, Attention: Treasurer; if xx to any Initial LenderBank listed on SCHEDULE I hereto, at its Domestic Lending Office Notice Address specified opposite its name on Schedule SCHEDULE I hereto; if to any other LenderBank, at its Domestic Lending Office office specified in the Assignment and Acceptance pursuant to which it became a LenderBank; and if to the Administrative Agent, at its address at Xxx Texas Commerce Tower, Energy Department, 2200 Xxxx Xxx XxxxxXxxxxx, Xxxxxxx Xxxxxxxx3rd Floor, 00000Dallas, Texas 75201, Attention: Xxxx XxxxxxTimoxxx X. Xxxxx; orxx, 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, when telecopied, mailed, telecopiedtelegraphed, telegraphed or telexedcabled, be effective when sent by telecopy, deposited in the mails, telecopied, delivered to the telegraph company company, or confirmed by telex answerbackdelivered to the cable company, respectively, except that notices and communications to the Administrative Agent pursuant to Article II, III ARTICLE 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 telecopier of an executed counterpart it to be genuine and made by the proper party or 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 the Notes 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: Competitive Advance/Revolving Credit Agreement (Union Pacific Resources Group Inc)
Notices, Etc. All notices and other communications provided for hereunder shall be in writing (including telecopier, telegraphic or telex telecopier communication) and mailed, telecopied, telegraphed, telexed telecopied or delivered, if to the Borrower, at its address at 0000 0xx Xxxxxx00 Xxxxxxxx Xxxxx, XxxxxxxXxxxxxxxxxx, XX Xxxxxxxxxxxxx 00000, Attention: TreasurerVice President and Director of Corporate Finance; if to any Initial Lender, at its Domestic Lending Office specified opposite its name on Schedule I hereto; if to any other Lender, at its Domestic Lending Office specified in the Assignment and Acceptance pursuant to which it became a Lender; and if to the Administrative Agent, at its address at Xxx Xxxx Xxx Xxxxx000 Xxxxxxx Xxxxxx, Xxxxxxx XxxxxxxxXXXX00000X, Xxxxxx, Xxxxxxxxxxxxx 00000, Attention: Xxxx XxxxxxXxxxx Xxxx; 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, when mailed, mailed or telecopied, telegraphed or telexed, be effective when deposited in the mails, mails or telecopied, delivered to the telegraph company or confirmed 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 telecopier of an executed counterpart of any amendment or waiver of any provision of this Agreement or and 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
Notices, Etc. All notices and other communications provided for hereunder shall be in writing (including telecopier, telecopier or telegraphic or telex communication) and mailed, telecopied, telegraphed, telexed telegraphed or delivered, if to the BorrowerHolding Company or to the Operating Company, at its address at 0000 0xx Xxxxxx000 Xxxxxxxx, XxxxxxxXxx Xxxx, XX Xxx Xxxx 00000, Attention: TreasurerXxxx Xxxxxxx, Executive Vice President and Chief Financial Officer, and Xxxxxxx Xxxxx, Senior Vice President and General Counsel; if to any Initial Lender, at its Domestic Lending Office specified opposite its name on Schedule I hereto; if to any other Lender, at its Domestic Lending Office specified in the Assumption Agreement or the Assignment and Acceptance pursuant to which it became a Lender; and if to the Agent, at its address at Xxx Xxxx Xxxxx Xxx, Xxx XxxxxXxxxxx, Xxxxxxx Xxxxxxxx, Xxxxxxxx 00000, Attention: Xxxx XxxxxxBank Loan Syndications Department; or, as to the any Borrower or the 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 Agent. All such notices and communications shall, when mailed, telecopied, telegraphed telecopied or telexedtelegraphed, be effective when deposited in the mails, telecopied, telecopied or delivered to the telegraph company or confirmed by telex answerbackcompany, respectively, except that notices and communications to the Agent pursuant to Article II, III or VII shall not be effective until received by the Agent. Delivery by 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 (Scholastic Corp)
Notices, Etc. All notices and other communications ------------ provided for hereunder shall be in writing (including telecopier, telegraphic or telex telecopy communication) and mailed, telecopied, telegraphed, telexed telecopied or delivered, if to the Borrower, at its address at 0000 0xx XxxxxxXxxxxxxx Xxxx., Xxxxx 000, Xxx Xxxxxxx, XX Xxxxxxxxxx, 00000, Attention: TreasurerXxxxx Xxxxxxx, with a copy to Xxx Xxxxxxxxx at the same address and a copy to Xxxxxx XxXxxxxxx at Xxxxxxxx & Xxxxxxxx, 000 Xxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000; if to any Initial LenderLender or Initial Issuing Bank, at its Domestic Lending Office specified opposite its name on Schedule I hereto; if to any other LenderLender Party, at its Domestic Lending Office specified in the Assignment and Acceptance pursuant to which it became a LenderLender Party; and if to the Administrative Agent, at its address at 0000 Xxxxxxxx, Xxx Xxxx, Xxx Xxxx Xxx Xxxxx, Xxxxxxx Xxxxxxxx, 00000, Attention: Xxxx Xxxxx 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 other communications shall, when mailed, telecopied, telegraphed or telexedtelecopied, be effective when deposited in the mails, telecopied, delivered to the telegraph company or confirmed transmitted by telex answerbacktelecopier, respectively, except that notices and communications to the any Agent pursuant to Article II, III or VII shall not be effective until received by the such Agent. Delivery by telecopier of an executed counterpart of any amendment or waiver of any provision of this Agreement or the Notes 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
Notices, Etc. All notices and other communications provided for hereunder shall be in writing (including telecopier, telegraphic or telex communication) and mailed, telecopied, telegraphed, telexed telecopied or delivered, if to the either Borrower, at its their address at 0000 0xx XxxxxxXxx Xxxxx Xxxxxx Xxxxx, Xxxxxxx00xx xxxxx, XX Xxx Xxxx, Xxx Xxxx, 00000, Attention: TreasurerXxxxxx X. Xxxxx; if to any Initial Lender, at its Domestic Lending Office specified opposite its name on Schedule I hereto; if to any other Lender, hereto or at its Domestic Lending Office specified in the Assignment and Acceptance pursuant to which it became a Lender, as the case may be; and if to the Administrative Agent, at its address at Xxx Xxxx Xxx Xxxxxxx Xxxxx, Xxxxxxx XxxxxxxxXxx Xxxx, Xxx Xxxx 00000, Attention: Xxxx XxxxxxXxx Xxxxx; 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, when mailed, mailed or telecopied, telegraphed or telexed, be effective when deposited in the mails, mails or telecopied, delivered to the telegraph company or confirmed 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 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: Revolving Credit Agreement (Ambac Financial Group Inc)
Notices, Etc. All notices and Except as otherwise specified herein, all notices, requests, demands or other communications provided for hereunder to or upon the respective parties hereto shall be in writing (including telecopiersent or delivered by mail, telegraphic telecopy or telex communication) courier service and mailed, telecopied, telegraphed, telexed or delivered, if to the Borrower, at its address at 0000 0xx Xxxxxx, Xxxxxxx, XX 00000, Attention: Treasurer; if to any Initial Lender, at its Domestic Lending Office specified opposite its name on Schedule I hereto; if to any other Lender, at its Domestic Lending Office specified in the Assignment and Acceptance pursuant to which it became a Lender; and if to the Agent, at its address at Xxx Xxxx Xxx Xxxxx, Xxxxxxx Xxxxxxxx, 00000, Attention: Xxxx Xxxxxx; or, as to the Borrower or the 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 Agent. All all such notices and communications shall, when mailed, telecopied, telegraphed telecopied or telexedsent by courier, be effective when deposited in the mails, telecopied, mails or delivered to the telegraph company overnight courier, as the case may be, or confirmed sent by telex answerback, respectivelytelecopier, except that notices and communications to the Agent pursuant to Article II, III Pledgee or VII any Pledgor shall not be effective until received by the AgentPledgee or such Pledgor, as the case may be. Delivery by 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 All notices and delivered hereunder other communications shall be effective in writing and addressed as delivery follows:
(a) if to any Pledgor, to the care of a manually executed counterpart thereofthe U.S. Borrower as provided in Section 13.03 of the DIP Credit Agreement;
(b) if to the Pledgee, at: Deutsche Bank Trust Company Americas 00 Xxxx Xxxxxx, XX XXX00-0000 Xxx Xxxx, XX 00000-0000 Attention: Xxxx Xxxxxx Facsimile: 000 000-0000
(c) if to any DIP Lender Creditor, either (x) to the Administrative Agent, at the address of the Administrative Agent specified in the DIP Credit Agreement, or (y) at such address as such DIP Lender Creditor shall have specified in the DIP Credit Agreement;
(d) if to any Other DIP Creditor, at such address as such Other DIP Creditor shall have specified in writing to the Pledgors and the Pledgee; and
(e) if to any Post Petition Cash Management Creditor, at such address as such Post Petition Cash Management Creditor shall have specified in writing to each Assignor and the Collateral Agent; or at such other address or addressed to such other individual as shall have been furnished in writing by any Person described above to the party required to give notice hereunder.
Appears in 1 contract
Notices, Etc. All notices and other communications provided for hereunder shall be in writing (including telecopier, telegraphic or telex communication) and mailed, telecopied, telegraphed, telexed or delivered, if to the Borrower, at its address at 0000 0xx XxxxxxXxx Xxxxxxxx Xxxxxxxxxx Xxxxx, XxxxxxxXxxxxxxx, XX Xxx Xxxx 00000-0000, Telecopier: (000) 000-0000, Attention: General Treasurer, with a copy (other than in the case of administrative notices) to Attention: General Counsel, Telecopier (000) 000-0000; if to any Initial LenderBank, at its Domestic Lending Office specified opposite its name on Schedule I hereto; if to any other Lender, at its Domestic Lending Office specified in the Assumption Agreement or the Assignment and Acceptance pursuant to which it became a Lender; and if to the Agent, at its address at Xxx Xxxx Xxxxx Xxx, Xxx XxxxxXxxxxx, Xxxxxxx Xxxxxxxx, Xxxxxxxx 00000, Attention: Xxxx XxxxxxBank Loan Syndications Department; or, as to the Borrower or the 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 Agent. All such notices and communications shall, when mailed, telecopied, telegraphed or telexed, be effective when deposited in the mails, telecopied, delivered to the telegraph company or confirmed by telex answerback, respectively, except that notices and communications to the Agent pursuant to Article II, III or VII shall not be effective until received by the Agent. Delivery by 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 (Computer Associates International Inc)
Notices, Etc. All notices and other communications provided for hereunder shall be either (i) in writing (including telecopiertelegraphic, telegraphic telecopier or telex communication) and mailed, telegraphed, telecopied, telegraphed, telexed or deliveredotherwise delivered or (ii) by electronic mail (if electronic mail addresses are designated as provided below) confirmed immediately in writing, if in the case of the Lender, addressed to it at its address at DB Advisors LLC, 000 Xxxx Xxxxxx, 0xx Xxxxx, Xxx Xxxx, XX 00000; in the Borrowercase of the Collateral Agent, addressed to it at its address at 0000 0xx XxxxxxXxxx Xx. Xxxxxx Xxxxx, XxxxxxxSanta Ana, XX 00000California 92705, AttentionAttn: TreasurerPac West Telecomm; if and in the case of each Grantor, addressed to any Initial Lender, it at its Domestic Lending Office specified address set forth opposite its such Grantor’s name on Schedule I hereto; if the signature pages hereto or on the signature page to any other Lender, at its Domestic Lending Office specified in the Assignment and Acceptance Security Agreement Supplement pursuant to which it became a Lender; and if to the Agent, at its address at Xxx Xxxx Xxx Xxxxx, Xxxxxxx Xxxxxxxx, 00000, Attention: Xxxx Xxxxxxparty hereto; or, as to the Borrower or the 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 Agentparties. All such notices and other communications shall, when mailed, telegraphed, telecopied, telegraphed telexed, sent by electronic mail or telexedotherwise, be effective when deposited in the mails, telecopied, delivered to the telegraph company or company, telecopied, confirmed by telex answerback, sent by electronic mail and confirmed in writing, or otherwise delivered (or confirmed by a signed receipt), respectively, addressed as aforesaid; except that notices and other communications to the Collateral Agent pursuant to Article II, III or VII shall not be effective until received by the Collateral Agent. Delivery by telecopier of an executed counterpart of any amendment or waiver of any provision of this Agreement or the Notes or of any Exhibit Security Agreement Supplement or Schedule 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: Guaranty and Security Agreement (Pac-West Telecomm Inc)
Notices, Etc. (a) All notices and other communications provided for hereunder shall be either (x) in writing (including telecopier, telegraphic or telex telecopier communication) and mailed, telecopied, telegraphed, telexed telecopied or delivered, or (y) to the extent set forth in Section 8.02(b) and in the proviso to this Section 8.02(a), by electronic mail (in .PDF form) (“Email”), confirmed reasonably promptly thereafter in writing, if to any Borrower party hereto on the Closing Date, at the address of such Person set forth on the signature pages hereto; if to any Additional Borrower, to such Person at its the address at 0000 0xx Xxxxxx, Xxxxxxx, XX 00000, Attention: Treasurerspecified therefor in the applicable Borrower Accession Agreement; if to any Initial Lender, at its Domestic Lending Office specified opposite its name on Schedule I hereto; if to any other Lender, at its Domestic Lending Office specified in the Assignment and Acceptance pursuant to which it became a Lender, as the case may be; and if to the Agent, at its address at Txx Xxxxx Xxx, Xxx Xxxx Xxx XxxxxXxxxxx, Xxxxxxx Xxxxxxxx, Xxxxxxxx 00000, Attention: Xxxx Xxxxxx; or, as to the any Borrower or the 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 each of the Borrower Borrowers and the Agent; provided, that Notices of Revolving Credit Borrowing, Notices of Competitive Bid Borrowing and materials delivered pursuant to Section 5.01(d)(i) and (d)(iii) shall be delivered to the Agent as specified in Section 8.02(b) or as otherwise specified to P&G by the Agent. All such notices and communications shall, when mailed, telecopied, telegraphed telecopied or telexedEmailed, be effective when deposited in the mails, telecopied, delivered to the telegraph company telecopied or confirmed by telex answerbackEmail, respectively, except that notices and communications to the Agent pursuant to Article II, II or III or VII shall not be effective until received by the Agent. Delivery by telecopier or facsimile of an executed counterpart of any amendment or waiver of any provision of this Agreement or the Notes any other Loan Document or of any Exhibit hereto or thereto to be executed and delivered hereunder shall be effective as delivery of a manually executed counterpart thereof.
(b) Notices of Revolving Credit Borrowing, Notices of Competitive Bid Borrowing and materials required to be delivered pursuant to Section 5.01(d)(i) and (d)(iii) may be delivered to the Agent in an electronic medium in a format acceptable to the Agent by Email at oxxxxxxxxxxxxxx@xxxxxxxxx.xxx, or such other email address as the Agent shall specify in writing to each of the Borrowers. Each of the Borrowers agrees that the Agent may make such materials, as well as any other written information, documents, instruments and other material relating to each of the Borrowers, any of its Subsidiaries or any other materials or matters relating to this Agreement, any of the other Loan Documents or any of the transactions contemplated hereby or thereby (collectively, the “Communications”) available to the Lenders by posting such notices on Intralinks or a substantially similar electronic system reasonably approved by P&G (the “Platform”). Although the primary web portal is secured with a dual firewall and a User ID/Password Authorization System and the Platform is secured through a single user per deal authorization method whereby each user may access the Platform only on a deal-by-deal basis, each of the Borrowers acknowledges that (i) the distribution of material through an electronic medium is not necessarily secure and that there may be confidentiality and other risks associated with such distribution, (ii) the Platform is provided “as is” and “as available” and (iii) neither the Agent nor any of its Affiliates warrants the accuracy, adequacy or completeness of the Communications or the Platform and each expressly disclaims liability for errors or omissions in the Communications or the Platform. 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 or any of its Affiliates in connection with the Platform.
(c) Each Lender agrees that notice to it (as provided in the next sentence) (a “Notice”) specifying that any Communications have been posted to the Platform shall constitute effective delivery of such information, documents or other materials to such Lender for purposes of this Agreement. Each Lender agrees (i) to notify the Agent in writing of such Lender’s Email address to which a Notice may be sent by electronic transmission (including by electronic communication) on or before the date such Lender becomes a party to this Agreement (and from time to time thereafter to ensure that the Agent has on record an effective Email address for such Lender) and (ii) that any Notice may be sent to such Email address.
Appears in 1 contract
Notices, Etc. (a) All notices and other communications provided for hereunder shall be either (x) in writing (including telecopier, telecopier or telegraphic or telex communication) and mailed, telecopied, telegraphed, telexed 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, at its address at 0000 0xx 000 Xxxxxxxxxx Xxxxxx, XxxxxxxXx. Xxxx, XX Minnesota 55102 (with a copy to Xxx Xxxxx Xxxxxx, Xxxxxxxx, Xxxxxxxxxxx 00000), Attention: Senior Vice President and Treasurer; , with a copy to Corporate Secretary, if to any Initial Lender, at its Domestic Lending Office specified opposite its name on Schedule I hereto; if to any other Lender, at its Domestic Lending Office specified in the Assumption Agreement or the Assignment and Acceptance pursuant to which it became a Lender; and if to the Agent, at its address at Xxx Xxxx Xxxxx Xxx, Xxx XxxxxXxxxxx, Xxxxxxx Xxxxxxxx, Xxxxxxxx 00000, Attention: Xxxx XxxxxxBank Loan Syndications Department; or, as to the Borrower or the 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 Agent, provided that materials required to be delivered pursuant to Section 5.01(i)(i), (ii), (iii) 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, when mailed, telecopied, telegraphed or telexede-mailed, be effective when deposited in the mails, telecopied, delivered to the telegraph company or confirmed by telex answerbacke-mail, respectively, except that notices and communications to the Agent pursuant to Article II, III or VII shall not be effective until received by the Agent. Delivery by 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.
(b) If the Borrower and the Agent agree that an electronic medium may be used for the distribution of material, so long as Citicorp or any of its Affiliates is the Agent, materials required to be delivered pursuant to Section 5.01(i)(i), (ii), (iii) and (iv) may be delivered to the Agent in an electronic medium in a format acceptable to the Agent and the Lenders by e-mail at xxxxxxxxxxxxxxx@xxxxxxxxx.xxx. The Borrower agrees that the Agent may make such materials, as well as any other written information, documents, instruments and other material relating to the Borrower, any of its Subsidiaries or any other materials or matters relating to this Agreement, the Notes or any of the transactions contemplated hereby (collectively, the “Communications”) available to the Lenders by posting such notices on Intralinks or a substantially similar electronic system (the “Platform”).
(c) Each Lender agrees that notice to it (as provided in the next sentence) (a “Notice”) specifying that any Communications have been posted to the Platform shall constitute effective delivery of such information, documents or other materials to such Lender for purposes of this Agreement; provided that if requested by any Lender the Agent shall deliver a copy of the Communications to such Lender by email or telecopier. Each Lender agrees (i) to notify the Agent in writing of such Lender’s e-mail address to which a Notice may be sent by electronic transmission (including by electronic communication) on or before the date such Lender becomes a party to this Agreement (and from time to time thereafter to ensure that the Agent has on record an effective e-mail address for such Lender) and (ii) that any Notice may be sent to such e-mail address.
Appears in 1 contract
Notices, Etc. All notices and other communications provided for hereunder shall be either (i) in writing (including telecopiertelegraphic, telegraphic telecopier or telex communication) and mailed, telegraphed, telecopied, telegraphed, telexed or deliveredotherwise delivered or (ii) by electronic mail (if electronic mail addresses are designated as provided below) confirmed immediately in writing, if in the case of the Borrower or the Administrative Agent, addressed to it at its address specified in the Credit Agreement and, in the case of each Grantor other than the Borrower, addressed to it at its address at 0000 0xx Xxxxxx, Xxxxxxx, XX 00000, Attention: Treasurer; if to any Initial Lender, at its Domestic Lending Office specified set forth opposite its such Grantor's name on Schedule I hereto; if the signature pages hereto or on the signature page to any other Lender, at its Domestic Lending Office specified in the Assignment and Acceptance Security Agreement Supplement pursuant to which it became a Lender; and if to the Agent, at its address at Xxx Xxxx Xxx Xxxxx, Xxxxxxx Xxxxxxxx, 00000, Attention: Xxxx Xxxxxxparty hereto; or, as to the Borrower or the 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 Agentparties. All such notices and other communications shall, when mailed, telegraphed, telecopied, telegraphed telexed, sent by electronic mail or telexedotherwise, be effective when deposited in the mails, telecopied, delivered to the telegraph company or company, telecopied, confirmed by telex answerback, sent by electronic mail and confirmed in writing, or otherwise delivered (or confirmed by a signed receipt), respectively, addressed as aforesaid; except that notices and other communications to the Administrative Agent pursuant to Article II, III or VII shall not be effective until received by the Administrative Agent. Delivery by telecopier of an executed counterpart of any amendment or waiver of any provision of this Agreement or the Notes or of any Exhibit Security Agreement Supplement or Schedule 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 (Macdermid Inc)
Notices, Etc. All notices and other communications provided for hereunder shall be in writing (including telecopiertelegraphic, telegraphic telecopy or telex communication) and mailed, telegraphed, telecopied, telegraphed, telexed or delivered, if to the Borrower, at its address at 0000 0xx Xxxxxx10470 Xxxx Xxxxxxx Xxxxx, Xxxxxxx, XX 00000Littleton CO 80124, Attention: TreasurerMark Xxxxxx; if xx to any Initial Lender, at its Domestic Lending Office specified opposite its name on Schedule I hereto; if to any other Lender, at its Domestic Lending Office specified in the Assignment and Acceptance pursuant to which it became a Lender; and if to the Administrative Agent, at its address at 1633 Xxxxxxxx, 00xx Xxxxx, Xxx Xxxx, Xxx Xxxx Xxx Xxxxx, Xxxxxxx Xxxxxxxx, 00000, AttentionXxtention: Xxxx Jamex Xxxxxx, xxlephone: (212) 000-0000; xxcsimile: (212) 000-0000 (xx - 1866); 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, when mailed, telecopiedtelegraphed, telegraphed telecopied or telexed, be effective when deposited in the mails, telecopied, delivered to the telegraph company company, transmitted by telecopier or confirmed 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 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
Notices, Etc. All notices and other communications provided for hereunder shall be in writing (including telecopiertelegraphic, telegraphic telecopy or telex communication) and mailed, telegraphed, telecopied, telegraphed, telexed or delivered, if to the Borrower, at its address at 0000 0xx Xxxxxx00000 Xxxxxx Xxxxxxx Xxxxx 0000, Xxxxxxx, XX Xxxxx 00000, Attention: TreasurerXxxxx X. Xxxxxxx; if to any Initial Lender, at its Domestic Lending Office specified opposite its name on Schedule I hereto; if to any other Lender, at its Domestic Lending Office specified in the Assignment and Acceptance pursuant to which it became a Lender; and if to the Administrative Agent, at its address at 0000 Xxxxxxxx, 00xx Xxxxx, Xxx Xxxx, Xxx Xxxx Xxx Xxxxx, Xxxxxxx Xxxxxxxx, 00000, Attention: Xxxx Xxxxx 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 other communications shall, when mailed, telecopiedtelegraphed, telegraphed telecopied or telexed, be effective when deposited in the mails, telecopied, delivered to the telegraph company company, transmitted by telecopier or confirmed by telex answerback, respectively, except that notices and communications to the any Agent pursuant to Article II, III or VII VIII shall not be effective until received by the such Agent. Delivery by 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
Notices, Etc. All Except as otherwise expressly provided herein, all notices and other communications provided for hereunder under the Loan Documents shall be in writing (including telecopier, telegraphic telecopy or telex communication) and mailed, telecopied, telegraphed, telexed telecopied or hand delivered, :
(i) if to the Borrower, to it in care of NUSCO at its address at 0000 0xx 000 Xxxxxx Xxxxxx, XxxxxxxXxxxxx, XX Xxxxxxxxxxx 00000, Attention: Assistant Treasurer; , telecopier number: (000) 000-0000, confirm number: (000) 000-0000;
(ii) if to any Initial Lender, at its Domestic Lending Office specified opposite its name on Schedule I hereto; if to any other Lender, at its Domestic Lending Office specified in Schedule I or in the Lender Assignment and Acceptance pursuant to which it became a Lender; and and
(iii) if to the Administrative Agent, at its address at Xxx Xxxx Xxx Xxxxxto Toronto Dominion (Texas), Xxxxxxx XxxxxxxxInc., 000 Xxxxxx, Xxxxx 0000, Xxxxxxx, XX 00000, Attention: Xxxx Xxxxxx; Attention of Manager, Agency (Telecopy No. (000) 000-0000). or, as to the Borrower or the 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 Agentparties. All such notices and communications shall, when mailed, telecopied, telegraphed telexed or telexedhand delivered, be effective five days after when deposited in the mails, or when telecopied, delivered to the telegraph company or when confirmed by telex answerback, or when delivered, respectively, except that notices and communications to the Administrative Agent pursuant to Article II, III III, IV or VII IX shall not be effective until received by the Administrative Agent. Delivery With respect to any telephone notice given or received by telecopier the Administrative Agent pursuant to Section 3.03 hereof, the records 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 Administrative Agent shall be effective as delivery of a manually executed counterpart thereofconclusive for all purposes.
Appears in 1 contract
Notices, Etc. All notices and other communications provided for hereunder shall be in writing (including telecopier, telegraphic or telex communication) and mailed, telecopied, telegraphed, telexed or delivered, if to the Borrower, at its address at 0000 0xx Xxxxxx, Xxxxxxx, XX 00000, Attention: Treasurer; if to any Initial Lender, at its Domestic Lending Office specified opposite its name on Schedule I hereto; if to any other Lender, at its Domestic Lending Office specified in the Assignment and Acceptance pursuant to which it became a Lender; and if to the Agent, at its address at 000 Xxxxxxxx, Xxx Xxxx, Xxx Xxxx Xxx Xxxxx, Xxxxxxx Xxxxxxxx, 00000, Attention: Xxxx XxxxxxXxxxxxx Xxxxx and Xxx Xxxxx; or, as to the Borrower or the 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 Agent. All such notices and communications shall, when mailed, telecopied, telegraphed or telexed, be effective when deposited in the mails, telecopied, delivered to the telegraph company or confirmed by telex answerback, respectively, except that notices and communications to the Agent pursuant to Article II, III or VII shall not be effective until received by the Agent. Delivery by 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 (Dte Energy Co)
Notices, Etc. (a) All notices and other communications provided for hereunder shall be either (x) in writing (including telecopier, telegraphic or telex communication) and mailed, 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 any Borrower, at its the Company’s address at 0000 0xx XxxxxxPark 00 Xxxx, XxxxxxxXxxxxx Xxxxx, XX Xxx Xxxxxx 00000, Attention: Treasurer, with a copy to Attention: General Counsel; if to any Initial Lender, at its Domestic Lending Office specified opposite its name on Schedule I hereto; if to any other Lender, at its Domestic Lending Office specified in the Assumption Agreement or the Assignment and Acceptance pursuant to which it became a Lender; and if to the Agent, at its address at Xxx Xxxx Xxxxx Xxx, Xxx XxxxxXxxxxx, Xxxxxxx Xxxxxxxx, Xxxxxxxx 00000, Attention: Xxxx XxxxxxBank Loan Syndications Department; or, as to the Borrower Company or the 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 Agent, provided that materials required to be delivered pursuant to Section 5.01(a)(i), (ii) or (v) shall be delivered to the Agent as specified in Section 9.02(b) or as otherwise specified to the Company by the Agent. All such notices and communications shall, when mailed, telecopied, telegraphed or telexede-mailed, be effective when deposited in the mails, telecopied, delivered to the telegraph company or confirmed by telex answerbacke-mail, respectively, except that notices and communications to the Agent pursuant to Article II, III or VII VIII shall not be effective until received by the Agent. Delivery by 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.
(b) So long as CUSA or any of its Affiliates is the Agent, materials required to be delivered pursuant to Section 5.01(a)(i), (ii) and (v) shall be delivered to the Agent in an electronic medium in a format acceptable to the Agent and the Lenders by e-mail at xxxxxxxxxxxxxxx@xxxxxxxxx.xxx. The Company agrees that the Agent may make such materials, as well as any other written information, documents, instruments and other material relating to the Company, any of its Subsidiaries or any other materials or matters relating to this Agreement, the Notes or any of the transactions contemplated hereby (collectively, the “Communications”) available to the Lenders by posting such notices on Intralinks or a substantially similar electronic system (the “Platform”). The Company acknowledges that (i) the distribution of material through an electronic medium is not necessarily secure and that there are confidentiality and other risks associated with such distribution, (ii) the Platform is provided “as is” and “as available” and (iii) neither the Agent nor any of its Affiliates warrants the accuracy, adequacy or completeness of the Communications or the Platform and each expressly disclaims liability for errors or omissions in the Communications or the Platform. 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 or any of its Affiliates in connection with the Platform.
(c) Each Lender agrees that notice to it (as provided in the next sentence) (a “Notice”) specifying that any Communications have been posted to the Platform shall constitute effective delivery of such information, documents or other materials to such Lender for purposes of this Agreement; provided that if requested by any Lender the Agent shall deliver a copy of the Communications to such Lender by email or telecopier. Each Lender agrees (i) to notify the Agent in writing of such Lender’s e-mail address to which a Notice may be sent by electronic transmission (including by electronic communication) on or before the date such Lender becomes a party to this Agreement (and from time to time thereafter to ensure that the Agent has on record an effective e-mail address for such Lender) and (ii) that any Notice may be sent to such e-mail address.
Appears in 1 contract
Notices, Etc. All notices and other communications provided for hereunder shall be in writing (including telecopier, telegraphic or telex communication) and mailed, telecopied, telegraphed, telexed or delivered, if to the Borrower, at its address at 0000 0xx 200 Xxxxxx Xxxxxx, Xxxxxxx, XX 00000, AttentionXxtention: TreasurerChrixxxxxxx X. Xxxxxx; if xx to any Initial Lender, at its Domestic Lending Office specified opposite its name on Schedule I hereto; if to any other Lender, at its Domestic Lending Office specified in the Assignment and Acceptance pursuant to which it became a Lender; and if to the Agent, at its address at Xxx One Xxxxx Xxxxxx, Xxxx Xxx XxxxxXxxxxx Xxxx, Xxxxxxx Xxxxxxxx, XX 00000, AttentionXxtention: Xxxx XxxxxxShawx Xxxxxxx; orxx, as to the Borrower or the 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 Agent. All such notices and communications shall, when mailed, telecopied, telegraphed or telexed, be effective when deposited in the mails, telecopied, delivered to the telegraph company or confirmed by telex answerback, respectively, except that notices and communications to the Agent pursuant to Article II, III or VII shall not be effective until received by the Agent. Delivery by 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 (Detroit Edison Co)
Notices, Etc. All notices and other communications provided for hereunder shall be in writing (including telecopier, telegraphic or telex communication) and mailed, telecopied, telegraphed, telexed or delivered, if to the Borrower, at its address at 0000 0xx Xxxxxx, Xxxxxxx, XX 00000, Attention: Treasurer; if to any Initial Lender, at its 36 SIDLEY XXXXXX XXXXX & XXXX LLP Domestic Lending Office specified opposite its name on Schedule I hereto; if to any other Lender, at its Domestic Lending Office specified in the Assignment and Acceptance pursuant to which it became a Lender; and if to the Agent, at its address at Xxx Xxxx Xxx Xxxxx, Xxxxxxx 000 Xxxxxxxx, Xxx Xxxx, XX 00000, Attention: Xxxx XxxxxxXxxxxxx Xxxxx and Xxxxxxxx Xxxxxxxxx; or, as to the Borrower or the 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 Agent. All such notices and communications shall, when mailed, telecopied, telegraphed or telexed, be effective when deposited in the mails, telecopied, delivered to the telegraph company or confirmed by telex answerback, respectively, except that notices and communications to the Agent pursuant to Article II, III or VII shall not be effective until received by the Agent. Delivery by 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 (Detroit Edison Co)
Notices, Etc. All notices and other communications provided for hereunder shall be in writing (including telecopier, telegraphic or telex telecopier communication) and mailed, telecopied, telegraphed, telexed telecopied or delivered, if to the Borrower, at its address at 0000 0xx Xxxxxx2000 Xxx Xxxxxxxxxx Xxxx, XxxxxxxXxxxxx Xxxxx, XX Xxxxxxx 00000, Attention: TreasurerJxxxx Xxxxx; if to any Initial Lender, at its Domestic Lending Office specified opposite its name on Schedule I hereto; if to any other Lender, at its Domestic Lending Office specified in the Assumption Agreement or the Assignment and Acceptance pursuant to which it became a Lender; and if to the Agent, at its address at Xxx Xxxx Xxx Xxxxx200 Xxxxx Xxxxxxx Xxxxxx, Xxxxxxx XxxxxxxxXxxxxxxxx, XX 00000-0000, Attention: Xxxx XxxxxxSyndication Agency Services; or, as to the Borrower or the 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 Agent. All such notices and communications shall, when mailed, mailed or telecopied, telegraphed or telexed, be effective when deposited in the mails, mails or telecopied, delivered to the telegraph company or confirmed by telex answerback, respectively, except that notices and communications to the Agent pursuant to Article II, III or VII shall not be effective until received by the Agent. Delivery by 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 (Office Depot Inc)
Notices, Etc. All notices and other communications provided for hereunder shall be in writing (including telecopier, telegraphic or telex communicationfax communication and any other method of communication authorized by the Lender) and mailed, telecopied, telegraphed, telexed faxed or delivered, if sent by a reputable overnight courier or delivery service to the Borrower, at its the Borrower’s address at 0000 0xx XxxxxxXxxxxxx Xx., XxxxxxxXxxxxxxx, XX 0000000000 or fax number (000) 000-0000, Attention: TreasurerXxxxx Xxxxx (with copy to General Counsel fax (000) 000-0000); if to any Initial Lender, at its Domestic Lending Office specified opposite its name on Schedule I hereto; if to any other Lender, at its Domestic Lending Office specified in the Assignment and Acceptance pursuant to which it became a Lender; and or if to the AgentLender, at its address at Xxxxxx Xxxxxxx Private Bank, National Association, c/o Morgan Xxxxxxx Xxxxx Xxxxxx LLC, 0000 Xxxxxxxxxxx Xxxxxx, Xxxxx 0XX, Xxxxxxxx, Xxx Xxxx Xxx Xxxxx, Xxxxxxx Xxxxxxxx, 00000, Attention: Xxxx Xxxxxxor fax number (000) 000-0000; or, as to the Borrower or the Agent, Lender at such other address or fax number as shall be designated by such party in a written notice to the other parties andparty or, in the case of a change of the Borrower’s address or fax number, as to each other party, at such other address as shall may be designated requested by such party in a written notice to the Borrower by telephonic notice and confirmed in writing by the AgentLender. All such notices and communications shall, when mailed, telecopied, telegraphed or telexedfaxed, be effective upon the faxing thereof or, when deposited sent by reputable overnight courier or delivery system, be effective on the Business Day following the day when the same is sent in the mails, telecopied, delivered to the telegraph company or confirmed by telex answerback, respectivelysuch manner, except that notices and communications to the Agent Lender pursuant to Article II, III or VII II shall not be effective until received by the AgentLender. Delivery by telecopier facsimile or other electronic means of an executed counterpart of any amendment or waiver of any provision of this Agreement or the Notes or of any Exhibit schedule or exhibit hereto to be executed and delivered hereunder shall be as effective as delivery of a manually an original executed counterpart thereof. The foregoing Basic Terms are incorporated into and made a part of this Agreement.
Appears in 1 contract
Samples: Line of Credit Agreement (Isis Pharmaceuticals Inc)
Notices, Etc. All notices and other communications provided for hereunder shall be in writing (including telecopiertelegraphic, telegraphic telecopy or telex communication) and mailed, telegraphed, telecopied, telegraphed, telexed or delivered, if delivered to the Borrower, at its address at 0000 0xx Xxxxxx111 West 40th Street, XxxxxxxNew York, XX NY 00000, AttentionXxxxxxxxx: TreasurerXxxxx Xxxxxxxxx Xxxxxxr, telecopier no. (212) 391-2341; if to 108 any Initial LenderRestatement Lender or the Issuing Bank, at its Domestic Lending Office specified opposite its name on Schedule I hereto; if to any other LenderLender Party, at its Domestic Lending Office specified in the Assignment and Acceptance pursuant to which it became a LenderLender Party; and if to the Agent, at its address at Xxx Xxxx Xxx Xxxxx499 Park Avenue, Xxxxxxx XxxxxxxxNew York, New York 00000, AttentionXxxxxxxxx: Xxxx XxxxxxXxxxxxxxxx Xxxxxxx Xxxup, telecopier number (212) 418-8269; or, as to the Borrower or the Agenteach partx, 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 Agentparties. All such notices and communications shall, when mailed, telecopiedtelegraphed, telegraphed telecopied or telexed, be effective when deposited in the mails, telecopied, delivered to the telegraph company company, transmitted by telecopier or confirmed by telex answerback, respectively, except that notices and communications to the Agent pursuant to Article II, III or VII shall not be effective until received by the Agent. Delivery by 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
Notices, Etc. All notices and other communications provided for hereunder shall be in writing (including telecopier, telecopier or telegraphic or telex communication) and mailed, telecopied, telegraphed, telexed telegraphed or delivered, if to the Borrower, at its address at 0000 0xx 000 Xxxxx Xxxxxxxx Xxxxxx, XxxxxxxXxxx, XX Xxxxxxxxxxxx 00000, Attention: Treasurer, Telephone: (000) 000-0000, Fax: (000) 000-0000; if to any Initial Lender, at its Domestic Lending Office specified opposite its name on Schedule I hereto; if to any other Lender, at its Domestic Lending Office specified in the Assignment and Acceptance pursuant to which it became a Lender; and if to the Agent, at its address at Xxx Xxxx Xxxxx Xxx, Xxx XxxxxXxxxxx, Xxxxxxx Xxxxxxxx, Xxxxxxxx 00000, Attention: Xxxx XxxxxxBank Loan Syndications Department; or, as to the Borrower or the 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 Agent. All such notices and communications shall, when mailed, telecopied, telegraphed telecopied or telexedtelegraphed, be effective when deposited in the mails, telecopied, telecopied or delivered to the telegraph company or confirmed by telex answerbackcompany, respectively, except that notices and communications to the Agent pursuant to Article II, III or VII shall not be effective until received by the Agent. Delivery by 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: 364 Day Credit Agreement (York International Corp /De/)
Notices, Etc. (a) All notices and other communications provided for hereunder shall be either (x) in writing (including telecopier, telegraphic or telex facsimile communication) and mailed, telecopied, telegraphed, telexed 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 Company or any other Borrower, to (or in care of) the Company, at its address at 0000 0xx XxxxxxXxxxxx xx xxx Xxxxxxxx, XxxxxxxXxx Xxxx, XX Xxx Xxxx 00000, Attention: TreasurerSenior Vice President of Finance and Treasurer (with a copy at the same address to the Senior Vice President and General Counsel); if to any Initial Lender, at its Domestic Lending Office specified opposite its name on Schedule I hereto; if to any other Lender, at its Domestic Lending Office specified in the Assignment and Acceptance Assumption pursuant to which it became a Lender; and if to the Agent, at its address at Xxx Xxxx Xxx XxxxxBuilding #3, Xxxxxxx Xxxxxxxx0000 Xxxxx Xxxx, 00000New Castle, Delaware 19720, Attention: Xxxx XxxxxxBank Loan Syndications Department; or, as to the Borrower Company or the 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 Company and the 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 and by the Agent. All such notices and communications shall, when mailed, telecopied, telegraphed telecopied or telexede-mailed, be effective when deposited in the mails, telecopied, delivered to the telegraph company telecopied or confirmed by telex answerbacke-mail, respectively, except that notices and communications to the Agent pursuant to Article II, III or VII shall not be effective until received by the Agent. Delivery by telecopier facsimile of an executed counterpart of any amendment or waiver of any provision of this Agreement or the any Notes or of any Exhibit hereto to be executed and delivered hereunder shall be effective as delivery of a manually executed counterpart thereof.
(b) So long as Citibank or any of its Affiliates is the Agent, materials required to be delivered pursuant to Sections 5.01(h)(i), (ii) and (iv) may be delivered to the Agent in an electronic medium in a format acceptable to the Agent and the Lenders by e-mail at xxxxxxxxxxxxxxx@xxxxxxxxx.xxx. Each Borrower agrees that the Agent may make such materials, as well as any other written information, documents, instruments and other material relating to such Borrower, any of its Subsidiaries or any other materials or matters relating to this Agreement, any Notes or any of the transactions contemplated hereby (collectively, the “Communications”) available to the Lenders by posting such notices on a password protected internet website such as Intralinks (the “Platform”). Each Borrower acknowledges that (i) the distribution of material through an electronic medium is not necessarily secure and that there are confidentiality and other risks associated with such distribution, (ii) the Platform is provided “as is” and “as available” and (iii) neither the Agent nor any of its Affiliates warrants the accuracy, adequacy or completeness of the Communications or the Platform and each expressly disclaims liability for errors or omissions in the Communications or the Platform. 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 or any of its Affiliates in connection with the Platform.
(c) Each Lender agrees that notice to it (as provided in the next sentence) (a “Notice”) specifying that any Communications have been posted to the Platform shall constitute effective delivery of such information, documents or other materials to such Lender for purposes of this Agreement; provided that if requested by any Lender the Agent shall deliver a copy of the Communications to such Lender by e-mail or telecopier. Each Lender agrees (i) to notify the Agent in writing of such Lender’s e-mail address or addresses to which a Notice may be sent by electronic transmission (including by electronic communication) on or before the date such Lender becomes a party to this Agreement (and from time to time thereafter to ensure that the Agent has on record an effective e-mail address(es) for such Lender) and (ii) that any Notice may be sent to such e-mail address or addresses.
Appears in 1 contract
Samples: Credit Agreement (Interpublic Group of Companies, Inc.)
Notices, Etc. All notices and other communications provided for hereunder shall be either (a) in writing (including telecopier, telegraphic or telex telecopier communication) and mailed, telecopied, telegraphed, telexed telecopied or deliveredotherwise delivered or (b) by electronic mail or other electronic means (if electronic mail addresses are designated as provided below), if to the Borrower, at its address at 0000 0xx Xxxxxx00000 Xxxxxxxxxx Xxxx, XxxxxxxXxxxxxxxxx, XX 00000-0000, Attention: Treasurer, Facsimile Number 000-000-0000 (with a copy to General Counsel, Allegheny Energy Supply Company, LLC, 00000 Xxxxxxxxxx Xxxx, Xxxxxxxxxx, XX 00000-0000 (Facsimile Number: 301-665-2736)); if to any Initial Springdale Lender, at its Domestic Lending Office specified opposite its name on Schedule I hereto; if to any other LenderI, or (as applicable) at its Domestic Lending Office specified in the Assignment and Acceptance pursuant to which it became a Springdale Lender; and if to the Springdale Lender Agent, at its address at Xxx Xxxx Xxx The Bank of Nova Scotia, New York Agency, 0 Xxxxxxx Xxxxx, Xxxxxxx XxxxxxxxXxx Xxxx, XX 00000, Attention: Xxxx XxxxxxJuliet X. X. Xxx, Facsimile Number 000-000-0000; or, as to the Borrower or the 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 Agentparties. All such notices and other communications shall, when mailed, telecopied, telegraphed telecopied or telexedsent by electronic mail or otherwise, be effective when deposited in the mails, telecopiedtelecopied or sent by electronic mail with confirmed delivery notice, or otherwise delivered to the telegraph company (or confirmed by telex answerbacka signed receipt), respectively, addressed as aforesaid, except that notices and communications to the Springdale Lender Agent pursuant to Article II, III or VII shall not be effective until received by the Springdale Lender Agent. Delivery by 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
Notices, Etc. All notices and other communications provided for hereunder shall be in writing (including telecopier, telegraphic or telex communicationfax communication and any other method of communication authorized by the Lender) and mailedfaxed or sent by a reputable overnight courier or delivery service to the Grantor, telecopiedat the Grantor’s address at c/o Sierra Fiduciary Support Services, telegraphed000 Xxxx Xxxxxxx Xxxxxx, telexed Xxxxx Xxxxx, Xxxx, Xxxxxx 00000, Attention: President, Tattva Fiduciary Company; or delivered, if to the BorrowerLender, at its address at Xxxxxx Xxxxxxx Private Bank, National Association, c/o Morgan Xxxxxxx Xxxxx Xxxxxx LLC, 0000 0xx Xxxxxxxxxxx Xxxxxx, XxxxxxxXxxxx 0XX, XX Xxxxxxxx, Xxx Xxxx 00000, Attention: Treasurer; if to any Initial LenderTailored Lending, at its Domestic Lending Office specified opposite its name on Schedule I hereto; if to any other Lender, at its Domestic Lending Office specified in the Assignment and Acceptance pursuant to which it became a Lender; and if to the Agent, at its address at Xxx Xxxx Xxx Xxxxx, Xxxxxxx Xxxxxxxx, 00000or fax number (000) 000-0000, Attention: Xxxx XxxxxxTailored Lending; or, as to the Borrower Grantor or the Agent, Lender at such other address or fax number as shall be designated by such party in a written notice to the other parties andparty or, in the case of a change of the Grantor’s address or fax number, as to each other party, at such other address as shall may be designated requested by such party the Grantor in a written notice writing to the Borrower and Lender or by any other means agreed to by the AgentLender. All such notices and communications shall, when mailed, telecopied, telegraphed or telexedfaxed, be effective upon the faxing thereof or, when deposited in the mailssent by reputable overnight courier or delivery system, telecopied, delivered to the telegraph company or confirmed by telex answerback, respectively, except that notices and communications to the Agent pursuant to Article II, III or VII shall not be effective until received by on the AgentBusiness Day following the day when the same is sent in such manner. Delivery by telecopier facsimile or other electronic means of an executed counterpart of any amendment or waiver of any provision of this Agreement or the Notes or of any Exhibit schedule or exhibit hereto to be executed and delivered hereunder shall be as effective as delivery of a manually an original executed counterpart thereof.
Appears in 1 contract
Notices, Etc. All Unless specifically provided otherwise in this Agreement, all notices and other communications provided for hereunder shall be in writing (including telecopier, telegraphic or telex cable communication) and mailed, telecopied, telegraphed, telexed cabled or delivered, if to the Borrower, at its address at 0000 0xx 00 Xxxxx Xxxx Xxxxxx, XxxxxxxXxxxx, XX Xxxx 00000, Attention: Treasurer, Telecopy: (000) 000-0000; if to any Initial LenderBank, at its Domestic Lending Office specified opposite its name on Schedule I hereto; if to any other Lender, at its Domestic Lending Office specified in the Assignment and Acceptance pursuant to which it became a Lender; and if to the Administrative Agent, at its address at Xxx Xxxx Xxxxx Xxx, Xxxxx 000, Xxx XxxxxXxxxxx, Xxxxxxx Xxxxxxxx, Xxxxxxxx 00000, Attention: Bank Loan Syndications; if to CUSA, as a Fronting Bank, as its address at Xxx Xxxxx Xxx, Xxxxx 000, Xxx Xxxxxx, XX 00000, Attention: Xxxxx Xxxxx; and if to Barclays, as a Fronting Bank, at its address at 000 Xxxx Xxxxxx, Xxx Xxxx, XX 00000; or, as to the Borrower or the 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 Agentparties. All such notices and communications shall, when mailed, telecopied, telegraphed telegraphed, telexed or telexedcabled, be effective when deposited in the mails, telecopied, delivered to the telegraph company or confirmed by telex answerbackdelivered to the cable company, respectively, except that notices and communications to the Administrative Agent or the Fronting Bank pursuant to Article II, III II or VII shall not be effective until received by the Agent. Delivery by telecopier of an executed counterpart of any amendment or waiver of any provision of this Agreement Administrative Agent or the Notes or of any Exhibit hereto to be executed and delivered hereunder shall be effective Fronting Bank (as delivery of a manually executed counterpart thereofthe case may be).
Appears in 1 contract
Notices, Etc. All notices and other communications provided for hereunder shall be in writing (including telecopier, telegraphic or telex communication) in the English language and mailed, telecopied, telegraphed, telexed or delivered, if to the Borrower, at its address at 0000 0xx Madeco S.A., Xxxxx Xxx 000 Xxx Xxxxxx, XxxxxxxXxxxxxxx, XX 00000Xxxxx, Attention: TreasurerXxxx Xxxxxxx Xxxxx; if to any Initial Lender, Lender at its Domestic Lending Office specified opposite its name on Schedule I II hereto; if to any other Lender, at its Domestic Lending Office specified in the Assignment and Acceptance pursuant to which it became a Lender; and if to the Agent, at its address at Xxx Xxxx Xxx Xxxxx000 Xxxxxxx Xxxxxx, Xxxxxxx XxxxxxxxXxxxxx, Xxxxxxxxxxxxx, 00000, U.S.A., Attention: Xxxx Xxxxx Xxxxxx, with copy to BankBoston, N.A., calle Xxxxxxx Xxxxxx Xxx 00, xxxx 0, Xxxxxxxx, Xxxxx, Attention: Xxxxxx Xxxxx, Telephone: (000) 000-0000, Fax: (000) 000-0000; or, as to the Borrower or the 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 Agent. All such notices and communications shall, when mailed, telecopiedbe effective upon receipt and, telegraphed when telegraphed, telecopied or telexed, be effective when deposited in the mails, telecopied, delivered to the telegraph company or confirmed by telecopier confirmation or telex answerback, respectively, except that notices and communications to the Agent pursuant to Article II, III or VII shall not be effective until received by the Agent. Delivery by 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: Loan Agreement (Madeco Sa)
Notices, Etc. All notices and other communications provided for hereunder shall be in writing (including telecopier, telegraphic or telex communication) and mailed, telecopied, telegraphed, telexed or delivered, if to the Borrower, at its address at 0000 0xx Xxxxxx, Xxxxxxx, XX 00000, Attention: Treasurer; if to any Initial Lender, at its Domestic Lending Office specified opposite its name on Schedule I hereto; if to any other Lender, at its Domestic Lending Office specified in the Assignment and Acceptance pursuant to which it became a Lender; and if to the Agent, at its address at Xxx Xxxx Xxxxx Xxx, Xxxxx 000, Xxx XxxxxXxxxxx, Xxxxxxx Xxxxxxxx 00000 Attention: Xxxxxxxxx Xxxxxxxx, with a copy to J. Xxxxxxxx XxXxx, 388 SIDLEY XXXXXX XXXXX & XXXX LLP 00 Xxxxxxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000, Attention: Xxxx Xxxxxx; or, as to the Borrower or the 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 Agent. All such notices and communications shall, when mailed, telecopied, telegraphed or telexed, be effective when deposited in the mails, telecopied, delivered to the telegraph company or confirmed by telex answerback, respectively, except that notices and communications to the Agent pursuant to Article II, III or VII shall not be effective until received by the Agent. Delivery by 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 (Dte Energy Co)
Notices, Etc. (a) All notices and other communications provided for hereunder shall be either (x) in writing (including telecopier, telegraphic or telex communication) and mailed, 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 BorrowerCompany, at its address at 0000 0xx Xxxxxx000 Xxxxxxxxxxxx Xxxx Xxxx, XxxxxxxXxxxxxxxxxxx, XX Xxxxxxxxxxxx 00000, Attention: Treasurer; if to a Designated Subsidiary at the address of such Designated Subsidiary set forth in its Designation Letter with a copy to the Company; if to any Initial Lender, at its Domestic Lending Office specified opposite its name on Schedule I hereto; if to any other Lender, at its Domestic Lending Office specified in the Assumption Agreement or the Assignment and Acceptance pursuant to which it became a Lender; and if to the Agent, at its address at Xxx Xxxx Xxxxx Xxx, Xxx XxxxxXxxxxx, Xxxxxxx Xxxxxxxx, Xxxxxxxx 00000, Attention: Xxxx XxxxxxBank Loan Syndications Department; or, as to the Borrower Borrowers or the 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 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 Company by the Agent. All such notices and communications shall, when mailed, telecopied, telegraphed or telexed, be effective when deposited in the mails, telecopied, delivered to the telegraph company or confirmed by telex answerback, respectively, except that notices and communications to the Agent pursuant to Article II, III or VII VIII shall not be effective until received by the Agent. Delivery by 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.
(b) So long as Citibank or any of its Affiliates is the Agent, materials required to be delivered pursuant to Section 5.01(i)(i), (ii) and (iv) shall be delivered to the Agent in an electronic medium in a format acceptable to the Agent and the Lenders by e-mail at xxxxxxxxxxxxxxx@xxxxxxxxx.xxx. The Company agrees that the Agent may make such materials, as well as any other materials or matters relating to this Agreement, the Notes or any of the transactions contemplated hereby (collectively, the “Communications”) available to the Lenders by posting such notices on Intralinks, “e-Disclosure”, the Agent’s internet delivery system that is part of Fixed Income Direct, Global Fixed Income’s primary web portal, or a substantially similar electronic system (the “Platform”). The Company acknowledges that (i) the distribution of material through an electronic medium is not necessarily secure and that there are confidentiality and other risks associated with such distribution, (ii) the Platform is provided “as is” and “as available” and (iii) neither the Agent nor any of its Affiliates warrants the accuracy, adequacy or completeness of the Communications or the Platform and each expressly disclaims liability for errors or omissions in the Communications or the Platform. 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 or any of its Affiliates in connection with the Platform.
(c) Each Lender agrees that notice to it (as provided in the next sentence) (a "Notice”) specifying that any Communications have been posted to the Platform shall constitute effective delivery of such information, documents or other materials to such Lender for purposes of this Agreement; provided that if requested by any Lender the Agent shall deliver a copy of the Communications to such Lender by email or telecopier. Each Lender agrees (i) to notify the Agent in writing of such Lender’s e-mail address to which a Notice may be sent by electronic transmission (including by electronic communication) on or before the date such Lender becomes a party to this Agreement (and from time to time thereafter to ensure that the Agent has on record an effective e-mail address for such Lender) and (ii) that any Notice may be sent to such e-mail address.
Appears in 1 contract
Samples: Credit Agreement (Rohm & Haas Co)
Notices, Etc. All notices and other communications provided for hereunder shall be either (i) in writing (including telecopiertelegraphic, telegraphic telecopier or telex communication) and mailed, telegraphed, telecopied, telegraphed, telexed or deliveredotherwise delivered or (ii) by electronic mail (if electronic mail addresses are designated as provided below) confirmed immediately in writing, if in the case of the Borrower or the Collateral Agent, addressed to it at its address specified in the Credit Agreement and, in the case of each Grantor other than the Borrower, addressed to it at its address at 0000 0xx Xxxxxx, Xxxxxxx, XX 00000, Attention: Treasurer; if to any Initial Lender, at its Domestic Lending Office specified set forth opposite its such Grantor's name on Schedule I hereto; if the signature pages hereto or on the signature page to any other Lender, at its Domestic Lending Office specified in the Assignment and Acceptance Security Agreement Supplement pursuant to which it became a Lender; and if to the Agent, at its address at Xxx Xxxx Xxx Xxxxx, Xxxxxxx Xxxxxxxx, 00000, Attention: Xxxx Xxxxxxparty hereto; or, as to the Borrower or the 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 Agentparties. All such notices and other communications shall, when mailed, telegraphed, telecopied, telegraphed telexed, sent by electronic mail or telexedotherwise, be effective when deposited in the mails, telecopied, delivered to the telegraph company or company, telecopied, confirmed by telex answerback, sent by electronic mail and confirmed in writing, or otherwise delivered (or confirmed by a signed receipt), respectively, addressed as aforesaid; except that notices and other communications to the Collateral Agent pursuant to Article II, III or VII shall not be effective until received by the Collateral Agent. Delivery by telecopier of an executed counterpart of any amendment or waiver of any provision of this Agreement or the Notes or of any Exhibit Security Agreement Supplement or Schedule hereto to be executed and delivered hereunder shall be effective as delivery of a manually an original executed counterpart thereof.
Appears in 1 contract
Notices, Etc. All notices and other communications provided for hereunder shall be in writing (including telecopier, telegraphic or telex communication) and mailed, telecopied, telegraphed, telexed or delivered, if to the Borrower, at its address at 0000 0xx Xxxxxx, Xxxxxxx, XX 00000, Attention: Treasurer; if to any Initial Lender, at its Domestic Lending Office specified opposite its name on Schedule I hereto; if to any other Lender, at its Domestic Lending Office specified in the Assignment and Acceptance pursuant to which it became a Lender; and if to the Agent, at its address at Xxx Xxxx Xxx Xxxxx, Xxxxxxx 000 Xxxxxxxx, Xxx Xxxx, XX 00000, Attention: Xxxx XxxxxxXxxxxxx Xxxxx and Xxxxxxxx Xxxxxxxxx; or, as to the Borrower or the 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 Agent. All such notices and communications shall, when mailed, telecopied, telegraphed or telexed, be effective when deposited in the mails, telecopied, delivered to the telegraph company or confirmed by telex answerback, respectively, except that notices and communications to the Agent pursuant to Article II, III or VII shall not be effective until received by the Agent. Delivery by 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 (Detroit Edison Co)
Notices, Etc. All Except as otherwise set forth herein, all notices and other communications provided for hereunder shall be in writing (including telecopiertelegraphic, telegraphic telex, telecopy or telex cable communication) and mailed, telegraphed, telexed, telecopied, telegraphed, telexed cabled or delivereddelivered by hand, if to the Borrower, at its address at 0000 0xx XxxxxxXxxxxxxx, XxxxxxxXxx Xxxx, XX Xxx Xxxx 00000, Attention: Treasurer; if to any Initial LenderBank, at its Domestic Lending Office specified opposite its name on Schedule I hereto; if to any other Lender, at its Domestic Lending Office specified in the Assignment and Acceptance pursuant to which it became a LenderI; and if to the Administrative Agent, at its address at Xxx 000 Xxxx Xxx Xxxxxx, 0xx Xxxxx, Xxxxxxx XxxxxxxxXxxx 6, 00000New York, New York 10043, Attention: Xxxx XxxxxxXxxxx Xxxxx; 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, when mailed, telegraphed, telexed, telecopied, telegraphed cabled or telexeddelivered, be effective when deposited in the mails, telecopieddelivered to the telegraph company, confirmed by telex answerback, telecopied with confirmation of receipt, delivered to the telegraph cable company or confirmed delivered by telex answerbackhand to the addressee or its agent, respectively, except that notices and communications to the Administrative Agent pursuant to Article II, III III, IV or VII XII shall not be effective until received by the Administrative Agent. Delivery by 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 (Viacom Inc)
Notices, Etc. (a) All notices and other communications provided for hereunder shall be in writing (including telecopier, telegraphic or telex communication) and mailed, telecopied, telegraphed, telexed or delivered, if to the BorrowerCompany or to any Designated Subsidiary, at its the Company’s address at 0000 0xx XxxxxxCorporate Headquarters, 000 Xxxxxxx X Xxxxx, Xxxxxxx, XX Xxxxxxxxxxxx 00000-0000, Attention: TreasurerTreasury Department, Fax No. (000) 000-0000; if to any Initial Lender, at its Domestic Lending Office specified opposite its name on Schedule I hereto; if to any other Lender, at its Domestic Lending Office specified in the Assumption Agreement or the Assignment and Acceptance Acceptance, as the case may be, pursuant to which it became a Lender; and if to the Agent, at its address at Xxx Xxxx Xxx XxxxxTwo Penn’s Way, Xxxxxxx XxxxxxxxNew Castle, 00000Delaware 19720, Attention: Xxxx XxxxxxBank Loan Syndications, Fax No. (000) 000-0000; or, as to the any Borrower or the 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 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, when mailed, telecopied, telegraphed or telexed, be effective when deposited in the mails, telecopied, delivered to the telegraph company or confirmed by telex answerback, respectively, except that notices and communications to the Agent pursuant to Article II, III or VII VIII shall not be effective until received by the Agent. Delivery by 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.
(b) So long as Citibank or any of its Affiliates is the Agent, such materials as may be agreed between the Borrowers and the Agent may be delivered to the Agent in an electronic medium in a format acceptable to the Agent and the Lenders by e-mail at xxxxxxxxxxxxxxx@xxxxxxxxx.xxx. The Borrowers agree that the Agent may make such materials (collectively, the “Communications”) available to the Lenders by posting such notices on Intralinks or a substantially similar electronic system (the “Platform”). The Borrowers acknowledge that (i) the distribution of material through an electronic medium is not necessarily secure and that there are confidentiality and other risks associated with such distribution, (ii) the Platform is provided “as is” and “as available” and (iii) neither the Agent nor any of its Affiliates warrants the accuracy, adequacy or completeness of the Communications or the Platform and each expressly disclaims liability for errors or omissions in the Communications or the Platform. 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 or any of its Affiliates in connection with the Platform.
(c) Each Lender agrees that notice to it (as provided in the next sentence) (a “Notice”) specifying that any Communications have been posted to the Platform shall constitute effective delivery of such information, documents or other materials to such Lender for purposes of this Agreement; provided that if requested by any Lender the Agent shall deliver a copy of the Communications to such Lender by email or telecopier. Each Lender agrees (i) to notify the Agent in writing of such Lender’s e-mail address to which a Notice may be sent by electronic transmission (including by electronic communication) on or before the date such Lender becomes a party to this Agreement (and from time to time thereafter to ensure that the Agent has on record an effective e-mail address for such Lender) and (ii) that any Notice may be sent to such e-mail address.
Appears in 1 contract
Samples: Credit Agreement (Hershey Co)
Notices, Etc. All notices and other communications provided for hereunder shall be in writing (including telecopier, telegraphic telegraphic, telex or telex cable communication) and mailed, telecopied, telegraphed, telexed telexed, cabled or delivered, if to the Borrower, at its address at 0000 0xx 000 Xxxxxx Xxxxxx, Xxx Xxxxxxx, XX 00000, Attention: Treasurer; if to any Initial LenderBank, at its Domestic Lending Office specified opposite its name on Schedule I hereto; if to any other Lender, at its Domestic Lending Office specified in the Assignment and Acceptance pursuant to which it became a Lender; and if to the Administrative Agent, at its address at Xxx 000 Xxxx Xxx Xxxxxx, 00xx Xxxxx, Xxxxxxx XxxxxxxxXxx Xxxx, XX 00000, Attention: Loan Operations, Xxxx Xxxxxx; Xxxxx/Xxxxxxx Xxxxxxxx (Telephone: (000) 000-0000/5811, Facsimile: (000) 000-0000) or, as to the Borrower or the 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 Agentparties. All such notices and communications shall, when mailed, telecopied, telegraphed telegraphed, telexed or telexedcabled, be effective when deposited in the mails, telecopied, delivered to the telegraph company or company, confirmed by telex answerbackanswerback or delivered to the cable 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 telecopier of an executed counterpart of any amendment or waiver of any provision of this Agreement or the Notes or of any Exhibit hereto 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.
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Notices, Etc. All notices and other communications provided for hereunder shall be in writing (including telecopierincluding, telegraphic without limitation, telegraphic, telex, telecopy or telex cable communication) and mailed, telegraphed, telexed, telecopied, telegraphed, telexed cabled or delivereddelivered by hand, if to the Borrower, at its address at 0000 0xx 1134 Xxxxxx Xxxxxx, XxxxxxxXxxxxxxx, XX Xxxx Xxxxxxxx 00000, AttentionXxtention: TreasurerChief Financial Officer with copy to WHX or WPN Corp. at 110 Xxxx 00xx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000, Xxtention: Mr. Xxxxxxx Xxxix; if xx to any Initial Lender, at its Domestic Lending Office specified opposite its name on Schedule I III hereto; if to any other Lender, at its Domestic Lending Office specified in the Assignment and Acceptance pursuant to which it became a Lender; and if to the Agent, at its address at Xxx 399 Xxxx Xxx Xxxxxx, 0xx Xxxxx, Xxxxxxx XxxxxxxxXxxx 0, 00000New York, New York 10043, Attention: Xxxx Keitx X. Xxxxxx; orxx, as to the Borrower or the 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 Agent. All such notices and communications shall, when mailed, telegraphed, telexed, telecopied, telegraphed cabled or telexeddelivered, be effective when deposited in the mails, telecopieddelivered to the telegraph company, confirmed by telex answerback, telecopied with confirmation of receipt, delivered to the telegraph cable company or confirmed delivered by telex answerbackhand to the addressee or its agent, respectively, except that notices and communications to the Agent pursuant to Article II, III II or VII IX shall not be effective until received by the Agent. Delivery by 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.any
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Samples: Credit Agreement (WHX Corp)
Notices, Etc. All notices and other communications provided for hereunder shall be in writing (including telecopier, telegraphic or telex communication) and mailed, telecopied, telegraphed, telexed or delivered, if to the Borrower, at its address at 0000 0xx XxxxxxFive Garret Mountain Plaza, XxxxxxxWest Paterson, XX 00000New Jersey 07424, Attention: TreasurerTrxxxxxxx; if to any Initial Lenderxx xx xxx Xxxxxxx Xxxxxx, at its Domestic Lending xx xxx Xxxxxxxx Xxxding Office specified opposite its name on Schedule I hereto; if to any other Lender, at its Domestic Lending Office specified in the Assignment and Acceptance pursuant to which it became a Lender; and if to the Agent, at its address at Xxx Xxxx Xxx XxxxxTwo Penns Way, Xxxxxxx XxxxxxxxNew Castle, 00000Delaware 19720, Attention: Xxxx XxxxxxBank Loan Syndixxxxxxx Xxxxxxxxxx; orxx, as to the Borrower xx xx xxx Xxxxxxxr or the 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 Agent. All such notices and communications shall, when mailed, telecopied, telegraphed or telexed, be effective when deposited in the mails, telecopied, delivered to the telegraph company or confirmed by telex answerback, respectively, except that notices and communications to the Agent pursuant to Article II, III or VII shall not be effective until received by the Agent. Delivery by 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.
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Notices, Etc. All notices and other communications provided for hereunder shall be in writing (including telecopier, telegraphic or telex communication) and mailed, telecopied, telegraphed, telexed or delivered, if to any Loan Party to such Loan Party in case of the Borrower, Parent at its address at 0000 0xx Xxxxxxxxxxxxxx 00, XX-0000 Xxxxxx, Xxxxxxx, XX 00000Xxxxxxxxxxx, Attention: TreasurerGeneral Counsel; if to any Initial Lender, at its Domestic Lending Office specified opposite its name address listed on Schedule I hereto; if to any other Lender, at its Domestic Lending Office address specified in the Assignment and Acceptance pursuant to which it became a Lender; and if to the AgentAdministrative Agent or Security Agent , at its address at 0000 Xxxxxxxx, Xxx Xxxx, Xxx Xxxx Xxx Xxxxx, Xxxxxxx Xxxxxxxx, 0000000000 XXX, Attention: Xxxx Xxxxx Xxxxxx; or, as to any Loan Party, to it in care of the Borrower Parent at such other address of the Parent as shall be designated by such party in a written notice to the other parties and, as to any Lender or the 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 Parent and the Administrative Agent. All such notices and communications shall, when mailed, telecopied, telegraphed or telexed, be effective when deposited in the mails, telecopied, delivered to the telegraph company or confirmed 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 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 as effective as delivery of a manually executed counterpart thereof.
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