Notices, Etc. Except as otherwise expressly provided herein, all notices and other communications provided for hereunder shall be made in writing (including sent by telecopier) and to the following address: Borrower: Wilmington Trust Company Xxxxxx Square North 0000 Xxxxx Xxxxxx Xxxxxx Xxxxxxxxxx, XX 00000-0000 Attention: Corporate Trust Administration Telephone: 000-000-0000 Telecopy: 000-000-0000 Liquidity Provider: Xxxxxxxxxx Xxxxx-Xxxxxxxxxxx Xx Xxxxxxxxxxxx 0 X-00000 Xxxxxxxxx Xxxxxxx Attention: Structured Finance Telephone: +00-000-000-0000 Telecopy: +00-000-000-0000 with a copy of any Notice of Borrowing to: Landesbank Baden-Württemberg 000 Xxxx Xxxxxx, Xxxx Xxxxxxxx, 00xx Xxxxx Xxx Xxxx, Xxx Xxxx 00000 Attention: Xxxxxxx Xxxxx, Vice President Xxxxx Xxxxxx, Assistant Vice President Xxxxxxx Xxx Telephone: 000-000-0000 Telecopy: 000-000-0000 or, as to each of the foregoing, at such other address as shall be designated by such Person in a Written Notice to the others. All such notices and communications shall be effective (i) if given by telecopier, when transmitted to the telecopier number specified above with receipt confirmed, and received in legible form (ii) if given by mail, five Business Days after being deposited in the mails addressed as specified above, and (iii) if given by other means, when delivered at the address specified above, except that written notices to the Primary Liquidity Provider pursuant to the provisions of Articles II and III shall not be effective until received by the Primary Liquidity Provider, subject to the last sentence of Section 2.02(f). A copy of all notices delivered hereunder to either party shall in addition be delivered to each of the parties to the Participation Agreements at their respective addresses set forth therein.
Appears in 3 contracts
Samples: Revolving Credit Agreement (Jetblue Airways Corp), Revolving Credit Agreement (Jetblue Airways Corp), Revolving Credit Agreement (Jetblue Airways Corp)
Notices, Etc. Except as otherwise expressly provided herein, all notices and other communications provided for hereunder shall be made in writing (including sent by telecopiertelexed, telegraphic, telecopier or other electronic communication) and mailed, faxed or delivered: if to the following address: Borrower: Wilmington Trust Company Xxxxxx Square North 0000 Xxxxx Xxxxxx Xxxxxx Xxxxxxxxxxany Pledgor, XX 00000-0000 Attention: Corporate Trust Administration Telephone: 000-000-0000 Telecopy: 000-000-0000 Liquidity Provider: Xxxxxxxxxx Xxxxx-Xxxxxxxxxxx Xx Xxxxxxxxxxxx 0 X-00000 Xxxxxxxxx Xxxxxxx Attention: Structured Finance Telephone: +00-000-000-0000 Telecopy: +00-000-000-0000 with a copy of any Notice of Borrowing to: Landesbank Baden-Württemberg at c/o General Maritime Corporation, 000 Xxxx Xxxxxx, Xxxx Xxxxxxxxas agent, 00xx Xxxxx Xxx Xxxx, Xxx Xxxx 00000 Xxxx, 00000-0000, with copies to (i) Xxxxxx Xxxxx Xxxxxxxx & Xxxxxxx LLP, 0000 Xxxxxx xx xxx Xxxxxxxx, Xxx Xxxx, XX 00000, Attention: Xxxxxxx XxxxxXxxx, Vice President Esq., Telephone No.: (000) 000-0000, Facsimile No.: (000) 000-0000, Email: xxxxx@xxxxxxxxxxx.xxx and (ii) Xxxxxxxx and Xxxxx LLP, 000 Xxxxxxxxxx Xxxxxx, Assistant Vice President Xxxxxxx Xxx TelephoneXxxxxxxxx, Xxxxxxxxxx 00000, Attention: Xxxxxxxx Xxxx, Telephone No.: (000) 000-0000, Facsimile No.: (000) 000-0000 Telecopy0000, Email: 000-000-0000 orxxxxxxxx.xxxx@xxxxxxxx.xxx; if to any Lender Creditor, at its address specified opposite its name on Schedule II to the Credit Agreement; and if to the Pledgee, at its Notice Office; and, as to each of the foregoingSwap Creditor, at such other address as shall be designated by such Person Secured Creditor in a Written Notice written notice to the othersBorrower and the Administrative Agent. All such notices and communications shall be effective shall, (i) if given by telecopierwhen mailed, when transmitted to the telecopier number specified above with receipt confirmed, and received in legible form (ii) if given by mail, five be effective three Business Days after being deposited in the mails mails, prepaid and properly addressed as specified abovefor delivery, (ii) when sent by overnight courier, be effective one Business Day after delivery to the overnight courier prepaid and properly addressed for delivery on such next Business Day, or (iii) if given when sent by other meanstelex, email or telecopier, be effective when delivered at the address specified abovesent by telex, email or telecopier, except that written notices and communications to the Primary Liquidity Provider pursuant to the provisions of Articles II and III Pledgee or any Pledgor shall not be effective until received by the Primary Liquidity ProviderPledgee or such Pledgor, subject to as the last sentence of Section 2.02(f). A copy of all notices delivered hereunder to either party shall in addition be delivered to each of the parties to the Participation Agreements at their respective addresses set forth thereincase may be.
Appears in 3 contracts
Samples: Pledge Agreement (Gener8 Maritime, Inc.), Credit Agreement (Gener8 Maritime, Inc.), Secondary Pledge Agreement (Gener8 Maritime, Inc.)
Notices, Etc. Except as otherwise expressly provided hereinin this Credit Agreement, all notices and other communications provided for hereunder made or required to be given pursuant to this Credit Agreement or the Notes or any Letter of Credit Applications shall be made in writing (including and shall be delivered in hand, mailed by United States registered or certified first class mail, postage prepaid, sent by telecopierovernight courier, or sent by facsimile and confirmed by delivery via courier or postal service, addressed as follows:
(a) and if to any Borrower or any Guarantor, to the following address: Borrower: Wilmington Trust Company Xxxxxx Square North 0000 Xxxxx Xxxxxx Xxxxxx XxxxxxxxxxBorrower Representative at Sovran Self Storage, XX Inc., 6000 Xxxx Xxxxxx, Xxxxxxxxxxxxx, Xxx Xxxx 00000-0000 , Attention: Corporate Trust Administration Telephone: 000-000-0000 Telecopy: 000-000-0000 Liquidity Provider: Xxxxxxxxxx Xxxxx-Xxxxxxxxxxx Xx Xxxxxxxxxxxx 0 X-00000 Xxxxxxxxx Xxxxxxx Attention: Structured Finance Telephone: +00-000-000-0000 Telecopy: +00-000-000-0000 Mx. Xxxxx X. Rogers, Chief Financial Officer, with a copy of any Notice of Borrowing to: Landesbank Baden-Württemberg 000 Xxxx to Pxxxxxxx Xxxxx LLP, 3000 XXXX Xxxxxx, Xxxx Xxxxxxxx, 00xx Xxxxx Xxx XxxxXxxxxxx, Xxx Xxxx 00000 00000, Attention: Xxxxxxx Rxxxxxx X. Xxxxx, Vice President Xxxxx or to such other address for notice as the Borrower Representative or any Guarantor shall have last furnished in writing to the Administrative Agent;
(b) if to the Administrative Agent, Manufacturers and Traders Trust Company, 20 X. Xxxxxxx Street, 12th Floor, Baltimore, Maryland 21201, Attention: Hxxx Xxxxxxx, or such other address for notice as the Administrative Agent shall have last furnished in writing to the Borrowers, with a copy to Pxxx X. Xxxxxxx, Esq., Axxxxx & Bird LLP, 1000 Xxxx Xxxxxxxxx Xxxxxx, Assistant Vice President Xxxxxxx, Xxxxxxx Xxx Telephone: 00000000-000-0000 Telecopy: 000-000-0000 or0000, as to each of the foregoing, or at such other address for notice as the Administrative Agent shall last have furnished in writing to the Person giving the notice; and additionally, for any Completed Revolving Credit Loan Request, to Manufacturers and Traders Trust Company, Oxx Xxxxxxxx Xxxxx, Xxxxxxx, Xxx Xxxx 00000; and
(c) if to any Lender, at such Lender's address set forth on Schedule 1.2 hereto, or such other address for notice as such Lender shall have last furnished in writing to the Person giving the notice. Any such notice or demand shall be designated by such Person in a Written Notice deemed to the others. All such notices have been duly given or made and communications shall be to have become effective (i) if given delivered by telecopierhand, when transmitted overnight courier or facsimile to the telecopier number specified above party to which it is directed, at the time of the receipt thereof by such party or the sending of such facsimile with electronic confirmation of receipt confirmed, and received in legible form (ii) if given sent by registered or certified first-class mail, five postage prepaid, on the fifth Business Days after being deposited in Day following the mails addressed as specified above, and (iii) if given by other means, when delivered at the address specified above, except that written notices to the Primary Liquidity Provider pursuant to the provisions of Articles II and III shall not be effective until received by the Primary Liquidity Provider, subject to the last sentence of Section 2.02(f). A copy of all notices delivered hereunder to either party shall in addition be delivered to each of the parties to the Participation Agreements at their respective addresses set forth thereinmailing thereof.
Appears in 3 contracts
Samples: Revolving Credit and Term Loan Agreement (Sovran Self Storage Inc), Revolving Credit and Term Loan Agreement (Sovran Acquisition LTD Partnership), Revolving Credit and Term Loan Agreement (Sovran Self Storage Inc)
Notices, Etc. Except as otherwise expressly provided hereinAll notices, all notices offers, acceptances, approvals, waivers, requests, demands and other communications provided for hereunder or under any instrument, certificate or other instrument delivered in connection with the transactions described herein shall be made in writing, shall be addressed as provided below and shall be considered as properly given (a) if delivered in person, (b) if sent by reputable overnight delivery service, (c) in the event overnight delivery services are not readily available, if mailed by first class United States mail, postage prepaid, registered or certified with return receipt requested, or (d) if sent by telecopier and confirmed in writing by any other manner described above. Notice so mailed shall be effective upon the earlier of actual receipt or the expiration of five (including sent 5) days after its deposit. Notice given in any other manner shall be effective upon receipt by telecopier) the addressee; provided, however, that if any notice is tendered to an addressee and the delivery thereof is refused by such addressee, such notice shall be effective upon such tender. For the purposes of notice, the address of the parties shall be as set forth below; provided that either party shall have the right to change its address for notice hereunder to any other location by the giving of prior notice to the following addressother party in the manner set forth hereinabove. The initial addresses of the parties hereto are as follows: BorrowerIf to Purchaser: Wilmington Trust Company Xxxxxx Square North Xxxxxxxxx Air Trustee, LLC 00 Xxxxx Xxxxxxx Xxxxxx, Xxxxx 0000 Xxxxx Xxxxxx Xxxxxx XxxxxxxxxxXxxxxxxxxxx, XX 00000-0000 Attention: Corporate Trust Administration Telephone: (000-) 000-0000 TelecopyTelecopier: (000-000-0000 Liquidity Provider: Xxxxxxxxxx Xxxxx-Xxxxxxxxxxx Xx Xxxxxxxxxxxx 0 X-00000 Xxxxxxxxx Xxxxxxx Attention: Structured Finance Telephone: +00-000-000-0000 Telecopy: +00-000-) 000-0000 with a copy of any Notice of Borrowing to: Landesbank Baden-Württemberg 000 Xxxx XxxxxxXxxxx Xxxxxxx, Esq. Xxxxxxxx, Xxxx Xxxxxxxx& Xxxxxxx 000 Xxxxxxx Xxxxxx Xxxxx, Xxxxx 000 Xxxxxxxxxxx, XX 00000 Telephone: (000) 000-0000 Telecopier: (000) 000-0000 If to Seller: PLM XXX XX LLC c/o PLM Investment Management, Inc. 000 Xxxxxxxxx Xxxxxx, 00xx Xxxxx Xxx Xxxx, Xxx Xxxx XX 00000 Attention: Xxxxxxx Xxxxx, Vice President Xxxxx Xxxxxx, Assistant Vice President Xxxxxxx Xxx Telephone: (000-) 000-0000 TelecopyTelecopier: (000-) 000-0000 orand to: x/x Xxxxxx Xxxxx 00 Xxxxxxxx Xxxxxx #104 S. Norwalk, as to each of the foregoingCT 06845 Attention: Xxxxx X. Xxxxx Telephone: (000) 000-0000 Telecopier: (000) 000-0000 with a copy to: Xxxx Xxxx, at such other address as shall be designated by such Person in a Written Notice to the othersEsq. All such notices and communications shall be effective Xxxx & Levi, LLP 000 Xxxxxxx Xxxxxx Xxxxx 0000 Xxx Xxxx, XX 00000 Telephone: (i000) if given by telecopier, when transmitted to the telecopier number specified above with receipt confirmed, and received in legible form 000-0000 (iix24) if given by mail, five Business Days after being deposited in the mails addressed as specified above, and Telecopier: (iii000) if given by other means, when delivered at the address specified above, except that written notices to the Primary Liquidity Provider pursuant to the provisions of Articles II and III shall not be effective until received by the Primary Liquidity Provider, subject to the last sentence of Section 2.02(f). A copy of all notices delivered hereunder to either party shall in addition be delivered to each of the parties to the Participation Agreements at their respective addresses set forth therein.000-0000
Appears in 3 contracts
Samples: Purchase Agreement (PLM Equipment Growth & Income Fund Vii), Purchase Agreement (PLM Equipment Growth Fund Vi), Purchase Agreement (PLM Equipment Growth Fund V)
Notices, Etc. Except as otherwise expressly provided herein, all notices and Any notice or other communications provided for hereunder communication required or permitted to be given by this Agreement or the other Loan Documents or by applicable law shall be made in writing and shall be deemed received (including a) on the date delivered, if sent by telecopier) and hand delivery (to the person or department if one is specified below), (b) three (3) days following addressthe date deposited in U.S. mail, certified or registered, with return receipt requested, or (c) one (1) day following the date deposited with FedEx or other national overnight carrier, and in each case addressed as follows: BorrowerIf to the Borrower Ipic-Gold Class Entertainment, LLC 000 Xxxxx Xxxx Xxxxx 000 Xxxx Xxxxx, XX 00000 Attention: Wilmington Trust Company Xxxxxx Square North Xxxxx Xxxxxxx Facsimile: (000) 000-0000 With a copy to: Xxxx Xxxxxx, General Counsel 000 Xxxxx Xxxxxx Xxxx Xxxxx 000 Xxxx Xxxxx, XX 00000 Facsimile: (000) 000-0000 If to the Lenders to Agent Lender: The Teachers’ Retirement System of Alabama 000 Xxxxx Xxxxx Xxxxxx Xxxxxxxxxx, XX 00000-0000 Attention: Corporate Trust Administration Telephone: 000-000-0000 Telecopy: 000-000-0000 Liquidity Provider: Xxxxxxxxxx Xxxxx-Xxxxxxxxxxx Xx Xxxxxxxxxxxx 0 X-00000 Xxxxxxxxx Xxxxxxx Attention: Structured Finance Telephone: +00-000-000-0000 Telecopy: +00-000-000-0000 with a copy of any Notice of Borrowing to: Landesbank Baden-Württemberg 000 Xxxx Xxxxxx, Xxxx Xxxxxxxx, 00xx Xxxxx Xxx Xxxx, Xxx Xxxx 00000 Attention: Xxxxxxx Xxxxx, Vice President Xxxxx Private Placement Dept. With a copy to: Xxxxxx X. Xxxxxx, Assistant Vice President Esq. Xxxx & Xxxxxx LLP 000 Xxxxx 00xx Xxxxxx Xxxxx 0000 Xxxxxxxxxx, Xxxxxxx Xxx Telephone: 000-000-0000 Telecopy: 000-000-0000 or00000 Either party may change its address to another single address by notice given as herein provided, as except any change of address notice must be actually received in order to each of be effective. Notwithstanding the foregoing, at such other address as shall be designated by such Person for Borrower’s convenience in a Written Notice to the others. All such notices and communications shall be effective (i) if given by telecopier, when transmitted to the telecopier number specified above with receipt confirmed, and received in legible form (ii) if given by mail, five Business Days after being deposited in the mails addressed as specified above, and (iii) if given by other means, when delivered at the address specified above, except that written sending notices to the Primary Liquidity Provider pursuant Agent Lender, Borrower may precede any written notice otherwise sent in accordance with this Section 9.7 with email communications to the provisions of Articles II xxxxxx.xxxxxxx@xxx-xx.xxx, xxxxxx.xxxxxxx@xxx-xx.xxx. and III shall not xxxxx.xxxxxx@xxx-xx.xxx; provided however, any such email communications must be effective until received followed by the Primary Liquidity Providerwritten notice delivered by hand delivery, subject to the last sentence of Section 2.02(f). A copy of all notices delivered hereunder to either party shall in addition be delivered to each of the parties to the Participation Agreements at their respective addresses set forth thereinU.S. Mail, or by national overnight carrier as required above.
Appears in 3 contracts
Samples: Master Loan and Security Agreement, Master Loan and Security Agreement (iPic Entertainment Inc.), Master Loan and Security Agreement (iPic Entertainment Inc.)
Notices, Etc. Except as otherwise expressly provided hereinAll notices, all notices offers, acceptances, approvals, waivers, requests, demands and other communications provided for hereunder or under any instrument, certificate or other instrument delivered in connection with the transactions described herein shall be made in writing, shall be addressed as provided below and shall be considered as properly given (a) if delivered in person, (b) if sent by reputable overnight delivery service, (c) in the event overnight delivery services are not readily available, if mailed by first class United States mail, postage prepaid, registered or certified with return receipt requested, or (d) if sent by telecopier and confirmed in writing by any other manner described above. Notice so mailed shall be effective upon the earlier of actual receipt or the expiration of five (including sent 5) days after its deposit. Notice given in any other manner shall be effective upon receipt by telecopier) the addressee; provided, however, that if any notice is tendered to an addressee and the delivery thereof is refused by such addressee, such notice shall be effective upon such tender. For the purposes of notice, the address of the parties shall be as set forth below; provided that either party shall have the right to change its address for notice hereunder to any other location by the giving of prior notice to the following addressother party in the manner set forth hereinabove. The initial addresses of the parties hereto are as follows: BorrowerIf to Purchaser: Wilmington Trust Company Xxxxxx Square North Xxxxxxxxx Air Trustee, LLC 00 Xxxxx Xxxxxxx Xxxxxx, Xxxxx 0000 Xxxxx Xxxxxx Xxxxxx XxxxxxxxxxXxxxxxxxxxx, XX 00000-0000 Attention: Corporate Trust Administration Telephone: (000-) 000-0000 TelecopyTelecopier: (000-000-0000 Liquidity Provider: Xxxxxxxxxx Xxxxx-Xxxxxxxxxxx Xx Xxxxxxxxxxxx 0 X-00000 Xxxxxxxxx Xxxxxxx Attention: Structured Finance Telephone: +00-000-000-0000 Telecopy: +00-000-) 000-0000 with a copy of any Notice of Borrowing to: Landesbank Baden-Württemberg 000 Xxxx XxxxxxXxxxx Xxxxxxx, Esq. Xxxxxxxx, Xxxx Xxxxxxxx& Xxxxxxx 000 Xxxxxxx Xxxxxx Xxxxx, Xxxxx 000 Xxxxxxxxxxx, XX 00000 Telephone: (000) 000-0000 Telecopier: (000) 000-0000 If to Seller: PLM CAL I LLC c/o PLM Investment Management, Inc. 000 Xxxxxxxxx Xxxxxx, 00xx Xxxxx Xxx Xxxx, Xxx Xxxx XX 00000 Attention: Xxxxxxx Xxxxx, Vice President Xxxxx Xxxxxx, Assistant Vice President Xxxxxxx Xxx Telephone: (000-) 000-0000 TelecopyTelecopier: (000-) 000-0000 orand to: x/x Xxxxxx Xxxxx 00 Xxxxxxxx Xxxxxx #104 S. Norwalk, as to each of the foregoingCT 06845 Attention: Xxxxx X. Xxxxx Telephone: (000) 000-0000 Telecopier: (000) 000-0000 with a copy to: Xxxx Xxxx, at such other address as shall be designated by such Person in a Written Notice to the othersEsq. All such notices and communications shall be effective Xxxx & Xxxx, LLP 000 Xxxxxxx Xxxxxx Xxxxx 0000 Xxx Xxxx, XX 00000 Telephone: (i000) if given by telecopier, when transmitted to the telecopier number specified above with receipt confirmed, and received in legible form 000-0000 (iix24) if given by mail, five Business Days after being deposited in the mails addressed as specified above, and Telecopier: (iii000) if given by other means, when delivered at the address specified above, except that written notices to the Primary Liquidity Provider pursuant to the provisions of Articles II and III shall not be effective until received by the Primary Liquidity Provider, subject to the last sentence of Section 2.02(f). A copy of all notices delivered hereunder to either party shall in addition be delivered to each of the parties to the Participation Agreements at their respective addresses set forth therein.000-0000
Appears in 3 contracts
Samples: Purchase Agreement (PLM Equipment Growth Fund Vi), Purchase Agreement (PLM Equipment Growth Fund V), Purchase Agreement (PLM Equipment Growth & Income Fund Vii)
Notices, Etc. Except as otherwise expressly provided hereinAll notices, all notices offers, acceptances, approvals, waivers, requests, demands and other communications provided for hereunder or under any instrument, certificate or other instrument delivered in connection with the transactions described herein shall be made in writing, shall be addressed as provided below and shall be considered as properly given (a) if delivered in person, (b) if sent by reputable overnight delivery service, (c) in the event overnight delivery services are not readily available, if mailed by first class United States mail, postage prepaid, registered or certified with return receipt requested, or (d) if sent by telecopier and confirmed in writing by any other manner described above. Notice so mailed shall be effective upon the earlier of actual receipt or the expiration of five (including sent 5) days after its deposit. Notice given in any other manner shall be effective upon receipt by telecopier) the addressee; provided, however, that if any notice is tendered to an addressee and the delivery thereof is refused by such addressee, such notice shall be effective upon such tender. For the purposes of notice, the address of the parties shall be as set forth below; provided that either party shall have the right to change its address for notice hereunder to any other location by the giving of prior notice to the following addressother party in the manner set forth hereinabove. The initial addresses of the parties hereto are as follows: BorrowerIf to Purchaser: Wilmington Trust Company Xxxxxx Square North Xxxxxxxxx Air Trustee, LLC 00 Xxxxx Xxxxxxx Xxxxxx, Xxxxx 0000 Xxxxx Xxxxxx Xxxxxx XxxxxxxxxxXxxxxxxxxxx, XX 00000-0000 Attention: Corporate Trust Administration Telephone: (000-) 000-0000 TelecopyTelecopier: (000-000-0000 Liquidity Provider: Xxxxxxxxxx Xxxxx-Xxxxxxxxxxx Xx Xxxxxxxxxxxx 0 X-00000 Xxxxxxxxx Xxxxxxx Attention: Structured Finance Telephone: +00-000-000-0000 Telecopy: +00-000-) 000-0000 with a copy of any Notice of Borrowing to: Landesbank Baden-Württemberg 000 Xxxx XxxxxxXxxxx Xxxxxxx, Esq. Xxxxxxxx, Xxxx Xxxxxxxx& Xxxxxxx 000 Xxxxxxx Xxxxxx Xxxxx, Xxxxx 000 Xxxxxxxxxxx, XX 00000 Telephone: (000) 000-0000 Telecopier: (000) 000-0000 If to Seller: PLM XXX XX LLC c/o PLM Investment Management, Inc. 000 Xxxxxxxxx Xxxxxx, 00xx Xxxxx Xxx Xxxx, Xxx XX 00000 Telephone: (000) 000-0000 Telecopier: (000) 000-0000 and to: c/o Semele Group 000 Xxxxx Xxxx Xxxx Xxxxxxxx, XX 00000 Attention: Xxxxxxx Xxxxx, Vice President Xxxxx Xxxxxx, Assistant Vice President Xxxxxxx Xxx X. Xxxxx Telephone: (000-) 000-0000 TelecopyTelecopier: (000-) 000-0000 orwith a copy to: Xxxx Xxxx, as to each of the foregoingEsq. Xxxx & Xxxx, at such other address as shall be designated by such Person in a Written Notice to the others. All such notices and communications shall be effective LLP 000 Xxxxxxx Xxxxxx Xxxxx 0000 Xxx Xxxx, XX 00000 Telephone: (i000) if given by telecopier, when transmitted to the telecopier number specified above with receipt confirmed, and received in legible form 000-0000 (iix24) if given by mail, five Business Days after being deposited in the mails addressed as specified above, and Telecopier: (iii000) if given by other means, when delivered at the address specified above, except that written notices to the Primary Liquidity Provider pursuant to the provisions of Articles II and III shall not be effective until received by the Primary Liquidity Provider, subject to the last sentence of Section 2.02(f). A copy of all notices delivered hereunder to either party shall in addition be delivered to each of the parties to the Participation Agreements at their respective addresses set forth therein.000-0000
Appears in 3 contracts
Samples: Purchase Agreement (PLM Equipment Growth Fund V), Purchase Agreement (PLM Equipment Growth Fund Vi), Purchase Agreement (PLM Equipment Growth & Income Fund Vii)
Notices, Etc. Except as otherwise expressly provided herein, all notices and other communications provided for hereunder shall be made in writing (including telecopier and mailed or delivered or sent by telecopier) and to the following address: ): Borrower: Wilmington Trust Company WILMINGTON TRUST COMPANY Xxxxxx Square North 0000 Xxxxx Xxxxxx Xxxxxx Xxxxxxxxxx, XX 00000-0000 Attention: Corporate Trust Administration Telephone: (000-) 000-0000 Telecopy: (000-) 000-0000 Liquidity Provider: Xxxxxxxxxx XxxxxABN AMRO BANK N.V. Aerospace Department 000 Xxxxx XxXxxxx Xxxxxx, #000 Xxxxxxx, XX 00000-Xxxxxxxxxxx Xx Xxxxxxxxxxxx 0 X-00000 Xxxxxxxxx Xxxxxxx 0000 Attention: Structured Finance Xxxxxxx Xxxxxxxx, V.P. Telephone: +00-(000-) 000-0000 Telecopy: +00-(000-) 000-0000 with a copy of any Notice of Borrowing to: Landesbank BadenABN AMRO Bank N.V. 000 Xxxxx XxXxxxx Xx., #000 Xxxxxxx, XX 00000-Württemberg 000 Xxxx Xxxxxx, Xxxx Xxxxxxxx, 00xx Xxxxx Xxx Xxxx, Xxx Xxxx 00000 0000 Attention: Xxxxxxx Xxxxx, Vice President Xxxxx Xxxxxx, Assistant Vice President Xxxxxxx Xxx Loan Operations Telephone: (000-) 000-0000 Telecopy: (000-) 000-0000 or, as to each of the foregoing, at such other address as shall be designated by such Person in a Written Notice written notice to the others. All such notices and communications shall be effective (i) if given by telecopier, when transmitted to the telecopier number specified above with receipt confirmedabove, and received in legible form (ii) if given by mail, five Business Days after being when deposited in the mails addressed as specified above, and (iii) if given by other means, when delivered at the address specified above, except that written notices to the Primary Liquidity Provider pursuant to the provisions of Articles II and III hereof shall not be effective until received by the Primary Liquidity Provider, subject to the last sentence of Section 2.02(f). A copy of all notices delivered hereunder to either party shall in addition be delivered to each of the parties to the Participation Agreements at their respective addresses set forth therein.
Appears in 3 contracts
Samples: Revolving Credit Agreement (Continental Airlines Inc /De/), Revolving Credit Agreement (Continental Airlines Inc /De/), Revolving Credit Agreement (Continental Airlines Inc /De/)
Notices, Etc. Except as otherwise expressly provided hereinin this Agreement, all notices and other communications provided for hereunder made or required to be given pursuant to this Agreement or the other Loan Documents shall be made in writing (including and shall be delivered in hand, mailed by United States first class mail, postage prepaid, or sent by telecopiertelegraph, telex or facsimile and confirmed by letter, addressed as follows:
(a) and if to the following addressBorrower or the Guarantors, at 0000 Xxxxxx Xxxxxx, Suite 4000, Houston, Texas 77002, Attention: BorrowerXxxx X. XxXxxxxx, facsimile number (000) 000-0000; or
(b) if to BOA, at Bank of America National Trust and Savings Association, 000 Xxxxx XxXxxxx Xxxxxx, Xxxxxxx, Xxxxxxxx 00000, Attention: Wilmington Xxxxxx X. Xxxxxxxxxx, Managing Director, facsimile number (000) 000-0000; or
(c) if to MGT, X.X. Xxxxxx Securities Inc. or the Administrative Agent at Xxxxxx Guaranty Trust Company Xxxxxx Square North 0000 Xxxxx Xxxxxx Xxxxxx Xxxxxxxxxxof New York, XX 00000-0000 Attention: Corporate Trust Administration Telephone: 000-000-0000 Telecopy: 000-000-0000 Liquidity Provider: Xxxxxxxxxx Xxxxx-Xxxxxxxxxxx Xx Xxxxxxxxxxxx 0 X-00000 Xxxxxxxxx Xxxxxxx Attention: Structured Finance Telephone: +00-000-000-0000 Telecopy: +00-000-000-0000 with a copy of any Notice of Borrowing to: Landesbank Baden-Württemberg 000 00 Xxxx Xxxxxx, Xxxx Xxxxxxxx, 00xx Xxxxx Xxx Xxxx, Xxx Xxxx 00000 Attention: Xxxxxxx Xxxxx00000-0000, Vice President Xxxxx Xxxxxx, Assistant Vice President Xxxxxxx Xxx Telephone: facsimile number (000) 000-000-0000 Telecopy: 000-000-0000 0000; or, as
(d) if to each of the foregoingany Bank, at the address set forth next to such Bank's name on SCHEDULE 1 hereto; or such other address for notice as shall have last been furnished in writing to the Person giving the notice. Any such notice or demand shall be designated deemed to have been duly given or made and to have become effective (a) if delivered by hand to a responsible officer of the party to which it is directed, at the time of the receipt thereof by such Person in a Written Notice to the others. All such notices and communications shall be effective officer, (ib) if given sent by telecopierregistered or certified first-class mail, when transmitted to the telecopier number specified above with receipt confirmed, and received in legible form (ii) if given by mailpostage prepaid, five Business Days after being deposited in the mails addressed as specified aboveposting thereof, and (iiic) if given sent by other meanstelex, when delivered facsimile, or cable, at the address specified above, except that written notices to the Primary Liquidity Provider pursuant to the provisions of Articles II and III shall not be effective until received by the Primary Liquidity Provider, subject to the last sentence of Section 2.02(f). A copy of all notices delivered hereunder to either party shall in addition be delivered to each time of the parties to dispatch thereof, if in normal business hours in the Participation Agreements country of receipt, or otherwise at their respective addresses set forth thereinthe opening of business on the following Business Day.
Appears in 3 contracts
Samples: Quarterly Report, Quarterly Report, Revolving Credit Agreement (Waste Management Inc)
Notices, Etc. Except as otherwise expressly provided herein, all notices and other communications provided for hereunder shall be made in writing (including telecopier and mailed or delivered or sent by telecopier) and to the following address: ): Borrower: Wilmington Trust Company WILMINGTON TRUST COMPANY Xxxxxx Square North 0000 Xxxxx Xxxxxx Xxxxxx Xxxxxxxxxx, XX 00000-0000 Attention: Corporate Trust Administration Telephone: (000-) 000-0000 Telecopy: (000-) 000-0000 Liquidity Provider: Xxxxxxxxxx Xxxxx-Xxxxxxxxxxx Xx Xxxxxxxxxxxx 0 X-00000 Xxxxxxxxx Xxxxxxx WESTDEUTSCHE LANDESBANK GIROZENTRALE Global Structured Finance 0000 Xxxxxx xx xxx Xxxxxxxx Xxx Xxxx, XX 00000 Attention: Structured Finance Xxxxxx Xxxxxx Telephone: +00-(000-) 000-0000 Telecopy: +00-(000-) 000-0000 with a copy of any Notice of Borrowing to: Landesbank Baden-Württemberg 000 Xxxx Xxxxxx, Xxxx Xxxxxxxx, 00xx Xxxxx WESTDEUTSCHE LANDESBANK GIROZENTRALE Loan Administration 0000 Xxxxxx xx xxx Xxxxxxxx Xxx Xxxx, Xxx Xxxx XX 00000 Attention: Xxxxxxx Xxxxx, Vice President Xxxxx Xxxxxx, Assistant Vice President Xxxxxxx Xxx Xxxxxx Xxxxxx Telephone: (000-) 000-0000 Telecopy: (000-) 000-0000 or, as to each of the foregoing, at such other address as shall be designated by such Person in a Written Notice written notice to the others. All such notices and communications shall be effective (i) if given by telecopier, when transmitted to the telecopier number specified above with receipt confirmedabove, and received in legible form (ii) if given by mail, five Business Days after being when deposited in the mails addressed as specified above, and (iii) if given by other means, when delivered at the address specified above, except that written notices to the Primary Liquidity Provider pursuant to the provisions of Articles II and III hereof shall not be effective until received by the Primary Liquidity Provider, subject to the last sentence of Section 2.02(f). A copy of all notices delivered hereunder to either party shall in addition be delivered to each of the parties to the Participation Agreements at their respective addresses set forth therein.
Appears in 3 contracts
Samples: Revolving Credit Agreement (Continental Airlines Inc /De/), Revolving Credit Agreement (Continental Airlines Inc /De/), Revolving Credit Agreement (Continental Airlines Inc /De/)
Notices, Etc. (a) Except as otherwise expressly provided herein, all notices and other communications provided for hereunder shall be made in writing (including sent by telecopiertelegraphic, telex or telecopy communication) and mailed, telegraphed, telexed, telecopied or delivered, if to Caterpillar, at its address at 100 N.E. Adams Street, Peoria, Illinois 61629-5370, Atxxxxxxx: Xxxxxxx - Corporate Finance Services; if to CFSC or CFC, at 2120 West End Avenue, Nashville, Tennessee 37203-0001, Xxxxxxxxx: Xxxxxxxxx; xx xx xxx Xxxx, xx xxx Xxxxxxxc Lending Office specified beneath its name on its respective signature page hereto; and if to the following addressAgent, at its address at Bank Loan Syndications, Two Penns Way, Suite 200, New Castle, Delaware 19720, Xxxxxxxxx: Borrower: Wilmington Trust Company Xxxxxx Square North 0000 Xxxxx Xxxxxx Xxxxxx XxxxxxxxxxXxxx Xxxx Xxxxxxxxxxxx, XX 00000Xxxxxxxxxx Xx. 002-0000 Attention: Corporate Trust Administration Telephone: 000894-000-0000 Telecopy: 000-000-0000 Liquidity Provider: Xxxxxxxxxx Xxxxx-Xxxxxxxxxxx Xx Xxxxxxxxxxxx 0 X-00000 Xxxxxxxxx Xxxxxxx Attention: Structured Finance Telephone: +00-000-000-0000 Telecopy: +00-000-000-0000 6120, with a copy of any Notice of Borrowing toto Citicorp North America, Ixx., 000 Xxxth Wacker Drive, Chicago, Illinois 60606, Attenxxxx: Landesbank Baden-Württemberg 000 Xxxx Xxxxxx, Xxxx Xxxxxxxx, 00xx Xxxxx Xxx Xxxx, Xxx Xxxx 00000 Attention: Xxxxxxx Xxxxx, Vice President Xxxxx Xxxxxx, Assistant Vice President Xxxxxxx Xxx Telephone: 000-000-0000 Telecopy: 000-000-0000 Xxxxxxxx X’Donnell; or, as to each of the foregoingparty, at such other address as shall othex xxxxxxx xx xxxxx be designated by such Person party in a Written Notice written notice to the othersother parties. All such notices and communications shall be effective deemed to have been given three (i3) if given by telecopier, when transmitted to the telecopier number specified above with receipt confirmed, and received in legible form (ii) if given by mail, five Business Days after being deposited deposit in the mails addressed as specified aboveUnited States mail (registered or certified, with postage prepaid and (iii) if given by other meansproperly addressed), when delivered at to the address specified abovetelegraph company, upon receipt of a telex or telecopy or when delivered in person or by courier service, except that written notices and communications to the Primary Liquidity Provider Agent pursuant to the provisions of Articles Article II and III or VII shall not be effective until received by the Primary Liquidity Provider, subject Agent.
(b) Each Borrower hereby agrees that it will provide to the last sentence Agent (unless otherwise agreed to by the Agent) all information, documents and other materials that it is obligated to furnish to the Agent or the Banks, as applicable, pursuant to this Agreement, including, without limitation, all notices, requests, financial statements, financial and other reports, certificates and other information materials, but excluding any such communication that (i) relates to a request for an extension of Section 2.02(fcredit (including any election of an interest rate or Interest Period relating thereto). A copy , (ii) relates to the payment of all notices delivered hereunder any principal or other amount due under this Agreement prior to either party shall in addition the scheduled date therefor, (iii) provides notice of any Event of Default or (iv) 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 hereunder (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 Agent to oploanswebadmin@citigroup.com. In addition, each Borroxxx xxxxxx xx xxxxxxxx xx xxxvide the Communications to the Agent in the manner otherwise specified in this Agreement but only to the extent requested by the Agent.
(c) The Agent agrees to make the Communications available to the Banks by posting the Communications on Intralinks or a substantially similar electronic transmission system (the “Platform”). Each 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 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 BORROWERS, ANY BANK OR ANY OTHER PERSON 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 BORROWERS’ OR THE 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 FROM SUCH AGENT PARTY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.
(e) The Agent agrees that the receipt of the parties Communications by the Agent at its e-mail address set forth above shall constitute effective delivery of the Communications to the Participation Agreements Agent for purposes of Section 8.02. Each Bank 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 Bank for purposes of Section 8.02. Each Bank agrees to notify the Agent in writing (including by electronic communication) from time to time of such Bank’s e-mail address(es) 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(es); provided that (x) notices and other communications sent to an e-mail address shall be deemed received upon the sender’s receipt of an acknowledgement from the intended recipient (such as by the “return receipt requested” function, as available, return e-mail or other written acknowledgement), provided that if such notice or other communication is not sent during the normal business hours of the recipient, such notice or communication shall be deemed to have been sent at their respective addresses set forth thereinthe opening of business on the next business day for the recipient, and (y) notices or communications posted to an Internet or intranet website shall be deemed received upon the deemed receipt by the intended recipient at its e-mail address as described in the foregoing clause (x) of notification that such notice or communication is available and identifying the website address therefor.
Appears in 2 contracts
Samples: Credit Agreement (Caterpillar Financial Services Corp), Credit Agreement (Caterpillar Inc)
Notices, Etc. Except as otherwise expressly provided herein, all notices and other communications provided for hereunder shall be made in writing (including telecopier and mailed or delivered or sent by telecopier) and addressed to the following addressapplicable party at its address set forth below: Borrower: Wilmington Trust Company Xxxxxx Square North 0000 Xxxxx Xxxxxx Xxxxxx Xxxxxxxxxx, XX 00000-0000 Attention: Corporate Trust Administration Telephone: (000-) 000-0000 TelecopyFax: (000) 000-0000 with a copy to: United Air Lines, Inc. 00 Xxxx Xxxxxx Xxxxx Chicago, IL 60601 Attention: Xxxxxxx X. Xxxxxxxxx, Vice President & Treasurer E-Mail: xxxxxxx.xxxxxxxxx@xxxxxx.xxx Telephone: (000) 000-0000 Facsimile: (000) 000-0000; and General Counsel Telephone: (000) 000-0000 Facsimile: (000) 000-0000 Liquidity Provider: Xxxxxxxxxx Xxxxx-Xxxxxxxxxxx Xx Xxxxxxxxxxxx 0 X-00000 Xxxxxxxxx Xxxxxxx Sachs Bank USA 00 Xxxxxx Xxxxxx, 36th Floor Jersey City, NJ 07302 Attention: Structured Finance Xxxxxxxx Xxxx Telephone: +00-(000-) 000-0000 TelecopyFax: +00-(000-) 000-0000 with a copy of any Notice of Borrowing to: Landesbank Baden-Württemberg 000 Xxxx Xxxxxx, Xxxx Xxxxxxxx, 00xx Xxxxx Xxx Xxxx, Xxx Xxxx 00000 Attention: Xxxxxxx Xxxxx, Vice President Xxxxx Xxxxxx, Assistant Vice President Xxxxxxx Xxx Telephone: 000-000-0000 Telecopy: 000-000-0000 or, as or to each of the foregoing, at such other address as shall be designated by such Person in a Written Notice written notice to the others. All such notices and communications shall be effective (i) if given by telecopier, when transmitted to the telecopier number specified above with receipt confirmedconfirmed electronically, and received in legible form form, (ii) if given by mail, five Business Days after being deposited in the mails addressed as specified above, and (iii) if given by other means, when delivered at the address specified above, except that written notices to the Primary Liquidity Provider pursuant to the provisions of Articles Article II and Article III hereof shall not be effective until received by the Primary Liquidity Provider. The Borrower shall give all Notices of Borrowing via telecopier; provided, subject that, in the event of a transmission failure, the Borrower shall use reasonable efforts to deliver the applicable Notice of Borrowing to the last sentence of Section 2.02(f)Liquidity Provider on the same Business Day using such other means as may be reasonably deemed necessary by the Borrower. A copy of all notices delivered hereunder to either party shall in addition be delivered to each of the parties to the Participation Agreements at their respective addresses set forth therein.
Appears in 2 contracts
Samples: Revolving Credit Agreement (United Air Lines Inc), Revolving Credit Agreement (United Air Lines Inc)
Notices, Etc. (a) Except where telephonic instructions or notices are authorized herein to be given (and except as otherwise expressly provided hereinin paragraph (b) below), all notices, demands, instructions and other communications required or permitted to be given to or made upon any party hereto or any other Person shall be in writing and shall be personally delivered or sent by registered or certified mail, postage prepaid, return receipt requested, or by a reputable overnight or courier delivery service, or by telecopier, and shall be deemed to be given for purposes of this Agreement when received or in the case of notice delivered by telecopy, upon completion of transmission with a copy of such notice also being delivered under any of the methods provided above, all in accordance with the provisions of this Section 12.3. Unless otherwise specified in a notice sent or delivered in accordance with the foregoing provisions of this Section 12.3, notices, demands, instructions and other communications in writing shall be given to or made upon the respective parties hereto at their respective addresses (or to their respective telecopier numbers) and, in the case of telephonic instructions or notices, by calling the telephone number or numbers indicated for such party as follows:.
(i) if to Crown Holdings, Crown International, CCSC or U.S. Borrower, to it at Xxx Xxxxx Xxx, Xxxxxxxxxxxx, Xxxxxxxxxxxx 00000, attention: Xx. Xxxxxxx X. Donahue (telecopy: (000) 000-0000), with a copy to Dechert LLP, 0000 Xxxx Xxxxxx, Xxxxxxxxxxxx, Xxxxxxxxxxxx 00000, attention: Xx. Xxxxxxx X. Lawlor, Esq. (telecopy: (000) 000-0000);
(ii) if to European Borrower, to it at Le Colisee I, Rue Fructidor, 75830 Xxxxx Xxxxx 00, Xxxxxx, attention: Xx. Xxxxxx Xxxxx (telecopy: 33 0 149 18 45 00), with a copy to Dechert LLP, 0000 Xxxx Xxxxxx, Xxxxxxxxxxxx, Xxxxxxxxxxxx 00000, attention: Xx. Xxxxxxx X. Lawlor, Esq. (telecopy: (000) 000-0000);
(iii) if to Canadian Borrower, to it at 0000 Xxxxx Xxxxxx, Xxxxxxx, Xxxxxxx X0X0X0, attention: Vice President, Finance (telecopy: (000) 000-0000);
(iv) if to Administrative Agent, to it at the Notice Address;
(v) if to U.K. Administrative Agent, to it at the Notice Address;
(vi) if to Canadian Administrative Agent, to it at the Notice Address;
(vii) if to Deutsche Bank AG New York Branch, as Facing Agent, to it at 00 Xxxxxx Xxxxxx, 5th Floor, Jersey City, New Jersey 07302;
(viii) if to a Lender or any other Facing Agent, to it at its address (or telecopy number) set forth on its most recent administrative questionnaire delivered to Administrative Agent or in the Assignment and Acceptance Agreement pursuant to which such Lender shall have become a party hereto.
(b) Notices and other communications to or by any Agent, the Lenders and the Facing Agent hereunder may be delivered or furnished by electronic communication (including e-mail and Internet or intranet websites) pursuant to procedures approved by Administrative Agent, provided that the foregoing shall not apply to notices pursuant to Article II unless otherwise agreed by Administrative Agent and the applicable Lender and, to the extent applicable, the Facing Agent. Any Agent or Borrower may, in its discretion, agree to accept notices and other communications to it hereunder by electronic communications pursuant to procedures approved by it, provided for hereunder shall that approval of such procedures may be made in writing (including sent by telecopier) and limited to the following address: Borrower: Wilmington Trust Company Xxxxxx Square North 0000 Xxxxx Xxxxxx Xxxxxx Xxxxxxxxxxparticular notices or communications. Unless Administrative Agent otherwise prescribes, XX 00000-0000 Attention: Corporate Trust Administration Telephone: 000-000-0000 Telecopy: 000-000-0000 Liquidity Provider: Xxxxxxxxxx Xxxxx-Xxxxxxxxxxx Xx Xxxxxxxxxxxx 0 X-00000 Xxxxxxxxx Xxxxxxx Attention: Structured Finance Telephone: +00-000-000-0000 Telecopy: +00-000-000-0000 with a copy of any Notice of Borrowing to: Landesbank Baden-Württemberg 000 Xxxx Xxxxxx, Xxxx Xxxxxxxx, 00xx Xxxxx Xxx Xxxx, Xxx Xxxx 00000 Attention: Xxxxxxx Xxxxx, Vice President Xxxxx Xxxxxx, Assistant Vice President Xxxxxxx Xxx Telephone: 000-000-0000 Telecopy: 000-000-0000 or, as to each of the foregoing, at such other address as shall be designated by such Person in a Written Notice to the others. All such notices and communications shall be effective (i) notices and other communications sent to an e-mail address shall be deemed received upon the sender’s receipt of an acknowledgement from the intended recipient (such as by the “return receipt requested” function, as available, return e-mail or other written acknowledgement), provided that if given by telecopiersuch notice or other communication is sent after 5:00 p.m. (New York City time), when transmitted such notice or communication shall be deemed to have been sent at the telecopier number specified above with receipt confirmedopening of business on the next Business Day for the recipient, and received in legible form (ii) if given notices or communications posted to an Internet or intranet website shall be deemed received upon the deemed receipt by mail, five Business Days after being deposited the intended recipient at its e-mail address as described in the mails addressed as specified above, foregoing clause (i) of notification that such notice or communication is available and (iii) if given by other means, when delivered at identifying the website address specified above, except that written notices therefor. Each Credit Party and Lender hereunder agrees to notify Administrative Agent in writing promptly of any change to the Primary Liquidity Provider pursuant to the provisions of Articles II and III shall not be effective until received by the Primary Liquidity Provider, subject to the last sentence of Section 2.02(f). A copy of all notices delivered hereunder to either party shall in addition be delivered to each of the parties to the Participation Agreements at their respective addresses set forth thereinnotice information provided above.
Appears in 2 contracts
Samples: Credit Agreement (Crown Holdings Inc), Credit Agreement (Crown Holdings Inc)
Notices, Etc. (a) Except as otherwise expressly provided herein, all notices and other communications provided for hereunder shall be made in writing (including sent by telecopiertelegraphic, telex or telecopy communication) and mailed, telegraphed, telexed, telecopied or delivered, if to Caterpillar, at its address at 100 N.E. Adams Street, Peoria, Illinois 61629-5370, Xxxxxxxxx: Xxxxxxx - Corporate Finance Services; if to CFSC, CIF, or CFC, at 2120 West End Avenue, Nashville, Tennessee 37203-0000, Xxxxxxxxx: Xxxxxxxxx; xx xx xxx Xxxx, xx xxx Xxxxxtic Lending Office specified beneath its name on its respective signature page hereto; and if to the following addressAgent, at its address at Bank Loan Syndications, Two Penns Way, Suite 200, New Castle, Delaware 19720, Xxxxxxxxx: Borrower: Wilmington Trust Company Xxxxxx Square North 0000 Xxxxx Xxxxxx Xxxxxx XxxxxxxxxxXxxx Xxxx Xxxxxxxxxxxx, XX 00000Xxxxxxxxxx Xx. 302-0000 Attention: Corporate Trust Administration Telephone: 000894-000-0000 Telecopy: 000-000-0000 Liquidity Provider: Xxxxxxxxxx Xxxxx-Xxxxxxxxxxx Xx Xxxxxxxxxxxx 0 X-00000 Xxxxxxxxx Xxxxxxx Attention: Structured Finance Telephone: +00-000-000-0000 Telecopy: +00-000-000-0000 6120, with a copy of any Notice of Borrowing toto Citicorp North America, Xxx., 000 Xouth Wacker Drive, Chicago, Illinois 60606, Attxxxxxx: Landesbank Baden-Württemberg 000 Xxxx Xxxxxx, Xxxx Xxxxxxxx, 00xx Xxxxx Xxx Xxxx, Xxx Xxxx 00000 Attention: Xxxxxxx Xxxxx, Vice President Xxxxx Xxxxxx, Assistant Vice President Xxxxxxx Xxx Telephone: 000-000-0000 Telecopy: 000-000-0000 Xxxxxxxx X’Donnell; or, as to each of the foregoingparty, at such other address as shall otxxx xxxxxxx xx xxxll be designated by such Person party in a Written Notice written notice to the othersother parties. All such notices and communications shall be effective deemed to have been given three (i3) if given by telecopier, when transmitted to the telecopier number specified above with receipt confirmed, and received in legible form (ii) if given by mail, five Business Days after being deposited deposit in the mails addressed as specified aboveUnited States mail (registered or certified, with postage prepaid and (iii) if given by other meansproperly addressed), when delivered at to the address specified abovetelegraph company, upon receipt of a telex or telecopy or when delivered in person or by courier service, except that written notices and communications to the Primary Liquidity Provider Agent pursuant to the provisions of Articles Article II and III or VII shall not be effective until received by the Primary Liquidity Provider, subject Agent.
(b) Each Borrower hereby agrees that it will provide to the last sentence Agent (unless otherwise agreed to by the Agent) all information, documents and other materials that it is obligated to furnish to the Agent or the Banks, as applicable, pursuant to this Agreement, including, without limitation, all notices, requests, financial statements, financial and other reports, certificates and other information materials, but excluding any such communication that (i) relates to a request for an extension of Section 2.02(fcredit (including any election of an interest rate or Interest Period relating thereto). A copy , (ii) relates to the payment of all notices delivered hereunder any principal or other amount due under this Agreement prior to either party shall in addition the scheduled date therefor, (iii) provides notice of any Event of Default or (iv) 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 hereunder (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 Agent to oploanswebadmin@citigroup.com. In addition, each Borxxxxx xxxxxx xx xxxxxxxx xx xrovide the Communications to the Agent in the manner otherwise specified in this Agreement but only to the extent requested by the Agent.
(c) The Agent agrees to make the Communications available to the Banks by posting the Communications on Intralinks or a substantially similar electronic transmission system (the “Platform”). Each 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 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 BORROWERS, ANY BANK OR ANY OTHER PERSON 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 BORROWERS’ OR THE 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 FROM SUCH AGENT PARTY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.
(e) The Agent agrees that the receipt of the parties Communications by the Agent at its e-mail address set forth above shall constitute effective delivery of the Communications to the Participation Agreements Agent for purposes of Section 8.02. Each Bank 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 Bank for purposes of Section 8.02. Each Bank agrees to notify the Agent in writing (including by electronic communication) from time to time of such Bank’s e-mail address(es) 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(es); provided that (x) notices and other communications sent to an e-mail address shall be deemed received upon the sender’s receipt of an acknowledgement from the intended recipient (such as by the “return receipt requested” function, as available, return e-mail or other written acknowledgement), provided that if such notice or other communication is not sent during the normal business hours of the recipient, such notice or communication shall be deemed to have been sent at their respective addresses set forth thereinthe opening of business on the next business day for the recipient, and (y) notices or communications posted to an Internet or intranet website shall be deemed received upon the deemed receipt by the intended recipient at its e-mail address as described in the foregoing clause (x) of notification that such notice or communication is available and identifying the website address therefor.
Appears in 2 contracts
Samples: Credit Agreement (Caterpillar Inc), Credit Agreement (Caterpillar Financial Services Corp)
Notices, Etc. Except as otherwise expressly provided herein, all notices and Any notice or other communications provided for hereunder communication required or permitted to be given by this Agreement or the other Loan Documents or by applicable law shall be made in writing and shall be deemed received (including a) on the date delivered, if sent by telecopier) and hand delivery (to the person or department if one is specified below) with receipt acknowledged by the recipient thereof, (b) three (3) Business Days following addressthe date deposited in U.S. mail, certified or registered, with return receipt requested, or (c) one (1) Business Day following the date deposited with Federal Express or other national overnight carrier, and in each case addressed as follows: If to Borrower: Wilmington Trust Company Xxxxxx Square North 0000 CHT Harborchase Assisted Living Owner, LLC c/o CNL Healthcare Trust, Inc. CNL Center at City Commons 000 Xxxxx Xxxxxx Xxxxxx XxxxxxxxxxXxxxxxx, XX 00000-0000 Attention: Corporate Trust Administration Telephone: 000-000-0000 Telecopy: 000-000-0000 Liquidity Provider: Xxxxxxxxxx Xxxxx-Xxxxxxxxxxx Xx Xxxxxxxxxxxx 0 X-00000 Xxxxxxxxx Xxxxxxx Attention: Structured Finance Telephone: +00-000-000-0000 Telecopy: +00-000-000-0000 with a copy of any Notice of Borrowing to: Landesbank Baden-Württemberg 000 Xxxx Xxxxxx, Xxxx Xxxxxxxx, 00xx Xxxxx Xxx Xxxx, Xxx Xxxx 00000 Attention: Xxxxxxx Xxxxxx X. Xxxxxxx, SVP and CFO and Xxxxx X. Xxxxx, Vice President SVP and General Counsel and to: Lowndes, Drosdick, Doster, Xxxxxx & Xxxx, P.A. 000 X. Xxxx Xxxxx XxxxxxXxxxxxx, Assistant Vice President Xxxxxxx Xxx Telephone00000 Attn: 000-000-Xxxxx Xxxx Xxxxx, Esq. If to Lender: Synovus Bank 000 Xxxxxx Xxxxx Xxxxxxx Xxxxx 000 Xxxxxxxxxx, Xxxxxxx 00000 Attn: Senior Housing and Healthcare Lending and to: Xxxx & Xxxxxx LLP 000 Xxxxx 00xx Xxxxxx Xxxxx 0000 Telecopy: 000-000-0000 orXxxxxxxxxx, Xxxxxxx 00000 Xxxx Xxxxxxxxxx Xxxxx, Esq. Either party may change its address to another single address by notice given as to each herein provided, except any change of the foregoing, at such other address as shall notice must be designated by such Person in a Written Notice to the others. All such notices and communications shall be effective (i) if given by telecopier, when transmitted to the telecopier number specified above with receipt confirmed, and actually received in legible form (ii) if given by mail, five Business Days after being deposited in the mails addressed as specified above, and (iii) if given by other means, when delivered at the address specified above, except that written notices order to the Primary Liquidity Provider pursuant to the provisions of Articles II and III shall not be effective until received by the Primary Liquidity Provider, subject to the last sentence of Section 2.02(f). A copy of all notices delivered hereunder to either party shall in addition be delivered to each of the parties to the Participation Agreements at their respective addresses set forth thereineffective.
Appears in 2 contracts
Samples: Loan Agreement, Loan Agreement (CNL Healthcare Trust, Inc.)
Notices, Etc. Except as otherwise expressly provided herein, all All notices and other communications provided for hereunder under any Loan Document shall be made in writing (including sent by telecopier) and to mailed, faxed, or delivered at the following address: Borrower: Wilmington Trust Company Xxxxxx Square North 0000 Xxxxx Xxxxxx Xxxxxx Xxxxxxxxxxaddresses set forth below, XX 00000-0000 Attention: Corporate Trust Administration Telephone: 000-000-0000 Telecopy: 000-000-0000 Liquidity Provider: Xxxxxxxxxx Xxxxx-Xxxxxxxxxxx Xx Xxxxxxxxxxxx 0 X-00000 Xxxxxxxxx Xxxxxxx Attention: Structured Finance Telephone: +00-000-000-0000 Telecopy: +00-000-000-0000 with a copy of any Notice of Borrowing to: Landesbank Baden-Württemberg 000 Xxxx Xxxxxx, Xxxx Xxxxxxxx, 00xx Xxxxx Xxx Xxxx, Xxx Xxxx 00000 Attention: Xxxxxxx Xxxxx, Vice President Xxxxx Xxxxxx, Assistant Vice President Xxxxxxx Xxx Telephone: 000-000-0000 Telecopy: 000-000-0000 or, as to each of the foregoing, or at such other address as shall be designated such party may specify by such Person in a Written Notice written notice to the othersother parties hereto: If to the Borrower: Central Iowa Energy, LLC 2000 0xx Xxx Xxxx Xxxxxx, XX 00000 Telephone: (000) 000-0000 Fax: (000) 000-0000 Attention: President With a copy to: Bxxxx Winick, Graves, Gross, Bxxxxxxxxxx & Schoenebaum, P.L.C. Sxxxx 0000 Xxxx Xxxxxx Xxx Xxxxxx, XX 00000 Telephone: (000) 000-0000 Fax: (000) 000-0000 Attn. Hxxxxx Xxxxxxxxxx If to the Lender: F & M Bank-Iowa 10 Xxxxx Xxxxx Xxx Xxxxxxxxxxxx, XX 00000 Telephone: (000) 000-0000 Facsimile: (000) 000-0000 Attention: Rxxxx Xxxxx With copies to: AgStar Financial Services, PCA 3000 0xx Xxxxxx XX Xxxxx 000 Xxxxxxxxx XX 00000 Telephone: (000) 000-0000 Facsimile: (000) 000-0000 Attention: Mxxx Xxxxxxx Pxxxxxx X. Xxxxxx Gxxx Plant Mxxxx 1000 Xxxx Xx. Xxxxxxx, Xxxxx 000 Xx. Xxxxx, XX 00000 Facsimile: (000) 000-0000 All such notices and communications shall have been duly given and shall be effective effective: (ia) if given by telecopier, when delivered; (b) when transmitted via facsimile to the telecopier number specified set forth above with receipt confirmed, and received in legible form transmission electronically verified by the sending facsimile machine; (iic) if given the Business Day following the day on which the same has been delivered prepaid (or pursuant to an invoice arrangement) to a reputable national overnight air courier service; or (d) the third Business Day following the day on which the same is sent by certified or registered mail, five Business Days after being deposited postage prepaid. Any confirmation sent by the Lender to the Borrower of any borrowing under this Agreement shall, in the mails addressed as specified aboveabsence of manifest error, be conclusive and (iii) if given by other means, when delivered at the address specified above, except that written notices to the Primary Liquidity Provider pursuant to the provisions of Articles II and III shall not be effective until received by the Primary Liquidity Provider, subject to the last sentence of Section 2.02(f). A copy of binding for all notices delivered hereunder to either party shall in addition be delivered to each of the parties to the Participation Agreements at their respective addresses set forth thereinpurposes.
Appears in 2 contracts
Samples: Master Loan Agreement (Central Iowa Energy, LLC), Master Loan Agreement (Central Iowa Energy, LLC)
Notices, Etc. Except as otherwise expressly provided hereinAll notices, all notices requests, demands, directions and other communications provided for hereunder in this Agreement shall be made in writing (including sent by telecopiertelegraphic communication) and shall be sufficiently and satisfactorily given if the same are mailed, postage prepaid, by certified or registered mail, return receipt requested, or delivered by hand, or delivered by private courier, fee prepaid, or delivered by facsimile transmission with positive confirmation of receipt, to the following addressapplicable party at the address indicated below: BorrowerIf to the Company or any Company Affiliate: Wilmington Trust Company National Tobacco Company, L.P. 000 Xxxx Xxxxxx Square North 0000 Xxxxx, 0xx Xxxxx Xxxxxx Xxxxxx XxxxxxxxxxXxx Xxxx, XX 00000-0000 Attention00000 Attn: Corporate Trust Administration Telephone: Xxxxxx X. Xxxxx, Xx., President FAX No. (000-000-0000 Telecopy: 000-000-0000 Liquidity Provider: Xxxxxxxxxx Xxxxx-Xxxxxxxxxxx Xx Xxxxxxxxxxxx 0 X-00000 Xxxxxxxxx Xxxxxxx Attention: Structured Finance Telephone: +00-000-000-0000 Telecopy: +00-000-) 000-0000 with a copy of any Notice of Borrowing to: Landesbank BadenXxxxxxx X. Xxx, Esquire Fennebresque, Clark, Xxxxxxxx & Hay Nations Bank Corporate Center, Suite 2900 000 Xxxxx Xxxxx Xxxxxx Charlotte, NC 00000-Württemberg 0000 FAX No. (000) 000-0000 If to Lancaster: Lancaster Leaf Tobacco Company of Pennsylvania, Inc. 000 Xxxx XxxxxxXxxxxxx Xxxxxx X.X. Xxx 000 Xxxxxxxxx, Xxxx Xxxxxxxx, 00xx Xxxxx Xxx Xxxx, Xxx Xxxx Xxxxxxxxxxxx 00000 Attention: Xxxxxxx Xxxxx, Vice President Xxxxx Xxxxxx X. Xxxxxx, Assistant Vice President Xxxxxxx Xxx Telephone: FAX No. (000-) 000-0000 Telecopywith a copy to: Xxxxxx X. Xxxxxxxxx, Esquire Xxxxxxx Xxxxxxxxx & Xxxxxxxx 000 Xxxx Xxxxxxxx Xxxxxx Xxxxxxxxx, XX 00000 FAX No. (000-) 000-0000 or, as to each of the foregoing, or at such other address as shall be designated by such a Person in a Written Notice to the othersaccordance with this Section 10.03. All such notices notices, requests, demands, directions and other communications shall be effective when personally delivered or faxed, upon actual delivery; or when delivered by private courier or telegraphed, shall be effective one (i1) if given by telecopier, when transmitted Business Day after being delivered to the telecopier number specified above with receipt confirmed, and received in legible form (ii) if given courier or telegraph company; or when mailed by certified or registered mail, five shall be effective three (3) Business Days after being deposited in the mails addressed as specified above, and (iii) if given by other means, when delivered at the address specified above, except that written notices to the Primary Liquidity Provider pursuant to the provisions of Articles II and III shall not be effective until received by the Primary Liquidity Provider, subject to the last sentence of Section 2.02(f). A copy of all notices delivered hereunder to either party shall in addition be delivered to each of the parties to the Participation Agreements at their respective addresses set forth thereinmails.
Appears in 2 contracts
Samples: Purchasing and Processing Agreement (National Tobacco Co Lp), Purchasing and Processing Agreement (National Tobacco Co Lp)
Notices, Etc. Except as otherwise expressly provided herein, all All notices and other communications provided for hereunder under any Loan Document shall be made in writing (including sent and mailed, faxed, or delivered at the addresses set forth below, or at such other address as such party may specify by telecopier) and written notice to the following addressother parties hereto: If to the Borrower: Wilmington Trust Company REG Xxxxxx, LLC c/o Renewable Energy Group, Inc. 000 X. Xxxx Ave., P.O. Box 888 Ames, Iowa 50010 Attn: President With a copy to: Xxxxxx, Polking, Gerken, Schwarzkopf & Xxxxxxxx, P.C. 000 X. Xxxxxxxxxx, Xxxxx 000 Xxxxxxxxx, Xxxx 00000-0000 Attn: Xxxx Xxxxxx Square North If to the Lender: AgStar Financial Services, PCA 0000 Xxxxxxx Xxxxx Xxxxxx Xxxxxx XxxxxxxxxxX.X. Xxx 0000 Xxxxxxx, XX 00000-0000 AttentionAttn: Corporate Trust Administration Telephone: 000-000-0000 Telecopy: 000-000-0000 Liquidity Provider: Xxxxxxxxxx Xxxxx-Xxxxxxxxxxx Xx Xxxxxxxxxxxx 0 X-00000 Xxxxxxxxx Xxxx Xxxxxxx Attention: Structured Finance Telephone: +00-000-000-0000 Telecopy: +00-000-000-0000 with a copy of any Notice of Borrowing With copies to: Landesbank Baden-Württemberg Xxxx Plant Xxxxx Xxxxx & Xxxxxxx, P.A. 0000 Xxxx Xx. Xxxxxxx Xxxxx 000 Xxxx Xxxxxx, Xxxx Xxxxxxxx, 00xx Xxxxx Xxx Xxxx, Xxx Xxxx 00000 Attention: Xxxxxxx Xx. Xxxxx, Vice President XX 00000 Attn: Xxxxxx Xxxxx Xxxxxx, Assistant Vice President Xxxxxxx Xxx Telephone: 000-000-0000 Telecopy: 000-000-0000 or, as to each of the foregoing, at such other address as shall be designated by such Person in a Written Notice to the others. All such notices and communications shall have been duly given and shall be effective effective: (ia) if given by telecopier, when delivered; (b) when transmitted via facsimile to the telecopier number specified above with receipt confirmed, and received in legible form set forth above; (iic) if given the Business Day following the day on which the same has been delivered prepaid (or pursuant to an invoice arrangement) to a reputable national overnight air courier service; or (d) the third Business Day following the day on which the same is sent by certified or registered mail, five Business Days after being deposited postage prepaid. Any confirmation sent by the Lender to the Borrower of any borrowing under this Agreement shall, in the mails addressed as specified aboveabsence of manifest error, be conclusive and (iii) if given by other means, when delivered at the address specified above, except that written notices to the Primary Liquidity Provider pursuant to the provisions of Articles II and III shall not be effective until received by the Primary Liquidity Provider, subject to the last sentence of Section 2.02(f). A copy of binding for all notices delivered hereunder to either party shall in addition be delivered to each of the parties to the Participation Agreements at their respective addresses set forth thereinpurposes.
Appears in 2 contracts
Samples: Master Loan Agreement (Renewable Energy Group, Inc.), Loan Agreement (Renewable Energy Group, Inc.)
Notices, Etc. Except as otherwise expressly provided hereinAll notices, all notices and requests, demands or other communications provided for hereunder which are required or may be given pursuant to the terms of this Loan Agreement shall be made in writing and shall be deemed to have been duly given: (including i) on the date of delivery if personally delivered by hand, (ii) upon the third day after such notice is (a) deposited in the United States mail, if mailed by registered or certified mail, postage prepaid, return receipt requested, or (b) sent by telecopiera nationally recognized overnight express courier, or (iii) and by facsimile upon written confirmation (other than the automatic confirmation that is received from the recipient's facsimile machine) of receipt by the recipient of such notice: If to the following addressSoftbank: BorrowerSOFTBANK Capital Partners LP SOFTBANK Capital Advisors Fund LP SOFTBANK Capital LP 1188 Centre Street Newton Center, Xxxxxxxxxxxxx 00000 Xxxxxxxxx: Wilmington Trust Company Xxxxxx Square North 0000 Xxxxx Xxxxxx Xxxxxx Xxxxxxxxxx, XX 00000Ron Fisher Facsimile No.: (617) 900-0000 AttentionWith a copy to: Corporate Trust Administration TelephoneSullivan & Cromwexx 1870 Embarcadxxx Xxxx Palo Alto, Xxxxxxxxxx 00000 Xxxxxxxxx: 000-Xxxx X. Xxxxx Telephone No.: (650) 000-0000 TelecopyFacsimile No.: 000-(600) 000-0000 Liquidity ProviderIf to OptiMark: Xxxxxxxxxx XxxxxOptiMark Holdings, Xxx. 10 Exchange Place Jersey City, Nex Xxxxxx 00000 Xxxxxxxxx: Xxxxxxx Xxxxxxx xx Xxcretary Telephone No.: (201) 536-Xxxxxxxxxxx Xx Xxxxxxxxxxxx 0 X-00000 Xxxxxxxxx Xxxxxxx Attention7000 Facsimile No.: Structured Finance Telephone: +00-000-(200) 000-0000 TelecopyWith a copy to: +00-000-Cummings & Lockwoxx Four Stamford Xxxxx 107 Elm Street Stamford, Connectixxx 00000 Xxxx: Xxxx X. Xxxxxxxx Telephone No: (200) 000-0000 with a copy of any Notice of Borrowing toFacsimile No: Landesbank Baden-Württemberg 000 Xxxx Xxxxxx, Xxxx Xxxxxxxx, 00xx Xxxxx Xxx Xxxx, Xxx Xxxx 00000 Attention: Xxxxxxx Xxxxx, Vice President Xxxxx Xxxxxx, Assistant Vice President Xxxxxxx Xxx Telephone: 000-(200) 000-0000 Telecopy: 000-000-0000 orXuch addresses may be changed, as from time to each of the foregoingtime, at such other address as shall be designated by such Person in a Written Notice to the others. All such notices and communications shall be effective (i) if xxxxx xx x xxtice given by telecopier, when transmitted to the telecopier number specified above with receipt confirmed, and received in legible form (ii) if given by mail, five Business Days after being deposited in the mails addressed as specified above, and (iii) if given by other means, when delivered at the address specified above, except that written notices to the Primary Liquidity Provider pursuant to the provisions of Articles II and III shall not be effective until received by the Primary Liquidity Provider, subject to the last sentence of manner provided in this Section 2.02(f). A copy of all notices delivered hereunder to either party shall in addition be delivered to each of the parties to the Participation Agreements at their respective addresses set forth therein9.1.
Appears in 2 contracts
Samples: Loan Agreement (Optimark Holdings Inc), Loan Agreement (Optimark Holdings Inc)
Notices, Etc. Except as otherwise expressly provided hereinAll notices, all notices consents, waivers, and other communications provided for hereunder which are required or permitted under this Agreement shall be made in writing will be deemed given to a party (including a) upon receipt, when personally delivered; (b) one (1) Business Day after deposit with an nationally recognized overnight courier service with next day delivery specified, costs prepaid) on the date of delivery, if delivered to the appropriate address by hand or by nationally recognized overnight courier service (costs prepaid); (c) the date of transmission if sent by telecopierfacsimile or e-mail with confirmation of transmission by the transmitting equipment if such notice or communication is delivered prior to 5:00 P.M., New York City time, on a Trading Day, or the next Trading Day after the date of transmission, if such notice or communication is delivered on a day that is not a Trading Day or later than 5:00 P.M., New York City time, on any Trading Day, provided confirmation of facsimile is mechanically or electronically generated and kept on file by the sending party and confirmation of email is kept on file, whether electronically or otherwise, by the sending party and the sending party does not receive an automatically generated message from the recipients email server that such e-mail could not be delivered to such recipient; (d) and the date received or rejected by the addressee, if sent by certified mail, return receipt requested, postage prepaid; or (e) seven days after the placement of the notice into the mails (first class postage prepaid), to the following party at the address, facsimile number, or e-mail address furnished by the such party, If to the Company, to: Borrower: Wilmington Trust Company Xxxxxx Square North 0000 Mohawk Group Holdings, Inc. 00 Xxxx 00xx Xxxxxx, 0xx Xxxxx Xxxxxx Xxxxxx XxxxxxxxxxXxx Xxxx, XX 00000-0000 00000 Attention: Corporate Trust Administration TelephoneXxxxx Xxxxx, President & CEO Email: 000-000-0000 Telecopy: 000-000-0000 Liquidity Provider: Xxxxxxxxxx Xxxxx-Xxxxxxxxxxx Xx Xxxxxxxxxxxx 0 X-00000 Xxxxxxxxx Xxxxxxx Attention: Structured Finance Telephone: +00-000-000-0000 Telecopy: +00-000-000-0000 xxxxx@xxxxxxxx.xxx with a copy of any Notice of Borrowing copies (which shall not constitute notice) to: Landesbank Baden-Württemberg 000 Xxxx XxxxxxFenwick & West, Xxxx LLP 1211 Avenue of the Xxxxxxxx, 00xx Xxxxx Xxx Xxxx, Xxx Xxxx 00000 Attention: Xxxxxxx XxxxxXxxx Xxxxxxx, Vice President Xxxxx XxxxxxEsq. E-mail: xxxxxxxx@xxxxxxx.xxx, Assistant Vice President Xxxxxxx Xxx Telephone: 000or if to a Purchaser, Broker or Holder of Merger Shares or Pre-000-0000 Telecopy: 000-000-0000 Merger Shares, to such person at the address set forth on the signature page hereto; or, as to each of the foregoingin either case, at such other address as any party shall be designated by such Person in a Written Notice have furnished to the others. All such notices and communications shall be effective (i) if given by telecopier, when transmitted to the telecopier number specified above other parties in writing in accordance with receipt confirmed, and received in legible form (ii) if given by mail, five Business Days after being deposited in the mails addressed as specified above, and (iii) if given by other means, when delivered at the address specified above, except that written notices to the Primary Liquidity Provider pursuant to the provisions of Articles II and III shall not be effective until received by the Primary Liquidity Provider, subject to the last sentence of this Section 2.02(f11(g). A copy of all notices delivered hereunder to either party shall in addition be delivered to each of the parties to the Participation Agreements at their respective addresses set forth therein.
Appears in 2 contracts
Samples: Registration Rights Agreement (Mohawk Group Holdings, Inc.), Registration Rights Agreement (Mohawk Group Holdings, Inc.)
Notices, Etc. Except as otherwise expressly provided herein, all All notices and other communications provided for required or permitted hereunder shall be made in writing and shall be deemed effectively given (including a) upon personal delivery, (b) when sent by telecopierconfirmed electronic mail or facsimile if sent during normal business hours of the recipient; if not, then on the next business day, (c) and to the following address: Borrower: Wilmington Trust Company Xxxxxx Square North 0000 Xxxxx Xxxxxx Xxxxxx Xxxxxxxxxxthree (3) business days after having been sent by registered or certified mail, XX 00000-0000 Attention: Corporate Trust Administration Telephone: 000-000-0000 Telecopy: 000-000-0000 Liquidity Provider: Xxxxxxxxxx Xxxxx-Xxxxxxxxxxx Xx Xxxxxxxxxxxx 0 X-00000 Xxxxxxxxx Xxxxxxx Attention: Structured Finance Telephone: +00-000-000-0000 Telecopy: +00-000-000-0000 return receipt requested, postage prepaid or (d) one (1) day after deposit with a copy nationally recognized overnight courier, specifying next day delivery, with written verification of any Notice of Borrowing to: Landesbank Baden-Württemberg 000 Xxxx Xxxxxx, Xxxx Xxxxxxxx, 00xx Xxxxx Xxx Xxxx, Xxx Xxxx 00000 Attention: Xxxxxxx Xxxxx, Vice President Xxxxx Xxxxxx, Assistant Vice President Xxxxxxx Xxx Telephone: 000-000-0000 Telecopy: 000-000-0000 or, as to each of the foregoing, at such other address as shall be designated by such Person in a Written Notice to the othersreceipt. All such notices and other communications shall be effective (i) if given by telecopier, when transmitted addressed to the telecopier number specified above with receipt confirmed, and received in legible form (ii) if given by mail, five Business Days after being deposited in the mails addressed as specified above, and (iii) if given by other means, when delivered at the address specified above, except that written notices to the Primary Liquidity Provider pursuant to the provisions of Articles II and III shall not be effective until received by the Primary Liquidity Provider, subject to the last sentence of Section 2.02(f). A copy of all notices delivered hereunder to either party shall in addition be delivered to each of the parties to the Participation Agreements at their respective addresses set forth thereinbelow, or at such other address as such party may designate by ten (10) days advance written notice to the other parties hereto. If, to the Company: with copies to: Independence Contract Drilling, Inc. 00000 X. Xxxxxxx Street Houston, Texas 77086 Attn: Chief Executive Officer Telephone: (000) 000-0000 Telecopy: (000) 000-0000 Fulbright & Xxxxxxxx, L.L.P. 0000 XxXxxxxx, Xxxxx 0000 Xxxxxxx, Xxxxx 00000 Attention: Xxxxx X. Xxxxxxxx Telephone: (000) 000-0000 Telecopy: (000) 000-0000 if to GES: with copies to: Global Energy Services Operating, LLC 00000 X. Xxxxxxx Street Houston, Texas 77086 Attn: Chief Executive Officer Telephone: (000) 000-0000 Telecopy: (000) 000-0000 BoyarMiller 0000 Xxx Xxxxxx, Suite 1200 Houston, Texas 77027 Attention: J. Xxxxxxx Xxxxx Telephone: (000) 000-0000 Telecopy: (000) 000-0000 If to RAC: with copies to: Independence Contract Drilling, LLC 00000 X. Xxxxxxx Street Houston, Texas 77086 Attn: Chief Executive Officer Telephone: (000) 000-0000 Telecopy: (000) 000-0000 Fulbright & Xxxxxxxx, L.L.P. 0000 XxXxxxxx, Xxxxx 0000 Xxxxxxx, Xxxxx 00000 Attention: Xxxxx X. Xxxxxxxx Telephone: (000) 000-0000 Telecopy: (000) 000-0000 Any party may from time to time change its address for the purpose of notices to that party by a similar notice specifying a new address, but no such change shall be deemed to have been given until it is actually received by the party sought to be charged with its contents.
Appears in 2 contracts
Samples: Asset Contribution and Share Subscription Agreement (Independence Contract Drilling, Inc.), Asset Contribution and Share Subscription Agreement (Independence Contract Drilling, Inc.)
Notices, Etc. Except as otherwise expressly provided hereinAll notices, all notices consents, waivers, and other communications provided for hereunder which are required or permitted under this Agreement shall be made in writing will be deemed given to a party (including a) upon receipt, when personally delivered; (b) one (1) Business Day after deposit with a nationally recognized overnight courier service with next day delivery specified, costs prepaid on the date of delivery, if delivered to the appropriate address by hand or by nationally recognized overnight courier service (costs prepaid); (c) the date of transmission if sent by telecopiere-mail with confirmation of transmission by the transmitting equipment if such notice or communication is delivered prior to 5:00 P.M., New York City time, on a Trading Day, or the next Trading Day after the date of transmission, if such notice or communication is delivered on a day that is not a Trading Day or later than 5:00 P.M., New York City time, on any Trading Day, provided confirmation of email is kept on file, whether electronically or otherwise, by the sending party and the sending party does not receive an automatically generated message from the recipients email server that such e-mail could not be delivered to such recipient; (d) and the date received or rejected by the addressee, if sent by certified mail, return receipt requested, postage prepaid; or (e) seven (7) days after the placement of the notice into the mails (first class postage prepaid), to the following address: Borrower: Wilmington Trust Company Xxxxxx Square North 0000 Xxxxx Xxxxxx Xxxxxx Xxxxxxxxxxparty at the address or e-mail address furnished by the such party, XX 00000-0000 Attention: Corporate Trust Administration Telephone: 000-000-0000 Telecopy: 000-000-0000 Liquidity Provider: Xxxxxxxxxx Xxxxx-Xxxxxxxxxxx Xx Xxxxxxxxxxxx 0 X-00000 Xxxxxxxxx Xxxxxxx Attention: Structured Finance Telephone: +00-000-000-0000 Telecopy: +00-000-000-0000 with a copy of any Notice of Borrowing If to the Company, to: Landesbank Baden-Württemberg 000 Xxxx XxxxxxTransphorm, Xxxx Xxxxxxxx, 00xx Xxxxx Xxx Xxxx, Xxx Xxxx 00000 Attention: Xxxxxxx Xxxxx, Vice President Inc. 00 Xxxxxxxxx Xxxxx Xxxxxx, Assistant Vice President XX 00000 Attn: Xxxxxx Xxxxxx and Xxxxxxx Xxx TelephoneXxXxxxx Email: 000-000-0000 Telecopyxxxxxxx@xxxxxxxxxxxxx.xxx and xxxxxxxx@xxxxxxxxxxxxx.xxx with copy to: 000-000-0000 orXxxxxx Xxxxxxx Xxxxxxxx and Xxxxxx P.C. 000 Xxxx Xxxx Xxxx Xxxx Xxxx, as XX 00000 Attn: Xxxxx Xxxxxx and Xxxxx Xxxx Email: xxxxxxx@xxxx.xxx and xxxxx@xxxx.xxx if to each of a Holder, to: such Holder at the foregoing, address set forth on the signature page hereto or in the Company’s records; or at such other address as any party shall be designated by such Person in a Written Notice have furnished to the others. All such notices and communications shall be effective (i) if given by telecopier, when transmitted to the telecopier number specified above other parties in writing in accordance with receipt confirmed, and received in legible form (ii) if given by mail, five Business Days after being deposited in the mails addressed as specified above, and (iii) if given by other means, when delivered at the address specified above, except that written notices to the Primary Liquidity Provider pursuant to the provisions of Articles II and III shall not be effective until received by the Primary Liquidity Provider, subject to the last sentence of this Section 2.02(f10(h). A copy of all notices delivered hereunder to either party shall in addition be delivered to each of the parties to the Participation Agreements at their respective addresses set forth therein.
Appears in 2 contracts
Samples: Registration Rights Agreement (Transphorm, Inc.), Registration Rights Agreement (Transphorm, Inc.)
Notices, Etc. Except as otherwise expressly provided herein, all All notices and other communications provided for hereunder under any Loan Document shall be made in writing (including sent and mailed, faxed, or delivered at the addresses set forth below, or at such other address as such party may specify by telecopier) and written notice to the following addressother parties hereto: If to the Borrower: Wilmington Trust Company Heron Lake BioEnergy, LLC 00000 000xx Xxxxxx Square North 0000 X.X. Xxx 000 Xxxxx Xxxxxx Xxxxxx XxxxxxxxxxXxxx, XX 00000-0000 Attention: Corporate Trust Administration Telephone: (000-) 000-0000 TelecopyFax: (000-) 000-0000 Liquidity Provider: Xxxxxxxxxx Xxxxx-Xxxxxxxxxxx Xx Xxxxxxxxxxxx 0 X-00000 Xxxxxxxxx Xxxxxxx Attention: Structured Finance President With a copy to: Xxxxxxxxx & Xxxxxx P.L.L.P. 0000 XXX Xxxxxx 00 Xxxxx Xxxxxx Xxxxxx Xxxxxxxxxxx, XX 00000-0000 Telephone: +00-(000-) 000-0000 TelecopyFax: +00-(000-) 000-0000 with a copy of any Notice of Borrowing toAttn. Xxxxxxx Xxxxxx If to the Lender: Landesbank BadenAgStar Financial Services, PCA 0000 Xxxxxxx Xxxxx X.X. Xxx 0000 Xxxxxxx, XX 00000-Württemberg 000 Xxxx Xxxxxx, Xxxx Xxxxxxxx, 00xx Xxxxx Xxx Xxxx, Xxx Xxxx 00000 Attention: Xxxxxxx Xxxxx, Vice President Xxxxx Xxxxxx, Assistant Vice President Xxxxxxx Xxx 0000 Telephone: (000-) 000-0000 TelecopyFacsimile: (000-) 000-0000 orAttention: Xxxx Xxxxxxx With copy to: Xxxxxxx X. Xxxxxx Xxxx Plant Xxxxx 0000 Xxxx Xx. Xxxxxxx, as to each of the foregoingXxxxx 000 Xx. Xxxxx, at such other address as shall be designated by such Person in a Written Notice to the others. XX 00000 Facsimile: (000) 000-0000 All such notices and communications shall have been duly given and shall be effective effective: (ia) if given by telecopier, when delivered; (b) when transmitted via facsimile to the telecopier number specified above with receipt confirmed, and received in legible form set forth above; (iic) if given the Business Day following the day on which the same has been delivered prepaid (or pursuant to an invoice arrangement) to a reputable national overnight air courier service; or (d) the third Business Day following the day on which the same is sent by certified or registered mail, five Business Days after being deposited postage prepaid. Any confirmation sent by the Lender to the Borrower of any borrowing under this Agreement shall, in the mails addressed as specified aboveabsence of manifest error, be conclusive and (iii) if given by other means, when delivered at the address specified above, except that written notices to the Primary Liquidity Provider pursuant to the provisions of Articles II and III shall not be effective until received by the Primary Liquidity Provider, subject to the last sentence of Section 2.02(f). A copy of binding for all notices delivered hereunder to either party shall in addition be delivered to each of the parties to the Participation Agreements at their respective addresses set forth therein.purposes
Appears in 2 contracts
Samples: Master Loan Agreement (Heron Lake BioEnergy, LLC), Master Loan Agreement (Heron Lake BioEnergy, LLC)
Notices, Etc. Except as otherwise expressly provided herein, all All notices and or other communications provided for required or permitted hereunder shall be made in writing (including sent and shall be personally delivered, transmitted by telecopier) , delivered by overnight courier, or mailed by registered or certified mail, postage prepaid, with return receipt requested and addressed as follows: If to the following addressany Guarantor: Borrower: Wilmington Trust Company Xxxxxx Square North The New York Restaurant Group, Inc. 0000 Xxxxx Xxxxxx Xxxxxx XxxxxxxxxxXxx Xxxx, XX 00000-0000 Attention00000 Attn: Corporate Trust Administration Telephone: 000-000-0000 Telecopy: 000-000-0000 Liquidity Provider: Xxxxxxxxxx Xxxxx-Xxxxxxxxxxx Xx Xxxxxxxxxxxx 0 X-00000 Xxxxxxxxx Xxxxxxx Attention: Structured Finance Telephone: +00-000-000-0000 Telecopy: +00-000-000-0000 with a copy Xxxx X. Xxxxxx Executive Vice President Copies of any Notice of Borrowing notice to any Guarantor shall be delivered to: Landesbank Baden-Württemberg Xxxxxxxx, Xxxxxxx & Xxxxxxx 000 Xxxx Xxxxxxx Xxxxxx Xxxxxx, Xxxx XxxxxxxxXX 00000 Attn: Xxxxxxxxx X. Xxxxxxx, 00xx Xxxxx Esq. if to the Bank: Fleet Bank, N.A. 1185 Avenue of the Americas Xxx Xxxx, Xxx Xxxx 00000 AttentionAttn: Xxxxxxx Xxxxx, Judah Zweiter Vice President Xxxxx Xxxxxxwith a copy to: Xxxxxxxx Xxxxxxxxx Xxxxxx Aronsohn & Xxxxxx LLP 0000 Xxxxxx xx xxx Xxxxxxxx Xxx Xxxx, Assistant Vice President Xxxxxxx Xxx TelephoneXxxx 00000 Attn: 000-000-0000 Telecopy: 000-000-0000 orXxxxxx X. Xxxxxxxx, as Esq. Any party may change the person or address to each of the foregoingwhom or which notices are given hereunder; provided, at however, that any such other address as notice shall be designated deemed to have been given hereunder only when actually received by such Person in a Written Notice the party to the otherswhich it is addressed. All such notices and communications Any notice or other communication given hereunder shall be effective (i) deemed to have been given or delivered: if given personally delivered, upon delivery, if transmitted by telecopier, when transmitted to upon transmission thereof as indicated on the telecopier number specified above with receipt confirmedtransmission receipts, if sent by overnight courier, on the first (1st) business day of the Bank after being sent, and received in legible form (ii) if given sent by mail, five Business Days on the third (3rd) business day of the Bank after being deposited in the mails addressed as specified above, and (iii) if given by other means, when delivered at the address specified above, except that written notices to the Primary Liquidity Provider pursuant to the provisions of Articles II and III shall not be effective until received by the Primary Liquidity Provider, subject to the last sentence of Section 2.02(f)mailing. A copy of all notices delivered hereunder to either Each party shall in addition be delivered entitled to each rely on all communications which purport to be given on behalf of any other party hereto and purport to be signed by an authorized signatory of such party or the parties to the Participation Agreements at their respective addresses set forth thereinabove-indicated attorneys.
Appears in 2 contracts
Samples: Loan Agreement (New York Restaurant Group Inc), Loan Agreement (Smith & Wollensky Restaurant Group Inc)
Notices, Etc. Except as otherwise expressly provided hereinAny notice, all notices and consent or other communications provided for hereunder communication (a "NOTICE") given pursuant to or in connection with this Agreement shall be made in writing (including in the English language and shall be sufficiently given to the Person to whom it is addressed if transmitted by facsimile, delivered in person or sent by telecopier) and prepaid registered mail to or for such Person at the following address: Borrower: Wilmington Trust Company Xxxxxx Square North 0000 Xxxxx Xxxxxx Xxxxxx Xxxxxxxxxx, XX 00000-0000 Attention: Corporate Trust Administration Telephone: 000-000-0000 Telecopy: 000-000-0000 Liquidity Provider: Xxxxxxxxxx Xxxxx-Xxxxxxxxxxx Xx Xxxxxxxxxxxx 0 X-00000 Xxxxxxxxx Xxxxxxx Attention: Structured Finance Telephone: +00-000-000-0000 Telecopy: +00-000-000-0000 with a copy address of any Notice of Borrowing to: Landesbank Baden-Württemberg 000 Xxxx Xxxxxx, Xxxx Xxxxxxxx, 00xx Xxxxx Xxx Xxxx, Xxx Xxxx 00000 Attention: Xxxxxxx Xxxxx, Vice President Xxxxx Xxxxxx, Assistant Vice President Xxxxxxx Xxx Telephone: 000-000-0000 Telecopy: 000-000-0000 or, as to each of the foregoing, such Person indicated below or at such other address as such Person shall have theretofore notified to the other party or parties hereto in accordance herewith. Any Notice so addressed and transmitted, delivered or mailed as aforesaid shall be designated deemed to have been sufficiently given or made on the date on which it was so transmitted by facsimile or delivered (provided that if such Person in day is not a Written Business Day, the Notice to the others. All such notices and communications shall be effective deemed given or made on the Business Day following transmission or delivery) or five (i5) if given by telecopier, when transmitted to the telecopier number specified above with receipt confirmed, and received in legible form (ii) if given by mail, five Business Days after being deposited following the date of mailing, as the case may be. Notwithstanding the foregoing, in case of strike, lock-out or other event, real or apprehended, which causes or would cause the mails addressed as specified aboveinterruption of the postal service, and (iii) if given by other means, when delivered at the address specified above, except that written notices to the Primary Liquidity Provider pursuant to the provisions of Articles II and III Notice shall not be effective until received by the Primary Liquidity Provider, subject to the last sentence of Section 2.02(f). A copy of all notices delivered hereunder to either party shall in addition be delivered to each of in person or transmitted by facsimile. To the parties to Vendor: ------------- Dxxxx Xxxxx 4105 Jxxx Xxxxxxxx Mxxxxxxx, Xxxxxx X0X 0X0 With a copy to: -------------- Rxxxxxxx, Xxxxxxxx & Sxxxxxx Stock Exchange Tower 800 Xxxxx Xxxxxxxx, Xxxxx 0000 Xxxxxxxx, Xxxxxx X0X 0X0 Attention: Bxxxx X. Xxxxxxx To the Participation Agreements at their respective addresses set forth therein.Purchaser: ---------------- Dxxxx Xxxxx President and Chief Executive Officer Insilco Corporation 400 Xxxxx Xxxxx X., Xxxxx Xxxxx Xxxxxx, Xxxx 00000 -30- With a copy to: --------------- Oxxxxx Xxxxxxx 1000 XxXxxx Xxxxxxx Avenue Montreal, Quebec H3A 3C1 Attention: Rxxxxx Xxxxxxxx
Appears in 2 contracts
Samples: Purchase and Sale Agreement (Insilco Corp/De/), Purchase and Sale Agreement (Insilco Holding Co)
Notices, Etc. Except as otherwise expressly provided hereinin this Agreement, all notices and other communications provided for hereunder made or required to be given pursuant to this Agreement or the Notes shall be made in writing (including and shall be delivered in hand, mailed by United States registered or certified first class mail, postage prepaid, sent by telecopierovernight courier, or sent by telegraph, telecopy, telefax or telex and confirmed by delivery via courier or postal service, addressed as follows:
(a) and if to the following address: Borrower: Wilmington Trust Company Xxxxxx Square North 0000 Xxxxx Xxxxxx Xxxxxx Xxxxxxxxxx, XX 00000-0000 at 1780 S. Bellaire Street, Suite 515, Denver, CO 80222 Attention: Corporate Trust Administration Telephone: Chiex Xxxxxxxxx Xxxxxxx Xxxxxxx Xx. 000-000-0000 Telecopyxx xx xuch other address for notice as the Borrower shaxx xxxx xxxx furnished in writing to the Agent; and
(b) if to the Agent, at 100 Federal Street, Boston, Massachusetts 02110, Attention: Structurxx Xxxx Xxxxxx, xxx xx 000 Xxxxxxxxx Xxxxxx Xxxce, N.E., Suite 500, Atlanta, Georgia 30346, Xxxx: Xxxx X. Xxxxx, Xxxxxxxx, Xxxxxxx Xx. 000-000-0000 Liquidity Provider: Xxxxxxxxxx Xxxxx-Xxxxxxxxxxx Xx Xxxxxxxxxxxx 0 X-00000 Xxxxxxxxx Xxxxxxx Attention: Structured Finance Telephone: +00-000-000-0000 Telecopy: +00-000-000-0000 with a copy of xx xxxx xxher addrxxx xxx xxxxxe as the Agent shall lasx xxxx xxxxxshed in writing to the Borrower.
(c) if to any Notice of Borrowing to: Landesbank Baden-Württemberg 000 Xxxx Xxxxxx, Xxxx Xxxxxxxx, 00xx Xxxxx Xxx Xxxx, Xxx Xxxx 00000 Attention: Xxxxxxx Xxxxx, Vice President Xxxxx Xxxxxx, Assistant Vice President Xxxxxxx Xxx Telephone: 000-000-0000 Telecopy: 000-000-0000 or, as to each of the foregoingLender, at such Lender's address set forth on such Lender's signature page, or such other address for notice as such Lender shall have last furnished in writing to the Person giving the notice. Any such notice or demand shall be designated by such Person in a Written Notice deemed to the others. All such notices have been duly given or made and communications shall be to have become effective (i) if given delivered by telecopierhand, when transmitted overnight courier or facsimile to a responsible officer of the telecopier number specified above with party to which it is directed, at the time of the receipt confirmed, thereof by such officer or the sending of such facsimile (as evidenced by confirmation of successful transmission) and received in legible form (ii) if given sent by registered or certified first-class mail, five postage prepaid, on the third Business Days after being deposited in Day following the mails addressed as specified above, and (iii) if given by other means, when delivered at the address specified above, except that written notices to the Primary Liquidity Provider pursuant to the provisions of Articles II and III shall not be effective until received by the Primary Liquidity Provider, subject to the last sentence of Section 2.02(f). A copy of all notices delivered hereunder to either party shall in addition be delivered to each of the parties to the Participation Agreements at their respective addresses set forth thereinmailing thereof.
Appears in 2 contracts
Samples: Term Loan Agreement (Amerivest Properties Inc), Revolving Credit Agreement (Amerivest Properties Inc)
Notices, Etc. Except as otherwise expressly provided herein, all notices and other communications provided for hereunder shall be made in writing (including telecopier and mailed or delivered or sent by telecopier) and to the following address: ): Borrower: Wilmington Trust Company WILMINGTON TRUST COMPANY Xxxxxx Square North 0000 Xxxxx Xxxxxx Xxxxxx Xxxxxxxxxx, XX 00000-0000 Attention: Corporate Trust Administration Telephone: (000-) 000-0000 Telecopy: (000-) 000-0000 Liquidity Provider: Xxxxxxxxxx Xxxxx-Xxxxxxxxxxx Xx Xxxxxxxxxxxx 0 X-00000 Xxxxxxxxx Xxxxxxx WESTDEUTSCHE LANDESBANK GIROZENTRALE Transportation Finance 0000 Xxxxxx xx xxx Xxxxxxxx Xxx Xxxx, XX 00000 Attention: Structured Finance Xxxxxxxx Xxxxxx Telephone: +00-(000-) 000-0000 Telecopy: +00-(000-) 000-0000 with a copy of any Notice of Borrowing to: Landesbank Baden-Württemberg 000 Xxxx Xxxxxx, Xxxx Xxxxxxxx, 00xx Xxxxx WESTDEUTSCHE LANDESBANK GIROZENTRALE Loan Administration 0000 Xxxxxx xx xxx Xxxxxxxx Xxx Xxxx, Xxx Xxxx XX 00000 Attention: Xxxxxxx Xxxxx, Vice President Xxxxx Xxxxxx, Assistant Vice President Xxxxxxx Xxx Xxxxx Telephone: (000-) 000-0000 Telecopy: (000-) 000-0000 or, as to each of the foregoing, at such other address as shall be designated by such Person in a Written Notice written notice to the others. All such notices and communications shall be effective (i) if given by telecopier, when transmitted to the telecopier number specified above with receipt confirmedabove, and received in legible form (ii) if given by mail, five Business Days after being when deposited in the mails addressed as specified above, and (iii) if given by other means, when delivered at the address specified above, except that written notices to the Primary Liquidity Provider pursuant to the provisions of Articles II and III hereof shall not be effective until received by the Primary Liquidity Provider, subject to the last sentence of Section 2.02(f). A copy of all notices delivered hereunder to either party shall in addition be delivered to each of the parties to the Participation Agreements at their respective addresses set forth therein.
Appears in 2 contracts
Samples: Revolving Credit Agreement (Continental Airlines Inc /De/), Revolving Credit Agreement (Continental Airlines Inc /De/)
Notices, Etc. (a) Except where telephonic instructions or notices are authorized herein to be given (and except as otherwise expressly provided hereinin paragraph (b) below), all notices, demands, instructions and other communications required or permitted to be given to or made upon any party hereto or any other Person shall be in writing and shall be personally delivered or sent by registered or certified mail, postage prepaid, return receipt requested, or by a reputable overnight or courier delivery service, or by telecopier, and shall be deemed to be given for purposes of this Agreement when received or in the case of notice delivered by telecopy, upon completion of transmission with a copy of such notice also being delivered under any of the methods provided above, all in accordance with the provisions of this Section 12.3. Unless otherwise specified in a notice sent or delivered in accordance with the foregoing provisions of this Section 12.3, notices, demands, instructions and other communications in writing shall be given to or made upon the respective parties hereto at their respective addresses (or to their respective telecopier numbers) and, in the case of telephonic instructions or notices, by calling the telephone number or numbers indicated for such party as follows:.
(i) if to Crown Holdings, Crown International, CCSC or U.S. Borrower, to it at Xxx Xxxxx Xxx, Xxxxxxxxxxxx, Xxxxxxxxxxxx 00000, attention: Xx. Xxxx X. Rutherford (telecopy: (000) 000-0000), with a copy to Dechert LLP, 0000 Xxxx Xxxxxx, Xxxxxxxxxxxx, Xxxxxxxxxxxx 00000, attention: Xxxxxxx X. Xxxxxx, Esq. (telecopy: (000) 000-0000);
(ii) if to European Borrower, to it at Le Colisee I, Rue Fructidor, 75830 Xxxxx Xxxxx 00, Xxxxxx, attention: Xx. Xxxxxx Xxxxx (telecopy: 33 0 149 18 45 00), with a copy to Dechert LLP, 0000 Xxxx Xxxxxx, Xxxxxxxxxxxx, Xxxxxxxxxxxx 00000, attention: Xxxxxxx X. Xxxxxx, Esq. (telecopy: (000) 000-0000);
(iii) if to Canadian Borrower, to it at 0000 Xxxxx Xxxxxx, Xxxxxxx, Xxxxxxx X0X0X0, attention: Vice President, Finance (telecopy: (000) 000-0000);
(iv) if to Administrative Agent, to it at the Notice Address;
(v) if to U.K. Administrative Agent, to it at the Notice Address;
(vi) if to Canadian Administrative Agent, to it at the Notice Address;
(vii) if to Deutsche Bank AG New York Branch, as Facing Agent, to it at 00 Xxxxxx Xxxxxx, 5th Floor, Jersey City, New Jersey 07302;
(viii) if to a Lender or any other Facing Agent, to it at its address (or telecopy number) set forth on its most recent administrative questionnaire delivered to Administrative Agent or in the Assignment and Acceptance Agreement pursuant to which such Lender shall have become a party hereto.
(b) Notices and other communications to or by any Agent, the Lenders and the Facing Agent hereunder may be delivered or furnished by electronic communication (including e-mail and Internet or intranet websites) pursuant to procedures approved by Administrative Agent, provided that the foregoing shall not apply to notices pursuant to Article II unless otherwise agreed by Administrative Agent and the applicable Lender and, to the extent applicable, the Facing Agent. Any Agent or Borrower may, in its discretion, agree to accept notices and other communications to it hereunder by electronic communications pursuant to procedures approved by it, provided for hereunder shall that approval of such procedures may be made in writing (including sent by telecopier) and limited to the following address: Borrower: Wilmington Trust Company Xxxxxx Square North 0000 Xxxxx Xxxxxx Xxxxxx Xxxxxxxxxxparticular notices or communications. Unless Administrative Agent otherwise prescribes, XX 00000-0000 Attention: Corporate Trust Administration Telephone: 000-000-0000 Telecopy: 000-000-0000 Liquidity Provider: Xxxxxxxxxx Xxxxx-Xxxxxxxxxxx Xx Xxxxxxxxxxxx 0 X-00000 Xxxxxxxxx Xxxxxxx Attention: Structured Finance Telephone: +00-000-000-0000 Telecopy: +00-000-000-0000 with a copy of any Notice of Borrowing to: Landesbank Baden-Württemberg 000 Xxxx Xxxxxx, Xxxx Xxxxxxxx, 00xx Xxxxx Xxx Xxxx, Xxx Xxxx 00000 Attention: Xxxxxxx Xxxxx, Vice President Xxxxx Xxxxxx, Assistant Vice President Xxxxxxx Xxx Telephone: 000-000-0000 Telecopy: 000-000-0000 or, as to each of the foregoing, at such other address as shall be designated by such Person in a Written Notice to the others. All such notices and communications shall be effective (i) notices and other communications sent to an e-mail address shall be deemed received upon the sender’s receipt of an acknowledgement from the intended recipient (such as by the “return receipt requested” function, as available, return e-mail or other written acknowledgement), provided that if given by telecopiersuch notice or other communication is sent after 5:00 p.m. (New York City time), when transmitted such notice or communication shall be deemed to have been sent at the telecopier number specified above with receipt confirmedopening of business on the next Business Day for the recipient, and received in legible form (ii) if given notices or communications posted to an Internet or intranet website shall be deemed received upon the deemed receipt by mail, five Business Days after being deposited the intended recipient at its e-mail address as described in the mails addressed as specified above, foregoing clause (i) of notification that such notice or communication is available and (iii) if given by other means, when delivered at identifying the website address specified above, except that written notices therefor. Each Credit Party and Lender hereunder agrees to notify Administrative Agent in writing promptly of any change to the Primary Liquidity Provider pursuant to the provisions of Articles II and III shall not be effective until received by the Primary Liquidity Provider, subject to the last sentence of Section 2.02(f). A copy of all notices delivered hereunder to either party shall in addition be delivered to each of the parties to the Participation Agreements at their respective addresses set forth thereinnotice information provided above.
Appears in 2 contracts
Samples: Credit Agreement (Crown Holdings Inc), Credit Agreement (Crown Holdings Inc)
Notices, Etc. Except as otherwise in the case of notices and other communications expressly provided hereinpermitted to be given by telephone or email, all notices and other communications provided for hereunder herein shall be made in writing (including and shall be delivered by hand or overnight courier service, mailed by certified or registered mail or sent by telecopier) and telecopy, as follows: if to the following address: Borrower: Wilmington Trust Company Xxxxxx Square North Continental, to it at Continental Airlines, Inc., 0000 Xxxxx Xxxxxx Xxxxxx XxxxxxxxxxXxxxxx, XX 00000-0000 AttentionHouston, Texas 77002, Attention of Treasurer (Telecopier No.: Corporate Trust Administration Telephone000 000 0000, Telephone No.: 000-000-0000), email address (only when specifically permitted by this Agreement) xxxxxxxxx.xxxxxxx@xxxxx.xxx; if to CMI or AMI, to it at 0000 TelecopyXxxxx Xxxxxx, Houston, Texas 77002, Attention of Treasurer (Telecopier No.: 000 000 0000, Telephone No.: 000-000-0000 Liquidity Provider: Xxxxxxxxxx Xxxxx-Xxxxxxxxxxx Xx Xxxxxxxxxxxx 0 X-00000 Xxxxxxxxx Xxxxxxx Attention: Structured Finance Telephone: +00-000-000-0000 Telecopy: +00-000-000-0000 0000), email address (only when specifically permitted by this Agreement) xxxxxxxxx.xxxxxxx@xxxxx.xxx, with a copy of any Notice of Borrowing to: Landesbank Baden-Württemberg 000 Xxxx to Continental at the address in the preceding clause (a). if to the Administrative Agent, to it at Xxxxxxx Xxxxx Mortgage Capital Inc., 4 World Financial Xxxxxx, Xxxx Xxxxxxxx00xx Xxxxx, 00xx Xxxxx Xxx Xxxx, Xxx Xxxx 00000 00000; Attention: Xxxxxxx Xxxx Xxxxx, Vice President Xxxxx Xxxxxx, Assistant Vice President Xxxxxxx Xxx Telephone: Telecopier No (000) 000-0000; Telephone No. (000) 000-0000 Telecopy: 000-000-0000 and via email at xxxxxxxxxxxxxx@xxxxxxxx.xx.xxx. if to any other Lender, to it at its address (or telecopy number or, as to each of when specifically permitted by this Agreement, email address) set forth in the foregoing, at such Register. Any party hereto may change its address or telecopy number for notices and other address as shall be designated communications hereunder by such Person in a Written Notice notice to the othersother parties hereto. All such notices and other communications shall be effective (i) if given by telecopier, when transmitted to the telecopier number specified above any party hereto in accordance with receipt confirmed, and received in legible form (ii) if given by mail, five Business Days after being deposited in the mails addressed as specified above, and (iii) if given by other means, when delivered at the address specified above, except that written notices to the Primary Liquidity Provider pursuant to the provisions of Articles II this Agreement shall be deemed to have been given on the date of receipt. For purposes of providing notice and III shall not be effective until received deliveries hereunder, the Credit Parties may rely conclusively on the name and address of each Lender as set forth in the most recent list of Lenders' names and addresses provided to the Credit Parties hereunder by the Primary Liquidity Provider, subject Administrative Agent pursuant to the last sentence of Section 2.02(f9.03(c). A copy of all notices delivered hereunder to either party shall in addition be delivered to each of the parties to the Participation Agreements at their respective addresses set forth therein.
Appears in 2 contracts
Samples: Credit and Guaranty Agreement (Continental Airlines Inc /De/), Credit and Guaranty Agreement (Continental Airlines Inc /De/)
Notices, Etc. Except as otherwise expressly provided hereinAll notices, all notices consents, waivers, and other communications provided for hereunder which are required or permitted under this Agreement shall be made in writing will be deemed given to a party (including a) upon receipt, when personally delivered; (b) one (1) Business Day after deposit with an nationally recognized overnight courier service with next day delivery specified, costs prepaid) on the date of delivery, if delivered to the appropriate address by hand or by nationally recognized overnight courier service (costs prepaid); (c) the date of transmission if sent by telecopierfacsimile or e-mail with confirmation of transmission by the transmitting equipment if such notice or communication is delivered prior to 5:00 P.M., New York City time, on a Trading Day, or the next Trading Day after the date of transmission, if such notice or communication is delivered on a day that is not a Trading Day or later than 5:00 P.M., New York City time, on any Trading Day, provided confirmation of facsimile is mechanically or electronically generated and kept on file by the sending party and confirmation of email is kept on file, whether electronically or otherwise, by the sending party and the sending party does not receive an automatically generated message from the recipients email server that such e-mail could not be delivered to such recipient; (d) and the date received or rejected by the addressee, if sent by certified mail, return receipt requested, postage prepaid; or (e) seven days after the placement of the notice into the mails (first class postage prepaid), to the following party at the address, facsimile number, or e-mail address furnished by the such party, If to the Company, to: Borrower: Wilmington Trust Company Xxxxxx Square North Miramar Labs, Inc. 0000 Xxxxx Xxxxxx Santa Clara, CA 95051 Attn: Xxxxxxx Xxxxxx Xxxxxxxxxx, XX 00000-0000 Attention: Corporate Trust Administration TelephoneTelephone Number: 000-000-0000 TelecopyFacsimile: __________________ E-mail Address: xxxxxxx@xxxxxxxxxxx.xxx with copy to: Xxxxxx Xxxxxxx Xxxxxxxx & Xxxxxx, P.C. 000 Xxxx Xxxx Xxxx Xxxx Xxxx, XX 00000 Attention: Xxxxxx X. Xxxxxxxxx Facsimile: 000-000-0000 Liquidity Provider: Xxxxxxxxxx Xxxxx-Xxxxxxxxxxx Xx Xxxxxxxxxxxx 0 X-00000 Xxxxxxxxx Xxxxxxx Attention: Structured Finance Telephone: +00-000-000-0000 Telecopy: +00-000-000-0000 with a copy of any Notice of Borrowing to: Landesbank Baden-Württemberg 000 Xxxx Xxxxxx, Xxxx Xxxxxxxx, 00xx Xxxxx Xxx Xxxx, Xxx Xxxx 00000 Attention: Xxxxxxx Xxxxx, Vice President Xxxxx Xxxxxx, Assistant Vice President Xxxxxxx Xxx TelephoneTelephone Number: 000-000-0000 TelecopyE-mail Address: 000-000-0000 orxxxxxxxxxx@xxxx.xxx if to a Purchaser or Broker, as to each of to: such Purchaser or Broker at the foregoing, address set forth on the signature page hereto; or at such other address as any party shall be designated by such Person in a Written Notice have furnished to the others. All such notices and communications shall be effective (i) if given by telecopier, when transmitted to the telecopier number specified above other parties in writing in accordance with receipt confirmed, and received in legible form (ii) if given by mail, five Business Days after being deposited in the mails addressed as specified above, and (iii) if given by other means, when delivered at the address specified above, except that written notices to the Primary Liquidity Provider pursuant to the provisions of Articles II and III shall not be effective until received by the Primary Liquidity Provider, subject to the last sentence of this Section 2.02(f11(f). A copy of all notices delivered hereunder to either party shall in addition be delivered to each of the parties to the Participation Agreements at their respective addresses set forth therein.
Appears in 2 contracts
Samples: Registration Rights Agreement (Miramar Labs, Inc.), Registration Rights Agreement (Miramar Labs, Inc.)
Notices, Etc. Except as otherwise expressly provided hereinin Section ----------- 6.01, all notices and other communications provided for hereunder shall be made in writing (including sent by telecopierincluding, but not limited to, telephone facsimile communications) and sent via certified or registered mail, return receipt requested, via telephone facsimile, via personal delivery or via express courier or delivery service to the following address: Borrower: Wilmington Trust Company Xxxxxx Square North 0000 Xxxxx Xxxxxx Xxxxxx XxxxxxxxxxBorrower or the Bank, XX 00000-0000 Attention: Corporate Trust Administration Telephone: 000-000-0000 Telecopy: 000-000-0000 Liquidity Provider: Xxxxxxxxxx Xxxxx-Xxxxxxxxxxx Xx Xxxxxxxxxxxx 0 X-00000 Xxxxxxxxx Xxxxxxx Attention: Structured Finance Telephone: +00-000-000-0000 Telecopy: +00-000-000-0000 with a copy as the case may be, at the respective addresses or telephone facsimile numbers of any Notice of Borrowing to: Landesbank Baden-Württemberg 000 Xxxx Xxxxxx, Xxxx Xxxxxxxx, 00xx Xxxxx Xxx Xxxx, Xxx Xxxx 00000 Attention: Xxxxxxx Xxxxx, Vice President Xxxxx Xxxxxx, Assistant Vice President Xxxxxxx Xxx Telephone: 000-000-0000 Telecopy: 000-000-0000 the Borrower and the Bank specified below or, as to each of the foregoingeither party, at such other address or telephone facsimile number as shall be designated by such Person party in a Written Notice written notice to the othersother party complying as to delivery with the terms of this Section: if to the Borrower, at 0000 X. Xxxxxxx Xxxxxxxxxx, Xxxxx 0000, Xxxxxx, Xxxxx 00000, Attn: Xxxxx Xxxxxxxxx, telephone facsimile number (000) 000-0000; and if to the Bank, at One Citicorp Center, 000 Xxxx 00xx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000, Attention: Xxxxxxx Xxxxxxxxxxx, Vice President, telephone facsimile number (000) 000-0000, with a copy to Citicorp North America, Inc., Private Banking Division, 2100 Citicorp Center, 0000 Xxxxx Xxxxxx, Houston, Texas 77002, Attention: Xxxx Xxxxxxx, Vice President, telephone facsimile number (000) 000-0000. All such notices and other communications shall be effective deemed given (ia) when receipted for (or upon the date of attempted delivery when delivery is refused) if given by telecopier, when transmitted to the telecopier number specified above with receipt confirmed, and received in legible form (ii) if given by sent via certified or registered mail, five Business Days after return receipt requested, via (b) when received if sent via telephone facsimile (confirmation of such receipt via telephone facsimile being deposited in deemed receipt). Without limiting the mails addressed as specified abovegenerality of the preceding sentence, and (iii) if given by other means, when delivered at the address specified above, except that written notices to the Primary Liquidity Provider Bank pursuant to the provisions of Articles Article II and III shall not in no event be effective until received by the Primary Liquidity Provider, subject to the last sentence of Section 2.02(f). A copy of all notices delivered hereunder to either party shall in addition be delivered to each of the parties to the Participation Agreements at their respective addresses set forth thereinBank.
Appears in 2 contracts
Samples: Revolving Credit Facility (Wyly Samuel Evans), Revolving Credit Facility (Wyly Samuel Evans)
Notices, Etc. Except as otherwise expressly provided hereinAll notices, all notices requests, consents and other communications provided for hereunder shall be made in writing (including sent by telecopier) and writing, shall be addressed to the following address: Borrower: Wilmington Trust Company Xxxxxx Square North 0000 Xxxxx Xxxxxx Xxxxxx Xxxxxxxxxx, XX 00000-0000 Attention: Corporate Trust Administration Telephone: 000-000-0000 Telecopy: 000-000-0000 Liquidity Provider: Xxxxxxxxxx Xxxxx-Xxxxxxxxxxx Xx Xxxxxxxxxxxx 0 X-00000 Xxxxxxxxx Xxxxxxx Attention: Structured Finance Telephone: +00-000-000-0000 Telecopy: +00-000-000-0000 with a copy of any Notice of Borrowing to: Landesbank Baden-Württemberg 000 Xxxx Xxxxxx, Xxxx Xxxxxxxx, 00xx Xxxxx Xxx Xxxx, Xxx Xxxx 00000 Attention: Xxxxxxx Xxxxx, Vice President Xxxxx Xxxxxx, Assistant Vice President Xxxxxxx Xxx Telephone: 000-000-0000 Telecopy: 000-000-0000 or, as receiving party's address set forth below or to each of the foregoing, at such other address as a party may designate by notice hereunder, and shall be designated either (i) delivered by hand, (ii) made by telex, telecopy or facsimile transmission, (iii) sent by overnight courier, or (iv) sent by registered or certified mail, return receipt requested, postage prepaid. If to the Company: Media Logic, Inc. 000 Xxxxx Xxxxxx Xxxxxxxxxx, Xxxxxxxxxxxxx 00000 Attention: President Telephone: (000) 000-0000 Facsimile: (000) 000-0000 With a copy to: Xxxxxxx X. Xxxxx, Esquire Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C. Xxx Xxxxxxxxx Xxxxxx Xxxxxx, Xxxxxxxxxxxxx 00000 Telephone: (000) 000-0000 Facsimile: (000) 000-0000 If to the registered holder of this Warrant: Such address as may have been furnished to the Company in writing by such Person in a Written Notice to holder or at the othersaddress shown on such holder's Warrant. All such notices notices, requests, consents and other communications hereunder shall be effective deemed to have been given either (i) if given by telecopierhand, when transmitted at the time of the delivery thereof to the telecopier number specified above with receipt confirmedreceiving party at the address of such party set forth above, and received in legible form (ii) if given made by mailtelex, five Business Days after being deposited in telecopy or facsimile transmission, at the mails addressed as specified abovetime that receipt thereof has been acknowledged by electronic confirmation or otherwise, and (iii) if given sent by other meansovernight courier, when on the next business day following the day such notice is delivered at the address specified above, except that written notices to the Primary Liquidity Provider pursuant to courier service, or (iv) if sent by registered or certified mail, on the provisions of Articles II 5th business day following the day such mailing is made."
6. Except as modified by this Amendment, the Warrant shall remain in full force and III shall not be effective until received by the Primary Liquidity Provider, subject to the last sentence of Section 2.02(f). A copy of all notices delivered hereunder to either party shall in addition be delivered to each of the parties to the Participation Agreements at their respective addresses set forth thereineffect.
Appears in 2 contracts
Samples: Common Stock Purchase Warrant (Media Logic Inc), Common Stock Purchase Warrant Amendment (Media Logic Inc)
Notices, Etc. Except as otherwise expressly provided herein, all notices and other communications provided for hereunder shall be made in writing (including sent by telecopiertelexed, telegraphic, telecopier or other electronic communication) and mailed, faxed or delivered: if to the following address: Borrower: Wilmington Trust Company Xxxxxx Square North 0000 Xxxxx Xxxxxx Xxxxxx Xxxxxxxxxxany Pledgor, XX 00000-0000 Attention: Corporate Trust Administration Telephone: 000-000-0000 Telecopy: 000-000-0000 Liquidity Provider: Xxxxxxxxxx Xxxxx-Xxxxxxxxxxx Xx Xxxxxxxxxxxx 0 X-00000 Xxxxxxxxx Xxxxxxx Attention: Structured Finance Telephone: +00-000-000-0000 Telecopy: +00-000-000-0000 with a copy of any Notice of Borrowing to: Landesbank Baden-Württemberg at c/o General Maritime Corporation, 000 Xxxx Xxxxxx, Xxxx Xxxxxxxxas agent, 00xx Xxxxx Xxx Xxxx, Xxx Xxxx 00000 Xxxx, 00000-0000, with copies to (i) Xxxxxx Xxxxx Xxxxxxxx & Xxxxxxx LLP, 0000 Xxxxxx xx xxx Xxxxxxxx, Xxx Xxxx, XX 00000, Attention: Xxxxxxx XxxxxXxxx, Vice President Esq., Telephone No.: (000) 000-0000, Facsimile No.: (000) 000-0000, Email: xxxxx@xxxxxxxxxxx.xxx and (ii) Xxxxxxxx and Xxxxx LLP, 000 Xxxxxxxxxx Xxxxxx, Assistant Vice President Xxxxxxx Xxx TelephoneXxxxxxxxx, Xxxxxxxxxx 00000, Attention: Xxxxxxxx Xxxx, Telephone No.: (000) 000-0000, Facsimile No.: (000) 000-0000 Telecopy0000, Email: 000-000-0000 or, as xxxxxxxx.xxxx@xxxxxxxx.xxx; and if to each of the foregoingany Secured Creditor, at such other its address as shall be designated by such Person in a Written Notice specified opposite its name on Schedule II to the othersCredit Agreement; and if to the Pledgee, at its Notice Office. All such notices and communications shall be effective shall, (i) if given by telecopierwhen mailed, when transmitted to the telecopier number specified above with receipt confirmed, and received in legible form (ii) if given by mail, five be effective three Business Days after being deposited in the mails mails, prepaid and properly addressed as specified abovefor delivery, (ii) when sent by overnight courier, be effective one Business Day after delivery to the overnight courier prepaid and properly addressed for delivery on such next Business Day, or (iii) if given when sent by other meanstelex, email or telecopier, be effective when delivered at the address specified abovesent by telex, email or telecopier, except that written notices and communications to the Primary Liquidity Provider pursuant to the provisions of Articles II and III Pledgee or any Pledgor shall not be effective until received by the Primary Liquidity ProviderPledgee or such Pledgor, subject to as the last sentence of Section 2.02(f). A copy of all notices delivered hereunder to either party shall in addition be delivered to each of the parties to the Participation Agreements at their respective addresses set forth thereincase may be.
Appears in 2 contracts
Samples: Pledge Agreement (Gener8 Maritime, Inc.), Credit Agreement (Gener8 Maritime, Inc.)
Notices, Etc. Except as otherwise expressly provided herein, all (a) All notices and other communications provided for hereunder shall be made in writing (including telecopier or electronic mail) and mailed, sent by telecopier) and overnight courier, telecopied, emailed, or delivered, if to the following address: Borrower: Wilmington Trust Company Borrower or any other Loan Party, at its address at 0 Xxxxxx Square North 0000 Xxxxx Xxxxxx Xxxxxx Xxxxxx, Xxx Xxxxxxxxx, Xxxxxxxxxx, XX 00000-0000 , Attention: Corporate Trust Administration TelephoneTreasurer, Telecopier: 000-000-0000 Telecopy0000, email xxxxxxx_xxxxxxx@xxx.xxx with a copy to 0 Xxxxxx Xxxxxx, Xxx Xxxxxxxxx, XX 00000, Attention: General Counsel, Telecopier: 000-000-0000 Liquidity Provider: Xxxxxxxxxx Xxxxx-Xxxxxxxxxxx Xx Xxxxxxxxxxxx 0000, email xxxxx_xxxxxxxx@xxx.xxx; and to 0 X-00000 Xxxxxxxxx Xxxxxxx Xxxxxx Xxxxxx, Xxx Xxxxxxxxx, XX 00000, Attention: Structured Finance TelephoneAssociate General Counsel, Telecopier: +00-000-000-0000 Telecopy: +000000, email xxx_xxxx@xxx.xxx; if to any Lender, at its Domestic Lending Office specified opposite its name on Schedule I-000-000-0000 with a copy of B; if to any Notice of Borrowing to: Landesbank Baden-Württemberg other Lender, at its Domestic Lending Office specified in the Assignment and Acceptance pursuant to which it became Lender; if to the Agent, at its address at 000 Xxxx Xxxxxx, Xxxx Xxxxxxxx, 00xx Xxxxx Xxx Xxxx, Xxx Xxxx 00000 00000, Attention: Xxxxxxx XxxxxCredit Administration, Vice President Xxxxx Xxxxxx, Assistant Vice President Xxxxxxx Xxx TelephoneTelecopier: 000-000-0000 Telecopy0000; and if to an Issuing Bank, at its Domestic Lending Office specified opposite its name in Schedule I-B; with a copy, in the case of notices to the Agent, to Citicorp North America, Inc., One Sansome Street, San Francisco, California, Attention: Xxxxxxx Xxxxxxx, Telecopier: 000-000-0000 0000, email xxxxxxx.xxxxxxx@xxxxxxxxx.xxx, or, as to each of the foregoingparty, at such other address or to such other person as shall be designated by such Person party in a Written Notice written notice to the othersother parties. All such notices and communications shall shall, when mailed, be effective (i) if given by telecopier, when transmitted to the telecopier number specified above with receipt confirmed, and received in legible form (ii) if given by mail, five Business Days three days after being deposited in the mails addressed as specified abovemails, when sent by overnight courier, be effective one day after being sent by overnight courier, and when telecopied or sent by electronic mail, be effective when received (iii) if given and, with respect to notices and communications sent by other meanselectronic mail, upon confirmation by the recipient of the receipt of such notice or communication), respectively; and when delivered at the address specified aboveby hand, be effective upon delivery except that written notices and communications to the Primary Liquidity Provider Agent pursuant to the provisions of Articles Article II or IX and to an Issuing Bank pursuant to Article III or IX shall not be effective until received by the Primary Liquidity ProviderAgent or such Issuing Bank, subject as the case may be.
(b) So long as Citibank or any of its Affiliates is the Agent, materials required to the last sentence of Section 2.02(f). A copy of all notices be delivered hereunder pursuant to either party Sections 7.04(a) and (b) shall in addition be delivered to each the Agent in an electronic medium in a format reasonably acceptable to the Agent and the Lenders by email at xxxxxxxxxxxxxxx@xxxxxxxxx.xxx, provided, that any delay or failure to comply with the requirements of this Section 10.02(b) shall not constitute a Default or an Event of Default hereunder. 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 parties transactions contemplated hereby (collectively, the “Communications”) available to the Participation Agreements at their respective addresses set forth thereinLenders by posting such notices on Intralinks or a substantially similar electronic system (the “Platform”). The 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 email or telecopier. 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, delivery of any Notice to such email address being effective upon receipt by the sender of an email receipt of delivery or other email confirmation of delivery with respect thereto.
Appears in 2 contracts
Samples: Credit Agreement (Gap Inc), Credit Agreement (Gap Inc)
Notices, Etc. Except as otherwise expressly provided herein, all All notices and other communications provided for hereunder shall be made in writing (including sent by telecopiertelecopy communication) and mailed, telecopied or delivered: if to the following addressBorrower or the Parent Guarantor: Borrower: Wilmington Trust Company Xxxxxx Square North 0000 Xxxxx Xxxxxx Xxxxxx Xxxxxxxxxx00000 Xxxxxxxx Xxxx Xxxxxxxx, XX 00000-0000 Xxxxxxxx 00000 Attention: Corporate Trust Administration TelephoneXxxxxx X. Xxxxx, General Counsel Telecopy number: (000-000-0000 Telecopy: 000-000-0000 Liquidity Provider: Xxxxxxxxxx Xxxxx-Xxxxxxxxxxx Xx Xxxxxxxxxxxx 0 X-00000 Xxxxxxxxx Xxxxxxx Attention: Structured Finance Telephone: +00-000-000-0000 Telecopy: +00-000-) 000-0000 with a copy of any Notice of Borrowing to: Landesbank Baden-Württemberg 000 Xxxx XxxxxxXxxxxx Xxxxx, Treasurer Sodexho Marriott Operations, Inc. 00000 Xxxxxxxx Xxxx Xxxxxxxx, 00xx Xxxxxxxx 00000 Telecopy number: (000) 000-0000 and: Xxxxx Xxxx & Xxxxxxxx 000 Xxxxxxxxx Xxxxxx Xxx Xxxx, Xxx Xxxx 00000 Attention: Xxxxxxx Xxxxx, Vice President Xxxxx Xxxxxxxx X. Xxxxxx, Assistant Vice President Xxxxxxx Xxx TelephoneEsq. Telecopy number: (000-) 000-0000 Telecopyif to any Initial Lender or any Initial Issuing Bank, at its Domestic Lending Office specified opposite its name on Schedule I hereto; if to any other Lender Party, at its Domestic Lending Office specified in the Assignment and Acceptance pursuant to which it became a Lender Party; and if to the Administrative Agent: Xxxxxx Guaranty Trust Company of New York 00 Xxxx Xxxxxx Xxx Xxxx, Xxx Xxxx 00000-0000 Attention: Xxxxxxx X. Xxxxxx Telecopy number: (000-) 000-0000 or, as to each of the foregoingBorrower or the Administrative Agent, at such other address as shall be designated by such Person party in a Written Notice written notice to the othersother parties and, as to each other party, at such other address as shall be designated by such party in a written notice to the Borrower and the Administrative Agent. All such notices and communications shall be effective (i) if given by telecopiertelecopy, when transmitted to the telecopier telecopy number specified above with referred to in this Section and confirmation of receipt confirmedis received, and received in legible form (ii) if given by mail, five Business Days 72 hours after being such communication is deposited in the mails with postage prepaid, addressed as specified above, and aforesaid or (iii) if given by any other means, when delivered at the address specified abovereferred to in this Section, except that written notices and communications to the Primary Liquidity Provider Administrative Agent pursuant to the provisions of Articles Article II and III or VIII shall not be effective until received by the Primary Liquidity Provider, subject 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 the last sentence of Section 2.02(f). A copy of all notices be executed and delivered hereunder to either party shall in addition be delivered to each effective as delivery of the parties to the Participation Agreements at their respective addresses set forth thereina manually executed counterpart thereof.
Appears in 2 contracts
Samples: Credit Agreement (Sodexho Mariott Services Inc), Credit Agreement (Sodexho Alliance S A)
Notices, Etc. Except as otherwise expressly provided herein(a) Parent hereby covenants and agrees that Parent shall provide Ascent with notice of any bankruptcy, all notices insolvency, reorganization, arrangement, adjustment, composition, dissolution, liquidation, or the like of Parent.
(b) All notices, requests, demands, claims, and other communications provided for to any party hereunder or pursuant to the terms hereof shall be in writing. Any such notice, request, demand, claim, or other communication to any party hereunder shall be made in writing (including deemed duly delivered three business days after it is sent by telecopier) and registered or certified mail, return receipt requested, postage prepaid, or one business day after it is sent via a reputable nationwide overnight courier service, in each case to the following addressintended recipient as set forth below: Borrowerif to Parent, to: Wilmington Trust Company Alpharma, Inc. One Xxxxxxxxx Xxxxx Xxxx Xxx, Xxx Xxxxxx Square North 0000 Xxxxx Xxxxxx Xxxxxx Xxxxxxxxxx, XX 00000-0000 07024 Attention: Corporate Trust Administration Telephone: 000-000-0000 Telecopy: 000-000-0000 Liquidity Provider: Xxxxxxxxxx Xxxxx-Xxxxxxxxxxx Xx Xxxxxxxxxxxx 0 X-00000 Xxxxxxxxx Xxxxxxx Attention: Structured Finance Telephone: +00-000-000-0000 Telecopy: +00-000-000-0000 President with a copy of any Notice of Borrowing to: Landesbank Baden-Württemberg 000 Alpharma, Inc. One Xxxxxxxxx Xxxxx Xxxx Xxx, Xxx Xxxxxx 07024 Attention: Chief Legal Officer Ascent Pediatrics, Inc. 187 Xxxxxxxxxxx Xxxxxx, Xxxx XxxxxxxxXxxxx X000 Xxxxxxxxxx, 00xx Xxxxx Xxx Xxxx, Xxx Xxxx Xxxxxxxxxxxxx 00000 Attention: Xxxxxxx Xxxxx, Vice President Xxxxx Alan X. Xxx with a copy to: Hale xxx Dorr XXX 60 Sxxxx Xxxxxx Xxxxxx, Assistant Vice President Xxxxxxx Xxx TelephoneXxxxxxxxxxxxx 00000 Attention: 000-000-0000 Telecopy: 000-000-0000 orDavix X. Xxxxxxx, as to each of the foregoingXxq. Any party may give any such notice, at request, demand, claim, or other communication using any other means (including personal delivery, expedited courier, messenger service, telecopy, telex, ordinary mail, or electronic mail), but no such notice, request, demand, claim, or other address as communication shall be designated by such Person in a Written Notice deemed to the others. All such notices have been duly given unless and communications shall be effective (i) if given by telecopier, when transmitted to the telecopier number specified above with receipt confirmed, and received in legible form (ii) if given by mail, five Business Days after being deposited in the mails addressed as specified above, and (iii) if given by other means, when delivered at the address specified above, except that written notices to the Primary Liquidity Provider pursuant to the provisions of Articles II and III shall not be effective until it actually is received by the Primary Liquidity Providerparty for whom it is intended. Any party may change the address to which notices, subject requests, demands, claims, and other communications hereunder are to the last sentence of Section 2.02(f). A copy of all notices delivered hereunder to either party shall in addition be delivered to each of by giving the other parties to notice in the Participation Agreements at their respective addresses manner herein set forth thereinforth.
Appears in 2 contracts
Samples: Guaranty Agreement (Alpharma Inc), Guaranty Agreement (Ascent Pediatrics Inc)
Notices, Etc. Except as otherwise expressly provided herein, all notices and other communications provided for hereunder shall be made in writing (including telecopier and mailed or delivered or sent by telecopier) and addressed to the following addressapplicable party at its address set forth below: Borrower: Wilmington Trust Company Xxxxxx Square North 0000 Xxxxx Xxxxxx Xxxxxx Xxxxxxxxxx, XX 00000-0000 Attention: Corporate Trust Administration Telephone: (000-) 000-0000 TelecopyFax: (000) 000-0000 with a copy to: United Air Lines, Inc. 00 Xxxx Xxxxxx Xxxxx Chicago, IL 60601 Attention: Xxxxxxx X. Xxxxxxxxx, Vice President & Treasurer E-Mail: xxxxxxx.xxxxxxxxx@xxxxxx.xxx Telephone: (000) 000-0000 Facsimile: (000) 000-0000; and Xxxx X. Xxxxxxx, Senior Vice President, General Counsel and Secretary E-Mail:xxxx.xxxxxxx@xxxxxx.xxx, Telephone: (000) 000-0000 Facsimile: (000) 000-0000 Liquidity Provider: Xxxxxxxxxx Xxxxx-Xxxxxxxxxxx Xx Xxxxxxxxxxxx 0 X-00000 Xxxxxxxxx Xxxxxx Xxxxxxx Attention: Structured Finance Telephone: +00-000-000-Senior Funding, Inc. 0000 Telecopy: +00-000-000-0000 with a copy of any Notice of Borrowing to: Landesbank Baden-Württemberg 000 Xxxx Xxxxxx, Xxxx Xxxxxxxx, 00xx 0xx Xxxxx Xxx Xxxx, Xxx Xxxx 00000 Attention: Xxxxxxx Xxxxx, Vice President Xxxxx Xxxxxx, Assistant Vice President Xxxxxxx Xxx FID Collateral Manager Telephone: (000-) 000-0000 TelecopyFax: (000-) 000-0000 orwith a copy to: Xxxxxx Xxxxxxx 0000 Xxxxxxxx, as 00xx Xxxxx Xxx Xxxx, XX 00000 Attention: Chief Legal Officer Fax: (000) 000-0000 or to each of the foregoing, at such other address as shall be designated by such Person in a Written Notice written notice to the others. All such notices and communications shall be effective (i) if given by telecopier, when transmitted to the telecopier number specified above with receipt confirmedconfirmed electronically, and received in legible form form, (ii) if given by mail, five Business Days after being deposited in the mails addressed as specified above, and (iii) if given by other means, when delivered at the address specified above, except that written notices to the Primary Liquidity Provider pursuant to the provisions of Articles Article II and Article III hereof shall not be effective until received by the Primary Liquidity Provider, subject to the last sentence of Section 2.02(f). A copy of all notices delivered hereunder to either party shall in addition be delivered to each of the parties to the Participation Agreements at their respective addresses set forth therein.
Appears in 2 contracts
Samples: Revolving Credit Agreement (Ual Corp /De/), Revolving Credit Agreement (United Air Lines Inc)
Notices, Etc. Except as otherwise expressly provided hereinin Section 2.02, all notices and other communications provided for hereunder shall be made in writing (including sent telecopy communication confirmed by telecopiermail or delivery) and mailed, telecopied, e-mailed or delivered:
(a) if to the following addressCompany, to it at: Borrower: Wilmington Trust Company Xxxxxx Square North 0000 Xxxxx Xxxxxx Xxxxx Xxxx Xxxxxx Xxxxxxxxxx000 Xxxxxxx, XX 00000-0000 00000 Attention: Corporate Trust Administration Xxx Xxxxxxxxx Telephone: (000-) 000-0000 TelecopyTelecopier: (000-) 000-0000 Liquidity ProviderE-mail Address: Xxxxxxxxxx Xxxxx-xxxxx00@xxxxx.xxx with a copy to: Holland & Xxxx LLP 000 Xxxxxxxxxxx Xx Xxxxxxxxxxxx 0 X-00000 Xxxxxxxxx Xxxxxxx Xxxxxx Xxxxxx, XX 00000 Attention: Structured Finance Xxxxx X. Xxxxxxx Telephone: +00-(000-) 000-0000 TelecopyTelecopier: +00-(000-) 000-0000 E-mail Address: Xxxxxxxx@xxxxxxxxxxx.xxx
(b) if to the Investor, to it at: Carnegie Hall Tower 000 Xxxx 00xx Xxxxxx Xxx Xxxx, XX 00000 Attention: Xxxxx Xxxx Telephone: (000) 000-0000 Telecopier: (000) 000-0000 E-mail Address: xxxxx@xxxxxxxxxx.xxx with a copy of any Notice of Borrowing to: Landesbank Baden-Württemberg Xxxxxx Xxxxxx Rosenman LLP 000 Xxxx Xxxxxx, Xxxx Xxxxxxxx, 00xx Xxxxx Xxxxxxx Xxxxxx Xxx Xxxx, Xxx Xxxx XX 00000 Attention: Xxxxxxx Xxxxx, Vice President Xxxxx Xxxxxx, Assistant Vice President Xxxxxxx Xxx Elliot Press Telephone: (000-) 000-0000 TelecopyTelecopier: (000-) 000-0000 E-mail address: xxxxxx.xxxxx@xxxxxxxxx.xxx or, as to each of the foregoingany party, at such other telecopy number or address as shall be designated by such Person party in a Written Notice written notice to the othersother parties. All such notices and other communications shall, when mailed, telecopied, e-mailed or delivered, be effective when received or, in the case of delivery by mail, on the fourth (4th) Business Day after such notice or other communication shall have been deposited in the mail, postage prepaid, return receipt requested or, in the case of delivery by overnight express courier, on the Business Day following the Business Day such notice or communication shall have been deposited with such courier service. Delivery by telecopier of an executed counterpart of any amendment or waiver of any provision of this Agreement or the Note or of any other Transaction Document shall be effective as delivery of an original executed counterpart thereof. Notwithstanding anything to the contrary contained herein, with respect to any notice or communication given by email (including any Borrowing Notice given by email pursuant to Section 2.02): (i) if given such notice or communication sent to an email address shall be deemed received upon the sender’s receipt of an acknowledgment from the intended recipient, such as by telecopierthe “return receipt requested” function, when transmitted to the telecopier number specified above with receipt confirmedas available, return email or other written acknowledgment, and received in legible form (ii) if such notice or communication shall have been given by mailafter normal business hours of the recipient, five Business Days after being deposited in the mails addressed as specified above, and (iii) if such notice or communication shall be deemed to have been given by other means, when delivered at the address specified above, except that written notices to opening of business on the Primary Liquidity Provider pursuant to next Business Day for the provisions of Articles II and III shall not be effective until received by the Primary Liquidity Provider, subject to the last sentence of Section 2.02(f). A copy of all notices delivered hereunder to either party shall in addition be delivered to each of the parties to the Participation Agreements at their respective addresses set forth thereinrecipient.
Appears in 2 contracts
Samples: Investment Agreement (Desert Hawk Gold Corp.), Investment Agreement (Desert Hawk Gold Corp.)
Notices, Etc. Except as otherwise expressly provided herein, all notices and other communications provided for hereunder shall be made in writing (including telecopier and mailed or delivered or sent by telecopier) and to the following address: ): Borrower: Wilmington Trust Company STATE STREET BANK AND TRUST COMPANY 0 Xxxxxx Square North 0000 Xxxxx Xxxxxx Xxxxxx Xxxxxxxxxxxx Xxxxxxxxx Xxxxxx, XX 00000-0000 Xxxxxxxxxxxxx 00000 Attention: Corporate Trust Administration TelephoneTelecopy: (000-) 000-0000 Telecopy: 000-000-0000 Primary Liquidity Provider: Xxxxxxxxxx CDC FINANCE-CDC IXIS c/o CDC Finance—FPS 000, xxx xx x'Xxxxxxxxxx 00000 Xxxxx-Xxxxxxxxxxx Xx Xxxxxxxxxxxx 0 X-00000 Xxxxxxxxx Xxxxxxx , Xxxxxx Attention: Structured Finance Xxxx Xxxxxxx Telephone: +00-000-000-0000 (00) 0 00 00 00 00 Telecopy: +00-000-000-0000 (00) 0 00 00 00 00 Attention: Olivia Yedikardachian Telephone: (00) 0 00 00 00 00 Attention: Xxxxxxx Xxxxxxxxx Telephone: (00) 0 00 00 00 00 Telecopy: (00) 0 00 00 00 00 with a copy of any Notice of Borrowing to: Landesbank Baden-Württemberg 000 Xxxx XxxxxxCAISSE DES DÉPÔTS ET CONSIGNATIONS c/o CDC Finance—FPS 000, Xxxx Xxxxxxxxxxx xx x'Xxxxxxxxxx 00000 Xxxxx, 00xx Xxxxx Xxx Xxxx, Xxx Xxxx 00000 Xxxxxx Attention: Xxxxxx Xxxxxxx Xxxxx, Vice President Xxxxx Xxxxxx, Assistant Vice President Xxxxxxx Xxx Telephone: 000-000-0000 (00) 0 00 00 00 00 Telecopy: 000-000-0000 (00) 0 00 00 00 00 Attention: Philippe Rigou Telephone: (00) 0 00 00 00 00 Telecopy: (00) 0 00 00 00 00 or, as to each of the foregoing, at such other address as shall be designated by such Person in a Written Notice written notice to the others. All such notices and communications shall be effective (i) if given by telecopier, when transmitted to the telecopier number specified above with receipt confirmedabove, and received in legible form (ii) if given by mail, five Business Days after being when deposited in the mails addressed as specified above, and (iii) if given by other means, when delivered at the address specified above, except that written notices to the Primary Liquidity Provider pursuant to the provisions of Articles II and III hereof shall not be effective until received by the Primary Liquidity Provider, subject to the last sentence of Section 2.02(f). A copy of all notices delivered hereunder to either party shall in addition be delivered to each of the parties to the Participation Agreements at their respective addresses set forth therein.
Appears in 2 contracts
Samples: Revolving Credit Agreement (Northwest Airlines Inc /Mn), Revolving Credit Agreement (Northwest Airlines Inc /Mn)
Notices, Etc. Except as otherwise expressly provided hereinAll notices, all notices consents, waivers, and other communications provided for hereunder which are required or permitted under this Agreement shall be made in writing will be deemed given to a party (including a) upon receipt, when personally delivered; (b) one (1) Business Day after deposit with a nationally recognized overnight courier service with next day delivery specified, costs prepaid on the date of delivery, if delivered to the appropriate address by hand or by nationally recognized overnight courier service (costs prepaid); (c) the time of transmission if sent by telecopierfacsimile or e-mail with confirmation of transmission by the transmitting equipment if such notice or communication is delivered prior to 5:00 P.M., New York City time, on a Trading Day, or the next Trading Day after the date of transmission, if such notice or communication is delivered on a day that is not a Trading Day or later than 5:00 P.M., New York City time, on any Trading Day, provided confirmation of facsimile is mechanically or electronically generated and kept on file by the sending party and confirmation of email is kept on file, whether electronically or otherwise, by the sending party and the sending party does not receive an automatically generated message from the recipients email server that such e-mail could not be delivered to such recipient; (d) and the date received or rejected by the addressee, if sent by certified mail, return receipt requested, postage prepaid; or (e) seven (7) days after the placement of the notice into the mails (first class postage prepaid), to the following party at the address, facsimile number, or e-mail address furnished by the such party, If to the Company, to: Borrower: Wilmington Trust Company Xxxxxx Square North 0000 Xxxxx Xxxxxx Xxxxxx XxxxxxxxxxSmartKem, XX 00000-0000 Inc. Manchester Technology Center, Hexagon Tower Delaunays Road, Blackley Manchester, M9 8GQ UK Attention: Corporate Trust Administration TelephoneXxxxxx Xxxxx Email: 000-000-0000 Telecopy: 000-000-0000 Liquidity ProviderX.Xxxxx@xxxxxxxx.xxx with copy to: Xxxxxxxxxx Xxxxx-Xxxxxxxxxxx Xx Xxxxxxxxxxxx 0 X-00000 Xxxxxxxxx Xxxxxxx Attention: Structured Finance Telephone: +00-000-000-LLP 0000 Telecopy: +00-000-000-0000 with a copy of any Notice of Borrowing to: Landesbank Baden-Württemberg 000 Xxxx Xxxxxx, Xxxx Xxxxxxxx, 00xx Xxxxx Xxxxxx xx xxx Xxxxxxxx Xxx Xxxx, Xxx Xxxx XX 00000 Attention: Xxxxxxx XxxxxXxxx Xxxxxxxx Email: xxxxxxxxx@xxxxxxxxxx.xxx if to a Holder, Vice President Xxxxx Xxxxxx, Assistant Vice President Xxxxxxx Xxx Telephoneto: 000-000-0000 Telecopy: 000-000-0000 or, as to each of such Holder at the foregoing, address set forth on the signature page hereto or in the Company’s records; or at such other address as any party shall be designated by such Person in a Written Notice have furnished to the others. All such notices and communications shall be effective (i) if given by telecopier, when transmitted to the telecopier number specified above other parties in writing in accordance with receipt confirmed, and received in legible form (ii) if given by mail, five Business Days after being deposited in the mails addressed as specified above, and (iii) if given by other means, when delivered at the address specified above, except that written notices to the Primary Liquidity Provider pursuant to the provisions of Articles II and III shall not be effective until received by the Primary Liquidity Provider, subject to the last sentence of this Section 2.02(f10(h). A copy of all notices delivered hereunder to either party shall in addition be delivered to each of the parties to the Participation Agreements at their respective addresses set forth therein.
Appears in 2 contracts
Samples: Registration Rights Agreement (Octopus Investments Ltd.), Registration Rights Agreement (SmartKem, Inc.)
Notices, Etc. Except as otherwise expressly provided hereinAll notices, all notices consents, waivers, and other communications provided for hereunder which are required or permitted under this Agreement shall be made in writing will be deemed given to a party (including a) upon receipt, when personally delivered; (b) one (1) Business Day after deposit with a nationally recognized overnight courier service with next day delivery specified, costs prepaid on the date of delivery, if delivered to the appropriate address by hand or by nationally recognized overnight courier service (costs prepaid); (c) the date of transmission if sent by telecopiere-mail with confirmation of transmission by the transmitting equipment if such notice or communication is delivered prior to 5:00 P.M., New York City time, on a Trading Day, or the next Trading Day after the date of transmission, if such notice or communication is delivered on a day that is not a Trading Day or later than 5:00 P.M., New York City time, on any Trading Day, provided confirmation of email is kept on file, whether electronically or otherwise, by the sending party and the sending party does not receive an automatically generated message from the recipients email server that such e-mail could not be delivered to such recipient; (d) and the date received or rejected by the addressee, if sent by certified mail, return receipt requested, postage prepaid; or (e) seven (7) days after the placement of the notice into the mails (first class postage prepaid), to the following addressparty at the address or e-mail address furnished by the such party, If to the Company, to: Borrower: Wilmington Trust Company MedAvail Holdings, Inc. 0000 X Xxxxxx Square North 0000 Xxx Xxxx Xxxxx Xxxxxx Xxxxxx Xxxxxxxxxx000 Xxxxxxx, XX 00000-0000 Attention: Corporate Trust Administration Telephone: 000-000-0000 Telecopy: 000-000-0000 Liquidity Provider: Xxxxxxxxxx Xxxxx-Xxxxxxxxxxx Xx Xxxxxxxxxxxx 0 X-00000 Xxxxxxxxx Xxxxxxx Attention: Structured Finance Telephone: +00-000-000-0000 Telecopy: +00-000-000-0000 with a copy of any Notice of Borrowing to: Landesbank Baden-Württemberg 000 Xxxx Xxxxxx, Xxxx Xxxxxxxx, 00xx Xxxxx Xxx Xxxx, Xxx Xxxx 00000 Attention: Xxxx Xxxxx and Xxxxxx Xxxxxxxx with copy to: Xxxxxx Xxxxxxx Xxxxx, Vice President Xxxxx Xxxxxxxx & Xxxxxx, Assistant Vice President Xxxxxxx P.C. 000 Xxxx Xxxx Xxxx Xxxx Xxxx, XX 00000 Attention: Xxxxxx Xxxxxxxxx and Xxxx Xxx Telephoneif to a Holder, to: 000-000-0000 Telecopy: 000-000-0000 or, as to each of such Holder at the foregoing, address set forth on the signature page hereto or in the Company’s records; or at such other address as any party shall be designated by such Person in a Written Notice have furnished to the others. All such notices and communications shall be effective (i) if given by telecopier, when transmitted to the telecopier number specified above other parties in writing in accordance with receipt confirmed, and received in legible form (ii) if given by mail, five Business Days after being deposited in the mails addressed as specified above, and (iii) if given by other means, when delivered at the address specified above, except that written notices to the Primary Liquidity Provider pursuant to the provisions of Articles II and III shall not be effective until received by the Primary Liquidity Provider, subject to the last sentence of this Section 2.02(f10(f). A copy of all notices delivered hereunder to either party shall in addition be delivered to each of the parties to the Participation Agreements at their respective addresses set forth therein.
Appears in 2 contracts
Samples: Registration Rights Agreement (MedAvail Holdings, Inc.), Registration Rights Agreement (MedAvail Holdings, Inc.)
Notices, Etc. Except as otherwise expressly provided herein, all All notices and other communications provided for required or permitted hereunder shall be made in writing (including and shall be mailed by registered or certified mail, postage prepaid, sent by telecopiertelefacsimile or otherwise delivered by hand or by a nationally-recognized overnight courier, addressed (a) and if to the following address: Borrower: Wilmington Trust Company Xxxxxx Square North 0000 Xxxxx Xxxxxx Xxxxxx XxxxxxxxxxPurchasers, XX 00000-0000 Attention: Corporate Trust Administration Telephone: 000-000-0000 Telecopy: 000-000-0000 Liquidity Provider: Xxxxxxxxxx Xxxxx-Xxxxxxxxxxx Xx Xxxxxxxxxxxx 0 X-00000 Xxxxxxxxx Xxxxxxx Attention: Structured Finance Telephone: +00-000-000-0000 Telecopy: +00-000-000-0000 with a copy of any Notice of Borrowing to: Landesbank Baden-Württemberg 000 Xxxx Xxxxxxat the address or facsimile number set forth below, Xxxx Xxxxxxxx, 00xx Xxxxx Xxx Xxxx, Xxx Xxxx 00000 Attention: Xxxxxxx Xxxxx, Vice President Xxxxx Xxxxxx, Assistant Vice President Xxxxxxx Xxx Telephone: 000-000-0000 Telecopy: 000-000-0000 or, as to each of the foregoing, or at such other address or facsimile number as the Purchasers shall be designated by such Person in a Written Notice have furnished to the others. All such notices and communications shall be effective Company in writing, or (ib) if to the Company, at its address or facsimile number set forth below, addressed to the attention of the Corporate Secretary, or at such other address or telefacsimile number as the Company shall have furnished to the Purchasers in writing. Each such notice or other communication shall for all purposes of this Agreement be treated as effective or having been given (x) in the case of personal delivery or delivery by telecopier, on the date of such delivery, (y) in the case of a nationally-recognized overnight courier, on the next business day after the date when transmitted to sent and (z) in the telecopier number specified above with receipt confirmedcase of mailing, and received in legible form (ii) if given by mail, five Business Days after being on the third business day following that on which the piece of mail containing such communication has been deposited in a regularly maintained receptacle for the mails addressed as specified above, and (iii) if given by other means, when delivered at deposit of the address specified above, except that written United States mail. The addresses for notices to the Primary Liquidity Provider pursuant to Purchasers and the provisions of Articles II and III shall not be effective until received by the Primary Liquidity ProviderCompany are as follows: PURCHASERS: COMPANY: Evercore Partners, subject to the last sentence of Section 2.02(f)Inc. Energy Partners, Ltd. 65 Exxx 00xx Xxxxxx 201 Xx. A copy of all notices delivered hereunder to either party shall in addition be delivered to each of the parties to the Participation Agreements at their respective addresses set forth therein.Xxxxxxx Xxxxxx, Suite 3400 New York, NY 10022 New Xxxxxxx, XX 00000 Attn: Austxx X. Xxxxxxx Attn: Corporate Secretary Tel: (212) 000-0000 Tel: (504) 000-0000 Fax: (212) 000-0000 Fax: (504) 000-0000
Appears in 2 contracts
Samples: Stock Purchase Agreement (Energy Partners LTD), Stock Purchase Agreement (Energy Partners LTD)
Notices, Etc. Except as otherwise expressly provided herein, all notices and other communications provided for hereunder shall be made in writing (including telecopier and mailed or delivered or sent by telecopier) and to the following address: ): Borrower: Wilmington Trust Company WILMINGTON TRUST COMPANY Xxxxxx Square North 0000 Xxxxx Xxxxxx Xxxxxx Xxxxxxxxxx, XX 00000-0000 Attention: Corporate Trust Administration Capital Market Services Telephone: (000-) 000-0000 Telecopy: (000-) 000-0000 Primary Liquidity LANDESBANK HESSEN-THURINGEN Provider: Xxxxxxxxxx Xxxxx-Xxxxxxxxxxx Xx Xxxxxxxxxxxx 0 X-00000 GIROZENTRALE Main Tower Neue Mainzer Xxx. 00 - 00 00000 Xxxxxxxxx xx Xxxx Xxxxxxx Attention: Structured Asset Finance Telephone: +0000-00000-0000000-0000 Telecopy: +0000-00000-0000000-0000 with a copy of any Notice of Borrowing to: Landesbank BadenLANDESBANK HESSEN-Württemberg THURINGEN 000 Xxxx Xxxxx Xxxxxx, Xxxx Xxxxxxxx, 00xx Xxxxx Xxx Xxxx, Xxx Xxxx XX 00000 Attention: Project Finance/Xxxxxxx Xxxxx, Vice President Xxxxx Xxxxxx, Assistant Vice President Xxxxxxx Xxx Xxxxxx Telephone: (000-) 000-0000 Telecopy: (000-) 000-0000 or, as to each of the foregoing, at such other address as shall be designated by such Person in a Written Notice written notice to the others. All such notices and communications shall be effective (i) if given by telecopier, when transmitted to the telecopier number specified above with receipt confirmedabove, and received in legible form (ii) if given by mail, five Business Days after being when deposited in the mails addressed as specified above, and (iii) if given by other means, when delivered at the address specified above, except that written notices to the Primary Liquidity Provider pursuant to the provisions of Articles Article II and Article III hereof shall not be effective until received by the Primary Liquidity Provider, subject to the last sentence of Section 2.02(f). A copy of all notices delivered hereunder to either party shall in addition be delivered to each of the parties to the Participation Agreements at their respective addresses set forth therein.
Appears in 2 contracts
Samples: Revolving Credit Agreement (Continental Airlines Inc /De/), Revolving Credit Agreement (Continental Airlines Inc /De/)
Notices, Etc. Except as otherwise expressly provided hereinAll notices, all notices consents, waivers, and other communications provided for hereunder which are required or permitted under this Agreement shall be made in writing will be deemed given to a party (including a) upon receipt, when personally delivered; (b) one (1) Business Day after deposit with an nationally recognized overnight courier service with next day delivery specified, costs prepaid) on the date of delivery, if delivered to the appropriate address by hand or by nationally recognized overnight courier service (costs prepaid); (c) the date of transmission if sent by telecopierfacsimile or e-mail with confirmation of transmission by the transmitting equipment if such notice or communication is delivered prior to 5:00 P.M., New York City time, on a Trading Day, or the next Trading Day after the date of transmission, if such notice or communication is delivered on a day that is not a Trading Day or later than 5:00 P.M., New York City time, on any Trading Day, provided confirmation of facsimile is mechanically or electronically generated and kept on file by the sending party and confirmation of email is kept on file, whether electronically or otherwise, by the sending party and the sending party does not receive an automatically generated message from the recipients email server that such e-mail could not be delivered to such recipient; (d) and the date received or rejected by the addressee, if sent by certified mail, return receipt requested, postage prepaid; or (e) seven days after the placement of the notice into the mails (first class postage prepaid), to the following party at the address, facsimile number, or e-mail address furnished by the such party, If to the Company, to: Borrower: Wilmington Trust Company Xxxxxx Square North 0000 Xxxxxxx, Inc. 000 Xxxxxxxxxx Xxxxx Xxxxxx Xxxxxx XxxxxxxxxxXxxxxxx Xxxx, XX 00000-0000 00000 Attention: Corporate Trust Administration TelephoneChief Executive Officer Facsimile: 000-000-0000 TelecopyE-mail: xxxxxxxx@xxxxxxx.xxx with a copy (which shall not constitute notice) to: Xxxxxx Xxxxxxx Xxxxxxxx & Xxxxxx, P.C. 000 Xxxx Xxxx Xxxx Xxxx Xxxx, XX 00000 Attention: Xxxxxx Xxxxxxxxx Facsimile: 000-000-0000 Liquidity ProviderEmail: Xxxxxxxxxx Xxxxx-Xxxxxxxxxxx Xx Xxxxxxxxxxxx 0 X-00000 Xxxxxxxxx Xxxxxxx Attention: Structured Finance Telephone: +00-000-000-0000 Telecopy: +00-000-000-0000 with xxxxxxxxxx@xxxx.xxx if to a copy of any Notice of Borrowing Purchaser, to: Landesbank Baden-Württemberg 000 Xxxx Xxxxxx, Xxxx Xxxxxxxx, 00xx Xxxxx Xxx Xxxx, Xxx Xxxx 00000 Attention: Xxxxxxx Xxxxx, Vice President Xxxxx Xxxxxx, Assistant Vice President Xxxxxxx Xxx Telephone: 000-000-0000 Telecopy: 000-000-0000 or, as to each of such Purchaser at the foregoing, address set forth on the signature page hereto; or at such other address as any party shall be designated by such Person in a Written Notice have furnished to the others. All such notices and communications shall be effective (i) if given by telecopier, when transmitted to the telecopier number specified above other parties in writing in accordance with receipt confirmed, and received in legible form (ii) if given by mail, five Business Days after being deposited in the mails addressed as specified above, and (iii) if given by other means, when delivered at the address specified above, except that written notices to the Primary Liquidity Provider pursuant to the provisions of Articles II and III shall not be effective until received by the Primary Liquidity Provider, subject to the last sentence of this Section 2.02(f10(f). A copy of all notices delivered hereunder to either party shall in addition be delivered to each of the parties to the Participation Agreements at their respective addresses set forth therein.
Appears in 2 contracts
Samples: Registration Rights Agreement (Avinger Inc), Registration Rights Agreement (Avinger Inc)
Notices, Etc. Except as otherwise expressly provided hereinAll notices, all notices and demands or other communications provided for given hereunder shall be made in writing (including and shall be sufficiently given if delivered either personally or by a United States nationally recognized courier service marked for next business day delivery or sent by telecopierfacsimile or in a sealed envelope by first class mail, postage prepaid and either registered or certified, addressed as follows:
(a) and if to the following address: Borrower: Wilmington Trust Company Xxxxxx Square North 0000 Company; Hungarian Telephone and Cable Corp. 000 Xxxxx Xxxxxxxx Xxxxx Xxxxxxxx, XX 00000 Xxxxxx Xxxxxx Xxxxxxxxxx, XX 00000-0000 of America Attention: Corporate Trust Administration Chief Executive Officer Telephone: (000-) 000-0000 TelecopyFacsimile: (000-000-0000 Liquidity Provider: Xxxxxxxxxx Xxxxx-Xxxxxxxxxxx Xx Xxxxxxxxxxxx 0 X-00000 Xxxxxxxxx Xxxxxxx Attention: Structured Finance Telephone: +00-000-000-0000 Telecopy: +00-000-) 000-0000 with a copy of any Notice of Borrowing (which shall not constitute notice) to: Landesbank BadenHungarian Telephone and Cable Corp. 0000 Xxxxxxxx Xxxxxxxxxx x. 2. Hungary Attention: Chief Executive Officer Telephone: (00-Württemberg 0) 000-0000 Facsimile: (00-0) 000-0000
(b) if to the Bank: Postabank es Takarekpenztar Rt. H-1920 Xxxxxx xxxxx ter 1. Hungary Attention: Chief Executive Officer Telephone: (00-0) 000-0000 Facsimile: (00-0) 000-0000 with a copy (which shall not constitute notice) to: Stroock & Stroock & Xxxxx LLP 000 Xxxxxx Xxxx Xxxxxx, Xxxx Xxxxxxxx, 00xx Xxxxx Xxx Xxxx, Xxx Xxxx 00000 Xxxxxx Xxxxxx xx Xxxxxxx Attention: Xxxxxxx XxxxxXxxxxx X. Xxxxxxx, Vice President Xxxxx Xxxxxx, Assistant Vice President Xxxxxxx Xxx Xx. Telephone: (000-) 000-0000 TelecopyFacsimile: (000-) 000-0000 or, as or to each of the foregoing, at such other address with respect to any party hereto as such party may from time to time notify (as provided above) the other parties hereto. Any such notice, demand or communication shall be designated by such Person in a Written Notice deemed to the others. All such notices and communications shall be effective have been received (i) on the date of delivery, if given by telecopierdelivered personally, when transmitted to the telecopier number specified above with receipt confirmed, and received in legible form (ii) one business day after delivery to a nationally recognized overnight courier service, if given by mailmarked for next day delivery, five Business Days after being deposited in the mails addressed as specified above, and (iii) five business days after the date of mailing, if given mailed or (iv) on the date of transmission, if sent by other means, when delivered at the address specified above, except that written notices to the Primary Liquidity Provider pursuant to the provisions of Articles II and III shall not be effective until received by the Primary Liquidity Provider, subject to the last sentence of Section 2.02(f). A copy of all notices delivered hereunder to either party shall in addition be delivered to each of the parties to the Participation Agreements at their respective addresses set forth thereinfacsimile.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Postabank Es Takarekrenztar), Securities Purchase Agreement (Hungarian Telephone & Cable Corp)
Notices, Etc. Except as otherwise expressly provided hereinAll notices, all notices consents, waivers, and other communications provided for hereunder which are required or permitted under this Agreement shall be made in writing will be deemed given to a party (including a) upon receipt, when personally delivered; (b) one (1) Business Day after deposit with an nationally recognized overnight courier service with next day delivery specified, costs prepaid) on the date of delivery, if delivered to the appropriate address by hand or by nationally recognized overnight courier service (costs prepaid); (c) the date of transmission if sent by telecopierfacsimile or e-mail with confirmation of transmission by the transmitting equipment if such notice or communication is delivered prior to 5:00 P.M., New York City time, on a Trading Day, or the next Trading Day after the date of transmission, if such notice or communication is delivered on a day that is not a Trading Day or later than 5:00 P.M., New York City time, on any Trading Day, provided confirmation of facsimile is mechanically or electronically generated and kept on file by the sending party and confirmation of email is kept on file, whether electronically or otherwise, by the sending party and the sending party does not receive an automatically generated message from the recipients email server that such e-mail could not be delivered to such recipient; (d) and the date received or rejected by the addressee, if sent by certified mail, return receipt requested, postage prepaid; or (e) seven days after the placement of the notice into the mails (first class postage prepaid), to the following party at the address: Borrower: Wilmington Trust Company Xxxxxx Square North 0000 Xxxxx Xxxxxx Xxxxxx Xxxxxxxxxx, XX 00000facsimile number, or e-0000 Attention: Corporate Trust Administration Telephone: 000-000-0000 Telecopy: 000-000-0000 Liquidity Provider: Xxxxxxxxxx Xxxxx-Xxxxxxxxxxx Xx Xxxxxxxxxxxx 0 X-00000 Xxxxxxxxx Xxxxxxx Attention: Structured Finance Telephone: +00-000-000-0000 Telecopy: +00-000-000-0000 with a copy of any Notice of Borrowing mail address furnished by the such party, If to the Company, to: Landesbank Baden-Württemberg Amesite Inc. 000 Xxxx Xxxxxxxxxx Xxxxxx Xxxxx X Xxx Xxxxx, Xxxxxxxx 00000 Attn: Xxx Xxxxx Xxxxxx, Xxxx XxxxxxxxCEO Facsimile: N/A Email: xxx@xxxxxxx.xxx with copy to: Sheppard, 00xx Mullin, Xxxxxxx & Hampton LLP 00 Xxxxxxxxxxx Xxxxx Xxx Xxxx, Xxx Xxxx 00000 AttentionAttn: Xxxxxxx X. Xxxxxxxx, Esq. Facsimile: 212.653.8701 Email: xxxxxxxxxx@xxxxxxxxxxxxxx.xxx and Ogawa Professional Corporation 000 Xxxxxx Xxxxx Palo Alto, California 94301 Attn: Xxxxxxx Xxxxx, Vice President Xxxxx XxxxxxEsq. if to a Holder, Assistant Vice President Xxxxxxx Xxx Telephoneto: 000-000-0000 Telecopy: 000-000-0000 or, as to each of such Holder at the foregoing, address set forth on the signature page hereto or the Company’s records; or at such other address as any party shall be designated by such Person in a Written Notice have furnished to the others. All such notices and communications shall be effective (i) if given by telecopier, when transmitted to the telecopier number specified above other parties in writing in accordance with receipt confirmed, and received in legible form (ii) if given by mail, five Business Days after being deposited in the mails addressed as specified above, and (iii) if given by other means, when delivered at the address specified above, except that written notices to the Primary Liquidity Provider pursuant to the provisions of Articles II and III shall not be effective until received by the Primary Liquidity Provider, subject to the last sentence of this Section 2.02(f11(f). A copy of all notices delivered hereunder to either party shall in addition be delivered to each of the parties to the Participation Agreements at their respective addresses set forth therein.
Appears in 2 contracts
Samples: Registration Rights Agreement (Amesite Operating Co), Registration Rights Agreement (Amesite Inc.)
Notices, Etc. Except as otherwise expressly provided hereinAll notices, all notices demands and other communications provided for hereunder requests of any kind to be delivered to any party hereto in connection with this Agreement shall be made in writing (including a) delivered personally, (b) sent by telecopiernationally-recognized overnight courier, (c) and sent by first class, registered or certified mail, return receipt requested or (d) sent by facsimile, in each case to such party at its address as follows:
(i) if to the following addressCompany, to: Borrower: Wilmington Trust Company Xxxxxx Square North Frontline Communications Corporation Xxx Xxxx Xxxx Xxxxx X.X. Xxx 0000 Xxxxx Xxxxxx Xxxxxx XxxxxxxxxxXxxxx, XX 00000-0000 Xxx Xxxx 00000 Attention: Corporate Trust Administration TelephoneXxxxxxx Xxxx-Xxxxxxxx Telephone No.: 000-000-0000 TelecopyTelecopier No.: 000-000-0000 Liquidity Provider: Xxxxxxxxxx Xxxxx-Xxxxxxxxxxx Xx Xxxxxxxxxxxx 0 X-00000 Xxxxxxxxx Xxxxxxx Attention: Structured Finance Telephone: +00-000-000-0000 Telecopy: +00-000-000-0000 with a copy of any Notice of Borrowing if to the Lender, to: Landesbank Baden-Württemberg 000 Xxxx Xxxxxx, Xxxx IIG Equity Opportunities Fund Ltd. 0000 Xxxxxxxx, 00xx Xxxxx Xxx Xxxx, Xxx Xxxx 00000 Attention: Xxxxxxx Xxxxx, Vice President Xxxxx Xxxxxx, Assistant Vice President Xxxxxxx Xxx Xxxxxx Xxxxxx Telephone: 000-000-0000 TelecopyTelecopier: 000-000-0000 orAny notice, as to each of the foregoing, at such other address as demand or request so delivered shall constitute valid notice under this Agreement and shall be designated by such Person in a Written Notice deemed to have been received (A) on the others. All such notices and communications shall be effective (i) if given by telecopier, when transmitted to the telecopier number specified above with receipt confirmed, and received in legible form (ii) if given by mail, five Business Days after being deposited day of actual delivery in the mails addressed case of personal delivery, (B) on the next Business Day after the date when sent in the case of delivery by nationally-recognized overnight courier, (C) on the fifth Business Day after the date of deposit in the U.S. mail in the case of mailing or (D) upon receipt in the case of a facsimile transmission. Any party hereto may from time to time by notice in writing served upon the other as specified aboveaforesaid designate a different mailing address or a different person to which all such notices, and (iii) if given by other means, when delivered at the address specified above, except that written notices demands or requests thereafter are to the Primary Liquidity Provider pursuant to the provisions of Articles II and III shall not be effective until received by the Primary Liquidity Provider, subject to the last sentence of Section 2.02(f). A copy of all notices delivered hereunder to either party shall in addition be delivered to each of the parties to the Participation Agreements at their respective addresses set forth thereinaddressed.
Appears in 2 contracts
Samples: Registration Rights Agreement (Provo International Inc), Registration Rights Agreement (Frontline Communications Corp)
Notices, Etc. Except as otherwise expressly provided herein, all All notices and other communications provided for hereunder shall be made in writing and shall be mailed (including sent certified mail, postage prepaid and return receipt requested), telecopied or delivered by telecopier) and hand, Federal Express or other reputable overnight courier, if to the Borrower, at the following address: Borrower: Wilmington Trust Company Imperial Life Financing II, LLC 000 Xxxxxxxxx Xxxxxx Square North XX Xxxxx 0000 Xxxxx Xxxxxx Xxxxxx XxxxxxxxxxXxxxxxx, XX 00000-0000 Xxxxxxx 00000 Attention: Corporate Trust Administration Chief Financial Officer Telephone: 000-000-0000 Telecopy000.000.0000 Telecopier: 000-000-0000 Liquidity Provider: Xxxxxxxxxx Xxxxx-Xxxxxxxxxxx Xx Xxxxxxxxxxxx 0 X-00000 Xxxxxxxxx Xxxxxxx Attention: Structured Finance Telephone: +00-000-000-0000 Telecopy: +00-000-000-0000 404.736.3620 with a copy of any Notice of Borrowing to: Landesbank Baden-Württemberg 000 Xxxx XxxxxxXxxxx & Xxxxxxx LLP Xxx Xxxxxxxxxxx Xxxxx, Xxxx XxxxxxxxXxxxx 0000 Xxxxxxxxxxxx, 00xx Xxxxx Xxx Xxxx, Xxx Xxxx XX 00000 Attention: Xxxxxx X. Xxxxxxxxx, Esq.. Telephone: 000.000.0000 Telecopier: 904.359.8700 if to the Administrative Agent, to it at the following address: CTL Holdings II LLC 0000 Xxxx Xxxxxxx Xxxxx Xxxx, #000 Xxxxxxx Xxxxx, Vice XX 00000 Attention: President Xxxxx Xxxxxx, Assistant Vice President Xxxxxxx Xxx Telephone: 000-000-000.000.0000 Telecopier: 561.892.6313 if to the Collateral Agent, to it at the following address: CTL Holdings II LLC 0000 TelecopyXxxx Xxxxxxx Xxxxx Xxxx, #000 Xxxxxxx Xxxxx, XX 00000 Attention: 000-000-0000 President Telephone: 000.000.0000 Telecopier: 561.892.6313 or, as to each of the foregoingparty, at such other address as shall be designated by such Person party in a Written Notice written notice to the othersother parties complying as to delivery with the terms of this Section 12.01. All such notices and other communications shall be effective effective, (i) if given by telecopiermailed (certified mail, postage prepaid and return receipt requested), when transmitted to received or 3 days after deposited in the telecopier number specified above with receipt confirmedmails, and received in legible form whichever occurs first, (ii) if given by mailtelecopied, five Business Days after being deposited in the mails addressed as specified abovewhen transmitted and confirmation received, and or (iii) if given delivered by hand, Federal Express or other meansreputable overnight courier, when delivered at the address specified aboveupon delivery, except that written notices to the Primary Liquidity Provider any Agent pursuant to the provisions of Articles Article II and III shall not be effective until received by the Primary Liquidity Provider, subject to the last sentence of Section 2.02(f). A copy of all notices delivered hereunder to either party shall in addition be delivered to each of the parties to the Participation Agreements at their respective addresses set forth thereinsuch Agent.
Appears in 2 contracts
Samples: Financing Agreement (Imperial Holdings, LLC), Financing Agreement (Imperial Holdings, LLC)
Notices, Etc. Except as otherwise expressly provided herein, all All notices and other communications provided for hereunder shall shall, unless otherwise stated herein, be made in writing (including sent by telecopier) and to the following address: Borrower: Wilmington Trust Company Xxxxxx Square North 0000 Xxxxx Xxxxxx Xxxxxx Xxxxxxxxxxmailed or telecommunicated, XX 00000-0000 Attention: Corporate Trust Administration Telephone: 000-000-0000 Telecopy: 000-000-0000 Liquidity Provider: Xxxxxxxxxx Xxxxx-Xxxxxxxxxxx Xx Xxxxxxxxxxxx 0 X-00000 Xxxxxxxxx Xxxxxxx Attention: Structured Finance Telephone: +00-000-000-0000 Telecopy: +00-000-000-0000 with a copy of any Notice of Borrowing to: Landesbank Baden-Württemberg 000 Xxxx Xxxxxx, Xxxx Xxxxxxxx, 00xx Xxxxx Xxx Xxxx, Xxx Xxxx 00000 Attention: Xxxxxxx Xxxxx, Vice President Xxxxx Xxxxxx, Assistant Vice President Xxxxxxx Xxx Telephone: 000-000-0000 Telecopy: 000-000-0000 or, or delivered as to each of the foregoingparty hereto, at its address set forth below or at such other address as shall be designated by such Person party in a Written Notice written notice to the othersother parties hereto. All such notices and communications shall be effective (i) if given by telecopier, when transmitted to the telecopier number specified above with receipt confirmed, and received in legible form (ii) if given by mail, five Business Days after being deposited in the mails addressed as specified above, and (iii) if given by other means, when delivered at the address specified above, except that written notices to the Primary Liquidity Provider pursuant to the provisions of Articles II and III shall not be effective until received by the Primary Liquidity Providerparty to whom such notice or communication is addressed. Bluegreen Vacations Corporation 0000 Xxxxxxxxxx Xxx Xxxxx, subject Xxxxx 000 Xxxx Xxxxx, Xxxxxxx 00000 Attention: Xxxxxxx X. Xxxxx, Senior Vice President, CFO & Treasurer Facsimile: (000) 000-0000 Bluegreen Timeshare Finance Corporation I 0000 Xxxxxxxxxxxxx Xxxxxx, Xxxxx 000 Xxxx Xxxxx, Xxxxxxx 00000 Attention: Xxxxx X. HerzPaul Xxxxxxxx, President & Assistant Treasurer Facsimile: (000) 000-0000 No Waiver; Remedies. No failure on the part of the Seller, the Depositor or any assignee thereof to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any other remedies provided by law. Binding Effect; Assignability. This Agreement shall be binding upon and inure to the last sentence benefit of Section 2.02(f)the Depositor and its respective successors and assigns. A copy Any assignee of the Depositor shall be an express third party beneficiary of this Agreement, entitled to directly enforce this Agreement. The Seller may not assign any of its rights and obligations hereunder or any interest herein without the prior written consent of the Depositor and any assignee thereof. The Depositor may, and intends to, assign all notices delivered of its rights hereunder to either party the Issuer and the Seller consents to any such assignment. This Agreement shall in addition be delivered to each create and constitute the continuing obligations of the parties hereto in accordance with its terms, and shall remain in full force and effect until its termination; provided, however, that the rights and remedies with respect to any breach of any representation and warranty made by the Participation Agreements at their respective addresses set forth thereinSeller pursuant to Section 5 hereof and the repurchase or substitution and indemnification obligations shall be continuing and shall survive any termination of this Agreement but such rights and remedies may be enforced only by the Depositor, the Issuer and the Indenture Trustee.
Appears in 2 contracts
Samples: Omnibus Amendment (BBX Capital Corp), Omnibus Amendment (Bluegreen Vacations Corp)
Notices, Etc. Except as otherwise expressly provided hereinin this Term Loan Agreement, all notices and other communications provided for hereunder made or required to be given pursuant to this Term Loan Agreement or the Term Loan Note shall be made in writing (including and shall be delivered in hand, mailed by United States registered or certified first class mail, postage prepaid, sent by telecopierovernight courier, or sent by facsimile and confirmed by delivery via courier or postal service, addressed as follows:
(a) and if to any Borrower or any Guarantor, to the following address: Borrower: Wilmington Trust Company Xxxxxx Square North Borrower Representative at Sovran Self Storage, Inc., 0000 Xxxxx Xxxxxx Xxxxxx XxxxxxxxxxXxxx Xxxxxx, XX Xxxxxxx, Xxx Xxxx 00000-0000 , Attention: Corporate Trust Administration Telephone: 000-000-0000 Telecopy: 000-000-0000 Liquidity Provider: Xxxxxxxxxx Xxxxx-Xxxxxxxxxxx Xx Xxxxxxxxxxxx 0 X-00000 Xxxxxxxxx Xxxxxxx Attention: Structured Finance Telephone: +00-000-000-0000 Telecopy: +00-000-000-0000 Xx. Xxxxx X. Rogers, Chief Financial Officer, with a copy of to Xxxxxxxx Xxxxx LLP, Xxx XXXX Xxxxxx, Xxxxxxx, Xxx Xxxx 00000, Attention: Xxxxxxx X. Xxxxx, Esq., or to such other address for notice as the Borrower Representative or any Notice of Borrowing toGuarantor shall have last furnished in writing to the Bank;
(b) if to the Bank, at Manufacturers and Traders Trust Company, One M&T Plaza, Buffalo, New York 14203, Attention: Landesbank BadenXxxxx Xxxxx-Württemberg Xxxxxxxxxxx, Vice President, or such other address for notice as the Bank shall have last furnished in writing to the Borrowers, with a copy to Xxxxxxx X. Xxxxxxx, Esq., Lippes Xxxxxxx Xxxxxx Xxxxxxxx LLP, 000 Xxxx Xxxxxx, Xxxx XxxxxxxxXxx. 000, 00xx Xxxxx Xxx XxxxXxxxxxx, Xxx Xxxx 00000 Attention: Xxxxxxx Xxxxx00000, Vice President Xxxxx Xxxxxx, Assistant Vice President Xxxxxxx Xxx Telephone: 000-000-0000 Telecopy: 000-000-0000 or, as to each of the foregoing, or at such other address for notice as the Bank shall last have furnished in writing to the Person giving the notice;. Any such notice or demand shall be designated by such Person in a Written Notice deemed to the others. All such notices have been duly given or made and communications shall be to have become effective (i) if given delivered by telecopierhand, when transmitted overnight courier or facsimile to the telecopier number specified above party to which it is directed, at the time of the receipt thereof by such party or the sending of such facsimile with electronic confirmation of receipt confirmed, and received in legible form (ii) if given sent by registered or certified first-class mail, five postage prepaid, on the fifth Business Days after being deposited in Day following the mails addressed as specified above, and (iii) if given by other means, when delivered at the address specified above, except that written notices to the Primary Liquidity Provider pursuant to the provisions of Articles II and III shall not be effective until received by the Primary Liquidity Provider, subject to the last sentence of Section 2.02(f). A copy of all notices delivered hereunder to either party shall in addition be delivered to each of the parties to the Participation Agreements at their respective addresses set forth thereinmailing thereof.
Appears in 2 contracts
Samples: Term Loan Agreement (Sovran Acquisition LTD Partnership), Term Loan Agreement (Sovran Self Storage Inc)
Notices, Etc. Except as otherwise expressly provided herein, all notices and other communications provided for hereunder shall be made in writing (including telecopier and mailed or delivered or sent by telecopier) and to the following address: ): Borrower: Wilmington State Street Bank and Trust Company Xxxxxx Square North 0000 Xxxxx Of Connecticut, National Association 000 Xxxxxx Xxxxxx XxxxxxxxxxXxxxxxx Xxxxxx Hartford, XX 00000-0000 CT 06103 Attention: Corporate Trust Administration Corporate/Muni. Department Telephone: (000-) 000-0000 Telecopy: (000) 000-0000 with a copy to: State Street Bank and Trust Company Corporate Trust Department 0 Xxxxxx xx Xxxxxxxxx Xxxxxx, XX 00000 Attention: Xxxx X. Xxxxx Telecopy: (000) 000-0000 Liquidity Provider: Xxxxxxxxxx Xxxxx-Xxxxxxxxxxx Xx Xxxxxxxxxxxx 0 Bayerische Landesbank Girozentrale Xxxxxxxx Xxxxxxx 00 X-00000 Xxxxxxxxx Xxxxxx, Xxxxxxx Attention: Structured Aircraft Finance Department, 7650 Telephone: +00-000-000-00 00 0000 0000 Telecopy: +00-000-000-0000 49 89 2171 3763 with a copy of any Notice of Borrowing to: Bayerische Landesbank Baden-Württemberg Girozentrale 000 Xxxx Xxxxxx, Xxxx Xxxxxxxx, 00xx Xxxxx Xxxxxxxxx Xxxxxx Xxx Xxxx, Xxx Xxxx 00000 Attention: Xxxxxxxx Xxxxxxx Xxxxx, Vice President Xxxxx Xxxxxx, Assistant Vice President Xxxxxxx Xxx Telephone: (000-) 000-0000 Telecopy: (000-) 000-0000 or, as to each of the foregoing, at such other address as shall be designated by such Person in a Written Notice written notice to the others. All such notices and communications shall be effective (i) if given by telecopier, when transmitted to the telecopier number specified above with receipt confirmed, and received in legible form (ii) if given by mail, five Business Days after being deposited in the mails addressed as specified above, and (iii) if given by other means, when delivered at the address specified above, except that written notices to the Primary Liquidity Provider pursuant to the provisions of Articles II and III hereof shall not be effective until received by the Primary Liquidity Provider, subject to the last sentence of Section 2.02(f). A copy of all notices delivered hereunder to either party shall in addition be delivered to each of the parties to the Participation Agreements at their respective addresses set forth therein.
Appears in 1 contract
Notices, Etc. Except as otherwise expressly provided herein, all All notices and other communications required or provided for hereunder in this Agreement or under any of the other Loan Documents shall be made in writing and delivered either (including sent i) personally, (ii) via certified mail with return receipt requested, (iii) by telecopierFederal Express or other nationally recognized, overnight courier service, or (iv) and by facsimile, with the original by United States, first class, postage prepaid mail, to the following addressparty to whom directed at the addresses and facsimile numbers set forth below, or to such other addresses and numbers as may be designated by any party by the giving of notice of a change in its address or facsimile number as provided for herein. All notices given as provided for herein, other than by way of certified mail, shall be deemed effective upon personal delivery, the next business day after delivery to the overnight courier service or upon being faxed, as applicable. Notice given by way of certified mail shall be deemed effective upon receipt or refusal of receipt thereof. The addresses and facsimile numbers for notice to the parties hereto are as follows: BorrowerIf to the Borrowers: Wilmington Trust Company Xxxxxx Square North 0000 Xxxxx Xxxxxx Xxxxxx XxxxxxxxxxXxxxxxxxxxxxx Xxxx Xxxxxxxxx, XX 00000-0000 AttentionFacsimile: Corporate Trust Administration Telephone: (000-) 000-0000 TelecopyIf to Xxxx Xxxxxx Xxxxx: 0000 Xxxxx Xxxx Xxxxx Xxxxxxxxx, XX 00000 If to D. Xxxxxxx Xxxxx: 000 Xxxxxxxx Xxx Lexington, KY 40503 with a copy to the Borrowers' and Guarantors' counsel: Xxxxxx X. Xxxx, Xx., Esq. Xxxxxx & Xxxxxxxx 0000 Xxxxxxxxx Xxxxxxxxx Xxxxxx Xxxxxxxxx, XX 00000 Facsimile: (000-) 000-0000 Liquidity ProviderXxxxxxx X. Xxxxxx, Esq. Vimont & Xxxxx, PLLC 000 Xxxx Xxxx Xxxxxx, Xxxxx 000 Xxxxxxxxx, XX 00000-0000 Facsimile: Xxxxxxxxxx Xxxxx-Xxxxxxxxxxx Xx Xxxxxxxxxxxx 0 X-00000 Xxxxxxxxx Xxxxxxx Attention: Structured Finance Telephone: +00-(000-) 000-0000 TelecopyIf to the Bank: +00Xxxxxx Xxxxxx Bank One, Kentucky, NA 000 Xxxx Xxxx Xxxxxx Xxxxxxxxx, XX 00000-0000 Facsimile: (000-) 000-0000 with a copy of any Notice of Borrowing toto the Bank's counsel at: Landesbank Baden-Württemberg Xxxxxx X. Xxxxxxxxx Xxxxx, Xxxxxx & Park, LLP 000 Xxxx Xxxx Xxxxxx, Xxxx XxxxxxxxXxxxx 0000 Xxxxxxxxx, 00xx Xxxxx Xxx Xxxx, Xxx Xxxx 00000 AttentionXX 00000-0000 Facsimile: Xxxxxxx Xxxxx, Vice President Xxxxx Xxxxxx, Assistant Vice President Xxxxxxx Xxx Telephone: (000) 000-000-0000 Telecopy: 000-000-0000 or, as to each of the foregoing, at such other address as shall be designated by such Person in a Written Notice to the others. All such notices and communications shall be effective (i) if given by telecopier, when transmitted to the telecopier number specified above with receipt confirmed, and received in legible form (ii) if given by mail, five Business Days after being deposited in the mails addressed as specified above, and (iii) if given by other means, when delivered at the address specified above, except that written notices to the Primary Liquidity Provider pursuant to the provisions of Articles II and III shall not be effective until received by the Primary Liquidity Provider, subject to the last sentence of Section 2.02(f). A copy of all notices delivered hereunder to either party shall in addition be delivered to each of the parties to the Participation Agreements at their respective addresses set forth therein.0000
Appears in 1 contract
Notices, Etc. Except as otherwise expressly provided hereinAll demands, all notices and other communications provided for hereunder shall shall, unless otherwise stated herein, be made in writing (including sent which shall include facsimile communication and communication by telecopiere-mail in portable document format (.pdf)) and faxed, e-mailed or delivered, to each party hereto, at its address set forth below or at such other address as shall be designated by such party in a written notice to the other parties hereto, and to the following address: Borrower: Wilmington Trust Company Xxxxxx Square North 0000 Xxxxx Xxxxxx Xxxxxx XxxxxxxxxxTrustee or each Rating Agency, XX 00000-0000 Attention: Corporate Trust Administration Telephone: 000-000-0000 Telecopy: 000-000-0000 Liquidity Provider: Xxxxxxxxxx Xxxxx-Xxxxxxxxxxx Xx Xxxxxxxxxxxx 0 X-00000 Xxxxxxxxx Xxxxxxx Attention: Structured Finance Telephone: +00-000-000-0000 Telecopy: +00-000-000-0000 with a copy of any Notice of Borrowing to: Landesbank Baden-Württemberg 000 Xxxx Xxxxxx, Xxxx Xxxxxxxx, 00xx Xxxxx Xxx Xxxx, Xxx Xxxx 00000 Attention: Xxxxxxx Xxxxx, Vice President Xxxxx Xxxxxx, Assistant Vice President Xxxxxxx Xxx Telephone: 000-000-0000 Telecopy: 000-000-0000 or, as to each of at its address set forth in the foregoing, Indenture or at such other address as shall be designated by such Person in a Written Notice written notice to the othersother parties hereto. All such Notices and communications by facsimile and e-mail shall be effective when sent (and shall be followed by hard copy sent by regular mail), and notices and communications sent by other means shall be effective when received. Notices and other communications relating to this Agreement to be delivered by the Buyer (ior the Trustee on its behalf) if given by telecopier, when transmitted to the telecopier number specified above with receipt confirmed, and received in legible form (ii) if given by mail, five Business Days after being deposited any Holder shall be delivered as provided in the mails addressed as specified aboveIndenture. The address for the Seller is the following: Gxxxx Capital BDC, and Inc. 100 Xxxxx Xxxxxx Xxxxx, Suite 800 Chicago, Illinois 60606 Attention: Dxxxx Xxxxx E-mail: dxxxxx@xxxxxxxxxxxx.xxx Facsimile No.: (iii000) if given by other means000-0000 The address for the Intermediate Seller is the following: Gxxxx Capital BDC CLO III Depositor LLC 100 Xxxxx Xxxxxx Xxxxx, when delivered at Suite 800 Chicago, Illinois 60606 Attention: Dxxxx Xxxxx E-mail: dxxxxx@xxxxxxxxxxxx.xxx Facsimile No.: (000) 000-0000 The address for the address specified aboveBuyer is the following: Gxxxx Capital BDC CLO III LLC c/o Puglisi & Associates 800 Xxxxxxx Xxxxxx, except that written notices to the Primary Liquidity Provider pursuant to the provisions of Articles II and III shall not be effective until received by the Primary Liquidity ProviderXxxxx 000 Xxxxxx, subject to the last sentence of Section 2.02(f). A copy of all notices delivered hereunder to either party shall in addition be delivered to each of the parties to the Participation Agreements at their respective addresses set forth thereinXxxxxxxx 00000 Attention: Dxxxxx Xxxxxxx E-mail: dxxxxxxx@xxxxxxxxxxxx.xxx Facsimile No.: (000) 000-0000
Appears in 1 contract
Samples: Master Loan Sale Agreement (GOLUB CAPITAL BDC, Inc.)
Notices, Etc. Except as otherwise expressly provided hereinAll notices, all notices requests and demands which any party is required or may desire to give to any other communications provided for hereunder shall party under any provision of this Agreement must be made in writing (including sent by telecopier) and delivered to each party at the following address: If to Borrower: Wilmington Trust Company Xxxxxx Square North Lindsay Corporation 2000 X. 000xx Xxxxxx, Xxxxx 000 Xxxxx, Xxxxxxxx 00000 Attn: Dxxxx X. Xxxxxxx, Xx. Vice President and CFO Phone: 400-000-0000 Fax: 400-000-0000 E-mail: Dxxx.Xxxxxxx@Xxxxxxx.xxx and if to Bank: Wxxxx Fargo Bank, National Association Nebraska Commercial Banking MAC N8069-020 10000 Xxxxxxxxxx Xxxxxx, Xxxxx Xxxxxx Xxxxxx Xxxxxxxxxx000 Xxxxx, XX 00000-0000 AttentionAttn: Corporate Trust Administration TelephoneMxxxxxx X. Xxxxxxxx Phone: 000400-000-0000 TelecopyFax: 000400-000-0000 Liquidity ProviderE-mail: Xxxxxxxxxx Xxxxx-Xxxxxxxxxxx Xx Xxxxxxxxxxxx 0 X-00000 Xxxxxxxxx Xxxxxxx Attention: Structured Finance Telephone: +00-000-000-0000 Telecopy: +00-000-000-0000 with a copy of any Notice of Borrowing to: Landesbank Baden-Württemberg 000 Xxxx Xxxxxx, Xxxx Xxxxxxxx, 00xx Xxxxx Xxx Xxxx, Xxx Xxxx 00000 Attention: Xxxxxxx Xxxxx, Vice President Xxxxx Xxxxxx, Assistant Vice President Xxxxxxx Xxx Telephone: 000-000-0000 Telecopy: 000-000-0000 Mxxxxxx.X.Xxxxxxxx@wxxxxxxxxx.xxx or, as to each of the foregoingparty, at such other address as shall be designated by such Person party in a Written Notice written notice to the othersother party. All Each such notices notice, request and communications demand shall be effective deemed given or made as follows: (ia) if given sent by telecopierhand delivery or overnight courier service, when transmitted to upon signature by or on behalf of the telecopier number specified above with receipt confirmed, and received in legible form receiving party; (iib) if given sent by certified or registered mail, five Business Days upon the earlier of the date of actual receipt or three (3) days after being deposited deposit in the mails addressed as specified aboveU.S. mail, first class and postage prepaid; and (iiic) if given sent by other meansfacsimile, when delivered at upon actual receipt. Notwithstanding the address specified above, except that written foregoing: (1) notices to the Primary Liquidity Provider Bank pursuant to the provisions of Articles Article II and III shall not be effective until actually received by Bank; and (2) Bank may accept oral borrowing notices pursuant to Section 2.02 hereof, provided that Bank shall incur no liability to Borrower in acting on any such communication that Bank believes to have been given by a person authorized to give such notice on behalf of Borrower. Any confirmation sent by Bank to Borrower of any borrowing under this Agreement shall, in the Primary Liquidity Providerabsence of manifest error, subject be conclusive and binding for all purposes as to Borrower. Electronic mail may be used only to distribute routine communications, such as financial statements and other information, and may not be used for any other purpose, and it shall be the last sentence of Section 2.02(f). A copy of all notices delivered hereunder to either party shall in addition be delivered to each responsibility of the parties sending party to the Participation Agreements at their respective addresses set forth thereinconfirm that any communications delivered by electronic mail are actually received.
Appears in 1 contract
Notices, Etc. Except as otherwise expressly provided herein, all notices and other communications provided for hereunder Any notice or communication under this Agreement shall be made duly given if in writing (including sent and delivered in person, mailed by telecopier) and registered or certified mail, postage prepaid, return receipt requested or delivered by telecopier or overnight air courier guaranteeing next day delivery to the following other's address: BorrowerIf to the Company: Wilmington Trust Company Streamline, Inc. 00 Xxxxxxxxx Xxxxxx Square North 0000 Xxxxx Xxxxxx Xxxxxx XxxxxxxxxxXxxxxxxx, XX 00000-0000 AttentionXxxxxxxxxxxxx 00000 Attn: Corporate Trust Administration TelephoneChief Executive Officer Fax: (000-) 000-0000 TelecopyTel: (000-) 000-0000 Liquidity ProviderWith a copy to: Xxxxxxxxxx Xxxxx-Xxxxxxxxxxx Xx Xxxxxxxxxxxx 0 X-00000 Xxxxxxxxx Xxxxxxx AttentionXxxx LLP 000 Xxxxxxx Xxxxxx Xxxxxx, Xxxxxxxxxxxxx 00000 Attn: Structured Finance TelephoneXxxxx X. Xxxxxxx, Esq. If to the Purchasers: +00-DDJ Capital Management, LLC 000 Xxxxxx Xxxxxx, Xxxxx X-0 Xxxxxxxxx, Xxxxxxxxxxxxx 00000 Attn: General Counsel Fax: (000-) 000-0000 TelecopyTel: +00-(000-) 000-0000 with a copy of any Notice of Borrowing to: Landesbank Baden-Württemberg 000 Xxxx Xxxxxx, Xxxx Xxxxxxxx, 00xx Xxxxx Xxx Xxxx, Xxx Xxxx 00000 Attention: Xxxxxxx Xxxxx, Vice President Xxxxx Xxxxxx, Assistant Vice President Xxxxxxx Xxx Telephone: 000-000-0000 Telecopy: 000-000-0000 or, as to each of The Company or the foregoing, at such other address as shall be designated Purchasers by such Person in a Written Notice notice to the othersother may designate additional or different addresses for subsequent notices or communications. All such notices and communications (other than those sent to Holders) shall be effective (i) deemed to have been duly given: at the time delivered by hand, if given personally delivered; the date receipt is acknowledged, if mailed by telecopierregistered or certified mail; when answered back, when transmitted if telecopied; and the next Business Day after timely delivery to the telecopier number specified above courier, if sent by overnight air courier guaranteeing next day delivery. Any notice or communication to any Holder shall be mailed by first-class mail to his or her address shown on the register maintained by the Company. Failure to mail a notice or communication to a Holder or any defect in it shall not affect its sufficiency with receipt confirmed, and received in legible form (ii) if given by mail, five Business Days after being deposited respect to other Holders. If a notice or communication is mailed in the mails addressed as specified abovemanner provided above within the time prescribed, and (iii) if given by other meansit is duly given, when delivered at whether or not the address specified above, except that written notices to the Primary Liquidity Provider pursuant to the provisions of Articles II and III shall not be effective until received by the Primary Liquidity Provider, subject to the last sentence of Section 2.02(f). A copy of all notices delivered hereunder to either party shall in addition be delivered to each of the parties to the Participation Agreements at their respective addresses set forth thereinaddressee receives it.
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Notices, Etc. (a) On and after the Assumption Date, Credit Acceptance and the Trust Collateral Agent hereby agree to provide to the Backup Servicer all notices required to be provided to the Servicer pursuant to the Sale and Servicing Agreement and the other Basic Documents, as well as a hard copy sent by a nationally recognized courier service with item tracking capability.
(b) Except as otherwise expressly provided hereinwhere telephonic instructions or notices are authorized herein to be given, all notices notices, demands, instructions and other communications provided for hereunder required or permitted to be given to or made upon any party hereto shall be made in writing and shall be sent electronically or by facsimile transmission with a confirmation of the receipt thereof and shall be deemed to be given for purposes of this Agreement on the day that the receipt of such facsimile transmission is confirmed in accordance with the provisions of this Section 5.1. Unless otherwise specified in a notice sent or delivered in accordance with the foregoing provisions of this Section, notices, demands, instructions (including sent by telecopierpayment instructions) and other communications in writing shall be given to or made upon the respective parties hereto at their respective addresses and accounts indicated below, and, in the case of telephonic instructions or notices, by calling the telephone number or numbers indicated for such party below: If to the following addressIssuer: Borrower: Wilmington Credit Acceptance Auto Loan Trust Company Xxxxxx Square North 0000 2013-2 c/o U.S. Bank Trust National Association 300 Xxxxxxxx Xxxxxx, 0xx Xxxxx Xxxxxx Xxxxxx Xxxxxxxxxx, XX 00000 Attention: Axxxxxx Xxxxxx Telephone: (000) 000-0000 Telecopy: (000) 000-0000 If to the Servicer: Credit Acceptance Corporation Silver Triangle Building 20000 Xxxx Xxxxxx Xxxx Xxxx, Xxxxx 0000 Xxxxxxxxxx, Xxxxxxxx 00000-0000 Attention: Dxxx Xxxx Telephone: (000) 000-0000 (ext. 4432) Telecopy: (000) 000-0000 If to the Trust Collateral Agent: Wxxxx Fargo Bank, National Association MAC N0000-000 Xxxxx Xxxxxx xxx Xxxxxxxxx Xxxxxx Xxxxxxxxxxx, Xxxxxxxxx 00000 Attention: Corporate Trust Services – Asset-Backed Administration Telephone: (000-) 000-0000 Telecopy: (000-) 000-0000 Liquidity ProviderIf to the Backup Servicer: Xxxxxxxxxx XxxxxWxxxx Fargo Bank, National Association MAC N0000-Xxxxxxxxxxx Xx Xxxxxxxxxxxx 0 X-00000 000 Xxxxx Xxxxxx xxx Xxxxxxxxx Xxxxxxx Xxxxxx Xxxxxxxxxxx, Xxxxxxxxx 00000 Attention: Structured Finance Corporate Trust Services – Asset-Backed Administration Telephone: +00-(000-) 000-0000 Telecopy: +00-(000) 000-000-0000 with a copy of any Notice of Borrowing to: Landesbank Baden-Württemberg 000 Xxxx Xxxxxx, Xxxx Xxxxxxxx, 00xx Xxxxx Xxx Xxxx, Xxx Xxxx 00000 Attention: Xxxxxxx Xxxxx, Vice President Xxxxx Xxxxxx, Assistant Vice President Xxxxxxx Xxx Telephone: 000-000-0000 Telecopy: 000-000-0000 or, as to each of the foregoing, at such other address as shall be designated by such Person in a Written Notice to the others. All such notices and communications shall be effective (i) if given by telecopier, when transmitted to the telecopier number specified above with receipt confirmed, and received in legible form (ii) if given by mail, five Business Days after being deposited in the mails addressed as specified above, and (iii) if given by other means, when delivered at the address specified above, except that written notices to the Primary Liquidity Provider pursuant to the provisions of Articles II and III shall not be effective until received by the Primary Liquidity Provider, subject to the last sentence of Section 2.02(f). A copy of all notices delivered hereunder to either party shall in addition be delivered to each of the parties to the Participation Agreements at their respective addresses set forth therein.0000
Appears in 1 contract
Samples: Backup Servicing Agreement (Credit Acceptance Corp)
Notices, Etc. Except as to Trustee, Servicer, Company and Rating Agencies. Any request, demand, authorization, direction, notice, consent, waiver, Act of Noteholders, or other document provided or permitted by this Indenture to be made upon, given or furnished to, or filed with, the Trustee, the Company or the Servicer shall be sufficient for every purpose hereunder (unless otherwise herein expressly provided) if in writing and mailed, first-class postage prepaid or certified mail return receipt requested, or sent by private courier or confirmed telecopy. Unless otherwise specifically provided herein, all notices and no such request, demand, authorization, direction, notice, consent, waiver, Act of Noteholders or other communications provided for hereunder document shall be made effective until received and any provision hereof requiring the making, giving, furnishing, or filing of the same on any date shall be interpreted as requiring the same to be sent or delivered in writing (including such fashion that it will be received on such date. Any such request, demand, authorization, direction, notice, consent, waiver, Act of Noteholders, or other document shall be sent by telecopier) and or delivered to the following address: Borrower: Wilmington addresses:
(a) if to the Trustee, at the Corporate Trust Company Xxxxxx Square North 0000 Xxxxx Xxxxxx Xxxxxx XxxxxxxxxxOffice, XX 00000-0000 Attention: Corporate Trust Administration Telephone(Number for telecopy: (000) 000-0000000), or at any other address previously furnished in writing to the Company and the Servicer by the Trustee; or
(b) if to the Company, at East Gate Center, 000 Xxxx Xxxx Xxxxx, Xxxxx Xxxxxx, Xxx Xxxxxx 00000-0000 Telecopy: 000-000-0000 Liquidity Provider: Xxxxxxxxxx Xxxxx-Xxxxxxxxxxx Xx Xxxxxxxxxxxx 0 X-00000 Xxxxxxxxx Xxxxxxx 5400, Attention: Structured Finance TelephonePresident (Number for telecopy: +00609-000273-000-0000 Telecopy: +00-000-000-0000 with a copy of 9288), or at any Notice of Borrowing to: Landesbank Baden-Württemberg other address previously furnished in writing to the Trustee and the Servicer by the Company; or
(c) if to the Servicer, at East Gate Center, 000 Xxxx Xxxx Xxxxx, Xxxxx Xxxxxx, Xxxx Xxx Xxxxxx 00000-0000, Attention: Xxxxxxx Xxxxxx (Number for telecopy: 609-273-9288), or at any other address previously furnished in writing to the Trustee and the Company by the Servicer.
(d) if to the Rating Agencies: to Xxxxx'x Investors Service, Inc., 00 Xxxxxx Xxxxxx, Xxx Xxxx, XX 00000, Attention: ABS Monitoring Department, to Standard & Poor's Ratings Group, 00 Xxxxxxxx, 00xx Xxxxx Xxx Xxxx, Xxx Xxxx 00000 00000, Attention: Xxxxxxx Asset Backed Surveillance Group, to Duff & Xxxxxx Credit Rating Co., 00 Xxxx Xxxxxx Xxxxxx, Xxxxxxx, Xxxxxxxx 00000, Attention: Structured Finance Monitoring Group and to Fitch Investors Service, L.P., Xxx Xxxxx Xxxxxx Xxxxx, Vice President Xxx Xxxx, XX 00000, Attention: Xxxxx Xxxxxx. Servicing Reports should also be sent to Fitch Information Services, Assistant Vice President Inc. 0000 Xxxx Xxxxxxx Xxx Telephone: 000-000-0000 Telecopy: 000-000-0000 orXxxxxx, as to each of the foregoingXxxxxx, at such other address as shall be designated by such Person in a Written Notice to the others. All such notices and communications shall be effective (i) if given by telecopier, when transmitted to the telecopier number specified above with receipt confirmed, and received in legible form (ii) if given by mail, five Business Days after being deposited in the mails addressed as specified above, and (iii) if given by other means, when delivered at the address specified above, except that written notices to the Primary Liquidity Provider pursuant to the provisions of Articles II and III shall not be effective until received by the Primary Liquidity Provider, subject to the last sentence of Section 2.02(f). A copy of all notices delivered hereunder to either party shall in addition be delivered to each of the parties to the Participation Agreements at their respective addresses set forth thereinXX 00000.
Appears in 1 contract
Notices, Etc. Except as otherwise expressly provided hereinin this Agreement, all notices and other communications provided for hereunder made or required to be given pursuant to this Agreement or the Notes shall be made in writing (including and shall be delivered in hand, mailed by United States registered or certified first class mail, postage prepaid, sent by telecopierovernight courier, or sent by facsimile and confirmed by delivery via courier or postal service, addressed as follows:
(a) and if to the following address: Borrower: Wilmington Trust Company Xxxxxx Square North Borrower or the Trust, at 0000 Xxxxx Xxxxxxx, Suite 500, Houston TX 77063, attention Xxxxx X. Xxxxxxxxxx (facsimile: (000) 000-0000), with a copy to General Counsel, or to such other address for notice as the Borrower or the Trust shall have last furnished in writing to the Agent;
(b) if to the Agent, to KeyBank National Association, 0000 Xxxxxxxxx Xxxx NE, Suite 1550, Atlanta, Georgia 30328, attention Xxxxxxxx Xxxx, Vice President (facsimile: (000) 000-0000), with a copy to Xxxxxxx Xxxxxxx, KeyBank National Association, 000 Xxxxxx Xxxxxx XxxxxxxxxxXxxxxx, Xxxxxxxxx, XX 00000-0000 Attention: Corporate Trust Administration Telephone: 000-000-0000 Telecopy: 000-000-0000 Liquidity Provider: Xxxxxxxxxx Xxxxx-Xxxxxxxxxxx Xx Xxxxxxxxxxxx 0 X-00000 Xxxxxxxxx Xxxxxxx Attention: Structured Finance Telephone: +00-000-000-0000 Telecopy: +00-000-000-0000 , or such other address for notice as the Agent shall have last furnished in writing to the Borrower, with a copy of any Notice of Borrowing to: Landesbank Baden-Württemberg to Xxxxxx X. XxxXxxxxx, Esq., Goulston & Storrs, 000 Xxxx Xxxxxxxx Xxxxxx, Xxxx Xxxxxxxx, 00xx Xxxxx Xxx Xxxx, Xxx Xxxx 00000 Attention: Xxxxxxx Xxxxx, Vice President Xxxxx Xxxxxx, Assistant Vice President Xxxxxxx Xxx TelephoneXxxxxxxxxxxxx 00000-0000 (facsimile: (000) 000-000-0000 Telecopy: 000-000-0000 or0000), as to each of the foregoing, or at such other address for notice as the Agent shall last have furnished in writing to the Person giving the notice; and
(c) if to any Lender, at such Lender’s address set forth on Schedule 2 hereto, or such other address for notice as such Lender shall have last furnished in writing to the Person giving the notice. Any such notice or demand shall be designated by such Person in a Written Notice deemed to the others. All such notices have been duly given or made and communications shall be to have become effective (i) if given delivered by telecopierhand, when transmitted overnight courier, or facsimile to the telecopier number specified above with party to which it is directed, at the time of the receipt confirmed, thereof by such party or the sending of such facsimile and received in legible form (ii) if given sent by registered or certified first-class mail, five postage prepaid, on the third Business Days after being deposited in Day following the mails addressed as specified above, and (iii) if given by other means, when delivered at the address specified above, except that written notices to the Primary Liquidity Provider pursuant to the provisions of Articles II and III shall not be effective until received by the Primary Liquidity Provider, subject to the last sentence of Section 2.02(f). A copy of all notices delivered hereunder to either party shall in addition be delivered to each of the parties to the Participation Agreements at their respective addresses set forth thereinmailing thereof.
Appears in 1 contract
Notices, Etc. Except as otherwise expressly provided herein, all notices and other communications provided for hereunder (a) Any notice or demand authorized or required by this Agreement to be given or made shall be sufficiently given or made when and if delivered in writing (including sent person, by telecopier) and telecopier with a confirmation of good transmission, by FedEx or United Parcel Service or by registered or certified U.S. mail, addressed to the following addressoffice of the party expressly designated by such party as its office for purposes of this Agreement (until otherwise notified in accordance with this Section), as follows: BorrowerTo the Borrower or any Guarantor, to it at: Wilmington Trust Company Polymer Group, Inc. 0000 Xxxxxxx Xxxxxx Square North 0000 Xxxxx Xxxxxx Xxxxxx XxxxxxxxxxCharleston, XX 00000-0000 South Carolina 29405 Attention: Corporate Trust Administration General Counsel and Chief Financial Officer Telephone: (000-) 000-0000 TelecopyFax: (000-) 000-0000 Liquidity ProviderWith a copy to: Xxxxxxxxxx Xxxxx-Xxxxxxxxxxx Xx Xxxxxxxxxxxx 0 X-00000 Xxxxxxxxx Xxxxxxx Xxxxxxxx & Xxxxx 000 Xxxx Xxxxxxxx Xxxxx Chicago, Illinois 60601 Attention: Structured Finance TelephoneH. Xxxx xxx Xxxxxx, Esq. Facsimile: +00-(000-) 000-0000 TelecopyTelephone: +00-(000-) 000-0000 with To GOF: MatlinPatterson Global Opportunities Partners LP C/O: MatlinPatterson Global Advisers LLC 000 Xxxxxxx Xxxxxx Xxx Xxxx, XX 00000 Attention: General Counsel and Xxxxx Betolaza Telephone: (000) 000-0000 Fax: (000) 000-0000 With a copy of any Notice of Borrowing to: Landesbank Baden-Württemberg 000 Xxxx Xxxxxx X. Xxxxxx, Xxxx XxxxxxxxEsq. Xxxxxx, 00xx Xxxxxxxxxx & Xxxxxxxxx LLP 000 Xxxxx Xxxxxx Xxx Xxxx, Xxx Xxxx 00000 Attention: Xxxxxxx Xxxxx, Vice President Xxxxx Xxxxxx, Assistant Vice President Xxxxxxx Xxx Telephone: (000-) 000-0000 TelecopyFax: (000) 000-0000000;
(b) Unless otherwise specified herein, such notices or other communications shall be deemed effective (a) on the date delivered, if delivered personally, (b) one Business Day after being delivered, if delivered by telecopier with confirmation of good transmission, (c) one 66 Business Day after being sent by Federal Express or United Parcel Service, if sent by Federal Express or United Parcel Service and delivered thereto prior to their deadline for next-0000 orday delivery, or (d) seven Business Days after being sent, if sent by registered or certified mail. Each of the parties hereto shall be entitled to specify a different address by giving notice as aforesaid to each of the foregoing, at such other address as shall be designated by such Person in a Written Notice to the others. All such notices and communications shall be effective (i) if given by telecopier, when transmitted to the telecopier number specified above with receipt confirmed, and received in legible form (ii) if given by mail, five Business Days after being deposited in the mails addressed as specified above, and (iii) if given by other means, when delivered at the address specified above, except that written notices to the Primary Liquidity Provider pursuant to the provisions of Articles II and III shall not be effective until received by the Primary Liquidity Provider, subject to the last sentence of Section 2.02(f). A copy of all notices delivered hereunder to either party shall in addition be delivered to each of the parties to the Participation Agreements at their respective addresses set forth thereinhereto.
Appears in 1 contract
Samples: Senior Subordinated Note Purchase Agreement (Polymer Group Inc)
Notices, Etc. Except as otherwise expressly provided herein, all All notices and other communications provided for hereunder shall be made in writing (including and sent or delivered by telecopier) mail, telegraph, telex, telecopy, cable or overnight courier service and to the following address: Borrower: Wilmington Trust Company Xxxxxx Square North 0000 Xxxxx Xxxxxx Xxxxxx Xxxxxxxxxx, XX 00000-0000 Attention: Corporate Trust Administration Telephone: 000-000-0000 Telecopy: 000-000-0000 Liquidity Provider: Xxxxxxxxxx Xxxxx-Xxxxxxxxxxx Xx Xxxxxxxxxxxx 0 X-00000 Xxxxxxxxx Xxxxxxx Attention: Structured Finance Telephone: +00-000-000-0000 Telecopy: +00-000-000-0000 with a copy of any Notice of Borrowing to: Landesbank Baden-Württemberg 000 Xxxx Xxxxxx, Xxxx Xxxxxxxx, 00xx Xxxxx Xxx Xxxx, Xxx Xxxx 00000 Attention: Xxxxxxx Xxxxx, Vice President Xxxxx Xxxxxx, Assistant Vice President Xxxxxxx Xxx Telephone: 000-000-0000 Telecopy: 000-000-0000 or, as to each of the foregoing, at such other address as shall be designated by such Person in a Written Notice to the others. All all such notices and communications shall shall, when mailed, telegraphed, telexed, telecopied, or cabled or sent by overnight courier, be effective (i) if given by telecopier, when transmitted to the telecopier number specified above with receipt confirmed, and received in legible form (ii) if given by mail, five Business Days after being deposited in the mails addressed mails, delivered to the telegraph company, cable company or overnight courier, as specified abovethe case may be, and (iii) if given or sent by other means, when delivered at the address specified abovetelex or telecopier, except that written notices and communications to the Primary Liquidity Provider pursuant to the provisions of Articles II and III Pledgee or any Pledgor shall not be effective until received by the Primary Liquidity ProviderPledgee or such Pledgor, subject as the case may be. All such notices and other communications shall be addressed as follows:
(a) if to any Pledgor, c/o: Williams Scotsman, Inc. 8211 Town Center Drive Baltimore, Maryland 21236 Xxxxxxxxx: Xxxx Xxxx Xxxxxxxxx Xo.: (410) 931-6000 Xxlecopier No.: (410) 931-6117
(x) if to the last sentence of Section 2.02(f). A Pledgee, at: Xxxxxxxx Bank Trust Company Americas 60 Wall Street New York, NY 10005 Xxxxxxxxx: Xxxxxx Xxxxxxxxxx Xxxephone No.: (212) 250-3427 Telecopier No.: (212) 797-4655 with a copy of all notices delivered hereunder to: Dxxxxxxx Xxxx Xecurities Inc. 222 South Riverside Plaza Chicago, IL 60606 Xxxxxxxxx: Xxxxxx Xxxxxxxxxxx Xxlephone No.: (312) 537-1847 Xxlecopier No.: (312) 537-1327
(x) if to either party any Bank Creditor other than txx Xxxxxxx, xx such address as such Bank Creditor shall have specified in addition be delivered the Credit Agreement;
(d) if to any Interest Rate Creditor, at such address as such Interest Rate Creditor shall have specified in writing to each of Pledgor and the parties Collateral Agent;
(e) if to the Participation Agreements Senior Secured Notes Trustee or any other Second Lien Creditor, at: U.S. Bank National Association 60 Livingston Avenue EP-MN-WS3C St. Xxxx, Xxxxxxxxx 00000 Attention: Richard Prokosch Telephone No.: (651) 495-3918 Xxxecopier No.: (651) 495-8097 or at their respective addresses set forth thereinxxxx xxxxx xxdress or addressed to such other inxxxxxxxx xx xxall have been furnished in writing by any Person described above to the party required to give notice hereunder.
Appears in 1 contract
Samples: u.s. Pledge Agreement (Williams Scotsman of Canada Inc)
Notices, Etc. Except as otherwise expressly provided herein, all All notices and other communications provided for hereunder shall be made in writing (including sent by telecopiertelegraphic, telecopy or telex communication) and mailed, telegraphed, telecopied, telexed or delivered, by overnight courier services or personally served,
(a) if to the following address: Borrower: Wilmington Trust c/x Xxxxx Transportation Company Xxxxxx Square North 0000 Xxxxxxxxx Xxxxx Xxxxxx Xxxxxx XxxxxxxxxxXxxxxxxxx, XX 00000-0000 Xxxxxxxxxxx 00000 Attention: Corporate Trust Administration TelephoneChief Financial Officer Telephone No.: (000-) 000-0000 TelecopyFacsimile No.: (000-000-0000 Liquidity Provider: Xxxxxxxxxx Xxxxx-Xxxxxxxxxxx Xx Xxxxxxxxxxxx 0 X-00000 Xxxxxxxxx Xxxxxxx Attention: Structured Finance Telephone: +00-000-000-0000 Telecopy: +00-000-) 000-0000 with a copy of any Notice of Borrowing to: Landesbank BadenXxxx Xxxxx & Xxxxxxx LLP Xxx Xxxxxxxx Xxxxxx Xxxxxxxx, Xxxxxxxxxxx 00000 Attention: Xxxxxxx X. Xxxxxxx, Esq. Telephone No.: (000) 000-Württemberg 0000 Facsimile No.: (000) 000-0000
(b) if to the Administrative Agent: Fleet Bank, N.A. 0000 Xxxxxx xx xxx Xxxxxxxx Xxx Xxxx, Xxx Xxxx 00000 Attention: Xxxxxx X. Xxxxxxx Telephone No.: (000) 000-0000 Facsimile No.: (000) 000-0000 with a copy to: Winston & Xxxxxx 000 Xxxx Xxxxxx, Xxxx Xxxxxxxx, 00xx Xxxxx Xxxxxx Xxx Xxxx, Xxx Xxxx 00000 Attention: Xxxxxxx XxxxxX. Xxxxxxxxx, Vice President Xxxxx Xxxxxx, Assistant Vice President Xxxxxxx Xxx TelephoneEsq. Telephone No.: (000-) 000-0000 TelecopyFacsimile No.: (000) 000-000-0000 0000
(c) if to any Initial Lender or the Initial Issuing Bank, at its Domestic Lending Office specified opposite its name on SCHEDULE I attached hereto.
(d) if to any other Lender Party, at its Domestic Lending Office specified in the Assignment and Acceptance pursuant to which it became a Lender Party; or, as to each of the foregoingBorrower or the Administrative Agent, at such other address as shall be designated by such Person party in a Written Notice written notice to the othersother parties and, as to each other party, at such other address as shall be designated by such party in a written notice to the Borrower and the Administrative Agent. All such notices and communications shall be effective shall, (i) if given when mailed by telecopiercertified mail, when transmitted to the telecopier number specified above with return receipt confirmedrequested, and received in legible form be effective three (3) days after mailing, (ii) if given when telegraphed, telecopied or telexed be effective upon delivery to the telegraph company, upon transmission by mailtelecopier or upon confirmation by telex answerback, five (iii) when delivered in person, be effective when delivered, and (iv) when delivered by overnight courier, be effective two (2) Business Days after being deposited in delivery to the mails addressed as specified above, and (iii) if given by other means, when delivered at the address specified abovecourier properly addressed, except that written notices and communications to the Primary Liquidity Provider Administrative Agent pursuant to the provisions of Articles II and III Article 2, 3 or 10 shall not be effective until received by the Primary Liquidity ProviderAdministrative Agent. Delivery by telecopier of an executed counterpart of this Agreement, subject to the last sentence Notes or any other Loan Document or of Section 2.02(f). A copy any Exhibit hereto or thereto or of all notices delivered hereunder to either party any amendment or waiver of any provision thereof shall in addition be delivered to each as effective as delivery of the parties to the Participation Agreements at their respective addresses set forth thereina manually executed counterpart thereof.
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Notices, Etc. Except All notices, requests, demands, waivers or other communications (each, a “Notice”) under this Agreement shall be in writing and sent either (a) by registered or certified U.S. Mail, return receipt requested, (b) by nationally recognized overnight courier, or (c) by personal delivery, in each case with all postage or courier charges prepaid, and shall be sent to the intended recipient at the applicable address specified below (or, in each case, at such other subsequent address for such party as otherwise expressly is designated in written Notice given to the other party in the manner provided herein, all notices and other communications provided for hereunder shall be made in writing (including sent by telecopier) and ): If to the following addressIssuer: BorrowerDr. Tattoff, Inc. 0000 Xxxxxxxx Xxxxxxxxx, Xxxxx 000 Xxxxxxx Xxxxx, Xxxxxxxxxx 00000 Attention: Wilmington Trust Company Xxxxxx Square North Chief Executive Officer With a copy to: Xxxxx Xxxx LLP One Atlantic Center, Fourteenth Floor 0000 Xxxxx Xxxxxx Xxxxxx XxxxxxxxxxX. Xxxxxxxxx Xxxxxx, XX Xxxxxxx, Xxxxxxx 00000-0000 Attention: Corporate Trust Administration Telephone: 000-000-0000 Telecopy: 000-000-0000 Liquidity Provider: Xxxxxxxxxx Xxxxx-Xxxxxxxxxxx Xx Xxxxxxxxxxxx 0 X-00000 Xxxxxxxxx Xxxxxxx Attention: Structured Finance Telephone: +00-000-000-0000 Telecopy: +00-000-000-0000 with a copy of any Notice of Borrowing to: Landesbank Baden-Württemberg 000 Xxxx Xxxxxx, Xxxx Xxxxxxxx, 00xx Xxxxx Xxx Xxxx, Xxx Xxxx 00000 Attention: Xxxxxxx Xxxxx, Vice President Xxxxx Xxxxxx, Assistant Vice President Xxxxxxx Xxx Telephone: 000-000-0000 Telecopy: 000-000-0000 or, as to each of the foregoing, at such other address as shall be designated by such Person in a Written Notice Xxxxxxxx X. Childers If to the others. All such notices and communications shall be effective (i) if given by telecopier, when transmitted to the telecopier number specified above with receipt confirmed, and received in legible form (ii) if given by mail, five Business Days after being deposited in the mails addressed as specified above, and (iii) if given by other means, when delivered at the address specified above, except that written notices to the Primary Liquidity Provider pursuant to the provisions of Articles II and III shall not be effective until received by the Primary Liquidity Provider, subject to the last sentence of Section 2.02(f). A copy of all notices delivered hereunder to either party shall in addition be delivered to each of the parties to the Participation Agreements Holders: To them at their respective addresses set forth thereinon their signature page attached hereto or to the Joinder executed by such Holder. Agent: U.S. Bank National Association, as Collateral Agent Two Midtown Plaza, Suite 1050 0000 Xxxx Xxxxxxxxx Xxxxxx XX Xxxxxxx, Xxxxxxx 00000 Attention: Corporate Trust Administration Each Notice given in the manner prescribed above shall be deemed to have been given (i) in the case of a Notice given in the manner provided in clause (a) of this Section 8.02, on the date of receipt indicated on the return receipt therefor, (ii) in the case of a Notice given in the manner provided in clause (b) of this Section 8.02, on the next Business Day, and (iii) in the case of a Notice given in the manner provided in clause (c) of this Section 8.02, on the date of actual receipt. Any attempt by a Party to reject delivery of a Notice given in the manner provided herein shall be deemed to constitute receipt. Notwithstanding anything to the contrary contained herein, neither the Issuer nor the Collateral Agent shall be required to send to any Subsequent Holder any Notices required by this Agreement unless such Subsequent Holder shall have provided its notice address to the Collateral Agent and/or the Issuer (as applicable), in writing.
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Notices, Etc. Except as otherwise expressly provided herein, all All notices and other communications provided for hereunder shall, unless otherwise stated herein, be in writing and mailed or telecommunicated, or delivered as to each party hereto, at its address set forth below or at such other address as shall be made designated by such party in writing (including sent by telecopier) and a written notice to the following address: Borrower: other parties hereto. All such notices and communications shall not be effective until received by the party to whom such notice or communication is addressed. BXG Timeshare Trust I c/o Wilmington Trust Company Xxxxxx Square North 0000 Xxxxx Xxxxxx Xxxxxx Xxxxxxxxxx, XX 00000-0000 Xxxxxxxx 00000 Attention: Corporate Trust Administration TelephoneFacsimile: (000-) 000-0000 Telecopy Bluegreen Timeshare Finance Corporation I 0000 Xxxxxxxxxxxxx Xxxxxx, Xxxxx 000 Xxxx Xxxxx, Xxxxxxx 00000 Attention: Xxxx Xxxxxxxx, President Xxxxxxxxx: (000-) 000-0000 Liquidity Provider: Xxxxxxxxxx Xxxxx-Xxxxxxxxxxx Xx Xxxxxxxxxxxx 0 X-00000 Xxxxxxxxx Xxxxxxx Attention: Structured Finance Telephone: +00-000-000-0000 Telecopy: +00-000-000-0000 with . No failure on the part of the Depositor, the Issuer or any assignee thereof to exercise, and no delay in exercising, any right hereunder shall operate as a copy waiver thereof, nor shall any single or partial exercise of any Notice right hereunder preclude any other or further exercise thereof or the exercise of Borrowing to: Landesbank Baden-Württemberg 000 Xxxx Xxxxxx, Xxxx Xxxxxxxx, 00xx Xxxxx Xxx Xxxx, Xxx Xxxx 00000 Attention: Xxxxxxx Xxxxx, Vice President Xxxxx Xxxxxx, Assistant Vice President Xxxxxxx Xxx Telephone: 000-000-0000 Telecopy: 000-000-0000 or, as any other right. The remedies herein provided are cumulative and not exclusive of any other remedies provided by law. . This Agreement shall be binding upon and inure to each the benefit of the foregoingDepositor, at such other address as the Issuer and their respective successors and assigns. Any assignee of the Issuer shall be designated by such Person in a Written Notice an express third party beneficiary of this Agreement, entitled to directly enforce this Agreement. The Depositor may not assign any of its rights and obligations hereunder or any interest herein without the prior written consent of the Issuer and any assignee thereof. The Issuer may, and intends to, assign all of its rights hereunder to the othersIndenture Trustee on behalf of the Noteholders and the Depositor consents to any such assignment. All such notices This Agreement shall create and communications shall be effective (i) if given by telecopier, when transmitted to constitute the telecopier number specified above with receipt confirmed, and received in legible form (ii) if given by mail, five Business Days after being deposited in the mails addressed as specified above, and (iii) if given by other means, when delivered at the address specified above, except that written notices to the Primary Liquidity Provider pursuant to the provisions of Articles II and III shall not be effective until received by the Primary Liquidity Provider, subject to the last sentence of Section 2.02(f). A copy of all notices delivered hereunder to either party shall in addition be delivered to each continuing obligations of the parties hereto in accordance with its terms, and shall remain in full force and effect until its termination; provided, however, that the rights and remedies with respect to any breach of any representation and warranty made by the Participation Agreements at their respective addresses set forth thereinDepositor pursuant to Section 5 hereof and the repurchase or substitution and indemnification obligations shall be continuing and shall survive any termination of this Agreement but such rights and remedies may be enforced only by the Issuer and the Indenture Trustee.
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Notices, Etc. Except as otherwise expressly provided hereinwhere telephonic instructions or notices are authorized herein to be given, all notices notices, demands, instructions and other communications provided for hereunder required or permitted to be given to or made upon any party hereto shall be made in writing (including and shall be personally delivered or sent by telecopierovernight courier service or by registered, certified or express mail, postage prepaid, return receipt requested, or by facsimile copy, or telegram (with messenger delivery specified in the case of a telegram) and shall be deemed to be delivered for purposes of this Agreement on (a) the second Business Day following the day on which such notice was placed in the custody of the United States Postal Service, (b) the next Business Day following the day on which such notice was placed in the custody of any overnight courier service, including express mail service or (c) the same Business Day on which such notice is sent by telegram, messenger or facsimile. Unless otherwise specified in a notice sent or delivered in accordance with the foregoing provisions of this subsection, notices, demands, instructions and other communications in writing shall be given to or made upon the respective parties hereto at their respective addresses (or to their respective facsimile numbers) indicated below, and, in the case of telephonic instructions or notices, by calling the telephone number or numbers indicated for such party below: If to the following addressSeller: Borrower: Wilmington Trust Company Xxxxxx Square North 0000 Onyx Acceptance Corporation 00000 Xxxxx Xxxxxx Xxxxxx XxxxxxxxxxXxxxx, XX 00000-0000 Xxxxx 000 Xxxxxxxx Xxxxx, Xxxxxxxxxx 00000 Attention: Corporate Trust Administration TelephoneExecutive Vice President and Chief Financial Officer Tel. No.: (000-) 000-0000 TelecopyTelecopier No.: (000-) 000-0000 Liquidity ProviderIf to the Servicer: Onyx Acceptance Corporation 00000 Xxxxx Xxxxxx Xxxxx, Xxxxx 000 Xxxxxxxx Xxxxx, Xxxxxxxxxx Xxxxx-Xxxxxxxxxxx Xx Xxxxxxxxxxxx 0 X-00000 Xxxxxxxxx Xxxxxxx 00000 Attention: Structured Finance TelephoneExecutive Vice President and Chief Financial Officer Tel. No.: +00-(000-) 000-0000 TelecopyTelecopier No.: +00-(000-) 000-0000 with a copy of any Notice of Borrowing toIf to Xxxxx: Landesbank BadenOnyx Acceptance Financial Corporation 00000 Xxxxx Xxxxxx Xxxxx, Xxxxx 000 Xxxxxxxx Xxxxx, Xxxxxxxxxx 00000 Attention: Chief Financial Officer Tel. No.: (000) 000-Württemberg 0000 Telecopier No.: (000) 000-0000 If to the Program Manager: CapMAC Financial Services, Inc. 000 Xxxx Xxxxxx Xxxxxx, Xxxx Xxxxxxxx, 00xx Xxxxx Xxx Xxxx, Xxx Xxxx 00000 Attention: Xxxxxxx XxxxxInsured Portfolio Management, Vice President Xxxxx Xxxxxx, Assistant Vice President Xxxxxxx Xxx TelephoneStructured Finance Tel. No.: (000-) 000-0000 TelecopyTelecopier No.: (000-) 000-0000 or, as to each of the foregoing, at such other address as shall be designated by such Person in a Written Notice to the others. All such notices and communications shall be effective (i) if given by telecopier, when transmitted to the telecopier number specified above with receipt confirmed, and received in legible form (ii) if given by mail, five Business Days after being deposited in the mails addressed as specified above, and (iii) if given by other means, when delivered at the address specified above, except that written notices to the Primary Liquidity Provider pursuant to the provisions of Articles II and III shall not be effective until received by the Primary Liquidity Provider, subject to the last sentence of Section 2.02(f). A copy of all notices delivered hereunder to either party shall in addition be any notice delivered to each or required to be sent by the Seller or Servicer hereunder shall be sent by the Seller or the Servicer to the holder of the parties to the Participation Agreements at their respective addresses set forth thereinSubordinated Note.
Appears in 1 contract
Samples: Sale and Servicing Agreement (Onyx Acceptance Corp)
Notices, Etc. Except as otherwise expressly provided hereinwhere telephonic instructions or notices are authorized herein to be given, all notices notices, demands, instructions and other communications provided for hereunder required or permitted to be given to or made upon any party hereto shall be made in writing (including and shall be personally delivered or sent by telecopierregistered, certified or express mail, postage prepaid, return receipt requested, or by telecopier or prepaid telegram (with messenger delivery specified in the case of a telegram) and shall be deemed to be given for purposes of this Agreement on the day that such writing is delivered or sent to the following addressintended recipient thereof in accordance with the provisions of this Section. Unless otherwise specified in a notice sent or delivered in accordance with the foregoing provisions of this Section, notices, demands, instructions and other communications in writing shall be given to or made upon the respective parties hereto at their respective addresses (or to their respective telecopier numbers) indicated below, and, in the case of telephonic instructions or notices, by calling the telephone number or numbers indicated for such party below: BorrowerIf to the Company: Wilmington Trust Company Xxxxxx Square North 0000 Retailer Funding Corporation c/o Ropes & Gray One Xxxxxxxxxxxxx Xxxxx Xxxxxx Xxxxxx XxxxxxxxxxXxxxxx, XX 00000-0000 Xxxxxxxxxxxxx 00000 Attention: Corporate Trust Administration TelephoneDougxxx Xxxxxxxxx Telephone No.: 000-(617) 000-0000 TelecopyTelecopier No.: 000-000-0000 Liquidity Provider: Xxxxxxxxxx Xxxxx-Xxxxxxxxxxx Xx Xxxxxxxxxxxx 0 X-00000 Xxxxxxxxx Xxxxxxx Attention: Structured Finance Telephone: +00-000-000-0000 Telecopy: +00-000-(617) 000-0000 with a copy of any Notice of Borrowing to: Landesbank Baden-Württemberg 000 Xxxx General Electric Capital Corporation 14130 Xxxxxx Xxxx, 00xx Xxxxx Xxxxxx, Xxxxx 00000 Attention: Haroxx Xxxxx Telephone No.: (972) 000-0000 Telecopier No.: (972) 000-0000 If to the Seller: Keyboard Acceptance Corporation 422 Xxxxx Xxxxxx Xxxx Xxxxxxxx, 00xx Xxxxx Xxx Xxxx, Xxx Xxxx 00000 Attention: Xxxxxxx XxxxxPerrx Xxxxxxxx Telephone No.: (513) 000-0000 Telecopier No.: (513) 000-0000 If to the Parent: Baldxxx Xxxno & Organ Company 422 Xxxxx Xxxxxx Xxxx Xxxxxxxx, Vice President Xxxx 00000 Attention: Perrx Xxxxxxxx Telephone No.: (513) 000-0000 Telecopier No.: (513) 000-0000 If to GECC: General Electric Capital Corporation 14130 Xxxxxx Xxxx, 00xx Xxxxx Xxxxxx, Assistant Vice President Xxxxxxx Xxx TelephoneXxxxx 00000 Attention: 000-Haroxx Xxxxx Telephone No.: (972) 000-0000 TelecopyTelecopier No.: 000-(972) 000-0000 orwith copies to: General Electric Capital Corporation 101 Xxxx Xxxxx Xxxx 00 Xxxxxxx, as to each of the foregoingXxxxxxxxxxx 00000 Attention: Sean X. Xxxx Telephone No.: (203) 000-0000 Telecopier No.: (203) 000-0000 and General Electric Capital Corporation 3001 Xxxxxx Xxxxxx Xxxxxxxx, at such other address as shall be designated by such Person in a Written Notice to the others. All such notices and communications shall be effective Xxxxxxxxxxx 00000 Attention: Irenx Xxxx Telephone No.: (i203) if given by telecopier, when transmitted to the telecopier number specified above with receipt confirmed, and received in legible form 000-0000 Telecopier No.: (ii203) if given by mail, five Business Days after being deposited in the mails addressed as specified above, and (iii) if given by other means, when delivered at the address specified above, except that written notices to the Primary Liquidity Provider pursuant to the provisions of Articles II and III shall not be effective until received by the Primary Liquidity Provider, subject to the last sentence of Section 2.02(f). A copy of all notices delivered hereunder to either party shall in addition be delivered to each of the parties to the Participation Agreements at their respective addresses set forth therein.000-0000
Appears in 1 contract
Samples: Purchase and Administration Agreement (Baldwin Piano & Organ Co /De/)
Notices, Etc. Except as Unless otherwise expressly provided hereinin this Agreement, all notices notices, directions, requests, demands, acknowledgments, notifications, and other communications provided for hereunder required or permitted to be given or made under the terms hereof shall be made in writing (including and shall be delivered personally, sent by telecopier) registered or certified mail, postage prepaid, or by overnight courier with written confirmation of delivery. Any such notice shall be deemed given when so delivered personally, or if mailed, on the date shown the receipt thereof, or if sent by overnight courier, on the date shown on the written confirmation of delivery and when addressed as follows: If to the following addressGrantor: BorrowerLincoln Life & Annuity Company of New York 0000 X. Xxxxxxx St. F xxx Xxxxx, IN 46802 Attention: Wilmington Trust Xxxxx Xxxx, Second Vice President Lincoln Life & Annuity Company of New York 000 Xxxxxxx Xxxxxx Square North Xxxxx 0000 Xxxxx Xxxxxxxx, X.X. 13202 Attention: Xxxxxx Xxxxxxxx, Second Vice President and General Counsel With a concurrent copy to DIA: Delaware Investment Advisors 0000 Xxxxxx Xxxxxx XxxxxxxxxxXxxxxxxxxxxx, P A 19103 Attention: Xxxx Xxxxxxx If to the Beneficiary: ING Life Insurance and Annuity Company c/o ING North American Insurance Corporation 0000 Xxxxxx Xxxxx Xxxx Xxxxxxx, XX 00000-0000 Attention: Treasurer With a concurrent copy to: ING North American Insurance Corporation 0000 Xxxxxx Xxxxx Xxxx Xxxxxxx, XX 00000-0000 Attention: Corporate Trust Administration TelephoneGeneral Counsel And ING Life Insurance and Annuity Company 000 Xxxxxxxxxx Xxx Xxxxxxxx, XX 00000 Attention: XxxxXxxxx Xxxxxxxxx XX00 Counsel If to the Trustee: The Bank of New York 000 Xxxxxxx, 8W New York, New York 10286 Attention: Xxxxx Xxxxxxxx Facsimile: (000-) 000-0000 TelecopyIf to the Securities Intermediary: The Bank of New York 000 Xxxxxxx, 8W New York, New York 10286 Attention: Xxxxx Xxxxxxxx Facsimile: (000-) 000-0000 Liquidity Provider: Xxxxxxxxxx Xxxxx-Xxxxxxxxxxx Xx Xxxxxxxxxxxx 0 X-00000 Xxxxxxxxx Xxxxxxx Attention: Structured Finance Telephone: +00-000-000-0000 Telecopy: +00-000-000-0000 with Each Party may from time to time designate a copy different address for notices, directions, requests, demands, acknowledgments and other communications by giving written notice of any Notice of Borrowing to: Landesbank Baden-Württemberg 000 Xxxx Xxxxxx, Xxxx Xxxxxxxx, 00xx Xxxxx Xxx Xxxx, Xxx Xxxx 00000 Attention: Xxxxxxx Xxxxx, Vice President Xxxxx Xxxxxx, Assistant Vice President Xxxxxxx Xxx Telephone: 000-000-0000 Telecopy: 000-000-0000 or, as to each of the foregoing, at such other address as shall be designated by such Person in a Written Notice change to the others. All such notices and communications shall be effective (i) if given by telecopier, when transmitted to the telecopier number specified above with receipt confirmed, and received other Parties as provided in legible form (ii) if given by mail, five Business Days after being deposited in the mails addressed as specified above, and (iii) if given by other means, when delivered at the address specified above, except that written notices to the Primary Liquidity Provider pursuant to the provisions of Articles II and III shall not be effective until received by the Primary Liquidity Provider, subject to the last sentence of Section 2.02(f). A copy of all notices delivered hereunder to either party shall in addition be delivered to each of the parties to the Participation Agreements at their respective addresses set forth thereinthis section.
Appears in 1 contract
Samples: Grantor Trust Agreement (Ing Life Insurance & Annuity Co)
Notices, Etc. Except as otherwise expressly provided herein, all All notices and other communications provided for hereunder required or ------------- permitted to be given by any provision of this Agreement shall be made in writing and mailed (including certified or registered mail, postage prepaid, return receipt requested) or sent by telecopier) hand or overnight courier, or by facsimile transmission (with acknowledgment received), charges prepaid and addressed to the following addressintended recipient as follows, or to such other address or number as may be specified from time to time by like notice to the parties:
(A) If to the Company:
(B) If to the KPCB Purchasers: Borrower: Wilmington Trust Company Xxxxxx Square North Xxxxxxx Xxxxxxx Xxxxxxxx & Xxxxx 0000 Xxxx Xxxx Xxxx Xxxxx Xxxxxx Xxxxxx XxxxxxxxxxXxxx, XX 0000000000 Telecopy: (000) 000-0000 Attention: Corporate Trust Administration TelephoneL. Xxxx Xxxxx (C) If to TCI Sub: TCI Internet Holdings, Inc. 0000 XXX Xxxxxxx Xxxxxxxxx, XX 00000 Telecopy: (000-) 000-0000 Telecopy: 000-000-0000 Liquidity Provider: Xxxxxxxxxx Xxxxx-Xxxxxxxxxxx Xx Xxxxxxxxxxxx 0 X-00000 Xxxxxxxxx Xxxxxxx Attention: Structured Finance Telephone: +00-000-000-0000 Telecopy: +00-000-000-0000 Xxxxx X. Xxxxxxx with a copy of any Notice of Borrowing copies to: Landesbank Baden-Württemberg Xxxxx & Xxxxx, L.L.P. 000 Xxxx Xxxxxx, Xxxx Xxxxxxxx, 00xx Xxxxx Xxxxxxxxx Xxxxxx Xxx Xxxx, Xxx Xxxx 00000 Attention: Xxxxxxx Xxxxx, Vice President Xxxxx Xxxxxx, Assistant Vice President Xxxxxxx Xxx Telephone: 000-00000000-0000 Telecopy: (000-) 000-0000 orAttention: Xxxxxxxxx X. XxXxxxx, as Esq. Any party may from time to each time specify a different address for notices by like notice to the other parties. All notices and other communications given in accordance with the provisions of the foregoing, at such other address as this Agreement shall be designated by such Person in a Written Notice deemed to the others. All such notices have been given and communications shall be effective received (i) if given four (4) business days after the same are sent by telecopiercertified or registered mail, when transmitted to the telecopier number specified above with postage prepaid, return receipt confirmedrequested, and received in legible form (ii) if given when delivered by mailhand or transmitted by facsimile (with acknowledgment received and, five Business Days after being deposited in the mails addressed as specified abovecase of a facsimile only, and a copy of such notice is sent no later than the next business day by a reliable overnight courier service, with acknowledgment or receipt) or (iii) if given one (1) business day after the same are sent by other meansa reliable overnight courier service, when delivered at with acknowledgment of receipt. The names and addresses for notices set forth above shall be deemed to amend the address specified above, except that written notices to the Primary Liquidity Provider pursuant to the corresponding provisions of Articles II and III shall not be effective until received by the Primary Liquidity Provider, subject to the last sentence of Section 2.02(f). A copy of all notices delivered hereunder to either party shall in addition be delivered to each of the parties to the Participation Agreements at their respective addresses set forth thereinPrior Agreement.
Appears in 1 contract
Notices, Etc. (a) Except as otherwise expressly specifically provided herein, all notices and other communications provided for hereunder shall be made in writing (including sent by telecopiertelecopy or telex) and mailed, telecopied, telexed, hand delivered or delivered by a nationally recognized overnight courier, (a) if to the following address: Borrower: Wilmington Trust Company Xxxxxx Square North , at its address at 0000 Xxxxx Xxxxxx Xxxxxx XxxxxxxxxxXxxxxxxxx Xxxxxx, XX 00xx Xxxxx, Xxxxxxxx, Xxxxxxxx 00000-0000 , Attention: Corporate Trust Administration Telephone: 000-000-0000 Telecopy: 000-000-0000 Liquidity Provider: Xxxxxxxxxx Xxxxx-Xxxxxxxxxxx Xx Xxxxxxxxxxxx 0 X-00000 Xxxxxxxxx Xxxxxxx Attention: Structured Finance Telephone: +00-000-000-0000 Telecopy: +00-000-000-0000 Xx. Xxxxx X. Riggins, with a copy of any Notice of Borrowing to: Landesbank Baden-Württemberg to Xxxxxxx Xxxxxxx at XxXxxxx Diamond & Ash, 000 Xxxx Xxxxx Xxxxxx, Xxxx Xxxxxxxx, 00xx Xxxxx Xxx Xxxx, Xxx Xxxx 00000 (telephone: (000) 000-0000; telecopy (000) 000-0000) and a copy to Xxxxxx X. Xxxxx at Xxxxx & Xxxxxxx, LLP, Suite 4322, 000 Xxxx Xxxxxxxx Xxxxx, Chicago, Illinois 60601 (telephone: (000) 000-0000; telecopy (000) 000-0000); (b) if to any Bank at its Domestic Lending Office; (c) if to the Administrative Agent, at its address at Citibank, N.A., 0000 Xxxxx Xxxx OPS III, Xxx Xxxxxx, Xxxxxxxx 00000, Attention: Xxxxxxx XxxxxBank Loan Syndications Department, Vice President Xxxxx Xxxxxx, Assistant Vice President Xxxxxxx Xxx Telephone(telecopy: (000) 000-0000; telephone: (000) 000-0000 Telecopy: 000-000-0000 or, 0000); or (d) as to each of the foregoingparty, at such other address or telecopier number as shall be designated by such Person party in a Written Notice written notice to the othersother parties. All such notices and communications shall be effective (i) if given when mailed, telecopied, telexed or hand delivered or delivered by telecopierovernight courier, be effective three days after deposited in the mails, when transmitted to the telecopier number specified above with receipt confirmedtelecopy transmission is completed, and received in legible form when confirmed by telex answer-back or when delivered, (ii) when delivered by posting to an Approved Electronic Platform, an Internet website or a similar telecommunication device requiring that a user have prior access to such Approved Electronic Platform, website or other device (to the extent permitted by Section 11.02(b) to be delivered thereunder), when such notice, demand, request, consent and other communication shall have been made generally available on such Approved Electronic Platform, Internet website or similar device to the class of Person being notified (regardless of whether any such Person must accomplish, and whether or not any such Person shall have accomplished, any action prior to obtaining access to such items, including registration, disclosure of contact information, compliance with a standard user agreement or undertaking a duty of confidentiality) and such Person has been notified in respect of such posting that a communication has been posted to the Approved Electronic Platform, provided that if given requested by mailany Bank, five Business Days after being deposited in the mails addressed as specified above, Administrative Agent shall deliver a copy of the Communications to such Bank by e-mail or telecopier and (iii) if given by other means, when delivered at by electronic mail or any other telecommunications device, upon receipt by the address specified abovesender of a response from any one recipient, except or from an employee or representative of the Person receiving notice on behalf of such Person, acknowledging receipt (which response may not be an automatic computer-generated response) and an identical notice is also sent simultaneously by mail, overnight courier or personal deliver as otherwise provided in this Section 11.02; provided, however, that written notices and communications to the Primary Liquidity Provider Administrative Agent pursuant to the provisions of Articles Article II and III or Article X shall not be effective until received by the Primary Liquidity ProviderAdministrative Agent; provided further that any notice or communication which is delivered after the close of regular business hours of the recipient shall be deemed received on the next Business Day. Delivery by telecopier of an executed counterpart of a signature page to any amendment or waiver of any provision of this Agreement or the Notes or of any Exhibit hereto to be executed and delivered hereunder shall be effective as delivery of an original executed counterpart thereof. Each Bank agrees (i) to notify the Administrative Agent in writing of such Bank’s e-mail address to which a notice may be sent by electronic transmission (including by electronic communication) on or before the date such Bank becomes a party to this Agreement (and from time to time thereafter to ensure that the Administrative Agent has on record an effective e-mail address for such Bank) and (ii) that any notice may be sent to such e-mail address.
(b) Notwithstanding clause (a) (unless the Administrative Agent requests that the provisions of clause (a) be followed) and any other provision in this Agreement or any other Credit Document providing for the delivery of any Approved Electronic Communication by any other means, subject the Borrower and the Guarantors shall deliver all Approved Electronic Communications to the last sentence Administrative Agent by properly transmitting such Approved Electronic Communications in an electronic/soft medium in a format acceptable to the Administrative Agent to xxxxxx.xxxxx.xxxxxxx@xxxxxxxxx.xxx or such other electronic mail address (or similar means of Section 2.02(felectronic delivery) as the Administrative Agent may notify to the Borrower. Nothing in this clause (b) shall prejudice the right of the Administrative Agent or any Bank to deliver any Approved Electronic Communication to the Borrower or any Guarantor in any manner authorized in this Agreement or to request that the Borrower effect delivery in such manner.
(c) Each of the Banks and the Borrower and each Guarantor agrees that the Administrative Agent may, but shall not be obligated to, make the Approved Electronic Communications available to the Banks by posting such Approved Electronic Communications on IntraLinks™ or a substantially similar electronic platform chosen by the Administrative Agent to be its electronic transmission system (the “Approved Electronic Platform”). A copy Although the Approved Electronic Platform and its primary web portal are secured with generally-applicable security procedures and policies implemented or modified by the Administrative Agent from time to time (including, as of all notices delivered hereunder to either party shall in addition be delivered to the Closing Date, a dual firewall and a User ID/Password Authorization System) and the Approved Electronic Platform is secured through a single-user-per-deal authorization method whereby each user may access the Approved Electronic Platform only on a deal-by-deal basis, each of the parties to Banks and the Participation Agreements at their respective addresses set forth thereinBorrower and each Guarantor acknowledges and agrees 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. In consideration for the convenience and other benefits afforded by such distribution and for the other consideration provided hereunder, the receipt and sufficiency of which is hereby acknowledged, each of the Banks and the Borrower and each Guarantor hereby approves distribution of the Approved Electronic Communications through the Approved Electronic Platform and understands and assumes the risks of such distribution.
(d) THE APPROVED ELECTRONIC PLATFORM AND THE APPROVED ELECTRONIC COMMUNICATIONS ARE PROVIDED “AS IS” AND “AS AVAILABLE”. NONE OF THE ADMINISTRATIVE AGENT NOR ANY OF ITS DIRECTORS, OFFICERS, AGENTS OR EMPLOYEES WARRANT THE ACCURACY, ADEQUACY OR COMPLETENESS OF THE APPROVED ELECTRONIC COMMUNICATIONS OR THE APPROVED ELECTRONIC PLATFORM AND EACH EXPRESSLY DISCLAIMS ANY LIABILITY FOR ERRORS OR OMISSIONS IN THE APPROVED ELECTRONIC COMMUNICATIONS OR THE APPROVED ELECTRONIC 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 ADMINISTRATIVE AGENT OR ANY OF ITS DIRECTORS, OFFICERS, AGENTS OR EMPLOYEES IN CONNECTION WITH THE APPROVED ELECTRONIC COMMUNICATIONS OR THE APPROVED ELECTRONIC PLATFORM.
(e) Each of the Banks and the Borrower and each Guarantor agrees that the Administrative Agent may, but (except as may be required by applicable law) shall not be obligated to, store the Approved Electronic Communications on the Approved Electronic Platform in accordance with the Administrative Agent’s generally-applicable document retention procedures and policies.
Appears in 1 contract
Samples: Senior Unsecured Term Loan Agreement (LaSalle Hotel Properties)
Notices, Etc. Except as otherwise expressly provided herein, all notices and other communications provided for hereunder shall be made in writing (including telecopier and mailed or delivered or sent by telecopier) and to the following address: ): Borrower: Wilmington Trust Company Xxxxxx Square North 0000 STATE STREET BANK AND TRUST COMPANY 2 Avenue de Lafayette Boston, Massxxxxxxxxx 00000 Xxxxxxxxx: Xxxxxxxxx Xxxxx Xxxxxx Xxxxxx Xxxxxxxxxx, XX 00000-0000 Attention: Corporate Trust Administration Telephone: 000-000-0000 Xxxxxistration Telecopy: 000(617) 988-000-0000 9514 Primary Liquidity Provider: Xxxxxxxxxx Xxxxx-Xxxxxxxxxxx Xx Xxxxxxxxxxxx 0 X-00000 Xxxxxxxxx Xxxxxxx AttentionWESTDEUTSCHE LANDEXXXXX XXXXXXXXRALE 1211 Avenue of the Americas New Yoxx, Xxx Xxxx 00000 Xxxxxxxxx: Structured Finance Xxxx Xxxxxxxxxxxxxx - Suzy Kong Telephone: +00(212) 597-000-000-0000 1319 Telecopy: +00-000-000(212) 300-0000 with a copy of any Notice of Borrowing Xxxxxx xx Xxxrowing to: Landesbank Baden-Württemberg 000 Xxxx Xxxxxx, Xxxx Xxxxxxxx, 00xx Xxxxx Xxx XxxxWESTDEUTSCHE LANDESBANK GIROZENTRALE 1211 Avenue of the Americas New Yoxx, Xxx Xxxx 00000 AttentionXxxxxxxxx: Xxxxxxx Xxxxx, Vice President Xxxxx Xxxxxx, Assistant Vice President Xxxxxxx Xxx Xxxxxxxxxxxxxx Xxxxxxe - Brigitte Thieme Telephone: 000-(212) 000-0000 Telecopy: 000-000(212) 590-0000 orox, as to each xx xx xxxx of the foregoing, at such other address as shall be designated by such Person in a Written Notice written notice to the others. All such notices and communications shall be effective (i) if given by telecopier, when transmitted to the telecopier number specified above with receipt confirmedabove, and received in legible form (ii) if given by mail, five Business Days after being when deposited in the mails addressed as specified above, and (iii) if given by other means, when delivered at the address specified above, except that written notices to the Primary Liquidity Provider pursuant to the provisions of Articles II and III hereof shall not be effective until received by the Primary Liquidity Provider, subject to the last sentence of Section 2.02(f). A copy of all notices delivered hereunder to either party shall in addition be delivered to each of the parties to the Participation Agreements at their respective addresses set forth therein.
Appears in 1 contract
Samples: Revolving Credit Agreement (Northwest Airlines Inc /Mn)
Notices, Etc. (a) On and after the Assumption Date, Credit Acceptance and the Trust Collateral Agent hereby agree to provide to the Backup Servicer all notices required to be provided to the Servicer pursuant to the Sale and Servicing Agreement and the other Basic Documents, as well as a hard copy sent by a nationally recognized courier service with item tracking capability.
(b) Except as otherwise expressly provided hereinwhere telephonic instructions or notices are authorized herein to be given, all notices notices, demands, instructions and other communications provided for hereunder required or permitted to be given to or made upon any party hereto shall be made in writing and shall be sent electronically or by facsimile transmission with a confirmation of the receipt thereof and shall be deemed to be given for purposes of this Agreement on the day that the receipt of such facsimile transmission is confirmed in accordance with the provisions of this Section 5.1. Unless otherwise specified in a notice sent or delivered in accordance with the foregoing provisions of this Section, notices, demands, instructions (including sent by telecopierpayment instructions) and other communications in writing shall be given to or made upon the respective parties hereto at their respective addresses and accounts indicated below, and, in the case of telephonic instructions or notices, by calling the telephone number or numbers indicated for such party below: If to the following addressIssuer: BorrowerCredit Acceptance Auto Loan Trust 2017-1 c/o U.S. Bank Trust National Association 000 Xxxxxxxx Xxxxxx, 0xx Xxxxx Wilmington, DE 19801 Attention: Wilmington Trust Company Xxxxxx Square North Xxxxx Telephone: (000) 000-0000 Telecopy: (000) 000-0000 If to the Servicer: Credit Acceptance Corporation Silver Triangle Building 00000 Xxxx Xxxxxx Xxxx Xxxx, Xxxxx Xxxxxx Xxxxxx 0000 Xxxxxxxxxx, XX Xxxxxxxx 00000-0000 Attention: Xxxx Xxxx Telephone: (000) 000-0000 (ext. 4432) Telecopy: (000) 000-0000 If to the Trust Collateral Agent: Xxxxx Fargo Bank, National Association MAC N9300-061 000 X. 0xx Xxxxxx Minneapolis, Minnesota 55479 Attention: Corporate Trust Services – Asset-Backed Administration Telephone: (000-) 000-0000 Telecopy: (000-) 000-0000 Liquidity ProviderIf to the Backup Servicer: Xxxxxxxxxx XxxxxXxxxx Fargo Bank, National Association MAC N9300-Xxxxxxxxxxx Xx Xxxxxxxxxxxx 0 X-00000 Xxxxxxxxx Xxxxxxx 061 000 X. 0xx Xxxxxx Minneapolis, Minnesota 55479 Attention: Structured Finance Corporate Trust Services – Asset-Backed Administration Telephone: +00-(000-) 000-0000 Telecopy: +00-(000) 000-000-0000 with a copy of any Notice of Borrowing to: Landesbank Baden-Württemberg 000 Xxxx Xxxxxx, Xxxx Xxxxxxxx, 00xx Xxxxx Xxx Xxxx, Xxx Xxxx 00000 Attention: Xxxxxxx Xxxxx, Vice President Xxxxx Xxxxxx, Assistant Vice President Xxxxxxx Xxx Telephone: 000-000-0000 Telecopy: 000-000-0000 or, as to each of the foregoing, at such other address as shall be designated by such Person in a Written Notice to the others. All such notices and communications shall be effective (i) if given by telecopier, when transmitted to the telecopier number specified above with receipt confirmed, and received in legible form (ii) if given by mail, five Business Days after being deposited in the mails addressed as specified above, and (iii) if given by other means, when delivered at the address specified above, except that written notices to the Primary Liquidity Provider pursuant to the provisions of Articles II and III shall not be effective until received by the Primary Liquidity Provider, subject to the last sentence of Section 2.02(f). A copy of all notices delivered hereunder to either party shall in addition be delivered to each of the parties to the Participation Agreements at their respective addresses set forth therein.0000
Appears in 1 contract
Samples: Backup Servicing Agreement (Credit Acceptance Corp)
Notices, Etc. Except as otherwise expressly provided herein, all All notices and other communications provided for hereunder shall shall, unless otherwise stated herein, be made in writing (including sent telex communication and communication by telecopierfacsimile copy) and mailed, telexed, transmitted or delivered, as to each party hereto, at its address set forth under its name below or at such other address as shall be designated by such party in a written notice to the following addressother parties hereto. All such notices and communications shall be effective, upon receipt, or in the case of delivery by mail, five days after being deposited in the mails, or, in the case of notice by telex, when telexed against receipt of answer back, or in the case of notice by facsimile copy, when verbal communication of receipt is obtained, in each case addressed as aforesaid, except that notices and communications pursuant to Article II shall not be effective until received. IF TO THE SELLER: Borrower: Wilmington Trust Company ARCADIA RECEIVABLES FINANCE CORP. V 0000 Xxxxxxxxxx Xxxxxx Square North 0000 Xxxxx Xxxxxx Xxxxxx XxxxxxxxxxXxxxx 000 Xxxxxxxxxxx, XX Xxxxxxxxx 00000-0000 Attention: Corporate Trust Administration Treasurer Telephone: (000-) 000-0000 Telecopy: (000-) 000-0000 Liquidity ProviderIF TO THE SERVICER: ARCADIA FINANCIAL LTD. 0000 Xxxxxxxxxx XxxxxXxxxxx Xxxxx Xxxxx 000 Xxxxxxxxxxx, Xxxxxxxxx 00000-Xxxxxxxxxxx Xx Xxxxxxxxxxxx 0 X-00000 Xxxxxxxxx Xxxxxxx 0000 Attention: Structured Finance Treasurer Telephone: +00-(000-) 000-0000 Telecopy: +00-(000-) 000-0000 IF TO PARCO: PARK AVENUE RECEIVABLES CORPORATION c/o Global Securitization Services, LLC 00 Xxxx 00xx Xxxxxx, Xxxxx 000 Xxx Xxxx, Xxx Xxxx 00000 Attention: President Telephone: (000) 000-0000 Telecopy: (000) 000-0000 (with a copy of any Notice of Borrowing toto the Funding Agent) IF TO THE FUNDING AGENT: Landesbank Baden-Württemberg THE CHASE MANHATTAN BANK 000 Xxxx Xxxxxx, Xxxx Xxxxxxxx, 00xx Xxxxxx 00xx Xxxxx Xxx Xxxx, Xxx Xxxx 00000 Attention: Xxxxxxx Xxxxx, Vice President Xxxxx Xxxxxx, Assistant Vice President Xxxxxxx Xxx Xxxxxx Xxxxxx Structured Finance Services Telephone: (000-) 000-0000 Telecopy: (000) 000-000-0000 or, as to each of the foregoing, at such other address as shall be designated by such Person in a Written Notice to the others. All such notices and communications shall be effective (i) if given by telecopier, when transmitted to the telecopier number specified above with receipt confirmed, and received in legible form (ii) if given by mail, five Business Days after being deposited in the mails addressed as specified above, and (iii) if given by other means, when delivered at the address specified above, except that written notices to the Primary Liquidity Provider pursuant to the provisions of Articles II and III shall not be effective until received by the Primary Liquidity Provider, subject to the last sentence of Section 2.02(f). A copy of all notices delivered hereunder to either party shall in addition be delivered to each of the parties to the Participation Agreements at their respective addresses set forth therein.0000
Appears in 1 contract
Samples: Receivables Transfer Agreement (Arcadia Financial LTD)
Notices, Etc. Except as otherwise expressly provided herein, all notices and other communications provided for hereunder shall be made in writing (including telecopier and mailed or delivered or sent by telecopier) and to the following address: ): Borrower: Wilmington Trust Company WILMINGTON TRUST COMPANY Xxxxxx Square North 0000 Xxxxx Xxxxxx Xxxxxx Xxxxxxxxxx, XX 00000-0000 Attention: Corporate Trust Administration Telephone: (000-) 000-0000 Telecopy: (000-) 000-0000 Liquidity Provider: Xxxxxxxxxx Xxxxx-Xxxxxxxxxxx Xx Xxxxxxxxxxxx 0 BAYERISCHE LANDESBANK GIROZENTRALE Xxxxxxxx Xxxxxxx 00 X-00000 Xxxxxxxxx Xxxxxx, Xxxxxxx AttentionAttn: Structured Aircraft Finance Xxxxxxxxxx, 0000 Telephone: +0000-00000-0000000-0000 Telecopy: +0000-00000-0000000-0000 with a copy of any Notice of Borrowing toWITH A COPY OF ANY NOTICE OF BORROWING TO BE DELIVERED TO: Landesbank Baden-Württemberg BAYERISCHE LANDESBANK GIROZENTRALE 000 Xxxx Xxxxxx, Xxxx Xxxxxxxx, 00xx Xxxxx Xxxxxxxxx Xxxxxx Xxx Xxxx, Xxx Xxxx XX 00000 AttentionAttn: Xxxxxxxx Xxxxxxx Xxxxx, Vice President Xxxxx Xxxxxx, Assistant Vice President Xxxxxxx Xxx Telephone: 000-000-0000 Telecopy: 000-000-0000 or, as to each of the foregoing, at such other address as shall be designated by such Person in a Written Notice written notice to the others. All such notices and communications shall be effective (i) if given by telecopier, when transmitted to the telecopier number specified above with receipt confirmedabove, and received in legible form (ii) if given by mail, five Business Days after being when deposited in the mails addressed as specified above, and (iii) if given by other means, when delivered at the address specified above, except that written notices to the Primary Liquidity Provider pursuant to the provisions of Articles II and Article III hereof shall not be effective until received by the Primary Liquidity Provider, subject to the last sentence of Section 2.02(f). A copy of all notices delivered hereunder to either party shall in addition be delivered to each of the parties to the Participation Agreements at their respective addresses set forth therein.
Appears in 1 contract
Samples: Revolving Credit Agreement (Continental Airlines Inc /De/)
Notices, Etc. Except as otherwise expressly provided hereinAll notices, all notices offers, acceptances, approvals, waivers, requests, demands and other communications provided for hereunder or under any instrument, certificate or other instrument delivered in connection with the transactions described herein shall be made in writing, shall be addressed as provided below and shall be considered as properly given (a) if delivered in person, (b) if sent by reputable overnight delivery service, (c) in the event overnight delivery services are not readily available, if mailed by first class United States mail, postage prepaid, registered or certified with return receipt requested, or (d) if sent by telecopier and confirmed in writing by any other manner described above. Notice so mailed shall be effective upon the earlier of actual receipt or the expiration of five (including sent 5) days after its deposit. Notice given in any other manner shall be effective upon receipt by telecopier) the addressee; provided, however, that if any notice is tendered to an addressee and the delivery thereof is refused by such addressee, such notice shall be effective upon such tender. For the purposes of notice, the address of the parties shall be as set forth below; provided, that either party shall have the right to change its address for notice hereunder to any other location by the giving of prior notice to the following addressother party in the manner set forth hereinabove. The initial addresses of the parties hereto are as follows: BorrowerIf to Purchaser: Wilmington Trust Company Xxxxxx Square North 0000 PLM CXX XX LLC c/o Equis Financial Group 200 Xxxxx Xxxxxx Xxxxxx XxxxxxxxxxXxxx Xx. Xxxxxxxx, XX 00000-0000 00000 Attention: Corporate Trust Administration Jxxxx X. Xxxxx Telephone: (000-) 000-0000 TelecopyTelecopier: (000-000-0000 Liquidity Provider: Xxxxxxxxxx Xxxxx-Xxxxxxxxxxx Xx Xxxxxxxxxxxx 0 X-00000 Xxxxxxxxx Xxxxxxx Attention: Structured Finance Telephone: +00-000-000-0000 Telecopy: +00-000-) 000-0000 with a copy of any Notice of Borrowing to: Landesbank Baden-Württemberg Kxxxx Xxxxxxx, Esq. Fxxxxxxx, Xxxx & Jxxxxxx 700 Xxxxxxx Xxxxxx Xxxxx, Xxxxx 000 Xxxx XxxxxxXxxxxxx, Xxxx XxxxxxxxXX 00000 Telephone: (000) 000-0000 Telecopier: (000) 000-0000 If to Seller: Ballston Aero Trust Services, L.C. c/o C.I.T. Leasing Corporation 1211 Avenue of the Axxxxxxx, 00xx Xxxxx Xxx Xxxx, Xxx Xxxx XX 00000 Attention: Xxxxxxx Xxxxx, Vice President Xxxxx Xxxxxx, Assistant Vice President Xxxxxxx Xxx General Counsel Telephone: (000-) 000-0000 TelecopyTelecopier: (000-) 000-0000 orwith a copy to: Vedder, as to each of the foregoingPrice, at such other address as shall be designated by such Person in a Written Notice to the othersKxxxxxx & Kammholz, P.C. 200 Xxxxx XxXxxxx Xxxxxx Xxxxx 0000 Xxxxxxx, XX 00000 Attention: Lxxxx X. Xxxxxxxxx, Esq. All such notices and communications shall be effective Telephone: (i000) if given by telecopier, when transmitted to the telecopier number specified above with receipt confirmed, and received in legible form 000-0000 Telecopier: (ii000) if given by mail, five Business Days after being deposited in the mails addressed as specified above, and (iii) if given by other means, when delivered at the address specified above, except that written notices to the Primary Liquidity Provider pursuant to the provisions of Articles II and III shall not be effective until received by the Primary Liquidity Provider, subject to the last sentence of Section 2.02(f). A copy of all notices delivered hereunder to either party shall in addition be delivered to each of the parties to the Participation Agreements at their respective addresses set forth therein.000-0000
Appears in 1 contract
Notices, Etc. Except as otherwise expressly provided hereinAll notices, all notices requests and other communications provided for hereunder to a Party shall be made in writing (including sent by telecopieremail transmission, so long as a receipt of such email is requested and received) and shall be given, If to the following addressLender, to: Borrower: Wilmington Trust Company Xxxxxx Square North 0000 KOITO MANUFACTURING CO., LTD. 0-0-0 Xxxxxxxx Xxxxxx-xx, Xxxxx Xxxxxx Xxxxxx Xxxxxxxxxx, XX 00000-0000 Attention: Corporate Trust Administration Telephone: 000-000-0000 TelecopyXxxxx Attn: 000Xxxxxxx Xxxxxxxxx Email: [ ] with copies (which will not constitute notice) to: Xxxxxxxxx & Asahi Otemon Tower 0-0-0 Xxxxxxxx Xxxxxxx-xx, Xxxxx 000-0000 Liquidity ProviderXxxxx Attn: Xxxxxxxxxx XxxxxXxxxxxx Xxxxxxxx Email: [ ] Xxxxx Xxxx & Xxxxxxxx LLP Izumi Garden Tower 33F 0-Xxxxxxxxxxx Xx Xxxxxxxxxxxx 0-0 X-00000 Xxxxxxxxx Xxxxxxx Attention: Structured Finance Telephone: +00Xxxxxxxx Xxxxxx-000-xx, Xxxxx 000-0000 TelecopyXxxxx Attn: +00-000-000-0000 Xxx Xxxxxx Email: [ ] If to Borrower, to: Cepton, Inc. 000 Xxxx Xxxxxxx Xxxx San Jose, CA 95131 United States of America Attn: Xxxx Xx, Chief Financial Officer Email: [ ] with a copy of any Notice of Borrowing (which will not constitute notice) to: Landesbank Baden-Württemberg 000 Xxxx XxxxxxO’Melveny & Xxxxx LLP Two Embarcadero Center, Xxxx Xxxxxxxx27th Floor San Francisco, 00xx Xxxxx Xxx Xxxx, Xxx Xxxx 00000 AttentionCA 94111 United States of America Attn: Xxxxxxx Xxxxx, Vice President Xxxxx Xxxxxx, Assistant Vice President Xxxxxxx Xxx TelephoneXxxxxxxx Xxxxxx Email: 000-000-0000 Telecopy: 000-000-0000 or, as [ ] or to each of the foregoing, at such other address or email address as shall be designated such party may hereafter specify for the purpose by such Person in a Written Notice notice to the othersother party. All such notices notices, requests and other communications shall be effective deemed received on the date of receipt by the recipient thereof if received prior to 5:00 p.m. on a Business Day in the place of receipt. Otherwise, any such notice, request or communication shall be deemed to have been received on the next succeeding Business Day in the place of receipt.
(ia) if The Lender shall be entitled to rely and act in good faith upon any notices purportedly given by telecopieror on behalf of the Borrower even if such notices were not made in a manner specified herein, when transmitted to were incomplete or were not preceded or followed by any other form of notice specified herein, or the telecopier number specified above with receipt confirmedterms thereof, and received in legible form (ii) if given by mail, five Business Days after being deposited in the mails addressed as specified above, and (iii) if given by other means, when delivered at the address specified above, except that written notices to the Primary Liquidity Provider pursuant to the provisions of Articles II and III shall not be effective until received understood by the Primary Liquidity Providerrecipient, subject to the last sentence of Section 2.02(f). A copy of all notices delivered hereunder to either party shall in addition be delivered to each of the parties to the Participation Agreements at their respective addresses set forth thereinvaried from any confirmation thereof.
Appears in 1 contract
Notices, Etc. Except as otherwise expressly provided herein, all All notices and other communications provided for hereunder shall be made in writing and shall be mailed (including by certified mail, postage prepaid and return receipt requested), sent by telecopier) and Federal Express or other recognized courier service (return receipt requested), telecopied or delivered by hand, if to any Pledgor, to it at the address specified for the Company in the Securities Purchase Agreement or if to the following addressCollateral Agent, to it at the address specified in the Securities Purchase Agreement or, if not a party to the Securities Purchase Agreement as follows: BorrowerIf to the Company: Wilmington Trust Company Federal Sports & Entertainment, Inc. 00000 Xxxxxx Square North 0000 Xxxxxx, #000 Xxxxx, Xxxxxxxxxx Attention: Chief Executive Officer With a copy to: Gottbetter & Partners, LLP 000 Xxxxxxx Xxxxxx, 00xx Xxxxx Xxxxxx Xxxxxx Xxx Xxxx, XX 00000 Attention: Xxxx X. Xxxxxxxxxx, Esq. Telephone: 000.000.0000 Facsimile: 212.400.6901 If to Pledgors, to: Xxxxx Xxxxx Diamond Sports & Entertainment, Inc. 0000 Xxxxxx Xxx, Ste. 109 Dublin, CA 94568 If to the Collateral Agent, to: Gottbetter Capital Finance, LLP 000 Xxxxxxx Xxxxxx, 00xx Xxxxx Xxx Xxxx, XX 00000-0000 00000 Attention: Corporate Trust Administration Xxxx X. Xxxxxxxxxx, Esq. Telephone: 000-000-0000 TelecopyFacsimile: 000-000-0000 Liquidity Provider: Xxxxxxxxxx Xxxxx-Xxxxxxxxxxx Xx Xxxxxxxxxxxx 0 X-00000 Xxxxxxxxx Xxxxxxx Attention: Structured Finance Telephone: +00-000-000-0000 Telecopy: +00-000-000-0000 with a copy of any Notice of Borrowing to: Landesbank Baden-Württemberg 000 Xxxx Xxxxxx, Xxxx Xxxxxxxx, 00xx Xxxxx Xxx Xxxx, Xxx Xxxx 00000 Attention: Xxxxxxx Xxxxx, Vice President Xxxxx Xxxxxx, Assistant Vice President Xxxxxxx Xxx Telephone: 000-000-0000 Telecopy: 000-000-0000 or, or as to each of the foregoing, either such Person at such other address as shall be designated by such Person in a Written Notice written notice to such other Person complying as to delivery with the othersterms of this Section 11. All such notices and other communications shall be effective (i) if given sent by telecopiercertified mail, postage prepaid, return receipt requested, when transmitted to the telecopier number specified above with receipt confirmedreceived or three (3) Business Days after mailing, and received in legible form whichever first occurs, (ii) if given by mailtelecopied, five when transmitted and confirmation is received, provided same is on a Business Days after being deposited in Day and, if not, on the mails addressed as specified above, and next Business Day or (iii) if given delivered by hand or sent by Federal Express or other meansrecognized courier service (return receipt requested), when delivered at upon delivery, provided same is on a Business Day and, if not, on the address specified above, except that written notices to the Primary Liquidity Provider pursuant to the provisions of Articles II and III shall not be effective until received by the Primary Liquidity Provider, subject to the last sentence of Section 2.02(f). A copy of all notices delivered hereunder to either party shall in addition be delivered to each of the parties to the Participation Agreements at their respective addresses set forth thereinnext Business Day.
Appears in 1 contract
Samples: Pledge Agreement (Federal Sports & Entertainment, Inc.)
Notices, Etc. Except as otherwise expressly provided hereinAll notices, all notices requests and other communications provided for to any party hereunder shall be made in writing (including sent by telecopiertelecopy or similar writing) and shall be given to such party at the following address: Borrower: Wilmington Trust Company Xxxxxx Square North 0000 Xxxxx Xxxxxx Xxxxxx Xxxxxxxxxx, XX 00000-0000 Attention: Corporate Trust Administration Telephone: 000-000-0000 Telecopy: 000-000-0000 Liquidity Provider: Xxxxxxxxxx Xxxxx-Xxxxxxxxxxx Xx Xxxxxxxxxxxx 0 X-00000 Xxxxxxxxx Xxxxxxx Attention: Structured Finance Telephone: +00-000-000-0000 Telecopy: +00-000-000-0000 with a copy of any Notice of Borrowing to: Landesbank Baden-Württemberg 000 Xxxx Xxxxxx, Xxxx Xxxxxxxx, 00xx Xxxxx Xxx Xxxx, Xxx Xxxx 00000 Attention: Xxxxxxx Xxxxx, Vice President Xxxxx Xxxxxx, Assistant Vice President Xxxxxxx Xxx Telephone: 000-000-0000 Telecopy: 000-000-0000 or, as to each of the foregoing, address or telecopy number indicated for such party below or at such other address or telecopy number as shall be designated such party may hereafter specify by such Person in a Written Notice notice to the othersother parties. All Each such notices and communications notice, request or other communication shall be effective (i) if given by telecopiermail, when transmitted 72 hours (but 120 hours in the case of a communication to Cultor) after such communication is deposited in the telecopier number specified above mails with receipt confirmedfirst-class postage prepaid, and received in legible form addressed as aforesaid, (ii) if given by mailtelecopy, five Business Days after being deposited when such telecopy is transmitted to the telecopy number specified in this paragraph and the mails addressed as specified aboveparty to which such telecopy is transmitted orally confirms receipt, and or (iii) if given by any other means, when delivered at the address specified above, except that written notices in this paragraph.
(a) If to the Primary Liquidity Provider pursuant Company, to: Bio Nebraska, Inc. 0000 Xxxxxx Xxxx Lincoln, Nebraska 68502 Telecopy number: not applicable With a copy to: Xxxxxx X. Xxxxxxxx, Esq. Xxxxx Xxxx Xxxx Xxxxx Xxxxxxx, Xxxxxxxxxxx 00000 Telecopy number: (000) 000-0000
(b) If to the provisions of Articles II and III shall Purchaser, to: c/o Hillside Capital Incorporated 000 Xxxx Xxxxxx Xxx Xxxx, Xxx Xxxx 00000 Telecopy number: (000) 000-0000
(c) If to Xxxxxx, Xxxxxxxx or Xxxxx, to: c/o Bio Nebraska, Inc. 0000 Xxxxxx Xxxx Lincoln, Nebraska 68502 Telecopy number: not be effective until received by the Primary Liquidity Providerapplicable
(d) If to Xxxxxxxx, subject to: Xxxxx Xxxx Xxxx Xxxxx Xxxxxxx, Xxxxxxxxxxx 00000 Telecopy number: (000) 000-0000
(e) If to the last sentence of Section 2.02(f). A copy of all notices delivered hereunder to either party shall in addition be delivered to each of the parties to the Participation Agreements at their respective addresses set forth therein.Cultor, to:
Appears in 1 contract
Notices, Etc. (a) Except as otherwise expressly specifically provided herein, all notices and other communications provided for hereunder shall be made in writing (including sent by telecopiertelecopy or telex) and mailed, telecopied, telexed, hand delivered or delivered by a nationally recognized overnight courier, (a) if to the following address: Borrower: Wilmington Trust Company Xxxxxx Square North , at its address at 0000 Xxxxx Xxxxxx Xxxxxx XxxxxxxxxxXxxxxxxxx Xxxxxx, XX 00xx Xxxxx, Xxxxxxxx, Xxxxxxxx 00000-0000 , Attention: Corporate Trust Administration Telephone: 000-000-0000 Telecopy: 000-000-0000 Liquidity Provider: Xxxxxxxxxx Xxxxx-Xxxxxxxxxxx Xx Xxxxxxxxxxxx 0 X-00000 Xxxxxxxxx Xxxxxxx Attention: Structured Finance Telephone: +00-000-000-0000 Telecopy: +00-000-000-0000 Xx. Xxxxx X. Riggins, with a copy of any Notice of Borrowing to: Landesbank Baden-Württemberg to Xxxxxxx Xxxxxxx at XxXxxxx Diamond & Ash, 000 Xxxx Xxxxx Xxxxxx, Xxxx Xxxxxxxx, 00xx Xxxxx Xxx Xxxx, Xxx Xxxx 00000 (telephone: (000) 000-0000; telecopy (000) 000-0000) and a copy to Xxxxxx X. Xxxxx at Xxxxx & Xxxxxxx, LLP, Suite 611, 000 Xxxxx Xxxxxx Xxxxx, Chicago, Illinois 60606 (telephone: (000) 000-0000; telecopy (000) 000-0000); (b) if to any Bank at its Domestic Lending Office; (c) if to the Administrative Agent, at its address at Citibank, N.A., 0000 Xxxxx Xxxx OPS III, Xxx Xxxxxx, Xxxxxxxx 00000, Attention: Xxxxxxx XxxxxBank Loan Syndications Department, Vice President Xxxxx Xxxxxx, Assistant Vice President Xxxxxxx Xxx Telephone(telecopy: (000) 000-0000; telephone: (000) 000-0000 Telecopy: 000-000-0000 or, 0000; or (d) as to each of the foregoingparty, at such other address or telecopier number as shall be designated by such Person party in a Written Notice written notice to the othersother parties. All such notices and communications shall be effective (i) if given when mailed, telecopied, telexed or hand delivered or delivered by telecopierovernight courier, be effective 3 days after deposited in the mails, when transmitted to the telecopier number specified above with receipt confirmedtelecopy transmission is completed, and received in legible form when confirmed by telex answer-back or when delivered, (ii) when delivered by posting to an Approved Electronic Platform, an Internet website or a similar telecommunication device requiring that a user have prior access to such Approved Electronic Platform, website or other device (to the extent permitted by Section 11.02(b) to be delivered thereunder), when such notice, demand, request, consent and other communication shall have been made generally available on such Approved Electronic Platform, Internet website or similar device to the class of Person being notified (regardless of whether any such Person must accomplish, and whether or not any such Person shall have accomplished, any action prior to obtaining access to such items, including registration, disclosure of contact information, compliance with a standard user agreement or undertaking a duty of confidentiality) and such Person has been notified in respect of such posting that a communication has been posted to the Approved Electronic Platform, provided that if given requested by mailany Bank, five Business Days after being deposited in the mails addressed as specified above, Administrative Agent shall deliver a copy of the Communications to such Bank by e-mail or telecopier and (iii) if given by other means, when delivered at by electronic mail or any other telecommunications device, upon receipt by the address specified abovesender of a response from any one recipient, except or from an employee or representative of the Person receiving notice on behalf of such Person, acknowledging receipt (which response may not be an automatic computer-generated response) and an identical notice is also sent simultaneously by mail, overnight courier or personal deliver as otherwise provided in this Section 11.02; provided, however, that written notices and communications to the Primary Liquidity Provider Administrative Agent pursuant to the provisions of Articles Article II and III or Article X shall not be effective until received by the Primary Liquidity ProviderAdministrative Agent; provided further that any notice or communication which is delivered after the close of regular business hours of the recipient shall be deemed received on the next Business Day. Delivery by telecopier of an executed counterpart of a signature page to any amendment or waiver of any provision of this Agreement or the Notes or of any Exhibit hereto to be executed and delivered hereunder shall be effective as delivery of an original executed counterpart thereof. Each Bank agrees (i) to notify the Administrative Agent in writing of such Bank’s e-mail address to which a notice may be sent by electronic transmission (including by electronic communication) on or before the date such Bank becomes a party to this Agreement (and from time to time thereafter to ensure that the Administrative Agent has on record an effective e-mail address for such Bank) and (ii) that any notice may be sent to such e-mail address.
(b) Notwithstanding clause (a) (unless the Administrative Agent requests that the provisions of clause (a) be followed) and any other provision in this Agreement or any other Credit Document providing for the delivery of any Approved Electronic Communication by any other means, subject the Borrower and the Guarantors shall deliver all Approved Electronic Communications to the last sentence Administrative Agent by properly transmitting such Approved Electronic Communications in an electronic/soft medium in a format acceptable to the Administrative Agent to xxxxxx.xxxxx.xxxxxxx@xxxxxxxxx.xxx or such other electronic mail address (or similar means of Section 2.02(felectronic delivery) as the Administrative Agent may notify to the Borrower. Nothing in this clause (b) shall prejudice the right of the Administrative Agent or any Bank to deliver any Approved Electronic Communication to the Borrower or any Guarantor in any manner authorized in this Agreement or to request that the Borrower effect delivery in such manner.
(c) Each of the Banks and the Borrower and each Guarantor agrees that the Administrative Agent may, but shall not be obligated to, make the Approved Electronic Communications available to the Banks by posting such Approved Electronic Communications on IntraLinks™ or a substantially similar electronic platform chosen by the Administrative Agent to be its electronic transmission system (the “Approved Electronic Platform”). A copy Although the Approved Electronic Platform and its primary web portal are secured with generally-applicable security procedures and policies implemented or modified by the Administrative Agent from time to time (including, as of all notices delivered hereunder to either party shall in addition be delivered to the Closing Date, a dual firewall and a User ID/Password Authorization System) and the Approved Electronic Platform is secured through a single-user-per-deal authorization method whereby each user may access the Approved Electronic Platform only on a deal-by-deal basis, each of the parties to Banks and the Participation Agreements at their respective addresses set forth thereinBorrower and each Guarantor acknowledges and agrees 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. In consideration for the convenience and other benefits afforded by such distribution and for the other consideration provided hereunder, the receipt and sufficiency of which is hereby acknowledged, each of the Banks and the Borrower and each Guarantor hereby approves distribution of the Approved Electronic Communications through the Approved Electronic Platform and understands and assumes the risks of such distribution.
(d) THE APPROVED ELECTRONIC PLATFORM AND THE APPROVED ELECTRONIC COMMUNICATIONS ARE PROVIDED “AS IS” AND “AS AVAILABLE”. NONE OF THE ADMINISTRATIVE AGENT NOR ANY OF ITS DIRECTORS, OFFICERS, AGENTS OR EMPLOYEES WARRANT THE ACCURACY, ADEQUACY OR COMPLETENESS OF THE APPROVED ELECTRONIC COMMUNICATIONS OR THE APPROVED ELECTRONIC PLATFORM AND EACH EXPRESSLY DISCLAIMS ANY LIABILITY FOR ERRORS OR OMISSIONS IN THE APPROVED ELECTRONIC COMMUNICATIONS OR THE APPROVED ELECTRONIC 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 ADMINISTRATIVE AGENT OR ANY OF ITS DIRECTORS, OFFICERS, AGENTS OR EMPLOYEES IN CONNECTION WITH THE APPROVED ELECTRONIC COMMUNICATIONS OR THE APPROVED ELECTRONIC PLATFORM.
(e) Each of the Banks and the Borrower and each Guarantor agrees that the Administrative Agent may, but (except as may be required by applicable law) shall not be obligated to, store the Approved Electronic Communications on the Approved Electronic Platform in accordance with the Administrative Agent’s generally-applicable document retention procedures and policies.
Appears in 1 contract
Samples: Senior Unsecured Term Loan Agreement (LaSalle Hotel Properties)
Notices, Etc. Except as otherwise expressly provided herein, all All notices and other communications provided for hereunder shall shall, unless otherwise stated herein, be made in writing (including sent telex communication and communication by telecopierfacsimile copy) and to the following address: Borrower: Wilmington Trust Company Xxxxxx Square North 0000 Xxxxx Xxxxxx Xxxxxx Xxxxxxxxxxmailed, XX 00000-0000 Attention: Corporate Trust Administration Telephone: 000-000-0000 Telecopy: 000-000-0000 Liquidity Provider: Xxxxxxxxxx Xxxxx-Xxxxxxxxxxx Xx Xxxxxxxxxxxx 0 X-00000 Xxxxxxxxx Xxxxxxx Attention: Structured Finance Telephone: +00-000-000-0000 Telecopy: +00-000-000-0000 with a copy of any Notice of Borrowing to: Landesbank Baden-Württemberg 000 Xxxx Xxxxxxtelexed, Xxxx Xxxxxxxx, 00xx Xxxxx Xxx Xxxx, Xxx Xxxx 00000 Attention: Xxxxxxx Xxxxx, Vice President Xxxxx Xxxxxx, Assistant Vice President Xxxxxxx Xxx Telephone: 000-000-0000 Telecopy: 000-000-0000 ortransmitted or delivered, as to each of the foregoingGuarantors on the one hand and the Purchaser on the other, at the address set forth below or at such other address as shall be designated by such Person in a Written Notice written notice to the othersother. All such notices and communications shall be effective effective, upon receipt, or in the case of (ia) if given by telecopier, when transmitted to the telecopier number specified above with receipt confirmed, and received in legible form (ii) if given notice by mail, five Business Days (5) days after being deposited in the mails addressed as specified aboveUnited States mail, and first class postage prepaid, (iiib) notice by telex, when telexed against receipt of answer back, or (c) notice by facsimile copy, when verbal communication of receipt is obtained. The failure of the Purchaser to give any notice required hereunder (if given by other any) shall not affect the liability or obligations of any of the Guarantors hereunder. Unless otherwise expressly provided in this Guaranty, reference to any notice, request, approval, consent or determination provided for, permitted or required under the terms of this Guaranty with respect to the Seller, the Guarantors or the Purchaser means, when delivered at the address specified abovein order for such notice, except that written notices request, approval, consent or determination to be effective hereunder, such notice, request, approval or consent must be in writing. If to the Primary Liquidity Provider pursuant Guarantor: Municipal Mortgage & Equity, LLC 0000 Xxxxxxx Xxxxx, Xxxxx 0000 Xxxxx, Xxxxxxx 00000 Attention: Xxxxxx Xxxxxxx Facsimile No.: (813) 425–8000 Confirmation No.: (813) 868–8076 with a copy to: Municipal Mortgage & Equity, LLC 000 X. Xxxxx Street, Suite 300 Baltimore, Maryland 21202 Attention: Xxxxx Xxxxxxxx, General Counsel Facsimile No.: (410) 727–5387 Confirmation No.: (000) 000-0000 If to the provisions of Articles II and III shall not be effective until received by the Primary Liquidity ProviderPurchaser: Wachovia Bank, subject to the last sentence of Section 2.02(f). A copy of all notices delivered hereunder to either party shall in addition be delivered to each of the parties to the Participation Agreements at their respective addresses set forth thereinNational Association One Wachovia Center 000 Xxxxx Xxxxxxx Xxxxxx, XX0000 Xxxxxxxxx, Xxxxx Xxxxxxxx 00000 Attention: Xxxxxxxx Xxxxxxx Facsimile No.: (704) 715–0066 Confirmation No.: (704) 715–7818
Appears in 1 contract
Samples: Guaranty Agreement (Municipal Mortgage & Equity LLC)
Notices, Etc. Except as otherwise expressly provided herein, all All notices and other communications provided for hereunder shall shall, unless otherwise stated herein, be made in writing (including sent which shall include facsimile communication and communication by telecopiere-mail) and to the following address: Borrower: Wilmington Trust Company Xxxxxx Square North 0000 Xxxxx Xxxxxx Xxxxxx Xxxxxxxxxxfaxed, XX 00000e-0000 Attention: Corporate Trust Administration Telephone: 000-000-0000 Telecopy: 000-000-0000 Liquidity Provider: Xxxxxxxxxx Xxxxx-Xxxxxxxxxxx Xx Xxxxxxxxxxxx 0 X-00000 Xxxxxxxxx Xxxxxxx Attention: Structured Finance Telephone: +00-000-000-0000 Telecopy: +00-000-000-0000 with a copy of any Notice of Borrowing to: Landesbank Baden-Württemberg 000 Xxxx Xxxxxxmailed or delivered, Xxxx Xxxxxxxx, 00xx Xxxxx Xxx Xxxx, Xxx Xxxx 00000 Attention: Xxxxxxx Xxxxx, Vice President Xxxxx Xxxxxx, Assistant Vice President Xxxxxxx Xxx Telephone: 000-000-0000 Telecopy: 000-000-0000 or, as to each of the foregoingparty hereto, at its address set forth under its name below or at such other address as shall be designated by such Person party in a Written Notice written notice to the others. All such other parties hereto: If to the Swingline Lender: Xxxxx Fargo Bank, National Association 000 X. Xxxxx Street, 5th Floor MAC D1086-051 Xxxxxxxxx, Xxxxx Xxxxxxxx 00000 Attention: Xxxxx Sunday Facsimile No.: (000) 000-0000 Confirmation No: (000) 000-0000 If to the Trustee: U.S. Bank Trust Company, National Association Xxx Xxxxxxx Xxxxxx, Xxxxx Xxxxx Xxxxxx, Xxxxxxxxxxxxx 00000 Attention: Corporate Trust / CDO Unit – Ares Capital CP Funding Facsimile No: (000) 000-0000 If to the Bank: U.S. Bank National Association Xxx Xxxxxxx Xxxxxx, Xxxxx Xxxxx Xxxxxx, Xxxxxxxxxxxxx 00000 Attention: Corporate Trust/CDO Unit–Ares Capital CP Funding Facsimile No: (000) 000-0000 If to the Collateral Custodian: U.S. Bank National Association as the Collateral Custodian Document Custody Services 0000 Xxxx Xxx Florence, SC 29501 Attention: Xxxxxx Xxxxxxx Email: xxxxxx.xxxxxxx@xxxxxx.xxx Facsimile No.: (000) 000-0000 USActive 52762757.39.docx52762757.44 174 Notices and communications by facsimile and e-mail shall be effective when sent, and notices and communications sent by other means shall be effective (i) if given by telecopierwhen received. The Agent shall, when transmitted to promptly after receipt of any notice from the telecopier number specified above with receipt confirmedTrustee, and received in legible form (ii) if given by mailthe Borrower, five Business Days after being deposited in the mails addressed as specified aboveTransferor, and (iii) if given by other meansthe Equityholder or the Servicer, when delivered at the address specified above, except that written notices to the Primary Liquidity Provider pursuant to the provisions of Articles II and III shall not be effective until received by the Primary Liquidity Provider, subject to the last sentence of Section 2.02(f). A copy of all notices delivered hereunder to either party shall in addition be delivered provide copies thereof to each of the parties to the Participation Agreements at their respective addresses set forth thereinLender.
Appears in 1 contract
Notices, Etc. (a) On and after the Assumption Date, Credit Acceptance and the Trust Collateral Agent hereby agree to provide to the Backup Servicer all notices required to be provided to the Servicer pursuant to the Sale and Servicing Agreement and the other Basic Documents, as well as a hard copy sent by a nationally recognized courier service with item tracking capability.
(b) Except as otherwise expressly provided hereinwhere telephonic instructions or notices are authorized herein to be given, all notices notices, demands, instructions and other communications provided for hereunder required or permitted to be given to or made upon any party hereto shall be made in writing and shall be sent electronically or by facsimile transmission with a confirmation of the receipt thereof and shall be deemed to be given for purposes of this Agreement on the day that the receipt of such facsimile transmission is confirmed in accordance with the provisions of this Section 5.1. Unless otherwise specified in a notice sent or delivered in accordance with the foregoing provisions of this Section, notices, demands, instructions (including sent by telecopierpayment instructions) and other communications in writing shall be given to or made upon the respective parties hereto at their respective addresses and accounts indicated below, and, in the case of telephonic instructions or notices, by calling the telephone number or numbers indicated for such party below: If to the following addressIssuer: Borrower: Wilmington Credit Acceptance Auto Loan Trust Company Xxxxxx Square North 0000 2012-1 c/o U.S. Trust Bank National Association 000 Xxxxxxxx Xxxxxx, 0xx Xxxxx Xxxxxx Xxxxxx Xxxxxxxxxx, XX 00000 Attention: Xxxxxxx Xxxxxx Telephone: (000) 000-0000 Telecopy: (000) 000-0000 If to the Servicer: Credit Acceptance Corporation Silver Triangle Building 00000 Xxxx Xxxxxx Xxxx Xxxx, Xxxxx 0000 Xxxxxxxxxx, Xxxxxxxx 00000-0000 Attention: Xxxx Xxxx Telephone: (000) 000-0000 (ext. 4432) Telecopy: (000) 000-0000 If to the Trust Collateral Agent: Xxxxx Fargo Bank, National Association MAC X0000-000 Xxxxx Xxxxxx xxx Xxxxxxxxx Xxxxxx Xxxxxxxxxxx, Xxxxxxxxx 00000 Attention: Corporate Trust Services – Asset-Backed Administration Telephone: (000-) 000-0000 Telecopy: (000-) 000-0000 Liquidity ProviderIf to the Backup Servicer: Xxxxxxxxxx XxxxxXxxxx Fargo Bank, National Association MAC X0000-Xxxxxxxxxxx Xx Xxxxxxxxxxxx 0 X-00000 000 Xxxxx Xxxxxx xxx Xxxxxxxxx Xxxxxxx Xxxxxx Xxxxxxxxxxx, Xxxxxxxxx 00000 Attention: Structured Finance Corporate Trust Services – Asset-Backed Administration Telephone: +00-(000-) 000-0000 Telecopy: +00-(000) 000-000-0000 with a copy of any Notice of Borrowing to: Landesbank Baden-Württemberg 000 Xxxx Xxxxxx, Xxxx Xxxxxxxx, 00xx Xxxxx Xxx Xxxx, Xxx Xxxx 00000 Attention: Xxxxxxx Xxxxx, Vice President Xxxxx Xxxxxx, Assistant Vice President Xxxxxxx Xxx Telephone: 000-000-0000 Telecopy: 000-000-0000 or, as to each of the foregoing, at such other address as shall be designated by such Person in a Written Notice to the others. All such notices and communications shall be effective (i) if given by telecopier, when transmitted to the telecopier number specified above with receipt confirmed, and received in legible form (ii) if given by mail, five Business Days after being deposited in the mails addressed as specified above, and (iii) if given by other means, when delivered at the address specified above, except that written notices to the Primary Liquidity Provider pursuant to the provisions of Articles II and III shall not be effective until received by the Primary Liquidity Provider, subject to the last sentence of Section 2.02(f). A copy of all notices delivered hereunder to either party shall in addition be delivered to each of the parties to the Participation Agreements at their respective addresses set forth therein.0000
Appears in 1 contract
Samples: Backup Servicing Agreement (Credit Acceptance Corp)
Notices, Etc. Except as otherwise expressly provided hereinAll notices, all notices consents, waivers, and other communications provided for hereunder which are required or permitted under this Agreement shall be made in writing will be deemed given to a party (including a) upon receipt, when personally delivered; (b) one (1) Business Day after deposit with an nationally recognized overnight courier service with next day delivery specified, costs prepaid) on the date of delivery, if delivered to the appropriate address by hand or by nationally recognized overnight courier service (costs prepaid); (c) the date of transmission if sent by telecopierfacsimile or e-mail with confirmation of transmission by the transmitting equipment if such notice or communication is delivered prior to 5:00 P.M., New York City time, on a Trading Day, or the next Trading Day after the date of transmission, if such notice or communication is delivered on a day that is not a Trading Day or later than 5:00 P.M., New York City time, on any Trading Day, provided confirmation of facsimile is mechanically or electronically generated and kept on file by the sending party and confirmation of email is kept on file, whether electronically or otherwise, by the sending party and the sending party does not receive an automatically generated message from the recipients email server that such e-mail could not be delivered to such recipient; (d) and the date received or rejected by the addressee, if sent by certified mail, return receipt requested, postage prepaid; or (e) seven days after the placement of the notice into the mails (first class postage prepaid), to the following party at the address, facsimile number, or e-mail address furnished by the such party, If to the Company, to: Borrower: Wilmington Trust Company Xxxxxx Square North 0000 Axxxxxx, Inc. 400 Xxxxxxxxxx Xxxxx Xxxxxx Xxxxxx XxxxxxxxxxRedwood City, XX 00000-0000 CA 94063 Attention: Corporate Trust Administration TelephoneChief Executive Officer E-mail: 000-000-0000 Telecopy: 000-000-0000 Liquidity Provider: Xxxxxxxxxx Xxxxx-Xxxxxxxxxxx Xx Xxxxxxxxxxxx 0 X-00000 Xxxxxxxxx Xxxxxxx Attention: Structured Finance Telephone: +00-000-000-0000 Telecopy: +00-000-000-0000 jxxxxxxx@xxxxxxx.xxx with a copy of any Notice of Borrowing (which shall not constitute notice) to: Landesbank Baden-Württemberg 000 Dxxxxx & Wxxxxxx LLP 100 Xxxxx Xxxx XxxxxxXxxxxx Suite 2100 Salt Lake City, Xxxx Xxxxxxxx, 00xx Xxxxx Xxx Xxxx, Xxx Xxxx 00000 UT 84111 Attention: Xxxxxxx XxxxxDxxxx Xxxx Email: dxxxx.xxxx@xxxxxx.xxx if to a Holder, Vice President Xxxxx Xxxxxx, Assistant Vice President Xxxxxxx Xxx Telephoneto: 000-000-0000 Telecopy: 000-000-0000 or, as to each of such Holder at the foregoing, address set forth on the signature page hereto; or at such other address as any party shall be designated by such Person in a Written Notice have furnished to the others. All such notices and communications shall be effective (i) if given by telecopier, when transmitted to the telecopier number specified above other parties in writing in accordance with receipt confirmed, and received in legible form (ii) if given by mail, five Business Days after being deposited in the mails addressed as specified above, and (iii) if given by other means, when delivered at the address specified above, except that written notices to the Primary Liquidity Provider pursuant to the provisions of Articles II and III shall not be effective until received by the Primary Liquidity Provider, subject to the last sentence of this Section 2.02(f10(f). A copy of all notices delivered hereunder to either party shall in addition be delivered to each of the parties to the Participation Agreements at their respective addresses set forth therein.
Appears in 1 contract
Notices, Etc. Except as otherwise expressly provided herein, all All notices and other communications provided for hereunder shall shall, unless otherwise stated herein, be made in writing (including facsimile communication) and shall be (1) personally delivered or sent by telecopier) and certified mail or overnight air courier, or postage prepaid, to the following address: Borrower: Wilmington Trust Company Xxxxxx Square North 0000 Xxxxx Xxxxxx Xxxxxx Xxxxxxxxxx, XX 00000-0000 Attention: Corporate Trust Administration Telephone: 000-000-0000 Telecopy: 000-000-0000 Liquidity Provider: Xxxxxxxxxx Xxxxx-Xxxxxxxxxxx Xx Xxxxxxxxxxxx 0 X-00000 Xxxxxxxxx Xxxxxxx Attention: Structured Finance Telephone: +00-000-000-0000 Telecopy: +00-000-000-0000 with a copy intended party at the address or facsimile number of any Notice of Borrowing to: Landesbank Baden-Württemberg 000 Xxxx Xxxxxx, Xxxx Xxxxxxxx, 00xx Xxxxx Xxx Xxxx, Xxx Xxxx 00000 Attention: Xxxxxxx Xxxxx, Vice President Xxxxx Xxxxxx, Assistant Vice President Xxxxxxx Xxx Telephone: 000-000-0000 Telecopy: 000-000-0000 or, as to each of the foregoing, such party set forth opposite its name on Schedule 12.02 or at such other address as shall be designated by such Person party in a Written Notice written notice to the othersother parties hereto or (2) in the case of all notices and other communications other than Notices of Borrowing and notices under Section 7.03(a), posted to a data site with an email notification to the Administrative Agent on behalf of each Lender. All such notices and communications shall be effective effective, (i) if given by telecopierpersonally delivered, when transmitted to the telecopier number specified above with receipt confirmedreceived, and received in legible form (ii) if given sent by mailovernight air courier, five the next Business Days Day after being deposited in delivery to the mails addressed related air courier service, if delivery is guaranteed as specified aboveof the next Business Day, and (iii) if given made available by other meansthe Borrower by uploading and posting to an agreed upon data site, when delivered at once posted, and (iv) if sent by certified mail, three (3) Business Days after having been deposited in the address specified abovemail, postage prepaid, if sent during business hours (if sent after business hours, then on the next Business Day) except that written notices to the Primary Liquidity Provider and communications pursuant to the provisions of Articles Article II and III shall not be effective until received by the Primary Liquidity Provider, subject received. In addition to the last sentence available means of Section 2.02(f). A copy of delivering notice above, all notices delivered and other communication provided for hereunder shall, unless stated otherwise herein, be in writing and shall be effective when sent via email during business hours to either party shall in addition be delivered the Borrower at xxxx.xxxxxxx@xxxxxxxxxxxxxx.xxx with a copy to each the general counsel of the parties Borrower at xxxx.xxxxxxx@xxxxxxxxxxxxxx.xxx, to the Participation Agreements Administrative Agent at their respective xxxxxxx_xxxxx@xxxxxxxxxxxxx.xxx and xxx_xxx_xxxxxx_xxxx@xxxxxxxxxxxxx.xxx with copies to xxxxxxx@xxxxxxxxxxxxx.xxx and to the Lenders at the email addresses set forth thereinon Schedule 12.02, once receipt has been confirmed by electronic means (if sent via email after business hours, then on the next Business Day).
Appears in 1 contract
Samples: Loan and Security Agreement (Mr. Cooper Group Inc.)
Notices, Etc. Except as otherwise expressly provided hereinAll notices, all notices consents, waivers, and other communications provided for hereunder which are required or permitted under this Agreement shall be made in writing will be deemed given to a party (including a) upon receipt, when personally delivered; (b) one (1) Business Day after deposit with a nationally recognized overnight courier service with next day delivery specified, costs prepaid on the date of delivery, if delivered to the appropriate address by hand or by nationally recognized overnight courier service (costs prepaid); (c) the date of transmission if sent by telecopiere-mail with confirmation of transmission by the transmitting equipment if such notice or communication is delivered prior to 5:00 P.M., New York City time, on a Trading Day, or the next Trading Day after the date of transmission, if such notice or communication is delivered on a day that is not a Trading Day or later than 5:00 P.M., New York City time, on any Trading Day, provided confirmation of email is kept on file, whether electronically or otherwise, by the sending party and the sending party does not receive an automatically generated message from the recipients email server that such e-mail could not be delivered to such recipient; (d) and the date received or rejected by the addressee, if sent by certified mail, return receipt requested, postage prepaid; or (e) seven (7) days after the placement of the notice into the mails (first class postage prepaid), to the following addressparty at the address or e-mail address furnished by the such party, If to the Company, to: Borrower: Wilmington Trust Company MedAvail Holdings, Inc. 0000 X Xxxxxx Square North 0000 Xxx Xxxx Xxxxx Xxxxxx Xxxxxx Xxxxxxxxxx000 Xxxxxxx, XX 00000-0000 Attention: Corporate Trust Administration Telephone: 000-000-0000 Telecopy: 000-000-0000 Liquidity Provider: Xxxxxxxxxx Xxxxx-Xxxxxxxxxxx Xx Xxxxxxxxxxxx 0 X-00000 Xxxxxxxxx Xxxxxxx Attention: Structured Finance Telephone: +00-000-000-0000 Telecopy: +00-000-000-0000 with a copy of any Notice of Borrowing to: Landesbank Baden-Württemberg 000 Xxxx Xxxxxx, Xxxx Xxxxxxxx, 00xx Xxxxx Xxx Xxxx, Xxx Xxxx 00000 Attention: Xxxx Xxxxx and Xxxxxx Xxxxxxxx with copy to: Xxxxxx Xxxxxxx Xxxxx, Vice President Xxxxx Xxxxxxxx & Xxxxxx, Assistant Vice President Xxxxxxx P.C. 000 Xxxx Xxxx Xxxx Xxxx Xxxx, XX 00000 Attention: Xxxxxx Xxxxxxxxx and Xxxx Xxx Telephoneif to a Holder, to: 000-000-0000 Telecopy: 000-000-0000 or, as to each of such Holder at the foregoing, address set forth on the signature page hereto or in the Company’s at such other address as any party shall be designated by such Person in a Written Notice have furnished to the others. All such notices and communications shall be effective (i) if given by telecopier, when transmitted to the telecopier number specified above other parties in writing in accordance with receipt confirmed, and received in legible form (ii) if given by mail, five Business Days after being deposited in the mails addressed as specified above, and (iii) if given by other means, when delivered at the address specified above, except that written notices to the Primary Liquidity Provider pursuant to the provisions of Articles II and III shall not be effective until received by the Primary Liquidity Provider, subject to the last sentence of this Section 2.02(f10(f). A copy of all notices delivered hereunder to either party shall in addition be delivered to each of the parties to the Participation Agreements at their respective addresses set forth therein.
Appears in 1 contract
Samples: Registration Rights Agreement (MedAvail Holdings, Inc.)
Notices, Etc. Except as otherwise expressly provided hereinAll notices, all notices demands and other communications provided for required or permitted hereunder shall be made in writing and shall be deemed effectively given to a party to this Agreement if (including i) delivered personally, (ii) sent and received by facsimile, (iii) sent by telecopierelectronic mail or (iv) and sent by certified or registered mail or by Federal Express, UPS or any other comparably reputable overnight courier service, postage prepaid, to the following addressappropriate address as follows: Borrower: Wilmington Trust Company (a) if to any Limited Partner, at the address of such Limited Partner on file with the Partnership; and (b) if to the General Partner or the Partnership, to c/o Norcraft Companies Inc. 0000 Xxxxxxx Xxxxxx Square North 0000 Xxxxx Xxxxxx Xxxxxx Xxxxxxxxxx000 Xxxxx, XX 00000-0000 Minnesota 55121 Attention: Corporate Trust Administration TelephoneChief Financial Officer Facsimile: (000-) 000-0000 TelecopyE-mail: 000-000-0000 Liquidity Provider: Xxxxxxxxxx Xxxxx-Xxxxxxxxxxx Xx Xxxxxxxxxxxx 0 X-00000 Xxxxxxxxx Xxxxxxx Attention: Structured Finance Telephone: +00-000-000-0000 Telecopy: +00-000-000-0000 xxxxx.xxxxxx@xxxxxxxxxxxxxxxxx.xxx with a copy of any Notice of Borrowing (which shall not constitute notice) to: Landesbank Baden-Württemberg 000 Ropes & Xxxx Xxxxxx, Xxxx Xxxxxxxx, 00xx Xxxxx LLP 0000 Xxxxxx xx xxx Xxxxxxxx Xxx Xxxx, Xxx Xxxx 00000 Attention: Xxxxxxx Xxx Xxxxx, Vice President Xxxxx XxxxxxEsq. Xxxx Xxxxxxxxxx, Assistant Vice President Xxxxxxx Xxx TelephoneEsq. Email: xxxxxx.xxxxx@xxxxxxxxx.xxx Facsimile: (000-) 000-0000 Telecopy: (000-) 000-0000 orUnless otherwise specified herein, such notices or other communications shall be deemed effective, (a) on the date received, if personally delivered or sent by facsimile or electronic mail during normal business hours, (b) on the business day after being received if sent by facsimile or electronic mail other than during normal business hours, (c) one business day after being sent by Federal Express, DHL or UPS or other comparably reputable delivery service and (d) five business days after being sent by registered or certified mail. Each Limited Partner shall be entitled to specify a different address by giving notice as aforesaid to the General Partner and the Partnership. The General Partner and the Partnership shall be entitled to specify a different address by giving notice as aforesaid to each of the foregoing, at such other address as shall be designated by such Person in a Written Notice to the others. All such notices and communications shall be effective (i) if given by telecopier, when transmitted to the telecopier number specified above with receipt confirmed, and received in legible form (ii) if given by mail, five Business Days after being deposited in the mails addressed as specified above, and (iii) if given by other means, when delivered at the address specified above, except that written notices to the Primary Liquidity Provider pursuant to the provisions of Articles II and III shall not be effective until received by the Primary Liquidity Provider, subject to the last sentence of Section 2.02(f). A copy of all notices delivered hereunder to either party shall in addition be delivered to each of the parties to the Participation Agreements at their respective addresses set forth thereinhereto.
Appears in 1 contract
Samples: Fourth Amended and Restated Agreement of Limited Partnership (Norcraft Companies, Inc.)
Notices, Etc. Except as otherwise expressly provided herein, all All notices and other communications provided for hereunder shall be made in writing and shall be mailed (including by certified mail, postage prepaid and return receipt requested), sent by telecopier) and Federal Express or other recognized courier service (return receipt requested), telecopied or delivered by hand, if to any Pledgor, to it at the address specified for the Company in the Securities Purchase Agreement or if to the following addressCollateral Agent, to it at the address specified in the Securities Purchase Agreement or, if not a party to the Securities Purchase Agreement as follows: BorrowerIf to the Company: Wilmington Trust Company Xxxxxx Square North 0000 Max Cash Media, Inc. 50 Xxxxxxxx Xxxx, Xxx. 0X Xxxxx Xxxxxx Xxxxxx XxxxxxxxxxXxxx, XX 00000-0000 00000 Attention: Corporate Trust Administration Telephone: 000-000-0000 Telecopy: 000-000-0000 Liquidity Provider: Xxxxxxxxxx Xxxxx-Xxxxxxxxxxx Xx Xxxxxxxxxxxx 0 X-00000 Xxxxxxxxx Xxxxxxx Attention: Structured Finance Telephone: +00-000-000-0000 Telecopy: +00-000-000-0000 with Nxxx Xxxxxxxx, Chief Executive Officer With a copy of any Notice of Borrowing to: Landesbank Baden-Württemberg 000 Xxxx Gottbetter & Partners, LLP 400 Xxxxxxx Xxxxxx, Xxxx Xxxxxxxx, 00xx Xxxxx Xxx Xxxx, Xxx Xxxx XX 00000 Attention: Axxx X. Xxxxxxxxxx, Esq. Telephone: 200.000.0000 Facsimile: 212.400.6901 If to Pledgors, to: Nxxxxx Xxxxxx c/o BOLDFACE Licensing + Branding 1000 Xxxxxx Xxxxxx Xxxxx Xxxxxx, XX 00000 Telephone: Facsimile: 310.581.4652 Eisner, Kxxxx & Gxxxx, a Professional Corporation 9000 Xxxxxxxx Xxxx., Xxxxx 000 Xxxxxxx Xxxxx, Vice President Xxxxx XX 00000 Telephone: 300.000.0000 Attn: Jxxxxx X’Xxxx, Esq. Facsimile: 310.855.3201 If to the Collateral Agent, to: Gottbetter & Partners, LLP 400 Xxxxxxx Xxxxxx, Assistant Vice President Xxxxxxx 00xx Xxxxx Xxx Xxxx, XX 00000 Attention: Axxx X. Xxxxxxxxxx, Esq. Telephone: 000200-000-0000 TelecopyFacsimile: 000200-000-0000 or, or as to each of the foregoing, either such person at such other address as shall be designated by such Person person in a Written Notice written notice to such other person complying as to delivery with the othersterms of this Section 11. All such notices and other communications shall be effective (i) if given sent by telecopiercertified mail, postage prepaid, return receipt requested, when transmitted to the telecopier number specified above with receipt confirmed, and received in legible form received; or (ii) if given by mailtelecopied, five when transmitted and confirmation is received, provided same is on a Business Days after being deposited in Day and, if not, on the mails addressed as specified above, and next Business Day or (iii) if given delivered by hand or sent by Federal Express or other meansrecognized courier service (return receipt requested), when delivered at upon delivery, provided same is on a Business Day and, if not, on the address specified above, except that written notices to the Primary Liquidity Provider pursuant to the provisions of Articles II and III shall not be effective until received by the Primary Liquidity Provider, subject to the last sentence of Section 2.02(f). A copy of all notices delivered hereunder to either party shall in addition be delivered to each of the parties to the Participation Agreements at their respective addresses set forth thereinnext Business Day.
Appears in 1 contract
Notices, Etc. Except as otherwise expressly provided hereinin this Credit Agreement, all notices and other communications provided for hereunder made or required to be given pursuant to this Credit Agreement or the Notes shall be made in writing (including and shall be delivered in hand, mailed by United States certified first class mail, postage prepaid, or sent by telecopiertelegraph, telecopy, telefax or telex and confirmed by delivery via courier or postal service, addressed as follows:
(a) and if to the following addressBorrowers, at 19 Fid Kennedy Avenue, Boston, Massachusetts 02210, Attention: Borrower: Wilmington Trust Company Xxxxxx Square North 0000 Xxxxx Xxxxxx Xxxxxx XxxxxxxxxxMr. Axxxxxx X. Xxxxxxx, Chief Financial Officer, (with a copy to Walxxx X. Xxxxxxxx, Esq., Gadsby & Hannah LLP, 225 Franklin Street, Xxxxxx, XX 00000-0000 ), or at sxxx xxher address for xxxxxx xx xxx Xxxxxxxxx xxxxx last have furnished in writing to the Person giving the notice;
(b) if to the Agent or BankBoston, at 100 Federal Street, Boston, Massachusetts 02110, Attention: Corporate Trust Administration Telephone: 000Sharon A. Xxxxx, Xxxxxxxx, Xxxx Xxxx 00-00000-0000 Telecopy: 000-000-0000 Liquidity Provider: Xxxxxxxxxx Xxxxx-Xxxxxxxxxxx Xx Xxxxxxxxxxxx 0 X-00000 Xxxxxxxxx Xxxxxxx 00, (xxxx x copy to Sula X. Xxxxxxx, Xxx., Bingham Dana LLP, 150 Federal Street, Boston, XX 00000) xx xuch othex xxxxxxx xxr notixx xx XxxxXxxxxx xxxxx xxxx xxve furnished in writing to the Person giving the notice;
(c) if to USTrust, at 30 Court Street, Boston, Massachusetts 02108, Attention: Structured Finance Telephone: +00-000-000-0000 Telecopy: +00-000-000-0000 with a copy of any Notice of Borrowing to: Landesbank Baden-Württemberg 000 Xxxx XxxxxxJeffrey Hutx, Xxxx XxxxxxxxXxxxxxxxx, 00xx Xxxxx Xxx Xxxx, Xxx xx xxxx xxxxx xxxxxxx xxx notice as suxx Xxxx 00000 Attention: Xxxxxxx Xxxxx, Vice President Xxxxx Xxxxxx, Assistant Vice President Xxxxxxx Xxx Telephone: 000-000-0000 Telecopy: 000-000-0000 or, xxxxl have last furnished in writing to the Person giving the notice; and
(d) if to any other entity which may hereafter become a party hereto as to each of the foregoinga Bank, at such other their address as in Schedule 1.1(a) hereof. Any such notice or demand shall be designated by such Person in a Written Notice deemed to the others. All such notices have been duly given or made and communications shall be to have become effective (i) if given telecopied, or delivered by telecopierhand to a responsible officer of the party to which it is directed, when transmitted to at the telecopier number specified above with time of the receipt confirmed, thereof by such officer and received in legible form (ii) if given sent by certified first-class mail, five Business Days after being deposited in the mails addressed as specified above, and (iii) if given by other meanspostage prepaid, when delivered at the address specified above, except that written notices mailed. Any such notice or demand deemed to the Primary Liquidity Provider pursuant to the provisions of Articles II and III shall not be effective until received have been duly given or made hereunder by the Primary Liquidity Provider, subject to the last sentence of Section 2.02(f). A copy of all notices delivered hereunder to either party shall in addition be delivered to each any of the parties to Borrowers shall constitute notice from all of the Participation Agreements at their respective addresses set forth thereinBorrowers.
Appears in 1 contract
Notices, Etc. Except as otherwise expressly provided hereinAll demands, all notices and other communications provided for hereunder shall shall, unless otherwise stated herein, be made in writing (including sent which shall include facsimile communication and communication by telecopiere-mail in portable document format (.pdf)) and faxed, e-mailed or delivered, to each party hereto, at its address set forth below or at such other address as shall be designated by such party in a written notice to the other parties hereto, and to the following address: Borrower: Wilmington Trust Company Xxxxxx Square North 0000 Xxxxx Xxxxxx Xxxxxx XxxxxxxxxxTrustee or each Rating Agency, XX 00000-0000 Attention: Corporate Trust Administration Telephone: 000-000-0000 Telecopy: 000-000-0000 Liquidity Provider: Xxxxxxxxxx Xxxxx-Xxxxxxxxxxx Xx Xxxxxxxxxxxx 0 X-00000 Xxxxxxxxx Xxxxxxx Attention: Structured Finance Telephone: +00-000-000-0000 Telecopy: +00-000-000-0000 with a copy of any Notice of Borrowing to: Landesbank Baden-Württemberg 000 Xxxx Xxxxxx, Xxxx Xxxxxxxx, 00xx Xxxxx Xxx Xxxx, Xxx Xxxx 00000 Attention: Xxxxxxx Xxxxx, Vice President Xxxxx Xxxxxx, Assistant Vice President Xxxxxxx Xxx Telephone: 000-000-0000 Telecopy: 000-000-0000 or, as to each of at its address set forth in the foregoing, Indenture or at such other address as shall be designated by such Person in a Written Notice written notice to the othersother parties hereto. All such Notices and communications by facsimile and e-mail shall be effective when sent (and shall be followed by hard copy sent by regular mail), and notices and communications sent by other means shall be effective when received. Notices and other communications relating to this Agreement to be delivered by the Buyer (ior the Trustee on its behalf) if given by telecopier, when transmitted to the telecopier number specified above with receipt confirmed, and received in legible form (ii) if given by mail, five Business Days after being deposited any Holder shall be delivered as provided in the mails addressed as specified aboveIndenture. The address for the Seller is the following: Gxxxx Capital Investment Corporation 600 Xxxxx Xxxxxx, and 00xx Xxxxx Xxx Xxxx, Xxx Xxxx 00000 Attention: Dxxxx Xxxxx E-mail: dxxxxx@xxxxxxxxxxxx.xxx Facsimile No.: (iii000) if given by other means000-0000 The address for the Intermediate Seller is the following: GCIC CLO II Depositor LLC c/o Golub Capital Investment Corporation 600 Xxxxx Xxxxxx, when delivered at 00xx Xxxxx Xxx Xxxx, Xxx Xxxx 00000 Attention: Dxxxx Xxxxx E-mail: dxxxxx@xxxxxxxxxxxx.xxx Facsimile No.: (000) 000-0000 The address for the address specified aboveBuyer is the following: GCIC CLO II LLC c/o Golub Capital Investment Corporation 600 Xxxxx Xxxxxx, except that written notices to the Primary Liquidity Provider pursuant to the provisions of Articles 00xx Xxxxx Xxx Xxxx, Xxx Xxxx 00000 Attention: Dxxxx Xxxxx E-mail: dxxxxx@xxxxxxxxxxxx.xxx Facsimile No.: (000) 000-0000 with a copy to: GCIC CLO II and III shall not be effective until received by the Primary Liquidity ProviderLLC c/o Puglisi & Associates 800 Xxxxxxx Xxxxxx, subject to the last sentence of Section 2.02(f). A copy of all notices delivered hereunder to either party shall in addition be delivered to each of the parties to the Participation Agreements at their respective addresses set forth thereinXxxxx 000 Xxxxxx, Xxxxxxxx 00000 Attention: Dxxxxx Xxxxxxx E-mail: dxxxxxxx@xxxxxxxxxxxx.xxx Facsimile No.: (000) 000-0000
Appears in 1 contract
Samples: Master Loan Sale Agreement (GOLUB CAPITAL INVESTMENT Corp)
Notices, Etc. (a) On and after the Assumption Date, Credit Acceptance and the Trust Collateral Agent hereby agree to provide to the Backup Servicer all notices required to be provided to the Servicer pursuant to the Sale and Servicing Agreement and the other Basic Documents, as well as a hard copy sent by a nationally recognized courier service with item tracking capability.
(b) Except as otherwise expressly provided hereinwhere telephonic instructions or notices are authorized herein to be given, all notices notices, demands, instructions and other communications provided for hereunder required or permitted to be given to or made upon any party hereto shall be made in writing and shall be sent electronically or by facsimile transmission with a confirmation of the receipt thereof and shall be deemed to be given for purposes of this Agreement on the day that the receipt of such facsimile transmission is confirmed in accordance with the provisions of this Section 5.1. Unless otherwise specified in a notice sent or delivered in accordance with the foregoing provisions of this Section, notices, demands, instructions (including sent by telecopierpayment instructions) and other communications in writing shall be given to or made upon the respective parties hereto at their respective addresses and accounts indicated below, and, in the case of telephonic instructions or notices, by calling the telephone number or numbers indicated for such party below: If to the following addressIssuer: Borrower: Wilmington Credit Acceptance Auto Loan Trust Company Xxxxxx Square North 0000 2009-1 c/o U.S. Trust Bank National Association 000 Xxxxxxxx Xxxxxx, 0xx Xxxxx Xxxxxx Xxxxxx Xxxxxxxxxx, XX 00000 Attention: Xxxxxxx Xxxxxx Telephone: (000) 000-0000 Telecopy: (000) 000-0000 If to the Servicer: Credit Acceptance Corporation Silver Triangle Building 00000 Xxxx Xxxxxx Xxxx Xxxx, Xxxxx 0000 Xxxxxxxxxx, Xxxxxxxx 00000-0000 Attention: Xxxx Xxxx Telephone: (000) 000-0000 (ext. 4432) Telecopy: (000) 000-0000 If to the Trust Collateral Agent: Xxxxx Fargo Bank, National Association MAC #0000-000 Xxxxx Xxxxxx and Xxxxxxxxx Xxxxxx Xxxxxxxxxxx, Xxxxxxxxx 00000 Attention: Corporate Trust Services – Asset-Backed Administration Telephone: (000-) 000-0000 Telecopy: (000-) 000-0000 Liquidity ProviderIf to the Backup Servicer: Xxxxxxxxxx XxxxxXxxxx Fargo Bank, National Association MAC #0000-Xxxxxxxxxxx Xx Xxxxxxxxxxxx 0 X-00000 000 Xxxxx Xxxxxx and Xxxxxxxxx Xxxxxxx Xxxxxx Xxxxxxxxxxx, Xxxxxxxxx 00000 Attention: Structured Finance Corporate Trust Services – Asset-Backed Administration Telephone: +00-(000-) 000-0000 Telecopy: +00-(000) 000-000-0000 with a copy of any Notice of Borrowing to: Landesbank Baden-Württemberg 000 Xxxx Xxxxxx, Xxxx Xxxxxxxx, 00xx Xxxxx Xxx Xxxx, Xxx Xxxx 00000 Attention: Xxxxxxx Xxxxx, Vice President Xxxxx Xxxxxx, Assistant Vice President Xxxxxxx Xxx Telephone: 000-000-0000 Telecopy: 000-000-0000 or, as to each of the foregoing, at such other address as shall be designated by such Person in a Written Notice to the others. All such notices and communications shall be effective (i) if given by telecopier, when transmitted to the telecopier number specified above with receipt confirmed, and received in legible form (ii) if given by mail, five Business Days after being deposited in the mails addressed as specified above, and (iii) if given by other means, when delivered at the address specified above, except that written notices to the Primary Liquidity Provider pursuant to the provisions of Articles II and III shall not be effective until received by the Primary Liquidity Provider, subject to the last sentence of Section 2.02(f). A copy of all notices delivered hereunder to either party shall in addition be delivered to each of the parties to the Participation Agreements at their respective addresses set forth therein.0000
Appears in 1 contract
Samples: Backup Servicing Agreement (Credit Acceptance Corp)
Notices, Etc. Except as otherwise expressly provided herein, all notices and Any notice or other communications provided for hereunder communication required or permitted to be given by this Agreement or the other Loan Documents or by applicable law shall be made in writing and shall be deemed received (including a) on the date delivered, if sent by telecopier) and hand delivery (to the person or department if one is specified below) with receipt acknowledged by the recipient thereof, (b) three (3) Business Days following addressthe date deposited in U.S. mail, certified or registered, with return receipt requested, or (c) one (1) Business Day following the date deposited with Federal Express or other national overnight carrier, and in each case addressed as follows: To Borrower: Wilmington Trust Company ARC Lakeway, L.P. c/o American Retirement Corporation 000 Xxxxxxxx Xxxxx, Xxxxx 000 Xxxxxxxxx, Xxxxxxxxx 00000 ATTN:Xxxxxx Square North Xxxxx, Executive Vice President with a copy to: Bass, Xxxxx & Xxxx, PLC 000 Xxxxxxxxx Xxxxxx, Suite 2700 Nashville, Tennessee 37238-0002 ATTN:T. Xxxxxx Xxxxx, Esq. To Lender: GMAC Commercial Mortgage Bank 000 Xxxxx Xxxxxx Xxxxx, Suite 400 Chicago, Illinois 60606 ATTN:Construction Lending Department with a copy to: GMAC Commercial Mortgage Corporation 0000 Xxxxxxx Xxxxxx, Suite 1460 Dallas, Texas 75225 ATTN:Xxxxxxx Xxxxxx and a copy to: Xxxxxxx Xxxxx Xxxxxxx & Xxxxxxxxx LLP 000 00xx Xxxxxx, XX, Xxxxx 0000 Xxxxx Xxxxxx Xxxxxx Xxxxxxxxxx, XX 00000-0000 Attention: Corporate Trust Administration Telephone: 000-000-0000 Telecopy: 000-000-0000 Liquidity Provider: Xxxxxxxxxx 00000 ATTN:Xxxxx X. Xxxxx-Xxxxxxxxxxx Xx Xxxxxxxxxxxx 0 X-00000 Xxxxxxxxx Xxxxxxx Attention: Structured Finance Telephone: +00-000-000-0000 Telecopy: +00-000-000-0000 with a copy , Esq Either party may change its address to another single address by notice given as herein provided, except any change of address notice must be actually received in order to be effective. Each party agrees that it will not refuse or reject delivery of any Notice given in accordance with this Section 10.7 (Notices), that it will acknowledge, in writing, the receipt of Borrowing to: Landesbank Baden-Württemberg 000 Xxxx Xxxxxx, Xxxx Xxxxxxxx, 00xx Xxxxx Xxx Xxxx, Xxx Xxxx 00000 Attention: Xxxxxxx Xxxxx, Vice President Xxxxx Xxxxxx, Assistant Vice President Xxxxxxx Xxx Telephone: 000-000-0000 Telecopy: 000-000-0000 or, as to each of any Notice upon request by the foregoing, at such other address as party and that any Notice rejected or refused by it shall be designated by such Person in a Written Notice deemed for purposes of this Section 10.7 to the others. All such notices and communications shall be effective (i) if given by telecopier, when transmitted to the telecopier number specified above with receipt confirmed, and received in legible form (ii) if given by mail, five Business Days after being deposited in the mails addressed as specified above, and (iii) if given by other means, when delivered at the address specified above, except that written notices to the Primary Liquidity Provider pursuant to the provisions of Articles II and III shall not be effective until have been received by the Primary Liquidity Providerrejecting party on the date so refused or rejected, subject to as conclusively established by the last sentence of Section 2.02(f). A copy of all notices delivered hereunder to either party shall in addition be delivered to each records of the parties to U.S. Postal Service or the Participation Agreements at their respective addresses set forth thereincourier service.
Appears in 1 contract
Notices, Etc. Except as otherwise expressly provided herein, all All notices and other communications provided for hereunder shall be made in writing and shall be mailed (including by certified mail, postage prepaid and return receipt requested), sent by telecopier) and Federal Express or other recognized courier service (return receipt requested), telecopied or delivered by hand, if to any Pledgor, to it at the address specified for the Company in the Purchase Agreement or if to the following addressCollateral Agent, to it at the address specified in the Purchase Agreement or, if not a party to the Purchase Agreement as follows: BorrowerIf to the Company: Wilmington Trust Company Mohen, Inc. d/b/a Spiral Frog 00 Xxxxxx Square North Xxxxxx, Ground Fl. Xxx Xxxx, XX 00000 Attention: Chief Executive Officer With a copy to: Xxxxxx Xxxxxxx and Xxxx Xxx Xxxxxxx Xxxx Xxxxx Xxx Xxxx, XX 00000 Attention: Xxxxx Xxxxxxx, Esq. Telephone: (000) 000-0000 Facsimile: (000) 000-0000 If to other Pledgors, to: Xxxxx Xxxx Anteaus Capital 0000 Xxxxx Xxxxx Xxxxxx Xxxx, Suite 210 Beverly Hills, CA 90212 Xxxxx Xxxxx Anteaus Capital 0000 Xxxxx Xxxxx Xxxxxx XxxxxxxxxxXxxx, Suite 210 Beverly Hills, CA 90212 If to the Collateral Agent, to: Gottbetter Capital Finance, LLP 000 Xxxxxxx Xxxxxx, 00xx Xxxxx Xxx Xxxx, XX 00000-0000 00000 Attention: Corporate Trust Administration Xxxxx X. Xxxxxxx, Esq. Telephone: 212-400-6900 Facsimile: 000-000-0000 Telecopy: 000-000-0000 Liquidity Provider: Xxxxxxxxxx Xxxxx-Xxxxxxxxxxx Xx Xxxxxxxxxxxx 0 X-00000 Xxxxxxxxx Xxxxxxx Attention: Structured Finance Telephone: +00-000-000-0000 Telecopy: +00-000-000-0000 with a copy of any Notice of Borrowing to: Landesbank Baden-Württemberg 000 Xxxx Xxxxxx, Xxxx Xxxxxxxx, 00xx Xxxxx Xxx Xxxx, Xxx Xxxx 00000 Attention: Xxxxxxx Xxxxx, Vice President Xxxxx Xxxxxx, Assistant Vice President Xxxxxxx Xxx Telephone: 000-000-0000 Telecopy: 000-000-0000 or, or as to each of the foregoing, either such Person at such other address as shall be designated by such Person in a Written Notice written notice to such other Person complying as to delivery with the othersterms of this Section 11. All such notices and other communications shall be effective (i) if given sent by telecopiercertified mail, postage prepaid, return receipt requested, when transmitted to the telecopier number specified above with receipt confirmedreceived or three (3) Business Days after mailing, and received in legible form whichever first occurs, (ii) if given by mailtelecopied, five when transmitted and confirmation is received, provided same is on a Business Days after being deposited in Day and, if not, on the mails addressed as specified above, and next Business Day or (iii) if given delivered by hand or sent by Federal Express or other meansrecognized courier service (return receipt requested), when delivered at upon delivery, provided same is on a Business Day and, if not, on the address specified above, except that written notices to the Primary Liquidity Provider pursuant to the provisions of Articles II and III shall not be effective until received by the Primary Liquidity Provider, subject to the last sentence of Section 2.02(f). A copy of all notices delivered hereunder to either party shall in addition be delivered to each of the parties to the Participation Agreements at their respective addresses set forth thereinnext Business Day.
Appears in 1 contract
Samples: Pledge Agreement (Spiralfrog, Inc)
Notices, Etc. Except as otherwise expressly provided herein, all All notices and other communications provided for hereunder under any Loan Document shall be made in writing (including sent by telecopier) and to mailed, faxed, or delivered at the following address: Borrower: Wilmington Trust Company Xxxxxx Square North 0000 Xxxxx Xxxxxx Xxxxxx Xxxxxxxxxxaddresses set forth below, XX 00000-0000 Attention: Corporate Trust Administration Telephone: 000-000-0000 Telecopy: 000-000-0000 Liquidity Provider: Xxxxxxxxxx Xxxxx-Xxxxxxxxxxx Xx Xxxxxxxxxxxx 0 X-00000 Xxxxxxxxx Xxxxxxx Attention: Structured Finance Telephone: +00-000-000-0000 Telecopy: +00-000-000-0000 with a copy of any Notice of Borrowing to: Landesbank Baden-Württemberg 000 Xxxx Xxxxxx, Xxxx Xxxxxxxx, 00xx Xxxxx Xxx Xxxx, Xxx Xxxx 00000 Attention: Xxxxxxx Xxxxx, Vice President Xxxxx Xxxxxx, Assistant Vice President Xxxxxxx Xxx Telephone: 000-000-0000 Telecopy: 000-000-0000 or, as to each of the foregoing, or at such other address as shall be designated such party may specify by such Person in a Written Notice written notice to the othersother parties hereto: If to the Borrower: Green Plains Bluffton LLC 000 Xxxxxxx Xxxxxxx, Xxxxx 000 Xxxxx, XX 00000 Telephone: (000) 000-0000 Fax: (000) 000-0000 Attention: CFO With a copy (which shall not constitute notice) to: Green Plains Renewable Energy, Inc. 000 Xxxxxxx Xxxxxxx, Xxxxx 000 Xxxxx, XX 00000 Telephone: (000) 000-0000 Fax: (000) 000-0000 Attention: Xxxxxxxx Xxxxx, Corp. Sec. If to the Lender : AgStar Financial Services, PCA 0000 0xx Xxxxxx XX Xxxxx 000 Xxxxxxxxx XX 00000 Telephone: (000) 000-0000 Facsimile: (000) 000-0000 Attention: Xxxx Xxxxxxx With copies (which shall not constitute notice) to: Xxxx Plant Xxxxx 0000 Xxxx Xx. Xxxxxxx, Xxxxx 000 Xx. Xxxxx, XX 00000 Facsimile: (000) 000-0000 Attention: Xxxxxxx X. Xxxxxx All such notices and communications shall have been duly given and shall be effective effective: (ia) if given by telecopier, when delivered; (b) when transmitted via facsimile to the telecopier number specified above with receipt confirmed, and received in legible form set forth above; (iic) if given the Business Day following the day on which the same has been delivered prepaid (or pursuant to an invoice arrangement) to a reputable national overnight air courier service; or (d) the third Business Day following the day on which the same is sent by certified or registered mail, five Business Days after being deposited postage prepaid. Any confirmation sent by the Lender to the Borrower of any borrowing under this Agreement shall, in the mails addressed as specified aboveabsence of manifest error, be conclusive and (iii) if given by other means, when delivered at the address specified above, except that written notices to the Primary Liquidity Provider pursuant to the provisions of Articles II and III shall not be effective until received by the Primary Liquidity Provider, subject to the last sentence of Section 2.02(f). A copy of binding for all notices delivered hereunder to either party shall in addition be delivered to each of the parties to the Participation Agreements at their respective addresses set forth thereinpurposes.
Appears in 1 contract
Samples: Master Loan Agreement (Green Plains Renewable Energy, Inc.)
Notices, Etc. Except as otherwise expressly provided herein, all All notices and other communications provided for hereunder under any Loan Document shall be made in writing (including sent by telecopier) and to mailed, faxed, or delivered at the following address: Borrower: Wilmington Trust Company Xxxxxx Square North 0000 Xxxxx Xxxxxx Xxxxxx Xxxxxxxxxxaddresses set forth below, XX 00000-0000 Attention: Corporate Trust Administration Telephone: 000-000-0000 Telecopy: 000-000-0000 Liquidity Provider: Xxxxxxxxxx Xxxxx-Xxxxxxxxxxx Xx Xxxxxxxxxxxx 0 X-00000 Xxxxxxxxx Xxxxxxx Attention: Structured Finance Telephone: +00-000-000-0000 Telecopy: +00-000-000-0000 with a copy of any Notice of Borrowing to: Landesbank Baden-Württemberg 000 Xxxx Xxxxxx, Xxxx Xxxxxxxx, 00xx Xxxxx Xxx Xxxx, Xxx Xxxx 00000 Attention: Xxxxxxx Xxxxx, Vice President Xxxxx Xxxxxx, Assistant Vice President Xxxxxxx Xxx Telephone: 000-000-0000 Telecopy: 000-000-0000 or, as to each of the foregoing, or at such other address as shall be designated such party may specify by such Person in a Written Notice written notice to the othersother parties hereto: If to the Borrower: Green Plains Bluffton LLC 400 Xxxxxxx Xxxxxxx, Xxxxx 000 Xxxxx, XX 00000 Telephone: (000) 000-0000 Fax: (000) 000-0000 Attention: CFO With a copy (which shall Green Plains Renewable Energy, Inc. not constitute notice) to: 400 Xxxxxxx Xxxxxxx, Xxxxx 000 Xxxxx, XX 00000 Telephone: (000) 000-0000 Fax: (000) 000-0000 Attention: Mxxxxxxx Xxxxx, Corp. Sec. If to the Lender: AgStar Financial Services, PCA 3000 0xx Xxxxxx XX Xxxxx 000 Xxxxxxxxx XX 00000 Telephone: 900-000-0000 Facsimile: (000) 000-0000 Attention: Rxx Xxxxxx With copies (which shall not Gxxx Plant Mxxxx constitute notice) to: 1000 Xxxx Xx. Xxxxxxx, Xxxxx 000 Xx. Xxxxx, XX 00000 Facsimile: (000) 000-0000 Attention: Pxxxxxx X. Xxxxxx All such notices and communications shall have been duly given and shall be effective effective: (ia) if given by telecopier, when delivered; (b) when transmitted via facsimile to the telecopier number specified above with receipt confirmed, and received in legible form set forth above; (iic) if given the Business Day following the day on which the same has been delivered prepaid (or pursuant to an invoice arrangement) to a reputable national overnight air courier service; or (d) the third Business Day following the day on which the same is sent by certified or registered mail, five Business Days after being deposited postage prepaid. Any confirmation sent by the Lender to the Borrower of any borrowing under this Agreement shall, in the mails addressed as specified aboveabsence of manifest error, be conclusive and (iii) if given by other means, when delivered at the address specified above, except that written notices to the Primary Liquidity Provider pursuant to the provisions of Articles II and III shall not be effective until received by the Primary Liquidity Provider, subject to the last sentence of Section 2.02(f). A copy of binding for all notices delivered hereunder to either party shall in addition be delivered to each of the parties to the Participation Agreements at their respective addresses set forth thereinpurposes.
Appears in 1 contract
Samples: Master Loan Agreement (Green Plains Renewable Energy, Inc.)
Notices, Etc. (a) On and after the Assumption Date, Credit Acceptance and the Trust Collateral Agent hereby agree to provide to the Backup Servicer all notices required to be provided to the Servicer pursuant to the Sale and Servicing Agreement and the other Basic Documents, as well as a hard copy sent by a nationally recognized courier service with item tracking capability.
(b) Except as otherwise expressly provided hereinwhere telephonic instructions or notices are authorized herein to be given, all notices notices, demands, instructions and other communications provided for hereunder required or permitted to be given to or made upon any party hereto shall be made in writing and shall be sent electronically or by facsimile transmission with a confirmation of the receipt thereof and shall be deemed to be given for purposes of this Agreement on the day that the receipt of such facsimile transmission is confirmed in accordance with the provisions of this Section 5.1. Unless otherwise specified in a notice sent or delivered in accordance with the foregoing provisions of this Section, notices, demands, instructions (including sent by telecopierpayment instructions) and other communications in writing shall be given to or made upon the respective parties hereto at their respective addresses and accounts indicated below, and, in the case of telephonic instructions or notices, by calling the telephone number or numbers indicated for such party below: If to the following addressIssuer: Borrower: Wilmington Credit Acceptance Auto Loan Trust Company Xxxxxx Square North 0000 2010-1 c/o U.S. Trust Bank National Association 000 Xxxxxxxx Xxxxxx, 0xx Xxxxx Xxxxxx Xxxxxx Xxxxxxxxxx, XX 00000 Attention: Xxxxxxx Xxxxxx Telephone: (000) 000-0000 Telecopy: (000) 000-0000 If to the Servicer: Credit Acceptance Corporation Silver Triangle Building 00000 Xxxx Xxxxxx Xxxx Xxxx, Xxxxx 0000 Xxxxxxxxxx, Xxxxxxxx 00000-0000 Attention: Xxxx Xxxx Telephone: (000) 000-0000 (ext. 4432) Telecopy: (000) 000-0000 If to the Trust Collateral Agent: Xxxxx Fargo Bank, National Association MAC #0000-000 Xxxxx Xxxxxx and Xxxxxxxxx Xxxxxx Xxxxxxxxxxx, Xxxxxxxxx 00000 Attention: Corporate Trust Services – Asset-Backed Administration Telephone: (000-) 000-0000 Telecopy: (000-) 000-0000 Liquidity ProviderIf to the Backup Servicer: Xxxxxxxxxx XxxxxXxxxx Fargo Bank, National Association MAC #0000-Xxxxxxxxxxx Xx Xxxxxxxxxxxx 0 X-00000 000 Xxxxx Xxxxxx and Xxxxxxxxx Xxxxxxx Xxxxxx Xxxxxxxxxxx, Xxxxxxxxx 00000 Attention: Structured Finance Corporate Trust Services – Asset-Backed Administration Telephone: +00-(000-) 000-0000 Telecopy: +00-(000) 000-000-0000 with a copy of any Notice of Borrowing to: Landesbank Baden-Württemberg 000 Xxxx Xxxxxx, Xxxx Xxxxxxxx, 00xx Xxxxx Xxx Xxxx, Xxx Xxxx 00000 Attention: Xxxxxxx Xxxxx, Vice President Xxxxx Xxxxxx, Assistant Vice President Xxxxxxx Xxx Telephone: 000-000-0000 Telecopy: 000-000-0000 or, as to each of the foregoing, at such other address as shall be designated by such Person in a Written Notice to the others. All such notices and communications shall be effective (i) if given by telecopier, when transmitted to the telecopier number specified above with receipt confirmed, and received in legible form (ii) if given by mail, five Business Days after being deposited in the mails addressed as specified above, and (iii) if given by other means, when delivered at the address specified above, except that written notices to the Primary Liquidity Provider pursuant to the provisions of Articles II and III shall not be effective until received by the Primary Liquidity Provider, subject to the last sentence of Section 2.02(f). A copy of all notices delivered hereunder to either party shall in addition be delivered to each of the parties to the Participation Agreements at their respective addresses set forth therein.0000
Appears in 1 contract
Samples: Backup Servicing Agreement (Credit Acceptance Corp)
Notices, Etc. Except as otherwise expressly provided herein, all All notices and other communications provided for hereunder shall be made in writing (including sent by telecopiertelegraphic, telecopy or telex communication) and mailed, telegraphed, telecopied, telexed, delivered by overnight courier service or personally served, if to the following address: Borrower: Wilmington Trust Company Xxxxxx Square North 0000 Xxxxx Xxxxxx Xxxxxx XxxxxxxxxxApplied Graphics Technologies, XX 00000-0000 Attention: Corporate Trust Administration Telephone: 000-000-0000 Telecopy: 000-000-0000 Liquidity Provider: Xxxxxxxxxx Xxxxx-Xxxxxxxxxxx Xx Xxxxxxxxxxxx 0 X-00000 Xxxxxxxxx Xxxxxxx Attention: Structured Finance Telephone: +00-000-000-0000 Telecopy: +00-000-000-0000 with a copy of any Notice of Borrowing to: Landesbank Baden-Württemberg 000 Xxxx Xxxxxx, Xxxx Xxxxxxxx, 00xx Xxxxx Xxx Inc. 450 West 33rd Street 11th Floor Nxx Xxxx, Xxx Xxxx 00000 Xxxxxxxxx: Xxxxx Xxxxxxxxx Xxxxxxx Telephone No.: (212) 716-6730 Facsimile No.: (212) 716-6786 xith a copy to: Xxxxxxx Xxxxxxcs Technologies, Inc. 450 West 33rd Street 3rd Floor Xxx Xork, New York 10001 Attention: Xxxxxxx Chief Legal Officer Telephone No.: (212) 210-6345 Facsimile No.: (212) 210-2312 if to the Administrative Agent: Fleet National Bank 777 Main Street Hartford, CT 06115 Xxxxxxxxx: Xxxxx X. Xxxxx Xxxxxxone No.: (860) 986-5642 Xxcsimile No.: (860) 986-2435 xith a copy to: Xxxxx Xxxxx Xxwe & Maw 1675 Broadway Xxx Xxxx, Xxw York 10019 Xxxxxxxxx: Xxxxx Xxxxx, Vice President Xxxxx XxxxxxXxx. Xxlephone No.: (212) 506-2570 Facsimile No.: (212) 262-1910 xf to any Lender or the Issuing Banx, Assistant Vice President Xxxxxxx Xxx Telephone: 000-000-0000 Telecopy: 000-000-0000 xx xxx Xxxxstic Lending Office specified opposite its name on Schedule I attached hereto or, if applicable, as otherwise specified in the Assignment and Acceptance pursuant to which it became a Lender Party; or, as to each of the foregoingBorrower or the Administrative Agent, at such other address as shall be designated by such Person party in a Written Notice written notice to the othersother parties and, as to each other party, at such other address as shall be designated by such party in a written notice to the Borrower and the Administrative Agent. All such notices and communications shall shall, (w) when mailed by certified mail, return receipt requested, be effective three (i3) if given by telecopierdays after mailing, (x) when transmitted telegraphed, telecopied or telexed, be effective upon delivery to the telegraph company, upon transmission by telecopier number specified above with receipt confirmedor upon confirmation by telex answerback, (y) when delivered in person, be effective when delivered and received in legible form (iiz) if given when delivered by mailovernight courier, five be effective two (2) Business Days after being deposited in delivery to the mails addressed as specified above, and (iii) if given by other means, when delivered at the address specified abovecourier properly addressed, except that written notices and communications to the Primary Liquidity Provider Administrative Agent pursuant to the provisions of Articles II and Article II, III or VII shall not be effective until received by the Primary Liquidity ProviderAdministrative Agent. Delivery by telecopier of an executed counterpart of this Agreement, subject to the last sentence Notes or any other Loan Document or of Section 2.02(f). A copy any Exhibit hereto or thereto or of all notices delivered hereunder to either party any amendment or waiver of any provision hereof or thereof shall in addition be delivered to each as effective as delivery of the parties to the Participation Agreements at their respective addresses set forth thereina manually executed counterpart thereof.
Appears in 1 contract
Samples: Credit Agreement (Applied Graphics Technologies Inc)
Notices, Etc. Except as otherwise expressly provided herein(a) All notices, all notices demands, requests and other communications provided for hereunder in this Agreement shall be made given in writing writing, or by any telecommunication device capable of creating a written record (including sent by telecopier) electronic mail), and addressed to the following addressparty to be notified as follows:
(i) if to the Loan Parties, to the US Obligors' Agent: Borrower: Wilmington Trust Polaroid Holding Company 0000 Xxxx Xxxxxx Square North 0000 Xxxxx Xxxxxx Xxxxxx XxxxxxxxxxXxxxxxx, XX 00000-0000 Xxxxxxxxxxxxx 00000 Attention: Corporate Trust Administration TelephoneTreasurer Telecopy no: 000-000-0000 Telecopy: 000-000-0000 Liquidity Provider: Xxxxxxxxxx Xxxxx-Xxxxxxxxxxx Xx Xxxxxxxxxxxx 0 X-00000 Xxxxxxxxx Xxxxxxx Attention: Structured Finance Telephone: +00-000-000-0000 Telecopy: +00-000-000-0000 with a copy to: Polaroid Holding Corporation 0000 Xxxx Xxxxxx Xxxxxxx, Xxxxxxxxxxxxx 00000 Attention: General Counsel Telecopy no: 000-000-0000
(ii) if to any Lender, at its Domestic Lending Office specified opposite its name on Schedule II or on the signature page of any Notice of Borrowing toapplicable Assignment and Acceptance;
(iii) if to any Issuer, at the address set forth under its name on the signature page hereof; and
(iv) if to the Domestic Administrative Agent: Landesbank Baden-Württemberg Citicorp USA, Inc. 000 Xxxx Xxxxxx, Xxxx Xxxxxxxx, 00xx Xxxxx Xxxxxxxxx Xxxxxx Xxx Xxxx, Xxx Xxxx 00000 Attention: Xxxxxxx Xxxxx, Vice President Xxxxx Xxxxxx, Assistant Vice President Xxxxxxx Xxx TelephoneXxxxxx Xxxxxx Telecopy no: 000-000-0000 Telecopyif to the Foreign Administrative Agent: Bank of America, N.A. New Xxxxx Xxxxxx Xxxxx 00 Xxx Xxxxx Xxxxxx Xxxxxx XX0X 0XX Attention: Xxxxxxx Xxxxx Telecopy no: + 00 (000-) 000 0000 in each case, with a copy to: Weil, Gotshal & Xxxxxx One Xxxxx Xxxxx, Xxxxxx XX0X 0XX Attention: Xxxxxxx X. Xxxxxxxx, Esq. Telecopy no: +00 (000) 000-0000 or, as to each of the foregoing, or at such other address as shall be designated by such Person notified in a Written Notice writing (A) in the case of the Borrowers and the Administrative Agents, to the others. other parties and (B) in the case of all other parties, to the Borrowers and the Administrative Agents.
(b) All such notices and communications shall be effective (i) upon personal delivery (if given delivered by telecopierhand, when transmitted to the telecopier number specified above with receipt confirmedincluding any overnight courier service), and received in legible form (ii) if given by mail, five Business Days after being when deposited in the mails addressed as specified above(if sent by mail), and (iii) if given by when such notice, demand, request, consent and other meanscommunication shall have been made generally available on such Approved Electronic Platform, when delivered at the address specified above, except that written notices Internet website or similar device to the Primary Liquidity Provider class of Person being notified (regardless of whether any such Person must accomplish, and whether or not any such Person shall have accomplished, any action prior to obtaining access to such items, including registration, disclosure of contact information, compliance with a standard user agreement or undertaking a duty of confidentiality) (if delivered by posting to an Approved Electronic Platform, an Internet website or a similar telecommunication device requiring a user prior access to such Approved Electronic Platform, website or other device) or (iv) when properly transmitted (if delivered by electronic mail or by any other telecommunications device); provided, however, that notices and communications to the Administrative Agents pursuant to the provisions of Articles Article II and III (THE FACILITIES) or Article X (THE ADMINISTRATIVE AGENTS) shall not be effective until received by the Primary Liquidity ProviderAdministrative Agents.
(c) Notwithstanding paragraphs (a) and (b) above (unless either Administrative Agent requests that the provisions of paragraphs (a) and (b) above be followed) and any other provision in this Agreement or any other Loan Document providing for the delivery of, subject any Approved Electronic Communication by any other means, the Loan Parties shall deliver all Approved Electronic Communications to the last sentence of Section 2.02(f). A copy of all notices delivered hereunder to either party shall Administrative Agent by properly transmitting such Approved Electronic Communications electronically (in addition be delivered to each of the parties a format acceptable to the Participation Agreements at their respective addresses set forth thereinrelevant Administrative Agent) to xxxxxxxxxxxxxxx@xxxxxxxxx.xxx or such other electronic mail address (or similar means of electronic delivery) as the relevant Administrative Agent may notify the Obligors' Agent. Nothing in this paragraph (c) shall prejudice the right of either Administrative Agent or any Lender or Issuer to deliver any Approved Electronic Communication to any Loan Party in any manner authorized in this Agreement.
Appears in 1 contract
Samples: Fifth Waiver and Amendment Letter (Polaroid Holding Co)
Notices, Etc. Except as otherwise expressly provided herein, all All notices and other communications ------------ provided for hereunder shall be made in writing (including sent by telecopiertelegraphic or telecopy communication) and mailed, telegraphed, telecopied or delivered, if to the following address: Borrower: Wilmington Trust Company Xxxxxx Square North 0000 Parent Guarantor, BMAC Holdings, Inc., c/o Better Minerals & Aggregates Company, Xxxxx Xxxxxx Xxxxxx Xxxxxxxxxx000 Xxxxx, X.X. Xxx 000, Xxxxxxxx Xxxxxxx, XX 00000-0000 ; if to the Borrower, Better Minerals & Aggregates Company, Xxxxx 000 Xxxxx, X.X. Xxx 000, Xxxxxxxx Xxxxxxx, XX 00000; if to the Canadian Borrower, Xxxxxx X. Xxxxxxxx (Canada) Limited, c/o Better Minerals & Aggregates Company, Xxxxx 000 Xxxxx, X.X. Xxx 000, Xxxxxxxx Xxxxxxx, XX 00000, Attention: Corporate Trust Administration Telephone: Chief Financial Officer/Treasurer, telecopier number (000) 000-000-0000 Telecopy: 000-000-0000 Liquidity Provider: Xxxxxxxxxx Xxxxx-Xxxxxxxxxxx Xx Xxxxxxxxxxxx 0 X-00000 Xxxxxxxxx Xxxxxxx Attention: Structured Finance Telephone: +00-000-000-0000 Telecopy: +00-000-000-0000 0000, with a copy of any Notice of Borrowing to: Landesbank Baden-Württemberg to USS Holdings, Inc., c/o D. Xxxxxx Xxxxxx & Associates, Inc., 000 Xxxx Xxxxxx, 00xx Xxxxx, Xxx Xxxx, XX 00000, Attention: Treasurer, telecopier number (000) 000-0000; if to any Initial Lender or the Initial Issuing Bank, at its Domestic Lending Office or Canadian Domestic Lending Office, as applicable, specified opposite its name on Schedule I hereto; if to any other Lender Party, at its Domestic Lending Office or Canadian Domestic Lending Office, as applicable, specified in the Assignment and Acceptance pursuant to which it became a Lender Party; and if to the Agent, at its address at 000 Xxxx XxxxxxxxXxxxxx, 00xx Xxxxx Xxx Xxxx, Xxx Xxxx 00000 00000, Attention: Xxxxxxx XxxxxStructured Finance Group, Vice President Xxxxx Xxxxxx, Assistant Vice President Xxxxxxx Xxx Telephone: telecopier number (000) 000-000-0000 Telecopy: 000-000-0000 0000; or, as to each of the foregoingparty, at such other address as shall be designated by such Person party in a Written Notice written notice to the othersother parties. All such notices and communications shall shall, when mailed, telegraphed, telecopied or delivered, be effective (i) if given when received by telecopier, when transmitted to the telecopier number specified above with receipt confirmed, and received in legible form (ii) if given by mail, five Business Days after being deposited in the mails addressed as specified above, and (iii) if given by other means, when delivered at the address specified aboveaddressee, except that written notices and communications to the Primary Liquidity Provider Agent pursuant to the provisions of Articles II and Article II, III or VII shall not be effective until received by the Primary Liquidity Provider, subject 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 the last sentence of Section 2.02(f). A copy of all notices be executed and delivered hereunder to either party shall in addition be delivered to each effective as delivery of the parties to the Participation Agreements at their respective addresses set forth thereina manually executed counterpart thereof.
Appears in 1 contract
Samples: Credit Agreement (Commercial Aggregates Transportation & Sales LLC)
Notices, Etc. Except as otherwise expressly provided herein(a) Notices, all notices consents, requests, approvals, demands and other communications (collectively "Communications") provided for hereunder herein shall be made in writing (including sent by telecopiertelecopy, telegraphic, telex or cable communications) and mailed, telecopied, telegraphed, telexed, cabled or delivered: If to the following addressBorrower or any of its Subsidiaries, to it at: BorrowerBellwether Exploration Company 0000 Xxxxx, Suite 1455 Houston, Texas 00000-0000 Telephone Number: Wilmington Trust Company Xxxxxx Square North (000) 000-0000 Xxxxx Xxxxxx Xxxxxx Xxxxxxxxxx, XX 00000Telecopy Number: (000) 000-0000 Attention: Corporate Trust Administration TelephoneX. Xxxxx Sere If to the Agent, to it at: The Chase Manhattan Bank Texas Commerce Bank National Association 707 Xxxxxx, 5 TCBN-86 Xxxxxxx, Xxxxx 00000 Telephone Number: (000-) 000-0000 TelecopyTelecopy Number: (000-) 000-0000 Liquidity Provider: Xxxxxxxxxx Xxxxx-Xxxxxxxxxxx Xx Xxxxxxxxxxxx 0 X-00000 Xxxxxxxxx Xxxxxxx Attention: Structured Finance Telephone: +00-000-000-0000 Telecopy: +00-000-000-0000 Xxxx X. Xxxxxxx If such notice to the Agent relates to fundings or payments, with a copy of any Notice of Borrowing to: Landesbank Baden-Württemberg The Chase Manhattan Bank 000 Xxxx 00xx Xxxxxx, Xxxx Xxxxxxxx, 00xx Xxxxx Xxx Xxxx, Xxx Xxxx 00000 Telephone Number: (000) 000-0000 Telecopy Number: (000) 000-0000 Attention: Xxxxxxx XxxxxXxxxxx Xxxxxxx, Vice President Xxxxx XxxxxxIf to any Bank, Assistant Vice President Xxxxxxx Xxx Telephone: 000-000-0000 Telecopy: 000-000-0000 as specified on Schedule 1.1 hereto or in the appropriate Commitment Transfer Supplement pursuant to Section 10.9.
(b) All Communications, except as otherwise expressly provided in the Loan Documents, must be in writing and must be mailed, telecopied or delivered, to the appropriate party at the address set forth herein or other applicable Loan Document or, as to each of the foregoingany party to any Loan Document, at such any other address as shall may be designated by such Person it in a Written Notice written notice sent to all other parties to such Loan Document in accordance with this Section 10.2.
(c) Any Communication given by telecopier must be confirmed within 48 hours by letter mailed or delivered to the othersappropriate party at its respective address. All such notices and communications Except as otherwise expressly provided in any Loan Document, any Communication required or permitted by any Loan Document given in compliance with this Section 10.2 shall be effective (i) if given by telecopier, when transmitted to the telecopier number specified above with receipt confirmed, and received in legible form (ii) if given by mail, five Business Days after being deposited in the mails addressed as specified above, and (iii) if given by other means, when delivered at the address specified above, except that written notices to the Primary Liquidity Provider pursuant to the provisions of Articles II and III shall not be effective until received by the Primary Liquidity Provider, subject to the last sentence of Section 2.02(f). A copy of all notices delivered hereunder to either party shall in addition be delivered to each of the parties to the Participation Agreements at their respective addresses set forth thereinor delivered.
Appears in 1 contract
Notices, Etc. Except All notices and communications hereunder shall be in writing and sent or delivered by mail, telegraph, telex, telecopy, cable or overnight courier service and all such notices and communications shall, when mailed, telegraphed, telexed, telecopied, or cabled or sent by overnight courier, be effective when deposited in the mails, delivered to the telegraph company, cable company or overnight courier, as otherwise expressly provided hereinthe case may be, all or sent by telex or telecopier, except that notices and communications to the Pledgee or the Pledgor shall not be effective until received by the Pledgee or the Pledgor, as the case may be. All such notices and other communications provided for hereunder shall be made in writing and addressed as follows: Strategic Hotel Funding, L.L.C. 00 Xxxx Xxxxxx Xxxxx, Suite 4600 Chicago, Illinois 60601 Telephone No.: (including sent by telecopier000) and to the following address: Borrower: Wilmington Trust Company Xxxxxx Square North 0000 Xxxxx Xxxxxx Xxxxxx Xxxxxxxxxx, XX 00000-0000 Attention: Corporate Trust Administration Telephone: 000-000-0000 TelecopyTelecopier No.: (000-) 000-0000 Liquidity ProviderAttn: Xxxxxxxxxx General Counsel with a copy to: Strategic Hotel Funding, L.L.C. 00 Xxxx Xxxxxx Xxxxx-Xxxxxxxxxxx Xx Xxxxxxxxxxxx 0 X-00000 Xxxxxxxxx Xxxxxxx Attention, Suite 4600 Chicago, Illinois 60601 Telephone No.: Structured Finance Telephone: +00-(000-) 000-0000 TelecopyTelecopier No.: +00-(000-) 000-0000 with a copy of any Notice of Borrowing toAttn: Landesbank BadenTreasurer and Xxxxxxx Coie LLP Suite 1700 000 Xxxxx Xxxxxxxx Xxxxxx Xxxxxxx, Xxxxxxxx 00000 Telephone No.: (000) 000-Württemberg 000 0000 Telecopier No.: (000) 000-0000 Attn: Xxxxx X. Bonjour
(a) if to the Pledgee, at: 00 Xxxx Xxxxxx, Xxxx Xxxxxxxx, 00xx Xxxxx Xxxxxx Xxx Xxxx, Xxx Xxxx 00000 Attention: Xxxxx Xxxxxxx Xxxxx, Vice President Xxxxx Xxxxxx, Assistant Vice President Xxxxxxx Xxx TelephoneTelephone No.: (000-) 000-0000 TelecopyTelecopier No.: (000-) 000-0000 orwith a copy to: Skadden, Arps, Slate, Xxxxxxx & Xxxx LLP Xxxx Xxxxx Xxxxxx Xxx Xxxx, Xxx Xxxx 00000 Attention: Xxxxxx X. Xxxx Telephone No.: (000) 000-0000 Telecopier No.: (000) 000-0000 (b) if to any Secured Creditor, at such address as to each of such Secured Creditor shall have specified in the foregoing, Credit Agreement; or at such other address or addressed to such other individual as shall be designated have been furnished in writing by such any Person in a Written Notice described above to the others. All such notices and communications shall be effective (i) if given by telecopier, when transmitted party required to the telecopier number specified above with receipt confirmed, and received in legible form (ii) if given by mail, five Business Days after being deposited in the mails addressed as specified above, and (iii) if given by other means, when delivered at the address specified above, except that written notices to the Primary Liquidity Provider pursuant to the provisions of Articles II and III shall not be effective until received by the Primary Liquidity Provider, subject to the last sentence of Section 2.02(f). A copy of all notices delivered hereunder to either party shall in addition be delivered to each of the parties to the Participation Agreements at their respective addresses set forth thereingive notice hereunder.
Appears in 1 contract
Notices, Etc. Except as otherwise expressly provided herein, all All notices and other communications provided for hereunder shall be made in writing and mailed, facsimile transmitted or delivered as follows: “ All notices and other communications provided for hereunder shall be in writing and mailed, facsimile transmitted or delivered as follows: 4822-8289-8388 To the Borrowers: Bulk Nordic Orion (including sent by telecopierMI) and to the following address: Borrower: Wilmington Corp. Bulk Nordic Odyssey (MI) Corp. Trust Company Xxxxxx Square North 0000 Complex Ajeltake Road Ajeltake Island Majuro MH 96960, Xxxxxxxx Islands With a copy to: Phoenix Bulk Carriers (US) LLC 000 Xxxx Xxxxx Xxxxxxx, Xxxxx Xxxxxx Xxxxxx Xxxxxxxxxx, XX 00000-0000 00000 Attention: Corporate Trust Administration TelephoneGianni Del Xxxxxxx Facsimile: (000-) 000-0000 TelecopyTo the Lender: Banc of America Leasing & Capital, LLC 0000 Xxxxxxxxx Xxxxxxx Xxxxxx, Xxxxxxx 00000 Attention: Operations Manager Facsimile: (___) ____________ With a copy to: Xxxxxxx X. Xxxxxxx, Esq. Baker, Donelson, Xxxxxx, Xxxxxxxx & Xxxxxxxxx 000 Xxxxx Xxxxxx Xxxxxxxxx, Xxxxxxxx 00000 Facsimile: (000-) 000-0000 Liquidity Provider: Xxxxxxxxxx Xxxxx-Xxxxxxxxxxx Xx Xxxxxxxxxxxx 0 X-00000 Xxxxxxxxx Xxxxxxx Attention: Structured Finance Telephone: +00-000-000-0000 Telecopy: +00-000-000-0000 with a copy of any Notice of Borrowing to: Landesbank Baden-Württemberg 000 Xxxx Xxxxxx, Xxxx Xxxxxxxx, 00xx Xxxxx Xxx Xxxx, Xxx Xxxx 00000 Attention: Xxxxxxx Xxxxx, Vice President Xxxxx Xxxxxx, Assistant Vice President Xxxxxxx Xxx Telephone: 000-000-0000 Telecopy: 000-000-0000 or, as or to each of the foregoing, at such other address as shall be designated by such Person party in a Written Notice written notice to the othersother party. All such notices and communications shall shall, when mailed, be sent by first class registered mail, postage prepaid, return receipt requested and be effective three (i3) if given by telecopier, when transmitted to the telecopier number specified above with receipt confirmed, and received in legible form (ii) if given by mail, five Business Days after being deposited in the U.S. mails addressed as specified above, and (iii) aforesaid. All notices sent by facsimile transmission shall be effective when sent if given by other means, when delivered on a Business Day at the address specified aboverecipient’s office and not later than 1:00 p.m. at the recipient’s office, except provided that written notices to the Primary Liquidity Provider pursuant to the provisions of Articles II and III shall not be effective until (i) an appropriate answerback has been received by the Primary Liquidity Provider, subject sending party and (ii) such facsimile is confirmed by mailing to the last sentence receiving party, at its address given above, a copy of Section 2.02(fsuch facsimile transmission postage prepaid by first class mail (air mail, if international). A copy All other forms of all notices delivered hereunder to either party written notice or other communication shall in addition be delivered to each of the parties to the Participation Agreements at their respective addresses set forth thereineffective only upon receipt.
Appears in 1 contract
Samples: Loan and Security Agreement (Pangaea Logistics Solutions Ltd.)
Notices, Etc. (a) Except in the case of notices and other communications expressly permitted to be given by telephone (or by e-mail as otherwise expressly provided hereinin paragraph (b) below), all notices and other communications provided for hereunder herein shall be made in writing and mailed by certified or registered mail, delivered by hand or overnight courier service as follows:
(including sent by telecopieri) and If to the following address: Borrower: Wilmington Trust Company Xxxxxx Square North , to it at Caliber Home Loans, Inc., 0000 Xxxxx Xxxxxx Xxxxxx XxxxxxxxxxXxxx Xxxx Xxxx, Xxxxxxx, XX 00000-0000 Attention: Corporate Trust Administration Telephone: , Attention of Xxxxx Xxxxxxx (Telephone No. 000-000-0000 Telecopy0000; E-mail: xxxxx.xxxxxxx@xxxxxxxxxxxxxxxx.xxx) with a copy to Xxxx Xxx (Telephone No. 000-000-0000; E-mail: xxxx.xxx@xxxxxxxxxxxxxxxx.xxx).
(ii) If to the Lender, to it at Federal Home Loan Mortgage Corporation, 0000 Liquidity Provider: Xxxxxxxxxx Xxxx Xxx Xxxxx-Xxxxxxxxxxx Xx Xxxxxxxxxxxx 0 X-00000 Xxxxxxxxx Xxxxxxx , XxXxxx, VA 22102, Attention: Structured Finance Telephone: +00-Director, Direct Lending Program (Telephone No. 000-000-0000; E-mail: XXX_XXX@XxxxxxxXxx.xxx); with a copy to: Federal Home Loan Mortgage Corporation, 0000 TelecopyXxxxx Xxxxxx Drive, Legal Division, McLean, VA 22102, Attention: +00-Xxxxx XxxXxxxxx, Vice President and Deputy General Counsel Securities (Telephone No. 000-000-0000 with a copy 0000; E-mail: xxxxx_xxxxxxxxx@xxxxxxxxxx.xxx).
(b) Notices mailed by certified or registered mail or sent by hand or overnight courier service shall be deemed to have been given when received.
(c) Notices and other communications to the Lender hereunder may be delivered or furnished by electronic communications (including e-mail and internet or intranet websites) pursuant to procedures approved by the Lender from time to time, it being agreed that, as of the date of this Agreement, the Lender has consented to receive (i) the Servicing Schedule by posting to an FTP site which the Borrower has provided full access to each Person to whom notices may be sent hereunder, and (ii) any reporting required to be delivered under Section 7.07 hereof, any Notice of Borrowing to: Landesbank Baden-Württemberg 000 Xxxx Xxxxxx, Xxxx Xxxxxxxx, 00xx Xxxxx Xxx Xxxx, Xxx Xxxx 00000 Attention: Xxxxxxx Xxxxx, Vice President Xxxxx Xxxxxx, Assistant Vice President Xxxxxxx Xxx Telephone: 000-000-0000 Telecopy: 000-000-0000 or, as and any other notices required to each of the foregoing, at such other address as shall be designated by such Person in a Written Notice to the others. All such notices and communications shall be effective (i) if given by telecopier, when transmitted to the telecopier number specified above with receipt confirmed, and received in legible form (ii) if given by mail, five Business Days after being deposited in the mails addressed as specified above, and (iii) if given by other means, when delivered at the address specified above, except that written notices to the Primary Liquidity Provider pursuant to the provisions of Articles II and III shall not be effective until received by the Primary Liquidity Provider, subject to the last sentence of Section 2.02(f). A copy of all notices delivered hereunder to either party shall in addition be delivered to each the Lender under this Agreement, by email as set forth above. The Lender or the Borrower (on behalf of the parties Borrower) may, in its discretion, agree to accept notices and other communications to it hereunder by electronic communications pursuant to procedures approved by it; provided that, approval of such procedures may be limited to particular notices or communications; provided further that any written notice or request transmitted by e-mail or other direct written electronic means shall (x) be deemed to have been validly and effectively given on the day (if a Business Day, and, if not, on the next Business Day) on which it is transmitted; and (y) must be confirmed in writing the following Business Day by sending a copy of such written notice or request to the Participation Agreements intended recipient by one of the other notice methods described in this Agreement (other than by electronic mail or other direct electronic means); provided further that unless the Lender specifies otherwise, notices or communications by or on behalf of the Lender posted to an Internet or intranet website shall be deemed received upon the deemed receipt by the intended recipient at their respective addresses set forth thereinits e-mail address as described in the foregoing proviso of notification that such notice or communication is available and identifying the website address therefor.
(d) Either Party may change its address for notices and other communications hereunder by notice to the other Party in the manner provided above.
(e) Notices made to the Borrower in the manner provided above shall be deemed to be made to each Responsible Officer at the time made to the Borrower.
Appears in 1 contract
Samples: Loan and Security Agreement (Caliber Home Loans, Inc.)