Notices, Etc. All notices and other communications provided for hereunder shall be in writing (including telecopier, telegraphic or telex communication) and mailed, telecopied, telegraphed, telexed or delivered, if to the Borrower, at its address at 0000 0xx Xxxxxx, Xxxxxxx, XX 00000, Attention: Treasurer; if to any Initial Lender, at its Domestic Lending Office specified opposite its name on Schedule I hereto; if to any other Lender, at its Domestic Lending Office specified in the Assignment and Acceptance pursuant to which it became a Lender; and if to the Agent, at its address at Xxx Xxxx Xxx Xxxxx, Xxxxxxx Xxxxxxxx, 00000, Attention: Xxxx Xxxxxx; or, as to the Borrower or the Agent, at such other address as shall be designated by such party in a written notice to the other parties and, as to each other party, at such other address as shall be designated by such party in a written notice to the Borrower and the Agent. All such notices and communications shall, when mailed, telecopied, telegraphed or telexed, be effective when deposited in the mails, telecopied, delivered to the telegraph company or confirmed by telex answerback, respectively, except that notices and communications to the Agent pursuant to Article II, III or VII shall not be effective until received by the Agent. Delivery by telecopier of an executed counterpart of any amendment or waiver of any provision of this Agreement or the Notes or of any Exhibit hereto to be executed and delivered hereunder shall be effective as delivery of a manually executed counterpart thereof.
Appears in 4 contracts
Samples: Credit Agreement (Michigan Consolidated Gas Co /Mi/), Credit Agreement (Michigan Consolidated Gas Co /Mi/), Credit Agreement (Michigan Consolidated Gas Co /Mi/)
Notices, Etc. All notices and other communications provided for hereunder shall be in writing (including telecopier, telegraphic telegraphic, telex or telex cable communication) and mailed, telecopied, telegraphed, telexed telexed, cabled or delivered, if to the Borrower, at its address at 0000 0xx Xxxxxx Xxxxxx, XxxxxxxXxxxxxxxxxxx, XX Xxxxxxxxxxxx 00000, Attention: Vice President-Finance and Treasurer, S21-1, Telecopy: (000) 000-0000; if to any Initial LenderBank, at its Domestic Lending Office specified opposite its name on Schedule I hereto; if to any other Lender, at its Domestic Lending Office specified in the Assignment and Acceptance or Additional Lender Supplement pursuant to which it became a Lender; and if to the Administrative Agent, at its address at Xxx Xxxx Xxx XxxxxOne First National Plaza, Xxxxxxx XxxxxxxxMail Suite 0634, 1FPN-10, Xxxxxxx, Xxxxxxxx 00000, Attention: Xxxx Xx. Xxx Xxxxxx; , Telecopy: (000) 000-0000 or, as to the Borrower or the Agenteach party, at such other address as shall be designated by such party in a written notice to the other parties and, as to each other party, at such other address as shall be designated by such party in a written notice to the Borrower and the Agentparties. All such notices and communications shall, when mailed, telecopied, telegraphed telegraphed, telexed or telexedcabled, be effective when deposited in the mails, telecopied, delivered to the telegraph company or company, confirmed by telex answerbackanswerback or delivered to the cable company, respectively, except that notices and communications to the Administrative Agent pursuant to Article II, III II or VII shall not be effective until received by the Administrative Agent. Delivery by telecopier of an executed counterpart of any amendment or waiver of any provision of this Agreement or the Notes or of any Exhibit hereto to be executed and delivered hereunder shall be effective as delivery of a manually executed counterpart thereof.
Appears in 4 contracts
Samples: Revolving Credit Agreement (Peco Energy Co), Revolving Credit Agreement (Peco Energy Co), 364 Day Credit Agreement (Peco Energy Co)
Notices, Etc. All notices and other communications provided for hereunder and under the other Loan Documents shall be in writing (including telecopier, telegraphic telegraphic, telex or telex cable communication) and mailed, telecopied, telegraphed, telexed telexed, cabled or delivered, if to the Borrower, at its address at 0000 0xx XxxxxxXxxxx Xxxxxxxx Xxxx, Xxxxxxx, XX Xxxxxxxxx 00000-0000 Attn: Treasurer, or X.X. Xxx 00000, AttentionXxxxxxx, Xxxxxxxxx 00000-0000 Attn: Treasurer; if to any Initial LenderBank, at its Domestic Lending Office specified opposite its name on Schedule I hereto; if to any other Lender, at its Domestic Lending Office specified in the Lender Assignment and Acceptance pursuant to which it became a Lender; and if to the Agent, at its address at Xxx 0 Xxxx Xxx Xxxxx, Xxxxxxx XxxxxxxxXxxxxxx, Xxxxxxxx 00000, Attention: Xxxx XxxxxxXxxxxx X. Xxxxx; or, as to the Borrower or the Agenteach party, at such other address as shall be designated by such party in a written notice to the other parties and, as to each other party, at such other address as shall be designated by such party in a written notice to the Borrower and the Agentparties. All such notices and communications shall, when mailed, telecopied, telegraphed telegraphed, telexed or telexedcabled, be effective when five days after being deposited in the mails, telecopied, or when delivered to the telegraph company or company, telecopied, confirmed by telex answerbackanswerback or delivered to the cable company, respectively, except that notices and communications to the Agent pursuant to Article II, III II or VII shall not be effective until received by the Agent. Delivery by telecopier of an executed counterpart of any amendment or waiver of any provision of this Agreement or the Notes or of any Exhibit hereto to be executed and delivered hereunder shall be effective as delivery of a manually executed counterpart thereof.
Appears in 3 contracts
Samples: Credit Agreement (Alliant Energy Corp), Credit Agreement (Alliant Energy Corp), Credit Agreement (Alliant Energy Corp)
Notices, Etc. All notices and other communications provided for hereunder shall be in writing (including telecopier, telegraphic or telex communication) and mailed, telecopied, telegraphed, telexed or delivered, if to the Borrower, at its address at 0000 0xx 000 Xxxxx Xxxxx, Xx. Xxxxxx, Missouri 63376, Attention: Treasurer (telecopier number (000) 000-0000); if to the Initial Lender or the Agent, at Xxxxxxxxxxxxxx 0, X-00000 Xxxxxxxxxx, Xxxxxxx, Attention: Corporate Finance (telecopier number 49 211 4579 354), with a copy to E.ON North America, Inc., 000 Xxxxxxxxx Xxxxxx, Xxx Xxxx, XX 00000, Attention: Treasurer; if to any Initial Lender, at its Domestic Lending Office specified opposite its name on Schedule I heretoPresident (telecopier number (000) 000-0000); if to any other LenderLender or any Bank, at its Domestic Lending Office specified in the Assignment and Acceptance pursuant to which it became a Lender; and if to the Agent, at its address at Xxx Xxxx Xxx Xxxxx, Xxxxxxx Xxxxxxxx, 00000, Attention: Xxxx Xxxxxx; or, as to the Borrower or the Agentany party, at such other address as shall be designated by such party in a written notice to the other parties and, as to each other party, at such other address as shall be designated by such party in a written notice to the Borrower and the Agentparties. All such notices and communications shall, when mailed, telecopied, telegraphed or telexed, be effective when deposited in received by the mails, telecopied, delivered party to the telegraph company or confirmed by telex answerback, respectivelywhom such notice is addressed, except that notices and communications to the Agent pursuant to Article II, III or VII Section 2.06 shall not be effective until received confirmed in writing by the Agentparty to whom such notice is addressed. Delivery by telecopier of an executed counterpart of any amendment or waiver of any provision of this Agreement or the Notes or of any Schedule or Exhibit hereto to be executed and delivered hereunder shall be effective as delivery of a manually executed counterpart thereof.
Appears in 3 contracts
Samples: Credit Agreement (Memc Electronic Materials Inc), Credit Agreement (Memc Electronic Materials Inc), Credit Agreement (Memc Electronic Materials Inc)
Notices, Etc. All notices and other communications provided for hereunder shall be in writing (including telecopier, telegraphic or telex communication) and mailed, telecopied, telegraphed, telexed or delivered, if to the Borrower, at its address at 0000 0xx Xxxxxx, Xxxxxxx, XX 00000, Attention: Treasurer; if to any Initial Lender, at its Domestic Lending Office specified opposite its name on Schedule I hereto; if to any other Lender, at its Domestic Lending Office specified in the Assignment and Acceptance pursuant to which it became a Lender; and if to the Agent, at its address at Xxx Xxxx Xxxxx Xxx, Xxxxx 000, Xxx XxxxxXxxxxx, Xxxxxxx Xxxxxxxx 00000 Attention: Xxxxxxxxx Xxxxxxxx, with a copy to J. Xxxxxxxx XxXxx, 000 Xxxxxxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000, Attention: Xxxx Xxxxxx; or, as to the Borrower or the Agent, at such other address as shall be designated by such party in a written notice to the other parties and, as to each other party, at such other address as shall be designated by such party in a written notice to the Borrower and the Agent. All such notices and communications shall, when mailed, telecopied, telegraphed or telexed, be effective when deposited in the mails, telecopied, delivered to the telegraph company or confirmed by telex answerback, respectively, except that notices and communications to the Agent pursuant to Article II, III or VII shall not be effective until received by the Agent. Delivery by telecopier of an executed counterpart of any amendment or waiver of any provision of this Agreement or the Notes or of any Exhibit hereto to be executed and delivered hereunder shall be effective as delivery of a manually executed counterpart thereof.
Appears in 3 contracts
Samples: Credit Agreement (Dte Energy Co), Credit Agreement (Dte Energy Co), Credit Agreement (Dte Energy Co)
Notices, Etc. All notices and other communications provided for hereunder shall be in writing (including telecopiertelecopy, telegraphic telegraphic, telex or telex cable communication) and mailed, telecopied, telegraphed, telexed telexed, cabled or delivered, if to the Borrowerany Bank, at its address at 0000 0xx Xxxxxx, Xxxxxxx, XX 00000, Attention: Treasurer; if to any Initial Lender, at its Domestic Lending Office as specified opposite its name on Schedule I heretohereto or specified pursuant to an Assignment; if to any other Lenderthe Borrower or the Guarantor, at as specified opposite its Domestic Lending Office specified in the Assignment and Acceptance pursuant to which it became a Lendername on Schedule II hereto; and if to the NationsBank, as Agent, at as specified opposite its address at Xxx Xxxx Xxx Xxxxx, Xxxxxxx Xxxxxxxx, 00000, Attention: Xxxx Xxxxxx; name on Schedule I hereto or, as to the Borrower Borrower, the Guarantor, or the Agent, at such other address as shall be designated by such party in a written notice to the other parties and, as to each other party, at such other address as shall be designated by such party in a written notice to the Borrower Borrower, the Guarantor, and the Agent. All such notices and communications shall, when mailed, telecopied, telegraphed telegraphed, telexed or telexedcabled, be effective when deposited in the mails, telecopiedsent by telecopier to any party to the telecopier number as set forth herein or on Schedule I or Schedule II (or other telecopy number specified by such party in a written notice to the other parties hereto), delivered to the telegraph company company, telexed to any party to the telex number set forth hereinabove or on Schedule I or Schedule II (or other telex number designated by such party in a written notice to the other parties hereto), confirmed by telex answerback, or delivered to the cable company, respectively, except that notices and communications to the Agent pursuant to Article II, III II or VII IX shall not be effective until received by the Agent. Delivery by telecopier of an executed counterpart of any amendment or waiver of any provision of this Agreement or the Notes or of any Exhibit hereto to be executed and delivered hereunder shall be effective as delivery of a manually executed counterpart thereof.
Appears in 3 contracts
Samples: 364 Day Credit Agreement (Fina Inc), Credit Agreement (Fina Inc), 364 Day Credit Agreement (Fina Inc)
Notices, Etc. (a) All notices and other communications provided for hereunder shall be either (a) in writing (including telecopier, telecopier or telegraphic or telex communication) and mailed, telecopied, telegraphed, telexed telegraphed or delivereddelivered or (y) as and to the extent set forth in Section 9.02(c) and in the proviso to this Section 9.02(a), if to the any Borrower, at its the address of the Company at 0000 0xx Xxxxxx00000 Xxxxxxxx Xxxx., XxxxxxxXxxxxxxxx, XX Xxxx 00000-0000, Attention: TreasurerTreasurer (with a copy to the Company’s legal division at the same address); if to any Initial Lender, at its Domestic Lending Office specified opposite its name on Schedule I hereto; if to any other Lender, at its Domestic Lending Office specified in the Assignment and Acceptance pursuant to which it became a Lender; and if to the Agent, at its address at Xxx Xxxx Xxxxx Xxx, Xxx XxxxxXxxxxx, Xxxxxxx Xxxxxxxx, Xxxxxxxx 00000, Attention: Xxxx XxxxxxBank Loan Syndications Department; or, as to the any Borrower or the Agent, at such other address as shall be designated by such party in a written notice to the other parties and, as to each other party, at such other address as shall be designated by such party in a written notice to the Borrower Borrowers and the Agent, provided that materials required to be delivered pursuant to Section 5.01(h)(i), (ii) or (iv) shall be delivered to the Agent as specified in Section 9.02(c). All such notices and communications shall, when mailed, telecopied, telegraphed or telexede-mailed, be effective when deposited in the mails, telecopied, delivered to the telegraph company or confirmed by telex answerbacke-mail, respectively, except that notices and communications to the Agent pursuant to Article II, III or VII VIII shall not be effective until received by the Agent. Delivery by telecopier of an executed counterpart of any amendment or waiver of any provision of this Agreement or the Notes or of any Exhibit hereto to be executed and delivered hereunder shall be effective as delivery of a manually executed counterpart thereof.
(b) Notwithstanding anything to the contrary contained in this Agreement or any Note, (i) any notice to the Borrowers or to any one of them required under this Agreement or any such Note that is delivered to the Company shall constitute effective notice to the Borrowers or to any such Borrower, including the Company and (ii) any Notice of Borrowing or any notice of Conversion delivered pursuant to Section 2.09 may be delivered by any Borrower or by the Company, on behalf of any other Borrower. Each Designated Subsidiary hereby irrevocably appoints the Company as its authorized agent to receive and deliver notices in accordance with this Section 9.02, and hereby irrevocably agrees that (A) in the case of clause (i) of the immediately preceding sentence, the failure of the Company to give any notice referred to therein to any such Designated Subsidiary to which such notice applies shall not impair or affect the validity of such notice with respect thereto and (B) in the case of clause (ii) of the immediately preceding sentence, the delivery of any such notice by the Company, on behalf of any other Borrower, shall be binding on such other Borrower to the same extent as if such notice had been executed and delivered directly by such Borrower.
(c) So long as Citibank or any of its Affiliates is the Agent, materials required to be delivered pursuant to Section 5.01(h)(i), (ii) and (iv) shall be delivered to the Agent in an electronic medium in a format reasonably acceptable to the Agent and the Lenders by e-mail at xxxxxxxxxxxxxxx@xxxxxxxxx.xxx. The Company agrees that the Agent may make such materials, as well as any other written information, documents, instruments and other material relating to the Company, any of its Subsidiaries or any other materials or matters relating to this Agreement, the Notes or any of the transactions contemplated hereby (collectively, the “Communications”) available to the Lenders by posting such notices on Intralinks or a substantially similar electronic system (the “Platform”). The Company acknowledges that (i) the distribution of material through an electronic medium is not necessarily secure and that there are confidentiality and other risks associated with such distribution, (ii) the Platform is provided “as is” and “as available” and (iii) neither the Agent nor any of its Affiliates warrants the accuracy, adequacy or completeness of the Communications or the Platform and each expressly disclaims liability for errors or omissions in the Communications or the Platform. No warranty of any kind, express, implied or statutory, including, without limitation, any warranty of merchantability, fitness for a particular purpose, non-infringement of third party rights or freedom from viruses or other code defects, is made by the Agent or any of its Affiliates in connection with the Platform.
(d) Each Lender agrees that notice to it (as provided in the next sentence) (a “Notice”) specifying that any Communications have been posted to the Platform shall constitute effective delivery of such information, documents or other materials to such Lender for purposes of this Agreement; provided that if requested by any Lender the Agent shall deliver a copy of the Communications to such Lender by email or telecopier. Each Lender agrees (i) to notify the Agent in writing of such Lender’s e-mail address to which a Notice may be sent by electronic transmission (including by electronic communication) on or before the date such Lender becomes a party to this Agreement (and from time to time thereafter to ensure that the Agent has on record an effective e-mail address for such Lender) and (ii) that any Notice may be sent to such e-mail address.
Appears in 3 contracts
Samples: Credit Agreement (Lubrizol Corp), Credit Agreement (Lubrizol Corp), Credit Agreement (Lubrizol Corp)
Notices, Etc. All notices and other communications provided for hereunder shall be in writing (including telecopier, telegraphic telegraphic, telex or telex cable communication) and mailed, telecopied, telegraphed, telexed telexed, cabled or delivered, if to the any Borrower, at its address at 0000 0xx Xxxxxx10 X. Xxxxxxxx, Xxxxxxx37th Floor, XX 00000Chicago, IL 60603, Attention: TreasurerJ. Bxxxx Xxxxxxxx, Telecopy: (000) 000-0000; if to any Initial Lender, at its Domestic Lending Office specified opposite in its name on Schedule I hereto; if to any other Lender, at its Domestic Lending Office specified Administrative Questionnaire or in the Assignment and Acceptance pursuant to which it became a Lender; and if to the Administrative Agent, at its address at Xxx Xxxx Xxx 1 Bank Oxx Xxxxx, Xxxxxxx XxxxxxxxXxxx Xxxxx XX0-0000, Xxxxxxx, Xxxxxxxx 00000, Attention: Xxxx Mx. Xxx Xxxxxx; , Telecopy: (000) 000-0000 or, as to the Borrower or the Agenteach party, at such other address as shall be designated by such party in a written notice to the other parties and, as to each other party, at such other address as shall be designated by such party in a written notice to the Borrower and the Agentparties. All such notices and communications shall, when mailed, telecopied, telegraphed telegraphed, telexed or telexedcabled, be effective when deposited in the mails, telecopied, delivered to the telegraph company or company, confirmed by telex answerbackanswerback or delivered to the cable company, respectively, except that notices and communications to the Administrative Agent pursuant to Article II, III II or VII shall not be effective until received by the Administrative Agent. Delivery by telecopier of an executed counterpart of any amendment or waiver of any provision of this Agreement or the Notes or of any Exhibit hereto to be executed and delivered hereunder shall be effective as delivery of a manually executed counterpart thereof.
Appears in 3 contracts
Samples: Credit Agreement (Exelon Corp), Credit Agreement (Exelon Corp), 364 Day Credit Agreement (Exelon Corp)
Notices, Etc. All notices and other communications provided for hereunder in this Agreement and each other Credit Document shall be in writing (including telecopier, telegraphic telecopy or telex email communication) and mailed, telecopied, telegraphed, telexed telecopied or emailed or delivered, if to the Borrower, at its address at 0000 0xx Xxxxxx, Xxxxxxx, XX 00000, Attention: Treasurerany Bank as specified on Schedule I hereto or specified pursuant to an Assignment; if to any Initial Lenderthe Borrower or the Guarantor, at its Domestic Lending Office as specified opposite its name on Schedule I II hereto; if to any other Lender, at its Domestic Lending Office specified in the Assignment and Acceptance pursuant to which it became a Lender; and if to the Agent, at its address at Xxx Xxxx Xxx Xxxxx, Xxxxxxx Xxxxxxxx, 00000, Attention: Xxxx Xxxxxx; or, as to the Borrower Borrower, the Guarantor or the Administrative Agent, at such other address as shall be designated by such party in a prior written notice to the other parties (provided that such address of each of Borrower, Guarantor and the Administrative Agent for notice purposes shall be an address in the United States) and, as to each other party, at such other address as shall be designated by such party in a prior written notice to the Borrower Borrower, the Guarantor and the Administrative Agent. All such notices and communications shall, when mailed, telecopied, telegraphed telecopied or telexedemailed, be effective when deposited in the mails, telecopied, delivered sent by telecopier to any party to the telegraph company telecopier number as set forth herein or confirmed on Schedule I or Schedule II hereto (or other telecopy number specified by telex answerbacksuch party in a written notice to the other parties hereto), or sent by email to the addresses set forth herein or on Schedule I or Schedule II hereto, respectively, except that notices and communications to the Administrative Agent pursuant to Article II, III II or VII IX shall not be effective until received by the Agent. Delivery Administrative Agent by telecopier of an executed counterpart of any amendment physical delivery or waiver of any provision of this Agreement or the Notes or of any Exhibit hereto to be executed and delivered hereunder shall be effective as delivery of a manually executed counterpart thereoftelecopy.
Appears in 3 contracts
Samples: Credit Agreement (Brinker International Inc), Credit Agreement (Brinker International Inc), Credit Agreement (Brinker International Inc)
Notices, Etc. All notices and other communications provided for hereunder shall be in writing (including telecopiertelegraphic, telegraphic telecopier or telex communication) and mailed, telegraphed, telecopied, telegraphed, telexed or delivereddelivered to, if in the case of the Borrower or the Collateral Agent, addressed to it at its address specified in the Credit Agreement and, in the case of each Grantor other than the Borrower, addressed to it at its address at 0000 0xx Xxxxxx, Xxxxxxx, XX 00000, Attention: Treasurer; if to any Initial Lender, at its Domestic Lending Office specified set forth opposite its such Grantor's name on Schedule I hereto; if the signature pages hereto or on the signature page to any other Lender, at its Domestic Lending Office specified in the Assignment and Acceptance Security Agreement Supplement pursuant to which it became a Lender; and if to the Agent, at its address at Xxx Xxxx Xxx Xxxxx, Xxxxxxx Xxxxxxxx, 00000, Attention: Xxxx Xxxxxxparty hereto; or, as to the Borrower or the Agentany party, at such other address as shall be designated by such party in a written notice to the other parties and, as to each other party, at such other address as shall be designated by such party in a written notice to the Borrower and the Agentparties. All such notices and other communications shall, when mailed, telecopiedtelegraphed, telegraphed telecopied or telexed, be effective when deposited in the mails, telecopied, delivered to the telegraph company company, telecopied or confirmed by telex answerback, respectively, addressed as aforesaid; except that notices and other communications to the Collateral Agent pursuant to Article II, III or VII shall not be effective until received by the Collateral Agent. Delivery by telecopier of an executed counterpart of any amendment or waiver of any provision of this Agreement or the Notes or of any Exhibit Security Agreement Supplement or Schedule hereto to be executed and delivered hereunder shall be effective as delivery of a manually an original executed counterpart thereof.
Appears in 3 contracts
Samples: Credit Agreement (Pacificare Health Systems Inc /De/), Non Shared Collateral Security Agreement (Pacificare Health Systems Inc /De/), Credit Agreement (Med E America Corp)
Notices, Etc. (a) All notices and other communications provided for hereunder shall be in writing or confirmed in writing (including telecopier, telegraphic or telex telecopier communication) and mailed, telecopied, telegraphed, telexed telecopied or delivered, if to the Borrower, at its address at 0000 0xx XxxxxxXxx Xxxxxx Xxxxx, Xxxxxxx, XX 00000, Attention: Treasurer; if to any Initial Lender, at its Domestic Lending Office specified opposite its name on Schedule I hereto; if to any other Lender, at its Domestic Lending Office specified in the Assignment and Acceptance pursuant to which it became a LenderOffice; and if to the Agent, at its address at Xxx Xxxx Xxx Xxxxx00 Xxxxx Xxxxxxxx Xxxxxx, Xxxxxxx XxxxxxxxMail Code IL1-0010, Xxxxxxx, XX 00000, Attention: Xxxx April Yebd, with a copy to JPMorgan Chase Bank, N.A., 00 Xxxxx Xxxxxxxx Xxxxxx, 0xx Xxxxx, Mail Code IL1-0090, Xxxxxxx, XX 00000, Attention: Xxxxx X. Xxxxxx; or, as to the Borrower or the Agent, at such other address as shall be designated by such party in a written notice to the other parties and, as to each other party, at such other address as shall be designated by such party in a written notice to the Borrower and the Agent. All such notices and communications shall, when mailed, mailed or telecopied, telegraphed or telexed, be effective when deposited in the mails, mails or telecopied, delivered to the telegraph company or confirmed by telex answerback, respectively, except that notices and communications to the Agent pursuant to Article II, III or VII shall not be effective until received by the Agent. Delivery by telecopier of an executed counterpart of any amendment or waiver of any provision of this Agreement or the Notes or of any Exhibit hereto to be executed and delivered hereunder shall be effective as delivery of a manually executed counterpart thereof.
(i) Except as otherwise provided in Section 5.01(h), the Borrower shall provide to the Agent all information, documents and other materials that it is obligated to furnish to the Agent pursuant to this Agreement and the other Loan Documents, including, without limitation, all notices, requests, financial statements, financial and other reports, certificates and other information materials, but excluding any such communication that (i) relates to a Notice of Borrowing or other request for a new, or a conversion of an existing, Borrowing or other extension of credit (including any election of an interest rate or Interest Period relating thereto), (ii) relates to the payment of any principal or other amount due hereunder prior to the scheduled date therefor, (iii) provides notice of any Default or Event of Default hereunder 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 such electronic mail address as the Agent shall identify to the Borrower. In addition, the Borrower shall continue to provide the Communications to the Agent in the manner specified in this Agreement but only to the extent requested by the Agent. The Borrower further agrees that the Agent may make the Communications available to the Lenders by posting the Communications on Intralinks, or a substantially similar electronic transmission system mutually agreeable to the Agent and the Borrower (the “Platform”). Nothing in this Section 8.02(b) shall prejudice the right of the Agent or any Lender to give any notice or other communication pursuant hereto or to any other Loan Document in any other manner specified herein or therein.
(ii) The Agent agrees that the receipt of the Communications by the Agent at its e-mail address set forth in clause (i) above shall constitute effective delivery of the Communications to the Agent for purposes of each Loan Document. The Borrower agrees that e-mail notice to it (at the address provided pursuant to the next sentence and deemed delivered as provided in subclause (iii) below) specifying that Communications have been posted to the Platform shall constitute effective delivery of such Communications to it for purposes of the Loan Documents. The Borrower agrees (A) to notify the Agent in writing (including by electronic communication) from time to time to ensure that the Agent has on record an effective e-mail address for the Borrower to which the foregoing notices may be sent by electronic transmission and (B) that the foregoing notices may be sent to such e-mail address. Each Lender agrees that e-mail notice to it (at the address provided pursuant to the next sentence and deemed delivered as provided in subclause (iii) below) specifying that the Communications have been posted to the Platform shall constitute effective delivery of the Communications to such Lender for purposes of the Loan Documents. Each Lender agrees (A) to notify the Agent in writing (including by electronic communication) from time to time of such Lender’s e-mail address to which the foregoing notice may be sent by electronic transmission and (B) that the foregoing notice may be sent to such e-mail address.
(iii) Each party hereto agrees that any electronic communication referred to in this clause (b) shall be deemed delivered upon the posting of a record of such Communication as “sent” in the e-mail system of the sending party or, in the case of any such Communication to the Agent, upon the posting of a record of such Communication as “received” in the e-mail system of the Agent; provided, however, that if such Communication is received by the Agent after the normal business hours of the Agent, such Communication shall be deemed delivered at the opening of business on the next Business Day for the Agent; provided, further, that in the event that the Agent’s e-mail system shall be unavailable for receipt of any Communication, Borrower may deliver such Communication to the Agent in a manner mutually agreeable to the Agent and the Borrower.
(iv) The parties hereto acknowledge and agree that the distribution of the Communications and other material through an electronic medium is not necessarily secure and that there are confidentiality and other risks associated with such distribution. EACH OF THE PARTIES HERETO ACKNOWLEDGES AND AGREES AS FOLLOWS: (A) THE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE”; (B) THE AGENT PARTIES 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; (C) 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; AND (D) IN NO EVENT SHALL THE AGENT OR ANY OF ITS AFFILIATES OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, ADVISORS OR REPRESENTATIVES (COLLECTIVELY, THE “AGENT PARTIES”) HAVE ANY LIABILITY TO THE BORROWER, ANY LENDER OR ANY OTHER PERSON OR ENTITY FOR DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOSSES OR EXPENSES (WHETHER IN TORT, CONTRACT OR OTHERWISE) ARISING OUT OF THE BORROWER’S OR THE AGENT’S TRANSMISSION OF COMMUNICATIONS THROUGH THE INTERNET, EXCEPT TO THE EXTENT THE LIABILITY OF ANY AGENT PARTY IS FOUND IN A FINAL NON-APPEALABLE JUDGMENT BY A COURT OF COMPETENT JURISDICTION TO HAVE RESULTED PRIMARILY FROM SUCH AGENT PARTY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.
(v) This clause (b) shall terminate on the date that neither JPMCB nor any of its Affiliates is the Agent under this Agreement.
Appears in 3 contracts
Samples: Credit Agreement (Dte Energy Co), Credit Agreement (Dte Energy Co), Credit Agreement (Dte Energy Co)
Notices, Etc. All notices and other communications ------------ provided for hereunder shall be in writing (including telecopier, telegraphic telegraphic, telex or telex cable communication) and mailed, telecopied, telegraphed, telexed telexed, cabled or delivered, if to the Borrower, at its address at 0000 0xx XxxxxxFive Xxxxxx Xxxxxxxx Xxxxx, XxxxxxxXxxx Xxxxxxxx, XX Xxx Xxxxxx 00000, Attention: Treasurer; if to any Initial LenderBank, at its Domestic Lending Office specified opposite its name on Schedule I hereto; if to any other Lender, at its Domestic Lending Office specified in the Assignment and Acceptance pursuant to which it became a Lender; and if to the Administrative Agent, at its address at 000 Xxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx Xxx Xxxxx, Xxxxxxx Xxxxxxxx, 00000, Attention: Xxxx XxxxxxChemicals Department, North American Global Finance Group; or, as to the Borrower or the Administrative Agent, at such other address as shall be designated by such party in a written notice to the other parties and, as to each other party, at such other address as shall be designated by such party in a written notice to the Borrower and the Administrative Agent. All such notices and communications shall, when mailed, telecopied, telegraphed telegraphed, telexed or telexedcabled, be effective when deposited in the mails, telecopied, delivered to the telegraph company or company, confirmed by telex answerbackanswerback or delivered to the cable company, respectively, except that notices and communications to the Administrative Agent pursuant to Article II, III or VII shall not be effective until received by the Administrative Agent. Delivery by telecopier of an executed counterpart of any amendment or waiver of any provision of this Agreement or the Notes or of any Exhibit hereto to be executed and delivered hereunder shall be effective as delivery of a manually executed counterpart thereof.
Appears in 3 contracts
Samples: Credit Agreement (Cytec Industries Inc/De/), Credit Agreement (Cytec Industries Inc/De/), 364 Day Credit Agreement (Cytec Industries Inc/De/)
Notices, Etc. (a) All notices and other communications provided for hereunder shall be either (x) in writing (including telecopier, telecopier or telegraphic or telex communication) and mailed, telecopied, telegraphedtelegraphed or delivered or (y) as and to the extent set forth in Section 8.02(b) and in the proviso to this Section 8.02(a), telexed or deliveredin an electronic medium and delivered as set forth in Section 8.02(b), if to the Borrower, at its address at 0000 0xx XxxxxxP.X. Xxx 0000, Xxxxxxx, XX 00000, Attention: TreasurerAssistant Treasurer (telecopy: 700 000 0000); if to any Initial Lender, at its Domestic Lending Office specified opposite its name on Schedule I hereto; if to any other Lender, at its Domestic Lending Office specified in the Assignment and Acceptance pursuant to which it became a Lender; if to the Global Coordinators, at the addresses specified on Schedule II hereto; and if to the Administrative Agent, at its address at Txx Xxxxx Xxx, Xxxxx 000, Xxx Xxxx Xxx XxxxxXxxxxx, Xxxxxxx Xxxxxxxx, 00000, Attention: Xxxx Bank Loan Syndications Department/Jxxxxxxxxx Xxxxx (telecopy: 200 000 0000), with a copy to 300 Xxxxxxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx, 00000, Attention: Nietzsche Rodricks (telecopy: 200 000 0000); if to the Swingline Lender, to such address notified by such Swingline Lender to the Borrower and the Administrative Agent; or, as to the Borrower or the Administrative Agent, at such other address as shall be designated by such party in a written notice to the other parties and, as to each other party, at such other address as shall be designated by such party in a written notice to the Borrower and the Administrative Agent; provided, that materials required to be delivered pursuant to Section 5.01(j)(i), (ii) and (iv) shall be delivered to the Administrative Agent as specified therein. All such notices and communications shall, when mailed, telecopied, telegraphed or telexedemailed, be effective when deposited in the mails, telecopied, delivered to the telegraph company or confirmed by telex answerbackemail, respectively, except that notices and communications to the Administrative Agent pursuant to Article II, III or VII shall not be effective until received by the Administrative Agent. Delivery by telecopier of an executed counterpart of any amendment or waiver of any provision of this Agreement or the Notes or CAF Notes (if any) or of any Exhibit hereto to be executed and delivered hereunder shall be effective as delivery of a manually executed counterpart thereof.
(b) The Borrower hereby acknowledges that (i) certain of the Lenders may be “public-side” Lenders (i.e., Lenders that do not wish to receive material non-public information with respect to the Borrower or its securities) (each, a “Public Lender”) and (ii) the Administrative Agent will make available to the Lenders certain notices, requests, financial statements, financial and other reports, certificates and other information materials, but excluding any such communication that initiates or responds to the legal process (all such non-excluded information being referred to herein collectively as the “Communications”) on IntraLinks or another relevant website (whether a commercial, third-party website or whether sponsored by the Administrative Agent) (the “Platform”). The Borrower hereby agrees that all Communications that are to be made available to Public Lenders shall be clearly and conspicuously marked “PUBLIC” which, at a minimum, shall mean that the word “PUBLIC” shall appear prominently on the first page thereof, (ii) by marking Communications “PUBLIC,” the Borrower shall be deemed to have authorized the Administrative Agent, the Issuing Banks and the Lenders to treat such Communications as not containing any material non-public information with respect to the Borrower or its securities for purposes of United States Federal and state securities laws, it being understood that certain of such Communications may be subject to the confidentiality requirements hereof, (iii) all Communications marked “PUBLIC” are permitted to be made available through a portion of the Platform designated “Public Investor,” and (iv) the Administrative Agent shall be entitled to treat any Communications that are not marked “PUBLIC” as being suitable only for posting on a portion of the Platform not designated “Public Investor.” Notwithstanding the foregoing, (A) the Borrower shall be under no obligation to mxxx any Communications “PUBLIC,” and each Public Lender hereby waives its right to receive any Communications that are not marked “PUBLIC”; and (B) the Administrative Agent shall treat Communications that are deemed to have been delivered based on notice pursuant to the last sentence of Section 5.01(j) as “PUBLIC.”
(c) [Reserved].
(d) [Reserved].
(e) Each Lender agrees that e-mail notice to it (at the address provided pursuant to the next sentence and deemed delivered as provided in the next paragraph) specifying that Communications has been posted to the Platform shall constitute effective delivery of such Communications to such Lender for purposes of this Agreement. Each Lender agrees (i) to notify the Administrative Agent in writing (including by electronic communication) from time to time to ensure that the Administrative Agent has on record an effective e-mail address for such Lender to which the foregoing notice may be sent by electronic transmission and (ii) that the foregoing notice may be sent to such e-mail address.
(f) Each party hereto agrees that any electronic communication referred to in this Section 8.02 shall be deemed delivered upon the posting of a record of such communication (properly addressed to such party at the e-mail address provided to the Administrative Agent) as “sent” in the e-mail system of the sending party or, in the case of any such communication to the Administrative Agent, upon the posting of a record of such communication as “received” in the e-mail system of the Administrative Agent; provided that if such communication is not so received by the Administrative Agent during the normal business hours of the Administrative Agent, such communication shall be deemed delivered at the opening of business on the next Business Day for the Administrative Agent.
(g) Each party hereto acknowledges that (i) the distribution of material through an electronic medium is not necessarily secure and there are confidentiality and other risks associated with such distribution, (ii) the Communications and the Platform are provided “as is” and “as available,” (iii) none of the Administrative Agent, its affiliates nor any of their respective officers, directors, employees, agents, advisors or representatives (collectively, the “Citigroup Parties”) warrants the adequacy of the Platform or the accuracy or completeness of any Communications, and each Citigroup Party expressly disclaims liability for errors or omissions in any Communications or the Platform, and (iv) 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 any Citigroup Party in connection with any Communications or the Platform.
Appears in 3 contracts
Samples: Credit Agreement (Centerpoint Energy Inc), Credit Agreement (Centerpoint Energy Resources Corp), Credit Agreement (Centerpoint Energy Houston Electric LLC)
Notices, Etc. All notices and other communications provided for hereunder shall be in writing (including telecopier, telegraphic or telex communication) and mailed, telecopied, telegraphed, telexed or delivered, if to the Borrower, at its address at 0000 0xx 000 Xxxxx Xxxxx, Xx. Xxxxxx, Missouri 63376, Attention: Treasurer (telecopier number (000) 000-0000); if to the Initial Lender or the Agent, at Xxxxxxxxxxxxxx 0, X-00000 Xxxxxxxxxx, Xxxxxxx, Attention: Corporate Finance (telecopier number 49 211 4579 354), with a copy to E.ON North America, Inc., 000 Xxxxxxxxx Xxxxxx Xxx Xxxx, XX 00000, Attention: Treasurer; if to any Initial Lender, at its Domestic Lending Office specified opposite its name on Schedule I heretoPresident (telecopier number (000) 000-0000); if to any other LenderLender or any Bank, at its Domestic Lending Office specified in the Assignment and Acceptance pursuant to which it became a Lender; and if to the Agent, at its address at Xxx Xxxx Xxx Xxxxx, Xxxxxxx Xxxxxxxx, 00000, Attention: Xxxx Xxxxxx; or, as to the Borrower or the Agentany party, at such other address as shall be designated by such party in a written notice to the other parties and, as to each other party, at such other address as shall be designated by such party in a written notice to the Borrower and the Agentparties. All such notices and communications shall, when mailed, telecopied, telegraphed or telexed, be effective when deposited in received by the mails, telecopied, delivered party to the telegraph company or confirmed by telex answerback, respectivelywhom such notice is addressed, except that notices and communications to the Agent pursuant to Article II, III or VII Section 2.06 shall not be effective until received confirmed in writing by the Agentparty to whom such notice is addressed. Delivery by telecopier of an executed counterpart of any amendment or waiver of any provision of this Agreement or the Notes or of any Schedule or Exhibit hereto to be executed and delivered hereunder shall be effective as delivery of a manually executed counterpart thereof.
Appears in 3 contracts
Samples: Credit Agreement (Memc Electronic Materials Inc), Credit Agreement (Memc Electronic Materials Inc), Credit Agreement (Memc Electronic Materials Inc)
Notices, Etc. All notices and other communications provided for hereunder shall be in writing (including telecopier, telegraphic or telex communication) and mailed, telecopied, telegraphed, telexed or delivered, if to the Borrower, at its address at 0000 0xx 631 Xxxxx Xxxxxxxx Xxxxxx, XxxxxxxXxxx, XX Xxxxxxxxxxxx 00000, AttentionXttention: Treasurer, Telephone: (710) 000-0000, Xax: (710) 000-0000; if xf to any Initial Lender, at its Domestic Lending Office specified opposite its name on Schedule I hereto; if to any other Lender, at its Domestic Lending Office specified in the Assignment and Acceptance pursuant to which it became a Lender; and if to the Agent, at its address at Two Xxxxx Xxx, Xxx Xxxx Xxx XxxxxXxxxxx, Xxxxxxx Xxxxxxxx, Xxxxxxxx 00000, AttentionXttention: Xxxx XxxxxxBank Loan Syndications Department; or, as to the Borrower or the Agent, at such other address as shall be designated by such party in a written notice to the other parties and, as to each other party, at such other address as shall be designated by such party in a written notice to the Borrower and the Agent. All such notices and communications shall, when mailed, telecopied, telegraphed or telexed, be effective when deposited in the mails, telecopied, delivered to the telegraph company or confirmed by telex answerback, respectively, except that notices and communications to the Agent pursuant to Article II, III or VII shall not be effective until received by the Agent. Delivery by telecopier of an executed counterpart of any amendment or waiver of any provision of this Agreement or the Notes or of any Exhibit hereto to be executed and delivered hereunder shall be effective as delivery of a manually executed counterpart thereof.
Appears in 2 contracts
Samples: Credit Agreement (York International Corp /De/), Credit Agreement (York International Corp /De/)
Notices, Etc. All notices and other communications provided for hereunder shall be in writing (including telecopier, telegraphic telegraphic, telex or telex cable communication) and mailedmailed (by certified mail, return receipt requested), telecopied, telegraphed, telexed telexed, cabled or delivered, if to the Borrower, at its address at 0000 0xx Xxxxxx30 Bxxxxx Xxxxx Xxxx., XxxxxxxSuite 400, XX 00000Nashville, TN 37215, Attention: TreasurerMr. Xxxx X. Xxxxxxxx, telecopier no. (615) 000-0000; if xx to any Initial LenderBank, at its Domestic Lending Office specified opposite its name on Schedule I hereto; if to any other Lender, at its Domestic Lending Office as specified in the Assignment and Acceptance pursuant to which it became a Lenderits Administrative Details Reply Form; and if to the Agent, at its address at 1 Coxxx Xxxxxx, 0xx Xxxxx, Xxne 1, Lxxx Xxxxxx Xxxx, Xxx Xxxx, Xxx Xxxx Xxx 00000, Xxtention: Mr. Xxxxxx Xxxxx, Xxxxxxx Xxxxxxxxtelecopier no. (718) 000-0000; xxd if to any Issuing Bank, 00000as specified in its Administrative Details Reply Form; with a copy, Attention: in the cases of notices to the Agent or the Issuing Bank, to Ms. Xxxxxxxx X. Xxxxx, 399 Xxxx Xxxxxx, 0xx Xxxxx, Xxxx 00, Xxx Xxxx 00000; orxx, as to the Borrower or the Agenteach Person, at such other address or telecopier number as shall be designated by such party in a written notice to the other parties and, as to each other party, at such other address as shall be designated by such party in a written notice to the Borrower and the Agentparties. All such notices and communications shall, when mailedmailed (by certified mail, return receipt requested), telecopied, telegraphed or telegraphed, telexed, cabled, or faxed be effective when deposited in the mails, telecopied, delivered to the telegraph company or company, confirmed by telex answerback, delivered to the cable company or confirmed received in the case of a telecopy or facsimile, respectively, except that notices and communications to the Agent pursuant to Article II, II or VIII or to any Issuing Bank pursuant to Article III or VII VIII shall not be effective until received by the Agent. Delivery by telecopier of an executed counterpart of any amendment Agent or waiver of any provision of this Agreement or such Issuing Bank, as the Notes or of any Exhibit hereto to be executed and delivered hereunder shall be effective as delivery of a manually executed counterpart thereofcase may be.
Appears in 2 contracts
Samples: Revolving Credit Agreement (Phycor Inc/Tn), Revolving Credit Agreement (Phycor Inc/Tn)
Notices, Etc. All notices and other communications provided for hereunder shall be in writing (including telecopier, telegraphic or telex communication) and mailed, telecopied, telegraphed, telexed or delivered, if to the Borrower, at its address at 0000 0xx XxxxxxXxx Xxxxxx & Xxxx Xxxxx, XxxxxxxXxxxxxxxx, XX Xxx Xxxx 00000, Attention: Treasurer; if to any Initial Lender, at its Domestic Lending Office specified opposite its name on Schedule I hereto; if to any other Lender, at its Domestic Lending Office specified in the Assignment and Acceptance pursuant to which it became a Lender; and if to the Agent, at its address at Xxx Xxxx Xxxxx Xxx, Xxx XxxxxXxxxxx, Xxxxxxx Xxxxxxxx, Xxxxxxxx 00000, Attention: Xxxx XxxxxxBank Loan Syndications Department; or, as to the Borrower or the Agent, at such other address as shall be designated by such party in a written notice to the other parties and, as to each other party, at such other address as shall be designated by such party in a written notice to the Borrower and the Agent. All such notices and communications shall, when mailed, telecopied, telegraphed or telexed, be effective when deposited in the mails, telecopied, delivered to the telegraph company or confirmed by telex answerback, respectively, except that notices and communications to the Agent pursuant to Article II, III or VII shall not be effective until received by the Agent. Delivery by telecopier of an executed counterpart of any amendment or waiver of any provision of this Agreement or the Notes or of any Exhibit hereto to be executed and delivered hereunder shall be effective as delivery of a manually executed counterpart thereof.
Appears in 2 contracts
Samples: Credit Agreement (Bausch & Lomb Inc), Credit Agreement (Bausch & Lomb Inc)
Notices, Etc. All notices and other communications provided for hereunder shall be in writing (including telecopier, telegraphic telegraphic, telex or telex cable communication) and mailed, telecopied, telegraphed, telexed telexed, cabled or delivered, if to the any Borrower, at its address at 0000 0xx Xxxxxx00 X. Xxxxxxxx, Xxxxxxx37th Floor, XX 00000Chicago, IL 60603, Attention: TreasurerJ. Xxxxx Xxxxxxxx, Telecopy: (000) 000-0000; if to any Initial Lender, at its Domestic Lending Office specified opposite in its name on Schedule I hereto; if to any other Lender, at its Domestic Lending Office specified Administrative Questionnaire or in the Assignment and Acceptance pursuant to which it became a Lender; and if to the Administrative Agent, at its address at Xxx 0 Xxxx Xxx Xxxxx, Xxxxxxx XxxxxxxxXxxx Xxxxx 0000, 0XXX-00, Xxxxxxx, Xxxxxxxx 00000, Attention: Xxxx Xx. Xxx Xxxxxx; , Telecopy: (000) 000-0000 or, as to the Borrower or the Agenteach party, at such other address as shall be designated by such party in a written notice to the other parties and, as to each other party, at such other address as shall be designated by such party in a written notice to the Borrower and the Agentparties. All such notices and communications shall, when mailed, telecopied, telegraphed telegraphed, telexed or telexedcabled, be effective when deposited in the mails, telecopied, delivered to the telegraph company or company, confirmed by telex answerbackanswerback or delivered to the cable company, respectively, except that notices and communications to the Administrative Agent pursuant to Article II, III II or VII shall not be effective until received by the Administrative Agent. Delivery by telecopier of an executed counterpart of any amendment or waiver of any provision of this Agreement or the Notes or of any Exhibit hereto to be executed and delivered hereunder shall be effective as delivery of a manually executed counterpart thereof.
Appears in 2 contracts
Samples: Credit Agreement, 364 Day Credit Agreement
Notices, Etc. All notices Except as otherwise expressly provided for in this Agreement, all notices, demands, instructions and other communications provided for hereunder required or permitted to be given to any party hereto shall be in writing and shall be personally delivered or sent by first-class, registered, certified or express mail, postage prepaid or by telecopier or other electronic delivery system, or by prepaid courier service. Unless otherwise specified in a notice sent or delivered in accordance with the foregoing provisions of this Section IV.2, notices, demands, instructions and other communications in writing shall be given to or made upon the respective parties hereto at their respective addresses (including telecopieror to their respective telecopies, telegraphic numbers or telex communicatione-mail addresses) and mailedindicated below: If to Fund: Saturna Capital Corporation 0000 X Xxxxx Xxxxxx Xxxxxxxxxx, telecopiedXX 00000 If to ReFlow: ReFlow Services, telegraphed, telexed or delivered, if to the Borrower, at its address at 0000 0xx LLC 000 Xxxxxxxxxx Xxxxxx, XxxxxxxXxxxx 0000 Xxx Xxxxxxxxx, XX 00000, Attention: Treasurer; if 00000 Unless otherwise provided pursuant to any Initial LenderAuction Program operating procedure, at its Domestic Lending Office specified opposite its name on Schedule I hereto; if to any all notices, demands, consents, requests and other Lender, at its Domestic Lending Office specified in the Assignment and Acceptance pursuant to which it became a Lender; and if to the Agent, at its address at Xxx Xxxx Xxx Xxxxx, Xxxxxxx Xxxxxxxx, 00000, Attention: Xxxx Xxxxxx; or, as to the Borrower or the Agent, at such other address as shall be designated by such party in a written notice to the other parties and, as to each other party, at such other address as shall be designated by such party in a written notice to the Borrower and the Agent. All such notices and communications shall, when mailed, telecopied, telegraphed or telexed, be effective when deposited in the mails, telecopied, delivered to the telegraph company or confirmed by telex answerback, respectively, except that notices and communications to the Agent pursuant to Article II, III be sent or VII shall not be effective until received by the Agent. Delivery by telecopier of an executed counterpart of any amendment or waiver of any provision of this Agreement or the Notes or of any Exhibit hereto to be executed and delivered hereunder shall be deemed to be given or become effective for all purposes of this Agreement as delivery follows: (i) when delivered in person, when given; (ii) when sent by mail, when received by the person to whom it is sent, unless it is mailed by registered, certified or express mail, in which case it shall be deemed given or effective on the earlier of a manually executed counterpart thereofthe date of receipt or refusal; and (iii) when sent by telegram, telecopy or other form of rapid transmission shall be deemed to be given or effective when receipt of such transmission is acknowledged, electronically or otherwise.
Appears in 2 contracts
Samples: Participating Fund Agreement (Saturna Investment Trust), Participating Fund Agreement (Amana Mutual Funds Trust)
Notices, Etc. All notices and other communications provided for hereunder shall be in writing (including telecopier, telegraphic telegraphic, telex or telex cable communication) and mailed, telecopied, telegraphed, telexed telexed, cabled or delivered, ,
(i) if to the BorrowerCompany, at its address at 0000 0xx XxxxxxEcolab Center, XxxxxxxXx. Xxxx, XX 00000Minnesota 55102, Attention: Treasurer; , Telecopier No. 000-000-0000, with a copy to the Company at the same address, Attention: General Counsel;
(ii) if to any Initial LenderBank, at its Domestic Lending Office specified opposite its name on Schedule I hereto; if to any other Lender, at its Domestic Lending Office hereto or specified in the Assignment and Acceptance pursuant to which it became a Lenderparty hereto; and and
(iii) if to the Agent, at its address at Bank Loan Syndications, Xxx Xxxx Xxxxx Xxx, Xxxxx 000, Xxx XxxxxXxxxxx, Xxxxxxx Xxxxxxxx, Xxxxxxxx 00000, Attention: Xxxx XxxxxxXxxxxxxxx, Telecopier No. 000-000-0000, with a copy to Citicorp Securities, Inc., 000 Xxxxx Xxxxxx Xxxxx, Chicago, Illinois 60606, Attention: Xxxxxx Xxxx, Telecopier No. 000-000-0000; or, as to the Borrower Company, the Agent or the Agentany Bank, at such other address as shall be designated by such party in a written notice to the other parties and, as to each other party, at such other address as shall be designated by such party in a written notice to the Borrower Company and the Agent. All such notices and communications shall, when mailed, telecopied, telegraphed telegraphed, telexed or telexedcabled, be effective when deposited in the mails, telecopied, delivered to the telegraph company or company, confirmed by telex answerbackanswerback or delivered to the cable company, respectively, except that notices and communications to the Agent pursuant to Article II, III II or VII shall not be effective until received by the Agent. Delivery by telecopier of an executed counterpart of any amendment or waiver of any provision of this Agreement or the Notes or of any Exhibit hereto to be executed and delivered hereunder shall be effective as delivery of a manually executed counterpart thereof.
Appears in 2 contracts
Samples: Credit Agreement (Ecolab Inc), Credit Agreement (Ecolab Inc)
Notices, Etc. All notices and other communications provided for hereunder shall be in writing (including telecopier, telegraphic telegraphic, telex or telex cable communication) and mailed, telecopied, telegraphed, telexed telexed, cabled or delivered, if to the Borrower, at its address at 0000 0xx Xxxxxx220 W. Main Street, XxxxxxxLouisville, XX Kenxxxxx 00000, AttentionXxxxxxxxx: Treasurer; if to any Initial LenderXxxxxxxxx, xx xx xxx Bank, at its Domestic Lending Office specified opposite its name on Schedule I hereto; if to any other Lender, at its Domestic Lending Office specified in the Assignment and Acceptance pursuant to which it became a Lender; and if to the Administrative Agent, at its address at Xxx Xxxx Xxx Xxxxx115 South LaSalle Street, Xxxxxxx XxxxxxxxChicago, Ilxxxxxx 00000, AttentionXxxxxxxxx: Xxxx XxxxxxXxxxxxx Xxxxxxxxx; orxx, as xs to the Borrower or the Agenteach party, at such other address as shall be designated by such party in a written notice to the other parties and, as to each other party, at such other address as shall be designated by such party in a written notice to the Borrower and the Agentparties. All such notices and communications shall, when mailed, telecopied, telegraphed telegraphed, telexed or telexedcabled, be effective when deposited in the mails, telecopied, delivered to the telegraph company or company, confirmed by telex answerbackanswerback or delivered to the cable company, respectively, except that notices and communications to the Administrative Agent pursuant to Article II, III II or VII shall not be effective until received by the Administrative Agent. Delivery by telecopier of an executed counterpart of any amendment or waiver of any provision of this Agreement or the Notes or of any Exhibit hereto to be executed and delivered hereunder shall be effective as delivery of a manually executed counterpart thereof.
Appears in 2 contracts
Samples: Credit Agreement (Louisville Gas & Electric Co /Ky/), Credit Agreement (Louisville Gas & Electric Co /Ky/)
Notices, Etc. All notices and other communications provided for hereunder shall be in writing (including telecopier, telegraphic or telex communication) and mailed, telecopied, telegraphed, telexed or delivered, if to the Borrower, at its address at 0000 0xx 000 Xxxxx Xxxxx, Xx. Xxxxxx, Missouri 63376, Attention: Treasurer (telecopier number (000) 000-0000); if to the Initial Lender or the Agent, at Xxxxxxxxxxxxxx 0, X-00000 Xxxxxxxxxx, Xxxxxxx, Attention: Corporate Finance (telecopier number 49 211 4579 354), with a copy to E.ON North America, Inc., 000 Xxxxxxxxx Xxxxxx, Xxx Xxxx, XX 00000, Attention: Treasurer; if to any Initial Lender, at its Domestic Lending Office specified opposite its name on Schedule I heretoPresident (telecopier number (000) 000-0000); if to any other LenderLender or any Bank, at its Domestic Eurodollar Lending Office specified in the Assignment and Acceptance pursuant to which it became a Lender; and if to the Agent, at its address at Xxx Xxxx Xxx Xxxxx, Xxxxxxx Xxxxxxxx, 00000, Attention: Xxxx Xxxxxx; or, as to the Borrower or the Agentany party, at such other address as shall be designated by such party in a written notice to the other parties and, as to each other party, at such other address as shall be designated by such party in a written notice to the Borrower and the Agentparties. All such notices and communications shall, when mailed, telecopied, telegraphed or telexed, be effective when deposited in received by the mails, telecopied, delivered party to the telegraph company or confirmed by telex answerback, respectivelywhom such notice is addressed, except that notices and communications to the Agent pursuant to Article II, III or VII Section 2.06 shall not be effective until received confirmed in writing by the Agentparty to whom such notice is addressed. Delivery by telecopier of an executed counterpart of any amendment or waiver of any provision of this Agreement or the Notes or of any Schedule or Exhibit hereto to be executed and delivered hereunder shall be effective as delivery of a manually executed counterpart thereof.
Appears in 2 contracts
Samples: Credit Agreement (Memc Electronic Materials Inc), Credit Agreement (Memc Electronic Materials Inc)
Notices, Etc. All notices and other communications provided for hereunder shall be either (i) in writing (including telecopier, telegraphic or telex facsimile communication) and mailed, telecopiedfaxed or otherwise delivered or (ii) by electronic mail (if electronic mail addresses are designated as provided below) confirmed immediately in writing, telegraphedin the case of the Purchaser, telexed or deliveredaddressed to it at: Prides Capital Fund I, if to the BorrowerL.P., at its address at 0000 0xx c/o Prides Capital Partners, LLC, 000 Xxxx Xxxxxx, XxxxxxxXxxxx 000, Xxxxxx, XX 00000, Attention: Treasurer; if Xxxx Xxxxxx, Telephone No. (000) 000-0000, Facsimile No.: (000) 000-0000, e-mail address: xxxx@xxxxxxxxxxxxx.xxx and, in the case of each Grantor, addressed to any Initial Lender, it at its Domestic Lending Office specified address set forth opposite its such Grantor’s name on Schedule I hereto; if the signature pages hereto or on the signature page to any other Lender, at its Domestic Lending Office specified in the Assignment and Acceptance Security Agreement Supplement pursuant to which it became a Lender; and if to the Agent, at its address at Xxx Xxxx Xxx Xxxxx, Xxxxxxx Xxxxxxxx, 00000, Attention: Xxxx Xxxxxxparty hereto; or, as to the Borrower or the Agentany party, at such other address as shall be designated by such party in a written notice to the other parties and, as to each other party, at such other address as shall be designated by such party in a written notice to the Borrower and the Agentparties. All such notices and other communications shall, when mailed, telecopiedfaxed, telegraphed sent by electronic mail or telexedotherwise, be effective when deposited in the mails, telecopiedconfirmed by facsimile answerback, sent by electronic mail and confirmed in writing, or otherwise delivered to the telegraph company (or confirmed by telex answerbacka signed receipt), respectively, addressed as aforesaid; except that notices and other communications to the Agent pursuant to Article II, III or VII Purchaser shall not be effective until received by the AgentPurchaser. Delivery by telecopier facsimile or electronic mail of an executed counterpart of any amendment or waiver of any provision of this Agreement or the Notes or of any Exhibit Security Agreement Supplement or Schedule hereto to be executed and delivered hereunder shall be effective as delivery of a manually an original executed counterpart thereof.
Appears in 2 contracts
Samples: Security Agreement (Ediets Com Inc), Security Agreement (Ediets Com Inc)
Notices, Etc. All notices and other communications provided for ------------- hereunder shall be in writing (including telecopier, telegraphic or telex telecopy communication) and mailed, telecopied, telegraphed, telexed telecopied or delivered:
(a) if to any of the Guarantors, at the address of the Borrower set forth in Section 8.02 of the Credit Agreement; and
(b) if to the Borrower, at its address at 0000 0xx Xxxxxx, Xxxxxxx, XX 00000, Attention: Treasurer; if to any Initial Lender, at its Domestic Lending Office specified opposite its name on Schedule I hereto; if to any other Lender, at its Domestic Lending Office specified in the Assignment and Acceptance pursuant to which it became a Lender; and if to the Administrative Agent, at its address set forth in Section 8.02 of the Credit Agreement;
(c) if to any of the Hedge Banks, at Xxx Xxxx Xxx Xxxxx, Xxxxxxx Xxxxxxxx, 00000, Attention: Xxxx Xxxxxxits address set forth in the Guaranteed Hedge Agreement to which it is party (a copy of which Guaranteed Hedge Agreement shall have been provided to the Administrative Agent); or,
(d) as to any of the Borrower Guarantors or the Administrative Agent, at such other address as shall be designated by such party in a written notice to each of the other parties Guarantors and Guaranteed Parties and, as to each of the other partyparties, at such other address as shall be designated by such party in a written notice to each of the Guarantors and the Administrative Agent. Notwithstanding any of the other provisions of this Guarantee or any of the other Finance Documents to which any of the Guarantors is a party, any notice to the Guarantors or to any of them required to be made under this Guarantee that is delivered to the Borrower and in accordance with Section 8.02 of the AgentCredit Agreement shall constitute effective notice to the Guarantors or to any such Guarantor. All such notices and communications shall, when mailed, telecopied, telegraphed or telexed, be effective when deposited three Business Days after deposit in the mails, telecopied, delivered to the telegraph company mail or confirmed upon transmission by telex answerbacktelecopier or delivery, respectively, except that notices and communications to the Agent pursuant to Article II, III or VII shall not be effective until received by the Agentaddressed as aforesaid. Delivery by telecopier of an executed counterpart of any amendment or waiver of any provision of this Agreement or the Notes or of any Exhibit hereto to be executed and delivered hereunder Guarantee shall be effective as delivery of a manually an originally executed counterpart thereof.
Appears in 2 contracts
Samples: Subsidiary Guarantee (Davita Inc), Subsidiary Guarantee (Davita Inc)
Notices, Etc. All notices and other communications provided for hereunder shall be in writing (including telecopier, telegraphic or telex communication) and mailed, telecopied, telegraphed, telexed or delivered, if to the Borrower, at its address at 0000 0xx 000 Xxxx 00xx Xxxxxx, XxxxxxxXxx Xxxx, XX Xxx Xxxx 00000, Attention: Treasurer, with a copy to Corporate Secretary; if to any Initial Lender, at its Domestic Lending Office specified opposite its name on Schedule I hereto; if to any other Lender, at its Domestic Lending Office specified in the Assumption Agreement or the Assignment and Acceptance pursuant to which it became a Lender; and if to the Agent, at its address at Xxx Xxxx Xxxxx Xxx, Xxx XxxxxXxxxxx, Xxxxxxx Xxxxxxxx, Xxxxxxxx 00000, Attention: Xxxx XxxxxxBank Loan Syndications Department; or, as to the Borrower or the Agent, at such other address as shall be designated by such party in a written notice to the other parties and, as to each other party, at such other address as shall be designated by such party in a written notice to the Borrower and the Agent. All such notices and communications shall, when mailed, telecopied, telegraphed or telexed, be effective when deposited in the mails, telecopied, delivered to the telegraph company or confirmed by telex answerback, respectively, except that notices and communications to the Agent pursuant to Article II, III or VII shall not be effective until received by the Agent. Delivery by telecopier of an executed counterpart of any amendment or waiver of any provision provisions of this Agreement or the Notes or of any Exhibit hereto to be executed and delivered hereunder shall be effective as delivery of a manually executed counterpart thereof.
Appears in 2 contracts
Samples: 364 Day Credit Agreement (International Flavors & Fragrances Inc), 364 Day Credit Agreement (International Flavors & Fragrances Inc)
Notices, Etc. All notices and other communications provided for hereunder shall be in writing (including telecopier, telegraphic or telex communication) and mailed, telecopied, telegraphed, telexed or delivered, if to the Borrower, at its address at 0000 0xx 200 Xxxxxx Xxxxxx, Xxxxxxx, XX 00000, AttentionXxtention: TreasurerChrixxxxxxx X. Xxxxxx; if xx to any Initial Lender, at its Domestic Lending Office specified opposite its name on Schedule I hereto; if to any other Lender, at its Domestic Lending Office specified in the Assignment and Acceptance pursuant to which it became a Lender; and if to the Agent, at its address at Two Xxxxx Xxx, Xxxxx 000, Xxx Xxxxxx, Xxxxxxxx 00000 Xxxention: Chrixxxxx Xxxxxxxx, xxth a copy to J. Nichxxxx XxXxx, 009 Xxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx Xxx Xxxxx, Xxxxxxx Xxxxxxxx, 00000, Attention: Xxxx Xxxxxx; orxx, as to the Borrower or the Agent, at such other address as shall be designated by such party in a written notice to the other parties and, as to each other party, at such other address as shall be designated by such party in a written notice to the Borrower and the Agent. All such notices and communications shall, when mailed, telecopied, telegraphed or telexed, be effective when deposited in the mails, telecopied, delivered to the telegraph company or confirmed by telex answerback, respectively, except that notices and communications to the Agent pursuant to Article II, III or VII shall not be effective until received by the Agent. Delivery by telecopier of an executed counterpart of any amendment or waiver of any provision of this Agreement or the Notes or of any Exhibit hereto to be executed and delivered hereunder shall be effective as delivery of a manually executed counterpart thereof.
Appears in 2 contracts
Samples: Credit Agreement (Detroit Edison Co), Credit Agreement (Detroit Edison Co)
Notices, Etc. All notices and other communications provided for hereunder shall be in writing (including telecopier, telegraphic telegraphic, telex or telex cable communication) and mailed, telecopied, telegraphed, telexed telexed, cabled or delivered, if to the any Borrower, at its address at 0000 0xx Xxxxxx00 X. Xxxxxxxx, Xxxxxxx37th Floor, XX 00000Chicago, IL 60603, Attention: TreasurerJ. Xxxxx Xxxxxxxx, Telecopy: (000) 000-0000; if to any Initial LenderLender listed on the signature pages hereof, at its Domestic Lending Office specified opposite its name on Schedule I hereto; if to any other Lender, at its Domestic Lending Office specified in the Assignment and Acceptance pursuant to which it became a Lender; and if to the Administrative Agent, at its address at Xxx Xxxx 1 Bank Xxx Xxxxx, Xxxxxxx XxxxxxxxXxxx Xxxxx 0000, 0XXX-00, Xxxxxxx, Xxxxxxxx 00000, Attention: Xxxx Xx. Xxx Xxxxxx; , Telecopy: (000) 000-0000 or, as to the Borrower or the Agenteach party, at such other address as shall be designated by such party in a written notice to the other parties and, as to each other party, at such other address as shall be designated by such party in a written notice to the Borrower and the Agentparties. All such notices and communications shall, when mailed, telecopied, telegraphed telegraphed, telexed or telexedcabled, be effective when deposited in the mails, telecopied, delivered to the telegraph company or company, confirmed by telex answerbackanswerback or delivered to the cable company, respectively, except that notices and communications to the Administrative Agent pursuant to Article II, III II or VII shall not be effective until received by the Administrative Agent. Delivery by telecopier of an executed counterpart of any amendment or waiver of any provision of this Agreement or the Notes or of any Exhibit hereto to be executed and delivered hereunder shall be effective as delivery of a manually executed counterpart thereof.
Appears in 2 contracts
Samples: Credit Agreement (Commonwealth Edison Co), 364 Day Credit Agreement (Peco Energy Co)
Notices, Etc. All notices and other communications provided for hereunder shall be in writing (including telecopier, telegraphic or telex communication) and mailed, telecopied, telegraphed, telexed or delivered, if to the BorrowerCompany or any Designated Subsidiary, at its the address of the Company at 0000 0xx Xxxxxx200 Public Square, XxxxxxxCleveland, XX 00000Ohio 44114, Attention: Treasurer; if to any Initial Lenderxx xxx Xxxxxxx Xxxxxx, at its Domestic Lending xx xxx Xxxxxxxx Xending Office specified opposite its name on Schedule I hereto; if to any other Lender, at its Domestic Lending Office specified in the Assumption Agreement or the Assignment and Acceptance pursuant to which it became a Lender; and if to the Agent, at its address at Xxx Xxxx Xxx XxxxxTwo Penns Way, Xxxxxxx XxxxxxxxSuite 200, 00000New Castle, Delaware 19720, Attention: Baxx Xxxx XxxxxxXxxxxxxxxxxx Xxxxxxxxxx; orxx, as to the Borrower xx xx xxx Xxxxxny or the Agent, at such other address as shall be designated by such party in a written notice to the other parties and, as to each other party, at such other address as shall be designated by such party in a written notice to the Borrower Company and the Agent. All such notices and communications shall, when mailed, telecopied, telegraphed or telexed, shall be effective when deposited in the mails, telecopied, delivered to the telegraph company or confirmed by telex answerback, respectively, except that notices and communications to the Agent pursuant to Article II, III or VII shall not be effective until received by the Agentreceived. Delivery by telecopier of an executed counterpart of any amendment or waiver of any provision of this Agreement or the Notes or of any Exhibit hereto to be executed and delivered hereunder shall be effective as delivery of a manually executed counterpart thereof.
Appears in 2 contracts
Samples: Credit Agreement (Polyone Corp), Credit Agreement (Polyone Corp)
Notices, Etc. All notices and other communications ------------ provided for hereunder shall be in writing (including telecopier, telegraphic or telex communication) and mailed, telecopied, telegraphed, telexed or delivered, if to the BorrowerPharmacia, at its address at 0000 0xx Xxxxxx000 Xxxxx 000 Xxxxx, Xxxxxxx, XX Xxx Xxxxxx, 00000, Attention: Xxxxxxxxx Xxx Xxxxx, Treasurer; if to Monsanto, at its address at 000 X. Xxxxxxxxx Boulevard, St Louis, Missouri 63167, Attention: Chief Financial Officer, with an information copy to the Secretary at the same address, if to any Initial Lender, at its Domestic Lending Office specified opposite its name on Schedule I hereto; if to any other Lender, at its Domestic Lending Office specified in the Assignment and Acceptance pursuant to which it became a Lender; and if to the Agent, at its address at Xxx Xxxx Xxxxx Xxx, Xxx XxxxxXxxxxx, Xxxxxxx Xxxxxxxx, Xxxxxxxx 00000, Attention: Xxxx XxxxxxBank Loan Syndications Department; or, as to the Borrower Borrowers or the Agent, at such other address as shall be designated by such party in a written notice to the other parties and, as to each other party, at such other address as shall be designated by such party in a written notice to the Borrower Borrowers and the Agent. All such notices and communications shall, when mailed, telecopied, telegraphed or telexed, be effective when deposited in the mails, telecopied, delivered to the telegraph company or confirmed by telex answerback, respectively, except that notices and communications to the Agent pursuant to Article II, III or VII shall not be effective until received by the Agentupon receipt. Delivery by telecopier of an executed counterpart of any amendment or waiver of any provision of this Agreement or the Notes or of any Exhibit hereto to be executed and delivered hereunder shall be effective as delivery of a manually executed counterpart thereof.
Appears in 2 contracts
Samples: 364 Day Credit Agreement (Monsanto Co /New/), Credit Agreement (Monsanto Co /New/)
Notices, Etc. All notices and other communications provided for hereunder shall be in writing (including telecopier, telegraphic or telex communication) and mailed, telecopied, telegraphed, telexed or delivered, if to the Borrower, at its address at 0000 0xx Xxxxxxxxx Xxxxx, 0 Xxxxxx Xxxxxx, XxxxxxxXxxxxxxx XX00, XX 00000Bermuda, Attention: TreasurerChief Financial Officer, with a copy to Xxxxx Xxxxxx, Esq., Xxxxx Xxxxxxxxxx LLP, 0000 Xxxxxx xx xxx Xxxxxxxx, Xxx Xxxx, Xxx Xxxx 00000-0000; if to any Initial Lender, at its Domestic Lending Office specified opposite its name on Schedule I hereto; if to any other Lender, at its Domestic Lending Office specified in the Assumption Agreement or the Assignment and Acceptance pursuant to which it became a Lender; and if to the Agent, at its address at Xxx Xxxx Xxxxx Xxx, Xxx XxxxxXxxxxx, Xxxxxxx Xxxxxxxx, Xxxxxxxx 00000, Attention: Xxxx XxxxxxBank Loan Syndications Department; or, as to the Borrower or the Agent, at such other address as shall be designated by such party in a written notice to the other parties and, as to each other party, at such other address as shall be designated by such party in a written notice to the Borrower and the Agent. All such notices and communications shall, when mailed, telecopied, telegraphed or telexed, be effective when deposited in the mails, telecopied, delivered to the telegraph company or confirmed by telex answerback, respectively, except that notices and communications to the Agent pursuant to Article II, III or VII shall not be effective until received by the Agent. Delivery by telecopier of an executed counterpart of any amendment or waiver of any provision of this Agreement or the Notes or of any Exhibit hereto to be executed and delivered hereunder shall be effective as delivery of a manually executed counterpart thereof.
Appears in 2 contracts
Samples: Credit Agreement (Platinum Underwriters Holdings LTD), 364 Day Credit Agreement (Platinum Underwriters Holdings LTD)
Notices, Etc. All notices and other communications provided for hereunder shall be in writing (including telecopier, telegraphic or telex telecopy communication) and mailed, telecopied, telegraphed, telexed telecopied or delivered, if to the Borrower, at its address at 0000 0xx Xxxxxx3915 Delaware Avenue, XxxxxxxDes Moines, XX 00000Iowa 50313, Attention: TreasurerDean Xxxxxxxxxx; if to any xx xx xxx Xxxxxxx Xxxxxx xx xxx Initial LenderIssuinx Xxxx, at its xx xxs Domestic Lending Office specified opposite its name on Schedule I hereto; if to any other LenderLender Party, at its Domestic Lending Office specified in the Assignment and Acceptance pursuant to which it became a LenderLender Party; and if to the Administrative Agent, at its address at Xxx Xxxx Xxx XxxxxOne Federal Street, Xxxxxxx XxxxxxxxBoston, 00000MA 02110, Attention: Xxxx XxxxxxSteve Curran; orox, as to the Borrower or the Agentxx xx xxxx xxxxx, at such other address xx xxxx xxxxx xxxxess as shall be designated xxxxxxxxxx by such party in a written notice to the other parties and, as to each other party, at such other address as shall be designated by such party in a written notice to the Borrower and the Agentparties. All such notices and communications shall, when mailed, mailed or telecopied, telegraphed or telexed, be effective when deposited in the mails, telecopied, delivered to the telegraph company mails or confirmed transmitted by telex answerbacktelecopier, respectively, except that notices and communications to the Administrative Agent pursuant to Article II, III or VII shall not be effective until received by the Administrative Agent. Delivery by telecopier of an executed counterpart of any amendment or waiver of any provision of this Agreement or the Notes or of any Exhibit hereto to be executed and delivered hereunder shall be effective as delivery of a manually executed counterpart thereof.
Appears in 2 contracts
Samples: Credit Agreement (Quality Stores Inc), Credit Agreement (Quality Stores Inc)
Notices, Etc. All notices and other communications ------------ provided for hereunder shall be in writing (including telecopier, telegraphic or telex communication) and mailed, telecopied, telegraphed, telexed or delivered, if to the Borrower, at its address at 0000 0xx 000 Xxxx 00xx Xxxxxx, XxxxxxxXxx Xxxx, XX Xxx Xxxx 00000, Attention: Treasurer, with a copy to Corporate Secretary; if to any Initial Lender, at its Domestic Lending Office specified opposite its name on Schedule I hereto; if to any other Lender, at its Domestic Lending Office specified in the Assignment and Acceptance pursuant to which it became a Lender; and if to the Agent, at its address at Xxx Xxxx Xxxxx Xxx, Xxx XxxxxXxxxxx, Xxxxxxx Xxxxxxxx, Xxxxxxxx 00000, Attention: Xxxx XxxxxxBank Loan Syndications Department; or, as to the Borrower or the Agent, at such other address as shall be designated by such party in a written notice to the other parties and, as to each other party, at such other address as shall be designated by such party in a written notice to the Borrower and the Agent. All such notices and communications shall, when mailed, telecopied, telegraphed or telexed, be effective when deposited in the mails, telecopied, delivered to the telegraph company or confirmed by telex answerback, respectively, except that notices and communications to the Agent pursuant to Article II, III or VII shall not be effective until received by the Agent. Delivery by telecopier of an executed counterpart of any amendment or waiver of any provision of this Agreement or the Notes or of any Exhibit hereto to be executed and delivered hereunder shall be effective as delivery of a manually executed counterpart thereof.
Appears in 2 contracts
Samples: 364 Day Credit Agreement (International Flavors & Fragrances Inc), Credit Agreement (International Flavors & Fragrances Inc)
Notices, Etc. All notices and other communications provided for hereunder shall be in writing (including telecopiertelegraphic, telegraphic telecopier or telex communication) and mailed, telegraphed, telecopied, telegraphed, telexed or delivereddelivered to, if in the case of the Borrower or the Collateral Agent, addressed to it at its address specified in the Credit Agreement and, in the case of each Grantor other than the Borrower, addressed to it at its address at 0000 0xx Xxxxxx, Xxxxxxx, XX 00000, Attention: Treasurer; if to any Initial Lender, at its Domestic Lending Office specified set forth opposite its such Grantor’s name on Schedule I hereto; if the signature pages hereto or on the signature page to any other Lender, at its Domestic Lending Office specified in the Assignment and Acceptance Security Agreement Supplement pursuant to which it became a Lender; and if to the Agent, at its address at Xxx Xxxx Xxx Xxxxx, Xxxxxxx Xxxxxxxx, 00000, Attention: Xxxx Xxxxxxparty hereto; or, as to the Borrower or the Agentany party, at such other address as shall be designated by such party in a written notice to the other parties and, as to each other party, at such other address as shall be designated by such party in a written notice to the Borrower and the Agentparties. All such notices and other communications shall, when mailed, telecopiedtelegraphed, telegraphed telecopied or telexed, be effective when deposited in the mails, telecopiedmail, delivered to the telegraph company company, telecopied or confirmed by telex answerback, respectively, addressed as aforesaid; except that notices and other communications to the Collateral Agent pursuant to Article II, III or VII shall not be effective until received by the Collateral Agent. Delivery by telecopier of an executed counterpart of any amendment or waiver of any provision of this Agreement or the Notes or of any Exhibit Security Agreement Supplement or Schedule hereto to be executed and delivered hereunder shall be effective as delivery of a manually an original executed counterpart thereof.
Appears in 2 contracts
Samples: Security Agreement (Itc Deltacom Inc), Security Agreement (Itc Deltacom Inc)
Notices, Etc. All notices and other communications provided for hereunder shall be either (i) in writing (including telecopiertelegraphic, telegraphic telecopier or telex communication) and mailed, telegraphed, telecopied, telegraphed, telexed or deliveredotherwise delivered or (ii) by electronic mail (if electronic mail addresses are designated as provided below) confirmed immediately in writing, if in the case of the Borrower or the Administrative Agent, addressed to it at its address specified in the 2005 Credit Agreement and, in the case of each Grantor other than the Borrower, addressed to it at its address at 0000 0xx Xxxxxx, Xxxxxxx, XX 00000, Attention: Treasurer; if to any Initial Lender, at its Domestic Lending Office specified set forth opposite its such Grantor’s name on Schedule I hereto; if the signature pages hereto or on the signature page to any other Lender, at its Domestic Lending Office specified in the Assignment and Acceptance Security Agreement Supplement pursuant to which it became a Lender; and if to the Agent, at its address at Xxx Xxxx Xxx Xxxxx, Xxxxxxx Xxxxxxxx, 00000, Attention: Xxxx Xxxxxxparty hereto; or, as to the Borrower or the Agentany party, at such other address as shall be designated by such party in a written notice to the other parties and, as to each other party, at such other address as shall be designated by such party in a written notice to the Borrower and the Agentparties. All such notices and other communications shall, when mailed, telegraphed, telecopied, telegraphed telexed, sent by electronic mail or telexedotherwise, be effective when deposited in the mails, telecopied, delivered to the telegraph company or company, telecopied, confirmed by telex answerback, sent by electronic mail and confirmed in writing, or otherwise delivered (or confirmed by a signed receipt), respectively, addressed as aforesaid; except that notices and other communications to the Administrative Agent pursuant to Article II, III or VII shall not be effective until received by the Administrative Agent. Delivery by telecopier of an executed counterpart of any amendment or waiver of any provision of this Agreement or the Notes or of any Exhibit Security Agreement Supplement or Schedule hereto to be executed and delivered hereunder shall be effective as delivery of a manually an original executed counterpart thereof.
Appears in 2 contracts
Samples: Security Agreement (Jones Apparel Group Inc), Security Agreement (Jones Apparel Group Inc)
Notices, Etc. All notices and other communications provided for hereunder shall be in writing writing, or by any telecommunications device capable of creating a written record (including telecopier, telegraphic or telex communicationelectronic mail) and mailed, telecopied, telegraphed, telexed or deliveredaddressed, if to the Borrower, at its address at 0000 0xx Xxxxxx00000 Xxxxxxx Xxxxxxxxx, XxxxxxxXxxxxxxxx, XX 00000Xxxxxxxx, 00000 Attention: TreasurerTreasury Group; if to any Initial the initial Lender, at its Domestic Lending Office specified opposite its name on Schedule I hereto00000 Xxxxxxx Xxxxxxxxx, Xxxxxxxxx, Xxxxxxxx, 00000 Attention: Treasury Group; if to any other Lender, at its Domestic Lending Office the address specified in the Assignment and Acceptance pursuant to which it became a Lender; and if to the Agent, at its address at Xxx Xxxx Xxx Xxxxx, Xxxxxxx Xxxxxxxx, 00000, Attention: Xxxx Xxxxxx; or, as to the Borrower or the AgentLender, at such other address as shall be designated by such party in a written notice to the other parties and, as to each other party, at such other address as shall be designated by such party in a written notice to the Borrower and the Agent. All such notices and communications shall, when mailed, telecopied, telegraphed or telexed, shall be effective (i) if delivered by hand, including any overnight courier service, upon personal delivery, (ii) if delivered by mail, when deposited in the mails, telecopiedand (iii) if delivered by electronic mail or any other telecommunications device, delivered when transmitted to the telegraph company an electronic mail address (or confirmed by telex answerbackanother means of electronic delivery); provided, respectivelyhowever, except that notices and communications to the Agent Lender pursuant to Article II, II or III or VII shall not be effective until received by the AgentLender. Delivery by telecopier of an executed counterpart of any amendment Any notice or waiver of any provision of this Agreement communication to the Borrower or the Notes or of any Exhibit hereto Lender will also be provided to be executed and delivered hereunder shall be effective DTV at its address specified in the Merger Agreement for so long as delivery of a manually executed counterpart thereofthe Merger Agreement is in effect.
Appears in 2 contracts
Samples: Revolving Credit Agreement (Liberty Entertainment, Inc.), Revolving Credit Agreement (Liberty Entertainment, Inc.)
Notices, Etc. All notices and other communications provided for hereunder shall be either (i) in writing (including telecopier, telegraphic or telex telecopier communication) and mailed, telecopiedtelecopied or otherwise delivered or (ii) by electronic mail (if electronic mail addresses are designated as provided below) confirmed immediately in writing, telegraphedin the case of the Borrower or the Agent, telexed or deliveredaddressed to it at its address specified in the Credit Agreement and, if to in the case of each Pledgor other than the Borrower, addressed to it at its address at 0000 0xx Xxxxxx, Xxxxxxx, XX 00000, Attention: Treasurer; if to any Initial Lender, at its Domestic Lending Office specified set forth opposite its such Pledgor’s name on Schedule I hereto; if the signature pages hereto or on the signature page to any other Lender, at its Domestic Lending Office specified in the Assignment and Acceptance Pledge Agreement Supplement pursuant to which it became a Lender; and if to the Agent, at its address at Xxx Xxxx Xxx Xxxxx, Xxxxxxx Xxxxxxxx, 00000, Attention: Xxxx Xxxxxxparty hereto; or, as to the Borrower or the Agentany party, at such other address as shall be designated by such party in a written notice to the other parties and, as to each other party, at such other address as shall be designated by such party in a written notice to the Borrower and the Agentparties. All such notices and other communications shall, when mailed, telecopied, telegraphed sent by electronic mail or telexedotherwise, be effective when deposited in the mails, telecopied, sent by electronic mail and confirmed in writing, or otherwise delivered to the telegraph company (or confirmed by telex answerbacka signed receipt), respectively, addressed as aforesaid; except that notices and other communications to the Agent pursuant to Article II, III or VII shall not be effective until received by the Agent. Delivery by telecopier of an executed counterpart of any amendment or waiver of any provision of this Agreement or the Notes or of any Exhibit Pledge Agreement Supplement or Schedule hereto to be executed and delivered hereunder shall be effective as delivery of a manually an original executed counterpart thereof.
Appears in 2 contracts
Samples: Pledge Agreement (Chemtura CORP), Pledge Agreement (Chemtura CORP)
Notices, Etc. All notices and Except as otherwise specified herein, all notices, requests, demands or other communications provided for hereunder to or upon the respective parties hereto shall be in writing (including telecopiersent or delivered by mail, telegraphic telegraph, telex, telecopy, cable or telex communication) courier service and mailed, telecopied, telegraphed, telexed or delivered, if to the Borrower, at its address at 0000 0xx Xxxxxx, Xxxxxxx, XX 00000, Attention: Treasurer; if to any Initial Lender, at its Domestic Lending Office specified opposite its name on Schedule I hereto; if to any other Lender, at its Domestic Lending Office specified in the Assignment and Acceptance pursuant to which it became a Lender; and if to the Agent, at its address at Xxx Xxxx Xxx Xxxxx, Xxxxxxx Xxxxxxxx, 00000, Attention: Xxxx Xxxxxx; or, as to the Borrower or the Agent, at such other address as shall be designated by such party in a written notice to the other parties and, as to each other party, at such other address as shall be designated by such party in a written notice to the Borrower and the Agent. All all such notices and communications shall, when mailed, telegraphed, telexed, telecopied, telegraphed or telexedcabled or sent by courier, be effective when deposited in the mails, telecopied, delivered to the telegraph company, cable company or confirmed overnight courier, as the case may be, or sent by telex answerback, respectivelyor telecopier, except that notices and communications to the Agent pursuant to Article II, III Pledgee or VII any Pledgor shall not be effective until received by the AgentPledgee or such Pledgor, as the case may be. Delivery by telecopier of an executed counterpart of any amendment or waiver of any provision of this Agreement or the Notes or of any Exhibit hereto to be executed All notices and delivered hereunder other communications shall be effective in writing and addressed as delivery follows:
(a) if to any Pledgor, at its address set forth opposite its signature below;
(b) if to the Pledgee, at: 00 Xxxx Xxxxxx Xxx Xxxx, Xxx Xxxx 00000 Attention: Xxxxxxx Xxxxx Telephone No.: (000) 000-0000 Telecopier No.: (000) 000-0000
(c) if to any Lender Creditor, either (x) to the Administrative Agent, at the address of a manually executed counterpart thereofthe Administrative Agent specified in the Credit Agreement, or (y) at such address as such Lender Creditor shall have specified in the Credit Agreement;
(d) if to any Other Creditor, at such address as such Other Creditor shall have specified in writing to the Pledgors and the Pledgee; or at such other address or addressed to such other individual as shall have been furnished in writing by any Person described above to the party required to give notice hereunder.
Appears in 2 contracts
Samples: Pledge Agreement (Lee Enterprises, Inc), Pledge Agreement (Lee Enterprises, Inc)
Notices, Etc. All notices and other communications ------------ provided for hereunder shall be in writing (including telecopier, telegraphic or telex communication) and mailed, telecopied, telegraphed, telexed or delivered, if to the BorrowerCompany, at its address at 0000 0xx Xxxxxx, Xxxxxxx Xxxxxxx Xxxxxxx, XX Xxxxxxxx, Xxxxxx 00000, Attention: TreasurerTreasurer (Telecopier No.: (000) 000-0000); if to Sprint Capital, at its address at 0000 Xxxxxxx Xxxxxxx Xxxxxxx, Xxxxxxxx, Xxxxxx 00000, Attention: Treasurer (Telecopier No.: (000) 000-0000); if to any Initial Lender, at its Domestic Lending Office specified opposite its name on Schedule I hereto; if to any other Lender, at its Domestic Lending Office specified in the Assignment and Acceptance or the Assumption Agreement pursuant to which it became a Lender; and if to the Administrative Agent, at its address at 000 Xxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx Xxx Xxxxx, Xxxxxxx Xxxxxxxx, 00000, Attention: Xxxxxx Xxxx Xxxxxx(Telecopier No.: _________); or, as to the any Borrower or the Administrative Agent, at such other address as shall be designated by such party in a written notice to the other parties and, as to each other party, at such other address as shall be designated by such party in a written notice to the Borrower Borrowers and the Administrative Agent. All such notices and communications shall, when mailed, telecopied, telegraphed or telexed, be effective when deposited in the mails, telecopied, delivered to the telegraph company or confirmed by telex answerback, respectively, except that notices and communications to the Administrative Agent pursuant to Article II, III or VII shall not be effective until received by the Administrative Agent. Delivery by telecopier of an executed counterpart of any amendment or waiver of any provision of this Agreement or the Notes or of any Exhibit (other than the Notes) hereto to be executed and delivered hereunder shall be effective as delivery of a manually executed counterpart thereof.
Appears in 2 contracts
Samples: Credit Agreement (Sprint Corp), 364 Day Credit Agreement (Sprint Corp)
Notices, Etc. All notices and other communications provided for hereunder shall be in writing (including telecopiertelegraphic, telegraphic telecopy or telex e-mail communication) and mailed, telegraphed, telecopied, telegraphed, telexed or delivered, if to the Borrower, at its address at 0000 0xx 100 Xxxxx Xxxxx Xxxxxx, XxxxxxxXxxxxx, XX Xxxxx Xxxxxxxx 00000, Attention: TreasurerChief Financial Officer (with a copy to the attention of the General Counsel at the same address); if to any the Initial Lender, at its Domestic Lending Office specified opposite its name on Schedule I heretoin Section 1.01; if to any other Lender, at its Domestic Lending Office specified in the Assignment and Acceptance pursuant to which it became a Lender; and if to the Administrative Agent, at its address at 4 World Financial Center, Nxxxx Xxxxx, Xxx Xxxx, Xxx Xxxx Xxx Xxxxx, Xxxxxxx Xxxxxxxx, 00000, Attention: Xxxx XxxxxxCxxxxxxx Xxxxxxxx; or, as to the Borrower or the Agentany party, at such other address as shall be designated by such party in a written notice to the other parties and, as to each other party, at such other address as shall be designated by such party in a written notice to the Borrower and the Agentparties. All such notices and other communications shall, when mailed, telegraphed, telecopied, telegraphed telexed or telexeddelivered, be effective when (i) in the event of mail, three Business Days after such notice or other communication is deposited in the mailsmails and (ii) in the event of telegraph, telecopiedtelecopy or telex, delivered to the telegraph company upon confirmation of transmission or confirmed by telex answerback, respectivelydelivery, except that notices and communications to the any Agent pursuant to Article II, III or VII shall not be effective until received by the such Agent. Delivery by telecopier of an executed counterpart of a signature page to this Agreement or to any amendment or waiver of any provision of this Agreement or the Notes or of any Exhibit hereto to be executed and delivered hereunder shall be effective as delivery of a manually an original executed counterpart thereof.
Appears in 2 contracts
Samples: Credit Agreement (Madison River Communications Corp), Credit Agreement (Madison River Communications Corp.)
Notices, Etc. All notices and other communications provided for hereunder shall be in writing (including telecopier, telegraphic or telex telecopy communication) and mailed, telecopied, telegraphed, telexed telecopied or delivered, if to the Borrower, at its address at 0000 0xx Xxxxxxxx Xxxxxx, XxxxxxxXxx Xxxxxx, XX Xxxx 00000, Attention: TreasurerXxxx Xxxxxxxxxx; if to any Initial LenderLender or the Initial Issuing Bank, at its Domestic Lending Office specified opposite its name on Schedule I hereto; if to any other LenderLender Party, at its Domestic Lending Office specified in the Assignment and Acceptance pursuant to which it became a LenderLender Party; and if to the Administrative Agent, at its address at Xxx Xxxx Xxx XxxxxXxxxxxx Xxxxxx, Xxxxxxx XxxxxxxxXxxxxx, XX 00000, Attention: Xxxx Xxx Xxxxxx; or, as to the Borrower or the Agenteach party, at such other address as shall be designated by such party in a written notice to the other parties and, as to each other party, at such other address as shall be designated by such party in a written notice to the Borrower and the Agentparties. All such notices and communications shall, when mailed, mailed or telecopied, telegraphed or telexed, be effective when deposited in the mails, telecopied, delivered to the telegraph company mails or confirmed transmitted by telex answerbacktelecopier, respectively, except that notices and communications to the Administrative Agent pursuant to Article II, III or VII shall not be effective until received by the Administrative Agent. Delivery by telecopier of an executed counterpart of any amendment or waiver of any provision of this Agreement or the Notes or of any Exhibit hereto to be executed and delivered hereunder shall be effective as delivery of a manually executed counterpart thereof.
Appears in 2 contracts
Samples: Credit Agreement (Central Tractor Farm & Country Inc), Credit Agreement (Central Tractor Farm & Country Inc)
Notices, Etc. All notices and other communications provided for hereunder shall be in writing (including telecopier, telegraphic or telex communication) and mailed, telecopied, telegraphed, telexed or delivered, if to the Borrower, at its address at 0000 0xx 1000 00xx Xxxxxx, XxxxxxxX.X., XX Xxxxxxxxxx, X.X. 00000, Attention: Treasurer; if to any Initial Lender, at its Domestic Lending Office specified opposite its name on Schedule I hereto; if to any other Lender, at its Domestic Lending Office specified in the Assumption Agreement or the Assignment and Acceptance pursuant to which it became a Lender; and if to the Agent, at its address at Txx Xxxxx Xxx, Xxxxx 000, Xxx Xxxx Xxx XxxxxXxxxxx, Xxxxxxx Xxxxxxxx, Xxxxxxxx 00000, Attention: Xxxx Cxxxxxxx Xxxxxx; or, as to the Borrower or the Agent, at such other address as shall be designated by such party in a written notice to the other parties and, as to each other party, at such other address as shall be designated by such party in a written notice to the Borrower and the Agent. All such notices and communications shall, when mailedhand delivered, telecopied, telegraphed or telexed, be effective when deposited in the mails, telecopied, delivered to the telegraph company or confirmed by telex answerback, respectively, except that notices and communications to the Agent pursuant to Article II, III or VII shall not be effective until received by the Agentreceived. Delivery by telecopier of an executed counterpart of any amendment or waiver of any provision of this Agreement or the Notes or of any Exhibit hereto to be executed and delivered hereunder shall be effective as delivery of a manually executed counterpart thereof.
Appears in 2 contracts
Samples: 364 Day Credit Agreement (Washington Post Co), Credit Agreement (Washington Post Co)
Notices, Etc. All notices and other communications provided for hereunder shall be in writing (including telecopier, telegraphic telegraphic, telex or telex cable communication) and mailed, telecopied, telegraphed, telexed telexed, cabled or delivered, if to the any Borrower, at its address at 0000 0xx Xxxxxx00 X. Xxxxxxxx, Xxxxxxx37th Floor, XX 00000Chicago, IL 60603, Attention: TreasurerJ. Xxxxx Xxxxxxxx, Telecopy: (000) 000-0000; if to any Initial Lender, at its Domestic Lending Office specified opposite in its name on Schedule I hereto; if to any other Lender, at its Domestic Lending Office specified Administrative Questionnaire or in the Assignment and Acceptance pursuant to which it became a Lender; and if to the Administrative Agent, at its address at Xxx 0 Xxxx Xxx Xxxxx, Xxxxxxx XxxxxxxxXxxx Xxxxx XX0-0000, Xxxxxxx, Xxxxxxxx 00000, Attention: Xxxx Xx. Xxx Xxxxxx; , Telecopy: (000) 000-0000 with a copy to JPMorgan Chase Bank, 0000 Xxxxxx, 10th Floor, Houston, TX 77002, Attn: Xxxxx Xxxxxx, Telecopy: (000) 000-0000 or, as to the Borrower or the Agenteach party, at such other address as shall be designated by such party in a written notice to the other parties and, as to each other party, at such other address as shall be designated by such party in a written notice to the Borrower and the Agentparties. All such notices and communications shall, when mailed, telecopied, telegraphed telegraphed, telexed or telexedcabled, be effective when deposited in the mails, telecopied, delivered to the telegraph company or company, confirmed by telex answerbackanswerback or delivered to the cable company, respectively, except that notices and communications to the Administrative Agent pursuant to Article II, III II or VII shall not be effective until received by the Administrative Agent. Delivery by telecopier of an executed counterpart of any amendment or waiver of any provision of this Agreement or the Notes or of any Exhibit hereto to be executed and delivered hereunder shall be effective as delivery of a manually executed counterpart thereof.
Appears in 2 contracts
Samples: Credit Agreement, Credit Agreement
Notices, Etc. All notices and other communications provided for hereunder shall be in writing (including telecopier, telegraphic or telex telecopier communication) and mailed, telecopied, telegraphed, telexed telecopied or delivered, if to the U.S. Borrower, at its address at 0000 0xx Hexion Specialty Chemicals, Inc., 000 Xxxx Xxxxx Xxxxxx, XxxxxxxXxxxxxxx, XX Xxxx 00000, Attention: Treasurer; if to any Initial Lenderthe Foreign Borrower, at its Domestic Lending Office specified opposite its name on Schedule I heretoXxxxxx Luxembourg S. à x. x. c/o Hexion Specialty Chemicals, Inc., 000 Xxxx Xxxxx Xxxxxx, Xxxxxxxx, Xxxx 00000, Attention: Treasurer; if to the Lenders, c/o Apollo Management, L.P., Xxx Xxxxxxxxxxxxxx Xxxx, Xxxxx 000, Xxxxxxxx, Xxx Xxxx 00000, Attention: General Counsel; if to any other Lender, at its Domestic Lending Office address specified in the Assignment and Acceptance pursuant to which it became a Lender; and if to the Agent, at its address at Xxx Xxxx Xxx Xxxxx, Xxxxxxx Xxxxxxxx, 00000, Attention: Xxxx Xxxxxx; or, as to the Borrower Borrowers or the AgentLender, at such other address as shall be designated by such party in a written notice to the other parties and, as to each other party, at such other address as shall be designated by such party in a written notice to the Borrower and the Agent. All such notices and communications shall, when mailed, telecopied, telegraphed or telexed, shall be effective when deposited in delivered or received at the mails, telecopied, delivered appropriate address or number to the telegraph company attention of the appropriate individual or confirmed by telex answerback, respectivelydepartment, except that notices and communications to the Agent any Lender pursuant to Article II, III II or VII IV shall not be effective until received by the Agentsuch Lender. Delivery by telecopier of an executed counterpart of any amendment or waiver of any provision of this Agreement or the Notes Agreement, any other Loan Document or of any Exhibit exhibit hereto to be executed and delivered hereunder shall be effective as delivery of a manually executed counterpart thereof.
Appears in 2 contracts
Samples: Credit Agreement (Hexion Specialty Chemicals, Inc.), Credit Agreement (Hexion Specialty Chemicals, Inc.)
Notices, Etc. All notices and other communications ------------ provided for hereunder shall be in writing (including telecopier, telegraphic or telex communication) and mailed, telecopied, telegraphed, telexed or delivered, if to the Borrower, at its address at 0000 0xx 00 Xxxxx Xxxxx Xxxxxx, XxxxxxxSuite 1900, XX 00000Jacksonville, Florida 32202, Attention: Treasurer, with a copy to: Corporate Secretary; if to any Initial Lender, at its Domestic Lending Office specified opposite its name on Schedule I hereto; if to any other Lender, at its Domestic Lending Office specified in the Assumption Agreement or the Assignment and Acceptance pursuant to which it became a Lender; and if to the Agent, at its address at Xxx Xxxx Xxxxx Xxx, Xxx XxxxxXxxxxx, Xxxxxxx Xxxxxxxx, Xxxxxxxx 00000, Attention: Xxxx XxxxxxBank Loan Syndications Department; or, as to the Borrower or the Agent, at such other address as shall be designated by such party in a written notice to the other parties and, as to each other party, at such other address as shall be designated by such party in a written notice to the Borrower and the Agent. All such notices and communications shall, when mailed, telecopied, telegraphed or telexed, be effective when deposited in the mails, telecopied, delivered to the telegraph company or confirmed by telex answerback, respectively, except that notices and communications to the Agent pursuant to Article II, III or VII shall not be effective until received by the Agent. Delivery by telecopier of an executed counterpart of any amendment or waiver of any provision of this Agreement or the Notes or of any Exhibit hereto to be executed and delivered hereunder shall be effective as delivery of a manually executed counterpart thereof.
Appears in 2 contracts
Samples: 364 Day Credit Agreement (Rayonier Inc), Credit Agreement (Rayonier Inc)
Notices, Etc. All notices and other communications provided for hereunder shall be in writing (including telecopier, telegraphic or telex communication) and mailed, telecopied, telegraphed, telexed or delivered, if to the Borrower, at its address at 0000 0xx 000 Xxxx 00xx Xxxxxx, XxxxxxxXxx Xxxx, XX Xxx Xxxx 00000, Attention: Treasurer, with a copy to Corporate Secretary; if to any Initial Lender, at its Domestic Lending Office specified opposite its name on Schedule I hereto; if to any other Lender, at its Domestic Lending Office specified in the Assumption Agreement or the Assignment and Acceptance pursuant to which it became a Lender; and if to the Agent, at its address at Xxx Xxxx Xxxxx Xxx, Xxx XxxxxXxxxxx, Xxxxxxx Xxxxxxxx, Xxxxxxxx 00000, Attention: Xxxx XxxxxxBank Loan Syndications Department; or, as to the Borrower or the Agent, at such other address as shall be designated by such party in a written notice to the other parties and, as to each other party, at such other address as shall be designated by such party in a written notice to the Borrower and the Agent. All such notices and communications shall, when mailed, telecopied, telegraphed or telexed, be effective when deposited in the mails, telecopied, delivered to the telegraph company or confirmed by telex answerback, respectively, except that notices and communications to the Agent pursuant to Article II, III or VII shall not be effective until received by the Agent. Delivery by telecopier of an executed counterpart of any amendment or waiver of any provision of this Agreement or the Notes or of any Exhibit hereto to be executed and delivered hereunder shall be effective as delivery of a manually executed counterpart thereof.
Appears in 2 contracts
Samples: Credit Agreement (International Flavors & Fragrances Inc), Credit Agreement (International Flavors & Fragrances Inc)
Notices, Etc. All notices and other communications provided for hereunder shall be in writing (including telecopier, telegraphic or telex communication) and mailedmailed (return receipt requested), telecopied, telegraphed, telexed or delivered, if to the BorrowerCompany or to any Designated Subsidiary, at its the Company's address at 0000 0xx Xxxxxx000 Xxxxxxxx Xxxx, XxxxxxxXxxxxxxxxx, XX Xxx Xxxxxx 00000-0000, Attention: Assistant Treasurer; if to any Initial Lender, at its Domestic Lending Office specified opposite its name on Schedule I hereto; if to any other Lender, at its Domestic Lending Office specified in the Assumption Agreement or the Assignment and Acceptance pursuant to which it became a Lender; and if to the Agent, at its address at Xxx Xxxx Xxxxx Xxx, Xxx XxxxxXxxxxx, Xxxxxxx Xxxxxxxx, Xxxxxxxx 00000, Attention: Bank Loan Syndications Department, with a copy to 000 Xxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000, Attention: _______________; or, as to the any Borrower or the Agent, at such other address as shall be designated by such party in a written notice to the other parties and, as to each other party, at such other address as shall be designated by such party in a written notice to the Borrower Company and the Agent. All such notices and communications shall, when mailed, telecopied, telegraphed or telexed, be effective when deposited in the mails, telecopied, delivered to the telegraph company or confirmed by telex answerback, respectively, except that notices and communications to the Agent pursuant to Article II, III or VII VIII shall not be effective until received by the Agent. Delivery by telecopier of an executed counterpart of any amendment or waiver of any provision of this Agreement or the Notes or of any Exhibit hereto to be executed and delivered hereunder shall be effective as delivery of a manually executed counterpart thereof.
Appears in 2 contracts
Samples: 364 Day Backstop Credit Agreement (Alliedsignal Inc), 364 Day Backstop Credit Agreement (Alliedsignal Inc)
Notices, Etc. All notices notices, directions, requests and other communications provided for hereunder shall be in writing (including telecopier, telegraphic telegraphic, telex or telex e-mail communication) and mailed, telecopied, telegraphed, telexed telexed, delivered or deliverede-mailed, if to the Borrower, at its address at 0000 0xx c/o On Deck Capital, Inc., 000 Xxxx 00xx Xxxxxx, Xxxxxxx0xx Xxxxx, Xxx Xxxx, XX 00000, Attention: TreasurerXxxx Xxxxxxx (e-mail: xxxxxxxx@xxxxxxxxxxxxx.xxx); if to any Initial Lender, at the address set forth in its Domestic Lending Office specified opposite its name on Schedule I hereto; if to any other Lender, at its Domestic Lending Office specified in the Assignment and Acceptance pursuant to which it became a LenderCommitment Form; and if to the Collateral Agent, at its address at Xxxxx Xxxx, Alternative and Structured Finance Services, Trust & Securities Services, Deutsche Bank Trust Company Americas, 00 Xxxx Xxxxxx, 00xx Xxxxx – MS NYC 602606, Xxx Xxxx, Xxx Xxxx Xxx Xxxxx, Xxxxxxx Xxxxxxxx, 00000, Attention: Xxxx Xxxxxx; or, as to the Borrower or the Collateral Agent, at such other address as shall be designated by such party in a written notice to the other parties and, as to each other party, at such other address as shall be designated by such party in a written notice to the Borrower and the Collateral Agent. All such notices and communications shall, when mailed, telecopied, telegraphed telegraphed, telexed or telexede-mailed, be effective when deposited in the mails, telecopied, delivered to the telegraph company or company, confirmed by telex answerback, respectively, except that notices and communications to the Agent pursuant to Article II, III answerback or VII shall not be effective until sent by e-mail (provided no notice is received by the Agente-mail sender within one (1) hour thereafter indicating that such e-mail was undeliverable or otherwise not delivered), as applicable. Delivery by telecopier of an executed counterpart of any amendment or waiver of any provision of this Agreement or the Notes or of any Exhibit hereto to be executed and delivered hereunder shall be effective as delivery of a manually executed counterpart thereof.
Appears in 2 contracts
Samples: Loan and Security Agreement (On Deck Capital Inc), Loan and Security Agreement (On Deck Capital Inc)
Notices, Etc. All notices and other communications ------------ provided for hereunder shall be in writing (including telecopier, telegraphic or telex communication) and mailed, telecopied, telegraphed, telexed or delivered, if to the Borrower, at its address at 0000 0xx Xxxxxxx Xxxxxx, XxxxxxxXxxx Xxxx, XX 00000, Xxxxxxxxxx 00000 Attention: Treasurer; if to any Initial Lender, at its Domestic Lending Office specified opposite its name on Schedule I hereto; if to any other Lender, at its Domestic Lending Office specified in the Assumption Agreement or the Assignment and Acceptance pursuant to which it became a Lender; and if to the Agent, at its address at Xxx Xxxx Xxxxx Xxx, Xxx XxxxxXxxxxx, Xxxxxxx Xxxxxxxx, Xxxxxxxx 00000, Attention: Xxxx XxxxxxBank Loan Syndications Department; or, as to the Borrower or the Agent, at such other address as shall be designated by such party in a written notice to the other parties and, as to each other party, at such other address as shall be designated by such party in a written notice to the Borrower and the Agent. All such notices and communications shall, when mailed, telecopied, telegraphed or telexed, be effective when deposited in the mails, telecopied, delivered to the telegraph company or confirmed by telex answerback, respectively, except that notices and communications to the Agent pursuant to Article II, III or VII shall not be effective until received by the Agent. Delivery by telecopier of an executed counterpart of any amendment or waiver of any provision of this Agreement or the Notes or of any Exhibit hereto to be executed and delivered hereunder shall be effective as delivery of a manually executed counterpart thereof.
Appears in 2 contracts
Samples: Credit Agreement (Agilent Technologies Inc), Credit Agreement (Agilent Technologies Inc)
Notices, Etc. All notices and other communications provided for hereunder shall be either (i) in writing (including telecopiertelegraphic, telegraphic telecopier or telex communication) and mailed, telecopiedtelegraphed, telegraphedfaxed, telexed or deliveredotherwise delivered or (ii) by electronic mail (if electronic mail addresses are designated as provided below) confirmed immediately in writing, if in the case of the Borrower or the Collateral Agent, addressed to it at its address specified in the Credit Agreement and, in the case of each Grantor other than the Borrower, addressed to it at its address at 0000 0xx Xxxxxx, Xxxxxxx, XX 00000, Attention: Treasurer; if to any Initial Lender, at its Domestic Lending Office specified set forth opposite its such Grantor’s name on Schedule I hereto; if the signature pages hereto or on the signature page to any other Lender, at its Domestic Lending Office specified in the Assignment and Acceptance Security Agreement Supplement pursuant to which it became a Lender; and if to the Agent, at its address at Xxx Xxxx Xxx Xxxxx, Xxxxxxx Xxxxxxxx, 00000, Attention: Xxxx Xxxxxxparty hereto; or, as to the Borrower or the Agentany party, at such other address as shall be designated by such party in a written notice to the other parties and, as to each other party, at such other address as shall be designated by such party in a written notice to the Borrower and the Agentparties. All such notices and other communications shall, when mailed, telecopiedtelegraphed, telegraphed faxed, telexed, sent by electronic mail or telexedotherwise, be effective when deposited in the mails, telecopied, delivered to the telegraph company or company, telecopied, confirmed by telex answerback, sent by electronic mail and confirmed in writing, or otherwise delivered (or confirmed by a signed receipt), respectively, addressed as aforesaid; except that notices and other communications to the Collateral Agent pursuant to Article II, III or VII shall not be effective until received by the Collateral Agent. Delivery by telecopier facsimile of an executed counterpart of any amendment or waiver of any provision of this Agreement or the Notes or of any Exhibit Security Agreement Supplement or Schedule hereto to be executed and delivered hereunder shall be effective as delivery of a manually an original executed counterpart thereof.
Appears in 2 contracts
Samples: Security Agreement (Kansas City Southern), Security Agreement (Kansas City Southern)
Notices, Etc. All notices and other communications provided for hereunder shall be either (i) in writing (including telecopiertelegraphic, telegraphic telecopier or telex communication) and mailed, telegraphed, telecopied, telegraphed, telexed or deliveredotherwise delivered or (ii) by electronic mail (if electronic mail addresses are designated as provided below) confirmed immediately in writing, if in the case of the Company or the Collateral Trustee, addressed to the Borrower, it at its address at 0000 0xx Xxxxxx, Xxxxxxx, XX 00000, Attention: Treasurer; if to any Initial Lender, at its Domestic Lending Office specified opposite its name on Schedule I hereto; if to any other Lender, at its Domestic Lending Office specified in the Assignment and Acceptance Collateral Trust Agreement and, in the case of each Grantor other than the Company, addressed to it at its address set forth opposite such Grantor’s name on the signature pages hereto or on the signature page to the Security Agreement Supplement pursuant to which it became a Lender; and if to the Agent, at its address at Xxx Xxxx Xxx Xxxxx, Xxxxxxx Xxxxxxxx, 00000, Attention: Xxxx Xxxxxxparty hereto; or, as to the Borrower or the Agentany party, at such other address as shall be designated by such party in a written notice to the other parties and, as to each other party, at such other address as shall be designated by such party in a written notice to the Borrower and the Agentparties. All such notices and other communications shall, when mailed, telegraphed, telecopied, telegraphed telexed, sent by electronic mail or telexedotherwise, be effective when deposited in the mails, telecopied, delivered to the telegraph company or company, telecopied, confirmed by telex answerback, sent by electronic mail and confirmed in writing, or otherwise delivered (or confirmed by a signed receipt), respectively, addressed as aforesaid; except that notices and other communications to the Agent pursuant to Article II, III or VII Collateral Trustee shall not be effective until received by the AgentCollateral Trustee. Delivery by telecopier of an executed counterpart of any amendment or waiver of any provision of this Agreement or the Notes or of any Exhibit Security Agreement Supplement or Schedule hereto to be executed and delivered hereunder shall be effective as delivery of a manually an original executed counterpart thereof.
Appears in 2 contracts
Samples: Second Lien Security Agreement (Terremark Worldwide Inc.), Security Agreement (Terremark Worldwide Inc.)
Notices, Etc. All notices and other communications provided for hereunder shall be either (a) in writing (including telecopiertelegraphic, telegraphic telecopier or telex communication) and mailed, telegraphed, telecopied, telegraphed, telexed or deliveredotherwise delivered or (b) by electronic mail (if electronic mail addresses are designated as provided below) confirmed immediately in writing, if in the case of the Borrower or the Collateral Agent (as provided for the Administrative Agent thereunder), addressed to it at its address specified in the Credit Agreement and, in the case of each Grantor other than the Borrower, addressed to it at its address at 0000 0xx Xxxxxx, Xxxxxxx, XX 00000, Attention: Treasurer; if to any Initial Lender, at its Domestic Lending Office specified set forth opposite its such Grantor’s name on Schedule I hereto; if the signature pages hereto or on the signature page to any other Lender, at its Domestic Lending Office specified in the Assignment and Acceptance Security Agreement Supplement pursuant to which it became a Lender; and if to the Agent, at its address at Xxx Xxxx Xxx Xxxxx, Xxxxxxx Xxxxxxxx, 00000, Attention: Xxxx Xxxxxxparty hereto; or, as to the Borrower or the Agentany party, at such other address as shall be designated by such party in a written notice to the other parties and, as to each other party, at such other address as shall be designated by such party in a written notice to the Borrower and the Agentparties. All such notices and other communications shallshall be deemed to be given or made upon the earlier to occur of (a) actual receipt by the relevant party hereto and (b) (i) if delivered by hand or by courier, when mailedsigned for by or on behalf of the relevant party hereto; (ii) if delivered by mail, telecopied, telegraphed or telexed, be effective when deposited four (4) Business Days after deposit in the mails, telecopiedpostage prepaid; (iii) if delivered by facsimile, when sent and receipt has been confirmed; and (iv) if delivered to the telegraph company or confirmed by telex answerbackelectronic mail, respectively, except that notices and communications to the Agent pursuant to Article II, III or VII shall not be effective until received by the Agentwhen delivered. Delivery by telecopier of “pdf” of an executed counterpart of any amendment or waiver of any provision of this Agreement or the Notes or of any Exhibit Security Agreement Supplement or Schedule hereto to be executed and delivered hereunder shall be effective as delivery of a manually an original executed counterpart thereof.
Appears in 2 contracts
Samples: First Lien Security Agreement (Universal Hospital Services Inc), First Lien Security Agreement (Universal Hospital Services Inc)
Notices, Etc. All notices and other communications provided for hereunder shall be in writing (including telecopier, telegraphic telegraphic, telex or telex cable communication) and mailed, telecopied, telegraphed, telexed telexed, cabled or delivered, if to the Borrower, at its address at 0000 0xx XxxxxxFive Xxxxxx Xxxxxxxx Xxxxx, XxxxxxxXxxx Xxxxxxxx, XX Xxx Xxxxxx 00000, Attention: Treasurer; if to any Initial LenderBank, at its Domestic Lending Office specified opposite its name on Schedule I hereto; if to any other Lender, at its Domestic Lending Office specified in the Assignment and Acceptance pursuant to which it became a Lender; and if to the Agent, at its address at 000 Xxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx Xxx Xxxxx, Xxxxxxx Xxxxxxxx, 00000, Attention: Xxxx XxxxxxChemicals Department, North American Global Finance Group; or, as to the Borrower or the Agent, at such other address as shall be designated by such party in a written notice to the other parties and, as to each other party, at such other address as shall be designated by such party in a written notice to the Borrower and the Agent. All such notices and communications shall, when mailed, telecopied, telegraphed telegraphed, telexed or telexedcabled, be effective when deposited in the mails, telecopied, delivered to the telegraph company or company, confirmed by telex answerbackanswerback or delivered to the cable company, respectively, except that notices and communications to the Agent pursuant to Article II, III or VII shall not be effective until received by the Agent. Delivery by telecopier of an executed counterpart of any amendment or waiver of any provision of this Agreement or the Notes or of any Exhibit hereto to be executed and delivered hereunder shall be effective as delivery of a manually executed counterpart thereof.
Appears in 2 contracts
Samples: Credit Agreement (Cytec Industries Inc/De/), Credit Agreement (Cytec Industries Inc/De/)
Notices, Etc. All notices and other communications provided for hereunder shall be in writing (including telecopier, telegraphic or telex communication) and mailed, telecopied, telegraphed, telexed or delivered, if to the BorrowerCompany, at its address at 0000 0xx XxxxxxX. Xxxxxxx 365, XxxxxxxPiso 2, XX 00000Of, 310, X0000XXX, Xxxxxx Xxxxx, Xxxxxxxxx, Attention: TreasurerChief Financial Officer; if to any Initial Lender or Subsequent Lender, at its Domestic Lending Office specified opposite its name on Schedule I hereto; if to any other Lender, at its Domestic Lending Office specified in the Assignment and Acceptance pursuant to which it became a Lender; and if to the Administrative Agent, at its address at Xxx Xxxx Xxx Xxxxxxxxxxx 000 (0000), Xxxxxx Xxxxx, Xxxxxxx Xxxxxxxx, 00000Xxxxxxxxx, Attention: Xxxx XxxxxxXxxxxx Aldorino; or, as to the Borrower Company or the Administrative Agent, at such other address as shall be designated by such party in a written notice to the other parties and, as to each other party, at such other address as shall be designated by such party in a written notice to the Borrower Company and the Administrative Agent. All such notices and communications shall, when mailed, telecopied, telegraphed or telexed, be effective when deposited in the mails, telecopied, delivered to the telegraph company or confirmed by telex answerback, respectively, except that notices and communications to the Administrative Agent pursuant to Article II, III or VII shall not be effective until received by the Administrative Agent. Delivery by telecopier of an executed counterpart the signature page of any amendment or waiver of any provision of this Agreement or the Floating Rate Notes or of any Exhibit hereto to be executed and delivered hereunder shall be effective as delivery of a manually executed counterpart thereof.
Appears in 2 contracts
Samples: Loan Agreement (Mastellone Brothers Inc), Loan Agreement (Leitesol Industry & Commerce Inc.)
Notices, Etc. All notices and other communications provided for hereunder shall be in writing (including telecopiertelegraphic, telegraphic telecopier or telex communication) and mailed, telegraphed, telecopied, telegraphed, telexed or delivereddelivered to, if in the case of the Borrower or the Collateral Agent, addressed to it at its address specified in the Credit Agreement and, in the case of each Grantor other than the Borrower, addressed to it at its address at 0000 0xx Xxxxxx, Xxxxxxx, XX 00000, Attention: Treasurer; if to any Initial Lender, at its Domestic Lending Office specified set forth opposite its such Grantor's name on Schedule I hereto; if the signature pages hereto or on the signature page to any other Lender, at its Domestic Lending Office specified in the Assignment and Acceptance Security Agreement Supplement pursuant to which it became a Lender; and if to the Agent, at its address at Xxx Xxxx Xxx Xxxxx, Xxxxxxx Xxxxxxxx, 00000, Attention: Xxxx Xxxxxxparty hereto; or, as to the Borrower or the Agentany party, at such other address as shall be designated by such party in a written notice to the other parties and, as to each other party, at such other address as shall be designated by such party in a written notice to the Borrower and the Agentparties. All such notices and other communications shall, when mailed, telecopiedtelegraphed, telegraphed telecopied or telexed, be effective when deposited in the mails, telecopiedmail, delivered to the telegraph company company, telecopied or confirmed by telex answerback, respectively, addressed as aforesaid; except that notices and other communications to the Collateral Agent pursuant to Article II, III or VII shall not be effective until received by the Collateral Agent. Delivery by telecopier of an executed counterpart of any amendment or waiver of any provision of this Agreement or the Notes or of any Exhibit Security Agreement Supplement or Schedule hereto to be executed and delivered hereunder shall be effective as delivery of a manually an original executed counterpart thereof.
Appears in 2 contracts
Samples: Security Agreement (Itc Deltacom Inc), Security Agreement (Itc Deltacom Inc)
Notices, Etc. All notices and other communications provided for hereunder shall be in writing (including telecopier, telegraphic or telex telecopier communication) and mailed, telecopied, telegraphed, telexed or delivered, if to the Borrower, at its address at 0000 0xx XxxxxxXxxxxxxxx Xxxxxx Xxxx, Xxxxxxx, XX Xxxxxxx 00000-0000, Attention: Treasurer, with a copy to Manager, Loan Administration, facsimile: 000-000-0000; if to any an Initial Lender, at its Domestic Lending Office specified opposite its name on Schedule I hereto; if to any other Lender, at its Domestic Lending Office specified in the Assignment and Acceptance pursuant to which it became a Lender; and if to the Agent, at its address at 00 Xxxxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx Xxx Xxxxx, Xxxxxxx Xxxxxxxx, 00000, Attention: Xxxx XxxxxxXxxxx Xxxxxxxxx, telephone: 000-000-0000, facsimile: 000-000-0000; or, as to the Borrower or the Agent, at such other address as shall be designated by such party in a written notice to the other parties and, as to each other party, at such other address as shall be designated by such party in a written notice to the Borrower and the Agent. All such notices and communications shall, when mailed, mailed or telecopied, telegraphed or telexed, be effective when deposited in the mails, mails or telecopied, delivered to the telegraph company or confirmed by telex answerback, respectively, except that notices and communications to the Agent pursuant to Article II, III or VII shall not be effective until received by the Agent. Delivery by telecopier of an executed counterpart hereof or of any amendment or waiver of any provision of this Agreement or the Notes or of any Exhibit hereto to be executed and delivered hereunder shall be effective as delivery of a manually executed counterpart thereof.
Appears in 2 contracts
Samples: Credit Agreement (Mirant Corp), 364 Day Credit Agreement (Mirant Corp)
Notices, Etc. All notices and other communications provided for hereunder shall be in writing (including telecopier, telegraphic or telex communication) and mailed, telecopied, telegraphed, telexed or delivered, if to the Borrower, at its address at CONSOL Plaza, 0000 0xx XxxxxxXxxxxxxxxx Xxxx, XxxxxxxXxxxxxxxxx, XX Xxxxxxxxxxxx 00000-0000, Attention: TreasurerTreasury (Fax. No. 000 000-0000; if to any Initial Lender, at its Domestic Lending Office specified opposite its name on Schedule I hereto; if to any other Lender, at its Domestic Lending Office specified in the Assumption Agreement or the Assignment and Acceptance pursuant to which it became a Lender; and if to the Agent, at its address at Xxx Xxxx Xxxxx Xxx, Xxx XxxxxXxxxxx, Xxxxxxx Xxxxxxxx, Xxxxxxxx 00000, Attention: Xxxx XxxxxxBank Loan Syndications Department; or, as to the Borrower or the Agent, at such other address as shall be designated by such party in a written notice to the other parties and, as to each other party, at such other address as shall be designated by such party in a written notice to the Borrower and the Agent. All such notices and communications shall, when mailed, telecopied, telegraphed or telexed, be effective when deposited in the mails, telecopied, delivered to the telegraph company or confirmed by telex answerback, respectively, except that notices and communications to the Agent pursuant to Article II, III or VII shall not be effective until received by the Agent. Delivery by telecopier of an executed counterpart of any amendment or waiver of any provision of this Agreement or the Notes or of any Exhibit hereto to be executed and delivered hereunder shall be effective as delivery of a manually executed counterpart thereof.
Appears in 2 contracts
Samples: 364 Day Credit Agreement (Consol Energy Inc), Credit Agreement (Consol Energy Inc)
Notices, Etc. All notices and other communications provided for hereunder under any Loan Document shall be in writing (including telecopiertelegraphic, telegraphic telex, facsimile or telex cable communication) and mailed, telecopied, telegraphed, telexed telexed, cabled, faxed or delivered, if to the Borrower, at its address at 0000 0xx Xxxxxx224 South 108th Avenue, Omaha, Nebraska 00000, Xxxxxxxxx: Xxxxx Xxxxxxxxx Xxxxxxx, XX 00000, Attention: Treasurer; if to any Initial Lender, at its Domestic Lending Office specified opposite its name on Schedule I hereto; if to any other Lender, at its Domestic Lending Office specified in the Assignment and Acceptance pursuant to which it became a Lender; and xnd if to the AgentBank, at its address at Xxx Xxxx Xxx 8800 West Center Road, Omaha, Nebraska 00000, Xxxxxxxxx: Xxxxx X. Xxxxx, Xxxxxxx XxxxxxxxXxxx Xxxxxdent, 00000, Attention: Xxxx Xxxxxx; or, as to the Borrower or the Agentxx xxxx xxxxx, at such other address as shall be designated by such party in a written notice to the other parties and, as to each other party, at such other address as shall be designated by such party in a written notice to the Borrower and the Agent. All such notices and communications shall, when mailed, telecopiedtelegraphed, telegraphed telexed, faxed or telexedcabled, be effective when deposited in the mails, telecopied, delivered to the telegraph company received or confirmed by telex answerback, respectively, except that notices and communications to the Agent Bank pursuant to the provisions of Article II, III or VII I shall not be effective until actually received by the AgentBank. Delivery Notwithstanding the other provisions of this Section 6.02, the Bank may accept oral borrowing notices pursuant to Section 1.02 hereof, provided that the Bank shall incur no liability to the Borrower in acting on any such communication that the Bank believes to have been given by telecopier a person authorized to give such notice on behalf of an executed counterpart the Borrower. Any confirmation sent by the Bank to the Borrower of any amendment or waiver of any provision of borrowing under this Agreement or shall, in the Notes or absence of any Exhibit hereto manifest error, be conclusive and binding for all purposes as to be executed and delivered hereunder shall be effective as delivery of a manually executed counterpart thereofthe Borrower.
Appears in 1 contract
Samples: Credit Agreement (Transaction Systems Architects Inc)
Notices, Etc. (a) All notices and other communications provided for hereunder shall be in writing (including telecopier, telecopier or telegraphic or telex communication) and mailed, telecopied, telegraphed, telexed telegraphed or delivered, (i) if to the Borrower, at its the address of PPG at 0000 0xx XxxxxxXxx XXX Xxxxx, XxxxxxxXxxxxxxxxx, XX Xxxxxxxxxxxx 00000, telecopy number 000-000-0000, Attention: Treasurer, with a copy to PPG at Xxx XXX Xxxxx, Xxxxxxxxxx, Xxxxxxxxxxxx 00000, telecopy number 000-000-0000, Attention: Senior Vice President and General Counsel; (ii) if to any Initial Lender, at its Domestic Lending Office specified opposite its name on Schedule I hereto; if to any other Lender, at its Domestic Lending Office specified address (or telecopy number) set forth in the Assignment its Administrative Questionnaire; (iii) [reserved]; (iv) [reserved] and Acceptance pursuant to which it became a Lender; and (v) if to the Administrative Agent, at its address at Xxx Xxxx Xxx Xxxxx000 Xxxxx Xxxxxx Xxxxxxxxxx, Xxxxxxx Xxxxxxxx, XX 00000, Attention: Xxxx Xxxxxx; or, as to the Borrower or the Administrative Agent, at such other address as shall be designated by such party in a written notice to the other parties and, as to each other party, at such other address as shall be designated by such party in a written notice to the Borrower and the Administrative Agent. All such notices and communications shall, when mailed, telecopied, telegraphed telecopied or telexedtelegraphed, be effective when deposited in the mails, telecopied, or delivered to the telegraph company or confirmed by telex answerbackcompany, respectively, except that notices and communications to the Administrative Agent pursuant to Article II, III or VII VIII shall not be effective until received by the Administrative Agent. Delivery by telecopier of an executed counterpart of any amendment or waiver of any provision of this Agreement or the Notes or of any Exhibit hereto to be executed and delivered hereunder shall be effective as delivery of a manually executed counterpart thereof.
Appears in 1 contract
Samples: 364 Day Term Loan Credit Agreement (PPG Industries Inc)
Notices, Etc. All notices and other communications provided for hereunder shall shall, unless otherwise stated herein, be in writing (including by telex, telegram or telecopier, telegraphic or telex communication) and mailed, telecopied, telegraphed, telexed mailed or sent or delivered, if to the Borrower, at its the address at 0000 0xx Xxxxxx, Xxxxxxx, XX 00000, Attention: Treasurerset forth for the Borrower on the signature pages hereof; if from the Borrower to the Administrative Agent or any Bank, to the Administrative Agent at the address set forth for the Administrative Agent on the signature pages hereof; if from the Administrative Agent to any Initial LenderBank, at its the address of such Bank’s Domestic Lending Office specified opposite its name on Schedule I hereto; if to any other Lenderor, at its Domestic Lending Office specified in the Assignment and Acceptance pursuant case of a notice or communication relating to which it became a Lender; and if to information delivered under Section 8.01(g), by posting on an Internet website established by the AgentAdministrative Agent with Intralinks, at its address at Xxx Xxxx Xxx Xxxxx, Xxxxxxx Xxxxxxxx, 00000, Attention: Xxxx XxxxxxInc. or other similarly available electronic media; or, as to the Borrower or the Agentin any case, at such other address as shall be designated by such party in a written notice to the other parties andhereto (except in the case of the Borrower, as to each other party, at such other which a change of address as shall may be designated made by such party in a written notice to the Borrower Administrative Agent on behalf of the Banks and except in the case of any Bank, as to which a change of address may be made by notice to the Administrative Agent). All Subject to the next sentence, all such notices and communications shallshall be effective, when mailedin the case of written notice, telecopied, telegraphed or telexed, be effective when deposited in the mails, telecopiedair mail, delivered to postage prepaid, and, in the telegraph company case of notice by telex, telecopy, telegram or confirmed by telex answerbackcable, respectively, except that when sent addressed as set forth above. All notices and communications to the Agent pursuant to Article Articles II, III or VII III, IX and X shall not be effective until they are received by the Agentaddressee. Delivery by telecopier The Administrative Agent agrees to deliver promptly to each Bank copies of an executed counterpart each report, document, certificate, notice and request, or summaries thereof, which the Borrower is required to, and does in fact, deliver to the Administrative Agent in accordance with the terms of this Agreement, including, without limitation, copies of any amendment or waiver of any provision of this Agreement or the Notes or of any Exhibit hereto reports to be executed and delivered hereunder shall be effective as delivery of a manually executed counterpart thereofby the Borrower pursuant to Section 8.01(g).
Appears in 1 contract
Notices, Etc. (a) All notices and other communications provided for hereunder shall be either (x) in writing (including telecopier, telegraphic or telex telecopy communication) and mailed, telecopied, telegraphed, telexed telecopied or delivered, or (y) as and to the extent set forth in Section 9.02(b) and in the proviso to this Section 9.02(a), in an electronic medium and as delivered as set forth in Section 9.02(b) if to any Loan Party, at the Borrower, at its 's address at 0000 0xx Xxxxxx725 Fifth Avenue, XxxxxxxNew York, XX 00000New York 10022, Attention: TreasurerMr. Xxxx Xxxxx, Xxxxxxxxx Xxxx Xxxxxxxxx xxx Corporate Treasurxx; if to xx xx any Initial LenderLender Party, at its Domestic Lending Office specified opposite its name on Schedule I hereto; if to any other LenderLender Party, at its Domestic Lending Office specified in the Assignment and Acceptance pursuant to which it became a LenderLender Party; and if to the Collateral Agent or the Administrative Agent, at its address at Xxx Xxxx Xxx Xxxxx6000 Legacy Drive, Xxxxxxx XxxxxxxxPlano, 00000Texas 75024, Attention: Xxxx Xxxxxx; James Erwin, or, as to the Borrower or the Agentxx xx xxx xxxxx, at such other xx xxxx xxxer address as shall be designated xxxxx xx xesignated by such party in a written notice to the other parties andparties; provided, as to each other partyhowever, at such other address as that materials and information described in Section 9.02(b) shall be designated by such party delivered to the Administrative Agent in a written notice accordance with the provisions thereof or as otherwise specified to the Borrower and by the Administrative Agent. All such notices and other communications shall, when mailed, telecopied, telegraphed or telexedtelecopied, be effective when deposited in the mails, telecopied, delivered to the telegraph company or confirmed transmitted by telex answerbacktelecopier, respectively, except that notices and communications to the any Agent pursuant to Article II, III or VII shall not be effective until received by the such Agent. Delivery by telecopier of an executed counterpart of a signature page to any amendment or waiver of any provision of this Agreement or the Notes or of any Exhibit hereto to be executed and delivered hereunder shall be effective as delivery of a manually an original executed counterpart thereof. As agreed to among the Borrower, including as set forth in subsection (b) below, the Administrative Agent and the applicable Lender Parties from time to time, notices and other communications may also be delivered by e-mail to the e-mail address of a representative of the applicable Person provided from time to time by such Person.
(b) The Borrower hereby agrees that it will provide to the Administrative Agent all information, documents and other materials that it is obligated to furnish to the Administrative Agent pursuant to the Loan Documents, including, without limitation, all notices, requests, financial statements, financial and other reports, certificates and other information materials, but excluding (i) any Notice of Borrowing or Notice of Conversion pursuant to Section 2.09, (ii) any notice of any prepayment of the Advances pursuant to Section 2.06, (iii) any notice of a Default or Event of Default under this Agreement or (iv) any certificate, agreement or other document required to be delivered to satisfy any condition set forth in Article III of this Agreement (all such non-excluded communications being referred to herein collectively as "Communications"), by delivering the Communications by e-mail to an e-mail address specified by the Administrative Agent to the Borrower. In addition, the Borrower agrees to continue to provide the Communications to the Administrative Agent in the manner specified in the Loan Documents but only to the extent requested by the Administrative Agent. The Borrower further agrees that the Administrative Agent may make the Communications available to the Lenders by posting the Communications on Intralinks or a substantially similar electronic transmission system reasonably acceptable to the Borrower (the "PLATFORM").
(c) The Platform is provided on an "as is" and "as available" basis and the Agent Parties (as defined below) make no representation or warranty of any kind as the accuracy or completeness of the Communications or as to the adequacy of the Platform, and expressly disclaim any liability for any errors or omissions in the Communications. In no event shall the Administrative Agent or any of its Affiliates or any of their respective officers, directors, employees, agents, Advisors or representatives (collectively, the "AGENT PARTIES") have any liability to the Borrower, any Lender Party or any other Person or entity for damages of any kind, including, without limitation, any direct or indirect, special, incidental or consequential damages, losses or expenses (whether in tort, contract or otherwise) arising out of either Borrower's or the Administrative Agent's delivery of any Communications through the internet, except to the extent the liability of any Agent Party is found in a final non-appealable judgment by a court of competent jurisdiction to have resulted primarily from such Agent Party's gross negligence or willful misconduct.
(d) The Administrative Agent agrees that the receipt of the Communications by the Administrative Agent at its e-mail address set forth above shall constitute effective delivery of the Communications to the Administrative Agent for purposes of the Loan Documents. Each Lender Party agrees that notice to it (as provided in the next sentence) specifying that the Communications have been posted to the Platform shall constitute effective delivery of the Communications to such Lender Party for purposes of the Loan Documents. Each Lender Party agrees to (i) notify the Administrative Agent in writing (including by e-mail) from time to time of such Lender Party's e-mail address to which the foregoing notice may be sent by electronic transmission and (ii) that the foregoing notice may be sent to such e-mail address. Nothing herein shall prejudice the right of the Administrative Agent or any Lender Party to give any notice or other communication pursuant to any Loan Document in any other manner specified in such Loan Document.
Appears in 1 contract
Samples: Credit Agreement (Trump Entertainment Resorts Holdings Lp)
Notices, Etc. All notices and other communications provided for hereunder shall be in writing (including telecopier, telegraphic or telex telecopy communication) and mailed, telecopied, telegraphed, telexed telecopied or delivered, if to the BorrowerBorrowers or the Parent, c/o General Maritime Corporation at its address at 0000 0xx 000 Xxxxx Xxxxxx, XxxxxxxXxx Xxxx, XX Xxx Xxxx 00000, Attention: TreasurerXxxxx X. Xxxxxxxxxxxxx (facsimile No.: (000) 000-0000); if to any Initial Lender, at its Domestic Eurodollar Lending Office specified opposite its name on Schedule I hereto; if to any other Lender, at its Domestic Eurodollar Lending Office specified in the Assignment and Acceptance pursuant to which it became a Lender; and if to the CBNY, individually or as an Agent, at its address at 00 Xxxx 00xx Xxxxxx, 0xx Xxxxx, Xxx Xxxx, Xxx Xxxx Xxx Xxxxx, Xxxxxxx Xxxxxxxx, 00000, Attention: Xxxx XxxxxxShipping Department; or, as to the Borrower or the Agentany party, at such other address as shall be designated by such party in a written notice to the other parties and, as to each other party, at such other address as shall be designated by such party in a written notice to the Borrower and the Agentparties. All such notices and communications shall, when mailed, telecopied, telegraphed or telexedtelecopied, be effective when deposited in the mails, telecopied, delivered to the telegraph company or confirmed transmitted by telex answerbacktelecopier, respectively, except that notices and communications to the any Agent pursuant to Article II, III or VII VIII shall not be effective until received by the such Agent. Delivery Manual delivery by telecopier of an executed counterpart of any amendment or waiver of any provision of this Agreement or the Notes or of any Exhibit hereto to be executed and delivered hereunder shall be effective as delivery of a manually an original executed counterpart thereof.
Appears in 1 contract
Notices, Etc. All notices and other communications provided for hereunder shall be in writing (including telecopiertelegraphic, telegraphic telecopy or telex communication) and mailed, telegraphed, telecopied, telegraphed, telexed or delivered, :
(a) if to the Borrower, at its address at 0000 0xx 711 Xxxxxxxxx Xxxxxx, Xxxxx 0000, Xxxxxxx, XX Xxxxx 00000, AttentionXxlecopier No.: Treasurer; (713)000-0000, Xxlephone No.: (713)000-0000, Xxtention: Chrixxxxx Xxx;
(b) if to any Initial Lender, Lender or at its Domestic Lending Office specified opposite its name on Schedule I hereto; ;
(c) if to any other Lender, at its Domestic Lending Office specified in the Assignment and Acceptance pursuant to which it became a Lender; and and
(d) if to the Agent, at its address at Xxx Xxxx Xxx XxxxxBank of America Corporate Center, Xxxxxxx Xxxxxxxx100 Xxxxx Xxxxx Xxxxxx, 00000NC1-007-10-07, AttentionCharlotte, North Carolina 28255, Telecopier No.: Xxxx Xxxxxx(704) 000-0000, Xxlephone No.: (704) 000-0000, Xxtention: Laurx Xxxx; orxr, as to the Borrower or and each of the AgentAgents, at such other address as shall be designated by such party in a written notice to the other parties and, as to each other party, at such other address as shall be designated by such party in a written notice to the Borrower and each of the AgentAgents. All such notices and communications shall, when mailed, telecopiedtelegraphed, telegraphed telecopied or telexed, be effective when deposited in the mails, telecopied, delivered to the telegraph company company, transmitted by telecopier or confirmed by telex answerback, respectively, except that notices and communications to the any Agent pursuant to Article II, III or VII shall not be effective until received by the such Agent. Delivery by telecopier of an executed counterpart of any amendment or waiver of any provision of this Agreement or the Notes or of any Exhibit hereto to be executed and delivered hereunder shall be effective as delivery of a manually executed counterpart thereof.
Appears in 1 contract
Samples: Senior Subordinated Credit Agreement (East Coast Power LLC)
Notices, Etc. All notices and other communications provided for hereunder shall be in writing (including telecopiertelegraphic, telegraphic telecopy, telex or telex cable communication) and mailed, telegraphed, telecopied, telegraphedtelexed, telexed cabled or delivered, if to the Borrower, at its address at 0000 0xx 00 Xxxx Xxxxxx, XxxxxxxXxx Xxxx, XX Xxx Xxxx 00000, Attention: TreasurerChief Financial Officer; if to any Initial LenderLender or Agent, at its Domestic Lending Office specified opposite its name on Schedule I hereto; if to any other Lender, at its Domestic Lending Office specified in the Assignment and Acceptance pursuant to which it became a Lender; and if to the Agent, at its address at Xxx Xxxx Xxx Xxxxx, Xxxxxxx Xxxxxxxx, 00000, Attention: Xxxx Xxxxxx; or, as to the Borrower or the Agenteach party, at such other address as shall be designated by such party in a written notice to the other parties and, as to each other party, at such other address as shall be designated by such party in a written notice to the Borrower and the Agentparties. All such notices and communications shall, when mailed, telegraphed, telecopied, telegraphed telexed or telexedcabled, be effective when deposited in the mails, telecopied, delivered to the telegraph company or company, transmitted by telecopier, confirmed by telex answerbackanswerback or delivered to the cable company, respectively, except that notices and communications to the an Agent pursuant to Article II, III or VII shall not be effective until received by the such Agent. Delivery by telecopier of an executed counterpart of any amendment or waiver of any provision of this Agreement or the Notes or of any Exhibit hereto to be executed and delivered hereunder shall be effective as delivery of a manually executed counterpart thereof.
Appears in 1 contract
Notices, Etc. All notices and other communications provided for hereunder shall be in writing (including telecopier, telegraphic or telex communication) and mailed, telecopied, telegraphed, telexed or delivered, if to the Borrower, at its address at 0000 0xx XxxxxxXxx Xxxxxxxxxxxx Xxxxx, XxxxxxxXxx Xxxx, XX Xxx Xxxx 00000, Attention: TreasurerXxxxxx X. Xxxxx, Senior Vice President and Chief Financial Officer, Fax No. (000) 000-0000; if to any Initial LenderBank, at its Domestic Lending Office specified opposite its name on Schedule I hereto; if to any other LenderBank, at its Domestic Lending Office specified in the Assignment and Acceptance pursuant to which it became a LenderBank; and if to the Agent, at its address at Deutsche Bank AG, New York Branch, 00 Xxxx 00xx Xxxxxx, Xxx Xxxx, Xxx Xxxx Xxx Xxxxx00000, Xxxxxxx Xxxxxxxx, 00000Fax No. (000) 000-0000, Attention: Xxxx XxxxxxXxxxx, Corporate Finance Services; or, as to the Borrower or the Agent, at such other address as shall be designated by such party in a written notice to the other parties and, as to each other party, at such other address as shall be designated by such party in a written notice to the Borrower and the Agent. All such notices and communications shall, when mailed, telecopied, telegraphed or telexed, be effective when deposited in the mails, telecopied, delivered to the telegraph company or confirmed by telex answerback, respectively, except that notices and communications to the Agent pursuant to Article II, III or VII shall not be effective until received by the Agent. Delivery by telecopier of an executed counterpart of any amendment or waiver of any provision of this Agreement or the Notes or of any Exhibit hereto to be executed and delivered hereunder shall be effective as delivery of a manually executed counterpart thereof.
Appears in 1 contract
Samples: Term Loan and Letter of Credit Agreement (Ogden Corp)
Notices, Etc. All notices and other communications provided ------------ for hereunder shall be in writing (including telecopiertelegraphic, telegraphic telecopy or telex communication) and mailed, telegraphed, telecopied, telegraphed, telexed or delivered, if delivered to the Borrower, at its address at 0000 0xx 000 Xxxx 00xx Xxxxxx, XxxxxxxXxx Xxxx, XX 00000, Attention: TreasurerChief Executive Officer, telecopier no. (000) 000-0000; if to any Initial LenderRestatement Lender or the Issuing Bank, at its Domestic Lending Office specified opposite its name on Schedule I hereto; if to any other LenderLender Party, at its Domestic Lending Office specified in the Assignment and Acceptance pursuant to which it became a LenderLender Party; and if to the Agent, at its address at 000 Xxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx Xxx Xxxxx, Xxxxxxx Xxxxxxxx, 00000, Attention: Xxxx XxxxxxStructured Finance Group, telecopier number (212) 418-8269; or, as to the Borrower or the Agenteach party, at such other address as shall be designated by such party in a written notice to the other parties and, as to each other party, at such other address as shall be designated by such party in a written notice to the Borrower and the Agentparties. All such notices and communications shall, when mailed, telecopiedtelegraphed, telegraphed telecopied or telexed, be effective when deposited in the mails, telecopied, delivered to the telegraph company company, transmitted by telecopier or confirmed by telex answerback, respectively, except that notices and communications to the Agent pursuant to Article II, III or VII shall not be effective until received by the Agent. Delivery by telecopier of an executed counterpart of any amendment or waiver of any provision of this Agreement or the Notes or of any Exhibit hereto to be executed and delivered hereunder shall be effective as delivery of a manually executed counterpart thereof.
Appears in 1 contract
Notices, Etc. All notices and other communications provided for hereunder shall be either (a) in writing (including telecopiertelegraphic, telegraphic telecopier or telex communication) and mailed, telegraphed, telecopied, telegraphed, telexed or deliveredotherwise delivered or (b) by electronic mail (if electronic mail addresses are designated as provided below) confirmed immediately in writing, if in the case of the Company or the Collateral Agent (as provided for the Trustee thereunder), addressed to the Borrower, it at its address at 0000 0xx Xxxxxx, Xxxxxxx, XX 00000, Attention: Treasurer; if to any Initial Lender, at its Domestic Lending Office specified opposite its name on Schedule I hereto; if to any other Lender, at its Domestic Lending Office specified in the Assignment and Acceptance Indenture and, in the case of each Grantor other than the Company, addressed to it at its address set forth opposite such Grantor’s name on the signature pages hereto or on the signature page to the Security Agreement Supplement pursuant to which it became a Lender; and if to the Agent, at its address at Xxx Xxxx Xxx Xxxxx, Xxxxxxx Xxxxxxxx, 00000, Attention: Xxxx Xxxxxxparty hereto; or, as to the Borrower or the Agentany party, at such other address as shall be designated by such party in a written notice to the other parties and, as to each other party, at such other address as shall be designated by such party in a written notice to the Borrower and the Agentparties. All such notices and other communications shallshall be deemed to be given or made upon the earlier to occur of (a) actual receipt by the relevant party hereto and (b) (i) if delivered by hand or by courier, when mailedsigned for by or on behalf of the relevant party hereto; (ii) if delivered by mail, telecopied, telegraphed or telexed, be effective when deposited four (4) Business Days after deposit in the mails, telecopiedpostage prepaid; (iii) if delivered by facsimile, when sent and receipt has been confirmed; and (iv) if delivered to the telegraph company or confirmed by telex answerbackelectronic mail, respectively, except that notices and communications to the Agent pursuant to Article II, III or VII shall not be effective until received by the Agentwhen delivered. Delivery by telecopier or “pdf” of an executed counterpart of any amendment or waiver of any provision of this Agreement or the Notes or of any Exhibit Security Agreement Supplement or Schedule hereto to be executed and delivered hereunder shall be effective as delivery of a manually an original executed counterpart thereof.
Appears in 1 contract
Samples: Second Lien Security Agreement (Universal Hospital Services Inc)
Notices, Etc. All notices and other communications provided for hereunder shall be in writing (including telecopier, telegraphic telegraphic, telex or telex cable communication) and mailed, telecopied, telegraphed, telexed telexed, cabled or delivered, if to the Borrower, at its address at 0000 0xx 000 Xxxx Xxxxxx, XxxxxxxXxx Xxxx, XX Xxx Xxxx 00000, Attention: Treasurer; if to any Initial LenderBorrowing Subsidiary, c/o the Borrower at its above address; if to any Bank, at its Domestic Lending Office specified opposite its name on Schedule I hereto; and if to any other Lender, at its Domestic Lending Office specified in the Assumption Agreement or Assignment and Acceptance pursuant to which it became a Lender; and if to the Administrative Agent, at its address at Xxx Xxxxx Xxx, Xxx Xxxxxx, Xxxxxxxx 00000, Attention: Bank Loan Syndications, with a copy to 000 Xxxxxxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx Xxx Xxxxx, Xxxxxxx Xxxxxxxx, 00000, Attention: Xxxx Xxxxxx; or, as to the Borrower or the Administrative Agent, at such other address as shall be designated by such party in a written notice to the other parties and, as to each other party, at such other address as shall be designated by such party in a written notice to the Borrower and the Administrative Agent. All such notices and communications shall, when mailed, telecopied, telegraphed telegraphed, telexed or telexedcabled, be effective when deposited in the mails, telecopied, delivered to the telegraph company or company, confirmed by telex answerbackanswerback or delivered to the cable company, respectively, except that notices and communications to the Administrative Agent pursuant to Article II, III or VII II shall not be effective until received by the Administrative Agent. Delivery by telecopier of an executed counterpart of any amendment or waiver of any provision of this Agreement or the Notes or of any Exhibit hereto to be executed and delivered hereunder shall be effective as delivery of a manually executed counterpart thereof.
Appears in 1 contract
Notices, Etc. (a)(a) All notices and other communications provided for hereunder shall be in writing (including telecopier, telegraphic or telex telecopier communication) and mailed, telecopied, telegraphed, telexed telecopied or delivered, (i) if to the BorrowerHoldings, any Borrower or any Subsidiary Guarantor, at its address at 0000 0xx Xxxxxxx Xxxx, Hoffman Estates, Illinois 60179, Attention: General Counsel, with a copy to Wachtell, Lipton, Xxxxx & Xxxx, 00 Xxxx 00xx Xxxxxx, XxxxxxxXxx Xxxx, XX Xxx Xxxx 00000, Attention: TreasurerXxxxx Xxxxxxx; (ii) if to any Initial Lender, at its Domestic Lending Office specified opposite address set forth in its name on Schedule I hereto; if completed administrative questionnaire delivered to any other Lender, at its Domestic Lending Office specified in the Assignment and Acceptance pursuant to which it became a LenderAgent; and (iii) if to the Agent, at its address at Xxx ESL Investments, Inc., 0000 Xxxx Xxx XxxxxXxxxxxxxx, Xxxxxxx XxxxxxxxSuite 200 Bay Harbor Islands, 00000FL 33154, Attention: Xxxx XxxxxxXxxxxx X. Xxxxxxx, CEO; orprovided that notices required to be delivered pursuant to Section 6.01(j)(i), as (ii), (iii), and (v) shall be delivered to the Borrower or the Agent, at such other address as shall be designated by such party in a written notice to the other parties and, as to each other party, at such other address as shall be designated by such party in a written notice to the Borrower Agent and the AgentLenders as specified in Section 9.02(b). All such notices and communications shall, when mailed, telecopied, telegraphed or telexedemailed, be effective when deposited in the mails, telecopied, delivered to the telegraph company or confirmed by telex answerbackemail, respectively, except that notices and communications to the Agent pursuant to Article II, III II or VII VIII shall not be effective until received by the Agent. Delivery by telecopier of an executed counterpart of any amendment or waiver of any provision of this Agreement or the Notes any Loan Document or of any Exhibit exhibit hereto or thereto to be executed and delivered hereunder shall be effective as delivery of a manually executed counterpart thereof.
Appears in 1 contract
Notices, Etc. All notices and other communications provided for hereunder shall be in writing (including telecopier, telegraphic or telex communication) and mailed, telecopied, telegraphed, telexed or delivered, if to the Borrower, at its address at 0000 0xx XxxxxxXxxxx Xxxxxxxx Xxxx, XxxxxxxXxxxxxxxx, XX Xxxxxxxxx 00000, Attention: TreasurerVice President - Finance; if to any Initial LenderLender Party, at its Domestic Lending Office specified opposite its name on Schedule I hereto; if to any other LenderLender Party, at its Domestic Lending Office specified in the Assumption Agreement or the Assignment and Acceptance pursuant to which it became a LenderLender Party; and if to the Agent, at its address at Xxx Xxxx Xxxxx Xxx, Xxx XxxxxXxxxxx, Xxxxxxx Xxxxxxxx, Xxxxxxxx 00000, Attention: Xxxx XxxxxxBank Loan Syndications Department; or, as to the Borrower or the Agent, at such other address as shall be designated by such party in a written notice to the other parties and, as to each other party, at such other address as shall be designated by such party in a written notice to the Borrower and the Agent. All such notices and communications shall, when mailed, telecopied, telegraphed or telexed, be effective when deposited in the mails, telecopied, delivered to the telegraph company or confirmed by telex answerback, respectively, except that notices and communications to the Agent pursuant to Article II, III or VII shall not be effective until received by the Agent. Delivery by telecopier of an executed counterpart of any amendment or waiver of any provision of this Agreement or the Notes or of any Exhibit hereto to be executed and delivered hereunder shall be effective as delivery of a manually executed counterpart thereof.
Appears in 1 contract
Samples: Credit Agreement (Manpower Inc /Wi/)
Notices, Etc. All notices and other communications provided for hereunder shall be in writing (including telecopier, telecopier or telegraphic or telex communication) and mailed, telecopied, telegraphed, telexed telegraphed or delivered, if to the Borrower, at its address at Department A4010, 0000 0xx XxxxxxXxxx Xxx Xxxxxxx, XxxxxxxXxxxx, XX 00000, Attention: TreasurerSenior Vice President and Treasurer (Telecopier No. 612-726-2221); if to any the Initial Lender, at its Domestic Lending Office specified opposite its name on Schedule I hereto; if to any other Lender, at its Domestic Lending Office specified in the Assignment and Acceptance pursuant to which it became a Lender; and if to the Administrative Agent, at its address at *** Xxxxxx, Xxx Xxxx Xxx XxxxxXxxx, Xxxxxxx Xxxxxxxx, XX 00000, Attention General Counsel (Telecopier No. 212-***), with a copy to *** at its address at *** Attention: Xxxx XxxxxxContract Administration (Telecopier No.***); or, as to the Borrower or the Agent, at such other address as shall be designated by such party in a written notice to the other parties and, as to each other party, at such other address as shall be designated by such party in a written notice to the Borrower and the Agent. All such notices and communications shall, when mailed, telecopied, telegraphed telecopied or telexedtelegraphed, be effective when deposited in the mails, telecopied, telecopied or delivered to the telegraph company or confirmed by telex answerbackcompany, respectively, except that notices and communications to the Agent or any Lender pursuant to Article II, III or VII shall not be effective until received by the Agentreceived. Delivery by telecopier of an executed counterpart of any amendment or waiver of any provision of this Agreement or the Notes or of any Exhibit hereto to be executed and delivered hereunder shall be effective as delivery of a manually executed counterpart thereof.
Appears in 1 contract
Notices, Etc. All notices and other communications provided for hereunder shall be either (a) in writing (including telecopiertelegraphic, telegraphic telecopier or telex communication) and mailed, telegraphed, telecopied, telegraphed, telexed or deliveredotherwise delivered (i.e. “pdf” or “tif”) or (b) by electronic mail (if electronic mail addresses are designated as provided below) confirmed immediately in writing, if in the case of the Borrower or the Collateral Agent, addressed to it at its address specified in the Credit Agreement and, in the case of each Grantor other than the Borrower, addressed to it at its address at 0000 0xx Xxxxxx, Xxxxxxx, XX 00000, Attention: Treasurer; if to any Initial Lender, at its Domestic Lending Office specified set forth opposite its such Grantor’s name on Schedule I hereto; if the signature pages hereto or on the signature page to any other Lender, at its Domestic Lending Office specified in the Assignment and Acceptance Security Agreement Supplement pursuant to which it became a Lender; and if to the Agent, at its address at Xxx Xxxx Xxx Xxxxx, Xxxxxxx Xxxxxxxx, 00000, Attention: Xxxx Xxxxxxparty hereto; or, as to the Borrower or the Agentany party, at such other address as shall be designated by such party in a written notice to the other parties and, as to each other party, at such other address as shall be designated by such party in a written notice to the Borrower and the Agentparties. All such notices and other communications shall, when mailed, telegraphed, telecopied, telegraphed telexed, sent by electronic mail or telexedotherwise (i.e. “pdf” or “tif”), be effective when deposited in the mails, telecopied, delivered to the telegraph company or company, telecopied, confirmed by telex answerback, sent by electronic mail and confirmed in writing, or otherwise delivered (or confirmed by a signed receipt), respectively, addressed as aforesaid; except that notices and other communications to the Collateral Agent pursuant to Article II, III or VII shall not be effective until received by the Collateral Agent. Delivery by telecopier telecopier, facsimile or other electronic transmission (i.e. “pdf” or “tif”) of an executed counterpart of any amendment or waiver of any provision of this Agreement or the Notes or of any Exhibit Security Agreement Supplement or Schedule hereto to be executed and delivered hereunder shall be effective as delivery of a manually an original executed counterpart thereof.
Appears in 1 contract
Notices, Etc. All notices and other communications provided for hereunder shall be in writing (including telecopiertelegraphic, telegraphic telecopier or telex communication) and mailed, telegraphed, telecopied, telegraphed, telexed or delivereddelivered to, if in the case of the Domestic Borrower or the Administrative Agent, addressed to the Borrower, it at its address at 0000 0xx Xxxxxx, Xxxxxxx, XX 00000, Attention: Treasurer; if to any Initial Lender, at its Domestic Lending Office specified opposite its name on Schedule I hereto; if to any other Lender, at its Domestic Lending Office specified in the Assignment and Acceptance Credit Agreement and, in the case of each Grantor other than the Domestic Borrower, addressed to it at its address set forth opposite such Grantor's name on the signature pages hereto or on the signature page to the Security Agreement Supplement pursuant to which it became a Lender; and if to the Agent, at its address at Xxx Xxxx Xxx Xxxxx, Xxxxxxx Xxxxxxxx, 00000, Attention: Xxxx Xxxxxxparty hereto; or, as to the Borrower or the Agentany party, at such other address as shall be designated by such party in a written notice to the other parties and, as to each other party, at such other address as shall be designated by such party in a written notice to the Borrower and the Agentparties. All such notices and other communications shall, when mailed, telecopiedtelegraphed, telegraphed telecopied or telexed, be effective when deposited in the mails, telecopied, delivered to the telegraph company company, telecopied or confirmed by telex answerback, respectively, addressed as aforesaid; except that notices and other communications to the Administrative Agent pursuant to Article II, III or VII shall not be effective until received by the Administrative Agent. Delivery by telecopier of an executed counterpart of any amendment or waiver of any provision of this Agreement or the Notes or of any Exhibit Security Agreement Supplement or Schedule hereto to be executed and delivered hereunder shall be effective as delivery of a manually an original executed counterpart thereof.
Appears in 1 contract
Notices, Etc. All notices and other communications provided for hereunder shall be in writing (including telecopier, telegraphic or telex communication) and mailed, telecopied, telegraphed, telexed or delivered, if to the Borrower, at its address at 0000 0xx Xxxxxxx/x Xxxxxxxxxxx Xxxxx, 0-00 Xxxx Xxxxxxxx, Xxxxxxxx, XX00, Xxxxxxx, XX 00000, AttentionXxxxxxxxx: TreasurerCorporate Secretary; if to any Initial Lender, at its Domestic Lending Office specified opposite its name on Schedule I hereto; if to any other Lender, at its Domestic Lending Office specified in the Assignment and Acceptance pursuant to which it became a Lender; and if to the Agent, at its address at Xxx Xxxx Xxxxx Xxx, Xxx XxxxxXxxxxx, Xxxxxxx Xxxxxxxx, Xxxxxxxx 00000, Attention: Xxxx XxxxxxBank Loan Syndications Department; or, as to the Borrower or the Agent, at such other address as shall be designated by such party in a written notice to the other parties and, as to each other party, at such other address as shall be designated by such party in a written notice to the Borrower and the Agent. All such notices and communications shall, when mailed, telecopied, telegraphed or telexed, be effective when deposited in the mails, telecopied, delivered to the telegraph company or confirmed by telex answerback, respectively, except that notices and communications to the Agent pursuant to Article II, III or VII shall not be effective until received by the Agent. Delivery by telecopier of an executed counterpart of any amendment or waiver of any provision of this Agreement or the Notes or of any Exhibit hereto to be executed and delivered hereunder shall be effective as delivery of a manually executed counterpart thereof.
Appears in 1 contract
Notices, Etc. All notices and other communications provided for hereunder shall be in writing (including telecopier, telegraphic or telex communication) and mailed, telecopied, telegraphed, telexed or delivered, if to the Borrower, at its address at 0000 0xx Xxxxxx00 Xxxxxxxx Xxxxx, XxxxxxxXxxxxxxxxxx, XX Xxxxxxxxxxxxx 00000, Attention: TreasurerVice President and Director of Corporate Finance; if to any Initial Lender, at its Domestic Lending Office specified opposite its name on Schedule I hereto; if to any other Lender, at its Domestic Lending Office specified in the Assignment and Acceptance pursuant to which it became a Lender; and if to the Administrative Agent, at its address at Xxx Xxxx Xxx Xxxxx, Xxxxxxx Xxxxxxxx, 00000_________________________, Attention: Xxxx Xxxxxx_______________ Department; or, as to the Borrower or the Administrative Agent, at such other address as shall be designated by such party in a written notice to the other parties and, as to each other party, at such other address as shall be designated by such party in a written notice to the Borrower and the Administrative Agent. All such notices and communications shall, when mailed, telecopied, telegraphed or telexed, be effective when deposited in the mails, telecopied, delivered to the telegraph company or confirmed by telex answerback, respectively, except that notices and communications to the Administrative Agent pursuant to Article II, III or VII shall not be effective until received by the Administrative Agent. Delivery by telecopier of an executed counterpart of any amendment or waiver of any provision of this Agreement or the Notes or of any Exhibit hereto to be executed and delivered hereunder shall be effective as delivery of a manually executed counterpart thereof.
Appears in 1 contract
Notices, Etc. All notices and other communications provided for hereunder shall be in writing (including telecopier, telegraphic telegraphic, telex or telex cable communication) and mailed, telecopied, telegraphed, telexed telexed, cabled or delivered, if to the Borrower, at its address at 0000 0xx XxxxxxFive Garret Xxxxxxxx Xxxxx, XxxxxxxXxxx Xxxxxxxx, XX Xxx Xxxxxx 00000, Attention: Treasurer; if to any Initial LenderBank, at its Domestic Lending Office specified opposite its name on Schedule I hereto; if to any other Lender, at its Domestic Lending Office specified in the Assignment and Acceptance pursuant to which it became a Lender; and if to the Agent, at its address at 000 Xxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx Xxx Xxxxx, Xxxxxxx Xxxxxxxx, 00000, Attention: Xxxx XxxxxxChemicals Department, North American Global Finance Group; or, as to the Borrower or the Agent, at such other address as shall be designated by such party in a written notice to the other parties and, as to each other party, at such other address as shall be designated by such party in a written notice to the Borrower and the Agent. All such notices and communications shall, when mailed, telecopied, telegraphed telegraphed, telexed or telexedcabled, be effective when deposited in the mails, telecopied, delivered to the telegraph company or company, confirmed by telex answerbackanswerback or delivered to the cable company, respectively, except that notices and communications to the Agent pursuant to Article II, III or VII shall not be effective until received by the Agent. Delivery by telecopier of an executed counterpart of any amendment or waiver of any provision of this Agreement or the Notes or of any Exhibit hereto to be executed and delivered hereunder shall be effective as delivery of a manually executed counterpart thereof.
Appears in 1 contract
Notices, Etc. All notices and other communications provided for hereunder shall be in writing (including telecopier, telegraphic telegraphic, telex or telex cable communication) and mailed, telecopied, telegraphed, telexed telexed, cabled or delivered, if to the Borrower, at its address at 0000 0xx 000 Xxxxxx Xxxxxx, Xxx Xxxxxxx, XX 00000, Attention: Treasurer; if to any Initial LenderBank, at its Domestic Eurodollar Lending Office specified opposite its name on Schedule I hereto; if to any other Lender, at its Domestic Eurodollar Lending Office specified in the Assignment and Acceptance pursuant to which it became a Lender; and if to the Administrative Agent, at its address at 000 X. 00 Xxxxxx, Xxx Xxxx Xxx XxxxxXxxx, Xxxxxxx Xxxxxxxx, XX 00000, Attention: Loan Operations, Xxxx Xxxxxx; Xxxxx/Xxxxxxx Xxxxxxxx (Telephone: (000) 000-0000/5811, Facsimile: (000) 000-0000) or, as to the Borrower or the Agenteach party, at such other address as shall be designated by such party in a written notice to the other parties and, as to each other party, at such other address as shall be designated by such party in a written notice to the Borrower and the Agentparties. All such notices and communications shall, when mailed, telecopied, telegraphed telegraphed, telexed or telexedcabled, be effective when deposited in the mails, telecopied, delivered to the telegraph company or company, confirmed by telex answerbackanswerback or delivered to the cable company, respectively, except that notices and communications to the Administrative Agent pursuant to Article II, III II or VII shall not be effective until received by the Administrative Agent. Delivery Except as otherwise provided in Section 5.01(c), notices and other communications given by telecopier of an executed counterpart of any amendment or waiver of any provision of this Agreement or the Notes or of any Exhibit hereto Borrower to be executed and delivered hereunder the Administrative Agent shall be effective as delivery of a manually executed counterpart thereofdeemed given to the Lenders.
Appears in 1 contract
Notices, Etc. All notices and other communications provided for hereunder shall be in writing (including telecopier, telegraphic or telex communication) and mailed, telecopied, telegraphed, telexed or delivered, if to the Borrower, at its address at 0000 0xx Xxxxxx, Xxxxxxx, XX 00000, Attention: Treasurer; if to any Initial Lender, at its Domestic Lending Office specified opposite its name on Schedule I hereto; if to any other Lender, at its Domestic Lending Office specified in the Assignment and Acceptance pursuant to which it became a Lender; and if to the Agent, at its address at Xxx Xxxx Xxxxx Xxx, Xxxxx 000, Xxx XxxxxXxxxxx, Xxxxxxx Xxxxxxxx 00000 Attention: Xxxxxxxxx Xxxxxxxx, with a copy to J. Xxxxxxxx XxXxx, 388 SIDLEY XXXXXX XXXXX & XXXX LLP 00 Xxxxxxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000, Attention: Xxxx Xxxxxx; or, as to the Borrower or the Agent, at such other address as shall be designated by such party in a written notice to the other parties and, as to each other party, at such other address as shall be designated by such party in a written notice to the Borrower and the Agent. All such notices and communications shall, when mailed, telecopied, telegraphed or telexed, be effective when deposited in the mails, telecopied, delivered to the telegraph company or confirmed by telex answerback, respectively, except that notices and communications to the Agent pursuant to Article II, III or VII shall not be effective until received by the Agent. Delivery by telecopier of an executed counterpart of any amendment or waiver of any provision of this Agreement or the Notes or of any Exhibit hereto to be executed and delivered hereunder shall be effective as delivery of a manually executed counterpart thereof.
Appears in 1 contract
Samples: Credit Agreement (Dte Energy Co)
Notices, Etc. All notices and other communications provided for hereunder shall be in writing (including telecopiertelegraphic, telegraphic telecopy or telex communication) and mailed, telegraphed, telecopied, telegraphed, telexed or delivered, if to the Borrower, at its address at 0000 0xx XxxxxxXX Xxxxxxx Drive, XxxxxxxWest Point, XX 00000GA 81833, Attention: TreasurerXxxx Xxxxxxx; if to any Initial Lender, at its Domestic Lending Office specified opposite its name on Schedule I hereto; if to any other LenderLender Party, at its Domestic Lending Office specified in the Assignment and Acceptance pursuant to which it became a LenderLender Party; and if to the Collateral Agent, at its address at Xxxxxx Xxxxxxx & Co. Incorporated, 0000 Xxxxxxxx, Xxx Xxxx, Xxx Xxxx Xxx Xxxxx00000, Xxxxxxx XxxxxxxxT: (000) 000-0000, 00000F:(000) 000-0000, Attention: Xxxxx Xxxxxx; and if to the Administrative Agent, at its address at Xxxxxx Xxxxxxx Senior Funding Inc., 0000 Xxxxxxxx, Xxx Xxxx, Xxx Xxxx 00000, T: (000) 000-0000, F:(000) 000-0000, Attention: Xxxxx Xxxxxx; or, as to the Borrower or the Agentany party, at such other address as shall be designated by such party in a written notice to the other parties and, as to each other party, at such other address as shall be designated by such party in a written notice to the Borrower and the Agentparties. All such notices and communications shall, when mailed, telecopiedtelegraphed, telegraphed telecopied or telexed, be effective when deposited in the mails, telecopied, delivered to the telegraph company company, transmitted by telecopier or confirmed by telex answerback, respectively, except that notices and communications to the any Agent pursuant to Article II, III or VII VIII shall not be effective until received by the such Agent. Delivery Manual delivery by telecopier of an executed counterpart of any amendment or waiver of any provision of this Agreement or the Notes or of any Exhibit hereto to be executed and delivered hereunder shall be effective as delivery of a manually an original executed counterpart thereof.
Appears in 1 contract
Samples: Credit Agreement (Itc Deltacom Inc)
Notices, Etc. All notices notices, demands, requests, and other communications provided for hereunder shall be in writing (including telecopiertelegraphic, telegraphic telecopier or telex communication) and mailed, telegraphed, telecopied, telegraphed, telexed or delivereddelivered to, if in the case of any Representative, or the Collateral Trustees, addressed to each at their respective address specified in the Collateral Trust Agreement, in the case of the Borrower, addressed to it at its address at 0000 0xx Xxxxxx, Xxxxxxx, XX 00000, Attention: Treasurer; if to any Initial Lender, at its Domestic Lending Office specified opposite its name on Schedule I hereto; if to any other Lender, at its Domestic Lending Office specified in the Assignment and Acceptance Credit Agreement and, in the case of each Grantor other than the Borrower, addressed to it at its address set forth opposite such Grantor's name on the signature pages hereto or on the signature page to the Security Agreement Supplement pursuant to which it became a Lender; and if to the Agent, at its address at Xxx Xxxx Xxx Xxxxx, Xxxxxxx Xxxxxxxx, 00000, Attention: Xxxx Xxxxxxparty hereto; or, as to the Borrower or the Agentany party, at such other address as shall be designated by such party in a written notice to the other parties and, as to each other party, at such other address as shall be designated by such party in a written notice to the Borrower and the Agentparties. All such notices and other communications shall, when mailed, telecopiedtelegraphed, telegraphed telecopied or telexed, be effective when deposited in the mails, telecopied, delivered to the telegraph company company, telecopied or confirmed by telex answerback, respectively, addressed as aforesaid; except that notices and other communications to the Agent pursuant to Article II, III or VII Collateral Trustees shall not be effective until received by the AgentCollateral Trustees. Delivery by telecopier of an executed counterpart of any amendment or waiver of any provision of this Agreement or the Notes or of any Exhibit Security Agreement Supplement or Schedule hereto to be executed and delivered hereunder shall be effective as delivery of a manually an original executed counterpart thereof.
Appears in 1 contract
Samples: Security Agreement (Aes Corporation)
Notices, Etc. (a) All notices and other communications provided for hereunder shall be in writing (including telecopier, telegraphic or telex communication) and mailed, telecopied, telegraphed, telexed or delivered, if to the BorrowerCompany or to any Designated Subsidiary, at its the Company’s address at 0000 0xx XxxxxxCorporate Headquarters, 000 Xxxxxxx X Xxxxx, Xxxxxxx, XX Xxxxxxxxxxxx 00000-0000, Attention: TreasurerTreasury Department, Fax No. (000) 000-0000; if to any Initial Lender, at its Domestic Lending Office specified opposite its name on Schedule I hereto; if to any other Lender, at its Domestic Lending Office specified in the Assumption Agreement or the Assignment and Acceptance Acceptance, as the case may be, pursuant to which it became a Lender; and if to the Agent, at its address at Xxx Xxxx Xxx XxxxxTwo Penn’s Way, Xxxxxxx XxxxxxxxNew Castle, 00000Delaware 19720, Attention: Xxxx XxxxxxBank Loan Syndications, Fax No. (000) 000-0000; or, as to the any Borrower or the Agent, at such other address as shall be designated by such party in a written notice to the other parties and, as to each other party, at such other address as shall be designated by such party in a written notice to the Borrower Company and the Agent; provided that materials as may be agreed between the Borrowers and the Agent may be delivered to the Agent in accordance with clause (b) below. All such notices and communications shall, when mailed, telecopied, telegraphed or telexed, be effective when deposited in the mails, telecopied, delivered to the telegraph company or confirmed by telex answerback, respectively, except that notices and communications to the Agent pursuant to Article II, III or VII VIII shall not be effective until received by the Agent. Delivery by telecopier of an executed counterpart of any amendment or waiver of any provision of this Agreement or the Notes or of any Exhibit hereto to be executed and delivered hereunder shall be effective as delivery of a manually executed counterpart thereof.
(b) So long as Citibank or any of its Affiliates is the Agent, such materials as may be agreed between the Borrowers and the Agent may be delivered to the Agent in an electronic medium in a format acceptable to the Agent and the Lenders by e-mail at xxxxxxxxxxxxxxx@xxxxxxxxx.xxx. The Borrowers agree that the Agent may make such materials (collectively, the “Communications”) available to the Lenders by posting such notices on Intralinks or a substantially similar electronic system (the “Platform”). The Borrowers acknowledge that (i) the distribution of material through an electronic medium is not necessarily secure and that there are confidentiality and other risks associated with such distribution, (ii) the Platform is provided “as is” and “as available” and (iii) neither the Agent nor any of its Affiliates warrants the accuracy, adequacy or completeness of the Communications or the Platform and each expressly disclaims liability for errors or omissions in the Communications or the Platform. No warranty of any kind, express, implied or statutory, including, without limitation, any warranty of merchantability, fitness for a particular purpose, non-infringement of third party rights or freedom from viruses or other code defects, is made by the Agent or any of its Affiliates in connection with the Platform.
(c) Each Lender agrees that notice to it (as provided in the next sentence) (a “Notice”) specifying that any Communications have been posted to the Platform shall constitute effective delivery of such information, documents or other materials to such Lender for purposes of this Agreement; provided that if requested by any Lender the Agent shall deliver a copy of the Communications to such Lender by email or telecopier. Each Lender agrees (i) to notify the Agent in writing of such Lender’s e-mail address to which a Notice may be sent by electronic transmission (including by electronic communication) on or before the date such Lender becomes a party to this Agreement (and from time to time thereafter to ensure that the Agent has on record an effective e-mail address for such Lender) and (ii) that any Notice may be sent to such e-mail address.
Appears in 1 contract
Samples: Credit Agreement (Hershey Co)
Notices, Etc. All notices and other communications provided for hereunder shall be in writing (including telecopier, telegraphic telegraphic, telex or telex cable communication) and mailed, telecopied, telegraphed, telexed telexed, cabled or delivered, if to the Borrower, at its address at 0000 0xx 000 Xxxxxx Xxxxxx, Xxx Xxxxxxx, XX 00000, Attention: Treasurer; if to any Initial LenderBank, at its Domestic Lending Office specified opposite its name on Schedule I hereto; if to any other Lender, at its Domestic Lending Office specified in the Assignment and Acceptance pursuant to which it became a Lender; and if to the Administrative Agent, at its address at Xxx 000 Xxxx Xxx Xxxxxx, 00xx Xxxxx, Xxxxxxx XxxxxxxxXxx Xxxx, XX 00000, Attention: Loan Operations, Xxxx Xxxxxx; Xxxxx/Xxxxxxx Xxxxxxxx (Telephone: (000) 000-0000/5811, Facsimile: (000) 000-0000) or, as to the Borrower or the Agenteach party, at such other address as shall be designated by such party in a written notice to the other parties and, as to each other party, at such other address as shall be designated by such party in a written notice to the Borrower and the Agentparties. All such notices and communications shall, when mailed, telecopied, telegraphed telegraphed, telexed or telexedcabled, be effective when deposited in the mails, telecopied, delivered to the telegraph company or company, confirmed by telex answerbackanswerback or delivered to the cable company, respectively, except that notices and communications to the Administrative Agent pursuant to Article II, III II or VII shall not be effective until received by the Administrative Agent. Delivery Except as otherwise provided in Section 5.01(c), notices and other communications given by telecopier of an executed counterpart of any amendment or waiver of any provision of this Agreement or the Notes or of any Exhibit hereto Borrower to be executed and delivered hereunder the Administrative Agent shall be effective as delivery of a manually executed counterpart thereofdeemed given to the Lenders.
Appears in 1 contract
Notices, Etc. All notices and other communications provided for hereunder shall be in writing (including telecopier, telegraphic or telex communication) and mailed, telecopied, telegraphed, telexed or delivered, if to the Paxar, at its address at 000 Xxxxxxxxx Xxxx Xxxxx, Xxxxx Xxxxxx, Xxx Xxxx 00000-0000, Attention: Xxxx Xxxxx, Chief Financial Officer; if to Xxxxxxxxx, at its address at care of Paxar Corporation 000 Xxxxxxxxx Xxxx Xxxxx, Xxxxx Xxxxxx, Xxx Xxxx 00000-0000, Attention: Xxxx Xxxxx, Chief Financial Officer; if to any other Borrower, at its address at 0000 0xx Xxxxxx, Xxxxxxx, XX 00000, Attention: Treasurerspecified in the applicable Credit Agreement Supplement; if to any Initial Lender, at its Domestic Lending Office specified opposite its name on Schedule I hereto; if to any other LenderLender Party, at its Domestic Lending Office specified in the Assignment and Acceptance pursuant to which it became a LenderLender Party; and if to the Administrative Agent, at its address at 000 Xxxxxxxxxxx Xxxxxx, Xxxxx Xxxxxx, Xxx Xxxx Xxx Xxxxx, Xxxxxxx Xxxxxxxx, 00000, Attention: Xxxx XxxxxxXxxxxxx Xxxxx; or, as to the Borrower Paxar or the Administrative Agent, at such other address as shall be designated by such party in a written notice to the other parties and, as to each other party, at such other address as shall be designated by such party in a written notice to the Borrower Paxar and the Administrative Agent. All such notices and communications shall, when mailed, telecopied, telegraphed or telexed, be effective when deposited in the mails, telecopied, delivered to the telegraph company or confirmed by telex answerback, respectively, except that notices and communications to the Administrative Agent pursuant to Article II, III or VII shall not be effective until received by the Administrative Agent. Delivery by telecopier of an executed counterpart of any amendment or waiver of any provision of this Agreement or the Notes or of any Exhibit hereto to be executed and delivered hereunder shall be effective as delivery of a manually executed counterpart thereof.
Appears in 1 contract
Samples: Credit Agreement (Paxar Corp)
Notices, Etc. All notices and other communications provided for hereunder shall be in writing (including telecopierincluding, telegraphic without limitation, telegraphic, telex, telecopy or telex cable communication) and mailed, telegraphed, telexed, telecopied, telegraphed, telexed cabled or delivereddelivered by hand, if to the Borrower, at its address at 0000 0xx 1134 Xxxxxx Xxxxxx, XxxxxxxXxxxxxxx, XX Xxxx Xxxxxxxx 00000, AttentionXxtention: TreasurerChief Financial Officer with copy to WHX or WPN Corp. at 110 Xxxx 00xx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000, Xxtention: Mr. Xxxxxxx Xxxix; if xx to any Initial Lender, at its Domestic Lending Office specified opposite its name on Schedule I III hereto; if to any other Lender, at its Domestic Lending Office specified in the Assignment and Acceptance pursuant to which it became a Lender; and if to the Agent, at its address at Xxx 399 Xxxx Xxx Xxxxxx, 0xx Xxxxx, Xxxxxxx XxxxxxxxXxxx 0, 00000New York, New York 10043, Attention: Xxxx Keitx X. Xxxxxx; orxx, as to the Borrower or the Agent, at such other address as shall be designated by such party in a written notice to the other parties and, as to each other party, at such other address as shall be designated by such party in a written notice to the Borrower and the Agent. All such notices and communications shall, when mailed, telegraphed, telexed, telecopied, telegraphed cabled or telexeddelivered, be effective when deposited in the mails, telecopieddelivered to the telegraph company, confirmed by telex answerback, telecopied with confirmation of receipt, delivered to the telegraph cable company or confirmed delivered by telex answerbackhand to the addressee or its agent, respectively, except that notices and communications to the Agent pursuant to Article II, III II or VII IX shall not be effective until received by the Agent. Delivery by telecopier of an executed counterpart of any amendment or waiver of any provision of this Agreement or the Revolving Credit Notes or of any Exhibit hereto to be executed and delivered hereunder shall be effective as delivery of a manually executed counterpart thereof.any
Appears in 1 contract
Samples: Credit Agreement (WHX Corp)
Notices, Etc. All notices and other communications provided for hereunder shall be in writing (including telecopier, telegraphic or telex telecopier communication) and mailed, telecopied, telegraphed, telexed telecopied or delivered, if to the Borrower, at its address at 0000 0xx Xxxxxx2000 Xxx Xxxxxxxxxx Xxxx, XxxxxxxXxxxxx Xxxxx, XX Xxxxxxx 00000, Attention: TreasurerJxxxx Xxxxx; if to any Initial Lender, at its Domestic Lending Office specified opposite its name on Schedule I hereto; if to any other Lender, at its Domestic Lending Office specified in the Assumption Agreement or the Assignment and Acceptance pursuant to which it became a Lender; and if to the Agent, at its address at Xxx Xxxx Xxx Xxxxx200 Xxxxx Xxxxxxx Xxxxxx, Xxxxxxx XxxxxxxxXxxxxxxxx, XX 00000-0000, Attention: Xxxx XxxxxxSyndication Agency Services; or, as to the Borrower or the Agent, at such other address as shall be designated by such party in a written notice to the other parties and, as to each other party, at such other address as shall be designated by such party in a written notice to the Borrower and the Agent. All such notices and communications shall, when mailed, mailed or telecopied, telegraphed or telexed, be effective when deposited in the mails, mails or telecopied, delivered to the telegraph company or confirmed by telex answerback, respectively, except that notices and communications to the Agent pursuant to Article II, III or VII shall not be effective until received by the Agent. Delivery by telecopier of an executed counterpart of any amendment or waiver of any provision of this Agreement or the Notes or of any Exhibit hereto to be executed and delivered hereunder shall be effective as delivery of a manually executed counterpart thereof.
Appears in 1 contract
Samples: Credit Agreement (Office Depot Inc)
Notices, Etc. All notices and other communications provided for hereunder shall be in writing (including telecopier, telegraphic or telex communicationfax communication and any other method of communication authorized by the Lender) and mailed, telecopied, telegraphed, telexed faxed or delivered, if sent by a reputable overnight courier or delivery service to the Borrower, at its the Borrower’s address at 0000 0xx XxxxxxXxxxxxx Xx., XxxxxxxXxxxxxxx, XX 0000000000 or fax number (000) 000-0000, Attention: TreasurerXxxxx Xxxxx (with copy to General Counsel fax (000) 000-0000); if to any Initial Lender, at its Domestic Lending Office specified opposite its name on Schedule I hereto; if to any other Lender, at its Domestic Lending Office specified in the Assignment and Acceptance pursuant to which it became a Lender; and or if to the AgentLender, at its address at Xxxxxx Xxxxxxx Private Bank, National Association, c/o Morgan Xxxxxxx Xxxxx Xxxxxx LLC, 0000 Xxxxxxxxxxx Xxxxxx, Xxxxx 0XX, Xxxxxxxx, Xxx Xxxx Xxx Xxxxx, Xxxxxxx Xxxxxxxx, 00000, Attention: Xxxx Xxxxxxor fax number (000) 000-0000; or, as to the Borrower or the Agent, Lender at such other address or fax number as shall be designated by such party in a written notice to the other parties andparty or, in the case of a change of the Borrower’s address or fax number, as to each other party, at such other address as shall may be designated requested by such party in a written notice to the Borrower by telephonic notice and confirmed in writing by the AgentLender. All such notices and communications shall, when mailed, telecopied, telegraphed or telexedfaxed, be effective upon the faxing thereof or, when deposited sent by reputable overnight courier or delivery system, be effective on the Business Day following the day when the same is sent in the mails, telecopied, delivered to the telegraph company or confirmed by telex answerback, respectivelysuch manner, except that notices and communications to the Agent Lender pursuant to Article II, III or VII II shall not be effective until received by the AgentLender. Delivery by telecopier facsimile or other electronic means of an executed counterpart of any amendment or waiver of any provision of this Agreement or the Notes or of any Exhibit schedule or exhibit hereto to be executed and delivered hereunder shall be as effective as delivery of a manually an original executed counterpart thereof. The foregoing Basic Terms are incorporated into and made a part of this Agreement.
Appears in 1 contract
Samples: Line of Credit Agreement (Isis Pharmaceuticals Inc)
Notices, Etc. All notices and other communications provided for hereunder shall be in writing (including telecopiertelegraphic, telegraphic telecopy or telex communication) and mailed, telegraphed, telecopied, telegraphed, telexed or delivered, if to the Borrower, at its address at 0000 0xx Xxxxxx10470 Xxxx Xxxxxxx Xxxxx, Xxxxxxx, XX 00000Littleton CO 80124, Attention: TreasurerMark Xxxxxx; if xx to any Initial Lender, at its Domestic Lending Office specified opposite its name on Schedule I hereto; if to any other Lender, at its Domestic Lending Office specified in the Assignment and Acceptance pursuant to which it became a Lender; and if to the Administrative Agent, at its address at 1633 Xxxxxxxx, 00xx Xxxxx, Xxx Xxxx, Xxx Xxxx Xxx Xxxxx, Xxxxxxx Xxxxxxxx, 00000, AttentionXxtention: Xxxx Jamex Xxxxxx, xxlephone: (212) 000-0000; xxcsimile: (212) 000-0000 (xx - 1866); or, as to the Borrower or the Administrative Agent, at such other address as shall be designated by such party in a written notice to the other parties and, as to each other party, at such other address as shall be designated by such party in a written notice to the Borrower and the Administrative Agent. All such notices and other communications shall, when mailed, telecopiedtelegraphed, telegraphed telecopied or telexed, be effective when deposited in the mails, telecopied, delivered to the telegraph company company, transmitted by telecopier or confirmed by telex answerback, respectively, except that notices and communications to the Administrative Agent pursuant to Article II, III or VII shall not be effective until received by the Administrative Agent. Delivery by telecopier of an executed counterpart of any amendment or waiver of any provision of this Agreement or the Notes or of any Exhibit hereto to be executed and delivered hereunder shall be effective as delivery of a manually an original executed counterpart thereof.
Appears in 1 contract
Notices, Etc. All notices and other communications provided for hereunder shall be in writing (including telecopiertelegraphic, telegraphic telecopy or telex communication) and mailed, telegraphed, telecopied, telegraphed, telexed or delivered, if to the Borrower, at its address at 0000 0xx Xxxxxx00000 Xxxxxx Xxxxxxx Xxxxx 0000, Xxxxxxx, XX Xxxxx 00000, Attention: TreasurerXxxxx X. Xxxxxxx; if to any Initial Lender, at its Domestic Lending Office specified opposite its name on Schedule I hereto; if to any other Lender, at its Domestic Lending Office specified in the Assignment and Acceptance pursuant to which it became a Lender; and if to the Administrative Agent, at its address at 0000 Xxxxxxxx, 00xx Xxxxx, Xxx Xxxx, Xxx Xxxx Xxx Xxxxx, Xxxxxxx Xxxxxxxx, 00000, Attention: Xxxx Xxxxx Xxxxxx; or, as to the Borrower or the Administrative Agent, at such other address as shall be designated by such party in a written notice to the other parties and, as to each other party, at such other address as shall be designated by such party in a written notice to the Borrower and the Administrative Agent. All such notices and other communications shall, when mailed, telecopiedtelegraphed, telegraphed telecopied or telexed, be effective when deposited in the mails, telecopied, delivered to the telegraph company company, transmitted by telecopier or confirmed by telex answerback, respectively, except that notices and communications to the any Agent pursuant to Article II, III or VII VIII shall not be effective until received by the such Agent. Delivery by telecopier of an executed counterpart of any amendment or waiver of any provision of this Agreement or the Notes or of any Exhibit hereto to be executed and delivered hereunder shall be effective as delivery of a manually an original executed counterpart thereof.
Appears in 1 contract
Notices, Etc. All notices and other communications provided for hereunder shall be in writing (including telecopier, telegraphic or telex communication) and mailed, telecopied, telegraphed, telexed or delivered, if to the Borrower, at its address at 0000 0xx 1150 00xx Xxxxxx, XxxxxxxX.X., XX Xxxxxxxxxx, X.X. 00000, AttentionXxtention: Treasurer; if to any Initial Lender, at its Domestic Lending Office specified opposite its name on Schedule I hereto; if to any other Lender, at its Domestic Lending Office specified in the Assumption Agreement or the Assignment and Acceptance pursuant to which it became a Lender; and if to the Agent, at its address at 1 Coxxx Xxxxxx, Xxxx Xxxxxx Xxxx, Xxx Xxxx Xxx Xxxxx, Xxxxxxx Xxxxxxxx, 00000, AttentionXxtention: Xxxx XxxxxxBrucx XxxXxxxxx; orxx, as to the Borrower or the Agent, at such other address as shall be designated by such party in a written notice to the other parties and, as to each other party, at such other address as shall be designated by such party in a written notice to the Borrower and the Agent. All such notices and communications shall, when mailedhand delivered, telecopied, telegraphed or telexed, be effective when deposited in the mails, telecopied, delivered to the telegraph company or confirmed by telex answerback, respectively, except that notices and communications to the Agent pursuant to Article II, III or VII shall not be effective until received by the Agentreceived. Delivery by telecopier of an executed counterpart of any amendment or waiver of any provision of this Agreement or the Notes or of any Exhibit hereto to be executed and delivered hereunder shall be effective as delivery of a manually executed counterpart thereof.
Appears in 1 contract
Notices, Etc. All notices and other communications provided for hereunder shall be in writing (including telecopiertelecopy, telegraphic telegraphic, or telex communication) cable communication and telecopied, mailed, telecopied, telegraphed, telexed cabled, or delivered, if to the Borrower, at its address at 0000 0xx P.O. Xxx 0, 000 Xxxxxx Xxxxxx, XxxxxxxXxxx Xxxxx, XX Xxxxx 00000, Attention: Treasurer; if xx to any Initial LenderBank listed on SCHEDULE I hereto, at its Domestic Lending Office Notice Address specified opposite its name on Schedule SCHEDULE I hereto; if to any other LenderBank, at its Domestic Lending Office office specified in the Assignment and Acceptance pursuant to which it became a LenderBank; and if to the Administrative Agent, at its address at Xxx Texas Commerce Tower, Energy Department, 2200 Xxxx Xxx XxxxxXxxxxx, Xxxxxxx Xxxxxxxx3rd Floor, 00000Dallas, Texas 75201, Attention: Xxxx XxxxxxTimoxxx X. Xxxxx; orxx, as to the Borrower Borrower, any Bank, or the Administrative Agent, at such other address as shall be designated by such party in a written notice to the other parties and, as to each other party, at such other address as shall be designated by such party in a written notice to the Borrower and the Administrative Agent. All such notices and communications shall, when telecopied, mailed, telecopiedtelegraphed, telegraphed or telexedcabled, be effective when sent by telecopy, deposited in the mails, telecopied, delivered to the telegraph company company, or confirmed by telex answerbackdelivered to the cable company, respectively, except that notices and communications to the Administrative Agent pursuant to Article II, III ARTICLE II or VII shall not be effective until received by the Administrative Agent. Delivery The Administrative Agent shall be entitled to rely on any oral notice made pursuant to SECTION 2.03(A)(V) believed by telecopier of an executed counterpart it to be genuine and made by the proper party or parties, and the Borrower and the Banks, as the case may be, agree to be conclusively bound by the Administrative Agent's records in respect of any amendment or waiver of any provision of this Agreement or the Notes or of any Exhibit hereto to be executed and delivered hereunder shall be effective as delivery of a manually executed counterpart thereofsuch notice.
Appears in 1 contract
Samples: Competitive Advance/Revolving Credit Agreement (Union Pacific Resources Group Inc)
Notices, Etc. All notices and other communications provided for hereunder shall be in writing (including telecopier, telegraphic or telex telecopier communication) and mailed, telecopied, telegraphed, telexed telecopied or delivered, if to the Borrower, at its address at 0000 0xx Xxxxxx00 Xxxxxxxx Xxxxx, XxxxxxxXxxxxxxxxxx, XX Xxxxxxxxxxxxx 00000, Attention: TreasurerVice President and Director of Corporate Finance; if to any Initial Lender, at its Domestic Lending Office specified opposite its name on Schedule I hereto; if to any other Lender, at its Domestic Lending Office specified in the Assignment and Acceptance pursuant to which it became a Lender; and if to the Administrative Agent, at its address at Xxx Xxxx Xxx Xxxxx000 Xxxxxxx Xxxxxx, Xxxxxxx XxxxxxxxXXXX00000X, Xxxxxx, Xxxxxxxxxxxxx 00000, Attention: Xxxx XxxxxxXxxxx Xxxx; or, as to the Borrower or the Administrative Agent, at such other address as shall be designated by such party in a written notice to the other parties and, as to each other party, at such other address as shall be designated by such party in a written notice to the Borrower and the Administrative Agent. All such notices and communications shall, when mailed, mailed or telecopied, telegraphed or telexed, be effective when deposited in the mails, mails or telecopied, delivered to the telegraph company or confirmed by telex answerback, respectively, except that notices and communications to the Administrative Agent pursuant to Article II, III or VII shall not be effective until received by the Administrative Agent. Delivery by telecopier of an executed counterpart of any amendment or waiver of any provision of this Agreement or and the Notes or of any Exhibit hereto to be executed and delivered hereunder shall be effective as delivery of a manually executed counterpart thereof.
Appears in 1 contract
Notices, Etc. All notices and other communications provided for hereunder shall be in writing (including telecopier, telegraphic telegraphic, telex or telex cable communication) and mailed, telecopied, telegraphed, telexed telexed, cabled or delivered, if to the Borrower, at its address at 0000 0xx Xxxxxxxx Xxxxxx, XxxxxxxXxxx Xxxx 0000, XX Xxxxxxxxxxx, Xxx Xxxxxx 00000, Attention: TreasurerCorporate Treasury Management; if to any Initial LenderBank, at its Domestic Lending Office specified opposite its name on Schedule I hereto; if to any other LenderLender Party, at its Domestic Lending Office specified in the Assignment and Acceptance pursuant to which it became a LenderLender Party; and if to the Chase, as Administrative Agent, at its address at 000 Xxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx Xxx Xxxxx, Xxxxxxx Xxxxxxxx, 00000, Attention: Utilities Group; if to Citibank, as Syndication Agent, at its address at 000 Xxxx Xxxxxx, Xxx Xxxx, XX 00000, Attention: Utilities Department; and if to Xxxxxx, as Documentation Agent, at its address at 00 Xxxx Xxxxxx, Xxx Xxxx, XX 00000, Attention: Xxxxx Xxxxx-Xxxxx; or, as to the Borrower or the Agenteach party, at such other address as shall be designated by such party in a written notice to the other parties andparties. Unless otherwise specifically provided herein, as to each other party, at such other address as shall be designated by such party in a written notice to the Borrower and the Agent. All all such notices and communications shall, when mailed, telecopied, telegraphed telegraphed, telexed or telexedcabled, be effective when deposited in the mails, telecopied, delivered to the telegraph company or company, confirmed by telex answerbackanswerback or delivered to the cable company, respectively, except that notices and communications to the Administrative Agent pursuant to Article II, III II or VII shall not be effective until received by the Administrative Agent. Delivery by telecopier of an executed counterpart of any amendment or waiver of any provision of this Agreement or the Notes or of any Exhibit hereto to be executed and delivered hereunder shall be effective as delivery of a manually executed counterpart thereof.
Appears in 1 contract
Notices, Etc. All notices and other communications provided for hereunder shall be in writing (including telecopier, telegraphic or telex communication) and mailed, telecopied, telegraphed, telexed or delivered, if to the Borrower, at its address at 0000 0xx 2600 Xxxxx Xxxxxxx Xxxxxx, Xxxxxxx, XX Xxxxxxx 00000-0000 , AttentionXttention: Treasurer; if to any Initial Lender, at its Domestic Lending Office specified opposite its name on Schedule I hereto; if to any other Lender, at its Domestic Lending Office specified in the Assumption Agreement or the Assignment and Acceptance pursuant to which it became a Lender; and if to the Agent, at its address at Two Xxxxx Xxx, Xxx Xxxx Xxx XxxxxXxxxxx, Xxxxxxx Xxxxxxxx, Xxxxxxxx 00000, AttentionXxtention: Xxxx XxxxxxBank Loan Syndications Department; or, as to the Borrower or the Agent, at such other address as shall be designated by such party in a written notice to the other parties and, as to each other party, at such other address as shall be designated by such party in a written notice to the Borrower and the Agent. All such notices and communications shall, when mailed, telecopied, telegraphed or telexed, be effective when deposited in the mails, telecopied, delivered to the telegraph company or confirmed by telex answerback, respectively, except that notices and communications to the Agent pursuant to Article II, III or VII shall not be effective until received by the Agent. Delivery by telecopier of an executed counterpart of any amendment or waiver of any provision of this 44 40 Agreement or the Notes or of any Exhibit hereto to be executed and delivered hereunder shall be effective as delivery of a manually executed counterpart thereof.
Appears in 1 contract
Samples: Credit Agreement (Phelps Dodge Corp)
Notices, Etc. All notices and other communications provided for hereunder shall be in writing (including telecopiertelegraphic, telegraphic telecopy or telex communication) and mailed, telegraphed, telecopied, telegraphed, telexed or delivered, if to the Borrower, at its address at 0000 0xx 950 Xxxxx Xxxxxx, XxxxxxxXxx Xxxx, XX Xxx Xxxx 00000, AttentionXxtention: TreasurerAriex Xxxxxx; if xx to any Initial LenderLender or the Initial Issuing Bank, at its Domestic Lending Office specified opposite its name on Schedule I hereto; if to any other LenderLender Party, at its Domestic Lending Office specified in the Assignment and Acceptance pursuant to which it became a LenderLender Party; and if to the Administrative Agent, at its address at Xxx Xxxx Xxx Xxxxx100 Xxxxx Xxxxx Xxxxxx, Xxxxxxx XxxxxxxxCharlotte, 00000North Carolina 28255, Attention: Xxxx XxxxxxLynnx Xxxxx, xxth a copy to NationsCredit, One Xxxxxxxxxx Xxxxx, X.X. Xxx 00000, Xxxxxxxx, XX 00000-0000, Xxtention: Alan Xxxxxxxx; orxx, as to the Borrower or the Administrative Agent, at such other address as shall be designated by such party in a written notice to the other parties and, as to each other party, at such other address as shall be designated by such party in a written notice to the Borrower and the Administrative Agent. All such notices and communications shall, when mailed, telecopiedtelegraphed, telegraphed telecopied or telexed, be effective when deposited in the mails, telecopied, delivered to the telegraph company company, transmitted by telecopier or confirmed by telex answerback, respectively, except that notices and communications to the Administrative Agent pursuant to Article II, III or VII shall not be effective until received by the Administrative Agent. Delivery by telecopier of an executed counterpart of any amendment or waiver of any provision of this Agreement or the Notes or of any Exhibit hereto to be executed and delivered hereunder shall be effective as delivery of a manually executed counterpart thereof.
Appears in 1 contract
Samples: Credit Agreement (Afa Products Inc)
Notices, Etc. All notices and other communications provided for hereunder shall be in writing (including telecopier, telegraphic or telex communication) and mailed, telecopied, telegraphed, telexed or delivered, if to the Borrower, at its address at 0000 0xx Xxxxxx2000 2nd Avenue, XxxxxxxDetroit, XX 00000MI 48226, Attention: Treasurer; if to any Initial LenderXxxxxxx Xxxxxx, at its xx xxx Domestic Lending Office specified opposite its name on Schedule I hereto; if to any other Lender, at its Domestic Lending Office specified in the Assignment and Acceptance pursuant to which it became a Lender; and if to the Agent, at its address at Xxx Xxxx Xxx Xxxxx222 Broadway, Xxxxxxx XxxxxxxxNew York, 00000NY 10038, Attention: Xxxx XxxxxxMichele Fuimo and Mayexxxx Xxxxxxxxx; orxx, as to the Borrower xx xx xxx Xxrrower or the AgentXxxxx, at such other address as shall xx xxch otxxx xxxxxxx xx xxxll be designated by such party in a written notice to the other parties and, as to each other party, at such other address as shall be designated by such party in a written notice to the Borrower and the Agent. All such notices and communications shall, when mailed, telecopied, telegraphed or telexed, be effective when deposited in the mails, telecopied, delivered to the telegraph company or confirmed by telex answerback, respectively, except that notices and communications to the Agent pursuant to Article II, III or VII shall not be effective until received by the Agent. Delivery by telecopier of an executed counterpart of any amendment or waiver of any provision of this Agreement or the Notes or of any Exhibit hereto to be executed and delivered hereunder shall be effective as delivery of a manually executed counterpart thereof.
Appears in 1 contract
Samples: Credit Agreement (Detroit Edison Co)
Notices, Etc. All notices and other communications provided for hereunder shall be in writing (including telecopier, telegraphic or telex communication) and mailed, telecopied, telegraphed, telexed or delivered, if to the Borrower, at its address at 0000 0xx 000 Xxxxx Xxxxxxxx Xxxxxx, XxxxxxxXxxx, XX Xxxxxxxxxxxx 00000, Attention: Treasurer, Telephone: (000) 000-0000, Fax: (717) 000-0000; if to any Initial Lender, at its Domestic Lending Office specified opposite its name on Schedule I hereto; if to any other Lender, at its Domestic Lending Office specified in the Assignment and Acceptance pursuant to which it became a Lender; and if to the Agent, at its address at Xxx Xxxx Xxxxx Xxx, Xxx XxxxxXxxxxx, Xxxxxxx Xxxxxxxx, Xxxxxxxx 00000, Attention: Xxxx XxxxxxBank Loan Syndications Department; or, as to the Borrower or the Agent, at such other address as shall be designated by such party in a written notice to the other parties and, as to each other party, at such other address as shall be designated by such party in a written notice to the Borrower and the Agent. All such notices and communications shall, when mailed, telecopied, telegraphed or telexed, be effective when deposited in the mails, telecopied, delivered to the telegraph company or confirmed by telex answerback, respectively, except that notices and communications to the Agent pursuant to Article II, III or VII shall not be effective until received by the Agent. Delivery by telecopier of an executed counterpart of any amendment or waiver of any provision of this Agreement or the Notes or of any Exhibit hereto to be executed and delivered hereunder shall be effective as delivery of a manually executed counterpart thereof.
Appears in 1 contract
Samples: 364 Day Credit Agreement (York International Corp /De/)
Notices, Etc. All notices and other communications provided for hereunder shall be either (x) in writing (including telecopier, telegraphic or telex telecopier communication) and mailed, telecopied, telegraphed, telexed or delivereddelivered or (y) as and to the extent set forth in Section 9.02(b) and in the proviso to this Section 8.02(a), if to the any Borrower, to the Company at its address at 0000 0xx Xxxxxx000 Xxxxxxxx Xxxx Road, XxxxxxxPurchase, XX 00000New York 10577, Attention: Assistant Treasurer, Telecopier No. (000) 000-0000, with a copy to Secretary, Telecopier No. (000) 000-0000; if to any Initial Lender, at its Domestic Lending Office specified opposite set forth in its name on Schedule I heretoAdministrative Questionnaire; if to any other Lender, at its Domestic Lending Office specified in the Assignment and Acceptance Assumption pursuant to which it became a Lender; and if to the Agent, at its address at Xxx Xxxx Xxx Xxxxx, Xxxxxxx Xxxxxxxx, 00000, Attention: Xxxx Xxxxxxthe Agent Address; or, as to the Borrower Company or the Agent, at such other address as shall be designated by such party in a written notice to the other parties and, as to each other party, at such other address as shall be designated by such party in a written notice to the Borrower Company and the Agent, provided that materials required to be delivered pursuant to Section 5.01(d)(i), (ii) or (iv) shall be delivered to the Agent as specified in Section 8.02(b) or as otherwise specified to the Company by the Agent. All such notices and communications shall, when mailed, telecopied, telegraphed or telexed, telecopied be effective when deposited in the mails, mails or telecopied, delivered to the telegraph company or confirmed by telex answerback, respectively, except that notices and communications to the Agent pursuant to Article II, III or VII shall not be effective until received by the Agent. Delivery The Company and the Agent may agree to accept notice and other communications 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 electronic means pursuant to be executed and delivered hereunder shall be effective as delivery of a manually executed counterpart thereofprocedures approved by both parties.
Appears in 1 contract
Samples: Credit Agreement (Pepsico Inc)
Notices, Etc. All notices and other communications provided for hereunder shall be in writing (including telecopier, telegraphic or telex communication) and mailed, telecopied, telegraphed, telexed or delivered, if to the Company or any other Borrower, to (or in care of) the Company, at its address at 0000 0xx Xxxxxx1000 Xxxxxx xx xxx Xxxxxxxx, XxxxxxxXxx Xxxx, XX Xxx Xxxx 00000, Attention: TreasurerVice President and Treasurer (with a copy at the same address to the Senior Vice President and General Counsel); if to any Initial Lender, at its Domestic Lending Office specified opposite its name on Schedule I hereto; if to any other Lender, at its Domestic Lending Office specified in the Assumption Agreement or the Assignment and Acceptance pursuant to which it became a Lender; and if to the Agent, at its address at Txx Xxxxx Xxx, Xxx Xxxx Xxx XxxxxXxxxxx, Xxxxxxx Xxxxxxxx, Xxxxxxxx 00000, Attention: Xxxx XxxxxxBank Loan Syndications Department; or, as to the Borrower Company or the Agent, at such other address as shall be designated by such party in a written notice to the other parties and, as to each other party, at such other address as shall be designated by such party in a written notice to the Borrower Company and the Agent. All such notices and communications shall, when mailed, telecopied, telegraphed or telexed, be effective when deposited in the mails, telecopied, delivered to the telegraph company or confirmed by telex answerback, respectively, except that notices and communications to the Agent pursuant to Article II, III or VII shall not be effective until received by the Agent. Delivery by telecopier of an executed counterpart of any amendment or waiver of any provision of this Agreement or the Notes or of any Exhibit hereto to be executed and delivered hereunder shall be effective as delivery of a manually executed counterpart thereof.
Appears in 1 contract
Samples: 364 Day Credit Agreement (Interpublic Group of Companies Inc)
Notices, Etc. All notices and other communications provided for hereunder shall be in writing (including telecopier, telegraphic or telex communication) and mailed, telecopied, telegraphed, telexed or delivered, if to the BorrowerCompany, at its address at 0000 0xx Xxxxxx, Xxxxxxx Xxxxxxx Xxxxxxx, XX Xxxxxxxx, Xxxxxx 00000, Attention: TreasurerTreasurer (Telecopier No.: (000) 000-0000); if to Sprint Capital, at its address at 0000 Xxxxxxx Xxxxxxx Xxxxxxx, Xxxxxxxx, Xxxxxx 00000, Attention: Treasurer (Telecopier No.: (000) 000-0000); if to any Initial Lender, at its Domestic Lending Office specified opposite its name on Schedule I hereto; if to any other Lender, at its Domestic Lending Office specified in the Assignment and Acceptance or the Assumption Agreement pursuant to which it became a Lender; and if to the Administrative Agent, at its address at 000 Xxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx Xxx Xxxxx, Xxxxxxx Xxxxxxxx, 00000, Attention: Xxxxxx Xxxx Xxxxxx(Telecopier No.: (000) 000-0000); or, as to the any Borrower or the Administrative Agent, at such other address as shall be designated by such party in a written notice to the other parties and, as to each other party, at such other address as shall be designated by such party in a written notice to the Borrower Borrowers and the Administrative Agent. All such notices and communications shall, when mailed, telecopied, telegraphed or telexed, be effective when deposited in the mails, telecopied, delivered to the telegraph company or confirmed by telex answerback, respectively, except that notices and communications to the Administrative Agent pursuant to Article II, III or VII shall not be effective until received by the Administrative Agent. Delivery by telecopier of an executed counterpart of any amendment or waiver of any provision of this Agreement or the Notes or of any Exhibit (other than the Notes) hereto to be executed and delivered hereunder shall be effective as delivery of a manually executed counterpart thereof.
Appears in 1 contract
Notices, Etc. All notices and other communications provided for hereunder shall be in writing (including telecopier, telegraphic or telex communication) and mailed, telecopied, telegraphed, telexed or delivered, if to the Borrower, at its address at 0000 0xx XxxxxxXxxxx Xxxxxxxx Xxxx, XxxxxxxXxxxxxxxx, XX Xxxxxxxxx 00000, Attention: TreasurerVice President - Finance; if to any Initial Lender, at its Domestic Lending Office specified opposite its name on Schedule I hereto; if to any other Lender, at its Domestic Lending Office specified in the Assumption Agreement or the Assignment and Acceptance pursuant to which it became a Lender; and if to the Agent, at its address at Xxx Xxxx Xxxxx Xxx, Xxx XxxxxXxxxxx, Xxxxxxx Xxxxxxxx, Xxxxxxxx 00000, Attention: Xxxx XxxxxxBank Loan Syndications Department; or, as to the Borrower or the Agent, at such other address as shall be designated by such party in a written notice to the other parties and, as to each other party, at such other address as shall be designated by such party in a written notice to the Borrower and the Agent. All such notices and communications shall, when mailed, telecopied, telegraphed or telexed, be effective when deposited in the mails, telecopied, delivered to the telegraph company or confirmed by telex answerback, respectively, except that notices and communications to the Agent pursuant to Article II, III or VII shall not be effective until received by the Agent. Delivery by telecopier of an executed counterpart of any amendment or waiver of any provision of this Agreement or the Notes or of any Exhibit hereto to be executed and delivered hereunder shall be effective as delivery of a manually executed counterpart thereof.
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Notices, Etc. (a) All notices and other communications provided for hereunder hereunder, unless otherwise expressly stated herein, shall be in writing (including telecopier, telegraphic or telex facsimile communication) and mailed, telecopied, telegraphed, telexed faxed or delivered, if to the Borrowera Credit Party, at its address at 0000 0xx Xxxxxx, Xxxxxxx, XX 00000, Attention: Treasurerset forth below its respective name on the signature pages hereof; if to any Initial the initial Lender, at its Domestic Lending Office specified opposite its name on Schedule I 1.01 hereto; if to any other Lenderentity to whom the Lender assigns its rights, obligations and interest under this Agreement pursuant to Section 8.07 herein, at its Domestic Lending Office specified in the Assignment and Acceptance pursuant to which it became a the Lender; and if to the Agent, at its address at Xxx Xxxx Xxx Xxxxx, Xxxxxxx Xxxxxxxx, 00000, Attention: Xxxx Xxxxxx; or, as to the Borrower or the Agentany Credit Party, at such other address as shall be designated by such party in a written notice to the other parties and, as to each other party, at such other address as shall be designated by such party in a written notice to the Borrower and the Agentany Credit Party. All such notices and communications shall, when mailed, telecopied, telegraphed mailed or telexedfaxed, be effective when deposited in the mails, telecopied, delivered to the telegraph company mails or confirmed by telex answerbackfaxed, respectively, except that notices and communications to the Agent Lender pursuant to Article II, II or III or VII shall not be effective until received by the AgentLender. Delivery by telecopier facsimile of an executed counterpart of any amendment or waiver of any provision of this Agreement or the Notes Note or of any Exhibit hereto to be executed and delivered hereunder shall be effective as delivery of a manually executed counterpart thereof.
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Samples: Credit Agreement (International Flavors & Fragrances Inc)